RFP 23-52 Actionable Pricing for Municipal Electric Energy Supply

1 Revised 03-02-2023 CITY OF EVANSTON REQUEST FOR PROPOSAL NUMBER: 23-52 For Actionable Pricing for Municipal Electric Energy Supply October 19, 2023 PROPOSAL DEADLINE: 2:00 P.M. November 7, 2023 PRE-PROPOSAL MEETING: Non-mandatory 2:00 P.M. October 27, 2023 Zoom https://us06web.zoom.us/j/84526628271 ELECTRONIC BID SUBMITTAL: Bid responses will only be accepted electronically via E-bidding through DemandStar (WWW.DEMANDSTAR.COM) It is highly recommended that new DemandStar users complete the account setup process prior to project due date/time. City of FEvanston https://us06web.zoom.us/j/84526628271 https://network.demandstar.com/ 2 Revised 03-02-2023 TABLE OF CONTENTS Notice to Proposers

................................................................................................. 03 1.0 Introduction ...................................................................................................... 04 2.0 Scope of Services ........................................................................................... 05 3.0 Insurance ......................................................................................................... 10 4.0 Submittal Requirements (Please see Attachments) ...................................... 10 5.0 Additional Submittal Requirements ................................................................. 11 6.0 M/W/D/EBE Goals .......................................................................................... 12 7.0 Evaluation Criteria ........................................................................................... 12 8.0 Selection Process ............................................................................................ 12 9.0 Proposed Schedule ......................................................................................... 13 10.0 Questions Regarding RFP ............................................................................... 13 11.0 General Terms and Conditions ........................................................................ 13 Price/Costs Form ....................................................................................................... 19 RETURN ALL EXHIBITS WITH RFP Exhibit A Disclosure of Ownership Interests ........................................................... 20 Exhibit B Additional Information Sheet ................................................................... 23 Exhibit C Conflict of Interest Form .......................................................................... 24 Exhibit D Acknowledgement of Understanding....................................................... 25 Exhibit E Anti-Collusion Affidavit and Proposers Certification ............................... 26 Exhibit F Professional Services Agreement Acknowledgement ............................. 27 Exhibit F Consultant Certification and Verification Addendum................................ 28 Exhibit F Electricity Supply Agreement ................................................................... 29 Exhibit G Additional Submittal Requirements ......................................................... 44 ATTACHMENTS Attachment A Evanston Accounts and Annual Usage (4 Pages) Attachment B Authorization for Energy Pricing/Procurement (1 Page) DemandStar- E-bidding Instructions (14 Pages) 3 Revised 03-02-2023 CITY OF EVANSTON NOTICE TO PROPOSERS Proposals will be received by the Purchasing Office until 2:00 P.M. local time on November 7, 2023. Effective immediately, the City of Evanston will no longer accept hard copy paper submittals for any solicitation. Responses will only be accepted electronically via E-bidding through DemandStar (www.demandstar.com). Although registration is required, vendors can download solicitations and upload responses for free. Proposals shall cover the following: Actionable Pricing for Municipal Electric Energy Supply RFP Number: 23-52 The City of Evanstons Sustainability & Resilience Division in the City Managers Office is seeking proposals from experienced firms for prequalified Alternative Retail Electric Suppliers (ARES) to supply full requirements electric service to the electricity accounts listed in Table 1 of the RFP. There will be a non-mandatory virtual pre-proposal meeting on Friday, October 27, 2023, at 2:00 p.m. All firms intending to submit a proposal for this project are encouraged to attend to discuss the proposed work and receive answers to questions related to the project. The above item shall conform to the RFP on file in the Purchasing Office. Parties interested in submitting a proposal should contact the Purchasing Office to receive a copy of the RFP or see the Citys website at: www.cityofevanston.org/business/bids-proposals/ or Demandstar at: www.demandstar.com. The City (the City of Evanston) in accordance with the laws of the State of Illinois, hereby notifies all firms that it will affirmatively ensure that the contract(s) entered into pursuant to this notice will be awarded to the successful firm without discrimination on the grounds of race, color, religion, sex, age, sexual orientation marital status, disability, familial status or national origin. The City of Evanston reserves the right to reject any or all submittals or to accept the submittal(s) deemed most advantageous to the City. The Evanston City Council also reserves the right to award the contract to an Evanston firm if that firms bid is within 5% of the low bid. Each Proposer shall be required to submit with his/her proposal a Disclosure of Ownership Interest Statement Form in accordance with Section 1-18-1 et seq. of the City Code. Failure to submit such information may result in the disqualification of such proposal. John Gonzalez Purchasing Specialist https://network.demandstar.com/ http://www.cityofevanston.org/business/bids-proposals/ http://www.demandstar.com/ 4 Revised 03-02-2023 CITY OF EVANSTON Request for Proposal 1.0 INTRODUCTION The City of Evanston, Illinois (City) has a population of over 77,000 and is located just north of Chicago on the western shore of Lake Michigan. The City operates various facilities, including, but not limited to, a water treatment plant, community centers, parking garages and recreational and government support facilities. The City currently sources electricity through an Alternative Retail Electric Supplier (ARES) that provides 100% renewable electricity through the purchase of Renewable Energy Certificates (RECs). The City seeks to contract with a single Alternative Retail Electric Supplier (ARES) to supply full requirement electric service to its electrical accounts listed in Table 1 of this RFP by issuance of this Request for Proposals (RFP). The majority of the Citys electric energy consumption is concentrated in six (6) accounts, the largest of which is around 2.5 MW in demand. Any supplier selected by the City will provide a single monthly bill for each account as well as a consolidated billing statement. Additionally, any supplier selected by the City must provide online access to all billing statements issued and a reporting option that presents consolidated consumption and cost information for accounts served by the selected supplier. This RFP is being sent to those ARES that are certified by the Illinois Commerce Commission. Only those ARES that are certified by the Illinois Commerce Commission to sell electricity will be eligible to be found qualified. The City requests pricing for contract terms ranging from 12 to 36 months for City accounts. The pricing may be separated into Small Accounts, Large Accounts, and Lighting Accounts. Account groups and contract term will be determined by the City. The contract term will begin on January 1, 2024. Contact with City personnel in connection with this RFP shall not be made other than as specified in this RFP Unauthorized contact of any City personnel may be cause for rejection of a proposal. Prior to the submittal of a proposal, Proposers are advised to carefully examine the contract documents project scope and work tasks to be accomplished specifications submittal requirements insurance requirements and required documentation Proposers are advised to become thoroughly familiar with all conditions, instructions and specifications governing this RFP. Proposals shall be made in 5 Revised 03-02-2023 accordance with these instructions. Proposals shall be submitted on the forms provided by the City The City will not be liable in any way for any costs incurred by respondents in replying to this Request for Proposal. 2.0 SCOPE OF SERVICES 2.1 ACCOUNT INFORMATION The service address and account numbers for the facilities to be supplied electric service subject to this RFP are shown below in Table 1 and attached in Attachment A. The City anticipates that its future energy consumption will be consistent with the historical load characteristics of these accounts. However, the City anticipates installing solar photovoltaics at the Robert Crown Community Center in 2024, which will reduce the ARES-supplied electricity at that site; the anticipated electricity reduction is unknown at this time. The City is currently constructing an all-electric animal shelter, to be completed in 2024; the anticipated ARES-supplied electricity is expected to increase at that site. The City makes no warranty or guarantee as to its actual future electric usage, and consumption is subject to change. Table 1. City of Evanston Electricity Accounts Site Name Pricing Group ComEd Account Number Service Address Other Large 0552103018 Evanston, IL 60201 Public Works Facility Large 0434104006 2020 Asbury-2 or 2100 Ridge Evanston, IL 60201 Public Works Facility Large 0506090008 2020 Asbury - 2 Evanston, IL 60201 Church Street Self Park Large 2522497009 525 Church St / Ns Chicago Evanston, IL 60201 Maple Self Park Large 6327066013 1800 Maple Evanston, IL 60201 Sherman Street Garage Large 3110672031 821 Davis Evanston, IL 60201 Police and Fire HQ Large 0095706004 1454 Elmwood Ave. Evanston, IL 60201 Library Facility Large 0104686008 1703 Orrington Evanston, IL 60201 James Park Large 1603051020 300 Dodge Avenue Evanston, IL 60201 Fleetwood-Jourdain Large 2447621009 1655 Foster Evanston, IL 60201 Levy Center Large 4758041015 300 Dodge Evanston, IL 60201 Robert Crown Community Center Large 5892081083 1701 Main St. Evanston, IL 60201 Water South Standpipe Large 1606005039 640 Hartrey Evanston, IL 60201 Water Pumping Station Large 0228049072 555 Lincoln Evanston, IL 6 Revised 03-02-2023 60201 Streetlighting Lighting 4183001036 0 Poplar WS Pole S LIVI Evanston, IL 60201 Parking Lot Lighting 8683168012 Evanston, IL 60201 Elliott Park Lighting 1529166097 Bike Path/ Lee Street Beach Restrooms Evanston, IL 60201 Foster Park Lighting 1539069176 1600 Foster Park Evanston, IL 60201 1817 Foster St Lighting 5232073045 1817 Foster St Evanston, IL 60201 Lighting Lighting 0435072085 Evanston, IL 60201 Streetlighting Lighting 0068082057 117 Asbury Ave Evanston, IL 60201 Metered Street Lights Lighting 0745074015 1701 N Sheridan Evanston, IL 60201 Streetlighting Lighting 6708124007 Evanston, IL 60201 2020 Asbury Small 2354158000 2020 Asbury Evanston, IL 60201 700A Davis St Small 8344168161 700A Davis St Evanston, IL 60201 700B Davis Small 2378001133 700B Davis St Evanston, IL 60201 Rehab #6 Small 2193157061 631 Howard Evanston, IL 60201 Recycling Center Small 3453005021 2222 Oakton St Evanston, IL 60201 729 Howard Small 1998103068 729 Howard Evanston, IL 60201 Parking Garage Small 1528044010 1236 Chicago Ave Evanston, IL 60201 Fire Station #3 Small 0307036040 1105 Central Evanston, IL 60201 Fire Facility Small 0095707001 1332 Emerson Evanston, IL 60201 Fire Station #2 Small 0261587008 702 Madison Evanston, IL 60201 Fire Station #4 Small 0261592009 1817 Washington Evanston, IL 60201 Fire Station #5 Small 0434043035 2830 Central Evanston, IL 60201 Library Facility Small 0095746008 2026 Central Evanston, IL 60201 Baker Park Small 3446794004 