Public Disclosure Authorized

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1 Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized TERMS OF REFERENCE FOR ENGAGEMENT OF A CONSULTANT TO CONDUCT AN ENVIRONMENTAL AND SOCIAL IMPACT ASSESSMENT FOR THE MOMBASA ROAD (JKIA)-NAIROBI BUS RAPID TRANSIT (BRT) CORRIDOR 1. Background The Government of Kenya (GOK) has a commitment to improve the lives of its people through the development of infrastructure and specifically, the road network. As implied in Vision 2030 the Government aspires for a country firmly interconnected through a network of roads, railways, ports, airports, water and sanitation facilities and telecommunications. It is further envisioned by the year 2030, it will become impossible to refer to any region of the country as remote. To achieve this it is the Government s obligations to ensure that investment in the nation s infrastructure is given the highest priority it deserves. The proposed National Urban Transport Improvement Project (NUTRIP) is one of the milestones that will enable the government to reach its goal and is being carried out by the Kenya Urban Roads Authority (KURA). KURA is therefore planning to construct a Bus Raid Transit (BRT) corridor on JKIA-Likoni-James Gichuru-Rironi road (A104) (approximately 42 km), that will include separated bus lanes, stops and stations, terminals, depots and control centres. The BRT design includes provisions that will facilitate passenger mobility and access to BRT facilities through walkways and safe pedestrian crossings among others. 2. Principal Environmental and Social Impacts All agencies of the national government including government owned and controlled corporations as well as private cooperating firms and entities are required to prepare an Environmental and Social Impact Assessment (ESIA) for every action, project or undertaking, which significantly affects the quality of the environment. The purpose of the assessment is to ensure that decision makers consider the ensuing environmental impacts when deciding whether to proceed with a project. An environmental impact is defined as any change, positive or negative, to land, ecosystems, and human health as a result of any action. An environmental impact assessment is an assessment of the possible positive or negative effects that a proposed project may have on the environment, together consisting of the natural, social, and economic aspects. The most significant and potentially adverse direct impacts of the BRT and associated infrastructure are related to: (i) the resettlement of families in the right of way (if any) and the potential economic effect of small businesses during the construction and operation of the BRT; (ii) loss of business for the current taxi operators and matatus who would not be able to operate due to competition from BRT operators; (iii) the interaction of workers with the local community and potential damage to private property and urban infrastructure and nuisance to communities caused by construction activities; and (iv) localized environmental and social impacts due to street widening and construction activities; (v) management of pedestrian safety during construction and operation safety exacerbated by the combination of heavy construction with local community traffic together with non-motorized transport and motorcycles. In addition, as majority of the bus-stations will be on median with central bi-directional stations at the median, the number of vehicle-pedestrian conflict points would considerably increase as compared with the curb side operation of the currently operating modes of transport like taxis and matatus. Thus, pedestrian safety would be one of the concerns during the operation phase of the project and this aspect need to be addressed in the impact assessment section, highlighting the project features for mitigating such impacts.

2 3. Objectives: The objective of this assignment is to evaluate environmental issues associated with direct and indirect impacts of the proposed BRT project during the planning, construction, and operation phases. The study would summarize the general scope of the Environmental and Social Impact Assessment and discuss its implementation in relation to other aspects of project preparation, design, and implementation. Identify sensitive components of the existing environment within the project area and environs; Establish the existing state of the environment and identify sensitive components of the existing environment within the project area and area of potential project influence Assist project design and planning by identifying those aspects of location, construction and operations, which may cause adverse environmental, social, health and economic effects; Recommend measures during construction, commissioning and operations to avoid and ameliorate these effects and increase beneficial impacts; Identify existing and expected environmental regulations that will affect the development and advise on standards, consents and targets; Identify any environmental and social issues and concerns which may, in the future, affect the development; Recommend an environmental management programme for the life of the development including compliance, monitoring, auditing and contingency planning; Provide the basis for co-operation and consultation with regulatory and non-regulatory authorities and the public. Appraise the project activities and determine any potential negative and positive impacts on the environment; Prepare a detailed ESIA report presenting clear and concise information on the environmental impact of the proposed project activities. 4. Legal and Administrative Framework The EIA shall discuss the policy, legal and administrative framework within which the study is carried out. The EIA shall be guided by the environmental requirements of the local regulations and other relevant international guidelines and conventions, and industry best management practices. Among the legal framework documents that should be reviewed include; The Environmental Management and Co-ordination Act, 1999 Building Code By-Laws The Occupational Safety and Health Act, 2007 and Regulations Noise Prevention and Control Rules Water Act, 2002 The Local Government Act (Cap 265) The Public Health Act (Cap, 242) Physical Planning Act (Cap 286) Land Planning Act, Cap 303 Occupiers Liability Act (Cap. 34) The Land Acquisition Act (Cap 295) Laws of Kenya The Traffic Act (Cap 403) Laws of Kenya The Wayleaves Act (Cap 292) Laws of Kenya Wildlife Conservation and Management Act, Cap. 376 Fossil Fuel Emission Control Regulation, 2006 The Roads Act, 2007

