ANNEX 5.6.2 TERMS OF REFERENCE FOR A FEASIBILITY STUDY FOR REOPENING THE SHIRE WATERWAY 1.0 BACKGROUND The Shire - Zambezi waterway was successfully used as a transport waterway by explorers and missionaries to Malawi a century and a half ago. During that time, the port of call in Malawi was in Nsanje District formerly known as Port Herald along the Shire River. As recent as 1970, Mawtam Ltd operated a barge service transporting molasses from Chiromo in Malawi to Chinde on the coast of the Indian Ocean in Mozambique. This operation was disrupted by the war in Mozambique from early 1970s. In 2006 a pre-feasibility study was conducted and an aerial survey of the Shire and Zambezi Rivers. The results indicated that the rivers are navigable but require further studies to chart the navigation channel and develop waterway infrastructure. At continental level, the New Partnership for Africa’s Development (NEPAD) has identified infrastructure development as one of the major pillars for economic growth and poverty reduction in Africa. The importance accorded to infrastructure in the NEPAD agenda reflects the promotion of regional integration in Africa to overcome the problem of lack of economies of scale and to reduce Africa’s economic marginalisation. At regional level, the Southern African Development Community (SADC) and the Common Market for Eastern and Southern Africa (COMESA) are implementing a number of programmes aiming at enhancing interconnectivity and promoting integration through trade and investment. SADC has particularly recognized Spatial Development Initiatives (SDIs) as an effective way of unlocking the wealth of the region. The SDIs which are becoming a building block in the implementation of NEPAD and Millennium Development Goals (MDGs) involve independent groups of countries that are not linked at continental level. In the context of the above and in conformity with the National Transport Policy, Malawi Government supports a project that entail re-opening of the Shire River to navigation in order to provide a direct waterway transport system between Nsanje and Chikwawa, a river distance of 165 km. D:\106737567.doc 1 Undertaking a comprehensive Feasibility Study of the Shire Waterway Project in terms of technical, economic, social and environmental viability is the subject of these Terms of Reference. Due to the present lack of hydrologic, technical and environmental data on the fluvial systems of the Shire River and the surrounding wetlands, the Study shall be conducted in two phases, i.e. a survey phase for data collection and a study phase for a comprehensive assessment of the project viability. 2.0 DESCRIPTION OF THE ASSIGNMENT Global objective The overall objective of the assignment is to propose a detailed working concept for safe navigation on the Shire Waterway and to demonstrate its technical, economical, social and environmental viability. Specific objective(s) PHASE “A”: Detailed Survey of the Project Area This phase shall serve to collect data to the most possible extent and to provide detailed technical planning parameter elaborated on the results of the field surveys and laboratory works conducted in this phase for the succeeding Study Phase. PHASE “B”: Study Phase This phase shall serve to establish the viability of the Shire Waterway Project by conducting detailed studies under consideration of all relevant technical, operational, legal, economic, social and environmental aspects of the Project and to propose a detailed working concept for the operation and maintenance of the waterway and its landing stations. The studies shall also determine detailed working concepts with regard to the shipping operation and the river training measures and vessel types to be applied and shall demonstrate the technical and economical viability of the proposed concept. Requested services PHASE “A”: 1. Collect river flow data of the Shire with regard to water levels (their peaks, annual and seasonal variations) and the related discharge quantities from relevant sources in Malawi, compile the data in tables and graphs and summarize the results in a form adequate to serve as detailed planning D:\106737567.doc 2 criteria for the design of a safe and navigable waterway. Include possible influence of barrages/hydro power plants. 2. Install gauges at selected river sections, carry out flow measures especially at the end of the dry season and during season with high water levels and establish water level – flow relationship. 3. Conduct at the end of the dry season a combined bathymetric and hydrographic survey of the Shire from Chikwawa to the border crossing south of Nsanje to accurately determine the existing channel width and depth throughout the waterway. The survey shall be repeated at the end of the rainy season by conducting spot checks at pre-selected locations enabling a direct comparison with the cross sections measured at the end of the dry season for the establishment of seasonal riverbed variations and possible sedimentation rates. The survey shall also establish current data to be continuously measured over one full year by gauges installed at significant cross sections of both rivers. 4. The survey shall also determine the extent of water hyacinths narrowing or blocking the waterway and the volume of plants being transported in respective stretches of the waterway. 5. Subsoil Investigation and Topographic Survey of the areas proposed in the Prefeasibility Study for the development of Nsanje Port and the potential landing sites proposed at Chikwawa, Nchalo, Chiromo, at selected locations between Bangula and Nsanje where established trade routes would justify a landing site, and at Megaza. 