Loading...
HomeMy WebLinkAboutContract #: 1032 - From: 11-17-2017 To: 04-30-2020 - Lighting Landscape - Town of North Andoverc�� TOWN OF NORTH ANDOVER CONTRACT (GOODS / SERVICES:) CONTRACT#.� DATE: _ //- /') a 0/') This Contract is entered into on, or as of, this date by and between the Town of North. Andover (the "Town"), and. Contractor: Address: W Telephone Number: Zl;�Qo. 4'11S_- Fax Number: 0 3 o 13S This is a Contract for the procurement of the following.- Snow ollowing: Snow plowing and snow removal services for no more than a three-year period beg nnin.g:from the date of contract execution through April 30, 2020 2, The Contract price to be paid to the Contractor by the Town of North Andover is: Per the hourly rates as -established (see,_attachment) 3. Payment will be made as fol:lows:. Within thirty (30) days of receipt of invoice and -approval of invoice 4. Definitions 4.1 Acceptance:All Contracts require proper acceptance of the described goods or services by the Town of North Andover. Proper acceptance shall be understood to include inspection of. goods ;and certification of acceptable performance for services by authorized representatives of the Town to. insure that the goods or services are complete and are as specified in the Contract Snow Plowing and Snow Removal Services (rev October 2017) Page 11 4,2 Contract Documents: All documents relative to the Contract including (where used) Invitation'to Bid, Request for Proposals, Instructions to Bidders/Proposers; Proposal Form, General Conditions, Supplementary General Conditions, General. Specifications, Other Specifications included in Project Manual, Drawings; and all Addenda issued during the bidding period. or proposal. The Contract documents are complementary, and what is called for by any one shall be as binding as if called for by all. The intention of the document is to include all labor and materials, equipment. and transportation necessary for the proper performance of the Contract. 4.3 The'Contraetor: The "other ,party" to any Contract with the Town. This term shall (as the sense and particular Contract so require) include Vendor, Contractor,. Engineer, or other label used to identify the other party in the particular Contract. Use ofthe term "Contractor" shall be understood to refer to any other such.label used. The Contractor's relationship to the Town is that of an independent contractor and not that 'of an agent or employee of the Town. 4.4 Date of Substantial Performance: The date when the work is sufficiently complete, the :services are performed, or the goods delivered, in accordance with Contract documents, as; modified by approved Amendments and Change Orders. 4.5 Goods: Goods, Supplies or Materials. 4:6 Sub=Contractor: Those having a direct Contract with the Contractor. The term includes. one who furnished material worked to a special design according to the Drawings or Specifications of this" work, but does not include 'one who merely furnishes material not so worked. 4.7 Work The services or materials contracted for, or both. 4.7 GPS: Global Positioning SYS tern and/or related equipment including charger and accessories used for tracking contracted. vehicles and/or,equipment.. 5. Tenn of Contract and. Time for Performance This Contract shall be fiilly performed by the Contractor in accordance with the provisions of the Contract. Documents on or before April 30, 2020; unless extended pursuant to :a provision for extension contained in the Contract documents at the sole discretion of the Town, and not subject to assent by the Contractor, and .subject to the :availability and appropriation. of funds as certified by the Town. Accountant. The :.time limits stated in the Contract documents are of the essence of the Contract. 6. Subject to. Appropriation. Notwithstanding anything in the Contract documents to the contrary; any .and all payments. which the Town is required to make under this Contract shall be subject to appropriation or. other availability of funds as certified by the Town. Accountant. The Torun may immediately Snow Plowing and Snow Removal Services (rev October 2017) Page 12 terminate or suspend this Agreement without liability on. -the part of the. Town for damages penalties or other charges in the event the,appropriation funding this Agreement is terminated or reduced to an amount which will be insufficient to support anticipated future obligations, under this Agreement. 7. Permits and Approvals Permits, Licenses, Approvals and all other legal or administrative prerequisites to its performance of the Contract shall be secured and paid for by the Contractor. 8. Termination and Default 8.1 Without Cause, The Town may terminate this,Contract at its sgie, discretion on seven (7) calendar days' notice when hen . in the best interests of the Town by providing notice to the Contractor, which shall be in writing and. shall be deemed delivered and received when given in person to the Contractor, or when received by fax, express mail, certified mail return receipt requested, regular mail postage prepaid or delivered by any other 'appropriate method evidencing actu...l receipt by the Contractor. Upon termination without cause, Contractor will be paid for services rendered to the date of termination. 8.2 For Cause. If the Contractor is determined by the Town to be in default of any term or condition of this Contract, the Town may terminate this Contract on seven (7) days' notice by providing notice to the Contractor, which shall be in -writing and shall be deemed delivered and received when given in person to the Contractor,, or when received by fax, express mail, certified mail return receipt requested, regular mail postage prepaid or delivered by any other appropriate method evidencing actual receipt by the Contractor. 8.3 Default. The following shall constitute events of a default. under the Contract: I ) any material misrepresentation made by the Contractor to the Town; 2) any failure lure ,to Perform any of its obligations under. this Contract including,.butnot, limited to the following: (i) failure to commence performance of this Contract at the time specified M*. this Contract due to a reason or circumstance within t I he Contractor's,, reasonable control, (ii) failure to perform this Contract with sufficient personnel and equipment or with sufficient matenal'to ensure the completion of this Contract within the specified time due to a reason or circumstance within the Contractor's reasonable control, (Iii) failure to perform this Contract, in a mariner reasonably, satisfactory to the Town, (iv) failure to promptly re-perfdrm within a reasonable time the services that Were rejected by the Town as unsatisfactory, or erroneous, (v), discontinuance of the services for reasons not, beyond 'the Contractor's reasonable control, (vi) failure to comply with a material term of this Contract including, but not limited to,, the provision, of insurance and non-discrimination, (vii) any other acts specifically and expressly stated in this Contract as constituting ing a basis for termination of this Contract, and (viii) failure to comply with any and all requirements of federal or state law and/or r'egulat . ions, and Town bylaws and/or regulations. Snow Plowing and Snow Removal Services (rev 6ctober 2.0 17) Page 13 9. The Contractor's Breach and the Town's Remedies Failure of the Contractor to comply with any of the terms or conditions of this Contract shall be deemed a material breach of this Contract, and the Town of North Andover shall have .all the rights, and remedies provided in the Contract documents, the right to cancel, terminate, or suspend the Contract in whole or in part, the right to maintain any and all actions at law or in equity or other proceedings with respect to a breach of this Contract, including damages and specific performance, and the right to select among the remedies available to it by all of the above. From any sums due to the Contractor for services, the Town may keep the whole or anypart of the amount for expenses, losses and damages incurred by the Town as a consequence of procuring services as 'a result of any failure, oimssion or mistake of' the Contractor in providing services as provided in this Contract. 