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Republic of Kenya

MINISTRY OF AGRICULTURE, LIVESTOCK, FISHERIES AND IRRIGATION

(MoALFI)

STATE DEPARTMENT OF FISHERIES, AQUACULTURE AND BLUE ECONOMY

(SDFA&BE)

KENYA MARINE FISHERIES AND SOCIO-ECONOMIC DEVELOPMENT PROJECT

(KEMFSED)

Credit No: IDA-V1310: Project ID. No. 163980

TERMS OF REFERENCE

FOR CONSULTANCY SERVICES FOR DESIGN REVIEW & CONTRACT

DOCUMENTATION, AND CONSTRUCTION SUPERVISON FOR FISHERIES

HEADQUARTERS - “UVUVI HOUSE”

Contract No. KE-MOALF-113027-CS-QCBS

JULY 2019

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1.0 BACKGROUND

On May 2, 2016, in the Executive Order No. 1/2016, the Government of Kenya made a clear

commitment towards a new approach, the blue economy, and taking into cognizance the

importance of the sector to fuel the country’s economic growth, created the State Department

for Fisheries and the Blue Economy. The Presidential Blue Economy Committee established in

September 2016, while recognizing the many sectors in blue economy prioritized fisheries and

aquaculture; and maritime shipping and logistic services as priority sectors that would deliver

fast socio-economic benefits to the communities in the coastal areas. To strengthen fisheries

governance for sustainable utilization and enhanced revenues for the government and

employment creation, the government enacted the Fisheries Management and Development Act

2016 in September 2016. The Act established institutions that would strengthen the governance

of the fishing industry and aquaculture and enable investments along the fishery value chains

for socio-economic benefits. The institutions established include the Kenya Fisheries Service,

Kenya Fish Marketing Authority, Kenya Fisheries Advisory Council and the Fish Levy Trust

Fund.

To attain economic benefits from the coastal and marine resources, the Government of Kenya

(GoK) through the State Department for Fisheries, Aquaculture and the Blue Economy

(SDFA&BE) has requested the World Bank to support the proposed Kenya Marine Fisheries

and Socio-Economic Development Project (KEMFSED). The Project will be implemented over

five years along the coast covering the five coastal counties namely Kwale, Mombasa, Kilifi,

Tana River and Lamu. The overall goal is to enhance economic benefits and coastal livelihoods

from marine fisheries and coastal aquaculture while safeguarding associated ecosystems’

integrity. The implementing agency will be the State Department for Fisheries, Aquaculture and

the Blue Economy (SDFA&BE) on behalf of the Government of Kenya.

2.0 PROJECT COMPONENTS:

Component 1: Governance and management of marine fisheries and aquatic resources which

aims to strengthen marine fisheries and coastal aquaculture governance to control over fishing,

maintain or improve stock productivity and enhance associated ecosystem integrity. Sub-

component 1 will focus on coordination and institutional strengthening to ensure fisheries and

aquaculture resources are safeguarded in the context of implementing the blue economy

framework. Sub-component 2 will be on strengthening existing Fisheries Information System

(FIS) to ensure availability of integrated sectoral information to communicate the importance of

fisheries and aquaculture sector in broader coastal developments. Sub-component 3 will aim at

improving management of inshore/small scale fisheries. Sub-component 4 will aim at

improving management of offshore fisheries.

Component 2: Promote investment in marine fisheries and coastal aquaculture which aims to

promote efficient utilization of the resources by increasing investment in the marine fisheries

and aquaculture sector. Sub-component 1 will focus on improving the business environment and

private sector investment in the fishery and aquaculture sector whereas sub-component 2 will

focus on modernizing fisheries infrastructure to enhance value addition.

Component 3: Strengthening Marine Fisheries and Aquaculture-based Livelihoods for Coastal

Communities which aims to enhance social and economic benefits that coastal communities

derive from sustainable use of marine living resources. Sub-component 1 will be on

strengthening capacity of coastal communities on entrepreneurial and organizational skills and

sub-component 2 will aim at enhancing access to finance and grant support.

Component 4: This will be on project management which covers establishment and

operationalization of a project coordination unit including fiduciary, environmental and social

safeguards, and monitoring and evaluation functions.

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3.0 Rationale of the Assignment

To be able to address specific ocean management challenges and advance Kenya’s goals for

economic development and conservation, there is need to undertake fisheries infrastructure

development to develop and strengthen capacity of Kenya’s fisheries-related institutions. All the

fisheries related institutions are new, have accommodation challenges, and have been forced to

work in different geographical locations spread across Nairobi City such as Kilimo House, Maji

House, Nairobi Museum, etc. (SDFA&BE, Kenya Fisheries Service/KeFS, Kenya Fish

Marketing Authority (KFMA), Fish Levy Trust Fund, Kenya Fisheries Advisory Council,

Kenya Fishing Industries and others. This provides a challenge in service delivery as it

increases the cost of service delivery for both the clients and the organizations. Clients both

internal and outsiders are not only inconvenienced but incur unnecessary costs moving between

the offices in different geographical locations for providing or receiving services.

KeFS is the largest state corporation in the fisheries sector as it provides services to the

stakeholders and investors. It also implements most of the international obligations, protection

of the fisheries resources, development of standards and regulations which require a lot of

stakeholders’ consultations (an obligation under the Constitution). The stakeholders’ forums are

very costly because the venues are usually expensive. In addition, KeFS collect revenue which

need secure premises and strong rooms.

SDFA&BE recognized the benefits of centralized administration and requires that its total

personnel of different cadres from the various fisheries institutions work from a central office

building thereby minimizing operational cost while maximizing the employee satisfaction

which improves work productivity, create harmony among the institutions, and holds every

employee accountable for the work they produce. The proposed “Uvuvi House” therefore is

expected to consolidate all institutions under one roof and provide the clients with a “one stop”

service centre for fisheries and blue economy-related services.

