TERMS OF REFERENCE
1.0 Introduction
Concern Worldwide is an Irish International humanitarian organization driven by the vision of ending extreme poverty whatever it takes. The organization has operated for over 50 years fighting poverty globally.In Kenya, Concern Worldwide has been in operation since 2002 and currently works with communities in five counties. In order to contribute to ending extreme poverty among ASAL communities, the organization focuses on four key sectors which include Livelihoods/WASH, Health and Nutrition , Education and Governance and Advocacy. Concern has been supporting communities in Marsabit since 2008 to date. Marsabit County suffers from perennial inadequate water access and poor sanitation a situation attributed to the area’s geographical location in an arid context with no permanent surface water sources and frequent occurrence of drought limiting any meaningful ground water recharge and rainwater harvesting.
2.0 Project Background
Marsabit County has a population of 459,785 people. The main economic activity of the population is pastoralism with minority practicing agro-pastoralism in parts of Moyale and Marsabit Central. Livestock production contributes 80% of income in Pastoral livelihood zones, 16% rely on Agro pastoral activities and 3% rely on other livelihood activities such as formal employment/fishing along Lake Turkana.[1] The County faces water scarcity largely attributed to aridity and frequent drought occurrence affecting rainfall and ultimately replenishment of water resources. Only 46.4% of the population have access to safe water and just 42.9 % have access to safe sanitation.[2] The Water sources in the County are varied with 49% of population relying on boreholes, 19% on shallow wells, and 11% on water pans, 9% seasonal rivers and 5% springs among other sources.[3] Due to this perennial water scarcity, the County Government of Marsabit and partners have continually sought to support the water sector in its bid to avail adequate and safe water to its population.
Concern Worldwide in Kenya won a grant from DANIDA through the Government of Kenya’s Water Sector Trust Fund (WSTF) for the implementation of Sustainable Management and Access to Water and Sanitation in the ASALS Programme (SWASAP) in Moyale Sub-County. The integrated project aims to address gaps in Water Access, Sanitation and Water Resource Management among targeted communities in the sub-county through improved water infrastructure and water resources management. The overarching goal of the programme is to contribute to increased community resilience and adaptation to climate change through sustainable, peaceful use of natural resources including improved access to water and sanitation services in the target ASAL Counties. Concern Worldwide in partnership with the County Government of Marsabit therefore seeks to contribute to improving the water and sanitation situation in the target locations. The specific interventions include rehabilitation and augmentation of Dabel water supply scheme and enhancing rainwater harvesting through expansion and desilting of one water pan by 30,000m3.
[1] KIRA 2014
[2] https://devinit.org/data/spotlight-kenya
[3] Marsabit County Drought Early Warning bulletin, December 2022
2.1 Project Area
The two project areas are situated in Moyale sub county, Marsabit County. The specific project areas targeted include Sololo Ramata and Dabel villages.
The geo-location for the proposed Sololo Ramata water pan is approximately 030 32’35.5164” N, 380 38’ 58.56” E and 686m above sea level. The rural town has an area of about 40.22Km2.
Dabel is located at 030 04’46.70” N, 390 15’ 27.04” E and 595m above sea level with an estimated area of 1.51km2.
3.0 Specific ESIA Objectives
The Environmental & Social Impact Assessment (ESIA) is to achieve the following objectives:
- To identify all potential significant adverse environmental and social impacts of the proposed project and recommend measures for mitigation.
- To verify compliance with the environmental regulations and industry’s standards into planning, development, implementation and management of the project.
- To generate baseline data for monitoring and evaluation of how well the mitigation measures will be implemented during the project cycle.
- To recommend cost effective measures to be implemented to mitigate against the expected impacts.
- To provide guidelines to stakeholders participating in the mitigation of adverse social impacts of the project
- To prepare an environmental Impact assessment report compliant to the Environmental management and Coordination Act CAP 387 and detailing findings and recommendations.
3.1 Scope of the ESIA
The ESIA will be carried out in compliance with the Government of Kenya’s Environmental Management & Co-ordination Act CAP 387 and the Environmental Impact Assessment & Audit Regulations, June 2003 (Revision 2016), among other relevant laws, regulations, and guidelines standards.
The consultant is expected to undertake investigations on environmental, socioeconomic and cultural aspects among others. The scope of services to be undertaken by the Consultant shall include the following tasks:
Task A: Detailed Desktop Review
The Consultant is to review all existing documentations pertaining to the proposed water works. The Consultant should take note that lack of all documentation does not absolve the Consultant carrying out their obligation under the assignment.
Task B: Description of the baseline environment
The Consultant is required to collect, collate and present baseline information on the environmental characteristics of the existing situation in the site of the proposed water infrastructure. This description should involve but not limited to:
- Physical environment (geology, physiography, climate, hydrology, soil, topography and air quality etc.)
- Biological environment (flora and fauna types and diversity, endangered species, sensitive habitats etc.)
- Social and cultural environment, including present and projected. Where appropriate (i.e., population, land use, planned development activities, community social structure, education, health, employment and labor market, sources and distribution of income, cultural/religious sites and properties, vulnerable groups and indigenous populations etc.)
- Economic activities, agriculture, livestock and small-scale industries among others etc.
