COWBOY LAWN AND SPRINKLER LLC
TERMS AND CONDITIONS OF SERVICE
Schedule and Service Dates:
Turf-mowing season could span over eight to nine months, usually March to November. We typically bill for a 25 week season. The following is the schedule we strive to follow, weather permitting! We try to mow every 7 days on the same day every week. We may be delayed due to weather on your scheduled day or weather earlier in the week that delayed our weekly schedule.
Spring Cleans will be completed between Feb 15 – May 15
Deep Core Aerations services will be provided in
Spring: March – May
Fall: Aug – Oct.
Two (2) services are recommended each season.
Lawn Fertilization will be provided 3-5 times per season.
Turf areas fertilized on a customized schedule per lawn and soil needs as well as maintenance agreement.
An organic slow release program can be applied three (3) to four (4) times seasonally if requested
Weed Control will be applied in:
Early Spring as a pre-emergent herbicide
Late Spring/Early Summer as a post emergent broad spectrum herbicide
Mid Fall a pre-emergent herbicide will be applied
No chemical will be applied during summer months or when temperatures are above 85 degrees.
Fall Clean/Leaf Removal will begin October and end by the week before Thanksgiving. We do not provide leaf cleanup services if there is snow present on the ground or if the leaves are too wet to move with blowers.
We carry a $1,000,000/$2,000,000 general liability policy that allows us to add each of our customers as an additional insured to our policy. We have provided our certificate of insurance upon your request with this service estimate.
1.0 DESCRIPTION OF SERVICES
1.1.“Basic” Mowing and Maintenance Service: During each visit as needed, we will:
Remove normal trash and debris from lawn areas.*Move toys or items lying on turf and place them in appropriate area. Mow lawn areas and Mulch lawn clippings on site** Trim turf areas (around trees, mail boxes, mulch beds, along fence, etc.)*** Edge sidewalk, drive, and curbs on a monthly bases. Air-sweep hard surfaces.
*Removal of fallen branches larger than 8 feet long or 2 inches diameter is not included in our weekly lawn service. Fallen branches will be disposed of properly.
**Bagging of clippings is not included in the basic service. It is better for the lawn to have the clippings recycled into the lawn. If you still would like to have the clippings collected, 20% will be added to the “per visit” cost for mowing.
***Due to potential damage; Cowboy Lawn and Sprinkler LLC will not trim any grass or weeds growing in cracks of hard surfaces (asphalt, concrete, etc.), in mulch or flower beds, behind a/c units, or around any small rocks. Should you require maintenance around these areas; please contact us for an estimate to provide this service.
1.2. Before each mowing, trash and debris will be removed. Mowing will be performed every 7 days, depending on growth rate and weather. A turf height between 2 ½ – 3 ½ inches will be maintained
without removing more than 1/3 of the total leaf blade height. The mowing direction will be alternated each visit, whenever possible, to prevent compaction and enhance your lawn’s appearance. Our
equipment is maintained under a regular schedule to ensure excellent working conditions and safety.
2.0 DESCRIPTION OF ADDITIONAL SERVICES
2.1 Leaf Removal: During the fall season with leaves on the ground, it is more time consuming for us to perform the above cited “Basic” services during our visits (and harder on our mowing equipment). When leaves will interfere with mowing, visits will be rescheduled until after leaves are removed. Leaf removal options are by:
A. Cowboy Lawn and Sprinkler LLC (as needed):
Should you choose this additional service option, the price of leaf removal is per man hour. Since the volume of leaf fall cannot be estimated in advance, a price for removal cannot be quoted prior to service date. If requested, we will call with a quote at the time of service. Please note this does not include Additional Services described as “Spring and Fall Cleanups”.
B. Cowboy Lawn and Sprinkler LLC (scheduled weekly/biweekly leaf clean)
This option is billed as a weekly service and can be prepaid. We will provide leaf mowing/vaccuming services on a weekly or every other week (as needed) from October 15 – The week before Thanksgiving. This service is not provided if snow is present on the ground or excessive moisture is present and does not allow us to blow or move leave with our equipment. In such a case, service will be either postponed or canceled (a refund will be given). No service will occur after the last week of November.
