Contract- Capitol Waste.pdf
Department of Public Works, Treasurer & Collector · from the Town's request portal · released Oct 5, 2020 · 31 pages · 2.2 MB
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AMENDMENT #2 TO THE
CONTRACT FOR SOLID WASTE SERVICES
BY AND BETWEEN
THE TOWN OF WINTHROP
AND
CAPITOL WASTE & RECYCLING, LLC
THIS AGREEMENT, made as of this 18" day of March 2013, by and between the Town of
Winthrop, Massachusetts (hereinafter referred to as the "TOWN") as represented by its Town
Manager (hereinafter referred to as the "TOWN MANAGER") and Capitol Waste & Recycling
LLC, 250 Lee Burbank Highway, Revere, MA 02151 (hereinafter referred to as the
"CONTRACTOR'").
WITNESS THAT:
WHEREAS, the Town of Winthrop and Capitol Waste Services & Recycling , Inc. of East
Boston, Massachusetts entered into a contract for solid waste services on or about June 13, 2003
(“Contract”).
WHEREAS, the AGREEMENT was previously amended to extend the term for an additional
five-year (5) period.
WHEREAS, Capital Waste Services, Inc. is now known as Capital Waste & Recycling, LLC
and any and all rights and obligations of Capital Waste Services, Inc. under the Contract have
been assigned to Capital Waste & Recycling, LLC, and the TOWN has consented to said
assignment.
WHEREAS, the TOWN has appropriated funds to procure solid waste services (hereinafter
referred to as "SERVICES"; and
WHEREAS, Contractor services as outlined in the Scope of Services dated May 2003 relating to
the SERVICES are consistent with the Town approved budget and incorporated by reference
herein;
AGREEMENT OF THE CONTRACTOR: That for and in consideration of the payments and
agreements hereinafter mentioned:
The CONTRACTOR wili commence and provide the additional services as specified in the
attached ADDITIONAL TERMS (Attachment A).
The CONTRACTOR agrees to perform all of the work described in this AMENDMENT
and to comply with the terms and conditions therein for of a lump sum of :
Fiscal Year #1: (FY 2014): July 1, 2013 thru June 30, 2014- $1,081,950.22 (2.25% increase
fro FY2013)
Fiscal Year #2 (FY2015): July 1, 2014 thru June 30, 2015 - $1,106,294.10 (2.25% increase
from FY2014)
Fiscal Year #3 (FY2016): July 1, 2015 thru June 30, 2016- $1,131,185.72 (2.25% increase
from FY2015)
Fiscal Year #4 (FY2017): July 1, 2016 thru June 30, 2017 - $1,156,637.40 (2.25% increase
from FY2016)
Fiscal Year #5 (FY2018): July 1, 2017 thru June 30, 2018 - $1,182.661.74 (2.25% increase
from FY 2017)
Fiscal Year #6 (FY2019): July 1, 2018 thru June 30, 2019 - $1,209,271.63 (2.25% increase
from FY2018)
Fiscal Year #7 (FY2020): July 1, 2019 thru June 30, 2020 - $1,236,480.24 (2.25% increase
from FY2019)
ENTIRE UNDERSTANDING: This AGREEMENT, together with the
exhibits attached hereto, represents the entire understanding of the parties.
The original contract dated June 13, 2003 is incorporated into this amendment in its
entirety. Neither party is relying upon any representations not contained herein.
SEVERABILITY: If any provision of the AGREEMENT or portion of
such provision or the application thereof to any person, entity or circumstance is held
invalid, the remainder of the AGREEMENT (or the remainder of such provision) will
not be affected thereby so long as such remaining or modified provisions reflect the intent
of the parties as of the date of this AGREEMENT.
CONTINUITY: This AGREEMENT shall be binding upon all parties
hereto and their respective heirs, executors, administrators, successors and
assignees and at the option of the TOWN, may be renegotiated and renewed
beyond the termination date stipulated herein above.
NOTICE REQUIREMENTS: Any notice call for or provided for herein shall
be served by registered mail and shall be deemed served when deposited in the
United States Mail, postage prepaid.
ATTACHMENT B
TOWN OF WINTHROP
AND
CAPITOL WASTE & RECYCLING LLC
ADDITIONAL TERMS and CONDITIONS
Term of Contract
The term of this AGREEMENT shall be extended for seven (7) years, effective, July 1,
2013 and continuing through June 30, 2020 unless sooner terminated as provided in the
original contract documents. The payment from the Town to Capitol Waste &
Recycling LLC shall be in the form of a lump sum for each of the contract years as
previously stated.
Additional Terms and Conditions:
1,
Capitol Waste & Recycling LLC shall purchase and furnish to the Town of Winthrop a
new 8-11 yard rear load packer truck on a new International 25999 GVW chassis. The
truck will also be equipped with a 10 foot Fisher plow. The cost of this vehicle is
$145,436.00.
Capitol Waste & Recycling LLC will purchase and furnish to the Town of Winthrop
6,700 — 65 gallon recycle totes to be distributed to our 1-3 family residences. These
closed top totes will aid in increasing recycling volume and ensure that recyclables
remain inside the intended containers prior to pick-up. These larger volume totes will
replace the smaller 18 gallon bins that are currently being provided by the Department of
Public Works.
Capitol Waste & Recycling LLC will supply four (4) 30 yard dumpsters per year at no
cost to the Town for the purpose of town-wide clean up efforts.
IN WITNESS THEREOF, the Town of Winthrop, Massachusetts and Capitol Waste &
Recycling LLC of Revere Massachusetts, have executed this AGREEMENT as of the date first
written above.
TOWN OF WINTHROP CAPITOL WASTE & RECYCLING LLC
TOWN MANAGER
AMA Qa’
Ja McKenna Pr Fad
Date ual iw Date ie
APPROVED
; “Town Counsel
Date:
APPR! D AS TO AVAILABILITY OF FUNDS:
Timothy Gordon, Chief Financial Officer
Date:
AMENDMENT TO
THE CONTRACT FOR SOLID WASTE SERVICES BY AND BETWEEN
THE TOWN OF WINTHROP AND CAPITOL WASTE SERVICES INC.
s
THIS AGREEMENT, made as of this_ 2 / 7 day of December 2007 by and between the
Town of Winthrop, Massachusetts (hereinafter referred to as the “TOWN”) as represented by its
Town Manager (hereinafter referred to as the “TOWN MANAGER’) and Capitol Waste
Services Inc. of East Boston, Massachusetts (hereinafter referred to as the “CONTRACTOR”).
_ WITNESS THAT:
WHEREAS, pursuant to the agreement made between the Town of Winthrop and Capitol
Waste Services Inc. of East Boston, Massachusetts on June 13, 2003, the agreement is hereby
amended according to the provisions included in the TERMS OF CONTRACT, of the original
agreement. Any such amendments shall be recorded and executed by all parties and
incorporated into this AGREEMENT.
WHEREAS, the TOWN has appropriated funds to procure solid waste services (hereinafter
referred to as “SERVICES”, and
WHEREAS, Contractor services as outlined in the Scope of Services dated May 2003 relating to
the SERVICES are consistent with the Town approved budget and incorporated by reference
herein;
AGREEMENT OF THE CONTRACTOR: That for and in consideration of the payments and
agreements hereinafter mentioned:
The CONTRACTOR will commence and provide the additional services as specified in the
attached ADDITIONAL TERMS (Attachment A).
The CONTRACTOR agrees to perform all of the work described in this AMENDMENT and to
comply with the terms and conditions therein for a lump sum of:
Fiscal Year #1: July 1, 2008 thru July 1, 2009 - nine hundred and forty-nine thousand, three
hundred and forty dollars ($949,340.) - (no change).
Fiscal Year #2: July 1, 2009 thru June 30, 2010 - nine hundred and seventy three thousand
and seventy three dollars ($979,073) - (2.5% increase).
Fiscal Year #3: July 1, 2010 thru June 30, 2011 — one million and eight thousand, two
hundred and sixty five dollars ($1,008,265.) - (3% increase).
Fiscal Year #4: July 1, 2011 thru June 30, 2012 — one million and thirty eight thousand, five
hundred and twelve dollars ($1,038,512.) - (3% increase).
Fiscal Year #5: July 1, 2012 thru June 30, 2013 — one million and sixty four thousand, four
hundred and seventy four dollars ($1,064,474.) - (2.5% increase) of this contract. The
compensation provide by this AGREEMENT is subject to continued availability of funds.
