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Home My WebLink AboutTree Replacement Program PLANT NAME MINIMUM DISTANCE FROM ON REMARK[ (IN FEET) CENTER. BOTANICAL NAME TRVD PVMT FENCE WALL PAVED EARTH (IN FEET) COMMON NAME WAY DITCH DITCH Cupressus. arizonica glabra 30 - 15 15 15 17 - TREE Smooth Arizona Cypress Cupressus macrocarpa 30 20 20 20 22 - TREE Monterey C~press Delosperma alba - 6 6 6 6 8 1 GROUND White Trailing Ideplant COVER Diplacus aurantiacus - 6 6 6 6 8 4 SHRUB Bush Monkey Flower Distictis buccinatoria - - 8 10 8 VINE Blood-Red Trumpet Vine Erythrina caffra 40 30 20 20 20 TREE Kaffir Boom Erythrina cristalgalli 30 20 20 20 20 TREE Cockspur Coral Tree Escallonia exoniensis - 10 8 8 8 10 6 SHRUB NCN Escallonia rubra - 10 8 8 8 10 6 SHRUB Red EScallonia Eucalyptus 9amaldulensis 40 20 20 15 17 -' TREE ~ed Gum Eucalyptus citriodora 40 30 30 15 17 - TREE Lemon-Scented Gum Eucalyptus 'cladocalyx 40 - 20 20 15 17 - TREE Sugar Gum Eucalyptus erythroco~ys 30 - 15 15 15 17 - TREE Red Cap Gum Eucalyptus ficifolia~ 30 - 15 15 15 17 - TREE Red-Flowering Gum Eucalyptus gunnil 30 - 20 20 20 22 TREE Cider Gum Eucalyptus nicholii 30 - 15 15 15 17 TREE Nichol's Peppermint Eucalyptus polyanthemos 30 - 15 15 15 17 TREE Silver Dollar Gum (NCN = NO COMMON NAME) PLANT NAME MINIMUM DISTANCE FROM ON REMARKS (IN FEET) CENTER BOTANICAL NAME TRVD PVMT FENCE WALL PAVED EARTH (IN FEET) COMMON NAME WAY DITCH DITCH Eucalyptus rudis 30 - 20 20 15 17 TREE Desert Gum Eucalyptus sideroxylon 30 - 15 15 15 17 - TREE Pink Ironbark Eucalyptus spathulata 30 - 15 15 10 12 - TREE Swam~ Mallee Eucalyptus viminalis 40 - 20 20 15 17 - TREE Manna Gum Euonymus fortunei radicans 20 20 20 20 22 15 SHRUB Trailinf Euonymus Euryops pectinatus 6 5 5 5 7 3 SHRUB NCN Ficua pumila - 10 12 4 VINE Creeping Fig Fremontodendron 'California Glory' 15 10 10 10 12 10 SHRUB Flannel Bush Fremontodendron mexicanum 15 10 10 10 12 10 SHRUB Mexican Flannel Bush Garrya elliptica - 15 10 10 10 12 10 SHRUB Coast Silk-TasseL Gazania rigens leucolaena - 6 6 6 6 8 1 GROUND 'Sunrise Yellow' COVER Gaza~ia Geijera parviflora 30 10 10 10 12 - TREE Australian Willow Gelsemium sempervirens - - k0 12 10 VINE Carolina Jessamine Grevillea 'Noellii' ~ - 8 8 8 6 8 6 SHRUB NCN Grevillea lanigera - 10 10 10 6 8 8 SHRUB Woolly Grevillea Hebe 'Co-ed' - 5 5 5 5 7 3 SHRUB NCN Hebe 'Desilor' - 5 5 5 5 7 3 SHRUB NCN (NCN - NO COMMON NAME) 4 "A Tree & Landscape Concern" ASSOCIATES FINAL ARBORICULTIJRAL REF~ORT ON EIJCALYPTUS WINDROW REFORESTATION FOR CITY OF FONTANA ATTENTION: YOUSUF PATANWALA 8353 SIERRA AVENUE FONTANA, CALIFORNIA 92334 SITE FOOTHII,L WINDROW PROGRAM FONTANA, CALIFORNIA PREPARED BY SAMUEl, L. KNAPP, ASCA CONSULTING ARBOR1ST FEBRUARY 5, 1991 Riverside 714/688-6043 · Post Office 8ox 8796 · Riverside, California 92515 · Fullerton 714/447-8811 TAB I_. E 011~' CONTI-NTS LETTER OF TRANSMITTAI .............................. 1 LIMITING CONDITIONS ............................... 2 CERTIFICATION ..................................... 3 PURPOSE ........................................... 4 SUMMARY ........................................... 4 SITE .............................................. 4 CLIMATIC ADJUSTMENTS ........................... 4 SOIL ANALYSIS .................................. 4 RAINFALL ....................................... 4 TREE SPECIES ........................................ 5 SIZES ............................. . ..... . ...... 5 SPACING RECOMMENDATIONS ........................ 5 SELECTION ...................................... 5 PLANTING DETAIL ..................................... 6 PLANTING ....................................... 6 MULCHING ..................... ~ ................. 6 IRRIGATION .......................................... 7 DRIP IRRIGATION ................................ 7 WATER SCHEDULE ................................. 7 FERTILIZATION ...................................... 8 MAINTENANCE ........................................ 8 CONCLUSION ......................................... 9 DIAGRAM A - CONCEPTUAL DESIGN ..................... 10 EXHIBIT 1 - KINKED AND CIRCLING ROOTS ............. 11 REFERENCES ........................................ 12 APPENDIX I ........................................ 13 APPENDIX II ....................................... 15 'AS S~(SCIAT E S PP LETTm-- R OF TRANSluI'I"TTAL February 5, 1991 Mr. Yousuf Patanwala Associate Engineer City of Fontana 8353 Sierra Avenue Fontana, California 92334-0518 RE: Foothill Boulevard Tree Replacement Program Dear Mr. Patanwala: In accordance with our agreement, attached is an arboricultural report regarding a eucalyptus reforestation program for the north side of Foothill Boulevard between Cherry and Lime Avenues. There has been some delay in submitting the report because the original scope of work was unclear, Cal Trans specifications had to be obtained, and the field work took longer than originally anticipated. For these reasons, we request an extension from January 20 to March 30, 1991. This report is subject to the attached Limiting Conditions and Certifications. Thank you for ].ooking to Knapp Associates for your arboricultural needs. I know that our knowledge will aid in your "green investment." Sincerely, Samuel L. Knapp, ASCA Consulting Arborist SLK:kd Attachments Riverside 714/688-6043 · Post Office Box 8796 · t3iverside, California 92515 · Fullerton 714/447-8811 LZHITZNG CONDZT ONS The certification of the arborist is subject to the following limiting conditions: 1. The study of trees is not an exact science. The opinions contained herein are those of the arborist. 2. No fractional part of this arboricultural report is to be used in conjunction with another report. Such use renders it invalid. 3. The arborist assumes no responsibility for hidden or unapparent conditions of the property, trees, soil, or subsoil that renders opinions more or less accurate. The arborist reserves the right to make adjustments to the contents. 4. Maps, plots, and exhibits included herein are for illustration only as an aid in visualizing matters discussed within the report. They should not be considered as surveys or relied upon for any other purpose, nor should they be used apart from this report. 5. The contents of this arboricultural report may not be chenged without the written permission of the arboriSt. 6. By reason of preparing this report, the arborist is not required to give testimony, or to be in attendance at hearln s with reference to the property or trees, without prior arrangements being made for such additional employment. 7. The arborist assumes that trees will be of "average" health at planting time. Samuel L. Knapp, ASCA Consulting Arborist -2- CERTI FI CATION 1. I have no past, present, or future interest in the property that is the subject of this report. 2. I have no personal interest or bias with respect to the subject matter of this arboricultural report or the parties involved. 3. To the best of my knowledge and belief, the statements of fact contained in this report, upon which analyses, opinions, and conclusions expressed herein are based, are true and correct, and the arborist has not knowingly withheld any significant information. 4. This arboricultural report has been made in conformity with, and is subject to, the requirements of the Code of Ethics of the American Society of Consulting Arborists. 5. My fee for preparing this arboricultural report is not in any sense contingent upon the contents of the report herein; nor contingent upon anything other than the delivery of this report. 6. Conclusions and opinions concerning the contents in this report were prepared by the arborist whose signature appears on the report. No change of an item in the report shall be made by anyone other ~han the arborist. 7. The International Society Of Arboriculture and the American Society of consulting Arborists conduct a voluntary program of continuing education for its certified members. Certified arborists who meet the minimum standards of this program are awarded annual education certifications. Samuel L. Knapp, ASCA Consulting Arborist -3- PURPOSE The purpose of this arboricultural report is to provide the City of Fontana with a eucalyptus windrow reforestation plan. The environmental principles set forth apply toward maintaining this ecosystem and plant community. Project success relies heavily on installation, maintenance, and consulting arborist inspection. SITE CLIMATIC ADJUSTMENTS There will be climatic changes in the general area due to increased construction activities. Hot summer winds and enough to cool themselves. A moist soil is very important to provide more humidity and a cooling effect. Mulches play an important role in favorably modifying soil temperatures. The average winter minimum temperature is 36 degrees, with the average maximum summer temperature being 102 degrees. The growing season is 300+ days per year. SOIL ANALYSIS The soil reaction was slightly alkaline, with a low lime content, and the boron concentration well below the toxic range. The salinity (ECe) level is low, and based on the soluble sodium, is well balanced by calcium and magnesium. In summary, the soil area represented by the samples is suitable for plant growth. The available nitrogen and phos horus are low with a potassium moderate. The overall fertility levels are below the desired range. In fact, based on the nitro en data in particular, we should be adding additional ~ertilizer to achieve the desired plant growth. The fertilizer recommendations will be under "fertilization" in this report. RAINFAll. The average rainfall is 12± inches per year which classifies this area as an arid environment. -4- TREE SPECIES The following species are recommended; however, the red gum is preferred: Eucalyptus camaldulensis - Red Gum An evergreen which grows 80-120 ft., typically with a curved trunk, spreading crown, and graceful weeping branches. Fine desert tree and endures alkaline soils. Excellent tree for highways~ broad streets, or parks. Eucalyptus rudis - Desert Gum A drought tolerant evergreen shade tree which grows upright and spreads 30-60 ft. Grows well in the desert in gravelly soils with excellent drainage. Excellent tree for shade or street. SIZES I would recommend 3-6 inch seedlings or 1 gallon size for the eucalyptus species. This smaller size adapts faster and better to the planting environment. "Check the size of your seedling in proportion to its pot. Do not buy any seedlings that are over 6 inches high, you will simply be wasting money. Your seedling should be no taller than twice the pot depth. The best seedling will only be as tall as the depth of the pot. A 3-inch tall seedling planted out of a 3-inch deep pot will out grow a 15 gallon eucal ptus. There is a negative relationship between the s~ze of your seedling and cost effectiveness. Smaller seedlings are much more cost effective." (1) SPACING RECOMMENDATIONS The conceptual desi n would be placement of eucalyptus trees in a double w~ndrow. In conjunction with Cal Trans specifications, trees should be planted 30-40 feet from the curb, 8 feet apart horizontally, and 10 feet apart vertically. Trees must also be 10-20 feet away from any hardscapes (See Diagram A). SELECTION Three paramount items for selection would be root structure, trunk foliage, and arborist inspection. Make sure, by hysical inspection, that the nurseries have cut the seedlYng's taproot when shifting to larger container sizes. This promotes lateral root growth, thereb limiting circling/spiraling root systems common w~th container grown plants (see Exhibit 1 on kinked and circling roots). For optimum tree success, seed source should be known. All plants must have lower foliage remaining on the trunk. The lower foliage helps to protect the tree from wind, heat, cold, and desiccation, and is an added food source. Leaving the lower laterals on the main trunk also promotes better structural support so that staking is not necessary. Optionally, nursery stock should NOT have stakes. Stakes in the nursery will necessitate stakes in the field. If staking is required, refer to U.C. leaflet #2576. Nurseries and plants must be arborist selected/inspected to ensure plant quality. PLANTING DETAIL PLANTING * Site must be prepared for planting if soil is compacted. , Entire plant zone {]hould be ripped or aerated to a 3 foot depth. , Water the hole prior to planting to saturate soil and observe soil drainage. , Unamended native soil would be suitable backfill material. No rocks over 2-3 inches in diameter. , The hole should be twice the width of the container or root ball. , Plant "high." Dig the hole no deeper than necessary-- soil may lead to future crown rot m ~HING Use a coarse woodchip mulch to conserve moisture, limit weed growth, and improve water/oxygen infiltration. Mulch main ains favorable soil temperatures and encourages t fibrous root development. The mulch and decomposing leaves may be essential for the beneficial mycorrhizal fungi. , Spread coarse woodchips 4-6 inches in depth throughout the root zone. -6- DRIP IP~IGATION Subterranean drip irrigation is the most appropriate method of irrigating t~e windrows. Plants will need supplemental water when there has been less than 18+ inches of rainfall. Dri~ irrigation is the term used to describe a method of irrigation which is characterized by the following features: , Water is applied at a low pressure delivery. * Water is applied over a long period of time. , Water is applied directly into the plant's root zone. Water enters the soil from emitters (small mechanical devices), moving into the root zone of the plant. In this way, the plant's absorption of moisture and elements are replenished as needed, thereby limiting water stress. All the drip irrigation should be completely covered by 2-4 inches of soil. Emitters must be placed at the rootball and extend to a 12-foot radius beyond the stem. In the first 1 through 3 growing seasons, the emitters at the base of the trees should be plugged so that no watering will occur within approximately a 3-foot radius of the tree crowns. Most of the root volume of oung container plants occupies a rather limited area, particularly through the first growing season. Lighter and more frequent watering will be needed until the roots become established in the native soil. WATER SCHEDD'LE The soil around the rootball must be kept moist, but not saturated. The use of a moisture sensing device and/or soil probe is recommended. The watering must be adjusted for environmental conditions. Irrigation guidelines for planting trees are as follows: , The first 3 months after planting, watering should be done 2-3 times per week. * The following 3 month period, watering should -7- be done once every week. · The following 3 month period, watering should be done once every 2 weeks. · The following 3 month period, watering should be done once every 3 weeks. · The following 6 month period, watering should be done once every 4 weeks. · Trees will need summer watering for 1-6± years. FERTILIZATION Eucaly tus trees do not normall~ require large amounts of fertilizer. The plant's leaf litter generally sup lies enough elements in most natural situations. Fertil- ization will be needed during the first 5 years. Fertilize during the rainy season. To aid in plant development, I would recommend the following schedules: , On the 3rd and 6th month following planting, trees will be fertilized with a 16-4-4 slow- release fertilizer. * Soil tests will be performed by Knapp Associates to determine the appropriate concentrations and placement. ]~ I NTENANCE Shaping Or Pruning Trees: Generally, the tree's natural form is best. Depending on plant size, selective structural pruning should be done during the first 5 years of the project. Prune only dead and broken branches at planting time. After the first year, prune out only dead, broken, and crossing branches. Inspection must be made for insects and diseases and can generally be kept in check by natural controls. , After 6 months, dig down to check extent of new root growth per Knapp Associates' field example. * Observe youn trees for otential rowth problems: * every month for the f~rst 6 months * check quarterly every two years * check biannually thereafter CONCLUSION Inspection and testing of the work is a vital part of the entlre reforestation ~rocess. Details should be inspected by a consulting arborlst, during and after the planting process. Post care is extremely important. It is my opinion that the site conditions will work well with the windrow reforestation program. Sincerely, Samuel L. Knapp, ASCA Consulting Arborist SLK:kd -9- NOTE- ,,~LL, 3HOLJLD AI, v'.4 Y FRO,,'~ H,4,,?D ScAPE. S. FOOTH//I B/V'D. -,....~' .~ ~,"_~.~~ ...~, · ,, ~'I ,, ,,~!'? ,,"~' ~~ ,,/,~ still outline the shap~ of a 100-ram (4-In) square pot because they were not pruned ~nd straightened when moved up to the 4-1 can, The root of a field-grown Monterey pine (bottom) Is severely kinked. Kinkin8 occurred ~t the first transplanting in the greenhouse. None or these root systems could now be pruned to make planting In the landscape worthwhile. (Harris and others 197 ~ ) REFERENCES (1) Introduction to Eucalyptus Farming, Clifford Weedman, Ph.D. and Rod KazanJian, August, 1983, pages 23-24 Arboriculture, Care of Trees, Shrubs, and Vines in the Landscape, Richard W. Harris, Prentice Hall, 1983 -12- APPENDZX · SOIL ANALYSIS Soil reaction is moderately alkaline with lime content low and boron concentration below the toxic range. The salinity (ECe) level is satisfactorily low, and based on the SAR value, soluble sodium is adequately balanced by calcium and magnesium. In summary, the soil area represented by the samples received is nonsaline and nonsodic in nature. Available nitrogen is low with phosphorus high optimum and potassium mid to hi h optimum. Calcium and magnesium levels are also satisfactory. A maintenance fertilizer program should be employed. Ammonium sulfate will have acidifying effect on the soil. Additional soil testing should be performed before planting. -13- SOIL FERTILITY AND MICRONUTRIENT ANALYSIS Sam Half ple Sat. # % pH ECe Sample Description Parts Per Million Dry Soil NO3 NH4 PO4 SAT EXT N N P K Ca Mg Cu Zn Mn Fe B PPM 23 4 72 180 2310 377 5 29 13 73 0.36 Half Saturation % = Approximate field moisture capacity. ECe (mmhos/cm at 25 degrees C.) by saturation extract method. Major elements by sodium acetate and sodium bicarbonate extraction. Micronutrients by DTPA extraction except boron as ppm in saturation extract. AGRICULTURAL S U ITABILITY ANALYSIS (A-02) Sam Half ple Sat. Qual # % pH SAR lime Sample Description saturation Extract Values Ca Mg Na K B ECe Me/1 Me/l Me/1 Me/1 ppm 1.2 4.8 3.2 4.3 0.6 0.34 Half Saturation % = Approximate field moisture capacity. ECe-mmhos/cm at 25 degrees C. SAR-Sodium Adsorption Ratio -14- INTRODUCTION This plant list has been developed as an aid for selecting and spacing appropriate plant mater~al for highway planting projects. Many species included in this list have been used successfully since the 1940's, while others have been more recently introduced. It is recognized that California, with ice diverse soil and climatic conditions, will not sustain all the listed plants in every location and therefor the plant pallet for any g~ven project must be carefully chosen. Minimum setback and on center spacing of plants should be followed unless special circumstances require an adjustment to meet unusual site ~onditions or other District requirements. All safety requirements must be met including, but not limited to, those set forth in the Highway Design Manual and those based on FI-IWA guidelines. PLA/qT NAME MINIMUM DIST~/~CE FROM ON REM3~R3 (IN FEET) CENTER, BOTANICAL NAME TRVD PVMT FENCE WALL PAVED EARTH (IN FEET) COMMON NAME WAY DITCN DITCH Cupressusarizonica glabra 30 - 15 15 15 17 TRE}, Smooth Arizona Cypress Cupressus macrocarpa 30 - 20 20 20 22 TREP Monterey Cypress Delosperma alba 6 6 6 6 8 1 GROUN White Trailing ICeplant COVEI Diplacus aurantiacus 6 6 6 6 8 4 SHRUI Bush Monkey Flower Distictis bucoinatoria - 8 10 8 VIN[ Blood-Red Trumpet Vine Erythrina caffra 40 30 20 20 20 TRE[ Kaffir Boom Erythrina crista-galli 30 20 20 20 20 TREP ~ockspur Coral Tree Escallonia exoniensis - 10 8 8 8 10 6 SHRU NCN Escallonia rubra 10 8 8 8 10 6 SHRU' Red Escallonia Eucalyptus camaldulensis 40 - 20 20 15 17 - TRE} Eucalyptus citriodora 40 30 30 15 17 - TRE~ Lemon-Scented Gum Eucalyptus cladocalyx 40 20 20 15 17 TRE} ~tar Gum Eucalyptus erythPocorys 30 15 15 15 17 TRE} ~e~l_CaXx_Gum Eucalyptus ficifollai 30 15 15 15 17 TREI B~e~d-Flowering Gum Eucalyptus gunnii 30 - 20 20 20 22 TREI Cider Gum Eucalyptus nicholii 30 15 15 15 17 TREI Nich~l'a_P3pperminL Eucalyptus polyanthemos 30 ~ 1S 15 15 17 TRE} Silver Dolla/L_Gum (NCN = NO CO~LMON NAME) 3 PLANT NAME MINIMUM DISTANCE FROM ON REMAR/w (~N FEET) CENTER BOTANICAL NAME TRVD PVMT FENCE WALL PAVED EARTH (IN FEET) COMMON NAME WAY DITCH DITCH Eucalyptus rudis 30 20 20 15 17 TREE Eucalyptus sideroxylon 30 15 15 15 17 TREE Pink Ironbark Eucalyptus spathulata 30 15 15 10 12 TREE Swamp Mallee Eucalyptus viminalis 40 20 20 15 17 TREE Manna Gum Euonymus fortunei radicans 20 20 20 20 22 15 SHRU} Traili~f Euonymus Euryops pectinatus 6 5 5 5 7 3 SHRU[ NCN Ficus pumila - 10 12 4 VINE ~r~_eping Fig Fremontodendron 'California Glory' 15 10 10 10 12 10 SHRU} Flannel Bush Fremontodendron mexicanum - 15 10 10 10 12 10 SHRU} Me~icarL_~il~ush Garrya elliptica - 15 10 10 10 12 10 SHRU~ Coast Silk-TasseL Gazania rigens leucolaena 6 6 6 6 8 1 GROUK 'Sunrise Yellow' COVE~ Gazania Geijera parviflora 30 - 10 10 10 12 - TREE Auat~alian_W/1lo_w' Gelsemium sempervirens - 10 12 10 VINE Carolina JesEamine Grevillea 'Noelill' 8 8 8 6 8 6 SHRU} NCN Grevillea lanigera 10 10 10 6 8 8 SHRU} Hebe ~Co-ed~ 5 5 5 5 7 3 SHRU! NCN llebe 'Desilor' 5 5 5 5 7 3 SHRUI (NCN = NO COMMON NAME) 4 City of Fontana CALIFORNIA CERTIFIED MAIL February 1, 1991 Mr. Samuel L. Knapp 5161 Golden Avenue Riverside, California 92505 RE: Foothill Boulevard Tree Replacement Program Dear Mr. Knapp: The Consulting Services Agreement between the City and Knapp Associates specifies a (30) day time period for completion of this report. This time period has already expired. Therefore, you are now requested to inform the City in writing the current status of your progress and time extension needed by February 8, 1991. If you have any questions, please contact me at (714) 350-6645. Sincerely, Ray Wellington, P.E. Interim City Engineer By:~.u~s ' uf Patanwala Associate Engineer cc: C. Sweet G. Bucknell R. Thomas 8353 SIERRA AVENUE(P.O, BOX518) · FONTANA, CALIFORNIA92334-0518 · (714)350-7600 SISTER CITY- KAMLOOPS, B.C. CANADA 9B )AGENDA ITEM CITY COUNCIL ACTION REPORT DECEMBER 4, 1990 CONSENT CALE]i)AR Meeting Date Agenda P1 acement TO: Nayor and City Council FROM: Annivory Calvert, Public Works Director INITIATED BY: Yousuf Patanwala, Associate Engineer~,~ SUBJECT: Appropriation of Funds for Consulting Services of an Arborist to Develop a Tree Replacement Program for Foothill Boulevard Between Cherry Avenue and Lime Avenue TO APPROVE APPROPRIATION IN THE AMOUNT OF $3,000 FOR PROFESSIONAL SERVICES OF AN ARBORIST TO DEVELOP A TREE REPLACEMENT PROGRAM FOR THE REPL/U;EMENT OF TREES REMOVED IN CONNECTION WITH THE FOOTHILL/BEECH SEWER PROOECT, WITH APPROPRIATION TO BE TO ACCOUNT NO. 071-7239-2900. Imer. kq' IMPACT: Yes I:1 No Resol uti on No. 90-41 adopted on January 27, 1990, establ i shed a Tree Replacement Account with contributions to the fund to be based upon the repl acemerit value of $300 per tree for the 147 trees affected by the Foothill/Beech Sewer Project. Funds are available in the Tree Replacement Account, Fund No. 071-0273-0000. lmmurr IMP ,,'T: I_l Yes The tree replacement program is a mitigation measure required in the Negative Declaration adopted on December: 5,- 1989 for the Foothill/Beech Sewer Project. BACI(~= On December 5, 1989, the City Council adopted a Negative Declaration for the Foothill/Beech' Sewer ~ th. oject. The Negative Declaration requires the establishment of a Tree~ Rep)acement Program under which a fund is to be established v~qich will be used for the replacement of the trees affected by the project. Caltrans' permit: requires the establishment of a separate reserve fund for the replacement of trees on Foothill Boulevard. The monies in this fund can be spent on tree replacement for Foothill Boulevard only. dUa'I'IFIC~TIOIh The Tree Replacement Program is a requiremeet of the Negative Declaration. The consulting services of an arborist will help the City develop a Tree Replacement Program in conjunction with Caltrans for Foothill Boulevard between Cherry Avenue and Lime Avenue, A~AClIMENTS: .' 1. Minute action of the City Council meeting of December 5, 1989 2. Resolution No. gO-41 3. Letter to Celttans dated April 18, 1990 4. Celttans' response dated May 3, lggO SUBMITTED Y REVIEWED BY: RECOHi!~ ., Environmental Protec ion Steve Deitsch nager Manager City Attorney For Annivory Calvert Public Works Director AC:YP:wp A DEPARTMENT OF TRANSPORTATION ""~ Mr. Robert W. Weddle Deputy ~blic Works .Director/City Engineer City of Fontana P.O. Box 518 Fontana, CA 92334-0518 Dear Mr. Weddle: Please refer to your letter of April 18, outlining the City of Fontana's proposed use of the Tree Account for Foothill Boulevard from Cherry Avenue to Lime Avenue. Caltrans agrees with your proposed use of the Mitigation Fund. Very truly yours, ROBERT H. THOMPSON Deputy District Director Maintenance [n order to insure that the trees will be planted in the streetscape at the time Foothill Boulevard is widened to its full width, the City of Fontone will establish a tree program. Money will be placed in the tree program using the following guidelines: 1. Before t~e project begins, a certified arboreat will verify the number of trees, which have to be removed for the project. along Foothill Boulevard and the proposed Beech Avenue. The condition and trunk size o? each o? these trees will determined by the arboreat. Z. For the trees which have to be remove4 along Footni 11 Boulevard, the City will Flm 171.~ tl ) TeN FPqrm every tr~ Path mvem~ e l~~ I- ~mr of 8' less. For every tr~ raIN' ~ a~l ~ ~ 'dt~tmr of 9' or Nre, $3~ will N plscH tn t~ Tree Fund. a For the trees whic~ have to be teNred for the project private property along t~e future 6eech Avenue, the City will negotiate wit~ the private property o~ers. If the o~er agrees to maintain ~e trees, the CtZy will plant trees ~n t~e private property of the resident per t~e schedule established for the trees along Foothill Boulevard. Honey placed tn this tree program will be used to plant trees along Foothill Boulevard and vicinity where not already required by development standards. 