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contract verbage

Discussion in 'Bidding & Estimating' started by CFusion, Nov 18, 2013.

  1. CFusion

    CFusion Junior Member
    Messages: 7

    I'm negotiating a contract with a property management company for a commercial lot, the contract has some clause they said they would work out with me I have replaced removal and deicing with plowing and salting, anything else I should be aware of
    I separated some of the spots I'm uncomfortable with. in section b & e
    the manager told me to redo and send him the changes. I don't think I can remove anything just rewrite it.
    I would appreciate some input on this.

    Thanks in advance

    (partial contract below)

    b)* “Time is of the essence”: *Vendor-Contractor shall perform all required Services on a “time is of the essence” basis.* All Specified Services are to be done, automatically without Manager’s request, whenever snow has accumulated to a depth of one (1) inch or more or whenever the weather conditions render it necessary.

    *The Vendor-Contractor will also plow and/or shovel slush resulting from melting snow and ice.* Vendor-Contractor agrees to keep xxxx Stores Locations free of ice and snow accumulations the earlier of: (i) 1 hour prior to store’s opening for business or (ii) by 4:00 a.m.*

    c)** “Business Hours”: The terms “Business Hours” is defined to include the period commencing one (1) hour prior to the opening for business of each Separate Store Location and continuing continuously thereafter until at least one (1) hour after the closing of that Separate Store Location.* Store Location schedules may to vary throughout the year.* Vendor-Contractor must verify holiday store hours.* Vendor-Contractor hereby assumes full responsibility to become familiar with and to stay informed regarding the normal and holiday store hours for each separate Store Location.*
    d) *Vendor-Contractors Must Provide Standard Specified Services on an “Automatic” Basis:* Vendor-Contractor shall perform all Standard Specified Services “automatically” and shall not await a specific request or individual request from Manager or Manager’s Client or a Store Manager.* Vendor-Contractor acknowledges and agrees that Vendor-Contractor’s obligation to perform the Standard Specified Services required herein is “automatic” and shall be dictated by weather conditions and shall not await, and shall not be dependent upon, any specific or individual request(s) for services.
    e)* Accumulations/Conditions Triggering Vendor-Contractor’s Performance Obligations:

    * Vendor-Contractor shall not allow the accumulation of wintry precipitation to reach or exceed one (1) inch during a storm at any time during Business Hours.* XX

    Vendor-Contractor automatically shall commence plowing and/or salting services automatically whenever snow accumulates to a depth of one (1) inch or more. ****In addition, Vendor-Contractor shall commence plowing and/or salting services automatically whenever ground conditions become unsafe for pedestrian and/or vehicular traffic on the premises.* Vendor-Contractor shall continue clearing operations as necessary in the event of continuous and/or heavy snowfall or drifting or “ice storm” conditions.* Vendor-Contractor acknowledges and accepts its performance obligation to return to a particular Store Location after completing initial work at a location as warranted by conditions.
  2. underESTIMATED

    underESTIMATED Senior Member
    Messages: 188

    Your username sets the tone here.

    What is your question?
  3. Longae29

    Longae29 PlowSite.com Addict
    Messages: 1,954

    Sounds like a great contract if the price is right and you have the equipment man power and salt to handle it. If its per push/application seems like it would be best for you, all liability is on you with the verbage here, overservice the heck out of it, that's what they want.
  4. CFusion

    CFusion Junior Member
    Messages: 7

    do you think it could be worded differently to make it more acceptable
  5. Wilnip

    Wilnip Senior Member
    Messages: 583

    The mgmt co's have very expensive lawyers to draw these contracts and protect them in every possible circumstance. I can't believe they are allowing you to change 1 word. Don't be nit picky if you really want this account. They will find someone else in a heartbeat. If liability is to great on your part, just pass.
  6. coldcoffee

    coldcoffee Senior Member
    Messages: 776

    In other words...the only thing you should be plowing during business hours is slush, because the snow won't have a chance to accumulate. Most of the time you will be keeping the pavement wet. That is a dream contract for the right contractor, assuming you are capable of handling it. The fact that it takes all decision making out of the stores managements hands & places it into yours, is a huge advantage. You DON"T want to get phone calls for service on this type of deal, because they will replace you if you fall short.

