RFP_2026-09_CONL_New_London_CRC_and_VNM_v1-14-25.pdf

City of New London Department of Finance-Purchasing Agent 13 Masonic Street ∙ New London, CT 06320 ∙ Phone (860) 447-5215 ∙ Fax (860) 447-5297

Request for Proposals Specifications and Proposal Documents

Proposal No.: 2026-09 CONL

SOLAR AT THE COMMUNITY RECREATION CENTER

AND VIRTUAL NET METERING OFFTAKE

Opening Date and Time: February 12, 2026 at 2:00 P.M.

Affirmative Action – Equal Opportunity Employer

13 Masonic Street ∙ New London, CT 06320 ∙ Phone (860) 447-5215 ∙ Fax (860) 447-5297

REQUEST FOR PROPOSALS FOR

SOLAR AT THE COMMUNITY RECREATION CENTER

AND VIRTUAL NET METERING OFFTAKE

NEW LONDON, CT

January 15, 2026

Table of Contents

Table of Contents 1

LEGAL NOTICE 3

I. STANDARD INVITATION FOR BIDS FOR BID #2026-09 CONL 4

II. RFP COMMUNICATIONS 4

III. INTRODUCTION 4

IV. KEY RFP DATES 5

V. BID REQUEST OVERVIEW 5

A. Background and Intent 5 B. Bidder Qualifications 6 C. Base Bid and Bid Alternate 6

VI. SCOPE OF SERVICES AND DELIVERABLES 7

A. Construction Requirements 7 B. NRES Program Requirements 14 C. Insurance 15

VII. OPTION AGREEMENT & LONG-TERM CONTRACT 15

A. Binding Option Agreement 15 B. Long-term Contract: PPA Overview 16

VIII. PROPOSAL SUBMISSION REQUIREMENTS 18

A. Checklist, Initial Disclosures & Initial Forms 19 B. Non-Collusion Certificate 19 C. Hold Harmless Agreement 19 D. RFP Fee Agreement 19 E. Project & Bid Details 20 F. Site Plan and Production 20 G. Project Delivery and Schedule 21 H. Description of Bidder Qualifications 21 I. References 22 J. Statement on Bidder’s Financial Strength 22 K. Proposed Power Purchase Agreement 22 L. Supplemental Information 22

13 Masonic Street ∙ New London, CT 06320 ∙ Phone (860) 447-5215 ∙ Fax (860) 447-5297

IX. PROPOSAL REVIEW PROCESS 22

A. Question and Answer Period 22 B. Non-mandatory Site Visit 23 C. RFP Response and Proposal Submission Date 23 D. Proposal Review 23 E. Proposal Selection 23 F. Proposal Disqualification 24 G. Preliminary Notice of Selection 24 H. Option Agreement Deadline & Submission to NRES Program 24

X. ADDITIONAL RFP TERMS AND REQUIREMENTS 25

A. Bidder Qualifications 25 B. Pricing Fairness 25 C. Advertising 25 D. Cost for Preparing Proposals & Proposal Ownership 25 E. Proposals Subject to FOIA 26 F. Compliance with Immigration Laws 26 G. Workers Compensation 27 H. Safety and Background Checks 27 I. Method of Doing Work 27 J. Safeguarding the City’s Property & Project Safety 27 K. Occupancy of the Property & Work Schedule 28 L. Pre-Construction Meeting 28 M. Legal Status 29 N. Presumption of Bidder’s Full Knowledge 29 O. Hold Harmless (Related to this RFP) 29

EXHIBIT A: CHECKLIST & INITIAL DISCLOSURES 31

EXHIBIT B: NON-COLLUSION AFFIDAVIT(S) 41

EXHIBIT C: HOLD HARMLESS AGREEMENT 43

EXHIBIT D: RFP FEE AGREEMENT 44

EXHIBIT E: CONFIDENTIAL BASE BID DETAILS FORM 46

EXHIBIT F: CONFIDENTIAL BID ALTERNATE DETAILS FORM 51

EXHIBIT G: SITE OVERVIEW 56

EXHIBIT H: NEW LONDON STANDARD CONTRACTING LANGUAGE 57

EXHIBIT I: MODEL OPTION AGREEMENT 67

EXHIBIT J: KEY RFP DATES 68

LEGAL NOTICE

REQUEST FOR PROPOSALS FOR

SOLAR AT THE COMMUNITY RECREATION CENTER AND VIRTUAL NET METERING

OFFTAKE

NEW LONDON, CT

January 15, 2026

The Purchasing Agent for the City of New London, CT (the “City”) will receive the following sealed Request for Proposals (“RFP”):

Proposal No. 2026-09 CONL: Solar at the New London Community Recreation Center and Virtual Net Metering Offtake. The due date and time for the proposals is February 12, 2026 at

2:00 PM.

The City seeks proposals from qualified clean energy developers for a 20 year Power Purchase Agreement (“PPA”) to (1) develop, own, operate and maintain a solar photovoltaic system at the New London Community Recreation Center (the “CRC System”), 1 Recreation Way, New London, CT 06320 (the “Property”); and as a bid alternate (2) provide Virtual Net Metering (“VNM”) offtake from solar photovoltaic clean energy systems in Eversource territory (the “VNM Systems”) totaling no more than 9 MW-AC that will offset up to 12,000,000 kWh/year of the City’s Beneficial Accounts. The City and the Selected Bidder will participate in Year 5 of the Non-residential Renewable Energy Solutions program (the “NRES Program”).

