Request for Proposals for Consultancy Servicesnepa.gov.jm/rfp/rfp_special_consultant_falmouth_pier_doc.pdf · • A copy of the Individual’s TCC 3. NEPA will timely provide at no

Request for Proposals for Consultancy Services Environmental Monitoring Consultancy Falmouth Cruise Ship Pier Development

National Environment and Planning Agency 24 August 2009

Request for Proposals Environmental Monitoring Consultants – Falmouth Cruise Ship Pier NEPA

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Section 1: Letter of Invitation (LOI) REQUEST FOR PROPOSAL for Special Consultancy Services

Environmental Monitoring Consultancy Falmouth Cruise Ship Pier Development

The Board of the Natural Resources Conservation Authority/Town & Country Planning Authority (NRCA/TCPA) has approved a proposal from the Port Authority of Jamaica to develop a cruise ship pier at Falmouth in the Parish of Trelawny. The project envisions the development of berthing facilities, including dredging of the existing channel through offshore reefs, as well as the development of landside facilities required to handle the volume of cruise ship passengers disembarking while vessels are docked. The NRCA/TCPA has mandated the National Environment & Planning Agency (NEPA) to conduct special monitoring of the conditions of the approval as outlined in the Permits and Licences which have been issued. The work will involve environmental monitoring of marine and land-based pre-construction, construction and post-construction activities at the construction site of the Falmouth Cruise Ship Pier Development. The monitoring team will be required to ensure compliance with permitted conditions and report deviations and/or breaches to the Agency as they occur. NEPA now invites applications from qualified Individuals and/or Companies to undertake selected monitoring of this Project on its behalf. Interested parties should submit Technical and Price proposals for services in respect of the above referenced consultancy. Firms/individuals will be selected under the Quality and Cost Based Selection (QCBS) Method1. To enable you to submit a proposal, you will find attached: Section 1: Letter of Invitation (LOI); Section 2: Information to Consultants (ITC); Section 3: Technical Proposal - Standard Form; Section 4: Financial Proposal - Standard Form; Section 5: Terms of Reference; Section 6: Standard Form of Contract.

Duration of the contract is Twelve (12) months. Level of effort: 240 days Proposals should be returned in Sealed Envelopes to the Bid Box located in the lobby at 10 Caledonia Avenue, Kingston 5, by Friday, September 18, 2009 at 3:00 p.m.

TENDER OPENING Each Bidder is invited to the public tender opening at 3:15 p.m. on Friday September 18, 2009

in the ASB Meeting Room, 1st Floor, at 10 Caledonia Avenue, Kingston 5.

1 Sub-Section # S-3040, Page 1 of 5, GOJ Handbook of Public Sector Procurement Procedures, November 2008. http://www.ncc.gov.jm/website_files/gpphandbook_ver3.pdf


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Section 2: Information to Consultants

The following are Instructions to Consultants (ITC) for Environmental Monitoring Consultants – Falmouth Cruise Ship Pier Development In regard to the manner in which your proposal should be made, please note the following: 1. Proposals should be prepared in the English language.

2. Proposal documents should be prepared and submitted as follows:

• Original and two copies of the technical proposal • A detailed Profile outlining qualification of the Firm/consortia • Methodology to be employed in accordance with the TOR located at

Section 5 of this document • Original and two copies of the Price Proposal; • A copy of the Individual’s TCC

3. NEPA will timely provide at no cost to the Consultants the inputs and facilities specified in the

Data Sheet and make available relevant project data and reports. 4. Conflict of Interest: GOJ policy requires that Consultants provide professional, objective, and

impartial advice and at all times hold NEPA’s interests paramount, strictly avoid conflicts with other assignments or their own corporate interests and act without any consideration for future work. Without limitation on the generality of the foregoing, Consultants, and any of their affiliates, shall be considered to have a conflict of interest and shall not be recruited, under any of the circumstances set forth below:

a. A firm/individual that has been engaged by NEPA to provide goods, works or services

other than consulting services for a project, and any of its affiliates, shall be disqualified from providing consulting services related to those goods, works or services. Conversely, a firm/individual hired to provide consulting services for the preparation or implementation of a project, and any of its affiliates, shall be disqualified from subsequently providing goods or works or services other than consulting services resulting from or directly related to the firm’s/individual’s consulting services for such preparation or implementation. For the purpose of this paragraph, services other than consulting services are defined as those leading to a measurable physical output, for example surveys, exploratory drilling, aerial photography, and satellite imagery.

b. A Consultant (including its Personnel and Sub-Consultants) or any of its affiliates shall

not be hired for any assignment that, by its nature, may be in conflict with another assignment of the Consultant to be executed for the same or for another Procuring Entity. For example, a Consultant hired to prepare engineering design for an infrastructure project shall not be engaged to prepare an independent environmental assessment for the same project, and a Consultant assisting a Procuring Entity in the privatization of public assets shall not purchase, nor advise Procuring Entities of, such


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assets. Similarly, a Consultant hired to prepare Terms of Reference for an assignment should not be hired for the assignment in question.

c. A Consultant (including its Personnel and Sub-Consultants) that has a business or

family relationship with a member of the Procuring Entity’s staff who is directly or indirectly involved in any part of (i) the preparation of the Terms of Reference of the assignment, (ii) the selection process for such assignment, or (iii) supervision of the Contract, may not be awarded a Contract, unless the conflict stemming from this relationship has been resolved in a manner acceptable to the GOJ throughout the selection process and the execution of the Contract.

