Terms of Reference: FEDERAL QUALITY CONTROL AND ENGINEERING DESIGN FIRM

Nigeria Erosion and Watershed Management Project

Terms of Reference: FEDERAL QUALITY CONTROL AND ENGINEERING DESIGN FIRM

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TERMS OF REFERENCE
FEDERAL QUALITY CONTROL AND ENGINEERING DESIGN FIRM

1.0 BACKGROUND
1.1 Overview of the Land Degradation in Nigeria
With a land area of 923,800 square kilometers, Nigeria is large and diverse. It has tropical rainforests and coastal plains in the far south (with rainfall from 1,500 to over 2,000 mm/yr), vast valleys in the Niger River and Benue tributary with under-utilized arable land, hills in the upstream areas of these rivers, a large savannah area (with 500-1,500 mm/yr rainfall), and the Sahel in the north (with less than 500 mm/yr rainfall). Land use challenges are found throughout the country, and manifest differently in the different ecological zones. Up to 6,000 square kilometers—almost 6% of Nigeria’s land mass—are severely degraded at a time when population is increasing at over 2% per year and numerous sectors depend on the integrity of land resources to deliver on key sector objectives. In particular, Southern Nigeria is affected by massive and expanding gully erosion, an advanced form of land degradation. There are an estimated 3,000 gullies, which can be up to 10 km long with multiple fingers spreading through the rural or urban landscape. In southern states, gullies and areas exposed to erosion tripled; the total area affected by rill, sheet or gully erosion increased from about 1.33% (1,021 km2) in 1976 to about 3.7% (2,820 km2) in 2006.
Rapidly expanding gully complexes have resulted in extensive impacts including loss of human life and loss of both built and natural assets. Damage to infrastructure includes highways, rural and urban roads and pipelines severed by large gullies, a; houses and buildings; and silted waterways, reservoirs and ports. Losses to natural assets include loss of productive farmland and forest. Forest and farmland degradation also compromises watershed functions. This process exacerbates erosion downstream and siltation, compromises biodiversity that is important for livelihoods and habitats, and weakens natural buffers against climate change and erosion risks. Many of the region’s land degradation hotspots are also the most densely populated areas, such as Anambra State, the self-proclaimed large gully capital of the world and the most densely populated region in Africa. Ongoing attempts by state and federal institutions to stabilize or prevent gullies are at best partially or temporarily effective, for complex reasons.

1.2 Erosion in Southern Nigeria
The soils in southern Nigeria are highly susceptible to water erosion. Once a gully starts, it expands rapidly and is difficult to control. The causes of gully formation differ by site, but are largely human, including: (i) improper road drainage design and construction, inadequate road drainage maintenance, gully development monitoring, and timely gully control; (ii) poor solid waste management in urban and peri-urban areas that chokes the already inadequate drainage meant to prevent erosion; and (iii) destructive and unsustainable land-use practices that remove protective vegetation cover including protective biodiversity and carbon rich areas, or disturb the fragile soil such as overgrazing, deforestation, cultivation of marginal lands, and uncontrolled mining for building material, and which are linked to poverty.
Various manifestations of rural land degradation have led to the massive gullies along with siltation of waterways, riverbank collapse and river course re-routing, and have undermined the existing infrastructure capacity (e.g., reservoirs, roads, drainage, urban development). Watershed erosion is causing heavy sedimentation of Cross River, leading to riverbank erosion and attendant community vulnerability, and choking Calabar’s largely non-functional port, with resulting high dredging costs. Nationwide, cropland degradation accounts for 1.7 – 6.4% of GDP. In some areas of southern Nigeria, land degradation has caused yield reductions of between 30 to 90% as well as reductions of the food crop productivity of this densely populated area.
1.3 Land Degradation and water resource depletion in the North
The major ecological problems in the North include drought, desertification, water resource depletion, wide spread dam failures/siltation and general impoverishment of the soil through sheet/gully erosion, deforestation and unpredictable climatic fluctuation. The annual bush burning of the savannah that further exposes the topsoil to more wind and water erosion further compounds these problems. Floods also pose a problem on the flood plains during the rainy season, while aridity is a problem to several areas at short distances from the rivers during the dry season. Much damage is done to land and property as a result of these phenomena.
With the challenge of climate change and global warming, the rivers have always had the tendency to overrun their banks, leading to frequent displacement of people living along riverbeds and floodplains, as well as loss of farmlands and Livelihoods. Consequently, following the devastating floods of 2012, the Northern State Governments saw the need to nip in the bud any future threats, thus seeking the assistance of the World Bank through the Nigeria Erosion and Watershed Management Project (NEWMAP) intervention.

