2BACKGROUND AND SCOPE OF REQUIREMENTS

1 BACKGROUND

TNPA as a division of Transnet is the business unit responsible for the management of Hazardous waste generated by TNPA within the ports in South Africa. TNPA must ensure compliance with all relevant International and National legislation/standards governing the management of Hazardous waste, TNPA Port of Durbanmust therefore, provide the necessary resources and facilitate the loading, collection, transportation and disposal of Hazardous waste from the Port of Durbanto an approved H:H and/or H:h landfill site.

According to the National Environmental Management: Waste Act, 2008 (Act No. 59 of 2008), hazardous waste means any waste that contains organic or inorganic elements or compounds that may, owing to the inherent physical, chemical or toxicological characteristics of that waste, have a detrimental impact on health and the environment.

TNPA will follow an open tender process to source a service provider to provide a Hazardous waste management solution for the Port of Durban. It also continues to improve its current operating processes for disposal of Hazardous waste.

The selected service provider will share in the mission and business objectives of TNPA. These mutual goals will be met by meeting contract requirements and new challenges in an environment of teamwork, joint participation, flexibility, innovation and open communications. Further, TNPA and its service provider will study the current ways they do business to enhance current practices and support processes and systems as this will allow TNPA to reach higher levels of quality, service and profitability.

TNPA Specifically seeks to benefit in the following ways:

• Best value for money in respect of waste disposal;

• TNPA must receive reduced cost of acquisition and improved service benefits resulting from the combination of secure supply, economies of scale and streamlined service processes;

• TNPA must receive proactive improvements from the Service provider with respect to supply services and related processes as well as any industry developments;

• TNPA’s overall image must be strengthened by the chosen Service provider’s service delivery systems; and

• TNPA must be able to rely on the chosen Service provider’s personnel for service enquiries, recommendations and substitutions.

2. TNPA SCOPE OF REQUIREMENTS

TNPA intends to outsource the provision of waste management services of TNPAHazardous Waste at the Port of Durban. The supply of the aforementioned waste management services is required at the Port of Durbanfor a period of three (3) years.

TNPA aims to appoint a Service Provider who has experience in the provision of Hazardous waste management services and who can demonstrate through their returnable documents that they are capable of providing an efficient, cost effective service.

2.1 COLLECTION POINTS

Pollution Control

There are three locations that have been designated for servicing the removal of waste collected by pollution control throughout the port, i.e. Bayhead area (Dock Yard), Maritime Museum and at Island View.

A total number of 8 skips, i.e. 4 x 7m3 skips and 2x31m3must be provided for these areas; 2x skips in Island View area, 2x7m3 and 2x31m3skips in Bayhead area and two skips at Maritime Museum as and when required. The waste to be loaded into these skips by Pollution Control Department is classified as general waste which is a mixture of plastics and bottles and pieces of wood. A further 12 skips (31m3)must be made available for Pollution Control Department as and when required to attend to emergencies.

Dry Dock, floating dock and Workshop 24

Waste skips will be dispatched on request only at Dry Dock. No waste skips to be permanently placed at Dry Dock.

A number of 5 (four 7m3 and one 11m3) skips must be placed at Shop 24 (workshop) and repair quay area. An 11m3 skip must be permanently positioned at Shop 24 under the extractor outlet. An outlet-shute must also be provided by the service provider. The other 4 x 7m3 skips which are leak proof shall be placed in and around the ship repair area and at the sandblast shelter. This requires regular lifting and replacement. Two skips will be used for sand blast grit and one skip for paint tins (hazardous waste) and one for general waste. All skips must be leak proof and covered.

Buildings and Marine Maintenance

A number of 3 x 7m3 skips must be provided at the Salisbury Island Workshop on a permanent basis, one skip for general and two for hazardous waste. The hazardous skips must be leak proof and covered at all times.

Periodic maintenance work carried out including the removal of asbestos roofs and structures will require proper skips that are covered and signaged in the Port area. Canal cleaning will require skips to be placed at various positions including the Kings Rest, Fynnland and Island View area on request. The maintenance of buildings and cleaning of the canal will be as and when required, as such the total number of skips that will be required is unknown. The waste that is recovered from the canal cleaning must be tested prior to disposal by the service provider at a landfill laboratory’s to ensure that due processes for its disposal is followed. The waste contractor will be required to request the results of the test from the landfill site and provide TNPA with a copy of the results. Included will be the cleaning of tunnels which will consist of two bins per area one for sand which needs to be tested if the sand is contaminated and one for general waste.

R Shed

A total number of 2 x 7m3 leak-proof skips shall be placed at R Shed. One of the skips shallbe for general waste and one skip for hazardous material and therefore must be leak proof and covered. A total number of 2 x 210litre drums for fluorescent tubes must be placed at Marine Services as and when required.