4.0 Objective of Assignment

The objective of this assignment is to support the infrastructure development under KEMFSED

by providing the design and works’ construction supervision for the Uvuvi House as the

Fisheries Headquarters in Nairobi. The GoK proposes to select a Design and Construction

Supervision Consulting Firm to undertake the following activities:

4.1 Phase I: Lumpsum Contract - Design and procurement support – review (and if

necessary) revise the master plan prepared by Public Works. In consultation with

stakeholders, revise the existing outline designs and plans prepared by Public Works for

the Uvuvi House based on expected occupancy. Prepare environmental and social

impact assessment, management plans and health and safety plans; prepare technical

specifications, BOQ and bid documents (including full working and detailed drawings as

per GoK laws and get local authority approvals wherever required); Prepare

Landscaping Drawings, support procurement process including evaluation until contract

award.

4.2 Phase II: Time Based Contract - Construction supervision – supervise construction

including defects rectification; supervise implementation of Contractor’s environmental

and social management plan; certify payments for works undertaken by contractor to the

satisfaction of the Client(All these shall be agreed with public works on working

modalities)

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5.0 Scope of Services for the Consultancy and Expected deliverables

The scope of services of the consultancy is to revise and finalize the Uvuvi House design

prepared by Public Works based on expected occupancy; develop all requisite design drawings,

estimated cost, BOQ and tender documents for the procurement of works; include requirements

and estimated costing for furniture with specifications/drawings and breakdown; preparation of

environment and social impact assessment and environmental and social management plans,

occupation health and safety plans (including aspects related to gender based violence/GBV,

sexual exploitation and abuse/SEA), prepare bidding document, preparation of bid evaluation

reports and help with award of contracts and prepare contract document; supervise civil works;

certify payments to contractors, participate in inspection and acceptance committee sittings as

may be required, ie. (The consultant will be participating in the Committee sitting not as a Member but

as the “Engineer” having supervised the “Works” construction and issued Completion Certificates) and

prepare reports for approval of payment certificates raised including completion certificates;

help in taking over completed building; and support during defect liability period.

The consultancy will be carried out in accordance with World Bank Standards and will include

such tests and controls, as the consultant considers necessary under the circumstances, in

consultation with the Client

Architectural design

Response to site characteristics: topography, landscape and neighbourhood

Resolution of functional/ behavioural organization: site planning, internal and external

circulation

Resolution of structure: construction, technical detail, materials, services and cost

Environmental and Social safeguards as per World Bank Policies

The Consultant will ensure that all the applicable environmental and social safeguards

policies of the World Bank are strictly complied with

Environmental / Sustainable design

Use of natural ventilation as much as possible except in circumstances where artificial

ventilation is a requirement

The building should be of low maintenance with materials that do not weather and

durable especially in the high traffic areas such as corridors

The building design should introduce the spirit of natural light

There should also be consideration for the use of renewable energy especially solar

power; the roof could be used for mounting the photovoltaic panels

5.1 Phase I

Design and procurement support–This will involve both desk and field work as follows:

a) Undertake an environmental and social impact assessment of the proposed civil works in

accordance with NEMA and World Bank requirements. Ensure that NEMA approval civil aviation approval and licenses are obtained prior to starting any works, Present brief and

drawings received from public works to Client appointed Contract Implementation Team

(CIT) as per Clause 151 of the Act

b) Review and update master plan prepared by Public Works only if deemed necessary and

obtain necessary approvals

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c) Review, revise and update detailed designs and drawings prepared by Public Works

(Architectural, Structural, Electrical, Mechanical, Civil Engineering, and include Furniture

requirements with costs and specifications/drawings breakdown) and the Bills of

Quantities with detailed cost estimates in hard and soft format to be used for tender

purposes to implement the proposed works

d) Prepare Landscaping Design Drawings and include elements of Landscaping Cost in BOQ

e) Obtain approval for building from the relevant regulatory bodies and the SDFA&BE

f) Support the Client to prepare bid documents following Post Qualification requirements.

As the procuring entity, the Client will have the responsibility of inviting bids in

accordance with the World Bank procedures. The bid document will include detailed

Drawings for each Profession, BOQ and technical specifications based on World Bank

Standard Procurement Documents (SPD)

g) Should the client consider a pre-bid meeting, the consultant shall be expected to attend the

pre-bid conference with the bidders and render the Evaluation Committee all the

assistance required, including attendance at pre-bid meetings

h) Assist in preparing clarifications to bidders during the tendering process and prepare and

issue any addendum required during the period of bidding

i) Evaluation of bids received shall be based on both the bid documents issued and the

World Bank procedures. The evaluation committee will be appointed by the Principal

Secretary, SDFA&BE. The Consultant will support the evaluation committee and submit

first draft evaluation report to the Client, who will be responsible for the evaluation,

awarding of the contract(s) and for issuing notice(s) of the award

j) Prepare the relevant contract documents to be approved by the Client for signing of the

contract and coordinate and assist the parties in signing the contract.

5.1.2 Additional Details on Scope of the Consultant for Phase I

5.1.3 General Design Basis: The Consultant shall provide specific Project Quality Plans in

accordance with the principles of ISO 9001. The Consultant shall prepare, maintain and update

as required a Design Basis report to include:

Codes and standards applied for the project. For structural design Eurocodes1 shall be the

basic system, supplemented as necessary by Kenya national standards, directives and rules

Site parameters, including design wind speed, design precipitation, design extreme water

levels, temperature differential, insolation, etc.

Investigate and design for existing soil conditions

Design for loads, load combinations, floods and earthquake resistance factors

Utility demands, to be determined in consultation with stake-holders, relevant users and

laws of Kenya authorities

Materials and products: type, strength and quality, resistance factors

1The Structural Eurocode program comprises the following standards generally consisting of several Parts:

EN 1990, Eurocode: Basis of structural design.

EN 1991, Eurocode 1: Actions on structures.

EN 1992, Eurocode 2: Design of concrete structures.

EN 1993, Eurocode 3: Design of steel structures.