10. Statutory Compliance 10.1 This Contract will be construed and governed by the provisions of applicable federal, state and local laws and regulations; and wherever any provision of the Contract or Contract, documents shall conflict with any 'provision or requirement of federal, state or local. law or regulation, then the provisions of law and regulation shall %control. Where applicable to the Contract, the provisions of the Massachusetts General Laws are incorporated by reference into this Contract; including, but not .limited to, the following: M.G.L. Chapter 30B — Procurement of Goods and Services. M.G.L. Chapter 30, Sec. 39, et seq:. - Public Works Contracts. M.G.L.. Chapter 149, Section 44A, et seq: Public Buildings Contracts. 10.2 Wherever applicable law mandates the inclusion of any term And provision into a municipal contract, then it shall be understood that this Agreement shall import such term or provision into this Contract. To whatever extent any provision of this Contract shall be inconsistent with any law or regulation limiting the power or liability of cities and towns, such law or regulation shall control: 10.3 The Contractor shall give all notices and comply with all laws and regulations bearing on "the performance of the Contract. If the Contractor perforins the Contract in violation of any applicable law or regulation, the Contractor shall bear all costs arising therefrom. 10.4 The Contractor shall keep itself fully informed of all existing and future State and National Laws and Municipal By-laws and Regulations and of all orders and decrees of any bodies or tribunals having jurisdiction in any manner affecting those engaged. or employed in the work, of the materials used in the work or in any way affecting the conduct of the. work. If any discrepancy or inconsistency is discovered in the Drawings, Specifications, Scope of Business or Contract for this work in violation of I Snow Plowing and Snow Removal Services (rev October 2017) Page ;14 any such law, by-law, regulation, order or decree, it shall forthwith report the same in writing to, the Town. It shall, at all times, itself observe :and comply with all such existing and future laws, by-laws, regulations, orders and decrees; and .shall protect and indemnify the Town of North Andover, and its duly.appointed agents against any claim or liability arising from or based on any violation whether by it or its, agents employees or subcontractors of any such .law, by-law, regulation or decree. 11. Conflict of Interest Both the Town and the Contractor acknowledge the provisions of the State Conflict of Interest Law (General Laws c268A), and this Contract expressiyprohibits any activity which" shall constitute: a,violation of that law. `The Contractor shall be deemed to have investigated the application of M.G.L. c268A to the performance of this Contract; and by executing the Contract documents the Contractor certifies to: the Town that neither it nor its agents, employees, or subcontractors are thereby in violation of General Laws Chapter 268A. 12. Certification of Tax Compliance This Contract must include a certification of tax compliance by the Contractor; as required by General Laws c62C,. Section 49A (Requirement of Tax Compliance by All. Contractors Providing Goods, Services, or Real Estate Space to the Commonwealth or Subdivision). 13. Affirmative Action; Non -Discrimination The Contractor will carry out the obligations of this Contract in full compliance with all of the requirements imposed by or pursuant to General Laws cl5lR (Law Against Discrimination) and any executive orders, rules, regulations;, and. ,requirements of the Commonwealth of Massachusetts as they may from time to time be amended. The Contractor shall comply with all federal and state laws, rules and regulations promoting fair employment practices or prohibiting employment discrimination and unfair labor practices and shall not discriminate in the hiring of any applicant' for employment nor shall any qualified employee be demoted, discharged or otherwise subject to discrimination in the :tenure, position, promotional opportunities, wages, benefits or terms and conditions of their employment because. of race, color, national origin, ancestry,age, sex, religion, disability,_ handicap, sexual orientation or for exercising any .rights afforded by law. 14. Condition of Enforceability Against the Town This Contract is only binding upon, and enforceable against, the 'Town if: (1) the Contract is signed by the Town Manager or its designee; and (2) endorsed with ,approval. by the Town Accountant as to appropriation or availability of funds; and (3) endorsed with approval by the Town Counsel as to form. 15. CgMorate Contractor Snow Plowing and Snow Removal Services (rev October 2:017) Page 15 If the Contractor is a: corporation, it shall endorse upon this Contract (or attach hereto) its> Clerk's Certificate or if a Limited Liability Corporation, a Manager's Certificate or other documentation satisfactory to the Town certifying the corporate capacity and authority of the party signing this Contract for the corporation. Such certificate shall be accompanied by a letter or other instrument stating that such authority .continues in full, force and effect as of the date the Contract.is executed by the Contractor. This Contract shall not be enforceable against the Town of North Andover unless and until the Contractor complies with this section. The Contractor, if a foreign corporation, shall comply with the provisions of the General Laws, 61.81, §3, and any Acts and Amendments thereof, and in addition thereto, relating to the appointment of the Commissioner of Corporations as its attorney, shall file with the Commissioner of Corporations a Power of Attorney and duly authenticated copies of its Charter or Certificate of Incorporation; and said Contractor shall comply with all the laws of the Commonwealth. 16 Liability of Public Officials To the full extent permitted by law, no official, employee, agent or representative of the Town of North Andover shall be individually or personally liable on any obligation of the Town under this Contract.. l7. Indemnification The Contractor shall indemnify; defend and save harmless the Town, the Town's officers, attorneys, agents and employees, from and against any and all damages, liabilities, actions, suits, proceedings, claims, demands, losses, costs, expenses, recoveries and judgments of every nature and description (including reasonable attorneys' fees) that may arise in whole or in part out of or in connection with the work being performed or to be performed, or out of any actor omission by the Contractor, its employees, agents, subcontractors; material men, and anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by any party indemnified hereunder. The Contractor further agrees to reimburse the Town for damage to, its property caused by the Contractor, its employees, agents, subcontractors or material men, and anyone directly or indirectly employed by any of thein or anyone for whose acts any of them maybe liable, including damages caused by his, its' or their use of faulty, defective, or unsuitable material or equipment, unless the damage is caused by the Town's gross negligence or willful misconduct. The existence of insurance "shall in no way limit. the scope of the Contractor's indemnification under this contract. 