Fill - Free fillable CITY OF BEVERLY DEPARTMENT OF PUBLIC SERVICES AND (City of Beverly MA) PDF form

CITY OF BEVERLY

DEPARTMENT OF PUBLIC SERVICES AND ENGINEERING

148 Park Street

Beverly, Massachusetts 01915

978-921-6053

978-921-8534 facsimile

Michael P. Collins, P.E.

Commissioner of Public Services and Engineering

James Turcotte Greg St. Louis, P.E.

Project Coordinator City Engineer

SNOW AND ICE CONTROL AGREEMENT

2016 – 2017

General Conditions

As the Owner or Lessee, hereafter “Contractor”, of the equipment listed in this agreement, I, my employees and my

partners, if I am a partnership, hereby agree to operate said equipment for the purpose of snow and ice control

when and requested by the Beverly Department of Public Services (DPS). Compensation for such services shall be

based on the conditions in this agreement and each of the following listed Attachments:

Attachment A, 2016-2017 Hourly Rates

Attachment B, W-9 Form

It is Beverly Department of Public Services’ objective to conduct Snow and Ice Operations in conformance with the

terms of this Agreement. However, no terms contained herein shall be construed to limit the ability to respond

in emergency situations and ensure the safety of the traveling public.

This Agreement shall commence on the date the Agreement has been executed by both the Contractor and

Beverly Department of Public Services’ Commissioner of Public Services and Engineering. This Agreement shall

terminate on May 31, 2016, unless this date is amended in accordance with all applicable laws and regulations prior

to this date, or unless terminated or suspended upon prior written notice to the Contractor. Beverly Department

of Public Services may terminate or suspend this Agreement without penalty, if the Contractor breaches any

material term or condition or fails to perform or fulfill any material obligation required by this Agreement.

Contractors are not employees of the City. Contractors are independent contractors as defined by the Massachusetts

Independent Contractor Law, M.G.L. c. 149 § 148B, for all legal purposes in connections with the snow removal

operations procured by this agreement.

The Contractor shall comply with all applicable federal and state laws, rules and regulations. If any provision of this

agreement is found to be superseded by state or federal law or regulation, in whole or in part, then both parties

shall be relieved of all obligations under that provision only to the extent necessary to comply with the superseding

law, provided however, that the remaining provisions of this Agreement, or portions thereof, shall be enforced to

the fullest extent permitted by law.

The Contractor may not subcontract any portion of this Contract. The Contractor may not assign or delegate, in

whole or in part, or otherwise transfer any liability, responsibility, obligation, duty or interest under this Agreement,

with the exception that the Contractor shall be authorized to assign present and prospective claims for money due

to the Contractor pursuant to this Agreement in accordance with M.G.L. C. 106, §9-318.

Where written notice is required, it shall be deemed delivered and received when submitted in writing, in

person or when delivered by any other appropriate method evidencing actual receipt by Beverly Department of

2 | City of Beverly- Snow and Ice Control Agreement – 2016-2017

Public Services or the Contractor. The Contractor shall comply with M.G.L. C.66A if the Contractor becomes a

"holder" of "personal data".

The Contractor shall provide the City with copies of all certificates of insurance for the Contractor reflecting the

coverages required by this agreement and shall maintain documents and records as specified by the Agreement.

All Contractors and equipment operators are required to follow Beverly Department of Public Services’ instructions

pertaining to snow and ice operations and only plow and apply materials along designated roadways. Failure to

comply with Beverly Department of Public Services’ instructions and conditions shall be documented and could

result in suspension or termination of this Agreement. All material spreaders, chemical tank trucks, and material

loader operators are required to respond to 148 Park Street when called and report in upon arrival. At the end of

each event they are required to return to 148 Park Street, spin off any unused material, if applicable, and confirm

departure times with Beverly Department of Public Services. Applying excess material onto the roadway as a method

of spinning off unused material is strictly prohibited.

All plow cutting edges shall be steel unless approved by the Commissioner of Public Services and Engineering.

All Contractors are required to provide their equipment operators with a cellular phone while working for

Beverly Department of Public Services. The Contractor or operator must provide the phone number to Beverly

Department of Public Services’ Supervisor and inform them of any changes.

Compensation

Contractors shall only be compensated for performance delivered in accordance with the specific terms and

conditions and the payment mechanism described in this Agreement. Overpayments, or the Contractor’s failure to

return equipment or deicing materials, shall be reimbursed by the Contractor or may be offset by Beverly

Department of Public Services from future payments in accordance with state law.

The plowing time will start when the equipment arrives at the plowing assignment. The driver of each vehicle must

breakdown, etc., to be paid. Any time a driver leaves the vehicle, the driver must contact the Park Street Office

by radio or telephone. The driver will also notify the Office when plowing resumes.

