Expression of Interest (EoI) cum- Request for Proposal for ...himachalservices.nic.in/hpridc/REoI cum RFPBio Diversity Wildlife... · The Himachal Pradesh Road and Other Infrastructure

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Expression of Interest (EoI) –cum- Request for Proposal for Consultancy Services

Selection of Biodiversity/Wildlife Expert for World Bank Funded Himachal Pradesh State Roads Transformation Program (HPSRTP)

HIMACHAL PRADESH STATE ROADS TRANSFORMATION PROJECT (HPSRTP)

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LETTER OF INVITATION

Dear Sir/Madam:

Subject: Selection of Biodiversity/Wildlife Expert for World Bank Funded Himachal Pradesh State Roads Transformation Program (HPSRTP)

1. The Himachal Pradesh Road and Other Infrastructure Development Corporation Limited

(HPRIDC) invites the eligible consultants (“Consultants”) to submit technical and financial proposals for selection of Biodiversity/Wildlife Expert for World Bank Funded Himachal Pradesh State Roads Transformation Program (HPSRTP) which could form the basis for future negotiations and ultimately a contract between successful Consultant and the Himachal Pradesh Road and Other Infrastructure Development Corporation Limited (HPRIDC).

2. The purpose of this assignment is to:-

a. To protect and conserve biodiversity & habitats. b. To assess the impacts during construction, post construction of the project roads on

forest, wildlife and wildlife habitat. c. To identify areas of forestry/wildlife –traffic conflict that could create fatal accidents

or loss of wildlife or forest resources during construction & post construction of project roads.

d. To identify areas of wildlife crossings, its species and reason for crossings for each

location need to be explored. e. To workout/evolve modified/improved Cross- Drainage (CD) structures or bridges as

mitigation measures for wildlife crossings. f. To evolve innovative long term and short term road strategies or plans to mitigate/

reduce the forestry/wildlife –traffic conflicts/collisions for a safe road network. g. Prepare road wise concrete proposal with budgetary requirements, unit rate analysis

to integrate into the engineering plans for building or integrating such plans to the contractors work during implementation of the project.

3. The following documents are enclosed to enable you to submit your proposal: (a) Terms of reference (TOR) (Annexure 1);

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(b) Supplementary information for consultants, including a suggested format of curriculum vitae (Annexure 2); and

(c) A sample format of the contract for consultants services under which the service will

be performed (Annexure 3).

4 The Government of Himachal Pradesh through Government of India has applied for

financing from the International Bank for Reconstruction and Development (IBRD) in the form of a “loan” toward the cost of Himachal Pradesh State Roads Transformation Project. The Himachal Pradesh Road and Other Infrastructure Development Corporation Limited, New Himrus Building, Circular Road, Himland, Shimla-171001(H.P), an implementing agency of the Client, intends to apply a portion of the proceeds of this loan to eligible payments under the contract for which this Request for Proposals is issued. Payments by the Bank will be made only at the request of the Chief Engineer-cum-Project Director, Himachal Pradesh State Road and other Infrastructure Development Corporation Limited Nirman Bhawan Nigam Vihar Shimla-171002, and upon approval by the Bank, and will be subject, in all respects, to the terms and conditions of the loan agreement. The loan agreement prohibits a withdrawal from the loan account for the purpose of any payment to persons or entities, or for any import of goods, if such payment or import, to the knowledge of the Bank, is prohibited by a decision of the United Nations Security council taken under Chapter VII of the Charter of the United Nations. No party other than the Borrower shall derive any rights from the loan agreement or have any claims to the proceeds of the loan.

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4. The Submission of Proposals: The proposals shall be submitted in two parts, viz., Technical and Financial and should follow the form given in the "Supplementary Information for Consultants."

5. The "Technical" and "Financial" proposals must be submitted in two separate sealed envelopes (with respective marking in bold letters) following the formats/schedules given in the supplementary information for consultants. The first envelope marked "Technical proposal" should include the description of the firm/organization, the firms general experience in the field of assignment, the qualification and competency of the personnel proposed for the assignment and the proposed work plan methodology and approach in response to suggested terms of reference. The first envelope should not contain any cost information whatsoever. The second envelope marked 'FINANCIAL PROPOSAL' must also be sealed with sealing wax and initialed twice across the seal and should contain the detailed price offer for the consultancy services.

Both the sealed envelopes should again be placed in a sealed cover which will be received in the office of the Chief Engineer-cum-Project Director, State Roads Project, HPRIDC, Nirman Bhawan, Nigam Vihar,Shimla-171002(H.P) upto 15:00 hours on July 25, 2020.

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6. Opening of Proposals:- The Proposals (first envelope containing Technical Proposal only) will be opened by the High Value Committee in the office of the Chief Engineer-cum-Project Director, State Roads Project, HPRIDC, Nirman Bhawan, Nigam Vihar,Shimla-171002(H.P) upto 15:00 hours on July 25, 2020. It may please be noted that the second envelope containing the detailed price offer will not be opened until technical evaluation has been completed and the result approved and notified to all consultants.

7. Evaluation A two-stage procedure will be adopted in evaluating the proposals with the technical evaluation being completed prior to any financial proposals being opened. The technical proposals will be evaluated using the following criteria:-

Criteria Maximum Marks

1. Educational Qualification • As mentioned in the TOR

[10]

2. Work Experience [80] • Total professional experience 10 • Working Experience in the Hilly Region 10 • Working with Central Ministries/State Governments/ Urban Local

Bodies 10

• Working experience with Donor Agencies like World Bank/ ADB etc. 10

• Working as a Biodiversity/Wildlife Expert 20 • Capacity Building and Managerial skills 10 • Experience of Language and Region 10

3. Statement of Interest [10] Total Marks 100

9. Deciding Award of Contract Quality and competence of the consulting service shall be considered as the paramount

requirement. The decision of the award of the contract would be as under:

(a) Technical proposals scoring not less than 70 % of the total marks will only be considered for financial evaluation.

The client shall notify those consultants whose proposals did not meet the minimum

qualifying mark or were considered non-responsive to the Letter of Invitation and Terms of Reference, indicating that their Financial Proposals will be returned unopened after completing the selection process. The Client shall simultaneously notify the consultants that have secured the minimum qualifying mark, indicating the

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date and time set for opening of Financial Proposals. The notification may be sent by registered letter, cable, telex, facsimile, or electronic mail.

(b) The Financial Proposals shall be opened publicly in the presence of the consultants

who choose to attend. The name of the consultant, the quality scores, and the proposed prices shall be read aloud and recorded when the Financial Proposals are opened. The Client shall prepare minutes of the public opening.

(c) The evaluation committee will determine whether the Financial Proposals are

complete [i.e., whether they have costed all items of the corresponding Technical Proposals; if not, the Client will cost them and add their cost to the initial price], correct any computational errors. The evaluation shall exclude local taxes. For the combined evaluation for the present selection process i.e. Least-Cost Selection (LCS), the Client will select the Consultant with the Most Advantageous Proposal, which is the Proposal with the lowest evaluated total price among those Proposals that achieved the minimum qualifying technical score, and invite such a Consultant to negotiate the Contract.

(d) During negotiations the consultant must be prepared to furnish the detailed cost

break-up and other clarifications to the proposals submitted by him, as may be required. If the negotiations with this consultant are successful, the award will be made to him and all other consultants notified. If negotiations fail, and if it is concluded that a contract with reasonable terms cannot be concluded with this consultant, the consultant with second lowest financial proposal will be invited for negotiations. This process will be repeated till an agreed contract is concluded.

10. You are requested to hold your proposal valid for 90 days from the date of submission

during which period you will maintain without change, your proposed price. The Himachal Pradesh State Roads and Other Infrastructure will make its best efforts to select the consultant

11. Assuming that the contract can be satisfactorily concluded in July 25, 2020 you will be expected to take-up/commence with the assignment in August, 2020.

12. Tax Liability

Please note that the remuneration which you receive from this contract will be subject to the

normal tax liability in India. Kindly contact the concerned tax authorities for further information in this regard, if required.

13. We would appreciate if you inform us by Telex/Facsimile:

(a) Your acknowledgment of the receipt of this letter of invitation; and

(b) Whether or not you will be submitting the proposal.

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Yours faithfully, [Er. Ajay Gupta] Chief Engineer-cum-Project Director, State Roads Project, Himachal Pradesh Road and Other Infrastructure Development Corporation Limited, Nirman Bhawan, Nigam Vihar, Shimla-171002 (H.P), Facsimile +91-177-2620663, E-mail [email protected]

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Enclosures: Annexure 1. Terms of Reference. Annexure 2. Supplementary Information to Consultants. Annexure 3. Draft contract under which service will be performed.

