- SAMPLE - CONTRACT CLAUSES
LAWN AND LANDSCAPE MAINTENANCE CONTRACT
This contract is an agreement between _______________,
herein after
referred to as the contractor, and __________, herein after referred to
as the client. Contractor and client hereby promise and agree to the
following:
The contractor agrees to provide the services detailed in the following
specifications and attached Technical Addendum. A maintenance worksheet
will be supplied to the client each time work is done. The client
agrees
to pay the charges specified herein.
PART I - LAWN MAINTENANCE SPECIFICATIONS:
A. Mowing, Edging, and Trimming: All turf areas
shall be mowed
once per week from April 1 through October 31. The rest of the year
mowing
will be done as needed so that not more than 1/3 of the leaf blades are
removed per mowing. Mowing shall be with a (reel/rotary/mulching)
mower.
Mower blades will be sharp at all times to provide a high quality cut
and
minimize disease. Mowing height will be in accordance with attached
technical
addendum, by grass type and variety. Clippings will be left on the lawn
as long as no readily visible clumps remain on the grass surface 24
hours
after moving. Otherwise, clippings will be collected and removed by the
contractor. In the case of fungal disease outbreaks, clippings will be
collected until the disease is controlled.
All sidewalks, fences, driveways, parking lots, other
surfaced areas
bordered by grass, buildings adjacent to turf, and tree and plant rings
and beds will be edged every other mowing. Turf around sprinkler heads
will be trimmed so as to not interfere with nor intercept the output of
water. Mono filament line trimmers will not be used around trees and
shrubs
where injury to the bark of plants could occur. Contractor will clean
all
clippings from sidewalks, curbs, and roadways immediately after mowing
and/or edging.
B. Fertilization: All turf areas shall be
fertilized as per the
applicable high/low maintenance level specification in the attached
Technical
Addendum. All complete fertilizers shall be granular in composition and
contain 30% - 50% of the nitrogen in slow, or controlled release form.
The ratio of nitrogen to potash will be 1:1 or 2:1 for complete
fertilizer
formulations. They shall also contain magnesium and micro nutrients
(i.e.
manganese, iron, zinc, copper, etc.).
Fertilizers will be applied at a rate of one (1) pound
of nitrogen per
1000 square feet. This is calculated by dividing the percent nitrogen
into
100, (Example: If a 16-4-8 fertilizer is used, then 16 is divided into
100 = 6+ pounds of 16-4-8 will be spread over 1000 square feet of lawn
area).
C. Pest Control: The contractor will
inspect lawn areas
each visit for indications of pest problems and advise the client or
representative
of such problems.
Upon confirmation of a specific problem requiring
treatment, pesticides
will be applied as needed on a spot treatment basis following
University
of Florida, IFAS recommendations using least toxic Integrated Pest
Management
(I.P.M.) procedures. If requested, pre emergent herbicides will be
broadcast
in February and October for weed control. Post emergent herbicides may
not be applied to turf areas without the express approval of the
client.
This includes weed and feed formulations. Records will be kept on pests
identified and treatment(s) rendered for control.
All pest control service is in addition to the basic
contract charges.
The amount charged will be on a per job basis based on materials, cost,
plus labor. The cost will be agreed on by client and contractor prior
to
such service being rendered.
Pesticide applications will be made in accordance with
the rules and
regulations governing use of pesticides in Florida.
The pest control applicator will be operating under
License #____, Expiration
Date _____. All spraying of pesticides will be done prior to 10:30 a.m.
and at temperatures below 80 degrees Ferenheight.
D. Thatch Control: (See Optional Services)
PART II - LANDSCAPE PLANT MAINTENANCE SPECIFICATIONS (Trees,
Palms,
Shrubs, Ground Covers):
A. Fertilization: Ornamental shrubs and trees
planted less than
five (5) years shall be fertilized three (3) times per year.
