TERMS OF REFERENCE TULINDE TUSOME PROJECT IN KILIFI AND KWALE, KENYA ENVIRONMENTAL IMPACT ASSESSMENT Project Name Tulinde Tusome Start date of the Action 08/02/2016 End date of the Action 11/03/2016 Contracting Authority Programme department, Plan International Kenya 1.0 Background and rationale Plan International Kenya is a child-centred community development organization without political, religious or governmental affiliation having started its work in Kenya in 1982. Plan is currently working in 7 programme units in the rural areas of Bondo, Homa Bay, Kilifi, Kisumu, Kwale, Machakos and Tharaka, and the Nairobi Urban Programme Unit. In partnership with Department of Foreign Affairs, Trade and Development (DFATD) Canada, Plan is implementing the 5-year project Tulinde Tusome: Creating Safe and Protective Spaces for Improved Learning in Kwale and Kilifi Counties, Kenya. The project will support the intersecting areas of education and child protection to keep children safe in schools. 1.1. Classrooms, Child protection units and VIP latrines constructions Plan International Kenya under Tulinde Tusome project is intending to work with communities in Kilifi and Kwale to construct classrooms with an aim of improving the learning environment and making education friendly and safe. The constructions will be done in Ganze Sub county, Bahari Sub county, Kinango Sub county and Msambweni Sub county. Tulinde Tusome will fund the construction works as follows: Four model schools will be enhanced with the construction of 40 classrooms (4 early childhood education centres, 26 primary and 10 secondary class rooms). One special needs unit will be built in each primary school and 2 units will be constructed in secondary schools that cater towards students with disabilities. Construct and furnish 2 Child protection units for child survivor referral, service delivery, and reintegration into schools and communities. Construction of forty (40), three door and four door Ventilated Improved Pit (VIP) latrines across targeted schools. 1 P a g e
1.2. Environmental Impact Assessment Subject to the provisions of the Environmental Management and Coordination Act, 1999 and subsequent repeal by act of parliament, as well as the Canadian Environmental Assessment Act 2012, Plan International will initiate the conduct of the environmental impact assessment for the construction described above. The conduct of this assessment shall be guided by the relevant legislation. 1.3. Objectives of the Environmental Impact Assessment Subject to the provisions of the environmental (impact assessment and audit) regulations, 2003, section 16, the consultant will upon taking into consideration the environmental, social, cultural, economic, and legal considerations, shall: a) Identify the anticipated environmental impacts of the project and the scale of the impacts; b) Identify and analyse alternatives to the proposed project; c) Propose mitigation measures to be taken during and after the implementation of the project; and d) Develop an environmental management plan with mechanisms for monitoring and evaluating the compliance and environmental performance which shall include the cost of mitigation measures and the time frame of implementing the measures. 2.0 Timeline The assessment shall be conducted and concluded within a period of 25 working days. The days given below are indicative and will be subject to the consultant meeting all the requirements for acceptable inception report, draft report and final report. Environmental Impact Assessment study Deliverable Successful applicant to sign an agreement with Plan after going through preliminary stages of proposal review, oral presentation and determination. Detailed assessment study inception report describing: The background to the proposed project The EIA objectives The legislative framework around the EIA The proposed detailed methodology including data collection methods and analysis Proposed data presentation Ethical considerations during the study Administer the assessment Draft EIA report for the review and approval of Plan Kenya and Plan Canada Submission of the report to National Environment management Authority for approval Completion Date 8 th February 2016 14 th February 2016 18 th -22nd February 2016 29 th February 2016 4 th March 2016 Final EIA report approved by NEMA and DFATD Canada 11 th March 2016 2 P a g e
3.0 Ethics and child protection The consultant and associates must sign and demonstrate commitment to strictly adhere to Plan s Child Protection Policy. It is also the responsibility of the consultant to ensure that all persons hired or consulted by him/her are made familiar with the policy and agree to abide by it during the execution of this work. 4.0 Selection criteria for consultants The consultancy should have an integrated team of experts in environmental science, civil and structural engineering, quantity surveyors, social impact assessors and educational experts. The consultants must have good working knowledge of EIAs with high level expertise and integrity. 5.0 The Consultants must have the following competencies: The lead consultant must have a PhD in related field either environmental science or civil and structural engineering and be a certified NEMA lead expert Either the lead expert or co expert must have a background in either building and construction such as civil and structural engineering Have at least five years experience in the conduct of environmental impact assessments. At least three environmental impact assessments in the sector of building and construction for institutions or real estates High level of professionalism and an ability to work independently and in high-pressure situations under tight deadlines. Strong interpersonal and communication skills The consultant must have working experience in Kenya and be familiar with the cultural background of rural communities Be well versed with rural child rights related issues. Demonstrated experience with community development approaches; participatory methodologies, inclusion and participation of children. Evidenced report writing (English language) and documentation skills Demonstrates meeting all legal requirements. 6.0 Deliverables i. An acceptable inception report ii. An acceptable draft report iii. A final EIA report that is drafted in line with section 18 of the EIA regulations. The report must detail the following:- The proposed location and size (footprint) of the project including the distance from the project to the nearest water body; A concise description of the national environmental, legislative and regulatory framework, baseline information, and any other relevant information related to the project; the objectives and purpose of the project; The technology, procedures and processes to be used, in the implementation of the project; The materials to be used in the construction and implementation of the project; The products, by-products and waste generated by the project, including mitigation strategies to prevent releasing polluting substances into bodies of water; A description of the potentially affected environment; The environmental effects of the project including the social and cultural effects and the direct, indirect, cumulative, irreversible, short-term and long-term 3 P a g e
