EAST VINCENT TOWNSHIP

CHESTER COUNTY, PENNSYLVANIA

PUBLIC WORKS BUILDING SOLAR PANEL INSTALLATION

May 2026

THE TOWNSHIP OF EAST VINCENT

INFORMATION AND GENERAL CONDITIONS

1. Submission of Bids.

Sealed bids will be received through PennBid™ by East Vincent Township for Public

Works Building Solar Panel Installation, until 10:00 AM, prevailing time, on the 29th day of May 2026, at which time they will be opened and the bid results posted. All documents and solicitations details are available online anytime at no cost at PennBid™ (www.pennbid.bonfirehub.com). The successful bidder who is awarded the contract, will be required to pay “PennBID” a fee of 1/3% or a minimum $150 of the contract award value.

Each bid must be accompanied by a certified check or bid bond payable to the Owner in an amount of not less than ten percent (10%) of the bid or bids. Only bonds from companies licensed to do business in the State where the Owner is located will be accepted and the bond shall so state same.

This project involves the installation of solar panels and all appurtenant work at the East Vincent Township Public Works building.

Bids must be submitted unconditionally. No bidder may withdraw bid within SIXTY (60) days after the scheduled closing time for receipt of bids.

The Owner reserves the right to waive any informalities, or to reject any or all bids.

Acknowledge that a customer assistance contribution will be provided to the PA Solar

Center if a contract is executed. The PA Solar Center research shows that customer acquisition costs for solar developers range from $37/kilowattdc to $50/kilowattdc. The

Solar Center is providing the developer with a client who has a confirmed interest in going solar. The PA Solar Center provides considerable time and resources working with the client organization to educate and ensure project completion that should save time and money for both developer and client. This contribution must be included in the pricing proposal. To maintain impartiality, the PA Solar Center will not accept larger contributions beyond what is specified in this RFP for this project. If a contract is signed with the organization for the solar installation, the developer will provide the PA Solar Center the following:

A one-time contribution of $0.025 per contracted watt-dc ($25.00/kilowatt-dc). In fulfillment of this contribution, the following schedule applies:

i. At least twenty percent (20%) 30 days after the organization signs the contract for the solar system.

ii. The remainder 30 days after receiving interconnection approval from the utility.

(a) All proposals must be submitted on the forms provided, with the price stated as requested. All proposals must be signed by an authorized officer of the proposer. Please note:

at a minimum, the Proposer must have at least one employee that is a certified North American Board of Certified Energy Practitioners (NABCEP) PV or solar thermal installer; or has successfully installed a minimum of three solar photovoltaic (PV) systems.

(b) Proposals may not be withdrawn prior to the close of the regular meeting of the Board of Supervisors (“Township Supervisors” or “Supervisors”) next succeeding the opening of the proposals.

(c) Proposals shall be firm for a period of no less than sixty (60) days.

(d) No claims for relief on account of mistakes or omissions in the proposal will be considered and the proposers will be held strictly to their proposals. Alternatively, the Township Council may, in its sole discretion, determine that the bid bond deposit be forfeited or to execute on the bid bond.

(e) By submitting a proposal, the proposer is certifying that it has made itself familiar with all of the documents associated with the BID and the proposed contract and related contract documents, and certifies that the proposer is familiar with and understands and agrees to all such documents.

(f) For the proposal to be valid the following forms must be completed and returned: a) Proposal Form and Price Form; b) Completed Statements of Proposal Requirements & Contractor’s Qualifications (Attachment D); c) Non-Collusion Affidavit (Attachment C); and,

d) Subcontractor List, if applicable.

2. Award.

(a) The Township Supervisors may award a contract to the successful proposer at its regular meeting on Tuesday, June 2, 2026.

(b) The Township Supervisors will consider accepting the proposal of the lowest responsible proposer meeting specifications, kind, quality and material being equal. The Council reserves the right to reject any and/or all proposals, for any reason or no reason, and to waive, at its sole discretion, defects, irregularities, mistakes, omissions, or informalities therein.

The Township of East Vincent (the “Township”) is not obligated to accept the lowest or any bid.

(c) It is the desire of the Township to award a single contract to one contractor for the project; however, the Township reserves the right to determine, in its sole discretion, to make the award in a manner that is in the best interests of the Township.

3. Bonds.

(a) Bid Bond. No proposal will be entertained unless accompanied by a deposit, either a Certified Check or Bid Bond, in the amount of ten percent (10%) of the total cost, made payable to the Township of East Vincent and enclosed in the envelope containing the proposal.

(b) Performance Bond. The successful proposer shall submit to the Township a Performance Bond in the amount of 100% of the total contract price of the award prior to providing service, but in no event shall it be submitted more than thirty (30) days after the award.

The Performance Bond shall be issued by a surety company legally authorized to do business within the Commonwealth of Pennsylvania. Power of Attorney must be included.

(c) Payment Bond. The successful proposer shall submit to the Township a Payment Bond in the amount of 100% of the total contract price of the award prior to providing service. The Payment Bond shall be issued by a surety company legally authorized to be business within the Commonwealth of Pennsylvania and shall be in compliance with sections 3 and 3.1 of the Public Works Contractors’ Bond Law of 1967, 8 P.S. § 191 et seq.

