HomeMy WebLinkAboutContract #: 988 - From: 09-01-2017 To: 08-31-2027 - JRM Hauling & Recycling - Town of North Andover,SSG
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TOWN OF NORTH ANDOVER
120 MAIN STREET
NORTH ANDOVER, MASSACHUSETTS 01845
Raymond T Santilh
Assistant Town Manager
Mr. Peter Gamache, General Manager
JRM Hauling & Recycling Services, Inc.
265 Newbury Street
Peabody, MA 01960
Dear Mr. Gamache:
August 1, 2017
TEL (978) 688-9516
FAX (978) 688-9556
Enclosed please find the executed contract between the Town of North Andover and JRM
Hauling & Recycling Services, Inc. for the collection and transportation for disposal of solid waste.
In accordance with Massachusetts General Laws, you are required to pay prevailing wage
for the work performed under this contract. For each calendar month work is performed, you are
required to submit certified payroll records. The certified payroll records are to be sent to:
Mr. James Stanford
Department of Public Works
384 Osgood Street
North Andover, MA 01845
If you have any questions and/or concerns, please call me.
Sincerely,
l o7 _,,, —d 7JI4,0Z
Raymond T. Santilli
Assistant Town Manager
Enclosure
cc., James Stanford, DPW
Contract File
TOWN OF NORTH ANDOVER
CONTRACT
COLLECTION & TRANSPORTATION
FOR DISPOSAL OF SOLID WASTE
CONTRACT
This Contract is entered into on, or as of, this date by and between the Town of North
Andover (the "Town"), and
Contractor: JRM Hauling & Recycling Services, Inc.
Address: 265 Newbury Street
Peabody, MA 01960
Telephone Number: 978-536-2500
Fax Number:
This is a Contract for the procurement of the following:
Collection and transportation for disposal of municipal solid waste for the period of
September 1, 2017 through August 31, 2027 in accordance with the Addendum to
Contract and proposal dated December 7, 2016 (attached)
2. The Contract price to be paid to the Contractor by the Town of North Andover is:
September 1, 2017 through August 31, 2018
$595,000 annually
September 1, 2018 through August 31, 2019
$595,000 annually
September 1, 2019 through August 31, 2020
$614,615 annually
September 1, 2020 through August 31, 2021
$629,981 annually
September 1, 2021 through August 31, 2022
$642,580 annually
September 1, 2022 through August 31, 2023
$661,858 annually
September 1, 2023 through August 31, 2024
$681,713 annually
September 1, 2024 through August 31, 2025
$702,165 annually
September 1, 2025 through August 31, 2026
$723,230 annually
September 1, 2026 through August 31, 2027
$744,927 annually
Contract by and between Town of North Andover and JRM Hauling & Recycling Services, Inc. Page 1
3. Payment will be made as follows:
Upon receipt of monthly invoice (net 30)
4. Definitions
4.1 Acceptance:All Contracts require proper acceptance of the described goods or
services by the Town of North Andover. Proper acceptance shall be understood to
include inspection of goods and certification of acceptable performance for services
by authorized representatives of the Town to insure that the goods or services are
complete and are as specified in the Contract.
4.2 Contract Documents: All documents relative to the Contract including (where used)
Invitation to Bid, Request for Proposals, Instructions to Bidders/Proposers, Proposal
Form, General Conditions, Supplementary General Conditions, General
Specifications, Other Specifications included in Project Manual, Drawings, and all
Addenda issued during the bidding period or proposal. The Contract documents are
complementary, and what is called for by any one shall be as binding as if called for
by all. The intention of the document is to include all labor and materials, equipment
and transportation necessary for the proper performance of the Contract.
4.3 The Contractor: The "other party" to any Contract with the Town. This term shall
(as the sense and particular Contract so require) include Vendor, Contractor,
Engineer, or other label used to identify the other party in the particular Contract.
Use of the term "Contractor" shall be understood to refer to any other such label used.
The Contractor's relationship to the Town is that of an independent contractor and
not that of an agent or employee of the Town.
4.4 Date of Substantial Performance: The date when the work is sufficiently complete,
the services are performed, or the goods delivered, in accordance with Contract
documents, as modified by approved Amendments and Change Orders.
4.5 Goods: Goods, Supplies or Materials.
4.6 Sub -Contractor: Those having a direct Contract with the Contractor. The term
includes one who furnished material worked to a special design according to the
Drawings or Specifications of this work, but does not include one who merely
furnishes material not so worked.
4.7 Work: The services or materials contracted for, or both.
Contract by and between Town of North Andover and JRM Hauling & Recycling Services, Inc. Page 2
5. Term of Contract and Time for Performance
This Contract shall be fully performed by the Contractor in accordance with the provisions
of the Contract Documents on or before August 31, 2027, unless extended pursuant to a
provision for extension contained in the Contract documents at the sole discretion of the
Town, and not subject to assent by the Contractor, and subject to the availability and
appropriation of funds as certified by the Town Accountant. The time limits stated in the
Contract documents are of the. essence of the Contract.
6. Subject to Appropriation
Notwithstanding anything in the Contract documents to the contrary, any and all payments
which the Town is required to make under this Contract shall be subject to appropriation or
other availability of funds as certified by the Town Accountant. The Town may immediately
terminate or suspend this Agreement without liability on the part of the Town for damages,
penalties or other charges in the event the appropriation funding this Agreement is terminated
or reduced to an amount which will be insufficient to support anticipated future obligations
under this Agreement.
7. Permits and Approvals
Permits, Licenses, Approvals and all other legal or administrative prerequisites to its
performance of the Contract shall be secured and paid for by the Contractor.
8. Termination and Default
8.1 Without Cause. The Town may terminate this Contract at its sole discretion on thirty
(30) calendar days' notice when in the best interests of the Town but not solely for the
purposes of seeking a better price for collection of transportation services for the
disposal of solid waste, by providing notice to the Contractor which shall be in writing
and shall be deemed delivered and received when given in person to the Contractor, or
when received by fax, express mail, certified mail return receipt requested, regular mail
postage prepaid or delivered by any other appropriate method evidencing actual receipt
by the Contractor. Upon termination without cause, Contractor will be paid for services
rendered to the date of termination.
8.2 For Cause. If the Contractor is determined by the Town to be in default of any term or
condition of this Contract, the Town may terminate this Contract on thirty (30) days'
notice by providing notice to the Contractor, which shall be in writing and shall be
deemed delivered and received when given in person to the Contractor, or when
received by fax, express mail, certified mail return receipt requested, regular mail
postage prepaid or delivered by any other appropriate method evidencing actual receipt
by the Contractor.
Contract by and between Town of North Andover and JRM Hauling & Recycling Services, Inc. Page 3
8.3 Default. The following shall constitute events of a default under the Contract:
1) any material misrepresentation made by the Contractor to the Town; 2) any failure
to perform any of its obligations under this Contract including, but not limited to
the following: (i) failure to commence performance of this Contract at the time
specified in this Contract due to a reason or circumstance within the Contractor's
reasonable control, (ii) failure to perform this Contract with sufficient personnel
and equipment or with sufficient material to ensure the completion of this Contract
within the specified time due to a reason or circumstance within the Contractor's
reasonable control, (iii) failure to perform this Contract in a manner reasonably
satisfactory to the Town, (iv) failure to promptly re -perform within a reasonable
time the services that were rejected by the Town as unsatisfactory, or erroneous,
(v) discontinuance of the services for reasons not beyond the Contractor's
reasonable control, (vi) failure to comply with a material term of this Contract,
including, but not limited to, the provision of insurance and non-discrimination,
(vii) any other acts specifically and expressly stated in this Contract as constituting
a basis for termination of this Contract, and (viii) failure to comply with any and
all requirements of federal or state law and/or regulations, and Town bylaws and/or
regulations.
9. The Contractor's Breach and the Town's Remedies
Failure of the Contractor to comply with any of the terms or conditions of this Contract shall
be deemed a material breach of this Contract, and the Town of North Andover shall have
all the rights and remedies provided in the Contract documents, the right to cancel, terminate,
or suspend the Contract in whole or in part, the right to maintain any and all actions at law
or in equity or other proceedings with respect to a breach of this Contract, including damages
and specific performance, and the right to select among the remedies available to it by all of
the above.
From any sums due to the Contractor for services, the Town may keep the whole or any part
of the amount for expenses, losses and damages incurred by the Town as a consequence of
procuring services as a result of any failure, omission or mistake of the Contractor in
providing services as provided in this Contract.
10. Liquidated Damages
The Town shall notify the Contractor of each violation of the Contract. It shall be the duty
of the Contractor to take whatever steps may be necessary to remedy the cause of the
complaint. Failure to remedy the cause of the complaint shall be considered a breach of the
Contract and for the purpose of computing damages under the provisions of this section, it is
agreed that the Town may deduct from payments due or to become due the Contractor. The
full listing of liquidated damages appears in an appendix to this Contract. Liquidated
damages shall be determined by the Town, whose decision in the matter shall be final and
binding, unless appealed in writing within five (5) days after notice.
