AMITY REGIONAL SCHOOL DISTRICT NO. 5

25 NEWTON ROAD

WOODBRIDGE, CONNECTICUT 06525

REQUEST FOR PROPOSALS FOR

DISTRICT-WIDE IMPLEMENTATION OF ENERGY SAVINGS MEASURES

ON AN ENERGY-SAVINGS PERFORMANCE CONTRACTING BASIS AT THE

RFP # 2026-6

ISSUED: NOVEMBER 4, 2026

PROPOSAL DUE DATE:

JANUARY 5, 2027 at 2:00 p.m. EST

TABLE OF CONTENTS

1. PUBLIC NOTICE

2. INSTRUCTIONS TO PROPOSERS

1. INTRODUCTION AND BACKGROUND

2. PROJECT NOTICES

3. GENERAL INFORMATION

A. Project Parameters

B. Scope of Work

C. ESPC Financial Structure

D. Financial Responsibility for Engineering Services

E. Insurance Requirements

F. Proposal Security

G. Bonding Requirements

H. Taxes

I. Non-Discrimination and Equal Employment Opportunity Requirements

J. Prevailing Wage Requirements

K. Non-Resident Contractor Requirements

L. Background Checks

M. Project Phases

N. End-Use Conditions to be Maintained

O. Final Acceptance Requirements

4. RFP SUBMISSION AND SELECTION PROCESS

A. RFP Documents

B. RFP Schedule

C. Pre-Proposal Introductory Meeting

D. Site Conditions/Pre-Proposal Project Site Walkthroughs

E. Questions, Interpretations & Addenda

F. Communication Between District and Proposers

G. Proposal Submissions

H. Modifications or Withdrawal of Proposals

I. Evaluation Criteria and Basis for Selection

5. PROPOSAL FORMAT AND CONTENTS

A. Proposal Section A – QESP Background and Qualifications

B. Proposal Section B – Technical Aspects of the Proposal

C. Proposal Section C – Financial Aspects of the Proposal

D. Proposal Section D – Schedule for Construction and Completion

E. Proposal Section E – Official Statement of Proposer

F. Proprietary Information

APPENDIX A: Facility Profile

APPENDIX B: Floor Plans

APPENDIX C: Energy Data

APPENDIX D: AHERA Triennial Reports

APPENDIX E: ECM’s to be Considered

APPENDIX F: Five Year Capital Plans

APPENDIX G: Minimum Standard Contract Clauses

PUBLIC NOTICE

REQUEST FOR PROPOSALS FOR

QUALIFIED ENERGY SERVICE PROVIDER SERVICES FOR DISTRICT-WIDE ENERGY SAVINGS

MEASURES ON AN ENERGY-SAVINGS PERFORMANCE CONTRACT BASIS

RFP # 2026-6

Amity Regional School District No. 5 (“RSD5” or the “District”) is seeking sealed proposals from responsible qualified energy service providers (“QESP”) to perform and provide district-wide energy savings measures and related services for all District school buildings and facilities on an energy-savings performance contract (“ESPC”) basis that guarantees savings, including without limitation, energy-efficient upgrades and renovations to facility building systems and implementation of optimal operation and maintenance procedures (the “Project”).

Sealed proposals with the words “SEALED PROPOSAL - Amity Regional School District No. 5 RFP for QESP Services – RFP # 2026-6” and the Proposer’s name and address all clearly marked on the outer envelope must be received by the District at the office of the Director of Finance and

Administration in the District’s Administrative Offices located at 25 Newton Road, Woodbridge, Connecticut 06525, no later than 2:00 p.m. EST on JANUARY 5, 2027 (the “Proposal Due Date”), at which time proposals received will be publicly opened and read aloud. In the event of the closure of the

District’s Administrative Offices on the Proposal Due Date, proposals will be opened and read aloud at

2:00 p.m. EST on the next business day that the Administrative Offices are open. Any proposal received in response to this RFP after the Proposal Due Date, as it may be amended by Addendum, shall not be considered.

Each sealed envelope must include the Proposer’s original response to this RFP and two (2) paper copies, and a digital copy (a USB drive is acceptable) of the Proposer’s response to this RFP. A digital copy of the Proposer’s response to this RFP must also be emailed to the District’s Director of Finance and

Administration, Theresa Lumas, at terry.lumas@amityregion5.org, and cc’d to Justin Benoit, Director of

Project Delivery for Energia USA, Inc. (“Energia”) at jbenoit@energiasaves.com. Responses to this RFP must be delivered by U.S. mail or hand delivered, with an additional copy submitted by email. Responses submitted by facsimile or email only will not be accepted by the District.

This RFP, including the Instructions to Proposers, appendices, and other documents comprising the RFP, may be accessed on the Connecticut Department of Administrative Services (“DAS”) website at https://portal.ct.gov/das/ctsource/bidboard under the State Procurement Marketplace, State Contracting

Portal (“DAS Portal”). To access the documents, click on the Contracting Organization, Cities, Towns and Municipalities, “Regional School District No. 5.”

An introductory meeting and pre-proposal review of the proposal requirements will be conducted by

Energia, the District’s consultant and Project Manager engaged for the Project, via remote teleconference on NOVEMBER 9, 2026 at 1:00PM via Zoom (https://us06web.zoom.us/j/83951159216). All prospective Proposers are urged to attend and should contact Justin Benoit at jbenoit@EnergiaSaves.com no later than 48 hours before the pre-proposal meeting to confirm login details.