EN 1994, Eurocode 4: Design of composite steel and concrete structures.

EN 1995, Eurocode 5: Design of timber structures.

EN 1996, Eurocode 6: Design of masonry structures.

EN 1997, Eurocode 7: Geotechnical design.

EN 1998, Eurocode 8: Design of structures for earthquake resistance.

EN 1999, Eurocode 9: Design of aluminum structures

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Design methodology, types of material protections, including corrosion protection of all

metallic parts and mechanical components

Design computer software used

The minimum design life of the structures shall be 50 years before major maintenance becomes

necessary. All codes, standards and directives or by-laws shall be latest edition, irrespective of

whether revision number or date is stated or not.

5.1.4 Topographic Survey: Topographic detail survey and maps have been provided by the

Chief Engineer, Ministry of Works at a target scale of not less than 1:500 for the general area

where the building will be sited. This will be used as the basis of site alignments for the

building.

Deficiencies shall be recognized and steps to initiate corrective actions shall be taken.

5.1.5 Geotechnical investigation: The geotechnical investigations will comprise core sampling

at selected Trial pits locations to be decided by the geotechnical expert. The core sampling will

be needed to:

determine the sequence, thickness, and lateral extent of the soil strata

Provide sediment samples for geo-technical analysis in the laboratory

The Trial pits will be driven to the minimum depth required to reach competent material. Full

recovery of the sediments is required for identification and laboratory testing purposes.

The Consultant shall provide the methodology proposed for the estimation of the load bearing

capacity. This methodology should comprise a comparison between theoretical methods and in-

situ load bearing tests. The Consultant shall be responsible for all the specialised equipment

required for the field tests.

5.1.6 Preliminary Revised Design Presentation: At the end of the field work and prior to the

start on the final design drawings, the consultant shall present his findings and the proposed

draft designs to the client (Contract Implementation Team) for comments. The presentation

shall be design brief and PowerPoint presentation and include:

3-Dimensional rendition of the proposed building projects,

Spatial plans

Detailed description of architectural and engineering features, including materials to be

used in the construction and finishes of the buildings, especially green infrastructure and

anti-corrosion measures for the investments along the coast

A refined outline cost estimate

Following comments and acceptance of the presentation by the client (Contract Implementation

Team), the consultant shall then move on to the final design stage.

5.1.7 Detailed Final Design: The Detailed Final Design shall include:

Detailed Design Drawings ready for construction to be undertaken

Technical Specifications, including but not limited to:

o Preliminaries including requirements to Contractor's Health & Safety Plan-

Environmental Management Plan and Construction Management Plan; Demolition and

site clearance; stone works, drainage, water and sewage; power and lighting; paved areas

and perimeter walls

o Each construction item section shall at least contain: Scope; Materials; Workmanship

incl. tolerances; Testing; Measurement for calculation of payment

Bills of Quantities organised in separate bills with detailed quantities including Day work

Rates, and Summary Sheet. The Bills shall be itemised and prioritised to allow the final

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Works Contract to be adjusted to meet budget, if so required. Work items that may be thus

phased-in (such as external paving, landscaping) shall be clearly marked as such.

Ensure that Contractors’ Preliminary items should not be priced separately but should be

part of contractor rates.

Priced BOQ, i.e. the BOQ completed with unit price estimates to provide updated

construction budget.

5.1.8 Tender Documents

The Consultant shall prepare and submit for review and approval Tender Documents following

World Bank SPD: Request for Bids Without Prequalification, October 2017 or latest.

5.1.9 Outputs and deliverables:

The deliverables for the design, tendering and contracting period shall comprise:

Table 1 – Deliverables

Document

(English)

Hard copy

Number

Electronic copy

1 No.

Inception Report 4 PDF

Revised Design/Plans 4 PDF

Geotechnical report 4 PDF

Design Basis Report with preliminary 4 PDF

Plans for All disciplines - PPT

Design Presentation and revised Design 4 PDF

Preliminary revised Design Drawings 4 DWG

presentation including Master Plan PDF

Detailed Design working Drawings 4 PDF/DWG

Submissions to Authorities for approvals As required PDF

Final Design Report Ditto PDF

ESIA/ESMP/ESHS Ditto WORD/DOCX

Detailed Design Drawings and technical

Report

Ditto

Ditto

PDF/DWG

PDF/WORD

WORD

In the design stage the Consultant shall provide the deliverables at the prescribed milestones

indicated in Table 2, Timelines schedule.

Table 2 – Timelines Schedule for Phase I

Documents and Reports Latest Submission time Total time

Inception Report

Revised Design/Plans

Geotechnical report

Design Basis Report with preliminary

Plans for All disciplines

Design Presentation and revised Design

Preliminary revised Design Drawings

Within 15 days

Within 30 days

Concurrent

Concurrent

Within 15 days

0.5 month

1.0month

1.0month

1.0month

1.5 months

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presentation including Master Plan

Detailed Design working Drawings

Submissions to Authorities for approvals

Final Design Report

ESIA/ESMP/ESHS


Specifications for all disciplines

Bills of quantities (priced and unpriced)

Complete Tender documents

Tender Evaluation Report

Within 15 days

Within 45 days

Concurrent

Concurrent

45 days

15 days

15 days

15 days after tender

opened

2.0 months

3.5 months

3.5 months

3.5 months

5.0 months

5.5 months

6.0 months

6.5 months

The Consultant should receive written stage approvals from the Client (Contract

Implementation Team) in writing before proceeding to the next stage. The CIT should provide

each stage approval within 2 weeks.

