THE COUNTY OF CHESTER

INVITATION TO BID

ITB #301606-1463E

Rooftop Solar Array for Chester County Administration Building

FOR THE

COUNTY OF CHESTER

INVITATION TO BID PACKAGE TO BE SUBMITTED ELECTRONICALLY

THROUGH PUBLIC PURCHASE

BY 11:00 A.M., WEDNESDAY, JUNE 24, 2026

Issue Date: May 18, 2026

COMMISSIONERS

Josh Maxwell Marian D. Moskowitz Eric M. Roe

DEPARTMENT OF PROCUREMENT

& GENERAL SERVICES

313 W. Market Street, Suite 4402 P. O. Box 2748 West Chester, PA 19380-0991

(610) 344-6325 Fax (610) 344-5503

INVITATION TO BID NOTICE

The County of Chester solicits bids for the Rooftop Solar Array for Chester County Administration Building.

Bids shall be submitted through the Public Purchase website. Each Bidder shall assume sole responsibility with respect to submission of their bid.

You may go to the Public Purchase site at https://www.publicpurchase.com/gems/browse/home to register and download the bid at no cost.

A Pre-Bid meeting is scheduled for May 29, 2026, at 1 p.m. The meeting will be held at the Chester County Administration Building located at 313 W. Market St., West Chester, PA 19380. Limit of two (2) attendees per firm.

To attend the meeting please contact Laurie Giannetti with names of attendees by 11 a.m. on May 28, 2026, at 610-344-6325 or via email at lgiannetti@chesco.org. The Purpose of this meeting is to discuss the ITB scope of services. The County will entertain questions; however, prospective Bidders must understand that the County’s oral response to any questions at the Pre-Bid meeting shall be unofficial and non-binding. Prospective Bidders must submit all questions, comments, or other concerns regarding this ITB in writing prior to the question deadline shown below.

Questions regarding the Invitation to Bid shall be directed in writing to Ms. Laurie Giannetti, Senior Buyer, County of Chester, Department of Procurement and General Services, email to lgiannetti@chesco.org. The deadline for the receipt of written questions will be 12:00 p.m., June 10, 2026.

Bidders are required to submit with their bid, a bid guaranty of not less than ten percent (10%) of the total bid amount, in the form certified or bank cashier's check made payable to the Treasurer of Chester County, or a bid bond with approved surety. The successful bidder will be required to submit a one hundred percent (100%) Performance Bond and a one hundred percent (100%) Labor and Materials Bond with a one (1) year warranty.

This project is subject to the Davis Bacon Act.

If you are a person with a disability and wish to attend the bid opening and require an auxiliary aid, service, or accommodation to observe or participate in the proceedings, please contact the Department of Procurement and General Services to discuss how we may best accommodate your needs.

The Commissioners of Chester County reserve the right to waive technicalities and to reject any or all bids or items therein, in the best interest of the County.

Nick Cherubino Chester County Controller https://www.publicpurchase.com/gems/browse/home

