Translation from Ukrainian PUBLIC UTILITY “KHARKIVSKI TEPLOVI MEREZHIâ€? UKRAINE DISTRICT HEATING ENERGY EFFICIENCY PROJECT Loan contract dated 26.05.2014 No.8387-UA Loan contract dated 26.05.2014 No.TF016327 ABBREVIATED RESETTLEMENT ACTION PLAN for Reconstruction of Emergency Heat Networks in Kharkiv April 2019 1 Contents Executive Summary 4 1. Project description 5 2. Purpose of Abbreviated Resettlement Action Plan (Ab-RAP) 7 2.1. Objective of Abbreviated Resettlement Action Plan 7 2.2. Methodology of preparing the Ab-RAP 7 3. Potential impacts 9 3.1 Nemyshlyanskyi Branch 9 3.2 Moskovskiy Branch 13 3.3 Slobidskyi Branch 14 3.4 Osnovianskyi Branch 15 3.5. Shevchenkivskyi Branch 16 4. Legal Framework 19 5. Social Assessment of losses 19 6. Compensation and valuation method 21 7. Consultations with project affected persons and agreed mitigation measures 22 7.1 Public consultations and disclosure 22 7.2. Impact Mitigation Measures 25 7.3. Measures to be taken after completion of works on replacement of emergency pipelines of heat networks 25 7.4. Action taken to address construction induced temporary impacts 26 7.5. Consultation and disclosure of information on planned works 26 8. Institutional responsibilities 26 9. Grievance redress mechanism 27 10. Monitoring and evaluation 28 11. Implementation schedule 28 Annex 1. Nemyshlyanskyi Branch 31 Annex 2. Moskovskyi Branch 33 Annex 3. Slobidskyi Branch 34 Annex 4. Osnovianskyi Branch 35 Annex 5. Shevchenkivskiy Branch 36 Annex 6. The schedules of work performance by objects 42 2 Abbreviation IBRD International Bank for Reconstruction and Development UDHEEP Ukraine district heating energy efficiency project PU “KhTMâ€? Public Utility “Kharkivski Teplovi Merezhiâ€? Ab-RAP Abbreviated Resettlement Action Plan PAP Project affected persons RPF Resettlement Policy Framework OP 4.12 Operational policy for Resettlement GRM Grievance redress mechanism CPMU Central project management unit RPIU Regional project implementation unit 3 Executive Summary Regional project implementation unit (RPIU) of Public Utility “Kharkivski Teplovi Merezhiâ€? (PU “KhTMâ€?) is responsible for implementation of the District Heating Energy Efficiency Project (DHEEP). The project support series of interventions to rehabilitate, upgrade and construct heating systems in selected Utilities in order provide better and efficient heating systems for the people. In implementing these interventions, there will be potential social impacts to the people, their properties and access to resources and services, in particular during the civil works period is expected. As per the World Bank social safeguards policy (4.12- involuntary resettlement), it is required to prepare and implement mitigation measures to address adverse social impacts under the project. This Abbreviated Resettlement Action Plan (A-RAP) is prepared outlining the potential social impacts and mitigation measures as requirement as per the RPF of the project. The social screening and assessment confirm that there will be no physical or economic displacement or private land acquisitions under the project. The identified social impacts are mostly construction induced only temporary economic losses, access restrictions and use of some lands for civil work by utilities. Some of the main identified impacts include fifteen trading booths, access restriction to primary and secondary school and kindergarten, closure of fifteen garages during construction period. In addition, three garages to be relocated temporarily during the period of construction. The proposed list of planned mitigation measures was developed by the PIU to address issue of temporarily economic displacement. The staff of the RPIU carried out series of consultation with potentially affected parties (PAP), including the public, trade and business entities. During the consultations, PAPs have been informed about the impacts and agreed on certain measures to mitigate the negative impacts. Some of main mitigation measures include; a) providing an alternative access to the buildings/structures; b) provision of alternative working places for business activity; c) Exemption of rent payment form business entities for the period of construction works; and d) alternative (pipe-jacking) method for carrying the works. PAP’s who may have temporary access restriction to their structures due to the planned project interventions, are provided with alternative access roads/paths. In addition-local residents of Nemyshlyanskyi Branch will be provided with temporary access to vegetable gardens and children's playground during construction All expected works are planned to be completed off harvest season. Also, PAPs have been formally consulted about the planned activities and formally sign off permission to operate on temporary basis to the utility and no financial compensation is expected/required given the set of mitigation measures being implemented. Implementation of the A-RAP is main responsibility the respective Utilities and supervised by the RPIU. Each utility agreed to share the cost and provide concessions/compensations if required for the affected parties. The project also has a Grievance Redress Mechanism (GRM) which is publicly informed to the all affected parties to lodge any complaints, requests, concerns or grievances related to project implementation. The A-RAP has been consulted with the public and stakeholders and disclosed in the RPIU website in local language for reference to the public 4 1. Project description The Government of Ukraine has obtained a credit from the International Bank for Reconstruction and Development (IBRD) for funding UKRAINE DISTRICT HEATING ENERGY EFFICIENCY PROJECT (UDHEEP), which is implemented in Public Utility “Kharkivski Teplovi Merezhiâ€? (PU “KhTMâ€?). In late February - early March 2018 in the centralized heat supply system of the city of Kharkiv occurred some emergencies which were associated with significant deterioration of pipelines of the main heating networks