ATTACHMENT A
TOWN OF WINTHROP AND CAPITOL WASTE SERVICES INC.
ADDITIONAL TERMS AS AMENDMENT TO CONTRACT
December 7, 7. 2007
TERM OF CONTRACT:
The term of the contract between the Town of Winthrop and Capitol Waste Services Inc. of East
Boston, Massachusetts shall be extended for five (5) years, effective July 1, 2008 and continuing
through June 30, 2013 unless sooner terminated as provided in the original contract documents.
The payment from the Town to Capitol Waste Services Inc. shall be in the form of a lump sum
for each of the contract years as previously stated.
CONSIDERATIONS:
1.
Capitol Waste Services Inc. shall furnish five hundred (500) recycle bins to the town
at no charge to the Town.
_ Capitol Waste Services Inc. shall affix permanent signage on the vehicles contracted
for use by the Town of Winthrop. Final wording to be approved by the Town
Manager.
Capitol Waste Services Inc. will furnish on a yearly basis to the Town of Winthrop
tow (2) — 30 yard roll off containers holding five (5) tons each for Fourth of July
cleanup.
Capitol Waste Services Inc. agrees to pick up Christmas trees during the first and
second weeks of January at no cost to the Town. Said trees are to be picked up and
disposed of in accordance with standard practices of the trade.
The Town of Winthrop agrees to continue their sticker program for bulk cleanouts
and furniture pick-ups.
Capitol Waste Services Inc. agrees to pickup yard waste two (2) Saturdays during the
month of November of each contract year and dispose of it at the Town of Winthrop
compost site. Yard waste must be put out properly by residents in open barrels or
paper bags.
ENTIRE UNDERSTANDING: This AGREEMENT, together with the exhibits attached
hereto, represents the entire understanding of the parties. The original contract date June 13,
2003 is incorporated into this amendment in it entirety. Neither party is relaying upon any
representations not contained herein.
SEVERABILITY: If any provision of the AGREEMENT or portion of such provision or the
application thereof to any person, entity or circumstance is held invalid, the remainder of the
AGREEMENT (or the remainder of such provision) will not be affected thereby so long as such
remaining or modified provisions reflect the intent of the parties as of the date of this
AGREEMENT. |
CONTINUTIY: This AGREEMENT shall be binding upon all parties hereto and their
respective heirs, executors, administrators, successors and assignees and at the option of the
TOWN, may be renegotiated and renewed beyond the termination date stipulated herein above.
TERM: The term of the AGREEMENT shall commence upon the date of its execution. The
Term shall continue until June 30, 2013 unless extended by Prior written agreement executed by
the parties, or sooner terminated as provided for herein.
NOTICE REQUIREMENTS. Any notice call for or provided for herein shall be served by
registered mail and shall be deemed served when deposited in the Unites States Mail, postage
prepaid.
IN WITNESS THEREOF, the Town of Winthrop, Massachusettts and Capitol Waste Services
Inc. of East Boston, Massachusetts, have executed this AGREEMENT as of the date first
written above.
TOWN OF WINTHROP CAPITOL WASTE SERVICES INC.
TOWN MANAGER
Meo USL Ve NL
Richard J. White esident }
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Date: aa /4, o] Date: 12 ay 67
APPROVED AS TO FORM:
i Date: jal v[o4
Robert E. Noonan, Town Counsel
APPROVED OF FUNDS:
Date: 72 —/ Y -O 7
Michael Bertino,
APPROVED AS TO ADHERENCE TO PROCUREMENT POLICY:
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Date: {2 4
[tf
Gr fikf Procurement Officer
TOWN OF WINTHROP
SOLID WASTE SERVICES AGREEMENT
This Solid Waste Services Agreement (the "Agreement") is made and entered into as of the day of June,
2003, by and between the Town of Winthrop, Massachusetts, a political subdivision of the Commonwealth
of Massachusetts with an address of 1 Metcalf Square, Winthrop, MA 02152 (hereinafter "the TOWN"),
and Capitol Waste Services, Inc. of East Boston, Massachusetts, a Massachusetts corporation with offices
at 1222 Bennington St., East Boston, Massachusetts (hereinafter the "CONTRACTOR”),
1.
DEFINITION OF TERMS:
Whenever the following terms, or pronouns in place of them, are used in this Agreement, the intent
and meaning shall be interpreted as follows:
ALTERATION: Change in the form or character of any of the Work done or to be done.
TOWN: The Town of Winthrop, Massachusetts, a municipal corporation duty organized under the
laws of the Commonwealth of Massachusetts.
CONTRACT: The written agreement executed between the Town and the Contractor setting forth
the obligations of the parties hereunder, including, but not limited to, the performance of the Work,
the furnishing of all labor, vehicles, equipment and materials, and the basis of payment.
The Contract includes the Agreement, accepted price proposal, Wage Rates, Performance Bonds,
General and Detailed plans, any Extra Work orders and agreements that are required to complete
the Work in an acceptable manner, if any, including authorized extensions thereof, all of which
constitute one instrument.
CONTRACTOR: The company designated under this agreement to perform the Work in
accordance herewith, referred to herein as “Contractor,” “he,” "him," or "it."
DEPARTMENT: The Department of Public Works of the Town of Winthrop.
DIRECTOR: The Director of the Department of Public Works, acting directly or through an
authorized representative, provided such representative is acting within the scope of his or her
delegated authority.
EXTRA WORK: Work that: (a) was not originally anticipated and/or contained in the Contract;
(b) is determined by the Director to be necessary for the proper completion of the Work; and (c)
bears a reasonable subsidiary relation to the full execution of the Work originally described in the
Contract.
HAZARDOUS MATERIALS: Gasoline, explosives, compressed gases, explosive chemicals,
corrosive chemicals, televisions, computer monitors, florescent bulbs, batteries, and all other
hazardous wastes as defined by DEP and EPA, and other materials as the Director may deem
hazardous.
OWNER: The Town of Winthrop, Massachusetts.
RECYCLABLE MATERIAL: Shall mean materials that the Town has designated as having
potential for recycling and that is pre-sorted from solid waste. These include, but are not limited to:
paper (including without limitation, newspapers, telephone books, magazines, mail, white paper,
colored paper, envelopes, mixed paper), corrugated cardboard and paperboard, glass (bottles, jars
and other clear or colored glass), #1 through #7 plastic containers, aluminum (cans and other
products), steel cans and tin.
SOLID WASTE: means useless, unwanted or discarded materials resulting from household,
municipal or commercial activities, such as rubbish, refuse, garbage, trash, bulk items and all
waste which is normally acceptable at an incineration facility or landfill.
SURETY: The company issuing the bonds required of the Contractor by this Contract.
TRANSPORT or TRANSPORTATION: Means to transfer or carry acceptable solid waste or
recyclable material in an approved and lawful vehicle from the point of collection or pickup to
some approved disposal site, in accordance with the terms and conditions of this Contract.
WHITE, LIGHT IRON GOODS: includes all appliances made of metal including, but not
limited to, refrigerators, freezers, stoves, ovens, dishwashers, air conditioners, clothing washers
and dryers, hot water heaters.
WORK: The performance by the Contractor, including the furnishing of all materials, labor, tools,
vehicles, equipment and incidentals, of everything required of the Contractor under the terms of
this Contract, provided that the words "as directed," “as permitted," "as required," or words of like
effect shall mean that the direction, permission or requirement of the Director is intended, and
similarly the words "approved," “acceptable,” "satisfactory," or words of like import shall mean
approved by, acceptable or satisfactory to the Director, unless otherwise provided herein. The
words "necessary," "suitable," "equal," or words of like import shall mean necessary, suitable or
equal in the opinion of the Director.
TERM OF CONTRACT
The Contractor shall commence Work on July 1, 2003 and the Work shall continue through June
30, 2006 unless sooner terminated as provided herein. The continuation of the contract through the
second and third years as well as an extended term shall be subject to the appropriation. Failure to
obtain funds from Town Meeting shall terminate the contract on the applicable June 30" date with
no additional compensation to the Contractor.