1.4 Climate Change
The Nigerian Meteorological Service shows that the country is already experiencing climate variability in the form of droughts, floods, shifts in rainy season onset and completion, and increasing rainfall intensity. Climate-related disasters already affect Nigeria’s economy and society, as evidenced by the 2010 floods which displaced over two million people. Climate risks are also a significant factor in erosion in southern Nigeria, especially because of the very high rainfall intensity. Recent regional climate modeling suggests rainfall will become more intense in the southern basins, by as much as 80% by 2060. Each unit increase in rainfall intensity results in up to twice the historical rate of erosion and greater vulnerability to landslide risk.
Throughout the country, water resources management is critical to address climate variability and erosion while contributing to key sub-sectors such as hydropower, irrigation, floodplain agriculture, and bulk water supply. Water resources are threatened by sedimentation from soil erosion, over-extraction, loss of vegetation cover and other forms of land degradation, as well as from climate variability. Integrated watershed management can help address these challenges but is not yet carried out although there are some recent positive developments in this regard being undertaken by the federal government. This approach is critical to help manage land use options and trade-offs in the landscape, including both built and natural assets. In particular, sub-watersheds need to be better managed to slow erosion and reduce its severity—which requires mobilizing local, state and federal stakeholders to act in concert to implement shared visions for basins, watersheds and sub-watersheds.
1.5 Institutional Issues in Gully Erosion Control
Investment responses to address erosion and land degredation are fragmented and inadequate. State and local governments and their constituencies are overwhelmed by the scale and complexity of the gully erosion problem. Attempts at all tiers of government to prevent or rehabilitate gullies have been generally unsuccessful for the following reasons: (i) unclear and overlapping mandates of federal and state institutions responsible for erosion prevention and management and watershed management; (ii) insufficient technical capacity in these institutions; (iii) poor, incomplete or inadequate scale of response (such as an over-emphasis on inflexible civil engineering interventions without addressing water flows in the sub-watershed or building upon a strong evidence base); (iv) absent or weak land-use planning; (v) weak regulatory compliance and enforcement; (vi) weak community involvement in prevention and restoration activities; (vii) insufficient attention to alternative livelihood issues; and (viii) insufficient attention to transparent governance, corruption, and local participation.
The gully and ravine erosion in southeast Nigeria has anthropogenic and physical causes derived from deforestation over the past 150 years. Gully control engineers are not familiar with the systematic analysis of these causes and gully erosion phenomena identified by Nigerian geo-morphologists, causing them to propose textbook designs not suited to local gully dynamics while road engineers design and construction thinker not considerate of areas beyond culvert outfalls or the erosion impact of culvert discharges caused by high/extreme rainfall events. The different challenges are interwoven and require integrated solutions. However, institutions, information, and incentives are fragmented, weakening the ability of state and federal ministries, departments and agencies (MDAs) or the communities that they serve to address the issues in a strategic and integrated manner. In particular, the government’s Ecological Fund has carried out gully erosion activities in different parts of Nigeria, among other environmental activities, but these have had mixed results.
1.6 The Nigeria Erosion and Watershed Management Project
The Government of Nigeria has initiated the preparation of the erosion and watershed management project [NEWMAP]. The Project is supported with financing from the World Bank to the tune of $550 million. The Agency at the Federal level is the Federal Ministry Environment (FME), Department of Erosion, Flood and Coastal Zone Management. State and local governments, local communities and CSO’s are, or will be involved in the project, given that the Project is a multi-sector operation involving MDAs concerned with water resources management, public works, agriculture, regional and town planning, Earth and natural resources information, and disaster risk management. NEWMAP activities currently involves nineteen states, namely: Anambra, Abia, Cross-River, Edo, Enugu, Ebonyi, Imo, Delta, Kogi, Akwa Ibom, Nasarawa, Niger, Plateau, Gombe, Borno, Oyo, Kano and Sokoto. NEWMAP is designed to support participating states and local governments to reduce vulnerability to erosion and development of watersheds. The overall objective of NEWMAP is “to restore degraded lands and reduce longer-term erosion vulnerability in targeted areas. ‘’The Project includes four components, namely:
 Component 1: Investment in Targeted Areas to support on the ground interventions that address, prevent and reverse land degradation.
 Component 2: Institutional development and information Systems for Erosion Management and
Watershed planning to address longer term sustainability by strengthening the enabling Federal and states MDAs on the environment with a view to addressing erosion and watershed degradation problems in a comprehensive manner across sectors and states.
 Component 3: Climate Change Agenda Support Outcomes focus on providing tools and approaches for government to become better equipped to respond to climate change; and on supporting demonstration projects on the ground to test the viability and scaling-up potential of low-carbon development options.
 Component 4: Project management to support at federal and state levels to implement this project including (a) procurement and financial management; (b) social and environmental safeguards issues; (c) strategic project communications and outreach; (d) project M&E, including two Mid-Term Reviews; and (e) an impact evaluation fully integrated into M&E arrangements that will help build replicable intervention models during implementation.

At the time of project preparation, the sub-projects were not identified. Consequently, specific information on some numbers of sub-projects, site location, local communities, physical land features, nature etc. was not available. Yet it is envisaged the NEWMAP activities will involve civil works – that is construction and/or rehabilitation of gullies – thus triggering the Bank’s resettlement policy. This could result in acquisition of land, loss of access and property, which might cause involuntary resettlement.
1.7 The Federal Project Management Unit now intends to use part of the proceeds of the credit for the recruitment of the Federal Quality Control and Engineering Design Firm with international experience in Erosion Control and Flood Risk Management Interventions.

2.0 OBJECTIVE OF THE ASSIGNMENT

2.1 The main development objective of this project is to reduce vulnerability to soil erosion in targeted sub-watersheds with actions to stabilize and rehabilitate major erosion-related sites by addressing underlying causes of gully erosion using both structural and vegetative measures. The objectives also includes mitigation of other flood related challenges in areas of coaster cities and settlements, prone communities and settlements along major rivers and also communities downstream of dammed rivers/dams. Consultancy firm is to provide technical support to the whole project in the project watershed areas, which includes support to: (i) Federal Project Management Units (FPMU hereinafter called the Client), and State Project Management Units (SPMUs); (ii) State Engineering Design and Supervision Firms (SEDSFs); (iii) Umbrella NGO (UNGO); and (iv) those agencies responsible for Resettlement Action Plan (RAP) and Environmental Management Plan (EMP) formulation and implementation for major gully control/rehabilitation sub-project sites