4. Contract. The successful proposer shall enter into a contract for the Services contemplated by this BID with the Township. The form of the contract is attached hereto as Attachment A. Interested proposers shall submit proposed edits or revisions to the contract with the proposal. The Township shall not consider the proposed contract edits or revisions as part of the award, but will use them as the basis for contract negotiations with the apparent successful proposer. The apparent successful proposer shall provide the Township with a fully executed copy of the final and mutually negotiated contract prior to the date indicated above for contract award by the Township. Failure to negotiate in good faith or to provide a fully executed copy of the contract by the indicated date may result in the Township, in its sole discretion, rejecting your proposal, executing on your bid bond and/or awarding the proposal to another proposer. In addition, the Township reserves all rights to respond in any other manner permitted by law.

5. Compliance with Laws and Regulations. By submitting a proposal, the proposer hereby agrees to abide by all applicable local, state and federal regulations, ordinances and laws, including, but not limited to, OSHA laws and regulations, during the performance of the Services contemplated by this BID. The proposer certifies, for itself and its employees, that it shall comply with the laws, rules, regulations and policies of all federal, state and local governments and agencies of applicable jurisdiction in the performance of the Services contemplated by this BID.

6. Invoices and Payment. All invoices shall be submitted to the Township upon completion of the project. Payment will be made within forty-five (45) days of receipt. Invoices are to include the date and time of service.

7. Non-Collusion Affidavit. Each proposer shall submit to the Township a fully executed Non-Collusion Affidavit, such as that document attached hereto as Attachment C.

8. Failure to Perform/Unsatisfactory Performance. If the proposer’s work is deemed unsatisfactory, based upon timeliness, quality of work, or other factors as determined by the Township, the contract may be terminated upon written notification and at the convenience of the Township.

9. Identification. All employees of the successful proposer must wear clothing or identification which identifies them while on Township property.

10. Equal Opportunity Employer. The Township is an equal opportunity employer.

11. Discrimination. The Contractor shall not refuse to hire or employ or contract with, or bar or discharge from employment, or otherwise discriminate against any employee, applicant for employment, independent contractor, or any other person with respect to compensation, hire, tenure, terms, conditions, or privileges of employment or contract because of race, color, religious creed, ancestry, age, sex, national origin, or non-job related handicap or disability or the use of a guide or support animal because of blindness, deafness, or physical handicap.

12. Supplies and Equipment. The successful proposer will furnish all equipment and supplies necessary to perform the services outlined in this proposal.

13. Licenses, Fees, Taxes. The successful proposer shall obtain and maintain all necessary licenses and permits required by federal, state, and local laws.

14. Selection Criteria. The Township shall select a contractor by evaluating several factors, including, but not be limited to, price, references of similar-size/scope of work, and service capability. The Township reserves the right to select the contractor who, in its sole opinion, meets its needs.

15. Insurance. Insurance requirements are contained within the form of agreement attached hereto as Attachment A. Certificates of insurance are to be attached to proposals.

SCOPE OF WORK AND BID REQUIREMENTS

1. Project Description.

The description of this project is as follows: The design and installation of a minimum

84.88 kW roof mounted photovoltaic solar array on the roof of the Township of East Vincent Public Works Building.

The project locations are as follows: 256 Ridge Rd, Spring City, PA 19475

2. Invoicing. Contractors are required to include the following on invoices:

(a) Date and time of service

3. Pricing. The contract is a fixed-fee contract. Hourly bids for identified services will not be accepted. Pricing shall be supplied utilizing the Proposal Form and Price Form forms attached hereto as Attachment B.

4. Timeline. The Contractor must be able to begin the project within one month of having been awarded the bid. In addition, the Contractor must be able to complete the project by December 31, 2027. This project is dependent on the approval of the Township of East Vincent.

5. References. The Contractor shall list a minimum of three (3) relevant references, where services substantially similar to the work described in Attachment A have been successfully performed within the last three (3) years. The references shall be listed as part of the information required within the Scope of Work Section. Additional references may also be submitted. A references form is attached as Attachment E.

6. Prevailing Wage. This project is subject to the Pennsylvania Prevailing Wage Law, approved August 15, 1961 (Act No. 442), as amended, and reference is made to the prevailing minimum wage rates applicable to this project which has been promulgated by the Secretary of Labor and Industry and which are attached as Attachment F.

7. Evaluation Criteria. The Township will evaluate all proposals based on Cost and Contractor Responsibility, Qualifications (including NABCEP certifications) and References. See Attachment D for Proposal Requirements

8. Public Works Employment Verification Act. Pursuant to Act 141 of 2022, Contractor, prior to executing this agreement with the Township, and any subcontractors, prior to commencing work on the Project, shall supply the Township with a Public Works Employment Verification Form, as provided by the Pennsylvania Department of General Services (available at www.dgs.state.pa.us), acknowledging that Contractor is participating in the E-Verify Program (EVP) operated by the Department of Homeland Security, subject to the requirements of Federal Law governing the use of EVP.

