TO ALL PROSPECTIVE BIDDERS:

Transcription

1 TO ALL PROSPECTIVE BIDDERS: Thank you for requesting/accepting our bid information. The documents listed below are enclosed. It is expected that all interested bidders will read and understand the District requirements set forth in the documents. Those documents which have an (*) asterisk before them require completion and signature(s) in the manner specified on each document and returned with bid.. Notice to Bidders. Resolution Pages (Taking of Bids). Supplemental General Conditions (multiple pages) *. Detail Specifications (multiple pages) * May need to be filled out and returned with bid for requirement of the bidding process.. Standard Form of Instructions to Bidders (10 pages). General Conditions (5 pages) *. Envelope Cover Information Sheet (if download from the web) or Envelope for your mailed bid. *. Standard Purchase Bid Form and Signature Page *. Invitation and Bid Sheet(s) *. Bid Bond (Form D) *. Certified, Official or Cashier s Check *. Consent of Surety with Certified, Official or Cashier s Check *. Non-Collusion Affidavit (3 pages) *. Checklist for Required Documents. Performance Bond (only at the time the contract is awarded). Agreement (sample form, for your information only) The enclosed bid envelope cover sheet or address and bid information should be used when submitting your bid. If a company envelope, express mail or courier service envelope is used the bid name, bid file number and opening date must appear on the mailing label. THE DISTRICT SHALL TAKE NO RESPONSIBILITY FOR UNIDENTIFIED BIDS WHICH ARE INADVERTENTLY OPENED EARLY AND MAY HAVE TO BE EXCLUDED FROM CONSIDERATION. Bids must be received before the date and time indicated on the Notice to Bidders. If you have any questions, please contact the District Purchasing Department. W:/Wdocs/Operations/Bid Specs/TO ALL PROSPECTIVE BIDDERS PAGE 3900 Euclid Avenue Cleveland, OH P: (216) F: (216)

2 NOTICE TO BIDDERS Sealed bids will be received by the Chief Financial Officer of the Northeast Ohio Regional Sewer District, 3900 Euclid Ave., Cleveland, Ohio 44115, until 2:00 p.m. official local time on the date indicated below. At that time all bids will be opened and read aloud in the Public Meeting Room at the Northeast Ohio Regional Sewer District, 3900 Euclid Ave., Cleveland, Ohio All bids must be submitted on the forms available at the office of the Chief Financial Officer, from whom detail specifications may be obtained or for free bid packages and any addendum updates. Bid File No. RFQ-8757 Resolution No Opening Date: Monday, December 7, 2015 This is a two (2) year requirement contract to supply wholesale natural gas at the Southerly, Westerly and Easterly Wastewater Treatment Plants, George J. McMonagle Building (GJM) and the Environmental Maintenance and Services Center. If you have any questions call Dominic R. Perri at ext p.d. November 19, 2015 November 26, 2015 Purchasing Manager

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5 Bid- RFQ-8757 Wholesale Natural Gas Two Year Contract 4/1/2016 to 3/31/2018 Bid Schedule of important dates to follow: 1 Advertisement in PD and Bid Documents are on the District s Website: November 19, Bid Inquiries (SGC-3) Questions will not be November 30, 2015 answered after noon on 3 Supplier s proposed security document must be December 1, 2015 submitted to NEORSD before 2:00 pm (DS-4) 4 Bidder must use for bidding purposes the December 2, 2015 Settlement Price at the end of the day (SGC-4) 5 Sealed bid packages are due by 2:00pm and are December 7, 2015 opened (I & B sheet and Notice to Bidder sheet) 6 Contract Corrected Dates April 1, 2016 and ends on March 31, 2018

6 SUPPLEMENTAL GENERAL CONDITIONS (SGC) Supply of Natural Gas SGC-1 PURPOSE OF THIS BID The purpose of this bid, and the requirement contract awarded following an evaluation of the bids received, is to provide wholesale natural gas for use at the Easterly, Southerly and Westerly Wastewater Treatment Plants (WWTPs), the George J. McMonagle Administration Building (GJM) and the Environmental Maintenance and Services Center (EMSC) owned and operated by the Northeast Ohio Regional Sewer District (District). The Southerly and Westerly WWTPs require year-round quantities of natural gas for two (2) purposes: fuel to operate the sludge/biosolids incinerators, and heating during the winter months (approximately October through May). The Easterly WWTP, GJM and EMSC require natural gas solely for heating purposes. The successful bidder shall provide full requirement wholesale natural gas for use at the Easterly, Southerly and Westerly Wastewater Treatment Plants (WWTPs), the George J. McMonagle Administration Building (GJM) and the Environmental Maintenance and Services Center (EMSC) owned and operated by the Northeast Ohio Regional Sewer District. The contract duration shall be for two (2) years and effective upon its execution by NEORSD and for the purpose of accepting delivery shall continue in full force and effect for the term stated in the contract (or until appropriated and approved funds have been expended) unless otherwise indicated. SGC-2 BIDDER QUALIFICATIONS In order for a bid to be considered for a contractual award, the bidder must be capable of supplying the product and quantity specified for the contract duration. In addition, the specified product being bid must be compatible with the present operation and facilities. SGC-3 BID INQUIRIES All questions regarding any irregularities and requests for information should be submitted via to the District s Technical Buyer, Dominic R. Perri at perrid@neorsd.org and they will be answered as soon as is practicable. Those questions developing information that should be available to all persons or firms submitting a bid, in the opinion of the District, will be distributed as an addendum to the bid documents. The District will not be responsible for any oral instructions and/or opinions. Questions will not be answered after noon on November 30, Indemnification: The successful bidders shall indemnify, keep and save harmless the District and its respective officers, agents, and employees against all suits or claims that may be based upon any injury to persons or property that may arise out of any negligent act of the natural gas producer/wholesaler/broker, its employees, agents, subcontractors, or other representatives. The selected firm shall also, at its own expense, satisfy and cause to be discharged such judgments as may be obtained against the District or any of its officers, agents or employees due to the firm s negligent acts. SGC-1

