Due Diligence Report

Project Number: 48158-002 January 2020

CAM: Provincial Water Supply and Sanitation

Project ‒ Siem Reap Wastewater Subproject

Prepared by the Ministry of Public Works and Transport for the Asian Development Bank.

This due diligence report is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature. In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area.

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Currency unit – riel (KR) KR1.00 = $0.000245

$1.00 = KR4,085

CURRENCY EQUIVALENTS (as of 4 June 2019)

ABBREVIATIONS

ADB - Asian Development Bank AH - Affected Household AP - Affected Person CAP - Corrective Action Plan CPR - Customer Perception Review DDR - Due Diligence Report DED - Detailed Engineering Design EM -_ Entitlement Matrix EMP - Environmental Management Plan GDR - General Depart of Resettlement GRM - Grievance Redress Mechanism HH - Household LAR - Land Acquisition and Resettlement MPWT - Ministry of Public Works and Transport O&M - Operation & Management PIB - Public Information Booklet PIU - Project Implementation Unit PDLMUC - Provincial Department of Land Management Urban, Construction and

Cadaster PDPWT - Provincial Department of Public Works and Transport PMU - Project Management Unit PPTA - Project Preparation Technical Assistance PWSSP - Provincial Water Supply and Sanitation Project PWSSP - Provincial Water Supply and Sanitation Project RF - Resettlement Framework RGC - Royal Government of Cambodia RoW - Right of Way RP - Resettlement Plan SPS - Safeguard Policy Statement TCD Town Center Drainage WWTP - Wastewater Treatment Plant

NOTE In this report, "$" refers to US dollars.

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This due diligence report is a document of the borrower. The views expressed herein do not necessarily represent those of ADB’s Board of Directors, Management or Staff, and may be preliminary in nature.

In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area.

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TABLE OF CONTENT

I. INTRODUCTION ............................................................................................................................................ 1

A. Background of the Provincial Water Supply and Sanitation Project ................................................................ 1

B. Proposed Siem Reap Wastewater Subproject .................................................................................................. 1

C. Actual Pipeline Construction ............................................................................................................................ 3

D. Construction for Pipe Jacking Working Pit ....................................................................................................... 4

E. Rationale for Due Diligence .............................................................................................................................. 5

II. DUE DILIGENCE FINDINGS ............................................................................................................................. 5

A. Land Acquisition and Impact Screening ........................................................................................................... 7

Permanent Land Acquisition ................................................................................................................................ 7

Temporary Land Acquisition ................................................................................................................................ 8

B. Structures and Trees Affected .......................................................................................................................... 8

C. Public Facilities Assets ...................................................................................................................................... 8

D. Temporary Disturbance.................................................................................................................................... 8

E. Assessment of Resettlement Impacts .............................................................................................................. 9

III. CONSULTATION, PARTICIPATION AND DISCLOSURE .................................................................................... 10

A. Consultation and Participation ...................................................................................................................... 10

B. Customer Perception Review ......................................................................................................................... 12

C. Information Disclosure ................................................................................................................................... 15

IV. GRIEVANCE REDRESS MECHANISM .......................................................................................................... 15

V. IMPLEMENTATION SCHEDULE ...................................................................................................................... 19

VI. CONCLUSIONS AND RECOMMENDATIONS................................................................................................ 1

Appendix 1: Consultation Meeting with Local Authority and Relevant Departments from 28 to 31 May 2019 ..... 3

Appendix 2: Overview and Summary of Public LAR Consultation Meeting (May 2019) ...................... 6

Appendix 3: Attendants List of Public Consult Meeting from 28 to 31 May, 2019 ................................................. 0

Appendix 4: Overview and Summary of Public LAR Consultation Meeting (December 2019) ........... 2

Appendix 5: Attendants List of Public Consult Meeting from 20 December, 2019 ................................................. 5

Appendix 6: Consultation Meetings with Local Authorities & Relevant Departments (September 2018) .............. 6

Appendix 7: Attendance List of Consultation meeting from 12 – 14 September 2018 ........................................... 9

Appendix 8: Land Acquisition and Resettlement Screening & IR Project Category ............................................... 10

Appendix 9: Potentially Affected Businesses near Working Pits – originally proposed and modified current situation ............................................................................................................................................................... 12

Appendix 10: Public Information Booklet ............................................................................................................. 17

Appendix 11: Land lease agreement..................................................................................................................... 28

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Appendix 12: Summary and Analytical Tables of the Customer Perception Review ............................................. 30

Appendix 13: Pictures from the consultations, house-to-house discussions, Customer Perception Review, May to

December 2019 .................................................................................................................................................... 35

List of Figures Figure 1 : Locality Map of Proposed Interceptor Sewer .......................................................................2 Figure 2: Structure of NP Slurry Pipe Jacking Machine .......................................................................4 Figure 3: Road classification in the sub-project .....................................................................................5

List of Tables

Table 1: 9 businesses, mitigation, and result .........................................................................................6 Table 2: Temporary land use by the contractor .....................................................................................8 Table 3: Summarized LAR Assessment .................................................................................................9 Table 4 : Schedule of Consultation/Stakeholder Meetings Conducted ........................................... 11 Table 5: CPR sample along the narrow section of the road, October 2019 ................................... 12 Table 6: Household members in residences ....................................................................................... 12 Table 7: Staff members in businesses ................................................................................................. 12 Table 8: Summary table of minimum, maximum, and average income and expenditure of households ............................................................................................................................................... 13 Table 9: Respondents’ concern over construction activities prior to start of construction ........... 13 Table 10: Respondents’ requested conditions from the project ....................................................... 14 Table 11: Provincial Grievance Redress Committee (PGRC) .......................................................... 16 Table 12: Local Entry Points for the Project-Specific GRM .............................................................. 16 Table 13: Summary of Complaints Received August 2019-January 2020 ..................................... 17

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I. INTRODUCTION

1. This report updates the Due Diligence Report (DDR) report for the Siem Reap Wastewater Subproject part of the Provincial Water Supply and Sanitation Project (PWSSP). It takes into account the Detailed Engineering Design report (February 2019), site visits conducted in May-June 2019 by the social safeguard and resettlement specialist (following the issue of the notice to commence construction on 10 April 2019), agreed changes to the number of working pits in August 2019 and adjusted locations of certain working pits in response to comments from local residents, as well as consultation and monitoring activities by the social safeguard and resettlement specialist up to December 2019.

A. Background of the Provincial Water Supply and Sanitation Project 2. The aim of the PWSSP is to improve and expand urban water supply in selected towns, and wastewater and septage management services in the same towns in order to contribute to the Government's targets for urban water supply and effective urban sanitation. The PWSSP combined outputs include: (i) water supply systems improved and service coverage increased through the development of new water supply intakes and treatment facilities, replacement of old water mains, and expansion of the distribution network; (ii) septage management and sewerage services provided through the provision of septage collection and treatment facilities and the development of expanded sewerage systems and replacement of old underperforming wastewater infrastructure ; and (iii) project implementation and operation and maintenance (O&M) developed to complement ongoing institutional development and capacity building in procurement, financial management, and governance. 3. The PWSSP will extend water supply coverage and treatment in Battambang, and Kampong Cham, sanitation coverage and wastewater treatment capacities in Battambang, and improved septage management in Kampong Cham. The project will also provide for the replacement of the failed interceptor sewer Siem Reap City. This updated Due Diligence Report covers the last subproject in Siem Reap.

B. Proposed Siem Reap Wastewater Subproject

1) Existing and Replacement Infrastructure

4. The existing 3.7 km long pipeline was designed and installed to collect waste and rain water from the center of Siem Reap over an area of 2.4 km2 to the sewage pump station at Wat Chork. This pipeline is made of glass fiber reinforced plastic pipes with diameters of 600 mm and 700 mm. The pipeline has failed and collapsed at five locations between 2011 and 2014 and at two more locations since. Based on the recent geotechnical investigations and test pit excavations, the cause of failure is highly likely to be a combination inadequate compaction during backfilling of the trench and poor quality pipe material. At present, the pipeline is not functioning, preventing wastewater in a central part of the town from reaching the pump station and ultimately the wastewater treatment plant. 5. From a social or community perspective, the periodic settling or collapsing of the road is a traffic hazard and a public safety risk. The blocked sewage pipeline overflows to the adjacent irrigation canal at a number of locations which too is a public health risk. 6. The purpose of the Siem Reap subproject is to replace the existing interceptor sewer with a stronger 1,000 mm diameter pipeline and thereby not only enable it to function again but also improve the urban environment though reduction of the above-mentioned hazards. The project area includes Sivatha Road from the intersection with National Highway 6 to the Y-junction and roundabout near Pokambor Avenue then along the narrow BBU Road to the main pump station (see Project locality map below). The road goes through the city’s bustling central

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street (Central Market and Old Market), intersects the town center drainage channel and drains on both sides. A locality map showing the alignment of the proposed interceptor sewer is presented in Figure 1.

