INVITATION TO BID

Treatment Plant Solar Project

Sealed bids for the design and installation of rooftop and ground solar system at the Authority’s Wastewater Treatment Plant will be received online via the PennBid Program (www.PennBid.net) by the Eastern York County Sewer Authority, York County, Pennsylvania until 10:00 a.m., Wednesday, April 22, 2026.

The bids will be publicly opened and read electronically, via PennBid’s website, at 10:00 a.m. (prevailing time), same date. Bid results will be available end of business day, same date.

Copies of Bidding Documents for Treatment Plant Solar Project are available online and at no cost via the PennBid Program at https://pennbid.bonfirehub.com.

NOTE: The members of Eastern York County Sewer Authority have authorized C.S. Davidson, Inc., to act on their behalf by opening bids. Contracts will be awarded at a regularly scheduled meeting of the Eastern York County Sewer Authority.

A bid bond by acceptable surety or a certified check made payable to Eastern York County Sewer Authority in the amount of 5% of the maximum bid must be provided by each bidder with their bid.

Each bidder must be prepared to submit evidence of his qualifications to perform the work.

A pre-bid conference will be held at EYCSA Wastewater Treatment Plant, 400 Friendship Avenue, Hallam, PA 17406 on Thursday, April 9, 2026, at 10:00 AM. Bidder attendance is not mandatory.

Notice is hereby given to bidders that this project is subject to the provisions of the Pennsylvania Prevailing Wage Act approved August 15, 1961 (Act No. 442, P.L. 987), as amended.

The Contract Time for this project is ninety (90) calendar days.

Eastern York County Sewer Authority reserves the right to accept any bid or reject any or all bids.

Eastern York County Sewer Authority

Chastity Polonikas, Executive Secretary

Publish Date: Monday, April 6, 2026 http://www.pennbid.net/ https://pennbid.bonfirehub.com/

SEALED BIDS WANTED

Sealed bids for the design and installation of rooftop and ground solar system at the Authority’s Wastewater Treatment Plant will be received online via the PennBid Program by the Eastern York County Sewer Authority, York County, Pennsylvania until 10:00 a.m., Wednesday, April 22, 2026.

The bids will be publicly opened and read electronically, via PennBid’s website, at 10:00 a.m. (prevailing time), same date. Bid results will be available end of business day, same date.

Copies of Bidding Documents for Treatment Plant Solar Project are available online and at no cost via the PennBid Program at https://pennbid.bonfirehub.com.

A bid bond by acceptable surety or a certified check made payable to the Eastern York County Sewer Authority in the amount of 5% of the maximum bid must be provided by each bidder with their bid.

Notice is hereby given to bidders that this project is subject to the provisions of the Pennsylvania Prevailing Wage Act approved August 15, 1961 (Act No. 442, P.L. 987), as amended.

Eastern York County Sewer Authority reserves the right to accept any bid or reject any or all bids.

Eastern York County Sewer Authority

Chastity Polonikas, Executive Secretary

Publish Date: Monday, April 6, 2026

K:\238380922\Contract Administration\Specs\Advertisement.DOCX http://www.pennbid.net/

Instructions to Bidders

INSTRUCTIONS TO BIDDERS

Article 1. DEFINED TERMS

1.01 Terms used in these Instructions to Bidders, which are defined in the Standard General Conditions of the Construction Contract, have the meanings assigned to them in the General Conditions. The term "apparent Successful Bidder" means the lowest qualified, responsible Bidder to whom Owner (on the basis of OWNER’S evaluation as hereinafter provided) intends to make an award.

Article 2. QUALIFICATIONS OF BIDDERS

2.01 To demonstrate qualifications to perform the Work, each Bidder must be prepared to submit, within five (5) days of OWNER’S request, written evidence such as financial data, previous experience, and evidence of authority to conduct business in the jurisdiction where the Project is located. Each Bid contains a representation of Bidder's qualification to do business in the state where the Project is located, or covenant to obtain such qualification prior to award of the Contract.