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Attachments

A – Form of Agreement

B – Pricing and Proposal Forms

C - Non-Collusion Affidavit

D – Proposal Requirements & Statement of Contractor’s Qualifications

E - References

F – Prevailing Wage Determination

ATTACHMENT A

FORM OF AGREEMENT

CONSTRUCTION CONTRACT

THIS CONSTRUCTION CONTRACT (the “Contract”) is made and entered this _____ day of ________, 20___, by and between the EAST VINCENT TOWNSHIP _, having a principle address of 262 Ridge Road, Spring City, PA 19475 (hereinafter referred to as the “Township”), and ________________, a ________________ business corporation with their principal place of business at ___________________________ (hereinafter referred to as “Contractor”). Township and Contractor may individually be referred to as a “party” and collectively as the “parties”.

NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, and with the intention to be legally bound hereby, the parties hereto agree as follows:

1. SCOPE OF WORK

(a) Contractor does hereby agree to furnish certain labor, services, equipment, materials, and other related activities, including the adoption of certain schematic drawings, and incorporation of materials and equipment customary for the construction of certain improvements, as well as all building permits required (if any) for completion of the construction project and necessary improvements made as more fully described in Exhibit “A” attached hereto and incorporated by reference (hereinafter collectively referred to as the “Scope of Work” or “Project”).

(b) Any addition, substitution or change to the Project shall be specified in a written change order. The Township acknowledges that these substitutions and/or changes may occur during construction and agrees that so long as the Project is substantially in compliance with the plans and specifications set forth in Exhibit “A”, acceptance of any such minor deviations will not be unreasonably withheld, conditioned or delayed.

2. COSTS AND PAYMENT

(a) Township hereby agrees to pay Contractor for the performance of the Project as set forth in the Cost Proposal included within Exhibit “A” attached hereto and made a part hereof (the “Contract Price”). This is a Fixed-Fee amount to be paid.

(b) The Contractor shall submit timely invoices to the Township on a monthly basis.

The Contractor shall submit its final invoice for the Agreement not later than ten (10) business days after the final date of the Term. All invoices shall include an itemization of charges and a detailed description of the Services performed. The Township shall have no obligation to make any payment to the Contractor before receipt of an invoice that conforms to the requirements of this Agreement. The Township will make payment within forty-five (45) days of receipt of an approved invoice.

3. INITIATION AND COMPLETION OF THE PROJECT

(a) Township shall provide, and Contractor shall commence the Project within fifteen

(15) working days of written notice to proceed.

(b) The Project shall be Substantially Completed no later than ________________.

(“Time for Completion”). As used in this Contract the term “substantially completed” or “substantial completion” (or words of similar import) shall mean: (i) completion of the Project to a degree that it is either fully functional, and (ii) only minor imperfections typically referred to as “Punch List” items, if any, remain to be corrected.

(c) If Contractor is delayed in the progress of construction by any act or neglect of Township or by reason of Force Majeure (as defined herein) the Time for Completion shall be extended by such reasonable time as Contractor the Township may determine.

4. INSURANCE

(a) Contractor shall keep in force during the course of the Project, and shall furnish to Township, upon Township’s request, copies of the following insurance policies:

(i) Workers Compensation Insurance for Contractor’s employees at statutory limits; and

(ii) Comprehensive General Liability Insurance with limits of $1,000,000.00 per person, per occurrence for personal injury and property damage, and $3,000,000.00 in aggregate.

(iii) Automobile Liability Insurance- limit of $1,000,000 per occurrence.

(b) The insurance requirements herein are minimum requirements for this Contract and in no way limit the indemnity covenants contained in this Contract. Township in no way warrants that the minimum limits contained herein are sufficient to protect Contractor from liabilities that might arise out of the performance of the Project under this Contract by Contractor, its agents, representatives, employees or subcontractors, and Contractor is free to purchase additional insurance. Costs for overages in excess of those required shall not be charged to Township without prior written approval of Township.

(c) Contractor shall procure all insurance solely from insurers authorized to do business in the Commonwealth of Pennsylvania, or insurers otherwise acceptable to the Township. In no event shall the Contractor commence performing the Services for the Township until Contractor has delivered to the Township a Certificate of Insurance naming the Township as an additional insured on its general liability insurance policy.

(d) Township and Contractor shall waive all rights against each other and any of their contractors, subcontractors, agents and employees for damages caused by fire or other causes of loss to the extent covered by property insurance required herein or other insurance applicable to the Project. Township or Contractor, as appropriate, shall require each of the separate contractors, subcontractors, agents and employees of any of them, by appropriate agreements, written where legally required for validity, to provide similar waivers each in favor of other parties identified herein. Each policy shall provide such waivers for subrogation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, even though the person or entity did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in the property damaged.

5. CONTRACTOR WARRANTY

(a) Contractor hereby warrants that:

(i) All plans, labor performed, materials furnished, and services provided as otherwise identified in Exhibit “A” shall conform to applicable laws, regulations and codes applicable to completion of the Project.

