Terms of Reference for Hiring a Design and Supervision Consultant

TERMS OF REFERENCE FOR HIRING A DESIGN AND SUPERVISION CONSULTANT

A Project Title:

ENHANCING THE RESILIENCE OF TOURISM RELIANT COMMUNITIES TO CLIMATE CHANGE RISKS

B Project Description or Context and Background:

The project ‘Enhancing the Resilience of Tourism-Reliant Communities to Climate Change Risks’ (the Project) is funded by the Global Environment Facility (GEF) through its Implementing Agency the UNDP and is being nationally executed by the Samoa Tourism Authority in close partnership with the Samoan Tourism Sector.

The overall Project objective is ‘To enhance the resilience of tourism-reliant communities to climate change risks.’

The Project has been designed to achieve two major outcomes as follows:

 Climate change adaptation mainstreamed into tourism-related policy instruments and public- private partnerships  Increase adaptive capacity to climate change and disaster risks of tourism-related communities

A key component of the Project is to facilitate Adaptation to Climate Change by tourism operators. A Climate Change Adaptation Small Grants Scheme (the Scheme) has been developed for this purpose and a Call For Proposals (CFP) under this Scheme has been sought commencing July 2016.

The Scheme will be open to existing tourism operators within the six identified Tourism Development Areas (TDAs) which have been documented through the Project as follows: (South East Upolu – Saleapaga and Lalomanu, South Upolu – Sataoa and Saanapu, North West Upolo – Manono, Eastern Savaii – Manase, North West Savaii – Falealupo and Satuiatua and South East Savaii – Vailoa and Faaala.

The Project has also published ‘Tourism Technical Guidelines for Climate Resilient Practices’ which are available to operators and communities to enhance and support the application of climate change adaptation measures by the tourism industry.

C Scope of Work:

The services of a qualified and experienced individual consultant or a professional firm of consulting architects and engineers (Project Design and Supervision Consultant) is required to provide advice and

support to the implementation of the Scheme through the provision of design and costing advice to the potential recipients and the Project Management Unit (PMU), as well as the supervision of the construction of the selected projects.

Following the CFP, proposals will be assessed by the Focal Group and those receiving preliminary approval will receive additional design and costing advice from the Design and Supervision Consultant in conjunction with the Project Management Unit (including the Sustainable Tourism Development Expert). The more detailed proposals (with design and costings prepared) will then be subject to final approval by the Small Grants Sub Committee.

The integration of Climate Change Adaptation measures by the operators will be important consideration in the assessment of each proposal. Proposals can include new buildings, refurbishments, landscaping and minor infrastructure for small scale tourism operations located in any of the TDAs and responding to climate change related impacts.

The detailed designs for each project and project costings prepared by the Consultant, with the support and under the supervision of the Sustainable Tourism Development Expert (STDE), will also form the basis for the tendering and contracting of the projects’ construction. Designs will need to be fully compliant with the building code and development consent requirements.

Various options for packaging the construction contract(s) will be examined to create construction efficiencies within the scope of the defined projects. The Consultant will prepare the Construction tender documents in liaison with the Project Team and STDE and support the technical evaluation of the tender proposals for the construction contract(s).

The number of projects to be designed, costed and supervised will depend upon the operators’ submissions and an initial assessment of the project costs, which will be provided. It is anticipated that there will be less than 15 of varying scale from single bungalows and landscaping to multiple bungalow development of up to eight units. The majority of the approved projects are likely to be at the smaller end of this scale, with possibly 2 or 3 projects of between 4 – 8 units.

The Consultant, in close collaboration with the STDE, will be required to conduct consultations with each recipient in order to develop a design brief for each project which has received preliminary approval, that is within the indicative budget and aligns with the project outcomes and the project proposal endorsed by the PSC. Design solutions may be buildings, renovations, alterations and landscaping or a combination of these.

It is anticipated that several of the projects involving up market fale replacement or new build may have similar design requirements and the Consultant will work with the STDE and Project Management Unit (PMU) to develop a model design for an upmarket fale design which can apply across multiple projects.

Other projects will require their unique own design solutions and the Consultant will work with the STDE and PMU to develop individual plans and costings as required.

Once all design briefs and budgets have been approved by the PSC, the Consultant will be required to develop each schematic for construction tender, development consent and building permit (if required) with an accurate cost estimate. In order to keep costs within budget it is anticipated that projects will require as little engineered design as possible.

The Consultant, in collaboration with the STDE, is expected to use their skills and experience to ensure that the total cost of works is kept below the total construction budget.

