COMMERCIAL SNOW AND ICE MANAGEMENT AGREEMENT
(Per Push / Per Event)
[YOUR COMPANY NAME]
[Address] - [Phone] - [Email]
[License # if applicable]
Agreement #: [S-0118] Date: [Month Day, Year]
1. PARTIES AND PROPERTY
Contractor: [Your Company Name] ("Contractor")
Client: [Management Company / Owner Entity] ("Client")
Property: [Property Name], [Property Address]
Authorized site contact: [Name], [Title], [Cell], [Email]
Billing contact: [Name], [Email], PO / Vendor #: [______]
2. SEASON AND TERM
Season: [November 1, YYYY] through [April 15, YYYY].
Services outside those dates are performed only on Client's
written request and billed at the rates in Section 8.
3. SCOPE OF WORK
The areas serviced under this agreement are the measured areas
set out in EXHIBIT A, which is part of this agreement. Any area
not listed in Exhibit A is excluded until added in writing.
4. SERVICE TRIGGER
Contractor will mobilize without further authorization when
accumulation on the Property reaches [2] inches.
Accumulation is measured at [the marked stake at the northeast
corner of the lot / the nearest NWS observation at ________].
Client may request service below the trigger at any time; that
service is billed at the rates in Section 8.
ICE EVENTS: freezing rain, sleet or refreeze with no measurable
accumulation triggers de-icing only, under Section 9.
5. RESPONSE AND RE-SERVICE
Contractor will be on site within [4] hours of the trigger being
reached, and will have drive lanes and the [main entrance]
passable within [6] hours.
During a continuing storm, Contractor will re-service the
Property approximately every [3] inches of new accumulation, and
will make a final clean-up pass after the snow stops.
Each pass is billed on the basis elected in Section 8.
6. SERVICES INCLUDED
- Plowing of the paved lot and drive lanes in Exhibit A
- Clearing of the walks, entries and dock approach in
Exhibit A, by [shovel / snow blower / walk machine]
- Stacking of snow in the areas designated in Exhibit A
- Application of de-icing material under Section 9
- A service record for every visit, under Section 12
7. SERVICES NOT INCLUDED
Not included unless added in writing at the rates in Section 8:
- Hauling or off-site removal of snow (Section 10)
- Loading, stacking or relocation by loader or pusher beyond
the designated areas
- Roof, canopy, awning or gutter snow and ice
- Clearing around vehicles left in the lot (Section 11)
- Damage repair to turf, curbs, irrigation or pavement
arising from conditions noted in the pre-season walk
- Sanding of unpaved areas, and spring sweep-up of material
8. PRICING SCHEDULE
Billing basis elected by Client: [per push / per event]
PER PUSH - EACH PASS OVER THE AREAS IN EXHIBIT A
[2] to [4] inches ......................... $[______]
Over [4] and up to [8] inches ............. $[______]
Over [8] inches ........................... $[______]
PER EVENT - EVERY PASS IN ONE STORM, TRIGGER TO CLEAN-UP
Up to [6] inches of total accumulation .... $[______]
Over [6] and up to [12] inches ............ $[______]
Over [12] inches .......................... $[______]
OTHER RATES
Walks and entries, per service ............ $[______]
Loader / pusher, per hour ................. $[______]
Hand crew, per labor hour ................. $[______]
Site visit below the trigger .............. $[______]
Minimum charge per mobilization ........... $[______]
Per push, a storm needing three passes is billed as three
pushes. Per event, a storm is one event from the trigger to the
final clean-up pass.
9. DE-ICING AND SALT
Material: [bulk treated rock salt / brine / calcium chloride].
Priced per [application / ton applied] at $[______], applied at
Contractor's discretion when pavement conditions require it, and
on Client's request.
Contractor sets the application rate for the pavement
temperature and conditions in its professional judgment, and may
pre-wet salt or change material below [15] degrees F.
PRE-TREATMENT: before a forecast event Contractor [will / will
not] apply liquid anti-icing to [the lot / the walks and
entries], priced at $[______] per application.
SALT SUPPLY: if bulk salt is unavailable or Contractor's
delivered cost rises more than [20]% above $[______] per ton
during the season, Contractor will notify Client in writing and
the parties will agree an adjusted rate or a reduced application
plan before further applications. Contractor is not in breach
for a material shortage outside its control.
10. SNOW STACKING AND RELOCATION
Snow is stacked in the areas designated in Exhibit A. Client
accepts that stacked snow occupies those areas, including any
parking spaces within them, for the duration of the season.
When designated stacking areas are full, or when stacked snow
blocks sight lines, a fire lane or an accessible route,
Contractor will notify Client and relocation or hauling will be
authorized in writing and billed under Section 8. Contractor is
not responsible for lost parking spaces or for turf, curb or
irrigation damage inside designated stacking areas.
11. SITE CONDITION AND THE PRE-SEASON WALK
Before the season begins, the parties will walk the Property
together and record: the designated stacking areas, the
location of curbs, islands, wheel stops, hydrants, catch basins,
bollards, light bases and irrigation heads, any pre-existing
pavement damage, and the areas Client will have cleared of
vehicles. Markers are placed by [Contractor / Client].
