R-864 - 12/09/2003 - AGREEMENT - Resolutions Exhibits7
s �
Agreement
This
agreement,
dated as of December 9, 2003,
is between Commonwealth Edison
Company (
"ComEd "),
an Illinois electnc public utility,
and the Village of Oakbrook
(the
"Municipality "), an Illinois municipal corporation.
Whereas, ComEd provides electnc delivery services to electnc customes in the
Municipality, and
Whereas, ComEd and the Municipality agree to the common goal of providing adequate,
efficient, reliable, and safe electncity at the least cost, and
Whereas, ComEd and the Municipality agree that vegetation should be maintained so as
to minimize the risk of electrocution from distribution circuit wires; and
Whereas, ComEd and the Municipality agree that proper management of vegetation,
including the tnmming of trees and the proper selection of appropnate species near electnc
distnbution wires is cntical to the maintenance of adequate, efficient, reliable, and safe electnc ,
i
delivery service,
Whereas, ComEd and the Municipality agree that ComEd's vegetation management
should be performed so as to minimize the effect on trees, to the extent reasonably possible given
the goal of maintaining adequate, efficient, reliable, and safe electnc delivery service;
NOW, THEREFORE, ComEd and the Municipality agree as follows:
i
1 Specific Vegetation Management Practices. ComEd will penodically
the Municipality, consistent with the standards set forth below.
i trees in
A. Vegetation Management Cycle ComEd will inspect the trees and other
vegetation along its distnbution lines within the Municipality on a regular cycle, not tb exceed
four years, trimming as necessary to meet required clearances ComEd may also perform
I
emergent trimming of particular trees when a need for it is identified by ComEd, by the
Municipality, or by customer request.
B General Clearances ComEd will trim trees in accordance with
table, using the trimming techniques specified by the American National Standards
ANSI A300 standard:
Table of Recommended Line Clearances (in feet)
following
Institutes'
Clearance
Rate of
Service
Isolated
Open Wire
Secondary
Primary
Primary
34 kV
From
Re- growth
Wire
Open Wire
Secondary
Cable
Voltage
Aerial
Trees
(120 -480v)
Secondary
(120 -480v)
(120 -480v)
(2 -13 2kV)
Cable
(120 -480v)
Side
Slow
(a)
4 (e) (f)
4 (e)
(a)
6 (e)
4 (e)
8 (g)
I
f
Fast
(a)
4 (e) (f)
4 (e)
(a)
8 (e)
4 (e)
12 (g)
Over
I
Slow
(a)
4 (e) (f)
4 (e)
(a)
6 (b) (e)
4 (e)
12 (b) (c)
Fast
(a)
4 (e) (f)
4 (e)
(a)
8 (b) (e)
4 (e)
12 (b) (c)
Under
Slow
(a)
6 (f)
6
(a)
8
4 (e)
12 (d)
Fast
(a)
8 (f)
8
(a)
12
4 (e)
12 (d)
(a) ComEd will remove broken limbs that may damage equipment
(b) ComEd will remove all hazardous overhang
(c) ComEd will trim to keep overhang to a mirumum
(d) ComEd will remove all fast- growmg trees at the discretion of ComEd's trained arbonsts and, if
necessary, when permission has been obtained.
(e) Large tree trunks or major limbs of established trees may be allowed to remain as close as 2 feet from
the conductors if (1) movement of either the conductor or the tree will not result in contact between
the tree and the conductor, (2) the tree is not easily or readily climbed without the use of ladders or
specialized climbing equipment, and (3) there is no evidence of re- growth or sprouting from the tree
trunk towards the line
(f) ComEd may perform isolated secondary clearance when t mn=g is required.
(g) Dangerous trees located off of ComEd's right -of -way should be removed if practical and if the
owner's permission has been obtained
2
C Exceptzons to General Clearances The following are exceptions to the
general clearance standards shown above -
1. ComEd may trim to special clearances because of field conditions,
or when ANSI A300 standards cannot be achieved. Except as
noted below, deviation from the general clearances and deviation
from the ANSI A300 standards shall be approved in each case by a
trained arbonst employed by or acting as a consultant to ComBd.
ii ComEd may make additional allowances for multi -phase
construction, wires that will sag due to hot weather, or wires that
will swing sideways due to strong winds When trimming, ComEd
will take into consideration that the greatest wire sag or blowout
I
iv
occurs at mid -span.
