HomeMy WebLinkAboutContract #: 1241 - From: 05-27-2008 To: 05-26-2025 - Thomson Brothers Industries, Inc. - DPW RECYCLABLES SERVICES AGREEMENT
BETWEEN
THE TOWN OF NORTH ANDOVER
AND
THOMSON BROTHERS INDUSTRIES, INC.
MAY 27, 2008
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APPENDIX F - Schedule of Current Rates
TOWN DPW RATES AS OF MAY 19 2008
Category Item Collection Rate Rate at DPW Drop-Off
Center
Ordinary Collection All No charge No charge
Rec clables
Yard Waste No charge N/A
Special Collection White Goods General appliance- Non-freon appliance—
Recyclables $25.00 no charge
Freon appliance Freon appliance—N/A
(freezer, refrigerator,
AC)-$30.00
Reusable Furniture N/A N/A
Oil Filters Used N/A N/A
Other Waste Materials Tires N/A N/A
Cathode ray tubes(and N/A $5.00/unit with screen
equipment containing less than 13"
cathode ray tubes) $15.00/unit with screen
13"or more
Fluorescent bulbs and N/A Bulbs—No charge
ballasts Ballasts-$1.50 each
Oil and latex paint N/A $3.00/ allon
Automobile batteries N/A $2.00/battery
Button batteries N/A No charge
Nickel cadmium batteries N/A No charge
Hard and soft cover N/A No charge
books, recorded
compact discs or other
recorded media
Clothing N/A No charge
Mercury thermometers N/A No charge
and thermostats and
other mercury-containing
devices
Propane tanks N/A $2.00 each
Scrap metal N/A No char e
Miscellaneous electronic N/A No charge
equipment
Waste oil N/A $0.50/ allon
Construction and N/A N/A
Demolition Debris
s While MUNICIPALITY currently charges$0.50/filter for drop off of used oil filters, this item is designated as"not
applicable"because Conditions 13 and 14 of the Site Assignment Decision provide that oil filters will be accepted
without charge at the TBI Facility drop-off center.
"While MUNICIPALITY does not currently collect CRT equipment at curbside, CONTRACTOR shall do so and shall
charge$20.00/unit with screen less than 13"and$30/unit with screen 13"or more.
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SECTIONI: DEFINITIONS........................................................................................................................................I
SECTION 1I: COLLECTION SERVICES...................................................................................................................3
A. SCOPE OF SERVICES..............................................................................................................................3
A.1 General Provisions.....................................................................................................................................3
A.2 Area of Service...........................................................................................................................................3
B. COLLECTION SERVICE-RECYCLABLES..........................................................................................4
B.I Service Recipients;Change in Service Recipients.....................................................................................4
B.2 Collection Procedures.................................................................................................................................4
B.2 a Single Stream Collection Permitted..................................................................................................4
B.2 b Manner of Collection........................................................................................................................4
B.2 c Litter Prevention and Spill Clean-up................................................................................................4
B.2 d Interruption of Service......................................................................................................................5
B.2 e Contamination and Improper Set-out................................................................................................5
B.3 Set-out Requirements.................................................................................................................................5
B.4 Change in Designated Collection Recyclables...........................................................................................5
C. COLLECTION SCHEDULE.....................................................................................................................6
CACommencement of Collection....................................................................................................................6
C.2 Collection Frequency..................................................................................................................................6
C.3 Development of Collection Schedule.........................................................................................................6
CAHours of Collection....................................................................................................................................6
C.5 Changes to Schedule..................................................................................................................................7
D. HOLIDAYS AND MAKE-UP COLLECTION.........................................................................................7
D.I Holidays......................................................................................................................................................7
D.2 Make-up Collection....................................................................................................................................7
E. MISSED COLLECTIONS AND COMPLAINTS.....................................................................................7
F. SCAVENGING..........................................................................................................................................8
G. EQUIPMENT.............................................................................................................................................8
G.1 General Provisions.....................................................................................................................................8
G.2 Back Up Equipment...................................................................................................................................8
G.3 Vehicle Condition,Maintenance&Repair................................................................................................8
GA Vehicle Appearance&Signage..................................................................................................................9
G.5 Licenses&Registration.............................................................................................................................9
H. ROUTES....................................................................................................................................................9
H.1 Route Data..................................................................................................................................................9
H.2 Modifications to Routes.............................................................................................................................9
I. WASTE MINIMIZATION................................................................................................................................9
SECTION III: RECYCLABLES DROP-OFF CENTER.............................................................................................9
A. DEVELOPMENT AND MAINTENANCE OF DROP-OFF CENTER....................................................9
B. ELIGIBLE USERS...................................................................................................................................10
C. MATERIALS ACCEPTED......................................................................................................................10
D. SPECIAL PROCEDURES FOR CERTAIN ITEMS...............................................................................10
E. DROP-OFF CENTER HOURS................................................................................................................10
F. HOUSEHOLD HAZARDOUS WASTE COLLECTION EVENT ACCESS.........................................10
SECTION IV: OWNERSHIP AND DISPOSITION OF RECYCLABLES..............................................................I I
A. OWNERSHIP OF RECYCLABLES.......................
.................
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B. DESIGNATED RECEIVING FACILITIES............................................................................................I I
C. DISPOSAL PROHIBITION....................................................................................................................I 1
SECTIONV: OTHER SERVICES............................................................................................................................12
A. PUBLIC INFORMATION AND EDUCATION PROGRAM................................................................12
A.1 General Provisions...................................................................................................................................12
A.2 News Media Relations..............................................................................................................................12
B. LOCAL OFFICE AND PRESENCE...........:...........................................................................................12
C. TELEPHONE AND CUSTOMER SERVICE.........................................................................................13
C.1 General Customer Service Requirements.................................................................................................13
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D. PARTICIPATION IN PILOT STUDIES.................................................................................................13
E. PAYMENT FOR SERVICES..................................................................................................................13
SECTION VI: ADDITIONAL REQUIREMENTS FOR SERVICES.......................................................................13
A. EMPLOYEE CONDUCT........................................................................................................................13
B. SUPERVISION........................................................................................................................................14
B.1 Identification of Key Personnel................................................................................................................14
B.2 Collection Supervision.............................................................................................................................14
C. REPORTS AND RECORD KEEPING....................................................................................................14
C.1 Monthly Project Status Reports................................................................................................................14
D. INSPECTIONS........................................................................................................................................15
E. PERFORMANCE REVIEW....................................................................................................................15
F. MEETINGS AND COMMUNICATIONS..............................................................................................15
SECTION VII: PAID SERVICES.............................................................................................................................16
A. PAID COLLECTION SERVICES...........................................................................................................16
B. PAID DROP-OFF SERVICES.................................................................................................................16
C. PAYMENT METHODS..........................................................................................................................17
SECTION VIII: GENERAL TERMS AND CONDITIONS.....................................................................................17
A. CONTRACT TERM AND RENEWAL PROVISIONS..........................................................................17
A.1 Term.........................................................................................................................................................17
A.2 Amendment..............................................................................................................................................17
B. COMPLIANCE WITH LAWS AND REGULATIONS..........................................................................17
B.1 Applicable Laws and Regulations............................................................................................................17
B.2 Permits and Licenses................................................................................................................................17
B.3 Laws to Govern........................................................................................................................................18
C. FAIR LABOR PRACTICES....................................................................................................................18
C.1 Equal Employment Opportunity and Nondiscrimination.........................................................................18
C.2 Wage Rates...............................................................................................................................................18
C.3 Hiring of Displaced Workers...................................................................................................................18
D. SUBCONTRACTORS.............................................................................................................................18
E. ASSIGNMENT OF CONTRACT............................................................................................................19
F. INDEMNIFICATION AND HOLD HARMLESS..................................................................................19
G. INDEPENDENT CONTRACTOR..........................................................................................................19
H. SEVERABILITY.....................................................................................................................................19
1. DAMAGES.....................................................................................................................................................19
1.1 Property Damage......................................................................................................................................19
1.2 Penalties....................................................................................................................................................20
J. SUCCESSORS AND ASSIGNS.....................................................................................................................20
K. TERMINATION......................................................................................................................................20
L. FORCE MAJEURE..................................................................................................................................21
SECTION IX: INSURANCE REQUIREMENTS.....................................................................................................21
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APPENDIX A-Service Recipient Classes
APPENDIX B-Designated Collection Recyclables
APPENDIX C-Designated Drop-off Recyclables
APPENDIX D-Set-out Requirements
APPENDIX E-Form of Monthly Recycling Data Report
APPENDIX F-Schedule of Current Rates
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THIS RECYCLABLES SERVICES AGREEMENT is made as of May 27, 2008 (the "Effective Date"),
between The Town of North Andover, a Massachusetts municipality ("MUNICIPALITY"), and Thomson Brothers
Industries, Inc.,a Massachusetts corporation("CONTRACTOR"),each a"Party,"and collectively,the"Parties".
RECITALS
A. CONTRACTOR is the developer,and will be the owner and operator,of a Recycling Facility and
Transfer Station located at 210 Holt Road in North Andover, Massachusetts(the"TBI Facility").
B. As of October 20,2003, MUNICIPALITY(through its Selectmen)and CONTRACTOR entered into
an agreement with respect to the development of the TBI Facility(the"Host Community Agreement"). Section 1(b)of
the Host Community Agreement provides,among other things,that CONTRACTOR will provide certain recyclables
collection and related services,that CONTRACTOR and MUNICIPALITY will negotiate and execute a definitive
agreement containing the terms and conditions governing such services and that CONTRACTOR will not commence
operation of the TBI Facility until such an agreement is executed.
