RFP-2021 ELONGMEADOW.MUNICIPAL.SOLID.WASTE.AND.RECYCLING.SERVICES 4.21.21.pdf

REQUEST FOR PROPOSAL

MUNICIPAL SOLID WASTE AND RECYCLING SERVICES

TOWN OF EAST LONGMEADOW

MASSACHUSETTS

April, 2021

LEGAL NOTICE:

MUNICIPAL SOLID WASTE AND RECYCLING SERVICES

Town of East Longmeadow, Massachusetts

The Town of East Longmeadow, acting by and through its Town Manager will accept proposals from qualified parties to provide municipal solid waste and recycling services.

Proposal documents are available from the Town of East Longmeadow Finance Department, Attn: Stephen Lonergan, 60 Center Square, East Longmeadow, MA 01106 (phone: 413-525-5400 x 1801) during regular business hours (Monday-Friday: 8:00am- 4:30pm).

Proposals must be delivered to the East Longmeadow Town Manager’s office no later than 11:00 a.m. on June 2, 2021, the Proposal Deadline. Late proposals will be rejected. Proposal submissions shall be submitted in an outer envelope labeled ‘RFP: SOLID WASTE & RECYCLING SERVICES’. The proposal submission shall consist of five (5) copies of a sealed Technical Proposal labeled ‘RFP: SOLID WASTE & RECYCLING, TECHNICAL PROPOSAL’. Please include one thumb drive with an electronic version of the technical proposal. The envelope containing the price proposal shall be labeled ‘RFP: SOLID WASTE & RECYCLING, PRICE PROPOSAL’. There will be a public logging of proposals received immediately following the proposal deadline in the Town Manager Conference Room at 60 Center Square, East Longmeadow, Ma. The content of all proposals will be considered confidential until the contract has been negotiated and awarded.

A bid deposit shall be included with the technical proposal payable to the Town of East Longmeadow in the amount of thirty thousand dollars ($30,000). The bid deposit shall be in the form of a bid bond, certified check, treasurer’s or cashier’s check. Minimum wage rates as determined by the Commissioner of Department of Workforce Development under the provisions of the Massachusetts General Laws, chapter 149, Sections 26 to 27F, as amended, apply to this contract. Upon Contract Award, a 100% performance bond in the full amount of the contract price for the first year will be required of the successful proposer and a similar bond for each subsequent year will be due on the anniversary date of the contract.

Per Massachusetts General Laws, Chapter 30B, §1(b)(30), a contract for the collection, transportation, receipt, processing, or disposal of solid waste, recyclable or compostable materials, is exempt from the public bid laws of the Commonwealth of Massachusetts. Nothing in this RFP shall require that the Town take the lowest price proposal. Instead, the Town reserves the right to base its decision on the entirety of the information provided, the evaluation of criteria requested, and the sole judgment of the Town as to the best service to be provided. Because this service is exempt from the bidding laws, the Town is free to negotiate price and terms with whatever firms it chooses, in whatever manner it believes is best suited to the Town’s needs. All firms responding to this Request for Proposals must clearly understand that this is not a formal bid process pursuant to the legalities of Massachusetts General Law, Chapter 30B. The Town of East Longmeadow is using this format in order for all interested firms to provide a proposal so that a direct comparison can be made between all proposals.

The Town of East Longmeadow acting through the Town Manager the Awarding Authority, reserves the right to reject any or all proposals, waive minor informalities, and to award contracts in the best interest of the Town.

INDEX

Legal Notice …………………………………..…………………………..……………. 2

Request for Proposal

General……………………………………………………………..……………………. 5

Procedure for submission of Proposal……………………………………………….….. 6

Evaluation Process ……………………………………………………………………… 8

Contract Award … ………………………………..…………..…………..…………….. 9

Specifications for collection of solid waste and recyclable waste

1. General Information …...…………………………………………………………… 11

2. Definitions ……………...…………………………………………………………….11

3. Material to be collected………………………………………..…………………….. 13

4. Containers……….………………………………………………..……….…………. 14

5. Collection ……….………….…………………………..…………………………… 15

6. General Provisions ………………………………………………………………

7. Collection Vehicles.….…….………………………..………………………………. 18

8. Fuel Adjustment…..……….……………..………………………………………….. 19

9. Employees……….………..……………….………………………………………… 20

10. Disposal sites and tipping fees …………………………..…………………………. 21

11. Quality of Work ………………...…………………………………………………….22

12. Protection of the Town ……………………….………..…………………………… 22

13. Force Majeure and changes in law…………..………..…..………………………… 28

Appendices

I. Prevailing wages..……………………………………………………………………… 29

II. Municipal Collection Site details …………..………………………………………….. 32

III. Fuel adjustment Examples …….………….…………………………………………… 33

IV. Example Sorry Sticker ……….….………………………………………………………34

V. Schedule of Holidays..……………..…………..……………………….….……………..35

VI. Current Collection Routes …………..…..…………………………………….…………36

VII. Price proposal submission forms.……..………..……………………………………….. 41

VIII. Technical Proposal Submission forms….….…...………………………….……………. 48

IX. Contractor Qualification questionnaire…..…….…………………………..…………… 51

X. Sample Standard Contract…………………………………………………………………55

Towns of East Longmeadow, Massachusetts

GENERAL:

The Town of East Longmeadow, acting by and through its Town Manager, will accept proposals from qualified parties for providing the following town-wide services: curbside solid waste collection; curbside recyclable material collection; collection and transportation of solid waste and recyclables from schools and municipal buildings, transportation of certain wastes from the Recycling and Yard Waste Center (optional), and curbside collection of white goods, bulky items and cathode ray tubes (CRTs) (optional).