5. Consultants have an obligation to disclose any situation of actual or potential conflict that

impacts their capacity to serve the best interest of their Procuring Entity, or that may reasonably be perceived as having this effect. Failure to disclose said situations may lead to the disqualification of the Consultant or the termination of its Contract.

6. No current employees of NEPA shall work as Consultants under their own ministries,

departments or agencies. Recruiting former government employees of NEPA to work for their former ministries, departments or agencies is acceptable provided no conflict of interest exists. When the Consultant nominates any government employee as Personnel in their technical proposal, such Personnel must have written certification from their government or employer confirming that they are on leave without pay from their official position and allowed to work full-time outside of their previous official position. Such certification shall be provided to the NEPA by the Consultant as part of his technical proposal.

7. At any time before the submission of Proposals, NEPA may amend the RFP by issuing an

addendum in writing or by standard electronic means. The addendum shall be sent to all Consultants and will be binding on them. Consultants shall acknowledge receipt of all amendments. To give Consultants reasonable time in which to take an amendment into account in their Proposals the Procuring Entity may, if the amendment is substantial, extend the deadline for the submission of Proposals

8. In the event of any discrepancy between the original and the copies, the original shall govern.

Submissions should be sealed in one outer envelope with Price Proposals and Technical Proposal clearly differentiated. Your price should be quoted in Jamaican Dollars.

The outer envelope shall be addressed as follows:

Mr. Peter Knight

Chief Executive Officer (Acting) National Environment & Planning Agency

10 Caledonia Avenue Kingston 5

Jamaica W.I. Proposal for providing Consultancy Services for:

Environmental Monitoring of the Falmouth Cruise Ship Pier Development


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4. Proposals must be received at NEPA by the latest 3:00 p.m. on Friday September 18, 2009.

Any submissions arriving after the above deadline may be rejected. NEPA may, at its discretion, extend the deadline for submission of proposals, by notifying all prospective proposers in writing. Extension of the deadline may accompany a modification of the solicitation documents prepared by NEPA at its own initiative or in response to a clarification requested by a prospective proposer.

5. Proposals must remain open for acceptance by NEPA for a period of up to 60 days beyond the

deadline stipulated for submission of proposals. NEPA intends to decide on the award of the contract within 60 days after the deadline for submissions

6. In accordance with Tax Compliance and Public Sector Procurement Circular No 13 dated September 14, 2001 (http://www.mof.gov.jm/papers) the Bidder shall have to demonstrate that they have paid such taxes, duties, fees and other impositions as may be levied in Jamaica. The firm/individual is expected to have a valid and up-to date Tax Compliance Certificate (TCC) at the time of submission of proposal. A copy should be included with the Price Proposal.

7. The Technical Proposal should describe how the various tasks will be accomplished.

Firms/individuals should provide a description of their methodology and work plan divided into the following three sections:

a. Technical Approach and Methodology b. Workplan c. Organization and Staffing Schedule

The work plan should be consistent with the Work Schedule (Form TECH-8 of Section 3) which will show in the form of a bar chart the timing proposed for each activity.

8. The Price Proposal shall be prepared using the attached Standard Forms (Section 4). It

shall list all costs associated with the assignment, including (a) remuneration for staff (foreign and local, in the field and at the Consultants’ home office), and (b) reimbursable expenses indicated in the Data Sheet. If appropriate, these costs should be broken down by activity and, if appropriate, into foreign and local expenditures. All activities and items described in the Technical Proposal must be priced separately; activities and items described in the Technical Proposal but not priced, shall be assumed to be included in the prices of other activities or items.

9. Please note that your costs for preparing a proposal and for negotiating towards a Contract will not be reimbursable, nor can such costs be included as direct costs for this assignment.

10. From the time the Proposals are opened to the time the Contract is awarded, the

Consultants should not contact NEPA on any matter related to its Technical and/or Financial Proposal. Any effort by Consultants to influence NEPA in the examination,


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evaluation, ranking of Proposals, and recommendation for award of Contract may result in the rejection of the Consultants’ Proposal.

11. Any requests for clarification should be addressed to:

10 Caledonia Avenue

Kingston 5 Jamaica W.I.

Tel: (876) 754-7540 ext. 2442; Fax:(876) 754-7594

Website: www.nepa.gov.jm e-mail: [email protected]

Attention: MR. GERVAISE MCLEOD, MANAGER – HR BRANCH

12. Any reply that NEPA gives to any query concerning this assignment may be copied to all parties invited to submit proposals.

13. Evaluation Criteria

The Evaluation Committee will evaluate the technical proposal on the basis of its responsiveness to the TOR, and will be based on the following criteria which will be marked on a scale of 1 to 100: Min. Points Max Points Consultant’s Specific Experience 10 20 Adequacy of the Technical proposal outlining Methodology and Workplan 15 40 Qualifications & competence of key staff 15 20 Indication of availability for job 0 20

Total 50 100

The weight for quality will be 80 and 20 to price. The Evaluation Committee will divide these criteria into sub-criteria as required. A proposal shall be considered non-responsive if it does not substantially satisfy the TOR, or if it fails to achieve the minimum points.