C. Owner/Resident or Third Party: Should you choose to remove the leaves yourself or by a third party, please call us to coordinate your fall mowing schedule. If you desire us to mow your lawn while leaves are on the turf, we may charge a leaf removal fee (depending on the volume of leaves)
2.2 Shrub Trimming: Twice per year (once in the spring and once in the fall), we will trim and shape shrubs under 8 feet tall, removing not more than 6 inches from new/existing growth. We will also trim ornamental grasses down to 12-24″ height in spring if needed/requested.
2.3 Mulching: We can provide this service for smaller properties. It will be billed at a per cubic yard need. This service is not included in our seasonal lawn care program and can be requested on a needed basis.
2.4 Aeration and Over Seeding: Twice per year during the spring and/or fall season we will provide core aeration and/or over seeding. Aeration relieves soil compaction and increases the availability of air, water, and nutrients. Also, aeration minimizes thatch buildup. Over-seeding (at rates recommended by the manufacturer) with our custom blend of certified seed will help establish a thick, healthy lawn. Customers requesting these services that are not on a weekly or seasonal program (weekly lawn mowing) are required to mark any objects in the lawn area that could be damaged during aeration or over seeding. These include utility lines, sprinkler lines, invisible fence cables that are not below 5″ (if they are installed correctly they will be buried more than 5″ below surface), sprinkler heads and shallow roots. Marking flags will can be provided upon request. Cowboy Lawn and Sprinkler is not responsible for any damage to unmarked damaged items in lawn area.
2.5 Spring and Fall Cleanups: A cleanup crew will remove leaves, branches and other debris from existing mulched beds, other non-mulched planting and flowerbeds, shrubs, groundcover. This service will be performed at the beginning of the spring, and end of the fall season. Leaves will be hauled off or composted on site, if requested by the owner.
2.6 Weed and Pest Control / Chemical Application: All commercial applicators are licensed through the Colorado Department of Agriculture. Cowboy Lawn and Sprinkler LLC and its employees and agents are properly licensed and trained in the use, handling and application of pesticides. We only use pesticide products that are federally approved by the Environmental Protection Agency and Colorado Department of Agriculture for safe use and permitted by federal, state and municipal laws. We follow prescribed methods for mixing and use found on the label for all pesticides. Cowboy Lawn and Sprinkler LLC follows IPM (Integrated Pest Management) protocols, which involve following cultural and lawn care practices in partnership with the property owner that promote healthy turf to reduce or minimize pest populations. Pesticides are used sparingly and only when necessary to control pests. Complete elimination of pests is not guaranteed or desirable to promote a healthy lawn and ecosystem. Further, we primarily use pesticides that are post emergent, meaning they control weeds that have germinated or insects that have hatched. Pre-emergent control of pests/weeds is discouraged and not guaranteed. Proper notification of any application will be provided prior to service. Detailed records will be kept for all chemical applications and are available for review upon request by property owner or government agency.
2.7 Sprinkler Maintenance and Repair: Sprinkler services include the following services and warranties
A. Sprinkler Activation is completed in spring between March – May. Systems will be turned on, pressurized and adjusted. Backflow / Vacuum Breakers (PVB) are not tested or repaired by Cowboy Lawn and Sprinkler LLC. Automatic timers will be set to start in the early morning hours between 12:00am – 3:00am. Each zone will receive a time limit based on the sprinkler heads GPM ratings as to receive on average 1/2 inch of water twice a week. During water restrictions we will set the timer accordingly.
B. Sprinkler Blow Outs are provided in the fall or starting October 1 – the first week of November. We schedule this service for our seasonal customers up to a week before the 1st average scheduled deep freeze. Sprinkler Blow Outs is a service that used a high volume, low pressure air compressor to “blow out” the majority of the water in an in ground sprinkler system. Water is blow out typically after (down line from) the Backflow Preventer / Vacuum Breaker from each zone. Water is shut off at the Backflow Preventer / Vacuum Breaker and is not drained from the main supply line. Customer will be responsible to drain and winterize the Backflow Preventer / Vacuum Breaker as well as the supply line as needed. Cowboy Lawn and Sprinkler LLC gives no warranty or guarantee that any line will not freeze or cause damage.