TABLE OF CONTENTS

INVITATION TO BID NOTICE

GENERAL TERMS AND CONDITIONS

SPECIAL CONDITIONS

GENERAL SPECIFICATIONS

1.0 BACKGROUND

2.0 SCOPE OF WORK

3.0 CONTRACTOR REQUIREMENTS

4.0 COUNTY RESPONSIBILITIES

5.0 COUNTY RIGHTS AND AUTHORITY

EXHIBIT A – SAMPLE AGREEMENT

EXHIBIT B - CONSOLIDATED BOND FORM

EXHIBIT C – CERTIFICATE OF INSURANCE

EXHIBIT D – BID EVALUATION CRITERIA

EXHIBIT E – DAVIS BACON RATES

EXHIBIT F – HELIOSCOPE ASSESSMENT

EXHIBIT G – EECBG EQUIPMENT REBATE TERMS AND CONDITIONS

EXHIBIT H - NATIONAL ENVIRONMENTAL POLICY ACT (NEPA) DETERMINATION

EXHIBIT I – PECO INVOICES FOR LAST 12 MONTHS

EXHIBIT J – SINGLE LINE ELECTRICAL DIAGRAM

BIDDER CHECKLIST

BID SUBMISSION INSTRUCTIONS

INVITATION TO BID FORM

BID PRICE PAGE

SIGNATURE PAGE

INSTRUCTIONS FOR NON-COLLUSION AFFIDAVIT

NON-COLLUSION AFFIDAVIT

REFERENCE PAGE

JOINT PURCHASING ACCEPTANCE FORM

CONTRACTOR QUALIFICATION STATEMENT

CONSENT (OR AGREEMENT) OF SURETY

PUBLIC WORKS EMPLOYMENT VERIFICATION FORM

WORKER PROTECTION AND INVESTMENT CERTIFICATION FORM

BID BOND FORM

GENERAL TERMS AND CONDITIONS

1. The "Invitation to Bid" is defined as all documents referenced in the "Table of Contents" found previously in this Invitation to Bid and any addenda issued by County. All documents referenced in the Table of Contents are hereby incorporated into and made a part of this Agreement to the same extent as if they were fully set forth herein.

2. All bidders must be prepared to present suitable evidence of their financial standing, and to furnish a list of similar work recently completed.

3. No verbal instructions or information to bidders will be binding. This Invitation to Bid will be considered clear and complete unless written attention is called to any apparent discrepancies or incompleteness thereof before the opening of bids. Should any written inquiries be received by the County of Chester (hereinafter "County") these inquiries will be answered in the form of addenda to this Invitation to Bid and will be posted on Public Purchase, a FREE web-based e-Procurement service. These addenda shall then be considered part of this Invitation to Bid. Please Note: It is the responsibility of the Bidder to check the Public Purchase website, www.publicpurchase.com for any information that is available regarding the Invitation to Bid.

4. Bids will be considered as conclusive evidence of complete examination of this Invitation to Bid, and any samples made available by County to bidders.

5. Bid Forms are provided in this Invitation to Bid. This form must be used in submitting the bid, and all pages of this Invitation to Bid package must be completely filled out, and the whole bid signed by the bidder.

6. Chester County bids are only available on the Public Purchase website. Bids and Bid Forms shall be submitted electronically through the Public Purchase website, www.publicpurchase.com.

7. No bid may be withdrawn later than 11:00 a.m. on the date of bid opening except as pursuant to statute. No modifications or explanation of any bid will be allowed after the same is electronically submitted to Public Purchase.

Bids will be opened via Public Purchase.

8. The Commissioners of Chester County reserve the right to reject any or all bids or parts thereof, or to waive technicalities, as deemed to be in the best interest of the County.

Any bidder who has demonstrated unsatisfactory performance during any agreement with the County of Chester or any other organization may be considered as unqualified, and their bid may be rejected. The County reserves the right to exercise this option as the County deems proper and/or necessary in its best interest.

9. It is understood that parties making bids accept the terms and conditions expressed and contained in this Invitation to Bid. The failure to comply with any of the conditions may result in the rejection of the bid or the immediate termination of any agreement which may have been awarded.

10. The successful bidder may be required to execute a written agreement (on the form contained herein) with the County or accept a Purchase Order, at the County's option, within ten (10) days after notice of acceptance of this bid.

11. This Invitation to Bid is intended to cover the furnishing of all materials and the performance of all work that may be required or necessary for the complete performance of the contract, and the Contractor will be required to do all things that may be necessary to fully complete the work within the purview of this Invitation to Bid.

12. Should the Contractor discover discrepancies in this Invitation to Bid, the matter shall be at once brought to the attention of the County of Chester, Department of Procurement and General Services, and the discrepancies corrected by written agreement before proceeding further.

13. No extras or additional work will be allowed or paid for unless such extras or additional work are ordered in writing by the County and the price fixed and agreed upon before such work is performed.

14. The Contractor shall not transfer or sublet any portion of the work covered by this Invitation to Bid without written consent of the County.

http://www.publicpurchase.com/

15. As all the parts of this Invitation to Bid, including but not limited to the Bid Notice, General Terms and Conditions, Technical Specifications, General Specifications, Special Conditions, Bid Price Form, Contractor's Qualification Statement, form of Agreement, form of Performance Bond, Non-Collusion Affidavit, Signature Page and Bidder Checklist, all refer to each other, and together constitute a whole, they must not be detached and must be returned bound together as when delivered to the Bidder. NO BIDS WILL BE ACCEPTED UNLESS SUBMITTED ON THE FORMS FURNISHED HEREIN. Bids and Bid Forms must be submitted electronically through the Public Purchase website, www.publicpurchase.com.