5.a. The removal of the Eucalyptus trees may change the number of birds and small rodents in the area. Hoover, with the planting of new trees in the streetscape, the birds and small rodents may return. 6.a. There will be an increase in noise level dul to construction equipment, but will it be mittBated by enforcingistateAlaws for keeping their noise level within pe~'missible ltm to. leo. the hours of construction will be limited to 7 a.m. to 6 p.m. lob. The project may inter?ere with normal mrgency operations. All utility companies, Police and Fire will be notified at least a week in advance of the section of the project on which work will be taktnl place. In addition, the contractor will be required to follow the Article 7-I0 of the Standard Specification for Public Works Construction, which addresses public convenience and safety. ANTICIPATE/) DOLLAR Ale]lilT TO BE DEPOSITE]) LIeER TREE ACCOUNT FOR CONSTRUCTION OF FOOTHILL TRUll 5EMER LINE (I} (2) (31 (41 (5) (61 (7/ TOTAL VALUE TREES TREES BAD ADDING TOTAL NO UNDER OVER OR DEAD COLURNS NO. LOCATION OF TREES 8" DBH* 8" DBH TREES 4 & 5 REHARK$ I Hemlock to 22 I x 75 20 x 300 1 $6075.00 To be Beech - 75 - 600 deposited from City Sewer Fund 2 Beech to 64 g x 75 51 x 300 4 $15975.00 To be Lime = 675 = 15,300 deposited from City Sewer Fund 3 Cherry to 61 6 x 75 53 x 300 2 $16350.00 To be Hemlock · 450 - 15,g00 deposited by Fontana Heritage West End Associates $38,400.00 *DBH = Diameter Breast Height Mr. Robert Thompson April 1B, lggO Page 2 Should the dollar amount to be deposited and the proposed use of the fund be agreeable with your agency, we would appreciate a written confirmation. If you have any questions, please contact me at {714) 350-7613. Sincerely, Robert W. Weddle, P.E. Deputy Public Works Director/City Engineer RWW:bjp Enclosure cc: A. Beard L. Donnell C of Fontana LIFORNIA April 18, 1990 Mr. Robert Thompson, Deputy Director-Maintenance Celttans District 8 247 West Third Street San Bernardino, CA 92402 Re: Foothill Boulevard Fontana - Tree Program Dear Mr. Thompson: As was previously discussed with you, the City of Fontana is establishing the tree account as a mitigation measure for the Foothill Boulevard sewer project, which is located on the north side of Foothill from Cherry Avenue to Lime Avenue. According to our calculations, as shown in the attached chart, a total of $38,400 will be deposited in this account. The City tentatively proposes to use the funds in the following manner: 1. Approximately $22,000 will be allocated to the preparation of a concept landscape plan to be used for Foothill Boulevard. This plan would be submitted for Caltrans approval. 2. Approximately $8,200 will be allocated to the planting of replacement trees along the north side of Foothill Boulevard in Caltrans ultimate right-of-way. These trees will be placed in the areas where the property owners have agreed to maintain the trees until such time as Foothill Boulevard is fully improved. Any plantings in Caltrans right-of-way will be by a permit issued by Caltrans. 3. The remaining $8,400 will be allocated for the planting of replacement trees in the public right-of-way where needed along Foothill Boulevard, and as per Celttans permit approval. 8353 SIERRA AVENUE ( R O. Box 518) · FONTANA. CAL&FORNIA 92334.0518 · (714) 350-7600 SISTER CITY -- KAMLOOPS, RC, CANADA City Clerk I, Martha R. 5teenbock, City Clerk of the City of Fontaria and Ex-Officio Clerk of the City Council, do hereby certify that the foregoing Resolution was duly and regularly adopted at a regular meeting thereof, held on the 27thday of F~_b~ , 1990, by the following vote, to-wit: AYES: Mayor S~.~on, .Council Me/n~ers Aber~thy, Boyles, ~a~ess, NOES: None ABSENT: ~:one City Cler~ of the C~y 0f Fontana APPROVED AS TO FOP, H: ~ity Attorney C of Fontana LIFORNIA April 18, 1990 Mr. Robert Thompson, Deputy Director-Maintenance Caltrans District 8 247 West Third Street San Bernardino, CA 92402 Re: Foothill Boulevard Fontaria - Tree Program Dear Mr. Thompson: As was previously discussed with you, the City of Fontana is establishing the tree account as a mitigation measure for the Foothill Boulevard sewer project, which is located on the north side of Foothill from Cherry Avenue to Lime Avenue. According to our calculations, as shown in the attached chart, a total of $38,400 will be deposited in this account. The City tentatively proposes to use the funds in the following manner: 1. Approximately $22,000 will be allocated to the preparation of a concept landscape plan to be used for Foothill Boulevard. This plan would be submitted for Celttans approval. 2. Approximately $8,200 will be allocated to the planting of replacement trees along the north side of Foothill Boulevard in Caltrans ultimate right-of-way. These trees will be placed in the areas where the property owners have agreed to maintain the trees until such time as Foothill Boulevard is fully improved. Any plantings in Caltrans right-of-way will be by a permit issued by Caltrans. 3. The remaining $8,400 will be allocated for the planting of replacement trees in the public right-of-way where needed along Foothill Boulevard, and as per Caltrans permit approval. 8353 SIERRA AVENUE (P O BOX 518) · FONTANA. CALIFORNIA 92334-0518 · (714) 350-7600 SISTER CITY -- KAMLOOPS, B.C. CANADA Mr. Robert Thompson April 18, lggO Page 2 Should the dollar amount to be deposited and the proposed use of the fund be agreeable with your agency, we would appreciate a written confirmation. If you have any questions, please contact me at {714} 350-7613. Sincerely, Robert W. Weddle, P.E. Deputy Public Works Director/City Engineer RWW~bjp Enclosure cc: A. Beard L. Donnell ANTICIPATE]) DOLLAR A/N)AJ(T TO BE DEPOSITVII IJiDER TREE ACC(NJiT FOR COMS'rRUCTION OF FOOTHILL TRUIIC SEWER LINE ~) (2) (3) (~) ~5~ (6) (7) ~s~ TOTAL VALUE TREES TREES BAD ADDING TOTAL NO UNDER OVER OR DEAD COLUMNS NO. LOCATION OF TREES 8" DBH* 8" DBH TREES 4 & 5 REMARKS 1 Hemlock to 22 1 x 75 20 x 300 1 $6075.00 To be Beech : 75 = 600 deposited from City Sewer Fund 2 Beech to 64 9 x 75 51 x 300 4 $15975.00 To be Lime = 675 = 15,300 deposited from City Sewer Fund 3 Cherry to 61 6 x 75 53 x 300 2 $16350.00 To be Hemlock = 450 = 15,900 deposited by Fontaria Heritage West End Associates $38,400.00 *DBH = Diameter Breast Height Page 2 In order to insure that the trees will be planted in the streetscape at the time Foothill Boulevard is widened to its full width, the City of Fontaria will establish a tree program. Money will be placed in the tree program using the following guidelines: 1. Before the project begins, a certified arborist will verify the number of trees, which have to be removed for the project, along Foothill Boulevard and the proposed Beech Avenue. The condition and trunk size of each of these trees will be determined by the arbortst. ~ 2. For the trace ~ic~ have to be r~a~vNl el ong Foothi 11 t Boulevard, the Cty will plac~ $Y8o~ tM ~ TrM less. a t ' of 9' or ~re, $3~ w~]T ~'p~ac~ ~n t~ Tree Fund. For t~e trees w~c~ ~ave to ~e removed ~or t~e p,~ject on private property along t~e ~uture 8each Avenue, negotiate w~t~ t~e private property o~ers. If the property o~,r agrees to matneath tn. tr..., the Ctty wtll plan~ trees on the prtvate property o~ the restdent per ~he schedule established for the trees along Footht11 Boulevard. Noney placed tn this tree program ~111 be used to plant trees aIong Foothill Boulevard and vtc~ntty ~ere not already required by development standards. 5.a. The removal of the Eucalyptus trees may change the number of birds and small rodents in the area. However, w~th the planttng of ne~ trees in the streetscape, the btrds and smell rodents may return. ~.a. There will be an increase Jn notse level due to construction equipment, but' will tt ~e mitigated by enforcing state laws keeptng their notse level wtthtn pe~,mtsstble ltmtts. Also, the hours of construction will be lietied to 7 a.m. to 6 p.m. 10b. The project May Inter?ere wtth normal eeergency operations. All uttlity coepantes, Police and FIre w~11 be notlfted at least a week in advance of the section of the project on whtch work w~ll be re&trig place. In addition, the contractor w~11 be required to ?ollo~ the Article 7-~0 of the Standerd Spectftcetlon for Public ~orks Construction, which addresses publlc convenience and safety. DEPARTMENT OF TRANSPORTATION Mr. Robert W. Weddle Deputy Public Works Director/City Engineer City of Fontana P.O. Box 518 Fontana, CA 92334-0518 Dear Mr. Weddle: Please refer to your letter of April 18, outlining the City of Fontana's proposed use of the Tree Account for Foothill Boulevard from Cherry Avenue to Lime Avenue. Caltrans agrees with your proposed use of the Mitigation Fund. Very truly yours, ROBERT H. THOMPSON Deputy District Director Maintenance "" "* AGENOA ITEHJS_~ CITY COUNCIL ACTION REPORT FEBRUARY 27, 1990 CONSENT CALBIDAR Meeting Da~e Agenda Placement TO: Mayor and City Council FROM: Annivory C. Beard, Public Works Director INITIATED BY: Laura Dale, Administrative Analyst II SUBJECT: REPORT ON CALTRANS' AGREEMENT TO REINSTATE THE CITY'S PERMIT TO CONSTRUCT FOOTHILL/BEECH SEWER INTERCEPTOR AND ESTABLISHMENT OF A TREE REPLACEMENT ACCOUNT TO REPLACE TREES REMOVED IN THE CONSTRUCTION OF THE PROJECT. ~ A6TION PI~5'fED: To adopt Resolution No. 90- ~'~ , TO ESTABLISH A TREE REPLACEMENT ACCOUNT FOR THE MITIGATION FOR THE CONSTRUCTION OF A S~q~ER INTERCEPTOR ALONG FOOTHILL BOULEVARD ANO BEECH AVENUE AND TO DIRECT THE FINANCE DIRECTOR TO ESTABLISH THE TREE REPLACEMENT ACCOUNT, IN ACCORDANCE WITH THE CITY'S RESPONSIBILITY TO PROVIDE FOR THE HEALTH, WELFARE, ANO SAFETY OF THE CITIZENS RESIDING NORTH OF FOOTHILL BOULEVARD IN THE CITY OF FONTANA. mmu Iwp~c~: {X'{ yes {"l No The City will transfer money from the sewer fund to an environmonta] mitigation account to pay for the replacement of the trees removed in the construction of this sewer project. This account will be established by the Finance Director. I~Vl{U~!mA~ IMPACt: {_1{ Yes {_{ No At their meetin9 of Oecember ~, 198g, Cound] approved a NeSative Oedaration for the construction of the sewer line in Foothill Boulevard from Hemlock to Lime and in Beech Avenue from Foothill to Bas~]ine. At their Oecember S, lg89 meetinS, the ~ounct] authorized the Public Works Department to advertise for bids on the construction of a sewer line in Foothill Boulevard from Hm]o~k to Lim~ and in Beech Avenue from Foothill to Baseline. Council also approved a Ne~attvm Oedaratton for the proj~t wh{ch tnduded a s~eda] m{ttSatton m~asurm with respect to the required romova] of the eucalyptus tree row a]on9 Foothill Boulevard and Beth Avenue. This mitigation measure established ~he tree rep]ac~m~n~ proSram fundmt by a contribution from the sewer fund. These funds are to be pla~ed in a restricted account which can be used solely to plant rep]ac~n~ treem a]on~ Foothill/Beech or local environs. Hemorandum TO: Ed Okuma, DeDu~y F~nance Director :~cou~n~ ,....:::; :::::::::::::::::::::::: 5~B~T: ~ooth~ ee c August 1~, 1990 The ~ty ~ounc~l a~proved a recluest to eetablish a tree replacement account for the Foothill/Beech Sewer ~nterce~tor ~ro~ect on Although th~ eccount would have ~een created in the c~pitsl pro~ect~ ~udget for ~Y 90-91, that ~udget hae no~ yet been approved. The sewer pro~ect ~e moving forward, and we need to reserve these fund~ as soon as possible. of the approved agenda item. The tree reserve account should beestablished in the sewer capital fund, 071, in the following amounts: Foothil~ Boulevard $43,500 Beech Avenue $52,500 If it is easier to simply designate those accounts as reserved funds without actually carrying over those accounts from year-to- year, please let me know. The commitment we made to CALTRANS included estabqishing a replacement account for Foothill 8puleyard only and furnishing them with a yearly audit of those funds, thus we may not be able to simply reserve the money for Foothill. The Beech Avenue tree account is separate from the CALTRANS agreement and may be handled separately. Please let me know what works for you (x 6793). Thank you for your cooperation. cc: A. Beard R. Weddqe R. Wellington Y. Patanwala RESOLUTION NO. 90-41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA, CALIFORNIA, TO ESTABLISH A TREE REPLACEMENT ACCOUNT FOR THE MITIGATION FOR THE CONSTRUCTION OF A SEWER INTERCEPTOR ALONG FOOTHILL BOULEVARD AND BEECH AVENUE AND TO DIRECT THE FINANCE DIRECTOR TO ESTABLISH THE TREE REPLACEMENT ACCOUNT, IN ACCORDANCE WITH THE CITY'S RESPONSIBILITY TO PROVIDE FOR THE HEALTH, WELFARE, AND SAFETY OF THE CITIZENS RESIDING NORTH OF FOOTHILL BOULEVARD IN THE CITY OF FONTANA. WHEREAS, the City of Fontana plans to construct a sewer interceptor in Foothill Boulevard and Beech Avenue~ and WHEREAS, the City of Fontaria and the State of California Department of Transportation (Celttans) have had numerous discussions regarding mitigation of the removal of