CCD-RWRSP

Implementation Arrangements
1. The Borrower, through DWR and MOES, shall ensure that the Project is implemented in accordance with the detailed arrangements set forth in the РАМ and its appendices. Any subsequent change to the РАМ or its appendices shall become effective only after the approval of such change by the Borrower and ADB. In the event of any discrepancy between the РАМ or its appendices on the one hand, and this Loan Agreement or the Grant Agreement on the other, the provisions of this Loan Agreement and the Grant Agreement shall prevail.
Procurement
2. The Borrower, through DWR and MOES, shall ensure that:
(a) the procurement of Goods, Works and Services is carried out in accordance with the Procurement Policy and the Procurement Regulations;
(b) Goods, Works and Services shall be procured based on the detailed arrangements set forth in the Procurement Plan, including the procurement and selection methods, the type of bidding documents, and ADB’s review requirements; the Borrower may modify the detailed arrangements set forth in the Procurement Plan only with the prior agreement of ADB, and such modifications must be set out in updates to the Procurement Plan; and
(c) (i) all Goods and Works procured and Services obtained (including all computer hardware, software and systems, whether separately procured or incorporated within other goods and services procured) do not violate or infringe any industrial property or intellectual property right or claim of any third party; and (ii) all contracts for the procurement of Goods, Works and Services contain appropriate representations, warranties and, if appropriate, indemnities from the contractor, supplier, consultant or service provider with respect to the matters referred to in this subparagraph.
3. The Borrower, through DWR, shall not award any Works contract for a Subproject which involves environmental impacts until DWR has:
(a) obtained the final approval of the IEE from the State Agency of Environmental Protection and Forestry of the Borrower; and
(b) incorporated the relevant provisions from the EMP into the Works contract.
This paragraph 3 shall apply similarly to MOES for all Hydrometeorology Installation Works that are covered by an IEE and EMP.
4. The Borrower shall not award any Works contract involving involuntary resettlement impacts for a Subproject until the Borrower has prepared and submitted to ADB the final RP for such Subproject based on the Subproject’s detailed design and obtained ADB’s clearance of such RP. This paragraph 4 shall apply similarly to all Hydrometeorology Installation Works that are covered by an RP.
Environment
5. The Borrower, through DWR and MOES, shall ensure that the preparation, design, construction, implementation, operation and decommissioning of the Project, each Subproject, all Hydrometeorology Installation Works, and all Project facilities comply with (a) all applicable laws and regulations of the Borrower relating to environment, health, and safety; (b) the Environmental Safeguards; (c) the EARF; and (d) all measures and requirements set forth in the respective IEE and EMP, and any corrective or preventative actions set forth in a Safeguards Monitoring Report.
Land Acquisition and Involuntary Resettlement
6. The Borrower, through DWR and MOES, shall ensure that all land and all rights- of-way required for the Project, each Subproject, all Hydrometeorology Installation Works, and all Project facilities are made available to the Works contractor in accordance with the schedule agreed under the related Works contract and all land acquisition and resettlement activities are implemented in compliance with (a) all applicable laws and regulations of the Borrower relating to land acquisition and involuntary resettlement; (b) the Involuntary Resettlement Safeguards; (c) the RF; and (d) all measures and requirements set forth in the respective RP, and any corrective or preventative actions set forth in a Safeguards Monitoring Report.
7. Without limiting the application of the Involuntary Resettlement Safeguards, the RF or any RP, the Borrower, through DWR, shall ensure that no physical or economic displacement takes place in connection with any Subproject until:
(a) compensation and other entitlements have been provided to affected people in accordance with the RP for the Subproject; and
(b) a comprehensive income and livelihood restoration program has been established in accordance with the RP for the Subproject.
This paragraph 7 shall apply similarly to all Hydrometeorology Installation Works that are covered by an RP.
Indigenous Peoples
8. The Borrower, through DWR and MOES, shall ensure that the Project does not have any indigenous peoples impact within the meaning of the SPS. In the event that the Project does have any such impact, the Borrower, through DWR and/or MOES (as the case may be), shall take all steps required to ensure that the Project complies with the applicable laws and regulations of the Borrower and with the SPS.

Human and Financial Resources to Implement Safeguards Requirements
9. The Borrower, through DWR and MOES, shall make available necessary budgetary and human resources to fully implement the EMPs and the RPs.
