Recycling_Curbside_Collection_Specifications.pdf

Section A

Intent and Purpose of Services

The City of Newark, New Jersey, in order to establish the most effective systems of curbside recycling consistent with the requirements of the New Jersey Mandatory Recycling Act (P.L. 1987, Chapter 102), desires to contract with a firm for recycling services to recycle materials from municipal residential sectors which will assure the recycling of material by a system that will increase the City’s recycling rate, improve the sanitary conditions of the City, and decrease the City’s disposal cost.

The successful contractor(s) is required to comply with Newark City Ordinance 2:4-20 and 2:4-21 et seq., with respect to the hiring of Newark residents for the duration of the contract to the greatest extent feasible and in accord with demonstration of good faith efforts.

Section B

Basic Information

In the contract, the city intends to collect recyclable materials placed at municipal residential curbsides within the City according to Newark Municipal Ordinance.

Technical Specifications

Recycling Program

The City of Newark (The City) operates a dual stream recycling program for residents, consisting of commingled dry recyclables and fiber (paper and card) streams. The City is divided into two zones for the purposes of trash, bulk material and recycling collections (Zone A and Zone B). Collections take place twice per week in each zone, with commingled and fiber streams collected on different days.

As per Municipal Ordinance, the City provides one 20- gallon blue recycling container per household. Apartment buildings supply their own containers. Multi-dwelling buildings should have separate dumpsters for recycling the separate dual streams.

The city currently engages a contractor for the collection, processing and marketing of recyclable materials, alongside its own municipal waste collections. The quantity of secondary commodities recovered from residential recycling in 2017, by material, as reported in the Newark Annual Tonnage Report, is shown in Table 1 for information. In addition, a further 15- 20% of residual non-recyclable materials are disposed of. Please note that the City does not guarantee the accuracy of this data.

Table 1: Newark 2020 Tonnage Report, Residential Recycling

Source: City of Newark DPW (2017)

Stream Material Estimated Quantity (Tons )

Fiber Corrugated/ Mixed Paper 4, 013.69

Commingled Glass, Metal, Plastic 9, 345.86

Total 13,359.55

The City, Essex County and NJ State target the achievement of at least 50% recycling rate for the municipal solid waste (MSW) stream (i.e. Type 10), and a 60% recycling rate for the total of all waste streams .

Demographic Information

According to the US Census Bureau, Newark has a current population of 284,242 people and 96,888 households, with an average of 2.76 persons per household. The total land area of the City is 24.19 square miles, giving an average population density of around 11,773 people per square mile. However, population density is higher in the residential areas surrounding the Central Business District. It is estimated that 22.7% of households are owner occupied, and the remaining 77.3% are renter-occupied.

Scope of Services

The City is soliciting bid proposals from solid waste/ recyclables collection Contractors. The services to be performed under this contract shall include the curbside collection of specified recyclables (dual stream- paper/card and commingled dry recyclables) from residential housing units in the City of Newark, and transportation of the collected materials to appropriate processing facilities. The contract described herein includes all costs for labor, management, vehicles, equipment, maintenance and routing.

The collection services shall apply to all residences, and all residential complexes, where refuse collection services are normally provided by the City. Collection areas are divided into Zone A and Zone B, as shown in Appendix A. Collections shall be carried out twice per week per collection zone.

Residents are responsible for segregating recyclables into dual stream 1) commingled dry recyclables and 2) mixed paper and cardboard placing them into, or adjacent to, recycling containers (provided by the City ) and placement at the curbside, or in designated collection areas, on scheduled days and times.

Upon collection of recyclable materials, ownership will transfer to the Contractor. The contractor is expected to make regular monthly reports to the City on recycling materials collection, recovery and marketing and disposal of recycables.

Collection Zones

The contractor shall collect recyclable materials from Newark City Waste Collection Zone A and Zone B. Zones A and B shall be those areas so designated by the Director of the Department of Public Works. The City reserves the right to amend the boundaries of the Waste Collections Zones. Collections shall cover the entirety of residential units within the zones included in the City’s municipal solid waste collection service, which includes residential single family and multi-family housing units (i.e. house, townhomes, apartments/condominiums and residential complexes).