7 SGC-4 BID PACKAGE BID FORM Each bidder must provide the following on the Invitation and Bid Form provided: (1) Basis Price per dekatherm for the two (2) year contract duration April 1, 2016 through March 31, 2018 to supply and deliver wholesale natural gas to the Dominion East Ohio City Gate. This price shall be inclusive of any charges, including, but not limited to: Full Requirement Service Fees (at the contracted price with no variance in price or cash out in price) Management fees to act as the District s agent, overhead and profit Upstream pipeline charges, including shrinkage Pooling Fees Metering Fees Storage Service Fees Transaction Fees Balancing Fees Liquidation Fees (2) NYMEX wholesale natural gas price per dekatherm obtained by calculating the NYMEX weighted average for the 24 month strip price/dth using the estimated future monthly gas volumes. For this bid please use the settlement price a t t h e e n d o f t h e d a y, W e d n e s d a y, D e c e m b e r 2, for the 24 month calculations starting on April 1, 2016 to March 31, (3) Extended Submitted Bid Summary = Est. Quantity Dth X (Basis $/Dth + Nymex $/Dth) (4) Security for Supplier s Performance -for the two (2) year contract duration. (section DS-4) (5) Total Submitted Bid = Est. Quantity Dth X (Basis $/Dth + Nymex $/Dth) + Security (6) An authorized signature and company information. SGC-5 BID PACKAGE ADDITIONAL INFORMATION Each bidder must also include with the bid package the following: A written statement of assurance that the bidder s delivery capabilities will be sufficient to supply natural gas to all three (3) District treatment plants, GJM and EMSC under a Full Requirement contract for all gas required each month and at the contracted price with no variance in price or cash out in price. A list of at least five (5) references that have entered into a similar agreement with your firm within the past three (3) years, including the name and telephone number of a knowledgeable current contact person, must be provided at the time of your bid. At least SGC-2

8 two (2) of these references should be associated with a public agency with a size comparable to that of the District. A written statement explaining the past and present experience with Dominion East Ohio and State regulatory agencies. A list of ten (10) industrial and/or commercial purchasers on the Dominion East Ohio system supplied by the bidder and their approximate annual natural gas demand. A copy of latest annual report. SGC-6 BID SUBMITTAL Bidders shall return a l l i n f o r m a t i o n r e q u e s t e d until the official time on the date indicated for the "Bid Opening" in the Legal Notice to Bidders. The official time shall be as stated on the atomic time stamp clock designated as the official clock located at the District s security desk at the address stated in the Legal Notice to Bidders. The information includes completing all the contents of the bid package and providing the additional information discussed above. Bidders are advised that they are to sequentially number and initial the lower or upper right hand corner of each page of their submitted bid prior to sealing and presenting the bid to the Northeast Ohio Regional Sewer District. These documents will become a part of the finalized contract with the successful bidder. SGC-7 BID EVALUATION The District shall be the sole judge of whether a properly completed and returned bid meets the specifications and intent of this contract. The District reserves the right to accept or reject any or all bids received. Qualified bids shall be evaluated primarily on: The Basis Price per dekatherm for the two (2) year contract duration (April 1, 2016 through March 31, 2018) to supply and deliver wholesale natural gas. The price bid for the Security for Supplier s Performance The written information provided with the bid. SGC-3

9 DETAILED SPECIFICATIONS (DS) Supply of Natural Gas DS-1 PREVIOUS USAGE AND PROJECTED DEMAND Attachment A provides a record of monthly gas consumption at each of the District s three (3) WWTPs, GJM building and the EMSC over the past two (2) years. Fluctuations from these recent usages may occur during the duration of the contract as a result of equipment breakdowns and maintenance, seasonal temperature variations, increased usage of the sludge/biosolids incinerators, etc. For these reasons, Attachment A should be considered as a guide only for potential projected demand during the contract duration. The contract is a Full Requirement contract and the successful bidder agrees to provide the District with all natural gas demanded at the contracted price with no variance in price or cash-out in price. DS-2 APPROXIMATE QUANTITY WRITTEN ON THE BID FORM The approximate quantity of wholesale natural gas to be furnished under the terms and specifications of this contract is estimated to be approximately 500,000 dekatherms per year. By submission of a bid, the bidder warrants that it is understood that this estimate was prepared by the District for the purpose of comparison of bids and that the estimated quantity is not guaranteed, but is approximate only. In addition, the bidder warrants that it is understood that the District reserves the right to vary the amount purchased, as the Executive Director may deem in the best interests of the District. All volumes over the estimated volumes shall be priced at the contracted rates. If the District uses less than the estimated volumes, the District will only be billed for actual volumes used. There will be no penalties or cash-out for volumes under the estimate. DS-4 SECURITY FOR SUPPLIER S PERFORMANCE Bidders must be an established company that meets the criteria enumerated above. All bids shall be for a twenty-four (24) month period and represent a guarantee of first supply, as the District is a priority-one emergency consumer. The District will not accept any bids which do not provide a first-supply and firm-commitment guarantee. The Bidder shall provide a surety bond, performance bond drawn on a Treasury Circular 570 company, letter of credit or corporate guarantee, in form and substance acceptable to the District, in an amount sufficient to secure payment to the District of the difference in price between the quoted proposal and the rate for Dominion East Ohio tariff or cash-out gas, whichever is higher, in the event of Supplier s nonperformance of the Contract. The security for supplier s performance is required to be provided upon award of the contract. A copy of Supplier s proposed security document must be submitted to NEORSD by the Supplier on or before 2:00 p.m., Tuesday, December 1, A proposal submitted without this requirement will not be considered. Monthly Reports: Monthly reports shall be provided as requested by the District, including gas usage summaries and monthly summaries of cost savings relative to Dominion East Ohio General Sales gas prices, listings of NYMEX gas prices and futures, etc. These reports should be ed to the District s Technical Buyer, Dominic R. Perri, at perrid@neorsd.org. Daily to NYMEX Web-based futures information: The successful bidder will provide the District with daily s sent directly to up to three (3) District employees with NYMEX Web-based futures information attached to each . DS-1

