05900 20438 Natural Gas Award 20438A 0590020438a
User Manual: 20438A
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State of New York Executive Department Office Of General Services Procurement Services Group Corning Tower Building - 38th Floor Empire State Plaza Albany, New York 12242 http://www.ogs.state.ny.us CONTRACT AWARD NOTIFICATION Title : Award Number : Group 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) (Interruptible Supply – Index Price) Classification Code: 15 20438 (Replaces Awards 19162 & 19510) Contract Period : November 1, 2006 to October 31, 2008 Bid Opening Date : August 15, 2006 Date of Issue : August 15, 2006 Specification Reference: As Incorporated In The Invitation for Bids Contractor Information: Appears on Page 2 of this Award Address Inquiries To: State Agencies & Vendors Name Title Phone Fax E-mail : : : : : Jose De Andres Purchasing Officer I 518-474-1108 518-474-1160 jose.deandres@ogs.state.ny.us Political Subdivisions & Others Phone : Fax : E-mail : Customer Services 518-474-6717 518-474-2437 customer.services@ogs.state.ny.us The Procurement Services Group values your input. Complete and return "Contract Performance Report" at end of document. Description This Award describes a contract for the purchase of Fixed Price/Firm Supply Natural Gas and adjustable price Interruptible and Firm Supply Natural Gas from gas suppliers and/or marketers for use at the agencies listed herein. This concept is in accordance with gas deregulation action of the Federal Energy Regulatory Commission, the New York Legislature and the New York Public Service Commission. PR # 20438 (continued) 20438a.doc/T03md GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) (Interruptible Supply – Index Price) AWARD PAGE 2 NOTE: See individual contract items to determine actual awardees. CONTRACT # CONTRACTOR & ADDRESS TELEPHONE # FED.IDENT.# PC62689 COLONIAL ENERGY, INC. 3975 FAIR RIDGE DRIVE SUITE T10 NORTH FAIRFAX, VA 22033 845-429-3229 582209516 Susan Filgueras FAX NO.: 845-786-5341 E-mail: sfilgueras@colonialenergy.com Web Site: www.colonialgroupinc.com PC62690 CONSTELLATION NEW ENERGY GAS DIVISION 2440 SHERIDAN DRIVE TONAWANDA, NY 14150 716-541-1667 830456842 Timothy D. Wright FAX NO.: 716-614-1819 E-mail: tim.wright@constellation.com Web Site: www.newenergy.com PC62691 HESS CORP. ONE HESS PLAZA WOODBRIDGE, NJ 07095 800-437-7265 800-437-7872 732-750-6888 Nelson Alves OR Hess Operator FAX NO.: 732-750-6927 E-mail: nalves@hess.com Web Site: www.hess.com PC62692 SB NATIONAL FUEL RESOURCES, INC. 165 LAWRENCE BELL DRIVE SUITE 120 WILLIAMSVILLE, NY 14231 800-839-9993 161408956 716-630-6700 Dan Czechowicz OR Lynn Pohlman 716-630-6717 OR 716-630-6799 FAX NO.: 716-630-6751 E-mail: dczechowicz@nfrinc.com E-mail: lpohlman@nfrinc.com Web Site: www.nationalfuelgas.com PC62693 ENERGY CREDIT GROUP, LLC 1077 CELESTIAL STREET CINCINNATI, OH 45202 800-598-2046 311662765 513-621-1113 Larry Freeman FAX NO.: 513-621-3773 E-mail: lfreeman@stand-energy.com Web Site: www.standenergy.com 134921002 Cash Discount, If Shown, Should be Given Special Attention. INVOICES MUST BE SENT DIRECTLY TO THE ORDERING AGENCY FOR PAYMENT. (See "Contract Payments" and "Electronic Payments" in this document.) AGENCIES SHOULD NOTIFY THE PROCUREMENT SERVICES GROUP PROMPTLY IF THE CONTRACTOR FAILS TO MEET DELIVERY OR OTHER TERMS OF THIS CONTRACT. PRODUCTS OR SERVICES WHICH DO NOT COMPLY WITH THE SPECIFICATIONS OR ARE OTHERWISE UNSATISFACTORY TO THE AGENCY SHOULD ALSO BE REPORTED TO THE PROCUREMENT SERVICES GROUP. (continued) 20438a.doc/T03md GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) (Interruptible Supply – Index Price) AWARD PAGE 3 SMALL, MINORITY AND WOMEN-OWNED BUSINESSES: The letters SB listed under the Contract Number indicate the contractor is a NYS small business. Additionally, the letters MBE and WBE indicate the contractor is a Minority-owned Business Enterprise and/or Woman-owned Business Enterprise. PRICE: Marketer’s price (also known as the basis cost) includes all costs associated with the acquisition and transportation of the gas to the LDC’s city gate (Basis Cost) including shrinkage, fuel retainage losses, GRI surcharge, custom duties and charges. Governmental entities are to be automatically considered federal and state tax exempt. No supplier/marketer shall incur separately identifiable taxes with the expectation that they are to be passed along to the governmental user, except in such cases where the agency specifically agrees in writing in advance. FIXED PRICE: Lots indicted as Fixed Price shall be firm and fixed for both commodity and basis costs at the bid price for the duration of the contract. Price revisions are not applicable for those lots marked as fixed price. MONTHLY INDEXED PRICE: “Index Cost” Pricing Method Month to month indexed prices are calculated by taking the average of the last three (3) days closing settlement price of NYMEX natural gas daily settlement for the month of gas delivery plus the marketer’s basis cost. Prices will be carried to the 4th decimal place. Basis cost will be firm throughout the duration of the contract period. Monthly indexed commodity prices do not apply to those lots identified as Fixed Price. ALL LOTS FOR INDEXED PRICING: Monthly prices will represent City Gate full quantity delivery with fuel retention, line losses and shrinkage. Marketers will model their price structure after the following model: City Gate Price = Average of Last Three Days Close of NYMEX + Marketer’s Basis Cost** where the only variable is the “Average of Last Three Days Close of NYMEX”. Marketer’s “Basis Cost” is fixed for the duration of the contract. Reductions to marketer’s basis cost may be allowed at any time. NOTE: Average of the last three days of the Close of the NYMEX means the average of the last three days NYMEX Close (Settlement Price) of the NYMEX for natural gas at the Henry Hub Louisiana delivery point as published in the Wall Street Journal Futures Column and shown on the NYMEX website. **Basis cost means all costs associated with the marketer’s acquisition and transportation of natural gas to the LDC City Gate including all costs associated with balancing services to the city gate LDC. This does not include the commodity cost. **Carried to the 4th decimal place. (continued) 20438a.doc/T03md GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) (Interruptible Supply – Index Price) AWARD LOT 1 - DELIVERY TO CENTRAL HUDSON GAS & ELECTRIC - CITY GATE FIXED PRICE/FIRM SUPPLY 12 Months Approx. Quantity MMBtu's Item No. Agency 1. Fishkill Correctional Facility LOT 1 - Total Quantities (Item 1) Fixed Price* per MMBtu's Delivered to LDC City Gate 31,400 31,400 $11.9710 (FIXED PRICE/FIRM SUPPLY) *Cost reflects all shrinkage including Fuel Retaining Losses, G.R.I. Surcharge, etc. Location of Sales Point: Outside NYS CONTRACTOR, LOT 1: HESS CORPORATION LOT 2 - DELIVERY TO CENTRAL HUDSON GAS & ELECTRIC - CITY GATE INDEXED PRICE/FIRM SUPPLY Item No. 1. 2. 3. 4. 5. 6. 7. Agency NYS DOT (Poughkeepsie) NYS DOT (Newburgh) NYS DOT (Poughkeepsie) NYS DOT (Kingston) DMNA (Newburgh) NYS DOT (Poughkeepsie) DMNA (Poughkeepsie) LOT 2 - Total Quantities (Items 1 - 7) 12 Months Approx. Quantity MMBtu's 960 900 4,145 780 3,138 2,548 1,503 13,974 (continued) 20438a.doc/T03md Basis Cost* per MMBtu's Delivered to LDC City Gate NO AWARD PAGE 4 GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) (Interruptible Supply – Index Price) AWARD PAGE 5 LOT 3 - DELIVERY TO CENTRAL HUDSON GAS & ELECTRIC - CITY GATE INDEXED PRICE/INTERRUPTIBLE SUPPLY Item No. 1. 2. Agency 12 Months Approx. Quantity MMBtu's Fishkill Correctional Fac. OMH Hudson River Psych. Center 435,000 18,292 LOT 3 - Total Quantities (Items 1 - 2) 453,292 Basis Cost* per MMBtu's Delivered to LDC City Gate $0.8517** (INDEXED PRICE/INTERRUPTIBLE SUPPLY) *Cost reflects all shrinkage including Fuel Retaining Losses, G.R.I. Surcharge, etc. **This cost is added to the Nymex average as described herein to arrive at the city gate price. Location of Sales Point: West Virginia CONTRACTOR, LOT 3: COLONIAL ENERGY INC. LOT 4 - DELIVERY TO CON EDISON – CITY GATE FIXED PRICE/FIRM SUPPLY Item No. Agency 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. DMNA (Yonkers) DMNA (Whitestone) DMNA (New York) DMNA (New York) DMNA (Bronx) Peekskill CSD (Admin. Bldg.) Peekskill CSD (Uriah Hill School) Peekskill CSD (Oakside School) Peekskill CSD (High School) Peekskill CSD (Park Street School) Peekskill CSD (Peek Middle School) Queensboro Correctional Fac. DMNA (Bronx) DMNA (New York) Katonah Village Library LOT 4 - Total Quantities (Items 1 – 15) 12 Months Approx. Quantity MMBtu's 842 1,535 1,626 758 1,978 86 196 284 390 59 287 12,419 1,395 1,046 797 23,698 (continued) 20438a.doc/T03md Fixed Price* per MMBtu's Delivered to LDC City Gate NO AWARD GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) (Interruptible Supply – Index Price) LOT 5 - DELIVERY TO CON EDISON – CITY GATE INDEXED PRICE/FIRM SUPPLY Item No. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. Agency 12 Months Approx. Quantity MMBtu's Basis Cost* per MMBtu's Delivered to LDC City Gate DMNA (Peekskill) 4,059 Westchester DOT 34,867 Westchester DOT 100,582 Westchester Encon 12,562 Westchester Encon 5,704 Tn of Greenburgh (Police/Court) 1,325 Tn of Greenburgh (Town Hall) 833 Tn of Greenbergh (Recreation Dept.) 1,386 Tn of Greenburgh (Library) 1,016 Tn of Greenburgh (Sprain Garage) 6,983 Tn of Greenburgh (Bryant Ave. Pump Sta.) 152 Tn of Greenburgh (Water & Sewer Dept.) 1,169 LOT 5 - Total Quantities (Items 1 – 12) 170,638 (continued) 20438a.doc/T03md NO AWARD AWARD PAGE 6 GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) (Interruptible Supply – Index Price) LOT 6 - DELIVERY TO CON EDISON – CITY GATE INDEXED PRICE/FIRM SUPPLY Item No. Agency 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. City of Yonkers (Engine #1) City of Yonkers (Engine #3) City of Yonkers (Engine #4) City of Yonkers (Engine #6) City of Yonkers (Engine #7) City of Yonkers (Engine #9) City of Yonkers (Engine #10) City of Yonkers (Engine #11) City of Yonkers (Engine #12) City of Yonkers (Engine #13) City of Yonkers (1st Precinct) City of Yonkers (2nd Precinct) City of Yonkers (McLean Ave. Library) City of Yonkers (McLean Ave. Recreation) City of Yonkers (Veteran’s Office) City of Yonkers (Health Center) City of Yonkers (Hillview Pump Sta.) City of Yonkers (Schultze Field) City of Yonkers (Police Property) City of Yonkers (Sewer Dept.) City of Yonkers (Fac. Maint. Div.) City of Yonkers (Faye Park) City of Yonkers (Beczak) City of Yonkers (Nodine Hill Comm. Ctr.) City of Yonkers (Recycling Center) City of Yonkers (Hudson River Museum) City of Yonkers (City Jail) City of Yonkers (Yonkers) City of Yonkers (Armory) City of Yonkers (285 Nepperhan Ave.) City of Yonkers (Sign Shop Tuckahoe Rd.) City of Yonkers (Nepperhan Comm. Ctr.) City of Yonkers (Cacace Justice Ctr.) City of Yonkers (Green House) City of Yonkers (Rifle Range) City of Yonkers (Cola Center) City of Yonkers (Chema Center) City of Yonkers (Scotti Senior Center) LOT 6 - Total Quantities (Items 1 – 38) 12 Months Approx. Quantity MMBtu's 2,714 972 1,085 468 3,208 2,859 105 639 1,726 997 1,496 319 180 732 183 3,658 200 125 4,754 1,990 6,599 214 227 567 4,391 4,503 1,663 5,446 68 3,000 1,975 469 8,540 940 492 751 472 725 69,452 69,452 (continued) 20438a.doc/T03md Basis Cost* per MMBtu's Delivered to LDC City Gate NO AWARD AWARD PAGE 7 GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) (Interruptible Supply – Index Price) AWARD PAGE 8 LOT 7 - DELIVERY TO CON EDISON – CITY GATE INDEXED PRICE/INTERRUPTIBLE SUPPLY Item No. 1. 2. 3. 4. 5. Agency 12 Months Approx. Quantity MMBtu's DMNA (New York) DMNA (New York) Peekskill CSD Queensboro Correctional Fac. Bedford Hills Correctional Fac. 6,676 10,193 5,491 804 168,349 LOT 7 - Total Quantities (Items 1 – 5) 191,513 Basis Cost* per MMBtu's Delivered to LDC City Gate $0.6621** (INDEXED PRICE/INTERRUPTIBLE SUPPLY) *Cost reflects all shrinkage including Fuel Retaining Losses, G.R.I. Surcharge, etc. **This cost is added to the Nymex average as described herein to arrive at the city gate price. Location of Sales Point: Louisiana CONTRACTOR, LOT 7: COLONIAL ENERGY INC. LOT 8 - DELIVERY TO KEYSPAN ENERGY (LONG ISLAND) – CITY GATE FIXED PRICE/FIRM SUPPLY Item No. Agency 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. DMNA (Ronkonkoma) DMNA (Patchoque) DMNA (Freeport) DMNA (Bay Shore) DMNA (Farmingdale) DMNA (Farmingdale) DMNA (Bay Shore) DMNA (Patchoque) North Massapequa Fire District North Massapequa Fire District North Massapequa Fire District North Massapequa Fire District LOT 8 - Total Quantities (Items 1 - 12) 12 Months Approx. Quantity MMBtu's 2,214 1,807 2,444 1,683 609 759 839 541 237 78 525 407 12,143 (continued) 20438a.doc/T03md Fixed Price* per MMBtu's Delivered to LDC City Gate NO AWARD GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) (Interruptible Supply – Index Price) AWARD LOT 9 - DELIVERY TO KEYSPAN ENERGY (LONG ISLAND) – CITY GATE INDEXED PRICE/FIRM SUPPLY Item No. 1. 2. 3. 4. 5. 6. 12 Months Approx. Quantity MMBtu's Agency NYS DOT (Melville) NYS DOT (Hicksville) NYS DOT (North Merrick) NYS DOT (Central Islip) DMNA (Huntington Station) DMNA (Ronkonkoma) 1,200 240 600 3,570 2,837 7,062 15,509 LOT 9 - Total Quantities (Items 1 - 6) Basis Cost* per MMBtu's Delivered to LDC City Gate NO AWARD LOT 10 - DELIVERY TO KEYSPAN ENERGY (NEW YORK) – CITY GATE FIXED PRICE/FIRM SUPPLY Item No. 1. 2. 3. 4. Agency 12 Months Approx. Quantity MMBtu's DMNA (Staten Island) Brooklyn DDSO Brooklyn DDSO DMNA (Jamaica) 1,286 1,785 103,602 1,275 LOT 10 - Total Quantities (Items 1 - 4) 107,948 Fixed Price* per MMBtu's Delivered to LDC City Gate $11.5510 (FIXED PRICE/FIRM SUPPLY) *Cost reflects all shrinkage including Fuel Retaining Losses, G.R.I. Surcharge, etc. Location of Sales Point: Outside NYS CONTRACTOR, LOT 10: HESS CORPORATION (continued) 20438a.doc/T03md PAGE 9 GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) (Interruptible Supply – Index Price) AWARD PAGE 10 LOT 11 - DELIVERY TO KEYSPAN ENERGY (NEW YORK) – CITY GATE INDEXED PRICE/FIRM SUPPLY Item No. 1. 2. 12 Months Approx. Quantity MMBtu's Agency DMNA (Staten Island) DMNA (Staten Island) Basis Cost* per MMBtu's Delivered to LDC City Gate 2,748 5,223 LOT 11 - Total Quantities (Items 1 - 2) 7,971 $2.8840** (INDEXED PRICE/FIRM SUPPLY) *Cost reflects all shrinkage including Fuel Retaining Losses, G.R.I. Surcharge, etc. **This cost is added to the Nymex average as described herein to arrive at the city gate price. Location of Sales Point: Outside NYS CONTRACTOR, LOT 11: HESS CORPORATION LOT 12 - DELIVERY TO KEYSPAN ENERGY (NEW YORK) – CITY GATE INDEXED PRICE/INTERRUPTIBLE SUPPLY Item No. 1. 2. 3. 4. 5. Agency 12 Months Approx. Quantity MMBtu's DMNA (Jamaica) DMNA (Brooklyn) DMNA (Brooklyn) Brooklyn DDSO Arthur Kill CF 20,317 4,634 3,255 86,415 4,600 LOT 12 - Total Quantities (Items 1 - 5) 119,221 (continued) 20438a.doc/T03md Basis Cost* per MMBtu's Delivered to LDC City Gate NO AWARD (NO BIDS RECEIVED) GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) (Interruptible Supply – Index Price) AWARD PAGE 11 LOT 13 - DELIVERY TO NATIONAL FUEL CITY GATE (NON CAPACITY) FIXED PRICE/FIRM SUPPLY Item No. 1. 2. 3. 4. 5. Agency 12 Months Approx. Quantity MMBtu's Alfred University Erie Co. Water Authority Erie Co. Water Authority Erie Co. Water Authority City of Dunkirk 101,419 5,075 7,083 8,307 5,100 LOT 13 - Total Quantities (Items 1 - 5) 126,984 Fixed Price* per MMBtu's Delivered to LDC City Gate $10.6600 (FIXED PRICE/FIRM SUPPLY) *Cost reflects all shrinkage including Fuel Retaining Losses, G.R.I. Surcharge, etc. Location of Sales Point: West Seneca, NY CONTRACTOR, LOT 13: CONSTELLATION NEW ENERGY – GAS DIVISION, LLC LOT 14 - DELIVERY TO NATIONAL FUEL CITY GATE FIXED PRICE/FIRM SUPPLY (CAPACITY) 12 Months Approx. Quantity MMBtu's Item No. Agency 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. DMNA (Niagara Falls) DMNA (Hornell) DMNA (Dunkirk) DMNA (Avfuels) DMNA (Bldg. 923) DMNA (Bldg. 906) DMNA (Bldg. 960) DMNA (Bldg. 904) DMNA (Bldg. 901) DMNA (Bldg. 912) DMNA (Buffalo) LOT 14 - Total Quantities (Items 1 - 11) Fixed Price* per MMBtu's Delivered to LDC City Gate 2,409 1,022 793 91 324 458 265 1,187 1,658 1,497 973 10,677 $11.4000 (FIXED PRICE/FIRM SUPPLY) *Cost reflects all shrinkage including Fuel Retaining Losses, G.R.I. Surcharge, etc. Location of Sales Point: West Seneca, NY CONTRACTOR, LOT 14: CONSTELLATION NEW ENERGY – GAS DIVISION, LLC (continued) 20438a.doc/T03md GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) (Interruptible Supply – Index Price) AWARD PAGE 12 LOT 15 - DELIVERY TO NATIONAL FUEL CITY GATE (CAPACITY) INDEXED PRICE/FIRM SUPPLY 12 Months Approx. Quantity MMBtu's Item No. Agency 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. NYS DOT (Hornell) NYS DOT (Depew) NYS DOT (Hamburg) DMNA (Jamestown) NYS Parks & Recreation Wyoming Correction Fac. Attica Correctional Fac. DMNA (Multi Bldgs.) DMNA (Bldg. 902) Gowanda Correctional Fac. NYS DOT (Hamburg) NYS DOT (Hamburg) NYS DOT (East Aurora) NYS DOT (Mayville) NYS DOT (Fredonia) NYS DOT (Bemus Point) NYS DOT (Falconer) NYS DOT (Sherman) NYS DOT (Hornell) Collins Correctional Fac. LOT 15 - Total Quantities (Items 1 - 20) Basis Cost* per MMBtu's Delivered to LDC City Gate 1,920 1,680 3,025 4,103 3,450 4,500 10,450 5,755 11,630 3,291 3,084 2,158 1,338 4,179 1,233 1,043 1,579 1,028 3,200 8,455 77,101 $0.9100** (INDEXED PRICE/FIRM SUPPLY) *Cost reflects all shrinkage including Fuel Retaining Losses, G.R.I. Surcharge, etc. **This cost is added to the Nymex average as described herein to arrive at the city gate price. Location of Sales Point: West Seneca, NY CONTRACTOR, LOT 15: CONSTELLATION NEW ENERGY – GAS DIVISION, LLC (continued) 20438a.doc/T03md GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) (Interruptible Supply – Index Price) AWARD PAGE 13 LOT 16 - DELIVERY TO NATIONAL FUEL CITY GATE (NON CAPACITY) INDEXED PRICE/FIRM SUPPLY Item No. 1. 2. 3. 4. 5. 