2.02 The Bidder shall provide the following as proof of experience:

a. A listing of at least five (5) commercial solar contracts that the Bidder has completed over the last three (3) years similar to the work that is called for in this Bid Package, listing the project name, location, contract value, and contact.

Article 3. INTERPRETATIONS AND ADDENDA

3.01 All questions about the meaning or intent of the Bidding Documents shall be submitted to ENGINEER in writing via the “Messages/Public Q&A” feature in PennBid. Replies will be issued by Addenda, posted within the “Bidding Documents” feature in PennBid and an email notification sent to all parties recorded as having received the Bidding Documents. Questions received less than five (5) days prior to the date for opening of bids will not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

Article 4. SUBMISSION OF BIDS

4.01 Bids shall be submitted online via the PennBid Program (https://pennbid.bonfirehub.com) no later than the time and date prescribed.

4.02 Other documentation required to be submitted with the Contract for Construction of a Small Project is described as follows:

a. Required Bid Security in the form of bid bond or certified check.

b. Non-Collusion Affidavit of Prime Bidder.

c. Effective January 1, 2013, all Public Works Construction Contractors and Subcontractors shall comply with the Federal E-verify Program (EVP) operated by the United States Department of Homeland Security:

• All Public Works Contractors or Contractors shall submit and execute a Public Works Employment Verification Form, attached herein, with any bid of $25,000 or greater.

• Subcontractors shall submit a copy of the Public Works Employment Verification Form before any onsite or offsite work begins, unless the combined value of the contractor and the subcontractor work is less than $25,000.

d. Summary of Key Information.

e. Project Summary Narrative.

Article 5. BID SECURITY

5.01 Bid Security shall be made payable to OWNER in an amount of five percent (5%) of the Bidder's maximum Bid price and in the form of a certified or bank check or a Bid Bond on the attached form.

5.02 The Bid Security of the apparent Successful Bidder will be retained until OWNER has executed the Contract for Construction of a Small Project and furnished the required Contract Security, whereupon it will be returned.

Article 6. AWARD OF CONTRACT

6.01 OWNER reserves the right to reject any and all Bids, to waive any and all informalities, and to negotiate contract terms with the apparent Successful Bidder and the right to disregard all nonconforming, nonresponsive, or conditional Bids.

6.02 In evaluating Bids, OWNER shall consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements and alternates and unit prices if requested in the Contract for Construction of a Small Project.

6.03 OWNER may conduct such investigations as they deem necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications, and financial ability of the Bidders, proposed Subcontractors, and other persons and organizations to do the Work in accordance with the Contract Documents to OWNER’S satisfaction within the prescribed time.

6.04 OWNER reserves the right to reject the Bid of any Bidder who does not pass any such evaluation to OWNER’S satisfaction.

6.05 If the contract is to be awarded, it will be awarded based on an evaluation of the information provided in the “Summary of Key Information”. Specifically, the project will be awarded to the lowest Bidder whose evaluation by OWNER indicates that the award will provide the best 30-year Net Present Value. The factors determining the 30-year Net Present Value are listed below in Article 6.06.

6.06 The 30-year Net Present Value (NPV) will be determined based on the following equation and financial assumptions:

a. Equation: NPV = Upfront Cost of System – NPV 30-yr Savings – Warranty Value

i. Upfront Cost of System is the cost of the system, excluding financing, credits, rebates, etc.

ii. NPV 30-yr Savings is the sum of 30 years of electrical savings in net present value.

1. NPV Savingsn = Electrical Savingsn * Discount Factorn

2. Savingsn = Productionn * Raten

3. Productionn = Year 1 Production * (1-Degradation)n-1

4. Raten = Rate Year 1 * (1+Escalation)n-1

5. Discount Factorn = 1/(1+Discount Rate)n

b. Financial Assumptions:

i. Discount Rate = 0.04

ii. Electric Rate Year 1 = $0.10/kWh

iii. Escalation Rate = 0.025

iv. Degradation Rate = 0.005

c. Warranty Credit Assumptions:

Manufacturer Warranty Period for Inverters (Years)

Warranty Term Credit ($/Watt DC)

