TOR_Nacala Dam and Reservoir Project Terms of Reference Terms of Reference for Nacala Dam and...

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TOR_Nacala Dam and Reservoir Project Page i of 81 Terms of Reference Terms of Reference for Nacala Dam and Reservoir Project

Transcript of TOR_Nacala Dam and Reservoir Project Terms of Reference Terms of Reference for Nacala Dam and...

TOR_Nacala Dam and Reservoir Project

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Terms of Reference

Terms of Reference for Nacala Dam and Reservoir Project

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1.0 Background

The Government of the Republic of Mozambique (GOM) has received a grant from the Millennium Challenge Corporation (MCC), an innovative United States established foreign assistance program designed to reduce poverty by promoting sustainable economic growth. MCC operates on the principle that aid is most effective in countries that promote good governance, economic freedom and investments in people. The GOM, through MCA (Millennium Challenge Account-Mozambique, a public institution created by the GOM) and its National Directorate of Water (DNA-GOH) organ, intends to use a portion of the proceeds of this grant, to carry out feasibility studies relating to the rehabilitation and augmentation of the Nacala Dam and Reservoir.

National Context Situated on the Indian Ocean coast of southern Africa, Mozambique is the 16th largest country in Africa in geographical and regional terms. It borders South Africa and Swaziland in the south, Zimbabwe and Zambia in the west, and Malawi and Tanzania in the north. It has 799,380 km2 and over 2,750 kilometers of coastline. Mozambique’s total population is just over 19 million, nearly 70% of which is living in rural areas. Despite a growing trend of urbanization, Mozambique remains one of the less densely populated nations in Africa, with 24.3 inhabitants per km2. The topography is dominated by flat rolling areas along the coast and further inland. There are several very large rivers such as the Zambezi, the Limpopo and the Save which are surrounded by wide sedimentary valleys. Near the coast the Limpopo and Zambezi rivers form deltas, subject to seasonal flooding. Other rivers form estuaries with widespread swamp-land. The western parts of the country are hilly, with the highest mountains rising to nearly 2,500 m. The predominant soils are fine grained, generally sands and silts, although clays are found in the river valleys. In areas where the landscape is more rolling the finer soils can be interspersed with coarser materials such as gravel. The country lies in the region affected by the monsoon and receives most of its rainfall between October and April. The annual precipitation differs between localities. In high-lying areas of Zambezia Province the maximum annual rainfall is more than 3000 mm, while in the south of the country the minimum is about 450 mm. The wettest month is January with an average rainfall of 130 mm; the driest month is July averaging only 13 mm. Temperatures follow a similar pattern. The extremes occur in February and July with average daily temperatures of between 22-31 °C and 13-24 °C, respectively.

The country has great economic potential in agriculture, tourism, fishing and mining, which has largely been untapped due in part to the prolonged period of civil conflict. Mozambique’s economy is largely agricultural in nature: shrimp, prawns, cotton, cashew nuts, sugar cane, and copra make up 45% of the nation’s GDP (which has grown in recent years at an annual rate of roughly 8% (1996-2007 average). Subsistence farmers produce cassava, corn, and rice. The Mozambican industrial sector fell to a near stand-still due to the civil war. Encouraging economic growth in this sector is a Mozambican priority. Tourism is another sector with great development potential. Prior to independence from Portugal, Mozambique was one

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of southern Africa’s most popular tourist destinations, hosting millions of foreign travelers who enjoyed Mozambique’s unspoiled beaches and offshore islands. The industry was crippled by the civil war, but is slowly growing again.

Despite Mozambique’s rapid economic growth, half of the Mozambican population still lives in poverty. The Government’s Action Plans for Poverty Reduction – PARPA’s - are based on the premise that broad-based economic growth and infrastructure investments are critical to poverty reduction. In the PARPA, the Government outlines investment in human capital, including water and sanitation services, as one of the three pillars to meet a sustained growth agenda.

As a direct response to PARPA, the Millennium Challenge Corporation (MCC) and the Government of Mozambique (GoM)’s Compact (Signed July 13, 2007) defines Water and Sanitation (WSS) investments in eight cities of three northern Mozambique provinces – Cabo Delgado, Nampula and Zambézia. Among the projects identified by the GOM is the “Nacala Dam and Reservoir.” The Government of Mozambique’s plans are to use MCC funding to rehabilitate and/or augment the capacity of the Nacala Dam and Reservoir.

The Nacala Reservoir is the primary water supply for the City of Nacala, also to receive funding for water and sanitation system improvements. Due to a previously identified risk of dam failure, water levels at the dam are reported to be kept low, reducing the water supply for Nacala significantly. In addition, there are significant increases projected for water demands for the city due to population growth and other planned developments. Projected demands for urban growth in the City of Nacala greatly exceed the existing water supply capacity of the Nacala Dam Reservoir. The Implementing Entity Under the Implementing Entity Agreement between the Government of Mozambique’s MCA (MCA) and National Directorate of Water / Cabinet of Hydraulic Works (DNA-GOH), DNA will transfer the Nacala Dam operational responsibility to the Regional Water Authority-Central North (ARA-Centro Norte) which has legal standing but is not yet operational. Due to the combined implementation and operational responsibilities, the Implementing Entity is referred to as DNA-GOH/ARA-CN.1

The MCA Management Unit (MCA MU) includes Water and Sanitation Program Manager that will be responsible for coordination with DNA-GOH and other Implementing Entities responsible for water and sanitation projects. The primary point of contact in the MCA MU will be the MCA Nacala Dam Coordinator specifically dedicated to the MCA projects that are implemented by DNA-GOH. The Nacala Dam Coordinator will be involved in all interactions between DNA-GOH and the members of the MCA MU including the Procurement Manager and the MCA ESI Specialist. The MCA Nacala Dam Coordinator will be responsible for provision of key reports and documentation needed by DNA-GOH for implementation, ongoing monitoring

1 DNA-GOH is a legal part of The Agreement between MCA and Cabinet of Hydraulic Works of the National Directorate of Water (DNA-GOH), during studies and construction phases of project. So the transference expected refers only for exploration and management of the dam.

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of performance of DNA-GOH responsibilities described in the Implementation Agreement, timely review and coordination on all elements of the Compact Agreement Work Plan, as well as coordination with MCA on all milestones where “no objection” is required. MCA is the Accountable Entity and is responsible for providing the financial resources for the water supply projects described in the Compact. MCA shall make available to DNA-GOH resources required to provide proper oversight of these activities – including the resources required to staff a Dedicated Team within DNA-GOH. DNA-GOH shall use its own resources and the resources of the MCA dedicated project coordinator to implement the projects related to the rehabilitation of the Nacala Dam and institutional development as set forth in the Compact and a detailed work plan developed by DNA-GOH. DNA-GOH is responsible to oversee the implementation of the projects in a timely and cost effective manner. MCA shall be responsible to (i) review DNA-GOH implementation progress, (ii) facilitate the required approvals, (iii) contract for resources associated with the studies, consultants, goods, services and works, and (iv) maintain donor relations. Nacala Dam Project Implementation Structure

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As the implementing entity, DNA-GOH will have overall project implementation responsibilities. DNA-GOH will be required to coordinate with the MCA Management Unit (MCA MU) to ensure project activities are carried out in a timely manner consistent to project design and implementation work plans. DNA-GOH will work closely with the MCA Nacala Dam Coordinator, and DNA will supervise the DNA Nacala Dam Coordinator, who will be based within DNA-GOH. As the implementing entity, DNA-GOH shall have the following key functions related to rehabilitation work for the Nacala Dam. DNA-GOH will be responsible specifically for the following:

• Implement rehabilitation and rising of the Nacala Dam, and reservoir and associated environmental and resettlement work.

• Manage the Project’s schedule and budget. Monitor and report on the physical and financial progress of the works undertaken by all consultants and contractors on quality of goods, works, and services supplied.

• Manage institutional activities related to public outreach and coordination with existing and new organizations involved in the water supply for Nacala such as the current Empresa de Aguas de Nacala (EAN), the planned Provincial Water Board and the planned Asset Management Unit as well as any future private operators. This responsibility includes drafting and coordinating the approval process for any required legal documents.

• Supervise the Project-Dedicated Team, consisting of the Nacala Dam Coordinator, Hydrologist and the Hydraulic Engineer Technician. Though these positions are funded through MCA-Mozambique by the Compact, staff supervision and the review of the staff’s work will be the responsibility of DNA-GOH.

• Ensure quality through the implementation of a Quality Assurance Plan (QAP) or Plans for all aspects of the project including procurement support, feasibility, design, construction, operation and project closure. The QAP(s) should indicate who is responsible for review and what actions are to be taken in response to problems.

• Perform key financial management and procurement activities by preparing draft RfPs, EOIs, SOWs, TORs, for use by the MCA Procurement Agent and reviewing and approving invoices.

Environmental, Legal, Regulatory and Institutional Context The Government of Mozambique (GOM) envisions that the use of natural resources fulfills the basic needs of the people and development of the nation in equilibrium with economic growth, technology development, environmental protection and social equity. DNA-GOH will be responsible for ensuring that all activities of the Project are implemented in a manner consistent with MCC’s Environmental Guidelines and

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applicable Mozambican environmental laws and regulations. DNA-GOH will also have responsibility for overseeing the implementation of Environmental Management Plans (EMPs) for all activities in the Project and verifying that the Works contractors are implementing relevant mitigation measures as defined in and required by the EMPs. All activities should be carried out in close coordination with the MCA Environment and Social Impact Specialist (MCA ESI Specialist). Under Mozambican law, no project may be undertaken without a license issued by the Ministry for Coordination of Environmental Activity (MICOA). As defined in MICOA’s directives and ministerial diplomas, key steps in the environmental licensing process are:

• A pre-assessment determination by MICOA of project environmental category and the subsequent procedures that must be followed;

• Establishment of a Technical Assessment Commission, composed of specialists from within and outside MICOA to review environmental impact assessments and related documentation;

• Public consultation in accordance with MICOA’s Ministerial Diploma 130/2006; and

• Review of the environmental report by the Technical Assessment Commission and decision on the license and any attached terms and conditions.

There are no requirements within the GoM regulatory framework for an assessment of public health and safety impacts to be included in Environmental Impact Reports. However, given the importance of the these issues, the Consultant will include Health and Safety Impact Statements in Environmental and Social Assessment Reports, based upon standards set by the MCC Environmental Guidelines and the World Bank Environment Handbook.

Resettlement and Social Impact Management DNA-GOH will be responsible for management of all resettlement activities associated with the Project. These will require management of both, the development and implementation of Resettlement Action Plans and may involve procurement and financial management assistance related to appropriate professional services. All activities should be carried out in close coordination with the MCA ESI Specialist as follows. Specifically, DNA-GOH will be responsible for ensuring that construction timelines have adequate time for RAPs, that Right of Ways are completely clear before authorizing construction for any given project element, and for proper disbursement of resettlement funds to affected parties in the project area.

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2.0 Description of the Consultancy

Concurrent to the works associated with the Nacala Dam and Reservoir described in this document, the MCA will be tendering contracts for the feasibility study, design, and construction of the rehabilitation and expansion of the water supply system for the City of Nacala. These two projects are closely related and will require close coordination. The division of responsibility between the Nacala Dam and Reservoir Project and the Nacala City Water Supply Project lies at the reservoir outlet tower. All civil engineering aspects relating to the rehabilitation and raising of the reservoir outlet tower are the responsibility of the Nacala Dam consultant. The Nacala City Water Supply Project is responsible for the pumps and pipeline from the tower to the adjacent water treatment works. The Nacala Dam consultant shall provide all necessary assistance to the consultant engaged on the water supply project to enable him to fully design these aspects of the scheme. Therefore, the Consultant is required to liaise with the Team conducting the associated feasibility studies for the City of Nacala water supply system.

The projected water demand of Nacala City and surrounds indicates that the capacity of the Nacala Dam will have to be increased. The GoM proposed that this be done by raising the dam and potentially constructing an additional dam on the nearby Sanhute River from where water would be piped to the Nacala Dam where a treatment works is located.

This study was preceded by a pre-feasibility level study into Nacala Dam and a new dam and transfer scheme to augment the supply to Nacala. The results of this investigation are included in the report “Nacala Dam and Reservoir, Revised Technical Review and Interim Report 1, Mozambique Water & Sanitation Project, October 2006”, hereafter referred to as the Baker Report. The main recommendations of the study are that Nacala Dam has to be rehabilitated and raised and that a new dam may be required on the Sanhute River (to be located approximately 9 km south west of Nacala Dam). This TOR focuses on the rehabilitation and raising of Nacala Dam only as Sanhute Dam will be addressed separately.

The Consultancy for the Nacala Dam and Reservoir Project includes the following work aspects:

• Engineering feasibility study to assess the viability of rehabilitating and raising Nacala Dam while maintaining water supplies to Nacala City.

• Topographic survey of the Nacala Dam site, surveyed to 1 m contour intervals, and of the reservoir area, to 5 m contour intervals.

• Bathymetric (hydrographic) survey of the Nacala Dam reservoir.

• Geotechnical investigation. The purpose of the geotechnical investigation is to provide input and information for the rehabilitation and rising of Nacala Dam. Estimates of available construction material quantity and quality are also to be provided.

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• Environmental Impact Assessment (EIA) study and related licensing requirements. The findings and mitigation requirements from this study need to be incorporated into the dam design so as to minimize the effect that dam construction might have on the natural environment and the population of the surrounding area. To ensure sustainability of the water resource and reservoir the study should also make recommendations on appropriate management in the watershed upstream of the dam.

• Development and support of the implementation of a Resettlement Action Plan consistent with the World Bank Policy on Involuntary Resettlement (O.P. 4.12)

• Detailed Design, including the preparation of technical inputs to tender documentation. Provision of advice during the procurement process.

• Supervision of construction

In terms of the EIA, an initial impact review has been conducted on the proposed raising of Nacala Dam. Potential environmental and social impact issues were identified taking into account the initial technical assessment. However, a full EIA is required for the proposed activity, a large dam investment project that falls into Category “A” Projects as stated by the Mozambican Environmental Impact Assessment Regulation and MCC Environmental Guidelines. Requirements for environmental releases from the reservoir should be evaluated as part of the integrated design and EIA process.

2.1 Nacala Dam and Reservoir

The study area includes one site, namely the Nacala Dam.

Nacala Dam is located on the Muecula River approximately 30 km south west of Nacala City. Nacala Dam is the principle source of water to the City and is of strategic importance to its development. The national N13 Nampula / Nacala road crosses Nacala Dam and is therefore an important consideration in rehabilitation of the dam as a road deviation would impact traffic. Environmental and social/resettlement considerations are discussed in Sections 4.5 and 4.7.

The port of Nacala is the maritime end of the important Nacala/Malawi corridor, and is one of the three most important ports in Mozambique. The present population of Nacala is approximately 300,000 and the current growth rate is estimated at 6%. Nacala is an important economic center of the northern region of Mozambique.

The design of Nacala Reservoir was commissioned in 1969 and the construction works were completed in 1974. The reservoir embankment is 17.4 m high and 324 m long and has a spillway comprising two 6 m wide radial gates situated on the left flank. The dam embankment is not equipped with an outlet works and has a full supply level of 74 meters above sea level (masl). Raw water is abstracted from Nacala Dam via an intake tower situated approximately 55 m upstream of the spillway inside the dam basin. Water is pumped from inside the tower to a water treatment works situated against the higher left flank of Nacala Dam. From the treatment

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works water is conveyed to Nacala City at a rate of approximately 300 m3/h. The live storage of the reservoir is 3.5 million m3 (mcm).

In 1982, due to malfunction of the radial gates, Nacala Dam was overtopped for 10 consecutive hours. The roadway gravel and the downstream shoulder were scoured away to a considerable depth for a distance of between 80 m and 100 m from the spillway towards the right flank. In 1983 the dam was rehabilitated with support of Dutch funds. In 2004 a site inspection was undertaken, at which time it was concluded that the dam had a number of deficiencies and the risk of dam failure was very high. It was also reported that prior to the 1982 flood event, the dam embankment did not leak.

Drought conditions are recurrent in Nampula Province and in 2004 the magnitude of the drought was such that the Nacala Reservoir was drawn down to below the minimum supply level, impacting water supply to Nacala City.

Minimal as-built documentation is available with respect to Nacala Dam. The spillway gates for Nacala Dam are in a state of disrepair. The upstream face of the dam is protected by hand-packed rip-rap, while the downstream face of the dam is protected by means of grouted stone pitching, placed between regularly spaced concrete storm water chutes running down the slope.

In 2006 Baker reports that the dam is operated sub-optimally because extensive seepage occurs when the water level rises to within about 4 meters of the dam crest, which corresponds to the embankment repair zone after the 1982 floods. When the reservoir water level reaches a level of 4 m below the embankment crest, leakage through the top of the embankment commences, but the leakage water is clear and not turbid. Above this level, while the leakage water remains clear, the spillway radial gates are not opened. If the leakage water turns turbid (dirty), then the spillway gates are opened, Nacala Water is informed and Nacala Water informs DNA-GOH Maputo. When the water level rises to within 3.5 m of the dam crest, the spillway gates are opened. A subsequent site visit and discussion with Nacala Water in 2007 indicates that perhaps the seriousness of the leakage at the dam site is overstated by Baker.

The recommendations of the pre-feasibility study mentioned above concluded that Nacala Dam has a high failure risk due to the following:

• The embankment was repaired after being overtopped with a permeable gravel zone increasing the risk of piping failure. Seepage through the embankment occurs when the water level rises to within about 4 meters of the dam crest. For this reason the dam is operated sub-optimally.

• No internal drainage system has been provided which is of concern as the soils were found to be potentially dispersive. This also increases the failure risk due to piping.

• The existing gated spillway is in a state of disrepair and the spillway capacity is inadequate thus increasing the risk of overtopping and potential failure due to embankment scouring.

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• The dam has operational inefficiencies and opening of the radial gates when required, can not be guaranteed.

In addition to the above, Nacala Dam embankment is not equipped with a separate outlet works to allow environmental flow releases.

Nacala Dam yields the cheapest water of all sources considered in the pre-feasibility study and it is therefore recommended that Nacala Dam Full Supply Level (FSL) be raised by 2 m.

3.0 Objectives and Outcomes of the Consultancy

The overall objectives of the study are to prepare the following:

• Method and detail to rehabilitate Nacala Dam and to raise the full supply level by 2 m that results in minimal disruption to the water supply for the City of Nacala over the life of the project.

• A sound and robust Environmental Impact Evaluation process, (known as the Avaliação de Impacto Ambiental (AIA)), that covers all relevant direct, indirect, induced and cumulative environmental and social impacts associated with the proposed project focusing, in particular, on impacts arising from raising the Nacala Dam wall and the temporary and/or permanent deviation of the N13 highway across the Nacala Dam wall and sustainable operation. The AIA is the entire set of procedures from the submission of initial information about the proposed activity for pre-assessment, to the preparation of the EIA and EMP, through to the issuing of an environmental license. The Consultant is required to prepare each of the procedures in the AIA, as described in Section 5 below and based on the guidelines provided in the Decree Number 45/2004 and General Directive Number 129/2006 of the GoM, Legal Framework for Environmental Licensing in Mozambique.

