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Home My WebLink About5.4 Results of RFP's to provide electricity for Village-owned Pumping and StreetlightingBoardDocs® Pro Page I of 2 Agenda Item Details Meeting Nov 07, 2018 - REGULAR MEETING OF THEM UT PROSPECT VILLAGE BOARD - 7:00 p.m. Category 5. CONSENT AGENDA Subject 5.4 Results of Request for Proposals to Provide Electricity for Village -owned Utility Pumping and Streetlighting. Access Public Type Information Public Content M1911FIFT M Public Works routinely purchases electricity for water, storm and sanitary sewer pumping, and for street lighting. Since the electricity market was de -regulated for commercial customers several years ago, the Village has been requesting pricing from electric resellers utilizing a request for proposals process. The last agreement was with Dynegy Energy and expires in December 2018. Currently, the Village pays a rate of 0.04317 cents per kWhr to Dynegy Energy for water and sewer pumping as well as street lighting electricity needs. The Village presently uses approximately 1,700,000 kWhrs per year or approximately $75,000 per year for electricity (without local distribution charges). In anticipation of the upcoming expiration, and recognizing an upward trend in the electricity rate forecast, staff requested prict proposals from electricity suppliers for a new contract that begins in December. Staff requested pricing for 1, 2f 3f 4, and 5 -year terms. A copy of the request for proposals is attached. Price proposals were solicited from five (5) electricity suppliers. Proposals were due at noon on October 23, 2018. All five (511 suppliers submitted price proposals. The results are summarized below: Term Expiring Supplier ($ per kWhr) MC 2- Energy Constellation Dynegy (Ameren) Direct Energy MidAmerican Energy 1 -yea r Dec -19 0.03948 0.03851 0.04000 0.03903 0.04303 2 -year Dec -20 0.03849 0.03757 0.03981 0.03792 0.04185 3 -year Dec -21 0.03795 0.03705 0.03942 0.03723 0.04108 4 -year Dec -22 0.03761 0.03664 0.03909 0.03678 No bid -yea r , Dec -23 No Bid 0.03634 No bid no bid No Bid The above figures are all -in, fixed rates expressed in dollars per kilowatt hour (kWhr). In addition to the above rates, Commonwealth Edison will charge additional fees for delivery services to cover local distribution costs. The lowest cost pricing is from Constellation NewEnergy (Constellation), a Commonwealth Edison subsidiary, for a five (5) yea term. A copy of Constellation's proposal is attached. I The proposed rate is lower than the existing rate paid for utility pumping and streetlighting. Currently, the Village pay 4.317 cents per kWhr for pumping and streetlighting electricity. Constellation's proposed rate, 3.634 cents per kWhr, suggest a 0.446 cents per kWhr savings (approximately $11,000 per year at current consumption rate). This is the lowest rate fo utility pumping and streetlighting electricity received during the last 10 years. I https://www.boarddocs.com/il/vomp/Board.nsf/Public 11/8/2018 BoardDocs® Pro Page 2 of 2 In addition, the current rates for electricity in the wholesale market are the among the lowest experienced since the deregulation of the commercial market in 2006 (see attached graph). Due to the volatile nature of the electricity futures market, most price tenders are only valid for a short period of time. In this instance, Constellation NewEnergy's offer stipulated same-day acceptance. To provide a mechanism for managing this market idiosyncrasy, the Village Board adopted a resolution in May 2010 authorizing the Village Manager to enter into contractual arrangements to supply electrical energy for the Village's municipal operations (Resolution No. 25-10). Pursuant to the provisions of this resolution, the Village Manager executed this agreement on October 23 2018. Copies of Resolution 25-10, as well as Constellation's executed contract, are attached. 1. This transmittal is for informational purposes only. No action is required of the Village Board. 2. Action at discretion of Village Board. 2510-pdf (49 KB) ResolUti&r MOUNFF PROSPEC-F RF.P - OC -F 23 201.8 (002).pdf (1,044 KB) VIII....L.AGE 01: jr CONFFRAC-F CLYF (541. KB) Wholesale Electric Ohart - Oct., 30 201.8.pdf (11.5 KB) ............. . . . ....... HN 1-RICI-FY RFP.pdf (417 KB) EL.EC Administrative Content Executive Content https://www.boarddocs.com/il/vomp/Board.nsf/Public 11/8/2018 RESOLUTION NO. 25-10 A RESOLUTION AUTHORIZING THE VILLAGE MANAGER TO ENTER INTO ONE OR SEVERAL CONTRACTUAL AGREEMENTS TO SUPPLY ELECTICAL ENERGY TO THE VILLAGE FOR ANY PURPOSE RELATING TO MUNICIPAL SERVICES WHEREAS, the electrical energy supply market has been deregulated in the State of Illinois; and WHEREAS, under the aforementioned deregulation, Commonwealth Edison no longer generates electricity for its customers, but continues to provide electric power through its distribution system; and WHEREAS, the Village of Mount Prospect is now permitted to secure electrical energy from multiple supply sources; and WHEREAS, the Mayor and Board of Trustees have determined that it is in the best interests of the Village of Mount Prospect to enter into one or several contractual agreements to supply electrical energy for any purposes related to the Village's municipal operations through a competitive bidding process conducted by the Village or NIMEC. NOW THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS, ACTING PURSUANT TO ITS HOME RULE POWERS: SECTION 1: The Village Manager is authorized, at such times as it is in the best interests of the Village, and based upon competitive bids, to enter into one or several agreements for the supply of electrical energy for any purpose related to the Village's municipal operations. The Village Manager shall report each such agreement to the Village Board at the next meeting after entry into the Agreement. SECTION 2: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. AYES: Hoefert, Juracek, Korn, Matuszak, Polit, Zadel NAYS: None ABSENT: None PASSED and APPROVED this 18th day of May, 2010. PROPOSAL SHEET for Mount Prospect, Illinois 60056 SUPPLIER: Constellation CONTACT: Mark Beci EMAIL: mbeci@midwestgngmync= TELEPHONE: 630-887-8881 Term #11: A 12 -month term commencing with December 2015 CornEd meter read date for Exhibits A, B and C expiring with the December 2019 CornEd read date. What is your price for each of the following? Does your contract Does your Does your contract have a collar or Contract have a allow for a change Item $/kWh bandwidth? material change in pricing if the clause? Capacity PLC or Transmission PLC Yes or No, Yes or No Yes or No Supply 0.03175 Included in Losses supply Ancillaries & PJIVI Included in ISO Charges RTO Included in Capacity RTO Transmission Included in RTO No No No Renewable P,ortfol'o Standard Included in supply RTO (Regional Transmission lOrganization 'Charges - Includes 0.00676 Ancillaries, Capacity, and Transmission) Total of Above 0.03851 PROPOSAL SHEET for Mount Prospect, Illinois 60056 SUPPLIER: Constellation CONTACT: Mark Becii EMAIL: r-nbeci@in�dwestenergyinc.com Term #2: A 24 -month term commencing with December 2018 Com Ed meter read date for. Exhibits A, B and C expiring with the December 2020 Cam Ed read date. What is your price for each of the following? Does your contract Does your Does your contract have a collar or Contract have a allow for a change Item $/kWh bandwidth? material change in pricing if the clause? Capacity PLC or Transmission PLC Yes or No Yes or No Yes or No Supply 0.03078 Losses Included in Supply Ancillaries & PJIVI Included in ISO Charges RTO Capacity Included in RTO Transmission Included in RTO No No No Renewable Portfolio Standard Included in Ll 12 a Im RTO (Regional Transmission Organization Charges - Includes 0.00679 Ancillaries, Capacity, and Transmission) Total of Above 0.03757 PROPOSAL SHEET for Mount Prospect, Illinois 60056 SUPPLIER: Constellation CONTACT: Mark Beci EMAIL: mbeciP_midwestenerqybg..corn Term #3: A 36 -month term commencing with December 2018,ComEd meter read date for Exhibits A, B and C