10 DS-5 DEFAULT AND REMEDIES In the event that successful bidder does not supply the gas quantities required by the District and the District receives a tariff invoice (or an invoice for gas at the then-current market rate or the cash-out rate) from Dominion East Ohio, the successful bidder shall reimburse the District for the difference between the delivered gas cost under the agreement and the cost that the District actually incurs for gas delivered by Dominion East Ohio. The term Delivery Point shall mean the point or points of interconnection between the successful bidder s gas suppliers and the pipeline facilities of Dominion East Ohio for ultimate delivery to the District. The Delivery Point may include gas supplies allocated to any of the successful bidders or other designated Dominion East Ohio Pool(s) and may include dedicated well supplies and interstate deliveries. The successful bidder will sell and deliver gas to the District at the Delivery Point. The Delivery Point shall be at the inlet side of the various metering stations determined by the successful bidder. The successful bidder will sell and deliver gas to the District from any of the successful bidder s supply source(s), in order to meet the District s requirements. The successful bidder shall be solely liable and responsible for said gas prior to the time of delivery to the District and the District shall be solely liable and responsible for said gas thereafter. DS-6 NYMEX PRICE ARRANGEMENTS The District and the successful bidder shall monitor the NYMEX Natural Gas futures price projections for future contract months. The District and the successful bidder s account representative shall communicate frequently about the futures price trends with the intent to secure the lowest possible wholesale natural gas cost to the District. Under the contract which results from the evaluation of bids, the District has the following options to lock in wholesale natural gas prices: One (1) two-year duration (entire contract term) Up to two (2) one-year durations Up to four (4) six-month durations Combination: One (1) year followed by two (2) six-month durations; OR one (1) sixmonth duration followed by one-year duration followed by one (1) six-month duration. Upon evaluating and determining a favorable NYMEX price for the future contract duration desired, the District will provide a written request to the successful bidder of its intent to lock in a wholesale natural gas price. Within the same day, the successful bidder shall complete the request or respond back to the District as incomplete at this time. A price selected by the District shall be held for future action by the successful bidder until the District withdraws its written price request. It is the responsibility of the successful bidder to provide NYMEX futures prices to the District and to monitor the NYMEX futures prices and execute the District s request. Upon execution, the successful bidder s account representative shall notify the District by telephone and the same day and follow-up with official written confirmation scanned (attached to the ) and sent via ground transportation of the bidder s choice. DS-2

11 DS-7 NO LOCAL TRANSPORTATION COSTS No local transportation costs are to be included in the bid. Dominion East Ohio transportation costs are to be added to invoice for the agreed-upon cost of wholesale natural gas per dekatherm for the duration agreed upon plus the contracted basis cost per dekatherm without mark-up or other additional fees. DS-8 PAYMENT PROCEDURE Invoices for the contract duration shall be billed on a monthly basis to the District s Accounts Payable Department. The District will pay the agreed-upon cost of wholesale natural gas per dekatherm for the duration agreed upon plus the contracted basis cost per dekatherm plus the Dominion East Ohio transportation costs. DS-3

12 STANDARD FORM OF INSTRUCTIONS TO BIDDERS, GENERAL CONDITIONS AND BID FOR PURCHASES -IB- IB - 1 ADVERTISEMENT: Information concerning title of Bid, Resolution Number of the Board of Trustees of the Northeast Ohio Regional Sewer District, hereafter designated as NEORSD, and place and dates of advertisement appears in Legal Notice to Bidders. IB - 2 BIDS: Sealed Bids endorsed and designated in the "Title Bid" section of the Bid form(s) will be received at the office of the Chief Financial Officer of the NEORSD, 3900 Euclid Avenue, Cleveland, OH 44115, until 2:00 p.m. official time shall be as stated on the atomic time stamp clock designated as the official clock located at the District s security desk of the date indicated in the "Bid Opening" in the Legal Notice to Bidders. Bids received prior to the advertised hour of opening will be securely kept sealed. The Officer whose duty it is to open them will decide when the specified time has arrived, and no Bid received thereafter will be considered. Bids will be opened and publicly read aloud, irrespective of any irregularities therein, at the Northeast Ohio Regional Sewer District s public meeting room, 3900 Euclid Avenue, Cleveland, OH All Bids received in conformity with these contract Documents shall, as soon as practicable, be tabulated and become public record. IB-3 FORM OF BID: A. Every Bid must be submitted on the original forms supplied by NEORSD. Copies of the original Bid forms supplied by the NEORSD will be considered an alteration of our departure from said forms. Every Bid shall give the price of each and every Item of work quoted on, in figures (digits), and must contain the full name of every person, firm or corporation interested in the Bid, and the address of the person, firm or the president and secretary of the corporation bidding; and if a corporation, the Bid must give the name and the state in which it is incorporated. B. The Bid, with all papers bound thereto must be submitted unmutilated with the envelope cover sheet, which is furnished by NEORSD in your electronic bid package and placed on the front or back of your envelope. C. The NEORSD may consider as informal any Bid on which there is an alteration of or departure from the original Bid Form hereto attached and its option may reject the same. NOTE: All of this bound information must be kept intact, and, together with any addenda issued, must be returned with the Bid, otherwise the Bid may be considered informal. Rev. 04/09/13 IB-1

