NORTHSIDE CARTING SOLID WASTE CONTRACT 2008City of Salem, Massachusetts
Contract
For
Solid Waste and Recyclable Materials
Collection and Disposal
City of Salem
Washington Street
Salem, Massachusetts 01970
July 1, 2008
TABLE OF CONTENTS
Article1 - Overview......................................................................................................................................4
I -A Description of Contract.................................................................................................................4
1-B Community Profile........................................................................................................................4
I -C Description of Solid Waste & Recycling Collection Program.....................................................4
1-D Definitions.....................................................................................................................................5
Article2 - Contract Terms.............................................................................................................................7
2-A
Recycling and Solid Waste Collection..........................................................................................7
2-13
Solid Waste Disposal.....................................................................................................................9
2-C
Recyclable Materials Processing..................................................................
2-D
Christmas Trees Collection...........................................................................................................9
2-E
Yard Waste Collection...................................................................................................................9
2-F
White Goods and Scrap Metal..........................................................................
10
2-G
Bulky Items................................................................................................................................10
Article3
- General Information...................................................................................................................10
3-A
Start Date................................................................................................................:....................10
3-13
Collection Route..........................................................................................................................10
3-C
Communication with Residents............................................................................:.....................11
3-D
Preparation of Materials..............................................................................................................
I 1
aSolid
Waste..................................................................................................................................11
bRecyclable
Materials...................................................................................................................11
3-E
Municipal Facilities and Schools Collection...............................................................................12
3-F
Holiday Collection.......................................................................................................................13
3-G
Inclement Weather..................................................................................:....................................13
3-H
Collection Vehicles.....................................................................................................................13
3-1
Care of Citizens' and Municipal Property ...................................................................................14
34
Customer Service, Daily Contact and Managing Agent..............................................................15
3-K
Meeting Between Contractor and City ........................................................................................15
3-1,
Inspection and Reports................................................................................................................15
3-M
End of Route Reporting...............................................................................................................16
3-N
Complying with Directions.........................................................................................................16
3-0
Complaints and Individual Collections.......................................................................................16
3-P
Materials from Other Sources......................................................................................................17
3-Q
Contaminated Recyclable Materials............................................................................................17
3-R
Rejected Trash Loads................................................................................................................
17
3-S
Hazardous Materials....................................................................................................................17
3-T
Ownership of Recyclable Materials............................................................................................18
3-U
Employees, Training and Uniforms.............................................................................................18
3-V
New Employees...........................................................................................................................18
3-W
Salvaging....................................................................... ....................................................
..........18
3-X
Waste Reduction Program.......................................................................................................
18
3-Y
Educational Programs and Scholarship.................................................................
18
Article4 - Collection...................................................................................................................................19
4-A
Collection Points.........................................................................................................................19
4-B
Collection Schedule.....................................................................................................................19
4-C
Collection Time...........................................................................................................................19
4-D
Missed Pickups............................................................................................................................19
4-E
Non -collection Notices................................................................................................................20
4-F
Improperly Prepared Materials....................................................................................................20
4-G
Oversized Receptacles...................................................................................................................20
4-H
Yard Waste and Christmas Trees................................................................................................20
4-I
Mixing Recyclable Materials with Solid Waste..........................................................................20
4-J
Cleanup on Route........................................................................................................................20
4-K
Spillage of Waste or Recyclable Materials..................................................................................20
4-1,
Hazardous Waste Spills...............................................................................................................20
4-M
Accidents and Breakdowns.........................................................................................................21
Article5
- Solid Waste Disposal .................................................................................................................21
5-A
Solid Waste Disposal...................................................................................................................21
5-B
Permits and Licenses...................................................................................................................21
5-C
Weights........................................................................................................................................21
5-D
Hours of Operation....................:.................................................................................................21
5-E
Capacity.......................................................................................................................................21
5-F
Alternative Disposal Facility.......................................................................................................21
Article 6 - Recyclable Materials Processing................................................................................................21
6-A
Processor Facility Location.........................................................................................................21
6-13
Permits and Licenses...................................................................................................................22
6-C
Disposal Conditions.....................................................................................................................22
Article 7 - Christmas Tree and Yard Waste Collection...............................................................................22
7-A
Christmas Tree Collection...........................................................................................................22
7-B
Yard Waste Collection.................................................................................................................22
Article 8 - Payments to Contractor and the Contract Sum..........................................................................22
8-A
Compensation to be Paid to Contractor.......................................................................................22
8-13
Disputes.......................................................................................................................................23
8-C
Option to Extend Contract...........................................................................................................23
8-D
Option to Review Contract........................................................................................................
23
8-E
Fuel Cost Adjustments.................................................................................................................23
8-F
Liquidated Damages....................................................................................................................24
Article9 - Insurance...................................................................:...............................24
Article10
-Other Conditions......................................................................................................................26
10-A
Not to Assign or Subcontract......................................................................................................26
10-B
Performance Bond.......................................................................................................................26
10-C
Changes in the Contract...............................................................................................................26
10-D
Contract Compliance...................................................................................................................26
10-E
Force Majeure..............................................................................................................................26
10-F
Termination for Improper Performance.......................................................................................27
10-G
City's Liability ............................................................................................................................28
10-H
Protection Against Liability ........................................................................................................29
10-1
Licenses and Permits...................................................................................................................29
10-J
Laws and Regulations..................................................................................................................29
10-K
Prevailing Wage Rates.................................................................................................................30
10-L
Severability ...................................................................................................30
10-M
Entire Agreement............................................................................................30
10-N
Attorney's Fees..............................................................................................30
4
AppendixA: Data......................................................................................................................................32
AppendixB: Tables..................................................................................................................................33
Table1 - Municipal Buidlings.................................................................................................................33
Table2 - Schools.....................................................................................................................................33
Table 3 - Other Municipal Locations....................................................................................................
33
Table 4 - Public Housing Complexes.....................................................................................................
34
Table 5 - Park Receptacles.........................................................................................
34
Appendix C:
Condominiums............................................................................:..............................:.................................36
Appendix D: Liquidated Damages............................................................................................................38
Appendix E: Prevailing Wage Rates.........................................................................................................40
Appendix F: Recycling Information........................................................................................................
41
Appendix G: Small Businesses....................................................................................43
Attachments
Certificate of Insurance
Contractor's Proposal and Bid Sheets
3
CONTRACT
The City of Salem, a municipal corporation located in the Commonwealth of Massachusetts, by
its Mayor, duly authorized who, however, incurs no personal liability by reason of the execution
hereof or anything herein contained, and Northside Carting, Inc. having a usual place of business
at 210 Holt Road, North Andover, MA (herein designated as the "Contractor") agree as follows:
1. Whenever the word "Contractor' is used in this agreement, it shall be understood to include
his, hers, theirs, or its heirs, executors, administrators, successors, assigns, employees, agents
and representatives. The Contractor shall do all the work and famish all the material, equipment
and labor, except as herein otherwise specified, necessary or proper for performing and
completing the work hereinafter specified.
2. Whenever the word "City" is used in this agreement, it shall be understood to mean the City
of Salem, Massachusetts, acting through its Mayor. The work "Engineer' or "Engineers",
"Department of Public Services" or "City Engineer', or pronouns in place of them shall be
deemed to refer to said Mayor of the City of Salem, Massachusetts, either directly or through his
or her properly authorized assistants or agents acting severally within the scope of the particular
duties entrusted to them.
3. The Contractor agrees to do, all the work and furnish all the vehicles, equipment and labor for
collecting, transporting and disposing of all the solid waste collected within the City of Salem
during the term of this Contract, as set forth herein, all in accordance with the terms and
provisions of this Contract, in a proper, thorough and workmanlike manner and to the reasonable
satisfaction of the Mayor.
Overview
1-A Description of Contract
The Contractor shall provide the City of Salem with municipal solid waste and recyclable
materials collection, disposal, and processing services. The term will be for a five-year period
commencing July 1, 2008, except as otherwise provided herein, and ending June 30, 2013.
1-13 Community Profile
The City of Salem is a diverse community with a population of approximately 43,000 people
living in roughly 15,400 households. In contract year (hereinafter "CY") 2007 the City collected
approximately 18,689 tons of solid waste, 1,795 tons of mixed paper and 685 tons of
commingled materials as listed in Appendix A. There are currently 137 miles of road in the City
of Salem, which occupies an area of 7.99 square miles.
1-C Description of Solid Waste & Recycling Collection Program
The City collects solid waste and recyclable materials from residential units and 235 small
businesses as defined herein and listed in Appendix A, and 8 schools and municipal facilities and
locations as listed in Appendix B. The schools, certain public housing complexes, certain
condominiums and municipal facilities are serviced with dumpsters for solid waste collection,
unless otherwise noted. Recyclable materials are collected from municipal facilities and schools
using 95 -gallon wheeled carts or dumpsters, if indicated. Recycling shall be collected from all
business that place material curbside regardless of whether they are included in the list of small
businesses from which solid waste is collected.
1-D Definitions
BAG -Plastic sacks designed to store solid waste with sufficient wall strength to maintain
physical integrity when lifted by the top.QVolume shall not exceed 35 gallons and total weight of
a bag and its contents shall not exceed 50 lbs.
BULKY WASTE — Furniture, predominantly non-metallic, weighing over 50 pounds.
BUNDLE - Items securely tied together forming an easily handled package not to exceed three
feet in length or 501bs in weight.
CITY- The City of Salem
CITYENGINEER — City Engineer or his or her designee.
CONSTRUCTIONDEBRI: - Waste building materials resulting from construction, remodeling,
repair or demolition operations.
CONTAINER - A receptacle for solid waste or recycling. For the purposes of curbside
collection of solid waste, a container shall mean a receptacle with a capacity no greater than 35
gallons constructed of plastic, metal, or fiberglass, having handles or construction to provide
adequate strength for lifting and having a tight fitting lid. The mouth of the container for
curbside collection of solid waste shall have a diameter greater than or equal to that of the base. 41
The weight of the container and its contents shall not exceed 50 lbs.
CONTRACT DOCUMENTS — This Contract, the Bid Documents, Contractor's Performance
Bond, and any addenda or changes to the foregoing documents agreed to by the City and the
Contractor.
CONTRACTOR(s) - The Company or Corporation receiving the Contract for Municipal Solid
Waste Services and/or Recycling Services with the City of Salem.
EQUIVALENT NO. OF BAGS — No more than 105 gallons in total when placed in 3 or le
bags or receptacles.
HAZARDOUS MATERIALS - As defined in Section 3-S.
DISPOSAL FACILITY - A Solid Waste depository including but not limited to sanitary
landfills, transfer stations, incinerators and waste processing and/or separation centers licensed,
permitted or approved by all governmental bodies and agencies having jurisdiction and requiring
such licenses, permits or approvals to receive Solid Waste from the City of Salem for processing
or final disposal.
HOLIDAY- The term "holiday" when used in connection with days of collection, shall include
Sundays in addition to the following eleven Holidays: New Years Day, Martin Luther King Day,
Presidents Day, Patriots Day, Memorial Day, Fourth of July, Labor Day, Columbus Day,
Veterans Day, Thanksgiving Day, Christmas Day and such other holidays as determined by the
City.
HOUSEHOLD - The single residential unit within a single or multi -family complex.
MANAGING AGENT — A full-time employee of the Contractor who shall work with the City to
address resident complaints, educate residents about recycling, identify unacceptable waste
placed at curbside and other duties outline in Contractor's response to the City's Request for
Proposal.
MUNICIPAL COLLECTION PROGRAM— Program that collects solid waste and recyclable
materials, including yard waste and non-freon bearing white goods and scrap metal from eligible
residents, small businesses, municipal buildings, and schools.
MUNICIPAL FACILITIES- The municipal locations listed in Appendix B.
PROCESSING FACILITY - North Shore Recycled Fibers of Salem, Massachusetts ("NSRF"),
the facility where the recyclable material described in this Contract shall be taken by the
Contractor for processing. The City represents that it has made all the necessary arrangements
with NSRF for the transfer of all recyclable material from the City by the Contractor for the
duration of this Contract.
RECYCLABLE MATERIAL - Material that has the potential to be recycled and is identified
listed and accepted as such by NSRF and which is not commingled with non -recyclable solid
waste or contaminated by significant amounts of toxic substances as per 310 CMR 19.006.
REFUSE/RUBBISH- Solid waste, not including recyclable material.
RESIDENTIAL UNIT - A dwelling within the corporate limits of the City occupied by a person
y X 4\ or group of persons comprising not more than six (6) families. Dwellings within specified
condominium complexes and public housing complexes, whether of single or multi-level
construction, shall be treated as a Residential Unit. Each residential unit shall be subject to a
Weekly disposal limit of the equivalent of three 35 gallon receptacles and one bulky item per
eek.
SCHOOLS - The schools listed in Appendix B.
SMALL BUSINESSES On or before Ja uary 1, 2009, any grandfathered commercial facility
may set out no more than t 35 gallon bags or receptacles, no larger than 35 gallons and
not weighing more than 50 pounds, (or # of bags equivalent to 105 gallons) plus I bulk item of
solid waste each week. Any and all Solid Waste is excluded that is produced from small
businesses that employ any form of Commercial Solid Waste pickup and from small businesses
that have any form of dumpster on their premises. The intent of Small Business Waste is to offer
collection services to those businesses that generate such a small amount of Solid Waste that are
considered equivalent to a Residential Unit.
0
SOLID WASTE - Useless, unwanted or discarded solid or liquid material, as per 310 CMR
19.006. The term "liquid" refers to the incidental liquids subscribers discard in their trash cans.
Solid Waste consists of Rubbish, Bulky waste, residential Garbage, and Small Business Waste.
Solid Waste can be contained in Bags and Containers. Unacceptable Waste is specifically
excluded from Solid Waste. Any Recycled Items are also specifically excluded from Solid
9 Waste.
TRASH LIMIT— On or before January 1, 2009, a limit shall be imposed of 3 receptacles, no
larger than 35 gallons (or equivalent # of trash bags totaling 105 gallons) and not weighing more
than 50 pounds, plus 1 bulk item per week. The City, through its Board of Health, shall provide
a staff person to assist the Contractor's Managing Agent in educating, monitoring and enforcing
a mandatory cardboard recycling program and 3 receptacle per week solid waste disposal limit.
Unless otherwise agreed by the parties, the Contractor shall not collect and dispose of any solid
waste at any location in excess of the trash limit.
UNACCEPTABLE WASTE - All Hazardous Waste, those items banned from disposal as
310 CMR 19.017, all solid waste rejected from a disposal facility, ineligible Commerci
Garbage, ashes from heating plants, wood and coal stoves, stones, rocks, automobile parts
sewage wastes and dead animals.
WHITE GOODS - Stoves, refrigerators, water coolers, bubblers, dishwashers, clothes dryers,
washing machines, freezers, air conditioners, dehumidifiers, microwaves.White Goods shall be
classified as either freon containing or non freon containing types. %
J if//Ole
Article 2 - Contract Terms
2-A Recycling and Solid Waste Collection
Solid Waste Collection - The Contractor shall provide for the collection of municipal solid
waste from all eligible and participating residential units, small businesses, municipal, and
school facilities and specified events and public space venues within the City of Salem in
compliance with all applicable laws, as set forth herein. The Contractor shall be responsible for
collecting all acceptable solid waste at each property incorporated within the Contract, regardless
of the number of receptacles, during the first six months of the Contract. The City, through its
Board of Health, shall, however, during the first six months of the Contract and thereafter
through the term of this Contract, provide a staff person to monitor and enforce a mandatory
cardboard recycling program and three (3) receptacle per week solid waste disposal limit.