expiring December 2021 ComEd read date. What is your price for each of the following? Does your contract Does your Does your contract have a collar or Contract have a allow for a change Item $IkWh bandwidth? material change in pricing if the clause? Capacity. PLC or Transmission PLC Yes or No Yes or No Yes or No Supply 0.03022 Losses Included in Supply Ancillaries & PJM Included in ISO Charges RTO Capacity Included in RTO Transmission Included inRTO No No No Renewable Pgrtfolig Standard Included in Suonly RTO (Regional Transmission Organization Charges - Includes 0.00683 Ancillaries, Capacity, and Transmission) Total of Above 0.03705 PROPOSAL SHEET for Mount Prospect, Illinois 60056 SUIPPLIER: Constellation CONTACT: Mark Bed EMAIL: nibeci@rnidwestqngfgy!D�q= Term #4: A 48 -month term commencing with December 2018 ComEd meter read date for Exhibits A, B and C expiring December 2022 ComEd read date. What is your price for each of the following? Does your contract Does your Does your contract have a collar or Contract have a allow for a change Item $,IkWh bandwidth? material change in pricing if the clause? Capacity PLC or Transmission PLC Yes or No Yes or No Yes or No Supply 0.02981 Included in Losses Supply Ancillaries & PJM Included in ISO Charges RTO Included in Capacity RTO Transmission, Included in RTO No No No Renewable Urtfok Standard Included in Supply RTO (Regional 0.00683 Transmission Organization Charges - Includes Ancillaries, Capacity, and Transmission) Total of Above 0.03664 PROPOSAL SHEET for Mount Prospect, Illinois 60056 SUPPLIER: Constellation CONTACT: Mark Beci EMAIL: mbeci@niidwestenergvi,nc.coin, Term #5: A 60 -month term commencing with December 2018 ComEd meter read date for Exhibits A, B and C expiring December 2023 ComEd read date. What is your price for each, of the following? Does your contract Does your Does your contract have a collar or Contract have a allow for a change Item $IkWh bandwidth? material change in pricing if the clause? Capacity PLC or Transmission PLC Yes or No Yes or No Yes or No Supply 0.02952 Included in Losses supply Ancillaries; & PJM Included in ISO Charges RTO Capacity Included in RTO Transmission Included in RTO No No No Renewable Included in Poilfollo Standard RTO (Regional supoly Transmission Organization Charges - Includes 0.00682 Ancillaries, Capacity, and Transmission) Total of Above 0.03634 10/23/2018 TUB 16:30 FAX Constellation, Ari I x?+jn Curitlliiny Constellation NewEnergy, Inc. Electricity Supply Agreement — Fixed Price Solutions VILLAGE OF (MOUNT PROSPECT ("Customer') AND Constellation NewEnergy, Inc. ("Seller") AGREE AS FOLLOWS: U001/010 Agreement is Not Valid Unless Executed by Seller Defined Terms. Capitalized terms have the meanings set out in this Elect city Supply Agreement, including the atached General Terms and Conditions ("Agreement'), generally the words "you" and "your" refer to the Customer listed above and the words "we" and "us" refer to Sellar, unless the conlext dearly requires otherwise. Purchase and Sale of Electricity. You will purchase and receive, and we will sell and supply all ofyour electricity requirements at the prices set forth below far each account identified In the Account Schedule below ("Account'). By signing this Agreement you authorize us to enroll each Account with your UDC so that we can supply those Account(s). You will take such actions as we request to allow us to enroll each Account in a tmely manner. You agree that we may select such sources of energy as we deem appropriate to meet our obligations under oris Agreement We will enroll each Account with the applicable UDC as being supplied by us and will take such other actons with the applicable UDC and 150 necessary for us th meet our obligations under this Agreement The spectic prices for each Account are set forth in the Account Schedule, below. You are also responsible to pay (1) Taxes - which we will pass through b you on your bill or as part of the price of elecVdty, as may be required by law, rule or regulation and (2) UDC charges far delivery/distribution services If we provide you a single bill that includes UDC charges, We will apply all appropriate Taxes unless and until you provide a valid certification of tax exempt status. Your prices are fixed for the existing term of this Agreement and only subject to change 9 there is a change in law, as described In Section 5 of the General Terms and Conditions below. The UDC charges (if any) and Taxes are charged ID you as a "pass-through," which means they will change during the existing term of this Agreement if and as the related charges assessed or charged vary for any reason, including but not limited In the types of changes described above. Cost Components. For each of the Items listed as "Fixed" below, this means the item is included in your contact prices as set forth In the Account Schedule, For each of the items listed as "Passed Through" below, this means that you will be charged the costs associated with the line item in accordance with the definitions of each item in Section 1 Definitions of the General Terms and Conditions. Energy Casts Fixed Ancillary Services And Other 150 Costs Fixed Auclon Revenue Rights Credits Fixed Capadly Costs Fixed Transmission Costs I Fixed Transmission loss Credits Fixed Line loss Costs Fixed FERC Order 745 Costs Fixed Balancing Congestion Costs Fixed Transmission Reallocation Costs Fixed The contact prices contained in the Account Schedule include credit costs and margin as well as Renewable Portfollo Standards Costs to be collected by Seller (50% commencing June 1, 2017, 25% commencing June 1, 2016, and 0% commencing June 1, 2099, to the extent such years overlap,w ith the term of this Agreement), The Future Energy Jobs Bill (Illinois Public Act 0990906) ordered the UDC, effective June 1, 2017, to begin collecting the remaining portions of the Renewable Portfolio Standards Costs, Any applicable RMR Costs are also included in the contract prices, Selecting Transmission Costs as "Fixed" hneans that these costs are Included in your contract price and are not subject to change unless there has been a Change in Law pursuant to Seclion 5 of the General Terms and Conditions below. For clarity, we will not pass through any future changes in Transmission Costs based on the UDC's regular adjustments to Network Transmission Service and Transmission Enhancement rates. Retail Trade Transactions. At any time during the term of this Agreement, you may request the purchase of renewable energy certificates In an amount equal to a prescribed percentage of your load volume by entering into one or more Retail Trade Transaclions (" {PTTs") between us. If we balh agree to the 02016 Constellation Energy Resources, LLC Allrighis reserved. FOR INTERNAL USE ONLY Errors and omissions excepted. Sid, Short Farrn_v.2010 Rev Nov -012017 () Sales Rep, Anthony A Wlthxk 6243902,3644.0 Printed: 10/20/2019 Page -1 - of 10 PAGE 1/10' RCVS AT 10/23/2018 5:27:13 PM [Eastern Daylight Time] " SVR:RFD-OMF-1019 I DNIS:3345 " CSID: "ANI:18472539377 " DURATION (mm-ss):04.25 10/23/2018 TUB 16!31 FAX (002/010 pricing and terms of the renewable energy certifcabs purchase, a separate RTT Confirmation signed by both of us will document each such purchase and be Incorporated herein, Term. This Agreement will become effective and binding after you have signed this Agreement and we have counter -signed. SUbject to successful enrollment of your Account(s), this Agreement shall commence on or about the dab set firth under "Start Bats", and and on or about th e dale set forth under "End Data", unless extended on a holdover basis as described in this Agreement. The actual Siert Dale is dependent on the UDC successfully enrolling the Accoungs) and furnishing us with all necessary information regarding the Account(s) meter read cycle and meter read date(s). The dates set forth In the Account Schedule below reflect UDC information available at that time or as otherwise estimated by us. The actual meter read dabs may occur on or about the dales set forth herein. We