All rates in this Agreement include the equipment, accessories, licensed qualified operators and operating costs,

including but not limited to, insurance, registration fees, maintenance, repairs and fuel. All equipment must

arrive filled with fuel, in good working condition, and with all accessories functioning properly.

Failure to meet any of the requirements of this contract; including but not limited to the following: fueled ready for

work, cell phone, required vehicle and personal safety equipment accessories may result in immediate removal

from the snow and ice operations and nonpayment of the four (4) hour minimum.

Contractors shall be compensated for a minimum of four hours. When the time worked exceeds four hours, the

actual time worked shall be compensated. All Contractors will be paid from the time that an operator and

required equipment arrives at a Beverly Department of Public Services location to the time they are released by

Beverly Department of Public Services. Contractors that arrive more than 60 minutes after being called will not be

guaranteed the four-hour minimum compensation, unless additional travel time has been pre-approved by the

Commissioner of Public Services and Engineering. Contractors that repeatedly arrive after 60 minutes may be

considered unresponsive and replaced at the discretion of the Commissioner of Public Services and Engineering.

Increased travel times may be allowed with the approval of the Commissioner of Public Services and Engineering

depending on traffic, weather and other conditions beyond the control of drivers and owners. Travel time will not

be compensated.

Contractors that are requested to provide equipment for post storm clean-up or other scheduled work where

Beverly Department of Public Services sets the required arrival time will not be called for additional scheduled work

if they are late three or more times. All requests by Beverly Department of Public Services for post storm scheduled

work shall be made at least four hours prior to the scheduled start time whenever possible. All breaks must be

requested and approved by a Beverly Department of Public Services Supervisor prior to leaving the designated

3 | City of Beverly- Snow and Ice Control Agreement – 2016-2017

route. Depending on operational needs and weather conditions, the approval of break requests may need to be

delayed until conditions allow. It is to be clearly understood that no premium time is to be paid for Saturdays, Sundays

or Holidays under this Agreement.

The Contractor is responsible for submitting invoices for payment. Invoices shall include Contractor’s name, storm

date, each piece of equipment used, hourly rate and total due. Multiple storms may be on one invoice. Incomplete

invoices will be returned. All invoices must be submitted prior to the end of fiscal year, June 15

or will not be paid,

and all claims for payment under any late submitted invoice shall be deemed waived.

Equipment Breakdowns and Repairs

Contractors making a good faith effort to repair broken equipment during a work shift shall be compensated for up

to one hour to make repairs. If the equipment cannot be repaired, it shall be removed from service after this time.

Each piece of equipment will only be compensated for one breakdown per storm event. If a vehicle has been left

on the street for greater than two hours, Beverly Department of Public Services may report the vehicle to the Police

for removal. The Contractor is responsible for all costs to have the vehicle towed, if necessary. Contractors will

not be allowed to perform any type of maintenance, except emergency repairs, to any vehicles or equipment at any

Beverly Department of Public Services facility. If an emergency does arise and it is necessary to perform repair work,

it shall be performed in an area designated by Beverly Department of Public Services. No repairs shall be made

along roadways in locations that impact traffic flow or are determined to be unsafe by Beverly Department of

Public Services or the Police. These vehicles shall be removed as soon as possible.

The Contractor will be liable to clean up and remove any and all fluids, debris, spills, etc, that result from any

breakdowns or repair work. If a release or spill is a reportable condition to the Department of Environmental

Protection (DEP), the Contractor is required forthwith to notify DEP and the Commissioner of Public Services and

Engineering and perform any necessary remediation to satisfy all applicable state and federal regulations, at the

Contractor’s sole expense.

Safety Requirements

All vehicles and equipment utilized through this Agreement shall be equipped with the following safety equipment:

• One six-inch amber flashing light, mounted on the highest practical point of each vehicle. The light(s) must

be visible for a distance of 300 feet during day light hours, from the front, rear and both sides of the vehicle.

Vehicles that have a body or attachment that extends above the rear of the cab, must mount the

lighting on a bracket or other device to extend the lighting above the body or attachment. Additional

installations may be accepted but the lighting must be visible from any position 360 degrees around the

vehicle. All installations must be approved by Beverly Department of Public Services.

• Tires must have a minimum of one-quarter inch (¼”) treads.

• All plows must have a replaceable steel cutting edge in good condition.

• Skids WILL NOT be used.

• Sanders must have flashing lights in the rear of the vehicle. Lights must not be obscured by the sander.

• When snow and/or ice conditions make it impossible or difficult to plow snow, the vehicles chains must be

installed immediately thereafter by the Contractor.