Per Massachusetts General Laws, Chapter 30B, §1(b)(30), a contract for the collection, transportation, receipt, processing, or disposal of solid waste, recyclable or compostable materials, is exempt from the public bidding laws of the Commonwealth of Massachusetts. Nothing in this Request for Proposals (RFP) requires that the Town select the lowest price proposal. Instead, the Town reserves the right to base its decision on the entirety of the information provided, the evaluation of criteria requested, and its sole judgment as to the best service to be provided. Because this service is exempt from the bidding laws, the Town is free to negotiate price and terms with whatever firms it chooses, in whatever manner it believes is best suited to the Town’s needs. All firms responding to this RFP must clearly understand that this is not a formal bid process pursuant to Massachusetts

General Law, Chapter 30B. The Town of East Longmeadow is using this format in order for all interested firms to provide a proposal so that direct comparison can be made between all proposals.

The contract shall be for a period of five (5) years with an effective date of July 1, 2022, and will conclude at the end of the day June 30, 2027. If at any time the Town fails to appropriate sufficient funds for performance of the

Town's obligations under the contract, the obligations of the parties under the contract shall terminate as to any period of time for which sufficient funds have not been appropriated.

East Longmeadow’s contract for disposal of trash and recycled goods may expire during the expected term of this contract. If the site for disposal, or any other terms of either trash or recycled goods disposal contract, changes as a result of a new contract, the parties will agree to renegotiate terms of this contract in good faith which may be affected.

The Town of East Longmeadow acting through the Town Manager, the Awarding Authority, reserves the right to reject any or all proposals, waive minor informalities, and to award a contract in the best interest of the Town.

PROCEDURE FOR SUBMISSION OF PROPOSAL

Receipt of Proposal Documents:

Proposal documents are available from the Town of East Longmeadow Finance Department, Attn: Stephen Lonergan, 60 Center Square, East Longmeadow, MA 01028 (phone: 413-525-5400 x 1801) during regular business hours (Monday-Friday: 8:00am- 4:00pm).

Proposal Submission:

Proposals must be delivered to the East Longmeadow’s Town Manager no later than 11:00 a.m. on June 2, 2021, the Proposal Deadline. Late proposals will be rejected. Proposal submissions shall be submitted in an outer envelope labeled ‘RFP: SOLID WASTE & RECYCLING SERVICES’. The proposal submission shall consist of five (5) copies of a sealed Technical Proposal labeled ‘RFP: SOLID WASTE & RECYCLING, TECHNICAL PROPOSAL’. Please include one thumb drive with an electronic version of the technical proposal.

The envelope containing the price proposal shall be labeled ‘RFP: SOLID WASTE & RECYCLING, PRICE PROPOSAL’. There will be a public logging of proposals received immediately following the proposal deadline in the Town Manager’s Conference Room of the same building. The content of all proposals will be considered confidential until the contract has been negotiated and awarded.

In the event that the Town Manager of the Town of East Longmeadow, declares that municipal offices are closed on the date of a proposal deadline due to unforeseen circumstances such as weather, storm, fire, natural disaster, etc., then the proposal deadline will be extended to the same time on the next regular business day for which the East Longmeadow Town Manager’s office is open for business (Monday through Friday).

Questions: All questions or comments must be submitted in writing to Elizabeth Bone of the East Longmeadow Health Department by email: elizabeth.bone@eastlongmeadowma.gov. Questions must be received no later than 11 a.m. on May 24, 2021. Questions received after the deadline for questions will not be answered. All addenda will be posted no later than 2 calendar days prior to the proposal deadline. Failure of any contractor to receive any such addendum or interpretation shall not relieve such contractor from any obligation under its proposal as submitted. Any binding response that alters the content of this Request for Proposal will be in the form of an addendum issued by the Town. All addenda issued shall become a part of the contract documents.

Proposal Content:

The Proposal must contain the following:

Technical Proposal- Must contain five (5) printed copies of the Technical Proposal, plus one thumb drive electronic copy which shall be provided in a sealed envelope labeled: ‘RFP: SOLID WASTE & RECYCLING, TECHNICAL PROPOSAL’. The Technical Proposal shall contain:

1. A bid deposit payable to the Town of East Longmeadow in the amount of $30,000

2. The completed Technical Proposal Submission Forms (Appendix VIII)

3. Contractor Qualification and Program Description Questionnaire (Appendix IX)

4. Evidence of Insurance

Failure to complete the Non-Collusion Certificate portion of Appendix VIII will result in rejection of the bid.

A bid deposit shall be supplied with the technical proposal payable to the Town of East Longmeadow in the amount of $30,000. The bid deposit shall be supplied in the form of a bid bond, certified check, treasurer’s check or cashier’s check.