14. In case of QCBS, the lowest evaluated Financial Proposal (Fm) will be given the maximum financial score (Sf) of 100 points. The financial scores (Sf) of the other Financial Proposals will be computed as indicated in the Data Sheet. Proposals will be ranked according to their combined technical (St) and financial (Sf) scores using the weights (T = the weight given to the Technical Proposal; P = the weight given to the Financial Proposal; T + P = 1) indicated in the Data Sheet: S = St x T% + Sf x P%. The firm/individual achieving the highest combined technical and financial score will be invited for negotiations.


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15. Data Sheet Paragraph Reference

1.1

Name of the Procuring Entity: National Environment & Planning Agency (NEPA) Method of selection: Quality and Cost Based Selection (QCBS) Process

1.2 Financial Proposal to be submitted together with Technical Proposal: Yes √_ No Name of the assignment is: Environmental Monitoring of the Construction of Falmouth Cruise Ship Pier

1.3 A pre-proposal conference will be held: Yes ___ No √_

1.4 The Procuring Entity will provide the following inputs and facilities: • Copies of all necessary Permits and Licences for the Development • 24hr Access to a Boat for Monitoring

1.6.1 (a) The Procuring Entity envisages the need for continuity for downstream work: Yes No √_

1.12

Proposals must remain valid 60 days after the submission date

3.3 (b)

The estimated number of professional staff-months required for the assignment is:

Twelve (12)

3.7 Amounts payable by the Procuring Entity to the Consultant under the contract to be subject to local taxation: Yes √_ No .

The Consultant shall pay such taxes, duties, fees, and other impositions as may be levied on it under the applicable law.

3.8

Consultant to state local cost in the national currency: Yes √_ No .

4.3

Consultant must submit the original and 3 copies of the Technical and Price Proposals

7.2 Expected date for commencement of consulting services

October 6, 2009 at Falmouth Cruise Ship Pier Construction Site, Trelawny


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Section 3: Technical Proposal - Standard Forms

FORM TECH-1 TECHNICAL PROPOSAL SUBMISSION FORM

[Location, Date] To: [Name and address of Procuring Entity] Dear Sirs: We, the undersigned, offer to provide the consulting services for [Insert title of assignment] in accordance with your Request for Proposal dated [Insert Date] and our Proposal. We are hereby submitting our Proposal, which includes this Technical Proposal, and a Financial Proposal sealed under a separate envelope1. We are submitting our Proposal in association with: [Insert a list with full name and address of each associated Consultant]2 We hereby declare that all the information and statements made in this Proposal are true and accept that any misinterpretation contained in it may lead to our disqualification. If negotiations are held during the period of validity of the Proposal, i.e., before the date indicated in Paragraph Reference 1.12 of the Data Sheet, we undertake to negotiate on the basis of the proposed staff. Our Proposal is binding upon us and subject to the modifications resulting from Contract negotiations. We undertake, if our Proposal is accepted, to initiate the consulting services related to the assignment not later than the date indicated in Paragraph Reference 7.2 of the Data Sheet. We understand you are not bound to accept any Proposal you receive. We remain, Yours sincerely, Authorized Signature [In full and initials]: Name and Title of Signatory: Name of Firm/individual: Address: 1 [In case Paragraph Reference 1.2 of the Data Sheet requires to submit a Technical Proposal only, replace this sentence with:

“We are hereby submitting our Proposal, which includes this Technical Proposal only.”] 2 [Delete in case no association is foreseen.]


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FORM TECH-2 CONSULTANT’S ORGANIZATION AND EXPERIENCE

A - Consultant’s Organization [Provide here a brief (two pages) description of the background and organization of your firm/entity and each associate for this assignment.]


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B - Consultant’s Experience [Using the format below, provide information on each assignment for which your firm/entity, and each associate for this assignment, was legally contracted either individually as a corporate entity or as one of the major companies within an association, for carrying out consulting services similar to the ones requested under this assignment. Use 20 pages.]

Assignment name:

Approx. value of the contract (in current US$ or Euro):

Country: Location within country:

Duration of assignment (months):

Name of Procuring Entity:

Total No of staff-months of the assignment:

Address:

Approx. value of the services provided by your firm/entity under the contract (in current US$ or Euro):

Start date (month/year): Completion date (month/year):

No of professional staff-months provided by associated Consultants:

Name of associated Consultants, if any:

Name of senior professional staff of your firm/entity involved and functions performed (indicate most significant profiles such as Project Director/Coordinator, Team Leader):

Narrative description of Project: Description of actual services provided by your staff within the assignment:

Firm’s/Entity’s Name:


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FORM TECH-4 DESCRIPTION OF APPROACH, METHODOLOGY AND WORK PLAN FOR PERFORMING THE ASSIGNMENT

(For small or very simple assignments the Procuring Entity should omit the following text in Italic) [Technical approach, methodology and work plan are key components of the Technical Proposal. You are suggested to present your Technical Proposal (50 pages, inclusive of charts and diagrams) divided into the following three chapters: a) Technical Approach and Methodology, b) Work Plan, and c) Organization and Staffing, a) Technical Approach and Methodology. In this chapter you should explain your understanding of the objectives of the assignment, approach to the services, methodology for carrying out the activities and obtaining the expected output, and the degree of detail of such output. You should highlight the problems being addressed and their importance, and explain the technical approach you would adopt to address them. You should also explain the methodologies you propose to adopt and highlight the compatibility of those methodologies with the proposed approach. b) Work Plan. In this chapter you should propose the main activities of the assignment, their content and duration, phasing and interrelations, milestones (including interim approvals by the Procuring Entity), and delivery dates of the reports. The proposed work plan should be consistent with the technical approach and methodology, showing understanding of the TOR and ability to translate them into a feasible working plan. A list of the final documents, including reports, drawings, and tables to be delivered as final output, should be included here. The work plan should be consistent with the Work Schedule of Form TECH-8. c) Organization and Staffing. In this chapter you should propose the structure and composition of your team. You should list the main disciplines of the assignment, the key expert responsible, and proposed technical and support staff.]