3 4.1 EA Requirements: The consultant will identify the World Bank regulations and guidelines that will govern the conduct of the assessment. They may include any or all of the following: Operational Policy 4.01: "Environmental Assessment," and other pertinent environmental/social safeguard policies, e.g., resettlement (land acquisition); and disclosure principles. 5. Scope of Work: Environmental and Social Impact Assessment for the proposed BRT Corridor will be done in accordance with the Environmental Management and Coordination Act (EMCA 1999), Laws of Kenya. The consultant shall undertake an environmental impact appraisal to the satisfaction of KURA and the affected stakeholders, including but not necessarily limited to the following tasks: Discussions in association with KURA with NEMA and other lead agencies to confirm the scope of the environmental issues and studies for this package. Environmental studies (desk and new field investigations and community consultation as required) to identify anticipated environmental and social impacts of the project due tunnel and intakes; impacts due to proposed treatment works; and also impacts due to pipeline. Identification of potential mitigation measures and discussion of these with KURA, the engineers and others as to practicality and likely cost. Finalization of recommended mitigation measures required during design, construction and operation of the project Developing cost estimates of the mitigation measures Preparing a project-specific Environment Management Plan / mitigation management action plan Assistance to KURA in submission of findings to NEMA and subsequent discussions with NEMA and other agencies as required during their assessment procedures Specifically, the consultant would develop an Environmental and Social Impact Assessment, including among others: 1. Site specific Environmental Management Plan 2. Environmental Management Specifications for BRT Construction 3. Community Relations and Participation Plan (CRPP) 4. Evaluate alternatives for the BRT as discussed in the feasibility study 5. Supervision and Monitoring 5.1 Environmental Management Plan The consultant will prepare environmental and social alignment description to include description of physical, environmental, and social issues along the corridor. The consultant is required to collect, collate and present baseline information on the environmental characteristics of the existing situation around each facility. This description involves :(a) Physical environment (topography, geology climate and meteorology, air quality, hydrology, etc. (b) Biological environment (i.e. flora types and diversity, endangered species, sensitive habitats, etc.) (c) Social and Cultural environment including present and projected, where appropriate (i.e. population, land use, planned development activities, community structure, employment and labour market, sources and distribution of income, cultural properties, vulnerable and marginalized groups, etc). This would include information on: location of all project-related development sites and general layout and extent of facilities at project-related development sites; pre-construction activities; construction activities (e.g. land clearing, land grading, and channel construction), schedule, facilities, and services;

