R-1973 - 11/23/2021 - AGREEMENTS - Resolutions Exhibits 1 REVIEW OF CONTRACTS
Awarding Agency;', a of Contract:
Departm j Program/Account ONu ber:
Awarded Contract Pricer I u 1 eted Amount:
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C] $20,000 - $500,000 C] Over $1,000,000 `
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Date: 11/18/2021
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Three (3) Originals signed by other party Date/Initials
Original provided to staff member for other party Date/Initials r I'
Original provided to Official Files Date/Initials
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Village of Oak Brook I Approved by Board of Trustees- Date/initials:-
VILLAGE OF OAK BROOK
CONTRACT FOR THE
PUBLIC WORKS GARAGE LIGHTING REPLACEMENT PROJECT
Full Name of Contractor: Twin Supplies, LTD ("Contractor")
Principal Office Address: 1010 Jorie Blvd, Suite 124, Oak Brook, Illinois 60523
Contact Person: Christopher Skokna, President and Owner Telephone Number: (630) 590-5138
TO: Village of Oak Brook("Village")
1200 Oak Brook Road
Oak Brook, Illinois
Attention: Rick Valent, Public Works Director
Contractor warrants and represents that Contractor has
carefully examined the Work Site described below and
has reviewed and understood all documents included,
referred to, or mentioned in this bound set of documents.
1. Work
A. Contract and Work. Contractor acknowledges,
and agrees, that Contractor shall, at its sole cost and
expense, provide, perform, and complete, in the manner 5. Miscellaneous. Do all other things required
specified and described, and upon the terms and of Contractor by this Contract; and
conditions set forth, in this Contract, all of the following,
all of which is herein referred to as the"Work": 6. Qualit . Provide, perform, and complete all
of the foregoing in a proper and workmanlike
1. Labor, Equipment. Materials, and Supplies. manner, consistent with the standards of
Provide, perform, and complete, in the recognized professional firms in performing
manner specified and described in this Work of a similar nature, in full compliance
Contract, all necessary work, labor, services, with, and as required by or pursuant, to this
transportation, equipment, materials, Contract, and with the greatest economy,
supplies, information, data, and other means efficiency, and expedition consistent
and items necessary for the Public Works therewith, with only new, undamaged, and
Garage Lighting Replacement Project, as first quality equipment, materials, and
specified in Exhibit A attached hereto, at supplies.
3003 Jorie Blvd., Oak Brook, Illinois 60523
("Work Site"); B. Performance Standards. Contractor
acknowledges and agrees that all Work shall be fully
2. Permits. The Village will furnish all provided, performed, and completed in accordance with
permits, licenses, and other governmental the ComEd Energy Efficiency Program Assessment
approvals and authorizations necessary in Report dated May 11, 2021, and Twin Supplies Estimate
connection therewith; #565-57-848C, dated October 13, 2021, attached hereto
as Exhibit A.
3. Insurance. Procure and furnish insurance
certificates specified in this Contract; C. Responsibility for Damage or Loss. Contractor
proposes, and agrees, that Contractor shall be
4. Taxes. Pay all applicable federal, state, and responsible and liable for, and shall promptly and
local taxes; without charge to Village repair or replace, any damage
done to, and any loss or injury suffered by, the Village,
the Work, the Work Site, or other property or persons as
a result of the Work.
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D. Inspection/Testing/Rejection. Village shall have
the right to inspect all or any part of the Work and to All payments may be subject to deduction or
reject all or any part of the Work that is, in Village's setoff by reason of any failure of Contractor to
judgment, defective or damaged or that in any way fails perform under this Contract. Each payment
to conform strictly to the requirements of this Contract shall include Contractor's certification of the
and the Village, without limiting its other rights or value of, and partial or final waivers of lien
remedies, may require correction or replacement at covering, all Work for which payment is then
Contractor's cost, perform or have performed all Work requested and Contractor's certification that all
necessary to complete or correct all or any part of the prior payments have been properly applied to
Work that is defective, damaged, or nonconforming and the payment or reimbursement of the costs with
charge Contractor with any excess cost incurred thereby, respect to which they were paid.
or cancel all or any part of any order or this Contract.
Work so rejected may be returned or held at Contractor's 3. Contract Time
expense and risk.
Contractor acknowledges and agrees that Contractor
2. Contract Price shall commence the Work within 15 days (weather
permitting) following the Village's acceptance of this
Contractor acknowledges and agrees that Contractor Contract provided Contractor shall have furnished to the
shall take in full payment for all Work and other matters Village all bonds and all insurance certificates specified
set forth under Section 1 above, including overhead and in this Contract ("Commencement Date"). Contractor
profit; taxes, contributions, and premiums; and further acknowledges and agrees that Contractor shall
compensation to all subcontractors and suppliers, the perform the Work diligently and continuously and shall
compensation set forth below. complete the Work not later than December 15, 2021
("Time of Performance"). The Village may modify the
A. SCHEDULE OF PRICES Time of Performance at any time upon 15 days prior
written notice to the Contractor. Delays caused by the
For providing, performing, and completing all Village shall extend the Time of Performance; provided,
Work, the Not-To-Exceed Contract Price of however, that Contractor shall be responsible for
$19,354.00 completion of all Work within the Time of Performance,
notwithstanding any strike or other work stoppage by
TOTAL CONTRACT PRICE (in writing): employees of either Contractor or of the Village.