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Annexure - 1

TERMS OF REFERENCE

Terms of Reference for Selection of Biodiversity/Wildlife Expert for World Bank Funded Himachal Pradesh State Roads Transformation Program (HPSRTP)

1.Project Background and Context of the Assignment:-

The Government of Himachal Pradesh has successfully completed/implemented the World Bank funded Himachal Pradesh State Roads Project Phase-I (HPSRP-I) and thereafter state has planned through Government of India to implement Himachal Pradesh State Roads Transformation Program (HPSRTP) for the overall economic development of the state. Under this project, State Road Network of 650 Km length is proposed to be upgraded and 1350 Km for periodical maintenance besides other institutional & development activities. Upgradation of 650 Km road length will be carried out in 3 Tranches i.e Tranche-I=130 Km, Tranche-II=220 Km and Tranche-III=300 Km. The various project preparatory studies are being carried simultaneously. The Tranche-I of the project requires Biodiversity Impact Assessment (BIA) study alongwith assessment of forestry and wildlife concerned for the proposed upgradation of 130 Km. Road length. The preliminary studies and consultations held along the proposed Tranche-I roads with various stakeholders indicated that Forestry and Wildlife component as one of the most important concerns /impacts due to implementation of the project. 2. Objectives of Consultancy: - The following are the objectives of this Consultancy Services:-

1. To protect and conserve biodiversity & habitats. 2. To assess the impacts during construction, post construction of the project roads on

forest, wildlife and wildlife habitat. 3. To identify areas of forestry/wildlife –traffic conflict that could create fatal accidents or

loss of wildlife or forest resources during construction & post construction of project roads.

4. To identify areas of wildlife crossings, its species and reason for crossings for each location need to be explored.

5. To workout/evolve modified/improved Cross- Drainage (CD) structures or bridges as mitigation measures for wildlife crossings.

6. To evolve innovative long term and short term road strategies or plans to mitigate/ reduce the forestry/wildlife –traffic conflicts/collisions for a safe road network.

7. Prepare road wise concrete proposal with budgetary requirements, unit rate analysis to

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integrate into the engineering plans for building or integrating such plans to the contractors work during implementation of the project.

3. Scope of Services

The consultant shall undertake the following tasks:

31 Data Collection and Analysis Collection and analysis of the biodiversity (forestry and wildlife) data relating to all PIA (Project Influence Areas) districts of the 128 kms road length prioritized under Tranche-I of HPSRTP as detailed below:-

Table 1: Prioritized Roads under Tranche I of HPSRTP

S.No. Name of Road/Corridor District Length (km)

1 Barotiwala- Baddi -Sai-Ramshahar Solan 45.0

2 Dadhol–Ladrour Bilaspur 14.50

3 Raghunathpura-Mandi-Harpura-Bharari

Bilaspur 3.50

4 Mandi- Rewalsar-Kalkhar Mandi 28.0

5 Nore –Wazir-Bowli Kullu 37.0

Total length of roads under Tranche I 128 Various specific requirements related to this Description of Services are as follows:- (A) Secondary data collection

1. Collection and analysis of all policies (Environmental Policy, Forest Policy, Wildlife Policy etc of State and Central Governments), reports and documents relating to the past and present activities and the proposed forestry and wildlife management directly /indirectly relevant to the State of Himachal Pradesh.

2. World Bank Operational Policies and international good practices in Forestry and Wildlife Management and related issues are to be collected and integrated into the studies.

3. Collection and analysis of the data relating to wildlife -traffic collision/accidents in the whole state.

4. Forest working plans, forest boundary survey sheets etc relevant to each specific road need to be collected and analysed.

5. Collection and listing of baseline biodiversity data on flora and fauna seen along all project roads (128 kms). Baseline survey of plant and animal wealth having agricultural and economic value shall also be conducted.

(B) Primary data generation and consultation

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6. The Consultant’s Bio-diversity (forestry and wildlife) Specialist need to prepare

specific survey formats for all surveys including collection of data during various community consultations and stake holder consultations.

7. Meeting and consultations with all relevant Forest/Wildlife officials and NGOs in the State. All meetings shall be minuted or documented along with digital photographs so as to integrate into the EIA/EMP reports that will have to be prepared for each road.

8. Making adequate site visits for surveys and investigations along the selected project roads as necessary for the completion of the Forestry and Wildlife studies.

9. Method - some primary surveys must be undertaken. This should include as a first step expert interviews of e.g. forest dept staff using a standard questionnaire. Second, interviews of villagers again using a standard questionnaire. Thereafter and having identified some locations or corridors where fauna are more prevalent, interviews with truck/bus drivers and then pug mark/dung surveys must be undertaken as appropriate.

10. Identification of rare and endangered species inhabiting near the project roads. Evaluation of current status and management practices of identified endangered species (flora and fauna) along the project roads. Quantify the impacts due to project roads. Suggestions for their effective and successful conservation and sound management along the project roads.

11. Describe characteristics including breeding and nesting requirements, life cycle features and other etc.

12. Conducting interviews with various stakeholders (local communities, Forest officials etc) of the project along the proposed project roads or in the PIA districts. All such meetings shall be properly documented. Public awareness about benefits and importance of biodiversity and capacity issues shall also be studied.

13. As a part of the studies consultant need to consult WWF, IUCN, MOEF, World Bank, IRC, Forest/Wildlife Research Institute in Dehradun to record their views and to collect necessary relevant secondary data.

(C) Analysis of the collected data and preparation of various plans and drawings 14. Based on the various studies, find out areas of Forestry/wildlife –traffic conflict that

could create fatal accidents or loss of wildlife or forest resources during the construction and post construction scenario of the highways project (of improved or higher standards).

15. A brain storming Workshop will be conducted at Shimla inviting all stakeholders/experts in the Forestry and wildlife sector that has been identified during the course of this study. This workshop will come up with concrete recommendations (long term and short term sectoral (Forest/wildlife sector) and cross sect oral (Forest sector and Road sectoral) plans for the preservation and conservation of forest and wildlife in the State of Himachal Pradesh. Timing of the workshop should be prior to the draft report submission so as to firm up all the study recommendations for the long term healthy existence of these two sectors.

16. Evolve innovative long term and short term road sector strategies or plans to mitigate /minimise or to avoid such collisions thus minimising or avoiding of accidents involving wildlife and human beings.

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17. Identify areas of wildlife crossings, its species, and reason for crossings for each location need to be explored. The scope of using modified/improved Cross-Drainage (CD) structures or bridges as a mitigation measure can be looked in to. If some specific structures for wildlife crossings are required provide all details to design such structures with the help of AutoCAD software already available with the Louis Berger Inc. Group at the Shimla office. This design need to be reviewed and certified. Prepare road wise concrete proposal with budgetary requirements, unit rate analysis so as to integrate in to the engineering plans for building or integrating such plans to the contractors work during the implementation of the project.

18. Prepare road wise concrete proposal with budgetary requirements, unit rate analysis so as to integrate in to the engineering plans for building or integrating such plans to the contractors work during the implementation of the project.

19. Evolve long term action plans to reduce the Forest/ Wildlife-traffic conflicts for a safe road net work without any major loss of human beings or forestry and wildlife resources.

20. List various forestry / tree cutting and other biodiversity related clearances and the procedures to be adopted for obtaining timely clearances from State Forestry and Wildlife departments and also from GOI-MOEF.

21. Recommendations - the report must clearly disaggregate between (i) what the project can/must do with respect to planning/design/construction/operation of roads and within this category (a) general measures for project as a whole and (b) specific measures for particular locations; and (ii) what other measures may be taken outside the RIDC/PWD by other Government of HP departments or Non-Government stakeholders.

4 Report preparation and Submission The Bio-Diversity Specialist. will prepare and submit the following during the currency of its services. 22. Submission of three copies of draft and six copies of final Inception Report for 128 kms

of roads. 23. Submission of three copies of draft and six copies of final Bio-diversity Assessment

Report along with Mitigation Plan for 128 kms of roads.

