1299 Oxford St. E., Unit 5C5 | London, ON N5Y 4W5 | 519 ... · and as follows: LMHC Tender #: 2018-0003-1481 Tree Removals and Pruning, 1481 Limberlost Road, London ON. We thank all

1299 Oxford St. E., Unit 5C5 | London, ON N5Y 4W5 | 519-434-2765 | [email protected]

1299 Oxford Street East, Unit 5C5, London, Ontario, N5Y 4W5

Tel: (519) 434-2765 | Fax #: (519) 679-7000 | www.lmhc.ca

Project # 2018-0003-1481

Tree Removal and Pruning

1481 Limberlost Road, London ON

Date prepared October 18, 2018

Prepared by: Nancy Strickert

Unit 5C5 - 1299 Oxford Street East, London, Ontario, N5Y 4W5

Tel: (519) 434-2765 | Fax #: (519) 679-7000 | www.lmhc.ca October 18, 2018

Project #: 2018-0003-1481 Tree Removal and Pruning 1481 Limberlost Road, London, ON

London & Middlesex Housing Corporation (also referred to as LMHC) invites Contractors (Bidders) to submit sealed tenders to provide professional arborist services to include but not limited to, the pruning, removal of dead or unsafe and unhealthy trees, and to crown and raise the canopy of the tree line of approximately 290 trees located on this 10 acre 160 town house site. Interested Contractors are to submit the attached Tender Documents as noted below. Tender documents must be received at: London & Middlesex Housing Corporation Unit 5C5 - 1299 Oxford Street East London, ON N5Y 4W5 No later than 11:00 a.m. local time, November 22, 2018 at which time the tenders will be opened. Partial Tenders will not be accepted. Contractors submitting Bids shall provide all labour, materials, plant, and equipment for the alterations to this site. A site visit has been arranged to view the work on Wednesday, November 7, 2018, at 10:00 a.m. Please meet in the parking lot at the rear of unit 1, 1481 Limberlost road. Note: Attendance is NOT mandatory but failure to attend may result in bid submissions being declared informal and being returned to the proponent. Escorted alternate site visits will not be available.

LMHC – Window/Door Replacement Invitation to Tender Project #: 2018-0015 Section: 00050 2018 07 16 Page 2 of 2

/2 Contractors are responsible for inspecting each site prior to submitting their bids and must satisfy themselves as to the local conditions to be met during the conduct of the work. Bidders shall make their own estimate of the facility and difficulties to be encountered. No claim shall be allowed at any time after the submission of the tender that there was a misunderstanding of the terms and conditions of the contract relating to site conditions. Failure to make necessary inspections shall not be accepted as an excuse for any default on the part of the successful bidder to fulfil all the requirements of the contract or be accepted as a basis for any claim whatsoever for extra compensation or an extension of time. Proponents are to ensure that they are fully aware of the conditions and terms of the contract. Questions relating to all technical aspects of the drawings shall be directed to the consultant and questions relating to contract documents shall be directed to the LMHC representative. London & Middlesex Housing Corp Mr. Matt Byl Manager of Capital Projects and Construction Tel: (519) 434-2765 Ext. 236 Cell: (519) 868 -6351 Fax: (519) 679-7000 In order to be considered, all documents identified in Section – 00100 Instructions to Bidders must be submitted in your envelope clearly marked with the Bidder’s name and as follows: LMHC Tender #: 2018-0003-1481 Tree Removals and Pruning, 1481 Limberlost Road, London ON. We thank all Contractors who submit tenders to London & Middlesex Housing Corporation. Yours truly, N. Strickert Project and Facility Services Coordinator Ext. 270

LMHC –Tree Removal and Pruning Section Index Project #: 2018-0003-1481 Section: 00065 2018 10 18 Page 1 of 1

Tender Section No. of Pages

00065 Section Index 1

00050 Letter of Invitation 2

00055 Contact Sheet 1

00100 Instructions to Bidders 8

00310 Bid Form 5

00383 Work Performance & Qualifications 6

00600 Bid Bond 2

00610 Performance Bond 1

00710 General Conditions 40

00830 Requirements While on LMHC Property

4

00831 LMHC Equity Policy 1

00850 Drawing Index 1

00880 Building & Dwelling Index 1

00900 Contractor Compliance Statement 2

Architectural Specifications

00010 List of Contents

***** End of Section *****

LMHC –Tree Removal and Pruning Contact Sheet Project #: 2018-0003-1481 Section: 00055 2018 10 18 Page 1 of 1

For clarification, contact owner's representative as follows: London & Middlesex Housing Corporation Matt Byl Tel: (519) 434-2765 Ext. 236 Manager of Capital Projects Cell: 519-868-6351 and Construction Fax: 519-679-7000 Email: [email protected] Nancy Strickert Tel: (519) 434-2765 Ext. 270 Project and Facility Services Fax: (519) 456-1710 Coordinator Norman Turner Tel: (519) 434-2765 Ext. 242 Director, Asset Management Fax: (519) 679-7000

***** End of Contacts *****

LMHC –Tree Removal and Pruning Instructions to Bidders Project #: 2018-0003-1481 Section: 00100 2018 10 18 Page 1 of 11

Table of Contents

Part 1 - Inquiries During Bidding Period ................................................ 2

Part 2 - Addenda..................................................................................... 2

Part 3 - Tendering Method – Stipulated Price ........................................ 2

Part 4 - List of Subcontractors ................................................................ 3

Part 5 - Substitutions, Product Options .................................................. 3

Part 6 - Asbestos ..................................................................................... 3

Part 7 – Tender Submission & Bid Form ................................................. 3

Part 8 - Bid Security ................................................................................ 4

Part 9 - Acceptance or Rejection of Tenders .......................................... 5

Part 10 - Examination of the Site, Specifications & Drawings ................ 5

Part 11 - Qualification Information ......................................................... 6

Part 12 - Taxes & Duties ......................................................................... 7

Part 13 - Freedom of Information & Protection of Privacy Act 1987 ....... 7

Part 14 - Award of Contract .................................................................... 7

Part 15 – Site Conditions ........................................................................ 8

Part 16 - Scope of Work ......................................................................... 9


PART 1 - INQUIRIES DURING BIDDING PERIOD 1.1 For the purpose of this contract, inquiries related to technical aspects should

be directed to LMHC’s Designate. 1.2 For the purpose of this contract, inquiries related to the interpretation of the

intent of the tender documents should be directed to LMHC’s Designate. 1.3 Promptly notify LMHC in writing, of any ambiguity, inconsistency or errors

discovered upon examination of tender documents, site, existing premises and local conditions.

1.4 Replies to questions and modifications to the Tender documents will be

issued in writing in the form of an Addendum. 1.5 Replies to questions and modifications in any other manner will not be legally

binding. PART 2 - ADDENDA 2.1 Bidders will be advised by Addenda of all clarifications and modifications to

the bid documents. 2.2 All such modifications shall be incorporated into the bid documents and shall

be allowed for in arriving at the base bid. 2.3 Insert in space provided on the Bid Form, the numbers of all addenda

received during the bidding period including any bound into the specifications.

2.4 If no Addenda have been received insert the word “NONE” instead. PART 3 - TENDERING METHOD – STIPULATED PRICE 3.1 Unless noted otherwise, Tenders shall be based on a Stipulated Price lump

sum arrangement with Separate Price, Alternative Price and Unit Price as required.


PART 4 - LIST OF SUBCONTRACTORS 4.1 On the Bid Form, list the names of the Subcontractors to be used for the

work. Bid shall be declared null and void if submitted without the list. 4.2 LMHC reserves the right to reject a proposed Subcontractor for reasonable

cause. 4.3 Provide a substitute Subcontractor at no increase to the Contract Price. PART 5 - SUBSTITUTIONS, PRODUCT OPTIONS 5.1 Comply with the requirements of appropriate section re: Substitutions and

Product Options. 5.2 LMHC will not consider requests for approval of substitutions during the

Tender period. 5.3 Whenever a product is specified by specific manufacturer, model or serial

number, as an “Acceptable Product”, it is not to be construed that all comparable manufacturers or products will not be considered at a later date.

5.4 Substitutions will be evaluated and approved or rejected by LMHC after

Contract award. PART 6 - ASBESTOS 6.1 A full report is available upon request. PART 7 – TENDER SUBMISSION & BID FORM 7.1 The Bidder must submit their Tender properly sealed in an opaque envelope

and on the Bid Form supplied and must deliver such Tender so that it is in the hands of such official of LMHC as may be designated in the Invitation to Tender within the time and at the location specified in the submission requirements.

7.2 The Bidder must:


(a) put the Bidder’s name and return address, as well as the project number on the envelope for the Bid Form,

(b) complete and fully execute the Bid Form supplied in all respects with appropriate documents and all requisite information,

(c) complete and fully execute Section – 00383 Work Performance & Qualification in all respects and include in the Bid Form envelope, and

(d) complete and fully execute Section – 00900 Contractor Compliance Statement in all respects and include in the Bid Form envelope, and

(e) provide the Bid Security as specified in Section - 00100 Instructions to Bidders.

(f) must price the work as specified as post tender price adjustments will not be approved.

(g) the contractor may provide a sample window/ and or door and shop drawings prior to the bid submission for approval as an acceptable alternative to the products listed. If the product is accepted by LMHC at their sole discretion, then the bid may be based on the approved product.

7.3 The Tender and any amendments thereto may not be submitted by

telecommunications which include but are not limited to telex, telegram and telephone transmission of facsimiles.

7.4 The Bidder must observe carefully all requirements and conditions of the

tender documents submitted pursuant to this part 1.0. PART 8 - BID SECURITY 8.1 Bid Security may be provided in any one of the following: a Bid Bond in the

form attached hereto from a Surety acceptable to LMHC, a Certified Cheque, a Bank Draft or an Irrevocable Letter of Credit (not a Letter of Guarantee) in favor of LMHC in the amount stipulated in 8.2 below, valid for a period of 60 days from the date of tender closing unless otherwise stipulated in the Bid Form.


8.2 Bid Security amount for this project / Tender Package is: $5,000.00. PART 9 - ACCEPTANCE OR REJECTION OF TENDERS 9.1 Under no circumstances will LMHC consider a Tender which is:

(a) not received at the address given in the Invitation to Tender, within the time prescribed therein,

(b) not properly signed, or

(c) not accompanied by the Bid Security required. 9.2 LMHC has the unqualified right to:

(a) accept or reject any Tender or all Tenders, and

(b) waive the formalities in any Tender documents as the interest of LMHC may require, without giving any reasons for any such action.

9.3 LMHC is not obliged to accept any Tender because it is the lowest tender submitted.

9.4 When and where applicable, LMHC has the right to award the tender as one

contract to a single contractor or split the work into multiple contracts to multiple contractors.

PART 10 - EXAMINATION OF THE SITE, SPECIFICATIONS & DRAWINGS 10.1 Before submitting a Tender the Bidder must carefully examine the site of the

proposed work, evaluate the existing conditions and limitations and include the amounts in the tender to cover the cost of all items required to be done to fulfill the Contract.

10.2 The Bidder must report any discrepancy between site conditions and the

specifications and drawings, errors or omissions to LMHC not less than three (3) working days prior to the tender closing date.


10.3 If the Bidder fails to report any discrepancies, errors or omissions to LMHC as

specified in section 4.2, the Bidder will be deemed to have accepted all such specifications and drawings as being accurate and LMHC will not approve any extra charges subsequent to acceptance of the Tender.

PART 11 - QUALIFICATION INFORMATION 11.1 LMHC reserves the right to require any Bidder to submit qualification

information prior to the award of the Contract which shall include the submission of evidence of the capability of the Bidder to carry out and to maintain properly the work and the equipment, together with details of the qualifications of the Bidder’s staff that may be employed in the execution of the Contract.

11.2 LMHC reserves the right of interpretation of qualification information and any

decisions made by LMHC based upon its findings which may affect the award of the contract shall be final.

11.3 LMHC reserves the right to give preference to materials, products and

equipment:

(a) of Canadian origin and manufacture,

(b) which can demonstrate environmental benefit,

(c) which are energy efficient. 11.4 Under the Designated Jurisdiction policy LMHC is not permitted to award a

contract to a person who is a resident in a designated Jurisdiction. Such a person is not Eligible and will be disqualified from this Tender. See Part 1 – General Requirements for Definitions of Designated Jurisdiction(s).

11.5 The Bidder must provide the following information in respect to themselves

and any subcontractor:

(a) in the case of an individual or sole proprietor, whether his/her principal residence is in the Designated Jurisdiction,

(b) in the case of a corporation, whether the corporation’s head office or registered office(s) is/are in a Designated Jurisdiction or whether any person who controls the corporation is a resident in a Designated Jurisdiction, and


(c) in the case of a partnership, whether the principal residence of any of the individual partners is within the Designated Jurisdiction or whether the head office or any registered office(s) of partners that are corporations is/are within a Designated Jurisdiction.

11.6 If any Contract is awarded under the Tender:

(a) provide, represent and warrant that neither the Contractor nor any Subcontractors are persons who are resident in a Designated Jurisdiction,

(b) acknowledge that any subcontractors not identified in the Bid following the award of the Contract will be subject to the approval of LMHC, and

(c) acknowledge that any material misrepresentation or breach of clause (a) will be grounds for termination of the contract.

PART 12 - TAXES & DUTIES 12.1 The Bidder must make provision in his tender to cover the full cost of Federal,

Provincial and Municipal Taxes, Permits and Fees.Part 13 - Freedom of Information & Protection of Privacy Act 1987

13.1 The Bid and any information related thereto is subject to the freedom of

information and Privacy Act, 1987. 13.2 Any property or confidential information of the Bidder should be identified as

such and the desired treatment of the information stated. PART 14 - AWARD OF CONTRACT 14.1 When a Tender is called for more than one project, a contract may be

awarded on the basis of any one or designated group of projects but not all, listed in the Schedule of Work.

14.2 LMHC has up to 60 days after the date of Tender closing to notify the Bidder

that his Tender is accepted.


14.3 The Contract shall be deemed to be awarded on the date that LMHC advises

the Bidder in writing of such award. 14.4 LMHC has the right to terminate the contract or retain the Bidder’s Bid

Security and in addition may take such further action as deemed advisable to recover any damages suffered by LMHC should the Bidder decide to:

• alter or withdraw his tender after the closing date, • not provide performance security or other pertinent documents within the

time specified by LMHC. 14.5 If there is any discrepancy in the Bid Form or documents submitted by the

Bidder, between any amount shown in writing and in figures, LMHC may choose to accept the amount shown in writing or to reject the tender.

14.6 If a contract is awarded, the following documents will all form part of the

Contract: - Instructions to Bidders - Supplementary Instructions to Bidders - General Conditions - Bid Form - Contractors Compliance Statement - Specifications with Appendices and Addenda - Schedules - Drawings - Award Letter - Purchase Order

PART 15 – SITE CONDITIONS 15.1 LMHC is advising all contractors of the potential existence of Bioharzardous

Materials, and/or insect pests including but not limited to bed bugs, roaches, ants etc. on all LMHC properties. Contractors are responsible for taking all required personal protective measures when working under the above conditions.


PART 16 - SCOPE OF WORK 16.1 The work contained within these documents can generally be described

as the pruning, crowning and removal of dead or unsafe and unhealthy trees as indicated in the attached report.

16.2 Breakdown: • 291 Tags were installed to the trees on site

• 2 trees were inaccessible • 9 notes were taken for trees two small to be tagged, or for trees on neighboring

properties. • Most trees required some form of pruning. Please consult the charts below for

total numbers. Some trees were recommended for multiple types of pruning (ex Crown Raising and Clearing from Buildings), therefore the total pruning counts will be higher than the total number of trees recommended for pruning.

• 297 trees require some kind of arboriculture work (Removal or Pruning) • 36 trees require removal and stump grinding

PART 16 - SCOPE OF WORK(CON,T) 16.2 Breakdown

• 1 tree should be monitored-it had lost its leaves very early and is likely dead/very poor condition.

• Norway Maples in particular are suffering from disease. • Many lights required clearing. • Multiple yards contained suckers/sprouts under 5 cm/dbh. These are to be

removed. • Pathways behind Unites 26-35, 66-76, and 77-82 should be cleared to the fence

line. • Where work on neighbor’s trees is required, it is recommended they are

informed before proceeding. 16.3 Arboriculture Prescription Number of times recommended:

• Clear 8 ft from buildings 149 • Prune for line of sight to street light 39 Thin for visibility? 7 • Raise/Elevate Crown (3-3.5 m, 10-12 ft) 171 • Prune Hazards or Deadwood over 2' 163


• Removal 36 For specific data collected for each tree please refer to the Tree Data Sheet in

Recommendations. 16.4 Pruning standards and priorities Generally, trees are pruned according to the priorities listed below; 1. Safety Removal of poor quality or hazardous trees and limbs that could cause injury to persons or damage to property. This also applies to branches near hydro lines and to roots causing tripping hazards. 2. Clearance directing tree parts away from lighting fixtures, poles and utility lines, buildings, roofs, fire hydrants. Raising crowns above pedestrian areas, parking, and roadways. 3. Tree Health Removal of dead, decaying, infested or diseased tree limbs. 4. Tree Structure Selective pruning of branches to encourage development of a structurally sound tree. 5. Aesthetics Pruning of branches to create a visually pleasing form. 16.5 Pruning (Standard Practices: Pruning shall conform to specifications written in accordance with the techniques and standards in the current edition of ANSI A300 (Part 1) Pruning (Standard Practices for Tree, Shrub and Other Woody Plant Maintenance and in a manner consistent with current ISA Best Management Practices. 16.6 Pruning Arborists adhering to the ANSI A300 pruning standard will not: • leave branch stubs not pruned to branch collar • cut off the branch collar (not make a flush cut) • make unnecessary heading cuts • top or lion’s tail trees • remove more than 25 percent of the foliage of a single branch • remove more than 25 percent of the total tree foliage in a single growing season • damage other parts of the tree during pruning • use wound paint • prune without a good reason • climb the tree with climbing spikes unless removing tree


16.7 Protected Trees: Tree Protection Areas and Distinctive Trees Trees in London are protected under the London tree bylaw 2016 (C.P. 1515 (a) 270) (https://www.london.ca/city-hall/by-laws/Pages/Tree-Protection-By-law-.aspx). All trees of any size are protected in identified Protected areas, identifiable in Areas 1-20, and Distinctive trees which are trees of 50cm+DBH are protected outside of the Protected Areas. The trees on this property are not within a Tree Protection Area (Area D1) Trees requiring permits for removal - Tree # Photo #

Species DBH Reason – including Condition rating

283 9 Crack Willow 55 Fair Condition. Tree prone to failure.

High traffic area. Overcrowding-removal will allow more light, this is the poorest value tree in the area.

