CONTRACT NO. TNPA 672: PROVISION OF A WASTE REMOVAL SERVICE FOR GALLEY WASTE IN THE PORT OF CAPE TOWN FOR A PERIOD OF TWENTY FOUR (12) MONTHS
Section 2: SCOPE OF REQUIREMENTS
- Description of the SERVICE: PROVISION OF A WASTE REMOVAL SERVICE FOR GALLEY WASTE IN THE PORT OF CAPE TOWN FOR A PERIOD OF TWENTY FOUR (24) MONTHS
- Management and start up
2.1Service Level Agreement/Performance meetings
The Service Provider shall attend Service Level Agreement meeting requests. It is envisaged that at least one monthly contract management and safety meeting will take place. The Service Provider will be required to present information regarding Health and Safety issues at such meetings.
2.2Documentation control
The Service Provider shall submit all documentation complying with the Transnet standards and requirements. Transnetwill issue all relevant documentation to the Service Provider butcontrol, maintenance and handling of these documents will be the Service Provider’s sole responsibility and at its expense, and managed with a suitable document control system.
2.3Health & Safety Requirements
The Service Provider shall comply with the Health and Safety requirements contained in the Transnet National Ports Authority’s (TNPA) Health and Safety Management Health and Safety Plan.
The Service Provider hall comply with all applicable legislation, regulations issued in terms thereof and Transnet’s safety rules which shall be entirely at the Service Provider’s cost and which shall be deemed to have been allowed for in the rates and prices.
The Service Provider will be required to submit particulars of his Health and Safety Programme within 1 (one) week of award of tender. Particular requirements of the Transnet, if any, will be made known at the Clarification Meeting.
The Service Provider shall, in particular, comply with the following Act:
(i)The Compensation for Occupational Injuries and Diseases Act, no.130 of 1993. The Service Provider shall produce proof of his registration and good standing with the Compensation Commissioner in terms of the Act and submit with his tender.
(ii)Occupational Health and Safety Act, (No. 85 of 1993).
(iii)National Environmental Management Act, (Act 107 of 1998).
(iv)National Environmental Management, Waste Act (59 of 2008).
(v)National Ports Act (12 of 2005).
(vi)Environment Conversation Act (73 of 1989).
(vii)The Provisional Ordinances and Local Authority, by-laws and all relevant regulations framed there under.
All clauses in this contract pertaining to health and safety form an integral part of this contract and if not complied with may be construed as breach of contract entitling the Employer to the appropriate remedies.
NB: The Service Provider and his employees shall have valid safety inductions and medical certificates when accessing or working on site. Copies of which shall be submitted to the Transnet Representative. This will be at a time and location Transnet will arrange.
Substance abuse
The OHSACT (Act 85 of 1993) clearly states in the General Safety Regulations no. 2A “INTOXICATION” An employer or user, as the case may be, shall not permit any person who appears to be under the influence of intoxicating liquor or drugs, to enter or remain at a workplace”.Transnet National Ports Authority enforces this legislation by means of its Substance Abuse Policy, and therefore reserves the right to do substance abuse testing on anyone who enters their premises.
The tendered amount shall include for all costs to confirm to the Health and Safety requirements
2.4Quality assurance requirements
The onus rests on the Service Provider to produce work which will conform in quality and accuracy of detail to the requirements of the Specifications. The Contractor must, at his own expense, institute a quality control system and provide experienced technical staffand supervision andpositive control of the works at all times.
The Service Provider shall submit his proposed Quality Control Procedures (QCP) to the SHEQ Manager for approval. Site Access will not be permitted until the QCP is to the Service Manager’s satisfaction.
Section 2: SCOPE OF REQUIREMENTS
- SCOPE OF WORK
This tender covers the provision of a waste removal service for shipping waste within the Port of Cape Town utilizing 2 cubic metrecontainers in a manner described more fully under Clause 10. The service required is for galley waste only (considered by the Department of Agriculture as high risk hazardous waste).
