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East River Energy

Heating Oil #2, 4 &4, Bio Heat, Gasoline, Diesel Fuels, Kerosene, Bio Diesel, Propane, Natural Gas, Electricity,
Pool Water, HVAC Services, Tank and Equipment Rentals, On Site Fleet Fueling and Emergency Response Services

May 31, 2018

Mr. Dan Kooken

City of Nashua

Purchasing Manager

229 Main Street

Nashua, NH 03061

Re: IFB0464-053 118 Transmitted via BidExpress

Dear Mr. Kooken:
Please find enclosed East River Energy’s offer, based on your requirements, as stated in your bid specifications.

East River Energy has been a Connecticut Corporation since 1984. We have been a full service supplier of petroleum products
throughout the Northeast for over 30 years, and our company has always met or exceeded contract requirements. During the past
quarter of a century, East River Energy has delivered over a billion gallons of fuel to our clients in the ever expanding areas we
service. We are the major supplier to the State of Connecticut for unleaded gasoline, heating oil, ultra-low sulfur diesel fuel and
B20 bio diesel fuel. We supply the majority of the municipalities in Connecticut, as well as an array of privately and publicly
owned companies and municipalities in Vermont, Massachusetts, New Jersey, New York, Pennsylvania, New Hampshire, Rhode
island, Maryland, Maine, Florida, Ohio and Georgia. In addition, East River Energy has been a long-standing supplier to the
Department of Defense and the United States Postal Service.

East River Energy has built our business client by client and has developed long lasting valued relationships. Our clients depend
on us to supply the highest-quality fuel products and provide the personal services that they have come to expect and deserve.
East River Energy is a provider you can count on and trust. We are able to provide any petroleum product that is available in any
market in a timely manner and at very competitive prices. Our operations department accomplishes on time deliveries and is
extremely customer oriented. We have our own fleet and strategic alliances with truckers wherever we market our products. We
know how important on time, clean deliveries are to our clients and to that end, our safety department works with our truckers
and our customers to insure satisfaction on every delivery.

East River Energy is committed to complying with all laws that prohibit discrimination in employment on the basis of any legally
protected status, Further, the company is an affirmative action employer and promotes the hiring and advancement of employees
who are qualified females, minorities, individuals with disabilities and veterans in accordance with applicable state and federal
laws and the company's affirmative action plan, as well as the utilization of minority subcontractors in conducting its business.
The Company further does not discriminate against any employee or applicant for employment because of race, color, religion,
sex, national origin, disability status, veteran status, sexual orientation, gender identity/expression or any other legally protected
status. In addition, East River Energy has the capacity to provide a performance bond, on any and all business, if required.

Thank you for the opportunity of quoting on your most valued business. Please feel free to contact me, should you have any
questions.

Your Energy Partner
401 Soundview Road - P.O. Box 388 - Guilford, CT 06437-0388
203.453.1200 - 800.336.3762 + FAX: 203.453.3899
WWW. Vv! herdy.co
Est, 1984

East River Energy

Heating Oil #2, 4&6, Bio Heat, Gasoline, Diesel Fuels, Kerosene, Bio Diesel, Propane, Natural Gas, Electricity,
Pool Water, HVAC Services, Tank and Equipment Rentals, On Site Fleet Fueling and Emergency Response Services

References

State of New Hampshire
Contract Period 2015-2017
Danielle Ruest

Purchasing Agent
(603)271-2201

State House Annex
Concord, NH 03301

State of New Jersey

Contract Period 2012-Current
Doreica H. McCall
Procurement Specialist I
(609) 984-6239

33 West State Street
Trenton, NJ 08625

State of Connecticut
Contract Period 2015-2020
Paul Greco

Contract Specialist
860-713-5189

15 Capitol Avenue
Hartford, CT 06106

East River Energy is the current supplier to the City of Nashua, NH for Biodiesel.

