Environmental & Social Safeguards Third-Party Monitoring

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PULSE Project

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15-October 2023

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#1حکومت پنجا۔ PROJECT MANAGEMENT UNIT (PMU) PUNJAB URBAN LAND SYSTEMS ENHANCEMENT (PULSE) Board of Revenue (BOR) Government of the Punjab *********** TERMS OF REFERENCE PUNJAB URBAN LAND SYSTEMS ENHANCEMENT (PULSE) ISLAMIC REPUBLIC OF PAKISTAN PUNJAB PROVINCE HIRING OF CONSULTANCY FIRM FOR THIRD PARTY MONITORING (TPM) TO MONITOR THE IMPLEMENTATION OF ENVIRONMENTAL AND SOCIAL (E&S) REQUIREMENTS UNDER PUNJAB URBAN LAND SYSTEMS ENHANCEMENT PROJECT (PULSE) JUNE 2023#2PROJECT MANAGEMENT UNIT – BOARD OF REVENUE Punjab Urban Land Systems Enhancement (PULSE) Project (P172945) Credit Number 7041-PK Terms of Reference (ToR) For Third Party Monitoring (TPM) to Monitor the Implementation of Environment and Social (E&S) Requirements Under Punjab Urban Land Systems Enhancement Project (PULSE) 1. BACKGROUND The Government of Punjab (GoPunjab) is implementing a project titled the Punjab Urban Land Systems Enhancement Project (PULSE) with a credit in the amount of US$150 million from the International Development Association (IDA/World Bank). The Project Development Objective (PDO) of PULSE is to support the GoPunjab with: (i) improved land records; and (ii) identification of land for development, including land for housing programs. PULSE aims to achieve: (i) the provision of digital land records linked to cadastral maps and DRM data; (ii) improved tenure security and access to land for housing; (iii) a unified modern land information system; and (iv) a strengthened capacity and regulatory framework. In this context, the public in Punjab, particularly women and vulnerable groups, will benefit significantly from increased security of land rights and property ownership. The Project comprises the following parts: a. Component 1: Digital Land Records and Cadastral Maps for the Land Records Management and Information System or LRMIS to develop a seamless and multipurpose cadastral map linked to the digital land records for Punjab Province; b. Component 2: Land for Housing to support the GoPunjab in the identification, evaluation, and mobilization of low disaster risk public/state lands, including resilient housing; c. Component 3: Integrated Land and Geospatial Information Systems and Services to establish a modern Land Information System, unifying and integrating rural and urban land records; and d. Component 4: Project Management and Institutional Strengthening to support the GoPunjab to manage, implement, and supervise project activities, and training and skill development. For the implementation of PULSE and pursuant to the agreed terms under the financing, a Project Management Unit (PMU) was established in the Board of Revenue (BOR), together with the Project Implementation Units (PIU) in the Punjab Land Records Authority (PIU-PLRA), to coordinate, manage, implement, and supervise PULSE. The World Bank's Environmental and Social Framework (ESF) applies to the project; and PULSE will be implemented by BOR in compliance with the provisions of the Financing Agreement and in accordance with the Environmental and Social Standards (ESSs). The environmental risk rating is moderate, though overall is high due to social risks. The project supported land record digitization process/activities are expected to have a net positive 1 Page#3environmental impact as more resource-efficient Arazi Records Centers (ARCs) will lead to a lower carbon footprint. The project activities, however, have some environmental risks that would mainly stem from expansion of ARCS under Components 3 and 4. The accompanying office renovation works can have Occupational Health and Safety (OHS) risks to labor and surrounding communities, including air and noise emissions. The procurement of ICT equipment may pose health and safety risks if electronic waste (e-waste) is not properly managed. The Government of Punjab through the Board of Revenue (BOR) has conducted a detailed Environmental and Social (E&S) assessment using a framework approach; and prepared an Environmental and Social Management Framework (ESMF) including an e-waste management plan in accordance with the relevant ESF standards. The social risk rating is High because land tenure is a highly contentious issue in Punjab, particularly in the context of widening social and economic inequities. In Pakistan, land disputes typically take the form of inheritance related issues amongst multiple heirs; there is widespread practice of not allowing women to claim inheritance; usually there are multiple claimants for properties who often rely on falsified documentation etc. Disputes over land ownership are likely to emerge as cadastral maps are updated and properties registered. Some level of social disharmony can also be anticipated, given widespread disputes over land (multiple claimants, disputed inheritance rights, customary exclusion of women and minors from rightful land shares, etc.). Resettlement Policy Framework (RPF) has been prepared by the BoR to address risks related to land acquisition, restrictions on land use and involuntary resettlement in accordance with ESS5. There will be no forced evictions under the Project; removal of illegal occupants will only be done in a manner consistent with basic principles of due process. The Project is a major reform initiative that requires detailed consultations with stakeholders. Stakeholders include both those who are affected by the project and those who do not experience direct impacts, but who have an interest in how the project proceeds. PULSE stakeholders include landowners and property owners, real estate renters and buyers, housing societies and property developers, residents of regularized and non-regularized informal settlements (Katchi Abadis), surveyors, revenue officials, elected representatives, and the general public. As per World Bank requirements, Grievance Redressal Mechanism (GRM) systems are an integral component of the project administration. The Stakeholder Engagement Plan (SEP) describes the Project GRM in detail. For the Project, a Grievance Redress Committee (GRC) will be constituted at the PMU, managed by a GRM specialist. A GRM Committee, chaired by BOR, and comprising all relevant departments will be notified which will draw on existing resources at the PLRA and BoR. The Labor Management Plan (LMP) provides estimates of the total number and type of staffing needed for the Project. The Project does not involve major civil works, and as such there is little likelihood of there being any large scale in-migration of labor on project sites. Possible labor risks have been assessed in the SEP and relate to Forced Labor or Child Labor hiring by 2 | Page#4contractors or community workers employed to carry out surveying works or other field activities. Contractors will be overseen by government officials through the PMU framework and will be similarly required to ensure that work conditions are safe for women. The Project will enforce provisions of provincial laws related to anti-harassment and prevention of violence against women. The world bank guidelines require the Project to pay special attention to matters pertaining to Gender Based Violence (GBV), Sexual Exploitation and Abuse (SEA) and Sexual Harassment (SH). The Project will Conduct a GBV/SEA/SH Risk Assessment and propose a mitigation approach in the form of an Action Plan, to address GBV and SEA risks and impacts that may arise during Project implementation. The Environmental and Social Commitment Plans (ESCP) sets out material measures and actions, any specific documents or plans, and timing of each of these. The PMU will comply with the requirements of the ESCP, and implementation of the material measures and actions of the ESCP will be monitored and reported to the World Bank. Third-Party Monitoring (TPM) of E&S activities is required to assess the status and performance of PULSE from E&S perspectives, its compliance status, or emerging issues, which will complement the PMU's capacity for project monitoring. A firm (or NGO) will carry out the TPM to provide an unbiased perspective on the issue and status, and to make recommendations for improvement. The Financing agreement and all framework documents related to Environment and Social Safeguards are disclosed on the link below; https://projects.worldbank.org/en/projects-operations/project-detail/P172945 2. OBJECTIVE OF ASSIGNMENT The objective of Third-Party Monitoring (TPM) is to monitor the implementation and effectiveness of compliance by the PMU/PIU with the ESCP, ESMF (including E-Waste Management Plan, Labor Management Plan, Resettlement Policy Framework, Stakeholder Engagement Plan and corresponding E&S Plans such as ESMPS, RAPS, Occupational Health and Safety (OHS) plan, Gender Based Violence (GBV) Action Plan). The Consulting firm shall work closely with the Project Director and E&S Specialists at PMU- BOR, and relevant staff at the PIU-PLRA. 3| Page#53. SCOPE OF SERVICES The consulting firm is expected to perform the following specified tasks related to implementation of all the E&S instruments for PULSE as specified in the Environment and social commitment plan available on the link below; https://projects.worldbank.org/en/projects-operations/project-detail/P172945 a) Monitor the Environmental and Social Deliverables of Planned Project Interventions: The Consulting firm will monitor the approved project interventions/deliverables within the PC-1 for the conformity of environmental and social categorization with respect to the Project E&S instruments as noted in the Project Financing Agreement. b) Review institutional arrangements & Gap Analysis: The consulting firm shall review the Operational manual, project implementation arrangements and adequacy of institutional arrangements adopted in the ESMF of the project towards implementation of the ESMF, will conduct a detailed Gap Analysis and shall make recommendations. Existing E&S instruments and processes should be reviewed to check if the appropriate documents (E&S Checklists, E-Waste Management Plan, Environment and Social Management Plan, Gender Action Plan and Grievance Redress Mechanism for Project, etc.) as required in the ESCP have been prepared in accordance with the approved E&S instruments. Furthermore, the consultant will monitor whether the procurement documents of contractors include the necessary codes of conduct to handle issues outlined in the ESCP, ESMF, LMP, ESIA/ESMPS, and the environmental, social, and health & safety specifications. c) Monitor the adequacy of the instrument: The consulting firm shall review the instruments prepared for various project activities for its adequacy in addressing the potential environmental and social impacts of the project. Recommendations should be made on how to improve the internal monitoring process of the E&S Safeguards. The firm further monitors the occupational, health and safety (OHS) measures in place including any emergency preparedness and response measures in the ESMPs. In addition, the firm monitor whether the project has conducted a SEA/SH risk assessment which also proposes mitigation mechanisms in the form of an action plan. d) Conduct field surveys: The consulting firm shall develop a plan to conduct field surveys of 25 % of the project area (District wise) where activities are under progress to ascertain the discrepancies if any between the documentation and field activity. e) Quality of E&S implementation: The consulting firm will also conduct field of the project area to determine the quality of ESCP and ESMP implementation compliance with the ESSs. Field surveys will be comprehensive and include site visits, physical analysis; review of documentary evidence and public consultations 4 | Page#6for feedback. Any recommendations to improve the quality of E&S implementation will also be provided. f) Review reports and E&S performance: The consulting firm should review the Implementing agencies' Progress Reports