Safeguards – Related Provisions in Bidding Documents and Works Contracts
10. The Borrower, through DWR and MOES, shall ensure that all bidding documents and contracts for Works contain provisions that require contractors to:
(a) comply with the measures and requirements relevant to the contractor set forth in the relevant IEE, EMP and RP (to the extent they concern impacts on affected people during construction), and any corrective or preventative actions set out in a Safeguards Monitoring Report;
(b) make available a budget for all such environmental and social measures;
(c) provide the Borrower with a written notice of any unanticipated environmental or resettlement risks or impacts that arise during construction, implementation or operation of the Subproject or Hydrometeorological Installation Works (as the case may be) that were not considered in the relevant IEE, EMP or RP;
(d) adequately record the condition of roads, agricultural land and other infrastructure prior to starting to transport materials and construction; and
(e) fully reinstate pathways, other local infrastructure, and agricultural land to at least their pre-Project condition upon the completion of construction.
Safeguards Monitoring and Reporting
11. The Borrower, through DWR and MOES, shall do the following:
(a) submit semi-annual Safeguards Monitoring Reports to ADB and disclose relevant information from such reports to affected persons promptly upon submission;
(b) if any unanticipated environmental and/or social risks and impacts arise during construction, implementation or operation of any Subproject or Hydrometeorological Installation Works that were not considered in the relevant IEE, EMP or RP, promptly inform ADB of the occurrence of such risks or impacts, with detailed description of the event and proposed corrective action plan; and
(c) report any actual or potential breach of compliance with the measures and requirements set forth in an EMP or RP promptly after becoming aware of the breach.
Prohibited List of Investments
12. The Borrower, through DWR and MOES, shall ensure that no proceeds of the Loan or Grant are used to finance any activity included in the list of prohibited investment activities provided in Appendix 5 of the SPS.
Labor Standards. Health and Safety
13. The Borrower, through DWR and MOES, shall ensure that the core labor standards and the Borrower’s applicable laws and regulations are complied with during Project implementation. The Borrower, through DWR and MOES, shall include specific provisions in the bidding documents and contracts financed by ADB under the Project requiring that the contractors, among other things: (a) comply with the Borrower’s applicable labor law and regulations and incorporate applicable workplace occupational safety norms; (b) do not use child labor; (c) do not discriminate workers in respect of employment and occupation; (d) do not use forced labor; (e) allow freedom of association and effectively recognize the right to collective bargaining; and (f) disseminate, or engage appropriate service providers to disseminate, information on the risks of sexually transmitted diseases, including HIV/AIDS, to the employees of contractors engaged under the Project and to members of the local communities surrounding the Project area, particularly women.
14. The Borrower, through DWR and MOES, shall strictly monitor compliance with the requirements set forth in paragraph 13 above and provide ADB with regular reports.
Gender and Development
15. The Borrower, through DWR and MOES, shall ensure that (a) the GAP is implemented in accordance with its terms; (b) the bidding documents and contracts include relevant provisions for contractors to comply with the measures set forth in the GAP; (c) adequate resources are allocated for implementation of the GAP; and (d) progress on implementation of the GAP, including progress toward achieving key gender outcome and output targets, are regularly monitored and reported to ADB
Counterpart Support
16. The Borrower shall make available all counterpart funds required for the timely and effective implementation of the Project, including for any shortfall of funds or cost overrun, through providing annual budget allocations and releasing applicable funds in a timely manner. In addition, the Borrower shall provide all necessary support to DWR and MOES and ensure that DWR and MOES have sufficient funds to satisfy all liabilities arising from any Works, Goods and/or Services contract under the Project.
Operational Covenants – DWR
17. The Borrower, through DWR, shall appraise and select all Subprojects in
accordance with the criteria and procedures set out in the РАМ. The Borrower, through DWR, shall ensure that the selection of sites for the feasibility study of potential Subprojects, and the selection of sites for the implementation of selected Subprojects, are undertaken in accordance with criteria and procedures agreed upon between DWR and ADB as set out in the РАМ and its appendices.
18. The Borrower, through DWR, shall ensure that each Subproject is implemented in accordance with applicable design and technical specifications and construction norms satisfactory to ADB, and construction supervision, quality control and contract management are performed in accordance with best international industry practice, The Borrower, through DWR, shall ensure that the detailed design of each Subproject incorporates the findings of the climate risk assessment that was undertaken as part of the feasibility study of the Subproject.