Recyclable Materials Collection - The Contractor shall provide for the collection of recyclable
materials from all participating residential units, all businesses (placed curbside), municipal
facilities and schools, and specified events and public space venues within the City of Salem in
compliance with all applicable laws, as determined by the City Engineer. The City, through its
Board of Health, shall provide a staff person to monitor and enforc manda card
recycling program and three (3) receptacle per week solid waste.dispo it following the
initial grace period. The Contractor shall provide a full-time Managing Agent who shall assist
the City in monitoring and enforcement.
Recyclable Materials to be collected shall include, as a minimum:
Commingled containers
Glass: clear, brown and green bottles and jars
Aluminum: cans, foil and trays
Metal: steel, tin, cans, and lids
Plastic Containers: #1 through #7
Mixed Paper
Newspapers and advertisement inserts, magazines, telephone books, paperback books,
catalogues, junk mail, white and colored office paper, brown paper bags, boxboard, and
corrugated cardboard no larger than 3'X3', flattened, bundled and tied.
Residential and Small Business Facilities:
The Contractor shall provide weekly collection of solid waste and weekly collection of
recyclable materials from all eligible residential units and small businesses. Weekly
recycling shall begin on August 4, 2008 or thereafter as mutually agreed upon by the parties.
The parties agree to work cooperatively to educate and provide notice of the City's recycling
program and the change in the collection schedule.
Municipal Facilities & Schools:
The Contractor shall provide collection of solid waste and recyclable materials from
Municipal Facilities and Schools as listed in Appendix B.
The Contractor shall be responsible for supplying and maintaining appropriately sized
rubbish and recycling containers for Municipal Facilities and Schools at no additional cost.
The Managing Agent shall work with each school principal to improve recycling at the
schools and develop an educational program for the students.
At any time and from time to time during the term of this Contract, the City may, request a
different size container, or add or delete pickups from containers located at municipal
facilities and schools, and may delete entirely pickup from any or all locations listed in
Appendix B.
Special Events, Downtown and Park Receptacles
The Contractor shall provide roll -off containers and dumpsters as needed for the collection
and disposal of solid waste or other materials for special events (see Appendix).
Additionally, the Contractor shall service 117 trash receptacles located throughout the
downtown area daily May 1 through October 31 and 60 receptacles 3 days a week November
1 — April 30 and service 152 trash receptacles within the City's parks as listed in Appendix B
daily May I through October 31 and on Mondays and Fridays November 1 though April 30.
2-B Solid Waste Disposal
The Contractor shall secure sufficient disposal capacity for solid waste collected for the duration
of this contract. The disposal cost shall be part of the Contractor's lump sum bid, except as
otherwise provided herein.
The Contractor shall provide the City, in writing, with the name, address and other information
reasonably requested by the City for the disposal facilities(s) where solid waste is taken. The
Contractor shall notify the City in writing of any changes in the disposal locations. If due to the
government regulation ruling, the Disposal Facility is not available to dispose of the City's solid
waste, the Contractor shall be responsible for providing alternative disposal facilities at no
additional cost to the City.
At the City's option, with 90 days notice before the expiration of the second year of the contract,
the City may elect to dispose of its solid waste on a per -ton basis at a cost provided in the
Contractor's bid. Additionally, should the Contractor begin to operate a 400 ton per day transfer
station within the City, the City may elect the alternate in the Contractor's bid and/or negotiate,
in good faith, an adjustment in disposal costs with the Contractor.
2-C Recyclable Materials Processing
The Contractor shall transfer all recyclable materials collected pursuant to this Contract to the
processing facility. The Contractor shall not be responsible for processing of recycling. The
City shall provide the Contractor a list of materials accepted by the processing facility and will
notify the Contractor of any changes in materials accepted by the facility.
The Contractor shall use its best efforts to minimize the incineration or landfill disposal of
recyclable materials. The Contractor shall be entitled to incinerate or dispose at a landfill, at the
Contractor's sole expense, any individual load of recyclable material not acceptable to the
secondary market due to contamination, provided that the Contractor shall notify the City of the
dates, disposal sites and tonnage of unacceptable recyclable material incinerated and/or landfill.
2-D Christmas Trees Collection
The Contractor providing solid waste collection shall provide collection of Christmas trees from`
Salem residents for a 1 week period in January. The collection week shall be mutually
determined by the City and the Contractor. The Contractor shall deliver the collected trees to a
site designated by the City Engineer within the City or a DEP permitted composting facility of
Contractor's choice. The Contractor shall provide the City, in writing, with information on the
composting facility where Christmas trees are to be taken. The Contractor shall notify the City in
writing of any changes in the composting location.
2-E Yard Waste Collection
The Contractor shall provide 5 weeks of yard waste collection from residents. Yard Wastesha
be collected on a schedule mutually determined by the City and the Contractor. The Contractor
shall be required to collect yard waste only if it is placed in yard waste paper bags or bulk
containers no larger than 35 gallons clearly marked "yard waste". The Contractor shall not
collect yard waste in plastic bags. The Contractor shall deliver the collected yard waste to a
DEP permitted composting facility of their choice. The Contractor shall provide the City, in
writing, with information on the composting facility where yard waste is to be taken. The
of
Contractor shall notify the City in writing of any changes in the composting location. Additi
collection weeks may be added and the City shall pay the Contractor $2,500 for each additic
week.
2-F White Goods (non-freon containing) and Scrap Metal /
The Contractor providing solid waste collection shall be required to pick up non- freon L
containing white goods and scrap metal from eligible residences and small businesses on a
weekly basis. White Goods and scrap metal pick up will be done by appointment, as arranged for
between the resident and the contractor. Proper Disposal of these items shall be at the sole
expense of the contractor. Contract shall place a container for white goods at the Department of
Public Works Garage.
2-G Bulky Items
The contractor shall be required to pick up no more than one (1) bulky item per unit per week
from residents and small businesses as part of the weekly solid waste collection.
Article 3 - General Information
3-A Start Date
The Contractor shall commence work under the terms of this Contract as of July 1, 2008, except
as otherwise provided herein. If delays are caused by acts of God, acts of government or state,
extra work or other contingencies clearly beyond the control or responsibility of the Contractor,
the Contractor shall be entitled to additional time wherein to perform and complete this Contract
on his part as the City Engineer shall certify in writing to be just.
3-B Collection Route
The Contractor shall provide the city with its collection route prior to the start of the work. There
shall be no changes in the collection route or schedule without the prior written consent of the
City Engineer, which consent shall not be unreasonably withheld.
Throughout the life of the Contract the Contractor is expected to service residents in more or less
the same order each week. The parties acknowledge the time of collection will vary from
location to location, week to week. It is the Contractor's responsibility to return for any missed
pickups if materials were missed due to change in time of collection that was not approved by
the City Engineer.
Should the Contractor at any time request an alteration in routes or schedules, it shall be the sole
responsibility of the Contractor to notify all affected service recipients of the changes. The
method of notifying service recipients must be approved by the City.
In the event a portion of the collection route is impassible due snow and narrow streets, the
Contractor shall have an alternative collection method if such impasse is longer than three days,
e.g. smaller collection truck.
H
3-C Communication with Residents
Unless otherwise agreed, the Contractor shall provide, at Contractor's expense, written notice of any
changes in the route, schedule or collection of materials, made at the request of the Contractor, to all
service recipients. The content of any notice must be approved by the City.
3-D Preparation of Materials
Solid Waste
All residents are required to place solid waste in plastic bags, receptacles, or other City-appro,
containers. Any bag or receptacle of such design, shape, or size (containing weekly household
solid waste) exceeding 35 gallons, that can not be handled by one person, or that weighs over
fifty (50) pounds need not be picked up. 1 bulk item per week is allowed.
The Contractor shall not commingle recyclable materials intended for recycling with solid waste.
The Contractor shall not commingle leaves and yard waste with solid waste collected under the
contract.
The Contractor shall be required to pick up non freon containing white goods and scrap metal
from residents. Proper Disposal of these items shall be at the sole expense of the Contractor and
is not to be commingled with solid waste and recyclable materials collected under this contras
b Recyclable Materials
As required by the processing facility, recyclable materials shall be separated by residents at 1
point of generation and shall not be the responsibility of Contractor. The following current
categories are subject to change based on technology or regulation:
Commingled
Glass: clear, brown and green bottles and jars
Aluminum: cans, foil and trays
Metal: steel, tin cans, and lids
Plastic Containers: #147
Mixed Paper
newspapers and advertisement inserts, magazines, catalogues, junk mail (with and
without plastic windows and labels), white and colored office paper, telephone books,
paperback books, brown paper bags, boxboard, corrugated cardboard, etc.
All residents are required to place commingled recyclable materials in City -approved containers.
Mixed paper may be placed in paper bags, bundled with twine or placed in a City -approved
container and set clearly apart from regular solid waste.
There shall be no limits to the amount of recyclable materials collected curbside from residents
as long as it is generated at that location.
The Contractor shall not commingle recyclable materials intended for recycling with solid waste.
For a chart describing the preparation of recyclable materials see Appendix F.
3-E Municipal Facilities and Schools Collection
The Contractor will collect, remove, and properly dispose of all garbage, refuse, rubbish, solid
waste and recyclable material that may be produced or exist upon the premises from each of the
containers and facilities listed in Appendix B, subject to the requirements set forth herein.
The Contractor agrees to make collections from each of the Municipal Facilities and Schools at
the frequency specified in Appendix B. This schedule shall not be changed without the prior
written consent of the City Engineer, which consent shall not be unreasonably withheld. At any
time during the term of the Contract, the City may, add or delete pickups from containers listed
on Appendix B, and may delete entirely pickup from any or all locations listed on Appendix B.
The Contractor shall provide, at no additional cost to the City, dumpsters and wheeled recycling
carts for municipal facilities and schools as described in Appendix B. As necessary, the
Contractor shall adjust the number and/or size of containers at any given site to accommodate
solid waste and recyclable materials.
The Contractor shall provide dumpsters for the collection of corrugated cardboard at each of the
schools and municipal facilities as indicated in Appendix B. Collection from Schools shall be
made at least one-half hour before the start of the school day. In the event that collection must
be conducted at another time, collection may not occur within one-half hour of arrival or
dismissal time. No collection from Schools or Municipal Facilities shall occur before 6:00 am or
after 5:00 pm without prior approval of the City Engineer.
No later than seven (7) days prior to the commencement of work, the Contractor shall provide
suitably -sized, water -tight containers for school and municipal collection of both solid waste and
recyclable materials - either dumpsters or containers of galvanized steel or heavy duty plastic
equipped with a tight -fitting lid and capable of being locked. The Contractor shall be
responsible for the maintenance and repair of all containers provided.
All containers shall be kept in a neat, clean, and relatively odor -free condition. Tops of the
containers should be cleaned by the Contractor as needed. Any broken, damaged or missing
receptacles must be repaired or replaced immediately. It is the Contractor's responsibility to
wash or otherwise clean the containers, if such condition arises, at no additional cost to the City.
All containers are to be deodorized upon request.
Any refuse or recyclable materials within a four -foot radius of dumpsters/containers shall be
considered refuse to be collected.
The Contractor may place the company logo on Contractor -supplied containers.
The Contractor will take reasonable precautions to protect all property (buildings, shrubs, lawn,
pavement, vehicles, or other items or areas that are within school boundaries) from any damage
and will be responsible for any such damage caused by its failure to do so.
12
3-F Holiday Collection
When a scheduled collection day falls on one of the following holidays; New Years Day, Martin
Luther King Day, Presidents Day, Patriots Day, Memorial Day, Fourth of July, Labor Day,
Columbus Day, Veterans Day, Thanksgiving Day, Christmas Day, there shall be no collection on
that day. Collection for those days and all remaining days of the week shall occur one day late.
3-G Inclement Weather
Ordinary snow and rain shall not be cause for omissions of the collection of solid waste and/or
recyclable materials in accordance with the provisions of this Contract. Collections may be
rescheduled in the event of a Force Majeure in accordance with Article 10 — E and then only
with prior consent of the City Engineer, which consent shall not be unreasonably withheld. Any
expected delays in excess of 2 hours must be communicated to the City Engineer.
3-H Collection Vehicles
Collection trucks shall be purchased by Contractor new and delivered within 6 months of the
commencement of the contract and be of size and type that is approved by the City. The
Contractor shall provide the City with a copy of the invoice for any new vehicles. The collection
trucks shall be registered in the City of Salem. The collections trucks shall be maintained with
the most up to date pollution control devices. The Contractor shall have standby equipment
available within a forty (40) mile radius of the City. Contractor must notify the City Engineer if
any standby equipment is in use.
All vehicles used in the collection and transportation of solid waste or recyclable materials shall
be of sufficient size and capacity to operate efficiently. A sufficient number of new vehicles will
be supplied by the Contractor to collect the solid waste and recyclable materials in accordance
with the terms of this Contract and such sufficiency shall be determined by the parties if the
Contractor is unable to fulfill the requirements of the contract in the time prescribed.
The City shall not have the power at any time to order the Contractor to increase the number of
vehicles, unless the Contractor materially and substantially defaults in the performance of the
work as a result of the number of vehicles. In the event of a default, the Contractor shall be
afforded an opportunity to cure the default as provided in this contract.
Bodies for the trucks to be used in the collection and transportation of solid waste shall be
enclosed with a capacity of not less than then (16) cubic yards by actual measurement. The
bodies shall be watertight, readily cleanable and sanitary, and capable of being unloaded by
dumping or automatic push -out means. The equipment shall be essentially a standard product of
a reputable manufacturer, so that continuing service and delivery of spare parts may be ensured.
The component parts of the unit need not be a product of the same manufacturer. The body shall
be so mounted that when fully loaded, the axle loading shall fall within the maximum load limit
per axle as prescribed by state and local law. The Contractor will be permitted to use auxiliary
loading equipment and self -loading bodies.
The Contractor shall provide garage and yard for the equipment that is adequate and sufficient to
provide all-weather, year-round operation. The Contractor shall make adequate provision for
maintenance and prompt repair of collection equipment.
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All equipment used for the collection or hauling of solid waste or recyclable materials shall be
thoroughly cleaned and scrubbed both inside and outside, and sprayed with such deodorizing
material as may be deemed proper by the City at least once each week. All vehicles,
conveyances, containers, and all other equipment of whatever nature which is used by the
Contractor shall be kept well repaired and maintained in a sanitary condition. All equipment and
facilities used by the Contractor shall be subject to inspection for sanitation, safety, appearance,
and subject to approval or rejection by the City at any time. Rejected equipment will be repaired
or replaced by the Contractor as soon as reasonably possible.
The Contractor is responsible for insuring that audible back-up alarms, as required by state law,
are functioning properly at all times. The driver of the collection truck shall travel all roads and
streets in accordance with all traffic regulations, unless such roads are declared by the City
Engineer to be impassable.
The Contractor shall clearly display on both sides of each vehicle a permanent sign with lettering
or lettering on the truck at least eight inches high that reads: City of Salem Refuse or City of
Salem Recycling with Contractor's toll free phone number below along with the vehicle number
(lettered at least eight inches high) so that the lettering is easily visible to the public. No
additional signage shall be required unless mutually agreed upon by the City and the Contractor.