Klee Sustainability Advisors LLC (“KSA”) and CSW LLC d/b/a CSW Energy (“CSW”) are administering this RFP on behalf of the City. The RFP is available electronically at the City’s Bid Portal (https://procurement.opengov.com/portal/newlondonct); and the CT DAS Contracting Portal (https://portal.ct.gov/DAS/CTSource/BidBoard). Proposals must be received by the City’s Director of Purchasing no later than 2:00 PM on Thursday, February 12, 2026.

The City reserves the right to reject any and all bids, to waive minor irregularities in the bidding and to award the contract to other than the low bidder if deemed in the best interest of the City of New London.

Joshua Montague; Accounting/Purchasing Agent

END OF LEGAL NOTICE

https://procurement.opengov.com/portal/newlondonct https://portal.ct.gov/DAS/CTSource/BidBoard

I. STANDARD INVITATION FOR BIDS FOR BID #2026-09

CONL

The Standard Invitation for Bids for BID# 2026-09 CONL are found in the City’s e-Procurement Portal (https://procurement.opengov.com/portal/newlondonct), and it will be assumed that all terms and conditions and specifications in the Standard Invitation for Bids are incorporated here by reference, will be complied with by Proposers, and will be considered as part of the Bid Proposal.

II. RFP COMMUNICATIONS

Bidders shall submit all inquiries regarding this RFP via the City of New London's e-Procurement Portal, located at https://procurement.opengov.com/portal/newlondonct. Please note the deadline for submitting inquiries. All answers to inquiries will be posted on the City of New London's e-Procurement Portal. Bidders may also click “Follow” on this RFP to receive an email notification when answers are posted. It is the responsibility of the Bidder to check the e-Procurement Portal for answers to inquiries.

III. INTRODUCTION

The City of New London, CT (the “City”) seeks proposals from qualified clean energy developers (the “Proposers” or “Bidders”) for a 20 year Power Purchase Agreement (“PPA”) to

(1) develop, own, operate and maintain a solar photovoltaic system at the New London Community Recreation Center (the “CRC System”), 1 Recreation Way, New London, CT 06320 (the “Property”); and as a bid alternate (2) provide Virtual Net Metering (“VNM”) offtake from solar photovoltaic clean energy systems in Eversource territory (the “VNM Systems”) totaling no more than 9 MW-AC that will offset up to 12,000,000 kWh/year of the City’s Beneficial Accounts.

The City and the Selected Bidder will participate in Year 5 of the Non-residential Renewable Energy Solutions program (the “NRES Program”).

Klee Sustainability Advisors LLC (“KSA”) and CSW LLC d/b/a CSW Energy (“CSW”) are administering this RFP on behalf of the City, and are collectively referred to as the RFP Administrators.

IV. KEY RFP DATES

Please refer to the City of New London’s e-Procurement Portal for key RFP dates and updates https://procurement.opengov.com/portal/newlondonct. A summary of key dates is provided in Exhibit J.

V. BID REQUEST OVERVIEW

A. Background and Intent

The City seeks proposals from qualified clean energy developers for a 20 year PPA to develop, own, and operate and maintain the CRC System at the New London Community Recreation Center Property. At the end of the PPA, the developer will be responsible for decommissioning the CRC System. The City will work with the winning Bidder to (1) enter into a binding Option Agreement; and (2) apply for a NRES incentive for the CRC System in the upcoming February/March 2026 bid window.

In addition to the CRC System at the Property, the City also seeks a bid alternate that includes VNM offtake for State, Agricultural, and Municipal (“SAM”) Beneficial Accounts in the NRES program, for up to 12,000,000 kWh of the City’s Eversource Beneficial Accounts, which corresponds to up to 9 MW-AC of VNM Systems in Eversource territory. The City will work with the Selected Bidder to (1) enter into a binding Option Agreement; and (2) apply for a NRES incentive for the VNM Systems in the upcoming February/March 2026 bid window.

The City will evaluate all proposals to select a Proposal that is in the best interests of the City. The City’s decision shall be final, shall not be subject to review or appeal, and may be based on any criteria in the City’s sole discretion, including but not limited to:

(1)The financial benefits to the City from the twenty (20) year PPA for the CRC System at the Community Recreation Center.

(2) If the City chooses a bid alternate with VNM offtake, the financial benefits to the City from a twenty (20) year PPA for VNM offtake for up to 12,000,000 kWh of the City’s Beneficial Accounts, associated with the VNM Systems in Eversource territory.

(3)The strength of the Bidder’s future proposal into the competitive NRES Program, including but not limited to the Bidder’s likely future bid price in the NRES Program;

(4)The financial and operational capabilities of the Bidder to develop the CRC System or VNM Systems, including but not limited to the Bidder’s experience with municipal solar photovoltaic systems, the Connecticut NRES Program, or similar solar programs in other jurisdictions.

Affirmative Action – Equal Opportunity Employer

If the City selects a Proposal for the CRC System, or selects a bid alternate for VNM Systems associated with the City’s 12,000,000 kWh of Beneficial Accounts, or selects both, the City will enter into a binding Option Agreement to demonstrate to the NRES Program that the City supports the Selected Bidder’s application to the NRES Program for clean energy incentives for the CRC System, or the VNM Systems, or for both. The City and the RFP Administrators will work with the Selected Bidder to submit a timely application to the February/March 2026 NRES Year 5 bid window, on or before March 16, 2026.