SERVICES TO BE PROVIDED
A. Solid Waste .
Contractor shall provide to the Town all labor, services, equipment, vehicles and material required
for five-days-per-week (Monday through Friday) curbside collection, transportation and disposal
of Solid Waste and properly segregated Recyclable Materials generated within the Town of
Winthrop. In the event there is a weekday holiday, the collection schedule will be advanced one day
(e.g.. Monday pick-up will be on Tuesday, Friday pickup will be on Saturday). No collection will
be made on the following legal holidays:
New Year's Day
Martin Luther King Day
Presidents' Day
Evacuation Day
Patriots' Day
Memorial Day
~ Bunker Hill Day
Independence Day
Labor Day
Columbus Day
Veterans’ Day
Thanksgiving Day
Christmas Day
The Contractor shall accept responsibility for all advertisements placed in the local newspapers
notifying the public of holidays on which trash/recycling will not be collected.
No collection shall be made before 7:00 A.M. or after 5:00 P.M., except with the written
permission of the Director. The Contractor shall collect all waste timely deposited when it is in
appropriate containers or when it can be determined that it was set out with the intention of being
so collected. No waste shall be refused for collection and hauling from the time of commencement
of this contract. Contractor shall be responsible for placing stickers on inappropriate waste or
waste left at the curb improperly.
Residential collections shall be made at curbside. Other collections shall be made in accordance
with Table 1 or as needed. All allowable bulk items shall be collected at the time of the regular
bag or barrel pick up.No special collection of bulk items shall be permitted without the permission
of the Director of Public Works.
Prior to starting the Work, the Contractor shall submit to the Town for approval a proposal
showing the sequence of the Work, street by street, as he wishes to do it. The sequence approved
by the Town shall be followed specifically by the Contractor. Any change thereafter shall be made
only with the express written approval of the Director. Recyclables shall be collected on the same
day as solid waste.
If the Town goes to an alternative municipal funding scenario for trash pick-up such as “Pay As
You Throw”, the Contractor will pick up the appropriately tagged receptacles.
B. Disposal
Contractor understands and agrees that the solid waste collected pursuant hereto shall be disposed
of at a duly permitted site or facility designated by the Contractor.
C. Recyclable Materials And White And Light Iron Goods
Recyclable Materials shall be collected and transported by Contractor to a duly permitted recycling
facility. The Contractor shall have all rights and responsibility for the collection and disposal of all
Recyclable Materials, and White, and Light Iron Goods. It is the intent of the parties that, as
markets become available, other items shall be added to the list of Recyclable Materials.
Containers or bins for recyclables shall be provided to occupants by the Town. Occupants shall be
responsible to set out recyclable glass, plastics and metals in the bins, to be collected and separated
by the Contractor. | Newspapers shall be bagged or tied beside the bins; cardboard shall be
similarly bundled and placed beside the bins or in a separate bin. Recyclable goods shall be placed
weekly at curbside, on the same day as the regular collection of solid waste, The Contractor shall
provide assistance with educational programs for the Town and its residents concerning recycling,
including, but not limited to participation in public information meetings, media interviews, and
distribution of written information.
The obligation to collect recyclable materials, and white and light iron goods shall exist whether the
Contractor has its own permit for recycling or is obliged to dispose of recyclable goods at another
permitted facility. Collection of the aforementioned items shall continue regardless of any change in
law or regulations affecting the material picked up or the method marketing or disposal of same.
Contractor expressly agrees to dispose of recyclable goods in a lawful manner. The terms or
conditions of this paragraph are a necessary and material term of this contract. The Contractor’s
failure to fulfill its obligations under this paragraph shall be considered a material breach of this
contract.
The Contractor shall not be responsible for collection of improperly separated recyclables. If
materials which are not subject to recycling have been improperly placed in recycling bins then the
Contractor shall use best efforts to remove recyclables. Non-recyclables shall be left in the bin at
curbside and a sticker affixed to the bin. Disposal of materials which have been improperly placed
in recycling bins shall be the responsibility of the occupant of the premises.
The Contractor shall submit monthly reports for each type of recyclable material which provide,
as follows: 1) the tons collected; 2) the average number of households collected from per run, day,
and 3) month and where each type of material is disposed. The Contractor shall also provide
monthly statements as to the amount and type of material which is temporarily stored for future
disposal. The Contractor shall be entitled to any proceeds derived from the sale of any Recyclable
Materials collected by said Contractor.
D. White And Light Iron Goods
Contractor shall provide for the curbside collection, transportation and disposal of light Iron, white
goods on a weekly basis in accordance with Town policy. All pickups shall be coordinated by and
with the Town and the Town shall be notified promptly upon completion of pick-up requests.
Payment for the Contractor’s pick-up of these items is to be assessed on a per item basis, as
follows:
Items with Freon Other items
Year | $30.00 per item $ 20.00 per item
Year 2 $30.00 per item $ 20.00 per item
Year 3 $30.00 per item $ 20.00 per item
E, Container Collection
Collection of solid waste and recyclable materials at Schools, Municipal facilities and the
Winthrop Housing Authority shall be in accordance with the schedule listed in Table 1. The
Contractor shall supply containers in the quantities and sizes listed. The Contractor shall maintain
all containers. Friday pickups shall be made between 1:00 PM and 2:30 PM, and Monday pickups
shall be made by 11:00 AM. School containers will be emptied after the daily school sessions.
The containers shall be fitted with covers made of vinyl, rubber or other light weight material, and
the covers shall be small enough to open easily from the front and the back. The containers shall
be maintained free of all damage or defects and they shall be kept clean and presentable. The
Contractor shall repair or replace any container that the Town determines is unsatisfactory within
two weeks of it’s receipt of written notice from the Town.
The Contractor shall clean up trash under and around the containers and any spillage that occurs
from emptying said containers. Clean-up shall include, but not be limited to, broom picking up
litter and debris and sweeping surfaces within the enclosure. If the container covers are fastened
for emptying, they shall be unfastened when emptied.
Where there are bays within an enclosure, the containers shall be placed against the bays to
facilitate rear loading. Enclosure gates shall be closed after the containers are emptied.
The Contractor shall thoroughly wash and disinfect each container during the months of April,
June, August and October; and, othenvise regularly deodorize them. Trash collection vehicles
shall not be driven over curbs or on sidewalks or grass.
Table A
Frequency
Location Number and Type per Week
Residence Curbside I
Schools:
High School 1 Container 3 or as needed
Middle Schooi | Container 3 or as needed 3
Center School | Container 3 or as needed 3
(upon opening)
un
EB. Newton 1 Container 3 or as needed 3
Dalrymple School 1 Container 3 or as needed 3
(until closing)
Other facilities
Senior Center Barrels and recycling 1 or as needed
Town Hall 1 Syd dumpster 5 or as needed
and barrels
Skating Rink 1 container 3 or as needed
Miller Field 1 container 1 or as needed
Housing Authority Barrels and recycling | Weekly as per location
on residential route
DPW Facility Barrrels & recycling 1 or as needed
F. Winthrop Clean Up Day
A Townwide Winthrop Clean Up day may be scheduled by the Town each Spring. Bulk items and
other irregularly scheduled items are especially likely to be collected at that time. The contractor
shall assign a solid waste packer to the Town for the duration of the day of clean up.
G. Containers To Be Provided At DPW Yard
Contractor shall provide to the Town, separate containers at the Town DPW yard for solid waste,
and white goods and light iron upon the request of the Director. Contractor shall be responsible for
hauling and disposing of the debris contained therein. The Contractor shall clean up trash under
and around the containers and any spillage that occurs from emptying said containers. Clean-up
shall include, but not be limited to, broom picking up litter and debris and sweeping surfaces within
the enclosure. The Contractor shall thoroughly wash and disinfect each container during the
months of April, June, August and October; and, otherwise regularly deodorize them.
H. Collection Hours, Routes And Days Of Collection
Collection routes, hours and days of collection shall be as established by the Town’s Director of
Public Works. There shall be five routes, one each weekday. Recyclables and other materials
shall be collected on the same day as solid waste except where otherwise specified in this contract
or the recycling plan. No modification to the routes or schedule shall be made without the approval
of the Town’s Director of Public Works.
I. Municipal Building Collection
All waste at municipal buildings excluding the schools shall be picked as indicated in Table 1.
Recyclable materials shall be picked up weekly from both municipal buildings and schools.
Holiday pickup shall be on the following day, except where otherwise specifically noted in this
agreement or other modifications agreed to in writing by the Director of Public Works.