Price Proposal- The Price Proposal shall be supplied in a separate envelope which shall be labeled

RFP: SOLID WASTE & RECYCLING, PRICE PROPOSAL’. The sealed Price Proposal envelope shall contain:

1. Two (2) signed copies of the Price Proposal Forms (see Appendix VII)

2. Evidence of ability to obtain a 100% Performance Bond

3. Bank Reference

4. Financial statements for prior 2 years

Nothing in this RFP requires that the Municipality take the lowest price proposal. Instead, the Town reserves the right to base its decision on the entirety of the information provided, the evaluation of criteria requested, and their sole judgment as to the best service to be provided.

Proposals shall be submitted on the forms provided or copies thereof and must be signed by the Contractor or their authorized representative. The person signing the proposal shall initial any corrections to entries made on proposal forms.

Proposals are to be made for each of the following types of collections:

Option #1: Weekly collection and transportation of solid waste and dual stream recyclables from residential customers. Solid waste material will be delivered to Community Eco Partners (CEP) Inc. on Route 5 in

Agawam and recyclable materials will be delivered to the Springfield MRF on Birnie Avenue in Springfield.

The Town’s mandatory waste reduction program sets a limit of one 35-gallon Town of East Longmeadow cart, not to exceed 50 lbs. per household per week, plus any special Town approved Pay-as-you-Throw (PAYT) bags purchased by the residents. There is no limit to the quantity of material that may be recycled.

Option #2: Collection and transportation of solid waste and recyclables from Schools and Municipal Buildings.

Solid waste material is to be delivered directly to Community Eco Partners Inc. on Route 5 in Agawam and recyclable materials is to be delivered directly to the Springfield MRF on Birnie Avenue in Springfield. Toter service at these sites will be collected with the curbside material according to the approved curbside collection calendar.

In addition, the hauler may commingle trash and any recyclables in dumpsters (such as cardboard) with their commercial trash and recycling collections. The town and the hauler will agree on per cubic yard or ton conversion factor which represents the CY/ton in an average weekly or daily pick up of each of the commodities. This conversion is used as the factor with which to compensate the town at both CEP (for trash) and the Springfield MRF (for recyclables) collected previously from town buildings on the hauler’s commercial routes. This process allows the town to fulfill its contractual obligations to both CEP and the MRF as well as get credit for all recycling. It also allows the Town to adjust costs if there are reduced pickups at any time during the life of this contract. Further it allows the hauler to maximize their routes and minimize time.

Option #3: State availability of collection and processing of white goods, bulky items, and cathode ray tubes

(CRTs) via direct arrangement (scheduling pick up and payment) between the Contractor and the residents.

EVALUATION PROCESS:

Technical Proposals will be evaluated and scored. Following the completion of the Technical Proposal scoring, Price Proposals will be evaluated and scored. The Town desires the lowest cost consistent with good performance and service and compliance with federal, state and local laws, rules and regulations. These proposals are not governed under Massachusetts General Laws Chapter 30B, and as such, the Town reserves the right to negotiate pricing and terms after the proposals have been received.

Consideration and acceptance of all proposals shall be based on the ability of the contractor to meet the specifications set forth in the terms, conditions, and specifications of this RFP and contract documents.

The Town, in considering each Proposal shall, prior to any determination and a subsequent award, investigate and evaluate the CONTRACTOR using the following criteria:

● Price;

● Prior experience in contracts of similar scope;

● Completeness of the Proposal;

● Ability to provide customer satisfaction;

● Quality of the services proposed;

● Evaluation of the professional qualifications of the Contract Manager;

● Proposed equipment used;

● References from similar municipalities;

● Financial strength; and

● Estimated total cost to the Towns including the disposal cost for projected tonnage, using reasonable judgment.

The Town shall have the right to reject any and all proposals, or parts thereof, or items therein, and to waive any defect or irregularities as to form, therein. Nothing in this RFP shall require that the Town accept the lowest price proposal. Instead, the Town reserves the right to base their decision on the entirety of the information provided and their sole judgment as to the best service provided.

Successful contractors must be prepared to comply in all respects with the contract provisions regarding the

Town’s Supplemental Equal Employment Opportunity (EEO), Anti-discrimination and Affirmative Action

Program. No proposals shall be withdrawn within ninety (90) days after the opening thereof. The Town shall have the time as indicated (expected thirty days) in which to investigate and evaluate the proposals. The proposals will be ranked according to the criteria specified above. The Town will then enter into negotiations with the highest ranked proposer. In the event that there is a price discrepancy in the price proposal, the written words shall prevail.

CONTRACT AWARD

Contract:

The contract shall be for a period of five (5) years with an effective date of July 1, 2022, and will conclude at the end of the day June 30, 2027. If at any time the Town fails to appropriate sufficient funds for performance of the

Town's obligations under the contract, the obligations of the parties under the contract shall terminate as to any period of time for which sufficient funds have not been appropriated. The successful proposer will be required to complete a Town Contract. Refer to Appendix X which contains a sample contract containing standard terms and conditions. The contract will be updated to contain negotiated specifications. The standard specifications of the standard contract should be reviewed and taken into consideration when preparing the Technical Proposal and

Price Proposal.

