Loading...
PW Garage Lighting Replacement Project 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. 1 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. 2 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 Contractor's performance of, or failure to perform, the 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, 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 secl.; 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 720 ILCS 5/33E-1 et seg. as to achieve, as near as may be, the purpose and intent 3 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 I. 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 ILCS 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 non-disclosure 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. K. Prevailing Wage. Pursuant to Section 4 of the Illinois Prevailing Wage Act, 820 ILLS 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 4 IN WITNESS WHEREOF the parties hereto N71LLACTE OF OAK BROOK, an Illinois have caused yt�his Agreement to be executed, municipal corporation effective on &-k. /50-C 2021. AT' - 133, By: > Village Clerk ATTEST: � "✓ By: .�•-- � 5 EXHIBIT A (COMED ENERG Y EFFICIENCY PROGRAM ASSESSMENT REPORT DATED May 11, 2021 and TWIN SUPPLIES, LTD. ESTIMATE#565-57-848C, DATED OCTOBER 13, 2021) 6 Co nSffid. 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. l Cost of All Recommended Improvements $40,294.90 ' Cost of Selected Improvements $40,294.90 Total Instant Incentives from ComEd' -$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 3,476.9 year improvements and your usage if all improvements were completed. Current Energy Lower your annual electric costs by: Usage After installing $5.57 Improvements After Installing All Irnprovements wow 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 Reproduction of this d000menl Witham the express written consent Page I of 9 co"M M., powering lives of Nexant is prohibited and a,violation of copynght laws. A,Exe!on Company 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/Bizincentives. You can also reach us by phone at 855-433-2700 or email us at BusinessEE@ComEd.com. Reproduction of this document without the express written consent g i Page 2 of 9 Cm d powering lives ofNezant is prohibited and in violation of copyright laws. An E-1.,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. New Lighting 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- Works Ballast TLED-N 30 1,839.80 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 Bay 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 Reproduction ofrhis document without rhe express lmh,,consent page 3 of 9 Con*dm powering lives .IN ezant is prohibited and in violation ofcopyright laws. An Exelon Company 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 Reproductim on ofthis docuent without the esptess-ire,consent Page a of 9 ComEd® powering lives ofNexent is prohibited end in violation ofcopyfighl laws. An E+elon Com p—r 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. ' _ tD,PROJECT PLAN 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 Tw�SUPPIBIL`PD, Consultant your installation. 016H EFFICIENCY LI6NTIN6 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. Reproduction of this document without the express wrinen consent Page 5 of 9 Couffidy powering lives of Nexanr is prohibited and in violation of copynght laws. An Exelon Company Program OfferingAgreement 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 ]✓ TLED (Type C) $0.00 30 $390.00 0 LED Fixtures-T8/T5 to LED $0.00 6 $360.00 0 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 [� Labor N/A 1$17,000.00 [✓ Lift Rental N/A 1 $470.00 ❑✓ Other N/A 1$20,940.90 Must Include L&B 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. Reproduction ofthis document without the express,Tinm consent page 6 of 9 Con*d® powering lives ofNexant is prohibited and in violation ofcopyright latus. An Exe!on 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 PROJECT ELIGIBILITY identification and implementation of cost-effective energy-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 an existing facility that results in a permanent reduction in electrical energy usage(kWh). terms and conditions applicable to customer's participation in the Program.By »Equipment must be installed and operational. signing below,Customer agrees to comply with and be bound by these terms. » 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 life of the product,whichever is less.If the customer cancelled,only projects which have received a written pre-approval will be ceases to be a delivery service customer of ComEd,or removes the considered for payment of incentives, equipment or systems at any time during the five-year period or the life 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 a 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 Ae,toduceion of this document without the ecpress written consent Page 7 of 9 ® powering lives ofNexant is prohibited and in violation of copyright laws. An Ezelon Company 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 M&V 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 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 ofth,document without the express written conunt page 8 of 9 Como.I powering lives of Nexant is prohibited and in violation of copyright laws. An F.xelon Company Terms and Conditions (cont.) Project 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. Customer company name Df Rcc Custbmer-r-ept6sentative signature Title / — /v Z S Al Customer print name Date Tenn, J ccWrtwply Offm—WbK w<Iwt. A-1:_,,_Z­_,69 eutt em —w unto RM nt; C Cemmm.tat!b Ed—CmgmS,IO2! M C9 E9 E-W EM'rt pmm",a Anted!n ,"T.nmi with wm law SBNnTCR Ipl?It41 Ryroducbr.et ur.acrcramt aiMout:he ealrcats onittu cer.,cm t e 9 of 9 of xcxm!.n FT h!.A evd 6h cm!etrol 6fc Dl'flFTt lee.: a5 i 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(a';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 84 75.00 6,300.00 CORD;HANGING KIT; 0-10V 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 0 ••o Sales Tax (0.0%) $0.00 wry r Check out some of our projects on our website: 1►\✓ http://twinsuppiies.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. 7 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. 8