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HomeMy WebLinkAboutC20-064 Green Electrical Solutions AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND GREEN ELECTRICAL SOLUTIONS, LLC. THIS AGREEMENT (“Agreement”) is effective as of ______________________, by and between Green Electrical Solutions, LLC., a Colorado corporation (hereinafter “Contractor” or “Consultant”) and Eagle County, Colorado, a body corporate and politic (hereinafter “County”). The Contractor and County shall collectively be referred to as the “Parties”. RECITALS WHEREAS, County desires to have Contractor cause the design, engineering, permitting, procurement and installation of solar photovoltaic panels (the “Project”) upon the roof of the Snow Removal Equipment Building (the “Building”) located at the Eagle County Regional Airport, 221 Eldon Wilson Road, Gypsum, Colorado 81637 (the “Property”); and WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the equipment and services as defined below in Article 1 hereof; and WHEREAS, Contractor represents to the County that it will work with licensed engineers to design the Project; has the required technical and professional expertise to implement the Project in accordance with the design approved by County; that implementation of the Project will stay within the Contract Price (defined below); and that it will undertake and supervise the Project, as required, to complete the Project; and WHEREAS, Contractor represents to County that it will work with its internal design team and will sub- contract for the engineering and design, including a design stamped by a Colorado licensed engineer (hereinafter “Design Team”) to provide the design and engineering services necessary for completion of the Project; and WHEREAS, this Agreement shall govern the relationship between Contractor and County in connection with the Project. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and the following promises Contractor and County agree as follows: DocuSign Envelope ID: 544B5890-8C5A-4338-837F-C0D5FAB2231A 2/18/2020 C20-064 2 Article 1 Services/Work 1.1 County is the owner of the Property. The Project is comprised of a number of steps or phases and Contractor covenants and agrees that it shall be responsible for the various phases of the Work including, but not limited to the following: a. Design and engineering; b. Permitting and approvals from applicable permitting authorities and obtaining interconnect approvals from Holy Cross Energy; c. Procurement of the materials and equipment; d. Installation in accordance with the design; and e. Warranty. Contractor agrees to diligently procure necessary materials, equipment and/or products (“Equipment”) and provide all services, labor, personnel and materials necessary to perform and complete the Project as set forth herein and as described in Exhibit A which is attached hereto and incorporated herein by reference. The Equipment, services and all work necessary to complete the Project shall collectively be referred to as the “Services” or “Work”. The Work shall be provided and performed in accordance with the provisions and conditions of this Agreement. This Agreement and any exhibits attached hereto and incorporated herein by reference shall be referred to as the “Contract Documents.” In the event of any conflict or inconsistency between the terms and conditions set forth in any exhibit and the terms and conditions set forth in this Agreement, the terms and conditions set forth in this Agreement shall prevail. 1.2 The Parties agree that the Work shall also include the following: a. Meeting Attendance. Contractor and its Design Team shall meet regularly with the Eagle County Project Representative (defined below) to discuss progress, present material and information and respond to questions regarding the Project. The Contractor will be responsible for submitting to County within five (5) working days of each meeting, the minutes of all meetings during the course of the Project. b. Coordination of Contract Document. Contractor shall prepare and review drawings and specifications and shall recommend alternative solutions whenever design details affect construction/installation, feasibility or schedule. Further, Contractor and its Design Team shall review plans and specifications with the Eagle County Project Representative so as to eliminate areas of conflict and for coordination, accuracy and completeness of the plans and specifications. c. Permits and Fees. Eagle County Project Representative will secure all Airport and FAA approvals as necessary for the project. Contractor shall secure all other permits and approvals for the Project and shall obtain approvals from and coordinate as necessary with Holy Cross Energy to interconnect the project. Contractor shall pay any required fees and costs associated with obtaining the permits and approvals. d. Staffing and Supervision. Contractor shall supervise and direct the Work, and shall DocuSign Envelope ID: 544B5890-8C5A-4338-837F-C0D5FAB2231A 3 be solely responsible for all design and construction/installation means, methods, techniques, interconnection, operation, maintenance, performance, sequences and procedures and shall coordinate all portions of the Work under this Agreement. The Contractor shall inspect the Work of the subcontractors or sub-consultants at all stages and at final completion and shall guard County against defects and deficiencies in the Work. Contractor shall be responsible to County for the acts and omissions of Contractor’s employees, subcontractors, sub-consultants, agents, and any other persons performing any of the Work or furnishing materials or Equipment under a contract with the Contractor, including the acts and omissions of the Design Team. e. Safety. The Contractor shall be responsible for the safety of persons and property and for compliance with all federal, state and local statutes and regulations applicable to the Work. f. Design and Engineering. Contractor shall complete 50% design and engineering for the Project no later than March 15th, 2020. The 50% design must be approved in writing by the Eagle County Project Manager and Eagle County before moving forward to complete 100% design. Final design must be achieved no later than March 31st, 2020 and be approved in writing by Holy Cross Energy and Eagle County before construction, procurement and installation may commence. If the design is rejected by County for failing to comply with County or Holy Cross Energy requirements or the Contract Price, then Contractor, without additional cost to County, shall modify the design to comply. g. Procurement, Installation and Construction. Contractor shall carry out and develop the overall plans produced by its Design Team and that have been approved in writing by Holy Cross Energy and the Eagle County Project Representative; establish procedures for coordination with its Design Team and other sub-consultants or subcontractors with respect to all aspects of the Work and implement such procedures. h. Equipment. Contractor shall be solely responsible for any risk of loss associated with the Equipment prior to its installation and acceptance by County as set forth herein. County shall have the right to review, approve and inspect all Equipment for compliance with the Agreement. Inspection and acceptance shall not be unreasonably delayed or refused. In the event County does not accept the Equipment for any reason in its sole discretionthe Equipment does not comply with the Agreement, then Contractor shall upon County’s request and at no charge to County: i. take the Equipment back; ii. exchange the Equipment; or iii. repair the Equipment. Contractor shall deliver, handle, store and install the Equipment in accordance with manufacturers’ instructions so as not to void any warranty. i. Maintenance of Site and Work. Contractor shall keep the premises and surrounding area free from accumulation of debris and trash related to the Work. Contractor shall be solely responsible for the protection of the Work. Contractor shall have no claim against the County because of DocuSign Envelope ID: 544B5890-8C5A-4338-837F-C0D5FAB2231A 4 any damage or loss to the Work (except that caused by County), and shall be responsible for the complete restoration of damaged Work to its original condition. j. Web-based Computer Monitoring. County or preferred third party contractor will install web-based power output monitoring system(s). Contractor agrees to allow access to system output through data-logging equipment as desired by County. Any additional costs related to system monitoring are not included in Scope of Work or Contract Price. Article 2 Project Representatives 2.1 John Gitchell, Environmental Manager shall be Eagle County’s Project Representative and shall be Contractor’s contact with respect to this Agreement. 2.2 Chris Tezanos, Owner / Master Electrician shall be Contractor’s Project Representative and shall be County’s contact with respect to this Agreement. 2.3 Neither County’s nor Contractor’s representative shall be changed with less than ten (10) days prior written notice to the other party. Article 3 Schedule/Milestones and Term of the Agreement 3.1 This Agreement shall commence upon the date first written above and be substantially complete as set forth in paragraph 7.1 no later than July 31st, 2020 (“Contract Time”) unless earlier terminated as set forth herein or extended with written approval of County. 3.2 Within fifteen (15) days of executing this Agreement, the Contractor shall prepare and submit a design and construction schedule for the Work which shall provide for the expeditious and practicable execution of the Work and shall be in a form and content acceptable to County. The schedule shall include realistic activity sequences and durations for design, any associated approvals, delivery of Equipment with long lead-time procurement, installation and interconnection. The schedule shall be consistent with the schedule set forth in Exhibit B and shall not modify the date for completion of the design and engineering set forth in paragraph 1.2(f) above and shall not exceed time limits for final completion set forth in this Agreement. Contractor agrees to furnish the Services in accordance with the schedule and Contractor agrees to furnish the Services in a timely and expeditious manner consistent with the applicable standard of care. By signing below Contractor represents that it has the expertise and personnel necessary to properly and timely perform the Services. 3.3 Contractor shall employ additional labor, services and supervision, including such extra shifts and over time, as may be necessary to maintain and to achieve final payment in accordance with this Agreement on or before July 31st, 2019, all without an increase in the Contract Price (defined below). DocuSign Envelope ID: 544B5890-8C5A-4338-837F-C0D5FAB2231A 5 3.4 Warranty requirements set forth in this Agreement shall commence upon substantial completion of the Work and shall continue thereafter as set forth in this Agreement. 3.5 Contractor agrees that it will not enter into any consulting or other arrangements with third parties that will conflict in any manner with the Services. 3.6 At all times during the performance of the Work, Contractor shall coordinate with County to ensure that the Work does not conflict with or interrupt existing operations (i.e. utility services) and access by the public to the Building for daily operations and events. All Work at the Property shall be scheduled to avoid any conflict or interruption and shall be coordinated in writing with County at least ten (10) days before any Work is to occur. 3.7 Contractor shall complete the Work in a manner which does not conflict with, damage, harm or diminish the structural, architectural, mechanical and electrical integrity of the existing Building. Further, Contractor shall not invalidate any existing warranty for the Building and any of its components including the roof as set forth in paragraph 13.2 hereof. In the event Contractor does conflict with, damage, harm or diminish the structural, architectural, mechanical and electrical integrity of the existing Building, it shall be responsible for repair of the same at its sole expense and repairs shall occur in a manner approved by the County. In the event Contractor fails to timely make such repairs, then County may undertake such repairs and Contractor shall reimburse County for all costs or repair, including professional fees. Article 4 Extension or Modification 4.1 This Agreement may not be amended or supplemented, nor may any obligations hereunder be waived, except by agreement signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services in accordance with County’s internal policies. Accordingly, no course of conduct or dealings between the parties, nor verbal change orders, express or implied acceptance of alterations or additions to the Services, and no claim that County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. In the event that written authorization and acknowledgment by County for such additional services is not timely executed and issued in strict accordance with this Agreement, Contractor’s rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed. 4.2 The Contract Time may be changed only by a change order or written amendment to the Agreement signed by both Parties. No change to the Contract Time shall be valid unless reflected in a written agreement or change order. Neither party shall be liable for any failure of or delay in the performance of this Agreement for the period that such failure or delay is due to causes beyond its reasonable control, including but not limited to, acts of God, war, strikes or labor disputes, embargoes, government orders or any other force majeure event and Contractor shall be entitled to an extension of DocuSign Envelope ID: 544B5890-8C5A-4338-837F-C0D5FAB2231A 6 time, that is agreed upon by both parties in writing, to the extent any such event delays its work on the project. Article 5 Contract Price 5.1 County shall pay Contractor for the Work in a sum computed and payable as set forth in Exhibit A. The Work under this Agreement shall be a stipulated and fixed sum of one-hundred-fifteen thousand six hundred dollars ($115,600) (“Contract Price”). Contractor shall not be entitled to bill at overtime and/or double time rates for work done outside of normal business hours unless specifically authorized in writing by County. The Parties acknowledge that County requires Contractor to design and implement the Project in a manner that complies with requirements imposed by Holy Cross Energy so that the Project can interconnect with Holy Cross Energy’s system. 5.2 County has appropriated funds for this Project in a sum equal to or in excess of the Contract Price. 5.3 Pursuant to the provisions of C.R.S. § 24-91-103.6, and notwithstanding anything to the contrary contained elsewhere in this Agreement, no change order or other form of order or directive by County, and no amendment to this Agreement, requiring additional compensable work to be performed which work or services causes the aggregate amount payable under the Agreement to exceed the amount appropriated for the original Agreement, shall be of any force or effect unless accompanied by a written assurance by County that lawful appropriations to cover the costs of the additional work or Services have been made or unless such work is covered under a remedy-granting provision in the Agreement. 5.4 Eagle County is a governmental entity and all obligations beyond the current fiscal year are subject to funds being budgeted and appropriated. Specifically, notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement, nor shall any payment be made to Contractor in respect of any period after December 31 of each calendar year during the term of this Agreement, without an appropriation therefore by the County in accordance with a budget adopted by the Board of County Commissioners in compliance with the provisions of Article 25 of Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. § 29-1-101 et. seq.), and the TABOR Amendment (Constitution, Article X, Sec. 20). Article 6 Payment Procedures 6.1 Contractor shall submit applications for payment. Applications for payment will be processed as set forth herein. 