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Opening of Proposals - City of SB Natural Gas Supply - Constellation
AVEMONY111111 ConsteRation. An Exeloi-i Corr pany HEM0 11111111111111 111!!1111111111 1. i�i lip a I 7070M 1 0 it 91 Submitted by: Dana Murphy Constellation NewEnergy - Gas Division, LLC 9400 Bunsen Parkway, Suite 100 Louisville, KY 40220 Tel. 317.439.9969 wwAxonsteHation. coa� @ 2018. Constellation Energy Resources, LLC. Any offerings described herein are those of either Constellation NewEnergy-Gas Division,, LLC or Constellation NewEnergy, Inc., affiliates of each other and ultimate subsidiaries of Exel:lon Corporation. Brand names and product names are trademarks or service marks of their respective holders. All rights reserved. Errors and omissions excepted. This submission includes proprietary and confidential information belonging to Constellation Energy Resources, LLC and its affiliates. By accepting this RFP submission the recipient agrees to take reasonable precautions to protect such confidential information, including that the information will not be duplicated, used, or disclosed to third parties, in whole or part, for any purpose other than evaluation of the RFP. AOMW ANW101111 �% Constettation,,,, An Exelon Corcipany May 8, 2018 Board of Public Works City of South Bend, Indiana 1316 County -City Building 227 West Jefferson Blvd, South Bend, IN 46601 RE: Natural Gas Supply for City of South Bend Owned Facilities To Whom It May Concern: Constellation N!ewEnergy - Gas Division, LLC ("CNEG") is pleased to present the attached bid to the City of South Bend ("Customer"), CNEG is a proud member of the Exeion Corporation family (NYSE: EXC). As one of the largest retail gas suppliers in North America, CNEG is uniquely qualified to serve as your retail energy supplier, CNEG's success is built upon strength, flexibility and intense focus on customer satisfaction. CNEG is committed to, superior service and unique market insight to help manage your energy costs. We have included specific standard NIPSCO Choice program offerings, Constellation, NewEniergy - Gas Division, LLC ("CNEG") is a physical energy provider and does not provide and is not providing advice regarding the value or advisability of trading, in "commodity interests" as defined in the Commodity Exchange Act, 7 N.S.C. §§ 1-25m et seql., as amended (the "CEA"), including futures contracts, swaps or any other activity which would cause CNEG or any of its affiliates to be considered a commodity trading advisor under the CEA. We have included a copy of our base NIPSCO Choice agreements for review. The agreement governs any and all transactions for the purchase and sale of Natural Gas between CNEG and Customer. To the extent that the terms and conditions in the RFP are not addressed in the Agreement or conflict with those in the Agreement, CNEG takes exception to those terms and conditions. Thank you for the opportunity to respond to this Request for Proposal. We appreciate the opportunity to submit our response and look forward to the opportunity to serve your energy needs. Please do not hesitate to call me directly if you have any questions. Thanks! - Regards, C�m Dana Murphy Constellation NewEne)ry/- Gas Division, LLC Business Development Manager (3 11 7) 439-9969 Dana. murphy@constellation.com, Constellation I Response to RFP I May 8, 2018 1 Page 2 ,CONFIDENTIAL Use or disclosure of data contained herein is subject to the restriction on the title page of this proposal. AMMEW AM MT, 9M, ConsteRation. An Exelon Company B —SUPPLIER EXPERIENCE. I —ABOUT US - OVERVIEW AND, BACKGROUND. Constellation New Energy— Gas (Division, LLC is a division of Exelon Corporation. Exelon is the leading U.S. competitive energy provider, with one of the cleanest and lowest -cost power generation fleets and largest retail customer bases in the country. Exelon's lily of comparfles represents every stage of'the energy value chairs. Generatbri Exelon Generation Generation Capacity, . 1 .32. f00 MW Er,�ergy&Mes &Services Constellation Competitive Load Served: I �310 IWH (pmAie 10(), Competifive EnergySales : 220,0100 hu!sneis & pulAc sector Appiomnmt0y,l I million ies,id(,,mN.0 whole'"'Ie sales, di"";palch, al td (1(flwe:y Ii oiY n Fxekm s - 3',, GVV power I:Moftllo I`ransii Y 0:ss�on & DE,�Hvpry Atlantic City Electric, BGE, ComEd, Delmarva Power, PECO and Pepoo Service, 10 1110fion ek',(;Jrw and na0mfl �'Jlas cusknne�s Exelon Corporation (NYSE:EXC) is a FortuneI00 company and is named by Fortune Magazine's list of "World's Most Admired Companies" with approximately $33 billion in annual revenues. Headquartered at 10 S. Dearborn Street in Chicago, Exellon is, the largest competitive U.S. power generator, with more than 32,000 megawatts of owned capacity comprising one of the nation's cleanest and lowest -cost power generation fleets and employing 34,000 employees. Exelon's utifities deliver electricity and natural gas to approximately 10 million customers in the MiclAtlantic (13GE, Delmarva, Pepco), northern Illinois (ComEd) and southeastern Pennsylvania (PECO). Learn more at: w,ww,exeIIoncorp.qoirn, Constellation I (Response to RFP I May 8,2018 I Page 3 CONFIDENTIAL Use or disclosure of data contained herein is subiect to the restriction on the title page of this proposal. .9now AAMNYIPPF"' Amm"Ir" ConsteRation. Ali Exefon Cornpany Constellation provides retail power, natural gas, renewable energy and energy management products and services for homes and business across the continental United States, We provide integrated energy solutions —from electricity and natural gas procurement and renewable energy supply to energy efficiency and distributed energy to help customer strategically buy, manage and use their energy. Constellation is headquartered at 100 Constellation Way in Baltimore, MD. Our gas division is based at 9960 Corporate Campus Dr. - Suite 2000, Louisville, Kentucky 40223. Constellation has 2200 employees nationwide. For more information explore: www.constellation.com, Constellation has been in business in this market sinice 2003. Our gas portfolio includes Indiana, complemented by a strong overall Great Lakes and National position, Below is CNEG's natural gas CA I footprint. Constellation: Wno, What and Where we Serlv,e Awe H NaturalGas Detail Powvpr Energy Effidency Solar Distributed Germration more wan 7010 Ble' More nwart 130 'TWh - 190,600MWIT 275 MW' 165MIN :aj x, "'M m'ark'ets^ Z&l 1191n ulrllnd I'll Dfti'rz�' C, -, r" __� e r V F a tJ ` C�USTOMSel X cu-tarr,si, or CuEtrme� sls'a' "'.'M ' n4la21 N �bi4 We serve approximately 2 m,411110n, customers, . i ClUdin Fg n 11f F ofthe ra"Itune 100" more: tliw` 221,,/,/,'�,,000 Businelss & Public Sector customers, and a bO Ut , 2 0 16 elate We serve Power & Natural GasacrossaH competitive markets: "JIVED WATH EL ECT,"JOITYr �431V(D WIN NAWHAt GAS HAYrD W1714 UUMICITY & F161MIAL. GAS Constellation I Response to RFP I May 8, 2018 1 Page 4 CONFIDENTIAL Use or disclosureof data, contained herein is subiect to the restriction on the title page of this proposal. Cori steltatio n. An Exeton Corripany SUSTAINASILITY. Constellation and Exelon's commitment to sustainability is indicative of our strengths to serve the City of South Bend. Our mission is to be the leading diversified energy company by providing reliable, clean, affordable and innovative energy products. Reliable, clean, affordable energy is essential to a sustainable future. We're committed to providing innovation, best -in -class performance and thought leadership to help drive progress for our customers and communities. The very nature of our business requires active participation from the Board to weigh in on, pertinent sustainability challenges. We've reviewed and defined our key 22 issues as part of our corporate Sustainability Report, spanning economic, environmental,, social and governance considerations, We were recently named to the North America Dow Jones Sustainability Index for the thirteenth consecutive year. our full corporate, sustainability report is available at hhttteZlwww.exelo,n,cor,gtcotnlsustqinab 2 - NIPSCO CHOICE EXPERIENCE. Constellation currently serves 5,441 residential customers and 1,253 small business customers in the NIPSCO Choice program. Our recent twelve months of deliveries into the Choice market totals more than 1,109,997 Dekatherms, EXPERIENCE, CAPABILITIES, and SCOPE OF SERVICE. The services described in the RFP are well within the scope of services provided in the normal course of business by CNEG across our footprint in general, and Indiana in particular. Constellation NewEnergy-Gas offers unparalleled breadth and depth in every category that is critical to fulfilling your natural gas requirements. Our miarket experience is extensive, • supply Active market participant in all major supply basins and trading points in N. America • Transportation Active on more than 45 interstate pipelines on a daily basis • Distribution Schedule, nominate and balance on 14S+ LDCs • Risk Mgmt Unique and proven programs offered to facilitate purchasing strategies • Tariffs Expertise managing 145+ LDC and pipeline tariffs • Reporting In-house systems managing over 16,000 customer facilities • Operation Managing supply, transportation and distribution 24 Ihrs/day 3 - KEY ACCOUNT PERSONNEL. Constellation strives to be the easiest company to do business with. We utilize a team, approach to work with the City of South Bend. This, simplifies the City's communications by providing a main contact who is readlily available to respond to inquiries, gather information for billing/reports/etc. as well as execute fixed price requests. Your assigned Account Manager will serve as a liaison to the different departments