trees along Foothill Boulevard for the purpose of constructing the Foothill/Beech sewer interceptor~ and WHEREAS, there are 27,500 current residents in the City of Fontana north of Foothill Boulevard and an estimated ultimate population in that area of 65,000 residents, and the construction of the sewer interceptor is for the health, safety, and welfare of those residentsl and WHEREAS, the City of Fontaria is charged with the responsibility of providing for the health, safety, and welfare of the citizens of Fontana and the State 0epartment of Transportation has indicated that it recognizes and shares in this responsibility| MOIl, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FONTANAAS FOLLOWS: Section 1. The City of Fontana hereby establishes an account to replace all trees removed in the construction of the Foothill/Beech sewer interceptor. The contribution to this fund shall be based upon the replacement value of $300.00 per tree for the 147 affected trees. Section 2. The City of Fontana shall provide Caltrans with an annual accounting of the established tree replacement account. Section 3. The City shall accomplish the matters set forth in Sections 1 and 2 of this resolution pursuant to Caltrans' reissuance of the permit to the City of Fontana for the construction of the Foothill/Beech sewer interceptor and for the removal of the trees located in the project site. MPRt0VE31 il) ABeRill this 27th day of rebD,~r~y , 1990. ATTEST: City Clerk I, Martha R. Steenbock, City Clerk of the City of Fontaria and Ex-0fficio Clerk of the City Council, do hereby certify that the foregoing Resolution was duly and regularly adopted at a regular meeting thereof, held on the 27thday of FebD~arV , lg90, by the following vote, to-wit: AYES: Mayor Simon, Council Members Abernathy, Boyles, Kragness, Murray NO[S: None ABS[NT: None City Clerk of the City of Fontana APPROVED AS TO FORM: City Attorney city of CALIFORNIA August 1L 1~0 Consulting Forester P.O. Box 2326 Lake Arrowhead, CA 92352 Subject: Request for Qualification Dear Mr, Asher: The City of Fontana, as a mitigation measure described in Negative Declaration documents for FootM11/Beech se~er project and as desired by property o~nets and Calftans, ~ants to establish a tree program for the north side of Foothill Boulevard between Cherry and Lime Avenues. '- You are invtted to submit a proposal to prepare a detailed report for establishing a tree replacement program on FootM11 Boulevard between Cherry and Ltme Avenues, in the City of Fontana. Attached is a detailed scope of work and other criteria to familiarize you with the project. The proposal should contain the following information: a) Professional background experience and qualification for th~s type of project. b) Evtdence of any previous ~ork done in th~s area. c) List the services that ~ould be provided for the project and/or any problems ~htch should be anticipated. d) Zndtcate the name and license number of the Arbor~st registered ~n the State of California ~ho ~tll be responsible for the job and ~111 act as the liaison ~tth the City. e) Provide a time schedule for completion of work. f) Provide an estimate of fees for professional services in a separately sealed envelop clearly marked "Estimate of Fees". The selection of an individual or firm ~tll be based on a comparable evaluation of professional qualifications and demonstrated experience necessary for satisfactory performance the project and the schedule. Once proposals have been revtewed by the City staff, those firms considered qualified to perform the ~ork wtll be tnvtted for an interview. Please note that the City of Fontana business l~cense Is requtred to perform work in the City of Fontana. 8353 SIERRA AVENUE (P.O. BOX 518) · FONTAN~ CALIFORNIA 92334-0518 · (714) 35(~7600 SISTER CITY- KAMLOOPS. laC. CANADA City of Fontana CALIFORNIA August 17, 1990 Elite Landscape P.O. Box 5764 San Bernardino, CA 92412 Subject: Request for Qualification Dear M=. Cobb: The City of Fontana, as a mitigation measure described in Negative Declaration documents for Foothill/Beech sewer project and as 'desired by property owners and Caltrans, wants to establish a tree program for the north side of Foothill 8oulevard between Cherry and Lime Avenues. You are invited to submit a proposal to prepare a detailed report~ for establishing a tree replacement program on Foothill Boulevard between Cherry and Lime Avenues, in the City of Fontana. Attached is a detailed scope of work and other criteria to familiarize you with the project. The proposal should contain the following information: a) Professional background experience and qualification for this type of project. b) Evidence of any previous work done in this area. c) List the services that would be provided for the project and/or any problems which should be anticipated. d) Indicate the name and license number of the Arbortst registered in the State of California who will be responsible for the job and will act as the ltaison with the City. e) Provide a time schedule for completion of work. f) Provide an estimate of fees for professional services in a separately sealed envelop clearly marked "Estimate of Feesu. The selection of an individual or firm will be based on a comparable evaluation of professional qualifications and demonstrated experience necessary for satisfactory performance the project and the schedule. Once proposals have been revtewed by the City staff, those firms considered qualified to perform the work will be invited for an interview. Please note that the City of Fontana business license is required to perform work in the City of Fontana. 8353 SIERRA AVENUE (P.O. BOX 518) · FONTANA CALIFORNIA 92334<1518 · (714) 350-7800 SISTER CITY- KAMLOOP& EC. CANADA C of Fontana LIFORNIA August 17, 1990 P.E. Chaney, Horticulturist 1532 Belle Street San Bernardino, CA 92404 Subject: Request for qualification Dear Mr. Chaney: The City of Fontaria, as a mitigation measure described in Negative Declaration documents for Foothill/Beech sewer project and as 'desired by property owners and Celttans, wants to establish a tree program for.the north side of Foothill Boulevard between Cherry and t. ime Avenues. You are invited to submit a proposal to prepare a detailed repor~ for establishing a tree replacement program on Foothill Boulevard between Cherry and Lime Avenues, in the City of Fontana. Attached is a detailed scope of work and other criteria to familiarize you with the project. The proposal should contain the following information: a) Professional background experience and qualification for this type of project. b) Evidence of any previous work done in this area. c) List the services that would be provided for the project and/or any problems which should be anticipated. d) Indicate the name and license number of the Arborist registered in the State of California who will be responsible for the job and will act as the liaison with the City. e) Provide a time schedule for completion of work. f) Provide an estimate of fees for professional services in a separately sealed envelop clearly marked "Estimate of Fees". The selection of an individual or firm will be based on a comparable evaluation of professional qualifications and demonstrated experience necessary for satisfactory performance the project and the schedule. Once proposals have been reviewed by the City staff, those firms considered qualified to perform the work will be invited for an interview. Please note that the City of Fontaria business license is required to perform work in the City of Fontaria. 8353 SIERRA AVENUE (RG BOX 518) · FONTANA, CALIFORNIA 92334-0518 · (714) 350-7600 SISTER CITY -- KAMLOOPS, B,C. CANADA City of Fontana CALIFORNIA August 17, 1990 Fred Roth Tree Care 6276 Mayberry Avenue Alta Loma, CA 91701 Subject: Request for Qualification Dear Mr. Roth: The City of Fontana, as a mitigation measure described in Negative Declaration documents for Foothill/Beech sewer project and as 'desired by property owners and Celttans, wants to establish a tree program for the north side of Foothill Boulevard between Cherry and Lime Avenues. You are invited to submit a proposal to prepare a detailed report ~for establishing a tree replacement program on Foothill Boulevard between Cherry and Lime Avenues, in the City ef Fontaria. Attached is a detailed scope of work and other criteria to familiarize you with the project. The proposal should contain the following information: a) Professional background experience and qualification for this type of project. b) Evidence of any previous work done in this area. c) List the services that would be provided for the project and/or any problems which should be anticipated. d) Indicate the name and license number of the Arbortst registere~ in the State of California who will be responsible for the job and will act aS the liaison with the City. Provide a time schedule for completion of work. Provide an estimate of fees for professional services in a separately sealed envelop clearly marked "Estimate of Fees". The selection of an individual or firm will be based on a comparable evaluation of professional qualifications and demonstrated experience necessary for satisfactory performance the project and the schedule. Once proposals have been reviewed by the City staff, those firms considered qualified to perform the work will be invited for an interview. Please note that the City of Fontana business license is required to perform work in the City of Fontana. 8353 SIERRAAVENUE(P.O. BOX 518) · FONTANA CALIFORNIA 92334~)518 · (714)350-7500 SISTER CllY -- KAMLOOPS, EkC. CANADA City of Fontana ' CALIFORNIA August 17, 1990 Tucker Tree Works 19311 Crossdale Avenue Cerritos, CA 90707 Subject: Request for Qualification Dear Mr. Tucker: The City of Fontana, as a mitigation measure described in Negative Declaration documents for Foothill/Beech sewer project and as 'desired by property owners and Caltrans, wants to establish a tree program for the north side of Foothill Boulevard between Cherry and Lime Avenues. You are invited to submit a proposal to prepare a detailed report- for establishing a tree replacement program on Foothill Boulevard between Cherry and Lime Avenues, in the City of Fontaria. Attached is a detailed scope of work and other criteria to familiarize you with the project. The proposal should contain the following information: a) Professional background experience and qualification for this type of project. b) Evidence of any previous work done in this area. c) List the services that would be provided for the project and/or any problems which should be anticipated. d) Indicate the name and license number ~f the Arborist registered in the State of California who will be responsible for the job and will act as the liaison with the City. e) Provide a time schedule for completion of work. f) Provide an estimate of fees for professional services in a separately sealed envelop clearly marked "Estimate of Fees~. The selection of an individual or firm will be based on a comparable evaluation of professional qualifications and demonstrated experience necessary for satisfactory performance the project and the schedule. Once proposals have been reviewed by the City staff, those firms considered qualified to perform the work will be invited for an interview. Please note that the City of Fontaria business license is required to perform work in the City of Fontana. 8353 SIERRA AVENUE(P.O. BOX 518) · FONTANA CALIFORNIA 92334-0518 · (714)350-7600 SISTER CITY -- KAMLOOPS, B.C, CANADA /Ci ty of Fontana LIFORNIA August 17 ,, 1990 Knapp Associates P.O. Box 8796 Riverside, CA 92515-8796 Subject: Request for Qualification Dear Mr. Knapp: The City of Fontana, as a mitigation measure described in Negative Declaration documents for Foothill/Beech sewer project and as 'desired by property owners and Celttans, wants to establish a tree program for the north side of Foothill Boulevard between Cherry and Lime Avenues. You are invited to submit a proposal to prepare a detailed report- for establtshlng a tree replacement program on Foothill Boulevard between Cherry and Lime Avenues, in the City of Fontaria. Attached is a detailed scope of work and other criteria to familiarize you with the project. The proposal should contain the following information: a) Professional background experience and qualification for this type of project. b) Evidence of any previous work done in this area. c) List the services that would be provided for the project and/or any problems which should be anticipated. d) Indicate the name and license number of the Arborist registered in the State of California who will be responsible for the job and will act as the liaison with the City. e) Provide a time schedule for completion of work. f) Provide an estimate of fees for professional services in a separately sealed envelop clearly marked "Estimate of Fees". The selection of an individual or firm will be based on a comparable evaluation of professional qualifications and demonstrated experience necessary for satisfactory performance the project and the schedule. Once proposals have been reviewed by the City staff, those firms considered qualified to perform the work will be invited for an interview. Please note that the City of Fontaria business license is required to perform work in the City of Fontaria. 