C. In the course of local and state permitting proceedings,CONTRACTOR explained and
supplemented its commitment to provide certain recyclables collection and related services(the"Supplemental
Commitments").
D. On June 22,2006, MUNICIPALITY's Board of Health issued a decision(the"Site Assignment
Decision")granting a site assignment for the TBI Facility subject to certain conditions. Conditions 11 through 18 of
the Site Assignment Decision relate to CONTRACTOR's provision of recyclables collection and related services.
E. Pursuant to the Host Community Agreement,the Supplemental Commitments and the Site
Assignment Decision, MUNICIPALITY and CONTRACTOR desire to document the terms and conditions governing
CONTRACTOR's provision of recyclables collection and related services to MUNICIPALITY.
NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree for
themselves and their respective successors and permitted assigns as follows:
SECTION I: DEFINITIONS
Acceptable Set-Out
A set-out of Designated Collection Recyclables that meets the requirements set forth in Section
II.B.3 and Appendix D.
Contaminant
Any material other than Designated Collection Recyclables that is left in the Recycling Container
including any material that is mixed with Designated Collection Recyclables but specified as not
acceptable for recycling in the program educational/promotional material.
Contractor
As defined in the introductory paragraph of this Agreement.
Designated Collection Recyclables
Any material listed in Appendix B.
Designated Drop-off Recyclables
Any material listed in Appendix C.
Designated Recyclables
Means all Designated Collection Recyclables and all Designated Drop-off Recyclables.
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Drop-off
Ao defined in Section UiA.
Effective Date
Au defined in the introductory paragraph of this Agreement.
Eligible Business Service Recipients
Means Service Recipients described in Appendix A.section 3.
Holiday
Refers to the following days: New Year's Day, Martin Luther King's Day, President's Day, Patriot's
Dey, Memorial Day, Independence Day, Labor Day,Columbus Doy,Vahonmn'a Day,Thanksgiving
Day and Christmas Day.
Host Community Agreement
As defined in Recital B.
----_�' Housing Developments
Means a group of buildings under common management consisting of single-family houses and/or
multi-family residential buildings with three(3)or fewer units together with related buildings.
|PR Facility
Means the recycling business owned and operated by Integrated Paper Recyclers, LLC at21Clark
Street in North Andover.
— Large Multi-Family Residential Buildings
Means multi-family residential buildings with more than eight(0)units,
Missed Collection
A properly prepared set out,on a regularlyscheduled collection day for that collection area,that is
set out before the collection vehicle services that area(during designated hours of operation)that is
not picked upbyCONTRACTOR.
---9 Municipal Service Recipients
Means Service Recipients described in Appendix A.section 2.
Municipality
Ax defined in the introductory paragraph uf this Agreement.
Ordinary Collection Renyo|abiam
Ao defined in Appendix 8. section i
Ordinary Drop-offFleuyo|ablma
Ao defined in Appendix C. section |.
Processing
Refers to accepting, sorting, preparing for transport, and marketing recyclables.
Recyo|ab(em Purchase Agreement
Means the Recyclables Purchase Agreement, dated as of February 1,2007, between the Town of
North Andover and Integrated Paper Recyclers, LLC, as amended or restated from time to time.
Recycling Container
Bin/container used for the set-out ofoanyn|eWao.
Residential Service Recipients
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Means Service Recipients described in Appendix A,section 1.
Service Area
Means all areas within the Town of North Andover,
Service Recipient
Individuals or entities that are members of a Service Recipient Class.
Service Recipient Class
Those classes or categories of customers described in Appendix A.
Site Assignment Decision
As defined in Recital D.
Special Collection Recyclables
As defined in Appendix B,section III.
Special Drop-off Recyclables
As defined in Appendix C, section II.
Special Service Recipient
Those customers described in Appendix A,section 4.
Supplemental Commitments
As defined in Appendix C.
TBl Facility
As defined in Recital A.
Unacceptable Set-Out
A set-out that does not meet the requirements of an Acceptable Set-Out.
Yard Waste
As defined in Appendix B, section II.
SECTION II: COLLECTION SERVICES
A. SCOPE OF SERVICES
A.1 General Provisions
This Agreement between MUNICIPALITY and CONTRACTOR is for the provision of recyclables
collection and transportation and related services.
A.2 Area of Service
CONTRACTOR shall collect and transport Designated Collection Recyclables from all Service
Recipients located within the Service Area.
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B. COLLECTION SERVICE RECYCLABLES
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0.l Service Recipients; Change in Service Recipient Classes
CONTRACTOR shall provide curbside recyclables collection service to all Service Recipients within
the Service Recipient Classes listed in Appendix A; provided, however, (i)CONTRACTOR's
obligation to provide no | b| collection service ho Large Multi-Family Residential Buildings shall
be subject 0u the special set-out provisions for such buildings set forth in Appendix D. section | and
(ii)CONTRACTOR need only provide curbside | b| || di service hoa Special Service
Recipient with respect Vo recyclablesforwhichcu||ectionioenangedinedvence.thereimonactive
market and where such Special Service Recipient pays a reasonable fee established pursuant to
Section VI
MUNICIPALITY and CONTRACTOR may mutually agree to add or delete Service Recipient
Classes to which CONTRACTOR must provide service. Changes in Service Recipient Classes
may be made once quarterly. MUNICIPALITY shall submit o list and map ho the other party ho
show added or deleted Service Recipient Classes and associated Service Recipients.
CONTRACTOR shall begin service to new Service Recipient Classes or terminate service to
deleted Service Recipient Classes within 14 days of receiving written notification from
MUNICIPALITY.
0.2 Collection Procedures
B.2u Single Stream Collection Permitted
CONTRACTOR shall collect Ordinary Collection Recyclables without requiring Service Recipients
to sort or separate such moydab|eu.
B.2h Manner of Collection
CONTRACTOR shall carefully handle all Recycling Containers used to set out recyclables.
Containers shall be thoroughly emptied. Containers shall not bo bent, thrown nr otherwise abused.
Empty Recycling Containers that are smaller than approximately 64-gallon containers shall be left
upside down in the approximate place where found with any covers or lids placed on the ground |
next tu the container. Any Recycling Container that ioof approximately O4'ga||on capacity,orany |
type of container found in a rack or cart, shall be returned upright with covers(if any)placed on the
container. Containers shall not be placed in driveways, in front of mailboxes, in the street, gutter or �
on sidewalks,. �
service. CONTRACTOR shall not be required to remove Ordinary Collection Recyclables from
containers the contents of which are frozen to the extent that the con,tainer may be damaged in the �
process of removing such recyclables. In the case of Service Recipients allowed to store �
recyclables indumpstes.CONTRACTOR shall empty and replace such dumpohamino �
professional manner.
B.2c Litter Prevention and Spill Clean::u
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CONTRACTOR agreesVu operate collection vehicles in such o manner to prevent materials from �
being blown from the vehicle. If at any time during collection and transport, recyclables are spilled
onto a street, sidewalk, or private property, CONTRACTOR shall clean up and place in the
collection vehicle all mnyo|ob|ea before the vehicle proceeds 0othe next stop on the collection muha
or shall promptly make all other necessary arrangements for the prompt clean-up of spilled
vacyc|ab|ea.
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13.2 d Interruption of Service
CONTRACTOR may interrupt the regular schedule or quality of service because of street repairs or
closures with prior approval of such schedule change by MUNICIPALITY. MUNICIPALITY shall
provide notice to CONTRACTOR of any street repairs or closures undertaken by MUNICIPALITY
that may affect CONTRACTOR's recyclables collection schedule. While hazardous weather
conditions will be considered sufficient cause for cancellation of scheduled collection,
CONTRACTOR must provide notice to MUNICIPALITY in advance of such cancellation.
13.2 e Contamination and Improper Set-out
If CONTRACTOR encounters any improperly prepared Designated Collection Recyclables or
Contaminants within the set-out, CONTRACTOR shall leave the uncollected items in the container.
CONTRACTOR must place a tag on any uncollected items, collect all acceptable items to the
greatest extent feasible,and, in the case of Ordinary Collection Recyclables, leave the container
upright with the tagged uncollected items in the container. CONTRACTOR may not leave any
materials as unacceptable for collection unless tagged by CONTRACTOR.
If CONTRACTOR encounters an Unacceptable Set-out, CONTRACTOR shall collect Designated
Collection Recyclables to the greatest extent feasible and shall place a notification with the
Unacceptable Set-out informing the Service Recipient of acceptable set-out procedures.
CONTRACTOR shall record the address of each Service Recipient where a notification was left in a
daily log which will be submitted monthly to MUNICIPALITY in a format specified by
MUNICIPALITY.
MUNICIPALITY shall provide CONTRACTOR with forms of tags for contaminants and
unacceptable containers. CONTRACTOR shall be responsible for printing and maintaining an
inventory of such tags.
B.3 Set-out Requirements
The set-out requirements are set forth in Appendix D.
BA Change in Designated Collection Recyclables
MUNICIPALITY and CONTRACTOR may mutually agree to add or delete a material(s)to/from the
list of Designated Collection Recyclables at any time during the contract term or extensions.
Deletions of any items will be discouraged. CONTRACTOR shall notify MUNICIPALITY of the
extent to which such addition(s)would require modification of the collection vehicles, need for
additional recycling containers,and need for additional collection vehicles, and shall notify
MUNICIPALITY of the estimated cost for adding the proposed materials. Such notification shall be
in writing and shall be provided at the time CONTRACTOR proposes the additional materials or, if
MUNICIPALITY proposes the addition,within sixty(60)days of MUNICIPALITY's notification.