Nineteen Thousand Three Hundred and 4. Financial Assurance
Fifty Four Dollars Only
A. Insurance. Contractor acknowledges and agrees
B. BASIS FOR DETERMINING PRICES that Contractor shall provide certificates of
insurance evidencing the minimum insurance
It is expressly understood and agreed that: coverages and limits set forth in Exhibit B
within 10 days following the Village's acceptance
1. All prices stated in the Schedule of Prices of this Contract. Such policies shall be in form,
are firm and shall not be subject to and from companies, acceptable to the Village.
escalation or change; The insurance coverages and limits set forth
Exhibit B shall be deemed minimum coverages
2. The Village is not subject to state or local and limits and shall not be construed in any way
sales, use, and excise taxes, that no such as a limitation on Contractor's duty to carry
taxes are included in the Schedule of Prices, adequate insurance or on Contractor's liability
and that all claim or right to claim any for losses or damages under this Contract. The
additional compensation by reason of the minimum insurance coverages and limits that
payment of any such tax is hereby waived shall be maintained at all times while providing,
and released; performing, or completing the Work are as set
forth in Exhibit B.
3. All other applicable federal, state, and local
taxes of every kind and nature applicable to B. Indemnification. Contractor acknowledges and
the Work are included in the Schedule of agrees that Contractor shall indemnify and save
Prices. harmless the Village its officers, officials, employees and
volunteers, against all damages, liability, claims, losses,
C. TIME OF PAYMENT and expenses (including attorneys'fee)that may arise,or
be alleged to have arisen, out of or in connection with
It is expressly understood and agreed that final Contractor's performance of, or failure to perform, the
payment shall be made upon completion of the Work or any part thereof, or any failure to meet the
work and final approval by the Village.
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representations and warranties set forth in Section 6 of D. Qualified. Contractor has the requisite
this Contract. experience, ability, capital, facilities, plant, organization,
and staff to enable Contractor to perform the Work
C. Penalties. Contractor acknowledges and agrees successfully and promptly and to commence and
that Contractor shall be solely liable for any fines or civil complete the Work within the Contract Price and
penalties that are imposed by any governmental or Contract Time set forth above.
quasi-governmental agency or body that may arise, or be
alleged to have arisen, out of or in connection with 7. Acknowledgements 1
Contractor's performance of, or failure to perform, the II
Work or any part thereof. In submitting this Contract, Contractor
acknowledges and agrees that:
5. Firm Proposal
A. Reliance. The Village is relying on all
All prices and other terms stated in this Contract are warranties, representations, and statements made by
firm and shall not be subject to withdrawal, escalation, Contractor in this Contract.
or change.
B. Acceptance. If this Contract is accepted,
6. Contractor's Representations and Warranties Contractor shall be bound by each and every term,
condition, or provision contained in this Contract.
In order to induce the Village to accept this Contract, I
Contractor hereby represents and warrants as follows: C. Remedies. Each of the rights and remedies
reserved to the Village in this Contract shall be
A. The Work. The Work, and all of its components, cumulative and additional to any other or further
shall strictly conform to the requirements of this remedies provided in law or equity or in this Contract.
Contract, including, without limitation, the performance
standards set forth in Subsection 1B of this Contract; D. Time. Time is of the essence in the performance
and shall be fit, sufficient, and suitable for the purposes of all terms and provisions of this Contract and, except
expressed in, or reasonably inferred from, this Contract where stated otherwise references in this Contract to
and the warranties expressed herein shall be in addition days shall be construed to refer to calendar days and
to any other warranties expressed or implied by law, time.
which are hereby reserved unto the Village.
E. No Waiver. No examination, inspection,
B. Compliance with Laws. The Work, and all of its investigation, test, measurement, review, determination,
components, shall be provided,performed, and completed decision, certificate, or approval by the Village, whether
in compliance with, and Contractor agrees to be bound before or after the Village's acceptance of this Contract;
by, all applicable federal, state, and local laws, orders, nor any information or data supplied by the Village,
rules, and regulations, as they may be modified or whether before or after the Village's acceptance of this
amended from time to time, including without limitation, Contract; nor any order by the Village for the payment of
if applicable, the Prevailing Wage Act, 820 ILCS money; nor any payment for, or use, possession, or
130/0.01 et seq.; any other prevailing wage laws; any acceptance of, the whole or any part of the Work by the
statutes requiring preference to laborers of specified Village; nor any extension of time granted by the Village;
classes; any statutes prohibiting discrimination because nor any delay by the Village in exercising any right
of, or requiring affirmative action based on, race, creed, under this Contract; nor any other act or omission of the
color, national origin, age, sex, or other prohibited Village shall constitute or be deemed to be an acceptance
classification; and any statutes regarding safety or the of any defective, damaged, or nonconforming
performance of the Work. Further, Contractor shall
have a written sexual harassment policy in compliance Work, nor operate to waive or otherwise diminish the
with Section 2-105 of the Illinois Human Rights Act effect of any representation or warranty made by
during the course of the work. Contractor; or of any requirement or provision of this
Contract;or of any remedy, power, or right of the Village.