Figure 1 : Locality Map of Proposed Interceptor Sewer

2) Construction Method Options Considered 7. An options study on construction methods and choice of pipe material was conducted as part of the project preparations: The highly relevant and pertinent aspect from the study was the evaluation and selection of the method of construction; specifically, open trenching or trenchless technology. Under the former, shallow and deep trenching were also compared. 8. Shallow trenching would necessitate at least one extra pump station to be built, which would add to operating costs and also possibly would require the purchase of additional land – which is not easy as the pipeline alignment is through the busy commercial area of the city. On the other hand, a deeper pipeline, up to 10 m in depth, would allow gravity flow and could possibly be more cost effective when life-cycle costs are considered. However, the use of an open trench has some significant disadvantages including high cost of sheet piling over typical open trench sections of 50 m to 100 m at a time, dewatering (shallow water table), ensuring adequate compaction of bedding material and backfill to support the pipe (main cause of existing pipeline failure), operating in a deep trench, unavoidable lengthy road closures, possibly restricting property access, and disruption and impairment of the main tourist center and associated business activities for extended periods would be added concerns. The trench would be approximately 2 m wide and construction corridor would need to be 4 m to 5 m to enable staging and construction vehicle maneuvering. 9. The alternative trenchless technology eliminates, or at least minimizes, several of the adverse impacts of the open trench method. Two technologies were considered at project planning; pipe bursting, and micro-tunneling with pipe jacking. The former technique involves cutting and bursting the existing pipe. This is achieved by cutting, fragmenting and dispersing the existing pipe material and then drawing a bursting the cavity with new pipe being pulled along thus in effect replacing the old pipe. The operation is carried out typically in 100 m

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sections at a time. Therefore, using this technique, the new sewer pipeline alignment would coincide with that of the old. 10. The micro-tunneling and pipe jacking technique involves drilling through the soil and rock with s boring machine then thrusting or jacking the new pipes behind the boring machine head. The excavated material is piped back to the jacking shaft in as a slurry, and drilling mud (mix of water and clay) is used to cool the drilling head. With this method the range of each section could vary depending on the size of the jacking machine, but typically 100 m to 200 m for pipes of 1,000 mm or smaller. 11. Both trenchless methods described above require large working pits for the sending and receiving of the pipes; the cutting head and pipe pulling machine for pipe bursting method and drilling head//pipe jack for the micro-tunneling method. 12. The advantages of trenchless methods over open trenching include significantly faster construction time and so less disruption time for local residents, reduced noise 0F1 during working pit excavation compared along entire pipeline route, and watering is confined to the working pits versus the full trench length. Trenchless technology will not eliminate traffic restrictions but will significantly reduce it. Restrictions to a single lane at work pits along the narrow road will slow traffic but vehicles will still be able to still access properties. The trenchless method will generate far less spoil stockpiles than conventional open trench installation. 13. A specific advantage of the micro-tunneling and pipe jacking option is that it will be along a parallel but slightly different alignment. This will provide as flexibility to move manholes and working pits should there be a need. This opportunity is not available with the open trenching or pipe bursting methods. Given the narrow streets and bustling commercial zone this will be a major plus for the pipe jacking method. 14. The subproject environmental management plan (EMP) incorporates provision for the safe and environmentally acceptable handling, transport and disposal of contaminated soil and septage and fecal matter removed from the old pipeline to the spoil area as approved by local authority or relevant provincial department in the city.

15. Under the subproject, support will be given to communities for a range of activities to be in line with the objectives of the project. This will include (i) local area environmental improvements, through promoting the use of household and community level sanitation and drainage facilities, (ii) stakeholder consultation and public participation to raise awareness and provide organizational support to implement the awareness programs, (iii) support to municipality authorities in facilitating sanitation and hygiene behavior change leading to significant health and hygiene benefits, and (iv) the management and operation public sanitation facilities. A web-based reporting system (adopting a previous system (The World Bank)) will be utilized to assist in identifying and reporting water supply problems such as burst pipes, water leaks, and sewer surcharges and overflows.

C. Actual Pipeline Construction

1) Contractor’s Selected Construction Method

16. The successful contractor responsible for the replacement of the interceptor sewer in Siem elected to use the micro-tunneling and pipe jacking method of pipeline construction. As such it is the first use of this technology in Cambodia and so there is a learning curve on its application and indeed how to manage the community engagement and consultation aspects. A design and build modality was adopted for the execution of the contract.

1 Noise is primarily associated with sheet piling driving and excavation. Boring and pipe jacking is a low noise

operation dampened by the tunnel and the machine being 5-9 m below ground). As open trench requires sheet

piling for the entire length of the pipeline the noise impact would be more widespread.

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The design was approved in late March 2019 and the effective date for the construction was issued on 1 April 2019 giving the contractor 15 months to complete the works (by mid-June 2020). Although preparations began immediately, construction proper did not start until mid-June 2019.

2) Specification of Pipes and Pipe Jacking Machine 17. XIL ductile cast iron pipes are used to replace the old broken glass reinforced pipes. Pipes are provided in 4.2 m (predominantly) and 2 m lengths and the longer ones weigh 3.7 tonnes requiring a sizable machine to lower it into the jacking pit.

18. Two compact 4.8 m long, 1,200 mm diameter, micro-tunneling machines are being used to bore the pipeline route and typically employ slurry pipe jacking machine to push the pipelines into place. Key features of the machine include laser guided direction controls to enable high precision construction and an independent grouting and water injection system. The drilling speed is up to 12 m per hour under ideal conditions but a more realistic rate is 8 m per hour. The structure of the micro-tunneling machine is illustrated in Figure 2.

Figure 2: Structure of NP Slurry Pipe Jacking Machine

(Source: BUCG,2019)

D. Construction for Pipe Jacking Working Pit

19. Under the original contract 37 new manholes would be built to enable the linking of each existing 37 manhole to the new pipeline and to enable easier maintenance access to the pipeline. However, in August 2019 the number of manhole required was reduced from 37 to 27 in agreement between the PMU and PIU partly through recognition that the old pipeline is beyond repair and should be abandoned, and therefore only those manholes receiving inflow now should be connected. In addition, allowance should be made also for future collector sewer connections. The maximum spacing of 200 m was selected in view of the limitation of the capacity of the jacking machine and also maintenance considerations. This reduction in the number of manholes and therefore jacking pits also provided an opportunity to move manholes and working pits (if need be) to locations less disruptive to local residents in terms of access to their properties.

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20. The working enclosure for each jacking pit is typically 4.5 m wide and 7 m long and the receiving pits are 4.5 m wide by 7 m long. The depths of the pits varies from 3.6 m to 9.0 m (source: BUCG, contractor, 2019).

E. Rationale for Due Diligence

21. Since preparation and submission of adequate social safeguards documents is a condition for ADB's approval of subproject loan and compliance with covenants, the sub-project has to be reviewed in terms of involuntary resettlement and indigenous peoples (IP) impacts. Field validation and due diligence is carried out following completion of the detailed engineering design (DED) in accordance with ADB's 2009 Safeguard Policy Statement (SPS) and the Bank's OM Section F1/OP (January 2010) to confirm that this subproject has no land acquisition or envisioned disturbances and hence does not trigger the involuntary resettlement safeguard, and Indigenous People safeguards.

