RFQ 8626 Addendum 2.pdf

CONNECTICUT

ADDENDUM #2

November 6, 2025

RFQ 8626 City-Wide Retail Electricity Supply Service

Please Be Advised:

1. All Proposers are hereby notified that this Addendum No. 2 shall be part of the Contract Documents for the above referenced RFQ #8626.

2. This Addendum amends or supplements the RFP Documents. All provisions which are not so amended or supplemented remain in full force and effect.

3. Each Proposer shall be responsible for determining that it has received all Addenda issued and shall acknowledge receipt of all Addenda on the Addendum Acknowledgment Form (see Attachment C). Failure to do so may subject the Proposer to disqualification.

The Contract Documents are hereby amended as follows:

Please refer to the following questions and answers:

Question: Attachment B-1 - City Standard Terms and Conditions – 2. Force Majeure - Is the City willing to make the following changes to the language in this section:

Except for the City's obligation to pay Supplier for Electricity delivered, if either Party is rendered unable, wholly or in part, to perform its obligations under this Agreement due to Force Majeure, to the extent affected by the Force Majeure the obligations of each Party will be suspended for the duration of such Force Majeure. A Party claiming Force Majeure shall promptly notify the other Party by telephone and confirm within a reasonable period of time by a written notice describing in reasonable detail the nature, and estimated duration, of such Force Majeure. The Force Majeure will, so far as possible, be remedied with all reasonable dispatch. “Force Majeure” means a material, unavoidable occurrence beyond a Party’s control, and does not include inability to pay, an increase or decrease in Taxes or the cost of Commodity, the economic hardships of a Party, or the full or partial closure of Customer’s facilities, unless such closure itself is due to Force Majeure. If the duration of the Force Majeure event exceeds twenty (20) days, the Party not claiming Force Majeure may terminate the affected portions of this

OFFICE OF THE DIRECTOR OF PURCHASING

MAUREEN McCAULEY

ASSISTANT DIRECTOR OF PURCHASING

235 GRAND STREET • WATERBURY, CONNECTICUT 06702 • PHONE: (203) 574-6749 • FAX: (203) 597-3437

Agreement with ten (10) days written notice to the other Party. Any termination due to Force Majeure will not be subject to an early termination payment.

Supplier shall not be held responsible for delays nor be subject to liquidated damages when such delays are caused by conditions beyond its control, including without limitation:

a. Acts of God, fire, explosion, epidemic, cyclone, flood, war, strikes, revolution, civil commotion, or acts of public enemies; and

b. Change of law and order, proclamation, regulation, ordinance, or governmental requirement.

Answer: See section G14 of RFQ. Please note that any modifications to the City’s Terms and Conditions will need to be approved by the City’s Corporate Counsel.

Question: Attachment B-1 - City Standard Terms and Conditions – 3. Default and Termination – In the event of a conflict, is the City willing to allow the Default and Remedies language in the Supplier’s standard supply contract to take precedence?

Answer: See section G14 of RFQ. Please note that any modifications to the City’s Terms and Conditions will need to be approved by the City’s Corporate Counsel.

Question: Attachment B-1 - City Standard Terms and Conditions – 4. Non-Appropriation or Lack of Funding – Is the City willing to delete this section in its entirety?

Answer:

See section G14 of RFQ. Please note that any modifications to the City’s Terms and Conditions will need to be approved by the City’s Corporate Counsel.

Question: In what circumstances would non-appropriation or lack of funding outlined in item 4 of the City's terms and conditions occur?

Answer: See section G14 of RFQ. Please note that any modifications to the City’s Terms and Conditions will need to be approved by the City’s Corporate Counsel.

Question: Attachment B-1 - City Standard Terms and Conditions – 6. Indemnification - Is the city willing to add “and (c) that arise prior to title passing to the City.” to the end of the first paragraph?

Answer: See section G14 of RFQ. Please note that any modifications to the City’s Terms and Conditions will need to be approved by the City’s Corporate Counsel.

Question: What legal document would take precedence in the event of a conflict between the supplier contract and the City's terms and conditions?

Answer:

See section G14 of RFQ. Please note that any modifications to the City’s Terms and Conditions will need to be approved by the City’s Corporate Counsel.

Question: Should the City of Waterbury terminate the contract prior to the contractual end date, to make the suppliers whole, are suppliers allowed to charge liquidation?

Answer: See section G14 of RFQ. Please note that any modifications to the City’s Terms and Conditions will need to be approved by the City’s Corporate Counsel.

Question: Would the City permit a supplier to submit their August 2025 proposal as a qualification document, in lieu of preparing a completely new proposal?

Answer: It is at the respondent’s discretion what they choose to include in its response for this Request for Qualification.

Thank you.

Maureen McCauley

Assistant Director of Purchasing – City of Waterbury