All analysis will be primarily focusing on the 7 km X 7 km strip of land from the existing centre line of the road according to the MOEF guidelines. A map relating to this purpose shall be prepared and used for the study and analysis using the Survey of India (SOI) sheets (Topo sheets). Based on the initial assessment, a methodology has been proposed as provided in the Attachment-1 and Attachment -2 i.e. ESS-6 of Environmental and Social Standards (ESS) of World Bank . The Bio-diversity Specialist shall review this and modify to deliver the quality output. All documents, digital photographs and data collected in original will be part of the project documents and should be transferred to the Client. The Environmental Management Specialist (EMS) engaged by HPRIDC will be assisting (and responsible) the Bio-diversity Specialist for over all coordination and verifying of the various

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proposals suggested by the Specialist. M/s Satra Infrastructure Management Services Private Limited, Secundrabad shall assist and provide necessary support to Bio-diversity Specialist for preparation of mitigation plans, other drawings, various reports and documents which are to be submitted to the Client. 5. Deliverables & Outputs

The consultant is expected to provide the following outputs, as per the schedule given:- Item No Due date

(1) Draft Inception Report 3 2 weeks from Start Date (2) Final Inception Report 6 4 weeks from Start Date

(2) Draft Bio-diversity Assessment Report including specific impact mitigation measures and plans

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3 months from Start Date

(3) Stakeholders Workshop 1 Immediate after submission of draft report

(4) Presentation to the Client: Recommendations on Bio-diversity Assessment Report.

1 3 months from Start Date

(5) Final Bio-diversity Assessment Report including specific impact mitigation measures and plans


(6) Presentation to the Client: Recommendations on Bio-diversity Assessment Report

1 Immediate after submission of final report

(7) Wrap up workshop 1 6 months from Start Date The Consultant shall also deliver two soft copies to the Client. All data collected as part of this study shall, wherever applicable, be entered by the consultant into the PWD’s electronic road information system.

6.Qualification and Experience:-

Biodiversity Expert shall have (a) Master's degree or equivalent in environmental science, bio-diversity, natural resources, forestry/ wildlife/ aquatic life etc. (b) At least 10 years of experience on biodiversity aspects of environmental assessment and/or environmental management of development projects including road and bridge projects. (c) Experience of preparing bio-diversity assessment, bio-diversity management plan, environmental assessments and environmental management plans, including for two or more World Bank or other donor funded projects. Full knowledge of the World Bank’s OP on natural habitat, forest, and environmental assessment as well as countries requirements related bio-diversity, natural habitat, forest, wildlife/ aquatic life etc.

8. Duration of Assignment:-The duration of assignment shall be initially for about SIX months for Tranche I roads, commencing from August 2020 and same is likely to be extended with additional months for Tranche-II and III roads, if required later.

8.Payment Schedule:-

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Payment shall be made according to the following schedule:-

(a) Ten (10) percent of the lump-sum amount of Contract amount shall be paid on the submission of Draft Inception Report for 128 km roads.

(b) Ten (10) percent of the lump-sum amount of Contract amount shall be paid on the submission of Final Inception Report for 128 km roads.

(c) Twenty Five (25) percent of the lump-sum amount of Contract amount shall be paid on the submission of Draft Bio-diversity Assessment Report including specific impact mitigation measures for 128 km roads.

(d) Fifteen (15) percent of lump-sum amount of Contract amount on completion of Stakeholders Workshop.

(e) Twenty Five (25) percent of the lump-sum amount of Contract amount shall be paid on the submission and approval of Final Bio-diversity Assessment Report including specific impact mitigation measures and plans for 128 km roads.

(f) Fifteen (15) percent of lump-sum amount of Contract amount shall be paid on completion of Wrap-up Workshop.

Note: All outputs will be deemed accepted if no written comments are given within 21 days by the Client.

9. Review of Reports:-

The reports will be reviewed by the committee which may include:- 1. Engineer-in-Chief (Projects), HPPWD, Nirman Bhawan, Nigam

Vihar, Shimla-171002 Chairman

2. Chief Engineer-cum-Project Director, State Roads Project Transformation Project, HPRIDC, Nirman Bhawan, Nigam Vihar, Shimla-171002

Member

3. Superintending Engineer (Planning & Design) State Roads Project Transformation Project, HPRIDC, Nirman Bhawan, Nigam Vihar, Shimla-171002

Member

4. Executive Engineer, State Roads Project Transformation Project, HPRIDC, Nirman Bhawan, Nigam Vihar, Shimla-171002

Member

5. Joint Controller, HPRIDC, Nirman Bhawan, Nigam Vihar, Shimla-171002

Member

6. Nodal Officer Environment/Social Development Officer/Nodal Officer IT/Representative from Transport Department(as applicable)

Member

The Review Committee will review the reports submitted by the Consultant, give suggestions and modifications, if any, within three weeks of receipt and would be sole authority to approve the reports. Review Committee may also hold meetings with the Consultant as necessary to discuss

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reports submitted and review the progress etc. The World Bank will also review the draft reports. The views and observations will be incorporated in the final reports.

Attachment - 1 Guidelines for Biodiversity Impact Assessment

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Need for Forestry and Wildlife Survey Detailed ecological studies are the fundamental requirements of any EIA studies. In this project both MOEF as well as World Bank require studies on the potentially affected wildlife habitat areas. Various surveys will determine what (if any) impacts the Project will have on Forest, wildlife and wildlife habitat and will determine the strategies and measures to address forestry and wild life concerns in the project. Areas that support a variety of Forestry and Wildlife are typically areas of high biodiversity. These areas are important storehouses of genetic materials having vital potential significance for meeting medium and long-term food and medicinal needs of humankind. Preservation of biodiversity in general, and of wildlife and their diverse natural habitats in particular, is currently a major global concern. The causes of habitat loss, however, (and therefore, the potential solutions to its preservation) are often local in nature. Thus there is a need to incorporate biodiversity (largely Forestry and wildlife issues) concerns into the planning and design of development projects, particularly infrastructure engineering projects, located in environmentally sensitive and biodiversity rich areas.

Forestry and Wildlife Impact Concerns on Road Sector Projects Road development projects can be a significant factor in the overall reduction of biodiversity. Integrating Forests and wildlife concerns into project planning at an early stage can assist in limiting the adverse impacts of road development on wildlife and wildlife habitat. Road development projects may result in adverse biological consequences of two types, viz. direct or indirect. The impacts may be of short or long duration and reversible or irreversible. 'Direct Impacts' are those that destroy, displace or in some way adversely affect the plants and animals themselves. Typical direct impacts include:

ü Habitat loss; ü Habitat fragmentation; ü Corridor restrictions and increased animal mortality due to collision with

road vehicles; and ü Aquatic habitat damage.

'Indirect Impacts' are those that destroy or disrupt habitats, ecosystems or other physical or biological factors upon which a species depends. Commonly encountered indirect impacts of road operations are:

ü Habitat degradation resulting from increased human access to wildlife habitats;

ü Habitat degradation due to altered hydrology; ü Ecological dis-equilibrium and ecosystem simplification; ü Biota contamination; and ü Transmission of diseases.

Short-term impacts relate to immediate and direct changes that occur at the project inception or are caused by a specific project activity, but are corrected soon after completion of the project or termination of activity. Long-term impacts result from either major direct changes or chronic perturbations arising from the operational phase of a completed project.

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Different ecosystems and ecosystem components have varying degrees of resilience and/or sensitivity to external interventions such as those induced by road operations and are thus likely to experience varying degrees of impact severity.

TYPES OF IMPACTS TO BE ADDRESSED Direct Impacts

Habitat Loss Other than for some short realignments, and approach roads to the new bridges all construction activities on the Project will be mostly confined to existing ROW; therefore, there will be no net loss of land due to construction of the road itself. There will not be any opening of borrow areas. In fact the road widening is to generate excess materials that will have to be disposed off in pre identified areas. It is necessary to look at any use of such debris generated from the road side forest areas is useful for the improvement of the ecological resources in one or more areas near to the project roads. Wildlife habitat loss can be minimized by rehabilitation of borrow pits and quarries after use if such cases arise. In fact, careful planning and rehabilitation of borrow areas can actually enhance habitat quality in some ecosystems. Habitat Fragmentation Most natural habitat ecosystems are characterized by complex, interdependent relationships between component species and their physical environment. These ecosystems generally are self-containing and self-maintaining. The integrity of an ecosystem relies on maintenance of its natural inter-component nutrient and energy interactions. When roads traverse through natural habitat areas, the ecological sum of two parts created by the severance is frequently less than the value of the initial whole. Habitat fragmentation caused by roads may negatively affect the stability and health of the ecosystems. Other than few realignments and approach roads to bridges no new roads will be constructed in this Project; however, the speed and volume of traffic is expected to increase as a result of the project, and these impacts must be addressed.

Corridor Restriction Impacts Most wild animal species tend to follow established patterns in their daily and seasonal movements. The areas through which they travel from feeding, breeding and birthing grounds and their seasonal ranges are known as 'corridors'. When a road intersects or blocks a wildlife corridor, the result can be:

• Cessation of the use of the corridor because animals are reluctant to cross the road; or

• Delay in migration which may result in weakening or disappearance of an entire generation of population of the affected species; or

• Increased mortality because of collisions with road vehicles. Corridor restriction impacts are likely to exhibit considerable variation across faunal species. Provision of grade-separated animal crossings at carefully selected locations can significantly ameliorate corridor restriction impacts of road operations and reduce vulnerability of wild animals to collisions with road vehicles. For low traffic-volume roads, speed restrictions and provision of speed breakers can significantly reduce collision mortality rates.