II. DUE DILIGENCE FINDINGS 22. The proposed rehabilitation of the interceptor pipeline will affect the area along 3.7 km of the Sivatha road. Construction will take place on public land at Sankat Svay Dangkum, Siem Reap Town, Siem Reap province, within the right-of-way (ROW). The corridor of impact (COI) is free of encumbrances. This update of the DDR (January 2020) takes into account the Detailed Engineering Design Report (February 2019) and site visits in late May to early June 2019 by social safeguard and resettlement specialist following start of construction by April 1st 2019 and consultation and monitoring activities by the social safeguard and resettlement specialist up to December 2019. 23. The road affected by the sub-project, refer Figure 3 has been subdivided into four distinct sections with the following characteristics:

a. Urban road and business areas (MH1-MH9), road width: 20 meters b. Narrow road and business area (MH9-MH12); road width: 4.5-5 meters c. Urban road/area (MH12-MH22); road width: 10-12 meters d. Rural road/area (MH22-MH27); road width: 12-15 meters

Figure 3: Road classification in the sub-project

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24. Site visits and review of design including drawings have been undertaken (May-June 2019) by the contractor, site engineer, and national social safeguards / resettlement expert. They visited the project area, and in particular, the 37 locations selected for working pits in the DED. It was confirmed, based on the DED report and drawings, that the construction is still not affecting any private land. A total of 985 businesses and residential homes were identified along the road with 285 businesses located within 30 meters of the proposed working pits. Of these businesses, nine businesses were at locations where pit construction according to the DED were likely to require temporary business closure either because they were located at a particularly narrow section of the road or because the shop front was located very close to the road and the pit location. 25. These nine businesses are located at six pit locations identified in the DED. Photographs of these nine businesses are included in Appendix 9. Of the businesses, two are located at the narrow section of the road while the others are located at the urban road section. The two pits potentially affecting businesses at the narrow section of the road were eliminated following the joint review of the DED and site visits. The remaining four pits potentially affecting businesses are located at a section of the road with a road width of 10-12 meters. As mitigation, these pits were moved as detailed in Table 1below either along the road or away from the business to allow enough space for access to the shop during construction. Furthermore, traffic management measures were agreed including: Preparation of and implementation of a traffic management plan (TMP) and maintaining uninterrupted access by always keeping at least one lane open.

Table 1: 9 businesses, mitigation, and result

No Business

Name / MH Ref

Location Mitigation action Impact result Pit

construction period

Consultation date

1 Storage and Vehicle Parking Service MH=17

N:1321.047 E:10351.089 (narrow road)

Manhole and pit eliminated

Impact avoided Not constructed

1st

May 2019 2

nd Dec 2019

2 VYRINMA, Product supply from Thailand MH=18

N:1321.00 N:103.51.021 (narrow road)

Manhole and pit eliminated

Impact avoided Not constructed

1st

May 2019 2

nd Dec 2019

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3 Gas Shop MH=20 / 13

N: 13.21.000 E: 103.51.021 (urban road)

Moved manhole and pit 2 m along road; more vigilant traffic control

Enough space for access to the shop provided; no effect on business operation

October-ongoing

1st

May 2019 2

nd Dec 2019

4 Pharmacy Vichai MH=21`/ 14

N: 13.20.914 E: 103.50.888 (urban road)

Moved manhole and pit 1.5-2 m across road, away from shop; more effective traffic management

Enough space for access to the shop provided; no impact on business operation

October-ongoing

1st

May 2019 2

nd Dec 2019

5 Delicious Noodle Soup Board Angkor 2 MH=21 / 14

Moved manhole and pit 1.5-2 m across road; more effective traffic management

Enough space for access to shop provided; no impact on business operation

October-ongoing

1st

May 2019 2

nd Dec 2019

6 Traditional Medicine SAMUNPRAI Black oil MH=21 / 14

Moved manhole and pit 1.5-2 m across road; more effective traffic management

Enough space for access to the shop provided No impact on business operation

October-ongoing

1st

May 2019 2

nd Dec 2019

7 Panda Angkor Inn Guesthouse MH=24 / 15

N: 13.20.885 E: 103.50.723 (urban road)

Move manhole and pit 5 m along the road; more effective traffic control

Adequate access to shop provided; no impact on business operation

November-ongoing

1st

May 2019 2

nd Dec 2019

8 Grocery Shop MH=31 / 22

N: 13.20.656 E: 103.50.303 (urban road / rural road)

Move manhole and pit 2 m away from the shop; more effective traffic management

Enough space for access to the shop provided No impact on business operation

July-September

1st

May 2019 2

nd Dec 2019

9 Grocer Shop Mith Laor MH=31 / 22

Move manhole and pit 2 m away from shop; more effective traffic control

Enough space for access to the shop provided; no impact on business operation

July-September

1st

May 2019 2

nd Dec 2019

26. In order to mitigate the potential impact to these nine businesses the following alternatives were analyzed: Reduction in the number of working pits, changing the alignment of the pipe, and changing the location of the specific pits. The mitigation measures agreed upon between the PIU and contractor included a combination of the above measures, namely reduction in the number of working pits from 37 to 27, changing the alignment of the interceptor to increase distance between the plot boundaries and the pit and thereby allow access, changing the location of the pit to a less problematic location. Refer Appendix 9 for an overview of the original sites and photographic evidence, including prior to construction and as of January 2020. 27. As per EMP, the contractor is required to use warning signs and signals, maintain uninterrupted access by keeping at least one lane open (EMP Mitigation Plan, point 3-5), prepare and implement a traffic management plan (EMP Mitigation Plan, points 40-43), implement dust management measures including water spraying, covering loads, daily cleaning of roads, and visual inspection (EMP Mitigation Plan, points 8-15), implement noise mitigation measures including use of temporary wall around construction area (EMP Mitigation Plan, points 16-18) .

A. Land Acquisition and Impact Screening

Permanent Land Acquisition 28. There is no permanent land acquisition associated with the sub-project. The alignment of the new interceptor follows the existing alignment located below the existing road surface. As the new pipeline follows the existing alignment the construction works will remain on public land and within the ROW. Between the excavation pits, the road surface above the interceptor

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pipeline will remain unaltered. Where excavations occur to open up the access and reception pits, reinstatement to the levels and road surface finish will conform to the situation prior to the works.

Temporary Land Acquisition 29. For temporary land use by the Contractor outside the construction area, e.g. for storing equipment, materials, machinery and vehicles, etc. the contract for civil works includes the following provisions: (a) contractor to pay rent for any land required for construction work space outside of the ROW; (b) to the extent possible, only idle land will be used as construction work space to avoid disruption to households and business establishments; and (c) temporary use of land will be restored or improved to its pre-project condition. The PMU, assisted by the design and implementation support consultants (DISC), will review any written agreement with the owner, payment records, and disbursement of payments to ensure proper monitoring and compliance with the Project’s resettlement policy as detailed in the project resettlement framework (RF). The Table 2 below presents temporary land use by the contractor. The land used during construction will be restored and returned after completion of construction.

Table 2: Temporary land use by the contractor

Item Description

1 Storage Facility

Ductile iron pipes will be stored at Siem Reap Wastewater Treatment Plant (WWTP)

Date: 1st Week in April 2019 Agreement by PIU and contractor without payment.

2 Material Storage

Other materials will be stored at pump station office near Wat Chork (1st location,)

Date: 2nd Week in April 2019 Agreement by PIU and contractor without payment.

3 Material Storage and Casting Yard

Rental private land 1 year with rental contract agreement with owner. Rental Agreement, Date 01, May 2019 to 01, May, 2020

B. Structures and Trees Affected

30. The PPTA (2017) did not identify any impact to primary or secondary structures and trees. This has been confirmed by the site visits and review of design conducted in connection with the update of the DDR.

C. Public Facilities Assets

31. Based on the site visits and review of design conducted in connection with the update of the DDR, some public assets will be affected during the civil work in association with the working pit. These include: electric pole (2), electric line (3 places), electric underground cable, drainage (3), water supply pipe (underground) and telecommunication line (underground). The contractor will be fully responsible for the removing, rebuilding, reinstallation and maintenance of affected public assets in accordance with the EMP and the contract. In addition, the contractor should work together with the relevant departments to ensure that any expected disruption to public assets will be communicated prior to construction.

D. Temporary Disturbance 32. Based on the site visit and review of design conducted in connection with the update of the DDR some work pits may potentially result in temporary damage to pavement and driveways. As per EMP, the contractor is responsible to reinstate any damaged pavement and driveways.

