It is agreed as follows:
1. The Contractor will provide the Hirer with snow removal services as an independent contractor in accordance with the following terms and conditions.
2. The contract is for the winter season, commencing on November 1 and terminating on April 30 of the contract year.
3. Snow blowing and clearing will commence without call upon the accumulation of two centimetres, or one inch, or more of snow on any day of the week, including Saturdays, Sundays, and holidays. All parking lots must be passable by 6:00 a.m. following an overnight snowfall.
a. The Contractor will return for city plow-ins and final cleanup from each snowfall.
b. The Hirer is aware that the first visit to the property is to open it up for access. The Contractor will return to complete a thorough cleanup on the second pass. Upon request, the Hirer can be given access to see when the Contractor was on-site completing specific services.
4. The Contractor is not responsible for anyone who slips and falls due to ice or snow. The Contractor is not responsible for any injuries acquired by slipping and falling. Furthermore, 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 ice-melting products.
5. Off-site snow removal can be provided at an additional charge as mentioned in the contract per load, with a minimum of four loads. This service is provided at the discretion of the Hirer.
6. The contract price is all-inclusive up to a limit as mentioned in the contract of snowfall. Total snowfall accumulation is defined as the total snowfall accumulation in centimetres, plus total precipitation calculated as mentioned in the contract, for the months of November through April, as recorded by Environment Canada at the Ottawa International Airport.
Environment Canada does not track freezing rain accumulation by volume or height in the same way it does for rain and snow. As a result, it is very difficult to determine how much freezing rain fell during a contract period. For the purpose of this contract, 1 mm of freezing rain is equal to 1 cm of snow. Freezing rain is calculated as any rain that occurs while the temperature is below 1 degree Celsius on either:
- The day of the rainfall
- The day before the rainfall
- The day after the rainfall
This is the best way to determine which rain should count as freezing rain because, in any one of those situations, the Contractor will treat surfaces for freezing. For example:
- If it is below 1 degree Celsius on the day of rainfall, the Contractor will have to salt or grit since the rain will likely freeze.
- If it was freezing before a rainfall, the Contractor will pre-salt the property in anticipation of rain, knowing that pavement takes longer to warm up than the air.
- If temperatures drop below freezing after rainfall, the Contractor will salt or grit the property as the wet pavement could become icy.
7. The Contractor will keep a daily record of precipitation and rainfall, including a calculation column indicating whether rainfall counts as freezing rain. This spreadsheet is available upon request.
8. To track historical weather, data will be taken from the Environment Canada weather office at the Ottawa International Airport, accessible at this link:
9. The additional cost per centimetre of snow removal, once the snowfall cap has been reached, is calculated based on the contract price divided by the overage limit mentioned in the contract by cm, multiplied by the number of additional centimetres.
10. The Hirer will not place or leave any movable objects, such as garbage cans, cords, or similar items, in the area where snow plowing service is to be performed. The Contractor will not be held responsible for damage to any movable objects.
11. The Contractor is not responsible for any salt damage to the Hirer’s lawn. The Contractor is fully insured for public liability, bodily injury, and property damage insurance. The Contractor and its employees are covered by Workers’ Compensation under the applicable legislation.
12. Where the Contractor fails to perform its obligations under the contract:
a. The Hirer shall give notice of failure in writing to the Contractor, who shall have two days to correct the breach.
13. This contract includes the following: the Hirer will provide the Contractor with a site map showing where snow and salt boxes, if applicable, should be placed.
14. To avoid damage, the Contractor will not clear gravel parking lots at the beginning of the season until a base has been created. The Contractor may also skip gravel parking lots if milder temperatures are forecasted.