CONSULTANCY SERVICES SR112437 ESIA &SURVEY- WATER PANS IN MACHAKOS COUNTY Consultancy NEW

Consultancy Services SR112437 ESIA & Survey – Water Pans in Machakos County

Terms of Reference (ToR)

Concern Worldwide is an international non-governmental humanitarian organization dedicated to the reduction of suffering and working towards the ultimate elimination of extreme poverty in the world’s poorest countries

1. Background

Concern worldwide in partnership with KOICA and Machakos county government, aims to strengthen the Orange Flesh Sweet Potato (OFSP) Value Chain through increased production in Machakos County (Kathiani, Masinga, Kangundo, Yatta sub counties). This will increase household income and access to proper nutrition for the target farmers. The multi-year project will create a nexus of water access for multi-purpose use, improved livelihood resilience and nutrition. To increase production of OFSP, water is a crucial agent and factor of production. The project proposes rehabilitation of 3 existing water pans within the areas of Yatta and Masinga sub counties. The rehabilitated water pans will be incorporated with a water reticulation system to enable multi-purpose use of water for drinking and agricultural use. The regions have experienced severe water stress and increased drought as climate change continues to impact on their livelihood resilience.

2. Purpose of the Consultancy

This study has two components i.e.

i. Technical assessment of existing water pans, topographical survey, hydrological study and technical design for 3 Water pans in Yatta and Masinga sub-counties, Machakos county. The capacity of the rehabilitated water pans is expected to be at least 30,000 M3. The design report will inform construction of the pan by determining suitable orientation, quantities, and drawings. This study will come up with a report that will be submitted to Water Resource Authority (WRA) for acquisition of WRA permit which will be acquired by the consultant.

ii. Carry out an Environmental Impact assessment study (ESIA) report for the implementation of the proposed project as required by the Environmental Management and Coordination Act of 1999 and Environmental impact and audit regulations of 2003. This study will come up with a report that will be submitted to NEMA for acquisition of ESIA license to be acquired by the consultant.

3. Essential and Desirable Experience/Qualifications

Water/ Civil Engineer (Team Leader)

• The expert should be a graduate either in Civil Engineering or Water engineering.
• The expert should have relevant experience in water resource engineering, hydrogeological and topographical survey.
• The Proposed Staff must be a professional engineer (PE) registered with Engineers Registration Board of Kenya (EBK) or other engineering registration bodies.
• The Proposed Staff Should have at least Eight (8) years of experience in Design and supervision of construction works in Water projects and similar works.
• The staff should have handled at least 5 No projects of similar nature.

Surveyor

• The staff should be a graduate in Surveying/Geospatial Engineering or related course.
• The staff should have at least 7 years’ of experience in survey work for civil works and water projects.
• The staff should be registered and licensed by Land Surveyors Board (LSB) with a valid Practicing License.
• The staff should have experience in Engineering software’s like Civil 3d and Arc GIS.

ESIA Expert

• Should be a graduate either in Environmental Science, Sociology, chemistry, microbiology or related Environmental course.
• Working experience in conducting socio-safeguards for feasibility studies, design and construction of water projects and experience in managing project associated social risks and specifically implementing Resettlement Action Plans (RAP).
• The staff should have at least Five (5) years of related experience.
• Licensed lead consultant by NEMA.

4. Objectives and Specific Tasks to be undertaken by the Consultant(s)

Topographical survey, hydrological study and design for the purpose of rehabilitation of three Water pans namely Kitangani in Masinga subcounty and Kamuu and Kikuyuni in Yatta sub county, in Machakos county.

The design team shall undertake the following:

• Delineate and assess the community identified to benefit from the proposed water project with clear population data.
• Determine where to locate the infrastructure and other related structures with soil analysis and other tests as required for Water pans.
• Establish rainfall and hydrological data for design of the structure
• To conduct topographical survey of the proposed Water pans with clear accurate contour points picked and plotted.
• Prepare engineering design report and drawings, which include all proposed components (for the structure, cattle troughs, drawing points, storage tanks, pipeline extension etc.)
• To prepare bills of quantities (BOQs) and drawings and tender documents to be used to tender the works
• To prepare resultant scheme layout
• Prepare section within the design report project sustainability which should include expected O&M cost.
• Acquisition of WRA permits

Key Deliverables

• Carry out detailed design for all the system components
• Produce working engineering drawings approved by relevant government departments (five copies of each component both in hard and soft copies). The designs must be approved by a registered Engineer/consultant.
• Prepare bills of quantities (one costed and one unpriced) and contract documents for the proposed works.
• Production of ESIA report approved by NEMA
• WRA permits

5. Stakeholder Group

The following groups will have an interest in the exercise:

• Machakos County government.
• The government of Kenya – Ministry of Water and Irrigation, Ministry of Public Health and sanitation, Ministry of agriculture, Ministry of Environment and Natural Resources.
• Concern worldwide
• Religious and Peace committees
• National Government Administration Office (NGAO)
• Water Resources Authority
• NEMA
• Water user committees
• Water Resource Users Association.

