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Contract #: 1034 - From: 11-21-2017 To: 04-30-2020 - Boraczek's Septic - Town of North Andover
TOWN OF NORTH ANDOVER CONTRACT (GOODS / SERVICES) CONTRACT #J V� DATE: This Contract is entered into on, or as of, this date by and between the Town of North Andover (the "Town"), and Contractor: /I f ICIC105 S-pflc «•c Address: Y Alli -c-1 Dr yampd-C-J AW 0?3 y/ Telephone Number: Fax Number: (00111" 41% 9 - S33% This is a Contract for the procurement of the following: Snow plowing and snow removal services for no more than a three-year period beginning 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 follows: 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 Contractor: The "other parry" 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 parry in the particular Contract. Use of the 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 System and/or related equipment including charger and accessories used for tracking contracted vehicles and/or equipment. 5. Term of Contract and Time for Performance This Contract shall be fully 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 Town 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 sole discretion on seven (7) calendar days' notice when 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 actual 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: 1) any material misrepresentation made by the Contractor to the Town; 2) any failure to perform any of its obligations under this Contract including, but not limited to the following: (i) failure to commence performance of this Contract at the time specified in this Contract due to a reason or circumstance within the Contractor's reasonable control, (ii) failure to perform this Contract with sufficient personnel and equipment or with sufficient material 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 manner reasonably satisfactory to the Town, (iv) failure to promptly re -perform 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 a basis for termination of this Contract, and (viii) failure to comply with any and all requirements of federal or state law and/or regulations, and Town bylaws and/or regulations. Snow Plowing and Snow Removal Services (rev October 2017) 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 any part of the amount for expenses, losses and damages incurred by the Town as a consequence of procuring services as a result of any failure, omission 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 performs 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 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 expressly prohibits 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 cl51B (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 EnforceabilitAgainst 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. Corporate Contractor Snow Plowing and Snow Removal Services (rev October 2017) J 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, c181, §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. 17. 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 act or 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 them or anyone for whose acts any of them may be 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 furnishing 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 further 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 parry that may arise in whole or in part out of or in 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 by law. 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 under 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 shall include, 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 minimum retention period of seven (7) years beginning on the first day after the final payment under this Contract, or such longer period as is necessary for the resolution of any litigation, claim, negotiation, audit or other inquiry involving this Contract. The Town shall have access during 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 the written approval of the Town. 23. Subcontracting By Contractor Any subcontract entered into by the Contractor for the purposes 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 parry. 