6. Agency 12 Months Approx. Quantity MMBtu's Wyoming Correctional Fac. Western NY DDSO DMNA (Buffalo) DMNA (Buffalo) DMNA (Bldg. 915) Lakeview Correctional Fac. 271,600 44,081 7,516 10,380 4,798 1,280 LOT 16 - Total Quantities (Items 1 – 6) Basis Cost* per MMBtu's Delivered to LDC City Gate 339,655 $0.4400** (INDEXED PRICE/FIRM SUPPLY) *Cost reflects all shrinkage including Fuel Retaining Losses, G.R.I. Surcharge, etc. **This cost is added to the Nymex average as described herein to arrive at the city gate price. Location of Sales Point: West Seneca, NY CONTRACTOR, LOT 16: CONSTELLATION NEW ENERGY – GAS DIVISION, LLC LOT 17 - DELIVERY TO NATIONAL FUEL CITY GATE (NON CAPACITY) INDEXED PRICE/INTERRUPTIBLE SUPPLY Item No. 1. 2. 3. Agency 12 Months Approx. Quantity MMBtu's OMH Buffalo Psych. Center Collins Correctional Fac. Lakeview Correctional Fac 46,300 251,000 48,300 LOT 17 - Total Quantities (Items 1 - 3) 345,600 Basis Cost* per MMBtu's Delivered to LDC City Gate $0.4400** (INDEXED PRICE/INTERRUPTIBLE SUPPLY) *Cost reflects all shrinkage including Fuel Retaining Losses, G.R.I. Surcharge, etc. **This cost is added to the Nymex average as described herein to arrive at the city gate price. Location of Sales Point: West Seneca, NY CONTRACTOR, LOT 17: CONSTELLATION NEW ENERGY – GAS DIVISION, LLC (continued) 20438a.doc/T03md GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) (Interruptible Supply – Index Price) AWARD PAGE 14 LOT 18 - DELIVERY TO NEW YORK STATE ELECTRIC AND GAS – CITY GATE (MONTHLY) FIXED PRICE/FIRM SUPPLY Item No. 1. 2. 3. 4. 12 Months Approx. Quantity MMBtu's Agency Southport Correctional Fac. NYS OGS Binghamton SOB DMNA (Walton) DMNA (Olean) LOT 18 - Total Quantities (Items 1 - 4) Fixed Price* per MMBtu's Delivered to LDC City Gate 43,566 11,922 1,233 1,873 58,594 $12.5010 (FIXED PRICE/FIRM SUPPLY) *Cost reflects all shrinkage including Fuel Retaining Losses, G.R.I. Surcharge, etc. Location of Sales Point: Outside NYS CONTRACTOR, LOT 18: HESS CORPORATION LOT 19 - DELIVERY TO NEW YORK STATE ELECTRIC AND GAS – CITY GATE (DAILY) FIXED PRICE/FIRM SUPPLY Item No. 1. 2. 3. 12 Months Approx. Quantity MMBtu's Agency Albion Correctional Fac. Albion Correctional Fac. Albion Correctional Fac. LOT 19 - Total Quantities (Items 1 - 3) Fixed Price* per MMBtu's Delivered to LDC City Gate 152 92 38 282 $11.6830 (FIXED PRICE/FIRM SUPPLY) *Cost reflects all shrinkage including Fuel Retaining Losses, G.R.I. Surcharge, etc. Location of Sales Point: Outside NYS CONTRACTOR, LOT 19: NATIONAL FUEL RESOURCES INC. (continued) 20438a.doc/T03md GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) (Interruptible Supply – Index Price) AWARD PAGE 15 LOT 20 - DELIVERY TO NEW YORK STATE ELECTRIC AND GAS – CITY GATE (MONTHLY) FIXED PRICE/FIRM SUPPLY Item No. 1. 2. 3. 4. 5. 6. 7. 12 Months Approx. Quantity MMBtu's Agency NYS OGS Homer Folks NYS OGS Homer Folks NYS OGS Homer Folks DMNA (Ithaca) NYS DOT (Canandaigua) NYS DOT (Canandaigua) DMNA (Auburn) LOT 20 - Total Quantities (Items 1 - 7) Fixed Price* per MMBtu's Delivered to LDC City Gate 1,659 852 2,297 1,257 1,152 96 380 7,693 $11.6700 (FIXED PRICE/FIRM SUPPLY) *Cost reflects all shrinkage including Fuel Retaining Losses, G.R.I. Surcharge, etc. Location of Sales Point: Outside NYS CONTRACTOR, LOT 20: NATIONAL FUEL RESOURCES INC. LOT 21 - DELIVERY TO NEW YORK STATE ELECTRIC AND GAS – CITY GATE (MONTHLY) FIXED PRICE/FIRM SUPPLY Item No. 1. Agency Clinton Co. Sheriff Dept. LOT 21 - Total Quantities (Item 1) 12 Months Approx. Quantity MMBtu's 18,062 18,062 (continued) 20438a.doc/T03md Fixed Price* per MMBtu's Delivered to LDC City Gate NO AWARD (NO BIDS RECEIVED) GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) (Interruptible Supply – Index Price) AWARD PAGE 16 LOT 22 - DELIVERY TO NEW YORK STATE ELECTRIC AND GAS – CITY GATE (DAILY) INDEXED PRICE/FIRM SUPPLY Item No. 1. 2. 12 Months Approx. Quantity MMBtu's Agency Albion Correctional Fac. Orleans Correctional Fac. LOT 22 - Total Quantities (Items 1 - 2) Basis Cost* per MMBtu's Delivered to LDC City Gate 33,650 6,387 40,037 $0.8780** (INDEXED PRICE/FIRM SUPPLY) *Cost reflects all shrinkage including Fuel Retaining Losses, G.R.I. Surcharge, etc. **This cost is added to the Nymex average as described herein to arrive at the city gate price. Location of Sales Point: Outside NYS CONTRACTOR, LOT 22: NATIONAL FUEL RESOURCES INC. LOT 23 - DELIVERY TO NEW YORK STATE ELECTRIC AND GAS – CITY GATE (MONTHLY) INDEXED PRICE/FIRM SUPPLY Item No. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 12 Months Approx. Quantity MMBtu's Agency J M Murray Ctr. NYS Veterans Home DMNA (Auburn) J M Murray Ctr. Village of Newark (Municipal Bldg.) Village of Newark (DPW) Village of Newark (Fire Dept.) Village of Newark (Cemetery Office Bldg.) Village of Newark (Waste Water Treat.) Village of Newark (Waste Water Plant) Village of Newark (Waste Water Filter Pt) Auburn Correctional Fac. DMNA (Lockport) LOT 23 - Total Quantities (Items 1 - 13) Basis Cost* per MMBtu's Delivered to LDC City Gate 4,600 10,855 2,807 2,750 2,703 1,497 227 205 2,124 915 1,570 2,221 3,033 35,507 $1.9950** (INDEXED PRICE/FIRM SUPPLY) *Cost reflects all shrinkage including Fuel Retaining Losses, G.R.I. Surcharge, etc. **This cost is added to the Nymex average as described herein to arrive at the city gate price. Location of Sales Point: Outside NYS CONTRACTOR, LOT 23: HESS CORPORATION (continued) 20438a.doc/T03md GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) (Interruptible Supply – Index Price) AWARD PAGE 17 LOT 24 - DELIVERY TO NEW YORK STATE ELECTRIC AND GAS – CITY GATE (MONTHLY) INDEXED PRICE/FIRM SUPPLY 12 Months Approx. Quantity MMBtu's Item No. Agency 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. NYS DOT (Cortland) NYS DOT (Waterloo) NYS DOT (Canandaigua) NYS DOT (Newark) NYS DOT (Newark) NYS DOT (Morrisville) NYS DOT (Oneonta) NYS DOT (Oneonta) NYS DOT (Auburn) NYS DOT (Oxford) NYS DOT (Oxford) NYS DOT (Horseheads) NYS DOT (Horseheads) NYS DOT (Horseheads) NYS DOT (Lockport) LOT 24 - Total Quantities (Items 1 - 15) Basis Cost* per MMBtu's Delivered to LDC City Gate 1,680 600 780 600 977 420 1,000 1,500 300 1,349 360 1,532 507 710 960 13,275 $1.2120** (INDEXED PRICE/FIRM SUPPLY) *Cost reflects all shrinkage including Fuel Retaining Losses, G.R.I. Surcharge, etc. **This cost is added to the Nymex average as described herein to arrive at the city gate price. Location of Sales Point: Outside NYS CONTRACTOR, LOT 24: NATURAL FUEL RESOURCES INC. (continued) 20438a.doc/T03md GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) (Interruptible Supply – Index Price) AWARD PAGE 18 LOT 25 - DELIVERY TO NEW YORK STATE ELECTRIC AND GAS – CITY GATE (MONTHLY) INDEXED PRICE/FIRM SUPPLY 12 Months Approx. Quantity MMBtu's Item No. Agency 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. NYS DOT (Hancock) NYS DOT (Cobleskill) NYS DOT (Cobleskill) NYS DOT (Owego) NYS DOT (Hancock) NYS DOT (Binghamton) NYS DOT (Binghamton) NYS DOT (Binghamton) NYS DOT (Watkins Glen) NYS DOT (Binghamton) DMNA (Binghamton) DOS Academy of Fire Science DOS Academy of Fire Science Basis Cost* per MMBtu's Delivered to LDC City Gate 1,440 1,800 960 780 1,706 2,855 205 6,165 1,764 931 4,299 12 9,056 LOT 25 - Total Quantities (Items 1 - 13) 31,973 $2.3020** (INDEXED PRICE/FIRM SUPPLY) *Cost reflects all shrinkage including Fuel Retaining Losses, G.R.I. Surcharge, etc. **This cost is added to the Nymex average as described herein to arrive at the city gate price. Location of Sales Point: Outside NYS CONTRACTOR, LOT 25: HESS CORPORATION LOT 26 - DELIVERY TO NEW YORK STATE ELECTRIC & GAS (DAILY) INDEXED PRICE/INTERRUPTIBLE SUPPLY Item No. 1. Agency 12 Months Approx. Quantity MMBtu's Albion Correctional Fac. 147,500 LOT 26 - Total Quantities (Item 1) 147,500 Basis Cost* per MMBtu's Delivered to LDC City Gate $0.8500** (INDEXED PRICE/INTERRUPTIBLE SUPPLY) *Cost reflects all shrinkage including Fuel Retaining Losses, G.R.I. Surcharge, etc. **This cost is added to the Nymex average as described herein to arrive at the city gate price. Location of Sales Point: Outside NYS CONTRACTOR, LOT 26: NATIONAL FUEL RESOURCES, INC. (continued) 20438a.doc/T03md GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) (Interruptible Supply – Index Price) AWARD PAGE 19 LOT 27 - DELIVERY TO NEW YORK STATE ELECTRIC & GAS (DAILY) INDEXED PRICE/INTERRUPTIBLE SUPPLY Item No. 1. 2. 3. Agency 12 Months Approx. Quantity MMBtu's Cayuga Correctional Fac. Elmira Psy. Ctr. NYS DOCS Groveland CF 66,020 24,180 224,380 Basis Cost* per MMBtu's Delivered to LDC City Gate 314,580 LOT 27 - Total Quantities (Items 1 - 3) NO AWARD LOT 28 - DELIVERY TO NEW YORK STATE ELECTRIC & GAS (DAILY) INDEXED PRICE/INTERRUPTIBLE SUPPLY Item No. 1. 2. 