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									                                                                     ANNEX 5.6.1

                               TERMS OF REFERENCE

                       FOR A FEASIBILITY STUDY FOR

         REOPENING THE SHIRE-ZAMBEZI WATERWAY


1.0     BACKGROUND

The Shire - Zambezi waterway was successfully used as a transport waterway by
explorers and missionaries to Malawi a century and a half ago. During that time,
the port of call in Malawi was in Nsanje District formerly known as Port Herald
along the Shire River. As recent as 1970, Mawtam Ltd operated a barge service
transporting molasses from Chiromo in Malawi to Chinde on the coast of the
Indian Ocean in Mozambique. This operation was disrupted by the war in
Mozambique from early 1970s.

In 2006 a pre-feasibility study was conducted and an aerial survey of the Shire and
Zambezi Rivers. The results indicated that the rivers are navigable but require
further studies to chart the navigation channel and develop waterway
infrastructure.

At continental level, the New Partnership for Africa’s Development (NEPAD) has
identified infrastructure development as one of the major pillars for economic
growth and poverty reduction in Africa. The importance accorded to infrastructure
in the NEPAD agenda reflects the promotion of regional integration in Africa to
overcome the problem of lack of economies of scale and to reduce Africa’s
economic marginalisation.

At regional level, the Southern African Development Community (SADC) and the
Common Market for Eastern and Southern Africa (COMESA) are implementing a
number of programmes aiming at enhancing interconnectivity and promoting
integration through trade and investment. SADC has particularly recognized
Spatial Development Initiatives (SDIs) as an effective way of unlocking the wealth
of the region. The SDIs which are becoming a building block in the implementation
of NEPAD and Millennium Development Goals (MDGs) involve independent
groups of countries that are not linked at continental level.

In the context of the above and in conformity with the National Transport Policy,
Malawi Government supports a project that entail re-opening of the Shire and
Zambezi Rivers to navigation in order to provide a direct waterway transport
system between Nsanje in Malawi and the port of Chinde at the mouth of Zambezi
on the Indian Ocean or to Beira, south of the Zambezi mouth. River distances are



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Waterway                                   Lengths     in Lengths    in Total            length
                                           Malawi (km)    Mozambique    (km)
                                                          (km)

Shire from Nsanje downstream 31 km                                93 km         124 km
to confluence with Zambezi

Zambezi from Shire confluence Not applicable                      201 km        201 km
to Chinde/Zambezi mouth

Indian Ocean from Chinde Port Not applicable                      Approx.   250 250 km
to Beira Port                                                     km

A national extension from Nsanje upstream to Chikwawa would add another 165
km to the waterway, for smaller transportation units.

Undertaking a comprehensive Feasibility Study of the Shire-Zambezi Waterway
Project in terms of technical, economic, social and environmental viability is the
subject of these Terms of Reference. Due to the present lack of hydrologic,
technical and environmental data on the fluvial systems of the Shire and Zambezi
River and the surrounding wetlands, the Study shall be conducted in two phases,
i.e. a survey phase for data collection and a study phase for a comprehensive
assessment of the project viability.


2.0     DESCRIPTION OF THE ASSIGNMENT


Global objective

The overall objective of the assignment is to propose a detailed working concept
for safe navigation on the Shire in Malawi as well as on the Shire-Zambezi
Waterway and to demonstrate its technical, economical, social and environmental
viability.


Specific objective(s)

PHASE “A”: Detailed Survey of the Project Area

This phase shall serve to collect data to the most possible extent and to provide
detailed technical planning parameter elaborated on the results of the field surveys
and laboratory works conducted in this phase for the succeeding Study Phase.


PHASE “B”: Study Phase




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This phase shall serve to establish the viability of the Shire waterway and the
Shire-Zambezi Waterway Project by conducting detailed studies under
consideration of all relevant technical, operational, legal, economic, social and
environmental aspects of the Project and to propose a detailed working concept
for the operation and maintenance of the waterway and its ports and landing
stations. For the Shire-Zambezi Waterway, bilateral administration aspects shall
be included. The studies shall also determine detailed working concepts with
regard to the shipping operation and the river training measures and vessel types
to be applied and shall demonstrate the technical and economical viability of the
proposed concept.