6.2 County shall make progress payments on account of the Contract Price and as provided in the Contract Documents. All progress payments will be on the basis of the progress of the Work. County shall have the right to request and inspect supporting documentation for progress payments, including but not limited to receipts and invoices evidencing payments of charges associated with the Work. DocuSign Envelope ID: 544B5890-8C5A-4338-837F-C0D5FAB2231A 7 a. The period covered by each application for payment shall be one calendar month beginning on the first of each month and ending on the last day of the month. b. Each application for payment shall be based upon the unit prices, if any, percentage of completion, and Contract Price and otherwise in accordance with the Contract Documents. Each application for payment shall show actual quantities incorporated into the Project for each portion of the Work as of the end of the period covered by such application for payment. c. Prior to completion, County shall authorize partial payments at the end of each calendar month or as soon thereafter as practicable if Contractor is satisfactorily performing the Agreement. d. Progress payments will be in an amount equal to 95% of the Work completed. The withheld percentage of the Contract Price shall be retained until the Agreement is completed satisfactorily and finally accepted by the County. e. Progress payments and retained funds shall occur in compliance with this Agreement and C.R.S. § 24-91-103. f. In taking action on Contractor’s applications for payment, County shall be entitled to rely on the accuracy and completeness of the information furnished by Contractor and shall not be deemed to represent that (i) County has made a detailed examination, audit or arithmetic verification of the documentation submitted by Contractor; (ii) County has made exhaustive or continuous on-site inspections of the Work; or (iii) County has made examination to ascertain how or for what purposes Contractor has used amounts previously paid on the Contract Price. g. At least ten (10) days before each progress payment falls due (but not more often than once a month), Contractor shall submit to County for review an application for payment filled out and signed by Contractor covering the Work completed as of the date of the application, and accompanied by such supporting documentation as is required by this Agreement, and also as County may reasonably require. Each subsequent application for payment shall include an affidavit of Contractor stating that all previous progress payments received on account of the Work have been applied to discharge in full all of Contractor’s obligations reflected in prior applications for payment. h. County will, within ten (10) days after receipt of each application for payment, either indicate in writing a recommendation of payment or return the application to Contractor indicating in writing the reasons for refusing payment. In the latter case, Contractor may make the necessary corrections and resubmit the application. 6.3 Upon final completion and acceptance in accordance with this Agreement, County shall pay the remainder of the Contract Price. The final payment shall not be made until after final settlement of this Agreement has been duly advertised at least ten (10) days prior to such final payment by publication of notice thereof at least twice in a public newspaper of general circulation published in Eagle County, and the Board of County Commissioners has held a public hearing thereon and complied with C.R.S. § 38-26-107. Final payment shall be made in accordance with the requirements of the aforesaid statute. County shall make a final settlement in accordance with C.R.S. § 38-26-107 within sixty days after the Agreement is completed satisfactorily and finally accepted by County. DocuSign Envelope ID: 544B5890-8C5A-4338-837F-C0D5FAB2231A 8 a. After Contractor has completed any corrections or Work identified for completion as part of substantial completion (see paragraph 7.1) to the satisfaction of County, and delivered all maintenance and operating instructions, schedules, guarantees, bonds (or other acceptable surety), certificates of inspection, marked-up record documents, and other documents, all as required by the Contract Documents, Contractor may make application for final payment following the procedure for progress payments. The final application for payment shall be accompanied by all documentation called for in the Contract Documents, and such other data and schedules as County may reasonably require. Payment shall be processed in accordance with C.R.S. §§ 24-91-103 and 38-26-107. Notwithstanding the foregoing, Contractor will provide complete and legally effective lien releases or waivers satisfactory to County. In lieu thereof, and as approved by County, Contractor may furnish receipts or releases in full; an affidavit of Contractor that the releases and receipts include all labor, services, material, and equipment for which lien could be filed, and that all payrolls, material, and equipment bills, and other indebtedness connected with the Work, for which County or its property might in any way be responsible, have been paid or otherwise satisfied; and consent of the surety, if any, to final payment. If any subcontractor, sub-consultant, manufacturer, fabricator, supplier, or distributor fails to furnish a release or receipt in full, Contractor may furnish a bond or other collateral satisfactory to County to indemnify County. b. Before County may advertise for final payment, Contractor shall deliver to County for review: i. All guaranties and warranties; ii. A letter confirming that sales taxes have not been paid for the project; iii. One (1) complete bound set of required operations and maintenance manuals and instructions, if any; iv. One (1) set of as-built drawings; v. Satisfactory evidence that all material bills and subcontractors connected with the Work have been paid with copies of invoice payment receipts and signed lien waivers from subcontractors; vi. A complete and final waiver and/or release of any and all lien rights and liens from each subcontractor of all tiers, material, men, supplier, manufacturer and dealer for all labor, equipment and material used of furnished by each on the Work; vii. Any other documents required to be furnished by the Contract Documents. Upon completion of the foregoing, Contractor’s settlement shall be advertised in accordance with Colorado law. On the date of final settlement thus advertised, and after Contractor has submitted a written notice that no claims have been filed, final payment and settlement shall be made in full. 6.4 County may withhold payments due to Contractor, to such an extent as may be necessary to protect County from loss, because of defective work or material not remedied or the failure of Contractor to carry out the Work in accordance with this Agreement. DocuSign Envelope ID: 544B5890-8C5A-4338-837F-C0D5FAB2231A 9 6.5 Work is occurring on land and property owned by Eagle County. The Contractor acknowledges and agrees that payment shall be made in accordance with C.R.S. §§ 24-91-103 and 38-26-107 and notwithstanding anything to the contrary herein hereby acknowledges that Eagle County property may not be subject to a lien and further waives it right to lien the property. Contractor shall include the language of this paragraph 6.5 in any subcontracts for the Project. 6.6 County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. 6.7 County may refuse to pay the whole, or any part of any payment if, to such extent as may be necessary to protect County from loss because: i. the Work is defective, or completed Work has been damaged requiring correction or replacement; ii. written claims have been made against County, or liens have been filed in connection with the Work; iii. the Contract Price has been reduced because of modifications to the scope of Work; iv. County has been required to correct defective Work, or complete the Work in accordance with paragraph 7.3; v. of Contractor’s unsatisfactory prosecution of the Work in accordance with the Agreement; or vi. Contractor’s failure to make payment to subcontractors, sub-consultants or for labor, materials, or equipment. 6.8 Contractor’s obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. Neither payment of any progress or final payment by County, nor the issuance of a certificate of substantial completion under the Contract Documents, nor any use or occupancy of the Work or any part thereof by County, nor any act of acceptance by County, nor any failure to do so, nor any correction of defective Work by County shall constitute an acceptance of Work not in accordance with the Contract documents or a release of Contractor’s obligation to perform the Work in accordance with the Contract Documents. 6.9 The making and acceptance of final payment shall constitute a waiver of all claims by County against Contractor, except claims arising from: a. unsettled claims or liens; b. faulty or defective Work appearing after final inspection pursuant to paragraph 7.2; or c. from failure to comply with the Contract Documents or the terms of any special guarantees specified therein; DocuSign Envelope ID: 544B5890-8C5A-4338-837F-C0D5FAB2231A 10 d. however, it shall not constitute a waiver by County of any rights in respect of Contractor’s continuing obligations under the Contract Documents; and e. a waiver of all claims by Contractor against County other than those previously made in writing and still unsettled. Article 7 Substantial Completion and Final Inspection 7.1 When Contractor considers the entire Work ready for its intended use, Contractor shall, in writing to County, certify that the entire Work is substantially complete. Within a reasonable time thereafter, County and Contractor shall make an inspection of the Work to determine the status of completion. If County does not consider the Work substantially complete, County will notify Contractor in writing giving its reasons therefor. If County considers the Work substantially complete, County will prepare a certificate of substantial completion which shall fix the date of substantial completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. 7.2 Upon written notice from Contractor that the Work is complete and items to be corrected or completed before final payment have occurred, County and Contractor will make a final inspection, and County will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to remedy such deficiencies. If both parties determine that the Work is complete, Contractor may process an application for final payment. 7.3 Contractor shall promptly correct Work rejected by County as failing to conform to the Agreement and Contractor shall bear the cost of correcting such rejected Work. If Contractor defaults or neglects to carry out the Work in accordance with this Agreement and fails within a seven (7) day period after receipt of written notice from the County to correct or commence to correct such default or neglect with diligence and promptness, the County may, without prejudice to other remedies, correct such deficiencies and Contractor shall be responsible for the cost of such correction. Article 8 Sub-Contractors and Subcontractors 8.1 Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any sub-consultant or subcontractor agreements for the performance of any of the Services or additional services without County’s prior written consent, which may be withheld in County’s sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project. Contractor shall require each sub-consultant or subcontractor, as approved by County and to the extent of the Services to be performed by the sub-consultant or subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any sub-consultant or subcontractor hired by Contractor and Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees and sub- consultants or subcontractors. Nothing contained in the Contract Documents shall be deemed to create any contractual relationship between any subcontractor, sub-consultant of any tier and County. DocuSign Envelope ID: 544B5890-8C5A-4338-837F-C0D5FAB2231A 11 Article 9 Insurance, Indemnification and Bonds 9.1 Contractor agrees to provide and maintain at Contractor’s sole cost and expense, the following insurance coverage with limits of liability not less than those stated below: a. Types of Insurance. i. Workers’ Compensation insurance as required by law. ii. Auto coverage with limits of liability not less than $1,000,000 each accident combined bodily injury and property damage liability insurance, including coverage for owned, hired, and non-owned vehicles. iii. The Contractor shall purchase and maintain such insurance as will protect him from claims set forth below which may arise out of or result from the Contractor’s operations under the Agreement, whether such operations be by himself, or by any sub-consultant or subcontractor, or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: (a) Commercial General Liability coverage to include premises and operations, personal/advertising injury, products/completed operations, broad form property damage with limits of liability not less than $1,000,000 per occurrence and $2,000,000 aggregate limits. (b) Claims for damage because of bodily injury, sickness or disease, or death of any person other than his employees, and claims insured by usual personal injury liability coverage; (c) Claims for damage because of bodily injury, occupational sickness or disease, or death of his employees, and claims insured by usual personal injury liability coverage; (d) Claims for damages because of injury to or destruction of tangible property, including loss of use resulting there from; (e) Overhead fall protection to protect the public in the vicinity of the Project shall be provided either separately or through a general liability or other policy satisfactory to County; (f) Insurance covering claims for damages to persons or property shall be in the following minimum amounts: Bodily Injury Liability: Each Person: $1,000,000 Each Accident or Occurrence: $2,000,000 Property Damage Liability: Each Accident or Occurrence: $1,000,000 Aggregate: $2,000,000 Product and completed Operations DocuSign Envelope ID: 544B5890-8C5A-4338-837F-C0D5FAB2231A 12 Each Occurrence: $1,000,000 Aggregate: $2,000,000 Employer Liability and Occupational Disease $1,000,000 Any one Fire $ 100,000 iv. Contractor’s Liability Insurance issued to and covering the liability for damage imposed by law upon the Contractor and each subcontractor or sub-consultant with respect to all work performed by them under the Agreement. v. The Contractor shall in addition, and in the amounts required, obtain Protective Liability Insurance issued to and covering the liability for damages imposed by law upon the County with respect to all operations under the Agreement by the Contractor or his subcontractors or sub-consultants, including omissions and supervisory acts by the County. vi. Contractor’s Protective Liability Insurance issued to and covering the liability for damages imposed by law upon the Contractor and each sub-consultant or subcontractor with respect to all work under the Agreement performed for the Contractor by sub-consultants and subcontractors. vii. Completed Operations Liability Insurance issued to and covering the liability for damages imposed by law upon the Contractor and each sub-consultant or subcontractor arising between the date of final cessation of the Work, and the date of final acceptance thereof out of that part of the work performed by each. viii. Contractor and its licensed professionals (structural engineers and the like) shall maintain professional liability insurance with prior acts coverage for all Work required hereunder, in a form and with an insurer or insurers satisfactory to County, with limits of liability of not less than $1,000,000 per claim and $2,000,000 in the aggregate. In the event the professional liability insurance is on a claims-made basis, Contractor and its licensed professionals will warrant that any retroactive date under the policy shall precede the effective date of this Agreement. Continuous coverage will be maintained during any applicable statute of limitations for the Work and Project and during any corrective work. b. Contractor shall provide such other insurance as Holy Cross Energy may require of third parties performing work in connecting the panels to Holy Cross Energy equipment and/or facilities. 