(ii) All labor performed shall be done in a good and workmanlike manner.

(iii) All materials furnished shall be comprised of new and good quality materials.

(iv) All labor performed and materials furnished shall be free of defect for a period of one (1) year from the date of final payment (subject to Section 6 below).

6. DEFECTS; TOWNSHIP’S RIGHT TO REMEDY OR CURE

(a) Contractor shall promptly remedy or cure, at its sole expense, any defect or failure of the Project to conform to the standards, requirements, time frames, plans or specifications set forth in Exhibit “A”, whether discovered before or after the Project is substantially complete for a period extending until one (1) year after the date of final payment. All costs of correcting such defect or failure to conform, including any incidental costs and/or testing shall be at Contractor’s own expense. This Section shall survive termination, expiration and/or final payment under this Contract.

(b) To the extent Contractor fails to promptly remedy or cure any defects, damage or failures to conform to the standards, requirements, plans or specifications set forth in Exhibit “A”, in addition to all other remedies as provided herein, Township may remedy or cure said defects or damage, and any cost and expense so incurred by Township shall be paid by or be recoverable from Contractor, or offset against any amounts owing and outstanding to Contractor.

(c) Neither the payment of any final sum due nor any provision of this Contract shall constitute an acceptance of the Project not done in accordance with the plans or specifications set forth in Exhibit “A”, or relieve Contractor or its sureties of liability with respect to any warranties of responsibility for faulty materials and/or workmanship.

7. INDEMNIFICATION

(a) At all times during performance of the Project, Contractor shall indemnify Township from all losses and damages that may occur incident to or affect the Project, but not to the extent that any such loss or damage caused in whole or in part by the negligence of Township.

CONTRACTOR AGREES, DURING THE COURSE OF THE PROJECT, TO

INDEMNIFY AND HOLD TOWNSHIP HARMLESS FROM (i) ANY AND ALL

LIENS, CONTRACT DAMAGES, SUITS, CLAIMS AND CAUSES OF ACTION

RELATED TO THE PROJECT, INCLUDING REASONABLE ATTORNEY’S FEES

AND COSTS, AND (ii) ANY SUITS, CLAIMS AND CAUSES OF ACTION FOR

DAMAGES TO PROPERTY OR PERSONAL INJURY TO OR DEATH OF

CONTRACTOR’S EMPLOYEES, AGENTS, REPRESENTATIVES AND

INDEPENDENT CONTRACTORS (AND THEIR RESPECTIVE EMPLOYEES),

INCLUDING SUBCONTRACTORS AND ANY OTHER PARTY ASSOCIATED WITH

PERFORMANCE OF THE PROJECT BY CONTRACTOR, INCLUDING

REASONABLE ATTORNEY’S FEES AND COSTS.

8. TAXES

(a) Contractor understands and acknowledges that Township is exempt from payment of all state and local sales and use tax. As such, Contractor agrees that it shall utilize a Pennsylvania Exemption Certificate provided by Township to procure any and all materials, including any supplies and equipment related to the Project to avoid payment of any unnecessary tax.

(b) Township shall complete or provide copies of the Pennsylvania Exemption Certificate for Contractor as reasonably required.

9. INSPECTION

(a) During the course of the Project, Township, its employees, agents, representatives and invitees may enter the site of the Project (the “Premises”) and use such Premises in accordance with their normal business and related operations, and Township, its employees and agents may also enter and inspect the Project for the purpose of appraisal, inspection and evaluation. Such inspections shall take place at reasonable times and in such manner as not to interfere with the progress of the Project.

10. PUNCH LIST

(a) Contractor shall notify Township when the Project is substantially complete.

Township shall thereupon promptly inspect the Project and deliver to Contractor a written comprehensive list of all deficiencies that are detectable by visual examination. These deficiencies are referred to as “Punch List” items. Contractor shall promptly and diligently correct all construction deficiencies so listed. Township may withhold an amount estimated by Township to be the reasonable cost of correcting the construction deficiencies noted on the Township’s Punch List from the payment due Contractor upon substantial completion. Any sum retained will be promptly paid as Contractor corrects such Punch List items. In the event Contractor fails to complete the Punch List in a reasonable time, Township shall have the option of completing the punch list and paying for the same from the monies retained. Any balance of retainage shall be paid to Contractor, but Contractor is liable for any deficiency.

11. DEFAULT; LIMITATION OF LIABILITY

(a) Township or Contractor may terminate this Contract upon an Event of Default (defined below) in accordance with the procedures set forth herein.

(b) Subject to the expiration of all applicable cure periods as provided herein, and unless otherwise excused by reason of an event of Force Majeure, an “Event of Default” shall mean a breach of a material term of this Contract by Contractor or Township.

(c) Except as otherwise provided herein, if an Event of Default occurs, the non-defaulting party shall notify the defaulting party in writing (the “Default Notice”), specifying the reasons for such alleged Event of Default and advising that unless such Event of Default is cured within thirty (30) days following the receipt of such Default Notice, the defaulting party shall be in default under this Contract; provided, however, that if such default cannot be cured within thirty

(30) days following the receipt of such Default Notice, the defaulting party shall have an additional reasonable period of time in which to cure such default, so long as the defaulting party commences to cure the default within such initial thirty (30) day period and in good faith diligently continues to cure such default for a period of no longer than ninety (90) days from receipt of such Default Notice or as reasonably agreed by the parties in writing.