19. (a) The Borrower, through DWR, shall ensure that all Project facilities are operated and maintained, in an effective and sustainable manner, in accordance with the applicable laws, regulations and standards of the Borrower and, in other respects not covered by such laws, regulations and standards, in accordance with best international industry practice.
(b) The Borrower, through DWR, shall timely develop, approve, adopt and implement a joint WUA-DWR sustainable O&M plan for each irrigation infrastructure to be protected and modernized under the Project. As set out in the РАМ and its appendices, each such plan shall include, but shall not be limited to, (i) a water delivery schedule and (ii) an asset management plan including an O&M budget and cost sharing. The Borrower, through DWR, shall ensure that budgetary and other resources are allocated timely and provided promptly as necessary for the O&M of each irrigation infrastructure to be protected and modernized under the Project, and, at any given time, the amount of such budgetary and other resources shall not be less than the total sum required, at that time, to cover the O&M expenditures indicated in the O&M budget referred to in this sub-paragraph (b).
(c) The Borrower, through DWR, shall ensure the timely development and implementation of agriculture and on-farm water management plans under the Project. As set out in the РАМ and its appendices, each such plan shall include, but shall not be limited to, (i) cropping patterns including introduction and diversification of crops and (ii) irrigation methods and scheduling. The Borrower, through DWR, shall ensure that each such plan shall be endorsed by the Council (established and operating under the applicable laws and regulations of the Borrower on WUAs) managing the WUA that will be implementing the plan.
Operational Covenants – MOES
20. (a) The Borrower, through MOES, shall ensure that all equipment and information systems installed, piloted or provided under the Disaster Risk Management Component of the Project are operated and maintained appropriately and in accordance with the standards and requirements prescribed by the applicable laws and regulations of the Borrower, and adequate budgetary and other resources are promptly provided for such O&M. The Borrower, through MOES, shall ensure that adequate, appropriate and timely arrangements and resources are in place for the preventive and standard maintenance of the said equipment and information systems after their warranty periods expire. The Borrower, through MOES, shall timely develop and implement sustainable asset management and maintenance plans for the heavy equipment to be provided to the Northern and Southern Emergency Response Centers of MOES.
(b) The Borrower, through MOES, shall ensure that all MOES divisions, offices and units, including MOES associated entities and centers, that receive and operate the equipment and information systems installed, piloted or provided under the Disaster Risk Management Component of the Project are adequately staffed with personnel who have been fully trained, in accordance with the requirements of and as otherwise contemplated by the РАМ, to operate and maintain them.
(c) The Borrower, through MOES, shall ensure that all heavy machinery and associated equipment provided under the Disaster Risk Management Component of the Project is used only by MOES, or a government agency duly authorized by MOES, and only for the purpose of preventative and recovery works related to disaster risk management, including the maintenance of structures provided under the Project to protect irrigation infrastructure from flood and mudflow. The Borrower, through MOES, shall ensure that such equipment is not leased or otherwise permitted to be used by any third party for any construction or other commercial activity.
(d) The Borrower, through MOES, shall ensure that all hydrological and/or meteorological equipment and information systems provided under the Disaster Risk Management Component of the Project are, in accordance with the applicable laws and regulations of the Borrower, transferred and/or made available for use by KyrgyzHydromet promptly after their provision.
Governance and Anticorruption
21. The Borrower, DWR and MOES shall (a) comply with ADB’s Anticorruption Policy (1998, as amended to date) and acknowledge that ADB reserves the right to investigate directly, or through its agents, any alleged corrupt, fraudulent, collusive or coercive practice relating to the Project; and (b) cooperate with any such investigation and extend all necessary assistance for satisfactory completion of such investigation.
22. The Borrower, DWR and MOES shall ensure that the anticorruption provisions acceptable to ADB are included in all bidding documents and contracts, including provisions specifying the right of ADB to audit and examine the records and accounts of the executing and implementing agencies and all contractors, suppliers, consultants, and other service providers as they relate to the Project.
23. The Borrower, through DWR and MOES, shall provide updated information on the Project on their websites, including information on performance, business opportunities, bidding process and guidelines, outcome of biddings, and summary progress reports.