9.2 Other Requirements. i. The automobile and commercial general liability coverage shall be endorsed to include Eagle County, its associated or affiliated entities, its successors and assigns, elected officials, employees, agents and volunteers as additional insureds. ii. Contractor’s certificates of insurance shall include subcontractors and sub- consultants as additional insureds under its policies or Contractor shall furnish to County separate certificates and endorsements for each sub-consultant or subcontractor. All coverage(s) for subcontractors and sub-consultants shall be subject to the same minimum requirements identified above. Contractor and sub-consultants and subcontractors, if any, shall maintain the foregoing coverage in effect until the Work is completed and at all times thereafter when Contractor may be correcting, removing or replacing defective work. In addition, all such policies shall be kept in force by Contractor and its sub- consultants and subcontractors until the applicable statute of limitations for the Project and the Work has expired. DocuSign Envelope ID: 544B5890-8C5A-4338-837F-C0D5FAB2231A 13 iii. Insurance shall be placed with insurers duly licensed or authorized to do business in the State of Colorado and with an “A.M. Best” rating of not less than A-VII. iv. Contractor’s insurance coverage shall be primary and non-contributory with respect to all other available sources. Contractor’s policy shall contain a waiver of subrogation against Eagle County. v. All policies must contain an endorsement affording an unqualified thirty (30) days notice of cancellation to County in the event of cancellation of coverage. vi. All insurers must be licensed or approved to do business within the State of Colorado and all policies must be written on a per occurrence basis unless otherwise provided herein. vii. Contractor’s certificate of insurance evidencing all required coverage(s) is attached hereto as Exhibit C. Upon request, Contractor shall provide a copy of the actual insurance policy and/or required endorsements required under this Agreement within five (5) business days of a written request from County, and hereby authorizes Contractor’s broker, without further notice or authorization by Contractor, to immediately comply with any written request of County for a complete copy of the policy. viii. Contractor shall advise County in the event the general aggregate or other aggregate limits are reduced below the required per occurrence limit. Contractor, at its own expense, will reinstate the aggregate limits to comply with the minimum limits and shall furnish County a new certificate of insurance showing such coverage. ix. If Contractor fails to secure and maintain the insurance required by this Agreement and provide satisfactory evidence thereof to County, County shall be entitled to immediately terminate this Agreement. x. The insurance provisions of this Agreement shall survive expiration or termination hereof. xi. The Parties hereto understand and agree that the County is relying on, and does not waive or intend to waive by any provision of this Agreement, the monetary limitations or rights, immunities and protections provided by the Colorado Governmental Immunity Act, as from time to time amended, or otherwise available to County, its affiliated entities, successors or assigns, its elected officials, employees, agents and volunteers. xii. Contractor is not entitled to workers’ compensation benefits except as provided by the Contractor, nor to unemployment insurance benefits unless unemployment compensation coverage is provided by Contractor or some other entity. The Contractor is obligated to pay all federal and state income tax on any moneys paid pursuant to this Agreement. DocuSign Envelope ID: 544B5890-8C5A-4338-837F-C0D5FAB2231A 14 9.3 To the fullest extent permitted by law, Contractor shall indemnify and hold harmless County, and its officials, agents and employees, from and against all claims, damages, liabilities, losses, and expenses including, but not limited to, attorney’s fees and costs arising out of, or resulting from, the performance or non-performance of the Work, and including, but not limited to, claims, damages, liabilities, losses, or expenses attributable to bodily injury, sickness, disease, or death, or injury to or destruction of tangible property including the loss of use resulting there from or is caused, in whole or in part, by any negligent act or omission of Contractor, any subcontractor, sub-consultant, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. Nothing in the contract shall be interpreted that the County waives its sovereign immunity granted under Colorado Governmental Immunity Act or other applicable law. 9.4 Contractor shall deliver to the County the bonds (or other acceptable form of surety) required by the Contract Documents with the executed Contract Documents and before starting Work. Notwithstanding anything to the contrary contained in the Contract Documents, County shall have no liability or obligation hereunder unless and until the bonds (or other acceptable form of surety) have been so delivered. 9.5 Contractor shall furnish performance and payment bonds or another form of surety acceptable to the County, each in an amount at least equal to one hundred percent of the Contract Price as security for the faithful performance and payment of all Contractor’s obligations under the Contract Documents. The performance and payment bonds or another form of surety acceptable to the County shall be provided to the County prior to commencement of the Work. In the event Contractor is unable to supply bonds or other form of surety acceptable to the County prior to commencement of the Work, County may immediately terminate this Agreement and neither party shall have any obligation to the other under this Agreement. These bonds or other form of acceptable surety shall remain in effect at least until final payment as set forth in Contract Documents and any final claims are satisfied. Contractor shall also furnish other bonds as are required by the Contract Documents. All bonds or other form of acceptable surety shall be in the forms prescribed by the Contract Documents, and be executed by such sureties as (a) are licensed to conduct business in the state where the project is located, and (b) are named in the current list of “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies” as published in Circular 570 (amended) by the Audit Staff Bureau of Accounts, U.S. Treasury Department. All bonds signed by an agent must be accompanied by a certified copy of the authority to act. The bonds or other form of acceptable surety shall be conditioned upon the faithful performance of the Contract Documents, and, in addition, shall provide that, if the Contractor or his or her subcontractor or sub-consultant fails to duly pay for any labor, materials, team hire, sustenance, provisions, provender, or other supplies used or consumed by Contractor or his or her subcontractors or sub-consultants in the performance of the Work contracted to be done or fails to pay any person who supplies laborers, rental machinery, tools, or equipment, all amounts due as the result of the use of such laborers, machinery, tools or equipment in the prosecution of the Work, the surety will pay the same in an amount not exceeding the sum specified in the bond or other acceptable form of surety together with interest at the rate of eight percent per annum as may be required by Colorado law. Further, bonds or other form of acceptable surety shall be conditioned such that Contractor shall at all times promptly make payments of all amounts lawfully due to all persons supplying or furnishing such person or such person’s subcontractors with labor, laborers, materials, rental machinery, tools, or equipment used or performed in the prosecution of the Work and Contractor shall indemnify and save County harmless to the extent of any payments in connection with the carrying out the Contract which County may be required to make under the law. Subcontractors, sub-consultants, material men, mechanics, suppliers of rental equipment, and others may have a right of action for amounts lawfully due them from the Contractor or subcontractor directly against the principal and surety. DocuSign Envelope ID: 544B5890-8C5A-4338-837F-C0D5FAB2231A 15 If the surety is declared bankrupt, or becomes insolvent, or its right to do business is terminated in any state where any part of the project is located, or it ceases to meet the requirements of clauses (a) and (b) of paragraph 9.5, Contractor shall within five (5) days thereafter substitute another bond and surety, both of which shall be acceptable to County. Article 10 Ownership of Documents 10.1 All documents prepared by Contractor in connection with the Services shall become property of County. Contractor shall execute written assignments to County of all rights (including common law, statutory, and other rights, including copyrights) to the same as County shall from time to time request. For purposes of this paragraph, the term “documents” shall mean and include all manuals, warranties, operating guides, reports, plans, studies, tape or other electronic recordings, drawings, sketches, estimates, data sheets, maps and work sheets produced, or prepared by or for Contractor (including any employee, subcontractor or sub-consultant in connection with the performance of the Services and additional services under this Agreement). Contractor shall use best efforts to provide Documents to County in electronic format. Article 11 Notice 11.1 Any notice required by this Agreement shall be deemed properly delivered when (i) personally delivered, or (ii) when mailed in the United States mail, first class postage prepaid, or (iii) when delivered by FedEx or other comparable courier service, charges prepaid, to the parties at their respective addresses listed below, or (iv) when sent via facsimile so long as the sending party can provide facsimile machine or other confirmation showing the date, time and receiving facsimile number for the transmission, or (v) when transmitted via e-mail with confirmation of receipt. Either party may change its address for purposes of this paragraph by giving five (5) days prior written notice of such change to the other party. COUNTY: Eagle County, Colorado Attention: John Gitchell, Environmental Manager 500 Broadway Post Office Box 850 Eagle, CO 81631 Telephone: 970-328-8766 Facsimile: 970-328-7185 E-Mail: john.gitchell@eaglecounty.us With a copy to: Eagle County Attorney 500 Broadway Post Office Box 850 Eagle, CO 81631 DocuSign Envelope ID: 544B5890-8C5A-4338-837F-C0D5FAB2231A 16 Telephone: 970-328-8685 Facsimile: 970-328-8699 E-Mail: atty@eaglecounty.us CONTRACTOR: Green Electrical Solutions, LLC. Attention: Chris Tezanos Address: 204 Park Ave, Unit 1L, Basalt, CO 81621 Telephone: 970 963-1420 Facsimile: 970 963-1496 E-Mail: chris@greenelectrical.solutions Article 12 Coordination 12.1 Contractor acknowledges that the development and processing of the Services for the Project may require close coordination between various contractors and consultants. Contractor shall coordinate the Services required hereunder with the other contractors and consultants that are identified by County to Contractor from time to time, and Contractor shall immediately notify such other contractors or consultants, in writing, of any changes or revisions to Contractor’s work product that might affect the work of others providing services for the Project and concurrently provide County with a copy of such notification. Contractor shall not knowingly cause other contractors or consultants extra work without obtaining prior written approval from County. If such prior approval is not obtained, Contractor shall be subject to any offset for the costs of such extra work. Article 13 Warranty 13.1 Contractor warrants and guarantees that title to all Work, and Equipment covered by any application for payment, whether incorporated in the Project or not, will pass to County at the time of payment free and clear of all liens, claims, security interests, and encumbrances. Notwithstanding the foregoing, Contractor assumes all risk of loss with respect to the Equipment until the Equipment is installed and County has inspected and approved the same. 13.2 The Parties acknowledge and agree that the Work is occurring on an existing Building and that Contractor shall be solely responsible for ensuring that its design and installation or any Work performed by it does not invalidate, void or diminish any existing warranty for the Building including any warranty on the roof for the Building. In the event any warranty is invalidated, voided or diminished due to any act or omission of the Contractor, its employees, agents, sub-consultants, subcontractors or anyone working on its behalf, then Contractor shall be solely responsible for any claim, damage, liability that would have otherwise been covered by such warranty during the remaining term of such warranty. 13.3 Contractor warrants and guarantees to County that all Work will be in accordance with this Agreement and will not be defective. Prompt notice of all defects shall be given to Contractor. Contractor warrants to County that (i) Equipment furnished under the Contract Documents shall be of DocuSign Envelope ID: 544B5890-8C5A-4338-837F-C0D5FAB2231A 17 highest quality and new unless otherwise required or permitted by the Contract Documents; (ii) the Work shall be free from defects and deficiencies; (iii) the Work shall conform to the requirements of the Contract Documents, applicable laws and applicable permits; and (iv) the Work shall be performed in a good and workman like manner and in accordance with any manufacturer requirements and specifications to ensure any manufacturer warranties are in full force and effect. 13.4 If, within one (1) year after the date of substantial completion, or such longer period of time as may be prescribed by law, or by the terms of any applicable special guarantee required by the Contract Documents, or by any other specific provision of the Contract Documents, any Work is found to be defective, Contractor shall promptly, without cost to County, and in accordance with County’s written instructions, either correct such defective Work, or, if it has been rejected by County, remove it from the site, and replace it with non-defective Work. The County shall notice the Contractor of any circumstances that might involve a claim against Contractor’s Workmanship Warranty. The County and Contractor shall work together to identify warranty responsibility, if applicable. Contractor shall correct or repair damage to any other work or property caused by such defects or the repairing of such defects. If Contractor does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, County may have the defective Work corrected or the rejected Work removed and replaced, and all direct and indirect costs of such removal and replacement, including compensation for additional professional services, shall be paid by Contractor. This obligation shall survive both final payment for the Work or designated portion thereof and termination of this Agreement. See Exhibit G. 13.5 In addition to the warranties from Contractor as set forth in paragraphs 13.3 and 13.4 above, all guarantees and warranties of Equipment furnished to Contractor or any sub-consultant or subcontractor by any manufacturer or supplier are for the benefit of County. Contractor shall be responsible for assisting County with proactively processing any warranty claims with the manufacturer of the Equipment during the life of the Equipment warranty and without cost to County. Such assistance shall include administration of manufacturer warranty and reimbursements covered therein for work outside of Contractor’s Workmanship Warranty only. Contractor shall supply County with the date of purchase of all Equipment and bill of sale/sales receipt as evidence of purchase, any warranty certificates issued by the manufacturers, installation documentation, and official maintenance and installation instructions. Further, documentation supplied to County shall contain model information and serial numbers as required by manufacturers. Contractor shall supply County with such other or further information or documentation as may be necessary to process any warranty claim with any manufacturer. Contractor shall, upon request of County and to the extent assignable, assign manufacturer warranties to County. If Contractor fails to timely respond to any request to assign, then this paragraph shall be deemed Contractor's consent to such assignment and County and any manufacturer of Equipment may rely upon this paragraph as Contractor's consent to assignment. Contractor shall not be responsible for manufacturer warranties or any associated costs in the case that a manufacturer is no longer in business or no longer supports a particular product line. a. In addition to the Contractor’s warranty set forth in this Article 13, solar panels include a ten (10) year workmanship warranty from Manufacturer and a twenty-five (25) year limited power warranty which is guaranteed at eighty (80%) percent power output. The details of the ten (10) year workmanship warranty from Manufacturer and the twenty-five (25) year Equipment warranty is set forth in Exhibit D. DocuSign Envelope ID: 544B5890-8C5A-4338-837F-C0D5FAB2231A 18 b. In addition to the Contractor’s warranty set forth in this Article 13, inverters include a twenty (20) year extended equipment workmanship warranty from Manufacturer, as set forth in Exhibit E. c. In addition to the Contractor’s warranty set forth in this Article 13, the PV Mounting System includes a twenty-five (25) year material and workmanship warranty as described in Exhibit F. d. In addition to the Contractor’s warranty set forth in Article 13, the Solar Edge Optimizer warranty as described in Exhibit E. 13.6 Guarantees and warranties shall not be construed to modify or limit any rights or actions County may otherwise have against Contractor in law or in equity. Article 14 Termination 14.1 County may terminate this Agreement, in whole or in part, at any time and for any reason, with or without cause, and without penalty therefore with seven (7) calendar days’ prior written notice to the Contractor. Upon receipt of such notice, and except as otherwise directed by County, Contractor shall in good faith, and to the best of its ability, do all things necessary in light of such notice to assure the efficient and proper closeout of the Work including, but not limited to, a. stop the Work on the date and to the extent specified in the notice; b. place no further orders or subcontracts for services, equipment or materials except as may be necessary for completion of such portion of the Work not terminated; c. terminate all orders and subcontracts to the extent they relate to the performance of Work terminated. Upon termination of this Agreement, Contractor shall immediately provide County with all documents as defined in Article 10 hereof, in such format as County shall direct and shall return all County owned materials and documents. County shall pay Contractor for Services satisfactorily performed to the date of termination. Contractor shall be solely responsible to pay any associated equipment restocking fees associated with termination and entitled to recover any refund associated with the equipment return associated with the termination. Article 15 Venue, Jurisdiction and Applicable Law 15.1 Any and all claims, disputes or controversies related to this Agreement, or breach thereof, shall be litigated in the District Court for Eagle County, Colorado, which shall be the sole and exclusive forum for such litigation. This Agreement shall be construed and interpreted under and shall be governed by the laws of the State of Colorado. DocuSign Envelope ID: 544B5890-8C5A-4338-837F-C0D5FAB2231A 19 Article 16 Other Contract Requirements 16.1 Contractor shall be responsible for completeness and accuracy of the Work and shall correct, at its sole expense, all significant errors and omissions in performance of the Work. The fact that the County has accepted or approved the Work shall not relieve Contractor of any of its responsibilities. Contractor shall perform the Work in a skillful, professional and competent manner and in accordance with the standard of care, skill and diligence applicable to contractors performing similar services. Contractor represents and warrants that it has the expertise and personnel necessary to properly perform the Work and shall comply with the highest standards of customer service to the public. This paragraph shall survive termination of this Agreement. 