5.2 Phase II

Construction Supervision and Reporting Phase

The consultant shall be fully responsible for supervision of the construction and maintenance of

works till the end of the contract and will assume responsibility for the complete contract design

and implementation. Ensure the construction site is isolated from existing activities on site and

from the public. In this regard, the Consultant shall carry out all of the Services necessary

focusing on best practices, timeliness, workmanship, cost-effectiveness inter alia:, including but

not limited to:

a) Supervise works to ensure that the works are implemented as per technical specifications

with high standards of workmanship, within the agreed timelines and within the

approved budget in accordance with the drawings and specifications

Prepare interim valuations for the works in progress and final bills, certifying the bills

for payments and submitting them to the Client for processing and payments to

contractors. The consultant will organize meetings which will be attended by the clients

and appointed Public works representatives to ensure certification of the payments

before they are effected to consultant.

b) Prepare project progress documents including Site Weekly Reports, Financial

Appraisals, Variation Orders and other such reports as and when required

c) Convene, in liaison with the Client, site meetings and inspections and preparing the

minutes and inspection reports at the agreed intervals. At the minimum, monthly site

meetings should be convened and conducted by the Consultant, and minutes of these

meetings should be prepared with highlight on any issue that requires the attention of the

Client, and submitted to the Client

d) Preparation of the final account and submission to the Client to process payments

e) Prepare and submit to the Client the As-Built drawings of the facility and the final

inspection report

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f) Assist the Client in taking over the completed facilities and issuing of the Practical

Completion Certificate and Certificate of Making Good Defects on confirmation that the

required status of the works has been accomplished

g) Attend consultative meetings convened by the Client to deliberate on the execution of

the works. In such meetings, the Consultant will be required to make presentations on

the project progress

h) Make provision for the employment of a clerk of works for the day-to-day supervision

of construction and measurement of works

i) Retain required manpower dedicated to the project for the duration of the defect’s

liability period

j) Ensure that the contractor adheres to the provisions of “The National Policy on Child

Protection and Safety” and outline how this policy will be applied during construction

works under the project

k) Satisfy themselves as to the nature and scope of the work, of all information available

and the documents and materials to be used in executing the works by the contractor.

l) Liaise where necessary with the Client and the Ministry of Lands regarding the land

acquisition action plan and shall maintain records and monitoring systems relating to

progress on land acquisition.

m) Identify and locate beacons and benchmarks, including field checks to confirm integrity

of survey data to enable the contractor subsequently set-out and execute the works.

n) Assign experienced resident staff (approved by the Client) to the supervision work.

o) Make proposals for any modification in design documents or construction details which

may be reasonable and prepare the required drawings or amendments to the relevant

contract drawings with prior approval by the Client.

p) Carry out detailed design and prepare drawings and specifications relating to any aspect

of the works which is not adequately covered in the original design drawings.

q) Carry out detailed design, to the satisfaction of the Client, of roadside amenities and

heavy truck parking area at the proposed locations and issue working drawings to the

Contractor and supervise their construction. The general layout drawings provided are to

be used only as guidelines.

r) Carryout detailed design to the satisfaction of the Client for the construction of access

road, site works, and services (water and power supply)

s) Review and approve drawings showing the construction layouts, concrete formwork

placement details, bar bending schedules, etc. which may be submitted by the contractor.

t) Carry out inspection of all working areas during the execution of the work, inspect

manufactured items installation and carry out tests on materials and equipment in

factories and laboratories to ensure that all conform to the agreed specifications and

shall issue relevant certificates of conformity.

u) Carry out tests on soils, materials and operations required to ascertain that the works are

in compliance with the specifications.

v) Ensure that the Contractor complies with sizes and dimensions shown on the working

drawings

w) Ensure that utilization of materials by the Contractor is in conformity with

specifications.

x) Ensure the adherence to specifications by the Contractor

y) Ensure that the supervision on site is carried out in a professional manner.

z) Check and approve all arrangements made during the construction so that traffic flow on

existing roads is not unduly interrupted

aa) Examine and approve the details of plans and programs submitted by the Contractor

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bb) Prepare variation orders whenever required and shall issue them to the Contractor with

written approval from the Client

cc) Ensure that all contractual claims raised by the Contractor are analyzed fully and a

comprehensive claim(s) report in five (5) copies containing the Consultant’s analysis

and recommendations is prepared and submitted in a timely manner to the CIT for their

consideration. The Consultant’s report regarding a claim received from the Contractor,

for which the Contractor has provided necessary particulars, shall be transmitted to the

Client not later than 30 days after substantiation is provided.

dd) Give the necessary instructions to the Contractor and assist the Client in dealing with

disputes, which may arise between the Client and the Contractor.

ee) Undertake training of 1 trainee engineer and 1 trainee inspector from the “Kenya

Fisheries Authority” Staff on contract management, the concept of quality control,

environmental monitoring and financial discipline during implementation

ff) Ensure Contractor complies with HIV/AIDs and all other Social and Environmental

mitigation measures as stated in the contract document and ESMP and ESHS.

gg) Ensure Contractor complies with road safety mitigation measures as stated in the

contract.

hh) Maintain a daily Site Diary, showing working hours, all activities in progress, the

equipment and manpower available, equipment down time, weather, stoppages etc.;

ii) Maintain accident records; keep comprehensive records for technical and financial audit

and hand-over on completion;

jj) Take comprehensive digital color progress photographs for records and progress

reporting;

kk) Produce Quarterly Reports (Inclusive of reports from all the professionals/team

members and experts) for circulation to the client. Produce quarterly project appraisal

reports.

In the supervision stage the Consultant shall provide the deliverables as indicated in Table 3

amongst others that they may be required to be provided to the Client.

Table 3 – Phase II Deliverables for Uvuvi House project

ACTIVITY OUTPUT FORMAT

Weekly technical site

meetings of all disciplines

Weekly progress report PDF

Monthly site meetings Minutes for general circulation PDF

Revisions to drawings

And instructions Timely issue of these so the work is

not delayed

PDF, DWG and

Archicadd

Monthly progress reporting

including interim payment

certificates

Monthly progress report PDF

Project completion, staging,

rectification and handing over

Time and Detailed report including

lessons learned

Also need Operations Manuals

PDF

As-built drawings Drawings PDF, DWG and

Archicadd

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Defects Liability Supervision

The Consultant shall supervise the maintenance of the works (including the administrative

aspects of the works) during the defects’ liability period. For the purpose of carrying out the

maintenance services, the Consultant shall assign a team of his personnel to conduct periodic

inspection of the works (at least once a month) and send a team of his personnel on the final

inspection leading to preparation and issuing of the final acceptance certificate. During this

period, the Consultant shall be expected to draw the attention of the Contractor to any defects as

soon as such defects are noticed on the building and the Consultant shall supervise the

subsequent remedial works. Twelve months are allowed for defects liability supervision.

