Haiphong department of transport

Phase II: Supervision of Construction Activities

The SES will:

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  Review, and inspect in an independent, objective and professional manner all aspects of the implementation of the contractor’s EMP
  
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  Carry out random monitoring checks, and review on records prepared by the Contractor’s SEO
  
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  Conduct regular site inspections
  
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  Review the status of implementation of environmental protection measures against the EMP and contract documents
  
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  Review the effectiveness of environmental mitigation measures and project environmental performance
  
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  As needed, review the environmental acceptability of the construction methodology (both temporary and permanent works), relevant design plans and submissions. Where necessary, the SES shall seek and recommend the least environmental impact alternative in consultation with the Engineer and contractor(s); Verify the investigation results of any non-compliance of the environmental quality performance and the effectiveness of corrective measures
  
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  Provide training programs at minimum six monthly intervals and every time there are new workers or new contractors coming into the site, including CST and PMURTW staff, appraise them of issues identified and how to improve environmental compliance
  
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  Through the Engineer, instruct the contractor(s) to take remedial actions within a specified timeframe, and carry out additional monitoring, if required, according to the contractual requirements and procedures in the event of non-compliances or complaints
  
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  Through the Engineer, instruct the contractor(s) to take actions to reduce impacts and follow the required EMP procedures in case of non-compliance / discrepancies identified
  
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  Review of Site Plans: On behalf of the Engineer to ensure consistency across the project, the SES shall provide the final review and recommend clearance of all site plans which may affect the environment. These include, but are not limited to: borrow pit and disposal sites plans, worker’s camp plans. Where these plans are found not to comply with the EMP, the SES shall work with the CST and contractor to establish a suitable solution.
  
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  Health and Safety: On behalf of the Engineer to ensure consistency across the project, the SES shall provide the final review and recommend clearance of all contractors’ Safety Plans, and, based on these, with inputs from the CST, prepare an overall Project Safety Plan (PSP). The PSP shall include procedures such as management of explosions, safety during construction, the prevention of slope slide / soil erosion during the rainfall season, etc. These plans shall be reviewed on an annual basis and updated if necessary.
  

The SES shall ensure compliance with the requirements of the health and safety clauses in the contract documents. This shall include, but not be limited to: (i) construction activities; (ii) HIV/AIDS education campaign; (iii) compliance with Viet Nam’s labor laws; and (iv) road traffic safety. For HIV/AIDS the focus shall not only be on the construction sites themselves, but also on assisting the nearby communities.

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  Site Inspections: The SES shall closely audit the construction activities through regular site inspections accomplished through daily site visits, walks and visual inspections to identify areas of potential environmental problems and concerns. Inspections should be done independently from the Contractor’s staff. It is expected that the SES shall have their own hand held and portable monitoring equipment such as cameras, transport and other resources.
  
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  Where there is infringement of technical specifications, or condition of contracts, or non compliance with the EMP, the SES shall be immediately inform the Engineer. The SES shall also report all infringements to the PMURTW as part of the monthly reporting.
  
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  SES field engineer’s log-book shall be kept readily available for inspection by all persons assisting in project management, including the Independent Monitoring Consultant.
  
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  The SES shall also regularly review the records of the contractors to ensure that they are up to date, factual and meet the EMP reporting requirements (e.g. environmental complaint monitoring records).
  
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  Complaints will be received by the contractor’s site office from local residents with regard to environmental infractions such as noise, dust, traffic safety, etc. The contractor shall be responsible for processing, addressing or reaching solutions for complaints brought to them. The SES shall confirm that they are properly addressed by the contractors in the same manner as incidents identified during site inspections.
  
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  Unforeseen Impacts: In the event that an incident arises which was not foreseen in the EMP, the SES shall work closely with the Engineer, contractors and the PMURTW to confirm satisfactory resolution to the incident. The SES shall then update the EMP and the implementation guidelines, training the contractors’ staff accordingly.
  
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  Monthly Payments: The SES shall confirm the monthly payments for environmentally related activities as recommended by the SES to the Engineer.
  
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  Site Restoration and Landscaping: The SES shall closely monitor all activities with regard to site restoration and landscaping in areas such as borrow pits, quarries, camps, crushing plants, etc. to ensure that the activities are done to an appropriate and acceptable standard. The SES will agree with the contractor on a site decommissioning and restoration plan to be implemented before the completion of the construction of the access road and bridges.
  

Project Initiation and Staffing: It is anticipated that the SES will be mobilized one month before the start of the construction activities.