Collection Schedule

Collection days for Zone A shall be Mondays and Thursdays, and collection days for Zone B shall be Tuesdays and Fridays.

In continuity with current collections, corrugated cardboard and mixed paper shall be collected on Monday in Zone A and on Tuesday in Zone B; whereas, commingled recyclables shall be collected on Thursday in Zone A and on Friday in Zone B.

The time schedule for collection shall be between 6:00am (first pickup) and 6:00pm (last pickup). No collections shall be undertaken outside these hours without the express prior approval of the Director of Public Works. The contractor may request the collection day to be changed with the approval of the City. The City also reserves the right to modify the scheduled hours for certain communities, as deemed necessary in the interest of their health, well-being and convenience.

The following legal holidays are exempted from the recyclables collection schedule:

New Year’s Day Dr. Martin Luther King Day Washington’s Birthday Lincoln’s Birthday Good Friday Memorial Day Independence Day Labor Day Veteran’s Day Thanksgiving Day Day after Thanksgiving Christmas Day

If the scheduled collection falls on one of these legal holidays, the contractor will carry out the collection on the following day, or as otherwise directed by the City.

In the event of severe inclement weather, such as severe snowstorms, hurricanes, or floods which prevent pickup on a given collection date or time, the City may direct the contractor to modify the schedule to best serve the needs of the City.

If the streets are closed or otherwise obstructed, the contractor will make arrangements with the appropriate entities for the collection of recyclables from the affected streets. The contractor must notify the City’s Recycling Coordinator of any likely interruptions to service and agree to proposals for alternative arrangements.

Recyclable Materials

Pursuant to this contract, designated recyclable materials to be collected are:

i. Used Corrugated Cardboard

ii. Mixed Paper and Cardboard

iii. Glass Containers

iv. Plastics (#1 though #7), excluding plastic bags, plastic film and styrofoam

v. Metals (including food & beverage cans and empty aerosol cans)

The City reserves the right to amend the list of designated recyclable materials to be collected to reduce costs to the City;

to help the city to achieve its recycling targets; in response to amendment of the New Jersey Mandatory Recycling Regulations; or otherwise by agreement with the contractor.

Designated recyclable materials shall be segregated at source by residents prior to collection into dual stream, consisting of:

i. Commingled Dry Recyclables

ii. Mixed Paper and Cardboard

Each Stream will be collected separately in accordance with the collection, set-out and containment standards specified herein.

The contractor is only required to collect designated recyclable materials; and shall be responsible for the disposal of collected and residual non-recyclable materials at their own expense, including all costs and fees. Residual materials handled by the contractor, or their agent, shall be properly designated and managed under applicable waste laws at the location where handling and/or disposal occurs.

For clarity, the contractor shall not collect the following materials from residents under this contract: organic waste, textiles, used motor oil, bulky and white goods, Waste Electrical and Electronic Equipment (WEEE), ferrous and other scrap metals (not included in the list above), batteries, and tires. Such materials will be collected by the City or agents appointed by the City.

Recyclable Materials Containers

The contractor shall collect recyclables from recycling containers set out by the customer. Currently, the City provided standardized 20 gallon blue plastic containers to residents for both commingled and paper/corrugated card streams.

Containers currently in uses will continue to be used for the residential recyclable materials collection services unless, and until, the City decides to pursue alternative service options. All containers provided by the City shall remain the property of the City.

The City will provide recycling containers to new service customers and existing customers upon request. If the contractor needs to replace containers due to their misuse, then the containers shall be purchased from the City. The City will replace containers which reach the end of their life-cycle.

Residents are responsible for keeping containers clean and in serviceable condition and building management companies are responsible for the sanitary condition and operability of carts and dumpsters. The contractor shall report incidents of unsanitary or damaged containers, carts and dumpsters to the Department’s Recycling Coordinator, providing photographic evidence, location and other details.