will use commercially reasonable efforts to begin service to each Accounts) on the actual meter read date on, or about the Start Date set forth herein. If we are unable to timely enroll an Account the Start Data will commence on the next regularly scheduled UDC meter read cycle date following successful enrollment The End Dale will remain the same unless extended for a holdover perm. We shall not be liable for any failure to enroll or drop an Account by the Start and End Dab due lo circumstances beyond our, control. We will not be responsible for any gaps In service that may occur between the termination of your service from a prior supplier and the commencement of supply from us. Nothing in this Agreement shall be deemed to require or otherwise obligate ,us to offer to extend the term of this Agreement. If following termination or expiration of this Agreement (whether in whole or In part), for any reason, some or all of the Accounts remain designated by the UDC as being supplied by us, we may continue tp serve such Accounts) on a month -b -month holdover basis. During such holdover term, we will calculate yourinvoice as follows: (Each AccounFs metered usage, as adjusted by the applicable line loss factor) times (the iSO-published Day Ahead Locational Based Marginal Price for the applicable residual zone ("LMP") + $.0180001kM) + (a pass through of all cost, and charges Incurred for the retail delivery of energy to you) + Taxes. This Agreement will continue to govern the service of such Accounts during such holdover term. Either party may terminale the holdover term at any time within Its discretion at which time we will drop each Account as of the next possible meter read date la the then applicable tariff service, whether default service or otherwise. Your Invoice. Your Invoice will contain all charges applicable to youreleclrldly usage, including Taxes (which are passed through to you). If you have elected ID receive a single bill from us for one or more of the Accounts) served hereunder, we will Invoice you for all UDC Charges and related Taxes for those Accounl(s) ("Seller Consolidated Billing"). If you have elected b receive a single bill from the UDCfar one ormore of the Accounts) served hereunder, the UDC will invoice you for all of our charges and all UDC Charges and related Taxes far those Aocounl(s) ("UDC Consolldatad Billing"). Otherwise, we will invoice you far all our charges and the UDC will invoice you for all UDC Charges and related Taxes for those Accoungs) which we refer to as "Dual Billing," Initially all your Accounts) will be billed as follows, which may change based on yourAecounts) eligibility: Seller Consolidated Billing. All amounts charged are due in full within forty-five (45) days of the invoice date, and we reserve the right to adjust amounts previously Invoiced based upon supplemental or additional data we may receive from your UDC. Your invoices will be based on actual data provided by the UDC, provided that If we do not receive actual data In a Only manner, we will make a good faith estimate using your histcrical usage data and other informalion. Once we receive actual data we will reconcile the estimated charges and adjust them as needed in subsequent invoices. If you fail to make payment by the due date, interest will accrue daily on outstanding amounts from the due date until the bill is paid in full at a ratio of 1.50% per month, or the highest rate permitted by law, whichever is less; and we may withhold any payments due Io the UDC until we receive such payments. All invoices (including adjustments to those Invoices) are Conclusively presumed Anal and accurate unless such invoices are objected to by either you or us in writing, including adequate explanation and/or dacumentation, within 24 months aber the data such Invoice was rendered, provided however, we may reblll based on post -period audile or adjustments made by the ISO, UDC, or other governmental authority, commission or agency wilh jurisdiction in the stats in which the Account are located. Certain Warranties. You warrant and represent that for Accounts) located In the Slate of Illinois, your aggregate consumption and usage during any 12 month period Is greater than 15,000 kilowatt-hours and that the electricity supplied under this Agreement Is not for use at a residence. Notices, All notices will be In writing and delivered by hand, certified mail, return receipt requested, or by first class mail, or by express carrier to our respective business addresses. Our business address is 1221 Lamar St Suite 750, Houston, TX 77010, Attn: Contracts Administration. Either of us can change our address by notice b the other pursuant to this paragraph, Customer Service, For questions about your invoice or our services, contact us at our Customer Service Department by calling loll -free 844-636-3749, or by e-mail at CusbrnerCare@ConstUadon.com. Authorization. You authorize the UDC to provide us with your historical and future energy billing and usage date (which includes your electricity usage levels for distinct time periods as short as 30 minutes, ba the extent that this .Information has been recorded and retained by the UDC). This authorization i5 for purposes of the development and provision of current and future products or services In connection with the services contemplated in this Agreement, and will remain in eibet during the entire term of this Agreement including any renewal, unless you rescind the authorization upon written notice to us or by calling us at 1-B88-635-0827. We reserve the right to cancel this Agreemenl in the event you rescind Ole authorization. IN THE EVENT OF AN EMERGENCY, POWER OUTAGE OR WIRES AND EQUIPMENT SERVICE NEEDS, CONTACT YOUR APPLICABLE UDC AT: FOR INTERNAL USE ONLY 0201E ConsWiation Energy Resources, LLC Alldghts reserved. Errors and omissions excepted, Std. Short Forrn_v,2010 Rev Nov -01-2017 () Sales Rep: Anthony A WiUubck 6243802.3644,0 Printed: 10/2312018 Page -2 -of 10 PAGE 2/10' RCVS AT 10/23/2018 5:27:13 PM [Eastern Daylight Time] " SVR:RFD-OMF-1019 "' DNIS:3345 " CSID: "ANI:18472539377 " DURATION (mm-ss):04.25 10/23/2018 TUB 16:31 FAX [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK.] FOR INTERNAL USE ONLY X12018 Constellelon Energy Resources, LLC A[Idghts reserved. Errors and omissions excepted, Sid. Short Fprm_v,2010 Rev Nov -01-2017 (] Sales Rep: Anthony A VO rock 6243802,3644.0 Printed: 10/2312018 PAGE 3/10' RCVS AT 10/23/2018 5:27:13 PM [Eastern Daylight Time] " SVR:RFD-OMF-1019 "' DNIS:3345 " CSID: "ANI:18472539377 " DURATION (mm-ss):04.25 U003/010 Page -3 -of 10 10/23/2018 TUB 16:32 FAX Each party has caused this Agreement to beexecuted by Its authorized representative on the respective dateswritten below. Constellation NewEnergy, Inc. a Signallre: 2018-10-23 Nancy H. Fischer 16:55-05:00 Printed Name: Vice President- Retail Ops TK Address: 1221 Lamar St Sulle 750 Houston, TX 77010 Ain: Contracts Administralion Fax: 888.829.8736 Phone: 844.636-3749 Customer: Village of Mount Prospect Signature: olPrinted Name: N441�" ' ' Title: UGI. -(-A r Dab: Address: 60 S EMERSON ST MOUNT PROSPECT, I1-60056-3266 Fax: Phone: Email: @2018 Constellabon Energy Resources, LLC All lights reserved, FOR INTERNAL USE ONLY Errors and omissions excepted, Sid. Short Farm v.2010 Rev Nov -01-2017 () Sales Rep: Ardhony A Witrock 6243802.3644,0 Printed: 10123/2018 PAGE 4/10' RCVS AT 10/23/2018 5:27:13 PM [Eastern Daylight Time] " SVR:RFD-OMF-1019 "' DNIS:3345 " CSID: "ANI:18472539377 " DURATION (mm-ss):04.25 U004/010 Page -4 -of 10 10/23/2018 TUB 16:32 FAX (005/010 General Terms and Conditions "Renewable Portfolio Standards Costs" means the costs associated with meeting renewable portbilo standards costs at the levels required by currently 1. Definitions, applicable Law. If Renewable Parlfolio Standards Costs are not included In "Ancillary Services And Other iSO Costs" means for any billing period the the cantract price, such costs for a parlicular month will be the product of (i) applicable charges regarding ancillary services as set forth in the applicable the Monthly RPS Price; and (11) an Accounts monthly kWh usage. The ISO Open Access Transmission Tariff ("OATT") and for other 190 costs not Monthly RPS Price is the price of renewable portfolio standards compliance otherwise Included in any of the defined cost Components in this Agreement for the Account, for a particular month, fixed by reference b the renewable We will reasonably determine your Accounts monthly Ancillary Services And portfolio standards forward price curve for the stab where the Account is Other 190 Costa based an the Accounts $/kWh share of costs thr Ancillary located. Services And Other 150 Costs or otherwise reasonable allocation method as "RMR Costs" or "Reliability. Must -Run Costs" means the generation we may determine from time to time based on how Ancillary Services And deactivation charges and other such charges, if any, Imposed by the ISO on Other 190 Costs are assessed by the 150. "Auction load served In a particular load zone to recover the cost for any generation Revenue Rights Credits" means revenue credits resulting from the units that plan to retire but are required by the 150 to run for reliability annual financial transmission rights auction conducted by the 150 that are purposes beyond their intended retirement dab, In accordance with the applicable with respect to transmission peak load contribution. If Auction applicable ISO rules and GATT provisions. Revenue Rights Credits are "Passed Through", such credits shall be "Taxes" means all federal, stale, municipal and local taxes, duties, fees, reasonably calculated by us as the monthly product of the (i) total Auction levies, premiums or other charges imposed by any governmental authority, Revenue Rights Credits expressed in dollars per planning year fur the directly or Indirectly, on or with respect b the electricity and related products applicable zone, as published by the 130; divided by (ii) the total Network and services provided under this Agreement, including any taxes enacted Service Peak Load for such zone, as published by the ISO; divided by (iii) the ater the date we entered into this Agreement, number of days In the applicable planning year; multiplied by (iv) by an "Transmission Costs" means the charge for Network Transmission Service Account's applicable Network Service Peak Load; multiplied by (v) the number and Transmission Enhancement Charges, each as identified in the applicable of days in the billing period or such other reasonable Calculation method GATT Tariff for the provision of transmission service by the 150 within the applied by us. "Balancing UDC's service territory, and expressly excluding costs separately detailed as Congestion Costs" means any costs or charges imposed by the Transnrisslon Reallocation Costs as delined below. ISO in complying with lie Federal Energy Regulatory Commission's Order on "Transmission Loss Credits" means the credit amounts applicable b the Rehearing and Compliance regarding Docket Nos. EL16-6-002, EL16-6-003 Accounts under the ISO's marginal lass construct and ER16-121-001 (January 31, 2017), "Capacity "Transmission Reallocation Costs" means a charge or credit, as applicable, coats" means a charge far tblfiging the capacity requirements for Imposed by the ISO specifically for: (1) the Current Recovery Charges; and (ii) the Account(s) Imposed by the ISO or otherwise. Capacity Cost includes, the Transmission Enhancement Charge Adjustments (each of (1) and (ii) as but is not limited lo, the cost for procuring Capacity Performance resources defined In the sedement agreement approved by FERC as of May 31, 2018 (as currently required and deigned by the 150) in accordance with the In Docket Number EL05-121-009 for the lime periods Identified therein and provisions of Federal Energy Regulatory Commission Order on Proposed implemented in the GATT Schedule 12-C Appendices A and C, respectively, Tariff Revisions (Docket No. ER 15-623-000, et a1, issued June 9, 2015). and as may subsequently be amended). Any modifications or conditions to "Energy Costs" means a charge for the cost items included in the Locational the treahent of the Transmission Reallocation Costs under the 150 tariff or Marginal Price for the iSO residual zone identified In the Account Schedule. otherwise shall be deemed a change in law pursuant to Section 5 below. "FERC Order 745 Costs" means any costs or Charges imposed by the ISO in "UDC" means your local electric distribution utility owning and/or controlling accordance with complying with the provisions of Federal Energy Regulatory and maintaining the distribution system required for delivery of electricity to Commission ("FERC") in Order No. 745 18 CFR Part 35 (March 15, 2011). the Accounts. Any modifications or conditions b the trealmsnt of FERC Order 745 Costs "UDC Charges" means all UDC costs, charges, and fees, due under UDC's under the ISO tariff or otherwise shall be deemed a change In law pursuant tb delivery services rates associated with your use of UDC's distribution network, Section 5 of the General Terms and Conditions of this Agreement all as defined by the UDC tariffs, and any similar or related charges the UDC "ISO" means the independent system operator or regional transmission may Impose from time to time. organization responsible for the service territory governing an Account or any successor or replacement entity. "Line 2. Cash deposit and other security. At any time, we may require that you Loss Costs" means the costs (to the extent not already captured to the provide information b us so that we may evaluatD your creditworthiness. We applicable Energy Casts) applicable to each Account based on the kW/h reserve the right to require that you make a cash deposit or provide other difference between the UDC metered usage and the ISO settlement security acceptable to us If your financial obligations to us Increase under this volumes. If Line Loss Costs are "Fixed," the Line Loss Costs are included In Agreement, or If, In our opinion, your credit, payment hisbry, or ability to pay the Energy Costs and will not be invoiced as a separate line item, If Line Loss your bills as they come due becomes a concern. You will deliver any required Costs are "Passed Through," the Line Loss Costs will be Invoiced as a cash deposit or other required security (or any increase therein) within three separate line item and calculated based an the applicable fixed price or (3) business days of our request locational marginal price fpr the Corresponding usage. "Non Time Of Use" or "NTOU" means all hours of each day. 3. Default under this Agreement. You will be In default under this "Off Peak" means all hours other than Peak hours, Agreement if you fail lo: pay your bills on time and in full; provide cash "Peak" means the hours designated as peak from time to lime by the UDC, deposits or other security as required by Section 2 above; or perform all @2018 Cons6ellation Energy Resources, LLC All rights reserved. FOR INTERNAL USE ONLY Errors and kxnlsslons excepted. Std. Short ForrrLv.2010 Rev Nov -01-2017 () Sales Rep: Anthony A Willrock 6243802.3644,0 Printed: 16/2312018 Page -5-of 10 PAGE 5/10' RCVS AT 10/23/2018 5:27:13 PM [Eastern Daylight Time] " SVR:RFD-OMF-1019 "' DNIS:3345 " CSID: "ANI:18472539377 " DURATION (mm-ss):04.25 10/23/2018 TUB 16:32 FAX material obligations under this Agreement and you do not cure such default within 5 days of written notice from us; or if you declare or the for bankruptcy or otherwise become insolvent or unable In pay your debts as they come due. We will be In default under this Agreement If we fall to perform all material obligations under this Agreement and do not cure such default within 5 days writtan nolice from you, or if we declare or file for bankruptcy or otherwise become insolvent or unable to pay our debts as they come due. 4. Remedies upon default; Early Termination Payment, If -you are in default under this Agreement, In addition to any other remedies available to us, we may terminate this Agreement entirely, or solely with respect to those Accounts adversely atfscthd by such default, and switch your Accounts) back to UDC service (consistarit with applicable regulations and UDC praclices); and/or you will be required to pay us an early termination payment to compensate us for all losses we sustain due to your default, including: all amounts you owe us for electricity provided to you; • the positive difference, if any, between (A) the price you would have paid us under this Agreement had It not been terminated early (including our margin), less the Then -current market price of electricity and services under harms substantially similar to the terms of this Agreement, as reasonably calculated by us based on informaton available to us internally or supplied by one or more third partes; multiplied by (8) the estimated undelivered volume of electricity you would consume through the end of the term, as reasonably calculated by us ; and • all costs (including attorneys' fees, expenses and court costs) we Incur In collecting amounts you owe us under this Agreement The parties agree that any early tarrnination payment determined In accordance with this Section is a reasonable approximation of harm or loss, and is not a penalty or punitive in any respect, and that neither party will be required In enter into a replacement transaction in order to determine or be entitled to a termination payment 5. Changes In law. We may pass through or allocate, as the case may be, to You any increase or decrease In our costs related to the electricity and related products and services sold to you that results from the Implementation of now, or changes (including changes to formula rale calculations) In existing, Laws, or other requirements or changes in administration or interpretation of Laws or other requirements, "Law" means any law, rule, regulation, ordinance, statute, judicial decision, administrative order, 150 business practices or protocol, UDC or ISO tariff, rule of any commission or agency with Jurisdiction in the state In which the Accounts are located. Such additional amounts will be Included in subsequent invoices to you. The changes described in this Section may change any or all of the charges described in this Agreement, whether described as 'Mixed," "variable," "pass-through" or otherwise. Your first bill reflecting increased costs will include a bill insert describing the increase in costs in reasonable detail. S. Events beyond either of our reasonable control. If something happens that is beyond either of our reasonable control that prevents either of us from performing our respective obligations under this Agreement, then whichever one of us cannot perform will be relieved from performance until the situation is resolved. Examples of such events include: acts of God, fire, Ilood, hurricane, war, terrorism; declaration of emergency by a governmental entity, U006/010 the 150 or the UDC; curtailment, disruption or interruption of electrlcily transmission, distribution or supply; regulatory, administrative, or legislative action, or action or restraint by court order or other governmental entily; actions taken by third parties not under your or our cantrol, such as the 130 or a UDC. Such events shall not excuse failure to make payments due In a timely manner for etectrlcity supplied th you prior to such event Further, if such , an event prevents or makes it impossible or impracticable for the claiming parly to carry out any obligation under this Agreement due to the events beyond either of our reasonable control for more than 30 days, then whichever one of us whose performance was n9l prevented by such events shall have the right to terminate this Agreement without penally upon 30 days' wriltan notice to the other. 7. UDC or ISO obligations. We will have no liability or responsiblllly far matters within the control of the UDC or the ISO -controlled grid, which Include maintenance of electric lines and systems, service interruptions, loss or termination of service, deterioration of electric services, or melor readings. . B, Limitation on Liability. IN NO EVENT WILL EITHER PARTY OR ANY OF ITS RESPECTIVE AFFILIATED COMPANIES RE LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST OPPORTUNITIES OR LOST PROFITS NOT CONTEMPLATED BY SECTION 4. Each party's total liability related to this Agreement, whether arising under breach of contract, tort strict liability or otherwise, will be limited to dlre4 actual damages. Direct, actual damages payable to us will reflect the early termination payment calculation in Section 4. Each parly agrees to use commercially reasonable efforts to mitigate damages it may incur. NO WARRANTY, DUTY, OR REMEDY, WHETHER EXPRESSED, IMPLIED OR STATUTORY, ON OUR PART IS GIVEN OR INTENDED TO ARISE OUT OF THIS AGREEMENT, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. 9. DISPUTE RESOLUTION. THIS AGREEMENT WILL BE GOVERNED BY AND INTERPRETED IN ACCORDANCE WITH THE LAWS OF THE STATE IN WHICH ANY ACCOUNT IS LOCATED, WITHOUT GIVING EFFECT TO ANY CONFLICTS OF LAW PROVISIONS, AND 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 SUCH STATE. IF THE MATTER AT ISSUE INVOLVES ACCOUNTS OR MATTERS IN MORE THAN ONE STATE, THE GOVERNING JURISDICTION AND VENUE SHALL BE DEEMED TO BE NEW YORK. TO THE EXTENT ALLOWED BY APPLICABLE LAW, WE ALSO BOTH AGREE IRREVOCABLY AND UNCONDITIONALLY TO WAIVE ANY RIGHT TO A TRIAL BY JURY OR TO INITIATE OR BECOME A PARTY TOANY CLASS ACTION CLAIMS WITH RESPE=CT TO ANY ACTION, SUIT OR PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT. 10. Relationship of Parties; Representations and Warranties. We are an independent contractor, and nothing in this Agreement establishes a Joint venture, fiduciary relationship, partnership or other joint undertaking. We are not acting as your consultant or advisor, and you will not reiv on us in evaluating the advantages or disadvantages of any specdic product or service, predictions about future energy prices, or any other matter. Your 02018 Constellation Energy Resources, LLC Alldghts reserved. FOR INTERNAL USE ONLY Enrom and omissions excepted. Std. Short Fonn_v.2010 Rev Nov -01-2017 () Sales Rep: Anthony A Wittrock G243802.3644,0 Printed: 1012.3/2018 Page -6-of 10 PAGE 6/10' RCVS AT 10/23/2018 5:27:13 PM [Eastern Daylight Time] " SVR:RFD-OMF-1019 I DNIS:3345 " CSID: "ANI:18472539377 " DURATION (mm-ss):04.25 10/23/2018 TUB 16:33 FAX decision to enter into this Agreement and any other dedsions or actions you may take is and will be based solely upon your own analysis (or that of your advisors) and not on Information or statements from us. You represent (i) you are duly organized and in good standing under the Laws of the jurisdiction of your tbrmation; (ii) you are aulhorized and qualified to do business in the jurisdiction necessary to perform under this Agreement (iii) execution, delivery and performance of this Agreement are duly aulhorized and do not violate any of your governing documents or contract or any applicable Law; and (Iv) If you are a Governmental Entity, you further warrant (a) you have complied with all applicable bidding and procurement laws in awarding this Agreement, (b) you will not claim immunity on the grounds of sovereignty or similar grounds from enforcement of this Agreement; and (c) you will obtain all necessary budgetary approvals, appropriations and funding for all of your obligations under this Agreement, the failure of which shall not be an excuse for Governmental Entity's performance or failure to perform hereunder and upon request will provide proof of such .authority. "Governmental Entity" means a municipality, county, governmental board or department, commission, agency, bureau, admirtistralve body, joint action agency, court or other similar political subdivision (Including a publlc school district or special purpose district or authority), or public entity or instrumentality of the United Stabs or one or more states. 11. Confidentiality. Consistent with applicable regulatrrry requirements, we will hold In confidence all information obtained by us from you related to the provision of services under this Agreement and which concern your energy characteristics and use patterns, except that we may, consistent with applicable law and regulation, disclose such infarmallon fo (a) our atllllafes and such affiliates' employees, agents, advisors, and Independent contractors, (b) third parties representing you In this purchase of electricity, and (c) other third parties, if the inbrmation (t) is presented In aggregate and (II) cannot be reasonably expected to identify you. Except as ,otherwise required by law, you will agree to keep confidential the terms of our Agreement; including price. 12. Miscellaneous Provisions. If in any circumstance we do not provide nctice of, or object to, any default on your part, such situaiion will not constitute a waiver of any future default of any kind. If any of this Agreement is held legally Invalid, the remainder will not be alfecled and will be valid and enforced to the fullest extent permiitod by law and equity, and there will be deemed substituted for the invalld provisions such provisions as will most nearly carry out our mubilal intent as expressed in this Agreement. You may not assign or otherwise transfer any of your rights or obllgalians under this Agreement without our prior written consent Any such attempted transfer will be void. We may assign our rights and oblige&ons under this Agreement This Agreement contains the entire agreement between both of us, supersedes any other agreements, discussions or understandings (whether written or oral) regarding the subject matter of this Agreement, and may not be contadicthd by any prior or contemporaneous oral or written agreement A facsimile or e-mailed copy with your signature will be considered an original for all purposes, and you will provide original signed copies upon request Each party authorizes the other parly to affix an Ink or digital stamp of its signature to this Agreement, and agrees to be bound by a document executed in such a manner, The parties acknowledge that; any document generated by the parties with respect to this Agreement, including this Agreement, may be imaged and stored electronically and such imaged documents may be introduced as evidence In any proceeding as if such were original business U007/010 records and neither party shall contest their admissibility as evidence in any proceeding. Except as otherwise explicitly provided in this Agreement; no amendment (including in form of a purchase order you send us) to this Agreement will be valid or given any elfect unless signed by both of us. Appliaable provisions of this Agreement will continue in effect atter termination or expiration of this Agreement to the extent necessary, including those for billing adjustments and payments, Indemnlfcation, limltatlons of liabillty, and disputa resolution. This Agreement Is a "forward contract" and we are a "forward contact merchant' under the U.S. Bankruptcy Cade, as amended. Further, we are not providing advice regarding "commodity interests", Including futures contracts and commodity options or any other malbar, which would cause us to be a commodity trading advisor under the U.S. Commodity Exchange Ack, as amended. 02018 Constellation Energy Resources, LLC Alldghts reserved. FOR INTERNAL USE ONLY Errors and omissions excepted. Std. Short Farm x.2010 Rev Nov -01-2017 () Sales Rep: Anthony A WtMk 6243802.3644.0 Printed: 10123120113 Page -7-of 10 PAGE 7110' RCVS AT 10/23/2018 5:27:13 PM [Eastern Daylight Time] " SVR:RFD-OMF-1019 I DNIS:3345 " CSID: "ANI:18472539377 " DURATION (mm-ss):04.25 10/23/2018 TUB 16:34 FAX U008/010 ACCOUNT SCHEDULE: Eor: Vlllape of Mount prospect The Pricing adbrih below ls.-amlyyalld unW-UO EM Central Provallina Time on-October23.2018 We $hall have no obligation to enroll or supply electricity to any account($) that are not Identified on the Account Schedule be low. Please verify that your specific Information Is COMPLETE and ACCURATE. Your review and acceptance of this Information will help ensure accurate future Invoices Notes: Accounts or Service Addresses listed in the Account(s) Schedule may be updated or replaced w4h a new account number issued by the UDC, ISO or other entity. THIS DOCUMENT MAY BE RETURNED TO SELLER SY FAX TO (888)-829.8738 OR AS OTHERWISE DIRECTED, No. of Service A=unts: 44 FOR INTERNAL USE ONLY 412019 Constellation Energy Resources, LLC Alldghts reserved. Errors and omissions excepted. SW. Short Farm_v.2010 Rev Nov -01-2017 (� 5eles Rep, Anthony A Wlt7ock 6243002.3644.0 Printed: 10/23/2018 Pago 8 of 10 PAGE 8/10' RCVS AT 10/23/2018 5:27:13 PM [Eastern Daylight Time] " SVR:RFD-OMF-1019 "' DNIS:3345 " CSID: "ANI:18472539377 " DURATION (mm-ss):04.25 ergy Price UDC UDC Account Number Service Address Start Date End Date Non TOU ($IkWh) 1400 W Lincoln St, Village, Mount COMER 0019021059 Prospeot, IL 9005132927 12/03119 11/29/23 $0.03634 gonqu n Rd Lim RV25, & Busse R Mount Prospect, COMER 0111111070 IL 900565704 12/03/18 1 11/29/23 $0.03634 636 S George St, Mbun1 Prospect, 1 COMER 0123132132 IL 600563915 12/04/18 11/30/23 $0.03634 18 rson St, 111126,matsredlcontlr, Mount COMER 0133002089 Prospect, IL 600583217 12/13/18 12/11/23 $0.03634 Village i Ernhurst Rd, Mount Prospect, IL COMM 0144035012 600561010 12/03/18 11!29123 $0.03934 109 N Horner Ln, Village, Mount COMER 014407001/ Prospect, IL 600562606 12/11/18 12/07123 $0.03634 Sprk, 501 Sc George St, Mount COMER 0190154011 Prospect, L 60056 12104/16 11/30/23 $0.03634 0 VV ne Lite RV25, In NorthwestFlylrrttrd, Mount Prospect, COMEII 0191807002 IL 60056 12111/23 $0.03634 1221 E Business Gtr, Mount r12/13/118 COME17 0210157047 Pros ect, IL 600562182 2/11/18 12/07/23 $0.03634 112 E Highland Ave, Mount COMER 0229061023 Prospect, IL 600662105 12/10/19 12/06/23 $0.03631 901 Business Ctr, Dr, Mount COMER 0240011016 Prospect, IL 600562181 12/11/18 12107!23 $0,03634 Algonquin Rd, Controller, Mount Prospect, IL COMER 0269071098 60056 12/11/18 12/07/23 $0.03634 601 W Goff Rd, Village, Mount COMER 0300069050 Prospect, IL 900664276 12/03/18 11/29/23 $0.03634 1807 N River. Rd, Mount Prospect, COMER 1 0319065051 IL 60066 12112/18 12/10/23 $0.03634 Westgate ate 3, onw as cor Mount Prosp, Mt, Prospect, IL DOMED 0375155132 900662229 12104/18 11/30/23 $0.03634 6 5 n Lite , 43514387, Mbunt Prospect, IL COMA 046408302$ 800564645 12/13119 12/11/23 $0.03634 717 3 Louie St, Village, Mount COMED 0504014000 Prospect, IL 600563940 12/04/18 11/30/23 $0.03634 FOR INTERNAL USE ONLY 412019 Constellation Energy Resources, LLC Alldghts reserved. Errors and omissions excepted. SW. Short Farm_v.2010 Rev Nov -01-2017 (� 5eles Rep, Anthony A Wlt7ock 6243002.3644.0 Printed: 10/23/2018 Pago 8 of 10 PAGE 8/10' RCVS AT 10/23/2018 5:27:13 PM [Eastern Daylight Time] " SVR:RFD-OMF-1019 "' DNIS:3345 " CSID: "ANI:18472539377 " DURATION (mm-ss):04.25 10/23/2018 TUB 16:34 FAX FOR INTERNAL USE ONLY X2018 Constellatfon Energy Resources, LLC Allrlghts reserved, Errors and omissions excepted. Std. Shari Form _v.2.010 Rev Nov -01-2017 () Sales Rep. Anthony A Wbock 0243602.3644,0 PdntW.- 1 012312 01 8 PAGE 9/10' RCVS AT 10/23/2018 5:27:13 PM [Eastern Daylight Time] " SVR:RFD•OMF•10/9 " DNIS:3345 " CSID: I ANI:18472539377 " DURATION (mm•ss):04.25 U009/010 Page 9 of 10 1 10 E Prospect, Mount Prospect, It_ COMM 0611155046 60066 12/04/16 11/30123 $0.03634 117 Waverly Pl, Mount Prospect, IL COMED 0630089039 600562246 12/03118 11/29/23 $0.03634 1427 S Robert Dr, Village, Mount COMSD 0753122039 Prospect, IL 600564580 12/03/16 11/29/23 $0,03634 112 E rthw eat Flwy Lite Rt/25„ Mount Prospect, IL COMM 0703024022 600563232 12113118 12/11/23 $0.03634 900 E Golf hurstAve, Village, Mount COMED 0774017015 Prospect, IL 600564321 12104118 11/30123 $0.03634 ne s Central Rd, Mount Prospect, IL COMED 0675028014 600663139 12/13/18 12111/23 $0.03634 315 8 We GO Tri, —Back Of Address, Mount Prospect, IL COMM 0981004004 600562962 12/03/18 11/29/23 $0.03634 205 E Berkshire Ln, Village, Mount COMER 0984156009 Prospect, IL 600563627 12!04118 11/30/23 $10,03634 1628 W Algonquin Rd, Village, ODM® 1074098017 Mount Prospect, IL 800505503 12/03/18 11129/23 $0.03034 471 Feehanville Ur, Mount Prospect, COMED 1104022014 IL 60056-6001 12/11/16 12107/23 $0.03634 Sprk, 1030 E NW Hw y, Mount COMED 1147059061 Pros eCt, IL 600563445 12/10/16 12/06/23 $0,03634 NE of nsington Road - urst Avenue, MOUNT PROSPECT, IL COMER 1313107024 60056 12111!18 12/07/23 $0,03634 1326 N River Rd, Mount Prospect, , COMET] 1479080091 IL 800561850 12/12/18 12/10/23 $0.03634 0 Central I4 Lite Ftf/25, & N Main COMER 1518034011 St, Mount Prospect, IL 600682482 12/13/18 12!11123 $0.03634 gw 000 Ln Lite Rt/25„ Mount Prospect, IL COMER 1982162009 600661200 12/13/18 12/11/23 $0.03634 410 Business Center Dr., Mt, COMER 2418113043 Pros et IL 60056 12111!19 12107/23 $0.03634 Central Rd ew Danapointl/mtrd, Mount Prospect, IL COMM 3041033026 600562462 12/13/18 12/11/23 $0.03634 ergreen , 1 PN Main, Mount Prospect, IL COMER 3313112045 600563221 12/13/18 12!11 /23 $0.03834 Lite w Hne St Northw est Hwy, Mount Prospect, IL COMED 3369140084 600563232 12/13/18 12/11/23 $0.03634 1330-40 W Central, Mount Prospect, COMED 4127670002 IL 600562228 12!03/18 11129123 $0.03634 203 E Evergreen Ave, Mount COMM 4475624003 Prospect, IL 600563130 12/10/16 12/06/23 $0,03634 11 E Northw oat Hwy,, Train $tation, COMES 4475767003 Mount Prospect, IL 600563287 12/10/16 12/06/23 $0.03634 13 E Northwest Hwy, Mount COMER 4475770000 Pros eot, IL 600563253 12110/18 12/06/23 $0.03634 Central Rd Lite Rt/25, Metered /2e Weller, Mount Prospect, IL DOMED 5323110019 600562462 12/13/18 12111/23 $0.00034 Sprk, 710 E l`%W I-Iw y, Mount COMED 642509B000 Prospect, IL 600563442 12/10/18 12/06/23 $0.03634 1 W Mille, Mount Prospect, IL COMA 8643058011 6005624413 12/13/16 12/11/23 $0.03634 FOR INTERNAL USE ONLY X2018 Constellatfon Energy Resources, LLC Allrlghts reserved, Errors and omissions excepted. Std. Shari Form _v.2.010 Rev Nov -01-2017 () Sales Rep. Anthony A Wbock 0243602.3644,0 PdntW.- 1 012312 01 8 PAGE 9/10' RCVS AT 10/23/2018 5:27:13 PM [Eastern Daylight Time] " SVR:RFD•OMF•10/9 " DNIS:3345 " CSID: I ANI:18472539377 " DURATION (mm•ss):04.25 U009/010 Page 9 of 10 10/23/2018 TUB 16:34 FAX 0 W Algonquin Rd Lits RN25, & Dempste, Mount Prospect, IL 600565704 1 12/03/19 1 11129!23 U010/010 TO ACCEPT THE PRICING ABOVE, PLEASE FAX A SIGNET] COPY OF THIS AGREEMENT TO US AT M-925-973& Payments to Certain Third -Parties: You acknowledge and understand that ■ We are making a payment to Midwest Energy, Inc in conneclon with Its effort b facillhaie our entering into this Agreement; and ■ Your price reflects the fee we are paying to Midwest Energy, Inc ■ Midwest Energy, Inc is acting on your behalf as your representalive and Is n&a representative or agent of ours. • You should direct any questions regarding such fee b Midwest Energy, Inc. FOR INTERNAL USE ONLY ®2018 Constella[ion Energy Resources, LLC All rights reserved. Errors and omissions excepted. Sld. Short Fonrr_v,2010 Rev Nov -01-2017 () Sales Rep: Anthony A Wittrock 6240602,3644,0 Printed: 1012312019 Page 10 of 10 PAGE 10/10' RCVS AT 10123/2018 5:27:13 PM [Eastern Daylight Time]'"' SVR:RFD-QMF-10191 DNIS:33451 CSID: 'ANI:18472539377 "' DURATION (mm-ss):04.25 $74.00 $72.00 $70.00 $68.00 $66.00 $64.00 $62.00 $60.00 $58.00 $56.00 $54.00 $52.00 $50.00 $48.00 $46.00 $44.00 $42.00 $40.00 $38.00 $36.00 $34.00 $32.00 $30.00 $28.00 $26.00 $24.00 $22.00 $20.00 V N N N W N V V N V N W N — — — — — — — V N W N V N W N — — — N— W— W— G P j P N V N— N— W� N O N Z N� O O N O N N N� O N O N O N O N N O N O N O N O N O N j5 N Z N� 0 • W V P N O P I)� W W T• N G W N G W W T W T O G O T N P N O W V V W V W W I)� I)� N V I)� V I)� V D D C N IOp V 0 0 N lOp ;.R 0— C O O J 0 P c V G O p � O V O O Q O K ppp b p< ,p0 ,p0 K y 10 p< C O' ' O, V Op O V O V O W W pp ,p0 V p� O O O j j N N N N N NNN NNN N N N O NNN N N N N O N N N N N N N N N N N N N NN NNN N N N NNN N $ $ pp O O O ;p 0 N N N N N O p O O p O p 0 0 0 O p 0 0 0 0 0 0 p 0 0 0 0 0 0 p O O p O p 0 0 0 p 0 NN W W W W W W y s s s e v a g ain I)�I)�I)�NN NNPP P P V V V V W W pp W W W Wholesale Power 2006 thru 2022 - Oct 30, 2018 2006 Power .....................2007 Power -2008 Power 2009 Power 2010 Power 2011 Power Power -2013 Power 2014 Power 2015 Power Power power -2018 Power Power ------1 2020 Power Power 2022 Power 1013112018 Midwest Energy j i n f �r 1r i I i � IIIIII Iqu�. fi. oil III��II � I� ,. 111 VVII�'�i� f� ��UP� h lifl,llllhl4lh,.. 2006 Power .....................2007 Power -2008 Power 2009 Power 2010 Power 2011 Power Power -2013 Power 2014 Power 2015 Power Power power -2018 Power Power ------1 2020 Power Power 2022 Power 1013112018 Midwest Energy Village of Mount Prospect, Illinois Request for Proposals for Electrical Energy Proposals Due — Before noon October 23rd 2018 Proposal Review Process: The Village of Mount Prospect (the Village) will conduct the proposal review and supplier selection process in the following manner. (1) This RFP document will be distributed to pre -qualified suppliers; (11) Suppliers may submit questions arising from the RFP via email (only written or emailed questions will be accepted); (111) Proposals will be evaluated uniformly and objectively based on the criteria specified herein. (IV) The winning bidder will be contacted to finalize the paperwork necessary to effect the agreement. Purpose of RFP: This RFP has been issued for the acquisition of electrical energy for water, storm and sewer pumping, street -lighting and other purposes as listed for all accounts listed in Exhibits A, B and C. The Village reserves the right to award any contract to any firm that the Village determines, in its sole discretion, will best serve its interests. Incurred Costs: The Village will not be responsible for any costs incurred by suppliers in preparing their responses. All materials received in the supplier's proposal will be considered the property of the Village and will not be returned. Right to Cancel RFP: The Village retains the right to cancel the RFP and discontinue this project at any time and at its sole discretion. Issuance of this RFP does not obligate the Village in any way to purchase any products or services. Fixed All-inclusive Pricing Proposal Requirements (Required): The Village seeks an "All -in" Fixed Price for each of the following terms: • A 12 -month term commencing with December 2018 ComEd meter read date for all accounts listed in Exhibits A, B and C expiring with the December 2019 ComEd read date. • A 24 -month term commencing with December 2018 ComEd meter read date for all accounts listed in Exhibits A, B and C expiring with the December 2020 ComEd read date. • A 36 -month term commencing with December 2018 ComEd meter read date for all accounts listed in Exhibits A, B and C expiring with the December 2021 ComEd read date. • A 48 -month term commencing with December 2018 ComEd meter read date for all account listed in Exhibits A, B and C expiring with the December 2022 ComEd read date. • A 60 -month term commencing with December 2018 ComEd meter read date for all account listed in Exhibits A, B and C expiring with the December 2023 ComEd read date Conditions ■ Proposals for each term option are expected. ■ Bidders must submit a firm price per kWh for each term that includes: the energy supply, transmission, losses, ancillary, renewable portfolio standard, and capacity in a $/kWh price. The pricing must be provided as Year -Round and Round -the -Clock. ■ Please break out and show each component of your "All -in" Pricing on Exhibit "A" (See Attached) ■ The Village requires that there will be NO "collars" (minimum or maximum usage or % requirements) in their agreements. ■ All bidders must disclose whether or not congestion charges will be passed on to the Village in the event the Regional Transmission Operator declares congestion. ■ All bidders must utilize an agreement form and addenda pre -approved by the Village. If you have a new form, please submit with bid. ■ All bidders provide a clear written description of all pricing components included in their price quote and clearly identify all pricing components not included