MUNICIPALITY shall respond in writing to CONTRACTOR's description of changes and costs
within sixty(60)days of CONTRACTOR's written proposal. Both parties shall negotiate in good
faith for the purpose of reaching agreement for the addition of proposed materials and a schedule
for implementation of collection of such materials. Notwithstanding the foregoing, MUNICIPALITY
shall have the right to require the addition,without charge, of other recyclable materials normally
included in other municipal recycling programs in Eastern Massachusetts(excluding yard and food
waste), provided that there is an active market for recycling such material.
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C. COLLECTION SCHEDULE
CA Commencement of Collection
CONTRACTOR shall commence recyclables collection services on the date on which all permits for
construction and operation of the TBI Facility are final or on such earlier date as the parties may
agree. For purposes of this Section,such permits shall be considered"final"as of the expiration of
all appeal periods without the filing of an appeal or, if any appeal has been filed, upon the final
resolution of such appeals in favor of TBI.
C.2 Collection Frequency
CONTRACTOR shall collect Ordinary Collection Recyclables on a weekly,scheduled route basis
which,for Service Recipients receiving regularly scheduled municipal refuse curbside collection,
shall coincide with a regularly scheduled refuse curbside collection pick-up day. In the absence of a
regularly scheduled refuse curbside collection pick-up day, CONTRACTOR shall set the collection
service day as long as the service day remains the same each week.
CONTRACTOR shall collect Yard Waste throughout each collection route at least six(6)times per
year, on a scheduled route basis which shall coincide with a regularly scheduled refuse curbside
collection pick-up day(if one exists),on days to be mutually agreed upon by MUNICIPALITY and
CONTRACTOR. (For avoidance of doubt,a collection cycle to collect Christmas trees shall be
counted as one of such six Yard Waste collection cycles.)
CONTRACTOR shall collect Special Collection Recyclables from any Service Recipient within a
reasonable time, not to exceed three(3)business days,after receipt of a request made to
CONTRACTOR by or on behalf of such Service Recipient.
CONTRACTOR shall make a special collection within twenty-four(24)hours in response to a
request from a school relating to a specific occasion(e.g., in connection with pre-summer clean-out
activities). Said collection will be made during CONTRACTOR'S regular business hours only.
C.3 Development of Collection Schedule
Collections shall be made from Service Recipients on a regular schedule on the same day each
week,which,for Service Recipients receiving regularly scheduled municipal refuse curbside
collection,shall coincide with a regularly scheduled refuse curbside collection pick-up day. The
initial schedule shall be the same as the collection schedule in effect on May 1,2008(except that,
at CONTRACTOR's option,collection may be made from a school on the same day collection is
made from other Service Recipients in the same neighborhood).
Notwithstanding the foregoing,for Large Multi-Family Residential Buildings and Housing
Developments,the collection schedule shall be mutually agreed to by CONTRACTOR and, as
applicable,the owner or representative of the building or development. In the event an appropriate
schedule cannot be agreed upon, MUNICIPALITY shall mediate the dispute and designate the
location and schedule for pick-up.
CA Hours of Collection
Except as provided in Section ILE below,collection shall be'conducted between the hours of 7 AM
and 5 PM, Monday through Friday, and CONTRACTOR shall collect by 5 PM on a collection day
recyclables set out by 7 AM on such day. Collection services shall not be provided at any other
time, unless MUNICIPALITY authorizes a temporary extension of hours.
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C.5 Changes to Schedule
Scheduled collection days may not be changed by CONTRACTOR except upon MUNICIPALITY's
prior written approval in response to a request made at least sixty(60)days in advance of the
proposed change. MUNICIPALITY shall review and act upon such requests in a timely manner.
MUNICIPALITY may make schedule changes with respect to a Service Recipient Class no more
than one time during each year of the Agreement. If MUNICIPALITY wishes to change the
collection day, MUNICIPALITY will provide written notification to CONTRACTOR at least sixty(60)
days prior to initiation of the change.
If a schedule change is requested,CONTRACTOR must distribute written notices by mail and in
Recycling Containers to each affected Service Recipient at the expense of the party that requested
the change. The form of notice must be approved by MUNICIPALITY prior to distribution and must
be distributed to each affected dwelling unit at least two(2)and not more than four(4)weeks in
advance of the effective day of change.
D. HOLIDAYS AND MAKE-UP COLLECTION
D.1 Holidays
CONTRACTOR shall not be required to perform any collection service under this Agreement on
Holidays. 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 collection shall be rescheduled for Tuesday through
Saturday. For a Tuesday Holiday,Tuesday through Friday collection shall be rescheduled for
Wednesday through Saturday. For a Wednesday Holiday,Wednesday through Friday collection
shall be rescheduled for Thursday through Saturday. For a Thursday Holiday,Thursday and Friday
collection shall be rescheduled for Friday and Saturday. For a Friday Holiday, Friday collection
shall be rescheduled for Saturday.
D.2 Make-up Collection
In the event that collection services are interrupted as provided in Section II.B.2 d, CONTRACTOR
shall perform a make-up collection service in the affected area specifically approved in advance in
writing by MUNICIPALITY. The make-up collection shall accept all bags, boxes, and temporary
receptacles that Service Recipients may have used for overflow.
Should CONTRACTOR fail to make collection on a scheduled day for any other cause,
CONTRACTOR shall,within twenty-four(24)hours, perform a special collection.
E. MISSED COLLECTIONS AND COMPLAINTS
The failure of CONTRACTOR to collect an Acceptable Set-out shall be considered a Missed
Collection. Complaints regarding CONTRACTOR's performance of collection services may include,
but are not limited to:
1. failure to respond to Missed Collections within the specified time constraints;
2. continued and repeated misses of a particular household, street, or subdivision;
3. continued misuse and/or mishandling of materials and bins;
4. damage to personal property;
5. failure to obey traffic regulations; and
6. discourteous treatment of customer
If a Missed Collection or complaint is reported to CONTRACTOR before 1 PM, CONTRACTOR
shall collect Missed Collection or resolve complaint on the same day. If a Missed Collection or
complaint is reported to CONTRACTOR after 1 PM,CONTRACTOR shall collect Missed Collection
or resolve complaint by 1 PM on the next working day.
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Service Recipients shall be instructed to report Missed Collections and complaints in the first
instance directly to CONTRACTOR. CONTRACTOR shall give prompt and courteous attention to
all reported Missed Collections and complaints. 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 MUNICIPALITY in a format
specified by MUNICIPALITY.
F. SCAVENGING
If, during the normal course of CONTRACTOR's collection services in accordance with this
Agreement, CONTRACTOR notices any evidence of scavenging of Designated Collection
Recyclables from set-outs, CONTRACTOR shall promptly report such information to
MUNICIPALITY. In no event shall CONTRACTOR be liable to MUNICIPALITY for any losses,
financial or otherwise,associated with scavenging.
G. EQUIPMENT
G.1 General Provisions
CONTRACTOR is responsible for the purchase and/or leasing and maintenance and repair of all
vehicles and equipment necessary to adequately and efficiently perform the contractual duties
specified in this Agreement.
Upon execution of this Agreement and every year thereafter,CONTRACTOR shall provide to
MUNICIPALITY a list of equipment to be used by CONTRACTOR to provide the services covered
by this Agreement. 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. MUNICIPALITY shall have the right to inspect equipment and
vehicles used in the performance of this contract during CONTRACTOR's regular business hours.
Recyclables collection vehicles shall be compatible for unloading at the designated facility(if
applicable).
G.2 Back-up Equipment
CONTRACTOR must maintain sufficient spare collection vehicles and sufficient spare parts and
maintenance equipment and supplies to replace and/or repair any vehicles that are out of service.
All back-up equipment shall comply with generally recognized industry standards.
G.3 Vehicle Condition,Maintenance&Repair
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.
CONTRACTOR shall comply with Condition 30 of the Site Assignment Decision,dated June 22,
2006, issued by the North Andover Board of Health in the matter of Thomson Brothers Industries,
Inc.,which provides, among other things,that in retrofitting older diesel trucks with diesel oxidation
catalysts,CONTRACTOR shall select trucks which are expected to be used for collection in North
Andover and trucks which are expected to enter and exit the TBI Facility on a regular basis so as to
maximize the local air quality benefit.
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GA 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.
CONTRACTOR's name,telephone number and vehicle number shall be visibly displayed on both
sides of all collection vehicles in letters and figures not less than five(5)inches high.
G.5 Licenses & Registration
All vehicles must maintain at all times current license and registration as required by the
Commonwealth of Massachusetts Registry of Motor Vehicles.
H. ROUTES
H.1 Route Data
Collection routes shall be established by CONTRACTOR and approved by MUNICIPALITY,which
approval shall not be unreasonably withheld;provided, however,that collection routes for Service
Recipients receiving regularly scheduled municipal refuse curbside collection shall coincide with the
collection routes for such regularly scheduled refuse curbside collection.
H.2 Modifications to Routes
MUNICIPALITY reserves the right to change collection routes or collection days under this
Agreement;provided, however,that collection routes for Service Recipients receiving regularly
scheduled municipal refuse curbside collection shall coincide with the collection routes for such
regularly scheduled refuse curbside collection. MUNICIPALITY shall notify CONTRACTOR of any
change in the routes at least sixty(60)calendar days in advance of the effective date of the
change. MUNICIPALITY shall arrange for notification of the change to affected Service Recipients
at least fourteen(14)calendar days in advance of the effective date of the change. MUNICIPALITY
shall not initiate route changes more often than twice in any contract year.
