Addendum-1-RFP-26-00159-ACAC-8-18-26.pdf

August 18, 2026

Hello:

Enclosed please find attached Addendum No. One (1) for SEPTA RFP No. 26-00159-ACAC, Energy & Sustainability Support Services.

Addendum No. 1 must be acknowledged by signing the Addendum Acknowledgement Form and submitting it with your Technical Proposal.

The due date for the submission of Proposals has been changed from Monday, August 24, 2026 by 2:00PM to Wednesday, September 2, 2026 by 2:00PM.

This Addendum provides answers to some of the questions received. The responses to the remaining questions will be provided under a separate Addendum.

Any inquiries regarding this Addendum must be directed to Carolyn Cotton of the Procurement and Supply Chain Management Department at (215) 580-7599 or cCotton@SEPTA.org.

Thank you for your interest in SEPTA.

Sincerely, Carolyn Cotton

Carolyn Cotton Senior Contract Administrator Procurement & Supply Chain Management

Addendum No. 1, 26-00159-ACAC

Page 1 of 3 August 18, 2026

SEPTA’s RFP No. 26‐00159‐ACAC Energy & Sustainability Support Services

This addendum to the Contract Documents is hereby part of the same and is incorporated in full as part of the Project. Proposer shall acknowledge Addendum No. 1 by completing the lines below, and returning this Addendum Acknowledgement Form with your Technical Proposal.

FIRM NAME (typed or printed) ______________________________

AUTHORIZED SIGNATURE _______________________________

TITLE _________________________________

NAME (typed or printed) ___________________________________

DATE_____________________

This Addendum includes:

A. General

The due date for the submission of Proposals has been changed from Monday, August 24, 2026 by 2:00PM to Wednesday, September 2, 2026 by 2:00PM.

This Addendum provides answers to some of the questions received. The responses to the remaining questions will be provided under a separate Addendum.

B. Questions and Answers (5)

Q1: Limitation of Liability – Add the following language:

“IN NO EVENT SHALL THE AWARDED VENDOR BE LIABLE TO SEPTA FOR

CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, RELIANCE, OR PUNITIVE

DAMAGES, OR FOR LOST PROFITS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH

DAMAGES, OR FOR ANY CLAIM FIRST ASSERTED AFTER THE FIRST ANNIVERSARY

OF THE COMPLETION DATE. IN ANY EVENT, THE AGGREGATE LIABILITY OF THE

Page 2 of 3 August 18, 2026

AWARDED VENDOR FOR ANY LOSS OR DAMAGES OF ANY TYPE DIRECTLY OR

INDIRECTLY SUFFERED BY SEPTA ARISING FROM THE SERVICES PERFORMED BY

THE AWARDED VENDOR OR ANY FAILURE, ACT, OMISSION OR BREACH OF THE

CONTRACT BY VEOLIA SHALL NOT EXCEED THE AGGREGATE FEES PAID BY SEPTA

TO THE AWARDED VENDOR PURSUANT TO THE CONTRACT.”

A1: Rejected.

Q2: Termination of Contract by Consultant – Add the following Clause/Language:

“The Awarded Vendor reserves the right to terminate the work in the event that (i) SEPTA fails to make payments to The Awarded Vendor for the work performed or (ii) SEPTA commits a material breach of the terms of this Contract. The Awarded Vendor shall not be liable for any damages, losses or expenses which result from The Awarded Vendor’s termination under these circumstances.”

A2: Accepted.

Q3: Force Majeure – Add the following language:

The Awarded Vendor shall be excused from delays in performing or from any failure to perform hereunder to the extent that such delay or failure results from any one or more of the following:

acts of God; abnormal weather conditions or natural catastrophes; strikes, lock-outs or other industrial disturbances; acts of public enemies; war, where or not declared; sabotage; terrorist acts;

riots; civil disturbances; explosions; acts or omissions of governmental authorities; unavailability of or curtailment of fuel supplies; any interruption of electric or other utility service, or any change, interference, disruption or other defect in the supply or character of the electric energy or other utility service utilized by SEPTA; equipment failure arising from a manufacturing or design defect or the failure of the manufacturer or others to timely implement necessary repairs to replacements; or any other cause or event not reasonably within the control of The Awarded Vendor.

A3: The above language is denied; please see the below proposed language:

The Awarded Vendor shall be excused from delays in performing or from any failure to perform hereunder to the extent that such delay or failure results from any one or more of the following:

acts of God; abnormal weather conditions or natural catastrophes; strikes, lock-outs or other industrial disturbances; acts of public enemies; war, where or not declared; sabotage; terrorist acts;

riots; civil disturbances; explosions; acts or omissions of governmental authorities; unavailability of or curtailment of fuel supplies; any interruption of electric or other utility service, or any change, interference, disruption or other defect in the supply or character of the electric energy or other utility service utilized by SEPTA; equipment failure arising from a manufacturing or design defect or the failure of the manufacturer or others to timely implement necessary repairs to replacements; or any other cause or event not reasonably foreseeable and within the control of The Awarded Vendor.

Q4: Employer’s Liability Limit – Section 24.G.3 requires Workers' Compensation and Employer's Liability coverage of not less than $1,000,000 per accident. Can SEPTA confirm whether $500,000 per occurrence for Employer's Liability, paired with statutory Workers' Compensation, would be acceptable?

A4: This is accepted.

Page 3 of 3 August 18, 2026

Q5: Products/Completed Operations Tail Coverage Duration – Section 24.G.1.b requires Products/Completed Operations coverage to be maintained for twelve

(12) years after substantial completion, or the applicable statute of repose, whichever is longer.

This requirement, along with the associated Products/Completed Operations Annual Aggregate limit in Section 24.G.1.a, appears to contemplate services involving physical construction, installation, or manufactured products. Because the Services provided under this Contract consist of a software subscription and related support rather than physical construction or installation, Contractor requests SEPTA's confirmation that Section 24.G.1.b does not apply to this engagement, or alternatively, clarification of the specific scope of Services to which SEPTA intends this requirement to apply.

A5: Accepted. Products/Completed Operations would not apply here.