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HomeMy WebLinkAboutRESOLUTION - 22-14 - 6/17/2014 - POWELL TREE AGREEMENTRESOLUTION NO. 22-14 A RESOLUTION AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE A VILLAGE PARKWAY TREE REMOVAL AGREEMENT BETWEEN THE VILLAGE OF ELK GROVE VILLAGE AND POWELL TREE CARE, INC. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, State of Illinois as follows: Section 1: That the Mayor be and is hereby authorized to sign the attached document marked: VILLAGE PARKWAY TREE REMOVAL AGREEMENT a copy of which is attached hereto and made a part hereof as if fully set forth and the Village Clerk is authorized to attest said document upon the signature of the Mayor. Section 2: That this Resolution 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 17th day of June 2014. APPROVED this 17th day of June 2014. APPROVED: Mayor Craig B. Johnson Village of Elk Grove Village ATTEST: Judith M. Keegan, Village Clerk ResPowelltreeremovalagree VILLAGE PARKWAY TREE REMOVAL AGREEMENT This Agreement made and entered into this 17"' day of June, 2014 by and between the Village of Elk Grove Village (Village), an Illinois Municipal Corporation and Powell Tree Care, Inc. (Powell): WITNESSETH: WHEREAS, the Village and Powell have previously entered into a Parkway and Private Residential Tree Removal Agreement dated August 28, 2007; and WHEREAS, on January 24, 2012, the Village and Powell entered into a renewal contract for an additional one year (1) period with two (2) one-year renewal options available with the mutual consent of the parties; and WHEREAS, the January 24, 2012 Agreement was extended for the additional two years as Powell was still in the process of removing trees infested with the Emerald Ash Borer, the two year additional extensions expiring on April 30, 2014; and WHEREAS, due to the extreme number of original and newly discovered infested trees, it is necessary, vital and in the best interest of the Village to enter into a new tree removal agreement with Powell for an additional two year (2) period. NOW THEREFORE, for good and valuable consideration, it is hereby agreed, by and between the parties hereto as follows: 1. TERM 1.1 The term of this contract will be for the period of May 1, 2014 through April 30, 2016. 2. PARKWAY TREE REMOVAL 2.1 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. 2.2 Powell shall remove, haul and grind stumps of infested parkway Ash trees. Trees shall be chipped on site to a size reassuring no less than one inch (I") in two (2) dimensions. Chips are to be hauled to an approved certified processing site within the quarantined zone as established by the State of Illinois. Stumps are to be ground eight inches (8") below grade level and back-filled with soil. -2- 3. PRICE The price for tree removal has been calculated according to the diameter of the tree at breast height (DBH) and is as follows: 0" to 10" DBH 10.1" to 20" DBH 20.1" to 30" DBH 30.1" to 35" DBH 4. PAYMENT $17.20 per inch $21.50 per inch $30.10 per inch $47.30 per inch 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. 5. SPECIAL CONDITIONS 5.1 Utility Location: Powell must exercise extreme caution, make all necessary arrangements and provide all services to protect existing utility lines adjacent to the work area. Powell shall notify J.U.L.I.E. (800-892-0123) for utility locates prior to commencing any work. Powell shall assume all responsibility for coordinating work with the utilities involved. 5.2 Working Hours: Allowable working hours shall be from 7:00 a.m. to 7:00 p.m. Monday through Friday except in the case of maintaining traffic control devices such as barricades and signs or when performing an emergency operation. 5.3 Traffic Control Protection: No work shall commence until traffic control devices provided by Powell are in compliance with Section 700 of the IDOT standard specifications for road and bridge construction, current addition. In no case will Powell obstruct entrance ways into private property without first seeking approval from the Village and the private property owner. 5.4 Supervision: Powell shall provide a qualified Foreman on site at all times. The Foreman shall be authorized by Powell to accept and act upon directives issued by the Village. Each work crew shall have at least one (1) employee on site that is fluent in the English language. 6. SCOPE OF SERVICES 6.1 Number of Tree Removals: Powell shall remove the number of trees as determined by the Village. The Village reserves the right to increase or decrease the quantities as deemed necessary with no alteration of the contract unit prices. 6.2 Work Location: A list of locations of work to be performed will be prepared by the Village and provided to Powell. 6.3 Non -Exclusive Contract: This contract is a non-exclusive contract in that the Village reserves the right to use its own employees to perform tree removal I -3- services. In these situations Powell shall remove, haul and grind the stumps from the trees removed by Village employees and be paid as follows: DIAMETER SIZE PRICE Under 25 Inches $100.00 25 Inches and Over $150.00 7. NOTICE Any and all notices provided for in this Agreement shall be deemed delivered when sent to the respective parties as follows: To Powell: Powell Tree Care, Inc. Attention: David Powell P.O. Be-,,, 1514 Elk Grove Village, IL 60009-1514 8. BINDING AGREEMENT To Village: Village of Elk Grove Village Attention: Vito Sammarco 600 Landmeier Road Elk Grove Village, IL 60007 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. Powell Tree Care, Inc. Attest: Judith M. Keegan Village Clerk Village of Elk Grove Village Craig B. Johnson Mayor