within our organization to simplify your experience and save time. Your account team will also bring in Commodities Management and supply team members for custom market updates and planning. The depth of our team provides years of expertise available to the City as well as a primary point of contact for accessing all that Constellation Ihas to offer. Contact with the City of South Bend will be a mix of in -person meetings with the local account team as well as regular phone calls and email communications. Constellation I Response to RFP I May 8, 2018 1 Page 5 CONFIDENTIAL Use or disclosure of data contained herein is subject to the restriction on the title page of this ,pMposaL '119911111111111W A11001TWIVI" ConsteLla-fiom. An Exelon Company The City's Business Development Manager is Dana Murphy. Dana has over fourteen years of experience in the retail gas business. She has been with Constellation for nearly five years. Dana manages gas supply for school, government and commercial customers thiroughout the state of Indiana and is based in Indianapolis. Your Account Manager, Karin Hammond, has been in the natural gas industry since 1998 having served thousands of customers over the past 19 years. Karin currently oversees customers of aill business segments throughout Indiana and western Kentucky. From universities and hospitals to small manufacturers and internationally recognized corporations, Karin answers to all the needs of her customers including utility knowledge, balancing issues, invoice questions or simple meter fixes. 4 - KEY ACCOUNT CONTACT INFO. Dana Murphy 9400 Bunsen P,kwy, Suite 100 Louisville, KY 40220 Ph, (317) 439-9969 Fx. (317) 257-7997 Dana.murph,y@constelliation.com Regiional Office for NIPSCO Operations 1760 Lawrence Dr. DePere, WI 54114 (920) 617-6100 Gas,CustomerCare L constellatjoin.corn (800) 470-9331 5 - REFERENCES Karin Hammond 9400 Bunsen Pkwy, Suite 100 Louisville, KY 40220 Ph. (812) 459-1150 Fx. (502) 426-8800 Karin,hai,n.!noiid_@coi,istellation,com Constellation serves many entities of similar size, scope, structure and function as the City of South Bend. Constellation is a national leader in providing comprehensive energy solutions to federal, state and local agencies as well as private sector firms that range from smaill single site businesses to the Fortune 100. This includes over 4000 government customers in 47 states. Constellation currently serves over 383 federal agencies and institutions. We are a federally approved provider of load response services andl one of only sixteen organizations selected by the Department of lEniergy as a Super Energy Savings Performance Contract Supplier. Constellation is a Leadership Award recipient from the National Council for Public Private Partnerships and is a National Association of Energy Service Companies (NAESCO) Accredited Energy Service Provider, Constellation I Response to RFP I May 8, 2018 1 Page 6 CONFIDENTIAL Use or disclosure of data contained herein is subject to the restriction on the title, page of this juroposal, Adwow iom. An Exolon Cowipany Approved references: Philadelphia School District Customer Since 2012 Contact: Marvin Lee 215-400-4310 Philadelphia, PA 19033 Chicago State University Customer since 2003 Contact: Ed Mlakar, Purchasing 773-995-3514 9501 South King Drive Chicago, IL 60628 Baltimore Regional Cooperative Purchasing Committee Customer since June 2007 410-887-3884 400 Washington Ave, Rm.148 Towson,, MD 21204 C. SUPPLIER HISTORY AND STABILITY — FINANCIAL INFO. Constellation's experience and history exceeds the minimum requirements of the RFP. Constellation has been in business longer than, five years and has participated in the NIIPSCO Choice program for longer than three years, Exelon and Constelllati on's financial strength is an asset to our customers for stability and breadth of service offerings. Exelon is, a publicly traded company and financial statements are available at www.exeioncorra c2fperformance/investorjs/.ovlvi�vr.spx investovjs/.pKtLyL�v�Lasp Constellation I Response to RFP I May 8, 2018 1 Page 7 CONFIDENTIAL Use, or disclosure of data contained herein is s4ject, to the restriction on the title page of this proposal, AMNW ANNINIPP" ConsteRation. An Fxe(on Conipany D - PRICING PRQPOSAL. CNEG Is offering the City of South Bend's locations a single price for the group. This indicative pricing includes 100% percent swing with a fixed price option. Ilndlicative standard Choice Pricing as of 5,/7/2018 with a September 2018 start is as follows: 7-Ma,y Price Type Term Therm Price Fixed 24 $ 0.28 36 $ 0.28 49 $ 0.28 Float 24 NX -0.0035 36 NX -0.0027 49 NX -0.0015 Pricing is indicative as of the 517118. Pricing subject to refresh and volume verification at time of award. Fixed Pricing quoted above includes 100% Swing, NYM,EX+ fixed adder pricing includes 100% swing. If selected, the City would have the option to convert to a fixed price at a future point in time. Constellation does not charge a fixed hedging fee or "premium above the screen" at time of conversion to a fixed price. Current Interstate Transportation and Storage Fees are $,088/therm. The fee is variable, typically seasonalily, without specified variability periods. The calculation of the variable price includes, but is not limited to supplier's cost for any applicable pipeline, LDC charges, storage costs and pooling charges. E — S Prices quoted include 100% swing. F — PROCUREMENT, Constellation will work with the City of South Bend to create a procurement strategy. The City is notified of a, fixed price conversion via an updated contract as per the attached sample. MARKET INTELLIGENCE AND COMMUNICATIONS, Constellation communicates market information to help our customers make decisions in many ways and formats. Constellation provides, customized communications via blogs, newsletters, regulatory updates and case studies to your email inbox. We hold bi- monthly webina,rs with, our Commodities Management Group (CMG). Your account team is briefed with in- depth market information weekly that can be condensed and shared with buyers. The CMG group is also available for local customer meetings and could conduct regular customized updates for the City of South Bendl. G — INVOICING. The City of South Bend will receive Constellation's charges on their NIPSCO invoice. H — BUDGETING AND REPORTING. Samples of customer reports are included in appendix. Constellation I Response to RFP I May 8,2018 Page 8 CONFIDENTIAL Use or disclosure of data contained herein is subLect to the restriction on the title page of this poosal, AMWWYPW� Ammpw�"" Consteltation,., An Exelon Company I — SUPPLY AGREEMENT. Sample Agreements for Choice Program, Fixed pricing and NYMEX Plus Basis (Henry Hub) contract arrangements are included in the Appendix. CNEG will make commercially reasonable efforts to modify agreements, however, standard Choice program agreements are, subject to stricter parameters than typical retail agreements and certain changes may not be able to be accommodated. i — INDEMNIFICATION. Constellation will refer to Terms and Condition of the Agreement. Sample agreements are included in the Appendix. P - EQUALOPPORTUNITY EMPLOYER. Constellation is an Equal Opportunity Employer, Additionally, Constellation and Exelon maintain the highest commitments to diversity. Just this month (May 2018), Exelon received two prestigious honors, for our commitment to diversity and inclusion. Exelon secured 32nd place on Diversityinc's 2018, list of Top 50 Companies for Diversity which recognized the nation's top companies that excel in such areas as hiring, retaining and promoting women, minorities, people with disabilities, LGBT employees and veterans. The organization also named Exelon a Top Five company for veterans. Also last week, the Chicago Minority Supplier Development Council, a premiier organization focused on increasing business opportunities between major buying organizations and minority - owned businesses recognized Exelon and ComEd jointly as Corporation of the Year for investing in the success of minority owned business partners. Constellation 11 Response to RFP � May 8, 2018 1 Page 9 CONFIDENTIAL Use or disclosure of data contained herein is subject to, restriction on the title page of this progosal. AMUW �IIMP1✓/ ConsteLLation. An Lxelon Cornpany By the Numbers: Exelo °fs OUIM tment to Diversity Business Si,jppfiers Cartruu'q ill uoIa IcrrNkn c' '�ityte utilti-iI,;auuII I xwrw vvr9do'n I roirq�v I. V'tlw oI!]Iprm I! Yy :a � �riiroureil&bolt,r,c'pq,rry fisInIIy^,auir�^�rrt �uaxupa,tk�ud^a,,,ruu�atuuwti v A Ilk .^;.io� a &�Irh.II v Oriapuwr lob°I',ipbo,iuliollPd�e���kowobprwA�.�Mrsi�ir,twau�t;�cu�utr^r6OI�-oGy,,t"Xlll, #'L N ,;,;^rr,1 o Jp'm ¢�.wt [o zr{t .ar tl l"'xt:iam' iw"%flI lP a u",pY`YV 'sx o ttgrlpu.t O;xp,�I�tilp.irdLt nsidrra. More Billion. vwwl°kh is Vow. it fti nur runs e ihav, Iasi y P rw iG', W�'m' �l�a�ii���rr�r�ll><�lltl lllllllllll�llfl�o11111`�llil�fi �iiiioir il(l�/�lllll���� t„'x.waiar.