The Consultant shall only be invited to take on the duties of the "Project Manager" as defined in

the General Conditions of Contract following the successful completion of Phase I - the design

stage, to the client’s satisfaction.

5.3 Management of Environment and Social Impacts during Construction

The Consultant will:

(i) Supervise the contractor’s environmental and social management plan that includes

health and safety (ESHS) and Gender Based Violence ((GBV) and Sexual Exploitation

and Abuse (SEA) aspects and ensure compliance with the applicable national laws and

regulations with respect to environment and social impacts. Applicable regulations shall

be deemed to include World Bank operational procedures and guidelines in respect of

environmental and social impacts.

(ii) Support the development and implementation of social impacts management tools that

will include stakeholder engagement plan, child protection strategy and grievance

redress mechanism. Further and importantly, ensure that all the workers sign the code of

conduct.

(iii) The Consultant is required to supervise, monitor and report on the implementation of the

enhanced measures in this regard, on Environmental, Social, Health and Safety.

6.0 Technical Staff Required for the Assignment

Key Staff Design Review and Documentation

The Consultant shall in its proposal provide all key staff and other professionals (who must be

fluent in the English language) as outlined in the ToRs. The list of positions to be provided will

be indicative of the expertise required for the assignment and the Consultant will organize its

team and skills mix based on the needs of the assignment. The Consultant will determine the

number and levels of support staff required.

As a minimum the team will comprise of key professional and suitably qualified staff as below,

with the following qualifications and competencies who will undertake Phase I (Design) and

Phase II (Works Supervision including Commencement Period and Defects Liability Period)2:

2The Supervising Engineer must, in addition to relevant technical background, also have broad-based experience in

site supervision in Kenya

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1. Team Leader: To be provided by the lead architectural firm. Must be a holder of a degree

in Architecture from a recognized university and having post registration experience of at

least 15 years and shall have a valid practicing certificate from BORAQS. The Design Team

Leader shall demonstrate sufficient Design and supervision Project Management skills and

shall have project management experience in at least two projects of similar nature, size and

cost.

2. Civil/Structural Engineer: Must be holder of relevant degree from a recognized university

and having post registration experience of at least 8 years in design of buildings/structures.

The Consultant shall have a valid practicing certificate from ERB. In addition, he must have

designed and supervised civil/ structural work for at least two completed projects of similar

size or cost.

3. Quantity Surveyor: He must be holder of a degree in building economics, quantity

surveying or related field from a recognized university and having post registration

(BORAQs) experience of at least 8 years in quantity surveying and shall have a valid

practicing certificate. In addition, he must have drawn bills of quantities and participated in

supervision for at least two completed projects of size or cost.

4. Electrical Engineer: He must be holder of a degree in electrical engineering from a

recognized university and having post registration experience of at least 8 years. The

Consultant shall have a valid practicing certificate from ERB. In addition, he must have

designed and supervised electrical work for at least two completed projects of similar size or

cost.

5. Mechanical Engineer: He must be holder of a degree in mechanical engineering from a




cost.

6. Environmental Expert: Should have at least a bachelor’s degree or equivalent in the

Environmental & Social and Health & Safety field with a minimum of 5 years of field

experience supervising similar projects in East Africa including aspects of environmental

and social health and safety. Should be a registered EIA Lead Expert with NEMA and

registered with Environmental Institute of Kenya.

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Key Staff Construction Supervision

1. Team Leader: To be provided by the lead architectural firm. Must be a holder of a degree

in Architecture from a recognized university and having post registration experience of at

least 15 years and shall have a valid practicing certificate from BORAQS. The Design Team

Leader shall demonstrate sufficient Design and supervision Project Management skills and

shall have project management experience in at least two projects of similar nature, size and

cost.

2. Civil/Structural Engineer: Must be holder of relevant degree from a recognized university

and having post registration experience of at least 8 years in design of buildings/structures.

The Consultant shall have a valid practicing certificate from ERB. In addition, he must have

designed and supervised civil/ structural work for at least two completed projects of similar

size or cost.

3. Quantity Surveyor: He must be holder of a degree in building economics, quantity

surveying or related field from a recognized university and having post registration


practicing certificate. In addition, he must have drawn bills of quantities and participated in

supervision for at least two completed projects of size or cost.

4. Electrical Engineer: He must be holder of a degree in electrical engineering from a




cost.

5. Mechanical Engineer: He must be holder of a degree in mechanical engineering from a




cost.

6. Environmental Expert: Should have at least a bachelor’s degree or equivalent in the

Environmental & Social and Health & Safety field with a minimum of 5 years of field

experience supervising similar projects in East Africa including aspects of environmental

and social health and safety. Should be a registered EIA Lead Expert with NEMA and

registered with Environmental Institute of Kenya.

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7. Clerk of works: should have at least a Higher National Diploma or equivalent in

architecture/Civil Engineering/ Construction Management with minimum of 15 years of

general experience plus five (5) years of specific experience on daily supervision

interpreting the design and detailing on site preferably in developing countries.

Other Professional/Support Staff ----will not be scored

1. Assistant Architect: To be provided by the lead architectural firm, must be a holder of a

degree in Architecture from a recognized university and having post registration experience

of at least 10 years and shall have a valid practicing certificate from BORAQS. The Design

Architect shall demonstrate sufficient Design Project Management skills and shall have

project management experience in at least two projects of similar nature, size and cost.