• All vehicles and equipment utilized through this Agreement having a class code of 30,000 and a GVW

greater than or equal to 16,000 lbs., shall be equipped with the following additional safety equipment:

4 | City of Beverly- Snow and Ice Control Agreement – 2016-2017

o A minimum of two additional flashing amber lights mounted on the rear of either side of the

vehicle. These lights shall be at least six inches in one dimension along the lens width or length,

mounted no less than six feet above the roadway and visible for a distance of 300 feet during daylight

hours.

The Contractor is responsible to ensure that all drivers and vehicles conform to all applicable Federal, State and Local

regulations pertaining to operator safety.

Licenses, Registration and Insurance Requirements

By signing this Agreement, the Contractor certifies under the pains and penalties of perjury that the Contractor shall

not knowingly use unlicensed vehicle operators in connection with the performance of this Agreement. This

Agreement prohibits the use of unlicensed operators in the performance of this Agreement. The use of any

unlicensed operator may be considered a material breach of this Agreement, subjecting the Contractor to

sanctions including but not limited to withholding of payments and Agreement suspension or termination.

During the term of this Agreement each Contractor shall maintain a current vehicle registration for the specified

equipment in this Agreement. Out of state registrations are allowed, but they must meet all the requirements of the

Massachusetts Registry of Motor Vehicles (RMV) and all other applicable motor vehicle laws. All specified

equipment in this agreement must have a valid safety sticker. The Contractor agrees to promptly forward a copy

of any new or revised registration of listed equipment to the Commissioner of Public Services and Engineering. Failure

to keep listed equipment registered will terminate this Agreement relative to each unregistered piece. All

registration plates must be attached to the vehicle or equipment at all times during the snow and ice operations.

The Contractor is responsible to ensure that all equipment listed in this Agreement is fully insured as required by all

Massachusetts laws and regulations. Contractors shall be solely responsible for damage to public and private

property caused by operation of their equipment by them or their employees.

Insurance Requirements

A. The Contractor shall purchase and maintain such insurance as will protect him from claims under worker’s

compensation acts and from claims for damages because of bodily injury, including death, and property damage

which might arise from and during operations under this contract, whether such operations be by himself or

by anyone directly or indirectly employed by either of them.

B. Contractor shall not commence work under this Contract until he has obtained all insurance required herein

nor until such insurance has been approved by the Owner.

C. All insurance required by this Document shall be provided by a Best “A+ VIII” rated company, or companies,

authorized to do business in the Commonwealth of Massachusetts and satisfactory to the owner and shall be

written for not less than any limits of liability specified herein, or required by law, whichever is greater.

D. Certificates: Certificates of Insurance acceptable to the Owner shall be submitted in triplicate to the Owner

simultaneously with the execution of the Contract. Certificates shall contain a provision that the insurance company

will notify the Owner by registered mail at least (60) calendar days in advance of any cancellation, non-renewal, change

or expiration of the policies. Certificates shall include description of coverage, effective dates and expiration dates

of policies and shall clearly indicate all exclusions (other than standard policy form exclusions contained in the basic

policy) which will be added to the policies provided.

E. Deductibles: In the event of paid claims, Contractor shall bear costs of any amounts deductible.

5 | City of Beverly- Snow and Ice Control Agreement – 2016-2017

Coverage and Limits

A. Workers’ Compensation Insurance:

The Contractor shall maintain Workers Compensation and Employers Liability Insurance in accordance with the

law and regulations of the Commonwealth of Massachusetts. The limits of liability provided shall be as follows:

Coverage A: Statutory

Coverage B: $100,000/$500,000/$500,000

B. Automobile Liability:

The Contractor shall maintain business automobile liability insurance covering all owned, non-owned, leased, rented

and hired automobiles (symbol 1). The limits of liability shall be as follows:

Bodily Injury: $1,000,000 per occurrence

Bodily Injury: $1,000,000 aggregate

Property Damage: $1,000,000 per occurrence

Automobile physical damage coverage shall be at the option of the Contractor. The Owner shall not be liable for

physical loss or damage to any owned, non- owned, leased, rented or hired automobile.

C. General Liability:

The Contractor shall maintain a general liability policy for slip and fall or other claims arising out of the Contactors’

completed operations. The limits of liability shall be at least as follows:

Combined Bodily Injury

and Property Damage liability: $1,000,000

Combined Annual Aggregate Limit: $2,000,000

The Contractor shall name the City of Beverly as “Additional Insured” by endorsement for Products and Completed

Operations.

Indemnification

The Contractor agrees to indemnify, defend and hold harmless the City of Beverly and its officers, employees, agents,

boards and commissions for any claims or damages caused by the acts or omissions of the Contractor and/or anyone

they directly or indirectly employ in connection with the Contractor’s operations in the performance of this contract.

The Contractor shall take responsibility for the work and take all precautions for preventing injuries to persons and

property in or about the work and shall bear all losses resulting to it on account of mount or character of the work.