13 D. The award of the Contract, if awarded, will be made to the lowest and best bidder whose Bid complies with all requirements prescribed, on the basis of utilizing the lowest priced acceptable alternatives for items where alternate Bids are taken. In no case will an award of a contract be made until all necessary investigations have been completed regarding the qualifications of the Bidder to whom it is proposed to award the Contract and all alternate Bids, if any, have been evaluated. The successful Bidder will be notified by letter mailed to the address shown on his Bid that his Bid has been accepted and that he has been awarded the Contract. E. No Bid will be accepted from, or contract awarded to, any person, firm or corporation that is in arrears or is in default to the NEORSD upon any debt or contract, or that is a defaulter as surety or otherwise, upon any obligation to said NEORSD, or has failed to perform faithfully any previous contract with the NEORSD. IB-4 NAME OF BIDDER: Each Bid must be clearly signed with the full name and address of each person, firm or corporation interested in it. In case of a partnership, the firm name and address and name and address of each individual party must be given. IB-5 SIGNATURE OF BIDDER: A. The firm, Corporate or individual name of the Bidder must be signed by the Bidder in the space provided for the signature on the Bid blank. If the Bidder is a corporation, the name of the corporation, the name and title of the officer duly authorized to sign for the corporation, the business address of such Officer-Bidder and the name of the state in which the corporation is chartered must be given. If the Bidder is a partnership, the signature of at least one of the partners must follow the firm name, using the term "member of firm". If the Bidder is an individual, use the term, "doing business as" or "sole owner". B. All successful Bidders who are corporate bodies shall furnish at the time of the execution of the Contract a resolution of the Directors of the Corporation, bearing the Seal of the Corporation evidencing authority of the officer signing the Contract to do so; likewise, agents of Bonding Companies shall furnish Power of Attorney, bearing the Seal of the Company, evidencing such agents authority to execute the particular type of Bond to be returned. Deleted from Document IB-6 BIDDERS AFFIDAVITS: A. Each Bidder is required to submit with his Bid an affidavit stating that neither he nor his agents, nor any other party for him has paid or agreed to pay, directly or indirectly, any person, firm or corporation money or other valuable consideration for assistance in procuring or attempting to procure the contract herein referred to, and further agreeing that no such money or reward will be hereafter paid. This affidavit must be on the form which is attached hereto. Rev. 11/24/15 IB-2

14 B. Each Bidder which is a foreign corporation, that is, a corporation not chartered in Ohio but licensed to do business in Ohio, is required to submit with his Bid an affidavit duly executed by the President, Vice President or General Manager of the corporation stating that said foreign corporation has, in accordance with the provisions of the Revised Code of the State of Ohio, obtained a certificate authorizing it to do business in the State of Ohio. (The certificate or certified copies of such certificate may be obtained from the Office of the Secretary of State, Columbus, Ohio.) IB-7 BID BOND OR CERTIFIED, OFFICIAL OR CASHIER S CHECK: A. Each Bid must be accompanied by a Guaranty in an amount not less than five percent (5%) of the total of the Bidder s Proposal, as a guarantee that if the Bid is accepted, a Contract will be entered into. The Bidder must insert the amount of the Bid Bond, or Certified, Official or Cashier s Check in the space provided. At the option of the bidder, the Guaranty may be either a Certified, Official or Cashier s Check or a Bid Bond on the form included in the Bid. Personal sureties are not acceptable. No Bid will be considered unless it is accompanied by the required Guaranty. B. The Bid Bond shall be secured by a Guaranty of a surety company authorized to do business with the State of Ohio and listed in the latest issue of U.S. Treasury Circular 570. The amount of the Bid Bond shall be within the maximum amount specified for such company in said Circular 570. C. If the Bid guaranty is in the form of a Certified, Official or Cashier s Check, it shall be attached in the space provided on the page entitled Bid Guaranty and must be made payable to the order of Northeast Ohio Regional Sewer District. Cash deposits will not be accepted. If the Bidder submit s a Certified, Official or Cashier s C heck as a Bid guaranty, it must be accompanied by a properly and duly executed Consent of Surety from an approved surety company licensed to do business in the State of Ohio agreeing to furnish the Bond described in Section GC-5 upon the award of the contract. Such Consent of Surety shall be on the form included in the Bid documents. IB-8 DISPOSITION OF BID BOND OR (CERTIFIED, OFFICIAL OR CASHIER S CHECK): A. In case of failure to enter into a contract as described above, the Bid Bond or Certified, Official or Cashier s Check shall be forfeited and the principal amount of said Bid Bond shall be paid to the NEORSD, or said check shall be surrendered to the NEORSD as the agreed amount of liquidated damages. In case a Bid is rejected, the Bid Bond or Certified, Official or Cashier s Check will be release or returned to the unsuccessful Bidder. B. If a Bid is accepted, the Bid Bond or Certified, Official or Cashier s Check will be returned after the contract has been signed and the Performance Bond herein required has been Rev. 04/09/13 IB-3