Your Energy Partner
401 Soundview Road - P.O. Box 388 : Guilford, CT 06437-0388
203.453.1200 - 800.336.3762 - FAX: 203.453.3899
www. eastrivereneroy.com
Est. 1984

East River Energy

Heating Oil #2, 4&6, Bio Heat, Gasoline, Diesel Fuels, Kerosene, Bio Diesel, Propane, Natural Gas, Electricity,
Pool Water, HVAC Services, Tank and Equipment Rentals, On Site Fleet Fueling and Emergency Response Services

May 31, 2018

Mr. Dan Kooken
City of Nashua
Purchasing Manager
229 Main Street
Nashua, NH 03061
Re: IFB0464-053118

Rast River Energy’s BQ9000/ASTM D-67-51 source of Bio is Global in Chelsea, MA and the Bio is mixed via Computerized
Rack Blending Unit. The details of the additive are: advanced diesel detergent, corrosion inhibitor, inhibitor, synthetic lubricity
improver, thermal and oxidative stability enhancer, customer cold flow improver and jet fuel de-icer. Please see cover letter for
additional information about East River Energy.

Firm and fixed prices must be awarded promptly, or may be subject to change, due to the volatile nature of the energy market.
Any and all options for contract extension must be mutually agreed upon by both parties.

Your Energy Partner
401 Soundview Road - P.O, Box 388 - Guilford, CT 06437-0388
203.453.1200 - 800.336.3762 > FAX: 203.453.3899

www.eastriverenergy.com
Est, 1984

BID FORM

OFFER SECTION:
Bidder hereby offers to furnish 85 biodiesel fuel to the City of Nashua, New Hampshire, in accordance

with afl of the requirements of this bid at the following price for the contract terms and any extension
thareo!.

BASE BID: FIXED PRICE FORMAT PER FIXED PRICE FORMAT SCOPE AS SPECIFIED WITHIN.

UNIT DESCRIPTION DELIVERED PRICE (US DOLLARS) UNIT COSTS
10,000-20,000 85 BIODIESEL FUEL g 2.5977 GAL

GALLONS “ESTIMATED”

BIDDER CONTACT INFORMATION:

The following infermation is for this office to be able to contact a persan knowledgeable of your bie
response, and who can answer questions regarding it

Contact Person Maryanne E. Little Talephone Number 800-336-3762 x 2020
Bid & Proposal Manager .

Fax Number 203-463-3699 ee Email Address__mel@eastriverenergy.com

Company Website www.eastriverenergy.com Company Address401 Soundview Road, P.O. Box 388
Guilford, CT 06437

Firm and fixed price must be awarded promptly or may be subject to change due to the volatile energy market.

on

HR0464-O88 118 Bid for 85 Bixdiesel Fuel

REQUIRED CONTRACT FEDERAL CLAUSES

EXHIBIT A - 1FB0464-053118 Bid for B5 Biodiescl Fuel
Cargo Preference
Contracts involving equipment, materials or commoditivs which may be transported by ocvan
vessels, These requirements do not apply to micro-purchases ($3,500 or less, except for
construction contracts over $2,000). Contractor shall: a, use privately owned US-Flag
commercial vessels to ship at least 50% of the gross tonnage (computed separately for dry bulk
carriers, dry cargo liners and tankers) involved, whenever shipping any equipment, material or
commodities pursuant to the underlying contract to the extent such vessels are available at fair
and reasonable rates for US flag commercial vessels; b. furnish within 20 working days
following the loading date of shipments originating within the US or within 30 working days
following the loading date of shipments originating outside the US, a legible copy of a rated,
“on-board” commercial bill-of-lading in English for each shipment of cargo described herein to
the Division of National Cargo, Office of Market Development, Maritime Administration,
Washington, DC 20590 and to the recipient (through contractor in the case of a subcontractot's
bill-of-lading.); c. include these requirements in all subcontracts issued pursuant to this contract
when the subcontract involves the transport of equipment, material or commaditics by accan
vessel; d. Requires Bidder and subcontractors at every tier to use United States-flag air carriers,
to the extent service by these carriers is available. When the contract may involve the
international transportation of goods, equipment, or personnel by air, the contract must. 49
U.S.C. 40118 and 4 CFR Part 52.