If the Selected Proposer’s application or applications to the Year 5 NRES Program are successful, the City will enter into a Power Purchase Agreement (“PPA”) or similar long-term contractual arrangement (the “Contract”) with the Selected Bidder for at least a twenty (20) year commitment (running concurrently with the NRES Program incentive), with fixed pricing.

B. Bidder Qualifications

Eligible Bidders will be solar and/or clean energy developers that have the following qualifications:

1. Experience and expertise in regard to providing the types of or similar solar development, design, engineering, procurement, construction, operations/maintenance, and decommissioning services as those outlined in this RFP.

2. A proven track record in providing these types of or similar solar development services for municipal governments.

3. Knowledge of federal, state, and local laws and regulations governing the development of solar photovoltaic arrays.

4. Experience and expertise in regard to seeking approval for development of solar photovoltaic arrays from the CT Siting Council, the CT Department of Energy and Environmental Protection, and/or similar regulatory agencies in other states.

5. Experience and expertise in the NRES Program, or similar clean energy incentive programs in other states.

C.Base Bid and Bid Alternate

The City is seeking proposals from qualified Bidders as outlined in the Table 1 below. At a minimum Bidders must submit a PPA price for the “Base Bid,” CRC System Only, which may consist of rooftop and/or carport solar arrays at the Property. Bidders are also encouraged to submit pricing for “Alternate 1,” which incorporates VNM Offtake for 12,000,000 kWh of the City’s Beneficial Accounts, associated with the Bidders’ proposed VNM Systems in Eversource territory.

Table 1: Bid & Alternate

Bid & Add Alternate Description

Base Bid CRC System Only

Alternate 1 VNM Systems associated with 12,000,000 kWh of Beneficial Accounts

For the Base Bid (CRC System Only) the Bidders shall fill out and submit their pricing using the Microsoft Excel Bid Form included as Exhibit E to this RFP.

For the Alternate 1 (VNM Systems associated with 12,000,000 kWh of Beneficial Accounts) submissions, Bidders shall fill out and submit their pricing using the Microsoft Excel Bid Form included as Exhibit F to this RFP.

The Alternate 1 submission will be considered on a value-add basis. Any consideration for the RFP award of Alternate 1 may occur after the RFP award for the Base Bid and also may be awarded to a separate Bidder at the sole discretion of the City.

VI. SCOPE OF SERVICES AND DELIVERABLES

The general scope of services for this RFP is for a qualified solar contractor to design, engineer, construct, operate, and maintain the CRC System at the Community Recreation Center, and as a bid-alternate, design, engineer, construct, operate, and maintain VNM Systems in Eversource territory, which will participate in the NRES Program, with VNM for SAM properties, administered by Eversource. The CRC System and/or VNM Systems will provide financial benefit to the City through a PPA or other similar contractual relationship.

The following sections of this RFP provides information on (A) construction requirements for the CRC System and/or the VNM Systems; (B) NRES Program requirements and the City’s available beneficial accounts; and (C) insurance requirements.

A. Construction Requirements

1. Community Recreation Center Site Information

A summary of the site-specific information for the Property is shown in Table 2 below. A satellite image of the Property site is in Figure 1 below.

Table 2: Summary of Property Site Information

Property Site Name

Program Participation

Property Site Type

Property Address

Community Recreation

Center

NRES Year 5 Buy-all-sell-all or netting tariff Municipal building

1 Recreation Way, New London, CT 06320 (Parcel ID G15-68-3-B)

Figure 1: Aerial Image of New London Community Recreation Center

Note: This satellite image of the Community Recreation Center is from spring 2025, before the site opened to the public in the summer of 2025.

2. Site Plan and Imagery

A site plan has been developed and included as Exhibit G.1 that identifies the relevant site details. Specifically, the site plan identifies the location of the existing electrical service equipment, the utility meter, utility transformer, and usable roof areas.

3. Electricity Usage

Table 3 below provides a summary of the electric usage and utility charges at the Property. Bidders shall take this information into consideration with sizing the Project and developing a Bid submission. Bidders can assume that the Property’s electric usage will not be a limiting factor when sizing the System, according to the NRES rules. The effective utility rate is based on the typical competitive supply rates for the City facilities.

Table 3: Electricity usage at New London Community Recreation Center

Rate Class

Annual Usage (kWh)

Effective Utility Rate

($/kWh)

950,000

(approximate) $0.12374

4. Existing Electrical Equipment

Exhibit G.2 contains the site plan and riser diagram for the electrical equipment at the Community Recreation Center. The diagrams provide information regarding the main switchgear, spare conduits, backup generator, and the associated automatic transfer switches.

(a) Existing Electrical Service

Table 4 below identifies the specifications of the existing electrical service equipment which will serve as the point of interconnection for the Project. There are existing spaces and spare breakers that could potentially be used for solar PV tie-in.

Table 4: Electrical Service Specifications

Service Voltage

Switchgear Amperage

208Y/120V 2000

(b) Emergency Back-Up Generator

The Property has no emergency backup generator on-site.

5. Roof Specifications

The roof at the Property consists of a TPO membrane. A copy of the roof membrane data sheet will be shared when available. The installation of mechanical attachments to the roof, if necessary, shall be installed by the holder of the workmanship warranty. Contact information of the roofing contractor, and copies of any relevant warranty documents will be provided to the Selected Bidder.

6. CRC System size

In order to develop a size for the CRC System, the Bidders shall consider the available roof space and parking lot space (for solar canopies), the Site’s annual usage, existing electrical system, production modeling and structural capacity.