Contract by and between Town of North Andover and JRM Hauling & Recycling Services, Inc. Page 4
11. Statutory Compliance
11.1 This Contract will be construed and governed by the provisions of applicable federal,
state and local laws and regulations; and wherever any provision of the Contract or
Contract documents shall conflict with any provision or requirement of federal, state
or local law or regulation, then the provisions of law and regulation shall control.
Where applicable to the Contract, the provisions of the Massachusetts General Laws
are incorporated by reference into this Contract, including, but not limited to, the
following:
M.G.L. Chapter 30B — Procurement of Goods and Services.
M.G.L. Chapter 30, Sec. 39, et seq: - Public Works Contracts.
M.G.L. Chapter 149, Section 44A, et seq: Public Buildings Contracts.
11.2 Wherever applicable law mandates the inclusion of any term and provision into a
municipal contract, then it shall be understood that this Agreement shall import such
term or provision into this Contract. To whatever extent any provision of this
Contract shall be inconsistent with any law or regulation limiting the power or
liability of cities and towns, such law or regulation shall control.
11.3 The Contractor shall give all notices and comply with all laws and regulations bearing
on the performance of the Contract. If the Contractor performs the Contract in
violation of any applicable law or regulation, the Contractor shall bear all costs
arising therefrom.
11.4 The Contractor shall keep itself fully informed of all existing and future State and
National Laws and Municipal By-laws and Regulations and of all orders and decrees
of any bodies or tribunals having jurisdiction in any manner affecting those engaged
or employed in the work, of the materials used in the work or in any way affecting
the conduct of the work. If any discrepancy or inconsistency is discovered in the
Drawings, Specifications, Scope of Business or Contract for this work in violation of
any such law, by-law, regulation, order or decree, it shall forthwith report the same
in writing to the Town. It shall, at all times, itself observe and comply with all such
existing and future laws, by-laws, regulations, orders and decrees; and shall protect
and indemnify the Town of North Andover, and its duly appointed agents against any
claim or liability arising from or based on any violation whether by it or its agents,
employees or subcontractors of any such law, by-law, regulation or decree.
12. Conflict of Interest
Both the Town and the Contractor acknowledge the provisions of the State Conflict of
Interest Law (General Laws c. 268A), and this Contract expressly prohibits any activity
which shall constitute a violation of that law. The Contractor shall be deemed to have
investigated the application of M.G.L. c. 268A to the performance of this Contract; and by
Contract by and between Town of North Andover and JRM Hauling & Recycling Services, Inc. Page 5
executing the Contract documents the Contractor certifies to the Town that neither it nor its
agents, employees, or subcontractors are thereby in violation of General Laws Chapter 268A.
13. Certification of Tax Compliance
This Contract must include a certification of tax compliance by the Contractor, as required
by General Laws c. 62C, Section 49A (Requirement of Tax Compliance by All Contractors
Providing Goods, Services, or Real Estate Space to the Commonwealth or Subdivision).
14. Affirmative Action: Non -Discrimination
The Contractor will carry out the obligations of this Contract in full compliance with all of
the requirements imposed by or pursuant to General Laws c. 151B (Law Against
Discrimination) and any executive orders, rules, regulations, and requirements of the
Commonwealth of Massachusetts as they may from time to time be amended.
The Contractor shall comply with all federal and state laws, rules and regulations promoting
fair employment practices or prohibiting employment discrimination and unfair labor
practices and shall not discriminate in the hiring of any applicant for employment nor shall
any qualified employee be demoted, discharged or otherwise subject to discrimination in the
tenure, position, promotional opportunities, wages, benefits or terms and conditions of their
employment because of race, color, national origin, ancestry, age, sex, religion, disability,
handicap, sexual orientation or for exercising any rights afforded by law.
15. Condition of Enforceability Against the Town
This Contract is only binding upon, and enforceable against, the Town if: (1) the Contract
is signed by the Town Manager or its designee; and (2) endorsed with approval by the Town
Accountant as to appropriation or availability of funds; and (3) endorsed with approval by
the Town Counsel as to form
16. Corporate Contractor
If the Contractor is a corporation, it shall endorse upon this Contract (or attach hereto) its
Clerk's Certificate or if a Limited Liability Corporation, a Manager's Certificate or other
documentation satisfactory to the Town certifying the corporate capacity and authority of the
party signing this Contract for the corporation. Such certificate shall be accompanied by a
letter or other instrument stating that such authority continues in full force and effect as of
the date the Contract is executed by the Contractor. This Contract shall not be enforceable
against the Town of North Andover unless and until the Contractor complies with this
section.
The Contractor, if a foreign corporation, shall comply with the provisions of the General
Laws, c. 181, §3, and any Acts and Amendments thereof, and in addition thereto, relating to
the appointment of the Commissioner of Corporations as its attorney, shall file with the
Commissioner of Corporations a Power of Attorney and duly authenticated copies of its
Contract by and between Town of North Andover and 7RM Hauling & Recycling Services, Inc. Page 6
Charter or Certificate of Incorporation; and said Contractor shall comply with all the laws of
the Commonwealth.
17. Liability of Public Officials
To the full extent permitted by law, no official, employee, agent or representative of the
Town of North Andover shall be individually or personally liable on any obligation of the
Town under this Contract.
18. Indemnification
The Contractor shall indemnify, defend and save harmless the Town, the Town's officers,
attorneys, agents and employees, from and against any and all damages, liabilities, actions,
suits, proceedings, claims, demands, losses, costs, expenses, recoveries and judgments of
every nature and description (including reasonable attorneys' fees) that may arise in whole
or in part out of or in connection with the work being performed or to be performed, or out
of any act or omission by the Contractor, its employees, agents, subcontractors, material men,
and anyone directly or indirectly employed by any of them or anyone for whose acts any of
them may be liable, regardless of whether or not it is caused in part by any party indemnified
hereunder. The Contractor further agrees to reimburse the Town for damage to its property
caused by the Contractor, its employees, agents, subcontractors or material men, and anyone
directly or indirectly employed by any of them or anyone for whose acts any of them may be
liable, including damages caused by his, its' or their use of faulty, defective, or unsuitable
material or equipment, unless the damage is caused by the Town's gross negligence or willful
misconduct. The existence of insurance shall in no way limit the scope of the Contractor's
indemnification under this contract.
19. Workers Compensation Insurance
The Contractor shall provide by insurance for the payment of compensation and the
furnishing of other benefits under Chapter 152 of the General Laws of Massachusetts (The
Worker's Compensation Act) to all employees of the Contractor who are subject to the
provisions of Chapter 152 of the General Laws of Massachusetts.
Failure to provide and continue in force such insurance during the period of this Contract
shall be deemed a material breach of this Contract, shall operate as an immediate termination
thereof, and the Contractor shall indemnify the Town for all losses, claims, and actions
resulting from the failure to provide the insurance required by this Article.
The Contractor shall furnish to the Town evidence of such insurance prior to the execution
of this Contract in a form satisfactory to the Town before the same shall be binding on the
parties thereto, except if specifically waived by the Town.
19.1 The Contractor further understands and agrees that in rendering services to the town
under this Contract that the Contractor is an independent contractor and not an
employee of the Town, that the Contractor is not covered by the Town's Workers'
Contract by and between Town of North Andover and JRM Hauling & Recycling Services, Inc. Page 7
Compensation, or liability insurance, that the Contractor shall not make any claim
against the Town, its officers, agents and employees and that the Contractor
indemnifies, holds harmless, and releases the Town from any claims of the Contractor
or of any other party that may arise in whole or in part out of or in connection with
the work being performed by the Contractor.
20. Documents, Materials, Etc.
Any materials, reports, information, data, etc. given to or prepared or assembled by the
Contractor under this Contract are to be kept confidential and shall not be made available to
any individual or organization by the Contractor (except agents, servants, or employees of
the Contractor) without the prior written approval of the Town, except as otherwise required
by law. The Contractor shall comply with the provisions of Chapter 66 and Chapter 66A of
the General Laws of Massachusetts as they relates to public documents, and all other state
and federal laws and regulations relating to confidentiality, security, privacy and use of
confidential data.
Any materials produced in whole or in part under this Contract shall not be subject to
copyright, except by the Town, in the United States or any other country. The Town shall
have unrestricted authority to, without payment of any royalty, commission, or additional fee
of any type or nature, publicly disclose, reproduce, distribute and otherwise use, and
authorize others to use, in whole or in part, any reports, data or other materials prepared under
this Contract.
All data, reports, programs, software, equipment, furnishings, and any other documentation
or product paid for by the Town shall vest in the Town. The Contractor shall at all times,
during or after termination of this Contract, obtain the prior written approval of the Town
before making any statement bearing on the work performed or data collected under this
Contract to the press or issues any material for publication through any medium.
21. Confidentiality
The Contractor shall comply with M.G.L. c. 66A if the Contractor becomes a "holder" of
"personal data". The Contractor shall also protect the physical security and restrict any
access to personal or other Town data in the Contractor's possession, or used by the
Contractor in the performance of this Contract, which shall include, but is not limited to the
Town's public records, documents, files, software, equipment or systems.