*** End of Instruction to Bidders *****

LMHC –Tree Removal and Pruning Bid Form Project #: 2018-0003-1481 Section: 00310 2018 10 18 Page 1 of 3

BID FOR: Project #: 2018-0003-1481 LMHC –Tree Removal and Pruning at

1481 Limberlost Road, London, ON SUBMITTED BY: NAME:

ADDRESS:

PHONE: FAX: TO: Norman Turner Director, Assets Management London & Middlesex Housing Corporation 1299 Oxford Street East, Unit 5C5 London, ON N5Y 4W5 We agree to furnish all labour, materials, services and equipment necessary for this project in accordance with the terms and conditions stated in the Tender Documents prepared by London & Middlesex Housing Corporation (LMHC) for the following stipulated sum: Labour /Equipment $_________________________________________ HST: $_________________________________________ Total Cost: $_________________________________________

Total Cost:(including stump grinding)

/ 100 DOLLARS (in writing)

(affix Bidders Seal)

Signing Officer:

Name:

(Signature) (Print)

Title:

Date:


Bids shall remain open to acceptance for a period of thirty (30) days after the bid closing date. Addendum(s) The following addenda have been included in this Bid (enumerate all agenda by number):

Addendum #

PART 1 - TIME 1.1 We agree to complete the work to all of the trees as indicated in the report

provided by: 1.2 Estimated time required for 1.1_____________________ 1.3 To commence part 1.1 of the project in calendar days after the

authorization to proceed. 1.4 To complete the total project in calendar days. PART 2 – PRICING & SUBCONTRACTORS 2.1 If our Bid is accepted, it is our intention to employ the following

Subcontractors in accordance with G.C. Part 6 & 25 – Payment & Warranty.

All portions of the work other than identified Subcontractors below will be executed by us with our own workmen.

2.2 Stump Grinding $_______________Sub-contractor _____________________ PART 3 – UNIT PRICES 3.1 The following unit prices will be taken into consideration during Tender

analysis.


3.2 The unit prices quoted for extra work and for less work than specified are

given below. All prices include overhead and profit and all other charges of the Contractor, and represent the actual cost. The adjustment to the contract sum shall be based on the net quantity difference from the original quantity.

3.3 Separate Price: To provide labour and equipment for the following services on a per tree cost. Tree Removal: $ _________________________________________ Stump Grinding: $__________________________________________


LMHC –Tree Removal and Pruning Work Performance & Qualification Project #: 2018-0003-1481 Section: 00383 2018 10 18 Page 1 of 8

Table of Contents

Part 1 – General Requirements ............................................................... 2

Part 2 – Communications ........................................................................ 2

Part 3 – Business Reference .................................................................... 2

Part 4 – Bank Reference .......................................................................... 3

Part 5 – Conflict of Interest ..................................................................... 3

Part 6 – Insurance ................................................................................... 4

Part 7 – Vehicles & Stock ........................................................................ 4

Part 8 – Licenses, Certificates & Miscellaneous ...................................... 5 8.1 Licenses....................................................................................................................... 5 8.2 Certificates .................................................................................................................. 5 8.3 WHMIS – Material Safety Data Sheets ..................................................................... 6 8.4 Fall Arrest Documents/ Certificates ......................................................................... 7


PART 1 – GENERAL REQUIREMENTS 1.1 Refer to Section 00710 – General Conditions. PART 2 – COMMUNICATIONS 2.1 The Contractor can be reached as follows:

Company Name:

Business #:

Cell Phone #:

Emergency After Hours #:

Fax #:

E-Mail Address:

Others (please specify): PART 3 – BUSINESS REFERENCE 3.1 Reference must be from persons or companies for whom you have performed

work within the last 24 months. Also, reference must be for work of the same nature as that called for in the agreement.

3.2 Private Sector

Name: Company: Phone:

Name: Company: Phone:


Approximate Dollar Value of Work Performed Last Year $ 3.3 Public Sector If you have performed work for LMHC within the past 24 months, they must

be used as one of your references. Failure to do so may be cause for disqualification

Name: Company: Phone: Name: Company: Phone: Approximate Dollar Value of Work Performed Last Year $

PART 4 – BANK REFERENCE 4.1 Name:

Branch: Address: Phone:

4.2 Does your company have a line of credit with the bank noted above?

Yes Line of Credit Amount $ No

PART 5 – CONFLICT OF INTEREST


5.1 In submitting this agreement, I/We certify that, I/We have a financial interest

in other firms, businesses, or enterprises which either presently, or in the past, are or have rendered goods to London & Middlesex Housing Corporation or which are also bidding on the present job.

YES NO 1

Signature: 1 5.2 If "YES" (applies to above declaration), please list below firms, businesses or

enterprises in which a financial interest is held.

PART 6 – INSURANCE

6.1 Insurance Policy Number:

Amount of Public Liability: $2,000,000 (minimum)

Amount of Property Damage Insurance: $2,000,000 (minimum)

Insurance Company:

Length of Time with Present Company: PART 7 – VEHICLES & STOCK 7.1 No. of completely equipped service vehicles . 7.2 List other types of specific vehicles with special or motorized equipment (for

reference purposes only).

7.3 Approximate Value of Stock on Hand $


PART 8 – LICENSES, CERTIFICATES & MISCELLANEOUS 8.1 LICENSES 8.1.1 London and/or other municipality Contractor's/Business License:

Municipality Municipal License Issued To

8.1.2 Identify the number of employees on staff ___________.

A) Full time employees (37 ½ hrs./wk.) ___________.

B) Part-time employees __________; average hours/week ______________. 8.2 CERTIFICATES 8.2.1 Due to the nature of the work required in this agreement, it is recommended

that the Contractor have at least one (1) employee on staff trained in First Aid and Workplace Hazardous Materials Information System (WHMIS).


8.2.2 Should the Contractor have no employee who is trained in First Aid and

WHMIS, the Contractor shall have four (4) months to obtain certificates. Failure to do so will be cause to terminate this agreement with the Contractor.

8.2.3 A) First Aid Training

Employee Name Certificate # Expiry Date

8.3 WHMIS – MATERIAL SAFETY DATA SHEETS 8.3.1 The Contractor shall issue to the Property Services Manager (refer to Section

00880 for related properties) for review, Material Safety Data Sheets for all products used in/on LMHC properties.

8.3.2 All new products will be subject to Property Services Managers' review before

using products. 8.3.3 LMHC reserves the right to approve or reject any product it deems

inappropriate for use in/on LMHC properties.

B) WHMIS



8.4 FALL ARREST DOCUMENTS/ CERTIFICATES 8.4.1 The Contractor shall issue to the Construction Manager for review, a current

list showing the certification for fall arrest training of all employees working on the LMHC Property.

8.4.2 The Construction Manager shall have the authority as a Certified Inspector of

Fall Arrest Equipment to inspect and refuse the use of fall arrest equipment that fails the inspection. A list showing the last inspection date of the fall arrest equipment may also be required before use on the site is permitted.

8.4.3 LMHC reserves the right to approve or reject any product it deems

inappropriate for use in/on LMHC properties.

C) Fall Arrest


8.4.4 Arborist Certified Employees



84.5 Chain Saw Safety Training Certifications


**** End of Section *****

LMHC –Tree Removal and Pruning Bid Bond Project #: 2018-0003-1481 Section: 00600 2018 10 18 Page 1 of 2

SAMPLE ONLY Bond No. LMHC Project No. 2018-0003-1481 Amount $ Know All Men By These Presents, that As Principal, hereinafter called the Principal, and as Surety, hereinafter called the Surety, are held and firmly bound unto London & Middlesex Housing Corporation as Obligee, in the amount of

Dollars ($ ) lawful money of Canada, for the payment of which sum, well and truly to be made, the Principal and the Surety bid themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Whereas, the Principal has submitted a written proposal, (or tender) to the Obligee dated the day of , 2018, for Now Therefore The Condition Of This Obligation in such that is the aforesaid Principal shall have the tender accepted within sixty (60) days from the closing date of the Call for Tenders and the said Principal will, within such reasonable time as may be allowed after notice of such acceptance, enter into a formal contract and give a good and sufficient bond to secure the performance of the terms and conditions of the contract, then this obligation shall be null and void; otherwise the Principal and Surety will pay unto the Obligee the difference in money between the amount of the Bid of the said Principal and amount for which the Obligee Legally contracts with another part to perform the work if the latter amount be in excess of the former.

LMHC –Tree Removal and Pruning Bid Bond Project #: 2018-0003-1481 Section: 00600 2018 10 18 Page 2 of 2

The Surety shall not be liable for a greater sum than the specified penalty of this Bond. Any suit under this Bond must be instituted before the expiration of six (6) months from the date of this Bond. In Testimony Whereof, the Principal has hereunto set its hand and affixed its seal, and the Surety has caused these presents to be sealed with its corporate seal duly attested by the signatures of its duly authorized officers, this day of , 2018. Signed, Sealed and Delivered In the Presence of: _______________________________________

Principal _______________________________________

Surety

***** END of SECTION *****

LMHC –Tree Removal and Pruning Performance Bond Project #: 2018-0003-1481 Section: 00610 2018 10 18 Page 1 of 1

SAMPLE ONLY – REQUIRED UPON AWARD OF CONTRACT Bid No. LMHC Project No. 2018-0003-1481 Amount $ Contract Know All Men By These Presents, that we hereinafter called “the Principal”, and hereinafter called “the Surety”, are jointly and severally held and firmly bound unto the London & Middlesex Housing Corporation hereinafter called “the Obligee”, its successors and assigns, in the sum of

Dollars ($ ) of lawful money of Canada, to be paid unto the Obligee, for which payment well and truly to be made we the Principal and Surety jointly and severally bind ourselves, our and each of our respective heirs, executors, administrators, successors and assigns by these presents. Signed and Sealed with our respective seals and dated this day of , 2018. Whereas by an agreement in writing dated the day of , 2018. The Principal has entered into a contract with the Obligee, hereinafter called “the Contract”, for the construction, alteration, repair or maintenance of a public work, namely as in the Contract provided, which Contract is by reference herein made a part hereof as fully to all intents and purposes as though recited in full herein.

***** END of SECTION *****

LMHC –Tree Removal and Pruning General Conditions Tender #: 2018-0003-1481 Section: 00710 2018 10 18 Page 1 of 42

Table of Contents

Part 1 – General Requirements ............................................................... 4 1.1 Definitions, Precedence Of Documents & Interpretation ...................................... 4 1.2 Performance Security ................................................................................................. 9 1.3 Agreement / Contract Period / Hours of Work .................................................... 10

Part 2 – Governing Regulations ............................................................ 11 2.1 Law, Notices, Permits & Fees .................................................................................. 11

Part 3 – Procedural Requirements ........................................................ 11 3.0 Award Letter, Purchase Order & work Order Contracts ....................................... 12 3.1 Site Meetings ........................................................................................................... 12 3.2 Commencement Of Work ....................................................................................... 12 3.3 Completion Date or BRD (Building Ready Date) .................................................. 12 3.4 Co-operation ............................................................................................................ 12 3.5 Superintendent ........................................................................................................ 12 3.6 Use Of Site Facilities ................................................................................................ 13 3.7 Interference .............................................................................................................. 14 3.8 Protection of Work and Property ............................................................................ 14 3.9 Clean-Up ................................................................................................................... 14 3.10 Underground & Concealed Services ...................................................................... 15 3.11 Powder Actuated Fastening Tools ......................................................................... 15 3.12 Fire Protection .......................................................................................................... 15 3.13 Cutting & Patching .................................................................................................. 16 3.14 Minimum Truck Haul Rates ..................................................................................... 16 3.15 Site ............................................................................................................................ 16 3.16 Examination of the Work (Site Inspections) .......................................................... 17 3.17 Loss or Damage to Material or Equipment ........................................................... 17 3.18 Emergency ................................................................................................................ 18

Part 4 – Adherence To Drawings & Specifications ............................... 18 4.1 Materials & Workmanship – Acceptability ............................................................. 18 4.2 Deviations ................................................................................................................. 19 4.3 Changes In Work ...................................................................................................... 19 4.4 Valuation Of Changes In Work ............................................................................... 19 4.5 Samples Of Materials, Testing Of Materials .......................................................... 20 4.6 Performance Tests ................................................................................................... 20 4.7 Record Drawings and Specifications on the Work ................................................ 20 4.8 Toxic & Hazardous Substances ............................................................................... 20 4.9 Shop Drawings ......................................................................................................... 21


Part 5 – Sub-Contactors ........................................................................ 22

Part 6 – Application for Payment .......................................................... 23 6.1 Payment & Holdbacks ............................................................................................. 23 6.2 Reserved ................................................................................................................... 24 6.3 Taxes ......................................................................................................................... 24 6.4 No Additional Payment For Increased Costs ........................................................ 24

Part 7 –Contract Documents ................................................................. 25 7.1 Intent of the document ........................................................................................... 25 7.1.0 Interpretation ........................................................................................................... 25 7.2 Detailed Drawings and Additional Instructions..................................................... 26 7.3 Copies Furnished ..................................................................................................... 26 7.4 Labour & Progress Schedule ................................................................................... 26 7.4.1 Labour ....................................................................................................................... 26 7.4.2 Schedule ................................................................................................................... 27 7.5 Contractors Responsibility ...................................................................................... 28 7.6 Relationship of Contractor and Sub-contractors................................................... 28 7.7 Performance evaluation ........................................................................................... 28

Part 8 – Insurance ................................................................................. 29

Part 9 – Indemnification Claims ............................................................ 29

Part 10 – Workplace Safety & Insurance Board (WSIB) ......................... 30 10.1 Requirements ........................................................................................................... 30

Part 11 – Asbestos - Not Applicable .................................................... 30

Part 12 – Assignment of Contract or proceeds of Contract ................. 30

Part 13 – Taking the Work Out of the Contractor’s Hands ................... 30

Part 14 – Delays .................................................................................... 32

Part 15 – LMHC’s Right to do Work ...................................................... 32

Part 16 – LMHC’s Right to Terminate the Contract– ............................ 32

Part 17 – LMHC’s Right to Suspend the Work– .................................... 34

Part 18 –Access to the Work ................................................................. 34

Part 19 –Settlement of Disputes ........................................................... 34


Part 20 – Project records ....................................................................... 35

Part 21 –Residential Tenancies Act ....................................................... 36

Part 22 – Ontario Labour Conditions, Construction Lien Claims .......... 36

Part 23 – Certificate of Substantial Performance .................................. 36

Part 24 – Certificate of Total Completion ............................................. 39

Part 25 – Warranties .............................................................................. 40

Part 26 – Cash Allowance ..................................................................... 41

Part 27 – Remedy For Delay ................................................................. 41

Part 28 – Correction After Completion ................................................. 42


PART 1 – GENERAL REQUIREMENTS 1.1 DEFINITIONS, PRECEDENCE OF DOCUMENTS & INTERPRETATION 1.1.0 Whenever any of the following words or phrases are used in the Contract they

have the meanings respectively attributed to them as follows: 1.1.1 “Alternate Price” means, a price for a particular product, item or unit of work

in lieu of a specified product, item or unit of work. The net difference in cost is to be either added or deducted from the tender amount, if accepted by LMHC. See Appendix “B” of the Tender Submission

1.1.2 "Approved Equal" means products submitted and approved by LMHC or

LMHC’s Designee prior to their installation. 1.1.3 "Authority" means Inspection Authority delegated by the Chief Executive

Officer to represent London & Middlesex Housing Corporation on the job site during the Agreement period.

1.1.4 "Building Code" means the latest edition of the Ontario Building Code. 1.1.5 “Base Bid Price” means, the lump sum price quoted on the Tender

Submission Form, inclusive of value added taxes, which is based on the specified products, methods and execution and does not include any other price.

1.1.6 “Bid Document” mean the tender issued by LMHC for the work, and any

addendum thereto. 1.1.7 “Tender Form and/or Bid Form” means the Bid of the Contractor submitted

in response to the Bid/Tender Documents. 1.1.8 “BRD (Building Ready Date)” The BRD date is the last date the work must

be completed by. 1.1.9 “Change Order(s)” means a written amendment to the Contract prepared

by LMHC or its Designee and signed by LMHC and the Contractor. 1.1.10 "Executive Director" means representative of London & Middlesex Housing

Corporation having jurisdiction over construction maintenance interpretation associated with any part of the work.

1.1.11 "Contractor" or a pronoun in place thereof means the person or persons or

corporation, who have undertaken to carry out the work, pursuant to the Contract Documents.


1.1.12 “Other Contractor” means any person, firm or corporation employed by or

having a contract directly or indirectly with LMHC otherwise than through the Contract Documents.

1.1.13 “Sub-Contractor” includes any person, firm or corporation having a contract

with the Contractor for the execution of a part of or parts of the Work included in the Contract Documents. An person, firm or corporation furnishing material called for in the Contract Documents and worked to a special design according to the Contract Documents but does not include one who merely furnishes materials not so worked may also be considered a Sub Contractor.

1.1.14 “Contract” means the Contract Documents referred to in the Agreement. 1.1.15 “Controlled” has the same meaning as in subsection 1(5) of the Business

Corporation Act. 1.1.16 “Completion” means for the purpose of this Act, a contract shall be deemed

to be completed and services or materials shall be deemed to be last supplied to the improvement when the price of completion, correction of a known defect or last supply is not more than the lesser of,

(a) one (1) percent of the contract price; and

(b) $1,000 1983, c.6,s.2. 1.1.17 “Day” means calendar day and “Working Day” means days other than

Saturdays, Sundays, and holidays which are observed by the construction industry in the area of the work.

1.1.18 “Designated Jurisdiction” means a Canadian Province or territory other

than Ontario that is designated by the Management Board of Cabinet, on the recommendation of the Ministry of Labour – as of the date of this Tender, there are no Designated Jurisdictions.

1.1.19 “Drawings” mean the drawings for this project. 1.1.20 "Emergency Work" means repairs or services required immediately because

of life safety, health hazard and/or severe financial loss are at stake. This work must be started within two (2) hours of verbal issuance of the Work Order (when applicable) and continue until the emergency conditions have been removed. In this type of work, partial and/or temporary repairs may be desirable and the extent of the work must be approved by LMHC before abnormal amounts of money are expended.


1.1.21 "LMHC" Whenever the terms, words or initials “London & Middlesex

Housing Corporation”, “London Housing” or “LMHC”, or like terms, are used in the contract, they shall mean London & Middlesex Housing Corporation.

1.1.22 “LMHC Designee” means the person named as such in the Agreement

(Consultant, LMHC Director, Assets & Property Services, Property Services Manager or other). In the case of the termination of employment or engagement of LMHC Designee, LMHC shall appoint a Designee whose status under the Contract shall be that of the former Designee.

1.1.23 "Normal Work" means all the maintenance or service work required on a day

to day basis and requisitioned without urgent time limits by LMHC. This work must commence within forty-eight (48) hours of verbal issuance of the Work Order and continue expediently until completed.

1.1.24 “Person who is resident in a Designated Jurisdiction” means:

(i) in the case of an individual or sole proprietor, a person who is ordinarily resident in that jurisdiction;

(ii) in the case of a corporation;

(A) a person whose head office or registered office is located in that jurisdiction; or

(B) a person controlled by a person described in sub-clause (A):

(iii) in the case of a partnership, a partnership that includes at least one partner who is resident in that jurisdiction under clause (i) or (ii).

1.1.25 “Project” means the total construction contemplated in Article A-1 of the

Agreement of which the “Work” may be the whole or part. 1.1.26 "Provide" means supply and install. 1.1.27 “Samples” mean physical examples furnished by the Contractor to illustrate

materials, equipment, quality of performance, or component parts to establish minimum standards for Work. Samples include models and templates.

