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Home My WebLink About7. MANAGERS REPORT 03/06/2007 INTEROFFICE MEMORANDUM Village of Mount Prospect Mount Prospect, Illinois TO: ASSISTANT VILLAGE MANAGER DAVE STRAHL FROM: IT DIRECTOR DATE: FEBRUARY 23, 2007 SUBJECT: REQUEST TO WAIVE BID AND TO PURCHASE RUGGEDIZED TABL PCS The Fire Prevention Bureau has five tablet PCs that are scheduled for replacement in 2007. The tablet PCsare used by Fire Inspectors who input data from the field. Staff is requesting that the bid process be waived to purchase five Panasonic CF-19 Toughbooks since they are offered from CDS Office Technologies under the CMS Illinois state bid award. Fire Prevention currently uses Microslate semi-ruggedized tablet PCs, but hardware problems have prompted them to look for a more rugged solution. Since Police, Fire, and Public Works have been using Panasonic Toughbooks for a number of years with good results, staff feels that Panasonic Toughbooks would provide a good solution forthe Fire Inspectors. The ruggedized models are built to withstand the rigorous conditions of. the outdoors. The CF-19 is the tablet version of the Toughbook with the swivel display that transforms it from a standard notebook to a tablet PC format. This particular model has the Windows XP Tablet Edition operating system for handwriting recognition, which will be used to fill out electronic forms in the field. Port replicators are included to connect the tablet PC to the Village computer network when they are brought into the office. Specifications and costs for the laptops are listed in the chart below. $23,130 I request that the bid requirement be waived for the purchase of five Panasonic ruggedized tablet PCs laptops from CDS Office Technologies for an amount not to exceed $23,130. Funds are available for the purchase. Please feel free to contact me with any questions or concerns. I:\VB Request Memos\2007 Tablet PC Request.doc ~ rMiddleton IT Director Mount Prospect Mount Prospect Public Works Department iNTEROFFICE MEMORANDUM @ TREE CITY USA TO: VILLAGE MANAGER MICHAEL E. JANONIS FROM: FORESTRY/GROUNDS SUPERINTENDENT DATE: FEBRUARY 28, 2007 SUBJECT: BID RESULTS - TREE TRIMMING - $180,590.00 BACKGROUND Sealed bids for parkway tree trimming were opened on February 19,2007. Prices were sought for trimming trees in areas due for routine pruning on our five-year cycle. As in the past, we also sought prices for emergency tree work in the event of a major stann. Finally, we also included a provision which will allow us to extend the contract for a second year at the same bid prices, if both the contractor and Village agree. BID RESULTS Seventeen invitational bids were mailed and a notice was published in a local newspaper. Seven bids were received. The bid results for trimming an estimated 4604 trees were as follows: R.W. Hendricksen Co. Steve Piper & Sons Asplundh Tree Experts Winkler's Tree Service Kramer Tree Specialists McGinty Brothers B. Haney and Sons $180,590.00 $208,842.90 $225,544.00 $228,685.64 $256,141.00 $360,280.00 $946,680.00 BID DISCUSSION Please note that these bid prices were substantially higher than expected. In fact, the lowest bid submitted is actually 57% higher than our 2005-2006 trimming contract prices. We subsequently called bidders in an attempt to detennine why there was such a large price increase. Almost all bidders mentioned that the cost of fuel and workers compensation have risen substantially. A few indicated that prices were increased because of a projected increase in the cost of handling ash debris (due to Emerald Ash Borer). Others stated that the timing of our bid competes with their peak season for residential work. (Note that we were forced to delay our trimming, removal and stump bids later than normal because we were waiting on decisions from the state in regards to the handling of ash debris.) Our first priority has always been maintenance of existing trees before planting new trees. Because the bids were higher than we estimated, it may be necessary to use funds allocated for tree planting to complete all areas due for