SNOW AND ICE CONTROL AGREEMENT 2014-2016 General Conditions As the Owner or Lessee, hereafter “Contractor”, of the equipment listed in this agreement, I or my designee hereby agree to operate said equipment for the purpose of snow and ice control when and so directed by the Massachusetts Department of Transportation Highway Division (MassDOT). Compensation for such services shall be based on the conditions in this agreement and each of the following listed Attachments: Attachment A, 2014-2016 Hourly Rental Rates and Vehicle Codes Attachment B, Fuel Adjustment Worksheet Attachment C, Plow Exemption Request Form Attachment D, Steel Cutting Edge Exemption Request Form Attachment E, GPS Handset Agreement Attachment F, Contractor License Certification (Annually) Attachment G, Calibration Certification (Annually) Attachment H, Executive Order 481-Contractor Certification (Annually) Attachment I, Closed Loop Ground Speed Control System Calibration, Data and Volume Verification Form (Annually) It is MassDOT’s 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 MassDOT’s District Highway Director. 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 upon 30 days prior written notice to the Contractor. MassDOT may terminate or suspend this Agreement for its convenience at any time without penalty, and for cause if the Contractor breaches any material term or condition or fails to perform or fulfill any material obligation required 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 If any provision of this Agreement is found to be superseded by state or federal law or regulation, in whole or in part, then both parties shall be relieved of all obligations under that provision only to the extent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 currently be debarred or suspended by the federal or state government under any law or regulation including, Executive Order 147; G.L. c. 29, s. 29F G.L. c.30, § 39R, G.L. c.149, § 27C, G.L. c.149, § 44C, G.L. c.149, § 148B and G.L. c. 152, s. 25C. 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 MassDOT 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 maintain documents and records as specified by the Agreement. MassDOT will strive to accommodate work location requests from Contractors who meet the specified deadlines for contract submissions, equipment type and vehicle inspection/calibration. If MassDOT’s equipment requirements have been met at a particular location, MassDOT will offer Contractors, who have met the specified deadlines for submission and vehicle inspection/calibration, an alternate work location where equipment is needed. All Contractors and equipment operators are required to follow MassDOT’s instructions pertaining to snow and ice operations and only plow and apply materials along designated roadways. Failure to comply with MassDOT’s 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 their designated depot when called and report in upon arrival. At the end of each event they are required to return to their designated depot, spin off any unused material, if applicable, and confirm departure times with MassDOT. Applying excess material onto the roadway as a method of spinning off unused material is strictly prohibited. All other equipment is required to report to their designated location. Upon arrival at the location, equipment operators are required to contact their designated MassDOT staff person to confirm their arrival. At the end of the shift all equipment will return to the location where their shift began and confirm their departure time with the designated MassDOT staff. Page 1 of 8 9/10/2014 SNOW AND ICE CONTROL AGREEMENT 2014-2016 All trucks, except those not directly related with snow and ice operations, e.g., hauling vehicles, sweepers, vac/jet trucks, etc. are required to carry a plow at all times unless an exemption has been requested by the equipment owner and approved by the District Highway Director. All plow cutting edges shall be steel unless an exemption has been requested by the equipment owner and approved by the District Highway Director. All requests and approvals for exemptions shall be made in writing on Attachments C and D. A copy of the approved forms must be kept in the vehicle during snow and ice operations. All Contractors are required to provide their equipment operators with a cellular phone while working for MassDOT. The Contractor or operator must provide the phone number to MassDOT’s Timekeeper or Supervisor and inform them of any changes. All equipment will be issued a MassDOT equipment decal. The decal must be applied on the rear of the equipment in a location approved by MassDOT. The decals must remain in place for the duration of the snow and ice season. All spreaders must be equipped with automated synchronization (ground speed control) and adjustable controls in the cab of the truck. All spreaders must be capable of consistently dispensing material at 240 pounds (+/- 10 pounds) per lane mile. All spreaders shall be equipped with working pre-wetting units capable of applying between 8-10 gallons of liquid de-icing chemical per ton. All spreaders and direct liquid materials spreaders are required to be calibrated by a MassDOT approved calibrator prior to the deadline (see page 6). Contractors that are notified that their equipment is not calibrated correctly, or pre-wetting unit is inoperable, will be allowed to finish their work shift, but will not be allowed to return until their equipment has been repaired and inspected by MassDOT. Contractors that are requested to work prior to making repairs will be penalized per hour equal to the compensation rate of the applicable Spreader Code. When requested to work this equipment will also be released first and MassDOT will not be required to pay the four-hour minimum or travel allowance compensation. All equipment will be subject to inspection by MassDOT at anytime during the winter season. All Contractors are required to have a copy of their approved Certificate of Calibration in their vehicle at all times while employed by MassDOT. 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 MassDOT from future payments in accordance with state finance law. 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 reimbursable accessories functioning properly. MassDOT reserves the right to alter rates based on changed conditions. All approved accessories will be compensated at all times while the vehicle is working for MassDOT, unless designated on Attachment A. 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 nonpayment of the four (4) hour minimum and removal from the snow and ice operations. Contractors that meet the specified deadlines for submission of all required documents and vehicle/safety inspection/calibration (see page 6, Agreement Submission Deadlines and Requirements) will be paid a Sign-up Bonus in accordance with attachment A. In addition, Contractors that meet the submission deadlines and are requested to work prior to December 1st and after March 31st will be paid an Extended Season Bonus in accordance with attachment A. Material loaders are not eligible for the Extended Season Bonus. However, Material Loaders are eligible for the Sign-up Bonus. Bonus amounts are shown in Attachments A. The cost of fuel will be adjusted based on the monthly cost of fuel and the base rate (August 2014) as shown in Attachment B, Fuel Adjustment Worksheet. Rates will be adjusted monthly based on the retail price of diesel fuel for the New England region as published by the Energy Information Administration (EIA) of the Department of Energy (www.eia.doe.gov). The base rate will remain unchanged for the duration of this Agreement. 