and it was a cause temporary cessation of heat supply to housing facilities and the public service provision . Public Utility “Kharkivski Teplovi Merezhiâ€? plans to direct a part of these money receipts from the Credit to purchase of pipelines and other equipment for reconstruction of emergency sections in five districts of Kharkiv under Contract UDHEEP-KHTM-ICB-21. The works on relaying ( rehabilitation) of 16 emergency heat networks are to l be performed by Contractors at the expense of Kharkiv City Council. The planned replacement of 16 emergency sections in five Kharkiv districts is from September to December 2018. There is the total length of 9,36 km of such relaying and details are presented in Table 1 below. Table 1. Responsibility for implementation of Item Object, address Branch name Abbreviated Resettlement Action Plan 1 MK 9401 - MK 9402, 81, Blagodatna st. 2 MK 9402 - MK 9403, 61, Blagodatna st. 3 MK 9420 - MK 9421, 19, Blagodatna st. MK 9419 Б - MK 9420, 3, Blagodatna 4 st. Nemyshlyanskyi Igor Viktorovych MK 9419 - MK 9419 Ð?, 5 Milenko, Chief of 3, 2nd Petrenkivskyi drive-in Branch MK 9417 Б - MK 9418, 19/1, 2nd (057) 728-41-25 6 Petrenkivskyi drive-in MK 9403/9 - MK 9403/10, 48, Amosov 7 st. 8 MK 9403/10 - МК 9403/11, Amosov st. 9 МК 9520 - МК 9521, 50/3, Rybalko st. МК 5210 СК up to accessible duct in Moskovskiy Yevgen Oleksiyovych 10 Yuvileyny ave. (intersection with Kaurkin, Chief of Traktorobudivnykiv ave.) Branch 5 МК 5307Ð? МК 5316, 22, 099-9099622 11 Valentynivska st. 12 МК6307 - МК6308, 9A, Kyrgyska st. Valeriy Ivanovych Slobidskyi Navolokov, Chief of МК 1134-1129, Moskovskyi Avenue, . Branch 13 Bronenostsia Potomkin str. (057) 97-81-38 Vladyslav Viktorovych 14 МК1138 - МК 1138 / 5Б, 13, Nikitin st. Osnovianskyi Tymofeyev, Chief of Branch (057) 733-12-82 МК 4948 - МК 4949, 15 Yevgen Ivanovych 1, Shatylivska st. Kryvko, МК 4525 - МК4531- МК4526- Shevchenkivskyi Chief of Branch 16 МК4526/2, Dynamivska st., Faninsky (057)343-14-44 lane 6 2. Purpose of Abbreviated Resettlement Action Plan (Ab-RAP) 2.1. Objective of Abbreviated Resettlement Action Plan The Abbreviated Resettlement Action Plan (Ab-RAP) is prepared to meet the requirement of the World Bank Policy on Involuntary Resettlement (OP 4.12) and legislative legal framework of Ukraine related to land use for development purpose. The objective of the Abbreviated Resettlement Action Plan (Ab-RAP) is to elaborate the procedures to be followed to ensure that the public and users of such facilities (project affected persons) who may affect by project are consulted, risk identified and mitigation measures are adapted as per the guidelines provided in the Resettlement Policy Framework (RPF). The A-RAP is also to determine the persons adversely affected by the project and the necessary assistance in order to avoid or minimize the resettlement impacts which may arise due to implementation of the sub project on reconstruction of emergency heat networks in Kharkiv. 2.2. Methodology of preparing the Ab-RAP A screening of the all facilities where the work will be carried out to identify PAPs and stakeholders who can be influenced by the Project implementation. The PAPs, regardless of ownership of land are eligible for compensation (or alternative forms of assistance) Table 2. Category of lands to be used for the project Compensation/mitigation measures Lands of local administrative and executive The lands for project implementation are bodies (lands which may have use lands obtained without any compensation. The users adjacent to their residences with no built are prior informed through public consultations structures) and consents were received. Public land used by Businesses, entrepreneurs An acceptable equivalent land replacement who may lose income during the civil work or/and cancelation rental payments from period business entities until end civil work Public land used by Businesses, entrepreneurs All business entities including vendors who who may not lose income but access may have restricted for businesses during civil restriction to premises works will be provided with alternative access paths This project does not require the acquisition of land, which would entail the involuntary resettlement of people. The temporary displacement is required for 10 entrepreneurs who rent premises in two commercial structures. Ð?lso, 3 owners of garages , which are part of the garage cooperative society. Consultations were held over a two weeks period with PAPs who may have adversely affected by these works, with the participation of representatives of commercial structures and local authorities. In the course of public consultations, information was provided on the timing of the works and solutions were found that were acceptable to the affected parties. List of PAPs and influences is provided in table 3. 7 Table 3 Location Type of use Name of the Type of Solution/Mitigation Responsibility property/person loses Measure Nemyshlyanskyi Branch Blagodatna st. Garages local residents Temporary providing an PU “KhTMâ€?, access alternative access contractor restriction vegetable local residents Possibility Carry out works PU “KhTMâ€?, gardens of outside harvest contractor livelihoods season. loss children's local residents Temporary providing access PU “KhTMâ€?, playground access guarding for the contractor restriction construction work period building local residents Temporary Carry out works by PU “KhTMâ€?, material access pipe-jacking contractor restriction method Moskovskiy Branch Yuvileyny ave Trading Ye.I. Temporary provision of PU “KhTMâ€?, Novosaltivsky booth â„– 24- Andreyeva access alternative working contractor Market 30, 34 V.N. Kurylo restriction places (“Noniusâ€?, V.V. Galushka Ltd.) Yu.A. Tutov Yu.A. Yefimov V.Ye. Eyvazov R.V. Taran Yu.A. Pochuyev Valentynivska Trading M.M. Temporary excusing from PU “KhTMâ€?, st. booth Oleynykov access paying rent for the contractor “Rivladâ€?. Ltd. “Flowersâ€? â„– restriction, construction work 1-3 period “Sports V.V. Temporary