While it is expected that all commingled and mixed paper recyclables shall be placed out at the curbside by residents in the provided containers, the contractor shall make every reasonable effort to collect oversized recyclable materials that man occasionally be place adjacent to the container. Corrugated cardboard may be flattened out, stacked, and placed next to the container. It is not required to bundle or tie cardboard set out at the curbside, but the building owner shall ensure that these materials do not become dispersed as litter. The contractor shall also collect recyclables that have been set out by residents in blue recyclable containers and containers labelled recyclables. The contractor shall distribute recyclables labels provided by the City upon request.

In the case of residential apartments, condominiums and residential complexes (above 4 units), where curbside collections cannot be practically implemented by the customer, the building owner or community management company shall provide fully enclosed and wheeled cars and/or dumpsters exclusively for separate storage of recyclables (dual stream).

The maximum volume of carts shall be 96 gallons and dumpsters shall be sized in accordance with customers’ requirements. In multifamily dwellings, the owner should provide an adequate number of containers to fully cater to the entire building community for collected recyclables, such that overflow does not occur. For difficult pick-ups, i.e. due to physical constraints, such as limited storage space or accessibility, the contractor may agree to alternative collection arrangements with building owners, with written agreement from the Director of Public Works, or the Director’s nominated representative.

All recycling containers, carts and dumpsters shall conform to NJDEP and ANSI Z245.30 Safety Requirements for Waste Containers standards and shall be maintained in conformance with the provisions of N.J.A.C 7:26 et. seq.

The City reserves the right to change the specifications of recycling collection containers in provides, or add new containers, and the contractor shall collect these in accordance with the terms of this contract.

Collection Route

The contractor shall develop collection route schedules to be as efficient as possible: identifying individual pickup points and likely amounts of recyclable materials to be collected from each point: grouping pickup points to form “collection routes” that can be served by a single collection vehicle; and planning the route of each collection route taking account of the distance travelled, traffic levels and safety to the public and the waste collectors. The routes shall be provided to the City upon request.

The contractor shall incorporate into such schedules, any directives from the City as are necessary to address special needs of communities.

The collection routes shall be regularly reviewed and optimized based on data collected while performing collections, including Global Positioning System (GPS) data. The collection routes shall be shared with the City’s Recycling Coordinator.

Additionally, the GPS data and ability to track collection activity in live time shall be made available to the City upon request.

All route or collection day changes must be approved by the City’s Recycling Coordinator to allow sufficient time to notify the customer, and document the changes in the City’s tracking system.

Collection Process

The contractor shall collect recyclable materials from containers placed out by the resident(s) if single family and multi-family dwellings of less than four units; as well as carts and dumpsters placed out in the designated areas; and empty them into the contractor’s collection vehicle, 20 gallon containers may be loaded manually, whereas carts and dumpsters must be loaded using an appropriate mechanically assisted system. After being emptied, containers, carts and dumpsters shall be promptly replaced in an upright position, with lids closed, in their original location out of the traveled way and not on the sidewalk.

Collection vehicles shall move from residence to residence to low speed in a forward gear, observing traffic regulations and using warning lights. If any material fall or spills from a vehicle, such material shall be cleaned up immediately.

When the collections on a route are complete, the vehicle is filled, or it is 6:00pm, the vehicle and operatives shall proceed directly to their selected recycling facility via an approved route. The recycling facility shall be approved by the Essex County Plan (if applicable) and hole relevant valid permits and/or licenses issued by the New Jersey Department of Environmental Protection (NJDEP) (if applicable).

If the contractor fails to complete the collections with the specified timeframes without proper notice to the City, they will incur a penalty of five hundred dollars ($500.00) per incident.

Set-Out and Acceptance Standards

Recyclables to be collected from single family/ multi- family dwelling of less than four units shall be set out by the resident at the curb line of the adjacent public street. Where there is no curb, materials shall be placed at the front of the property line. At apartment buildings, condominiums and other residential complexes above four units, recyclable materials shall be set out in designated areas with safe and reasonable access available to the contractor. Where the appropriate set-out location is uncertain, the City’s Recycling Coordinator will determine where containers shall be placed.