Aquatic Habitat Damage

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Road development may have serious negative consequences for aquatic ecosystems. This may happen in a number of ways:

• Erosion from poorly constructed and rehabilitated sites can lead to downstream siltation and ruining of spawning beds for fish;

• Constriction of flow at water crossings may increase the velocity negatively for some aquatic species;

• Rechannelling of waterways may result in loss of eddies, shaded areas and turbulence essential for the health and existence of many aquatic species;

• In areas where streams are dry for part of the year but are active fish spawning waters during monsoon season, inappropriate culvert designs may result in blockages or restrictions to fish migration.

Indirect Impacts In many cases, indirect impacts of roads passing through or near environmentally sensitive and biodiversity rich areas are observed to be more damaging than direct impacts. Some commonly encountered indirect impacts are the following:

Accessibility Increased human interventions facilitated by roads passing through or near environmentally sensitive or biodiversity rich areas, can have serious negative consequences for wild flora and fauna. Common ecologically damaging human activities can be: recreation, poaching, tourism, logging, mining and establishment of human settlements. Indiscriminate habitat destruction appears to be a common outcome of improved road access, particularly in areas having weak environmental laws or inadequate capacity to enforce existing legal provisions.

Habitat Degradation due to Altered Micro-Hydrological Regime This is perhaps the most frequent impact of roads located in hilly and rolling terrain. Cutting through the hills or locating the road on a high embankment for reasons of alignment geometries tends to significantly affect micro-hydrological regimes to the disadvantage of wild faunal species, particularly during the water-deficit summer months. In many cases affected animals are compelled to leave their natural habitat, resulting in enhanced vulnerability to vehicular collisions and poaching. It may be possible to mitigate such impacts by simple watershed engineering techniques that can significantly enhance habitat quality and thus minimize 'road use versus animal rights' conflicts.

Ecological Disequilibrium and Ecosystem Simplification Non-native species planted along the road ROW may gain a competitive advantage over many native species because of lack of natural controls and may thus become dominant. This in turn may significantly restrict availability of food for a wide range of animal species, resulting in irreversible adverse consequences for a number of animal species. The end result is usually a simplified ecosystem that is more vulnerable to further impacts.

Biota Contamination

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Motor vehicles introduce the potential for contamination of air, water and soils adjacent to the road. Due to bioaccumulation of pollutants, chronic contamination can become a serious problem for animal species, especially those at the top of the food chain if they feed or drink from these roadside areas.

Transmission of Diseases Road corridors through wildlife habitats can become effective vectors for the spread of diseases, which can have marked negative impacts on populations of plant and animal species.

Debris disposal Debris disposal will be an important issue during the construction phase. Considerable debris will be generated during the construction period. This requires areas for safe disposal without any major environmental and social impacts.

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Attachment -2

ESS-6 of Environmental and Social Standards (ESS) of World Bank

(Attached Separately)

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Annexure - 2 SUPPLEMENTARY INFORMATION FOR CONSULTANTS Proposals 1. Proposals should include the following information: (a) Technical Proposals (F-1) (i) Curriculum Vitae of Consultant (F-2). (ii) An outline of recent experience on assignments/ projects of similar nature

executed during the last seven years in the format given in Form F-3. (iii) Any comments or suggestions of the Consultant on the Terms of Reference

(TOR). (iv) A description of the manner in which Consultant would plan to execute the

work. Work plan time schedule in Form F-4 and approach or methodology proposed for carrying out the required work.

(v) The Consultant's comments, if any, on the data, services and facilities to be

provided by the client indicated in the Terms of Reference (TOR). (b) Financial Proposals

The financial proposals should include the Schedule of Price Bid in Form F - 5. 2. Three copies (One Original+ Two Copies) of the proposals should be submitted to

the Chief Engineer-cum-Project Director, State Roads Project, Himachal Pradesh State Roads and other Infrastructure Development Ltd., Nirman Bhawan , Nigam Vihar Shimla 171002.

3. Contract Negotiations The aim of the negotiations is to reach an agreement on all points with the consultant

and initial a draft contract by the conclusion of negotiations. Negotiations commence with a discussion of Consultant's proposal, the proposed work plan, and any suggestions you may have made to improve the Terms of Reference. Agreement will then be reached on the final Terms of Reference ,and the bar chart, which will indicate periods in months and reporting schedule. Based on this, adjustments necessary will be discussed and agreed.

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4. Terms of Payment * The mode of payments to be made in consideration of the work to be performed by the

Consultant shall be as follows:

(a) Ten (10) percent of the lump-sum amount of Contract amount shall be paid on the submission of Draft Inception Report for 128 km roads.

(b) Ten (10) percent of the lump-sum amount of Contract amount shall be paid on the submission of Final Inception Report for 128 km roads.

(c) Twenty Five (25) percent of the lump-sum amount of Contract amount shall be paid on the submission of Draft Bio-diversity Assessment Report including specific impact mitigation measures for 128 km roads.

(d) Fifteen (15) percent of lump-sum amount of Contract amount on completion of Stakeholders Workshop.

(e) Twenty Five (25) percent of the lump-sum amount of Contract amount shall be paid on the submission and approval of Final Bio-diversity Assessment Report including specific impact mitigation measures and plans for 128 km roads.

(f) Fifteen (15) percent of lump-sum amount of Contract amount shall be paid on completion of Wrap-up Workshop.

Note: All payments shall be made on submission of pre-receipted bills by the Consultant in

duplicate for respective stages. * Modify as appropriate for each case 5. Review of Reports

The reports will be reviewed by the committee which may include:-

1. Engineer-in-Chief (Projects), HPPWD, Nirman Bhawan, Nigam Vihar, Shimla-171002

Chairman

2. Chief Engineer-cum-Project Director, State Roads Project Transformation Project, HPRIDC, Nirman Bhawan, Nigam Vihar, Shimla-171002

Member

3. Superintending Engineer (Planning & Design) State Roads Project Transformation Project, HPRIDC, Nirman Bhawan, Nigam Vihar, Shimla-171002

Member

4. Executive Engineer, State Roads Project Transformation Project, HPRIDC, Nirman Bhawan, Nigam Vihar, Shimla-171002

Member

5. Joint Controller, HPRIDC, Nirman Bhawan, Nigam Vihar, Shimla-171002

Member

6. Nodal Officer Environment/Social Development Officer/Nodal Officer IT/Representative from Transport Department(as applicable)

Member

FORM NO.F-1

22

Technical Proposal Submission Form

From To Chief Engineer-cum-Project Director, State Roads Project, Himachal Pradesh Road and Other Infrastructure Development Corporation Limited, Nirman Bhawan, Nigam Vihar, Shimla-171002 (H.P),

I, the undersigned, offer to provide the consulting services for [Insert title of assignment] in accordance with your Request for Proposals(RFP) dated [Insert Date] and our Proposal. [Select appropriate wording depending on the selection method stated in the RFP: “I am hereby submitting my Proposal, which includes this Technical Proposal and a Financial Proposal sealed in a separate envelope” or, if only a Technical Proposal is invited “I am hereby submitting my Proposal, which includes this Technical Proposal only in a sealed envelope.”].

I hereby declare that:

a) All the information and statements made in this Proposal are true and I accept that any misinterpretation or misrepresentation contained in this Proposal may lead to my disqualification by the Client and/or may be sanctioned by the World Bank.

(b) My Proposal shall be valid and remain binding upon me until 90 days from the date of submission.

(c) I have no conflict of interest.

(d) I meet the eligibility requirements and I confirm my understanding of our obligation to abide by the Bank’s policy in regard to Fraud and Corruption (Attached as Annexure-X).

(e) We, along with any of our sub-consultants, sub-contractors, suppliers, or service providers for any part of the contract, are not subject to, and not controlled by any entity or individual that is subject to, a temporary suspension or a debarment imposed by the World Bank Group or a debarment imposed by the World Bank Group in accordance with the Agreement for Mutual Enforcement of Debarment Decisions between the World Bank and other development banks. Further, we are not ineligible under the Client’s country laws or official regulations or pursuant to a decision of the United Nations Security Council;

23

(f) In competing for (and, if the award is made to me, in executing) the Contract, I undertake to observe the laws against fraud and corruption, including bribery, in force in the India.