Open body trucks may be used for white goods only. These trucks may not be used under any
conditions for refuse that may blow or spill. These open body trucks are not subject to the
requirements of painting and numbering, but may also be required to have a system of
distinguishable identification.
3-1 Care of Citizens' and Municipal Property
The Contractor shall use its best efforts to see that its personnel handle waste receptacles and
other containers with care so that the receptacles/containers are not damaged. Empty
receptacles/receptacles shall be left right-side-up, in a standing position and in the approximate
place where found. The Contractor shall use care in returning empty collection containers to the
curbside or off the edge of the traveled road. Containers shall not be placed back in driveways,
in front of mailboxes or on paved portions of roadways. Covers on waste receptacles/receptacles
shall be replaced. Under no circumstances are waste receptacles/receptacles or their covers to be
thrown or allowed to roll out into the street.
If waste receptacles are damaged or destroyed by the Contractor's personnel, the Contractor shall
at its expense promptly replace the damaged or destroyed receptacle with a similar
receptacle/receptacle.
The Contractor shall use its best efforts to see that its personnel handle the recycling containers
with care so that the containers are not damaged.
If recycling containers are damaged or destroyed by the Contractor's personnel, the Contractor
shall at its own expense promptly replace the damaged or destroyed recycling container with
another approved recycling container.
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The Contractor will take reasonable precautions to protect all residential and municipal property
from damage and will be responsible for any such damage caused by a failure to do so.. Any
such damage shall be promptly repaired or paid for by the Contractor, or may be repaired by the
City and the cost thereof deducted from any payment due the Contractor under the terms of this
Contract.
The Contractor shall log all inquiries and concerns and provide such to the City Engineer as he
or she shall direct, but not more often than weekly.
3-J Customer Service, Daily Contact and Managing Agent
The Contractor shall maintain and adequately staff a toll free number where
complaints/collection issues shall be received, recorded and handled between the hours of 7:00
a.m. and 5:00 p.m. on every collection day. The Contractor shall receive calls from residents or
the City in a courteous manner and shall resolve all complaints in an expeditious manner. The
customer service office shall be in touch with all collection vehicles at all times via a two-way
radio or cellular phone. Contractor shall maintain a daily log for complaints in a format
provided by the City Engineer. Upon request by the City, Contractor must provide a copy of the
daily log to the City.
The Contractor shall also designate in writing to the City Engineer a "Managing Agent" upon
whom all notices may be served by the City. Service of such notice upon the Managing Agent
shall always constitute service upon the Contractor. The Managing Agent shall oversee the
collection, transport and, where applicable, disposal and processing of solid waste and/or
recyclable materials from the City.
There shall be, at all times, direct phone contact between the City and the Managing Agent. All
communication between the City and the Contractor shall be through the Managing Agent and
the City shall not communicate directly with rubbish and recycling drivers or other employees
of Contractor.
All complaints shall be promptly investigated and then responded to in writing on the complaint
form by the Managing Agent.
3-K Meeting Between Contractor and City
The Contractor or Managing Agent shall be available to meet with the City monthly to review
Contract performance and customer complaints and resolutions, including a list of all notices
left.
3-L Inspection and Reports
The Contractor shall be required to keep accurate weights of collected materials. The Contractor
shall submit to the City Engineer, on a weekly basis, certified weight slips or records showing
the quantity (in tons or pounds) of materials collected. In addition, a spreadsheet shall be
forwarded to the City Engineer on a monthly basis totaling the quantities shown on weight slips.
The City shall have the right at any time upon reasonable notice to inspect the equipment and
premises of the Contractor, including the right to enter upon any property owned or occupied by
the Contractor, whether situated within or beyond the limits of the City. Whenever requested,
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the Contractor shall promptly furnish the City full and complete written reports of operations
under this Contract in such detail and with such information as the City may reasonably request.
At the discretion of the City Engineer and with reasonable prior notice to the contractor, the
Contractor's collection vehicles may be weighed and/or inspected at the Public Works Garage or
at North Shore Recycled Fibers prior to the daily start of all collections pursuant to this Contract
and following all such collections the vehicles may be weighed to determine the tonnage
collected.
Each day when the drivers of contractor's vehicles leave the city with the city's solid waste,
he/she is to notify the office of the Engineer.
In addition, at the discretion of the City, the Contractor may be subjected to periodic weigh -ins
of materials at certified scales within the City of Salem. The City Engineer will select the time
and place for weigh -ins. The City will pay any direct cost incurred for the use of the scales. The
Contractor will incur all other costs of the weigh -ins.
3-M End of Route Reporting
All service requests for pickup reported to the Contractor before the relevant collection vehicle
has left City shall be responded to on the same day, unless otherwise mutually agreed by Salem
Department of Public Services (DPS) and the Managing Agent. After responding to any such
service request, the Managing Agent or the driver of the collection vehicle must report in writing
on the service request/complaint form, no later than the following collection day.
If any collection vehicle is unable to perform collections at any addresses for any reason, or is
delayed in completing their collection route for any reason, the Managing Agent must notify
Salem DPS immediately of the difficulty. The Managing Agent shall make whatever
arrangements are necessary at the Contractor's sole expense to ensure that all portions of that
day's collection route are picked up on the next day for collection.
3-N Complying with Directions
The Contractor shall comply with any and all reasonable directions that may from time to time
be given by the City Engineer regarding changes in routing, order of collections, type and care of
vehicles and equipment and such matters as the City and the Contractor may deem advisable for
the improvement of the solid waste or recyclable materials collection. /
3-0 Complaints and Individual Collections
The Contractor shall make any collections in individual cases arising out of complaints or
otherwise, and shall comply with all reasonable orders and instructions of the City Engineer
regarding collection routes, order of collections within a route, type and condition of vehicles
and equipment, and other like matters which the City Engineer and the Contractor deem
advisable for the improvement of the service rendered to the City. The Contractor shall assure
that collections are made in accordance with the provisions of the Contract. The Contractor shall
also check complaints and make immediate collection as required.
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If determined to be necessary by the City, the Contractor shall also have a so-called "chase"
vehicle that will inspect and follow each collection route daily to better assure quality control
until the City determines that this is no longer necessary.
The Contractor and the City shall be jointly responsible for coordination of enforcement
procedures between the City and service recipients regarding materials to be recycled,
appropriate set -out units, participating requirements, etc. as set forth herein.
3-P Materials from Other Sources
When performing solid waste service under this contract, the contractor's vehicles shall only
collect, transport and dispose of solid waste from the service recipients as established under the
terms of this contract. At no time during the performance of work under this contract shall the
vehicles for this Contract collect, transport or dispose of materials from any other municipality
or any privately contracted customers of the Contractor.
In the event a recipient of services under this Contract opts out of the City's solid waste
collection service, the Contractor may not pick up the solid waste for a fee less than the current
fee imposed upon certain property owners by the City.
3-Q Contaminated Recyclable Materials
It is the Contractor's responsibility to ensure that recyclable materials collected at curbside are
not contaminated. If recyclable materials delivered to the processing facility are determined, by
the processing facility's representative, to be contaminated, the collection Contractor shall be
responsible for all costs associated with disposal.
The Contractor shall be entitled to dispose, at the Contractor's sole expense, any individual load
of recyclable material not acceptable to the secondary market due to contamination, provided
that the Contractor shall notify the City of the dates, disposal sites and tonnage of unacceptable
recyclable material.
3-R Rejected Trash Loads
Any unacceptable waste rejected from a disposal facility for any reason shall remain the property
of the City and shall be disposed of at an appropriate facility at additional cost to the City.
3-S Hazardous Materials
Hazardous materials such as the following shall NOT be intentionally collected under this
Contract:
a. gasoline and waste oil
b. liquid oil-based paints, turpentine, paint thinners and shellac
c. pesticides
d. auto batteries
e. explosives
f. propane tanks and gas cylinders
g. PCBs and radioactive waste containers
h. other materials designated hazardous by DEP or EPA
medical wastes
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The Contractor shall not be responsible for the handling or disposal or associated costs for
hazardous materials.
3-T Ownership of Recyclable Materials
All recyclable materials shall be the property of the City and delivered to North Shore Recycled
Fibers.
3-U Employees, Training and Uniforms
The Contractor shall employ competent and courteous employees and shall immediately
discharge or transfer to duties outside the City of Salem any incompetent or discourteous
employee when required to ensure the Contractor's performance of the work. The Contractor
shall not again employ within the City of Salem any employee dismissed or transferred under the
foregoing provisions without the consent of the City Engineer.
The Contractor shall prepare route maps and train collection employees before initiating
collection in the City and before the Contractor permits an employee to begin work in the City.
3-V New Employees, Training and Uniform
The contractor agrees to make its best effort to train new employees for a period of at least two
weeks prior to their assuming full responsibility for their routes. The contractor shall provide
training as reasonably required to its employees to ensure the employees understand and
implement the requirements of the contract. All employees working in the City of Salem must
have a minimum of ten (10) hours of relevant OSHA training. Training shall be approved by the
City Engineer and a certification of training must be sent to the Engineer on an annual basis.
Employees shall wear gear that identifies them as employees of the contractor and such gear
shall include reflective safety material.
3-W Salvaging
Salvaging at any time is prohibited without the permission of the City.
3-X Waste Reduction Program
The City may, with three months notice, choose to implement a citywide Waste Reduction
Program, such as a Pay -As -You -Throw program, for all households and small businesses that
use the solid waste collection contract services without adjustment to the terms of the contract
with the Contractor. In addition, the City may choose to implement a single stream recycling
program such as Recycle Bank during the contract period. The City will provide three months
notice to Contractor and the City and the Contractor shall negotiate an equitable adjustment to
the Contract prior to the implementation of such program.
3-Y Educational Programs and Scholarship
The City shall develop a brochure outlining the City's solid waste and recycling programs which
shall be produced and mailed to each household and business within the City. In addition, within
the first six months of the contract, the City shall develop a cable television broadcast to educate
residents about the collection programs. The City may update the cable broadcast and brochure
each year, but in no event shall the cost of such brochure and broadcast exceed $5,000 annually.
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And finally, the Contractor or its Managing Agent, shall attend two public meetings each year of
the contract to educate residents about the collection programs. The Contractor shall reimburse
to the City an amount not to exceed $5,000 for each year of the Contract for the costs to develop
and produce the brochure and cable television broadcast and for mailing of the brochure.
Each year of the Contract, payable in December of each year of the contract, the Contractor shall
provide two $1,000 scholarships that the City appointed scholarship committee, which shall
include a person designated by Contractor, may award to a student entering or enrolled in an
environmental science degree program.
Article 4 - Collection
4-A Collection Points
Collections from Residents shall be made at curbside. Municipal facilities, schools, specified
condominiums and small businesses, public housing and public area receptacle collection shall
be made at designated pickup points. See Appendices.
Solid waste and recyclable materials shall be collected from multi -family and small commercial
establishments under the terms and conditions for Single Family Residence collection specified
herein.
Collection Frequency
Solid Waste
The Contractor shall collect from all eligible residential units and eligible small businesses once
a week. The Contractor shall collect from Schools and Municipal Facilities as per Appendix B.
Recyclable Materials.
The Contractor shall collect from all eligible residential properties and all businesses once a
week. The Contractor shall collect from Schools and Municipal Facilities as per Appendix B.
4-B Collection Schedule
The Contractor shall schedule the curbside collection of recyclable materials to coincide with the
regular curbside collection of solid waste such that residents and businesses will have both
collections on the same day of the week.
4-C Collection Times
No collection from residential businesses shall be made before 7:00 a.m. or after 5:00 p.m.
without prior approval from the City Engineer.
4-13 Missed Pickups
The Contractor shall be required to return for all missed pickups requested by the City. The
collection vehicle shall return to the address of the resident on the same day as day of notice,
unless the vehicle has already left the City, in which case they will return on the following
collection day. The Contractor shall be required to collect all pickups missed due to driver error
at no extra cost.
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4-E Non -collection Notices
The Contractor shall supply non -collection notices designed to the City's specifications. Notices
must be approved before printing. All drivers are to be provided with an adequate supply of the
notices and required to leave non -collection notices whenever materials are intentionally not
collected.
4-F Improperly Prepared Materials
When the Contractor's crews encounter improperly placed or prepared recyclable material or
refuse, they shall follow the procedure below:
a. For the first occurrence at an address within any twelve-month period the collector shall
complete a City -approved non -collection notice explaining the problems and leave it, along
with improperly prepared materials, at the residence
b. Upon the second and ensuing occurrences by the same service recipient within a twelve-
month period, the collector shall follow the steps above but in addition shall notify the City
of a persistent problem at the address.
c. The Contractor shall maintain a log of those addresses receiving non -collection notices and
reason why. Contractor shall provide a copy of the log to the City on a monthly basis.
4-G Oversized Receptacles
The Contractor shall not pick-up receptacles that are over 35 -gallons or that weigh more than 50
pounds. The Contractor shall leave a non -collection notice explaining why receptacles were not
collected.
4-H Yard Waste and Christmas Trees
The Contractor shall not collect and comingle with solid waste any leaves or other yard waste or
Christmas trees.
4-1 Mixing Recyclables with Solid Waste
Recyclable materials in containers clearly identified for recyclable collection shall not be
comingled with solid waste under any circumstances.
4-J Cleanup on Route
The Contractor shall pick up all blown, littered, and broken material collected pursuant to this
Contract. Each truck shall carry at all times a broom and shovel.
4-K Spillage of Waste or Recyclable Materials
If at any time materials are spilled into a street, sidewalk, lawn, tree, or private property by the
Contractor, or the contents of a truck carrying the same are spilled/dumped into a street,
sidewalk or property, the Contractor shall clean up the spilled/dumped matter immediately
before proceeding to the next place of collection, or make arrangements for the spillage to be
cleaned up immediately.
4-L Hazardous Waste Spills
The Contractor must immediately report any spill of automotive fluids or other hazardous waste
to the Salem Fire Dispatch Center at 978-744-1234 and to Salem Public Services. The
Contractor must also report spills to the MA DEP in accordance with state regulations. The
Contractor shall not be responsible for the handling or cleanup of any hazardous materials.
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4-M Accidents and Breakdowns
The Contractor shall notify the City Engineer as soon as possible of any accident or breakdown
that will delay normal collection. The Contractor shall notify the City as soon as possible of any
accident involving injury or damage to private or public property.
Article 5 - Solid Waste Disposal
5-A Solid Waste Disposal
The Contractor shall provide the City, in writing, with information on the disposal facilities(s)
where solid waste is taken. The Contractor shall notify the City in writing of any changes in the
disposal locations.
5-B Permits and Licenses
The solid waste Disposal Facility which accepts solid waste collected from the City must be
fully licensed and permitted by EPA and Mass. DEP, and any other federal, state, or local
officials.
5-C Weights
Proper weight slips from the facility, certified at a state -approved scale, must be submitted to the
City on a weekly basis along with an excel spreadsheet of the monthly data for analysis by the
City.
5-D Hours of Operation
The designated Disposal Facility must be open a minimum of Monday through Friday 9am to
4pm plus Saturday mornings for the purpose of disposing of the City's solid wastes. Hours of
operation must facilitate the deposit of solid waste transported from the City.
5-E Capacity
The designated Disposal Facility must have planned/permitted capacity to receive City solid
waste for the term of this Contract.
5-F Alternative Disposal Facility
The Contractor shall be responsible for providing disposal services for the term of this Contract
at its designated Disposal Facility. If due to the government regulation ruling, the designated
Disposal Facility is not available to dispose of the City's solid waste, the Contractor shall be
responsible for providing alternative disposal facilities at no additional cost to the City.