Applications
shall be made during the months of February, May, and September. Shrubs
and trees more than five (5) years old in the landscape shall be
fertilized
twice a year in March and September. Shrubs and trees in lawn areas
exposed
to lawn fertilizations will not be supplementally fertilized. Rate will
be one (1) pound of nitrogen per 1,000 square feet or equivalent.
Mature palms should receive a complete, granular
fertilizer formulated
for palms four (4) times per year at a rate of six (6) pounds each
application.
Palms under eight feet in height should receive 2-5 pounds four times
per
year.
All fertilizers should contain equal amounts of nitrogen
and potassium
and at least 30% of both elements should be available in slow release
form.
The fertilizer should also contain additional magnesium and a complete
micro nutrient amendment. Acceptable basic analysis includes 8-2-8,
10-5-10,
and 12-4-12. Queen palms will receive a supplement of manganese sulfate
at the rate of five (5) pounds per mature palm in March. Any date palms
showing chlorosis of the lower leaves will receive applications of
magnesium
sulfate twice per year.
All fertilizers shall be applied by broadcasting beyond
the drip line
taking care to avoid putting fertilizer against the trunk following
guidelines
recommended by the University of Florida, IFAS. Fertilizer may be
punched
into the soil on berms and steep slopes where runoff is likely.
B. Pest Control: Contractor shall practice
Integrated Pest Management
(I.P.M.) to control insects, diseases and weeds on and around
perennials,
ground covers, shrubs, vines, and trees. This will include weekly
monitoring
and spot treatment as necessary using least toxic methods. All spraying
will be done before 10:30 a.m. and at temperatures below 80 degrees
Ferenheight
of first choice will be insecticidal soaps, horticultural oils and
biological
controls such as Bacillus thuringiensis(Bt) formulations. Weeds in beds
or mulched areas will be removed weekly mechanically or by hand. Upon
client
approval, herbicides may be employed for heavy infestations, or to
treat
parasitic weeds in palm roots. Weeds in paved areas will be controlled
with string trimmers.
C. Pruning: Shrubs will be pruned by
hand as needed
to ensure proper informal shape, fullness, and bloom. Electric or
gasoline
powered shears will not be used in pruning. Tree and palm pruning will
be done once per year and is limited to branches below twenty (20) feet
in height and palm fronds. The contractor will remove all litter. No
trees,
under utility lines will be pruned and no pruning will be done during
or
immediately following growth flushes. Branches will be pruned just
outside
the brand collar. Pruning paint will not be applied. Sucker growth will
be removed by hand from the base of trees. No herbicides will be used
for
this purpose.
D. Mulching: All mulched areas shall be
replenished once a year
during the winter months (Nov. - Feb.) with _________ (cypress, pine
bark,
melaleuca, recycled, etc.) mulch to maintain a depth of three (3)
inches.
All curb, roadway and bed line edges will be trenched to help contain
the
applied mulch. Additional mulch will be billed at $____ per yard. Mulch
will not be placed against the trunks of plants.
PART III - OPTIONAL SERVICES
A. Annual Flowers: Replacement of existing
annuals shall be done
___ times per year. Major renovation of annual beds shall be
accomplished
once per year in __________.
Replacement of plants due to pest damage or contractor
negligence will
be done without cost to client. Replacement of stolen, vandalized or
damaged
flowers will be charged based on $____ per plant.
Annuals/bedding plants shall be fertilized monthly, at a
rate of 1/2
pound of nitrogen per 1,000 square feet of area every two (2) weeks or
a slow release fertilizer such as Osmocote or Nutricote (3-4 month
release)
shall be incorporated in the bed at planting. Contractor will be
responsible
for weed control by hand or mechanical means, no herbicides will be
used
in annual beds. Pest control will follow I.P.M. principals.