Carry out works by PU “KhTMâ€?, lottoâ€? Myalkovsky access pipe-jacking contractor pavilion restriction method “Two Lionsâ€? V.V. Temporary Carry out works by PU “KhTMâ€?, cafe Myalkovsky access pipe-jacking contractor restriction method “Monunentsâ€? M.M. Temporary providing an PU “KhTMâ€?, pavilion Oleynykov access alternative access contractor restriction to pavilion “African M.M. access providing an PU “KhTMâ€?, foodâ€? Oleynykov restriction alternative access contractor pavilion to pavilion Kyrgyska st primary and local residents access Carry out works by PU “KhTMâ€?, secondary restriction pipe-jacking contractor general to drive-in method school â„– to the 102 territory 8 Location Type of use Name of the Type of Solution/Mitigation Responsibility property/person loses Measure Osnovianskyi Branch Nikitin st. Kindergarten local residents access Carry out works by PU “KhTMâ€?, â„– 349 restriction pipe-jacking contractor to drive-in method to the territory reception local residents access Carry out works by PU “KhTMâ€?, and restriction pipe-jacking contractor placement to drive-in method center to the territory Shevchenkivskiy Branch Shatylivska st. Garages â„– V. Kiyko Temporary assist in The Kharkiv “Continentâ€? 4, 5, 18 O Baybikov relocation temporarily City Council Garage V. Brezhnev for the relocation of Cooperative period of garages during construction construction works and their restoration after interventions completion Dynamivska garages local residents Temporary providing PU “KhTMâ€?, st. access alternative access contractor restriction 3. Potential impacts Performance of works on replacement of emergency sections requires no additional purchase of land but is connected with possible temporary inconveniences for population and private business including but not limited to loss of access to the household, office, garage, etc. The layout diagrams presented below show the objects covered by the zone of social impacts: 3.1 Nemyshlyanskyi Branch 3.1.1. Heat networks of section MK 9401 - MK 9402, 81, Blagodatna st. For section MK 9401 - MK 9402, the pipes will be relayed by cut-and-cover method. The heat-network section goes along the traffic road of Blagodatna st. The social impact zone includes: - exit from “Blagodatnyâ€? Garage Cooperative (Ref. No. 3), Diagram 1; - exit from garages attached to “Blagodatnyâ€? Garage Cooperative fence (Ref. No. 1), Diagram 1; - private houses with constrained exit of private cars during work performance (Ref. No. 2), Diagram 1; - trees growing above heat pipeline (Ref. No. 4), Diagram 1. 9 Diagram 1 3.1.2. Heat networks of section MK 9402 - MK 9403, 61, Blagodatna st. For section MK 9402 - MK 9403, the pipes will be relayed by cut-and-cover method. The heat-network section goes along the traffic road of Blagodatna st. The social impacts includes: - private houses with constrained exit of private cars during civil work (Ref. No. 1), Diagram 2; - trees growing above heat pipeline (Ref. No. 2), Diagram 2. Diagram 2 3.1.3. Heat networks of section MK 9420 - MK 9421, 19, Blagodatna st., and MK 9419 Б - MK 9420, 3, Blagodatna st. For sections MK 9420 - MK 9421 and MK 9419 Б - MK 9420, the pipes will be relayed by cut-and- cover method. The heat-network section goes along the traffic road of Blagodatna st. The social impact zone includes: - private houses (Ref. No. 1), Diagram 3; - trees growing above heat pipeline (Ref. No. 2), Diagram 3; 10 - vegetable gardens (Ref. No. 3), Diagram 3; - children's playground (Ref. No. 4), Diagram 3; - building material (gravel) located above heat pipeline (Ref. No. 5), Diagram 3. Diagram 3 3.1.4. Heat networks of section MK 9419 - MK 9419 Ð?, 3, 2nd Petrenkivskyi drive-in, and MK 9417 Б - MK 9418, 19/1, 2nd Petrenkivskyi drive-in For sections MK 9419 - MK 9419 Ð?, 3, 2nd Petrenkivskyi drive-in, and MK 9417 Б - MK 9418, 19/1, 2nd Petrenkivskyi drive-in, the pipes will be relayed by cut-and-cover method. For relaying section MK 9419 - MK 9419 Ð?, the following social risks are found: - trees growing above heat pipeline (Ref. No. 4), Diagram 4. Heat-network section MK 9417 Б - MK 9418 goes along 2nd Petrenkivskyi drive-in. The social impact zone includes: - private houses with constrained exit of private cars during work performance (Ref. No. 1), Diagram 4; - trees and vegetable gardens growing above heat pipeline (Ref. No. 2), Diagram 4; - assigned place for waste collection (Ref. No. 3), Diagram 4. 11 Diagram 4 3.1.5. Heat networks of section MK 9403/9 - MK 9403/10 and MK 9403/10 - МК 9403/11, Amosov st. For sections MK 9403/9 - MK 9403/10 and MK 9403/10 - МК 9403/11, the pipes will be relayed by cut- and-cover method and partial excavation in places of roads crossing, which will make it possible to avoid complications with road traffic. Heat-network section MK 9403/9 - MK 9403/10 goes through territory of medical establishment. During laying the pipelines, an access to the medical establishment will not be limited. For relaying section MK 9403/9 - MK 9403/10, the following social impacts are found: - trees growing above heat pipeline (Ref. No. 1), Diagram 5. Diagram 5 3.1.6. Heat networks of section МК 9520 - МК 9521, 50/3, Rybalko st. For section МК 9520 - МК 9521, the pipes will be relayed by cut-and-cover method and partial excavation in places of roads crossing, which will make it possible to avoid complications with road traffic. Heat-network section crosses Rybalko st. and B. Khmelnytsky st. and goes at a distance of about 20 m along the road of Rybalko st. The social impact zone includes: - trees (Ref. No. 1) on Diagram 6. 