Requested services

PHASE “A”:

    1. Collect river flow data of both, the Shire and the Zambezi, downstream of
       the confluence with the Shire, with regard to water levels (their peaks,
       annual and seasonal variations) and the related discharge quantities of the
       Shire and Zambezi River from relevant sources in Malawi and Mozambique,
       compile the data in tables and graphs and summarize the results in a form
       adequate to serve as detailed planning criteria for the design of a safe and
       navigable waterway. Include possible influence of barrages/hydro power
       plants.

    2. Install gauges at selected river sections, carry out flow measures especially
       at the end of the dry season and during season with high water levels and
       establish water level – flow relationship.

    3. Conduct at the end of the dry season a combined bathymetric and
       hydrographic survey of the Shire and the Zambezi from Chikwawa to
       Chinde to accurately determine the existing channel width and depth
       throughout the waterway. The survey shall be repeated at the end of the
       rainy season by conducting spot checks at pre-selected locations enabling
       a direct comparison with the cross sections measured at the end of the dry
       season for the establishment of seasonal river bed variations and possible
       sedimentation rates. The survey shall also establish current data to be
       continuously measured over one full year by gauges installed at significant
       cross sections of both rivers.

    4. The survey shall also determine the extent of water hyacinths narrowing or
       blocking the waterway and the volume of plants being transported in
       respective stretches of the waterway.

    5. Subsoil Investigation and Topographic Survey of the areas proposed in the
       Prefeasibility Study for the development of Nsanje and Chinde Port and the
       potential landing sites proposed at Chikwawa, Nchalo, Chiromo, at selected
       locations between Bangula and Nsanje where established trade routes




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        would justify a landing site, at Megaza, Chipanga, Chindio, Caia ferry
        crossing, Mopeia, Marromeu/Valente and Luabo.

    6. Establish by field survey and design review the clearance (airdraft and
       width) of all bridges (existing at Chikwawa and Chiromo and planned to be
       constructed at Chipanga) and electricity lines, if any, in the course of the
       waterway.

    7. Conduct a comprehensive environmental survey of the Project area in
       accordance with the requirements and guidelines of the Ministries of
       Environment in Malawi and Mozambique.


PHASE “B”

The first component of the services will be to review earlier studies and to collect
and analyse data and design parameters established as a result of the phase A
surveys.

The second component will be the detailed proposal of viable working concepts for
both, the design, construction, operation, maintenance and bilateral administration
of the waterway and its ports and landing stations as well as the shipping
operation and the vessel types to be applied.

A technical analysis shall be carried out, establishing the scope of work to be
implemented for river training measures to create the inland waterway, for the
construction of ports and landing sites and the scope of works required to maintain
the components operational, looking into the investment and maintenance costs,
operation costs and the potential risks involved in construction and maintenance of
a safe and navigable waterway. The technical analysis shall include an
assessment of available vessel designs, appropriate for the proposed type of river
transportation and shall ultimately recommend a viable transportation concept in
detail.

An operational analysis shall be carried out, looking at the legal framework and the
administrative set-up required for the operation of a multinational waterway. The
analysis shall determine the potential navigational safety requirements of the
future waterway, their administration and the cost of installation and maintenance.

A financial analysis shall be carried out, looking at costs and benefits, considering
investment and operation, revenues and reductions in transport costs.

A socio-economic analysis shall be carried out to establish the wider effects on the
national and regional economy in both countries.

An environmental analysis in accordance with Governmental requirements and
guidelines in force in Malawi and Mozambique shall be carried out under
consideration of the findings presented in the 2006 Prefeasibility Study and on the



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basis of the results of the environmental survey carried out in Phase “A”. The
analysis shall establish in detail the environmental impact of the proposed
waterway project and shall summarize the scope, quality and cost of detailed
mitigation measures required.

