HomeMy WebLinkAboutContract #: 1376 - From: 10-01-2020 To: 04-30-2023 - Wildwood Excavations - DPW Town of North Andover Division of Public Works
Specifications for Snow Plowing and Removal Services
3 Year Contract - October 2020 through April 2023
1. 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 THREE (3) YEARS from the date of contract execution. If for
any fiscal year or any part thereof during the term of this Agreement, funds for the discharge of the
Town's obligations under this Agreement are not appropriated and authorized, or funds so
appropriated and authorized are reduced or withdrawn, then this Agreement shall terminate.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:
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).
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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 winter season which are hereby
incorporated into and made part of this Agreement.
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 as stated on Supplement "S" of 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 9,10,& 11 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 May 1 of the contract period, the
CONTRACTOR(S) shall:
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, as
supplied by the Town of North Andover, while said vehicle/equipment is working under the terms
of this agreement. ALL vehicles/equipment require a GPS. If additional or different connectors
for GPS units are required, the Town will provide upon request.
5.6. Responsibilities during a Snow Plowing Operation.
5.6.1. Once the Town has called a snow plowing operation, the CONTRACTOR(S) shall:
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A. Arrive at the Highway Garage no later than 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 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.
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 May 1 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 Towns 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;
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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 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 .with a GPS unit and power cord/adapter for each
vehicle/equipment under this contract. ALL vehicles/equipment require a GPS. If additional or different
connectors for GPS units are required, the Town will provide upon request.
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.
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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.
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 as it begins is $2.612/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
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TOWN OF NORTH ANDOVER
Contract
Date:
To be dated by the Town Manager upon execution
This Contract is entered into on, or as of, this date and between the Town of North Andover (the "Town"), and
Contractor: /0
Address:
. f
Telephone/Mobile Number: 7 Y'll Fax:
1. This is a Contract for the procurement of the following:
Snow Plowing and Removal Services in accordance with the specifications attached hereto and made
a part hereof.
2. The Contract price to be paid to the Contractor by the Town of North Andover is:
Per the hourly rates established for this Contract (see Plow Rate Attachment).
3. Payment will be made as follow:
Within thirty (30) days of receipt of an approved invoice.
4. Definitions:
4.1. Acceptance: All Contracts require proper acceptance of the described good 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.
4.2. Contract Documents: All documents relative to the Contract including (where used) Instructions to
Bidders, Proposal Form, General Conditions, Supplementary General Conditions, General
Specifications, Other Specifications included in Project Manual, Drawings, and all Addenda issued
during the bidding period. The Contract documents are complementary, and what is called for by any
one shall be as binding as if material, 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.
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.
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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 for Specifications of this work,
but does not include on who merely furnished material not so worked.
4.7. Work: The services or materials contracted for, or both.
4.8. GPS: Global Positioning System and/or related equipment including charger and accessories used for
tracking contracted vehicles and equipment.
5. Term of Contract and Time of Performance:
This Contract shall be fully performed by the Contractor in accordance with the provisions of the Contract
Documents on or before THREE YEARS FROM THE DATE OF CONTRACT EXECUTION, unless extended
pursuant to the 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.
5.1. At the start of each new snow season, on or about October 15th, the Contractor(s) must update and turn
in the following: the application for Snow Plowing and Removal Services (page 3), registration copies
for each vehicle being used for the upcoming season, an updated insurance certificate, and an updated
W-9 form.All completed forms and updated documents shall be turned into the Division of Public Works.
Also at this time the determination for fuel adjustment will be made.
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. In the absence of appropriation, the Contract shall be immediately
terminated without liability for damages, penalties or other charges.
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 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, orwhen 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:
8.3.1. Any material misrepresentation made by the Contractor to the Town;
8.3.2. 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
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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 provisions 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 state law and/or regulations, and Town bylaw and or regulations.
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 Contractor 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 General laws are
incorporated by reference into this Contract, including but not limited to, the following:
I. General Laws Chapter 30B— Procurement of Goods and Services.
II. General Laws Chapter 30, Sec. 39, et seq: Public Works Contracts.
III. General Laws 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,
this Section shall be understood to 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 tribunal 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 Drawing, Specifications or Contract for this work in violation of 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, regulation, orders and
decrees; and shall protect and indemnify the Town of North Andover, and its duly appointed agents
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against any claim or liability arising from or based on any violation whether by him or its agents,
employees or sub-contractors 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 Chapter 268A), 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.c.268A 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 sub-contractors 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
Chapter 62C, Section 49A (Requirement of Tax Compliance by all Contractors Providing Goods, Services,
or Real Estate Space to the Commonwealth or Subdivision).
