Steve
12-17-2003, 10:32 AM
This contract is entered into by and between YOUR COMPANY (YC) and CUSTOMER for purposes of this contract called “OWNER” whose address is: CUSTOMER ADDRESS. By this contract, ((YC) agrees to perform, and Owner agrees to pay for, the services hereafter set forth, such services to be performed on the grounds located at LOCATION.
I. DESCRIPTION AND SCOPE OF WORK
A. Grass/Turf Areas
1. Mowing. All turf areas including swales will be mowed a minimum of 36 times
a year, or as many additional times as may be required to keep grounds in an
acceptable mowed condition. Lawn areas to be mowed to a uniform height of 3.5 to
4.5 inches. Trimming of all areas will be done with each full mowing.
2. Edging. Edging of sidewalks, curbs, and parking areas will be done every other
mowing except during winter months and then with each cutting. Clean up with each
service.
3. Pest Control Turf Area. Pest control will be performed every two months with
call backs at no additional charge. This services includes pesticide and fungicide
applications. This service will be billed after each service is performed.
4. Grub Control. The Southern White Grub has become an enormenous problem in
our area and requires special measures. The first is an early season treatment in May
followed by a treatment in September. In the event that grubs are detected after
these treatments (and most likely they will be) (YC) will retreat at no charge.
(Note): These grubs have already begun to show a resistance to chemicals. The
manufacture has suggested an increase in the amount of chemical used. While at the
same time increasing the cost of the chemical by 110%. Currently this chemical
is the only effective control for the grubs. This service will be an additional charge
billed at the time of service.
5. Fertilization. (YC) will fertilize turf three (3) times per year with quality LESCO
fertilizer with 50% s.c.u. slow release fertilizer.
B. Ornamental Plants
1. Weed Control. Ground cover and shrub beds in lawn areas shall be sprayed at
least once per month and or more during the growing season. The use of a
pre-emergent for beds is desirable. Spraying will not be performed during periods
of high winds.
2. Shrubbery Pruning. All shrubs will be trimmed/ pruned to provide for best
growth and beauty. Pruning will be performed monthly during growing season
and as needed remainder of year.
3. Pruning Trees. (YC) will prune trees one time per year but only in accordance
with provisions of this paragraph. The purpose of the tree pruning is to remove
dead limbs, low limbs, crossing limbs, and in some species to contain
excessive growth. The other trees to be pruned is limited to those limbs
approximately 12 feet above the ground. In addition to the annual pruning, (YC) will
remove as needed occasional broken or dead tree branches and palm frons which
can be reached and as set forth in this paragraph. In the event a tree may exceed the
height of fifthteen feet BSI may choose to use a sub contractor at a slight charge to
the association.
. C. Parking Lots, Sidewalks, Etc.
1. Sidewalks. Sidewalks will be cleaned after each mowing.
2. Parking Lot. These areas covered in contract will be cleaned
as needed. This is limited to areas where service is performed.
3. Trash. Trash will be picked up prior to each service and deposited in Owner’s
dumpster.
II. General.
A. YC agrees, as an independent contractor to furnish such labor and or
materials, to perform work in a professional manner.
B. YC agrees to provide sufficient personnel and supervision to perform
the work described herein.
C. YC agrees to perform all work in such a way as to insure the safety of
life and property.
III. Services Not Included Under This Contract.
The following services are specifically excluded but are offered at an additional
charge.
A. Landscaping and design.
B. Plant replacement.
C. Major pruning resulting from high winds, hurricanes, or damage caused
by any person other than YC employees. YC will prune and or remove damage
to shrubbery and ornamental plants caused by freeze, but not damaged caused
to trees.
E. Tree removal.
F. Mulch where and if needed.
IV. Irrigation System.
Any damage caused to system other than damage caused by YC will be the
responsibility of the owner Irrigation heads should be set no higher than two inches
and even with protective rings. Damage found will be reported the day it occurs.
V. Provisions for Default and Cancellation.
A. Owner may cancel this contract for cause and in this manner. If YC fails to
perform satisfactorily the services described in this contract, then Owner shall
give YC written notice of deficiency at YC address indicated within this contract,
specifying which services have not been performed or have been performed
unsatisfactorily. If YC does not correct the deficiencies within (7) seven days, then
Owner shall give written notice of cancellation effective (23) twenty-three days
from receipt at YC office. If Owner cancels according to this paragraph then
Owner will be required to pay only for those services that were satisfactorily
rendered through the last service call actually made.
B. If Owner fails to make any payment when due (including a penalty payment)
and does not make such payment within (10) ten days after being notified by BSI
of the delinquency in the payment, Owner shall be in default under this contract.
YC may, at its option, cancel this contract by giving written notice of cancellation
to Owner for such default.
C. In the event of cancellation by YC for Owner’s failure to pay, as described
above, YC shall be entitled to recover from Owner compensation for the services
actually performed and, in addition, liquidated damages equal to 50% of the price
remaining to be paid to YC for the portion of the contract period remaining after
cancellation.
D. If Owner cancels or attempts to cancel this contract in a manner other than
described in paragraph A. of this part V. or for a reason other than unsatisfactory
performance by YC, then YC shall be entitled to recover from Owner
compensation for services actually performed and, in addition, liquidated damages
equal to 50% of the price remaining to be paid YC for the portion of the contract
period remaining after cancellation.
E. The failure of either party to exercise or enforce a remedy for any default by the
other party under this contract, shall not constitute a waiver of the party’s right to
exercise such remedy in the event of future default.
F. In the event that either party is required to retain an attorney, collection agent, or
institutes legal proceedings, then the prevailing party shall be entitled to recover all
costs and attorney’s fees, whether or not suit is brought and including appellate
proceedings.
VI. Term, Price, and Payment Terms.
A. The term of this contract is one year (with option for second year) beginning on
the date of acceptance, and ending one year from that date. The price for the services
described herein to be performed by YC for the entire term of this contract is:
$00,000.00. Payments shall be made in equal monthly installments of: $0,000.00
each. Statements will be rendered by YC to Owner by the 25th day of each month,
and are due in full by the fifth day of the following month. Failure of Owner to pay
any amount due shall cause Owner to incur and pay a penalty of 1.5% of the unpaid
sum for each month or portion of a month that the payment is delinquent until
payment, with penalty, is received by YC.
B. This contract price has been negotiated and agreed upon based on Owner’s
grounds as they exist on the contract date. In the event Owner adds additional turf
area, trees, plantings, walks, driveways, or paths that are suitable for edging or
other maintenance, YC shall not be responsible for the care or maintenance of
such additional improvements unless Owner and YC, by separate writing, agree
upon additional service to be rendered and the price for such service.
C. Other incidental work not provided for in this contract, will be provided at an
hourly rate of $37.00 per man hour. This work will be done upon written
authorization.
VII. Pest Control Term and Price.
A. Pest control on turf as per this agreement will be $00.00 per application for a
total cost of $0,000.00 per year.
B. Grub control as per this agreement will be $000.00 per application for a total cost
of $0,000.00 per year.
VII. Entire Contract.
IN WITNESS WHEREOF, YC and owner have signed this contract.
YOUR COMPANY
BY:_ DATE:_
I. DESCRIPTION AND SCOPE OF WORK
A. Grass/Turf Areas
1. Mowing. All turf areas including swales will be mowed a minimum of 36 times
a year, or as many additional times as may be required to keep grounds in an
acceptable mowed condition. Lawn areas to be mowed to a uniform height of 3.5 to
4.5 inches. Trimming of all areas will be done with each full mowing.
2. Edging. Edging of sidewalks, curbs, and parking areas will be done every other
mowing except during winter months and then with each cutting. Clean up with each
service.
3. Pest Control Turf Area. Pest control will be performed every two months with
call backs at no additional charge. This services includes pesticide and fungicide
applications. This service will be billed after each service is performed.
4. Grub Control. The Southern White Grub has become an enormenous problem in
our area and requires special measures. The first is an early season treatment in May
followed by a treatment in September. In the event that grubs are detected after
these treatments (and most likely they will be) (YC) will retreat at no charge.
(Note): These grubs have already begun to show a resistance to chemicals. The
manufacture has suggested an increase in the amount of chemical used. While at the
same time increasing the cost of the chemical by 110%. Currently this chemical
is the only effective control for the grubs. This service will be an additional charge
billed at the time of service.
5. Fertilization. (YC) will fertilize turf three (3) times per year with quality LESCO
fertilizer with 50% s.c.u. slow release fertilizer.
B. Ornamental Plants
1. Weed Control. Ground cover and shrub beds in lawn areas shall be sprayed at
least once per month and or more during the growing season. The use of a
pre-emergent for beds is desirable. Spraying will not be performed during periods
of high winds.
2. Shrubbery Pruning. All shrubs will be trimmed/ pruned to provide for best
growth and beauty. Pruning will be performed monthly during growing season
and as needed remainder of year.
3. Pruning Trees. (YC) will prune trees one time per year but only in accordance
with provisions of this paragraph. The purpose of the tree pruning is to remove
dead limbs, low limbs, crossing limbs, and in some species to contain
excessive growth. The other trees to be pruned is limited to those limbs
approximately 12 feet above the ground. In addition to the annual pruning, (YC) will
remove as needed occasional broken or dead tree branches and palm frons which
can be reached and as set forth in this paragraph. In the event a tree may exceed the
height of fifthteen feet BSI may choose to use a sub contractor at a slight charge to
the association.
