Terms of Reference

For the Consulting Service

Preparation of Environmental and Social Impact Assessment and

Environmental Management Plan

for the Provision of Chorokhi River Crossings and Related Infrastructure

Background

Ajara Region and the City of Batumi

1. Adjara is an autonomous republic of Georgia, located in the southwestern corner of Georgia, bordering with Turkey to the south and the Black Sea to the east. Batumi, a rapidly developing tourist city, has population of 190 thousand and an area of about 65 square kilometers, and is an administrative center of the Adjara Region. Batumi also has one of the largest sea ports which includes an oil terminal.  Adjara is characterized with mild subtropical climate and complex terrain ranging from levels below sea up to 3,000 m above it. It carries diverse valuable ecosystems, including sand dunes, pit bogs, light broadleaf and coniferous forests and subalpine meadows.   

Urban Development of Batumi Area. 

1. Batumi, the administrative center of the region and an important sea port for Georgia, has been experiencing rapid economic development and growth over the last decade. Tourism was declared a priority sector for the region in general and for Batumi municipality in particular. Consequent development of infrastructure included urban rehabilitation and construction, upgrade of an international airport, repair of utility systems, and construction of a new waste water treatment facility.

1. The area around Batumi is still under intense development that comprises further extension of communications, resort facilities, and other infrastructure. Limited land resources within the coastal zone of Batumi result in competition for land use and sensitivity of coastal ecosystems creates challenges for sustaining economic growth.

1. The urban expansion of Batumi is driven by its location which allows it to only expand southward. Urban expansion to other directions is either already complete or constrained by the landscape. The sea coast comprises western boundary of the city, the seaport and further north a narrow strip of the land between seaside and mountain range limits the city’s northward expansion. Furthermore the city is surrounded by high elevation mountains from east which is already settled and partially developed.  Hence the city can develop only southwards and expand across Chorokhi River (please see Annex 1).

Transit Movement

1. Batumi area is a single existing land corridor connecting Georgia with Turkey through Adjara which faces multiple issues related to transit traffic. This corridor passes through a chain of resorts along the Black sea coast including number of villages which are important local tourist destinations. On the other hand, densely populated areas of these villages constrain the transit movement speed, creating a traffic bottleneck. 

1. There is only one bridge across the river which is part of the Trans European Road Network (E-70). The bridge serves the main transit link connecting Georgia with Turkey and Batumi with the adjacent tourist destinations. The bridge and the densely populated villages along the route create a bottle neck for the transit traffic as well as constrain Batumi urban development. The traffic congestion near the bridge exacerbates the negative impact of the transit traffic on the area.

1. The government of Georgia has approached the World Bank with the request to assist with upgrading road connectivity in the Batumi municipality, with the main objective of removing a traffic bottleneck over Chorokhi. Chorokhi River crossing, which connects Batumi to the closest seaside village and coastal resort of Gonio and a few other similar settlements, finally leads to the State border with Turkey. Improved transportation over the river is intended for facilitation of urban development of Batumi and will have significant influence on how the seaside recreational zone of Adjara shapes up. It will enable better access to the southern coast for tourists staying in Batumi, and will have a positive impact on the international traffic flow between Georgia and Turkey.

Introduction and Context

1. A strategic urban development plan for Batumi was produced in the fall of 2013 and provided a general context for planning of its growth. Earlier that year The Batumi City Council issued resolution #15 (March 29, 2013) introducing amendments to its 2012 resolution #50 on the Urban Land Use and Development Regulations of Self-Governing City of Batumi. This document sets forth functional zones within Batumi area and defines types of construction allowed in each of these zones. Strategy for urban development of Batumi includes construction of a new bridge over Chorokhi River close to its mouth (please see Annex 2). Within the zone around the tentative location of a new bridge, regulations allow establishment of recreational, entertainment, and sport facilities and small construction including catering units and hotels. Government is determined to (i) utilize the territory (about 300 ha) of a former military base located nearby, which staid idle for decades; (ii) expand Batumi city boulevard, connect it to a more recently constructed Gonio boulevard, and provide pedestrian and cycle tracks all way up to the border with Turkey; and (iii) split the traffic flowing through Batumi into a stream of light vehicles moving inside Adjara and the one with transit and heavy vehicles predominantly crossing the border. Achievement of these goals requires construction of new bridge over the Chorikhi River delta and reconstruction of an existing in-land bridge that currently serves as the main connection south to Batumi. Upgrading of the local roads network will also be needed to provide adequate linkages to the two bridges. 

