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HomeMy WebLinkAboutORDINANCE - 3133 - 8/21/2007 - TREE REMOVAL/REPLACEMENT PROGRAM/EMERALD ASH BORERORDINANCE NO. 3133 AN ORDINANCE AUTHORIZING THE MAYOR AND CLERK TO EXECUTE VARIOUS AGREEMENTS IN ORDER TO IMPLEMENT A TREE REMOVAL AND REPLACEMENT PROGRAM AS A RESULT OF THE EMERALD ASH BORER INFESTATION WHEREAS, the Emerald Ash Borer (EAB) is an exotic beetle whose larvae feed on the inner bark of ash trees, disrupting the tree's ability to transport water and nutrients, ultimately causing the destruction of the infested tree; and WHEREAS, the EAB was initially discovered in the United States in southeastern Michigan in 2002 and has since spread to Ohio, northern Indiana, and northern Illinois as recently as 2006; and WHEREAS, based on information the Village has received from the Illinois Department of Agriculture and other sources, the Mayor and Board of Trustees have determined that many, if not all, ash trees in the Village, whether Village-oNvned parkway trees or trees on private property, may be jeopardized by this disease; and WHEREAS, any such loss would substantially escalate the cost of replacement trees due to an increased demand for same; and WHEREAS, the Mayor and Board of Trustees have further determined it is in the best interest of the Village to adopt an all-encompassing tree removal and replacement policy for Village parkway and private residential trees providing discounted pricing and insuring an adequate supply of replacement trees; and WHEREAS, due to the potential hazard and emergency to the Village as well as the fact that tree removal and tree replacement require the contracting of professional services, the awarding of contracts on the basis of submitted quotes is deemed to be in the best interest of the Village; and WHEREAS, based on the recommendation of the Department of Public Works, which recommendation considered price, prior favorable experience with the Village, and the need for effective and timely responses to potentially hazardous situations, it was determined to award the tree harvesting and the tree planting contracts to Eugene A. De St. Aubin & Bros. Inc. and St. Aubin Nursery and Landscaping, Inc. respectively, and a contract for tree removal services to Powell Tree Care. Inc. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, Illinois as follows: Section 1: That this Ordinance is adopted pursuant to the Village's Home Rule Authority. Section 2: That the Mayor and Village Clerk are hereby authorized to execute on behalf of the Village. the following contracts. which contracts are attached hereto and incorporated herein: a. Tree Harvesting Agreement b. Tree Planting Agreement c. Village Parkway and Private Residential Tree Removal Agreement Section 3: That this Ordinance shall be in full force and effect from and after its passage and approval according to law. VOTE: AYES: 6 NAYS: 0 ABSENT: 0 PASSED this 21" day of August, 2007. APPROVED this 2151 day of August, 2007. APPROVED: Mavor Cram B. Johnson Village of Elk Grove Village ATTEST: Ann I. Walsh, Village Clerk TREE HARVESTING AGREEMENT This Agreement made and entered into this day ofbv5r ,2007 by and between the Village of Elk Grove Village, an Illinois Municipal Corporation (Village) and Eugene A. de St. Aubin & Bro. Inc. (St. Aubin's): WITNESSETH: WHEREAS, the Village is desirous of insuring the availability of replacement trees for future planting in the Village which may become necessary as a result of existent diseases affecting trees in our area; and WHEREAS, St. Aubin's is desirous of planting a designated amount of tree liners each year for a five (5) year period in an area on St. Aubin's property to be exclusively dedicated for planting for the Village's need and harvesting and selling said trees to the Village; and WHEREAS, the Village and St. Aubin's deem it necessary and appropriate to establish and set forth all the terms and conditions of said planting, harvesting and sale. NOW, THEREFORE for good and valuable consideration, it is hereby agreed by and between the parties hereto as follows: PLANTING - St. Aubin's will plant five -hundred (500) trees annually in the form of tree liners for a period of five (5) years commencing in 2007 (the Planting Years). For 2007, the trees will be from liners and pots already established, the designation of type and number thereof shall be as set forth as Exhibit A, attached hereto. Thereafter, the type of trees and quantities of same totaling five -hundred (500) shall be as requested by the Village, with the advice of St. Aubin's, and after a. determination of availability. 2. LOCATION/OWNERSHIP — The Village will be assigned a designated plot of land on St. Aubin's property to plant, cultivate and harvest the twenty-five hundred (2,500) trees to be purchased under the terms of this contract. Once planted, the trees will become the property of the Village and shall not be subject to attachment by any creditor of St. Aubin's or made available for any user other than the Village. 3. MAINTENANCE - St. Aubin's will provide professional nurserymen for the purpose of administering all care, pruning and other required maintenance until such time as the trees are harvested. The care rendered shall be in accordance with American Standard for Nursery Stock (ANSI Z26.01-2004). Required maintenance shall include a drip irrigation system. 