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 other 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 imposed by or pursuant to General Laws c 151, § 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 c149, §§26 to 27D (Prevailing Wage Law), as shall 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 Law, submit certified weekly payrolls to the Town with the information described in General Laws 649, §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 transcript 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 GPS> 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 detailing 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 law, any conditions, duties, and obligations contained in this Contract may be waived only by written agreement by both parties. Forbearance or indulgence in any form or manner 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 similar 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 shall not be construed to limit any other legal rights of the parties. 30. Notices Any notice permitted or required under the provisions of this Contract to be given or served by either of the parries hereto upon the other party hereto shall be in writing and signed in the name or on the behalf of the party 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 a 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 c151A, §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. c29, §29F, M.G.L. c30, §39R, M.G.L. 649, §27C, M.G.L. 649, §44C, M.G.L. c149, §14813 and M.G.L. c152, §25C. 34. Additional Provisions: 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. c30B may not increase the total contract price by more than twenty-five (25.0%) percent and shall be in compliance with Massachusetts General Laws c30B, § 13. This 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 (251/o) per cent and shall be in compliance with Massachusetts General Laws c30B, §13. 34.2.3 Minimum Wage/Prevailing Wage: 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 cl51, §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 649, §§26 to 27D (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 certified weekly payrolls to the Town with the information described in General Laws 049, §2713. 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 Massachusetts. 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 and against all claims, damages, losses and expenses resulting from 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 "ACORD" Certificate of Insurance form incorporated into and made 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. 34.2.4.5 Contractual liability must recognize the indemnities contained in this Agreement. 34.2.4.6 Coverages are to be maintained for a period of two (2) years after final payment. 34.2.4.7 The Contractor 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 22 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 THE CONTRACTOR %yccu Di s on/Departent Head Company Name 1,,t4 / 7 To/n Manager Date ignature Date Tam,.j Ar9CtGK jlLc5 0%ty-1 Print Name & Title Federal Identification No.: q a- X 9�9 APPROVED AS TO FORM: ►"-- ////7//7 own Counsel Date CERTIFICATION AS TO AVAILABILITY OF FUNDS: A)r,v� 0 �2&4 � )r,4,Lp / /,,:, r (: 7 Town countant Date Snow Plowing and Snow Removal Services (rev October 2017) Page 23 Town of North 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 CONTRACTOR(S), 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, 2020. 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 authorized, 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 5 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 considers to be substandard, or 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 the CONTRACTOR(S). 