18. Workers Compensation Insurance The Contractor shall provide by insurance for the ;payment of compensation and the .famishing of other benefits under Chapter 152 of the General Laws of Massachusetts (The Worker's Compensation Act) to all employees of the Contractor who are subject to the provisions of Chapter 152 of the General Laws of Massachusetts. Snow Plowing and Snow.Removal Services (rev October 2017) Page 16 Failure to provide and continue in force such insurance during the period of this Contract shall be deemed a material breach of this Contract, shall operate as an -immediate -termination thereof; and the Contractor shall indemnify the Town for all losses, claims, and actions resulting from, the failure to provide the insurance required by this Article: The Contractor shall furnish to the Town evidence of such insurance prior to the execution of this Contract, in a form satisfactory to the Town before the same shall be binding on the parties thereto,, except if specifically waived by the Town. 18.1 The Contractor.farther understands and agrees that in rendering services to the town under this Contract that the Contractor is an independent contractor and not an employee of the Town, that the Contractor is not covered by the Town's Workers' Compensation, or liability insurance, that the Contractor shall not make any claim against the Town, :its officers, agents and employees and that the Contractor indemnifies, holds harmless, and releases the Town from any claims of the Contractor or of any other party, that may arise in whole or in part out of or Jp. connection with the. work being performed by the Contractor. 19. Documents Materials Etc Any materials, reports; information, data, etc. given to or prepared or assembled by the. Contractor under this Contract are to be kept confidential and shall not be made. available to. any individual or organization by the Contractor (except agents, servants, or employees of the Contractor) without the prior written approval of the Town, except as otherwise required bylaw. The Contractor shall comply with the provisions of Chapter 66 and Chapter 66A of the General Laws of Massachusetts as they. relates to public documents. and all other state and federal laws and regulations relating to confidentiality, security; privacy and use of confidential data. Any materials produced in whole or in part under this Contract shall not be subject to copyright, except by the Town, in the, United 'States :or any :other country.. The. Town shall have unrestricted authority to; without payment, of any royalty, commission, or additional fee of any type or nature, publicly disclose, reproduce, distribute and otherwise use, and authorize others to use, in whole or in part, any reports, data or other materials prepared under this Contract. All data, reports, programs,software, equipment, furnishings, and any other documentation or product paid for by the Town shall vest in. the Town. The Contractor shall at all times,. during or after termination of this Contract, obtain the prior written approval of the Town before making any statement bearing on the work performed or data collected tinder this Contract to the press, or issues any material for publication through any medium. 20. Confidentiality The Contractor shall. comply with. M.G.L.. c66A if the Contractor becomes a ``holder" .of "personal data". The Contractor shall also protect. the physical security and restrict any Snow Plowing and Snow Removal Services (rev October 2017) Page 17 access to personal or other Town data in the Contractor's possession, or used by the Contractor in the performance of this Contract, which shallinclude, but is not limited to the Town's public records, documents, files; software, equipment or systems. 21: Record -Keeping and Retention, Inspection of Records The Contractor shall maintain records; books, files and other data as specified in this Contract and in ;such detail as shall properly substantiate claims for payment under this Contract, for a minimun retention period of seven (7) years beginning on the first day'after the final payment under this Contract; or such longer period m is necessary for'the resolution of any litigation, claim,negotiation, audit or other inquiry involving this Contract. The Town shall have access dui ng,the Contractor's regular business hours and upon reasonable prior notice, to .such records, including on-site reviews and reproduction of such records at a reasonable expense, 22. Assignment.. The. Contractor shall not assign or delegate, in whole or in part or otherwise transfer any liability, responsibility, obligation, duty or ,interest under this Contract without thewritten approval of the Town,. 23. Subcontracting .By Contractor Any subcontract entered into by the Contractor for thepurposes of fulfilling the. obligations under this Contract. must be in writing, authorized in advance by the Town and shall be consistent with and subject to the provisions of this Contract. Subcontracts will not relieve or discharge the Contractor from any duty; obligation, responsibility or liability arising under' this Contract. The Town is entitled. to copies of all subcontracts and shall not be bound by any provisions contained in a subcontract to which it is not a party._ 24. Risk of Loss The Contractor shall bear the risk of loss for any Contractor )materials used for this Contract and for all deliveries, and personal or othcr data which is in the possession of the Contractor Or used by the Contractor in the performance of this Contract until possession, ownership. and full legal title to the deliverables are transferred to and accepted by the Town.. 25. Minimum. Wage/Prevailing Wage. The Contractor will carry out the obligations of this Contract in full compliance with all of the requirements inrnposed by or pursuant to General Laws c 1515,§ t, et seq. (Minimum Wage Law) and any executive orders, rules, regulations, and requirements of the Commonwealth of Massachusetts as "they may from time to time be amended. The Contractor will at all times comply with the wage rates as_detertnined by the Commissioner of the Department of Labor and Industries, under the provisions of General Laws c149, §'§26 to 27D (Prevailing Nage Law), as shad be in force and, as amended. The Contractor will, in addition to, any other Snow Plowing and Snow Removal Services (rev October 2017) Page '18 submissions required by the Prevailing Wage Lave, submit certified weekly payrolls to the Town with the information described in General Laws c149., §27B. 26. Audit, Inspection and Recordkeeping At any time during normal business hours, and as often as the Town may deem it reasonably necessary, there shall be available in the office of the Contractor for the purpose of audit, examination, and/or to make excerpts or transcr pt:all records, contracts, invoices, materials; payrolls, records of personnel, conditions of employment and other :data relating to all matters covered by this Agreement, including verification of time and performance by inspection and/or use of GM> 27. Payment The Town agrees to make all reasonable efforts to pay to the Contractor the sum set. forth in the Contractor's bid or proposal within thirty (30) days of receipt of an invoice detail.mg`the. work completed and acceptance from the Town of the work completed:. 28. Waiver and Amendment Amendments, or waivers of any additional term, condition, covenant, duty or obligation contained in this Contract may be made only by written amendment executed by all signatories to the original Contract, prior to the effective:.date .of the amendment. To the extent allowed by laws any conditions, duties, and obligations .contained in this Contract maybe waived onlyby written agreement by both. parties. Forbearance or indulgence in any forth or zri`aiiner by a party shall not be construed as a waiver, nor in any manner limit the legal or equitable remedies available to that party. No waiver by either party of any default or breach shall constitute a waiver of any subsequent default or breach of a:si.milar or different matter. 29. Forum and Choice of Law This Contract and any performance herein shall be governed by and be construed in accordance with the laws of the Commonwealth of Massachusetts. Any and all proceedings or actions relating to subject matter herein shall be brought. and maintained in the courts of the Commonwealth of Massachusetts, which shall have exclusive jurisdiction thereof. This paragraph shallnot be construed to limit any other legal rights of the parties. 