In the case of coniferous (evergreen) trees, ComEd will achieve
I
proper clearance by using any one of the following methods: (a)
removal of the tree, (b) topping to a point 6 feet from primary
voltage conductors, or (c) trimming to achieve the provisions of
subsection B above, and removal of all lower limbs within 10 feet
of the ground or within 10 feet of an adjacent climbable obi ect
ComEd will not trim trees along single - building service drops on
private property.
D Debris Removal ComEd shall remove the brush and debris associ
cyclic tree trimming.
3
with
J �
2
Notice of Cyclic Trimming ComEd will give notice at least 21 days and not
more than 90 days before commencing cyclic tnmming in the Municipality, as follows:
A ComEd will notify the Municipality at the address shown in section) 10 below
where cyclic tnmming in the Municipality is upcoming ComEd will provide the Municipality
with a description of the areas, by common street address, in which the trimming will occur
B ComEd will notify affected customers directly, by mall or by hanging a card
on the customer's door The notice shall contain, at a mimmum, the following information: the
nature of the planned vegetation management activities, the address of a website and 'a toll -free
telephone number at which a written disclosure of all dispute resolution opportunities and
processes, rights, and remedies provided by the ComEd may be obtained, a statement that the
customer and the property owner may dispute the planned vegetation management activities
through ComEd and the Illinois Commerce Commission, a toll -free telephone number through
wluch communication may be had with a representatives of ComEd regarding the vegetation
management activities, and the telephone number of the Consumer Affairs Officer of the Illinois
Commerce Commission. The notice shall also include a statement that the location of the area of
planned vegetation management activities is on file with the Municipality
C. Con- Ed will publish notice in a newspaper in general circulation and widely
distributed in the area in which the cyclic tnmming will occur
3. Non - Cyclic Vegetation Management. The provisions of Sections 1 and 2 above
apply to routine, cyclic vegetation management ComEd may conduct vegetation management,
including trimming or removing particular trees, without prior notice, when and where such
activities are urgently needed pursuant to state regulations to restore electrical service or to
prevent an imminent interruption of service Although ComEd, as the electric utility responsible
for reliability of service shall make the determination as to when non - cyclic 'vegetation
management is appropriate, ComEd will send notice to the Municipality within 10 business days,
at the address shown below for notices, informing the Municipality of the location and nature of
the non - cyclic activities.
4 Removal and Replacement of Privately Owned Trees Prior to cyclic trimming,
ComEd will examine the distribution circuits to identify privately owned trees that, because of
their type and close proximity to overhead lines, would need extensive pruning or removal.
Upon identifying such trees for removal.
A. ComEd will contact the tree's owner, recommend removal of the tree, and
obtain a signed permission from the owner to remove the tree.
B. For each tree over 4 inches In diameter (breast high) that is to be
removed,
ComEd may, at ComEd's discretion, offer to the owner a replacement voucher Each voucher
will be redeemable at a participating vendor for one replacement tree on ComEd's
replacement list, or for an equal dollar amount of other approved landscape materials.
C ComEd will mail the voucher, along with a planting guide 2
appropriate publications, to the owner after the removal of the existing tree.
D If the owner agrees to the removal of the tree, ComEd will cut do
remove and chip associated brush, cut all wood into firewood length, and leave the w
E. The owner of the tree will be responsible for any stump removal ;
approved
nd other
the tree,
1 on site
. disposal
of logs left on site This responsibility will be specified in the signed agreement of the owner
before removal of the tree commences.
5. Cooperation on New Private and Public Tree Plantings. ComEd
Municipality will work together to promote the planting of appropriate species of trees c
5
and the
n private
and public property throughout the Municipality, including education of the public as to
appropriate types of trees and vegetation for locations near electric power lines, and e Icouraging
developers of new projects within the Municipality to plant only appropriate types of trees and
vegetation near electric power line rights -of -way. ComEd will supply the Municipality with a
copy of a publication identifying tree species that are compatible and incompatible with electric
power lines Programs developed pursuant to this section that require expenditures by ComEd or
the Municipality shall be subject to the prior mutual consent of the parties.
6 Applicability of Public Utilities Act and Village Ordinances. It is the in-
:ent of the
parties that this agreement constitutes a written agreement mandating specific vegetation
management practices within the meaning of Section 8 -505 1(c) of the Illinois Public Utilities
Act, and will supersede the provisions of Section 8- 505.1(a) & (d) of that Act (220 ILCS 5/8-
505.1(a) & (d)). ComEd's vegetation management activities will conform with, and this
Agreement shall not preempt, the ordinances of the Municipality, including the requirement, if
any, to obtain a permit for the removal of a tree within the Municipality.
