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Pay-per-Visit Winter Maintenance Agreement

This PAY-PER-VISIT WINTER MAINTENANCE AGREEMENT (this "Service Agreement") is made and entered into on the _____ day of _______________ /________ by and between PEACHEY CONTRACTING located at 3-26 Empress Ave, London, Ontario, N6H-1M5 (hereinafter "CONTRACTOR"), and ________________________________________________________________________________


In consideration of the payments described in Schedule "A" attached here to, the Contractor shall perform the work (the "Work") described in Schedule "A", at the lands and premises municipally known as ______________________________________________________________________ (the "Premises") during the period commencing the first day of _______________ / ________ and ending the last day of _______________ / ________. Schedules "A", "B" and "C" are to be read into and form part of this Agreement.).


If requested to do so by the Client, the Contractor shall provide evidence of compliance with applicable workers' compensation legislation, including payments due there under. The Contractor shall maintain at its own expense Comprehensive General Liability insurance in the minimum amount of $2,000,000 per occurrence for bodily injury, death and property damage and evidence of such insurance shall be provided by the Contractor to the Client upon the request of the Client.

The Contractor shall be responsible for and shall restore at its expense all damage to the property of the Client 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 Client acknowledges that some damage to the property of the Client is reasonably foreseeable as a consequence of the Contractor's performance of this Agreement, which reasonably foreseeable damage includes, but is not limited to, damage to concrete, asphalt, sod, grass and planting materials due to the application of ice melting products and surface damage to curbs and asphalt due to the clearing of snow and ice.

The Contractor shall indemnify and hold harmless the Client, its agents and employees from and against any claim for damages arising from an occurrence of bodily injury or death or the destruction of tangible personal property provided that the damages are caused by the negligence or breach of this Agreement of the Contractor or anyone for whom the Contractor is responsible in law and provided that the Contractor is given notice of the claim by the Client within a reasonable time following the occurrence but in any event within 48 hours of the Client first acquiring knowledge of the circumstances of the claim. The Client expressly waives the right to be indemnified by the Contractor and agrees to indemnify and hold harmless the Contractor, its agents and employees from and against any claim for damages save and except those which arise due to the negligence or breach of this Agreement of the Contractor and as are described in this Article 4.

If there is a conflict within this Agreement, the Site Map (if any) takes precedence over the Drawings and Specifications, the Drawings and Specifications take precedence over Schedule "A" and Schedule "A" takes precedence over the remainder of the Agreement. This Agreement constitutes the whole of the agreement between the Parties and supersedes all prior negotiations, representations or agreements.

The Client expressly acknowledges that it has physical possession of, is responsible for and has control over the condition of the Premises. If the Contractor is delayed in the performance of any portion of the Work by the application of a by-law, by a stop work order (providing the order was not issued as a result of an act or omission of the Contractor), by labor disputes, lock outs, fire, or by any other circumstance reasonably beyond the Contractor's control, including extremely heavy winter conditions, then the time for the performance of that portion of the Work shall be extended until the Contractor is no longer so delayed. If during any particular attendance the Contractor is unable to perform Work in an area of the Premises due to the presence of any vehicles, structures or equipment on the Premises, the Contractor will not be required to perform the Work in those areas until the Contractor's next attendance at the Premises.

Should the Contractor fail to comply with the requirements of this Agreement to a substantial degree, the Client may notify the Contractor in writing that the Contractor is in default of its contractual obligations and instruct the Contractor to correct the default within 5 business days. If the Contractor fails to correct the default in the time specified or subsequently agreed upon, the Client may correct the default and deduct the cost thereof from any payment due to the Contractor or terminate the Agreement. If the Client so terminates the Agreement, the Contractor shall be entitled to be paid for the value of all Work performed to the date of the termination.

Notices under this Agreement must be in writing and must be delivered in person or registered mail to the Client:




AND the Contractor:

Peachey Contracting

3-26 Empress Ave, London, Ontario, N6H-1M5







A notice will be considered to have been given or made on the day that it is delivered, or, if mailed, five (5) business days after the date of mailing. Either party may give notice to the other of a change in the address set out above and if such notice is given the address specified in that notice will then apply for the purposes of giving notices under this Agreement.




Schedule "A" To The Pay-Per-Visit Winter Maintenance Agreement Between _________________________________ and PEACHEY CONTRACTING Dated this _____ day of _______________ / ________.



Definitions

The Drawings and Specifications are attached as Schedule "B", form part of this Agreement and also include any site map prepared by the Contractor and approved, before or after execution of this Agreement, by the Client (the "Site Map").


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


Snow Stock piling Areas are those areas to be determined at the discretion of the Contractor where Cleared snow will be accumulated, subject to Relocation or Removal.


Ice Management Areas are those areas upon which Ice Melting Products are to be applied, through truck, machine and/or hand applications, in accordance with the Drawings and Specifications.


Clearing involves moving snow from the Snow Clearing Areas to the Snow Stock piling Areas through Plowing, Pushing or Shoveling as specified in the Drawings and Specifications. "Clear" has a corresponding meaning.


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


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


Shoveling involves the Clearing of snow through the use of hand tools, including shovels pushers, blowers 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 in accordance with the Drawings and Specifications or as directed by the Client. "Relocate" has a corresponding meaning.


Removal involves relocating snow from the perimeter of the Snow Clearing Areas to a location outside the Premises in accordance with the Drawings and Specifications or as directed by the Client. "Remove" has a corresponding meaning.


Ice Melting Products, for the purposes of this Agreement, include Sodium Chloride (Rock Salt), Potassium Chloride, Magnesium Chloride, Calcium Chloride, and/or Sand.


A Snow fall commences when snow begins to accumulate upon the Premises and ends when the continuous accumulation upon the Premises ceases.