30. Notices Any:notice permitted orrequired under the provisions of this Contract to be..given or served by :either of the parties hereto upon the other party hereto shall be in writing and signed in the name or on the behalf of the pariy.giving or serving the same. Notice shall be deemed to have been received at the: time of actual service. or three (3) business days after the date of Snow Plowing and Snow Removal Services (rev October 2017).Page 19 certified or registered mailing properly addressed.. Notice to the Contractor shall be deemed sufficient if sent to the address set forth in the Contract and to the Town of North. Andover by being sent to the Town Manager, Town Hall, 120 Main Street, North Andover, Massachusetts 01845,. 31. Binding on Successors This Contract shall be binding'upon the Contractor; its assigns; transferees, and/or successors_ in interest (and where not corporate, the heirs and estate of the Contractor). 32. Complete Contract This instrument; together with its endorsed supplements, and the other components of the contract documents;. constitutes the entire contract between the parties, with no agreements other than those incorporated herein. 33. Contractor Certifications 33.1 By signing this contract, the Contractor certifies under the penalties of perjury that pursuant to General Laws c62C §49A, the Contractor has filed all state tax. returns, paid all taxes and complied with all. laws of the Commonwealth relating to taxes; and, that pursuant to General Laws, c15 IA,. §19A,. the Contractor has complied with all laws .of the Commonwealth relating to contributions and payments in lieu of contributions. 33.2 By signing this contract, the Contractor certifies under the penalties of perjury that this contract has been obtained in good faith and without collusion or fraud with any other person. As such in this.. certification, the word "person." shall mean. any natural person; business; partnership, corporation; union, committee, client or other organization, entity or group of individuals. 33.3 Qualifications. The Contractor certifies it is qualified.and shall at all times remain qualified to perform this Contract, that performance shall be timely and meet or exceed industry standards: for the performance required; including obtaining requisite licenses., registrations, permits, resources for performance, and sufficient professional, liability, and other appropriate insurance to cover the performance. If the .Contractor is a corporation, the Contractor certifies :that it is in good standing with the office, of the Secretary of State. If 'the Contractor is a foreign business, the Contractor certifies that it is listed under the Secretary of State's website as licensed to do business in Massachusetts, as required by law. 33.4 Business Ethics and Fraud, Waste and Abuse Prevention. The Contractor certifies that performance under this Contract, in addition, to meeting the terms of the Contract, will be made using ethical business standards and good. stewardship of taxpayer and other public funding and resources to prevent fraud, waste and abuse. Snow `Plowing and Snow Removal Services (rev October 2017) Page 20 33.5 Debarment. The Contractor certifies that neither it nor any of its subcontractors are currently debarred or suspended by the federal or state government under any law or regulations including, Executive Order 147, M.G.L. 029, §29F, M.G.L. c30, §39R, M.G.L. c149, §27C, M.G.L. c149, §44C, M.G.L. c149, §148B and M.G.L. c152, §25C. 34. AdditionalProvisions.- 34.1 Applicable to Contracts for the Procurement of Goods 34.1.1 "Goods" -shall mean Goods, Supplies, or Materials, as described in the. Contract. 34.1..2 Change Orders: Change orders for contracts subject to M.G.L. 0013 may not increase the total contract price by more than twenty-five (25.0%) percent.and:shall be in compliance 'vith.Massaehusetts General Laws 0013, §13., This s Contract for purchase includes the following delivery, installation or setup requirements: 34.2 Applicable to Contracts for Services 34.2.1 "Services" shall mean furnishing of labor, time, or effort by the Contractor. This term shall not -include employment agreements, collective bargaining agreements, or grant agreements. 34..2.2 Change Orders: Change orders for contracts subject to Massachusetts. General Laws c30B may not increase the total contract price by more than twenty-five (25°/o) per cent and shall be in compliance with Massachusetts General Laws c30B, 34.2.3 Minimum Wage/Prevailing Wage: The Contractor will carry out the obligations of this Contract in full I ompliance with all of the requirements imposed by or pursuant ;to General. Laws c151, §1, et seq. (Minimum Wage Law) and any executive orders; rules, regulations, and requirements of the Commonwealth of. Massachusetts as they may from time to time be amended. The Contractor Will:at;all times. comply with the wage rates .as determined by the Commissioner of the Department of Labor and Industries, under the provisions of `General Laws c"149, §§N to 270 (Prevailing Wage Law), as shall be in force and as amended. The Contractor will, in addition to any other submissions required by the Prevailing Wage Law, submit eertified weekly payrolls to the Town with the information described in General Laws c 149, §27B. Snow Plowing and Snow Removal Services (rev October- 2017) Page 21 34.2.4 Insurance: The Contractor shall obtain and maintain. the following insurance: 34.2.4.1 Workers Compensation Insurance of the scope and amount required by the laws of the Commonwealth of 1Viassachuse.tts, 34.2.4.2 Broad Form Commercial General Liability coverage with limits of at least $1 Million per occurrence and $2 Million aggregate, and which shall cover bodily injury, death, or property damage arising out of the work. 34.2.4.3 Automobile. Liability Coverage, including coverage for owned,. hired, or borrowed vehicles with limits of at least $1 Million per person, and $1 Million per accident. The intent of the Specifications regarding insurance is to specify minimum coverage and minimum limits of liability acceptable under the Contract. However, it shall be the Contractor's responsibility to purchase and maintain insurance of such character and in such amounts as will adequately protect it and the Town from grid against all claims, damages, losses and expenses resulting froth exposure to any casualty liability in the performance of the work. 34.2.4.3 All required insurance shall be certified by a duly authorized representative of the insurers on the "MIIA" or "ACO:RD" Certificate of Insurance form incorporated into andmade a part of this agreement. Properly executed certificates signifying adequate coverage in effect for the duration of the contract with .renewal certificates issued not less than 30 days prior to expiration of a policy period, must be submitted; to the Town prior to commencement of this Contract. 34.2.4.4 The Town shall be named as an additional insured on the above referenced liability policies, and the Contractor's insurance shall be the primary coverage. The cost of such insurance, including required endorsements or amendments; shall be the sole responsibility of the Contractor. 34.2.44.5 Contractual liability mustrecognize the 'indemnities contained, in this Agreement. 