Once a Construction Contractor(s) (the Construction Contractor) has been nominated, the Consultant will devise and execute a plan in consultation with the Construction Contractor(s) to ensure works are completed within the Project timeframe.

In addition to design, costing and supervision advice of the selected Scheme proposals, the Consultant will be required to provide oversight of the final completion of a number (approximately seven) projects which were funded in the first round of the Scheme. Professional design and project management services were not contracted during the first round of the Scheme; the majority of these seven projects are structurally complete but require final fit out, finishing and furnishing. The total value of these Round One completion works is anticipated to be less than SAT$ 150,000.

The grants provided to the successful project proposals in Round Two will be allocated across the six TDAs based on a competitive bidding process. The total budget for the construction of all projects is expected to be in the region of SAT$ 1.4 m with an average project budget of approximately SAT$ 100,000.

The Services to be provided by the Consultant under this Contract shall include but not be limited to the following:

Design and costing of projects 1. Carry out site investigation and report on the proposed site and concept by the proponent for each endorsed project; 2. Meet with the Project Manager, Small Grants Officer and STDE to discuss the preliminary approved projects and the status of the Round One Approved projects. 3. Undertake a broad review of each project budget and scope and meet with the project recipients; discuss with STA Project Manager, STDE and Small Grants Officer and refine each project concept and scope accordingly. 4. Finalize the scope of works and budget with pre-selected project recipients in close collaboration with the STDE and prepare appropriate drawings and technical specifications for all agreed works. 5. Ensure all documentation is compliant with Samoan laws in development and Construction.

6. Prepare the bidding documents for the construction tenders in consultation with the Project Manager and STDE. 7. The Consultant is to prepare the necessary construction design documentation, cost estimates, application for development consents and permits with relevant Ministries and Authorities. Included in the design documentation will be a model design for an upmarket fale which may be applied to several of the proposed projects. Other projects will require their own individual design solutions. 8. Develop an implementation Plan for the construction of all projects and submit to PMU 9. Provide technical advice to the Project Manager and PSC during bid process, bid evaluation and recommendation for award of construction contract(s).

Supervision of construction works and supporting the PMU with construction contract(s) supervision including: 1. Establishment of a positive and amicable, but impartial, liaison with the Construction Contractor(s); 2. Undertake site visits as required and as specified in the implementation plan to provide oversight of the construction works and overview of progress, with particular attention to ensuring Construction Contractors’ adherence to the design and construction drawings and specifications; 3. Review and comment upon the Construction Contractor’s Works Plans; 4. Written records of all powers and duties exercised under this Contract; 5. Provision to the STA Project Manager of copies of any certificates and material provided to the Construction Contractor under this Contract; 6. Keeping the STA Project Manager and STDE informed as soon as practicable of all significant developments in the Works or exercises of its powers as project implementing agency; 7. Ensuring the Construction Contractor’s complete and timely compliance with the Works Program in relation to the Works; 8. Random (but at least fortnightly), scrutiny of the contractors’ daily records, material-testing results, batch records, setout survey records etc.; 9. Random sampling and testing of Construction Contractor’s materials to ensure compliance with the Specifications; 10. Advise the STA Project Manager and the STDE of matters of concern; 11. Prepare pre-forma supervision reports with support photos for the Project Manager; 12. Review and make recommendations on any claims submitted by the Construction Contractor for additional payments and extensions of time; 13. Conduct formal Site Meetings with the Construction Contractor and keep minutes of matters of concern; 14. Guide the Construction Contractor on critical elements of construction, including but not limited to: (a) Interpretation of technical specifications; (b) Matters relating to worksite safety and traffic management; (c) Construction methodology;

(d) Receipt and checking of Construction Contractor’s Progress Claims, preparation of payment certificates in the format prescribed and forwarding to the Project Manager and the STDE in a timely manner for due payment etc; (e) Confirm that Practical Completion has been reached, and advise the representative of the Client accordingly.

It should be noted that there may be more than one Construction Contractor undertaking the construction works depending on the location, scale and precise nature of the projects selected by the PSC and the subsequent ‘packaging’ of the Construction contract(s) through the tender process.