12 Months Approx. Quantity MMBtu's Agency Binghamton Psy. Ctr. Broome Development Ctr. LOT 28 - Total Quantities (Items 1 - 2) Basis Cost* per MMBtu's Delivered to LDC City Gate 84,000 60,170 144,170 $1.7300** (INDEXED PRICE/INTERRUPTIBLE SUPPLY) *Cost reflects all shrinkage including Fuel Retaining Losses, G.R.I. Surcharge, etc. **This cost is added to the Nymex average as described herein to arrive at the city gate price. Location of Sales Point: NYSEG City Gate CONTRACTOR, LOT 28: ENERGY CREDIT GROUP (continued) 20438a.doc/T03md GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) (Interruptible Supply – Index Price) AWARD PAGE 20 LOT 29 - DELIVERY TO NATIONAL GRID EAST GATE – CITY GATE FIXED PRICE/FIRM SUPPLY 12 Months Approx. Quantity MMBtu's Item No. Agency 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. DMNA (Scotia) Rensselaer Co. Family Troy Senior Center Rensselaer Main Office Rensselaer Public Safety (Sheriff) Rensselaer Hwy. Dept. Rensselaer Co. Ag/Life Sci. Bldg. Rensselaer Co. Courthouse Lansingburg CSD Lansingburg CSD Lansingburg CSD Lansingburg CSD Lansingburg CSD Uncle Sam’s House Uncle Sam’s House NYS Dept. Agriculture & Markets NYS Dept. Agriculture & Markets Heritage Home for Women DMNA (USPFO Warehouse) DMNA (Troy) DMNA (Troy) LOT 29 - Total Quantities (Items 1 - 21) Fixed Price* per MMBtu's Delivered to LDC City Gate 647 2,148 2,707 2,571 7,732 2,841 529 8,405 1,928 3,239 3,566 5,620 6,023 654 221 1,819 12 1,406 1,096 1,027 229 54,420 $11.5640 (FIXED PRICE/FIRM SUPPLY) *Cost reflects all shrinkage including Fuel Retaining Losses, G.R.I. Surcharge, etc. Location of Sales Point: Outside NYS CONTRACTOR, LOT 29: NATIONAL FUEL RESOURCES, INC. (continued) 20438a.doc/T03md GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) (Interruptible Supply – Index Price) AWARD PAGE 21 LOT 30 - DELIVERY TO NATIONAL GRID EAST GATE – CITY GATE INDEXED PRICE/FIRM SUPPLY 12 Months Approx. Quantity MMBtu's Item No. Agency 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14 15. DMNA (Latham) DMNA (Schenectady) NYS DOT (Waterford) NYS DOT (Latham) NYS DOT (Hudson) NYS DOT (Hudson Falls) NYS DOH (Incinerator Bldg. “C”) NYS DOH (Bldg. #9) NYS DOH (Bldg. #1) NYS DOT (Defreestville) NYS DOT (Clifton Park) DMNA (Historical Museum) NYS DOT (Washington Co.) NYS DOT (Saratoga) NYS DOT (Voorheesville) LOT 30 - Total Quantities (Items 1 - 15) Basis Cost* per MMBtu's Delivered to LDC City Gate 4,796 4,034 3,920 1,440 1,020 780 5,200 284 368 1,320 420 2,773 1,709 420 240 28,724 $1.1980** (INDEXED PRICE/FIRM SUPPLY) *Cost reflects all shrinkage including Fuel Retaining Losses, G.R.I. Surcharge, etc. **This cost is added to the Nymex average as described herein to arrive at the city gate price. Location of Sales Point: Outside NYS CONTRACTOR, LOT 30: NATIONAL FUEL RESOURCES, INC. (continued) 20438a.doc/T03md GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) (Interruptible Supply – Index Price) AWARD PAGE 22 LOT 31 - DELIVERY TO NATIONAL GRID EAST GATE – CITY GATE INDEXED PRICE/FIRM SUPPLY 12 Months Approx. Quantity MMBtu's Item No. Agency 1. 2. 3. 4. 5. 6. DASNY (Delmar) DASNY (Albany) City of Albany (City Hall) City of Albany (Bath #2) City of Albany (OGS) City of Albany (Traffic Safety) Basis Cost* per MMBtu's Delivered to LDC City Gate 1,987 5,422 5,660 4,085 9,780 3,440 LOT 31 - Total Quantities (Items 1 - 6) 30,374 $1.2730** (INDEXED PRICE/FIRM SUPPLY) *Cost reflects all shrinkage including Fuel Retaining Losses, G.R.I. Surcharge, etc. **This cost is added to the Nymex average as described herein to arrive at the city gate price. Location of Sales Point: Outside NYS CONTRACTOR, LOT 31: NATIONAL FUEL RESOURCES, INC. LOT 32 - DELIVERY TO NATIONAL GRID EAST GATE – CITY GATE INDEXED PRICE/INTERRUPTIBLE SUPPLY Item No. 1. 2. 3. 4. 5. 6. 7. 12 Months Approx. Quantity MMBtu's Agency OGS Albany Utilities Hudson Correctional Fac. DOH Wadsworth Labs University of Albany Rensselaer Co. Sewer OGS Utilities Management Capital District DDSO LOT 32 - Total Quantities (Items 1 - 7) Basis Cost* per MMBtu's Delivered to LDC City Gate 313,000 69,100 71,500 20,220 23,400 1,599,947 49,300 2,146,467 $0.6612** (INDEXED PRICE/INTERRUPTIBLE SUPPLY) *Cost reflects all shrinkage including Fuel Retaining Losses, G.R.I. Surcharge, etc. **This cost is added to the Nymex average as described herein to arrive at the city gate price. Location of Sales Point: Pennsylvania CONTRACTOR, LOT 32: COLONIAL ENERGY INC. (continued) 20438a.doc/T03md GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) (Interruptible Supply – Index Price) AWARD PAGE 23 LOT 33 - DELIVERY TO NATIONAL GRID WEST GATE FIXED PRICE/FIRM SUPPLY 12 Months Approx. Quantity MMBtu's Item No. Agency 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. DMNA (Syracuse) DMNA (Syracuse) DMNA (Utica) DMNA (Utica) OGS Dulles SOB OGS Utica SOB Gloversville-Johnston OGS Hughes SOB Oneida Co. Sheriff’s Dept. Oneida Co. Airport Oneida Co. Airport Oneida Co. Airport Oneida Co. Airport Oneida Co. Airport Oneida Co. Airport Oneida Co. Airport Oneida Co. Airport NYS DEC (Herkimer) DMNA (Syracuse) LOT 33 - Total Quantities (Items 1 - 19) Fixed Price* per MMBtu's Delivered to LDC City Gate 845 1,704 687 845 9,693 11,025 4,200 10,875 30,925 16,142 319 2,802 1,997 1,298 1,287 6 894 71,730 1,548 168,822 $11.6680 (FIXED PRICE/FIRM SUPPLY) *Cost reflects all shrinkage including Fuel Retaining Losses, G.R.I. Surcharge, etc. Location of Sales Point: Outside NYS CONTRACTOR, LOT 33: NATIONAL FUEL RESOURCES, INC. (continued) 20438a.doc/T03md GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) (Interruptible Supply – Index Price) AWARD PAGE 24 LOT 34 - DELIVERY TO NATIONAL GRID WEST GATE FIXED PRICE/FIRM SUPPLY Item No. 1. 2. 12 Months Approx. Quantity MMBtu's Agency Gloversville-Johnstown WW Watertown Correctional Fac. LOT 34 - Total Quantities (Items 1 - 2) Fixed Price* per MMBtu's Delivered to LDC City Gate 7,100 56,975 64,075 $10.9290 (FIXED PRICE/FIRM SUPPLY) *Cost reflects all shrinkage including Fuel Retaining Losses, G.R.I. Surcharge, etc. Location of Sales Point: Outside NYS CONTRACTOR, LOT 34: NATIONAL FUEL RESOURCES, INC. (continued) 20438a.doc/T03md GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) (Interruptible Supply – Index Price) AWARD PAGE 25 LOT 35 - DELIVERY TO NATIONAL GRID WEST GATE FIXED PRICE/FIRM SUPPLY 12 Months Approx. Quantity MMBtu's Item No. Agency 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. City of Rome (JFK Pool) City of Rome (JFK Ice Rink) NYS Dept. of Labor City of Rome (Steven Park) City of Rome (PINTI Field) City of Rome (PINTI Field) City of Rome (Train Station) City of Rome (Sewage) City of Rome (Water Dept.) City of Rome (Water Filtration) City of Rome (Pump Station) City of Rome (Pole KGGA) City of Rome (Police Dept.) City of Rome (Garage) City of Rome (Parking) City of Rome (Guyer Park) City of Rome (HI Level Pump) City of Rome City of Rome (Fire Dept.) City of Rome (Water Flirtation) City of Rome (Fire Dept.) City of Rome (Water) City of Rome (City Hall) City of Rome (Rec. Dept. JFK) City of Rome (Water) City of Rome (Pump Station) City of Rome (VIP Bus) LOT 35 - Total Quantities (Items 1 - 27) Fixed Price* per MMBtu's Delivered to LDC City Gate 105 1,189 274 197 372 273 2,821 5,510 565 396 57 605 1,414 867 450 214 202 30 1,441 4,553 756 30 3,804 170 132 65 1,049 27,541 $11.6800 (FIXED PRICE/FIRM SUPPLY) *Cost reflects all shrinkage including Fuel Retaining Losses, G.R.I. Surcharge, etc. Location of Sales Point: Outside NYS CONTRACTOR, LOT 35: NATIONAL FUEL RESOURCES, INC. (continued) 20438a.doc/T03md GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) (Interruptible Supply – Index Price) AWARD PAGE 26 LOT 36 - DELIVERY TO NATIONAL GRID WEST GATE INDEXED PRICE/FIRM SUPPLY 12 Months Approx. Quantity MMBtu's Item No. Agency 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. DMNA (Utica) DMNA (Rome) DMNA (Gloversville) NYS DOT (Fultonville) NYS DOT (Rome) NYS DOT (Utica) NYS DOT (Utica) NYS DOT (Watertown) NYS DOT (Watertown) Marcy Correctional Fac. Marcy Correctional Fac. Marcy Correctional Fac. Marcy Correctional Fac. Oneida-Herkimer Oneida-Herkimer Oneida-Herkimer NYS School f/t Deaf NYS School f/t Deaf Oneida Co. (Walker Rd.) Oneida Co. (Westmoreland) Oneida Co. (Main St.) Oneida Co. (James St.) Oneida Co. (Dominick St.) Oneida Co. (Elizabeth St.) Oneida Co. (Elizabeth St.) Oneida Co. Dominick St.) Oneida Co. (Elizabeth St.) Oneida Co. (Gioliotti Ave.) Oneida Co. (Second St.) NYS DOT (Salamanca) NYS DOT (Mexico) NYS DOT (Camillus) LOT 36 - Total Quantities (Items 1 - 32) Basis Cost* per MMBtu's Delivered to LDC City Gate 5,995 2,949 2,698 1,200 840 720 2,365 1,080 920 1,750 590 245 430 3,997 1,578 310 11,317 1,984 630 475 6,773 2,468 462 12,663 777 1,035 537 525 505 600 480 720 69,618 $1.2000** (INDEXED PRICE/FIRM SUPPLY) *Cost reflects all shrinkage including Fuel Retaining Losses, G.R.I. Surcharge, etc. **This cost is added to the Nymex average as described herein to arrive at the city gate price. Location of Sales Point: Outside NYS CONTRACTOR, LOT 36: NATIONAL FUEL RESOURCES, INC. (continued) 20438a.doc/T03md GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) (Interruptible Supply – Index Price) AWARD PAGE 27 LOT 37 - DELIVERY TO NATIONAL GRID WEST GATE INDEXED PRICE/FIRM SUPPLY Item No. 1. 12 Months Approx. Quantity MMBtu's Agency Mohawk Valley Comm. College Basis Cost* per MMBtu's Delivered to LDC City Gate 38,500 LOT 37 - Total Quantity (Item 1) 38,500 $1.0270** (INDEXED PRICE/FIRM SUPPLY) *Cost reflects all shrinkage including Fuel Retaining Losses, G.R.I. Surcharge, etc. **This cost is added to the Nymex average as described herein to arrive at the city gate price. Location of Sales Point: Outside NYS CONTRACTOR, LOT 37: NATIONAL FUEL RESOURCES, INC. LOT 38 - DELIVERY TO NATIONAL GRID WEST GATE INDEXED PRICE/INTERRUPTIBLE SUPPLY Item No. 1. 2. 3. 4. 