1.1.28 “Schedules” mean Materials, Finishes and Equipment Schedules with

supplementary details, notes and lists contained within or appended to Drawings and/or Specifications.

1.1.29 “Site” means the area defined on the Drawings or in the Specifications as the

location of the Work.


1.1.30 “Specifications” mean the specifications for this Project, as described in

Article A-1. 1.1.31 “Substantial Performance” means the Work shall be deemed substantially

performed in accordance with the Construction Lien Act, R.S.O. 1990, Chap.C.30 as amended when the Work is:

(a) ready for use or is being used for the purpose intended: and so certified

by LMHC Designee (b) capable of completion or, correction where there is a known defect, at a

cost of not more than: (i) 3% of the first $500,000 of the Contract Sum; (ii) 2% of the next $500,000 of the Contract Sum; and (iii) 1% of the balance of the Contract Sum. Substantial Performance is further described in G.C. 40. 1.1.32 For the purpose of this act, a contract is substantially performed:

(a) when the improvement to be made under that contract or a substantial part thereof is ready for use or being used for the purposes intended; and

(b) when the improvement to be made under the contract is capable of completion or, where there is a known defect, correction, at a cost not more than,

(i) three (3) percent of the first $500,000 of the contract price,

(ii) two (2) percent of the next $500,000 of the contract price, and

(iii) one (1) percent of the balance of the contract price. 1.1.33 “Supplier(s)” mean a person or entity having a direct contract with the

Contractor to supply products not worked to special design. 1.1.34 “Tender” means any bid, tender or proposal submitted by a bidder pursuant

to the Instructions to bidders; 1.1.35 “Total Completion” means this Contract shall be deemed totally completed

and services or materials shall be deemed to be last supplied to the improvement when the price of completion, correction of known defects or last supply is not more than the lesser of:

(a) 1 percent (1%) of the Contract Sum; and (b) $1,000


1.1.36 "Tradesmen" means fully qualified personnel in their respective trades and

in possession of a certificate of qualification or an apprenticeship card, issued by the Province of Ontario, which shall be displayed to representatives of LMHC upon request.

1.1.37 “Work” includes, subject only to any express stipulation in the Contract

Documents to the contrary, everything that is necessary to be done, furnished or delivered by the Contractor, and by those for whom the Contractor is responsible, to perform the Contract. Without limiting the generality of the foregoing, Work can include demolition, off-site work and any other work required by the Contract Documents.

1.1.38 "W.O. or Work Order" means this is a contractual document used to confirm to the contractors the verbal orders given to them by LMHC.

1.1.39 Where LMHC and the Contractor agree not to complete the improvement

expeditiously, the price of the services or materials remaining to be supplied and required to complete the improvement shall be deducted from the contract price in determining substantial performance.

1.1.40 Whenever the terms or initials “Housing Corporation”, “Local Housing

Corporation”, or “LHC” or a specifically named housing corporation are used in the Contract, they shall mean the local housing corporation that for the purposes stated in the Contract.

1.1.41 Whenever the words “shall” or “will” are used in the contract, they have the

meanings attributed to them in the Interpretation Act of Ontario. 1.1.42 Whenever words which have well known technical or trade meanings are used

in the Contract, they are used in accordance with such recognized meanings. 1.1.43 The Documents forming the Contract are complementary, and what is

required by any one shall be as binding as if required by all. 1.1.44 The following documents all form part of the Contract:

- Instruction to Bidders - Supplementary Instruction to Bidders - General Conditions - Tender Submission Form (Tender Form/Bid Form) - Contractor Compliance Statement - Specifications with Appendices and Addenda - Schedules - Drawings


- Award Letter - Purchase Order / Work Order Contract - In the event of conflict between documents, the following priorities shall apply:

1.1.45 Documents of later date and or revision shall govern; 1.1.46 when applicable, Supplementary Conditions shall govern over General

Conditions; 1.1.47 General Conditions shall govern over Specifications; 1.1.48 Specifications shall govern over Drawings; 1.1.49 Figured dimensions shown on the Drawings shall govern even though they

may differ from scaled dimensions; 1.1.50 Drawings of larger scale shall govern over those of smaller scale of the same

date. 1.1.51 If at any time before the Work has been completed any question arises as to

whether anything has been done as required by the Contractor, or as to what the Contractor is required by the Contract to do, and, in particular, and without limiting the generality of the foregoing, as to:

1.1.52 The meaning of anything in the Drawings and Specifications; 1.1.53 The meaning to be given to the Drawings and Specifications in case of any

error therein, an omission there from, or an obscurity or discrepancy in their wording or intention;

1.1.54 Whether the quality or quantity of any material or work meets the

requirements of the contract; 1.1.55 Whether the plant, materials or workmen provided by the Contractor for

executing the Work and carrying out the contract are adequate to ensure that the Work will be executed in accordance with the Contract and that the Contract will be carried out in accordance with its terms;

1.1.56 What work or quantity of any kind has been completed by the Contractor; or 1.1.57 The timing and scheduling of the execution of the Work, the question shall

be decided by LMHC. 1.2 PERFORMANCE SECURITY


1.2.1 The Contractor shall provide, at the Contractor’s cost, performance security in

favour of LMHC in order to secure the due and faithful performance of the Contract, which shall be as follows:

1.2.1.1 A Performance Bond issued by a surety Company acceptable to LMHC and in

LMHC’s approved form which is attached hereto and shall be in an amount equal to 50% of the Contract Price;

1.2.1.2 If the Contract price is less than $1,000,000.00, the following alternate forms

of security are acceptable in lieu of such Performance Bond:

(i) an irrevocable letter of credit, bank draft, or certified cheque; or money order or;

(ii) bearer or negotiable bonds of Canada, the Province of Ontario, or the Ontario Hydro Electric Power Commission (Bonds to be assessed at market not face value); or

(iii) such other collateral, excluding a letter of guarantee, as may be acceptable to LMHC;

and in each case, the alternate forms of security shall be equivalent to 20% of the Contract Price for contracts having Contract Price between $100,001 and $1,000,000, and 10% of the Contract Price for contracts having a Contract Price of $100,000 or less.

1.2.2 If the Contractor fails to meet the requirements of this section within seven

(7) Business Days of receipt of the Contractor of the award letter, then LMHC, at its sole option, may terminate the Contract and use the bid security toward damages.

1.2.3 If the security is in the form of a Performance Bond, the document shall be

retained by LMHC for a period of two (2) years from the date on which the last payment under the Contract falls due, after which it will be returned to the Contractor at the Contractor’s request.

If alternate security is provided pursuant to this section it will be returned to

the Contractor ninety (90) days after completion of the Work and the correction of all deficiencies. If deficiencies involve seasonal work that must be postponed, the security shall be reduced to an amount equal to the value of the work which remains to be completed and the balance of the security returned to the Contractor ninety (90) days after all other work is completed.

1.3 AGREEMENT / CONTRACT PERIOD / HOURS OF WORK 1.3.1 All work under this tender should be completed by December 14th , 2018.


1.3.2 Unless otherwise noted, work shall be carried out between the hours of 8:00

a.m. and 4:30 p.m., Monday through Friday, except in cases of emergency work or as directed by LMHC.

PART 2 – GOVERNING REGULATIONS 2.1 LAW, NOTICES, PERMITS & FEES 2.1.1 The by-laws, ordinances and legal requirements, rules, regulations, codes and

orders of the municipality where the building is situated shall apply to the Work.

2.1.2 The Contractor shall obtain all permits, licenses, and certificates and shall pay

all fees required for the performance of the Work. 2.1.3 The Contractor shall give all required notices and comply with all laws,

ordinances, rules, regulations, codes and orders of all authorities having jurisdiction relating to the Work, to the preservation of the public health and construction safety which are or become in force during the performance of the Work.

2.1.4 The Contractor shall not be responsible for verifying that the documents

forming any part of the Contract are in compliance with the applicable laws, ordinances, rules, regulations and codes relating to the Work. If any part of the Contract is at variance therewith, or changes which require modification to the Contract, are made to any of the laws, ordinances, rules, regulations and codes by the authorities having jurisdiction subsequent to the date of tender submission, any resulting change in the cost shall constitute a corresponding change in the Contract Price. The Contractor shall notify LMHC in writing requesting direction immediately of any such variance or change as observed by the Contractor.

2.1.5 If the Contractor fails to notify LMHC in writing and obtain its direction as

required in subsection 2.1.4 and performs any work knowing it to be contrary to any laws, by-laws, ordinances, rules, regulations, codes and orders of any authority having jurisdiction. The Contractor shall be responsible for, and shall correct any violations thereof and shall bear all costs, expense and damages attributable to the Contractor’s failure to comply with the provisions of such laws, by-laws, ordinances, rules, regulations, codes and orders.

PART 3 – PROCEDURAL REQUIREMENTS


3.0 AWARD LETTER, PURCHASE ORDER & WORK ORDER CONTRACTS 3.0.1 LMHC shall issue a letter of award indicating acceptance of the Tender and

award of the Contract to the Contractor and a Purchase Order and or Work Order Contract. This will specify the date of commencement and the BRD (building ready date or completion date) of the Work, contract number (as applicable) and the Contract Price for the Work.

3.1 SITE MEETINGS 3.1.1 After the execution of the Contract, and in consultation with LMHC and or its

Designee, the Contractor shall arrange Site Meetings at regular intervals; notify all concerned parties to attend; and record and issue minutes, in order to ensure proper co-ordination of the Work.

3.2 COMMENCEMENT OF WORK 3.2.1 Upon receipt of the Purchase Order, the contractor shall immediately contact

LMHC or its Designee to arrange prompt commencement of the Work and thereafter the contractor shall continue to carry out work in a diligent manner to completion. The Work shall be completed and full possession thereof given to LMHC within the period in the progress schedule, unless an extension of the time in writing shall be allowed by the LMHC Designee in which case it shall be carried on to completion and full possession given to LMHC within the additional period so allowed.

3.3 COMPLETION DATE OR BRD (BUILDING READY DATE) 3.3.1 The Contractor shall complete the Work within the time specified herein. 3.4 CO-OPERATION 3.4.1 The Contractor shall co-operate with LMHC and or its Designee and arrange

for all work to be expedited with the minimum of inconvenience to all parties, and shall report in writing any difficulties encountered in expediting the Work.

3.5 SUPERINTENDENT


3.5.1 The Contractor shall provide skilful and efficient superintendence to the Work

and until completion shall provide a competent superintendent and any necessary assistants, all to the approval of LMHC and or its Designee.

3.5.2 The Contractor shall upon the written request of LMHC or its Designee,

remove any superintendent who, in the opinion of LMHC or Designee is incompetent or has been performing his/her duties improperly, and shall forthwith designate another superintendent who is acceptable to LMHC or Designee. The Contractor shall not substitute a superintendent without the written consent of LMHC or Designee.

3.5.3 The superintendent shall represent and be in full charge of the operation of

the Contractor in the performance of the Work and be authorized to accept any notice, consent, order, decision or other communication on behalf of the Contractor.

3.6 USE OF SITE FACILITIES 3.6.1 The Contractor shall furnish all labour, materials, equipment, transportation,

storage of tools, trucks and any other incidentals required to perform the Work.

3.6.2 LMHC will not provide storage for the Contractor’s tools. 3.6.3 The Contractor shall provide all sanitation services at the Contractor’s

expense. 3.6.4 LMHC will permit the Contractor to make use of the water at all LMHC sites

and hydro facilities at all apartment building sites. Where the Contractor uses LMHC utilities, the Contractor shall:

3.6.4.1 Make all necessary temporary connections:

(i) at the Contractor’s expense;

(ii) in accordance with all applicable laws, by-laws, ordinances, rules, regulations, codes and orders; and

(iii) under the directions of LMHC; and 3.6.4.2 Remove all such temporary connections on the completion of the Work and

make good all finishes and services to the satisfaction of LMHC.


3.6.5 The Contractor shall assume all liability for and be responsible for loss of or

damage to the Contractor’s materials or equipment and for any materials delivered to the Contractor from whatever source to the site of the Work.

3.7 INTERFERENCE 3.7.1 The Contractor shall maintain normal building operation and traffic flow, with

a minimum of inconvenience to the residents of the project. 3.7.2 The Contractor shall ensure that no essential services such as electric power

and domestic hot water supply are interrupted for more than one (1) continuous hour, and no longer than three (3) consecutive hours for the heating system during the heating season except with the prior written permission of LMHC.

3.7.3 The Contractor shall in every case where an interruption of service is to occur,

make prior arrangements with LMHC. 3.8 PROTECTION OF WORK AND PROPERTY 3.8.1 Until the owner accepts the Work, the Contractor shall: 3.8.1.1 Shall continuously protect the public, the Work, the property and any

property adjacent to the Site, and shall save LMHC and its Designee harmless from damage, injury arising in connection with this Contract. The Contractor shall make good at the Contractor’s own expense any damage, injury or loss to the Work, LMHC, the tenants, property or adjacent property. Provided that he has taken reasonable precaution in respect thereof, the Contractor shall not be responsible for any such damage, injury or loss to the Work which LMHC has agreed to insure or which may be directly caused by LMHC or LMHC’s employees.

3.8.1.2 Protect existing buildings, walls, floors, ceilings, furnishings, equipment, plant materials, lawns and other areas affected by the Work from any damages resulting from performing work on this Contract;

3.8.1.3 Protect and be responsible for all new finished and unfinished work which is

exposed and susceptible to vandalism or theft. 3.9 CLEAN-UP 3.9.1 At the end of each day’s work, the Contractor shall remove: 3.9.1.1 All debris and hazardous impediments from work areas and the site;


3.9.1.2 All equipment and material which is not to be re-used for the Work must be

removed from the site unless stated otherwise in the Contract. 3.10 UNDERGROUND & CONCEALED SERVICES 3.10.1 The Contractor shall be responsible for the protection of all pipes, ducts,

cables, conduits, wires and other services against damage arising from the performance of the Work.

3.10.2 The Contractor shall take all the necessary precautions to locate underground

and concealed services (call locates or other) and to protect them from damage.

3.10.3 The Contractor is responsible for making good to the satisfaction of the

authorities concerned, any damages to services resulting from the Contractor’s performance of the Work, without any additional cost to LMHC.

3.11 POWDER ACTUATED FASTENING TOOLS 3.11.1 The Contractor shall not use high velocity powder actuated fastening tools. 3.11.2 The Contractor may use low velocity powder actuated fastening tools only if

operated by an operator holding a valid operator’s certificate for the device being used.

3.12 FIRE PROTECTION 3.12.1 The Contractor shall take all necessary precautions during the performance of

the Work to prevent the possibility of fire, including the use of fire resistant sheets to protect adjoining areas, when welding, brazing and performing any operations with an open flame, combustible adhesives or inflammable solvents.

3.12.2 The Contractor shall at all times, when welding, brazing and performing any

operations with an open flame, combustible adhesives or inflammable solvents keep a portable fire extinguisher within three (3) meters of the operation.

3.12.3 The Contractor shall ensure that all rags and waste containing oil, grease or

other inflammable materials are stored in an approved metal container and are removed from the site at the end of each day.


3.13 CUTTING & PATCHING 3.13.1 The Contractor shall not undertake any cutting, coring, drilling, grinding or

the like of any portion of the building envelope or structural elements, other than those indicated in the Contract without prior written approval of LMHC or its Designee. In cases where such permission is granted the Contractor, before commencing to cut or drill through any structural member must provide adequate supports and install a structurally acceptable alternate system. It shall be the contractor’s responsibility to engage and pay for the services of a professional Structural Consultant to review any alternate structural support system and issue stamped drawings to LMHC or Designee for review prior to any such work commencing.

3.14 MINIMUM TRUCK HAUL RATES NOT APPLICABLE 3.15 SITE 3.15.1 All Work, except the construction and maintenance of access roads, walks

and services and that part of the Work which is necessarily performed away or off the Site, shall be confined to the established limits of the Site.

3.15.2 Temporary buildings, roads, walks, drainage facilities and services shall be

located in areas approved by the LMHC Designee, and maintained in a clean and orderly manner. All plant, equipment and materials, shall be located after consultation with the LMHC Designee.

3.15.3 The Contractor shall confine any apparatus, the storage of material and the

operations of the workers used in or for the Project, to limits indicated by laws, ordinances, permits or by direction of the LMHC Designee. The Contractor shall not unreasonably encumber the Site with plant, equipment or materials.

3.15.4 The Contractor shall not load or permit to be loaded any part of the Work

with a weight that will endanger the safety of any persons or that of any equipment, structure or item on the Site.

3.15.5 No signs or advertisements other than those approved of or arranged for by

the LMHC Designee shall be erected on or near the Site, and any unauthorized sign, no matter by whom erected, shall be removed by the Contractor.

3.15.6 The Contractor shall at all times keep the Site free from accumulations of

waste material and debris, and at the Total completion of the Work, the contractor shall remove all debris, tools, equipment and surplus materials from


the Site and shall leave the Site clean and suitable for occupancy unless more exactly specified.

3.16 EXAMINATION OF THE WORK (SITE INSPECTIONS) 3.16.1 LMHC and / or the LMHC Designee and any authorities having jurisdiction

shall be entitled to inspect the Work at any time and the Contractor shall provide access to the Work with proper facilities for such inspection.

3.16.2 When testing or approval of the Work is required in accordance with the

Specifications, laws or the ordinances of any public authority, the contractor shall give the LMHC Designee and any authorities involved, reasonable notice (with a minimum of twenty-four (24) hours notice) of the Work’s readiness for inspection and shall arrange the date and time for the inspection. The LMHC Designee will inspect the Work promptly upon receipt of such notification.

3.16.3 When any part of the Work is covered up, without the LMHC Designee’s

approval or consent, the Contractor shall uncover such portion of the Work at the Contractor’s expense if so instructed by the LMHC Designee, and following examination of the Work, the Contractor shall reinstate the examined area at the Contractor’s expense. If upon examination by the LMHC Designee, the uncovered portion of the work fails to be in accordance with the Contract Documents, the Contractor shall pay all costs of testing, correcting, re-examining and reinstating that portion of the Work.

3.16.4. The Contractor shall promptly remove any defective part of the Work that is

rejected by the LMHC Designee for not conforming with the Contract Documents. At the Contractor’s sole expense, the Contractor will promptly reinstate the Work in accordance with the Contract and shall pay the cost of making good any Other Contractor’s work destroyed or damaged by the reinstatement.

3.16.5 LMHC may deduct from the Contract sum the difference in value between the

defective work and that called for by the Contract Documents if, in the opinion of the LMHC Designee, it is not expedient to correct the defective work.

The LMHC Designee shall determine the amount of such deduction. 3.17 LOSS OR DAMAGE TO MATERIAL OR EQUIPMENT 3.17.1 The Contractor shall be solely responsible for loss or damage to the

contractor’s materials or equipment and for any materials delivered to the Contractor from whatever source to the site.