15 furnished and approved by the Legal Department of the NEORSD. The Bid Bond or Certified, Official or Cashier s Check of the next lowest and best Bidder will be retained until the lowest and best Bidder has signed and secured performance of the Contact; if the lowest and best Bidder fails to do so, said Bid Bond or Certified, Official or Cashier s Check shall be further retained until the second lowest and best Bidder shall have signed and properly secured the Contract; and in default the Bid Bond or Certified, Official or Cashier s Check shall be forfeited to the NEORSD as liquidated damages. IB-9 WITHDRAWAL OF BID: No Bid will be allowed to be withdrawn after it has been deposited with the CFO of the NEORSD until all Bids have been opened, in accordance with the requirements of Ohio Revised Code Section IB-10 EXPLANATIONS, WRITTEN OR ORAL: Any Bidder finding a discrepancy or omission in the specifications or having any doubt as to their meaning shall immediately notify the CEO of the NEORSD or his designated representative. The CEOwill respond by sending written notices of instructions to all Bidders. The NEORSD will not be responsible for any oral instructions. IB-11 PRICE BIDS AND DISCOUNTS: A. Unit Price The Bid price shall be per unit of items to be bid on, stated in figures in the spaces so provided. The extended submitted bid summary must equal the unit price multiplied by the estimated quantity. In case of discrepancy on unit price items, the unit price multiplied by the estimated quantity shall be considered as the intent of the Bidder. When the unit is a lump sum (LS), enter the lump sum amount under the extended submitted bid summary only. B. Trade Discounts When the Bidder offers a trade discount, the amount of such discount shall be stated on the Bid blank. Where the Bidder submits his quotation by filing his catalog, price list and discount, such documents shall be made part of the Bid and must be separately signed by the same person and in the same manner as used on the Bid form. C. Discount for Prompt Payment A discount of two percent (2%) will be taken on payment made within thirty (30) days from the invoice date for materials, supplies, equipment or nonprofessional services, unless the Bidder offers a different discount or indicates otherwise in the space provided on the Bid blank. Rev. 04/09/13 IB-4

16 IB-12 BIDDER S DESCRIPTION OF ITEMS: A. Bidders shall furnish with their Bids complete descriptions of the items they propose to furnish under the terms of the Bid. B. The NEORSD may require Bidders to furnish additional information and/or specifications concerning items to be purchased under the terms of the Bid. IB-13 DISCOUNT USED TO DETERMINE LOWEST AND BEST BID: In determining the lowest and best Bid, the NEORSD will consider all Bids on a basis of the net price to be paid after deduction of the discount specified or calculated according to Section IB-11 (C), except that if the terms specified by the Bidder require payment in less than fifteen (15) days from the date of the invoice, the discount offered will not be deducted from the price named in the Bid to determine the lowest and best Bidder, and the Bid will be considered only on the basis of the unit price actually named in the Bid. But if, notwithstanding the provisions of this paragraph, such Bid is determined to be the lowest and best Bid, the NEORSD reserves the right to accept the terms named in the Bid if such terms are to the advantage of the NEORSD as a basis for payment of invoices only, but not in any case as a basis for determining the lowest and best Bidder. IB-14 EQUAL EMPLOYMENT OPPORTUNITY: There shall be no discrimination exercised against any citizen in the employment of labor, whether skilled or unskilled, under this Contract; such discrimination shall be deemed to be a material breach of the Contract. REQUIREMENT CONTRACT IB-15 REQUIREMENT CONTRACT DEFINED: A. An award of a contract made under this Bid will be termed a requirement contract. B. A requirement contract imposes a duty on the contractor to provide such supplies, material or equipment which is set forth in the Bid, as may be required by the NEORSD during the life of the contract. IB-16 AMOUNT OF PURCHASE UNDER THE REQUIREMENT CONTRACT: The total amount to be ordered under the contract awarded on this Bid shall not be less than five percent (5%). IB-17 SGC AND DS DOCUMENTS: When in question of what documents prevail, the written SGC and DS of each bid package will supersede the IB Documents. Rev. 04/09/13 IB-5

17 GENERAL CONDITIONS -GC- GC-1 REJECTION OR ACCEPTANCE OF BIDS: The NEORSD reserves the right to reject any or all bids, and any part or parts of any bids, and also the right to waive any informalities in the bid. In awarding a contract, the NEORSD reserves the right to consider, in addition to price and discount, all elements entering into the question of determining the ability of the bidder to perform the contract satisfactorily. Any bid which is incomplete, conditional, obscure, or which contains additions not called for or irregularities of any kind, may be rejected within the discretion of the NEORSD. GC-2 EVIDENCE OF ABILITY TO FULFILL CONTRACT: Bidders must present evidence to the NEORSD, when required to do so, to show that they are fully competent and have the necessary source of supply, facilities and pecuniary resources to fulfill the conditions of the contract and specifications. GC-3 TIME OF AWARD: The Board of Trustees of the NEORSD shall make and award or reject all bids within ninety (90) days following the opening of bids, unless further time is required to analyze the bids. Any extension of time beyond that date shall be subject to agreement between the Bidders and the NEORSD. GC-4 AWARD OF CONTRACT: No contract shall be awarded without the approval of the Board of Trustees, and only to the lowest and best bidder. GC-5 RELEASE OF BOND: The contractor's bond will not be released until all the provisions of the contract have been fulfilled. GC-6 CANCELLATION OF CONTRACT: The NEORSD shall have the right to cancel a contract if, in the opinion of the Chief Executive Officer of the NEORSD, the delivery of materials, supplies or equipment are not in accordance with the contract specifications, and the seller is given notice in writing of such deficiencies and is afforded reasonable time to comply with the provisions of the contract but fails to do so. Revised 04/9/13 GC-1