C. Not Barred. Contractor is not barred by law
from contracting with the Village or with any other unit F. Severability. It is hereby expressed to be the
of state or local government as a result of (i) a intent of the parties to this Contract that should any
delinquency in the payment of any tax administered by provision, covenant, agreement, or portion of this
the Illinois Department of Revenue unless Contractor is Contract or its application to any Person or property be
contesting, in accordance with the procedures held invalid by a court of competent jurisdiction, the
established by the appropriate Revenue Act, its liability remaining provisions of this Contract and the validity,
for the tax or the amount of tax, as set forth in 65 ILCS enforceability, and application to any Person or property
5/11-42.1-1; or (ii) a violation of either Section 33E-3 or shall not be impaired thereby, but the remaining
Section 33E-4 of Article 33 of the Criminal Code of 1961, provisions shall be interpreted, applied, and enforced so I
720 ILCS 5/33E-1 et seg. as to achieve, as near as may be, the purpose and intent 4
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of this Contract to the greatest extent permitted by any subcontractor under him, to pay not less than the
applicable law. specified rates to all laborers, workers and mechanics
employed by them in the execution of this contract.
G. Amendments and Modifications. No amendment
or modification to this Contract shall be effective until it L. Conflicts of Interest. Contractor represents and
is reduced to writing and approved and executed by the certifies that, to the best of its knowledge, (1) no elected
corporate authorities of the parties in accordance with all or appointed Village official, employee or agent has a
applicable statutory procedures. personal financial interest in the business of the
Contractor or in this Agreement, or has personally
H. Assignment. Neither this Contract, nor any received payment or other consideration for this
interest herein, shall be assigned or subcontracted, in Agreement; (2) as of the date of this Agreement, neither
whole or in part, by Contractor except upon the prior Contractor nor any person employed or associated with
written consent of the Village. Contractor has any interest that would conflict in any
manner or degree with the performance of the
1. Governing Law; Venue. This Contract shall be obligations under this Agreement; and (3) neither
governed by, construed and enforced in accordance with Contractor nor any person employed by or associated
the internal laws, but not the conflicts of laws rules, of with Contractor shall at any time during the term of this
the State of Illinois. Venue for any action arising out of Agreement obtain or acquire any interest that would
or due to this Contract shall be in the Circuit Court for conflict in any manner or degree with the performance of
DuPage County, Illinois. the obligations under this Agreement.
J. Certified Payrolls. Contractor shall, in M. Exhibits and Other Agreements. If any conflict
accordance with Section 5 of the Illinois Prevailing Wage exists between this Agreement and any exhibit attached
Act, 820 ILLS 130/5, submit to the Village, and upon hereto or any other Agreement between the parties
activation of the database provided by 820 ILCS 130/5.1 relating to this transaction, the terms of this Agreement
to the Department of Labor, on a monthly basis, a shall prevail.
certified payroll. The certified payroll shall consist of a
complete copy of those records required to be made and N. No Disclosure of Confidential Information by
kept by the Prevailing Wage Act. The certified payroll the Consultant. The Consultant acknowledges that it
shall be accompanied by a statement signed by the shall, in performing the Services for the Village under
Contractor or subcontractor which certifies that: (1) such this Agreement, have access, or be directly or
records are true and accurate; (2) the hourly rate paid is indirectly exposed, to Confidential Information. The
not less than the general prevailing rate of hourly wages
required by the Prevailing Wage Act; and (3) Contractor Consultant shall hold confidential all Confidential
Information and shall not disclose or use such
or subcontractor is aware that filing a certified payroll
that he or she knows to be false is a Class A Confidential Information without the express prior
misdemeanor. A general contractor may rely upon the written consent of the Village. The Consultant shall
certification of a lower tier subcontractor, provided that use reasonable measures at least as strict as those the
the general contractor does not knowingly rely upon a Consultant uses to protect its own confidential
subcontractor's false certification. Upon seven business information. Such measures shall include, without
days' notice, Contractor and each subcontractor shall limitation, requiring employees and subcontractors of
make available for inspection and copying at a location the Consultant to execute a nondisclosure agreement
within this State during reasonable hours, the records before obtaining access to Confidential Information.
required to be made and kept by the Act to: (i) the
Village, its officers and agents; (ii) the Director of Labor
and his deputies and agents; and (iii)to federal, State, or
local law enforcement agencies and prosecutors.
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K. Prevailing Wage. Pursuant to Section 4 of the
Illinois Prevailing Wage Act, 820 ILCS 130/4, Contractor
agrees and acknowledges that not less than the
applicable rate of prevailing of wages, as found or
ascertained by the Department of Labor and made
available on the Department's Official website, or
determined by the court on review, shall be paid for each
craft or type of worker needed to execute this contract or
to perform such work, and it shall be mandatory upon
the contractor to whom the contract is awarded and upon
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IN WITNESS WHEREOF the parties hereto N71LLAGE OF OAK BROOK; an Illinois
have caused this Agreement to be executed; municipal corporation
effective on . 2021.
ATTEST:
By: _ � By:
Village Clerk ViAd,ge Manager
ATTEST:: TWIN SUPPLIES, LTD.