Due to its size and location, the CRC System will be exempt from local property taxes according to Public Act 25-173.

7. Engineering & Construction

For both the CRC System and/or VNM Systems, Proposals must include a preliminary site plan that identifies the portion of the Property or VNM parcel that will be used for the installation of the CRC System and/or VNM Systems. The site plan should include the make/model, wattage and quantity for both inverters and modules, racking product, azimuth, tilt, system size in kilowatts-AC (kW AC) and kilowatts-DC (kW DC), and the annual production in kilowatt-hours-AC (kWh). All proposed solar modules, racking systems, inverters, monitoring and other equipment must be Tier 1 and UL Listed.

For both the CRC System and/or VNM Systems, the Selected Bidder shall develop fully engineered solar systems that are in compliance with all applicable building and electrical codes, zoning regulations, industry best practices and utility interconnection requirements. All construction documents must be signed and sealed by professional engineers registered with the State of Connecticut.

For both the CRC System and/or VNM Systems, the Selected Bidder must furnish complete and operational solar systems. This includes supplying all equipment, materials, and labor. All work shall be performed by tradespeople holding adequate licensing.

For the CRC System, the Selected Bidder is responsible for establishing a staging area, coordinating material delivery, storage and site security. The final staging area must be approved by the City prior to mobilization. The Selected Bidder shall review and seek approval from the City for the location of any equipment to be mounted inside or on the building exterior with the City prior to start of work.

8. Carport Design & Construction Considerations

For the CRC System, equipment such as inverters and disconnects within the carport area shall be mounted at heights to discourage and prevent tampering and vandalism. Any electrical equipment mounted on the ground level within the parking area such as combiner panelboards, switchgear, transformers, etc. shall be fenced. A snow rail shall be provided and installed on the lower edge of the carport structure in order to mitigate shedding of snow and ice from the carport. The carports shall be standard galvanized steel, painting and/or powder coating is not a requirement.

A geotechnical analysis shall be performed as necessary to determine existing subsurface conditions during the design of the carport structure. It is the responsibility of the selected Bidder to perform “Call Before You Dig” and conduct an underground survey to identify any and all existing utilities. The locations of such utilities shall be reflected on the design and must be taken into consideration when locating the carport foundations, trench routes and any other Site work activities.

The Selected Bidder shall return the site to original conditions. This includes repair of asphalt, concrete and grass areas. Re-striping of parking shall be performed as needed.

9. Site Lighting

For the CRC System, any existing site lighting that will interfere with the proposed locations of the solar carport structures shall be demolished. This includes the removal of the fixture, post, lamps, above ground portions of the concrete footings, conduit and conductors.

Existing underground conduits shall be abandoned in place or utilized for new under canopy lighting. Existing site lighting fixtures, posts and lamps shall be turned over to the Site representative. If the site representative determines the existing fixtures are not needed then it is the responsibility of the Selected Bidder to properly dispose of the equipment.

The Selected Bidder is responsible for providing and installing new under canopy site lighting where necessary to replace demolished existing site lighting or where necessary to achieve code required lumen levels for parking areas. New under canopy site lighting must be LED, rated for outdoor conditions, and shall be connected to the existing lighting control circuit of the facility. The proposed new under canopy fixture shall be approved by the Site representative prior to installation. A site lighting plan must be included in the Selected Bidders final design that shows the achieved lumen levels within the parking area.

10.Carport Height & Clearances

For the CRC System, all carport structures shall have a minimum height clearance of 10 feet. A placard shall be adhered at either end and in the center of each carport row which identifies the clearance height.

11.Permits

For both the CRC System and/or VNM Systems, the Selected Bidder is responsible for acquiring all necessary permits from governing agencies, including but not limited to coordination or approvals from PURA, Eversource, the CT Siting Council, and CT DEEP.

For both the CRC System and/or VNM Systems, the Selected Bidder is responsible for the payment of associated permit fees. However, the City has waived fees for the municipal building and electrical permits for the CRC System.

12.Structural analysis

For the CRC System, the Selected Bidder must perform a structural analysis to determine the allowable excess load capacity for installation of the CRC System. The structural analysis shall be used to develop a fully engineered racking design for mounting of the solar modules. If the Selected Bidder chooses to hire the Structural Engineer who worked on the construction of this building, contact information will be provided after the project is awarded.

The lead-in racking product shall be a ballasted system for low slope roofs. When and where necessary mechanical attachments can be used. The racking layout shall hold adequate working clearances around existing rooftop units, drains, hatchways, and vent stacks.

13.Production monitoring

For the CRC System, the monitoring system shall be connected to the building’s existing server for internet access. At a minimum the monitoring system must allow for remote performance monitoring of the System’s Real Power (kW), Energy (kWh), Voltage (V), Amperage (A) and Power Factor. It must also include a weather station that monitors irradiance, ambient and cell temperatures. The CRC System’s remote performance monitoring data shall be available to the public through a URL provided by the Selected Bidder.

For the CRC System, a flat panel (minimum size of 42”) display connected to the production monitoring system shall be installed at the Property. The Selected Bidder is responsible for providing the display, mounting device, power and internet feeds. Exact location for mounting shall be identified by facility personnel. The Selected Bidder shall give a demonstration to facility personnel explaining the depicted monitoring information, and grant access to historical production data for educational purposes.

14.Roof Staging, Protection, and Overburden Waiver

For the CRC System, if the Selected Bidder chooses to load and stage materials on the roof during construction they must engage with a structural engineer to prepare a loading plan.