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33. The temporary disturbance is occurring during construction for working pits (27 construction pits along the 3.7 km of road). During the update of the DDR, the disturbances have been identified to include traffic jams around the working pits locations, temporary access reduction from seven access roads during construction for the working pits, reduced access by a reduction in traffic lanes available for vehicles, and fewer parking spaces available along the road due to working pits and construction site perimeter. In order to minimize disturbances various mitigation measures are used by the contractor including the following: preparation of and implementation of a traffic management plan (TMP), maintaining uninterrupted access by always keeping at least one lane open, minimizing actual pit construction period for each pit to a duration of 2-3 months1F2, siting of pits has been carefully reviewed and in some instances changed so as to maintain access to the road from houses along the road. The contractor, site engineer, and the Social Safeguards and Resettlement Specialist are monitoring the situation closely to ensure temporary disturbances do not evolve into impacts. The Social Safeguards and Resettlement Specialist has as of May 2019 identified 985 businesses and residences along the road that are consulted and monitored with respect to construction disturbances.

E. Assessment of Resettlement Impacts

34. A summary of the land acquisition and resettlement (LAR) assessment is presented in Table 3 below. The assessment indicates that there are no private assets affected, and therefore no affected households and/or users of assets for the subproject. More details are given in the LAR fact finding and screening presented in Appendix 8.

Table 3: Summarized LAR Assessment

Item Description

1 Loss of land No cases of temporary or permanent land acquisition.

2 Loss of houses / store/ shop/ structures

No cases of impact on primary/secondary structures on private land.

Within ROW all temporarily damaged road access points for properties will be reinstated by the contractor as part of construction work once the road sealing and restoration works begins. Note that actual access to properties is maintained throughout the construction period.

3 Loss of crops No cases of impacted crops.

4 Loss of trees No cases of loss of trees.

5 Loss of utility services / natural or cultural resources

No cases of loss of services and resources.

6 Loss of Income

No businesses are required to close or relocate due to construction activities. No business operation is disrupted. Daily access is provided by the Contractor in accordance with the EMP (EMP Mitigation Plan, points 3-5 & 40-43) and the Contract.

7 Relocation No cases of relocation.

8 Vulnerability support No cases of physical or economic displacement.

35. The update of the DDR for the Siem Reap Wastewater Subproject takes into account the DED Report (February 2019) and site visits conducted in May-June 2019 by the Social Safeguard and Resettlement Specialist following the start of construction on 1 April 2019, agreed changes to the number of working pits and adjustment of location of certain working pits,

2 The pit construction works is completed within the period and the pit closed with the exception of man-hole

cover and leakage test. As the man-hole covers have not arrived, the manholes have been raised over the ground

and fenced off as a public safety measure.

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as well as consultation and monitoring activities by the Social Safeguard and Resettlement Specialist up to December 2019. The PPTA (2017) and site visits and consultations in September 2018 did not identify any resettlement impacts resulting from the subproject. This has been confirmed by the site visit and review of the design conducted in connection with the update of the DDR. Temporary disturbances resulting from the subproject are managed and monitored closely and include the following: sidewalks, pavements, and driveways damaged during the construction are reinstated by the Contractor and disruption of traffic flows are managed to minimize disruption (as outlined above). 36. As per Resettlement Framework (RF) of the project GDR would be required to undertake a review of the DDR update, prepare a confirmation letter or report documenting any modifications on any resettlement aspects and submit to ADB for no objection. However, due to the project being IR impact category C, GDR has no direct role to play in the project. Therefore, the project management unit (PMU) and PIU will be required to undertake the review of the DDR update, prepare a confirmation letter or report documenting any modifications on any resettlement aspects and submit to ADB for no objection.

III. CONSULTATION, PARTICIPATION AND DISCLOSURE

A. Consultation and Participation 37. The relevant stakeholders, agencies, and local authorities, villages who are involved in/ affected by the proposed project include:

Provincial Department of Siem Reap province: Provincial Department of Public Works and Transport Provincial Electricity of Siem Reap Provincial Department of Water Resources and Meteorology Provincial Department of Posts and Telecommunications Provincial Department of Environment

Sangkat Authorities & Village Leaders (Commune & Villages) Sangkat Svay Dangkum (Svay Dangkum Commnue) Mondol Muoy village Mondol Pir village Vihear Chen village Thmei village Phnhea Chey village Stueng Thmei village

Households and businesses along the road for the subproject wastewater interceptor alignment

38. On a monthly basis the National Social Safeguards and Resettlement Specialist conducts the following consultation activities: (i) unaccompanied site visit and observations, house to house consultations and interviews (when required) with potentially affected households and businesses, especially near working pits and construction sites; (ii) consultation with local authorities including chief of commune and chief of village; (iii) discussion with the Chairman and Vice Chairman of the PIU on current situation of construction and associated potential impacts, information on grievances lodged; (iv) consultation with the contractor including the contractor focal point for community relations about the progress and associated potential impacts; and (v) site visit and observations accompanied by contractor and site engineer. 39. Consultations took place at PPTA stage (2017), conceptual design stage (2018), in the detailed design phase (May 2019), and during construction (December 2019). These consultations ensured that attending officials, village representatives, households and families were kept informed about the subproject in general and LAR aspects in particular. House to

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house consultations with the local residents and interviews with Sangkat Councils and relevant provincial department were held during field visits in September 2018. 40. First public consultation was conducted during detailed design and construction (May 2019) as village meetings. The consultation provided households and other stakeholders (a) information about subproject scope and design (policy, resettlement framework, expected impacts, GRM, mitigation measures and construction schedule), and (b) opportunities to participate in the design and impact mitigation process. The information was provided through public meetings led by PIU, commune authorities and/or committees, as required in the consultation and participation section of the RF. 41. Second public consultation was conducted during the DDR update. The National Social Safeguards and Resettlement Specialist conducted round of consultations from 28 to 31 May 2019 as shown in Table 4. These included (1) house to house consultation with residents of the subproject area (33), (2) face to face interviews with chief of Sangkat, Sangkat councils and chief of village, (3) public consultation meeting with Sangkat, chief of all village (Svay Dangkum Sangkat), relevant provincial department and households along the road (33 participants). The consultation covered six villages and 14 village leaders/ chiefs in Sangkat Svay Dangkum. The consultation with the villages was convened by the chief of commune/sangkat, who invited all the chiefs of the villages in the Sangkat Svay Dankum to join the consultation. The consultation meetings provided the local authority, relevant departments and the households detailed information of the project, resettlement framework (including entitlement), Provincial Resettlement Sub-committee, GRM and how complaints are filed and processed. The consultation was also focused on the disclosure of key information about the subproject, such as subproject activities during civil work stage, schedule, scope of work, and impact mitigation and disturbances during construction. A schedule of consultations and meetings oncducted is summarized in Table 4. 42. Based on the consultations the key concern the affected communities reported was difficult access to properties along the road and heavy traffic after start of the construction. This is mainly due to the road being narrow, especially from the MH 9 to MH 12. According to the community perception review, 85% of concerned persons are businesses. The participants in the consultations suggested the project to speed up the construction, prepare better method for traffic management, provide enough space for access for shops/stores, provide detour and not to close the road during the construction. They also suggested to move the working pit from in front of shop/store to a more suitable location (Refer Table 1 for an overview).

Table 4 : Schedule of Consultation/Stakeholder Meetings Conducted

No. Organization/Departments Venue meeting Date Time # of

Participants

1 Sangkat Svay Dankum Sangkat Svay Dangkum

28 May 2019 2:30 pm 18/ F=2

2 DPWT DPWT’s Office 29 May 2019 2:30 pm 8/F=1 3 Electric of Siem Reap EDC SR’s

Office 30 May 2019 9:30 am 6 / F=1

4 Provincial Department of Water Resources and Meteorology, SR

PDWRM’s Office

30 May 2019 3:30 pm 6 / F=1

5 Department of Posts and Telecommunications, SR

DPTC’s Office 31 May 2019 10 :00 am 4 / F=0

6 Department of Environment, SR DE’s Office 31 May 2019 9:00 am 4 / F=0 7 Public Consultation Meeting Chork pagoda 31 May 2019 2:30 pm 33 / F=11

Total 79 / F=16

The list of persons met, and photos are attached as Appendix 1 and the detailed attendance list of each meeting session in Appendix 3.