The Contractor shall pay or cause payment to be made for all labor performed or furnished and for all materials used

or employed in carrying out the Contract. The Contractor shall assume the defense of, and indemnify and save

harmless, the Owner, and their officers and agents from all claims relating to labor performed or furnished and

materials used or employed for the work: to inventions, patents and patent rights used in and in doing the work

unless injuries to any person or corporation received or sustained by or from the Contractor and its employees

in doing the work, or in consequence of any improper materials, implements or labor used or employed therein;

and to any act, omission or neglect of the Contractor and its employees therein.

6 | City of Beverly- Snow and Ice Control Agreement – 2016-2017

2016-2017 Agreement Submission Deadlines and Requirements

Contractors must complete, sign and submit the specified documents on or before the following deadlines.

November 30, 2016 - The following items must be delivered to 148 Park Street indicating your interest in

working for Beverly Department of Public Services for the 2016-2017 winter season:

1. One original Equipment Listing sheet for each Contractor requests to work.

2. One original of Beverly Department of Public Services’ 2016-2017 Snow and Ice Control Agreement

Signature Page.

3. W-9 Tax Form (Only required for new vendors or returning vendors, who have changed their company name,

address or tax identification number.)

4. A copy of the current vehicle registration for each piece of equipment listed on the Equipment Listing sheet.

5. A copy of the Certificate of Liability Insurance for each piece of equipment listed on the Equipment Listing

sheet, as shown below.

Agreement Approval and Assignment Notification

The Contractors that are selected for snow plowing for the application period will be the first parties considered for

the hauling of snow if they submit an application for both the plowing and hauling items.

This Agreement and necessary attachments are required to be mailed or delivered to the Department of Public

Services office located at 148 Park Street, Beverly.

It shall be the responsibility of the owner/contractor to read this agreement in its entirety to insure all submission

deadlines and requirements have been met Beverly Department of Public Services will make every effort to notify

contractors as to what information is outstanding.

Upon submission of the required documents, Beverly Department of Public Services will contact the Contractor with

their assigned depot location.

7 | City of Beverly- Snow and Ice Control Agreement – 2016-2017

SNOW AND ICE CONTROL AGREEMENT

2016 – 2017

Signature Page

Contractor Name:

Mailing Address:

Street, City, State, Zip

Primary Phone No:

Secondary Phone No.: _____________________________

Email Address:

hereby sign this agreement certifying that I have read,

Contractor’s Name

understand and agree to comply with all of the conditions stated within the 2016-2017 Snow and Ice Control

Agreement and any applicable attachments.

Contractor Signature

Date

Year Make/Model Vehicle Color Reg. No.

# of

Wheels

GVW

Plowing

Rate

Plow

Size

Sanding

Rate

Sander

Size

Hauling

Rate

If you have additional equipment that is NOT AVAILABLE FOR ALL CALL INS (standby equipment), please list here:

Year Make/Model Vehicle Color Reg. No.

# of

Wheels

GVW

Plowing

Rate

Plow

Size

Sanding

Rate

Sander

Size

Hauling

Rate

SNOW AND ICE CONTROL AGREEMENT

2016 – 2017 Equipment Listing

PLEASE PRINT OR TYPE

Company Name

Contact Person

Address

City

Zip

First Choice Phone

Second Choice Phone

Fax Number

E-Mail

List equipment that is available for EVERY storm in this section.

9 | City of Beverly- Snow and Ice Control Agreement – 2016-2017

Attachment A

2016-2017 Hourly Rates

Vehicles Hourly Base Rate

4WD Pickup ¾ or one ton with 8’ plow $82.00

10,000 - 15,000 GVW, 6 wheel dump or rack body with plow $92.00

15,001 - 28,000 GVW, 6 wheel with plow $102.00

28,001+ GVW, 6 wheel with plow $127.00

10 wheel with plow or tri-axle $157.00

Specialty Equipment

Skid Steer, with AWD $92.00

Loaders

Loader less than 2 CY, with plow $112.00

Loader 2.00 - 3.00 CY, with AWD $142.00

Loader 3.50 - 5.00 CY, with AWD $177.00

Backhoes

Backhoe with or without plow $112.00

Spreaders/Liquid Chemical Trucks

1.00 – 2.50 CY spreader body, with plow $112.00

2.75 – 5.00 CY spreader body, with plow $122.00

5.00 CY or greater spreader body, with plow $147.00

Hauling

6 Wheel Dump $92.00

10 Wheel Dump $122.00

Trailer $152.00

10 | City of Beverly- Snow and Ice Control Agreement – 2016-2017

Attachment B

W-9 Form

11 | City of Beverly- Snow and Ice Control Agreement – 2016-2017

12 | City of Beverly- Snow and Ice Control Agreement – 2016-2017

13 | City of Beverly- Snow and Ice Control Agreement – 2016-2017

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