• Specific objectives in support of the overall objectives include, but are not limited to, the following:

• Undertake geotechnical and field observations at the Nacala Dam site;

• Provide adequate topographical information in order to perform the design for Nacala Dam rehabilitation, raising and EN13 road relocation;

• Design an appropriate system for raising the main dam embankment. This may require the construction of a temporary diversion road;

• Design, if required, a fish way structure;

• Design outlet works arrangements;

• Design spillway arrangements;

• Develop and support the implementation of a Resettlement Action Plan.

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• Prepare tender documentation and advice throughout the Contractor procurement period. Note that “Contractor” refers to the entity that builds the Dam; and

• Supervise the construction works.

4.0 Scope of Services

4.1 General In order to achieve the objectives of the Consultancy, the Consultant must supplement the following activities as necessary at the time of this solicitation based upon information available at the time of bid preparation.

In designing the structures the Consultant will be required to liaise closely with MCA, who will have to approve the designs. All designs have to be according to internationally acceptable practices. Environmental and social requirements are very important and designs have to be adopted to incorporate these requirements where ever possible.

In the feasibility stage the Consultant shall develop preliminary design layouts to a level of detail which will show the principal components and allow quantities to be taken off / estimated. The Consultant shall identify and present alternative layouts and identify from them the least cost solution to meet all requirements for implementation and operation except where indicated otherwise by the client.

The Consultant alone is responsible for the sufficiency of his/her work and these TOR are not intended to be an exhaustive list of all activities, but to indicate the level of work required for the outputs. Although the work covers various specifics studies/surveys, the Consultant shall ensure that it forms a holistic, integrated study resulting in sustainable outputs.

The Client reserves the right to designate an observer(s) from interested stakeholder communities such as agencies of the Mozambican government working in the local area. The designated observer(s) may accompany the Consultant on field surveys and introduce the Consultant to local communities and leaders. However, the designated observer(s) is not authorized to make any decisions on behalf of the Client or otherwise influence the work of the Consultant.

To facilitate participation by the Client or designated observer(s) in field surveys, the Consultant will provide the Client with prior notice of intent to conduct field surveys. Such notice will be provided no less than 15 days before such field survey is scheduled to take place.

Iterative design should be adopted for all schemes. Following proper environmental and social scoping but before detailed EIA, iterative design of the proposals must be worked out by the Consultant’s engineering and environmental staff – with input from the Client as appropriate. In this way adverse impacts are designed out as far as possible rather than leaving them to be mitigated at a later stage.

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In order for the scheme to proceed to eventual construction it is necessary to obtain an environmental license from the Ministry for Coordination of Environmental Affairs (MICOA). The Consultant is responsible for ensuring that the Client is provided with all necessary documents for submission to MICOA to expedite receipt of approvals, and that stakeholder consultation is carried out in accordance with the current legislation covering environmental permitting.

It is anticipated that the tasks described in the following sections will be required at a minimum.

4.2 Geotechnical Investigations 4.2.1 Objectives of the Required Services The services of a Consultant is required to carry out such geotechnical and field investigations and design studies as are necessary to complete the works outlined below.

• Investigate the feasibility and methodology of rehabilitating and raising the Nacala Dam Full Supply Level by 2 m. with minimal disruption to the water supply for the City of Nacala;

• Establish the extent and nature of the leak in the Nacala embankment and provide a design for its repair;

• Determine the road subgrade conditions and temporary founding conditions for the road pavement and river crossing to be constructed as a temporary detour of the N13 downstream of Nacala Dam while it is being repaired and raised; and

• Locate material suitable for the construction of the Nacala Dam raising works.

4.2.2 Embankment Raising and Rehabilitation The Consultant is required to carry out the following works:

• Review all previous studies and designs carried out at the Nacala Dam;

• Investigate geological and ground water conditions and propose methods of treatment to ensure that the stability and permeability of the area downstream is not adversely affected by the water in the reservoir;

• Evaluate and verify that the foundation of the intake tower, proposed spillway locations, stilling basin, outlet works, and fish ladders as may be required are able to with stand any required improvements and modifications associated with the raising of the dam;

• Undertake a detailed geotechnical investigation to ascertain the engineering properties, and their variability, of the core and shoulder materials of which the embankment is constructed. This is to entail drilling nine boreholes employing rotary core drilling techniques. Three boreholes are to be drilled through the core material and three each

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through the upstream and downstream shoulders. Each borehole is to be drilled to at least 1 meter into the underlying bedrock. Cognizance is to be taken during the drilling and other works that a major access road, namely N13, crosses the dam and disruption to traffic flow is to be minimized as far as possible;

• Standard Penetration Tests (SPT) are to be conducted within the boreholes at 1.5 m depth intervals, and at least three undisturbed tube samples (Shelby tubes or U100 where appropriate) are to be taken of representative core and shoulder material from each borehole near the top, at the center and near the base of the embankment. The samples are to be thoroughly sealed to prevent evaporation and appropriately labeled;

• Every effort should be made to recover 100 percent of drilled material employing triple tube coring technology. The drilled core and SPT samples are to be appropriately labeled, sealed in plastic and stored in a labeled and robust purpose made core box of wood or metal construction;

• The core should be photographed and logged by an experienced engineering geologist or geotechnical engineer employing the methods and procedures prescribed in the document Guidelines for Soil and Rock Logging in South Africa (1990), prepared by the Geotechnical Division of the South African Institute of Civil Engineers and the Association of Engineering Geologist of South Africa, or approved equal;

• Upon completion of the drilling works Casagrande type standpipe piezometers manufactured of porous ceramic and attached to a 25 mm PVC pipe are to be inserted into each of the boreholes drilled in the embankment core and shoulders. Each piezometer is to be encased in clean sand over a height of at least 1 m above the tip and isolated from each other with bentonite. The top of the hole is to be sealed off with a sand cement grout mix and the piezometers are to be protected from damage and vandalism by enclosing them in a steel pipe cast in concrete at the surface and provided with a lockable cap. These instruments shall be read by the Consultant from installation up to the start of construction to obtain information on the performance of the embankment for the studies and designs;

• Laboratory tests are to be carried out on the soil samples recovered from the boreholes and are to include, as a minimum:

- Foundation indicator tests comprising Atterberg limits determinations, sieve and hydrometer analysis and linear shrinkage tests;

- Tests for dispersivity including Exchangable Sodium Percentage (ESP), crumb test, double hydrometer and pinhole test;

- Shear strength tests comprising consolidated undrained triaxial tests with measurements of pore water pressures, consolidated drained

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shear box tests and unconsolidated undrained triaxial tests; and

- Saturated consolidometer tests.

Possible variations in the consistency of the embankment material is to be assessed by carrying out Dynamic Probe Super Heavy (DPSH) tests on and around the crest and downstream and upstream of the embankment.

4.2.3 Locating Leaking Zone Based on pre-feasibility studies, preliminary indications suggest that leakage of the embankment is a result of the breached wall having been repaired with permeable gravel. It is important that the Consultant accurately establishes the lateral and vertical extent of the zone in which repairs to the breached section of the embankment were carried out. To this end the Consultant shall:

• Excavate test pits on the upstream and downstream shoulders employing hand labor. In an attempt to establish the lateral extent of the repaired section the holes shall initially be at 20 m centers in the suspected zone and 50 m in the remaining part along the length of the wall and upstream and downstream of it, with intermittent holes being excavated where considered necessary. The pits are to be supported over their full depth to ensure sidewall stability from adjacent traffic loads;

• The pits are to be profiled over their full depth by an engineering geologist or geotechnical engineer as prescribed in the document Guidelines for Soil and Rock Logging in South Africa (1990), prepared by the Geotechnical Division of the South African Institute of Civil Engineers and the Association of Engineering Geologist of South Africa;

• After completing the excavation and sampling the tests pits they are to be backfilled with the excavated material and compacted in 150 mm thick layers with hand stampers or a Waker compactor; and

• Rates of seepage into the ground will also be assessed in view of the sandy soils in the area surrounding the dam. The assessment will establish seepage rates within the existing reservoir and in the zone to be inundated by the raised reservoir elevation to ensure adequate knowledge of water balance in the reservoir after construction.

4.2.4 Temporary Detour Road The Consultant is to undertake a centerline survey along the proposed detour road to be located around and downstream of the Nacala Dam. The Consultant will consider various alignments for routing the detour road, taking into account potential impacts to surrounding communities. The Consultant should propose a routing option that minimizes physical and economic disruption to surrounding communities and eliminates the need, as much as possible, for relocating any physical structures, including houses and community infrastructure. This road is to be constructed while the dam repair and raising works are being undertaken. The survey should comprise the excavation of test pits at least 150 m centers employing an excavator. In addition, and if rock is not encountered within the depth of the test pits at the position of the

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culvert or bridge crossing, a borehole is to be drilled on either side of the river at the proposed foundations. Drilling is to be carried out as described in Section 4.2.2 above. The borehole core and test pits are to be logged and profiled as previously described and large bulk samples are to be recovered from the test pits at selected locations to establish the suitability of the material for use as subgrade for road layer works design. Such tests should include, among others:

• Road indicators comprising Atterberg limit determination, sieve analysis and linear shrinkage tests; and

• Modified AASHTO compaction and California Bearing Ratio (CBR) tests.

4.2.5 Borrow Pit Investigation The Consultant shall carry out a borrow pit and other investigation including the location, excavation, profiling, sampling and testing to obtain material in sufficient quantities and suitable for use as:

• Low permeable soil for replacing the material that has been used to repair the embankment;

• A graded filter for placement in a chimney and blanket drain;

• Upstream and downstream shoulder material;

• Rocks for dam slope protection;

• Aggregates for concrete, and;

• Sub-base and base course in the temporary road pavement of the detour route.

Consideration should be given to stabilizing some of these materials with cement, in which case Unconfined Compression Strength (UCS) tests should be carried out on the stabilized specimens. The Consultant shall also investigate and identify the owners of and those who have access rights to the land where the materials and potential borrow pits are located. This information should be included in the resettlement scoping section of the EIA (see Section 4.6 below).

4.3 Topographic Survey 4.3.1 Objectives of the Required Services The overall objective of the survey is to provide adequate topographical information in order to perform an EIA and a feasibility and detailed design for Nacala Dam rehabilitation, raising and N13 road relocation.

4.3.2 General Topographical surveys of the Nacala Dam site are required. These include:

• Tachometric survey of the Nacala Dam embankment extending at least 100m beyond the embankment in all directions. Mapping should be produced at 1 m contour intervals;

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• Detailed survey including coordinates of the existing structure, regular sections of the dam and dam crest and weak or deformed zones on the dam slope and downstream toe including identification and the extent of significant features on the survey.

• Aerial photography or GPS survey shall be used to survey the reservoir extent taking into account a 2m raising of the dam Full Supply Level. This survey needs also to extend downstream of the Nacala Dam to include all possible road diversion routes. Subject to confirmation in the Feasibility Study a distance of 2 km downstream of the dam is recommended. Mapping should be produced at 5 m contour intervals. A Lidar-based topographic survey will also be considered as an alternative to the aerial topographic survey; and

• A bathymetric survey of the existing reservoir will be conducted to re-establish the volume-depth and area-depth relationships which have been altered in the 30-years since the dam was constructed. The combined topographic and bathymetric surveys would provide a basis for establishing post-construction reservoir rating curves, for estimating sedimentation rates, for estimating water budget components such as evaporation and seepage losses, and for establishing reservoir operation rules.

4.3.3 Aerial Photography (i) General The aerial photography shall include the supply of the processed negative film, two sets of contact prints, one set of diapositives and the flight plan. Alternatively digital images may be provided in place of the negatives, diapositives and contact prints. The scale of the photography will be 1:10 000. All surveys shall adopt the same designated vertical control datum

(ii) Aerial Photography Maps and GPS Survey Plotting All topographical features and man made structures shall be plotted.

Contours shall be plotted at 5 m vertical intervals and supplemented by spot heights wherever the contours are insufficient to portray ground shapes accurately. A DTM will be surveyed covering the specified area in a 40 m grid with break lines.

The accuracy of the DTM points from the aerial photography shall be within 0.5 m vertically and 0.3 m horizontally.

The accuracy of the DTM points from GPS shall be within 0.03 m vertically and 0.03 m horizontally.

(iii) Tachometric Survey The tachometric survey will be on the WGS 84 UTM survey system. The DTM survey of the existing dam embankment and surrounds will be done in such a way as to cover the entire survey area in a 20 m grid. The survey has to cover an area of at least

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a 100 m beyond the embankment in all directions. The accuracy of the DTM points shall be within 0.03 m vertically and 0.03 m horizontally. Contours shall be generated at 1 m vertical intervals. The survey of all manmade structures shall be accurate to 0.03 m vertically and horizontally. The survey maps shall be at a 1:1000 scale.

Where spot height values are to be derived from tachometric survey, lines of sight shall not exceed 150m.

Information relating to calibration, operation and field validation for this operation shall be documented and included in the survey report.

Alternative methodologies for topographic surveys may be considered, information on Light Detection and Ranging (LiDAR) method is available and may be provided on request at MCA.

4.3.7 Bathymetric (Hydrographic) Survey Surveys will be carried out using a multibeam echo sounder. If a single-beam echo sounder is proposed then the consultant must demonstrate how the survey will meet the criteria set out below.

Soundings will be quoted to 0.01m and shall be reduced to the WGS 84 UTM datum. The position of the sounding shall be indicated by the decimal point and the soundings will be plotted normal to the line of sounding.

Sounding reductions shall be obtained by measurement of the water level from a previously established point, which has been heighted, by level traverse between at least two benchmarks which in turn must be tied to the designated site datum. The misclosure of this traverse shall not exceed 20 mm. The water level reference point shall be photographed and recorded in such a way as to make its recovery positive.

The positional accuracy required for the soundings shall be accurate to better than 1m. Soundings shall be accurate to ±5 cm RMSE.

Line spacing shall be such that the portions of the swathe that meet the accuracy standards shall overlap so that there are no gaps in the coverage. Sounding lines shall generally be parallel. Data acquired during sharp turns shall not be included in the final data and shall not be used to meet coverage requirements.

The consultant shall demonstrate bottom coverage using a raster summary image, color coded by depth and using only the fully corrected data that meets the accuracy requirements.

Where the swathe bathymetry yields insufficient data to cover the survey area, other (possibly land-based) techniques shall be used. These land-based techniques shall comply with accuracy requirements for GPS or tachometric survey as stated in these TOR. Information relating to calibration, operation and field validation for this operation shall be documented and included in the survey report.

The presence of weed and other obstructions to the multibeam shall be noted in

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survey records.

Beams are to be disabled and concentrated as necessary to ensure an even coverage of data over the full reservoir area. The minimum density required is 10 soundings per square meter. The surveyor shall endeavor to stay within a maximum of 50 soundings per square meter.

A plan shall be produced showing areas where no bathymetric observations have been obtained. Raw data shall be processed to derive continuous surface representing depth relative to designated datum. The surface model shall extend to the water edge.

A 5m grid of soundings shall be extracted from the survey data and displayed on the drawings. Plans shall be A0 size and compiled to suit the survey area. Plans shall be provided in hard-copy, .dwg and .pdf format

Sound velocity profiles are to be measured at the start of each day's work and when SV artifacts appear in the data.

An error budget based upon the specifications and experience of the system is to be developed and compared with manufacturer's specifications and survey accuracy requirements.

4.4 Engineering Feasibility Study 4.4.1 Objectives of the Required Services The overall objectives of the feasibility study are to:

• To make an overall assessment of the existing state and safety of Nacala Dam;

• Identify and compare on the basis of cost and technical feasibility solutions for the rehabilitation of Nacala Dam and the raising of the full supply level by 2 m with minimal disruption to the water supply of the City of Nacala.

Detailed study objectives in support of the overall objectives, include but are not limited to the following:

• Establish hydrologic parameters;

• Assess the condition of the existing structure, including but not limited to, the condition of the concrete elements: actual strength, aging effects, and impact of alkali aggregate reaction;

• Provide preliminary detail, if required by the EIA, for a fish way structure;

• Provide preliminary outlet works arrangements;

• Provide preliminary spillway arrangements;

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• Provide preliminary embankment rehabilitation arrangements;

• Provide preliminary intake tower raising arrangements;

• Provide preliminary road diversion arrangement; and

• Provide Scope and Design Criteria for the Detailed Design phase of the project

The detail provided shall be sufficient to allow the client to proceed with the Detailed Design phase. All requirements forthcoming from other studies and not yet known must be incorporated in the design.

4.4.2 General Requirements The consultant shall undertake, but shall not be limited to, the following:

• Review available background material and prepare inception report that details adjustments in methodology and data collection requirements.

• Review the pre-feasibility hydrological modeling studies (which included long-term simulations to assess the firm yield) and develop such hydrological models for Nacala Dam as required to confirm the hydrologic parameters for the design of the dam raising and to provide indicative operating rules;

• Determine flood peaks for dam spillway designs of the Muecula River;

• Determine the “footprint” and capacity of the reservoir and location and amount of land upstream that will be inundated once the new dam wall is raised.

• Assess the sediment load that will be deposited into the storage dam from the catchment of the dam; and make recommendations on appropriate watershed management options.

• Undertake costing and engineering economic analyses of the selected and designed scheme taking into consideration all costs and benefits incurred by the scheme; and

• Design the storage dam to a level of detail that will enable accurate costing.

4.4.3 Hydrologic Analysis The Consultant will review the pre-feasibility hydrological analyses and conduct such hydrologic analysis to establish parameters needed for the preparation of the design tender of the Nacala dam rehabilitation. The Consultant will be required to liaise with the Consultants conducting the associated feasibility studies for Compact-funded works on the Nacala water supply system, in order to obtain estimates for future demand. The hydrologic analysis will include the following:

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(i) Review of hydrological data The Consultant shall review the quality of data available for the hydrological assessment and take adequate measures to resolve the possible implications for the use of the data in subsequent hydrological analyses for the design and operational phases.

(ii) Hydrologic modeling and yield analysis A detailed water budget should be undertaken with the reservoir in its present state and after raising the dam elevation. Such an analysis would quantify the net gains in raising the dam by 2m as compared to the existing storage. A standard 30-year climatology of monthly flows should be established as part of the feasibility assessment. A hydrologic time series of such length would include sufficient instances of both dry and wet years necessary to represent the range of hydrologic conditions at the site.

(iii) Preliminary operating rules The Consultant should investigate and propose reservoir operating rules that ensure the safe and sustainable management of water in the reservoir through the variety of drought, flood and cyclonic events that frequently impact Mozambique. The operating rules should aim to establish procedures for minimizing sediment buildup in the dam, minimizing risk of overtopping during high flow periods, water use priorities and schedules during periods of drought, minimum ecological releases to meet downstream requirements.