Article 6 - Recyclable Materials Processing
6-A Processor Facility Location
The City shall be responsible for executing a contract with North Shore Recycled Fibers of
Salem, Massachusetts where recyclable materials are taken. The City shall supply contractor
with a list of materials accepted by the processing facility and will notify the Contractor of any
changes in materials accepted by the facility.
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6-13 Permits and Licenses
The City shall ensure that the recyclable materials Processing Facility which accepts recyclable
materials collected is fully licensed and permitted by EPA and Mass. DEP, and any other federal,
state, or local officials.
6-C Disposal Conditions
The Contractor guarantees that at no time during the term, of this Contract shall recyclable
materials in its custody be incinerated or landfill except as provided in this section.
The Contractor shall be entitled to incinerate or landfill, at the Contractor's sole expense, any
individual load of recyclable material not acceptable to the secondary market due to
contamination, provided that the Contractor shall notify the City of the dates, disposal sites and
tonnage of unacceptable recyclable material incinerated and/or landfill. The Contractor will take
all reasonable steps to minimize the frequency of rejected loads. Failure to comply with the
requirements of this paragraph shall render the Contractor liable for the damages.
Article 7 -Christmas Tree and Yard Waste Collection
7-A Christmas Tree Collection
Christmas trees shall be collected during a 1 week period in January. The exact week shall be
mutually agreed upon by the parties. The collection week shall be determined by the City. The
Contractor shall deliver the collected trees to a site determined by the City Engineer or a DEP
permitted composting facility of their choice. The Contractor shall provide the City, in writing,
with information on the composting facility where Christmas trees are to be taken. The
Contractor shall notify the City in writing of any changes in the composting location.
7-13 Yard Waste Collection
The Contractor shall provide 5 weeks of yard waste collection from residents. Yard Waste shall
be collected on a schedule determined by the City and in agreement with the Contractor. The
Contractor shall deliver the collected yard waste to a DEP permitted composting facility of their
choice. The Contractor shall provide the City, in writing, with information on the composting
facility where yard waste is to be taken. The Contractor shall notify the City in writing of any
changes in the composting location. Additional collection weeks may be added and the charge
for this service shall be $2,500.00 per additional week.
Article 8 - Payments to Contractor and the Contract Sum
8-A Compensation to be Paid to Contractor
The City will pay and the Contractor will accept in full consideration for the performance of the
Contractor's obligations $2,420,636.00 in the first year of the contract, subject to adjustments as
provided herein. A 2% increase above the previous years' contract amount shall be applied on
July 1, 2009 and July 1, 2010 and a 2.5% increase above the previous year's contract amount
shall be applied on July 1, 2011 and July 1, 2012. An additional payment of $27,000 per year
shall be made to the contractor for the service of collecting and disposing of the solid waste from
up to 152 trash receptacles within the City's parks. The Contractor shall submit an invoice to the
City monthly on or about the 15'h day of the month for the period covering that month which
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amount shall be one twelfth (1/12) of the annual contract amount plus any additional costs as
provided herein. In the event of any dispute as to any portion of any monthly or other bill, the
City shall give written notice of the disputed portion to the Contractor. Such notice shall identify
the disputed portion of the bill, state the amount in dispute and set forth the grounds on which
such dispute is based. The parties shall endeavor to resolve any disputes between themselves
within 30 days of such notice.
Payments by the City to the Contractor under this Contract for the amount of the invoice, less
any disputed amount by the City, shall be made within thirty (30) days of the date of the invoice.
Payments due and unpaid under the Contract Documents shall bear interest from the date
payment is due at the annual rate of 12%.
At the City's option, with 90 days notice to the contractor prior to the conclusion of the second
year of the contract, the City may elect to pay for disposal of its solid waste on a per -ton basis at
collection and per -ton disposal cost provided in the Contractor's bid, as adjusted by the escalator
provided in the Contractor's bid. Additionally, should the contractor begin to operate a 400 ton
per day transfer station within the City, the City may elect to pay in accordance with the
Contractor's bid and/or negotiate in good faith an adjustment in disposal costs with the
Contractor. In either of such events, compensation for trash disposal shall be based on the weight
slips submitted by the Contractor and Contractor shall submit invoices accordingly.
8-13 Disputes
Any claim arising out of or relating to the Contract shall be subject to mediation as a condition
precedent to institution of legal or equitable proceedings by either party. Request for mediation
shall be field in writing with the other party to the Contract and with the JAMS in Boston,
Massachusetts. The parties shall share the mediator's fee and any filing fees equally. During the
pendency of any dispute as to the amount owed, both the City and the Contractor shall continue
performing their respective obligations under the Contract.
8-C Option to Extend Contract
The City may choose to renegotiate to extend the term or conditions of this contract for an
additional five year term with the approval of the City Council.
8-D Option to Review Contract
The parties agree to review the Contract after six months and twelve (12) months to evaluate any
substantial changes in the method of collection, processing or disposal of solid waste or
recyclables that may have occurred. (examples could include single stream recycling collection,
automated collection, incentive based recycling collection). Should any potential changes occur
that would impact the cost of performance under this Contract, the parties agree to enter good
faith negotiations to reflect said changes and any such changes must be approved by the City
Council.
8-E Fuel Cost Adjustments
There shall be no adjustments in payment made by the city due to changes in cost of diesel fuel
during the initial five-year term of this contract.
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8-F Liquidated Damages
In addition to all of its other rights and remedies under the Contract, at law or in equity, the City
shall be entitled to assess liquidated damages against the Contractor for its failure to perform the
specified obligations described in Appendix D for collection and transportation of the City's
waste only if the Contractor is given prior notice of each and every event giving rise to its
alleged failure to perform and a reasonably opportunity to cure.
The City shall have the right to withhold the amount of liquidated damages assessed by it from
any payment owed to the Contractor as a credit or set-off of such amount.
Any consent or permission by the City to any act or omission which otherwise would be a breach
of any covenant or condition herein, or any waiver by the City of the breach of any covenant or
condition herein, shall not in any way beheld or construed (unless expressly so declared) to
operate so as to impair the continuing obligation of any covenant or condition herein, or
otherwise operate to permit the same or similar acts or omissions except as to the specific
instance. The failure of the City to seek redress for violation of, or to insist upon the strict
performance of, any covenant or condition of this Contract shall be deemed a waiver of such
violation. The failure of the City to assess liquidated damages shall be deemed to have been a
waiver by the City of any such violation or of any of the City's remedies on account thereof,
including its right of termination of this Contract for such default.
See Appendix D for a complete list of liquidated damages.
Article 9 - Insurance
The Contractor shall carry and continuously maintain until completion of the Contract, insurance
as specified below and in such form as shall protect the work covered by this Contract, and the
City and its employees, agents and officials, from all claims and liability for damages for bodily
injury, including accidental death, and for property damage, which may arise from operation
under this Contract. The City shall be named as an additional insured on any policy. The
Contractor covenants and agrees to hold the City and its employees, agents and officials
harmless from and against any and all loss or damage due to claims for personal injury and/or
property damage arising from, or in connection with operations under this Contract.
Except as otherwise stated, the amounts of such insurance shall be not less than:
(A) For liability for bodily injury, including accidental death:
$1,000,000 for any one person and
$1,000,000 on account of one occurrence and
$5,000,000 aggregate limit
(B) For liability for property damage:
$2,000,000 on account of anyone occurrence and
$5,000,000 aggregate limit
Extraterritorial clause shall be included.
1. WORKMEN'S COMPENSATION INSURANCE:
as required by the General Laws of the Commonwealth of Massachusetts.
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2. BODILY INJURY PREMISE -OPERATION, CONTRACTOR'S PROTECTIVE AND COMPLETED
OPERATIONS PUBLIC LIABILITY INSURANCE:
-in the amounts required in (A) above.
3. PROPERTY DAMAGE PREMISES -OPERATIONS, CONTRACTORS PROTECTIVE AND COMPLETED
OPERATIONS PUBLIC LIABILITY INSURANCE:
-in the amounts required in (B) above.
4. BODILY INJURY LIABILITY INSURANCE COVERING THE OPERATION OF ALL MOTOR VEHICLES
OWNED BY THE CONTRACTOR AND VEHICLES NOT OWNED BY THE CONTRACTOR, WHILE SUCH
VEHICLES ARE BEING OPERATED IN CONNECTION WITH THE PROSECUTION OF THE WORK UNDER
THIS CONTRACT:
-in the amounts required in (A) above.
5. PROPERTY DAMAGE LIABILITY INSURANCE COVERING THE OPERATION OF ALL MOTOR VEHICLES
OWNED BY THE CONTRACTOR AND VEHICLES NOT OWNED BY THE CONTRACTOR WHILE SUCH
VEHICLES ARE BEING OPERATED IN CONNECTION WITH PROSECUTION OF THE WORK UNDER THIS
CONTRACT:
-in the amounts required in (B) above.
6. CONTRACTUAL LIABILITY INSURANCE COVERING THE LIABILITY ASSUMED BY THE
CONTRACTOR:
-in the amounts required under (A) and (B) above.
7. OWNER'S PROTECTIVE INSURANCE SECURED BY THE CONTRACTOR IN BEHALF OF THE CITY
WHICH WILL DIRECTLY PROTECT THE CITY AND/OR ITS EMPLOYEES, AGENTS AND OFFICERS
FROM LIABILITY FOR BODILY INJURIES, INCLUDING ACCIDENT DEATH:
-in the amounts required in (A) above and
FOR PROPERTY DAMAGE:
-in the amounts required in (B) above.
All policies shall be so written that the City will be notified of cancellation or restrictive
amendment at least thirty (30) days prior to the effective date of such cancellation or
amendment. A certificate from the Contractor's insurance carrier showing at least the coverage
and limits of liability specified above and expiration date shall be filed with the City before
operations are begun. Such certificates shall not merely name the types of policy provided, but
shall specifically refer to this Contract and shall state that such insurance is as required by this
Contract. The Contractor shall make no claims against the City or its officers for any injury to
any of his officers or employees or for damage to his trucks or equipment arising out of work
contemplated by this Contract, except as caused by the negligent acts and/or omissions of the
City. The certificate of insurance shall be delivered to the City at least fifty (50) days prior to
July 1 of each year that this Contract is in force and effect. Failure to provide insurance
requirements shall be cause to terminate this Contract.
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All insurance required by this contract shall be obtained from insurance companies that are duly
licensed or authorized in the Commonwealth of Massachusetts to issue insurance policies for the
limits and coverage's so required.
Article 10 - Other Conditions
10-A Not to Assignor Subcontract
The Contractor shall give its attention constantly to the faithful performance of the work, shall keep the
same under its control and shall not assign, by power of attorney or otherwise, nor subcontract the work
or any part thereof, without the previous written consent of the City, and shall not, either legally or
equitably, assign any of the moneys payable under this Contract, or his claim thereto, unless, by and with
the like consent of the City.
10-B Performance Bond
The contractor shall furnish for the term of this Contract a bond in a form and with a surety
company approved by the City and authorized to do business in the Commonwealth of
Massachusetts, conditioned upon the Contractor fully performing all his obligations under this
Contract, and making full payment for all labor performed or furnished in the work. The penal
sum of the bond shall be twelve months of the total amount of this Contract sum for the
particular year as set forth in the terms of the Contract. The bond shall be delivered to the City
within 30 days of execution of this Contract and at least thirty (30) days prior to July 1 of each
year thereafter that this Contract is in force and effect. Failure to provide performance bond
requirements shall be cause to terminate this Contract.
10-C Changes in the Contract
The Contractor shall do the work in the manner set forth in this Contract, except that the City, by
order in writing given to the Contractor, may make any reasonable order respecting a change
(increase or removal) of any part of the work , and the Contractor shall conform to such orders
within a reasonable time after agreement of the parties to any adjustment in the contract price.
If requested by the City, the Contractor will amend this Contract to include up to five (5)
additional days so that this Contract expires on the last day of the week. In such an event, the
contract price shall be adjusted accordingly.
10-D Contract Compliance
It is understood and agreed that because the public health and convenience of the City are
involved in the performance of this Contract, Contractor shall exercise all reasonable care and
diligence in the performance of the work of this Contract.
10-E Force Majeure
"Force Majeure" means any event or condition having a material adverse effect upon the
Contractor's or the City's ability to perform pursuant to this Contract if such event or condition is
beyond the reasonable control and not the result of willful or negligent action or lack of
reasonable diligence of the parties relying thereon as justification for not performing any
obligation or complying with any condition required of such party under this Contract. "Force
Majeure" events or conditions may include but are not restricted to events of the following kinds:
an act of God, an act of war, insurrection, riot or civil disturbance, fire, explosion, flood,
26
epidemics, unusually severe and extraordinary weather conditions, acts of government or
regulatory authorities, and strikes or lockouts which affect, impact or impede the Contractor's or
the City's operations.
In the event of a Force Majeure, the nonperforming party shall not be deemed to have violated its
obligations under this Contract and the time for performance of any obligation shall be extended
by a period of time reasonably necessary to overcome the adverse effects of the Force Majeure
event or condition. This provision shall not relieve the nonperforming party from using all
reasonable efforts to overcome or remove such Force Majeure event as soon as legally possible,
or from providing prompt notice to the other party of the Force Majeure event or condition.
Such notice shall disclose the nature of the Force Majeure event or condition and the estimated
length of delay.
In the event of nonperformance of the Contractor due to labor disputes for a period of more than
five (5) working days, the City shall have the right to temporarily procure services of other
contractors, at Contractor's expense, until such time as the labor dispute is resolved and the
Contractor resumes the regular schedule.
10-F Termination for Improper Performance
Events of and Remedies for Default
1. Contractor Events of Default
a. Failure of the Contractor to perform any of its obligations, covenants or agreements under
this Contract and the continuance of such failure for fifteen (15) days after written notice
thereof from the City to the Contractor; provided, however, that if such default is not
susceptible to cure within such fifteen (15) days and if the Contractor commences
diligently to cure such default promptly after receipt of notice thereof from the City, such
period of fifteen (15) days shall be extended to a period of time necessary to cure such
default with all due diligence.
b. The Contractor becomes insolvent, however such insolvency may be evidenced; or
makes an assignment for the benefit of creditors; or is adjudicated a bankrupt; or admits
in writing its inability generally to pay its debts as they become due.
c. A trustee, custodian or receiver of the Contractor's business, or any substantial portion of
the Contractor's assets, is appointed by or at the behest of the Contractor, or, if appointed
in a proceeding brought against the Contractor, the Contractor approves of, consents to,
or acquiesces in such appointments or such trustee or receiver is not discharged within
ninety (90) days.
d. Any proceedings involving the Contractor are commenced by or against the Contractor
under any bankruptcy or reorganization, arrangement, probate, insolvency, readjustment
of debt, dissolution or liquidation law of the United States, or any state, or, if such
proceedings are instituted against the Contractor, the Contractor approves of, consents to,
or acquiesces in such proceedings or such proceedings are not dismissed within ninety
(90) days.
27
e. The death, dissolution or termination of existence of the Contractor.