D: Expected Outcomes and Deliverables:

Specific outcomes from the Consultancy are as follows:

a. Ensuring that the projects are designed to enhance climate resilience in accord with the ‘Tourism Technical Guidelines for Climate Resilient Practices’ b. Ensuring that the designs meet the needs of the tourism market and are aligned with the traditional type of Samoan experience through the utilisation of local materials, optimisation of views, landscape and site assets and other aspects of the site and buildings which will enhance the visitor experience; c. Ensuring that the designs fully comply with the Samoan development and construction legislation and timely obtain development consent and building permit d. Ensuring that the Construction Contractor conforms to project design, specifications, drawings and otherwise meets its contractual obligations e. Ensuring that the works are executed in accordance with the agreed construction program(s) and methodologies and fully completed within the agreed budgets f. Ensure that the construction works are successfully completed within the timeframe indicated in the construction contracts g. Ensuring that any claims made by the Construction Contractor are considered and dealt with in a fair and reasonable manner h. Ensuring that all payments made under the Construction Contract are checked, verified and in line with the approved budget i. Ensuring a close liaison between the Construction Contractor and the STA Project Manager and ensuring that the STA Project Manager and STDE are well informed through regular reporting.

The Consultant will be required to provide the following deliverables:

Design and costing:  Elaborate cost estimates and specifications for completion of the projects initiated during the first round of the Scheme  Elaborate concept design drawings for each preliminary approved project under SGP Round Two and cost estimate (approx. 15 projects)  Complete a final Design Report including detailed construction drawings and costs

 Facilitate Environmental Impact Assessment report and or PEAR report for development consent and facilitate engineers design report and certificate (if required by MWTI)  Obtain Development Consent & Building Permit  Prepare the construction tender documents: technical specifications, bill of quantities & drawings  Draft the Construction Contractor technical specifications in the Bid Evaluation report Supervision:  Submit monthly progress reports including site meeting minutes and issues arising and recommendations to the Client Payment certificates  Practical Completion/Certificate of Occupancy and other Project Completion Reports Defects Liability Period:  Liaise with STA and provide Construction Contractor with advice and instructions on rectifying any defects during the 9-month period. E. Institutional Arrangement:

On a day to day basis the Consultant will report to the STA Project Manager and will work in close collaboration with the STDE and the grants beneficiaries. Strategic decisions may also require the Consultant to report to the UNDP Project Focal Point and /or the PSC. Monthly reporting will be subject to approval of STA Project Manager (PM) and the UNDP project Focal Point.

F. Duration of the Work:

Expected duration of this assignment will be 80 working days spread over a period of nine months as follows*:  Design and Costing: 40 days – from 01/09/2016 – 01/12/2016  Supervision of construction works: 40 days – from 01/12/2016 – 30/06/2017

*This plan is indicative. Alternative plans may be suggested by the project team. Please consider that some flexibility will be required as the project evolves in order to ensure the most successful results on the ground, in close communication with the STA Project Manager.

G Duty Station:

It is expected that the Design, Costing and Supervision Consultant will be based in Samoa for the total duration of the contract, home based/ based at own office and/or at site of works, as required.

The Design, Costing and Supervision Consultant is expected to provide all supplementary facilities and equipment necessary for the execution of its obligations under this assignment including:  Measuring equipment  Basic field survey equipment, including dumpy level, staff and theodolite  PC and peripherals  Word-processing, copying and report-binding resources  Telecom including e-mail  Photographic (preferably digital) equipment 6

 Personal safety apparel and equipment  Vehicle*  Any other equipment necessary

* The Consultant/company is supposed to cover any personal travel cost associated with this consultancy, including petrol, ferry tickets, meals, accommodation and other costs associated with the field work. This also applies when field work/visits include the participation of other government/UNDP/other consultants.

H Competencies:

Corporate Competencies:  Demonstrates commitment to the Gov. of Samoa and UNDP mission, vision and values.  Displays cultural, gender, religion, race, nationality and age sensitivity and adaptability  Focuses on result for the client and responds positively to feedback  Consistently approaches work with energy and a positive, constructive attitude  Remains calm, in control and good humoured even under pressure  Demonstrates openness to change and ability to manage complexities  Good inter-personal and teamwork skills, networking aptitude, ability to work in multicultural environment

I Qualifications of the Successful Contractor:

 Valid business licence (MANDATORY);  IPES CP Engineer Certificate and details of the nominated CpEng (MANDATORY);  The Consultant may either be a technically qualified Architect or Engineer with more than 10 (ten) years of proven working experience either in an Architectural/ Engineering or Clerk of Works Firm;  Specific experience of more than 10 (ten) years in the design and construction supervision of new and refurbished buildings works is a requirement;  Thorough knowledge of Samoan building regulations and legislation (more than 1o years experience);  Experience in designing Tourism related facilities and landscape design of over 5 (five) years is essential and a sound understanding of climate change adaptation design measures is required;  More than 5 (five) years experience in preparing bidding documents for construction works;  Experience working in Samoan context particularly coordinating local contractors;  Fluency in Samoan and English language, oral and written.

Evaluation criteria: 70% Technical, 30% Financial combined weight.