Such a plan must identify acceptable locations for staging materials, the allowable weight and setback requirements between staging areas.

For the CRC System, slip sheets or a sacrificial layer of roof membrane must be installed under any and all points of contact with the existing roof and the solar equipment. This includes but is not limited to racking components, conduit support blocks and inverters. The slip sheet must meet the specification of the roofing membrane i.e. manufacturer, membrane type, thickness.

For the CRC System, it is the responsibility of the Selected Bidder to perform work in such a manner to insure the roof warranty and/or the roofing contractor’s workmanship warranty is not impacted. In addition, the Selected Bidder is responsible for securing an overburden waiver from the roofing manufacturer. This includes any required inspections, fees, documentation, and coordination with the roofing manufacturer and the roofing contractor.

15.Site cleanup

For the CRC System, a dumpster must remain on Site during the duration of the project.

Upon completion of the Project the dumpster and all other remnants of construction shall be removed from the Property. At the end of each workday the Property must be left clean, tidy and secure. Materials shall be stored in such a manner that they are protected from damage. The roof shall be cleaned of debris at the end of each workday. Special attention should be paid to removing items such as screws, nails and other hardware which could damage the roof membrane.

16.Commissioning and Project Closeout

For both the CRC System and/or VNM Systems, the Selected Bidder is solely responsible for commissioning of the project to confirm installation is in accordance with construction documents and compliant with all applicable building codes. The Selected Bidder shall review commissioning procedures and associated schedules with the City.

For both the CRC System and/or VNM Systems, upon completion of commissioning the Selected Bidder shall submit a commissioning report that includes testing results, As-Built PDFs, product data sheets, access to the data acquisition system platform, manuals, product warranties, and final approvals from relevant agencies and authorities having jurisdiction.

For both the CRC System and/or VNM Systems, the Project is not considered commissioned until the City and Project Team have collectively agreed and signed off.

17.Utility coordination, approval to energize, registration

For both the CRC System and/or VNM Systems, the Selected Bidder is solely responsible for all Utility coordination, testing requirements and associated fees necessary to achieve approval to energize and an executed interconnection agreement. The Selected Bidder is responsible for meeting all of the Program requirements for receiving the NRES tariff. Any coordination or corrective actions that need to be taken with the Utility is the responsibility of the Selected Bidder.

For both the CRC System and/or VNM Systems, the Selected Bidder is solely responsible for ensuring that the CRC System and/or the VNM Systems are receiving NRES Program credits following receipt of the approval to energize from the Utility, and at least annually thereafter. When applicable, this includes but is not limited to reviewing utility bills with the City to demonstrate how the NRES Program credits are applied and shown on the Community Recreation Center electric bills and/or the electric bills of the City’s Beneficial Accounts. Any coordination or corrective actions that need to be taken with the Utility is the responsibility of the Selected Proposer.

18.Operations and Maintenance

For both the CRC System and/or VNM Systems, the Selected Bidder is responsible for operations and maintenance for the entirety of the PPA. This shall include full time monitoring of the system, reporting, diagnostic, troubleshooting, equipment replacement, and associated materials and labor necessary for the system to meet the expected production values. An annual preventative maintenance visit shall be performed to inspect the mechanical and electrical components of the CRC System.

19.Decommissioning, Equipment Removal & Site Restoration

For the CRC System, the Selected Bidder is responsible for the decommissioning of the CRC System within one (1) year of the end of the contractual relationship between the Selected Bidder and the City. This shall include, among other things, the removal of the entirety of the

System, including but not limited to the modules, racking, ballast blocks, inverters, conduit, and associated electrical equipment. All equipment shall be properly recycled and/or disposed of by the Selected Bidder. The Selected Bidder shall restore the Project area to its original condition, using similar materials and construction, and all such work shall be performed to the complete satisfaction of the City, reasonable wear and tear which does not affect the integrity of the roof excepted.

For the VNM Systems, the Selected Bidder is solely responsible for the decommissioning of the VNM Systems after the end of the contractual relationship between the Selected Bidder and the City. This decommissioning shall include, among other things, the removal of the entirety of the VNM Systems, including but not limited to the modules, racking, ballast blocks, inverters, conduit, and associated electrical equipment. All equipment shall be properly recycled and/or disposed of by the Selected Bidder. The Selected Bidder is solely responsible for any site restoration of the property upon which the VNM Systems are located.

20.Pre-construction Meeting

For both the CRC System and/or VNM Systems, the Selected Bidder shall schedule a Pre-Construction meeting with the City, the Project Managers, and all other interested parties to review the project and scope of work. The Pre-Construction meeting will be scheduled after the project’s selection in the competitive NRES Program, and prior to the start of any work on constructing the CRC System and/or the VNM Systems. The Pre-Construction meeting will at a minimum review the scope of work and project schedule, and the points of contact during the construction phase of the CRC System and/or the VNM Systems.

B. NRES Program Requirements

The CRC System and/or VNM Systems proposed under this RFP will participate in the NRES Program and should adhere to the following requirements.

1. System size

According to the NRES Program requirements, each individual system size must be no greater than 5 MW-AC. See Public Act 22-14; Conn. Gen. Stat § 16-244z. See generally PURA Docket 25-08-03 (establishing the NRES Year 5 Program requirements).

2. NRES & VNM Program participation

For the CRC System, Proposers should submit a proposal that will participate in either the netting tariff or the Buy-All-Sell-All tariff under the NRES Program.