Reporting: As a minimum the SES shall prepare the following written reports:

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  Weekly report of non-compliance issues
  
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  Summary monthly report covering key issues and findings from reviewing and supervision activities
  
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  Consolidated summary report from contractor’s monthly report
  
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  Collect and report on data as requested by the PMURTW.
  
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  At the end of the project the SES shall prepare a final report summarizing the key findings from his/her work, the number of infringements, resolutions, etc. as well as advice and guidance for how such assignments should be conducted in the future.
  
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  During the course of the project the SES shall provide briefings as requested to the PMURTW, environmental agencies, the World Bank, IMC, DONRE, and others as requested by the PMURTW on the project progress, incidents, and other issues associated with environmental management and supervision. As a minimum these are expected to be at six-monthly intervals.
  

APPENDIX 5: INDEPENDENT ENVIRONMENTAL MONITORING CONSULTANT (IMC)

Objective of the assignment

The Independent Environmental Monitoring Consultant (IMC) will be contracted to provide professional services regarding environmental sampling, and reviewing compliance to the Environmental Management Plan (EMP) and the Environmental Specifications of the Project. IMC shall provide support to PMURTW to establish and operate environmental management systems, offers suggestions for adjusting and building capacity for relevant agencies during the implementation period and monitor the Contractor’s EMP implementation plan in both construction and operation stages. IMC will also be responsible to support PMURTW to prepare monitoring reports on EMP implementation and submit these reports to DONRE for approval.

Through this assignment, the effectiveness of the mitigation measures and reporting procedures will be verified, or recommendations shall be made regarding alteration of construction method or additional mitigation measures to make sure that the potential negative impacts related to the construction and operation of the proposed Bac Son - Nam Hai East-West Link Road (the Road) are minimized.

Institutional Arrangements for EMP implementation

In order to achieve the goal of minimizing the negative environmental impacts of the Project, the EMP has been integrated into the design of the Project road, and in the technical specifications and contract documents. It will need to be closely followed and implemented by the Contractors. The implementation of the EMP will therefore involve three parties:

The Contractor’s Workplace Safety and Environment Officer (SEO) responsible for implementing the EMP and other construction related environmental and safety issues.

The Construction Supervision Team (CST) who are responsible for supervising and monitoring all construction activities and for ensuring that contractors comply with the requirements of the contracts and the EMP. The CST will include a Workplace Safety and Environment Supervisor (SES); and,

A Client’s Independent Environmental Monitoring Consultant (IMC), who carry out environmental sampling and monitoring Activities specified in this TOR.

Scope of services

The IMC shall carry out monitoring twice a year, on all environmental-related issues regarding the contractor’s works. The IMC will carry out field sampling, monitoring and check, review, verify and validate the overall environmental performance of the project through regular inspections and review. This review will provide confirmation that the reported results are valid and that the relevant mitigation measures and monitoring program provided in the Project EMP are fully complied with. They will also supply specialized assistance to the client on environmental matters. IMC’s specific tasks will include, but not limited to, the followings:

Task I: Environmental Sampling Monitoring

The IMC shall carry out sampling and monitoring of the air and water quality with parameters at a frequency specified in Table 5 (see “Monitoring Indicators”)

Task II: Review and Assess Compliance to EMP by PMURTW, CST, SES and the Contractor

The IMC shall review and evaluate the environmental performance and compliance of EMP by PMURTW, CST, SES and the Contractor from design to construction phases. The IMC shall also assess the effectiveness of the mitigation measures to be implemented and the effectiveness of the reporting procedures. The review and evaluation should cover, but not limited to the followings:

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  Desk Review: The IMC shall review the completeness of the environmental records, reports and documents prepared by the PMURTW, CST, SES and the Contractor related to:
  
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  Review the activities carried out and the records and documents created, updated, or maintained by the CST;
  
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  Allocation of staff to SES;
  
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  Written confirmation that there have been no major omissions of mitigation measures, or proposals on the updates to the EMP and the design and technical specifications to address these issues;
  
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  The checklist developed for use during the construction of the project to monitor the contractor’s performance;
  
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  A log-book of each and every circumstance or change of circumstances which may affect the environmental impact assessment and non-compliance with the recommendations made by the SES to remediate the non-compliance;
  
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  Records on the design and training program for Supervision Engineers, Contractors, PMURTW staff, and workers,
  
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  Records on day-to-day supervision carried out by the SES, such as:
  
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  Review and inspect all aspects of the implementation of the EMP;
  
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  random monitoring checks and review on records prepared by the Contractor’s SEO;
  
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  regular site inspections;
  
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  Review the status of implementation of environmental protection measures against the EMP and contract documents;
  
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  Review the effectiveness of environmental mitigation measures and project environmental performance;
  
