[CANUFNET] Contract specifications

[Jim Donnelly]

Hello Ian our process is fairly standard in Alberta though time periods probably differ by region. Developments are broken into servicing  agreements like Boulevard Trees, Public Utility Lots, Municipal Reserve Park Development along with all of the different hard infrastructure assets and money in the form of Securities are taken on each servicing agreement and held by the City until these servicing agreement assets are constructed.

We use a mandatory 2 year maintenance period from the issue of the construction completion certificate (CCC) to when the consulting engineer for the developer can request an inspection for final acceptance certificate (FAC). All maintenance and replacements are the developers responsibility during this maintenance period. Once the asset has passed FAC we take over all maintenance and responsibility. There are no further warranty periods. One exception to this process is turf grass; we will usually take over mowing of new park and boulevard turf grass at CCC as we run a fleet of large mowers but still hold back the last 10% until FAC.
We release most of the securities held at CCC and the rest at FAC. This is standard practice for all development here.


*         While the landscape contractor doesn't typically argue poor maintenance under this system they do have problems with new home owners butchering or double watering trees on the City portion in front of each lot. Sometimes the trees drown. Many landscapers deal with this by delivering a letter to each homeowner that buys a house in this new development. Of course we have seen cheap developers try to get by with just precipitation for two years until they can ask for an inspection also. The most common complaint we hear about this process is regarding PUL's (public utility lots) between rows of house there for the conveyance of underground utilities. These grassed areas are constantly being rutted up by contractors and utility companies accessing the some of the subdivision lots. Repair of this rutting falls to the landscaper and at FAC must have a well established turf grass surface. Developers have learned not to landscape these areas until most of the houses are complete.

*         We also have the developer trying to replace trees just before the inspection. If the number doesn't exceed 1 in 10 then we usually allow this thinking that at least we are getting a new tree that we can ensure gets watered consistently.

I suspect Ian that our process differences have a lot to do with our northern prairie climate and gumbo soils.

Jim Donnelly
Integrated Pest Management Coordinator
Parks Operations
City of Grande Prairie
jdonnelly at cityofgp.com<mailto:jdonnelly at cityofgp.com>

From: canufnet-bounces at list.web.net [mailto:canufnet-bounces at list.web.net] On Behalf Of Ian Wilson
Sent: June 2, 2011 9:45 AM
To: Canadian Urban Forest Network
Subject: [CANUFNET] Contract specifications

I'm interested in hearing from others regarding your contract specifications for new parks and tree planting projects.

Currently in Kelowna, once a project reaches substantial completion the parks department is responsible for maintenance, but there is normally a one year warranty on plant materials.  We have a few issues, including:


*         When plants or trees die, the contractor will sometimes try to argue that it's due to poor maintenance practices on our part, and they don't want to replace

*         Often the contractor will not replace dead plant materials until just prior to the warranty expiration

Do your contract specifications include a maintenance period where the contractor is responsible for maintenance?  How do you deal with warranty on plant materials and replacement?

thanks

Ian Wilson, Park Services Manager
City of Kelowna



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