HomeMy WebLinkAboutContract #: 1050 - From: 01-12-2018 To: 04-30-2020 - Michael Bouchard - Town of North AndoverMm
TOWN OF NORTH ANDOVER
CONTRACT
(GOODS / SERVICES)
CONTRACT # I Q�v
DATE: o/ - a - aoi 61
This Contract is entered into on, or as of, this date by and between the Town of North
Andover (the "Town"), and
Contractor: l'vl,�_ �p� ave 13V4 Klr4n.*�S
Address:
Telephone Number: (9-1 (� ) C)—(S r,�J l
Fax Number:
1. 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.
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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 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 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
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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.
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.
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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
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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 Enforceability gainst 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
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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.
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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
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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 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 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 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 c149, §§26 to 27D (Prevailing Wage
Law), as shall be in force and as amended. The Contractor will, in addition to any other
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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. Pae
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 parties hereto upon the other parry 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
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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.
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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. c149, §27C, M.G.L. c149, §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 (25%) per
cent and shall be in compliance with Massachusetts General Laws c3013, §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 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
c149, §§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 c 149, §27B.
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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.
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IN WTINESS WHEREOF the parties have hereto and to two other identical instruments set
forth their hands the day and year first above written.
THE TOWN
Town Manage Date
APPROVED AS TO FORM:
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THE CONTRACTOR
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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.
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:
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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 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" 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
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RETAIN FOR TAX PURPOSES
STATE FEES
REGISTRATION $88.3:
STATE PARK PLATE S0.01
TITLE $0.0(
TOTAL DUE $88.3,
MUNICIPAL FEES
MOS/MILLS 12 3 $66.00
MOS/MILLS 0 0 $0.00
f
PERMITFEE
State of New Hampshire
AGENT
$3.00
Re istration certificate not valid for title ur oses. All resident taxREGISTRATIONeicfi ml able ave bteenTa d. 0864A017611 O
PLATE 3H39785
a,
TYPE PASS CD 1
MAKE GMC MODEL 3500 BDYSTL
VSN 0309666 GVW 9200
P 03/31/2018
atgrYEAR
1998 FG AXLES2 LP NEW 22100
PP#
PKUP CLR 1/1i}jj
VIN 1GTHK34R7WF051489
$0.00
PP TYPE
DOBAD LAST NAME SUFFIX FIRST NAME P# M SP TYPE
w
03!15/1971 BOUCHARD MICHAEL B
N
��Yy �yy �6
IV.fI,S.®.M■ 1l
E
s
OFFICIAL DIRECTOR
--—
VALIDATION # 2585
RG�EW REGISTRATION
NOT VALID WITHOUT DIRECTOR'S SEAL
28MAR20175020.00030864 8886 1
$88,32 ATTENTION:
LEGAL ADDRESS
21 BUTLER ST
MICHAEL B BOUCHARD
RSA 266:1 IV provides that newly
registered vehicles and vehicles
of which the ownership has
SALEM NH 0307921
BUTLER ST
been
transferred must be inspected
within 10 consecutive days of the
SALEM NH 030793913
registration date stamped on the
registration certificate. If a new
CHANGE ADDRESS IN SPACE
ABOVE
vehicle is purchased at retail from
a licensed dealer the vehicle
. (T)IIS APPLICATION IS SIGNED AND
must be inspected no later th
RETAIN FOR TAX PURPOSES
STATE FEES
REGISTRATION $88.3:
STATE PARK PLATE S0.01
TITLE $0.0(
TOTAL DUE $88.3,
MUNICIPAL FEES
MOS/MILLS 12 3 $66.00
MOS/MILLS 0 0 $0.00
PERMITFEE
$66.00
AGENT
$3.00
CLERK
$2.00
LOCAL TITLE
S0.00
TRANSFER
$0.00
TRANSFER CREDIT
$0.00
TOTAL DUE S71.00
MUNICIPAL COMMENT:
Receipt: 249282;
ANY ADDITIONAL 30 days after the date of transfers Pursuant to RSA 261:55, the Director
MFORMATION IS OFFERED UNDER PENALTYMALTYOOF
UNSWORN FALSIFICATION PURSUANT TO RSA 641:3) must be notified in writing within 30 days
ROMV 344 (REV 02108)when moving from -the address printed
-----__,_ OWNER'S COPY on the registration certificate.