18 GC-7 ASSIGNMENT OF CONTRACT: The contractor shall not assign, transfer, convey or otherwise dispose of the contract, or his right to execute it or any part thereof, or assign, by power of attorney or otherwise, any of the monies due or to become due under the contract, except by previous consent of the Board of Trustees of the NEORSD in writing endorsed thereon or attached hereto, and the giving of any such consent to a particular assignment, shall not dispense with the necessity of such consent to any further or other assignments. Such assignments transfer, or conveyance shall not be valid until filed in the office of the Chief Financial Officer of the NEORSD. GC-8 DELAY FOR CAUSE BEYOND CONTROL/ FORCE MAJEURE: Neither party to this Agreement shall be deemed in default in the performance of its obligations if that party is prevented or delayed from performing by forces beyond its control, (Hereinafter "Force Majeure") including, without limitation, acts of God or of a public enemy; acts of a municipal, state, federal or other governmental legislative, administrative or judicial entity; any catastrophe resulting from flood, fire, extreme weather conditions, explosion; labor disturbances; and other cause beyond the control of the non-performing party. Contractor may be granted a time extension and cost adjustment for its performance based on the duration of the Force Majeure. If the contractor be delayed in the compliance with the terms of the contract by strikes, lockouts, fire, unusual delay by common carriers, unavoidable casualties, or any cause beyond the contractor's control, including orders, limitations or restrictions of any Government agency having jurisdiction over the subject matter of the contract, or by delay authorized by the NEORSD, or by any cause for which the CEO shall decide to justify the delay, then for all such delays and suspensions, the contractor shall be allowed one calendar day extension beyond the time fixed for compliance with the terms of his contract for each and every calendar day of such delay so caused in the completion of the work, the same to be ascertained by the Chief Executive Officer. GC-9 DELIVERY: Bidders shall agree to make requested delivery of materials, supplies or equipment upon the written purchase order of the Director of the NEORSD and no delivery shall be accepted unless such written purchase order has first been issue. GC-10 FAILURE TO MEET SPECIFICATIONS: The delivery of any materials, supplies or equipment under the contract which do not conform to contract specifications will be rejected and the contractor notified immediately. Such rejection and the reason therefore, shall be in writing. The contractor may, if time for performance has not expired, reasonably notify the Chief Executive Officer of the NEORSD of his intention to cure and may then within the contract time make conforming delivery. If the said contractor fails to effect immediate replacement of such rejected materials, supplies or equipment, the NEORSD will purchase such materials, supplies and equipment of the character required, on the open market. The contractor and his surety shall be liable to NEORSD for any excess cost and expense incurred by the NEORSD. GC-2

19 GC-11 STATE OR FEDERAL TAXES: A. The NEORSD is exempt from all sales, excise and transportation taxes, except State of Ohio gasoline tax. The price or prices bid shall be exclusive of all such taxes and will be so construed. B. The bid prices are subject to increase by the amount of any additional tax imposed by the Federal Government or the State of Ohio to which the District is not exempt, subsequent to the receipt of bids. Such claims for increased prices must be presented to the NEORSD within thirty (30) days after such tax becomes effective and supported by evidence satisfactory to the Legal Department of the NEORSD. Should the increase in bid prices require an increase in the contract price, such increase shall be subject to approval by the Board of Trustees of the District. C. The contract price is subject to reduction by the amount which an applicable tax is reduced during the period of the contract. GC-12 SOCIAL SECURITIES ACT: The contractor shall be and remain an independent contractor with respect to all services performed under said contract, and agrees to and accepts full and exclusive liability for the payment of any and all contributions or taxes for social security, unemployment insurance, old age retirement benefits, pensions or annuities now or hereafter imposed under any state or federal law, which are measured by the wages, salaries, or other remuneration paid to persons employed by the contractor on work performed under the terms of this contract, and further agrees to obey all lawful rules and regulations and to meet all lawful requirements with are now or hereafter may be issued or promulgated under said respective laws by any duly authorized state or federal officials; and said contractor also agrees to indemnify and save harmless the NEORSD from any such contributions or taxes or liability therefore. GC-13 PAYMENT: Payment shall be made for the net number of units accepted after due and proper delivery, accompanied by invoices at the bid price per unit, less discount for prompts payment if appropriate. GC-14 STATE INDUSTRIAL COMPENSATION: The contractor shall, during the term of this contract, subscribe t o and comply with the Worker's Compensation L a w s of the State of Ohio and pay such premiums as may be required and to save said NEORSD h a r m l e s s f r om any and all liability arising from said act. The Contractor shall also furnish at the time of delivery of this contract and at such other times as may be applicable a copy of the current official certificate or receipt to show the payments herein-before referred. GC-15 GC AND DS BID DOCUMENTS: When in question of what documents p r e v a i l, the written SGC and DS of each bid package will supersede the GC documents. GC-3

20 FROM CHIEF FINANCIAL OFFICER Northeast Ohio Regional Sewer District casas NORTHEAST OHIO REGIONAL SEWER DI.STRICT 3900 EUCLID AVENUE CLEVELAND, OH BID FOR - Wholesale Natural Gas BID FILE No. RFQ-8757 Bid must be delivered at the office of the Chief Financial Officer before 2 o'clock P.M. (Official Cleveland Time.)....December 7, The within bid received at...o'clock