8353 SIERRA AVENUE (P.O. BOX 518) · FONTANA CALIFORNIA 92334-0518 · (714) 350-7800 SISTER CITY- KAMLOOPS, B.C. CANADA Request for Qualification August 17, 1990 Page 2 Proposals should be addressed to Mr. Yousuf Patanwala, Associate Engineer, City of Fontana, Public Works Department, Engineering Division, P.O. Box 51B, Fontaria, California 92335. Proposals must be submitted no later than noon on August 31, lggO. If there are questions after reviewing the enclosedscope of work, please call the undersigned at (714} 350-6645. Sincerely, Ray Wellington, P.E. Interim City Engineer By: Yousuf Patanwala Associate Engineer RWW:YP:bjp cc: A. Beard R. Weddle G. Bucknell L. Dale C. Stewart R. Thomas, Best, Best and Krieger SCOPE OF WORK The ScoDe of Work will in qeneral consist of the following items: a) Arborist will survey, evaluate and make a recommendation for a reasonable replacement program for all trees removed on Foothi1] Boulevard between Cherry and Lime Avenues, b) The recommendation for replacement trees shall take into consideration type, size and spacing of the trees which will form immediate wind and dust break. c} The replacement program shall address maintenance of the trees. d) The replacement program shall include most suitable time of the year to ensure appropriate growth and maximizing chances of survival. e) The recommended trees should be acceptable to Caltrans District B office. f) The Arborist will provide minimum of 25 copies of each interim reports and 50 copies of final accepted report by the City. g} Prepare specification and bid documents according to City standard format for supply and planting of trees in place. The final acceptance of the report by the City shall not be done until report is acceptable to the Caltrans and property owners. City of Fontana will provide the followinq: a) Staff Liasion b) All available maps and improvement plans c} Coordination between property owners Fees: Fees should be computed on the basis of hourly rates which include wages, overhead and profit and the actual number of man hours and materials with a "Not to Exceed" dollar amount. August 17, 1990 Subject: Request for Qualification Dear The City of Fontana, as a mitigation measure described in Negative Declaration documents for Foothill/Beech sewer project and as desired by property owners and Caltrans, wants to establish a tree program for the north side of Foothill Boulevard between Cherry and Lime Avenues. You are invited to submit a proposal to prepare a detailed report for establishing a tree replacement program on Foothill Boulevard between Cherry and Lime Avenues, in the City of Fontaria. Attached is a detailed scope of work and other criteria to familiarize you with the project. The proposal should contain the following information: a) Professional background experience and qualification for this type of project. b) Evidence of any previous work done in this area. c) List the services that would be provided for the project and/or any problems which should be anticipated. d) Indicate the name and license number of the Arborist registered in the State of California who will be responsible for the job and will act as the liaison with the City. e) Provide a time schedule for completion of work. f} Provide an estimate of fees for professional services in a separately sealed envelop clearly marked "Estimate of Fees". The selection of an individual or firm will be based on a comparable evaluation of professional qualifications and demonstrated experience necessary for satisfactory performance the project and the schedule. Once proposals have been reviewed by the City staff, those firms considered qualified to perform the work will be invited for an interview. Please note that the City of Fontaria business license is required to perform work in the City of Fontana. Request for Qualification August 17, 19g0 Page 2 Proposals should be addressed to Mr. Yousuf Patanwala, Associate Engineer, City of Fontaria, Public Works Department, Engineering Division, P.O. Box 518, Fontaria, California 92335. Proposals must be submitted no later than noon on August 31, 1990. If there are questions after reviewing the enclosed scope of work, please call the undersigned at {714) 350-6645. Sincerely, Ray Wellington, P.E. Interim City Engineer By: Yousuf Patanwala Associate Engineer RWW:YP:bjp cc: A. Beard R. Weddle G. Bucknell L. Dale C. Stewart R. Thomas, Best, Best and Krieger SCOPE OF MOP, K, The Scope of Work will in qeneral consist of the followinq items: a} Arborist will survey, evaluate and make a recommendation for a reasonable replacement program for all trees removed on Foothill Boulevard between Cherry and Lime Avenues. b) The recommendation for replacement trees shall take into consideration type, size and spacing of the trees which will form immediate wind and dust break. c} The replacement program shall address maintenance of the trees. d) The replacement program shall include most suitable time of the year to ensure appropriate growth and maximizing chances of survival. e} The recommended trees should be acceptable to Caltrans District 8 office. f) The Arborist will provide minimum of 25 copies of each interim reports and 50 copies of final accepted report by the City. g) Prepare specification and bid documents according to City standard format for supply and planting of trees in place. The final acceptance of the report by the City shall not be done until report is acceptable to the Caltrans and property owners. City of Fontaria will provide the followinq: a) Staff Liasion b) All available maps and improvement plans c) Coordination between property owners Fees: Fees should be computed on the basis of hourly rates which include wages, overhead and profit and the actual number of man hours and materials with a "Not to Exceed" dollar amount. COOPERATIVE EXTENSION ,,, 77T ~AST RIALTO AVENUE UNIVERSITY OF CALIFORNIA SAN B'rRNARDINO, CA 92415 SAN BERNARDINO COUNTY (714) 387-2171 AREA CERTIFIED ARBORISTS; What is a Certified Arborist? The Western Chapter of Lhe Internalional Sociely of Arboriculture (WC ISA) established the Certified Arborist program to develop a slandard foc tree care profeasionals. Previously, no designation existed, making iL difficult for homeowners to assess qualifications of tree pruners. Many newspaper ads simply listed qualifications as "licensed" and "insured", having no pertinence to tree pruning expertise. This does not mean Lhat all non-certified ~ee pruners are unqualified. The pragram is relatively new, and more and more tree care professionals are taking necessary exams Lo become cerLified each year. The program does, however, offer assurance of expertise. AII Certified ArborisLs and Tree Workers have passed rigorous exams, attesting to their abiiiLies. The FoIiowinq is a current Iist of area CertiFied Arborisis: (in alphabetical order) ~? ARR #31~ 2. ARC James Asher~ James Bridges* Owner Pes~ieide Coord~naLor Consulting FaresEer E~e Landscape P.O. Box 2~26 291-B 5. Sierra Way Lake Arrowhead~ CA ~2~5Z San Dernardino~ CA 92~08 71~/~7-2672 7~/889-1556 ~. ARD #~50 4. ,ARO Eric Chamberlain ~ '~ Paul Chaney* Owner Owner E. Chamberlain Weed Control P.E. Chaney, HorLLcuLturlsL 97~ W. FooLhill Bl.~ SLe. #4 15~2 9elle Claremont~ CA 917~ San Berna=d~ne, CA 7]~/~85-83~2 .5.) ARB #453 6. ~oe #231 "~ Hark Eobb* hn Conway* PresLdenL Tree HainLenance Lead E[~Le Landscape CiLy of FenLana P.O. Box 5764 164~9 Orange Way San Bernardino, CA 9~412 Fontana, CA 9Z335 71~/BB9-155~ 7~4/350-~770 (Continued other side) 7. AR8 #274 . ARB #166 Robert Hotton* '~ Samuel Knapp Owner Owner Insured Tree 5errice Knapp Ass~q.ciates P.O. Box 9106 ~Bo~ 8796~ Cedarpines Pack, CA 92322 Riverside, CA 92515-8796 714/338-4250 714/688-6043 9. AR8 #462 10. ARE #~63 Cha~lesHadsen DavidNst~as Tree Crew Leader Assistant General Hanager City of Claremont Foothill Properties 215 Cornell Ave. 510 W. Chase Dr. Claremont, CA 91711 Corona, CA 91720 714/399-5~:~1 714/737-6~21 11. ARB #Z03 ~A~B #~08 Todd NcGurn I~janPe~y Foreman Foreman Knapp Associates Knapp Associates P.O. Box 8796 ~ Riverside, CA 92515-8796 Riverside, CA 92505 714/688-6043 714/688-5914 13. AR8 #~65 14. ARB #285 IJatk Porter David Roger Owner Ass'~. Dir. of Community Svcs. Hark's Tree Service City of Claremont 5055 Sierra Vista 215 Cornell Ave. Riverside, CA 92505 Ctatemont, CA 91711 714/354-TREE 714/399-5~33 ~ AR8 #161 ? 16. ARB #286 Fted Roth~ ' Susan Sims Owner Consultant Fred Roth Tree Care Sims Pest & Disease 6276 Hayberry Ave. 5535 Dodd St. Al~a Loma, Ca 91701 Hira Loms, CA 91752 714/987-7165 714/685-6662 *Located in San Bernard#no County, ~ V~rFJC-~ *'~"U..C.~C~-~L~ BEST, BEST & KRIEGER ~1 ~'~::) " ~" LAWYERS ' ~ SUITE 120 EN E STEPHENS' ANTONIA GRAPHOS TERESA J PRISTOJKOVIG J CRAIG JOHNSON 0~5 800 NORTH HAVEN ION G GAUT* WyNN[ S FURTH MATT H MORRIS CHRiSTOpHER DOeSON ~ POST OFFICE BOX 4360 PAtJL T SELZER* DAVID L, BARON JEFFREY V DUNN MARK R HOW~ ~ ONTARIO, CALIFORNIA 9176[ LAS HOLMES* VIRGINIA A PHILLIPS 8TEVEN C OeBAUN BERNIE L. WILLIAMSON TELEPHONE (714) 989 8584 AUgUs~ 13, 1991 William J. Brunick, Esq. Brunick, Alvarez & Battersby P.O. Box 6425 San Bernardino, CA 92414 Re: Atkinson et al. vs. City of Fontana Arborist Report Dear Bill: Enclosed for your and your client's records is a copy of the final arborist report prepared for the City of Fontana on the Eucalyptus Windrow Reforestation for the Foothill project. Although this report is dated February 5, 1991, it was recently supplemented with Appendix I (soil analysis) and Appendix II (Caltrans - Master Plant List). Very truly yours, Meredith A. Jury of BEST, BEST & KRIEGER MAJ:km Enclosure cc: Yousuf Patanwala MAJ10494 K,~ APP .-ISSOCI,4TES P.O. BOX 8796 RIVERSIDE, CA. 92515-8796 AI'TN: MR. YOUSUF PAF,4NIVAI, A CITY OF FONTANA 8353 SIERRA AVENUE FONT,4:V,4 CA 92334 INVOICE#: 178 CUSTOMER#: JOB SITE: FOOTHILL BOULEVARD T DATE: DESCRIPTION OF WORK PURCHASE ORDER NO. 022435 INVOICE 1605 ARBORICULTURAL REPORT ................... $2500.00 YOUR CHECK NO. 073919 ................................ (1875.00) YOUR CHECK NO. 074831 ................................ (375.00) 10% RETENTION ....................................... 250.00 AMOUNT DUE $ 250.00 TOTAL $ 250.00 DUE AND PAYABLE UPON RECEIPT THANK YOU FOR LOOKING TO KNAPP ASSOCIATES FOR YOUR ARBORICULTURAL NEED BEST, BEST & KRIEGER LAWYERS SUITE 120 Apr4.1 25, !991 Yousuf Patanwala Civil Engineering Assistant III City of Fontana 8353 Sierra Avenue Fontana, CA 92335 Re: Atkinson v. Fontana Dear Mr. Patanwala: This will confirm that the City of Fontana has allowed adequate opportunity for the petitioners in the above-referenced action to comment upon the "Preliminary Arborilcultural Report" which, pursuant to the settlement agreement, was transmitted to them for review on March 15, 1991. Since the petitioners have not provided either our office or the City with any comments, it is appropriate for you to go ahead with the finalization of the Report and such other matters as may be required. Should you have any questions, please give me a call. Sincerely yours, of Best, Best & Krieger MAJ/dbb DBB7367 KNAPP ASSOCIATES P.O. BOX 879 RIVERSIDE, CA. 92515-8796 CITY OF FONTANA ATTN: MR. YOUSUF PATANWALA 8353 SIERRA AVENUE FONTANA CA 92334 CUSTOMER NAME JOB LOCATION: FOOTHILL BOULEVARD TREE REPLACEMENT PROGRAM DATE: 03/29/91 DESCRIPTION OF WORK PURCHASE ORDER NO, 022435 INVOICE 1605 ARBORICULTURAL REPORT ................... $2500,00 YOUR CHECK NO, 073919 ................................ (1875.00) BALANCE DUE .......................................... $ 375,00 __/~D/?~,/5..-- TOTAL ..... $ 375,00 DUE AND PAYABLE UPON RECEIPT THANK YOU FOR LOOKING TO KNAPP ASSOCIATES FOR YOUR ARBORICULTURAL NEEDS KNAPP ASSOCIATES P.O, BOX 879 RIVERSIDE, CA. 92515-8796 CI'FY OF FONTANA ATTN: MR. YOUSUF PATANWAI,A 8353 SIERRA AVENUE FONI'ANA CA 92334 CUSTOMER NAME JOB LOCATION: FOOTHILL BOULEVARD TREE REPLACEMENT PROGRAM DATE: 03/29/91 DESCRIPTION OF WORK PURCHASE ORDER NO. 022435 INVOICE 1605 ARBORICULTURAL REPORT ................... $2500.00 YOUR CHECK NO. 073919 ................................ (1875.00] BALANCE DUE .......................................... $ 375.00 TOTAL ..... $ 375 . 