I
State Of New Hampshire REGISTRATION CERTIFICATE 0864AO176109
Registration certificate not valid for title purposes All resident taxes for which I am liable have been paid.
PLATE 2819448 TYPE PASS CD 6 VSN 0309665 GVW 9900 X 03/31/2018
MAKE FORD MODEL F350 BDYSTL PKUP CLR BLU P
YEAR 2002 FG AXLES 2 LP NEW 26)900 VIN 1 FTSX31 L82EC66418 c
PPO PP TYPE SP# SP N.H.S.®• " M.V.
DOB/ID LAST NAME SUFFIX FIRST NAME M
w 03/15/1971 BOUCHARD MICHAEL B OFFICIAL DIRECTOR
E VALIDATION # 2585
R
S
LEGALADDRESS
21 BUTLER ST
SALEM NH 03079
RENEW REGISTRATION
28MAR2017 5020.0002 0864 8886 1 $95.04
NOT VALID WITHOUT DIRECTOR'S SEAL
ATTENTION:
RSA 266:1 IV provides that newly
registered vehicles and vehicles
Of which the ownership has been
MICHAEL B BOUCHARD transferred must be inspected
within 10 consecutive days of the
21 BUTLER ST registration date stamped on the
registration certificate. If a new
SALEM N H 030793913 vehicle purchased at retail from
a licensed deafer the vehicle
CHANGE ADDRESS IN SPACE ABOVE must be insped no later than
cte
30 days after the date of transfer.
(THIS APPLICATION IS SIGNED AND ANY ADDITIONAL
INFORMATION IS OFFERED UNDER PENALTY OF RDMV 344 (REV 02f08) OWNER'S COPY
X
UNSWORN FALSIFICATION PURSUANT TO RSA 6413)
RETAIN FOR TAX PURPOSES
STATE FEES
REGISTRATION 595.04
STATE PARK PLATE S0.00
TITLE S0.00
TOTAL DUE $95.04
MUNICIPAL FEES
MOS/MILLS 12 3 $81.00
MOS/MILLS 0 0 $0.00
PERMIT FEE
$81.00
AGENT
53.00
CLERK
$2.00
LOCALTITLE
$0.00
TRANSFER
$0.00
TRANSFER CREDIT
$0.00
TOTAL DUE 586.00
MUNICIPAL COMMENT:
Receipt: 249282;
Pursuant to RSA 261:55, the Director
must be notified in writing within 30 days
when moving from the address printed
on the registration certificate.
e `g• � t7`
State of New Hampshire REGISTRATION CERTIFICATE 0864AO176111
Registration certificate not valid for title purposes All resident taxes for which I am liable have been paid.
PLATE4010565 TYPE PASS CD 8 VSN 0309667 GVW 8800 X 03/31/2018
MAKE FORD \ MODEL F-250 BDYSTL PKUP CLR SIL P
YEAR 1999 FG AXLES 2 LP NEW 23400 VIN 1 FTNX21 L1 XED69419
PP# PP TYPE SP9 SP TYPE
DOB/ID LAST NAME SUFFIX FIRST NAME M MAK
Yo
0311 5/1 97 1 BOUCHARD MICHAEL B
N OFFICIAL DIRECTOR
RVALIDATION # 255
S
RENEW REGISTRATION NOT VALID WITHOUT DIRECTOR'S SEAL
ATTENTION:
28MAR2017 5020.0004 0864 8886 1 $84.48 RSA 266:1 IV provides that newly
registered vehicles and vehicles
of which the ownership has been
LEGALADDRESS
21 BUTLER ST
SALEM NH 03079
CHANGE ADDRESS IN SPACE ABOVE
MICHAEL B BOUCHARD
STATE FEES
transferred must be inspected
within 10 consecutive days of the
21 BUTLER ST
$84.48
registration date stamped on the
registration certificate. If a new
SALEM NH 03079U13
TITLE
vehicle is purchased at retail from
a licensed dealer the vehicle
TOTAL DUE
584.48
must be inspected no later than
MOS/MILLS 12 3 $70.00
30 days after the date of transfer.