16. In general, deliveries shall be at such times as may be fixed by the County and shall not be made except upon definite instructions by the County.

17. Items to be furnished shall be new, first-class, and shall meet with the approval of the County's designated representative.

18. Bidders shall understand that when materials or supplies have been delivered to the job which do not comply with this Invitation to Bid and have not been approved, upon notification, the Contractor shall immediately remove from the premises any such condemned material or supplies, and replace them with material or supplies, in full accordance with this Invitation to Bid at no additional expense to the County.

19. If County refers to a manufacturer's brand name and/or catalog number in this Invitation to Bid, this is intended to indicate that said brand name and/or catalog number is the minimum standard desired by the County of Chester and participating SPCCPB members. Bidders shall state the brand name and/or catalog number of the items upon which their bid is based.

It shall be the bidder's responsibility, if bidding on items other than those specified, to prove to the County that said items are equal to or better than those indicated.

When required herein, samples of items bid upon shall be provided to the County of Chester, Department of Procurement and General Services as detailed herein for examination with the submission of the bid through the Public Purchase website, www.publicpurchase.com or within such time as required herein. Failure to comply herewith may be cause for rejection of bid.

The County shall be the sole judge as to whether any equivalent item offered is considered equal. It shall be understood and agreed by the bidder that the quantities listed in this Invitation to Bid are estimated only. The actual normal requirements of the County will determine actual ordered amounts. The County reserves the right to order more or less than the estimates included in the specifications. The Contractor will only deliver goods or provide services based on receipt of an actual Purchase Order, which will be issued from time to time during the contract period, unless otherwise provided in the Invitation to Bid below. All prices shall be quoted F.O.B. at the County facility for which the goods are intended.

When a space is provided on the Bid Form for unit prices, bidders are required to bid a unit price and a total extended price for each item, as well as a total price for all items bid. In addition, bidders shall show the brand name and/or catalog number of each item upon which bid is based.

Bidders shall select only one brand or catalog number for each item on which bid is based. "Alternate" offerings contained on the same Bid Form will not be considered.

20. Payments shall be made to the Contractor as soon as possible after receipt of invoice, after inspection and acceptance of the material and/or work by an authorized representative of the County and approval of the invoice by the Controller. In the case of supply agreements, where partial delivery is made, invoice for such part may be made upon delivery, and payment made as soon as possible under conditions as above. In the case of agreements for services rather than simple supply deliveries, payment will be made after satisfactory completion of the agreement, unless otherwise provided in this Invitation to Bid.

21. It shall be the sole obligation of the Contractor to determine the obligation for and pay all sales, use, excise, or similar taxes which may become due pursuant to this project. The County and participating SPCCPB members makes no representation with respect to any such taxes or the Contractor's obligation for the payment of such taxes.

22. Where an error is made in computing unit price to total price, the unit price quoted shall govern.

23. A bid which is incomplete, obscure, conditioned, or which contains additions not called for, or irregularities of any kind, including alterations or erasures, may be rejected. A bid which is not accompanied by the required security or is unsigned, shall be rejected.

24. A Bid Bond, which is unsigned by principal or surety may also be rejected.

25. Any Bid Bond, which is used and submitted along with the bid, must be covered with surety of a company authorized to do business in the Commonwealth of Pennsylvania.

26. In the event that there is a tie between two or more lowest responsible bidders, and the place of business of one is located in Chester County and the other(s) is (are) located outside of the County, the Commissioners may in their discretion opt to award the bid to the Chester County bidder, all other relevant factors being equal.

27. The bidder is required to carefully examine the site of the project, the work proposed, this Invitation to Bid and any drawings for the work, and to compute the quantities of labor or material entering therein, and to determine for himself the difficulties incidental to the prosecution of the work. The presentation of a bid shall be considered as conclusive evidence of such examination.

Failure to attend the pre-bid conference and/or site visit/walk-through shall constitute acceptance by the bidder of all pre-existing site conditions and shall constitute a waiver of all future claims with regards to said site conditions.

28. The successful bidder will be required to furnish a "Performance Bond" in the sum of one hundred per cent (100%) of the total bid as awarded, the condition of which shall be the full and complete execution and performance of each and all of the terms contained in the agreement, Invitation to Bid, and drawings.

