Book an Appointment

[bookingpress_form]

$450_Single_laneway_over_100ft_no_shovel

Snow and Ice Maintenance Contract 2023/2024

Harlow Snowplowing and Construction Services Inc. (the “Contractor”) and (the “Owner”) by this Agreement made on agree as follows:

General Conditions

a. The Contractor shall perform snow removal services (the “Work”) at (the “Premises”) for the period commencing the first day of November 2023, and ending the first day of April 2024 (the “Season”). Schedule A is to be read into and form part of this Agreement.

b. The Contractor shall have total control of the Work and shall provide all the labour, equipment, and services necessary for its performance in accordance with this Agreement and in a good and workmanlike manner. The Contractor shall comply with all laws, rules, regulations and building and fire codes which relate to the Work and shall obtain any permits or licenses necessary for the performance of the Work as at the date hereof. The Contractor will also be responsible for and shall restore at its expense all damage to the property of the Owner caused by the Contractor in the performance of the Work which damage was not reasonably foreseeable as a consequence of the Contractor’s performance of this Agreement. The Owner acknowledges that some damage to the property of the Owner is reasonably foreseeable as a consequence of the Contractor’s performance of this Agreement. Such reasonably foreseeable damage includes, but is not limited to, damage to concrete, asphalt, sod, grass, and planting materials due to the application of Sand or Salt and surface damage to curbs and asphalt due to the clearing and chipping of snow and ice.

c. If the Contractor is delayed in the performance of any portion of the Work by the presence of any vehicles, structures or equipment on the Premises which interfere with the Contractor’s ability to perform the Work, or by an act or omission of the Owner, or by the application of a Municipal By-Law, or by a stop work order (providing the order was not issued as a result of an act or omission of the Contractor), or by labour disputes, lock outs, fire, or by any other circumstance reasonably beyond the contractor’s control including heavy winter conditions, then the time for the performance of that portion of the Work shall be extended until such time as the Contractor is no longer so delayed. The Contractor shall not be responsible for any damages or losses caused by the failure of the Contractor to perform that portion of the Work during the time that the Contractor was so delayed.

d. This Agreement constitutes the whole of the agreement between the Parties and supersedes all prior negotiations, representations, or agreements. No act or failure to act shall constitute a waiver of any right or duty under this Agreement nor constitute an approval of or acquiescence in any breach of this Agreement unless expressly agreed to in writing by the Parties.

e. The Contractor shall indemnify and hold harmless the Owner, its agents and employees from and against any claim for damages arising from an occurrence of bodily injury or the destruction of tangible personal property provided that the damages are caused by the negligence or breach of this Agreement by the Contractor, or by anyone for whom the Contractor is responsible in law, in the performance of this Agreement and provided that the Contractor is given notice of the claim by the Owner within a reasonable time following the occurrence but in any event within 48 hours of the Owner first acquiring knowledge of the circumstances of the claim. The Owner expressly waives the right to claim against for, or be indemnified by the Contractor from and against, any other claims and further agrees to indemnify and hold harmless the Contractor, its agents and employees from and against any claim for damages which are not caused by the negligence or breach of this Agreement by the Contractor, or by anyone for whom the Contractor is responsible in law.

f. The Owner expressly acknowledges that it has physical possession of, is responsible for and has control over the condition of the Premises.

g. The Owner acknowledges that the application of Sand or Salt to ice or snow on the Premises will not and cannot result in the immediate or complete removal of ice from the Premises. The Contractor provides no guarantee or warranty that the application of Sand or Salt will be effective in eliminating ice in any circumstance. The Contractor will not be responsible to apply Sand or Salt unless the Sand or Salt are commercially and reasonably available to the Contractor.

h. Where pursuant to Article 3 of Schedule A to this Agreement Sand or Salt are not to be applied to the Premises at the sole discretion of the Contractor, the Owner acknowledges that the Contractor is not responsible for any damages or claims whatsoever relating to or caused in whole or in part by the failure to apply Sand or Salt to the Premises in any particular circumstance and the Owner further agrees to indemnify and save harmless the Contractor and its agents and employees from and against any such claims and acknowledges that it has the sole responsibility to engage a reasonable and effective system to review and monitor the Premises in order to determine during the Term of this Agreement whether or not Sand or Salt should be applied to the Premises.

i. Notices under this Agreement must be in writing and must be delivered in person or sent by email to the Owner at or to the Contractor at: harlowsnowremoval@gmail.com A notice will be considered to have been given or made on the day that it is delivered or emailed. Either party may give notice to the other of a change in the address or email set out above and if such notice is given the address or email specified in that notice will then apply for the purposes of giving notices under this Agreement.