13. Discrimination:
The Contractor will carry out the obligation of this Contract in full compliance with all of the requirements
imposed by or pursuant to General Laws Chapter 151 B (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.
14. Assignment:
Assignment of this Contract is prohibited, unless and only to the extent that assignment is provided for
expressly in the Contract Documents.
15. Condition of Enforceability Against the Town:
This Contract is only binding upon, and enforceable against, the Town if: (1) the Contract is signed by the
Town Manager or its designee; and (2) endorsed with approval by the Town Accountant as to appropriation
or availability of funds; and (3) endorsed with approval by the Town Counsel as to form.
16. Corporate Contractor:
If the Contractor is a corporation, it shall endorse upon this Contract (or attach hereto) its Clerk's Certificate
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, Chapter 181,
Section 3 and 5, and any Acts and Amendments thereof, and in addition thereto, relating to 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.
17. 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.
18. Indemnification:
The Contractor shall indemnify, defend and save harmless the Town, its officers, 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 attorney's fees)
brought or recovered against them 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,
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sub-contractors, 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, sub-contractors 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.
19. Worker's 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.
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 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
before the same shall be binding on the parties thereto, except if specifically waived by the Town.
20. 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 Chapter 66A of
the General Laws of Massachusetts as it 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 other to use, in whole or in part, any report, 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 at the termination of this Contract. 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.
21. 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 off 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.
22. Payment:
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The Town agrees to make all reasonable efforts to pay 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.
23. 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 Agreement,
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, not in any
manner limit the legal or equitable remedies available to that party. No waiver by either party or any default
or breach shall constitute a waiver of any subsequent default or breach of a similar or different matter.
24. 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. Any and all proceeding or actions relating to subject matter herein shall be
brought and maintained in the courts of the Commonwealth or federal district court sitting in the
Commonwealth, which shall have exclusive jurisdiction thereof. This paragraph shall not be construed to limit
any other legal rights of the parties.
25. 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 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 certified or registered mailing properly addressed. Notice to the
Contractor shall be deemed sufficient if sent to the address set for the in the Contractor and to the Town of
North Andover by being sent to the Town Manager, Town Hall, 120 Main Street, North Andover MA 01845.
26. 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).
27. 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.
28. Supplemental Conditions:
The foregoing provisions apply to all contracts to which the Town of North Andover shall be a party. One of
the following "Supplements" must be"checked" as applicable to this Contract, shall be attached hereto, and
shall in any event apply as the nature of the Contract requires. The Supplement contains additional terms
governing the Contract:
[ ] GOODS
SUPPLEMENT "G"—Applicable to Contracts for the procurement of Goods
(governed by the provisions of General Laws Chapter 3013)
[X] SERVICES
SUPPLEMENT "S"—Applicable to Contract for the procurement of Services
(governed by the provisions of General Laws Chapter 3013)
Snow Plowing and Removal Services-revised October 2020 Page 1S
[ ] CONSTRUCTION
SUPPLEMENT "C —Applicable to Contracts for Construction
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
Di i on/Department Head Company Name
Contract Manager
Town Manager Date �� Signature Date
Print Name & Title
APPROVED AS TO FORM:
/o6�Counsel Date
CERTIFICATION AS TO AVAILABILITY OF FUNDS:
r
Town Acco ntant Date
Snow Plowing and Removal Services-revised October 2020 Page 16
SUPPLEMENT "S"
1. This form supplements the general provisions of the Contract between the Town of North Andover,
f
and �, ��' , � p 4 ® , which Contract is a contract for the
procurement of services.
2. "Services":
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.
3. Change Orders:
Change orders for contracts subject to Massachusetts General Laws Chapter 30B may not increase
the quantity of services by more than twenty-five percent (25%), in compliance with General Laws
Chapter 3013, § 13.
4. 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 Chapter 151, § 1, et esq. (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 provision of General Laws Chapter 149, 26 to 27D (Prevailing Wage), as shall be in force
and as amended.
5. Insurance:
The Contractor shall obtain and maintain the following insurance:
5.1.Workers Compensation Insurance of the scope and amount required by the laws of the
Commonwealth of Massachusetts.
5.2.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.