Mandatory pre-proposal walkthroughs of the District’s facilities will be conducted for prospective

Proposers as follows: at Amity Regional High School located at 25 Newton Road, Woodbridge, CT

06525, on Monday, November 16, 2026 beginning at 12:00 p.m. to 6:00 p.m., and on Monday, November

30, 2026 beginning at 12:00 p.m. to 6:00 p.m.; at Amity Middle School – Orange, located at 100 Ohman

Avenue, Orange, CT 06477, on Tuesday, November 17, 2026 beginning at 12:00 p.m. to 6:00 p.m., and mailto:terry.lumas@amityregion5.org mailto:jbenoit@energiasaves.com https://portal.ct.gov/das/ctsource/bidboard https://www.google.com/url?q=https://us06web.zoom.us/j/83951159216&sa=D&source=calendar&ust=1794073245432209&usg=AOvVaw2_vcoxXM_hm7-hoad3re_G on Tuesday, December 1, 2026 beginning at 12:00 p.m. to 6:00 p.m.; and at Amity Middle School –

Bethany, located at 190 Luke Hill Road, Bethany, CT 06524, on Wednesday, November 18, 2026 beginning at 12:00 p.m. to 6:00 p.m., and on Wednesday, December 2, 2026 beginning at 12:00 p.m. to

6:00 p.m. Each session of the Project site walkthrough will begin at the main entry of each school building. Interested Proposers must attend at least one walkthrough at each school building. Interested

Proposers are to confirm attendance at the pre-proposal walkthrough and request instructions for attendance by email to Justin Benoit at jbenoit@EnergiaSaves.com and the District’s Director of

Facilities, Stephen Martoni, at stephen.martoni@amityregion5.org, no later than twenty-four (24) hours before the walkthrough. No proposal will be considered responsive unless the Proposer attended the mandatory pre-proposal walkthrough.

Any questions and official Requests for Information (“RFIs”) by interested Proposers regarding the RFP shall be submitted in writing in accordance with the Instructions to Proposers no later than December 18, 2026, at 2:00 p.m. Please see the Instructions to Proposers for details regarding questions and RFIs.

Under no circumstances will the District respond to non-written questions or RFIs. Responses to questions and RFIs will be provided by Addendum, posted on the DAS Portal no later than December 29, 2026, and provided by email to Proposers who attended the mandatory pre-proposal walkthrough.

No Proposer or prospective Proposer shall have any contact or communication with any member of the

District’s Board of Education, or any District officer, representative, or employee regarding this procurement during the pendency of this procurement, except as expressly provided and permitted in this

RFP and the Instructions to Proposers. Failure to comply with these conditions may result in disqualification of a noncomplying Proposer.

This Project will be subject to the prevailing wage law requirements of Connecticut General Statutes

(CGS) Section 31-53, et seq.

All proposed contract and ancillary documents submitted in response to the RFP are subject to review by and approval of the District and its legal counsel.

The District reserves the right to amend or withdraw the RFP for any reason; to accept or reject any or all proposals submitted in response to the RFP, in whole or in part; to waive any informalities or non-material deficiencies in any submission; to make such award (or make no award) of a contract in connection with this RFP; and to negotiate with one or more Proposers, all as determined by the District’s

Board of Education, Superintendent, and/or Director of Finance and Administration, in their discretion, to be in the best interests of the District.

Responses to the RFP may be rejected for irregularities of any kind, including without limitation, alteration of form, additions not called for, conditional proposals, and incompleteness. Responses to the

RFP may also be rejected if, in the opinion of the District’s Board of Education, Superintendent, and/or

Director of Finance and Administration, the same do not meet the standards required in the RFP. Any or all responses to the RFP may be rejected if there is any reason to believe collusion exists among two or more parties submitting proposals. The foregoing provisions are for illustrative purposes and shall in no way limit the District’s right to reject any and all proposals submitted in response to the RFP. An award of a contract in connection with the RFP shall be made to the QESP that will best meet the needs of the

District and whose proposal is determined to be the most advantageous to the District, which need not be the proposal with the lowest cost.

Amity Regional School District No. 5 is an Equal Opportunity Employer. Minority Business Enterprises

(MBE) and Women’s Business Enterprises (WBE) are encouraged to bid.

[END OF PUBLIC NOTICE]

mailto:jbenoit@EnergiaSaves.com mailto:stephen.martoni@amityregion5.org

INSTRUCTIONS TO PROPOSERS

1. INTRODUCTION AND BACKGROUND

The objective of this RFP is to solicit proposals for a project to assist the District to become as energy efficient as possible through installation of energy savings measures, upgrades, and implementation of optimal operation and maintenance procedures across the District facilities. The District wishes to implement the proposed comprehensive energy project on an ESPC basis. Only projects which have a return on investment of twenty (20) years or less, reduce real energy consumption, and are funded under a guaranteed performance basis will be considered.

