1-Forms to be Submitted with Bid.pdf

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BID BOND

KNOW ALL MEN BY THESE PRESENTS that we, (hereinafter called the “Principal”) as Principal, and a corporation authorized to transact business in Pennsylvania, and having its principal office at

(hereinafter called the “Surety”) as surety, are held and firmly bound unto

(hereinafter called the “Obligee”) as Obligee, in the sum of

DOLLARS ($ ),

lawful money of the United States of America; for the payment of which we bind ourselves, and each of our respective heirs, legal representatives, successors, and assigns, jointly and severally, by these presents, on this day of , 20 .

WITNESSETH THAT:

WHEREAS, said principal is herewith submitting to the Obligee a proposal to perform the contract work for the Obligee’s, proposed pursuant to plans, specifications and other Contract Documents incorporated into said proposal by reference; and it is a condition of the Obligee’s receipt and consideration of said proposal that the proposal be accompanied by bid security to be held by the Obligee on terms embodied herein.

THEREFORE, the condition of this obligation is that if said principal shall furnish a performance bond, payment bond, and insurance certificates to the Obligee upon the Obligee’s delivery to the principal of fifteen days notice of intention to accept his proposal and to make a formal award of contract to him, and shall enter into such contract in all respects as required by said Contract Documents, then this obligation shall be void; but otherwise it shall remain in full force, and the principal and surety will pay to the Obligee the difference between the amount of the Principal’s accepted bid(s) and any higher amount for which the

Obligee may contract for the required work, plus any advertising, architect’s, legal and other expenses

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incurred by the Obligee by reason of the default; provided, however, that the obligations of the Surety hereunder shall not exceed the amount of this bond together with the interest.

IN WITNESS WHEREOF, the Principal and Surety, intending to be legally bound, have executed this bond the day and year aforementioned.

(Individual Principal)

(SEAL)

Witness: (Signature of Individual)

Trading and doing business as

(Partnership Principal)

(SEAL)

(Name of Partnership)

Witness:

By:

(SEAL) (Partner)

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(Corporation Principal)

(Name of Corporation)

ATTEST:

Title or (if appropriate)

*By:

(Authorized Representative)

Witness or Attest:

*Attach appropriate proof, dated as of the same date as the Bond, evidencing authority to execute in behalf of the Corporation.

(Corporation Surety)

Witness or Attest:

**By:

Title

(CORPORATE SEAL)

**Attach an appropriate power of attorney, dated as of the same date as the Bond, evidencing the authority of the Attorney-In-Fact to act in behalf of the Corporation.

N:\Admins\2-Project Execution\Specifications\Bid Bond (complete).docx

NON-COLLUSION AFFIDAVIT

OF PRIME BIDDER

State of:

SS:

County of:

Before me personally appeared the undersigned , who, on oath says that he/she has submitted to the a bid and offer to do the following work under contract as set-up in the plans and specifications attached hereto.

a. By submission of this bid, each bidder and each person signing on behalf of any bidder, certifies, and in the ease of a joint bid, each party thereto certifies as to its own organization under penalty of perjury, that, to the best of his knowledge and belief;

1. The prices in this bid have been arrived at independently, without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competition;

2. Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder, and will not be knowingly disclosed by the bidder prior to the opening, directly or indirectly, to any other bidder or to any competitor; and

3. No attempt has been made or will be made by the bidder to induce any other person, partnership or corporation, to submit or not to submit a bid for the purposes of restricting competition.

Signed:

Title:

Sworn to and subscribed before me the undersigned notary public this day of , _______.

(Seal)

Notary Public

My Commission Expires:

N:\Admins\2-Project Execution\Specifications\Non-Collusion Affidavit of Prime Bidder.docx

Street Address 2

City State Zip Code

Doing Business As:

(if different from Legal Name)

Commonwealth of Pennsylvania Public Works Employment Verification Form

Complete and return the form to the contracting Public Body prior to the award of the contract.

Company Legal Name: ___________________________________________________________

Mailing Address: ______________________________________________________

Check one: Contractor Subcontractor

Contracting Public Body: _________________________________________________________

Contract/Project Number: ________________________________________________________

Project Description: _____________________________________________________________

Project Location: _______________________________________________________________

Date Enrolled in E-Verify (MM/DD/YYYY): ___________________________________________ As a contractor/subcontractor for the above referenced public works contract, I hereby affirm that as of today’s date, __________________________, our company is in compliance with the Public Works Employment Verification Act (‘the Act’) through utilization of the federal E-Verify Program (EVP) operated by the United States Department of Homeland Security. To the best of my/our knowledge, all employees hired are authorized to work in the United States.

