This sample contract was developed as a resource for lawn and landscape professionals. It included University of Florida Cooperative Extension Service recommendations current as of November, 1992. This contract reflects the philosophies and practices of Environmental Landscape Management.
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Lawn and Landscape Maintenance Contract
This contract is an agreement between ____________________, hereinafter referred to as the contractor, and ______________________, hereinafter 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 Consideration
A. Mowing, Edging and Trimming: All turf areas shall be mowed as needed so that no more than 1/3 of the leaf blades are removed per mowing. Mowing shall be with a (reel/rotary/or mulching) mower. Mower blades will be sharp at all times to provide a quality cut. Mowing height will be according to grass type and variety. Clippings will be left on the lawn as long as no readily visible clumps remain on the grass surface 36 hours after mowing. Otherwise, large clumps of clippings will be distributed by mechanical blowing or collected and removed by the contractor. In the case of fungal disease outbreaks, clippings will be collected until the disease is undetectable.
Tree rings and plant beds and all buildings, sidewalks, fences, driveways, parking lots and other surfaced areas bordered by grass will be edged every other mowing. Turf around sprinkler heads will be trimmed or treated with a non-selective herbicide so as to not interfere with or intercept water output. Isolated trees and shrubs growing in lawn areas will require mulched areas around them (minimum 2-foot diameter) to avoid bark injury from mowers and filament line trimmers and to reduce root competition from grass. Such mulched areas will be charged to the customer. Contractor will clean all clippings from sidewalks, curbs and roadways immediately after mowing and/or edging. Clippings will not be swept, blown, or otherwise disposed of in sewer drains.
B. Fertilization: All turf areas shall be fertilized as per the maintenance specifications attached. Complete fertilizers shall be granular in composition and contain 30% to 50% of the nitrogen in a slow or controlled release form. The ratio of nitrogen to potash will be 1:1 or 2:1 for complete fertilizer formulations. Phosphorus shall be no more than _ of the nitrogen level. They shall also contain magnesium and micronutrients (i.e. manganese, iron, zinc, copper, etc.). Fertilizer will be swept off of walks and drives onto lawns or beds. After fertilization, a minimum of _ inch of water will be applied by the client.
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, whenever possible, using the least toxic, effective pesticide. All spraying of pesticides and fertilizer applications will be performed when temperatures are below 90° F and wind drift negligible. No pesticide will 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 before such service is rendered.
Pesticide applications will be made in accordance with the rules and regulations governing use of pesticides in Florida. Posting and notification of pesticide sensitive persons will be done. The pest control applicator will be operating under License # __________. Expiration Date ___________.
D. Thatch Control: (See Optional Services)
Part II Landscape Plant Maintenance Considerations: Trees, Palms, Shrubs, Ground Covers
A. Fertilization: Ornamental shrubs, trees and ground covers planted less than three (3) years shall be fertilized four (4) times per year. Applications shall be made during the months of February, April, June and October. Shrubs, trees and ground covers more than three (3) years old in the landscape shall be fertilized two (2) times a year in March and September. Rate will be one (1) pound of nitrogen per 1,000 square feet of application.
Mature palms in the landscape shall be fertilized four (4) times per year at a rate of _ pound per 2 feet of height, up to 15 lbs. Palms under 8 feet tall will receive 2-5 pounds per application 4 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 magnesium and a complete micronutrient amendment. The fertilizer analysis shall be similar to 8-2-8, 10-5-10 and 12-4-12.
Established shrubs and trees in lawn areas exposed to lawn fertilizations will not be fertilized supplementally. Fertilizer applied to shrubs and trees planted in beds shall be broadcasted over the entire plant bed. Fertilizer may be punched into the soil on berms and slopes where runoff is likely.
Nutrient deficiencies shall be treated with supplemental applications of the specific lacking nutrient according to University of Florida Cooperative Extension recommendations.
B. Pest Control: Contractor shall practice Integrated Pest Management (IPM) to control insects, diseases, and weeds on and around perennials, ground covers, shrubs, vines and trees. This will include frequent monitoring and spot treatment as necessary using least toxic methods. All spraying will be performed when temperatures are below 90° F and when wind drift is negligible. First choice will be insecticidal soaps, horticultural oils and biological controls such as Bacillus thuringiensis (Bt) formulations. Weeds in beds or mulched areas will usually be removed mechanically or by hand. Upon client approval, herbicides may be employed for heavy weed infestations.