12 Diagram 6 3.2 Moskovskiy Branch 3.2.1. Heat networks of section МК 5210 СК up to accessible duct in Yuvileyny ave. (intersection with Traktorobudivnykiv ave.) For section МК 5210 СК up to accessible duct in Yuvileyny ave. (intersection with Traktorobudivnykiv ave.), the pipes will be relayed by cut-and-cover method. The section goes under tram stop and turns to market. The social impact zone includes: - tram stop (needs to be relocated to 50 m down the road. No additional land acquisition is required as relocation will be done on communal land with necessary permits obtained by the Utility prior to the works) (Ref. No. 1) on Diagram 7; - private business (trade booths Nos. 24-30, No. 34) located in the territory of Novosaltivsky Market owned by “Noniusâ€?, Ltd. (Ref. No. 2), diagram 7; - pedestrian cross-walk (Ref. No. 3), Diagram 7. Diagram 7 13 3.2.2. Heat networks of section МК 5307Ð? - МК5316, 22, Valentynivska st. For section МК 5307Ð? - МК5316, the pipes will be relayed both by cut-and-cover method and by partial excavation in 3 places (approximately 12 m), as well as by laying the pipeline (35 m) in existing duct under structures of private business. The section goes along Valentynivska st. The social impact zone includes: - “Sports lottoâ€? pavilion, “Two Lionsâ€? café, “Flowersâ€? pavilion No. 1,2,3 “Monunentsâ€? pavilion and “African foodâ€? pavilion (“Rivladâ€?, Ltd.), located in the immediate proximity to the place of performing works on relaying the pipelines (Ref. No. 1), Diagram 8. An alternative access (on the side opposite to work performance), an alternative method (by pipe-jacking) or excusing from paying rent for the construction work period will be provided. . Diagram 8 3.3 Slobidskyi Branch 3.3.1. Heat networks of section МК6307 - МК6308, 9A, Kyrgyska st. The section goes along the traffic road of Kyrgyska st. For section МК6307 - МК6308, the pipes will be relayed both by cut-and-cover method and partial excavation in the vicinity of drive-in to school No. 102. The social impact zone includes: - entrance and drive-in to the territory of general education school for levels I-III No. 102 (Ref. No. 1), Diagram 9. 14 Diagram 9 3.3.2 Heat networks of section МК 1134-1129. Moskovskyi Avenue, Bronenostsia Potomkin str. The section goes along the traffic road of Bronenostsia n str. and Moskovskyi Avenue. For section МК 1134-1129 the pipes will be relayed both by cut. The social impact zone includes flowerbeds (Ref. No. 1), Diagram 10. Diagram 10 3.4 Osnovianskyi Branch 3.4.1. Heat networks of section МК1138 - МК 1138 5Б, 13, Nikitin st. 15 For section МК1138 - МК 1138/ 5Б, the pipes will be relayed both by cut-and-cover method and partial excavation in the places of drive-in to the territory of reception and placement center, kindergarten and building surrounding grounds. The section goes along the road of Nikitin st. The social impact zone includes: - drive-in to kindergarten (Ref. No. 1), Diagram 10; - drive-in to reception and placement center (Ref. No. 2), Diagram 11; - drive-in to building surrounding grounds (Ref. No. 3), Diagram 11. (Prohibition of on-site road restrictions, carry out works by pipe-jacking method). Diagram 11 3.5. Shevchenkivskyi Branch 3.5.1. Heat networks of section МК 4948 - МК 4949, 1, Shatylivska st. The section goes along the traffic road of Shatylivska st. For section МК 4948 - МК 4949, the pipes will be relayed by cut-and-cover method. The social impact zone includes: - exit from “Continentâ€? Garage Cooperative (Ref. No. 1), Diagram 12; - “Vianorâ€? private business located above heat pipeline (Ref. No. 2), Diagram 12; - three garages (No. 4, No. 5 and No. 18) of “Continentâ€? Garage Cooperative (Ref. No. 3), Diagram 12. 16 Diagram 12 3.5.2. Heat networks of section МК 4525 - МК4531- МК4526-МК4526 / 2, Dynamivska st., Faninsky lane. The section goes along the traffic road of Faninsky lane and Dynamivska st. For sections МК4526-МК4526 / 2 and МК 4525 - МК4531, the pipes will be relayed by cut-and- cover method. The social impact zone includes: - drive-in to residential house No. 5 in Faninsky lane (Ref. No. 1), Diagram 13; - residential houses in Trinkler st., under which the emergency section of the heat pipeline goes (Ref. No. 2), Diagram 13; - building material (sand) heat pipeline within protected zone (Ref. No. 3), Diagram 13; - garages in the territory of housing administration (Ref. No. 4), Diagram 13. 17 Diagram 13 18 4. Legal Framework The Constitution of Ukraine is the main legal document that guarantees the rights of citizens of Ukraine. Article 13 states that the state ensures the protection of the rights of all subjects of property rights and business, social orientation of the economy and equality of all subjects of property rights before the law. In addition, article 41 says that no one can be unlawfully deprived of the right to property, and the right to private property is inviolable. Forced alienation of objects of private ownership can be used only as an exception for reasons of social necessity, on the basis of and in the manner prescribed by law, and subject to prior and full refund of their value. Forced alienation of such objects with subsequent full reimbursement of their value is allow only under martial law or state of emergency/ The Civil Code of Ukraine No. 435-IV as of January 16, 2003 establishes the procedure for termination of ownership rights to real estate in connection with the acquisition or alienation of land on which the property for state needs is located, as well as regulatory issues related to the protection of rights of ownership. The requirements of the World Bank’s operational policy in the field of involuntary resettlement (OP4.12) provide for the necessary measures to reduce adverse social and economic consequences during the implementation of the project by disclosing information, consulting victims, planning and implementing compensation measures, and setting up a mechanism to review complaints and control over the implementation of activities. Gaps between Ukrainian legislation and the requirements of the Word Bank Operational policy for Resettlement (OP 4.12) is presented in Table 4. Table 4 Ukraine laws and regulations WB OP 4.12 WB OP 4.12 Only registered structures/buildings are All affected structures/buildings are compensated for damages/ demolition caused compensated for damages/ demolition caused by a project by a project at replacement