It is also agreed to that all public works contractors/subcontractors will utilize the federal EVP to verify the employment eligibility of each new hire within five (5) business days of the employee start date throughout the duration of the public works contract. Documentation confirming the use of the federal EVP upon each new hire shall be maintained in the event of an investigation or audit.

I,____________________________________________, authorized representative of the company above, attest that the information contained in this verification form is true and correct and understand that the submission of false or misleading information in connection with the above verification shall be subject to sanctions provided by law.

Authorized Representative Signature Date of Signature

Printed Name: _________________________________________________________________

Phone Number: ______________________ Email: ____________________________________

Street Address 1

38 N. Duke Street • York, PA 17401 • 717.846.4805 50 W. Middle Street • Gettysburg, PA 17325 • 717.337.3021 322 N. Arch Street, Floor 3 • Lancaster, PA 17603 • 717.481.2991 CSDavidson.com

Project Summary Narrative

The Contractor shall ensure that, at a minimum, the following information is provided as part of the proposal:

A. Timeline Projections/Estimates:

1. The Contractor shall provide a summary that details the proposed timeline, including finalizing the design, permitting efforts, equipment lead times, construction schedule, and inspections.

B. General System Information:

1. Design Layout – Rendering/illustration of the proposed layout of PV panels and inverters on the property, consistent with the exhibits provided. Further detailed design will be required once the project is awarded.

2. Equipment – Quantity, brand, model number, and wattage of the proposed components, including PV panels, inverters, racking, etc.

3. System size – Proposed PV system(s) with DC capacity in kW and estimated annual energy production under standard test conditions.

4. Manufacturer’s warranty for proposed equipment.

5. Warranty for installation and other labor for the installation of the equipment.

6. Points of connection to the existing electrical system and any required upgrades.

7. Operation and Maintenance terms and costs.

C. Financial Information:

1. Solar PV System Cost – upfront cost of the system, assuming the Authority is purchasing outright with no financing. This cost should exclude financing, credits, rebates, etc.

2. First Year Savings – Including available tax credit(s), solar renewable energy credits (SRECs), electrical bill savings, etc.

3. Lifespan Savings – Assume a 30-year cash flow estimate, and provide an annual savings estimate, using a 4% annual utility escalator, analysis period of 30 years, degradation rate of 0.5%/year,

4. Solar Renewable Energy Credits (SRECs) through at least Year 10.

5. Provide all financial metric assumptions, including utility escalator, federal tax rate, state tax rates, etc.

K:\132910005\Contract Administration\Specs\Small Spec Book\Summary of Key Information Worksheet.docx

Summary of Key Information

Required Information Description Bidder Proposal

System Size (DC) Provide the DC system size in kW.

Year 1 Production (kWh) Year 1 Production in kWh.

Upfront Cost of System (Estimate)

Provide the upfront cost of the system, excluding financing, credits, rebates, etc.

Manufacturer Warranty Period for Inverters

(Years)

Provide the manufacturer’s warranty period for full replacement of inverters.

Manufacturer Warranty Period for PV Modules

(Years)

Provide the manufacturer’s warranty period for full replacement of PV Modules.

Manufacturer Warranty Period for Racking (Years)

Provide the manufacturer’s warranty period for full replacement of racking.

Workmanship/Installation Warranty Period (Years) Provide the workmanship/installation warranty period.

Treatment Plant Solar Project Engineer’s Project No. 1329.1.00.05

Specifications and Contract Documents Eastern York County Sewer Authority, York County, PA

EJCDC® C-522, Contract for Construction of a Small Project.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the controlling Laws and Regulations.

CONTRACT FOR CONSTRUCTION OF A SMALL PROJECT

Prepared By

Endorsed By

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

Copyright© 2018

National Society of Professional Engineers

1420 King Street, Alexandria, VA 22314-2794

(703) 684-2882 www.nspe.org

American Council of Engineering Companies

1015 15th Street N.W., Washington, DC 20005

(202) 347-7474 www.acec.org

American Society of Civil Engineers

1801 Alexander Bell Drive, Reston, VA 20191-4400

(800) 548-2723 www.asce.org

The copyright for this EJCDC document is owned jointly by the three sponsoring organizations listed above. The National Society of Professional Engineers is the Copyright Administrator for the EJCDC documents; please direct all inquiries regarding EJCDC copyrights to NSPE.

