# contracts help



## MyersPF (Aug 30, 2005)

Hello everyone,

First off I need some help. We are a small excavating contractor near Johnstown, PA. I few weeks ago we were approached by a friend that does some residential and small commercial accounts to be a sub in a larger commercial account.

The contract is seasonal, and seemed very vague. It is for plowing and removing the snow to a different location on the site. It also includes salt and anti skid.

Being a seasonal contract, the pricing is raised do to uncertainty on the snow fall amounts. Would it be wrong to place a stipulation in the bid for more money if the snow fall is above the 5 or ten year average? 

Also salting will be done by the prime. But I was wondering if the “magic salt” should be used instead of the regular rock salt? Being that there is concrete sidewalks and so forth.

There is one other question. We are new at seasonal contracts and would like to view a seasonal contract for reference. 

If anyone could help us out we would be very appreciative.


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## Mick (May 19, 2001)

MyersPF said:


> Being a seasonal contract, the pricing is raised do to uncertainty on the snow fall amounts. Would it be wrong to place a stipulation in the bid for more money if the snow fall is above the 5 or ten year average? _*No, it's called a Storm Clause and should be included in any contract*._
> 
> Also salting will be done by the prime. But I was wondering if the "magic salt" should be used instead of the regular rock salt? Being that there is concrete sidewalks and so forth. *(Not sure what you mean by "prime". If you mean the customer - what does it matter?) But, yes, Magic Salt or a similar product would be beneficial if the customer will pay for it. Make sure the concrete is cured at least one year.*
> 
> There is one other question. We are new at seasonal contracts and would like to view a seasonal contract for reference. *http://www.sima.org/*


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## MyersPF (Aug 30, 2005)

Would it be better to have a clause that is based on the seasonal average or excessive snowfall in a 24 hour period? 

Example: 12” in 24 hours

How would I state that so the owner understands?

On average how much salt is used per square yard per application?

Also I am not a member of SIMA, so I do not have access to the contracts.


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## plowed (Nov 30, 2001)

MyersPF said:


> excessive snowfall in a 24 hour period?
> Example: 12" in 24 hours
> 
> How would I state that so the owner understands?


This is referred to as a Blizzard Clause. See if you can search for it here, you should be able to find something about it.


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## Mick (May 19, 2001)

plowed said:


> This is referred to as a Blizzard Clause.


John's right - "Blizzard" Clause.  Blame it on a brain cramp.


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