21 STANDARD PURCHASE BID FORM X REQUIREMENT PURCHASE BID FORM FROM NAME) To the Director of Finance BID FOR (COMPANY _ The Undersigned proposes to furnish the above materials, supplies or equipment, and to accept as full compensation therefore the price per unit multiplied by the number of units of such commodity purchased hereunder, (which units and prices therefore are set forth in the schedule of items hereto attached and made part of this bid) and subject to any discount set forth in this bid. The Undersigned further certifies that he (as an individual, firm or corporation making this bid) is not in arrears or default to the District upon any debt or contract, nor is a defaulter as surety or otherwise upon any obligation to said District nor has failed to perform faithfully any previous contract with said District and that there is no suit or claim pending as to any such arrears or default. THE UNDERSIGNED UNDERSTANDS THAT THE DISTRICT RESERVES THE RIGHT TO REJECT ANY OR ALL BIDS. The firm, corporation, or individual name MUST BE SIGNED IN SPACE INDICATED Sign Name Typed or Printed Title of Officer BIDDER MUST COMPLETE AND SIGN Business Address of Bidder State Where Incorporated Rev. 8/1/ Euclid Avenue Cleveland, OH P: (216) F: (216)

22 INVITATION AND BID NORTHEAST OHIO REGIONAL SEWER DISTRICT 3900 Euclid Avenue Cleveland, OH (216) FAX: (216) TITLE OF BID X REQUIREMENT PURCHASE WHOLESALE NATURAL GAS RESOLUTION NO BID FILE NO. ADOPTED RFQ-8757 September17, 2015 BID OPENING MONDAY DECEMBER 7, 2015 AT 2:00 P.M OFFICIAL LOCAL TIME ADVERTISEMENT DATES NOV. 19 & NOV. 26, 2015 PD TWO-YEAR CONTRACT Extended Estimated Submitted Item Description Quantity X ( NYMEX + Basis) = Bid Summary Natural Gas 1,000,000 X ($ + $ ) = $ (4/1/16 3/31/18) (dekatherms) Price for Security of Supplier s Performance + $ = $ TOTAL AMOUNT OF SUBMITTED BID = $ NOTE: Bidders cost is to include a firm price per Dekatherm for basis and NYMEX costs to the City Gate. Bidders must include with their bids, the required information described in Sections SGC-5 & SGC-6. Page 1 of 1 PAYMENT DISCOUNT (if left blank an automatic 2% 30 days per IB-11-C) % DAYS Name of Company Street Address City State Zip Authorized Signature Date Phone No.

23 Bid Bond FORM D KNOW ALL MEN BY THESE PRESENTS, That we as Principal, and a corporation duly authorized to do business in Ohio, as Surety, are held and firmly bound unto NORTHEAST OHIO REGIONAL SEWER DISTRICT as Obligee, (hereinafter called the "Obligee"), in the penal sum of Dollars, lawful money of the United States of America, for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, the said principal is herewith submitting a bid for: NOW, THEREFORE, the condition of the above obligation is such that if the said Principal shall execute a contract and give bond for faithful performance within ten (10) working days after the prescribed forms have been presented to the Principal for execution or, in the event of the failure of the Principal to enter into such contract and give such bond, if the Principal shall pay the Obligee the difference, not to exceed the penalty hereof, between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by such bid, then this obligation shall be null and void, otherwise to remain in full force and effect. WITNESS our signature this day of A.D., 20_. Principal Name Signature Address Telephone Number Surety Name Signature Address Telephone Number

24 CERTIFIED, OFFICIAL OR CASHIER S CHECK Certified, Official or Cashier s Check number for Dollars drawn on Bank of is deposited herewith. The condition of this deposit shall be such that if the Bid submitted herewith is accepted, and the Bidder shall within ten (10) working days after the prescribed forms have been presented to the Bidder for execution, enter into a Contract in the form provided for in the bid documents, then this deposit shall be returned to the said Bidder, otherwise it shall be forfeited to the Northeast Ohio Regional Sewer District for liquidated damages for failure or neglect to enter into said Contract. Make Certified, Official or Cashier s Check payable to NORTHEAST OHIO REGIONAL SEWER DISTRICT. COMPANY SIGNATURE NAME PRINTED OR TYPE TITLE (Cash will not be considered acceptable in lieu of certified, official or cashier s checks). Unless a Bid Bond is submitted, attach Certified, Official or Cashier s Check here:

25 CONSENT OF SURETY KNOW ALL MEN BY THESE PRESENTS, That we (Name of Bidder) as principal and (Name of Surety) a surety company organized and existing under the Laws of the State of and having its principal office at as surety, are held firmly bound unto the (Complete address of Surety Company) Northeast Ohio Regional Sewer District, hereby jointly and severally and binding our heirs, successors, administrators, executors, legal representatives and assigns by these presents. THE CONDITIONS OF THIS OBLIGATION are such that whereas, the above named principal submits the herewith proposal for (Bidder to fill in) to the Northeast Ohio Regional Sewer District, in conformance with the Legal Notice and the Bid Documents; if the above named bidder is awarded the contract, then we, the above named surety, will meet all stipulations and will execute the Bond required by the Bid Documents in the sum of one hundred percent (100%) of the total bid price to the Northeast Ohio Regional Sewer District. Witness our signature, this day of A.D., 20 (Contractor - Principal) (Title) (Name of Surety Company) (Signature and Title) (Address) (Telephone)