Prevailing Wage:

Minimum wage rates as determined by the Commissioner of Department of Workforce Development under the provisions of the Massachusetts General Laws, Chapter 149, Sections 26 to 27H, as amended, apply to this service. A contract award will require the Contractor to do reporting and provide payment of prevailing wage rates to applicable employees rendering service under this contract. A copy of the prevailing wages applicable to this bid is Appendix I, Wage Request Number: 20210415-019

Performance Bond:

Upon Contract Award, a 100% Performance bond in the full amount of the contract price for the first year will be required of the successful bidder for each contract award. The successful bidder shall furnish to the Town, within ten (10) working days after the date of the postmark on the written notice of intent to award the contract, a properly executed Performance Bond. The Contractor will be responsible for renewing the Performance Bond for each year of the contract. There will be no additional compensation for the successful contractor to secure the annual required 100% performance bond. Failure of the Contractor to deliver a Bond within ten days shall constitute grounds for the Town to declare the Bid Deposit forfeited, but the Town may, in its sole discretion, extend such time period.

Insurance:

The Contractor shall be responsible to the Town or any third party for any property damage or bodily injury caused by it, any of its pre-approved subcontractors, employees or agents in the performance of, or as a result of, the work under this Agreement. The Contractor hereby certifies it is insured for workers compensation, property damage, and personal and product liability. The Contractor and any subcontractor it uses shall purchase, furnish copies of, and maintain in full force and effect insurance policies in the amounts here indicated.

General Liability Bodily Injury Liability: $1,000,000 per occurrence

Property Damage Liability $1,000,000 per occurrence

(Or combined single limit) $1,000,000 per occurrence

Automobile Liability Bodily Injury Liability: $1,000,000 per occurrence

Property Damage Liability $1,000,000 per occurrence

(or combined single limit) $1,000,000 per occurrence

Workers’ Compensation Insurance

Coverage for all employees in accordance with Massachusetts General Laws.

Prior to commencement of any work under this Agreement, the Contractor shall provide the Town with

Certificates of Insurance which include the Town as an additional named insured and which include a thirty day notice of cancellation to the Town.

SPECIFICATIONS FOR

COLLECTION OF SOLID WASTE AND RECYCLABLE WASTE

East Longmeadow, MASSACHUSETTS

1. GENERAL INFORMATION:

The Town of East Longmeadow, acting through the office of the Town Manager, is requesting proposals for the collection and removal of solid waste and recyclable materials from all residences and specifically designated non-residential locations within the Town. The Town is seeking proposals that reflect an efficient and cost effective way to handle our solid waste and recyclable material that would minimize or reduce waste and increase recycling. We are also looking to consider proposals that serve to regionalize this service in an attempt to minimize the cost of collection.

1.1 The Contractor shall provide for the collection of municipal solid waste and dual stream recyclable material from all residential units, municipal and school facilities within the Town and service of containers at the

Recycling and Yard Waste Center (optional), in compliance with all applicable laws, as determined by the Town

Council.

1.2 Historical Information:

In 2008 the Town adopted a “waste reduction program” that limits each household to one container for trash (a

Town of East Longmeadow 35-gallon cart) not to exceed 50 pounds per week plus any Town approved pay-as-you-throw (PAYT) bags purchased by the residents. There is no limit to the quantity of material that may be recycled. It is the Contractor’s responsibility to respect and enforce this program.

1.2.1 The Town of East Longmeadow is a residential community with about 5687 households and about 13 municipal buildings and 1 seasonal municipal building that qualify for collections under these specifications. East

Longmeadow is thirteen square miles with 110 miles of road.

The best available estimate of annual weight of materials collected from the residential and municipal buildings is an average of 4043 tons of regular solid waste, 1492 tons of recycling.

2. DEFINITIONS

The following definitions shall apply to terms found within this document:

AWARDING AUTHORITY: The awarding authority for the Town of East Longmeadow is the Town Manager or her designee.

BULKY ITEMS: These are items too large to fit into a trash bag or barrel and include large chairs, sofas and similar old or discarded furniture.

CONTRACTOR: The company or corporation receiving the contract for Municipal Solid Waste and Recycling Services with the Town of East Longmeadow.

DISPOSAL FACILITY: A solid waste depository including but not limited to sanitary landfills, transfer stations, waste to energy facility 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 Town for processing or final disposal.

DUAL STREAM: A method of collecting recyclables such that paper and cardboard materials are collected separately from bottles and cans.

ENFORCEMENT: The process by which the Contractor assures that the terms of the Town’s waste reduction program are met. Enforcement includes the Contractor refusing to remove more trash than permitted under the waste reduction program

(one Town of East Longmeadow 35-gallon cart per week with the lid closed and overflow PAYT bags) and leaving

“SORRY” notes when containers/items are refused.

FORCE MAJEURE: French for "superior force", a description of extraordinary circumstances beyond the control of the parties, such as a war, riot, or act of God that would prevent either or both parties from fulfilling their liability or obligation under a contract. See Section 13.1 for the definition applicable to this contract.

HAZARDOUS WASTE: Any hazardous, toxic or radioactive substances, as such terms are defined by applicable laws or regulations.

HOLIDAY: The term "holiday" when used in connection with days of collection, shall include Sundays in addition to the holidays listed in Appendix V of this Contract.