(g) My Proposal is binding upon us and subject to any modifications resulting from the Contract negotiations.

I undertake, if my Proposal is accepted and the Contract is signed, to initiate the Services related to the assignment no later than the date indicated in letter of Invitation.

I understand that the Client is not bound to accept any Proposal that the Client receives.

I remain,

Yours sincerely,

_________________________________________________________________ Signature {In full and initials}:

Full name: Address: Phone/fax: Email:

24

Sm.Assign/Individual (LS) 24

Annexure-X

Fraud and Corruption

1. Purpose

1.1 The Bank’s Anti-Corruption Guidelines and this annex apply with respect to procurement under Bank Investment Project Financing operations.

2. Requirements

2.1 The Bank requires that Borrowers (including beneficiaries of Bank financing); bidders (applicants/proposers), consultants, contractors and suppliers; any sub-contractors, sub-consultants, service providers or suppliers; any agents (whether declared or not); and any of their personnel, observe the highest standard of ethics during the procurement process, selection and contract execution of Bank-financed contracts, and refrain from Fraud and Corruption.

2.2 To this end, the Bank:

a. Defines, for the purposes of this provision, the terms set forth below as follows:

i. “corrupt practice” is the offering, giving, receiving, or soliciting, directly or indirectly, of anything of value to influence improperly the actions of another party;

ii. “fraudulent practice” is any act or omission, including misrepresentation, that knowingly or recklessly misleads, or attempts to mislead, a party to obtain financial or other benefit or to avoid an obligation;

iii. “collusive practice” is an arrangement between two or more parties designed to achieve an improper purpose, including to influence improperly the actions of another party;

iv. “coercive practice” is impairing or harming, or threatening to impair or harm, directly or indirectly, any party or the property of the party to influence improperly the actions of a party;

v. “obstructive practice” is:

(a) deliberately destroying, falsifying, altering, or concealing of evidence material to the investigation or making false statements to investigators in order to materially impede a Bank investigation into allegations of a corrupt, fraudulent, coercive, or collusive practice; and/or threatening, harassing, or intimidating any party to prevent it from disclosing its knowledge of matters relevant to the investigation or from pursuing the investigation; or

(b) acts intended to materially impede the exercise of the Bank’s inspection and audit rights provided for under paragraph 2.2 e. below.

b. Rejects a proposal for award if the Bank determines that the firm or individual recommended for award, any of its personnel, or its agents, or its sub-consultants, sub-contractors, service providers, suppliers and/ or their employees, has, directly or indirectly,

25

engaged in corrupt, fraudulent, collusive, coercive, or obstructive practices in competing for the contract in question;

c. In addition to the legal remedies set out in the relevant Legal Agreement, may take other appropriate actions, including declaring misprocurement, if the Bank determines at any time that representatives of the Borrower or of a recipient of any part of the proceeds of the loan engaged in corrupt, fraudulent, collusive, coercive, or obstructive practices during the procurement process, selection and/or execution of the contract in question, without the Borrower having taken timely and appropriate action satisfactory to the Bank to address such practices when they occur, including by failing to inform the Bank in a timely manner at the time they knew of the practices;

d. Pursuant to the Bank’s Anti- Corruption Guidelines and in accordance with the Bank’s prevailing sanctions policies and procedures, may sanction a firm or individual, either indefinitely or for a stated period of time, including by publicly declaring such firm or individual ineligible (i) to be awarded or otherwise benefit from a Bank-financed contract, financially or in any other manner;1 (ii) to be a nominated2 sub-contractor, consultant, manufacturer or supplier, or service provider of an otherwise eligible firm being awarded a Bank-financed contract; and (iii) to receive the proceeds of any loan made by the Bank or otherwise to participate further in the preparation or implementation of any Bank-financed project;

Requires that a clause be included in bidding/request for proposals documents and in contracts financed by a Bank loan, requiring (i) bidders (applicants/proposers),, consultants, contractors, and suppliers, and their sub-contractors, sub-consultants, service providers, suppliers, agents personnel, permit the Bank to inspect3 all accounts, records and other documents relating to the procurement process, selection and/or contract execution, and to have them audited by auditors appointed by the Bank.

1 For the avoidance of doubt, a sanctioned party’s ineligibility to be awarded a contract shall include, without

limitation, (i) applying for pre-qualification, expressing interest in a consultancy, and bidding, either directly or as a nominated sub-contractor, nominated consultant, nominated manufacturer or supplier, or nominated service provider, in respect of such contract, and (ii) entering into an addendum or amendment introducing a material modification to any existing contract.

2 A nominated sub-contractor, nominated consultant, nominated manufacturer or supplier, or nominated service provider (different names are used depending on the particular bidding document) is one which has been: (i) included by the bidder in its pre-qualification application or bid because it brings specific and critical experience and know-how that allow the bidder to meet the qualification requirements for the particular bid; or (ii) appointed by the Borrower.

3 Inspections in this context usually are investigative (i.e., forensic) in nature. They involve fact-finding activities undertaken by the Bank or persons appointed by the Bank to address specific matters related to investigations/audits, such as evaluating the veracity of an allegation of possible Fraud and Corruption, through the appropriate mechanisms. Such activity includes but is not limited to: accessing and examining a firm's or individual's financial records and information, and making copies thereof as relevant; accessing and examining any other documents, data and information (whether in hard copy or electronic format) deemed relevant for the investigation/audit, and making copies thereof as relevant; interviewing staff and other relevant individuals; performing physical inspections and site visits; and obtaining third party verification of information.

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FORM F-2

FORMAT OF CURRICULUM VITAE (CV) FOR CONSULTANT

Name of Expert Post Applied For Sex (Male / Female) Date of Birth PAN Number Address for Communication Key Qualification Total Experience Statement of some of the major Environmental assignments undertaken Sr. No. Client/Organization Designation Project Name Key Task

performed Duration

A Experience in the Region (Hilly Region) 1 2 3 4 5 B Working with Central Ministries/State Governments/ Urban Local Bodies) 1 2 3 4 5 C Working Experience with Donor Agencies like World Bank/ADB etc.) 1 2 3 4 5 D Working as a Biodiversity/Wildlife Expert

1 2 3 4 5 E Capacity Building and Managerial skills 1 2 3 F Experience of Language and Region

27

Statement of Interest (minimum 1 Page)

Certification: I, the undersigned, certify that to the best of my knowledge and belief, these data correctly describe me, my qualifications, and my experience. Date: [Signature of Consultant] Day/Month/Year Full name of Consultant:______________________________________

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FORM F-3

ASSIGNMENTS OF SIMILAR NATURE SUCCESSFULLY COMPLETED DURING LAST 7 YEARS Outline of recent experience on assignments of similar nature: Sl.No. Name of

assign-ment

Name of project

Owner or sponsoring authority

Cost of assign-ment

Date of commencement

Date of completion

Was assign-ment satisfac-torily completed

1 2 3 4 5 6 7 8 Note: Please attach certificates from the employer by way of documentary proof. (Issued by the

Officer of rank not below the rank of Superintending Engineer or equivalent.)

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FORM F-4 WORK PLAN TIME SCHEDULE A. Field Investigation Sl. Item Monthwise Program No. 1st 2nd 3rd 4th 5th 6th B. Compilation and submission of reports

Item No Due date (1) Draft Inception Report 3 2 weeks from Start Date (2) Final Inception Report 6 4 weeks from Start Date


3

3 months from Start Date

(3) Stakeholders Workshop 1 Immediate after submission of draft report






1 Immediate after submission of final report

(7) Wrap up workshop 1 6 months from Start Date C. A short note on the line of approach and methodology outlining various steps for

performing the assignment. D. Comments or suggestions on "Terms of Reference."

30

FORM F-5 SCHEDULE OF PRICE BID ___________________________________________________________________________________ ITEMS AMOUNT In figures In words ___________________________________________________________________________________ 1. Consulting services for

________________

________________

2. Consultancy Services

Applicable Taxes i.e. GST etc.

Signature of Consultant

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FORM F-6 Break-up of Cost Estimates Remuneration Consultant Name Daily (Monthly) Rate Working Days Total Cost (in currency) (Months) (in currency) -------------------- -------------------------- ---------------- ------------ Sub-Total (Remuneration) _________ Out-of-Pocket Expenses: a) Per Diem:1 Room Subsistence Total Days Cost _________ _____ ____ _________ b) Air fare: _________ c) Lump Sum Miscellaneous Expenses2 : _________ Sub-Total (Out-of-Pocket) _________ Contingency Charges: _________ Total _________ Applicable Taxes i.e. GST etc. for Consultancy _________

@ ………….%

1 Per Diem is fixed per calendar day and need not be supported by receipts. 2 To include reporting costs, visa, inoculations, routine medical examination, minor surface transportation and communications expenses, porterage fees, in-and-out expenses, airport taxes, and such other travel related expenses as may be necessary.