3.0 SCOPE OF SERVICES
3.1 To achieve the core objectives of this assignment, the consulting firm will develop a work plan and provide qualified and skilled international and national personnel in sufficient numbers to ensure the completion of the tasks listed below in a manner consistent with the international best practices and standards as adopted for NEWMAP.
3.2 The scope of the assignment will include but not limited to the following
3.2.1 Assist the FPMU engineering team in the overall plan, quality enhancement and quality control of the engineering designs under the GRASS subcomponent and completion of those in pipeline.
3.2.2 Check the quality of intervention site concept notes and engineering designs prepared by the SPMU design consultants and gives technical clearance.
3.2.3 Build the capacity of FPMU/SPMU engineers and other NEWMAP actors as appropriate.
3.2.4 Provide GIS based mapping or aerial photography (as relevant) of possible and describing actual intervention sites, their watershed and project related areas.
3.2.5 In the event that the SPMU hired consultant fail to deliver quality site intervention designs on time, prepares site designs for the respective project states as demanded by and in coordination with the SPMU engineers to be agreed on case-by-case basis.
3.2.6 Control the quality of TORs for the recruitment of consultants and Bill of quantity together with the FPMU and SPMU staff engineers.
3.2.7 Support SPMUs in the recruitment of consultants and contractors.
3.2.8 Provide engineering design and supervision related technical support to FPMU and SPMU staff engineers. This includes, not limited to, providing necessary training for approval and/or issue the schedule, working drawings, approval of the setting out of the works and how to give instructions to the contractor.
3.3 Other services include
(i) Ensure that technical aspects of watershed management programs are in harmony with the engineering designs so that SPMUs can effectively participate in the design process;
(ii) Play a critical role in integrating the site designs prepared by the SEDSFs and the activities of the UNGO to ensure that gully site engineering solutions are fully integrated into the watershed management plan of the intervention area prepared through participatory watershed planning and the technical support provided by the specialized Firm;
(iii) Assist in the participatory watershed management benchmarking process and ensure that information collected is adequate for NEWMAP performance monitoring indicators;
(iv) Review the High Spillway Discharge Impacts and Bathymetric Survey of dams in the north; in accordance with the following: Spillway Rating Curves; Tentative Floodway and Floodplain Mapping; Hydraulic Modelling, and the Emergency Operation Procedures and Flood Warning System;
(v) Review the Tentative Emergency Preparedness Plan (EPP) of dams in accordance with the following: Spillway Rating Curves; Tentative Floodway and Floodplain Mapping; Dam Break Analysis and Hydraulic Modelling, and the Emergency Preparedness Plan;
(vi) Review Dam safety as well as revision of operational procedures in the States in accordance with the following: Crest Settlement Survey, Embankment Inspection, Spillway & Outlet Works Inspection, Instrumentation Inspection & Condition Assessment; and Inspection & testing of Gates, Valves and Mechanical & Electrical Systems submitted by the SEDSFs;
(vii) Review the Diagnosis of the meteorological and hydrometric network submitted by the SEDSFs;
(viii) Assist NEWMAP States with the Consultation and elaboration of an action plan for improved meteorology and hydrometry submitted by the SEDSFs;
(ix) Review the Assessment of hydrometric network O&M budget and required manpower submitted by the SEDSFs;
(x) Ensure that the watershed management related capacity of the Client and the SPMU, and other partners is improved through hands-on and tailored trainings;
(xi) Assist the Client and the Bank, in the review and clearance of all reports submitted by the SEDSFs, and the UNGO;
(xii) Provide a second layer assurance to the Client and the Bank by recommending for clearance to any payment requests (certificates) and works proposed by SEDSFs. This include clearance recommendation for: (i) any variation orders with financial implications, (ii) variations in work quantities; (iii) sanctioning additional items, sums or costs, (iv) subletting of any part of the works, and (v) extension of contractual time limits;
(xiii) Guide the SEDSFs, on behalf of the PMUs, to prepare reports or additional contract documents for consideration of proposals to carry out of additional works;
(xiv) Recommend for authorization all additional services other than minor extras without materially affecting the scope of work, at rates or on a man-month basis and under conditions to be mutually agreed following the Project’s applicable contract procedures;
(xv) Support the PMUs and the Bank in ensuring that the engineering designs are prepared taking into consideration of possible social and environmental issues which should be addressed in the RAPs and ESMPs prepared by the Social and Environmental Consultancy Team (SECT); and
(xvi) Request the SEDSFs and the UNGO to prepare any other documentation/reports on behalf of the PMUs and/or the Bank as deemed necessary.
3.4 Guidance to the Bidding Firms
The Firm will be based in capital city of Abuja at an office provided by the FPMU. The Firm will be responsible for all office facility, transportation, accommodation, communication, support staff and support service arrangements and costs, as well as for all study data collection, survey, investigation, analysis, design and drawing/report production arrangements and costs. Bidders should therefore make provision for all such costs, as well as for the Consultant’s own assignment costs, as reimbursable expenses in their Financial Proposal. The Firm will cater for its own office equipment such as computers, printers, photocopying and cover the cost of the related consumables (excluding electricity and water). The Firm will ensure all staff are computer literate and equipped with the necessary computers and ensure that all reports, technical notes and guidelines, training kits, etc. are electronically produced. Any designs produced will be presented using a GPS referencing, linked worksheets and computer-assisted drawings, provide staff with the necessary GPS equipment as required for positioning site inspections.
The Firm will travel to intervention sites to access/review collected data and information and for stakeholders consultation. The Firm will need to ensure staff transportation to and from the Project Area, the transportation during the study period within the project area, and all translation costs from English to local languages. All governmental stakeholders will ensure that: (i) their staff will be mobilised (and provided with transportation facilities as required) to assist the Firm according to work-plans agreed on a monthly basis with each of the involved partners; and (ii) the Firm will have effective access to all relevant documents as requested by them from each of the respective partners’ representatives.
The planning costs will be covered by the Firm including (i) purchase of satellite imagery for the planning of intervention sites once the Inception report has clarified the precise location of the intervention area; and (ii) cost for digitalising of any map cadastre layers available for the gully sites. All materials purchased or developed as part of the preparation, including GIS, MIS, and other databases, survey results, computer programs, etc. will be provided to the Client in standard electronic formats, as electronic annexes to the pertinent reports, and will be the property of the Client.
Workshops, stakeholder forums and meetings will be funded and catered for as part of the project preparation costs. The Firm will be responsible for meeting the costs of training it is going to propose. Bidders should therefore provide for such costs as reimbursable expenses in their financial proposals. The costs could include meeting venue costs and travel, accommodation, meal and incidental costs for the participants.