(d) Unless as otherwise mutually agreed by the parties in writing (and set forth in an amendment to this Contract) or as otherwise provided herein, if an Event of Default occurs and is not excused or cured as provided in this Contract, then, unless as otherwise limited by this Contract, the non-defaulting party may terminate this Contract and the defaulting party shall be liable for all paid and payable direct damages resulting from such default and as otherwise provided herein. The non-defaulting party shall also be entitled to seek any other remedies available under law or in equity. Unless as otherwise provided herein, the rights and remedies under this Contract are cumulative and in addition to any other rights or remedies the parties may have under this Contract or the law.

12. ACCEPTANCE OF NONCONFORMING PROJECT

(a) If Township agrees to accept Project that is not performed in accordance with the plans or specifications set forth in Exhibit “A”, Township may do so instead of requiring its removal or correction, in which case the payment to Contractor will be equitably adjusted. Such adjustment shall be effected whether or not the final payment of the Contract Price has been made.

13. SUSPENSION BY TOWNSHIP FOR CONVENIENCE

(a) Township may, without cause, order Contractor in writing to suspend, delay or interrupt the Project in whole or in part for such period of time as Township may determine.

(b) The Time for Completion and Contract Price shall be adjusted for increases in the cost and time caused by any such suspension, delay or interruption. No adjustment shall be made to the extent: (a) that performance is, was or would have been so suspended, delayed or interrupted by another cause for which Contractor is responsible; or (b) that an equitable adjustment is made or denied under another provision of the Contract.

14. TERMINATION BY TOWNSHIP FOR CONVENIENCE

(a) Township may, at any time, terminate the Contract for Township’s convenience and without cause.

(b) Upon receipt of written notice from Township of such termination for Township’s convenience, Contractor shall: (i) cease operations as directed by Township in the notice; (ii) take actions necessary, or that Township may direct, for the protection and preservation of the Project, and (iii) except for work on the Project directed to be performed prior to the effective date of termination stated in the notice, terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders.

(c) In case of such termination for Township’s convenience, Contractor shall only be entitled to receive payment for work on the Project performed, and costs incurred by reason of such termination. In no event shall the amount of such payment be greater than the Contract Price.

15. CLEAN-UP

(a) Contractor shall at all times keep the Premises free from the accumulation of dirt, waste materials or rubbish caused by the Project. Upon completion of the Project, Contractor shall remove from the Premises all waste materials, rubbish, tools, construction equipment, machinery and surplus materials, and shall further restore the Premises in a manner consistent with that addressed in the plans and specifications set forth in Exhibit “A”. Prior to leaving the Premises at the end of the work day, Contractor shall secure the site of the Premises.

(b) To the extent Contractor fails to clean-up the Premises as provided herein, Township may clean-up the same, and any cost and expense so incurred by Township shall be paid by or be recoverable from Contractor, or offset against any amounts owing and outstanding to Contractor.

16. HAZARDOUS MATERIALS

(a) The term "Hazardous Materials” shall mean any material or substance within the meaning and definition for “Hazardous Substance” and/or “Hazardous Waste” as those terms are employed and set forth in the Pennsylvania Hazardous Waste Cleanup Act and the Comprehensive Environmental Response Compensation and Liability Act as amended, 42 USC § 6901 et seq., and regulations promulgated thereunder (collectively "CERCLA") and any corresponding state or local law or regulation, and shall also include: (a) any Pollutant or Contaminant as those terms are defined in CERCLA; (b) any Solid Waste or Hazardous Constituent as those terms are defined by, or are otherwise identified by, the Resource Conservation and Recovery Act as amended, 42 USC § 6901 et seq., and regulations promulgated thereunder (collectively "RCRA") and any corresponding state or local law or regulation; (c) crude oil, petroleum and fractions of distillates thereof and petroleum releases; (d) any other material, substance or chemical defined, characterized or regulated as toxic or hazardous under any applicable law, regulation, ordinance, directive or ruling, including, but not limited to, asbestos or polychlorinated biphenyl (PCB); and,

(e) any infectious or medical waste or environmental contamination as defined by any applicable federal or state laws or regulations.

(b) Contractor shall immediately notify Township, both orally and in writing, of the presence and location of any physical evidence of, or information regarding the presence of Hazardous Materials at the Premises of which it becomes aware. If Contractor encounters Hazardous Materials on the Project site, Contractor shall (a) immediately stop performance of Project or that portion of the Project affected by or affecting such Hazardous Materials; (b) secure the contaminated area against intrusion; (c) not disturb or remove the Hazardous Materials; (d) not proceed, or allow any subcontractor or supplier to proceed, with any work on the Project or other activities in the area affected by such Hazardous Materials until such materials have been properly remediated and until directed in writing to do so by Township; and, (e) take any other steps necessary to protect life and health and the surrounding environment. With the written consent of Township, Contractor may be entitled to adjustment of the Time for Completion and the Contract Price in order to compensate for the impact of any required demolition, rework, shutdown, delay, protection of work, disruption, and start-up resulting from the encountering of such Hazardous Materials on the Project site for which Contractor is not responsible.