iv. effects anticipated as well as environmental effects caused by accidents and malfunctions; Significance of those environmental effects; Public comments; Alternative technologies and processes available and reasons for preferring the chosen technology and processes; Analysis of alternatives including project site, design and technologies and reasons for preferring the proposed site, design and technologies. An environmental management plan proposing the measures for eliminating, minimizing or mitigating adverse impacts on the environment; including the cost, time frame and responsibility to implement the measures; Provision of an action plan for the prevention and management of foreseeable accidents and hazardous activities in the cause of carrying out activities or major industrial and other development projects; The measures to prevent health hazards and to ensure security in the working environment for the employees and for the management of emergencies; An identification of gaps in knowledge and uncertainties which were encountered in compiling the information; An economic and social analysis of the project; Changes to the project caused by the environment; Results of any relevant regional study; An indication of whether the environment of any other state is likely to be affected and the available alternatives and mitigating measures; and Such other matters as the NEMA or DFATD Canada may require. A non-technical summary outlining the key findings, conclusions and recommendations of the study duly signed by the consultant v. Ten copies and an electronic copy of an environmental impact assessment study report to be submitted to NEMA for approval 7.0 Respondents are asked to provide: 1. A detailed technical proposal clearly outlining the proposed methods for the Environmental Impact Assessment 2. Curriculum Vitae(s) of proposed experts outlining relevant education, and experience 3. A table clearly stating the level of effort of each proposed team member 4. A financial proposal with a detailed breakdown of costs for planning and carrying out the Environmental Impact Assessment 5. A proposed timeframe detailing activities and a schedule/work plan (including a Gantt chart), in line with the timeframe provided in this TOR and with consideration for the time it will take for Plan to review documents (inception etc.) before finalization. 6. Names and contact information of three references who can be contacted regarding relevant experience 7. A Consulting Firm Profile (including all details of the firm) The detailed technical proposal should: Show a thorough understanding of this Terms of Reference Include a detailed description of the EIA process Demonstrate previous experience in conducting Environmental Impact Assessments 4 P a g e
Demonstrate approaches that will be used to ensure child protection and ethics and principles will be applied throughout implementation of the task The financial proposal should contain: Detailed itemized consultancy fees/costs Include the cost of processing the license by NEMA and printing all properly bound copies as required in the NEMA regulations Itemized travel, accommodation and administrative expenses Validity period of quotations The consulting team profile should contain: The full names of all participating consultants and their roles, including technical expertise Physical address of the firm Telephone number(s) of the firm (if applicable) and participating consultants Full name and contact information of the contact person within the consulting team Date of registration and Registration Number Copy of NEMA expert license (expired licenses shall not be admissible) Copy of registration or other certificate, VAT and PIN Full names of Directors/Proprietors 8.0 Submission Process All applications received by the submission date will be reviewed by a selection committee based on pre-determined objective criteria. Upon selection, the consultant(s)/ consulting firm will be invited for a discussion and requested to submit a detailed inception report and work plan prior to starting any physical work. The Technical and Financial proposals should be submitted in separate envelopes and then both included in one larger envelope clearly marked Tulinde Tusome EIA technical and financial proposal and addressed to The Tender Committee Plan International Inc. Kenya Country Office Oloitokitok Road, Lavington Methodist Ministries Centre, Block C, Second Floor P.O. Box 25196, Lavington 00603, Nairobi, Kenya Closing date for submission of proposals: 2 nd February 2016 5 P a g e
ANNEX 1: PROPOSED TEAM COMPOSITION TEMPLATE Name of Team Member Roles under this Assignment Highest Level of Qualification Years of Experience related to the task 6 P a g e
ANNEX 2: BUDGET TEMPLATE The consultant will be fully responsible for all the EIA related costs as shall be indicated in the approved budget. Plan Kenya will only cater for the mobilization of respondents at no cost implication. The consultant will be required to make own transport arrangements to and from project areas (Kilifi and Kwale) including transport logistics during the EIA process. The consultant should also make necessary arrangements of how and when the data entry will be done by providing the required resources. Successful applicants will be expected to undertake the study fully before any claims are made. On production of an acceptable draft EIA report 1 Plan shall pay 40% of the total cost and 60% upon production of final EIA acceptable report 2. Payment will be made once the final report is accepted. Item Description Unit # of Units Unit Cost Total Cost (Ksh.) Consultancy fees Per day Travel Accommodation NEMA approval fee Office expenses (Printing, photocopy, communication costs, binding etc. Lump sum Other costs (Please specify) Grand Total Annex 3: Child protection Policy To be provided to successful consultant for signing before engagement 1 Drafts are considered acceptable only when they meet the threshold of good quality as underscored in this TOR and during subsequent inception meeting session with Plan team of reviewers. Drafts which are not accepted and fail to meet the threshold even after the consultant is given time to revise the report will be subject to termination as will be defined in the agreement. Under the circumstances Plan will not be obligated to meet any financial costs incurred during such period of preparing the unaccepted draft report 2 A report is considered final and acceptable when it is approved by NEMA and a license awarded. The consultant will be responsible for this process. The report must also be approved by DFATD Canada. Plan International is responsible for this process. 7 P a g e