(iv) Flood peak analysis For emergency spillway design, peak flows associated with historical flows as well as large tropical cyclones making landfall should be estimated. A rainfall climatology associated with the largest tropical storms impacting any part of the Mozambican coast should be established, and peak hourly flows associated with routing these storms to the dam should be assessed. Peak flows associated with rare events should be estimated from both any historical flows and potential flows associated with tropical cyclones to provide a sound the basis for emergency spillway design. The return periods to be used should comply with locally applicable standards taking account of (1) the potential loss of life and damage to property associated with failure and (2) the costs associated with the disruption of Nacala’s primary raw water source. If there is a significant discrepancy between locally applicable standards and the return period that would be required under international best practice the Consultant should carry out the analysis for both. The climatology of events used in the peak flow analysis should be provided to the client for future use in reservoir operation.

(v) Sediment load analysis An assessment should be made of historical reservoir sedimentation rates from the construction of the reservoir to the present, and a comparison made with results from a survey in 2001. The historical sediment loading analysis would also provide a basis for predicting future siltation rates and operating rules for dealing with high sediment flows, and a basis for developing appropriate watershed management options to minimize sediment delivery. Potential impacts of reservoir sedimentation on reservoir volume-area-stage rating curves should also be assessed.

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4.4.4 Nacala Dam Rehabilitation and Rising A preliminary evaluation of the alternatives for diverting the N13 road that runs along the embankment shows that it may be more economical to do a temporary deviation, rather than a permanent one. This needs to be confirmed once a better terrain survey is available. The route of the deviation should be chosen to follow the best alignment through the settlements that will be affected. It may also be possible to design the raising works such that the need for any road diversion is removed altogether.

The Nacala Dam rehabilitation and raising work needs to address the following:

• The existing gated spillway, which is in a state of disrepair and has an inadequate capacity, should be replaced with a free overflow spillway to achieve the required capacity;

• The dam embankment is not internally stable as the core is potentially dispersive and there is no chimney or blanket filter for intercepting seepage water and draining it from the embankment;

• The material used to repair the embankment after the floods of 1982 may be a permeable gravel material which could be removed and replaced with an impermeable core section, suitable material on the flanks and a downstream filter;

• An embankment outlet works needs to be provided for Environmental Flow Releases established during the Environmental Impact Evaluation process (Avaliação de Impacto Ambiental, or AIA); and

• The existing Full Supply Level for the dam needs to be raised by 2m.

4.4.5 Scoping and Detailed Design Criteria The Consultant shall provide the scope and detailed design criteria for the detailed design phase. This must include design criteria for the embankments, spillways, outlet works, and river management during construction, access roads, bridges, geotechnical work, seismicity, structures, hydraulics, valves, pipelines, electrical works and instrumentation.

4.4.6 Additional Requirements Clear conclusions and recommendations of the study will be presented in a report which will include the summary of the work done, assumptions made, reasoning behind the conclusions and recommendations, photographs, maps and graphs and an executive summary. The above will be summarized in PowerPoint presentation for MCA and key stakeholders including but not limited to: ARA-Centro Norte, DNA-GOH, Nacala Authorities, Asset Management Unit and the Provincial Water Board. The Consultant must plan for two presentations to the Stakeholders in public meetings to be held in Nacala, one after the Inception Phase of the study and the other near the close of the study before firming up on the final recommendations of the report. The Consultant will be able to present and respond to questions in both Portuguese and English. The Client reserves the right to stop the work if the above is

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not adhered to. The study proposal and budget must allow for at least five scheduled project meetings for the duration of the study. The Consultant will arrange / schedule these meetings in accordance with the study program. The Consultant shall circulate agendas, minutes, provide updated expenditure programs, keep a record of decisions, make presentation on the technical work done and any problems experienced, etc. The project meetings will be held in the offices of the MCA in Maputo and at least two in Nacala.

4.5 Environmental Impact Assessment 4.5.1 Objectives and Outcomes of the Consultancy The objective is to generate a sound and robust Environmental Impact Evaluation process, known as the Avaliação de Impacto Ambiental (AIA), for the proposed project focusing on the raising of the Nacala Dam wall and associated temporary or permanent crest road deviation. The AIA is the entire set of procedures from the submission of initial information about the proposed activity for pre-assessment, to the preparation of the Environmental Impact Assessment (EIA) and Environmental Management Plan (EMP), through to the issuing of an environmental license.

4.5.2 Required Approach The Mozambican law’s key instrument is the Environmental License which precedes the issuance of any other legally required license. An Environmental License can only be granted based on an EIA and associated EMP, as the instrument to prevent environmental degradation. The legal basis for the EIA is provided under the Mozambique Environmental Law. An Environmental Impact Assessment must be carried out by entities officially recognized and accredited by the Mozambican Government.

In addition to the above, the water sector has developed environmental guidance documents which should be taken into account, namely “Guidance on Environmental Assessment and Management of the National Water Development Project” (2003) and a ‘Generic Framework Environmental Management Plan for Construction Works’ (2004), both documents issued by FIPAG.

Both the MCC Environmental Guidelines and Mozambican environmental law adopt a process of screening, scoping, assessment and mitigation. Projects must be registered with the environment ministry, MICOA, to be categorized. When a large dam project like this one is screened and categorized as a Category “A” project, an Environmental Pre-feasibility and Scoping Activity (Estudo de Pré-viabilidade Ambiental e Definição do Âmbito, or EPDA) accompanied by TORs and a Preliminary Environmental Information Form must be sent to MICOA for approval.

The scoping phase is followed by the study of environmental impacts. During this stage, baseline data are collected with regard to the issues defined in the ToRs outlined during the scoping phase. In addition, a careful description of the project is made in order to identify the actions that might have an environmental and social impact during the construction, operation and decommissioning of the project.

The baseline description of the environment and the descriptions of the actions are combined to identify possible impacts and assess their nature, direction, likelihood,

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significance and magnitude. On the basis of this assessment, proposals are developed to enhance positive and mitigate negative impacts and a plan is designed for the implementation of these proposals and the monitoring of the project’s impact. Proposals are also developed to ensure sustainability of the scheme. The EIA study should contain, at the least:

• A non-technical Summary of the project;

• A Main Report describing:

o Proposed activities;

o Baseline environmental and social conditions in the project area;

o Modifications of the various environmental elements as consequence of the project; and

o Mitigating measures to eliminate or reduce the negative impacts on the environmental quality and measures to ensure sustainability;

• Annexes to the Main Report, including control and monitoring mechanisms in the form of an EMP as an Annex.

The environmental and social impacts identified in the construction, operation and decommissioning phases should be presented to determine the following:

• Magnitude of impact [short, medium and long-term];

• Nature of impact [positive or negative - direct or indirect – temporary or permanent];

• Intensity of impact [low, medium or high];

• Duration of impact [short, medium or long-term];

• Probability of impact [low, medium or high].

Each component will be assessed according to a sliding scale ranging through major adverse, moderate adverse, neutral, moderate beneficial and major beneficial. These assessments should be based on a clear comparison between the existing baseline and the new proposals and also on well defined and robust criteria relating to each component. The EIA should have a clear conclusion.

4.5.3 Factors to Consider During the EIA Process Following proper scoping but before the detailed EIA, iterative design of the proposals must be jointly worked out by the project Environmental Team Leader and Engineer, in cooperation with the Client where appropriate. In this way adverse impacts are designed out as far as possible rather than leaving them to be mitigated at a later stage. Thus land take, especially from agriculture and settlements, should be minimized in relation to dam raising, the new or diverted road and all other infrastructure. Borrow pits or quarries created or modified to provide construction

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materials should also be designed and located to maximize habitat creation but minimize disturbance and malaria risk to adjacent settlements.

Downstream compensation flows must be sufficient to sustain existing settlements, fisheries and mangroves. Added value may also be achieved through habitat creation. Thus tree planting and increase in miombo woodland habitat may be achieved both around the reservoir and downstream though this must be done through close coordination with the local community. Subsidiary small dams on existing creeks within the present reservoir should be considered as these can create small permanent water bodies without regular draw-down which are especially valuable for aquatic vegetation, fish spawning, and birdlife. Later mitigations should include health provisions for the immediate community and good environmental management of construction operations.

Sustainability should be a key consideration, with appropriate attention to watershed management, including socio-economic aspects and activities upstream of the Dam.

Women and vulnerable groups need to be clearly represented in the EIA process, including consultation, scoping, impact assessment and mitigation. Gender disaggregated data should be provided and the EIA should consider individual beneficiary target groups. The EIA process should also include an assessment of public health and safety impacts associated with this investment.

4.5.4 Scope of Services

As mentioned above, this TOR is the result of an initial impact review which identified potential environmental issues and a due diligence study. This TORs aims to include, but not be limited to, the identified potential environmental key issues to be investigated in the EIA. The sections below describe the subtasks required

(i) Convene Scoping Session: This task involves identifying stakeholders to invite to a Scoping Session in Maputo and Nacala. The Consultant shall prepare a detailed agenda and presentation materials for the Scoping Session, convene the Scoping Session, facilitate the session, and prepare a report summarizing of the results of the session, for MCA review and approval.

Sub-Task Deliverable

(ii) Preparation of a Pre-Feasibility Environmental and Scoping Study (Estudo de Pré-Viabilidade Ambiental e Definição do Âmbito, or EPDA)

. A Log of comments with necessary follow-up steps and summary of Scoping Session results shall be prepared for inclusion in the EIA.

The EPDA, based on information in the Scoping Document in accordance and form specified in GoM Decree Number 45/2004, provides sufficient information for the environmental regulatory authority, MICOA, to make decisions. The Consultant shall assist MCA in its engagements with MICOA and local authorities and in responding to additional information as required.

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Based on the results of the Scoping Session, the Consultant shall provide the following in the EPDA, at a minimum:

• Non-technical Summary of the project;

• Identify applicant and proposed team to undertake the EIA;

• Details about the proposed area, including location of activity (including maps), current land use and planning, and other relevant physical, environmental and socioeconomic factors to be assessed;

• Description of principal stages of activity, including planning, mobilization, construction, demobilization, etc.;

• Key aspects to be investigated in the EIA, including specialized studies to be undertaken;

• Detailed schedule of all tasks to be performed; and

• Stakeholder engagement and public consultation participation plan.

Sub-Task Deliverable:

4.5.5 Environmental Impact Assessment (EIA)

An EPDA in English and Portuguese that is compliant with Decree Number 45/2004, General Directive Numbers 129/2006 and 130/2006 of the GoM and MCC Environmental Guidelines, the “Legal Framework for Environmental Licensing in Mozambique, Edition I (December 2007)”, and is approved by MICOA.

The EIA for the Nacala Dam will be prepared in accordance with applicable requirements of the GoM, MCC Environmental Guidelines, provincial, district and local authorities, and the MCA. The EIA shall be written in both the Portuguese and English languages. The Consultant shall prepare the EIA in accordance with the following guidelines quoted directly from the “Legal Framework for Environmental Licensing in Mozambique, Edition I (December 2007)”:

All references within the reports must be duly attributed and can either be footnoted or numbered and referenced in a detailed bibliography. Any maps and diagrams must also indicate the source of the data they contain. EIA reports must be presented in A4 format. Maps, drawings, and diagrams must have legends where relevant. Scientific expressions must be presented in accordance with Mozambican and international norms. Measurements must follow international sizing norms. Technical and scientific data must be referenced and measurement or calculation methods must be provided. Each volume of the EIA report must have a front and back cover containing the following:

• Cover – Main title of EIA report, title of specific volume, logo of applicant and environment consultant undertaking the EIA; and

• Back cover – Name and address of applicant, name and address of consultant undertaking the EIA, start and conclusion date of the EIA.

a) Non-Technical Summary

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This summary may not exceed 5 pages of text in Arial font. It must include a simple map of the location of the planned activity with as much detail as necessary to enable a non-specialist to understand the activity and its area of influence. The non-technical summary must be written in clear, simple language to enable general understanding of the activity and its potential impacts by non-specialist readers. The summary may refer the reader to more technical detail elsewhere in the EIA.

(b) Main Report

The main report should provide the reader with an analysis of the specialist studies undertaken and must include:

• Definition of the activity: identity of the applicant, justification of the necessity of the activity; alternatives to the activity and justification of the option selected; summary information about associated projects and activities;

• Description of the activity: location; characteristics; resource requirements; goods or services to be produced;

• Description of emissions and residues;

• Current environmental situation in the proposed location including biophysical, economic and social information and likely changes in the environmental situation with or without the planned activity;

• Positive and negative environmental impacts resulting from the activity, with particular attention to quality of life for surrounding population groups, safeguarding natural resources, interrelationships between different likely impacts, potential for mitigating negative impacts and environmental management plan;

• Potential needs for resettlement to be addressed;

• Risk analysis and accident and emergency plans for the activity;

• Comparative analysis of the alternatives for the activity including the advantages and disadvantages of each;

• Conclusions based on the analysis presented in such a way as to enable a decision to be made; and

• Bibliography, maps, photographs, diagrams and any other diagrammatic representation needed to facilitate understanding of the main text.

(c) Environmental Management Plan [see Section 4.5.6 below].(d) Public Consultation Report [see Section 4.5.5.vi below].”

Specific issues to be evaluated are listed below. The evaluations require baseline information, impact identification and attribution of significance, risk assessments,

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mitigation measures and management recommendations. Management measures to be detailed in an EMP will need to minimize, eliminate, or monitor the possible impacts identified.

(i) Downstream Environmental Releases The project will - for the first time since the construction of the original Nacala Dam - make provisions for environmental releases downstream. The assessment of appropriate environmental releases should be carried out as part of the iterative design process and should due to the necessary trade off between enhanced river flows downstream and the reduced yield of the enlarged reservoir. The assessment of appropriate environmental releases must take into account the present artificial conditions in the river immediately downstream of the dam and the impact that this ongoing situation has had on the baseline environmental conditions.

(ii) Biophysical Aspects

Evaluation of the potential influence of the raised Nacala Dam, or construction works, on the geomorphology, geology and quality and stability of the soils of the area of the project and surrounding areas and vice-versa.

(a) Geomorphology and geology

The results of the hydrological assessment of operating rules, reservoir yield, sediment load, water quality and design flood calculations undertaken for the feasibility/design should be reported in the EIA with supporting maps and charts.

(b) Hydrological assessment

In addition evaluation of the following is required:

• Ambient hydrogeological assessment including aquifer types and classification;

• Evaluation of groundwater/surface water interactions and recharge and any potential environmental impact on these from the raised dam;

• Surface water environment downstream of the dam to the coast including wetlands; and

• The identification of a ground and surface water monitoring network and possible data shortfalls.

The consultant shall carry out an evaluation of the possible impacts that the proposed facilities and operations will have on the geology, surface water, wetlands, and groundwater environments.

(c) Hydrocensus

The fieldwork needs to include a hydrocensus and chemical sampling, with recording of the following parameters:

• GPS locations of boreholes, springs, wetlands, and surface water bodies;

• Surface water flow patterns and identify down stream users;

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• Borehole depths and yields;

• Spring location and yields; and

• Field quality parameters, including electrical conductivity, temperature and pH measurements.

An evaluation of air quality, particularly during the construction phase, of project influence on surrounding communities and biodiversity, should be conducted.

(d) Air Quality

An evaluation of flood and earthquake risks in the project vicinity, as well as processes of erosion, sediment deposition, stability of slopes and their influence on the dam’s environmental impact and vice-versa should be conducted.

(e) Process

(iii) Biological/Ecological Aspects:

An evaluation of environmental impact of the raised dam up and downstream on woodland and wetland conservation, river and habitat of conservation importance.

(a) Habitats

An evaluation of environmental impact -- of the raised dam upstream and downstream -- on terrestrial and aquatic flora and fauna; and on species of conservation concern.

(b) Species

An evaluation of environmental impact of the raised dam up and downstream on land use that supports livelihoods including croplands, fuel woods, medicinal plants, wild games, livestock, beekeeping and fishing.

(c) Renewable natural resources:

An evaluation of environmental impact on up and downstream processes of eutrophication, salinization, food chains, movement of terrestrial and aquatic species, insect borne diseases, aquatic weeds.

(d) Process

A detailed habitat assessment of the proposed area to be inundated, when the dam is raised, must be conducted in order to:

(e) Potential Upstream Impacts:

• Identify and sample floristic and faunal attributes within the proposed area, with specific reference to species diversity, endangered species and sensitive environmental features and attributes;

• Consider the effect of potential impacts on floristic communities and faunal assemblages;

• Describe floristic communities and faunal assemblages;

• Combine separate floristic and faunal results to present an ecological overview of the proposed development;

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• Consider the potential impact of the proposed development on the ecological environment;

• Highlight areas of particular concern;

• Provide recommendations in terms of possible realignments of the proposed development as part of the iterative design process;

• Provide recommendations in terms of the mitigation of potential impacts during and subsequent to the construction phase, operational phase and decommissioning phase; and

• Present results of the evaluation as part of the EIA;

In particular the baseline condition of the riverine and aquatic habitats, flora and fauna downstream of the Nacala Dam should be considered in terms of the situation in similar natural catchments without the presence of a dam to help assess what might be appropriate environmental releases from the enlarged reservoir.

(f) Potential Downstream Impacts

• The main focus of the faunal assessment will be placed on the assessment of the availability and status characteristics of habitat that support animal assemblages and endangered species. Such attributes typically include:

o Floristic communities and variations;

o Soil and land type attributes;

o Geological characteristics;

o Slope and aspect; and

o Wetland-related aspects such as surface water, flow and riverine vegetation.

• Relevant maps must be compiled to highlight sensitive environments.

• A detailed in-stream habitat assessment of the proposed area will be conducted and where these issues are duplicated in the above biodiversity assessment they will be omitted. Water quality and Flow alterations up and down stream should be assessed.

The study should focus on the following aspects of the riverine ecology: (g) Riverine Vegetation

• Channel zone

• Channel bank zone

• Floodplain zone

• Floodplain bank zone

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• Vegetation of alluvial fan areas

• Presence of Endangered Species.

• Species occurrence and general distribution (h) Ichthyofauna

• General habitat preferences of sampled species

• Presence of endangered Species or species of high conservation importance

• Effects on fish in the river system

• Qualitative sampling based on SASS5 (South African Scoring System Index) (i) Aquatic Macro invertebrates

• Use of Habitat Quality Index to evaluate the condition of habitat

• Assessment of habitat utilization, with special reference to the possible effect of flow alterations.

• Possible effect of the Nacala Dam project on aquatic macro invertebrates

• The data collected must:

o Identify potential impacts on Ichthyofauna, aquatic macro invertebrates and riverine vegetation.

o Assess the significance of the impacts

o Develop mitigation and management issues for the project.

• The results should be subjected to the same Impact Evaluation Procedure in order to evaluate the significance of impacts on the ecological environment. Based on this specific recommendations must be made in order to limit the impact of the proposed development on the ecological environment to a minimum.

(v) Socio-Economic Impact and Gender Aspects and Analysis Loss of land from inundation can result in serious project implications with regard to resettlement impact and loss of agriculture land. When physical displacement of households occurs or affected parties lose rights or access to productive assets (including farmland, crops, etc), there is always potential for negative socio-economic impacts and social conflict. Even without physical displacement, changes in upstream and downstream flows from Dam rehabilitation can negatively impact the livelihoods and health of local people.