4.0 INSTITUTIONAL FRAMEWORK
4.1 Executing Agency
The project is multi-sectoral, involving many Federal and State Ministries, Departments and Agencies (MDAs), as well as local governments and communities. As such it requires inter-ministerial and inter-state coordination, collaboration, and information sharing. The Federal Ministry of Environment (FME) is the lead implementing agency. Overall project coordination is housed in FME, while each component, sub-component and activity are implemented through relevant Federal and State MDAs. The various MDAs include those responsible for planning, economy and finance, works, agriculture, water resources, forests, transport, power, emergency response, as well as those focused on climate and hydrological information or watershed/basin regulation. Most of the project’s investments will occur at State level, as States have primary responsibility for land management and land allocations. In general, the federal level project structures will reinforce the State level structures.
At Federal level there is one Federal Project Management Unit (FPMU) that supports each of the seven State PMUs. Each State PMU is hosted by their respective environment ministries and is staffed with a broad range of expertise, supplemented by secondments from relevant MDAs. A NEWMAP Coordinator heads each PMU. Overseeing the PMUs are NEWMAP steering and technical committees at Federal and State levels. The steering committees are chaired by the environment minister/commissioner and composed of ministers/commissioners, permanent secretaries, or directors-general. The technical committees are chaired by environment permanent secretaries and composed of relevant directorsThe Federal Ministry of Environment (FME) is the project-executing agency. The FPMU within the Federal Ministry of Environment (FME), will be responsible for overall coordination, monitoring and evaluation of the consultancy. The Firm will report directly to the FPMU, and the FPMU will facilitate Firm’s activities and plays the coordination role by linking the Firm with State level organizations, the SEDSFs, the UNGO and the World Bank. In the event of encountering problems affecting or likely to affect study performance, progress and results during execution of the assignment, the Firm will communicate directly with the FPMU on an urgent and immediate basis. The Firm will identify the problems, outline and recommend mitigation measure/s, and request FPMU assistance, intervention or approvals if and as needed. See below the overview of engineering design and supervision of civil works and the associated organogram (Fig. 1) for details
OVERVIEW OF ENGINEERING DESIGN AND SUPERVISON OF CIVIL WORKS
The design and construction supervision of civil engineering works will have the following arrangements at Federal and State levels. Please see Figure 1 below.
4.1.2 FEDERAL PROJECT MANAGEMENT UNIT (FPMU) STAFF ENGINEER
a) Monitors the overall design and construction activities in all states.
b) Support, coordinate and facilitates State Project Management Unit (SPMU) engineers.
c) Support to carry out procurement including recruitment of federal level consultants and related equipment.
d) Consolidates the reports on the progress of work submitted by the SPMU staff engineers.
e) Oversees and coordinate the work of the federal quality control and engineering design firm.
f) Convenes and chairs monthly meetings with SPMU staff engineers.
g) Provides support to SPMU staff engineers in case of difficulties arising from design and construction activities.
h) Advise project steering/technical committees on technical issues concerning the project.
i) Provides post construction maintenance work monitoring support to states.
j) Assembles knowledge to facilitate cross-state learning on good design and supervision and maintenance.

4.1.3 FEDERAL QUALITY CONTROL AND ENGINEERING DESIGN FIRM
a) Assists the FPMU engineer in overall plan, quality enhancement and control of the engineering designs/works under the GRASS subcomponent and completion of those in pipeline.
b) Checks the quality of intervention site designs prepared by the SPMU design consultants and gives technical approval.
c) Builds the capacity of SPMU engineers and other NEWMAP actors.
d) Provides GIS based mapping or aerial photography (as relevant) of possible and actual intervention sites, their watershed and project related areas.
e) In the event that the SPMU hired consultant fail to deliver quality site intervention designs on time, prepares site designs for the respective project states as demanded by and in coordination with the SPMU engineers.
f) Controls the quality of TORs to recruit consultants and to prepare bid documents together with the FPMU and SPMU staff engineers.
g) Establish and maintain track recording of design reviewing and intervention in cooperation with M&E expert to provide progressive technical support in project monitoring, evaluation and operating in management information system.
h) Supports SPMUs in the recruitment of consultants and contractors.
i) Provides engineering design and supervision related technical support to FPMU and SPMU staff engineers. This includes providing necessary training.

4.1.4 STATE PROJECT MANAGEMENT UNIT STAFF ENGINEER
a) Prepares TORs and recruits engineering design and supervision firm as supported by the FPMU engineer and federal quality control and engineering design firm.
b) Recruits contractors for intervention site construction as supported by the FPMU and the federal quality control and engineering design firm.
c) Monitors the day-to-day intervention site design and construction activities and seeks the concurrence of the federal quality control and engineering design firm for FPMU.approval
d) Countersigns payment certificates after joint measurement of works with the supervising consultant.
e) Reports on the progress of work.
f) Ensures that intervention sites are redesigned/amended by the design consultants as advised by the federal quality control and engineering design firm.
g) Coordinates all state actors (community representatives, umbrella NGO, sector offices etc) involved on site level interventions. Also convenes and chairs site meetings.
h) Serves as a bridge between the contractor and the community on the one hand and consultants and the community on the other hand to resolve issues arising during construction.
i) Provides advice to top management on technical issues concerning the Project.
j) Monitors post construction maintenance work.
4.1.5 STATE ENGINEERING DESIGN AND CONSTRUCTION SUPERVISION FIRM
a) Assists the SPMU in preparing the Engineering designs under the GRASS subcomponent and completion of those in pipeline.
b) Prepares bidding documents.
c) Supports SPMUs in the recruitment of contractors.
d) Supervises the day-to-day activities of contractor’s work at state and site levels by assigning a resident engineer and on-site clerk of work (see below).
e) Assists the SPMU staff engineer in all necessary procurement activities.
f) Assist the SPMU staff engineer in compiling progress reports.
g) Participates in Project technical committee meetings as observer and informant as needed.
h) Assists the SPMU staff engineer in monitoring post construction maintenance works.

4.1.6 RESIDENT CONSTRUCTION SUPERVISION ENGINEER (One per State. Employee of the STATE ENGINEERING DESIGN AND CONSTRUCTION SUPERVISION FIRM)
a) Supervises all construction activities in the state in line with the detailed designs.
b) Ensure that site books are used and updated. This includes, not limited to, ensuring that lab-tests are carried out properly and documented.
c) Measures and certifies the work done by contractors.
d) Monitors the implementation schedule of contracted works.
e) Submits monthly and quarterly progress reports to the SPMU staff engineers through the state level firm.
f) Designs and make cost estimates for necessary modifications, in consultation with the state-level firm, the FPMU and SPMU staff engineers, and as approved by federal quality control and engineering design firm.
g) Prepares reports on technical issues concerning the Project.
h) Supervises on-site clerk of works.