Technical Evaluation Criteria (based on the information provided in the CV and relevant documents) must be submitted as evidence to support possession of the below required criteria:

 The Consultant may either be a technically qualified Architect or Engineer with more than 10 (ten) years of proven working experience either in an Architectural/ Engineering or Clerk of Works Firm; (2o points)  Specific experience of more than 10 (ten) years in the design and construction supervision of new and refurbished buildings works is a requirement; (20 points)  Thorough knowledge of Samoan building regulations and legislation (more than 1o years experience); (15 points)  Experience in designing Tourism related facilities and landscape design of over 5 (five) years is essential and a sound understanding of climate change adaptation design measures is required; (15 points)  More than five years’ experience in preparing bidding documents for construction works; (10 points)  Experience working in Samoan context particularly coordinating local contractors; (10 points)  Fluency in Samoan and English language, oral and written. (10 points)

J Scope of bid, price and deliverables:

CONTRACT DELIVERABLES DUE DATE AND AMOUNT IN SAT STAGE PAYMENT % TO BE PAID AFTER CORRESPONDING CERTIFICATION BY TO THE UNDP OF DELIVERABLE SATISFACTORY PERFORMANCE OF DELIVERABLES

Feasibility Upon submission and certification by UNDP and 3rd October 2016 xxx and Design STA of the report & timesheet : (5%) A report on the unfinished projects funded during Phase One of the Small Grants Scheme, outlining plan for completion including budget, is successfully completed and approved by STA and UNDP.

Upon submission and certification by UNDP and 3rd November 2016 xxx STA of the report & timesheet : (15%) A report outlining draft design and costing and identification of compliance requirements for all the preliminary approved projects to be funded under Phase Two of the Small Grants Scheme is successfully completed and approved by STA and UNDP.

Upon submission and certification by UNDP and 3rd December 2016 xxx STA of the report & timesheet : (30%) Full set of finalised detailed design drawings for all approved projects, final budgets and detailed specifications and Bill of Quantities are successfully completed and approved by the Small Grants Sub Committee.

The Development Consent and Building Permit have been granted for all projects, as required.

Facilitation of compilation of the Environmental Impact Assessment report and/or PEAR report for obtaining the Development Consent and facilitation of the engineers design report and certificate (if required by MWTI) are expected.

Bidding Documents (including drawings, specifications and bill of quantities) for hiring the construction company(s) are successfully completed, compiled and ready for Tender. Technical advice is provided during bidding period and evaluation stage.

Supervision Monthly submission of progress report to STA and 3rd January 2017 UNDP including: onwards (one per month)  Site meeting minutes  Issues arising (no payments will  Construction program be corresponded to  Completion certification for projects as this deliverable) completed

Upon submission and certification by UNDP and 30th June 2017 xxx STA of the report & timesheet : (50%) A practical completion certificate is successfully submitted and approved by STA and UNDP.

*Payment dates are indicative, will be adjusted and agreed with the project team and UNDP as project evolves.

Project is currently scheduled to end in January 2017. The above timeline is proposed on the assumption of approval of a six month extension, which is already under consideration. In the unlikely circumstance that an extension will not be granted, timeline and deliverables will be adjusted accordingly.

 Recommended presentation of the proposal:

This opportunity is open to an individual or a company.  For companies applying, it is expected that one key person will be nominated and available as the key focal point throughout the duration of the contract (to avoid alternative representatives coming in place of the key expert) and drawing on others expertise only if and when required.  Individuals should apply as a team of consultants, providing details of the each designated team member in addition to examples of similar works previously undertaken.

Given below is the recommended format for submitting your proposal. The following headings with the required details are important. Please use the template available (Letter of Offer to complete financial proposal).

P11 with a proposed methodology addressing the elements mentioned under deliverables must be submitted by 10th August 2016 electronically via email: [email protected] Incomplete applications will not be considered and only candidates for whom there is further interest will be contacted. Proposals must include:

 P11 form of the nominated consultants addressing the evaluation criteria and why you consider yourself the most suitable for this assignment.  3 professional references (most recent)  3 examples of similar works  Copy of valid business licence  Copy of IPES CpEng Certificate  A brief methodology on how you will approach and conduct the work,  Financial Proposal specifying the daily rate and other expenses, if any  Letter of interest and availability specifying the available date to start and other details

A pre-bid briefing will be undertaken by the Client prior to the date for submission of proposals to clarify questions and queries from potential Contractors. This meeting will be held on Friday 5th August 2pm at UNDP Office Matautu-Uta. Queries about the nature of this consultancy and recruitment process can be directed to the UNDP Procurement Unit [email protected] , in copy to [email protected].