To address these concerns, the Consultant will develop a detailed socio-economic assessment, as part of the overall EIA, that identifies social impacts, and provides recommendations to mitigate these impacts. The Consultant shall consider gender and vulnerable group issues throughout the EIA process and present key findings

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and recommendations with regard to these issues in the final report. The final report should include gender disaggregated beneficiary data in the baseline, and quantitative performance indicators to measure and track gender participation in the monitoring plan. In addition, the EIA needs to reflect consultation with local and international NGOs and CBOs involved in community development activities related to water supply, hygiene, health and sanitation as well as gender.

The socio-economic assessment must use a methodology that includes key informant interviews with local leaders (government, traditional leader, church leaders, etc) key workers (schools, clinics) and NGO and CSO leaders. It should include focus groups and/ or interviews with men, women and youth, whose livelihoods depend on the local environment. Details of interviews/focus groups (names and dates) should be provided in support of the assessment.

The socio-economic baseline assessment should include the following components:

• Maps delineating different areas of impact, both upstream and downstream, identifying zones of land use, and the different livelihoods that these land uses support.

• A description of the community structures: official leadership structures and other institutions that are important to the community. Description of main NGOs and CSOs that are active in the area and their activities;

• A description of the population/demographics of the area of impact. Accurate statistics are often hard to come by, but local leaders, district and health officials, local CSOs and NGOs can often provide this information.

• A description of the primary social services in the area of impact: including quality of services delivery – especially water, sanitation and waste management, health services, and schools.

• A description of important cultural, historical, archaeological sites in the area of impact;

• A description of land types and land uses in the area of impact. (e.g, what kind of farming system (s) are in operation - dry land farming, irrigation agriculture, what are the main food crops /cash crops?);

• A gender and livelihoods assessment that considers the following issues:

• What are the main food sources of income of poor and non-poor households? What are the main cash sources of income? How much water do these households use and how is this water obtained?

• What are the main responsibilities of women and men in terms of supporting the household – e.g. division of labor in farming, water collection, wood fuel collection? What are the main responsibilities of men? (e.g, Farming, livestock-keeping).

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Note that the Consultant should provide sufficient detail in this socio-economic analysis so that it may serve as the socio-economic baseline for the resettlement action plan.

Considering the data gathered and issues examined during the socio-economic baseline assessment, the Consultant will identify the various positive and negative socio-economic impacts of the dam on each of the different groups of people (including differentiated impacts for men and women) and the economic activities described in the baseline.

• What are the induced and cumulative impacts on natural resource based livelihoods? Will the impacts be different on women compared to men?

• Are there any groups that are particularly vulnerable? Who are they? Where do they live? And what makes them vulnerable?

• What are the risks to health and safety that may occur during the construction and operation of the dam?

The Consultant should also identify measures to minimize or eliminate the negative socio-economic impacts during dam reconstruction and operation and provide detailed mitigation measures in the EMPs.

(vi) Resettlement Impacts The Nacala Dam project may involve physical and/or economic resettlement, as a result of the raising of the dam wall, expansion of the reservoir, and the temporary or permanent rerouting of the N13 highway. Resettlement may be caused by (1) the detour road, whether temporary or permanent, (2) the borrow pits, (3) the enlarged footprint of the reservoir caused by raising the dam height, and (4) the rehabilitation of the dam and its associated works including the outlet works, the spillway, the fish way, and the embankment rehabilitation.

Mozambican environmental law underscores citizen’s rights to information, justice and compensation if any environmental entitlements, including the loss of crops or profits and the temporary or definitive interruption of economic activities, are infringed upon. International good practice entails assisting displaced person in their efforts to improve their standards of living or at least restore them to pre-project levels.

As part of the EIA process, the extent of resettlement will be scoped out and means of minimizing or avoiding resettlement will be explored, especially with regard to the temporary re-routing of the N13 Highway. The resettlement scoping will be carried out in compliance with the World Bank Operational Policy on Involuntary Resettlement (OP 4.12), GoM applicable laws and regulation, and MCC Environmental Guidelines. The resettlement principles for this project that must be reflected in resettlement scoping are that:

• Involuntary resettlement will be avoided where feasible, or minimized, by exploring all viable alternative project designs;

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• Where it is not feasible to avoid resettlement, resettlement activities will be designed and executed as sustainable development projects, by providing sufficient investment resources to enable the persons displaced by the project to share in project benefits;

• Displaced persons, with special attention to women and vulnerable groups, will be meaningfully consulted and have opportunities to participate in planning and implementing resettlement programs;

• Displaced persons will be assisted in their efforts to improve their livelihoods and standards of living or at least to restore them, in real terms, to pre-displacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher.

The EIA will scope out the potential resettlement impacts and include a map of areas where resettlement will be required with land boundaries, ownership information, and a description of the people likely to be affected. The required resettlement planning instrument, namely a resettlement action plan or an abbreviated resettlement plan (which can be used if fewer than 200 people are displaced or if all affected people loose less than 10 percent of their productive assets) will be identified, along with any additional studies required to address resettlement impacts. The socio-economic chapter of the EIS will be sufficiently detailed to provide a socio-economic baseline for the resettlement planning instrument. Subtask Deliverable.

(vii) Undertake a Full and Comprehensive Public Participation Process

A complete draft of the EIA in Portuguese and English that covers all expected direct, indirect, induced, and cumulative environmental and social impacts (including the resettlement scoping). The Consultant will develop this EIA sufficiently so as to allow MCA/DNA-GOH to get MICOA and MCC approvals. As such, the EIA shall be compliant with Decree Number 45/2004, General Directive Numbers 129/2006 and 130/2006 of the GoM, MCC Environmental Guidelines and MCC’s Policy on Gender.

Public consultation for all “Category A” Environmental Impact Assessments is a requirement of the GoM, and the MCC.

Project-affected groups and local Non-governmental Organizations (NGOs) need to be consulted about the project’s environmental and social aspects and their views taken into account. Provincial and district health authorities, and departments responsible for public safety, need to be involved in the consultation process. During screening and scoping, the project is introduced to key stakeholders to ensure the main issues have been identified and there is agreement on the assessment methodology.

During the EIA process, public consultation is undertaken to collect the opinions and information about the baseline, impacts and mitigation. Consultation with project affected people (Partes Interessadas e Afectadas, or PI&As) is essential and the appropriate resettlement planning instrument will ensure that PI&As are consulted

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on and participate in resettlement decision making. Special efforts need to be made to include women and vulnerable groups.

It should be noted that public participation is divided into two phases, the first one running between the application for pre-assessment (EPDA), and the submission of the EIA to MICOA; and the second running between the review of the EIA by MICOA and the issuing of the environmental license. The first phase is the responsibility of the Consultant, while the second phase is the responsibility of MICOA. The Consultant shall be responsible for providing information to all concerned and affected parties on the project, for consulting with the parties on a regular basis throughout the period of preparation of the EIA, for providing an opportunity for public review and comment of the draft EIA, and for preparing a Public Consultation Report for submittal to the environmental regulatory authority that summarizes all comments. All information must be provided in the local language. Public meetings should be held in convenient locations, and must be announced publicly by communicating directly with stakeholders (PI&As) and publishing advertisements in local news media at least 15 days prior to the proposed meeting date. Stakeholders within the zones of influence of the Nacala Dam and temporary realignment of N13 shall be provided opportunity for public review and comment of draft reports.

The Public Consultation Report shall include the following:

• Name of activity, applicant, and location and date of report;

• Introduction, including a summary of the consultation process;

• Identification of the interested and affected parties;

• Questions and issues raised, and responses to questions raised;

• Outcomes and agreements reached;

• Any changes made based on consultation; and

• Conclusions.

Sub-Task Deliverable.

(viii) Environmental Auditing and Licensing

The Consultant will submit a Public Consultation Report as an appendix to the EIA that describes the scope and execution of the public participation program and how its implementation complies with Government of Mozambique Decree Number 45/2004; General Directive Number 130/2006 of 19 July and other applicable national, provincial, and local requirements; and MCC Environmental Guidelines.

The Consultant shall be prepared to submit any necessary information and documentation to MICOA in the event of an environmental audit during any stage of the AIA process, and to fully cooperate with the regulatory authorities during any

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investigations. MCA may also request information regarding environmental and social issues. The Consultant will also ensure that all necessary licensing documentation is obtained prior to construction.

Sub-task Deliverable

4.5.6 Compile an Environmental Management Plan

: Environmental authorities and MCA provided with environmental and social assessment information and cooperation as required for auditing and decision-making purposes.

The Consultant shall consider appropriate measures to eliminate or mitigate the negative social and environmental impacts identified during the EIA process and describe such measures in an Environmental Management Plan (EMP). The Consultant’s environmental team shall develop the EMP in close collaboration with the project design engineers, interested water and environmental authorities, public administrators, local NGOs and project affected groups.

At a minimum, the EMP should include and address the following:

• Management program to address the most adverse environmental, social and public health impacts;

• Plans for the control of residual impacts and emergency situations during construction, operation and decommissioning.

• A Health Impact Statement detailing measures to mitigate public health and safety risks

• Provisions to facilitate implementation of EMP measures, such as:

o An environmental policy and Code of Conduct;

o Roles and responsibilities of the various responsible parties involved with the various phases of the project;

o Standards, guidelines and legal requirements (including environmental permits required and the processes to be followed in obtaining these permits);

o Environmental specifications for design;

o Environmental specifications for construction;

o Environmental specifications for operation; and

o A draft budget for each of the proposed actions.

• Detailed maintenance plans relating to inter alia, ‘clean’ and contaminated

topsoil and spoil management, ‘clean’ and polluted water management, removal of vegetation, erosion and slope stabilization, noise management, uncontaminated solid waste management, hazardous material and waste management, fuel off-loading and storage, air quality management, health

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and safety strategy, risk management and emergency response, public consultation and ongoing liaison.

• A detailed monitoring program that includes: soils, vegetation, ecological indicator species, surface and ground water quality, air quality, noise, marine environment and socio-economic indicators, for instance, related to labor, safety, control and access to resources, gender, beneficiaries, and community engagement. The EMP will identify responsible parties, the location of monitoring points, what must be monitored and how frequently. In order to ensure that all aspects are appropriately considered within the EMP, specialist input is recommended.

• Detailed reservoir operation rules to ensure that a sound balance among water supply, water demand and ecological requirements is established during the engineering feasibility studies and the EIA. The reservoir operation rules must be flexible enough to account for changing water supply as a result of inter-annual climate variability and longer term climate change. The rules must aim to minimize damage to the environment during excessively wet or dry years while also maximizing the benefit to the population by meeting domestic and industrial water demands. The Consultant will also ensure that flow patterns for maintaining riverine habitats, clearing sandbars and other hydro-ecological requirements are spelt out in the reservoir operation rules. Such flow patterns could include but not limited to a specific number of overbank flow events or dry spells achieved through prescribed reservoir releases.

• Detailed watershed management plan and recommendations to ensure sustainability of the water resource and reservoir, including measures to minimize sediment delivery to the reservoir. The plan should include recommendations on soil conservation measures upstream and guidelines to define most appropriate upstream land uses and socio economic activities. The plan should also establish an annual monitoring mechanism in line with the requirements set out in the EIA/EMP.

Deliverable

• “Monitoring Program – this should contain: monitoring objectives; environment policy and legal structure; scope; responsibilities and procedures; monitoring activities; effects of monitoring; internal environmental audits; socio-economic monitoring; anticipated outcomes and plans to readjust according to those results; environmental evaluation performance.

- The Consultant will deliver a draft EMP to MCA/DNA-GOH for review and get required approvals together with the final EIA Report. The draft EMP will also be presented to the general public during the EIA Public Participation Process. The EMP shall be organized into the following four sections in accordance with the guidelines quoted directly from the “Legal Framework for Environmental Licensing in Mozambique, Edition I (December 2007)”:

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• Risk and Emergency Control Plan – this should include an analysis of the different accident risks including causes, consequences, frequency and probability. It should also include details of preventive measures and response plans. Special attention should be paid to high impact, high probability risks, and these should be analyzed in order to justify the importance attributed to the different possible mitigation measures. Emergency plans must include reference to their fit within the institutional structure and must include measures to protect surrounding population groups, nature, and infrastructures. They must include details of roles and responsibilities and the actual and potential capacity to respond of those allocated the different responsibilities.

• Maintenance Action Plan – this should include details of potential impacts and plans to minimize risk from the maintenance of buildings and equipment related to the proposed activity.

Environmental Education Program

4.6 Cost Estimates

– Projects located near to environmentally sensitive areas, Protected Areas or Conservation Areas must ensure that people have access to information about their activities and the care that will be taken of the environment, and the EIA must include plans for an environmental education program.”

The Consultant shall prepare cost estimates for all components of the study and has to include the following:

• Construction of works and contingencies;

• Social, resettlement, and environmental costs;

• Escalation; and

• Costing base date (as of August 2008) 4.7 Detailed Design and Tender Documentation 4.7.1 Objectives of the Required Services The Consultant will be retained to provide engineering and other specialist services to define and develop the design, to prepare the technical portions of Invitation for Bid documents, and to assist MCA in bidding process for the Nacala Dam and Reservoir Project.

Broadly the objectives are to:

• carry out necessary remaining field investigations;

• carry out detailed design and provide technical information for preparation of tender documents and drawings for construction and/or manufacturing of the Nacala Dam and Reservoir Project components;

• develop an Engineer’s Program and Cost Estimate of the project components;

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• develop a river diversion and impoundment program for the dam;

• ensure that the necessary environmental licensing requirements are met prior to construction;

• develop a construction management plan (CMP), detail specifications for the implementation of the Environmental Management Plan (EMP) and Resettlement Plan requirements; and

• assist in the pre-qualification of suitable contractors and evaluation of the construction tenders, assist in negotiation and award of construction contracts and prepare technical inputs for tender documentation.

4.7.2 Task 1.1 – Inception (i) Sub-Task 1.1A – Data Collection, Review and Assessment As required, the Consultant shall, immediately upon initiation of the assignment, start with the collection of all information, data and mapping. The Client will make available to the Consultant existing relevant documentation on the overall project. The Consultant shall review previous designs and assess all relevant information and establish whether or not any additional information is required.

As a minimum, the review and assessment will cover the following:

• Critically review the reports by the client covering the planning and design of Nacala Dam and Supplement Scheme to confirm the decisions and to determine where additional studies will be required to supplement the available data;

• Review the latest available field investigation into foundation conditions and the interpretation of the geology and geotechnical parameters;

• Identify any additional investigations required to confirm or develop the current knowledge;

• Review the latest available results of the site investigation into the quality and quantity of materials available for construction. The need for additional exploration or laboratory testing shall be evaluated; and

• Review requirements for relocating infrastructure to be affected by the reservoir and necessary for the operations and maintenance of the Project.

(ii) Sub-Task 1.1B – Field Reconnaissance As required, the Consultant shall undertake field reconnaissance during the early stages of the assignment to become familiar with the project area and to investigate hydrological, geological, topographical and geographical features and environmental conditions which might affect the feasibility and cost of the Dam, its associated structures and the Supplement Scheme components.

The reconnaissance activity shall be properly planned and the activities, timing and main conclusions shall be described in the Inception Report. The Consultant shall

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carry out an examination of available drill core samples.

(iii) Sub-Task 1.1C – Detailed Design and Tender Documentation The Consultant shall prepare a comprehensive program on a time scale with milestones and specific key dates and covering all work activities required for the preparation of a detailed design and tender documentation. This Program shall be based on the program submitted by the Consultant as part of the proposal, suitably updated to reflect the information forthcoming from the Task 1.1 activities. Once accepted by the Client, the program shall form the master program for the monitoring of this work. Progress will be measured against this program and any deviation from or change to the program shall require the approval of the Client. This program shall be included in the Inception Report.

(iv) Sub-Task 1.1D – Inception Report An Inception Report shall be prepared and shall be presented to the Client not later than six weeks after the start of the Stage.

In addition to the program, the Inception Report shall summarize the results of the data collection and design review activities, summarize the results of the field reconnaissance and dam type selection and then describe the approach the Consultant intends to follow in the development of the various tasks and sub-tasks associated with the detailed design. Additionally, the Consultant shall advise the Client any extra surveys, data collection activities, sampling, laboratory tests and analyses, or other tests that may be needed for completion of the detailed design.

The Consultant shall include in the Inception Report, Contract Procedures for:

• management, administration, and engineering quality assurance in accordance with recognized standards (ISO 9001) and organization of the Consultant’s own services;

• effective monitoring and control of Consultant’s services; and

• effective communications between Consultant and Client: between the Consultant and the consultant preparing the design of the rehabilitation and expansion of the water supply system for the City of Nacala, and others.

4.7.3 Task 1.2 – Project Layout and General Arrangement Following the recommendation from the Draft Feasibility Study Report and the Inception report and acceptance by the Client, the Consultant shall refine the development plans to ensure that the general arrangement, layout and design concepts of the structures and components are best suited to the sites and purpose.

(i) Sub-Task 1.2A – Dam Design Studies The Consultant shall undertake a study of the preferred design and general arrangement. The objectives of the Consultant’s studies are to optimize and finalize

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layout concepts to reduce the overall cost of the dam, and to improve the technical performance of the structures.

Issues to be dealt with by the Consultant shall include, but not be limited to, the following:

• Develop a clear strategy for maintaining water supplies to Nacala City throughout the construction phase of the project;

• Perform additional geotechnical site investigations, where applicable and review the time required for completing such studies;

• Review the spillway capacity studies undertaken on estimated flood magnitudes, peak flows, volumes and recurrence interval, covering the range from PMF to 1:5 year events. Determine the outflow hydrographs after flood routing;

• Review the design of the spillway arrangements and the need for laboratory studies to confirm the hydraulic performance. Optimize the spillway dimensions and layout and propose a program of model testing where applicable;

• Determine the optimum arrangements for river diversion during construction and coordinate with construction sequence for the dam;

• Optimize a suitable routing for deviating the EN13 including liaising with the roads authorities to make sure their design standards and requirements are satisfied.

• Determine the nature and volume of laboratory tests required for construction materials. Prepare a testing program, submit budgets and arrange testing as approved;

• Examine overall design parameters, including crest width, freeboard, and internal and external slopes;

• Examine grout curtain layout, depth of foundation excavation and foundation treatment aspects of the dam;

• Optimize dam layout and final alignment within the designated site area in conjunction with other studies and project components; and

• Liaise with the client Dam Safety Office on a regular basis to ensure the design will meet Dam Safety Office requirements and that the necessary permits and licenses will be issued on time for the implementation to proceed without delay.

• Estimate power and communication requirements at the dam and liaise with the consultant preparing the design for the City of Nacala water supply to ensure that the overall dam and water treatment plant site has adequate power, telecommunication, and remote telemetry systems infrastructure.

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In addition to the above, the Consultant shall undertake all other necessary work to finalize the layouts of the dam. The findings from the studies should be updated if indicated by any further information that becomes available. Preliminary drawings of all alternative arrangements shall be prepared to show design features allowing for the taking off of quantities and to develop cost estimates to a level appropriate for the selection of the best option . The arrangements shall be discussed with the Client before they form the basis for the designs.

The designs shall be prepared so that the risk of damage through vandalism or other means to project components, both during construction and during operation of the dam, is minimized.