trimming on our five-year cycle. The low bidder, R.W. Hendricksen Company, has worked satisfactorily for us in the past on multiple contracts, including our Parkway Trimming and Removal Contracts (2001-2002). Also, they are currently working on our special 2007 "Winter Tree Trimming Contract". H:\Forestry\ WORD\2007\MEMO- TRIM RECOMMEND. DOT Page 2 of 2 BID RECOMMENDATION I recommend award of a possible two-year contract to the lowest qualified bidder, R.W. Hendricksen Company, in an amount not to exceed $180,590.00. Funds are available in the 2007 budget for this proposed contract. If year one is successful, and a contract extension is agreed to by the Village and the contractor, year two will be in whatever amount is appropriated in the 2008 budget. I ~d~ 0&~ . Sandy Clark I concur. .~ Glen R. Adler Director of Public Works Mount Prospect Mount Prospect Public Works Department INTEROFFICE MEMORANDUM ~ TREE CITY USA TO: VILLAGE MANAGER MICHAEL E. JANONIS FROM: FORESTRY/GROUNDS SUPERINTENDENT DATE: FEBRUARY 28, 2007 SUBJECT: BID RESULTS - TREE REMOVALS - $80,000.00 BACKGROUND Sealed bids for parkway tree removals were opened on February 19,2007. This contract requires removal of dead, dying or structurally unsound parkway trees to ground level. We also included a provision which will allow us to extend the contract for a second year at the same bid prices, if both the contractor and Village agree. BID RESULTS Seventeen invitational bids were mailed and a notice was published in a local newspaper. Six bids and one "no bid letter" were received. Bid results to remove an estimated quantity of 132 trees were as follows: Kramer Tree Specialists Steve Piper & Sons Winkler's Tree Service Asplundh Tree Experts B. Haney and Sons McGinty Brothers Nels Johnson Tree Service $126,092.00 $128,512.50 $133,813.65 $133,915.10 $142,476.35 $146,558.50 NO BID DISCUSSION At the time the bid specifications were prepared the actual number of trees to be removed was unknown. However, an estimate that 132 trees would be removed during the year was used for bidding purposes. This number is based on past experience. Bidders were asked to submit a price per inch for removal of trees in each of five different size classes. In order to draw comparisons between various bids, we asked bidders to use our estimated quantities to calculate an extended cost. Please note that these bid prices were substantially higher than expected. In fact, the lowest bid submitted is actually 59% higher than our 2005-2006 removal contract prices. We subsequently called bidders in an attempt to determine why there was such a large price increase. Almost all bidders mentioned that the cost of fuel and workers compensation have risen substantially. A few indicated that prices were increased because of a projected increase in the cost of handling ash debris (due to Emerald Ash Borer). Others stated that the timing of our bid competes with their peak season for residential work. (Note that we were forced to delay our trimming, removal and stump bids later than normal because we were waiting on decisions from the state in regards to the handling of ash debris.) H:\Forestry\ WORD\2007\MEMO-REMOV AL RECOMMEND.DOT The low bidder, Kramer Tree Specialists, has not held our tree removal contract in the past. However, they have performed satisfactorily on our Stump Removal Contracts (1998 and 2000). In addition to the stump contracts, Kramer has been awarded several individual tree removals by being low bidder on "Requests for Quotes". Additionally, Kramer submitted multiple municipal references. BID RECOMMENDATION There are sufficient funds available in the 2007 budget for this proposed contract. I recommend award of a possible two-year contract to the lowest qualified bidder, Kramer Tree Specialists. Year one will be in an amount not to exceed $80,000.00. If year one is successful, and a contract extension is agreed to by the Village and the contractor, year two will be in whatever amount is appropriated in the 2008 budget. .