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 MassDOT designated location to the time they are released by MassDOT. Contractors that arrive within 45 minutes of being called shall be paid a travel allowance equal to 30 minutes. Contractors that arrive after 75 minutes from being called will not be guaranteed the four-hour Page 2 of 8 9/10/2014 SNOW AND ICE CONTROL AGREEMENT 2014-2016 minimum compensation. Contractors that repeatedly arrive after 75 minutes may be considered unresponsive and replaced at the discretion of the District Highway Director or his /her designee. Also, in the event that MassDOT has a surplus of equipment at a particular location and an alternate work location is offered to an Owner that is a significant distance away from the original requested location. In all cases the 30-minute travel allowance compensation will remain fixed. Contractors that are requested to provide equipment for post storm clean-up or other scheduled work where MassDOT sets the required arrival time, other than Loaders scheduled to load material, the Contractor shall be paid a travel allowance. Contractors that are late three or more times will not be called for additional scheduled work. All requests by MassDOT for scheduled work shall be made at least four hours prior to the scheduled start time whenever possible. If MassDOT requests a Contractor to travel beyond the limits of their assigned depot, the Contractor shall be compensated from the time they leave until the time they return back to the location of deployment. Contractors may be asked to travel beyond the limits of the assigned depot for operational needs. Any travel beyond a twenty (20) mile radius of their assigned depot will be considered voluntary. The hours worked by a Contractor beyond a twenty (20) mile radius of their assigned depot shall not be credited towards their rotation hours at their assigned depot. All vehicle operators shall be allowed a 15-minute paid break every four hours and a 30-minute paid break every eight hours, for a total of 45 minutes every eight hours. These times cannot be combined to extend break periods and breaks cannot be taken at the end of a shift. Standby time for more than 45 minutes within a depot area or other MassDOT designated staging area, that occurs after an operator has completed an assignment, may be considered meeting the requirements of a 15-minute break. In some locations, during certain times of the day, break periods may need to be extended due to additional travel time to the nearest available food service location. All breaks must be requested and approved by a MassDOT Supervisor prior to leaving the designated staging area. Depending on operational needs and weather conditions, the approval of break requests may need to be delayed until conditions allow. MassDOT shall require the transfer of the data gathered by having a closed loop ground speed control system as part of the compensation for this equipment. This information may be transferred by either electronic download, or paper print-out at the contractor’s discretion at the end of each event. The closed loop systems will have data logging capabilities and shall include at a minimum, but not limited to the following data: Pounds or Tons of Material Applied, Types of Material, Gallons of Liquid Dispensed, Miles Traveled, Location of Dispensed Material, Lane Miles Applied, Time of Application, Application Rates. The information shall be provided by the Contractor to the timekeeper or other MassDOT representative at the Depot at the conclusion of each deployment. MassDOT will provide a form that can be used to collect this data. Vendors that fail to provide the closed loop data for any deployment may not be compensated for the closed loop controller for that deployment. All information gathered shall remain the property of MassDOT and used at its discretion. MassDOT may conduct specific training sessions (Tailgate Training) to improve snow and ice operations. Compensation for these sessions will be based on the durations of the session (not to exceed two (2) hours). No minimum payment will apply. All training sessions are voluntary. Every two weeks throughout the snow and ice season the Contractor must visit the appropriate depot location to review and sign a biweekly summary of hours worked. The summary will contain the Contractor’s compensation amounts (i.e. work hours, dates, and times, etc.) and any bonuses, penalties or rate adjustments that are applicable for the previous two-week period. MassDOT will furnish a copy of the signed summary to each Contractor. If after review by MassDOT there is the need for any changes or corrections, the Contractor will be furnished with a revised copy. MassDOT shall process all hourly summaries in a timely manner. Electronic Funds Transfer is the mandated method of payment for Contractors. 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 and all remaining hours for that event shall count towards rotation hours; hours will be based on the average hours of similar equipment class code working that storm event. Each piece of equipment will only be compensated for one breakdown per storm event. If a vehicle has been left within the State Highway Layout (SHLO), for greater than two hours, MassDOT may report the vehicle to the State 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 MassDOT facility or within the SHLO. If an emergency does arise and it is necessary to perform repair work, it shall be performed in an area designated by MassDOT. No repairs shall be Page 3 of 8 9/10/2014 SNOW AND ICE CONTROL AGREEMENT 2014-2016 made along roadways in locations that impact traffic flow or are determined to be unsafe by MassDOT or the State 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 to notify DEP and perform any necessary remediation to satisfy all applicable state and federal regulations, at the Contractor’s sole expense. Safety Requirements Any Contractor or Operator who must exit their vehicle for any reason at a MassDOT facility or within the SHLO is required to wear a reflectorized ANSI Class II safety vest and a protective hardhat while outside of their vehicle. All vehicles and equipment utilized through this Agreement shall be equipped with the following safety equipment: All Snow & Ice equipment shall have a reverse signal alarm audible above the surrounding noise level. 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 MassDOT. One strip of continuous retroreflective sheeting applied to the rear of all equipment and vehicles, placed as horizontally as possible in an alternating white and red pattern. The sheeting shall be a minimum of 2 inches wide by 60 inches long and meet the requirements of DOT-C2 grade sheeting. DOT-C3 and DOT-C4 grade sheeting shall be allowed. The sheeting shall be placed in a continuous strip across the rear bumper, tailgate or other MassDOT approved location. If you are providing a wing plow to MassDOT snow and ice operations, it is imperative that it be visible. MassDOT is requiring a light of sufficient size and candle power to be seen from the rear (Class 1 LED). It will also have retro-reflective sheeting sufficient to outline the top and bottom support bars. The sheeting shall be a minimum of 2 inches wide and meet the requirements of DOT-C2 grade sheeting. DOT-C3 and DOT-C4 grade sheeting shall be allowed. All vehicles and equipment utilized through this Agreement having a class code of 40000 and a GVW greater than or equal to 16,001 lbs, shall be equipped with the following additional safety equipment: 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. One additional strip of continuous retroreflective sheeting applied to the rear of all equipment and