(ii) Sub-Task 1.2B – Spillway Arrangements The Consultant shall conduct an in-depth assessment to determine the optimum location and arrangement for an ungated spillway.

The Consultant shall examine alternative arrangements for intake, discharge and chute facilities and energy dissipation. Alternative spillway types shall also be studied. Slope stability and appropriate stabilization studies, in conjunction with data available from the geotechnical field investigations, shall be carried out for the excavated slopes. Slope angles and layouts shall be revised as necessary to conform to geotechnical considerations and acceptable stability criteria.

The Consultant shall undertake the above and all other necessary work to finalize the spillway arrangements. The findings from the studies shall be updated if indicated by any further information that becomes available. Preliminary drawings of all alternative arrangements shall be prepared to show design features and allow for the taking-off of quantities and development of cost estimates. The arrangements shall be discussed with the Client before they form the basis for the designs.

A side channel spillway may be subject to an environmental impact assessment by others, should it be the preferred option.

(iii) Sub-Task 1.2C – Diversion The Consultant shall undertake a study of alternative types of diversion facilities. The study shall include consideration of risks associated with diversion floods during embankment and appurtenant structure construction. Alternative arrangements shall be carefully examined to determine the optimal scheme in terms of program, cost, risk, hydraulic performance and constructability. An assessment of the overtopping risk during construction is required.

The Consultant shall also study and determine all requirements for temporary and / or permanent road diversion during the proposed works.

Preliminary drawings of all alternative arrangements shall be prepared in sufficient detail to show design features and allow for the taking-off of quantities and development of cost estimates. The arrangements shall be discussed with the Client before they form the basis for more detailed studies.

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(iv) Sub-Task 1.2D – Outlet Works To provide facilities for discharge of the compensation flow and peak flood discharges, outlet works are required.

The Consultant shall undertake studies of alternative compensation flow and peak flood release facilities to select the least cost, technically feasible and constructible system, which will satisfy these requirements, and be acceptably operable and maintainable. The operational rules of the reservoir and the in-stream flow requirements should be considered in this regard.

The Consultant shall also consider all requirements for transferring reservoir water to the adjacent treatment works. Note that the design of the pumps and pipeline to the treatment works is the responsibility of others.

Issues to be dealt with by the Consultant shall include, but not be limited to, the following:

• Liaise with the Nacala City Water Supply Project Consultants to obtain the type and number of pumps and their capacity for the expected operating framework;

• Optimize the interface between the dam and the treatment works given the expected operating framework;

• Determine the optimum life cycle cost;

• Design of electrical switchgear as well as definition of telemetry requirements for monitoring and remote control of components and related specifications;

• Configure dam pump station to enable a future increase in pumping capacity with the minimum complication and effort;

• Optimize layout of civil structure to enable installation of all mechanical and electrical components with minimum complication; and

• Determine the most viable position and layout for a fish way should it be a requirement of the EMP.

Preliminary drawings of all alternative arrangements shall be prepared in sufficient detail to show design features, take-off quantities and develop cost estimates at appropriate levels to make selection of the best alternative. The arrangements shall be discussed with the Client before they form the basis for more the designs .

4.7.4 Task 1.3 – Hydrology, Hydraulic and Sedimentation Studies (i) Sub-Task 1.3A – Flood Hydrology Available regional and/or site-specific flood frequency studies shall be critically evaluated by the Consultant to quantify flood risk associated with the construction of all facilities designed by the Consultant. Magnitudes and water levels associated with such flood events shall be determined by the Consultant. The Consultant shall conduct a review and re-evaluation of the Probable Maximum Flood and other

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occurrence interval floods developed previously.

Results of these hydrology studies should be used in evaluating the environment impact assessment, the capacity and size of river diversion works; and optimizing the spillway, outlet works, diversion weir, and abstraction works designs.

(ii) Sub-Task 1.3B – Hydraulic Studies The Consultant shall conduct hydraulic studies for the dam structures to assess hydraulic conditions associated with the spillway, outlet works, and diversion and compensation release. These studies shall include but not be limited to cavitation, scour potential, intake submergence, hydraulic stability, hydrodynamic vibration, energy dissipation, unfavorable flow patterns, air venting, drainage and sediment transport and exclusion, as required.

The Consultant shall prepare the hydraulic design of structures on the basis of theoretical analysis or experience of similar structures on other projects. Where necessary, the Consultant shall recommend and also conduct model studies to verify the hydraulic design, subject to the approval of the Client.

4.7.5 Task 1.4 – Detailed Design (i) Sub-Task 1.4A – Design Criteria Memorandum The Consultant shall compile a Design Criteria Memorandum (DCM), setting out in detail the criteria, assumptions and parameters to be used in the detailed design. The design shall be carried out in accordance with best modern practice and internationally recognized codes and standards. This work shall include such items as loading cases, factors of safety, allowable stresses, seismic design criteria, stability criteria, allowable loading, and all other factors necessary to fully carry out the detailed design. The memorandum shall include methodologies for the application of the criteria in the detailed design. The DCM shall be submitted to the Client and its Panel of Experts (PoE) for comment and acceptance.

(ii) Sub-Task 1.4B – Design The Consultant shall comply with all Dam Safety statutory requirements and shall be responsible for applying for all the necessary licenses and permits related to the design. Liaison with the Dam Safety Office should be maintained to ensure their requirements are met and the relevant licenses and permits would be issued as necessary without a delay to the Services or Works

The Consultant shall design the Works taking into consideration information from the above tasks and any additional information from any other source. The design shall be carried out to a level of detail sufficient for international tendering. For all significant structures and elements, this work shall include, but not be limited to, the complete design of hydraulic structures, foundation treatment and grouting, instrumentation, seepage analyses, stability, deformation and stress analysis and architectural work and finishing. Structures and components shall be designed for steady state and transient conditions, where applicable.

In the case of reinforced concrete, sufficient structural calculations shall be made to justify the concrete dimensions and the quantities of reinforcement. The arrangement

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of bars shall be considered in sufficient detail to ensure that their placement is technically feasible and economic and that indicative reinforcement drawings can be developed showing the nature of the construction work involved. Detailed reinforcement drawings and bar lists will not be required to be prepared by the Consultant for the Tender Documents, but an accurate estimation of the required tonnages should be made.

The designs shall conform to and be suitable for the site conditions and shall use locally available materials and enhance labor-based construction activities where feasible. Designs shall aim to achieve minimum overall cost without adversely affecting the environment, the health of the workers, or the safety, security, efficiency, durability and longevity of the Works. Convenience of operation including remote control from a central operation center shall be considered.

The design shall provide specifications for any temporary works that may be required, including but not limited to, a temporary diversion of EN13.

The Consultant shall complete designs for the mechanical and electrical systems, pipes, dam safety monitoring system, drainage, lighting, etc. and shall specify all the components required for these systems.

For the major items of mechanical and electrical equipment such as gates, valves, bulkheads, pumps, cranes etc., the Consultant shall define the outline design and specify performance characteristics of the equipment in sufficient detail for specialized equipment suppliers to undertake detailed design and manufacture.

(iii) Sub-Task 1.4C - Memoranda and Reports

At pre-determined milestones throughout the detailed design process, the Consultant shall submit technical memoranda on particular parts of the work. The Consultant shall identify such milestones in his design program. Each memorandum shall set out the concepts, methods, criteria and key parameters used in design, the results of design calculations, a clear discussion of the reasoning behind the technical decisions involved, indications of related matters still to be settled, and a brief account of the implications for costs and programming . These reports shall be submitted as soon as possible after work performed for specific items.

(a) Technical Memoranda

The Consultant shall submit a self-contained report describing the detailed design process, consolidating the information covered in previous submissions, with any revisions made in the course of discussion, review and refinement.

(b) Detailed Design Report

The contents shall include but not necessarily be limited to the following:

• DCM,

• methods used in design,

• reasons for technical decisions,

• proposed construction programs,

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• details of further design work and specifications required during construction, with recommended methods and criteria,

• reference to all technical memoranda and other design reports,

• design sketches and drawings and calculations in appendices, and

• link with cost estimate of selected alternatives.

The report shall be prepared and issued initially as a draft report for review by the Client. It shall include the results of all studies and investigations, with tables and drawings, and it shall, after review and incorporation of all queries and acceptance by the Client and Dam Safety Office (for the dam only), be re-issued in final form.

4.7.6 Task 1.5 – Engineering and Construction Programs As an integral part of the design process of the permanent Works, the Consultant shall consider, where necessary, construction methods, design of temporary works and program. The Consultant shall draw up separate programs for the construction work and pre-construction engineering activities, using critical path methods relating this program to the expected construction methods and showing:

• duration of all major activities,

• milestone dates for major events, and

• the three most critical paths and extent of criticality involved.

The Consultant shall ensure that the designs, construction methods and programs are consistent and feasible, and that provision is made in the programs for design, tendering, mobilization and activities by others. The Consultant shall identify critical activities and propose measures to eliminate or minimize delays.

The Consultant shall demonstrate that these programs fit into the overall construction schedule and satisfy the requirements of commencement of reservoir impounding and delivery of run of river water. The programs shall be formulated in sufficient detail to facilitate preparation of realistic cost estimates.

4.7.7 Task 1.6 – Construction Aspects The Consultant shall evaluate and prepare construction requirements with emphasis on constructability, construction sequencing and material handling aspects. Any climatic influences and external and internal influences affecting construction activities and scheduling such as quarry operations, construction equipment and processes and work force skills and productivity shall be addressed.

The Consultant shall estimate:

• the Contractor’s site temporary works, office, testing laboratory and testing equipment, workshops, storage and processing facilities;

• the Contractor’s work force, the accommodation and associated health and safety requirements;

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• manpower by work category – management, supervisory, skilled, semi-skilled and unskilled labor;

• within these categories the number of local and non-local employees (where all unskilled and semi-skilled staff will first be recruited locally from the skills data base provided in the EMP); and

• number and type of living accommodations required for staff.

The Consultant shall give special consideration to the procedures as they pertain to hazards that affect the work site during construction.

4.7.8 Task 1.7 – Preparation of Tender Documents The Consultant shall prepare complete set of Technical Inputs to Tender Documents for the project including the construction, supply and installation of equipment and commissioning of the Works, suitable for international tendering to be prepared by the MCA Procurement Agent. The Consultant shall discuss in detail with the Client the extent to which tenderers should be permitted to suggest alternative designs, construction methods, or temporary works.

The Consultant shall review the scope of work provided under this contract and:

• identify the interfaces required with others; and

• identify additional items to be provided by others in order for the proper execution of the contract.

The contract conditions, including payment conditions, the specifications and the bill of quantities, shall be in keeping with recognized practices on projects of this nature. The documents shall describe the Works, including temporary works as necessary, in sufficient detail to allow tenderers to confidently determine their cost of construction, and ensure the receipt of comparable tenders.

The Consultant shall also define the following response times in the tender documentation:

• The Contractor to nominate at the time of submitting its construction program, the lead times it requires for information for each activity in such construction program;

• The Consultant to specify the time it requires for the approval of workshop detailed drawings and other submissions by the Contractor;

• Contractor requirements with regard to implementing environmental and social mitigation measures as described in the approved EMP.

• The time for response by the Consultant to general queries raised by the Contractor during the course of construction;

• The time for response by the Consultant to claims for extension of time submitted by the Contractor; and

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• The time for response by the Consultant to claims for additional remuneration by the Contractor.

The title of the Tender Documents shall be “Nacala Dam and Reservoir Project”. The contents of the Tender Documents shall be reviewed with the Client through the submission and discussion of drafts. The Technical Inputs to the Tender Documents shall include:

1 - Specifications and Methods of Measurement

2 - Bills of Quantities

3 –Construction Drawings

4 - Data for Tenderers, including appropriate factual information and the geological and other technical information.

Under this task the Consultant shall arrange for printing or binding, where applicable.

The Consultant’s responsibility is for the preparation of the technical portions of the Invitation for Bid (IFB); MCA’s Procurement Agent will be responsible for preparation of the non-technical portions of the IFB.

4.7.9 Task 1.8 – Preparing of Engineer’s Cost Estimate The Consultant shall prepare an Engineer’s Cost Estimate for the Nacala Dam Project, based on the Detailed Design Documents and tender drawings prepared. The Estimate shall be prepared in the following manner:

• The Cost Estimate must be of a quality suitable for presenting to international financing agencies and organizations such as commercial banks and export credit groups;

• The Cost Estimate shall include all costs up to the end of the Defects Liability Period;

• Construction methodologies shall be determined in response to the nature and extent of the works. Subsequently, construction programs shall be developed from the resultant production rates and quantities of work involved. Both of these tasks shall be based on sound construction principles reflecting the size, location and type of project involved;

• A Bill of Quantities (including a Preliminaries and General Item Section) shall be prepared from the detailed design and tender drawings in accordance with a recognized standard method of measurement of civil engineering works. The accuracy of the Bill of Quantities shall be appropriate to the level of information available;

• For civil works, where resource based costing is not applied and where appropriate, the Consultant may make use of relevant rates and prices for works of a similar nature on other recent contracts. Use of such rates shall be

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highlighted in the estimate. The contract sum should at least include materials, plant, labor, services, lump sums, time and value related costs, fixed costs, measured work, sub-contractors and escalation. Permanent equipment and components costs shall be estimated on the basis of manufacturer’s quotations. Special account shall also be taken of Contractor’s management, buildings and housing, insurance, taxation, financing, profits and other non-unit costs. Separate provision for cost price inflation shall be made in the estimate of the contract sum; and

• Earned Value and Cash Flows shall be prepared from the Cost Estimates and shall include the effect of contract price escalation. The Cash Flow shall also take into account the effect of any Advance Payments, Interim Valuations, Retention, etc. These shall be submitted to the Client in hard copy and MS Excel format.

4.7.10 Task 1.9 – Presentations to Client Panels The Consultant shall cooperate with the Client’s Engineering Panels of Experts (PoE), and other official project visitors for review and appraisal purposes.

The Consultant shall attend meetings in Maputo and Nacala, to make technical presentations highlighting design issues, technical difficulties and proposed resolutions, and cost and program implications to the PoE, as required. These presentations will take place at intervals of 2 months and will span a period of 2 days. The technical presentations should include MS PowerPoint slides, colored drawings and formal handouts, as necessary.

Other official Project visits will normally involve the Consultant for one day. The Consultant shall allow for six visits requiring presentations to official visitor groups.

4.7.11 Task 1.10 – Tendering Process The Consultant shall assist the Client with documentation and technical support during the tendering process and preparation of construction and supply contracts. This item shall include the following activities:

• Assist MCA and DNA-GOH in identifying appropriate advertising venues and calling for companies who wish to register to tender for the construction or supply contracts. This work shall include preparation of a prequalification document and an assessment of submissions from interested companies. In consultation and agreement with the Client, a selection of suitable firms will be invited to submit tenders for the contracts;

• Assist in the development of evaluation criteria for award of contracts;

• Support MCA and DNA-GOH in site inspection meetings for tenderers, including orientation, site visits and Bidders Meetings with follow-up written responses to tenderer’s enquiries as addenda to the tenders;

• Support MCA and DNA-GOH in providing any clarification that may be required by tenderers during the period of tender preparation. Assist in the issuing of addenda for transmittal to the tenderers covering any design

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changes or other modifications of the Tender Documents subsequent to the call for tenders;

• Assist MCA and DNA-GOH in the examination and analysis of all technical, economic, financial, legal and administrative aspects of the tenders. Any clarifications required shall be obtained and comprehensive Tender Evaluation Reports and recommendations prepared;

• Support MCA and DNA-GOH in contract negotiations with the selected tenderers and preparation of Memorandum of Understandings (MOU).

4.7.12 Task 1.11 – Capacity Building of Client Officials The Consultant shall provide the opportunity for seconded officials from the client to work in a commercial environment and be exposed to processes and procedures commensurate with a design office in a consulting engineering environment.

One official will be required to be specifically exposed to the quality assurance procedures and processes utilized by the Consultant in the provision of the Services. On his/her return to the client this official should be provided with the necessary means and assistance to enable the implementation of similar procedures and processes.

During the contraction phase the Consultant shall also provide training to a team of up to six officials in the inspection, operation and maintenance of the dam. The training shall include the reading and maintenance of the instrumentation and the operation and maintenance of the hydro-electrical and hydro-mechanical equipment, and the general maintenance and surveillance of the dam structures. The training will be carried out by experience members of the Consultant’s team and will include one week of classroom training and two weeks of practical experience. The Consultant will set written and practical examinations during the training and provide course notes for the officials to retain.

The Consultant shall provide a concise status report to the Client on the activity and performance of each seconded official at agreed intervals and/or on his/her return. Any requirement related to the seconded staff shall be met in accordance with the provisions.

4.7.13 Development and Implementation of a Resettlement Action Plan During the detailed design phase, the Consultant will be responsible for drafting a resettlement action plan and supporting the implementation of resettlement activities.

(i) Development of a Resettlement Action Plan Resettlement (economic or physical displacement) may involve one or more of the following: a) land acquisition; b) other asset acquisition (e.g., homes or other physical structures, trees, crops); c) physical relocation; and d) loss of access to resources (e.g. grazing lands, pastures, fishing grounds or collection areas for medicinal plants, weaving materials or similar resources).

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A fundamental requirement of resettlement activities based on OP 4.12 is to restore, at least, standards of living and preferably improve the livelihoods of those households, families, extended families and individuals who are losing land, assets or access to resources due to the implementation of a project. Compensation for lost assets can be monetary, in-kind (e.g., new land, housing and social infrastructure, work places or other replacement for lost assets) or a combination of both. Compensation to address economic rehabilitation can be in the form of restoration of conditions for pursuit of economic activities or training for new vocations where the original source of livelihood cannot be restored.

Several additional important principles of resettlement activities based on OP 4.12 relate to consultation and the form of compensation payments. Project-affected persons (PAPs) are to be: (i) informed about their options and rights pertaining to resettlement; (ii) consulted on, offered choices among, and provided with technically and economically feasible resettlement alternatives; and (iii) provided prompt and effective compensation at full replacement cost for losses of assets attributable directly to the project. When land taken is the primary source of income and livelihood, PAPs should be provided with land (“land for land”) for which a combination of productive potential, locational advantages, and other factors is at least equivalent to the advantages of the land taken. In some situations, moving assistance or allowances and compensation for lost income during the move and the cost of re-establishing a livelihood (for example, at a new work place or prior to planting a new crop) will be provided. When new housing or work places are more distant from each other than prior to resettlement, transportation allowances may be required in order to avoid loss of income. The RAP will describe the entire compensation package as applicable to the various situations of PAPs and will include a grievance process that includes informal as well as formal or administrative measures to deal with disputes when they arise. The RAP will also include a detailed budget and description of the particular mechanisms for any monetary compensation.

Affected parties that have formal title or ownership rights over the land or asset subject to taking for implementation of a project are entitled to compensation (at replacement cost) for the land and any improvements upon that land. Those who are living on or using land for which they do not have a recognizable legal right or claim (for example, “squatters” on public land within an existing right of way or tenant farmers) are entitled to resettlement assistance, such as compensation for the improvements upon that land (homes, market stalls, crops, etc.), but not for the land itself. In countries where the government claims to own all land that is not specifically alienated through a legal title and/or customary titles or uses are common, entitlements must be carefully analyzed in order to ensure fair and equitable treatment of affected parties.