Power Supplies

One 11m3 and one 7m3 general waste skip and 2x210L drums for Fluorescent tubes

shall be placed at Power Supplies. Bins must be leak proof and covered.

The provision of 2x 210 litre drum for the collection of crushed fluorescent tubes as and when required. The drums must be labelled fluorescent tubes and transported with a registered vehicle according to the National Roads Transport Act. When the drums are full, the Contractor will be contacted to collect the drums for disposal at the appropriate disposal site which in this case it must be a low hazard landfill i.e. class: H: h).

Additional services are required to dispose of small quantities of silica gel. The service provider must place two 20L containers labelled and to ensure that the correct disposal methods are used to dispose the waste according to its classification. (A Material Safety Data sheet will be handed to the service provider to dispose the waste accordingly). This must also be disposed of at the low hazard landfill site.

Roads & Tracks Maintenance

A total number of 3 x 7m3 skips and 1x11m3 skip shall be provided for Roads and Tracks Department. One 11m3 skip to be placed at Roads and Tracks depot in Methven Road (11 Methven RD), one 7m3 skip at Sharkmesser Road and one 7m3 skip and one 7m3 skip at Honshu Rd Island View.

Property Services

A number of two skips must be placed. One 11 m3 skip for general waste shall be placed at N-Shed (behind the Shed). One 7m3 skip must be placed at Schoeman’s Bridge. Additional skips are to be placed around the port for the cutting of grass as and when required. A number of two 31m3 skips are to be placed around the port as and when required or otherwise specified. A number of three 7m3 skips are to be placed at Maydon Wharf as and when required.

Dredging Services

One 7m3 skip for general waste must be placed around the Port on request (area to be specified when the request is made). One skip 7m3 skip must be placed at A-berth. One skip must be placed at A- Berth for the Sand bypass project. Two 210 litre drums with lids must be placed at the site for the removal of the fluorescent tubes. Recycling of old oil drums with some oil in it needs to be taken to a recycling depot for the safe disposal or treatment of the oil and drums.

Lighthouse services.

One 7m3 skip must be placed at the lighthouse department for general waste.

Berthing staff R-Shed

One 7m3 skip to be placed outside the main office for general waste.

Fire Emergency Services

One 7m3 waste skip to be placed at New Pier 1 Fire department. Waste skip must be covered.

Security Department.

As and when required

Summary of placements

Area / 7 m3 skips / 11m3 skips / 3 31m3 / 2 210 litre drums / 20 litre container
Building and Marine / 3
R Roads and Tracks / 4 / 1
Workshop 24 / 3 / 1
Dry-docks / 4
Marine Services / 2 / 2
Dredging services / 3 / 2
Lighthouse services / 1
Property department / 4 / 1 / 1
Pollution department / 6 / 2
Berthing / 1
Security / 3
Power supply services / 1 / 1 / 2 / 1
Special Projects (including Pollution Control) / 40 / 40

3. OBLIGATIONS OF TNPA

3.1 TNPA undertakes to afford the Contractor such assistance as may be reasonably required by the Contractor in performing the Service, provided that under no circumstances shall such assistance be regarded as creating any obligations on the part of TNPA, nor relieving the Contractor of its obligation to comply with all the obligations imposed upon it in terms of this Agreement.

3.2 TNPA shall designate and appoint an authorized representative who shall be known as the TNPA Representative.

3.3 The Environmental Manager/specialist, officer shall have the following duties in regard to the removal of the Hazardous Waste by the Contractor:

ii.monitor the condition of each Vehicle so as to ensure that it is in a roadworthy condition;

iii.monitor the removal of the Hazardous Waste by pointing out;

iv.the exact location of Hazardous Waste to be removed at any particularpoint in time. The specific diagram indicating the exact location of allthe Hazardous Waste;

v.List of areas for the permanent placement of bins for TNPA inthe Port;

vi.Regularly visit and audit the registered Landfill Site/s for compliance in respect of the disposal of the Hazardous Waste;

vii.Provide technical and operational advice to the Contractor in connection with the day to day operations and execution of its duties;

viii.Ensure that Vehicle permits are furnished by TNPA to the Contractor to enable its Vehicle(s) to enter into the Port of Durban;

ix.furnish the Contractor with the rules of the Port, including the safety requirements as may be published from time to time by TNPA, which Rules and Safety requirements form an integral part of this Agreement;

x.furnish the Contractor with the Port Waste Management Plan;

xi.through its Environmental Manager/Officer/Specialist, conduct random checks on the Hazardous Waste in the Equipment to ensure compliance with Port of Durban. Waste Management Procedure and SHE Policy requirements; xii. List the types of hazardous waste generated by TNPA Port of Durban.

xiii.Communicate to the Contractor the need to review the Terms of the Contract in line international best practice in the management of Hazardous Waste;

xiv.Provide the Contractor with the Port of DurbanSouth African Waste Information Centre (SAWIC) registration number.