4 operation and maintenance activities, management of risks, including health and safety. Provide maps at appropriate scales to illustrate the general setting of project-related development sites, as well as surrounding areas likely to be environmentally affected Determination of Impacts of Each Facility The consultant will analyse and describe all significant changes brought about by each facility. These would encompass environmental, ecological and social impacts, as a result of each facility intervention that are likely to bring about changes in the baseline environment and social conditions discussed in Task above. The Consultant will make a prioritization of all concerns identified and differentiate between short, medium and long-term impacts. A detailed outline and discussion of specific conditions that might affect the environment which are unique to the type of facility and/operational being audited should be provided. Mitigation measures for each environmental and social problem identified along the alignment. These will include: Resettlement plan (only to be mentioned) Construction of areas for the relocation of street side activities Relocation and reconstruction of affected community infrastructure Impact on the current public service operators Landscaping of scenic areas Extra wide shoulders, independent lanes in certain hot points or other infrastructure (bridges, community crossings) Pedestrian safety, special signs, and traffic mitigating measures Special design in critical junctions Safety measures Special measures during construction: pedestrian walkways, special schedules during construction (near hospitals, for instance), walkways to businesses The mitigation measures and environmental management plan should be specific to provide sufficient guidance for enforcement by the engineer. The contract clauses should focus towards specifications to be complied with and enforcement with built-in mechanisms to take recourse upon failure of implementation. For example: a) The traffic management could specify: (i) specifications to be covered as part of the traffic management and the lead time for the contractor to submit proposed management plan to the engineer; (ii) approvals to be secured by the contractor once the plan is concurred by the engineer (from police, transport dept., etc); (iii) information method and details to be conveyed to citizens; (iv) implementation of plans like traffic diversion, and the implementing agency shall maintain traffic management grievance redress mechanism; b) The camp site management need to specify: (i) exclusion criteria for location of camp site like xxx meters away from water bodies, xxxx meters from the nearest habitation, (ii) minimum specs for water supply and sanitation (it would be prudent to given quantified national benchmarks); and (iii) linking of mobilization in advance for successful establishment of camp site; c) Maintenance of vehicles or equipment could refer to pollution control norms like EURO-II or EURO-III; or World Bank standards or national standards rather than referring to generic measures like all vehicles to be kept in good condition to minimize pollution d) Clauses on borrow pits should refer to: (i) exclusion criteria for location of borrow pits; (ii) specs for

5 maintenance of borrow pits; (iii) linking of earthwork payments with the compliance on borrow area management; etc. d) Occupational Health and Safety Plan The Consultant will analyse and describe all occupational health and safety concerns brought about by the operations at each facility. The Consultant will make recommendations on the corrective and remedial measures to be implemented under the environmental management plan Outputs 1. Environmental and Social Impact Assessment, including: Direct and indirect effects on houses and businesses Potential hot spots for pedestrian safety (Junctions, crossing of schools, and hospitals, etc.) during construction and operation Community infrastructure: parks and recreational areas Areas of special safety concern: mainly school and hospital areas Sensitive spots: schools, hospitals, clinics, historical buildings, etc. Economic activities (both legal and illegal, street vendors for instance) Streets that will potentially be affected by traffic detours during construction 2. Environmental Management Plan for the project describing specific mitigation measures (to be included into project design) and associated cost 3. Specific environmental requirements for BRT construction (to be incorporated in an annex of the bidding documents) 4. Instrument where the mitigation measure will be included (design, resettlement plan, construction, bidding documents, etc.), 5. Recommendation of the agency responsible for implementation 5.2 Environmental Management Specification for BRT Construction The Consultants will identify and propose environmental and social mitigation measures that are necessary to mitigate the impacts and nuisances from BRT construction activities and that are common in construction of urban transport projects. The proposed mitigation measures should be described in easily understandable terms, identifying best practices, timing for implementation (before, during, after construction) and adequately illustrated with sketches, diagrams, and pictures as necessary. The measures should be standardized as to allow their application to any segment of the BRT. The construction mitigation measures will establish specific rules for minimizing environmental impacts during construction and provides guidance on the design of specific environmental mitigation measures during construction such as management of traffic, pedestrian safety, waste disposal, etc. Examples of topics that are included in the environmental specifications annexes are: (i) explicit prohibitions and environmental behavior guidelines for work crews, specially along sensitive areas (schools, hospitals); (ii) the rehabilitation of affected areas, urban infrastructure, and green areas; (iii) management of wastes, spent oils, and domestic waste from workers and construction equipment and machinery; (iv) proper disposal of excavated earth and spoil materials (if any); (v) storage, management, and use of gasoline, additives, and other hazardous substances; (vi) protection of historical buildings and chance finding procedures for archaeological artifacts; (vii) the management of noise in or near urban or peri-urban areas; (viii) traffic management ; (ix) minimization of disruptions of community activities in the vicinity of the BRT from the influx of workers, increased traffic of heavy machinery, potential damages to property, and conflicts with the local population; and (x) communications programs during the construction period.