Resettlement scoping in the feasibility stage will provide useful background information, namely the project’s legal framework, the socio-economic baseline and an identification of potential PAPs. Pre-feasibility estimates indicate that approximately 15 to 50 households will lose property (land, productive assets, buildings, etc.) as a result of the project and will need to be included in the RAP. If the Consultant determines a fewer than 200 people are displaced or if all affected people lose less than 10 percent of their productive assets, an abbreviated RAP as

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described in Annex A of Op 4.12 may be developed in lieu of a full Resettlement Action Plan. The decision to develop an Abbreviated Resettlement Action Plan instead of a full Resettlement Action Plan must be approved prior to the Consultant initiating develop of such plan.

During detailed design phase, the Consultant shall develop a Resettlement Action Plan (RAP) covering all aspects of the Nacala Dam Project that is fully compliant with OP 4.12 and national legislation, including the Mozambican Lei de Terras No. 19 (1997) and its Regulation (Decree 66, 1998). The RAP must consist of at least the following information:

a) Description of the project and potential resettlement impacts.

b) Description of measures taken to ensure that the project is implemented to minimize displacement;

c) Results of census survey, assets inventory, and socioeconomic survey including, at a minimum:

i. Categories of impacts, people affected, and the magnitude of expected loss;

ii. Information on vulnerable groups including women

iii. Standard characteristics of the affected people including a description of their sources of income and living standards

d) Description of the consultation strategy, summary of views expressed, how these views were taken into account, and how the proposed RAP was shared with affected people (e.g., community meetings, notice boards, and an information pamphlet for all affected households).

e) Description of the proposed monitoring and evaluation system, such as census updates, resource assessments, socioeconomic surveys, etc.

f) Description of grievance procedures.

g) Estimate of the case-by case cost of relocation and compensation. A detailed cost schedule shall be prepared that includes, at a minimum:

i. Replacement lands commensurate with lands to be displaced;

ii. Compensation for replacement of existing structures (partially or fully);

iii. Compensation for lost crops, trees, and other productive assets;

iv. Costs for economic rehabilitation;

v. Transitional allowances to offset loss for income resulting from relocation or temporary loss of productive assets;

vi. Allowances to defray the cost of moving;

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vii. Administrative costs; and

viii. Contingency budget (with detailed explanation of contingencies).

d. Analysis of the GoM legal framework for resettlement and compensation, as applied to the Nacala Dam Project including, at a minimum:

i. Identification of all relevant laws and customs at the national, provincial, and local levels;

ii. Gaps between relevant laws and OP 4.12, and measures needed to fill these gaps;

iii. Description of entitlement policies and eligibility criteria for each category of impact; and

iv. Description of method of valuation used for affected structures, land, trees, crops and other assets; and

v. Entitlement matrix.

e. Definition of specific tasks and implementation schedules for conducting and completing the relocation process including resettlement site selection and preparation, which reflects experience in Mozambique in conducting similar relocation activities.

f. Description of measures to replace any lost housing, community infrastructure and social services.

g. Detailed design of resettlement structures.

h. TORs for Supervision of RAP Implementation and bidding documents for construction of resettlement structures.

i. Standards for ensuring that displaced parties (DPs) are relocated to environmental situations similar to those at their current sites.

j. A description of organizational responsibilities for implementing resettlement including identification of responsible agencies and any necessary measures to strengthen capacity to implement the RAP.

k. Documentation of preliminary agreements with each of the PAPs with regard to the amount and nature of the compensation to be provided.

The sub-task deliverable comprises a Resettlement Action Plan (or Abbreviated Resettlement Action Plan, as relevant) in Portuguese and English that is compliant with WB OP 4.12 and GoM national legislation. This RAP is subject to approval by relevant GoM authorities and MCC and will include the ToR for supervision of RAP implementation and the bidding documents for construction of resettlement infrastructures.

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(ii) Option for RAP Implementation Services

MCA, through DNA-GOH, has the primary responsibility for overseeing the implementation of the RAP. However, following completion and MCA-MZ/DNA-GOH/MCC acceptance of the RAP, the Consultant may be requested to assist with implementation of the RAP. The Consultant may be requested to provide, among other things, the following services:

a) Mediate between MCA-Mozambique and the affected parties during the final negotiations of the compensation to be provided (including monetary and in-kind);

b) Establish an effective grievance redress mechanism according to the terms and conditions as described in the RAP.

c) Prepare legal documentation and other paperwork required in order to make compensation payments, acquisition of assets, and other resettlement activities official and/or legally binding.

d) Facilitate the transfer of monetary-based compensation from MCA-Mozambique/GoM to the PAPs.

e) Facilitate and support the logistics of acquisition/transfer of in-kind compensation (seeds and replacement of crops)

f) Supervise the construction of any small infrastructure (replacement houses, fences, physical structures) that is being offered to PAPs as in-kind compensation for lost asset

Resettlement monitoring and evaluation will accompany RAP implementation and income restoration. This will allow for appropriate modifications and improvements to contribute to a smooth, transparent and effective resettlement process. Monitoring reports will need to be provided regularly to decision makers and the Consultant will be requested to produce monthly reports regarding RAP implementation. The RAP will identify key indicators and issues that need to be tracked and the Consultant shall report against those key indicators. One of the most important issues the monthly report will need to address will be grievances and their resolution. OP 4.12 generally requires that resettlement activities required for project implementation be completed before the affected land, asset or resource is taken for construction or other project use. In particular, taking of land and related assets may take place only after appropriate compensation and other assistance as contemplated by the RAP has been provided to the PAP. MCA entities may initiate procurement actions related to project implementation, sign contracts, and allow contractors to mobilize prior to and during the resettlement and compensation process, however no construction or implementation activities that involve the taking or use of the asset or land in question may take place until the affected party has received appropriate compensation and other assistance contemplated by the RAP.

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If the Consultant is requested by to assist with RAP implementation, a detailed scope of work will be provided by MCA-MZ/DNA-GOH for these services. These tasks will be the subject of a contract amendment, based on the extent of RAP requirements. At this time, the Consultant shall not include in its Financial Proposal any costs for RAP implementation services.

The sub task deliverable is support of the implementation of the RAP and monthly reports focusing on assistance provided to MCA.

4.8 Construction Supervision

4.8.1 Consultant Responsibilities During Construction The Consultant shall undertake the detailed design of all project components and shall prepare sufficient and adequate drawings to enable the Contractor (entity to build the works) to fully determine the extent of the works.

The Consultant shall also carry out all responsibilities related to the supervision of the construction works. The purpose of the construction supervision (CS) is to ensure construction quality and contractor performance and adherence to the EMPs. Technical supervision shall be implemented by a team of specialists with adequate work experience.

The Consultant shall liaise with the Client and consultants involved in the water supply project, which will be executed in parallel to the works on the dam, to provide good coordination between the projects, particularly where they interface.

4.8.2 Detailed Tasks (i) Introduction and Terminology Construction Supervision can be divided into the following main implementing steps/tasks:

1. Preparation of detailed design drawings and approval of Contractor’s submissions

2. Monitoring of the Construction Schedule;

3. Monitor and ensure that the Works Contractor prepares and submits an EMP implementation plan (also referred to as a Contractor EMP) for Consultant/DNA-GOH/MCA approval, and—following the approval—that the construction contract activities are in strict compliance with EMPs, in accordance with the corresponding EMP implementation plans. The Consultant shall propose measures to resolve all environmental/social issues to ensure proper project schedule implementation, thereby averting work delays and related contractor’s claims.

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4. Ensure that all necessary environmental permits have been obtained prior to commencement of Project activities at a given location. These include, but are not limited to, the permits required for work camps, waste disposal sites, borrow pits, and blasting activities.

5. Ensure that prior to commencing construction works for any given location, that the RAP has been implemented and the site is clear for the Contractor to proceed with construction.

6. Assess the adequacy of all inputs such as materials and labor provided by the Contractor and his methods of work in relation to the required quality, Environmental Impact Report (EIR) and EMP specifications and management plan, rate of progress and, when required, take appropriate action to expedite progress; maintain a site diary, daily log sheets and other records in accordance with generally accepted practices; keep and regularly update a list of the Contractor’s equipment (and its condition) to ensure compliance with the list of equipment and operation procedures to meet environmental specifications (protecting vegetation and natural fauna, controlling erosion, drainage blockage, noise, air quality, soil and water contamination, disposal of toxic and non-toxic materials, etc.) The environmental inspectors will also evaluate the success of re-vegetation and soil stabilization measures. This shall include the results of visual inspection and documentation of the vegetation used, and the systems applied to stabilize slopes, as well as the natural recovery of native flora in areas disturbed by the works. The inspectors will alert the Team Leader and the MCA-DNA-GOH on deviations from accepted plans and shall supervise the implementation of recommended rectifying actions.

7. Contract management:

a. Design changes,

b. Variation orders;

c. Contractor claim analysis and settlement

d. Preparing for chairing and minuting progress, coordination and other meetings with the Contractor, and contractors from the Nacala Water Supply Project.

8. Inspect and evaluate all Contractor installations and operations of offices, housing, camps, quarries, and deposit sites, shops, warehouses and other accommodations to ensure compliance with the terms and conditions of the Contract Documents. Monitor permanently the conduct of workers towards neighboring communities and the quality of the environmental work

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carried out by the Contractor in line with the specifications provided by the EMP, including monitoring and supervision schedules and objectives. Also investigate and solve issues raised by communities related to abuses, violations and conflicts caused by the behavior of workers and other construction activity (e.g. traffic, accidents with victims, hunting, dust property damage, conflicts with communities, etc.) The environmental inspectors shall inform the communities in the area where and how they may be contacted. Specifically, the Consultant shall take responsibility in the supervision and control of all measures referring to the traffic security during construction, including required signs and traffic regulation.

9. Review and approve the safety plan as proposed and submitted by the Contractor and inform the MCA-DNA-GOH and the Contractor as to its adequacy and acceptability. The safety plan shall include, inter alia, all temporary staging and formwork, and all relevant calculations/details submitted by the Contractor;

10. Monitor and evaluate the Contractor’s efforts to implement relevant HIV/AIDS awareness and prevention activities.

11. Support or participate in public outreach and consultation programs, as requested by MCA.

12. Support or participate in third party environmental audits, as requested by MCA.

13. Reporting;

14. Verification of partial completion for Interim invoicing;

15. Preparation of completion certificate and Final Report:

a. Substantial Completion Certificate for Separate Structures,

b. Final Completion Report,

c. Substantial Completion Certificate,

d. Payments for Substantially completed works,

e. Defects,

f. Final completion,

g. Final payment.

16 The Consultant shall perform any and all other items of works not specifically mentioned above, but which are essential to successfully supervise and control the construction activities in accordance with the plans, specifications and terms of contract. The Consultant's responsibility for the site supervision of the works shall continue until the contractor has completed all outstanding works to the satisfaction of the MCA-DNA-GOH.

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These tasks are described further in the sections that follow, where the following terms are used:

Contractor Constructing Company.

CS Team Construction Supervision Team of the Consultant.

Consultant Design Engineer

The organogram of the CS Team is presented below:

(ii) Preparation of Detailed Design Drawings and Approval of

Contractor’s Submissions. Within 10 days of the instruction to proceed, the CS Team will agree a construction drawing delivery schedule with the Contractor.

The CS Team will prepare detailed design drawings, calculations and supporting documents sufficient to enable the Contractor to fully determine the works. Each drawing shall be marked “for construction” and each shall be formally issued to the Contractor prior to the start of construction for that particular aspect of work.

The CS Team will review and approve all method statements, shop drawings, temporary works drawings, and supplier information, prepared by the Contractor.

Throughout the construction period the CS Team shall revise and approve all as-built drawings that are prepared and submitted by the Contractor. One full set of the final as-built drawings shall be submitted to MCA in paper and electronic format at Substantial Completion.

Resident Engineer

Detailed design team

Assistant Resident Engineer (2).

Assistant Resident Engineer (1)

Field Supervisor

Field Supervisor

Field Supervisor

Contracts Engineer

Field Supervisor

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(iii) Monitoring of Construction Schedule Within 10 days after the instruction to proceed with the works is issued, the Contractor shall submit to the CS Team the Work Schedule and Work Plan for approval. These documents shall reflect all phases of construction for separate stages and specify critical issues which could interfere with progress of the whole construction.

The Contractor shall update the schedules every month, if required. If the work falls behind schedule by 15 days or more, the CS Team will request the Contractor to submit a revised schedule within 5 days documenting how the Contractor plans to complete the work on time or indicating scheduling modifications. Requests for revised schedules will be submitted by the Contractor to CS Team in writing.

Any request for time extension conducted by the Contractor and further submitted to the CS Team must be accompanied by a detailed revised schedule explaining the reason for the revision and the implications of the schedule change for future scheduling timelines and for equipment and personnel.

The CS Team shall monitor the work and request updated schedules from the Contractor when the works are behind schedule.

(iv) Works Quality Control and Inspection in the Field The aim of quality control is to ensure that all implemented works are in compliance with the requirements of drawings and technical specifications.

Quality control over construction stages is a lengthy process, requiring thorough checking and recording of all construction operations, including:

• Selection of construction materials;

• Concrete mix composition;

• Materials production according to the approved concrete mix composition;

• Construction works applying appropriate methods;

• Adequate use and observation of installations and equipment; and

• Selection of samples and testing of materials.

The significance of consistent quality control should be a priority of the CS Team over the various stages of construction, i.e. work shall be satisfactorily completed prior to starting the following stage of work.

All the testing and sampling, including testing of materials, completed work and parts of structures, will be implemented in the corresponding laboratories. When reliability of any data proves to be questionable (e.g. statistic discrepancy of results), this information shall be immediately conveyed to the Client.

Efficient quality control requires that the CS Team keep a daily journal of the construction, inspection reports and notes for accurate reflection of construction progress and works performance. The information to be registered daily includes, but is not limited to, the following:

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• Significant events at site;

• Climatic conditions;

• Number of hours influenced by unfavorable climatic conditions;

• Workers, equipment and materials available at the site;

• Equipment down-time;

• Teaching safety engineering and its application;

• Measurements data, original ground levels, other data;

• Amendments to drawings;

• Construction sequence;

• Results of all the tests and examinations;

• Damage of property and/or injury of people; and

• Other events like visits of authorities.

• Earned Value and/or other performance metrics

If CS Team sees the Contractor performing poor quality work then the CS Team should provide written instructions for the Contractor to improve the work, and in some exceptional cases, to request the work be stopped. Given the serious nature of work stoppage, any such written stoppage request should be made only after agreement with MCA.

The CS Team is responsible for inspection of on-going works at the site. The purpose of inspection is a timely disclosure of construction defects and assurance of construction quality.

Inspection involves assuring that the works and materials are in conformance with the plans and specifications and will include:

• Check foundation of all structures;

• Check all materials and equipment to be included in construction;

• Check moisture content and compaction on all earthworks;

• Check layout of formwork and steel reinforcement. Check bracing of forms;

• Check formwork to see if panels are clean;

• Check formwork for alignment and grade;

• Check Contractors equipment prior to placing concrete, such as, vibrators, screeds, floats, trowels and concrete mixer trucks prior to concrete placing;

• Check quantities of the reinforcement embeds and installation at the proper locations;

• Check concrete batch plant used by Contractor during concrete placement;

• Check sand and aggregate gradation at least once a day during concrete placing;

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• Watch batching operation to determine accuracy of measurements of sand, aggregate, water, and cement. Monitor and record weights;

• Monitor and ensure that the Works Contractor prepares and submits an EMP implementation plan (also referred to as a Contractor EMP) for Consultant/ /MCA approval, and—following the approval—that the construction contract activities are in strict compliance with EMPs, in accordance with the corresponding EMP implementation plans. The Consultant shall propose measures to resolve all environmental/social issues to ensure proper project schedule implementation, thereby averting work delays and related contractor’s claims.

• Monitor Contractor’s methods. If methods result in poor alignment and poor quality of work, the Supervisor must inform the Contractors that improvements will be required. If the Contractors do not address these requirements to the satisfaction of the CS Team, the CS Team shall inform MCA that a work stoppage is warranted and has been carefully considered; and

• Check and signing of certificates of hidden works performed by the Contractor.

The Consultant's CS Team is fully responsible for data included in the reports and invoices.

(v) Contract Management In the process of construction it may become necessary to modify original drawings and specifications or prepare additional drawings due to field conditions or specific circumstances which do not allow for use of available drawings, including unexpected environmental or social impacts.

If the CS Team requests from the Contractor to perform additional works not provided by the original design or to review a part of works, the Contractor will be provided with a written scope of work (SOW) by the CS Team. The SOW will be prepared by CS Team with the concurrence of MCA. Inclusion of extra-work and/or changes in design shall be accompanied by submission of Variation Order.

If changes in designs are required, the Contractor, MCA, and Consultant (CS Team and Design Group of the Consultant) shall discuss the issue collectively.

(a) Design Changes

• If design changes are for the Contractor’s convenience, the design changes shall be at Contractor’s expense.

All changes in the design must be done by the Resident Engineer. Design changes will be included in the approved Variation Order.

Variation Orders shall be prepared by the Resident Engineer and shall be submitted to MCA for approval. Variation Orders will be prepared for all extra works and will be submitted in a Unique and Standard Format prepared by MCA, which includes modified bill of quantities, balance sheets, descriptions and reasons for the variation.

(b) Variation Orders

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(vi) Safety Engineering Activities The CS Team should ensure the Contractor’s awareness of existing Mozambique legislation regarding safety engineering in construction, as well as providing availability of copies of all relevant rules at the site. If required, the CS Team will update old safety rules and ensure complete conformity of those rules with the requirements for construction. The Contractor shall appoint one of their key personnel to be responsible for safety.

(vii) Reporting The Resident Engineer shall submit to MCA monthly reports on construction progress. The form of reports and number of copies shall be agreed.

Reports submitted to MCA shall contain the following information:

• Summary on the process of construction supervision of contract performance;

• Summary on the process of contract performance for each object;

• Contractor’s schedule;

• Monthly progress for each construction element;

• Contractor compliance with environmental and social mitigation requirements;

• Progress with implementing resettlement and economic restoration activities as described in the approved Resettlement Action Plan;

• Shop drawings presented by the Contractor for approval;

• Summary of overhead expenses and current expenses;

• Further work and expected expenses;

• Delays;

• Contractor’s requirements;

• Technical issues;

• Summary of tests results and evaluation;

• Progress photo-prints;

• Safety issues, including any injuries and reasons for them;

• Contractor’s key personnel list;

• List of machines and equipment and their purpose, as well as whether they are rented, under sub-contract or are Contractor’s property;

• Contractor’s materials at the site;

• Copies of important correspondence regarding construction implementation; and

• Other relevant issues and documents.

Monthly Interim Reports shall include graphical illustration of actual and programmed work, actual and planned payment and expected construction progress and expenses.