- SERVICE PROVIDER'S REPRESENTATIVES
The Service Provider shall nominate representatives of whom at least one shall be available at any hour for call-out in cases of emergency. The Service Provider shall provide TNPA with the names and telephone/pager/cell numbers of the representatives.
The nominated representatives shall be familiarized with the contact details of TNPA Emergency Departments.
- TRANSNET NATIONAL PORTS AUTHORITY REPRESENTATIVES (TNPA)
A TNPA representative will be nominated and made known to the Service Provider. The name and contact phone number will be supplied to the Service Provider.
No payment will be made without the signed verification of the service rendered being obtained from the specified representative.
4.CONTRACT PERIOD
The contract will be for a period of 24months.
5.MATERIAL SUPPLY
No material will be supplied by Transnet National Ports Authority. All bins (2 cubic meters) are to be supplied by the contractor.
6.DETAILS OF PLANT AND EQUIPMENT
Tenderer must state what plant or equipment they propose using and the manner in which the service will operate. Full details of how your business operates are to be submitted with tenders.
7.DAMAGE TO CONTRACTOR'S VEHICLES, PLANT AND EQUIPMENT
Transnet National Ports Authority will not be responsible for any loss of or damage to any waste bins, vehicles, plant and equipment belonging to the Service Provider except for loss or damage which is due to willful misconduct or gross negligence on the part of Transnet National Ports Authority or any of its employees.
8.INSURANCE
8.1The Service Provider will be required to certify that he does carry the following insurance cover for the full duration of the Contract.
8.1.1Contractors property - the full value of all material, plant and equipment brought on to the site by the Service Provider for the performance of his obligations in terms of the contract.
8.1.2Public liability - the Service Provider shall take out a public liability insurance policy in an amount of R2 000 000. 00 (Two Million Rands) per occurrence on terms approved by TNPA.
8.1.2.1Such policy shall:
8.1.2.1.1be of full force and effect as from the commencement date;
8.1.2.1.2not be cancelled or terminated by the Service Provider without the prior written consent of TNPA;
8.1.2.2The Service Provider shall:
8.1.2.2.1pay the premiums for such insurance policy promptly on due date;
8.1.2.2.2submit proof of payment to TNPA if requested to do so;
8.1.2.2.3not do or cause to be done, any act or omission, which shall affect the validity of such insurance policy or cause its cancellation.
- GENERAL REQUIREMENTS: WASTE REMOVAL SERVICE
9.1The Service Provider shall provide a service, which, in the interest of public health, hygiene and environmentalconsiderations. He will further ensure clean and tidy areas without any accumulation of waste in the port. The Service Provider shall ensure that all statutory laws pertaining to the removal and disposal of waste are complied with.
9.2The Service Provider shall provide adequate Personal Protective Equipment (PPE) to its employees involved in the handling of waste. The measures put in place for the correct use and storage thereof shall be made available to TNPA for comment and recommendation.
9.3The Service Provider shall ensure that, after consultation with the SHEQ Department or relevant Authority, risk assessments are carried out at adequate intervals. This shall be placed on record with associated STANDARD OPERATING PROCEDURES, which must be produced when requested by TNPA.
9.4The Service Provider, having inspected the areas concerned and the nature and quantities of waste requiring removal, shall perform the service in accordance with the conditions of the Contract and in such a manner that the Port is always in a tidy and sanitary state.
9.5The work shall be carried out under the supervision of TNPA but the Service Provider shall be responsible for the
acts and omissions of his employees.
9.6The Service Provider shall co-operate with the officers of TNPA and shall comply with all instructions issued and
restrictions imposed with respect to the works, which affect the operations of TNPA.
9.7Without limiting the generality of the provisions of Clause 9.4, an Officer of TNPA, having identified himself,
may stop the work if, in his opinion, the safe passage of trains/vehicles/vessels or the safety of TNPA assets or any person is affected.
9.8In the event of there being industrial action in the Port, whereby the Service Provider is prevented from gaining access to provide a service, the Service Provider shall immediately notify the TNPA representative. Contingency plans shall be introduced whereby it may be necessary to perform the service outside normal working hours.