Energy Conservation

Contractor shall comply with mandatory standards and policies relating to energy efficiency,
stated in the state energy conservation plan issued in compliance with the Energy Policy &
Conservation Act.

False Or Misleading Statements

Proposals which contain false or misleading statements, or which provide references which do
not support an attribute or condition claimed by the Bidder, may be rejected. If, in the opinion of
NTS, such information was intended to misicad NTS in its evaluation of the proposal, and the

attribute, condition or capability is a requirement of this proposal, it will be the basis for rejection
of the proposal.

Access to Records and Reports
The following access to records requirements apply to this Contract:

1. Where the purchaser is not a State but a local government und is an FTA recipient

or a subgrantee of FTA recipient in accordance with 49 CFR 18.36(i), contractor shall provide
the purchaser, the FTA, the US Comptroller General or their authorized representatives access to
any books, documents, papers and contractor records which are pertinent (o this contract for the
purposes of making audits, examinations, excerpts and transcriptions. Contractor shall also,
pursuant to 49 CFR 633.17, provide authorized FTA representatives, including any PMO
contractor, access to contractor's records and construction sites pertaining to a capital project,
defined at 49 USC 5302(a)1, which is receiving FTA assistance through the programs described
at 49 USC 5307, 5309 or 5311.

2. Where a purchaser which is an PTA recipient or a subgrantec of FTA recipient in
accordance with 49 USC 5325(a) enters into a contract for a capital project or improvement
(defined at 49 USC 5302(a)1) through other than competitive bidding, contractor shall make
available records related to the contract to the purchaser, the Secretary of t JSDOT and the US
Comptroller General or any authorized officer or employee of any of them for the purposes of

conducting an audit and inspection.

3. Contractor shal] permit any of the foregoing parties to reproduce by any means
whatsoever or to copy excerpts and transcriptions as reasonably needed.

4, Contractor shall maintain all books, records, accounts and reports required under this
contract for a period of not less than three ( 3) years after the date of termination or expiration of
this contract, except in the event of litigation or setilement of claims arising from the
performance of this contract, in which case contractor agrees to maintain sume until the recipient,
FTA Administrator, US Comptroller General, or any of their authorized representatives, have
disposed of all such litigation, appeals, claims or exceptions related thereto. Re: 49 CFR

18.39@)(1 1).

Federal Changes

Contractor shall comply with all applicable PTA regulations, policies, procedures and directives,
including without limitation those listed dircetly or by reference in the Master Agreement
between the purchaser and FTA, as they may be amended or promulgated from time to Gime
during the term of the contract. Contractor's failure to comply shall constitute a material breach

of the contract.

Recovered Materials
The Bidder agrees to comply with all the requirements of Section 6002 of the Resource

Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not
limited to the regulatory provisions of 40 CER Part 247, and Executive Order 12873, as they
apply to the procurement of the items designated in Subpart B of 40 CFR Part 247,

No Government Obligation to Third Parties

A. The recipient and contractor acknowledge and agree that, notwithstanding any
concurrence by the US Government in or approval of the solicitation or award of the underlying
contract, absent the express written consent by the US Government, the US Government is not 4
party to this contract and shall not be subject to any obligations or liabilities to the recipient, the
contractor, or any other party (whether or not a party to that contract) pertaining to any matter
resulting from the underlying contract.

B. Contractor agrees to include the above clause in each subcontract finaneed in whole or in
part with FTA assistance. It is further agreed that the clause shall not be modified, except ta
identify the subcontractor who will be subject to its provisions.