6. Establish by field survey and design review the clearance (airdraft and width) of the bridges at Chikwawa and Chiromo and electricity lines, if any, in the course of the waterway. 7. Conduct a comprehensive environmental survey of the Project area in accordance with the requirements and guidelines of the Ministries of Environment in Malawi. PHASE “B” The first component of the services will be to review earlier studies and to collect and analyse data and design parameters established as a result of the phase A surveys. The second component will be the detailed proposal of viable working concepts for both, the design, construction, operation, maintenance and administration of the waterway and its landing stations as well as the shipping operation and the vessel types to be applied. D:\106737567.doc 3 A technical analysis shall be carried out, establishing the scope of work to be implemented for river training measures to create the inland waterway, for the construction of ports and landing sites and the scope of works required to maintain the components operational, looking into the investment and maintenance costs, operation costs and the potential risks involved in construction and maintenance of a safe and navigable waterway. The technical analysis shall include an assessment of available vessel designs, appropriate for the proposed type of river transportation and shall ultimately recommend a viable transportation concept in detail. An operational analysis shall be carried out, looking at the legal framework and the administrative set-up required for the operation of a national waterway. The analysis shall determine the potential navigational safety requirements of the future waterway, their administration and the cost of installation and maintenance. A financial analysis shall be carried out, looking at costs and benefits, considering investment and operation, revenues and reductions in transport costs. A socio-economic analysis shall be carried out to establish the wider effects on the national and regional economy. An environmental analysis in accordance with Governmental requirements and guidelines in force in Malawi shall be carried out under consideration of the findings presented in the 2006 Prefeasibility Study and on the basis of the results of the environmental survey carried out in Phase “A”. The analysis shall establish in detail the environmental impact of the proposed waterway project and shall summarize the scope, quality and cost of detailed mitigation measures required. Phase B will require, among others: Review of earlier studies and preparation of condensed summaries; Study of competing transport corridors, freight types and volumes and growth potential prevailing at the time of the study in Malawi and its neighbouring countries; Study of competing transport modes, efficiency, capacity and planned developments with potential impact on the waterway project; Consultation with government, private sector and civil society stakeholders to gather input on expectations and attitude and on potential contributions; Detailed assessment of existing port infrastructure and necessary improvements, including land access, quays, cargo handling equipment and other facilities; Design of a technical concept for the waterway, establishing the design depth and channel width required throughout the waterway for a viable transport concept, defining river training measures required to maintain adequate channel conditions for safe navigation, defining narrow river sections and bends which need to be corrected; Estimation of the magnitude of river training works required to implement the project and detailed assessment of implications resulting from these D:\106737567.doc 4 works, including recommendations with regard to type of equipment to be employed and, in case of dredging, where and how to dispose off the spoil material from dredging operations and assessment of the rate of maintenance dredging to be applied as a result of siltation and/or shifting sandbanks Detailed assessment of river navigability including bridges and potential docking areas between Chikwawa and Megazza. Preparation of Terms of Reference for detailed design of the waterway, ports and landing facilities for the full scope proposed in the Feasibility Study Detailed assessment of types of vessels or river barges to be used and their construction an operating cost The feasibility of private sector operations of a vessel and/or river barge transportation system shall be established and outline options for the concession arrangement discussed The full range of the potential social impact shall be discussed. This must include consideration of health, demographic, employment and generated wealth Sustainability from economic, technical and environmental viewpoints Clear indication of assumptions made and sensitivity analysis of the contributing factors Methodology In his technical proposal the Consultant shall represent the methodology he intends to apply to reach the aim of the study. PHASE “A”: This phase shall serve to collect existing data to the most possible extent and to provide detailed technical planning parameter elaborated on the results of the field surveys and laboratory works for the succeeding Study Phase. The results of the survey works and the assessment of collected data towards the design criteria proposed shall be summarized in a Survey Report. The Survey Report shall, in particular, contain Drawings of the longitudinal profile of the waterway at a scale of 1:100,000 and sounding charts showing depth in different colours Report on sounding differences between the measurements taken at the end of the rainy season and at the end