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B. Customer Perception Review A Customer perception review (CPR) was conducted in October 2019. The CPR included a sample of 100 local business owners and residents along the narrow road section. The survey team also consulted local authorities and other relevant stakeholders. The purpose of the CPR was to identify concerns, comments, and suggestions of the businesses and residents with respect to the sub-project implementation before the start of construction at the narrow road section. The overview of the concerns reported by the households and businesses in the survey were used in order to minimize, mitigate and avoid the impacts related to their concerns and – where possible – to follow their suggestions. The results were discussed with the Contractor and used to prepare a presentation to the provincial governor about the construction method and how best to avoid impacts during construction. The presentation included steps on how to manage and minimize the impact at the narrow road section, especially with respect to the business owners along the road. The full set of summary and analytical tables of the CPR are presented in Appendix 13, while only the key tables are presented below. 43. The CPR sample selected for different types of respondents and businesses located along the narrow road as presented in Table 5.

Table 5: CPR sample along the narrow section of the road, October 2019

No Respondent/Business Type Number/Respondent Percentage (%)

1 Sub-Village Chief (Vihea chen) 1 1.00 2 Hotel (with restaurant) 6 6.00 3 Grocery Store 8 8.00 4 Service Provider 9 9.00 5 Restaurant 11 11.00 6 Residential 14 14.00 7 Shop 51 51.00

Total 100 100.00

44. Eighty one percent of the respondents were female. 83% of the respondents were renting their shop or residence, while 17% respondents reported that they were owners of the property. The household members and staff in residences and businesses were reported as presented in the tables below. The households interviewed have a total of 174 male members and 260 female members. The businesses interviewed have a total of 98 male staff members. See Table 6 and Table 7 respectively for male/female breakdown of domestic and commercial properties interviewed.

Table 6: Household members in residences

Member Minimum members

Maximum members

Average Total HH members

Family Member (Male) 1 4 2 174 Family Member (Female) 2 5 3 260

Table 7: Staff members in businesses

Member Minimum staff Maximum staff Average Total staff

Staff (Male) 1 9 2 98 Staff (Female) 1 9 2 101

45. The respondents reported monthly incomes between USD 450 to USD 8,000 per month, and expenditure between USD 400 to USD 7,500. The average monthly income was approximately USD 2,900 while the average monthly expenses were approximately USD 2,600.

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Refer Table 8.

Table 8: Summary table of minimum, maximum, and average income and expenditure of households

Economic Activity

Minimum (USD) /month

Maximum (USD)/ month

Average (USD)/month

Total (USD) per year

Income 450.00 8,000.00 2,861.00 237,450.00

Expense 400.00 7,500.00 2,633.00 218,550.00

46. Most of the concerns reported by the respondents focused on disturbances from construction in front of or around their business location, such as heavy traffic and difficulties with access to properties during construction and associated concern about reduction of income and customers during the construction period and also worry about paying their rent and monthly expenses and other disturbance with noisy, environment, construction activity and schedule, accident at night time, etc. The concerns reported are presented in Table 9.

Table 9: Respondents’ concern over construction activities prior to start of construction

What concerns do you have over the upcoming construction activities?

No. of responses

% of responses

Traffic management 157 28.3

Access road 14 2.5 Disturbance by difficult access road and traffic jam 65 11.7

Difficult parking 1 0.2

Traffic jam 62 11.2 No parking space 15 2.7

Environmental issues 38 6.9

Accident during night-time 1 0.2

Environment 9 1.6 Broken road 27 4.9

Noise 1 0.2 Contractor performance 76 13.7

Construction material not properly stored 14 2.5 Construction too slow 20 3.6

Construction time 7 1.3

Construction delay 34 6.1

Work not conducted responsibly 1 0.2 Impact of construction on income 283 51.1

Worry about bank/rent payment during the construction 76 13.7

Worry about daily expenses during construction 16 2.9

Reduction in customers 36 6.5 Reduction in income 76 13.7

Worry about balance of monthly expenses and income 73 13.2

The tourists complain over difficult access road 6 1.1 TOTAL 554 100

Note: Open-ended question where the respondents were allowed multiple answers.

47. The CPR also collected suggestions and conditions from the respondents, which covered the following areas: (i) traffic management 59% of responses, i.e. manage the traffic; provide enough space for access roads, propose detour roads around the construction site, provide parking reservation, (ii) environmental issues 12%, i.e. avoid and minimize dust during construction, avoid noisy construction at night time, (iii) contractor performance 16%, i.e. speed

14

up construction, limit days of construction, reestablish the road to the same condition, manage and store construction material properly, (iv) consultation and community liaison 5%, i.e. project to inform the households and businesses in advance and give one month advance notice of construction, respect the local people and household along the road site of project, provide an urgent contact point when there are comments or suggestion, and conduct consultation. Furthermore, close to 7% of the answers from the respondents required that the project should provide compensation if a shop or store would have to close due to construction activities. Table 10 presents the conditions reported by the respondents. 48. The findings of the CPR with respect to the perception of the sub-project from the business owners and residents along the road site was generally positive, and respondents felt the subproject would benefit the community by solving the current problems with wastewater collection and management, and poor road condition. Close to 60% of the conditions reported by the respondents concerned traffic management. More than half of the reported concerns over the upcoming project related to the impact of the construction activities on the income. In comparison close to 7% of the answers from the respondents required that the project should provide compensation if a shop or store would have to close due to construction activities.

Table 10: Respondents’ requested conditions from the project

What conditions do you think the construction project should apply?

No. of response

s

% of response

s

Traffic Management 310 59.3%

Access road to be ensured 63 12.0%

Allow only one-way direction 1 0.2% Detour roads provided 75 14.3%

Enough space provided for access road 12 2.3%

Parking reservation 49 9.4%

Traffic Management 80 15.3% Traffic Signs provided 30 5.7%

Environmental issues 63 12.0%

Avoid dust during construction 36 6.9%

Avoid noisy construction at nighttime 27 5.2% Contractor performance 86 16.4%

Construction material management 13 2.5%

Limit days of construction 19 3.6%

Reestablish to the same road condition 14 2.7% Speed up construction 40 7.6%

Consultation and community liaison 28 5.4%

1-month advance notice of construction 1 0.2% Consultation 2 0.4%

Inform us in advance 16 3.1%

Respect us 6 1.1%

Responsible while working 1 0.2% Urgent contact number provided 2 0.4%

Compensation 36 6.9%

Compensate if shop or store closure is required 36 6.9% Total 523 100 Note: Open-ended question where the respondents were allowed multiple answers.

49. The findings of the CPR were used to prepare a plan to minimize and avoid the impacts prior to the start of construction in the narrow section. The plan was prepared in discussion with

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the contractor and a presented to the provincial governor. The presentation included issues on how to manage and minimize the impact at the narrow road section, especially with respect to the business owners along the road. The mitigation measures in the plan included:

a. Provide relevant construction information prior to start of construction b. Pay attention to social impacts associated with construction activities c. Provide enough space for access road and traffic management d. Ensure that the road is not closed by always providing at a minimum one-way

traffic e. Ensure that no shop or business is required to close due to construction and

can maintain normal opening hours f. Record and follow suggestions by businesses and shops to move the working

pit in front of their business location g. Conduct house to house consultation before and during construction h. Distribute PIB to inform all the household and businesses along the road about

the project, including a contact number for urgent matters and a construction schedule

i. Speed up construction (target 2-3 months for each section) j. Store the construction material properly k. Appoint person(s) from Contractor as the site safety responsible l. Record all complaints, and follow up with addressing the complaints

C. Information Disclosure

50. Relevant project information has been provided to the households through the distribution of project information booklet (PIB) in local language in December 2019. PIB will be updated and re-distributed to the households with addition of the Entitlement Matrix and Complaints Form. Consultations will also be conducted that will re-explain the EM, GRM, complaints-form and log-book and further provide the households and businesses updates on the progress and timeline for construction including trench stabilization and road resealing. The semi-annual safeguards monitoring reports will be uploaded in the ADB and Ministry of Public Works and Transport (MPWT) websites; and will be disclosed to households. The monitoring reports will be available at commune offices. 51. During the construction the following information is provided to the communities along the construction area: Informing communities about upcoming construction activities, works schedules, potential negative impacts on environment and management measures, potential impacts on traffic and traffic management measures, and how to use the community grievance line. On a monthly basis the National Social Safeguards and Resettlement Specialist conducts unaccompanied site visit and observations, house to house consultations and interviews (when required) with potentially affected households and businesses, especially near working pits and construction sites and joint site visit with the Contractor and Site Engineer.