2. Assistant Civil/Structural Engineer: Must be holder of relevant degree from a recognized

university and having post registration experience of at least 5 years in design of

buildings/structures. The Consultant shall have a valid practicing certificate from ERB. In

addition, he must have designed civil/ structural work for at least two completed projects of

similar size or cost.

3. Assistant Quantity Surveyor: He must be holder of a degree in building economics,

quantity surveying or related field from a recognized university and having post registration


practicing certificate. In addition, he must have drawn bills of quantities for at least two

completed projects of size or cost.

4. Assistant Electrical Engineer: He must be holder of a degree in electrical engineering

from a recognized university and having post registration experience of at least 5 years. The


designed electrical work for at least two completed projects of similar size or cost.

5. Assistant Mechanical Engineer: Will be a holder of a degree in mechanical engineering

from a recognized university and having post registration experience of at least 5 years. The


designed electrical work for at least two completed projects of similar size or cost.

6. Social Development Expert: Registered with NEMA with 5 years professional experience

in management of social impact during project construction.

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7. Health and Safety Expert: Fully qualified medical assistant (paramedic) for urgent

treatment on site and fully furnished accommodation for injured person.

Note 1: The consultant shall submit CVs for all Key Staff. All CVs will be evaluated,

however only the following Key Experts will be scored: Key Staff 1-6. If any other Key

Expert is found unsuitable then the expert shall be replaced with an acceptable expert during

contract negotiations.

Note 2: Foreign Key Experts should be registered with relevant (equivalent) professional

bodies and should register with the relevant national professional bodies within three (3)

months after signature of contract or be in consortium with local firm

The assignment is expected to take 6 months for Phase I and 24 months for Phase II plus

additional 12 months for defect liability period.

The Consultant shall forecast inputs from Key Staff (and support staff) to support the key

experts in matching the tight deadlines imposed by this Terms of Reference. The Consultant is

free to organize and propose the composition of its teams to carry out the studies in a

professional and timely manner. Other professionals may include land surveyors, landscape

designers, interior designers, etc. to complete the whole cohort of staff needed to successfully

undertake this assignment.

Proposed Payment Schedule for Phase I

This will be a Lumpsum Contract and the Payments will be as below;

Documents and Reports Percentage

Submission of Acceptable Inception Report

Submission of Acceptable Reports On;

Revised Design/Plans

Geotechnical report

Design Basis Report with preliminary

Plans for All disciplines

Submission of Acceptable Reports on;

Design Presentation and revised Design

Preliminary revised Design Drawings

presentation including Master Plan Submission of Acceptable

Detailed Design working Drawings Submissions to Authorities for

approvals

Submission of Acceptable Reports on;

Final Design Report

ESIA/ESMP/ESHS


Specifications for all disciplines

10%

20%

20%

30%

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Submission of Acceptable;

Bills of quantities (priced and unpriced)

Complete Tender documents

Tender Evaluation Report

20%

Proposed Payment Schedule for Phase II

This will be a Time Based contract and payments will be as per output/performance based on

measurements (ad measurable)

Table 4: Key Expert Inputs for Phase I and II

[NOTE: estimated man-months will be indicative and should be adjusted as needed]

KEY Key Expertise Total likely

input - Phase I

(man-months)

Total likely input - Phase

II (man-months)

KE 1 Team Leader* 3 5

KE 2 Civil/Structural Engineer 2 3

KE 3 Quantity Surveyor 1 3

KE 4 Electrical Engineer 1 3

KE 5 Mechanical Engineer 1 3

KE 6 Clerk of works 0 24 + 2 months for DLP

KE 7 Environmental Expert 1 2

9 Man-Months 45 Man-Months

Support Staff

KE 8 Assistant Architect 3 4

KE 9 Assistant Civil/Structural Engineer 1 2

KE 10 Assistant Quantity Surveyor 1 2

KE 11 Assistant Electrical Engineer 1 2

KE 12 Assistant Mechanical Engineer 1 2

KE 13 Social Development Expert 0.5 1

KE 14 Health and Safety Expert 0.5 1

TOTAL 8 14

*Considering size of the project, the TOR does not expect a full-time TL. The consultant should

spread the time of TL for entire assignment including the DLP

7.0 REPORTING SYSTEMS

The Client’s Project Coordinator shall appoint a Technical Specialist as a focal point/liaison

with the Consultant. The Consultant shall be responsible for preparation and submission of

reports and documents as needed for the project and to the satisfaction of the Client. The reports

to be submitted by the consultant are all part of the deliverables and the dates for submission

shall be indicated on the Project Management Plan duly approved by the Client. The Consultant

will submit all reports in hard and electronic version. The Project Management Plan shall

include the submission of the following (but limited) reports:

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8.0 FACILITIES AND SERVICES

8.1 The Client will make available to the Consultant, the following data, documents and

information:

(i) World Bank procurement guidelines and standard bidding documents.

(ii) Drawings and relevant documents from Public works.

(iii) Support the consultants with relevant literature, marine fisheries and departmental

needs

(iv) Arrange Consultative meetings for the consultant at the Headquarters and in the

field.

(v) Facilitate letters of introduction that the consultant may require in relation to the

assignment

(vi) The Client is making available the proposed building plans and masterplans for the

sites in question prepared during the preliminary identification phase by the Public

Works, as well as the outline designs carried out prior to this contract, including

outline drawings.

(vii) The Project coordinator will form the contact-point for communication between the

Client, Consultant and other stakeholders.

(viii) Facilitation of any approvals by Statutory Bodies.

(ix) Communication and coordination with the relevant Government officials.

(x) Any available site data.

8.2 Consultant will be responsible for its own office accommodation, computers,

transport, office equipment and furniture and all operational expenses.