    I agree with not picking it apart for the same reasons. It's much less complex than some contracts I've held, one of which was about a half inch thick, which didn't include all of the amendments...only reference numbers to them.

    I would jump on it as if I was just released from prison.
  7. BUFF

    BUFF PlowSite Fanatic
    from FR NoCo
    Messages: 6,739

    It appears they’ve covered their bases and seems reasonable. Take note of the verbiage regarding the 1” trigger throughout what you’ve posted especially in note “E”. They way I understand it is you’ll have someone camped out on location during heavy snows. This could limit your ability to take on/ service other customers.
    Do you have the resources to do so and how many stores are they talking to you about?
  8. ryde307

    ryde307 PlowSite Veteran
    Messages: 3,129

    I am with others. I don't think I would change anything. It would be interesting to see the pay structure tied to this to make sure it allows you to charge accordingly. The want a zero tolerance snow situation. If you have the equipment, man power, and can charge accordingly this is a good account. If they want seasonal all inclusive pricing don't be the cheap guy, it sounds like alot of man and equipment hours will be needed.
  9. grandview

    grandview PlowSite Fanatic
    Messages: 14,609

    Along the same lines I was typing this morning till the internet went down:realmad:They want you at 1 inch plowing, but you could be in violation of the contact even while plowing the lot and its snowing heavy . Even if you where plowing only 2 places and its snowing ,by the time you get to the other lot your first one is over the 1 inch mark. It should be more along the lines in the contract that vwndor will keep open the lot during business hours and be cleaned out in full after the snow stops falling.All the are doing is trying put and slip and falls on you because you broke the contract.
  10. CFusion

    CFusion Junior Member
    Messages: 7

    I do have couple of other commercial accounts that will need to be checked which worries me. I have only this 1 account

    thanks for the input
  11. CFusion

    CFusion Junior Member
    Messages: 7

    I like that, I will propose it to them and see how it goes thanks

  12. CFusion

    CFusion Junior Member
    Messages: 7

    I appreciate everyone's response, I don't want to seem nit picky but I have never had a slip and fall and don't ever want one

    thanks again
  13. MSsnowplowing

    MSsnowplowing Senior Member
    Messages: 687

    * Vendor-Contractor shall not allow the accumulation of wintry precipitation to reach or exceed one (1) inch during a storm at any time during Business Hours.* XX

    I had to laugh at this one.

    Like we have control over a storm and can determine how fast it will dump the snow on us.

    Your going to be either plowing like crazy or salting to keep it under 1 inch.

    Either way this is a dedicated truck and sidewalk crew to this location to keep it clear at all times.

    Make sure you don't underbid it or you will lose your shirt on this.
  14. Wilnip

    Wilnip Senior Member
    Messages: 583

    Sounds like a USM contract. Last year they called me in the middle of a storm and said So and So said you are having trouble keepin up. See, they call the store managers and ask if there is snow on the walks or lot. Duh! We're getting squalls that are putting down 2.5" an hour. Traffic was almost at a stand still. Couldnt see 20 feet in front of you. Of course we are having trouble keeping up! 1" clause was in my contract but never became an issue.
  15. upplowin

    upplowin Member
    from UP/MI
    Messages: 54

    Also you might want to add that if you have to " remove" snow, that it will be an extra charge... and if you don't have equipment for that then you have to hire someone else to do it for you...very expensive... don't over look this..
  16. CFusion

    CFusion Junior Member
    Messages: 7

    they want set pricing on 0-3 3-6 6-9 9-12 and per inch afterward, salting apps are per app price seems ok I have never priced like this before so multiple apps of salt should make up for being there more often

  17. CFusion

    CFusion Junior Member
    Messages: 7

    thanks for the reminder, it was already in there,