HomeMy WebLinkAboutModel Contract for snow and ice management
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CONTRACT FOR SNOW AND ICE MANAGEMENT SERVICES
Updated November 15, 2018
This contract (“Contract”) is entered into by and between [contractor company] (“Contractor”)
and [name of property owner] (“Owner”) on this [date] day of [month], [year], for [property
description] (“Site”).
The following terms apply to Contractor’s use of anti-icing, de-icing, and traction enhancing
materials and methods (together, “snow and ice management materials and methods”) to
complete all snow and ice management services (“Services”) specified in the Scope of Work
(Exhibit A).
1. DESCRIPTION OF SERVICES
a. Contractor will provide the management, supervision, workforce, equipment, and
supplies necessary to provide the Services expected to commence on or about [month,
day, year] in conformance with the Level of Service Agreement (Exhibit B).
b. Contractor will exercise judgment as to snow and ice management materials and
methods, including when application of materials is appropriate, choice of
material, method of application and application rates. In making these decisions,
Contractor in its judgment will consider, among other things, weather
conditions, traction needs, cost, and damage to surfaces, infrastructure and
vegetation from de-icing materials.
c. Snow and ice management materials contribute pollutants including sand and
chlorides to the environment. Chloride accumulates in the environment, and
high chloride levels: (a) are harmful to fish and other freshwater aquatic life; (b)
may impair groundwater and drinking water supplies; and (c) may cause injury
to infrastructure and vehicles, plants, soil, pets and wildlife. Sand may affect
surface water habitat and may increase public cost by accumulating in
downstream conveyances and basins. Chemicals and nutrients from other de-
icing materials also negatively impact the environment.
d. In recognition of these concerns, Contractor provides the Services relying on
Best Practices described in section 5.
e. Contractor and Owner intend that the Services provide for reduced
environmental and property damage impact from de-icing activities while
achieving the same level of service and effectiveness for safe movement of
persons and vehicles that would be achieved without use of the approach
described in section 5. Contractor and Owner will agree on a Level of Service
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based on a site assessment. Contractor and Owner rely on the authority and
findings of the resources described in section 5, and on the Contractor’s Smart
Salting training and certification in Best Practices, for their conclusion that the
use of Best Practices under this Contract will achieve equivalent service and
effectiveness.
2. PRICING AND PAYMENT
Contractor’s pricing for the Services reflects Contractor’s use of Best Practices.
Contractor and Owner will discuss the elements of this Contract prior to a pricing
determination.
a. PRICING
i. Per visit charge [if relevant]:
ii. Per application charge: Contractor bills Owner for application of salt and
other deicing materials based on usage of those materials which may not be
used during every site visit.
b. PAYMENT
i. Payment for Services is due to Contractor [payment schedule].
ii. Pricing terms for the Services are as follows: [insert]
iii. The following is an itemized description of the price increases and
decreases associated with the use of Best Practices: [insert]
3. SERVICE TERM
Contractor will provide all management, supervision, labor, equipment, materials, tools
and supplies to provide the Services from [dates of service].
4. SNOW REMOVAL
a. TRIGGER DEPTH
b. PLOWING/SHOVELING
c. BLIZZARDS, HEAVY SNOW, WIND
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5. USE OF BEST PRACTICES TO LIMIT ENVIRONMENTAL IMPACT AND
VEGETATION/STRUCTURE DAMAGE
a. BEST PRACTICES STANDARD
i. Contractor relies on Best Practices which include the following:
- Responsible application of appropriate material at the proper amount
and rate;
- Employment of the correct procedure(s) for the temperature and
conditions;
- Accurate, regular record keeping and data recordation;
- Responsible storage of deicing materials, salt, and snow;
- Regular calibration of equipment; at a minimum once annually;
as more fully explained in these resources and updates to these resources:
- Minnesota Pollution Control Agency Smart Salting Level 1 and Level
2 certification, training materials, and resources;
- Winter Parking Lot and Sidewalk Maintenance Manual (Minnesota
Pollution Control Agency, 2015);
- Minnesota Snow and Ice Control Field Handbook for Snowplow
Operators (MnDOT, 2012);
- Smart Salting Assessment Tool (SSAt) (Minnesota Pollution Control
Agency);
- Snow and Ice Management Association’s Best Practices Checklist;
that together outline an approach to de-icing intended to reduce the use
of chloride-containing de-icing materials, and reduce the discharge of
chlorides and solid materials from the Site, in order to limit off-site
environmental impacts and surfaces and infrastructure damage on and
off-site from the de-icing activity, and that together are referred to in this
contract as “Best Practices.”
ii. Contractor will perform the Services in accordance with Best Practices.