For the VNM Systems, the Proposers will participate in the Buy-All-Sell-All tariff under the VNM program for SAM properties.

For both the CRC System and the VNM Systems, Proposers must describe in the narrative portion of their Proposal how the solar arrays and their site location complies with the currently-in-effect Year 5 NRES Program rules and Section 25 of Public Act 23- 102, signed into law on June 29, 2023, and effective October 1, 2023.

3. Identification of City Beneficial Accounts

For the VNM Systems, the City has identified Beneficial Accounts totaling approximately 12,000,000 kWh in annual electric load. The City estimates that its identified Beneficial Accounts represent sufficient solar production to pair with a Proposer’s System or Systems sized up to 9 MW-AC in total, based on the NRES Program System Size requirements in Part

4.2.1 of the NRES Program Manual for Year 5, and Footnote 8 which states in relevant part:

NRES Program Year 5 Program Manual, fn.8 at page 17. According to Footnote 8 of the NRES Program Manual for Year 4, a 9 MW-AC of solar arrays (e.g., one 5 MW-AC array and one 4 MW-AC array) would have an expected annual production of 11,826,000 kWh/year.

C. Insurance

The successful Bidder will be required to furnish and maintain professional liability insurance coverage, as well as Comprehensive General Liability coverage, at limits that will be satisfactory to the City, as outlined in the Standard Invitation for Bids for BID# 2026-09 CONL, as found in the City’s e-Procurement Portal at https://procurement.opengov.com/portal/newlondonct.

A certificate of insurance must be provided and approved prior to the commencement of any work, and must indicate that the City is named as additional insured for both lines of coverage. The insurance coverage must be provided by companies licensed in the State of Connecticut with an AM Best rating of A or better.

VII. OPTION AGREEMENT & LONG-TERM CONTRACT

A. Binding Option Agreement

If the City selects a Proposal with a Base Bid for the CRC System, or a Bid Alternate for the VNM Systems, or both, the City would enter into a binding Option Agreement (“Option

Affirmative Action – Equal Opportunity Employer

Agreement”) in support of the Selected Bidder’s application to the Year 5 February/March 2026 bid round of the NRES Program. A model Option Agreement is found in Exhibit I to this RFP.

The terms and conditions in this Option Agreement in Exhibit I are non-negotiable.

The Option Agreement will support the Selected Bidder’s application to the NRES Program by establishing that the Selected Bidder has the right to develop the CRC System on the City’s Community Recreation Center and/or establish that the Selected Bidder has the right to associate the City’s Beneficial Accounts representing up to 12,000,000 kWh of electric load with the VNM Systems, according to the NRES Program rules and requirements. See generally PURA Docket 25-08-03 (establishing the NRES Year 5 Program requirements).

As shown in the Option Agreement in Exhibit I, the Selected Proposer will pay two-thousand five hundred dollars ($2,500) to the City promptly after signing the Option Agreement.

If the Selected Bidder successfully participates in the competitive February/March 2026 NRES Program Year 5 bid round, the City and the Selected Bidder will secure a Tariff Terms Agreement with Eversource for the CRC System, VNM Systems, or both. Once a Tariff Terms Agreement is secured, the Selected Bidder and the City will proceed to finalize the long-term contract described in Section VII.B.

B. Long-term Contract: PPA Overview

If and when the Selected Bidder has entered into the Tariff Terms Agreement with Eversource, the Selected Bidder and the City will enter into a PPA or similar contractual arrangement (the “Contract”) with the Selected Proposer for at least a twenty (20) year commitment (running concurrently with the NRES Program incentive), with fixed pricing. The PPA may be extended five (5) years up to two (2) times, by mutual agreement of the parties.

Proposers are instructed to submit a draft/proposed Contract as part of their Proposal.

This draft/proposed Contract must include the following terms:

1. Obligations of the City.

With respect to the Selected Bidder’s VNM Systems, the Contract will require the City to identify, and periodically update as needed, a list of Beneficial Accounts to participate in the NRES VNM Program for SAM customers for twenty years, according to the rules and terms of the NRES Program.

2. Obligations of the Selected Bidder.

The Contract will require the Selected Bidder to provide financial benefit to the City, as compensation for the City providing access to its valuable beneficial electric accounts to the Selected Bidder.

With respect to the System at the Community Recreation Center, the Selected Bidder may propose a benefit payment structure in their draft/proposed Contract, which may include but is not limited to: (1) payments of a portion of the NRES Program incentive (whether netting tariff or the buy-all-sell-all tariff) on the Community Recreation Center electric account over twenty (20) years, (2) periodic direct payments (e.g., monthly, quarterly, annually) from the Selected Bidder to the City over twenty (20) years, and/or (3) a lump sum up front payment from the Selected Bidder to the City. With respect to the VNM Systems, the Selected Bidder may propose a benefit payment structure in their draft/proposed Contract, which may include but is not limited to: (1) payments of a portion of the NRES Program incentive on the City’s Beneficial Accounts over twenty (20) years, (2) periodic direct payments (e.g., monthly, quarterly, annually) from the Selected Bidder to the City over twenty (20) years, and/or (3) a lump sum up front payment from the Selected Bidder to the City.

3. Mandatory Contractual Provisions.

The draft/proposed Contract submitted by the Bidder will include the following mandatory City contractual provisions, which are not subject to negotiation or alteration:

Indemnification.