Program Fraud and False or Fraudulent Statements or Related Acts

Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986,
as amended, 31 USC 3801 et seq. and USDOT regulations, "Program Fraud Civil Remedies," 49
CFR 31, apply to its actions pertaining to this project. Upon execution of the underlying contract,
contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it
makes, it may make, or causes to be made, pertaining to the underlying contract or PTA assisted
project for which this contract work is being performed. In addition to other penalties that may
be applicable, contractor further acknowledges that if it makes, or causes to be made, a false,
fictitious, or fraudulent claim, statement, submittal, or certification, the US Government reserves
the right to impose the penalties of the Program Fraud Civil Remedies Act (1986) on contractor
to the extent the US Government deems appropriate.

The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or
fraudulent claim, statement, submission, or certification to the Federal Government under a
contract connected with a project that is financed in whole or in part with Federal assistance
originally awarded by FTA under the authority of 49 U.S.C chapter 53, the Government reserves
the right to impose the penalties of 18 U.S.C L001 and 49 U.S.C. 5323 (1) on the Contractor, to
the extent the Federal Government deems appropriate.

The Contractor agrees to include the above two clauses in each subcontract financed in whole or
in part with Federal assistance provided by FTA. [tis further agreed that the clauses shall not be
modified, except to identity the subcontractor whe will be subject to the provisions.

Termination
Applicability — All Contracts over $10,000.

I. Termination for Convenience (General Provision) the recipient may terminate this
contract, in whole or in part, at any lime by written notice to contractor when it is in the
recipient's best interest. Contractor shall be paid its costs, including contract close-out costs, and
profit on work performed up to the time of termination. Contractor shall promptly submit its
termination claim to the recipient. If contractor is in possession of any of the recipients property,
contractor shall account for same, and dispose of it as the recipient directs.

2. Termination for Default [Breach or Cause] (General Provision) If contractor does not
deliver items in accordance with the contract delivery schedule, or, if the contract is for services,
and contractor fails to perform in the manner called for in the contract, or if contractor fails to
comply with any other provisions of the contract, the recipient may terminate this contract for
default, Termination shall be effected by serving a notice of termination to contractor setling
forth the manner in which contractor is in default. Contractor shall only be paid the contract price
for supplies delivered and accepted, or for services performed in accordance with the manner of
performance set forth in the contract. If it is later determined by the recipient that contractor had
an excusable reason for not performing, such as a strike, fire, or flood, events which are not the
fault of or are beyond the control of contractor, the recipient, after setting up a new delivery or
performance schedule, may allow contractor to continue work, or treat the termination as a
termination for convenience.

3, Opportunity to Cure (General Provision) the recipient in its sole discretion may, in the
case of a termination for breach or default, allow the contractor 10 days in which to cure the
defect. In such case, the notice of termination shall state the time period in which cure is
permitted and other appropriate conditions. If contractor fails to remedy to the recipient's
satisfaction the breach or default or any of the terms, covenants, of canditions of this Contract
within ten (10) days after receipt by contractor or written notice from the recipient setting forth
the nature of said breach or default, the recipient shall have the right to terminate the Contract
without any further obligation to contractor. Any such termination for detault shall nat in any
way operate to preclude the recipient from also pursuing all available remedies against contractor
and its sureties for said breach or default.

4. Waiver of Remedies for any Breach In the cvent that the recipient elects to waive its
remedies for any breach by contractor of any covenant, term or condition of this Contract, such
waiver by the recipient shall not limit its remedies for any succeeding breach of that or of any
other term, covenant, or condition of this Contract.

3. Termination for Convenience (Professional or Transit Service Contracts) the recipient, by
written notice, may terminate this contract, in whole or in part, when it is in the recipient's
interest. If the contract is terminated, the recipient shall be liable only for payment under the
payment provisions of this contract for services rendered before the effective date of termination.