~~ ~ Glen R. Andler Director of Public Works I concur: Mount Prospect Mount Prospect Public Works Department INTEROFFICE MEMORANDUM @ TREE crrv USA TO: VILLAGE MANAGER MICHAEL E. JANONIS FROM: FORESTRY/GROUNDS SUPERINTENDENT DATE: FEBRUARY 28,2007 SUBJECT: BID RESULTS - PARKWAY TREE STUMP REMOVALS - $37,300.00 BACKGROUND Sealed bids for parkway tree stump removals were opened on February 19,2007. This contract requires grinding tree stumps to a 10" - 12" depth, removing the grindings, and restoring the area with topsoil and grass seed. We also included a provision which will allow us to extend the contract for a second year at the same bid prices, if both the contractor and Village agree. BID RESULTS Seventeen invitational bids were mailed and a notice was published in a local newspaper. Six bids were received. Bid results are as follows: Company McGuinn Tree Care Winkler's Tree Service Steve Piper & Sons Asplundh Tree Experts McGinty Brothers Kramer Tree Specialists Price Per Diameter Inch 0-24" $7.05 $11.67 $11.00 $11.75 $13.50 $14.00 Price Per Diameter Inch 25" + $7.20 $11.67 $12.75 $13.50 $18.50 $18.50 DISCUSSION The bid specifications identified 91 stumps existing at the time the specifications were prepared. However, the specifications were written to allow us to add additional stumps throughout the year, if desired, up to the amount budgeted. At this time we do not know how many stumps will need removal, however we typically have to remove approximately 400-500 stumps per year. We propose to award this contract based on the lowest unit cost. Unfortunately, the apparent low bidder, McGuinn Tree Care, did not submit the required references and equipment list, and their bid bond was not properly completed. We faxed and phoned them requesting the required information, but they did not respond. Therefore we rejected their bid. The next lowest bidder, Winkler's Tree Service, has worked satisfactorily for us in the past on multiple contracts, including our Creek TrimminglRemoval Contract (2006) and our Parkway Trimming and Removal Contracts (2003-2004). BID RECOMMENDATION There are sufficient funds available in the 2007 budget for this proposed contract. I recommend award of a possible two-year contract to the lowest qualified bidder, Winkler's Tree Service. Year one will be in an amount not to exceed $37,300.00. If year one is successful, and a contract extension is agreed to by the Village and the contractor, year two will be in whatever amount is appropriated in the 2008 bUd~t. ~~~ ~"sandYCI k I concur: A "'~en R. Andl r - Director of Public Works H:\Forestry\ WORD\2007\MEMO-STUMP RECOMMEND.DOT Mount Prospect Mount Prospect Public Works Department INTEROFFICE MEMORANDUM TO: VILLAGE MANAGER MICHAEL E. JANONIS FROM: PROJECT ENGINEER DATE: MARCH 1,2007 SUBJECT: 2007 STREET RESURFACING CONTRACT AWARD - $2,980,000. Background This year's project represents the eleventh year of the thirteen year extended street improvement program and includes the resurfacing of approximately 5.1 miles of Village streets. Again this year we also combined both the MFT funded program and the Village Street Improvement funded program into one project in order to secure an early and more favorable bid. Bids Results A notice to bidders was published in a local newspaper. Since this project uses MFT funds it was also published in the mOT construction bulletin. On February 26th, at 10:00 A.M. sealed bids for the 2007 Street Resurfacing Program were publicly opened and read aloud. Six general contractors picked up the bid documents and three contractors submitted bids. The bids ranged from a low of$2,412,085.50 by Arrow Road Construction Company to a high of $2,947,357.10 by Johnson Paving Company. The Engineer's estimate for the project is $2,709,470.00. Below is a summary of the bids. Bidders Arrow Road Construction Co. A-Lamp Concrete Contractors me Johnson Paving Co Total Bid $2,412,085.50 $2,438,162.00 $2,947,357.10 Engineer's Estimate $2,709,470.00 PAGE 2 2007 STREET RESURFACING CONTRACT AWARD MARCH 1, 2007 Discussion All bidders submitted IDOT Local Agency Bid Bonds in the amount of 5% of their total bids as required by the Bid Documents. All bids were checked