The successful bidder may be required to furnish an additional "Payment Bond for Labor and Materials" in the amount one hundred per cent (100%) of Contract Price, the condition of which shall be the prompt payment for all materials and labor supplied or performed in the prosecution of the work. It shall be a condition of said bond that labor and materialmen, furnishing labor and materials in, and for, the prosecution of said work, shall have the right, according to law, to sue in an action of assumpsit, in the name of the obligee, for his or their use upon said bond, for such sum or sums as may be justly due.

Both bonds shall be executed by the same surety and shall meet all the requirements of the County and shall be in the form set forth in this Invitation to Bid.

29. The individual or corporation to which the Contract has been awarded shall return properly executed bonds within the number of days set by the County after written notice of award of contract. The County shall then execute this agreement promptly, after approval of same and upon receipt of such bonds, additional certificates, information, or samples as may be required, provided, however, that no award shall be considered binding upon the County unless and until the agreement documents are properly executed by both parties. No bid shall be considered binding upon the Contractor if the County fails or refuses to execute the Agreement within thirty (30) days after receipt of approved signed agreements and bonds, except that the time limits stated in this paragraph may be extended with the written consent of both parties.

30. The Contractor will be held strictly to the terms of the Contract regarding the diligent prosecution of the work and the time of completion of same.

In case additional work is ordered or in case of delays not the fault of the Contractor the County may make an equitable extension of working time by so designating in writing.

31. The Contractor shall furnish suitable evidence that he has insured his liability under the Workers’ Compensation Act and any supplements or amendments thereto, or file with the County an acceptable certificate of exemption therefrom.

32. The Contractor shall indemnify, defend, and hold harmless the County of Chester, its officers and employees from all suits, actions or claims of any character, name and description, including attorney's fees and costs, brought for or on account of any injuries or damages received or sustained, including wrongful death by any person or persons including but not limited to employees and other persons on the site or off the site if related to their work and/or this Agreement; or for injury or damage to property or other living things in which property rights by law exist, by or from the said Contractor, or by or in consequence of any neglect in safeguarding the work, or through defective workmanship or the use of defective materials or by, or on account of any act, omission, neglect, or misconduct of the said Contractor; or for any claims or amounts arising or recovered under the Workers’ Compensation Law or any other law, by-law, ordinance, order or decree. So much of the money due Contractor under or by virtue of his agreement as shall be considered necessary by the Commissioners may be retained for the use of the Commissioners, or in case insufficient money is due, his surety shall be held until each suit or suits, action or actions, claim or claims, for injuries or damages, as aforesaid, shall have been settled and suitable evidence to that effect furnished to the Commissioners. Contractor hereby expressly waives any immunity under the Workers’ Compensation Act, either as an employer or statutory employer, for any claim brought by the County. This waiver is intended to comply with the provisions of Section 303(b) [77 P.S. @481(b)] of said act.

The Contractor accepts, in so far as the work covered by any such agreement is concerned, the provisions of the Workers' Compensation Act and any reenactments, supplements or amendments thereto.

33. A. The Contractor shall purchase and maintain such policy or policies of insurance as will protect from claims, as hereinafter set forth, which may arise out of or result from the Contractor's operation under this Agreement, whether such operations be by himself or by any subcontractor, or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable. Such insurance shall name the County of Chester, its agents, employees, officers, and assigns and County's consultant, its agents, employees, officers, and assigns as additional insureds under the policy(ies). Original Certificates of Insurance, made out to the County of Chester, must be provided to County prior to execution of the Agreement by the County. The kinds of claims to be insured against are as follows:

1. Claims for damages because of bodily injury, occupational disease, sickness, disease, or death of Contractor's employees.

2. Claims for damages because of bodily injury, sickness, or disease of any person other than Contractor's employees.

3. Claims for damages insured by usual personal injury liability coverage which are sustained by any person as a result of any injury directly or indirectly related to the employment of such person by the Contractor or by any other person.

4. Claims for damages other than to the work itself because of injury to and destruction of tangible property, including loss of use resulting therefrom. Any care, custody, and control exclusion shall be removed.

5. Claims for damages because of bodily injury or death of any persons or property damage arising out of the ownership, maintenance, or use of any motor vehicle.

6. Claims for false arrest or imprisonment, assault and battery, errors and omissions, invasion of civil rights, and like claims.