of the dry season and assess the impact on the navigability of the waterway and propose mitigation measures to counter sedimentation, if required Determination of shallow or hazardous areas that may hamper safe navigation and suggest correctional measures and where necessary propose the placement of appropriate aids to navigation, reliable and simple to maintain D:\106737567.doc 5 Report on debris coming down the waterway in particular during rainy season that may adversely affect safe navigation, including suggesting ways of mitigation Report on currents and how these will affect the safety of navigation Navigation charts at a scale of 1:10,000 that can be updated in future when dredging and correction works, if any, are completed Table listing the air draft and clear width of bridges and power lines, if any Table listing the results of Standard Penetration Tests carried out at the proposed construction sites for port facilities and landing points TOR for detailed subsoil investigation and topographic survey works required for the design phase of ports and landing points PHASE “B”: Study Phase This phase shall serve to establish the viability of Shire Waterway Project by conducting a detailed study under consideration of all relevant technical, economic, social and environmental aspects of the Project and to propose a detailed working concept for the design, construction, operation, maintenance and administration of the waterway and its landing stations. The study shall also determine a detailed working concept with regard to the shipping operation and the vessel types to be applied and shall demonstrate the technical and economical viability of the proposed concept. The Ministry of Transport and Public Works in Malawi through its Technical Unit shall provide support to the study team. During the field assessment phase, the study team shall contact government entities and individuals, members of the business community investing or interested in investing in the Shire Waterway area. Required Outputs PHASE “A”: The Consultant will produce an Inception Report giving details of the strategies, which the Consultant intends to use to fulfil the Terms of Reference, and will, if necessary, indicate those areas of the Terms of Reference that require modification. The Report shall include detailed performance schedules and personnel deployment for both phases. The Consultant shall prepare and submit Quarterly Progress Reports. The first report shall cover the period up to the end of the first quarter following the mobilization. Reports shall be submitted quarterly thereafter, each within 7 days after the last day of the period to which it relates. Reporting shall continue until the Consultant has completed the Draft Survey Report. D:\106737567.doc 6 The Consultant will produce a Draft Survey Report to be submitted two weeks after the field survey works have ceased and the laboratory works are finalized, whatever event is later. The Draft Survey Report shall summarize the results of data collection and survey works and shall contain detailed technical planning parameter elaborated on the results of the field surveys and laboratory works for the succeeding Study Phase. The Draft Survey Report will be discussed at an advisory group meeting approximately one week after the submission. The advisory group will be constituted by the Ministry of Transport & Public Works. A Final Survey Report, appropriately incorporating the feedback received from the advisory group, will be submitted two weeks after the feedback has been received. PHASE “B”: The Consultant shall prepare and submit Quarterly Progress Reports. The first report shall cover the period up to the end of the first quarter following the mobilization. Reports shall be submitted quarterly thereafter, each within 14 days after the last day of the period to which it relates. Reporting shall continue until the Consultant has completed the Draft Final Report. The Consultant will produce a Draft Final Report to be submitted four weeks prior to the end of the assignment with a clear summary of all the services performed, describing the overall feasibility of the project, the background to the study, consultations with stakeholders, sources of data and information, survey results and analyses carried out, proposed infrastructure requirements, ToR for additional survey works and site investigations and the detailed design of the waterway, ports and landing points and a all environmental and social aspects of the Project. It shall also assess the contribution of the project in terms of economic growth, poverty alleviation and human development. The Draft Final Report also will be discussed at an advisory group meeting approximately three weeks before the end of the assignment. Within two weeks after having received the comments from the advisory group, the Consultant will submit a Final Report, appropriately incorporating the feedback received. All reports will be handed over in 5 copies. D:\106737567.doc 7 3.0 EXPERTS PROFILE The following table shows the list of requested experts per category and indicates the number of expert-months estimated for finalization of the respective individual task. CATEGORY OF EXPERT 1 Team Leader / Civil Engineer No. of working No. of working months Phase A months Phase A 2 months 4 months 2 Ass. TL / Transport Economist ------------ 4 months 3 Hydrographer 1 months ------------ 4 Field Surveyor 2 months ------------ 5 Ass. Field Surveyor 2 months ------------ 6 Dredging Expert / Civil Engineer ------------ 2 months 7 Environmental Expert 1 months 0.5 months 8 Port Operations Expert ------------ 1 months 9 Legal Expert ------------ 1 months 10 