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  Review the environmental acceptability of the construction methodology (both temporary and permanent works), relevant design plans and submissions, if applicable;
  
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  Verification on the investigation results of any non-compliance of the environmental quality performance and the effectiveness of corrective measures;
  
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  Feedback review results to the PMURTW and CST according to the procedures of non-compliance in the EMP;
  
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  review and recommendations for all site plans prepared by the Contractor;
  
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  Monitoring of all activities with regard to site restoration and landscaping;
  
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  Confirmation on proper address of complaints by the Contractor and/or PMURTW;
  
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  Proof of coordination between the SES and the CST, the Contractors, and the PMURTW to confirm satisfactory resolution to the unforeseen impacts
  
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  Review the activities carried out and the records and documents created, updated, or maintained by the Contractor or his SEO:
  
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  Records and documents prepared for training on environmental awareness for the contractor’s workers.
  
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  Site surveillance to investigate the Contractors' site practice, equipment and work methodologies with respect to pollution control and adequacy of environmental mitigation implemented;
  
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  Monitor the implementation of environmental mitigation measures and the Contractor’ compliance with environmental protection, pollution prevention and control measures, and contractual requirements;
  
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  Advice to the Contractor(s) on environment improvement, awareness, proactive pollution prevention measures;
  
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  Investigation and proposals on mitigation measures to the Contractor(s) in the case of non-compliance / discrepancies, if applicable;
  
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  Proof of participation in the monitoring and implementation of remedial measures to reduce environmental impact;
  
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  Review the success of the EMP to cost-effectively confirm the adequacy of mitigation measures implemented;
  
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  Preparation and submission of Contractor’s Compliance Reports and inclusion of environmental mitigation measures into Contractor’s progress reports;
  
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  Complaint investigation, evaluation and identification of corrective measures;
  
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  additional monitoring works within the specified timeframe instructed by the Supervision Engineer and/or PMURTW; and
  
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  Review the activities carried out by PMURTW and records and environmental documents submitted to PMURTW by the CST and Contractor:
  
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  Allocation of staff responsible for environmental issues;
  
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  SEO, SES’s recommendations, approval and follow up;
  
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  Records on complaints received and solutions;
  
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  Records of the mitigation measures implemented by PMURTW as specified in the EMP.
  

Random Site Inspections:

As part of the monitoring process, the IMC shall carry out a random check at the site. The IMC shall visually look at the construction sites and make notes related to the following environmental issues, but not limited to:

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  Compliance/violation to prohibitions to Contractor’s workers as specified in the Environmental Specifications;
  
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  Application of mitigation measures for soil erosion along the road due to excavation and tree cutting;
  
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  Waste management practices at worker’s camps, at the construction sites,
  
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  Disruption of exiting services during construction;
  
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  Status of construction workers’ camps and sanitation facilities for them;
  
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  Water quality control facilities at and surrounding the workers’ camp;
  
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  General clean up after construction works;
  
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  Status of landscape rehabilitation, re-vegetation in the disturbed areas, particularly at borrow pits and quarries, and disposal site;
  
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  Impacts of construction works (level of noise, dust) on surrounding residential areas, and damage to roads due to earthworks and transportation of building materials;
  
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  Status of implementation of safety measures (signboards, restricted zone, fences, the use of protective equipment, etc.), particularly at the intersections and other traffic hotspots.
  

The IMC shall also conduct public consultation to:

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  Assess the level of involvement by the local authorities in dealing with environmental issues (dust, noise, and damage to roads due to the transport of construction materials, tree cutting on public lands and protected areas);
  
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  Identify any other environmental issues and record environmental complaints from the affected people;
  
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  Report on responses (if any) from appropriate local authorities on environmental complaints or incompliance.
  

Consultant Qualifications and staffing

It is anticipated that the IMC will be mobilized four months after the start of the construction activities. The one month start up time will be utilized by the IMC to review and familiarize itself with the project environmental monitoring program, Environmental Management Plan, preparing the inception report and plan for their first field trip.

The Consultant shall include the following key persons:

Activity Leader/Senior Environmental Consultant

The position will be a senior environmental specialist with at least a Master degree in environmental science or related discipline and have 10 year’s experience working with the environmental aspects of construction. Priority is given to the person who has experience in assessing and monitoring environmental aspects related to roads and bridges. The Team leader should be familiar with the World Bank’s environmental and social impact guidelines and have a proven record of managerial capabilities. The Team Leader will be responsible for directing the environmental monitoring for the project

He /she will lead the team during field visit on a six monthly basis to inspect the Contractor’s compliance with the EMP, check the implementation of mitigation measures, assess the effectiveness and adequacy of the mitigation measures proposed/implemented, and give advices on additional mitigation measures or corrective actions, if necessary. At the end of each visit and before leaving the sites, he/she will lead discussion and brief to PMURTW, SES and SEOs about their main findings and advise them on what need to be improved, evaluate compliance to EMP. He will take the lead in the preparation and quality control of the six monthly monitoring reports. Fluency in spoken and written English will be required.