�r¢ri�I �uwG R - TERM AND TERMINATION. Contract would be renewed upon mutual agreement, in accordance with the contract and terminated or cancelled pursuant to contract terms. Constellation V Response to RFP G May 8, 2018 1 Page 10 CONFIDENTIAL Use or disclosure of data contained herein is subiect to the restriction on the title page of this prooDeep. -AAMEW 'Amwfly"fl, Avmw,�P"-, ConstelLatiom. An F-xenon Cornpany Constellation I Response to RFP I May 8, 2018 d Page 11 CONFIDENTIAL Use or disclosure of data contained herein is, subject to the restriction on the title page of this proposal, -ANAMW ,AEWl,ffif,,0Fr' Avmm""", ConstieLLatiom. An Belon Cornpany Sample Reports: CorninoditySummary Report View Artiml Prices fbw I 00od & llozilifq,e Voluinuls Conin'lo(fity vc1lurnes NlvP Volumes Hoating, Cxircirnodily V011,1111("S I ule aibove elaqa 1v4)re,wrlt% et zoornod,dn wiew Ol key c0hiamsl does nut rfV;&�,t-1 thO, tO rol',wbrt m Locked Commodity Report vt ? Constellation I Response to RFP I May 8, 2018 ( Page 12 CONFIDENTIAL Use or disclosure of data contained herein is subject to restriction on the title page of this proposal. AMOW AMMONIPPY" Awwjj➢g,-' ConsteRation. An Ixelon Cornpany 9291my'ki ADDENDUM RECEIPT ACKNOWLEDGEMENT NON -COLLUSION NON -DEBARMENT AFFIDAVIT, IRAN, EMPLOYMENT, NON-DISCRIMNIATION, US STEEL . Requested form is, attached. CNEG has removed E-Verify language as, it states there is reference to thiis item in the proposal. CNEG does comply with E-Verify and has added those requirements to special provisions within the Agreement for other customers, CNEG will provide that language in a negotiated contract. CNEG has also removed the US Steel/Foundry products language as it is not applicable to this proposal. Constellation I Response to RFP I May 8, 2018 1 Page 13 CONFIDENTIAL Use or disclosure of data contained herein is subLect to the restriction on the title na of this proposal, 13t6('OtJN'I"Y-Ci,i,yBuie ,i)iN(; PiioNE 574/235-9251 FAX .574/ 235-9171 227 W. JEFFERSON Boul-EVARD Souni BENI), INDIANA 46601-1830 1865 TDD 574/ 235-5567 CITY OF Sc m,i-i BEND PETE B[TFFIGIEG, MAYOR BOARD OF PUBLIC WORKS Date: May 7, 2018 To: All Planholders From Linda M. Martin, Clerk, Board of Public Works Subject Addendum Number: I Project Name: Natural Gas Supply Project Number: 17-019 III �r ill 111 71 Date Received: May 4, 2018 This addendum is being forwarded to you for the above referenced project. Please sign below and acknowledge receipt of this Addendum by faxing this sheet to the Board of Public Works at (574) 235-9171 within 48 hours of receipt. A copy MUST also be included with your bid package upon submittal. Notes,: The attached documents are hereby added to the Specifications and Contract Documents and become a part of herein. Company: Constellation NewEnergy — Gas Division, LLC M Authorized Signature: 06 Date: Mav 7, 2018 Version 4/2/2015 PROJECT NAME: 17-019 NATURAL GAS SUPPLY Date: May 7,2018 To: All Plan Holders From: Linda M. Mai -tin, Clerk of the Board of Public Works The following BID/PROPOSAL page is to be added/changed to the contract documents: The attached RFP page replaces the original RFP page. The attached Proposal Evaluation page replaces the original Proposal Evaluation page. Items changed - Revised scoring matrix - Revised personnel who will score the proposals A FULL AND COMPLETE COPY OF EACH CORRECTED PAGE IS ATTACHED TO THIS ADDENDUM. You must acknowledge receipt of this addendum by signing the first page, returning it via facsimile to (574) 235-9171, and a copy of the first page must be included with your bid. — This addendum consists of a total of 5 pages — Version 4/2/2015 0 CITY OF SOUTH BEND', INDIANA BOARD OF PUBLIC WORKS REQUEST FOR PROPOSALS Sealed Proposals shall be received no later than 9:30 a.m., EST, on May 8, 2018, in the office of the Board of Public Works, 13th Floor, County City Building, Room 1316, South Bend, Indiana, for: NATURAL GAS SUPPLY FOR CITY OF SOUTH BEND OWNED FACILITIES SUMMARY: The Board of Public Works of the City of South Bend ("City"), on behalf of the South Bend Division of Central Services, is soliciting proposals from qualified vendors to supply natural gas to all city -owned facilities with a NIPSCO natural gas account. The City has 103 natural gas meters with an average consumption of 777,000 therms (77,000 dekatherms). Project description: The purpose of this Request for Proposal ("RFP") by the City is to solicit sealed proposals from qualified vendors to provide natural gas to city -owned facilities, both at market price (based on NYMEX) at pricing based on hedging activity via futures purchases. The Board will open the proposals at 9:30 a.m,, EST, on May 8, 2018, in the Board of Public Works Meeting, Ste. 1308, County -City Building, 227 W. Jefferson Blvd., South Bend, Indiana 46601, Representatives of the City and Central Services will evaluate proposals and make its award subject to the evaluation criteria stated herein below. Proposals must meet the minimum specifications as provided in the City's Request for Proposals. How the Proposals will be evaluated and scored for selection. The person/firm making a proposal to provide this service shall submit an explanation of how they comply with the requirements of this RFP. Exceptions to any requirements mentioned in this RFP must be clearly noted. Information submitted will be scored on a 100 point matrix system as follows and will be graded by members of City staff. 1. Qualifications of Firm a. Experience — 20% b. References — 10'% c. History — 5% d. Financial Stability — 5% 2. Ability to Meet Requirements a. Variable supply (N)(MEX) — 20% b. Fixed supply (hedged contracts) — 20% 3. Price — 20% Version 4/2/2015 Upon selection, the City and Central Services will then be given the approval to negotiate the terms of a final agreement. If an agreement cannot be successfully negotiated with the prevailing proposer, negotiations may be entered into with the second -place proposer, and so on. Following negotiations, the City's Board of Public Works will be asked to review and approve the proposed written agreement and if approved, the agreement will be executed. The successful proposal respondent shall comply with the City's ordinance and all other federal, state and local laws and regulations governing nondiscrimination in employment. The City reserves the right to accept, negotiate scope or reject any or all proposals. Complete Proposal Request packages and instructions are available for download by visiting the City of South Bend's web page at www.southbeDd � i y: X Click on "Business" • Click on "City Public Bids" • Click on "Request for Proposals, Vehicles, Equipment and Miscellaneous Bids" • Click on "Bid/Proposal Interest Form" and register your company to receive updated information • Select specification to download • Print the specification or save it to your computer There is no charge for the specifications. The specifications are also, available for review only during regular working hours in the Depaitment of Public Works, 1308 County -City Building, South Bend, Indiana. Questions should be directed by email to Adam Parsons at qm_r�&c tl b�L umnv The City reserves the tight to review and audit all documents related to this proposal and to request additional information as determined necessary. Failure to comply with the City's request may be deemed grounds for dismissing the proposal. Proposals must include the Non -Collusion Affidavit, Non -Debarment Affidavit, Employment Eligibility Verification, and Non -Discrimination Commitment Form. BOARD OF PUBLIC WORKS Linda M. Martin, Clerk Publish two (2) times: April 13, 2017 April 20, 2017 Version 4/2/2015 How the Proposals will be evaluated: and, scored for selection. The person/firm making a proposal to provide these services shall submit an explanation of how they comply with the requirements of this RFP. Exceptions to any requirements mentioned in this RFP must be, clearly noted. Information submitted will be scored on a 100 point matrix system as follows aind will be graded by members of the City staff. 1. Qualifications of Firm a. Experience — 20% b. References — 10% c. History — 5% d:. Financial Stability— 5% 2. Ability to Meet Requirements a. Variable supply (NYM,EX) — 20% b. Fixed supply (hedged contracts) — 20% 3. Price — 20% Adam Parsons 1045 West Sample Street South, Bend, IN 46601 574-235-9302 DATE ISSUED April 13, 2018 SUBMITTAL DEADLINE, AND OPENING AT PUBLIC HEARING May 8,2018 @ 9:30 AM SUBMIT SEALED PROPOSALS TO: The City of South Bend, Indiana 1316 County -City Building 227 West Jefferson Blvd. South Bend, Indiana 46601 RE: Natural Gas Supply Version 4/2/2015 When the prospective Contractor is unable to certify to any of the statements below, it shall attach an explanation to this Affidavit M (Must be completed for all quotes and bids. Please type or print) STATE OF 1ltt ) SS -___, COUNTY ) The undersigned Contractor, being duly sworn upon his/her/its oath, affirms under the penalties of perjury that 1. Contractor has not, nor has any other member, representative, or agent of the firm, company, corporation or partnership represented by him, entered into any combination, collusion or agreement with any person relative to the price to be bid by anyone at such letting nor to prevent any person from bidding nor to induce anyone to refrain from bidding, and that this bid is made without reference to any other bid and Without any agreement, understanding, or combination with any other person in reference to such bidding. Contractor further says that no person or persons, firms, or corporation has, have or will receive directly or indirectly, any rebate, fee, gift, commission or thing of value on account of such sale; and 2. Contractor certifies by submission of this proposal that neither contractor nor any of its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency; and 1 Contractor has not, nor has any successor to, nor an affiliate of, Contractor, engaged in investment activities in Iran. a. For purposes of this Certification, "Iran" means the government of Iran and any agency or instrumentality of Iran, or as otherwise defined at Ind. Code § 5-22-16.5-5, as amended from time -to -time. b. As provided by Ind. Code § 5-22-16.5-8, as amended from tune -to -time, a Contractor is engaged in investment activities in Iran if either; i. Contractor, its successor or its affiliate, provides goods or services of twenty million dollars ($20,0010,000) or more in value in the energy sector of Iran, or ii. Contractor, its successor or its affiliate, is a financial institution that extends twenty million dollars ($20,000,000) or more in credit to another person for forty-five (45) days or more, if that person will (i) use the credit to provides goods and services in Non -Collusion Non -Debarment Affidavit Non Iran Form the energy sector in Iran; and (ii) at the time the financial institution extends credit, is a person identified on list published by the Indiana Department of Adnvnistration. 