7 Term of Agreement. The initial term of this agreement is four years from its
effective date. The agreement shall automatically be renewed for successive four year terms,
unless one of the parties notifies the other of its intention not to renew the agreement by so
notifying the other party at least sixty days before the end of any four year term.
8 Benefit and Assignment. This Agreement shall be binding upon and inure to the
benefit of the Parties, and their respective successors and assigns.
9 Entire Agreement and Amendment. Tliis Agreement contains the entire agreement
between the Parties with respect to the matters described herein and it is a complete and exclusive
6
statement of the terms thereof and supersedes all previous agreements This Agreement may not
be altered or modified except by a writing signed by the Parties hereto
10. Notices to ComEd and Municipality All notices, demands, and requests required
or permitted to be given under the provisions of this Agreement shall be in writing and shall be
deemed given. (a) when personally delivered to the Party to be given such notice or other
communication, (b) on the business day that such notice or other communication ils sent by
facsimile; (c) on the third business day following the date of deposit in the United States Mail as
such notice or other communication is sent by certified or registered mail with r
requested and postage thereon fully prepaid; or (d) on the business day following the
notice or other communication is sent by reputable overnight courier, to the following.
If to ComEd
Director of Projects & Contract Management
Three Lincoln Centre
Oak Brook Terrace, IL 60181
If to the Municipality:
Village of Oak Brook
Attention: Village Manager
1200 Oak Brook Road
Oak Brook, IL 60523 -2255
or to such other address as the Parties may designate in writing
receipt
day such
11 Representations and Warranties. The Municipality hereby represents and warrants
to ComEd as follows as of the date hereof
(a) This Agreement has been properly authorized by a duly adopted ordinance
or resolution of the Municipality and any and all other necessary corporate action of
the Municipality has been taken and this Agreement has been duly executed and
7
delivered by the Municipality and constitutes a valid and legally binding a'
enforceable against the Municipality in accordance with its terms, and
(b) Neither the execution and delivery of this Agreement, nor the per
of the provisions of the agreements therein contained on the pal,
ement,
ance
of the
Municipality, will contravene, violate, or cause a default under any applicable law,
statute, ordinance, regulation, encumbrance, or agreement binding upon the
Municipality, or result in a violation of any judgment, order, writ, injunction,
decree, or rule of any court, administrative agency or other governmental authority
binding upon the Municipality.
12 No Third Party Beneficiaries. The sole Parties to this Agreement are ComEd and
the Municipality; and nothing contained herein creates any right, title, or interest in any other
person or entity, whether under a third party beneficiary theory or otherwise.
13. Miscellaneous If any provision of this Agreement or its application to any person
or circumstance shall to any extent be invand or unenforceable, the remainder of this Agreement
shall not be affected thereby; and each provision of this Agreement shall be valid and enforceable
to the fullest extent permitted by law This Agreement does not waive or modify, and shall not be
construed as waiving or modifying, ComEd's rates, tariffs, or terms and conditions of service. The
language in all parts of this Agreement shall in all cases be construed as a whole according to its
fair meaning and not strictly for or against ComEd or the Municipality, regardless of the
involvement of either Party in drafting this instrument. The headings in this Agreement are for
convenience only and shall not be utilized in the construction of the language of this instrument.
This Agreement shall be governed and construed under the laws of the State of Illinois.
0
IN WITNESS WHEREOF, the Parties have entered into thus Agreement as of the date first
above written.