Phase B will require, among others:

       Review of earlier studies and preparation of condensed summaries;
       Study of competing transport corridors, freight types and volumes and
        growth potential prevailing at the time of the study in Malawi and its
        neighbouring countries;
       Study of competing transport modes, efficiency, capacity and planned
        developments with potential impact on the waterway project;
       Consultation with government, private sector and civil society stakeholders
        to gather input on expectations and attitude and on potential contributions;
       Detailed assessment of existing port infrastructure and necessary
        improvements, including land access, quays, cargo handling equipment and
        other facilities under consideration of ISPS code requirements;
       Design of a technical concept for the waterway, establishing the design
        depth and channel width required throughout the waterway for a viable
        transport concept, defining river training measures required to maintain
        adequate channel conditions for safe navigation, defining narrow river
        sections and bends which need to be corrected;
       Estimation of the magnitude of river training works required to implement
        the project and detailed assessment of implications resulting from these
        works, including recommendations with regard to type of equipment to be
        employed and, in case of dredging, where and how to dispose off the spoil
        material from dredging operations and assessment of the rate of
        maintenance dredging to be applied in both rivers as a result of siltation
        and/or shifting sandbanks
       Detailed assessment of river navigability including bridges and potential
        docking areas between Chikwawa and Chinde
       Preparation of Terms of Reference for detailed design of the waterway,
        ports and landing facilities for the full scope proposed in the Feasibility
        Study
       Detailed assessment of types of vessels and river barges to be used and
        their construction an operating cost
       The feasibility of private sector operations of a vessel and/or river barge
        transportation system shall be established and outline options for the
        concession arrangement discussed
       The full range of the potential social impact shall be discussed. This must
        include consideration of health, demographic, employment and generated
        wealth
       Sustainability from economic, technical and environmental viewpoints
       Clear indication of assumptions made and sensitivity analysis of the
        contributing factors




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Methodology

In his technical proposal the Consultant shall represent the methodology he
intends to apply to reach the aim of the study.

PHASE “A”:

This phase shall serve to collect existing data to the most possible extent and to
provide detailed technical planning parameter elaborated on the results of the field
surveys and laboratory works for the succeeding Study Phase. The results of the
survey works and the assessment of collected data towards the design criteria
proposed shall be summarized in a Survey Report. The Survey Report shall, in
particular, contain

       Drawings of the longitudinal profile of the waterway at a scale of 1:100,000
        and sounding charts showing depth in different colours
       Report on sounding differences between the measurements taken at the
        end of the rainy season and at the end of the dry season and assess the
        impact on the navigability of the waterway and propose mitigation measures
        to counter sedimentation, if required
       Determination of shallow or hazardous areas that may hamper safe
        navigation and suggest correctional measures and where necessary
        propose the placement of appropriate aids to navigation, reliable and simple
        to maintain
       Report on debris coming down the waterway in particular during rainy
        season that may adversely affect safe navigation, including suggesting
        ways of mitigation
       Report on currents and how these will affect the safety of navigation
       Navigation charts at a scale of 1:10,000 that can be updated in future when
        dredging and correction works, if any, are completed
       Table listing the air draft and clear width of bridges and power lines, if any
       Table listing the results of Standard Penetration Tests carried out at the
        proposed construction sites for port facilities and landing points
       TOR for detailed subsoil investigation and topographic survey works
        required for the design phase of ports and landing points


PHASE “B”: Study Phase

This phase shall serve to establish the viability of Shire-Zambezi Waterway Project
by conducting a detailed study under consideration of all relevant technical,
economic, social and environmental aspects of the Project and to propose a
detailed working concept for the design, construction, operation, maintenance and
bilateral administration of the waterway and its ports and landing stations. The
study shall also determine a detailed working concept with regard to the shipping
operation and the vessel types to be applied and shall demonstrate the technical
and economical viability of the proposed concept.



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The Ministry of Transport and Public Works in Malawi and the Ministry of
Transport and Communications in Mozambique through their respective Technical
Units shall provide support to the study team. During the field assessment phase,
the study team shall contact government entities in both countries and individuals,
members of the business community investing or interested in investing in the
Shire-Zambezi Waterway area.


Required Outputs

PHASE “A”:

The Consultant will produce an Inception Report giving details of the strategies,
which the Consultant intends to use to fulfil the Terms of Reference, and will, if
necessary, indicate those areas of the Terms of Reference that require
modification. The Report shall include detailed performance schedules and
personnel deployment for both phases.