By: .mac ✓ By: (.�u.�
Its: - + Qdr+^z -,�-�— Its:
5
EXHIBIT A
(COMED ENERGY EFFICIENCY PROGRAM ASSESSMENT REPORT DATED May 11, 2021 and TWIN
SUPPLIES, LTD. ESTIMATE#565-57-848C, DATED OCTOBER 13, 2021)
6
C
Energy Efficiency Program
Assessment Report
Doug Hroba•Village of Oak Brook(Public Works)
1200 N Oak Brook Rd,Oak Brook,IL 60523 Tuesday, May 11,2021
Financial Benefit
Projects can be costly. That is why ComEd provides instant Receive a total project discount of:
incentives to reduce your project costs upfront. The table below
shows your project costs before and after your instant incentives.
I
Cost of All Recommended Improvements $40,294.90 '
Cost of Selected Improvements $40,294.90
Total Instant Incentives from ComEW -$20,940.90
Project Cost Due to Your Service Provider $19,354.00
*All incentives are subject to change and must be reserved to be guaranteed Reduce your payback time to:
Annual Energy Usage Benefit
The figure below shows your estimated electricity use over the last
year, your estimated electricity use after installing selected 3476.9 year
improvements and your usage if all improvements were
completed.
Current Energy Lower your annual electric costs by:
usage
After Installing
Selected $5.57
Improvements
After Installing All
Improvements
Your Project Plan Includes All Recommended Improvements
Check back often --we are always adding more ways to save money and energy.
PREPARED BY:
Anne Kraynak •Twin Supplies Ltd. • 630-936-7175 • anne.kraynak@twinsupplies.net
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ofN—nt is prohibited and to violation of copyright laws.
Applicant Information
Customer Information
Company Name: Village of Oak Brook (Public Works) Telephone: 630-368-5283
Contact Name: Doug Hroba Email: dhroba@oak-brook.org
Title: Facilities Manager ComEd Account Number: XXXXX34008
Address: 1200 N Oak Brook Rd, Oak Brook IL, 60523 - Name as it appears on electric bill: VIL of Oak Brook
Mailing Address: Same as facility address
Service Provider Information
Contracting Company Name: Twin Supplies Ltd. Contact Name: Anne Kraynak
Title: Energy Savings & Lighting Consultant Telephone: 630-936-7175
Address: 1010 Jorie Blvd., Suite 124, Oak Brook IL, Email: anne.kraynak@twinsupplies.net
60523
Illinois Commerce Commission Certification
You acknowledged that pursuant to Section 16-128B of the Illinois Public Utiltities Act,ComEd cannot issue
certain incentives or rebates unless it is provided with:
1)Certification that measure was self-installed by the ComEd customer, or
2)Evidence that the measure was installed by an installer certified by the Illinois Commerce Commision
You may qualify for more incentives from the ComEd Energy Efficiency Program. If so, we may contact you. For more
information, visit ComEd.com/Bizlncentives. You can also reach us by phone at 855-433-2700 or email us at
BusinessEE@ComEd.com.
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An Exebn Company
Project Plan
Work with your Service Provider to review this customized project plan. These improvements were identified during
your free energy assessment. Receive an instant incentive on these improvements by completing the application,
signing the program agreement and scheduling installation with your Service Provider.
LightingNew Solutions
Includes all recommended new T8/T5 fluorescent, induction and LED lighting.
Energy Savings
Location Existing Proposed Quantity (kWh)
Public 4-Lamp 4 ft T8 w/Elec. RCA-136W HIGHBAY 4K 78 17,124.31
Works Ballast
Public 1-Lamp 4 ft T8 w/Elec. (1 L)T-LED13W P &ADVANCE ICN-2P16- 30 1,839.80
Works Ballast TLED-N
Public 4-Lamp 4 ft T8 w/Elec.
ILP-FZ 8-40 SNS 4K 6 1,953.02
Works Ballast
Public 6-Lamp 4 ft T5 HO High-
RCA-136W HIGHBAY 4K 6 16,529.91
Works gay
Total 37,447.04
Controls Solutions
Includes all recommended lighting occupancy sensors, daylighting controls, photocells, dimming
technology, time clocks, smart strips, computer power management software, vending machine
controls and kitchen fan demand control ventilation.
Location Energy-Saving Improvement Quantity Energy Savings(kWh)
Public Works Advanced Lighting Controls 84 26,946.02
Public Works Advanced Lighting Controls 6 622.70
Total 27,568.72
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An exa'on Comp-ry
Additional Costs
4�
Includes all additional costs related to the installation of your recommended energy-saving solutions.
Location Cost Type Quantity Cost
Public Works Labor 1 $17000
Public Works Lift Rental 1 $470
Public Works Other 1 $20940.9
Total $38,410.90
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An Exe'.cn Company
Take Action
ComEd is committed to helping you invest in energy-saving improvements that will impact your business' bottom line.
Designed with your business in mind, ComEd offers the highest levels of incentives and services. Your free energy
assessment and instant incentives through our qualified Service Provider can help your business save money and
energy. This report provides a customized project plan with instant incentives available and recommends
improvements for your next project. We hope it is a valuable tool as you begin your energy-savings journey.