1. The national legislation of Georgia, requirements of the potential co-financiers, and the international good practice call for a thorough environmental and social impact assessment (ESIA) of the project proposed for the provision of Chorokhi River crossings. The objective of the ESIA is to inform the decision-making process in which the national Government of Georgia, Government of the Autonomous Republic of Adjara, Batumi City Council and potential financiers of the project are involved. Specifically, the ESIA shall explain how the two bridges fit into the existing biophysical environment around the project area and support urban development of Batumi, assess all potential environmental and social risks and benefits of the construction and operation of the proposed bridges, provide a set of measures for avoiding or mitigating likely negative impacts and estimate costs of mitigation, define residual negative impacts that cannot be avoided or effectively mitigated, and provide analysis of all feasible alternatives of the project. Two sets of alternatives should be examined: strategic and technical. Strategic alternatives include (i) reconstruction of an old existing bridge only, (ii) reconstruction of the old existing bridge and construction of a new two-lane light traffic bridge over the Chorokhi delta, and (iii) rehabilitation of the existing bridge for minor traffic needs and construction of a new four-lane major bridge over the river delta.  Technical alternatives would comprise of various design solutions for the new bridge and options of locating it right on the river mouth or in some distance upstream. 

1. ESIA shall take note of the strategic urban development plan for Batumi and, based on the information available from it, identify possible environmental and social issues that may arise from its implementation. Feasibility Study for the construction of bridge over the river Chorokhi will be one of the key reference documents for ESIA. Avifauna Habitat Assessment and Mapping in the Area around River Chorokhi Mouth is an important input for ESIA. Although this Assessment led its authors to the conclusion that construction of the proposed new bridge over Chorokhi River is not acceptable from environmental point of view, it will be the function of ESIA to confirm nature and extent of the expected impacts on the habitat of migratory birds in the Chorokhi River delta and provide detailed analysis of the residual impacts of the bridge construction and operation in case of applying a variety of mitigation, compensation of offsetting measures. It is critically important that the ESIA team works in close cooperation with the group of bridge designers, because interim outputs of ESIA shall be plugged into the design work in order to achieve engineering solutions that are least harmful for the natural and social environment, and amplify expected positive impacts. Environmental, social and cultural aspects of the provision of river crossings must be analyzed within the entire area of influence that the bridges as well as their axillary infrastructure will have within the region. This would also include impacts of the induced development, as well as indirect and long term impacts of the operation of bridges on the socio-economic development of the targeted area and surrounding settlements as well as the city of Batumi. Stakeholder engagement throughout the ESIA process is essential, as multiple types of economic activity are ongoing / planned there and multiple interests cross.  

1. Methodology of ESIA and contents of the ESIA report should be compatible with the requirements of the national legislation pertaining environmental impact assessment and environmental permitting, as well as with the World Bank’s operational policies 4.01 Environmental Assessment, 4.04 Natural Habitats, 4.11 Physical Cultural Resources, 4.12 Involuntary Resettlement, 7.50 Projects on International Waterways, and 4.20 Gender and Development. 