NOTE: EJCDC publications may be purchased at www.ejcdc.org, or from any of the sponsoring organizations above.

http://www.ejcdc.org/

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

CONTRACT FOR CONSTRUCTION OF A SMALL PROJECT

This Contract is by and between Eastern York County Sewer Authority (Owner) and

____________________ (Contractor). Owner and Contractor hereby agree as follows:

ARTICLE 1—THE WORK

1.01 Work

A. Work includes all labor, materials, equipment, services, and documentation necessary to construct the Project defined herein. The Work may include related services such as testing, start-up, and commissioning, all as required by the Contract Documents.

B. The Contractor shall complete all Work as specified or indicated in the Contract Documents.

The Project is generally described as follows:

1. Treatment Plant Solar Project, which consists of the design and installation of rooftop and ground solar system at the Authority’s Wastewater Treatment Plant.

2. The Site of the Work includes property, easements, and designated work areas described in greater detail in the Contract Documents but generally located at the Authority’s

Wastewater Treatment Plant (400 Friendship Ave., Hallam, PA 17406).

ARTICLE 2—CONTRACT DOCUMENTS

2.01 Intent of Contract Documents

A. It is the intent of the Contract Documents to describe a functionally complete Project. The

Contract Documents do not indicate or describe all of the Work required to complete the

Project. Additional details required for the correct installation of selected products are to be provided by the Contractor and coordinated with Owner and Engineer. This Contract constitutes the entire agreement between Owner and Contractor, and supersedes prior negotiations, representations, and agreements, whether written or oral. The Contract

Documents are complementary; what is required by one part of the Contract Documents is as binding as if required by other parts of the Contract Documents.

B. Engineer will be the initial interpreter of the requirements of the Contract Documents, and judge of the acceptability of the Work under the Contract Documents. During the performance of the Work and until final payment, Contractor and Owner shall submit to Engineer all matters in question concerning the requirements of the Contract Documents, or relating to the acceptability of the Work. Engineer will render a written clarification, interpretation, or decision on the issue submitted, or initiate a modification to the Contract Documents.

C. Contractor, and its subcontractors and suppliers, shall not have or acquire any title to or ownership rights to any of the Drawings, Specifications, or other documents (including copies or electronic media versions) prepared by Engineer or its consultants.

D. Contract Price or Contract Times: References to a change in “Contract Price or Contract

Times” or “Contract Times or Contract Price” or similar, indicate that such change applies to

(1) Contract Price, (2) Contract Times, or (3) both Contract Price and Contract Times, as warranted, even if the term “or both” is not expressed.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

E. Nothing in the Contract Documents creates any contractual relationship between Owner or

Engineer and any Subcontractor, Supplier, or other individual or entity performing or furnishing any of the Work, for the benefit of such Subcontractor, Supplier, or other individual or entity.

2.02 Contract Documents Defined

A. The Contract Documents consist of the following documents:

1. This Contract for Construction of a Small Project.

2. Performance bond.

3. Payment bond.

4. Completed Bid Form from PennBid.

5. Specifications as listed in the Specifications Table of Contents.

6. Drawings as listed on the Drawing Sheet Index.

7. Addenda Numbers ______ to _____.

8. Exhibits to this Contract (enumerated as follows):

a. Technical Provisions

b. EYCSA Electrical Contract

c. Met-Ed Electrical Invoices, dated December 27, 2024, through December 25, 2025

d. Exhibit “Areas for Solar Panel Installation”

e. 1996 Structural Plans for Blower Building

f. 2010 Electrical Plans for WWTP Upgrade

g. 2011 Structural Plans for WWTP Upgrade

h. 2018 Site Plan for WWTP Site

9. Pennsylvania Prevailing Wage Predetermination Number: 26-01133, dated 02/06/2026.

10. The following which may be delivered or issued on or after the Effective Date of the

Contract:

a. Notice of Award (EJCDC® C-510).

b. Notice to Proceed (EJCDC® C-550).

c. Application for Payment (EJCDC® C-620).

d. Certificate of Substantial Completion (EJCDC® C-625).

e. Work Change Directives (EJCDC® C-940).

f. Change Orders (EJCDC® C-941).

g. Field Orders (EJCDC® C-942).

h. Consent of Surety to Final Payment.

i. Contractor’s Affidavit Regarding Payments to Laborers, Subcontractors, and for

Materials Used on Work.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

ARTICLE 3—ENGINEER

3.01 Engineer

A. The Engineer for this Project is C.S. Davidson, Inc., 322 N. Arch Street, Floor 3, Lancaster, PA 17603.

ARTICLE 4—CONTRACT TIMES

4.01 Contract Times

A. The construction Specifications and Final Cost Estimate shall be submitted to the Authority within 30 days of the Award Notice. Upon submission, the Authority shall review the same and shall either reject or accept the same within 30 days of its receipt of the submission.

