Common use of Tree Removal and Replacement Clause in Contracts

Tree Removal and Replacement. Tree removal will be avoided wherever possible. The LACMTA shall strictly comply with a tree removal and replacement plan that will ensure that any landscaping removed as a result of C1045 Contract Construction is eventually returned to its condition prior to removal. The tree removal and replacement plan shall substantially conform to the following requirements: • New replacement trees shall be a 36” box of the same species and planted in the same location as the removed tree when not in conflict with new infrastructure, in which case the City’s arborist shall designate an alternative location and/or size; • New replacement palm trees shall be a minimum 20’ in height; • The LACMTA shall replace trees within six (6) months of restoration and completion of that portion of Wilshire Boulevard that may impact the tree. To the extent feasible, the LACMTA shall replace trees on an ongoing basis so long as doing so does not conflict with future C1045 Contract Construction; and • The LACMTA shall mitigate the City’s lost value as a result of tree removal by compensating the City for the difference in lost value between removed trees and new replacement trees, with the difference in value determined using the TFM (Trunk Formula Method) as defined in “Guide for Plant Appraisal, 9th Edition”. The LACMTA shall coordinate with the City’s arborist to ensure that the tree removal and replacement plan is executed to the satisfaction of the City’s arborist. The LACMTA or its contractor(s) shall maintain all trees landscaping installed by the LACMTA or its contractor(s) for a period of three (3) years from the date of planting and shall warranty the trees and landscaping for one (1) year after planting. Prior to the end of the one year warranty period, the City, LACMTA and its Contractors will conduct an inspection of all replacement trees and landscaping for general health as a condition of final acceptance by the City. If, in the City’s sole determination, a replacement tree or landscaping does not meet the health requirements of the City, then the LACMTA shall replace that tree within thirty (30) days. For any trees or landscaping that must then be removed, the original warranty shall be deemed renewed commencing from when the tree or landscaping is replaced.

Appears in 2 contracts

Samples: Memorandum of Agreement, Memorandum of Agreement

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Tree Removal and Replacement. Tree removal will be avoided wherever possible. The LACMTA shall strictly comply with a tree removal and replacement plan that will ensure that any landscaping removed as a result of C1045 C1120 Contract Construction is eventually returned to its condition prior to removal. The tree removal and replacement plan shall be approved in writing by the City before any trees are removed and shall substantially conform to the following requirements: • New replacement trees shall be a 36” box of the same species and planted in the same location as the removed tree when not in conflict with new infrastructure, in which case the City’s arborist shall designate an alternative location and/or size; • New replacement palm trees shall be a minimum 20’ in height; DRAFT • The LACMTA shall replace trees within six (6) months of restoration and completion of that portion of Wilshire Boulevard that may impact the tree. To the extent feasible, the LACMTA shall replace trees on an ongoing basis so long as doing so does not conflict with future C1045 C1120 Contract Construction; and • The LACMTA shall mitigate the City’s lost value as a result of tree removal by compensating the City for the difference in lost value between removed trees and new replacement trees, with the difference in value determined using the TFM (Trunk Formula Method) as defined in “Guide for Plant Appraisal, 9th Edition”. The LACMTA shall coordinate with the City’s arborist to ensure that the tree removal and replacement plan is executed to the satisfaction of the City’s arborist. The LACMTA or its contractor(s) Contractor shall maintain all trees and other landscaping installed by the LACMTA or its contractor(s) Contractor for a period of three (3) years from the date of planting and shall warranty the trees and landscaping for one (1) year after planting. Prior to the end of the one year warranty period, the City, LACMTA and its Contractors Contractor will conduct an inspection of all replacement trees and landscaping for general health as a condition of final acceptance by the City. If, in the City’s sole determination, a replacement tree or landscaping does not meet the health requirements of the City, then the LACMTA shall replace that tree within thirty (30) days. For any trees or landscaping that must then be removed, the original warranty shall be deemed renewed commencing from when the tree or landscaping is replaced.

Appears in 1 contract

Samples: Memorandum of Agreement

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Tree Removal and Replacement. Tree removal will be avoided wherever possible. The LACMTA shall strictly comply with a tree removal and replacement plan that will ensure that any landscaping removed as a result of C1045 C1120 Contract Construction is eventually returned to its condition prior to removal. The tree removal and replacement plan shall be approved in writing by the City before any trees are removed and shall substantially conform to the following requirements: • New replacement trees shall be a 36” box of the same species and planted in the same location as the removed tree when not in conflict with new infrastructure, in which case the City’s arborist shall designate an alternative location and/or size; • New replacement palm trees shall be a minimum 20’ in height; • The LACMTA shall replace trees within six (6) months of restoration and completion of that portion of Wilshire Boulevard that may impact the tree. To the extent feasible, the LACMTA shall replace trees on an ongoing basis so long as doing so does not conflict with future C1045 C1120 Contract Construction; and • The LACMTA shall mitigate the City’s lost value as a result of tree removal by compensating the City for the difference in lost value between removed trees and new replacement trees, with the difference in value determined using the TFM (Trunk Formula Method) as defined in “Guide for Plant Appraisal, 9th Edition”. The LACMTA shall coordinate with the City’s arborist to ensure that the tree removal and replacement plan is executed to the satisfaction of the City’s arborist. The LACMTA or its contractor(s) Contractor shall maintain all trees landscaping installed by the LACMTA or its contractor(s) Contractor for a period of three (3) years from the date of planting and shall warranty the trees and landscaping for one (1) year after planting. Prior to the end of the one year warranty period, the City, LACMTA and its Contractors Contractor will conduct an inspection of all replacement trees and landscaping for general health as a condition of final acceptance by the City. If, in the City’s sole determination, a replacement tree or landscaping does not meet the health requirements of the City, then the LACMTA shall replace that tree within thirty (30) days. For any trees or landscaping that must then be removed, the original warranty shall be deemed renewed commencing from when the tree or landscaping is replaced.

Appears in 1 contract

Samples: Memorandum of Agreement

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