© 2018 BY KENTUCKY TWIST. PROUDLY CREATED BY IDEAIST DESIGNS.

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SNOW AND ICE MANAGEMENT

Please read below

  1. Site Inspection: The contractor has been provided with a site plan outlining the areas of responsibility. The bidder is required to inspect the property to become familiar with all conditions prior to submission of contract. 

  2. General Description

  3. The Contractor shall be familiar with the Company premises and how the existing conditions will affect their work.

  4. Throughout the term of this one or more season Agreement, the Contractor shall maintain minimum, at their sole expense, Comprehensive Liability of not less than $1,000,000.00, Bodily Injury Liability of not less than $500,000.00, Property Damage Liability, Worker’s Compensation Insurance coverage, and Comprehensive Vehicle coverage with a contractual liability endorsement. The Contractor shall furnish the Company with a certificate of insurance evidencing the required coverage (s).

  5. The Contractor shall furnish all materials, tools, equipment, and labor necessary to complete the work described in this specification.

  6. SCOPE OF WORK

  7. The Contractor agrees to provide all labor, materials, equipment, supplies, and supervision necessary to expeditiously and efficiently plow and remove from agreed upon areas to another location on the Company property based on the terms of service choose by the Company attached in Exhibit A. Specifications are as follows:

  8. A one-hour minimum fee will be charged for initial visit to the property per event; afterwards hourly charges and material apply.

  9. TIMING - NOTICE: Agreed upon areas are to be cleared as per instructions in Exhibit A. Efforts will be made to keep agreed upon areas clear during the times that are specified by Exhibit A. If the client has not completed Exhibit A delays in service will be delayed until returned to Kentucky Twist Creations & Services, LLC via email or electronically.

  10. CHANGE IN SPECIFICATIONS: The Company, without invalidating this Agreement, may order changes in the work consisting of additions, deletions, or modifications and the price for the work and the completion date shall be adjusted accordingly. Such changes in the work shall be authorized by written change order signed by the Company Agent. The Contractor shall submit a proposal to the Company Agent for any additional work noted in the field that is outside the scope of this Agreement. Said Additional work shall be performed only upon the Company Agent's prior written authorization.

  11. CONTRACTOR EQUIPMENT

  12. The Contractor agrees to perform all work described in the specification attached to this Agreement and made a part hereof as Exhibit "A" (the "Specifications"). If there is any conflict between this agreement and the Specifications, this Agreement shall prevail. Chemical treatments shall be used for any accumulation that is less than two (2) inches. For accumulations that reach or exceed two (2) inches, sidewalks shall be cleared with shovels, and roadways shall be cleared with plows.

  13. All supervisors and equipment operators used by the Contractor shall be able to communicate clearly and effectively with the Company Agent or other representative. "Severe Storms" shall include blizzard conditions, nor'easters, accumulations exceeding one (1) inch per hour and states of emergency.

  14. CONTRACTOR SHALL FURNISH

  15. The Contractor agrees to the following:

  16. Perform all work described in the specifications attached to this Agreement and made part of Exhibit "A" (the "Specifications").

  17. There shall be no "Ice Watch"

  18. The Contractor shall make available sign-in sheets for snow/ice management removal personnel upon request by the Company.

  19. The Contractor shall make GPS equipment available to all enclosed snow removal vehicles and provide reports upon request from the Company.

  20. The Contractor shall respond onsite to all reports from the Company Agent or representative of hazardous conditions within four (4) hours if the report is received between the hours of 9:00am and 5:00pm, Monday through Sunday. The Contractor shall respond onsite to all reports from the Company Agent of hazardous conditions by 12:00pm for all calls received between 5:00pm and 9:00am, Sunday through Saturday.

  21. The Contractor will not be responsible for removing snow around anyone’s vehicle that has not moved within eight (8) hours of the cessation of snowfall.

  22. After each occurrence of snow or ice removal, the Contractor shall return to the Company's property one time for a final clean up or removal of snow or ice, within twenty-four (24) hours.

  23. CONTRACTOR TO SUPERVISE: The Contractor shall supervise its workers and schedule its workers in accordance with the Specifications without further request by request by the Company management or Agent.

  24. CONTRACTOR PERSONNEL: The Contractor expressly agrees to hire, in its own name, all personnel reasonable necessary for the discharge of its duties and obligations incurred pursuant to the terms of the employment of Contractor, and which personnel shall not be the employee(s) of the Company, and compensation to such personnel shall be the sole responsibility of, and be paid by the Contractor.

  25. COMPANY INSTRUCTIONS: The Company, representative or Agent of the Company will not give instructions or orders directly to employees, agents or subcontractors of the Contractor except to persons designated as authorized representatives of the Contractor.

  26. INSPECTIONS: Contractor agrees to check the agreed upon areas at the Company, as needed, during a period of precipitation, to determine necessary measures.

  27. DAMAGE - INSURANCE: An inspection will take place with representatives of the undersigned to review damages. Damages caused by the Contractor, its agents, servants, and/or employees to the Company in common areas to include, but not limited to asphalt, concrete, bricks, speedbumps, sod, turf, shrubs, buildings, fences, irrigation system, shall be repaired or replaced by the Company which will use its own contractors. The cost for repairs and/or the replacements shall be deducted from the final snow removal payment. Further, the Contractor agrees to provide evidence of insurance sufficient to the Trustees of the Company and guarantee the Company that any and all damages will be paid for by the Contractor or its insurance agent. Prior to each snow season, a representative from management, the Company Agent and the Contractor shall identify pre-existing damage on the Company premises. A list of such damage shall be acknowledged in writing and shall be signed by the Company Agent and by the Contractor.

  28. PAYMENT: The Contractor will invoice the Company of the completion of each snow event. The invoices shall set forth a detailed list of all services provided throughout the month. So long as all contractual requirements are met, the Company will pay each invoice within fifteen days of its receipt. Any alteration or deviation from the work described in this Agreement which involves added costs must be approved by the Company in writing, in advance, before the Company shall be obligated to pay any additional charges. All billing for snow is on a NET 15 basis and after 30 days a 15% monthly interest will be charged. Fees for services are as follows:

  29. FUEL SURCHARGE: On December 1 of each snow season , the Contractor may add a Fuel Surcharge if the cost of diesel exceed $3.95 a gallon as determined by AAA's Daily Fuel Gauge Report for the state of Kentucky (www.fuelguagereport.com). The Fuel Surcharge shall be calculated as follow: 1) calculating the percentage increase, if any, of diesel fuel on December 1 of that year above $3.95 per gallon; and 2) by multiplying that percentage increase by $3.95. This Fuel Surcharge shall apply only to that year's annual invoices. For example, if on December 1, 2016, the cost of diesel fuel increased determined by AAA's Daily Fuel Gauge Report, then the percentage increase over 5%.

  30. CONTRACTOR IS INDEPENDENT: It is expressly understood and agreed by and between the parties that the Contractor is an independent contractor and not the agent of the Client and that the Contractor is without authority to act for, and on behalf of, the Company, or to bind the Company in any request whatsoever.

  31. SPECIFICATIONS: In order to service any property, Kentucky Twist Creations & Services, LLC MUST have a completed and signed specifications sheet. This gives us direction on when and where to provide snow and ice management services on your property.

SPECIFICATIONS SHEET (EXHIBIT A)