6 5.2.1 Output: Report on environmental management specifications during and post-construction, with cost and institutional responsibility Other specific environmental requirements to be included in the bidding documents 5.3 Community Relations and Participation Plan (CRPP) The CRPP involves: (i) the establishment of a stakeholder consultative committee, (ii) procedures and mechanisms for information dissemination and community access to project management; (iii) support to communities for improving streets affected by construction and traffic detours; and (iv) community information mechanisms regarding work schedules, traffic detours, and disruption of urban services. Regular consultations will be held with the affected people and at least two consultations will be held, first during the start of the preparation phase and the second to discuss the draft EA report. The impact of the project on the livelihood of matatu operators and businesses along the corridor will be examined and discussed through periodic meetings and other means on a regular basis. The Consultant will assist the government in coordinating the EA with relevant agencies and the government will consult with affected groups likely to be affected by the proposed project and with local NGOs on the environmental and social aspects of the proposed project. The draft EA will be shared with relevant stakeholders, government agencies, and people who will be affected by the project. Relevant materials will be provided to affected groups in a timely manner prior to consultation and in a form and language that is understandable and accessible to the groups being consulted. The Consultant should develop a community participation mechanism and maintain a record of the public consultation and the records should indicate: means other than consultations ( e.g. surveys) used to seek the views of affected stakeholders; the date and location of the consultation meetings, a list of the attendees and their affiliation and contact address; and summary minutes Output: Community Relations and Participation Plan Public Consultation Records 5.4 Analysis of Alternatives to the Proposed Project Describe alternatives that were examined in the course of developing the proposed project to achieve the same objectives. These alternatives must be compared on technical, economic, environment, and social merits. The concept of alternatives extends to siting and design, technology selection, rehabilitation/construction techniques and phasing, and operating and maintenance procedures. Compare alternatives in terms of potential environmental impacts, land and energy requirements, capital and operating costs, reliability, suitability under local conditions, and institutional, training, and monitoring requirements. When describing the impacts, indicate which are irreversible or unavoidable and which may be mitigated. To the extent possible, quantify the costs and benefits of each alternative, incorporating the estimated costs of any associated mitigating measures. Include the alternative of not constructing the project to demonstrate environmental conditions without it Output:

7 Report on analysis of alternatives for the BRT and their comparison on technical, economic, environment, and social considerations. 5.5 Supervision and Monitoring The EMP should propose the criteria, procedures, and responsibilities for enforcing all of the environmental measures included in the alignment sheets and the practices included on the construction specifications. During supervision, the Manual will provide comprehensive checklists for the verification of compliance to environmental specifications by contractors and checklists for the reception of final works. The EMP will also include a monitoring program Output: The consultant would estimate the impact and cost of the mitigation measures and of the institutional and training requirements to implement them, including: Compensation to affected parties for impacts that cannot be mitigated; include measures for emergency response to accidents (e.g. release of fumes in residential areas, etc.), as appropriate; Proposed institutional set up, work programs, budget estimates, schedules, staffing and training requirements, and other necessary support services to implement the mitigating measures, monitoring, etc; Detailed plan to monitor the implementation of mitigating measures and the impact of the project during rehabilitation/construction and operation. Include in the plan an estimate of capital and operating costs and a description of other inputs (such as training and institutional strengthening) needed to implement the plan; and Review the authority and capability of institutions at local and national levels and recommend steps to strengthen or expand them so that the EP may be effectively implemented. The recommendations may extend to new laws and regulations, new agencies or agency functions, inter-sectoral arrangements, management procedures, and training, staffing, operation and maintenance training, budgeting, and financial support. 6. Report Format Provide an ESIA report that is concise and limited to significant environmental issues. The main text should focus on findings, conclusions, and recommended actions, supported by summaries of the data collected and citations for any references used in interpreting those data. Detailed or uninterrupted data are not appropriate in the main text and should be presented in appendices or a separate volume. Unpublished documents used in the assessment may not be readily available and should also be assembled in an appendix. Organize the environmental assessment report according to the outline below: i. Table of contents ii. Executive Summary iii. List of maps iv. List of Tables v. Acknowledgement vi. ESHIA Preparers vii. Introduction