34.2.4.6 Coverages are to bea ntaiiied .for .a period of"two (2) years after final p.ayinent: 34.2.4.7 The C.antractor shall maintain all required insurance in full force and effect :as required 'by this Contract or the Contractor shall be in material. breach hereof..., Snow Plowing and Snow Removal Services (rev October 2017) Page..Z2 IN WITNESS WHEREOF the parties have hereto and to two other identical instruments set. forth their hands the day and year first above written. THE TOWN Div s on/Department Head /f � /,( ;V own Manager Date APPROVED AS TO FORM: 1 (116 o n Counsel. Date THE CONTRACTOR a h�n in 12 Lanc�cn,�e I InC. y n C mpA o p Name Signature Date Pidam &UoWa- n1 iv`. Print Name & Title Federal Ide�3�jif cation No.: [x 7cl3(p . CERTIFICATION AS TO AVAILABILITY OF FUNDS: Snow Plowing and Snow Removal Services (rev October 2017) Page 23 Town of Noah Andover Division of Public Works Specifications for Snow Plowing and. Removal Services Three (3) Year Contract - 2017 through 2020 General. 1.1. The Town of North Andover intends to enter into contracts, with responsive and responsible. CONTRACTORS) to perform snow plowing services on several of the Town of North Andover's routes in the manner described herein. 1.2. The CONTRACTOR(S) must supply trucks and plows to clear, in a timely manner, each route that:they are. assigned 1.3. In the performance of the work under this Contract the CONTRACTOR(S) shall be deemed to be independent contractors, and not agents or employees of the Town. 2. Term of Contract. 2.1. The term of this Contract(s) shall be for no more than THREE (3) YEARS beginning from the date of contract execution through April 30, 20201, .If for any fiscal year or any part thereof during the term of this Contract, funds for the discharge of the Town's obligations under this Contract: are not appropriated and .allthorized, or funds so appropriated and authorized are reduced or withdrawn, then this Contract shall terminate. This Contract does not guarantee any work or any minimum amount of work to the CONTRACTOR(S). Work will be assigned to the CONTRACTOR(S) ,at the sole discretion of the Town. 3; Basis of Selection. 3.1.. Plow routes will be assigned at the discretion of the Town. 3.2. The CONTRACTOR(S) will be selected 'based upon previous experience, type and amount of equipment available. 4. Rejection of Contractor Application. 4.1. Proper snow plowing is important to public safety and welfare. Therefore, the Town reserves the right, at its sole discretion, to reject any application if it is determined to be in the best interest. of the Town. 4.2. In addition, the Town may reject an application from any contractor who; Snow Plowing and Removal Services — rev October 2017 page S Page 5> a) Has a history of failing to provide timely, quality, and complete service on snow plowing, or other contracts with the Town of North Andover or with any other municipality or agency b) Proposes the use of equipment which the Town considersto be substandard., dt proposes to use a subcontractor(s), with. a history of failing to meet the Town's request for service, or to perform in a satisfactory manner of snow plowing, or other contracts. 5. Responsibilities of theCONTRACTOR(S). 5;1. The contractor shai(;provide fuel and operate the equipment listed on the Application for Snow Plowing and Removal when and as so directed by the Town of North Andover Division of Public Works at the rates shown in the chart entitled "Town of North Andover Plow Rates" which are hereby incorporated into and made part of this Contract. 5.2. The CONTRACTOR(S) accepts responsibility to become completely familiarized. with plow routes assigned to them. 5.3. The CONTRACTOR(S) application shall include: 5.3.1. A copy of the current vehicle registration for each vehicle listed on the application page 5:3.2. Current certificates of insurance required in the contract documents. 5.3.3. A yearly update of forms at the start of each new snow season (on or about October 15th); Forms to include: Application for Snow Plowing and Removal .Services (page 314), registrations copies for each vehicle being used for the upcoming season, an.updated insurance certificate and a W-9 form (see items 8, 31 & 10 on page 2). 5.4. Responsibilities for Vehicles, Plows, Equipment and Operators. 5.4.1. The CONTRACTOR(S) must provide and properly maintain, in good working condition, the vehicles, plows and equipment for the entire contract term. They must meet all conditions set forth in this contract. Vehicles, equipmentand operators must meet licensing, registration and safety and emissions requirements. The CONTRACTORS) must, at any time upon the request of the Town, provide proof of operator licensing and motor vehicle registration. 5.4.2-. The CONTRACTORS) must provide fully qualified; licensed and responsible operators for each vehicle and piece of equipment. The CONTRACTOR(S) must: supply,a list of the: names of the operators for each vehicle, or piece of equipment, to the Division of Public Works on the attached form and.every time that there is a change in the list of operators. 5.4.3. The owner or lessee represents and warrants that each of the operatorslisted has a valid and currently issued operator's license issued by the duly authorized. governmental entity.and for breach of such requirement it being a condition of the agreement will automatically terminate such agreement as it relates to the specific equipment being operated as such. 5.4.4. The CONTRACTOR(S) further agrees to keep the specified equipment legally registered during the term of the contract. The CONTRACTOR(S) agrees to promptly forward a. copy of any new registration of said equipment, particularly after December 31 to the Division of Public Works. Failure to keep the equipment so registered will terminate the contract relative to that unregistered' equipment.. 5.5. Responsibilities during Snow Season. Between October 15 and April 30 of the contract period, the CONTRACTOR(S) shall: A Snow Plowing and Snow Removal Services (rev October 2017) Page 6 5.5.1. Maintain a system wherebythe Town can contact the contractor(s) at a specified telephone number for 24 hours, 7 days a week, inclusive of holidays. During snow` emergencies, the contractor(s) will provide :the Division of Public Works with a means of communication to be used to provide direct contact between the contractor(s)'s supervisor and the Highway Garage. .5.5.2. Notify the Town if any equipment is out of service. Equipment must be returned to service as soon as possible: 5.5.1 Keep, activate and properly charge the GPS tracking system in. the vehicle/equipment while said vehicle/equipment is working under the terms of this. Contract. 5.6. Responsibilities during a Snow Plowing Operation.. 5.6.1. Once the Town has called a snow plowing operation, the CONTRACTOR(S) shal[: A. Arrive at the Highway Garage no later than one (1) hour from time of notice. B. Arrive with vehicles, plow and equipment in good working condition, prepared to plow, loaded with appropriated ballast and having chains available for use if needed (as determined by the Director of Public Works, or his/her Designee). C. Sign IN Each Track must Sign In with the timekeeper in the office at the Highway Garage as well as. activate the GPS unit used in the vehicle/equipment, regardless of prior practice: The drivers are solely responsible to keep an accurate record of their time. D. Sign OUT When the driver feels that the routes) have been properly cleared of snow, he will meet with his route supervisor (chaser) at a pre- determined location to make sure the chaser is satisfied with the route. If the chaser is satisfied with the route the driver must return :to the Highway Garage to Sign Out and deactivate the above mentioned -GPS unit. If you cannot locate your chaser,. return to the Highway Garage, deactivate the above mentioned GPS unit, and the chaserwill then be notified. E. Down Time — Repairs to the vehicles, refueling vehicles and lunch breaks are considered down time and should not be 'submitted for payment. This must be reported to the chaser or Highway Garage in real time before or while off the clock. F. Leave Route — No plow shall leave its assigned route unless specifically ordered to do so by the chaser or the. Highway Garage dispatcher, G. Plow to the standards set forth in Section 9. 5.6.2. In the event that the CONTRACTOR(S)'s equipment fails during a plowing" operation, the CONTRACTOR(S), or his representative, must notify the Highway 'Gara9e. 5.7. Responsibilities to Receive Payment. 