26 NOTE: This Affidavit properly executed and containing all required information must accompany your Bid. IF YOU FAIL TO COMPLY YOUR BID WILL NOT BE CONSIDERED. STATE OF OHIO } NON-COLLUSION AFFIDAVIT CUYAHOGA COUNTY} SS duly sworn deposes and says: Individual only: Partnership only: Corporation only: at of being first That he is an individual doing business under the name of, State of, in the City That he is the duly authorized representative of a partnership dong business under the name of of, State of in the City That he is the duly authorized, qualified and acting of, a corporation organized and existing under the laws of the State of and that he, said partnership or said corporation, is filing herewith a bid to the Northeast Ohio Regional Sewer District in conformity with the foregoing specifications; Individual only: Affiant further says that the following is a complete and accurate list of the names and addresses of all persons interested in said proposed contract: Affiant further says that he is represented by the following attorneys: and is also represented by the following resident agents in Cuyahoga County, Ohio

27 Partnership only: Affiant further says that the following is a complete and accurate list of the names and addresses of the members of said partnership: Affiant further says that said partnership is represented by the following attorneys: and is also represented by the following resident agents in Cuyahoga County, Ohio: Corporation only: Affiant further says that the following is a complete and accurate list of the officers, directors and attorneys of said corporation: President Directors: Vice President Secretary Treasurer Cleveland Manager or Agent Attorneys Statutory Agent And the following officers are duly authorized to execute contracts on behalf of said corporation: Affiant further says that the bid filed herewith is not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization or corporation; that such bid is genuine and not collusive or sham; that said bidder has not, directly or indirectly, induced or solicited any other bidder to put in a false or sham bid and has not, directly or indirectly, colluded, conspired, connived or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that said bidder has not in any manner, directly or indirectly, sought by agreement, communication or conference with anyone to fix the bid price or said bidder or of any bid price or that of any other bidder, or to secure any advantage against Northeast Ohio Regional Sewer District or anyone interested in the proposed contract; that all statements contained in such bid are true; that said bidder has not, directly or indirectly, submitted his bid or any breakdown thereof or the contents thereof, or divulged information or data relative thereto, or paid or agreed to pay, directly or indirectly, any money, or other valuable consideration for assistance or aid rendered or to be rendered in procuring or attempting to procure the contract above referred to, to any corporation, partnership, company, association, organization, or to any member or agent thereof, or to any other individual, except to such person or persons as hereinabove disclosed to have a partnership or other financial

28 interest with said bidder in his general business; and further that said bidder will not pay or agree to pay, directly or indirectly, any money or other valuable consideration to any corporation, partnership, company, association, organization or to any member or agent thereof, or to any other individual, for aid or assistance in securing contract above referred to in the event the same is awarded to (name or individual, partnership or corporation) Further affiant saith not. (SIGN HERE) Sworn to before me and subscribed in my presence this day of, A.D., 20. (Notary Public)

29 Checklist for Required Documents to be returned when bidding for: W holesale Natural Gas Bid Bid Number RFQ-8757 Resolution Number Please mark the boxes with an "X" showing that you have placed these items in your bid envelope, sign and date below, that you have provided ALL the above mentioned information, for the bid process. Mark with "X" Envelope with Bid Information on outside of envelope Standard Purchase Bid Form and Signature Page Invitation and Bid Form Sheet completed and signed Bid Bond (Form D) Certified Check (CC1) With Consent of Surety Consent of Surety (CS1) Non-Collusion Affidavit Checklist for Required Documents completed and signed Information must be attached to the bid submitted as stated in Section SGC-4 Information must be attached to the bid submitted as stated in Section SGC-5 Copy of Supplier's proposal security document submitted with bid as stated in Section DS-4 Please sign and date below, that you have provided the above mentioned information for the bid process Name of Company: Print your Name Date: Sign your Name

30 ATTACHMENT A NATURAL GAS CONSUMPTION Southerly, Easterly, Westerly, EMSC & GJM Year 2013 Year 2014 January 91,263 90,772 February 81,686 84,240 March 83,057 93,670 April 70,816 60,318 May 57,005 36,213 June 51,370 23,172 July 43,884 24,324 August 43,193 17,804 September 42,625 15,372 October 50,437 24,891 November 61,987 47,538 December 73,071 55,732 TOTAL (DTH) 750, ,046 1,324,440 total consumption 2013/2014

31 Sample - To be used for awarded contracts

32 Agreement For THIS AGREEMENT, made this day of two thousand and, by and between the Northeast Ohio Regional Sewer District, party of the first part, duly authorized pursuant to Resolution No. of the Board of Trustees of the said District, adopted and (a corporation organized and existing under the laws of the State of, and authorized to do business in the State of Ohio) - (a partnership consisting of ) (an individual doing business as ) -Contractor, party of the second part. WHEREAS, it was one of the conditions of said award that a formal contract should be executed by and between the Northeast Ohio Regional Sewer District and the Contractor. WITNESSETH: That said party of the second part has agreed and by these presents does agree for itself, it s representatives, successors and assigns, with the party of the first part, as follows: The Contractor shall furnish the following materials, supplies or equipment: for the consideration of ($ ) Dollars. The Invitation to Bid, the General Conditions, the Specifications and the Bid, all which are incorporated herein and made part hereof as fully as if herein rewritten, constitute this contract. IN WITNESS WHEREOF, the parties hereunto have affixed their signature the day and year first above written. CONTRACTOR NORTHEAST OHIO REGIONAL SEWER DISTRICT BY BY TITLE BY