IV. GRIEVANCE REDRESS MECHANISM 52. A well-structured and functioning Grievance Redress Mechanism (GRM) has been established at the local level following standard government procedures to resolve grievances and complaints in a timely and satisfactory manner as required under the ADB SPS 2009. GRM objective is to receive and facilitate resolution of complaints or grievances of households and people in a timely fashion following through a process of conciliation; and, if that is not possible, to provide clear and transparent procedures for appeal. 53. A Provincial Grievance Redress Committee (PGRC) has been established for the Siem Reap Province by MPWT on 18 November 2019. PGRC will be in-charge of the GRM for the subproject. The PGRC has the mandate, at the administrative level, to make binding decisions on the resolution of eligible complaints. Details of the PGRC has been included in the PIB, which has been distributed to affected communities during the consultations. The GRM

16

guidelines, including procedures and forms in Khmer language have been included as an attachment to the PIB. The PGRC comprises representatives from the relevant provincial authorities and MEF as follows and their names and contact details are included in Table 11:

• Provincial Governor – Chair • Director of Provincial Department of Land Management, Urban Planning and

Construction – Vice Chair • Director of Provincial Department of MEF – Member • Chief of Provincial Office of Law and Public Security – Member • Municipality Governor – Member • One Representative of Local Based – Member

Table 11: Provincial Grievance Redress Committee (PGRC)

No. Name Position Telephone

1 Pin Prakod Vice Governor, Siem Reap province, Chair 095-666-678

2 Sok Thol Administrator Director, Siem Reap province, Vice Chair 012-902-299

3 Ky Vavin Director, Provincial Department of Public Work and Transport, Seam Reap province, Vice Chair

012-831-385

4 Khud Vudyarith Director, Water Supply Authority, Seam Reap province, member

012-827-474

5 Hen Puthy Vice Director Administrator, Seam Reap province, member 012-931-714

6 Nuon Puthyra Governor, Seam Reap province, member 012-981-515

7 Hy Say Director, Provincial Department of Land Management, Urban Planning and Construction, member

012-569-798

8 Nuon Krisna Director, Provincial Department of Water Resource and Meteorology, member

012-890-133

9 Sok Seyha Director, Provincial Department of Post and Telecommunication, member

012-940-683

10 Sun Kong Director, Provincial Department of Environment, member 012-755-550

11 Ngov Seng Kak Director, Provincial Department of Tourism, member 012-509-008

12 Eung Sophorn Director, Director of Inter-Sector Provincial Department, member

011-876-393

13 Hea Hav Sang Svay Dangkum Chief, member 092-904-199

54. The contact points for the project-specific GRM are presented in the Table 12.

Table 12: Local Entry Points for the Project-Specific GRM

Name and GRM level Organization Position Contact

Mr. Sok Thol, Third level

Siem Reap province Administrator Director (Vice Chair)

Tel: 012-902 299

Mr. Seang Keum Than, Third level

Siem Reap City Hall Administrator Vice Director

Tel: 012 390 571

Mr. Hiep Me, Third level

Project Implementation Unit

PIU, Chair Tel: 012 870 830

Mr. Say Pich Chenda, Third level

Project Implementation Unit

PIU, Vice Chair Tel: 012 851 486

Hea Hav, Second level Svay Dangkum commune

Chief Tel: 092-904-199

Ms. Laing Lenghieng, First level

Contractor Contractor Focal Tel: 098 213 575

Mr. Chan Narith, First level

Project Consultant Office

Social Safeguards and Resettlement Specialist

Tel: 070 566 998

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55. The grievances are handled through a 4 Step formal approach as detailed below and following the approved RF for the Project.

First Step (Village or Commune Level): Complainant can present their complaints or grievances verbally or in writing to the Village or Commune Chief or Contractor and project directly. The Village or Commune Chief will be obliged to provide immediate written confirmation of receiving the complaint and also to advise project. If after 15 days the aggrieved person do not hear from the Village or Commune Chief, or if they are not satisfied with the decision taken by the first stage, they may bring the complaint to the District Office. Second Step (District Level): The District office has 15 days within which to resolve the complaint to the satisfaction of all concerned. If the complaints cannot be solved in this stage, the district office will bring the case to the PGRC. Third Step (Provincial Level): The PGRC meets with the aggrieved party and tries to resolve the complaint. Within 30 days of the submission of the grievance, the Committee must make a written decision and submit a copy of the same to the project, and the aggrieved party. Fourth step (Court of Law): If the complainant does not hear from the PGRC or is not satisfied, he/she can bring the case to Provincial Court. The Court will make a written decision and submit copies to the executing agency. If any party is still unsatisfied with the Provincial Court judgment, he/she can bring the case to a higher-level court. However, MPWT where is the project located are responsible for participating/witnessing in all steps.

56. If efforts to resolve disputes using the grievance procedures remain unresolved or unsatisfactory, the aggrieved party has the right to directly discuss their concerns or problems with the ADB’s Environment, Natural Resources and Agriculture Division, Southeast Asia Department through the ADB Cambodia Resident Mission (CARM). If the aggrieved party is still not satisfied with the responses of CARM, they can directly contact the ADB Office of the Special Project Facilitator. The Office of the Special Project Facilitator procedure can proceed based on the accountability mechanism in parallel with the project implementation. 57. In addition, the grievance redress mechanism dealing with the environmental impacts during construction is established with grievance logs maintained at the contractor’s office and records kept on the grievances received per type and their status. The Contractor Focal Ms. Laing Lenghieng is responsible for community liaison and the Contractor’s main contact point for environmental issues as well as social (refer contact in table above). The information about the mechanism is circulated during consultation events. 58. Within the period of April 2019 to January 2020 the subproject received 10 complaints. The complaints submitted were not submitted in writing and formally but were raised verbally or over the phone by calling the PIU, the Contractor, or the national social safeguards and resettlement specialist, who recorded the complaints and notified the Contractor. Most of the people's complaints focused on reduced accessibility and heavy traffic at the project road, especially during the rainy season. Some complaints suggested the project to move the working pit from the complainant’s shop front and to provide enough space for vehicle access. Complaints also suggested cleaning the road, backfilling, compaction of new soil on the road, as well as traffic management. The complaints received by end of January 2020 are summarized in Table 13.

Table 13: Summary of Complaints Received August 2019-January 2020

No. Summary of Date and Who Required Action, Resolution Current

18

complaint Responsibility and Timing

status of complaint

1

Reduced accessibility and damaged access road

August 2019 _ Resident and business owner

Contractor responded and after 2 days; complaint resolved

_Backfill the broken road _ Open more space the road for easy access _ Traffic Management

Resolved

2

Reduced accessibility and slippery access road

August 2019 _ Business Owner _ Traveler

Contractor responded to Business owner after 1 day; complaint resolved Traveler After 3 days; complaint resolved

Open more space for access road Backfill with stone on the slippery area during raining season traffic management for slippery road/section

Resolved

3 Broken road and difficult access

August 2019 _ Traveler and villager

Contractor responded and after 5 days complaint resolved

Backfill the broken road with soil at broken road

Resolved

4 Backfill without compaction on the access road

September 2019 _ Villager

Contractor responded after 2 days complaint resolved

Back to compact again on the access road

Resolved

5 Remove water truck parking in front of shop

September 2019 _ Business owner

Contractor responded after 1 day complaint resolved

Water truck removed

Resolved

6

Remove construction site from in front of restaurant

November 2019 _ Business owner

Contractor agree to suggestion after discussion

Working pit moved in agreement between Contractor and PIU to allow access to the restaurant as requested

Resolved

7

Traffic jam in front of business located at the narrow section of the road

December 2019 _ Business owner

Contractor responded and after 2 days the complaint was resolved

_ Allow bigger space for access road _ Traffic Management _ Push working schedule construction

Resolved

8

Traffic jam in front of business located at the narrow section of the road

December 2019 _ Business owner

Contractor responded after 2 days complaint resolved

Allow bigger space for access road Traffic Management Push construction work schedule

Resolved

9 Wastewater spill on the road from existing interceptor sewer

January 2020 _ Business Owner

Contractor responded after 2 hours complaint resolved

Cleaning of the road surface; repair the road surface by

Resolved

19

(existing pipe damaged by old sheet pile and sink hole)

removing soil, backfilling, and placing concrete.