In addition, upon at least sixty(60)days'notice prior to a requested change, CONTRACTOR may
propose for approval to MUNICIPALITY changes in the collection routes. MUNICIPALITY shall
review and act upon such requests in a timely manner. In the event of approval of a change
proposed by CONTRACTOR, CONTRACTOR shall arrange for notification of the change to
affected Service Recipients at least fourteen(14)calendar days in advance of the effective date of
the change.
I. WASTE MINIMIZATION
Nothing in the contract shall restrict the right of MUNICIPALITY to minimize the amount of solid
waste, including recyclables, generated in MUNICIPALITY.
SECTION III: RECYCLABLES DROP-OFF CENTER
A. DEVELOPMENT AND MAINTENANCE OF DROP-OFF CENTER
CONTRACTOR shall design,construct,own, operate and maintain a drop-off center(the"Drop-off
Center")at the site of the TBI Facility adequate to provide the drop-off services set forth in this
Section III. Without limiting the foregoing, (i)CONTRACTOR shall provide a ground level forty 40
foot long storage container for drop-off of furniture and(ii)immediately prior to commencement of
drop-off services under this Agreement,CONTRACTOR shall transport from MUNICIPALITY's
property to the TBI Facility the waste shed for Universal Waste(the"Waste Shed")and the so-
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called"Got Books"container currently located at MUNICIPALITY's recyclables drop-off facility.
Drop-off services shall commence on the date that the TBI Facility first opens for inbound waste or
on such earlier date as the parties may agree.
B. ELIGIBLE USERS
All Service Recipients are eligible to drop off Ordinary Drop-off Recyclables at the Drop-off Center
(provided that, as indicated in Appendix C, reusable furniture may only be dropped off by
Residential Service Recipients). Except as the parties may agree,Special Service Recipients are
not eligible to drop off Special Drop-off Recyclables at the Drop-off Center.
C. MATERIALS ACCEPTED
The Drop-off Center shall accept all Designated Drop-off Recyclables(as defined in Appendix C).
D. SPECIAL PROCEDURES FOR CERTAIN ITEMS
The Drop-off Center shall accept and hold separately those items(e.g.,certain mercury-containing
items)for which recycling costs are reimbursable to MUNICIPALITY pursuant to a materials
separation plan and/or similar programs of Wheelabrator North Andover Inc. (or its successor)
(collectively,"MSP Items"). MUNICIPALITY shall identify its vendor for the transportation and
recycling of such items and shall notify CONTRACTOR as to which items are subject to these
procedures. CONTRACTOR shall be responsible for notifying such vendor and MUNICIPALITY's
Director of Public Works when the storage area for such items needs to be emptied.
The Drop-off Center shall accept and hold separately on MUNICIPALITY's behalf hard and soft
cover books and recorded compact discs or other recorded media which are eligible for pick-up by
an entity designated by MUNICIPALITY(currently Got Books, Inc.). CONTRACTOR shall be
responsible for notifying such entity and MUNICIPALITY's Director of Public Works when the
storage area for such items needs to be emptied.
E. DROP-OFF CENTER HOURS
The Drop-off Center shall be open during the hours that the transfer station at the TBI Facility is
open for inbound waste(currently expected to be 6 AM to 6 PM Monday through Friday)as well as
from 8 AM to 2 PM on Saturdays regardless of whether the transfer station is not open for inbound
waste on Saturdays(except in the case of a Saturday Holiday).
F. HOUSEHOLD HAZARDOUS WASTE COLLECTION EVENT ACCESS
To the extent allowed by applicable law, regulation or CONTRACTOR's permits,CONTRACTOR
shall make the Drop-Off Center available to MUNICIPALITY at no charge for household hazardous
waste collection events scheduled by MUNICIPALITY. MUNICIPALITY shall pay all expenses
associated with such household hazardous waste collection events. MUNICIPALITY shall ensure
that CONTRACTOR is named as an additional insured with respect to liability insurance held by
MUNICIPALITY's household hazardous waste collection contractor; provided,that if
MUNICIPALITY fails to do so,then,to the extent allowed by law, MUNICIPALITY shall indemnify
CONTRACTOR from and against claims arising from such household hazardous waste collection
events except to the extent such claims arise from the negligence or willful misconduct of
CONTRACTOR, its agents, contractors or employees. (Currently, household hazardous waste
collection days are scheduled on one Saturday in the spring and one Saturday in the fall.)
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SECTION IV: OWNERSHIP AND DISPOSITION OF
RECYCLABLES
A. OWNERSHIP OF RECYCLABLES
Ordinary Collection Recyclables to be transported to a facility designated by MUNICIPALITY
pursuant to Section IV.B below shall belong to MUNICIPALITY. Recyclables subject to the special
procedures set forth in Section III.D above shall belong to MUNICIPALITY. All other recyclables
collected by CONTRACTOR or dropped off at the Drop-Off Center shall belong to CONTRACTOR.
B. DESIGNATED RECEIVING FACILITIES
All recyclables obtained by CONTRACTOR pursuant to this Agreement shall be recycled. Without
limiting the foregoing:
(a)for the benefit of MUNICIPALITY, CONTRACTOR shall deliver to a receiving facility designated
by MUNICIPALITY(currently the IPR Facility)all Ordinary Collection Recyclables collected
pursuant to this Agreement(except for those collected from Special Service Recipients)as well as
all Ordinary Collection Recyclables accepted at the TBI Drop-off Center(except for those dropped
off by Special Service Recipients),such delivery to be without charge if the designated receiving
facility is located within North Andover and at a reasonable charge to be negotiated by the parties in
good faith if the designated receiving facility is located outside North Andover; provided, however,
that if such designated facility is temporarily closed,then for the period of such closure or, if earlier,
until MUNICIPALITY designates another receiving facility and negotiates with CONTRACTOR a
reasonable charge for delivery by CONTRACTOR to said facility, CONTRACTOR shall own the
affected recyclables, shall transport such recyclables to a receiving facility selected by
CONTRACTOR,and MUNICIPALITY shall not be responsible for the payment of any delivery
charges associated with such transportation;and
(b)CONTRACTOR shall deliver all Yard Waste collected pursuant to this Agreement to the North
Andover composting facility located at Sharpners Pond Road or to another facility in North Andover
as may be designated by MUNICIPALITY.
C. DISPOSAL PROHIBITION
CONTRACTOR represents and warrants to MUNICIPALITY that all recyclables collected or
received under this Agreement will in fact be delivered to a facility designated by MUNICIPALITY or
to a duly licensed recyclable materials processing facility, broker,toll end user or end user.
CONTRACTOR is prohibited from disposing of any recyclables collected or received under this
Agreement. Without limiting the foregoing, CONTRACTOR shall not dispose of any recyclables
processed under this Agreement in a landfill, incinerator or in any other manner that prevents
materials recovery,except as provided herein. Violation of this provision shall be considered cause
for CONTRACTOR default.
CONTRACTOR shall obtain and deliver to MUNICIPALITY a written certification from each
processing contractor or broker engaged by CONTRACTOR that all recyclables collected or
received by CONTRACTOR pursuant to this Agreement(other than recyclables delivered to a
facility designated by MUNICIPALITY)are transferred to certified recyclable materials vendors,
brokers, toll end users or end users, and will not be disposed of in a landfill, incinerator or in any
other manner that prevents materials recovery.
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SECTION V: OTHER SERVICES
A. PUBLIC INFORMATION AND EDUCATION PROGRAM
A.1 General Provisions
MUNICIPALITY shall plan and coordinate a public education and information program to inform
citizens of the recycling program,including the collection and drop-off aspects of the recycling
program. CONTRACTOR may distribute its own promotional materials subject to MUNICIPALITY
approval. CONTRACTOR shall participate in MUNICIPALITY-directed promotion and education
efforts as outlined below:
1. during the course of the routine recycling pick up, provide and distribute notices regarding
rejected materials,proper set-out procedures or other matters as reasonably requested by
MUNICIPALITY;
2. train employees to deal courteously with customers on the telephone and on route to
promote the collection service and explain proper material preparation;
3. be available a minimum of four(4)times per year to participate in promoting the collection
service at an area fair,neighborhood association program,school,or community event;
and
4. provide advice to MUNICIPALITY on promotion and education material content and
presentation.
A.2 News Media Relations
CONTRACTOR shall notify MUNICIPALITY of all request for news media interviews related to the
recycling program within twenty-four(24)hours of CONTRACTOR's receipt of the request. Before
responding to any inquiries involving controversial issues or any issues likely to affect participation
or Service Recipient's perception of services, CONTRACTOR will discuss CONTRACTOR's
proposed response with MUNICIPALITY.
Copies of draft news releases or proposed trade journal articles prepared by or on behalf of
CONTRACTOR regarding the recycling program shall be submitted to MUNICIPALITY for prior
review and approval at least five(5)working days in advance of release. Submissions by
CONTRACTOR to any regulatory agency regarding the recycling program shall be submitted to
MUNICIPALITY for prior review and comment at least five(5)working days in advance of
submission,except where CONTRACTOR is required by any law or regulation to submit materials
to any regulatory agency in a shorter period of time, in which case CONTRACTOR shall submit
such materials to MUNICIPALITY simultaneously with CONTRACTOR's submittal to such
regulatory agency.
Copies of articles resulting from media interviews or news releases shall be provided to
MUNICIPALITY within five(5)days after receipt by CONTRACTOR.
B. LOCAL OFFICE AND PRESENCE
CONTRACTOR's office at 210 Holt Road shall be open to the public during regular working days
between the hours of 9 AM and 5 PM. The office shall be adequately staffed and equipped with
telephone lines and communications to fulfill CONTRACTOR's obligations under this Agreement. A
representative of CONTRACTOR shall be available during office hours at CONTRACTOR's office
for communication with MUNICIPALITY's representative, or the designee of any of these officers,
and the public.