4.1.7 ON-SITE CLERK OF WORKS (One per site. Employee of STATE ENGINEERING DESIGN and CONSTRUCTION SUPERVISION FIRM)
a) Conducts site level day-to-day supervision, record keeping and quality control.
b) Prepares quantity takeoff.
c) Liaises between the contractor and resident construction supervision engineer.
d) Follow up on contractor’s day-to-day work schedule.

4.1.8 CONTRACTOR (contracted by SPMUs)
a) Implementation/Execution of job according to design and specification.
b) Takes instructions from resident construction supervision engineer.
ORGANOGRAM: Fig. 1

Hire

Design quality control,
Mapping and capacity
Support to States Coordination
Reporting and
Technical oversight

Hire
Coordination
Technical Support
Hire
Employee

Site Supervision

4.2 Concerned Government Agencies
In addition to the corresponding federal level institutions, a number of key state institutions are involved in soil erosion and watershed management. These include: (a) the FME; (b) the Federal Ministry of Water Resources (FMWR), with the River Basin Development Authorities (RMDAs), the Federal Integrated Water Resources Management Commission, the Federal Hydrological Services Agency, and the State Water Resources Institute; (c) the Federal Ministry of Agriculture and Rural Development (FMARD), with the multi-sector Federal Sustainable Land Management Committee; (d) the Federal Emergency Management Agency, and (e) Federal Ministry of Works. Additional federal institutions are also involved including Nigeria Meteorological Agency (NIMET) and the Nigerian Space Research and Development Agency (NASRDA). The mandates and functions of many of the agencies above are not clearly defined which results in duplication of functions, conflict of interest and lack of inter sectoral coordination. In addition many are under-funded, lack stable leadership and have significant capacity constraints.
4.2.1 The Federal Ministry of Environment (FME) has the mandate at the national level to supervise all environmental activities as the central authority for soil erosion and watershed management, with as core functions: (i) defining the policy, legal and regulatory framework for environmental management; (ii) environmental monitoring, data collection and analysis; (iii) EIA review, training, clearances including environmental education and public awareness; (iv) managing ecosystems and promoting sustainable use of natural resources; and (v) setting and enforcing environmental quality norms, standards and rules. The FME has several technical departments: (a) Forestry, (b) Drought and Desertification, (c) Environmental Assessment, (d) Pollution Control and Environmental Health, (e) the Special Climate Change Unit, (f) the Federal Forestry Department, and (g) Erosion, Flood and Coastal Zone Management. The latter is responsible for implementing environmental policies related to soil erosion.
4.2.2 The Department of Erosion, Flood and Coastal Zone Management (DEFCZM) has the mandate at the national level to (i) monitor and evaluate erosion control projects; (ii) coordinate with research, operation, and education agencies of federal, state and local governments as well as private institutions to develop and improve and use information pertinent to conservation planning; and (iii) construct erosion control structures to reclaim eroded sites. Thus, the Department is directly involved in the implementation of projects as well as ensuring environmental compliance; this can create a potential conflict of interest. The DECZM comprises four divisions: (a) Soil Erosion Monitoring and Control, responsible for land degradation hazard assessment and monitoring and assessment of gully erosion areas; (b) Flood Forecasting Monitoring and Control, charged with flood plain mapping and monitoring and maintenance of flood control infrastructure; (c) Coastal Zone Management, responsible for monitoring and controlling coastal and river bank erosion, coastal land management, and dredging and reclamation of affected areas; and (d) Water Management and Harvesting. DEFCZM receives funding from two sources: federal budget and the Ecological Fund, which is financed through an annual provision of 1.5% of the Federal Account. The Secretariat of the Fund is located in the Presidency and is responsible for processing all requests for funds, documentation of all disbursements, monitoring and co-ordination and general administration of the funds. The fund allocation is decided by the National Committee on Ecological Problems which is chaired by the Minister of Environment and includes the representatives from various line ministries and the RBDAs. While the annual earmark is sufficient to address a wide range of activities, there have been problems with mismanagement and misallocation of funds.
4.2.3 The National Environment Standards and Regulation Agency (NESREA), under the guardianship of FME, has one service and three technical Departments, one of which is the Department of Environmental Quality Control, which has three Divisions: (i) Environmental Quality Technology; (ii) Land Resources and Watershed Monitoring; and (iii) Conservation Monitoring. Soil erosion and watershed management issues are under the responsibility of the Land Resources and Watershed Monitoring division which is responsible for making regulations, guidelines or standards for the protection and enhancement of the quality of land resources, natural watersheds, coastal zone, dams and reservoirs including prevention of flood and erosion. The NESREA Act 2007 contains provisions for environmental monitoring, auditing and compliance enforcement. At the Regulatory Dialogue forum of 2011, with representatives by States Commissioners/Permanent Secretaries and Local Government Area Chairmen nationwide, Roles and Responsibilities of the Federal Government, the States and Local Government Areas were defined in respect to compliance monitoring and enforcement of the 24 National Environmental Regulations 2009 and 2011. Communities could be further utilized in compliance monitoring. The agency has no independent system of collecting baseline data on critical watersheds and/or erosion sites that is necessary for the implementation of its enforcement mandate.
4.2.4 The mandate of the Federal Ministry of Water Resources (FMWR) is to harness underground and surface water resources for irrigation, recreation, navigation, hydropower generation, water supply for industrial and domestic uses. It comprises: (a) twelve River Basin Development Authorities (RBDAs); (b) Department of Dam and Reservoir Operations; (c) Department of Irrigation and Drainage; (d) Nigeria Hydrological Services Agency (NIHSA); and (e) the Nigeria Nigeria Integrated Water Resources Management Commission (NNIWRMC).
Under the Department of Irrigation and Drainage, the Division on Drainage and Flood Control is to: (i) provide guidance and support programs of RBDAs; (ii) carry out studies and research to ensure proper and regular review of comprehensive master plan for drainage and flood control projects and developments; (iii) provision of technical support and guidance for formulation, periodic review, development and implementation of national policies as it relates to planning, development, operations and maintenance of drainage and flood control policies. There is clear overlap of these functions with FME.
4.2.5 River Basin Development Authorities (RBDAs) are parastatals with as functions: (i) comprehensive development of both surface and groundwater resources for multipurpose use, with particular emphasis on the provision of irrigation infrastructure and the control of flood and erosion for watershed management; (ii) construct, operate and maintain reservoir dams, dykes, polders, wells, boreholes, irrigation and drainage systems and other works and to hand over all lands to be cultivated under irrigation schemes to the farmers; (iii) supply water to all users for a fee; and (iv) construct, operate and maintain infrastructural services such as roads and bridges linking projects sites. RBDAs functioning has not been without problems: (a) frequent changes in mandate and limited experience in water resource management; (b) weak performance, both in terms of service delivery and financial management; (c) overlap of mandates and lack of coordination between FME and RBDAs; and (d) weak data collection, though most RBDAs maintain hydrological stations within a basin the gauging stations are not calibrated neither are rating curves produced for these stations.