vehicles, placed as horizontally as possible in an alternating white and red pattern. The sheeting shall be a minimum of 2 inches wide by 60 inches long and meet the requirements of DOT-C2 grade sheeting. DOT-C3 and DOT-C4 grade sheeting shall be allowed. One strip of sheeting shall be placed continuous across the rear bumper, lower tailgate or other MassDOT approved location. The additional strip of sheeting shall be placed at or near the top of the tailgate or other element approved by MassDOT. The Contractor is responsible to ensure that all vehicles conform to applicable OSHA regulations pertaining to reverse signal alarms. For more information please refer to 29 CFR 1926.601-602. All equipment shall be equipped with safety lighting in conformance with MGL Chapter 90, Section 7E as well as 540 CMR, Section 22.06 and the following: The Federal Highway Administration has regulations that require employers with drivers of commercial vehicles to have an alcohol and drug-testing program in place. The specific provisions of the regulations are highly detailed and legally complex. MassDOT strongly urges you to review the regulations, which are cited as 49 CFR part 382. (www.fmcsa.dot.gov/rulesregs/fmcsr/regs/382.htm). At all locations where anti-icing and deicing chemicals are stored, MassDOT shall provide a material safety data sheet (MSDS) and appropriate protection equipment for vendors loading vehicles with liquid deicers. In addition MassDOT shall provide a portable eyewash station at each depot where chemicals are dispensed. Page 4 of 8 9/10/2014 SNOW AND ICE CONTROL AGREEMENT 2014-2016 In order to reduce the amount of snow and ice pushed off the bridges onto the roadways or railroad tracks below or “snow over’s”, all snow and ice contractors must use extreme caution and reduced speed at all bridges. All Contractors shall follow standard MassDOT operational procedures relative to snow and ice operations. They are posted on the MassDOT website; go to Quick Links; Snow and Ice Vendor Information. Licenses, Registration and Insurance Requirements By signing this Agreement, the Contractor has consented to Attachment F, Contractor License Certification and the terms contained therein. This certification requires Contractors to verify the license status of all vehicle or equipment operators and prohibits the use of unlicensed operators in the performance of this Agreement. The Contractor is further obligated to report the loss, revocation or suspension of any operator’s license between October 15th and April 15th. Each Contractor must complete Attachment F prior to receiving Agreement approval and or being allowed to work. 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 monetary penalties, withholding of payments, Agreement suspension or termination. MassDOT reserves the right to implement a system to verify the license status of any or all drivers and operators of equipment subject to this Agreement. Once implemented, this system will require Contractors to submit the name, license number and date of birth for all drivers and equipment operators for verification by MassDOT or its designee. This system may require Contractors to enter information into a secure internet application or to enter the information into an approved MassDOT form and submitted via email. It shall be the Contractor’s responsibility to submit the required license data prior to permitting said drivers or equipment operators to work under this Agreement. Failure to list operators may be considered a material breach of this Agreement, subjecting the Contractor to sanctions including but not limited to monetary penalties, withholding of payments, 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. Passenger vehicle registrations are not allowed on any vehicles listed in this Agreement. Out of state registrations greater than 26,000 GVW must be apportioned plates by law, a copy of the cab card must be submitted with the registration information for this equipment. All equipment must be used in accordance with all the requirements of the Massachusetts Registry of Motor Vehicles (RMV), and all other motor vehicle laws. All specified equipment in this agreement must have a valid safety sticker that meets all the requirements of the RMV. The Contractor agrees to promptly forward a copy of any new or revised registration of listed equipment to the District Highway Director. Failure to keep listed equipment registered will terminate this Agreement relative to each unregistered piece. “Repair” plates, “Dealer” plates and “Farm” plates are not allowed. “Owner Contractor” (OC) plates may only be used on rubber-tired backhoes, loaders and graders. Contractors are permitted and encouraged to obtain Massachusetts Commercial Snow Removal Plates (SR). 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 legally insured as required by all Massachusetts laws and regulations. Contractors shall be responsible for damage to public and private property. Page 5 of 8 9/10/2014 SNOW AND ICE CONTROL AGREEMENT 2014-2016 2014-2016 Agreement Submission Deadlines and Requirements In order to receive MassDOT’s Sign-up Bonus, Extended Season Bonus, Contractors must complete, sign and submit all of the specified documents on or before each of the following deadlines. If all required items are available, Vendor may submit them in one package. However, the items must be submitted prior to their respective submission deadline date. September 26, 2014 - The following items must be delivered to the District Office indicating your interest in working for MassDOT for the 2014-2015 winter seasons: 1. One original Equipment Listing and Vehicle Code sheet for each Depot a Contractor requests to work. 2. One original of MassDOT’s 2014-2016 Snow and Ice Control Agreement Signature Page. 3. Attachment F, Contractor License Certification Form 4. Attachment H, Executive Order 481, Contractor Certification Form 5. W-9 Tax Form (Only required for new vendors or returning vendors, who have changed their company name, address or tax identification number.) 6. Electronic Funds Transfer Sign Up Form (Only required for new vendors, returning vendors who are not enrolled in EFT, or vendors who have changed their bank information.) October 24, 2014 - The following items must be delivered to the District Office. 1. 2. A minimum of two recent photographs of each piece of equipment listed in the Agreement. One must be taken from the rear left of the vehicle and the second from the front right of the vehicle. The photographs must show the vehicle registration number, all vehicle accessories, including plows, safety lights and retroreflective sheeting. A copy of the current vehicle registration for each piece of equipment listed on the Vehicle Code sheet. (Equipment without Massachusetts Commercial Snow Removal (SR) plates must submit a new registration prior to January 1, 2015). November 8, 2014 – The following Inspections must be completed and PASSED by District personnel: 1. 2. 3. A Vehicle Inspection Checklist signed by the vehicle owner and MassDOT representative. A Safety Inspection Checklist signed by the vehicle owner and MassDOT representative. Attachment I, Closed Loop Data Verification Form. September 25, 2015 - The following items must be delivered to the District Office indicating your interest in working for MassDOT for the 2015-2016 winter seasons: 1. One original Equipment Listing and Vehicle Code sheet for each Depot a Contractor requests to work. (Only required for new or modified Equipment) 2. One original of MassDOT’s 2014-2016 Snow and Ice Control Agreement Signature Page. (Only required for new or modified Equipment) 3. Attachment F, Contractor License Certification Form 4. Attachment H, Executive Order 481, Contractor Certification Form 5. W-9 Tax Form (Only required for new vendors or returning vendors, who have changed their company name, address or tax identification number.) 