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C. TELEPHONE AND CUSTOMER SERVICE
CA General Customer Service Requirements
CONTRACTOR shall maintain and adequately staff a local telephone number where complaints
shall be received, logged and handled between the hours of 9 AM and 5 PM on every collection
day.
One local telephone line and a local mobile telephone line or pager shall be provided by
CONTRACTOR to be used exclusively for communication between CONTRACTOR's manager for
this Agreement and MUNICIPALITY. The telephone line shall be equipped with an answering
machine or service capable of receiving calls during non-office hours.
CONTRACTOR shall maintain a facsimile machine with local telephone numbers, as well as a
frequently checked electronic mail address,to be used for communication between MUNICIPALITY
and CONTRACTOR. Both the facsimile machine and the electronic mail address must be available
to receive communications after normal business hours.
D. PARTICIPATION IN PILOT STUDIES
In the event that MUNICIPALITY desires to implement pilot programs to test new developments in
collection or materials processing or to implement an evaluation of a program operated under this
Agreement, MUNICIPALITY shall provide CONTRACTOR with written notice not less than ninety
(90)calendar days prior to implementation date. The notice shall describe the proposed
program(s),specify portions of the Service Area where the program(s)will be implemented, and
describe CONTRACTOR's role. Both parties shall negotiate in good faith for the purpose of
reaching an agreement on the implementation and operation of the program(s). If an agreement
cannot be reached within forty-five(45)calendar days prior to implementation date, MUNICIPALITY
reserves the right to implement such program(s)itself or by means of another CONTRACTOR at
MUNICIPALITY's expense.
In the event that CONTRACTOR desires to implement a pilot program(s)to test new developments
in collection,CONTRACTOR shall provide MUNICIPALITY with written notice not less than sixty
(60)calendar days prior to the implementation date. CONTRACTOR shall not implement such
program(s)without MUNICIPALITY's prior written approval.
E. PAYMENT FOR SERVICES
CONTRACTOR shall require a Service Recipient to pay in advance by credit or debit card for any
paid recycling service.
SECTION VI: ADDITIONAL REQUIREMENTS FOR
SERVICES
A. EMPLOYEE CONDUCT
All CONTRACTOR personnel must maintain a courteous and respectful attitude toward the public
at all times. At no time must they solicit, request or receive gratuities of any kind. CONTRACTOR
must direct its employees to avoid loud and/or profane language at all times during the performance
of duties. Any employee of 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 CONTRACTOR.
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a '
B. SUPERVISION
B.l Identification of Key Personnel
The following key personnel of CONTRACTOR shall remain responsible for supervising
CONTRACTOR's performance of the Agreement throughout the period of the Agreement,
William D.Thomson
Brian Thomson
Jeff Thomson
Kevin Thomson
It shall be CONTRACTOR's responsibility to provide MUNICIPALITY with at least one(1)week
notice in advance of any change of key personnel, In the event of a change,the replacement
personnel must have qualifications equal or better than the prior key personnel.
13.2 Collection Supervision
CONTRACTOR shall designate at least one Route Supervisor(who may be one of the key
personnel identified in Section B.1 above)to oversee effective completion of daily collection
activities. If all routes are not completed,the Route Supervisor shall inform MUNICIPALITY of the
routes that are not completed and advise MUNICIPALITY when the routes shall be completed.
Each Route Supervisor must have a two-way instant communications device and a local mobile
telephone or pager;telephone and pager numbers must be given to MUNICIPALITY. Each
collection vehicle shall be equipped with a two-way instant communications device to provide for
communication among the collection vehicle,CONTRACTOR's office, and Route Supervisor(s).
C. REPORTS AND RECORD KEEPING
CA Monthly Status Reports
CONTRACTOR shall submit monthly reports for the length of the contract period commencing upon
contract signing. These reports shall be due within ten(10)working days from the end of the
month. The reports shall be in a form acceptable to MUNICIPALITY and shall include, at a
minimum:
copies of all receipts received by CONTRACTOR(or its subcontractor)upon(i)delivery of
Ordinary Collection Recyclables and Ordinary Drop-off Recyclables to the receiving facility
designated by MUNICIPALITY pursuant to Section IV.B and(ii)pick up of recyclables from
the Drop-off Center by entities designated by MUNICIPALITY pursuant to Section III.D.
the recycling data MUNICIPALITY is required to report to the Massachusetts Department
of Environmental Protection(or its successor)on the Municipal Recycling and Diversion
Data Sheet(or comparable reporting form)(for avoidance of doubt,a form of monthly
recycling data report that will be adequate to meet current requirements is included in
Appendix E;
status of all complaints forwarded to CONTRACTOR by official MUNICIPALITY letter
during the month including, but not limited to: replacement of containers; employee
misconduct; and, CONTRACTOR responses to citizen's damage claims;
description of progress in meeting the implementation schedule including any problems
encountered and how they were resolved; and
other information reasonably requested by MUNICIPALITY.
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D. INSPECTIONS
MUNICIPALITY reserves the right to inspect the Drop-off Center, and the equipment, personnel
and operations of CONTRACTOR relating to the Drop-off Center to assure itself of the appearance
and compliance with contractual provisions of this contract.
MUNICIPALITY reserves the right to review the records kept on all recyclables collected or
received under the terms of this contract.
MUNICIPALITY agrees to notify CONTRACTOR at least twenty-four(24)hours prior to such
inspections,except in cases in which MUNICIPALITY has reasonable cause to believe that
CONTRACTOR may be in material breach of this Agreement.
E. PERFORMANCE REVIEW
Nothing in this Agreement shall prevent MUNICIPALITY from conducting a review of
CONTRACTOR's performance and quality of service.
F. MEETINGS AND COMMUNICATIONS
General. In order to minimize problems during contract implementation,and to provide thereafter a
forum for discussing and resolving any issues that may arise,the parties agree to meet on a regular
basis and to adopt suitable communications procedures consistent with the provisions of this
Agreement.
Electronic Transmission of Customer Information,Service Complaints,and Monthly Reports.
Wherever possible,the electronic transmission of data will be utilized and both parties agree to
cooperate in the exploration of electronic data transmission opportunities.
Meetings During the Implementation Phase. The period from the date of contract signing by
CONTRACTOR until the last area of MUNICIPALITY receives collection services(or such earlier
date as may be mutually agreed to by the parties)shall be referred to as the"Implementation
Phase." During the Implementation Phase, meetings shall be held between representatives of the
parties on not more than a monthly basis, or on such more or less frequent basis as may be
mutually agreeable. The primary purposes of such meetings shall be to discuss CONTRACTOR's
implementation plan,to evaluate implementation progress or problems,to air and seek resolution of
complaints, to discuss any actual or perceived problems with service, and to discuss promotion,
public information and public relations.
Meetings after the Implementation Phase. After the Implementation Phase,meetings shall be held
at least two times per year, unless otherwise mutually agreed to,between representatives of the
parties. Such meetings shall be held for the purpose of reviewing and discussing day-to-day
operations, promotion,public information and public relations.
Designation of Representatives. CONTRACTOR shall send at least one representative to each
such meeting. Unless MUNICIPALITY elects otherwise, MUNICIPALITY shall send a
representative of the Town's solid waste advisory committee and a representative of its Board of
Health to each such meeting. CONTRACTOR shall designate one, and only one, representative as
its Lead Representative; MUNICIPALITY's Lead Representative shall consist jointly of the solid
waste advisory committee representative and the Board of Health representative. If a party sends
only one representative to any meeting,that person shall be conclusively presumed to be its Lead
Representative for purposes of such meeting.
A Lead Representative shall have the authority but not the obligation to enter into binding
agreements, on behalf of the party represented,concerning the following types of service-related
matters:
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container placement;
customer complaints about missed collections, scatters,or employee conduct;
CONTRACTOR complaints about enforcement of local regulations;
responsibility for damage to or theft of containers;
promotion, public information and public relations.
Meetinq Location and Format. Meetings will be held at a location in North Andover agreed upon by
both parties. Each party shall be available for at least 90 minutes per meeting, unless otherwise
agreed in advance. Meetings shall be held in the evening as necessary to accommodate
attendance by representatives of MUNCIPALITY.
SECTION VII: PAID SERVICES
A. PAID COLLECTION SERVICES
Except as otherwise provided in this Agreement, CONTRACTOR shall not charge Service
Recipients for recyclables collection services.
CONTRACTOR may charge a Service Recipient for collection of Special Collection Recyclables
from such Service Recipient at the same rates charged by MUNICIPALITY as of May 1, 2008,to be
reasonably adjusted(by mutual agreement of MUNICIPALITY and CONTRACTOR)for future
changes in actual costs. A schedule of rates in effect as of May 1, 2008 is attached hereto as
Appendix F.
CONTRACTOR may charge a Special Service Recipient for collection of Designated Collection
Recyclables from such Special Service Recipient at reasonable rates,which rates shall be subject
to the reasonable approval of MUNICIPALITY. Nothing in this Agreement shall require
CONTRACTOR to collect from Special Service Recipients Designated Collection Recyclables for
which there is not an active market.
B. PAID DROP-OFF SERVICES
Except as otherwise provided in this Agreement, CONTRACTOR shall not charge Service
Recipients for recyclables drop-off services.