4. Contractor does not knowingly employ or contract with an unauthorized alien, nor retain any employee or contract with a person that the Contractor subsequently learns is an unauthorized alien. Contractor agrees that he/she/it shall enroll in and verify the work eligibility status of all of Contractor's newly hired employees through the E-Verify Program as defined by I.C.22-5-1.7-3. ' and 5. Contractor shall require his/her/its subcontractors performing work under this public contract to certify that the subcontractors do not knowingly employ or contract with an unauthorized alien, nor retain any employee or contract with a person that the subcontractor subsequently learns is an unauthorized alien, and that the subcontractor has enrolled in and is participating in the E-Verify Program, The Contractor agrees to maintain this certification throughout the term of the contract with the City of South Bend, and understands that the City may terminate the contract for default if the Contractor fails to cure a breach of this provision no later than thirty (30) days after being notified by the City. 6. Persons, partnerships, corporations, associations, or joint venturers awarded a contract by the City of South Bend through its agencies, boards, or commissions shall not discriminate against any employee or applicant for employment in the performance of a City contract with respect to hire, tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to employment because of race, sex, religion, color, national origin, ancestry, age, gender expression, gender identity, sexual orientation or disability that does not affect that person's ability to perform the work. In awarding contracts for the purchase of work, labor, services, supplies, equipment, materials, or any combination of the foregoing including, but not limited to, public works contracts awarded under public bidding laws or other contracts in which public bids are not required by law, the City, its agencies, boards, or commissions may consider the Contractor's good faith efforts to obtain participation by those Contractors certified by the State of Indiana as a Minority Business ("MBE") or as a Women's Business Enterprise ("WBE") as a factor in determining the lowest, responsible, responsive bidder. In no event shall persons or entities seeking the award of a City contract be required to award a subcontract to an MBE/WBE; however, it may not unlawfully discriminate against said WBE/MBE. A finding of a discriminatory practice by the City's MBE/WBE Utilization Board shall prohibit that person or entity from being awarded a City contract for a period of one (1) year from the date of such determination, and such determination may also be grounds for terminating the contact for which the discriminatory practice or noncompliance pertains. 7. The undersigned contractor agrees that the following nondiscrimination commitment shall be made a part of any contract which it may henceforth enter into with the City of South Bend, Indiana or any of its agencies, boards or commissions. Non -Collusion Non -Debarment Affidavit Non Iran Form Contractor agrees not to discriminate against or intimidate any employee or applicant for employment in the performance of this contract with privileges of employment, or any matter directly or indirectly related to employment, because of race, religion, color, sex, gender expression, gender identity, sexual orientation, handicap, national origin or ancestry. Breach of this provision may be regarded as material breach of contract. I hereby affirm under the penalties of perjury that the facts and information contained in the foregoing bid for public works are true and correct, Dated this At— day of 1, 2 0 1 "t Constellation NewEnergy - has Division, LLC Subscribed and sworn to before me this My Commission Expires --MaA( If, 'Pao .. . ... .0 IARGV-,' Contractor/Bidder (Finn) Signature of Contractor/Bidder or Its Agent Printed Nam" e and Title 1-AAqAQ,,dj, I'01 day of A&Y-l—, I 20ii Notary Public County of Residence �4ccfz( [ran Form �Awmwle AMMOVIrrr" ConsteRation. An beton Company APPENDIX —SAMPLE BASE AGREEMENTS INCLUDED. Constellation I Response to RFP I May 8, 2018 1 Page 14 ,CONFIDENTIAL Use or disclosure of data contained herein is subLect to the restriction on the title 1)a of this .,proposal. MV LL M�x -4- C o n s t e I L a tio n. An Exelon Cornpnny Commercial Customer Acknowledgement Form Natural Gas Supply Contract (NIPSCO) I confirm that my sales representative explained that he or she is acting as an agent for Constellation NewEnergy - Gas Division, I-I-C ("Constellation") and provided me with the following information: 1. I am entering into this Contract (as hereinafter defined) with Constellation and not with Northern Indiana Public Service Company ("NIPSCO"), NIPSCO will continue to deliver the gas, read my meter, send me one consolidated bill, and provide emergency services. 2. This Contract covers the cost of the natural gas itself. in addition, I will continue to pay regulated delivery costs billed by NIPSCO and any additional taxes that may be imposed. 3. Constellation will, supply natural gas at the price per therm indicated on the Commercial Natural Gas Supplier Enrollment Form attached hereto. This price will not change for the term of this Contract. 4. 1 understand that my sales representative is an independent agent of Constellation and does not represent NIPSCO. 5. 1 understand that my eligibility to participate in NIPSCO's Supplier Aggregation Service is subject to confirmation that t have good credit standing with NIPSCO, which, for the purposes of the choice program, is defined as an account that is not in arrears more than 30 days, 6, 1 understand that I can change suppliers at any time during the term of this Contract subject to the terms and conditions of this Contract. 7. 1 understand that this Contract sets forth re -enrollment terms and penalties for early cancellation. & 1 may cancel this Contract within five (5) business days from the date I signed or received this Contract of my choice of Constellation as my natural gas supplier. 9. If I terminate this transaction after five (5) business days from the date I signed or received this Contract of my choice of Constellation as my natural gas supplier, or if I breach this, Contract for any other reason, I may incur a cost recovery fee in accordance with the terms and conditions included with this form. 10, 1 have the right to return to NIPSCO service in the event Constellation terminates my service, 11, 1 will continue to be supplied with natural gas for my business whether or not II sign this Contract. If I choose to remain with NIPSCO, the price will continue to be set subject to regulatory tariff provisions. 12, This Commercial Customer Acknowledgement Form, Commercial Natural Gas Supplier Enrollment Form, any welcome letter and the Terms and Conditions attached hereto are my complete agreement with, Constellation (collectively referred to herein as this "Contract"), and the agent has no authority to change or add to this Contract. 13, Constellation is a registered supplier under the NIPSCO Choice Program (the "Choice Program"), which its subject to ongoing jurisdiction of the Indiana Utility Regulatory Commission ("IURC"). The IURC does not regulate the price of gas or other charges found in this Contract, Questions? Contact us at (855) 465-1244 Fax document to (800) 785-4374 l have read and agree to this Commercial Customer Acknowledgement Form. Please initial Ihere: Your submission is subject to Constellation's final acceptance of enrollment. FOR INTERNAL USE ONLY @2017 ConsteHation Energy Resources, LLC. The forgoing offe6ng is said and contracted by Constellation NewEnergy - Gas Division, LLC, a subsi&ry ofExelon Corporation. Errors and ornissuons excepted. CNEG-1N—N1PSCQ-NYMEX—HENRY HUB—SIOBJ6,15.17 Page 1 of 5 Commercial Natural Gas Supplier Enrollment Form Natural Gas Supply Contract NIPSCO NYMEX PLUS To: Constellation NewEnergy - Gas Division, LLC I Please print your name as it appears on your NIPSCO bill. acknowledge that I am the account holder or a person legally authorized to execute this Contract on behalf of the account holder. I understand that by signing this Contract, I am switching the gas supplier for this account to Constellation and authorize Constellation to initiate service and begin enrollment and undertake whatever steps necessary to accomplish the switch. I understand that gas purchased for this account by Constellation will be delivered through NIPSCO's delivery system. I may cancel this Contract within five (5) business days from the date I signed or received this Contract. Complete details on the terms of cancellation are outlined on the accompanying Terms and Conditions. Contact Name (If different from bill): Service Address: (As it appears on your utility bill): City: Mailing Address (If different from above): City: Account Number: State: State: 23 Zip: Meter # Required: Account Number is 10 digits. Please copy from your NIPSCO bill. For multiple accounts, please attach a listing of all accounts and check here. ❑ Phone:( ) Email: Signature: Date: I have read and