8.3 Reference Material

8.3.1 Site location and existing buildings views

8.3.2 Uvuvi House preliminary Design and Drawings by Public Works

8.3.3 Site plan and Master Plan by Public Works

8.3.4 Topography Survey plan

9.0 SPECIFIC REQUIREMENTS OF THE CONSULTANT

Conduct of the Consultant

9.1 The Consultant staff will be expected to carry out this assignment in an open and

transparent manner and with the highest degree of professionalism and integrity.

9.2 The Consultant will not, under any circumstance, take any action or be seen to be

taking any actions, which may hinder or prevent the client from executing this or any

other assignment included as part of the project preparation activities.

9.3 The Consultant will not, under any circumstance, take any material decision, discuss

or reveal any information pertinent to this assignment or any other assignment/

transaction conducted as part of the project preparation activities without the written

permission of the client.

9.4 Consultants shall waive all copyrights of documents, data and project information in

favour of the client.

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10.0 Consultations

During preparing the designs, the consultant will consult (and work in close collaboration with) the

relevant users in the project through CIT, and in addition, consult and get views of a broad range of

stakeholders. The Consultant will be expected to indicate in the inception report the extent of such

consultations. The consultations will form a basis of reviewing the accommodation schedule as

used by Public works to arrive at the shared design.

The consultant is expected to provide a Gantt chart showing activities(Key Expert inputs in

Man-months) for each phase of the project (Phase I and II).

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11.0 ENVIRONMENTAL AND SOCIAL POLICY

[Note to Client: for supervising civil works contracts: The Client should attach or refer to the

WB’s environmental, social, health and safety policies that will apply to the project. If these are

not available, the Client should use the following guidance in drafting an appropriate policy for

the Works.]

SUGGESTED CONTENT FOR AN ENVIRONMENTAL AND SOCIAL POLICY The Works’ policy goal, as a minimum, should be stated to integrate environmental protection,

occupational and community health and safety, gender, equality, child protection, vulnerable

people (including those with disabilities), gender-based violence (GBV), HIV/AIDS awareness

and prevention and wide stakeholder engagement in the planning processes, programs, and

activities of the parties involved in the execution of the Works. The Client is advised to consult

with the World Bank to agree the issues to be included which may also address: climate

adaptation, land acquisition and resettlement, indigenous people, etc. The policy should set the

frame for monitoring, continuously improving processes and activities and for reporting on the

compliance with the policy.

The policy should, as far as possible, be brief but specific and explicit, and measurable, to

enable reporting of compliance with the policy. As a minimum, the policy is set out to the

commitments to:

1. apply good international industry practice to protect and conserve the natural

environment and to minimize unavoidable impacts;

2. provide and maintain a healthy and safe work environment and safe systems of work;

3. protect the health and safety of local communities and users, with particular concern

for those who are disabled, elderly, or otherwise vulnerable;

4. ensure that terms of employment and working conditions of all workers engaged in the

Works meet the requirements of the ILO labor conventions to which the host country is

a signatory;

5. be intolerant of and enforce disciplinary measures for illegal activities. To be

intolerant of, and enforce disciplinary measures for GBV, child sacrifice, child

defilement, and sexual harassment;

6. incorporate a gender perspective and provide an enabling environment where women

and men have equal opportunity to participate in, and benefit from, planning and

development of the Works;

7. work co-operatively, including with end users of the Works, relevant authorities,

contractors and local communities;

8. engage with and listen to affected persons and organizations and be responsive to

their concerns, with special regard for vulnerable, disabled, and elderly people;

9. provide an environment that fosters the exchange of information, views, and ideas that

is free of any fear of retaliation;

10. minimize the risk of HIV transmission and to mitigate the effects of HIV/AIDS

associated with the execution of the Works;

The policy should be signed by the senior manager of the Client. This is to signal the intent that

it will be applied rigorously.

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Requirements and Scope of Services

Key Expert/s: Environment, Social, Health and Safety (ESHS)

Qualification for the ESHS Key Experts: The Key Expert/s shall have the appropriate level of

academic and professional qualifications and experience to recognize and to deliver good

international industry practice with respect to Environment, Social, Health and Safety.

Scope of ESHS Key Expert Services, tasks and expected deliverables

Ensure the Contractor’s ESHS performance is in accordance with good international industry

practice and delivers the Contractor’s ESHS obligations. This includes, but is not limited to:

1. review and approve the Contractor’s Environment and Social Management Plan (C-ESMP),

including all updates and revisions (not less than once every 6 monthly)

2. review and approve ESHS provisions of method statements plans, proposals, schedules and

all relevant Contractor’s documents

3. review and advise the relevant person (of the Engineer) on the ESHS risks and impacts of any

design change proposals and the implications for compliance with ESIA, ESMP,

consent/permits and other relevant project requirements

4. undertake audits, supervisions and/or inspections of any sites where the Contractor is

undertaking activities related to the Works, to verify the Contractor’s compliance with ESHS

requirements, with and without contractor and/or client relevant representatives, as necessary,

but not less than once per month

5. undertake audits and inspections of Contractor’s accident logs, community liaison records,

monitoring findings and other ESHS related documentation, as necessary, to confirm the

Contractor’s compliance with ESHS requirements

6. agree remedial action/s and their timeframe for implementation in the event of a

noncompliance with the Contractor’s ESHS obligations

7. attend meetings including site meetings, progress meetings to discuss and agree appropriate

actions to ensure compliance with ESHS obligations

8. check that the Contractor’s actual reporting (content and timeliness) is in accordance with the

Contractor’s contractual obligations

9. review and critique, in a timely manner, the Contractor’s ESHS documentation (including

regular reports and incident reports) submitted to [Resident Engineer or named Key Expert

with overall responsibility for the Engineer] and to provide advice to ensure the accuracy and

efficacy of the documentation

10. undertake liaison, from time to time and as necessary, with project stakeholders to identify

and discuss any actual or potential ESHS issues, and report to [Resident Engineer or named

Key Expert with overall responsibility for the Engineer]

11. prepare a brief monthly report that describes the work that the Engineer’s ESHS Key Expert/s

have undertaken, the issues (including any Contractor’s ESHS noncompliance) identified and

the actions taken to address the issues.