It is the responsibility of residents to ensure that recyclable materials are clean and free from garbage, and unwanted recyclable materials, hazardous waste, and other non-recyclable materials. Containers holding excluded material (e.g.

glass window panes, mirrors and light bulbs, plastic films and lids, polystyrene and construction materials) and/or contaminated materials (e.g. glass and plastic bottles and jars, or cardboard packaging containing food remnants) may be not accepted for collection by the contractor if this comprises more than 20% of the materials by volume. Rejected containers must be fully documented, and the residents informed of the reasons for rejection, by attaching a pre-printed notice to the container. Photographic evidence of contamination will be recorded by the on-board system.

If the recyclable materials are not set out by the customer in accordance with the above set-out requirements, the contractor will collect the materials (if it is safe to do so), document the improper set-out with a time-stamped photograph, and leave a pre-printed notification informing the customer of the City’s set out requirements. The photographic documentation of improper set-outs will be recorded by the on-board vehicle tracking system.

At the end of each operating day, the contractor shall provide a consolidated report on non-complaint set-outs and contaminated containers, along with the corresponding photographic documentation, to the City’s Recycling Coordinator.

Missed Pick-Ups

If the City receives a complaint regarding a missed pick-up, the contractor will be expected to return to that customer to collect the recyclable materials within 24 hours.

If the contractor rejects a container and does not provide the required documentation (including photographs), and the customer contacts the City to report a missed pick-up, the City will presume that the customer’s report is valid.

The contractor is not required to render service if the presence of an interference prevents access to a recycling container and/or poses a threat to the contractor’s employees. The contractor shall collect all materials from containers as soon as possible, but no later than 24 hours after the problem that prevented the pick-up is rectified.

The penalty for failure to abate a missed pick-up will be a fine of one thousand dollars ($1,000.00) per each instance.

Environmental Controls and Clean-Up

The contractor shall use every precaution to prevent materials from being spilled including on any portion of a building, private property or public street, during collections. Any materials so spilled shall be immediately cleaned up, and the premises, building or streets left in a clean condition. Spills must be documented with photographic records and reported to the City within the same day.

If the contractor does not clean up spillage as required in these specifications, the work may be performed by the City or by a contractor appointed by the City. As a result, liquated damages would be assessed against the contractor in an amount equal to the cost of the clean- up work, but in no event shall damages be less than $250.00 per incident.

No recyclables shall be left by the contractor in the travelled way, on the sidewalk, curbs, or along the route from the place of receptacle placement to the collection vehicle. If any recyclables shall fall from a vehicle or container, either during collection or transportation, such articles shall be immediately gathered and re-placed into the vehicle and the place of collection rendered clean.

Collection Vehicles

The contractor may use whatever type of collection vehicles it determines appropriate to perform the specified scope of services in accordance with the specifications, performance standards, occupational safety and health, and legal requirements, provided that standards specified herein are adhered to.

The vehicle types used by the contractor(s) shall be specifically designed and manufactured for the collection of residential refuse and/or recyclables. All vehicles shall be licensed in the State of New Jersey and be registered with, and conform to the requirements of the New Jersey Department of Environmental Protection, in accordance with N.J.A.C 7:26-3.1 et seq.

All vehicles must be no older than ten years old.

All vehicles shall be maintained in good working order and shall be constructed, used and maintained to reduce unnecessary noise, spillage and odor. The City’s Contract Administrator or his or her designee shall have the right to inspect all vehicle, at any tie, during the term of this contract, and the contractor shall comply with all reasonable request relative to the maintenance and repair of said vehicles and other equipment used in the execution of the contract. The contractor shall implement a preventive maintenance program to minimize downtime and avoid the associated service disruptions and delays.

The vehicles must be uniformly painted, kept clean, and clearly labeled on all sides with the contractor’s company name and local phone number. The contractor shall not permit any such vehicle at any time to become offensive either through odor, appearance or for any related offenses.