The Project Goals include, but are not limited to: (1) improving comfort conditions and indoor air quality;

(2) replacing and/or upgrading old and/or inefficient systems; (3) improving utilization of technology; (4) upgrading heating, ventilating, and air conditioning systems where applicable; (5) offsetting future capital expenses (6) minimizing financial and technical risk; (7) establishing current base usage for energy (oil, gas and electricity); (8) reducing energy usage; and (9) implementation of solar photovoltaic technology.

Under this solicitation, it is expected that only one QESP will be selected to perform all of the Work for the District, whether the Work is performed in phases or as one comprehensive project, at the discretion of the District. The District will consider ESPC proposals based on a guaranteed savings basis only. The

ESPC must include a non-appropriation clause under which the District’s payments are subject to annual appropriation. It is expected that savings guarantees provided by the selected QESP will fully offset the

Project costs to the District, and no out-of-pocket expenses to the District will be permitted.

The District currently expects to finance and own any new equipment installed as a result of the Project.

The District reserves the right to consider its options regarding the purchase, financing, and ownership of any new equipment installed. Proposals should include financing provided through a third party.

The District will only consider proposals based on a first-party guaranteed savings arrangement, with the QESP as the first party. The QESP proposing any guaranteed savings must directly maintain guarantee liability, and no third-party guarantees will be accepted. Proposers must demonstrate how the proposed Project is guaranteed. The District further reserves the right, in its sole discretion, to finance and/or refinance any ESPC, in part or in whole, as may be in the best interest of the

District to obtain the lowest cost possible. Such determination shall be at the sole discretion of the

District.

2. PROJECT NOTICES

Proposers shall be aware of and responsible for complying with all laws, rules, regulations and orders, as amended, that affect the scope of work to be performed pursuant to this RFP, including without limitation

Connecticut General Statutes (“CGS”) Section 16a-37x. Any ESPC entered into in connection with this

RFP must comply with the conditions set forth in Section 3.C below.

Failure to complete and follow the proposal format required by Section 5 of these Instructions to

Proposers may be grounds for disqualification.

3. GENERAL INFORMATION

A. Project Parameters

The selected QESP will provide comprehensive energy services for buildings and facilities serving the District pursuant to an ESPC, including but not limited to:

i. Performance of an Investment Grade Energy Audit (“IGEA”), also referred to as a

Comprehensive Energy Audit, resulting in an IGEA Report.

ii. Services in connection with the design and specification of equipment and systems to be used in providing energy efficiency services.

iii. Procurement and installation of new equipment and refurbishing existing equipment. All new and refurbished equipment must be consistent with the existing equipment at the

District.

iv. Commissioning of the equipment, as per USGBC-LEED and ASHRAE Guideline 1.1-

2007 standards.

v. Preventive and emergency maintenance and servicing of the installed equipment, only through the warranty period, with no reductions in District staffing.

vi. Staff training.

vii. Services in connection with arrangement of financing of the equipment.

viii. Energy savings performance guarantees.

ix. Identification of available financial incentives or rate reductions from companies supplying oil, gas, electricity, or transmission or distribution service for gas or electricity.

x. The QESP must work cooperatively with facility management and the District in coordinating this project.

xi. All paperwork necessary for obtaining a building permit and assistance in obtaining any form of energy aid available.

xii. The QESP has the obligation to determine if hazardous materials/wastes will be disturbed or handled/disposed of in performing the Project. Hazardous materials/wastes include, but are not limited to, asbestos, lead paint, mercury and PCBs. If hazardous materials/wastes must be disturbed, removed, remediated and/or disposed of, the QESP must advise the District beforehand, perform such activities in accordance with all federal and State regulations, and pay for the cost of said activities. A copy of the District’s

AHERA reports is available in Appendix D.

xiii. Operating and Maintenance (O&M) costs generally shall not be included in cash flow or

ECM proposals. Estimates of Operating and Maintenance cost savings may be listed for informational purposes only, however O&M will be permissible for interior and exterior

LED lighting only and may be included in the cash flow. O&M calculations must be clearly documented to be accepted.

xiv. Interest or Discount Rates shall be assumed to be 4.75%.

xv. Financing Term shall be assumed to be 20 years.

xvi. Two percent (2%) escalation of energy cost per year is permitted.

xvii. No escalation of project costs or maintenance costs.

xviii. List estimate of available rebates. Subtract estimated rebates from Total Project Cost to determine Net Project Cost upon which lease payments are based.

xix. Heating season should be generally assumed to be: September 15th to May 31st.

xx. Cooling season, as applicable should be generally assumed to be: June 1 to September 30.

xxi. Operating hours may be generally assumed to be 1,800 hours for school buildings and

3,000 hours for District administrative facilities. Actual baseline operation hours must be determined for each building and area and refined during the audit process by the QESP.

xxii. Assume one year of interest accrual for the construction period in your financial Pro-

Forma.

xxiii. Use the District’s most recent provided fiscal year as the baseline for your energy usage in the QESP’s RFP response. The yearly energy use shall be based on 12 months beginning on July 1st and ending on June 30th.

xxiv. Include Measurement and Verification (M&V) costs for 3 years as part of each

Proposer’s response to this RFP. M&V methods must be in accordance with the

International Performance Measurement and Verification Protocol (IPMVP) as appropriate. Proposers must indicate in their RFP responses the M&V Option being employed for each measure. Options B or C should be employed for all major fuel-side