(c) Contractor shall not select, install or otherwise incorporate any products or materials containing Hazardous Materials within the boundaries of the Premises unless the products and materials are specifically required in the Specifications. Should Contractor, any subcontractor or material supplier engaged by Contractor have knowledge that, or believe that, an item, component, material, substance, or accessory within a product or assembly selected by Contractor may contain Hazardous Materials, not in accordance with the definition set forth herein above, it is Contractor’s responsibility to secure a written certification from the manufacturer of any suspected material which identifies the specific Hazardous Material(s) contained, together with the Material Safety Data Sheets (MSDS) for such materials. A copy of the written certification shall be submitted to Township.

17. FORCE MAJEURE

(a) Neither party will be liable, nor will any remedy provided by this Contract be available, for any failure due to (i) the other party’s delay in supplying or failure to supply approvals, information, materials, or services called for or reasonably required under the terms of this Contract, provided that the party claiming excuse has previously requested such approvals, information, materials or services with reasonable advance notice; or (ii) causes beyond the control of the party claiming excusable delay or other excusable failure to perform, including acts of God, acts of terrorism, acts of the public enemy, acts of a foreign government or of the United States of America or any political subdivision thereof, fires, floods, earthquakes, hurricanes, tornadoes, typhoons, pandemic or the effects of a national, state or local emergency as declared by the appropriate elected official(s) of the jurisdiction, acts or omissions of carriers or suppliers not affiliated with the party claiming excuse, acts or inaction of regulatory or governmental agencies (other than at the request of the party claiming excuse), droughts, wars, epidemics, riots, theft, quarantine restrictions, and freight embargoes or other causes beyond such party’s reasonable control, whether or not similar to the foregoing.

18. INDEPENDENT CONTRACTOR; FURTHER ASSURANCES AND ASSISTANCE

(a) All work performed by any contractor or subcontractor or any person on their behalf under this Contract shall be performed as an independent contractor and not as an agent of Township. Neither party shall be considered the employees or agents of the other. Neither party shall have the authority to enter into any agreement purporting to bind the other without its specific written authorization.

(b) The parties shall at their own cost and expense execute and deliver such further documents and instruments and shall take such other actions as may be reasonably required or appropriate to evidence or carry out the intent and purposes of this Contract or to show the ability to carry out the intent and purposes of this Contract.

(c) In the event that any claim, demand, suit, or other legal proceeding arising out of any matter relating to this Contract is made or instituted by any third party against a party to this Contract, the other party shall, at its own cost and expense, provide the party against whom such claim is instituted with all reasonable information and assistance in the defense or other disposition thereof.

19. PENNSYLVANIA RIGHT-TO-KNOW LAW

(a) The Pennsylvania Right-to-Know Law (the "RTKL"), 65 P.S, §§ 67.101-3104, applies to this Contract.

(b) Unless Contractor provides Township, in writing, with the name and contact information of another person, Township shall notify Contractor using the information provided by Contractor in the contact information provided in this Contract if Township needs Contractor’s assistance in any matter arising out of the RTKL. Contractor shall notify Township in writing of any change in the name or the contact information within a reasonable time prior to the change.

(c) It is acknowledged that records which are directly related to the provision of the service contemplated by this Agreement are subject to the Pennsylvania Right-to-Know Law, 65 P.S. §§ 67.101 - 67.3104 (the “RTKL”). Upon notification to the Contractor that the Township has received a request for records under the RTKL which pertains to the service contemplated by this Agreement, the Contractor shall fully assist the Township in responding to the request. Such assistance shall include, at a minimum, providing the Township, within five (5) business days, access to, and copies of, any document or information arising out of the Agreement in the Contractor’s possession that the Township deems a Public Record (“Requested Information”) and providing such other assistance as the Township may request.

(d) If the Contractor fails to provide the Requested Information to the Township within the required time period, the failure shall be considered an event of default, and the Contractor shall pay, indemnify and hold the Township harmless for any damages, penalties, detriment or harm that the Township may incur as a result of the Contractor’s failure, including reasonable attorney’s fees incurred by the Township in the administration of the Right-to-Know Request and any appeal therefrom.

(e) If the Contractor refuses to supply the Requested Information, and the Pennsylvania Office of Open Records or the Pennsylvania Courts determine that a record in the possession of a Contractor is a public record, in addition to the foregoing, liquidated damages of $100 per day will be assessed for each calendar day beyond the date the Contractor was required to provide the record by the Pennsylvania Office of Open Records, or, upon appeal, the Pennsylvania Courts.

The Contractors duties under this section shall survive the termination of this Agreement and as long as the Contractor has Requested Information in its possession. Upon notification by the Contractor that certain information required to be supplied to the Township contains trade secret or confidential or proprietary information, Township shall protect the confidentiality of Contractor’s proprietary or confidential information included in the data provided.