32

Consulting Services Draft Letter of Contract for Small Assignments by Individual Consultants

Subject: Selection of Biodiversity/Wildlife Expert for World Bank Funded Himachal PradeshState Roads Transformation Program (HPSRTP)

(Name of Consultant) I herewith confirm your consulting appointment to carry out the above-mentioned assignment specified in the attached Terms of Reference. For administrative purposes Chief Engineer-cum-Project Director, SRP, HPRIDC has been assigned to administer the assignment and to provide the Consultant with all relevant information needed to carry out the assignment. The services will be required in (Name of Project) for about 180/6 days/months, during the period from August, 2020 to January, 2020. These dates are estimates and HPRIDC may find it necessary to postpone or cancel the assignment and/or shorten or extend its duration. However, every effort will be made to give you, as early as possible, notice of any such changes. In the event of termination, the (Name of Consultants) shall be paid for the services rendered for carrying out the assignment to the date of termination, and will provide the (Name of Borrower) with any reports or parts thereof, or any other information and documentation gathered under this Contract prior to the date of termination. This Contract, its meaning and interpretation and the relations between the parties shall be governed by the laws of the Union of India. Set out below are the terms and conditions under which you have agreed to carry out the assignment. The services to be performed, the estimated time to be spent, and the reports to be submitted will be in accordance with the attached Terms of Reference. This Contract will become effective upon confirmation of this letter by you and will terminate on ___________________, or such other date as mutually agreed. You will be paid as follows, within 30 days of receipt of invoice a fee of:

Payment Milestone

Amount Currency (INR)

(1) Draft Inception Report (2) Final Inception Report


(3) Stakeholders Workshop

33




(7) Wrap up workshop The above fee includes all the costs related to carrying out the services, including overhead and any taxes. You will be responsible for appropriate insurance coverage. In this regard, you shall maintain medical, travel, accident and third-party liability. You shall indemnify and hold harmless, the (Name of Client) against any and all claims, demands, and/or judgements of any nature brought against the (Name of Client) arising out of the services under this Contract. The obligation under this paragraph shall survive the termination of this Contract. All materials produced or acquired under the terms of this Contract written, graphic, film, magnetic tape or otherwise shall remain the property of the (Name of Client). The (Name of Client) retains the exclusive right to publish or disseminate reports arising from such materials. The rights and duties provided for in this paragraph shall continue, notwithstanding the termination of this Contract or the execution of it's other provisions. You will carry out the assignment in accordance with the highest standard of professional and ethical competence and integrity, having due regard to the nature and purpose of the assignment, and will conduct yourself in a manner consistent herewith. You will not assign this Contract or sub-contract or any portion of it without the Client’s prior written consent. You should agree that, during the term of this Contract and after its termination, you and any entity affiliated with you, shall be disqualified from providing goods, works or services (other than the Services and any continuation thereof) for any project resulting from or closely related to the Services. You shall pay the taxes, duties fees, levies and other impositions levied under the Applicable law and the Client shall perform such duties, in regard to the deduction of such tax, as may be lawfully imposed. You will also agree that all knowledge and information not within the public domain which may be acquired during the carrying out of this Contract, shall be, for all time and for all purpose, regarded as strictly confidential and held in confidence, and shall not be directly or indirectly disclosed to any person whatsoever, except with the (Name of Client) written permission.

34

Any dispute arising out of the Contract, which cannot be amicably settled between the parties, shall be referred to adjudication/arbitration in accordance with Arbitration & Conciliation Act 1996 and its subsequent amendments. Read and Agreed: Place: (Signature & Name of Consultant) Date: (Signature & Name of Client's Representative) Attachment: (i)Terms of Reference and Scope of Services; and (ii) Consultant’s Reporting Obligations

67

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introduction

1 . ESS6 recognizes that protecting and conserving biodiversity and sustainably managing living natural resources are fun-damental to sustainable development . Biodiversity is defined as the variability among living organisms from all sources including, inter alia, terrestrial, marine and other aquatic ecosystems and the ecologi-cal complexes of which they are a part; this includes diversity within species, between species, and of ecosystems . Biodiversity often underpins ecosystem services valued by humans . Impacts on biodiversity can therefore often adversely affect the deliv-ery of ecosystem services .1

1 Requirements related to ecosystem services are set out in ESS1 .

2 . ESS6 recognizes the importance of maintaining core ecological functions of habitats, including for-ests, and the biodiversity they support . Habitat is defined as a terrestrial, freshwater, or marine geo-graphical unit or airway that supports assemblages of living organisms and their interactions with the nonliving environment . All habitats support com-plexities of living organisms and vary in terms of species diversity, abundance and importance .

3 . This ESS also addresses sustainable manage-ment of primary production2 and harvesting3 of living natural resources .

4 . ESS6 recognizes the need to consider the live-lihood of project-affected parties, including Indigenous Peoples, whose access to, or use of, bio-diversity or living natural resources may be affected by a project . The potential, positive role of project-affected parties, including Indigenous Peoples, in biodiversity conservation and sustainable manage-ment of living natural resources is also considered .

objectives

• To protect and conserve biodiversity and habitats .

• To apply the mitigation hierarchy4 and the pre-cautionary approach in the design and imple-mentation of projects that could have an impact on biodiversity .

• To promote the sustainable management of liv-ing natural resources .

• To support livelihoods of local communities, including Indigenous Peoples, and inclusive economic development, through the adoption of

2 Primary production of living natural resources is cultivation or rearing of plants or animals, including annual and perennial crop farming, animal husbandry (including livestock), aquaculture, plantation forestry, etc .3 Harvesting of living natural resources, such as fish and all other types of aquatic and terrestrial organisms and timber, refers to productive activities that include extraction of these resources from natural and modified ecosystems and habitats . 4 As set out in ESS1 .

biodiversity Conservation and sustainable management of living natural resources

6

1707130_Environmental_and_Social_Framework.indd 67 5/25/17 8:35 AM

user

Sticky Note

Attachment-2: ESS-6

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practices that integrate conservation needs and development priorities .

Scope of application

5 . The applicability of this ESS is established during the environmental and social assessment described in ESS1 .

6 . Based on the environmental and social assess-ment, the requirements of this ESS are applied to all projects that potentially affect biodiversity or habitats, either positively or negatively, directly or indirectly, or that depend upon biodiversity for their success .

7 . This ESS also applies to projects that involve pri-mary production and/or harvesting of living natural resources .

requirements

a. General8 . The environmental and social assessment as set out in ESS1 will consider direct, indirect and cumu-lative project-related impacts on habitats and the biodiversity they support . This assessment will con-sider threats to biodiversity, for example habitat loss, degradation and fragmentation, invasive alien species, overexploitation, hydrological changes, nutrient loading, pollution and incidental take, as well as projected climate change impacts . It will determine the significance of biodiversity or habi-tats based on their vulnerability and irreplaceability at a global, regional or national level and will also take into account the differing values attached to biodiversity and habitats by project-affected parties and other interested parties .

9 . The Borrower will avoid adverse impacts on bio-diversity and habitats . When avoidance of adverse impacts is not possible, the Borrower will implement measures to minimize adverse impacts and restore biodiversity in accordance with the mitigation hier-archy provided in ESS1 and with the requirements of this ESS . The Borrower will ensure that competent biodiversity expertise is utilized to conduct the envi-ronmental and social assessment and the verifica-tion of the effectiveness and feasibility of mitigation measures . Where significant risks and adverse impacts on biodiversity have been identified, the Borrower will develop and implement a Biodiversity Management Plan .5

5 Depending on the nature and the scale of the risks and impacts of the project, the Biodiversity Management Plan may be a stand-alone document or it may be included as part of the ESCP pre-pared under ESS1 .

Assessment of risks and impacts10 . Through the environmental and social assess-ment, the Borrower will identify the potential project- related risks to and impacts on habitats and the biodiversity that they support . In accordance with the mitigation hierarchy, the Borrower will make the initial assessment of project risks and impacts without taking into account the possibility of bio-diversity offsets .6 The assessment undertaken by the Borrower will include identification of the types of habitats potentially affected and consideration of potential risks to and impacts on the ecological function of the habitats . The assessment will encom-pass any areas of potential biodiversity importance that may be affected by the project, whether or not they are protected under national law . The extent of the assessment will be proportionate to the risks and impacts, based on their likelihood, significance and severity, and will reflect the concerns of project-affected parties and other interested parties .