J. Equipment Maintenance
All equipment shall be maintained in an efficient and safe condition while performing work under
this Contract. All trucks and trailers shall have appropriate signage denoting Contractor’s name
affixed at all times while in use. If equipment does not contain proper safety devices and/or is being
operated in an unsafe manner, the Town shall direct the Contractor to remove such equipment until
the deficiency is corrected to the satisfaction of the Town.
K. Weather Conditions
Contractor must be familiar with all weather conditions prevailing in this area and familiarize itself
thoroughly with the route and provide proper equipment and sufficient labor to perform Work
under the Contract.
L. License And Permit Costs
The Contractor shall obtain and assume all costs for all local, state and/or federal licenses and
permits that are or may become necessary for collecting, transporting and disposing of solid waste
and recyclable materials under this Contract.
M. Contractor Employees
The Contractor shall'employ competent and courteous employees, and when directed to so by the
Director for just cause, shall replace immediately any incompetent or discourteous employee in
accordance with applicable laws and standards.
O. Transport Operation Compliance
At all times the Contractor's transport operation shall be conducted in compliance with applicable
Federal and State laws, rules and regulations, and regulations of the Town's Board of Health and
all Town ordinances and regulations. In particular, the Contractor is responsible for compliance
with regulations regarding the proper disposal of materials banned from incineration by DEP
regulation 3 LOCMR19.006.
P. Spillage
The Contractor shall not allow solid waste or recyclable materials to be scattered about the street
or on private property during pick-up. Any waste or materials spilled or dropped accidentally
during pick-up shall be immediately picked up and removed by the Contractor. All receptacles
shall be returned to the sidewalk after being emptied.
Q. Street Blockage
If streets are blocked from any cause, the Contractor shall hand carry the solid waste, recyclable
materials and other matter to be removed, to the truck, unless otherwise directed by the Town.
R. Household Demolition Debris
Small quantities of household demolition debris, in accordance with the policies of the Department
of Public Works, shall be picked up and disposed of by the Contractor. Large quantities of
demolition debris defined as material resulting from the demolition of structures or parts thereof
including interior finishes and fixtures shall not be collected or disposed of by the Contractor. It is
the responsibility of the property owner or contractor generating such debris to secure a permit for
demolition debris from the Inspectional Services Department and to dispose of such debris.
S. Outreach
The Contractor shall issue on July Ist of each year, at his/her own expense, a prepared trash pick-
up/Recycling Brochure. The contents of the brochure is subject to approval by the DPW Director,
but at a minimun must contain the name and address of the Contractor;the days upon which
collection of rubbish, trash, garbage and recyclables will be made in each particular street; the
types of acceptable trash/recycling that will be collected and a list of unacceptable trash/recycling
that will not be collected; the holidays on which trash/recycling will note be collected; and the name
and telepone number of who residents should call in the event that there is a problem with
collection.
CONTRACTOR'S GENERAL OBLIGATIONS
A. Manner of Work
The Contractor shall in a good and workmanlike manner, do and perform all the Work and furnish
all labor, materials, vehicles, machinery, equipment, facilities and means, except as herein
otherwise expressly specified, necessary or proper to perform and complete all the Work required
by this Contract, within the time herein: specified, in accordance with the provisions of this
Contract and the specifications and in accordance with the directions of the Director as given from
time to time during the progress of the Work.
B. Personnel and Performance:
The Contractor shall furnish personnel for all services rendered under this Agreement, including
supervisory, clerical, and working personnel. Such personnel shall consist of the number and
classification as may at any time be necessary to accomplish, on schedule, all Work under this
Agreement. This Work force shall be maintained on all days on which services are required. All
Contractor's employees shall be qualified and experienced in their respective classifications, and all
employees shall be physically able to perform their assigned work.
Adequate and competent supervision shall be provided at all times for all work done by the
Contractor's employees to assure performance and accomplishment in strict accordance with the
provisions of this Agreement. The Contractor shall provide the Town with the name of a
designated Supervisor on a daily basis. The designated Supervisor shall not be performing
collection duties and shall be solely responsible for supervision of Contractor’s performance.
Supervisory tasks shall include but not be restricted to, the following:
i.) to provide an adequate labor force including finding immediate replacements for personnel
dismissed for cause or leaving employment of their own volition; and to train personnel
property on performing work in accordance with tasks and methods outlined herein.
C. Performance of Contractor:
The Contractor shall give personal attention constantly to the faithful prosecution of the Work,
shall keep the same under direct control, and shall neither legally nor equitably assign any of the
funds payable under this Agreement, or its claim thereto, without the written consent of the Town.
The Contractor shall be responsible for the acts and omissions of subcontractors, if any, and all
persons directly or indirectly employed in connection with the work.
The Contractor shall not assign by power of attorney or otherwise, or subcontract the Work
encompassed by this Agreement or any part thereof without the previous written consent of the
Town. In the absence of such written approval, the Contractor shall perform all work with its own
personnel.
D. Equal Opportunity Employing:
The Contractor shall not discriminate against any employee or applicant for employment because
of race, color, religion, sex, age or national origin. The Contractor will take affirmative action to
ensure that applicants are employed without regard to their race, color, religion, sex, age, or
national origin. .
The Contractor shall take steps to ensure that employees are treated during employment without
regard to their race, color, religion, sex, age, or national origin. Such action shall include, but not
be limited to the following activities: employment, promoting, demoting, or transferal, recruitment
or recruitment advertising, layoff or termination, rates of pay or other forms of compensation,
selection for training, including apprenticeship.
The Contractor shall be prepared to sign an Affirmative Action Affidavit at the time of contract
execution, The Contractor will comply with required provisions for Minority/Women Business
Enterprise programs.
The Contractor shall at all times observe and comply with all federal, state and local laws,
by-laws, ordinances, and regulations in any matter which affects the conduct of the work or applies
to employees under contract. Similarly, the Contractor shall comply with all orders or decrees
which have been promulgated or enacted by any other legal body or tribunal having authority or
jurisdiction over the work, materials, employees, or the contract.
E. Contract Compliance
The Contractor shal! observe, comply with, and be subject to all terms, conditions, requirements,
and limitations of the Contract and specifications, and shall do, carry on, and complete the entire
Work to the satisfaction of the Director and the Town.
F. Contractor's Office, Complaints and Contractor’s Representative:
The Contractor hereby agrees to handle all complaints arising out of this contract in a courteous
and expeditious manner and agrees that he/she will emply mature people of judgement and
discretion able to be reached during business hours at a listed telephone number to handle
complaints. The Contracor, at his/her own expense, shall provide a local telephone number (to be
displayed on trucks) for the purpose of directly receiving and handling complaints from Winthrop
residents.
The Contractor shall provide sufficient personnel and/or equipment to correct deficiencies in
accordance with the provisions of the Agreement. Instructions given by the Director of Public
Works of the Town of Winthrop or her/his designee to the Contractor's designated representative
shall be considered as having been given to the Contractor. The Contractor also shall contact the
director or his designee at least twice each working day (between 8:00 A.M. and 11:00 A.M. and
12:30 P.M. and 2:30 P.M.) for the purpose of receiving reports and reviewing complaints. By 8:00
A.M. of the following day, Contractor shall report how complaints have been handled.
If for any reason the Contractor is unable to handle satisfactorily a complaint by the end of the day
he shall so inform the Director. If the Director approves and in extreme cases only, the Contractor
may handle the complaint on the following day before that day's collection route is begun.
G. Contractor Responsibility Acknowledgement
Thé Contractor acknowledges and. agrees that he is responsible as an Independent Contractor for
all his acts and doings and all the acts and doings of his agents, employees and subcontractors
hereunder.
H. Incineration, Land filling and Storage of Recyclables
The Contractor shall be permitted to incinerate or landfill, at the Contractor’s sole expense, any
load of contaminated waste without prior authorization from the Town, provided, however, that
the Contractor shall notify the Town of the dates, disposal sites and tonnage of waste incinerated
and/or landfilled in the applicable monthly statement. In the event that the Contractor fails to
comply with the requirements of these paragraphs, it shall be liable for liquidated damages as
provided herein. In the event that market conditions necessitate temporary storage of all or any
portion of the Recyclable Materials or other waste collected and hauled by the Contractor, the
Contractor hereby agrees to notify the Town and obtain the Town’s prior approval of the location.