C. Sprinkler Winterizing is provided in the fall or starting October 1 – the first week of November. We schedule this service for our seasonal customers up to a week before the 1st average scheduled deep freeze. This service also needs to be scheduled in a way that will allow Cowboy Lawn and Sprinkler access to the sprinkler shut off valve (usually located inside), the timer box and the drain valve. This service provides all the services a Sprinkler Blow Out provides as well as winterizing the Backflow Preventer / Vacuum Breaker and the supply line to the sprinkler shut off. Cowboy Lawn and Sprinkler LLC gives no warranty or guarantee that any line will not freeze or cause damage.
D. Sprinkler Maintenance is a service that provides monthly sprinkler system checks to ensure accurate and complete coverage as well as appropriate watering intervals based on natural precipitation predicted. We also notify owners of any repairs that may need to be completed.
E. Sprinkler Repairs are only completed upon written approval. Cowboy Lawn and Sprinkler does not repair, replace or diagnose water pumps, water pump systems or Backflow Preventers / Vacuum Breakers. We will replace sprinkler heads, valves, timer boxes, main lines and joints. All repairs have a minimum 15 day limited warranty on labor and 30 day warranty on parts.
2.8 Parking Lot and Other Areas if agreed upon, will have all small debris gathered and removed from street gutters, parking spots, drives and other common areas (HOA only). Large or excessive items may have an additional disposal charge.
Annual Maintenance Agreement
3.0 CONTRACTOR RESPONSIBILITY
Cowboy Lawn and Sprinkler LLC shall perform work in accordance with the written terms contained or referred to in this agreement. Cowboy Lawn and Sprinkler LLC reserves the right to renegotiate the contract when price or scope of work is affected by changes to any local, state, or federal law, regulation or ordinance that goes into effect after the Agreement is signed; or any changes to property layout is made as set forth under paragraph 5.1 section B.
3.1 Work Force: All employees, contractors and agents shall be competent and qualified, and shall be United States citizens or legal residents authorized to work in the United States.
3.2 Materials: All materials shall conform to bid specifications. Contractor will meet all Agricultural
licensing and reporting requirements. All commercial applicators are licensed by the Colorado Department of Agriculture.
3.3 Bio-Hazards: Cowboy Lawn and Sprinkler LLC shall not be responsible for policing, picking up, removing or disposing of certain materials that may be bio-hazards on the Owner/Client’s property. This includes, but is not limited to, items such as hypodermic needles, condoms, feminine hygiene products, clothing or materials used in the process of cleaning up bodily fluids.
3.4 License and Permits: Cowboy Lawn and Sprinkler LLC will comply with all licenses and permit requirements of the City, State, and Federal Governments, as well as all other requirements of law. All commercial applicators are licensed by the Colorado Department of Agriculture.
3.5 Taxes: Cowboy Lawn and Sprinkler LLC agrees to pay taxes applicable to its work under this agreement, including sales tax on material supplied where applicable.
3.6 Insurance: Cowboy Lawn and Sprinkler LLC agrees to provide General Liability Insurance, Automotive Liability Insurance, and any other insurance required by law. We carry a $1,000,000/$2,000,000 general liability policy that allows us to add each of our customers as an additional insured to our policy.
3.7 Liability: It is understood and agreed that Cowboy Lawn and Sprinkler LLC is not liable for any damage of any kind that is not caused by the negligence of our contractors, our agents or employees.
3.8 Invoicing: Cowboy Lawn and Sprinkler LLC will submit monthly service statements/Invoices for the amount set forth under the prices and terms shown in Section 6 of this Agreement. Any services rendered, that are in addition to or beyond the scope of work required by this Agreement shall be billed separately.
3.9 Notice of Defect: We shall provide Client a written explanation of any defect that requires more than 5 business days to correct.
3.10 Right to Cancel: Cowboy Lawn and Sprinkler LLC may cancel this Agreement by giving a 10 business day’s written notice for nonpayment, after the payment is delinquent.
4.0 CLIENT RESPONSIBILITY
4.1 Access to Jobsite: Client shall furnish access to all parts of the jobsite where Contractor is to perform work as required by this Agreement or other functions related thereto, during normal business hours and other reasonable periods of time. Working hours are from 7:00am – 7:00pm Monday – Friday and 7:30am – 6:00pm Saturday and Sunday. If a stricter hours of operation is required customer must make a written request by email or letter.
4.2 Payment: Client shall review statements submitted by Cowboy Lawn and Sprinkler LLC and payment shall be due 14 days or upon receipt (as indicated on invoice/statement) following the date of the statement and delinquent if not paid by that date.