for accuracy. All bidders correctly signed their bids and bid bonds. The low bidder Arrow Road Construction Co. has previously completed street improvements for the Village including the 2005 and 2006 Street Resurfacing Programs and their work was acceptable. The available funding for this project is $2,980,000.00. Even though this year's average unit cost is 17% higher than last year, the low bid of$2,412,085.50 is less than the amount budgeted. Therefore, I recommend that we take advantage of the lower than anticipated unit prices and add additional streets up to the budget limit. Recommendation I recommend that the low bidder, Arrow Road Construction Co. be awarded the contract for the 2007 Street Resurfacing Program in the amount not to exceed $2,980,000.00. There are sufficient funds in the 2007 Budget to cover this proposed contract. d~ ~"~ Joel Michalik I concur with the above recommendation. ~Andler Mount Prospect Public Works Department INTEROFFICE MEMORANDUM ..(i) THEE CI'IT USA DATE: FEBRUARY 28, 2007 TO: VILLAGE MANAGER MICHAEL E. JANONIS FROM: FORESTRY/GROUNDS SUPERINTENDENT SUBJECT: PAYMENT TO METRO FEDERAL CREDIT UNION - $26,158.38 At the March 6, 2007 Committee of the Whole Meeting I will be seeking Board approval to pay $26,158.38 to Metro Federal Credit Union. This should be the last step required to resolve the issues related to Arbor Green's Fall 2006 default on our trimming contract. Backoround Upon the advice of Village Attorney George Wagner, the Village is still holding Arbor Green invoices, totaling $35,895.64, for tree work Arbor Green completed in 2006. Arbor Green was advised that the Village will retain $9,737.26 of this amount to cover the extra costs incurred when we had to re-bid Arbor Green's remaining tree trimming work (recently awarded to R.W. Hendricksen Company), resulting in a revised total of $26,158.38 due to Arbor Green. In the meantime, in December 2006 the Metro Federal Credit Union claimed that the Village should pay them any funds we owed to Arbor Green. They claimed Arbor Green pledged their outstanding Accounts Receivable to the Credit Union as collateral for monies loaned. After extensive review and correspondence between George Wagner, Arbor Green's attorney, and the Credit Union, an agreement authorizing the Village to pay the Credit Union was drafted and signed. Arbor Green agrees that this payment will reiease the Village from any further claims for the 2006 contracts. Copies of applicable correspondence and the final signed agreement are attached. Finance Director David Erb has asked for Village Board approval to release these funds to Metro Federal Credit Union. H:\Forestry\WORD\2007\MEMO-PA Y METRO FEDERAL CREDIT UNIONI.doc Page 2 of 2 Recommendation I recommend that the Village Board authorize payment of $26,158.38 to Metro Federal Credit Union instead of Arbor Green Ltd. Funds to cover this amount will be transferred from the 2006 to the 2007 Budget in account # 0015203-540726. ._...,l ~. ~k Iconcur.~ Glen Adler . Director of Public Works C. Deputy Public Works Director Sean Dorsey H:\Forestry\WORD\2007\MEMO-PA Y METRO FEDERAL CREDIT UNIONJ.doc METRO Federal Credit Union 2440 E. Rand Road Arlington Heights Il60004 847-670-0456 Fax 847-670-0401 December 14,2006 Mr. Wally Schultz Village of Mt Prospect 1700 W Central Mt Prospect IL 60056 Re: Arbor Green, Ltd. Pursuant to a Business Credit and Continuing Security Agreement entered into between Metro Federal Credit Union (the "Credit Union") and its borrower, Arbor Green, Ltd. ("Arbor Green"), the Credit Union is entitled to collect Arbor Green's outstanding Account Receivable, which were pledged to the Credit Union as collateral for monies loaned. Arbor Green has reported to the Credit Union that you owe it a total of .$.1 g,7~6.1 0, for Invok~_#39Q.