IT IS APPLICATION IS SIGNED AND ANY ADDITIONAL
INFORMATION IS OFFERED UNDER PENALTY OF ROMV 344 REV 02fg8
UNSWORN FALSIFICATION PURSUANT TO RSA 641:3) L�-� `-- ) OWNER'S COPY
RETAIN FOR TAX PURPOSES
STATE FEES
REGISTRATION
$84.48
STATE PARK PLATE
50.00
TITLE
$0.00
TOTAL DUE
584.48
MUNICIPAL FEES
MOS/MILLS 12 3 $70.00
MOS/MILLS 0 0 $0.00
PERMIT FEE
$70.00
AGENT
$3.00
CLERK
$2.00
LOCAL TITLE
$0.00
TRANSFER
$0.00
TRANSFER CREDIT
$0.00
TOTAL DUE
$75.00
MUNICIPAL COMMENT:
Receipt: 249282;
Pursuant to RSA 261:55, the
Director
must be noted in writing within 30 days
when moving from the address printed
on the registration certificate.
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 Date
11. b-F1P,VftAn G0- o`" .-W) �hGE�.r-.ice ��i.e �, `►^ �� G6'
Print Name & Title Company Name
CERTIFICATE OF TAX COMPLIANCE
Pursuant to Chapter 62C of the Massachusetts General Laws, Section 49A (b), I
/r1:G�i�oe� evvs.liar4 PPA IMICh el 0 0,h,,J PbA
Ardn,,-s F v &5Pa►,4,1- S Cb; authorized signatory for le,;,, est pp,, -t,'"S GO,
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
hi. c tip.<
Print Name & Title
1.2-17
A / 13, V C R ,o r -c/ ,0/3 A
AhZ�i�A,v esk
Company Name
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
Town for any damage resulting from a failure to comply with the Acts.
/yjrc4,are% BO—A-s, POA
Av,do�,r %,Zs6 ft, -,hoot' Gd• Z ( 13 Ur 1-tr S�. Shl�ewo n. ],�• o 0-7 9
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,
(Name of Owner)
(Name of Company)
the owner and operator of
located in
(Name of City/Town)
have no employees and am thus not required to maintain Worker'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.
(Signature)
(Date)
Snow Plowing and Snow Removal Services (rev October 2017) Page 26
MICHROU_01
TrnT =4
'`, 0PRIDO9 CERTIFICATE OF LIABILITY INSURANCE
DA
TYPE OF NMRANCE
12i2ono17
1212012017
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 ADDITIONALINSURED. the Policy(les) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to tfie tarns and Conditions ofthe policy, Certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder In lieu of such endorseyt s .
PRODUCER
kELACT
Bearingstar Insurance, Inc.
60 Burlington Mall RoadP
Sults 111
Burlington, MA 01803
cA i�. : 617) 876.9454 F No : 81 272-0730
X ONNERCWLGENERALLAsum
xAxASMAE Qo
WwRERMAFFORDINc;cOVmGE MAIC
INProtection Ins Co 41360
INSURED
Michael Bouchard
INSURER 6:
INSURER C:
DBA Andovers Finest Painting Company
21 Butler Street
INSURERD:
Salem, NH 03079
wsuR>atE:
MStIRERF
PRODU� _CO�yDP� 2,000,000
rc>_w�run u
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMEDABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOROTHERDOCUMENTV9THRESPECTTOWHICH 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 HAVEBEEN REDUCED BY PAID CLAIMS.
INSR
TYPE OF NMRANCE
AOM
am
b'IV O
POLICY NUMBER
POLICY EFF
0/31/2017
POLICY01P
LIMITS
A
X ONNERCWLGENERALLAsum
xAxASMAE Qo
4
1013112018
EACHOCCURRENCE 1,000,000
l 100,000
nnEDEXP Ar onea n 5,000C
PMSONAL A ADV WAi 1,000,000
GENLAGGREGATE LIMIT APPLIES PER;
X POLICY ElElLoc
I
GEN AGGREGATE S 2,000,000
PRODU� _CO�yDP� 2,000,000
AUTOMOBILE UABILRY
ANY AUrO
OWNED AUTOS AUTOS LED
p�N.py�,��
ATP
AUt`OS ONLY /1UT SO ONLY
OMBW%SNGLELIMIT s
BODILY INJURY er cram,
eDDar I (Par s
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UAELBEUA LAB
EXCESS LIAS
OCCUR
CLAIMS -MADE
EACH OCCURRENCE i
DEO' RETENTION S
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A OEMPLOYERS' LIAe(LRY yyY I N
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DES ON OFOPERATIO
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E.L. DISEASE -EA rtMpLoyEE S
ElDISEASE -POUCY LIMIT
DESCRWi10N OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Add{tlwral Reaorld Sdhedutq may M atacfied Nlaare apace b ne indl
Certificate holder Is Included as Additional Insured per written contract
Town of North Andover
DPW
384 Osgood St
North Andover, MA 01845
..w..a — Iw , ww)
SHOULD ANYOF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, N40TICE WILL BE DELIVERED IN
ACCORDANCE VffM THE POLICY PROVISIONS.