5.7.1. To receive payment for a snowplow operation, the CONTRACTOR(S) must submit all completed forms to the Town of North Andover within two (2) weeks of a snowstorm. 5.7.2. The Town will not pay for any work that has not been authorized by the appropriate Town officials and signed off as complete by a Town Snow Inspector of the Control Center. Snow Plowing and Snow Removal Services (rev October 2017) Page 7 5.8. Responsibilities for Damages. 5.8,1. The CONTRACTOR(S) is liable for damages including, but not limited to, damages to sod, shrubbery, trees, and structures that result from his operations. The CONTRACTOR(S) shall repair all damages prior to April 30 of the.contract. Year. The CONTRACTOR(S) shall make immediate, temporary repairs to damages that cause a safety hazard. Permanent repairs of such damages shall be made within 72. hours of when the damage occurred, or later if requested in writing to the Director of Public Works, and approved in writing by the Director. 5.8.3. If repairs are not completed in a satisfactory and timely manner, the Town may cause the, repairs to be made at the expense of the CONTRACTOR. 6. Rights of the Town. 6.1, The contract may terminated for the convenience of the Town at the Town's sole discretion, upon the recommendation of the Director of Public Works, or when the Director, or their Designee, has determined that the CONTRACTOR(S) has: 6.1.1. Abandoned the work to be performed under this contract; 6.12. Assigned their route to another without Town consent; 6.1,3. Unnecessarily, or unreasonably, delayed any of the work to be performed under this Contract;. 6.1.4. Failed to furnish sufficient, properly skilled workmen, or sufficient vehicles or equipment to perform the work; 6.1:5. Disregarded the instructions of the Director of Public Works, a Town Chaser, or other Town, Official including tampering with the GPS unit required under this contract; 6,1.6. Failed to perform properly on any route, as determined by a Town Official; or 6.1.7. Substantially violated a requirement of the contract. 6.2. All services provided under this contract shall be performed in accordance with the terms of these Instructions and the Contract executed between the Town and the Contractor in the form attached hereto as authorized by the Director of Public Works or his/her designee. The CONTRACTOR(S) shall only be paid for services authorized by, and performed to the satisfaction of, the Director of Public Works. 6.3. The Town has an absolute right to verify the time and quality/quantity of contractor work under this contract and to verify conformance with the contract documents through inspections and use of GPS tracking devices. 6.4. The decision of the Director of Public Works as to the suitability of CONTRACTOR(S) equipment and employees is final. 6:5. The decision as to when to calf for snowplowing to begin rests entirely with the Town. The Director of Public Works or their designee shall determine, on a case-by-case basis for each snow fall event, when conditions warrant a snow plow operation by the CONTRACTOR(S), and which CONTRACTOR(S) will be assigned the work. 7; Responsibilities of the Town, 7.1, The Town shall: maintain a center of operation at. the Highway Garage at all times during snowplowing operations; and Maintain a log of all calls between CONTROL CENTER and the CONTRACTOR(S) and their assigned supervisors. Promote smooth snowplowing operations by having the CONTROL CENTER place calls for service, coordinate with Town Inspectors and perform any other necessary tasks as quickly as possible. 7.2. The Town shall also make the best effort to make payments within 30 days of receipt of a proper invoice. If there is a dispute about the amount owed, the Town will approve :Snow Plowing and Snow Removal Services (rev October 2`017) page 8 payment of the amount not in dispute within 30 days and withhold any disputed amount until resolution of the dispute. 7.3. The Town shall provide the contractor a GPS unit with power cord for each vehicle/equipment underthis contract. 8. Equipment Specifications. 8.1. The equipment furnished under this contract must meet all contract specifications and fully comply with all applicable laws and regulations of the Commonwealth of Massachusetts. 8.2. All equipment must be in good condition, smooth running at operating levels, clean inside and out, and under the hood, with evidence of proper maintenance and inspection.. 8.3. The electrical and mechanical systems of each vehicle and piece of equipment shall be in good operating condition.. 9, Snowplowing Specifications. 9.1. The CONTRACTOR(S) shall plow snow from curb to curb,. or edge of street to edge of street, leaving no windrows in intersections. '9.2. The CONTRACTORS) shall plow all Town streets;, roads and avenues, including private ways, within the routes listed, and shown on the maps. 9-.3. Plowing Requirements — The CONTRACTOR(S) SHALL: 9.3.1. Plow streets from the centerline to each curb, or to the edges. of pavement. 9.3.2. NOT turn around in private driveways. 9.3.3. Plow at a speed which is sufficient to move snow, but not excessive. Avoid., to the maximum extent possible, depositing snow onto sidewalks. 9.3.4 Plow all .streets the full width of pavement leaving bare pavement prior to sanding/salting operations. 9.3.5. To the maximum extent possible, avoid depositing plowed snow in front of, or in driveways and onto sidewalks, or on street corners. These areas should,not have more snow than the rest of the street edge. 9.4. Report to Highway Garage dispatch. 9.4.1 if you cannot start plowing at appointed time. 9.4.2. If equipment breaks. down while plowing. 9.4:3. if any street cannot be plowed and the reason why. 9.4.4. If any damage is done to other vehicles or property, 9.5. Special Plowing Requirements. 9.5.1. "BUMP OUTS" Due to road and sidewalk reconstruction in some areas, there are now "Bump outs" that have been created to facilitate better parking. designation. Caution is to be taken within the areas of these "bump outs" sous' to not disrupt or cause damage to these areas 9.5.2. One Way Streets — One way streets shall be plowed to each curb. That is the operator shall plow the left side of the centerline of the street to the left 'side and plow the right side of the centerline to the right side, and at no time shall the contractor(s)'s operator plow a one way street the wrong way against traffic pattern., 9.5.3. Blocked Streets — If a street is blocked, the CONTRACTOR(S) shall make every attempt to bypass the blockage. If unable to bypass :the blockage, the CONTACTOR(S) shall immediately inform the. Highway Garage dispatch, of the blockage. The CONTRACTORS) will plow the street as soon as the blockage is removed. 9.5.4. Intersections — The CONTRACTOR(S) shall ensure that intersections and curb radii are properly cleared, with no residual snow left in the intersections. Snow Plowing ,and Snow Removal Services (rev October 2017) Page 9 9.5.5. Snow Pack — It. is not acceptable to leave snow pack of any depth along Town streets after the passing of a CONRACTOR(S) plow. 10. Fuel Adjustment. 10.1 Fuel adjustments: shall be determined by the Town and made for each contracted year in the first week of September, for each year the contract is in force, The adjustment will be made based on the diesel price as established by the United States Energy Information Administration. The established base price for this Contract, at its' .start, is $2.767/gallon. 