CONTRACTOR may charge a Service Recipient for drop-off of Special Drop-off Recyclables from
such Service Recipient at the same rates and on the same terms in effect as of May 1, 2008, such
rates to be reasonably adjusted(by mutual agreement of MUNICIPALITY and CONTRACTOR)for
future changes in actual costs. A schedule of MUNICIPALITY's rates as of May 1, 2008 is attached
as Appendix F.
CONTRACTOR may charge residents with non-commercial vehicles(or commercial vehicles,if
approved in advance by MUNICIPALITY's Director of Public Works, provided that no more than five
(5)commercial vehicles per month shall be so approved), MUNICIPALITY and North Andover
Schools for drop-off of Construction and Demolition Debris at a rate that is no more than eighty
percent(80%)of CONTRACTOR's published disposal rates for such materials,with no minimum
charge imposed for drop-off of Construction and Demolition Debris by residential Service
Recipients. (In the case of Construction and Demolition Debris dropped off by MUNICIPALITY or
North Andover Schools on a particular day, such discounted rate shall apply only to the first ten (10)
tons on such day.)
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C. PAYMENT METHODS
A Service Recipient shall pay for paid services by credit card or debit card prior to or at the time of
receipt of service.
SECTION VIII: GENERAL TERMS AND CONDITIONS
A. CONTRACT TERM AND RENEWAL PROVISIONS
A.1 Term
Except to the extent renewed or extended by agreement of both parties,or unless otherwise
terminated pursuant to Section VIIIX,the term of this Agreement shall be from and including the
Effective Date through and including the later of(i)the date on which the TBI Facility permanently
ceases to operate and(ii)ninety(90)days after CONTRACTOR has provided notice to
MUNICIPALITY of such date. (For avoidance of doubt,the parties acknowledge that,
CONTRACTOR shall be required to continue providing services under this Agreement during the
pendency of any temporary shut-down of the TBI Facility.) While any financial obligations of
MUNICIPALITY beyond one year under this Agreement would be subject to annual appropriation,
the parties acknowledge that MUNICIPALITY has no such financial obligations under this
Agreement.
A.2 Amendment
This contract may be amended, modified or extended only by written agreement duly authorized by
CONTRACTOR and MUNICIPALITY and executed by their authorized representatives.
B. COMPLIANCE WITH LAWS AND REGULATIONS
B.l Applicable Laws and Regulations
CONTRACTOR agrees that, in performance of work and services under this contract,
CONTRACTOR will qualify under and comply with any and all federal, State and local laws and
regulations now in effect, or hereafter enacted during the term of this contract,which are applicable
to CONTRACTOR, its employees, agents or subcontractors, if any,with respect to the work and
services described herein.
B.2 Permits and Licenses
As of the date of commencement of collection services under this Agreement, CONTRACTOR shall
have obtained all federal,state and/or local permits or licenses as are required to carry out its
obligations under this contract. During the term of this Agreement, including any renewal or
extension thereof, it shall carry out its obligations under this contract in compliance with all
applicable provisions of federal,state and local laws and regulations, and applicable judicial and
administrative interpretations thereof. If CONTRACTOR is permitted pursuant to Section VIII.D.to
subcontract with any other entity to carry out its obligations under this Agreement, CONTRACTOR
shall ensure that such entity carries out such obligations in compliance with all applicable provisions
of federal, state and local laws and regulations, and any applicable judicial and administrative
interpretations thereof.
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B.3 Laws to Govern
This Agreement is entered into and is to be performed in the Commonwealth of Massachusetts.
MUNICIPALITY and CONTRACTOR agree that the laws of the Commonwealth of Massachusetts
(without regard to principles of conflicts of laws)shall govern the rights, obligations,duties and
liabilities of the parties to this contract and shall govern the interpretation of this Agreement.
C. FAIR LABOR PRACTICES
C.l Equal Employment Opportunity and Nondiscrimination
MUNICIPALITY has a firm commitment to affirmative action and equal employment opportunity,
CONTRACTOR shall not discriminate against applicants or employees on the grounds of race,
gender,color, religious creed,national origin, age or sexual orientation in any phase of the
employment process or in any conditions of employment.
C.2 Wage Rates
CONTRACTOR will carry out the obligations of this Agreement in full compliance with all of the
legally applicable requirements imposed by or pursuant to Massachusetts General Laws Chapter
151,Section 1 et seq. (Minimum Wage Law)and any legally applicable executive orders,rules,
regulations and requirements of the Commonwealth of Massachusetts as they may from time to
time be amended. CONTRACTOR will at all times comply with the legally applicable wage rates as
determined by the Commissioner of the Department of Labor and Industries under the provisions of
Massachusetts General Laws Chapter 149, Sections 26 through 27F(Prevailing Wage)as shall be
in force and as amended.
C.3 Hiring of Displaced Workers
CONTRACTOR acknowledges that when recycling collection services are transferred to
CONTRACTOR,workers who performed services for MUNICIPALITY may be displaced from their
employment. CONTRACTOR shall consider such displaced workers for employment,subject to
CONTRACTOR's hiring standards.
D. SUBCONTRACTORS
CONTRACTOR is engaged as an independent contractor and will be responsible for any federal,
state and local taxes and fees applicable to payments hereunder. CONTRACTOR shall not
subcontract its work under the contract,except to Northside Carting Inc., in whole or in part,without
first requesting and receiving the written approval of MUNICIPALITY regarding each subcontractor,
including any change in subcontractor. CONTRACTOR shall fully describe the subcontractor's
responsibilities and shall provide other information with respect to such subcontracts as
MUNICIPALITY may require. Subcontracting approval shall not be unreasonably withheld by
MUNICIPALITY.
CONTRACTOR shall submit a written request for approval no later than sixty(60)days prior to the
effective date of such subcontract and shall provide MUNICIPALITY with the name,address and
phone number of the subcontractor's offices and the name of the individual responsible for the work
being performed for CONTRACTOR.
CONTRACTOR shall require any approved subcontractor to agree, as to the portion subcontracted,
to fulfill all obligations of CONTRACTOR as specified in the Agreement. Notwithstanding
MUNICIPALITY's approval of a subcontractor,CONTRACTOR shall remain obligated for full
performance hereunder,and MUNICIPALITY shall incur no obligation other than its obligations to
CONTRACTOR hereunder. CONTRACTOR agrees that if subcontractors are employed in the
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performance of this Agreement, CONTRACTOR and its subcontractors are subject to Worker's
Compensation requirements.
CONTRACTOR and its subcontractors and employees are not employees of MUNICIPALITY and
are not eligible for any benefits through MUNICIPALITY, including without limitation,federal Social
Security, health benefits,worker's compensation, unemployment compensation, and retirement
benefits.
E. ASSIGNMENT OF CONTRACT
CONTRACTOR shall not assign the Agreement nor assign or delegate any part thereof,or assign
any monies due or to become due to CONTRACTOR thereunder or any other rights against
MUNICIPALITY without prior written consent of MUNICIPALITY.
CONTRACTOR shall be solely responsible for provision of services under this Agreement.
CONTRACTOR shall be responsible for the acts and omissions of its subcontractors, if any, and all
persons directly or indirectly employed by CONTRACTOR or subcontractors in connection with the
work.
F. INDEMNIFICATION AND HOLD HARMLESS
CONTRACTOR shall indemnify and hold harmless MUNICIPALITY from and against any and all
costs, loss,expense, liability damages, or claims for damage, including attorney's fees,expenses
and costs of defending any claim,arising or resulting from(i)any negligent act or omission,or willful
misconduct, of CONTRACTOR, its agents,employees or contractors, (ii)any breach of this
Agreement by CONTRACTOR.
G. INDEPENDENT CONTRACTOR
In the performance of services pursuant to this Agreement,CONTRACTOR shall be an
independent contractor and not an agent,servant or employee of MUNICIPALITY. CONTRACTOR
shall have exclusive control over the details of the service and work performed and over all persons
performing such service and work. CONTRACTOR shall be solely responsible for the acts and
omissions of its officers, agents,employees,contractors and subcontractors, if any. Neither
CONTRACTOR nor its officers, agents,employees,contractors or subcontractors shall obtain any
right to retirement benefits,Workers'Compensation benefits, or any other benefits which accrue to
MUNICIPALITY employees and CONTRACTOR expressly waives and claim it may have or acquire
to such benefits.
H. SEVERABILITY
Should one or more of the provisions of this Agreement be held by any to court to invalid,void or
unenforceable,the remaining provisions shall nevertheless remain and continue in full force and
effect, provided that the continuation of such remaining provisions does not materially change the
original intent of this Agreement.
I. DAMAGES AND PENALTIES
I.1 Property Damage
CONTRACTOR must be responsible for any damage to private property caused by
CONTRACTOR's or subcontractor's employees during performance of this Agreement,and must
replace or restore to its original condition any such damaged property at no cost to the occupant,
owner, or MUNICIPALITY, except to the extent such damage is the result of a structural issue
19
unknown to CONTRACTOR(e.g.,faulty septic system or unmarked construction in driveway).
Within five(5)working days of notification of CONTRACTOR by a customer or MUNICIPALITY,of
a claim of fifteen dollars($15.00)or less,CONTRACTOR must resolve or make a commitment to
pay such claim. Within ten(10)working days of notification of CONTRACTOR by a customer or
MUNICIPALITY of a claim in excess of fifteen dollars($15.00), CONTRACTOR must deliver written
documentation to MUNICIPALITY describing the complaint, CONTRACTOR's and complainant's
calculation of damages and either a commitment for immediate payment by CONTRACTOR or a
clear explanation of why CONTRACTOR disputes complainant's claim. This written documentation
must be signed by an officer of CONTRACTOR.