Description of the Work

2.1 The Contractor will attend at the Premises, within ____ hours of the first accumulation of ____" of snow during a Snowfall, to commence snow Clearing once in accordance with the Drawings and Specifications.


________________ Snow falls will be included as part of the Fixed Price Work, after which the Contractor will be paid for each additional Snow fall, as Additional Work, the sum of $_____________, taxes included.

2.2 As part of the Fixed Price Work, the Contractor shall at its sole discretion determine when and in what quantities Ice Melting Products are to be applied to the Premises in accordance with the Drawings and Specifications. In determining whether or not and how to apply Ice Melting Products 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.


2.3 The Client acknowledges that Ice Melting Products, which are not intended to provide traction, are freeze point depressants only, the effectiveness of which will depend on ground temperatures and weather conditions at, and following, the time of their application. The Client further acknowledge that the application of Ice Melting will not and cannot result in the immediate or complete removal of ice or snow from the Premises and the Contractor provides NO guarantee or warranty that the application of Ice Melting Products will be effective in eliminating ice or snow. The Contractor will apply Ice Melting Products towards managing, but not eliminating, the risks associated with snow and ice.


2.4 The Contractor will NOT be responsible to apply the Ice Melting Products if they are not commercially and reasonably available to the Contractor, at commercially reasonable rates. If the Ice Melting Products are not so available, the Contractor will advise the Client promptly and the Client and Contractor will negotiate the extent to which alternative ice melting products will be used (if available), what other steps might be taken to address the issue and the extent to which the Fixed Price for the work described in paragraph 4, below, will be adjusted.


2.5 The Client acknowledges that it has declined the use of premium ice melting products/services, including 24 hour premium on-site service, which are designed to better manage the risk of a slip and fall then the use of the Ice Melting Products and standards of service called for under this Agreement.


2.6 Unless the Drawings and Specifications provide otherwise, neither Snow Removal nor Snow Relocation are included as part of the Fixed-Price Work but must be requested by the Client as Extra Work in accordance with paragraph 3, below. The Contractor will advise the Client if, in the Contractor's opinion, Snow Removal or Snow Relocation should be performed and, should no approval for Extra Working that regard be provided, the Contractor will not be responsible for losses or damages which might have been prevented had the Snow Removal or Snow Relocation occurred.


2.7 The Contractor will keep and maintain records to document its attendances on site and its application of Ice Melting Products, and will make those records available to the Client upon reasonable request if the Client pays the reasonable photocopying charges associated with the request.



Extra Work

3.1 It is not intended that the Contractor should perform any work or services not described in or properly inferable from this Agreement. The Client may request that the Contractor perform extra work or services ("Extra Work") by contacting the Contractor at 833-236-4600 and by confirming the request to the Contractor in writing by e-mail to sales@peacheycontracting.ca The Contractor will not unreasonably withhold its agreement to perform Extra Work. If the Contractor agrees to perform Extra Work, the Contractor will do so with in a reasonable period of time having regard to the timing of the request and the volume of work the Contractor is otherwise committed to. The Contractor will be paid for Extra Work an amount as agreed or as set out in Schedule C..



Payment

4.1 Upon the Signing of THIS Winter Maintenance Agreement, the Contractor shall dispatch a crew to perform the work described in the Drawings and Specifications (the "Fixed Price Work"). The Client will pay the Contractor the price of $____________ Canadian dollars, taxes included, by way of Cash, Certified Bank Draft/Cheque, Credit Card or e-transfer. Payment for services is due upon signing of this Agreement on the _______ day of _____________. For each additional Snowfall, the Client shall pay the Contractor $____________ Canadian Dollars, taxes included.


The Contractor will also invoice the Client for items of Additional Work and Extra Work, if any, monthly. All invoices are due and owing within thirty (30) days of the date there on and unpaid invoices will attract interest at a rate of 2% per month, 24% per annum.


4.2 Should the Client default in any payment of a monthly installment of the Fixed Price Work or invoice for Extra Work as a fore said, the Contractor may give Notice of said default to the Client and should said default remain uncorrected for a period of (5) five days thereafter, the Contractor without further notice to the Client may stop work under this Agreement such that all of the Contractor's obligations here under will be suspended without limitation, the Client will have the sole responsibility to engage a reasonable and effective system to monitor and manage the condition of the Premises, the Contractor will not be responsible for any damages or claims what so ever relating to or caused in whole or in part by the failure to perform services to the Premises and the Client will indemnify and safe harmless the Contractor and its agents and employees from and against any such claims.




Schedule "C" To The Pay-Per-Visit Winter Maintenance Agreement Between _________________________________ and PEACHEY CONTRACTING Dated this _____ day of _______________ / ________.



1. Snow Clearing for _______________ Snow falls is included as part of the Fixed Price Work, after which the Contractor will be paid for each additional Snowfall, as Additional Work, the sum of $___________ taxes included.

 

Spread by Hand

   

- SALT

 

$__________per Application OR $__________ per ______KG (Select One)

- SAND   $__________per Application OR $__________ per ______KG (Select One)
- OTHER ___________________ $__________per Application OR $__________ per ______KG (Select One)
- OTHER ___________________ $__________per Application OR $__________ per ______KG (Select One)

 

2. The Contractor will be paid for the performance of Extra Work, including Snow Relocation and Snow Removal, as follows:

 

Worker Engaged in Snow Shoveling   $__________ / HR
3/4 - 1 Ton Truck with Plow and Operator   $__________ / HR
     
Tipping fees associated with Snow Removal   Actual Cost, plus 10%
Mileage associated with Snow Removal   $__________ / per KM


If rates are not inserted for these items, and in relation to all other items of Extra Work, the Contractor will be paid an amount as agreed between the Client and Contractor.


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