9.9The Service Provider shall not restrict the free use of any road/quayside, right-of-way or path on TNPA property unless he has obtained the approval of the authority/owner concerned.
9.10The Service Provider shall make good or bear the cost of making good any damage caused by him to any road, path or street on TNPA property, fair wear and tear exempted.
9.11No permanent works or structures of any nature will be erected on TNPA property. Prior approval shall be acquired from TNPA.
9.12The Service Provider must ensure that all its employees entering TNPA premises receive SHEQ induction and be familiarized with the Emergency Procedures for the Port of Cape Town.
9.13The Service Provider shall not store any bins and/or equipment in the Port, nor park his vehicles/trucks on site without prior permission from TNPA.
9.14The Service Provider shall ensure that a trained and well versed First Aider be present at all times of operations. Proof of such certification shall be produced upon request by TNPA.
9.15 The Service Provider shall not clean/repair/refurbish/paint any bins and/or equipment in the Port, nor service/repair his vehicles/trucks on site without prior permission from TNPA.
10.SERVICE TO BE PROVIDED
10.1This contract is designed to cover the supply and operation of a waste removal service for ships’ galley waste utilizing custom designed bins of approximately 2cubic metre capacity as specified below and as set out in the Schedule of Prices and Provisional Quantities. The bins must be clearly marked “Galley Waste Only”.
10.2This service is split into twocategories:
10.2.1Provision for the placement, removal and transportatonof skips of 2m³ capacity each,Including disinfection. (An average of 670 skips requested per month).
10.2.2Charge per metric ton for the disposal of galley waste at an approvedlandfill site.
10.3Description of bins
10.3.1 Specification: Leak proof bins with hinged lids capable of being closed,
Bins may not have wheels.
It must have slots for a standard 4 tonne forklift to be able to lift it. Bins must be
rust proof or treated for rust since it will be placed on the quayside, next to the sea.
10.3.2 Size/capacity: Two (2) cubic metre
10.3.3 Labeling: The bins are to be chronologically numbered and clearly marked "Galley Waste
only".
10.3.4 Colour: All bins supplied to be bright “Maritime Orange” with reflective tape 1.5m high
right around the outside of the bin.
Failure to conform to this specification will result in a penalty of R2 500.00 per bin per month for not meeting any of the requirements whether collectively or singularly.
10.4Number of bins
A sufficient number of bins must be supplied to cater for all ships in the Port. This obviously varies from day to day but it is estimated that 80 bins should be adequate. Not all bins will be required to be deployed in the port, a proper needs analysis will be conducted by the Service Provider and TNPA at start-up of the contract to quantify the amount of bins required.
10.5Placement of bins
The vessel or vessel agent must inform the Port Authority of its galley waste management requirements prior to its arrival in the Port. The TNPA Environmental Department will inform the Contractor of the vessel’s requirements.
Each ship docking in the Port is, within 6 hours of being notified, to be supplied with a 2m3galley waste skipin close proximity to the ship's gangway (not within the demarcated red line or within two (2) meters from the edge of the quay). In order to achieve this, the contractor will need to liaise with the Port Authorities and/ Environmental Department on a daily basis to ascertain shipping movements.
10.6Emptying of bins
The bins on all quays are to be emptied when full or nearly full (over 2/3) on adaily route through the Port and on demand in certain instances if the need arises.
When a bin is emptied it must be disinfected before re-use. In normal circumstances it will not be necessary to remove the bin from the quayside.
10.7Removal of bins
If for any reason a length of quay is withdrawn from shipping activities, the Service Provider may be required to remove any bins standing in the affected area for the duration of theinterruption. The Contractorwill begiven at least 12 hour notice for bins to be removed from a site or out of the Port, if it’s no longer required.
10.8Removal of Waste
All waste collected is to be removed from the Port and disposed of at an approved landfill site. (See also Clause 11.). Waste collected from the Port may not be mixed with any other waste collected from any other site or client. Waste may also not be stored at any site; it must be disposed of directly.