(1 (copv attachqD. As such, the Credit Union hereby requires that you promptly forward all sums that are due and owing, to the following address: Metro Federal Credit Union Attn: Richard A. Marra 2440 East Rand Road Arlington Heights, IL 60004 Please do not disree:ard this letter or remit payment to any other party unless YOU have received written permission from the Credit Union. If yOU remit payment to any other party. YOU will still be liable to the Credit Union for payment of the total amounts due and owine:. If payment is not received by the Credit Union. it may have to initiate lee:al proceedin2:s to collect such amounts due and owine:. . Please contact Richard Marra at 847-670-0456 with any questions concerning the following. Sincerely, 'l<Jchard 51. Marra ' Richard A. Marra cc: Lauren Newman, Esq. FagelHaber, LLC 312-580-2328 '+ METRO Federal Credit Union 2440 E. Rand Road Arlington Heights IL 60004 847-670-0456 Fax 847-670-0401 December 14,2006 Ms. Sandy Clark Village ofMt Prospect Public Works Department 1700 W Central Mt Prospect IL 60056 Re: Arbor Green, Ltd. Pursuant to a Business Credit and Continuing Security Agreement entered into between Metro Federal Credit Union (the "Credit Union") and its borrower, Arbor Green, Ltd. ("Arbor Green"), the Credit Union is entitled to collect Arbor Green's outstanding Account Receivable, which were pledged to the Credit Union as collateral for monies loaned. Arbor Green has reported to the Credit Union that you owe it a total of $26,045.Q..Q, for Invoice #303jb (copv attach~Ql. As such, the Credit Union hereby requires that you promptly forward all sums that are due and owing, to the following address: Metro Federal Credit Union Attn: Richard A. Marra 2440 East Rand Road Arlington Heights, IL 60004 Please do not disree:ard this letter or remit payment to any other party unless yOU have received written permission from the Credit Union. Ifvou remit payment to any other party. YOU will still be liable to the Credit Union for payment of the total amounts due and owine:. If payment is not received bv the Credit Union. it may have to initiate lee:al proceedine:s to collect such amounts due and owine:. Please contact Richard Marra at 847-670-0456 with any questions concerning the following. Sincerely, 1?jdianf .9L Marra' Richard A. Marra cc: Lauren Newman, Esq. FagelHaber, LLC 312-580-2328 '+ LA W OFFICES ~' l"~. · ..' \'.......; CJ)'.:':U\~7 H i ~ , . .l~ V::::!/ U-'~ KLEIN, THORPE AND JENKINS, LTD. JOSErI-IO. AJIBESIN RfNDA Y. ALLISON TERRENCE M. BARNICLE JAMES P. BARTLEY THOMAS P. BAYER GERARD E. DEMPSEY MICHAEL J. DUGGAN JAMES V. FEROLO JAMES W. FESSl.ER E. KENNETH FRIKER BRIAN M. FUNK CYNTI-IIA S. GRANDFIELD KA THLEEN 1'. HENN EVERElTE M. !-llLL, JR. MICHAEL T. JURUSIK IArrm H KARArA TELEPIIONE (312) 984-6400 FACSIMILE (312) 984-6444 FACSIMILE (312) 606.7077 PATRICK A. LUCA!\:SKY LANCE C. MALINA MICHAEL A. MARRS THOMAS M. MELODY JANET N. PETSCHE DONALD E. RENNER, 1/1 SCOTT F. UHLER GEORGE A. WAGNER ALLEN \\' ALL DENNIS G. WALSH JAMES G. WARGO BRUCE A. ZOLNA SUlTE 1660 20 NORTH WACKER DRIVE CHICAGO, ILLINOIS 60606-2903 ORLA"D PARK OFFICE 15010 S. RAVIl\IA AVE., S~lTE 17 ORLAl'D PARK. II. 60462-3162 TELEPHO:'\E (?08) 349.3888 F.-\CSIMILE (708) 349.1506 OF COUt\SEL JAMES A. RHODES RICHARD T. WIMMER WRITER'S DIRECT DIAL (312) 984-6468 WRITER'S E-MAIL ga\\'gncr1tktincI.com January 22, 2007 VIA CERTIFIED MAIL-RECEIPT nEQUESTED Mr. Richard A, Marra Mr. Scott G. Franz METRO Federal Credit Union Arbor Green, Ltd. 2440 E. Rand Road 30] 6 N. Lake Terrace Arlington Heights, Illinois 60004 Glenview, Illinois 60026 RE: 2006 Tree Removal, Trimming and Stump Removal Contracts Dear Mr. Marra and Mr. Franz, Our law firm represents the Village of Mount Prospect (the "Village"). On December 2l, 2006, I responded to your inquiries on behalf of METRO Federal Credit Union ("METRO"), regarding its claim to monies due Arbor Green, Ltd. ("Arbor Green") from the Village of Mount Prospect under certain invoices. Your letters claimed that the Village \-\'as somehow obligated to pay these funds to METRO. According to the Village's records, the total amollnt that remains due and payable to Arbor Team under the Village's 2006 Tree Removal. Trimming and Stump Removal Contracts (the "Contracts") is as follows: lnv. 3960 In\'. 41 i6 In\-'. 