6. Electronic Funds Transfer Sign Up Form (Only required for new vendors, returning vendors who are not enrolled in EFT, or vendors who have changed their bank information.) October 23, 2015 - The following items must be delivered to the District Office. 1. 2. A minimum of two recent photographs of each piece of equipment listed in the Agreement. One must be taken from the rear left of the vehicle and the second from the front right of the vehicle. The photographs must show the vehicle registration number, all vehicle accessories, including plows, safety lights and retroreflective sheeting. (Only required for new or modified Equipment) A copy of the current vehicle registration for each piece of equipment listed on the Vehicle Code sheet. (Equipment without Massachusetts Commercial Snow Removal (SR) plates must submit a new registration prior to January 1, 2015). November 6, 2015 – The following Inspections must be completed and PASSED by District personnel: 1. 2. 3. A Vehicle Inspection Checklist signed by the vehicle owner and MassDOT representative. A Safety Inspection Checklist signed by the vehicle owner and MassDOT representative. Attachment I, Closed Loop Data Verification Form. Page 6 of 8 9/10/2014 SNOW AND ICE CONTROL AGREEMENT 2014-2016 Agreement Approval and Assignment Notification This Agreement and necessary attachments are required to be mailed or delivered to the District Headquarters in which the Contractor chooses to work. Each submission will be date stamped upon receipt. Agreements that are left or delivered to depot locations will be forwarded to the District office as time allows, but will not be time stamped until they are received at the District Headquarters. MassDOT's District Highway Directors will determine the type of equipment needed for each depot location. Contractors must adhere to all of the specified deadline submissions in order to be considered for assignment. First priority will be given to Contractors that meet the specified type and appropriate attachments required by MassDOT. Second priority will be given to contractors that meet the specified deadlines for submission of all required documents and vehicle inspection/calibration. Third priority will be given to contractors with the greatest number of consecutive years of service at the chosen depot with like class code. The forth priority will be given to contractors with the greatest number of Total years of service for MassDOT (formerly the Massachusetts Highway Department). Those contractors that have incomplete paperwork submission will not be considered for assignment, unless other equipment is not available and approved by the District Highway Director. Contractors may indicate up to three depot locations that they are willing to work. Please review the MassDOT District Boundary Maps and District office listings. 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 MassDOT will make every effort to notify contractors as to what information is outstanding. Contractors that deliver their agreements to the District Office will be given a receipt. Upon submission of the required documents, MassDOT will contact the Contractor with the dates, times and locations when inspections will be performed. In order to maintain first priority at a requested depot, Contractors must have their equipment inspected by the deadlines shown on page 6. Equipment inspections shall be performed at an agreed upon location approved by the District Maintenance Engineer. Any piece of equipment that does not meet all of the requirements of the vehicle inspection and safety inspection must be re-inspected at a MassDOT approved location. Agreements will not be considered complete until the equipment and safety inspections are completed and accepted. Upon a completed vehicle and safety inspection and approval of this Agreement by the District Highway Director, Contractors will be notified of their assigned depot location.. Rotation MassDOT's District Highway Director will determine the required type and quantity of all vehicles and accessories for each depot. Approved equipment shall be rotated throughout the season. In establishing the rotation list, consideration will be given to the Type, Size and attachments provided for the required equipment, the responsiveness of the contractor and the submission deadlines and required documents as listed on page 6. Once the rotation list has been established, MassDOT will make every effort to maintain a fair and equitable balance of hours for each equipment class code. It should be understood that operational needs supersede rotational hours when making initial call outs for emergencies. Equipment will not be considered as part of a rotation unless all required documents are submitted and approved and all required vehicle inspections have been performed. Rotation will be based on the per vehicle average hours worked to date. The total number of hours shall include hours worked during normal operations and hours that the equipment was requested to work but, not available, broken down or awaiting contract document submission. When MassDOT requests a specific piece of equipment and the Contractor fails to respond or is unavailable to work, the total hours for that event shall count towards rotation hours as though the equipment actually worked. Each Contractor is allowed two excused absences, due to vehicle repairs or personal reasons, as long as the Contractor notifies MassDOT, in advance and prior to noon of the previous workday that they are unavailable for a defined period. Each defined period can not exceed more than five days from the date of notification. Failure to respond or give notification from a Contractor that they will be unavailable greater than the two excused absences will result in the Contractor’s equipment being removed from the rotation list and being placed in the spare equipment listing. The following hours worked for MassDOT shall not be credited towards a Contractor’s rotation hours: Hours worked by a Contractor during normal operations beyond twenty (20) mile radius of their assigned depot. Hours worked by a Contractor performing post storm clean up or hauling snow. Hours worked by a Contractor hauling de-icing, anti-icing materials or sand. Page 7 of 8 9/10/2014 SNOW AND ICE CONTROL AGREEMENT 2014-2016 Material Loader Should a Contractor choose not to continue providing a material loader and operator for a particular depot or become unable to perform the required duties during any season, MassDOT's District Highway Director shall select the next Contractor from the qualified equipment list for that depot. The selected contractor shall have a loader with a bucket capacity of 3 cubic yards or greater. The Contractor selected to provide the material loader must demonstrate the ability to provide a loader and licensed operator within 45 minutes from the time called by MassDOT. Failure to meet this requirement shall be cause for MassDOT to select the next qualified Contractor. Resolution of Issues All issues that affect a Contractor’s rate of pay, hours worked, working conditions, safety issues or the behavior/performance of a MassDOT employee should be verbally reported to MassDOT as soon as possible. To ensure the proper resolution of each issue, a written statement signed by the Contractor shall be submitted within 72 hours of the completion of the storm event in which the incident occurred, to the District Highway Director and the MassDOT’s Snow and Ice