Keeney Street & Forest Avenue Evanston, IL 60201 Burnham Shores Beach Office Small 3278306007 ES Lakeshore 1S Dempster Evanston, IL 60201 Centennial Park / Lunt Park Small 3026496009 NS Church E Sheridan Rd / 1631 Sheridan Evanston, IL 60201 Clark St Beach/Cent pk Small 0729103048 1811 Sheridan Rd Evanston, IL 60201 7 Revised 03-02-2023 Clark St Beach/Cent pk Small 2522625012 1811 Sheridan Road (3) Evanston, IL 60201 Dawes Park Small 3026807002 Greenwood Street & Sheridan Road Evanston, IL 60201 Firemans Park Small 3477160029 3100 Simpson Evanston, IL 60201 Fog Houses Small 2186470004 ES Sheridan Rd 1N Central Evanston, IL 60201 Ingraham Park Small 2354666007 2100 Wesley Avenue Evanston, IL 60201 Jensen Park Small 2186466000 2603 Sheridan Road Evanston, IL 60201 Leahy Park Small 2354367009 SS Lincoln 1W Ridge Evanston, IL 60201 Leahy Park Shelter Small 2354366002 1100 Lincoln St. Lee Street Small 3278307004 1111 Lakeshore Boulevard Evanston, IL 60201 Light House Small 2186469001 Sheridan Road and Central Street Evanston, IL 60201 Lighthouse Park 1 Small 1598325002 2603 Sheridan Evanston, IL 60201 Lighthouse Park 1 Small 2186463009 2603 Sheridan Evanston, IL 60201 Megowon Park Small 8340132076 600 Hinman Evanston, IL 60201 Peter Jans /Chandler Park Small 2186261005 1032 Central Evanston, IL 60201 Ackerman Park Small 2867684000 SS Central Street Evanston, IL 60201 Brummel Park Small 2625093032 148 Elmwood Evanston, IL 60201 Elden Park Small 3201436001 720 Washington Street Evanston, IL 60201 Independence Park Small 2867633003 2001 Central Street Evanston, IL 60201 Sheridan Square Small 1353792007 525 Sheridan Square Evanston, IL 60201 Smith Park Small 0300108043 1745 Ashland Ave P.S. Evanston, IL 60201 Adam Perry Park Small 2971036149 1741 Hovland Ct Evanston, IL 60201 Beck's Park Small 1203161032 2525 Church Street Evanston, IL 60201 Butler Park Small 6678080036 Foster Street & Hartrey Avenue Evanston, IL 60201 Fitzsimons Small 1103382002 1010 Sherman Ave Evanston, IL 60201 Harbert Park Small 4743148016 1100 McDaniel Evanston, IL 60201 Larimer Park Small 1775326005 NS Crain Street & Oak Avenue Evanston, IL 60201 Lovelace Park Field House Small 1946323003 2700 Gross Point Rd / Unit 1711 Evanston, IL 60201 8 Revised 03-02-2023 Mason Park Small 2027430004 1600 Church Evanston, IL 60201 Merrick Park Small 1943005008 1100 Lake Evanston, IL 60201 Penny Park Small 2531646001 1427 Florence Ave Evanston, IL 60201 Twiggs Park Small 0429095018 2200 Ashland Evanston, IL 60201 Bent Park Small 2618677000 NS Harrison St 1E Cowper Evanston, IL 60201 Chandler-Newberger Center Small 2186257001 1028 Central Evanston, IL 60201 Ecology Center Small 2867267009 2024 McCormick Evanston, IL 60201 Gibbs Morrison Small 0675016252 1823 Church St Evanston, IL 60201 Noyes Cultural Arts Ctr Small 2186825009 927 Noyes Evanston, IL 60201 Animal Shelter Small 0261590014 2310 Oakton Evanston, IL 60201 Police Camera Small 8067056104 1712 Payne Evanston, IL 60201 McCormick Meter Pit (Emerson & McCormick) Small 2699056009 NS Emerson Evanston, IL 60201 Water North Standpipe Small 4511048001 2536 Gross Point Evanston, IL 60201 Gross Point Road & Old Orchard Road Small 0018728008 437133A1 Evanston, IL 60201 Oakton Water Supply Connection Small 1563128120 Irrigation Pump Small 0153145101 636 Chicago Evanston, IL 60201 Civic Center Small 3026089004 0 E. Orrington, 1S Church Evanston, IL 60201 Civic Center Small 3026096009 0 S. Sherman, 1N Grove Evanston, IL 60201 Festival Lighting Small 3026090007 ES Sherman 1N Orrington Evanston, IL 60201 Small 3110784009 0 W Sherman, 1N Church Evanston, IL 60201 Festival Lighting Small 3026495002 0 E. Chicago Ave, 1N Grove Evanston, IL 60201 Controller 701 Howard St. Small 5195004002 701 Howard St Evanston, IL 60202 2.2 PRICING ALTERNATIVES The City is seeking actionable pricing proposals that include power supply, delivery of electric energy to its facilities and all terms and conditions with respect to the Electricity Supply Agreement supplied in Exhibit F of this RFP. 9 Revised 03-02-2023 Prices for each component, supply, losses, capacity, transmission, ancillary and renewable compliance charges shall be shown and be totaled to provide a bundled fixed supply price (excluding delivery charges). The supply prices shall be fixed for the entire proposed term of the agreement and all other component charges should be based on current market or tariff rates. 2.2.1 Base Pricing Proposals Pricing based on meeting only the requirement of electric supply to each of the supply groups identified in this RFP. 2.2.1.1 Twelve Month Term Term start month: January 1, 2024; term end: December 31, 2024 meter read date, earliest meter read start date January 1, 2024. 2.2.1.2 Twenty-Four Month Term Term start month: January 1, 2024; term end: December 31, 2025 meter read date, earliest meter read start date January 1, 2024. 2.2.1.3 Thirty-Six Month Term Term start month: January 1, 2024; term end: December 31, 2026 meter read, earliest meter read start date January 1, 2024. 2.2.2 Pricing Groups Pricing based on the load characteristics of individual accounts assigned to the following groups: Lighting, Small, Large, or a more efficient grouping as determined by the proposal submitter. 2.2.2.1 All Account Groups shown in Table 1. All City accounts served by ComEd. 2.2.3 Vendor Margin Pricing Offer Structure Vendor Margin is a charge that a supplier adds to the pass-through cost for energy supply, capacity, transmission and ancillaries and any RECs supplied under the supply agreement. The Vendor Margin is a fee that is in addition to the pass through total cost of energy supply and represents the profit and overhead the supplier will earn from the electric supply contract with the City. Bidders are instructed to indicate their Vendor Margin on the pricing offer forms included in Exhibit A (Page 43) for each of the pricing groups noted in Section 2.2.2. 2.2.4 Bid Alternate 1 Green-e RECs Renewable Energy Option Illinois or Adjoining State Provide alternative pricing proposals for the proposed agreement terms listed in Sections 2.1 above, with a volume of renewable energy certificates (RECs) equal to 100 percent of the total electricity consumption of the Citys accounts. The volumes of RECs provided through Alternate 1 are in addition to the Illinois Renewable Portfolio Standard. The RECs shall be sourced from renewable power assets located in Illinois or a state that is adjacent to Illinois. 10 Revised 03-02-2023 Appropriate documentation certifying the RECs are from an acceptable source will be required. 3.0 INSURANCE Consultant shall carry and maintain at its own cost with such companies as are reasonably acceptable to City all necessary liability insurance (which shall include as a minimum the requirements set forth below) during the term of this Agreement, for damages caused or contributed to by Consultant, and insuring Consultant against claims which may arise out of or result from Consultants performance or failure to perform the Services hereunder. The consultant must provide an insurance certificate naming the City of Evanston as an additional insured and will provide a variety of insurances including: comprehensive general liability - $3,000,000 combined single limit for each occurrence for bodily injury and property damage designating the City as Additional Insured Workers Compensation - Statutory Limits Automobile Liability - $1,000,000 per occurrence for all claims arising out of bodily injuries or death and property damages. errors and omissions or professional liability insurance - $1,000,000 The surety and the insurance company must have not less than an A+ rating from the Alfred M. Best Co., Inc. and be approved by the City of Evanston. Consultants certificate of insurance shall contain a provision that the coverage afforded under the policy(s) will not be canceled or reduced without thirty (30) days prior written notice (hand delivered or registered mail) to City. 4.0 SUBMITTAL REQUIREMENTS The City will no longer accept hard copy paper submittals for any solicitation. Responses will only be accepted electronically via E-bidding through DemandStar. Respondents are still required to complete all of the bid documents and provide all of the requested information in a pdf file(s). Please refer to attached DemandStar e- bidding documents. ANY PROPOSALS RECEIVED AFTER THE SUBMITTAL DEADLINE, WILL BE NOT BE ACCEPTED. It is the sole responsibility of the proposer to insure that his or her proposal is delivered by the stated time. THE CITY IS NOT RESPONSIBLE FOR IMCOMPLETE UPLOADED SUBMITTALS.. A. Cover Letter The cover letter will include the following: introduction of firm signed by an authorized Principal of the firm name of firm address of firm phone number of the firm submitting the proposal 11 Revised 03-02-2023 include the name and signature of an authorized binding official who is authorized to answer questions regarding the firms proposal B. Qualifications and Experience of Firm and/or Team All respondents shall describe other contracts (at least 3, but no more than 5) similar in scope, size or discipline to the required services described herein, performed or undertaken within the past five years. The respondent must provide references, including name, address and telephone number of a contact person for each project identified and described. Indicate commencement dates, duration and type of operation. Provide a list of all Municipal clients in Illinois. C. Area/Regional Manager(s) Clearly identify the professional staff person(s) who would be assigned as your Area/Regional Manager(s) and provide resumes. The proposal should indicate the abilities, qualifications and experience of these individuals. D. Fees Provide a copy of your fees/prices on the attached price/costs form (see page 19). E. Contract The City has attached its standard contract in Exhibit F (see page 29 Professional Services Agreement). Identify all exceptions to the agreement that would prevent your Firm from executing it. The City shall not consider or negotiate regarding exceptions submitted at any time after the submission of the Proposers response. 5.0 ADDITIONAL SUBMISSION REQUIREMENTS 5.1 Renewable Energy Description Certify in Exhibit G that the Renewable Energy Certificates (RECs), provided to meet the voluntary renewable component for Alternate 1, are from a renewable power generator in Illinois or a state that is adjacent to Illinois and are Green-e Certified. 5.2 Master Agreement Certify in Exhibit G that the ARES will execute the ELECTRICITY SUPPLY AGREEMENT provided in Exhibit F without modification. 6.0 M/W/D/EBE GOALS Not Applicable 7.0 EVALUATION CRITERIA 12 Revised 03-02-2023 The City will select the successful firm through an evaluation process based on the firm meeting the specifications which are outlined in this RFP. A review committee will review in detail all proposals that are received. During the evaluation process, the City may require a Proposers representative to answer questions with regard to the proposal and/or make a formal presentation to the review committee. The review committee will make a recommendation to award the contract based on the criteria set forth below. This contract will be forwarded to the City Council for final approval. The evaluation criteria listed below will be used in the selection of the successful Proposer. A. Qualifications and Expertise B. The total cost of the services to be provided that best meet the requirements of the City, in the sole discretion of the City. C. Cost of Renewable Energy Option in Alternate 1. D. Willingness to Execute the City of Electricity Services Agreement E. M/W/D/EBE Participation 8.0 SELECTION PROCESS The City will select a firm on the basis of the responsiveness of the proposal to the RFP submittal requirements, the evaluation criteria stated above and the demonstrated willingness to execute an acceptable written contract. The City reserves the right to reject any or all proposals, and to request written clarification of proposals and supporting materials from the Proposer. While it is the intent of the City to award a single firm, the City reserves the right to award in part or in whole and to select multiple firms and/or individuals, depending on whichever decision is deemed to be most advantageous to the City. Responses may be rejected if the firm fails to perform any of the following: A. Adhere to one or more of the provisions established in this Request for Proposal. B. Demonstrate competence, experience, and the ability to provide the services described in this Request for Proposal. C. Submit a response on or before the deadline and complete all required forms. D. To fulfill a request for an oral presentation. E. To respond to a written request for additional information. Discussions and/or interviews may be conducted with responsible firms that have submitted proposals in order to clarify certain elements. All proposals shall be afforded fair and equal treatment with respect to any opportunity for clarification. In conducting discussion, there shall be no disclosure of information derived from proposals submitted by competing firms. The selection shall be done by the Citys review committee and will be recommended to the City Council for final approval. 