4. OBLIGATIONS OF THE CONTRACTOR

4.1.The Contractor shall:

i.provide all Employees, or personnel, and supervision necessary for the proper, efficient, timeous, safe and compliant provision of the Service for TNPA. This Service will be performed in such a way that all Hazardous Waste will be removed from TNPA and disposed of in a registered Class A Landfill site.

ii.provide and make available such Equipment and Vehicle(s) as may be necessary for the performance of the Service all of which shall be maintained by the Contractor in good working order and condition at all times;

iii.be responsible for the safe loading, removal and transportation, consolidation (if applicable) and disposal of the Hazardous Waste; in accordance with the prevailing legislation and in terms of this Agreement, while protecting TNPA, the environment and the public from unsound waste management practices;

iv.ensure that all statutory laws and other legislation pertaining to the temporary storage, handling, removal, transportation and disposal of Hazardous waste are complied with;

v.provide a service in which the interest of public health, hygiene and anti-pollution be paramount and will ensure clean and tidy areas without any accumulation of waste and will prevent the spread of infectious and contagious diseases;

vi.inspect the areas concerned and the nature and quantities of Hazardous waste requiring removal, shall perform the service in such a manner that the areas concerned are left in a tidy and sanitary condition;

vii.register on the South African Waste Information System (SAWIS) as required by the South African Waste Information Centre (SAWIC) and TNPA Port of Durban, who is already registered on the system, will provide the Contractor with the necessary registration number and/or additional information required in this regard;

viii.upload the Hazardous waste quantities on SAWIS on a monthly basis and this will be monitored as per the SLA;

ix.ensure that arrangements with TNPA security are made for access onto the site on a regular basis. The Contractor must inform TNPA security prior to the day of their need to access the site. All the Contractor vehicles accessing the site will be recorded at the security gate for monitoring purposes;

x.co-operate with TNPA and comply with all instructions issued and restrictions imposed with respect to the works which affect the operation of TNPA;

xi.ensure that in the event of any emergency which may arise at any time during which they are attending to the provisions of services as contained in this agreement are properly attended to. The Contractor is to provide suitable 24 hour communication between the waste vehicle and the TNPA Environmental Department for emergency incidents. The Contractor is to provide details of the authorized persons responsible for the implementation and management of the contract and provide contact details of all staff involved, including those identified for emergency incident;

xii.immediately notify the TNPA Environmental Department in the event of industrial action or any other unforeseen circumstances which may arise within the Port which results in the Contractor being prevented from gaining access into the Port, through no fault of their own, and which results in the Contractor being unable to attend to the waste services as set out in the contract. Contingency plans shall be introduced whereby it may be necessary to perform the service outside normal working hours;

xiii.nominate representatives of whom at least one shall be available at any hour for call-out in cases of emergency. The Contractor shall provide the TNPA Environmental Department with the names, addresses and telephone numbers of such representative;

xiv.not restrict the free use of any road, right-of-way or path on TNPA property unless he has obtained the approval of the authority/owner concerned and shall be liable for any damage caused by the Contractor and/or employees to any road, path or street within TNPA;

xv.ensure that no permanent works or structures of any nature are erected on TNPA property;

xvi.dispose of all waste in the Hazardous waste receptacles in the manner stipulated for Hazardous waste, although TNPA accepts that the entire content of waste placed in the waste receptacles will not always consist entirely of Hazardous waste;

xvii.ensure that all Hazardous waste and run off, is taken directly to and disposed of at the registered high hazardous landfill site, placed in trenches, treated with lime and covered up in accordance with the requirements of the relevant government department, and any new laws which may be promulgated;

xviii.provide a safe disposal certificate or waste manifest documents for all waste removed to TNPA Environmental Department;

xix.use international best practice procedures in the management of Hazardous waste, which may need to be reviewed and updated from time to time and which may result in the need to review the Terms of the Contract;

5.LOADING, REMOVAL AND TRANSPORTATION OF HAZARDOUS WASTE

5.1.The TNPA must inform Contractor of its Hazardous waste management requirements in the Port.

5.2.The Contractor undertakes to comply with the following conditions which apply to the loading, removal, transportation and disposal of the Hazardous Waste. The Contractor shall:

5.2.1.Ensure that the waste receptacles are provided timeously but within a maximum period of four (4) hours after having been notified.

5.2.2.ensure that the waste receptacles are sufficient to meet the TNPA requirements

5.2.3.remove and dispose of the waste in accordance with the waste management plan, as provided to them by the Port of Durban.

5.2.4.remove all Hazardous Waste, including, but not be limited to, the Hazardous Waste from designated Sites within TNPA, as agreed upon with the Environmental Manager/Officer/Specialist;

5.2.5.on an ongoing basis load, transport and/or remove Hazardous Waste generated TNPA from the Port of Durbanor designated Collection and Loading Points and transport such Hazardous Waste to the registered Landfill Site as required by TNPA;