cost Only official land users are compensated for Lease tenants whether registered or not are loss of income/business compensated for income/business losses regardless of the registration) In case of differences between the Laws of Ukraine and the requirements of the Word Bank of OP 4.12, the principles and procedures of OP 4.12 would prevail and would be applied. The budget that shall cover all resettlement expenses if occur will be provided by the public utility “Kharkivski Teplovi Merezhiâ€? and Kharkiv City Administration 5. Social Assessment of losses Activities that might require involuntary resettlement include blocked/restriction of access. Works on relaying the emergency sections of heat pipelines activities might restrict access to houses, shops, businesses, gardens or other properties 19 The entitlement matrix applicable for various categories of stakeholders, likely to be affected by this associated project is presented in the Table 5 below: Table 5 Affected asset Category of Type of impact Compensation guide/ stakeholders Business Vendors or Temporary loss of Provision of business business place additional working entrepreneur places. Excusing from paying rent for the time of work performance Buildings/ Owner of Temporary Compensation will be acquisition provided in kind in structures structure of structures performance of construction works on their restoration. During replacement of emergency sections at Moskovskiy Branch, the civil works will affect 8 tenants of trading booths Nos. 24-30 and No. 34 located in the territory of Novosaltivsky Market owned by “Noniusâ€?, Ltd., and 2 tenants possessing 7 trade outlets in the territory owned by “Rivladâ€?, Ltd. At Shevchenkivskiy Branch, 3 garages of “Continentâ€? Garage Cooperative will have to be temporarily relocated Information about PAPs who have been provided with alternate locations and other mitigation measures is presented in Table 6. Table 6 Contact Item Tenant name Object name Mitigation measures data Novosaltivsky Market Trading 096-59- provision of additional working places 1 Ye.I. Andreyeva booth No. 24 69-114 in the territory of Novosaltivsky Market; Trading 097-975- 2 V.N. Kurylo - excusing from paying rent for the time booth No. 25 83-32 of work performance. Trading 093-167- 3 V.V. Galushka booth No. 26 70-24 Trading 067-754- 4 Yu.A. Tutov booth No. 27 23-07 20 Trading 063-592- 5 Yu.A. Yefimov booth No. 28 52-45 Trading 093-320- 6 V.Ye. Eyvazov booth No. 29 88-41 Trading 095-869- 7 R.V. Taran booth No. 30 19-88 Trading 050-587- 8 Yu.A. Pochuyev booth No. 34 14-99 “Rivladâ€?. Ltd. “Sports - excusing from paying rent for the time lottoâ€? of work performed; V.V. pavilion 066-024- 1 - provision of alternative working Myalkovsky 85-55 “Two Lionsâ€? places. cafe “Flowersâ€? pavilion No. 1 “Flowersâ€? pavilion No. 2 - excusing from paying rent for the time “Flowersâ€? 050-403- of work performed; 2 M.M. Oleynykov pavilion No. 13-27 - provision of alternative working 3 places. “Monunentsâ€? pavilion “African foodâ€? pavilion Shevchenkivskiy Branch Volodymyr Owner of 066-922- The Kharkiv City Council will assist in 1 Kiyko garage No. 4 97-56 temporarily relocation of garages during construction works and their Oleksandr Owner of 067-138- restoration after interventions 2 Volodymyrovych garage No. 5 52-00 completion. Baybikov http://www.city.kharkov.ua/ru/news/na- Viktor Owner of vulitsi-shatilivskiy-pristupili-do- 067-578- 3 Oleksiyovych garage No. zamini-avariynoi-teplomagistrali- 03-03 Brezhnev 18 39728.html 6. Compensation and valuation method The result of previous screening identified all stakeholders who can be potentially affected by the emergency heat pipelines replacement. The mitigation measures developed for the civil works 21 were agreed after stakeholders’ consultation were carried out with the PAP’s and respective rehabilitation works completion dates were agreed. The agreed actions are but not limited to: 1. Local population use land next to the planned intervention for gardening purposes. There were consultations with them notifying about planned civil works and deadlines for completion. All expected works are expected to take place off harvest season (September-December 2018)-therefore no crops will be affected. However in case of outstanding crops remain on the ground-compensation will be provided to the people affected. 2. The alternative work places agreed will be provided to the affected business owners for the period of rehabilitation works for Trading booth â„– 24 - 30, 34, that are rented on Novosaltivsky Market (“Noniusâ€?, Ltd.) 3. The trading booths “Flowersâ€? â„– 1-3 in the territory owned by “Rivladâ€?, Ltd will be affected by civil works. The agreements were reached to excuse from paying rent for the period of rehabilitation works. 4. The pavilions “Monunentsâ€? “African foodâ€? in the territory owned by “Rivladâ€?, Ltd will have temporary access restriction due to networks rehabilitation work. The alternative access to pavilion will be provided for the period of rehabilitation works. 5. There was outreach to the owners of garages (No. 4, No. 5 and No. 18) of “Continentâ€? Garage Cooperative located in the protected zone of heat pipeline in Shatylivska st. The city administration will cooperate in reconditioning the garages after completion of work on the emergency pipes. 6. The carrying out works close to school, kindergarten, “Two Lionsâ€? cafe and “Sports lottoâ€? pavilion will be provided by pipe-jacking method. 