4. HARVESTING — Commencing in the year 2012, and continuing through 2016 (the Harvesting Years) St. Aubin's will harvest five - hundred (500) trees and shall harvest five -hundred (500) trees annually thereafter until such time as all two -thousand five -hundred (2,500) planted trees have been harvested. The Village, with the advice of St. Aubin's, will determine which five -hundred (500) trees will be harvested during the five (5) harvesting years, it being the intention to harvest four inch (4") diameter trees. All trees harvested will be dug, balled and bagged in accordance with the aforementioned standards and the specifications established in the Illinois Nurserymen Standards. Delivery and replanting of trees are not included in this contract. The Village shall have the option in any harvest year, to harvest more or less than the designated number of five -hundred (500). This option shall be exercised based upon the need in any given year, provided that, the number of trees harvested shall not be less than four -hundred (400) nor more than six -hundred (600) in any given year, unless a larger or smaller number is agreed upon by St. Aubin's. 5. GUARANTEEIMSK - With respect to the mortality risk of all trees planted and owned by the Village pursuant to this contract, it is understood that St. Aubin will guarantee that ninety percent (90%) of the stock will be available for harvesting. Should the specific trees planted during the planting years fail to meet the guaranteed number of trees to be provided (2,250), then St. Aubin shall use its existing stock to cure any such deficiency, the type and number to be determined by the Village. 6. THIRD PARTY PURCHASERS - Should the Village, for whatever reason, not be able to plant all of the purchased trees set forth in this contract during the planting years, the Village shall have the right to assign their interest in said purchase to third party entities or individuals in the sole discretion of the Village. Any third party purchaser shall have the same rights as the Village contained herein and will not be entitled to delivery and replanting of any trees purchased except as provided by the Village's Tree Planting EXHTRIT A 50 Swamp White Oak 100 Autum Blaze Maple 50 Burr Oak 50 Red Oak 50 Honey Locust 100 Sugar maple 50 Greenspire Linden 50 Deborah Maple Agreement. Payment by the third party purchaser will be directly to the Village. 7. COST/PAYMENT - The Village shall pay to St. Aubm's the sum of $833,325.00 payable in ten (10) equal installments of $83,332.50. The first installment is payable on or before August 1, 2007 with the remaining installments to be payable on the anniversary date of the initial payment for the succeeding nine (9) years. 8. BINDING AGREEMENT — This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, and their respective successors and assigns. The parties further acknowledge and agree that this Agreement shall be governed and construed under the laws of the State of Illinois. In case of default, each party may pursue such remedy as provided by law, including specific performance. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the date first above written. _EUGENE A. DE ST. AUBIN & BRO.INC VILLAGE OF ELK GROVE VILLAGE By: Attest: Ann I. Walsh Village Clerk H:Treplant in-andharvestin Pareement By: Craig B. Johnson Craig B. Johnson Mayor TREE PLANTING AGREEMENT This Agreement made and entered into this 5 day of !lUS� .2007 by and between the Village of Elk Grove Village, an Illinois Municipal Corporation (Village) St. Aubin Nursery and Landscaping Inc (St. Aubin's): WITNESSETH: WHEREAS, the Village and St. Aubin's have entered into a Tree Harvesting Agreement, made and entered into by the parties on the oZ/sr day of t4TV&VS , 2007 wherein St. Aubin's will plant designated trees on behalf of the Village for a five (5) year period and thereafter harvest said trees for an additional five (5) year period: and WHEREAS, the provisions of the Harvesting Agreement do not entitle the Village to have the trees delivered and replanted in the Village of Elk Grove Village; and WHEREAS; the Village is desirous of having St. Aubin's deliver and plant all of the trees purchased by the. Village in the Tree Harvesting Agreement at designated locations in the Village and St. Aubin's is desirous of delivering and planting said trees for the Village in accordance with the terms of this Agreement. NOW, THEREFORE, for good and valuable consideration, it is hereby agreed by and between the parties as follows: Deliver, and PlantinIZ/Base Price - Commencing in 2012 and continuing for a five (5) year period, St. Aubin's will deliver and plant all of the trees incorporated into the Tree Harvesting Agreement by and between the parties hereto at designated locations in the Village of Elk Grove Village. The cost for delivery and planting shall be determined by establishing a base amount depending on the size of the tree and increasing the base amount established in 2007 for succeeding years by annual increases based on a formula hereinafter set forth relating to the Consumer Price Index. The