13 Revised 03-02-2023 If the City is unable to reach any sort of agreement with the selected firm, the City will discontinue negotiations with the selected firm and begin negotiations with the firm ranked second and so on until agreement is reached. The firm to be recommended to the City Council will be the one whose proposal is determined to be the most advantageous to the City in consideration of price and all other evaluation factors which are set forth in this Request for Proposal No other factors or criteria not listed in this RFP shall be used in the evaluation. 9.0 PROPOSED SCHEDULE The tentative schedule for this RFP and project process is as follows: 1. RFP issued ..................................................... October 19, 2023 2. Non-mandatory Pre-Proposal Conference..October 27, 2023 3. Last Day to submit questions ......................... October 31, 2023 4. Final Addendum Issued.................................. November 3, 2023 5. RFP Submission Due Date ............................ November 7, 2023 6. City Council Award of Contract ...................... December 11, 2023 7. Contract Effective ........................................... January 1, 2024 10.0 QUESTIONS REGARDING RFP All questions related to this RFP should be submitted in writing to John Gonzalez, Purchasing Specialist at purchasing@cityofevanston.org with a copy to Cara Pratt, Sustainability & Resilience Manager at cpratt@cityofevanston.org. 11.0 GENERAL TERMS AND CONDITIONS A. Confidentiality In connection with this Agreement, City may provide Consultant with information to enable Consultant to render the Services hereunder, or Consultant may develop confidential information for City. Consultant agrees (i) to treat, and to obligate Consultants employees to treat, as secret and confidential all such information whether or not identified by City as confidential, (ii) not to disclose any such information or make available any reports, recommendations and /or conclusions which Consultant may make for City to any person, firm or corporation or use the same in any manner whatsoever without first obtaining Citys written approval, and (iii) not to disclose to City any information obtained by Consultant on a confidential basis from any third party unless Consultant shall have first received written permission from such third party to disclose such information. Pursuant to the Illinois Freedom of Information Act, 5 ILCS 140/7(2), records in the possession of others whom the City has contracted with to perform a governmental function are covered by the Act and subject to disclosure within limited statutory timeframes (five (5) working days with a possible five (5) working day extension). Upon notification from the City that it has received a Freedom of Information Act request that calls for records within the Consultants control, the Consultant shall promptly provide all requested records to the City so that the City may comply with the request within the required timeframe. The City and the Consultant shall cooperate to determine what records are subject mailto:purchasing@cityofevanston.org mailto:cpratt@cityofevanston.org 14 Revised 03-02-2023 to such a request and whether or not any exemption to the disclosure of such records or part thereof is applicable. The Purchasing Specialist will endeavor to advise the firm of any request for the disclosure of the material so marked with TRADE SECRET, CONFIDENTIAL, or PROPRIETARY, and give the firm or other submitting party the opportunity to seek a court order to protect such materials from disclosure. If the requested material was submitted by a party other than the firm, then the firm shall be solely responsible for notifying the submitting party of the request. The Citys sole responsibility is to notify the firm of the request for disclosure, and the City shall not be liable for any damages resulting out of such disclosure, whether such disclosure is deemed required by law, by an order of court or administrative agency, or occurs through inadvertence, mistake, negligence on the part of the City or its officers, or employees. B. Withdrawal of Proposal Proposals may be withdrawn prior to the submittal deadline. Withdrawal may be attained by written request; however, no offer can be withdrawn within the ninety (90) day period which occurs after the time is set for closing. Proposers who withdraw their proposals prior to the designated date and time may still submit another proposal if done in accordance with the proper time frame. C. Exceptions to Specifications Exceptions to these specifications shall be listed and explained on a separate page titled Exceptions to Specifications, which shall be prepared by the Proposer. This page shall then be attached to these documents and submitted at the same time as the proposal. Each exception must refer to the page number and paragraph to which it is relevant. The nature and reasoning of each exception shall be explained in its entirety. Any exceptions to these specifications may be cause for rejection of the proposal. D. Hold Harmless Consultant shall defend, indemnify and hold harmless the City and its officers, elected and appointed officials, agents, and employees from any and all liability, losses, or damages as a result of claims, demands, suits, actions, or proceedings of any kind or nature, including but not limited to costs, and fees, including attorneys fees, judgments or settlements, resulting from or arising out of any negligent or willful act or omission on the part of the Consultant or Consultants sub-contractors, employees, agents or sub-contractors during the performance of this Agreement. Such indemnification shall not be limited by reason of the enumeration of any insurance coverage herein provided. This provision shall survive completion, expiration, or termination of this Agreement. Nothing contained herein shall be construed as prohibiting the City, or its officers, agents, or employees, from defending through the selection and use of their own agents, attorneys, and experts, any claims, actions or suits brought against them. The Consultant shall be liable for the costs, fees, and expenses incurred in the defense of any such claims, actions, or suits. Nothing herein shall be construed as a limitation or waiver of defenses available to the City and 15 Revised 03-02-2023 employees and agents, including but not limited to the Illinois Local Governmental and Governmental Employees Tort Immunity Act, 745 ILCS 10/1- 101 et seq. At the City Corporation Counsels option, Consultant must defend all suits brought upon all such Losses and must pay all costs and expenses incidental to them, but the City has the right, at its option, to participate, at its own cost, in the defense of any suit, without relieving Consultant of any of its obligations under this Agreement. Any settlement of any claim or suit related to this Agreement by Consultant must be made only with the prior written consent of the City Corporation Counsel, if the settlement requires any action on the part of the City. To the extent permissible by law, Consultant waives any limits to the amount of its obligations to indemnify, defend, or contribute to any sums due under any Losses, including any claim by any employee of Consultant that may be subject to the Illinois Workers Compensation Act, 820 ILCS 305/1 et seq. or any other related law or judicial decision, including but not limited to, Kotecki v. Cyclops Welding Corporation, 146 Ill. 2d 155 (1991). The City, however, does not waive any limitations it may have on its liability under the Illinois Workers Compensation Act, the Illinois Pension Code or any other statute. Consultant shall be responsible for any losses and costs to repair or remedy work performed under this Agreement resulting from or arising out of any act or omission, neglect, or misconduct in the performance of its Work or its sub- consultants work. Acceptance of the work by the City will not relieve the Consultant of the responsibility for subsequent correction of any such error, omissions and/or negligent acts or of its liability for loss or damage resulting therefrom. All provisions of this Section shall survive completion, expiration, or termination of this Agreement. E. Addenda Any and all changes to these documents are valid only if they are included via written addendum to all respondents. Each respondent should acknowledge receipt of any addenda by indicating same in their proposal submission. Each respondent acknowledging receipt of any addenda is responsible for the contents of the addenda and any changes to the proposal therein. Failure to acknowledge any addenda may cause the proposal to be rejected. Addenda information is available over the internet at City of Evanston Notices & Documents or www.demandstar.com, or by contacting the Purchasing Office, 847-866-2935. F. Term The contract is for 12-36 months. The City may terminate a contract for either cause or convenience. G. Non-Appropriation of Funds http://www.cityofevanston.org/business/notices-to-bidders-outstanding-bids/index.php http://www.cityofevanston.org/business/notices-to-bidders-outstanding-bids/index.php http://www.demandstar.com/ 16 Revised 03-02-2023 The City of Evanston reserves the right to terminate in whole or in part of the contract in the event that insufficient funds to complete the contract are appropriated by Evanston City Council. H. Property of the City All discoveries and documents produced as a result of any service or project undertaken on behalf of the City of Evanston shall become the property of the City. I. Payment Terms The consultant shall submit invoices detailing the services provided, project, professional staff, and hours. Payment shall be made in accordance with the Local Government Prompt Payment Act. Please note that failure to provide a detailed invoice could result in delay of payment and include termination of any agreement. J. Disclosures and Potential Conflicts of Interest The City of Evanstons Code of Ethics prohibits public officials or employees from performing or participating in an official act or action with regard to a transaction in which he has or knows he will thereafter acquire an interest for profit, without full public disclosure of such interest. This disclosure requirement extends to the spouse, children and grandchildren, and their spouses, parents and the parents of a spouse, and brothers and sisters and their spouses. To ensure full and fair consideration of all proposals, the City of Evanston requires all Proposers including owners or employees to investigate whether a potential or actual conflict of interest exists between the Proposer and the City of Evanston, its officials, and/or employees. If the Proposer discovers a potential or actual conflict of interest, the Proposer must disclose the conflict of interest in its proposal, identifying the name of the City of Evanston official or employee with whom the conflict may exist, the nature of the conflict of interest, and any other relevant information. The existence of a potential or actual conflict of interest does NOT, on its own, disqualify the disclosing Proposer from consideration. Information provided by Proposers in this regard will allow the City of Evanston to take appropriate measures to ensure the fairness of the proposal process. The City requires all Proposers to submit a certification, enclosed with this RFP, that the Proposer has conducted the appropriate investigation and disclosed all potential or actual conflicts of interest. K. Protests Any actual or prospective Proposer, who is aggrieved in connection with the solicitation or award of a contract, may protest to the Purchasing Office. The protest shall be submitted in writing within ten (10) calendar days after such aggrieved person knows or should have known of the facts giving rise thereto. The Proposer shall submit any protests or claims regarding this solicitation to the Purchasing Office. 