4.3 Notice of Defect or Damage: Client shall request Cowboy Lawn and Sprinkler LLC (via phone call for minor problems and in writing for more serious issues) to correct the defect or damage caused by employees while performing this Agreement’s work. In most cases, we will address or remedy the problem within two to five days after receiving Client’s request. In some cases it may take longer, depending on circumstances beyond our control (including, but not limited to: weather, inappropriate time of year of to correct the turf or landscape problem, or non-availability of materials). In the unlikely event that Cowboy Lawn and Sprinkler LLC and Client cannot agree on a mutually acceptable solution to written requests, we will consider acceptance of a cost reduction to amount due or performing additional work at no charge.
5.0 TERM AND CONDITIONS
5.1 Agreement Term: Options for the length of this agreement are indicated in Section 6.0. We want your business for a long time.
A. Term of 9 months: Rates will not change during the Agreement period, with exception to section 3.0, or a “Change to Property Layout” occurs. See below.
B. Changes to Property Layout (i.e. adding a fence, pool, etc.): We may adjust the Agreement price and a revised Agreement will be issued. The client has the right to accept or reject the new Agreement without incurring penalty but still must be pay for any services that have been completed.
5.2 Monthly Payments are due at the office of Cowboy Lawn and Sprinkler LLC by the 1st day of each month.
5.3 Billing Statements will include work for upcoming calendar month.
5.4 Late Fees on payments past due shall be $5.00 or bear interest at the rate of 5% per month (whichever is greater)
5.5 Visit Schedules are set to maximize worker productivity by minimizing travel time between jobs. Due to uncontrollable conditions (especially weather and traffic) we cannot specify an exact date and time of every service.
A. All lawn maintenance is scheduled the same day each week. If uncontrollable conditions prevent us from maintaining lawn on the scheduled day, we will come the next available day. The next week’s visit will be on the regularly scheduled day (assuming it’s at least 4 or more days from the off-schedule visit).
B. Cancelling a Scheduled Visit: We need to be notified 2 days before your normal scheduled service to
let us know you want to be skipped. If the lawn is skipped at your request and we find the lawn to be overgrown on our next visit we may add up to an additional 125% surcharge to the “per visit price” to cover the additional time needed to perform maintenance and/or additional wear on our equipment. We do not recommend skipping scheduled services as it typically will cost a customer additional money for the following visit.
5.6 Agreement Cancellation: If Cowboy Lawn and Sprinkler LLC has been paid for all performed services; you have the right to cancel this Agreement without penalty with a 14 day written notice that you are not 100% satisfied with our service. Seasonal or Weekly rates may be changed to single service rates and an amount due may occur. Any balance owed will be invoiced and must be paid upon receipt.
5.7 Agreement Extension: In the absence of a Cancellation Notice, this Agreement will continue for an additional term, as set forth under Section 6, with the same provisions and conditions until ended by serving a 14-day written notice (from either party) prior to the current term’s anniversary.
5.8 Assignment: This Agreement’s provisions and conditions may be transferable by:
A. Client to new property owners or tenants for the remainder of the current term under the same provisions and conditions set forth by this agreement.
B. Cowboy Lawn and Sprinkler LLC to another qualified lawn maintenance company so long as they conform to the same responsibilities and adhere to the same provisions and conditions set forth by this agreement.
If at any time during the life of the Agreement, our work does not meet or exceed your expectation
s, we will make it right at no additional cost
6.0 TERM LENGTH AND PAYMENT OPTIONS
A. Paid in Full: Payments can be made in full 3 or more days prior to service.
B. Monthly Payments: Payments can be made on the 1st of each month prior to service. Invoices/Statements will be emailed to customers at least 10 days prior to payment due date. Monthly payments are broken up into 5,6,7,8 or 9 months plans depending on services requested.
C. Per Service Payments: Payments can be made upon completion of single services. Payment is due within 2 days of completion of service. This option does not apply to seasonal or package services (i.e. weekly mowing, fertilizer programs).
6.1 Payments Accepted are cash, check, bill/bank pay payments and credit cards.
A. All payments except check and bill/bank pay payments will be given a receipt.
B. Credit Cards payments can be made online through our invoice process. A small convenience fee will be added to all credit card invoices.
C. Checks can be mailed and made payable to Cowboy Lawn and Sprinkler LLC, PO Box 183, Littleton CO 80160.