3.18 EMERGENCY 3.18.1 In any emergency, the Contractor shall stop the Work, make changes or order

extra work to ensure the safety or protection of the work or neighbouring property. The cost of the stoppages, changes or extra work will be determined and appointed by LMHC or it’s Designee where appropriate.

PART 4 – ADHERENCE TO DRAWINGS & SPECIFICATIONS 4.1 MATERIALS & WORKMANSHIP – ACCEPTABILITY 4.1.1 The Contractor shall ensure that all materials, products, equipment and

systems are new and listed in the Canadian Construction Materials Centre for, Evaluation Listing or Evaluation Reports. Re-used, refurbished and/or recycled materials shall only be used where specified herein. The Contractor shall give preference to materials, products and equipment of Canadian origin and manufacture, so that materials, plant and equipment supplied for the Work shall have the maximum possible Canadian content.

4.1.2 Materials, plant and equipment where described and named in the

specifications are done so in order to establish the requisite types and quantities. Wherever the words “or approved equal” occur they shall refer too the request for substitute procedures herein described.

4.1.3 Where the material is specified to be re-useable, refurbished and/or recycled,

LMHC or Designee may approve the substitution where the specified material is not available when required, and LMHC or Designee may allow such to be substituted with new materials.

4.1.4 LMHC or its Designee may also approve the substitution of a material or item

of plant and equipment bearing another brand or of other manufacturer, considered by the Contractor to be of equal quality and value to that specified and suitable for the intended purpose.

4.1.5 All such requests for substitution shall be made in writing by the Contractor

to LMHC or its Designee in ample time before material, plant or equipment must be ordered.

4.1.6 The Contractor shall ensure that all work is to be performed by competent

mechanics, skilled in the particular trade. Only first class workmanship will be accepted, not only with regard to safety, efficiency and durability, but also with regard to neatness and accuracy of detail.


4.1.7 The Contractor shall remove all unsatisfactory work and replace it at the

Contractor’s expense to the satisfaction of LMHC and Designee. 4.1.8 If in the opinion of LMHC or its Designee, the contractor is not expedient to

correct defective work or work not done in accordance with the Contract. The LMHC or Designee may deduct from the Contract Price the difference in value between the Work completed and that called for by the contract, the amount of which shall be determined by LMHC or its Designee.

4.2 DEVIATIONS 4.2.1 The Contractor shall not make any deviations from the Drawings and

Specifications without prior written permission from LMHC or its Designee and the Contractor shall correct unauthorized deviations at the Contractor’s expense.

4.3 CHANGES IN WORK 4.3.1 LMHC or its Designee may, at any time before the issuance of the Certificate

of Substantial Performance and without invalidating the Contract may, (via Change Order) order changes by altering, adding to, deducting or altering the Work, with the Contract Price and the completion date being adjusted accordingly.

4.3.2 Additional work shall not completed, or other changes be made to the

Contract without receiving prior written authority (Change Order) from LMHC. 4.3.3 The progress schedule may be extended or reduced by LMHC or Designee,

as a result of the changes. 4.4 Valuation Of Changes In Work 4.4.1 LMHC or its Designee shall determine the method of valuation of any change

in the Work by any one or more of the following methods: 4.4.1.1 By estimate and acceptance in a lump sum; 4.4.1.2 By unit prices; 4.4.1.3 By cost and percentage or by cost and a fixed fee. 4.4.2 In cases of an addition to the Work to be paid for pursuant to clause 4.4.1.3,

the Contractor shall keep and present to LMHC in such form as LMHC may direct a correct account setting out overhead and profit and the net cost of labour and materials, together with vouchers. LMHC shall certify the amount


including a total sum for overhead and profit not to exceed 15% of the net cost of labour and materials.

4.5 SAMPLES OF MATERIALS, TESTING OF MATERIALS 4.5.1 Wherever specified in the Technical Sections of these specifications, the

Contractor shall furnish for the approval of LMHC or whomever LMHC designates such samples of materials, tests, and designs as required from time to time. The Work must be in accordance with the approved samples, test and designs.

4.5.2 The Contractor shall pay all costs for such samples and tests required by the

specifications. If not specified, the cost of such samples and tests shall be authorized as an addition to the Contract Price.

4.5.3 Any inspections or testing required by LMHC, as a result of the defects which

were revealed by inspections or testing carried out in the course of the Contract shall be carried out at the Contractor’s expense.

4.6 PERFORMANCE TESTS 4.6.1 The Contractor shall perform and pay for all tests as required by the

authorities having jurisdiction and as may be required by LMHC to prove that all systems and equipment are performing as designed.

4.7 RECORD DRAWINGS AND SPECIFICATIONS ON THE WORK 4.7.1 The Contractor shall keep on Site and in good condition, and available to

LMHC and its Designee or other representative(s) named by the LMHC Designee, one copy of all Drawings, Specifications, Addenda, Change Orders, Field Test Reports, Work Schedule, Manufacturers’ Instructions, Approved Samples and Reviewed Shop Drawings.

4.7.1.1 When specified, obtain and pay for one set of erasable Mylar sepias; 4.7.1.2 As the job progresses, mark the prints, accurately to indicate all deviations

from the contract drawings; 4.7.1.3 At all time have all white prints available for inspection at the site. 4.8 TOXIC & HAZARDOUS SUBSTANCES


4.8.1 Prior to the Contractor commencing the work, LMHC shall take all reasonable

steps to establish whether or not any toxic or hazardous substances are present at the Place of the Work, and

4.8.1.1 Provide the Contractor with written a report indicating all toxic or hazardous

substances of such findings. 4.8.2 If the Contractor encounters toxic or hazardous substances at the Place of the

Work, or: 4.8.2.1 Has reasonable grounds to believe that toxic or hazardous substances are

present at the place of the work, the Contractor shall: 4.8.2.2 Take all reasonable steps, including stopping the Work to ensure that no

person suffers injury, sickness or death and that no property is injured or destroyed as a result of exposure to the presence of the substances, and immediately report the circumstance to LMHC in writing.

4.9 SHOP DRAWINGS 4.9.1 Shop drawings are drawings, diagrams, illustrations, schedules, performance

charts, brochures, products, and other data which the contractor provides to illustrate details of a portion of the Work.

4.9.2 Provide shop drawings as described in the Contract Documents or as

indicated by LMHC. 4.9.3 The Contractor shall review all shop drawings prior to submission to LMHC or

LMHC Designee or such person so designated by LMHC, to determine and verify all field measurements, construction conditions. Review product requirements: catalogue numbers and similar data and coordinate with requirements of the Work. Stamp date and sign shop drawings. At the time of submission, the Contractor shall notify LMHC in writing of any deviations in the shop drawings from the requirements of the Contract Documents.

4.9.4 The Contractor shall submit shop drawings to LMHC or its Designee with

reasonable promptness and in orderly sequence from award of contract for review or immediately if critical so as not to cause any delay of the Work or the Work of other Contractors. The Contractor and LMHC or its Designee, shall jointly prepare a schedule of dates for submission and return of shop drawings. Shop drawings, which require approval of any legally constituted authority having jurisdiction, shall be submitted to such authority by the Contractor for approval.


4.9.5 The Contractor shall submit shop drawings in the form specified or as

directed by LMHC and or Designee. LMHC and or Designee will review and return shop drawings in accordance with the scheduled agreed upon or otherwise with reasonable promptness so as to cause no delay. LMHC’s or its Designee’s review is for conformity to design concept and for general arrangement only. LMHC’s or its Designee’s review shall not relieve the Contractor of responsibilities for errors and omissions in the shop drawings or for meeting all the requirements of the Contract Documents unless LMHC or Designee expressly notes the acceptance of a deviation on the shop drawings.

4.9.6 The Contractor shall revise and resubmit shop drawings that LMHC or its

Designee rejects as being inconsistent with the Contract Documents. The Contractor shall notify LMHC and or Designee in writing of any revisions to the resubmission other than those required by the Consultant.

PART 5 – SUB-CONTACTORS 5.1 Provide to LMHC, a complete and firm list of the names and addresses of the

Sub-contractors whom the Contractor will use for the Work. The Contractor shall not without written, consent of LMHC or its Designee change a Sub-contractor who has been named as outlined in the Tender Form.

5.2 Where LMHC or its Designee reasonably objects to any Sub-contractor

named by the Contractor, the Contractor shall change such Sub-contractor. Any additional costs relative to the required change shall be borne by LMHC.

5.3 The Contractor shall incorporate all the terms and conditions of the contract

necessary for the purpose of performing the Work pursuant to the Contract into all sub-contract agreements; and upon doing so, the Contractor shall pay when due any of its labourers, Sub-contractors or its suppliers for labour or materials furnished.

5.4 The Contractor shall be fully responsible to LMHC for acts and omissions of

Sub-contractors and suppliers and of persons directly or indirectly employed by them and for the acts and omissions of persons directly employed by the Contractor.

5.5 Nothing contained in the Contract shall create any contractual relationship between any Sub-contractor or supplier and LMHC.

5.6 The Contractor hereby assigns to LMHC all its interest in all Sub-contractors

and purchase orders now existing or hereinafter entered into by the Contractor for performance of any part of the Work. Such assignment to be effected only upon termination of the Contract by LMHC, pursuant to the


Contract, and only as to those Sub-contractors and purchase orders which LMHC elects to assume so as to complete the Work, and exercised upon written notice to the Contractor and Sub-contractors. All Sub-contractors and purchase orders entered into by the Contractor for any part of the Work shall provide that, Sub-contractors and/or purchase orders may be assigned by the Contractor to LMHC exercisable as aforesaid.

PART 6 – APPLICATION FOR PAYMENT 6.1 PAYMENT & HOLDBACKS 6.1.1 For the purpose of the Construction Lien act, 1983, the Payment Certifier shall

be LMHC or any person LMHC may designate from time to time and as required by the Construction Lien Act, 1983, the Payment Certifier shall:

6.1.1.1 Determine and certify substantial performance; and 6.1.1.2 Determine completion. 6.1.2 LMHC will make payments to the Contractor as follows: all invoices shall

contain LMHC’s Project Number. 6.1.2.1 90% of the invoiced amounts submitted by the Contractor to LMHC prior to

substantial performance and not more frequently than monthly for labour, material and services incorporated in the Work to the satisfaction of the Payment Certifier or delivered to the site and supported by such evidence of correctness as the Payment Certifier may require;

6.1.2.2 Ten percent (10%) of the amounts invoiced prior to substantial performance

and held back pursuant to the Construction Lien Act, 1983, within a reasonable time after the expiration of the applicable lien period following the date of publication of the Certificate of Substantial Performance if there are no claims outstanding pursuant to the construction Lien Act, 1983 and if the Work performed is to the satisfaction of the Payment Certifier;

6.1.2.3 Any further amount due under the Contract upon completion of the Contract

to the satisfaction of the Payment Certifier, subject to any holdback for deficiencies and as required by the Construction Lien Act, 1983.

6.1.3 The Contractor shall obtain an inspection certificate for any installation which

is part of the Work from the Federal, Provincial or Municipal authority responsible for the issuance thereof and shall deliver such certification to LMHC before receiving final payment.


6.1.4 Application for Progress Payments: 6.1.4.1 Commencing from the second payment and subsequent payments, except

the final and release of holdback applications, the Contractor shall submit a Statutory Declaration. Statutory Declaration shall be the standard CCA Form 9B.

6.1.4.2 For the release of holdback on work under a subcontract which is 100% completed, the Subcontractor shall submit a Statutory Declaration (CCA from (C), which shall accompany the Contractor’s Statutory Declaration for Progress Payments.

6.1.4.3 Application for statutory holdback the Contractor shall submit a statutory

declaration (CCA Form 9a). 6.1.4.4 The Contractor shall submit to LMHC or designate, the proposed

percentages of work completed, for valuation, prior to formal invoice submission.

6.2 RESERVED 6.3 TAXES 6.3.1 Unless otherwise stated herein, the Contractor shall pay all applicable taxes, customs duties and excise taxes with respect to the Contract. 6.3.2 Any increase or decrease in costs to the Contractor due to change in such taxes, and duties after the date of the bid closing shall increase or decrease the Contract Sum accordingly. 6.3.3 Contractors MUST INCLUDE any amount related to the “Harmonized Sales Tax” (HST), as outlined in the Tender Form in the Contract Sum. 6.3.4 Where an exemption of sales taxes, customs duties or excise taxes is applicable to the Contract by way of the Contractor filing claims for, or obtaining the cooperation of LMHC and the proper authorities in seeking to obtain such refunds, the procedure shall be established in a Supplementary General Condition. 6.3.5 Refunds that are due to LMHC and which have been recovered by the Contractor shall be promptly refunded to LMHC. 6.4 NO ADDITIONAL PAYMENT FOR INCREASED COSTS 6.4.1 The amount payable to the Contractor under the Contract will not be

increased or decreased by reason of any increase or decrease in the cost of the Work brought about by an increase or decrease in the cost of plant


equipment, labour, materials or the wage rates set out and prescribed herein. All changes in the Contract Price shall be recorded and documented by form of an approved Change Order duly signed by the Contractor and LHMC.

PART 7 –CONTRACT DOCUMENTS 7.1 INTENT OF THE DOCUMENT 7.1.0 INTERPRETATION

If any question arises regarding meaning, intent or other matter required by the Contract, the question shall be decided by the LMHC.

7.1.1 The Contract Documents are intended to include all labour and materials

necessary for the proper execution of the Work. However, labour or materials not covered by or properly inferable from any heading or section in the Contract Documents shall not be supplied, unless shown on the Drawings.

7.1.2 Where materials or any part of the Work are described in words or forms which have recognized technical or trade meanings, those technical or trade meanings shall be applied. 7.1.3 During the execution of the Work, the Contractor shall advise the LMHC Designee in writing promptly of: .1 any contradictions, discrepancies or errors found or noted in the Contract Documents. .2 supplementary drawings, details, instructions or directions that are

inconsistent with the intent of the Contract Documents; or .3 any omission, or other fault that becomes evident and which should be

corrected in order that the Work be executed in accordance with good construction practice and the Contract Documents.

7.1.4 After advising the LMHC Designee of such conditions(s), the Contractor shall

not proceed with any further work in the affected areas(s) until the Contractor has received instructions from the LMHC Designee.

7.1.5 Failure by the Contractor to comply with these requirements shall result in the

Contractor being held responsible for any resulting circumstances, conditions and costs.


7.2 DETAILED DRAWINGS AND ADDITIONAL INSTRUCTIONS 7.2.1 The LMHC Designee may issue, as deemed necessary for the execution of

the Work, additional instructions by means of sketches, drawings, samples, models or written instructions. Such additional instructions shall be consistent with the general intent of the Contract Documents. The LMHC Designee may, in such instructions, require changes in the Work, provided that such changes are not inconsistent with the intent of the Contract Documents.

7.2.2 The Contractor shall perform the Work in accordance with such additional

instructions. The Contractor shall not do any additional work, without written instruction from the LMHC Designee.

7.3 COPIES FURNISHED 7.3.1 The contractor shall be responsible for the cost of printing the required

copies of the Plans and Specifications from the electronic copies as supplied by LMHC.

7.4 LABOUR & PROGRESS SCHEDULE 7.4.1 LABOUR 7.4.1.1 All Work shall be executed by workers qualified and skilled in their trades.

Local labour may be employed as far as practicable. The Contractor shall required each worker to produce the Certificate of Apprenticeship or the Certificate of Qualification, issued under The Trades Qualification and Apprenticeship Act, when required by LMHC, for designated trades under the Act and its regulations.

7.4.1.2 The foreperson of each trade engaged for the Work must be able to

comprehend and carry out all instructions issued to him/her and to work in complete co-ordination and co-operation with other trades. Nothing in this provision shall be deemed to give LMHC the right to require the Contractor to terminate the employment of any Contractor employee, agent or representative or sub-contractor employee and is intended only to give LMHC the right to request that the Contractor to discontinue using such person in the provision of the Services, in the best interest of the Client.

7.4.1.3 The Contractor shall at the request of the LMHC Designee remove from the

Work and require any Sub-Contractor to remove from the Work, any persons employed on the Work who, in the opinion of the LMHC Designee, are incompetent or have been conducting themselves improperly and the


Contractor or Sub-Contractor shall permit a person so removed to return to the Site of the Work.

7.4.2 SCHEDULE 7.4.2.1 Within five (5) days following award of the Contract, the Contractor shall

prepare and submit to the satisfaction of the LMHC Designee, a progress schedule for carrying out the Work, which when accepted by the LMHC Designee shall be the “Progress Schedule” for the Work.

7.4.2.2 The purpose of the Progress Schedule is to ensure adequate planning and

execution of the Work and to evaluate the progress of the Work. The Progress Schedule shall indicate the date for starting and completing various aspects of the Work.

7.4.2.3 Time shall be of the essence. The Progress Schedule shall be provided on an

on-going basis in sufficient detail to permit analysis of individual trades, operations and areas of Work within the building.

7.4.2.4 The Progress Schedule shall be in the form of a computer generated critical

path and/or bar chart as stipulated by the LMHC Designee. 7.4.2.5 The Contractor shall provide as many copies of the Progress Schedule as

requested by the LMHC Designee. 7.4.2.6 The Contractor shall provide regular monitoring and updating of the Progress

Schedule, for such intervals as agreed upon by the Contractor and the LMHC Designee.

7.4.2.7 Should the Work fail to progress according to the Progress Schedule, and if in

the opinion of the LMHC Designee the Work cannot be completed within the time stated in the Progress Schedule, or such extension thereof, as may be granted by the LMHC Designee in accordance with Item 7.4.2.7 and 7.4.2.9, the Contractor and/or its Sub-contractor(s) shall work such additional time (including Sundays, Statutory holidays) and shifts over and above the normal hours worked by the applicable trades or hire additional workers as may be required to meet the scheduled completion date, all without additional cost to LMHC.

7.4.2.8 Where Sunday work is essential, the Contractor shall obtain the approval of

the LMHC Designee immediately by telephone or facsimile or telegram and confirm the message by letter giving all particulars.

7.4.2.9 The hours of work, rates of wages paid, the terms of employment and

working conditions shall be in accordance with all applicable legislation,


labour agreements, orders and guidelines issued from time to time by the Ontario Ministry of Labour and other government authorities, and without limiting the generality of the foregoing, that all wages are paid in accordance with Ontario Fair Wage Program Labour Conditions, as amended from time to time. Failure to comply with this provision, shall entitle LMHC, without limiting its other recourses under this Agreement, to terminate this Contract and disqualify the Contractor for future contracts.

7.5 CONTRACTORS RESPONSIBILITY 7.5.1 The Contractor shall provide and pay for all materials, labour, water, tools,

plant, equipment, light, heat and power and other things necessary for the execution of the Work. Both quality of work and materials shall be of requisite types and qualities specified. The care and control of the Work and Site shall be the full responsibility of the Contractor and it shall be the Contractor’s duty to ensure that the Work is performed in a proper manner and as expeditiously as possible.

7.5.2 The Contractor shall have sole responsibility for the design, erection,

operation, maintenance and removal of the temporary structural and other temporary facilities, in locations designated by the LMHC Designee and the design and execution of construction methods required in their use. The Contractor shall engage and pay for registered professional engineering personnel, skilled in the appropriate discipline to perform these functions where required by law, or by the contract Documents and in all cases where such temporary facilities and their method of construction are of such a nature that professional engineering skill is required to produce safe and satisfactory results.