Contractor is not responsible for damage to items not visible
above the snow line and not recorded in that walk.
Client will use reasonable efforts to have the lot clear of
parked vehicles during service. Areas that cannot be reached
will be noted in the service record and cleared on the next
visit or on a return trip billed under Section 8.
12. SERVICE RECORDS AND STORM COMMUNICATION
For every visit Contractor will record the date, arrival and
departure times, the accumulation observed, the services
performed, the material applied and the quantity, and any
condition observed on site, and will provide that record with
the invoice. Records are retained for [3] years.
Both parties agree this record is the primary account of the
services performed.
Contractor will notify the site contact by [text / email] when
crews mobilize for an event and when each visit is complete,
and will name one storm contact reachable during every event:
[Name], [Cell].
13. EQUIPMENT AND BACK-UP
Contractor will assign to the Property: [list machines].
If assigned equipment fails, Contractor will substitute
equipment of equivalent capability or subcontract the work at no
additional cost to Client, and remains responsible for the
result. Contractor keeps back-up equipment or a subcontractor on
call for each primary machine assigned.
14. FORCE MAJEURE
Neither party is liable for delay caused by events outside its
reasonable control. A snowfall exceeding [12] inches in [24]
hours, a declared state of emergency, or a road closure extends
the response times in Section 5 for the duration of the event;
Contractor will keep Client informed and prioritize the
[main entrance and accessible route].
15. INSURANCE
Contractor maintains, for the term:
- Commercial general liability, $[1,000,000] per occurrence /
$[2,000,000] aggregate
- Commercial automobile liability, $[1,000,000]
- Workers' compensation as required by law
- Excess / umbrella liability, $[______]
The general liability policy covers snow and ice management
operations and carries no snow and ice exclusion.
A certificate of insurance naming [Owner Entity] and
[Management Company] as additional insured for ongoing
operations will be provided on execution and at renewal.
Additional insured status shares Contractor's limits; it does
not add limits.
16. INDEMNITY AND SLIP AND FALL
Each party is responsible for claims arising from its own
negligence. Contractor's indemnity of Client is limited to
claims arising from Contractor's performance or failure to
perform the services in this agreement, and does not extend to:
conditions before Contractor's first response window has run,
areas excluded in Exhibit A, refreeze occurring after a
completed and documented service, or Client's own acts or
omissions.
Client is responsible for inspection and for requesting service
between visits.
Contractor's total liability under this agreement is limited to
[the amounts paid by Client under this agreement / the limits of
the insurance in Section 15], except where limitation is not
permitted by applicable law.
Contractor does not agree to a defense obligation broader than
its insurance covers.
17. PAYMENT TERMS
Invoiced [after each event / monthly] with the service records
from Section 12 attached. Net [14] days.
Late payments accrue [1.5]% per month, to the extent permitted
by applicable law.
Contractor may suspend service on an account more than [30] days
past due, on written notice.
18. TERM, RENEWAL AND CANCELLATION
This agreement renews for successive seasons unless either party
gives written notice at least [30] days before the start of the
next season. Contractor may propose a rate adjustment for any
renewal season with the same notice.
Either party may terminate for convenience with [30] days'
written notice, effective no earlier than the end of the current
month. Either party may terminate immediately for material
breach not cured within [10] days of written notice.
19. GENERAL
Contractor is an independent contractor and may use qualified
subcontractors, remaining responsible for the work and for the
insurance in Section 15. Neither party may assign this agreement
without the other's written consent. This document and Exhibit A
are the complete agreement between the parties and supersede
prior discussions, and are governed by the laws of the State of
[State]. Changes must be in writing and signed by both parties.
EXHIBIT A - MEASURED SCOPE OF WORK
Property: [Property Name], [Property Address]
Areas measured [from satellite imagery / on site] on
[Month Day, Year].
PLOWED AREA
Parking lot and drive lanes ......... [48,000] sq ft
...................................... ([1.10] acres)
CLEARED BY HAND OR WALK MACHINE
Walks, entries and dock approach .... [2,400] sq ft
...................................... ([480] linear ft)
DESIGNATED SNOW STACKING AREAS
Landscape islands and NE grass corner [6,200] sq ft
Stacking is not permitted in: [the accessible spaces, the
dock apron, within 10 ft of a hydrant, over a catch basin,
or anywhere blocking a sight line at the [Main St] exit].
EXCLUDED FROM THIS AGREEMENT
- [The rear gravel yard and its access drive]
- [The roof, canopies and awnings]
- [The tenant patio behind Suite ____]
- [Any area not listed above]
A site plan or satellite image with these areas outlined is
attached to and part of this Exhibit.
ACCEPTED AND AGREED
Client: ___________________________ Date: ____________
Print name / title: [Name], [Title]
Entity: [Management Company / Owner Entity]
Contractor: _______________________ Date: ____________
Print name: [Your Name], [Your Company Name]