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Home My WebLink AboutORDINANCE - 3291 - 3/13/2012 - AGREEMENT - ST. AUBINORDINANCE NO. 3291 AN ORDINANCE AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE VARIOUS AMENDATORY AGREEMENTS IN ORDER TO SUPPLEMENT A TREE REMOVAL AND REPLACEMENT PROGRAM AS A RESULT OF THE EMERALD ASH BORER INFESTATION WHEREAS, in 2007, the Village became aware of the need to implement planting and harvesting programs in light of the infestation of the Emerald Ash Borer which would jeopardize the existing ash trees in the Village; and WHEREAS, as a result, the Village Board adopted Ordinance No. 3133, duly passed and approved on August 21, 2007, which Ordinance approved contracts for harvesting 2,500 trees over a five (5) year period and causing same to be replanted in the Village over an additional five (5) year period; and WHEREAS, the Emerald Ash Borer has in fact infested ash trees in the Village and it is necessary that the Village take additional emergency action to replace all of the ash trees so infested and thus amend the contracts approved by Ordinance No. 3133 accordingly. 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 an emergency exists with respect to the Emerald Ash Borer infestation in the Village to the extent that immediate action by the Village is necessary. Section 2: That this Ordinance is adopted pursuant to the Village's Home Rule Authority. Section 3: That the Mayor and Village Clerk are hereby authorized to execute, on behalf of the Village, the following Amendatory Contracts: 1. Amendment to Tree Harvesting Agreement 2. Amendment to Tree Planting Agreement Section 4: That this Ordinance shall be in full and effect from and after its passage and approval according to law. VOTE: AYES: 6 NAYS: 0 ABSENT:0 PASSED this 13`h day of March 2012. APPROVED this 13`h day of March 2012. APPROVED: Mayor Craig B. Johnson Village of Elk Grove Village ATTEST: Judith M. Keegan, Village Clerk Ord Hmcra Wash horcrcontrnciame n dinems AMENDMENT TO TREE PLANTING AGREEMENT This Amendment To Tree Planting Agreement made and entered into this 13"' day of March 2012 by and between the Village of Elk Grove Village, an Illinois Municipal Corporation (Village) and St. Aubin Nursery and Landscaping, Inc. (St. Aubin's) amends the original Tree Planting Agreement dated August 21, 2007. WITNESSETH: WHEREAS, the Village and St. Aubin's entered into a Tree Planting Agreement dated August 21, 2007 wherein St. Aubin's will plant some two -thousand five hundred (2,500) trees at designated locations in the Village of Elk Grove Village over a five year (5) period commencing in 2012; and WHEREAS, due to the impact of the Emerald Ash Borer infestation, the Village has amended its original Tree Harvesting Agreement by adding one -thousand (1,000) additional trees over an added two (2) year period; and WHEREAS, as a result, it is necessary to amend the original Tree Planting Agreement to provide for the planting of said additional one -thousand (1,000) trees as well as adjust the pricing for the planting of the original twenty-five hundred (2,500) trees due to current market conditions. NOW, THEREFORE for good and valuable consideration, it is hereby agreed by and between the parties as follows: 1. That Paragraph I of the original Tree Planting Agreement dated August 21, 2007 is hereby deleted in its entirety and replaced and amended by the following: Delivery and Plantina/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 at a cost of one hundred thirty ($130.00) dollars per tree for a 4" tree. In addition, the four hundred fifty (450) supplemental additional trees set forth in the Amendment to the Tree Harvesting Agreement will also be delivered and planted at a cost of one hundred thirty ($130.00) dollars per tree. 2. That the cost of planting the additional one -thousand (1,000) trees in years 2017 and 2018 will be at such price as mutually agreed upon by the parties prior to April 3Q 2016. Commencing in 2012 and continuing for a five (5) year period, St. Aubin's agrees to furnish, deliver and install an undetermined quantity of 2 '/2 inch caliper trees for residents and businesses in the Village at a unit price of two - hundred nineteen dollars ($219.00) per tree. The trees offered will be of a similar variety provided to the Village with the exception of size. All taxes shall be included in the unit price. Residents and businesses requesting trees to be