agree to the Terms and Conditions. Please check here. ❑ Your submission is subject to Constellation's final acceptance of enrollment. I have carefully selected the following option: The Primary Term of this Contract shall begin on the date set by NIPSCO after my enrollment during the month of <<Month YYYY>> and shall continue for monthly billing cycles. If for some reason we are unable to begin serving during the month specified, the Primary Term will start on the date set by NIPSCO after my enrollment and shall continue for monthly billing cycles. It may take up to two billing cycles for service to begin. Constellation is not responsible for any delays in enrollment. The monthly price for natural gas supplied by Constellation to my accounts for the Primary Term of this Contract shall be 100% of settlement price of the New York Mercantile Exchange (NYMEX) Natural Gas Futures — Henry Hub Contract for the last trading day of each month plus $ per therm. Constellation NewEnergy - Gas Division, LLC By: Date: FOR INTERNAL USE ONLY 02017 Constellation Energy Resources, LLC. The forgoing offering is sold and contracted by Constellation NewEnergy - Gas Division, LLC, a subsidiary of Exelon Corporation. Errors and omissions excepted. CNEG_lN_NIPSCQ.NYMEY HENRY HUB_SMB_06.15.17 Page 2 of 5 TERMS AND CONDITIONS Price: 100% of the settlement price of the New York Mercantile Exchange (NYMEX) Natural Gas Futures — Henry Hub Contract for the last trading day of each month plus $ per therm. In addition to this price, I will also be charged a per therm Interstate Transportation/Storage Charge that will be determined by Constellation and may vary throughout the term of this Contract. Length of this Contract and end date: The Primary Term of this Contract shall begin on the date set by NIPSCO after my enrollment during the month of <<Month YYYY>> and shall continue for monthly billing cycles. If for some reason we are unable to begin serving during the month specified, the Primary Term will start on the date set by NIPSCO after my enrollment and shall continue for monthly billing cycles. Process customer may use Contact Constellation at (855) 465-1244 or written request. to rescind this Contract without penalty: Amount of Early Termination Fee If this Contract is terminated after the 51h business day from the date and method of calculation: customer signed or received this Contract, the early termination fee will be the greater of $150 or the amount of gas customer failed to consume during the remainder of its fixed term, calculated on the basis of prior usage, multiplied by the excess, if any, of the fixed price customer agreed to pay over the price Constellation can sell such gas at the time of the termination. Amount of Late Payment Fee and method of calculation: Late payment fee for any past due amount equal to 10% of the first $3 of any unpaid balance outstanding at the next billing date, plus 3% of any unpaid balance in excess of $3 outstanding at the next billing date. Provisions for renewal of this Contract: Automatic renewal following notice to customer. Conditions under which savings to the customer are Not Applicable guaranteed: 1. I want Constellation NewEnergy - Gas Division, LLC ("Constellation") to supply all the natural gas I need to heat my business and for other related uses, I am eighteen (18) years of age or older, and I am fully authorized to enter into this Contract (as hereinafter defined). I represent and warrant that the natural gas purchased under this Contract will not be used for personal, family or household use. The Commercial Customer Acknowledgement Form, Commercial Natural Gas Supplier Enrollment Form, any welcome letter and these Terms and Conditions are my complete agreement with Constellation (collectively referred to herein as this "Contract"). 2. 1 understand that; • I can continue to have natural gas supplied by my current utility, Northern Indiana Public Service Company ("NIPSCO"), • NIPSCO will continue to deliver gas to me, read my meter, and also provide emergency and other services they have provided in the past. • The natural gas I buy from Constellation may be included in my NIPSCO monthly bill. • This Contract is subject to eligibility requirements of NIPSCO, and Constellation may choose not to accept this Contract for any reason. 3. My supply will begin on the date set by NIPSCO after my enrollment and shall continue for the number of monthly billing cycles indicated above (the "Primary Term"). It may take up to two billing cycles for service to begin. Constellation is not responsible for any delays in enrollment. 4. Each month my bill will be calculated by multiplying (i) the rate of gas charged per therm as indicated in this Contract by (ii) the amount of gas used in the billing cycle plus (iii) applicable taxes, fees, and charges for transportation (including the per therm Interstate Transportation/Storage Charge), distribution and other services. This price may be higher or lower than NIPSCO's price in any given month. If set forth in this Contract, a customer administration charge will be added to the monthly bill. 5, If Constellation decides to renew this Contract, then no later than forty-five (45) days prior to the end of the Primary Term, Constellation will send me a notice of the conditions that will apply for the renewal period. Unless I terminate this Contract in writing at least thirty (30) days before the end of the Primary Term, this Contract will automatically renew in accordance with the renewal terms and conditions. If the renewal notice FOR INTERNAL USE ONLY 002017 Consteltation Energy Resources, LLC. The forgoing offering is sold and contracted by Constellation NewEnergy - Gas Division, LLC, a subsidiary of Exelon Corporation. Errors and omissions excepted, CNEG_IN_NIPSCO_NYMEX_HENRY HUB_SMB_06.15.17 Page 3 of 5 indicates that this Contract will be renewed at a Monthly Variable Price, the Monthly Variable Price will be set in Constellation's discretion and may vary from month to month based on Constellation's assessment of applicable market conditions, historic and projected supply and hedging costs, prior months pricing and balancing costs, projected average customer bill amounts and utility pricing. My Monthly Variable Price may include the following additional costs: balancing costs, transportation costs, line loss costs, storage costs, pooling charges, credit costs and a profit margin determined in Constellation's discretion that may vary from month to month. 6. This Contract may be cancelled as follows: • Within five (5) business days from the date I signed or received this Contract, I may cancel this Contract by contacting Constellation at (855) 465-1244 or by written request. • If I terminate, this Contract after the fifth (51h) business day from the date I signed or received this Contract, the early termination fee will be the greater of $150 or the amount of gas I failed to consume during the remainder of my fixed term, calculated on the basis of prior usage, multiplied by the positive difference, if any, between the fixed price I agreed to pay and the price for which Constellation can sell such gas, at the time of my termination. • The early termination fee is not a penalty, but compensates Constellation for the cost of buying gas in advance on my behalf. The fee only applies to fixed price contracts, • This Contract will automatically terminate without penalty if I move and the requested service location is not served by NIPSCO, or if I move to an area not served by Constellation; otherwise, this Contract will remain in effect if t move. • This Contract will terminate in the event I am disconnected from service for non-payment. Re -enrollment will be required to re-establish my eligibility and service under the Choice Program under a new agreement. • If I receive an arrears notice and do not pay the arrearage balance prior to my next cycle billing date, then effective as of that next billing date,, I will be removed from the Choice Program and returned to bundled utility service. • All returned checks will be subject to, the maximum, fee allowed by law. • In, the future Constellation may bill me directly and separately from NIPSCO, • If I fail to pay my bill, Constellation may cancel this Contract by providing me with fifteen (115) days written notice. • If the iURC or NIPSCO decides to end or change the program under which I buy gas, Constellation may cancel this Contract on thirty (30) days advance written notice with no penalty, In the event Constellation is no longer eligible to participate in the Choice Program, this Contract shall automatically terminate with no penalty. 0 If I fail to pay my bill in a timely manner NIPSCO may terminate my eligibility for the Choice Program, • Should I fail to comply with NIPSCO's payment policies I may no longer be eligible for the Choice Program and will be subject to any pertinent late fees as set forth in the NIPSCO tariff approved by the IURC. It may take up to, two billing cycles to switch service back to NIPSCO or another supplier in the event of the cancellation or termination of this Contract. I am responsible for paying all natural gas consumed prior to the time the switch to NIPSCO or another supplier is effective. 