ASSESSMENT
Congratulations on completing an energy assessment through the ComEd Energy Efficiency
Program.
PROJECT PLAN
Work with your Service Provider to select a project plan that works for you.
INSTALLATION
Your project will be installed by your preferred Service Provider and you will receive instant
incentives. You only pay the balance after the incentives are applied.
Twin Supplies Ltd.
YOUR SERVICE PROVIDER Anne Kraynak, Energy Savings & Lighting
Select a project plan and schedule TWINSUPPM,LTD. Consultant
your installation. HIGH Er6ICIENcr LI6N1IN6 1010 Jorie Blvd., Suite 124, Oak Brook, IL
60523
630-936-7175
www.twinsupplies.net
Reminder:
&/All removed equipment must be recycled to ensure inefficient equipment is removed from the market.
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At,
An Exe'—Company
Program Offering Agreement
Program Agreement for: Village of Oak Brook (Public Valid: November 2, 2020- December 31, 2021
Works)
Service Provider Company: Twin Supplies Ltd. Representative:Anne Kraynak
Energy-Saving Improvements
Selected for
Installation Improvement Type Yearly Energy Cost Savings Quantity Total Cost
LED Fixtures-T8/T5 to LED $0.00 78 $1,053.00
,✓ Advanced Lighting Controls $0.00 84 $0.00
✓'i TLED (Type C) $0.00 30 $390.00
r✓; LED Fixtures-T8/T5 to LED $0.00 6 $360.00
V, Advanced Lighting Controls $0.00 6 $0.00
�✓, LED Fixtures-T8/T5 to LED $0.00 6 $81.00
Additional Costs
Selected for Quantity
Installation Cost Type Yearly Energy Cost Savings Installed Total Cost
✓i Labor N/A 1 $17,000.00
✓ Lift Rental N/A 1 $470.00
ivi Other N/A 1 $20,940.90
Must Include LBBB Retrofit Total Project Installation Cost $1,884.00
Additional Costs $38,410.90
Total Instant Incentives* - $20,940.90
FINAL COST $19,354.00
*Projects must be approved and incentives reserved before any work begins. If the program does not approve the
project, the customer is not required to proceed with the project. Incentives stated in this report are valid for 30
days from date of assessment. If you choose to pursue identified energy-saving improvements after 30 days,
please contact the program for a revised list of eligible improvements and pricing.
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M fxelcn Company
Terms and Conditions
Commonwealth Edison Company("ComEd")is offering the ComEd Energy before making such disclosure.
Efficiency Program("Program")to eligible customers to facilitate the
identification and implementation of cost-effective energy-efficiency PROJECT ELIGIBILITY
p gy-efficiency
improvements available for eligible non-residential customers(commercial, Project requirements under the Program and this Offering include the following:
industrial,local governments,municipal corporations,public school districts,
public universities,state and federal facilities).This Agreement sets forth the "Projects must involve new equipment installed at an existing facility that
terms and conditions applicable to customer's participation in the Program.By results in a permanent reduction in electrical energy usage(kWh).
signing below,Customer agrees to comply with and be bound by these terms. »Equipment must be installed and operational
»Equipment must be new(not used or rebuilt,and not for resale)and
PROGRAM YEAR used at the address for which savings are claimed.
Program incentives are offered from November 2,2020 until December 31, »Resale of replaced equipment is expressly forbidden.
2021 or when approved funding is exhausted,whichever comes first.Funds »Any measures installed at a facility must be sustainable and provide
are limited and applications are accepted on a first-come,first-served basis.If 100%of the energy benefits as stated in the application for a period of
funding is exhausted in a given Program Year or the Program or an offering is five years or for the fife of the product,whichever is less.If the customer
ceases ton o a delivery service customer the
ComEd,or removes the
cancelled,only projects which have received a written pre-approval will be equipment or systems at any time during the five-year period or the life
considered for payment of incentives.
of the product,the customer may be required to return a prorated
PROGRAM ADMINISTRATOR amount of incentive funds to ComEd.
ComEd has contracted and authorized Nexant,Inc.("Program Administrator") Projects that are NOT eligible for an incentive include,but are not limited to,
to administer the Program including such activities,but not limited to;review, the following:
processing,and approval of customer applications;pre and post inspections of
customer facilities and facilitate project information requests from customers, »Under the Future Energy Jobs Act,customers who had an account with
and Contractors;completion of energy assessments at customer facilities;and a load of 10MW or higher during the 12 months ending December,2020
measurement and verification activities. will not contribute to,nor participate in,the ComEd Energy Efficiency
Program
CONTRACTORS » Fuel switching(e.g.,electric to gas or gas to electric)that does not
As a convenience to customers,ComEd may provide a list of Service result in a reduction of total BTUs of electricity and natural gas
Providers,distributors,manufacturers,and other organizations("Contractors") »On-site electricity generation(except as part of a qualifying Combined
that may assist customers with the Program.Customer acknowledges that Heat and Power project)
Contractors are independent contractors with respect to the Program,and that »Projects involving gas-driven equipment in place of electric equipment
Contractors are not authorized to make representations or incur obligations on (such as a chiller)
behalf of ComEd.Participation as a Contractor does not constitute an »Projects focused primarily on power factor improvement
endorsement by ComEd,nor does it certify or guarantee the quality of work »Projects that involve peak-shifting(and not kWh savings)
performed. »Renewables
CUSTOMER ELIGIBILITY APPLICATION REVIEW PROCESS
»0-200 kW Peak Demand for Commercial and Industrial Businesses Program Administrator will review application submission packages for
»0-400 kW Peak Demand for local governments,municipal eligibility in the order received.Applicants who submit incomplete applications
corporations,public school districts,community college districts,public will be notified of their deficiencies upon review of the application,but could
universities,state and federal facilities experience delays in the approval process until all requested information is
»Within the ComEd service territory submitted.Program incentives exceeding$25,000 for an account number will
»Pay into the Energy Efficiency and Demand Response Adjustment require additional review.Applicants are encouraged to call 855-433-2700 if
(Rider EDA) they have any questions.