10 Wastewater spill on the road from existing interceptor sewer (existing pipe damaged by old sheet pile and sink hole)

January 2020 _ Business Owner

Contractor responded after 1 day complaint resolved

Cleaning of the road surface; repair the road surface by removing soil, backfilling, and placing concrete.

Resolved

V. IMPLEMENTATION SCHEDULE 59. For the Siem Reap interceptor sewer line, the preparation of the design-build documents, document approval and procurement took place in 2019, in order to ensure start of the construction phase in April 2019. 60. The detailed engineering design, supply and installation of ductile cast pipes and construction of civil works (manholes) by the Contractor (winning bidder) will take place over a period of 15 months (450 days) starting from 1 April 2019. The implementation schedule was prepared and included in the DED as presented below.

0

1

VI. CONCLUSIONS AND RECOMMENDATIONS 61. Taking into consideration that there are no adverse impacts on private households, and communal/governmental assets impacted are already available for the subproject the Involuntary Resettlement (IR) Category has been set as C. If LAR impacts are identified at a later stage, the EA will follow the policies and procedures for social impact assessment and preparation of RP as stipulated in the PWSSP’s RF in compliance with the RGC’s laws and regulations and SPS 2009 requirements of ADB on LAR. 62. It is expected that during the construction phase there will be some disturbances that will be experienced by the community on environmental issues. These potential disturbances may include minor access restrictions to properties, businesses and other facilities, as well as construction, heavy traffic and lack of parking induced disruptions to businesses. Mitigation measures are included in the EMP and will be carefully followed upon. In fact, some disturbances have already occurred as recorded in Table 13. The measures approach outlined will be maintained for the remainder of the construction period 63. Following the review of the DED a joint site visit was conducted by the contractor, the site engineer, and the National Social Safeguards / Resettlement Expert. They visited the 37 locations selected for working pits in the final detailed design drawings. It was confirmed based on the DED report and drawings that the construction does not affect any private land or structures. A total of 985 businesses were identified along the road with 285 businesses located within 30 m of the proposed working pits. Of these nine businesses were at potentially problematic locations where pit construction was likely to require temporary business closure as it was located at a particularly narrow section of the road and the shop fronts were located very close to the road. These nine impacts were avoided through reducing the number of pits to 27, changing the alignment of the pipe, and changing the location of the specific pit (as outlined in Table 1). 64. A CPR was conducted in October 2019 to identify concerns, comments, and suggestions with respect to the sub-project implementation before the start of construction at the narrow road section. The findings of the CPR were used to prepare a plan to minimize and avoid the impacts prior to the start of construction in the narrow section. The plan was prepared in discussion with the contractor and a presented to the provincial governor. 65. In order to minimize disturbances various mitigation measures are used by the contractor, including (i) preparation of and implementation of a traffic management plan (TMP); (ii) maintaining uninterrupted access by always keeping at least one lane open; (iii) minimizing actual pit construction period for each pit to a duration of 2-3 months2F3; (iv) location of pits has been carefully reviewed and in some instances changed so as to maintain access to the road from plots along the road. The contractor is required to ensure 24-h access to all houses and businesses, and maintain road open at least one lane for constant traffic. The contractor, site engineer, and the Social Safeguards and Resettlement Specialist are monitoring the situation closely to ensure temporary disturbances do not evolve into impacts. The monitoring of mitigation measures is reported as part of the semi-annual safeguards monitoring. 66. Potential disturbances include temporary land use by the contractor outside the construction area, e.g. for storing equipment, materials, machinery and vehicles, etc. For such land use, the contract for civil works includes the following provisions: (i) contractor to pay rent for any land required for construction work space outside the ROW; (ii) to the extent possible, only idle land will be used as construction work space to avoid disruption to households and business establishments; and (iii) temporary use of land/space will be restored or improved to

3 The pit construction works is completed within the period and the pit closed with the exception of man-hole

cover and leakage test. As the man-hole covers have not arrived, the manholes have been raised over the ground

and fenced off as a public safety measure.

2

its pre-project condition. Also, the contractor will need to ensure the following: (i) barriers are placed in areas where there are excavations, and should be provided with lights during night time; (ii) find temporary detour access road and cooperation with traffic police or flagmen during excavation at each manhole, and (iii) submit an implementation work plan before commencement of civil works. The PMU, assisted by the design and implementation support consultants, will review written agreements with the households, payment records, and disbursement of payments to ensure proper monitoring and compliance with the Project’s resettlement framework policy. 67. Considering the nature of procurement (design and built), the contractor was selected to undertake all the design, supply and installation of the works, including the DED. This updated due diligence report includes detailed assessment of all past impacts, consultation and monitoring activities by the Social Safeguard and Resettlement Specialist till end of January 2020. The DED was finalized in February 2019, site visits were conducted in May 2019 and construction started in April 1st 2019. 68. In case of any unanticipated impacts during the remainder of the construction phase are identified, the MPWT PMU will promptly inform GDR. GDR, with the support of the design and implementation support consultants, will undertake social impact assessment and prepare corrective action plan in accordance with the ADB’s SPS (2009), the RGC laws and regulations and provisions and principles laid out in the project Resettlement Framework. Until such required documents are formulated, approved by government, concurred by ADB, and disclosed, MWPT will not proceed with commencement of the civil works. 69. The following social and environmental safeguard activities are to be implemented under the Siem Reap wastewater subproject during the remainder of the construction phase:

1) Update PIB with GRC contacts: include EM (from RF), complaint form and log-book (translated into Khmer)

2) Organize refresher training to all contact persons listed in PIB for GRC on: project GRM, entitlements, complaint forms, log books, record taking and timely addressing of all complaints

3) Conduct consultation with HHs, including follow-up customer perception review, distribute updated PIBs and re-explain: EM, GRM, complaints-form and log book. Update HHs on project progress and timeline for construction including trench stabilization and road resealing

4) Consult individually all complainants: review complaints, scope of the impact, location of HHs, impact losses if any (against tax records etc.) and preferred mitigation measure / compensation as per RF/EM/EMP

5) Update/Prepare corrective action plan (CAP), including details of the public consultation, individual complaints and action plan and budget for compensation, if required.

6) Obtain ADB approval for CAP 7) Implement CAP 8) Include results of CAP implementation in the next semi-annual report

3

Appendix 1: Consultation Meeting with Local Authority and Relevant Departments from 28 to 31 May 2019 Description Comment, Suggestion and Question Organization: Sangkat Svay Dangkum Location: Siem Reap Provinces Date: 28 May 2019 Time: 2:30 to 4:30 pm Venue: DPWT’s Office Participants: 18 (2 females) Consultation with Sangkat vice-chief and 14 village chiefs of Sangkat Svay Dangkum

o As representatives of the local authority of the community, they are positive towards the project and also willing to support this improved sanitation project.

o They have concerns about traffic management and businesses interruption during project implementation. To avoid traffic issues, the road detouring was suggested to be planned and informed in advance to the people.

o Acceleration of project implementation

works must be taken into account. If possible, this project should be completed as soon as possible.

o The pavement and road must be reinstated

properly after removal or demolition.

Organization: DPWT (PIU) Location: Siem Reap Provinces Date: 29 May, 2019 Time: 2:30 to 4:30 pm Venue: DPWT Office Participants: 8 (1 female) Consultation with Department of Public Work and Transport of Siem Reap province

o The DPWT team was positive towards the project and also willing to support this improved sanitation project.

o The DPWT team suggested to have a strong collaboration between PIAC, Contractor and PIU in order to minimize the impacts and to maximize the quality of the construction work.

o The grievance redress committee should

be created to get/solve any complaint from the people.

o Detailed design drawings must be

submitted to related stakeholders, any update on those drawings must be informed.

o The contractor must request a coordination

meeting with all service providers in Siem Reap including electricity, telecommunication, water supply etc. before starting any excavation work.

o The contractor should also send a request

4

to electricity provider in SR in order to connect with power grid to reduce noise during construction work.