8 viii. Project Justification ix. Project and/or Process Description x. Description of the Environment (baseline data acquisition) xi. Policy, Legal, and Administrative Framework xii. Associated and Potential Environmental Impacts xiii. Analysis of Alternatives xiv. Mitigation Measures/Alternatives xv. Environmental Management Plan including mitigation, monitoring, capacity development, and training and implementation schedule and costs xvi. Remediation Plans after de-commissioning/closure/abandonment xvii. Public/Stakeholder Engagement and Consultation xviii. Conclusions and Recommendations xix. Glossary of Terms xx. Bibliography xxi. Appendices List of Environmental Assessment Preparers; Records of Inter-Agency and Public/NGO Communications; Data and Unpublished Reference Documents An outline of the contents of the EP to be included in the project s Operational Manual along with environmental/social protection clauses for contracts and specifications. 7. Qualifications and Composition of Consulting Team The selected Consultant shall be a reputable environmental firm registered by the National Environment Management Authority (NEMA) Kenya and shall be able to demonstrate that the firm and each of its designated staff has appropriate educational background, expertise and at least ten (10) years experience in conducting environmental and impact assessments (EIA) at national and international levels for enterprises and various sectors of the economy. With proven capacity to carry out EIA, the Consultant shall also have expertise in dealing with EHSS liabilities and designing EMP/ERCP. Experience in public relations and consultations will be an additional advantage. The successful completion of this will rely heavily upon the establishment of a focused team of specialists. The consultant will demonstrate that the proposed study team comprises a sound professional competence. The ability to develop a multi-disciplinary team that can think laterally and transfer credible ideas from situations elsewhere is recommended The consultant will demonstrate the specific roles and inputs each team member will have in the proposed method of approach and its constituent stages. The Consultant will provide a skill matrix indicating the disciplines and relevant experience of each member of the proposed project team. The consultant will propose and justify the range of professional expertise to be included in their project team keeping in mind the kind of issues concerned. The consultant will therefore include in its core team the following professionals (at least): 1. Team leader (4 man-months) EA expert; manager of multi-disciplinary teams, 10 years experience of preparing/ implementing EAs or EMPs, and EA consultations for transport projects; He/she would have experience in planning and strategy development, but also and principally, experiences in developing long term plans for transport infrastructure development especially in developing countries

9 2. Land-Use Planner (2 man-months) 10 years experience in land use planning and zoning and strategic planning for transport projects at regional/national scales; 3. Civil/Transport Engineer (3 man-months) conduct of urban air quality assessment and monitoring with special reference to traffic-generated air pollution; familiarity in calculating greenhouse gases for transport projects; Note: the team will be required to work closely with specialists undertaking the social analysis and the feasibility report. 4. RAP Specialist should have a minimum of bachelor s degree qualification in sociology/ Economics or applied anthropology as well as relevant post graduate qualifications. The RAP expert shall have proven experience in preparing Resettlement Action Plan and social impact assessment including review of large water resource projects. The RAP Specialist shall have a minimum of ten (10) years overall experience and five years (5) years relevant experience in preparing Resettlement Action Plans and social impact assessment including review of large infrastructure projects Have thorough working knowledge of World Bank policy on Involuntary Resettlement (OP 4.12) and any other relevant World Bank Safeguards. Have excellent oral and written communications skills in both English and Kiswahili as well as strong team participation and management skills. 5. Sociologist-shall have a minimum bachelor s degree qualification in sociology or applied anthropology as well as relevant post graduate qualifications. The Sociologist shall have proven experience in the social impact assessment / review of large infrastructure projects. The Sociologist shall have a minimum of ten (10) years overall experience and five years (5) years relevant experience on social assessment / review related to large development projects. Have thorough working knowledge of World Bank policy on Involuntary Resettlement (OP 4.12) Have excellent oral and written communications skills in both English and Kiswahili as well as strong team participation and management skills. 6. Licensed Land Surveyor-The Surveyor shall have a minimum BSC degree qualification in Surveying. The Land Surveyor shall be a professional and licensed surveyor by a recognized body with proven experience in the surveying. The Surveyor shall have a minimum of ten (10) years overall experience and five years (5) years relevant experience on infrastructure development projects. Have excellent oral and written communications skills in both English and Kiswahili as well as strong team participation and management skills. 7. Licensed Land Economist (Valuer)-The Valuer shall have a minimum Bachelors degree qualification in Land Economics. The Land Economist/Valuer shall be a professional Valuer, duly licensed by a recognized body with proven experience in the valuation of assets. The Valuer shall have a minimum of ten (10) years overall experience and five years (5) years relevant experience on infrastructure development projects. Have excellent oral and written communications skills in both English and Kiswahili as well as strong team participation and management skills.