The Town’s approval shall not be unreasonably withheld. Any temporary storage fees for
recyclables or other wastes shall be the sole responsibility of the Contractor. The Contractor
guarantees not to incinerate or landfill any recyclable materials collected by it except as expressly
provided for in this article. This is an essential and material term of this agreement.
I. Compliance with Federal, State and Local Laws; Discrepancies or Inconsistencies
The Contractor shall keep himself fully informed of all state, federal, and local laws, ordinances,
regulations and policies affecting in any manner 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 of bodies or tribunals having any jurisdiction or authority over the same, and conform
to and abide by the same. If any discrepancy or inconsistency is discovered by the Contractor
between the Contract for this Work and any such law, ordinance, regulation, policy, order or
decree, he shall forthwith report the same to the Department of Public Works in writing.
Contractor shall at all times observe and comply with, and shall cause all his agents and employees
to observe and comply with, all such existing and future laws, ordinances, regulations, policies,
orders and decrees, and Contractor assumes the risk for changes in laws, regulations, and policies
10
that affect the Work. The Contractor shall defend and indemnify the Town and the Department of
Public Works and their officers, agents and employees against any claim or liability arising from or
based on the violation of any such law, ordinance, regulation, policy, order or decree, whether by
himself or his agents, employees or subcontractors.
J. Federal, State and Local Permits and Licenses
Except as otherwise specifically stated in this Contract, the Contractor shall secure, at its own
expense, all necessary permits and licenses and comply with all Town, state and federal codes and
regulations. Contractor must provide and pay for all vehicles, materials, equipment, labor, tools,
temporary construction of every nature, charges, levies, fees, or other expenses incurred and all
other services and facilities of every nature whatsoever for his performance of the Contract within
the specified time, and required for the collection and disposal of solid waste in the Town.
K. Timeliness and Diligence of the Contractor in Performing Work
The Contractor agrees that said Work shall be prosecuted regularly, diligently, and
unintermuptedly, and that TIME IS OF THE ESSENCE in the performance of this Contract.
_ REPORTS, RECORDS AND DATA
All disposal slips received by the Contractor at the approved disposal site(s) for the disposals of
trash and recyclables at that facility on any given day shall be reported to the DPW Director as
follows.
The Contractor shall be responsible for providing an accounting and submitting to the Town a
monthly report of tonnages for solid waste and recyclables (separately by material), the average
number of households collected from per day, and month and location where each type of
recyclable is disposed. Contractor shall also provide monthly statements as to the amount and type
of material, which is temporarily stored for future disposal. The Contractor also shall submit to
the Town such schedules of quantities and costs, progress schedules, payrolls, reports, estimates,
records, and other data as the Town may request concerning the Work performed or to be
performed under this Contract. In the event the Town needs to perform services to correct the
above-listed items, the costs incurred by the Town will be added to the stated liquidated damages.
The Contractor shall keep daily records of solid waste and recyclable materials collected, and the
Town shall have the right to inspect the same at all reasonable times. The records shall show the
type (regular solid waste, bulky items, yard waste, etc.) and weight of materials collected under
this Contract.
The Contractor will provide a site that the DPW trash truck can dump waste truck collection of
barrels throughout the Town, i.e. business areas, parks, playgrounds etc.
VEHICLES
A. Vehicle Size, Capacity and Availability
All vehicles used in the collection and transportation of solid waste, recyclable materials and all
other materials to be collected pursuant to this Contract within the Town limits will be of sufficient
ll
size and capacity to operate efficiently. A sufficient number of vehicles will be supplied by the
Contractor to collect the solid waste, recyclable materials and other materials in accordance with
the terms of this Contract. The Contractor shall have available standby equipment located within a
twenty-five (25) mile radius of the Town. Each vehicle shall be equipped with a two-way radio. All
equipment used shall be fully operational and none shall be older than six (6) years old during any
portion of this Contract, or its extensions. All trucks shall be equipped with brooms and shovels
for clean-up, as needed. Bodoes of trucks for white goods to be State body type with lift
mechanism.
B. Vehicle Type
Bodies for the trucks to be used in this Contract for solid waste collection shall be an enclosed
Packer Type. The trucks used for pick-up of recyclable materials shall have the capacity to
automatically load wheeled carts. The bodies shall be watertight, readily cleanable and sanitary,
and capable of being unloaded by dumping or automatic push-out means. The body will be
mounted so that when fully loaded, the axle loading will fall within the maximum load limit per
axle as allowed by State law and municipal code.
‘C. Identifying Markings on Vehicles
The trucks and bodies will be painted with such color or colors as may be designated by the
Contractor. The Town and the Contractor shall agree on a manner for identifying and marking all
vehicles used in the performance of this agreement, so that identifying materials are visible.
D. Maintenance and Repair of Vehicles and Equipment
The Contractor will make adequate provisions for maintenance and prompt repair of his vehicles
and equipment. All vehicles and equipment used for collection and transportation pursuant to this
Contract will be thoroughly cleaned both inside and outside, at least once each week, and sprayed
with deodorizing and disinfecting material as may be deemed proper by the Director.
E. Contractor Facilities
All vehicles and equipment and facilities used by the Contractor will be subject to inspection for
sanitation, safety, appearance, and adequacy and the reasonable of approval the Director at any
time during the Contract term.
F, Vehicle Checks
The Contractor, at the discretion and direction of the Director of Public Works, may be required to
check-in each vehicle, including recyclable trucks, at the Department at or after 7:00 A.M. for the
Town to inspect that the vehicle is empty upon the start of the collection routes. If any vehicles
used in performing this contract is used for the hauling of waste for any entity other than the Town
or as authorized under this contract, then the Town shall be so notified. If that occurs, the vehicle
shall be emptied, cleaned and inspected before starting collection in the Town. The Contractor
may be required to check-in each vehicle at the Department garage before leaving the Town for the
12
disposal facility to allow the Town to inspect the loaded condition (and weigh the vehicle at the
Town's option) of the vehicle as it, exits the Town.
G. Vehicle Rear Gates
All vehicles shall have their rear gates closed at all times within the Town's limits, except when
being loaded, and shall be open only while actually necessary. Lids of collection vehicles shall
remain closed between stops and all waste shall be securely placed in collection vehicles before
leaving the Town.
H. Breach of Contract
When collection work has been completed, the Contractor shall immediately transport all trucks
containing solid waste out of the Town. Use of vehicles to pick up trash from generators not
subject to this contract during pick-up under this contract is expressly prohibited and shall
constitute a material breach of this contract.
I. Condition of Vehicles
Contractor must keep his apparatus at all times in a condition satisfactory to the Director.
Whenever so directed, Contractor shall be required to present his vehicles and all other equipment
used pursuant to this Contract at such times and places as may be designated by the Director for
the purpose of inspection.
J. Use of Global Positioning System -
Contractor agrees that in the event the Town wished to utilize a global positioning system (GPS),
the Contractor would permit the Town or an authorized agent to place a GPS tracking device on
trucks used to pick up solid waste and recyclable materials. The installation and use of any GPS
system would be at the Town’s sole expense.
INSURANCE AND WORKMEN'S COMPENSATION
Prior to commencing the Work, the Contractor shall obtain Workmen’s Compensation Insurance,
Comprehensive General Liability and Property Damage Insurance coverage in the amounts set out
below. A certificate from the Contractor's insurance carrier showing at least the coverage and
limits of liability specified herein and the expiration date shall be filed with the Town before Work
commences. Such certificates shall not merely name the types of policy provided, but shall
specifically refer to these specifications and shall state that such insurance is as required by these
specifications,
All insurance carried shall be with insurance companies qualified to do business in the
Commonwealth of Massachusetts, shall be not less than the amounts and kinds designated herein,
and shall in no way limit the liability of the Contractor to the amounts and kinds of insurance
designated herein. All policies shall indemnify and save harmless the Town, it officers, agents and
employees from any and all claims for damages to persons or property as may arise out of the
performance of this Contract.
13
a. Workmen's Compensation in accordance with the laws of the Commonwealth of
Massachusetts, for all Contractor's employees to be engaged in the Work: statutory amounts.
d. Comprehensive General Liability covering bodily injury, including accidental death:
$1,000,000 for any one person, $1,000,000 on account of one occurrence, and $5,000,000
aggregate limit.
c. Comprehensive General Liability covering property damage: $1,000,000 on account of
one occurrence and $5,000,000 aggregate limit.
d. Automobile Liability (owned, hired, and non-owned vehicles) covering bodily injury,
including accidental death: $1,000,000 for any one person and $5,000,000 for each
occurrence.