7. Consultations with project affected persons and agreed mitigation measures 7.1 Public consultations and disclosure According to the requirements of the World Bank, as well as the requirements of the Ukrainian legal system, it is required to conduct consultations with the groups of the persons, who are subjected to this Project, and with other interested parties on the matters of the social influence from the project and take their opinion into consideration. Within the framework of preparation of the design documentation, the Public Utility “Kharkivski teplovi merezhiâ€? conducted consultations on the question of reconstruction heating networks. The purpose of conducting consultations with public is presentation of the planned PROJECT, discussion of the positive and negative impacts, connected with the Project implementation, mitigation measuers plan representation. The main tasks of conducting consultations with public are as follows: - openness of the social documentation (ESMP report); - discussion of the different questions and problems with the groups, who come under this Project, introduction of public with potential negative impacts and problems, that can occur during implementation process of the investment projects; - providing of the feedback between competent authorities and local groups that fall under the impact of the project, in determining the potential positive and negative impacts and the proposed measures to minimize such impact. 22 To reduce the adverse impacts and inform population on the planned works on relaying the emergency sections of heat pipelines, a comprehensive set of measures was developed: - publication of information on planned works on relaying the emergency pipelines on the Enterprise web site; - Public Consultations -explanatory work with population before beginning of works; - placement of information leaflet in publicly accessible places (on private houses, garages, etc.): • on beginning and completion of work performance; • Company’s telephone numbers for public petitions and grievances; - obtaining written consent to work performance on emergency sections from: • “Rivladâ€?, Ltdâ€? : Ye.I. Andreyeva, V.N. Kurylo, V.V. Galushka, Yu.A. Tutov, Yu.A. Yefimov. V.Ye. Eyvazov, R.V. Taran, Yu.A. Pochuyev • Novosaltivsky Market: M.M. Oleynykov, V.V. Myalkovsky; • 3 owners of garages (Shatylivska st) • Department of Education of Slobidskyi District Administration (primary and secondary general school No. 102) • Osnovianskyi District Administration (kindergarten No. 349, 12/20, Kinny lane) of the Kharkiv City Council. - obtaining permit of the City Commission of the Executive Committee of the Kharkiv City Council for sawing off the trees growing above emergency sections of pipelines. The works were carried out jointly with the Specialized Public Utility "Kharskivzelenstroy". Full details are presented in Table 7 below: 23 Table 7 Action Plan for Implementation of Mitigation measures Action Date/Month Novosaltiv “Rivladâ€?. primary and Kindergarten Private Shevchenkivskiy sky Ltd. secondary No. 349 housing Branch Market general school â„– 102 1 Advance notification of planned works 27.07.2018 30.07.2018 02.08.2018 02.08.2018 30.07.2018 30.07.2018 2 Dissemination of Information / 30.07.2018 01.08.2018 13.08.2018 22.08.2018 06.08.2018 03.08.2018 Leaflets, official letters 23.08.2018 20.08.2018 3 Public Meeting/Consultation with affected parties/shop 03.08.2018 04.08.2018 27.08.2018 22.08.2018 13.08.2018 07.09.2018 owners/ Consultation with the Department of Education 30.08.2018 and the General Directorate of the National Police 4 Meeting with Utility Agencies/Public Institutions on 27.08.2018 17.08.2018 26.09.2018 18.09.2018 31.08.2018 16.08.2018 the civil work period and possible interruptions 5 Obtain required permission from Utilities 21.08.2018 13.08.2018 21.09.2018 12.09.2018 23.08.2018 10.08.2018 24 7.2. Impact Mitigation Measures During heat networks rehabilitation works which may cause temporary access restrictions for the city residents and create inconvenience for the population, the following measures will be taken: • prior to beginning of works, fencing the site of work performance with continuous guarding protective shields having height of 1.2 m and installation of warning signs; • installation of boards indicating names of organizations and their addresses, period planned for work performance and telephone numbers in case of any appeals/grievances; • provision of lighting of the places of work performance during darkness hours; • obtaining consent to the scheme of fencing of work-performance places and location of road signs as regards work performance on traffic part of the road from local administration of the National Police; • organization and laying of temporary traffic routes (bypass route scheme); • installation of red light signals in the place of work performance, to be switched on after occurrence of darkness and in case of thick fog; • organization of safe routes for walking through and along open trenches, where such walking routes are necessary for further use and provision of access to highways, roads, public transport stops, streets and adjacent territories; • installation of foot bridges with handrails for pedestrians (having width not less than 0.75 m with handrail height of 1.0 m) in the places of land excavation; • organization of temporary access roads and the places for storage pipes, equipment and materials in the places of work performance; • organization of places for gathering wastes (for example, containers) and provision of their timely removal from construction sites; • organization of removal of construction debris or soil unsuitable for reuse on their accumulation; • organization of transportation of dismounted pipes and metal structures to the territory of the District Branch with further their recycling according to the agreements: 1) with “Prospection Industryâ€?, Ltd., No. 27092101 dated 21.09.2018; 2) with “Avangardâ€?, Ltd., No. 27010905 dated 09.01.2018; 3) with “Sodruzhestvoâ€? Manufacturing & Commercial Companyâ€?. Ltd., No. 27101006 dated 10.10.2018; 4) with PJSC "Vtorsplav Enterprise" No. 270111 dated 01.02.2016. 7.3. Measures to be taken after completion of works on replacement of emergency pipelines of heat networks On completion of works on replacement of emergency sections in Kharkiv, the following measures will be taken: â—? improvement of work-performance places: renewal of soil layer, planting of greenery and new trees on adjacent territories; â—? renewal of sidewalk and access road pavement; â—? renewal of children’s playgrounds; â—? in spring time, controlling condition of the trees left after performance of repair works as to possible damage of their root system. 