00 DUE AND PAYABI,F, I,~P()N REC. EIP'F THANK YOU FOR LOOKING TO KN,4PP ,4SSOCI~4Tt'~S FOR YOUR ,4RBORICULTUR;4L NEEDS BEST, BEST & KRli-'GER LAWYERS ARTHUR L LiTTLFWORTH, CLARK H ALSOp jEANNETTE A pETERSON MOiRA E. UMEMORi SUITE 120 GLEN · STEpHENS* DAVID J. IRWIN* TERI L. VOLLNOGLE ELLEN C SPII'LMAN 800 NORTH HAVEN W~LLIAM R' DCWOLFE* MICHAEL J ANDELSON* BRIAN M' LEWIS GLEN H WALLACE POST OFFICE BOX 4360 13ARFON C GAUT* DOUGLAS S pHILLIpS* BRADLEy E. NEUFELD KIRK W SMITH pAUL · SELZER* ANTONIA GRApHOS GEOFFREy K WILLIS KLySTA ~ pOWELL ONTARIO, CALIFORNIA 91761 CALLAS HOLMES* GREGORY K. WILKINSON KANDY LEE AtL[N JASON O DABAR[INER TELEPHONE (7~4) 989-8584 CIIRISIOltFI[R L CARPENTER* WYNN[ S FURTH ELLS[ K TRAYNUM HAYDN WINSTON TELECOP~ER (7~4) 944 R~CHARD ~. ANDERSON* DAVID L. BARON WILLIAM O. BAHLING, JRDAVID A. PRENTICE JOI tN D WAHLIN* VIRGINIA A, ETTINGER TERESA J. PRISTO~KOVICKYI ~ A SNOW MICHAEL D. HARRIS* EUGENE TANAKA VICTORIA N, KING MARK A EASTER OF COUNSEL W. CURt EALy* BASIL T CHAPMAN MATT H. MORRIS DIANE L FINLEy jAMES B CORiSON · HOMAS S SLOVAK* TIMOTHy M. CONNOR* JEFFREy V OUNN MICHELLE OU[LL~TTE JOHN E. DROWN* VICTOR L WOLF STEVEN C. D~BAUN TIMOTHY W. S~SLER RICHARD A. OSHINS* MICItAEL [ RI0OELL* DANIEL E. OLIV~ER BRANT H. DV[IRIN PAUL C ANDERSON STEPHEN P DEITSCH MEREDITH A. JURy* DANIEL J MCHUGH ERIC L, GARNI~R pETER M. BARMACK I(USSELL J TtlOMA5, JR MICHAEL GRANT* MARC E. EMPEY DENNIS M COTA FRANCIS J DAUM* ~OHN R. ROTTSCI IACF~RHAROLD W. HOPP eADMITTED IN NEW yORK, ANNL F UIOMA~* MARTIN A MU[LLER JULIE HAYWARD BIGGS WASHINGTON, OC. COWRT OF CLAIM~ D MARTIN NETHERy~ J MICHAEL SUMMEROUR RACIt~LLE J NICOLLE -- GEORGE M REYES HOWARD B. GOLDS ROBERT W HARGREAVES OFtlCCS IN WILl IAM W FLOYD, JR MARGARET F TANAKA JANICE L WEIS MICHAEL A. CRISTE* JEFFERY J CRANDALL CHRISTIAN E. HEARN RAYMOND BEST (1868-1957) RIVERSIDE (714)686 ]450 GREGORy L HARDKE SCOTT C. SMITH SHARY L WALKER JAMES H. KRIEGER (I913 t975) PALM SPF{INGS (619)325 7264 KENDALL II MACVEy JACK B CLARKE pATRICK W. PEARC[ EUGENE BEST (]893 ]98]) RANCHO MIRAGE (6~9)568 26J ] ~a=ch ZS~ ~99Z HAND DELIVERY Yousuf Patanwala ~ ~ C ~ ] V ~ D Associate Engineer City of Fontana [.??~ 1 8353 Sierra Avenue Fontana, CA 92335 Pueuc w0e~s Re: Atkinson v. Fontana Dear Mr. Patanwala: Pursuant to the settlement agreement in this matter we have transmitted to Peggy Battersby, attorney for Atkinson, et. al., a copy of the "Preliminary Arborilcultural Report" which has been prepared in connection with the Foothill/Beach Sewer Project. The settlement agreement provides that petitioners shall have "adequate opportunity to comment and to present an alternative recommendation for replacement of the trees prior to the final determination by the City on this matter." Consequently, the City should not take any further steps for two weeks from the date of this letter. If you have any questions regarding this matter, please give me a call at 989-8584. Sincerely yours, Deborah Bogen ~egal Ass~stan~ :o= Best, Best a / cc: ~e=ed~th A. DBB6125 BEST, BEST & KRIEGER LAWYERS ARTHUR L. Li]TL[WORTH, CLARK H, ALSOP jEANNETTE A pETERSON MOiRA [, ijMEMORi SUITE 1 GLEN g STEpHENS, DAVIO j. iRWIN" T~RI L, VOLLNOGL[ gLL[N ~. SpilLMAN 800 NORTH HAVEN WILLIAM R O~WOLF[' MICHA~L J, ANDELSON* BRIAN M. LEWIS GLEN H, WALLACE POST OFFICE BOX 4360 BARTON C. GAUT* DOUGLA~ ~. pHILLIp8~ BRADlEy [. NEUFELD KIRK W SMITH pAUL T. SELZ~R, ANTONiA ORApHO~ GEOFFRey K. WiLLiS KLySTA j pOWELL ONTARIO, CALIFORNIA 91761 DALLAS HOLM[~" GREGORy K> WILKINSON KANDY LEE ALLEN JASON D, DABAR[IN[R TELEPHONE (714) 989-8584 CIIRISTDPFI[R L. CARPENTER* WYNN[ S' FURTH [LI~[ K+ TRAYNUM NAYON WINSTON TELlCOPIER (714) 944-1441 RICHAR~ T, ANDERSON* DAVID L. ~ARON WILLIAM B. ~AHLING, JR~AVIO A JOHN 0 WAHLIN* VI~]NIA A. [TTING[R TERESA J, pRt~TOJKOVIGKYL[ A. SNOW MICHAEL D. HARRI~* EUGENE TANAKA VICTOglA N. KING MARK A. EASTER OF COUNSEL W CURT [ALy" BASIL T, ~HAPMAN MATT H. MORRIS DIAN[ L. FINLEY THOMAS 8 SLOVAK* TIMOTHy M. ~ONNOR" J[FFRgy V, DUNN MIGH~LL[ OUELLETT[ JOHN E BROWN* VICTOR L, WOLF ST~VEN ~. ~BAUN TIMOTHY W 8~SL[R MICHAEL T+ RIDD~LL* DANIEL [, OLIVIER BRANT H. DVEIRIN pAU~ C. ANDERSON STEPHEN p. D[ITSCH MEREDITH A, JURy* DANIEL J, MCHUGH ERIC L. GA~N[R pETEN M. BARMACK RUSSELL J. MICHAEL GRANT' MARC E. EMPEy DENNI~ M. COTA FRANCIS J, BAUM* JOHN R, RO~SCHAEFER HAROLD W, HOPP *~*~0 IN ANNE T. THOMAS* MARTIN A. MUELLER JULIE HAYWARD BIGGS ~ wm~, O.C, ~ ~ C~MS D. MARTIN NETHERy* J. MICHAEL SUMMEROUR RACHELLE J. NtCOLLE GEORGE M, REyES HOWARD 8+ GOLDS ~BERT W HARGREAVES OFFICE WILLIAM W. FLOYD, JR, MARGARET F. TANAKA JANICE L. WEI5 Ri~RSiDE (714)~6-]4~ M~CHAEL A CRISTE* JEFFERy J+ CRANOALL CHRISTIAN E. HEARN RAYMOND B~ST (~ 868-}957) GREGORY L. HARDKE SCO~ C. SMITH SHARy L. WALKER JAMES H, KRIEGER (1933-]975) PALM SPRINGS (~19)325 7264 KENDALL H. MACVEy JACK B+ CLARKE PATRICK W, PEARCE EUGENE BEST (1893-1981) RANCHO MIRAGE {619}~8-26] ~a~ch 15, 1991 Marguerite Battersby Brunick, Alvarez and Battersby 1839 Commercecenter West P.O. Box 6525 San Bernardino, CA 92412 Re: Atkinson v. City of Fontana Dear Ms. Battersby: Pursuant to paragraph 6 of the Settlement Agreement, enclosed pleased find the Preliminary "Arborilcultural Report" prepared in connection with the Foothill/Beach Sewer project. Sincerely yours, Deborah Bogen Legal Assistant for Best, Best & Krieger /kwp Enclosure cc: ~ousuf Patanwala, Associate Engineer jMeredith A. Jury DBB6122 ASSOCIATES LETTER OF TRANSM -m- TTAL February 5, 1991 Mr. Yousuf Patanwala Associate Engineer City of Fontaria 8353 Sierra Avenue Fontana, California 92334-0518 RE: Foothill Boulevard Tree Replacement Program Dear Mr. Patanwala: In accordanc~ with our agreement, attached is an arboricultu~al report re arding a eucalyptus reforestation program for the north size of Foothill Boulevard between Cherry and Lime Avenues. There has been some delay in submitting the report because the original scope of work was unclear, Ca1 Trans specifications had to be obtained, and the field work took longer than originally anticipated. For these reasons, we request an extension from January 20 to February 6, 1991. This re ort is subject to the attached Limiting Conditions and Cer[ifications. Thank you for looking to Knapp Associates for your arboricultural needs. I know that our knowledge will aid in your "green investment.,' Sincerely, -Z- Rivemide ~4/688-6043 Fuliedon ~4/~7-8811 ~ Office Box 8796 · Rivemide, Cali~rnia 92515 LIMITING CONDITIONS -The certification of the arborist is subject to the following limiting conditions: 1. The study of trees is not an exact science. The opinions contained herein are those of the arborist. 2. No fractional part of this arboricultural report is to be used in conjunction with another report. Such use renders it invalid. 3. The arborist assumes no responsibility for hidden or unapparent conditions of the property, trees, soil, or subsoil that renders opinions more or less accurate. The arborist reserves the right tO make adjustments to the contents. 4. Maps, pl.q~.s, and exhibits included herein are for illustration only as an aid in visualizing matters discussed within the report. They should not be considered as surveys or relied upon for any other purpose, nor should they be used apart from this report. 5. This arboricultural report may not be reproduced without the written permission of the arberist. 6.By reason of preparing this report, the arberist is not required to give testimony, or to be in attendance at hearin s with reference to the property or trees, without prior arrangements being made for such additional employment. 7.The arborist assumes that trees will be of "average" health at planting time. Samuel L. Knapp, ASCA Consulting Arberist -2- STATEMENT -- 1605 SAM KNAPP Consulting Arbor,st ~'* ' PO BOx 8796 DATE 2-7-91 ~ RIVERSIDE, CA 92515 R E C E I V E D , (714) 688-6043 (714) 447-8811 FEB 0 7 1991 '2, PUBLIC WORKS City of Fontana ENGINEERING Attn: Yousuf Patanwala 8353 Sierra AVenue Fontana, CA 92334 3:~C~ ~-0.6z?--Li35 BALANCE FORWARO 2/7/91 Arboricultural consultation re E~C~IyptuSWindrow Reforestation Plan Arboricultu ra! Report C - --2,-see o0 .. "~OV~ KNAPP ASSOCIATES IN THIS City of Fontana CALIFORNIA CERTIFIED MAIL February 1, 1991 Mr. Samuel L. Knapp 5161 Golden Avenue Riverside, California 92505 RE: Foothill Boulevard Tree Replacement Program Dear Mr. Knapp: The Consulting Services Agreement between the City and Knapp Associates specifies a (30) day time period for completion of this report. This time period has already expired. Therefore, you are now requested to inform the City in writing the current status of your progress and time extension needed by February 8, 1991. If you have any questions, please contact me at (714) 350-6645. Sincerely, Ray Wellington, P.E. Interim City Engineer By: uf Patanwala Associate Engineer cc: C. Sweet G. Bucknell R. Thomas 8353 SIERRAAVENUE(P.O. BOX518) · FONTANA, CALIFORNIA92334-0518 · (714) 350-7600 SISTER CITY -- KAMLOOPS, B.C, CANADA CITY OF FONTANA ~~ PUi~HASE ORDER -.~ ~ P.o. NO, 8353 Sierra Ave., FoRtaRa, CA 92335 oN ALL PACKAGING AND PAPERS C PHONE INQUIRIES: NO~ - ALL INVOICES SHOULD BE SENT PURCHASING -- 350-7677 CITY OF FONTANA ACCOUNTS PAYABLE -- 3E-6707 ACCOUNTS PAYABLE 8353 SIERRA AVENUE FONTANA, CA 92335 VENDOR: 1 J 1 ?~, 1 SHIP TO: PURCHABE ORDER DATE ~';~PP ASSCCIATE5 CiTY QF FONTANA 3111 ~161 iOLD~N)AVE Pb3LIC WORKSlENGIN~R[NG SHIPMENT REQUIRED BY ~353 SIERRA AVENU~ AZVj~S1~E, CA g~515 FONTA~A, CA. 9Z~j5 0010010'3 TERMS Q~' I UNIT[ DESCRI~ION UNIT PRICE AMOUNT 1 EA CONSdLTANT SERVICES: TO PREPAR~ A RE~eRT Z,500,CO 2,530.C3 :FOR PREPARATION OF TREE REPLACE,"~NT PROGRA;q. (FOOTMILL/~ECH) 0~1-7239-Z900 - 2,~00.00 ,500.00 B LAN KET P, O. CONTRACT ON FILE y i '~. "" REQUISITION NO. DEPT. DIVISION E ~ G, mRECTOR OF F~NANCE 6 5 ~ 3 ENCUMBEREO BY PURCHASING' CiTY OF FONTAlIA CALI FORN I A MENORANDUM TO: LINDA NUNN DEPUTY CITY CLERK RE: CONSULTING SERVICES AGREERENT FOR PREPARATION OF REPORT ON TREE REPLACERENT PROGRAH DATE: DECERBER 18, 1990 Transmitted herewith is a fully executed copy of consulting services agreement between the City of Fontana and Knapp & Associates. Also attached are original insurance certificates. YP.'jvw Attachments "' City of Fontana CALIFORNIA December 18, 1990 Nr. Samuel Knapp Knapp Associates P.0, Box 8796 Riverside, CA 92515 Dear Mr. Knapp: Enclosed please find the fully executed copy of the Consulting Services Agreement for preparation of report on tree replacement program for the north side of Foothill Boulevard between Cherry and Lime Avenues. Please proceed with the work as agreed upon in this agreement. If you have any questions, please call the undersigned at 350-6645, Sincerely, Ray Wellington, P.E. Interim City Engineer By: ~at~nwala Associate Engineer RW:YP:Jvw Enclosure cc: A. Calvert (FYI) C. Sweet (FYI) G. Bucknell (FYI) R. Thomas - Best, Best & Krieger 8353 SIERRAAVENUE(P.O, BOX518) · FONTANA, CALIFORNIA92334~3518 · (714)350-7600 SISTER CITY -- KAMLOOPS, B,C. CANADA BEST, BEST & KRIEGER November 6, 1990 To: City of Fontana 8353 Sierra Avenue Fontana, CA 92335 Attention: Yousuf Patanwala, Public Works Engineering Division RE= Consulting Services Agreement Foothill/Beech Sewer Project We Enclose The Following: Consulting SerVices Agreement: approved as to legal form and content. Very Truly Yours, BEST, BEST & KRIEGER this Ls to certily that X~ STATE F DASUALTY COMPANY, Bloomington, Illinois [] STATE FARM GENERAL INSURANCE COMPANY, Bloomington, Illinois ms in force for KNAPP, SAM DBAs KNAPP TP, EE SERVICE ....... P.O. BOx 8796, Rt. verst. de, Ca 92505 :.:.~o. ofo~a~o,a 5187 Golden Avenue [~ "'" """ OICKAMMERMAN,Ageat 10850 Hole Avenue Riverside. California 92505 Rt. versi. de, CA 92505 ,'"*""*"'%, Off. 6eT-3830 aes. 688-0911 he following coverages for the periods and Hmits indicated below. POLICY NUMBER TYPE OF INSURANCE POLICY PERIOD LIMITS OF LIABILITY (elf,/exb.) Each Occurrence $ O0 Contractors' Liability Aggregate $ 3001000 ~ 00 ] Owners', Landlords' and PROPERTY DAMAGE Contractors' Liabi.ty 50 ~ 000,00 Each Occurrence $ The above insurance includes 501000 . 00 (a~plicable if indicated by [] } [] PRODUCTS-COMPLETED OPERATIONS Agg{egate' $ ] OWNERS' OR CONTRACTORS' PROTECTIVE LIABILITY [] CONTRACTUAL LIABILITY [] Combined Single L~mit for: BODILY INJURY AND z [] BROAD FORM PROPERTY DAMAGE PROPERTY DAMAGE ] BROAD FORM COMPREHENSIVE GENERAL LIABILITY Each Occurrence $ POLICY NUMBER TYPE OF INSURANCE POLICY PERIOD Aggregate $ (eft/exp,) CONTRACTUAL LIABILITY LIMITS ] Watercraft (if dilferent than above) BODILY INJURY Liability Each OCCUrrence $ 0I 87 23B1055L 8/20/90..2/20/91 PROPERTV DAMAGE -027578B2055H ~ Auto Liab. 6/21/90-12/21/90 s.~hOC~u.ence ;880617E0855A ~ Auto Liab, 5/8/90-11/8/90 Aggreg.t. $ PROPERTY DAMAGE ] UMBRELLA [] OTHER Each Occurrence $ pensation-Coverage A Coverage A STATUTORY ] Employers Liability Coverage B -Coverage S 'Aggregate not applicable if Owners*. Landlords' and Tenants' Liability Insurance excludes structural altarabons, new construction or demolition. THE CERTIFICATE OF INSURANCE IS NOT A CONTRACT OF INSURANCE AND NEITHER AFFIRMATIVELY NOR NEGATIVELY AMENDS, EXTENDS OR ALTERS THE COVERAGE APPROVED BY ANY POLICY DESCRIBED HERBIN. ;THZP, TY (30) DAYS HRITTEN NOTTCg OF CANCELLA;TON WILL :BIg GIVEN ;0 THIg CERTI~ICATF: OLDER" NAME AND ADDRESS OF PARTY TO WHOM CERTIFICATE IS ISSUED ~' CITY OF FONTANA '~ Oct. 16, 1990 8353 s Ave.ue / Fontana, Ca92335 Signalum Authorized Representative AGENT lATIN I Wousef Patanwala ~ (558) F6-994.7 Printed in U.SA. Ray 3/84 PRODUCER THIS CERTIFICATE IS IBSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. C:olon~,aZ No, Btr.~Pn ~g~r~c;g, ~nc ...................... P.O. B o x 'P200 OOMPANIE8 AFFORDING OOVERA~E f:~'ei~no~ CA LE~ER .................... COMPANY INSURED LE~ER Robe~'~ Kr~ap9 LE~ER P. C}. L~eX ~7~{~ COMPANY LE~ER COMPANY LE~ER GO TYPE OF INSURANCE POLICY NUMBER ALL LIMITS IN THOUSAND8 A ~E~ERALLIABILITY QJ..SQ()OZ~j7 2/27/~0 2/27/<9~ GENERALAGGREGATE .... 