10 8. Schedule This work should be completed over a four-month period. Key deliverables include: Inception Report, six hard copies, and a soft copy within 2 weeks of commencement Progress Reports on a monthly basis detailing specific tasks for review Draft Final Report, including draft EA Report providing the details listed above, within three months of commencement 4. Final Report, after consultation within four months of commencement 9. Administrative arrangement The consultant shall perform all required tasks to carry out the assignment. The consultant shall be solely responsible for the analysis and interpretation of data, reports, review etc (or the purpose of this assignment and for the findings, conclusions and recommendations in the reports. In carrying out the assignment, the consultant will report to KURA through KURA s Environmental/social Safeguards who will facilitate coordination with other consultants and relevant government departments. The consultant shall draw the attention of KURA to any major issue pertinent to the successful execution of the assignment. 10. Client Inputs The Client will collaborate with the Consultant in making accessible all data including Feasibility Study and Master plan for the project as well as previous ESIA s conducted for example the Environmental and Social Impact Assessment (ESIA) of the proposed: construction of additional lanes on JKIA Likoni James Gichuru - Rironi road (A104); dualling of airport south road; access to JKIA widening; construction of access road proposed Barabara plaza; and improvement of access to inland container depot. 11. Other Information The following data sources, project background reports and studies, relevant publications, and other items will be made available to the consultant: Project Concept Note Pre-feasibility Studies Feasibility studies Population and Land Use Projections, Land Use Plans Drainage and Flood Control Service Needs Surveys, Traffic Management Studies 11.1 Equipment, Logistics and Facilities The Consultant shall be responsible for the provision of all the necessary resources to carry out the Services; and shall make arrangements for the establishment of office, supporting office equipment and furniture, vehicles, accommodation, utilities, communications, and any other required resources Duration and Timing of the Services The time period required for the provision of the services is envisaged to be Four months from the date of the contract.

11 11.3 Reporting requirements All reports and official papers to KURA will be produced in English. All stakeholders intend that the study package proceeds as rapidly as possible and within four months time-frame be complete. The attention of the study team should remain focused on addressing the tasks to be undertaken in order to successfully complete the work on time and with the desired quality Inception Report: To be presented to KURA, and other main stakeholders not later than three weeks (3 weeks) after the commencement of the study. This report will present the working of the consultant, and time scheduling of the activities to be covered Monthly Progress Reports: To be presented according to specific schedule agreed for the different activities. These reports will provide complete details of all work performed, analysis made and proposed recommendations on way forward Draft Report:Draft Report to be submitted at the end of the Second month after commencement of the study 11.7 Final Reports: After submission of the draft report, the client will review it within two weeks possible make his comments, which the Consultant will incorporate in the Final Reports. The reports shall be in English Language and have to be clear and concise. The reports should be in a format acceptable to National Environmental Management Authority (NEMA). The Consultant shall present the reports to NEMA for approval in the required number of copies. The Consultant will be responsible for making any modifications that NEMA may demand before approval of the assessment reports Other necessary reports: In addition to the formal reporting indicated above, the Consultant will provide written comments in English, in response to project related queries raised by KURA and other stakeholders during the course of the study. The Consultant will make provisions to prepare copies of the reports required above in English and as listed below: 3 copies of Inception Reports in English. These reports must also be submitted on electronic format (3 CD ROM). 3 copies of each Draft Report in English, with 3 copies of Executive Summary in English of which one of each is original. These reports must be also submitted on electronic format (3 CD ROM). 10 copies of final report and 10 copies of executive summary in English one of which is original. These reports must also be submitted on electronic format (CD ROM). The final reports must be publisher perfect-bound type (non spiral) with covers are printed on 10pt stock and laminated.