initial base price for the delivery and planting of said trees shall be as follows: Size of Tree Delivery and Cost 1 %2" $120.00 3" 175.00 3 ''/z" 220.00 4" 235.00 41/2" 285.00 2. Annual Increases - The base price for each tree delivered and planted during each year subsequent to 2007, through and including the last year specified in this Agreement, shall be adjusted annually to reflect any increased inflation which shall be determined'by, and as published monthly by, the United States Department of Labor, Consumer Price Index, for all urban consumers, all items, for the Chicago -Gary -Kenosha Illinois -Indiana -Wisconsin area 1982- 1984 = 100. To calculate the cost of installation for each tree for each subsequent year, the cost per tree for the current year shall be multiplied by a fraction. The numerator of the fraction shall be the Index as of the October I preceding the January 1 beginning of each subsequent year, the denominator shall be the Index as of the October 1 of the year immediately preceding the October 1 date set forth in the numerator. Thus, for example, the cost for the delivery and installation of each tree, for the subsequent calendar year (2008); shall be: Index, as of October 1, 2007 (not yet available) Current Year (2007) of $235.00 X --------------------------------------------------------- (4" tree) Index, as of October 1, 2006 (which was 197.500). Each subsequent year would be calculated in the same manner whether or not trees were to be delivered or actually delivered for that particular year. Under no circumstances shall the cost for any subsequent year decrease from the amount in effect for the immediately preceding year. If the Index is changed so that the Base Period of 1982-1984 = 100 is no longer being used, then the index shall be converted in accordance with the conversion factor published by the U S Department of Labor, or if such index is discontinued or revised during any subsequent year of this Agreement, by using such other index or computation that shall obtain substantially the same result as would be obtained if the Index had not been revised or discontinued. 3. PrevailinI4 Wal4e Change in Negotiation - Should the Prevailing Wage rates as established by the Illinois Department of Labor change to the extent that wages of St. Aubin's are affected by said prevailing wage rate change, thus requiring St. Aubin's to pay employees substantially increased wages in order to continue with a contract with the Village, then, and in that event, the Village and St. Aubin's will renegotiate the delivery and planting costs herein above -set forth. Should the Village and St. Aubin's be unable to agree on a renegotiated planting and delivery price, then this contract shall thereafter be deemed null and void. In such instance, all other agreements between the Village and St. Aubin's will remain in full force and effect. 4. Private Partv Sale, Delivery and Planting - Should private residents of the Village, also be affected by the existent diseases affecting Village trees, then and in that instance, the private party, who must be located within the corporate limits of the Village of Elk Grove Village, may purchase trees from St. Aubin at a Village resident discount and shall be entitled to have said trees delivered and planted on their private property. The cost of delivery and planting to the private resident shall be cost set forth in Paragraph 1 as increased by Paragraph 2 for each subsequent year, plus a private planting cost of $.50 per foot from the sidewalk to the location where the tree is being planted. Payment for the private delivery and planting shall be between the resident and St. Aubin's. 5. Guarantee - All trees planted under this Agreement shall be guaranteed by St. Aubin's for a period of two (2) years from the date of delivery and planting of each tree. 6. Binding Agreement - This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, and their respective successors and assigns. The parties further acknowledge and agree that this Agreement shall be governed and construed under the laws of the State of Illinois. In case of default, each party may pursue such remedy as provided by law; including specific performance. IN WITNESS WHEREOF, the parties hereto caused this Agreement to be executed on the date first above written. ST. AUBIN NURSERY & LANDSCAPING, INC. VILLAGE OF ELK GROVE VILLAGE By: . Craig B. Johnson Craig B. Johnson Mayor Attest: Ann I. Walsh Village Clerk R EEPLANTINGAGREEMENTSTAUBINS VILLAGE PARKWAY AND PRIVATE RESIDENTIAL TREE REMOVAL AGREEMENT This Agreement made and entered into this 28th day of A„gu-t 2007 by and between the Village of Elk Grove Village, an Illinois Municipal Corporation (Village) and Powell Tree Care, Inc. (Powell): WITNESSETH: WHEREAS, the Village is desirous of insuring the availability of tree removal services which may become necessary as a result of existent diseases affecting trees in the Village; and WHEREAS, Powell is desirous of providing tree removal services for Village parkway trees and residential trees on an exclusive and discounted basis; and WHEREAS, the Village and Powell deem it necessary and appropriate to establish and set forth all the terms and conditions of said tree removal services. NOW