0WNER'S & CON~CTORS PROECTNE EACH OCCURRENCE AUTOMOBILE LIABILITY "ALL OWNED AUT~ ~D~EY ~ r NON-OWNED AUTOS ~ ~%EN~_ ~ " OTHER THAN UMBRELLA FORM $ OTHER SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX* PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 1 O DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR ---CONSULTANT SERVICES AGREEMENT FOR PREPARATION OF REPORT ON TREE REPLACEMENT PROGRAH THIS AGREEMENT is made this 20th day of December, 1990, by and between the CITY OF FONTANA, a municipal corporation of the State of California, located at 8353 Sierra Avenue, Fontana, California 92335, County of San Bernardino, State of California (hereinafter "City") and Knapp & Associates (hereinafter "Consultant"). WHEREAS, the principal members of Consultant are Samuel L. Knapp, Robert L. Knapp, Brian Perry and Consultant represents and warrants to the City that it has the ability and expertise to perform the services set forth in this Agreement, and WHEREAS, City desires to engage Consultant to prepare a report on tree replacement program on the north side of Foothill Boulevard between Cherry and Lime Avenues. NON, THEREFORE, CITY AND CONSULTANT RUTUALLY AGREE THAT: SECTION I SERVICES OF THE CONSULTANT General Description of Services. Consultant shall perform the tasks set forth in Exhibit "A" attached hereto and made a part hereof so as to fully and adequately complete the project described herein. SECTION II RESPONSIBILITIES OF CONSULTANT 1. Personnel. All the services described herein shall be performed by Consultant or under its supervision. The Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement. City retains Consultant on an independent contractor basis and Consultant is not an employee of the City. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of services under this Agreement and as required by law, shall be responsible for all reports and obligations respecting them, including but not limited to, Social Security taxes, income tax withholding, unemployment insurance, and workers' compensation insurance. 2. Cooperation. Consultant shall work closely and cooperate fully with City's designated Project Administrator, and any other agencies which may have jurisdiction or interest in the work to be performed. 3. Project Manaqer. The Consultant shall assign the project to a Project Manager, who shall coordinate all phases of the project. This Project Manager shall be available to the City at all times. The Consultant has designated Sam Knapp ,to be its Project Manager. 4. Time of Performance. The task to be performed by Consultant under and pursuant to this Agreement shall be completed within thirty {30} working days from the above-stated date. Consultant shall receive no additional compensation if completion of its obligation under this Agreement requires a time greater than as set forth herein unless such extension is caused solely by the conduct of the City. Each party hereby agrees to provide timely notice to the other of any violation occurring under this section and the cause thereof. 5. Report Materials. At the completion of this project, Consultant shall deliver to City all documents, data, studies, surveys, drawings, maps, models, photographs, and reports prepared by Consultant under this Agreement. Said documents shall be considered the property of City upon payment for services performed by Consultant. 6. City Policy. Consultant will discuss and review all matters relating to policy and project direction with the Project Administrator in advance of all critical decision points in order to ensure that the project proceeds in a manner consistent with City goals and policies. 7. Conformance to Applicable Requirements. All work prepared by Consultant shall conform to applicable city, county, state, and federal requirements and be subject to approval of the Project Administrator and City Council. 8. Indemnification. Consultant agrees to indemnify, defend, save, and hold harmless City, its officers, agents, and employees from and against all liability, claims, damages, losses, and expenses for damages of any nature whatsoever including, but not limited to, bodily injury, death, personal injury, property damages, and attorneys' fees directly arising from any and all negligent actions of Consultant, its employees, agents, or subcontractors pursuant to this Agreement. Such indemnity shall not apply to any injuries to persons or property which result from the sole negligence of the City. 9. Standard of Care; Licenses. Consultant represents and agrees that all personnel engaged in performing services are and shall be fully qualified and are authorized or permitted under state and local law to perform such services. Consultant shall perform the services under this Agreement in a skillful and competent manner. Consultant shall be responsible to City for any errors or omissions in the execution of this Agreement. Consultant represents and warrants to City that it has all licenses, permits, qualifications, and approvals required of its profession. Consultant further represents and warrants that it shall keep in effect all such licenses, permits, and other approvals during the term of this Agreement. 10. Insurance. Without limiting Consultant's indemnification of City, Consultant shall obtain and provide and maintain at its own expense during the term of this Agreement a policy or policies of liability insurance of the type and amounts described below and satisfactory to the City Attorney. Such policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with City prior to exercising any right or performing any services pursuant to this Agreement. Said policies shall add as insured City, its elected officials, officers, and employees for all liability arising from Consultant's services as described herein. A. Prior to the commencement of any services hereunder, Consultant shall provide to City certificates of insurance with original endorsements, and copies of policies, if requested by City, of the following insurance, with Best's Class B or better carriers: {1} Worker's compensation insurance covering all employees and principals of Consultant, effective per the laws of the State of California; {2} Commercial general liability insurance covering third party liability risks, including without limitation contractual liability, in a minimum amount of $1 million combined single limit per occurrence for bodily injury, personal injury, and property damage. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate shall apply separately to this project, or the general aggregate limit shall be twice the occurrence limit; (3) Commercial auto liability and property insurance covering any owned and rented vehicles of Consultant in a minimum amount of $300,000 aggregate imit for bodily injury and $50,000 for property damage. B. Said policy or policies shall be endorsed to state that coverage shall not be suspended, voided, cancelled by either party, or reduced in coverage or in limits except after thirty (30) days' prior notice has been given in writing to City. Consultant shall give to City prompt and timely notice of claim made or suit instituted arising out of Consultant's operation hereunder. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgement may be necessary for its proper protection and prosecution of the services. C. Consultant shall include subcontracting consultants, if any, as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for each subcontractor shall be subject to the requirements stated herein. D. All insurance obtained by Consultant hereunder shall be primary, notwithstanding any insurance which may otherwise be obtained by City. 11. Prohibition Aqainst Transfers. A. Consultant shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly by operation of law without the prior written consent of City. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecatee or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation, or transfer. B. The sale, assignment, transfer, or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or co-tenant if Consultant is a partnership or a joint venture or a syndicate or a co-tenancy, which shall result in changing the control of Consultant, shall be construed as an assignment of this Agreement. Control means fifty percent (50%) or more of voting power of the corporation. 12. Progress. Consultant shall keep the Project Administrator and/or his/her duly authorized designee informed on a regular basis regarding the status and progress progress c the work, activities performecW.~d planned, and any meetin~r'that have been scheduled or are desired. 13. Confidentiality. No news releases, including photographs, public announcements, or confirmations of the same, of any part of the subject matter of this Agreement or any phase of any program hereunder shall be made without prior written approval of the City. The information which results from the services in this Agreement is to be kept confidential unless the release of information is authorized by the City. SECFIOM III RESPONSIBILITIES OF CITY 1. Cooperation. City agrees to cooperate with the Consultant on the project. 2. City's Responsibilities. City shall furnish to Consultant base maps, existing studies, ordinances, data, and other existing information as shall be determined by Consultant and materials in City's possession necessary for Consultant to complete the work contemplated by this Agreement. City further agrees to provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. 3. Administration. This Agreement will be administered by the City Manager's Office. The City Manager or his/her designee shall be considered the Project Administrator and shall have the authority to act for the City under this Agreement. The City Manager or his/her authorized representative shall represent the City in all matters pertaining to the services to be rendered pursuant to this Agreement. SECTIll IV FEES All) PAYMENTS 1. Compensation. Except as provided in this section, Consultant shall receive as compensation for all services rendered under this Agreement an amount not to exceed $2,500.00 (Two thousand five hundred dollars} and at the rates set forth in Exhibit "B". The total project cost shall not exceed this amount unless additional work is requested in writing by the City. City shall not be required to pay any amounts in excess of this sum whether for copying costs, incidental, direct, or indirect costs, or any type incurred ~_ ~Consultant. This section sh~ not limit the ability of'the parties to amend this Agreeme~m~ to provide for extra work. 2. Extra Work. Consultant shall receive compensation for extra work authorized by City in an amount as specified by the parties at the time such authorization is given. All extra work must be authorized in writing by the Project Administrator and Consultant shall not be entitled to extra compensation without such authorization. 3. Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City. 4. Monthly Invoices. Consultant shall submit invoices to the City on a monthly basis in accordance with Consultant's schedule of fees contained in Exhibit "B" hereof. Each invoice will be itemized. Each invoice shall show the number of hours worked per person/consultant and the nature of the work performed. 5. Payment of Compensation. City shall make payments to Consultant within thirty (30) days of receiving said statement unless City disputes the amount Consultant claims is owned under this Agreement. 6. Withholdlnqs. City may withhold payment of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue its work for a period of thirty (30) days from the date of withholding as a result of such withholding. Consultant shall have an immediate right to appeal to the Mayor and City Council with respect to such disputed sums. The determination of the Mayor and City Council with respect to such matters shall be final. Consultant shall be entitled to receive interest on any wtthheld sums at the rate of seven percent (7%) per annum from the date of withholding of any amounts found to have been improperly withheld. 7. lO%Withholdinq. City may withhold an amount equivalent to ten percent {10%) of the total compensation provided herein, to be released to Consultant upon final adoption of the study by the Hayor and City Council. The City reserves the right to refuse to pay all billings requesting amounts in excess of 9(7/, of the total compensation provided herein until the project is completed and adopted as specified above. SECTION V ACCO(JNTING RECORDS Consultant shall keep records and invoices in connection with its work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. SECTION VI GENERAL PROVISIONS 1. Termination. A. City may, by written notice to Consultant, terminate the whole, or any part, of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. In the event of termination without cause, Consultant shall be compensated for the work performed up to the date of termination. Payment for work completed under the Agreement to date of termination shall be made strictly on the basis of the percent of work completed under the terms of this Agreement. The percent of work completed to date of termination shall be the percent of total Agreement sum which shall be paid to Consultant. The City Manager shall determine the percent of work completed at the date of termination. In no event may total payment to termination exceed $2,500.00 (Two thousand five hundred dollars). Consultant shall be entitled to no further compensation after termination. Consultant may not terminate this Agreement except for cause. B. In the event this Agreement is terminated, in whole or in part, as provided in paragraph A of this section, City may procure from any person or entity upon such terms, and in such manner as it may determine appropriate, services similar to those terminated. C. If this Agreement i terminated as provided i~"paragraph A of this section, ~nsultant shall provide to City upon request by City all finished or unfinished documents, data, studies, drawings, maps, photographs, reports, etc., prepared by Consultant for the project. D. Consultant further covenants to give its good faith cooperation in the transfer of the work to any other consultant employed by the City following termination hereunder, and to participate in such meetings at no cost to City as shall be deemed necessary by the City Manager to effectively accomplish its transfer. 