Dispute Resolution Committee c/o Lead State Snow and Ice Engineer, 10 Park Plaza, Suite 7410, Boston, Ma 02116. Issues that occur during non-snow and ice operations must be submitted in writing to the District Office within 72 hours of the Contractor being made aware of the issue. The District Highway Director shall respond within 10 business days from the receipt of each written statement. Any necessary meetings shall be held within this 10-day period in the district. All Contractors shall have the option to be represented by any individual person that they choose. If a Contractor chooses to be represented by an attorney they must inform MassDOT 48 hours prior to the meeting. Issues not received within the specified 72-hour period are not subject to the 10-day response time. All decisions will be based on the information submitted by the Contractor, MassDOT employees, and the conditions stated in this Agreement. If an issue is not resolved in a manner that is satisfactory to the Contractor in the District, they may submit a claim to MassDOT’s Snow and Ice Dispute Resolution Committee. The committee shall be comprised of five members, appointed by the Administrator. The committee shall add an additional member that will serve solely as a secretary. Information must be sent to: Snow and Ice Dispute Resolution Committee, c/o Lead State Snow and Ice Engineer, Massachusetts Department of Transportation, State Transportation Building, Room 7241, 10 Park Plaza, Boston, MA 02116. Decisions of the Snow and Ice dispute resolution committee shall be final and binding on the contractor unless appeal to the Superior Court within 90 days. MassDOT will issue all reports or memos regarding a Contractor’s performance or other documented issues within 10 business days of the District Highway Director’s review and approval. Global Positioning System (GPS) MassDOT, at its discretion, may issue GPS equipment to a Contractor. The GPS system will be utilized as a way to increase safety, track vehicle location and redeploy or dispatch equipment. MassDOT will not use the GPS system as a method of payment unless requested by the Contractor to verify time and location. Upon the issuance of said GPS Equipment, MassDOT shall further provide, under separate agreement (Attachment E, GPS Handset Agreement), to the Contractor the terms and conditions on the operational use and maintenance responsibility for said GPS equipment. The GPS Agreement shall be incorporated and made part of this agreement. District Headquarters Locations: District One Headquarters 270 Main Street Lenox, MA 02140 District Two Headquarters 811 North King Street Northampton, MA 01060 District Three Headquarters 403 Belmont Street Worcester, MA 01609 District Four Headquarters 519 Appleton St. Arlington, MA 02476 District Five Headquarters 1000 County St. Taunton, MA 02780 District Six Headquarters 185 Kneeland Street Boston, MA 02111 Page 8 of 8 9/10/2014 SNOW AND ICE CONTROL AGREEMENT 2014-2016 Equipment Listing and Codes Depot No. Contractor Name Office Use Only: Class Code determined upon Inspection E# Vehicle Reg. # Spreader/Tanker Make: Plow Year Accessories V.I.N Miscellaneous G.V.W. Total Code Rate/Hour Locations 1: 2: E# Vehicle Reg. # Spreader/Tanker Make: Plow Year Accessories V.I.N Miscellaneous G.V.W. Total Code Rate/Hour Locations 1: 2: E# Vehicle Reg. # Spreader/Tanker Make: Plow Year Accessories V.I.N Miscellaneous G.V.W. Total Code Rate/Hour Locations 1: 2: $ 3: $ 3: $ 3: SNOW AND ICE CONTROL AGREEMENT 2014-2016 Signature Page Depot No. Contractor Name Contractor’s State Vendor Code: VC#: Mailing Address: (If different than last years, please complete a W-9 and Address Change form) * Primary Phone No: Secondary Phone No.: (* These phone numbers will be used when requesting equipment to work. Only provide two numbers) Email Address: I, , 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 2014-2016 Snow and Ice Control Agreement, any applicable attachments, and the Commonwealths Terms and Conditions. Contractor Signature Date - MassDOT USE ONLY - I hereby certify that I, or my designee, has interviewed the Contractor stated above, and inspected the equipment described on the attached “Equipment Listing and Codes” page(s). Therefore, to the best of my knowledge, all required submittals and conditions of this agreement have been met and I recommend approval for assignment as determined by MassDOT. Received Date District Maintenance Engineer Date CONTRACT APPROVAL: District Highway Director Stamp Here Date Attachment A 2014-2015 Hourly Rental Rates and Vehicle Codes Codes Hourly Base *Early SignRate up Bonus Vehicles 30000 11,000 - 16,000 GVW, with minimum 9 foot PRP $77.46 $5.50 40000 16,001 - 25,800 GVW, with minimum 10 foot PRP plow $79.83 $5.50 50000 25,801 - 33,000 GVW, with minimum 10 foot plow $90.43 $5.50 60000 33,001 - 50,000 GVW, with minimum 10 foot plow $106.61 $5.50 70000 50,001 or greater GVW with minimum 11 foot plow $115.88 $5.50 80000 Grader w/ Underbody scraper, 11 ft Plow $121.13 $5.50 90000 Skid Steer, with AWD $81.68 $5.50 $79.62 $5.50 110000 Loader 2.00 - 3.99 CY, with AWD $93.73 $5.50 120000 Loader 4.00 - 5.99 CY, with AWD $115.77 $6.00 130000 Loader 6.00 CY or greater, with AWD (Roadway Only) $137.30 $6.50 Codes 4000 6000 8000 Codes 100 200 400 500 600 800 Codes 10 20 30 40 Codes 2 3 8 9 $82.96 $85.33 $95.93 $112.11 $121.38 $5.00 $126.63 $87.18 $5.00 $85.12 $99.23 $121.77 $143.80 $5.00 $5.00 $5.00 $5.00 $5.00 $5.00 Loaders 100000 Loader less than 2 CY, with AWD 2000 **Extended Season Bonus Specialty Equipment Codes Codes Total With Sign-up Bonus Spreaders/Liquid Chemical Trucks 6.00 - 9.99 CY spreader body, w/ 150 gallon chemical saddle tanks with Closed Loop System 10 CY or greater spreader body, w/ 150 gallon chemical saddle tanks with Closed Loop System 500 - 999 gallon liquid tanker, capable of applying two lanes with Closed Loop System 1000 gallon or greater liquid tanker, capable of applying two lanes with Closed Loop System Plows 11 Foot Plow, minimum 36 inches high including mold board (50000 & 60000 Vehicle Codes Only) Wing plow, 10ft Cutting Edge, Hydraulically Controlled Wing plow, 11ft Cutting Edge, Hydraulically Controlled 11 Foot Plow, minimum 36 inches high including mold board (50000 & 60000 Vehicle Codes Only) with 10ft Wing, Hydraulically Controlled 11 Foot Plow, minimum 36 inches high including mold board (50000 & 60000 Vehicle Codes Only) with 11ft Wing, Hydraulically Controlled Two Wing Plows, 11ft Front Plow, Hydraulically Controlled, (10ft or 11ft Front Mounted Wings Acceptable). Accessories All Wheel Drive (AWD) (30000-40000 Vehicles Codes Only) All Wheel Drive (AWD) (50000-70000 Vehicles Codes Only) Power Reversible Plow (PRP) (50000-70000 Vehicle Codes Only) AWD and PRP (50000-70000 Only) Miscellaneous Under Carriage Scraper (Only when used) (Not applicable to 80000 Vehicle code) Small 1 to 3 cubic yard spreader (30000 Vehicles Code only, used for Parking areas and walkways only) Wing plow, 8ft Cutting Edge, Hydraulically Controlled (30000 Vehicles Code only) Wing plow, 9ft Cutting Edge, Hydraulically Controlled (Mid-Mount) Page 1 of 4 $5.00 $5.00 $5.00 $31.00 $36.00 $48.00 $53.00 $6.50 $27.00 $35.00 $33.50 $41.50 $55.00 $5.50 $10.50 $5.50 $16.00 $40.00 $11.00 $21.50 $23.50 9/10/2014 Attachment A 2014-2015 Hourly Rental Rates and Vehicle Codes Codes 10000 300000 310000 320000 330000 340000 350000 360000 Hourly Base *Early SignRate up Bonus Additional Vehicle Codes 10,000-10,999 GVW, with 9 foot PRP, AWD 10 Wheel Dump - Hauling Tri-Axle Dump - Hauling Trailer Dump-Hauling Power Sweeper, minimum 4 CY, front dump, with gutter broom Catch Basin Cleaner, Hydraulic "Clam Shell" bucket Catch Basin