5. Agency 12 Months Approx. Quantity MMBtu's OMH Mohawk Valley Psych. Ctr. OMH Hutchings Psych. Ctr. Mohawk Correctional Fac. Mid-State Correctional Fac. Oneida Co. (Utica) 60,000 25,400 330,000 262,750 11,846 LOT 38 - Total Quantities (Items 1 - 5) 689,996 Basis Cost* per MMBtu's Delivered to LDC City Gate $0.7183** (INDEXED PRICE/INTERRUPTIBLE SUPPLY) *Cost reflects all shrinkage including Fuel Retaining Losses, G.R.I. Surcharge, etc. **This cost is added to the Nymex average as described herein to arrive at the city gate price. Location of Sales Point: Pennsylvania CONTRACTOR, LOT 38: COLONIAL ENERGY, INC. (continued) 20438a.doc/T03md GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) (Interruptible Supply – Index Price) AWARD PAGE 28 LOT 39 - DELIVERY TO ORANGE & ROCKLAND CITY GATE INDEXED PRICE/FIRM SUPPLY Item No. 1. 2. 3. 4. 5. 6. 12 Months Approx. Quantity MMBtu's Agency NYS DOT (Middletown) NYS DOT (Middletown) NYS DOT (Middletown) NYS DOT (Monroe) NYS DOT (New City) DMNA (Orangeburg) Basis Cost* per MMBtu's Delivered to LDC City Gate 1,200 198 2,224 957 1,379 2,133 LOT 39 - Total Quantities (Items 1 - 6) 8,091 $2.9050** (INDEXED PRICE/FIRM SUPPLY) *Cost reflects all shrinkage including Fuel Retaining Losses, G.R.I. Surcharge, etc. **This cost is added to the Nymex average as described herein to arrive at the city gate price. Location of Sales Point: Outside NYS CONTRACTOR, LOT 39: HESS CORPORATION LOT 40 - DELIVERY TO ORANGE & ROCKLAND CITY GATE INDEXED PRICE/INTERRUPTIBLE SUPPLY Item No. 1. 2. 3. Agency 12 Months Approx. Quantity MMBtu's OMH Rockland Ctr. OMH Cook Chill Ctr. Helen Hayes Hospital 180,000 16,777 85,720 LOT 40 - Total Quantities (Items 1 - 3) 282,497 Basis Cost* per MMBtu's Delivered to LDC City Gate $0.6588** (INDEXED PRICE/INTERRUPTIBLE SUPPLY) *Cost reflects all shrinkage including Fuel Retaining Losses, G.R.I. Surcharge, etc. **This cost is added to the Nymex average as described herein to arrive at the city gate price. Location of Sales Point: West Virginia CONTRACTOR, LOT 40: COLONIAL ENERGY, INC. (continued) 20438a.doc/T03md GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) (Interruptible Supply – Index Price) AWARD PAGE 29 LOT 41 - DELIVERY TO ROCHESTER GAS AND ELECTRIC - CITY GATE FIXED PRICE/FIRM SUPPLY Item No. 1. 2. 3. 4. 5. 6. 12 Months Approx. Quantity MMBtu's Agency NYS DOT (Rochester) DMNA (Rochester) NYS DOT (Sodus) Rochester Regional Transportation Rochester Regional Transportation DMNA (Rochester) LOT 41 - Total Quantities (Items 1 - 6) Fixed Price* per MMBtu's Delivered to LDC City Gate 3,975 2,410 631 10,226 1,772 2,311 21,325 $11.6058 (FIXED PRICE/FIRM SUPPLY) *Cost reflects all shrinkage including Fuel Retaining Losses, G.R.I. Surcharge, etc. Location of Sales Point: Outside NYS CONTRACTOR, LOT 41: NATIONAL FUEL RESOURCES, INC. LOT 42 - DELIVERY TO ROCHESTER GAS AND ELECTRIC - CITY GATE INDEXED PRICE/FIRM SUPPLY Item No. 1. 2. 3. 4. 5. 6. 7. 12 Months Approx. Quantity MMBtu's Agency Butler Correctional Fac. DMNA (Rochester) DMNA (Rochester) NYS DOT (Linden) NYS DOT (Spencerport) NYS DOT (Pittsford) Butler Correctional Fac. LOT 42 - Total Quantities (Items 1 - 7) Basis Cost* per MMBtu's Delivered to LDC City Gate 13,900 6,368 3,617 1,200 1,200 2,680 15,000 43,965 $1.2089** (INDEXED PRICE/FIRM SUPPLY) *Cost reflects all shrinkage including Fuel Retaining Losses, G.R.I. Surcharge, etc. **This cost is added to the Nymex average as described herein to arrive at the city gate price. Location of Sales Point: Outside NYS CONTRACTOR, LOT 42: NATIONAL FUEL RESOURCES, INC. (continued) 20438a.doc/T03md GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) (Interruptible Supply – Index Price) AWARD PAGE 30 LOT 43 - DELIVERY TO ROCHESTER GAS AND ELECTRIC - CITY GATE INDEXED PRICE/INTERRUPTIBLE SUPPLY Item No. 1. 2. 12 Months Approx. Quantity MMBtu's Agency Rochester Regional Transportation Finger Lakes DDSO LOT 43 - Total Quantities (Items 1 - 2) Basis Cost* per MMBtu's Delivered to LDC City Gate 20,359 58,361 78,720 $1.0490** (INDEXED PRICE/INTERRUPTIBLE SUPPLY) *Cost reflects all shrinkage including Fuel Retaining Losses, G.R.I. Surcharge, etc. **This cost is added to the Nymex average as described herein to arrive at the city gate price. Location of Sales Point: Outside NYS CONTRACTOR, LOT 43: NATIONAL FUEL RESOURCES, INC. (continued) 20438a.doc/T03md GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) (Interruptible Supply – Index Price) AWARD PAGE 31 REQUEST FOR CHANGE: Any request by the agency or contractor regarding changes in any part of the contract must be made in writing to the Office of General Services, Procurement Services Group, prior to effectuation. CONTRACT PAYMENTS: Payments cannot be processed by State facilities until the contract products have been delivered in satisfactory condition or services have been satisfactorily performed. Payment will be based on any invoice used in the supplier's normal course of business. However, such invoice must contain sufficient data including but not limited to contract number, description of product or service, quantity, unit and price per unit as well as federal identification number. State facilities are required to forward properly completed vouchers to the Office of the State Comptroller for audit and payment. All facilities are urged to process every completed voucher expeditiously giving particular attention to those involving cash discounts for prompt payment. If the contract terms indicate political subdivisions and others authorized by law are allowed to participate, those entities are required to make payments directly to the contractor. Prior to processing such payment, the contractor may be required to complete the ordering non-State agency's own voucher form. See "Contract Billings" in Appendix B, OGS General Specifications. ELECTRONIC PAYMENTS: The Office of the State Comptroller (OSC) offers an "electronic payment" option in lieu of issuing checks. To obtain an electronic payment authorization form visit the OSC website at www.osc.state.ny.us or contact them by e-mail at epunit@osc.state.ny.us or by phone at 518-474-4032. PSG's DISPUTE RESOLUTION POLICY: It is the policy of the Office of General Services’ Procurement Services Group (PSG) to provide vendors with an opportunity to administratively resolve disputes, complaints or inquiries related to PSG bid solicitations or contract awards. PSG encourages vendors to seek resolution of disputes through consultation with PSG staff. All such matters will be accorded impartial and timely consideration. Interested parties may also file formal written disputes. A copy of PSG’s Dispute Resolution Procedures for Vendors may be obtained by contacting the person shown on the front of this document or through the OGS website (www.ogs.state.ny.us). EXTENSION OF USE: Any contract herein may be extended to additional States or governmental jurisdictions upon mutual written agreement between New York State (the lead contracting State) and the contractor. Political subdivisions and other authorized entities within each participating State or governmental jurisdiction may also participate in any contract if such State normally allows participation by such entities. New York State reserves the right to negotiate additional discounts based on any increased volume generated by such extensions. CONTRACT PERIOD AND RENEWALS: If mutually agreed between the Procurement Services Group and the contractor, the contract may be renewed under the same terms and conditions for up to an additional three (3) years but not to exceed a total contract term of five (5) years. SHORT TERM EXTENSION: In the event the replacement contract has not been issued, any contract let and awarded hereunder by the State, may be extended unilaterally by the State for an additional period of up to one month upon notice to the contractor with the same terms and conditions as the original contract including, but not limited to, quantities (prorated for such one month extension), prices, and delivery requirements. With the concurrence of the contractor, the extension may be for a period of up to three months in lieu of one month. However, this extension terminates should the replacement contract be issued in the interim. (continued) 20438a.doc/T03md GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) (Interruptible Supply – Index Price) AWARD PAGE 32 WARRANTIES: See "Warranties" in Appendix B, OGS General Specifications. EMERGENCY PURCHASING: In the event that a disaster emergency is declared by Executive Order under Section 28 of Article 2-B of the Executive Law, or that the Commissioner determines pursuant to his/her authority under Section 163(10)(b) of the State Finance Law that an emergency exists requiring the prompt and immediate delivery of products or services, the Commissioner reserves the right to obtain such products or services from any source, including but not limited to this contract, as the Commissioner in his/her sole discretion determines will meet the needs of such emergency. Contractor shall not be entitled to any claim or lost profits for products or services procured from other sources pursuant to this paragraph. CUSTOMER OBLIGATIONS: OGS Procurement Services Group provides centralized commodity contracts, such as the natural gas contract, to