20. DISCRIMINATION PROHIBITED

(a) According to 62 Pa.C.S.A. § 3701, the parties agree that:

(i) In the hiring of employees for the performance of work under the Contract, the Contractor or any subcontractor or any person acting on their behalf shall not discriminate against any citizen of this Commonwealth by reason of gender, race, creed or color who is qualified and available to perform the work to which the employment relates.

(ii) No contractor or subcontractor or any person on their behalf shall in any manner discriminate against or intimidate any employee hired for the performance of work under the contract on account of gender, race, creed or color.

(iii) The Contract may be canceled or terminated by the government agency, and all money due or to become due under the contract may be forfeited for a violation of the terms or conditions of that portion of the Contract.

21. HUMAN RELATIONS ACT COMPLIANCE

(a) Contractor shall comply with the Pennsylvania Human Relations Act, Act 222 of October 27, 1955 (P.L. 744) (43 P.S. Section 951, et. Seq.) of the Commonwealth of Pennsylvania, as amended. Specifically, Contractor agrees to prohibit discrimination because of race, color, religious creed, ancestry, age, sex, national origin, handicap or disability, by employers, employment agencies, labor organizations, contractors and others.

22. PENNSYLVANIA PREVAILING WAGE RATES

(i) The Project shall conform with the pertinent regulation and the general Pennsylvania prevailing minimum wage rates, (act 442 of 1961, P.L. 987, amended), as determined by the Secretary of Labor and Industry. A copy of the Prevailing Wage Determination for this Project is attached hereto and marked as Exhibit “B”.

23. STANDARD OF QUALITY

(a) The various materials and products identified by name in the plans and specifications set forth in Exhibit “A” (if any) are given to establish a standard of quality and of cost. It is not the intent to limit Contractor to any one material or product specified but rather to describe the minimum standard.

24. COMPLIANCE WITH STEEL PRODUCTS PROCUREMENT ACT.

(a) Contractor’s attention is directed to the provisions of Act 3 enacted by the General Assembly of the Commonwealth of Pennsylvania and approved by the Governor on March 3, 1978, and as amended by Act 144 dated July 9, 1984 (the “Steel Products Procurement Act”) which specifies that if any products are to be used or supplied in the performance of the contract, only steel products produced in the United States shall be used in the performance of the contract or any subcontract.

(b) Contractor shall certify with current estimates that all steel products to be used or supplied in the performance of the contract comply with the Steel Products Procurement Act.

(c) The provisions of the Steel Products Procurement Act shall not be considered as waived under any circumstances unless (A) the Township has determined, under authority granted in Section 4 (B) of the Act, that a certain Steel product or products are not produced in the United States in sufficient quantities to meet the requirements of the Contract, such a determination will be set forth in the proposal or in any addendum to the proposal; or, (B) the steel product to be used or supplied in performance of the contract is included on a list, published on the Pennsylvania Department of General Services website, of exempt machinery and equipment steel products identified by the Pennsylvania Department of General Services as having not been produced in the United States in sufficient quantities in the previous calendar year. Steel products are defined as products rolled, formed shaped, drawn extruded, forged, cast fabricated or otherwise similarly processed, or processed by a combination of two or more of such operations, from steel made in the United States by the open hearth, basic oxygen, electric furnace, Bessemer or other steel making process.

25. RETENTION

(a) Township shall retain 10% of the amount of each payment until 50% of the Project is complete. After 50% of the Project is complete the retainage shall be reduced to 5% of the completed work.

26. BONDS

(a) Prior to commencing work, Contractor shall provide Township with a Performance Bond in the amount of 100% of the Contract Price issued by a surety company legally authorized to do business within the Commonwealth of Pennsylvania.

(b) Prior to commencing work Contractor shall provide Township with a Payment Bond in the amount of 100% of the Contact Price issued by a surety company legally authorized to do business within the Commonwealth of Pennsylvania. The Payment Bond shall be in compliance with sections 3 and 3.1 of the Public Works Contractors’ Bond Law of 1967, 8 P.S. § 191 et seq.

27. PUBLIC WORKS EMPLOYMENT VERIFICATION ACT

(a) Pursuant to Public Works Employment Verification Act, Contractor, and any subcontractor or any person employed on their behalf shall submit to Township a fully completed and unaltered Public Works Employment Verification Form, as provided by the Pennsylvania Department of General Services (available at www.dgs.state.pa.us), acknowledging its responsibilities under and its compliance with the provisions of 71 P.S. §656.2, and stating that the Contractor is enrolled in the E-Verify Program operated by the Department of Homeland

Security. Submission of the Public Works Employment Verification Form to the Township by Contractor is a precondition to award of the Contract. Contractor is obligated to inform any subcontractor of this provision and shall include a similar provision in any contract with any subcontractor.

28. ADDITIONAL REQUIREMENTS

(a) The Contractor shall comply with the following additional requirements under the Contract:

(i) Perform and to adhere to all related administrative functions, as required by the U.S. Department of Labor and the Commonwealth of Pennsylvania.