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(viii) Interim Invoicing The Interim Invoices for payment of Contractor’s conducted work shall be presented to MCA/DNA-GOH with verification by the CS Team that the invoices represent actual work completed in accordance with the plans, specifications, and schedule.

(ix) Preparation of Completion Certificate and Final Report

After completion of each sub-activity, for which Substantial Completion Certificate is required, the CS Team shall carry out a general inspection of the site together with MCA/DNA-GOH, the Contractor and Operation Agency.

(a) Substantial Completion Certificate for Separate Structures

Any and each defect or omission, no matter what the reason, will be reflected in the official report and delivered to the Contractor. This list shall specify all the activities required for repair, correction of deficiency, reconstruction, correction of defects, shrinkage, other omissions; and all indicated works shall be performed and completed by the Contractor in the shortest possible time mentioned in Substantial Completion Certificate to satisfy the requirements of the CS Team. Quality of performed works shall meet the requirements of CS team and MCA/DNA-GOH.

Within 60 days after completion of its services, the Consultant's CS Team shall submit a Final Report. It shall include the following:

(b) Final Completion Report

• Chronology of construction activities for each site and type of works;

• Check of Contractor’s requirements and methodology of problem resolution;

• Financial balance of accounts;

• Description of main changes in drawings made in the process of construction;

• Recommendations for extra work which may be required, and its justification;

• List of key personnel of the CS Team and Contractor;

• Copies of important correspondence regarding construction;

• Series of construction and completion photographs; and

• Other relevant issues

The Final Report shall also include graphical illustrations to reflect actual (physical) and programmed performances and financial expenses.

After receiving a letter from the Contractor stating that he has completed the work, a field inspection of the completed works will be made by the representatives of MCA, the Consultant (members from CS and Design Teams), Contractor and representatives of the Operation Agency. When the works are completed in general, a Certificate of Substantial Completion will be issued. Issuing of the Certificate of Substantial Completion can be rejected in case the works are not substantially completed. Under the Construction Contract some deviation may be granted from this completion requirement. In all cases, the completion requirements shall be written and signed by all parties.

(c) Substantial Completion Certificate

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The operating company shall accept the works after substantial completion of works, but the Contractor will retain the responsibility for all further repairing works and correction of defects that relate to poor quality works or use of materials with manufacturing defects (that were not revealed before), within the period agreed with MCA. At the end of the defects liability period, the CS Engineer shall test and examine the works performed in frame of the contract in the presence of the Contractor and the operating company.

A list of defects shall be attached to the Substantial Completion Certificate, and a schedule of defects corrections shall be included in the Certificate. A schedule of defects corrections shall be submitted.

After preparation of Substantial Completion Certificate, the certificate of payment for substantially completed works shall be prepared by the CS Team. This payment Certificate shall include a table with all approved variation orders with their numbers and prices in USD and, generally, payments for all completed works to be done (excluding retention). As was stated above, in case of payment stoppage, the proper justification shall be provided.

(d) Payments for Substantially completed works

All defects revealed during the inspection shall be corrected by the Contractor. Time for defects correction shall be stated in Substantial Completion Certificate.

(e) Defects

A final Completion Certificate will be issued when all works are completed, all defects are corrected and an operational period of one year, including the filling and testing of the reservoir, is completed. The form of Final Completion Certificate shall be attached to the Final Payment Certificate.

(f) Final completion

The Contractor shall collect all proper but unpaid invoices or portions thereof including retentions, certify that these relate to the given contract, and prepare Final Payment Certificate for approval. The form of the Final Completion Certificate shall be attached to the Final Payment Certificate. The Final payment includes payment of all retention. Final Payment Certificate shall be approved by all parties.

(g) Final Payment

4.9 Preparation of Operational Manuals & Training The Contractor shall prepare the following operational manuals and plans and provide training to the appropriate staff in their use. The manuals shall include a comprehensive monograph for the completed works giving characteristics and other significant data.

4.9.1 Emergency Action Plan and Training The consultant shall prepare an Emergency Action Plan (EAP) and Training Manual. This manual will:

• Identify potential emergency conditions including describing the events that initiate or require emergency action and a classification system to make sure

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that the appropriate course of action is followed based on the urgency of the situation

• Specify pre-planned actions to be followed in the case of an emergency

• Specify actions to be taken to moderate or alleviate problems at the dam

• Contain procedures and information to assist in issuing early warning and notification to downstream authorities and residents

o This may include a notification flow chart which would include who to notify, who will notify them, and the priority for notification

• Contain an inundation map(s) to show authorities critical areas for action in case of an emergency

The EAP shall be based on current and projected downstream land use patterns and flood maps based on a dam breach analysis. The manual shall clearly identify the names, titles, phone numbers of key personal, and identify a clear sequence of communication based on the nature of the emergency.

4.9.2 Inspection, Operations, and Maintenance Manual The Consultant shall prepare a manual for periodic inspection, operations and maintenance for the Nacala Dam. The key components of this manual shall include but are not limited to:

• Rate of filling and requirements for testing and monitoring during first impoundment;

• Operating rules for the outlet gate based on requirements for compensation flows downstream, reservoir water level control and sediment flushing;

• Operating rules for discharge to the water treatment works;

• Rules for operating the reservoir in an emergency situation (earthquake, excessive flood flow, critical stability situation at the dam);

• Definition of a periodic inspection regime at the dam. This is to include, as a minimum:

o Weekly visits and check list reports by dam operating staff;

o Monthly review of instrumentation results;

o Twice yearly visual condition assessment of the dam and ancillary structures by a registered dams engineer;

o Independent assessment of dam performance by a registered international dams engineer 2 years after completion of the works and a maximum of ten yearly thereafter.

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• Definition of a maintenance regime for all aspects of the dam and ancillary structures. To include civil works, mechanical and electrical equipment.

• Preparation of a monitoring plan for the reservoir to include requirements for discharge measurement, water level measurement, settlement surveys, reading and interpretation of dam instrumentation.

5.0 Composition of the Consultancy Team and Qualifications

The Level of Effort (LOE) of professional staff to be provided by the Consultant is estimated at 29 person months for the Feasibility Study, 33 person months for the Environmental & Social Impact Assessment, 25 person months for the Detailed Design and Tender Documentation and 120 person months for the supervision of construction. These estimates are provided for guidance only and are in no way binding on the Tenderer. The team is expected to comprise of the following specialists:

1) Project Manager

2) Environmental and Social Assessment (ESA) Specialist ;

3) Aquatic Ecologist;

4) Terrestrial Ecologist;

5) Hydrologist;

6) Geomorphologist;

7) Agricultural Economist;

8) Social Specialist;

9) Public Health Specialist;

10) Public Participation Specialist/Facilitator; and

11) Legal Specialist.

12) Geotechnical Engineer

13) Dam Design Specialist

14) Hydraulic and Sediment Engineer

15) Geologist / Hydro-geologist

16) Structural Engineer

17) Mechanical Engineer

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18) Roads Engineer

19) Cost, Programming and Contract Engineer

20) Economist

21) Resident Engineer

22) Assistant Resident Engineers (2 number)

23) Site Inspectors (4 number)

24) Junior Social Specialist

25) Land and Asset Valuer

The feasibility, detailed design and tender documentation phases (including procurement of contractor) of the study are anticipated to be completed within twenty-seven (27) months of the Commencement of Services. Construction is anticipated to be completed within forty-five (45) months of the Commencement of Services. The profiles and duties/responsibilities of the key staff, each of whom must be fluent in written and spoken English, are as indicated below. Portuguese language skills are desirable and even required for some positions, also as indicated below.

The Consultant shall provide adequate staff with appropriate qualification and experience to undertake the works described herein. Key personnel shall have at least five years experience on similar projects in developing countries and experience in Africa, especially southern and eastern Africa, is highly desirable. It is expected that the following staff will be included in the team:

1) Project Manager: The team leader shall be responsible for the proper conduct of the feasibility and detailed design stages of the study and shall be the principal contact person between the Design team and the Client. The Project Manager shall be a Registered or Chartered Civil Engineer, preferably with relevant postgraduate training. He/she must have at least twenty (20) years of cumulative experience related to dam rehabilitation and design studies. The Project Manager must have had, in the last ten (10) years, specific experience in managing consultancy teams working on feasibility studies and detailed engineering design in at least two dam projects of similar size and complexity. At least one of these projects should have been in sub-Saharan Africa. He/She must be fluent in English while the ability to speak Portuguese is highly desirable. The Team Leader will be full time for the duration of the project, except for normal annual leave.

2) Environmental and Social Assessment (ESA) Specialist: The ESA Specialist shall be responsible for leading the team carrying out the environmental and social impact assessment studies associated with the project, including the development of mitigation measures ,submission of all reports and ensure that the necessary licensing documentation is obtained and filed appropriately. He/she shall also be responsible for the preparation of the final Environmental Impact Report, EIA and

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provide the necessary support to the Client in environmental related permitting requirements.

The Environmental Specialist shall be a qualified professional with 15 years experience in EIA and the development of mitigation measures associated with dam projects, including work on at least two (2) dam construction/rehabilitation projects of similar magnitude and complexity within the last ten (10) years, and experience in Sub-Saharan Africa. He/she must also have work experience in Africa and be fully cognizant of the MCC approach to ESA and gender-related issues. Experience in health impact assessment would be an advantage. He/she must be fluent in Portuguese and English.

According to the Mozambican legislation, to carry out the environmental studies, the Consultant firm or the Environmental Specialist must be registered with the GOM Environmental authority.

3) Aquatic Ecologist: The Aquatic Ecologist shall be responsible for the evaluation of possible impacts to occur both up- and downstream of the dam, including but not limited to eutrophication, salinization, aquatic food chain dynamics, aquatic species migration, insect borne diseases, and aquatic weeds, and fishing livelihoods. He/She shall also evaluate potential threats to aquatic, wetland, and riverine species and habitats of conservation concern or importance. The Aquatic Ecologist shall hold a degree in Water Resources, Biology, Fisheries, Ecology, or a related field, and shall have not less than ten (10) years of cumulative experience in the environmental impact assessment of dams. He/She must have specific experience working as an aquatic ecologist on at least two (2) dam rehabilitation projects of similar nature and complexity of which at least one must be from sub-Saharan Africa. Postgraduate qualifications in Aquatic Biology or Ecology are desirable. must be fluent in English; Portuguese would be an advantage.

4) Terrestrial Ecologist: The Terrestrial Ecologist shall be responsible for the evaluation of possible impacts to occur both up- and downstream of the dam, including but not limited to terrestrial species migration, and insect borne diseases. He/She shall evaluate potential threats to woodland species of conservation importance or concern, and support the Agriculturalist in the evaluation of impacts on croplands, fuel woods, medicinal plants, wild game, and livestock. The Terrestrial Ecologist shall hold a degree in Forestry, Biology, Ecology, or a related field, and shall have not less than ten (10) years of cumulative experience in the environmental impact assessment of dams. He/She must have specific experience working as a terrestrial ecologist on at least two (2) dam rehabilitation projects of similar nature and complexity of which at least one must be from sub-Saharan Africa. Postgraduate qualifications in Terrestrial Biology or Woodland Ecology are desirable. He/shemust be fluent in English; Portuguese would be an advantage.

5) Hydrologist: The Hydrologist shall be responsible for gathering, review and evaluating the reliability of existing data on rainfall, catchment area and surface-

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runoff, annual flow, sediment discharge, groundwater recharge, and gather any additional field data necessary to estimate annual flow dynamics and allow environment impact assessment and management. He/She shall also evaluate flood history to assess potential for erosion damage, sedimentation, and necessary compensation flows to be released from the reservoir to meet legal requirements related to water resources management. The Hydrologist shall hold a degree in Water Resources, Hydrogeology or Hydrology with not less than ten (10) years work experience in hydrological data collection and analysis, and water resources planning for dam infrastructure and catchments management. He/She shall have served as a Hydrologist on at least two (2) dam construction/rehabilitation projects of similar magnitude and complexity within the last eight (8) years. At least one of these projects shall have been in Sub-Saharan Africa. Postgraduate qualifications in a relevant field are desirable. The ability to use appropriate models for water storage infrastructure is essential. He/she must be fluent in English; Portuguese would be an advantage.

6) Geomorphologist: The Geomorphologist shall be responsible for evaluating the geology, geomorphology, soil quality and slope stability in order to support the Hydrologist in the above mentioned assessments. The Geomorphologist shall hold a degree in Watershed Resources, Geology, or Hydrology with not less than ten (10) years of work experience in geomorphological assessment for water storage infrastructure. He/She shall have served as a Geomorphologist on at least two (2) dam rehabilitation projects of similar magnitude and complexity within the last eight (8) years. At least one of these projects shall have been in Sub-Saharan Africa. Postgraduate qualifications in a relevant field are desirable. He/she must be fluent in English; Portuguese would be an advantage.

7) Agricultural Economist: The Agricultural Economist shall be responsible for the evaluation of impacts on dry land farming, irrigation agriculture, livestock, fishing, and hunting activities. He/She shall have not less than ten (10) years of cumulative experience in quantifying the economic impact of infrastructure projects on livelihoods in developing countries. He/She must have specific experience working as an agricultural economist on at least two (2) dam rehabilitation or construction projects of similar nature and complexity of which at least one must be from sub-Saharan Africa. Postgraduate qualifications in a related field are desirable. He/she must be fluent in English; Portuguese would be an advantage.

8) Social Specialist: The Social Specialist shall be responsible for carrying out the resettlement scoping. He/she shall hold a University Degree with 10 years experience in community development addressing resettlement issues and social impact assessment, including preparation of resettlement action plans, and stakeholder consultation associated with new infrastructure projects. He/she must also have work experience in Africa and be fully cognizant of the MCA-MZ approach to ESA and gender-related issues, including the application of OP 4.12. Experience in health impact assessment would be an advantage. He/she must be fluent in Portuguese and English.

9) Public Health Specialist: The Public Health Specialist shall be responsible for the evaluation of impacts on public health and safety during construction, including but

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not limited to safe construction practices, increased risk of STD and HIV/AIDS transmission between temporary workers and local communities, and increased incidence of waterborne disease. He/She shall develop health and safety protocol including enforcement regimes and practices for on-site safety; guidelines for safe removal or safe-sealing of asbestos cement pipes; and management of water-borne disease. He/She shall have not less than ten (10) years of cumulative experience in designing wastewater collection systems in urban areas. He/She must have specific experience working as an urban wastewater collection and treatment engineer on at least two (2) projects of similar nature and complexity of which at least one must be from sub-Saharan Africa. Postgraduate qualifications in a related field are desirable. He/shemust be fluent in English; Portuguese would be an advantage.

10) Public Participation Specialist/Facilitator: The Public Participation Specialist/Facilitator shall be responsible for planning and implementing a transparent public consultation strategy targeting affected communities. He/She shall be a qualified public participation specialist and facilitator, and shall have not less than ten (10) years of cumulative experience developing and implementing public awareness and consultation strategies. He/She must have specific experience working as a public participation specialist on at least two (2) dam rehabilitation projects of similar nature and complexity of which at least one must be from sub-Saharan Africa. Postgraduate qualifications in related fields such as water resources are desirable. He/she must be fluent in English and Portuguese.

11) Legal Specialist: The Legal Specialist shall be responsible for evaluating the legal aspects of all project-related social and environmental impacts, including resettlement. He/shall be cognizant of GoM environmental law and decrees, and liaise between the project’s team and MICOA on legal and licensing issues as needed. He/She shall be a qualified legal professional with 10 years experience providing legal guidance in environmental impact assessment of infrastructure projects in developing countries, including work on at least two (2) infrastructure projects of similar magnitude and complexity in Sub-Saharan Africa. He/She must also be fully cognizant of the MCC approach to ESA and gender-related issues, and the WB OP 4.12 on Involuntary Resettlement. He/she must be fluent in English and Portuguese.

12) Geotechnical Engineer: The Geotechnical Engineer shall be responsible for all site investigation works as well as interpretation of the results. He/She shall also perform all aspects of geotechnical design pertaining to the rehabilitation and raising of Nacala dam. He/She shall be a Registered or Chartered Engineer, preferably with relevant postgraduate training. He/she must have at least fifteen (15) years of geotechnical experience preferably with ten (10) years of cumulative experience relating directly to geotechnical aspects of dam rehabilitation and design. He/She must be fluent in English while the ability to speak Portuguese is desirable.

13) Dam Design Specialist: The Dam Design Specialist shall be responsible for providing expert opinion on all aspects of the dam design. He/She shall be a Registered or Chartered Engineer, preferably with relevant postgraduate training. He/she must have at least twenty (20) years of cumulative experience relating specifically to dam engineering with at least ten (10) years experience of earthfill embankment dams, preferably in Southern Africa. He/She shall have held personal

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responsibility for the design of at least two earthfill dams or dam rehabilitation projects of comparable size to Nacala. He/She shall be fluent in English.

14) Hydraulic and Sediment Engineer: The Hydraulic and Sediment Engineer will undertake the hydraulic design aspects of the spillway, outlet works and stilling basin. He/She will also liaise with the hydrologist to determine the impact of future sediment load on the operation of Nacala Dam. He/She shall be a Registered or Chartered Engineer with at least ten (10) years of cumulative experience relating to hydraulics and sediment design. He/She shall be fluent in English.

15) Geologist / Hydro-Geologist: The Geologist / Hydro-Geologist will undertake the geological and hydro-geological assessment of the dam site and reservoir area as required by the dam design and EIA He/She shall be a Registered or Chartered Geologist with at least ten (10) years of cumulative geological experience, preferably in Southern Africa. He/She shall be fluent in English.

16) Structural Engineer: The Structural Engineer will carry out the design of all concrete and structural steelwork elements of the scheme. He/She shall be a Registered or Chartered Civil or Structural Engineer with at least ten (10) years of relevant experience relating to dams and water retaining structure design. He/She shall be fluent in English.

17) Mechanical Engineer: The Mechanical Engineer will be responsible for the design of the outlet gate and operating mechanism, and will assess the future requirements of the raw water pumps installed in the outlet tower. He/She shall be a Registered or Chartered Engineer with at least ten (10) years of relevant experience. He/She shall be fluent in English.

18) Roads Engineer: The Roads Engineer will be responsible for the design of the temporary or permanent diversion of the national N13[No comment] Nampula / Nacala road. He/She shall be a Registered or Chartered Engineer with at least ten (10) years of relevant experience, part of which should be in Southern Africa. He/She shall be fluent in English.

19) Cost, Programming and Contract Engineer: The Cost and Programming Engineer will develop the cost estimates for the whole scheme. He/She will also be responsible for preparing the project program and advising on construction procurement strategies. He/She shall be a Registered or Chartered Engineer or Quantity Surveyor with at least ten (10) years of relevant experience, part of which should be in Southern Africa. He/She shall be fully conversant with MCC procurement guidelines and procedures and shall be fluent in English.

20) Economist: The Economist will be responsible for the economic appraisal of the study. He/She shall be a qualified professional with at least ten (10) years of relevant experience, part of which should be in Southern Africa. He/She shall be fluent in English while the ability to speak Portuguese is desirable.