 Objectives of ESIA

1. The main objectives of the ESIA study are to:

• Examine likely long term and cumulative environmental and socio-economic impacts of the Strategic Plan for Urban Development of Batumi; identify if and how provision of the proposed river crossings may influence positive and negative cumulative impacts of urban development including impact on the income of local households and businesses benefiting from the increased tourist flows through improved infrastructure and linkages to the market for agricultural producers from remote mountainous settlements surrounding the southern coastline  as well as considering the impact from stoppage of graving businesses that are currently operating on the site and pasture and grazing opportunities for the local population.
• Provide clear explanation of what are economic and social gains and losses expected from the proposed river crossings; how will they functionally fit into the urban development of Batumi; and what axillary infrastructure – either existing or missing – will be required for the proposed bridges to maximize efficiency of their operation;;
• Confirm and delineate tentative area of influence of the project that is currently known to include northern and southern road connections leading to the proposed river crossings, municipal solid waste dump site, waste water treatment facility, former military base, Batumi airport and the two existing bridges closest to the river mouth.
• Identify sensitive environmental, social, and cultural heritage receptors within the area of influence, paying particular attention to already identified habitat of migratory birds; assess significance and current condition of the identified sensitive receptors and determine scope of impacts they will experience from the construction and operation of the proposed infrastructure; identify critical natural habitats is any or make a statement about their absence
• Provide a set of mitigation measures along with their cost estimates that will be required for avoiding and/or mitigating most critical negative impacts of the construction and operation of the proposed infrastructure by each feasible alternative scenario that may be considered for achieving overall goals of connectivity in the Batumi area; 
• Cooperate with the team of designers hired by the client in the process of analysis of alternatives for the provision of river crossings and design alternatives for bridges and roads within the project area; ensure integration of environmental, social, and cultural heritage perspectives into the final design;
• Provide a set of detailed environmental and social mitigation measures for the designed infrastructure, including possibly required compensatory measures and environmental offsets; Develop an environmental management matrix including mitigation and monitoring plans for the construction and operation phases;
• Assist the client, as requested, during public consultations on the draft ESIA report and through the process of obtaining an environmental permit from the Ministry of Environment and Natural Resources Protection.

Task Description

1. In order to meet the objectives established for this ESIA, the consultant shall carry out the following tasks:

Review and analyze available plans and technical studies

1. Study the Strategic Plan for Urban Development of Batumi (“Management Systems International” 2013), its zoning maps, Feasibility Study for the construction of bridge over the river Chorokhi (“Transkavproject” Ltd., 2012, available from the Roads Department, Ministry of Regional Development and Infrastructure), Avifauna Habitat Assessment and Mapping in the Area Around River Chorokhi Mouth, (“Black Sea Academy” NGO, 2013, available from the Roads Department, Ministry of Regional Development and Infrastructure) and any other documents carrying information on urban development plans in Batumi area, as well as its environmental and social hotspots. Conduct discussions with the authorities of the Autonomous Republic of Adjara on the development perspectives for Batumi area. Assess general environmental and social implications of the Strategic Plan for Urban Development of Batumi and analyze how the provision of Chorokhi river crossings will influence these impacts through long term impacts of their operation and the induced development.

Review and confirm area of focus

15.  Review the area of the potential infrastructure intervention presented in the Annexes 2,3.  Establish potential area of primarily impact, and select area of focus (study). Discuss the above with the Ministry of Infrastructure, Ministry of Environment, Adjara Government, Batumi municipality and all other government agencies concerned with the objective to confirm the area of study.       

Review legal and regulatory framework

1. Look through the national environmental legislation and environmental regulatory framework of the Autonomous Republic of Adjara with the purpose of identifying (i) technical requirements that the provided infrastructure must meet; (ii) procedures established for conducting of an environmental assessment; (iii) types of permits required for the construction and operation of the proposed infrastructure, and rules for applying for and obtaining of these permits.

Refer to international conventions, treaties, and other agreements that Georgia is a signatory to or formally aspires to join which have implications for the proposed project, with particular emphasis on the requirements of Bonn Convention on the Conservation of Migratory Species of Wild Animals.

1. Describe how this ESIA will respond to the requirements of the triggered safeguard policies of the World Bank.

Analyze gaps existing between the national legislation and the World Bank’s safeguard policies and describe how they will be filled through the present ESIA.

Analyze institutional framework

1. Understand and describe which agencies of the central government and of the government of the Autonomous Republic of Adjara will be involved in the processes of decision-making, approval and supervision of the construction and operation of the proposed infrastructure emphasizing the role of agencies with environmental regulatory mandate. Explain what may the role of civil society and private sector in influencing decisions related to the project and in following up on its implementation.

Define scope and methodology of required fieldwork

1. Based on the overview of the technical literature and the critical analysis of the Avifauna Habitat Assessment and Mapping in the Area around River Chorokhi Mouth, define a need for the environmental and social field work required for additional data gathering and/or verification of the existing data. Establish specific objectives of the required field work, outline its methodology and timing in the Inception Report and agree these plans with the client.   