The soon to be established Nigeria Integrated Water Resources Management Commission (NIWRMC) will have a key role watershed management. The proposed Bill gives the NIWRMC the power and enforcement authority (under FMWR) inter alia: (a) implement regulatory policies related to water resources management activities; (b) responsibility for economic and technical regulation for all WR exploitation and provision (construction, O&M and tariffs) of public and private waters resources infrastructure; (c) ensure the safety and quality of waster resource development and public water services by regulating standards for execution and performance; (d) liaise with relevant agencies to conduct studies and surveys for the purpose of establishing water resources balance and catchment management plans and water efficiency strategies; (e) regulate advise and coordinate international trans-boundary cooperation and issue/conflict resolution; (f) effectively monitor and evaluate national water sector programs and advise the Minister on all matters including borrowing foreign TA & portfolio matter; (g) facilitate technical assistance in all aspects of integrated water resources management; and (h) be responsible for ensuring that the Act’s provisions are carried with regard to the public interest. However, it is noted that NIWRMC will have representative offices within each of the basins, but these will report directly to the federal level NIWRMC and are not governed by a cooperative arrangement of the states, which is against the principles of devolution of management responsibility and does not build on the successful arrangements for basin management initiated by some states. The proposed Bill does not refer to existing RBDAs and relationships between the NIWRMC and both existing and proposed organizations are not clear.
4.2.6 The National Hydrological Services Agency (NIHSA) is the custodian of all water resources data, the location of water resources in time and space, their extent, dependability, quality and the possibilities of their utilization and control on a continuous basis on both surface and ground. The agency’s activities and functions have direct relation to management of watersheds, for example studies on special catchment areas, program on gathering of sediment transport data, hydrological mapping, baseline data collection for all required flood plain mapping.etc. However, NIHSA suffers from a lack of autonomy and limited funding. Its Board is yet to be inaugurated, and it is headed by an Acting Director General.
4.2.7 The National Water Resources Institute (NWRI) in Kaduna is a parastatal under the FMWR, designated to provide training and education, data collection and dissemination services in the field of water resources development and management. In the context of integrated water resource management training and research, NWRI aims to focus on catchment management modeling, extreme hydrological events (floods and droughts), water resource assessment, coastal water management, water quality management and ecological problems such as erosion, sedimentation and pollution. However, the Institute’s training and capacity building is mostly demand driven and currently much of its focus is on areas of sanitation and water supply issues. The national water resources data bank in NWRI is not fully functional.
4.2.8 The Federal Ministry of Agriculture and Rural Development (FMARD) is a key Ministry focusing on sustainable land management issues. The Ministry is responsible for the national agriculture policy, technical support to land use planning, soil management, soil capacity evaluation and soil resource management. Soil erosion and watershed management activities come under the Department of Agriculture and Land Resources, with as tasks: (a) continuous inventory and assessment of land resources, and monitor changes in their potential for agriculture; (b) rehabilitation of degraded land area affected by drought, desert encroachment, soil erosion and flood, and to prevent the spread of these disasters to other areas through effective protection measures; and (c) training of middle level management needs for the national land resource sub sector. The Department has four technical divisions dealing with: (i) soil erosion and watershed management issues; (ii) soil and fertility testing; (iii) soil survey and land evaluation; and (iv) soil fertility management and land use conservation. In addition, there is a specialized unit in GIS and remote sensing.
4.2.9 The National Technical SLM Committee is hosted by FMARD and draws its members from a number of federal MDAs agencies including Finance, Planning, Water, Environment, and NIMET. It is supported by the Bank financed Fadama III operation, and has set the stage for improving coordination at a technical level and mainstreaming of land management activities in MDAs. The SLM Committee is hoped to become a formal technical/working committee for the SLM agenda in Nigeria. The Committee worked with Cross River State, which prepared a multi-sector SLM Investment Framework, which includes coasted priority actions prepared by the Cross River State Government’s cabinet. However, the National SLM Committee has limited leverage to implement its formal mandate, which centers on knowledge consolidation and generation to inform investment prioritization.
4.2.10 The National Emergency Management Agency (NEMA) was established to manage disasters through measures such as creating awareness and early warning systems. It has six zonal offices, which in the last year have been strengthened by the recruitment of around 192 new staff. NEMA depends heavily on the coordination and collaboration of other relevant MDAs to effectively implement its mandate. This has been difficult at federal and state level and NEMA has been functioning mostly in isolation.
4.2.11 The Federal Ministry of Works has primary responsibility for federal roads including appropriate drainage. However, the Ministry’s mandate only extends tens of meters on either side of road corridors, resulting in incomplete drainage works that cause significant erosion in humid southern soils. This situation necessitates close coordination with FME, state ministries, and local bodies to ensure that drainage is fully built to discharge water safely to the natural water body.
4.2.12 The Nigeria Meteorological Agency (NIMET) and the Nigerian Space Research and Development Agency (NASRDA) are both important agencies for the project’s mission to modernize information and carry out evidence-based policy, planning and investment. Coordination among NIHSA, NIMET and NASRDA is critical for investment success by the participating states.
4.2.13 State Ministries, Departments and Agencies (MDAs): The institutional issues identified above are mirrored at State level, which have primary responsibility for land allocations and for regulating land use. State leadership in the south is highly motivated to address gully erosion and have dedicated considerable political and financial capital to do so. State Ministries of Environment is staffed mainly with civil engineers, which resulted in past and ongoing efforts to manage erosion being heavily dependent on a limited menu of civil engineering measures that have had mixed results. A more integrated and holistic approach is needed to address gully erosion and these departments or agencies lack sufficient multi-disciplinary teams and multi-sector coordination to bring about such approaches. State Ministries of Works rarely conduct EIAs for road and highway construction projects and even if such EIAs have been carried out, their recommendations are often not implemented. When constructing roads especially in the urban areas, most designs do not include adequate drainage, which is one of the major causes of gully erosion. Further, communities are rarely included in decision making at the State level.
4.2.14 Federal Technical Committee
The Federal Technical Committee (FTC) is comprised of representatives from FPMU and relevant federal MDAs (e.g. water resources, highways, urban development, finance, local government, etc.), and stakeholder groups reflecting project’s multi-sectoral interests and concerns. The FTC will be chaired by the head of FPMU and will be responsible for advising and overseeing project coordination and implementation aspects. In relation to the consultancy assignment, the FTC will meet quarterly to review the progress of the NEWMAP and advice on the technical issues. The Firm will be responsible for meeting the costs of these meetings, each of which may be one day long. The Firm should therefore provide for such costs as reimbursable expenses in their financial proposals. The costs could include meeting venue costs and travel, accommodation, meal and incidental costs for the FTC members.
4.3 Environmental and Social Consultant Team