B. The insurance required by paragraph "A" above shall be for not less than the limits as set forth hereafter or as may be required by law, whichever is greater.

C. Comprehensive General Liability and Comprehensive Automobile Liability shall include:

A. Bodily Injury (including owned and non-owned vehicles); Personal Injury; Property Damage Liability (including owned and non-owned vehicles); and Contractual Liability with limit of not less than $2,000,000 per occurrence.

B. Comprehensive General Liability Insurance shall include coverage for explosion, collapse, underground hazards, and completed operations coverage.

Original Certificates of Insurance made out to the County of Chester in the form above designated shall be provided by the successful bidder to the County for review and approval along with the signed Agreement and any required bonds. The Agreement will not be executed by the County in the absence of Certificate(s) of Insurance. Special coverage may be required in addition to any of the foregoing as may be specifically set forth in any special conditions of the contract. Policies shall be effective commencing by the first day of work and remain in effect during the life of the project.

34. The Contractor shall provide any necessary lights, fences, barricades, and warning signs and take such other precautions as may be necessary during the progress of work to protect persons and property.

35. The Contractor shall take all necessary precautions to avoid injury or damage to buildings, driveways, sidewalks, grading, pipes, conduits, etc., and shall, unless otherwise specified, restore such structures, property, materials, etc., at his own cost and expense to a condition equal to that existing before such damage was done, by repairing, rebuilding, or otherwise, as may be required by the County, or shall make good such injury or damage in a satisfactory manner.

36. The County reserves the right to let additional contractors work at the site. This Contractor shall coordinate the execution of his work with theirs and should this Contractor cause damage to any other contractor on the work the Contractor agrees, upon due notice, to settle with such contractor by agreement, or otherwise at County's option.

Should any part of the Contractor's work depend upon the work of any other contractor, the Contractor shall promptly report to the County any defects in such work that render it unsuitable for such proper execution. Failure to so notify as to any significant delay or defect may constitute an event of default hereunder unless otherwise reasonably excused.

37. The Contractor shall direct work personally or be represented by a competent foreman with authority to follow the instructions of the authorized representative of the County.

The Contractor shall prosecute the work with sufficient workmen and equipment to insure the completion within the time stipulated.

38. In order to maintain proper control over the work as it progresses and to secure flexibility in adapting means to ends, the Commissioners shall appoint an authorized representative, so designated in writing, who shall decide all questions as may arise as to the acceptability of materials furnished, and as to the rate of progress of the work, provided, however, that the authority of the authorized representative shall not constitute a waiver of the legal rights of the County or of the Contractor. He shall not be authorized to revoke, alter, enlarge, relax, or release any of the requirements of the specifications.

39. The County shall have the right without invalidating the Agreement to order extra work or to make changes by altering, adding to, or deducting from the work as specified in the Agreement. Should such alterations or changes in the quantity or character of the work result in increased or in decreased cost to the Contractor, a fair and equitable sum therefore, to be agreed upon in writing in advance by the Contractor and the Commissioners, shall be added or deducted from the bid price, as the case may be. No allowance will be made for anticipated profits on deducted work.

40. Contractor shall have competent and efficient workmen, qualified for the type of work to be done, and all workmanship shall be first class.

41. Where there is no detailed description of the material to be furnished or of the work to be done it is understood that this Invitation to Bid contemplates the use of first-class materials throughout, placed or used in such manner as to produce a completed job that is first class and workmanlike.

42. Workmanship and materials shall at all times be subject to inspection by the County's authorized representative.

Omission or failure on the part of the inspector to disapprove or reject any defective material or work shall not be construed to be acceptance of any defective material or work.

Rejected material shall be removed promptly from the site of the work and replaced with acceptable material.

43. The Contractor shall observe and comply with all laws, ordinances, and regulations in any way affecting the equipment or materials used, those engaged on the work or the conduct of the work.

44. The Contractor shall procure and pay for any permits and licenses required, unless otherwise stated herein, and shall give all notices necessary or incident to the due and lawful prosecution of the work.

45. The Contractor shall pay for all royalties, claims, and fees for any patented invention, article, or arrangements which may be used in the work under Agreement.