7.6 RELATIONSHIP OF CONTRACTOR AND SUB-CONTRACTORS 7.6.1 Every Sub-Contract entered into by the Contractor shall adopt all of the terms

and conditions of this Contract as far as applicable to the Sub-Contractor’s work.

7.6.2 The Contractor shall require the Sub-Contractors to perform their work in

accordance with the terms and conditions of the Contract Documents. 7.7 PERFORMANCE EVALUATION 7.7.1 LMHC will evaluate the performance of the Contractor during and upon

completion of the Work for the purpose of determining suitability of the Contractor for future Contracts.


PART 8 – INSURANCE 8.1 Contractors must submit with Work Performance & Qualification Section,

a Certificate of Insurance covering Public Liability and Property Insurance for the term of this agreement, including the ninety (90) day guarantee period, in an amount no less than $2,000,000.00. Such Insurance Coverage shall include the Owner (LMHC) as an additional insured; it shall also include Comprehensive General Liability, Contractual Liability, a provision for cross-liability, severability of interest, Personal Injury, and Contingent Liability with respect to Subcontractors and LMHC Designee.

8.2 Without limiting the foregoing, such Insurance coverage shall include

Comprehensive General Liability with respect to the Sub-Contractors. 8.3 Such evidence of Insurance to contain a firm undertaking to give LMHC thirty

(30) days notice prior to any cancellation. PART 9 – INDEMNIFICATION CLAIMS 9.1 The Contractor shall indemnify and save harmless LMHC (the Owner) and its

officers, employees, LMHC Designee and their agents from and against all claims, demands, losses, costs, expenses, damages, actions, suits or proceedings by third parties that arise out of or are attributed to, the Contractor’s, negligence, performance or non-performance of the Contract (hereinafter called “claims), provided such claims are:

.1 attributed to bodily injury, sickness, disease or death, or to injury to or

destruction of tangible property’ and .2 caused by negligent acts or omissions of the Contractor or anyone for whose acts the Contractor may be liable’ and .3 made in writing within period of (six) years from the date of substantial performance of the Work as set out in the Certificate of Substantial Performance of the Work. LMHC expressly waives the right to indemnity for claims other than those stated above.

9.2 LMHC will indemnify and hold harmless the Contractor, the Contractor’s

agents, officers, and employees from and against, demands, losses, expenses, costs, damages, actions, suits, or proceedings arising out of the Contractor’s performance of the Contract which are attributed to a lack of or defect in title or an alleged lack or defect in title to the place of Work


The Contractor expressly waives the right to indemnify for claims other than those stated above.

9.3 LMHC shall not be responsible for any damage or claims of any nature

whatsoever, except if such damage or claims are attributed to gross negligence in carrying out its mandate on behalf of the Corporation.

PART 10 – WORKPLACE SAFETY & INSURANCE BOARD (WSIB) 10.1 REQUIREMENTS Contractors must submit, immediately upon being awarded the Contract and every Ninety (90) days thereafter provide, evidence of compliance with all requirements of the Workplace Safety & Insurance Act, 1997, including payments due there under and prior to final payment under the Contract. No work will be issued until receipt of the Workplace Safety & Insurance Board (WSIB) Certificate of Clearance at the start of the Contract nor during any period thereafter for which a current Certificate is not on file. 10.2 If operating as an independent operator, you must contact Workplace Safety

& Insurance Board (WSIB) and complete a questionnaire to determine your status. 10.3 LMHC reserves the right not to enter into an agreement/contract with any

contractor whose status is anything other than an independent operator. PART 11 – ASBESTOS - NOT APPLICABLE PART 12 – ASSIGNMENT OF CONTRACT OR PROCEEDS OF CONTRACT 12.1 Neither the agreement nor the proceeds thereof shall be assigned or sublet

without the written consent of LMHC's Chief Executive Officer. All work completed under this contract shall be completed by employees of the Contractor assigned the work, paid hourly wages or salary and benefits by the Contractor and does not include individuals or others reassigned the work for lump sum payments or by other contractual agreements.

PART 13 – TAKING THE WORK OUT OF THE CONTRACTOR’S HANDS 13.1 LMHC may, without any further authorization or authority, take all or any part

of the Work out of the Contractor’s hands and may employ such means as it


may see fit to complete the work, including the use of the performance security when applicable, in any of the following cases, namely:

13.1.1 Where the Contractor has made default or has delayed in commencing or in

diligently executing the Work or any portion thereof to the satisfaction of LMHC and LMHC has given notice thereof to the Contractor, and has by such notice required the Contractor to put an end to such default or delay, and such default or delay continues for seven (7) Business Days after such notice was communicated;

13.1.2 Where the Contractor has made default in the completion of the Work, or any

portion thereof, within the 13.1.3 Time limited for such completion by the Contract; 13.1.4 Where the Contractor has committed an act of bankruptcy or has been

declared bankrupt or has made an assignment in bankruptcy; 1.31.5 Where the Contractor has abandoned the Work; 13.1.6 Where the Contractor has made an assignment of the Contract without the

required consent of LMHC; 13.1.7 Where the Contractor has otherwise failed to observe or perform any of the

provisions of the Contract. 13.2 Where the Work or any part thereof has been taken out of the Contractor’s

hands under subsection 13.1, the Contractor shall not, except as provided in subsection 13.3, be entitled to any further payment, including payments then due and payable but not paid and the obligation of LMHC to make payments shall be at an end, and the Contractor shall be liable upon demand of LMHC to pay to LMHC an amount equal to all loss and damage suffered by LMHC by reason of the non-completion of the Work by the Contractor.

13.3 Where the Work or any portion thereof has been taken out of the

Contractor’s hands under subsection 13.1 and that portion is subsequently completed by the Surety, or by LMHC, LMHC shall determine the amount, if any, of the holdback and progress claims of the Contractor unpaid at the time of taking the work out of the Contractor’s hands that in LMHC’s opinion are not required by LMHC for the purposes of the Contract and LMHC may, if it is of the opinion that no financial prejudice to LMHC will result, pay that amount to the Contractor.

13.4 The taking of the Work, or any portion thereof, out of the Contractor’s hands

pursuant to subsection 13.1 does not operate so as to relieve or discharge the Contractor from any obligations under the Contract or imposed upon the


Contractor by law, except the obligation to complete the physical execution of that portion of the Work so taken out of the Contractor’s hands.

PART 14 – DELAYS 14.1 In the event of the completion of the Work being delayed because of fire or an

unusual delay by common carriers or unavoidable casualties or, without limitation to any of the foregoing, by any cause of any kind whatsoever beyond the Contractor’s control, then the time of completion shall be extended for a period of time equal to the time lost due to such delay. It is understood and agreed that the Contractor shall not be entitled to additional compensation by reason of such delay and/or extension.

14.2 If a delay is occasioned by any act or neglect of LMHC, the LMHC Designee or

any Other Contractor or any of their employees or by changes ordered in the Work, then the time of completion shall be extended for such reasonable time as LMHC or its Designee may decide.

14.3 No claim for delay made in respect of Item 14.2 will be allowed unless written

notice thereof is given to the LMHC Designee within seven (7) days of its commencement provided however, that in the case of a continuing delay only one notice need be given.

PART 15 – LMHC’S RIGHT TO DO WORK

15.1 Failure by the Contractor to prosecute the Work properly or to perform any provision of this Contract, will entitle LMHC upon giving five (5) days written notice to the Contractor, to enter and carry out the Work and to deduct the cost thereof from any payment then or thereafter due the Contractor, without prejudice to any other right or LMHC may have. The taking of the Work or any portion thereof out of the Contractor’s hand does not operate so as to relieve or discharge the Contractor from any obligation under the Contract or imposed upon Contractor by law, except the obligation to complete the physical execution of that portion of the Work so taken out of Contractor’s hands. PART 16 – LMHC’S RIGHT TO TERMINATE THE CONTRACT 16.1 LMHC reserves the right to terminate the Contract immediately upon giving

written notice to the Contractor in the event of the Contractor being adjudged a


bankrupt or making a general assignment for the benefit of the Contractor’s creditors, or a receiver being appointed on account of the Contractor’s insolvency.

16.2 LHMC reserves the right to terminate the Contract upon giving seven (7) days

written notice to the Contractor in the event of the Contractor: .1 neglecting or failing to prosecute the Work properly or diligently;

.2 refusing or failing to supply enough properly skilled workers or proper materials;

.3 failing to make prompt payment to Sub-Contractors or for material or

labour; .4 disregarding laws or ordinances or instructions of the LMHC Designee; or .5 otherwise being guilty of a substantial violation of the provisions of the Contract, and the Contractor fails to rectify or correct the default or delay as required by the said notice within the time so specified. 16.3 Such termination shall be upon the certificate of the LMHC Designee that

sufficient cause exists, and shall be without prejudice to any other right or remedy available to LMHC.

16.4 Upon termination of the Contract, LMHC may take possession of the Site/work

and of all materials, equipment, tools and appliances therein and may finish the Work by whatever method is deemed expedient.

16.5 The Contractor shall not be entitled to receive any further payment until the

Work is completed. 16.6 Should the cost of completing the Work exceed the balance of the Contract

Sum, including reasonable compensation to the LMHC Designee, such extra cost shall be paid by the Contractor to LMHC. If the cost of completing the Work does not exceed the balance of the Contract Sum, the difference shall be paid to the Contractor.

16.7 Any cost incurred by LMHC, as herein provided, will be certified by the LMHC Designee. 16.8 LMHC may terminate this Contract at any time without cause upon giving the

Contractor seven (7) days written notice and payment of all approved invoices for services performed by the Contractor under the Contract, including without limiting the generality of the foregoing, all direct and indirect losses including any


loss of anticipated profits, occasioned by or arising out of the early termination of the Contract.

16.9 Upon the termination, the Contractor shall not enter upon the Site or remove from the Site any part of the Work, materials, equipments, tools or appliances therein, without the written Permission of the LMHC Designee. PART 17 – LMHC’S RIGHT TO SUSPEND THE WORK 17.1 LMHC may, when it is in the public interest, require the Contractor to suspend

execution of the Work, in whole or in part, by communicating notice to that effect to the Contractor. LMHC will pay the Contractor an amount equal to the cost as agreed between LMHC and the Contractor, for all labour, material and plant supplied by the Contractor as of the date of suspension of the whole or part of the Work.

17.2 During the period of suspension, the Contractor shall not enter upon the Site or remove from the Site any part of the Work, materials, equipment, tools or appliances therein, without the written permission of the LMHC Designee. PART 18 –ACCESS TO THE WORK 18.1 LMHC will have the right to enter and occupy the site and any structure thereon,

in whole or part, for the purpose of placing fittings and equipment, or other use, before the completion of the Work, if, in the opinion of the LMHC Designee such entry and occupation does not prevent or interfere with the completion of the Work by the Contractor within the time specified or agreed upon.

18.2 Such entry and occupation shall not be considered as acceptance of the Work nor in any way relieves the Contractor from the Contractor’s responsibility to complete the Contract. PART 19 –SETTLEMENT OF DISPUTES 19.1 In the event of any dispute or claim arising between LMHC, or the LHMC

Designee, and the Contractor as to their respective rights and obligations under the Contract, either party hereto may give the other written notification of such dispute or claim. The notification of dispute or claim shall be made within fourteen (14) days of the dispute or cause of action arising. If the dispute or claim cannot be resolved to the satisfaction of both parties, the parties may between themselves agree to submit the particular matter to arbitration in accordance with the applicable laws of Ontario. If no agreement is made for arbitration then either party may submit the dispute to such judicial tribunal as the circumstances may require.


19.2 The Contractor shall complete the Work, in accordance with the written

instruction of the LMHC Designee, notwithstanding any dispute, arbitration or any legal action initiated by either or both of the parties.

19.3 Arbitration proceedings shall not take place until the completion or alleged completion of the Work except on a question of certificate for payment, or in a case where either party can show that the matter in dispute is of such nature as to require immediate consideration while evidence is available. PART 20 – PROJECT RECORDS 20.1 The Contractor shall maintain and keep accurate Project Records (which means

all tangible records, documents, computer printouts, electronic information, books, plans, drawings, specifications, accounts or other information relating to the Work, including any Change Order) in accordance with the Requirements of Law, but not longer than seven years. The Contractor shall maintain the original Project Records in its office in Ontario until all Claims (which means any claim, demand, liability, damage, loss, cost, expense, suite, action or cause of action) have been settled or as required by Requirements of Law, whichever period is longer.

20.2 In addition to other rights of inspection completed in the Contract documents,

should LMHC have any reason to suspect illegal activity the Contractor shall allow LMHC access to the Project Records for the period of time from the commencement of the Work to the date that is tow (2) years after Substantial Performance (“Inspection Period”). It is understood and agreed that LMHC shall provide the Contractor with five (5) business days prior written notice of its requirement for such access along with the reasons for LMHC requiring such access. The Contractor shall promptly provide, at the sole cost of LMHC, a certified copy of any part of the Project Records required by LMHC when requested by LMHC.

20.2.1 As well, the Contractor acknowledges that there may be instances after the

expiry of the Inspection Period where LMHC may require access to the Project Records. In such instances, LMHC shall send a written request to the Contractor requesting access to the Project Records along with the reasons for LMHC requiring such access. The Contractor agrees to be reasonable in its consideration of such requests. Where the Contractor has agreed to allow LMHC to have access to the Project Records, the Contractor agrees to promptly provide LMHC with certified copies of any part of the Project Records, at LMHC’s sole cost, when requested by LMHC.

20.3 The Contractor shall ensure that equivalent provisions to those provided herein

are made in each subcontract (and shall encourage subcontractors to incorporate same into every level of contract hereunder, i.e. sub-subcontract, etc.) for any part


of the Work in order to, among other things, provide LMHC access to Records as contemplated herein.

PART 21 –RESIDENTIAL TENANCIES ACT (RTA) 21.1 The Contractor acknowledges that in accordance with Residential Tenancies

Act, access to premises of the residents may only be gained by permission of the resident, or as necessary, upon the landlord giving notice to the resident specifying the time of entry during daylight hours not less than twenty-four (24) hours prior to the time of entry.

21.2 The Contractor shall schedule any work accordingly and shall advise LMHC or

the LMHC Designee at the site of the Work not less than seventy-two (72) hours in advance of requested access to any resident’s premises.

PART 22 – ONTARIO LABOUR CONDITIONS, CONSTRUCTION LIEN CLAIMS 2.2.1 The Contractor shall employ on the work only persons who are fully qualified

to perform the work required and shall comply with the provisions of the Construction Lien Act, 1990.

PART 23 – CERTIFICATE OF SUBSTANTIAL PERFORMANCE 23.1 The work or a substantial part thereof is ready for use or is being used for the

purposes intended and the remainder of the Work cannot be completed expeditiously for reasons beyond the control of the Contractor or, where LMHC and the Contractor agree not to complete the Work expeditiously, the price of the services or materials remaining to be supplied and required to complete the Work shall be deducted from the Contract Sum in determining substantial Performance.

23.2 Prior to advising the LMHC Designee that the Work is substantially

performed, the Contractor shall undertake an inspection of the Work with the Contractors’ staff and those Sub-Contractors or their representatives as the Contractor may require. At least ten (10) days prior to such notice, the Contractor shall submit to the LMHC Designee for approval the specified operating instructions, maintenance manuals, as-built drawings, list of spare parts and materials; and submit or do those things, including the complete demonstration to the LMHC Designee and other nominated personnel of the operation of all systems and equipment installed, which are required by LMHC in order to be able to properly operate the equipment.


23.3 Upon completion of this inspection a list of all uncompleted and

unsatisfactory work shall be prepared by the Contractor and issued to all those concerned. A copy shall be forwarded to the LMHC Designee.

23.4 The Contractor shall proceed with the uncompleted work and remedy those

parts considered unsatisfactory, as expeditiously as possible. 23.5 When the Contractor has determined that the Project meets the

requirements of Substantial Performance, the Contractor shall then make a written application to the LMHC Designee for a Certificate of Substantial Performance.

23.6 This application shall include: .1 a statement to LMHC through the LMHC Designee to the effect that: .2 the Contract is substantially performed; and .3 the performance of the balance of the Contract is in process and the Total Completion is scheduled for the _________ day of ________, 2018; .4 a statement showing the amount of holdback monies due for release and payment following the issue of the Certificate of Substantial Performance. .5 the Contractor’s invoice to the LMHC Designee for payment, together with definite evidence by means of Statutory Declaration in the form provided by LMHC that all accounts, assessments and levies in connection with the Work under the Contract have been paid; that no claims, liens or encumbrances exist; and that all requirements in connection with the Workplace Safety and Insurance Act, 1997 or other social or labour legislation and all other liabilities of the Contractor have been paid; .4 a statement of completion with the cost values of: i that part of the Work to be completed including work found by the

LMHC Designee to be unsatisfactory; ii outstanding items refereed to above; and

iii that part of Work which cannot be performed for reasons beyond the control of the Contractor.

23.7 Within the (10) days of receipt of this written application, the LMHC Designee will

carry out the inspection together with any consultants as he/she may require, the Contractor and any Sub-Contractor deemed necessary by the Contractor, and LMHC representatives.


23.8 In the event the LMHC Designee deems that the completion of the Work does not qualify for issuance of the Certificate of Substantial Performance, he/she shall so notify the Contractor in writing within five (5) days of his/her inspection and give reasons for the non-acceptance. The Contractor shall complete the Work necessary to comply with the requirements of Substantial Performance, and re-submit its application. The LMHC Designee will make a re-inspection with ten (10) days of the applications. 23.9 On the application of the Contractor, the LMHC Designee will determine whether the Contract has been substantially performed. Where he/she so determines, he/she shall certify the substantial performance of the Work by signing a Certificate of Substantial Performance.

.1 The LMHC Designee shall set out in the Certificate the date on which the Contract was substantially performed.

.2 Where the LMHC Designee certifies the Substantial Performance of

the Contract he/she will, within seven (7) calendar days of the day the Certificate is signed, give or send a copy of the Certificate to LMHC and to the Contractor.

.3 The Contractor shall publish a copy of the Certificate once in a construction trade newspaper.

.4 Notwithstanding Item 23.9.3 above, the Contractor authorizes LMHC to publish a copy of the Certificate on the Contractor’s behalf and at their expense.

23.10 The contractor’s application for a Certificate of Substantial Performance and the

release of holdback monies, shall be submitted separately from its application for regular progress payments, the latter shall continue to be made throughout the duration of the Contract.

23.11 The date on which a copy of the Certificate of Substantial Performance is

published in a construction trade newspaper shall be the commencement of the forty-five (45) day period prior to the release of holdback monies, as defined in the Construction Lien Act, R.S.O. 1990, Chap. C.30, as amended.

23.12 The Contractor’s and the Sub-Contractor’s forces shall continue to work towards

Total Completion during the forty-five (45) day period stated in Item 23.11 above. 23.13 The LMHC Designee will prepare the Certificate for payment, of the lien

holdback monies and promptly upon receipt of the documentation, as listed above, required for the release of these monies, issue the certificate to LMHC, with a copy to the Contractor. This Certificate shall be dated one day after the termination of the forty-five (45) day period.