17 Revised 03-02-2023 A pre-bid protest must be filed five (5) days before the bid opening or proposal submittal. A pre-award protest must be filed no later than ten (10) days after the bid opening date or proposal deadline. A post-award protest must be filed no later than ten (10) days after the award of the Contract. All claims by a Proposer against the City relating to a contract shall be submitted in writing to the Purchasing Specialist. The City will only consider protests that are properly and timely submitted. All protests or claims must set forth the name and address of the protester, the contract number, the grounds for the protest or claim, and the course of action that the protesting party desires the Purchasing Specialist to take. Statements shall be sworn and submitted under penalty of perjury. L. Authority To Resolve Protests And Contract Claims Protests: The Purchasing Specialist shall have the authority to consider and resolve a protest of an aggrieved Proposer, actual or prospective, concerning the solicitation or award of a contract. The City shall issue a written decision and that decision is final. Contract Claims: The Purchasing Specialist, after consulting with Corporation Counsel, shall have the authority to resolve contract claims, subject to the approval of the City Manager or City Council, as applicable, regarding any settlement that will result in a change order or contract modification. Each Proposer, by submitting a response to this RFP, expressly recognizes the limitations on its rights to protest provided in this Section and expressly waives all other rights and remedies and agrees that the decision on the protest is final and conclusive. If a Proposer disregards, disputes or does not follow the exclusive protest remedies provided in this Section, it shall indemnify and hold the City and its officers, employees, agents and consultants harmless from and against all liabilities, fees and costs, including legal and consultant fees and costs, and damages incurred or suffered as a result of such Proposers actions. Each Proposer, by submitting a response to this RFP, shall be deemed to have irrevocably and unconditionally agreed to this indemnity obligation. M. Litigation For purposes of this Section, the following terms are defined as follows: issue means any prior or pending litigation or investigation, either civil or criminal, or any governmental agency action or proceeding (the issue), which may affect the performance of the services to be rendered herein. For purposes of this Section, an issue shall also include any criminal, civil, or administrative penalty or finding imposed against any covered individual. An issue occurring within seven (7) years of the date preceding the date of the Proposers response shall be disclosed by the Proposer. 18 Revised 03-02-2023 covered individual means any principal, president, managing partner, or vice- president, affiliated in anyway with the Firm, and the Firms employees or sub- contractors. All proposers shall identify and describe with particularity any issue. The City, and not Proposer, has the sole discretion to determine whether an issue may affect the performance of the services. Failure of any Proposer to comply with this mandatory obligation shall, at the Citys sole discretion, result in the Proposers response being deemed non-responsive and not responsible. Failure of any Proposer to comply with the obligation specified herein may result in the voiding any subsequent contract award to Proposer if the City discovers upon the exercise of its customary due diligence that Proposer failed to comply with the mandatory obligation in this Section. The City reserves all rights to take any other actions in the case of a Proposers non-compliance with this Section. N. Sub-contractors If any firm submitting a proposal intends on sub-contracting out all or any portion of the engagement, that fact, and the name of the proposed sub-contracting firm(s) must be clearly disclosed in the proposal. Following the award of the contract, no additional sub-contracting will be allowed without the prior written consent of the City of Evanston. O. Contact with City Personnel All Proposers are prohibited from making any contact with the City Manager, City Council, or any other official or employee of the City with regard to the Project, other than in the manner and to the person(s) designated herein. The Purchasing Specialist reserves the right to disqualify any Proposer found to have contacted City Personnel in any manner with regard to the Project. Additionally, if it is determined that the contact with City Personnel was in violation of any provision of 720 ILCS 5/33EE, the matter may be referred to the Cook County States Attorney for review and prosecution. P. Costs Incurred The City of Evanston assumes no responsibility or liability for costs incurred by the Proposer prior to the execution of a contract. This includes costs incurred by the Proposer as a result of preparing a response to this RFP. 19 Revised 03-02-2023 ACTIONABLE PRICING FOR CITY OF EVANSTON RFP 23-45 Contract Term BASE PRICING PROPOSAL ALTERNATE 1 Supply ($/kWh) Losses ($/kWh) Capacity ($/kWh) Transmission & Ancillaries ($/kWh) Vendor Margin ($/kWh) Total Supply Charges ($ / kWh) RECs Illinois or Adjoining State ($ / kWh) Total w/ Renewable ($ / kWh) A B C D E F=A+B+C+D+E G H=F+G 12-Month Fixed December 2020 to read date in January, 2022 $ $ $ $ $ $ $ $ 24-Month Fixed December 2020 to read date in January 1, 2023 $ $ $ $ $ $ $ $ 36-Month Fixed December 2020 to read date in January 1, 2024 $ $ $ $ $ $ $ $ Supplier Name: Signature of Authorized Representative of Supplier: Typed Name of Authorized Representative: Date: 20 Revised 03-02-2023 Exhibit A DISCLOSURE OF OWNERSHIP INTERESTS The City of Evanston Code Section 1-18-1 et seq. requires all persons (APPLICANT) seeking to do business with the City to provide the following information with their proposal. Every question must be answered. If the question is not applicable, answer with "NA". APPLICANT NAME: ______________________________________ APPLICANT ADDRESS: ______________________________________ TELEPHONE NUMBER: ______________________________________ FAX NUMBER: ______________________________________ APPLICANT is (Check One) ( ) Corporation ( ) Partnership ( ) Sole Owner ( ) Association Other ( ) ________________________________________________________ Please answer the following questions on a separate attached sheet if necessary. SECTION I - CORPORATION 1a. Names and addresses of all Officers and Directors of Corporation. _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ 1b. (Answer only if corporation has 33 or more shareholders.) Names and addresses of all those shareholders owning shares equal to or in excess of 3% of the proportionate ownership interest and the percentage of shareholder interest. (Note: Corporations which submit S.E.C. form 10K may substitute that statement for the material required herein.) _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ 21 Revised 03-02-2023 1c. (Answer only if corporation has fewer than 33 shareholders.) Names and addresses of all shareholders and percentage of interest of each herein. (Note: Corporations which submit S.E.C. form 10K may substitute that statement for the material requested herein.) ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ SECTION 2 - PARTNERSHIP/ASSOCIATION/JOINT VENTURE 2a. The name, address, and percentage of interest of each partner whose interests therein, whether limited or general, is equal to or in excess of 3%. ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ 2b. Associations: The name and address of all officers, directors, and other members with 3% or greater interest. ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ SECTION 3 - TRUSTS 3a. Trust number and institution. ______________________________________________________________________ 3b. Name and address of trustee or estate administrator. ______________________________________________________________________ ______________________________________________________________________ 3c. Trust or estate beneficiaries: Name, address, and percentage of interest in total entity. ______________________________________________________________________ ______________________________________________________________________ 22 Revised 03-02-2023 SECTION 4 - ALL APPLICANTS - ADDITIONAL DISCLOSURE 4a. Specify which, if any, interests disclosed in Section 1, 2, or 3 are being held by an agent or nominee, and give the name and address of principal. ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ 4b. If any interest named in Section 1,2, or 3 is being held by a "holding" corporation or other "holding" entity not an individual, state the names and addresses of all parties holding more than a 3% interest in that "holding" corporation or entity as required in 1(a), 1(b), 1(c), 2(a), and 2(b). ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ 4c. If "constructive control" of any interest named in Sections 1,2, 3, or 4 is held by another party, give name and address of party with constructive control. ("Constructive control" refers to control established through voting trusts, proxies, or special terms of venture of partnership agreements.) ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ I have not withheld disclosure of any interest known to me. Information provided is accurate and current. ______________________ ______________________________________ Date Signature of Person Preparing Statement ______________________________________ Title ATTEST: ____________________________ Notary Public (Notary Seal) Commission Expires: _____________________ 23 Revised 03-02-2023 EXHIBIT B ADDITIONAL INFORMATION SHEET Proposal Name: _______________________________________________ Proposal Number #: _________________________________________________ Company Name: __________________________________________________ Contact Name: ___________________________________________________ Address: ________________________________________________________ City,State, Zip: ____________________________________________________ Telephone/FAX: #_________________________________________________ E-mail: __________________________________________________________ Comments: _____________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ 24 Revised 03-02-2023 Exhibit C CONFLICT OF INTEREST FORM ___________________________________________________, hereby certifies that it has conducted an investigation into whether an actual or potential conflict of interest exists between the bidder, its owners and employees and any official or employee of the City of Evanston. Proposer further certifies that it has disclosed any such actual or potential conflict of interest and acknowledges if bidder/Proposer has not disclosed any actual or potential conflict of interest, the City of Evanston may disqualify the bid/proposal. ______________________________________________________________________ (Name of Bidder/Proposer if the Bidder/Proposer is an Individual) (Name of Partner if the Bidder/Proposer is a Partnership) (Name of Officer if the Bidder/Proposer is a Corporation) The above statements must be subscribed and sworn to before a notary public. Subscribed and Sworn to this _____ day of ______________, 20 Notary Public Failure to complete and return this form may be considered sufficient reason for rejection of the bid / proposal. 