The Environmental and Social Consultant Team (ESCT) who will collaborate with the Firm carried out environmental and social analyses of the selected schemes. The respective environment and social impact assessments (ESIAs) need are prepared by the ESCT based on the detailed designs prepared and approved by the NEWMAP and the Bank and any mitigation measures recommended is to be included in the civil works contracts
The Firm will also work in close collaboration with the NEWMAP contracted umbrella NGO as coordinated by the SMPU, to ensure watershed-wide community participation throughout the execution of the assignment

5.0 REPORTING OBLIGATION

The Firm will report and be accountable to the FPMU. The inception report is to outline the Firm’s work plan, define its tasks and the planned implementation periods and schedules, identify target submission dates of reports, and indicate expected staff allocations and inputs to each task. Particular attention will be given towards the planned coordination within other teams and preparation of a detailed schedule of tasks in chart form. The inception report once approved and issued in its final form, will serve as the consultancy’s baseline for the management and monitoring of the tasks.
All reports are to be written in English and to use SI units for measurement. Initially, formal draft reports will be submitted to the Client, in both hard and electronic copy formats. Review comments would then be transmitted in writing and discussed with the Firm. Agreed report modifications are then to be effected at that point, and the resulting final reports will be submitted in both hard (5 copies) and electronic copy formats. Final reports will require both Client and World Bank approvals.
5.1 Monthly Progress Reports

The Consultant shall prepare consolidated Monthly Progress Reports covering the progress on all the construction contracts. The reports shall provide a brief but comprehensive end-of-month progress assessment for the contracts. Tabulated and graphical representations of physical and financial progress compared with the work program and cash flow forecasts, relevant photographs and details of impediment to the works and proposals for overcoming them. These reports shall be submitted within the first week of the succeeding month.

5.2 Quarterly Progress Reports

These reports shall make use of the information previously reported monthly, but suitably modified to include, summarize, and draw conclusions on all pertinent issues concerning the assignment. In addition, the Quarterly Progress Reports shall summarize the Consultant’s activities, with solutions adopted, financial statements with the Consultancy Agreement and any other relevant information considered necessary in respect of the services delivery. Each of these reports shall be submitted not later than the7th day of the first month of the following quarter.

5.3 Final Project Report

The Consultant shall produce a Final Project Report, summarizing all the activities under the Project, including financial summaries and project implementation particulars. The report shall be submitted within one (1) month after completion of the Consultant’s services.