23.14 LMHC will, upon acceptance of the Certificate and, subject of prior claims and

existing liens, make payment of the lien holdback monies fifteen (15) days after the expiry of the forty-five (45) day period.

23.15 Before expiry of the forty-five (45) day period, all forms of insurance shall be

reviewed jointly by the LMHC Designee and the Contractor to ensure adequate coverage for all parties.

PART 24 – CERTIFICATE OF TOTAL COMPLETION 24.1 When the Contractor is satisfied that the entire Work is completed, and after

making its own inspection, the contractor shall make a written request for a final inspection .by the LMHC Designee, who in turn shall notify LMHC. This inspection shall be carried out within ten days of the request, and completed as quickly as possible, and shall constitute the inspection precedent to the issuance of the final certificate for payment.

24.2 The final inspection team shall include the LMHC Designee and such

consultants as he/she may require, the Contractor, and any Sub-Contractors deemed necessary by the Contractor, and LMHC representatives.

24.3 If there are any deficiencies determined by this inspection, they shall be listed by

the LMHC Designee and provided to the Contractor. This list shall be recognized as the final deficiency list for the purpose of acceptance of the Work under the Contract.

24.4 Such deficiencies shall be corrected by a date mutually agreed upon between

the LMHC Designee and the Contractor, unless a specific date is required by the Contract. A re-inspection by the LMHC Designee shall be called for by the Contractor following the Contractor’s own inspection to take place within seven (7) days from the date of request.

24.5 The Contractor shall thereafter submit the invoice for final payment together with

definite evidence by means of a Statutory Declarations in the forms provided by LMHC or its Designee that all accounts, assessments and levies in connection with the Work under the Contract have been paid; that no claims, liens or encumbrances exist; and that all requirements in connection with the Workplace Safety and Insurance Act, 1997 or other social or labour legislation and all other liabilities of the Contractor have been paid.

24.6 On receipt of the Contractor’s invoice, and when the LMHC or its Designee is

satisfied that all deficiencies, as established under the inspection have been corrected, the LMHC Designee will issue to LMHC, with a copy to the Contractor,


a Certificate of Total Completion and certify for payment the remaining monies due the Contractor under the Contract.

24.7 Subject to prior claims and existing liens, final payment shall be made to the Contractor no later than fifteen (15) days after the termination of the forty-five (45) day lien period.

24.8 Prior to submitting its application for Total Completion of the Work, the

Contractor shall provide LMHC with two (2) copies (or as otherwise specified) of all:

.1 shop drawings; .2 samples; .3 reports and correspondence from all jurisdictional authorities; .4 inspection certificates issued by authorities, eg. Hydro, gas, etc; and .5 a release signed by the Contractor, of all claims related to the Contract

(including those that have arisen or may arise from the negligence of LMHC, or those for whom either LMHC is in law responsible) against LMHC, the LMHC Designee and the employees and agents of Minister, except those claims made in writing to LMHC Designee or LMHC, which are unresolved as of the date of the application for final payment.

PART 25 – WARRANTIES 25.1 The Contractor shall be responsible for the proper performance of the Work.

The Contractor agrees to pay for any damages and to correct promptly at the Contractor’s own expense defects or deficiencies in the Work which appear prior to and during the period of twenty-four (24) months, or such longer periods as may be specified for certain products or systems as noted in the specifications, from the date of Substantial Performance of the Work, as set out in the Certificate of Substantial Performance of the Work.

25.2 LMHC will give prompt notice in writing to the Contractor and the LMHC Designee of any defects noted during the warranty period.

25.3 Prior to completion of the twenty-four (24) months warranty period or such

longer periods as may be specified for certain products of work, the LMHC Designee will review any defects or deficiencies which have been observed by LMHC during that period and will notify the Contractor of those items requiring attention by the Contractor to complete the terms of the Contract.


25.4 The Contractor shall, to the extent permitted by manufacturers and suppliers, assign to LMHC the benefit of any warranty by any manufacturer or supplier in addition to the warranty as provided in subsection 25.1. PART 26 – CASH ALLOWANCE 26.1 The Contractor shall include in the Contract Sum all cash allowances called for in the Specifications. Such allowances shall be expended as directed by the LMHC Designee and the Contract Sum shall be adjusted accordingly. The Contract Sum shall include Contractor’s overhead, profit, all costs, fees required by the Contractor pertaining to the cash allowances. PART 27 – REMEDY FOR DELAY 27.1 If the Contractor fails to meet any of the completion dates specified in Part 1

item 1.2 of this Agreement, the Owner may exercise any of the remedies for default specified in the General Conditions; or

a) Charge the Contractor for the first thirty (30) working days of default and the Contractor shall pay the Owner $300.00 for each working day or part of a working day that elapses between the time or times prescribed in Part 1 item 1.2 of this Agreement and the date or dates that the Work or part of the Work is completed; and

b) After the thirtieth working day of default and if default continues after that day the Owner may charge and the Contractor shall pay an amount calculated as follows:

i) An amount equal to all salaries, wages and traveling expenses paid by the Owner to persons supervising or inspecting the Work during the period of delay; and

ii) An amount equal to the value to the Owner of the use of the part of the Work not completed for the period of delay; and

iii) An amount equal to all other expenses and damages incurred or sustained by the Owner as a result of the Work not being completed during the period of delay; or

iv) instead of the payments set out in Item 27.1 of this Part 27 any such amount as may be assessed by the Owner.


27.2 Any payment collected under Item 27.1 a) and b) of this Part 27 will be

retained as liquidated damages and not as a penalty. 27.3 The Owner may without prejudice to any other method of recovery from the

Contractor deduct any amount payable to the Owner under this Part 27 from any money owing by the Owner to the Contractor.

27.4 Any payment or deduction received by the Owner under this Part 27 does not

relieve the Contractor of any obligation or liability imposed on the Contractor by the Contract.

PART 28 – CORRECTION AFTER COMPLETION 28.1.1 Without restricting any warranty or guarantee implied or imposed by law or

contained in the Contract Documents, the Contractor shall, at the Contractor’s sole expense, rectify and make good any defects due to faulty materials or quality of performance that appear in the Work or that comes to the attention of LMHC within twenty-four (24) months from the date of the Certificate of Substantial Performance, or such longer period as may be specified for certain products or part(s) of the Work.

28.1.2 LMHC may direct the Contractor to rectify and make good any defect or fault

referred to herein or covered by any other expressed or implied warranty or guarantee.

28.1.3 Such a direction to the Contractor shall be in writing and may include a

stipulation in respect of the time within which a defect or faulty is required to be rectified and made good by the Contractor.

28.1.4 Within the time stipulated therein, the Contractor shall at the Contractor’s sole

expense rectify and make good any defect or faulty described in such direction and shall correct or pay for all damage resulting from the corrections made under this General Condition.

28.1.5 Neither the Certificate of Total Completion nor payment there under shall relieve

the responsibility under this General Condition.


LMHC –Tree Removal and Pruning Requirements on LMHC Property Project #: 2018-0003-1481 Section: 00830 2018 10 18 Page 1 of 5

PART 1 - GENERAL

Contractors and their workers/employees shall be required to comply with the conditions and terms hereinafter specified while completing assignments under this contract on the properties of London & Middlesex Housing Corporation. PART 2 - IDENTIFICATION

All contractors and their workers/employees shall carry proper firm and personal identification and shall produce same when requested by either London & Middlesex Housing Corporation staff or tenants. Permission to enter may be denied without proper identification. Invoices for labour/service calls will not be paid when entry has been denied because of failure to provide proper identification. In these situations, costs of such trips/service calls will be borne by the Contractor and repeated failures to carry proper identification will result in the contractor being removed from the Pre-Qualification List.

Proper identification may include the following:

● Firm identification could be uniforms with firm name, business or I.D. card

● Personal identification should be one with a photo included and could include a firm/employee photo I.D. card.

● When available the Work Order (WO) or copy of it. PART 3 - SMOKE FREE WORKPLACE

London & Middlesex Housing Corporation has a smoke free workplace policy in effect. The workplace is defined as any building or structure on the properties of London & Middlesex Housing Corporation including dwelling units (either apartments or family housing units). It does not extend to the grounds of the properties. Failure to adhere to the smoke free workplace policy will result in the contractor being removed from the Pre-Qualification List. PART 4 – WORKPLACE VIOLENCE, HARASSMENT & DISCRIMINATION

London & Middlesex Housing Corporation has a zero tolerance for any acts of violence, harassment or discrimination within its buildings, communities or surrounding properties. Contractors and their workers/employees shall comply with all such Acts, Regulations and policies while on the properties of the London & Middlesex Housing Corporation. Any reports of improper behaviour by Contractors or their workers/employees will be investigated and if found to be true will result in the Contractor being removed from the Pre-Qualification List. London & Middlesex Housing Corporation Policy is included below.


PART 5 – SITE CONDITIONS LMHC is advising all contractors of the potential existence of Bio-hazardous Materials, and/or insect pests including but not limited to bed bugs, roaches, ants, etc. on all LMHC properties. Contractors are responsible for taking all required personal protective measures when working under the above conditions.


RACE & ETHNIC RELATIONS POLICY

STATEMENT OF PRINCIPALS

London & Middlesex Housing Corporation fully support the principle embodied in the Canadian Charter of Rights and Freedoms, the Ontario Human Rights Code, and the Ontario Policy on Race Relations of every person's right to equal treatment with respect to employment, accommodation, contracts, goods, services, facilities, membership in unions, vocational associations, self-governing professions and employment agencies without discrimination because of race, ancestry, place of origin, colour, ethnic origin, citizenship, religion, creed, sex, age, sexual orientation, marital status, family status, disability, receipt of public assistance or record of offences. Harassment on any ground, in particular unwelcome sexual advances and solicitations, is prohibited. Within the context of this principle, the Race and Ethnic Relations policy has been developed. Ontario has a history of providing a home for persons from a variety of racial and ethnic backgrounds and is increasingly becoming a multi-racial, multi-ethnic society. This diversity contributes to the cultural, social and economic enrichment of Ontario residents. London & Middlesex Housing Corporation will take an active role in working towards ensuring that: • All LMHC staff, members, tenants, applicants, contractors, and committee members

have a right to equal treatment without discrimination because of race, ancestry, place of origin, colour, ethnic origin, religion, creed, sex, sexual orientation, martial status, family status, disability, and receipt of public assistance or record of offences.

• All LMHC tenants live in an environment free from any form of racial or ethnic

discrimination and harassment. • All LMHC staff work in an environment free from any form of racial or ethnic

discrimination and harassment. • Policies and practices are not directly or indirectly discriminatory in their effect. • All tenants and staff are made aware that racial or ethnic discrimination or harassment

of any form will not be tolerated. • Harmonious race and ethnic relations are fostered among tenants and staff. • Incidents which arouse racial or ethnic conflict and tension are appropriately addressed.


RACE & ETHNIC RELATIONS POLICY

The London & Middlesex Housing Corporation is committed and will work to ensure that:

1. All residents, employees, board members, applicants for housing or employment, contractors, service providers and committee members have a right to equal treatment and respect;

2. all residents and employees live and work in a harmonious environment which is free from discrimination and harassment on the basis of race, ancestry, place of origin, colour, ethnic origin, religion, creed, sex, sexual orientation, martial status, family status, disability, receipt of public assistance or record of offences;

3. Policies and/or practices are not directly or indirectly discriminatory in their effect;

4. Every effort is made to overcome systemic barriers to housing or employment;

5. All applicants, residents and employees are notified that racial/ethnic discrimination or harassment of any form will not be tolerated;

6. Incidents arising from what is perceived to be racial/ethnic conflict or tension within the housing communities or in the workplace will be addressed.

PART 6 - RESIDENT SATISFACTION SURVEY London & Middlesex Housing Corporation values and is committed to providing quality customer service to our tenants. As a method of monitoring tenant satisfaction, a service questionnaire has been developed and is given to our tenants upon completion of any maintenance work. This provides our tenants an opportunity to comment on the level of performance and service they have received. This applies to Contractors assigned to work within their units, buildings or communities. Any reports of unsatisfactory service from contractors or their workers/employees will be investigated and repeated unsatisfactory service will result in the contractor being removed from the Pre-Qualification List. The questionnaire is included below.


RESIDENT SATISFACTION SURVEY LMHC IS INTERESTED IN GETTING YOUR COMMENTS ON THE QUALITY OF WORK, SERVICE AND PRODUCT THAT YOU RECEIVED. Please specify work completed: Date of Work:

YES NO Was the work completed by a contractor? Was the work completed by on-site service staff? Are you satisfied with the work that was done? Did the service staff/contractor clean up the work area before leaving? Did you receive enough notice before work started? If you need to prepare your home before the work started, did someone tell

you what to do? Was the service staff/contractor considerate and polite? Did the service staff/contractor respect your home, lawns and gardens? Was the work area left clean each day? Did the service staff/contractor consider your safety while performing the

work? Do you think the work was done in a reasonable amount of time? OTHER COMMENTS:

Tenant Name: Signature:

Address:

Unit #: Telephone #: (519) -

(Please Print)


LMHC –Tree Removal and Pruning LMHC Equity Policy Project #: 2018-0003-1481 Section: 00831 2018 10 18 Page 1 of 1

Statement of Principles “London & Middlesex Housing Corporation fully supports the Canadian Charter of

Rights and Freedoms and the Ontario Human Rights Code. Every person has a right to equal treatment. Violence, Harassment and discrimination are

prohibited.” The London & Middlesex Housing Corporation will work to ensure that: 1. All tenants/residents, directors, officers, employees, applicants for Housing or

applicants for employment, contractors, service providers, and committee members have right to equal treatment and respect.

2. All employees, directors, officers, tenants/residents, applicants and

contractors are made aware that discrimination or harassment of any kind will not be tolerated.

3. All persons living in London & Middlesex Housing Corporation communities

and all employees working for London & Middlesex Housing Corporation will work together to enjoy an environment which is free from discrimination and harassment on the basis of race, ancestry, place of origin, color, ethnic origin, citizenship, religion or creed, sex, sexual orientation, handicap, age, marital status, family status, receipt of public assistance or record of offences.

4. Every effort is made to correct policies and procedures which may cause

systemic barriers to housing or employment. 5. Incidents that cause conflict and tension within housing communities or the

workplace are appropriately addressed.


LMHC –Tree Removal and Pruning Contractor Compliance Statement Project #: 2018-0003-1481 Section: 00900 2018 10 18 Page 1 of 2

CONTRACTOR COMPLIANCE STATEMENT I, the undersigned, in submitting this Accessibility Compliance Form to:

LONDON & MIDDLESEX HOUSING CORPORATION

On behalf of: ________________________________________________

{Name of Contractor/Vendor Company}

have authority to bind the Company and do hereby make the following statements that I certify to be true and complete in every respect. I acknowledge that as a vendor of London & Middlesex Housing Corporation (LMHC) we are bound to comply with the Accessibility Standards for Customer Service, Ontario Regulation 429/07 under the Accessibility for Ontarians with Disabilities Act, 2005 (AODA) as amended from time to time. In accordance with the requirements of Section 6 of the regulation, I understand that effective January 1, 2018 all individuals who provide service to or on behalf of LMHC must receive training that includes the following content: A review of the purposes of the Accessibility for Ontarians with Disabilities Act,

2005 and the requirements of the customer service standard; How to interact and communicate with people with various types of disabilities; How to interact with people with disabilities who use an assistive device, service

animal or support person; How to use the equipment or assistive devices available on the premises that may

assist in the provision of goods and services to people with disabilities; What to do if a person with a particular type of disability is having difficulty

accessing goods or services; and _____________________________ {Name of Organization}’s Accessible Customer

Service Policy and related procedures and practices. I certify that effective January 1, 2018 at the latest, all required training will be received by current and future new employees, agents, sub-contractors, volunteers, or others for whom we are responsible, prior to providing goods or services to, or on behalf of, LMHC.

LMHC –Tree Removal and Pruning Contractor Compliance Statement Project #: 2018-0003-1481 Section: 00900 2018 10 18 Page 2 of 2 I certify that we will track the training of employees, agents, sub-contractors for whom we are responsible and will produce a written record of completed training as required under the customer service standard, upon request. I certify that these requirements will remain in effect for the duration of the contract and/or business agreement with LMHC. I understand LMHC is relying on this certificate to ensure that any employees, sub-contractors or other representatives of ________________________ {Name of Contractor/Vendor Company} who have any dealings with the public on behalf of the LMHC have received training as required by Accessibility Standards for Customer Service, Ontario Regulation 429/07. I understand that if this Certificate is found not to be true and complete in every respect, LMHC has the authority to discontinue the services of the ______________________________________ {Name of Contractor/Vendor Company}. I am authorized by the _____________________________ {Name of Contractor/Vendor Company} to sign this Certificate and to submit it on behalf of the Company; Company Name: ________________________________________________________________ Address: ______________________________________________________________________ City and Postal Code: ____________________________________________________________ Name: ________________________________________________________________________ Signature: _____________________________________________________________________ Title: _________________________________________________________________________ Date: _________________________________________________________________________

**** End of Section ****

©2018 Davey Resource Group, a Division of Davey Tree Expert Co. of Canada, Limited. All rights

reserved. This document must be used in whole with all pages and in conjunction with all other support

documents and plans.

Arborist Report Limberlost

Tree Inventory and Management Plan

Prepared for Middlesex Community Housing

1481 Limberlost Road

London, Ontario

Prepared by Michael Petryk

ISA Certified Arborist (ON-1691A)

ISA Tree Risk Assessment Qualified (TRAQ), Butternut Health Assessor

C: (905) 802-4969 | | E: [email protected]

Davey Resource Group, a Division of Davey Tree Expert Co. of Canada, Limited

500-611 Tradewind Dr. Ancaster, ON L9G 4V5

mailto:[email protected]

Arborist Report and Management Plan

Middlesex Community Housing

1481 Limberlost

October 16, 2018

Davey Resource Group, a Division of Davey Tree Expert Co. of Canada, Limited 2


Contents Introduction ................................................................................................................................................... 3

Limitations of the Assignment ...................................................................................................................... 3

Methods ........................................................................................................................................................ 3

Observations ................................................................................................................................................. 4

Discussion ..................................................................................................................................................... 5

Pruning standards and priorities .................................................................................................................... 5

Specific industry standards for pruning adapted for Middlesex Community Housing – .............................. 6

Tree Protection Areas and Distinctive Trees ................................................................................................ 7

Planting guidelines ........................................................................................................................................ 7

Recommendations ......................................................................................................................................... 9

Tree Data Sheet ........................................................................................................................................... 10

Work Cycle Management Plan ................................................................................................................... 10

Conclusion .................................................................................................................................................. 11

Appendix 1 – Photographs .......................................................................................................................... 25

Appendix 2: Site Map (not to scale) ........................................................................................................... 34

Appendix 3: Glossary of Common Arboricultural Terms .......................................................................... 35

Appendix 4 - Arborist Qualifications .......................................................................................................... 37

Appendix 4: Arborist Qualifications ........................................................................................................... 38

Appendix 5: References .............................................................................................................................. 38

Conditions of Assessment Agreement ........................................................................................................ 39



1481 Limberlost

October 16, 2018



Introduction

The Davey Resource Group (DRG) was retained by Middlesex Community Housing. (herein

referred to as the client), to prepare an Arborist Report/Management plan and provide

recommendations for pruning specifications and clearances to increase lighting, access and line

of sight surrounding residential housing units owned by Middlesex Community Housing. The

scope and purpose of the assessments is to relieve residential housing units of areas that may be

used for illegal activity and to provide sufficient lighting and line of sight for law enforcement or

security personnel. It will also increase residents well being and provide a safer community for

all.