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12.0 Site Analysis

UVUVI House, Bellevue Site

ITEM CHARACTERISTIC

Cadastral situation The site enclosed by the perimeter wall is an existing

Government compound and the proposed works do not fall

outside the footprint of the perimeter wall. Area already

designated for office use.

Utilities (Water & Power) Mains water and electricity are already available on site.

Utilities (Sewerage) The main sewer line runs along the southern perimeter road

but is known to be inadequate.

Surface water drainage The area is known to be prone to flooding during the rainy

season. A small polluted stream runs along the northern

perimeter of the plot.

Public services Buses run along two perimeter roads.

Surrounding environment The site sits in an urban environment of mixed

residential/office buildings.

Height limitations The area has a height limitation 22 metersdue to its location on

the approach to Wilson airport.

Social impacts identified RAP required to move street vendor (restaurant) at main gate

Geology of site The top soil is black cotton soil, unsuitable for any engineering

use and must be removed from the excavation volumes.

Hazardous materials on

site

No known industrial activities were ever located on site and no

hazardous wastes are present that may impact excavation

works.

Works in hand to be done

by client.

Some internal road and drainage works will be constructed by

client.

13.0 CLIENT’S PROPOSAL: This is given as a GUIDE that needs to be affirmed after

consultation with stakeholders.

The building will accommodate 3 entities at a minimal: SDFA&BE, Kenya Fisheries

Service (KeFS),and Kenya Fish Marketing Authority (KFMA). It is proposed to have core

common facilities serving 3 wings. The common facilities would consist of:

1. A reception area: common reception and enquiry area

2. Conference room (1): to accommodate 200 persons

3. Large/ meeting space (2): to accommodate 20-35 persons

4. Medium meeting rooms (2): to facilitate formal meetings of about 15-20 people

5. Small meeting rooms (4): which can accommodate 10 persons by guests

6. Lounges/ waiting area: to facilitate interaction and waiting

7. Pantry area: An open support space for staff to get coffee/ tea/ soft drinks and

snacks

8. Library: A semi-open/ enclosed space for reading of books, journals and magazines

9. Open spaces: to facilitate open-plan office space for support activities

10. Toilet facilities; In conformity to international standards and Kenya Building Code

11. common kitchen: to support the conference facilities and employees

12. Visitors’ waiting area: An open/ semi-open space where visitors can be received

13. Smoking room: An enclosed space with air-cleaner and foul air extractor where

employees can smoke cigarettes

14. Lactation room: For employees with children with adequate facilities and

equipment

15. Circulation spaces: for circulation on office floors, linking all major functions

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The SDF wing (62 staff) would accommodate:

1. Large Executive office suites (2): with a small Board room, which can

accommodate formal and informal interaction of 5-10 people, a reception area.

These will accommodate the Principal Secretary and the Fisheries Secretary

2. Executive offices (6): to accommodate the Director of Administration, Director of

Human Resources, heads of technical departments, heads of ICT, Accounts,

Procurement and Finance

3. Medium office: space to accommodate medium level accountants, procurement,

finance and technical personnel

4. Office cubicles: to semi-secluded accommodate other staff under various technical

and support lines

5. Open plan office space: to accommodate the Kenya Fisheries Advisory Secretariat

6. Open space: for accounts staff, clerks and registries and their staff to enable

supervision and flow of work.

The KeFS wing (300 staff) would accommodate:

1. Large Executive office suites (2): with a small Board room, which can

accommodate formal and informal interaction of 5-10 people and a small reception

area. These will accommodate the Director General and the Chair of the Board of

Directors

2. Executive offices (9): to accommodate the Director of Finance and Administration,

Technical Directors, Head of Human Resources, ICT, Accounts, Procurement,

Legal Affairs, Finance, Company Secretary and Auditor

3. Medium/ private office space: to accommodate medium level technical divisional

heads, accountants, procurement, finance, human resources, legal counsel,

personnel, registry, cashiers as their activities are confidential and require

concentration

4. VMS Room /office space: to house clerks and data manager

5. Database room: enclosed office space to accommodate the server, database

manager and 3 semi-enclosed space for the data analyst, information

communication officer and data entry personnel

6. Cubicle space: suitable for activities which are confidential, demand a lot of

concentration

7. Shared office: Principal fisheries officers, human resources officers, accounting

and the interns who require a lot of consultations in development of reports and

documents, learning and the accounting and procurement and human resources

officers

8. Strong room: to accommodate cashiers, closed (secret) registry and storage of

accountable items

9. Cubicle space: for open registry and legal counsels

10. Team rooms: licensing clerks and registries to allow for team work and flow of

work

11. Common support services area: 12. Large storage space (1): An enclosed support space where employees can record

and keep the exhibits accruing from the enforcement

13. Team rooms (3): An enclosed work space for four to ten members of staff for

teamwork planning and brainstorming on MCS matters which is confidential and

demands frequent internal communication

14. Break area (1): A semi-open support space where KeFS staff can take a break

from their work

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15. Waiting area: A semi-open support space where clients waiting for the services

such as licensing / appointments can be received and wait

The KFMA wing (30 staff) would accommodate:

1. Large Executive Office Suite (1): for the CEO

2. Executive Office: Head of Finance and Administration and the Marketing Strategist

3. Private Office: medium size office for the accountant and the procurement

4. Open space: for filing and reception

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ANNEX 1 - PROPOSED UVUVI HOUSE SITE

BELLEVUE SITE – NAIROBI

Figure 1. Site location

LABORATORY

0 100m

ENTRY GATE

25

Figure 2. Panoramic view of site from Gate

Figure 3 Panoramic view from entry gate

ANNEX 2– PROPOSED UVUVI HOUSE DESIGN DRAWINGS

ANNEX 2– PROPOSED UVUVI HOUSE DESIGN DRAWINGS

Proposed Fisheries HQs (1).zip

LABORATORY