(a) The [Clean Energy Developer] shall indemnify, defend, and hold harmless the City, their respective agents, officials and employees from and against all claims, suits, damages, losses, judgments, costs and expenses, including attorney's fees, arising out of or resulting from the development, operation, maintenance, and/or decommissioning of the clean energy System, provided that any such claims, suits, damages, losses, judgments, costs or expenses (i) are attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property, including the loss of use resulting therefrom, (ii) are alleged to be caused in whole or in part by any willful, intentional, negligent, or reckless act or omission of the [Clean Energy Developer], its employees, any subcontractor or consultant, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder; (iii) enforcement action or any claim for breach of the [Clean Energy Developer]’s duties hereunder; or (iv) claim for intangible loss(es) including but not limited to business losses, lost profits or revenue, regardless of whether or not it is caused in part by a party indemnified hereunder.

(b) In the event this Agreement and/or the [Clean Energy Developer]’s, or its subcontractor, work and services provisioned hereunder is/are subject to the provisions of any Federal or State statute or regulations, or the City Charter or City Ordinance, the [Clean Energy Developer] shall indemnify, defend and hold harmless the City, their respective agents, officials and employees from any fine, penalty or other amounts imposed on the City under said statutes, regulations, Charter or Ordinances, if caused by [Clean Energy Developer], or its subcontractor, omission or commission.

(c) In any and all claims against the City or any of its boards, agents, employees or officers by any employee of the [Clean Energy Developer], any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation under Sections __(a) and __(b) shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the [Clean Energy Developer] or any subcontractor under Worker's Compensation Acts, disability benefit acts or other employee benefit acts.

(d) [Clean Energy Developer] expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the [Clean Energy Developer], shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City and the City’s boards, agents, employees or officers as provided herein.

Miscellaneous.

(a) This Agreement shall be governed in accordance with the laws of the State of Connecticut, without regard to its conflicts of laws provisions.

(b) This Agreement may not be modified except in writing signed by both the City and [Clean Energy Developer]. Any modification of this Agreement or additional obligation assumed by either the City or [Clean Energy Developer] in connection with this Agreement shall be binding only if evidenced in a writing signed by the City and the [Clean Energy Developer] or an authorized representative of the City or the [Clean Energy Developer].

(c) The failure of the City or [Clean Energy Developer] to insist upon the performance of any of the terms and conditions of this Agreement or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as thereafter waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred.

(d) This Agreement is conditioned upon the approval of all required boards and/or commissions of the City.

VIII. PROPOSAL SUBMISSION REQUIREMENTS

Submit Electronic Responses via the City of New London's e-Procurement Portal https://procurement.opengov.com/portal/newlondonct.

Proposals received after the submission date will not be considered.

Bidders must include full, accurate, and complete information in their Proposal responses. Proposals may include any additional information that demonstrates the Bidder’s qualifications and ability to develop, construct, own, and operate a viable solar photovoltaic project. At a minimum, Proposals must include the following information and documents, be

Affirmative Action – Equal Opportunity Employer clear and unambiguous, and be formatted into the sections listed below. At the City’s discretion, failure to include the information listed below could result in disqualification.

A. Checklist, Initial Disclosures & Initial Forms

Each Bidder shall submit a completed Checklist and Initial Disclosures Form that is attached to this RFP in Exhibit A. Each Bidder shall also submit a Statement of Bidder’s Qualifications, Affirmative Action Policy Statement (on the Bidder’s letterhead), Certification of Bidder Regarding Equal Employment Opportunity, and Certification of Non-Segregated Facilities, which are also attached to this RFP as part of Exhibit A.

B. Non-Collusion Certificate

Each Bidder shall submit a completed Non-Collusion Certificate for the Prime Bidder and/or Subcontractor (as applicable), that is attached to this RFP in Exhibit B.

C.Hold Harmless Agreement

Each Bidder shall submit a completed Bidder’s Hold Harmless Agreement that is attached to this RFP in Exhibit C.

D.RFP Fee Agreement

Each Bidder must sign the RFP Fee Agreement Form in Exhibit D to be eligible for consideration under this RFP. The RFP Fee represents a price per Watt-DC for each Watt of installed capacity of the System. The RFP Fee is shown in Table 5 below.

Table 5: RFP Fees

RFP Administrator Solar Fee ($/Watt-DC)

VNM Fee ($/Watt-DC)

CSW Energy (technical services) $0.06 $0.06

Klee Sustainability Advisors LLC (legal services)

$0.02 $0.02

The RFP Fee compensates CSW Energy for its considerable time and resources for their technical services, and compensates Klee Sustainability Advisors for its considerable time and resources for legal services, in assisting the City with this RFP.

The RFP Fee payment schedule is as follows:

● 10% within ten (10) days of the execution of the Option Agreement between the Selected Bidder and the City;

● 40% within ten (10) days of the commencement of construction of the System;

and

● 50% within ten (10) days of receiving Permission to Operate from Eversource.

FAILURE TO SIGN THE RFP FEE AGREEMENT AND/OR PAY THE RFP FEE IN A

TIMELY MANNER SHALL DISQUALIFY THE SELECTED BIDDER FROM THE RFP AND/OR

CONSTITUTE AN EVENT OF DEFAULT UNDER THE OPTION TO LEASE AGREEMENT,

GROUND LEASE AGREEMENT, AND/OR POWER PURCHASE AGREEMENT. In addition, Bidder agrees that the RFP Fee Agreement is non-negotiable, and if Bidder amends the RFP Fee Agreement in any way, or if Bidder fails to include the signed RFP Fee Agreement with its Proposal response to the RFP, Bidder will automatically be disqualified from this RFP.