(thermal) saving measures. Option A may be employed for electrical savings as appropriate. At no time may measures be simply noted as “stipulated savings”.

xxv. RFP responses must itemize all proposed Energy Conservation Measures, ECM’s

(electric or thermal) separately, noting savings and costs for each individually.

xxvi. RFP responses must include a chart clearly signifying the positive environmental impact of your proposed ESPC.

xxvii. Any ESPC entered into by the District shall be self-funding on an annual basis. All annual revenues must be greater than all annual costs.

xxviii. A blended $/kWh rate shall not be used for any energy savings calculations.

xxix. All additional annual periodic maintenance costs incurred as a result of the installation of any ECM shall be clearly indicated with the proposed ESPC and included in the simple payback calculation.

xxx. Proposers are encouraged to include the financial impact of all local utility, State, and

Federal rebates and incentives, as applicable. Proposers shall provide a breakdown of all rebate and incentive monies outlining, at minimum, the anticipated percentage reimbursement, anticipated reimbursement value ($), their experience and knowledge regarding the program, and commitment to requirements in order to secure the proposed reimbursement value. ALL GRANTS, REBATES, INCENTIVES, AND TAX

CREDITS MUST BE GUARANTEED BY THE PROPOSER IF SELECTED AS

THE QESP.

xxxi. Solar Structural Feasibility Study: The selected QESP will be responsible for performing a structural feasibility study for solar during the IGEA. The selected QESP is responsible for the cost of this study, which shall include review of structural drawings and on-site investigation of structural steel members to identify allowable additional loads (PSF) for each section where solar is proposed for the IGEA. The structural feasibility study shall account for roof live loads, roof dead loads, and roof snow loads and shall calculate the allowable remaining load for each unique area of each building where solar is proposed.

xxxii. A solar monitoring system/dashboard must be provided for the District’s continued use in tracking energy and environmental benefits, and to serve as an educational tool.

B. Scope of Work

The selected QESP shall identify the most effective measures that can be taken to reduce consumption and costs for heating, cooling, ventilation, lighting, water heating, water consumption, and other energy uses in each facility. Each proposal in response to this RFP should address consumption of all energy sources, including oil, gas, and electricity. Measures may involve controlling, modifying, adding, or replacing equipment and systems. Establish consumption levels for all current services as a baseline for measurement of savings. At the present stage of the Project, the District desires to undertake the largest possible Project without deficit or negative cash flow at any time during the Project term, as opposed to a maximization of cash flows.

The technical strategies addressed by each Proposer’s proposal must include, but are not limited to, the following items:

i. Lighting and lighting controls, including fixture replacement, occupancy sensors and day lighting.

ii. Traffic signaling, flashers and road signage.

iii. Demand limiting strategies, including cogeneration and scheduling of process equipment, if appropriate.

iv. Photovoltaic systems installation.

v. Geothermal systems installation.

vi. All major heating and cooling equipment, including, HVAC, air handling and related insulation.

vii. Installation of computerized environmental control and energy management systems and calibration and repair of existing temperature control systems.

viii. Envelope components such as roofs, doors, windows, insulation and weatherization.

ix. Assistance with the procurement of electric, gas, oil, biofuels and other utilities.

x. In a building served by a steam system, the condition of the system, traps, condensate, pumps, etc.

xi. Possible replacement or refurbishment of unit ventilators.

xii. Evaluate both boiler/burner replacements versus burner replacements where applicable.

xiii. Roof replacements.

xiv. Boiler controllers.

xv. Energy savings measures noted in the appendices should be considered as part of any proposal. If an item is considered but determined not feasible for inclusion in the Project, provide a narrative explaining why in Proposal Section B-2 of your response.

All applicable codes and standards must be adhered to. Existing ventilation code requirements that are not met shall be identified as such. Failure to do so may result in the proposal being deemed non-responsive.

The District specifically requests that each Proposer inspect and consider the following systems in the preparation and submission of responses to this RFP:

• Investigate the opportunity to upgrade existing lighting fixtures, both interior and exterior, to more modern LED Lighting, District-wide, including the implementation of lighting control systems and strategies.

• Explore opportunities to improve/expand on the temperature control system(s) District-wide, including, but not limited to, retro-commissioning of the existing control systems, expansion/implementation of new DDC controls system(s), and elimination of existing pneumatic controls, as applicable.

• Explore the opportunity to upgrade or replace existing HVAC equipment at Bethany MS and Orange MS. The District has performed a detailed assessment of the existing HVAC system at each school, including recommendations for a complete HVAC overhaul (DX

RTUs, VRF, unit ventilator replacement, and similar measures). To note, the District is aware of humidity issues in both schools and requests that any proposed solution aims to address these issues directly, whether through improved BMS control and/or replacement of existing HVAC equipment and systems. For more information, refer to the HVAC

Survey and the Concept Design report, as applicable, and Appendix F – Five Year

Capital Plan.

• Investigate the opportunity to address overheating concerns in the High School, specifically in the office areas during the shoulder season. This may include, but is not limited to, improved BMS control strategies, replacement/addition of HVAC equipment and systems, and window shades/ film to reduce solar heat gain.