The Consultant shall prepare and submit Quarterly Progress Reports. The first
report shall cover the period up to the end of the first quarter following the
mobilization. Reports shall be submitted quarterly thereafter, each within 7 days
after the last day of the period to which it relates. Reporting shall continue until the
Consultant has completed the Draft Survey Report.

The Consultant will produce a Draft Survey Report to be submitted two weeks
after the field survey works have ceased and the laboratory works are finalized,
whatever event is later. The Draft Survey Report shall summarize the results of
data collection and survey works and shall contain detailed technical planning
parameter elaborated on the results of the field surveys and laboratory works for
the succeeding Study Phase. The Draft Survey Report will be discussed at an
advisory group meeting approximately one week after the submission. The
advisory group will be constituted by the Ministry of Transport & Public Works.

A Final Survey Report, appropriately incorporating the feedback received from
the advisory group, will be submitted two weeks after the feedback has been
received.

PHASE “B”:

The Consultant shall prepare and submit Quarterly Progress Reports. The first
report shall cover the period up to the end of the first quarter following the
mobilization. Reports shall be submitted quarterly thereafter, each within 14 days
after the last day of the period to which it relates. Reporting shall continue until the
Consultant has completed the Draft Final Report.

The Consultant will produce a Draft Final Report to be submitted four weeks prior
to the end of the assignment with a clear summary of all the services performed,



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describing the overall feasibility of the project, the background to the study,
consultations with stakeholders, sources of data and information, survey results
and analyses carried out, proposed infrastructure requirements, ToR for additional
survey works and site investigations and the detailed design of the waterway,
ports and landing points and a all environmental and social aspects of the Project.
It shall also assess the contribution of the project to the regional States in terms of
economic growth, poverty alleviation and human development. The Draft Final
Report also will be discussed at an advisory group meeting approximately three
weeks before the end of the assignment.

Within two weeks after having received the comments from the advisory group, the
Consultant will submit a Final Report, appropriately incorporating the feedback
received.

All reports will be handed over in 5 copies in English.




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3.0     EXPERTS PROFILE

The following table shows the list of requested experts per category and indicates
the number of expert-months estimated for finalization of the respective individual
task.

         CATEGORY OF EXPERT                            No. of working No. of working
                                                       months Phase A months Phase A
 1     Team Leader / Civil Engineer                    6 months       9 months
 2     Ass. TL / Transport Economist                   ------------   9 months
 3     Hydrographer                                    4 months       2 months
 4     Field Surveyor                                  6 months       ------------
 5     Ass. Field Surveyor                             6 months       ------------
 6     Dredging Expert / Civil Engineer                ------------   9 months
 7     Environmental Expert                            4 months       3 months
 8     Port Operations Expert                          ------------   4 months
 9     Legal Expert                                    ------------   4 months
 10 Naval Architect                                    ------------   2 months
 11 Sociologist                                        ------------   2 months
 12                     Expert Months Total:           26             44



Profile required

The following profile of experts is expected:

Team Leader/Civil Engineer with at least 20 years experience in the field relevant
to the assignment: The team leader shall be Civil Engineer and shall have a
University Degree and full membership of a professional institution e.g. ICE.
He/She shall be experienced in infrastructure analysis of river transport projects in
developing countries.

Ass. Team Leader/Transport Economist with at least 15 years experience in the
field relevant to the assignment: The assistant team leader shall be a Transport
Economist with a University Degree and full membership of a professional
institution e.g. ICE. He/She shall be experienced in financial/economic analysis of
waterborne transport projects in developing countries.

Hydrographer with at least 15 years experience in the field relevant to the
assignment: The Hydrographer shall have experience in planning and execution of
field surveys and the evaluation of survey data towards the formulation of design




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criteria, in particular for training works, of waterways for commercial navigation in
the confines of river systems.

Field Surveyor with at least 15 years experience in the field relevant to the
assignment: The Surveyor shall have experience in planning and execution of field
surveys and the evaluation of survey data towards the preparation of bathymetric
and topographic charts and the formulation of design criteria of port structures and
engineering works along waterways.