leverage the buying power of the State as a single customer, reduce administrative costs and take advantage of bulk discounts and marketplace economies. The natural gas contract is a particular type of centralized contract, referred to as a filed requirements contract, placing special obligations on a participating agency and governed by Uniform Commercial Code section 2-306. In a filed requirements contract, an agency that wishes to purchase must commit in advance to make all necessary purchases for the natural gas from the awarded vendor. The agency that selects the "index price - interruptible supply" option also legally commits itself to making a good faith effort to purchase all of its needs (as indicated by the specified volume or nomination) from the winning bidder or bearing financial responsibility for not making the purchase. It is not a good faith effort if the participating agency enters into another contract for the natural gas with another entity. This level of commitment is necessary to ensure the State receives the most cost effective pricing possible. While OGS Procurement Services Group is responsible for administering the natural gas contract, it is expected an agency will attempt to work directly with the vendor to resolve any difficulties that may arise. OGS Procurement Services Group is available to provide assistance as needed, but should not be considered the first avenue of recourse. NOTE: The sales and deliveries of gas shall commence as soon as practicable after the completion of necessary transportation arrangements. Each contract type has distinct characteristics and requires specific customer commitments and obligations. The more significant aspects of each contract type are described as follows: Fixed Price - Firm Supply • The customer is committed to contract participation prior to bid solicitation. Quantities cannot be adjusted after bid offers are accepted (excluding monthly or daily balancing done by contractor). • The customer will receive "firm" supply regardless of dual fuel capability. • The customer will not be allowed to fuel switch regardless of how favorably priced an alternate fuel may become. • The customer will pay one city gate price for the life of the contract. (continued) 20438a.doc/T03md GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) (Interruptible Supply – Index Price) AWARD PAGE 33 Indexed Price - Firm Supply • The customer must commit to contract participation prior to bid solicitation. Quantities cannot be adjusted as indicated above. • The customer will receive "firm" supply regardless of dual fuel capability. • The customer will not be allowed to fuel switch regardless of how favorably priced an alternate fuel may become. • The customer price for natural gas to the city gate will vary monthly based on the New York Mercantile Exchange (NYMEX) futures commodity prices and a fixed "basis cost" to determine each month's final price. Prices are revised and released by the OGS Procurement Services Group during the last week of the month preceding the month of delivery. Indexed Price - Interruptible Supply • The customer is committed to contract participation prior to bid solicitation. • The customer must have 100% dual fuel capability. • The customer price for natural gas to the city gate will vary monthly based on the New York Mercantile Exchange (NYMEX) futures commodity prices and a fixed "basis cost" to determine each month's final price. Prices are revised and released by the OGS Procurement Services Group during the last week of the month preceding the month of delivery. • The customer may nominate "0" for any month if the alternate fuel is more economical than the transportation natural gas. Also, the customer may have its gas supply interrupted when the supplier can provide satisfactory justification for an interruption or curtailment under the conditions stipulated in the OGS contract. NOTE: When participating in an indexed interruptible supply and the awarded prices for the commodity and basis prices for natural gas are greater than the customer's alternate fuel, the State reserves the right to buy the alternate fuel but only if the decision to switch from gas is made at the time of nominations for that particular month unless otherwise agreed upon by both marketer and individual facility. IMPORTANT: Using Dominion Transmission, Inc. (DTI) receipt point at south of Valley Gate is not accepted in this Award unless the bidder holds primary firm capacity that can deliver gas from the south of Valley Gate to north of Valley Gate during the winter months. (November 1st to March 31st) GAS BALANCING REQUIREMENTS: • Marketers shall be required to exercise reasonable effort to minimize the application of balancing charges. • Marketers shall be required to deliver 100% of the buyers' natural gas requirements on a daily basis and shall be required to balance deliveries to conform to actual consumption by lot on a daily basis. • Upon request by the Office of General Services, the marketer shall deliver within 30 days documentation corroborating any balancing charges billed to buyers under this contract and documentation of marketer's effort to manage pool balance on a daily basis. • The application of excessive or inappropriate balancing charges shall be sufficient basis for canceling this contract and/or rejection of subsequent bid submissions. • Marketer is responsible for all balancing charges to the city gate and all costs related to commodity usage patterns. (continued) 20438a.doc/T03md GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) (Interruptible Supply – Index Price) AWARD PAGE 34 SALES/TITLE TRANSFER POINT: The State of New York takes title at the sales point(s) identified by the bidder. Notwithstanding transfer of title to the State at the sales point(s), marketer shall be deemed to exercise or continue in control and possession of the gas being delivered and responsible for any damage or injury caused until gas has been delivered at the LDC city gate (delivery point). Also, marketer shall be responsible for the coordination and scheduling of transportation volumes including completing all arrangements for transportation services for delivery of the natural gas to existing meter at each agency. WARRANTY OF TITLE: Marketer warrants title to all natural gas delivered and warrants that it has the right to sell the same and that such natural gas is free from liens and adverse claims of every kind. Marketer shall indemnify and save the State harmless against all loss, damage and expense of every kind on account of adverse claims that accrue before delivery to the State. TRANSPORTATION CHARGES: The marketer shall pay all costs associated with the transportation of the gas to the LDC city gate. The State (i.e. ordering agency) shall enter into a separate agreement with the LDC and pay all costs associated with the transportation of gas from the LDC city gate to the existing meter at each agency. PUBLIC SERVICE COMMISSION RETAIL ACCESS BUSINESS RULES: The marketer shall abide by the New York State Public Service Commission (PSC) Uniform Retail Access Business Practices Cases including all updates/revisions during the term of contract for all natural gas transactions and practices under this contract. This includes any PSC provisions covering "Single Billing". A copy of the PSC Uniform Retail Access Business Practices is available for download from the PSC web page: www.dps.state.ny.us. BALANCING: Due to changes in utility tariffs, and the utility specific balancing charges, the agency reserves the right to review and/or adjust any aberrant balancing charges. In addition, the marketer is responsible for supplying documentation supporting these balancing charges. NOTE: Marketer’s supplying natural gas must be compliant in all Federal, State and NYS Public Service Commission tariffs governing each individual utility territory bid, including but not limited to load aggregations, balancing and individual utility programs. QUANTITY: Subject to the terms and conditions of this contract, the marketer agrees to sell and deliver to designated agencies, and agencies agree to purchase and accept from the marketer the nominated quantity of MMBtu’s of natural gas per month. (Delivery Schedule reflects estimated quantities only.) Agency will be billed for actual quantity consumed. The sale and delivery of gas by marketer shall be on an interruptible or firm basis, as specified within each Lot. Where interruptible gas is specified, the marketer shall not be liable to the State for any interruption or curtailment of deliveries of natural gas to the State where satisfactory justification for such action can be provided in writing to the agency’s end-user and the Office of General Services. Agency’s/End user in an Interruptible Service can only implement alternate fuels usage if decided at time of monthly nomination and the alternate fuel is determined to be less costly based on price information available at the time of nomination. Other arrangements can be made providing mutual consent is established between marketer and end user. (continued) 20438a.doc/T03md GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) (Interruptible