2014 COMMON AREA GROUNDS MAINTENANCE AGREEMENT Neighborhood Association

Transcription

1 2014 COMMON AREA GROUNDS MAINTENANCE AGREEMENT Neighborhood Association This agreement is made by and between (Contractor) and the Neighborhood Association (Neighborhood) for the calendar year January 1, 2014 through December 31, The purpose of this Agreement is to state the terms and conditions under which the Contractor will provide grounds maintenance to the Common Areas in this Neighborhood as noted below, and as identified on Exhibit A. (Note: Please check all that apply.) Main Entrance Secondary Main Entrance Sub Entrances Parkway including Median Parking Lot Clubhouse Grounds Tot Lot Court Area Pool Area Walking Trail Park(s) Detention Pond(s) Lake Other I. Turf Maintenance Turf areas shall be mowed weekly during the growing season and as needed to retain a good showing during the remainder of the year. Maintain a neat appearance. All curbs, court areas, sidewalks, and beds shall be edged at least twice a month during the growing season, more often if necessary, and as needed during the remainder of the year. The blowing of leaves, clippings, and debris will be performed at the conclusion of each turf mowing on all courts, sidewalks, driveways and curb areas. All asphalt surfaces should be kept free of debris created by mowers, edgers, or weedeaters. Care must be taken to ensure that blowing does not damage any beds, and that debris is blown into a suitable area. Typically, Bermuda and Zoysia shall be cut to a height of approximately 1.5 inches and fescue to a height of approximately 3 inches. Contractor must provide control of all broad leaf weeds in all turf areas. II. Shrubbery, Ground Cover, and Ornamental Trees Pruning of all plant material is required under the terms of this contract. All plant material shall receive light pruning during the growing season to maintain an aesthetic appearance. Heavy pruning should be scheduled once per year during a month when the plants and trees are dormant. Pruning of shrubbery around Townhome buildings should be done on a regular basis and may be specifically requested by the Association Manager. Control of insects is required under the terms of this contract. Insects shall be controlled with approved insecticides. Control of weeds is required under the terms of this contract. All shrub beds, tree bases, and open mulched or strawed areas shall be hand weeded and/or chemically treated as necessary to maintain a weed-free condition.

2 Control of ants and ant mounds is required under the terms of this contract. The appearance of ant mounds in turf or other areas will not be tolerated. When ant mounds are noted during a regular service visit, they should immediately be raked and treated with an approved chemical. Destroying the mound with a mower does not constitute elimination. Dead plant material not requiring equipment for removal shall be removed and hauled away during any regular service visit. If possible, the Contractor should make a note of all plants removed during the growing season to be replaced in the Fall. Any plants or trees installed by Contractor during the term of this contract shall be under warranty for a period no less than one year. III. IV. Fertilization Turf fertilization is required under the terms of this contract. All turf areas as noted in Exhibit A shall be fertilized a minimum of four (4) times per year. Tree/shrub fertilization is required under the terms of this contract. All ornamental trees and shrubs shall be fertilized at least once per year at the appropriate time as determined by contractor. Contractor should notify the Association Manager when any fertilization is to take place. Irrigation Management The Contractor shall have full responsibility for the start-up, maintenance, operation, and winterization of all irrigation systems in the neighborhood. The Contractor shall be responsible for running the irrigation systems under the guidance of any local or state regulations. Should the neighborhood be fined by a government entity for improper irrigation, the Contractor will be held liable for the fine. Rain gauges shall be in use on all irrigation systems. If a rain gauge is not in place, Contractor should submit a proposal to the Association Manager by April 1, 2014, to install any gauges needed. All irrigation systems shall be inspected, repaired, and operational no later than May 1, Once inspected, an itemized list of needed repairs along with itemized costs (if over $250) shall be presented to the Association Manager for approval no later than April 15, The systems do not necessarily have to begin a watering schedule on May 1 st, but they must be operational and ready to use at the appropriate time. During the weekly visits to the property, the crew should be instructed to observe for any possible irrigation issues, either excessive irrigation (standing water, etc.) or a lack or irrigation (browning turf or dying plant material) which would necessitate a visit by the Contractor s irrigation personnel. The complete system should be thoroughly checked once a month for proper operation of clocks and zones. The Contractor shall be responsible for the overall appearance of the neighborhood. It is in the Contractor s best interests to ensure that proper irrigation is operational and that turf areas, seasonal color, and shrubs and trees are looking their best at all times. Failure to do so may result in the termination of the contract under the steps noted below. If the irrigation systems cannot be used because of drought conditions or municipal restrictions, the Contractor shall propose an alternate method of watering (water truck, etc.) by giving a proposal to the Association Manager. Irrigation of turf shall cease no later than October 1, Irrigation of seasonal color may extend through December 1, 2014, provided no freezing weather occurs. Should freezing weather be predicted, the Contractor should make every effort to turn off the seasonal color irrigation, even if only for a day or two. All irrigation systems should be inoperable and winterized by December 1, 2014 and a note shall be sent to the Association Manager indicating that this task is complete.