planted on private property will order their trees separately and shall be invoiced by St. Aubin's separately from the Village contract. Residents and businesses will pay St. Aubin's direct. St. Aubin's shall be solely responsible for notifying J.U.L.I.E. (Joint Utility Locating Information for Excavators) with precise location for the proposed private tree plantings. St. Aubin's shall guarantee each tree for one (1) full year after it has been planted. Upon request of the private property owner, the Village will inspect trees planted under the contract to determine whether replacement or removal is necessary. St. Aubin's will bear the full cost of replacement if the Village determines the tree needs to be replaced. St. Aubin's is obligated to restore each planting location to a clean and neat condition. All debris resulting from the planting operation shall be removed from the site and discarded by St. Aubin's. St. Aubin's shall be responsible to repair or replace any/all private lawn or private property damaged by St. Aubin's equipment or labor. IN WITNESS WHEREOF, the parties hereto caused this Agreement to be executed on the date first above written. ST. ALBIN NURSERY & LANDSCAPING, INC. VILLAGE OF ELK GROVE VILLAGE By: Mayor Craig B. Johnson Mayor Craig B. Johnson Attest: Judith M. Keegan, Village Clerk Judith M. Keegan, Village Clerk Amencimential reeplantineap eemem AMENDMENT TO TREE HARVESTING AGREEMENT This Amendment made and entered into this 13`h day of March 2012 to the original Tree Harvesting Agreement dated August 21, 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 and St. Aubin's entered into a Tree Harvesting Agreement dated August 21, 2007 with respect to the harvesting of trees as replacements for those trees damaged by the Emerald Ash Borer; and WHEREAS, the impact on the infestation of ash trees in Elk Grove Village has been determined to be more significant than originally predicted; and WHEREAS, the Village and St. Aubin's deem it necessary and appropriate to amend the original Tree Harvesting Agreement by harvesting additional trees and extending the Agreement two (2) additional years. NOW, THEREFORE for good and valuable consideration, it is hereby agreed, as an amendment to the Tree Harvesting Agreement dated August 21, 2007, as follows: 1. That Paragraph 1 — PLANTING of the Tree Harvesting Agreement be amended by adding thereto the following: In addition, in 2012 and 2013, St. Aubin's will plant a total of one -thousand (1,000) additional trees, the type of trees and quantities of same shall be as mutually agreed upon by the parties. 2. That Paragraph 4 — HARVESTING of the Tree Harvesting Agreement be amended by adding thereto the following: In addition, the additional one -thousand (1,000) trees shall be harvested, live hundred (500) in 2017 and five hundred (500) in 2018, with the Village again reserving the right to increase or decrease the number in any one harvesting year, provided that the number be not less than four hundred (400) nor more than six hundred (600) trees in any one given year. 3. That Paragraph 7 —COST/PAYMENT of the Tree Harvesting Agreement be amended by adding thereto the following: In addition, the Village will pay two hundred dollars ($200.00) per tree for the additional one -thousand (1,000) trees, payable as follows: a. $50.00 per tree up to 500 trees payable on or before April 1, 2012 and $50.00 per tree for the remaining number of trees up to a total of one -thousand (1,000) payable on or before April 1, 2013. b. The remainder of one hundred fifty dollars ($150.00) per tree shall be paid on or before August 1, 2017 and August 1, 2018 respectively based on the number of trees planted in each year. That the Tree Harvesting Agreement be amended by adding thereto Paragraph 9 which shall read as follows: 9. SUPPLEMENTAL ADDITIONAL TREES — In 2012, 2013 and 2014, St. Aubin's will provide one hundred fifty (150) additional 4" trees per year, seventy five (75) in the Spring and seventy five (75) in the Fall at a price of seventy dollars ($70.00) per tree provided that one-third of these additional trees may be "Triumph Elm". That all of the other provisions of the Tree Harvesting Agreement shall remain in full force and effect. 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: Mayor Craig B. Johnson Mayor Craig B. Johnson Attest: Judith M. Keegan, Village Clerk Judith M. Keegan, Village Clerk Amend nen U reeharveslineagreenrenl