6.Topographical Survey and Design

The scope shall include but not limited to:

1. To assess the suitability of the proposed site for rehabilitation of Water pans, carry out topographic survey of the same and, include in the topographic survey map the following: Water pans name, Total volume of earth works, pan storage volume, subcounty, location, Designer / Engineer, client and dates of survey and design.
2. Water demands in consideration of number of months for support and loss (evaporation and seepage).
3. To generate a Topographic sheet (Map) at an appropriate scale, clearly outlining Sheet No. Grid reference and contours (at 1.0 to 2.0 meters intervals for the reservoir area and 0.5 to 1.0 meters for the Pan and spillway areas) of the proposed area under consideration for construction of the Water pans.
4. To establish not less than four concrete bench-marks, two of these bench-marks indicating the pan axis alignment, located at a horizontal distance of at least 10 (ten) meters from the upper contour level.
5. To provide essential Site information relating to the catchment area and pansite in question that includes;
   1. Catchment Area (km2).
   2. Maximum Altitude (m)
   3. Altitude at Water pans site (m)
   4. Mean Annual Rainfall (mm)
   5. Mean Annual Run-off (mm3)
   6. Mean Annual Evaporation (mm)
6. In the context of # 2 above, to establish Spot heights clustered within the area under consideration for construction of Water pans at a grid of 5×5 m
7. From the contour map, to clearly indicate the direction of ground slope for purposes of establishing Water pans components such as but not limited to; embankment, the tail race and the positioning of the Spillway and any other auxiliary structures as may result.
8. Reservoir: To establish existing reservoir characteristics (if any) and those realized after excavation with regard to;
   1. Impounded Area (M2)
   2. Storage capacity (M3), dead storage volume (m3) and net storage volume (m3).
   3. Expected Annual evaporation (m3)
   4. Geotechnical assessments of the proposed site
9. Embankment: To design and avail projected details of the embankment after construction that include;
   1. Height above lowest foundation (m).
   2. Gross and net free boards (m).
   3. Embankment Slopes; Both upstream and downstream.
   4. Core slopes.
   5. Total fill Volume (m3)
   6. Foundation / Core trench Excavation volume (m3)
10. Spillway: To design and represent on the topographic map detailed design drawings of spillway that include;
    1. Slope (s)
    2. Width (m)
    3. Total Length (m)
    4. Design capacity (m3/s)
    5. Inclusion of sills, their sizes, and location along the spillway length
    6. Volume of spillway exaction (m3)
11. To design and represent on the topo sheet the proposed Water pans of maximum volume of earth works, with storage of 15,000 m3 (Minimum based on the water demand and design support period) showing all the components of a pan including but not limited to the following.
    1. Linear dimensions of the pan
    2. The volume of earthworks to be excavated to achieve a volume of water storage of approximately 15,000m3
    3. The embankment height
    4. The Gross free board
    5. The spill way depth, width, length and slope
    6. The silt trap, rip rap and configuration of surface run -off channel (non-erosive and non-sediment inlet channels 2 no.
    7. Filtration gallery with a pipe to the off-take shallow well
    8. The location of an off-take shallow well
    9. Fence enclosure
    10. How soil erosion will be controlled
    11. Storage tank
    12. Water treatment technologies.
    13. Equipping shallow well for mechanical water abstraction.
12. To generate Water pans detailed drawings (reference drawings) showing all the necessary sections including but not limited to;
    1. Longitudinal Section of the earth pan) showing Water pans crest height in relation to reservoir mean depth, the silt trap, the surface run-off inlet channel and the associated protection works
    2. Transverse Sectional views of the Water pans along the embankment in relation to the spillway, free board and off take structures alongside all necessary details that we aid in construction process.
    3. Provide the design report.
13. Plan view of the earth pans.
14. BOQ and drawings for cattle trough and all auxiliaries

The technical proposal should include a work schedule and program, inclusive of health and safety measures during the works, as per the timeline specified in section 7 of this ToR.

8. Environmental Social Impact Assessment for 3 Water Pans

The scope shall include but not limited to:

The ESIA report will be prepared in accordance with the requirements prescribed under the Environmental Management and coordination Act of 1999 and the Environmental Impact and Audit Regulations of 2003 and any other relevant law which may apply to the Project. The consultant will submit the report to NEMA and obtain the NEMA license.

