The landscape contract The landscape contract should be created by the association’s attorney in consultation with the board of directors, and if applicable, the chair of the landscape committee, and the CAM. Contract provisions The following description of provisions that should be included in a landscape contract is derived from the Florida- Friendly Landscaping ™ Management Contract, prepared by UF/IFAS Extension. ● Worksite location : The contractor shall be provided with a map and plans of the property, delineating the area to be maintained. ● Baseline landscape evaluation and assessment : The contractor shall document the area with photographs of the existing conditions, prepare an inventory of dead and declining plants, and an evaluation of the irrigation system, and any waterbodies on the property. ● The association shall designate its contacts : Typically, the contacts are the CAM and/or a landscape committee chairperson (if applicable). ● The contract shall include provisions related to the contractor’s work methods including commitments : ○ To comply with Florida-Friendly Best Management Practices for Protection of Water Resources by the Green Industries. ○ To supply all necessary labor, materials, equipment, tools, and supplies. ○ To supervise all workers at the worksite. ○ To ensure that all work is performed in a skillful manner. ○ To ensure that only quality equipment and quality materials are used. ○ To ensure compliance with plant health and appearance as per specifications described in the contract. ● The contract shall describe, in an appendix, the regularly scheduled work required of the contractor . The description must include detailed information regarding the type of equipment used, and the required methods for debris disposal, mowing, edging, trimming, mulching, pruning, fertilization, and pest and irrigation system management. ● The contract shall: ○ Define its effective (beginning and ending) dates. ○ Describe, in an appendix, the definition of terms used in the contract. ○ Include the monthly cost of the regularly scheduled work. ○ Describe the invoice and payment process, including late payment and late payment charge. ○ Require the contractor to document irrigation system inspections, IPM monitoring, soil and pest management treatments, and other chemical applications. ○ Describe the methods of termination of the contract, including for cause by association, for cause by contractor, and at-will (without requiring cause). ○ Designate regularly scheduled work hours. ○ Identify any limitations on scope of work, such as plant replacement (other than those damaged by contractor), repair or changes to the irrigation system, and tree removal. ○ Require the contractor to report any need for work, beyond the scope of the work described in the appendix, to the association upon discovery (and include timeframes for doing so).
○ Identify the contractor as an independent contractor. ○ Require the contractor to comply with all federal, state, and local laws and ordinances when performing work on the worksite, including those related to the safety of persons, such as those required by the Occupational Safety and Health Administreation (OSHA). ○ Require the contractor to maintain all valid licenses and certifications and provide them to the association upon request. ○ Require the contractor to protect the worksite from damage, including all plant materials, structures, utilities, and natural areas both above and below ground; to report damage to the association; and to restore the damaged object or area to its previous state. ○ Require the contractor to use their best efforts to protect the property from chemical, fuel, oil, and other contaminated spills and provide any required environmental cleanup if it has caused the contamination. ○ Prohibit the contractor from blowing or placing soil, chemicals, mulch, and other materials into storm water drains. Other facets of the landscape contract will include certain requirements with respect to the contractor’s employees and subcontractors: ● The contractor shall provide and update a list of names of its current employees, as well as any subcontractors’ employees, their contact information, and schedules. ● The contractor shall ensure that any supervisor speaks, writes, reads, and understands English and is capable of writing schedules and deficiency reports. ● Supervisors shall have a minimum of three years’ landscape maintenance experience. The contract should also ensure the following: ● The contractor’s employees will wear clean uniform shirts that clearly identify the name of the contractor, as well as proper shoes, and use the equipment required by state safety regulations. ● The contractors’ vehicles must be clean and presentable and have legible signs that clearly display the contractor’s name and telephone number. ● All employees who apply commercial fertilizer shall hold Green Industries’ best management practices certification, and other licenses and/or certifications as required by F.S. 482.1562. ● Subcontractors shall be used only upon written consent of the association; the contractor shall supervise the subcontractor and be responsible for their quality of work. Insurance coverage and indemnification The contract should require the contractor and subcontractors to: ● Maintain general insurance liability, broad form contractual liability, automobile liability, and workers’ compensation insurance. ● Carry workers’ compensation insurance with employers’ ● Indemnify and hold harmless the association, to the fullest extent permitted by law, against all claims, losses, and expenses that arise out of or result from any act or omission, whether negligent or not, relating to any contractual service provided by the contractor or its subcontractors. liability of at least $1,000,000 and a waiver of modification for the work or job performed.
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Book Code: CAMFL1526
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