11 . The Borrower’s assessment will include charac-terization of baseline conditions to a degree that is proportional and specific to the anticipated risk and significance of impacts . In planning and undertak-ing environmental and social assessment related to the biodiversity baseline, the Borrower will follow relevant GIIP utilizing desktop review, consultation with experts, and field-based approaches, as appro-priate . Where further investigations are needed to evaluate the significance of potential impacts, the Borrower will carry out additional investigation and/or monitoring before undertaking any project-related activities, and before taking irrevocable decisions about project design that could cause significant adverse impacts to potentially affected habitats and the biodiversity that they support .

12 . Where the environmental and social assessment has identified potential risks and impacts on biodi-versity or habitats, the Borrower will manage those risks and impacts in accordance with the mitiga-tion hierarchy and GIIP . The Borrower will adopt a precautionary approach and apply adaptive man-agement practices in which the implementation of mitigation and management measures are respon-sive to changing conditions and the results of proj-ect monitoring .

6 Biodiversity offsets are measurable conservation outcomes resulting from actions designed to compensate for significant residual adverse biodiversity impacts arising from project devel-opment and persisting after appropriate avoidance, minimization and restoration measures have been taken . Therefore, potential offsets should not be considered in determining inherent risks of the project .


69

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Conservation of biodiversity and habitats13 . “Habitat” is defined as a terrestrial, freshwater, or marine geographical unit or airway that supports assemblages of living organisms and their interac-tions with the nonliving environment . Habitats vary in their significance for conserving globally, region-ally and nationally important biodiversity, their sen-sitivity to impacts, and in the significance different stakeholders attribute to them . Because, in most instances, habitat loss, degradation or fragmenta-tion represents the greatest threat to biodiversity, much of the focus of biodiversity conservation actions is on maintaining or restoring suitable habitats .

14 . This ESS requires a differentiated risk manage-ment approach to habitats based on their sensitivity and values . This ESS addresses all habitats, catego-rized as ‘modified habitat’, ‘natural habitat’, and ‘critical habitat’, along with ‘legally protected and internationally and regionally recognized areas of biodiversity value’ which may encompass habitat in any or all of these categories .

15 . For the protection and conservation of habitats and the biodiversity they support, the mitigation hierarchy includes biodiversity offsets . Offsets will be considered as a last resort, only if significant residual adverse impacts remain after all technically and financially feasible avoidance, minimization, and restoration measures have been considered .

16 . A biodiversity offset will be designed and imple-mented to achieve measurable, additional, and long-term conservation outcomes7 that can reasonably be expected to result in no net loss8 and preferably a net gain9 of biodiversity . In the case of an offset used as mitigation for residual adverse impacts on any area of critical habitat, a net gain is required . The design of a biodiversity offset will adhere to the

7 Measurable conservation outcomes for biodiversity will be demonstrated in situ (in natural conditions, not in captivity or depository) and on an appropriate geographic scale (e .g ., at the local, national or regional level) .8 ‘No net loss’ is defined as the point at which project-related biodiversity losses are balanced by gains resulting from mea-sures taken to avoid and minimize these impacts, to under-take on-site restoration and finally to offset significant residual impacts, if any, on an appropriate geographic scale . 9 ‘Net gains’ are additional conservation outcomes that can be achieved for the biodiversity values for which the natural or criti-cal habitat was designated . Net gains may be achieved through full application of the mitigation hierarchy that may include the development of a biodiversity offset and/or, in instances where the Borrower could meet the requirements of paragraph 24 of this ESS without a biodiversity offset, through the implementa-tion of additional programs in situ to enhance habitat, and pro-tect and conserve biodiversity .

“like-for-like or better” principle10 and will be car-ried out in alignment with GIIP .

17 . When a Borrower is considering the develop-ment of an offset as part of the mitigation strategy, stakeholders and qualified experts with demon-strated knowledge in offset design and implementa-tion will be involved . The Borrower will demonstrate the long-term technical and financial feasibility of undertaking the offset . When offsets are proposed for residual adverse impacts on critical habitat, the Borrower will engage one or more indepen-dent internationally recognized experts to advise as to whether the proposed offset is feasible and whether, in their professional opinion, it can be rea-sonably expected to result in a sustainable net gain of biodiversity values for which the critical habitat was designated .

18 . Certain residual adverse impacts cannot be off-set, particularly if the affected area is unique and irreplaceable from a biodiversity standpoint . In such cases, the Borrower will not undertake the project unless it is redesigned to avoid the need for such offset, and to meet the requirements of this ESS .

Modified habitat

19 . Modified habitats are areas that may contain a large proportion of plant and/or animal species of nonnative origin, and/or where human activity has substantially modified an area’s primary ecological functions and species composition .11 Modified hab-itats may include, for example, areas managed for agriculture, forest plantations, reclaimed12 coastal zones, and reclaimed wetlands .

20 . This ESS applies to those areas of modified habitat that include significant biodiversity value, as determined by the environmental and social assess-ment required in ESS1 . The Borrower will avoid or minimize impacts on such biodiversity and imple-ment mitigation measures as appropriate .

10 The principle of “like-for-like or better” means that in most cases biodiversity offsets should be designed to conserve the same biodiversity values that are being affected by the project (an “ in-kind” offset) . In certain situations, however, areas of bio-diversity to be affected by the project may be neither a national nor a local priority, and there may be other areas of biodiver-sity with like values that are a higher priority for conservation and sustainable use and under imminent threat or in need of protection or effective management . In these situations, it may be appropriate to consider an “out-of-kind” offset that involves “trading up” (i .e ., where the offset targets biodiversity of higher priority than that affected by the project) . Regardless of type, any areas considered as offsets for residual adverse impacts in criti-cal habitats will also be critical habitats, meeting the criteria of paragraph 24 of this ESS .11 A habitat will not be deemed to be a modified habitat where it has been converted in anticipation of the project .12 Reclamation as used in this context is the process of creating new land from sea or other aquatic areas for productive use .


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Natural habitat

21 . Natural habitats are areas composed of viable assemblages of plant and/or animal species of largely native origin, and/or where human activity has not essentially modified an area’s primary eco-logical functions and species composition .

22 . If natural habitats are identified as part of the assessment, the Borrower will seek to avoid adverse impacts on them in accordance with the mitigation hierarchy . Where natural habitats have the potential to be adversely affected by the project, the Borrower will not implement any project-related activities unless:

(a) There are no technically and financially fea-sible alternatives; and

(b) Appropriate mitigation measures are put in place, in accordance with the mitigation hierar-chy, to achieve no net loss and, where feasible, preferably a net gain of biodiversity over the long term . When residual impacts remain despite best efforts to avoid, minimize and mitigate impacts, and where appropriate and supported by relevant stakeholders, mitiga-tion measures may include biodiversity offsets adhering to the principle of “like-for-like or better .”

Critical Habitat

23 . Critical habitat is defined as areas with high bio-diversity importance or value, including:

(a) habitat of significant importance to Critically Endangered or Endangered species, as listed in the IUCN Red List of threatened species or equivalent national approaches;

(b) habitat of significant importance to endemic or restricted-range species;

(c) habitat supporting globally or nationally sig-nificant concentrations of migratory or congre-gatory species;

(d) highly threatened or unique ecosystems;(e) ecological functions or characteristics that are

needed to maintain the viability of the biodi-versity values described above in (a) to (d) .

24 . In areas of critical habitat, the Borrower will not implement any project activities that have potential adverse impacts unless all of the following condi-tions are met:

(a) No other viable alternatives within the region exist for development of the project in habitats of lesser biodiversity value;

(b) All due process required under international obligations or national law that is a prerequi-site to a country granting approval for project

activities in or adjacent to a critical habitat has been complied with;

(c) The potential adverse impacts, or likelihood of such, on the habitat will not lead to measur-able net reduction or negative change in those biodiversity values for which the critical habitat was designated;

(d) The project is not anticipated to lead to a net reduction in the population13 of any Critically Endangered, Endangered, or restricted-range species, over a reasonable time period;14

(e) The project will not involve significant con-version or significant degradation of critical habitats . In circumstances where the project involves new or renewed forestry or agricul-tural plantations, it will not convert or degrade any critical habitat;

(f ) The project’s mitigation strategy will be designed to achieve net gains of those biodi-versity values for which the critical habitat was designated; and

(g) A robust and appropriately designed, long-term biodiversity monitoring and evaluation program aimed at assessing the status of the critical habitat is integrated into the Borrower’s management program .

25 . Where a Borrower has satisfied the conditions set out in paragraph 24, the project’s mitigation strategy will be described in a Biodiversity Man-agement Plan and set out in the legal agreement (including the ESCP) .