B. If the Authority accepts the Construction Specifications and Final Cost Estimate, the Authority will promptly issue a Notice to proceed.

C. If the Authority rejects the submitted Construction Specifications and Final Cost Estimate, it shall provide written notice of the same and reasons for the rejection to the Contractor.

Contractor then has 15 days to either:

1. Revise the Construction Specifications and Final Cost Estimate in accordance with the

Authority’s requested revisions

2. Reject the Authority’s revisions. Should Contractor reject the revisions, the Authority may terminate this agreement by written notice to the Contractor.

D. Once the Notice to Proceed is issued the work will be substantially complete within 120 days after the Effective Date of the Contract and completed and ready for final payment within 150 days after the Effective Date of the Contract.

4.02 Liquidated Damages

A. Contractor and Owner recognize that time is of the essence in the performance of the Contract, and that Owner will incur damages if Contractor does not complete the Work according to the requirements of Paragraph 4.01. Because such damages would be difficult and costly to determine, Owner and Contractor agree that as liquidated damages for delay in completion

(but not as a penalty) Contractor shall pay Owner five hundred dollars ($500.00) for each day that expires after the Contract Time for substantial completion.

4.03 Delays in Contractor’s Progress

A. If Owner, Engineer, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract Times or Contract Price.

B. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delay, disruption, or interference caused by or within the control of Contractor or its subcontractors or suppliers.

C. If Contractor’s performance or progress is delayed, disrupted, or interfered with by unanticipated causes not the fault of and beyond the control of Owner, Contractor, and those for which they are responsible, then Contractor shall be entitled to an equitable adjustment in

Contract Times.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

D. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for any delay, disruption, or interference if such delay is concurrent with a delay, disruption, or interference caused by or within the control of Contractor or Contractor’s subcontractors or suppliers.

4.04 Progress Schedules

A. Contractor shall develop a progress schedule and submit it to Engineer for review and comment before starting Work on the Site. Contractor shall modify the schedule in accordance with Engineer’s comments.

B. Contractor shall update and submit the progress schedule to Engineer each month. Owner may withhold payment if Contractor fails to submit the schedule.

ARTICLE 5—CONTRACT PRICE

5.01 Payment

A. Owner shall pay Contractor, in accordance with the Contract Documents, the lump sum amount of $__________________ for all Work.

BID TABLE:

Item No. Description Unit Estimated

Quantity

Unit Price Extended

Price

15.99 Final Design and Installation of

Solar Panel System L.S. 1 Job $

Total of all extended prices for Estimated Quantities of Base Bid work: $

ARTICLE 6 – BONDS AND INSURANCE

6.01 Bonds

B. When Contractor delivers the signed counterparts of the Contract to Owner, Contractor shall also deliver the performance bond and payment bond to Owner. Each bond must be in an amount equal to the Contract Price, as security for the faithful performance and payment of all of Contractor’s obligations under the Contract. These bonds must remain in effect until the completion of the correction period specified in Paragraph 7.12 but, in any case, not less than one year after the date when final payment becomes due.

C. Upon request, Owner will provide a copy of the payment bond to any person or entity claiming to have furnished labor, services, materials, or equipment used in the performance of the Work.

6.02 Insurance

A. When Contractor delivers the signed counterparts of the Contract to Owner, Contractor shall furnish certificates, endorsements, and any other evidence of insurance requested by Owner.

Insurance is to be provided by companies that are duly licensed or authorized in the jurisdiction in which the Project is located with a minimum A.M. Best rating of A-VII or better. Contractor shall provide insurance in accordance with the following:

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

1. Contractor shall provide coverage for not less than the following amounts, or greater where required by Laws and Regulations:

a. Workers’ Compensation and Employer’s Liability

Workers’ Compensation Statutory

Employer’s Liability

Each Accident $500,000

Each Employee $500,000

Policy Limit $500,000

b. Commercial General Liability

General Aggregate $2,000,000

Products - Completed Operations Aggregate $2,000,000

Personal and Advertising Injury $1,000,000

Bodily Injury and Property Damage—Each Occurrence $1,000,000

c. Automobile Liability

Combined Single Limit (Bodily Injury and Property

Damage) $1,000,000

d. Excess or Umbrella Liability

Per Occurrence $1,000,000

General Aggregate $1,000,000

e. Contractor’s Pollution Liability

Each Occurrence/Claim $1,000,000

General Aggregate $1,000,000

B. All insurance policies required to be purchased and maintained will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 10 days after notice has been received by the purchasing policyholder.