21) Resident Engineer: The resident engineer shall be responsible for the proper conduct of the construction supervision study team and shall be the principal contact person between the construction supervision team and the Client. The resident

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engineer shall be a Registered or Chartered Civil Engineer, preferably with relevant postgraduate training. He/she should have at least twenty (20) years of cumulative experience related to dams and earthworks with a significant amount in construction supervision. The resident engineer must have had, in the last ten (10) years, specific experience in managing construction supervision teams working on dam projects with at least two dam projects of similar size and complexity. At least one of these projects should have been in sub-Saharan Africa. He/She shall be conversant with MCC procurement guidelines and procedures; must be fluent in English while the ability to speak Portuguese is highly desirable. The resident engineer will be full time for the duration of the construction phase of the project, except for normal annual leave.

22) Assistant Resident Engineers: The assistant resident engineers shall be responsible for the day-to-day supervision of the contractors workforce. They shall be Registered or Chartered Engineers, preferably with relevant postgraduate training. They must have at least ten (10) years of technical experience preferably with five (5) years of cumulative construction supervision experience. Between the two (or three) assistant resident engineers they should have experience relating directly to construction supervision of earthworks, roads and hydro-mechanical installations. They must be fluent in English while the ability to speak Portuguese is desirable.

23) Site Inspectors: The site inspectors shall provide full time supervision of the contractor on site. They shall be assigned to particular work areas and will provide detailed information on the Contractors plant and equipment usage, staff hours, progress etc. They shall be degree educated in a relevant subject, with at least 10 years of construction supervision experience, preferably in sub-Saharan Africa. They must be fluent in both English and Portuguese.

24) Junior Social Specialist: The Junior Social Specialist shall support the senior social Specialist where appropriate. He/she shall be a qualified professional with 5 years experience in community development. He/she must be fluent in Portuguese and English.

25) Land and Asset Valuer: The land and asset valuer will be responsible for surveying and costing assets prior to resettlement. He/she will be degree qualified and will be fully familiar with compensation rules in Mozambique. He/shemMust be fluent in Portuguese and English

26) Support Staff: The consultant can provide support staff to assist the above key experts in their activities. Support staff may perform office administration and logistics functions, and serve as valuators and enumerators during community surveys in preparation of the RAP. The costs of support staff must be included in the fee rates of the experts.

27) Other Experts: The Consultant shall select and hire other experts as required according to the requirements identified in the Scope of Services section above. The Consultant shall provide profiles on these experts that indicate whether they are to be regarded as long-term/short-term, international/local and senior/junior so that it is clear which fee rate in the budget breakdown will apply to each profile. For the

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purposes of this contract, international experts are considered to be those whose permanent residence is outside the beneficiary country while local experts are considered to be those whose permanent residence is in the beneficiary country.

The Consultant shall pay attention to the need to ensure the active participation of local professional skills where available, and to also maintain a suitable mix of international and local staff in the project teams. All experts must be independent and free from conflicts of interest in the responsibilities accorded to them.

The selection procedures used by the Consultant to select these other experts shall be transparent, and shall be based on pre-defined criteria, including professional qualifications, language skills and work experience. The findings of the selection panel shall be recorded. The selection of experts shall be subject to approval by the Contracting Authority.

An excellent knowledge of the English language is essential for all main team members. It is preferred that personnel working in the field have at least a working knowledge of the Portuguese language.

The survey and site investigation work has to be performed by companies experienced in their respective fields with knowledge of Southern African working conditions and who preferably has worked in Mozambique before.

Full CVs of all key personnel included in the study team must be included on a separate Annex, and must be placed in alphabetical order.

Company information indicating the experience of the topographic survey and geotechnical site investigation sub-contractors to be used by the Consultants in carrying out the tasks identified in this TOR shall form attachments to the proposal.

6.0 Schedule, Reporting Requirements and Deliverables

6.1 Feasibility Study The duration of the feasibility study should not exceed 12 months from the date of appointment. The overall envisaged project program is attached for information.

6.1.1 Feasibility Study Reports • Inception Report

An Inception Report is the first task to be done by the selected Consultant prior to the formal appointment being finalized. In it the Consultant’s proposal will be discussed with the Client and all aspects and uncertainties will be clarified.

The inception report will include a detailed work program, broken down to individual tasks and indicating the contributions by all study personnel, shall be presented. Estimation of the required man-months is required. The work program must indicate all study milestones and target dates for deliverables.

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The Inception Report will be completed within one month of the Notice to Proceed Date.

• Design Criteria Memorandum;

The consultant shall, present in a report form a summary of the design approaches to be followed, the design criteria, a detailed program and details of any other topic that is relevant to the design phase. It shall in addition get clearance from MCA/DNA-GOH of the various parameters and criteria to be used in final designs.

• Topographic survey report - As a minimum this should state the equipment used, the methodology adopted, problems encountered during the survey and precision obtained for the data points;

• Factual Geotechnical Investigation Report;

• Nacala Dam Rehabilitation and Raising Feasibility Report

The Final Feasibility reports shall be presented as two A4 size volume (executive summary and main report) for each city accompanied by separate volumes of Appendices together with a set of A2 size drawings.

The Consultant shall submit 5 hard copies of the draft Report plus 3 copies on CDs in English. The executive summary shall be in Portuguese and in English. The output of the consultancy shall be also presented in a consultative meeting

The Final Feasibility Report shall be prepared after receipt of comments from MCA/DNA-GOH on the Draft Final Feasibility Report, which shall be amended in accordance with these comments and any subsequent discussions and agreement on the issues raised.

• EPDA and Terms of Reference in Portuguese and English that is compliant with Decree Number 45/2004, General Directive Numbers 129/2006 and 130/2006 of the Government of Mozambique (GoM) approved by MICOA.

• Environmental Impact Assessment – The EIA shall include a Public Consultation Report, EMP, and resettlement scoping as described above; Resettlement Scoping Report that outlines the scope of potential resettlement impacts

In addition to the guidelines for an Environmental Impact Assessment, as laid out in general terms under Articles 16 and 17 of the Mozambican Environmental Law, the MCC and World Bank Policies for an EIA report states that the report should contain, at least, the following items:

• Executive summary;

• Scoping;

• Policy, legal, and administrative framework;

• Project description;

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• Baseline data;

• Environmental impacts;

• Analysis of alternatives;

• EMP

• Consultation.

• Monthly Reports

The monthly progress reports will address the difficulties and adjustments where there is significant deviation from the work plan and are required to keep the client informed at all times.

6.2 Detailed Design and Tender Documentation The duration of the detail design and preparation of tender documentation stage should not exceed six months.

A detailed work program, broken down to individual tasks and indicating the contributions by all study personnel, shall be presented. Estimation of the required man-months is required. The work program must indicate all study milestones and target dates for deliverables.

6.2.1 Detailed Design and Tender Documentation Reports At pre-determined milestones, the Consultant shall prepare and present to the Client, inter alia, the following reports:

• Inception Report This report shall present the Consultant’s organization, program of work, methodology, approach and the schedule of man-power, all revised to reflect the progress and issues identified during the Feasibility Study.

• Review Design Criteria Memorandum This report shall result from an update of the data and design criteria report prepared in the feasibility study phase based on Consultants findings following the desk review of available information and field investigations. This report shall present a summary of the design approaches to be followed, the design criteria, a detailed program and details of any other topic that is relevant to the detailed design phase

• Resettlement Action Plan The RAP shall cover the requirements for either physical or economic resettlement due to the construction of works, involving land acquisition; other asset acquisition; physical relocation; and loss of access to resources. The RAP shall identify the extent of resettlement that was found unavoidable during the Resettlement Scoping.

The RAP in Portuguese and English that is compliant with WB OP 4.12 and GOM national legislation. This RAP is subject to approval by MCA-MZ-Mozambique, relevant GOM authorities, and MCC.

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• Detailed Design Report The Design Report shall be presented towards the end of the study and shall comprise a summarized description of the proposed project and detailed designs. Assumptions, design criteria, standards, and design calculations shall be clearly presented in annexes, including cost estimates broken down into the various components and expenditure schedules. Thetechnical inputs to Tender documents shall include Technical Specifications, Bills of Quantities, Contract Drawings and Plans. The Drawings shall be to scales, as appropriate for the intended purposes.

• Monthly Progress Reports The Consultant shall produce concise monthly progress reports. These reports shall contain a brief statement of work carried out in the preceding month, highlighting any problems encountered or findings that might affect the agreed approach and work program and proposals of the necessary changes. A schedule of the work to be performed in the following month, a statement of expenditure both committed and forecast as well as the disbursement position shall also be included.

6.3 Construction Supervision The duration of the supervision stage will be approximately 32 months, including attendance during defect liability period.

A detailed work program, broken down to individual tasks and indicating the contributions by all personnel, shall be presented. Estimation of the required man-months is required.

6.3.1 Construction Supervision Reports At pre-determined milestones, the Consultant shall prepare and present to the Client, inter alia, the following reports:

• Inception Report (1st Monthly Report) This report shall present the Consultant’s organization, program of work, methodology, approach and the schedule of man-power, all revised to reflect the result of contract negotiations and Consultant’s initial finding.

• Monthly Progress Reports (2nd through 19th Monthly Reports) The Consultant shall produce concise monthly progress reports. These reports shall contain a brief statement of work carried out in the preceding month, highlighting any problems encountered or findings that might affect the agreed approach and work program and proposals of the necessary changes. A schedule of the work to be performed in the following month, a statement of expenditure both committed and forecast as well as the disbursement position shall also be included.

• Completion Report (20th Monthly Report)

• Final Project Report

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The final report shall include the Final Report as described in Section 4.8.2(ix)b and final versions of the Emergency Action Plan and Inspection, Operations, and Maintenance Plans as described in Section 4.9.

6.4 Deliverable and Payment Schedule

A hard copy of the draft Reports will be presented to the Client for comment. When all of the Client’s comments have been attended to, to the Client’s satisfaction, five hard copies of the final reports will be delivered to the Client together with two complete electronic versions on a CD, one in the PDF format for possible reproduction to interested parties or the public and one in the MS Word for text and MS Excel for tabular and financial data. The drawings and maps shall be submitted in electronic format compatible with AutoCAD and ArcGIS, respectively.

To enable discussion with MCA, supported by a Panel of Experts (PoE), prior to finalizing the feasibility designs for the Nacala Dam rehabilitation and raising the Consultants shall provide a draft of their feasibility report and hold discussions with the PoE and Mozambique administration during which they will present their findings and recommendations.

The timing of key reports, starting from the date of commencement of work, is given below, including fifteen days for Client comments on each report.

Table 1 Delivery Dates and Payment Schedule Nr Deliverable Title Due Date Payment 0 Notice to Proceed M - Feasibility Study 1 Feasibility Inception Report M+1 10% 2 Design Criteria Memorandum M+3 2.5% 3 Topographic Survey Report M+3 - 4 Geotechnical Report M+6 - 5 EPDA and TORs M+3 2.5% 6 Draft EIA and Draft EMP M+11 - 7 Final EIA, Final EMP, and Scoping RAP M+12 5% 8 Draft Feasibility Report M+11 - 9 Final Feasibility Report M+12 15% 10 Monthly Progress Reports (11) Monthly

beginning M+2

-

Detailed Design 11 Detailed Design Inception Report M+13 - 12 Review Design Criteria Memorandum M+15 - 13 Draft RAP M+17 - 14 Final RAP M+18 5% 15 Draft Detailed Design Report M+17 - 16 Final Detailed Design Report M+18 15% 17 Monthly Progress Reports (6) Monthly

beginning M+14

-

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Nr Deliverable Title Due Date Payment 18 Ad hoc memoranda during tending process M+19

through M+22

-

Construction Supervision 19 Inception Report M+24 1.8% 20 Monthly Progress Reports (18) Monthly

beginning M+25

1.8% each (32.4% total)

21 Completion Report M+43 1.8% 22 Emergency Action Plan - 23 Inspection, Operation, and Maintenance Plan - 24 Final Report M+55 10% Meetings will be held with the PoE and Mozambique administration within 7 calendar days of delivery of the Draft Nacala Dam Rehabilitation and Raising Feasibility Report.

Progress reports shall be submitted monthly within 7 calendar days after the close of the month.

The Consultant shall identify the report milestones in his design program developed. Types of submissions, required number of copies and related tasks are listed in Table 1. Proposed due dates (both drafts and final) shall be outlined by the Consultant in his program. As part of the acceptance of the Inception Report, due dates for all further submissions shall be agreed between the Client and the Consultant. Any proposed changes to the selected due dates during the course of the work shall be subject to the approval of the Client.

Additionally, three electronic copies (delivered on CD Rom) for all aforementioned deliverables are also required. Draft reports shall be submitted in English and final reports shall be in both English and Portuguese.

The number of copies shall be subject to approval by the Client prior to publication.

7.0 Relevant Documents and Information

As stated above, this study was preceded by a pre-feasibility study in which the following reports were produced and are available:

• Revised Technical Review, Interim Report 1, Nacala Dam & Reservoir, Mozambique Water & Sanitation Project, Contract W912ER-05-D-0002, Task Order 0015, October 2006

• Revised Institutional Review, Interim Report 2, Nacala Dam & Reservoir, Mozambique Water & Sanitation Project, Contract W912ER-05-D-0002, Task Order 0015, October 2006

• Revised Environmental Review, Interim Report 3, Nacala Dam & Reservoir, Mozambique Water & Sanitation Project, Contract W912ER-05-D-0002, Task Order 0015, October 2006

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• Final Report, Nacala Dam & Reservoir, Mozambique Water & Sanitation Project, Contract W912ER-05-D-0002, Task Order 0015, October 2006

The following reports are also available:

• World Bank “Provincial Towns Water Sector Study Estudo Das 12 Cidades Part C Toen Report 04 – Nacala” by DHV Consultants, August 1995

• MCC Environmental Guidelines and MCC Gender Policy _(www.mcc.gov)

• Environmental Legal Framework in Mozambique’ www.legisambiente.org.mz or www.acisofala.com

• DNA, “Nacala Dam Site Visit Report” by F. Cisternas Barruel, November 1990

• DNA, “Relatorio Da Visita De Trabalho A Provincia De Nampula” by Jakob Rosing, May 1991

• Laboratorio Nacional de Engenharia Civil" (LEM) in 2005

• World Bank Operational Policy on Involuntary Resettlement (OP 4.12);

• Constitution of the Republic of Mozambique 2004 (approved 16 November 2004);

• Resolution 5/95 of 03 August, the National Environment Policy;

• Law 20/97 of 01 October, The Environment Law;

• Decree 13/2006, of 15 June, the Residue Management Regulation;

• Decree 18/2004 of 02 June, the Environmental Quality and Effluent Emission Norms;

• Decree 11/2006, of 15 June, the Environmental Inspection Regulation;

• Decree 45/2004 of 29 September, the Environmental Impact Assessment Process Regulation;

• Decree 32/2003 of 12 August, the Environmental Audit Process Regulation;

• Decree 12/2006, of 15 June, which defines the responsibilities for the implementation of the Clean Development Mechanism, within the scope of the Kyoto Protocol;

• Ministerial Diploma 198/2005, of 28 September, sectoral coordination for the effective implementation of the Environmental Impact Assessment Process Regulation;

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• Dispatch of 27 July 2005 concerning the issuing of environmental licenses for investments of more than one million US dollars;

• Decree 45/2006, of 30 November, the prevention of pollution and protection of the marine and coastal environment regulation;

• Ministerial Diploma 1/2006, of 04 January which approves the Norms for the Application of Fines and Sanctions Envisaged under the Environmental Legislation;

• Law 4/96, of 04 January, the Maritime Law;

• Law 16/91 of 03 August, the Water Law;

• Decree 15/2004, of 15 July, the water distribution and waste residue management for buildings regulation;

• Ministerial Diploma 180/2004, of 15 September, water quality for human consumption regulation;

• Resolution 8/97, of 01 April, Forestry & Wildlife Policy and Strategy;

• Law 10/99, of 07 July, the Forestry and Wildlife Law;• Decree 12/2002, of 06 June, the Forestry and Wildlife Regulation;

• Decree 11/2003 of 25 March which alters the Forestry and Wildlife Regulation;

• Resolution 10/95, of 17 October, the National Land Policy and Strategy;

• Law 19/97, of 01 October, the Land Law;

• Decree 66/98 of 08 December, the Land Law Regulation;

• Decree 1/2003, of 18 February, which introduces alterations to the Land Law Regulation;

• Decree 60/2006, of 26 December, the Urban Land Regulation;

• Ministerial Diploma 29/2000-A, of 17 March, Technical Annex to the Land Regulation; The Legal Framework For Environmental Licensing 76

• Law 10/88, of 22 December which determines the Legal Protection of Mozambique’s Cultural Heritage;

• Decree 27/94, of 20 July, the Archaeological Heritage Protection Regulation;

• Law 14/2002, of 26 June, the Mining Law;

• Decree 28/2003, of 17 June, the Mining Law Regulation;

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• Decree 24/2004, of 20 August, Petroleum Operations Regulation;

• Decree 44/2005, of 29 November, Regulation of the distribution and sale of natural gás (includes compulsory insurance against environmental damage);

• Decree 61/2006, of 26 December, Technical health and safety regulation for geological and mining activities;

•Edict 18 891, of 27 September 1965, approving the Regulation for the Transport,

Handling and Transit of Dangerous Cargo through Mozambican Ports;

• Legislative Diploma 48/73, of 05 June, approves the health and safety in industrial

workplaces regulation;

• Legislative Diploma 3057, of 12 December 1970, established general industrial health and safety requirements for industrial workplaces;

• Decree-Law 47344, of 25 November 1966 applied in Mozambique by Edict 22869, the Civil Code;

• Ministerial Diploma 153/2002, of 11 September, the Pesticides Regulation.

Mozambique is also signatory to a number of international conventions and treaties on environmental issues such as:

• Resolution 18/81, of 30 December, ratifying the African Convention of Nature and

Natural Resource conservation;

• Resolution 8/93, of 08 December, ratifies the Vienna Convention on Ozone Protection of 22 March 1985 along with the London and Copenhagen amendments;

• Resolution 1/94, of 24 of August, ratifies the UN Climate Change Convention of June 1992;

• Resolution 2/94, of 24 August, ratifies the UN Convention on Biological Biodiversity;

• Resolution 17/96, of 26 November, ratifies the East Africa Marine Protection,

Management and Development Convention;

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• Resolution 52/2001, of 6 November, ratifies the International Convention and Protocol on Civil Responsibility for Hydrocarbon Pollution;

• Resolution 5/2003, of 18 February, ratifying the International Convention for the

Prevention of Pollution by Shipping 1973 and Protocol 1978 – MARPOL 1973-1978;

• Resolution 6/2003, of 18 February ratifying the International Convention on the

Preparation, Combat and Cooperation against Hydrocarbon Pollution, 1990-OPRC 90;

• Resolution 45/2003, of 05 November, the Convention on Tropical Areas of International Importance with serve as Habitats for Aquatic Birds;

• Resolution 10/2004, of 28 July 2004, ratifies the Kyoto Protocol on Climate Change;

• Resolution 56/2004, of 31 December Ratifies the Stockholm Convention on Persistent Organic pollutants.

The Consultant shall review all previous studies and reports as available from MCA, and not only rely on the reports named above.