• Investigate all opportunities to implement Solar PV including, but not limited to, Roof, Carport, and/or Canopy arrays. Note: Information regarding the existing roof conditions has been provided as part of the RFP Appendices package. Note, given the existing age and condition of roofs, QESPs shall consider a roof replacement/roof recoat measure in conjunction with any proposed roof-mounted solar, as applicable.

• Additional opportunities have been identified in Appendix F – Five Year Capital Plan.

Note: The replacement of equipment or disturbance of materials is the QESP’s responsibility and must be performed in a manner that prevents the release of asbestos, lead, PCBs, mercury, and other hazardous materials and provides for their proper disposal. The District requires a chain of custody of all materials from source removal to disposal.

Building square footages, Contact Information and Energy Consumption/Cost Data, are included in the various appendices.

C. ESPC Financial Structure

The ESPC entered into by the District and the selected QESP must contain the following conditions and shall also incorporate Appendix G – Minimum Standard Contract Clauses:

i. The amortization period shall not exceed the term of the ESPC;

ii. Rebates, grants, and incentives attributable to the Project shall be separate from and shall not be treated as energy savings under the ESPC; this does not relieve the QESP of responsibility to seek and obtain all available funds;

iii. The QESP must guarantee recovery of ESPC costs from energy savings over the term of the ESPC, which shall not exceed twenty (20) years; and

iv. The QESP shall ensure that the Project has positive cash flow for each year of the Project term.

v. Project Pricing:

Proposals shall state Project costs on a measure-by-measure basis in the format required by Proposal Section C, and final Project pricing will be established in the IGEA Report and the ESPC.

Proposers shall structure the District’s payment obligations for services provided under the ESPC and submit a proposed form of ESPC, together with any necessary ancillary agreements that specifically meet the needs of the District. Proposers may substitute an example of an executed performance contract with ancillary agreements that would be the basis for negotiation with the District. All ESPC and ancillary documents proposed in response to this RFP are subject to review, modification, and approval by the District’s legal counsel and shall incorporate the terms and conditions of this RFP, including the minimum terms and conditions in the appendices attached hereto. Payments from the

District to the selected QESP must be based on guaranteed savings.

All ESPCs and other financing arrangements proposed must be capable of being implemented under the laws, rules, and regulations of the State of Connecticut.

The savings guarantee must be integrated into the financing to guarantee coverage of all

District costs, including interest, each year during the term of the ESPC and for the entire

Project.

Each District building identified in Appendix A, which also includes the square footage for each building, must be evaluated for any potential savings. Utility data, drawings, and other facility information will be made available as described in Section 4.C.

Upon review of proposals received in response to this RFP, the District expects to select a single QESP to conduct an IGEA of the facilities to verify that the estimates in the proposal are valid. There shall be no charge to the District for the IGEA or any cost associated with the IGEA and the IGEA Report. If a viable project is identified, the

District expects to negotiate an ESPC through its legal counsel with the QESP to provide for implementation of the proposed Project.

D. Financial Responsibility for Engineering Services

The QESP shall use and fund the services of the District’s Owner’s Representative and Engineer, Energia, to develop and manage the project for the District; and to supervise and approve the preparation of the plans and specifications for all Energy Conservation Measures (ECM) proposed. The cost shall be 5% of construction costs for projects $10 million or greater, 6% of construction costs for projects $7 to $10 million, and 7% of construction costs for projects less than $7 million in accordance with the following fee schedule:

• 30% upon the District’s signing of the ESPC with the QESP

• 30% upon submittal of plans and specifications (Payment shall be made incrementally on a pro-rated basis)

• 30% upon approval of plans and specifications (Payment shall be made incrementally on a pro-rated basis)

• 10% upon substantial completion (as mutually agreed upon between QESP and Energia or upon approval of payment application representing 95% project completion)

Each of the payments shall be made by the QESP to Energia within 30 days of receipt of invoice. Invoices that have not been paid by the QESP within 45 days of receipt of such invoice shall be subject to interest at the rate of 18% per annum.

Accordingly, the QESP will fund the services of Energia as a representative of the District, to provide project management, administration and supervisory review of all necessary plans and specifications as the District’s independent engineers.

In addition to any other legal requirements concerning ESPCs, Energia, as the Owner’s Representative, shall certify that it is free from any financial interest in the QESP which conflicts with the proper representation of the District and that full disclosure has been made to the District detailing all financial compensation received from the QESP as required by this RFP and the ESPC.

The QESP agrees that Energia shall have the right to all environmental, energy, tax, financial, and electrical-related attributes, rights, credits, benefits and characteristics associated with or arising out of the transactions contemplated by this ESPC. This shall include, but not be limited to tax filings under Internal

Revenue Code Section 179D. Energia will be designated the sole Section 179D beneficiary.

E. Insurance Requirements

The selected QESP will be required to purchase and maintain, without interruption, from the commencement of Work through final completion of the Project, and for any additional periods specified below or in the ESPC, the insurance set forth in this Section 3.E and any insurance otherwise required by applicable law. The QESP shall submit to the District certificates of insurance or other evidence of compliance with these insurance requirements for the District’s approval before commencement of any

Work. The cost of the required insurance shall be included in the QESP’s proposed Project costs.

Before commencement of Work at the Project sites, the QESP shall purchase and maintain the following types and limits of insurance from an insurance company or companies lawfully authorized to issue insurance in the State of Connecticut. The QESP shall maintain the required insurance through expiration of the warranty and correction period specified in the ESPC, except that the QESP shall maintain Commercial General Liability coverage for seven (7) years after Substantial Completion of the

Work.