Each vehicle shall be equipped with sufficient hand tools and supplies to allow clean-up of spilled or littered refuse, and absorbents for the clean-up of spilled or littered refuse, and absorbents for the clean-up of spilled liquids, including the collection of vehicle fluids. The contractor shall maintain the necessary fleet support equipment to mobilize quickly to the location of a dumped load, or spill and affect a prompt and thorough clean-up, including sweeping of any impacted paved areas.

Each vehicle must be equipped with a Global Positioning System (GPS). The GPS must be accessible by the Department of Public Work personnel.

The City shall have the right to inspect the vehicles at any time during the term of this contract, and the contractor shall comply with all reasonable requests relative to the maintenance and repair of said vehicles. The City shall have the right to order out of service any vehicle of the contractor which is in such condition that it violates that provisions as to condition, and the contractor shall replace such vehicle, at its sole cost and expense, with a conforming vehicle satisfactory to the City.

For the duration of this agreement the contractor must maintain a collection fleet sufficient in number and capacity to efficiently perform all aspects of collection described herein, including reserve vehicles of corresponding size and capacity, which can be made available within 2.5 hours.

An inventory of collection vehicles used by contractor(s) must be provided by the contractor in a form suitable to the City.

This inventory must be updated monthly and submitted electronically to the City’s Recycling Coordinator.

The contractor’s collection vehicles will be equipped with on –board data collection and Automated Vehicle Location (AVL) Systems to facilitate real-time vehicle tracking, route status and communication of related collection data.

Employees and Supervision

The contractor shall be responsible for providing adequate and competent labor for the performance of the services. At the request of the City’s Recycling Coordinator, the contractor shall provide the City with a list of employees who will be utilized in the performance of the contract. The contractor will provide the driver’s license details of all contractor employees who drive vehicles in the performance of the contract in the City.

The contractor’s collection staff shall be properly trained and equipped. The contractor shall supply all its collection staff with personal protective equipment and other necessary equipment, clothing and materials required to complete their work, ensuring Occupational Safety and Health Administration (OSHA) standards, regulations and guidelines are met.

Collection workers shall wear standard overalls and yellow high-visibility safety vest or coats, durable gloves, and safety boots during collections. The contractor shall provide the City with a copy of its training plan for collection staff and drivers.

The contractor’s staff shall take adequate breaks, including rest and meal breaks.

The contractor shall employ a competent Supervisor who shall have full authority to act for the contractor. The contractor shall notify the Contract Administrator, in writing, that a Supervisor has been appointed. Such notification shall be given prior to performing services under the contract. The contractor shall promptly notify the Contract Administrator, in writing, of any changes. The Supervisor shall act as a primary liaison between the contractor and the City’s Recycling Coordinator in relation to this contract. The Supervisor shall monitor collections, notify the Recycling Coordinator immediately of any problems with the collection procedure, and advise the steps being taken to correct the problem(s).

The City’s Recycling Coordinator may require suspension or removal from service of any employee, for one or more of the following offenses during working hours:

Intoxication

Soliciting gratuities or tips for services provided hereunder

Willful damage or destruction of recyclables containers, receptacles or property

Willful scattering or spilling of garbage, trash, recyclables, litter

Willful or reckless disregard of safety or sanitary requirements

Any act which may constitute a public nuisance or disorderly conduct

Title to Recyclables

Upon Collection, title of recyclable materials (defined herein) transfers from the City to the contractor. The contractor is solely responsible for processing and marketing of these recyclable materials and for disposal of non- recyclable or otherwise residual materials. The contractor shall be entitled to receive all revenues from their marketing of specified recyclable materials collected under this contract.

Disposition of these materials must be at an approved market or processing facility. An approved market or processing facility shall be determined by the City in consultation with the contractor. Approval shall not be unreasonably withheld.

Failure to report on changes to location of recyclables processing operations shall result in liquidated damages assessed against contractor in an amount equal to costs incurred by the City of Newark or economic harm caused by contractor’s failure to provide the report to changes but in no event will damages be assessed less than $100.00.

Permits and Licenses

The contractor shall obtain and pay for all permits and licenses required by law for the collection and transportation of recyclables; and for processing and marketing of collected recyclables should take place at the contractor’s own facilities.