2. City Events of Default
Failure of the City to pay any sums due the Contractor hereunder within thirty (30) days after
receiving an invoice for payments due from the Contractor, and the continuance of such
failure for fifteen (15) days after written notice thereof from the Contractor to the City;
provided, however, that if the City notifies the Contractor of a dispute as to any sums
pursuant to Article 8-B of this Contract within such fifteen (15) days after written notice by
the Contractor to the City of such nonpayment, no Event of Default shall occur until a final
determination of the correct amount pursuant to the provision of said Article 8-13 and the
failure of the City to pay such correct amount within thirty (30) days after receiving the
statement next submitted to the City after such determination.
3. Remedies for Contractor Events of Default
Upon any contractor Event of Default, the City may, in addition to and not in derogation of
any other right or remedy available to it under this Contract, at law or in equity (which rights
and remedies shall be cumulative and shall not be deemed inconsistent with each other and
which may be exercised at the same time to the greatest extent permitted by law),
immediately terminate this Contract upon written notice thereof to the Contractor. At any
time following a Contractor Event of Default, the City may (but shall not be obligated to)
cure any default by the Contractor hereunder, and all costs and expenses incurred by the
City, including attorneys' fees and expenses, in curing a default shall be paid by the
Contractor to the City on demand, together with interest thereon at the rate provided in
Article 8-B of this Contract. In no event shall the Contractor be liable for any indirect,
special or consequential damages
4. Remedies for City Events of Default
Upon any City Event of Default, the Contractor may, in addition to and not in derogation of
the right to sue the City for such sums actually due hereunder (which rights and remedies
shall be cumulative and shall not be deemed inconsistent with each other and which may be
exercised at the same time to the greatest extent permitted by law), immediately terminate
this Contract upon written notice thereof to the City. In no event shall the City be liable for
any indirect, special or consequential damages.
10-G City's Liability
The City's liability under this Contract shall be limited to the payments due hereunder. In no
event shall the City be liable for any additional amounts, including without limitation, any
indirect, special or consequential damages.
No officer, board, employee, agent, official or resident of the City or any owner or occupant of
any Single Family Residence, Multifamily Unit, Small Business, condominium association,
board member, management company or their employees, landlords and tenants shall ever be
personally liable under this Contract and the Contractor shall look solely to the City in pursuit of its
remedies upon any City Event of Default hereunder.
10-H Protection Against Liability
The Contractor acknowledges and agrees that he is responsible as an independent contractor for
all operations under this Contract and for all acts of employees and agents hereunder, and agrees
that he will indemnify, exonerate and hold harmless the City and its officers, boards, employees,
agents and officials, and any owners or occupants of any Single Family Residence, Multifamily
Complex, Multifamily Unit, Small Business, condominium association, board members,
management companies and their employees, landlords and tenants from and against any and all
loss, damage, cost, charge, expense and claim, which may be made against it or them or to which
it or they may be subject caused in whole or in part by any negligent act or omission of
Contractor or those employed by it, or working under those employed by it at any level, and not
caused in part by a party indemnified hereunder.
In the event the City requires the Contractor to travel over an unaccepted street or private way,
the Contractor shall not be liable for damages if such damage is not the result of negligence or an
omission of the Contractor.
In any event that the City shall be sued or become subject to administrative action because the
Contractor has failed to properly transport of dispose of the City's trash or recyclable material,
full restitution will be made to the City for all expenses, fees, fines or other costs or charges
.adjudicated against the City.
10-1 Licenses and Permits
The Contractor shall obtain and pay for all licenses and permits necessary for collecting,
transporting and marketing recycling materials and/or collecting, transporting and disposing of
solid waste material.
10-J Laws and Regulations
This Contract shall be considered to incorporate by reference all applicable federal, state and
local laws and rules and regulations of all authorities having jurisdiction over collection ,
transportation and disposal of solid waste and recyclable material, as though such provisions
were set forth in full therein. The Contractor shall keep fully informed of all federal, state and
local laws, and municipal ordinances, bylaws and regulations in any manner affecting those
engaged or employed in the work, or the materials used in the work, or in any way affecting the
conduct of the work and of all such orders and decrees or bodies or tribunals having any
jurisdiction or authority over the same.
If any discrepancy or inconsistency is discovered in this Contract for this work in relation to any
such law, ordinance, regulation, order or decree, the Contractor shall forthwith report the same to
the City in writing. The Contractor shall at all times observe and comply with, and shall cause
all agents and employees to observe and comply with, all such existing and future laws,
ordinances, regulations, orders and decrees and shall protect and indemnify the City, its officers,
agents, boards and employees, and the owners and occupants of any Single Family Residence,
Multifamily Complex, Multifamily Unit, Small Business, condominium association, board
members, management companies and their employees, landlords and tenants against any claim
or liability arising from or based on the violation of any such law, ordinance, regulation, order or
decree, by the Contractor, his agents or employees. Any additional cost caused by
noncompliance to any applicable law or regulation shall be home solely by the Contractor.
29
10-K Prevailing Wage Rates
In accordance with MGL, Chapter 149, Section twenty-seven (27), the wage rates for workers
under this Contract are to be paid at the rates established by the Commissioner of the
Massachusetts Department of Labor and Industries (see app. E). The Contractor shall provide the
City with certified weekly payroll information for all employees working in the City. This shall
include regular drivers and laborers, as well as temporary and day laborers. The information
shall be provided to the City at the end of each month.
10-L Severability
If any provisions of this Subcontract shall be held invalid, voidable, void or unenforceable, the
remaining provisions of this Contract shall not be affected thereby and remain in full force and
effect as permitted by law.
10-M Entire Agreement
The Contract Documents represents the entire and integrated agreement between the parties and
supersedes prior negotiations, representations or agreements, either written or oral. This
Contract may only be amended or modified by a writing executed by the parties subsequent to
the execution of the Contract unless specifically specified elsewhere in this Contract.
10-N Attorney Fees
In the event either party institutes suit in court against the other party or its surety in connection
with any dispute or matter arising under this Contract, the prevailing party shall be entitled to
recover reasonable attorney fees in addition to any other relief granted by the court.
IN WITNESS WHEREOF the said Northside Carting, Inc. bath caused these presents and an
instrument of like tenor to be executed in its name and behalf by a properly authorized officer of
said company. An instrument of like tenor to be executed by the City in its name and behalf by
its Mayor; its Purchasing Agent, and its City Engineer.
All duly authorized as aforesaid, and its corporate seal to be hereto affixed.
Carting, Inc.
George
Northside Carting, Inc.
CITY OF SALEM
By:
Kimberley
Mayor
vid Knowlton,
City Engineer
bert C. Hill, Jr.,
30
Agent
As to certification of funding:
Approved as to form by: Elihbetti Itennard, Esq.,
City Solicitor
31
Appendix A: Solid Waste and Recycling Data
Households Currently Served: Units
Single Family
Two Family
Three Family
Four - Six Family
Residential/Commercial
Small Business
Public Housing
Condominium Units
Curbside Tonnage:
Solid Waste
4,774
3,260
1,770
1,642
44 buildings
235
See App. B, Table 4
See Appendix C
Recycling
Newspaper Co -Mingled
CY
2003
16,711
1,748
460
CY
2004
16,420
1,675
492
CY
2005
17,868
1,579
495
CY
2006
16,385
1,482
473
CY
2007
18,689
1,435
524
32
Appendix B: Tables
Table 1- Municipal Buildings
Facility
Address
Solid Waste
Frequency
Recycling
1
30 yd
Every other week
Dum sters
Collection
Toters
Collection
Police Station
Jefferson Avenue
10 yd
W
2
W
Fire Department *
415 Essex Street
2 yd
W
2
W
Fire Department
New Derby Street
2 yd
M
5
M
Senior Center
5 Broad Street
2 yd
W
2
W
Greenlawn
Cemetary
Ome Street
8 yd
TH
2
TH
Salem High School
77 Wilson Street
2 - 8 yd
Daily
8
T
*two additional smaller Fire Stations place solid waste and recycling at curbside on regular neighborhood
collection days.
Table 2- Schools
Facility
Address
Solid Waste
Frequency
Recycling
1
30 yd
Every other week
Dum sters
Collection Day
Toters
Collection Da
Bates School
53 Liberty Hill Ave
10 yd
T, H
8
T, F
Bentley School
23 Memorial Drive
10 yd
M, W, F
8
M
Bowditch School
Wilson Street
10 yd
M, W, F
8
M
Carlton School
Skerry St
10 yd
T
8
T
Collins School
29 Highland Ave
10 yd
Daily
8
T, F
Salem High School
77 Wilson Street
2 - 8 yd
Daily
8
T
Salonstall School
211 Lafayette Street
10 d
T, F
8
T
Witchcraft Heights
School
1 Frederick Street
10 yd
M, T, W, H
8
M
Table 3- Other Municipal Locations, Services
Location
ouantity
Size
Frequency
DPS — Jefferson Avenue
1
30 yd
Every other week
2
10 yard dumpsters
Every week
25
30 yd
Provided annually for special events*
40
10 yd dum ster
Provided annually forspecial events*
Forest River
2
10 yd dum ster
1 da / week year round
Downtown
117
Trash receptacles
Daily May 1 — Oct 31
Reduced to 60
3 days: Nov 1 — April 30
Nov -April
M,W,F
Winter Island
7
10 yd dumpster
3 days / week May 1 — Oct 31
2 days / week Nov I — April 30
Bakers Island
1
8 yd dum ster
1 da / week May I —Oct 15
Cam Naumke
1
6 yd dum ster
I day/ week June I — Set 15
Bertram Field
1
10 yd dum ster
On call
33
Powder House lane
Ouantit
Size
30
Kemwood Marina
1
6 yard dumpster
Ix week May 1 -Oct 30
Mack Park
1
10 yard dumpster
I x week April — Nov. 30
Every other week Dec — March 30
Golf Course
1
10 yard dumpster
1 x week April — Nov. 30
Every other week Dec — March 30
*Quantity equals one delivery and pick-up. Includes special events such as Haunted Happenings
and Cancer Walk.
Table 4- Public Housing
Location
Ouantit
Size
30
Trash Collection Frequency
Bertram Terrace
45
Trash receptacles
1 day/
week
Garden Terrace
45
Trash receptacles
1 da
/ week
Pioneer Terrace
45
Trash recep,tacles
I day/
week
Norton Terrace
45
Trash receptacles
I da
/ week
Park & Prince Street
45
Trash receptacles
1 day/
week
Bates Terrace
45
Trash receptacles
1 day/
week
Congress Street
45
Trash receptacles
I da
/ week
Leefort Terrace
1
10 yd dumpster
1 da
/ week
Colonial Terrace
l
10 yd dumpster
I da
/ week
Morency Manor
2
10 yd dumpster*
I day/
week
Philips School
1
10 d dum ster
1 day/
week
Farrel Court
1
10 yd dumpster*
1 da
/ week
Dalton
1
10 yard dumpster
1 da /week
Charter Street
2
10 yard dum sters
I da /week
Rainbow Terrace
6
10 yard dum sters
I day/
week
*Salem Housing Authority owned dumpster
Table 5 — Parks
Location
# Receptacles
Willows
30
Memorial
4
Collins Ballfield*
4
Franklin St
2
McGlew
2
Gallows Hill Upper
1
Gallows Hill Lower
3
Mansel Park
4
Castle Hill
2
Pickman and Jackman
2
McGrath
7
Palmers Cove
4
Waterfront Park
3
Common
16
High Street*
2
34
Gonyea*
1
Cabot Farm*
1
Juniper Point
1
May Street
2
March Street*
1
Mary Jane Lee
3
North River Park
20
Forest River
30
Collins Cove Beach*
I
The city may add 6 additional receptacles at existing parks to total 152 or use a "big belly"
which shall have an equivalent of 2 receptacles. *Pick up every other day from 5/1 to 10/31.
35
Appendix C: Condominiums
Name # Units Type of collection Pick up day
Fafard 718 Curbside Tues
Highland Condos 140 Curbside Tues
Village at Vinnin Sq.
Phase 1 4, 2cy compactor dumpsters Wed.
owned by condos
plus
65 Curbside Wednesday
Phase II
6, 2cy compactor dumpsters
owned by condos
plus
50 Freedom Hollow
56
1 6cy dumpster
M,W,F
Townhouses
42
Curbside
Phase III
Weatherley Drive
26
1 2cy dumpster
M,W,F
Townhouses
147
Curbside
Wednesday
Pickman Park
Phase 1
144
Curbside
Wednesday
Phase II
60
Curbside
Wednesday
Phase III
64
Curbside
Wednesday
Collins Cove
Settlers Way
36
Curbside
Mond
The Essex 11 Church st
107
3 2cy dumpster
Tues
Pickering North 181 North
24
1 10cy dumpster
Thurs
255-257-259 Lafayette
11
1 10cy dumpster
Friday
Central Plaza
50
4 2cy dumpster
Tues
10 Norman St
31
1 10cy dumpster
Tues
Cogswell, 5 School
8
1 10cy dumpster
Thurs
Bowditch Place, 35 Flint
28
1 10cy dumpster
Wednesday
24 Norman St
39
1 10cy dumpster
Tues
Wilkins House, 48 Essex
22
1 10cy dumpster
Mond
Graystone Manor; 256-260 Lafayette
36
and 13 Linden St 16 1 10cy dumpster Friday
37
Appendix D: Liquidated Damages
I . Failure to immediately pick up materials spilled during collection. $150 per occurrence
2. Failure to promptly pickup waste spilled during haul in City or out -side City $500 per occurrence
boundaries if the City receives a complaint of such spill.
3. Willful mishandling of waste receptacles/receptacles or recycling containers. $ 25 per occurrence
4. Failure to place waste receptacles/receptacles in an upright position at $ 25 per occurrence
approximately the same location upon emptying or failure to place recycling
containers upside-down at approximately the same location upon emptying.
5. Placement of receptacles, recycling bins, or lids such that they obstruct roads, $50 per occurrence
driveways, or mailboxes.
6. Following notice of complaint, failure to collect waste from a specific $150 per occurrence
location on the same day as the regular collection Route or by 9:00 a.m. of the
following day if so authorized by the City Engineer.
7. Failure to collect appropriate materials properly set out from two (2) or more $100 per occurrence
residents on the same day of the regular Collection Route, or by 9:00 a.m. of
the following day if so authorized by the City Engineer.
8. Failure to pick up from any single address more than one time in a given $100 per miss
month or three times in a six month period when the driver or Contractor is at
fault.
9. Continued violation of traffic laws, ordinance or regulation during collection $250 per occurrence
and haul, after written notice to correct from the City.
10. Beginning any single collection route prior to 7:00 a.m. or finishing after 5:00 $100 per day
p.m. without the prior consent of the City.
11. Use of unmarked or uninspected collection vehicles. $500 per occurrence
12. Failure to clean vehicle or conveyances as provided for in this Contract. $150 per occurrence
13. Failure or neglect to furnish (within 48 hours) a replacement container $200 per container not
meeting the requirements of this Contract. furnished
14. Collecting solid waste from bags/receptacles from receptacles filled more than $50 per occurrence
3 inches above the top edge, or that are larger than 35 gallons.
15. Disposing of as trash, those recyclable materials appropriately set out for $500 per occurrence
recycling. $5,000 per truckload
16. Failure to report truck breakdown or accident within 30 minutes.
$100 per occurrence
17. Failure to maintain direct phone links between the City and the lead trash and $250 per occurrence
recycling drivers, as well as their supervisor. And also failure to maintain
direct phone or radio contact between all vehicles servicing the City
M
18. Failure or neglect to furnish a schedule or revised schedule of collection and
disposal.
19. Commingling materials collected under this Contract with materials not
collected under this contract, even if the City will not be billed.