0
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inicip ality:
icnzczpality], an Illinois cipal corporation
VILLAGE PRE46DENT
est: l o
VILLAGE CLERK
CUST.OMER_NAME
TREE _AGREE_SIGNE
Adeline
2/18/2002
Algonquin
9/3/2002
Amboy
2/18/2002
Antioch
2/18/2002
Apple River
3/4/2002
Aroma Park
3/12/2002
Ashton
2/11/2002
Beach Park
4/9/2002
Bedford Park
2/7/2002
Beecher
3/12/2002
Bellwood
9/10/2002
Belvidere
3/4/2002
Berkeley
3/13/2002
Berwyn
3/1/2002
Blue Island
9/24/2002
Bonfield
4/8/2002
Bourbonnais
6/3/2002
Bradley
2/25/2002
Bridgeview
2/20/2002
Buckingham
4/9/2002
Burbank
2/13/2002
Burlington
4/8/2002
Burnham
3/25/2003
Byron
4/22/2002
Caledonia
11/13/2002
Calumet City
3/27/2003
Calumet Park
11/21/2002
Capron
3/11/2002
Carbon Hill
8/6/2002
Cary
8/20/2002
Cedarville
10/7/2002
Cherry Valley
6/18/2002
Chicago Heights
314/2002
Chicago Ridge
517/2002
Coal City
5/28/2002
Coleta
214/2002
Compton
3/4/2002
Cornell
4/18/2002
Country Club Hills
7/22/2002
Countryside
2/13/2002
Crest Hill
4/1/2002
Crestwood
4118/2002
Crete
2111/2002
Dakota
3/4/2002
Davis
3/12/2002
Davis Junction
5/14/2002
Deer Grove
3/18/2002
Deer Park
2/18/2002
Deerfield
11/4/2002
Dixmoor
6/27/2002
CUSTOMER—NAME
TREE _AGREE_SIGNE
Dolton
5/6/2002
Downers Grove
9/17/2002
Durand
5/13/2002
Dwight
6/10/2002
Earlville
4/10/2002
East Hazel Crest
3/1312002
Elk Grove
9/20/2002
Elmwood Park
9/4/2002
Erie
8/13/2002
Evanston
11/11/2002
Evergreen Park
3/18/2002
Flossmoor
8/20/2002
Ford Heights
2/20 /2002
Forest Park
8/15/2002
Forest View
9/24/2002
Forreston
3/18/2002
Fox Lake
10/15/2002
Fox River Grove
9/19/2002
Fox River Valley Gardens
2127 /2002
Frankfort
2/18/2003
Franklin Grove
3/11/2002
Freeport
3/18/2002
Fulton
8/20/2002
German Valley
216/2002
Glendale Heights
10/23/2002
Glenview
3/4/2002
Glenwood
3/19/2002
Godley
8/26/2002
Golf
5/7/2002
Grand Ridge
4/1212002
Grant Park
2/4/2002
Green Oaks
10/25/2002
Greenwood
4/23/2002
Gurnee
11/18/2002
Hainesville
2/25/2003
Harmon
4/16/2002
Harvard
3/5/2002
Hawthorn Woods
9/23/2002
Hazel Crest
11/21/2002
Herscher
4/18/2002
Hickory Hills
3/28/2002
Hillside
2/25/2002
Hinckley
2/14/2002
Hinsdale
2/19/2002
Hodgkins
2/12/2002
Holiday Hills
2/2412003
Homer Glen
10/18/2002
Hometown
3/26/2002
Homewood
1/28/2003
Hooppole
214/2002
CUST.OMER_NAME
a
TREE _AGREE_SIGNE
Hopkins Park
4/9/2002
Indian Creek
7/9/2002
Inverness
9/11/2002
Irwin
214/2002
Island Lake
2/14/2002
Johnsburg
5/7/2002
Justice
2/23/2002
Kangley
4/18/2002
Kankakee
5/20/2002
Kildeer
9/3/2002
Kingston
6/3/2002
Kinsman
5/6/2002
Kirkland
2/11/2002
Lake Barrington
2/5/2002
Lake in The Hills
8/8/2002
Lake Villa
4/10/2002
Lake Zurich
8/19/2002
Lanark
3/19/2002
Lansing
3/19/2002
Leaf River
2/5/2002
Lena
3/11/2002
Libertyville
8/27/2002
Lincolnshire
8/12/2002
Lincolnwood
10/17/2002
Lindenhurst
2/10 /2003
Lisbon
3/18/2002
Lombard
9/5/2002
Long Point
5/13/2002
Loves Park
2/18/2002
Lyndon
2125/2002
Lynwood
2/26 /2002
Machesney Park
6/13/2002
Manhattan
6/18/2002
Markham
3/8/2002
Matteson
11/21/2002
Maywood
3/3/2003
Mazon
4115/2002
McCook
2/18/2002
McCullom Lake
2126/2002
Melrose Park
2/11/2002
Mendota
4/1/2002