. C. Parking Lots, Sidewalks, Etc.
1. Sidewalks. Sidewalks will be cleaned after each mowing.
2. Parking Lot. These areas covered in contract will be cleaned
as needed. This is limited to areas where service is performed.
3. Trash. Trash will be picked up prior to each service and deposited in Owner’s
dumpster.
II. General.
A. YC agrees, as an independent contractor to furnish such labor and or
materials, to perform work in a professional manner.
B. YC agrees to provide sufficient personnel and supervision to perform
the work described herein.
C. YC agrees to perform all work in such a way as to insure the safety of
life and property.
III. Services Not Included Under This Contract.
The following services are specifically excluded but are offered at an additional
charge.
A. Landscaping and design.
B. Plant replacement.
C. Major pruning resulting from high winds, hurricanes, or damage caused
by any person other than YC employees. YC will prune and or remove damage
to shrubbery and ornamental plants caused by freeze, but not damaged caused
to trees.
E. Tree removal.
F. Mulch where and if needed.
IV. Irrigation System.
Any damage caused to system other than damage caused by YC will be the
responsibility of the owner Irrigation heads should be set no higher than two inches
and even with protective rings. Damage found will be reported the day it occurs.
V. Provisions for Default and Cancellation.
A. Owner may cancel this contract for cause and in this manner. If YC fails to
perform satisfactorily the services described in this contract, then Owner shall
give YC written notice of deficiency at YC address indicated within this contract,
specifying which services have not been performed or have been performed
unsatisfactorily. If YC does not correct the deficiencies within (7) seven days, then
Owner shall give written notice of cancellation effective (23) twenty-three days
from receipt at YC office. If Owner cancels according to this paragraph then
Owner will be required to pay only for those services that were satisfactorily
rendered through the last service call actually made.
B. If Owner fails to make any payment when due (including a penalty payment)
and does not make such payment within (10) ten days after being notified by BSI
of the delinquency in the payment, Owner shall be in default under this contract.
YC may, at its option, cancel this contract by giving written notice of cancellation
to Owner for such default.
C. In the event of cancellation by YC for Owner’s failure to pay, as described
above, YC shall be entitled to recover from Owner compensation for the services
actually performed and, in addition, liquidated damages equal to 50% of the price
remaining to be paid to YC for the portion of the contract period remaining after
cancellation.
D. If Owner cancels or attempts to cancel this contract in a manner other than
described in paragraph A. of this part V. or for a reason other than unsatisfactory
performance by YC, then YC shall be entitled to recover from Owner
compensation for services actually performed and, in addition, liquidated damages
equal to 50% of the price remaining to be paid YC for the portion of the contract
period remaining after cancellation.
E. The failure of either party to exercise or enforce a remedy for any default by the
other party under this contract, shall not constitute a waiver of the party’s right to
exercise such remedy in the event of future default.
F. In the event that either party is required to retain an attorney, collection agent, or
institutes legal proceedings, then the prevailing party shall be entitled to recover all
costs and attorney’s fees, whether or not suit is brought and including appellate
proceedings.
VI. Term, Price, and Payment Terms.
A. The term of this contract is one year (with option for second year) beginning on
the date of acceptance, and ending one year from that date. The price for the services
described herein to be performed by YC for the entire term of this contract is:
$00,000.00. Payments shall be made in equal monthly installments of: $0,000.00
each. Statements will be rendered by YC to Owner by the 25th day of each month,
and are due in full by the fifth day of the following month. Failure of Owner to pay
any amount due shall cause Owner to incur and pay a penalty of 1.5% of the unpaid
sum for each month or portion of a month that the payment is delinquent until
payment, with penalty, is received by YC.
B. This contract price has been negotiated and agreed upon based on Owner’s
grounds as they exist on the contract date. In the event Owner adds additional turf
area, trees, plantings, walks, driveways, or paths that are suitable for edging or
other maintenance, YC shall not be responsible for the care or maintenance of
such additional improvements unless Owner and YC, by separate writing, agree
upon additional service to be rendered and the price for such service.
C. Other incidental work not provided for in this contract, will be provided at an
hourly rate of $37.00 per man hour. This work will be done upon written
authorization.
VII. Pest Control Term and Price.
A. Pest control on turf as per this agreement will be $00.00 per application for a
total cost of $0,000.00 per year.
B. Grub control as per this agreement will be $000.00 per application for a total cost
of $0,000.00 per year.
VII. Entire Contract.
IN WITNESS WHEREOF, YC and owner have signed this contract.
YOUR COMPANY
BY:_ DATE:_