22. Record -Keeping and Retention, Inspection of Records
The Contractor shall maintain records, books, files and other data as specified in this Contract
and in such detail as shall properly substantiate claims for payment under this Contract, for
a minimum retention period of seven (7) years beginning on the first day after the final
payment under this Contract, or such longer period as is necessary for the resolution of any
litigation, claim, negotiation, audit or other inquiry involving this Contract. The Town shall
have access during the Contractor's regular business hours and upon reasonable prior notice,
Contract by and between Town of North Andover and JRM Hauling & Recycling Services, Inc. Page 8
to such records, including on-site reviews and reproduction of such records at a reasonable
expense.
23. Assignment
The Contractor shall not assign or delegate, in whole or in part or otherwise transfer any
liability, responsibility, obligation, duty or interest under this Contract without the written
approval of the Town.
24. Subcontracting By Contractor
Any subcontract entered into by the Contractor for the purposes of fulfilling the obligations
under this Contract must be in writing, authorized in advance by the Town and shall be
consistent with and subject to the provisions of this Contract. Subcontracts will not relieve
or discharge the Contractor from any duty, obligation, responsibility or liability arising under
this Contract. The Town is entitled to copies of all subcontracts and shall not be bound by
any provisions contained in a subcontract to which it is not a party.
25. Risk of Loss
The Contractor shall bear the risk of loss for any Contractor materials used for this Contract
and for all deliveries, and personal or other data which is in the possession of the Contractor
or used by the Contractor in the performance of this Contract until possession, ownership
and full legal title to the deliverables are transferred to and accepted by the Town.
26. Minimum Wage/Prevailing Wage
The Contractor will carry out the obligations of this Contract in full compliance with all of
the requirements imposed by or pursuant to General Laws c151, § 1, et seq. (Minimum Wage
Law) and any executive orders, rules, regulations, and requirements of the Commonwealth
of Massachusetts as they may from time to time be amended. The Contractor will at all times
comply with the wage rates as determined by the Commissioner of the Department of Labor
and Industries, under the provisions of General Laws c149, §§26 to 27D (Prevailing Wage
Law), as shall be in force and as amended. The Contractor will, in addition to any other
submissions required by the Prevailing Wage Law, submit certified weekly payrolls to the
Town with the information described in General Laws c149, §27B.
27. Audit, Inspection and Recordkeeping
At any time during normal business hours, and as often as the Town may deem it reasonably
necessary, there shall be available in the office of the Contractor for the purpose of audit,
examination, and/or to make excerpts or transcript all records, contracts, invoices, materials,
payrolls, records of personnel, conditions of employment and other data relating to all
matters covered by this Agreement.
Contract by and between Town of North Andover and JRM Hauling & Recycling Services, Inc. Page 9
28. Payment
The Town agrees to make all reasonable efforts to pay to the Contractor the sum set forth in
the Contractor's bid or proposal within thirty (30) days of receipt of an invoice detailing the
work completed and acceptance from the Town of the work completed.
29. Waiver and Amendment
Amendments, or waivers of any additional term, condition, covenant, duty or obligation
contained in this Contract may be made only by written amendment executed by all
signatories to the original Contract, prior to the effective date of the amendment.
To the extent allowed by law, any conditions, duties, and obligations contained in this
Contract may be waived only by written agreement by both parties.
Forbearance or indulgence in any form or manner by a party shall not be construed as a
waiver, nor in any manner limit the legal or equitable remedies available to that party. No
waiver by either party of any default or breach shall constitute a waiver of any subsequent
default or breach of a similar or different matter.
30. Forum and Choice of Law
This Contract and any performance herein shall be governed by and be construed in
accordance with the laws of the Commonwealth of Massachusetts. Any and all proceedings
or actions relating to subject matter herein shall be brought and maintained in the courts of
the Commonwealth of Massachusetts, which shall have exclusive jurisdiction thereof. This
paragraph shall not be construed to limit any other legal rights of the parties.
31. Notices
Any notice permitted or required under the provisions of this Contract to be given or served
by either of the parties hereto upon the other party hereto shall be in writing and signed in
the name or on the behalf of the party giving or serving the same. Notice shall be deemed to
have been received at the time of actual service or three (3) business days after the date of a
certified or registered mailing properly addressed. Notice to the Contractor shall be deemed
sufficient if sent to the address set forth in the Contract and to the Town of North Andover
by being sent to the Town Manager, Town Hall, 120 Main Street, North Andover,
Massachusetts 01845.
32. Binding on Successors
This Contract shall be binding upon the Contractor, its assigns, transferees, and/or successors
in interest (and where not corporate, the heirs and estate of the Contractor).
Contract by and between Town of North Andover and JRM Hauling & Recycling Services, Inc. Page 10
33. Complete Contract
This instrument, together with its endorsed supplements, and the other components of the
contract documents, constitutes the entire contract between the parties, with no agreements
other than those incorporated herein.
34. Contractor Certifications
34.1 By signing this contract, the Contractor certifies under the penalties of perjury that
pursuant to General Laws c62C §49A, the Contractor has filed all state tax returns,
paid all taxes and complied with all laws of the Commonwealth relating to taxes; and
that pursuant to General Laws c 151 A, §19A, the Contractor has complied with all
laws of the Commonwealth relating to contributions and payments in lieu of
contributions.
34.2 By signing this contract, the Contractor certifies under the penalties of perjury that
this contract has been obtained in good faith and without collusion or fraud with any
other person. As such in this certification, the word "person" shall mean any natural
person, business, partnership, corporation, union, committee, client or other
organization, entity or group of individuals.
34.3 Qualifications. The Contractor certifies it is qualified and shall at all times remain
qualified to perform this Contract, that performance shall be timely and meet or
exceed industry standards for the performance required, including obtaining requisite
licenses, registrations, permits, resources for performance, and sufficient
professional, liability, and other appropriate insurance to cover the performance. If
the Contractor is a corporation, the Contractor certifies that it is in good standing with
the office of the Secretary of State. If the Contractor is a foreign business, the
Contractor certifies that it is listed under the Secretary of State's website as licensed
to do business in Massachusetts, as required by law.
34.4 Business Ethics and Fraud, Waste and Abuse Prevention. The Contractor certifies
that performance under this Contract, in addition to meeting the terms of the Contract,
will be made using ethical business standards and good stewardship of taxpayer and
other public funding and resources to prevent fraud, waste and abuse.
34.5 Debarment. The Contractor certifies that neither it nor any of its subcontractors are
currently debarred or suspended by the federal or state government under any law or
regulations including, Executive Order 147, M.G.L. c. 29, §29F, M.G.L. c. 30, §39R,
M.G.L. c. 149, §27C, M.G.L. c. 149, §44C, M.G.L. c. 149, § 148B and M.G.L. c. 152,
§25C.
Contract by and between Town of North Andover and JRM Hauling & Recycling Services, Inc. Page I I
35. Additional Provisions:
35.1 Applicable to Contracts for the Procurement of Goods
35.1.1 "Goods" shall mean Goods, Supplies, or Materials, as described in the
Contract.
35.1.2 Change Orders:
Change orders for contracts subject to M.G.L. c. 30B may not increase the total
contract price by more than twenty-five (25.0%) percent and shall be in compliance
with Massachusetts General Laws c. 30B, § 13.
This Contract for purchase includes the following delivery, installation or setup
requirements:
35.2 Applicable to Contracts for Services
35.2.1 "Services" shall mean furnishing of labor, time, or effort by the Contractor.
This term shall not include employment agreements, collective bargaining
agreements, or grant agreements.
35.2.2 Change Orders:
Change orders for contracts subject to Massachusetts General Laws c. 30B
may not increase the total contract price by more than twenty-five (25%) per
cent and shall be in compliance with Massachusetts General Laws c. 30B,
§13.
35.2.4 Insurance:
The Contractor shall obtain and maintain the following insurance:
35.2.4.1 Workers Compensation Insurance of the scope and amount required
by the laws of the Commonwealth of Massachusetts.
35.2.4.2 Broad Form Commercial General Liability coverage with limits of
at least $1 Million per occurrence and $2 Million aggregate, and
which shall cover bodily injury, death, or property damage arising
out of the work.
35.2.4.3 Automobile Liability Coverage, including coverage for owned,
hired, or borrowed vehicles with limits of at least $1 Million per
person, and $1 Million per accident. The intent of the Specifications
Contract by and between Town of North Andover and JRM Hauling & Recycling Services, Inc. Page 12
regarding insurance is to specify minimum coverage and minimum
limits of liability acceptable under the Contract. However, it shall
be the Contractor's responsibility to purchase and maintain
insurance of such character and in such amounts as will adequately
protect it and the Town from and against all claims, damages, losses
and expenses resulting from exposure to any casualty liability in the
performance of the work.
35.2.4.3 All required insurance shall be certified by a duly authorized
representative of the insurers on the "MIIA" or "ACORD"
Certificate of Insurance form incorporated into and made a part of
this agreement. Properly executed certificates signifying adequate
coverage in effect for the duration of the contract with renewal
certificates issued not less than 30 days prior to expiration of a
policy period, must be submitted to the Town prior to
commencement of this Contract.
35.2.4.4 The Town shall be named as an additional insured on the above
referenced liability policies, and the Contractor's insurance shall be
the primary coverage. The cost of such insurance, including required
endorsements or amendments, shall be the sole responsibility of the
Contractor.