Within three days of receipt of any such notice, the purchasing policyholder shall provide a copy of the notice to each other insured and Engineer.

C. Automobile liability insurance provided by Contractor will be written on an occurrence basis and provide coverage against claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance, or use of any motor vehicle.

D. Contractor’s commercial general liability policy will be written on a 1996 or later ISO commercial general liability occurrence form and include the following coverages and endorsements:

1. Products and completed operations coverage maintained for three years after final payment;

2. Blanket contractual liability coverage to the extent permitted by law;

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

3. Broad form property damage coverage; and

4. Severability of interest; underground, explosion, and collapse coverage; personal injury coverage.

E. The Contractor’s commercial general liability and automobile liability, umbrella or excess, and pollution liability policies will include and list Owner and Engineer and the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each as additional insureds; and the insurance afforded to these additional insureds will provide primary coverage for all claims covered thereby (including, as applicable, those arising from both ongoing and completed operations) on a non-contributory basis.

1. Additional insured endorsements will include both ongoing operations and products and completed operations coverage through ISO Endorsements CG 20 10 10 01 and

CG 20 37 10 01 (together). If Contractor demonstrates to Owner that the specified ISO endorsements are not commercially available, then Contractor may satisfy this requirement by providing equivalent endorsements.

2. Contractor shall provide ISO Endorsement CG 20 32 07 04, “Additional Insured—

Engineers, Architects or Surveyors Not Engaged by the Named Insured” or its equivalent for design professional additional insureds.

F. Umbrella or excess liability insurance will be written over the underlying employer’s liability, commercial general liability, and automobile liability insurance. The coverage afforded must be at least as broad as that of each and every one of the underlying policies. Contractor may meet the policy limits specified for employer’s liability, commercial general liability, and automobile liability through the primary policies alone, or through combinations of the primary insurance policy’s policy limits and partial attribution of the policy limits of an umbrella or excess liability policy that is at least as broad in coverage as that of the underlying policy.

G. The Contractor shall provide property insurance covering physical loss or damage during construction to structures, materials, fixtures, and equipment, including those materials, fixtures, or equipment in storage or transit.

H. If Contractor has failed to obtain and maintain required insurance, Owner may exclude the

Contractor from the Site, impose an appropriate set-off against payment, and exercise Owner’s termination rights under Article 15.

ARTICLE 7—CONTRACTOR’S RESPONSIBILITIES

7.01 Contractor’s Means and Methods of Construction

A. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction.

B. If professional engineering or other design services are needed to carry out Contractor’s responsibilities for construction means, methods, techniques, sequences, and procedures, or for Site safety, then Contractor shall cause such services to be provided by a properly licensed design professional, at Contractor’s expense. Neither Owner nor Engineer has any responsibility with respect to (1) Contractor’s determination of the need for such services,

(2) the qualifications or licensing of the design professionals retained or employed by

Contractor, (3) the performance of such services, or (4) any errors, omissions, or defects in such services.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

7.02 Supervision and Superintendence

A. Contractor shall supervise and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the

Work in accordance with the Contract Documents.

B. At all times during the progress of the Work, Contractor shall assign a competent resident superintendent who will not be replaced without notice to and approval by the Owner and

Engineer except under extraordinary circumstances.

C. Contractor shall maintain good discipline and order at the Site.

D. Except as otherwise required for the safety or protection of the Work or persons or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all

Work at the Site will be performed during regular working hours, Monday through Friday.

7.03 Other Work at the Site

A. In addition to and apart from the Work of the Contractor, other work may occur at or adjacent to the Site. Contractor shall take reasonable and customary measures to avoid damaging, delaying, disrupting, or interfering with the work of Owner, any other contractor, or any utility owner performing other work at or adjacent to the Site.

B. Contractor shall notify Owner, the owners of adjacent property, the owners of underground facilities and other utilities (if the identity of such owners is known to Contractor), and other contractors and utility owners performing work at or adjacent to the Site when Contractor knows that prosecution of the Work may affect them; and Contractor shall cooperate with them in the protection, removal, relocation, and replacement of their property or work in progress.

7.04 Services, Materials, and Equipment

A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for everything necessary for the performance, testing, start-up, and completion of the Work.

B. All materials and equipment incorporated into the Work must be new and of good quality, and be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable supplier, except as otherwise may be provided in the Contract Documents.