I.2 Penalties
If CONTRACTOR is notified of a violation of this Agreement,and said violation is repeated,
MUNICIPALITY shall be entitled to assess penalties against CONTRACTOR for CONTRACTOR's
repeated failure to perform its obligations under this Agreement. Such penalties shall be
commensurate with the seriousness of the violations and shall range from twenty-five dollars
($25.00)to five hundred dollars($500.00)per violation per day for each day during which the
violation continues. If,within ten(10)days following such assessment,CONTRACTOR requests a
meeting with MUNICIPALITY then,within thirty(30)days following such assessment,the parties
shall meet to discuss the violations and penalties assessed. CONTRACTOR shall pay such
penalties within ten(10)days following such assessment;provided that, in the event the parties
have had a meeting pursuant to this paragraph,CONTRACTOR shall pay such penalties(as may
have been adjusted by MUNICIPALITY in connection with such meeting)within ten(10)days
following such meeting. Nothing herein is intended to limit MUNICIPALITY's ability to seek any
other legal or equitable remedy for breach of contract to which MUNICIPALITY may be entitled.
J. SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon the heirs, personal representatives,successors and
permitted assigns of the parties hereto; provided,however,this provision shall not be deemed to
authorize the assignment or other transfer of this Agreement,which may only be accomplished as
expressly provided in this Agreement.
K. TERMINATION
MUNICIPALITY may by written notice to CONTRACTOR terminate this contract in the event that:
(a)CONTRACTOR fails to comply with any material provision of this contract and fails to cure that
default within thirty(30)days after notice and written demand by MUNICIPALITY to cure the same;
(b)CONTRACTOR is prevented by Force Majeure from complying with a material provision of this
contract for a period of one hundred eighty(180)days;or(c)a bankruptcy, receivership or other
insolvency proceeding is filed by or against CONTRACTOR or its permitted subcontractor and not
dismissed within sixty(60)days. The effective date of such termination shall be ten(10)days
following written notice thereof(or such longer period as may be specified in such notice)(such
period,the"Delay Period"). Notwithstanding the foregoing, if, pursuant to the following paragraph,
CONTRACTOR has disputed MUNICIPALITY's termination of this contract prior to the expiration of
the Delay Period,the effective date of termination shall be as specified in the following paragraph.
A termination by MUNICIPALITY upon CONTRACTOR's default shall not be deemed to relieve
CONTRACTOR of any of its obligations under the Site Assignment Decision.
In the event that CONTRACTOR disputes MUNICIPALITY's right to terminate the contract pursuant
to this Section VIIIX,such dispute shall be considered to have arisen when CONTRACTOR sends
MUNICIPALITY a written notice of dispute. Such dispute shall in the first instance be the subject of
informal negotiations between the parties. The period for informal negotiations shall be fourteen
(14)days from receipt of the written notice of dispute unless such time period is modified by written
agreement of the parties. In the event that the parties cannot resolve the dispute by informal
negotiation,the termination of the contract shall be effective ten(10)days following the expiration of
the information negotiation period(or such longer period as may be specified by MUNICIPALITY)
unless either party submits the dispute to JAMS in Boston, Massachusetts for arbitration before a
single arbitrator in accordance with the JAMS Streamlined Arbitration Rules and Procedures(or
20
successor rules)then in effect. Each party hereby agrees to consent to such submittal. Within 45
days following initiation of arbitration,the parties shall reach agreement upon and thereafter follow
procedures assuring that the arbitration will be concluded and the decision rendered within no more
than three(3)months from selection of the arbitrator. Failing such agreement,JAMS will design
and the parties will follow procedures that meet such a time schedule. The arbitrator shall
determine whether MUNICIPALITY had the right to terminate this contract pursuant to this Section
K but shall not award damages of any sort. If the arbitrator determines that MUNICIPALITY had
the right to terminate this contract pursuant to this section,the contract shall terminate effective as
of ten(10)days following issuance of the arbitrator's decision(or such longer period as may be
specified by MUNICIPALITY). If the arbitrator determines that MUNICIPALITY did not have the
right to terminate the contract pursuant to this section,the contract shall remain in effect. The
arbitrator's fees shall be borne by the party that first submits the dispute to arbitration but shall be
shared equally by the parties if the submitting party prevails. Each party shall bear its own costs
with respect to the arbitration. Notwithstanding the foregoing, if it is determined by the arbitrator
that a party has advanced material claims frivolously or in bad faith, such party shall solely bear the
arbitrator's fees and the other party shall be entitled to payment of its reasonable costs and fees
(including,without limitation, attorney's fees and travel expenses)incurred with respect to the
arbitration.
L. FORCE MAJEURE
In the event that a party is rendered unable,in whole or in part, by Force Majeure to carry out its
obligations under this Agreement,such affected party shall notify the other party as soon as
reasonably possible of the Force Majeure,and shall specify the particulars thereof(including the
expected duration thereof)and what actions have or will be undertaken to correct the Force
Majeure. Except for unpaid financial obligations arising prior to an event of Force Majeure,the
affected party's obligations shall be suspended to the extent made necessary by, and for the period
of,such Force Majeure. The affected party shall exercise reasonable good faith efforts to remove
the cause or mitigate the effect of the Force Majeure.
As used in this Agreement, "Force Majeure"means a cause or event, not reasonably within the
control of the affected party(other than the financial inability of such party),which precludes the
affected party from carrying out,in whole or in part, its obligations under this Agreement. For
avoidance of doubt, Force Majeure may include a change in local law or regulation which precludes
performance by the affected party.
SECTION IX: INSURANCE REQUIREMENTS
CONTRACTOR must provide MUNICIPALITY evidence of minimum insurance coverage as stated
below at the expense of CONTRACTOR. The insurance certificate must name MUNICIPALITY as
an additional insured with respect to the required commercial general liability insurance in order to
protect the interest of MUNICIPALITY from any liability which might be incurred by it as the result of
any action or omission of CONTRACTOR, its permitted subcontractors, or their employees.
The insurance required shall include all major divisions of coverage, and shall be on a
comprehensive general basis including Premises and Operations(including X-C-U),Owner's and
Contractor's Protective, and Owned, Non-owned,and Hired Motor Vehicles. Such insurance shall
be written for not less than any limits of liability required by law or the following limits,whichever are
greater.
Certificates must be presented to MUNICIPALITY at the time the Agreement is signed by
CONTRACTOR.
Each policy shall contain a 30-day notice of cancellation, change or non-renewal.
Notice of Occurrence is to be given to the Town Manager at Town Hall, 120 Main Street, North
Andover, MA 01845.
21
p
Carriers must have an A.M. Best rating of A+or better.
Insurance policy must cover the entire Term.
A. Owner's Protective Liability:
Each Occurrence $ 500,000
Aggregate $ 500,000
B. Commercial General Liability:
General Aggregate $2,000,000
Each Occurrence $1,000,000
C. Automotive-For all owned, non-owned, hired and leased vehicles:
Each Occurrence Combined Single Limit $1,000,000
or
Bodily injury-each person $1,000,000
-each accident $1,000,000
Property damage-each occurrence $1,000,000
D. Umbrella:
Combined single limit $4,000,000
General aggregate $4,000,000
E. Worker's Compensation: Scope and amount as required by law
CONTRACTOR MAY PURCHASE AND MAINTAIN EXCESS LIABILITY INSURANCE IN THE
UMBRELLA FORM IN ORDER TO SATISFY THE LIMITS OF LIABILITY REQUIRED FOR THE
INSURANCE TO BE PURCHASED AND MAINTAINED IN ACCORDANCE WITH THE
REQUIREMENTS SET FORTH ABOVE. EVIDENCE OF SUCH EXCESS LIABILITY SHALL BE
DELIVERED TO OWNER IN THE FORM OF A CERTIFICATE INDICATING THE POLICY
NUMBERS AND LIMITS OF LIABILITY OF ALL UNDERLYING INSURANCE. MUNICIPALITY
MUST BE AN ADDITIONAL INSURED ON ANY SUCH UMBRELLA POLICY.
NOTWITHSTANDING THE SPECIFICATION ABOVE OF MINIMUM COVERAGE AND LIMITS OF
LIABILITY, IT SHALL BE CONTRACTOR'S RESPONSIBILITY TO PURCHASE AND MAINTAIN
INSURANCE OF SUCH CHARACTER AND IN SUCH AMOUNTS AS WILL ADEQUATELY
PROTECT IT AND MUNICIPALITY FORM AND AGAINST ALL CLAIMS, DAMAGES, LOSSES
AND EXPENSES RESULTING FROM EXPOSURE TO ANY CASULATY LIABILITY IN THE
PERFORMANCE OF CONTRACTOR'S OBLIGATIONS UNDER THIS CONTRACT.
[Remainder of Page Intentionally Leff Blank]
22
x ,
IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by their duly
authorized representatives as of the date first above written.
TOWN OF N TH ANDOVER
' �T"'
Name: t .4 r'•+G. �j5. /+ /
Title: 'Tbl,t,AI Wl��'L�( *-�-�7iG f 2=P� bLA Pei &/A,'a'K14 '"d'LAeA
LO
THOMSON BROTHERS INDUSTRIES, INC.
By:
Name:
Title:
IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by their duly
authorized representatives as of the date first above written.
TOWN OF NORTH ANDOVER
By:
Name:
Title:
THOMSON BROTHERS INDUSTRIES,INC.