4217 Subtotal: Credit: Stump List #3 Stump List #4 Trimminl]. in Area 2 (225 trees) Billed as $ 18,786.10 but corrected to read: $18.502.70 $12,331.76 $5.061.18 $35,895.64 Additional cost to Village to complete the remainder of the 2006 Tree Trimming Contract Total amount due: $9,737.26 $26,158.38* *Note: this amount does not reflect a credit for more than 200 trees that were not trimmed in accordance with the Contracts' standards. The Village retains the right to a credit for the necessary corrective \\ ork, in the event of any claim for adjustment to the amount due. iManagl." 87745_1 The Village intends to make final payment to Arbor Green in the amount of $26, I 58.38, as the total amount remaining due and payable under the Contracts. Please advise what, if any, legal authority METRO has to calise the Village to make sllch payments to it, rather than Arbor Green. If 1 do not receive a written response, demonstrating such legal authority within fourteen (14) days of the date of this letter, J will advise the Village to make payment to Arbor Green, as provided under its Contracts. If YOll need additional information, please contact me at (312) 984-6468. Sincerely, KLEIN?IJORP/~~.:~~I~ 21....-~.(/Af/. ~.. I. / '--' ~. I~~ C~.r~' ." G~ ge A. . gn -- (/ cc: Michael Janonis, Village Manager G!en Andler, Director of Public Warks Sandy Clark, Village Supf. of Forestry and Grounds Everette M. Hill, Jr., Village Attorney . iManage:187745_1 LAW OFFICES JOSEPH O. AJIBESIN RINDA Y. ALLISON TERRENCE M. BARNICLE JAMES P. BARTLEY THOMASP. BAYER GERARD E. DEMPSEY MICHAEL J. DUGGAN JAMES V. FEROLO JAMES W. FESSLER E. KENNETH FRIKER BRIAN M. FUNK CYNTHIA S. GRANDFIELD KATHLEEN T. HENN EVERETTE M. HILL, JR. MICHAEL T. JURUSIK JACOB H. KARACA PATRICK A. LUCANSKY KLEIN, THORPE AND JENKINS, LTD. SUITE 1660 20 NORTH WACKER DRIVE CHICAGO, ILLINOIS 60606-2903 ORLAND PARK OFFICE 15010 S. RAVINIA AVE., SUITE 17 ORLAND PARK, IL 60462-3162 TELEPHONE (708) 349-3888 FACSIMILE (708) 349-1506 LANCE C. MALINA MICHAEL A. MARRS THOMAS M. MELODV JANET N. PETSCHE DONALD E. RENNER, III SCOTT F. UHLER GEORGE A. WAGNER ALLEN WALL DENNIS G. WALSH JAMES G. WARGO BRUCE A. ZOLNA TELEPHONE (312) 984-6400 FACSIMILE (312) 984-6444 FACSIMILE (312)606-7077 OF COUNSEL JAMES A. RHODES RICHARD T. WIMMER WRITER'S DIRECT DIAL WRITER'S E-MAIL (312) 984-6468 ga wagncr(7i:kl inct.com February 16, 2007 VIA FEDERAL EXPRESS (847) 870-5640 Mr. Glen Andler, Director of Public Works Village of Mount Prospect 1700 West Central Mount Prospect, Illinois 60056 Re: Arbor Green, Ltd., 3016 N. Lake Terrace, Glenview, Illinois 2006 Tree Removal, Trimming and Stump Removal Contracts Dear Glen: Enclosed please find the original executed Authorization to Release Amount Due to Metro Federal Credit Union; Release of Claims/lndemnity/Hold Harmless Agreement, by which Arbor Green, Ltd. authorizes the Village of Mount Prospect to pay the remaining amount due Arbor Green, Ltd. ($26,158.38) under its 2006 Tree Removal, Trimming and Stump Removal Contracts to METRO Federal Credit Union. Under the Agreement, Arbor Green holds harmless and indemnifies the Village for any claims arising out of such payment and acknowledges that this is the entire amount due from the Village for its performance under that contract. Based upon this Agreement, I recommend that the Village pay the above amount to METRO Federal Credit Union. Payment should be sent to METRO's attorney at the following address: Ms. Lauren Newman FagelHaber LLC 55 East Monroe Street 40th Floor Chicago, Illinois 60603 iManage:148529_1 If you have any questions, please contact me at (312) 984-6468. Sincerely, KLEIN~..T~-ORPE AND JENKINS, LTD. G~ / C' Enclosure cc: Mr. Frank Tennant (w/o enclosures) Ms. Lauren Newman (w/o enclosures) Michael Janonis, Village Manager Sandy Clark, Forestry/Grounds Superintendent Everette M. Hill, Jr., Village Attorney iManage:148529_1 AUTHORIZATION TO RELEASE AMOUNT DUE TO METRO FEDERAL CREDIT UNION; RELEASE OF CLAIMSIINDEMNITYIHOLD HARMLESS AGREEMENT RE: Village of Mount Prospect 2006 Tree Removal, Trimming and Stump Removal Contracts witb Arbor Green Ltd. Arbor Green, Ltd. ("Arbor Green''), by its duly authorized representative. hereby