20. Delivering any waste other than as described in this Contract to disposal sites
that will be billed to the City.
21. Failure to submit weigh slips with monthly invoice.
22. Submitting weight slips for materials not collected through this Contract.
23. Failure to correct billing error within one week after notification.by City.
24. Failure to provide prevailing wage rate information as required under this
Contract.
25. Failure to maintain 1-800 or local phone service for Subscribers.
26. Use of collection vehicle marked "City of Salem " for the collection and/or
haul of waste other than provided for under the provision of this Contract.
27. Failure to provide disposal facilities in accordance with this Contract.
$1,000 per occurrence
$500 per occurrence
$5,000 per ton
$50 per missing slip
$5,000 per occurrence
$100 per occurrence
$500 per incident
$250 per 4 hours out of
service
$5,000 per occurrence
150% of per ton disposal
fee
ALL DAMAGES REFERRED TO ARTICLE 9-F. (LIQUIDATED DAMAGES) MAY BE DEDUCTED BY THE CITY
FROM ANY PAYMENT THEN OR THEREAFTER DUE TO THE CONTRACTOR.
39
Appendix E: Prevailing Wage Rate
See PDF file copy of original letter from Div. of Occupational Safety
Issue Date: March 24, 2008
Awarding Authority: City of Salem
Contract Number: #J-35
Description of Work: Solid Waste Collection Services
The following prevailing wage rates apply to your upcoming contract for solid
waste collection services.
These rates are determined by the Division of Occupational Safety under the
provisions of Massachusetts
General Laws, chapter 149, sections 26 to 27F..
EFFECTIVE
BASE
HEALTH &
TOTAL CLASSIFICATION
DATES
RATE
WELFARE
RATE
Driver 07/01/08
$18.95
$5.82
$24.77
07/01/09 -
$19.32
$5.82
$25.14
End of Contract
Laborer 07/01/08 $16.14 $5.82 $21.96
07/01/09 $16.46 $5.82 $22.28
End of Contract
These rate determinations constitute the minimum wage rates, and do not
supersede or preempt higher rates that may result from individual employment
contracts. These wage rates shall be made available to all prospective bidders
or offerors and shall be made a part of the contract for said services. See
M.G.L. c. 149, '27F.
40
Appendix F: Recycling Information
Re -cycling Guidelines
NOTE., THE CITY NOW ACCEPTS PLASTICS 1-7
Paper In general:
"Tear it, Recycle it"
*Place in paper bag beside or on top of bin
eNo plastic bags
*Make sure all recyclables are clean (no dirty take-out containers, pizza boxes, etc.)
*Tie newspaper and cardboard with twine or place in paper bags
eRemove all liners from boxes
*Occasional staples, clasps or paper clips are OK
*Plastic windows are OK
.Wet is OK (e.g. rain). -Dry is preferred since wet is heavy to pick up.
Containers
*Place glass bottles & jars, metal cans, plastics, plastic juice and milk jugs in bin (clean and remove lids)
*No paint or aerosol cans
*No motor oil containers or plastic bags
*All containers can be placed together in the same bin.
Notes:
If you need a bin or additional bins you may purchase them for $6.00 at Crosby's Marketplace (109 Canal
Street), Winer Bros Hardware (86 Lafayette), or at the DPS building, 5 Jefferson Avenue. For more
information please call 978-744-3302.
There is no limit to the number of re -cycle bins you can use
41
Solid Waste and Recvclahle Materials Collection, Disposal, and Processing
Salem Massachusetts —
Sticker Program Guidelines
1. Stickers are sold to remove all appliances containing freon and other hazardous chemicals and must be purchased at the
Department of Public Works, located at 5 Jefferson Avenue (978-744-3302).
2. White Goods include washers, dryers, hot water heaters, dishwashers, trash compactors and stoves. call 978-619-5673 to
schedule a pick up. Remove doors and lids for safety prior to putting out curbside for pickups and place them next to the item. Doors
and shelving may also go out with your regualr curbside pick up.
3. Stickers cost $20 and are payable ONLY BY CHECK. Checks may be out to the City of Salem.
4. Pickups will generally be the 2nd and 4th Saturday of each month. (There may be an exception should a Holiday fall on that
particular day).
5. At time of sticker purchase, you will be scheduled for a pick date.
6. Sticker must be applied to the front of the item as registered at the DPW Office for pick up to take place. (No substitute to be made)
7. Stickered items must be placed curbside by 7 am the day of pickup or no earlier than 6 pm the night before.
8. The pickups will begin promptly at 7 am.
9. If you are not able to have the item out as scheduled it is your responsibility to notify the DPW at 978-744-3302 no later than 12
noon on the Wednesday of the scheduled week. At the time of the call we will schedule you for an optional date or stickers may be put
on hold for future use.
10. If unsuccessful at picking up the items on the scheduled date, then you will need to contact the DPW Office at 978-744-3302 to
purchase an additional sticker and schedule a later pickup date. Again, it is very important that you call us no later than Wednesday by
12 noon to avoid any further charges to be incurred for rescheduling.
11. There are no refunds on this program. Monies collected will be applied as administration fees.
12. Should you have any questions or concerns, please do not hesitate to contact the DPW Office at 978-744-3302.
Hazardous Items
1. Save for household hazardous products day.
2. Oil paint, used motor oil, used motor oil, batteries, chemicals, tires, TVs, computers, propane tanks, fluorescent bulbs. Call (978) 741-
1800 for additional information.
42
Solid Waste and Recyclable Materials Collection, Disposal. and Processing
Salem Massachusetts -
APPENDIX G
Customer Name
Location
No.
Location
THIRTY FOUR -38 1/2 BRIDGE
38
-1/ BRIDGE ST
FRANCIS E. CAMPBELL FAMIL
405
2-J ESSEX ST
WHICH CITY LLC
8
2-J ESSEX ST
BOSTON REAL ESTATE TRUST
165
A BOSTON ST
CAPPUCCIO BERTHA L
70
A LORING AVE
DIANE M.HAYWOOD REV
TRUST
3
A WINTER ISLAND RD
LAFKAS JAMES
124
BOSTON ST
132 BOSTON ST REALTY TRUS
132
BOSTON ST
CHEMELSKI EDWARD J
98
BOSTON ST
POST CHRISTOPHER
118
BOSTON ST
LE SONG QUANG
7
BOSTON ST
RATC IRREVOCABLE TRUST
171
BOSTON ST
GALLANT ROBERT S
163
BOSTON ST
KOSKI ELEONORA F TRUSTEE
19
BOSTON ST
URCIN, LLC
122
BOSTON ST
SILVA JOAO N
136
BOSTON ST
ONE EIGHTEEN REALTY TRUST
167
BOSTON ST
SHELL OIL COMPANY
146
BOSTON ST
123 1/2 BOSTON PLACE REAL
123
BOSTON ST 1/2
CHASSE PATRICK
40
BOSTON STREET
42ND LLC
92
BOSTON STREET
SALEM PLUMBING SUPPLY CO
43
BRIDGE ST
M J M J , INC.