6.0 CONSULTANT EXPERTISES AND STAFFING REQUIREMENT
The Firm will be composed of both international and national professionals. Nominated international professionals should be able to provide leadership, oversight and coordination, to assure proper integration and quality of findings and results, to fill capacity gaps, and to bring advanced analytical skills and global experience to the assignment. Local professionals should be able to ensure study relevance and effectiveness in the context of prevailing local conditions, and to ensure sensitivity to social and cultural aspects, as well as to assist with linguistic aspects. Their inclusion in the team would also contribute to important local capacity building and to containing study costs. The firm’s nominated team leader must have been a permanent employee of the firm for at least two years prior to the bid date
All international staff should have at least a master’s degree in their field of specialization or related fields, and at least 10 years of professional experience in related assignments, including working in Africa and preferably in Nigeria. National staffs should have similar years of professional experience in related assignments.
Satisfactory execution of soil erosion control intervention feasibility studies and supervision will require a multi-disciplinary team with high levels of technical and social skills. Prospective Firms are required to propose a team that will bring an appropriate mix of disciplines, educations, skills and experiences, a sound understanding of development issues, and strong international and/or regional experiences on similar projects.
6.1 Team Leader should have at least a master’s degree in relevant field of erosion and watershed, flood risk management, and soil moisture management with 15 years’ experience in extensive management and coordination working in a developing country environment on land and water resources management/development projects involving substantial engineering, social, institutional, environmental and economic components. Demonstrated skills in high-level policy dialogue, project planning and management, execution of multi-disciplinary quality control, preparation and conduct of training are essential. This quality has to be supported by sound technical experience and understanding gained through a career in land and water resources management/development. He/she should have a professional background in land and water resources management/ development engineering, and experiences in directing, managing and monitoring similar multi-disciplinary assignments in Africa and preferably in Nigeria. The following skills will be required:
• Strong interpersonal skills and ability to create and maintain effective working relationships with multiple project partners
• Ability to productively work as a member of an overall project and as an individual
• Takes initiative while maintaining the integrity of the team/ project goals
• Capacity to prioritize and multi-task for the timely completion of assignments
• Exceptional organizational skills
• Flexible and adaptable
• Works well under pressure
• Exceptional visualization, writing and editing skills
• Interest in working with and learning from field teams and networks
6.2 Erosion and Flood Control Structural Engineer/s should have a civil or agricultural engineering degree and preferably, an advanced degree in Hydraulic Structure or Soil Conservation Engineering and at least 15 years’ experience in large gully erosion and flood control hydraulic structures design using diverse materials (concrete, masonry, synthetic filter materials, gabions and vegetative controls such as Vetiver Grass – see Reference 3). Experience of working in fragile soils in high and intensive rainfall areas similar to Nigeria context is essential. Demonstrated ability in designing hydraulic structures, hands-on experience in using flexible structures such as gabions and geo-membrane combined with vegetation measures, providing training and understanding of the O&M requirements are very important. The following skills will be required:
• Strong interpersonal skills and ability to create and maintain effective working relationships with multiple project partners
• Ability to productively work as a member of an overall project and as an individual
• Takes initiative while maintaining the integrity of the team/ project goals
• Capacity to prioritize and multi-task for the timely completion of tasks
• Exceptional organizational skills
• Flexible and adaptable
• Works well under pressure
• Exceptional visualization, writing and editing skills
• Interest in working with and learning from field teams and networks
6.3 Agricultural Soils and Watershed Management Specialist/s should have at least 15 years’ experience in wide area of disciplines (ranging from policy/institutional to technical and effectively interacting with communities) related to participatory soil moisture and watershed management at basin, sub-basin and national levels and demonstrated experience in design and implementation of participatory soil moisture and watershed management programmes as well as providing training in related field.
6.4 GIS Specialist/s should possess an advanced degree in GIS combined with 7 years’ GIS work experience, with skills and expertise needed to generate GIS based maps that can be applied to watershed management planning and gully site intervention designs and provide users training.
6.5 Dam Safety Specialist. A university post graduate in civil or geotechnical engineering preferably with specialization in embankment dams with at least 15 years of work in dam and dam safety remedial analysis experience in the inspection, geotechnical/geophysical analysis and remedial works design of complex embankment dams. Working command of written and spoken English is essential.
He/she should be capable of critically assessing the condition of dam instrumentation equipment, capable of assessing the viability of repairs and or replacement of deep pneumatic piezometers in dam foundation, proposing specifications and methods of equipment replacement and reinstallation and, preparing a report on his/her findings and recommendations. His/her experience should cover design, maintenance/repair and reinstallation of all kinds of dam safety instrumentation (e.g. standpipe and pneumatic piezometers and their monitoring systems, foundation pressure cells and monitoring equipment, relief wells, seepage measurement, inclinometers
6.6 Geotechnical Expert; A highly experienced Chartered Geotechnical Engineer with a 15yr. post graduate degree in Soil Mechanics, Rock Mechanics, Geotechnical Engineering, Engineering Geology, Geophysics, Hydrogeology, or other ground related discipline. He/she should be recognized internationally on the basis of his consulting assignments and membership in professional associations. Must have the capability to work outdoors in various environmental and weather conditions, ability to work as part of a team or independently. Conduct research analyses of geotechnical data and reports inside a laboratory or office, Determine site conditions by sampling water, soil and rock at field sites, use standard sampling methods in collecting samples, label samples and record all observation and possess excellent computer skills and ability to use specialized geotechnical software programs and databases.
6.7 Hydro Electro-Mechanical Expert; A highly experienced Electro-Mechanical Engineer (University post graduate) with at least 15 years experience especially in the dam development and rehabilitation including design, installation, operation and maintenance and repair/refurbishment and replacement of dam Hydro Electro Mechanical equipment, appurtenances (gates, valves, lifting equipment, pipe systems, etc.) and associated mechanical-electrical control systems. He/she should be recognized internationally on the basis of his consulting assignments, technical papers and membership in professional associations. He should be capable of critically assessing the condition of equipment, proposing specifications and methods of equipment replacement and preparing a report of his findings and recommendations.
6.8 Hydrologist (with strong background of Hydraulic Engineer); An experienced hydraulic engineer/hydrologist (University post graduate) specializing in operational hydrology and hydraulic design of national and/or international repute with at least 10 years work experience. His experience should include: processing and review of raw hydrometric data; analysis of extreme rainfall and river flow statistics; preparation of river flow hydrographs and flow–duration curves for use in deriving reservoir rule curves; rainfall-runoff simulation of river flow under conditions of inadequate flow records for determination of extreme low frequency inflow hydrographs for dam reservoirs; reservoir operational modeling to determine extreme spillway discharges; river channel flow modeling to determine overbank flooding from extreme spillway discharges; dam break modeling, as well as review of hydraulic design, such as spillways, stilling basins, outlet works.
All key experts should have the equivalent of at least a master’s degree in their field of specialization or related fields, and at least 10 years of professional experience in related assignments. Consultants are required to propose teams that will bring an appropriate mix of disciplines, educations, skills and levels of experience, a sound understanding of development issues, and strong international and/or regional experience on similar projects. Detailed Curriculum Vitae should be included for each proposed professional team member
7.0 REMUNERATION
The Remuneration of the consultant is attractive and commensurate with those offered by International bodies for similar assignments
8.0 CLIENT’S OBLIGATION
The client is to provide the following facilities:
(i) All local travels in accordance with the agreed breakdown of reimbursable.
(ii) Secretarial Support at the office of SPMUs
(iii) Relevant available published information
(iv) Organize inception meeting between stakeholders
9.0 CONDUCT OF THE CONSULTANT

i. The Consultant will, at all times, be expected to carry out the assignment with the highest degree of professionalism and integrity. The Consultant will be expected to conduct his duties in an open and transparent manner.
ii. The Consultant will not, under any circumstance, take any actions or be seen to be taking any actions, which may hinder or prevent the NEWMAP from executing this assignment.
iii. The Consultant will study all NEWMAP guidelines and policies, and will be expected to ensure that the assignment is concluded with the strictest adherence to all such policies and regulations.
iv. The Consultant will not, under any circumstances, take any material decision pertinent to this assignment without the express permission and written consent of an authorized representative of the NEWMAP.
v. The Consultant will not, under any circumstances, discuss, divulge or use any information regarding this assignment or any other transaction conducted as part of the FGN’s Program, without the express written permission of an authorised representative of NEWMAP

10.0 DURATION OF SERVICE
The consulting services shall be for an initial two years, which could be extended base on the performance of the firm. Prospective Firms are requested to propose their detailed schedule which include logically organized flow diagram describing key milestones.

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