E. Project & Bid Details

Each Bidder shall submit a completed Project Details Form and Bid Details Form in Microsoft Excel format that is found in Exhibit E (Base Bid) and Exhibit F (Bid Alternate 1).

These forms shall be submitted with the proposal and shall not be emailed prior to the proposal due date.

F. Site Plan and Production

For the CRC System, in addition to answering the questions on equipment specifications in Exhibit E, proposals must include a preliminary site plan for the Base Bid that identifies the portion of the Property that will be used for the installation of the solar photovoltaic system, which can include both the rooftop and solar carports over the parking lot. The site plan should include the make/model, wattage and quantity for both inverters and modules, racking product, azimuth, tilt, system size in kilowatts-Alternating Current (kW AC) and kilowatts-Direct Current (kW DC), and the annual production in kilowatt-hours-AC (kWh). The Bidder shall submit a production report from an industry standard software such as Helioscope or PVSyst. All proposed solar modules, racking systems, inverters, monitoring and other equipment must be Tier 1 and UL Listed. Proposals must also include a brief narrative description of the CRC System in which the Bidder can describe any ancillary benefits to the City from the CRC System including but not limited to local electric system reliability or resilience upgrades, or local clean energy workforce development benefits.

For the VNM Systems, in addition to answering the questions on equipment specifications in Exhibit F, proposals must include a preliminary site plan for the Bid Alternate that identifies the property or properties that will be used for the installation of the solar photovoltaic system(s). The site plan should include the make/model, wattage and quantity for both inverters and modules, racking product, azimuth, tilt, system size in kilowatts-Alternating Current (kW AC) and kilowatts-Direct Current (kW DC), and the annual production in kilowatt-hours-AC (kWh). The Bidder shall submit a production report from an industry standard software such as Helioscope or PVSyst. All proposed solar modules, racking systems, inverters, monitoring and other equipment must be Tier 1 and UL Listed. Proposals must also include a brief narrative description of the VNM Systems in which the Bidder can describe any ancillary benefits to the City from the VNM Systems, including but not limited to local electric system reliability or resilience upgrades, integration of agricultural activities with the system (e.g., agro-voltaics), or local clean energy workforce development benefits.

For both the CRC System and the VNM Systems, in that brief narrative description of the solar system(s), Bidders must also describe how the System(s) and its site location complies with the currently-in-effect Year 5 NRES Program rules and Section 25 of Public Act 23-102, signed into law on June 29, 2023, and effective October 1, 2023.

For both the CRC System and the VNM Systems, Bidders shall include a clear explanation of the Federal Investment Tax Credit (ITC) treatment assumed in their proposal.

This shall include identification of the baseline ITC percentage and any ITC adders under the Inflation Reduction Act (IRA) that are assumed to apply, including the basis for eligibility, key assumptions, and any conditions required to qualify for such adders.

Bidders shall also describe whether the proposed CRC System and/or the VNM Systems are intended to qualify for the Domestic Content ITC adder, including a summary of the Bidder’s domestic content strategy, the major equipment categories assumed to be domestically manufactured, and the Bidder’s approach to documenting and certifying compliance with applicable domestic content requirements.

In addition, Bidders shall address the Foreign Entity of Concern (FEOC) requirements applicable to the CRC System and/or the VNM Systems, including the Bidder’s assessment of potential FEOC exposure within the proposed supply chain, the strategy for ensuring compliance, and any risk mitigation or contingency measures proposed if assumed equipment or suppliers are later determined to be non-compliant.

Bidders shall clearly identify any material assumptions related to ITC eligibility, Domestic Content, or FEOC compliance that affect pricing.

G.Project Delivery and Schedule

For both the CRC System and the VNM Systems, the Bidder shall provide a brief description of their approach to project delivery, including an overview of the project implementation process. The Proposal must provide project schedules that include major work streams and milestones. The format should be a list of project activities with start and end dates.

The Bidder should also identify the nature and scope of the services that would be generally required of the City in undertaking these projects.

H.Description of Bidder Qualifications

Proposals must include a company overview and relevant company experience. The company overview shall include at a minimum the number of employees, office locations, and an outline of operational assets showing project quantity and aggregate system sizes by system type. The company overview should include key personnel who will be assigned to the project and describe their respective experiences and skills with the development, engineering, successful petitioning with the Connecticut Siting Council and installation of municipal solar photovoltaic projects.

I. References

Proposals must include the name, phone and email contact for at least three references with similar or relevant municipal solar photovoltaic projects.

J. Statement on Bidder’s Financial Strength

Proposals must include sufficient and current information indicating the Bidder's financial strength, including balance sheet, working capital and liquid assets sufficient to complete the Project successfully.

K. Proposed Power Purchase Agreement

As described in Part VII.B above, Bidders must submit a proposed PPA. Exhibit H contains the City of New London’s standard contracting language, for reference. Portions of this language, as relevant, may be incorporated into the eventual PPA between the Selected Bidder and the City.

L. Supplemental Information

The Bidder shall provide supplemental information relevant to its Proposal response, including resumes, references, proposed site plans, product data sheets, project schedules, production models, historical project production data, sample production reports, and photos of relevant projects.

IX. PROPOSAL REVIEW PROCESS

A. Question and Answer Period

If any Bidder contemplating submitting a…