64
BRIDGE ST
RABY REALTY TRUST
85
BRIDGE ST
JEMM REALTY TRUST
333
BRIDGE ST
THIRTY FOUR -38 1/2 BRIDGE
34
BRIDGE ST
BRIDGE STREET SPORTS
280
BRIDGE ST
Solid Waste and Recyclable Materials Co/lection, Disposal, and Processing
Salem Massachusetts —
TERRY MICHAEL D
69
BRIDGE ST
G.A.T REALTY TRUST
335
BRIDGE ST
LOCKE LINDA
48
BRIDGE STREET
S.G.A. REALTY TRUST
37
BRIDGE STREET
GLENTADAKIS PETER
309
BRIDGE STREET
37-39 BRIDGE ST RLTY TRUS
39
BRIDGE STREET
MORRIS STEPHEN P
45
BRIDGE STREET
JAMES WEENER
50
BROADWAY
LAFAYETTE ASSOCIATES THE
13
BROADWAY
THOMAS MACKEY & SONS INC
58
BROADWAY
BEAVERS ENTERPRISES INC
50
BROADWAY R
SHEA SHAWN A
108
BROADWAY R
EIGHTEEN BROWN ST REAL ES
18
BROWN ST
BEEBE-CENTER WALTER
22
BUFFUM STREET
NOCIVELLI DAVID
42
CABOT STREET 1
KRITOPOULOS GIANOULA
42
CABOT STREET 2
BROWN JAMES
97
CANAL ST
R & N REALTY TRUST
87
CANAL ST
135 CANAL STREET RLTY TRU
135
CANAL ST
FREEDMAN ARTHUR B
120
CANAL ST
259 CANAL STREET TRUST
259
CANAL ST
CRIST FRANCIS
89
CANAL ST
GARDNER MATTRESS CORP
250
CANAL ST
JEFFERY BROS INC
144
CANAL STREET
LABORERS' LOCAL 22
10
COLONIAL RD
LYSIAK YVONNE
10
COLONIAL RD
VIGLAS ROSA
10
COLONIAL RD
PITTELLA ROBERT
10
COLONIAL RD U3
TREMBLAY ROGER
10
COLONIAL RD U4
PALOMBO DAVID W
10
COLONIAL ROAD
HBK COLONIAL PARK TRUST
1 10
1 COLONIAL ROAD
Solid Waste and Recyclable Materials Collection, Disposal, and processing
Salem Massachusetts—
HBK COLONIAL PARK TRUST
10
COLONIAL ROAD
OROURKE JOHN J JR
2
COMMERCIAL ST
RIVER WHARF REALTY TRUST
18
COMMERCIAL ST
BRADT ELIZABETH S DVM
20
COMMERCIAL ST
PEQUOT FILLING STATION IN
84
CONGRESS ST
SOUTH HARBOR HOLDINGS
LLC
26
1 CONGRESS ST
KAPPARHO RLTY TR/HOULE
RO
65
1 CONGRESS ST
OPRZEDEK WESLEY
88
CONGRESS ST
DONOVAN MARY
1
DERBY SQUARE
ONE DERBY SQUARE RLTY TR
1
DERBY SQUARE
BURKINSHAW GEORGE H
118
DERBY ST
SOUTH HARBOR HOLDINGS
LLC
285
DERBY ST
POINT VIEW TRUST
155
DERBY ST
DERBY STREET REALTY TRUST
124
DERBY ST
MURPHY LEO A III
140
DERBY ST
CLARKE DONALD J
281
DERBY ST
JJ TACHE LLC
208
DERBY ST
NATHAN PAUL H
159
DERBY ST
BURKINSHAW GEORGE H
122
DERBY ST
PELLETIER THOMAS J
214
DERBY STREET
MO-MARR REALTY TRUST
111
DERBY STREET
IRISHEA TRUST, LLC
288
DERBY STREET
MANZANA GIORGIO
107
ESSEX ST
NIGRO REALTY TRUST
60
ESSEX ST
SORRENTINO CHARLES
266
ESSEX ST
SALEM RENEWAL, LLC
228
ESSEX ST
MISSYS LIMITED LIABILITY
226
ESSEX ST
SALEM ESSEX LLC
224
ESSEX ST
BAUER JEFF C
224
ESSEX ST
WINTER RIV RTY TR
203 1
ESSEX ST
Solid Waste and Recyclable Materials Collection, Disposal, and Processing
Salem Massachusetts —
TUITION REALTY TRUST
393
ESSEX ST
ONE SEVENTY THREE ESSEX S
173
ESSEX ST
PARK TOWERS II,LLC
221
ESSEX ST
TRAMONTOZZI BRUNO
387
ESSEX ST
MARKET SQUARE REALTY LLC
127
ESSEX ST
GRAND TURK REALTY LLC
125
ESSEX ST
CARDILLO MARIE A
1051
ESSEX ST
CABOT ESSEX NOMINEE
TRUST
216
1 ESSEX ST
KIERNAN RUSSELL
135
ESSEX ST
SCHIAVONE RALPH J
43
ESSEX ST
MCKEE PAMELA B
266
ESSEX ST
254 ESSEX ST REALTY TRUST
252
ESSEX ST
ROMAR REALTY TRUST
185
ESSEX ST
NSA REALTY TRUST
262
1 ESSEX ST
SIMARD RICHARD E, TR
248
ESSEX ST
CORBEN STEVEN A
260
ESSEX ST
EMH REALTY TRUST
270
ESSEX ST
KANTOROSINSKI MIROSLAW
407
ESSEX ST
16 LYNDE STREET INC
197
ESSEX ST
BERNARDS INC
179
ESSEX ST
DAY CHRISTIAN
246 1
ESSEX ST B
KNEELAND DEBORAH
244
ESSEX ST C
SALEM RENEWAL, LLC
230
ESSEX ST UC4
MADAN PRADEEP K
20
ESSEX STREET
BLAISDELL REALTY TRUST
47 1
FEDERAL ST
MCCLEARN KEITH W
107
FEDERAL ST
FORTY-NINE FEDERAL ST RLT
49
FEDERAL ST
R & S REALTY TRUST
59
FEDERAL ST
SIXTY THREE FEDERAL ST TR
63
FEDERAL ST
TUTTLE PAUL M JR
112
FEDERAL ST
ISAY REALTY TRUST
33 1
FEDERAL ST
Solid Waste and Recyclable Materials Collection, Disposal, and Processing
Salem Massachusetts —
PICARIELLO ANTHONY J
1
FLORENCE ST
SALEM WILLOWS YACHT CLUB
190
FORT AVE
ZAK ENTERPRISES INC
191
FORT AVE
LINARDOS COSTAS
187
FORT AVE
WILLOWS REALTY TRUST
197
FORT AVE
SIASIOS ARTHUR
175
FORT AVE
GENGHISSALEM,INC
179
FORTAVENUE
SIROTA REALTY TRUST
11
FOSTER ST
FRANKLIN STREET REALTY TR
14
FRANKLIN ST
KOZLOWSKI FRED T
10
FRANKLIN ST
FERRIS EDWARD
18
FRANKLIN ST
13-17 FRANKLIN ST SALEM R
13
FRANKLIN ST
FRAN REALTY TRUST
15
FRONT ST
RENEWAL REAL ESTATE, LLC
38
FRONT ST C3
RENEWAL REAL ESTATE, LLC
34
FRONT ST C4
ALVARADO JOSE
11
GALLOWS HILL ROAD
MANZO CARLO
11
GEDNEY ST
ADAMS RYMER E
11
GOODHUE ST
MRM PROJECT
MANAGEMENT,LL
60
GROVE STREET
VIZCAINO LEONCIO
5
HARBOR STREET
22 HARDY STREET REALTY TR
22
HARDY STREET
GONET DAVID H
22
HAWTHORNE BLVD
HAI VAN HA
6
HAWTHORNE BLVD
FISHER JOHN P
18
HAWTHORNE BLVD
BURNS BRIAN C
24
HAWTHORNE BLVD
SMITH RICHARD
3
HAWTHORNE
BOULEVARD
WEENER JAMES
22
HERSEY STREET
SMITH T WILLIAM
15
HIGH ST
CHUBER CLAUDIA
90
HIGHLAND AVE
SALEM REALTY TRUST
128
HIGHLAND AVE
ANARPET REALTY CORP
297
HIGHLAND AVE
Solid Waste and Recvclable Materials Collection, Disposal, and Processing
Salem Massachusetts -
HIGHLAND AVENUE TRUST THE
280
HIGHLAND AVE
MURPHY CORNELIA J
133
HIGHLAND AVE
129 HIGHLAND REALTY TRUST
129
HIGHLAND AVE
VON WEISS JOHN F
107
HIGHLAND AVE
RICHMOND HIGHLAND SALEM.L
323
HIGHLAND AVENUE
SEAGULLS REATY, LLC
114
HIGHLAND AVENUE
RICHMOND HIGHLAND SALEM L
319
HIGHLAND AVENUE
NORTHEAST ANIMAL SHELTER,
347
HIGHLAND AVENUE
ANASTASI REALTY CORPORATI
100
JACKSON ST
LABONTE PETER J
87
JACKSON ST
FIRST JACKSON REALTY TRUS
92
JACKSON ST
DEORIO FAMILY REALTY TRUS
241
JEFFERSON AVE
MCLAUGHLIN MICHAEL R
62
JEFFERSON AVE
LINSKEY WILLIAM
47
JEFFERSON AVE
MOFFAT REALTY TRUST
10
JEFFERSON AVE
CONTILLI PAULA J
52
JEFFERSON AVE
FIELDBROOK ASSOCIATES
193
JEFFERSON AVENUE
HUGH REALTY TRUST
63
JEFFERSON AVENUE
291 JEFFERSON AVE REALTY
291
JEFFERSON AVENUE
BERUBE T ERIC
191
LAFAYETTE ST
MCHUGH BRIAN T
197
LAFAYETTE ST
ZAGARA LLC
164
LAFAYETTE ST
FALLIS JANE L
192
LAFAYETTE ST
LAFAYETTE SALEM LLC
101
LAFAYETTE ST
KESSLER PATRICIA A
284
LAFAYETTE ST
SEAPORT CREDIT UNION
336
LAFAYETTE ST
A.L. PRIME ENERGY CONSULT
175
LAFAYETTE ST
D P C TRUST
86
LAFAYETTE ST
DAMICO LIMITED PARTNERSHI
332
LAFAYETTE ST
GREEN NOMINEE TRUST THE
310
LAFAYETTE ST
FANG, DAVID & CHUPUT M
158
LAFAYETTE ST
Solid Waste and Recyclable Materials Collection, Disposal, and processing
Salem Massachusetts —
STEPHEN F NEWBURG
271
LAFAYETTE ST U1
GULF OF MAINE RESEARCH CT
204
LAFAYETTE STREET
GANGLANI CAROLYN E
183
LAFAYETTE STREET
ALIMENTI GERARD R
528
LORING AVE
LORING AVE REALTY TRUST
66
LORING AVE
HIBBS CHRISTINA
486
LORING AVE
FABIANO JOSEPH
198
LORING AVE
BERKAL LEONARD A
26
LYNDE ST
VERNCO IDEAL TRUST
7
LYNDE ST
RUFUS CHOATE TRUST THE
14
LYNDE ST
NORTH RIVER RTY ASSOC IAT
6
LYNDE ST
ROMANOVITZ H DREW
25
LYNDE ST
FITZGERALD JOSEPH R
80
MARGIN ST
MASON REALTY
TRUST(WEINST
53
MASON ST
SHEFFIELD RLTY TR OF SALE
14
NEW DERBY ST
HOLYOKE SQUARE INC
38
NORMAN ST
DELEO PROPERTIES, LLC
28
NORMAN ST
ZERBER REAL ESTATE LLC
132
NORTH ST
GAROFALO MARK R
107
NORTH ST
ELKS ASSOCIATION OF B P 0
17
NORTH ST
G & M REALTY TRUST
73
NORTH ST
SHEHU ADRIAN
121
NORTH ST
115 NORTH ST SALEM RLTY T
115
NORTH ST
LUTTS TIMOTHY W
176
NORTH ST
ALETTER DENNIS KARL
83
NORTH ST
207 NORTH STREET REALTY T
207
NORTH ST
AHMED TRUST
106
NORTH STREET
MERCANTI SAMUEL A
130
NORTH STREET
ROSEN REALTY TRUST THE
21
NORTH STREET
NUNEZ JUAN
125
OCEAN AVE
SPALON LLC
47
OCEAN AVE
Solid Waste and Recyclable Materials Collection, Disposal, and Processing
Salem Massachusetts —
E. MCGRATH, INC.
35
OSBORNE ST
TALKOWSKY REALTY TRUST
18
PHILLIPS ST
BIDJAR REALTY TRUST
3
PLEASANT ST
VIOLA MICHAEL
21
SALEM ST
WISE REALTY TRUST
4
TULIP ST
LAGER HOLDINGS,LLC
1
VINNIN ST
VAN ESS GREGORY M
9
WARREN ST COUR
BRICK JOHN
19
WASHINGTON SQUARE
NO
HIGHLANDER INSURANCE, LTD
282
WASHINGTON ST
BECKET STREET REALTY TRUS
264
WASHINGTON ST
TALK REALTY TRUST
133
WASHINGTON ST
SALEM RENEWAL, LLC
103
WASHINGTON ST
VERNET GEORGE C III
70
WASHINGTON ST
VERNCO TRUST
70
WASHINGTON ST
REDMAN REALTY LLC
94
WASHINGTON ST
RENEWAL REAL ESTATE, LLC
139
WASHINGTON ST C1
RENEWAL REAL ESTATE, LLC
143
WASHINGTON ST C2
RENEWAL REAL ESTATE, LLC
141
WASHINGTON ST C5
GOLDBERG BROTHERS REAL
ES
60
WASHINGTON STREET
MURPHY ROBERT A
148
WASHINGTON STREET
TERNES LLOYD G JR
81
WEBB ST
COPELAS PETER
3
WEBSTER ST
ROBERTS DONALD C
16
WINTER ST
WINTER TRUST THE
2
WINTER ST
Solid Waste and Recyclable Materials Collection, Disposal, and Processing
Salem Massachusetts—
44 MIXED USE PROPERTIES
Customer Name
Locatio
n No.
Location
D&P PROPERTIES INC
109
2-J ESSEX ST
MORRIS STEPHEN P
43
BOSTON ST
FIRST SALEM REALTY TRUST
94
BOSTON ST
YNOA YOLENY
108
BOSTON ST
SIGMA REALTY TRUST
131
1 BOSTON ST
NOVELLO RONALD F JR
44
BRIDGE ST
61 BRIDGE ST LLC
61
BRIDGE ST
WILENSKY MURRAY
87
BRIDGE ST
CASTRO JORDAN
95
BRIDGE ST
XERRAS REALTY TRUST
99
BRIDGE ST
PETIT MARK R
107
BRIDGE ST
NEW MARKET REALTY TRUST
109
BRIDGE ST
CUMMINGS ROBERT F JR
146
BRIDGE ST
AAV REALTY TRUST
122
BROADWAY
MONGIELLO CARMINE
120
C SWAMPSCOTT
RD
1805 CUSTOM HOUSE REALTY
4
CENTRAL ST
EAZ REALTY TRUST
48
CONGRESS
STREET
CAHILL JON
82
DERBY ST
136-138 DERBY ST NOM TRUS
136
DERBY ST
CAPTAIN DUSTYS, INC.
143
DERBY ST
SKERRY LOUISE MICHAUD
224
DERBY ST
HOLLORAN DEVELOPMENT,
LLC
304
ESSEX ST
AMERICAL REALTY TRUST
THE
412
ESSEX ST
AUBERGINE GROUP, LLC
421
ESSEX ST
MURPHY PAMELA
85
FEDERALST
MARK REALTY TRUST
53
HARBOR ST
TEN HOWARD -SALEM REALTY
T
10
HOWARD ST
PELLETIER LOUIS A
52
HOWARD ST
Solid Waste and Recyclable Materials Collection. Disposal, and Processing
Salem Massachusetts —
TWO FORTY SEVEN
JEFFERSON
247
JEFFERSON AVE
S & H REALTY TRUST
235
LAFAYETTE ST
STROUT PETER K
244
LAFAYETTE ST
DORI REALTY TRUST
249
LAFAYETTE ST
TOY JOHN
75
LORING AVE
FOURTEEN MAY ST SALEM
NOM
14
MAY ST
SALEM ROPES TRUST
6
MONROE ST
KINGS COVE REALTY TRUST
6
NICHOLS ST
DAFFODIL REALTY TRUST
27
NORTH ST
H W INC
99
NORTH ST
S & H REALTY TRUST
116
NORTH ST
SHEHU ALBERT
134
NORTH ST
LEMONS REALTY TRUST
7
POND ST
SPARTAN OIL, INC
7
S MASON ST
TASHA BAHAL AMERICAN
TRUS
51
SALEM ST
LEVINSON MICHAEL A
37
TURNER
Solid Waste and Recyclable Materials Collection, Disposal, and Processing
Salem Massachusetts —
Section 1, Form 3
Plan of Services
Weekly Collection and Hauling of Municipal Solid Waste
Over the last 8 years NSC has become very familiar with the day to day solid waste
needs of the City of Salem. NSC has provided, and will continue to provide service
flexibility, in order to accommodate the specific requirements of the City. This could
range from rescheduling times of collection in order to avoid school traffic, to that of
making arrangement with the Director of Public Service to coordinate catastrophic
weather conditions.
The equipment utilized in our proposal will vary in number, which will be determined by
the location of disposal selected by the City. It could be as few as 3 collection vehicles
to that of 4. In all cases they would be 2008, 31- cu.yd.AutocarlMcNeilus , with a low
ride feature to accommodate easy entrance and exit for the driver. In addition each
vehicle will be equipped with low sulfur filter emissions.
NSC will plan and implement a comprehensive management program that will be the
primary function of the Managing Agent (MA). The MA will act on the behalf of the City
to carry out all solid waste ordinances as set forth by the City. In conjunction with the
City the MA will be assigned to only the City of Salem, and to act on it's behalf between
the City and the residents.
The MA will also utilize the "chase vehicle ", to promote a quick response to missed or
late put outs. The MA will be in total contact with the City's managing designee through
phone and on board computer system, that will link with the City.
With the computer system in place it will be the responsibility of the MA to identify
unacceptable solid waste issues. This could be due to the number of items placed at
the curbside, to that of hazardous waste. The MA will identify the location and issue
warnings as needed, (see attached example of warning tickets) and will communicate
with the City's agent as such. Further violations thereafter will result in tickets and or
failure to collect, in order to implement the City ordinance.
The primary responsibility of the MA is to implement the new collection requirements
that will be placed upon the residents, and to work with the City's managing designee.
This will be an enormous change in habits, compared to what the residents have been
accustom to over the years. Because of the magnitude of the task at hand, it is our
belief that it will require daily management of the residential habits. This will require
that the MA will have no other responsibilities other than the City of Salem, and to work
on the behalf of the City to increase recycling and reduce solid waste, in conjunction
with the City, throughout the duration of this contract.
._:
The MA will coordinate with the City's designee, education programs to work in
conjunction the Salem school system. The MA will contact the schools to implement
any timely programs that will work within the curriculums and to establish awareness
among the students of the goals and objectives that City has implemented in its
l/ management of solid waste. In addition the MA will also work with local civic groups
i.e.: Chamber of Commerce, neighborhood groups, Salem Now etc. to provide the
information set forth by the City, of it's goals and objectives.
The success of this proposal in our belief is that of a successful and targeted approach
between the MA, the residents, and the City. In our opinion it will require constant
monitoring of the program, and the education of the community to change habits that
will benefit the City immediately and in the future.
Weekly Collection, Hauling and Marketing of Designated Recyclables Material
As is with the solid waste the MA, as described above will implement the goals and
objectives as set forth by the City to increase the day to day curbside recycling. As with
the solid waste NSC is familiar with curbside recycling service needs of the City. NSC
has been the chosen contractor for the City, to collect and transport the recycled
material to North Shore Recycled Fibers (NSRF), over the last 8 years.
It is our intent to continue the curbside sort of material to that of two streams, and to be
delivered to NSRF. The number of vehicles required would be dependent upon the
direction the City were to select, either weekly or bi-weekly collection. If bi-weekly NSC
would utilize one vehicle 5 days per week, as is the current practice. However if the
City were to select weekly, NSC would utilize two vehicles. In either case the vehicles
I-- would be or 2008 Interantional/La Brie.
The MA will take on similar responsibilities as stated above pertaining to solid waste;
however this will be more to generate increased participation of the collection of
curbside recyclables. Any rejected material will be accompanied with a sticker of
explanation (see attached sample), as to why.
The MA will, as in the above work with the schools, local groups etc. to promote and to
increase the amount of recycling, and to stay consistent with the goals and objectives
set forth by City. NSC, though it's MA will provide totters for the schools and public
buildings to aid in the increased promotion and participation of curbside recyclables.
The MA will identify any key recycling contact in each school and public building, and
will set goals and objectives to increase the amount recycled, and to implement new
recycling streams if possible.
Our proposal is consistent with the current system, of delivering of the recycled material
to NSRF. We do not promote any other location of delivery other than NSRF, and as
such have not bid the section of vendor's choice. It is our belief that the City will
receive the most advantageous collections and transportation proposal going to NSRF,
and in addition will obtain a far better return for the paper staying with the existing 2
stream sort. NSC is prepared to collect and transport the recycled materials set forth by
NSRF, and this request.
It should be noted that NSC is currently in the construction phase of a 650 TPD C&D
recycling facility, in North Andover, which if needed could be utilized as an alternative
site. In the event the City were to request the alternative site a negotiated increase
would be required between NSC and the City for added travel to North Andover.
Disposal of Solid Waste
NSC currently has a daily need to dispose of 600 TPD of solid waste. This is achieved
through various agreements between incinerators, transfer stations and landfills. Some
of these consist of Covanta of Haverhill, North Andover Wheelebrator, and the South
Hadley Landfill.
In an effort to create more disposal options NSC is currently in the construction phase
of a 650 TPD C&D recycling facility, in North Andover, which is permitted to accept
MSW. This facility should be operational of September of this year.
NSC is currently in the process of obtaining ownership of the Transfer Station located at
Swampscott Rd, in Salem. When permitted NSC will be able to accept up to 400 TPD
of MSW, this should be operational by September of 09. With the ability to dispose of
the solid waste at a facility within the City limits, will only aid to far more advantageous
collection and transportation rates. In addition it would increase the City's disposal
options in long distant areas where disposition is far more economical than what is
currently in place within the local existing facilities.
Curbside Collection, Hauling and Marketing of White Goods (no Freon) and Scrap
Metal Items.
NSC utilizes Winnfield Alloy of Lawrence MA, as its sole location of delivery of white
goods and scrap metal. NSC will utilize a box vehicle with an automatic tailgate
operation for the collection of white goods. The collections system will be that of what
has been successful over the last 8 years. Each resident will contact NSC, and will be
assigned a collection day (one per week), for the collection of white goods (no Freon).
The MA will identify any unacceptable material and will attach an explanation sticker, as
such (see attached).
NSC in addition to the white goods collection will install 1-30 cu.yd. open top container
to be located at the DPW yard on Jefferson Ave. to be utilized for any white goods or
scrap metal any residents may have. NSC will transport the container at no extra
charge, and will provide the City with the metal rebate as indicated on the price sheet.
Curbside Collection of leaves, 5 weeks each year: One week Christmas pickup
NSC will implement 5 weeks of yard waste collection, specific dates as agreed upon by
the City. NSC will collect and transport the yard waste to Tendercrop Farm, in Newbury
MA. Yard waste will consist of leaves, grass and small twigs. The MA will monitor any
unacceptable material and will assign an explanation sticker (see attached). As in the
past NSC will utilize one packer vehicle for collection.