2. Notices. Any notice required or desired to be given pursuant to this Agreement shall be given in writing, and sent by certified mail, return receipt requested, addressed as follows: City Consultant City Manager Samuel L. Knapp City of Fontaria Knapp Associates 8353 Sierra Avenue 51 61 Golden Avenue F0ntana, Ca. 92335 Riverside, California 9251 5 (714) 350-7654 (714) 688-6043 Any notice so given shall be considered served on the other party three {3} days after deposit in the U.S. mail, first class postage prepaid, and addressed to the party at its applicable address. The address for notice may be changed by giving notice pursuant to this paragraph. 3. Litiqation. Should litigation be necessary to enforce any term or provision of this Agreement, or to collect any portion of the amount payable under this Agreement, or to collect any portion of the amount payable under this Agreement, then all litigation and collection expenses, witness fees, expert fees, court costs, and attorney fees incurred by the prevailing party shall be paid to the prevailing party. 4. Entire Aqreement. This Agreement contains the entire agreement between City and Consultant with respect to the subject matter hereof and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both parties. Enforcement. This AgY .lent shall be construed )l~d enforced in accordance with~m~he laws of the State of California. 6. Nondiscrimination by Consultant. Consultant represents and agrees that Consultant, its affiliates, subsidiaries, or holding companies do not and will not discriminate against any subcontractor, consultant, employee, or applicant for employment because of race, religion, color, sex, handicap, or national origin. Such nondiscrimination shall include, but not be limited to, the following= employment, upgrading, demotion, transfers, recruitment, recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. 7. City's Rights to Employ Other Consultants. City reserves the right to employ other consultants in connection with this project. 8. Conflicts of Interest. A. The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 {the "Act"), which {1) requires such persons to disclose financial interest that may foreseeably be materially affected by the work performed under this Agreement, and {2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. B. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of this Agreement by the City. SECTIOM VII SUBC01IIRACTIIIG 1. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior approval of City. 2. Subcontracts, i f any, shal 1 contain a provision making them subject to all provisions stipulated in this Agreement. IN illlESS BElIEOF, the partles hereto have accepted and made and executed this agreement upon the terms, conditions, and provisions above stated, the day and year first above wrltten. CITY OF FONTAliA, Ct~~~~ a municipal corporation RE~~~,BY: l~ Ctt na r Tt rt t Rec to · y Attor y FJQIIBIT "A" SCOPE OF MORK The Scope of Work will in qeneral consist of the followinq items: a) Arborist will survey, evaluate, take soil tests, and make a recommendation for a reasonable replacement program for all trees removed on Foothill Boulevard between Cherry and Lime Avenues. b) Discussion of species considered. c) The recommendation for replacement trees shall take into consideration type, size, and spacin9 of the trees which will form immediate wind and dust break. d) The replacement program shall address planting method, irrigation system, and maintenance of the trees. e) The replacement program shall include most suitable time of year to ensure appropriate growth and maximizing chances of survival. f) The recommended trees should be acceptable to Caltrans District 8 office. g) Construction restriction h) Prepare a conceptual plan showing location of trees with respect to curb-gutter and existing facilities. i} The Arborist will provide minimum of 25 copies of each interim report and 50 copies of final accepted report by the City. Prepare specification and bid documents according to City standard format for supply and planting of trees in place. The final acceptance of the report by the City shall not be done until report is acceptable to the Caltrans and property owners, EXHIBIT 'B' HOURLY BILLING RATE PRINCIPAL ARBORIST $95.00/HR. Ci ty of Fontana LIFORNIA November 26, 1990 Ms. Julie Biggs Best, Best & Krieger 3750 University Avenue P.O. Box 1028 Riverside, California 92502 Subject: Consulting Services Agreement Foothill/Beech Sewer Project - Tree Replacement Program Dear Ms. Biggs: Per our telephone conversation of November 26, 1990, enclosed is the copy of the agreement as previously approved by your office. Also, please find revisions to the agreement regarding insurance on worker's compensation and commercial auto liability. With your approval, these pages replaced the pages in the approved agreement. If you have any questions, please contact me at (714) 350-6645. Sincerely, Ray Wellington, P.E. Interim City Engineer By: anwala Associate Engineer RW:YP:Cm Encls. 8353 SIERRAAVENUE(P.O. BOX518) · FONTANA, CALIFORNIA92334'0518 · (714) 350'7800 SISTER CiTY -- KAMLOOPS, B,C, CANADA Ci ty of Fontana LIFORNIA ,, October 24, 1990 Barbara Carson Best, Best and Krieger 800 N. Haven Avenue Ontario, CA g1762 SUBJECT: Consulting Services Agreement Prepare Report on Tree Replacement Program Foothill/Beech Sewer Project Dear Barbara: Please have the City Attorney sign the three sets of Consulting Services Agreement to approve the legal form and content. Please return the signed and approved sets to Yousuf Patanwala, Public Works - Engineering Division. If you have any questions, please contact Yousuf Patanwala at {714) 350-6645. Sincerely, Ray Wellington, P.E. Interim City Engineer By:Yo~suf Patanwala Associate Engineer RW:YP:jvw Attachments cc: G. Bucknell 8353 SIERRA AVENUE (P.O. BOX 518) · FONTANA, CALIFORNIA 92334-0518 · (714) 350'7800 SISTER CITY- KAMLOOPS, B.C, CANADA ASSOCIATES October 16, 1990 Mr. Yousuf Patanwala Associate Engineer City of Fontana Post Office Box 518 Fontana, California 92334-0518 RE: Foothill/Beech Sewer Project Tree Replacement Program Dear Mr. Patanwala: Enclosed are the three copies of the Consulting Services Agreement which have been filled in and signed. I am enclosing a copy of the Certificate of Insurance from Colonial Western although I know a copy has been forwarded to you. I also know that State Farm, our auto insurance company, faxed the insurance information you required. If you need any further information or have questions, please call me. Sincerely/~-.. J Kare~ DuVall Off~ze Manager :kd Enclosures Riverside 714/688-6043 Fullerton 714/447-8811 Post Office Box 8796 · Riverside, California 92515 CITY OF FONTANA Memorandum TO: Ed Okuma, Deputy Finance Director i~/~ FROM: Laura Dale, Administrative Analyst II, Engineer SUBJECT: Foothill-Beech Sewer Project Tree Replacement Account DATE: August 14, 1990 The City Council approved a request to establish a tree replacement account for the Foothill/Beech Sewer Interceptor Project on February 2, 1990. Although this account would have been created in the capital projects budget for FY 90-91, that budget has not yet been approved. The sewer project is moving forward, and we need to reserve these funds as soon as possible. I have attached a copy of the approved agenda item. The tree reserve account should be established in the sewer capital fund, 071, in the following amounts: Foothill Boulevard $43,500 Beech Avenue $52,500 If it is easier to simply designate those accounts as reserved funds without actually carrying over those accounts from year-to- year, please let me know. The commitment we made to CALTRANS included establishing a replacement account for Foothill Boulevard only and furnishing them with a yearly audit of those funds, thus we may not be able to simply reserve the money for Foothill. The Beech Avenue tree account is separate from the CALTRANS agreement and may be handled separately. Please let me know what works for you (x 6793). Thank you for your cooperation. cc: A. Beard R. Waddle R. Wellington Y. Patanwala G.:~4;~,nell CITY OF FONTANA Memorandum TO: Ed Okuma, Deputy Finance Director i~ FROH: Laura Dale, Administrative Analyst II, Engineer SUBJECT: Foothill-Beech Sewer Project Tree Replacement Account DATE: August 14, 1990 The City Council apDroved a request to establish a tree replacement account for the Foothill/Beech Sewer Interceptor Project on February 2, 1990. Although this account would have been created in the capital projects budget for FY 90-91, that budget has not yet been approved. The sewer project is moving forward, and we need to reserve these funds as soon as possible. I have attached a copy of the approved agenda item. The tree reserve account should be established in the sewer capital fund, 071, in the following amounts: Foothill Boulevard $43,500 Beech Avenue $52,500 If it is easier to simply designate those accounts as reserved funds without actually carrying over those accounts from year-to- year, please let me know. The commitment we made to CALTRANS included establishing a replacement account for Foothill Boulevard only and furnishing them with a yearly audit of those funds, thus we may not be able to simply reserve the money for Foothill. The Beech Avenue tree account is separate from the CALTRANS agreement and may be handled separately. Please let me know what works for you (x 6793). Thank you for your cooperation. cc: A. Beard R. Waddle R. Wellington Y. Patanwala -~.~.,~f~ell RESOLUTION NO. 90-41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA, CALIFORNIA, TO ESTABLISH A TREE REPLACENENT ACCOUNT FOR THE NITIGATION FOR THE CONSTRUCTION OF A SEWER INTERCEPTOR ALONG FOOTHILL BOULEVARD AND BEECH AVENUE AND TO DIRECT THE FINANCE DIRECTOR TO ESTABLISH THE TREE REPLACENENT ACCOUNT, IN ACCORDANCE WITH THE CITY'S RESPONSIBILITY TO PROVIOE FOR THE HEALTH, WELFARE, AND SAFETY OF THE CITIZENS RESIDING NORTH OF FOOTHILL BOULEVARD IN THE CITY OF FONTANA. ilIEREAS, the City of Fontaria plans to construct a sewer interceptor in Foothill Boulevard and Beech Avenue~ and NIIIEI~, the City of Fontana and the State of California Department of Transportation {Caltrans} have had numerous discussions regarding mitigation of the removal of trees along Foothill Boulevard for the purpose of constructing the Foothill/Beech sewer interceptorl and IIItlE~, there are 27,500 current residents in the City of Fontana north of Foothill Boulevard and an estimated ultimate population in that area of 65,000 residents, and the construction of the sewer interceptor is for the health, safety, and welfare of those residents; and IIHEXEAS, the City of Fontaria is charged with the responsibility of providing for the health, safety, and welfare of the citizens of Fontana and the State Department of Transportation has indicated that it recognizes and shares in this responsibility~ NON, THEREFORE, BE XT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FONTANAAS FOLLONS: Section 1. The City of Fontaria hereby establishes an account to replace all trees removed in the construction of the Foothill/Beech sewer interceptor. The contribution to this fund shall be based upon the replacement value of $300.00 per tree for the 147 affected trees. Section 2. The City of Fontana shall provide Caltrans with an annual accounting of the established tree replacement account. Section 3. The City shall accomplish the matters set forth in Sections 1 and 2 of this resolution pursuant to Caltrans' reissuance of the permit to the City of Fontana for the construction of the Foothill/Beech sewer interceptor and for the removal of the trees located in the project site, A~I~OVEDAllADOPTI]) this 27th day of FebDiary , 1990. ATTEST: Ci{y Clerk I, Nartha R. Steenbock, City Clerk of the City of Fontaria and Ex-Officio Clerk of the City Council, do hereby certify that the foregoing Resolution was duly and regularly adopted at a regular meeting thereof, held on the 27thday of Feb~a~ , lggO, by the following vote, to-wit: AYES: Mayor Simon, Council Members Abernathy, Boyles, Kragness, Murray NOES: None ABSENT: None City Clerk of the City of Fontana APPROVED AS TO FORM: City Attorney