25 Revised 03-02-2023 Exhibit D ACKNOWLEDGEMENT OF UNDERSTANDING THE SECTION BELOW MUST BE COMPLETED IN FULL AND SIGNED The undersigned hereby certifies that they have read and understand the contents of this solicitation and attached service agreements, and agree to furnish at the prices shown any or all of the items above, subject to all instructions, conditions, specifications and attachments hereto. Failure to have read all the provisions of this solicitation shall not be cause to alter any resulting contract or to accept any request for additional compensation. By signing this document, the Proposer hereby certifies that they are not barred from bidding on this contract as a result of bid rigging or bid rotating or any similar offense (720 ILCS S/33E-3, 33E-4). Authorized Signature: Company Name: Typed/Printed Name: Date: Title: Telephone Number: Email: Fax Number: 26 Revised 03-02-2023 Exhibit E ANTI-COLLUSION AFFIDAVIT AND PROPOSERS CERTIFICATION ______________________________________, being first duly sworn, deposes and says that he is ________________________________________ (Partner, Officer, Owner, Etc.) of ________________________________ (Proposer) The party making the foregoing proposal or bid, that such bid is genuine and not collusive, or sham; that said bidder has not colluded, conspired, connived or agreed, directly or indirectly, with any bidder or person, to put in a sham bid or to refrain from bidding, and has not in any manner, directly or indirectly, sought by agreement or collusion, or communication or conference with any person; to fix the bid price element of said bid, or of that of any other bidder, or to secure any advantage against any other bidder or any person interested in the proposed contract. The undersigned certifies that he is not barred from bidding on this contract as a result of a conviction for the violation of State laws prohibiting bid-rigging or bid-rotating. (Name of Bidder if the Bidder is an Individual) (Name of Partner if the Bidder is a Partnership) (Name of Officer if the Bidder is a Corporation) The above statements must be subscribed a sworn to before a notary public. Subscribed and Sworn to this ________ day of _____________________, 20 __________________________________________ Notary Public Commission Expires: ________________________ Failure to complete and return this form may be considered sufficient reason for rejection of the bid. 27 Revised 03-02-2023 Exhibit F Professional Services Agreement Acknowledgement Page The City has attached its standard professional services agreement as an exhibit to this RFP. Identify all exceptions to the agreement that would prevent your firm from executing it. The City shall not consider or negotiate regarding exceptions submitted at any time after the submission of the Proposers response. Please check one of the following statements: ____I have read the professional services agreement and plan on executing the agreement without any exceptions. My firm cannot execute the Citys standard professional service agreement unless the exceptions noted below or in the attached sample professional services agreement are made. ***Please be aware that submitting exceptions to the contract may impact the likelihood of your firm being selected to perform this work. List exceptions in the area below: _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________ Authorized Signature: Company Name: Typed/Printed Name and Title: Date: 28 Revised 03-02-2023 Exhibit F Consultant Certification and Verification I certify in accordance with the Professional Services Agreement, the agents, employees and subcontractors of [CONSULTANT FIRM] are in compliance and will comply with City work rules and policies applicable to City employees while they are on City property, including the Citys Workplace Harassment Policy; COVID-19 Vaccination Policy; and Sexual Harassment Policy. I further certify that the agents, employees and subcontractors of [CONSULTANT FIRM] are in compliance with OSHA emergency temporary standard to protect workers from coronavirus. CONSULTANT: By ________________________ Its: ________________________ FEIN Number: _______________ Date: _______________________ 29 Revised 03-02-2023 Exhibit F CITY OF EVANSTON ELECTRICITY SUPPLY AGREEMENT This Electricity Supply Agreement (Agreement) is entered into by and between the City of Evanston Illinois, an Illinois municipal corporation, with offices located at 2100 Ridge Avenue, Evanston, Illinois 60201 (Customer), and _________________________ (Supplier), a ____________ with offices located at ________________________. Customer and Supplier hereby agree as follows: I. COMMENCEMENT DATE Consultant shall commence the Services on January 1, 2024. II. COMPLETION DATE Consultant shall complete the Services by ____________. If this Agreement provides for renewals after an initial term, no renewal shall begin until agreed to in writing by both parties prior to the completion date of this Agreement. A. DEFINITIONS. Account Number means the number assigned to each of the Accounts by ComEd. Accounts means those ComEd account(s) set out in Attachment A to this Agreement. Affected Party means a party whose performance hereunder is prevented by an event of Force Majeure. City of anston Eva 30 Revised 03-02-2023 Affiliate of a Party means any person or entity controlled by, that controls, or that is under common control with, such Party. The term control (including the terms controlling, controlled by and under common control with) means the possession, directly or indirectly, of the power to direct or cause the direction of the management policies of a Party, whether through the ownership of voting securities, by contract, or otherwise. Ancillary Service Charges means for any billing period the applicable charges for ancillary services associated with the electricity delivered to Customer hereunder as set forth in, or incurred by Supplier under, the applicable tariffs and operating services agreements with PJM and/or ComEd. Alternative Pricing means a price or pricing structure that is not a fixed unit price for each kilowatt hour of electricity purchased pursuant to this Agreement. ComEd means the Commonwealth Edison Company which is the local electricity distribution company that owns the electric distribution system required for the delivery of electricity to the Account(s). ComEd Charges mean charges for delivery services and other ComEd costs, charges, and fees associated with Customers use of ComEds distribution system which charges may include, without limitation, meter rental and installation charges, distribution facilities charges, a customer charge, instrument funding charges, franchise fees, lighting charges, public programs, and decommissioning charges. ComEd Charges are a pass-through and may therefore change during the term of this Agreement. Delivery Point means existing and future points of interconnection between the PJM- controlled grid and ComEd's transmission system or distribution system. End Date means the applicable billing cycle date of ComEds monthly billing cycle for the month and year which occurs thirty-six (36) months after the Start Date. Force Majeure means an event that prevents a Party from performing its obligations hereunder, that is not within the reasonable control of the Party affected by such event (Affected Party), and that by the exercise of due diligence, the Affected Party is unable to overcome in a commercially reasonable manner. Force Majeure includes, but is not limited to, acts of God; fire; war; terrorism; flood; earthquake; civil disturbance; sabotage; facility failure; curtailment, disruption or interruption of distribution, transmission, or supply; declaration of emergency by ComEd or PJM; regulatory, administrative, or legislative action, or action or restraint by court order or governmental 31 Revised 03-02-2023 authority. Force Majeure does not include changes in the market for electricity that increase the cost to Supplier of obtaining the electricity necessary to perform Suppliers obligations hereunder or that allow Customer to obtain electric service at a cost lower than the cost to obtain such service from Supplier pursuant to this Agreement. Holdover Rate shall mean that rate set out in Attachment B hereto, which is payable hereunder by Customer for any electricity supplied to Customer by Supplier pursuant to this Agreement after expiration of the term of this Agreement. Holdover Term means that period of time after expiration of the term of this Agreement during which Supplier continues to supply electricity to Customer hereunder. Law means with respect to the subject matter of this Agreement, any applicable federal or Illinois law, rule, regulation, ordinance, statute, judicial decision, administrative order, ISO business practices or protocol, or ISO tariff, rule of any commission or agency having jurisdiction. Party means Customer or Supplier, as applicable. Parties means Customer and Supplier. PJM means the PJM Interconnection, LLC or other entity approved by the Federal Energy Regulatory Commission or a successor regulatory body that provides transmission service within ComEds service territory. Notice Period shall have the meaning set forth in this Agreement. Payment Date shall have the meaning set forth in this Agreement. Start Date means the first meter read that occurs on or after _________, 20 for which ComEd confirms enrollment. Supplier Fixed Price means the price for each kilowatt hour of electricity purchased pursuant to this Agreement. The Supplier Fixed Price includes any and all energy costs, Ancillary Service Charges and other ISO costs, Line Loss costs, transmission costs, Suppliers credit costs, margin, Renewable Portfolio Standards Costs; these costs shall not be a pass through to Customer and are not separate variable costs. Taxes means any tax levied against Supplier by any governmental entity, exclusive of Suppliers income tax or taxes levied on Suppliers real or personal property. Tradable Renewable Energy Certificates means certificates evidencing the purchase of the renewable attributes associated with the generation of renewable electric energy that meet or exceed the requirements of the GreenE Renewable Energy Certification 32 Revised 03-02-2023 Program administered by the Center for Resource Solutions. TRC Charges means of the number of kilowatt-hours equal to ___ percent of the total number of kilowatt-hour that Customer purchases from Supplier hereunder during the applicable billing period, multiplied by Suppliers price for Tradable Renewable Energy Certificates, which price is set out in Attachment B. B. ELECTRICITY SUPPLY. 1. Full Requirements Purchase. During the term of this Agreement, Supplier will supply and Customer will purchase Customer's full requirements for electricity for the Accounts listed in Attachment A, at the Supplier Fixed Price or Alternative Price set in Attachment B, plus applicable ComEd Charges, which will be passed through to Customer without margin or mark-up. 2. Tradable Renewable Energy Certificates. Supplier also will purchase on Customers behalf Tradable Renewable Certificates, in a quantity equal to ___ percent (__%) of the electric energy supplied to Customer under this Agreement each month during the term of this Agreement at the price for Tradable Renewable Energy Certificates set out in Attachment B. 3. Other Charges. Supplier also will provide services described in Attachment 3. 