HOUSEHOLD: A single-family residence or a single residential unit within a single or multi-family complex (4 units or less).

INCLEMENT WEATHER DELAY: Shall be determined jointly by the Program Administrator and the Contractor and the holiday schedule will be implemented.

MANDATORY RECYCLING REGULATION: The requirement that all participants in the town’s residential solid waste collection program separate recyclable material such as paper and cardboard and bottles and cans from household trash for collection.

MUNICIPAL COLLECTION PROGRAM: Program that collects solid waste and recyclable materials from residents, municipal buildings, and schools.

MUNICIPAL FACILITIES: The schools and municipal buildings as listed in Appendix II.

MUNICIPAL SOLID WASTE (MSW): Useless, unwanted or discarded solid or liquid material, as per 310 CMR 19.006.

The term "liquid" refers to the incidental liquids residents discard in their trash receptacles.

PROCESSING FACILITY: The facility where the recyclable material described in this Contract shall be taken by the

Contractor for processing and marketing.

PROGRAM ADMINISTRATOR (PA): For the Town of East Longmeadow, the term Program Administrator (PA) shall refer to the Health Dept, 60 Center Square, East Longmeadow, MA 01028.

RECYCLABLE MATERIAL: Material that has the potential to be recycled and which is not commingled with non-recyclable solid waste or contaminated by significant amounts of toxic substances as per 310 CMR 19.006.

RECYCLING FACILITY: A facility that processes recyclable materials such as the Springfield Materials Recycling

Facility or MRF.

REFUSE / RUBBISH / TRASH: Municipal Solid Waste, not including recyclable material.

RESIDENTIAL CUSTOMERS: Households that utilize municipal curbside collection.

SCHOOLS: The schools and school administration offices listed in Appendix II.

SINGLE FAMILY RESIDENCES: One, two, three, and four family homes. It does not include attached structures with more than four dwelling units.

TIPPING FEE: A fee paid per ton for the disposal of MSW or recyclable materials.

TITLE: Title to any Hazardous Waste, Unacceptable Waste and rejected Recyclable Material shall remain with Town.

TOWN: The Town of East Longmeadow.

TOWN ADMINISTRATOR: The Town Manager.

UNACCEPTABLE WASTE: All hazardous waste, commercial refuse, construction debris, ashes from heating plants, wood and coal stoves, stones rocks, automobile tires, waste oils, pesticides and sewage wastes and all materials banned for disposal in accordance with MassDEP regulation 310 CMR 19.017 (see Section 6.9).

WASTE REDUCTION PROGRAM / WASTE REDUCTION GUIDELINES: A program that creates a financial incentive to reduce trash. For the Town of East Longmeadow this program reduces the amount of trash allowed for disposal per household per week to one Town owned 35-gallon cart. Excess trash may be placed in Town approved PAYT bags purchased by the residents.

WHITE GOODS: Appliances such as air conditioners, compactors, clothes dryers, dehumidifiers, dishwashers, freezers, gas or electric ovens and ranges, microwave ovens, refrigerators, stoves, water coolers, water heaters and washing machines.

3. MATERIALS TO BE COLLECTED

3.1 Solid Waste Collection: The Contractor shall provide for the weekly collection of municipal solid waste from all households as well as collections from schools and municipal buildings, by an agreed upon schedule in compliance with all applicable State and Local laws, regulations and waste bans.

3.2 Excluded materials: The solid waste collection Contractor shall not pick up as part of the residential solid waste stream the following:

● Banned Waste Materials as specified by MassDEP 310 CMR 19.107.

● Construction and building materials including asphalt, brick, concrete, cement and gravel, or metal.

Small quantities of construction debris may be included as part of the waste reduction program’s allowable amount of trash each week, but not in addition.

● Leaf and yard waste, sod, landscaping, tree debris and tree stumps.

● Automobile parts, or batteries, engines, doors, body pieces, etc.

● Cathode Ray Tubes (CRT’s) – TV’s, computer monitors

● Visible recyclables, cardboard, paper, plastic containers and materials

● Appliances, White Goods or Freon containing products

● Hazardous Waste Products

● Mattresses

This contract does not include the collection of any refuse or solid waste left by building contractors or any building renovation or repair work and does not include the collection of any waste generated outside the Town.

3.3 Recyclable Materials Collection: The Contractor shall provide for the weekly dual stream collection of recyclable materials from all residential dwellings, inclusive of eligible multi-families, (as described within the

Contract) and municipal facilities within East Longmeadow, in compliance with all applicable State and local laws, regulations and waste bans.

Recyclable Materials to be collected shall include, as a minimum:

Commingled containers

Glass bottles and jars of all colors

Aluminum, tin/steel cans and lids and aluminum foil products

Milk and Juice cartons (tent top), drink boxes

Plastic bottles, jars and tubs

Mixed Paper Newspapers, advertisement inserts, magazines, telephone books, paperback books, books (hard cover removed), catalogues, junk mail, clean pizza boxes, white/colored office paper, brown paper bags, boxboard & corrugated cardboard.

4. CONTAINERS

4.1 Solid waste containers shall be furnished by the Town of East Longmeadow and will be a 35-gallon Town of

East Longmeadow wheeled cart, which when loaded is not to exceed a weight of fifty (50) pounds. Town approved Pay As You Throw (PAYT) green bags, available at local retail stores, shall be used for any overflow/extra trash above and beyond the 35-gallon cart limit.