€. Automobile Liability (owned, hired, and non-owned vehicles) covering Property
Damage: $1,000,000 on account of one occurrence and $5,000,000.00 aggregate limit.
All policies shall be so written that the will be notified of cancellation or restrictive amendment at
least thirty (30) days prior to the effective date of such cancellation or amendment.
The Contractor must submit to the Town ‘copies of all insurance policies, Any renewal insurance
certificates shall be delivered to the Town at least thirty (30) days prior to expiration of the
insurance certificate(s). Failure to deliver the renewal certificate shall be cause to either cancel the
Contract or withhold payments to be made hereunder.
Upon executing the contract, and within 10 days of any renewal, the Contractor shall furnish the
Town with certificates of insurance in corresponding insurarice policies. Said policies shall be at
the expense of the Contractor and shall identify the Town as an additional insured on all policies
and state that bankruptcy or insolvency of the insured shall not relieve the insurer of its obligations
under the policy.
No insurance shall be secured from an insurer which: (a) is not licensed to transact the business of
insurance in Massachusetts (b) is not authorized to provide insurance as an excess or surplus lines
insurer in Massachusetts and does not have a current Best's rating of "A" or better; or (c) is not a
tisk retention group lawfully providing insurance to its members in Massachusetts.
PROTECTION OF HEALTH AND SAFETY
In order to protect the lives and health of his employees under this Contract, the Contractor shall
comply with all applicable Federal, State and Local laws and regulations, including without
limitation the United States Department of Labor Occupational Safety and Health Act and all
amendments thereto, and shall maintain an accurate record of all cases of death, occupational
disease, and injury requiring medical attention or causing loss of time from Work, arising out of
and in the course of employment on the Work under this Contract. The Contractor alone shall be
responsible for the safety, efficiency, and adequacy of his trucks, equipment, plant, appliances, and
methods, and for any damage which may result from their failure or improper construction,
maintenance, or operation.
FORCE MAJEURE
4
10.
A. If any event occurs which delays or will delay performance required by this Contract, which
event was beyond the control and without the fault of Contractor, including his agents and
subcontractors, and which event could not have been prevented or avoided by the exercise of due
care, foresight, or due diligence on the part of the Contractor, including his agents and
subcontractors, the Contractor shall immediately notify the Town of the delay, the cause of the
delay and the steps or measures to be taken to prevent or minimize the delay, including a timetable
by which the Contractor intends to implement such steps or measures- Upon receiving the approval
of the Town, the Contractor shall implement such steps or measures as are approved by the Town
to avoid or minimize any delay. Nothing in this paragraph shall excuse any noncompliance by the
Contractor with the provisions of this Contract.
B. If the Contractor notifies the Town of the occurrence of an event which delays or will delay
performance established by this Contract, and if the Contractor otherwise complies with the
requirements of section A above, and if the Town determines that the delay has been or will be
caused by circumstances beyond the control and without the fault of the Contractor, including his
agents and subcontractors, and can not or could not have been overcome by the exercise of due
diligence, due care or foresight, the Town shall extend the time for performance hereunder for a
period of time equal to the length of the delay.
C. Unanticipated or increased costs or expenses associated with the implementation of the actions
required under this Contract or changed financial circumstances shall not, for the performance of
the actions required by this Contract, be considered beyond the control and without the fault of the
Contractor.
D. If delays are caused by a strike of the Contractors employees, the Contractor shall diligently
and in good faith take all action necessary in order for him to resume operations including
temporary restraining orders, preliminary or permanent injunctions needed to resume operation.
The Contractor shall during any such period keep the Town duly notified of all such actions and
shall allow the Town to participate and intervene where permissible in all such actions, if the Town
so desires.
PAYMENT; ACCEPTANCE OF FINAL PAYMENT CONSTITUTES RELEASE OF THE
TOWN.
A. The Town agrees to pay and the Contractor agrees to accept the annual Contract amount to be
paid monthly in accordance with the rates specified below and in the Final Proposal, as full
compensation for performing and completing the Work contemplated in this Contract, including
specifically the services set forth in Section 3 above. This Contract amount includes any and all
Federal social security and manufactures excises, State unemployment, sales, use and income taxes
imposed in connection with all of the labor performed and services, materials and equipment
furnished under this Contract.
The annual payments to the Contractor for the collection of white goods, light iron goods, and
CRT’s will be adjusted on a pro rata basis, based on the following payment schedule:
Items with Freon Other items
Year 1 $30.00 per item $ 20.00 per item
Year 2 $30.00 per item $ 20.00 per item
11.
Year 3 $30.00 per item $ 20.00 per item
B. The Town may keep any monies which would otherwise be payable at any time hereunder and
apply the same, or as much as may be deemed necessary therefore, to the payment of any expenses,
including any expense directly or indirectly resulting to the Town in connection with the faithful
performance of the Contract, losses or damages incurred by the Town and determined aforesaid and
may retain until all the claims are settled so much of such monies as the Department of Public
Works shall be of the opinion will be required to settle all claims against the Town, it's officers,
agents or servants. Any monies kept hereunder shall be deemed not due and payable to the
Contractor until final disposition of any such expenses, losses, damages or claims referred to
herein.
C.. So long as the Contractor shall faithfully do everything required of him by this Contract, the
Town shall pay the Contractor each month the monthly portion of the yearly contract sum as stated
herein, after deducting from the total amount thereof the amount of any claim, expenses, or loss
that the Director may deem proper to retain as provided aforesaid.
D. The Town will make payments to the Contractor only, regardless of the fact that the
Contractor employs one or more subcontractors. It shall be the Contractor's sole responsibility to
determine the amount of payment due to his subcontractors.
E. The acceptance by the Contractor of final payment shall be and shall operate as a release to the
Town of all claims and all liability to the Contractor for all things done or furnished in connection
with the Work and for every act and neglect of the Town and others relating to or arising out of this
Work. No payment, final or otherwise, shall operate to release the Contractor or his Sureties from
any obligations under this Contract or the Performance Bond.
F. A Final Estimate shall be provided by the Contractor, to be certified by the Director as to its
conformity with all provisions of the Contract. Such Final Estimate shall be certified by the
Contractor to the effect that all just and lawful bills against the Contractor for labor, materials, and
expendable equipment covered by the estimate have been paid in full, and that the amount stated as
due the Contractor for payment is full compensation for all Work done under the terms of the
Contract, including orders for Extra Work, and for all damages, losses and expense incurred by the
Contractor in doing the Work, and that the Contractor waives ail rights to claim or receive any
further compensation in addition to that provided in the Final Estimate.
G. Neither the final certificate of payment nor any provision in the Contract shall constitute an
acceptance by the Town of work not done in accordance with the Contract or shall relieve the
Contractor of liability in respect to any express or implied warranties or other responsibility for
faulty materials or workmanship.
LIQUIDATED DAMAGES AND OTHER RECOURSE
A. The Town will notify the Contractor of each complaint or violation of the Contract. It will be
the duty of the Contractor to take whatever steps may be necessary to remedy the cause of the
complaint or violation.
B. Failure to remedy the cause of the complaint will be considered a breach of the Contract. It is
agreed that the Town may deduct the following amounts as liquidated damages from payments due
16
or to become due the Contractor, which liquidated damages shall be in addition to any other
remedy or damages the Town may be entitled to under this Contract or under any applicable
provision of law. Contractor acknowledges and agrees that the liquidated damages provided herein
are not penalties but represent a fair measure of damages which will be sustained by the Town in
the event Contractor defaults in any of the following specified obligations:
1.
10.
11.
12.
13.
14.
15.
Fifty Dollars ($50.00) for each failure to immediately pick-up solid waste or recyclable
materials spilled during collection.
Five Hundred Dollars ($500.00) for each failure to pick up solid waste or recyclable materials
spilled by the Contractor during a haul inside or outside the Town.
Twenty Five Dollars ($25.00) for each residential container substantially damaged due to the
willful or negligent mishandling by the Contractor.
Twenty Five Dollars ($25.00) for each failure to properly replace containers upon emptying.
One Hundred Dollars ($100.00) for each occurrence of operating during prohibited hours or
prohibited days of operation without the prior authorization of the Director or his designee.