In performing the Services, Contractor will use its experience, training
and professional judgment to incorporate Best Practices to the fullest
extent appropriate under site conditions and weather circumstances.
Contractor and Owner intend that the Services provide for reduced
environmental and property damage from de-icing activities while
achieving equivalent safety and level of service outcomes to those that
would be achieved without utilizing Best Practices.
iii. In incorporating Best Practices, Contractor will maintain compliance
with ADA compliance requirements. Contractor will perform the
Services so that, in its judgment, effectiveness in addressing slippery
conditions is not reduced from that which would be achieved absent the
use of Best Practices.
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b. CONTRACTOR TRAINING
i. A delivery of Services that involves a deicing decision or action will be
reviewed by a Contractor representative who has current certification in
lower salt-use strategy training from the Minnesota Pollution Control
Agency Level 1 Smart Salting certification program. Contractor is
Minnesota Pollution Control Agency Level 2 Smart Salting certified and
its certification is current. A list of currently certified contractors is
available on the Minnesota Pollution Control Agency Smart Salting
training website.
ii. Contractor will provide Owner with information about the Minnesota
Pollution Control Agency’s Smart Salting certification list on which
Contractor is included as a currently certified contractor.
c. DOCUMENTATION
i. In addition to other documentation requirements of this contract,
Contractor will document its de-icing operations so as to demonstrate use
of Best Practices. This includes time; area serviced; Services provided;
de-icing materials used; application rate or quantity; and storm event
pavement temperature and precipitation rate.
ii. Contractor will calibrate de-icer delivery equipment at a minimum of
once per year, and provide calibration records on Owner’s request.
d. OWNER’S OBLIGATIONS
i. Before November 1 of the contract year, Owner will give Contractor a
Site map indicating locations of Site storm drains, and Site locations
where water collects or discharges from downspouts or surfaces onto the
Site surface.
ii. Owner will inspect Site lighting on a regular basis between November 1
and April 30, and will replace non-functioning lighting within a week of
inspection.
iii. On its own discovery or at Contractor’s request, Owner promptly will
place signage of appropriate size and visibility to warn of localized
conditions that are susceptible to becoming or remaining more slippery
than the Site as a whole.
iv. On learning of same, Owner promptly will inform Contractor in writing
of slip and fall, vehicle accident or other occurrence of injury or property
damage in which slipperiness may have been a factor.
v. Owner acknowledges that salt and de-icing materials can result in
damage to on- and off-site property, surfaces, and infrastructure.
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e. COMMUNICATION
i. Each party will provide the other with contact names and telephone numbers
of one or more authorized representatives who will be official contracts
regarding the Services.
ii. Contractor will maintain a service call record that will remain available to
Owner for review at any time.
6. DUTY OF CARE
a. Contractor will perform the Services with due care and in accordance with training
obtained under paragraph 5.b, above.
b. Notwithstanding paragraph 1.e, above, a determination that the Services,
incorporating Best Practices, were less effective for the safe movement of
persons and vehicles than if Best Practices had not been used, does not mean
that Contractor or Owner failed to exercise due care.
c. Contractor will seek to minimize noise in performing the Services but is not
responsible for eliminating noise associated with performance of the Services.
d. Contractor will not perform Services where, in its judgment, damage to vehicles
parked within the area to be serviced may result. Contractor is not responsible for
snow and ice conditions on portions of the Site that could not be serviced due to the
presence of vehicles or structures preventing adequate access.
e. Owner recognizes that Contractor exercises judgment as to ice management
materials and methods, including when application of material is appropriate,
choice of material, method of application and application rates. In making these
decisions, Contractor in its judgment considers, among other things, weather
conditions, traction needs, cost and damage from materials to surfaces,
infrastructure, and vegetation. The Contract states Owner’s recognition that
snow removal and ice management services will not necessarily result in bare
pavement or sidewalks.
f. Owner will not claim that Contractor has violated or breached this contract by
giving consideration to pollutant or public infrastructure impacts in its ice
management materials and methods, unless Contractor has deviated
substantially from Best Practices. In any claim, dispute or proceeding
concerning damage or injury to Owner or any third party, Owner will not claim
that Contractor has violated a duty of care or any other applicable legal
standard by giving consideration to pollutant or public surfaces and
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infrastructure impacts in its ice management materials and methods, unless
Contractor has deviated substantially from Best Practices.