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FORM TECH-5 TEAM COMPOSITION AND TASK ASSIGNMENTS

Professional Staff

Name of Staff Firm Area of Expertise Position Assigned Task Assigned


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FORM TECH-6 CURRICULUM VITAE (CV) FOR PROPOSED PROFESSIONAL STAFF

1. Proposed Position [only one candidate shall be nominated for each position]: 2. Name of Firm [Insert name of firm proposing the staff]: 3. Name of Staff [Insert full name]: 4. Date of Birth: Nationality: 5. Education [Indicate college/university and other specialized education of staff member, giving names

of institutions, degrees obtained, and dates of obtainment]: 6. Membership of Professional Associations: 7. Other Training [Indicate significant training since degrees under 5 - Education were obtained]: 8. Countries of Work Experience: [List countries where staff has worked in the last ten years]: 9. Languages [For each language indicate proficiency: good, fair, or poor in speaking, reading, and

writing]: 10. Employment Record [Starting with present position, list in reverse order every employment held by

staff member since graduation, giving for each employment (see format here below): dates of employment, name of employing organization, positions held.]:

From [Year]: To [Year]: Employer: Positions held: 11. Detailed Tasks Assigned

[List all tasks to be performed under this assignment]

12. Work Undertaken that Best Illustrates Capability to Handle the Tasks Assigned [Among the assignments in which the staff has been involved, indicate the following information for those assignments that best illustrate staff capability to handle the tasks listed under point 11.]


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Name of assignment or project: Year: Location: Procuring Entity: Main project features: Positions held: Activities performed:

13. Certification: I, the undersigned, certify that to the best of my knowledge and belief, this CV correctly describes myself, my qualifications, and my experience. I understand that any wilful misstatement described herein may lead to my disqualification or dismissal, if engaged. Date: [Signature of staff member or authorized representative of the staff] Day/Month/Year Full name of authorized representative


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FORM TECH-7 STAFFING SCHEDULE1

Staff input (in the form of a bar chart)2 Total staff-month input N° Name of Staff

1 2 3 4 5 6 7 8 9 10 11 12 n Home Field3 Total Foreign

[Home] 1 [Field]

2

3

n

Subtotal Local

[Home] 1 [Field]

2 n

Subtotal Total

1 For Professional Staff the input should be indicated individually; for Support Staff it should be indicated by category (e.g.: draftsmen, clerical staff, etc.). 2 Months are counted from the start of the assignment. For each staff indicate separately staff input for home and field work. 3 Field work means work carried out at a place other than the Consultant's home office. Full time input Part time input


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FORM TECH-8 WORK SCHEDULE

Months2

N° Activity1 1 2 3 4 5 6 7 8 9 10 11 12 n

1 2 3 4 5

N 1 Indicate all main activities of the assignment, including delivery of reports (e.g.: inception, interim, and final reports), and other benchmarks such as Procuring Entity

approvals. For phased assignments indicate activities, delivery of reports, and benchmarks separately for each phase. 2 Duration of activities shall be indicated in the form of a bar chart.


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Section 4. Price Proposal - Standard Forms

[Comments in brackets [ ] provide guidance to the Consultants for the preparation of their Financial Proposals; they should not appear on the Financial Proposals to be submitted.] Financial Proposal Standard Forms shall be used for the preparation of the Financial Proposal according to the instructions provided under para. 3.6 of Section 2. Such Forms are to be used whichever is the selection method indicated in para. 4 of the Letter of Invitation. FIN-1 Financial Proposal Submission Form FIN-2 Summary of Costs FIN-3 Breakdown of Costs by Activity FIN-4 Breakdown of Remuneration FIN-5 Reimbursable expenses


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FORM FIN-1 PRICE PROPOSAL SUBMISSION FORM

[Location, Date] To: [Name and address of Procuring Entity] Dear Sirs: We, the undersigned, offer to provide the consulting services for [Insert title of assignment] in accordance with your Request for Proposal dated [Insert Date] and our Technical Proposal. Our attached Price Proposal is for the sum of [Insert amount(s) in words and figures1]. Our Price Proposal shall be binding upon us subject to the modifications resulting from Contract negotiations, up to expiration of the validity period of the Proposal, i.e. before the date indicated in Paragraph Reference 1.12 of the Data Sheet. Commissions and gratuities paid or to be paid by us to agents relating to this Proposal and Contract execution, if we are awarded the Contract, are listed below2: Name and Address Amount and Purpose of Commission of Agents Currency or Gratuity We understand you are not bound to accept any Proposal you receive. We remain, Yours sincerely, Authorized Signature [In full and initials]: Name and Title of Signatory: Name of Firm: Address: 1 Amounts must coincide with the ones indicated under Total Cost of Financial proposal in Form FIN-2. 2 If applicable, replace this paragraph with: “No commissions or gratuities have been or are to paid by us to agents relating to this Proposal and Contract execution.”