Cleaner, Vactor Type High Pressure Water Jet Sewer Line Cleaner with min. 2 man crew Total With Sign-up Bonus **Extended Season Bonus $72.10 $65.00 $70.00 $77.00 $77.00 $66.00 $133.00 $133.00 380000 2-4 CY Loader No Operator (Back Hoe) $50.00 390000 Medium Flatbed w/Tow Behind (Capable of carrying Two (2) Vehicles) $80.00 400000 4x4 Medium Wrecker F550 $70.00 410000 Bombardier w/ Snow Blower $80.00 420000 Bobcat with Snow Blower Attachment $90.00 430000 Small Highway Snow Blower - motorized 6ft $200.00 440000 Medium Highway Snow Blower - motorized 7ft $240.00 450000 Large Highway Snow Blower - motorized 8ft Spreader and Tanker Combo on 70000 Class Vehicle, with CLS & 11ft Plow 460000 (not to be used in conjunction with Spreader Codes) Slurry Spreader on 70000 Class Vehicle, with CLS & 11ft Plow 470000 (not to be used in conjunction with Spreader Codes) 480000 Tanker - 5000 gallon or greater - Hauling Sidewalk Crew A- 2 Men, Pick-up Truck (10000 Vehicles Code), Snow Blower, Shovels and 5 500000 extra pins. Sidewalk Crew B - 3 men, pick-up truck (30000 Vehicles Code with AWD), Trailer, Bobcat 510000 w/snow blower attachment, Snow blower, Shovels and 5 extra pins. $280.00 $170.50 $5.50 $176.00 $5.00 $172.50 $5.50 $178.00 $5.00 $89.00 $150.00 $245.00 * Early Sign-up and Extended Season Bonuses are only available to Contractors that meet the following specified deadlines for submission of all required documents and vehicle inspection/calibration: September 26,2014, October 24, 2014 & November 08, 2014 submission deadlines. See page 6 of the Agreement for details. ** The extended season bonus is paid to Contractors that perform work prior to December 1st and after March 31st only. Note: An additional per hour Fuel Adjustment is added to Vehicles Codes 10000-130000, 300000-360000 & 470000-480000. See attachment B, Fuel Adjustment Worksheet Page 2 of 4 9/10/2014 Attachment A 2015-2016 Hourly Rental Rates and Vehicle Codes Codes Hourly Base *Early SignRate up Bonus Vehicles 30000 11,000 - 16,000 GVW, with minimum 9 foot PRP $78.43 $5.50 40000 16,001 - 25,800 GVW, with minimum 10 foot PRP plow $80.83 $5.50 50000 25,801 - 33,000 GVW, with minimum 10 foot plow $91.56 $5.50 60000 33,001 - 50,000 GVW, with minimum 10 foot plow $107.94 $5.50 70000 50,001 or greater GVW with minimum 11 foot plow $117.33 $5.50 80000 Grader w/ Underbody scraper, 11 ft Plow $122.64 $5.50 90000 Skid Steer, with AWD $82.70 $5.50 $80.62 $5.50 110000 Loader 2.00 - 3.99 CY, with AWD $94.90 $5.50 120000 Loader 4.00 - 5.99 CY, with AWD $117.22 $6.00 130000 Loader 6.00 CY or greater, with AWD (Roadway Only) $139.22 $6.50 Codes 4000 6000 8000 Codes 100 200 400 500 600 800 Codes 10 20 30 40 Codes 2 3 8 9 $83.93 $86.33 $97.06 $113.44 $122.83 $5.00 $128.14 $88.20 $5.00 $86.12 $100.40 $123.22 $145.72 $5.00 $5.00 $5.00 $5.00 $5.00 $5.00 Loaders 100000 Loader less than 2 CY, with AWD 2000 **Extended Season Bonus Specialty Equipment Codes Codes Total With Sign-up Bonus Spreaders/Liquid Chemical Trucks 6.00 - 9.99 CY spreader body, w/ 150 gallon chemical saddle tanks with Closed Loop System 10 CY or greater spreader body, w/ 150 gallon chemical saddle tanks with Closed Loop System 500 - 999 gallon liquid tanker, capable of applying two lanes with Closed Loop System 1000 gallon or greater liquid tanker, capable of applying two lanes with Closed Loop System Plows 11 Foot Plow, minimum 36 inches high including mold board (50000 & 60000 Vehicle Codes Only) Wing plow, 10ft Cutting Edge, Hydraulically Controlled Wing plow, 11ft Cutting Edge, Hydraulically Controlled 11 Foot Plow, minimum 36 inches high including mold board (50000 & 60000 Vehicle Codes Only) with 10ft Wing, Hydraulically Controlled 11 Foot Plow, minimum 36 inches high including mold board (50000 & 60000 Vehicle Codes Only) with 11ft Wing, Hydraulically Controlled Two Wing Plows, 11ft Front Plow, Hydraulically Controlled, (10ft or 11ft Front Mounted Wings Acceptable). Accessories All Wheel Drive (AWD) (30000-40000 Vehicles Codes Only) All Wheel Drive (AWD) (50000-70000 Vehicles Codes Only) Power Reversible Plow (PRP) (50000-70000 Vehicle Codes Only) AWD and PRP (50000-70000 Only) Miscellaneous Under Carriage Scraper (Only when used) (Not applicable to 80000 Vehicle code) Small 1 to 3 cubic yard spreader (30000 Vehicles Code only, used for Parking areas and walkways only) Wing plow, 8ft Cutting Edge, Hydraulically Controlled (30000 Vehicles Code only) Wing plow, 9ft Cutting Edge, Hydraulically Controlled (Mid-Mount) Page 3 of 4 $5.00 $5.00 $5.00 $31.00 $36.00 $48.00 $53.00 $6.50 $27.00 $35.00 $33.50 $41.50 $55.00 $5.50 $10.50 $5.50 $16.00 $40.00 $11.00 $21.50 $23.50 9/10/2014 Attachment A 2015-2016 Hourly Rental Rates and Vehicle Codes Codes 10000 300000 310000 320000 330000 340000 350000 360000 Hourly Base *Early SignRate up Bonus Additional Vehicle Codes 10,000-10,999 GVW, with 9 foot PRP, AWD 10 Wheel Dump - Hauling Tri-Axle Dump - Hauling Trailer Dump-Hauling Power Sweeper, minimum 4 CY, front dump, with gutter broom Catch Basin Cleaner, Hydraulic "Clam Shell" bucket Catch Basin Cleaner, Vactor Type High Pressure Water Jet Sewer Line Cleaner with min. 2 man crew Total With Sign-up Bonus **Extended Season Bonus $72.10 $65.50 $70.50 $77.50 $77.00 $66.00 $133.00 $133.00 380000 2-4 CY Loader No Operator (Back Hoe) $50.00 390000 Medium Flatbed w/Tow Behind (Capable of carrying Two (2) Vehicles) $80.00 400000 4x4 Medium Wrecker F550 $70.00 410000 Bombardier w/ Snow Blower $80.00 420000 Bobcat with Snow Blower Attachment $90.00 430000 Small Highway Snow Blower - motorized 6ft $200.00 440000 Medium Highway Snow Blower - motorized 7ft $240.00 450000 Large Highway Snow Blower - motorized 8ft Spreader and Tanker Combo on 70000 Class Vehicle, with CLS & 11ft Plow 460000 (not to be used in conjunction with Spreader Codes) Slurry Spreader on 70000 Class Vehicle, with CLS & 11ft Plow 470000 (not to be used in conjunction with Spreader Codes) 480000 Tanker - 5000 gallon or greater - Hauling Sidewalk Crew A- 2 Men, Pick-up Truck (10000 Vehicles Code), Snow Blower, Shovels and 5 500000 extra pins. Sidewalk Crew B - 3 men, pick-up truck (30000 Vehicles Code with AWD), Trailer, Bobcat 510000 w/snow blower attachment, Snow blower, Shovels and 5 extra pins. $280.00 $170.50 $5.50 $176.00 $5.00 $172.50 $5.50 $178.00 $5.00 $89.00 $150.00 $245.00 * Early Sign-up and Extended Season Bonuses are only available to Contractors that meet the following specified deadlines for submission of all required documents and vehicle inspection/calibration: September 25,2015, October 23, 2015 & November 6, 2015 submission deadlines. See page 6 of the Agreement for details. ** The extended season bonus is paid to Contractors that perform work prior to December 1st and after March 31st only. Note: An additional per hour Fuel Adjustment is added to Vehicles Codes 10000-130000, 300000-360000 & 470000-480000. See attachment B, Fuel Adjustment Worksheet Page 4 of 4 9/10/2014 Attachment B Fuel Adjustment Worksheet 2014-2016 Winter Season Monthly Cost of Diesel as Quoted by the Energy Information Administration (EIA) Base Rate Aug‐14 Monthly Diesel Cost, New England Retail ($/gallon) Aug. '14 Sept. '14 Oct.' 14 Nov. '14 Dec. '14 $3.982 Jan. '15 Feb. '15 Mar. '15 $3.982 Price Differential: $0.000 Assumed Fuel Consumption Rates For Various Categories Of Hired Equipment Category I II Class Code Equipment 30000 TRUCK ‐ 11,000 to 16,000 GVW 90000 SKID STEER 410000, 420000 10000 TRUCK 10,001-10,999 GVW All others 40000 to 130000 300000 ‐ 360000 430000 ‐ 480000 Assumed Consumption Rate 5.5 gallons/hour SPECIALTY EQUIPMENT TRUCKS, GRADERS, FEL's 6.75 gallons/hour SPECIALTY EQUIPMENT (The fuel adjustment for trucks utilizing wing plows will be increased