Mernonette Park
4/17/2002
Midlothian
11/21/2002
Milledgeville
2/18/2002
Minonk
4/10/2002
Mokena
11/11/2002
Momence
2/18 /2002
Monee
2/13/2002
Moms
2/4/2002
Morrison
5/8/2002
CUSTOMER—NAME
TREE _AGREE_SIGNE
Morton Grove
9/10/2002
Mt Morris
3/26/2002
Nelson
3/13/2002
New Millford
2/18/2002
Niles
8/27/2002
Nora
2/11/2002
Norndge
3/3/2003
North Aurora
3/28/2002
North Barrington
2/13/2003
North Chicago
9/312002
North Riverside
8/12/2003
Northfield
9/2412002
Oak Forest
1/24/2003
Oak Lawn
10/8/2002
Oakwood Hills
3/12/2002
Ohio
5/28/2002
Old Mill Creek
5/13/2002
Olympia Fields
11/21/2002
Oregon
3/11/2002
Orland Park
12/2/2002
Palos Heights
11/19/2002
Palos Hills
4/4/2002
Palos Park
6/24/2002
Park City
9/5/2002
Paw Paw
4/10/2002
Pearl City
2/4/2002
Peotone
3/18/2002
Phoenix
5/10/2002
Polo
2/19/2002
Pontiac
4/15/2002
Poplar Grove
3/11/2002
Posen
12110/2002
Prairie Grove
4/4/2002
Prophetstown
3112/2002
Prospect Heights
7/15/2002
Ransom
5/13/2002
Richton Park
11/21/2002
Ridott
3/13/2002
Ringwood
4/21/2003
River Grove
5/13/2002
Riverdale
12/3/2002
Riverside
9/16/2002
Robbins
3/1212002
Rock City
2/5/2002
Romeoville
7/17/2002
Roselle
9/9/2002
Rosemont
9/13/2002
Round Lake
2/19/2002
Round Lake Heights
9/10/2002
Round Lake Park
8/20/2002
CUSTOMER—NAME
Sauk Village
Scales Mound
Seneca
Shabbona
Shannon
Shorewood
South Chicago Heights
South Holland
South Wilmington
Spring Grove
St Anne
Steger
Sterling
Steward
Stickney
Stillman Valley
Stockton
Stone Park
Streator
Sublette
Sun River Terrace
Sycamore
Symerton
Tampico
Third Lake
Thornton
Toluca
Tonica
Tower Lakes
Union Hill
University Park
Vernon Hills
Virgil
Volo
Walnut
Warren
Warrenville
Waterman
Wauconda
Waukegan
Wenona
West Brooklyn
West Chicago
Westchester
Wilmette
Wilmington
Winslow
Winthrop Harbor
Wonder Lake
Woodstock
TREE_AGREE_SIGNE
2/26/2002
3/25/2002
4/29/2002
5/25/2002
3/5/2002
5/29/2002
9/3/2002
11/18/2002
5/8/2002
2/19/2002
5/13/2002
2/19/2002
2/5/2002
4/23/2002
3/18/2003
2/25/2002
3/12/2002
2/12/2002
5/21/2002
3/11/2002
2/25/2002
5/20/2002
3/6/2002
2/4/2002
10/21/2002
8/20/2002
4/8/2002
6/17/2002
8/19/2002
3/18/2002
2/12/2002
12/3/2002
4/11/2002
2/12/2002
2/5/2002
2/11/2002
7/19/2002
4/9/2002
9/17/2002
9/16/2002
4/1/2002
6/4/2002
12/2/2002
9/23/2002
10/8/2002
4/15/2002
4/3/2002
9/17/2002
4/3/2002
9/3/2002
,CUSTOMER TREE_ AGREE
Worth 4/16/2002
Zion 3/4/2003
• 6
VILLAGE OF OAK BIB
Village Board Transmittal Memorandum
DATE: December 5, 2003
SUBJECT: ComEd Tree Trimming Agreement
FROM: Kenneth T. Kublesa, Village Attorney
RECOMMENDATION: That the Village Board pass a resolution authorizing We Village
President and Clerk to execute an agreement with Com Ed for the
management of vegetation to properly maintain electric delivery
service.
Commonwealth Edison Company ( "ComEd ") has proposed an agreement between the Village of Oak
Brook and ComEd for the safe management of vegetation to properly maintain electric delivery
service. The agreement has been signed by most villages and cities within ComEd's service area and
provides uniformity in the management of vegetation.
transmittal memo - ComEd Tree Trimming doc eK