7.05 Subcontractors and Suppliers

A. Just as Contractor is responsible for its own acts and omissions, Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of Contractor’s employees; of suppliers and subcontractors, and their employees; and of any other individuals or entities performing or furnishing any of the Work. The Contractor’s retention of a subcontractor or supplier for the performance of parts of the Work will not relieve Contractor’s obligation to

Owner to perform and complete the Work in accordance with the Contract Documents.

7.06 Licenses, Fees and Permits

A. Contractor shall pay all license fees and royalties and assume all costs incident to performing the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others.

B. Contractor shall obtain and pay for all construction permits, licenses, and certificates of occupancy, unless otherwise provided in the Contract Documents.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

7.07 Laws and Regulations; Taxes

A. Contractor shall give all notices required by, and shall comply with, all local, state, and federal laws and regulations applicable to the performance of the Work. Neither Owner nor Engineer shall be responsible for monitoring Contractor’s compliance with any laws or regulations.

B. If Contractor performs any Work or takes any other action knowing or having reason to know that it is contrary to laws or regulations, Contractor shall bear all resulting costs and losses, and to the fullest extent permitted by law Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, from and against all such claims, costs, losses, and damages.

C. Contractor shall pay all applicable sales, consumer, use, and other similar taxes.

D. Contractor is required to comply with the rules and conditions of the Pennsylvania Department of Labor and Industry Prevailing Minimum Wage Determination, Serial No. 26-01133, dated

02/06/2026, a copy of which is attached hereto.

7.08 Record Documents

A. Contractor shall maintain one printed record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, written interpretations and clarifications, and approved shop drawings in a safe place at the Site. Contractor shall annotate them to show changes made during construction. Contractor shall deliver these record documents to Engineer upon completion of the Work.

7.09 Safety and Protection

A. Contractor shall be solely responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Work.

B. Contractor shall designate a qualified and experienced safety representative whose duties and responsibilities are the prevention of Work-related accidents and the maintenance and supervision of safety precautions and programs.

C. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury, or loss to:

1. All persons on the Site or who may be affected by the Work;

2. All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and

3. Other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, other work in progress, utilities, and underground facilities not designated for removal, relocation, or replacement in the course of construction.

D. All damage, injury, or loss to any property caused, directly or indirectly, in whole or in part, by Contractor, or anyone for whose acts the Contractor may be liable, will be remedied by

Contractor at its expense (except damage or loss attributable to the fault of the Contract

Documents or to the acts or omissions of Owner or Engineer and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of Contractor).

E. Contractor shall be responsible for coordinating any exchange of safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with laws or regulations.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

F. In emergencies affecting the safety or protection of the Work or persons or property at the Site or adjacent thereto, Contractor shall act to prevent damage, injury, or loss. Contractor shall give Engineer prompt notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused by an emergency, or are required as a result of Contractor’s response to an emergency. If Engineer determines that a change in the Contract Documents is required because of an emergency or Contractor’s response, a Work

Change Directive or Change Order will be issued.

7.10 Submittals

A. Contractor shall review and coordinate shop drawings, samples, and other submittals with the requirements of the Work and the Contract Documents, and shall verify all related field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information. Contractor shall confirm that the submittal is complete with respect to all related data included in the submittal.

B. Shop drawings and samples must bear a stamp or specific written certification that Contractor has satisfied its obligations under the Contract Documents with respect to Contractor’s review of that submittal, and that Contractor approves the submittal.

C. With each shop drawing or sample submittal, Contractor shall give Engineer specific written notification, in a communication separate from the shop drawing or sample, of any variations that the shop drawing or sample may have from the requirements of the Contract Documents.

D. Engineer will provide timely review of submittals. Engineer’s review and approval of submittals will not extend to the means, methods, techniques, sequences, or procedures of construction, or to safety precautions or programs.

E. Engineer’s review of shop drawings and samples will be only to determine if the items covered will, after installation or incorporation in the Work, comply with the requirements of the

Contract Documents, and be compatible with the design concept of the completed Project as a functioning whole.

F. Engineer’s review and approval of a separate item in a shop drawing or sample does not indicate approval of the assembly in which the item functions.

G. Contractor shall make corrections required by Engineer, return the required number of corrected copies of shop drawings, and submit new samples for review and approval.

Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals.