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FORM FIN-2 SUMMARY OF COSTS

Costs

Item [Indicate Foreign Currency # 1]1

[Indicate Foreign Currency # 2]1


[Indicate Local Currency]

Total Costs of Financial Proposal 2

1 Indicate between brackets the name of the foreign currency. Maximum of three currencies; use as many columns as needed, and delete the others. 2 Indicate the total costs, net of local taxes, to be paid by the Procuring Entity in each currency. Such total costs must coincide with the sum of the relevant Subtotals indicated

in all Forms FIN-3 provided with the Proposal.


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FORM FIN-3 BREAKDOWN OF COSTS BY ACTIVITY1

Group of Activities (Phase):2

Description:3

Costs Cost component [Indicate Foreign

Currency # 1]4 [Indicate Foreign Currency # 2]4


[Indicate Local Currency]

Remuneration5 Reimbursable Expenses 5 Subtotals

1 Form FIN-3 shall be filled at least for the whole assignment. In case some of the activities require different modes of billing and payment (e.g.: the assignment is phased, and

each phase has a different payment schedule), the Consultant shall fill a separate Form FIN-3 for each group of activities. For each currency, the sum of the relevant Subtotals of all Forms FIN-3 provided must coincide with the Total Costs of Financial Proposal indicated in Form FIN-2.

2 Names of activities (phase) should be the same as, or correspond to the ones indicated in the second column of Form TECH-8. 3 Short description of the activities whose cost breakdown is provided in this Form. 4 Indicate between brackets the name of the foreign currency. Use the same columns and currencies of Form FIN-2. 5 For each currency, Remuneration and Reimbursable Expenses must respectively coincide with relevant Total Costs indicated in Forms FIN-4, and FIN-5.


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FORM FIN-4 BREAKDOWN OF REMUNERATION1 Group of Activities (Phase):

Name2 Position3 Staff-month

Rate4 Input5

(Staff-months) [Indicate Foreign Currency # 1]6



[Indicate Local Currency]6

Foreign Staff [Home] [Field]

Local Staff [Home] [Field]

Total Costs 1 Form FIN-4 shall be filled for each of the Forms FIN-3 provided. 2 Professional Staff should be indicated individually; Support Staff should be indicated per category (e.g.: draftsmen, clerical staff). 3 Positions of Professional Staff shall coincide with the ones indicated in Form TECH-5. 4 Indicate separately staff-month rate and currency for home and field work. 5 Indicate, separately for home and field work, the total expected input of staff for carrying out the group of activities or phase indicated in the Form. 6 Indicate between brackets the name of the foreign currency. Use the same columns and currencies of Form FIN-2. For each staff indicate the remuneration in the column of the relevant currency, separately for home and field work. Remuneration = Staff-month Rate x Input.


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FORM FIN-5 BREAKDOWN OF REIMBURSABLE EXPENSES1

Group of Activities (Phase):

N° Description2 Unit Unit Cost3 Quantity [Indicate Foreign Currency # 1]4



[Indicate Local Currency]4

Total Costs

1 Form FIN-5 should be filled for each of the Forms FIN-3 provided, if needed. 2 Delete items that are not applicable or add other items according to Paragraph Reference 3.6 of the Data Sheet. 3 Indicate unit cost and currency. 4 Indicate between brackets the name of the foreign currency. Use the same columns and currencies of Form FIN-2. Indicate the cost of each reimbursable item in the column

of the relevant currency. Cost = Unit Cost x Quantity. 5 Indicate route of each flight, and if the trip is one- or two-ways. 6 Only if the training is a major component of the assignment, defined as such in the TOR


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Section 5: Terms of Reference 1.0 BACKGROUND

1.1 The Port Authority of Jamaica proposes to develop a cruise ship pier at Falmouth in the Parish of Trelawny. The project envisions the development of berthing facilities, including dredging of the existing channel through offshore reefs, as well as the development of landside facilities required to handle the volume of cruise ship passengers disembarking during the vessels stay in the town.

1.2 Port dredging and coastal development often impact upon reef habitats and possibly carry with

them an inherent risk of further degradation of coastal ecosystems. Such negative impacts are a major concern to Jamaican coastal areas where the reefs are already stressed from a number of anthropogenic and natural threats including uncontrolled/inappropriate coastal development, excessive nutrient loading from sewage and fertilizer runoff, over fishing, recreational misuse related to tourism, anchor damage, as well as hurricanes, diseases affecting corals and urchins and repeated bleaching events.

1.3 The ship channel will be deepened to 12m. Deepening of the channel and the resulting

changes to the bathymetry in the channel and the harbour, may alter current patterns in and out of the harbour. Changes in current speeds, directions and patterns of flow could contribute to changing the flushing rate and the water chemistry of the bay thus altering the conditions necessary to maintaining the distinctive composition of the phytoplankton community and the associated bioluminescence unique to Oyster Bay.

1.4 The coastal development works to be done for the installation of this Cruise Ship Pier will have

impacts on the coastal ecosystem of the area. It is estimated that there will be a loss of 20acres of seagrass, a loss of 4-5 acres of coral reef cover and coastal reclamation resulting from an infilling of 8 hectares of mangrove wetland. In addition, there will be relocation of live coral heads, replanting of seagrass beds ((around the island) and construction of artificial reefs within the vicinity of the pier.

1.5 The development requires a series of Environmental Permits, Beach Licences and Planning

Permissions, which will all have specific conditions to mitigate against severe loss of habitat and biodiversity.