The ESIA report will:

1. Assist the community and partners understand the environmental and socioeconomic consequences of the Project’s implementation and operation and will also assist Concern worldwide in its decision-making process.
2. Address: project impacts, including cumulative effects; mitigation options; as appropriate for the various types of impacts in terms magnitude, frequency, duration, seasonal timing, reversibility, and geographic extent.
3. Discuss possible measures to prevent or mitigate impacts; assist in the monitoring of environmental protection measures.

The EIA/ ESIA report will:

1. Provide a summary of the results of the ESIA report including:
2. The project components and development activities have the potential to affect the environment.
3. Existing conditions in the study areas, including existing uses of lands, waterways, resources and other activities, which have potential in combination with proposed project, to affect the environment.
4. The environmental effects which are anticipated.
5. Proposed environmental Management Plan(s) (EMP), mitigation measures and monitoring.
6. The effects of the environment on the project
7. Identify the environmental, cultural, and socio-economic impacts of the Project. As appropriate, impact significance be explained in terms of direction, magnitude, frequency, duration, seasonal timing, reversibility, geographic extent, and uncertainty. Where possible, predictions are to be quantified
8. Discuss the key environmental issues of the Project important for the achievement of sustainable environmental and resource management. Differentiate between issues with important environmental consequences and issues that can be mitigated through existing management approaches. Describe how ongoing uncertainties and emerging issues will be addressed
9. Based on the investigations, develop a mitigation matrix outlining mitigation measures for all potential negative environmental impacts including, but not limited to, construction activities, habitat alteration and erosion control.
10. Provide a detailed monitoring plan to be implemented for the entire operation, identifying any agency/body responsible for its implementation and any training that may be necessary for the implementation of the plan.
11. Describe the pertinent regulations, standards and policies, at the local and national level governing environmental quality, health and safety, protection of sensitive areas, including cultural resources, protection of endangered or threatened species, infrastructure development, land use control and tourism that may have an impact on the proposed project. Provide and discuss policy, legal or administrative issues as they relate to this proposed project.

Expected Key Contents of the ESIA Report

The report should be prepared per NEMA Guidelines; should include but not limited to:

• Project Description and Justification

The first part of this section shall present the study area and summarize the proposed project activities. The second part shall briefly justify the project: purpose and needs to be fulfilled by the project. Figures and maps, if necessary, shall be incorporated to facilitate the comprehension of the project.

• Policy, Legal and Administrative Framework

This chapter summarizes the policy, legal and administrative framework within which the ESIA was carried out, including the relevant environmental and social requirements. Also, it identifies relevant international environmental/social agreements that may be related to the project.

• Description of the Project Environment

This section shall provide a brief description of the main physiographical and natural conditions, biological and human (social, cultural and economic) conditions prevailing in the study area.

• Project Alternatives

This section shall present and analyze the various alternatives considered to reach the project’s objectives, including the “no action” option. Alternatives shall be compared in terms of their technical, economic, environmental and social feasibility, including public concerns.

• Identification, Analysis and assessment of Potential Impacts and Mitigation/Enhancement Measures

The first part of this section shall present the analysis of beneficial and adverse impacts of the selected project alternative on the biophysical and human (social, cultural and economic) environments. Environmental and social significant impacts and their importance shall be summarized, and irreversible or unavoidable impacts shall be clearly identified. The analysis shall cover anticipated impacts during the construction and operation phases.

Environmental and social impact mitigation plan: The second part shall identify: and briefly describe the enhancement and mitigation measures proposed to enhance benefits or prevent, minimize, mitigate or compensate for adverse impacts.

• Monitoring Program

This section shall summarize the surveillance and monitoring activities proposed in the Environmental Management Plan prepared for the project.

• Public Consultations and Public Disclosure

This section shall outline the actions undertaken to consult the affected groups and other key stakeholders concerned including Civil Society Organizations.

It shall include the invitations made to the relevant stakeholders and signed minutes or feedback documents by the stakeholders concerned. It should also present major findings and outcomes of public consultations and specify how concerns were addressed.

• Conclusion

The conclusion shall indicate the environmental and social acceptability of the project, considering the impacts and measures identified during the assessment process.

• Annexes

Shall include

• List of Names of the ESIA Team
• Records and/or Minutes of Public Consultations
• Data Used During the Analysis
• Terms of Reference of this EIA
• Photographs, Maps and Plans as appropriate.