10.9Hygiene and Appearance
The waste bins are to be disinfected after every lift in order to comply with the Health Regulations (see also Clause 10.6) and to ensure that a 2-metre radius of the skips is clean, good and in a serviceable condition with no wastage around.
10.10Incidents & Accidents
The Service Provider shall report any incidents/accidents where its staff and equipment is be involved within 24 hours to TNPA. This includes; waste being incorrectly handled, disposed at incorrect site and waste being mixed but not limited to that. The Service Provider shall conduct its own investigation and compile the necessary incident reports. TNPA reserves the right to conduct its own investigation in any incidents that might occur. Depending on the nature and severity of the incident, TNPA reserves the right to cancel its contract with the Provider.
11.DISPOSAL OF WASTE
11.1All waste emanating in terms of this contract from within the Port must be disposed of in accordance with all statutory laws and Local Authority by-laws and regulations governing the category of waste being handled and directives that may have been issued.
11.2TNPA wishes to be a responsible Authority particularly with regard to waste management.
To this end TRANSNET NATIONAL PORTS AUTHORITY needs to be assured that the waste is being properly managed in the disposal operation. Proof that the Service Provider has an account or makes use of a properly licensed landfill site is required.
11.3Loaded “galley waste” shall be adequately covered in transit over public roads to the satisfaction of TNPA.
11.4The Service Provider shall take any necessary measures to prevent spillage or seepage from bins/vehicles during transporting to the dumpsite.
11.5The Service Provider shall submit safe disposal certificates to the Environmental Manager of TNPA on a monthly basis. (See also Clause 16.2)
11.6It is the responsibility of the Service Provider to ensure that all waste is disposed at a landfill site, which is specifically designated for such purposes. This site of disposal shall be subjected to random audits by the Authority (TNPA).
12. HEALTH AND HYGIENE OF WASTE HANDLERS
12.1All ship-waste shall be treated as hazardous and handled accordingly. Waste handlers should be informed and trained on the risks and hazards of exposure to such waste (Regulations for Hazardous Biological Agents, R4: Information and Training)
12.2Waste handlers should wear adequate and appropriate Protective Clothing, which must include, but is not limited to, impermeable gloves, hard hats, identifiable overalls, steel toecap shoes etc. Waste handlers should be trained in the proper wearing and storage ofProtective Clothing and PPE (Regulations for Hazardous Biological Agents, R4: Information and Training)
12.3All waste handlers should be subjected to pre- employment medical tests prior commencement of the
contract. Proof of such medical tests should be produced upon request.
12.4Waste handlers should adhere to any instructions given regarding environmental and health practices
by a person delegated by or designated TNPA employee. Proper infection control techniques shall be practiced at all times.
12.5All incidents involving potential infection should be reported to TNPA within 24hours. Any information
that could assist in the investigation of an incident should be made available upon request to TNPA.
12.6Waste collection vehicles should be roadworthy and serviceable condition. Daily tasks should be carried out and proof of tasks to be kept. Licensed drivers of waste collection vehicles should adhere to all rules and regulations as stipulated under the National Road Traffic Act.
13INFORMATION TO BE OBTAINED ON SITE
13.1Tenderer shall visit the sites of the proposed waste removal service and acquaint themselves with the nature of the work, the conditions under which the work is to be done, the means of access to the site, the waste to be removed, any limitations or restrictions that may be imposed by TNPA, local or other authorities and in general with all matters that may influence or affect the contract and shall be deemed to have allowed in his tender for any additional costs involved due to the foregoing as no claims for any extras will be entertained.
13.2TNPA cannot guarantee that the volume of waste to be disposed of as observed at the time of the site meeting will remain of a consistent nature due to vessels calling at the port fluctuating on a month to month basis.
13.3A tender may be rejected should the Tenderer not have arranged for the prescribed Certificate of attendance attached hereto, to be signed by TNPA’s Representative concerned and submitted with the tender.
14.SECURITY