2.0 OBJECTIVES

The objective of the consultancy is to conduct meticulous monitoring of the development according to the specific conditions outlined in the Permits and Licences and Planning Approvals which have been and will be issued. Another objective would be to assist in the completion of the preparation of guidelines for the removal, relocation and replanting of Seagrasses, Coral Reefs and Mangroves; and to prepare guidelines for the monitoring of the removal, storage and disposal of marine dredged works.


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3.0 CHARACTERISTICS

Type of Consultancy: Individuals/Firm Duration: Twelve months Level of effort: 240 days

4.0 SCOPE OF WORK The Environmental Monitoring Consultants are expected to provide full time monitoring of the construction site inclusive of weekends and holidays in order to ensure that environmental regulations/codes are strictly adhered to and that where violations occur, swift enforcement measures are taken.. The monitoring will cover the pre-, during- and post-construction activities at the Falmouth Pier. 4.1 Specifically, the Consultants will carry out the following tasks:

a. Review the permits, licenses and planning permission to familiarize self with the technical and

other requirements. b. Outline an environmental monitoring framework for the pre-construction, construction, and

post-construction phases of the activities at the Falmouth Pier. c. Coordinate the environmental monitoring of the Falmouth Cruise Ship Pier development

against the conditions of approval in the permits and licences granted by NEPA, as well as any mitigating measures identified in the Environmental Impact Assessment prepared by Mott McDonald Consultancy.

d. Conduct regular site visits, both scheduled and unscheduled to the facilities. The Consultants

should monitor for, inter alia: i. Turbidity and Sediment Dispersal caused by Dredging and Construction activities ii. Impacts of dredging on Vegetation and Avifauna, iii. Change in Drainage Patterns and Resulting Impacts on Marine Ecology, iv. Change in Current Patterns and the impact of the development on the

bioluminescence v. Air Quality and Noise Pollution, vi. Transportation and Storage of Construction Materials, vii. Disposal of Construction Debris and Dredged Material, viii. Sewage and Garbage Disposal, ix. Availability of Potable Water during both the construction and operational phases

of the development, and x. Water Quality Impact Mitigation xi. Adherence to the dredging and landfill boundaries xii. Adherence to approved plans xiii. Seagrass replanting activities xiv. Coral removal and relocation xv. Mangrove removal and relocation and/or replanting

e. Prepare and submit weekly environmental monitoring reports


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f. Evaluate and investigate reports of alleged and detected breaches of environmental and planning acts and regulations, and conduct further investigation where necessary

g. Assist with the development of an Operations Procedures & Guidelines Manual for post-permit

enforcement monitoring of the Removal, Storage and Disposal of Marine Dredged Works h. Coordinate and monitor the submission of compliance reports by the Contractors

i. Collaborate with the relevant Divisions and Branches of NEPA, and with Public and Private

Sector Agencies, for the execution of investigations as required. j. Initiate the application of stipulated sanctions in cases of breaches.

k. Take/write statements in support of environmental issues to facilitate legal action.

l. Collaborate with the Public Education & Corporate Communications Branch of NEPA

regarding the delivery of public education and community outreach programmes related to the monitoring of the development and to compliance/non-compliance issues.

5.0 EXPECTED OUTPUTS The Consultant is expected to submit the following: (i) Inception Report: This report should be submitted about two (2) weeks after the commencement

date. Any major inconsistency in the TOR, staffing problems, or deficiency in the Procuring Entity assistance that have become apparent during this period should be included. This report should include the re-worked Workplan outlining the details of the work to be done and the respective team member responsible for particular activities.

(ii) Monitoring Framework for the Falmouth Pier: This framework will outline the general monitoring

approach and regime and will take into consideration the phasing of the development activities as outlined in the Port Authority’s Development Workplan And the initial and subsequent permits, licences and planning approvals.

(iii) Weekly Progress Reports: These reports will contain details that will keep NEPA regularly informed

about the progress of the assignment. The reports should summarize the weekly activities carried out by the proponent, indications of environmental mitigation measures for the construction of the pier, indication of and outcomes of any sanctions carried out and provide warnings of anticipated problems. The progress reports may include a bar chart showing details of progress and any changes in the assignment schedule. Photographs are a quick and easy way of conveying the status of a project, and their use in progress reports is encouraged.

(iv) Final Report: The final report is due at the completion of the assignment. This report will include, inter

alia, a summary of activities carried out by the proponent, summarized environmental mitigation measures for the construction of the pier, final outcomes of any sanctions carried out and an indication of lessons learnt/recommendations.


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(v) Operations Procedures & Guidelines Manual for post-permit enforcement monitoring of the Removal, Storage and Disposal of Marine Dredged Works of maintenance and capital dredging works

(vi) Revised Guideline documents for the removal, relocation and replanting of 1. Seagrasses; 2. Coral

Reefs; and 3. Mangroves. 6.0 QUALIFICATIONS:

The Firm/Entity should have officers who are highly motivated and capable for working independently. Ability to work with a wide variety of people from governments, agencies, NGOs, and research institutions is essential. A good grasp of issues related to climate change, coastal ecosystems and coastal zone management is essential. The consortia should consist of persons with the following KEY COMPETENCIES: Technical/Scientific Expertise

• Environmental Officers (with experience in monitoring development projects including resource relocation/replanting and established operational environmental safeguards)

• Environmental/Civil/Coastal Engineer • Architect/Planner • SCUBA Divers (possessing a Certificate of competence in SCUBA diving and Three

years diving experience or 300+ dives) • A Coxswain

General • Good Interpersonal Skills • Good planning, organizing and problem solving skills • Excellent investigative skills • Sound knowledge of local and international environmental management issues • Ability to effectively communicate at all levels • Excellent knowledge of environmental issues • Competence in the use of relevant computer programmes.