9. Outputs

The outputs should be on a suitable scale, line profiles, and survey data. The Data will be delivered in both hardcopy and softcopy (layouts plans, sectional and longitudinal profiles, survey data, pipeline profiles, and maps). This information should be validated and approved worldwide. All reports shall be in the English language and prepared on A4 metric size paper. The following Reports shall be prepared and submitted for comments or approval by the Client

• Inception Report:

This report shall comprise of a brief of the project, description of baseline information and project overview including summary of the initial perception or findings. The Consultant shall further give defined proposals covering the methodologies of the detailed hydraulic design and the detailed work program of all major activities of the assignment –Digital copy to Client.

• Draft Design Report:

This report shall summarize the findings, analysis, results, and recommendations of the assessment including consultative public participation and shall contain all supporting material. The Report shall be presented to the stakeholders for review, inputs and contributions – Digital copy to Client.

• Final Design Report:

This report shall incorporate all revisions and comments proposed by the Client following discussions and agreement between the Client and the Consultant. Comments of stakeholders shall be considered in the Final Report – Digital copy to Client

10. Lines of Communication

The Consultant will report to the Country Director (or nominee), with coordination support from the Programme Manager-WASH.

11. Timeframe /Location

The two assignments are expected to last 30 days from date of contract signing. The scope of works are in Kitangani in Masinga subcounty and Kamuu and Kikuyuni in Yatta sub county, in Machakos county.

The above stated durations are to be understood as guidance, and it is the responsibility of the Consultant to establish a detailed work program within the above time estimates. The estimated staff time input should be provided in accordance with the Consultant’s professional judgment and knowledge of the local conditions and needs.

The Consultant is requested to be available for technical support, undertaking field visits etc., during implementation if required to respond to design queries, if any, after the completion of the assignment. If design queries cannot be sufficiently clarified through phone or email, the Consultant will be required to come in person and any expense incurred in the process shall be borne by the Consultant during the whole implementation period

12. Responsibility:

The Consultant will report to the Country director Kenya or his/her nominee.

Consultant

• Study and document relevant secondary data
• Preparation of questionnaire for data collection
• Topographical surveys and designs& preparation of BoQs
• Collect all necessary data
• Prepare EIA/ESIA for implementation of the Master Plan and provide NEMA license for the same
• Conduct FGD for community members and other stakeholders
• Conduct KII with Key institutions
• Submit the reports for review and approval

Community members

• FGD participants
• Key informants
• Source of Primary data

Concern Worldwide

• Link the consultant to the relevant stakeholders and community leaders
• Quality assurance
• Approval of deliverables
• Unto whom the consultant directly reports

Government line ministries and other partners

• Provide secondary data
• Key informants
• Review design report

NEMA

• Report approval/Permit

WRA

• Approval and issuance of permit

13. Remuneration/Payment schedule

A digital copy of all reports will be required by Concern worldwide at the end of the piece of work. While presenting the financial proposal, the consultant to indicate all expenses that Concern worldwide will be required to incur in the process including consultancy fee. No additional payments will be claimed later by the consultant.

Note: Payment will be processed in batches as per the schedule below and last payment will be made upon submission of licenses.

The Consultant’s fee shall be fixed for all phases of the assignment covering all their expenses in local currencies. The methods of payment of fees shall be as detailed in the proposed form of contract.

Tentative payments shall be in accordance with the following schedule: –

• Preliminary Survey and Design Report

40% on submission and presentation of the Preliminary survey and design Report and acceptance by Concern.

• Final Design Report, ESIA Report.

50% on submission and presentation of the Final Design Report and acceptance by Concern

• Permits and approvals by NEMA and Water resource authority.

10% on submission of NEMA and WRA permits to Concern.

All payments will be processed subject to withholding taxes. (5% withholding tax & 16% VAT where applicable for residents); under the Laws of Kenya or applicable tax obligations as per the Consultant researcher’s country of residence.

14. Security

It is a requirement that the consultant will comply with Kenya security policy and in-country security procedures. Failing to comply will result in immediate termination of contract.

15.Required documentation with your proposal:

1. Company / Consultant profile
2. Certificate of Incorporation (firms) or National ID card (individual)
3. Valid Tax Compliance Certificate
4. PIN Certificate
5. CR12
6. Current Trade / Business Permit from the County Government
7. NEMA Licence
8. Certificate/reference information of previous undertakings of similar contracts with NGOs/UN agencies.
9. Safeguarding Policy, Code of Conduct etc. or what are the necessary provisions have you put in place to keep everyone safe in the course of your engagement
10. A detailed technical and financial proposal
11. Ghant chart workplan

Tagged as: Concern Worldwide, Kenya