After a snowfall of 5 cms or more snow clearing activities will commence, with a follow-up visit(s) being performed after city plows and sidewalk cleaners have passed. The timing of service visits will vary from storm to storm, depending upon the timing of the snow. Kodiak Snowblowing, Inc. (herein after referred to as the “Contractor”) shall be permitted to remove snow from your property at any time of the day or night.
Snowblowing means blowing snow from the described physical area to any permissible area nearby. If inadequate space exists on your property for storage of snow – either at the onset of the season or as the season progresses – you agree to allow the Contractor to use space on the side of the driveway or you agree to make alternate arrangements for storage of snow with a neighbor. No loading or transport of snow, sanding, salting, de-icing or hand shoveling is included in this contract unless otherwise specified.
In the event that vehicles are parked in the driveway, snow will only be cleared for accessible areas opening onto the street.
In the event that children are playing in the area where snow will be blown, service will not be provided until children clear the area.
The term of this contract is from November 1st to April 15th (holidays included) of the indicated season, or up to a total accumulation of 300 cms of snow as recorded by the Macdonald-Cartier Int’l Airport (the 5-year average annual snowfall for this area is approx. 215 cm). You agree to pay a surcharge of $0.75 / cm at the end of the season for amounts of snow received in excess of this limit. The Contractor reserves the right to waive this charge if only a minimal excess is received.
Walkway shoveling service, if included in this contract, is performed separate from the driveway clearing service. Crews will commence shovelling walkways at the end of each snowfall of 5 cms or more and may take up to 12 hours from the end of the snowfall to complete their routes. This service does not include the removal of snow accumulation resulting from roof cleaning, drifting snow, nor the removal of ice from the walkway resulting from freezing rain, sleet, or compaction. Hand shoveling of snow from porch areas may entail additional charges.
Additional services requested by the you that cannot be performed during regular snow removal hours may be done at an additional charge (ie. request for individual cleaning when a vehicle is moved upon return from a vacation; request for removal of snow shoveled from a roof or walkway after the snowblower has already passed, or request for removal of snow accumulations less than 5 cms on a non-snow day).
Removal of drifted snow is your responsibility.
Two (2) driveway markers will be installed at the beginning of every snow removal season: Markers damaged thereafter by the Contractor’s equipment will be replaced free of charge. Markers damaged by you will be replaced at a cost of $10/marker.
Due to the risks posed by our equipment to immoveable property, you accept that our drivers will stay no less than two (2) feet away from garage doors at all times.
The Contractor shall exercise due diligence in the performance of its work to avoid damage to property. To assist the Contractor in preventing damage it is your responsibility to keep the snow removal area (ie. driveway) free of all objects. In particular, the Contractor shall not be held responsible for damages, including but not limited to, the following:
- Portable basketball nets, garbage cans, recycling bins, plant pots, toys, hockey sticks, extension cords, Christmas tree lights etc. All moveable property must either be removed completely or placed no less than four (4) feet from the edge of the driveway prior to each snowstorm.
- Immoveable basketball nets. Prior to commencement of the winter season, the net must be elevated to at least 10 feet to allow for clearance of our tractor.
- Downspout extensions. These must be unscrewed and removed completely prior to the commencement of the winter season.
- Elevated water valve caps. Protruding water valve caps must be hammered down to the level of the surrounding asphalt. You may either do this yourself or may contact the City of Ottawa at 613-580-2400 and arrange to have a City employee perform the necessary maintenance prior to the commencement of the winter season.
- Fixed masonry and/or wooden structures. You are responsible for providing and installing additional markers for any structures that protrude into the driveway. These include, but are not limited to, interlocking steps, interlocking or cement retaining walls, cement porches, brick retaining walls, garden beds, wooden retaining walls, elevated patio stones, wooden or interlocking wheelchair ramps, etc. The Contractor will not be liable for damages caused to any objects, moveable or immoveable, which are hidden under snow and/or unidentified by protective markers.
- Heaved, chipped or uneven asphalt / interlock. It is your responsibility to assure an even driveway surface prior to the commencement of the winter season. The Contractor will not be responsible for replacing pieces of asphalt or interlock that get caught and torn out by snow blowing equipment as it is dragged across uneven surfaces.
The Contractor shall be responsible for and shall restore at its expense all damage to your property caused by the Contractor in the performance of this contract, apart from that damage reasonably foreseeable as a consequence of snow removal. You acknowledge that damage reasonably foreseeable as a consequence of snow removal includes, but is not limited to, scrapes, scratches, rust marks and other surface damage on driveway surfaces, curbs and other adjacent structures and surfaces resulting from contact with snow removal equipment.
The Contractor shall indemnify and hold harmless you, your 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 you within a reasonable time following the occurrence, but in any event within 72 hours of you first acquiring knowledge of the circumstances of the claim. You expressly waive the right to be indemnified by the Contractor and agree 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 paragraph.
You expressly acknowledge that you have physical possession of, are responsible for, and have control over the condition of the Premises. You further acknowledge that the Contractor has no duty to inspect or monitor the condition of the Premises. During the entire Term of this Agreement it is your sole responsibility to engage a reasonable and effective system to monitor the weather in the vicinity of the Premises, to perform any additional snow clearing required in between attendances by the Contractor at the Premises, and to determine when and in what quantities ice melting products are to be applied to the Premises. Notwithstanding anything else in this Agreement, the Contractor will not be responsible for any damages or claims whatsoever relating to or caused in whole or in part by the failure to provide ice melting products to the Premises and you will indemnify and save the Contractor and its agents and employees harmless from and against any such claims
Shared driveway prices will apply only if the homeowners for both attached driveways subscribe for service during the same season. i.e. If your attached neighbour does not subscribe for service, independent single, double or triple driveway pricing will apply to your driveway.
Cheques returned for any reason will incur an administrative fee of $25 per cheque. If for any reason the Contractor must return or exchange any cheques, an administrative charge of $25 will be applied.
In default of any payment or, upon the breach of any of the conditions herein on your part, this contract shall be rendered null and void. The Contractor shall be released from all liability for services to that time and shall not be required to perform any further services under this agreement. If the Contractor is proven to be in breach of any of the conditions herein, this contract shall be canceled as of the date of notification and you will be reimbursed for any amounts prepaid from that date for the balance of the contract period. In the event of sale or re-occupation of your home, this contract will not be canceled or refunded, but may be transferred into the name of the new occupants.
Transmission of accounts receivable documents (ie. renewal contracts, receipts, demand letters, etc.), legal notices, service notifications (ie. service logs, obstacle reports, damage reports, etc.), general correspondence (ie. thank you notes, customer service response letters, newsletters, etc.), and any other documents relevent to services provided by the Contractor, shall be conducted by email where possible. By providing your email address orally or in writing during the course of doing business with the Contractor or after, you provide express consent to receive the aforementioned documents, notices, and correspondence by email from the Contractor.