Schedule A. Fixed Price Work

Payment Terms

1. Upon the commencement of a Snowfall, the Contractor shall perform the work of clearing the driveway or laneway or described in the Drawings and Specifications (the “Fixed Price Work”). The Owner will pay the Contractor the price of __$450_ plus HST for the season.

Payment will be made by:

2. For the purposes of this Agreement, a Snowfall commences when _five (5)_ cm’s or more of snow has accumulated upon the Premises, continues while the snow continues to accumulate upon the Premises.

3. The Contractor will monitor the weather conditions in the vicinity of the Premises and perform the Fixed Price Work as agreed within a commercially reasonable time period of the commencement of a Snowfall. If a further accumulation of _five (5)_ or more cm of snow occurs during that Snowfall, the Contractor will return to perform the Fixed Price Work in accordance with the agreement or the Drawings and Specifications within 24 Hours following the end of that Snowfall.

4. Where the Owner and Contractor cannot agree as to whether a Snowfall has occurred in any particular circumstance, the records of Environment Canada for the location nearest the Premises will be utilized to determine same.

5. Ice Melting Services

5.1 The Contractor shall perform Ice Melting Services (the “Ice Melting Services”) as follows: The Owner shall at its sole discretion determine if it wishes to have Salt or Sand (the “Ice Melting Products”) applied at the Premises. The Owner may request that Sand or Salt be applied by email or text and upon receiving a request to apply Ice Melting Products, the Contractor shall respond to the request within a commercially reasonable period of time.

5.2 The Contractor will be compensated for applying the Sand or Salt as follows: The Contractor will be paid for the application of Sand or Salt on the basis of unit rates as follows:

$__55__ Per Application

6. Shoveling Services

6.1 The Contractor shall perform Shoveling Services (the “Shoveling Services”) as follows:

The Contractor shall at his sole discretion remove snow using Shovels (the “Shoveling Services”) to the Premises in accordance with the discussion with the owner at the premises or the Drawings and Specifications. In determining whether or not to Shovel in any particular circumstance, the Contractor shall act reasonably, shall monitor the weather in the vicinity of the Premises and shall apply the standards of the custom of the snow and ice maintenance industry.

6.2 The Contractor will be compensated for Shoveling Services as follows: The Contractor will be paid for the application of Shoveling Services on the basis of unit rates as follows: $___150__ Per Season. (This amount is reflected in the total contract price)

Limitation of Liability

Neither the Contractor, nor any of its affiliated companies, employees, shareholders or directors shall be liable for (1) damages in excess of $5,000.00 or, (2) any special incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to the Owner or any third party arising from the services of the Contractor.

Definitions

If a drawing of the premises is provided by the Owner, it is attached as Schedule B. In this case:

The Snow Clearing Areas are described in the Drawings and Specifications and are those areas upon which snow Clearing is to occur.

Clearing involves moving snow from the Snow Clearing Areas to the perimeter of those areas. Snow Clearing will be done through Blowing, Plowing, Pushing or Shoveling as specified in the Drawings and Specifications. “Clear” has a corresponding meaning.

Blowing involves the Clearing of snow through the use of a blower attached to a tractor vehicle. Blow has a corresponding meaning.

Plowing involves the Clearing of snow through the use of a plow or blade attached to a truck or tractor or UTV vehicle. Plow has a corresponding meaning.

Pushing involves the Clearing of snow through the use of a plow or blade attached to a vehicle or motorized piece of equipment which is not a truck, including a front-end loader. Push has a corresponding meaning.

Shoveling involves the Clearing of snow through the use of hand tools, including shovels and brooms. Shovel has a corresponding meaning.

Relocation involves relocating snow from the perimeter of the Snow Clearing Areas to another location on the Premises. Relocate has a corresponding meaning.

Removal involves relocating snow from Premises to a location outside the Premises. Remove has a corresponding meaning.

Leave this empty:

Your legal name

Your email address

Please Confirm full name and signature.

Draw Signature
Type In Signature

Draw your signature with your mouse, tablet or smartphone Clear

I agree that I am and I agree this is a legal representation of my signature for all purposes just the same as a pen-and-paper signature

I agree that I am and I understand this is a legal representation of my signature

Adopt & Sign

Timestamp

Audit

October 19, 2023 10:30 am GMT

$450_Single_laneway_over_100ft_no_shovel Uploaded by Peter Smith - petesmithdal@gmail.com IP 103.226.142.122