[CANUFNET] Contract specifications

[Postma, Rick]

Hi Ian

In London we have a 2 year warranty on all new trees planted and we hold securities for that.


5-23 RELEASE OF IRREVOCABLE LETTER OF CREDIT OR CERTIFIED CHEQUE
Following the two (2) full growing season warranty, all plant material and workmanship will be inspected and a deficiency list prepared. Deficiencies must be rectified to the satisfaction of the Project Manager before the Irrevocable Letter of Credit or Certified Cheque will be released. A growing season is defined as May 1 -September 1.

During that time they are to follow required to do all maintenance on the trees as follows:


Section 10. MAINTENANCE

10.1 The successful bidder is responsible for maintaining all plant material in a healthy, viable condition from the time of installation up to the time of written, Final Acceptance. This "maintenance" will include:

i) all trees shall be watered at time of planting and then weekly thereafter for the first growing season, unless directed otherwise by the Project Manager;

ii) watering as required and appropriate to soil and weather conditions throughout the two season warranty period;

iii) maintenance of bark mulch to be weed-free and to specified depth;

iv) maintenance of stakes, ties, protective hosing and tree guards to specified standards; and

v) pruning dead, cross-over and damaged limbs as required.

vi) written confirmation of work completed and sent to the City



10.2 The successful bidder shall not spray plants to combat pests and diseases without written permission from the Project Manager.

10.3 The successful bidder is responsible to provide adequate protection against winter damage including damage caused by rodents and wind.

This ensures that the contractor takes an active role in ensuring the trees are maintained.  The Warranty also gives us a lot of options with regards to how we deal with material that dies.


Section 12. WARRANTY/GUARANTEE

12.1 The successful bidder hereby warrants that all installed plant material will remain free of defects for a minimum of two (2) full growing seasons following installation. A growing season is defined as May 1 to September 1.



12.2 A Final Acceptance inspection by the Project Manager will take place prior to the end of the warranty/guarantee period.



12.3 The Project Manager reserves the right to extend the successful bidder's warranty/guarantee responsibilities for an additional year if, at the end of the initial warranty/guarantee period, leaf development and growth is not sufficient to ensure future survival, in the opinion of the Project Manager.



12.4 At any time during the warranty/guarantee period the successful bidder shall identify and remove from site any plant material that has died or that has failed to grow satisfactorily or as determined by the Project Manager. A list of trees that require replacement or attention (ie: re-staking, pruning, etc.) will be provided to the successful bidder from the Project Manager as information becomes available, either through inspections or calls received. Deficiency lists for trees not meeting the specifications of this contract will be issued as required throughout the course of this contract. The successful bidder shall rectify all deficiencies within thirty (30) days after written notice is issued unless otherwise stipulated in the notice.



12.5 After the first full growing season, and not later than June 30 of the year following planting, the successful bidder shall provide the city with a deficiency report of all trees planted. This report will identify trees that require replacement or remedial action by the Contractor (ie: re-staking, pruning, re-mulching, re-tying or any other maintenance). The report shall include the date the remedial actions took place or a plan, satisfactory to the Project Manager, to correct any deficiencies.



12.6 The warranty/guarantee on all replacement plant material shall be extended for a period equal to the original warranty/guarantee period from the time of replacement at the discretion of the Project Manager.



12.7 The successful bidder shall continue such replacement and warranty/guarantee until plant material is acceptable. The successful bidder shall not be responsible for the cost of replacements resulting from vandalism or carelessness on the part of others.



12.8 Prior to the end of the 2 year warranty period, the City of London will carry out a final deficiency report. This report may be done by the City or their designate and in the case of the hiring a Landscape Architect or Registered Professional Forester, will be stamped with their seal. This report will identify trees that require replacement or remedial action by the Contractor (ie: re-staking, pruning, re-mulching, re-tying or any other maintenance). The report shall include a plan, satisfactory to the Project Manager, to correct any deficiencies.
Once all the deficiencies on that list have been corrected and subject to the City of London's approval, any bonds shall be released.

Sorry for the length, this is wording straight out of our tender and is available on our website if you dig.  I hope it is helpful.

Rick Postma
Forestry Technologist
City of London
(519) 661-2500 ext 8480
rpostma at london.ca

From: canufnet-bounces at list.web.net [mailto:canufnet-bounces at list.web.net] On Behalf Of Ian Wilson
Sent: Thursday, June 02, 2011 11:45 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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