35.2.4.5 Contractual liability must recognize the indemnities contained in
this Agreement.
35.2.4.6 Coverages are to be maintained for a period of two (2) years after
final payment.
35.2.4.7 The Contractor shall maintain all required insurance in full force and
effect as required by this Contract or the Contractor shall be in
material breach hereof.
Contract by and between Town of North Andover and JRM Hauling & Recycling Services, Inc. Page 13
IN WITNESS WHEREOF the parties have hereto and to two other identical instruments set
forth their hands the day and year first above written.
THE TOWN
Di sion/Department Head
THE CONTRACTOR
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Company Name
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Town Manager Date 6qSignature Date
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Print Name & Title
Federal Identification
No.: 69-324.9°II`i'
APPROVED AS TO FORM:
511) -7
own Counsel Date
CERTIFICATION AS TO AVAILABILITY OF FUNDS:
Town Ac v untant Date
Contract by and between Town of North Andover and JRM Hauling & Recycling Services, Inc. Page 14
APPENDIX: LIQUIDATED DAMAGES
1. Failure to immediately pick up materials spilled during
$150 per occurrence
collection
2. Failure to promptly, within two hours, pick up waste spilled
$500 per occurrence
during haul if the Town receives a complaint of such spill
3. Failure to clean up areas after trash pickup has been missed
$100 per occurrence
4. Failure to empty dumpsters as designated by contract
$100 per occurrence
5. Willful mishandling of waste receptacles
$25 per occurrence
6. Failure to place waste receptacles in an upside down position
$25 per occurrence
at approximately the same location upon emptying
7. Placement of waste receptacles and/or lids such that they
$50 per occurrence
obstruct roads, sidewalks or driveways
8. Following notice of complaint, failure to collect waste from
$150 per occurrence
a specific street or location on the same day as the regular
collection route or by 9:00 a.m. of the following day, if so
authorized by the DPW Director or his designee
9. Failure to collect appropriate materials properly set out from
$100 per occurrence
two (2) or more residents on the same day as the regular
collection route or by 9:00 a.m. of the following day, if so
authorized by the DPW Director or his designee
10. Failure to pick up from any single address more than one (1)
$100 per miss
time in a given 30 -day period or three (3) times in a 180 -day
period when the Contractor is at fault
11. Continued violation of traffic laws, bylaws, or regulations
$250 per occurrence
during collection and/or haul, after written notice to correct
from Town
12. Beginning any single collection route prior to 7:00 a.m. or
$100 per occurrence
finishing after 5:00 p.m., without prior consent of the DPW
Director or his designee
13. Use of unmarked or uninspected collection vehicles
$500 per occurrence
14. Failure to clean vehicle or conveyance as provided for in this
$150 per occurrence
Contract
15. Failure or neglect to furnish (within 48 hours of notice) a
$200 per occurrence
replacement container meeting the requirements of this
Contract
16. Disposing of as recyclables, those trash materials
$500 per occurrence
appropriately set out for trash pick-up
$5,000 per truckload
17. Disposing of as trash, those recyclables appropriately set out
$500 per occurrence
for recycling pick-up
$5,000 per truckload
Contract by and between Town of North Andover and JRM Hauling & Recycling Services, Inc. Page 15
ADDENDUM TO CONTRACT
COLLECTION & TRANSPORTATION
FOR DISPOSAL OF SOLID WASTE
I. DEFINITIONS
A. Holidays: New Year's Day, Martin Luther King Day, Presidents' Day, Patriots' Day,
Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day,
Thanksgiving Day, and Christmas Day
B. Town: Town of North Andover, Massachusetts
C. Municipal Solid Waste or (MSW): Any residential or commercial solid waste. As defined
in 310 CMR 19.06.
D. Department of Public Works (DPW): Director of DPW/staff of North Andover
E. Contractor: JRM Hauling & Recycling Services, Inc. ("JRM")
F. Curbside: The area along the street line of a parcel of land containing thereon a structure
and immediately adjacent to the gutter line of the traveled way whether curbed or not, and
whether curbed or not, such way is public way or private way open to the public to pass
and re -pass, so called.
G. Hazardous Waste: Shall mean waste which is defined or listed as a hazardous waste in the
Solid Waste Disposal Act (42 USC 3251), as amended, and all regulations promulgated
thereunder, or waste which is defined or listed as hazardous waste in other applicable
federal, state or local statutes or ordinances and all amendments thereto, and all regulations
promulgated thereunder. The term "Hazardous Waste" will be construed to have the
broader, more encompassing definition where there exists a conflict in the definitions
employed by two or more governmental agencies or units having concurrent or overlapping
jurisdiction over Hazardous Waste.
H. Non -acceptable Waste: Shall mean Hazardous Waste, Medical Waste Construction Debris
and Motor vehicle and motor vehicle parts and large machinery, including but not limited
to, in whole or in part, any of the following: transmissions, auto hulks, engine blocks,
fenders, heavy machinery, skimobiles, motorcycles, riding lawnmowers and tractors,
manufacturing wastes, paint and explosives.
I. Residential MSW: Solid Waste Placed curbside by occupants of residential units that place
their solid waste as described in these specifications.
J. Residence: Any structure or part thereof used as a dwelling place for humans, including
single family residences, duplex residences, apartment houses and multi -family dwellings
containing fewer than nine (9) living units, with the sole exceptions of Village Green East
Addendum to Contract — Collection & Transportation for Disposal of Solid Waste
condominiums which contains nine (9) dwelling units, and the owner -occupied Town
Houses of Andrew Circle.
K. Bulk Item: Shall mean household furniture and furnishings; rolled rugs cut in five (5) foot
lengths, rolled and tied; and similar items not fitting into 35 gallon bag/barrel because of
their size or bulk, but which are otherwise Acceptable Waste and are loadable by JRM. No
bulk item shall exceed one hundred fifty (15 0) pounds in weight. Bulk Items include, but
are not limited to chairs, stuffed chairs, mattresses, box springs, cabinet, table, boxes, and
lumber cut in 4' lengths and tied in a bundle. No White Goods, Appliances and/or CRTs
will be accepted for curbside collection.
L. Missed Collection: A properly prepared set out, on a regularly scheduled collection day
for that Service Area, that is set out before the collection vehicle services that area (during
designated hours of operation) that is not picked up by the Contractor.
M. Recyclables: All of the currently collected materials listed as Designated Recyclables.
N. Recycling Container: A receptacle used for recycling. For the purposes of curbside
collection, a container shall mean a receptacle constructed of plastic, metal, or fiberglass,
having handles or construction to provide adequate strength for lifting. The mouth of the
container for curbside collection of recycling shall have a diameter greater than or equal to
that of the base. The weight of the container and its contents shall not exceed 50 pounds.
O. Refuse Container: Container used for the set out of refuse and conforming to the
specifications provided.
P. Refuse: Solid Waste/Trash.
Q. Service Area: The area within the Town in which collection service is provided by the
Contractor.
R. Service Recipient: Those customers who shall receive collection services under this
contract as specified in.
S. Yard Waste: Shall mean household and municipal yard waste including leaves, grass
clippings, wood chips, shrub trimming and plant cuttings less than three (3) feet in length
and having a diameter of less than three (3) inches.
II. COLLECTION SERVICES
A. Scope of Services
1. General Provisions: The Contractor will collect all Acceptable Waste, and dispose
of these materials at the Town's designated disposal facility in compliance with all
applicable laws.
Addendum to Contract — Collection & Transportation for Disposal of Solid Waste 2
2. Area of Service: The Contractor will collect and transport from all Service
Recipients located within the Town limits as determined by the DPW.
3. Solid Waste/Bulky Items Collection, Transportation & Disposal: Includes the
collection and transportation to the Wheelabrator North Andover facility in North
Andover, MA. Collection of municipal solid waste shall be made from every single
residence in North Andover, from each unit of any apartment house, or multi -family
dwelling which contains up to a maximum of six (6) dwelling units, with the sole
exception of the Village Green East Condominiums (which contains nine (9) dwelling
units), and the owner occupied townhouses of Andrew Circle, and, at the direction of
the DPW, from each building used for commercial business or industrial purposes
where the amount of refuse produced is no more than eight (8) 30 -gallon barrels at
curbside throughout the life of the contract. In addition to regular weekly household
solid waste, each residence may place curbside bulky items on a weekly scheduled
basis. No White Goods, Appliance and CRTs will be accepted for curbside collection,
Without limiting the generality of the preceding paragraph, the Town, at its sole option,
may implement a Waste Collection Management System, or pay -as -you -throw system
whereby the amount of solid waste authorized to be collected by the contractor each
week is readily and objectively identifiable by the Contractor and its employees, or to
otherwise limit to quantity or type of material to be collected by the Contractor each
week.
4. Change in Service Recipients: The Contractor shall provide collection services to all
residents in the service area during the term of this contract, at no change in the contract
cost
5. Collection Frequency: The Contractor must collect Refuse on a weekly basis, on a
scheduled route basis,
6. Collection Procedures: The Contractor shall collect all of the Refuse placed out
for collection by Service Recipients. Missed collections shall be handled as provided
in Section F.
