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HomeMy WebLinkAbout17- Tree Removal and Replacement Agreement - Northwestern Energy - Ten (10) Tree Removals in City Rights-of-Way 3 1 TREE REMOVAL AND REPLACEMENT AGREEMENT This Tree Removal and Replacement Agreement ("Agreement") Is made and entered into as of the day of Anc i 2017, by and between Northwestern Corporation d/b/a Northwestern Energy ("NWE") 11 East Park, Butte, Montana 59701 and the City of Bozeman ("City") 121 North Rouse, Bozeman, Montana 59715 (Individually, a ? "party'; collectively, "the parties"). i RECITALS i 1. WHEREAS, NWE utilizes the City rights-of-way for the purpose of locating, operating, and maintaining transmission and distribution power lines ("Facilities); and li A D l 2. WHEREAS, the City and NWE have agreed to enter into a tree removal and i replacement agreement for the mutual benefit of the parties to address problem trees (trees that are dead, diseased, constitute a hazard or are a public nuisance) growing within the City rights-of-way; and 1 3. WHEREAS, the intent of the Agreement is to mutually benefit NWE and the City by eliminating problem trees and planting new trees suitable to the location In j compliance with the tree ordinance for the City of Bozeman. fi a Now,therefore,the parties agree as follows: I ( 1. Removal, No tree will be removed under this Agreement without the mutual agreement of the City Park Superintendent and NWE's Vegetation Manager; provided, however, that nothing herein otherwise prohibits NWE from taking any action authorized by law to protect Facilities in response to emergencies, The number of trees to be considered for removal by NWE in 2017 and corresponding replacement compensation obligation will not exceed 50 without the express written consent of the parties.The removal of trees shall comply with the B o z e m a n Municipal Code, Chapter 16, Article S. The trees shown on Attachment A incorporated herein by this reference have been approved by the Parties for removal. Additional tree removal may be approved as set forth herein. 2. NWE's Responsibilities. NWE shall: i a. Identify trees for removal/replacement consideration and submit information i necessary for the City to evaluatethe application request. I Page 1 I 3 I i b. Make contact with all landowners in writing, explaining the replacement program and providing a reasonable opportunity to voice concerns or questions. NWE shall notify the City of material concerns raised by landowners. c. After receipt of approval from the City, remove the existing trees from under NWE's Facilities and notify the City within 24 hours of the removal. All material that can be chipped, will be chipped and removed by NWE. fogs that cannot be chipped shall be cut into lengths of 18 inches or shorter and removed by the City. d. Cut stumps less than 4 inches and as close to ground level as possible. e. Donate to the City$250.00 for each tree removed. 3. City of Bozeman Responsibilities. The City of Bozeman shall: a. Assist NWE with landowner contact and addressing any landowner concerns, if needed_ b. Issue removal permits or such other approvals as may be required by municipal code. I c. Pick up and dispose of the logs from trees removed. d. Remove and dispose of the stumps from all trees removed. e. Use the NWE funds exclusively for the replacement of trees (new plantings) removed by NWE. If. Plant the replacement trees by the following fal I and provide ongoing care for the new trees. The health and continued growth of the trees planted pursuant to this Agreement is the ongoing, sole responsibility of the City and shall survive termination of this Agreement. 1, g. Plant species In accordance with municipal code and with a height at maturity of 20 feet or less. 4. Term and Termination.The Program will remain in effect for one year from the date at the top of the form.This Agreement may be terminated by either party upon 30 days written notice. i i 1 5. Miscel€aneous. a. This Agreement shall not be modified, amended or changes in any respect except by a written document signed by all parties. b. Any damage to remaining trees,turf, buildings, utilities fixtures, streets, sidewalks, vehicles, or any other public or private properties caused by NWE E and its agents or by the City and its agents during the performance of this Page 2 r F i Agreement shall be promptly repaired, replaced or restitution made by the party responsible for said damages. c. Nothing herein is intended by the parties to create any private cause of action or vest any rights in third parties. d. if any portion of this Agreement shall be held to be void or unenforceable, the balance thereof shall continue to be effective. 6. Authority. Each party represents it has full power and authority to enter into and perform this Agreement, and the person signing the Agreement on behalf of each party has been properly authorized and empowered to enter into the Agreement, understands it, and agrees to be bound by it. 7. Integration This Agreement constitutes the entire agreement of the parties. Covenants or representations not contained in the Agreement shall not be binding upon the parties. i i I 8. Subcontractors. NWE may employ subcontractors to perform its obligations hereunder. I 9. Counterparts: Copies. This Agreement may be executed in counterparts,which together shall constitute one instrument. Copies of this fully executed instrument shall have the same force and effect as the original. l I 10. NWE shall have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. NWE shall not refuse employment to a person, bar a person from employment,or discriminate against a person in compensation or in a term,condition, or privilege of employment because of race, color,religion, creed,sex, age, marital status, national origin, actual or perceived sexual orientation,gender identity, physical or mental disability, except when the reasonable demands of the position require an age,physical or mental disability, marital status or sex distinction. NWE shall require these nondiscrimination terms of its Subcontractors fulfilling NWE's obligations under this Agreement. L END OF AGREEMENT EXCEPT FOR SIGNATURES 3 z Page 3 b I NORTHWESTERN ENERGY CITY OF 89ZEMAN l w I By: LJ By: Printed name: /lv�, ����.r'� Printed Name: itc Overton Title:�e�e � �v� .. r�n�^�or' -AWE Title: Director, Parks and Recreation Date: Z© r7 Date: APPROVED AS TO FORM i I Karen Stambaugh,Assistant City Attorney Date: lu I Page 4 ATTACHMENT A: Tree Removals • 307 N. Wallace (1 green ash) • 325 N.Wallace (1 green ash) • 327 N. Wallace (2 silver maple) • 725 S. Willson (1 green ash along W. College—corner tree) • 401 W.College (1 green ash) 0 411 W. College (2 green ash) • 400 block W. College bordering Southside Park(2 green ash) Total removals= 10 1 9 I i I". Page 5 ) 9 a5 d