6. ‘Termination for Default (Supplies and Service) If contractor fails to deliver supplies or to
perform the services within the time specified in this contract or any extension or if the
contractor fails to comply with any other provisions of this contract, the recipient may terminate
this contract for default. The recipient shall terminate by delivering to contractor a notice of
termination specifying the nature of default. Contractor shall only be paid the contract price for
supplies delivered and accepted, or services performed in accordance with the manner or
performance set forth in this contract. If, after termination for failure to fulfill contract
obligations, it is determined that contractor was not in default, the rights and obligations of the
parties shall be the same as if termination had been issued for the recipient's convenience,

Government Wide Debarment and Suspension

Applicability - Contracts over $25,000

The Contractor shall comply and facilitate compliance with U.S, DOT regulations,
“Nonprocurement Suspension and Debarment,” 2 C.F.R. part 1200, which adopts and
supplements the U.S, Office of Management and Budget (U.S. OMB) “Guidelines to Agencies
on Government wide Debarment and Suspension (Nonprocurement),” 2 C.F.R. part 180. These
provisions apply to cach contract at any tier of $25,000 or more, and to cach contract at any tier
for a federally required audit (irrespective of the contract amount), and to each contract at any
tier that must be approved by an [TA official irrespective of the contract amount. As such, the
Contractor shall verify that its principals, affiliates, and subcontractors are cligible to participate
in this federally funded contract and are not presently declared by any Federal department or
agency to be:

a) Debarred from participation in any federally assisted Award;
b) Suspended from participation in any federally assisted Award;

c) Proposed for debarment from participation in any federally assisted Award:
d) Declared ineligible to participate in any federally assisted Award:

e) Voluntarily excluded from participation in any federally assisted Award: or
f) Disqualified from participation in ay federally assisted Award,

By signing and submitting its bid or proposal, the bidder or proposer certifies as follows:

The certification in this clause is a material representation of fact relied upon by the Recipient . If
it is later determined by the Recipient that the bidder or proposer knowingly rendered an
erroneous certification, in addition to remedies available to the Recipient, the Federal
Government may pursuc available remedies, including but not limited to suspension and/or
debarment. The bidder or proposcr agrees to comply with the requirements of 2 C.FLR. part 180,
subpart C, as supplemented by 2 C.F.R, part 1200, while this offer is valid and throughout the
period of any contract that may arise fram this offer. The bidder or proposer further agrees to
include a provision requiring such compliance in its lower tier covered transactions.

This affidavit must be on the form provided by NTS, which is enclosed with this bid package

Contracts Involving Federal Privacy Act Requirements
When a recipient maintains files on drug and alcohol enforcement activitics for PTA, and those
files are organized so that information could be retrieved by personal identifier, the Privacy Act

requirements apply to all contracts except micro-purchases ($3,500 or less, except for
construction contracts over $2,000)

The following requirements apply to the Contractor and its employces that administer any
system of records on behalf of the Federal Government under any contract:

i. The Contractor agrees to comply with, and assures the compliance of its employees with,
the information restrictions and other applicable requirements of the Privacy Act of 1974, 5
U.S.C. § 552a. Among other things, the Contractor agrees to obtain the express consent of the
Federal Government before the Contractor or its employees operate a system of records on
behalf of the Federal Government. The Contractor understands that the requirements of the
Privacy Act, including the civil and criminal penalties for violation of that Act, apply to those
individuals involved, and that failure to comply with the terms of the Privacy Act may result in
termination of the underlying contract.