4. Delivery of Electricity. Supplier shall deliver electricity to Customer at the Delivery Point, and upon delivery, risk of loss and title shall transfer to Customer. 5. Variance in Customers Consumption of Electricity. Customer shall use reasonable efforts to notify Supplier of any expected material change in the volume or pattern of Customers consumption of electricity at least thirty (30) days in advance of any such material change. C. REQUIRED INFORMATION AND AUTHORIZATIONS. Customer shall designate Supplier to ComEd as an authorized recipient of Customers current and historical energy billing and usage data. Customer hereby authorizes Supplier to take such actions it deems necessary to enroll the Account(s) with ComEd as Accounts to be served by Supplier and otherwise to meet its obligations under this Agreement. Customer shall take any actions and execute any documents as Supplier shall reasonably request in this regard. Customer shall also provide to Supplier the following information: Customers ComEd account numbers and meter numbers, meter read data, rate class, electric usage, Customers formal legal name, addresses, telephone number, 33 Revised 03-02-2023 facsimile number, and other information reasonably requested by Supplier from time to time, including without limitation, facility descriptions, operation information, and other information concerning the Accounts. Customer shall promptly notify Supplier in writing of any changes in any information provided concerning the Accounts, including without limitation (i) any change to the name associated with any of the Accounts; and (ii) any change in the Account Number associated with any of the Accounts. D. PRICE, BILLING AND PAYMENT. 1. Price. Customer shall pay Supplier for each kilowatt-hour of electric energy delivered to Customer, at the price noted in Exhibit A plus the price for RECs noted in Exhibit A. Buyer shall also pay Supplier any additional amounts shown on each invoice for ComEd Charges. 2. Billing and Payment. Supplier shall, on a monthly basis, provide Customer with a single consolidated bill for all services provided under this Agreement to all of the Accounts for the immediately preceding billing period during the term of this Agreement and during any Holdover Term. Supplier will issue an invoice to Customer no later than ten (10) business days after the close of each monthly billing period. Customer shall make payments to the address specified in Attachment B or to such other address for payment specified in a notice to Customer from Supplier from time to time during the Term of this Agreement. Payment shall be made, and any late payments shall bear interest, pursuant to the provisions of the Illinois Local Government Prompt Payment Act [50 ILCS 505/1 et. seq.]. Supplier reserves the right to adjust its billing cycle from time to time, but no more frequently than once in any twelve-month period. Customer acknowledges that Suppliers ability to calculate the amount due from Customer is dependent on Suppliers receipt of certain information from ComEd or PJM. If Supplier does not receive such information in time to prepare Customers invoice, Supplier shall have the right to invoice Customer based on estimated meter readings or other estimated information. 3. Billing Disputes. Customer will be deemed to have waived any billing disputes unless presented to Supplier in writing within twenty-four (24) months of the date on which Customer receives Suppliers invoice. All other claims Customer may have related in any way to this Agreement or the products and services provided hereunder will be deemed waived if Customer fails to notify Supplier of such claims within twenty- four (24) months after termination or expiration of this Agreement. Supplier may adjust invoices for up to 24 months after the date such invoice was rendered. 4. ComEd Charges. To the extent that charges included on an invoice are for amounts payable to ComEd, Customer shall make such payments pursuant to the 34 Revised 03-02-2023 provisions of the Illinois Local Government Prompt Payment Act [50ILCS505/1 et seq.]. Customer shall have full responsibility for payment of any existing amounts owed to ComEd for service provided before the Start Date. To the extent that Customer fails to timely remit payment to Supplier, Supplier shall have the right to delay Suppliers payments that are due and owing to ComEd until Supplier receives payment from Customer. Customer acknowledges that its failure to timely remit payment to Supplier of amounts due and owing to ComEd may result in ComEd requesting that Customer provide a deposit and/or ComEds suspension of service to Customer. If Supplier fails to remit timely payment of amounts due and owing to ComEd, other than due to Customers failure to timely remit payment to Seller, then Supplier will indemnify and hold Customer harmless from all costs and losses associated with such failure. E. TERM. The term of this Agreement will commence upon execution of the Agreement by both Parties and, unless terminated earlier as otherwise provided in this Agreement, will continue thereafter for thirty-six (36) months from the Start Date on which Supplier begins service to the last of the Accounts or, if Supplier continues to supply electricity to Customer during a Holdover Term, until terminated by either Party upon thirty (30) days written notice to the other. With respect to each of the Accounts, the term of this Agreement shall commence on the Start Date(s) and end on the End Date(s), unless extended by the mutual written agreement of the Parties or as otherwise provided in this Agreement. Supplier will use commercially reasonable efforts to begin service to the Accounts on the Start Date(s), but if Supplier is unable to enroll one or more of the Accounts by such date as a result of circumstances beyond Suppliers control (including Customers failure to notify ComEd that it has selected Supplier as its supplier or any acts or omissions of ComEd), the Start Date(s) will occur on the next regularly scheduled ComEd meter read date in the month and year following successful enrollment of such Account(s). In such event, Supplier, in its discretion, will have the right, but not the obligation, upon written notice to Customer to extend the End Date to reflect the delay in the start of Suppliers supplying electricity to Customer. Any notice period in this Agreement to the contrary notwithstanding, if Customer terminates the Agreement in accordance with its terms, such termination shall become effective at the later of the applicable termination date or the next regularly scheduled meter read cycle date at which Supplier is able to return Customer to being served by ComEd or any alternative supplier elected by Customer. Nothing in this Agreement shall be deemed to require or otherwise obligate Supplier to offer to extend the term of this Agreement. F. CREDIT WORTHINESS. From time to time each Party will provide the other Party with reasonable information as requested to complete a credit review. If at any time a Party experiences any material adverse change in its financial condition which, in 35 Revised 03-02-2023 the reasonable opinion of the other Party, will materially adversely affect the first Partys ability to perform its obligations under this Agreement, or if Customer has made two (2) or more late payments, the other Party will have the right to require that the Party experiencing the material adverse change in its financial condition, or Customer if Customer has made two (2) or more late payments, post security or make other credit arrangements satisfactory to the Party in its reasonable discretion (which may include without limitation, making a cash deposit, posting a letter of credit at a financially sound bank or other financial institution guaranty, or prepaying Supplier for electricity supplied under this Agreement) or to increase or supplement security or other credit arrangements previously put in place, in any such circumstance to ensure prompt payment by each Party of amounts owed or otherwise payable under this Agreement. Each Party will provide the requested security or credit arrangements, including any increase thereof, within five (5) business days of the other Partys request. G. DEFAULT. 1. Events of Default. An "Event of Default" means any one of the following: (i) Customers failure to make, when due, any payment required under this Agreement if not paid within ten (10) business days after Customers receipt of notice from Supplier that payment was not made when due; or (ii) any representation or warranty in this Agreement made by a Party proves to have been false or misleading in any material respect when made or ceases to remain true in all material respects during the term of this Agreement, if not cured within five (5) business days after written notice from the other Party; or (iii) Pursuant to Section F of this Agreement, either Party fails to provide additional security or credit arrangements as provided in this Agreement; (iv) Supplier fails to take all steps necessary to ensure delivery of electricity to Customer, including without limitation failure to make when due any payment required in connection with the purchase by Supplier of electricity to be delivered to Customer; (v) except to the extent excused by Force Majeure, the failure by a Party to perform any material obligation set forth in this Agreement where, in circumstances such failure is curable, it is not cured within twenty (20) business days after receipt of written notice thereof; or (vi) a Party: (a) makes an assignment or any general arrangement for the benefit of creditors; (b) has a liquidator, administrator, receiver, trustee, conservator or similar official appointed for it or any substantial portion of its property or assets (c) files a petition or otherwise commences, authorizes or acquiesces in the commencement of a proceeding or cause of action under any bankruptcy or similar law for the protection of creditors, or has such petition filed against it and such petition is not withdrawn or dismissed for twenty (20) business days after such filing; (d) otherwise becomes bankrupt or insolvent (however evidenced); or (e) is unable to pay its debts as they fall due. 2. Remedies upon Default. If an Event of Default occurs with respect to a Party (the Defaulting Party), the other Party (the Non-Defaulting Party) may, in its 36 Revised 03-02-2023 discretion, at any time, terminate this Agreement in whole upon written notice to the Defaulting Party setting forth the effective date of termination (the Early Termination Date). If this Agreement is terminated, in whole or in part, pursuant to this Section, the Non-Defaulting Party will in good faith calculate a termination payment as set forth below, and the Defaulting Party shall pay such amount following receipt of notice of such amount as provided herein. The Parties acknowledge and agree that any termination payment under this Agreement constitutes a reasonable approximation of harm or loss, and is not a penalty or punitive in any respect. a.If Customer terminates this Agreement due to the default of Supplier, Supplier will pay Customer the following early termination payment: [Market Value plus Costs] minus Contract Value, only if the Market Value plus Costs is greater than the Contract Value. b.If Supplier terminates this Agreement due to the default of Customer, Customer will pay Supplier the following early termination payment: [Contract Value plus Costs] minus Market Value, only if the Contract Value plus Costs is greater than the Market Value. c.For purposes of this Section, Market Value means the amount, as reasonably determined by the Non-Defaulting Party