7. Manner of Collection: The Contractor shall carefully handle all containers used to
set out Refuse. Containers shall be thoroughly emptied. Empty containers shall be left
upside down in the approximate place where found with any covers or lids placed on
the ground next to the container. Containers shall not be bent, thrown or otherwise
abused. Any type of container found in a rack, cart, or enclosure of any kind shall be
returned upright to it with covers placed on the container. Containers shall not be placed
in driveways, in front of mailboxes, in the street, gutter, on sidewalks, or in any other
way that interferes with traffic or mail delivery service.
8. Litter Prevention and Spill Clean Up: The Contractor agrees to operate collection
vehicles in such a manner to prevent materials from being blown from the vehicle. If,
at any time during collection and transport, materials are spilled onto a street, sidewalk,
Addendum to Contract — Collection & Transportation for Disposal of Solid Waste
or private property, the Contractor shall clean up and place in the collection vehicle all
materials before the vehicle proceeds to the next stop on the collection route or shall
promptly make all other necessary arrangements for the immediate clean-up of spilled
materials.
9. Interruption of Service: The Contractor must not interrupt the regular schedule and
quality of service because of street repairs or closures unless prior approval of such
schedule change is given by the DPW.
10. Set -Out Procedures: Residents shall place Refuse into Refuse Containers and place
containers at curbside for collection. Overflow material shall be placed adjacent to the
refuse container(s) in plastic garbage bags or other easily handled container. The
Contractor must collect all refuse that is set out in this manner and placed curbside.
Refuse shall be set out in a manner that will not interfere with or endanger the
movement of vehicles or pedestrians. When construction work is being performed in
the right-of-way, refuse shall be placed as close as practicable to an access point for the
collection vehicle. The Contractor may decline to collect any refuse not set out in
accordance with this Paragraph.
11. Location of Disposal Facility: The Contractor must transport to and unload refuse at
the Wheelabrator North Andover facility located on Holt Road, North Andover.
12. Hazardous Materials and Banned Items: All hazardous materials, as herein defined,
shall not be collected under this Contract and include but are not limited to:
a. gasoline and waste oil containers
b. batteries - wet cell
c. tires
d. explosives
e. propane tanks and gas cylinders
f. PCB's and radioactive waste containers
g. other DEP - waste ban items
h. ashes
i. medical waste (commercial)
13. Yard Waste Collection: The Contractor shall provide seven (7) weeks of yard waste
collection from residents. Yard Waste shall be collected on a schedule mutually
determined by the DPW and the Contractor. The Contractor shall be required to collect
yard waste only if it is placed in yard waste paper bags or bulk containers no larger than
35 gallons clearly marked "yard waste". The Contractor shall not collect yard waste in
plastic bags. The Contractor shall deliver the collected yard waste to the Town of North
Andover's composting facility located on Sharpeners Pond Road.
B. Provisions of Containers/Bags
(Section Reserved)
Addendum to Contract — Collection & Transportation for Disposal of Solid Waste
C. Collection Schedule
1. Scheduling Collection: Collections shall be made from Service Recipients on a
regular schedule on the same day each week in accordance with the routes as specified.
Public schools or municipal facilities collection shall be made at designated pickup
points. The Contractor shall not collect and/or transport solid waste or collect and/or
transport and process bulky items from industries or establishments not utilizing
curbside service while collecting and transporting the above-mentioned materials on
behalf of the Town.
2. Hours of Collection: Collection services shall be made'between the hours of 7:00 AM
and 5:00 PM. Collection services shall not be provided at any other time, unless the
DPW authorizes a temporary extension of hours.
3. Collection Frequency - Solid Waste: The Contractor shall collect from all residences
and eligible commercial industrial buildings with curbside collection once a week, and
from public schools and other municipal facilities as needed, but not less than once per
week. The Contractor supplied containers at public schools and municipal facilities are
to be emptied per a schedule agreed upon by DPW. The waste containers supplied by
the Contractor shall be of a size approved by the DPW. If the size of containers is
deemed inappropriate by DPW, the Contractor shall provide an appropriate container
and/or additional containers and/or increase the frequency of collections to provide
sufficient disposal capability. Covers shall be capable of being secured by a padlock or
other locking device. Contractor shall reserve for the use of the Town at special events
or for additional or new facilities added during the term of this contract at least five (5)
additional containers. The Contractor shall maintain all containers in a safe and sanitary
condition and shall replace any container reported to it by DPW. The frequency of
collection as agreed upon is a minimum. This schedule is an approximate schedule and
may be subject to minor adjustments. More frequent pickups may be required during
the school year. The Contractor shall not allow full containers at schools or other
municipal facilities to go uncollected on weekends or holiday periods.
4. Collection Frequency - Bulky Items: JRM shall collect one (1) Bulk Item per
household unit per week. Bulk Items shall be clearly marked as being intended for
collection and shall be placed on the curbside no later than 7:00 AM on the day
designated for collection.
5. Route Collection: The Contractor shall schedule regular curbside collection of solid
waste from residences to coincide with the Town collection of recyclable materials and
textile recyclables such that residents shall have all collections on the same day of the
week. The omission of any public street or private street open to the public shall not be
cause for the Contractor to fail to collect material from omitted streets. Any proposed
changes in the route collection system must be approved by DPW prior to taking effect.
All materials shall be collected only during the regularly scheduled collection.
Addendum to Contract — Collection & Transportation for Disposal of Solid Waste
6. Changes to Schedule: Scheduled collection days may not be changed by the
Contractor without DPW's prior written approval. The DPW may make schedule
changes no more than one time per Service Recipient during each year of the contract.
If the Town wishes to change the collection day, the Town will provide written
notification to the Contractor no less than 60 days prior to initiation of the change. Prior
to April 1St of each year of the Contract, Contractor may request for changes in
collection schedules. The Town and DPW shall review and act upon such requests in a
timely manner. If a schedule change is made or approved by the Town, the Contractor
must distribute written notices (by mail and door-to-door), at the Contractor's expense,
to each affected Service Recipient. The notice must be approved by the Town prior to
distribution and must be distributed to each affected dwelling unit at least two (2) weeks
and not more than four (4) weeks in advance of the effective day of change.
7. Weather: Only hazardous weather conditions will be considered sufficient cause for
cancellation of scheduled collection. Collection of the omitted routes shall be resumed
as soon as possible without further disruption to the remainder of the collection
schedule. Permission of the Town must be obtained before cancellation of collection is
allowed.
D. Holidays and Make -Up Collection
1. Holidays: The Contractor shall not be required to perform any service under this
Agreement on these listed Holidays:
New Year's Day Labor Day
Martin Luther King Jr. Day Columbus Day
Presidents' Day Veterans' Day
Patriots' Day Thanksgiving Day
Memorial Day Christmas Day
Independence Day
Following all Holidays, each Service Recipient shall receive collection service on the
day following its normally scheduled collection with the week's work to be finished by
Saturday.
For a Monday holiday, Monday through Friday collections shall be rescheduled for
Tuesday through Saturday. For a Tuesday holiday, Tuesday through Friday collections
shall be rescheduled for Wednesday through Saturday. For a Wednesday holiday,
Wednesday through Friday collections shall be rescheduled for Thursday through
Saturday. For a Thursday holiday, Thursday and Friday collections shall be rescheduled
for Friday and Saturday. For a Friday holiday, Friday collection shall be rescheduled
for Saturday.
2. Make-up Collection: In the event that collection services are interrupted as provided
in Section II -A-9, the Contractor shall perform a make-up collection service in the
affected area specifically approved in advance in writing by DPW. The make-up
Addendum to Contract — Collection & Transportation for Disposal of Solid Waste 6
collection shall accept all bags, boxes, and temporary receptacles that Service
Recipients may have used for overflow. Should the Contractor fail to make collection
on a scheduled day for other causes within the Contractor's control, the Contractor shall,
within 24 hours, perform a special collection without charge to the Town or the
customer.
E. Special Collection Services
(Section Reserved)
F. Missed Collections and Complaints
1. The failure of the Contractor to collect Refuse that has been properly prepared and set
out by a Service Recipient shall be considered a Missed Collection. Complaints
regarding Contractor's performance of collection services may include, but are not
limited to:
a. Failure to respond to Missed Collections within the specified time
constraints;
b. Continued and repeated misses of a particular household, street, or
subdivision;
c. Continued misuse and/or mishandling of materials and bins;
d. Damage to personal property;
e. Failure to obey traffic regulations;
f. Discourteous treatment of customer
If a Missed Collection or complaint is reported to the Contractor before 3:00 PM, the
Contractor shall collect Missed Collection or resolve complaint on the same day. If a
Missed Collection or complaint is reported to the Contractor after 3:00 PM, Contractor
shall collect Missed Collection or resolve complaint by 12:00 Noon on the next
working day.
Service Recipients shall be instructed to report Missed Collections and complaints to
DPW. The DPW shall verify whether a Missed Collection or complaint may have
occurred and forward the call directly to the Contractor. The Contractor shall give
prompt and courteous attention to all reported Missed Collections and complaints. The
Contractor shall maintain a daily log of all Missed Collections and complaints
including the address of Service Recipient, time of call, and time when collection was
made. The log shall be submitted monthly to DPW in a format specified by DPW.