10.2 Hourly Rates for the remaining contracted ;years shall be adjusted up or down based upon the percentage of difference between the first year's base price and the diesel fuel price established by the US Energy Information Administration for the first week in September of each subsequent year. End of Section Please continue to Contract Snow Plowing and Snow Removal :Services (rev October .2017) Page 10 TOWN OF NORTH ANDOVER PLOW RATES (Notification of pricing adjustments will be sent in writing prior to each season) 2017-2018 WINTER, SEASON 2015-2016 WINTER SEASON 2016-2017 WINTER SEASON EQUIPMENT TYPE— SNOW PLOWING HOURLY RATE 4 wheel drive pickuptruck - minmum /ton - 8' Plow $ 62.00: 6 Wheel dump - 9' Plow - GVW 16,000 or less $ 73.00 6 Wheel dump -10' Plow - GVW 16,001 - 24,999 $ 76.00 6` Wheel dump -10' Plow - GVW 25,000 —,36,000+ $ 95.00 6 Wheel dump —12' Front Plow & 9' Wing — GVW 25000-36000 $1.17.00 10 Wheel dump —12' Plow $106.00 10 Wheel dump —12' Plow & Wing $128.00 Tri -axle dump -12' Plow $10.0,00 Tri -axle dump - 12' Plow &. Wing $128.00 Backhoe/Loader $ 92.00 Backhoe/Loader with plow $103,00 Front end loader under 4 cubic yards $11,2.00 Front end loader 4 cubic yards or larger $122,0.0 Bobcat $ 7100 VEHICLES USED DURING SANDING OPERATIONS WILL BE PAID AT THE SAME RATE AS THEIR GVW PLOW RATE. POST -STORM SNOW REMOVAL -- Snow Hauling HOURLY RATE Tri -axle dump truck $86.00 10 Wheel dump truck $74.00 Fuel adjustment criteria is listed in.the contract specifications —see item 10 Snow Plowing and Snow Removal Services (rev October 2017).Page 27 U) 0 F- 0 LL U) 0 w z w LL CJ 0 LLJ I W LL CO Lo :D "T Q0 Co CL T- > 0 LL C) 0 le O¢ 2z UJ Z O > cl Z5 0 70 0 z m < re wo) (Do 0 'Ef L6 -7 W o 00 Wz ro I W 0 z -6 1.- > N0-) 0 rA q _0 0 W z 0 < 0 CD z -r co 0 F- 0 LL z LLJ C/) �co 0 Co 0 < z w LL CJ 0 z < 0 ca z F- z CN T-- K:n m 0 F— c: 0 ca fi cc — E m (D opo =v 4 0 - L 0 c a) W 0 4- 0' co o oct 01 Ul (D 75 > 0 E i.;- cn EL a � 0 p. 0- ?: (D 0 C: — a) CL -0 w Q:� m- o cd 5 c cn cr (n CD z C> ()O .§ 000 0 _0 — c m X :0: < >C.) 1= E w 0 a) Z, C LL cn 0 =$ C) o a mZI o 3: z E Q) 2 m bO Ta ca z C0 0) w LU z v N LL LU CL co U) (L QID z 0 13 uj M (D -0 cu z z 0 0 z 0 (Z5 0 zU. .z uj 0 (S-9 M 0 ui 0 0) M > 0 E E Q) 2 m bO Ta tr cu tko cz a.. E; ca Z' tn. l O � co D to .,., Z z CD w O V EL 1 z O m .c 0' Z o z 2 ul 0- --� M 1 Q `f uir �^ o 3� m c cu O _ Q E E cc � Lo to I-. co O r it N r tM � ct r- U3 r Z tr cu tko cz a.. cr tOOq tD a4 � 000 O- v e�0Z H.a � cT0-�. (U OCi 19 iH : .0 nCJ C'ni tV CIO N. l0 Vi CA 0 x Z ul a W to � " � In!I000 F O u ❑ h % my WI r Ply 3 a.ri q tW 1C �v tt J' Z � -T 3 -c Li w O C) 3 cr Q -Z it.- �� No cc Q , deo c Z � .Q w 1 f/j 66 W .J '� � w-U.l.ip �.r w:`' CL 0!! LI Eco.: Lr qW Wt-F:O a5... WW U¢Z¢¢ .K.Z 00wC7�:0a¢ ma a:E3c cr r O .u: o Z� Z iu v e�0Z a An v Q a x Z �<LL f? a F O u F-. CL Ply z� 0o �v W- 4 a W ca Z o E; LL w N . O Z co "' ~ Y q � ¢ o w U CO 0 O z M �< o. Z X F- .o _mom o W. .7 0- m ¢ a > a :03zutx6 fr z p U .S w w' X OF NEW HAMPSHIREAPPORTIONED REGISTRATION 0�� ALIDATION STICKER NO. AP8037 1 0609839 DATE 6/30/18 YR OF MFG.AKE jurisdictions) shown below. ions are.to be listed after row.o as eris s.or card 'is -invalid. This STYLE VEHICLE IDENTIFICATION NO, 06 W DT 1NKDLOCX86JI62627 GROSS WEIGHT UNLADEN WEIGHT..:!FUEL CT ­v, -AXLES CARRIER TYPE .60000 2,52 0-10 D: 4 PC �O -'04,660"! IN K, S 060100 KY 060000 LA 060000 MA 0770:00 ACCOUNT NO FLEET NO l'"UNIT ZU P"N0. LIST PRICE., 12957 00 3., 2 1:2—, f.ov; , 11 1, � -, 1�f6j,7 7 8 he vehicle Oes�cribed,b,as been 4taportionally registered bee­ Harrl h ire anal the jurisdictions) shown below. ions are.to be listed after row.o as eris s.or card 'is -invalid. This card must be carried is swe-d'orbe subject,tU. bon.ItsFatlon, copies are not lid, AB 027216:AI,. ;660006 AR 0611000 XZ .0000 BC .-0.271.1`6.."`CA 060000 CO=- 060000 60,000 CT ­v, 0r6000,.a­FL 060000 GA 060000 IA 006000 ii): J -0000 66 IL �O -'04,660"! IN K, S 060100 KY 060000 LA 060000 MA 0770:00 ]&B 0 "(1 027216 Mi 600 )10 ME- - 06000 MI 060000 MN 060000 MO OaiO 0�­'�MS 0,,6006000.0"Na,', -0 0 MT �:.. 027216 NCC 060000 ND 060000 NE 060000 -;:,NJ -0.6-00PQ. NL 027216 NM 060000 NS 027216 NV 060000 NY 060000 6H 0'6:0,.0-0,0,-, OK .-0;6'01-000 ON 027216 OR 060000 PA,f060000 PE 027216 QC 4AXLE. RI 060000 SC 060000 SD 060000 SK`,027216 TN 060000 TX 060000 UT 060000 VA 060000 VT 060000 WA`060000 W1 060000 WV 060000 WY 060000 DATE ISSUED: 6/06/17 OF NEW HAMPSHIRE APPORTIONED REGISTRATION 473 12957 001 VALIDATION STICKER NO. EXPIRATION DATE STRUCK 060`9838 6/30/18. YR OF MFG, MAKE STYLE VEHICLE IDENTIFICATION NO. 01 'TRB DT 1.NP5XBEX61N564235 GROSS WEIGHT UNLADEN WEIGHT J.FEEL ADAM BALDkF A , , ` AXE ES CARRIER TYPE. 60000: F29500 D- A PC ACCOUNT NO. ,FLEET NO:. UNIT N6. Sup"P NO,, LIST PRICE 12957 001 1 X00. 122;30.0 OWNERS' DATES OF BIRTH USDOT'OF CARRIER RESPONSIBLE; FOR.SAFETY 5 6 ,. ADAM BALDkF A , , ` Pb BOX 122 REGISTRANT NAME AND ADDRESS LIGHTNING LANDSCAPE'INC t 12.= WESTFALL..RD S0, PELHAM NH 030:76 The vehicle described has beeh o" al registereit`befWeeii fhe State of New Hampshire and the jurisdictions} shown'beldw. No �urisdietions are:.to be listed after the row of astar sks.or card'is invalid.: This card must be carried the'Veh�cle to which m �s issced.ar tie subject tits confiscation; eop�es ars nat,ali d, 'AB "027216 AL -06000.0 AR 0600100 BC 0.271216 CA 060000 CO ' 060000 CT '060000-- JAG': -0600°-00 "UE-� 060000 FL 0:6 OD 00 GA 060000 IA 006000 ID 060000 IL 0:6.0000 1N 0;60000 KS 0:600`00 KY 060000 LA. 060000 MA 0'77000 .MB 0 027216 MD 06000:;0 ME 069000 M1: 060000 MN 060000- MO 060000 MS 4600;.00 MT '0;60000 .<N 027216 NC 060000 ND 060000 NE 060000 Nd:10.60000 NL 0272, 6 -'`NM 060000 NS 02721E NV 060000 NY 060000 OH 06000O,OK 060000'ON 027216 OR 060000 iPA,.060000 PE 02721.6 QC 4AXLE. RI 060000 SC 0.60000 SD 060000 SK '027216 TN 060000 TX 060000 UT .06.0000 VA 060000 VT 060.000 WA-�060000 'W1 060000 WV 060000 WY -'060000 ** ****** ** * **** DATE.ISSUED; 6/06/17 r O O O C OO O O O O O O O O. 'q OO OO O '.O O- J. rev m mr�.m puny a.. V''ti C w. O Y }lLO .N 0 :'cmyNy�yy0 Z m-iac >L. �{ 'T 01': i,f O W qq oo3c6x.,i LU to u o .� lL W . 1..1..E -'. �',. W lL w Q r. 00 >�cvEc'nac�: m�2 N P cf 4 'F- N w X"u: lY Q 2a ° r m N' er 1L °E°x uj z w w ° C r Z Q� 7 Cr KW. =.J 1 W i o'a ¢M ¢' p w �J F ru a. �Zjr¢ZZ ¢ .. :' ccm til � f'n C7 °r�'. ZLU a:InP n ¢UJ1-F r .ice aE3o r 00 0'o Q J. rev m mr�.m puny a.. a O Y }lLO .N 0 :'cmyNy�yy0 Z m-iac >L. �{ 'T 01': i,f O to u o .� O mm.a>wwv.. ..r -m: 'O . 1..1..E -'. �',. W u u X >�cvEc'nac�: Q P cf 4 'F- N w X"u: G3 Q ° r m N' er 1L uj r O ¢ ddim E M 0'o Q 9 o a O Y }lLO Z nnII 'T 01': i,f to u o 7C/ 4V r} 0. . 1..1..E -'. u u X cc ^0 LL> t'0 1L W .Z Itu r � C. CD. � Z' :> p. IL m N Q o U ;z Z o Q. ¢ a oz wCL cc �a LL Lu Lo 2 Q) C) a 00 � o z. C) CIO CL U- --j LL �'a0.>as �z J LL Z 1 p: us o �' 0 :Q o r y �:1 iL lL- :Z eN z 0'o Q 9 o a 'O .W eN g < to a o Z nnII i,f to u o u u W .Z Itu r LU 2 ti 3 O' O O O. O .O O O C (nN OSA VJ: 6.'Ci A 6: N 6. w N w." � o0 a U _oo W � wk u. a, Wi J Q Wi H 0. a Q� z a U^ o. x r oY Z W � U zC¢.Fc � Z).�w LL,��mw Lu tLLll ('} ti J lf1 U� W w U :4 Q w.F-t o oQ wc?H.Q¢� OQ - 0c v 04 3: E -j3 m y d t .c .m 0 o u:ay m$ m. p r a c:c:_ (n C d N Q O M=0 > La, - p V 0 NLa f ;<,-I : d'ELI.m N'�. O. V > y t L t] 07 a.(Q y O p �moEs cv. ii�n a 0 Le).Lo oA. C] Qf 0 to: t t o.o n Co m. .(n 3i. C'rj Z Z Us _ �f C J XI > t;f5o Z LL. alO ;y (LC� Nw ¢Z f p w n Z (A 0 h wf:M Q U X w y a'P Q �: T J W 't {�f) d I ti O El CF) ;<,-I C) F ca m: a). w .(n 3i. C'rj Z Z _ Cr XI Z m p 07 p Nw ¢Z p w n U 0. .� �} W LLI 3: FLw C7 a [� CQ Imo. a.Z 'Q z x tii z ¢ -a Z C'7. w a w 'N: } z LUo. C� N T. N Z. Q'a E'er >. o w D F- aw ads Z N > a Z r ,o z a U. `� Z o Q 3 o o r J Z a� C 0 00)z W Q W � at N cc W0 o o. N p Z ma LLJ Q n Of U? ¢i a 2? a o 3.7- w•m N c Z (A 0 h wf:M Q U X w y a'P Q �: T J W 't {�f) d I ti 46 0 o o An .. C- M 'N O o' o' ) L. N uj C p. 0. C- O m ? N.; O. W : W y '. LL W'. < �f_. w FLLJ a Q zo a: U No WQ: 0. 0 .w fn F �:W.. Z W U. 2 Q .7 ill .W' F+ 2' .2 E�ml�.�cd L Y m Gl OLU .Q �a. :�: JJ W 1..:.LL It t] 11' G C':O 6+ IW-'lt) G:F'. Z Q Z' 2' Q C7 Q' ,I-.-.. Co: X W W U S:'QZ..� 00 n o �` E. `U o .. gr E n. ) Ul to.{yQ�'y C p. 0. C- O m ? N.; y c O Q 0a��r F- .2 E�ml�.�cd L Y m O. r M. F w @ U d m b n FmF VV� w Q:3 o S7 .Ci- t N y > a.E �� a=. y m ,v ° '© :lu x a C1 O .Fo o ° :y Z. v tL wI F- ;0. Z u zO> > : U u..nl$. x?