46. The County shall have the right to suspend the work wholly, or in part, for such period or periods as it may deem necessary, due to unsuitable weather or such other conditions as it may consider unfavorable for the prosecution of the work, or for such time as is necessary due to the failure of the Contractor to comply with the provisions of the Agreement.

When under suspension the Contractor shall properly protect the work, and all liabilities and obligations of the Contractor under this Agreement shall remain in full force and effect.

47. If the Contractor fails or refuses to begin work within the time required in this Invitation to Bid or the Agreement, or to perform the work with sufficient workmen, equipment, or materials to insure the completion of said work in accordance with the terms of the Agreement, or shall discontinue the prosecution of the work without the approval of the County or shall neglect or refuse to perform anew such work as has been rejected as defective and unsuitable, or shall become insolvent or be declared bankrupt, or for any cause shall not carry on the work in an acceptable manner and conformity with contract, the County after ten (10) days written notice served personally on the Contractor or mailed to him at the address given on his bid, and on his failure to remedy the condition or conditions complained of, shall have the right to annul their Agreement without process or action at law, and to turn over to the surety for completion or, at their option, to enter upon and take possession of the work, using the materials and equipment of the Contractor assembled for the project, and to complete the performance of the Agreement in accordance with the terms thereof, with or without advertising or re-letting, and should the total cost of the work contracted for be in excess of the original bid price, the Contractor and his surety shall be held responsible for such excess cost.

Neither by the taking over of the work by the County, nor by the annulment of the Agreement shall the County forfeit the right to recover damages from the Contractor or his surety for failure to complete this Agreement.

48. The Contractor shall be responsible for any injury or damage to the property of the County or to the property of any Public Utility Company included in this contract by or on account of any act, omission, neglect, or misconduct of the Contractor in the prosecution of the work or in the storage of materials and equipment.

The Contractor shall properly safeguard the work under this Agreement and shall make good at his own expense all injuries or damages to said work before its completion and final acceptance.

49. Upon completion of all work under this Agreement the County through its authorized representative, shall promptly make final inspection and notify the Contractor of any work that must be done over or of additional work required to complete the Agreement in an acceptable manner, or in case all work is acceptable so notify the Contractor in writing.

Such acceptance shall not constitute a waiver of claim for adjustment of the bid price for failure to complete the Agreement in strict accordance with the requirements thereof and within the time stated in the Agreement.

50. The Contractor shall accept the compensation as provided in the Agreement in full payment for furnishing all bonds, materials, labor, tools, equipment, transportation, etc., and for performing all work under the Agreement, and for all loss or damage arising from the work, until its final acceptance by the County.

No extra or additional work will be allowed or paid for unless ordered in writing by the Commissioners.

51. In the event that the County shall decide to omit any portion of the work covered by this Agreement or shall find it inexpedient to order completed or corrected any work performed not in accordance with the Agreement, an equitable deduction shall be made from the bid price.

52. Wherever in the specifications it is provided that materials shall be tested, or materials or manner of work shall conform to certain provisions of the specifications of others, the provisions of such specifications shall be made and considered as much a part of the specifications as if written herein.

Where such Invitation to Bid cannot be obtained by the Contractor, the County upon written request will furnish the Contractor with a copy of such portions of this Invitation to Bid as apply to the work under the Agreement.

53. In the employment of persons for the performance of public work, no contractor or subcontractor nor any person acting on behalf of such contractor or subcontractor shall by reason of race, color, religious creed, ancestry, age, national origin, sex, or disability discriminate against any individual who is qualified and available to perform the work to which the employment relates.

a. The Contractor shall conform to and comply with all applicable laws, rules regulations, and standards of the “General Industry Safety and Health Standards” - U. S. Department of Labor Occupational Safety and Health Administration - OSHA 2206 (29 CFR 1910) latest edition, and to all applicable laws, ordinances, rules and regulations, and all lawful orders of any public authority bearing on the safety of persons or property or their protection from damage, injury, or loss.

b. When the Invitation to Bid herein call for construction, reconstruction, alteration, repair, improvement, or maintenance of County facilities, all bidders are required to act in accordance with the Steel Products Procurement Act of 1978, as amended in 1984, and, if any steel products are to be used in the performance of the Agreement, only steel products produced in the United States shall be used.

54. Responsibility under the Immigration Control and Reform Act of 1986 for verifications of identity and employment eligibility in connection with bidder's own agents/servants, workers, and employees, is assumed and continues to be assumed and complied with by the bidder.