Fifty Dollar ($50.00) for each occurrence of failing to clean vehicles as provided for herein.
If the Town receives five or more calls in one day for missed pick-ups, the Contractor shall be
fined $25.00 for each missed pick-up after the first five. The Contractor shall be fined $50.00 if it
fails to pick up the same location on more than three (3) separate occasions.
Failure to collect solid waste, recyclables or other items on an entire street block or a majority
of an etire street block: There shall be a fine of $100 per block for first occurrence, $250 per
block for second occurrence, and $500 per block for third occurrence.
Failure to leave a rejection notice on material that is unacceptable: $25.00 per occurrence
Continued violation of traffic laws, ordinances or regulations during the collection and haul,
after written notice to correct from TOWN: $250.00 per occurrence
Failure by the CONTRACTOR to receive and reply to any complaints prior to workday
following day of complaints: $100.00 per occurrence.
Use of unmarked or uninspected collection vehicles: $500.00 per occurrence.
Use of a collection vehicle for collection and/or haul of recyclable materials or waste other
than under the provisions of the Contract: $5000.00 for first occurrence, $10,000 for second
occurrence, termination of contract thereafter.
Improper disposal of recyclables or solid waste: $500.00 per occurrence.
Failure to finish a route in the specified time unless in agreement with TOWN: $1,000 per
route day
7
12,
16, Failure to clean dumpsters: $50.00 per dumpster
C. If the Contractor fails to supply sufficient equipment and manpower to collect solid waste and
recyclable materials each day, then the Contractor is required to provide additional equipment.
D. Ifthe Contractor fails to collect the solid waste on schedule without prior authorization from
the Director, then the Director may elect without prior notice to engage another contractor to
perform the obligations of the Contractor or may elect to conduct collection by any means, and all
costs incurred thereby will be deducted from this Contract sum.
E. In the event the Contractor has excessive equipment breakdowns or labor disputes or other
causes delay the collection of solid waste or recyclable materials for any reason, including acts of
God, then the Town may elect, after twenty-four (24) hours, to engage another contractor or use any
means to complete collection and all costs incurred may be deducted from this Contract without
prior notice.
F. In the event the Contractor does not maintain all aspects of legal operations, as required by all
governmental agencies, and a violation prévents the Contractor from timely performance under the
terms and conditions of the Contract for twenty-four (24) hours or more, then the Town may,
without prior notice, engage another Contractor, or elect to conduct collection by any means, and
the costs will be deducted from said Contract sum. In the event the Contractor fails to perform for
any reason beyond said twenty-four (24) hours, the Town will notify the Contractor's Surety of said
default. The Surety will then have to elect within twenty-four (24) hours to make arrangements to
engage an outside Contractor, pay the Town weekly all costs incurred by the Town to perform on
behalf of the Surety, or both.
G. The Contractor without reservation must perform timely and must legally deliver all solid
waste and recyclable materials to approved facilities. Any solid waste rejected from a disposal
facility for any reason shall not be returned to the Town and will remain the property of the
Contractor until delivery at an appropriate facility.
DEFAULT; TOWN'S RIGHT TO TERMINATE; DAMAGES
The Contractor agrees that the Town may, at its election, terminate this Contract by giving written
notice thereof to the Contractor and specifying the effective date of such notice, if at any time
during the term of this contract the Director of Public Works determines: (a) that the Contractor is
performing the Work, or any part thereof, negligently or incompetently, (b) that the Contractor is
unable to the satisfaction of the Director to perform the Work, or is not complying with the
direction of the Director or with the regulations or orders of the Board of Health; (c) that the
Contractor is otherwise failing to perform this Contract in accordance with all its terms and
provisions; (d) that the Contractor is guilty of any malfeasance or misfeasance in performance of
this Contract; (e) that the Contractor has been adjudged a bankrupt; (f) that the Contractor has
made a general assignment for the benefit of creditors; (g) that a receiver has been appointed on
account of the Contractor's insolvency; (h) that the Contractor persistently or repeatedly refuses, or
fails, except in cases for which extension of time is provided, to supply enough property skilled
workmen or proper materials or equipment; (i) that the Contractor fails to make prompt payments
to subcontractors, or for material or labor, or (j) for other just cause. Thereupon, upon the date so
specified, this Contract shall terminate, but such termination shall not prejudice or waive any
18
13.
14.
rights, claims or actions which the Town may have against the Contractor because of any default
or failure in performance of this Contract, or violations of law, or for any other reason.
Thereupon, the Contractor shall discontinue Work, and the Town may, by contract or otherwise as
it may determine, complete the Work, or such part thereof, and charge the entire expense of so
completing the Work or part thereof to the Contractor. The right is reserved to the Town, at all
times, to call upon Contractors Surety to complete such Work.
In addition to all other damages to which the Town may be entitled, the Contractor shall be liable
to the Town for any amount which it may be required to pay after termination for labor and
equipment during the remainder of the period covered by this Contract over and above the amount
that would have been paid to the Contractor for the performance of the Work during said period.
The Contractor agrees that said amount may be deducted from the retainage to be held by the
Town as security for such costs in the event of termination for improper performance by the
Contractor, and that the Contractor, upon demand will promptly pay to the Town any excess of
said amount over said retained amounts. Any amount not deducted from said retainage under this
section will be returned to the Contractor within thirty (30) days after the expiration date of this
Contract.
RETAINAGE FOR CLAIMS
The Town may, after the final completion of the Work, retain out of the moneys due to the
Contractor under this Contract such sum of money as may, in the judgment of the Director, be
required to cover the payment of claims arising and made payable by the Contractor under the
provisions of the Contract but remaining unsatisfied. The balance of the sum thus retained shall be
paid to the Contractor at the expiration of six months after the end of the Contract.
SUSPENSION OF WORK; ABANDONMENT OF WORK
Should the Work be prevented or enjoined from proceeding either before or after the start of
performance of this Contract by reason of any litigation or other reason beyond the control of the
Town, the Contractor shall not be entitled to make or assert any claim for damage by reason
thereof.
The Town may notify the Contractor by a written order (with a copy mailed to the home office of
the Surety) to discontinue all Work, or any part thereof, if: (a) the Work to be done under this
Contract or any part thereof shall be abandoned; (b) this Contract or any part thereof shall be
sublet without the previous written consent of the Owner; (c) the Contract or any claim thereunder
shall be assigned by the Contractor otherwise than as herein specified; (d) at any time the Director
shall be of the opinion, and shall so certify in writing, that the conditions herein specified as to the
rate of progress are not fulfilled, or that the Work or part thereof is unnecessarily or unreasonably
delayed, or that the Contractor has violated any of the provisions of this Contract, or (e) for any
other just cause. Thereupon, the Contractor shall discontinue such Work or such part thereof as the
Town may designate, and the Town may, by contract or otherwise as it may determine, complete
the Work, or such part thereof, and charge the entire expense of so completing the Work or part
thereof to the Contractor. The right is reserved to the Town, at all times, to call upon Contractor's
Surety p complete such Work.
19
15.
16.
17,
18,
All expenses charged under this provision shall be deducted and paid by the Town out of any
moneys then due or to become due to the Contractor under this Contract, or any part thereof. In
such accounting, the Town shall not be held to obtain the lowest figures for the Work of
completing the Contract or any part thereof or for insuring its proper completion, but all sums
actually paid therefore shall be charged to the Contractor. In case the expenses so charged are less
than the sum which would have been completed by the Contractor, the Contractor shall be entitled
to receive the difference, and in case such expenses shall exceed the said sum, the Contractor shall
pay the amount of the excess to the Town.
CLAIMS FOR EXTRA WORK
No claim for Extra Work or cost shall be allowed unless the same was done in pursuance of a
written order of the Director approved by the Town, as aforesaid, and claim presented with the first
estimate after the Extra Work is done. The Contractor shall furnish satisfactory bills, payrolls and
vouchers covering all items of cost and, when requested by the Town, shall give the Town access
to accounts relating thereto.
SUBCONTRACTING OR ASSIGNMENT OF CONTRACT
The Contractor shall give his direct attention constantly to the faithful prosecution of the Work,
shall keep the same under his direct control. The Contractor shall not assign or subcontract the
Work, or any part thereof, without the previous written consent of the Director, subject to all
requirements of the Contract, including without limitation, the insurance requirements. The
Contractor shall not either legally or equitably assign any of the moneys payable under this
Contract, or any claim thereon, without the previous written consent of the Director. The
Contractor shall be responsible for the acts and omissions of his subcontractors, if any, and of all
persons directly or indirectly employed by him or them in connection with the Work.