being prepared to assess if these meet the specifications of the ESMF and if they show a trend of improvement in implementation of ESMF, the firm shall make recommendations to improve the reports and E&S performance. The consulting firm should identify corrective and preventive actions as needed and assist PMU to incorporate these in relevant instruments. g) Contract Management The consulting firm will check that all bidding documents and contracts for civil works under the Project include the obligation of contractors, subcontractors and supervising entities to: (a) comply with the relevant aspects of ESCP and the environmental and social instruments referred to therein; and (b) adopt and enforce codes of conduct that should be provided to and signed by all workers, detailing measures to address environmental, social, health and safety risks, and the risks of sexual exploitation and abuse, sexual harassment and violence against children, all as applicable to such civil works commissioned or carried out pursuant to said contracts. This will also include recommendations for capacity building of existing staff and provision for technical expertise where required. 4. KEY DELIVERABLES ☐ ■ Once the consulting firm is engaged and deployed, then the following reports are expected to be submitted by the firm: Inception report including methodology of monitoring, schedule of the activity wise field visits along with field deployments, formats of data sampling tools, and schedule of work: to be submitted within 15 days after signing of contract. Establish of Baseline and Review Report of the existing ESMF and E&S Plans and Gap Analysis within 45 Days of signing of contract. 1st annual monitoring report covering the Draft ESMF and E&S Plans implementation in pilot phase districts after 90 days of current FY closing-1st year 2022-23. 2nd annual monitoring report covering the ESMF and E&S Plans implementation for project domain after 90 days of FY closing- 2nd year 2023-24. Final ESMF and E&S Plans implementation TPM Report within 15 days before the contract closing date. 5. PROFILE OF THE CONSULTING FIRM: The consulting firm must have proven knowledge of 10 years of experience in managing consultancies. Preference will be given to those firms which have conducted donor funded projects at national and 5| Page#7international level in the area of monitoring Environmental and Social safeguards frameworks and plans. The task would be completed through a team of consulting firm consisting of the members as per details given below; Sr.No. Key Professionals No. of Persons 1 Environmental Post Qualification Experience Specialist Social Safeguard Specialist 3 Gender Specialist Graduate in Environmental Sciences//Environmental Engineering At least 5 years of professional experience in the field of conducting environmental Assessments/Environmental Monitoring Post Graduate in Social At least 5 years of professional sciences Post Graduate Gender/Women Studies/Sociology 4 M&E Specialist 1 Post Graduate Economics/Business Administration/Project Management experience in the field of Social Assessment/Studies and Social Impact Evaluation. in At least 5 years of professional experience in the field of conducting Gender Studies and Gender Action Planning. in At least 5 years of professional experience in the field of conducting third party monitoring on E&S Safeguards, 5 Report Writing Expert reporting and evaluations. Post Graduate in English At least 5 years of professional language/Mass Communication/Business experience in the field of writing reports for the client. Administration/Project Management 6 Data Analysis 1 Expert Post Graduate Statistics/IT in At least 5 years of professional experience in the field of analyzing large scale data based different statistical on packages. 6. TIMING AND LEVEL OF EFFORT The Consultant Firm will be engaged for a period of two (2) years on Lump-Sum basis. The firm will carry out this third-party monitoring after competition of each of the project year for three (3) months. 6| Page#8Consultant Firm Reporting Obligations & Payment Plan Documents/ Reports Hard Copies/ Soft Copies Due Payment (After signing of Percentage & contract) Inception report: Inception report including methodology of monitoring, schedule of the activity wise field visits and technical teams field formations formats of data sampling tools, and schedule of work. 5+1 15 Days of contract signing date 10% Establish of Baseline, and Review of the existing ESMF and E&S Plans and Gap Analysis. 45 Days of contract 5+1 signing date 10% After 90 days of 1st annual monitoring report covering the ESMF and E&S Plans implementation in pilot phase districts. current FY closing- 5+1 1st year 2022-23 30% report on 15-October 2023. After 90 days of 2nd annual monitoring report covering the ESMF and E&S Plans FY closing- 2nd 30% 5+1 year 2023-24 implementation for project domain. report on 15- October 2024. Final ESMF and E&S Plans implementation TPM Report. 5+1 15-November 2024. 20% 7. REPORTING ARRANGEMENTS The consulting firm will be overall responsible to the Project Director (PD) of PMU, PULSE Project through Environment and Social Safeguard Specialists and working in close coordination with Project Coordinator of PIU regarding field-based project activities. 8. GENERAL CONDITIONS 1. The assignment activities of the consulting firm will be supervised by the PD (PMU) PULSE. 2. All documentation, reports shall be submitted in the English Language. 3. All the data, documents and reports produced by the consulting firm for the said services shall be the property of the PULSE project. The consulting firm shall not share and use these data, documents and reports for any other purpose/job without the explicit written approval of PD (PMU) PULSE. 4. In case the consulting firm fails to fulfill the contractual obligations and violates the contract agreement, the contract agreement shall be terminated and consulting firm shall not be liable to make any pending claims. 7| Page

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