Naval Architect ------------ 0.5 months 11 8 13 Man Months Total: Profile required The following profile of experts is expected: Team Leader/Civil Engineer with at least 15 years experience in the field relevant to the assignment: The team leader shall be Civil Engineer and shall have a University Degree and full membership of a professional institution e.g. ICE. He/She shall be experienced in infrastructure analysis of river transport projects in developing countries. Ass. Team Leader/Transport Economist with at least 10 years experience in the field relevant to the assignment: The assistant team leader shall be a Transport Economist with a University Degree and full membership of a professional institution e.g. ICE. He/She shall be experienced in financial/economic analysis of waterborne transport projects in developing countries. Hydrographer with at least 10 years experience in the field relevant to the assignment: The Hydrographer shall have experience in planning and execution of field surveys and the evaluation of survey data towards the formulation of design criteria, in particular for training works, of waterways for commercial navigation in the confines of river systems. D:\106737567.doc 8 Field Surveyor with at least 10 years experience in the field relevant to the assignment: The Surveyor shall have experience in planning and execution of field surveys and the evaluation of survey data towards the preparation of bathymetric and topographic charts and the formulation of design criteria of port structures and engineering works along waterways. Assistant Field Surveyor with at least 10 years experience in the field relevant to the assignment: The Surveyor shall have experience in planning and execution of field surveys and the evaluation of survey data towards the preparation of bathymetric and topographic charts for engineering works along waterways. Dredging Expert/Civil Engineer with at least 15 years experience in the field relevant to the assignment: The Expert shall have experience in planning and design of river training works including dredging works in complex river systems for commercial waterways. The expert must have experience in formulation of terms of reference for subsoil investigation works. Environmental Expert with at least 10 years experience in the field relevant to the assignment: The expert shall be environmentalist with a University Degree in Marine Environmental Studies and have extensive experience in river environment of southern part of the African continent. Port Operations Expert with at least 10 years experience in the field relevant to the assignment: The Expert shall have practical experience in port management and the planning, directing and supervision of port operations, preferably of river ports in developing countries. Legal Expert with at least 10 years experience in the field relevant to the assignment: The Expert shall have experience in the preparation, analysis and amendment of national legal frameworks regarding the administration, operation and use of commercial waterways. Naval Architect with at least 10 years experience in the field relevant to the assignment: The Naval Architect shall have experience in design and construction supervision of commercial cargo vessels for river transport. The expert shall have particular experience in the planning of shallow drafted vessel systems optimised for commercial river navigation. D:\106737567.doc 9 Working Language The working language for this contract is English in which all experts shall be fluent. 4.0 Location and Duration Starting period Services shall start no later than 1. September, allowing the commencement of river survey works at low water level period, i.e. late September/early October. Foreseen finishing period or duration The approximate length of the assignment shall be 9 calendar months, the first 3 months of which shall be for Phase “A”. Services shall be completed with the submission of the Final Report on_________ latest. Location (s) of assignment Services will be performed in Malawi. The consultants will make their own arrangements for all necessary office and living accommodation, local transport, etc. Government Inputs The Government, through the Ministry of Transport & Public Works, will provide for the cooperation of the Government Ministries, Departments and other Agencies required for carrying out the work, liaison as necessary for this purpose. The Ministry of Transport & Public Works will give the Consultant full access to all information and will provide any other available relevant data, which is necessary for the proper and timely execution of the study. Support The Director of Planning in the Ministry of Transport & Public Works in Malawi will act as supervisor of the Consultants for the time of this study. Office space will be made available at Lilongwe. In the project area, the Consultant has to install its own office. D:\106737567.doc 10 Cost estimate Phase “A”: Unit Price in € Number Total in € Item Unit Expert fees month 8 17.300 138.400 Per diem month 8 4.170 33.360 International flight flight 7 2.500 17.500 Local transport month 4 2.000 8.000 Plans, drawings lumpsum 1 10.000 10.000 Laboratory analysis lumpsum 1 5.000 5.000 Excess luggage Lumpsum 1 8.000 8.000 Subtotal Contingencies 212.260 % 10 21.226 TOTAL 233.486 Cost estimate Phase “B”: Unit Price in € Number Total in € Item Unit Expert fees month 13 17.300 224.900 Per diem month 13 4.320 56.160 International flight flight 9 2.500 22.500 Local transport month 8 2.000 16.000 Plans, drawings Lumpsum 1 10.000 10.000 Reporting Lumpsum 1 10.000 10.000 Subtotal Contingencies 339.560 % 10 TOTAL D:\106737567.doc 33.956 373.516 11