< 10 years $0.00

10–12 years $0.015/W

13-15 years $0.035/W

16-20 years $0.060/W

21-25 years $0.080/W

Manufacturer Warranty Period for PV Modules (Years)

Warranty Term Credit ($/Watt DC)

< 12 years $0.00

12–15 years $0.010/W

16-20 years $0.020/W

21-25 years $0.035/W

>25 years $0.045/W

Manufacturer Warranty Period for Racking (Years)

Warranty Term Credit ($/Watt DC)

< 10 years $0.00

10-15 years $0.005/W

16–20 years $0.010/W

≥20 years $0.015/W

Workmanship/Installation Warranty Period (Years)

Warranty Term Credit ($/Watt DC)

< 2 years $0.00

2–5 years $0.010/W

6–10 years $0.025/W

>10 years $0.040/W

d. Example Bidder – Award of Contract Calculation:

i. Example A – Bid Information:

Required Information Description Bidder Proposal System

Size (DC) Provide the DC system size in kW. 140,000 W-DC

Year 1 Production (kWh) Year 1 Production in kWh. 180,000 kWh

Upfront Cost of System (Estimate)

Provide the upfront cost of the system, excluding financing, credits, rebates, etc. $350,000.00

Manufacturer Warranty Period for Inverters

(Years)

Provide the manufacturer’s warranty period for full replacement of inverters. 12 Years

Manufacturer Warranty Period for PV Modules

(Years)

Provide the manufacturer’s warranty period for full replacement of PV Modules. 35 Years

Manufacturer Warranty Period for Racking

(Years)

Provide the manufacturer’s warranty period for full replacement of racking. 4 Years

Workmanship/Installation Warranty Period (Years)

Provide the workmanship/installation warranty period. 2 Years

ii. Warranty Credits

Warranty Description Warranty Period Warranty Credit Warranty Credit ($)* Manufacturer Warranty

Period for Inverters (Years)

Provide the manufacturer’s warranty period for full replacement of inverters. $0.015/W $2,100.00

Manufacturer Warranty Period for PV Modules

(Years)

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

$0.045/W $6,300.00

Manufacturer Warranty Period for Racking

(Years)

Provide the manufacturer’s warranty period for full replacement of racking. $0.00/W $0.00

Workmanship/Installation Warranty Period (Years)

Provide the workmanship/installation warranty period. $0.010/W $1,400.00

TOTAL WARRANTY CREDIT ($) $9,800.00

*Multiple Warranty Credit * System Size [Example = 180,000 W-DC]

iii. NPV Savings1 (Year 1) = Electrical Savings1 * Discount Factor1 = $18,000.00 * 0.9615 = $17,307.69.

1. Discount Factor1 (Year 1) = 1/(1+0.04)1 = 0.9615

2. Rate1 = Rate Year 1 * (1+Escalation)1-1 = $0.1000/kWh

3. Production1 = Year 1 Production * (1-Degradation)1-1 = 180,000 kWh

4. Savings1 = Production1 * Rate1 = 180,000 kWh * $0.1000/kWh = $18,000.00

5. This equation is run for all subsequent years for a total of 30 years:

Year Discount Factor

Escalated Rate ($/kWh)

Adjusted Production

(kWh)

Annual Savings ($)