Assistant Field Surveyor with at least 10 years experience in the field relevant to
the assignment: The Surveyor shall have experience in planning and execution of
field surveys and the evaluation of survey data towards the preparation of
bathymetric and topographic charts for engineering works along waterways.


Dredging Expert/Civil Engineer with at least 15 years experience in the field
relevant to the assignment: The Expert shall have experience in planning and
design of river training works including dredging works in complex river systems of
larger magnitude for commercial waterways. The expert must have experience in
formulation of terms of reference for subsoil investigation works.


Environmental Expert with at least 10 years experience in the field relevant to the
assignment: The expert shall be environmentalist with a University Degree in
Marine Environmental Studies and have extensive experience in river environment
of southern part of the African continent.


Port Operations Expert with at least 15 years experience in the field relevant to the
assignment: The Expert shall have practical experience in port management and
the planning, directing and supervision of port operations, preferably of river ports
in developing countries.


Legal Expert with at least 15 years experience in the field relevant to the
assignment: The Expert shall have experience in the preparation, analysis and
amendment of national legal frameworks regarding the administration, operation
and use of multinational commercial waterways.


Naval Architect with at least 15 years experience in the field relevant to the
assignment: The Naval Architect shall have experience in design and construction
supervision of commercial cargo vessels for the navigation in coastal waters and
for river transport. The expert shall have particular experience in the planning of
shallow drafted vessel systems optimised for commercial river navigation.




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Sociologist with at least 10 years experience thereof, at least 5 years in sub-
Saharan countries. Must be fluent in English and Portuguese. Experience in
bilateral transport projects required.


Working Language

The working language for this contract is English in which all experts shall be
fluent. However knowledge of Portuguese is an added advantage for consultations
with stakeholders in Mozambique.


4.0     Location and Duration


Starting period

Services shall start no later than 1. September, allowing the commencement of
river survey works at low water level period, i.e. late September/early October.


Foreseen finishing period or duration

The approximate length of the assignment shall be 15 calendar months, the first 6
months of which shall be for Phase “A”.
Services shall be completed with the submission of the Final Report on_________
latest.


Location (s) of assignment

Services will be performed in Malawi with fact-finding missions to neighbouring
countries as necessary. The consultants will make their own arrangements for all
necessary office and living accommodation, local transport, etc.


Government Inputs

The Government, through the Ministry of Transport & Public Works, will provide for
the cooperation of the Government Ministries, Departments and other Agencies
required for carrying out the work, liaison as necessary for this purpose, and
introduction to Mozambican counterparts.

The Ministry of Transport & Public Works will give the Consultant full access to all
information and will provide any other available relevant data, which is necessary
for the proper and timely execution of the study.




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Support

The Director of Planning in the Ministry of Transport & Public Works in Malawi will
act as supervisor of the Consultants for the time of this study.

Office space will be made available at Lilongwe. In the project area, the Consultant
has to install its own office.




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Cost estimate Phase “A”:
Item                  Unit                  Number                Unit Price in €   Total in €

Expert fees           month                                 26             17.300           449.800

Per diem              month                                 20              4.320            86.400

International         flight                                  7             2.500            17.500
flight

Local transport       month                                 12              2.000            24.000

Plans, drawings       Lumpsum                                 1            20.000            20.000

Excess luggage        Lumpsum                                 1            10.000            10.000

Subtotal                                                                                    607.700

Contingencies         %                                     10                               60.770

TOTAL                                                                                       668.470

Cost estimate Phase “B”:


Item                  Unit                  Number                Unit Price in €   Total in €

Expert fees           month                                 44             17.300           761.200

Per diem              month                                 30              4.320           129.600

International         flight                                20              2.500            50.000
flight

Local transport       month                                 30              2.000            60.000

Plans, drawings       Lumpsum                                 1            20.000            20.000

Reporting             Lumpsum                                 1            10.000            10.000

Subtotal                                                                                  1.030.800

Contingencies         %                                     10                              103.080

TOTAL                                                                                     1.133.880




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