WORK ENVIRONMENT

• Extensive field environment and typical office environment • Exposure to unsafe/unhealthy environments, chemicals from site visits. • Exposure to dangerous environments such as diving in areas where development

activities are ongoing • Occasional exposure to hostile and insecure situations during site inspections

7.0 REPORTING RELATIONSHIP The Firm/Entity will report to the Chief Executive Officer (Acting) of NEPA, with oversight provided by the Manager – Enforcement branch, and direct supervision by the Coordinator of the Western Enforcement Region.


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Section 6: TYPICAL FORM OF CONTRACT

CONTRACT FOR

THE SERVICES OF [Insert]

THIS AGREEMENT is made on the _____ Day of _________ 2008 1. Parties

The Chief Executive Officer of the NATIONAL ENVIRONMENT AND PLANNING AGENCY (hereinafter referred to as the “Client”) whose address for service within the jurisdiction of the courts of (Jamaica) is 10 Caledonia Avenue, Kingston 5.

and

____________ (hereinafter referred to as the “Consultant”) whose registered office or principal place of business is at ___________________________________.

2. Recital

The purpose of this Contract is to ______________________as per the scope of work further defined in the Terms of Reference set out in the Annex I.

3. Definitions

The following terms shall have the following meanings:

3.1 Commencement date: __________________ 3.2 Duration: _____________________________ 3.3 Level of Effort: _________________________

3.3 ‘Terms of Reference’: the scope of work, provisions and information as set out in

Annex 1 that shall be incorporated into this Contract in its entirety.

4. Appointment

The Client engages the services of the Consultant to undertake the tasks, functions and duties set out in the attached Terms of Reference. The rights and obligations of the Consultant are limited to the terms and conditions of this Contract.


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5. Coming into Force This Agreement shall come into force on the date herein; and it shall remain into force until either party has fulfilled all its obligation under the Agreement.

6. The Consultant’s Obligations

6.1 To perform all the tasks, functions and duties as specified in the Terms of Reference.

6.2 During the term of this Contract, the Consultant shall devote such of his time,

attention and abilities to the Client’s business as is required to perform the tasks, functions and duties set out in this Contract according to the schedule specified in the Terms of Reference.

6.3 The Consultant is an independent contractor for the purposes of this Contract;

nothing contained herein shall be construed as establishing a relationship of employer and employee as between the Client and the Consultant. Subject to this Contract, the Consultant shall be deemed to have complete charge of his employees, agents, and assignees performing the tasks, duties and functions under this Contract and shall be fully responsible for the performance of these tasks, duties and functions.

6.4 The Consultant shall pay such taxes, duties, fees, and other impositions as may

be levied on it under the applicable law. 6.5 The Consultant shall present to the Client, at the time of contract award or signing

of contract, a valid Tax Compliance Certificate. 6.6 The Consultant shall not have the right to any benefit, payment, subsidy,

remuneration, compensation or pension from the Client that has not been specified and expressly established in this Contract.

7. The Client’s Obligations in Terms of Payment

7.1 In consideration of the services to be rendered by the Consultant under this Contract the Client shall pay to the Consultant in Jamaican dollars, a remuneration fee of ____________Jamaican Dollars (J$ _____________), to be paid as follows according to the Consultant’s activity schedule and Deliverables as outlined in the Terms of Reference: ______________

7.2 Without prejudice to any other provision in this Contract, all payments due and owing to the Consultant shall be in Jamaican dollars calculated at the rate of exchange existing on the date on the invoice.


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7.3 Upon the submission of invoices and upon the approval of the Director – Strategic Planning, Policies and Projects Division of NEPA, the Client hereby agrees to pay to the Consultant all sums due within fourteen (14) working days of receipt of the invoice.

7.4 Invoices will be submitted to the Client based on the payment schedule outlined in

Section 7.1. Invoices and Reports from the Consultant or queries concerning invoices and payments should be directed to the Director – Strategic Planning, Policies and Projects Division, 10 Caledonia Avenue, Kingston 5, Jamaica.

Invoices should indicate the following information:

• Consultants name, address, telephone number and fax number • Deliverable for which invoice is being submitted • Details of reimbursable expenses and corresponding original receipts

(where applicable) • Payment Instructions, i.e. to whom the cheque should be made payable;

or wire transfer information • Consultants signature

8. Termination of Service

This agreement may be terminated before the expiry date by either side giving fourteen (14) day’s notice in writing. The Client in its sole discretion and for any reason whatsoever may terminate this agreement immediately, with payment in lieu of notice

8.1 Termination for Breach If the Consultant shall be guilty of any serious misconduct or any serious breach or non-observance of any of the Conditions of this Agreement or shall neglect or fail or refuse to carry out the duties assigned to him under it, the Client shall be entitled to terminate this Contract without notice and without any payment in lieu of notice.

8.2 Termination Consequence

In the event that the Contract is terminated, the Client shall be liable for services rendered less any sums owed by the Consultant to the Client in respect of any breach of this Contract.

8.2.1 The parties shall be entitled to exercise any one or more of the rights and remedies provided for in this agreement.