25 7.4. Action taken to address construction induced temporary impacts The main actions include: â—? Organization of alternative working places. â—? Excusing from paying rent during work performance. â—? Arrangement of arranging alternative entrance to trading premises. â—? Reduction of time required for relaying work performance. â—? Renewal of damaged building structures. â—? Determination in required cases of compensation amount by the Legal Service of PU “KhTMâ€? together with City Administration. 7.5. Consultation and disclosure of information on planned works Based on the public consultations with each of the location/site the respective branch of the Utility supposed to present the following publicly in the Utility Premises and public places s: • photos of sections subject to replacement of emergency pipelines before beginning of work performance; • - photos of notices put up in the places of work performance; • copies of letters from Education Department, private business located in the immediate vicinity to emergency sections, which confirm that they have no objections to performance of works on replacement of emergency pipelines; • copies of permits of local authorities for sawing off the trees growing above emergency sections. The information is presented in Annex 1-5. 8. Institutional responsibilities The key role in preparation of works on replacement of emergency pipelines is played by the District Branches. The work performed by the Branches includes: â—? monitoring of replacement objects; â—? detection of social risks; â—? conducting information campaign and consultation with population and private business; â—? obtaining permits for work performance from Kharkiv City Administration; â—? settlement of complaints. During implementation of the associated project, some situations may arise, which settlement may require a certain time and assistance of Kharkiv City Administration. In such cases, a commission will be created for consideration of the situation that arose. The purpose of this commission is an efficient direct reaction to the problems of the interested parties and city population, which will make it possible to avoid escalation of such problems up to addressing administrative and judicial bodies. During performance of works on replacement of emergency sections, the Branches shall control observation by the Contractor the regulations on labor protection and safety, availability of enclosures and warning signs. 26 9. Grievance redress mechanism The complaints connected with any aspects of this Project shall be considered during negotiations aimed at reaching the mutually acceptable agreement. The stakeholders affected by negative impact of the Project shall submit their complaint with the use of the following procedure established by PU “KhTMâ€? for submission of complaints. 1. People may send their remarks by: â—? e-mail: hte@vl.kharkov.ua, or leave their messages on the PU “KhTMâ€? web site: http://www.hts.kharkov.ua. â—? phone the Information & Dispatching Service by numbers 758-56-01, 758-56-02, 758-56-51, 758-56-96: â—? phone the City Information & Dispatching Service by number 15-62; â—? send their remarks to mail address of the Enterprise: 11, Mefodiyivska st., Kharkiv,61037, Ukraine. 2. All applications of people are sent to the PU’s Center for work with grievance and its appropriate units for consideration of complaints and preparation of answers. 3. People may send their remarks to Kharkiv City Administration. Grievance of people PU “KhTMâ€? Kharkiv City Center for Work with Administration Grievance of People PU “KhTMâ€? units During implementation of the Associated Project, some situations may arise when not only any person affected by negative impact may lodge a complaint but also the Contractor’s representative may do it. In such cases, the procedure for lodging claims is the following. Contractor’s grievance 27 PU “KhTMâ€? Top managers of District Branches Complaints will be registered and documented in a dedicated log. All incoming requests are subject to registration in electronic form on the registration-control cards. Automated registration of the appeal recorded the following data: date of receipt of request; the surname, first name, middle name, category (social status) of the applicant; where the application date, the index and control; the issues raised-a summary of the indices; the contents and date of resolution, name of the author, performer, date of performance; the date of sending, the index and the contents of the document, decision taken, date of removal from control. In case the request is sent to the e-mail response to the address sent by email to the address from which you received treatment or, if indicated in the address of the postal address by regular mail. The General deadline for response to the complaint does not exceed 1 month from the date of receipt of the complaint. he public utility keeps records and registers all appeals and complaints regarding the Project from the population (grievance log of Public Utility "KhTM" for UDHEEР). 