Name:
Title: OWA1
APPENDIX A - Service Recipient Classes
1. All residential units
2. All facilities owned or used by MUNICIPALITY, including all North Andover Schools and including,
without limitation,the following facilities:
Osgood Landing-1600 Osgood Street(municipal tenants)
3. Eligible Businesses, which shall include all commercial, business, industrial and institutional buildings
eligible for refuse collection under Chapter 115 of the General Bylaws of the Town of North Andover as
in effect from time to time. A list of Eligible Businesses as of May 1, 2008 is attached to this Appendix
A. MUNICIPALITY shall maintain the list of Eligible Businesses and notify CONTRACTOR in advance
of changes to this list.
4. Special Service Recipients,which shall include all commercial, business, industrial and institutional
buildings that do not otherwise qualify as Service Recipients,subject to the provisions of Section II.B.1.
Attachment to Appendix A
ELIGIBLE BUSINESSES AS OF MAY 19 2008
NAME OF BUSINESS ADDRESS
Flourishes 28 Main Street
Ye Olde Pepper Companies Candies 63 Main Street
Afarian Oriental Rugs 18 Waverly Road
Simply Elegant 85 Main Street
Super Hair Care 15 Main Street
Anderson Jewelry 67 Main Street
A&M Appliances Inc. 44 Main Street
North Andover Insurance Agency 9 Waverly Road
Daeva 16 Main Street
Tina's Place 11 Main Street
Top Notch Cuts 24 Main Street
J&T Auto Services 77 Main Street
Val's 91 Main Street
Mac Donald&Pa lone Insurance 104 Main Street
St. Paul's Episcopal Church 390 Main Street
Mal's Barber Shop 128 Main Street
Joe's Variety 220 Middlesex Street
Upper Crust Pizza 127 Waverly Road
Callahan Air Conditioning 91 Belmont Street
Harrington Insurance 126 R Main Street
D.E.Small Electric 9 Waverly Road
Brookline Machine Shop Belmont Street
Creative Kids-BEEM 71 Main Street
Dewhirst&Conte Funeral Homes 17 3a Street
Old Andover Travel 1 Johnson Street
The Hay Scales Exchange, Inc. 2 Johnson Street
Masonic Lode Johnson Street
Top of the Scales 4 Johnson Street
The North Parish, UU 190 Academy Road
Memory Lane Studios 615 Mass.Ave.
Nevins Adult Day Care old center
A.L. McGregor Fence Route 114
Century 21 94 Peters Street, 114
Andover Flower Farm Rte. 114
Mutual Sales 1650 Turnpike Street, 114
Countryside Real Estate Offices Route 114
William Barrett Route 114
Hatem&Mahoney LLP 127 Turnpike Street, 114
The Country Nook 61 Water Street
ViVi Nails 67 Water Street
Alternative Designs 52 Water Street
Rosie's Cakes N' More 56 Water Street
Maroons Hair 93 Water Street
Pars Video 93 Water Street
Richard's TV 48 Water Street
Trinitarian Congregational Church 72 Elm Street
Marco Rubber 334 Clark Street
Riemitis Communications 1148 Osgood Street
For etta's Flowers 1296 Osgood Street
Barkers Farm 1267 Osgood Street
Lawrence Municipal Airport 492 Sutton Street
Landers Electrical 1000 Osgood Street
Nancy Chippendale Dance 110 Sutton Street
Automobile Technology 29 Main Street
The N.A.Thrift Shop 172 Sutton Street
Trombly Bros. Inc. 141 Sutton Street
K&C Inc 60 Ashland Street
The Maids 60 Ashland Street
Paradise Day Spa 242 Sutton Street
ECA Group 60 Ashland Street
APPENDIX B — Designated Collection Recyclables
1. Ordinary Collection Recyclables
A. Paper
B. Glass
C. Steel(tin)
D. Aluminum
E. Plastics 1-7
F. Cardboard
G. Wax-coated beverage cartons
H. Other recyclable materials(excluding yard waste and food waste)normally included in other municipal
recycling programs in Eastern Massachusetts, provided there is an active market for recycling such
material
II. Yard Waste
Yard Waste includes leaf and yard waste(including Christmas trees)set out by Residential
Service Recipients.
III. Special Collection Recyclables
A. White Goods
All so-called"white goods'(e.g., large appliances such as refrigerators and dishwashers and
refrigerant-containing small appliances such as air conditioners and dehumidifiers).
(For avoidance of doubt,the parties agree that CONTRACTOR is not required to pick up Special
Collection Recyclables from a Service Recipient unless the Service Recipient calls
CONTRACTOR to request pick up and pays any recycling fee in advance.)
B. Electronic Equipment
Cathode ray tubes(and equipment containing cathode ray tubes)
Miscellaneous electronic equipment
IV. Reusable Furniture
Reusable furniture set out by Residential Service Recipients. (CONTRACTOR shall have the
right to reject any unusable furniture but CONTRACTOR shall not act unreasonably in rejecting
furniture.)
APPENDIX C — Designated Drop-off Recyclables
I. Ordinary Drop-off Recyclables
A. All Ordinary Collection Recyclables
B. Oil filters
C. Reusable furniture dropped off by Residential Service Recipients
ll. Special Drop-off Recyclables
A. All Special Collection Recyclables
B. Other Waste Materials
1. Tires
2. Cathode ray tubes(and equipment containing cathode ray tubes)
3. Fluorescent bulbs and ballasts
4. Oil and latex paint
5. Automobile batteries
6. Button batteries
7. Nickel cadmium batteries
8. Hard and soft cover books, recorded compact discs or other recorded media
9. Clothing
10. Mercury thermometers and thermostats and other mercury-containing devices
11. Propane tanks
12. Scrap metal
13. Miscellaneous electronic equipment
14. Waste oil'
C. Construction and Demolition Debris
Construction and demolition debris from projects undertaken by any Municipal Service
Recipient.
Construction and demolition debris from minor home remodeling and repair projects
undertaken on the premises of any Residential Service Recipient.
CONTRACTOR shall not be required to accept waste oil unless and until CONTRACTOR obtains any approval from
the Massachusetts Department of Environmental Protection that may be required to allow CONTRACTOR to accept
waste oil at the TBI Facility.
^ ^
�
APPENDIX D - Set-out Requirements
|. General Set-out Requirements
Recycling Containers may be appropriately marked containers of any size up to a capacity of sixty-
four(64)gallons.
Overflow material shall baplaced adjacent to Recycling Cnntainer(n)in brown paper bags nrother
easily handled containers.
Designated Collection Recyclables,whether or not required to be placed into Recycling Containers,
shall be placed within six(8)feet of the curbside. Curbside refers to that portion of the right-of-way
adjacent to paved ur traveled roadways(including aU ) Reoydob|ao shall be placed inamanner
that will not interfere with or endanger the movement of vehicles or pedestrians. When construction
work is being performed in the right-of-way, recyclables shall be placed as close as practicable to
an access point for the collection vehicle.
Recycling Containers,when set out with recyclables,shall not be heavier than sixty(60)pounds.
Notwithstanding the foregoing, in the case of Large Multi-Family Residences,the point of collection
(which may be an appropriate dumpster)shall be mutually agreed to by CONTRACTOR and the
owner or governing association of the residential complex ordevelopment, The collection point
must provide safe and efficient access to CONTRACTOR's collection crew and vehicle. In the
event an appropriate location and schedule cannot beagreed upun. CONTRACTOR shall report
such lack of agreement to MUNICIPALITY and MUNICIPALITY shall mediate the dispute and
designate the location and schedule for pick-up.
Notwithstanding the foregoing, in the case of facilities owned or used by MUNICIPALITY(including
the North Andover Schools), MUNICIPALITY shall have the right to use an alternative set-out
method(which may bean appropriate dumpstar)provided that MUNICIPALITY provides
reasonable advance notice thereof to CONTRACTOR and further provided that the point of
collection provides safe and efficient access to CONTRACTOR's collection crew and vehicle.
A proper set-out of recyclables shall not contain more than ten percent(10%)contamination by
weight of materials other than Designated Collection Raoydab|eo.
U. Single Stream Recycling Set-out Requirements
In additional to meeting the general specifications set forth above, but subject to the special
provisions above for Large Mu|d'Fami|yReuidoncpe and MUNICIPAL facilities, Gamicn Recipients
shall:
° place all Ordinary Collection Recyclablesin Recycling Containers(provided that Service
Recipients may separate such recyclables in a traditional"dual stream"set-out);
" place Yard Waste in separate paper bags or containers marked"Yard Waste";and
° place Special Collection Rouyc|ab|ennn curb separate from otherenyn|ob|ea.
APPENDIX E — Form of Monthly Recycling Data Report
MONTHLY RECYCLING DATA2
Month: Year:
Material Amount Units %from Commercial Sources
(provide best estimate if unkown
Curbside collection by tons collected
CONTRACTOR
Provision of drop-off services tons accepted
by CONTRACTOR
Single stream recycling tons received
Scrap metal/white goods tons received
Textiles/used clothing tons received
C&D material tons received
Swap shop tons received
Other residential material tons received w . .
LeavesNard Waste tons collected r
Christmas trees number of trees v sx
Auto batteries number Al .,, ,
Auto tires tons accepted
CRTs/electronics pounds Mv
Wastes/used engine oil number of gallons .�
Household batteries(alkaline) number of 5-gallon
ails
Propane tanks number
Anti-freeze number of 55-gallons
f
drums
Used oil filters number of 55-gallon
drums
Latex/oil based paint number of cubic yard
boxes
Fluorescent lamps/bulbs number of linear feet
Household batteries(button) number of 5-gallon r
ails
Thermostats number
Thermometers number
Flow meters number
Mercury switches number
Elemental mercury number
2 Based on DEP 2007 Municipal Recycling& Diversion Data Sheet