55. The Contractor expressly agrees to comply with Titles VI and VII of the Civil Rights Act of 1964, as amended, and all other applicable Federal, State, and/or Local Laws, ordinances, rules, regulations, and orders prohibiting discrimination in hiring or employment opportunities. Compliance is not delegable to any union, training program or other source of recruitment which prevents the Contractor from meeting his obligations hereunder.

56. This Agreement shall be governed by the laws of the Commonwealth of Pennsylvania. The Contractor (or Bidder) has the responsibility and obligation to become aware of and comply with all applicable statutes, rules, regulations, etc. which affect this transaction in any regard.

57. The Contractor (Vendor), its employees, agents, servants, and any subcontractors of Contractor are independent contractors under this Agreement and are not deemed to be employees, agents, or servants of the County in any manner whatsoever.

58. The County may, by written notification to the Contractor, terminate in whole or any part of this Agreement if the County determines that the Contractor has failed to perform the services or to provide the materials required by this Invitation to Bid.

59. Bidder or Contractor, as the case may be, certifies that to the best of his knowledge, no County official or employee has a vested interest, financial or otherwise, in this Agreement. Bidder or Contractor agrees to comply in all respects with the Public Official and Employee Ethics Act (65 P.S. Section 1101 et seq.). Bidder or Contractor will inform County in writing immediately if any potential conflict of interest arises during the course of bidding or during the performance of any Agreement entered into with County. Conflict of interest may constitute grounds for disqualification of Bidder or termination of any Agreement with Contractor following notification by County to Bidder or Contractor where same is not corrected by Bidder or Contractor within the time period established by County in such notice.

60. Right to Protest. A). Any actual or prospective bidder, offeror, or contractor who is aggrieved in connection with the solicitation or award of a contract may protest to the head of the Purchasing Department. Protests relating to cancellation of invitations for bids or requests for proposals and protests relating to the rejection of all bids or proposals are not permitted. B). Time for Filing. If a protest is submitted by a prospective bidder or prospective offeror, the protest must be filed before bid opening time or proposal receipt date. If a protest is filed by a bidder or offeror or a prospective contractor, the protest must be filed within seven (7) days after the protesting bidder or offeror, or prospective contractor knew or should have known of the facts giving rise to the protest except that in no event may a protest be filed later than seven (7) days after the date the contract was awarded. Date of filing is the date of receipt of protest. Untimely filed protests must be disregarded by the County. C). Authority to Resolve Protests.

A panel consisting of the County’s Chief Administrative Officer, Chief Financial Officer and the Deputy Chief Administrative Officer, or their respective designees, shall have the authority to settle and resolve a protest of an aggrieved bidder, offeror, or contractor, actual or prospective, concerning the solicitation or award of a contract. D).

Decision. If the protest is not resolved by mutual agreement, the panel shall promptly issue a decision in writing. The decision shall state the reasons for the action taken. A copy of the decision shall be emailed, mailed, or otherwise furnished immediately to the protestor.

61. Right-To-Know Law. A). The Pennsylvania Right-to-Know Law, 65 P.S. §§ 67.101-3104, applies to this Contract. B). Unless the Contractor provides the County, in writing, with the name and contact information of another person, the agency shall notify the Contractor using the Contractor information provided by the Contractor herein if the agency needs the Contractor’s assistance in any matter arising out of the Right to Know Law (“RTKL”). The Contractor shall notify the agency in writing of any change in the name or the contact information within a reasonable time prior to the change. C). Upon notification from the County or the Right to Know Requestor that the County requires the Contractor’s assistance in responding to a RTKL request for records in the Contractor’s possession, the Contractor shall provide the County, within ten (10) calendar days after receipt of such notification, access to, and copies of, any document or information in the Contractor’s possession which arises out of the Contract that the County requests (“Requested Information”) in order to comply with the RTKL. If the Contractor fails to provide the Requested Information within ten (10) calendar days after receipt of such request, the Contractor shall indemnify and hold the County harmless for any damages, penalties, detriment, or harm that the County may incur as a result of the Contractor’s failure, including any statutory damages assessed against the County. D). The County’s determination as to whether the Requested Information is a public record is dispositive of the question as between the parties.