Undertake environmental studies

Environmental assessment will provide information on:

(i)                 Biophysical environment and existing infrastructure of the identified area of the project’s influence including, but not confined to the present bridges over Chorokhi river, local roads, formal and informal borrow sites in the river bed, municipal solid waste dump site, waste water treatment plant, former military base, and the airport;

(ii)               Known cultural assets and areas with a high likelihood of unknown archaeological sites;

(iii)             Climatic conditions and extreme weather occurrence;

(iv)             Geophysical  structure and geological activity in the area;

(v)               Coastal dynamics, hydrology of the Chorikhi river, and observed impacts of upstream economic activity on the river flow and its sedimentation (including trans-boundary impacts of hydropower generation facilities);

(vi)             Main types and sources of environmental pollution;

(vii)           Protected areas existing in the vicinity of the project area, including buffer zones (multiple use zones) that these protected areas may have;

(viii)         Type of ecosystem, and occurring flora and fauna within the area of project’s influence, with a distinct description of wildlife and habitats existing inside this area.

1. Environmental analysis, including any additional field work, should be primarily focused on the identification of natural and critical habitats existing in the project area and screening this area for the existence of critical natural habitats, with in-depth analysis of the habitats of migratory birds and screening of the project area for sites that may be included or recommended for the protection under Ramsar Convention on Wetlands of International Importance.

Undertake social studies

Social assessment will provide information on:

(i)                 Overview of available general census and other socio-economic information about the communities project’s area of influence. Detailed information regarding land tenure status, socio-economic conditions  and livelihood of those directly affected by the project by physical or economic displacement;

(ii)               Analyze possible longer-term constraints caused to the local population from implemented development works

(iii)             Identification of particularly vulnerable groups in the area of influence (internally displaced people, extremely poor people, disabled, youth, etc);

(iv)             areas with high tourist visitation and popular resorts; areas of exceptional aesthetic value and opportunities to enhance social development through tourism in the area.

(v)               Concerns and opinions about the bridge and associated communal infrastructure being planned (e.g. bike paths) from nearby communities

Define expected impacts and outline mitigation measures

1. Assess potential impacts on the natural environment, cultural heritage, and social strata that various strategic and technical approaches to the provision of river crossings may have. Provide general estimates of economic, social, and environmental gains and losses under several feasible scenarios as well as costs of the main types of mitigation measures that would be required for managing negative impacts under each scenario.

Key impacts on the environmental and cultural heritage may come from the below and possibly other types of activities within the project area of influence:

(i)                 civil works causing disturbance, fragmentation, or deterioration of natural habitats, including critical locations for resting and feeding for migratory birds, nesting and feeding for local avifauna, and areas supporting livelihood of populations of other aquatic and terrestrial species;

(ii)               sourcing and extraction of construction materials, including operation of quarries;

(iii)             works in the waterway;

(iv)             operation of work camps, access roads, temporary storage of construction materials;

(v)               on-site storage and final disposal of access material and other construction waste, including hazardous waste;

(vi)             alteration of hydrology in the area of Chorokhi delta and consequent deterioration of water quality;

(vii)           construction of structures that deteriorate aesthetic value of the river delta, undermine the recreational value and touristic potential of the area;

(viii)         vehicle movement on bridges causing noise, and pollution from runoff as well as from possible accidental spills due to traffic accidents.

1. Key social and economic impacts to be examined comprise, but are not limited to:  

(i)                 land acquisition that would need the physical or economic displacement of residents and/or businesses;

(ii)               change in the existing patterns of formal and informal extraction of gravel and sand from the river bed resulting in loss of jobs and income for local residents;

(iii)             possible community health and safety risks arising from the construction and operation of the bridge and associate community infrastructure

1. Formulation and analysis of the strategic options should not be limited to the limited set of options mentioned in the Feasibility Study and should include rehabilitation of the existing bridge without constructing of a new one; construction of a lighter, two-lane new bridge; and construction of a heavy, four-lane new bridge at the river mouth. Technical alternatives may include various engineering designs and various locations for the new bridge, existing bridge, and the connecting roads.

Carry out analysis of alternatives

1. Based on the nature and scope of the positive and negative impacts of the considered strategic and technical options, carry out integrated analysis of alternatives. Towards this end, synthesize calculations available from the Feasibility Study and other technical documents with the produced environmental and social cost estimates. Provide general description and estimated costs of addressing environmental and social issues associated with various technical solutions under consideration covering mitigation measures, compensation needs, and environmental offsets of demonstrated effectiveness and viability. Work closely with the team of designers for facilitating well-informed decision-making on behalf of the client.   