Limitations of the Assignment

It must be understood that Davey Resource Group (DRG Canada) is the assessor of the trees in

relation to tree preservation practices. The construction supervisors should incorporate the

information and recommendations provided in this report into their construction methodology to

abide by federal protections, city or municipal by-laws, industry standards and/or tree protection

requirements,

This Arborist report is based on the project scope and details for tree preservation as discussed.

All proposed construction methods are limited to what was provided in the site plans and in

discussions with the Project Lead, Supervisor or Engineer. Estimates, measurements and

comments regarding tree preservation were based on the proposed construction plans and field

observations.

This Arborist report was compiled from field data collected from the ground. A basic visual

assessment of all relevant trees was performed. No level of ISA Tree Risk Assessment was

performed. More data on risk may be obtained by commissioning a Basic or Advanced ISA Tree

Risk Assessment (Phase 1-3).

Methods

• Tools and equipment utilized for the assessment included a metric diameter tape, metric

measuring wheel, and a Biltmore stick.

• Diameter at breast height (DBH) was measured at a height of 1.4 m from the ground using

the metric diameter tape.

• Tree height was measured using a Biltmore stick at a distance of 20 m from the centre of

the trunk.

• All photographs were taken on a cellular phone.



1481 Limberlost

October 16, 2018



Observations

• The subject site was assessed and data collected on September 25 and 26, 2018 by ISA

Certified Arborists, Michael Petryk (ON-1691-A) and Ryan St. Pierre (ON-2259A).

• Pictures were taken using an, I-phone.

• Weather conditions at the time of the assessment were 10˚C, and raining.

• No ‘at risk’ or ‘endangered species’ were encountered during the assessment.

• A total of 302 locations were assessed at the site address.

• 291 Tags were installed-2 trees were inaccessible, 9 notes were taken for trees two small

to be tagged, or for trees on neighbouring properties.

• Most trees required some form of pruning. Please consult the charts below for total

numbers. Some trees were recommended for multiple types of pruning (ex Crown Raising

and Clearing from Buildings), therefore the total pruning counts will be higher than the

total number of trees recommended for pruning.

• 297 trees require some kind of arboriculture work (Removal or Pruning).

• 36 trees require removal and stump grinding

• 1 tree should be monitored-it had lost it’s leaves very early and is likely dead/very poor

condition.

• Norway Maples in particular are suffering from disease.

• Many lights required clearing.

• Multiple yards contained suckers/sprouts under 5 cm/dbh. These should all be removed.

• Pathways behind Unites 26-35, 66-76, and 77-82 should be cleared to the fence line. Where

work on neighbours trees is required, it is recommended they are informed.

Arboriculture Prescription Number of times recommended

Clear 8 ft from buildings 149

Prune for line of sight to street light 39

Thin for visibility? 7

Raise/Elevate Crown (3-3.5 m, 10-12 ft) 171

Prune Hazards or Deadwood over 2' 163

Removal 36

For specific data collected for each tree please refer to the Tree Data Sheet in Recommendations.



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Discussion

Middlesex Community Housing has requested specific pruning and tree management standards

be applied to the Management Plan for all sites being assessed by DRG. Industry standards can

be applied to this plan to achieve the required outcome over a recommended time period of 5-10

years.

Specifics will include;

• Maintenance of taller trees that can be sufficiently pruned to attain goals.

• Removal of small bushes or trees where necessary to reduce sightline issues.

• Pruning for visibility from buildings and municipal roadsides, paths and site access roads.

• Increasing use of the area by clearing near sidewalks, paths and trails.

• Clearing trees from lighting structures.

• Clearing buildings and structures.

• Reducing hazards such as broken and hanging limbs, deadwood and low branching over

paths and roads.

• Advising on replanting of taller deciduous shade trees that tolerate raising and pruning.

• Recommending establishing a 5-10 year cycle of pruning and assessment.

Pruning standards and priorities

Generally, trees are pruned according to the priorities listed below;

1. Safety

Removal of poor quality or hazardous trees and limbs that could cause injury to

persons or damage to property. This also applies to branches near hydro lines and to

roots causing tripping hazards.

2. Clearance

Directing tree parts away from lighting fixtures, poles and utility lines, buildings,

roofs, fire hydrants. Raising crowns above pedestrian areas, parking, and roadways.

3. Tree Health

Removal of dead, decaying, infested or diseased tree limbs.

4. Tree Structure

Selective pruning of branches to encourage development of a structurally sound tree.

5. Aesthetics

Pruning of branches to create a visually pleasing form.



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Specific industry standards for pruning adapted for Middlesex Community

Housing –

Terminology

See photos for

examples of each

Standards Recommended and Industry standard

specifications

Crown raise or

Elevate

Removing lower limbs for height

clearance – recommend not

removing limbs larger than 10cm.

Prune end weight to lift limbs to

recommended height

10-12 feet (3-3.5 m) height clearance. If

removing more than 1/3 of live crown, consider

thinning or removal (tree should be >9 m tall)

Thin or crown thin Removing alternate limbs within the

canopy to allow in more light

No more than 25% removed in a season.

Alternate limbs to be removed. No ‘lions tailing’

of limbs. (see Appendix)

Clearance or clear

building/signs

Reducing side limbs to avoid impact

with structures, buildings

Clear buildings by 8-10 feet (side limbs only – no

topping)

Crown clean or

clean

Removing rubbing, crossing and

diseased limbs within canopy

Remove limbs <10cm diameter, no more than

25% foliage

Deadwood Remove dead limbs within canopy Remove all deadwood >3cm diameter

Structural prune

(young trees)

Pruning to improve the overall

structure of trees

Remove codominant leaders on trees <9m height

(young trees)

Structural prune

(mature trees)

Remove codominant leaders > 10cm on mature

trees but no more than 25% canopy in one season.

Remove side limbs more than 1/3 third the

diameter of main stem

Crown reduction or

reduce

Reducing height of canopy for light

or to reduce risk back to viable bud

point or side limb

Reduce canopy height by <25% in one season,

preferably 15%. Do not head trees.

Hazard pruning Specifically for storm damaged or

declining trees that are to be retained

or removed over a period of years

Reduce height by no more than 25% in one

season or pollard if species allows. If canopy

severely damaged prune back to viable side limbs

Remove Trees that are hazards, are too small

to be thinned or elevated, or are

overcrowded and competing with

other more preferred trees may be

removed

Remove tree to ground level and cut stump as

low to grade as possible to reduce trip hazard.

Remove stump within specified time frame.

Prune for Line of

Sight to Light

Clear line of sight for lights to

improve night time illumination

Limit may be set at 5X the mounting height (Max

30m) EG. A light on the side of a building, at

3m height. Tree stand at 15m from light - clear

or thin limbs between the observation point and

the light.



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Pruning shall conform to specifications written in accordance with the techniques and standards in

the current edition of ANSI A300 (Part 1) Pruning (Standard Practices for Tree, Shrub and Other

Woody Plant Maintenance and in a manner consistent with current ISA Best Management

Practices – Pruning

Arborists adhering to the ANSI A300 pruning standard will not:

• leave branch stubs not pruned to branch collar

• cut off the branch collar (not make a flush cut)

• make unnecessary heading cuts

• top or lion’s tail trees

• remove more than 25 percent of the foliage of a single branch

• remove more than 25 percent of the total tree foliage in a single growing season

• damage other parts of the tree during pruning

• use wound paint

• prune without a good reason

• climb the tree with climbing spikes unless removing tree

Tree Protection Areas and Distinctive Trees

Trees in London are protected under the London tree bylaw 2016 (C.P. 1515 (a) 270)

(https://www.london.ca/city-hall/by-laws/Pages/Tree-Protection-By-law-.aspx).

All trees of any size are protected in identified Protected areas, identifiable in Areas 1-20, and

Distinctive trees which are trees of 50cm+DBH are protected outside of the Protected Areas.

The trees on this property are not within a Tree Protection Area (Area D1)

Trees requiring permits for removal -

Tree # Photo

#

Species DBH Reason – including Condition rating

283 9 Crack Willow 55 Fair Condition. Tree prone to failure. High traffic

area. Overcrowding-removal will allow more

light, this is the poorest value tree in the area.

Planting guidelines

Site Considerations

The standards below are from the London planting guidelines for post - construction but will

serve as a good guideline for planting replacement trees.

Plant only small growing ornamental tree varieties under high voltage overhead utility wires.

Large and medium shade trees can be planted near overhead single phase, street light cable and

homeowner service cables. The leader of the tree should not be directly under such wires.

https://www.london.ca/city-hall/by-laws/Pages/Tree-Protection-By-law-.aspx



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• No tree should be closer than 2.0 m. (6.7 ft) to a driveway, lead sidewalk going into a

property or underground hydro vault (transformer).

• No tree should be closer than 15.0 m. (50 ft) to a stop sign or traffic signal light.

• No tree should be closer than 6.0 m. (20 ft) to a street light pole or fire hydrant.

Additionally the following is best practice for planting and interpreted as site specific for

Middlesex Community Housing specifications;

• Column form trees such as pear, column oaks or column maples should be utilized closer

to lighting and in proximity to buildings and structures.

• Open canopy species such as honeylocust and Kentucky coffeetree will increase light

availability.

• Coniferous species should be kept to a minimum. Pine species would be best for light

availability.

• Planting distances should be a minimum of 10m-12m apart.

• Trees should be staked to keep vandalism to a minimum, preferably for two years while

trees establish root growth.

• Trees should have tree guards installed for protection from mechanical injury.

• Trees should be monitored regularly for signs of ‘owner/occupier pruning’ such as

topping, raising etc.

Additional non-specific requirements

• Different species should be planted to maintain diversity. No more than 25% of one

family (eg, maple) should be planted in one season.

• The same species should not be planted together to avoid disease transmission and to

maintain diversity.

• Trees should be planted with the root collar at grade.

• Burlap should be removed, cages should be removed or cut down 10-12’ below grade.

• Mulch of 4” depth should be applied to the base of the tree.

• New trees should be regularly watered, once a week in dry periods, approximately 10L of

water.



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Recommendations

This report is intended to provide the client information required to make decisions regarding the

prudent stewardship for the entire tree inventory. The suggested recommendations are based on

an optimal tree maintenance program and the specifics required by Middlesex Community

Housing as regards safety and illegal activities. They are intended to extend the useful lives of

the trees, thereby reducing future expenditures and unfunded liability and help in increasing

visibility on the site.

There are two methods of dividing the work load. DRG recommends Option 1, however

please consider both.

1) Rotational:

a. Reduce Risk by completing all recommended removals first

b. Divide the work areas into manageable work areas (Groups of approx. 100).

c. See “Work Cycle Management” for recommended schedule once the

assessed work is complete.

Pro: Maximizes budget. Trees received all recommended work at once.

Con: Some trees will not receive work for 2-3 cycles (Cycle depends on budget)

2) Prioritize by Risk:

a. Removals: Reduce the larges risks first

b. Clear/Deadwood: Trees that contain large amounts of deadwood/hazardous

branches should be cleaned up. This will require climbing crews-so should

be paired with clearing buildings as well to maximize cost effectiveness.

Clearing buildings will also reduce infrastructure damage.

c. Elevate/Clear brush: The lowest risk, and the easiest to accomplish from the

ground. This would will maximize sight lines, but will Site specific

Pro: High priority work is addressed early, all trees receive some kind of work

immediately, allowing at least minimal results across the entire property

Con: Not the most cost effective (439 Tree “Visits” vs 291)

Operations Timeline chart for Priority based work:

Timeline Pruning Type Number of

Trees Immediate Removals 36 Moderate Deadwood/Clear/Thin 226

Long Term Elevate/Clear Lights/Remove <5 cm Trees (uncounted)

177

Total Number of Tree “Visits” 439



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Work Cycle Management Plan

Typically, tree work is carried out on a cyclical basis depending on the type of work required

and the age of the trees. Frequency Activity Skill Daily Clean up fall twigs and small branches Caretaker Fallen trees, broken, and hanging tree parts should be

reported and made safe as they arise. Caretaker

Weekly Water newly planted trees. Should be watered weekly for three years until established.

Caretaker

Monthly Scout and treat pests and diseases Pest Control Seasonally

Spring Deep root fertilize Pest Control Spray Dormant Oil Pest Control

Summer Inspect and adjust bolts, cables and other reinforcing materials when trees are fully leafed out.

Arborist

Prune to clear branches for safety from traffic control signs, intersection visibility, bus stops, play structures, etc.…

Arborist

Autumn Deep root fertilize Pest Control Clean-up leaf debris – Insect pests and plant disease spores

frequent overwinter in leaf debris. Leaf debris should be raked and/or vacuumed up and commercially composted.

Landscaper

Annually

Monitor decline of dying trees and remove as required. Arborist Monitor root damage to site infrastructure Caretaker Every two to three years Train trees less than 20 cm in diameter for structure shape

and form Arborist

Every three to six years Clean, Clear, Thin or otherwise prune residential trees

greater than 20 cm in diameter Arborist

Remove or otherwise make safe trees in native forest buffers and wild areas

Arborist

Every 6 years

Tree Assessment and Inventory Arborist Non-Scheduled

Storm Damage Clean-up Arborist Disease/insect outbreak Arborist Tree Removal Arborist Tree Planting Landscaper



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Conclusion

Limberlost does not appear to have had organized and consistent tree pruning for a number of years.

Backyards, paths, and buildings have begun to be “Overrun” by trees growing into the open spaces. This

tree cover, while providing enormous aesthetic, emotional, and health benefits to the residents, has also

become burdensome. By completing pruning activities, the outdoor spaces around the community should

become more liveable, and visible, to the residents and community police. Uses and visibility by the

residents of the community is as much, or more, important than that of police-as the residents provide

eyes and ears 24/7, deterring and reporting crime when police cannot be present.

To reinforce, we strongly recommend rotational pruning that: Clears Buildings (allowing light into homes

and onto properties), Deadwoods (opening the trees up and reducing fallen branches), Elevates (allowing

visibility from roads and homes), and Clears Lights (improving light penetration). Trails in and around

the property are beginning to be overgrown- elevating and pruning shrubs and trees back to the fence line

will assist with visibility/usability. Finally, planning to remove small shrubs, sprouts, and invaisive trees

such as buckthorn will improve the sightlines through all the back yards.

If the specific recommendations within this report are followed, the site at 1481 Limberlost will have a

management plan that should adhere to the requirements that Middlesex Community Housing requires.

The pruning and removal schedule will take several years to complete (depending on budgets), with

immediate hazards completed initially.

Planting replacement trees should be scheduled over several years to stagger the age classes of the trees

on the site.



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October 16, 2018



Tree Data Sheet

Tree

Tag

Num

ber

Spec

ies

DB

H (c

m) @

1.4

m

Tree

Cat

egor

y (C

H,

Nei

gbho

ur, C

ity)

Hea

lth

Stru

ctur

e

Ove

rall

Cond

ition

Live

Cro

wn

Rat

io (%

)

Tree

Hei

ght (

m)

Cle

ar 8

ft fr

om b

uild

ings

? (Y

/N)

Prun

e fo

r lin

e of

sig

ht to

st

reet

ligh

t? Y

/N

Thin

for v

isib

ility

? (Y

/N)

Prun

e H

azar

ds o

r Dea

dwoo

d ov

er 2

'? (Y

/N)

Rai

se C

row

n? (3

-3.5

m, 1

0-12

ft)

Rem

oval

(Y/N

)

Obs

erva

tions

1 Norway Maple 29 Private Poor Poor Poor

60 9 Y

2 Austrian Pine 33 Private Good Good Good

40 9 Y


40 9 Y


60 9 Y Y

5 Norway Maple 36 Private Fair Fair Fair

60 9 Y Y Y

6 Norway Maple 36 Private Good Good Good

60 9 Y Y Y

7 Silver Maple 40 Private Fair Fair Fair

60 9 Y Y


70 9 Y Y


70 9 Y Y


60 9 Y Severe dieback. If not

removed, Clear, Elevate, and Deadwood


70 9 Y

12 Austrian Pine 40 Private Good Fair Good

70 9 Y Lean


80 10 Y Y


80 10 Y Y


80 10 Y Remove bottom 3-4 whorls

16 White Spruce 33 Private Good Good Good

80 9 Y


80 9 Y Y

18 White Spruce 24 Private Good Good Good

70 8 Y Y Y


70 8 Y Y Y

20 Silver Maple 49 Private Good Good Good

70 9 Y


70 9 Y Severe dieback. If not

removed, Clear, Elevate, and Deadwood


70 9 Y Y



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70 6 Y Y


70 7 Y Y Y


60 9 Y Y Y


60 9 Y Y


60 9 Y


40 9 Y


20 10 Y


60 9 Y Y

31 Silver Maple 43 Private Poor Poor Poor

40 9

Y


40 9 Y Y

33 Littleleaf Linden 51 Private Good Good Good

60 9 Y Y Y

34 White Spruce 20 Private Fair Fair Fair

30 8 Y Y Suppressed

35 Norway Maple 44 Private Fair Poor Poor

40 9 Y Y Y


50 9 Y Y


30 9 Y

38 Littleleaf Linden 29 Private Fair Fair Fair

60 5 Y Dieback

39 Norway Maple 31 Private Dead Dead Dead

0 5 Y

40 Honey Locust 32 Private Fair Fair Fair

30 10 Y

*Sprouts <5 Private

Y Remove sprouts and suckers under 5 cm. Only maintained fruit or landscape trees.