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9. Delivery up of Documents on Termination

The Consultant or their personal representatives shall, upon the completion or termination of the Contract, deliver up on demand to the Client all reports, correspondence, other documents, or property belonging to the Client that may be in their possession or under their control.

10. Confidentiality

The information contained in the reports from the assignment is the exclusive property of the Client and should not be used for the benefit of the Consultant, employees and sub-Consultants without prior permission from the Client. The Consultant shall keep all such information strictly confidential. This term shall survive the expiry or termination of this Agreement.

11. Provision of Information

The Client undertakes to provide to the Consultant such information as is reasonably within the Client’s capacity to provide in order to enable the Consultant to perform his services effectively.

12. Indemnification

The Consultant shall indemnify the Client against all claims, demands, losses, costs, damages, suits or other proceedings, by whomsoever made, brought or prosecuted, in any manner based upon, arising out of, related to, occasioned by, or attributable to the activities of the Consultant in performing the work under the Contract.

13. Conflict of Interest

The Consultant shall not engage, directly or indirectly, in any business or professional activity that would conflict with the performance of his obligations under this Contract.

14. Supersedes Prior Agreements

This Contract supersedes any prior agreement between the parties whether written or oral and any such prior agreements are cancelled as at the Commencement Date but without prejudice to any rights which have already accrued to either of the parties.

15. Authority to Contract

Each of the parties warrants that it has the authority and power to enter into this Contract and has obtained all necessary approvals to do so.


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16. Force Majeure

Both parties shall be released from their respective obligations in the event of national emergency, war, prohibitive governmental regulation or if any other cause beyond the reasonable control of the parties or either of them renders the performance of this contract impossible whereupon all fees and approved expenses due under this contract shall be paid immediately.

17. Severance

If any provision of this Contract is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable or indications to that effect are received by either of the parties from any competent authority, the parties shall amend that provision in such reasonable manner as achieves the intention of the parties without illegality or at the discretion of the Client it may be severed from this contract and the remaining provisions of this contract shall remain in full force and effect unless the Client in the Client’s discretion decides that the effect of such declaration is to defeat the original intention of the parties in which event the Client shall be entitled to terminate this contract on notice in writing to the Consultant.

18. Whole Agreement

Each party acknowledges that this Contract, including the Terms of Reference, contains the whole agreement between the parties and that it has not relied upon any oral or written representation made to it by the other or its employees or agents.

19. Change of Address

Each of the parties shall give notice to the other of the change of any address, telephone, fax, telex or similar number at the earliest possible opportunity, but in any event within forty-eight (48) hours of such change.

20. Notices

Notices to be served on either of the parties under this agreement may be hand delivered, sent by prepaid recorded delivery or registered post or by telex or by fax, supported by the original document or by electronic mail and shall be deemed to have been received by the addressee within five (5) working days of posting or twenty-four (24) hours if sent by telex or by electronic mail to the correct telex number (with correct answer back) or correct fax number or electronic mail number of the addressee.

21. Headings

Headings contained in this Contract are for reference purposes only, are not part of this Contract and shall not be deemed to be any indication of the meaning of the clauses to which they relate.


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22. Joint and Several

All Contracts on the part of either of the parties, which comprise more than one person or entity, shall be joint and several and the neuter singular gender throughout this Contract shall include all genders.

23. Proper Law and Jurisdiction

23.1 This Contract shall be governed by Jamaican law in every particular including formation and interpretation and shall be deemed to have been made in Jamaica.

23.2 Any proceedings arising out of or in connection with this Contract may be brought in

any court of competent jurisdiction in Jamaica. 24. Rights Cumulative

All rights granted to either of the parties shall be cumulative and no exercise by either of the parties of any right under this Contract shall restrict or prejudice the exercise of any other right granted by this Contract or otherwise available to it.

25. Survival of Terms

No term shall survive expiry or termination of this Contract unless expressly provided. 26. Extension of Time

If the Client thinks fit by subsequent agreement, this Contract Period may be extended to any period agreed to by both parties.

27. Waiver

The failure by either party to enforce at any time or for any period any one or more of the terms or conditions of this Contract shall not be a waiver of them or of the right at any time subsequently to enforce all terms and conditions of this Contract.

28. Amendment

This contract may be amended in writing by the agreement of both parties, and any such amendment shall be read as one with this contract.

29. Copyright


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Reports, including information therein, prepared pursuant to this Contract are the exclusive property of the Client. If at any time during the performance of this Contract, the Consultant, whether alone or with any other person, originates any design, whether registrable or not, or other work in which copyright may subsist it shall promptly disclose it to the Client and at the request and expense of the Client do all things necessary or desirable to substantiate the rights of the Client in relation to such design or other work.

30. Language of Work

All work carried out pursuant to this Contract, including the preparation of documents, notices and written communications, shall be conducted in the English language.

31. Arbitration

All disputes or differences which shall at any time arise between the parties whether during the Term or afterwards touching or concerning this agreement or its construction or effect of the rights duties or liabilities of the parties under or by virtue of it or otherwise or any other matter in any way connected with or arising out of the subject matter of this agreement shall be referred to a single arbitrator to be agreed upon by the parties.

Signed by: ________________________________ Date: ______________ Consultant Signed by:_____________________________ Date: ________________ Mr. Peter Knight Chief Executive Officer (Acting) National Environment and Planning Agency


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ANNEX I of Contract

[Insert TERMS OF REFERENCE]

[This is a Blank Page]