by a factor of 1.5) Hourly Fuel Adjustment Per Hour Per Month PAY PERIODS: Category I: Category II: Category II wing: Sept '14 Oct.' 14 Nov. '14 Dec. '14 Jan. '15 Feb. '15 Mar. '15 Apr. '15 11 - 14 15 -18 19 - 22 23 - 26 27 - 30 31 - 34 35 - 40 41 - 44 $0.00 ‐ $0.00 ‐ $0.00 ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ Note: Fuel adjustments are based on EIA's average monthly New England diesel price for the previous month. PAY PERIODS: WK Start WK Start 13 & 14 9/21/14 10/5/14 Ends 29 & 30 1/11/15 Ends 15 & 16 10/5/14 10/18/14 31 & 32 1/25/15 2/7/15 17 & 18 10/19/14 11/1/14 33 & 34 2/8/15 2/21/15 19 & 20 11/2/14 11/15/14 35 & 36 2/22/15 3/7/15 21 & 22 11/16/14 11/29/14 37 & 38 3/8/15 3/21/15 23 & 24 11/30/14 12/13/14 39 & 40 3/22/15 4/4/15 25 & 26 12/14/14 12/27/14 41 & 42 4/5/15 4/18/15 27 & 28 12/28/14 1/10/15 43 & 44 4/19/15 5/2/15 1/24/15 Attachment C Plow Exemption Request Form This form must be in the designated vehicle while in operation. Depot No._________________ I, , of , Owner’s Name Company Name request to not carry a plow while engaged in the application of anti-icing / deicing materials along for the 2014 – 2016 Snow & Route Number/ Street Name Ice seasons. This exemption shall apply to the following vehicle: Reg. Number: Make/Model: Vendor Code: Year: This exemption is necessary based on the following reasons: (Describe safety and or operational reasons for the request) When directed by a MassDOT representative I agree to reattach the plow, within one hour. Signature Name (Print) Date I, or my designee, have reviewed this request and approve it based on the above reasons. District Highway Director Signature Date Attachment D Steel Cutting Edge Exemption Request Form This form must be in the designated vehicle while in operation. Depot No. ________________________ I, , of , Owner’s Name Company Name request to use a composite cutting edge for the purposes of plowing along for the 2014–2016 Snow & Ice seasons. Route Number/ Street Name This exemption shall apply to the following vehicle: Reg. Number: Make/Model: Vendor Code: Year: This exemption is necessary based on the following reasons: (Describe safety and or operational reasons for the request) Describe the proposed cutting edge: I agree that based on performance this exemption can be rescinded at any time. Signature Name (Print) Date I, or my designee, have reviewed this request and approve it based on the above reasons. District Highway Director Signature Date Depot No.__________ Attachment E GLOBAL POSITIONING SYSTEM (GPS) HANDSET AGREEMENT , Registered Contractor, as referred to in the snow and ice agreement with MassDOT, in consideration of payment for snow and ice removal services shall be issued a portable handset GPS device and agrees to the terms and conditions set forth below. 1. Contractor shall be issued (1) Handset; (1) Vehicle Charging System, and if necessary, a 24V to 12V converter (positive or negative ground); (1) MassDOT GPS Instruction Sheet; and (together referred to as “GPS equipment”). 2. Contractor shall at all times when assigned to snow and ice removal operations log-in and maintain the GPS equipment in any vehicle used for the operation of snow and ice control. Said equipment shall be attached within the vehicles (site approved by MassDOT) during snow and ice operations. 3. The Contractor hereby acknowledges his understanding that failure to follow the said terms and conditions for said GPS equipment may result in forfeiture of unpaid invoices. Forfeiture of payment will only apply to vehicles engaging in unauthorized activities or failing to comply with GPS procedures. Forfeiture of payment will only apply to the specific vehicle(s) that are in violation of the agreement, and only for the time the violation occurred. This does not apply to GPS equipment failures, authorized stand-by time, time acquiring materials or allowed and necessary breaks. All GPS equipment failures must be reported to a MassDOT Supervisor immediately. 4. Contractor is required to provide a DC/Cigarette Lighter adaptor (positive ground truck) for purposes of charging GPS equipment using the vehicle charging system during hours of operations. 5. Contractor shall be responsible for proper care of the issued GPS equipment including batteries and charging units. MassDOT shall be responsible for replacement of said GPS equipment, provided the broken or malfunctioning equipment is returned to MassDOT. The payment of said replacement equipment by MassDOT shall only occur for the first GPS phone issued, and shall only occur provided that the GPS equipment was not maliciously and purposely damaged by the Contractor. If the replacement GPS equipment provided by MassDOT is damaged, the Contractor shall be responsible for any and all costs for the repair and replacement of the second and subsequently issued GPS equipment. 6. Contractor shall return GPS equipment to the appropriate MassDOT facility upon completion of work for the winter season. Any outstanding payments shall not be released prior to the return of said items in proper working condition. However, MassDOT may not withhold outstanding payments based on the return of nonworking, first-issued GPS phone, which has not been maliciously or purposely damaged by the Contractor. The Contractor agrees to accept, operate and maintain the GPS equipment in accordance with the above terms and conditions. Contractor’s Signature Contractor’s State Vendor Code Date Telephone # Address Attachment F MASSDOT SNOW AND ICE CONTROL AGREEMENT CONTRACTOR LICENSE CERTIFICATION DEPOT No. __________________________________________________________ CONTRACTOR LEGAL NAME: ______________________________________________________ CONTRACTOR VENDOR CODE: ____________________________________________________ INSTRUCTIONS: MassDOT requires that Contractors, as a condition of receiving Commonwealth funds under MassDOT’s Snow and Ice Control Agreement, make the following certification: CONTRACTOR CERTIFICATION: As evidenced by the signature of the Contractor’s Authorized Signatory below, 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 MassDOT’s Snow and Ice Control Agreement; that the Contractor shall verify the status of each license for each worker assigned to such Agreement; and that the Contractor shall not knowingly or recklessly alter, falsify, or accept altered or falsified documents from any such worker(s). The Contractor understands and agrees that breach of any of these terms during the period of each contract may be regarded as a material breach, subjecting the Contractor to sanctions, including but not limited to monetary penalties, withholding of payments, contract suspension or termination. _____________________________________________ Contractor Authorizing Signature Date: _____________________________________________ Print Name Title: Telephone: Fax: Email: The Contractor is required to sign this Certification at the beginning of each winter season and prior to performing any work for MassDOT under this Agreement. A copy of this signed Certification must be attached to the “record copy” of the Contractor’s Snow and Ice Control Agreement. Attachment G CERTIFICATE OF SPREADER CALIBRATION (OPEN LOOP) Only to be used for equipment with Miscellaneous Code #3 Depot No. _________________ Date: _______________________________ Contractor’s Name: __________________________________________________________ Vehicle Information Equipment No. __________________________ Registration No. ____________________________ Year: ____________________ Make: ______________________ Model: _____________________ Spreader Equipment Make: _______________________ Model/Serial No: ____________________________________ Control