2. Care of Citizens' and Municipal Property: The Contractor shall handle all containers
with care so they will not be damaged. Once the containers are emptied, they should be
left in the approximate place where found. When in the judgment of the DPW
containers belonging to residents or the Town are damaged or destroyed by employees
of the Contractor, such containers shall be replaced forthwith by the Contractor. The
Contractor shall take adequate precautions to protect all residential and municipal
Addendum to Contract — Collection & Transportation for Disposal of Solid Waste 7
property from any damage and shall be responsible for any such damage caused as a
result of this service.
(Section Reserved)
G. Equipment
General Provisions: The Contractor will provide equipment in new condition, no
older than five (5) years at the start of the contract and will maintain all vehicles used
pursuant to this contract in this condition throughout the term of this contract. The
Contractor is responsible for the purchase and/or leasing vehicles no older than five (5)
years as necessary to adequately perform the contractual duties specified in the
Contract. The Contractor is further responsible for maintenance and repair of all
vehicles and equipment necessary to adequately and efficiently perform the contractual
duties specified in this Contract.
Upon execution of this contract and every anniversary year thereafter, the Contractor
shall provide to Town a list of equipment to be used by the Contractor to provide the
services covered by this Contract. The list shall contain, at a minimum, vehicle
identification number, license number, make and model, model year, years in service,
front line or backup, payload capacity, and date of purchase or initial lease. The Town
shall have the right to inspect equipment and vehicles used in the performance of this
contract during the Contractor's regular business hours.
The Town shall have the power at any time to order the Contractor to increase the
number of vehicles, if in its judgment an increase is necessary for the fulfillment of the
Contract. If upon receipt of such order, the Contractor fails to comply with such order
within ninety (90) days, such failure shall constitute a breach of the Contract, and the
Contractor shall forfeit in the form of liquidated damages the sum of one hundred
($100.00) dollars for each day that the Contractor fails to comply with such order. Said
penalty is to be imposed for each additional truck ordered by the Town but not placed
in service by the Contractor.
Bodies for the trucks to be used in the collection and transportation of solid waste shall
be enclosed packer type with a capacity of not less than 25 cubic yards by actual
measurement. The bodies shall be watertight, readily cleanable and sanitary, and
capable of being unloaded by dumping or automatic push -out means. The equipment
shall be essentially a standard product of a reputable manufacturer, so that continuing
service and delivery of spare parts may be ensured. The component parts of the unit
need not be a product of the same manufacturer. The body shall be so mounted that
when fully loaded, the axle loading shall fall within the maximum load limit per axle
as prescribed by state law and municipal code. The Contractor shall be permitted to use
auxiliary loading equipment and self -loading bodies.
2. Back -Up Equipment: The Contractor shall maintain sufficient back-up collection
equipment to ensure uninterrupted collection service during the term of this contract.
Addendum to Contract — Collection & Transportation for Disposal of Solid Waste 8
3. Vehicle Condition, Maintenance & Repair: The Contractor shall maintain collection
equipment in a clean condition and in good repair at all times. All parts and systems of
the collection equipment shall operate properly and be maintained in a condition
satisfactory to maintain a positive public image as reasonably determined by the Town.
The Contractor shall maintain a maintenance log for all collection vehicles and
equipment. The log shall at all times be accessible to Town upon request, and shall
show, at a minimum, each vehicle's identification number, dates and description of
routine maintenance performed, and dates and description of additional maintenance
performed.
All vehicles and equipment including back-ups used in the collection and transport of
materials under this contract shall be no older than five (5) years.
4. Vehicle Appearance & Signage: All collection vehicles and equipment shall have
appropriate safety marking including, but not limited to, flashing and warning lights,
and back-up alarms. All safety markings shall be in accordance with Massachusetts
Motor Vehicles Code and shall be subject to approval by Town.
Contractor's name, telephone number and vehicle number shall be visibly displayed on
both sides of all collection vehicles
5. Licenses & Registration: All vehicles must maintain at all times current license and
registration as required by the Massachusetts Registry of Motor Vehicles.
H. Routes
1. Route Data: Collection routes shall be established by the Town.
2. Modifications to Routes: The Town reserves the right to change collection routes or
collection days under this Contract. The Town shall notify the Contractor of any change
in the routes at least sixty (60) calendar days in advance of the effective date of the
change. The Contractor shall notify all affected Service Recipients of the change at
least fourteen (14) calendar days in advance of the effective date of the change. The
Town shall not initiate route changes more than twice in any contract year.
I. Waste Minimization
Nothing in the contract shall restrict the right of the Town to minimize the amount of solid
waste generated in the Town.
Addendum to Contract — Collection & Transportation for Disposal of Solid Waste 9
III. OTHER SERVICES
A. Telephone and Customer Service
The Contractor shall maintain and adequately staff a local toll-free telephone number
where complaints shall be received, recorded and handled between the hours of 7:00 AM
and 5:00 PM on every collection day. All incoming calls shall be answered or sent to a
messaging center within a maximum of four (4) rings. Any call "on -hold" in excess of 11/2
minutes shall be switched to a message center where the Contractor shall maintain
information in a daily log to enable a customer service representative to return customer
calls. All "call backs" shall be attempted a minimum of one time prior to 5:00 PM on the
day of the call. If the caller is not contacted on the first attempt, the Contractor shall make
subsequent attempts on the next working day after the original call.. All attempts to contact
the caller shall be recorded on the log kept by the Contractor.
One local telephone line and cellular telephone must be provided by the Contractor to be
used exclusively for communication between the Contractor's manager for this contract
and the Town. The telephone line shall be equipped with an answering machine or service
capable of receiving calls during non -office hours.
B. Emergency/Other Services
The Contractor shall provide emergency services (i.e. special collection, transport,
processing) at the Town's request in the event of major accidents, disruptions, or natural
calamities. The Contractor shall be capable of providing emergency services within 24
hours of notification by the Town or as soon thereafter as is reasonably practical in light of
the circumstances. Emergency services which exceed the scope of work under this
agreement and which are not compensated as special services in accordance with this
contract shall be compensated through a negotiated agreement between the Contractor and
the Town.
C. Participation in Pilot Studies
In the event that the Town desires to implement a pilot program to test new developments
in collection, materials processing, or solid waste management or to implement an
evaluation of the program operated under this Contract, the Contractor shall enter into good
faith negotiation with the Town to determine procedures, equipment, and costs (if any)
required to implement the program(s). Any additional cost mutually agreed upon by the
Contractor and the Town shall paid to the Contractor. If the cost cannot be agreed to, the
Town may use another entity to implement the pilot program. The Contractor shall
participate in good faith in implementation and operation of pilot and evaluation
program(s) as mutually agreed to with the Town.
Addendum to Contract — Collection & Transportation for Disposal of Solid Waste 10
D. Employee Appearance and Conduct
1. Employee Uniforms: The Contractor must furnish each collector with an appropriate
uniform identifying them as employees of the Contractor. The uniform need not be a
complete set of clothing but must be sufficient to ensure easy identification. The
Contractor's employees are required to wear the uniform at all times while on duty. All
collection employees must wear a reflective safety vest with the name of the Contractor
affixed. Regardless of uniform, shirts must be worn at all times. The Town reserves the
right to approve the uniform furnished by the Contractor.
2. Employee Conduct: All Contractor personnel must maintain a courteous and
respectful attitude toward the public at all times. At no time shall they solicit, request
or receive gratuities of any kind. The Contractor must direct its employees to avoid
loud and/or profane language at all times during the performance of duties. Any
employee of the Contractor who engages in misconduct or is incompetent or negligent
in the proper performance of duties or is disorderly, dishonest, intoxicated, or
discourteous must be removed from service under this contract by the Contractor.
C. Collection Supervision
1. Identification of Key Personnel: Key personnel shall be assigned and remain
responsible for the maintaining the contract throughout the period of the contract. It
shall be the Contractor's responsibility to provide the Town with at least one (1) week
notice in advance of any change of key personnel. In the event of a change, the
replacement must have qualifications equal or better than the prior key personnel.
2. Collection Supervision: The Contractor shall provide a Route Supervisor for every
daily collection route(s). Route Supervisor(s) shall oversee effective completion of
daily collection activities on each route. When a Route Supervisor is performing any
other job than that of a Route Supervisor, the Contractor must supply a substitute Route
Supervisor. If all routes are not fully completed, the Route Supervisor shall inform
Town of the routes that are not completed and advise the Town when the route(s) will
be completed. Each Supervisor must have a two-way radio and a cellular telephone.
The cellular telephone number shall be given to Town. Each collection vehicle shall
be equipped with a two-way radio to allow instant communications between the
collection vehicle, the Contractor's office, and Route Supervisor vehicle.
D. Reports and Record Keeping
1. Weight Receipts: The Contractor shall provide to the Town a monthly, written
accounting of the tonnage collected from the Town and delivered to the Wheelabrator
— North Andover facility, including copies of weight slip receipts.
2. Inspections: The Town reserves the right to inspect the facilities, equipment, personnel
and operations of the Contractor to assure itself of the appearance, sound business
Addendum to Contract — Collection & Transportation for Disposal of Solid Waste 11
operations and compliance with contractual provisions of the contract. The Town
agrees to notify the Contractor at least twenty-four (24) hours prior to such inspections.