� yds �� Ln ~. c W Va z�cc 2 C7 U O. C� �Q�•M L �J O W.Q C7ac00>- lIJ a } � o. N: Z W: ma a vq W. U z z o u .z H w n7 < 0) Q U y uj � `zz N `� N LJa z ;Q: 2 0 7 0,0 a`' Z .00: 77 CD:, a: Com. w N w w u7 J p. V? a IN p co Z .� r CN o` V CV Z c 4' C7 Z Z X �`` R w =mom >< 2rMlu V o S� a o NI- 0 CN C3 Lej GJ :0..r o J. a. 0- Jo; In U� ( ::9 >.: a OiZw¢tit l7 A apz.: zz ZZ 6 a» a r rn j w to �,.- $ . U = w w ¢ aS a Q at P' � 4 t wv-w Z 0: 2. o -j 0 a tlt CERTIFICATE OF VOTE At a, duty authorized meeting the Board of . Directors of the b In held on 1 t # it was VOTED, THAT CA. C a 0 n 8'"az (Name) Pffstd yU7::. (Officer) of &fnrA tAndsgpeand hereby is.authorized :to execute contracts and bondsin the C' name and on behalf of said larnldaffix its corporate seal hereto; and such execution of any contract or obligation in'the-name of baH.Alne on, its behalf by such officer under seal of shall be. valid and binding upon L L/ I hereby certify that, I am the, clerk of the above named Qk+nlf q and. U that. -Nis the duly elected officer as above of said AAA OCAlt and that. the above vote has not been amended or rescinded and. remains in full force and effect as the date of this contract. 4 P 14)— 0te) (Clerk) Snow Plowing and Snow Removal Services (rev October 2017) Page 24 CERTIFICATIONS CERTIFICATE OF NON -COLLUSION The undersigned certifies under penalties: of perjury that this bid. or, proposal has been made and submitted in good faith and without collusion or fraud with any other person. As used:in this certification, the word "person" shall mean natural person, business, partnership, corporation; committee, union, club or other organization, entity, or group of individuals. Signa adw NJJuapSl kw NMI Name d Title Date ki qw, ii nn't -a v&ca?pe Comp nv Name JV I Vic, CERTIFICATE OF TAX COMPLIANCE Pursuant to Chapter 62C of the Massachusetts General Laws, 'Sectiori 49A (b), I authorized signatory for L'( kft) 1n LdS Name of individual Name of ` : actor do hereby certify under the pains and penalties of perjury that said contractor has complied with all laws of the Cornmonwealth.of Massachusetts, and the Town of North Andover, relating to taxes, permit or other fees, reporting of employees and contractors, and withholding and. remitting child support. Si nature-�---- I"M M, -4 1 104-5-4 ffilmm'3 Date 11111 iw IIS l=61 Snow Plowing and Snow Removal Services (rev October .2017) Page 25 STANDARD FORM 'WAIVER GOVERNING ALCOHOL AND CONTROLLED SUBSTANCE USE AND TESTING POLICY FOR SAFETY ,SENSITIVE DRIVERS, AND, INDEPENDENT CONTRACTORS AND SUBCONTRACTORS The undersigned herby agrees, as condition precedent to engaging in Snow Plowing Services for the: Town of North Andover (the "Town"), to indemnify, defend and hold harmless the Town, its Agents, servants and employees, from and against any claim, loss, damage, liability or expense of any kind of nature arising from or resulting from. or related to the alleged failure to comply with the alcohol and controlled substance use and testing requirements of the Commercial Motor Vehicle Safety Act of 1986, as. enacted, and the Omnibus Transportation Employee Testing Act of 1991, as enacted and regulations promulgated there under (collectively "the Acts"). Further the undersigned hereby agrees to undertake full compliance with. the Acts and shall reimburse the Toum for any damage.resulting from a failure to comply with the Acts. ad atyt,oder r Lc hf rrt x 7{0 Printed Name of Contractor ika^iAddress of Contractor Signature of Contractor WORKERS COMPENSATION STATEMENT (applicable if you area sole proprietor and do not have worker's compensation insurance) I, the owner and operator of (Name of Owner) located in (Name of Company) (Name of City/Town) have no employees and am thus not required to maintain NVorker's. Compensation Insurance. I accept full medical responsibility for any injury I sustain while performing work for the Town of North Andover as an independent contractor during the term of this Contract. By (Signature) (Date) Snow Plowing and Snow Removal Services (rev October 2017) Page 26 AC(:>Rbr CERTIFICATE OF LIABILITY INSURANCE"A"E`M"'°wffN) `-"'` INDICA-CED. /NOTWITHSTANDING .ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS . 11/7/17 THS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE 'POLIC IES BELOW'. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTnUM A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER; AND THE.CERTIFICATE HOLDER: IMPORTANT: If the certiircateholder is an ADDITIONAL INSURED, the policy(es) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate :does not. confer rights to the certificate holder in lieu of such endorsemengs).. PRODUCER CONTACT CT Debbie 'Pollinge, r _...... .....__ , Colleen A Coughlin Insurance A PHONE (978) 221 6991 �X N : (s78) 677-6729 1794 Bridge Street, Suite SA E-MAIL . ADDRESS: Colleen@ cacinsurance . com Dracut, .MA 01826 INSUIZE(ZiS�AFFORDNGCtSVERAGE NAICit" __ INSURsxa Concord Grou....___ _ .................. -- __....... INSUREDINSURERS Wesco Insurance_Co. , Amtrust ............. Lightning Landscape Inc _ iNsuRFRc, Hudson`Insurance Com any P..... $ mm 5j1.00� PO Box 122 ... INSURERD Acceptance Indemnity Ins CoT — Pelham, Nk 03076 NSURERE: i NSURER F UUVtKAUtb CERTIFICATE NUMBER— RFV1CIt11hJ N111 MR1GR- ------------ --- THIS IS TO CERTIFY THAT THE POLICIES OFINSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED A13OVE FOR THE POLICY PERIOD INDICA-CED. /NOTWITHSTANDING .ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BYTHE..POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF,SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CTR TYPE OF INSURANCE OD S-UBR POLICY EFF POLICY EXP /NSR POUCYNUMBER i IMM :YY) (NUMIXYYYYJ LIMITS A GENERAL LIABILITY Y North.Andover, MP, 01845 200055120 7/20/17 7/20/18 EACH OCCURRENCE$ 1, 00 01000 X COMMERCL4LGENERALLIP.RILtTY: DAMAGE TO RENTED NEDEXP(Atryoneperson) $ mm 5j1.00� CLAIMS -MADE 5XIOCCUR PERSONAL&ADV?NAJRY $ 1 ,000 , 000. ..........................................._.._... .......... _..... _ GENERAL AGGREGATE $ 2t 0001000__ GEN'LAGGREGATELIMITAPPUESPER - I i PRQDUCIS-mCOMP10PAGG _ _ " S 2..a OOOi000:...... POLICY PR07 LOC $ A AUTOMOBILE LIABILITY Y 20005086 7/20/17 7./20/16 CaaaccatleDntSINGLELtMti $ 1iQ0010Q0 ANYAUTO ALLOWNED U O BODILYtNJURY(Per person) ....... $ AUTOS X AUTOS ; BODILYINJURY(Peraccident) S XNON-OWNED HIRED AUTOS X AUTOS PROFERTY DAMAGE eraccdent _ S i O i C .UMBRELLALIAB I X OCCUR 'Y +HXS1039001 7/20/17 7/20/18 EACH OCCURRENCE S 1;000.5000 . EXCESS LIAB _.__._. CLAIMS -MALS _ .,. i I AGGREGATE $ 1 : 000 000 DED RETENTION $ $ B WORKERS COMPENSATION WWC3153969 7/20/19 7/20/18) 1NCSTATU- OTH- AND EMPLOYERS' IJABIUTY Y / N EL EACH ACCIDENT _1 __ _..... $ 1,000,000 ANY PROPRIETORIPARTNER/EXECUTTVE OFFICERrMEMBEREXCLUDED? N.IA, E L DISEASE F1l:EMPLOYE 0OO 00.0 $ 1 , , (Mandatory in NH) ff yyes describe under DESG�RIPTION OF OPERATIONS below E.L. DISEASE -POLICY LiMR Is 1,000,000 ' D Snowplowing Liability LB00139018 7/20/17 7/20/18`Acggreqate 2,000,0.00 Occurence 1,000,000 CESCRIPTION OFOPERATIONS 1 LOCATIONS LVEtNCLES (Attach ACORD 101; Additional Renerks Schedule; ff more space isrequred) Landscaping and Snowplowing. Additional Insured: Town of North Andover, 120 MainStreet, North Andover MA 01845 <.1�Rtals�l=i1;N1��la: r71;CMd��i�[aP cU 198U-ZU10ACQRD CORPORATION. All rights reserved.. ACORD 25 (2010105) The AGORD name and logo are registered marks of ACORD Phone:. Fax: .(978) .688-9573 E -Mail: jlanen@northandoverma.gov SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Town of North Andover THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED 'M ACCORDANCE WITH THE POLICY PROVISIONS.. Division of Public Works AUTHORLZED REPRESENTATIVE 120 Main Street North.Andover, MP, 01845 !" Debbie Pollinger cU 198U-ZU10ACQRD CORPORATION. All rights reserved.. ACORD 25 (2010105) The AGORD name and logo are registered marks of ACORD Phone:. Fax: .(978) .688-9573 E -Mail: jlanen@northandoverma.gov