Field Environmental Inspection Officer(s)

This position(s) will require at least 5 year’s experience and a good understanding of the environmental issues related to civil works, particularly roads and bridges, environmental impacts assessment and management processes. They will visit the project sites on a six monthly basis to inspect the Contractor’s compliance with the EMP and check the implementation of mitigation measures. He/she will also check relevant environmental documents and records prepared during construction phase. At the end of each visit and before leaving the sites, they will participate in discussions with PMURTW, SES and SEOs about their main findings and advise them on what need to be improved. Knowledge of English language is required.

Environmental Monitoring Specialist(s)

This position(s) will require at least 5 years experience in environmental analysis and monitoring activities. They will be responsible for conducting environmental monitoring activities, including sampling, analyzing results and writing monitoring reports. Knowledge of the English language is required.

Reporting Requirements and Time Schedule

For each report, 10 copies in Vietnamese and 3 copies in English shall submitted. In addition to hard copies, one digital electronic copy shall also be submitted. At the end of the contract, a digital copy of all documents relevant to the project shall be compiled in an orderly manner and submitted to the Client.

APPENDIX 6: TRAINING DEMANDS AND PROPOSALS FOR A TRAINING PROGRAM

Table 6.1. Analysis and Determination of Training Demands

No.	Subject	Preliminary assessment on capability/awareness	Capacity building/training on environmental management
1	Functional staff of relevant public utility companies	Have most staff with university/post university education. There are many WB funded projects executed in Hai Phong city. Companies are quite familiar with requirement and procedure of WB’s project.	- project information and operation regime of EMS, contact clues, and cooperation mechanism between relevant agencies. - Need to be provided with detailed requirements on roles/responsibilities of these companies during coordination process on environmental management and solving of arising environmental incidents.
2	Environment team - PMURTW	Have most staff with university/post university education, thus it is easy to them to comprehend new contents Have working experiences in previous projects but have not gone into details of the environmental field. Have basic knowledge in information technology, thus, it will be convenient for data management and information process as well as cooperation with other agencies.	- environmental management process in project and implementation methods (from preparation stage of bidding documents, bid evaluation, contract signing, monitoring implementation and acceptance works, etc.). - Should have increase awareness on critical roles of EMS - Should be provided with more knowledge/legal regulations related to penalty for violations on the environment. - Should be provided with treatment solutions for arising problems on site.
3	Local leaders	Apart from some wards/communes like Vinh Niem, Dang Giang, Dang Hai which participated in many infrastructure projects, other wards/communes have not been informed sufficiently about the project process. Computer skills are still limited Awareness on community organization and monitoring is not clear. Community organization and monitoring have only been implemented for small projects which are invested by residents. Have no experiences in community monitoring on a large scale.	- Should be provided with preliminary knowledge on environmental laws and contents related to coordination in monitoring among ward/commune authorities in projects which are executed in the areas. - Should be trained on community monitoring. - Should have updated information on project progress and monitoring and information exchange regime. - Environmental management process should be made clear and comprehended before, during and after construction.
4	Community representatives	- Not been established in the local area, Thus participants have not been determined - Most project areas are rural ones with cultivation works. Education is limited and working style is primarily spontaneous. - Income of residents is not high; infrastructure system is not sufficient; awareness on rights and responsibilities of individuals and community on environmental issues are limited.	- Should be provided with rights and responsibilities in environmental management (as well as legal regulations.) - Should be provided with clear simple methods which will be applied during project implementation process. - Increase the awareness of community on environmental management generally and potential impact of the project in particular. - Continuously utilize project information and important points in EMS as well as operation regime.
5	Contractor	- Contractor’s leaders are qualified and experienced staffs who are competent in legal regulations. - Periodically organize training courses on environmental sanitation and labor safety. - Most Contractors consider environmental issues as arising ones with a separate cost and do not want to implement them or rectify the issues. - Awareness of Contractors on environmental issues during construction is limited.	- Should learn about environmental law and focus on contents related to roles of local authority and community supervisors. - Should comprehend environmental management process following requirements of WB’s safeguard policies (for example, participation of IMC, implementation of HSET process.) However, for contractors these requirements will be followed through project documents and concrete criteria in bidding documents as well as construction contract.