as of the Early Termination Date that a bona fide third party would pay for the Remaining Anticipated Usage at current market prices. In determining Market Value, the Non-Defaulting Party may consider, among other things, quotations from leading suppliers in the wholesale energy industry, the Non- Defaulting Partys internally developed forward price valuations, and other bona fide offers from either third parties or Affiliates of the Non-Defaulting Party, all as commercially available to the Non-Defaulting Party and adjusted for the length of the remaining Term and differences in transmissions costs, volume, and other factors, as the Non-Defaulting Party reasonably determines. Costs mean brokerage fees, commissions and other similar transaction costs and expenses reasonably incurred by, or on behalf of, the Non-Defaulting Party in terminating, liquidating, or obtaining any arrangement pursuant to which it has hedged its obligations, and attorneys' fees, expenses and costs, if any, incurred in connection with enforcing its rights under this Agreement. Remaining Anticipated Usage means the amount of electricity (in kWh), as reasonably determined by the Non-Defaulting Party, that would have been used by each Account covered by the termination during the remaining term of this Agreement had it not been terminated early. H. CERTAIN RIGHTS AFTER TERMINATION OR EXPIRATION. After the End Date, service to the Accounts shall continue on a billing cycle-to-billing cycle basis (Holdover Term) at a variable market rate reasonably determined by Supplier unless (i) terminated by either Party giving 30 days written notice prior to the End Date, or (ii) Customer and Supplier agree to alternate Pricing as evidenced by a fully executed Amendment to this Agreement. This Agreement will continue to govern the provision of service during any Holdover Term. Either Party may terminate a Holdover Term at any 37 Revised 03-02-2023 time upon thirty (30) days advance written notice to the other or upon notice delivered pursuant to such other time period required by Law, whichever is longer. Any such termination shall be effective as of the next meter read cycle date with respect to each Account. If Supplier so requests, Customer will cooperate with Supplier in its efforts to cease providing service to Customer after termination or expiration of this Agreement, whether in whole or in part. I. CHANGE IN LAW. If a new Law is enacted or an existing Law amended during the Term, (including without limitation Laws or amendments to Laws that establish new, or otherwise modify existing, alternative resource adequacy requirements or renewable portfolio standards or that impose new Taxes or change the rate of existing Taxes), in either circumstance affecting approved rates, tariffs, Taxes, charges, fees, assessments, or other costs relating to the licensing, marketing, supply, generation, transmission or distribution of electric power and/or energy that adversely affects the anticipated economic return to Supplier under this Agreement, Supplier shall have the right to adjust upward the amounts payable by Customer under this Agreement to take account of such adverse economic consequences (a Change of Law Adjustment). Any such Change of Law Adjustment will be included in subsequent invoices to Customer. Supplier shall notify Customer as soon as reasonably possible of any Change of Law Adjustment and the cost associated therewith, together with a detailed explanation of the basis for such Change of Law Adjustment. J. REPRESENTATIONS AND WARRANTIES. Each Party warrants and represents to the other the following: (i) it is duly organized, validly operating and in good standing under the laws of the jurisdiction of its formation; (ii) it is authorized and qualified to do business in the jurisdictions necessary to perform under this Agreement; (iii) the execution, delivery and performance of this Agreement are duly authorized and do not violate any governing documents or any contracts to which it is a party or any laws, rules or regulations applicable to it, including without limitation laws or regulations concerning Sellers authorization to supply electricity at retail in the State of Illinois; and (iv) there is no material event(s) or other agreement(s) which would impair that Partys right, authority or ability to execute this Agreement and otherwise consummate the transactions contemplated by this Agreement. K. ADDITIONAL REPRESENTATIONS, WARRANTIES AND COVENANTS OF CUSTOMER. Customer warrants, represents and covenants that: (i) the data given and representations made concerning its Accounts are true and correct to Customers reasonable knowledge; and (ii) Customer is the party of record on the Accounts. L. FORCE MAJEURE. A Partys failure to perform its obligations, other than the 38 Revised 03-02-2023 obligation to make payments when due hereunder for electricity supplied to Customer by Supplier, as the result of an event of Force Majeure will be excused the duration of the event of Force Majeure, provided that: (i) to the extent reasonably possible, the Affected Party gives the other Party prompt written notice describing the particulars of the Force Majeure, including but not limited to, the nature and date of the occurrence and the expected duration of the Force Majeure; (ii) the suspension of performance is of no greater scope and of no longer duration than is required by the Force Majeure; and (iii) the Affected Party uses commercially reasonable efforts to remedy its inability to perform. If the event of Force Majeure continues for more than thirty (30) days, then the Party whose performance is not prevented by the event of Force Majeure will have the right to terminate this Agreement by written notice to the Affected Party delivered no less than fifteen (15) days before the termination date. M. INDEMNIFICATION 1. Supplier shall defend, indemnify and hold harmless the Customer and its officers, elected and appointed officials, agents, and employees from any and all liability, losses, or damages as a result of claims, demands, suits, actions, or proceedings of any kind or nature, including but not limited to costs, and fees, including attorneys fees, judgments or settlements, resulting from or arising out of any negligent or willful act or omission on the part of the Supplier or Suppliers subcontractors, employees, or agents during the performance of this Agreement. Such indemnification shall not be limited by reason of the enumeration of any insurance coverage herein provided. 2. Nothing contained herein shall be construed as prohibiting the City, or its officers, agents, or employees, from defending through the selection and use of their own agents, attorneys, and experts, any claims, actions or suits brought against them. The Supplier shall be liable for the costs, fees, and expenses incurred in the defense of any such claims, actions, or suits. Nothing herein shall be construed as a limitation or waiver of defenses available to the City and employees and agents, including but not limited to the Illinois Local Governmental and Governmental Employees Tort Immunity Act, 745 ILCS 10/1-101 et seq. 3. At the City of Evanston Corporation Counsels option, Supplier must defend all suits brought upon all such Losses and must pay all costs and expenses incidental to them, but the City has the right, at its option, to participate, at its own cost, in the defense of any suit, without relieving Supplier of any of its obligations under this Agreement. Any settlement of any claim or suit related to this Agreement by Supplier must be made only with the prior written consent of the City Corporation Counsel, if the settlement requires any action on the part of the Customer. To the extent permissible by law, Supplier waives any limits to the amount of its obligations to indemnify, defend, or contribute to any sums due under any Losses, including any claim by any employee of Supplier that may be subject to the Illinois Workers Compensation Act, 820 ILCS 305/1 et seq. or any 39 Revised 03-02-2023 other related law or judicial decision, including but not limited to, Kotecki v. Cyclops Welding Corporation, 146 Ill. 2d 155 (1991). The Customer, however, does not waive any limitations it may have on its liability under the Illinois Workers Compensation Act, the Illinois Pension Code or any other statute. 4. All provisions of this Section shall survive completion, expiration, or termination of this Agreement. N. INSURANCE. Supplier shall carry and maintain at its own cost and expense with such companies as are reasonably acceptable to Customer all necessary liability insurance (which shall include as a minimum the requirements set forth below) during the term of this Agreement, for damages caused or contributed to by Supplier, and insuring Supplier and Customer against claims which may arise out of or result from Suppliers performance or failure to perform the services under this Agreement. The Supplier must provide an insurance certificate naming the City of Evanston as an additional insured and will provide a variety of insurances including: Comprehensive general liability - $3 Million combined single limit for each occurrence for bodily injury and property damage designating Customer as an additional insured. Workers Compensation Statutory limits Automobile Liability - $1 Million per occurrence for all claims arising out of bodily injuries or death and property damage. Errors and omissions or professional liability insurance - $1 Million The surety and the insurance company must have not less than an A+ rating from the Alfred M. Best Co., Inc. and be approved by Customer. Suppliers certificate of insurance shall contain a provision that the coverage afforded under the policy(s) will not be canceled or reduced without thirty (30) days prior written notice (hand delivered or first class mail) to Customer. O. DELIVERY SERVICE. Customer acknowledges and agrees that ComEd is responsible for the electricity delivery system and interruptions in the deliver y of electric service and that Supplier exercises no independent control over ComEds facilities necessary for the delivery of electricity. Customer disclaims any and all right to damages from Supplier arising from any interruption in electric service caused in whole or in part by interruption, termination or deterioration of service on the ComEds system unless such interruption results from Suppliers failure to make payments to ComEd after receiving payment from Customer. Customer will be responsible for paying to Supplier, and Supplier will be responsible for paying to ComEd, all distribution charges payable to ComEd in connection with the delivery of electric service provided pursuant to this Agreement. 