10. Monitoring and evaluation Monitoring the Project's implementation, in particular, in terms of timely heating supply for the population and sensitive objects (for example, child care facilities), is the control of observance of the timetable for the execution of works and conditions, an evaluation of the state of implementation of contractual relations regarding the temporal restriction of private business conduct and access of the citizens to public places. PU "KhTM" appoints a responsible specialist (Chief of Branch) and a specialist of the Regional project implementation unit (RPIU), to monitor the compliance with the requirements of the Ab- RAP and the implementation of mitigating measures. The duties of the above specialists also include monitoring the possible negative impacts of the Project on the stakeholders and notifying the Customer and the Central project management unit (CPIU) of any violations is related to the implementation of the Ab-RAP. The main parameters subject to monitoring and evaluation: â—? Information campaigns and consultations with stakeholders affected by negative impact connected with implementation of Associated Project. â—? Assessment of impact on population and private business â—? Settlement of complaints â—? Assistance in search for compromise solution of complicated problems faced by private business or population. â—? Control of renewal of destructed buildings, structures, etc. 11. Implementation schedule 28 An implementation schedule includes covering Ab-RAP activities from preparation, implementation, and monitoring. The implementation schedule for the abbreviated resettlement action plan is presented in Table 6. Terms of implementation of the Ab-RAP are presented in Table 8 showing the individual stages of preparation, completion and as well as the responsibilities of key stakeholders. Table 8 Task Responsibility for implementation of Period Abbreviated Resettlement Action Plan Preparation of Ab-RAP Survey and identification all Regional project implementation unit August, 2018 stakeholders (RPIU), branches of PU "KTM" Stakeholders engagement RPIU, branches of PU "KHTM", August- September, Kharkiv City Administration 2018 Developing Ð?d-RAP Central project management unit August, 2018 (CPMU), RPIU Approval for Ð?d-RAP by CPMU August, 2018 World Bank Implementation of Ab-RAP Provision of additional Branches of PU "KTM", Kharkiv City August, 2018 working places Administration Issue notice for start of civil Branches of PU "KHTM" August, 2018 works Notification of the start of work Consensus/agreement with Branches of PU "KTM", Kharkiv City ? affected trade/business Administration establishments on the concessions/compensations measures Rebuilding buildings/ Kharkiv City Administration September.2019 structures Address PAPs requests, RPIU Until all civil concerns/ complaints completed Reporting of monitoring RPIU, CPMU October, December,2018 In Ð?nnex 6 are presented the schedules of work performance by objects where will be to replace the emergency sections in five districts of Kharkiv during the period since September till December 2018. Budget As explained earlier, there is no physical displacement resulted in resettlement, damages to the properties or permanent land acquisitions under the project. Therefore detail cost estimates was 29 not required for the implementation of the RAP. The cost for the implementation of the Abbreviated RAP and associated expenses including the compensations for the PAP’s r are to be incurred by the Utility Branch that is responsible for rehabilitation and construction works under the project. Also,, consultations held and obtained consent from PAP’s for operation purposes. Shop owners, garage operators and other parties whose business and trades affected were provided with alternative locations and exempted to in paying tax/rent for the Municipality during the construction period. They will be allowed to restart their trade and business activities in the original locations after the civil works completed. Budget for minor type of activities such as providing temporary access road for business premises the Contractor's should have allocated as part of their contracts. 30 Annex 1. Nemyshlyanskyi Branch The explanations were given to population and owners of garages, the notices of replacement of emergency pipelines were put up. Enclosures in the places of location of children’s playgrounds were arranged. 31 The permit for sawing off trees growing within protected zone of heat networks where the works will be performed was obtained from the City Administration. 32 Annex 2. Moskovskyi Branch The notices of planned replacement of emergency pipelines were put up. Work was carried out with private business in the territory of “Novosaltivsky Marketâ€? owned by “Noniusâ€?, Ltd., and in the territory in Valentynivska st. owned by “Rivladâ€?, Ltd., and the consent was obtained for work performance. 33 Annex 3. Slobidskyi Branch The notices of planned replacement of emergency pipelines were put up. The permit for work performance on replacement of emergency sections in Kyrgyzka st. was obtained from the Department of Education. 34 Annex 4. Osnovianskyi Branch The notices of planned replacement of emergency pipelines were put up. The permits for performance of repair works in Nikitin st. was obtained from Main Administration of National Police in Kharkiv Region and from Department of Education of Osnovianskyi District. 35 Annex 5. Shevchenkivskiy Branch The notices of planned replacement of emergency pipelines were put up. 2. In protected zone of heat networks in the region of main pipeline chamber МК4949 in Shatylivska st., there are located three garages (No. 4, No. 5 and No. 18) of “Continentâ€? Garage Cooperative. On 07.09.2018, the First Deputy of the Head of the Kharkiv City Council met the owners of 3 garages, and on the basis of results of this meeting, there was undertaken the obligation by the City Council on rendering assistance in relocation of the garages by several meters from the protected zone and performance of construction works on their restoration; http://www.city.kharkov.ua/ru/news/na-vulitsi-shatilivskiy-pristupili-do-zamini-avariynoi- teplomagistrali-39728.html. 36 37 38 39 40 3. Work was carried out with T.V. Kushnikuk, the owner of “Vianorâ€? Tire Fitting Workshop located at 2, Shatulivska st., within the protected zone of heat networks. An access for repair of the emergency section will be provided. The entrepreneur has 6 more workshops in different parts of the city, which excludes loss by him of the costs required for existence of his business. 41 Annex 6. The schedules of work performance by objects 42 43 44 45 46 47 48 49 50 51