The insurance requirements set forth in this Section 3.E are independent of, and in addition to, the

QESP’s liability under the ESPC and RFP Documents. Nothing in the ESPC or RFP Documents shall limit the QESP’s liability to the limits of insurance required hereunder. The QESP shall be solely responsible for payment of all deductibles or retention amounts pertaining to any required insurance. The limits and coverages set forth herein are minimum requirements and shall not restrict the rights of additional insureds to the stated minimum coverage amounts if the QESP maintains higher limits.

1. QESP’s Liability Insurance

A. Commercial General Liability

Commercial General Liability insurance for the Project written on an occurrence form with policy limits of not less than One Million Dollars ($1,000,000) each occurrence, Two Million Dollars

($2,000,000) general aggregate, and Two Million Dollars ($2,000,000) aggregate for products-completed operations hazard, providing coverage for claims including:

(1) damages because of bodily injury, sickness or disease, including occupational sickness or disease, and death of any person;

(2) personal injury and advertising injury;

(3) damages because of physical damage to or destruction of tangible property, including the loss of use of such property;

(4) bodily injury or property damage arising out of completed operations;

(5) the QESP’s indemnity obligations under the ESPC; and

(6) electronic data liability (under endorsement ISO CG 04 37 or its equivalent).

The QESP’s Commercial General Liability policy shall not contain an exclusion or restriction of coverage for the following:

(1) Claims by one insured against another insured, if the exclusion or restriction is based solely on the fact that the claimant is an insured, and there would otherwise be coverage for the claim;

(2) Claims for property damage to the QESP’s Work arising out of the products-completed operations hazard where the damaged Work or the Work out of which the damage arises was performed by a Subcontractor;

(3) Claims for bodily injury other than to employees of the insured;

(4) Claims for indemnity under the ESPC arising out of injury to employees of the insured;

(5) Claims or loss excluded under a prior work endorsement or other similar exclusionary language;

(6) Claims or loss due to physical damage under a prior injury endorsement or similar exclusionary language;

(7) Claims related to roofing, if the Work involves roofing;

(8) Claims related to exterior insulation finish systems (EIFS), synthetic stucco or similar exterior coatings or surfaces, if the Work involves such coatings or surfaces;

(9) Claims related to earth subsidence or movement, where the Work involves such hazards;

(10) Claims related to explosion, collapse and underground hazards, where the Work involves such hazards.

The Commercial General Liability coverage general aggregate limit shall apply separately to each

Project on a per-project basis and shall be unimpaired at commencement of the Work. The coverage shall be written on the most recent ISO occurrence form (CG 00 01) or a substitute occurrence-based form providing equivalent coverage, and shall include liability arising from premises, operations, independent contractors, products/completed operations covering construction means and methods maintained for no less than seven (7) years after completion of the Work, personal and advertising injury, contractual liability (without requiring privity of contract), and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). The

Commercial General Liability coverage shall apply to, and not exclude coverage for, joint negligence of the QESP and other persons, acts and omissions of Subcontractors and their subcontractors, and completed operations. The policy shall contain a broad-form contractual liability endorsement or similar wording within the policy form, if applicable.

The District, the Amity Regional School District No. 5 Board of Education, Energia, as Owner’s

Representative, and their respective members, affiliates, employees, volunteers, directors, and officers shall be included as additional insureds under the Commercial General Liability policy, to the extent commercially available, using endorsements providing coverage no less broad than the coverage provided to the named insured. Commercial General Liability coverage shall apply as primary and non-contributory insurance before any other insurance or self-insurance, including any deductible maintained by or provided to an additional insured.

B. Commercial Automobile Liability insurance written on the most recent ISO form CA 00 01 or its equivalent, covering owned, hired, and non-owned vehicles, including trailers, used by the QESP or in connection with the Work, with policy limits of not less than One Million Dollars ($1,000,000) combined single limit per accident for bodily injury, death, and property damage arising out of the ownership, maintenance, or use of motor vehicles, together with any other statutorily required automobile coverage. If vehicles are used to transport hazardous materials, ISO CA 99 48 (broadened pollution) and an MCS 90 endorsement shall be included unless Pollution Liability coverage described in Section 3.E.1.G applies to the operations and vehicles being used.

C. Umbrella or Excess Liability insurance on an occurrence basis in excess of the coverages and limits required for the primary liability insurance under Sections 3.E.1.A, 3.E.1.B, and 3.E.1.E, in an amount not less than Five Million Dollars ($5,000,000) per occurrence and Five Million Dollars

($5,000,000) unimpaired general aggregate per policy year. Umbrella or Excess coverage shall be follow-form on a primary and non-contributory basis and shall provide the same or greater coverage as the QESP’s Commercial General Liability, Commercial Automobile Liability, and Employers’

Liability insurance. In no event shall Umbrella or Excess Liability provide narrower coverage than the primary policy. The policy shall not require exhaustion of underlying limits only through actual payment by underlying insurers and shall include as additional insureds all entities that are additional insureds under Sections 3.E.1.A, 3.E.1.B, and 3.E.1.E.