16.2 Contractor agrees to work in an expeditious manner, within the sound exercise of its judgment and professional standards, in the performance of this Agreement. Time is of the essence with respect to this Agreement. 16.3 This Agreement constitutes an agreement for performance of the Work by Contractor as an independent contractor and not as an employee of County. Nothing contained in this Agreement shall be deemed to create a relationship of employer-employee, master-servant, partnership, joint venture or any other relationship between County and Contractor except that of independent contractor. Contractor shall have no authority to bind County. 16.4 Contractor represents and warrants that at all times in the performance of the Services, Contractor shall comply with any and all applicable laws, codes, rules and regulations. 16.5 This Agreement contains the entire agreement between the parties with respect to the subject matter hereof and supersedes all other agreements or understanding between the parties with respect thereto. 16.6 Contractor shall not assign any portion of this Agreement without the prior written consent of the County. Any attempt to assign this Agreement without such consent shall be void. 16.7 This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective permitted assigns and successors in interest. Enforcement of this Agreement and all rights and obligations hereunder are reserved solely for the parties, and not to any third party. 16.8 No failure or delay by either party in the exercise of any right hereunder shall constitute a waiver thereof. No waiver of any breach shall be deemed a waiver of any preceding or succeeding breach. 16.9 The invalidity, illegality or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision hereof. 16.10 Contractor shall maintain for a minimum of three years, adequate financial and other records for reporting to County. Contractor may be subject to financial audit county auditors or their designees. DocuSign Envelope ID: 544B5890-8C5A-4338-837F-C0D5FAB2231A 20 Contractor authorizes such audits and inspections of records during normal business hours, upon 48 hours’ notice to Contractor. Contractor shall fully cooperate during such audit or inspections. 16.11 The signatories to this Agreement aver to their knowledge, no employee of the County has any personal or beneficial interest whatsoever in the Services or Property described in this Agreement. The Contractor has no beneficial interest, direct or indirect, that would conflict in any manner or degree with the performance of the Services and Contractor shall not employ any person having such known interests. 16.12 The Contractor, if a natural person eighteen (18) years of age or older, hereby swears and affirms under penalty of perjury that he or she (i) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (ii) to the extent applicable shall comply with C.R.S. § 24-76.5-103 prior to the effective date of this Agreement. 16.13 The intent of this Agreement and any exhibits is to include all items reasonably necessary for the proper execution and completion of the Services. This Agreement and any exhibits are complementary and what is required by any one shall be binding as if required by all. Based on Contractor’s careful review of the Agreement and exhibits, Contractor acknowledges that the Agreement and exhibits require the construction of a completed Project in accordance with the terms hereof. 16.14 Contractor shall perform all Services required by this Agreement or reasonably inferable therefrom, for the complete construction and installation of the Project. 16.15 In order to induce County to enter into this Agreement, Contractor makes the following representations: a. Contractor has familiarized himself with the intended purpose and use of the Equipment, nature and extent of the Contract Documents, Work, locality, and with all local conditions, and federal, state, and local laws, ordinances, rules and regulations that in any manner may affect cost, progress, or performance of the Work. b. Contractor has made, or caused to be made, examinations, investigations, and tests and studies of such reports and related data as he deems necessary for the performance of the Work at the Contract Price, within the Contract Time, and in accordance with other terms and conditions of the Contract Documents; and no additional examinations, investigations, tests, reports, or similar data are, or will be required by Contractor for such purposes. c. Contractor has correlated the results of all such observations, examinations, investigations, tests, reports, and data with the terms and conditions of the Contract Documents. d. Contractor has given County written notice of all conflicts, errors, or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by County is acceptable to Contractor. e. Contractor represents and warrants that it holds a license, permit or other special license, as required by law, to perform the Work required under the Contract Documents and shall keep and maintain such licenses, permits and special licenses in good standing and in full force and effect at all times while Contractor is performing the Work under the Contract Documents. DocuSign Envelope ID: 544B5890-8C5A-4338-837F-C0D5FAB2231A 21 16.16 Colorado labor shall be employed to perform the Work to the extent of not less than eighty (80%) percent for each type or class of labor. For purposes of this provision “Colorado labor” means any person who is a resident of the state of Colorado at the time of employment, without discrimination as to race, color, creed, sex, age or religion. 16.17 The Contractor and its sub-consultants or subcontractors will not discriminate against any applicant or employee or because of race, creed, color, national origin, sex, marital status, religion, ancestry, mental or physical disability or age. 16.18 In the event of a conflict between any exhibit and this Agreement, this Agreement shall control. Further, any provision of this Agreement which may require observance after final payment shall continue in force and effect after final Payment. Article 17 Prohibitions on Government Contracts 17.1 As used in this Article 17, the term undocumented individual will refer to those individuals from foreign countries not legally within the United States as set forth in C.R.S. § 8-17.5-101, et. seq. If Contractor has any employees or subcontractors, Contractor shall comply with C.R.S. § 8-17.5-101, et. seq., and this Agreement. By execution of this Agreement, Contractor certifies that it does not knowingly employ or contract with an undocumented individual who will perform under this Agreement and that Contractor will participate in the E-verify Program or other Department of Labor and Employment program (“Department Program”) in order to confirm the eligibility of all employees who are newly hired for employment to perform Services under this Agreement. a. Contractor shall not: i. Knowingly employ or contract with an undocumented individual to perform Services under this Agreement; or ii. Enter into a subcontract that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an undocumented individual to perform work under the public contract for services. b. Contractor has confirmed the employment eligibility of all employees who are newly hired for employment to perform Services under this Agreement through participation in the E-Verify Program or Department Program, as administered by the United States Department of Homeland Security. Information on applying for the E-verify program can be found at: https://www.uscis.gov/e-verify c. Contractor shall not use either the E-verify program or other Department Program procedures to undertake pre-employment screening of job applicants while the public contract for services is being performed. DocuSign Envelope ID: 544B5890-8C5A-4338-837F-C0D5FAB2231A 22 d. If Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an undocumented individual, Contractor shall be required to: i. Notify the subcontractor and County within three (3) days that Contractor has actual knowledge that the subcontractor is employing or contracting with an undocumented individual; and ii. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to subparagraph (i) of the paragraph (d) the subcontractor does not stop employing or contracting with the undocumented individual; except that Contractor shall not terminate the contract with the subcontractor if during such three (3) days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an undocumented individual. e. Contractor shall comply with any reasonable request by the Department of Labor and Employment made in the course of an investigation that the department is undertaking pursuant to its authority established in C.R.S. § 8-17.5-102(5). f. If Contractor violates these prohibitions, County may terminate the Agreement for breach of contract. If the Agreement is so terminated specifically for breach of this provision of this Agreement, Contractor shall be liable for actual and consequential damages to County as required by law. g. County will notify the Colorado Secretary of State if Contractor violates this provision of this Agreement and County terminates the Agreement for such breach. [REST OF PAGE INTENTIONALLY LEFT BLANK] DocuSign Envelope ID: 544B5890-8C5A-4338-837F-C0D5FAB2231A 23 IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first set forth above. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: ______________________________ Kathy Chandler-Henry, Chair Attest: By: _________________________________ Regina O’Brien, Clerk to the Board CONTRACTOR: Green Electrical Solutions, LLC. By:________________________________ Print Name: _________________________ Title: ______________________________ DocuSign Envelope ID: 544B5890-8C5A-4338-837F-C0D5FAB2231A Owner Chris Tezanos 24 EXHIBIT A Scope of Services, Fees Contractor is to provide a turn-key photovoltaic solar energy system at the Building as more fully set forth in the Contract Documents. The system must be designed to handle 90 mile per hour wind three second burst and snow load of 40 pounds per square foot. Photovoltaic panel information must specify a low-reflectivity albedo index, and mounting system will avoid roof penetration for a clean look. Contractor shall provide plans stamped by a Colorado-licensed structural engineer demonstrating structural load capacity requirements, coordination with any snow cleats and other snow shedding management devices on, and attachment design and equipment details which preserve the integrity, function and warranties existing on the Building. Contractor will also provide electrical plans designed and stamped by a Colorado-licensed electrical engineer to the satisfaction of Eagle County and Holy Cross Energy prior to commencement of construction. General Facility Description: Location: Snow Removal Equipment Building located at the Eagle County Regional Airport, 221 Eldon Wilson Road, Gypsum, Colorado 81637 Size: 70.4 kWdc Estimated Year 1 Production: 98,560 kWh Major Equipment components include: (176) Jinko 400 watt modules as described in Exhibit D. (88) Solar Edge P860 Power Optimizers with warranty as described in Exhibit E. (4) Solar Edge 14.4 KW Inverters with warranty as described in Exhibit E. (1) PV Mounting System (Iron Ridge) with 25 year material and workmanship warranty as described in Exhibit F. Scope of Services includes all design and engineering, permitting, and approvals from applicable permitting authorities and obtaining interconnect approvals from Holy Cross Energy, PV equipment purchase and installation including Major Equipment listed above, mounting structure, conduit, wiring, disconnects as required, all AC interface, utility interconnection and warranty coverage as set forth in the Contract Documents. Contractor will install Equipment in a manner that does not adversely impact the Alliance Steel Building System warranties for the building as found in Exhibit G. Fixed Fee for Turn Key system is $115,600. DocuSign Envelope ID: 544B5890-8C5A-4338-837F-C0D5FAB2231A DocuSign Envelope ID: 544B5890-8C5A-4338-837F-C0D5FAB2231A Down Payment Final design Engineering Permitting Rebates and applications Equipment purchase Installation Holy Cross Commission/ Walkthrough Week 1 Week 2 Week 3 Week 4 March 2020 April Week 1 April Week 2 April Week 3 April Week 4 Approval Inspections/ HC/meter PHASE 1 Upon acceptance Green Electrical Solutions will immediately begin the permitting, approval and procurement process. PHASE 2 Build and commissioning will be executed in less than a month COMPLETE TIMELINE FOR 70.4 KW PV SYSTEM AT THE SRE BUILDING, EAGLE COUNTY AIRPORT GYPSUM COLORADO DocuSign Envelope ID: 544B5890-8C5A-4338-837F-C0D5FAB2231A PROPOSAL FOR DESIGN AND CONSTRUCTION OF A SOLAR PHOTOVOLTAIC SYSTEM AT THE SRE BUILDING, EAGLE COUNTY REGIONAL AIRPORT GYPSUM, COLORADO. To Whom it may concern, We are pleased to submit our PV proposal for your review. Green Electrical Solutions (GES) is a Colorado licensed electrical contracting company (EC #8202) with a NAPCEP certified solar division. We have completed hundreds of electrical and solar permits in the greater mountain region and Eagle county. GES will be the sole contractor for both AC interconnection and the rooftop PV array install. Our office is located at 204 Park Ave. Unit 1L Basalt, CO in Eagle County. We closely monitor our PV systems, and have the location and staff that allow us the ability to respond to any potential issues. We have selected the Jinko PV module for its high module power and robust performance. Jinko is a world leader in commercial PV. The anti reflective coating on the front glass make Jinko a great choice near airport activity. We have added additional monitoring from the eGuage System producing revenue grade consumption and production metering. The monitoring can be displayed on the web, allowing anyone with the credentials to view. The monitoring can be added to social media and websites as well. All relative costs are included in our proposal and there is no annual fee for this service. Thank you for the opportunity, we look forward to working with you, Sincerely, Christopher Tezanos Green Electrical Solutions GES YES! 970-927-VOLT (8658) 204 Park Ave. Unit 1L Basalt Colorado 81621 DocuSign Envelope ID: 544B5890-8C5A-4338-837F-C0D5FAB2231A 1 2 3 4 HOLY CROSS METER OUTDOOR (INDOOR, EXISTING) (4) SOLAREDGE 14.4 INVERTERS (INDOOR,NEW) SITE PLAN LEGEND 5 PO-221 ELDON GRID-TIED SOLAR POWER SYSTEM TOWN OF GYPSUM SRE BUILDING221 ELDON WILSON RD.GYPSUM, COLORADO, 81637SITE MAP DATE: 9/25/2019 CREATOR: JAY BURE REVIEWER: CHRIS TEZANOS REVISIONS PV-100 176 PV MODULES-172 DEGREES/4.76 DEGREE SLOPE PROJECT INFORMATION SITE ADDRESS: UTILITY COMPANY: ELECTRICAL SERVICE: 221 ELDON WILSON RD, GYPSUM, CO, 81637 HOLY CROSS ENERGY 120/208 THREE PHASE ELECTRICAL POPERTIES MODULE: INVERTER(S): DC POWER RATING: MAX. AC OUTPUT: JINKO 400 (4) 14.4 SOLAREDGE 70.4 KW 160 AMPS 600 AMP EATON PRL 4 PANEL BOARD MDP (INDOOR, EXISTING) 2 3 41 4 COMBINER PANEL AND PRODUCTION METER (INDOOR,NEW) DocuSign Envelope ID: 544B5890-8C5A-4338-837F-C0D5FAB2231A Green Electrical Solutions PO Box 3435 Basalt, CO 81621 US (970) 379-3348 chris@greenelectrical.solutions Proposal ADDRESS John Gitchell Eagle County 221 Eldon Wilson Rd. Gypsum, Colorado 81637 PROPOSAL #1381 DATE 09/27/2019 EXPIRATION DATE 10/28/2019 ACTIVITY QTY RATE AMOUNT Work to be performed at the Eagle County Airport, 221 Eldon Wilson Rd., Gypsum CO, 81637 (SRE Building) 01 Plans and Permits Request electrical permit and schedule inspections for a 70.4 KW grid tie solar system. Facilitate Holy Cross interconnection agreement and Holy Cross incentive (subject to qualification and availability) 1 0.00 0.00 03 DC Solar Provide and install: (176) Jinko 400 watt modules (subject to availability). (88) SolarEdge P860 Optimizers. (4) SolarEdge 14.4 KW inverters. The inverter infrastructure allows for approximately 7.2KW to be added to the proposed system. -Engineered flush mount racking. -AC production meter, combiner panel, circuitry, conduit, wiring and interconnection. Exterior and interior surface conduit will be necessary. GREEN ELECTRICAL SOLUTIONS IS A COLORADO ELECTRICAL CONTRACTING COMPANY (EC lICENSE #8202) AND WILL BE THE SOLE CONTRACTOR FOR BOTH AC INTERCONNECTION AND ROOFTOP PV ARRAY INSTALL. 