Christmas trees will be collected on the second week after Christmas with a packer
vehicle to be transported to Pro Bark of Plaistow NH, or to a site as so designated by
the Director of Public Services, within the City of Salem. All trees must be free of
ornaments, lights, and plastic covering.
SAMPLE EXPLANATON STICKER
I
NON -COLLECTION NOTICE
Dear Customer: Date
Sorry, we could not pick up your
soupy
TRASH W
p no prepaid sticker attached
O exceeds 75 Ib. weight limit
= improper container/bags (32 gal. max)
O trash container unacceptable or too large - REPLACE
O item excluded from residential pickup
O yard waste not picked up at curb side
O please contact our office for service (978-897-1002)
E:J not at curb by 7:00 AM
0 item too far from road
M NO hazardous materials or flammable materials allowed
RECYCLABLES
p recyclables & non -recyclable waste mixed
O items are not included in this recycling program
O not at curb by 7:00 AM
p items too far from road
CD cardboard MUST be flattened and tied in 2'x 2' bundles
or placed in brown paper grocery bags
YARDWASTE
p yard waste not picked up at curb except for certain
Saturdays (see your recycling schedule for details or call)
LARGE ITEMS
O Place 2 stickers on large items not made of metal
example: sofa, mattress
O Note: all metal items, TV's, Computers
go to Drop-off Center
Please respond to the concerns marked above and we will
be happy to pick it up on your next service day.
Thank you
Call
PS380
n
J
Quality Assurance
It is the intent of NSC to conform to the requirements, specifications, and procedures
implemented for sustaining a high quality of service and compliance with procedures,
laws, and regulations. This will be greatly achieved by the full time position that will be
created, referred to previously as the MA.
The MA will coordinate through the City's designee, quality inspection surveys which
will be conducted once per year. The information will be collected and distributed to the
City. It will then be analyzed for deficiencies and an action plan will be submitted to the
City to resolve any issues. The text of the survey will be agreed upon by the City and
NSC.
Each month the MA and the City's designee will meet to go over any issues, and to
determine the success of increased recycling. Tonnage figures will be discussed and
any other out standing issues that need to be addressed.
Price Sheet 1
Separate Municipal Solid Waste and Recyclable Materials Collection and Transportation
Per Ton Trash Disposal
Per Ton Recyclable Materials Processing
Service
Description
FY 2009
FY 2010
FY2011
FY 2012
FY 2013
♦SOLID WASTE WEEKLY CURBSIDE
COLLECTION AND TRANSPORTATION TO
DISPOSAL SITE
Based on limit of 3 trash barrels and 1 bulk item weekly
- at disposal facility less than 7 miles away (city
❑e,,ohated rate)
Lump Sum per year 780, 363.00
- at disposal facility of vendor's choice"
Lump Sum per year
"SOLID WASTE DISPOSAL
Cost per ton
SCRAP METAL REBATE
Rebate per ton
$25•
=
♦RECYCLABLES CURBSIDE COLLECTION -
transport to NSRF in Salem
Bi -weekly collection
Lump sum per year 2.45, 636.
Lum Sum zr yzar
0
Weekly Collection
♦RECYCLABLES CURBSIDE COLLECTION -
transport and processing to facili of vendor's choice
Bi -weekly collection
Lump sum per year
--
Weekly collection
Lump Sum per year
No Rid
Recycling Rebate Formula
Floor / Rebate per ton
No Bid
RECYCLABLES PROCESSING ONLY
Recycling Rebate Formula
Floor / Rebate per ton
RFP solid waste bid Jorms FINAL
Price Sheet 2
Combined Municipal Solid Waste and Recyclable Materials Collection and Transportation
Per Ton Waste Disposal
Service
Description
FY 2009
FY 2010
FY2011
FY 2012
FY 2013
♦SOLID WASTE WEEKLY CURBSIDE
COLLECTION & TRANSPORT TO DISPOSAL SITE
and RECYCLABLES BI -WEEKLY CURBSIDE
COLLECTION & TRANSPORT TO IVSRFINSALEM
Based on limit of 3 trash barrels and 1 bulk item weekly
- at disposal facility less than 7 miles away (city
ne,otiated rate )
Lump Sum per year
$1,025,999.00
at disposal facility of vendor's choice*
Lump Sum per year
ASOLIll WASTE WEEKLY CURBSIDE
COLLECTION & TRANSPORT TO DISPOSAL SITE
and RECYCLABLES WEEKLY CURBSIDE
COLLECTION & TRANSPORT TO NSRF INSALEM
Based on limit of trash barrels and I bulk item weekly
- at disposal Facility less than 7 miles away (city
negotiated rate)
Lump Sum per year
- at disposal facility of vendor's choice*
Lump Sum per year
''
r
SCRAP METAL, REBATE
Rebate per ton
25.00
25.0025.00
25.00
42F, 00
*SOLID WASTE DISPOSAL (weekly recycling)
Cost per ton
;68.
*SOLID WASTE DISPOSAL (bi-weekly recycling)
Cost per ton
RFP solid waste bid jorms FINAL
Price Sheet 3
Combined Municipal Solid Waste and Recyclable Materials Collection and Transportation
Per Ton Waste Disposal and Per Ton Recyclable Materials Processing
Service
Description
FY 2009
FY 2010
FY2011
FY 2012
FY 2013
AS )LID WASTE WEEKLY CURBSIDE COLLECTION
& TRANSPORT TO DISPOSAL SITE and
RECYCLABLES BI -WEEKLY CURBSIDE
COLLECTION & TRANSPORT TO RECYCLING
PROCESSING FACILITY OF VENDOR'S CHOICE**
Based on limit of 3 trash barrels and I bulk item weekly
- at disposal facility less than 7 miles away (city
negotiated rate)
Lump Sum per year
No Bid
- at disposal facility of vendor's choice*
Lump Sum per year
No Bid
♦SOLID WASTE WEEKLY CURBSIDE COLLECTION
& TRANSPORT TO DISPOSAL SITE and
RECYCLABLES WEEKLY CURBSIDE COLLECTION
& TRANSPORT TO RECYCLING PROCESSING
FACILITY OF VENDOR'S CHOICE**
Based on limit of trash barrels and 1 bulk item weekly
- at disposal facility less than 7 miles away (city
negotiated rate)
Lump Sum per year
No Bid
- at disposal tacilily of vendor's choice*
Lump Sum per year
SCRAP METAL REBATE
Rebate per ton
*SOLID WASTE DISPOSAL (weekly recycling)
Cost per ton
*SOLID WASTE DISPOSAL (bi-weekly recycling)
Cost perton
**RECYCLING PROCESSING (to be applied to the
weekly or biweekly bid above)
Floor / Rebate per ton
No Bid
RFP solid rade bid Jnnns FINAL
Price Sheet 4
Lump Sum Municipal Solid Waste and Recyclable Materials Collection, Transportation and
Municipal Solid Waste Disposal
Service
Description
FY 2009
FY 2010
TY -20 f I
FY 2012
FY 2013
♦SOLID WASTE WEEKLY CURBSIDE COLLECTION
& TRANSPORT & DISPOSAL and RECYCLABLES BI-
WEEKLY CURBSIDE COLLECTION & TRANSPORT
TO NSRF in SALEM
Based on limit of 3 trash barrels and 1 bulk item weekly
Lump Sum per year
♦SOLID WASTE WEEKLY CURBSIDE COLLECTION
& TRANSPORT & DISPOSAL and RECYCLABLES
WEEKLY CURBSIDE COLLECTION & TRANSPORT
TO N.SRF in SAL F.M
Based on limit of 3 trash barrels and I -bulk item weekly
Lum Sum er year $2,420,6
f2.QO
SCRAP METAL REBATE
Rebate per ton
RFP solid wase bid jornvs FW4L
Price Sheet 5
Lump Sum Municipal Solid Waste and Recyclable Materials Collection, Transportation and
Municipal Solid Waste Disposal and Recyclable Processing
Service
Description
FY 2009
FY 2010
FY2011
FY 2012
FY 2013
SOLID WASTE WEEKLY CURBSIDE COLLECTION
& TRANSPORT & DISPOSAL and RECYCLABLES BI-
WEEKLY CURBSIDE COLLECTION & TRANSPORT
TO RECYCLING PROCESSING FACILITY OF
VENDOR :S CHOICE*
Based on limit of 3 trash barrels and I bulk item weekly
Lump Sum per year
NQ Bid
ASOLID WASTE WEEKLY CURBSIDE COLLECTION
& TRANSPORT & DISPOSAL and RECYCLABLES
WEEKLY CURBSIDE COLLECTION & TRANSPORT
TO RECYCLING PROCESSING FACILITY OF
VENDOR'S CHOICE*
Based on limit of 3 trash barrels and 1 bulk item weekly
Lump Sum per
SCRAP METAL REBATE
Rebate per t
*RECYCLABLES PROCESSING
Rebate Formula (to be applied to the weekly or
biweekly bid above)
Floor / RebaRecycling
RFP solid waste bid forms FINAL
Price Sheet 6
Additional Services
__Service
Description
FY 2009
FY 2010
FY2011
FY 201
FY 2013
♦2
117 Public Trash Receptacles within downtown
daily May 1 — October 31
Reduced to 60 Public Trash Receptacles within
downtown
days a week November I — April 30
Lump sum per year
Included in all base
collection prices.
♦ 152 Public Trash Receptacles in Parks
daily May I — October 31
Mondays and Fridays November 1 — April 30
Lump sum per year
$30,000.00
YARD WASTE (additional weeks) curbside
collection and transport ort to
- City of Salem site to be determined
Price for collection per week
ALTERNATE PROPOSALS BY
The City will consider any alternative proposal for collection and processing of solid waste and recycling that is deemed in the best interest of the
City, including automated collection and value added services. Any proposal for automated solid waste collection should be based on 1 container
(45/65 gallon capacity) and recycling collection should be based on single stream recycling collection). Any proposals that require new residential
wheeled carts must include the cost of the wheeled carts in the five (5) year cost of service. PLEASE ATTACH
RFP solid waste bid loris FINAL
Price Sheet 7
Volume of fuel (in gallons) per month per bid option
Pursuant to Section S -E Fuel Adjustment of the Draft Contract, please provide the volume in gallons of diesel fuel you propose will be
used for each bid item you completed that calls for the contractor to collect/transport. These bid items are marked with the symbol
on the bid sheets. Please include the volume proposed for each sub -item, such as two separate figures for a city designated disposal site
within 7 miles of city and vendor's choice of site. Use additional sheet if necessary,
Description of bid item Sheet Volume per month in gallons
Number
RFP solid waste bid lorna FINAL
ALTERNATE PROPOSAL BY VENDOR
In the event that during this contract NSC is to secure the Salem Transfer Station, located
on Swampscott Rd. NSC would allow the City to immediately take advantage of this
option. It is anticipated that the Salem Transfer Station gill he operable with permit
modifications h. the fall of 09.
The charge for - SOLID WASTE WEEKLY CURBSIDE COLLECTION &
TRANSPORTATION TO THE SALEM TRANSFER STATION AND RECYCL;IBLES
BI -WEEKLY CURBSIDE COLLECTION & TRANSPORTATION TO NSRF IN
SALEM.
$ 910,999.00 /YEAR
Disposal would be negotiated on a per ton basis, at a later date and the City would be allowed to
take advantage of any and all reduced disposal scenarios.
The charge for— SOLID WASTE WEEKLY CURBSIDE COLLECTION &
TRNASPORTATION TO THE SALEM TRANSFER STATION AND RECYCLABLS
WEEKLY CURBSIDE COLLECTION AND TRANSPORTATION TO NSRF IN
SALEM.
$1,000,999.00/YEAR
Disposal would be negotiated on a per ton basis, at a later date and the City would be allowed to
take advantage of any and all reduced disposal scenarios.
PRICING CLARIFICATIONS FOR ESCALATORS
PLEASE NOTE THAT ON PRICE SHEET 1,2,4,6, THE ESCALTOR FOR YEARS 2010
THRU 2013 WILL BE THE FOLLOWING INDEX. THE PERCENT CHANGE FROM
THE PREVIOUS YEAR. HOWEVER THERE WOULD BE A MINIMUM 2%
INCREASE EACH YEAR SHOULD THE CPT INCREASE BE LESS THAN 2%.
THERE WOULD ALSO BE A CAP OF 4.5% SHOULD THE CPI INCREASE EXCEED
4.5%.
CPI- ALL URBAN CONSUMERS
ALL ITEMS
BOSTON-BROCKTON-NASHUA,
CLARIFICATION PRICE SHEET 6
117 Trash Receptacles within downtown is included in all solid waste collection pricing
indicated by NSC, and would be inclusive within the base price. Price sheets 1,2, and 4.
CLARIFICATION PRICE SHEET 7
No Fuel Surcharge or Decrease, all prices will remain fixed for the duration of this contract
with the exception of annual escalators, unless specified.
SUPPLEMENTAL BID FORM TO PRICE SHEETS 1-7 MAY l3, 2008
NORTHSIDE CARTING
PRICE.PROP.gSALS (2nd:round}., : �.., . ..
-. RAN
; FY.,2009..
t'YYpt1. d 2
1nNla1 bW .
_ FY2013.
Solid Waste weekly curbside collection andtransport to
Wheelabrator Saugus (city pays per ton disposal fee) and
recyclables weaMy curbside collection and transport to
NSRF in Salem
;�'1sY.oY3
No Change
Solid Waste weWy cu 3side collection and transportto
facility of vendor's choice (vendor pays per ton disposal
fee) and recyciables weekly curbside collection and
transport to NSRF in Salem LUMP SUM PROPOSAL
-:1st,01 .
No Change
Yearly escalator of above two proposals
,r,QRI of 3 -`
--
2%,-
117 Public Trash Receptacles within downtown daily May 1
2.5°,6 2.5%
October 31; reduced to 60 public trash receptacles within
.._
downtown 3 dwils p2r week November 1 - April 30.'latof
3":
No Change
152 Public Trash Receptacles in parks daily May 1 -
October 31; Mondays and Fridays November '4%30
"-2nd of $
$27,000
Yard Waste (additional weeks curbside collect
-
tranport to City of Salem site to be determined (within 7 miles �..
..
of Ci
�lst of3
No Change
l'JSTOFPREFEI2At3LF:8ERNICES.. - -
::
_{
NO . .. ADDITIONAL:FEE- ..COMMENTS._.
.
vehicies will be registered in Salem
yes
Supply dumpsterstioters for schoollmunicipal buildings for
recycling
yes
Direct contact b residents for schedulin while Dods pickupyes
Collection container for white Dods at DPW are a
Yes
Annual stipend of $30,000 for recycling enforcement officer
No
Two public hearings per year to help educate residents
Mans in Agent in Base Bid
regarding trash limit and recycling requirements
Yes
Two $1000 scholarships per year to Salem High School
senior students who will major in environmental field in
college
Yes
Annual production and mailing of brochure detailing City's
solid waste and recycling pr rams
Yes
Develop cable broadcast regarding trash limit and recycling
U to $5,000 r ear
requirements
Yes
Coach collection crew in Salem's specific contract terms
yes
Stringent employLe selection and tre in roto cols
Yes
Provide pre -paid mailer for residents' sharps (needle)
disposal
No
Provide future pick-up of business' papedcardboard
(including those for whom we do not pick u trash current]
Yes
Will not include a fuel adjustment amount
Yes