System Make:____________________ Model/Serial No.:____________________________________ All vehicles must be capable of consistently dispensing highway-deicing salt at the application rates shown below, while traveling at the rate of speed between 5 and 35 MPH. APPLICATION RATE SETTING RATE DIAL GATE (in)* A: 240 lbs./1-lane mile + 10 lbs. B: 480 lbs./2-lane mile + 20 lbs. C: 720 lbs./3-lane mile + 30 lbs. * Gate setting is measured from the spreader body conveyor floor to the hardened bottom of gate. Authorized Calibration Company: ____________________________________________________ (Authorized Dealer) Certifies that the above listed spreader automated system is operated properly and that the spreader has been calibrated as shown. Authorized Signature NOTE: One copy of this completed certification is to be kept in the vehicle and one copy is to submitted to MassDOT’s District Office. Attachment - H COMMONWEALTH OF MASSACHUSETTS Issued March 2007 EXECUTIVE ORDER 481 - CONTRACTOR CERTIFICATION PROHIBITING THE USE OF UNDOCUMENTED WORKERS ON STATE CONTRACTS Depot No. __________________ CONTRACTOR LEGAL NAME: ________________________________________________ CONTRACTOR VENDOR CODE: _______________________________________________ INSTRUCTIONS: Executive Order 481 applies to all state agencies in the Executive Branch, including all executive offices, boards, commissions, agencies, departments, divisions, councils, bureaus, and offices, now existing and hereafter established. As it is the policy of the Executive Branch to prohibit the use of undocumented workers in connection with the performance of state contracts, all contracts entered into after February 23, 2007 require that contractors, as a condition of receiving Commonwealth funds under any Executive Branch contract, make the following certification: CONTRACTOR CERTIFICATION: As evidenced by the signature of the Contractor’s Authorized Signatory below, the Contractor certifies under the pains and penalties of perjury that the Contractor shall not knowingly use undocumented workers in connection with the performance of all Executive Branch contracts; that pursuant to federal requirements, the Contractor shall verify the immigration status of all workers assigned to such contracts without engaging in unlawful discrimination; and that the Contractor shall not knowingly or recklessly alter, falsify, or accept altered or falsified documents from any such worker(s). The Contractor understands and agrees that breach of any of these terms during the period of each contract may be regarded as a material breach, subjecting the Contractor to sanctions, including but not limited to monetary penalties, withholding of payments, contract suspension or termination. _____________________________________________ Contractor Authorizing Signature Date: _____________________________________________ Print Name Title: Telephone: Fax: Email: The Contractor is required to sign this Certification only once and may provide a copy of the signed Certification for any contract executed with an Executive Branch Department. A copy of this signed Certification must be attached to the “record copy” of all contracts with this Contractor that are filed with the contracting Department. Attachment I Closed Loop Ground Speed Control System Calibration and Data Verification Form Depot No. _________________ Date: _______________________________ Contractor or Company’s Name: _________________________________________________________ Vehicle Information Equipment No. __________________________ Registration No. ____________________________ Year: ______________ Make: ________________ Model: __________________ Spreader Equipment Make: _______________________ Model/Serial No: ____________________________________ Closed Loop Ground Speed Control System Make:____________ Model/Serial No.:_________________ Gate Opening 2.5” YES NO Other __________ Volume________________YD All vehicles must be capable of consistently dispensing highway-deicing materials at the application rates dictated by the MassDOT’s Policy and Procedures relative to Snow and Ice Operations. MassDOT shall require the transfer of the data gathered by having a closed loop ground speed control system. This information may be transferred by either electronic download, or paper print-out at the contractor’s discretion at the end of each event. The closed loop systems will have data logging capabilities and shall include at a minimum, but not limited to the following data: Pounds or Tons of Material Applied, Types of Material, Gallons of Liquid Dispensed, Miles Traveled, Location of Dispensed Material, Lane Miles Applied, Time of Application, Application Rates. The information shall be provided (by the Vendor) to the timekeeper or other MassDOT representative at the Depot. All pre-wetting systems shall be equipped with a flow meter to accurately dispense deicing chemical. All information gathered shall remain the property of MassDOT and used at its discretion. Authorized Calibration Company: ____________________________________________________ (Authorized Dealer) Certifies that the above listed closed loop ground speed control system is operating according to the Manufacturers Specifications and that the spreader has been properly calibrated. Authorized Signature NOTE: One copy of this completed certification is to be kept in the vehicle and the Original copy shall be submitted to MassDOT’s District Office. COMMONWEALTH OF MASSACHUSETTS OFFICE OF THE COMPTROLLER Electronic Funds Transfer Sign Up Form This form should be sent to a department with whom you do business. Request type must be checked: Initial Request Changing Existing Account Closing Account I , hereby certify that the account/s indicated on this form is under my direct control and access; therefore, I authorize the State Treasurer as fiscal agent for the State of Massachusetts to initiate, change or cancel credit entries to that account/s as indicated on this form. For ACH debits consistent with the International ACH Transaction (IAT) rules check one: I affirm that payments authorized hereunder are not to an account that is subject to being transferred to a foreign bank account. I affirm that payments authorized hereunder are to an account that is subject to being transferred to a foreign bank account. This authority is to remain in full force and effect until the Office of Comptroller has received written notification, from either me or an authorized officer of organization of the account's termination in such time and in such a manner as to afford CTR a reasonable opportunity to act upon it. VENDOR BANK INFORMATION Vendor Bank Name: Vendor Bank Transit Number (ABA): Vendor Bank Account Number: Account Type: Filling out this field is a requirement for changing account number Vendor Bank Old Account Number: Account Type: VENDOR INFORMATION Vendor Tax Identification Number (TIN): Vendor/Business Name: Vendor Contact Name: E-mail: Telephone: Address: City: State: Zip: This authorization will remain in effect until either canceled in writing or an updated form changing information is sent to the Department you currently do business with. AUTHORIZED SIGNATURE: Print Name: Title: Form forwarded to Commonwealth Department: Attached voided check here: Date: SNOW AND ICE CONTROL AGREEMENT NOTICE OF CHANGES & PROGRAMS The following program will be tested in select areas during the Snow and Ice Agreement for the 2014-2016 winter seasons: An electronic invoicing system. The following are planned changes to the Snow and Ice Agreement for the 2016-2017 winter season: All 30000 class vehicles will be required to have all wheel drive; the base rate will be revised to reflect this. 9/10/13