B. Irrigation Systems: The contractor shall
inspect and test
all components and zones in the irrigation system monthly and shall
reset
zone times according to seasonal changes. Minor adjustments and repairs
such as head/emitter cleaning replacement, filter cleaning, small
leaks,
and minor timer adjustments shall be made by the contractor, with the
client
paying for parts. Once a year the contractor will recalibrate each zone
following Cooperative Extension Service recommendations. During weekly
maintenance the contractor will note and report to client any symptoms
of inadequate or excessive irrigation, drainage problems, etc. Repairs
or system service beyond the above scope will be charged at an hourly
rate
per man plus parts. The contractor will notify the client or client's
agent,
of the nature of the problem before repairs are made.
C. Thatch Removal/Scalping: Removal of thatch (a
spongy, build-up
of dead and living grass shoot, stems, and roots) should be considered
when thatch thickness exceeds one inch. The best time for a thatch
removal
is March through August when the turfgrass is rapidly growing. Thatch
removal
is in addition to the basic contract charges.
Verticutting using a vertical mower is the recommended
method of removing
thatch from Bermuda, St. Augustine, and Centipede lawns. Bahai grass
lawns
can be power-raked rather than verticut. Resulting debris will be
removed.
Remaining turf will be mowed and irrigated. Fertilization with a
soluble
nitrogen source at #1 N per 1,000 square feet will be applied one week
after dethatching. Scalping is not a substitute for vertical mowing,
Scalping,
for whatever reason should only be done in spring.
D. Other Accessorial Services Available: (Priced
by contractor
on a per job basis):
· Landscape additions/renovations/transplanting.
If necessary,
transplantation of existing trees will be accomplished during
January/February
for dormant species, and April/September for palms.
· Plant replacement not attributed to contractor negligence.
· Turf replacement.
· Application of plant growth regulators.
· Maintenance of aquatic sites.
· General hauling.
· Major irrigation system modifications.
· Interior plant maintenance.
PART IV - INSURANCE, LICENSES, PERMITS, LIABILITIES
A. The contractor will carry liability amounts and
workmen's compensation
coverage on his operators and employees and require same of any
sub-contractors
and provide proof of it to the client. The contractor is also
responsible
for obtaining any licenses and/or permits required by law for
activities
on client's property.
B. Liability—The contractor is liable for:
1. Any damage due to operation of his equipment in performing the
contract.
2. Complying with all laws pertaining to protected plant species such
as the mangrove.
3. Damage to plant material due to improper horticulture practices.
4. Improper installation of irrigation system replacement components.
5. Injury to non-target organisms in application of pesticides.
C. The contractor is not responsible for:
1. Death or decline of plant materials due to improper selection,
placement,
planting, or maintenance before the time of this contract.
2. Damage due to improper irrigation components in existence at the
time of contract execution.
3. Exposed cables/wires or sprinkler components/lines normally found
below the surface of the lawn.
4. Flooding, storm or wind damage.
5. Disease or damage to lawns or landscape plants caused by excessive
irrigation or lack of water to inoperative irrigation components
provided
he reported these to client, or irrigation restrictions imposed by the
Water Management District or civil authorities.
6. Damage caused by any item hidden in the landscape and not clearly
guarded or marked.
7. Damage due to vandalism.
PART V - PROPERTY DESCRIPTION, SERVICES PROVIDED,
TERMS, CONDITIONS,
AND CHARGES
A. This contract is for maintenance for property located
and described
as: ___________________________________________________________
B. The term of the contract is for __________ year(s)
beginning __________
and ending __________. Client or contractor can cancel this contract at
any time by giving thirty (30) days written notice.
C. The charge for the specified services is $____ per
month for the
term of this contract payable by the last day of each month for which
service
is provided. The client will receive an invoice at the end of the month
and payment is due within ten (10) days from the date of the invoice.
Any
additional or unscheduled services agreed on by client and contractor
will
be billed separately.
I HAVE READ FULLY THE ABOVE TERMS AND CONDITIONS AND
AGREE TO BE
BOUND BY THEM.
In witness whereof, the parties to this contract have
signed and
executed it as indicated.
_____________________________________
________________
Client
Date
_____________________________________
________________
Contractor
Date
|