5.1. The contractor shall 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 3/4), registrations copies for each vehicle being used for the upcoming season, an updated insurance certificate and a W-9 form (see items 8, 9, & 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, equipment and operators must meet licensing, registration and safety and emissions requirements. The CONTRACTOR(S) must, at any time upon the request of the Town, provide proof of operator licensing and motor vehicle registration. 5.4.2. The CONTRACTOR(S) 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 operators listed 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: Snow Plowing and Snow Removal Services (rev October 2017) Page 6 5.5.1. Maintain a system whereby the 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. 5.5.3. 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) shall: 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 Truck 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 route(s) 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 chaser will 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 Garage. 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 snow storm. 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. 5.8.2. 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 be 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; 6.1.2. 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 call 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 2017) 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 under this 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 CONTRACTOR(S) 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 tum 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" so as 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 CONTRACTOR(S) 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 pickup truck — minimum 3/ 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 $117.00 10 Wheel dump — 12' Plow $106.00 10 Wheel dump —12' Plow & Wing $128.00 Tri -axle dump —12' Plow $106.00 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 $112.00 Front end loader 4 cubic yards or larger $122.00 Bobcat $ 73.00 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 M r A i Z Q U w J ca E: L O .-: cr 0 +- U. Q �_ E O �: = :t! � U ~ N �+OU() O (o cc O) U 0(i v1 U U a) 00 CUca« . to .moi U).� z O co v- �.2 Ea U _ a) U ca Z -O Oas O O E (OD —j ns L� v5a E c — .3: w cv o �0)CUZ o�oN C: O :E- o Q. 70 LU E H Q 0 ca V N ch co U z 0 U) U O C "_ oQ >U m� EW Z�LL Doc(D o�MZ C:o O z aLu Lu �-0 0w cn >, c/5 CC (a0o r- 4-- U O O o N a) C V C >,cO L ja •L � C N cu w U 0) aa)cn w y - O �J O -�oM U 0 ++ Oa) �U ON w CO CL I— m v) m ui r C- z Y T N LU 00 U W rb Cb � Lu F- j o- J O o 0— LL yo CL O ¢ z a) S W Y O Fa) ❑ C%Q oz 55-0 ❑ u ❑ N �' Q � O �-00ZW I ooh m Z �Z(9 Oz w LUZ � J w z a) 0) O� >� LL m OO Z o (A J Qa) CL � 0 a G _ F— O LL (- z W� z N Z O ch O u� O Z Qii W o 0 U • ,. Z J CL a INI a o a Q N F— z i Z Q U w J ca E: L O .-: cr 0 +- U. Q �_ E O �: = :t! � U ~ N �+OU() O (o cc O) U 0(i v1 U U a) 00 CUca« . to .moi U).� z O co v- �.2 Ea U _ a) U ca Z -O Oas O O E (OD —j ns L� v5a E c — .3: w cv o �0)CUZ o�oN C: O :E- o Q. 70 LU E H Q 0 ca V N ch co U z 0 U) U O C "_ oQ >U m� EW Z�LL Doc(D o�MZ C:o O z aLu Lu �-0 0w cn >, c/5 CC (a0o r- 4-- U O O o N a) C V C >,cO L ja •L � C N cu w U 0) aa)cn w y - O �J O -�oM U 0 ++ Oa) �U ON w CO CL I— m v) m ui z a) *INS d N cn w a) w z U N cl) LL m Qa) CL in N � z U IL W U N Z O W -0 Cc • z m 3 INI H Z O z L o _3 Q j O v 1 Z a O LL a`a) } z N 60 W a aj A ' Cl w � M cc r pCD m �.. 3T � c 0 0' a E N M H :. c v C `Z^ N h' o Y N � m � U) � N W cu Z Z� O tl N U I ZN L O co OLL Z L O Z U z W M m_ LLI } ,J 4 t 7D a n a) J_ rt -�e ca V r7 L =� O CUm O O o. E 3 U i to CO ti M O r r N r M r d r Lo r O E N Z I" :. Sfate�lew Hampshire REGISTRATION CERTIFICATE 0836AO078145 RETAIN FOR TAX PURPOSES Reglstration certificate not valid for title (purposes All resident taxes for which I am liable have been paid STATE FEES PLATE 2423729 TYPE PASS CD X VSN 0501364 GVW 9800 E REGISTRATION $94.08 MAKE FORD MODEL F250 BDY STL PKUP CLR BLK P 05/31 /2018 YEAR 2015 F D AXLES 2 LPNEW 37600 VIN 1FT7W26T2FED48264 TOTAL DUE $94.08 PP# PP TYPE SP# SP TYPE DOB/ID LAST NAME SUFFIX FIRST