7. If i have a question or concern about my bill, I will call Constellation's Customer Care Center at (855) 465-1244, M-F 8 A.M. to 8 P.M. EST or send a letter to Constellation, P.O. Box 4911, Houston, Texas 77210-4,911, or email to home@Constellation,com. • Constellation will refer all complaints, written or verbal, to a person who will acknowledge them promptly and work out a mutually satisfactory resolution. If I am still unhappy, I may contact a Constellation supervisor who will respond to me promptly. • If my questions are not resolved after I have called Constellation, I may also call the Indiana Office of 'Utility Consumer Counselor ("OUCC"). The OUCC is, the state agency with the statutory responsibility of representing consumers on all utility matters. II have a right to contact this agency with any questions, concerns or conflicts, regarding Constellation or the program. Contact Information: Indiana Office of Utility Consumer Counselor, PNC Center, 115 W. Washington St,, Suite 1500 South, Indianapolis, Indiana 46204; www.IN.gov/OIUCC; Toll Free: (888) 441-2494, Voice/TDD: (317) 232-2494, FAX: (317) 232-5923. Email: QCCINF in.cLoy, 8. IF I SMELL GAS I SHOULD IMMEDIATELY CALL NIPSCO AT (800) 634-3524 AND LOCAL EMERGENCY PERSONNEL AT 911. 9. Throughout the Primary Term and any renewal terms, I authorize Constellation to obtain information from NIPSCO that includes, but is not limited to, account name, account number, credit information, billing address, service address, telephone number, standard offer service type, historical and future natural gas usage (including for the last 0, 12 or 36 months), rate classification, meter readings, characteristics of natural gas service and, when charges hereunder are included on my NIPSCO bill, billing and payment information from NIPSCO. i authorize Constellation to release such information to third parties that need to know such information in connection with my natural gas supply service and to Constellation's affiliates and subcontractors. These authorizations shall remain in effect as long as this, Contract is in effect. I may rescind these authorizations at any time by either calling or providing written notice to Constellation. Constellation reserves the right to reject my enrollment or terminate this Contract in the event these authorizations are rescindedl, I fail to meet or maintain satisfactory credit standing as determined by Constellation, or I fail to meet minimum or maximum threshold consumption levels as determined by Constellation. If I fail to remit payment in a timely fashion, Constellation may report the delinquency to a credit-reporting agency. 10. Constellation will deliver natural gas to an existing or future point of interconnection between NIPSCO's distribution system and a third party pipeline, supplying natural gas to NIPSCO (the ":Delivery Point"),. Title and risk of loss related to natural gas transfer to me at the Delivery Point and I will be responsible for the all transmission, distribution and other costs (including Taxes, fuel and distribution/line loss, and other costs and FOR INTERNAL USE ONLY @2017 Constellation Energy Resources, LLC. The forgoing offering is sold and contracted by Constellation NewEnergy - Gas Division, LLC, a subsidiary ofExe1on Corporation, Errors and omissions excepted. CNEG_lN_NlPSCC�_NYME)LHENRY HUELSMB36,15.17 Page 4 of 5 fees) related to the sale purchase, and delivery of such natural gas to my home or business, "Taxes" means all taxes, assessments, duties, fees, levies premiums or any other charges of any kind, whether direct or indirect, and whether imposed on me or that Constellation passes through to me, relating to the sale, purchase or delivery of natural gas, together with all interest, penalties or other additional amounts imposed, including but not limited to gross receipts, utility taxes, sales, consumption, use, value added, per therm, commercial activity or other privilege tax, and any other tax (whether in effect as of the effective date of this agreement) imposed by any governmental entity. 11. I agree that neither Constellation nor any of its affiliates or subcontractors shall be liable for any damages or claims for matters within the control of NIPSCO, which include maintenance of pipelines, service interruptions, loss or termination of service, meter readings or injury to persons or damage to property caused by the delivery or supply of natural gas. Neither Constellation nor any of its affiliates or subcontractors will be responsible for any failure to commence or terminate natural gas supply service on the date specified herein due to any failure or delay in enrolling you with NIPSCO. Constellation's liability shall be limited to direct actual damages only, which will not exceed the amount of my single largest monthly invoice during the preceding twelve (12) months. In no event shall Constellation or any of its affiliates or subcontractors be liable for any punitive, incidental, consequential, exemplary, indirect, third -party claims or other damages whether based on contract, warranty, tort, negligence, strict liability or otherwise, or for lost profits arising from any breach or nonperformance of this Contract. If something happens that is beyond Constellation's reasonable control that prevents us from performing our obligations under this Contract, then Constellation will be relieved from performance until the situation is resolved. Examples of such events include; acts of God, fire, flood, hurricane, war, terrorism; labor disputes; declaration of emergency by a governmental entity or NIPSCO; curtailment, disruption or interruption of natural gas distribution or supply; regulatory, administrative, or legislative action, or action or restraint by court order or other governmental entity; and actions taken by third parties not under my or Constellation's control, such as NIPSCO. 12. 1 understand that there may be delays before NIPSCO switches my account and that Constellation may choose not to accept this Contract for any reason whatsoever. This Contract is our complete agreement. No oral statements made by anyone are a part of this Contract, and any changes to this Contract must be made in writing. Constellation may change the terms of this Contract by providing notice of such change at least thirty (30) days prior to the effective date of the change. If I do not agree with the change, I may cancel this Contract by providing written notice to Constellation within thirty (30) days of the date of the notice. Constellation may record and disclose telephone conversations with me. Constellation may ask commercial customers for credit enhancements or adequate assurance of their ability to perform their obligations under this Contract, which must be provided within thirty (30) days of such request. Constellation may assign this Contract to another supplier authorized by NIPSCO provided that Constellation gives me no less than thirty (30) days written notice and the assignee assumes all of Constellation's responsibilities and duties under this contract. Any required notice shall be deemed to have been made if mailed to the appropriate party at the last known mailing address. Neither my Customer account number(s) nor any other confidential information will be released without my written consent. For purposes of accounting both parties accept the quantity, quality, and measurement determined by NIPSCO, Except as provided by law, all taxes due and payable with respect to the customers obligations under this Contract shall be paid by customer. FOR INTERNAL USE ONLY ©2017 Constellation Energy Resources, LLC. The forgoing offering is sold and contracted by Constellation NewEnergy - Gas Division, LLC, a subsidiary of Exelon Corporation. Errors and omissions excepted. CNEG_IN—NIPSCCLNYMEX_HENRY HUB_SMB_06.15,17 Page 5 of 5 S Rw�P lam. - �� Xed ��r� � Adow AWWWr Anor" Constellation,,,, An belon Cornloany Commercial Customer Acknowledgement Form Natural Gas Supply Contract (NIPSCO) I confirm that my sales representative explained that he or she is acting as an agent for Constellation NewEnergy - Gas Division, LLC ("Constellation") and provided me with the following information: 1, I am entering into this Contract (as hereinafter defined) with Constellation and not with Northern Indiana Public Service Company ("NIPSCO"), NIPSCO will continue to deliver the gas, read my meter, send me one consolidated bill, and provide emergency services. 2. This Contract covers the cost of the natural gas itself. In addition, I will continue to pay regulated delivery costs billed by NIPSCO and any additional taxes or charges that may be imposed. 1 Constellation will supply natural gas at the price per therm indicated on the Commercial Natural Gas Supplier Enrollment Form attached hereto. This price will not change for the term of this Contract. In addition to the price per therm for natural gas, I will also be charged a per therm Interstate Transportation/Storage Charge that will be determined by Constellation and may vary throughout the term of this Contract, 4. 1 understand that my sales representative is an independent agent of Constellation and does not represent NIPSCO, 5. 1 understand that my eligibility to participate in NIPSCO's Supplier Aggregation Service is subject to confirmation that I have good credit standing with NIPSCO, which, for the purposes of the choice program, is defined as an account that iis not in arrears more than thirty (30) days, 6. 1 understand that i can change suppliers at any time during the term of this Contract subject to the terms and conditions of this Contract, 7. 1 understand that this Contract sets forth, re -enrollment terms and penalties for early cancellation. 8. 1 may cancel this Contract within five (5) business days from the date I signed or received this Contract of my choice of Constellation as my natural gas supplier, 9. if I terminate this transaction after five (5) business days from the date I signed or received this Contract of my choice of Constellation as my natural gas supplier, or if I breach this Contract for any other reason, I may incur a cost recovery fee in accordance with the terms and conditions included with this form, 10, l have the right to return to NIPSCO service in the event Constellation terminates my service. 