Supply – Index Price) AWARD PAGE 35 National Fuel Gas & Distribution In National Fuel Gas & Distribution (NFGD) territory, agencies will be served under NFGD’s Dual Billing and/or supplier transportation, balancing and aggregation (STBA) Agency shall be billed for actual quantities of gas consumed. Any penalties assessed by the utility will be the sole responsibility of the marketer. National Grid If daily balancing, marketer is required to be in balance within the daily tolerance, which is 5% for November through March and 10% for April through October. Balancing service recovery charge should also be included in bid price. Rochester Gas & Electric In Rochester Gas & Electric (RG&E) territory, agencies will be served under RG&E’s daily balancing services in accordance with RG&E's PSC No. 12-schedule for gas distribution service. Marketer is required to provide the utility's monthly Firm Transportation Rate Adjustment Statement (filed at the NYS Public Service Commission) with the invoice submitted to the end user. New York State Electric & Gas Effective January 1, 2004, PSC has approved a demand charge for daily balanced accounts behind NYSEG that is billed to the marketer. This added demand charge will be allowed to be passed through to the facility unaltered as billed by NYSEG and be listed as a separate line item on the bill. Do not include the demand charge in your bid price. NOMINATIONS: Agency shall notify marketer in writing not less than five (5) calendar days before the first day of each delivery of the estimated monthly and/or daily gas nomination of the agency as necessary. (Note: for the purposes of clarification, the 27th of the previous month if it is a 31-day month and the 26th of the previous month if it is a 30-day month.) If agreed to by the marketer, nominations may be submitted to marketer at a later date. Marketer shall take no action to supply gas unless a formal nomination has been received. Further, marketer should make certain that the using agency submits a nomination each month, even if the nomination is zero. If agency nominations are not timely, marketer may contact the Office of General Services for assistance. Agency shall pay for volumes of gas so nominated which are delivered to agency, subject to the Force Majeure Clause listed herein. If applicable, marketer shall be responsible for notifying Agency of any mid-month adjustments to Agency nomination. In instances where an Agency facility has prior monthly balances of natural gas supply which are carried over into the upcoming month, otherwise know as rollovers or carryovers, it shall be the responsibility of both the Agency facility and the marketer to communicate said rollovers to the other party in order to avoid unnecessary penalties imposed by the local utility. IMPORTANT: INTERRUPTIBLE CUSTOMERS ARE NOT PERMITTED TO FUEL SWITCH DURING THE DELIVERY MONTH EXCEPT WHEN THERE IS A PIPELINE OR UTILITY INTERRUPTION/OPERATION FLOW ORDER (OFO) UNLESS MUTUALLY AGREED UPON BY MARKETER AND INDIVIDUAL FACILITY. CURTAILMENTS/INTERRUPTIONS: If an agency nominates gas, and the LDC and any available pipeline is flowing supply, marketers are expected to supply gas for the entire month and the end user is required to burn the gas for the entire month. The State agrees to be interrupted only when marketer can provide satisfactory justification of interruptions or curtailments that occur on pipelines or at the LDC level, as a result of demand for transportation service/supply exceeding capacity. Where firm supply is specified, marketer is expected to deliver natural gas at all times. Note that firm supply specified in this Award means primary firm nonrecallable primary delivery point capacity to the city gate and not secondary firm supply. (continued) 20438a.doc/T03md GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) (Interruptible Supply – Index Price) AWARD PAGE 36 CURTAILMENTS/INTERRUPTIONS: (Cont’d) Should curtailment/interruption occur, marketer will be required to provide to the customer and the Office of General Services satisfactory justification, including written documentation from pipeline or LDC that clearly describes details of curtailment/interruption. Marketer shall be responsible for notifying both customer and the Office of General Services, in writing via fax or e-mail of any pipeline curtailments as soon as possible after marketer becomes aware that a curtailment will take place. Failure to notify the customer and the Office of General Services in writing within 24 hours of pipeline curtailment shall be sufficient justification for the agency to apply a charge-back, which shall be the difference between the contract natural gas price versus the open market purchase price or the utility supplied price, including any LDC imposed charges. Such notification must be issued by the pipeline in question and must indicate the name, number and location of the station where curtailment takes place. This notification is required for each and every instance that capacity curtailment takes place. If gas should flow after marketer notifies customer of curtailment/interruption of service, marketer will notify customer, and LDC if applicable, within 12 hours of resumption of service. Marketer will be liable for any charges caused by marketer's failure to inform customer and LDC, if applicable, of lifting of curtailment/ interruption. AGENCY TRAINING: Marketer is responsible for conducting training sessions of appropriate length for critical agency personnel. Such sessions shall explain the mechanism of the transportation gas contract and shall be scheduled as requested by agency. DELIVERY PRESSURE: The gas purchased shall be delivered for the account of the State at a pressure sufficient to effect delivery into the pipeline facilities of the transporter. NATURAL GAS QUALITY: All gas delivered to the LDC’s city gate shall have a total heating value of not less than 967 Btu per cubic foot and not more than 1100 Btu per cubic foot. The gas delivered to the local distribution company’s city gate shall be commercially free from objectionable odors, dust or other solid or liquid matters which might interfere with the merchantability of the gas or cause injury to or interference with proper operation of the lines, regulators, meters, or other appliances through which gas flows. The gas supplied to the local distribution company’s city gate shall not contain any active bacteria or bacterial agent capable of contribution to or causing operational problems. The gas delivered to the local distribution company’s city gate shall be free of water and hydrocarbons in liquid form at the temperature and pressure at which the gas is delivered, and shall not contain any hydrocarbons which might condense to free liquids under normal conditions in the local distribution company’s pipelines and shall not contain more than seven pounds of water in vapor phase per one million cubic feet. The gas delivered hereunder at the primary point of delivery shall be commercially free of gum, gumforming constituents, gasoline and other solid and/or liquid matter that may become separated from the gas during transportation thereof and shall conform to quality specifications included in the interstate transporter’s tariff as approved by the Federal Energy Regulatory Commission (FERC) and/or those required by delivering pipelines. BILLING AND PAYMENT: After the delivery of gas has commenced, the marketer shall render to the consuming agency a statement showing the quantity of gas delivered during the preceding month. The State has made payment of bills a top priority. Special payment procedures, designed to expedite invoice processing from receipt to mailing of checks have been implemented and proven effective. In some utility territories the marketer bills the customer/agency for local LDC delivery (city gate to burner tip) and in most cases, customer/agencies will be given the option to allow marketer or the LDC to issue combined bills. (continued) 20438a.doc/T03md GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) (Interruptible Supply – Index Price) AWARD PAGE 37 NOTE: Should the price structure utilized by the parties become unworkable for the State, detrimental or injurious to the State, or result in prices which are not truly reflective of current market conditions and the price is deemed unreasonable or excessive by the Commissioner, and no adjustment in price is mutually agreeable, the Commissioner reserves the sole right upon 10 days written notice mailed to the marketer to terminate any contract resulting from this bid opening. If the marketer is unable or unwilling to meet contractual requirements in whole or in part, it shall immediately notify the State of that fact, enabling the State to take appropriate action. Such notification shall be in writing and shall be directed to the Office of General Services, Procurement Services Group. The effective date of such termination shall take into consideration the ability of State facilities to file nominations in a timely manner for the following month’s deliveries. FORCE MAJEURE: Curtailment/Interruption of one or more pipelines will not be considered