4.2 Recyclable Material Containers: The Program Administrators have provided recyclable material containers

(recycling bins) to each household residence to use for recyclable material. In the event that a recycling bin is not available, an alternate bin or barrel may be substituted provided it is clearly marked as a recyclable material container with a “RECYCLING” sticker affixed to it designating it as a container holding recyclables. A container with material to be recycled shall not exceed 40 lbs. in weight.

4.3 Paper and cardboard may be left at the curb line or tree belt for recycling and placed in a recycling bin or barrel or cardboard boxes. An alternate container may be substituted for the recycling bin providing it is clearly marked as a recyclable material container with a “RECYCLING” sticker affixed to it designating it as a container holding recyclables. A container with material to be recycled shall not exceed 40 lbs. in weight. All cardboard shall be flattened into a size no larger than 2’ x 2’ in size.

4.4 Containers must be put out by the resident to the curb line or tree belt area by 7:00 A.M. on the day of the collection.

4.5 The Contractor shall provide dumpsters and wheeled recycling carts for municipal facilities and schools as described in Appendix II. As necessary, the Contractor shall adjust the number and/or size of containers at any given site to accommodate solid waste and recyclable materials.

4.5.1 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.

4.5.2 The Contractor shall provide dumpsters for the collection of corrugated cardboard at each of the schools and municipal facilities, as indicated in Appendix II.

4.5.3 All Contractor owned containers shall be kept in a neat, clean, and relatively odor-free condition.

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 Town. All containers are to be deodorized upon request.

4.5.4 The Contractor may place the company logo on Contractor-supplied containers.

5. COLLECTION

5.1 Residential Collection: The Contractor shall provide weekly collection of solid waste as defined in our waste reduction guidelines and weekly collection of dual stream recycling on the same day as solid waste. Recyclable materials will be collected in a dual stream on a schedule determined by the Program Administrator with paper products and commingled containers collected on alternate weeks.

5.2 Municipal Site Collection: In consideration for Proposal Option #2, the Contractor shall provide collection of solid waste and recyclable materials from Municipal Facilities and Schools as listed in Appendix II.

5.2.1 Collection from Schools shall be made at a time determined in agreement with the school administration.

In no event shall collection occur within one-half hour of arrival or dismissal time. No collection from

Municipal Facilities shall occur before 7:00 am or after 6:00 pm without prior approval of the Program

Administrator.

5.2.2 Any municipal solid waste or recyclable materials within a three-foot distance of the refuse container shall be considered refuse to be collected.

5.2.3 The Contractor will take adequate precautions to protect all property (buildings, shrubs, lawn, pavement, vehicles, or other items or areas that are within school and municipal property boundaries) from any damage and will be responsible for any such damage caused as a result of this service.

5.3 Collection Routes: Collection routes shall be established by the Contractor and approved by the Program

Administrator. The Contractor shall submit proposed revisions to the maps of the collection routes to the Program

Administrator for approval. The maps submitted shall include, or shall be accompanied by, a written statement describing each daily collection route: the route number, the day of the week serviced, the start point, the street sequence and the end point.

There shall be no changes in the collection route or schedule after the start of this contract without prior written approval of the Program Administrator. Any deviation from routes and schedules made by the Contractor must receive prior approval of the Program Administrator. Printed and electronic copies of route maps must be provided to the Program Administrator at least one month prior to the beginning of this contract.

Throughout the life of the contract, the Contractor is expected to service households in more or less the same order each 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 Program Administrator.

5.4 The hours of collection will be from 7:00 A.M. until 6:00 P.M. and no work shall be performed on Sunday.

No modification from these times of operation shall be permitted without the prior permission of the Program

Administrator. When a regular collection service date shall fall on a holiday, the collection schedule will be shifted one day with Friday collection on Saturday.

5.5 The Contractor shall pick up only one (1) Town of East Longmeadow 35-gallon cart (no greater than 50 lbs.

in weight) per household per week. All additional trash for pick-up must be in Town approved pay-as-you-throw (PAYT) bags. A “SORRY” sticker (See Appendix IV) shall be applied to any trash left for pick-up that exceeds the one 35-gallon container size that is not in an approved PAYT bag. Excess material not properly bagged, shall not be collected by the Contractor. The Program Administrator will inform the Contractor in advance of any pick-up weeks where this PAYT requirement is suspended by action of the Health Department.

5.6 All contents of Municipal Solid Waste and recyclable material containers shall be removed. Containers shall be replaced upright in their original location.

5.7 Weather: Ordinary snow and rain shall not be cause for omissions of the collection of Municipal Solid

Waste and/or recyclable material in accordance with the provisions of the Contract. Collections may be omitted only under the most extreme, adverse weather conditions such as blanketing snowstorms, ice storms, hurricanes and the like (see Section 13: Force Majeure), and then only with prior approval of the Program Administrator.

Any schedule delay shall be communicated by the Contractor to the Program Administrator immediately following the decision to implement a delay.

