SNOW AND ICE REMOVAL

CONTRACT AGREEMENT

OWNER:

Owner’s Legal Name

Owner’s Address, City, State, Zip

MANAGEMENT COMPANY:

Benchmark Management ofState Name, Inc.

CONTRACTOR:

Contractor’s Legal Name

Contractor’s Address, City, State, Zip

AGREEMENT DESCRIPTION

  1. The work of this Agreement can be summarized as follows:
  1. Generally, the Contract Agreement includes, but is not limited to the following: all necessary labor, materials, equipment and tools necessary to provide snow and ice removal services at the following location(s):Community Address, City, State, Zip
  1. The scope of work includes the following but is not limited to:
  1. Snow removal services shall include plowing, removal and disposal of snow, removal of ice and ice build-up, salting as needed to maintain bare pavement as weather will permit to ensure proper and safe access to the buildings and parking lots at all times.
  2. Contractor is responsible for all parking lot and drive maintenance related to snowplowing and determination for rock salt and/or other ice melt applications.
  3. Contractor shall perform snowplowing services and salt/ice melt applications in a skillful, diligent, thorough, and careful manner.
  4. The application of salt for the purpose of melting ice shall be limited to the asphalt drives and parking areas, and be applied by contractor in a uniform manner using mechanical salt spreader to achieve manufacturer's recommended dispersion and application rates.It is understood that the use of sand or cinders on paved area and/or sidewalks will not be acceptable under this agreement.
  1. Contractor shall plow all driveways and approaches within two (2) hours of any snowfall in excess of two (2) inches. The Owner reserves the right to hire equipment and labor if the contractor does not respond to a snow event within this reasonable time.
  2. Contractor shall push the snow to the areas previously agreed upon with Owner, unless the contractor is unable to do so due to significant or unusual weather conditions. Snow will be pushed back as far as possible.
  3. Snow is to be cleared from all parking areas, drive lanes, drive ramps, entrances, exits and any other vehicle driving surfaces including emergency vehicle access roads, drives or the like.
  4. The Contractor shall not plow or pile snow in areas adjacent to fire hydrants or any other utility equipment. The Contractor shall also maintain clear access for waste disposal companies to service all dumpsters and compactors on the premises.
  5. All snowplowing equipment used by Contractor during the course of the work must have skid bars or rollers on the contact surface of the plowing blades to minimize the possibility of asphalt damage. All equipment utilized on site shall be suitable for the size of the community and appropriate for the site conditions and weather events.
  6. Snow accumulation, when deemed by the Owner to be hauled on or off site, will be paid for on a time and material basis per the hourly rates specified below for the following types of equipment:
  7. Pickup Truck $______/ Hr.
  8. Bobcat $______/ Hr.
  9. Backhoe $______/ Hr.
  10. Front End Loader $______/ Hr.
  11. Dump Truck (5-8 Yrd) $______/ Hr.
  12. Dump Truck (12-14 Yrd) $______/ Hr.
  13. Other ______at $______/ Hr.
  14. Other ______at $______/ Hr.
  15. Snow removal from the premise will not be performed without the owner’s approval; Owner not responsible for cost if contractor fails to secure prior approval.
  16. Contractor shall install approved marking stakes or marking poles at strategic points on the property prior to the first snowfall to aid in avoiding plow damage to property and landscaping. The installation and removal of such markers is the responsibility of the contractor, and said markers may only be installed after October 15th and must be removed before April 15th.
  17. Spring clean-up will consist of removing all sand, cinders or other debris brought in by seasonal salting.
  18. All damages from snow plowing operations must be repaired prior to final payment, including damages to curbs, bollards, landscaping, fencing, etc.
  19. Contractor shall complete plowing and salting logs, attached exhibits of this agreement, after each site visit and promptly submit to Management Company on a monthly basis.
  1. Additional Requirements:
  1. Contractor represents that, prior to submitting a proposal, Contractor has examined all the conditions relating to the work, visited the site and assumes full responsibility for work associated herein.
  1. No portion of this Agreement may be subcontracted without prior written approval from the Owner; any such assignment without Owner's written consent shall be void and form the basis for Owner to terminate this Agreement at its election.
  2. During the entire term of this Agreement, Contractor shall carry the following insurance and provide current certificates of insurance to the Owner:
  3. Employer’s Liability Insurance to comply with applicable State Laws, and contain a Limit of General Liability ofat least $1,000,000 per occurrence.
  4. Worker’s Compensation Insurance to comply with State Laws.
  5. Comprehensive General Liability to cover bodily injury, death, and property damage.