»Receive electricity over ComEd wires regardless of retail electric INSPECTIONS
supplier
ComEd reserves the right to inspect all projects to verify compliance with
CUSTOMER INFORMATION Program rules and verify the accuracy of project documentation.Upon
By signing below,Customer authorizes and acknowledges that ComEd may reasonable notice by ComEd,Customer must agree to provide access to
duplicate,disseminate,release and disclose Customer's information relating to project documents and the facility where the efficiency measures were
Customer's application(including the entirety of its contents),and any other installed for a period of one year after project completion.Customer authorizes
information related to the Customer's participation in the Program,including ComEd to verify the actual savings from the improvements installed by
but not limited to account information,billing data,and energy usage to reviewing three years of billing and usage data pre-installation of the
Program Administrator,Contractors,and other approved third parties,as measures and two years post installation of the measures.
applicable,for the purposes of verifying Customer's eligibility for participation EVALUATION,MEASUREMENT AND VERIFICATION
in the Program;processing the Customer's application;to verify equipment
installation system operation and results;or as required to comply with state The Program is evaluated annually by an independent third-party evaluator,as
and/or federal law,fraud prevention,regulation,and other legal action;in required by law.Customer's completed project may be selected for evaluation.
those cases,ComEd,Program Administrator,Contractors and approved third Depending on the nature of the project,evaluation may include measurement
parties shall comply with all legal requirements of the jurisdiction of the and verification(M&V),the process of monitoring,measuring and/or verifying
individual whose Customer data would be disclosed data related to equipment operation and electrical
Reproduction of this document without the express writtou consrnt Page 7 of VmEd,: powering lives
ofNexrnt is prohibited and in violation of copyright laws.
I
Terms and Conditions (cont.)
consumption.Upon reasonable notice,Customer agrees to participate fully in ASSESSMENT REPORT
the evaluation process by allowing access to the facility where the project took
place and providing information and access to data required for MRV to the Customer understands that the Assessment Report("Report")is provided by
Program's evaluator and/or to complete a customer survey. ComEd to assist Customer in making energy decisions and is for informational
purposes only.The information in the Report is based on an on-site
PROJECT COSTS assessment of conditions observed at the facility address identified in
For equipment replacement items,the costs listed are estimated costs for Customer's application,information provided by Customer and from ComEd,
materials.Taxes and costs above this base for items such as vapor tight and industry standard practices and costs for similar projects.The amounts
fluorescent fixtures or installation equipment,e.g.lifts,are to be discussed provided are estimates and may vary from actual results of installed measures.
with the customer by the Contractor.Project scope may include additional This Report is not to be construed as a design document and in no way
items not incentivized or listed in this report,please refer to your Contractor for implies approval of incentive amounts or pre-approval of Customer's
additional documentation for items outside of this report.Incentive payments application.ComEd reserves the right to make final determination of customer
are issued directly to the Contractor.Customer is responsible for payment of eligibility,qualifying measures,system savings,project cost-effectiveness and
remaining balance to the Contractor. final rebate amounts and the final incentive amount is based on approval of
installed measures meeting all Program and Offering requirements.
TOXIC MATERIALS
Neither ComEd nor its Program Administrator shall have any responsibility for NO WARRANTIES
the discovery,presence,handling,removal,disposal of,or exposure to Customer shall independently evaluate any advice or information offered by
hazardous materials of any kind in connection with customer's facility, ComEd,Program Administrator or Contractors related to estimates of energy
including without limitation,asbestos,asbestos products,PCBs or any other savings or project costs and is solely responsible for the selection and j
toxic substances. implementation of Energy Conservation Measures(ECMs).COMED AND
PROGRAM ADMINISTRATOR MAKE NO WARRANTIES OR
All materials removed,including lamps and PCB ballasts,are required to be REPRESENTATIONS OF ANY KIND WITH RESPECT TO THE
permanently taken out of service and disposed of in accordance with local PERFORMANCE OR EFFECTIVENESS OF ANY POTENTIAL ENERGY OR
codes and ordinances,and resale of replaced equipment is not allowed. COSTS SAVINGS,MEASURES IDENTIFIED,EQUIPMENT INSTALLED,
Customer understands that its Contractor is responsible for recycling and MEASURES IMPLEMENTED,AND/OR SERVICES RENDERED BY ANY
disposal of old equipment in compliance with applicable codes or ordinances. PERSON OR ENTITY IN CONNECTION WITH THE PROGRAM.COMED
(Information about hazardous waste disposal can be found at: AND PROGRAM ADMINISTRATOR DISCLAIM ALL WARRANTIES,
www.epa.gov/epawaste/hazard/index.htm). EXPRESS OR IMPLIED,TO THE MAXIMUM EXTENT PERMITTED UNDER
LIMITATIONS OF LIABILITY LAW,WHETHER STATUTORY OR OTHERWISE,INCLUDING WITHOUT
LIMITATION ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR
IN NO EVENT WILL COMED AND PROGRAM ADMINISTRATOR,BE LIABLE A PARTICULAR PURPOSE.