H. Shop drawings are not Contract Documents.

I. Shop drawings and samples of product data shall be submitted electronically to the Engineer for the following:

a. Construction Drawings

b. PV Module

c. Inverter

d. Racking

7.11 Warranties and Guarantees

A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the

Contract Documents and will not be defective. Engineer and its consultants are entitled to rely on Contractor’s warranty and guarantee.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

7.12 Correction Period

A. If within one year after the date of substantial completion, any Work is found to be defective, or if the repair of any damages to the Site, adjacent areas that Contractor has arranged to use through construction easements or otherwise, or other adjacent areas used by Contractor as permitted by laws and regulations, is found to be defective, then Contractor shall promptly correct any such defective Work and repairs, at no cost to Owner.

7.13 Indemnification

A. To the fullest extent permitted by law, and in addition to any other obligations of Contractor under the Contract or otherwise, Contractor shall indemnify and hold harmless Owner and

Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, from all losses, damages, costs, and judgments

(including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court or arbitration or other dispute resolution costs) arising from third-party claims or actions relating to or resulting from the performance or furnishing of the Work, provided that any such claim, action, loss, cost, judgment or damage is attributable to bodily injury, sickness, disease, or death, or to damage to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, but only to the extent caused by any negligent act or omission of Contractor, any subcontractor, any supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable.

ARTICLE 8—OWNER’S RESPONSIBILITIES

8.01 Responsibilities

A. Except as otherwise provided in the Contract Documents, Owner shall issue all communications to Contractor through Engineer.

B. Owner shall make payments to Contractor as provided in this Contract.

C. Owner shall provide the Site and easements required to construct the Project.

D. While at the Site, Owner’s employees and representatives shall comply with the specific applicable requirements of Contractor’s safety programs of which Owner has been informed.

E. Owner shall furnish copies of any applicable Owner safety programs to Contractor.

F. If Owner intends to contract with others for the performance of other work at or adjacent to the Site, unless stated elsewhere in the Contract Documents, Owner shall have sole authority and responsibility for such coordination.

G. Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor’s means, methods, techniques, sequences, or procedures of construction, or for related safety precautions and programs, or for any failure of Contractor to comply with laws and regulations applicable to the performance of the Work. Owner will not be responsible for

Contractor’s failure to perform the Work in accordance with the Contract Documents.

ARTICLE 9—ENGINEER’S STATUS DURING CONSTRUCTION

9.01 Engineer’s Status

A. Engineer will be Owner’s representative during construction.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

B. Neither Engineer’s authority or responsibility under this Article 9 or under any other provision of the Contract, nor any decision made by Engineer in good faith either to exercise or not exercise such authority or responsibility, or the undertaking, exercise, or performance of any authority or responsibility by Engineer, will create, impose, or give rise to any duty in contract, tort, or otherwise owed by Engineer to Contractor, its subcontractors, suppliers, or sureties, or to any employee or agent of any of them.

C. Engineer will make visits to the Site at intervals appropriate to the various stages of construction. Engineer will not be required to make exhaustive or continuous inspections to check the quality or quantity of the Work.

D. Engineer will not supervise, direct, control, or have authority over or be responsible for

Contractor’s means, methods, techniques, sequences, or procedures of construction, or for related safety precautions and programs, or for any failure of Contractor to comply with laws and regulations applicable to the performance of the Work. Engineer will not be responsible for Contractor’s failure to perform the Work in accordance with the Contract Documents.

ARTICLE 10—CHANGES IN THE WORK

10.01 Authority to Change the Work

A. Without invalidating the Contract and without notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the Work.

10.02 Change Orders

A. Owner and Contractor shall execute appropriate Change Orders covering:

1. Changes in Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive;

2. Changes in the Work which are: (a) ordered by Owner or (b) agreed to by the parties or

(c) resulting from the Engineer’s decision, subject to the need for Engineer’s recommendation if the change in the Work involves the design (as set forth in the

Drawings, Specifications, or otherwise), or other engineering or technical matters; and

3. Changes in the Contract Price or Contract Times or other changes which embody the substance of any final binding results under Article 12.

B. If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times), the giving of any such notice will be

Contractor’s responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change.

10.03 Work Change Directive

A. A Work Change Directive may be issued to Contractor ordering an addition, deletion, or revision in the Work. A Work Change Directive will not change the Contract Price or Contract

Times, but is evidence that the parties expect that the modification ordered or documented by the Work Change Directive will be incorporated in a subsequently issued Change Order, following negotiations by the parties as to the Work Change Directive’s effect, if any, on

Contract Price or Contract Times.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

10.04 Field Orders

A. Engineer may issue a Field Order to authorize minor changes in the Work, provided that the changes do not involve an adjustment in the Contract Price or Contract Times.

B. If Contractor believes that a Field Order justifies an adjustment in the Contract Price or

Contract Times, then Contractor shall request such adjustment before proceeding with the

Work.