11. 1 will continue to be supplied with natural gas for my business whether or not I sign this Contract. If I choose to remain with MIPSCO, the price will continue to be set subject to regulatory tariff provisions, 12. This Commercial Customer Acknowledgement Form, Commercial Natural Gas Supplier Enrollment Form, any welcome letter and the Terms and Conditions attached hereto are my complete agreement with Constellation (collectively referred to herein as this "Contract"), and the agent has no authority to change or add to this Contract. 13. Constellation is a registered supplier under the NIPSCO Choice Program (the "Choice Program"), which is subject to ongoing jurisdiction of the Indiana Utility Regulatory Commission ("IURC"). The IURC does not regulate the price of gas or other charges found in this Contract. Questions? Contact us at (855) 465-1244 Fax document to (800) 785-4374 I have read and agree to thiis Commercial Customer Acknowledgement Form. Please initial here: Your submission is subject to Constellation's final acceptance of enrollment. FOR INTERNAL USE ONLY 02017 ConstellMon Energy Resources, LLC. The forgoing offering is sold and contracted by Constellation NewEnergy - Gas Division, LLC, a subsidiary ofExelon Corporation, r— —A nmacelnnc .—M.H r%K::r- IM KMDC�Pn I:D QUO 09 11; 17 0... 4 fr Commercial Natural Gas Supplier Enrollment Form Natural Gas Supply Contract NIPSCO FIXED To: Constellation NewEnergy - Gas Division, LLC I Please print your name as it appears on your NIPSCO bill. acknowledge that I am the account holder or a person legally authorized to execute this Contract on behalf of the account holder. I understand that by signing this Contract, I am switching the gas supplier for this account to Constellation and authorize Constellation to initiate service and begin enrollment and undertake whatever steps necessary to accomplish the switch. I understand that gas purchased for this account by Constellation will be delivered through NIPSCO's delivery system. 1 may cancel this Contract within 5 business days from the date I signed or received this Contract. Complete details on the terms of cancellation are outlined on the accompanying Terms and Conditions. Contact Name (If different from bill): Service Address: (As it appears on your utility bill): City: Mailing Address (if different from above): City: Account Number: State: State: Zip: Meter # Required: Account Number is 10 digits. Please copy from your NIPSCO bill. For multiple accounts, please attach a listing of all accounts and check here. ❑ Phone:( ) Email: Signature: Date: I have read and agree to the Terms and Conditions. Please check here. ❑ Your submission is subject to Constellation's final acceptance of enrollment. I have carefully selected the following option: The Primary Term of this Contract shall begin on the date set by NIPSCO after my enrollment during the month of <<Month YYW>> and shall continue for monthly billing cycles. If for some reason we are unable to begin serving during the month specified, the Primary Term will start on the date set by NIPSCO after my enrollment and shall continue for monthly billing cycles. It may take up to two billing cycles for service to begin. Constellation is not responsible for any delays in enrollment. The monthly price for natural gas supplied by Constellation to my accounts for the Primary Term of this Contract shall be $ per therm. Constellation NewEnergy - Gas Division, LLC Date: FOR INTERNAL USE ONLY 02017 Constellation Energy Resources, LLC. The forgoing offering is sold and contracted by Constellation NewEnergy - Gas Division, LLC, a subsidiary of Exelon Corporation, Errors and omissions excepted, CNEQ IN —NIPSCO FP_SMB_06,15,17 Page 2 of 5 TERMS AND CONDITIONS Price: $ per therm In addition to this price, I will also be charged a per therm Interstate Transportation/Storage Charge that will be determined by Constellation and may vary throughout the term of this Contract. Length of this Contract and end date: The Primary Term of this Contract shall begin on the date set by NIPSCO after my enrollment during the month of <<Month YYYY>> and shall continue for monthly billing cycles. If for some reason we are unable to begin serving during the month specified, the Primary Term will start on the date set by NIPSCO after my enrollment and shall continue for monthly billing cycles. Process customer may use Contact Constellation at (855) 465-1244 or written request. to rescind this Contract without penalty: Amount of Early Termination Fee If this Contract is terminated after the 50 business day from the date and method of calculation: customer signed or received this Contract, the early termination fee will be the greater of $150 or the amount of gas customer failed to consume during the remainder of its fixed term, calculated on the basis of prior usage, multiplied by the excess, if any, of the fixed price customer agreed to pay over the price Constellation can sell such gas at the time of the termination. Amount of Late Payment Fee and method of calculation: Late payment fee for any past due amount equal to 10% of the first $3 of any unpaid balance outstanding at the next billing date, plus 3% of any unpaid balance in excess of $3 outstanding at the next billing date. Provisions for renewal of this Contract: Automatic renewal following notice to customer. Conditions under which savings to the customer are Not Applicable guaranteed: I want Constellation NewEnergy - Gas Division, LLC ("Constellation") to supply all the natural gas I need to heat my business and for other related uses. I am eighteen (18) years of age or older, and I am fully authorized to enter into this Contract (as hereinafter defined). I represent and warrant that the natural gas purchased under this Contract will not be used for personal, family or household use. The Commercial Customer Acknowledgement Form, Commercial Natural Gas Supplier Enrollment Form, any welcome letter and these Terms and Conditions are my complete agreement with Constellation (collectively referred to herein as this "Contract"). 2. 1 understand that: • I can continue to have natural gas supplied by my current utility, Northern Indiana Public Service Company ("NIPSCO"). • NIPSCO will continue to deliver gas to me, read my meter, and also provide emergency and other services they have provided in the past. • The natural gas I buy from Constellation may be included in my NIPSCO monthly bill, • This Contract is subject to eligibility requirements of NIPSCO, and Constellation may choose not to accept this Contract for any reason. 3. My supply will begin on the date set by NIPSCO after my enrollment and shall continue for the number of monthly billing cycles indicated above (the "Primary Term"). It may take up to two billing cycles for service to begin. Constellation is not responsible for any delays in enrollment, 4. Each month my bill will be calculated by multiplying (i) the rate of gas charged per therm as Indicated in this Contract by (ii) the amount of gas used in the billing cycle plus (iii) applicable taxes, fees, and charges for transportation (including the per therm Interstate Transportation/Storage Charge), distribution and other services. This price may be higher or lower than NIPSCO's price in any given month. If set forth in this Contract, a customer administration charge will be added to the monthly bill. 5. If Constellation decides to renew this Contract, then no later than forty-five (45) days prior to the end of the Primary Term, Constellation will send me a notice of the conditions that will apply for the renewal period. Unless I terminate this Contract in writing at least thirty (30) days before the end of the Primary Term, this Contract will automatically renew in accordance with the renewal terms and conditions. If the renewal notice indicates that this Contract will be renewed at a Monthly Variable Price, the Monthly Variable Price will be set in Constellation's discretion and may vary from month to month based on Constellation's assessment of applicable market conditions, historic and projected supply and hedging costs, FOR INTERNAL. USE ONLY 02017 Constellation Energy Resources, LLC. The forgoing offering is sold and contracted by Constellation NewEnergy - Gas Division, LLC, a subsidiary of Exelon Corporation. Errors and omissions excepted. CNEG_IN_NIPSCO_1=P_SIVIB_06.15.17 Page 3 of 5 prior months pricing and balancing costs, projected average customer bill amounts and utility pricing. My Monthly Variable Price may include the following additional costs: balancing costs, transportation costs, line loss costs, storage costs, pooling charges, credit costs and a profit margin determined in Constellation's discretion that may vary from month to month. 