C. Pruning: Shrubs will be pruned with hand shears as needed to provide an informal shape, fullness, and bloom. Tree and palm pruning will bed done once (1) per year and is limited to branches and /or brown fronds and seed heads below 20 feed in height. No green palm fronds shall be removed. All litter will be removed by the contractor. 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 branch 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 will be replenished once a year during the winter months (Nov Feb). "Alternative" mulches (pine bark, pine needles, melaleuca, recycled, etc.) should be considered. Mulch should be maintained at 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 $______/yard. Mulch will not be placed against the trunks of plants.
Part III Considerations for Optional Services
A. Annual Flowers: Replacement of existing annuals will be done ______________ times per year. Major renovation of annual beds shall be accomplished once per year in _______________ (month).
Replacement of dead or injured plants due to pests or contractor negligence will be done without cost to client. Replacement of stolen, vandalized or damaged flowers will be charged based on $__________/plant.
Annuals and perennial bedding plants shall be fertilized monthly, at a rate of _ pounds of nitrogen per 1,000 square feet of area every 3-4 weeks. An optional fertilizer schedule would use a slow-release fertilizer such as Osmocote or Nuticote (3-4 month release) incorporated in the bed at planting. Contractor will be responsible for weed control. Pest control will follow IPM principles.
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 evapotranspiration changes. Minor adjustments and repairs such as head-emitter cleaning or 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, draining problems, etc.
Repairs or system beyond the above scope will be charged to the client at an hourly rate per person plus parts. The contractor will notify the client or client¹s 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 shoots, stems and roots) should be considered when thatch thickness exceeds one inch. The best time for 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 mechanically removing thatch from Bermuda, St. Augustine and Centipede lawns. Blade spacing shall be 3" for St. Augustine and Bahia grass, 2-3" for Centipedegrass and 1-2" for Bermuda and Zoysiagrass.
Bahiagrass lawns can be power-raked rather than verticut. Resulting debris will be removed. Remaining turf will be mowed and irrigated with at least _ inch of water. Fertilization with a soluble nitrogen source at 1 pound per nitrogen per 1000 square feed will be applied one week after dethatching. Scalping (close mowing) is not a substitute for vertical mowing and is not recommended for this purpose.
D. Other Services Available: (Priced by contractor on a per job basis):
Installation of a rain shut-off device.
Landscape additions/renovations/transplanting. Transplanting of existing trees will be accomplished during January/February for dormant species and April-August for palms.
Plant or turf replacement (not attributed to contractor negligence).
Maintenance of aquatic sites.
General hauling.
Major irrigation system modifications.
Interior plant maintenance.
Topdressing turf with sand to smooth uneven surfaces or control thatch.
Part IV Considerations for Insurance, Licenses, Permits and Liability
The contractor will carry liability amounts and workmen¹s compensation coverage required by law on his operators and employees and requires same of any sub-contractors and provide proof of same to the client. The contractor is also responsible for obtaining any licenses and/or permits required by law for activities on client¹s property.
Situations which the Contractor may deem are his/her responsibility:
Any damage due to operation of his equipment in performing the contract.
Complying with all laws pertaining to protected plant species such as the mangrove.
Damage to plant material due to improper horticultural practices.
Improper replacement or retrofitting of irrigation system components.
Injury to non-target organisms in application of pesticides.
Situations which the Contractor may deem are not his/her responsibility:
Death or decline of plant materials due to improper selection, placement, planting, or maintenance done before the time of this contract.
Damage due to improper irrigation components existing at the time of contract execution.
Exposed cables/wires or sprinkler components/lines normally found below the lawn's surface.
Flooding, storm, wind or cold damages.
Disease or damage to lawns or landscape plants caused by excessive irrigation or lack of water due to inoperative irrigation components provided these were reported to the client, or irrigation restrictions imposed by the Southwest Florida Management District or civil authorities.
Damage caused by or to any item hidden in the landscape and not clearly guarded or marked.
Damage due to vandalism.
Part V Property Description, Services Provided, Terms, Conditions and Charges (for possible inclusion)
Contracts are normally for maintenance of property at an identified location and specifically described:
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The term of the contract. A contract can be for a single year or multiple years with a beginning and ending date. A cancellation provision should be included.
The charge for monthly, specified services should be specified. A deadline date should be included and late payment charges should also be considered. Any additional or unscheduled services agreed on by client and contractor should be billed separately.
Contract renewal provisions may also be included.
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 __________ Contractor ________
By ____________ By _____________
Date __________ Date ____________