3 V, General On every scheduled visit, the landscape crew should police all the common areas for trash, debris, and animal waste. Trash containers should be emptied on a regular basis to prevent overflowing, especially during the summer months. Where applicable, the Contractor shall be responsible for replacing full doggie station bags with empty ones. The Contractor shall be responsible for maintaining a supply of doggie station bags, the purchase of which shall be billed back to the neighborhood on a separate invoice. All courts shall be cleared of debris and blown off as needed each week. The Contractor shall be responsible for the proper instruction of all safety measures to their personnel. The Association Manager, an employee of NMA, shall be the contact person for the Landscape Supervisor. In some neighborhoods there may also be a Landscape Committee which will be introduced to the Supervisor. Should specific access be necessary in order to carry out the duties of the Contractor, the Association Manager or the homeowner will assume that responsibility. If it is the homeowner s responsibility to leave a gate unlocked for a courtyard home, for example, and the gate is locked, the Landscape Supervisor should immediately report the situation to the Association Manager. The Association will not pay a fuel surcharge on any bill. Please take this into account when making your proposal. Work hours are to be as follows: Common (non-residential) Areas 7:00 AM to 7:00 PM Residential Areas, Townhome or Single Family 8:00 AM 7:00 PM VI. VII. Inspections The work of the Contractor may be inspected by the Association Manager, a representative from NMA, or the Landscape Committee at any time. If deficiencies are noted, the Association Manager will contact the Landscape Supervisor via phone or to discuss. The Supervisor will be given adequate time to correct the deficiencies. If the same deficiencies are noted on a follow-up inspection with the Landscape Supervisor, the Contractor may receive a written notice of deficiency and placed on a thirty (30) day notice of possible termination. The Contractor will be allowed to use the thirty (30) days to correct all deficiencies or be terminated. Should additional work beyond the scope of the contract be required, the Contractor will be asked to submit a written bid to the Association Manager within 48 hours for the additional work. Terms The Contractor is required to furnish all labor, materials, fuel, equipment, supervision, insurance, and labor taxes. The Contractor must be fully covered by commercial general liability, automobile liability, and Workers Compensation insurance during the term of this contract, and must provide the neighborhood with a copy of same. Liability insurance must be for limits not less that $1,000,000 per occurrence through an insurer with a Best s rating of at least A VII (7). The Contractor shall not be liable for loss or damage to plant material caused by persons not employed by the Contractor or by extreme acts of nature. Either party may cancel this contract by means of a thirty (30) day written notice delivered to the other party by U. S. Mail or courier. This contract must be executed by both parties prior to the commencement of any work in the neighborhood. Contracts will be available for signing once the bids have been awarded. This contract calls only for the performance of the items listed above. Should additional work be necessary, the Contractor will be asked to submit a written proposal for approval by the Association Manager, prior to commencing the work.

4 This contract is only for work performed on Neighborhood Common Areas, and does not include any work that might be done on a model home or other lot not included in the Common Area. The Contractor, its sub-contractors, their agents and employees shall indemnify, hold and save harmless and defend at its own expense the Neighborhood, its officers and employees, and Neighborhood Management Associates, Inc., its officers and employees, from and against all claims, demands, losses, expenses, damages, actions, suits and other proceedings, judgments, settlements or any other matter in any way arising from, by reason of, in connection with or based upon, any act of omission occasioned by or otherwise attributable to the Contractor, its subcontractors, their agents or employees and the services rendered by the Contractor, its sub-contractors, their agents or employees pursuant to this Contract. VIII. Cost The Contractor agrees to perform the work as specified according to the following schedule as applicable: Common Area Maintenance* Townhome (added new) Maintenance** Irrigation Management Start-up Irrigation Management Winterization Detention Pond Maintenance Tot Lot Maintenance and Mulch Walking Trail Maintenance Bush Hogging per month per unit per hour * Common area in Townhome neighborhoods includes all the landscaped area around each Townhome building as well as entrances, parks, etc. ** Refers to units and/or buildings added after the contract is executed.

5 The Neighborhood Association Manager will approve all invoices for Common Area Maintenance, Irrigation Management, Mulching, pinestraw application, and all other landscape work done in the neighborhood. Invoices received later than 90 days after completion of the services will not be accepted. Invoices should be mailed to the neighborhood, Attn: NMA, P. O. Box 87363, Atlanta, GA on the first day of the month for services performed during the previous month. Payment will typically be made by the 15 th of the month. For the Contractor: Signed and dated the day of, 2013 Company: Tax ID#: Printed Name: Title: Address: City, State, Zip: Cell Phone: Office Phone: Signature: For the Neighborhood: Signed and dated the day of, 2013 Neighborhood Association: Signature: Title: