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2024-237-E-County Mgr-Willdan-LED Lights
Revised 01/24 1 [Departmental Use Only] TITLE Hillsborough C LED FY 24 NORTH CAROLINA SERVICES AGREEMENT NO RFP/RFQ ORANGE COUNTY This Services Agreement (hereinafter “Agreement”), made and entered into this 16tth day of April, 2024, (“Effective Date”) by and between Orange County, North Carolina a political subdivision of the State of North Carolina (hereinafter, the "County") and Willdan, (hereinafter, the "Provider"). WITNESSETH: That the County and Provider, for the consideration herein named, do hereby agree as follows: 1. Services a. Scope of Work. i) This Agreement is for services to be rendered by Provider to County with respect to (insert type of project): LED Light retrofit at Hillsborough Commons ii) By executing this Agreement, the Provider represents and agrees that Provider is qualified to perform and fully capable of performing and providing the services required or necessary under this Agreement in a fully competent, professional and timely manner. iii) Time is of the essence with respect to this Agreement. iv) The services to be performed under this Agreement consist of Basic Services, as described and designated in Section 3 hereof. Compensation to the Provider for Basic Services under this Agreement shall be as set forth herein. 2. Responsibilities of the Provider a. Services to be provided. The Provider shall provide the County with all services required in Section 3 to satisfactorily complete the Project within the time limitations set forth herein and in accordance with the highest professional standards. b. Standard of Care. i) The Provider shall exercise reasonable care and diligence in performing services under this Agreement in accordance with the highest generally accepted standards of this type of Provider practice throughout the United States and in accordance with applicable federal, state and local laws and regulations applicable to the performance of these services. Provider is solely responsible for the professional DocuSign Envelope ID: 15F06E73-A972-4F37-AA44-63A9F30F60BB Revised 01/24 2 quality, accuracy and timely completion and submission of all work related to the Basic Services. ii) Provider shall be responsible for all errors or omissions of its agents, contractors, employees, or assigns in the performance of the Agreement. Provider shall correct any and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts at no additional cost to the County. iii) The Provider shall not, except as otherwise provided for in this Agreement, subcontract the performance of any work under this Agreement without prior written permission of the County. No permission for subcontracting shall create, between the County and the subcontractor, any contract or any other relationship. iv) Provider is an independent contractor of County. Any and all employees of the Provider engaged by the Provider in the performance of any work or services required of the Provider under this Agreement, shall be considered employees or agents of the Provider only and not of the County, and any and all claims that may or might arise under any workers compensation or other law or contract on behalf of said employees while so engaged shall be the sole obligation and responsibility of the Provider. v) If activities related to the performance of this Agreement require specific licenses, certifications, or related credentials Provider represents that it or its employees, agents and subcontractors engaged in such activities possess such licenses, certifications, or credentials and that such licenses certifications, or credentials are current, active, and not in a state of suspension or revocation. vi) Should any documents, exhibits, or addenda be attached to this Agreement, the terms of this Agreement shall have priority in any conflict with or among the terms of such referenced documents, exhibits. vii) Should this Agreement involve project designs, the construction or creation of which is to be bid out or fulfilled by other contractors, and bidding or negotiation with contractors produce prices which, when added to the other elements of the approved total project cost, produce a cost that is in excess of the approved total project cost, the Provider shall participate with the County in negotiation and design adjustments to the extent such are necessary to obtain prices within the approved total project cost. All activity of the Provider with respect to these matters shall constitute Basic Services and shall be performed by the Provider without additional compensation. If negotiation and design adjustments fail to bring costs within the total project cost the County may reject all bids and Provider will redesign or reduce portions of the project in an effort to reduce the bid prices to within the total project cost and rebid the project. One such redesign is included within Basic Services. If this second letting for bids does not produce bids that are within the approved total project cost initially or after negotiations with the contractor the cost is not reduced to an amount within the total project cost, the Provider is not obligated to engage in further redesign. 3. Basic Services DocuSign Envelope ID: 15F06E73-A972-4F37-AA44-63A9F30F60BB Revised 01/24 3 a. Basic Services. The Services to be rendered pursuant to this Agreement are as follows (fully describe services to be provided): The LED lighting retrofit is described in Attachment 1: Energy Efficiency Proposal 4. Duration of Services a. Term. The term of this Agreement shall be from April 16, 2024 to December 31, 2024. b. Scheduling of Services. i) The Provider shall schedule and perform its activities in a timely manner. ii) Should the County determine that the Provider is behind schedule, it may require the Provider to expedite and accelerate its efforts, including providing additional resources and working overtime, as necessary, to perform its services in accordance with the approved project schedule at no additional cost to the County. iii) The Commencement Date for the Provider's Basic Services shall be April 16, 2024. 5. Compensation a. Compensation for Basic Services. Compensation for Basic Services shall include all compensation due the Provider from the County for all services satisfactorily (as determined by the County) performed pursuant to this Agreement. The maximum amount payable for Basic Services shall not exceed $11,878.35 Dollars ($11,878.35). Payment for satisfactorily performed Basic Services shall become due and payable within thirty (30) days of Provider properly invoicing County. Payment shall be subject to provisions of Section 5(b). b. Disputes. In the event the amount stated on an invoice is disputed by the County, the County may withhold payment of all or a portion of the amount stated on an invoice until the parties resolve the dispute. Should Provider fail to perform its duties under the terms of this Agreement, County may, without fault or penalty, withhold any payment associated with the work to be performed until such time as said work is completed. c. Additional Services. County shall not be responsible for costs related to any services in addition to the Basic Services performed by Provider unless County requests such additional services in writing and such additional services are evidenced by a written amendment to this Agreement. 6. Responsibilities of the County a. Cooperation and Coordination. The County has designated (Amy Eckberg) to act as the County's representative with respect to the Project who shall have the authority to render decisions within guidelines established by the County Manager or the County DocuSign Envelope ID: 15F06E73-A972-4F37-AA44-63A9F30F60BB Revised 01/24 4 Board of Commissioners and who shall be available during working hours as often as may be reasonably required to render decisions and to furnish information. 7. Insurance a. General Requirements. Provider shall obtain, at its sole expense, Commercial General Liability Insurance, Automobile Insurance, Workers’ Compensation Insurance, and any additional insurance as may be required by County’s Risk Manager as such insurance requirements are described in the Orange County Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at http://www.orangecountync.gov/departments/purchasing_division/contracts.php). If County’s Risk Manager determines additional insurance coverage is required such additional insurance shall consist of N/A (if no additional insurance required mark N/A as being not applicable). Provider shall not commence work until such insurance is in effect and certification thereof has been received by the County's Risk Manager. 8. Indemnity a. Indemnity. To the extent authorized by North Carolina law the Provider agrees, without limitation, to defend, indemnify and hold harmless the County from all loss, liability, claims or expense, including attorney's fees, arising out of or related to the Project and arising from property damage or bodily injury including death to any person or persons caused in whole or in part by the negligence or misconduct of the Provider except to the extent same are caused by the negligence or willful misconduct of the County. It is the intent of this provision to require the Provider to indemnify the County to the fullest extent permitted under North Carolina law. 9. Amendments to the Agreement a. Changes in Basic Services. Changes in the Basic Services and entitlement to additional compensation or a change in duration of this Agreement shall be made by a written Amendment to this Agreement executed by the County and the Provider. The Provider shall proceed to perform the Services required by the Amendment only after receiving a fully executed Amendment from the County. 10. Termination a. Termination for Convenience of the County. This Agreement may be terminated without cause by the County and for its convenience upon seven (7) days’ prior written notice to the Provider. b. Other Termination. The Provider may terminate this Agreement based upon the County's material breach of this Agreement; provided, the County has not taken all reasonable actions to remedy the breach. The Provider shall give the County seven (7) days' prior written notice of its intent to terminate this Agreement for cause. Either party may terminate this Agreement upon notice to the other party that obligations pursuant to this Agreement are made impractical due to declarations of emergency by Orange County or by North Carolina due to events directly impacting Orange County. Both parties shall DocuSign Envelope ID: 15F06E73-A972-4F37-AA44-63A9F30F60BB Revised 01/24 5 remain responsible for all payment and performance due up to the receipt of such notice, but shall have no further obligation or responsibility beyond that date provided the terminating party has taken all reasonable steps to complete the performance of its obligations. c. Compensation After Termination. i) In the event of termination, the Provider shall be paid that portion of the fees and expenses that it has earned to the date of termination, less any costs or expenses incurred or anticipated to be incurred by the County due to errors or omissions of the Provider. Upon request of the County, the Provider shall submit to County all relevant documentation, including but not limited to, job cost records, to support its claims for final compensation. ii) Should this Agreement be terminated, the Provider shall deliver to the County within seven (7) days, at no additional cost, all deliverables including any electronic data or files relating to the Project. d. Waiver. The payment of any sums by the County under this Agreement or the failure of the County to require compliance by the Provider with any provisions of this Agreement or the waiver by the County of any breach of this Agreement shall not constitute a waiver of any claim for damages by the County for any breach of this Agreement or a waiver of any other required compliance with this Agreement. e. Suspension. County may suspend the Basic Services and this Agreement at any time for County’s convenience and without penalty to County upon three (3) days’ notice to Provider. Upon any suspension by County, Provider shall discontinue work on the Basic Services and shall not resume the Basic Services until notified to proceed by County. 11. Additional Provisions a. Limitation and Assignment. The County and the Provider each bind themselves, their successors, assigns and legal representatives to the terms of this Agreement. Neither the County nor the Provider shall assign or transfer its interest in this Agreement without the written consent of the other. b. Governing Law. This Agreement and the duties, responsibilities, obligations and rights of respective parties hereunder shall be governed by the laws of the State of North Carolina. By executing this Agreement Provider affirms that Provider and any subcontractors of Provider are and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147-86.58. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147-86.81. c. Non-Discrimination. Provider shall at all times remain in compliance with all applicable local, state, and federal laws, rules, and regulations including but not limited to all state DocuSign Envelope ID: 15F06E73-A972-4F37-AA44-63A9F30F60BB Revised 01/24 6 and federal non-discrimination laws, policies, rules, and regulations and the Orange County Non-Discrimination Policy and Orange County Living Wage Policy (each Orange County policy is incorporated herein by reference and may be viewed at http://www.orangecountync.gov/departments/purchasing_division/contracts.php.) Any violation of the Orange County Non-Discrimination Policy is a breach of this Agreement and County may immediately terminate this Agreement without further obligation on the part of the County. This paragraph is not intended to limit and does not limit the definition of breach to discrimination. d. Dispute Resolution. Any and all suits or actions to enforce, interpret or seek damages with respect to any provision of, or the performance or non-performance of, this Agreement shall be brought in the General Court of Justice of North Carolina sitting in Orange County, North Carolina. It is agreed by the parties that no other court shall have jurisdiction or venue with respect to such suits or actions. Binding arbitration may not be initiated by either Party, however, the Parties may agree to nonbinding mediation of any dispute prior to the bringing of such suit or action. e. Entire Agreement. This Agreement represents the entire and integrated agreement between the County and the Provider and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both parties. Modifications may be evidenced by facsimile signatures. f. Severability. If any provision of this Agreement is held as a matter of law to be unenforceable, the remainder of this Agreement shall be valid and binding upon the Parties. g. Ownership of Work Product. Should Provider’s performance of this Agreement generate documents, items or things that are specific to this Project such documents, items or things shall become the property of the County and may be used on any other project without additional compensation to the Provider. The use of the documents, items or things by the County or by any person or entity for any purpose other than the Project as set forth in this Agreement shall be at the full risk of the County. h. Non-Appropriation. Provider acknowledges that County is a governmental entity, and the validity of this Agreement is based upon the availability of public funding under the authority of its statutory mandate. In the event that public funds are unavailable or not appropriated for the performance of County’s obligations under this Agreement, then this Agreement shall automatically expire without penalty to County immediately upon written notice to Provider of the unavailability or non-appropriation of public funds. It is expressly agreed that County shall not activate this non-appropriation provision for its convenience or to circumvent the requirements of this Agreement. In the event of a change in the County’s statutory authority, mandate or mandated functions, by state or federal legislative or regulatory action, which adversely affects County’s authority to continue its obligations under this Agreement, then this Agreement shall automatically terminate without penalty to County upon written notice to Provider DocuSign Envelope ID: 15F06E73-A972-4F37-AA44-63A9F30F60BB Revised 01/24 7 of such limitation or change in County’s legal authority. i. Signatures. This Agreement together with any amendments or modifications may be executed electronically. All electronic signatures affixed hereto evidence the consent of the Parties to utilize electronic signatures and the intent of the Parties to comply with Article 11A and Article 40 of North Carolina General Statute Chapter 66. j. Notices. Any notice required by this Agreement shall be in writing and delivered by certified or registered mail, return receipt requested to the following: Orange County Provider’s Name Attention:Amy Eckberg Willdan P.O. Box 8181 16810 Kent Drive Hillsborough, NC 27278 Huntersville NC 28078 [SIGNATURE PAGE TO FOLLOW] DocuSign Envelope ID: 15F06E73-A972-4F37-AA44-63A9F30F60BB Revised 01/24 8 IN WITNESS WHEREOF, the Parties, by and through their authorized agents, have hereunder set their hands and seal, all as of the day and year first above written. ORANGE COUNTY: PROVIDER: By: _________________________________ By: __________________________________ Printed Name and Title DocuSign Envelope ID: 15F06E73-A972-4F37-AA44-63A9F30F60BB 4/22/2024 Regional Sales Manager4/25/2024County Manager Revised 01/24 9 ORANGE COUNTY—INTERNAL USE ONLY ______________________________________________________________________________ Finance Information Vendor Name: Willdan Vendor Contact Person: Eileen Thorsos Phone: 919-909-9396 Address: 16810 Kenton Drive, Suite 240 City Huntersville State: NC Zip: 28078 Department: County Manager Amount: $11,878.35 Purpose: LED Lights Budget Code(s): 61210335-803083-30051 Vendor # 68430 Vendor Status with NCSOS: Vendor is a BOCC consultant: Yes No Contract Details Contract Type: New Amendment (Original Contract: ) (Most Recent Amendment ) Effective Date April 16, 2024 End Date December 31, 2024 Notice Date (Notice Purpose ) Award Approved by Board (Agenda Date: ); Made or Administered by Signature Authority - BOCC Express Delegation (Agenda Date: ) - Policy 9.4: Under $5,000; Service Under $90,000; Construction Under $250,000 - Budget Policy Section XV (Capital Improvement Project: ) Bidding Informal Bidding ($30k-$90k); Formal RFP ($90k+); Other (<$30k); Exception(# ) Department Affirmation This agreement is approved as to technical form and content and I as Department Director affirmatively state work on this project has not been initiated prior to execution of the agreement. This agreement is approved as to technical form and content. Services related to this agreement have already begun or been completed. Description of the nature of the emergency condition that was addressed: Department Director’s Signature ________________________________________ Date: ________ Information Technologies This agreement has been reviewed and is approved as to information technology content and specifications: Office of the Chief Information Officer___________________________________ Date: ________ Inapplicable because no hardware/software purchases or related services Risk Management This agreement is approved for sufficiency of insurance standards, specifications, and requirements: Office of the Risk Management Officer___________________________________ Date: _________ Financial Services This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act: Office of the Chief Financial Officer ____________________________________ Date: _________ Legal Services This agreement is approved as to legal form and sufficiency: Office of the County Attorney __________________________________________Date: ________ Clerk to the Board All Docusign contracts must be copied to the Clerk upon completion: occlerkdocs@orangecountync.gov The following signature block is for hard copies only and is not required for Docusign contracts: Received for record retention: Office of the Clerk to the Board __________________________________________Date:________ DocuSign Envelope ID: 15F06E73-A972-4F37-AA44-63A9F30F60BB 4/22/2024 4/25/2024 4/25/2024 4/25/2024 Duke Energy Small Business Energy Saver Program Energy Efficiency Proposal Presented to: Social Services Amy Eckberg (Environmental) Orange County 113 Mayo St Hillsborough, NC, 27278 919-245-2626 Aeckberg@orangecountync.gov Presented by: Eileen Thorsos Energy Service Representative WILLDAN 16810 Kenton Drive, Suite 240 Huntersville, NC 28078 919-909-9396 ethorsos@willdan.com This proposal includes the following sections: 2 Summary 3 Payment Options 4 Scope of Work 15 Delivery Plan 16 Participation Agreement 20 Payment Information Attachment 1DocuSign Envelope ID: 15F06E73-A972-4F37-AA44-63A9F30F60BB Propos al Provided By :DEC00266795.4 Page 2 Summary Your business could spend up to $7,900 less on energy per year if you take advantage of our energy efficiency upgrades we are proposing. R ed u ce Ma int enance Costs Enh an ce Employee Productivity Increase Cust omer Comfort t o Improve Sales Impr o ve Workpla ce Safety and Reduce Potential Hazards $1 Mon th $1 Year $5 Year s Savings after $658.34 Savings after $7,900.11 Savings after $39,500.55 Total Upgrade Cost $41,272.40 Utility Incentive (70%)$28,074.23 Your Cost (30%) *$13,198.17 Est. Annual Savings **$7,900.11/yr Est. Investment Payback ***20 Months Est. 1st Yr Return on Investment 60% * T his as s umes Cus tomer c ontribution to be paid in equal pay ments up to 24 months . ** Es timated sav ings in dollars is bas ed on a blended r ate of $0.071 per k Wh, $ per Therm, applied to projec ted k Wh and Therm s av ings amounts . See Sc ope of Work for a detailed break down of ener gy s av ings . *** Estimated Inv es tment Pay bac k is the amount of time it is ex pec ted to tak e to recov er the projec t's inv es tment through energy s av ings , div iding initial ins talled c os t by the annual ener gy c os t s av ings . VALUE ADDED BENEFITS EST. INCOME EXPECTED FROM YOUR ENERGY EFFICIENCY INVESTMENT* DocuSign Envelope ID: 15F06E73-A972-4F37-AA44-63A9F30F60BB Propos al Provided By :DEC00266795.4 Page 3 Payment Options O ption 1:Lump Sum Payment - Best O ption! Est. Investment Payback *18 Est. 1st year return on investment 67% Deposit (0%)$0.00 Total Payment $11,878.35 10.00 % discount of $1,319.82 if you pay upgra de in full after completion * Estimated Investment Payb ack is th e amoun t of time it is expected to take to recover the project's investmen t th rough en ergy savings, divid in g in itial in stalled cost by th e ann u al energy cost savings. O ption 2:Financ ing O ptions Term 12 Months 24 Months 36 Months Monthly S avings $658.34 $658.34 $658.34 Monthly Payment $1,099.85 $549.92 $366.62 Monthly Cash Flow ($441.51)$108.42 $291.72 Term 48 Months 60 Months Monthly S avings $658.34 $658.34 Monthly Payment $274.96 $219.97 Monthly Cash Flow $383.38 $438.37 Payment plans are offered through Nation al Energy Improvemen t Fun d (the "Len der"). Participatin g C ustomers mu st qu alify separately. DocuSign Envelope ID: 15F06E73-A972-4F37-AA44-63A9F30F60BB Propos al Provided By :DEC00266795.4 Page 4 Scope of Work Customer: Social Services Program Energy Efficiency Measures Customer Notes : In te rior o nly. Existing Measure Propos ed Meas ure Line Location Existing Type Qty Proposed Type Qty Est. Energy Savings by Line Item 1 Interior: Vestibule (2) 17w Quad Compact Fluorescent Lamp. 7 will be retrofit with a LED Can Retrofit Kit <=11W, Configure to 11W, DIM, Hardwire, Selectable Color Temp 7 Watts: 259 kWh: 608 Est. Hours: 2,346 2 Interior: Main halls A 2x4, 2-Lamp T8 NP Fluorescent Fixture 92 will be Retrofit with (2) 4' RLED 4100K Lamps. 92 Watts: 3,312 kWh: 11,225 Est. Hours: 3,389 3 Interior: Main halls A 2x4, 2-Lamp T8 NP Fluorescent Fixture 42 will be Retrofit with (2) 4' RLED 4100K Lamps. 42 Watts: 1,512 kWh: 13,245 Est. Hours: 8,760 4 Interior: Main halls (2) 17w Quad Compact Fluorescent Lamp. 2 will be retrofit with a LED Can Retrofit Kit <=11W, Configure to 11W, DIM, Hardwire, Selectable Color Temp 2 Watts: 74 kWh: 251 Est. Hours: 3,389 5 Interior: Lobby A 2x4, 2-Lamp T8 NP Fluorescent Fixture 6 will be Retrofit with (2) 4' RLED 4100K Lamps. 6 Watts: 216 kWh: 507 Est. Hours: 2,346 6 Interior: Lobby A 2x4, 2-Lamp T8 NP Fluorescent Fixture 2 will be Retrofit with (2) 4' RLED 4100K Lamps. 2 Watts: 72 kWh: 631 Est. Hours: 8,760 7 Interior: Lobby (2) 17w Quad Compact Fluorescent Lamp. 5 will be retrofit with a LED Can Retrofit Kit <=11W, Configure to 11W, DIM, Hardwire, Selectable Color Temp 5 Watts: 185 kWh: 434 Est. Hours: 2,346 8 Interior: Play room A 2x4, 2-Lamp T8 NP Fluorescent Fixture 2 will be Retrofit with (2) 4' RLED 4100K Lamps. 2 Watts: 72 kWh: 169 Est. Hours: 2,346 9 Interior: Front restrooms A 1x4, 2-Lamp T8 NP Fluorescent Fixture 5 will be Retrofit with (2) 4' RLED 4100K Lamps. 5 Watts: 180 kWh: 422 Est. Hours: 2,346 10 Interior: Front restrooms A 1x4, 2-Lamp T8 NP Fluorescent Fixture 1 will be Retrofit with (2) 4' RLED 4100K Lamps. 1 Watts: 36 kWh: 28 Est. Hours: 626 DocuSign Envelope ID: 15F06E73-A972-4F37-AA44-63A9F30F60BB Propos al Provided By :DEC00266795.4 Page 5 Scope of Work Customer: Social Services Program Energy Efficiency Measures Customer Notes : In te rior o nly. Existing Measure Propos ed Meas ure Line Location Existing Type Qty Proposed Type Qty Est. Energy Savings by Line Item 10 Interior: Front restrooms Install a line voltage wall mounted dual technology occupancy sensor. 1 Est. Hours: 0 11 Interior: Offices A 2x4, 4-Lamp T8 NP Fluorescent Fixture 6 will be Retrofit with (4) 4' RW RLED 4100K Lamps. 6 Watts: 480 kWh: 375 Est. Hours: 782 12 Interior: Side hall A 2x4, 2-Lamp T8 NP Fluorescent Fixture 4 will be Retrofit with (2) 4' RLED 4100K Lamps. 4 Watts: 144 kWh: 1,261 Est. Hours: 8,760 13 Interior: Offices A 2x4, 3-Lamp T8 NP Fluorescent Fixture 2 will be Retrofit with (3) 4' RLED 4100K Lamps. 2 Watts: 114 kWh: 238 Est. Hours: 2,086 14 Interior: Offices A 2x4, 4-Lamp T8 NP Fluorescent Fixture 1 will be Retrofit with (4) 4' RW RLED 4100K Lamps. 1 Watts: 80 kWh: 167 Est. Hours: 2,086 15 Interior: Closet A 1x4, 2-Lamp T8 NP Fluorescent Fixture 1 will be Retrofit with (2) 4' RLED 4100K Lamps. 1 Watts: 36 kWh: 6 Est. Hours: 156 16 Interior: Meeting room 129 A 1x4, 3-Lamp T8 NP Fluorescent Fixture 20 will be Retrofit with (3) 4' RLED 4100K Lamps. 20 Watts: 1,140 kWh: 297 Est. Hours: 261 17 Interior: Meeting room 129 (2) 17w Quad Compact Fluorescent Lamp. 23 will be retrofit with a LED Can Retrofit Kit <=11W, Configure to 11W, DIM, Hardwire, Selectable Color Temp 23 Watts: 851 kWh: 222 Est. Hours: 261 18 Interior: Closet A 1x4, 2-Lamp T8 NP Fluorescent Fixture 4 will be Retrofit with (2) 4' RLED 4100K Lamps. 4 Watts: 144 kWh: 23 Est. Hours: 156 19 Interior: Electrical A 2x4, 2-Lamp T8 NP Fluorescent Fixture 1 will be Retrofit with (2) 4' RLED 4100K Lamps. 1 Watts: 36 kWh: 6 Est. Hours: 156 DocuSign Envelope ID: 15F06E73-A972-4F37-AA44-63A9F30F60BB Propos al Provided By :DEC00266795.4 Page 6 Scope of Work Customer: Social Services Program Energy Efficiency Measures Customer Notes : In te rior o nly. Existing Measure Propos ed Meas ure Line Location Existing Type Qty Proposed Type Qty Est. Energy Savings by Line Item 20 Interior: Event kitchen A 2x4, 3-Lamp T8 NP Fluorescent Fixture 3 will be Retrofit with (3) 4' RLED 4100K Lamps. 3 Watts: 171 kWh: 27 Est. Hours: 156 22 Interior: Restrooms A 1x4, 2-Lamp T8 NP Fluorescent Fixture 3 will be Retrofit with (2) 4' RLED 4100K Lamps. 3 Watts: 108 kWh: 113 Est. Hours: 835 22 Interior: Restrooms Install a line voltage wall mounted dual technology occupancy sensor. 3 Est. Hours: 0 23 Interior: Restrooms (2) 17w Quad Compact Fluorescent Lamp. 2 will be retrofit with a LED Can Retrofit Kit <=11W, Configure to 11W, DIM, Hardwire, Selectable Color Temp 2 Watts: 74 kWh: 39 Est. Hours: 521 24 Interior: Custodian A 1x4, 2-Lamp T8 NP Fluorescent Fixture 1 will be Retrofit with (2) 4' RLED 4100K Lamps. 1 Watts: 36 kWh: 6 Est. Hours: 156 25 Interior: Classroom 131 A 2x4, 4-Lamp T8 NP Fluorescent Fixture 4 will be Retrofit with (4) 4' RW RLED 4100K Lamps. 4 Watts: 320 kWh: 250 Est. Hours: 782 26 Interior: Side hall A 1x8, 4-Lamp T8 NP Fluorescent Fixture 1 will be Retrofit with (4) 4' RW RLED 4100K Lamps. 1 Watts: 80 kWh: 701 Est. Hours: 8,760 27 Interior: Computer lab A 2x4, 4-Lamp T8 NP Fluorescent Fixture 4 will be Retrofit with (4) 4' RW RLED 4100K Lamps. 4 Watts: 320 kWh: 167 Est. Hours: 521 28 Interior: Classroom 132 A 2x4, 3-Lamp T8 NP Fluorescent Fixture 4 will be Retrofit with (3) 4' RLED 4100K Lamps. 4 Watts: 228 kWh: 178 Est. Hours: 782 29 Interior: Offices A 2x4, 3-Lamp T8 NP Fluorescent Fixture 10 will be Retrofit with (3) 4' RLED 4100K Lamps. 10 Watts: 570 kWh: 1,189 Est. Hours: 2,086 DocuSign Envelope ID: 15F06E73-A972-4F37-AA44-63A9F30F60BB Propos al Provided By :DEC00266795.4 Page 7 Scope of Work Customer: Social Services Program Energy Efficiency Measures Customer Notes : In te rior o nly. Existing Measure Propos ed Meas ure Line Location Existing Type Qty Proposed Type Qty Est. Energy Savings by Line Item 30 Interior: Offices A 2x4, 4-Lamp T8 NP Fluorescent Fixture 1 will be Retrofit with (4) 4' RW RLED 4100K Lamps. 1 Watts: 80 kWh: 4 Est. Hours: 52 31 Interior: Board room A 1x4, 3-Lamp T8 NP Fluorescent Fixture 4 will be Retrofit with (3) 4' RLED 4100K Lamps. 4 Watts: 228 kWh: 119 Est. Hours: 521 32 Interior: Board room (2) 17w Quad Compact Fluorescent Lamp. 9 will be retrofit with a LED Can Retrofit Kit <=11W, Configure to 7W, DIM, Hardwire, Selectable Color Temp 9 Watts: 369 kWh: 192 Est. Hours: 521 33 Interior: Restrooms A 1x4, 2-Lamp T8 NP Fluorescent Fixture 1 will be Retrofit with (2) 4' RLED 4100K Lamps. 1 Watts: 36 kWh: 38 Est. Hours: 835 33 Interior: Restrooms Install a line voltage wall mounted dual technology occupancy sensor. 1 Est. Hours: 0 34 Interior: Data A 2x4, 3-Lamp T8 NP Fluorescent Fixture 1 will be Retrofit with (3) 4' RLED 4100K Lamps. 1 Watts: 57 kWh: 9 Est. Hours: 156 35 Interior: Workroom A 2x4, 2-Lamp T8 NP Fluorescent Fixture 3 will be Retrofit with (2) 4' RLED 4100K Lamps. 3 Watts: 108 kWh: 253 Est. Hours: 2,346 36 Interior: Library - open office A 2x4, 3-Lamp T8 NP Fluorescent Fixture 3 will be Retrofit with (3) 4' RLED 4100K Lamps. 3 Watts: 171 kWh: 134 Est. Hours: 782 38 Interior: Recycling A 1x4, 2-Lamp T8 NP Fluorescent Fixture 1 will be Retrofit with (2) 4' RLED 4100K Lamps. 1 Watts: 36 kWh: 9 Est. Hours: 261 39 Interior: Workroom A 2x4, 3-Lamp T8 NP Fluorescent Fixture 2 will be Retrofit with (3) 4' RLED 4100K Lamps. 2 Watts: 114 kWh: 267 Est. Hours: 2,346 DocuSign Envelope ID: 15F06E73-A972-4F37-AA44-63A9F30F60BB Propos al Provided By :DEC00266795.4 Page 8 Scope of Work Customer: Social Services Program Energy Efficiency Measures Customer Notes : In te rior o nly. Existing Measure Propos ed Meas ure Line Location Existing Type Qty Proposed Type Qty Est. Energy Savings by Line Item 40 Interior: Workroom A 2x4, 2-Lamp T8 NP Fluorescent Fixture 1 will be Retrofit with (2) 4' RLED 4100K Lamps. 1 Watts: 36 kWh: 84 Est. Hours: 2,346 41 Interior: Offices A 2x4, 3-Lamp T8 NP Fluorescent Fixture 6 will be Retrofit with (3) 4' RLED 4100K Lamps. 6 Watts: 342 kWh: 713 Est. Hours: 2,086 42 Interior: Offices A 2x4, 4-Lamp T8 NP Fluorescent Fixture 6 will be Retrofit with (4) 4' RW RLED 4100K Lamps. 6 Watts: 480 kWh: 75 Est. Hours: 156 43 Interior: Offices A 2x4, 3-Lamp T8 NP Fluorescent Fixture 2 will be Retrofit with (3) 4' RLED 4100K Lamps. 2 Watts: 114 kWh: 238 Est. Hours: 2,086 44 Interior: Warehouse A 2x4, 4-Lamp T8 NP Fluorescent Fixture 18 will be Retrofit with (4) 4' RLED 4100K Lamps. 18 Watts: 1,260 kWh: 11,038 Est. Hours: 8,760 45 Interior: Warehouse A 2x4, 4-Lamp T8 NP Fluorescent Fixture 19 will be Retrofit with (4) 4' RW RLED 4100K Lamps. 19 Watts: 1,520 kWh: 13,315 Est. Hours: 8,760 46 Interior: Warehouse storage A 2x4, 4-Lamp T8 NP Fluorescent Fixture 7 will be Retrofit with (4) 4' RW RLED 4100K Lamps. 7 Watts: 560 kWh: 146 Est. Hours: 261 47 Interior: Warehouse storage A 1x4, 2-Lamp T8 NP Fluorescent Fixture 1 will be Retrofit with (2) 4' RLED 4100K Lamps. 1 Watts: 36 kWh: 9 Est. Hours: 261 48 Interior: Warehouse upstairs A 2x4, 4-Lamp T8 NP Fluorescent Fixture 26 will be Retrofit with (4) 4' RW RLED 4100K Lamps. 26 Watts: 2,080 kWh: 18,221 Est. Hours: 8,760 49 Interior: Warehouse storage A 2x4, 4-Lamp T8 NP Fluorescent Fixture 5 will be Retrofit with (4) 4' RW RLED 4100K Lamps. 5 Watts: 400 kWh: 104 Est. Hours: 261 DocuSign Envelope ID: 15F06E73-A972-4F37-AA44-63A9F30F60BB Propos al Provided By :DEC00266795.4 Page 9 Scope of Work Customer: Social Services Program Energy Efficiency Measures Customer Notes : In te rior o nly. Existing Measure Propos ed Meas ure Line Location Existing Type Qty Proposed Type Qty Est. Energy Savings by Line Item 50 Interior: Custodian A 1x4, 2-Lamp T8 NP Fluorescent Fixture 1 will be Retrofit with (2) 4' RLED 4100K Lamps. 1 Watts: 36 kWh: 6 Est. Hours: 156 51 Interior: Laundry A 1x4, 2-Lamp T8 NP Fluorescent Fixture 1 will be Retrofit with (2) 4' RLED 4100K Lamps. 1 Watts: 36 kWh: 28 Est. Hours: 782 52 Interior: Laundry (2) 17w Quad Compact Fluorescent Lamp. 1 will be retrofit with a LED Can Retrofit Kit <=11W, Configure to 11W, DIM, Hardwire, Selectable Color Temp 1 Watts: 37 kWh: 29 Est. Hours: 782 53 Interior: Rear restrooms A 1x4, 2-Lamp T8 NP Fluorescent Fixture 7 will be Retrofit with (2) 4' RLED 4100K Lamps. 7 Watts: 252 kWh: 591 Est. Hours: 2,346 54 Interior: Break room A 2x4, 2-Lamp T8 NP Fluorescent Fixture 7 will be Retrofit with (2) 4' RLED 4100K Lamps. 7 Watts: 252 kWh: 394 Est. Hours: 1,564 55 Interior: Side hall A 1x4, 2-Lamp T8 NP Fluorescent Fixture 1 will be Retrofit with (2) 4' RLED 4100K Lamps. 1 Watts: 36 kWh: 315 Est. Hours: 8,760 56 Interior: Workroom A 2x4, 3-Lamp T8 NP Fluorescent Fixture 2 will be Retrofit with (3) 4' RLED 4100K Lamps. 2 Watts: 114 kWh: 178 Est. Hours: 1,564 57 Interior: Conference A 2x4, 3-Lamp T8 NP Fluorescent Fixture 2 will be Retrofit with (3) 4' RLED 4100K Lamps. 2 Watts: 114 kWh: 59 Est. Hours: 521 58 Interior: Offices A 2x4, 4-Lamp T8 NP Fluorescent Fixture 97 will be Retrofit with (4) 4' RW RLED 4100K Lamps. 97 Watts: 7,760 kWh: 12,139 Est. Hours: 1,564 59 Interior: Group office A 2x4, 3-Lamp T8 NP Fluorescent Fixture 4 will be Retrofit with (3) 4' RLED 4100K Lamps. 4 Watts: 228 kWh: 59 Est. Hours: 261 DocuSign Envelope ID: 15F06E73-A972-4F37-AA44-63A9F30F60BB Propos al Provided By :DEC00266795.4 Page 10 Scope of Work Customer: Social Services Program Energy Efficiency Measures Customer Notes : In te rior o nly. Existing Measure Propos ed Meas ure Line Location Existing Type Qty Proposed Type Qty Est. Energy Savings by Line Item 60 Interior: Offices A 2x4, 3-Lamp T8 NP Fluorescent Fixture 38 will be Retrofit with (3) 4' RLED 4100K Lamps. 38 Watts: 2,166 kWh: 4,518 Est. Hours: 2,086 61 Interior: Atriums A 1x4, 3-Lamp T8 NP Fluorescent Fixture 47 will be Retrofit with (3) 4' RLED 4100K Lamps. 47 Watts: 2,679 kWh: 9,080 Est. Hours: 3,389 62 Interior: Atriums A 1x4, 3-Lamp T8 NP Fluorescent Fixture 1 will be Retrofit with (3) 4' RLED 4100K Lamps. 1 Watts: 57 kWh: 499 Est. Hours: 8,760 63 Interior: Interview A 2x4, 3-Lamp T8 NP Fluorescent Fixture 2 will be Retrofit with (3) 4' RLED 4100K Lamps. 2 Watts: 114 kWh: 59 Est. Hours: 521 64 Interior: Closet A 1x4, 2-Lamp T8 NP Fluorescent Fixture 1 will be Retrofit with (2) 4' RLED 4100K Lamps. 1 Watts: 36 kWh: 6 Est. Hours: 156 65 Interior: Workroom A 2x4, 4-Lamp T8 NP Fluorescent Fixture 2 will be Retrofit with (4) 4' RLED 4100K Lamps. 2 Watts: 140 kWh: 329 Est. Hours: 2,346 66 Interior: Conference A 2x4, 3-Lamp T8 NP Fluorescent Fixture 2 will be Retrofit with (3) 4' RLED 4100K Lamps. 2 Watts: 114 kWh: 59 Est. Hours: 521 67 Interior: CPS Visitation rooms (2) 17w Quad Compact Fluorescent Lamp. 16 will be retrofit with a LED Can Retrofit Kit <=11W, Configure to 11W, DIM, Hardwire, Selectable Color Temp 16 Watts: 592 kWh: 309 Est. Hours: 521 68 Interior: CPS Observation A 2x4, 3-Lamp T8 NP Fluorescent Fixture 2 will be Retrofit with (3) 4' RLED 4100K Lamps. 2 Watts: 114 kWh: 119 Est. Hours: 1,043 69 Interior: Closet A 1x4, 2-Lamp T8 NP Fluorescent Fixture 1 will be Retrofit with (2) 4' RLED 4100K Lamps. 1 Watts: 36 kWh: 6 Est. Hours: 156 DocuSign Envelope ID: 15F06E73-A972-4F37-AA44-63A9F30F60BB Propos al Provided By :DEC00266795.4 Page 11 Scope of Work Customer: Social Services Program Energy Efficiency Measures Customer Notes : In te rior o nly. Existing Measure Propos ed Meas ure Line Location Existing Type Qty Proposed Type Qty Est. Energy Savings by Line Item 70 Interior: Data A 2x4, 2-Lamp T8 NP Fluorescent Fixture 1 will be Retrofit with (2) 4' RLED 4100K Lamps. 1 Watts: 36 kWh: 6 Est. Hours: 156 71 Interior: Storage A 2x4, 2-Lamp T8 NP Fluorescent Fixture 1 will be Retrofit with (2) 4' RLED 4100K Lamps. 1 Watts: 36 kWh: 6 Est. Hours: 156 72 Interior: Electrical A 1x4, 2-Lamp T8 NP Fluorescent Fixture 1 will be Retrofit with (2) 4' RLED 4100K Lamps. 1 Watts: 36 kWh: 6 Est. Hours: 156 73 Interior: Restrooms A 1x4, 2-Lamp T8 NP Fluorescent Fixture 2 will be Retrofit with (2) 4' RLED 4100K Lamps. 2 Watts: 72 kWh: 113 Est. Hours: 1,252 73 Interior: Restrooms Install a line voltage wall mounted dual technology occupancy sensor. 2 Est. Hours: 0 74 Interior: Central open office (2) 17w Quad Compact Fluorescent Lamp. 4 will be retrofit with a LED Can Retrofit Kit <=11W, Configure to 11W, DIM, Hardwire, Selectable Color Temp 4 Watts: 148 kWh: 347 Est. Hours: 2,346 75 Interior: Central open office A 2x4, 3-Lamp T8 NP Fluorescent Fixture 13 will be Retrofit with (3) 4' RLED 4100K Lamps. 13 Watts: 741 kWh: 1,932 Est. Hours: 2,607 76 Interior: Central open office A 2x4, 2-Lamp T8 NP Fluorescent Fixture 1 will be Retrofit with (2) 4' RLED 4100K Lamps. 1 Watts: 36 kWh: 94 Est. Hours: 2,607 91 Water: Showerheads Inefficient Water Control 3 will be retrofit with a Shower Head, 1.5 GPM, Hand Held 3 kWh: 990 Est. Hours: 52 92 Water: Kitchen-style aerators Inefficient Water Control 3 will be retrofit with a Faucet Aerator in kitchen, 1 GPM 3 kWh: 913 Est. Hours: 52 DocuSign Envelope ID: 15F06E73-A972-4F37-AA44-63A9F30F60BB Propos al Provided By :DEC00266795.4 Page 12 Scope of Work Customer: Social Services Program Energy Efficiency Measures Customer Notes : In te rior o nly. Existing Measure Propos ed Meas ure Line Location Existing Type Qty Proposed Type Qty Est. Energy Savings by Line Item Auto Interior: Meeting room 129 Lift Required for installation 1 Scissor Lift Rental 1 Week 1 Est. Hours: 0 Auto Interior: Meeting room 129 Lift Required for installation 1 Lift Delivery 1 Est. Hours: 0 An n u al Energ y Savings 110,981 kWh 17936.10 Water (Gal) 17936.10 Sewer (Gal) Peak Demand *34.93 kW * 1000 Watts = 1 kW DocuSign Envelope ID: 15F06E73-A972-4F37-AA44-63A9F30F60BB Propos al Provided By :DEC00266795.4 Page 13 Initial: [[SertifiInitial_1]] Existing Measure Propos ed Meas ure Line Location Existing Type Qty Proposed Type Qty Notes 21 Interior: Cafe No Access 1 No Retrofit 1 All LED from past SBES installation 37 Interior: File storage 619 A 1x4, 2-Lamp T8 NP Fluorescent Fixture 20 will be Retrofit with (2) 4' High Lumen T8 RLED 4100K Lamps. 20 Aisles are narrow 2’ ish w/ file labels. Likely need ladder access. Need clear access in aisles - customer will provide. Or may exclude it. 77 Exterior: Canopies (2) 17w Quad Compact Fluorescent Lamp. 3 will be retrofit with a LED Can Retrofit Kit <=11W, Configure to 11W, DIM, Hardwire, Selectable Color Temp 3 All exterior cans 6”, EM 78 Exterior: Canopies (2) 17w Quad Compact Fluorescent Lamp. 3 will be retrofit with a LED Can Retrofit Kit <=11W, Configure to 11W, DIM, Hardwire, Selectable Color Temp 3 All exterior cans 6”, EM 79 Exterior: Canopies (2) 17w Quad Compact Fluorescent Lamp. 1 will be retrofit with a LED Can Retrofit Kit <=11W, Configure to 11W, DIM, Hardwire, Selectable Color Temp 1 All exterior cans 6”, EM 80 Exterior: Canopies (2) 17w Quad Compact Fluorescent Lamp. 2 will be retrofit with a LED Can Retrofit Kit <=11W, Configure to 11W, DIM, Hardwire, Selectable Color Temp 2 All exterior cans 6”, EM 81 Exterior: Wall fixtures (2) 40w Twin Compact Fluorescent Lamp. 4 No Retrofit 4 EM down-facing wallpacks - 2 in front, 2+2 in rear 82 Exterior: Wall fixtures Existing 30W LED Fixture 1 No Retrofit 1 83 Exterior: Poles A 400w Metal Halide Fixture 21 will be replaced with a new LED AREA, TYPE 3,191.5W, 480V, 4000K 16 Convert 4-headed poles to 3 heads @ LED192. Light output is staff concern. Likely 480V. Grey tapered poles, confirm bronze heads ok. Direct mount. 4 fixtures per pole x 5 — convert to 3 each, + 1 solo Surveyed (Not Included in Proposal) DocuSign Envelope ID: 15F06E73-A972-4F37-AA44-63A9F30F60BB Propos al Provided By :DEC00266795.4 Page 14 84 Exterior: Wall fixtures A 175w Metal Halide Fixture 8 will be replaced with a LED 20W Wall Pack, Adjustable Cut-Off, Selectable CCT, 120- 277V PC 8 Hard conduit on either side of existing fixtures — need to rework. On Orange Works meter. Set to 3000K 84 Exterior: Wall fixtures Integrated Fixture Sensor - Photocell 8 Hard conduit on either side of existing fixtures — need to rework. On Orange Works meter. Set to 3000K 85 Exterior: Wall fixtures A 150w Metal Halide Fixture 1 will be replaced with a LED 10W Wall Pack, Adjustable Cut-Off, Selectable CCT, 120- 277V PC 1 Over back double door 85 Exterior: Wall fixtures Integrated Fixture Sensor - Photocell 1 Over back double door 86 Exterior: Wall fixtures A 500w Incandescent Quartz Fixture 1 will be replaced with a New 35W LED Flood Fixture with optional PC and selectable color temperature. 1 May have motion sensor 87 Exterior: Wall fixtures (2) 40w Twin Compact Fluorescent Lamp. 3 No Retrofit 3 EM down-facing wallpacks - in rear. Back walkway 3’ between curb & gas equipment 88 Misc: Pole adapters ACCESSORIES 800 Misc. Materials 800 89 Misc: Exterior EM cans ACCESSORIES 1170 Misc. Materials 1170 EM backup & jbox for EM cans 90 Misc: Exterior EM cans ACCESSORIES 225 Add Subcontractor Labor 225 EM backup labor for EM cans DocuSign Envelope ID: 15F06E73-A972-4F37-AA44-63A9F30F60BB Propos al Provided By :DEC00266795.4 Page 15 Deliv ery Plan Your Energy Savings - Simplified By participating in this program your business has the opportunity to save energy and improve your bottom line. T he Small Business Energy Saver demonstrates Duke Energy's commitment to affordable and broad reaching solutions that simplify energy efficiency decisions for all customers. Our team's goal is to ensure the process of saving energy is as easy as 1-2-3. 1. Preparation Once the participation agreem ent is complete, your project is setup and equipment is ordered. Based on the availability of the new equipment and the size of your project, orders typically arr ive within 3-6 weeks 2. Installation Once the m aterial arr ives, your local installation contractor will call and schedule a convenient installation date. The day prior to your scheduled installation appointment, the installation contractor will contact you to confirm the appointment. On installation day, the contractor will review the scope of work and safety requirements with you, and proceed to perform the installation with as minimal an im pact as possible to your operations. 3. Completion Upon completion of the work, the Contractor will request a signed Project Completion Form to validate that the project was completed per the participation agreement and that you are completely satisfied. Support and War r anty We are here to help every step of the way. To check in on the status of your project or request equipment warranty support, please call the Small Business Energy Saver Team anytime at: 855-232-1042 www.sbeswarranty.com T he Small Business Energy Saver team is committed to 100% customer satisfaction. We will send you a satisfaction survey to collect information on your overall experience. We are always seeking to improve the program and your feedback is very important to us. Thank you for your partici pation in the program and for your comm itment to saving energy! DocuSign Envelope ID: 15F06E73-A972-4F37-AA44-63A9F30F60BB Propos al Provided By :DEC00266795.4 Page 16 Par ticipation Agreement Business Name:Social Services Address:Po Box 8181, Hillsborough , NC, 27278 Duke Energy Customer Name:Orange County Facility Address:113 Mayo St, Hillsborough , NC, 27278 Phone: 919-245-2626 Fax: (919) 245-2626 E-Mail Address:Aeckberg@orangecountync.gov W illdan Project Number:DEC00266795.4 SU MMARY OF PROPOSAL PU RCHASE PRICE F inal Purchase Price $39,952.58 Proj ect Incentive $28,074.23 Customer Deposi ts $0.00 Customer Bal ance $11,878.35 PAYMENT TERMS Number of Months:1 Monthly Payment Amount:$11,878.35 Discounted Customer Pri ce:$11,878.35 Mon th ly Paymen t Amou n t is approximate. Th e actual Monthly Payment A mou nt will be specified in the F in ancin g A greemen t betw een Participating Cu stomer and Lender PARTICIPATING CU STOMER Signature: [[SertifiSignature_1]] D ate:[[SertifiDate_1]] Print Name:Amy Eck berg Title:Environmental This Participation Agreement constitutes a contract between the individual or entity listed below in the box labelled Participating Customer (the Participating Customer) and Willdan Energy Co. (the "Company" and with the Participating Customer, a "Party" and together the "Parties"). By signing below, the Participating Customer agrees to the applicability of the terms and conditions set forth herein. An updated energy assessment may be required if the proposed scope of work is not accepted and this Participation Agreement executed within 45 days WILLDAN ENERGY CO. Name:Eileen Thorsos Title:Energy Service Representative Address:16810 Kenton D rive, Suite 240 Huntersville, NC 28078 Telephone/Fax:(919) 909-9396 / (704) 892-5907 Email:ethorsos@willdan.com T he Participating Customer pay s its cost contribution to Willdan Energy Co.("Company") by (check one): CERTIFICATION S TATEMENT Participating Customer certifies that the information provided in this Participation Agreement is true and accurate and that they are financially res ponsible for payment of the Duke Energy bill for the Duke Energy Customer Name and Facility Address referenced above. Participating Customer further certifies that the Meas ures described in this Participation Agreement have or will be installed in the Premises owned by the Participating Customer and the equipment installed will not be removed and resold. The Measures together with all proceeds of the purchas e price (as defined in the Extended Payment Terms and Conditions attached hereto and incorporated herein) will be used for commercial and not for consumer household or family purposes. If the Participating Customer does not own the Premises, Participating Customer hereby represents and warrants that it has obtained all necessary consents and authorizations for the Work , including, without limitation, cons ent from the owner of the P remises. Participating Customer shall solely be liable for the Work done at the Premises, whether or not owned by Participating Cus tomer, and the Company shall look solely to Participating Customer and not the owner of the Premises , for performance of Participating Customer's obligations hereunder. Participating Customer acknowledges that the rights in this Participation Agreement shall be binding upon Participating Customer's successors and permitted assigns. Participating Cus tomer agrees to incorporate this Participation Agreement by reference in leases, sales contracts, or other similar documents relating to the end use and owners hip of the Premises. Lump Sum Payment . Initial Pay ment of $0.00 upon signing this Partic ipation Agreement, with the remaining balanc e of $11,878.35 paid upon completion of the Work. 12 Payments. Partic ipating Customer pay ments over time will be made in acc ordance with the Financ ing Agreement between the Participating Cus tomer and the National Energy Improv ement Fund (the "Lender"). 24 Payments. Partic ipating Customer pay ments over time will be made in acc ordance with the Financ ing Agreement between the Participating Cus tomer and the National Energy Improv ement Fund (the "Lender"). 36 Payments. Partic ipating Customer pay ments over time will be made in acc ordance with the Financ ing Agreement between the Participating Cus tomer and the National Energy Improv ement Fund (the "Lender"). 48 Payments. Partic ipating Customer pay ments over time will be made in acc ordance with the Financ ing Agreement between the Participating Cus tomer and the National Energy Improv ement Fund (the "Lender"). 60 Payments. Partic ipating Customer pay ments over time will be made in acc ordance with the Financ ing Agreement between the Participating Cus tomer and the National Energy Improv ement Fund (the "Lender"). DocuSign Envelope ID: 15F06E73-A972-4F37-AA44-63A9F30F60BB Propos al Provided By :DEC00266795.4 Page 17 1. Program and M easure Ins tallation: Willdan Energy Co. (the "Company") will install, in a good and work manlike manner, the measures des cribed in the Scope of Work , (the "Measures"). The Company shall use commercially reas onable efforts to install the Measures within thirty (30) days of the participating customer (the "Participating Customer") signing this Small Bus iness Energy Saver Program Participation Agreement (this "Agreement"). The Company shall furnish all preliminary audit requirements , labor, equipment, materials and such other items reasonably required for the installation of the Measures (collectively, the "Work") unless noted as an exception on Proposed Scope of Work . The Work to be provided under the Small Business Energy Saver Program (the "Program") is limited to work directly associated with the evaluation and installation of Measures and shall in no way include work by the Company in connection with the correction of any existing safety issues or building code violations, whether apparent or hidden, nor shall Company or the Installation Contractor be obligated to identify or notify Participating Customer of any such safety issues or building code violations. An independent contractor (the "Installation Contractor") shall be hired by the Company to install the Measures at Participating Customer's property (the "Premises"). The Installation Contractor shall permanently disable (make them unfit for reuse) all lamps replaced pursuant to this Participation Agreement. The dis posal of any lighting equipment which is removed as a part of the Work will be the responsibility of the Company. When undertak ing the installation, the Installation Contractor or the Company, at their sole discretion, may choos e not to mak e the installation of the Measures for reasons related to safety, health concerns, code violations, discovery of unforeseen conditions, the presence of asbes tos or other reasons that may result in higher than anticipated installation costs. Notwithstanding anything to the contrary herein, the Company reserves the right to amend or rescind and terminate the offer set forth in this Agreement at any time, including after the execution of this Agreement, if in the Company's sole discretion, the cost, timing or availability of products or services regarding this Agreement changes or if there are changes materially that require Measures that are not approved for the Program incentives. The Company shall provide the Participating Customer notice of such amendment or resciss ion and termination by email, in person, or by phone. All Work shall be performed during normal business hours, Monday through Friday unless the Participating Customer, Company and Installation Contractor agree otherwise. In this cas e the Company shall not be entitled to any additional compensation for Work performed outside of such normal business hours unless agreed to in writing between the Company and Participating Customer. The Company shall use commercially reasonable efforts to mak e timely delivery and installation of equipment. In no event will the Company be responsible for lost or reduced savings or financial incentives due to delays in completion of the Work . In the event that the Work spans multiple days, the Ins tallation Contractor may store equipment and materials at the Participating Customer's facility. Title to equipment and material shall remain with the Company until it is fully paid for by Participating Cus tomer. R isk of loss for equipment and material shall pass to Participating Customer at the time equipment and/or material is delivered to the Premises. Customer shall provide Company and Installation Contractor with reasonable access to all necessary areas of the Premises during agreed upon days and hours.The Company or Installation Contractor may discover a condition at the premises that prohibits installation of certain Meas ures, a condition that requires installation of additional measures, and/or a condition that requires different quantities of certain Measures. These additional Meas ures may include Measures that were omitted from the original Proposed Scope of Work due to certain conditions including but not limited to missed rooms, miscounts, code violations, or other unforeseen omissions, collectively to be known as "the Amended Measures." In the event that the Company or Implementation Contractor discovers a condition the requires Amended Measures, the participating Cus tomer hereby consents to allow Company to install or cause to be installed (through the Installation Contractor) s uch Amended Meas ures without further notice to or authorization from Participating Customer, provided that the installation of the Amended Meas ures does not increase the Customer Price by more than ten percent (10%). Following the installation of any Amended Measures, the Company shall provide the Participating Cus tomer with a Revised Scope of Work that lists the Amended Measures and their corresponding energy savings metrics. In the case of a Measure that was not ins talled due to a condition on or at the Premises , the R evised Scope of Work s hall note that such Measure was not installed. In the event that the installation of any Amended Measures will increase the Customer Price by more than ten percent (10%), then Company shall notify the Participating Customer and shall obtain written approval from the Participating Customer before proceeding with or directing any installation of the Amended Measure(s).If the actual cost at completion of the installation is less than the estimated cost, or if the Company chooses not to install Measures in accordance with this agreement, the Company s hall adjust the Participating Customer's contribution and the final invoice accordingly. If the Participating Customer has selected a Payment Plan or Extended Payment Option, the customer's monthly payment s hall be adjusted to reflect any applicable decrease in the total amount due from Participating Customer. Init ia l : [[SertifiI nitial_1]] 2. W arranty and Disclaim ers : The Company shall provide the following warranties against all defects in material or workmanship, unless caused by the action or inaction of the Participating Customer, its agents, s ubcontractors, vendors or such other party under the control of the Participating Cus tomer: a. Workmanship Warranty - The Company shall warranty all workmanship for a period of one (1) year from the completion date of the Work. Participating Customer's s ole remedy with respect to such warranty shall be Company's repair of any defective installation. b. Material Warranty - For all material defects the Company will pass through the material warranty periods provided by the manufacturer or distributor of any material or equipment ins talled by Company at the Premises as part of the Work . The Company will act on the Participating Customer's behalf to get replacement product or credit for any material or equipment that fails within the warranty period. Manufacturer warranty periods for eligible equipment from the date of installation are as follows: Lamps - 1 year; LED Exit Signs -10 years ; Ballasts - 5 years; Fixtures - 1 year; Occupancy Sensors - 5 years; LED lamps - 5 years; LED fixtures - 5 to 10 years (depending on type/manufacturer); LED wall pack s - 5 to 10 years (depending on type/manufacturer); LED Screw-ins - 5 years c. Energy Sav ings Disclaimer - Neither Duke Energy nor the Company guarantees that the installed Measures will save any level of energy or result in the reduction in Cus tomer's electric utility bill. For lighting improvements , estimated kilowatt hour energy savings displayed in this Agreement are calculated according to the wattage saved per line in the Proposed Scope of Work multiplied by the annual hours of use per line that were indicated at the time of the energy ass essment. The Company makes no other warranties, whether express or implied, with respect to the Work, including without limitation, all warranties with respect to merchantability and fitness for a particular purpos e. Dimmer Disclosure: LED's proposed for installation on lighting circuits with exis ting dimmers, as detailed in the scope of work under this contract, may require the installation of an LED- compatible dimmer(s). Willdan does not guarantee operation of LED's on lighting circuits currently operated by existing dimmer(s), nor their compatibility with newly installed dimmer(s), and is not responsible for any costs incurred by dimmer replacement(s) or installation thereof. Construction or Product Warranty Questions For participating SBES customers, please call 1.855.232.1042 or visit www.sbeswarranty.com for any construction questions and/or warranty related iss ues. 3. Confidentiality : Without limiting the generality or specificity of any other provision of this Participation Agreement or any other agreement between Participating Customer and Company, Company and any subcontractor of Company's agrees to comply with all applicable laws, rules and regulations regarding the use, disclosure, protection and safeguarding of personally identifiable information ("PII") that Company creates or receives from or on behalf of Duke Energy Carolinas, LLC(Duke Energy) relating to the Work. Company shall only use PII for the purpose of providing the Work and will not us e or disclose PII for any other purpose, including Company's own purposes . Except to the extent neces sary to provide the Work, Company shall not use PII to create any de-identified or aggregated data without prior written consent of the Participating Customer. Company shall comply with and conform to recognized common body of knowledge standards and best practices regarding information s ecurity relating to sensitive data such as PII. Company will use and disclose only the minimum necessary amount of PII to accomplish the intended purpose of the Work . Company will employ adminis trative, physical, and technical safeguards to prevent the unauthorized use, ins ecure disclos ure, compromise, or loss of PII. Upon completion of the Work, Company s hall return or des troy all PII, keep no copies of PII, and certify in writing to the Participating Customer that such return or des truction is complete. Company will immediately report to Participating Customer any suspected or actual security incident involving any systems containing PII and any use, disclosure, compromis e, or los s of PII not authorized under this Participation Agreement. Company will fully cooperate with Participating Cus tomer in response to any such incident. Company will report to Participating Cus tomer and fully cooperate with Participating Cus tomer in responding to any complaints or questions regarding Company's or Duke Energy's privacy practices regarding PII. Company shall comply with all privacy and security policies relating to PII of Duke Energy that Duke Energyprovides to Company. Company agrees to defend, indemnify and hold harmles s Duke Energy and Participating Customer and their respective parent, officers, directors, agents, affiliates, distributors, franchisees and employees against any loss, proceeding, laws uit, claim, demand, damage, expense, or cost, including reasonable attorneys' fees (including allocated costs for in house legal services) ("Liabilities ") aris ing out of any act or omiss ion related to or a failure of Company to comply with the terms of this section of the Participation Agreement. In the event of any conflict between the indemnification provision in this section and any other indemnification provision(s) in the Participation Agreement, the indemnity provis ion more specific to the Liabilities shall apply. Par ticipation Agreement DocuSign Envelope ID: 15F06E73-A972-4F37-AA44-63A9F30F60BB Propos al Provided By :DEC00266795.4 Page 18 4. Equipm ent and Custom er Contribution: a. The estimated cost of the installation including the estimated Participating Customer's contribution is itemized on Proposal. The Participating Customer may choose one of the payment options as s et forth on the P roposal. The Company and lender shall have sole discretion in determining whether to approve Participating Customer for extended payment terms, and Participating Customer shall provide all information reasonably requested by the Company and lender with respect to making any such determination. The Company reserves the right to receive and review credit profiles on the participating customer when deciding whether to approve extended payment terms. b. if you have not paid your Lump Sum Account Balance in full within 45 days from the completion of the project, as determined by Willdan, your account is in default. If you are in default, you will forfeit any previously agreed upon discounts, including Lump Sum pricing, and must immediately pay your total portion of the unpaid Ins talment pricing project cost Account B alance in addition to a monthly Service (Finance) Charge fee equal to 1.50% of the Account Balance. If the minimum Ins talment payment due is not paid for three (3) consecutive periods and the Account Balance is greater or equal to the sum of those three (3) minimum required payments as determined by their Due Dates, your account is in default and you must immediately pay your total portion (all past due and future amounts) of the unpaid pricing project cost Account Balance in addition to a monthly Service (Finance) Charge fee equal to 1.50% of the total past due Account Balance. A Returned Payment Fee in the amount of $50.00 will be charged to your Account by Willdan for each payment on your Account, either by, credit card, ACH, check or other means, that is returned to Willdan unpaid and or dishonored. Upon project completion, any changes to the original scope of work and as sociated costs will be documented and reflected in the close out process and reflected in the Project Completion Form, including any required changes to the Extended Payment Terms and Conditions. Customer also acknowledges that the total amount due from Customer may be increased (or decreas ed) due to and in accordance with Section 1 hereof. Should the total amount due from Customer be increased or decreased pursuant to Section 1, Customer unders tands that his/her monthly payment (if Customer has selected one of the Payment Plans or the Extended Financing Option) will be automatically increased or decreased to reflect the adjusted (increased or decreased) total amount due over the applicable payment term. Customer hereby consents to and agrees to a relevant adjustment in his/her monthly payment obligation without further notice from Company. c. Any amount due from Participating Customer and not received by Company within 30 days of its due date shall bear interest at the rate of one and one-half percent (1.50%) per month from the date such invoice was originally due to Company d. Participating Customer shall pay Company or Lender, as the case may be, all costs and expenses including reas onable attorney fees and/or collection agency fees incurred in collection of any past due amounts. 5. Follow-up Vis its and On Site M onitoring: The Company, Duke Energy or agents of either party reserve the right to make a reasonable number of both pre-installation and post-ins tallation follow-up visits during the 36 months following the completion date of the Work. Such visit(s ) will be at a time convenient to the Participating Customer. The purpose of the follow-up visit(s) is to provide the Company and Duke Energy with an opportunity to evaluate the installed Measures in order to determine the actual kW reduction and energy savings for program evaluation purposes 6. Indem nification from Participating Cus tom er: As part of agreeing to participate in the Program, which includes financial incentives to reduce the Participating Customer's net project costs, the Participating Customer shall protect, indemnify, and hold harmless the Company, Lender (if applicable) and Duke Energy(including their parent, officers, directors, agents, affiliates, distributors , franchis ees and employees) from and agains t any and all claims, demands , suits, actions or causes of action, liabilities, losses, damages, judgments, settlements, penalties, costs and expenses (including without limitation, attorney's fees and expenses) (collectively, "Losses") imposed upon or incurred by or asserted against the Company, Lender (if applicable) or Duk e Energy res ulting from, arising out of, or relating to the Company's performance of this Participation Agreement, other than Losses resulting from the negligence or willful misconduct of, or the breach of this Participation Agreement by, the Company, but specifically including any Losses resulting from breach or default by Participating Customer of the terms and conditions of this Participation Agreement. This indemnity obligation under this section shall survive any expiration or termination of this Participation Agreement. 7. Indem nification from Com pany : The Company s hall indemnify and hold harmless Participating Customer from and against any and all Losses to the extent such Losses directly arise from the Company's (a) breach or default of any material provis ion of this Participation Agreement, or (b) negligent or willful misconduct in the performance of this Participation Agreement. 8. Lim itat ion on Liability : Company's liability to Participating Cus tomer for all Losses purs uant to this Participation Agreement will be limited to any invoiced amounts actually received by Company from Participating Customer with respect to the Work . Notwithstanding the foregoing, the Company and Duke Energy shall not be responsible or liable for (a) the condition, maintenance or repair of any electrical wiring or other existing condition located in or on the Premises, (b) repairs or replacements of fixtures or lamps damaged or destroyed by acts of negligence of persons not under the direct supervision of the Company, (c) delays in the completion of the Work or for failure to give notice for such delays unless such delays are caused by the negligence of the Company, or (d) for the non-performance of any of the terms or conditions of this Participation Agreement directly attributable to a strike, national emergency, act of God or any other act for which the Company and Duk e Energy are not responsible and over which Company and Duke Energy have no control. Neither the Company nor Duke Energy s hall, in any event, be liable to Participating Cus tomer for incidental, indirect, special, punitive, exemplary or consequential damages. 9. Representations of Cus tom er: Participating Customer represents, covenants and warrants to Company that Participating Cus tomer (a) has corporate or other authority to enter into and perform under the terms of this Participation Agreement; (b) will not violate any provis ions of applicable law or its organizational documents by performing under this Participation Agreement; and (c) entering into this Participation Agreement will not result in the breach of any agreement to which Participating Customer is a party. 10. Entire Agreem ent: This Participation Agreement, including all Exhibits to this Participation Agreement and all other agreements incorporated herein by reference, constitutes the entire agreement between the parties relating to the subject matter hereof and s upersedes all prior or simultaneous representations, discuss ions, negotiations, and agreements, whether written or oral with respect to the s ubject matter hereof. All provisions of this Participation Agreement shall be cons idered as separate terms and conditions and in the event any one of them shall be held illegal, invalid or unenforceable in an arbitration or by a court of competent jurisdiction, all other provisions hereof shall remain in full force and effect if the illegal, invalid or unenforceable provisions were not a part hereof 11. M iscellaneous: This Participation Agreement is not assignable except by written agreement entered into by the Parties hereto. Neither Party hereto shall unreasonably withhold consent to the other Party's assignment of this Participation Agreement. Any attempted assignment without the consent of the other Party hereto shall be null and void and of no effect. The Parties to this Participation Agreement are independent contractors . As used herein this Participation Agreement, the term ''Duke Energy'' shall mean Duke Energy Progress, Inc., Duk e Energy Carolinas, LLC., Duk e Energy Ohio, Inc., Duk e Energy Kentuck y, Inc. or Duke Energy Indiana, Inc. depending upon the Participating Customer's regulated utility account and Facility Address of this Participation Agreement. 12. Arbitrat ion: In the event of any dispute relating to this Participation Agreement, the Parties will attempt in good faith to resolve the dispute by conducting a minimum of two discussions between senior executives of each Party having authority to settle the dispute. If such discussions do not result in a resolution of the dis pute within s ixty (60) days, the dispute shall finally be settled by arbitration by a sole arbitrator in North Carolina, South Carolina, Kentucky, or Indiana in accordance with the Arbitration R ules of the American Arbitration Association ("AAA"). The arbitrator will not have the authority to award punitive damages to either Party. Each Party shall bear its own expenses, but the Parties will share equally the expens es of the arbitrator and the AAA. This Participation Agreement will be enforceable, and any arbitration award will be final, and judgment thereon may be entered in any court of competent jurisdiction. 13. G overning Law: This Agreement shall be governed by and construed in accordance with the laws of the state of North Carolina, South Carolina, Kentucky, or Indiana. 14. Custom er Res pons ibility for Additional Equipm ent and Serv ices For any additional services included in the Non-Incentivized Scope of Work, Willdan agrees to provide the work although the costs for this additional work will be the res ponsibility of the customer. Additional services may include permit fees , fixture relocations, wiring, dis posal, lift equipment, any work performed outs ide of normal business hours, costs required to maintain compliance with electrical codes, other costs listed in the following section, and any other special project applications Par ticipation Agreement DocuSign Envelope ID: 15F06E73-A972-4F37-AA44-63A9F30F60BB Propos al Provided By :DEC00266795.4 Page 19 15. Contributions for Non-Incentiv ized Work For all eligible customers , this program provides incentives of up to 80% of the cumulative fixed unit price (one-for-one replacement or retro-fit of exis ting equipment and utilizing the existing electrical wiring and mounting hardware) of measures installed by the installation contractor. Work or services outside of this defined scope should be itemized on the "Non- Incentivized Work Form." If the implementation contractor dis covers any unforeseen additional work outside of the program's s cope, the customer should be informed of this additional work and any associated costs at that time. Should any additional work be required for measure installation, the customer will reserve the right to cancel the work for which additional costs are required. All of the following will be considered additional work and all cos ts associated with them shall be the responsibility of the customers: All incremental costs for s pecialty products above the costs of s tandard equipment; All mounting requirements, wiring needs, and other material and labor costs outside the standard scope of a one-for-one replacement or retrofit of existing equipment, including wiring, material, and labor costs associated with compliance with electrical codes . All incremental costs to comply with Prevailing Wage Laws for additional work needed to complete work at the customer's premises; All costs for general waste containers delivered to the installation site (if customer cannot provide general waste containers); All aerial lifts; All staging costs; All costs related to delays to measure implementation that are caused by obstructions , immovable objects , or other impediments to reasonable access to all lighting fixtures and equipment being replaced; All costs associated with the additional time needed to stabilize equipment connected to mislabeled circuit panels; If any work is cancelled by the customer becaus e of the customer's responsibility for non- incentivized work , then all related costs, savings, and incentives proposed for the affected measures will be removed and reflected in the customer's final invoice. Par ticipation Agreement DocuSign Envelope ID: 15F06E73-A972-4F37-AA44-63A9F30F60BB Propos al Provided By :DEC00266795.4 Page 20 Payment Information Participation Custom er: ORANGE COUNTY Faci li ty Address: 113 Mayo St, Hillsborough, NC, 27278 Phone Number: 919-245-2626 Email Address: Aeck berg@orangecountync.gov Thank you f or allowing Willdan Energy Co. ("Willdan") to assist you with your energy efficiency project. We want to make the process of making payments under your payment plan as easy as possible for each customer. Deposits and Lump Sum payments will be made directly to W illdan. W e offer multiple ways to pay: DEPOSIT: If a deposit was required by your Program Agreement or Energy Savings Agreement, you will pay a deposit at the time you sign your Program Agreement or Energy Savings Agreement. This deposit amount will be deducted from the total cost of the work . This Payment Authorization Form will apply to any other amounts owed under your Program Agreement or Energy Savings Agreement. MAKING PAYMENTS: You have a number of ways to make your payments to Willdan. These payment methods will depend upon the billing option that you chose in your Program Agreement or Energy Savings Agreement. Your selection will be shown on your Project Completion Form. LUMP SUM PAYMENTS: If you elected to pay W illdan in a lump sum, you have a number of ways of mak ing your payment. You will be invoiced by W illdan for the amount due. Payments can be made using: A Paper Check: Mail your check to the f ollowing address and include your Project Number in the memo line. Willdan Energy Solutions P.O. Box 51645 Los Angeles, C A 90051-5945 Willdan's Online Payment Portal: Access to W illdan's online payment portal will be emailed to the email address provided to us. Payment can be made using our online portal by credit or debit card, or an ACH transfer f rom your bank account. Willdan's Payment by Phone Service: You can call Willdan to set up a payment by credit or debit card, or an ACH transfer from your bank account. To make payment arrangements by phone, please call 1-833-729-5463 during normal customer service hours (9:00 a.m. ET to 5:00 p.m. ET, each business day). All electronic payments are subject to the following Payment Terms and Conditions: By arranging electronic payments, you hereby represent that you authorize Willdan Energy Co., its agents, successors, and assigns, hereinafter called "we," "us," or "Company" to initiate debit entries to your card or bank account, at the bank or credit union you designate. You represent that you are an authorized signer on the account or card that you provide f or payment. You f urther authorize us to debit your card or account f or each payment owing under your Project Proposal, the Program Participation Agreement (including any payment plan terms), the Energy Savings Agreement (including any payment plan terms), and the associated Project Completion Form (collectively, the "AGREEMENTS," which incorporate any change orders or changes incorporated in the Project Completion Form). Your authorization will include the right to debit your card or account f or all amounts due under the AGREEMENTS (or such lesser or greater amount as may be owing) including any returned payment charge, insufficient funds charge, or other amounts owing under the AGREEMENTS because of your default. You acknowledge that the origination of debits to your card or account must comply with the provisions of U.S. law and the various network rules. You understand and acknowledge that you may terminate an electronic payment authorization by notifying us in such time and manner as to af ford us and your bank /credit union a reasonable opportunity to act on it. I n no event will we be able to terminate an authorization with less than five (5) days' notice. Any revocation will have no eff ect on payments previously made. IF YOU ELECT TO TERMINATE A PAYMENT AUTHORIZATION WITHOUT PROVIDING U PDATED PAYMENT INFORMATION TO COMPANY, YOU WILL BE IMMEDIATELY INV OIC ED FOR THE LU MP SUM PAYMENT AMOU NT SHOWN IN THE AGREEMENTS, LESS ANY AMOUNTS YOU PREV IOUSLY PAID. DocuSign Envelope ID: 15F06E73-A972-4F37-AA44-63A9F30F60BB Propos al Provided By :DEC00266795.4 Page 21 For payments you arrange electronically, you understand that because these are electronic transactions, these funds may be withdrawn f rom your account or card as soon as the listed payment date. I n the case of an ACH transaction being rejected f or Non-Sufficient Funds ("NSF") I understand that Willdan may, at its discretion, attempt to process the charge again within thirty (30) days, and agree to an additional $50.00 charge (or the maximum amount allowed by your state's law) for each attempt returned f or NSF which will be initiated as a separate transaction from the authorized recurring payment A RETURNED PAYMENT FEE OF $50.00 WILL BE CHARGED IF ANY PAYMENT IS RETU RNED AS UNPAID, DISHONORED, OR DUE TO INSU FFIC IENT FU NDS. PAYMENT PLANS OR EXTENDED FINANC ING: I f you elected to pay under a payment plan or extended financing, the terms of that arrangement are contained in your Financing Agreement with the Lender. The payment plan or extended financing you selected will be shown on the Project Completion Form. You are responsible f or making all payments under the Program Agreement or Energy Savings Agreement directly to the Lender Payment Information DocuSign Envelope ID: 15F06E73-A972-4F37-AA44-63A9F30F60BB ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD DATE (MM/DD/YYYY) PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTED CLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGG $JECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $$ PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE Lockton Insurance Brokers,LLC CA License #0B99399 777 S. Figueroa Street, 52nd fl. Los Angeles CA 90017 213-689-0065 Willdan Energy Solutions 2401 East Katella Avenue Suite 300 Anaheim, CA 92806 WILLD01 American Casualty Company of Reading, PA 20427 The Continental Insurance Company 35289 National Fire Insurance Co of Hartford 20478 Transportation Insurance Company 20494 X X X Emp. Benefits Liab. X Contr. Liab. Incl. 1,000,000 1,000,000 15,000 1,000,000 2,000,000 2,000,000 X 1,000,000 XXXXXXX XXXXXXX XXXXXXX XXXXXXX X X 1,000,000 1,000,000 XXXXXXX N X 1,000,000 1,000,000 1,000,000 A 7063481156 11/9/2023 11/9/2024 C 7063481190 11/9/2023 11/9/2024 B 7063481142 11/9/2023 11/9/2024 B 7063481173 (AOS) 11/9/2023 11/9/2024 D 7063481187 (CA) 11/9/2023 11/9/2024 11/9/2024 1506115 Y N N N N N N 2/29/2024 20333757 20333757 XXXXXXX Orange County PO BOX 8181 - 300 West Tryon Street Hillsborough, NC 27278 RE: For Proposal Purposes Only. The coverages described herein are available to Certificate Holder when there is a written contract requiring such coverage and only with regard to work performed on behalf of the Named Insured. DEC00266795.3. Orange County, its officers, agents and employees are included as Additional Insured(s) in accordance with the provisions of the General Liability policy. X X DocuSign Envelope ID: 15F06E73-A972-4F37-AA44-63A9F30F60BB