1. Once the decisions are made on the infrastructure for river crossings and the draft detailed design is available,

(i)                 carry out detailed assessment of environmental, social, and cultural impacts of the construction and operation of this infrastructure;

(ii)               formulate specific measures of mitigating negative impacts and refine cost estimates of mitigation measures;

(iii)             identify residual impacts to be expected after application of mitigation measures and explain how positive impacts of the project implementation justify acceptance of residual impacts;

(iv)             produce a plan for environmental monitoring at the construction and operation phases of the project.

1. Environmental and social management matrix comprised of mitigation and monitoring plans should identify parties responsible for application and for enforcement of mitigation measures, be specific on the indicators and methodology for environmental monitoring, and carry best possible cost estimates of discrete mitigation measures. Environmental and social management plan that outlines mitigation measures and their costs estimates should be usable as a stand-alone document for the inclusion into a tender package and further attachment to the contract for the provision of works. Hence it must be detailed, specific, and friendly for the use by construction companies. 
2. Define the need of Resettlement Action Plan. In case land acquisition and physical or economic displacement is required for the project.  A stand-alone Resettlement Action Plan is required.    

Participate in public consultations on the findings of ESIA

1. Consultant is expected and encouraged to actively engage with stakeholders at all stages of the ESIA, which is essential due to an overlap of multiple activities and multiple interest within the area of the project’s influence. Public consultation on the outputs of the present ESIA is a formal requirement of the national legislation as well as of the World Bank safeguard policies.
2. The consultant’s plan for conducting consultations must be part of the ESIA Inception Report and the Final ESIA report must include full description of: a) information and consultation activities conducted and b) summary of key community concerns and how they were addressed in the ESIA.   The ESIA should also include a Grievance Redress Mechanism to be implemented during construction stage to receive and address community concerns and complaints.
3. The client of the present ESIA carries overall responsibility for the consultation process and incorporation of public feedback into the project. This includes public disclosure and consultations held on the present TOR and on the draft ESIA report, and revision of the ESIA report according to the critical elements of the received public feedback. The consultant will be asked to facilitate organization and conduct of the consultation process and shall act upon detailed instructions to be provided by the client. More specifically, the consultant will:

• Prepare and deliver an MS Power Point presentation in Georgian at each meeting describing their work;
• Keep record of consultation meetings;
• Produce a written records of each meeting in Georgian and English languages, noting attendance, stakeholders’ affiliations, points raised in discussion and answers given, prepare  minutes of the meetings (with photographed evidence attached);
• Advise client on the relevance of the received feedback and recommend changes to the design of the project and/or in the proposed mitigation measures in response to the received feedback.

Reporting obligations and schedule of the Consultant

 Expected composition of the Consultant’s team and minimal qualification:

1. The team proposed by the consultant shall be composed of strong and skilled specialists having experience of preparing Environmental and Social Impact Assessment Reports for infrastructural projects and based on previous similar experience would be able to demonstrate modern environmental impact mitigation and compensation measures caused during infrastructure development in vulnerable ecosystem. In general, the team should be composed of:

• Team Leader – should have a minimum 15 years of working experience in environmental field, including experience in international projects, preparation of Environmental and Social Impact Assessment, Environmental Management Plan and others;
• Ornithologist  - should have a minimum 10 years of working experience in projects and research;
• Zoologist with general expertize in terrestrial and aquatic fauna  –  should have a minimum 8 years of working experience in projects and research;
• Hydrologist  –  should have a minimum 8 years of working experience in projects and research;
• Botanist  –  should have a minimum 10 years of working experience in projects and researches;
• Sociologist – should have a minimum 8 years of working experience in projects and research and would preferably be local.

1. The consultant, upon own decision and necessity, may invite to its team the specialists of other profiles and determine the number of experts.

Annex 1, City of Batumi

Annex 2. Intervention Area

Annex 3. Chorokhi Are Development MAP[1]

[1] Feasibility Study and Environmental  Impact Assessment for Bridge Constrctino on River Chorokhi, in Batumi #SPA 120017851, Kavtransproject, Final Report