6. GENERAL PROVISIONS

6.1 The Program Administrator has approved schedule routes for weekly collection as is presently being implemented. Presently, East Longmeadow is divided into 5 sections so that the entire town is collected in one week. If the Contractor wishes to alter the presently established routes for the collection of waste and/or recyclables as described in Section 3, a request must be submitted in writing to the Program Administrator for approval. A copy of the presently established routes for collection is included with these specifications as

Appendix VI.

6.2 The Contractor shall carefully handle and thoroughly empty all containers. Emptied containers shall not be placed by the Contractor in such a manner as to block driveways, in front of mailboxes or on paved portions of roadways. Empty trash containers shall be left in an upright position in the approximate place where found.

Containers shall not be bent, thrown or otherwise abused. Under no circumstances are waste carts to be thrown or allowed to roll out into the street. Any type of container found in a rack, cart, or enclosure of any kind shall be returned upright to it with covers placed on the container. Empty recycling containers shall be left upside down in the approximate place where found with any covers or lids placed on the ground next to the container.

6.3 Materials collected under the terms of the contract shall be deposited and removed in collection equipment approved as set forth in Section 7.

6.4 The Contractor shall agree to furnish and provide his own labor, all his own equipment and other items necessary to collect and dispose of all material under the terms of the contract.

6.5 The Town of East Longmeadow has adopted a mandatory recycling ordinance. The Contractor will be required to give close supervision to his employees that are actually collecting the containers of waste to assure that visible recyclables have been separated and that the correct recyclable material for a particular week is being collected. Containers with un-separated materials or incorrect recycled materials for that week are to be left and a written “SORRY” notice shall be left explaining why materials were not accepted. The notice left for rejected materials shall be provided by the Contractor as approved by the Program Administrator

6.6 Under no circumstance shall the Contractor commingle recyclable materials intended for recycling with solid waste.

6.7 There will be no limit to the amount of recyclable materials collected from the curbside from residential units and municipal facilities.

6.8 The Contractor must be able to lift containers (toters, dumpsters, etc.) that are utilized at all Municipal

Facilities.

6.9 The Contractor shall comply with any and all directions that may from time to time be given by the Program

Administrator regarding changes in routing, order of collections, type and care of vehicles and equipment and such matters as the Program Administrator may deem advisable for the improvement of the solid waste or recyclable materials collection.

6.10 All customer complaints shall be resolved within a reasonable time. The Contractor shall supply the

Program Administrator with copies of all complaints on a form approved by the Program Administrator, indicating the disposition of each such complaint. The form shall show the day and hour on which the complaint was received, the nature of the complaint and who initiated the complaint as well as the day and hour and manner in which it was resolved.

7. COLLECTION VEHICLES

7.1 The Contractor shall be responsible to provide, maintain and repair all vehicles and equipment necessary to safely, adequately, efficiently and effectively perform the obligations of this contract.

Upon execution of this contract and every year thereafter, and upon the addition or deletion of any vehicle and/or equipment, the Contractor shall provide the Program Administrator with a complete list of all equipment to be utilized by the Contractor to provide the services included in this contract. The list shall document, at a minimum:

• Vehicle identification number • Registration number

• Make, Model and Year • Date of purchase or initial lease

• Primary or backup • Years in service

• Payload capacity

All collection vehicles shall be adequately insured in accordance with the requirements detailed on page 10.

7.2 All equipment is to meet established Massachusetts and Federal truck safety requirements as well as requirements for noise and air pollution (emission) levels.

7.3 The Program Administrator reserves the right to inspect and pass on the acceptability of any piece of equipment that the Program Administrator has reason to question regarding its serviceability.

7.4 The successful proposer will be required to have a sufficient number of vehicles dedicated to the exclusive use of the Town. If the successful proposer owns other collection vehicles that operate in the vicinity of or within the Town as a commercial collector, a system of distinguishable identification for each dedicated vehicle will be required as determined by the Program Administrator.

7.5 Litter prevention and spill clean up: The Contractor shall equip, operate and maintain all vehicles and equipment in a manner to prevent any uncontrolled or unintentional release of any contents, including but not limited to blowing or spillage. If, at any time during collection and transport, solid waste or recycled materials are spilled onto a street, sidewalk, or private property, the Contractor shall clean up and place in the collection vehicle all solid waste before the vehicle proceeds to the next stop on the collection route or shall promptly make all other necessary arrangements for the immediate clean up of spilled solid waste or recycled materials.

7.6 Vehicle signage: All collection vehicles shall clearly display a sign on both sides of the vehicle that state:

the name of the Contractor, the toll free contact telephone number, the town that is being served, and a unique truck number. The lettering of these signs shall be no less than 6 inches high.

7.7 Vehicle Tracking: The Town shall have the right to equip any collection vehicle with GPS or other position or route tracking electronic system. The Town shall bear all costs of any tracking device, which shall remain the property of the Town.

7.8 The Contractor shall notify the Program Administrator within 30 minutes of any accident involving injury or damage to private or public property.

7.9 During the hours of collection, the Contractor shall maintain a telephone line whereby the public may contact the Contractor’s office toll free from the town regarding collection complaints. Furthermore, the dispatcher receiving these complaints shall have direct communications with all vehicles performing collection activities so that complaints can be resolved in a timely manner. After the normal collection hours, the

Contractor shall maintain a service to take complaints and provide information to the public regarding collection delays and other problems associated with collection. An answering machine can be used provided that the notifications to the public are updated and responses to complaints are handled in a timely manner.