115,600.00 115,600.00 Holy Cross Rebate Holy Cross incentive deferred to Green Electrical Solutions paid upon completion (if available). 0 37,500.00 0.00 INCLUSIONS: DocuSign Envelope ID: 544B5890-8C5A-4338-837F-C0D5FAB2231A ACTIVITY QTY RATE AMOUNT -GES Solar 10 year workmanship warranty. -Jinko 25 year limited power warranty and 10 year workmanship. -SolarEdge inverter 20 year extended manufacturer warranty. -SolarEdge optimizer 25 year warranty. -Iron Ridge 25 Year warranty. -Eguage AND Solaredge online monitoring. Eguage 5 year extended warranty. -Letter from structural engineer that the existing roof is capable of supporting the additional load of the solar panels. EXCLUSIONS (IF NECESSARY): -Reflectivity study. -Repair of drywall or paint. -Structural reinforcement of building. $46,240.00 is due upon acceptance, $31,860.00 upon delivery of materials and $37,500.00 (Holy Cross incentive) is deferred to Green Electrical Solutions at completion of project (if customer qualifies). TOTAL $115,600.00 Accepted By Accepted Date 9/27/2018Proposed DateGreen Electrical Solutions signature DocuSign Envelope ID: 544B5890-8C5A-4338-837F-C0D5FAB2231A List of similar or related projects completed Provided are a few of Green Electrical Solutions PV installs Pitkin County Public works Green Electrical Solutions was subcontracted to provide the 400 AMP AC interconnection on the line side of the 1000 amp service for their 100 KW rooftop arrays. We also subcontracted employees to assist in the PV array install. 06 Silver Spruce Dr., Carbondale CO 81623 Brad Tucker (303) 694-9300 Brad@colobikelaw.com Provide and install AC and DC for a 40.475 KW system at 4 arrays on a standing seam metal roof, backfed on 2 meters. 5333 County Rd. 100, Carbondale CO 81623 Doug Lasstier (970) 618-2080 lassiterelectric@gmail.com Provide and install AC and DC for a 29.565 KW system at 3 arrays on a corrugated metal roof, backfed on 2 meters. ​GES YES! 970-927-VOLT (8658) 204 Park Ave. Unit 1L Basalt Colorado 81621 DocuSign Envelope ID: 544B5890-8C5A-4338-837F-C0D5FAB2231A 13 Silver Spruce, Carbondale CO 81623 Travis Stewart (970) 309-1515 tjs@ws-materials.com Provide and install AC and DC for a 22.5 KW system at 1 array on a standing seam metal roof, backfed on 1 meters. 04 Redwing, Carbondale CO 81623 Kurk Williams (970)​619-4640 kurt kirkwilliams@hangar45.com Provide and install AC and DC for a 22.715 KW system at 5 arrays on a standing seam Asphalt roof, backfed on 1 meters. ​GES YES! 970-927-VOLT (8658) 204 Park Ave. Unit 1L Basalt Colorado 81621 DocuSign Envelope ID: 544B5890-8C5A-4338-837F-C0D5FAB2231A Additional References We will provide more references upon request -Phillip M Ring LEED AP Ring Development Services 970.948.3464 phillip@rds-aspen.com -Jack Forster (see attachment) Alpine Property 970-923-5860 ect. 209 jforster@alpineproperty.com https://www.alpineproperty.com/ -Kenneth Adler, KA DesignWorks 970.948.9510 ken ADLER AIA-KAdesignworks INC Aspen COLORADO http://www.ka-designworks.com/ GES is our go to source for electrical and solar installation. They did the electrical installation on my custom built home over a decade ago, and have continued to provide excellent service and updates over the years. More recently they installed in rooftop solar system, which has dramatically reduced our electric bills. We have also worked together professionally to develop lighting layouts for numerous new homes and remodels, and have found GES to very adept at suggesting innovative lighting solutions. As an architect I can appreciate the quality of their work as well as expertise. - Kennith Alder Testimonials below- “Green Electrical Solution was very efficient with the install of our solar system. Jay was our main contact. When he scheduled work he stuck to his timeline. He was very pleasant to communicate with and the project was well-managed.” Larry and Marilyn Kennedy Carbondale Colorado ​GES YES! 970-927-VOLT (8658) 204 Park Ave. Unit 1L Basalt Colorado 81621 DocuSign Envelope ID: 544B5890-8C5A-4338-837F-C0D5FAB2231A “I first started working with (Jay Bure) Solar Solutions in 1994 when I was designing an off grid home outside of Fort Collins. Jay was not yet the owner, but he would soon work his way up through the ranks and purchase the business. Along the way he and I worked together on several off grid solar homes and other projects involving solar PV, solar thermal and wind generating systems. No matter what he was working on, Jay was always extremely thorough, highly competent and knowledgeable. The quality of his workmanship is first rate, and all of the systems he built years ago are still running smoothly with a bare minimum of maintenance. I would recommend Jay and Solar Solutions for any renewable energy project, whether it be working with PV, wind or water to harness the power of the sun.” Alex Blackmer President, Colorado Renewable Energy Society Executive Director, The Atmosphere Conservancy “(Jay Bure) Solar Solutions designed and installed a solar water heating system when I rebuilt my front porch in 2009. The project was a success- on time, under budget and first class, which can be quite difficult when the platform is a 100 year old house. I was pleased to have Solar Solutions design and install my photovoltaic system several years later on my new garage/greenhouse- once again total satisfaction. There is no better testimonial than repeat business. I highly recommend Solar Solutions.” Peter Michael Cheyenne Wyoming “Jay installed a set of solar panels in my backyard and I had a very positive experience with him during this project. He was prompt, efficient, and courteous, and he was effective in communicating with me in terms of the options I had for installing photovoltaic panels and with respect to various guidelines, inspections, and tasks that needed to be completed. He kept to the original schedule that we developed for installation. The panels have been operating for several years now and I have had no problems with them: on the contrary, they withstood a very damaging hail storm that caused every house roof in my neighborhood to be replaced. I highly recommend Jay as a skilled and efficient expert on solar systems.” Ellen Wohl Fort Collins Colorado “I do want to thank you (Jay Bure) and Solar Solutions for the enthusiasm and quality workmanship shown in setting up our alternative energy installations. (Solar Heating/ DHW and PV Grid tie systems) Keeping our installations simple and conservative,… (The solar systems have) maintained physical stability in the face of the frequent wind micro-bursts this side of the mountains … I am thinking of the next PV expansion phase something to drive a fuel cell, and will let you know when I get to planning the design.” Bob Stottlemeyer Redstone Canyon Colorado ​GES YES! 970-927-VOLT (8658) 204 Park Ave. Unit 1L Basalt Colorado 81621 DocuSign Envelope ID: 544B5890-8C5A-4338-837F-C0D5FAB2231A Names and qualifications of individuals that will perform the work Chris Tezanos -Master electrician/NABCEP certified Chris is the owner of Green Electrical Solutions, and has been in the valley for 23 years. Son of an electrical contractor from Buffalo, NY as well as a father of three children. He has been in the electrical field starting back in his teenage years. Currently a Colorado master electrician as well as a certified NABCEP PV installer. Chris will be involved in every part of the project. Jay Bure -Solar division partner and lead on all Green Electrical Solutions installs. - NABCEP Certified PV Technical Sales Professional - NABCEP Certified Solar Heating Installer - Jay has been involved in the solar industry since 2000 installing and designing PV and thermal solar systems. - Proud father of four children. Dylan Webber -Colorado state licensed Journeyman electrician. -Extensive commercial and residential PV install experience. -2 years of residential PV installations with Solar City. Dylan and his team were Installing an average of 200 KW/month. -2 years commercial PV installs with Solar City as project manager, team lead and/or project electrician. Dylan's PV experience includes 20 PV systems ranging from 600 KW to 2.5 megawatts. His installs included roof mount, ground mount fixed, ground mount tracking and carports system projects. Below are some of the Solar projects Dylan has experience with: -HEB Distribution center Weslaco Texas. System size-over a megawatt. Job description-PV Install, troubleshoot and commision system. -HEB Distribution San Marcos Texas. System size-3 megawatts. GES YES! 970-927-VOLT (8658) 204 Park Ave. Unit 1L Basalt Colorado 81621 DocuSign Envelope ID: 544B5890-8C5A-4338-837F-C0D5FAB2231A Job description-PV Install, troubleshoot and commision rooftops -Pima county community college System size-400 KW. Job description-Electrician/crew lead on AC and PV install. Mesa Community College System size-1.6 MW Carport Job description-Project manager/ Crew lead and Electrician lead. Chandler gilbert community college System size->Megawatt Job description-Project manager/ PV Crew lead and Electrician lead. (5) Albertsons in the greater Phoenix area System sizes- 250KW-500KW Job description-Project manager/ PV Crew lead and Electrician lead. Lehi National guard Utah (Camp williams utah) System size- 600KW PV Job description-system install and commissioning. (10) Walmart rooftops in CO, AZ, CA System sizes=200KW-900KW Job description-Installer, project lead When Dylan is not working he enjoys time at his cabin here in Colorado with his son Vincent. Bryan Smith - Local resident of 27 years. - Licensed Electrician. - Builder in the Roaring Fork Valley for 14 years. - Top of his electrical class 3 semesters running. -Avid mountain biker, snowboarder and outdoorsman. -Proud father of two children. GES YES! 970-927-VOLT (8658) 204 Park Ave. Unit 1L Basalt Colorado 81621 DocuSign Envelope ID: 544B5890-8C5A-4338-837F-C0D5FAB2231A Nick Valenze (Grid tie Nick) -PV installer with over 100 PV installs. -4 year electrical apprentice -Completed required 2 year electrical schooling program. -Snowboarder, bass player in a local band, mountain biker and all around athlete. Adam Wano -Born and raised in Colorado. - Licensed Residential Wireman. - US Marine/Veteran of foreign wars. - Certified Lutron lighting system designer and programmer. - Licensed heavy machine operator. -Happily married and proud father of two children. Dave Shinn -Employee of Green Electrical Solutions since 2011. -Heavy rooftop experience including solar installs. -Lifetime flyfisher. -Extremely handy and overall great guy. BASED ON THE ATTACHED TIMELINE GREEN ELECTRICAL SOLUTIONS CURRENTLY EMPLOYS 11 ELECTRICIANS AND WILL BE ABLE TO MAN YOUR PROJECT TO ENSURE A TIMELY INSTALL. GES YES! 970-927-VOLT (8658) 204 Park Ave. Unit 1L Basalt Colorado 81621 DocuSign Envelope ID: 544B5890-8C5A-4338-837F-C0D5FAB2231A jinkosolar.us KEY FEATURES 380-400 Watt MONO PERC HALF CELL MODULE 10 Year Product Warranty 25 Year Linear Power Warranty 80.2% 90% 97% 100% 15 12 25 yearsGuaranteed Power PerformanceLinear performance warranty Standard performance warrantyAdditio n a l v a l u e f r o m J i n k o S o l a r ’ s l i n e a r w a r r a n t y LINEAR PERFORMANCE WARRANTY Eagle HC 72M G2 Nomenclature: JKM400M-72HL-V Code Cell null Full H Half Code Cell null Normal L Diamond Positive power tolerance of 0~+3% Code Certification null 1000V V1500V High Voltage UL and IEC 1500V certified; lowers BOS costs and yields better LCOE 1500V Diamond Cell Technology Uniquely designed high performance 5 busbar mono PERC half cell IEC61215,IEC61730 certified products UL1703 certified products ISO9001:2008 Quality Standards ISO14001:2004 Environmental Standards OHSAS18001 Occupational Health & Safety Standards PID FREE Certified for high snow (5400Pa) and wind (2400 Pa) loads Strength and Durability Reinforced cell prevents potential induced degradation Higher Module Power Decrease in current loss yields higher module efficiency Shade Tolerance More shade tolerance due to twin arrays DocuSign Envelope ID: 544B5890-8C5A-4338-837F-C0D5FAB2231A -40 ~+85 1500VDC(UL)/1500VDC(IEC) SPECIFICATIONS CAUTION: READ SAFETY AND INSTALLATION INSTRUCTIONS BEFORE USING THE PRODUCT. © Jinko Solar Co., Ltd. All rights reserved. Specifications included in this datasheet are subject to change without notice. JKM380-400M-72HL-V-A1-US 20A -0.36%/ -0.28%/ 0.048%/ 45±2 -50 -25 0 25 50 75 100 20 40 60 80 100 120 140 160 180 Temperature Dependence of Isc,Voc,Pmax EsgniwarD gnireenignE lectrical Performance & Temperature Dependence Mechanical Characteristics H 0.5mm +2008 2mm (79.06”)+Installing Holes Grounding A A2-Ø4952±2mm (37.48”) 952±2mm (37.48”)860±1mm (33.86”)400±1mm (15.75”)400±1mm1360±1mm (53.54”)1002 2mm (39.45”)+ JKM380M-72HL-V JKM400M-72HL-VJKM395M-72HL-VJKM390M-72HL-VJKM385M-72HL-V 0~+3% R4 . 5 147 10R 3 . 5 10.5 5555 9 5.5 1.5 1.51.840 35 7.7 4.9+0.200 +0.3 12AWG,Anode1400mm(55.12in), Cathode1400mm(55.12in)orCustomizedLength (Twopallets=Onestack) 26pcs/pallet,52pcs/stack,572pcs/40'HQContainer Packaging Configuration (Twopallets=Onestack) 26pcs/pallet,52pcs/stack,572pcs/40'HQContainer Packaging Configuration MonoPERCDiamondCell(158.75x158.75mm) 144(6×24) 22.5kg(49.6lbs) 2008×1002×40mm(79.06×39.45×1.57inch) ModuleType MaximumPower(Pmax) MaximumPowerVoltage(Vmp) MaximumPowerCurrent(Imp) Open-circuitVoltage(Voc) Short-circuitCurrent(Isc) ModuleEfficiencySTC(%) OperatingTemperature(℃) MaximumSystemVoltage MaximumSeriesFuseRating PowerTolerance TemperatureCoefficientsofPmax TemperatureCoefficientsofVoc TemperatureCoefficientsofIsc NominalOperatingCellTemperature(NOCT) Current-Voltage & Power-Voltage Curves (390W) 5 10 15 20 25 30 35 40 45 500 0 2 4 6 8 10 12 0 50 150 100 200 250 300 350 400 19.38% 390Wp 41.1V 9.49A 49.3V 10.12A 294Wp 7.54A 39.1V 48.0V 8.02A 19.14% 385Wp 40.8V 9.44A 49.1V 9.92A 290Wp 7.48A 38.8V 47.7V 7.95A 18.89% 380Wp 40.5V 9.39A 48.9V 9.75A 286Wp 7.42A 38.6V 47.5V 7.88A 19.88% 400Wp 41.7V 9.60A 49.8V 10.36A 302Wp 7.66A 39.6V 48.5V 8.16A 19.63% 395Wp 41.4V 9.55A 49.5V 10.23A 298Wp 7.60A 39.3V 48.2V 8.09A No.ofHalf-cells DocuSign Envelope ID: 544B5890-8C5A-4338-837F-C0D5FAB2231A 1 / 5 Limited Warranty for PV Modules Jinko Solar Co., Ltd. (“Jinko”) warrants its Modules’ performance starting from the date of sale to the first customer installing (for their own use) the Modules (“Customer”) or starting at the latest 6 months after Modules dispatch from the Jinko factory, whichever occurs earlier (the “Warranty Start Date”). 1. .Limited Product Warranty – Ten Year Repair or Replacement Jinko warrants that the Modules together with the factory-assembled DC connectors and cables are free from defects, if any, in materials and workmanship under normal application, use, installation and service conditions for a period of one hundred and twenty (120) months from the Warranty Start Date. If Modules malfunction or become inoperative due to defect in material or workmanship during the period of one hundred and twenty (120) months from the Warranty Start Date, as proved by an independent testing agency that will be selected and confirmed by Jinko and Customer in advance, Jinko will, at its sole option, either repair or replace the malfunctioning or inoperative Modules. The repair or replacement remedy shall be the sole and exclusive remedy provided under this Limited Product Warranty and shall not extend beyond the period set forth herein. This Limited Product Warranty does not warrant a specific power output, which shall be exclusively covered under the Section 2 hereinafter (“Limited Peak Power Warranty”). DocuSign Envelope ID: 544B5890-8C5A-4338-837F-C0D5FAB2231A 2 / 5 2. .Limited Peak Power Warranty– Limited Remedy 12 years Provided that, within a period of twelve (12) years from the Warranty Start Date, any Module exhibits a power output less than 90% of the nominal power as documented in Jinko’s product datasheet, and such loss in power is determined by Jinko, at its sole discretion, to be due to the Modules’ defects in material or workmanship attributed to Jinko and so proven by an independent testing agency who will be selected and confirmed by Jinko and Customer in advance, Jinko will, at its sole option and discretion, either (1) make up such loss in power by providing to Customer additional Modules; or (2) repair or replace the defective Modules including free shipping to the place supplied by Jinko. 