Task C: Legislative and Regulatory Framework
The Consultant shall identify and describe the pertinent regulations and standards both local and national, governing the environmental quality, occupational health and safety, protection of sensitive areas, land use control at the national and local levels and ecological and socio-economic issues. Thereafter, the Consultant shall identify the project activities that should comply with the identified regulations.
Task D: Determination of impacts of proposed project
From the detailed field study, the Consultant shall analyze and describe all significant changes brought about by the proposed water project. These would encompass environmental, ecological and socio-economic impacts, both positive and negative, because of the proposed project activities that are likely to bring about changes in the baseline environmental and social conditions discussed in Task b.
The Consultant will make a prioritization of all concerns identified and differentiate between short, medium, long-term and cumulative impacts during construction, operation and decommissioning. The Consultant shall also identify both temporary and permanent impacts. A detailed outline and discussion of specific conditions that might affect the environment during construction and operation of the proposed water project should be provided.
Task E: Occupational health and safety concerns
The Consultant shall analyze and describe all occupational health and safety concerns brought about by activities during all the phases of the project. The Consultant shall make recommendations on corrective and remedial measures to be implemented under the environmental management plan.
Task F: Development of Environmental and Social impact Management Plan (ESMP) to mitigate negative impacts
The Consultant shall develop a comprehensive environmental management plan. The plan should recommend a set of mitigation, monitoring and institutional measures to eliminate, minimize or reduce to acceptable levels of adverse environmental impacts and/or maximize socio-economic benefits. Mitigation measures should be feasible, practical and have clear timelines and budget as well as easily observed and checked. Further, details of the ESMP should be fully incorporated into the Contractor’s contract document**.**
Task G: Environmental costing of mitigation measures
The Consultant should provide cost outlays for the proposed mitigation measures as well as their institutional and financial support, period and responsibility. This shall be provided for all the project phases and should clearly factored in the Bills of Quantities.
Task H: Development of monitoring plan
The Consultant is required to give a specific description, and technical details, of monitoring measures for both ESMP, including the parameters to be measured, methods to be used, sampling locations, frequency of measurements, definition of thresholds that will signal the need for corrective actions as well as deliver a monitoring and reporting procedure. The Consultant should provide a period and implementation mechanism, personnel requirements, training and cost outlays.
Task I: Institutional Arrangements for Monitoring and mitigation Plan and Strengthening
The consultant should describe how the overall environmental management system will work during the project implementation (construction and operation phases) and who will be responsible for implementing it. In addition the following responsibilities need to be allocated: who will supervise the implementation of mitigation plan, who will collect the data from the monitoring plan; who will analyze the data to produce information; who will prepare reports and how often indicating how recommended actions are to be undertaken, and who will receive the reports and act upon them.
Task J: Development of Decommissioning and Abandonment Plans
The consultant should prepare well laid out demolition, decommissioning and or abandonment plans for all facilities (borrow pit rehabilitation and ancillary facilities).
Task K: Environmental & Social Impact Assessment Report
The main output shall be an Environmental & Social Impact Assessment Report. The report shall be in the English language and has to be clear and concise. The report will be prepared using the NEMA guidelines
Task L: References:
All sources of information shall be clearly documented with clear names and proper locations under references.
4.0 Schedule of the assignment and deliverables specific to ESIA
The consultant is expected to indicate clearly assignment critical milestones, with timing for each activity; taking into account the duration of the entire project implementation period.
The expected schedule of the assignment will be:
- Submission of Draft ESIA report of each water facility within two weeks after inception/scoping report.
- Submission of Final ESIA reports within four weeks after receiving comments from the client.
Concern Worldwide’s Code of Conduct and Safeguarding Policies
Concern has an organizational Code of Conduct (CCoC) with three Associated Policies; the Programme Participant Protection Policy (P4), the Child Safeguarding Policy and the Anti-Trafficking in Persons Policy. These have been developed to ensure the maximum protection of programme participants from exploitation, and to clarify the responsibilities of Concern staff, consultants, visitors to the programme and partner organization, and the standards of behaviour expected of them. In this context, staff have a responsibility to the organization to strive for, and maintain, the highest standards in the day-to-day conduct in their workplace in accordance with Concern’s core values and mission. Any candidate offered a consultancy opportunity with Concern Worldwide will be expected to adhere to Concern’s Code of Conduct and safeguarding policies while undertaking the proposed project. Additionally, Concern is committed to the safeguarding and protection of vulnerable adults and children in our work. We will do everything possible to ensure that only those who are suitable to do consultancy work or volunteer with vulnerable adults and children are recruited by us for such roles. Subsequently, being hired as a consultant with Concern is subject to a range of vetting checks, including criminal background checking.
How to apply
Interested consultants should request for a detailed TOR/Request For Proposal document from the following email address: NairobiLogisticsGroup@concern.net with the subject of the email as “RFP SR101557- Environmental & Social Impact Assessment-Moyale” by Monday 8th May, 2023
5.0 Submission of bid documents
The Proposals must be submitted and dropped in the tender box and those that cannot fit should be registered with the receptionist and stamped date and time of receipt not later than: 12th May, 2023 at 10.00 am.
The Proposal submission address is:
The Country Director,
Concern Worldwide,
P.O. Box 13850 – 00800 Nairobi, Kenya
Junction of Westlands & Chameleon Avenue, Behind Park Inn Hotel, Westlands, Nairobi