2. The Contractor also agrees to include these requirements in cach subcontract lo

administer any system of records on behalf of the Federal Government financed in whole or in
part with Federal assistance provided by FTA,

Civil Rights Requirements

The Recipient understands and agrecs that it must comply with applicable Federal civil rights
laws and regulations, and follow applicable Federal guidance, except as the Federal Government
determines otherwise in writing. Specifically:

1. Nondiscrimination in Federal Public Transportation Programs. The Recipient agrees to,
and assures that each Third Party Participant will, comply with Federal transit law, 49 U.S.C. 8
$332 (FTA’s “Nondiscrimination” statute): ( 1) FTA’s “Nondiscrimination” statute prohibits
discrimination on the basis of: (a) Race, (b) Color, (c) Religion, (d) National origin, (e) Sex
(including sexual orientation and gender identity), (1) Disability, or (g) Age. and (2) The FTA
“Nondiscrimination” statute’s prohibition against discrimination includes: (a) Exclusion from
participation, (b) Denial of program benefits, or (c) Discrimination, including discrimination in
employment or business opportunity,

1. Nondiscrimination — Tifle VI of the Civil Rights Act. The Recipient agrees to, and
assures that each Third Party Participant will: (1) Prohibit discrimination based on: (a) Race, (b)
Color, or (c) National origin, (2) Comply with: (a) Title VI of the Civil Rights Act of 1964, as
amended, 42 U.S.C. § 2000d et seq., (b) U.S. DOT regulations, “Nondiserimination in Federally-
Assisted Programs of the Department of Transportation — Effectuation of Title VI of the Civil
Rights Act of 1964,” 49 C.F.R. part 21, and (¢) Federal transit law, specifically 49 US.C.$
5332, as stated in the preceding section a, and (3) Except as PTA determines otherwise in
writing, follow: (a) The most recent edition of FTA Circular 4702.1, “Title Vi and Tite Vi-
Dependent Guidelines for Federal Transit Administration Recipients,” to the extent consistent
with applicable Federal laws, regulations, and guidance. (b) U.S. DOI, “Guidelines for the
enforcement of Tithe VI, Civil Rights Act of 1964,” 28 C_PLR. § 50.3, and (c) Other applicable
Federal guidance that may be issued,

2. Equal Employment Opportunity. (1) Federal Requirements and Guidance. The Reeipient
agrees to, and assures that each Third Parly Participant will, prohibit discrimination on the basis
of race, color, religion, sex, or national origin, and: (a) Conyply with Title VII of the Civil Rights
Act of 1964, as amended, 42 U.S.C. § 2000c ct seq.. (b) Facilitate compliance with Executive
Order No. 11246, “Equal Employment Opportunity,” as amended by Executive Order No.
11375, “Amending Executive Order No. | 1246, Relating to Equal Employment Opportunity,” 42
U.S.C. § 2000e note, (¢) Comply with Federal transit law, specifically 49 U.S.C. § 5332, as
stated in section a, and (d) Comply with other applicable EEO laws and regulations, as provided
in Federal guidance, including laws and regulations prohibiting discrimination on the basis of
disability, except as the Fedcral Government determines otherwise in writing, (2) General, The
Recipient agrees to: (a) Ensure that applicants for employment are employed and employees are
treated during employment without discrimination on the basis of their: | Race, 2 Color, 3
Religion, 4 Sex, 5 Disability, 6 Age, or 7 National origin, (b) Take affirmative action that
includes, but is not limited to: | Recruitment advertising, 2 Recruitment, 3 Employment, 4 Rates
of pay, 5 Other forms of compensation, 6 Selection for training, including apprenticeship, 7
Upgrading, 8 Transfers, 9 Demotions, 10 Layoffs, and 11 Terminations, and (3) Equal
Employment Opportunity Requirements for Construction Activities. In addition to the foregoing,
when undertaking “construction” as recognized by the U.S, Department of Labor (U.S. DOL),
the Recipient agrees to comply, and assures the compliance of cach Third Party Participant, with:
(a) U.S. DOL regulations, “Office of Federal Contract Compliance Programs, Fiqual
Employment Opportunity, Department of Labor,” 41 C.F.R. chapter 60, and (b) Executive Order
No. 11246, “Equal Employment Opportunity.” as amended by Exccutive Order No, 11375,
“Amending Executive Order No. 11246, Relating to Equal Employment Opportunity,” 42 U.S.C.

§ 2000c note,