25 years Provided that, within a period of twenty-five (25) years from the Warranty Start Date, any Module exhibits a power output less than 80% of the nominal power as documented in Jinko’s product datasheet, and such loss in power is determined by Jinko, at its sole discretion, to be due to the Modules’ defects in material or workmanship attributed to Jinko and so proven by an independent testing agency who will be selected and confirmed by Jinko and Customer in advance, Jinko will, at its sole option and discretion, either (1) make up such loss in power by providing to the end-user Customer additional Modules; or (2) repair or replace the defective Modules including free shipping to the place applied by Jinko. The remedies set forth in Section 2 are the sole and exclusive remedies provided under the Limited Peak Power Warranty. 3. .Exclusions and Limitations (a) Warranty claims, in any event, shall be filed in writing to Jinko or its authorized distributors within the applicable warranty period and not beyond the last day of the applicable period of time as stated above. (b) The Limited Product Warranty and Limited Peak Power Warranty shall not apply to the Modules which have been subject to:  Misuse, abuse, neglect, vandalism or accident;  Alteration, improper installation or application;  Repair or modifications that do not strictly follow the manufacturer’s instructions;  Non-observance of Jinko’s maintenance instructions; DocuSign Envelope ID: 544B5890-8C5A-4338-837F-C0D5FAB2231A 3 / 5  Power failure, electrical spikes or surges, lighting, flood, fire, accidental breakage or other events outside Jinko’s control. (c) The Limited Product Warranty and Limited Peak Power Warranty do not cover any costs associated with installation, removal or re-installation of the PV-modules and (except as explicitly set forth in the last paragraph of the Section 5) customs clearance or any other costs for return of the Modules. (d) Warranty claims will not be honored if the type or serial number of Jinko Modules have been altered, removed or made illegible without written authorization from Jinko. 4. .Limitation of Warranty Scope This Warranty as set forth herein is expressly in lieu of and excludes all other express or implied warranties, including but not limited to warranties of merchantability and of fitness for particular purpose, use, or application, and all other obligations or liabilities on the part of Jinko, unless such other obligations or liabilities are expressly agreed to in writing signed and approved by Jinko. Jinko shall have no responsibility or liability whatsoever for damage or injury to persons or property, or for other loss or injury resulting from any cause whatsoever arising out of or related to the Modules, including, without limitation, any defects in the Modules or from use or installation. Under no circumstances shall Jinko be liable for incidental, consequential or special damages, howsoever caused. Loss of use, loss of profits, loss of production, and loss of revenues are specifically and without limitation excluded. Jinko’s aggregate liability, if any, in damages or otherwise, shall not exceed the invoice value as paid by the Customer, for the single unit of Modules. 5. .Obtaining Warranty Performance If the Customer has a justified claim covered by this Warranty, an immediate notification directly to Jinko shall be made by mailing a registered letter in writing to the address of Jinko listed hereunder, or, sending an email letter to the email account of Jinko listed hereunder. Together with the notification, the Customer should enclose the evidence of the claim with the corresponding serial number of the Modules and the date on which the Modules have been purchased. An invoice with clear indication of the purchase date, purchase price, module type, stamp or signature of Jinko or its distributors should also be submitted as part of the evidence. DocuSign Envelope ID: 544B5890-8C5A-4338-837F-C0D5FAB2231A 4 / 5 If the Modules will be returned to Jinko for inspection, repair or replacement by Jinko, Jinko will give the Customer a Return Merchandise Authorization (RMA). However, Jinko will not accept a return of any Modules without an RMA. In connection with both the Limited Product Warranty and Limited Peak Power Warranty, Jinko shall reimburse customer for reasonable, customary and documented transportation charges by sea freight for both the return of the Modules and reshipment of any repaired or replaced Modules, only if this cost is authorized by Jinko’s Customer Service Department. 6. .Transferability This warranty is extended to the original end-user purchaser, and is also transferable to any subsequent owner of the location or holder of the product when Module(s) remain at their original installed location upon satisfactory proof of succession or assignment. 7. .Severability If a part, provision or clause of this Warranty, or the application thereof to any person or circumstance, is held invalid, void or unenforceable, such holding shall not affect and shall leave all other parts, provisions, clauses or applications of this Warranty, and to this end such other parts, provisions, clauses or applications of this Warranty shall be treated as severable. 8. .Disputes In case of any discrepancy in a warranty-claim, a first-class international testing institute, like Fraunhofer ISE, TÜV Rheinland or Arizona State University, shall be enlisted to judge the claim finally. All fees and expenses shall be born by the losing party, unless otherwise awarded. The final explanation right shall be borne by Jinko. 9. .Various The repair or replacement of the Modules or the supply of additional Modules does not lead to a new commencement of warranty terms, nor shall the original terms of this Warranty be extended. Any replaced Modules shall become the property of Jinko. Jinko shall at its own options to deliver another type of PV Modules (different in size, color, shape, or power), either a new brand or the original one, in case that Jinko has discontinued producing the module in question at the time of the claim. DocuSign Envelope ID: 544B5890-8C5A-4338-837F-C0D5FAB2231A 5 / 5 10. .Force Majeure Jinko shall not be in any way be responsible or liable to the Customer or any third-party arising out of any non-performance or delay in performance of any terms and conditions of sale, including this Warranty, due to fire, flood, blizzard, hurricane, thunder, acts of God, changes of public policies, terrorism, war, riots, strikes, unavailability of suitable and sufficient labor or materials and other events which are out of control of Jinko. NOTE: “Peak Power” is the power in watt peak that a PV-module generates in its maximum power point under STC condition. ‘STC’ are as follows: (a) light spectrum of AM 1.5, (b) an irradiation of 1,000W/m2 and (c) a cell temperature of 25 degree Centigrade at right angle irradiation. The measurements are carried out in accordance with IEC61215 as tested at the junction box terminals per the calibration and testing standards of Jinko valid at the date of manufacture of the PV-Modules. Jinko’s calibration standards shall be in compliance with the standards applied by international institutions accredited for this purpose. Jinko Solar Co., Ltd. Address: No.428 South Yanggao Road, Pu Dong New District, Shanghai, PRC 200127 Telephone: +86-21-60611799 Fax: +86-21-68761115 Email: cs@jinkosolar.com Website: www.jinkosolar.com DocuSign Envelope ID: 544B5890-8C5A-4338-837F-C0D5FAB2231A INVERTERSThe best choice for SolarEdge enabled systems Specifically designed to work with power optimizers Internet connection through Ethernet or Wireless Small, lightweight, and easy to install outdoors or indoors on provided bracket Fixed voltage inverter for longer strings Integrated Safety Switch Supplied with RS485 Surge Protection, to better withstand lightning events Integrated arc fault protection and rapid shutdown for NEC 2014 and 2017, per article 690.11 and 690.12 UL1741 SA certified, for CPUC Rule 21 grid compliance Built-in module-level monitoring Three Phase Inverters For the 208V Grid for North America SE9KUS / SE14.4KUS solaredge.com 12-20 YEAR WARRANTY DocuSign Envelope ID: 544B5890-8C5A-4338-837F-C0D5FAB2231A © SolarEdge Technologies, Inc. All rights reserved. SOLAREDGE, the SolarEdge logo, OPTIMIZED BY SOLAREDGE are trademarks or registered trademarks of SolarEdge Technologies, Inc. All other trademarks mentioned herein are trademarks of their respective owners. Date: 12/2018/V01/ENG NAM. Subject to change without notice. Three Phase Inverters For the 208V Grid for North America SE9KUS / SE14.4KUS SE9KUS SE14.4KUS APPLICABLE TO INVERTERS WITH PART NUMBER SEXXK-XXXXXNXXX OUTPUT Rated AC Power Output 9000 14400 VA Maximum AC Power Output 9000 14400 VA AC Output Line Connections 4-wire WYE (L1-L2-L3-N) plus PE or 3 wire Delta AC Output Voltage Minimum-Nominal-Maximum(2) (L-N)105-120-132.5 Vac AC Output Voltage Minimum-Nominal-Maximum(2) (L-L)183-208-229 Vac AC Frequency Min-Nom-Max(2)59.3 - 60 - 60.5 Hz Max. Continuous Output Current (per Phase) 25 40 A GFDI Threshold 1 A U t i l i t y M o n i t o r i n g , I s l a n d i n g P r o t e c t i o n , C o u n t r y C o n fi g u r a b l e S e t P o i n t s Yes INPUT Maximum DC Power (Module STC)12150 19400 W Transformer-less, Ungrounded Yes Maximum Input Voltage DC to Gnd 250 300 Vdc Maximum Input Voltage DC+ to DC-500 600 Vdc Nominal Input Voltage DC to Gnd 200 Vdc Nominal Input Voltage DC+ to DC-400 Vdc Maximum Input Current 26.5 38 Adc Maximum Input Short Circuit Current 45 Adc Reverse-Polarity Protection Yes Ground-Fault Isolation Detection 1MΩ Sensitivity 350kΩ Sensitivity(3) CEC Weighted Efficiency 96.5 97 % Night-time Power Consumption < 3 < 4 W ADDITIONAL FEATURES Supported Communication Interfaces RS485, Ethernet, ZigBee (optional) Rapid Shutdown – NEC 2014 and 2017 690.12 Automatic Rapid Shutdown upon AC Grid Disconnect RS485 Surge Protection Supplied with the inverter STANDARD COMPLIANCE Safety UL1741, UL1741 SA, UL1699B, CSA C22.2, Canadian AFCI according to T.I.L. M-07 Grid Connection Standards IEEE1547, Rule 21, Rule 14 (HI) Emissions FCC part15 class B INSTALLATION SPECIFICATIONS AC output conduit size / AWG range 3/4” minimum / 12-6 AWG 3/4” minimum / 8-4 AWG DC input conduit size / AWG range 3/4” minimum / 12-6 AWG Number of DC inputs 2 pairs 3 pairs(4) Dimensions (H x W x D)21 x 12.5 x 10.5 / 540 x 315 x 260 in / mm Dimensions with Safety Switch (H x W x D)30.5 x 12.5 x 10.5 / 775 x 315 x 260 in / mm Weight 73.2 / 33.2 99.5 / 45 lb / kg Weight with Safety Switch 79.7 / 36.2 106 / 48 lb / kg Cooling Fans (user replaceable) Noise < 50 < 55 dBA Operating Temperature Range -40 to +140 / -40 to +60(5) ˚F / ˚C Protection Rating NEMA 3R (1) For 277/480V inverters refer to: https://www.solaredge.com/sites/default/files/se-three-phase-us-inverter-datasheet.pdf (2) For other regional settings please contact SolarEdge support (3) Where permitted by local regulations (4) Field replacement kit for 1 pair of inputs P/N: DCD-3PH-1TBK; Field replacement kit for 3 pairs of fuses and holders P/N: DCD-3PH-6FHK-S1 (5) For power de-rating information refer to: https://www.solaredge.com/sites/default/files/se-temperature-derating-note-na.pdf DocuSign Envelope ID: 544B5890-8C5A-4338-837F-C0D5FAB2231A See and share your system’s performance on the go: real-time insight to home energy production and usage. Gain visibility into your system performance in real-time with this intuitive, user-friendly app. Share your system performance at the push of a button. Easy to use charts show your PV performance. Compare today’s production to past measurements. Want to know how your PV system stacks up against your friends? You can share real-time system performance details with your friends across many social platforms: email, messaging apps, Facebook and on Twitter. Real-time and forecasted weather data. Evaluate your system’s performance by understanding what environmental conditions affect energy production. Know that your PV system is producing to its maximum potential. View historic and real-time energy production of your SolarEdge optimized system on the go with your smart phone. Don’t have a solar system yet? You can explore and learn about features by using the demo account. Download the app for free on iPhone or Android by visiting the AppStore or Google Play. Monitoring App DocuSign Envelope ID: 544B5890-8C5A-4338-837F-C0D5FAB2231A Getting Started with the SolarEdge Monitoring App After your inverter connects to the internet, SolarEdge automatically begins tracking and reporting your site’s performance. Your installer will need to create the physical layout in the SolarEdge portal for you to view. Confirm with your installer regarding completion date of your homeowner account. * Before you can register you need to ensure that SolarEdge email isn’t getting stuck in your SPAM folder. Add DoNotReply@solaredge.com to your contacts and watch for a registration email with the subject line: Registration to SolarEdge Monitoring Portal. To begin using: 1. A link to register will be sent to you in email. *Note: if you click the link and nothing happens, simply copy and paste the same URL into your web browser address bar. 2. Register your site with SolarEdge: • You will need to enter your name, phone number, language, create a password and select units (Imperial for Fahrenheit and Metric for Celsius) • Check the box agreeing to SolarEdge’s terms and conditions and select if you want news, updates or technical notifications from SolarEdge • Click Confirm, log-in and view your energy performance 3. To get updated information on your smart phone, download the free monitoring app: • Visit Google Play or the App Store to download the “SolarEdge Monitoring” app. • Login using the same email address and password that you created during registration. The app will remember your login information; allowing you to see your system’s performance at any time. 4. You can begin sharing your system’s performance on your favorite social network or by email or text. Click on the icon to share DocuSign Envelope ID: 544B5890-8C5A-4338-837F-C0D5FAB2231A POWER OPTIMIZERPower Optimizer For North America P860 25YEARWARRANTY solaredge.com PV power optimization at the module-levelThe most cost effective solution for commercial and large field installations Specifically designed to work with SolarEdge inverters Up to 25% more energy Fast installation with a single bolt Advanced maintenance with module-level monitoring Module-level voltage shutdown for installer and firefighter safety Meets NEC requirements for arc fault protection (AFCI) and Photovoltaic Rapid Shutdown System (PVRSS) Use with two PV modules connected in parallel Superior efficiency (99.5%) Balance of System cost reduction; 50% less cables, fuses and combiner boxes, over 2x longer string lengths possible DocuSign Envelope ID: 544B5890-8C5A-4338-837F-C0D5FAB2231A PV System Design Using a SolarEdge Inverter(8) Three Phase for 208V Grid(9)Three Phase for 480V/277V Grid Minimum String Length Power Optimizers 8 14 PV Modules 16 27 Maximum String Length Power Optimizers 30 PV Modules 60 Maximum Power per String 7200 15300 W Parallel Strings of Different Lengths or Orientations Yes (1) Rated power of the module at STC will not exceed the optimizer “Rated Input DC Power”. Modules with up to +5% power tolerance are allowed. (2) In a case of odd number of PV modules in one string, it is allowed to install one P860 power optimizer connected to one PV module. When connecting a single module to P860, seal the unused input connectors with the supplied pair of seals. (3) NEC 2017 requires max combined input voltage be not more than 80V. (4) For other connector types please refer to: https://www.solaredge.com/sites/default/files/optimizer-input-connector-compatibility.pdf (5) Longer inputs wire length are available for use with split junction box modules. (For 1.3m/4.26ft order P860-xxxXxxY. For 1.6m/5.24ft order P860-xxxYxxY). (6) When using the longer input option (1.3m/4.26ft or 1.6m/5.24ft), the output wire length is 2.2m /7.2ft (7) For ambient temperature above +70˚C / +158˚F power de-rating is applied. Refer to Power Optimizers Temperature De-Rating Application Note for more details. Optimizer Model(Typical Module Compatibility)P860(for 2 x 72 cell modules) INPUT Rated Input DC Power(1)860 W Connection Method Dual input