ARTICLE 11—DIFFERING SUBSURFACE OR PHYSICAL CONDITIONS

11.01 Differing Site Conditions Process

A. If Contractor believes that any subsurface or physical condition (including but not limited to utilities or other underground facilities) that is uncovered or revealed at the Site either

(1) differs materially from that shown or indicated in the Contract Documents, or (2) is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in Work of the character provided for in the Contract Documents, then

Contractor shall promptly notify Owner and Engineer about such condition. Contractor shall not further disturb such condition or perform any Work in connection with the condition

(except with respect to an emergency) until receipt of authorization to do so.

1. Contractor shall be entitled to an equitable adjustment in Contract Price or Contract

Times, to the extent that the existence of a differing subsurface or physical condition, or any related delay, disruption, or interference, causes an increase or decrease in

Contractor’s cost of, or time required for, performance of the Work. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times if Contractor knew of, or should have known of, the existence of the condition prior to entry into the Contract.

B. After receipt of notice regarding a possible differing subsurface or physical condition, Engineer will promptly:

1. Review the condition in question;

2. Determine if it is necessary for Owner to obtain additional exploration or tests with respect to the condition;

3. Determine whether the condition falls within one of the two differing site condition categories described in Paragraph 11.01.A.;

4. Obtain any pertinent cost or schedule information from Contractor;

5. Advise Owner of Engineer’s findings, conclusions, and recommendations, including recommendations to Owner regarding the Contractor’s resumption of Work in connection with the subsurface or physical condition in question, the need for any change in the

Drawings or Specifications, and possible Contract Price or Contract Times adjustments.

C. After receipt of Engineer’s findings, conclusions, and recommendations, Owner shall issue a written statement to Contractor regarding the subsurface or physical condition in question, addressing the resumption of Work in connection with such condition, indicating whether any change in the Drawings or Specifications will be made, adopting or rejecting Engineer’s written findings, conclusions, and recommendations, in whole or in part, and granting any equitable adjustment in Contract Times or Contract Price to which Contractor is entitled.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

ARTICLE 12—CLAIMS AND DISPUTE RESOLUTION

12.01 Claims Process

A. The party submitting a claim shall deliver it directly to the other party to the Contract and the

Engineer promptly (but in no event later than 10 days) after the start of the event giving rise thereto.

B. The party receiving a claim shall review it thoroughly, giving full consideration to its merits.

The two parties shall seek to resolve the claim through the exchange of information and direct negotiations. All actions taken on a claim must be stated in writing and submitted to the other party.

C. If efforts to resolve a claim are not successful, the party receiving the claim may deny it by giving notice of denial to the other party. If the receiving party does not take action on the claim within 45 days, the claim is deemed denied.

D. If the dispute is not resolved to the satisfaction of the parties, Owner or Contractor shall give notice to the other party of the intent to submit the dispute to a court of competent jurisdiction unless the Owner and Contractor both agree to an alternative dispute resolution process.

ARTICLE 13—TESTS AND INSPECTIONS; CORRECTION OF DEFECTIVE WORK

13.01 Tests and Inspections

A. Owner and Engineer will have access to the Site and the Work at reasonable times for observation, inspection, and testing. Contractor shall provide proper and safe conditions for such access.

B. Contractor shall give Engineer timely notice of readiness of the Work for all required inspections and tests, and shall cooperate with inspection and testing personnel to facilitate required inspections and tests.

C. Except as otherwise provided in the Contract Documents, Contractor shall be responsible for arranging, obtaining, and paying for all inspections and tests required: (1) by the Contract

Documents; (2) by codes, laws, or regulations; (3) to attain Owner’s and Engineer’s acceptance of materials or equipment; and (4) to obtain Engineer’s approval prior to purchase of materials, mix designs, or equipment.

D. If any Work that is to be inspected, tested, or approved is covered by Contractor without written concurrence of Engineer, Contractor shall, if requested by Engineer, uncover such

Work for observation. Such uncovering will be at Contractor’s expense.

13.02 Defective Work

A. Contractor warrants that the Work is not defective.

B. Engineer has the authority to determine whether Work is defective, and to reject defective

Work.

C. Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be given to Contractor.

D. The Contractor shall promptly correct all defective Work.

E. When correcting defective Work, Contractor shall take no action that would void or otherwise impair Owner’s warranty and guarantee on said Work.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

F. If the Work is defective or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, then Owner may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated.

ARTICLE 14—PAYMENTS TO CONTRACTOR

14.01 Progress Payments

A. Contractor shall prepare a schedule of values that will serve as the basis for…