authorizes the Village of Mount Prospect (the "ViUage") to pay to METRO Federal Credit Union ("METRO") an amount equal to Twenty-six. Thousand. One Hundred and Fifty-eight and 38/100 DoJlars ($26,158.38), as full and final payment of the total remaining amount due Arbor Green (the "Amount Due'l) for its work performed pursuant to Arbor Green's contracts with the Village under the Village's 2006 Tree Removal, Trimming and Stump Removal Contracts (the "Tree Contracts"). Arbor Green acknowledges that METRO is entitled to such payment based upon METRO's duly perfected security interest in Arbor Green's accounts receivables, which includes those associated with the Tree Contracts. Arbor Green further acknowledges that the Amount Due is the entire amount due from the Village to Arbor Green for its work perfonnance under the Tree Contracts. Arbor Green releases, waives and forever discharges the Village of Mount Prospect, its fonner. current and future officers, officials, trustees, agents, employees and attorneys from all claims, rights, demands andlor causes of action of whatsoever kind or nature. whether known or unknown, which it has, may have or claims to have against the Village, its fonner, current and future officers, officials. trustees, agents, employees and attorneys which in any way arise out of or are related to the Tree Contracts or the VilIage~s payment of the Amount Due to METRO. Arbor Green agrees to hold harmless and indemnify the Village of Mount Prospect, its former, current and future officers, officials, trustees, agents, employees and attorneys for and against any lien, claim of lien, cause of action or claim of any kind, judgment, attorney's fees and costs award, and the incuning of any attomey's fees and costs (by counsel selected by the Village) in the defense of any such claim or cause of action which in any way arises out of or is related to the Tree Contract or the Village's payment of the Amount Due to METRO. Arbor Green agrees that this Agreement shall be admissible in evidence in any action in which the tenns of this Agreement are sought to be enforced. This Agreement sball enure to the benefit Q~ and shall be binding upon the heirs, legatees, transferees, assigns, personal representatives, owners, insurers, agents, servants, employees, administrators, executors, representatives and/or successors in interest of any kind whatsoever, of Arbor Green. Arbor Green, through its duly appointed representative, has read and understands each of the paragraphs contained in this Agreement and further has received the advice of independent legal counsel before signing this Agreement. Date: IN WITNESS WHEREOF, Scott G. Franz and Regina A. Franz have signed this Agreement and have had .th~ir signa . attested by a Notary Public on the I? day of rti; . 2007. BY, ~i'::'~'?J BY: ',&,"-,.;,: rA "\111ft- Scott G. Franz . / Regina ^~ Franz Its Vice-President' oil .j Its President l i' .::' /' r) /1' I //'-(7' .c'J"--~! " ~,.., /~.. i/~': If i ,. Date: ~~!/./ /~; / (': + " , , I I I i ! I.., I i iManage: 187745_2 STATE OF ILLINOIS ) )SS COUNTY OF ) I, the undersigned, a Notary Public, in and for the County and State aforesaid, DO HEREBY CERTIFY that the above-named Regina A. Franz and Scott G. Franz, personally known to me to be Regina A. Franz and Scott G. Franz, and also personally known to me to be the same persons whose names are subscribed to the foregoing instrument as such president and vice-president respectively of Arbor Green, Ltd., and that they appeared before me this day in person and severally acknowledged that as such president and vice-president they signed and delivered the said instrument, pursuant to authority given by the limited liability company as their free and voluntary act, and as the free and voluntary act and deed of said limited liability company, for the uses and pwposes therein set forth. My Commission Expires GIVEN under my hand and official seal, this JI /s-JO& I p~ daYOfJibu."'7,2007. p~ OFFICIAL SEAL SAMANTHA FRANZ t NOTARY PUBLIC - STATE OF ILLINOIS MY COMMISSION EXPIRES:11105108 IManage:1 an45_2 I I J I I I I /.. I I