Contractor agrees not to challenge the County’s decision to deem the Requested Information a Public Record. If the Contractor considers the Requested Information to include a request for a Trade Secret or Confidential Proprietary Information, as those terms are defined by the RTKL, the Contractor will immediately notify the County, and will provide a written statement signed by a representative of the Contractor explaining why the requested material is exempt from public disclosure under the RTKL within seven (7) calendar days of receiving the request. If, upon review of the Contractor’s written statement, the County still decides to provide the Requested Information, Contractor will not challenge or in any way hold the County liable for such a decision. E). The County will not reimburse the Contractor for any costs associated with complying with this provision. F). Contractor agrees to abide by any decision to release a record to the public made by the Office of Open Records, or by the Pennsylvania Courts.

The Contractor agrees to waive all rights or remedies that may be available to it as a result of the County’s disclosure of Requested Information pursuant to the RTKL. Contractor’s duties relating to the RTKL are continuing duties that survive the expiration of this Contract and shall continue as long as the Contractor has Requested Information in its possession.

62. The Contractor must certify, in writing, that as of the date of its execution of its bid, it has no tax liabilities or other Commonwealth or Chester County obligations. The Contractor’s obligations pursuant to these provisions are ongoing from and after the effective date of the proposal through the termination date thereof. Accordingly, the Contractor shall have an obligation to inform the County if, at any time during the term of the agreement, it becomes delinquent in the payment of taxes, or other Commonwealth or Chester County obligations, or if it or any of its subcontractors are suspended or debarred by the Commonwealth, the federal government, or any other state or governmental entity. Such notification shall be made within ten calendar (10) days of the date of suspension or debarment. The failure of the Contractor to notify the County of its suspension or debarment by the Commonwealth, any other local, state, or the federal government shall constitute an event of default of the proposal with the County.

In the event that Contractor is debarred or suspended, the County reserves the right to immediately terminate the contract with Contractor. The selected Contractor will be the sole point of contact concerning all contractual matters for the duration of the contract term. All members of a delivery team shall certify to this requirement.

63. Remedies. The County reserves all rights and privileges under the applicable laws and regulations with respect to this procurement in the event of breach of contract by Contractor.

64. Contractor will comply with the following:

a. IRS Code Sections 48E as amended, HB 1 of 2025 Section 70513(b) related to Prohibited Foreign Entities and subsequent IRS guidance, and Build America, Buyer America Act (BABA).

b. DOE Assistance Regulations, 2 C.F.R. part 200 as amended by 2 C.F.R part 910 at http://www.eCFR.gov.

c. National Policy Requirements (November 12, 2020) at http://www.nsf.gov/awards/managing/rtc.jsp.

d. Public Law 117-58, also known as the Bipartisan Infrastructure Law (BIL).

e. National Environmental Policy Act (NEPA) Determination, as detailed in Exhibit H.

f. Inflation Reduction Act provision as the project is larger than one megawatt, Bidder is required to comply with certain additional provisions of the Inflation Reduction Act including but not limited to apprenticeship requirements detailed therein.

65. Equal Opportunity Employment. During the performance of this contract, the contractor agrees as follows:

a. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:

i. Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

http://www.ecfr.gov/

b. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

c. The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information.

d. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

e. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

f. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

g. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

h. The contractor will include the portion of the sentence immediately preceding paragraph (a) and the provisions of paragraphs (a) through (h) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:

Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States.

The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract.

The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.

The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee);

refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.

66. Compliance with the Davis-Bacon Act.

a. All transactions regarding this contract shall be done in compliance with the Davis-Bacon Act (40

U.S.C. 3141- 3144, and 3146-3148) and the requirements of 29 C.F.R. pt. 5 as may be applicable.

The contractor shall comply with 40 U.S.C. 3141-3144, and 3146-3148 and the requirements of 29 C.F.R. pt. 5 as applicable.

b. Contractor is required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor.

c. Contractor is required to pay wages not less than once a week.

67. Compliance with the Copeland “Anti-Kickback” Act.

a. Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract.

b. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the Federal Agency may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses.

c. Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12.

68. Contract Work Hours and Safety Standards Act. During the term of this Agreement and any extensions thereof, the Contractor shall at all times comply with all applicable provisions of The Contract Work Hours and Safety Standards Act, as amended (40 United States Code, Chapter 37).

a. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in…