Winter Service Maintenance Agreement

Quality Asphalt Paving, Sealcoating, Striping, Concrete, Curbing
2133 Gibson Road Everett, Wash. 98204-8547
Telephone 425-355-2474 * Fax 425-355-5499
Cont. Lic. # NYSENI*107D6

1. Obstructions: If there are any obstructions such as garbage bins, cars etc., in the area of proposed work, they should be removed before the work begins. Additional costs of $950.00 per hour.
2. Landscaping: All landscaping foliage such as trees, shrubs, ground cover, etc., that may overhang any curbs, header boards or work areas must be trimmed by OWNER before the commence of work. NYS ENTERPRISES, INC. is not responsible for any damage incurred to landscaping during construction.
3. Irrigation: If there are any automatic sprinklers for your landscaped areas, they should be turned off at least 24 hours prior to, and remain off for 24 hours after this work. NYS ENTERPRISES, INC. is not responsible for damages incurred due to irrigation during project as outlined above.
4. Tracking Material: NYS ENTERPRISES, INC. is not responsible for the cleaning or cost of cleaning any carpet, concrete, etc., stained as a result of people walking or driving through the new construction area.
5. Organic Material: If weed kill or moss kill is included NYS ENTERPRISES, INC. will not be responsible for any subsequent growths of horsetail weed, morning glory, deep rooted ferns, or perennials which have not reached maturity prior to application. Also, due to local environmental conditions NYS ENTERPRISES, INC. will not be responsible if moss re-appears after application.

Additional Costs: If additional trips are required to complete the contract as a result of any items listed in 1-5 there will be an extra trip charge of a minimum of $1,500.00 for each required trip. Due to price increases for oil added into asphalt, surcharges may apply and be billed after the initial signing of contract. Fuel costs are changing weekly by our suppliers and trucking companies. We are receiving surcharges for fuel and asphalt. We will be passing these increased charges on without notice.

Fuel costs are changing weekly by our suppliers and trucking companies. We are receiving surcharges for fuel and asphalt. We will be passing these increased charges on without notice.

Insurance: Public Liability and Labor and Industries Insurance on contracted work is to be taken out by NYS ENTERPRISES, INC. A Certificate of Insurance will be provided prior to the start of the project, any modifications beyond the standard certificate, such as additional insured endorsements, will be billed to you at our cost. The OWNER is to carry fire, tornado and other necessary insurance.

Damages: NYS ENTERPRISES, INC. will only be held liable for damage or disrepair to the said property when it is directly attributed to negligence by an employee of NYS ENTERPRISES, INC. The OWNER will assume all other risk of loss or damage to property and construction work in progress and indemnifies NYS ENTERPRISES, INC. No such loss or damage relieves the OWNER from any obligation under this contract.

Legal Action: If any action at law or in equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of the Agreement, the prevailing party should be entitled to reasonable attorney’s fees which may be set by the Court in the same action, or in a separate action brought for that purpose, in addition to any other relief to which the prevailing party be entitled.

Guarantee: All materials and workmanship are guaranteed for one year from date of completion.

Exclusions: Unless otherwise stated in this Agreement, NYS ENTERPRISES, INC. is not responsible for the following: Permits, fees, engineering, testing, staking, over excavation, off haul or treatment of unsuitable sub-grade or base rock, and/or off haul of contaminated material, cracks caused by ground movement, work performed by others, acts uncontrolled by man, or any other work not specifically stated in this agreement.

Payment is due upon completion. Unless other arrangements have been made 1.5% per month finance charge will be assessed after 30 days.

Note: This proposal is valid from 2023 - 2024. A new contract will need to be reviewed and signed each Winter Season.

By signing below, above property will be included in the first priority list. Trucks will be automatically dispatched to first priority sites when snow depth reaches 2'' or more and will take priority over any account that is on an on-call basis By signing below above property will be automatically dispatched for Liquid De-Icer when temperatures are forecasted to be 32 degrees or lower within 48 hours. Main drive lanes and footpaths will be the primary focus of snow plowing and or ice removal to provide safer more navigable lane of travel to store fronts and/or living units. Street closures and heavy traffic caused by inclement weather may delay services.Any utilities, curbs, speed bumps, or monuments that cannot be seen through the snow will not be warrantied against snow plow damage.