29. MISCELLANEOUS

(a) This Contract shall consist of this agreement, including any additional conditions, drawings, specifications, addenda issued prior to execution of this Contract, any and all exhibits, bid documents, including bid submission and other documents listed in this Contract and modifications issued after execution of this Contract, all of which form the Contract, and are as fully a part of the Contract as if attached to this Contracted or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral.

(b) This Contract shall be governed for all purposes by the laws of the Commonwealth of Pennsylvania, without regard to any conflict of laws rules or principles that might refer the governance or construction to the laws of any other jurisdiction. Any action or proceeding against any of the parties hereto relating in any way to this Agreement or the subject matter hereof shall be brought and enforced exclusively in the Court of Common Pleas of Chester County, Pennsylvania, or if subject matter jurisdiction is lacking the Federal Court of the Eastern District of Pennsylvania, and the parties hereby consent to the exclusive jurisdiction of such courts in respect of such action or proceeding.

(c) All notices, requests, demands and other communications required or permitted to be given or made under this Contract shall be in writing and shall be deemed effective when received. A notice shall be delivered personally or sent by registered or certified mail (return receipt requested), postage prepaid, as follows:

If to Township: Robert Zienkowski East Vicent Township 262 Ridge Road, Spring City, PA 19475

If to Contractor: ___________________

(d) This Contract shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, successors and assigns (when permitted hereunder).

(e) If any term or provision of this Contract shall to any extent be held invalid or unenforceable, the remaining terms and provisions of this Contract shall not be affected thereby, but each term and provision of this Contract shall be valid and be enforced to the fullest extent permitted by law.

(f) This Contract may be executed in several or separate counterparts, each of which shall be deemed an original and all of which together shall constitute but one and the same instrument.

(g) Time shall be of the essence for all purposes under this Contract.

(h) As used herein the words in the singular include the plural and the masculine, feminine and neuter genders are interchangeable as required by context.

(i) No modification, amendment or alteration of the terms of this Contract shall be binding unless the same shall be in writing, dated subsequent to the date hereof, and duly executed by the Township and Contractor.

(j) This Contract has been properly executed on behalf of the parties. It is understood and agreed to by the parties that any and all actions which are or may be necessary to fully authorize the parties to enter into this Contract have been properly performed. The parties have full right, power and authority to enter into and consent to this Contract, and hereby agree to consummate the transactions contemplated by this Contract.

(k) The within Contract, including all prior and contemporaneous agreements and exhibits incorporated by specific reference herein, shall constitute the sole and exclusive agreement of the parties and supersede any other agreements.

IN WITNESS WHEREOF, the parties have hereunto executed the within Contract on the day and year first above written.

ATTEST: TOWNSHIP:

TOWNSHIP OF ____________________

By:

Title: Township Manager

APPROVED.

Title: Township Secretary

WITNESS/ATTEST: CONTRACTOR:

Title:

# 2521442.v1

EXHIBIT “A”

SCOPE OF WORK

AND

COST PROPOSAL

30. GENERAL SCOPE OF WORK

(a) The Township is soliciting proposals from qualified solar providers to design, engineer, and build a turn-key installation of a 84.88-kW DC rooftop solar PV project at the listed site address. The goal of this bid is to identify a solar partner with the necessary experience (including NABCEP experience) to ensure a fully-managed and well-executed process.

The successful respondent will have demonstrated experience designing, planning, scheduling, permitting, constructing, interconnecting, and maintaining a solar PV system. Proposer is responsible for all permitting and licenses, and should include the cost of all permitting and interconnection requirements in their proposal. Respondents should be familiar with PECO regulations, provide project financial analysis, and have established on-site safety standards.

Please include any IRA Bonus Credits that are relevant to this specific project given a construction start date of 7/1/2026, i.e. Energy Community Bonus, Low Income Community Bonus, Domestic Content Bonus. The Proposer shall explicitly state whether their bid package will meet the IRS Domestic Content Bonus Credit, and will be contractually obligated to provide the necessary documentation to secure this Credit for the Township. The Township is agnostic to domestic content requirements, except in terms of overall project cost after incentives. The proposer must also demonstrate that the equipment meets Foreign Entities of Concern (FEOC) requirements. The Township reserves the right to modify the scope of the project at any time.

(b) The Proposer shall include design documents for all elements of the project, including, but not limited to, structural, architectural, mechanical, and electrical. Proposer should consider the following guidelines when designing the solar PV system.

(c) The Proposer shall develop a design for new PV systems that maximizes system size and cost savings on the available rooftop space. It is the responsibility of the Proposer to assess the building’s structural integrity, roof condition, and shading limitations.

(d) Mounting systems shall limit roof penetrations or be fully ballasted.

Mounting system design needs to meet applicable local building code requirements with respect to snow and wind loading factors. Solar system installation must not void the roof warranty.

(e) Conduit penetrations shall be minimized.

(f) Systems shall be fixed tilt with an orientation that maximizes annual system production

(g) All roof access points shall be securely locked at the end of each day during…