AUTHORMED REPRESENTATIVE
®1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks ofACORD
,4�oaoFINSURANCE BINDER
°"'�Itr1=17
DEDUCTMU
COWS% AMOUNT
THIS BlINDER IS A TEMPORARY INSURANCE CONTRACT SUBJECT TO THE CONDITIONS SHOWN ON THE REVERSE SIDE OF THIS FORM.
AGENCY
COMPANY
BINDER#
Fred C. Church, Inc.
Yelmo»LAivNali>ztmmmceComAaaY
GENERAL LIABILITY
COMMERCIAL GENERAL UASUrY
CLAIMS MADE M OCCUR
I
41 Wellman Street
DATE EFt:ECTNE T[ME
EXPIRATION
m TIME
Lowell, MA 01851
(800) 225.1865
11!13/2017
12:01
R
AM
1 U23/20I8
X
IZOI AM
BODILYWJURY ftpman) $ 250,000
BODILY INJURY (Per aoddad) $50-000
PROPERTYDAMAGE S 250,000
I ....—PAYMENTS 15 5,000
PM
UNINSURED MOTORtsT S 250,000
UNINSURED MOTORIST § 500,000
NOON
PHONNo ($00)225-1865 FAX N .,078)454-!865
ACTUALCASNVALUE
STATEDAMOUNT 5
OTHER
THIS BROER ISISSUED TO EXPEND COVERAGE IN THE ABOVE NAMED COMPANY
PER EMRINO PCUCY#:
CODE SUB CODE:
CUSTOMER Do 72015
DESCRIPTION OF OPUMMONNVEHICLE89%OPERTV (IndtMhp Location)
INSURED
2002 Ford F350 1FTSX31L82BC66418
Michael Bouchard
EXCESS LIABILITY
UMBRELLAFORM
OTHER THAN UMBRELLA FORM
DBA Andovers Finest Painting Company
1999 Ford F250 1lfr7b X21L1XZD69419
21 Butler Shit
SELF-INSUREO RETENTION
Salem, NH 03079
1998 GMC Sierra 3MO 1G7SR34R7WF0511B9
COVERAGES LIMITS
TYPE OF INSURANCE
COVERAGWORMS
DEDUCTMU
COWS% AMOUNT
PROPERTY CAUSES OF LOSS
BASIC M BROAD I SPEC
384 Osgood St
AUTHORIZEDREPRESENTATIVE
North Andover, MA 01845
GENERAL LIABILITY
COMMERCIAL GENERAL UASUrY
CLAIMS MADE M OCCUR
I
I
RETRO DATE FOR CLAIMS MADE
S
EACH OCCURRENCEDAMAGETO
I'ES S
MED ENP (Airy one penmrr S
PERSONALS ADV INJURY §
GENERAL AGGREGATE S
PRODUCTS- COMPIOP AGG S
AUTOMOBILE UABILTTY
ANY AUTO
ALL OWNED AUTOS
SCHEDLILEDAUTOS
HIRED AUTOS
NON -OWNED AUTOS
COMBINED SINGLE LIMIT 5
BODILYWJURY ftpman) $ 250,000
BODILY INJURY (Per aoddad) $50-000
PROPERTYDAMAGE S 250,000
I ....—PAYMENTS 15 5,000
PERSONALINJURYPROT $
UNINSURED MOTORtsT S 250,000
UNINSURED MOTORIST § 500,000
AUTO PHYSICAL DAMAGE DEDUCTIBLE
COLLISION:
OTHER THAN COL:
PALL VEHICLES U SCHFDULEDVEHICLES
ACTUALCASNVALUE
STATEDAMOUNT 5
OTHER
GARAGE LIABILITY
ANY AUTO
AUTO ONLY - EA ACCIDENT S
OTHER THAN AUTO ONLY:
EACH ACCIDENT 5
AGGREGATE S
EXCESS LIABILITY
UMBRELLAFORM
OTHER THAN UMBRELLA FORM
I RETRO DATE FOR CLAIMS MADE:
EACH OCCURRENCE S
AGGREGATE S
SELF-INSUREO RETENTION
WORKER!SCOMPENSATION
AND
EMPLOYEWSLLIBRJTY
I
WC STATUTORY LIMITS
E.L. EACH ACCIDENT S
ELOISEASE-EAEMPLOYEE S
_
EJ- DISEASE -POUCYLIMIT S
Policy Term 11/23/2017 - 11/23/2018
OTHER
COVERAGES
FEES $
TAXES s
ESTIMATEDTOTAL PREMIUM $
MA1Uu= JL AnnDM-44
Town of North Andover
MORTGAGEE 1 ADDITIONAL INSURED
LOSS PAYEE
LUAN#