The QESP may achieve the required limits and coverage for Commercial General Liability, Automobile Liability, and Employers’ Liability insurance through a combination of primary and excess or umbrella follow-form liability insurance, provided the policies result in the same or greater coverage as required under Sections 3.E.1.A, 3.E.1.B, and 3.E.1.E and the excess or umbrella policy is no narrower than the primary policy. Aggregate limits shall apply separately with respect to the

Work.

D. Workers’ Compensation at statutory limits.

In addition to any other requirements related to workers’ compensation insurance, if the QESP is a sole proprietor, a single-member limited liability company, or otherwise has no employees, the QESP shall maintain workers’ compensation insurance as if it were an employer in accordance with

Connecticut law.

E. Employers’ Liability insurance with policy limits not less than One Million Dollars ($1,000,000) each accident, One Million Dollars ($1,000,000) each employee, and One Million Dollars

($1,000,000) policy limit.

F. Professional Liability insurance covering performance of the professional services, including without limitation, surveying, design, engineering, stamping of drawings or specifications, consulting, programming, or software development, with policy limits of not less than Two Million Dollars

($2,000,000) per occurrence or claim and Two Million Dollars ($2,000,000) in the aggregate. If the policy is written on a claims-made basis, its retroactive date shall precede commencement of the

Work, be no later than the policy inception date, and coverage shall be continuously maintained through at least three (3) years after Substantial Completion of the Project.

G. If the Work involves the handling, abatement, cleanup, removal, transport, dissemination, use, or release of pollutants or hazardous materials, including but not limited to asbestos, PCBs, contaminated soils, or lead-based paint, the QESP shall procure Pollution Liability insurance with policy limits of not less than One Million Dollars ($1,000,000) per occurrence and One Million

Dollars ($1,000,000) in the aggregate. The policy shall provide coverage for pollution, lead, mold, asbestos, and other hazardous building-material liability, including the QESP’s removal, replacement, enclosure, encapsulation, handling, transport, and disposal operations; first-party and third-party claims; cleanup, legal, and claim expenses; and transit and disposal. The policy shall specifically include coverage for asbestos, lead paint, PCBs, and other hazardous building materials and shall eliminate or modify the Pollution Exclusion so it does not apply to such operations. Coverage shall be written on an occurrence basis and maintained for three (3) years after the District’s acceptance of the

Certificate of Completion. If a retroactive date is used, it shall pre-date policy inception. If motor vehicles are used to transport hazardous materials, the QESP shall provide broadened pollution liability coverage under ISO endorsement CA 99 48 and proof of MCS 90. Policy forms and endorsements are subject to review by the District.

If the Project involves removal of asbestos or other hazardous materials, the QESP shall coordinate asbestos and hazardous-material testing and sampling with the District’s environmental consultant.

All costs associated with such testing and sampling shall be the responsibility of the QESP.

H. Coverage under Sections 3.E.1.F and 3.E.1.G may be procured through a combined Professional

Liability and Pollution Liability insurance policy, with combined policy limits of not less than Three

Million Dollars ($3,000,000) per claim and Three Million Dollars ($3,000,000) in the aggregate.

I. Cyber Security/Liability Insurance for first-party and third-party losses due to data security and privacy breaches, including business interruption, cyber-extortion, breach of privacy, and identity theft, with policy limits of not less than Five Million Dollars ($5,000,000) per claim and Five Million

Dollars ($5,000,000) in the aggregate. The insurance shall remain in effect during the entire term of the ESPC and for not less than three (3) years after the latest of (i) Substantial Completion of the

Work, (ii) termination of the ESPC, or (iii) the return or certified destruction of District data in the possession or control of the QESP and its subcontractors and subconsultants. If coverage is written on a claims-made basis and is cancelled or not renewed during that period, the QESP shall purchase an extended reporting period of not less than three (3) years. The retroactive date shall be no later than the earlier of the effective date of the ESPC or commencement of services under the ESPC and shall be maintained without advancement. This insurance shall include coverage for, at a minimum, direct loss of property or use of property, resulting damage, infringement of intellectual property, invasion of proprietary information (including theft, damage, destruction, or alteration of electronic information), extortion or breach of security, and costs of notifying affected parties, credit monitoring, recovery of compromised data, and forensic investigation of a potential or actual breach arising out of or in connection with the QESP’s performance of the ESPC. The insurance shall include coverage for, and shall not contain an exclusion or restriction of coverage for, the following:

.1 Network Security and Privacy Liability. Claims arising from the actual or alleged failure of the

QESP’s network security, including unauthorized access to or use of computer systems, failure to prevent transmission of malicious code, denial-of-service attacks, and any actual or alleged breach, compromise, or unauthorized acquisition, access, use, or disclosure of confidential information, Personally Identifiable Information (“PII”), Protected Health Information (“PHI”), student records, or other non-public, sensitive, or regulated data of the District or its employees, students, residents, contractors, or any third party;

.2 Privacy Regulatory Defense and Penalties. Defense costs and penalties or fines, to the extent insurable under applicable law, arising from any regulatory action, investigation, or proceeding related to an actual or alleged violation of any privacy or data-protection law, including the

Connecticut Data Privacy Act (Conn. Gen. Stat. § 42-515 et seq.), the Family Educational Rights and Privacy Act (“FERPA”), the Health Insurance Portability and Accountability Act