NPV Savings

1 0.961538462 0.1000 180,000 $ 18,000.00 $ 17,307.69

2 0.924556213 0.1025 179,100 $ 18,357.75 $ 16,972.77

3 0.888996359 0.1051 178,205 $ 18,722.61 $ 16,644.33

4 0.854804191 0.1077 177,313 $ 19,094.72 $16,322.25

5 0.821927107 0.1104 176,427 $ 19,474.23 $ 16,006.40

6 0.790314526 0.1131 175,545 $ 19,861.28 $15,696.66

7 0.759917813 0.1160 174,667 $ 20,256.02 $ 15,392.91

8 0.730690205 0.1189 173,794 $ 20,658.61 $ 15,095.05

9 0.702586736 0.1218 172,925 $ 21,069.20 $ 14,802.94

10 0.675564169 0.1249 172,060 $ 21,487.95 $ 14,516.49

11 0.649580932 0.1280 171,200 $ 21,915.02 $ 14,235.58

12 0.62459705 0.1312 170,344 $ 22,350.59 $ 13,960.11

13 0.600574086 0.1345 169,492 $ 22,794.80 $ 13,689.97

14 0.577475083 0.1379 168,645 $ 23,247.85 $ 13,425.05

15 0.555264503 0.1413 167,801 $ 23,709.90 $ 13,165.27

16 0.533908176 0.1448 166,962 $ 24,181.14 $ 12,910.51

17 0.513373246 0.1485 166,128 $ 24,661.74 $ 12,660.68

18 0.493628121 0.1522 165,297 $ 25,151.89 $ 12,415.68

19 0.474642424 0.1560 164,470 $ 25,651.78 $ 12,175.42

20 0.456386946 0.1599 163,648 $ 26,161.61 $ 11,939.82

21 0.438833602 0.1639 162,830 $ 26,681.57 $ 11,708.77

22 0.421955387 0.1680 162,016 $ 27,211.87 $ 11,482.19

23 0.405726333 0.1722 161,206 $ 27,752.71 $ 11,260.00

24 0.390121474 0.1765 160,400 $ 28,304.29 $ 11,042.11

25 0.375116802 0.1809 159,598 $ 28,866.84 $ 10,828.44

26 0.360689233 0.1854 158,800 $ 29,440.57 $ 10,618.90

27 0.34681657 0.1900 158,006 $ 30,025.70 $ 10,413.41

28 0.333477471 0.1948 157,216 $ 30,622.46 $ 10,211.90

29 0.320651415 0.1996 156,430 $ 31,231.08 $ 10,014.29

30 0.308318668 0.2046 155,647 $ 31,851.80 $ 9,820.50

TOTAL 30-YEAR NPV SAVINGS ($) $ 396,736.09

e. NPV = $350,000.00 - $396,736.09 – $9,800.00 = $(56,536.09)

i. If there are tax rebates and other savings available, those will be added to the applicable year(s) as annual savings and the NPV savings will be calculated.

Article 7. SIGNING OF AGREEMENT

7.01 When OWNER gives a Notice of Award to the apparent Successful Bidder, within fifteen (15) days thereafter, CONTRACTOR shall sign and deliver at least three (3) counterparts to OWNER the required bonds and Certificates of Insurance. Within ten (10) days thereafter, the OWNER will deliver all fully signed Contract for Construction of a Small Project to CONTRACTOR.

ENGINEER will identify those portions of the Contract Documents not fully signed by OWNER and CONTRACTOR and such identification shall be binding on all parties.

Article 8. COPIES OF BIDDING DOCUMENTS

8.01 The Bidding Documents are available for examination online and at no cost at any time via the PennBid Program (https://pennbid.bonfirehub.com).

8.02 Complete sets of Bidding Documents shall be used in preparing Bids. Neither OWNER nor ENGINEER assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

8.03 OWNER and ENGINEER in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use.

Article 9. REDUCTION IN SCOPE OF WORK

9.01 The OWNER fully intends to construct the work for which bids are solicited. However, the OWNER specifically reserves the right, which all Bidders acknowledge by submission of a bid, to reduce quantities and/or eliminate portions of the project to meet available finances. Reduction of quantities or elimination of portions of the project will not constitute grounds of additional or compensatory charges to the low bidder.

Article 10. PRE-BID CONFERENCE

10.01 A pre-bid conference has been scheduled at the EYCSA Wastewater Treatment Plant, 400 Friendship Avenue, Hallam, PA 17406 on Thursday, April 9, 2026, 10:00 AM to review the scope of the project and to respond to Bidders' questions. Attendance by Bidders is NOT mandatory.

K:\132910005\Contract Administration\Specs\Small Spec Book\C-522 Instruction to Bidders.doc https://pennbid.bonfirehub.com/

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 (C610)

3. Payment bond (C615)

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 (Standard)

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:

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

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

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

3. Broad form property damage coverage; and

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

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.