Addendum 2~8.pdf

Rev 4-21-20

August 15, 2023

ADDENDUM # 2

Control House for Danebo Substation

RFP #23-161-G

This addendum modifies the RFP and/or bidding document(s) only to the extent indicated herein. All other areas not specifically mentioned or affected by this addendum shall remain in full force. This addendum shall be added as a part of the original RFP document and shall become part of the work required.

QUESTION & ANSWER

1. The RFP ES 3-9.800 Rev. 0 Article #3.2.3 indicates a minimum Warranty Period on the Control House for five years. The RFP ES 3-9.710 Rev. 16 Article #1 indicates 18 month Warranty Period. Please confirm desired Warranty Period

As stated, the 18-month warranty period is specifically for the switchgear and its components.

Specification ES3-9.800/3.2.3 refers to the control house. If the vendor intends to offer a single warranty period for the house and switchgear combined, the warranty period should be five years.

2. Previous projects with EWEB have had Liquidated Damages; none are indicated in the RFP documents. Please confirm Liquidated Damages are not applicable to this project.

EWEB confirms that liquidated damages are not required for this project.

3. Please confirm no Bonds are required for this project.

EWEB confirms that bonds are not required for this project, however a certificate of insurance is required, per the solicitation document.

4. What is the preferred method to negotiate commercial terms? Should a Redline of the applicable documents be provided with the Bid, or should a list of exceptions be provided?

The solicitation document (section 1.4) indicates that proposed revisions can be submitted in the cover letter, however, we will post a Word version of the Sample Contract on the bid site and Bidders are very welcome to utilize for red-line purposes.

5. Are there any commercial terms which are non-negotiable and automatically remove the bidder from consideration?

Per section 1.4 of the bid document, attempting to fully replace EWEB’s terms with Contractor’s proposed terms would disqualify a bidder.

Per this addendum #2, attempting to include a limitation of liability to the current amount of the contract will also disqualify a bidder.

Rev 4-21-20

Other than that, EWEB will consider proposed revisions to any individual terms, however, the number and degree of proposed changes is scored for this bid (see Section 5 of the bid document).

If a bidder proposes no changes to terms, this is worth an automatic 10 of 10 points for that criterion.

A lengthy request of proposals to multiple terms could greatly reduce the number of points awarded for this criterion.

Significant proposed revisions to certain terms could also cause a major deduction in points, including (but not limited to):

o Sample Contract: Deficiencies, Review & Approval, Insurance o Attachment A: Inspections, Damages, Early Termination, Payment on Early Termination, Remedies, Governing Law, Anti-Discrimination o Proposed inclusion of Limitation of Liability to an amount higher than the value of the contract would be considered as highly undesirable and could cause a significant loss of points.

An inability of the parties to negotiate such terms, if the bidder is selected as the Finalist, would likely result in failure to execute a contract and EWEB would begin negotiating with the next highest ranked Proposer.

CLOSING DATE AND TIME

Closing Date is September 5, 2023. Time remains 2:00 pm (PST)

This addendum constitutes a MATERIAL CHANGE to the bid. ITS RECEIPT BY THE BIDDER IS TO BE ACKNOWLEDGED BY A SIGNATURE AND RETURNING A COPY OF THE ADDENDUM WITH ITS RESPONSE OR

BY CIRCLING THE ADDENDUM NUMBER IN THE APPROPRIATE AREA ON THE BID FORM.

Addendum prepared by:

Sandra Hahn, Purchasing Contact

The undersigned hereby acknowledges receipt of this Addendum and agrees to be bound by the conditions therein.

Company Name: ________________________________

Signature: ______________________________________

Date __________________________

End of Addendum