7. CONTRACT TERM
The term of this Contract will be for [length of contract term].
8. SUBCONTRACTORS
Contractor may subcontract services it is obligated to supply, and is responsible for the
acts and omissions of employees, subcontractors and individuals employed by
subcontractors. Nothing in this Contract creates a contractual relationship between any
subcontractor and Owner.
9. PERFORMANCE
Time is of the essence in performance of Services in conformance the Service Level
Agreement. Contractor is not liable for delay caused by Owner or its agents, labor
disputes, Acts of God, or federal, state or local law.
10. INDEMNIFICATION
Contractor will indemnify Owner, and its officers and employees, and hold them
harmless, with respect to all claims, liabilities, damages and costs whatsoever for death or
bodily injury, or property damage, arising out of Contractor’s, or a subcontractor’s,
performance of the Services, including its incorporation of Best Practices, except to the
extent due to Owner’s failure to perform an obligation under this contract, or Owner’s
negligent or willful act.
11. INSURANCE
a. At all times during the performance of the Services, Contractor will have and keep in
force the following insurance coverages:
i. Commercial general liability (CGL): $2.0 million each occurrence and
aggregate, covering work and completed operations. The certificate will
confirm contract liability coverage before any subcontractor is used.
ii. Automobile liability: combined single limit each occurrence coverage for
bodily injury and property damage covering all vehicles, $2.0 million.
b. By means of endorsement or otherwise, Contractor will adequately demonstrate to
Owner coverage for death, injury and property damage claims associated with the
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Services sufficiently broad as to encompass all claims for which Contractor is
responsible under this contract.
c. Insurance coverage will be on an occurrence basis. Owner’s deductible under either
policy may not exceed $XXXX. By the effective date of the contract, Contractor will
supply to Owner a certificate of insurance showing the required coverages. The
certificate will name Owner as a holder and an additional insured under the CGL
(Contractor’s work and completed operations) and automotive policies with primary
coverage on a non-contributory basis, and will state that Owner will receive written
notice under the same terms as Contractor before cancellation, non-renewal, or a
change in the liability limit of any described policy. On request, Contractor promptly
will supply Owner an endorsement establishing Owner coverage as an additional
insured as required above.
12. GOVERNING LAW
Contractor will carefully observe all locally prescribed safety regulations, laws, and
practices in performance of the Services. Both parties will fully comply with all Federal,
State, Local, and city laws, regulations and ordinances. The law of the State of Minnesota
governs the parties to this Contract.
13. SEVERABILITY
Should any of the provisions in this Contract be found invalid, illegal, or unenforceable,
such a determination will not affect any other provision in this Contract.
14. TERMINATION
Owner may terminate this Contract for cause by providing Contractor written notice to
terminate with at least 30-day notice. Contractor may terminate this agreement for cause
by providing Owner with written notice to terminate with at least 30-day notice. After
termination, Contractor has no further obligation to provide the Services. Termination by
Contractor does not affect any remedy or remedies for payment to which Contractor is
legally entitled. Owner will pay all costs and expenses including reasonable attorney’s
fees incurred or expended by Contractor to collect sums due from Owner and to
otherwise enforce the provisions of this Contract. Upon termination, Contractor will
adjust the final billing to Owner to reflect all unpaid costs.
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15. ENTIRE AGREEMENT
This Contract, including all exhibits and amendments signed and incorporated herein,
constitute the entire agreement between the parties and supersede any and all other
agreements, either oral or in writing. By signing below, each part acknowledges that
they have read and understand this Contract to constitute the entire agreement between
the parties. Any changes to this Contract are not binding unless they are in writing
and signed by both parties hereto.
IN WITNESS WHEREOF, the parties have caused this contract to be executed by their duly
authorized officers on the dates set forth below.
[Contractor company name] [Owner name]
By: _____________________ By: ______________________
Its: _______________ Its: ________________
Date: ___________________ Date: ____________________
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EXHIBIT A
SCOPE OF WORK
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EXHIBIT B
LEVEL OF SERVICE AGREEMENT