PERFORMANCE BOND AND GUARANTEE
The Contractor shall furnish a Performance Bond in the penal sum of one hundred per cent (100%)
of the annual Contract sum. The bond shall be from a bonding company licensed by the
Massachusetts Division of Insurance, renewed at the option of the bonding company with sixty
(60) written days notice to the Town.
The Contractor must submit to the Town and original of the Performance Bond. Any renewal bond
shall be delivered to the Town at least thirty (30) days prior to expiration of the existing bond.
Failure to deliver the renewal bond shall be cause to either cancel the Contract or withhold
payments to be made hereunder.
DAMAGES, SUITS AND CLAIMS; INDEMNIFICATION
No officer, official, agent or employee of the Town shall be held personally responsible for any
liability arising under the Contract. The Contractor shall indemnify, defend and hold harmless the
Town of Winthrop, its Town Manager and Town Council, its Department of Public Works, and all
of its and their officers, agents and employees, against all suits, claims or liability of every name
and nature and from all claims for things which the Contractor is required to furnish under this
Contract and for or on account of any injuries to persons or damage to property or nuisances or
trespasses, and specifically including death and consequential damages, arising out of or in
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consequence of the acts or omissions of the Contractor, its agents, employees and subcontractors in
the performance of the Work covered by this Contract or failure to comply with the terms and
conditions of the Contract, whether by the Contractor or his agents, employees, or subcontractors,
and whether or not such claims, demands, suits, or proceedings are just, unjust, groundless, false or
fraudulent; and the Contractor shall and does hereby assume and agrees to pay for the defense of
all such claims, demands, suits and proceedings.
The Contractor shall compensate the Town for all damages to Town property of any nature arising
out of the Contractor Work. The Contractor agrees to hold the Surety and the Town hammless from
all and any claims, liens, demands or bills for labor and/or materials furnished or delivered in the
performance of this Contract, and agrees to indemnify the Surety and the Town against all loss,
damage or cost, legal or otherwise, ensuing from the same.
The Contractor also shall be responsible for paying any fines assessed to the Town for the
Contractor's failure to provide required services.
REPRESENTATIONS
A. Representations of the Town:
The Town makes the following representations as the basis for the undertakings on the part of the
Contractor under this Agreement:
1. The Town is a municipal corporation and political subdivision of the Commonwealth, duly
created and existing under and pursuant to the Constitution and laws of the Commonwealth.
2. The Town has full power and legal authority to enter into this Agreement, to carry out the
transactions contemplated by this Agreement, and to perform its obligations in accordance with
the terms of this Agreement.
3. The Town makes no representation or guarantee as to the quantity of solid waste or recyclable
materials that may be accepted.
4. The Town has not entered into any agreement with any other person or party regarding
services that may be provided by the Contractor in accordance with this Agreement.
B. Representations of the Contractor
The Contractor makes the following representations as the basis for the undertakings on the part of
the Town under this Agreement:
1, The Contractor is a corporation duly organized, validly existing and in good standing under the
Jaws of the Commonwealth of Massachusetts, and is in the business of providing solid waste
services;
2. The Contractor has the authority and legal capaity to enter into this Agreement and perform its
obligations hereunder in accordance with the terms of this Agreement.
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3. The execution, delivery and performance by the Contractor of this Agreement and transactions
contemplated thereby are within its corporate powers, have been duly authorized by all
necessary corporate and other action and do not and will not:
a. violate any provision of its incorporation papers or by-laws, as amended to date or of any
securities issued by the Contractor;
b. constitute or result, in a breach of, default under, or conflict with any statute or other law,
or any order, judgment, award, decree, regulation, ruling or requirement of any court, other
tribunal, arbitration, or governmental or administrative authority, commission or agency,
or any indenture, agreement, lease, instrument or other undertaking to which the
Contractor or its associates, affiliates or related entities, is a party of by which it or its
property or assets may be bound or affected.
4. This agreement constitutes a legal, valid and binding obligation of the Contractor, and shall be
enforceable in accordance with its terms.
5. The Contractor agrees that it is an independent agent, and not an employce of the Town for any
purpose.
MISCELLANEOUS
A. Notices
Any notice, demand, approval, proposal, protest, direction or request provided or in this Agreement
to be delivered, given or made shall be in writing except as otherwise explicitly provided herein and
shall be deemed given when delivered by hand, deposited with an overnight courier service or
mailed by registered or certified mail, postage prepaid, return receipt requested, and addressed as
follows:
If to the TOWN:
Town of Winthrop
Chief Procurement Officer
Town Hall
1 Metcalf Square
Winthrop, MA 02152
and
Town of Winthrop
Director of Public Works
100 Kennedy Road
Winthrop, MA 02152
If to Contractor:
Capitol Waste Services, Inc.
President
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1222 Bennington Street
Winthrop, MA 02152
Each party may change the address to which notices shall be sent by filing written notice thereof
with the other party.
B. Applicable Law
This Agreement shall be construed in accordance with the laws of the Commonwealth of
Massachusetts. Each of the parties, to the extent that it may lawfully do so, hereby consents to the
jurisdiction of the courts of the Commonwealth and the United States District Court for the District
of Massachusetts, as well as to the jurisdiction of all courts from which an appeal may be taken
from such courts, for the purposes of any suit, action or other proceeding arising out of any of its
obligations arising hereunder or with respect to the transactions contemplated hereby, and
expressly waives any and all objections which it may have as to the venue in any such courts.
C. Discrepancies, Errors. And Omissions
The provisions of this Contract are intended to be explanatory of the Work to be done and of each
other, but should any discrepancies or errors appear or arly omissions be made, they shall be called
to the attention of the Director and shall be subject to his correction and interpretation, thereby
defining and fulfilling the intent of this Contract.
D. Provisions Required By Law Deemed Inserted
Each and every provision of law and clause required by law to be inserted in this Contract shall be
deemed to be inserted herein and the Contract shall be read and enforced as though it were included
herein, and if through mistake or otherwise any such provision is not inserted, or is not correctly
inserted, then upon the application of either party, the Contract shall be forthwith physically
amended to make such insertion or correction.
E. ‘Severability
If any provision of this Agreement is held invalid or unenforceable, such provision shall be
modified consistent with the original intent of the parties so as to be enforceable and the remainder
of the Agreement shall : remain in full force and effect.
If any section, paragraph, clause or provision of this Agreement shall be finally adjudicated by a
court of competent jurisdiction to be invalid, the remainder of this Agreement shall be unaffected
by such adjudication and all of the remaining provisions of this Agreement shall remain in full
force and effect as though such section, paragraph, clause or provision, or any part thereof
adjudicated to be invalid had not been included herein, unless such remaining provisions, standing
alone, are incomplete and incapable of being executed in accordance with the intent of. the parties
to this Agreement.
Any provision of this Agreement which is prohibited, unenforceable or not authorized in any
jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition,
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enforceability or non-authorization without invalidating the remaining provisions hereof or
affecting the validity, enforceability or legality of such provision m any other jurisdiction.
F. Amendment of Agreement
This Agreement may not be amended except in writing executed in the same manner as the
Agreement itself and delivered by the parties hereto. It is contemplated by both parties that
amendment of this Agreement may be necessary during the term of this Agreement.
G. Beneficiaries
The parties intend that there shall not be any third party beneficiaries to this Agreement.
H. Interpretation and Rules of Construction.
References herein to articles and paragraph numbers shall refer to articles and paragraphs in this
Agreement unless reference to another document is clearly stated and shall be solely for
convenience of reference and shall not affect the meaning or the construction, interpretation or
effect of this Agreement. The words “herein, "hereby," and "hereof and such general terms of
reference as may be utilized in this Agreement shall refer and pertain to this Agreement as a whole,
including any exhibits, attachments, schedules or annexed material forming part of this Agreement
‘and referenced in it. All exhibits attached hereto are incorporated herein by reference but to the
extent of an conflict between an exhibit and the Agreement, the terms of this Agreement shall
govern. The singular of any term defined in this Agreement shall encompass the plural, and the
plural the singular, unless the context clearly indicates otherwise.
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