  6. A waiver of subrogation in favor of Owner and Management Company is required and hereby stipulated in regards to the contractor’s workers' compensation policy.
  7. The Contractor agrees to name Owner and Management Company on all insurance policies as primary additional insureds on a non-contributing basis. Any costs incurred by Owner and/or Benchmark Management Corporation as a result of Contractor's neglect in effecting the above shall be deducted from amounts due under this Contract, and Owner shall also have the right to exercise any other legal remedy available to it at law or in equity.
  8. Contractor expressly agrees to defend, indemnify and hold harmless the Owner and Management Company, their affiliates, subsidiaries, directors, officers, employees, agents and representatives from and against all claims, damages, losses and expenses, including attorneys' fees and court costs, attributable to, resulting from, or arising out of Contractor's work performed under this Contract, including acts or omissions of anyone directly or indirectly employed by Contractor or for whose acts it may be liable. Owner shall also have the right to exercise any other legal remedy available to it at law or in equity.
  9. The Agreement duration is from November 1,Current Yearto March 31,Next Year.
  10. This agreement may be canceled by either party with 30-day written advanced noticedelivered to the above address.
  11. No additional work shall be performed under this Agreement without written authorization from the Owner's representative. No payment will be made for any unauthorized work.
  12. When a change of scope occurs, which may require an adjustment to the Agreement sum, a proposal request will be issued to the Contractor for pricing. The proposal from the Contractor shall be based on one of the following methods:
  13. Mutual acceptance of a lump sum amount that is properly itemized and supported by sufficient substantiating information to permit evaluation.
  14. Unit prices stated in the Agreement documents or subsequently agreed upon extending over mutually agreed upon quantities.
  15. Cost to be determined in a manner agreed upon by parties, plus a fixed or percentage fee as stated in the bid and or Agreement documents.
  16. Contractor shall abide by the Department of Motor Vehicle requirements, rules and regulations of the state where plowing and/or salting activities are being performed.
  17. The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs, including all those required by law in connection with performance of the Contract. Furthermore, Contractor herby warrants that contractor has a written safety program related to their profession and the tasks and duties that contractor's employees will be undertaking during this project.
  18. Copies of MSDS for each chemical to be utilized or stored on site shall be provided to Owner prior to delivery. No chemicals are to be brought on site for any means without prior authorization of Owner.
  19. In the event that any provision of this Agreement is held to be illegal or otherwise unenforceable for any reason, such provision shall be severed from this Agreement. The entire Agreement shall not fail on account thereof, and the balance of the Agreement shall continue in full force and effect.
  1. Billing Procedures:
  1. Contractor shall submit detailed invoice, which shall list each billable item including applicable sales tax, in a timely manner to Property for payment. Invoices submitted after 90-days from completed Work will not be accepted nor paid.
  1. Payments:
  1. A progress payment by the Owner shall not constitute acceptance of Work that is not in accordance with the requirements of the Contract.
  1. Contractor shall promptly pay each subcontractor and/or material supplier upon receipt of payment from the Owner. Contractor will provide a complete waiver of lien from any subcontractors, material suppliers, or any other vendors having provided supplies, labor, services, or other work included in project. The Contractor shall provide waivers of liens for previously paid amounts to subcontractors, material men or any other vendors having work included in previous payment applications.
  2. Payment for work performed will be made according to the following schedule:
  3. Net-30 from approved invoice.
  4. The cost of the services described in this Contract Agreement and timing of payments are as follows:
  1. Acceptance:

The undersigned herby warrants they are an officer of their company or otherwise have the authority to enter into this contract agreement, and furthermore hereby agree to all of the terms and conditions of this contract agreement.

Owner’s AgentContractor

Name (print): Chris Boehnen Name (print):

Title: National Service Director Title:

Signature: Signature:

Date: Date:

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Contractor Snow and Ice Removal Log
Community Name: / Contractor:
DATE / TIME (AM/PM) / TEMP / Drives & Parking Areas Plowed / Drives & Parking Areas Salted / Amount of Salt Used (Indicate tons or bags) / Service performed by (employee name):
Notes:
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