Educational Literature

From time to time, the City may request the contractor to distribute materials for communicating recycling information in the contracted area while undertaking collections. The City will provide the contractor with any materials to be distributed.

Customer Service Requirements

The contractor shall maintain an office in New Jersey and staff the office between the hours of 8am and 6pm, Monday through Friday following observed holidays. Physical proximity of the bidder/service to the City of Newark is requisite to the efficient and economical performance of the contract and a relevant and critical consideration. The contractor must provide an on call staff member for immediate response for emergencies and/or as deemed necessary by the City.

The contractor shall implement a complaints and service improvement policy, which includes procedures, and roles and responsibilities for handling and addressing complaints, and improving customer service and performance standards. Any complaints received directly by the contractor shall be documented in writing and passed on to the City. After noting the details, the contractor should also refer the complainant to the City’s complaints line. Failure to report service complaints, and or respond in a reasonable and professional manner, within 24 hours shall result in liquidated damages assessed against contractor in an amount equal to costs incurred by the City of Newark or economic harm caused by contractor’s failure to report service complaints but in no event will damages be assessed less than $100.00.

All complaints from residents and all notices, directives, and orders from the City shall receive prompt and proper attention from the contractor, and the conditions shall be corrected or attended to within twenty-four hours. The contractor shall maintain a log of complaints received and actions taken to remedy the complaints.

Route Tracking and Data Management

The contractor will install AVL capabilities, including GPS route tracking, performance data acquisition, data storage, on all collection vehicles associated with the services. The system will be web-based and provide the City with real-time access though a web-portal for monitoring of the collection fleet (i.e. vehicle location, route path and other route performance data). In addition, the contractor will deploy cameras with GPS location stamping and recording capabilities directly linked to its system to document proof of service. The contractor will train the City’s administrative personnel on the use of the system to ensure smooth deployment.

The contractor shall provide software and licenses or direct real-time web-based data feed that link to the contractor’s AVL and fleet routing software so that the City can monitor the progress of route collection on a real-time basis, retrieve route performance statics and investigate complaints.

Operating and Contingency Planning

Operational Plan

The contractor shall supply the City with a detailed plan of operation two weeks after award of the contract. The Operational Plan shall describe the route to be established and shall contain details about servicing schedules, equipment to be used, and alternate procedures to be followed in case of severe weather or equipment failures. It shall comply with these specifications and the requirements of all Municipal, County, State and federal agencies. The contractor and the City may reorganize collection routes during the contract. Any revisions will be in the best interest of the City.

Business Continuity and Service Recovery Plan

The contractor shall supply the City with a mutually agreeable Business Continuity and Service Recovery Plan to minimize the likelihood of a disruptive incident affecting the contractor’s performance of the services set out in this contract in the event of business or service disruption, including Force Majeure, and enables an efficient response and recovery of affected services to minimize the duration and impact of a disruptive incident.

Training Plan

The contractor shall supply the City with a comprehensive staff training plan pertinent to the execution of this contract, containing mandatory and discretionary training requirements for operational staff, including, but not restricted to drivers, collectors, supervisors, and customer service staff. The training plan shall cover occupational safety and health, and hygiene standards, recyclable materials recognition, hazardous materials recognition, spill prevention and cleanup, driving and road safety, and operation of equipment, as a minimum: and other training as necessary, requested by the City , or where legally required.

Subcontracting

The contractor shall not sublet, assign, transfer, or in any way give to any others, any portion of work considered under this contract except with the written approval of the City.

Right of City to Terminate Contract

If the work to be done under this contract is abandoned by the contractor, or if this contract is assigned without the written consent of the City, or if the contractor is adjudged bankrupt, or if a general assignment of his assets is made for the benefit of his creditors, or if a receiver is appointed for the contractor or any of his property, or if at any time the City determines that the performance of the work under this contract is being unnecessarily delayed, or the contractor is violating any of the material conditions of this contract, or that the contractor is executing the same in bad faith or otherwise not in accordance with the terms of said contract, the, in the event any of the foregoing occurs, the City may serve written notice upon the Contractor and the surety of the City’s intention to terminate this contract. Unless within thirty days after the serving of such notice a satisfactory arrangement is made for continuance, the contractor shall be deemed in default and the contract shall be automatically terminated and the City may then take over and prosecute the work to completion, by contract or otherwise.