FOR CUSTOMER'S FAILURE TO ACHIEVE A SPECIFIED AMOUNT OF
ENERGY SAVINGS,THE OPERATION OF CUSTOMER'S FACILITIES,OR GOVERNING LAW
THE IMPLEMENTATION OF ECMs AT CUSTOMER'S FACILITIES.IN NO This Agreement shall be exclusively governed by and interpreted in
EVENT WILL COMED OR PROGRAM ADMINISTRATOR BE LIABLE TO accordance with the laws of the state of Illinois,excluding choice of law rules.
CUSTOMER FOR ANY LOST PROFITS,LOST SAVINGS OR INCIDENTAL, Any litigation between the parties shall be prosecuted only in the state or
INDIRECT,SPECIAL OR CONSEQUENTIAL DAMAGES,ARISING OUT OF federal courts located in Cook County,Illinois.
CUSTOMER'S PARTICIPATION IN THIS OFFERING.
PROGRAM CHANGES
Each party hereby agrees to defend,indemnify and hold harmless the other '
party,its consultants,contractors and subcontractors,and their respective ComEd reserves the right to modify,update,and amend the terms and
officers,employees,agents,assigns,and successors-in-interest("Indemnified conditions of the Program,including,but not limited to,making adjustments to
Parties")from and against any third party claims,damages,losses,liability, incentive amounts,qualifying measures,and changing or cancelling the
costs(including attorney's fees and expenses)for bodily injury to any person Program upon thirty(30)days written notice to Customer and/or Contractor.
(including death resulting therefrom)and property damage arising out of or in Pre-approved applications,for which the applicant has completed all Program
connection with the Program,except to the extent such claims,damages, requirements,will be processed to completion under the terms and conditions
losses,liability and costs are caused by the negligence or willful misconduct of in effect at the time of the pre-approval by ComEd.
the other party. ENTIRE AGREEMENT
DISCLAIMER The terms and conditions set forth herein,including all attachments and
Customer shall be entitled to the energy cost savings realized by the customer incorporated references,constitute a complete statement of the terms and
that result from the installation of ECMs at the customer's site.In consideration conditions applicable to Customer's participation and supersede all prior
of the services provided by ComEd as part of this Offering,the customer representations or understandings,whether written or oral.
agrees that ComEd is entitled to 100%of the rights and benefits associated
with the measures,including without limitation PJM products and all other
attributes,credits or products associated therewith under any regional initiative
or federal,state or local law,program or regulation,and customer waives,and
agrees not to seek,any right to the same.
Reproduction of this do,—without the express written consent Pa Bof9CORSOpowering lives
ofNexant is prohibited and in violation of copyright laws. Page
An Exelon Company
Terms and Conditions (cont.)
Project Summary
Tool ID: 044813 Final Cost to Customer: $19,354.00
Total Project Cost: $40,294.90 Service Provider Company Name: Twin Supplies
Ltd,
Total Incentives: `20,940.90
Customer Signature
By signing below.
1. 1 certify that. as the Customer Representative, I have the authority to bind the Customer to these terms.
2. Customer agrees to the installation of the improvements with the above installation quantities as specified in
the Report and that Customer will install the specified product(s)at the facility. I have been informed of the
installation costs of the specified products and acknowledge and agree that the products were selected at
my discretion.
3. 1 have read, understand and agree to comply with the terms and conditions set forth in this Agreement.
4. 1 agree that if I remove the energy-saving improvements installed before a period of five years or the end of
the product life. whichever is less. then I shall pay back a prorated amount of incentive funds (equal to the
cost of the energy-saving improvement(s))to ComEd based on the actual period of time in which the related
equipment was installed and operating (or the full amount if the equipment was never installed). I understand
that this is necessary to assure that the project's related energy benefits will be achieved.
5. 1 consent to use of a third party service for purposes of electronically signing this Agreement and agree to
be bound by electronic signature.