NAME M w 05/19/1970 BORACZEK JAMES T tM.H.S.L/.IVI Y R - OFFICIAL DIRECTOR SVALIDATION # 2181 MUNICIPAL FEES REGISTRATION RENEWAL 31 MAY2017 5003.0002 836 9067 1 $94.08 LEGAL ADDRESS 7CHISHOLMRD JAMES T BORACZEK KINGSTON NH 03848 7 CHISHOLM RD KINGSTON NH 038483233 CHANGE ADDRESS IN SPACE ABOVE (THIS APPLICATION IS SIGNED AND ANY ADDITIONAL INFONFORMATION IS OFFERED UNDER PENALTY OF UNSWORN FALSIFICATION PURSUANT TO RSA 641:3) 9 MOSlMILLS OS 15 .yc�o.0 MOS/MILLS 07 12 $263.0 AGENT $3.0 NOT VALID WITHOUT DIRECTOR'S SEAL CLERK $2.0 ATTENTION: RSA 266:1 IV provides that newly TOTAL DUE $503.0 registered vehicles and vehicles of which the ownership has been transferred must be inspected within 10 consecutive days of the registration date stamped on the ----.— registration certificate. If a new MUNICIPAL COMMENT: vehicle is purchased at retail from a licensed dealer the vehicle Pursuant to RSA 261:55, the Director must inspected no later than must be notified in writing within 30 20 dayss after the date of transfer. days when moving from the address RDMV 344 (REV 02/08) OWNER'S COPY printed on this certificate. OF NEW HAMPSHIRE APPORTIONED REGISTRATION PLATE NUMBER VALIDATION STICKER NO. EXPIRATION DATE 6615AR 0148790 1/31/18 YR OF MFG. MAKE STYLE VEHICLE IDENTIFICATION NO. 97 MACK DT 1M2P267C2VM030169 GROSS WEIGHT UNLADEN WEIGHT ;;;: FUEL " '`"'AXLE$, " CARRIER TYPE 60000 2.6000._ D .. 4 EX ACCOUNT N0. ,FLEET NO. UNIT NO.. SU�PP NO. LIST PRICE. 10167 001' 3 J. .9`0,0:. 133;,935 OWNERS' DATES OF BIRTH-` USDO.T OF CARRIER'RESPQNSIBLE. FOR SAFETY 9:24395 BORACZEK SEP;TI:C. AND DRAIN INC 7 CHISHOLM RD '.... KINGSTON NH 038:4;8 REGISTRANT NAME AND ADDRESS BORACZEK SEPTIC & DRAIN;;'INC. 4 HAZEL.. DR HAMPSTEAD ' NH 03 8 41 The vehicle described hasbeen::proportionally registered between the State`of.New:Hampshire and the jurisdiction(s) shown below. Nojurisdictions are to be listed after the row of;aifi .isks;or card is invalid. This card must be carried in the vehicle to which is issued or be subject to confiscation; copies are not valid. AB 027216 AL 060000 AR .0.6..0.000 A7 060.0..00 BC .027216 CA 060000 CO 060000 CT 060000 D.0 060.:00.0 DE 060000 "FL 0.60,000 GA 060000 IA 060000 ID 06.0000 IL 06-q'0.00- TN.,0.600`00 KS 0,6'0000 KY 060000 LA, -:0.60000 MA 07.6000 MB 027216 MD 060000 ME '069000 MI 060000 MN 060000 MO 0600,00 MS 0.60000 MT 060000 NB.'027216 NC 060000 ND 060000 NE 06000`0 NJ 06000,0 NL. 02721.6,NM 060000 NS 027216 NV 060000 NY 060000 OH 06!0.0,0..0--.O...K:=O'60000 ON 027216 OR 060000 PA '060000 PE 027216 QC 4AXLE RI 060000 SC 060000 SD 060000 SK 027216 TN 060000 TX 060000 UT 060000 VA 060000 VT 060000 WA 060000 WI 060000 WV 060000 WY 060000 ** ****** ** ****** ** ****** ** ****** ** ****** ** ****** ** ****** ** ****** DATE 'ISSUED-. 1/27/17 OF NEW HAMPSHIRE APPORTIONED REGISTRATION PLATE NUMBER VALIDATION STICKER NO. EXPIRATION DATE 9597AR 0148793 1/31/18 YR OF MFG. MAKE STYLE VEHICLE IDENTIFICATION NO. 99 ORD TK IFTWW33FOXEB12577 GROSS WEIGHT UNLADEN WEIGHT _;;: FUEL`- ""''AXLES CARRIER TYPE 11200 .•70.0.0 G ... - 2 EX ACCOUNT NO. FLEET NO. UNIT NO.. SUPP N.O. LIST PRICE 10167 .001 8..,.:.;0 27/1Q0 OWNERS' DATES OF BIRTH. USDOT OF CARRIER, RESPONSIBLE FOR SAFETY, 924395 BORACZEK SEPTIC AND DRAIN INC 7 CHISHOLM RD - KINGSTON NH 038.48 REGISTRANT NAME AND ADDRESS BORACZEK SEPTIC & DRAIN INC 4 HAZEL.D.R -. HAMPSTEAD NH. 03'841. The vehicle described has been proportionally registered betwee:ri:the:State.bf New Hampshire and the jurisdictions) shown below. No jurisdictions are to be listed after the row of asterisks or card is invalid. This card must be carried in the vehicle to which is issued or be subject to confiscation; copies are not valid. AB '005080 AL 011200 AR.011200 AZ 011200 BC 005080 CA 011200 CO -.011200 CT 011200 DC .0;11200•:. DE 01120.0 FL 011200 GA 011200 IA 011200 ID 011200 IL -011.200 IN 011200 KS 011200 KY 011200 LA,;0.11200 MA 011200 MB 005080 MD 011200 ME 011200 MI 011200 MN 011200 MO 011`2,00 MS 01.1200 MT 01120.0: -NB -005080 NC 011200 ND 011200 NE 011200 NJ 01.12.00,..NL 00508.0. NM 011200 NS 005080 NV 