8. FUEL ADJUSTMENT

During the life of this contract, so long as vehicles are fueled by gasoline or diesel, payments may be made to reflect changes in the price of the fuel.

8.1 Frequency of adjustments: Fuel based contract payment adjustments are to be made semi-annually effective on January 1 and July 1 during the contract term. 8.2 Price and usage bases:

8.2.1 The price for all fuel adjustments will be determined from the monthly diesel fuel price reported by the

Massachusetts Department of Transportation (Mass DOT) on the fuel price adjustment pages of their website:

http://www.massdot.state.ma.us/highway/DoingBusinessWithUs/Construction/PriceAdjustments.aspx

8.2.2 Fuel based payment adjustments are to be based on the increase or decrease of fuel cost from the base price. However, no such fuel adjustment will be made either up or down when the six month average price per the Mass DOT falls within a twenty five cent ($0.25) margin above or below the established baseline cost.

When the average price exceeds the twenty five cent margin either above or below the base price, the payment adjustment will only be based on the difference per gallon in excess of the twenty five cent margin.

8.2.3 The baseline price will be the average of the previous year for diesel fuel as reported on the Mass DOT website. The Base Price established by the Town that will be utilized for the entire contract for fuel adjustment is $3.28 per gallon.

8.2.4 The Contractor shall report to the Program Administrator the actual fuel usage for the waste collection and recycle collection vehicles for each of the months of August, September, and October, 2022. The average of these three months’ usage shall be deemed to be the usage basis for the balance of this contract. Fuel used http://www.massdot.state.ma.us/highway/DoingBusinessWithUs/Construction/PriceAdjustments.aspx for vehicle transportation from garage facilities into the town shall not be included in this usage determination.

The Program Administrator shall have the right to audit the fuel usage claim.

8.3 Payment Adjustments: Payments will be made to retroactively reflect fuel prices during each six month period that this contract is in effect. Beginning on January 1, 2023 (for the fuel adjustment period of July 1, 2022-December 31, 2023), and on each July 1st and January 1st thereafter, (or within two weeks of when the prior month’s fuel price is posted on the Mass DOT website) the parties will calculate a payment adjustment for the prior six month period. Any payment adjustment will be reflected in the next monthly payment to the

Contractor assuming the invoice is timely submitted.

8.4 Payment Formulation: A payment adjustment will be made semi-annually (every six months) to reflect any change in fuel cost. The amount of payment adjustment will be calculated by multiplying the volume of fuel used during the six month period (as established in section 8.2.4) by the amount that the average of the reported price of diesel fuel for the prior six months (as reported by the Mass DOT website) exceeds a twenty-five cent margin above or below the base price. Appendix III details this fuel adjustment calculation. Monthly route miles utilized for the service will be reviewed by the Recycling Coordinator and then established and approved between the Contractor and the Town Manager during the first 3 months following the contract commencement date. Once the Town Manager approves the monthly route miles to be utilized in the fuel adjustment formula, the authorized monthly route miles will be utilized in calculating the semi-annual fuel adjustment (The first semi-annual fuel adjustment review of the fiscal year will be: July 1, 2022- December 30, 2022, The second fuel adjustment period will be January 1, 2023-June 30, 2023).

9. EMPLOYEES

9.1 All employees of the Contractor must have a minimum of ten (10) hours of relevant OSHA training. The

Contractor shall maintain training records as required by state and federal laws.

9.2 All vehicle drivers shall be trained regarding the collection routes they are to follow in the Town prior to their first working shift as a vehicle driver.

9.3 Employees must wear a shirt at all times while working within the Town. The use of brightly colored safety vests is required if the shirt is not a bright safety colored garment.

9.4 The driver of the collection truck shall travel all roads and streets in accordance with all traffic regulations.

9.5 All Contractor personnel must maintain a courteous and respectful attitude toward the public at all times. At no time shall they solicit or request gratuities of any kind. Any employee of the Contractor who engages in misconduct or is incompetent or negligent in the proper performance of duties or is disorderly, dishonest, intoxicated, or discourteous, shall be removed from service under this Agreement by the Contractor. The

Contractor shall not again employ that employee within the Municipality without the consent of the Program

Administrator.

10. DISPOSAL SITE AND TIPPING FEES

10.1 The Town will assume all Tipping Fees associated with the disposal of Municipal Solid Waste collected under section 3.1. Any remuneration for recyclable materials collected under section 3.3 will be made by the

Recycling Facility to the Town.

10.2 All Municipal Solid Waste collected under section 3.1 shall be transported to the following locations during the period of the contract, unless otherwise specified by the Program Administrator.

Community Eco Power

Route 5

Agawam, MA

The normal hours of operation for Covanta Energy shall be from 7:00 A.M. until 6:00 P.M. Monday through

Friday and from 7:00 A.M. until 3:00 P.M. on Saturdays. Should this facility be closed (for maintenance, etc.), wastes will be diverted to an alternate location as required by Covanta Energy.

10.3 All recyclable material collected under section 3.3, including recyclables collected from municipal facilities

(Section 5.2) shall be transported during all years of the contract to the following location, unless otherwise…