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TWIN SUPPLIES, LTD. ESTIMATE
High Efficiency Lighting Date Estimate#
http://twinsupplies.net 1010 JORIE BLVD,Suite 124 OAK BROOK,IL 60523 10/13/2021 565-57-848C
PHONE: (630)590-5138 FAX: (630)537-1045 EMAIL:info@twinsupplies.net
Ship To
VILLAGE OF OAK BROOK Village of Oak Brook
1200 OAK BROOK RD. Public Works
OAK BROOK IL,60523-2203 3003 Jorie Blvd
Oak Brook,IL 60523
Attn:Doug
Customer Contact Customer Phone Rep Project
Doug Hroba 630-368-5282 C&A
Item Description Qty Rate Total
RCA-136W HIGHBAY 4K RCA-136W HIGHBAY 4000K 19,040 LUMENS;6FT 94 75.00 6,300.00
CORD;HANGING KIT; 0-1 OV ZIGBEE CAPABLE;5
YEAR WARRANTYLGE-HB-136-40
PHIL-LED 13W 5000 P PHILIPS-13W 4FT TLED T8 PLASTIC TUBE;5000K;7 30 3.00 90.00
YEAR WARRANTY.SKU-046677473952/473958
(DLC)
ADVANCE-TYPE C LED 2 LA... ADVANCE-TYPE C LED DRIVER 2 LAMP 30 10.00 300.00
#ICN-2P 16-TLED-N
DELVIRO-ZIP8-40-SNS200 DELVIRO-8FT ZIPLIGHT LED;38W;5,900 LUMENS; 6 60.00 360.00
SNS200; 10 YEAR WARRANTY DLC
LABOR LABOR-1 YEAR WARRANTY 17,000.00 17,000.00
LIFT CHARGE LIFT CHARGE 500.00 500.00
COMED PSSFP REBATE THE ABOVE PRICING INCLUDES ALL APPLICABLE -5,196.00 -5,196.00
COMED PUBLIC SECTOR SMALL FACILITIES
PROGRAM(PSSFP)REBATES;REBATES BASED ON
APPROVAL
ESTIMATED INENTIVE FROM COMED:$20,785
BONUS:$5,196
This estimate is good for 30 days.Thank you for your business! Subtotal $19,354.00
EX-E Sales Tax (0.0%) $0.00
Check out some of our projects on our website:
•.�y
http://twinsupplies.net/
Total $19,354.00
EXHIBIT B
(INSURANCE REQUIREMENTS)
Certificates of Insurance shall be presented to the Village upon execution of this contract and vendor shall not
commence work until it provides and receives acceptance of insurance certificates from the Village as required by
this exhibit.
Each contractor performing any work pursuant to a contract with the Village of Oak Brook and each permittee
working under a permit as required pursuant to the provisions of Title 1 of Chapter 8 of the Code of Ordinances of
the Village of Oak Brook (hereinafter referred to as "Insured") shall be required to carry such insurance as
specified herein. Such contractor and permittee shall procure and maintain for the duration of the contract or
permit insurance against claims for injuries to persons or damages to property, which may arise from or in
connection with the performance of the work under the contract or permit, by either the contractor,permittee, or
their agents, representatives, employees or subcontractors.
A contractor or permittee shall maintain insurance with limits no less than:
A. General Liability - $2,000,000 combined single limit per occurrence for bodily injury, personal injury and
property damage;
B. Automobile Liability (if applicable) - $1,000,000 combined single limit per accident for bodily injury and
property damage;
C. Worker's Compensation and Employer's Liability-Worker's Compensation limits as required by the Labor
Code of the State of Illinois and Employer's Liability limits of$1,000,000 per accident.
Any deductibles or self-insured retention must be declared to and approved by the Village. At the option of the
Village, either the insurer shall reduce or eliminate such deductible or self-insured retention as respects the
Village, its officers, officials, employees and volunteers; or the Insured shall procure a bond guaranteeing
payment of losses and related investigations, claim administration and defense expenses to the extent of such
deductible or self-insured retention.
The policies shall contain,or be endorsed to contain,the following provisions:
D. General Liability and Automobile Liability Coverage-
(1)The Village, its officers, officials,employees and volunteers are to be covered as additional insureds as
respects: liability arising out of activities performed by or on behalf of the Insured;premises owned,
occupied or used by the Insured. The coverage shall contain no special limitations on the scope of
protection afforded to the Village, its officers, officials, employees,volunteers,or agents.
(2)The Insured's insurance coverage shall be primary insurance as respects the Village, its officers,
officials, employees, volunteers and agents. Any insurance or self-insurance maintained by the
Village, its officers, officials, employees, volunteers or agents shall be in excess of the Insured's
insurance and shall not contribute with it.
(3)Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the
Village, its officers,officials, employees,volunteers or agents.
(4)The Insured's insurance shall apply separately to each covered party against whom claim is made or
suit is brought except with respect to the limits of the insurer's liability.
E. Worker's Compensation and Employer's Liability Coverage
The policy shall waive all rights of subrogation against the Village, its officers, officials, employees,
volunteers and agents for losses arising from work performed by the insured for the Village.
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Each insurance policy shall be endorsed to state that coverage shall not be suspended,voided, canceled by either
party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail has
been given to the Village. Each insurance policy shall name the Village, its officers, officials and employees,
volunteers and agents as additional Insureds. Insurance is to be placed with insurers with a Best's rating of no
less than A:VII.
Each Insured shall furnish the Village with certificates of insurance and with original endorsements effecting
coverage required by this provision. The certificate and endorsements for each insurance policy are to be signed
by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to
be on forms approved by the Village and shall be subject to approval by the Village Attorney before work
commences. The Village reserves the right to require complete,certified copies of all required insurance policies,
at any time.
Each insured shall include all subcontractors as insureds under its policies or shall furnish separate certificates
and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the
requirements stated herein. j
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