in their price quote. ■ Each bidder shall provide a budgetary estimate of all charges to get power to the Village's meter(s). ■ Each bidder shall submit a sample bill and contract forms or agreements. ■ The Village may not consider proposals that fail to provide the requested information. ■ The Village is requesting pricing based upon a 45 day payment term. ■ The Village requests that each exhibit be billed as a separate billing; so three (3) separate invoices per month. Alternative Pricing Proposals (Optional): The Village may consider optional pricing proposals from bidders who have submitted the required all -in fixed pricing referenced but would like the Village to consider an alternative pricing structure or terms that may prove advantageous given the Village's electricity user profile, market conditions, and the bidder's understanding of trends. Alternative proposals must clearly describe the pricing structure or products proffered and explicitly state the perceived advantages to the Village. Alternative proposals will only be considered when submitted in conjunction with the required all -in fixed pricing referenced above. Proposal Submissions: Village of Mount Prospect must receive all pricing proposals via email before noon PM CDT on Tuesday, October 23rd 2018. The Village will decide and approve a vendor before the end of business on Wednesday, October 17th, 2018. Late proposals may be not be considered. Changes to proposals will not be permitted after submission, without the prior consent and agreement of the Village, at it sole discretion. Submit your proposal to: Village of Mount Prospect Contact Name: Casey Botterman/Supt of Public Works Address: 1700 W Central Road, Mount Prospect, Illinois 60056 Phone: 1-847-870-5640 E-mail: cbotterman@mountprospect.org Fax: 1-847-253-9377 PROPOSAL SHEET for Mount Prospect, Illinois 60056 SUPPLIER: CONTACT: EMAIL: TELEPHONE: Term #1: A 12 -month term commencing with December 2015 ComEd meter read date for Exhibits A, B and C expiring with the December 2019 ComEd read date. What is your price for each of the following? Does your contract Does your Does your contract have a collar or Contract have a allow for a change Item $/kWh bandwidth? material change in pricing if the clause? Capacity PLC or Transmission PLC change? Yes or No Yes or No Yes or No Supply Losses Ancillaries & PJM ISO Charges Capacity Transmission Renewable Portfolio Standard Total of Above Term #2: A 24 -month term commencing with December 2018 ComEd meter read date for Exhibits A, B and C expiring with the December 2020 ComEd read date. What is your price for each of the following? Does your contract Does your Does your contract have a collar or Contract have a allow for a change Item $/kWh bandwidth? material change in pricing if the clause? Capacity PLC or Transmission PLC change? Yes or No Yes or No Yes or No Supply Losses Ancillaries & PJM ISO Charges Capacity Transmission Renewable Portfolio Standard Total of Above SUPPLIER: Term #3: A 36 -month term commencing with December 2018 ComEd meter read date for Exhibits A, B and C expiring December 2021 ComEd read date. What is your price for each of the following? Does your contract Does your Does your contract have a collar or Contract have a allow for a change Item $/kWh bandwidth? material change in pricing if the clause? Capacity PLC or Transmission PLC change?? Yes or No Yes or No Yes or No Supply Losses Ancillaries & PJM ISO Charges Capacity Transmission Renewable Portfolio Standard Total of Above SUPPLIER: Term #4: A 48 -month term commencing with December 2018 ComEd meter read date for Exhibits A, B and C expiring December 2022 ComEd read date. What is your price for each of the following? Does your contract Does your Does your contract have a collar or Contract have a allow for a change Item $/kWh bandwidth? material change in pricing if the clause? Capacity PLC or Transmission PLC change?? Yes or No Yes or No Yes or No Supply Losses Ancillaries & PJM ISO Charges Capacity Transmission Renewable Portfolio Standard Total of Above SUPPLIER: Term #5: A 60 -month term commencing with December 2018 ComEd meter read date for Exhibits A, B and C expiring December 2023 ComEd read date. What is your price for each of the following? ADDITIONAL INFORMATION REQUIRED WITH PROPOSAL Does Supplier provide a single bill option where one bill is issued that combines ComEd and the Supplier's charges? YES NO Does Supplier offer Summary Billing where one bill is used for the total of all of accounts? YES NO If yes, submit a copy of a Summary Bill. Does your contract Does your Does your contract have a collar or Contract have a allow for a change Item $/kWh bandwidth? material change in pricing if the clause? Capacity PLC or Transmission PLC change?? Yes or No Yes or No Yes or No Supply Losses Ancillaries & PJM ISO Charges Capacity Transmission Renewable Portfolio Standard Total of Above ADDITIONAL INFORMATION REQUIRED WITH PROPOSAL Does Supplier provide a single bill option where one bill is issued that combines ComEd and the Supplier's charges? YES NO Does Supplier offer Summary Billing where one bill is used for the total of all of accounts? YES NO If yes, submit a copy of a Summary Bill. Exhibit A Pumping Account Information for Quotation Purposes: ACCOUNT METER FACILITY SERVICE ADDRESS 0630089039 092613403 STATION 4 117 N WAVERLY 0228061023 083091680 STATION 5 112 E HIGHLAND AV 0774017015 140383636 078983347 STATION 11 600 SEE GWUN AV 1074086017 141461216 STATION 16 1629W ALGONQUIN RD 0144035012 140489998 STATION 17 1480 N ELMHURST RD 4475624003 095680610 ELEVATED TANK 203 EEVERGREEN AV 0144070011 116737295 FAIRVIEW LIFT STATION 109 N HORNER LANE 0300069050 140196366 HUNTINGTON LIFT STATION 601 W GOLF RD 0753122039 086125589 COTTONWOOD RELIEF 1427 ROBERT DRIVE 018021059 093735413 LINCOLN RELIEF 1400 W LINCOLN ST 0504014000 093735434 WILLIAM RELIEF 719 S WILLIAM ST 0504014000 093756573 LOUIS RELIEF 717 S LOUIS ST 0123132132 097125168 GEORGE NORTH RELIEF 635 S GEORGE ST 0984158009 097700926 141358811 MAPLE BERKSHIRE RELIEF 205 E BERKSHIRE LN 0981004004 115816960 WE GO LINCOLN RELIEF 315 S WE GO TRL 0774017015 078983347 GEORGE SOUTH RELIEF 900 E GOLFHURST AV 0774017015 140473709 GEORGE SOUTH RELIEF 900 E GOLFHURST AV 0774017015 116734468 GEORGE SOUTH RELIEF 900 E GOLFHURST AV Exhibit B Street -lighting Account Information for Quotation Purposes: ACCOUNT METER ADDRESS 0111111070 141436371 0 NE ALGONQUIN RD 0133002089 141622920 1 S EMERSON 0191807002 141613624 0 W PINE, 1 N NW HWY 0269071098 141436345 1400 E ALGONQUIN RD 0269071098 141353504 1400 E ALGONQUIN RD 0454083026 1505 W WILLOW 0763024022 121037405 112 E NW HWY 0875028014 141613571 0 S PINE 1518034011 141622913 0 CENTRAL RD, N MAIN 1518034011 140228645 0 CENTRAL RD, N MAIN 1992162009 141613834 500 E DOGWOOD 1992162009 140084830 500 E DOGWOOD 3041033026 141613570 0 S CENTRAL RD 3313112045 141613622 0 N EVERGREEN 3369140084 141527494 1 W PINE 5323110019 141613572 0 S CENTRAL RD 6843058011 141613625 1 W WILLE 6843058011 141613573 1 W WILLE 8403048044 141613591 0 NW ALGONQUIN RD 8403048044 115119266 0 NW ALGONQUIN RD 0375155132 0375155132 UM 0 WESTGATE 0611155045 141520377 10 EPROSPECT 0611155045 141643367 10 EPROSPECT 1313107024 141769797 NE OF KENSINGTON RD 3369140084 141655442 112 E NORTHWEST HWY - LITE RT/25 Exhibit C Other Electric Account Information for Quotation Purposes: ACCOUNT METER ADDRESS 0319065051 141658713 1807 N RIVER RD 1479090091 141658758 1325 N RIVER RD 0630107078 141354525 SPRK, 800 E NW HWY 6425098000 141557186 SPRK, 710 E NW HWY 1147059051 142039037 SPRK, 1030 E NW HWY 0190154011 140065879 SPRK, 501 S GEORGE ST 4475767003 141497608 11 E NW HWY 4475767003 141545397 11 E NW HWY 4475770000 141353485 13 E NW HWY 4127670002 121039044 1330-40 W CENTRAL 4127670002 141635068 1330-40 W CENTRAL 0210157047 272144127 272780499 1221 E BUSINESS CENTER 0240011018 272775504 901 BUSINESS CENTER 1104022014 272775505 471 FEEHANVILLE DR 2418113043 1 272738760 410 BUSINESS CENTER 7303154008 273105471 LEVEE 37 PS2 SENECA 1/2 E SENECA LANE