011200 NY 011200 OH 01120`,,.OK,-011200 ON 005080 OR 011200 PA _011200 PE 005080 QC 2AXLE RI 011200 SC 011200 SD 011200 SK 005080 TN 011.200 TX 011200 UT 011200 VA 011200 VT 011200 WA 012000 WI 011200 WV 011200 WY 011200 ** ****** ** ****** DATE ISSUED: 1/27/17 OF NEW HAMPSHIRE APPORTIONED REGISTRATION L UMBER VALIDATION STICKER NO. EXPIRATION DATE 2809AR 0148786 1/31/18 YR OF MFG. MAKE STYLE VEHICLE IDENTIFICATION NO, 87 CK DT 1M2AY10Y7HM002417 GROSS WEIGHT UNLADEN WEIGHT,,._-, FUEL'' "'AXLES "'" CARRIER TYPE 60000 22`0.00'; ::. D ,, 4 Y EX ACCOUNT NO. .FLEET NO:. `UNIT`NQ. "' SUPP NO. LIST PRICE 10167 001. lA;=:.., `'>.: =.:0:0;0` 74'; 700 lb OWNERS' DATES OF BIRTH USDOTOF CARRIER RESPONSIBLE FOR SAFETY; ' 924395. BORACZEK S.EPTIC_AND DRAIN INC 7: CHISHOLM RD_-="_-. KINGSTON NH 03848 ' REGISTRANT NAME AND ADDRESS BORACZ.-EK SEPTIC & •:DRAIN 'INC ...`... 4 HAZEL,.DR : HAMPSTEAD NH'1.:03841. The vehicle described has been: pro portionally registered between.the State:of:New._Hampshire and the jurisdiction(s),shown below. No: jurisdictions are to be listed after the row,'of.asterisks or,, r card is invalid. This card must be carried in`the yehi6le to°which'is'issued orlbe`subjecYto corfsCat'ion; copies are not valid. AB- t'27216 AL 060000 AR:060000.AZ 0.600;0-0 BC 027216 CA 060000 CO 060000 CT 060000 DC .0`600. .VDE 06000-0 FL 060000 GA 060000 IA 060000 ID 060000 IL' `0.6:0000 IN .0,6.0000 KS 060000 KY 060000 LA ;060000 MA 076`0:. 0272.6 0,69000 MI ,: 060000M MN 060000 MO 0600.0`0 :MS 0,60000 MT :0`6000.0='NB '027216 NC 060000 ND 060000 NE 060000-°.NJ`-06.0.0:;00;..NL:.0272`1,6 NM 060000 NS 027216 NV 060000 NY 060000 Off"`0'6':0.:0,,;0;0_<:OK:.::0:60000 ON 027216 OR 060000 •PA060000 PE 027216 QC 4AXLE RI 060000 SC 060000 SD 060000 SK 027216 TN 060000 TX 060000 UT 060000 VA 060000 VT 060000 WA 060000 WI 060000 WV 060000 WY 060000 ** ****** ** ****** DAT EJ SSUEu: 1/27/17 State of New Hampshire REGISTRATION CERTIFICATE 3004A0208400 ide Reoistratlon cerlificat�pg d for tiggp g3g5 grgsnt taxe5.for which I am lia�I PLATE CE24722 E Y 80 TYPE CONEQ CD 5 VSN S133271 GVW 1$0000 E MAKE CAT MODEL BKHO BDY STL CONEQ CLR YEL P-01/31/2018 YEAR 2000 F O AXLES 2 LPNEW 47225 VIN 1YR00662 PP: PP TYPE SPd SP TYP DOB/ID LAST NAME SUFFIX FIRST NAME M BKSICDIN01 BORACZEK SEPTIC AND DRAIN����+� E OFFICIAL M OR R VALroAMN # 1849 REGISTRATION RENEWAL 27JAN2017 5015.0016 3004 3076 1 $25.00 .EGAL ADDRESS �HAZEL DR BORACZEK SEPTIC AND DRAIN INC 1AMPSTEAD NH 03841 4 HAZEL DR riANGE ADuRESS IN SPACE ABOVE HAMPSTEAD NH 03841 v15i5 S;cG G ,;,VY -Or TQ -NAL 'G�r.V I�Grr .5 Cr"FC.GrAEg UNGcfl,;AA OF V �5'lrG�r:F„a:�t=ri'vt: AUR5U4rli TO n5:. 6:�7; RETAIN FOR TAX PURPOSES i STATE FEES REGISTRATION S25.001 TOTAL DUE $25.00, MUNICIPAL FEES PERMIT FEE $25.001 CLERK 52.00; NOT VALID WITHOUT DIRECTOR'S SEAL: TOTAL DUE 527.00' ATTENTION: RSA 266:1 IV provides that newly! registered vehicles and vehicles; of which the ownership has been! transferred must be inspected within 10 consecutive days of the; registration date stamped on the; ................................ registration certificate. If a new! MUNICIPAL COMMENT: vehicle is purchased at retail from a licensed dealer the vehicle i•"'”'-""'"• •..... ............. .................... must be inspected no later than . Pursuant to RSA 261:55, the Director ; 20 days after the date of transfer. i must be notified in writing within 30 days when moving irom the address RDMV 344 (REV 02/08) OWNER'S COPY 's. Printed on this certificate. CERTIFICATE OF VOTE At aduly authorized meeting the Board of Directors of the 80ra.C2 e.