5.3.Automobile Liability Coverage, including coverage for owned, hired, or borrowed vehicles with
limits of at least $250,000 per person, and $500,000 per accident.
5A.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.
Snow Plowing and Removal Services - revised October 2020 Page 17
5.5.All required insurance shall be certified by a duly authorized representative of the insurers on
the "MIIX 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 the Agreement.
5.6.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.
6. Indemnification:
The Contractor shall indemnify, defined and save harmless the Town, its officers, agents and
employees, from and against any and all damages, liabilities, action, suits, proceedings, claim,
demands, losses, costs, expenses, recoveries and judgments of every nature and description
(including reasonable attorneys' fees) brought or recovered against them that may rise 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 wither 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 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 this indemnification.
APPROVED AS TO FORM ONLY: TOWN OF NORTH ANDOVER
Town Counsel Town Manager
I CERTIFY THAT FUNDS ARE AVAILABLE
IN ACCOUNT NO.
D Vp rtment/Division Head
To ountant
The CONTRACTOR:
Date:
Snow Plowing and Removal Services-revised October 2020 Page 18
CERTIFICATE OF VOTE
(to be filed if Contractor is a Corporation)
At a duly authorized meeting, the Board of Directors of the
(Company Name)
held on d' A4 it was
(Date of Meeting)
VOTED THAT
za
(Name of Appointee) (Title)
of Cc be and herby is authorized to execute contracts and bonds in the
(Company Name)
name and on behalf of said -W11 1 ('4&1 116 re and affix its corporate seal hereto; and
(Company Name)
such execution of any contract or obligation in the name of .�� -" .on its
(Company Name)
behalf by such officer under seal of shall be valid and binding
(Company Name)
upon
(Company Name)
I herby certify that I am the Clerk of the above named , r. and
(Company Name)
that.-; is the duly elected officer as above of said
(Name of Appointee)
and that the above vote has not been amended or rescinded and
(Company Name)
remains in full force and effect as of the date of this contract.
(Date) (Clerk of Company)
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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
Print Name &Title Company Name
CERTIFICATE OF TAX COMPLIANCE
Pursuant to Chapter 62C of the Massachusetts General Laws, Section 49A (b), I
authorized signatory for
Printed 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 Date
Snow Plowing and Removal Services -revised October 2020 Page 20
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.
Printed Name of Contractor Address of Contractor
Signature of Contractor
/V
WORKERS COMPENSATION STAT NT /#
(only if applicable-you are a sole proprietor& do not have worker's pensation insurance)
I, "° the owner and operato f �
(Printed Name of O (Company Name)
located in .1 , have employees and am thus not required to
(City where Co. is located)
maintain Worker's Compensation Insur ce.
I accept full medical responsib' ' for any injury I sustain while performin rk for the Town of North
Andover as an independe ontractor during the term of this Contract.
Signatures1 Title
Snow Plowing and Removal Services-revised October 2020 Page 21
TOWN OF NORTH ANDOVER PLOW RATES
(Notification of pricing adjustments will be sent in writing prior to each season)
2020-2021 WINTER SEASON
2021-2022 WINTER SEASON — to be determined
2022-2023 WINTER SEASON to be determined
........... ........
EQUIPMENT TYPE — SNOW PLOWING HOURLY
RATE
4 wheel drive pickup truck — minimum Y4 ton — 8' Plow $74.62
6 Wheel dump — 9' Plow — GVW 16,000 or less $87.86
............. .......
6 Wheel dump — 10' Plow — GVW 16,001 — 24,999 $91 .47
............
6 Wheel dump — 10' Plow — GVW 25,000 — 36,000+ $114.34
..................... .............. .................
6 Wheel dump — 12' Front Plow & 9Wing — GVW 25000-36000 $140.82
10 Wheel dump — 12' Plow $127.58
10 Wheel dump — 12' Plow & Wing $154.06
Tri-axle dump — 12' Plow $127.58
Tri-axle dump — 12' Plow & Wing $154.06
Backhoe/Loader $110.73
.............. ............ ......
Backhoell-oader with plow $123.97
Front end loader under 4 cubic yards $134.80
-....— ..........
Front end loader 4 cubic yards or larger $146.84
Bobcat $87.86
..................................... ........ ...... ....................--
VEHICLES USED DURING SANDING OPERATIONS WILL BE PAID AT THE SAME
RATE AS THEIR GVW PLOW RATE.
Fuel adjustment criteria is listed in the contract specifications — see item 10
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