DPW
384 Osgood St
AUTHORIZEDREPRESENTATIVE
North Andover, MA 01845
ACORD 75 (2004109) NOTE: IMPORTANT STATE INFORMATION ON REVERSE SIDE IPACORD CT7RI'URAI IOW 'IUVJi ZUU4
Rarm Bevis. CISR, CPIA
CERTIFICATE OF LIABILITY INSURANCE
°A'E(MMIDDMYq
12/19/2017
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTTFlCATE 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 pollcy(fes) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the poBcy, certain policies may require an endorsement A statement on this cedificate does not confer rights to the
certffhats holder In lieu of such endorsement(s).
PRODUCER
TraCY Cote
BEARINGSTAR INSURANCE
PHOS 888 49148466 7F
tracy.cateCtIsarIngstar.cm
M
111 TORREY ST
Braddon MA 02301
AFFORDINS COVERAGE Noc e
MURMA: AIM MUTUAL INS CO 33758
INSURED
Michael Bouchard
INSURERS:
tNsflRERC:
DBA Andovers Finest Painting Company
INSURERO
21 Butler Street
INSURERE-
Salem, NH 03079
INSURER F
COVERAGES CER71RCATF NUMBER- 79d1g7 0cm Inu r.nraroa:o.
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.
LLT
TYPE OF INSURANCE
POLICYNUMSBt
M
Urns
COMMERCIAL GENERALLIABICITY
CLAIMSaAADE F-1 OCCUR
EACHOC CURRENCE S
Ey—
PREMISESnm S
MED E)(P one eraw) S
WA
PERSONAL &Ar/IWURY S
GENL AGGREGATE LIMIT APPLIES PER
11 PRO-
OENERIILAGOFiEGATE S
PROIAICTS-COMPlOPAGG S
POLICY LDC
S
OTHEFL
AUTOMOBItFUABILITY
I $
ANYALITO
BOMYINJURY(Perpat" S
ALLOWNED SCHEDULED
AUTOS AUTOS
WA
BCDILYINJURY Feraoddent) $
®
HIRED ALTOS AUTOS
PROS TY DAMAGE S
s
UMBRELiAUAB
OCCUR
EACHOCCURRENCE S
EXCESS UAB
CLAIMS -MADE
N/A
AGGREGATE S
DED RETENTION S
S
WORKERS COMPENSATIONx
OTH-
D0MPLOYERWLIABILDY YIN
TA
E.LEACH ACCIDENT $ 1,000,000A
o�aRIPARTNERtExE
r�taEREXCLUDE137
WA
WA
AWC40070242042017A
04/27=17
47/2016
E.LDISEASE- EAEMPLOYEE $ 1.000,000
(MandworyloNH1
-V's
MgEyyaar�,desr�srmder
E.LDMEASE-POLICY UNIT S 1,000,000
OF ONS LNOW
NIA
DESCRIPTION OF OPERATIONS I LOCATIONS J VEHICLES (ACORD 101, Addataaat Rawarlm SdhedWa, may be attacher F mom apace is required)
Wodo rs' Compensation benaftts Will be paid to Massachusetts employees only. Pursuant to Endorsement WC 20 03 06 B, no aUkaftalion Is gtmn to pay dslms for beneSts to
employees In states other than Massachusetts If the Insured h1res, or has hoed those employees outside of Massachusetts.
This certificate of Insurance shows the poffq in forte on the data that this cattiflcate was Issued (unless the expiration date on the above policy, precedes the Issue date of this
Certificate of insurance). The status of ft overage can be mont6oled dally by accessing the Proof of Coverage- Coverage VaTfiwtion Search toot at
www.masa.govliwd/workers-compensadonAmre3%attonst.