6. This Contract may be cancelled as follows: • Within five, (5) business days from the date I signed or received this Contract, I may cancel this Contract by contacting Constellation at (855) 465-1244 or by written request. • If I terminate this Contract after the fifth (5th) business day from the date I signed or received this Contract, the early termination fee will be the greater of $150 or the amount of gas II failed to consume during the remainder of my fixed term, calculated on the basis of prior usage, multiplied by the positive difference, If any, between the fixed price I agreed to pay and the price for which Constellation can sell such gas at the time of my termination. • The early termination fee is not a penalty, but compensates Constellation for the cost of buying gas in advance on my behalf. The fee only applies to fixed price contracts. • This Contract will automatically terminate without penalty if I move and the requested service location is not served by NIPSCO, or if 1, move to an area not served by Constellation; otherwise,, this Contract will remain in effect if I move, • This Contract will terminate in the event I am disconnected from service for non-payment. Re -enrollment will be required to re-establish my eligibility and service under the Choice Program under a new agreement, • If I receive an arrears notice and do not pay the arrearage balance, prior to my next cycle bililiing date, then effective as of that next billing date, I will be removed from the Choice Program and returned to bundled utility service. All returned checks will be subject to the maximum fee allowed by law. • In the future Constellation may bill me directly and separately from NIPSCO, • If I fail to pay my bill, Constellation may cancel this Contract by providing me with fifteen (15) days written notice, • If the IURC or NIPSCO decides to end or change the program under which I buy gas, Constellation may cancel this Contract on 30 days advance written notice with no penalty. In the event Constellation is no longer eligible to participate in the Choice Program, this Contract shall automatically terminate with no penalty, • If I fail to pay my bill In a timely manner NIPSCO may terminate my eligibility for the Choice Program. • Should I fall to comply with NIPSCO's payment policies I may no longer be eligible for the Choice Program and will be subject to any pertinent late fees as set forth in the NIPSCO tariff approved by the IURC. It may take up to two billing cycles to switch service back to NIPSCO or another supplier in the event of the cancellation or termination of this Contract, I am responsible for paying all natural gas consumed prior to the time the switch to NIPSCO or another supplier is effective, 7. If I have a question or concern about my bill, I will call Constellation's Customer Care Center at (855) 465-1244, M-F 8 A,M, to 8 P.M. EST or send a letter to Constellation, P.O. Box 4,911, Houston, Texas 77210-4911, or email to homeAConstellation,com, • Constellation will refer all complaints, written or verbal, to a person who will acknowledge them promptly and work out a mutually satisfactory resolution. If I am, still unhappy, I may contact a Constellation supervisor who will respond to me promptly. • If my questions are not resolved after I have called Constellation,, I may also call the Indiana Office of Utility Consumer Counselor ("OUCC"), The OUCC is the state agency with the statutory responsibility of representing consumers on all utility matters. I have a right to contact this, agency with any questions, concerns or conflicts, regarding Constellation or the program, Contact Information: Indiana Office of Utility Consumer Counselor, PNC Center, 115 W. Washington St., Suite 1500 South, Indianapolis, Indiana 46204; www.IN,,Qov/OUCC; Toll Free: (888) 441-2,494, Voilce/TDD: (317) 232-2494, FAX: (317) 232-5923, Email: U.C.C.I.NF f ouce.in.gov. & IF I SMELL GAS I SHOULD IMMEDIATELY CALL NIPSCO AT (800) 634-3524 AND LOCAL EMERGENCY PERSONNEL AT 911. 9. Throughout the Primary Term and any renewal terms, I authorize Constellation to obtain Information from NIPSCO that includes, but is not limited to, account name, account number, credit information, billing address, service address, telephone number, standard offer service type, historical ,and future natural gas usage (including for the last 0, 12 or 36 months), rate classification, meter readings, characteristics of natural gas service ,and, when charges hereunder are included on my NIPSCO bill, billing and payment information from RIPSGO. I authorize Constellation to release such information to third parties that need to know such information in connection with my natural gas supply service and to Constellation's affiliates and subcontractors. These authorizations shall remain in effect as long as this Contract is in effect. I may rescind these authorizations at any time by either calling or providing written notice to Constellation. Constellation reserves the right to reject my enrollment or terminate this Contract in the event these authorizations are rescinded, I fail to meet or maintain satisfactory credit standing as determined by Constellation,, or I fail to meet minimum or maximum threshold consumption levels as determined by Constellation. If I fail to remit payment in a timely fashion, Constellation may report the delinquency to a credit-reporting agency. 10. Constellation will deliver natural gas to an existing or future point of interconnection between, NIPSCO's distribution system and a third party pipeline supplying natural gas to NIPSCO (the "Delivery Point"), Title and risk of loss related to natural gas transfer to me at the Delivery Point and I will be responsible for the all transmission, distribution and other costs (including Taxes, fuel and distribution/line loss, and other costs and fees) related to the sale purchase, and delivery of such natural gas to my home or business, "Taxes" means all taxes, assessments, duties, fees, levies premiums or any other charges of any kind, whether direct or indirect, and whether imposed on me or that Constellation passes through to me, relating to the sale, purchase or delivery of natural gas, together with, all interest, penalties or other additional amounts imposed, including but FOR INTERNAL USE ONLY 02017 Constellafion Energy Resources, LLC. The forgoing offering is sold and contracted by Constellation NevvEnergy - Gas Division, LLC, a subsidiary ofExelon Corporation. Errors and omissions excepted, CNEG—IN—N:IPSCO—FP—SMB-016,15,17 Page 4 of 5 not limited to gross receipts, utility taxes, sales, consumption, use, value added, per therm, commercial activity or other privilege tax, and any other tax (whether in effect as of the effective date of this agreement) imposed by any governmental entity. 11. 1 agree that neither Constellation nor any of its affiliates or subcontractors shall be liable for any damages or claims for matters within the control of NIPSCO, which include maintenance of pipelines, service interruptions, loss or termination of service, meter readings or injury to persons or damage to property caused by the delivery or supply of natural gas. Neither Constellation nor any of its affiliates or subcontractors will be responsible for any failure to commence or terminate natural gas supply service on the date specified herein due to any failure or delay in enrolling you with NIPSCO. Constellation's liability shall be limited to direct actual damages only, which will not exceed the amount of my single largest monthly invoice during the preceding twelve (12) months. In no event shall Constellation or any of its affiliates or subcontractors be liable for any punitive, incidental, consequential, exemplary, indirect, third -party claims or other damages whether based on contract, warranty, tort, negligence, strict liability or otherwise, or for lost profits arising from any breach or nonperformance of this Contract. If something happens that is beyond Constellation's reasonable control that prevents us from performing our obligations under this Contract, then Constellation will be relieved from performance until the situation is resolved. Examples of such events include: acts of God, fire, flood, hurricane, war, terrorism; labor disputes; declaration of emergency by a governmental entity or NIPSCO; curtailment, disruption or interruption of natural gas distribution or supply; regulatory, administrative, or legislative action, or action or restraint by court order or other governmental entity; and actions taken by third parties not under my or Constellation's control, such as NIPSCO. 12. 1 understand that there may be delays before NIPSCO switches my account and that Constellation may choose not to accept this Contract for any reason whatsoever. This Contract is our complete agreement. No oral statements made by anyone are a part of this Contract, and any changes to this Contract must be made in writing. Constellation may change the terms of this Contract by providing notice of such change at least thirty (30) days prior to the effective date of the change, If I do not agree with the change, I may cancel this Contract by providing written notice to Constellation within thirty (30) days of the date of the notice. Constellation may record and disclose telephone conversations with me. Constellation may ask commercial customers for credit enhancements or adequate assurance of their ability to perform their obligations under this Contract, which must be provided within thirty (30) days of such request. Constellation may assign this Contract to another supplier authorized by NIPSCO provided that Constellation gives me no less than thirty (30) days written notice and the assignee assumes all of Constellation's responsibilities and duties under this contract, Any required notice shall be deemed to have been made if mailed to the appropriate party at the last known mailing address, Neither my Customer account number(s) nor any other confidential information will be released without my written consent. For purposes of accounting both parties accept the quantity, quality, and measurement determined by NIPSCO. Except as provided by law, all taxes due and payable with respect to the customers obligations under this Contract shall be paid by customer. FOR INTERNAL USE ONLY ©2017 Constellation Energy Resources, I.I.C. The forgoing offering is sold and contracted by Constellation NewEnergy - Gas Division, LLC, a subsidiary of Exelon Corporation. Errors and omissions excepted, CNEG_IN_NIPSCO_FP_SMB_06.15.17 Page 5 of 5