If at fault, the contractor and his/her surety shall be liable to the City for all damages as well as excess costs sustained by the City by reason of such prosecution and completion by the City. Time shall be of the essence as to any action performed by the contractor to correct conditions as set forth in this provision.

It is agreed that in the even the contractor shall be adjudged bankrupt, a receiver appointed or a general assignment for the benefit of creditors is made, or is proven insolvent or fails in business, this contract shall not be an asset of the contractor.

The City will not collect or have materials collected for recycling of there is no market, as defined by the New Jersey Recycling Act (P.L. 1987, Chapter 102), which defines “Market” or “Markets” as “the disposition of designated Recyclable Materials source-separated in a municipality which entails a disposition cost less than the cost of transporting the Recyclable Materials to solid waste at the facility utilized by the municipality”. The City of Newark reserves its right to either cancel this contract upon 30 days’ notice, or to pay for any fees or costs associated with the marketing of collected materials.

Certificates

The contractor must complete all required certificates.

Performance Standards

The contractor and his employees must perform collection services, including transportation, processing, and marketing of collected materials, in a diligent and continuous manner. The performance metrics that will be used to rate the contractor’s performance throughout the term of this contract are segregated into field operations and contract management.

The field operations metrics include:

a. Number of missed pick-ups without adequate justification (no more than 5 incidents per month)

b. Incidents of failure to rectify missed pick-up within allotted time frame ( no more than 2 incidents per month)

c. Number of justifiable complaints (excluding minor issues and missed pick-ups) regarding unsatisfactory service provision (no more than 2 incidents per month)

d. Starting route prior to 6:00am or completing refuse routes after 6:00pm (zero incidents)

e. Materials spilled from or draining from equipment or vehicles, and litter (no more than 1incident per month)

f. Failure to clean-up materials spilled from or draining from equipment or vehicles, and litter (zero incidents)

g. Disposal or disposition of collected materials at an unapproved facility or location (zero incidents)

Management factors Include:

a. Inadequate fleet resources (i.e. number of vehicles provided in satisfactory condition ) [zero incidents]

b. Incidents attributable to inadequate training ( zero incidents)

c. Failure to provide access to automatic route tracking (zero incidents)

d. Late, incorrect or deficient submission of monthly reports (zero incidents)

e. Failure to appropriately report, or properly close out a complaint (zero incidents)

The Director of the Department of Public Works will issue written warnings to the contractor if the performance metrics above are exceeded, or there are other serious breaches of the specifications defined herein. Which the City deem to constitute unsatisfactory performance by the contractor.

If the contractor receives written warnings for consecutive months, the contractor may be considered in default and the City may terminate the contract for cause, provided that the City provides written notice default to the contractor, and the contractor fails to cure such default within thirty (30) calendar days of receipt of such notice. The City reserves the right to escalate the timing for termination for cause as it determines is in the best interest of the City to do so.

Monitoring, Reporting and Audit Requirements

Monitoring The City will monitor the contractor’s performance against the Performance Standards in Clause 4, using data supplied by the contractor, information from third parties including complaints; and regular inspection of documentation, vehicles and equipment, and occasional field monitoring to be carried out by the City.

The contractor must provide the City’s Recycling Coordinator with a list of trucks and drivers daily by 6:00am. If requested, the City’s Recycling Coordinator shall be allowed to inspect each vehicle to ensure they are empty before stating the route.

The Contractor will also provide the City with full access to real-time data produced within the contractor’s collection vehicle GPS tracking system, as it pertains to this contract.

Reporting

Two weeks prior to the effective date of the contract, the contractor shall submit to the City (updated information shall be provided to the City annually), the following:

1. List of all employees performing work under the terms of this contract, including their work functions , and their home addresses.