Sole proprietor has not elected coverage.
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EKPIRATiON DATE THEREOF, NOTICE WILL BE DELIVERED IN
Town of North Andover ACCORDANCE V TH THE POLICY PROVISIONS.
364 Osgood St
AUTHORIZED tIEPRIESEJ {'ATNF
North Andover MA 01845 `""
I Danid M., CPCU, Vice President—Residual Market— WCRIBMA
01988-2014 ACORD CORPORATION. All rights mnarvad
ACORD 25 (2014101) The ACORD name and logo are registered marts of ACORD
r '0
Form -9
Request for Taxpayer
Give form to the
(Rev. October 2007)
Identification Number and Certification
requester. Do not
Department of the Treasury
send to the IRS.
Internal Revenue Service
c\i/Y1t'G�rpf✓�
Name (as shown on your income tax re/turn)
�DVGjnc rGF 010PA ph 5 �`,���' x�,ti•�` CSD
CL
Business name, if different from above
C:
0
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Check appropriate box: Individual/Sole proprietor ❑ Corporation ❑ Partnership
.5`
0
❑ Limited liabilit com an . Enter the tax classification D=disre arded entity, C=cor oration, P=partnership) ► _-_-_-_
Y company. ( 9 Y P P P)
❑ Exempt
L
o 2
❑ Other (see instructions) ►
c
a
Address (number, street, and apt. or suite no.)
Z G3vI�s'st
Requester's name and address (optional)
0
City, state, and ZIP code
N
�
S W -9--f"\ 01 J- 0361"1
List account number(s) here (optional)
Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box. The TIN provided must match the name given on Line 1 to avoid Social security number
backup withholding. For individuals, this is your social security number (SSN). However, for a resident
alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is
your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3. or
Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose Empl yer identification number
number to enter. r ; 3 '�3 6 56
Certification
Under penalties of perjury, I certify that:
1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and
2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal
Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has
notified me that I am no longer subject to backup withholding, and
3. 1 am a U.S. citizen or other U.S. person (defined below).
Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup
withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply.
For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement
arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the Certification, but you must
provide your correct TIN. See the instructions on page 4.
Sign Signature of
Here I U.S. person ► �/� Date ►/-e f,y
General Instructions
Section references are to the Internal Revenue Code unless
otherwise noted.
Purpose of Form
A person who is required to file an information return with the
IRS must obtain your correct taxpayer identification number (TIN)
to report, for example, income paid to you, real estate
transactions, mortgage interest you paid, acquisition or
abandonment of secured property, cancellation of debt, or
contributions you made to an IRA.
Use Form W-9 only if you are a U.S. person (including a
resident alien), to provide your correct TIN to the person
requesting it (the requester) and, when applicable, to:
1. Certify that the TIN you are giving is correct (or you are
waiting for a number to be issued),
2. Certify that you are not subject to backup withholding, or
3. Claim exemption from backup withholding if you are a U.S.
exempt payee. If applicable, you are also certifying that as a
U.S. person, your allocable share of any partnership income from
a U.S. trade or business is not subject to the withholding tax on
foreign partners' share of effectively connected income.
Note. If a requester gives you a form other than Form W-9 to
request your TIN, you must use the requester's form if it is
substantially similar to this Form W-9.
Definition of a U.S. person. For federal tax purposes, you are
considered a U.S. person if you are:
• An individual who is a U.S. citizen or U.S. resident alien,
• A partnership, corporation, company, or association created or
organized in the United States or under the laws of the United
States,
• An estate (other than a foreign estate), or
• A domestic trust (as defined in Regulations section
301.7701-7).
Special rules for partnerships. Partnerships that conduct a
trade or business in the United States are generally required to
pay a withholding tax on any foreign partners' share of income
from such business. Further, in certain cases where a Form W-9
has not been received, a partnership is required to presume that
a partner is a foreign person, and pay the withholding tax.
Therefore, if you are a U.S. person that is a partner in a
partnership conducting a trade or business in the United States,
provide Form W-9 to the partnership to establish your U.S.
status and avoid withholding on your share of partnership
income.
The person who gives Form W-9 to the partnership for
purposes of establishing its U.S. status and avoiding withholding
on its allocable share of net income from the partnership
conducting a trade or business in the United States is in the
following cases:
• The U.S. owner of a disregarded entity and not the entity,
Cat. No. 10231X Form W-9 (Rev. 10-2007)