THEREFORE, for good and valuable consideration, it is hereby agreed by and between the parties hereto as follows: Powell shall provide tree removal services for parkway trees infested with the Emerald Ash Borer as per the Illinois Department of Agriculture's guidelines and requirements and the Village shall pay to Powell, the price for the removal of parkway trees as set forth hereinafter, which prices are the base prices for the years 2008 through 2011. The amount to be paid for each tree removed during each year subsequent to 2011 shall be adjusted annually to reflect any increase in inflation, which shall be determined by, and as published monthly by the United States Department of Labor, Consumer Price Index, for all urban consumers, all items, for the Chicago -Gary -Kenosha — Illinois, Indiana Wisconsin area 1982-1984 — 100. To calculate the cost of removal for each tree for each subsequent year after 2011, the cost per tree for the current year shall be multiplied by a fraction. The numerator of the fraction shall be index as of the October 151 preceding the January I" beginning of each subsequent year, the denominator shall be the index as of the October I" of the year immediately preceding the October I" date set forth in the numerator. Thus, for example, the cost for the removal of each tree for the subsequent calendar year (2012) shall be: Current Year (2011) of $200.00 (10" DBH) X Index as of October 1, 2011 Index as of October 1, 2010 2. Powell shall remove, haul and grind stumps of infested parkway ash trees within the Village of Elk Grove Village. Trees shall be chipped on site to a size measuring no less than one 1.0 inch in two dimensions. Chips are to be hauled to an approved certified processing site within the quarantine zone as established by the State of Illinois. Stumps are to be ground eight (8") inches below grade level, and backfilled with soil. 3. The price for tree removal has been calculated according to the diameter of the tree at breast height (DBH) and is as follows: Base Prices for 2008-2011 - 0" to 10" DBH: $20.00 per inch - 10.1" to 20" DBH: $25.00 per inch - 20.1" to 30" DBH: $35.00 per inch - 30.1" to 35" DBH: $55.00 per inch - 35.1" to 40'' DBH: To be specifically estimated . A required surcharge may be added to the above prices if any are imposed by the certified processing site which will accept the infested debris. 4. Powell shall remove residential trees infested with the Emerald Ash Borer subject to the same conditions and requirements established for Village parkway trees and with yearly increases after the year 2011 determined in the same manner as the. Increase is established for Village parkway trees but with a base price for the years 2008 through 2011 as follows: Base Prices for 2008 — 2011 - 0" to 10'DBH: $24.50 per inch - 10.1" to 15" DBH: $32.50 per inch - 15.1" to 25" DBH: $50.00 per inch - 25.1'' to 30" DBH: $62.50 per inch - 30.1" and above: To be specifically estimated $200.00 minimum show up charge Due to the location of trees in residential yards; certain additional charges may be assessed. Additional assessed charges will not exceed $80.00 per man hour, plus materials and dumping fees if applicable and shall be assessed, if at all, for the following: - extensive surface roots - small gates - taking down fence section(s) for access - putting up plywood in tight areas to protect lawn, siding, A/C units, window, etc. - power lines - cement cavities or metal within tree - cables or bolted trees - any unmovable breakable objects under or around trees that must be worked around including but not limited to: -sheds, fences, pools, hot tubs, paver bricks, resident's house, sunroom, neighbor's house(s), decks, or trees in decks, trees in wells, trees with railroad ties, timbers, bricks, benches, plants, flowers, rocks, and excess soil, etc. around them, potted plants, swing sets, statues, birdbaths, gazebos, grills, ponds, berms, fences, other trees, garages, etc. Powell shall notify JULIE to install utility marking where applicable. Powell will not assume any liability or responsibility for private underground lines that JULIE cannot mark and that are not marked by the resident, including underground dog fences, Malibu lights, gas grill lines, and the like. Payment for trees removed in the Village parkway shall be due ten (10) days after warrant approval by the Elk Grove Village Board of Trustees. Payment for residential work is due upon completion. A deposit may be required upon acceptance of the removal contract. A 2% per month service charge will be added on overdue accounts. Acceptable payment methods include cash, -check or credit card. 7. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, and their respective successors and assigns. The parties further acknowledge and agree that this Agreement shall be governed and construed C! 8. under the laws of the State of Illinois. In case of default, each party may pursue such remedy as provided by law; including specific performance. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the date first above written. Powell Tree Care, Inc. By: Attest: Ann I. Walsh Village Clerk K powe I I treecontract. com Village of Elk Grove Village By: Craig B. Johnson Craig B. Johnson Mayor