�� Se, c, + t&'0LLYI'-InC-, held on it was VOTED, THAT ��W M'51011 (Name) ifi.2 vl�' (Officer) Of &rAaSeLc ,,,4 bfO�trl be and hereby is authorized to execute contracts and bonds in the name and on behalf of said �3orac2ekSe��}ic_,-? jY-&tn and affix its corporate seal hereto; and such execution of any contract or obligation in the name of �pYzXC'e&( ;epee IrQ.iv1. on its behalf by such officer under seal of �nome \c + brain shall be valid and binding upon 2orwc-te -aJA t 11 -CO n I hereby certify that I am the clerk of the above named n and that ZSMe—, & aJCS6 _ is the duly elected officer as above of said �(' [in , and that the above vote has not been amended or rescinded and remains in fAll force and effect as the date of this contract. I'd twin (Date) (Clerk) Certification of the Corporate Clerk 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. Signature &,-ItS lZar Z ok przc�L{ Print Name & Title Date�� l z 7 1J0Mr-ZtlC/S Seo�� Q/A,'v ivc Company Name CERTIFICATE OF TAX COMPLIANCE Pursuant to Chapter 62C of the Massachusetts General Laws, Section 49A (b), I � axvej p ract-_X , authorized signatory for lje_g c i t kScbA•, 0' DrOI'ti Zvi Name of individual Name of contractor do hereby certify under the pains and penalties of perjury that said contractor has complied with all laws of the Commonwealth 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. Signature y r4 N r 1 1 3e r 4c t e - /e 12/1 5,'P4 Print Name & Title Date l 13o m-cie,/( tS S27; -c :t— DI -4, -v /'.vim Company Name Snow Plowing and Snow Removal Services (rev October 2017) Page 25 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 Town for any damage resulting from a failure to comply with the Acts. Jq{titY3 /.>U/'�iGiG,� pjffav% ti� O�// Printed Name of Contractor Address of Contractor Signature of Contractor WORKER'S COMPENSATION STATEMENT (applicable if you are a 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 Worker's Compensation Insurance. 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. (Signature) (Date) Snow Plowing and Snow Removal Services (rev October 2017) Page 26 ACOORv® CERTIFICATE OF LIABILITY INSURANCE `...� DATE(MM/DD/YYYY) 10/26/2017 THIS 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 POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) 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 endorsement(s). PRODUCER CONTACT Robert Bean NAME: Bean Insurance Agency LLCPHONE (603)926-3830 FAX No): (603)926-0283 E-MAIL bob@beaninsurance.com ADDRESS: 151 Winnacunnet Road INSURERS AFFORDING COVERAGE NAIC # P.O. Bos 660 INSURERA:Ohio Security Ins Co 24082 Bampton NB 03843-0660 INSURED INSURERS :WBSt American IIIc Co 44393 Boraczek's Septic & Drain Inc INSURERC:The Ohio Casualty Ins Cc 24074 4 Hazel Drive INSURER O ACE Amercian Insurance Co INSURER E: 10/16/2017 Hampstead NH 03841 INSURER F: COVERAGES CERTIFICATE NUMBER:2017-2018 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP DD1YYM LIMITS ACLAIMS-MADE X COMMERCIAL GENERAL LIABILITY 7 OCCUR EACH OCCURRENCE $ 1,000,000 DAMAGERENTED 300 000 $ PREMISESS ( Ea occurrence r MED EXP (Any one person) $ 15,000 x BRS 57554662 10/16/2017 10/16/2018 PERSONAL& ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: g PRO - POLICY JECT F LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGO $ 2,000,000 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT$ 11000,000 BODILY INJURY (Per person) $ B ANY AUTO ALL OS X SCHEDULED AUTOS AUTOS S BAW57554662 10/16/2017 10/16/2018 BODILY INJURY Per accident $ ( ) X HIRED AUTOS 7C NON -OWNED AUTOS PROPERTY DAMAGE $ Per accide t Uninsured motorist combined $ 1,000,000 R UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 C EXCESS LIAB CLAIMS MADE DE S I RETENTION 10,000 $ X USOS7554662 10/16/2017 10/16/2018 D WORKERS COMPENSATIONPER AND EMPLOYERS' LIABILITY Y/ N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTI N OF OPERATIONS below N/A 13A 6S62US-9F68107-3-17 MA 5/2/2017 5/2/2018 H- B STATUTE ER EL. EACH ACCIDENT $ 100,000 E.L. DISEASE - EA EMPLOYEd $ 100,000 E.L. DISEASE - POLICY LIMIT 1 $ 500 000 DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached it more space is required) Re: Snow Plowing Certificate holder is listed as additional insured SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE North Andover Division of Public Works THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 384 Osgood Street ACCORDANCE WITH THE POLICY PROVISIONS. North Andover, MA 01845 AUTHORIZED REPRESENTATIVE Bob Bean ©1988-2014 ACORD CORPORATION. All rights reserved ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD INS025 (2omo1)