(“HIPAA”), and any other applicable data-breach notification or privacy statute;

.3 Notification Costs and Credit Monitoring. Costs and expenses incurred in connection with legally required or voluntarily undertaken notification to affected individuals, including credit-monitoring, identity-theft monitoring and restoration, call-center services, forensic investigation, and public-relations and crisis-management costs;

.4 Data Recovery and Business Interruption. Costs associated with restoration, recreation, or recovery of lost or corrupted electronic data, and business-interruption losses sustained by the

District resulting from a network-security event caused by the QESP’s acts, errors, or omissions;

.5 Technology Errors and Omissions. Claims arising from acts, errors, or omissions in rendering, or failure to render, technology or professional services in connection with the Project, including design, implementation, integration, maintenance, or management of computer systems, building-information modeling (BIM) platforms, computer-aided design (CAD) systems, project-management software, or other digital tools and electronic deliverables provided to or on behalf of the District;

.6 Cyber Extortion and Ransomware. Costs, expenses, and ransom payments, to the extent insurable under applicable law, incurred as a result of a credible cyber-extortion threat or ransomware event directed at the QESP’s systems that hold, process, or have access to District data.

J. To the fullest extent permitted by law, the QESP’s foregoing insurance policies and shall include a waiver of subrogation endorsement in favor of the District, the Board of Education, Energia as

Owner’s Representative, and their respective members, affiliates, employees, volunteers, directors, and officers.

K. Additional Insured Obligations.

To the fullest extent permitted by law, the QESP shall cause Commercial General Liability, Automobile Liability, and Umbrella or Excess Liability coverage to include the District, the Board of

Education, Energia as Owner’s Representative, and their respective members, affiliates, employees, volunteers, directors, and officers, as additional insureds for claims caused in whole or in part by the

QESP’s negligent acts or omissions during ongoing operations and completed operations. The additional insured coverage shall be primary and non-contributory to any general liability insurance maintained by the District or another additional insured and shall apply to both ongoing and completed operations.

The District, Energia as Owner’s Representative, and their respective affiliates, subsidiaries, partners, officers, directors, agents, employees, and servants shall be named as additional insureds on the insurance policies described in Sections 3.E.1.A, 3.E.1.B, 3.E.1.C, 3.E.1.E, 3.E.1.G, and 3.E.1.I, without a requirement for privity of contract. The additional insured coverage shall not be limited to vicarious liability or liability arising only from the named insured’s negligence.

L. All insurance policies maintained by the QESP shall be primary and non-contributory to insurance maintained by any additional insured, up to and including the limits of any Umbrella or Excess coverage, for loss arising out of the QESP’s performance of the Work. Where there is more than one insured, each policy shall apply to each insured separately as if there were a separate policy covering each insured, except with respect to policy limits. The QESP shall obtain certificates for each policy evidencing compliance with these requirements.

M. To the fullest extent permitted by law, the QESP, for itself and its insurers, shall waive all rights of recovery and subrogation against the District, the Board of Education, Energia as Owner’s

Representative, and their respective members, affiliates, employees, volunteers, directors, and officers, and any other person designated by the District or with whom the District has agreed to waive its rights, for losses within the scope of liability insurance required under this Section 3.E or otherwise maintained by the QESP in connection with the Work or Project.

N. To the extent commercially available, all insurance policies required under this Section 3.E or the

ESPC, and any insurance procured in connection with the Work or Project, shall permit the QESP to waive rights of subrogation against and include a waiver of subrogation endorsement in favor of the

District, the Board of Education, Energia as Owner’s Representative, and their respective members, affiliates, employees, volunteers, directors, and officers, and agents.

O. Limits of coverage stated above for any insurance are minimum required amounts, and if higher limits of coverage are maintained for any coverage such, those higher limits will be deemed to be the required coverage. Minimum coverage limits may be satisfied through any combination of primary and Umbrella or Excess coverage, provided there are no gaps in form or limits between primary and umbrella or excess coverage. Policy limits available to any additional insured shall be the full policy limits maintained by the named insured. The amounts of insurance specified herein are minimum requirements only and shall in no way limit the QESP’s liability or the applicability or availability of the QESP’s insurance.

2. Additional General Insurance Requirements

A. Certificates of Insurance. The QESP shall provide current certificates of insurance acceptable to the District evidencing compliance with the insurance requirements set forth in this Section 3.E, the

ESPC, and applicable law at the following times: (1) before commencement of the Work; (2) upon renewal or replacement of each required policy; and (3) upon the District’s written request. An additional certificate evidencing continuation of Commercial General Liability coverage, including completed operations coverage, shall be submitted with the QESP’s final application for payment after completing Work for the Project, and thereafter upon renewal or replacement of such coverage until expiration of the periods required by Section 3.E. The certificates shall identify the District, the

Board of Education, and Energia as Owner’s Representative as additional insureds where required.

The QESP’s policies shall be written by insurers licensed in Connecticut with an A.M. Best rating of no less than A-, VII or otherwise acceptable to the District. The QESP and its insurers shall provide the District and additional insureds with at least thirty (30) days’ prior written notice of termination, expiration, cancellation, reduction, or other material change in coverage and ten (10) days’ prior written notice of cancellation for non-payment.