E. Performance Review
At the Town's sole discretion, with 30 days written notification to the Contractor, the Town
may conduct a performance review, which may include a public hearing at which
Contractor shall be present, to review Contractor's performance and quality of service and
to provide for evaluation of technological and regulatory changes and their effect on the
services provided under this contract. The reports required by this contract, including but
not limited to those regarding customer complaints, may be utilized as a basis for review.
Such reviews and/or hearings shall be scheduled by the Town at its discretion throughout
the term of this contract.
Within 30 days after conclusion of any such review and/or hearing, the Town will issue a
report on the adequacy and quality of Contractor's performance. If a review not involving
a public hearing is conducted, the Contractor shall be provided an opportunity to meet and
confer with Town staff prior to issuance of the report.
Addendum to Contract — Collection & Transportation for Disposal of Solid Waste 12
CHARLES D. BAKER
Governor
KARYN E. POLITO
Lt. Govemor
Awarding Authority:
Contract Number:
Description of Work:
Job Location:
THE COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF LABOR AND WORKFORCE DEVELOPMENT
DEPARTMENT OF LABOR STANDARDS
Prevailing Wage Rates
As determined by the Director under the provisions of the
Massachusetts General Laws, Chapter 149, Sections 26 to 27H
Town of North Andover
Collection and transportation for disposal of solid waste
Throughout Town
City/Town
Information about Prevailing Wage Schedules for Awarding Authorities and Contractors
RONALD L. WALKER, II
Secretary
WILLIAM D MCKINNEY
Director
NORTH ANDOVER
• This wage schedule applies only to the specific project referenced at the top of this page and uniquely identified by the
"Wage Request Number" on all pages of this schedule.
• An Awarding Authority must request an updated wage schedule from the Department of Labor Standards ("DLS") if it has
not opened bids or selected a contractor within 90 days of the date of issuance of the wage schedule. For CM AT RISK
projects (bid pursuant to G.L. c.149A), the earlier of. (a) the execution date of the GMP Amendment, or (b) the bid for the first
construction scope of work must be within 90 -days of the wage schedule issuance date.
• The wage schedule shall be incorporated in any advertisement or call for bids for the project as required by M.G.L. c. 149,
§ 27. The wage schedule shall be made a part of the contract awarded for the project. The wage schedule must be posted in a
conspicuous place at the work site for the life of the project in accordance with M.G.L. c. 149 § 27. The wages listed on the
wage schedule must be paid to employees performing construction work on the project whether they are employed by the prime
contractor, a filed sub -bidder, or any sub -contractor.
• All apprentices working on the project are required to be registered with the Massachusetts Department of Labor
Standards, Division of Apprentice Standards (DLS/DAS). Apprentice must keep his/her apprentice identification card on
his/her person during all work hours on the project. An apprentice registered with DAS may be paid the lower apprentice
wage rate at the applicable step as provided on the prevailing wage schedule. Any apprentice not registered with DLS/DAS
regardless of whether or not they are registered with any other federal, state, local, or private agency must be paid the
journeyworker's rate for the trade.
• The wage rates will remain in effect for the duration of the project, except in the case of multi-year public construction
projects. For construction projects lasting longer than one year, awarding authorities must request an updated wage schedule.
Awarding authorities are required to request these updates no later than two weeks before the anniversary of the date the
contract was executed by the awarding authority and the general contractor. For multi-year CM AT RISK projects, awarding
authority must request an annual update no later than two weeks before the anniversary date, determined as the earlier of. (a)
the execution date of the GMP Amendment, or (b) the execution date of the first amendment to permit procurement of
construction services. Contractors are required to obtain the wage schedules from awarding authorities, and to pay no less than
these rates to covered workers. The annual update requirement is not applicable to 27F "rental of equipment" contracts.
• Every contractor or subcontractor which performs construction work on the project is required to submit weekly payroll
reports and a Statement of Compliance directly to the awarding authority by mail or email and keep them on file for three years.
Each weekly payroll report must contain: the employee's name, address, occupational classification, hours worked, and wages
paid. Do not submit weekly payroll reports to DLS. A sample of a payroll reporting form may be obtained at
http://www.mass.gov/dols/pw.
• Contractors with questions about the wage rates or classifications included on the wage schedule have an affirmative
obligation to inquire with DLS at (617) 626-6953.
• Employees not receiving the prevailing wage rate set forth on the wage schedule may report the violation to the Fair Labor
Division of the office of the Attorney General at (617) 727-3465.
• Failure of a contractor or subcontractor to pay the prevailing wage rates listed on the wage schedule to all employees who
perform construction work on the project is a violation of the law and subjects the contractor or subcontractor to civil and
Issue Date: 03/01/2017 Wage Request Number: 20170228-015
Classification
Trash/Recycle
Driver
(NORTHANDOVER)
Effective Date Base Wage Health Pension Supplemental Total Rate
Unemployment
09/01/2017
$19.20
$6.28
$0.00
$0.00
$25.48
03/01/2018
$19.75
$6.28
$0.00
$0.00
$26.03
03/01/2019
$20.36
$6.28
$0.00
$0.00
$26.64
Laborer 09/01/2017 $18.55 $6.28 $0.00 $0.00 $24.83
{NORTHANDOVER}
03/01/2018 $19.20 $6.28 $0.00 $0.00 $25.48
03/01/2019 $19.75 $6.28 $0.00 $0.00 $26.03
Additional Apprentice Information:
Minimum wage rates for apprentices employed on public works projects are listed above as a percentage of the pre -determined hourly wage rate established by the
Commissioner under the provisions of the M.G.L. c. 149, ss. 26-27D. Apprentice ratios are established by the Division of Apprenticeship Training pursuant to M.G.L.
c. 23, ss. I IE -I 1L.
All apprentices must be registered with the Division of Apprenticeship Training in accordance with M.G.L. c. 23, ss. 1 IE -11L.
All steps are six months (1000 hours.)
Ratios are expressed in allowable number of apprentices to journeymen or fraction thereof, unless otherwise specified.
** Multiple ratios are listed in the comment field.
*** APP to JM; 1:1, 2:2, 2:3, 3:4, 4:4, 4:5, 4:6, 5:7, 6:7, 6:8, 6:9, 7:10, 8:10, 8:11, 8:12, 9:13, 10:13, 10:14, etc.
**** APP to JM; 1:1, 1:2, 2:3, 2:4, 3:5, 4:6, 4:7, 5:8, 6:9, 6:10, 7:11, 8:12, 8:13, 9:14, 10:15, 10:16, etc.
---------------------------------------------------------------------------------------------------------------------------------------------
Issue Date: 03/01/2017 Wage Request Number: 20170228-015 Page 2 of 2
10 YEAR CONTRACT TERM
Year 1:
$595,000.00
Annually
Year 2:
$595,000.00
Annually
Year 3:
$614,615.00
Annually
Year 4:
$629,981.00
Annually
Year 5:
$642,580.00
Annually
Year 6:
$661,858.00
Annually
Year 7:
$681,713.00
Annually
Year 8:
$702,165.00
Annually
Year 9:
$723,230.00
Annually
Year 10:
$744,927.00
Annually
• Above rates are based on JRM providing manual collection for attached Scope of
Services.
• JRM will provide equipment in new condition (No older than 5 years at start of contract)
and will maintain and all vehicles to remain in this condition for contract term.
• All collection vehicles will be equipped with brooms and shovels. JRM employees will
clean up and spillage that occurs as the result of them dumping resident barrels.
Any residential complaints received before fpm will be handled that day. Anything that
is received after fpm will be handled the following morning prior to the start of the daily
routes.
• JRM will assist the Town with the development and printing of Resident Mailers for the
Town to distribute to all residents outlining any changes with the transition of vendors
and waste reduction programs.
North Andover Schools will have unlimited access to field trips and educational tours at
GREENWORKS. (Recycling Facility)
• JRM will accept all residential calls through JRM's residential customer service lines and
will provide the Town with daily reports on all calls and resolutions to resident inquiries.
• Any scheduling changes due to holidays or weather will be reviewed and agreed on by
the Town and JRM Management.
• JRM will provide Prevailing Wage Reports and Recycling/ Solid Waste Reports to the
Town on a monthly basis.
JRM will have a Route Supervisor check in on a daily basis with DPW and will handle any
daily issues that need a JRM site visit.
265 Newbury Street, Peabody, MA 01960 1 JRMHauling.com 11 -800 -323 -HAUL
CERTIFICATE OF VOTE
At a duly authorized meeting the Board of Directors of the JIB M Ha v I i nQ e cY-cI; n� Service,
held on a9t o f Jul c2it
od tas
VOTED,THAT
James R. MotLk;n President
(Name) (Officer)
of JK M F+a U I fn 1 .4 Re be and hereby is authorized to execute contracts and bonds in
the name and on behalf of said CO M p w m y , and affix its corporate seal hereto;
and such execution of any contractor obligation in the name of m? rvi 14owI nr 4 a-coyo11vuon
its behalf by such officer under seal of JeM 4o-,j►cn j ,:t Rc.c"11 shall be valid and binding
upon 2--7*' of Jo 1 y 2-011
I hereby certify that I am the clerk of the above named co M le & n and
that Ja,m es R. Matz k; n is the duly elected officer as above of said
c o M P a. n u , and that the above vote has not been amended or rescinded and
remains in full force and effect as the date of this contract.