40 Revised 03-02-2023 P. SETOFF/NETTING. Supplier shall have the right to set-off and net against any amounts owed to it by Customer under this Agreement, including without limitation any early termination payment, any of the following amounts: (i) monies owed to Customer under this Agreement or under any other agreement between Supplier or any of Suppliers Affiliates, on the one hand, and Customer or any of Customers Affiliates and (ii) any collateral or other financial assurance provided by Customer to Supplier under this Agreement. Q. WAIVER AND SEVERABILITY. Failure to provide notice of, or object to, any default under this Agreement will not operate or be construed as a waiver of any future default, whether like or different in character. R. ASSIGNMENT. Supplier may assign, sell, pledge, transfer, or encumber any of its rights and obligations under this Agreement or the accounts, revenues, or proceeds hereof to: (i) a bank, insurer, or other financial institution; or (ii) an Affiliate or any person or entity (a) succeeding to all or substantially all of Suppliers assets or business or (b) into which Supplier is merged or otherwise combined or reorganized; provided (with respect to this clause), provided that (i) it gives Customer sixty (60) days written notice of its intent to do so; (ii) the assignee satisfies in full Customers credit requirements; and (iii) the assignee assumes in writing all of Suppliers obligations under this Agreement. Customer may assign any or all of its rights and obligations under this Agreement in their entirety or solely with respect to certain Accounts; provided (i) it gives Supplier sixty (60) days written notice of its intent to do so; (ii) the assignee satisfies in full Suppliers credit requirements; and (iii) the assignee assumes in writing all of Customers obligations under this Agreement. S. CONFIDENTIALITY. Customer agrees to keep all terms and provisions of this Agreement, including the pricing offered to Customer, confidential and not to disclose them to any third parties without the prior written consent of Supplier, except (i) as required by law, including, but not limited to, the Illinois Freedom of Information Act and the Illinois Open Meetings Act, or (ii) otherwise in accordance with Customers normal practice in providing copies of agreements to which Customer is a party upon request. Supplier will keep confidential all Customer identifying information and Account information that is not otherwise publicly available. Each Party shall have the right to disclose such information to its Affiliates and to its or to its Affiliates employees, agents, advisors, and independent contractors who have a need to know such information and who agree to hold such information in the strictest confidence. Supplier shall also have the right to disclose information respecting Customer, including this Agreement, to brokers, agents, consultants or other third parties that are representing Customer in the purchase of electricity. Furthermore, Supplier may make such other disclosures to third 41 Revised 03-02-2023 parties of information, including aggregate consumption data, provided the form of the information is such that Customers identity cannot reasonably be identified. T. CHOICE OF LAW; VENUE. This Agreement will be interpreted in accordance with the laws of the State of Illinois without giving effect to principles of conflicts of law. Any controversy or claim arising from or relating to this Agreement will be settled in accordance with the express terms of this Agreement by a court located in Cook County, Illinois, and each Party hereto waives any right to object to venue in this regard. Each party hereby irrevocably and unconditionally waives any right such party may have to a trial by jury or to initiate or become a party to any class action claims in respect of any action, suit or proceeding directly or indirectly arising out of or relating to this agreement or the transactions contemplated by this Agreement. U. NO THIRD PARTY BENEFICIARIES. This Agreement is for the sole and exclusive benefit of the Parties hereto, and no third party will have any rights under this Agreement whatsoever. V. NOTICES. To be effective, all notices must be in writing delivered by certified mail, return receipt requested, or by private courier, with a receipt provided, to the Parties at the following addresses: To Supplier: [TO BE INSERTED BY SUPPLIER] To Customer: Cara Pratt, Sustainability and Resilience Manager City of Evanston Morton Civic Center 2100 Ridge Avenue Evanston, Illinois 60201 with a copy to: Alexandra Ruggie, Interim Corporation Counsel City of Evanston Suite 4400, Civic Center 2100 Ridge Avenue Evanston, Illinois 60201 A Party may change its address by providing notice of such change in accordance herewith. Notices shall be deemed to have been delivered upon actual delivery as evidenced by the receipt provided by the U.S. Postal Service or private courier. 42 Revised 03-02-2023 W. ENTIRE AGREEMENT; SURVIVAL OF TERMS. This Agreement, including Attachments, which are hereby incorporated herein and made a part hereof, comprises the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior agreements and understandings and any transaction confirmations or similar Supplier form documents, whether written or oral, regarding such subject matter, and may not be contradicted by any prior or contemporaneous oral or written agreement. A facsimile copy of either Partys signature will be considered an original for all purposes under this Agreement, and each Party will provide its original signature upon request. This Agreement may not be amended except by a written amendment executed by both Parties. The applicable provisions of this Agreement will continue in effect after termination or expiration hereof to the extent necessary, including but not limited to providing for final billing, billing adjustments and payments, limitations of liability, the forum and manner of dispute resolution, and with respect to any indemnification obligations under this Agreement. The section headings used in this Agreement are for reference purposes only and will in no way affect the meaning of the provisions of this Agreement. X. RELATIONSHIP OF THE PARTIES. Supplier is an independent contractor under this Agreement. Except as otherwise explicitly provided in this Agreement, neither Party has the authority to execute documents that purport to bind the other, and nothing in this Agreement will be construed to constitute a joint venture, fiduciary relationship, partnership or other joint undertaking. IN WITNESS WHEREOF, the parties hereto have each approved and executed this Agreement on the day, month and year first above written. CONSULTANT: CITY OF EVANSTON 2100 RIDGE AVENUE EVANSTON, IL 60201 By: ________________________ By:________________________ Luke Stowe Its: ________________________ Its: City Manager FEIN Number: _______________ Date: _______________________ Date: _______________________ Approved as to form: By: Alexandra Ruggie Its: Interim Corporation Counsel Revision: April 2021 43 Revised 03-02-2023 EXHIBIT A Project Milestones and Deliverables (Part of Exhibit F) This EXHIBIT A to that certain Consulting Agreement dated _______ between the City of Evanston, 2100 Ridge Avenue, Evanston, Illinois, 60201(City) and _______________ (Consultant) sets forth the Commencement and Completion Date, Services, Fees, and Reimbursable Expenses as follows: I. COMMENCEMENT DATE: ____________________ II. COMPLETION DATE: ________________________ III. FEES: ACTIONABLE PRICING FOR CITY OF EVANSTON RFP 23-45 Contract Term BASE PRICING PROPOSAL ALTERNATE 1 Supply ($/kWh) Losses ($/kWh) Capacity ($/kWh) Transmission & Ancillaries ($/kWh) Vendor Margin ($/kWh) Total Supply Charges ($ / kWh) RECs Illinois or Adjoining State ($ / kWh) Total w/ Renewable ($ / kWh) A B C D E F=A+B+C+D+E G H=F+G 12-Month Fixed December 2020 to read date in January, 2022 $ $ $ $ $ $ $ $ 24-Month Fixed December 2020 to read date in January 1, 2023 $ $ $ $ $ $ $ $ 36-Month Fixed December 2020 to read date in January 1, 2024 $ $ $ $ $ $ $ $ Supplier Name: Signature of Authorized Representative of Supplier: Typed Name of Authorized Representative: Date: SERVICES/SCOPE OF WORK: As defined in RFP 23-52 and Consultants Response to Proposal Dated: ______________ 44 Revised 03-02-2023 EXHIBIT G ADDITIONAL SUBMITTAL REQUIREMENTS ADDITIONAL CONTRACT CERTIFICATIONS Alternate 1 - Green-e RECs Renewable Energy Option Illinois or Adjoining State Wind Power We certify that the Renewable Energy Certificates (RECs), provided to meet the voluntary renewable component for Alternate 1 are from a wind power generator in Illinois or a state that is adjacent to Illinois and are Green-e Certified. Supplier (signature) Master Agreement We certify that we will execute the ELECTRICITY SUPPLY AGREEMENT provided in Exhibit F without modification. Supplier (signature) Site Name Pricing Group ComEd Account Number Approximate annual usage (kWh) Other Large 0552103018 0 Evanston, IL 60201 293,205 Facility Large 0434104006 2020 Asbury-2 or 2100 Ridge Evanston, IL 60201 802,094 Facility Large 0506090008 2020 Asbury - 2 Evanston, IL 60201 1,058,093 Self Park Large 2522497009 525 Church St / Ns Chicago Evanston, IL 60201 405,049 Park Large 6327066013 1800 Maple Evanston, IL 60201 830,993 Street Garage Large 3110672031 821 Davis Evanston, IL 60201 1,176,851 HQ Large 0095706004 1454 Elmwood Ave. Evanston, IL 60201 1,121,704 Library Facility Large 0104686008 1703 Orrington Evanston, IL 60201 1,138,711 James Park Large 1603051020 300 Dodge Avenue Evanston, IL 60201 56,382 Jourdain Large 2447621009 1655 Foster Evanston, IL 60201 316,767 Levy Center Large 4758041015 300 Dodge Evanston, IL 60201 517,870 Community Large 5892081083 1701 Main St. Evanston, IL 60201 3,683,195 Standpipe Large 1606005039 640 Hartrey Evanston, IL 60201 86,646 Pumping Large 0228049072 555 Lincoln Evanston, IL 60201 13,474,877 Streetlighting Lighting 4183001036 0 Poplar WS Pole S LIVI Evanston, IL 60201 4,600 Parking Lot Lighting 8683168012 Evanston, IL 60201 800 Elliott Park Lighting 1529166097 Bike Path/ Lee Street Beach Restrooms Evanston, IL 60201 151,158 Foster Park Lighting 1539069176 1600 Foster Park Evanston, IL 60201 891 1817 Foster St Lighting 5232073045 1817 Foster St Evanston, IL 60201 11,649 Lighting 0435072085 Evanston, IL 60201 9,531 Streetlighting Lighting 0068082057 117 Asbury Ave Evanston, IL 60201 3,021,359 Street Lights Lighting 0745074015 1701 N Sheridan Evanston, IL 60201 18,969 Streetlighting Lighting 6708124007 Evanston, IL 60201 2,537 2020 Asbury Small 2354158000 2020 Asbury Evanston, IL 60201 4,340 700A Davis St Small 8344168161 700A Davis St Evanston, IL 60201 22,568 700B Davis Small 2378001133 700B Davis St Evanston, IL 60201 42,960 Rehab #6 Small 2193157061 631 Howard Evanston, IL 60201 2,449 Center Small 3453005021 2222 Oakton St Evanston, IL 60201 46,920 729 Howard Small 1998103068 729 Howard Evanston, IL 60201 8,559 Garage Small 1528044010 1236 Chicago Ave Evanston, IL 60201 12,988 Fire Station #3 Small 0307036040 1105 Central Evanston, IL 60201 151,200 Fire Facility Small 0095707001 1332 Emerson Evanston, IL 60201 136,440 Fire Station #2 Small 0261587008 702 Madison Evanston, IL 60201 182,100 Fire Station #4 Small 0261592009 1817 Washington Evanston, IL 60201 27,867 Fire Station #5 Small 0434043035 2830 Central Evanston, IL 60201 178,489 Library Facility Small 0095746008 2026 Central Evanston, IL 60201 1,271 Baker Park Small 3446794004 Keeney Street & Forest Avenue Evanston, IL 60201 3,853 Burnham Shores Beach Office Small 3278306007 ES Lakeshore 1S Dempster Evanston, IL 60201 14,677 Service Address JohnGonzalez Typewriter Attachment A Evanston Accounts and Annual Centennial Park / Lunt Park Small 3026496009 NS Church E Sheridan Rd / 1631 Sheridan Evanston, IL 60201 29,006 Clark St Beach/Cent pk Small 0729103048 1811 Sheridan Rd Evanston, IL 60201 Clark St Beach/Cent pk Small 2522625012 1811 Sheridan Road (3) Evanston, IL 60201 28,091 Dawes Park Small 3026807002 Greenwood Street & Sheridan Road Evanston, IL 60201 6,295 Firemans Park Small 3477160029 3100 Simpson Evanston, IL 60201 516 Fog Houses Small 2186470004 ES Sheridan Rd 1N Central Evanston, IL 60201 3,298 Ingraham Park Small 2354666007 2100 Wesley Avenue Evanston, IL 60201 288 Jensen Park Small 2186466000 2603 Sheridan Road Evanston, IL 60201 20,959 Leahy Park Small 2354367009 SS Lincoln 1W Ridge Evanston, IL 60201 5,130 Leahy Park Shelter Small 2354366002 1100 Lincoln St. 918 Lee Street Small 3278307004 1111 Lakeshore Boulevard Evanston, IL 60201 13,650 Light House Small 2186469001 Sheridan Road and Central Street Evanston, IL 60201 774 Lighthouse Park 1 Small 1598325002 2603 Sheridan Evanston, IL 60201 23,970 Lighthouse Park 1 Small 2186463009 2603 Sheridan Evanston, IL 60201 12,960 Megowen Park Small 8340132076 600 Hinman Evanston, IL 60201 665 Peter Jans /Chandler Park Small 2186261005 1032 Central Evanston, IL 60201 6,384 Ackerman Park Small 2867684000 SS Central Street Evanston, IL 60201 1,815 Brummel Park Small 2625093032 148 Elmwood Evanston, IL 60201 1,121 Elden Park Small 3201436001 720 Washington Street Evanston, IL 60201 2,069 Independence Park