Legally protected and internationally recognized areas of high biodiversity value26 . Where the project occurs within or has the potential to adversely affect an area that is legally protected,15 designated for protection, or regionally

13 Net reduction is a singular or cumulative loss of individu-als that affects the species’ ability to persist at the global and/or regional/national scales for many generations or over a long period of time . The scale (i .e ., global and/or regional/national) of the potential net reduction is determined based on the species’ listing on either the (global) IUCN Red List and/or on regional/national lists . For species listed on both the (global) IUCN Red List and the national/regional lists, the net reduction will be based on the national/regional population .14 The timeframe in which Borrowers will demonstrate “no net reduction” of Critically Endangered and Endangered, endemic and/or restricted-range species will be determined on a case-by-case basis and, where appropriate, in consultation with qualified experts and taking into account the species’ biology .15 This ESS recognizes legally protected areas that meet the fol-lowing definition: “A clearly defined geographical space, recog-nized, dedicated and managed, through legal or other effective means, to achieve the long-term conservation of nature with associated ecosystem services and cultural values .” For the pur-pose of this ESS, this includes areas proposed by governments for such designation .


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or internationally recognized,16 the Borrower will ensure that any activities undertaken are consistent with the area’s legal protection status and manage-ment objectives . The Borrower will also identify and assess potential project-related adverse impacts and apply the mitigation hierarchy so as to prevent or mitigate adverse impacts from projects that could compromise the integrity, conservation objectives or biodiversity importance of such an area .

27 . The Borrower will meet the requirements of paragraphs 13 through 25 of this ESS, as applicable. In addition, the Borrower will:

(a) Demonstrate that the proposed development in such areas is legally permitted;

(b) Act in a manner consistent with any govern-ment recognized management plans for such areas;

(c) Consult and involve protected area sponsors and managers, project-affected parties includ-ing Indigenous Peoples, and other interested parties on planning, designing, implementing, monitoring, and evaluating the proposed proj-ect, as appropriate; and

(d) Implement additional programs, as appropri-ate, to promote and enhance the conservation aims and effective management of the area .

Invasive alien species28 . Intentional or accidental introduction of alien, or non-native, species of flora and fauna into areas where they are not normally found can be a signifi-cant threat to biodiversity, since some alien spe-cies can become invasive, spreading rapidly and destroying or out-competing native species .

29 . The Borrower will not intentionally introduce any new alien species (not currently established in the country or region of the project) unless this is car-ried out in accordance with the existing regulatory framework for such introduction . Notwithstanding the above, the Borrower will not deliberately intro-duce any alien species with a high risk of invasive behavior regardless of whether such introductions are permitted under the existing regulatory frame-work . All introductions of alien species will be sub-ject to a risk assessment (as part of the Borrower’s environmental and social assessment) to determine the potential for invasive behavior . The Borrower will implement measures to avoid the potential for accidental or unintended introductions including the transportation of substrates and vectors (such

16 Internationally recognized areas of high biodiversity value include World Heritage Natural Sites, Biosphere Reserves, Ramsar Wetlands of International Importance, Key Biodiversity Areas, Important Bird Areas, and Alliance for Zero Extinction Sites, among others .

as soil, ballast, and plant materials) that may harbor alien species .

30 . Where alien species are already established in the country or region of the proposed project, the Borrower will exercise diligence in not spread-ing them into areas in which they have not already become established . Where feasible, the Borrower will take measures to eradicate such species from the natural habitats over which the Borrower has management control .

Sustainable management of living natural resources31 . The Borrower with projects involving pri-mary production and harvesting of living natural resources will assess the overall sustainability of these activities, as well as their potential impacts on local, nearby or ecologically linked habitats, bio-diversity and communities, including Indigenous Peoples .

32 . The Borrower will manage living natural resources in a sustainable manner, through the application of good management practices and available technologies . Where such primary pro-duction practices are codified in standards that are globally, regionally, or nationally recognized, par-ticularly for industrial-scale operations, the Bor-rower and the Bank will agree on the standards to be applied . In the absence of relevant standards for the particular living natural resources in the country concerned, the Borrower will apply GIIP .

33 . For projects involving small-scale producers,17 the Borrower will require producers to operate in a sustainable manner and to gradually improve their practices where such opportunities exist . Where the project consists of a large number of small produc-ers in the same geographical area, the Borrower will assess the potential for cumulative risks and impacts .

34 . Where the project includes commercial agri-culture and forestry plantations (particularly proj-ects involving land clearing or afforestation), the Borrower will locate such projects on land that is already converted or highly degraded (excluding any land that has been converted in anticipation of the project) . In view of the potential for planta-tion projects to introduce invasive alien species and threaten biodiversity, such projects will be designed to prevent and mitigate these potential threats to natural habitats . When the Borrower invests in pro-duction forestry in natural forests, these forests will be managed sustainably .

17 Small scale can be determined by the national context of a given country and is generally relative to the average size of household landholdings .


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35 . Where projects involve harvesting of living natu-ral resources, the Borrower will require that these resources are managed in a sustainable manner . In particular, forests and aquatic systems are principal providers of these resources, and need to be man-aged as specified below .

(a) For projects involving industrial-scale commer-cial forest harvesting operations, the Borrower will ensure such operations are certified under an independent forest certification system18 or adhere to a time-bound phased action plan acceptable to the Bank for achieving certifica-tion to such a system .

(b) For projects involving forest harvesting opera-tions conducted by small-scale producers, by local communities under community forest management, or by such entities under joint forest management arrangements, where such operations are not directly associated with an industrial-scale operation, the Borrower will ensure that they: (i) have achieved a standard of sustainable forest management developed with the meaningful participation of project-affected parties including Indigenous Peoples, consistent with the principles and criteria of sustainable forest management, even if not formally certified; or (ii) adhere to a time-bound action plan to achieve such a standard . The action plan will be developed with the meaningful participation of project-affected parties and be acceptable to the Bank . The Borrower will ensure that all such operations are monitored with the meaningful participa-tion of project-affected parties .

(c) For projects involving industrial-scale harvest-ing of fish populations and all other types of marine and freshwater organisms, the Bor-rower will demonstrate that their activities are being undertaken in a sustainable manner, consistent with the principles and criteria for sustainable harvesting .

36 . For projects that do not involve primary produc-tion or harvesting of living natural resources and entail salvage logging, for example in areas to be inundated, the Borrower will limit cleared areas to

18 An independent forest certification system will require inde-pendent, third-party assessment of forest management per-formance . It will be cost-effective and based on objective and measurable performance standards that are defined at the national level and are compatible with internationally accepted principles and criteria of sustainable forest management .

a minimum and justified by the project’s technical requirements, and that relevant national legislation is being followed .

37 . The Borrower involved in the industrial produc-tion of crops and animal husbandry will follow GIIP to avoid or minimize adverse risks or impacts . The Borrower involved in large-scale commercial farm-ing, including breeding, rearing, housing, transport, and slaughter of animals for meat or other animal products (such as milk, eggs, wool) will employ GIIP19 in animal husbandry techniques, with due consideration for religious and cultural principles .

B. Primary suppliers38 . Where a Borrower is purchasing natural resource commodities, including food, timber and fiber, that are known to originate from areas where there is a risk of significant conversion or significant degra-dation of natural or critical habitats, the Borrower’s environmental and social assessment will include an evaluation of the systems and verification prac-tices used by the primary suppliers .20

39 . The Borrower will establish systems and verifi-cation practices which will:

(a) identify where the supply is coming from and the habitat type of the source area;

(b) where possible, limit procurement to those suppliers that can demonstrate21 that they are not contributing to significant conversion or degradation of natural or critical habitats; and

(c) where possible and within a reasonable period, shift the Borrower’s primary suppliers to sup-pliers that can demonstrate that they are not significantly adversely impacting these areas .

40 . The ability of the Borrower to fully address these risks will depend upon the Borrower’s level of control or influence over its primary suppliers .

19 Such as the IFC Good Practice Note on Improving Animal Wel-fare in Livestock Operations .20 Primary suppliers are those suppliers who, on an ongoing basis, provide directly to the project goods or materials essential for the core functions of the project . Core functions of a project constitute those production and/or service processes essential for a specific project activity without which the project cannot continue .21 This may be demonstrated by delivery of certified products or achieving compliance with one or more credible standards for sustainable management of living natural resources in respect of certain commodities or locations . This will include, where appro-priate, compliance with independent certification systems or progress towards achieving compliance .


Documents

Expression of Interest (EoI) cum- Request for Proposal for ...himachalservices.nic.in/hpridc/REoI cum RFPBio Diversity Wildlife... · The Himachal Pradesh Road and Other Infrastructure