2. List of all vehicles to be used under this contract, including make and type of vehicle.

During the term of the contract, the contractor shall collect and report to the City the following Basic Information and Monthly Reports:

The contractor shall supply weekly listings of the previous week’s weight receipts for all materials collected each day by the contractor in the collection area and delivered to transfer stations, processing facilities, and disposal facilities.

Information shall include location of receiving facilities, gross and net weights, materials, truck numbers, route numbers, date, time-in, time-out, and other fields specified by the City. The records shall be submitted to the City’s Recycling Coordinator monthly in electronic format. However, the contractor shall also keep as back-up a paper copy of each weight transaction. The contractor is required to obtain correct records for volume and tons of secondary commodities recovered from recyclable materials collected for the City under this contract and submit these to the City each month. Materials volumes and tonnages shall be segregated by materials type in accordance with State of New Jersey municipal reporting requirements, by market (point of sale), and by month.

The contractor shall also provide the following information as necessary:

The contractor must notify the City’s Recycling Coordinator of any potential interruptions of services and agree proposals for alternative arrangements.

All route or collection day changes must be approved by the Recycling Coordinator in writing to allow sufficient time to notify the customer.

The contractor shall notify the City of damaged containers, including incidents due to contractor misuse.

Rejected pick-ups must be reported to the City’s Recycling Coordinator at the end of each day. Reports shall be accompanied by supporting documentation including photographic evidence, location, date/time, and reason for rejection.

Spills must be documented with photographic records and reported to the City within the same day.

An inventory of collection vehicles used by contractor(s) must be provided by the contractor in a form suitable to the City. This inventory must be updated monthly and submitted electronically to the City’s Recycling Coordinator.

At the request of the City’s Recycling Coordinator, the contractor shall provide the city with a list of employees who will be utilized in the performance of the contract. The contractor will provide the driver’s license details of all contractor employees who drive vehicles in the performance of the contract in the City.

The Supervisor shall monitor collections, notify the Recycling Coordinator immediately of any problems with the collection procedure, and advise the steps being taken to correct the problem(s).

Any complaints received directly by the contractor, shall be documented in writing and passed on to the City. The contractor shall maintain a log of all complaints received and actions taken to remedy the complaint.

The contractor shall provide software and licenses or direct real-time web0based data feed that link to the contractor’s AVL and fleet routing software so that the City can monitor the progress of route collection on a real –time basis, retrieve route performance statistics and investigate complaints.

Monthly Reports

The contractor shall prepare and submit reports to the City. Monthly reports shall contain complete records of monthly quantities (tons) of total collected materials, materials sold to processing facilities, secondary commodities marketed by said facilities, and materials disposed of; and details of non-compliance notices distributed to customers, including the associated photographic documentation.

The reports will be prepared in an electronic format mutually agreed upon between the contractor(s) and the City, and will be transmitted electronically to the City. Recycling statistics shall also be provided in excel format.

An outline contents of the monthly report is provided below:

1. Safety and Incident Report

a. Summary of personal injury incidents

b. Summary of property damage incidents

c. OSHA recordable incidents

d. Other incidents (i.e. employee behavior)

e. Spills or leaks from vehicles requiring clean-up

2. Fleet and Labor

a. Updated fleet inventory/highlight changes from previous month

b. Total number of crews used for month

c. Total number of vehicle driver days

d. Total number of laborer days

3. Recycling Collection Operations

a. Missed pick-ups by route

b. Tons collected and delivered to MRF

i. Paper/ Corrugated (tons)

ii. Commingled (tons)

iii. Containers damaged or reported lost/stolen

If the contractor fails to provide monthly reports within the specified timeframe, or provided deficient reports, as a result damages will be assessed against contractor in an amount equal to costs incurred by the City of Newark or loss of revenue but in no event will damages be assessed less than $100.00.

Audit

The City shall have the right to examine documentation, records and equipment of the contractor relative to all aspects of the contract. This right to audit only affects contract compliance pertaining to this contract and does not apply to vendor records beyond scope of this contract. Failure to provide the requested information may result in termination of contract.

The city reserves the right to inspect the contractor’s service facility and the equipment and vehicles used by the contractor to perform services under the contract.