for independently connected modules(2) Absolute Maximum Input Voltage(Voc at lowest temperature)60 Vdc MPPT Operating Range 12.5 - 60 Vdc Maximum Short Circuit Current (Isc) 22 Adc Maximum Short Circuit Current per input (Isc) 11 Adc Maximum Efficiency 99.5 % Weighted Efficiency 98.6 % Overvoltage Category II OUTPUT DURING OPERATION (POWER OPTIMIZER CONNECTED TO OPERATING SOLAREDGE INVERTER) Maximum Output Current 18 Adc Maximum Output Voltage 85 Vdc OUTPUT DURING STANDBY (POWER OPTIMIZER DISCONNECTED FROM SOLAREDGE INVERTER OR SOLAREDGE INVERTER OFF) Safety Output Voltage per Power Optimizer 1 ± 0.1 Vdc STANDARD COMPLIANCE Photovoltaic Rapid Shutdown System Compliant with NEC 2014, 2017(3) EMC FCC Part15 Class B, IEC61000-6-2, IEC61000-6-3 Safety IEC62109-1 (class II safety), UL1741 Material UL94 V-0, UV Resistant RoHS Yes INSTALLATION SPECIFICATIONS Compatible SolarEdge Inverters Three phase inverters Maximum Allowed System Voltage 1000 Vdc Dimensions (W x L x H)129 x 168 x 59 / 5.1 x 6.61 x 2.32 mm / in Weight 1064 / 2.34 gr / lb Input Connector MC4(4) Input Wire Length(5) Lengths options Input #1 Input #2 m / ft(1)0.16 / 0.52 0.16 / 0.52 (2)(-) 1.3 / 4.26 , (+) 0.16 / 0.52 (-) 0.16 / 0.52 , (+) 1.3 / 4.26 (3)(-) 1.6 / 5.24 , (+) 0.16 / 0.52 (-) 0.16 / 0.52 , (+) 1.6 / 5.24 Output Wire Type / Connector Double Insulated; MC4 Output Wire Length 2.1 / 6.8 (6)m / ft Operating Temperature Range(7)-40 - +85 / -40 - +185 ˚C / ˚F Protection Rating IP68 / NEMA6P Relative Humidity 0 - 100 % © SolarEdge Technologies Ltd. All rights reserved. SOLAREDGE, the SolarEdge logo, OPTIMIZED BY SOLAREDGE are trademarks or registered trademarks of SolarEdge Technologies, Ltd. All other trademarks mentioned herein are trademarks of their respective owners. Date: 08/2019/V01/ENG NA. Subject to change without notice. Power Optimizer For North America P860 (8) It is not allowed to mix P860 with P730/P800p/P850 in one string or to mix with P320/P340/P370/P400/P405/P505 in one string. (9) P860 design with three phase 208V inverters is limited. Use the SolarEdge Designer for verification. DocuSign Envelope ID: 544B5890-8C5A-4338-837F-C0D5FAB2231A April 2019 1 LIMITED PRODUCT WARRANTY This SolarEdge Technologies Ltd. Limited Warranty covers defects in workmanship and materials of the below-listed products for the applicable Warranty Period set out below (the “Products”): Power optimizers: 25 years commencing on the earlier of: (i) 4 months from the date the power optimizers are shipped from SolarEdge; and (ii) the installation of the power optimizers, provided, however, that for the module embedded power optimizers (CSI and OPJ models), the Warranty Period shall not exceed the maximum of (1) the module product warranty and (2) the module power warranty periods provided by the applicable module manufacturer. Inverters, Safety & Monitoring Interface (SMI), Auto-transformer: 12* years commencing on the earlier of: (i) 4 months from the date the products are shipped from SolarEdge; and (ii) the installation of the products. StorEdge Interface: 10 years commencing on the earlier of: (i) 4 months from the date the Interfaces are shipped from SolarEdge; and (ii) the installation of the Interfaces. ZigBee Gateway, Commercial Gateway, Firefighter Gateway, Smart Energy products, Wireless Communication Products, RS485 Plug-in, Energy Meter: 5 years commencing on the earlier of: (i) 4 months from the date the product is shipped from SolarEdge; and (ii) the installation of the product. Warranty duration of wireless communication products is the same whether or not the product is pre-installed in the inverter. * In some countries the inverter warranty is limited to 7 years. For a list of these countries please access http://www.solaredge.com/articles/warranty_exceptions The Limited Warranty does not apply to components which are separate from the Products, ancillary equipment and consumables, such as, for example, cables, cable holders, fuses, wires and connectors, whether supplied by SolarEdge or others. Some components may carry their own manufacturer warranty. See product datasheet for more details. In addition, for all power optimizers with a part number ending in C, the SolarEdge warranty does not apply to the input connector. The Limited Warranty only applies to the buyer who has purchased the Products from an authorized seller of SolarEdge for use in accordance with their intended purpose. The Limited Warranty may be transferred from buyer to any assignee, an d will remain in effect for the time period remaining under the foregoing warranties, provided that the Products are not moved outside its original country of installation and any reinstallation is done in accordance with the installation directions and use guidelines accompany the Products (collectively the “Documentation”). If, during the applicable Warranty Period, buyer discovers any defect in workmanship and materials and seeks to activate the Limited Warranty, then buyer shall, promptly after such discovery, report the defect to SolarEdge by sending an email to support@solaredge.com with the following information: (i) a short description of the defect, (ii) the Product’s serial number, and (iii) a scanned copy of the purchase receipt or warranty certificate of the applicable Product. Upon buyer’s notification, SolarEdge shall determine whether the reported defect is eligible for coverage under the Limited Warranty. The Product’s serial number must be legible and properly attached to the Product in order to be eligible for Warranty coverage. If SolarEdge determines that the reported defect is not eligible for coverage under the Limited Warranty, SolarEdg e will notify buyer accordingly and will explain the reason why such coverage is not available. If SolarEdge determines that the reported defect is eligible for coverage under the Limited Warranty, SolarEdge will notify buyer accordingly, and SolarEdge may, in its sole discretion, take any of the following actions: repair the Product at SolarEdge’s facilities or on-site; or issue a credit note for the defective Product in an amount up to its actual value at the time buyer notifies SolarEdge of the defect, as determined by SolarEdge, for use toward the purchase of a new Product; or provide Buyer with replacement units for the Product. SolarEdge will determine whether the Product should be returned to SolarEdge and, if SolarEdge so determined, the Return Merchandise Authorization (“RMA”) Procedure (set out below) will be invoked. Where replacement Products are sent, SolarEdge generally sends such products within 48 hours. SolarEdge may use new, used or refurbished parts that are at least functionall y equivalent to the original part when making warranty repairs. The repaired Product or replacement parts or Product, as applicable, shall continue to be covered under the Limited Warranty for the remainder of the then-current Warranty Period for the Product. Where the RMA Procedure is invoked by SolarEdge, SolarEdge will instruct buyer how to package and ship the Product or part(s) to the designated location. SolarEdge will bear the cost of such shipment, upon receipt of the Product or part(s), SolarEdge will, at its expense and sole discretion, either repair or replace the Product or part(s). SolarEdge will deliver the repaired or replaced Product or part(s) to buyer at buyer’s designated location in countries where SolarEdge has an office and/or there is a significant PV market. For the specific list of countries to which such service is provided, DocuSign Envelope ID: 544B5890-8C5A-4338-837F-C0D5FAB2231A 2 please access http://www.solaredge.com/articles/shipping_cost_coverage_warranty. SolarEdge will bear the cost of such shipment, including shipping and customs (where applicable) and buyer shall bear any applicable value added tax. SolarEdge may elect to ship replacement Product and/or part(s) prior to receipt of the Product and/or part(s) to be returned to SolarEdge as per the above. All costs, including, without limitation, labor, travel and boarding costs of SolarEdge service personnel or others that are incurred for labor relating to repairs, uninstalling and reinstalling of Products on-site, as well as costs related to buyer’s employees and contractors repair or replacement activities, are not covered by the Limited Warranty and, unless otherwise agreed in writing in advance by SolarEdge, shall be borne by the buyer. Warranty Exclusions: This Limited Warranty will not apply if (a) buyer is in default under the General Terms and Conditions of other Agreement governing the purchase of the Product, or (b) the Product or any part thereof is: damaged as a result of misuse, abuse, accident, negligence or failure to maintain the Product; damaged as a result of modifications, alterations or attachments thereto which were not pre-authorized in writing by SolarEdge; damaged due to the failure to observe the applicable safety regulations governing the proper use of the Product; installed or operated not in strict conformance with the Documentation, including without limitation, not ensuring sufficient ventilation for the Product as described in SolarEdge installation guide; opened, modified or disassembled in any way without SolarEdge’s prior written consent; used in combination with equipment, items or materials not permitted by the Documentation or in violation of local codes and standards; damaged by software, interfacing, parts, supplies or other product not supplied by SolarEdge; damaged as a result of improper site preparation or maintenance or improper installation; damaged or rendered non-functional as a result of power surges, lightning, fire, flood, pest damage, accident, action of third parties, direct exposure to sea water or other events beyond SolarEdge’s reasonable control or not arising from normal operating conditions; or damaged during or in connection with shipping or transport to or from buyer where buyer arranges such shipping or transport. This Limited Warranty does not cover cosmetic or superficial defects, dents, marks or scratches, which do not influence the proper functioning of the Product. THE LIMITED WARRANTIES SET OUT HEREIN ARE IN LIEU OF ANY OTHER WARRANTIES WITH RESPECT TO THE PRODUCTS PURCHASED BY BUYER FROM SOLAREDGE, WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL (INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), ALL OF WHICH ARE EXPRESSLY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. Claims by buyer that go beyond the warranty terms set out herein, including claims for compensation or damages, are not covere d by the Limited Warranty, insofar as SolarEdge is not subject to statutory liability. In such cases, please contact the compa ny that sold you the Product. Eventual claims in accordance with the law on product liability remain unaffected. Coverage under the Limited Warranty is subject to buyer complying with the foregoing notification requirements and cooperating with SolarEdge’s directions. SolarEdge’s sole obligation and buyer’s exclusive remedy for any defect warranted hereunder is limited to those actions expressly stated above. Such actions are final and do not grant any further rights, in particular with resp ect to any claims for compensation. Unless otherwise specified in an executed Agreement with SolarEdge, the Limited Warranty and related provisions set out herei n are subject to SolarEdge’s General Terms and Conditions, including, without limitation, the provisions thereof, which relate to disclaimer of warranties, limitation of liability and governing law and jurisdiction. Revised: April 2019 DocuSign Envelope ID: 544B5890-8C5A-4338-837F-C0D5FAB2231A Gauge Systems Gauge Systems Know Your Power Real-time Energy Metering, Data logging, and Power Analysis www.eGauge.net (720) 545-9767 x1 sales@egauge.net Each eGauge Pro unit combines an energy meter, data logger, and a web server. This powerful combination lets you measure, store and retrieve data directly from the device or from a remote location. Not only does it calculate power (V, A, VAr, kWh, etc), but also data from optional sensors that assess flow rate, temperature, wind speed, and more. You can view historical and live data for up to 30 years with the unit’s convenient user interface (UI). The UI can be accessed on a local network or via the internet from a computer, tablet, or smartphone. Once connected, you have access to real-time values, long term reports, an interactive graphical interface, and many other tools. The best part is that you pay nothing for the user interface because you retrieve data directly from your own eGauge hardware, not a cloud or 3rd party host. eGauge Pro Energy Meter 30 Sensor Ports Measure AC or DC Power BACnet, Modbus, XML API Alerts via SMS or Email Ethernet, WiFi, Cell, PLC High Accuracy No Monthly Fees DocuSign Envelope ID: 544B5890-8C5A-4338-837F-C0D5FAB2231A Hardware Features 30 Sensor Ports Lower your cost per metering point and install fewer meters per job. Each sensor port reads the output from 0.333 mV current transformers (CTs). The inputs allow for the connection of AC or DC current transformers. 2 USB Ports The addition of USB will help users expand their monitoring projects by allowing for the integration of many new devices and sensors. The ports can accept WiFi adapters, USB <-> RS485 converters, etc... and also provide power to devices that need 0.5A or less. AC & DC Voltage Connection Measure AC or DC line voltage with a single meter. This combination lets you simultaneously track 12, 24, and 48Vdc battery backup and 0-277Vac applications. LCD Screen The LCD screen displays the current configuration and values the eGauge is measuring. The screen is also a means to perform setup troubleshooting actions, such as a factory reset. Ethernet & PLC Every eGauge Pro supports Ethernet and Powerline communication. Additional data communication devices, such as a WiFi dongle or cellular modem can be connected to the Ethernet or USB ports. Measure Every Moment LCD Screen AC Voltage Input DC Voltage Input USB Ports + Ethernet 30 Sensor Ports DocuSign Envelope ID: 544B5890-8C5A-4338-837F-C0D5FAB2231A www.eGauge.net (720) 545-9767 x1 sales@egauge.net LCD Screen AC Voltage Input DC Voltage Input USB Ports + Ethernet 30 Sensor Ports AC Voltage: (Y: L-N, : L-L ) DC Voltage: Current: Frequency: Logging Values: Power Draw: Accuracy: L1: 85-277 Vrms L2: 0-277 Vrms L3: 0-277 Vrms 42 Vrms Power: 9-60 Vdc Measurement: -60-60Vdc 30 sensor ports 6900A max Sensor ports isolated from digital and high voltage 50 or 60 Hz V, A, W, Wh, Hz, VA VAr, THD, deg 12W max, 2W typical 2 5V USB Ports @ 1A max ANSI C12.2 - 0.5% Compliant Measurement Operating Temp: Max Altitude: Max Humidity: Meas. Category: Location: Pollution Degree: -30° to 70°C (-22° to 158°F) 4000m (13,123) 80% up to 31°C Overvoltage Category III Open type indoor device 2 Environment Conditions Safety: CE: FCC: IEC/UL 61010-1 Ed. 3.0 B:2010 IEC 61000-6-1 Ed. 3.0 B:2016 IEC 61000-6-3 Ed. 2.1 B:2011 FCC Title 47 CFR Part 15- Subpart B Class B ICES-003 Information Technology- Equipment Class B Safety and Regulatory eGauge Pro Specifications Data Logger Capacity 64 (data storage points) 1 hr/1 sec 1 yr/1 minute 10 yrs/15 minute Device Lifetime/1 day Register Count: Granularity: (duration/avg) Model: EG4130 Gauge Systems Gauge Systems DocuSign Envelope ID: 544B5890-8C5A-4338-837F-C0D5FAB2231A www.eGauge.net (720) 545-9767 x1 sales@egauge.net 1.811 46 6.693170 6.299160 1.929 49 [3.149] 80 5mm [#10] Screw Clearance 0.0982.50 Dimensions ([in.] mm)v eGauge Pro Specifications Network Connection Compatible with HomePlug AV adapter within ~100. on same phase as L1 terminal IEEE 802.3 - LAN Optional with USB accessory Homeplug AV: Ethernet: WiFi/Cellular: Data Communication Modbus RTU, Modbus TCP Modbus RTU, Modbus TCP, BACnet/IP, XML Import: Export: User Interface Google Chrome Firefox Safari Internet Explorer Compatible browsers: (Only up-to-date versions supported) 2 years, 5 yearsWarranty: General FRABS 17 x 8 x 4.6cm (6.7 x 3.15 x 1.81in) 300g (0.66lbs) Material: Dimensions: Weight: Enclosure DocuSign Envelope ID: 544B5890-8C5A-4338-837F-C0D5FAB2231A 25 EXHIBIT B Schedule DocuSign Envelope ID: 544B5890-8C5A-4338-837F-C0D5FAB2231A DocuSign Envelope ID: 544B5890-8C5A-4338-837F-C0D5FAB2231A 26 EXHIBIT C Insurance Certificate DocuSign Envelope ID: 544B5890-8C5A-4338-837F-C0D5FAB2231A ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 1/21/2020 (970) 384-8228 14184 Green Electrical Solutions LLC PO Box 3435 Basalt, CO 81621 41190 A 1,000,000 X X X07602 12/20/2019 12/20/2020 100,000 5,000 Included 2,000,000 2,000,000 1,000,000A X07602 12/20/2019 12/20/2020 1,000,000A X07602 12/20/2019 12/20/2020 1,000,000 B 4169076 1/1/2020 1/1/2021 1,000,000 Y 1,000,000 1,000,000 Eagle County is Additional Insured under General Liability with respect to ongoing and completed operations performed by the Named Insured on behalf of the Certificate Holder as required by written contract. Waiver of Subrogation in favor of Eagle County applies to General Liability as required by written contract. Eagle County PO Box 850 Eagle County, CO 81631 GREEELE-01 RACHAELS Mountain West Insurance - Glenwood PO Box 1576 Glenwood Springs, CO 81602 Rachael Sheffield rachaels@mtnwst.com Acuity Insurance Co. Pinnacol Assurance 1 XX X X X X X X DocuSign Envelope ID: 544B5890-8C5A-4338-837F-C0D5FAB2231A 27 EXHIBIT D Warranty information for Solar Panels DocuSign Envelope ID: 544B5890-8C5A-4338-837F-C0D5FAB2231A LIMITED WARRANTY REV. 112219-LINEAR 1 / 5 Jinko Solar Import and Export Co., Ltd. (“Jinko”) generally provides the Warranties set forth herein to the original purchaser and its permitted successors and assigns (“Customer”) with respect to all solar photovoltaic modules sold by Jinko under purchase agreements signed on or after November 22, 2019 (“Modules”), subject to the terms and conditions herein (“Limited Warranty”). Jinko and Customer may hereinafter be referred to each as a “Party” and collectively as the “Parties”. 