40 9 Y Y Y

42 Honey Locust 19 Private Poor Poor Poor

30 6 Y Suppressed


40 6 Y


50 8 Y Y Y

Private

Y Remove Manitoba maple behind unit 38


50 9 Y Y



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50 10 Y Y


50 8 Y Y Y


50 10 Y Y


50 10 Y Y Y


90 6 Y Elevate to 2 m (do not remove >30% crown)

51 Honey Locust 40 Private Good Good Good

50 9 Y Y


40 10 Y Y


40 10 Y Y Y


40 10 Y Y

55 Norway Maple 32 Private Good Good Fair

60 10 Y Y


50 10 Y


50 9 Y


50 10 Y Y Y


50 10 Y Y


50 10 Y Y


50 10 Y Y


40 8 Y Y


40 10 Y Y


40 10 Y Y


50 9 Y Y


50 8 Y Y


50 8 Y Y Y


50 9 Y Y


40 8 Y Y


30 9 Y Y Clean stubs



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50 7 Y Y


50 9 Y Y


60 10 Y Y

74 Silver Maple 70 Private Good Good Fair

70 10 Y Y Y


70 8 Y Y

76 Littleleaf Linden 56 Private Good Good Good

80 10 Y Y Y


80 11 Y

Private

Y Remove Man. Maple and Cherry in Unit 78


40 8 Y


80 10 Y


40 8 Y

Private

Y Remove Buckthorn and Man. Maple Unit 29


50 10 Y Y Y Y


50 8 Y Y

83 Austrian Pine 30 Private Fair Fair Fair

20 10 Y


60 8 Y


40 5 Y Overcrowded. Remove or Elevate and Deadwood


50 9 Y Y Y Y


50 9 Y Y Y Y


80 12 Y Y


80 12 Y Y


30 11 Y

Neighbour

Y Neighbours Trees


30 12 Y


40 12 Y Y



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October 16, 2018




40 11 Y Y remove sprouts


30 9 Y


30 8 Y Y


60 10 Y Y

Private

Y Clear sprouts from Units 73-76


60 8 Y Y Y


60 8 Y Y Y


60 4 Y Elevate to 2 m (tree too small)


60 4 Y Severe Dieback, diseased/fungus


40 8 Y Clean Stubs


60 10 Y Y Y


80 10 Y Y


80 10 Y Y


40 5 Y Y Y


50 10 Y Y


80 10 Y Y Y


80 10 Y Y Y


70 8 Y Y


80 9 Y Y Y


60 10 Y Y Y Y


70 8 Y Y Y Y


70 13 Y Y Y Y


30 12 Y Y


30 10 Y Thin stand


20 11 Y



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October 16, 2018




70 10 Y Y


50 10 Y Thin stand


30 10 Y


80 4 Y


60 11 Y Y

Honey Locust 40 Private Fair Fair Fair

60 11 Y Y Two untagged trees behind unit 95

Honey Locust 45 Private Fair Fair Fair

60 11 Y Y

122 LittleLeaf Linden 34 Private Good Good Good

80 9 Y Y Remove suckers


20 10 Y


50 10 Y Y

125 White Birch 10 Private Good Good Good

50 5 Y Elevate to 2 m


70 8 Y


70 8 Y Y


70 8 Y Y


60 8 Y Y


60 8 Y Y


20 8 Y


60 8 Y Y


20 8 Y


70 10 Y Y Y

135 Honey Locust 31 Private Dead Dead Dead

0 9 Y


80 9 Y Y Y


70 8 Y Y


60 10 Y


60 10 Y Y



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30 8 Y Y


60 11 Y Y Y Remove bottom whorl


90 9 Y


30 10 Y Y Y


90 11 Y Y Y


30 11 Y


30 11 Y


80 12 Y Y Y


80 12 Y


60 7 Y thin stand


40 10


40 12 Y

152 Austrian Pine 32 Private Poor Poor Poor

20 8 Y


40 8 Y


70 12 Y Y

155 Buckthorn 14 Private Fair Fair Fair

60 5 Y Remove smaller stems


60 12 Y Y


80 12 Y Y


50 12 Y Y


50 12 Y Y Y


50 12 Y Y


50 12


50 10 Y Poor union. Clear Elevate if not removed.


70 12 Y Y


70 10 Y Y



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October 16, 2018




70 10 Y Y


50 7 Y


70 7 Y


50 11 Y


80 11 Y Bottom whorls


30 10 Y Y


70 11 Y Y


70 9 Y Y


70 9 Y Y Y


60 10 Y Y Y


70 10 Y Y


50 9 Y


30 9 Y Y


50 9 Y Y


70 9 Y Y Y


70 10 Y Y Y


80 12 Y Y Y


60 8 Y Y


80 9 Y


70 10 Y


70 10 Y Y

186 Norway Spruce 52 Private Good Good Good

80 12 Y


50 11 Y


70 11 Y Y


60 11 Y Y Y



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60 11 Y Y Y Y Remove wounded limb over house


60 10 Y Y Y Y


70 11 Y Y Y Y Y


70 11 Y Y


30 12 Y


30 11 Y


70 12 Y Y


30 11 Y


40 12 Y Y


30 12 Y


20 12


30 12 Y Y


30 20 Y Y


70 11 Y Y


70 10 Y Y Y

205 Austrian Pine 36 Private Fair Poor Poor

70 10 Y Remove, lean

206 Austrian Pine 37 Private Fair Poor Poor

20 10 Y Reemove codom stem


20 9


30 10


40 10 Y Y Y


40 10 Y Y Y Keep cedar


20 11 Y


50 10 Y Y Y


60 11 Y Y


70 8 Y Elevate to 2 m



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October 16, 2018




70 9 Y


70 10 Y Y


50 9 Y Y


50 9 Y Y


70 10 Y Y Y


50 6 Y Y Remove dead and deseased limbs, Elevate to 2m


60 8 Y remove canker limb


0 8 Y


30 9 Y


40 10 Y Y


30 10 Y Y


30 11 Y Y

Private

Y Remove dead cedars around tree


30 11 Y Y


40 11 Y Y


40 11 Y


40 11 Y Y

231 Norway Maple 50 Private Good Fair Good

60 9 Y Y Y Y


60 9 Y Y Y Y


30 11 Y


70 11 Y Y


70 11 Y Y Y


70 10 Y Y Y Y


60 10 Y Y Y


70 10 Y



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October 16, 2018




70 10 Y Y


30 10 Y


30 7 Y Y


70 8 Y Y


50 6 Y Y Remove 1 6" limb


50 6 Y Y


0 6 Y


50 7 Y Y


50 8 Y Y Y

Remove Private

Y Remove Suckers outside of 246


50 8 Y Y Y


50 8 Y Y Y


60 9 Y Y Y Y


80 10 Y Y Y


30 11 Y Y Y


30 11 Y Y Y


70 9 Y Y Y Y


70 9 Y Y


50 9 Y Y


70 7 Y Suppressed


50 10 Y Y Y


50 8 Y


50 9 Y Y Y


50 9 Y Y Y


50 10 Y Y Y



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October 16, 2018




30 11 Y Pruner cuts


30 11 Y


40 10 Y Diseased


40 10 Y Y


50 10 Y Y Y


50 10 Y


50 9 Y Y


50 8 Y Y Y

271 Silver Maple 38 Private Poor Poor Poor

70 8 Y

272 Norway Maple 32 Private Fair Poor Poor

70 8 Y Y *Candidate for removal


50 9 Y Y Dead leaders


60 9 Y


0 9 Y Canker


0 9 Possible removal. Follow up in spring-all leaves off no live buds found


40 10 Y Y


30 10 Y


80 10 Y Y


40 10 Y

281 Scots Pine 32 Private Fair Fair Fair

60 8 Y


60 11 Y

283 Crack Willow 55 Private Fair Fair Fair

20 12 Y Remove-tree prone to failure. Shades area heavily.


30 11 Y


30 11 Y


50 9 Y Y


60 10 Y Y



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October 16, 2018




30 9 y Suppressed


70 10 Y


70 11 Y Y


70 10 Y Y



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October 16, 2018



Appendix 1 – Photographs

Figure 1: Overgrown Areas of Limberlost. Elevate, remove suckers.



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Figure 2: Trail area. remove lower branches and shrubs. Clear back to fence line.



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Figure 3: Clear trees to allow sight lines to 4-5 times hieght of pole.



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Figure 4: Large trees that would benefit from deadwood and clearance pruning.



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Figure 5: Example of clearance pruning.



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Figure 6: Example of trees to be thinned (one or two trees selected for removal).



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Figure 7: Example of <5cm tree to be removed.



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Figure 8: Leaning tree to be removed (Tree 229)



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Figure 9: Widest angle photo of Tree 283 (Crack Willow, large tree at centre)) recommended for removal

©2018 Davey Resource Group, a Division of Davey Tree Expert Co. of Canada, Limited. All rights reserved. This document must be used in

whole with all pages and in conjunction with all other support documents and plans.

Appendix 2: Site Map (not to scale)

©2018 Davey Resource Group, a Division of Davey Tree Expert Co. of Canada, Limited. All rights

reserved. This document must be used in whole with all pages and in conjunction with all other support

documents and plans.

Appendix 3: Glossary of Common Arboricultural Terms

Arborist A professional who possesses the technical competence gained through experience and related training to provide for or supervise the management of trees and other woody plants in residential, commercial, and public landscapes.

ANSI A300 Acronym for American National Standards Institute. In the United States, industry-developed, national consensus standards of practice for tree care.

Bark Tracing Cutting away torn or injured bark to leave a smooth edge. Branch Bark Ridge

Raised strip of bark at the top of a branch union, where the growth and expansion of the trunk or parent stem and adjoining branch push the bark into a ridge.

Callus wood Undifferentiated tissue formed by the cambium, usually as the result of wounding. Clinometer A device used to calculate the height of trees. Consulting Arborist

An Arboricultural consultant is one of the following:

• American Society of Consulting Arborists, Registered Consulting Arborist (ASCA RCA#___)

• International Society of Arboriculture, Board Certified Master Arborist (ISA BCMA #_____B)

ISA Certified Arborist/Municipal Specialist in good standing for a minimum of 6 years with 6 years of proven experience in a management role related to arboriculture, and has attested and signed to a code of ethics related to arboriculture (ISA#______)

Compartmentalization

Natural defense process in trees by which chemical and physical boundaries are created that act to limit the spread of disease and decay organisms

Critical Root Zone – (CRZ)

Area of soil around a tree where the minimum amounts of roots considered critical to the structural stability or health of the tree are located. CRZ determination is sometimes based on the drip line or a multiple of dbh (12:1, 12cm of ground distance from the trunk for every cm of dbh) but because root growth is often asymmetric due to site conditions, on-site investigation is preferred.

Daylighting Also known as Hydro-vac, this is the process by which soil is vacuumed up. In the context of tree care this allows workers to access the soil below the roots without mortal damage to significant roots.

Dbh Acronym for tree diameter at breast height. Measured at 1.4m above ground. Decurrent Rounded or spreading growth habit of the tree crown. Directional Pruning

Providing clearance by pruning branches that could significantly affect the integrity of utility facilities or other structures, and leaving in place branches that could have little or no effect.

Dripline Imaginary line defined by the branch spread of a single parent or group of plants Excurrent Tree growth habit characterized by a central leader and a pyramidal crown.

Included bark Bark that becomes embedded in a crotch (union) between branch and trunk or between codominant stems. Causes a weak structure.

Lion’s Tailing Poor pruning practice in which an excessive number of branches are thinned from the inside and lower part of specific limbs or a tree crown, leaving mostly terminal foliage. Results in poor branch taper, poor wind load distribution, and higher risk of branch failure.



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MTPZ Acronym for Minimum Tree Protection Zone, also known as the Structural Root Zone (SRZ), which is the distance from the tree equal to 6 times the dbh, within which the likelihood of encountering roots that are direct structural supports for the tree.

Moment Rotational force that is created by any line force on a body. The magnitude of a moment is defined as the product of the force magnitude and perpendicular distance from the line of action of the force to the axis that the moment is being calculated about.

Mortality Spiral A sequence of stressful events or conditions causing the decline and eventual death of a tree.

Mulch Material that is spread of sometimes sprayed on the soil surface to reduce weed growth, to retain soil moisture and moderate temperature extremes, to reduce compaction from pedestrian traffic or to prevent damage from lawn-maintenance equipment, to reduce erosion or soil spattering onto adjacent surfaces, to improve soil quality through its eventual decomposition, and/or to improve aesthetic appearance of the landscape. Mulch can be composed of chipped, ground, or shredded organic material such as bark, wood, or recycled paper; unmodified organic material such as seed hulls; organic fiber blankets or mats; or inorganic material such as plastic sheeting.

Organic Matter Material derived from the growth (and death) of living organisms. The organic components of the soil.

CRZ Acronym for Critical Root Zone, also known as the Critical Root Zone (see definition above), within which there is a high likelihood of encountering roots that are necessary for the survival for the tree.

Project Arborist The consulting arborist retained to provide all tree preservation recommendations to the project manager or contractors on a given construction project.

Qualified Arborist

An arborist who has documented related training (i.e. ISA, MTCU, or equivalent) and on-the-job experience (minimum of 5 years)

Radial trenching

Technique for aerating the soil or alleviating compaction around a tree by removing and replacing soil (which may be amended) in trenches (typically 300mm deep and 150mm wide) made in a spoke like pattern (radially from the trunk) in the root zone to improve conditions for root growth.



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October 16, 2018



Reaction Wood Wood formed in leaning or crooked stems or on lower or upper sides of branches as a means of counteracting the effects of gravity.

Removal Cut A cut that removes a branch at its point of origin. Collar cut. Reduction Cut A pruning cut that reduces the length of a branch or stem back to a lateral branch

large enough to assume apical dominance. Resistograph® A brand name of a device consisting of a specialized micro-drill bit that drills into

trees and graphs density differences that are used to detect decay. Soft-Scaped Landscaping practices that do not involved solid or deeply-dug foundations. Patios

consisting of slab rocks laid on-top of the soil with minimal excavation and base (less than 10cm) and causing minimal damage to existing tree roots.

Static Support System

Cabling system that utilizes rigid materials such as rods and steel cables to limit movement and provide constant support of limbs.

Structural cells Modular system consisting of units of soil and integrated support structures that serve both as a foundation for paved surfaces and a hospitable environment for tree root growth,

Structural pruning

Pruning to establish a strong arrangement or system of scaffold branches.

Structural Soil™ Pavement substrate that can be compacted to meet engineering specifications yet remains penetrable be tree roots in the urban environment. Composed of angular crushed stone, clay loam, and hydrogel mixed in a weight ratio of 100:20:0.03. Developed at the Urban Horticulture Institute, Cornell University, Ithaca, NY.

Supersonic Air Excavation Techniques (SSAT)

A methodology using a device that directs a jet of highly compressed air to excavate soil. Used within the root zone of trees to avoid or minimizing damage to the roots, or near underground structures such as pipes and wires to avoid or minimize damage to them.

Tree Protection Zone – (TPZ)

Defined area within which certain activities are prohibited or restricted to prevent or minimize potential injury to designated trees, especially during construction. TPZ is sometimes based on a minimum multiple of dbh (e.g. 6:1, 6cm of ground distance from the trunk for 1cm of dbh)

Walls Trees have 4 walls in a process known as compartmentalization.

• Wall 1 prevents decay moving up and down in a tree

• Wall 2 prevents decay moving inward in a tree

• Wall 3 prevents decay moving laterally in a tree

• Wall 4 is the new growth formed on the outside of the tree, callus growth. Woundwood Lignified, differentiated tissues produced on woody plants as a response to

wounding.

Appendix 4 - Arborist Qualifications



1481 Limberlost

October 16, 2018



Appendix 4: Arborist Qualifications

Michael Petryk is an ISA Certified (ON-1691-A) Consulting Arborist for the Davey Resource Group

(DRG). He has completed programs in environmental and forest management from Trent University, Sir

Sandford Fleming College, and Humber College. Since graduating, he has gained experience working for

Conservation Authorities as a resource technician, and private tree companies as a climbing arborist. His

work with the DRG has included inventories for the Cities of Niagara, Ottawa, Leduc, and Mississauga,

and in writing Urban Forest Management Plans for varies municipalities around Canada.

Certifications

International Society of Arboriculture Certified Arborist (ON-1691-A)

Tree Risk Assessment Qualification

Ecosystem Land Classification

Butternut Health Assessor

Ontario Pesticide Applicators License

Appendix 5: References

1. ISA, 2001-2011. Best Management Practices, Books 1-9, Companion publications to ANSI A300

2. Duje siefken, Dr. Dirk, 2012. Director of the Institute for Tree Care in Germany, The CODIT

Principle, research presented on cambial regrowth on trees after injury at the Annual ISA

Conference in Kingston Ontario

3. Sinclair and Lyon, 2005. Diseases of Trees and Shrubs, Second Edition

4. ISA, 2010. Glossary of Arboricultural Terms

5. Neely and Watson, ISA, 1994 and 1998. The Landscape Below Ground 1 and 2

6. Matheny and Clark, ISA, 1994. A Photographic Guide to the Evaluation of Hazard Trees in Urban

Areas, 2nd Edition

7. Matheny and Clark, ISA 1998. Trees and Development, A Technical Guide to Preservation of Tree

During Land Development

8. PNW-ISA, 2011. Tree Risk Assessment in Rural Areas and Urban/Rural Interface, Version 1-5

9. Kuo, FE and W.C. Sullivan, 2001; Parker, TS. Forestry Research and Engineering. 2018.

Presence of trees can reduce crime.



1481 Limberlost

October 16, 2018



Conditions of Assessment Agreement

This Conditions of Assessment Agreement is made pursuant to and as a provision of Davey Resource Group, a division of The Davey Tree Expert Co. of Canada, Limited (“Davey”), providing tree assessment services

as agreed to between the parties, the terms and substance of which are incorporated in and made a part of this

Agreement (collectively the “Services”).

Trees are living organisms that are subject to stress and conditions and which inherently impose some degree or

level of risk. Unless a tree is removed, the risk cannot be eliminated entirely. Tree conditions may also change over

time even if there is no external evidence or manifestation. In that Davey provides the Services at a point in time

utilizing applicable standard industry practices, any conclusions and recommendations provided are relevant only to

the facts and conditions at the time the Services are performed. Given that Davey cannot predict or otherwise

determine subsequent developments, Davey will not be liable for any such developments, acts, or conditions that

occur including, but not limited to, decay, deterioration, or damage from any cause, insect infestation, acts of god or

nature or otherwise.

Unless otherwise stated in writing, assessments are performed visually from the ground on the above-ground

portions of the tree(s). However, the outward appearance of trees may conceal defects. Therefore, to the extent

permitted by law, Davey does not make and expressly disclaims any warranties or representations of any kind,

express or implied, with respect to completeness or accuracy of the information contained in the reports or findings

resulting from the Services beyond that expressly contracted for by Davey in writing, including, but not limited to,

performing diagnosis or identifying hazards or conditions not within the scope of the Services or not readily

discoverable using the methods applied pursuant to applicable standard industry practices. Further, Davey’s liability

for any claim, damage or loss caused by or related to the Services shall be limited to the work expressly contracted

for.

In performing the Services, Davey may have reviewed publicly available or other third- party records or conducted

interviews, and has assumed the genuineness of such documents and statements. Davey disclaims any liability for

errors, omissions, or inaccuracies resulting from or contained in any information obtained from any third- party or

publicly available source.

Except as agreed to between the parties prior to the Services being performed, the reports and recommendations

resulting from the Services may not be used by any other party or for any other purpose. The undersigned also

agrees, to the extent permitted by law, to protect, indemnify, defend and hold Davey harmless from and against any

and all claims, demands, actions, rights and causes of action of every kind and nature, including actions for

contribution or indemnity, that may hereafter at any time be asserted against Davey or another party, including, but

not limited to, bodily injury or death or property damage arising in any manner from or in any way related to any

disclaimers or limitations in this Agreement.

By accepting or using the Services, the customer will be deemed to have agreed to the terms of this Agreement, even

if it is not signed.

Acknowledged by:

Name of Customer: ______________________________

Authorized Signature: ______________________________

Date: ______________________________

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