Organization: EDC of Siem Reap Location: Siem Reap Provinces Date: 30 May 2019 Time: 9:30 to 10: 25 am Venue: EDC Office Participants: 6 (1 female) Consultation meeting with Electricity of Siem Reap province

o The EDC team was positive towards the project and also willing to support this improved sanitation project.

o The EDC team was concerned about the interruption in removal of electricity poles and lines which could cause an electricity cutoff during construction work.

o A request letter for project coordination

must be written and sent to EDC of Siem Reap. A clear, detailed engineering drawing and schedule must be attached to that letter.

o The grievance redress committee should

be created to get/solve any complaint from the people.

Organization: Water Supply Authority Location: Siem Reap Provinces Date: 30 May 2019 Time: Venue: SRWSA Office Participants: 6 (1 female) Consultation meeting with Siem Reap Water Supply Authority, Siem Reap province

o The SRWSA team was positive towards the project and also willing to support this improved sanitation project.

o The SRWSA team was concerned about the complication of water supply pipelines located along the project road. During construction, there would be many interruptions due to pipe breaks and reparation works.

o A request letter for project coordination

must be written and sent to SRWSA. A clear, detailed engineering drawing and schedule must be attached to that letter.

o Before starting any excavation work, the

contractor must inform to SRWSA to come and check the pipeline.

o The grievance redress committee should

be created to get/solve any complaint from the people.

Organization: DoE of Siem Reap Location: Siem Reap Provinces Date: 31 May 2019

o The DoE team was positive towards the project and also willing to support this improved sanitation project.

5

Time: 8:45 to 9: 30 am Venue: DoE office Participants: 4 (0 female) Consultation with Provincial Department of Environment of Siem Reap province.

o The DoE team suggested that the project

must be prepared and avoid any problem/complaint about environmental/social impact. The contractor must be responsible for its activities.

o Accelerate the construction work to complete as soon as possible as there are many businesses along the project road.

o A request letter for project coordination must be written and sent to DoE. A clear detailed engineering drawing and schedule must be attached with that letter.

o The DoE team suggested to have a strong

control on the working quality of the contractor as current pipeline is collapse. The safety issue also must be considered.

o The grievance redress committee should

be created to get/solve any complaint from the people.

Organization: DPTC, SR Location: Siem Reap Provinces Date: 31 May 2019 Time: 10:00 to 11:00 am Venue: DPTC Office Participants: 4 (0 female) Consultation with Provincial Department of Post and Telecommunication of Siem Reap province.

o The DPTC team was positive towards the project and also willing to support this improved sanitation project.

o As there are various optical cable lines located along the project road. The DPTC team was concerned with risk of interruption during construction work implementation, especially along the Sivatha road.

o A request letter for project coordination

must be written and sent to DPTC. A clear, detailed engineering drawing and schedule must be attached to that letter.

o The grievance redress committee should

be created to get/solve any complaint from the people.

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Appendix 2: Overview and Summary of Public LAR Consultation Meeting (May 2019)

Public Consultation Meeting

Pre-public consultation meeting with local authorities and communities Provincial Water Supply and Sanitation Project (PWSSP)

Date: 31 May, 2019 Time: 2:30 to 4:30 pm Location: Wat Chork Pagoda, Sangkat Svay Dangkum, Siem Reap province. Participants: 33 (11 females)

Agenda

I. Consultation meeting was chaired by Chief of Sangkat Svay Dangkum. II. Presentation by Mr. Hea Hav, Chief of Sangkat Svay Dangkum

Opening remarks Introduction Project introduction:

o Component o Discussion

III. Presentation by Social Safeguard and Resettlement Specialist (PIAC) Project introduction Project scope, activities and schedule Explain in detail about social safeguard (social impacts, grievance redress

mechanism, compensation etc.) and policy statement of ADB project IV. Question and Answer V. Discussion VI. Conclusion and closing remarks.

The public consultation meeting was conducted at the Wat Chork pagoda, Sangkat Svay Dangkum. In the name of the Siem Reap province, the chief of Sangkat Svay Dangkum gave a warm welcome to the participants. During the consultation meeting, the chief of Sangkat Svay Dangkum informed that the project is support by ADB and the purpose of the project is to improve sanitation in Siem Reap by replacing the existing main trunk sewer. He also announced that the project is managed by MPWT and DPWT with the support from PIAC. The PIAC’s national social safeguard and resettlement specialist had greeted to the participants and gave a presentation about the project scope of work and its components. The detailed information of the project is as follows:

Length of main pipeline to be replaced is 3.7km (the project will start working from the pumping station near Wat Chork pagoda toward BBU road by crossing the ring road, then turn to Sivatha road at the roundabout and continue to the north and to be finished at the crossroad between Sivatha road and National road number 6)

Number of pits to be excavated is 37 pits Number of manholes to be constructed is also 37 manholes.

The PIAC’s national social safeguard and resettlement specialist explained about project and detail the resettlement and ADB policy SPS (2009), resettlement framework and entitlements for compensation based on the project RF. The compensation will be provided when the sub-project impacts on any private assets base on the RF and RCS determined amount. It was also raised that the project construction work will not be disturb any private land property. The construction space is taken inside the boundary of the right-of-way. The new pipeline will be alignment with the existing one that need to be replaced only in the existing of road width. The pipe jacking technology is also less impact on social and environmental issues.

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Summary of public consultation meeting

SIEM REAP SUBPROJECT: REPLACEMENT OF MAIN TRUNK SEWER PIPELINE

DATE

LOCATION AND TIME

FACILITATING ACTORS

PARTICIPANTS

DISCUSSION / RESPONSES / OUTCOMES FOLLOW-UP

ACTIONS WITHRESPONSIBILITY

31 May 2019

Commune: Svay Dangkum

Venue: Wat Chork Pagoda Time: 2:30 to 4:30 pm

Photo

Chief of Sangkat Svay Dangkum

Social Safeguard

and Resettlement Specialist consultant (PIAC)

Female: 11

Male: 22

Total: 33

Presentation:

Description of project and its current status; General introduction to ADB policy SPSS (2009) and resettlement framework Affected types (people, land, structure, tree and loss of business) Vulnerable people and allowances RCS and entitlement for compensation PGRC establishment and responsibility in the project GRM and how to process the GRM when the people complaints etc.

Construction impacts, the pipeline is located on public land and in the right-of-way;

Clarification on environmental construction management (traffic, access road, disturbance, and others);

Briefing on loss of assets on sites for proposed infrastructure

Comments – Questions – Answers: Q1: How many pits/manholes are to be excavated/built?

A1: There are 37 pits/manholes to be excavated/built along the 3.7 km of the project road

Q2: How long does it take to complete one location/manhole?

A2: According to the work plan proposed by the contractor, one manhole takes two to three months to complete.

Q3: During the construction work, can the public access through the route? A3: Everyone can pass/access on the route while construction is in

progress. The project is using new trenchless technology that drill and push the pipe underground. But, there would be disruption by traffic jam or traffic could move slower than before.

Q4: Will there be any disturbance or problem in front of or around our

business locations during the construction?

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A4: Bases on the DED and with measures to avoid impacts, it is just traffic disturbance and reduced access to the road during construction. But the subproject implementation does not require closing of any of the businesses and these can open normally. In case it will be required to close or relocate a business, the project will compensate based on the RF and entitlements for compensation. The construction will result in disturbance in the 2-3 months period there is construction at each pit. The contractor will manage and minimize the impact by providing traffic management 24 hours/day and allow enough space for access roads to all the businesses and residences.

Q5: Counting from today, when will the project start and when it will be

finished?

A5: The project was started from the 1th April,2019 and will

finish on 1th July 2020.

Q6: In case that I am an affected person or household, will I get compensation for the affected assets?

A6: The compensation will be provided in compliance with the policy under this project. But based on our assessment considering the detailed design drawings, there are no affected household or land. There may be some damages to concrete pavements along the road, which be reinstated by the contractor after completion of other construction work.

Q7: How many person or household is eligible to file the complaint?

A7: A single person can also file the complaint.

Q8: Please let us know at least 7 days before the construction start.

A8: Before starting the construction work, the project will inform all

those villagers who are living along the project road.

Q9: During construction, please try your best to reduce the traffic jam!

A9: The project will prepare traffic signboards and will also have flag men on

s