a force majeure situation. Except for the State’s obligations to make payment for gas delivered hereunder, neither party hereto shall be liable for any failure to perform the terms of the contract when such failure is due to “force majeure” as hereinafter defined. The term “force majeure” as employed in this specification shall include but not be limited to acts of God, strikes, lockouts, or industrial dispute or disturbances, civil disturbances, arrests and restraint from rulers or people, interruption by government or court orders, present and future valid orders of any regulatory body having proper jurisdiction, acts of the public enemy, wars, riots, blockades, insurrections, inability to secure or a delay in securing labor or materials, including delay in securing or inability to secure materials by reason of allocations promulgated by authorized governmental agencies, epidemics, landslides, lightning, earthquakes, fires, storms, floods, washouts, explosions, breakage or freezing of pipelines, inability to obtain easements or right-of-way, the making of repairs or alterations to lines of pipe or plants, mechanical breakdown of either parties’ facilities, the failure of any local distribution company to accept gas for delivery for any reason, force majeure of any third party, partial or entire failure of gas supply or any other cause, whether the kind enumerated above or otherwise so long as the causes are not reasonably within the control of the party claiming “force majeure.” The “force majeure” shall, so far as possible, be remedied with a reasonable dispatch. The settlement of strikes or lockouts or industrial disputes or disturbances shall be entirely within the discretion of the party having the difficulty and the above requirement that any “force majeure” shall be remedied with all reasonable dispatch shall not require the settlement of strikes, lockouts, or industrial disputes or disturbances by acceding to the demands of any opposing party therein when such course is inadvisable in the discretion of the parties having the difficulty. For purposes of this clause “force majeure” which interferes with the State’s ability to use natural gas shall be deemed to occur no later than twelve (12) hours after receipt of notification thereof by the State. GOVERNMENT AUTHORIZATION: The contract shall be subject to all valid applicable local, state, and federal laws and the orders, directives, rules and regulations of any governmental body or official having jurisdiction. The contract shall only be amended by a written instrument executed by the parties hereto. The contract contains the entire understanding of the parties with respect to the matter contained herein. There are no premises covenants or undertakings other than those expressly set forth herein. The headings used throughout the Invitation for Bids, specifications and resulting contract are inserted for reference purposes only, and are not to be taken into account in construing the terms and provisions of any Article, not to be deemed in any way to qualify, modify, or explain the effects of any such term or provision. As to all matters of construction and interpretation, the Invitation for Bids, specification and this Award shall be interpreted, construed and governed by the laws of the State of New York. REBATES: The Office of General Services has the right to determine the disposition of any rebates, settlements, restitution, liquidated damages, etc. which arise from the administration of this contract. (continued) 20438a.doc/T03md GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) (Interruptible Supply – Index Price) AWARD PAGE 38 NOTICES: Any notice, request, demand, or statement provided for in the contract shall be in writing and deemed given when deposited in the United States postage prepaid directed to the post office address of the parties. INVOICES: Marketer may be required to furnish copies of monthly invoices to PURCHASING TEAM 3, NYS OFFICE OF GENERAL SERVICES, PROCUREMENT SERVICES GROUP, 38TH FLOOR CORNING TOWER, ESP, ALBANY, NY 12242 for recording sales transactions and analysis. AGENCY/MARKETER RESPONSIBILITIES FOR ALL UTILITY TERRITORIES: Agency Responsibilities: Agency will be responsible for placing nominations for natural gas supply to the marketer “in writing” not less than five (5) calendar days prior to the first day of the month for which supply is needed; or, at a later date if mutually agreed upon by marketer and the agency. Agency will be responsible for supplying usage data to marketer on an as-needed basis as required by the marketer in order to serve Agency under the utility/LDC. Agency will be responsible for supplying faxed meter reads to marketer on an as-needed basis. Agency will be responsible for having installed and utility approved remote telemeter devices, if needed. Agency will be responsible for timely completion of utilities aggregation form upon receipt from Marketer for further submission to Utility Company. Agency will be responsible for completion of any additional documentation as deemed necessary by Marketer and Utility/LDC. Marketer Responsibilities: Marketer will be responsible for placing nominations for natural gas supply to LDC “in writing” in accordance with utilities nomination schedule. (See Appendix B, Article 42 - "Estimated Quantity Contracts" and "Quantity" clause elsewhere herein.) Marketer, prior to the start of contract, will inform user agencies of the format and manner of billing, including whether commodity will be billed separately by the contractor, or whether the contractor will be billing for the utility transportation on a single bill, and will provide a sample billing format. Marketer will be responsible for requesting faxed meter reads from the Agency locations as deemed necessary by the marketer in order to serve Agency under the applicable utility company's program. Marketer will be responsible for executing the completion and submission of the utilities aggregation form as required by the utility/LDC. Marketer will be responsible for creating a pool of customers within the LDC's pooled balancing program to better facilitate its daily balancing responsibilities. This pool will consist of customers included in this Award but may also include other customers served by the successful bidder within this LDC territory. (continued) 20438a.doc/T03md GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) (Interruptible Supply – Index Price) AWARD PAGE 39 AGENCY/MARKETER RESPONSIBILITIES FOR ALL UTILITY TERRITORIES: (Cont’d) Marketer Responsibilities: (Cont’d) Marketer will be responsible for requesting any usage data from the Agency locations as deemed necessary by the marketer in order to serve Agency under utility/LDC's program. Marketer will be responsible for completion of any additional documentation as deemed necessary by the State or utility/LDC. Marketer will be responsible for any and all daily/end-of-month “cash outs” as imposed by LDC, if applicable. Marketer shall bill customer for actual quantities of natural gas consumed. Marketer, where required, will secure adequate upstream capacity (and storage, when applicable) to ensure that service is "firm." Marketer will not be responsible for any additional costs incurred by Agency locations as a result of Agency location’s failure to supply Marketer with necessary faxed meter reads as required by Marketer. Marketer will be responsible to own the balance control account for all agencies listed herein, in accordance with individual utility/LDC when applicable. Marketer will be responsible for any excessive balancing charge when applicable. (See "GAS BALANCING REQUIREMENTS” on Page 33 herein.) (continued) 20438a.doc/T03md GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) (Interruptible Supply – Index Price) AWARD PAGE 40 State of New York Office of General Services PROCUREMENT SERVICES GROUP Contract Performance Report Please take a moment to let us know how this contract award has measured up to your expectations. If reporting on more than one contractor or product, please make copies as needed. This office will use the information to improve our contract award, where appropriate. Comments should include those of the product’s end user. Contract No.: Contractor. Describe Product* Provided (Include Item No., if available): *Note: “Product” is defined as a deliverable under any Bid or Contract, which may include commodities (including printing), services and/or technology. The term “Product” includes Licensed Software. Excellent Good Acceptable Unacceptable Excellent Good Acceptable Unacceptable • Product meets your needs • Product meets contract specifications • Pricing CONTRACTOR • • • • • Timeliness of delivery Completeness of order (fill rate) Responsiveness to inquiries Employee courtesy Problem resolution Comments: (over) Agency: Prepared by: Address: Title: Date: Phone: E-mail: Please detach or photocopy this form & return by FAX to 518/474-2437 or mail to: OGS PROCUREMENT SERVICES GROUP Customer Services, 37th Floor Corning 2nd Tower - Empire State Plaza Albany, New York 12242 * * * * * (continued) 20438a.doc/T03md
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