(Date) (Clerk)
ti
Certification of the Corporate Clerk
CERTIFICATIONS
CERTIFICATE OF NON -COLLUSION
The undersigned certifies under penalties of perjury that this bid or proposal has been made and
submitted in good faith and without collusion or fraud with any other person. As used in this
certification, the word "person" shall mean natural person, business, partnership, corporation,
committee, union, club or other organization, entity, or group of individuals.
Signature Date -712-
J-96 ni
712
.Tani c s S. M o t Z.isi n Vi cc Pres; alcn`J f►ZM Heiv l;n + t2e c cI ln, Scrvi'ces
Print Name & Title Company Name ' J
CERTIFICATE OF TAX COMPLIANCE
Pursuant to Chapter 62C of the Massachusetts General Laws, Section 49A (b), I
Sa m zs S. M o t z. k; n , authorized signatory for JRM RcL o I i n +2 « < l (vt S crri'�c s, zn �•
Name of individual Name o contractor
do hereby certify under the pains and penalties of perjury that said contractor has complied with
all laws of the Commonwealth of Massachusetts, and the Town of North Andover, relating to
taxes, permit or other fees, reporting of employees and contractors, and withholding and
remitting child support.
i nature Date/ /
ACORa CERTIFICATE OF LIABILITY INSURANCE
DATE(MMIDDNYYY)
1
`�
7/25/2017
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER Risk Strategies Company
CONTACT
NAME:
160 Federal St. 2nd Floor
Boston, MA 02110
PHONE FAX
we No Ext): 617-330-5700 AIC No): 617-439-3752
E-MAIL
ADDRESS:
INSURERS AFFORDING COVERAGE NAIC #
DAMAG O E
PREMISES Ea occurrence $ 100,000
INSURERA: Nautilus Insurance Company 17370
INSURED
JRM Hauling & Recycling Services Inc.
JRM Hauling & Recycling Services Inc. II
INSURER B: Safety Insurance Company 39454
INsuRETc: PMA Insurance Company 12262 .
INSURER D: National Fire & Marine Insurance Co 20079
265 Newbury Street
Peabody MA 01960
INSURER E:
INSURER F:
LIABILITY
ANY AUTO
OWNED SCHEDULED
AUTOS ONLY AUTOS
HIRED NON -OWNED
AUTOS ONLY AUTOS ONLY
I.VVtKAGtS CtKI I1-11-AII- Nt1MMFR• QRRAnnn1 DFVICInKI KI"UC1CD-
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
TYPE OF INSURANCE
ADDL
SUBR
POLICY NUMBER
POLICY EFF
MM/DD/YYYY
POLICY EXP
MM/DD/YYYY
LIMITS
A
�/ COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE F✓ OCCUR
✓ Contractors Included
✓
ECP2021749-10
4/1/2017
4/1/2018
EACH OCCURRENCE $ 1,000,000
DAMAG O E
PREMISES Ea occurrence $ 100,000
MED EXP (Any one person) $ 5,000
PERSONAL &ADV INJURY $ 1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICYF./] JEC LOC
OTHER:
GENERAL AGGREGATE $ 2,000,000
PRODUCTS - COMP/OP AGG $ 2,000,000
Contractors Pollution $ 1,000,000
B
AUTOMOBILE
✓
LIABILITY
ANY AUTO
OWNED SCHEDULED
AUTOS ONLY AUTOS
HIRED NON -OWNED
AUTOS ONLY AUTOS ONLY
✓
2705158
4/1/2017
4/1/2018
Ea BINEDtSINGLELIMIT $ 1,000000
BODILY INJURY (Per person) $
BODILY INJURY Per accident
( ) $
PROPERTY DAMAGE $
Per accident
$
D
V
UMBRELLA LIAB
EXCESS LtAB
,/
OCCUR
CLAIMS -MADE
✓
42-UMO-303554-01
4/11/2017
4/1/2018
EACH OCCURRENCE $ 3,000,000
AGGREGATE $ 3,000,000
DED F RETENTION $
$
C
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY Y / N
ANYPROPRIETOR/PARTNER/EXECUTIVEE.L.
OFFICER/MEMBEREXCLUDED? �
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
N / A
201600-0450494
4/1/2017
4/1/2018
IPESTATUTE ETH
EACH ACCIDENT $ 500,000
E.L. DISEASE - EA EMPLOYEE $ 500,000
E.L. DISEASE - POLICY LIMIT 1 $ 500,000
DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
Town of North Andover is named as additional insured with respects to liability for work performed by named insured and as required by a written
contract.
Town of North Andover
120 Main Street
North Andover MA 01845
ACORD 25 (2016/03)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
Mike Christian
919$13-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
36840001 1 17-18 GL, AL, X5, WC I Megan Feehan 1 7/25/2017 2;56:40 PM (EDT) I Page 1 of 1
Board of Selectmen Minutes February 27, 2017 2
Vote to authorize Town Manager to execute a trash contract in excess of three years
Included in the packets were the materials from the last meeting regarding the Town Manager's request
to authorize him to execute a contract in excess of 3 years so he may enter into a 10 year contract with
JRM.
Phil DeCologero made a MOTION, seconded by Donald Stewart that the Board of Selectmen
authorize the Town Manager to execute a contract in excess of 3 years for the purpose of entering
into new solid waste contract. Vote approved 4-0.
_Request from North Andover Farmers Market Planning Committee to close First Street from Main Street
to entrance at 15 First Street every Sunday beginning June 25, 2017 through October 8 2017 from
8:30AM to 3:30PM
Mr. DeCologero recused himself from this matter.
Chris Allen and Michael Smolak of the North Andover Farmers Market Plank. Committee were present
to request permission to close First Street from Main Street to the entranco �it'15 First Street. The market
will be every Sunday from June 25, 2017 through October 8, 2017 fromr8 . ,0am to 3:30pm. All relevant
departments have reviewed and had no issues.
Rosemary Smedile made a MOTION seconded by Donald Stewart'thailb.- Board of Selectmen
approve the request of the North Andover Farmers MarkotPlanning Committee to close First
Street from Main Street to the entrance at 15 First Streetreery Sunday begittfng June 25, 2017
through October 6, 2017 from 8:30am to 3:30pm. Vote approved 3-0.
Mr. DeCologero returned to his seat.
Eric Schlitt from Columbia Gas presented the requests'to'excavate aq_, ater Street (from Elm to Second),
Main Street, Merrimack Street (from Water to Main), Second'Street (from Main to Maple), Brown Court,
Church Street, Peters Street, Water Street; from Elm to Clarendo.°Street, Wiley Court, Bixby Avenue and
Saunders Street from Main to Cleveland Street,;;.;,;
Phil DeCologero made a MOTION, secoride, y,..Ponald Stewart th..at the Board of Selectmen
approve the request of Columbia Gas to excavate'at Water Street, :M,errimack Street, Second
Street, Brown Court, Church Street, Peters Street, Wrley Court, BrxbyAvenue and Saunders
Street, all as presented, for the purpose of eztendmg or replacing the gas mains. Vote approved 3-
0-1. Ms. Smedile abstained
Chairman Vaillancourt eXplained the chq' ges to the,Tawn Manager's contract.
Phil DeCologero made a MOTION, seconded by donald Stewart, that the Board of Selectmen
approve the amendmert>±s=to the Tow;Marlager's contract as presented. Vote approved 4-0.
Donald St0iv6&h!o' de a MOTlOIV .seconded by Rosemary Smedile, to open a meeting of the North
Andovers:.l tensing Comrhission:."=Vote approved 4-0.
Jon BettV'd/b/a Auto Express.',, . quest fdri—Vass_II license at 800 Turnpike Street. Suite 300
Jon Betty;Vi!as present to answer;any questions from the Commissioners.
a:
Richard Va (I -npourt made a'.00TION seconded by Rosemary Smedile, that the Board of
Selectmen, acfr»g as Licensing`Commissioners, approve the request of Jon Betty d1b/a Auto
Express for a t ]ass:, i license%at 800 Turnpike Street, Suite 300. Vote approved 4.0.
"A Cappella Night" on March 4, 2017 from 6:30pm-11:30pm
"Mark Zeleski Bank" on March 5, 2017 from 1:30pm-6:30pm
"Tony Kenny" on March 17, 2017 from 6:30pm-11:30pm
"Boston Brass" on March 23, 2017 from 6:30pm-11:30pm
Richard Vaillancourt made a MOTION, seconded by Donald Stewart that the Board of Selectmen,
acting as Licensing Commissioners, approve the four one day wine and malt licenses for
Merrimack College for performances on March 4111, March 51h, March 171 and March 23rd, as
presented. Vote approved 4-0.
Donald Stewart made a MOTION, seconded by Rosemary Smedile to close a meeting of the North
Andover Licensing Commission. Vote approved 4-0.