1. WARRANTY START DATE. Jinko provides the Warranties set forth herein commencing upon the earlier of delivery of Modules to the original purchaser thereof or that date which is one hundred and eighty (180) days following the Module manufacture date, as indicated by the serial number [digit no. 7 – 12 (YYMMDD), starting from the left side of the serial number] for such Module (“Warranty Start Date”). 2. LIMITED PRODUCT WARRANTY. Beginning on the Warranty Start Date and terminating on that date which is one hundred and forty-four (144) months thereafter, Jinko warrants that the Modules and their respective DC connectors and cables, if any, shall be free from material defects in design, materials and workmanship that impair the performance of the Module (“Limited Product Warranty”). Material defects shall not include normal wear and tear. 3. LIMITED POWER WARRANTY. Jinko warrants that the Degradation Rate shall not exceed the amount for the applicable period following the Warranty Start Date as set forth below (“Limited Power Warranty”): (A) Poly-crystalline Modules: only applicable to the following Module types: JKMxxxPP-72, JKMxxxPP-72-J, JKMSxxxPP-72, JKMSxxxPP-72-J, JKMxxxPP-72H, JKMxxxPP-72B, JKMSxxxPP-72B, JKMxxxPP-72HB, JKMSxxxPP-72- MX, JKMSxxxPP-72B-MX, JKMxxxPP-60, JKMxxxPP-60-J, JKMSxxxPP-60, JKMSxxxPP-60-J, JKMxxxPP-60H, JKMxxxPP-60H-J, JKMxxxPP-60B, JKMSxxxPP-60B, JKMxxxPP-60HB, JKMSxxxPP-60- MX, JKMSxxxPP-60B-MX, JKMxxxPP-72-V, JKMxxxPP-72-V-J, JKMSxxxPP-72-V, JKMSxxxPP- 72-V-J, JKMxxxPP-72H-V, JKMxxxPP-72HB-V, JKMSxxxPP-72-MX-V, JKMSxxxPP-72B-MX-V, JKMxxxPP-60-V, JKMxxxPP-60-V-J, JKMSxxxPP-60- V, JKMSxxxPP-60-V-J, JKMxxxPP-60H-V, JKMxxxPP-60HB-V, JKMSxxxPP-60-MX-V, JKMSxxxPP-60B-MX-V (i) 2.5% in the first year; (ii) 0.7% each year thereafter until that date which is twenty-five (25) years following the Warranty Start Date, at which time the Actual Power Output shall be not less than 80.7% of the Nominal Power Output; (B) Mono-crystalline Modules, only applicable to the following Module types: JKMxxxM-72, JKMxxxM-72-J, JKMxxxM-72L, JKMSxxxM-72, JKMSxxxM-72-J, JKMxxxM-72H, JKMxxxM-72HL, JKMxxxM-72B, JKMSxxxM-72B, JKMxxxM-72HB, JKMxxxM-72BL, JKMxxxM-72HBL, JKMSxxxM-72-MX, JKMSxxxM-72L-MX, JKMSxxxM-72B-MX, JKMSxxxM-72BL-MX, JKMxxxM-60, JKMxxxM-60-J, JKMxxxM-60L, JKMSxxxM-60, JKMSxxxM-60-J, JKMxxxM-60H, JKMxxxM-60HL, JKMxxxM-60B, JKMxxxM-60BL, JKMSxxxM-60B, JKMxxxM-60HB, JKMxxxM-60BL, JKMxxxM-60HBL, JKMSxxxM-60-MX, JKMSxxxM- 60L-MX, JKMSxxxM-60B-MX, JKMSxxxM-60BL-MX, JKMxxxM-72-V, JKMxxxM-72-V-J, JKMSxxxM-72-V, JKMSxxxM-72-V-J, JKMxxxM-72L-V, JKMxxxM- 72H-V, JKMxxxM-72HL-V, JKMxxxM-72HB-V, JKMxxxM-72BL-V, JKMxxxM-72HBL-V, JKMSxxxM- 72-MX-V, JKMSxxxM-72B-MX-V, JKMxxxM-60-V, JKMxxxM-60-V-J, JKMSxxxM-60-V, JKMSxxxM-60- V-J, JKMxxxM-60L-V, JKMxxxM-60H-V, JKMxxxM- 60HL-V, JKMxxxM-60HB-V, JKMxxxM-60BL-V, JKMxxxM-60HBL-V, JKMSxxxM-60-MX-V, JKMSxxxM-60B-MX-V, JKMxxxM-66H，JKMxxxM- DocuSign Envelope ID: 544B5890-8C5A-4338-837F-C0D5FAB2231A LIMITED WARRANTY REV. 112219-LINEAR 2 / 5 66HB ，JKMxxxM-66H-V ，JKMxxxM-66HB-V ， JKMxxxM-78H ，JKMxxxM-78H-V ，JKMxxxM- 6RL3 ，JKMxxxM-6RL3-V ，JKMxxxM-6RL3-B ， JKMxxxM-6RL3-B-V，JKMxxxM-7RL3，JKMxxxM- 7RL3-V, JKSM3-DACA-xxx (i) 2.5% in the first year; (ii) 0.6% each year thereafter until that date which is twenty-five (25) years following the Warranty Start Date, at which time the Actual Power Output shall be not less than 83.1% of the Nominal Power Output; (C) DUAL Glass SERIES: only applicable to the following Modules types: (1) Dual Glass Poly SERIES: JKMxxxPP-72-DV, JKMSxxxPP-72-DV, JKMxxxPP- 72-DV-J, JKMSxxxPP-72-DV-J, JKMxxxPP-72H-DV, JKMxxxPP-60-DV, JKMSxxxPP-60-DV, JKMxxxPP- 60-DV-J, JKMSxxxPP-60-DV-J, JKMxxxPP-60H-DV (i) 2.5 % in the first year; (ii) 0.5 % each year thereafter until that date which is thirty (30) years following the Warranty Start Date, at which time the Actual Power Output shall be not less than 83.0 % of the Nominal Power Output; (2) Dual Glass Mono SERIES: JKMxxxM-72-DV, JKMSxxxM-72-DV, JKMxxxM-72- DV-J, JKMSxxxM-72-DV-J, JKMxxxM-72H-DV, JKMxxxM-60-DV, JKMSxxxM-60-DV, JKMxxxM-60- DV-J, JKMSxxxM-60-DV-J, JKMxxxM-60H-DV, JKMxxxM-66-DV, JKMxxxM-66H-DV, JKMxxxM- 78-DV, JKMxxxM-78H-DV, JKMxxxM-6RL3-DV, JKMxxxM-7RL3-DV (i) 2.5% in the first year; (ii) 0.5% each year thereafter until that date which is thirty (30) years following the Warranty Start Date, at which time the Actual Power Output shall be not less than 83 % of the Nominal Power Output; (D) BIFACIAL SERIES: for P-Type Bifacial Modules: (1) DUAL GLASS BIFACIAL SERIES, only applicable to the following Modules types: JKMxxxM-60-BDVP, JKMxxxM-60H-BDVP, JKMxxxM-72-BDVP, JKMxxxM-72H-BDVP JKMxxxM-60HL-BDVP, JKMxxxM-72HL-BDVP, JKMxxxM-66H-BDVP, JKMxxxM-78H-BDVP ， JKMxxxM-7RL3-BDVP (i) 2.5% in the first year; (ii) 0.5% each year thereafter until that date which is thirty (30) years following the Warranty Start Date, at which time the Actual Power Output shall be not less than 83% of the Nominal Power Output. (2) TRANSPARENT BACKSHEET BIFACIAL SERIES: only applicable to the following Modules types: JKMxxxM-60H-TV, JKMxxxM-72H-TV, JKMxxxM- 60HL-TV , JKMxxxM-72HL-TV, JKMxxxM-66H-TV, JKMxxxM-78H-TV ，JKMxxxM-7RL3-TV, JKSM3- DCCA-xxx (i) 2.5% in the first year; (ii) 0.55% each year thereafter until that date which is thirty (30) years following the Warranty Start Date, at which time the Actual Power Output shall be not less than 81.55% of the Nominal Power Output. Notwithstanding anything to the contrary herein, the Limited Power Warranty for BIFACIAL SERIES Modules shall apply only to the front-side power output of such Modules. 4. POWER DEFINITIONS. “Nominal Power Output (PO0)” means the original manufactured nameplate specification of the Module, expressed in Watts, as certified by Jinko and indicated on the Module, excluding any specified positive tolerance. “Actual Power Output (POt)” means the power output of the Module, expressed in Watts, at Watt peak that a Module generates (or, for BIFACIAL SERIES, that the front- side of a Module generates) at a given point in time in a year after the Warranty Start Date (t) in DocuSign Envelope ID: 544B5890-8C5A-4338-837F-C0D5FAB2231A LIMITED WARRANTY REV. 112219-LINEAR 3 / 5 its ‘Maximum Power Point’ under Standard Test Conditions, corrected for any measurement error (“STC”). STC are as follows, measured in accordance with IEC 61215: (a) light spectrum of AM 1.5; (b) an irradiation of 1000W per m2; and (c) a cell temperature of 25 degrees centigrade at right angle irradiation. The “Degradation Rate (DR)” shall be any positive amount calculated in accordance with the following formula, expressed as a percent: DR = 1.00 – [(POt) / (PO0)] 5. CLAIMS. Customer shall bear the burden of establishing a breach of the Warranties hereunder. If Customer believes there has been a breach of the Limited Product Warranty or Limited Power Warranty (collectively, “Warranties”), then Customer shall promptly, and not later than thirty (30) days after knowledge thereof, provide notice to Jinko setting forth the following information related to the claim: (a) party making claim; (b) detailed description; (c) evidence, including photographs and data; (d) relevant serial numbers; (e) Warranty Start Date; (f) Module type; (g) physical address; (h) any additional evidence reasonably requested by Jinko; and (i) upon request from Jinko, the actual Module(s) allegedly causing the breach. Notwithstanding anything to the contrary herein, Jinko shall be entitled, in Jinko’s sole discretion upon written notice to Customer, to require that any breach of the Warranties alleged by Customer be reviewed by TÜV Rheinland, TÜV SUD or other neutral third party testing laboratory selected by Jinko and approved by Customer, such approval not to be unreasonably withheld or delayed (“Independent Testing Lab”). The power measurement tolerance of any testing equipment utilized by any Independent Testing Lab in performing tests required by this Section 5 shall be disclosed in writing to both Parties prior to performance of any such tests and shall be reflected in any final test results provided by the Independent Testing Lab. The determination by an Independent Testing Lab as to whether a breach has occurred shall be final and conclusive with respect to the matters covered by such determination. Jinko shall be responsible for all costs incurred by it in connection with the shipment by Customer of a Module pursuant to Section 5(i) hereto and any Independent Testing Lab’s services provided pursuant to this Section 5, including shipping, testing services, storage, insurance and any Module destruction incidental thereto; provided, however, Customer shall promptly upon receipt of notice indemnify Jinko for all such costs on a dollar-for-dollar basis in the event the Independent Testing Lab is unable to confirm a breach of the Warranties or, if no Independent Testing Lab was utilized, Customer is otherwise unable to establish a breach of the Warranties. 6. REMEDIES. In Jinko’s sole discretion, Jinko shall repair, replace or provide additional modules compensating for the related power loss for any Module which causes a breach of the Warranties. Additional, repaired or replacement Modules shall be delivered to the same destination and on the same INCOTERMS 2010 delivery basis that the original Module causing breach of the Warranties was delivered under the purchase agreement to which this Limited Warranty applies. Replaced Modules received by Jinko pursuant to Section 5 shall be the sole property of Jinko. Jinko shall be solely responsible for all shipping costs incurred performing its additional supply, repair or replacement obligations under this Section 6. Additional or replacement Modules shall be of the same type and physical form as the original Module, electrically compatible with the original Module, and have an electrical output of not less than the warranted power output of the original Module at the time DocuSign Envelope ID: 544B5890-8C5A-4338-837F-C0D5FAB2231A LIMITED WARRANTY REV. 112219-LINEAR 4 / 5 of supply or replacement, based on the warranted degradation rates set forth at Section 3 hereto. Notwithstanding the foregoing, if Jinko no longer supplies Modules meeting the foregoing criteria, then additional or replacement Modules provided under this Section 6 shall be those Modules then supplied by Jinko most substantially meeting the foregoing criteria. Jinko’s performance of any repair, replacement or additional supply pursuant to this Section 6 shall not extend the term of any Warranties. 7. EXCLUSIONS. This Limited Warranty is subject to the exclusions set forth in this Section 7. The Warranties shall not apply to any Module which has been: (a) altered, repaired or modified without the prior written consent of Jinko or otherwise inconsistent with Jinko’s written instructions; (b) removed and re-installed at any location other than the physical location in which it was originally installed following purchase by Customer or receipt from Jinko as a replacement Module; (c) subject to misuse, abuse, neglect, or accident except as may be caused by Jinko in the course of storage, transportation, handling, installation, application, use or service; (d) subject to force majeure, electrical surges, lightning, flood, fire, vandalism, tampering, accidental breakage, or other events beyond Jinko’s control, resulting in material damage to the Module; (e) installed on mobile platforms (other than single- or dual-axis trackers) or in a marine environment; (f) subject to direct contact with corrosive agents or salt water; pest damage; or malfunctioning PV system components; or (g) used in a manner inconsistent with the version of Jinko Installation Manual available at www.jinkosolar.com on the date the Module is manufactured. The Warranties shall not apply to any Module for which the labels thereon indicating type or serial number have been altered, removed or made illegible. The Warranty shall not apply to Modules for which full and final payment has not been received by Jinko. 8. NOTICE. Any notice required or permitted under this Limited Warranty shall be in writing and deemed to be properly given by the sender and received by the addressee. Mailed notices and facsimile notices shall be addressed to the Jinko office located closest to the place of original installation, as identified at www.jinkosolar.com/contact.html. Notices by e- mail should be sent to cs@jinkosolar.com. Customer shall promptly provide contact information upon request. For the avoidance of doubt, e-mail alone shall not constitute valid notice pursuant to this Section 8. 9. LIMITS OF LIABILITY. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS LIMITED WARRANTY, EXCEPT AS EXPRESSLY PROVIDED HEREIN, JINKO MAKES NO WARRANTIES, GUARANTEES OR CONDITIONS, EXPRESS OR IMPLIED, ARISING FROM OR RELATING TO THE MODULES AND JINKO DISCLAIMS ANY WARRANTY OR GUARANTEE IMPLIED BY LAW, INCLUDING IMPLIED WARRANTIES OF PERFORMANCE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OF CUSTOM OR USAGE, ARISING FROM OR RELATING TO THE MODULES. THE REMEDIES FOR BREACH OF THIS WARRANTY ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES ARISING FROM OR RELATING TO ANY BREACH OF THE WARRANTIES. IN NO EVENT SHALL JINKO BE RESPONSIBLE PURSUANT TO THIS WARRANTY FOR ANY PERFORMANCE ANALYSIS, INSPECTION, DIAGNOSIS, REMOVAL, CUSTOMS, IMPORT DUTIES, EXPORT DUTIES, TAXES, REINSTALLATION COSTS, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVER, INCLUDING LOSSES OR DAMAGES CAUSED BY REASON OF LOSS OF USE, DocuSign Envelope ID: 544B5890-8C5A-4338-837F-C0D5FAB2231A LIMITED WARRANTY REV. 112219-LINEAR 5 / 5 LOSS OF PROFITS OR REVENUE, INTEREST CHARGES (EXCEPT AS EXPRESSLY PROVIDED HEREIN), LOSS OF BONDING CAPACITY, COST OF CAPITAL OR CLAIMS OF CUSTOMER DAMAGES, WHETHER LIABILITY ARISES AS A RESULT OF BREACH OF CONTRACT, TORT LIABILITY (INCLUDING NEGLIGENCE), STRICT LIABILITY, BY OPERATION OF LAW OR IN ANY OTHER MANNER. EXCEPT AS SET OUT IN THIS LIMITED WARRANTY, JINKO SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY, OR FOR OTHER LOSS OR INJURY RESULTING FROM ANY CAUSE WHATSOEVER ARISING OUT OF OR RELATED TO THIS LIMITED WARRANTY. 10. ASSIGNMENT. Notwithstanding anything to the contrary herein, this Limited Warranty is for the sole and exclusive benefit of Customer and there are no third party beneficiaries hereof; provided, however, subject to written notice to Jinko and Jinko’s receipt of full and final payment for the Modules, this entire Limited Warranty may be assigned in whole but not in part to any person or entity. Any permitted assignee of this Limited Warranty shall execute such agreements as may reasonably be requested by Jinko to confirm the applicability of any term hereof as a condition to assignment. 11. LAW AND FORUM. Any dispute related to or arising out of this Limited Warranty, including without limitation any question regarding its existence, validity, breach, or termination, shall be referred to and finally resolved pursuant to the governing law clauses and dispute resolution procedures under the purchase agreement between the original purchaser and Jinko. As a condition to any obligation of Jinko hereunder, Jinko may require any Customer seeking to enforce this Limited Warranty to execute such additional agreements as may reasonably be required to enforce the terms of this Section 11. 12. MERGER CLAUSE. This Limited Warranty sets forth the entire agreement and understanding of the Parties relating to the subject matter herein and supersedes all prior or contemporaneous discussions, understandings and agreements, whether oral or written, between them relating to the subject matter hereof. 13. SEVERABILITY. If one or more provisions of this Limited Warranty are held to be unenforceable under applicable law, the Parties agree to renegotiate such provision in good faith. In the event that the parties cannot reach a mutually agreeable and enforceable replacement for such provision, then (a) such provision shall be excluded from this Limited Warranty, (b) the balance of this Limited Warranty shall be interpreted as if such provision were so excluded and (c) the balance of this Limited Warranty shall be enforceable in accordance with its terms. 14. MISCELLANEOUS. The terms of this Limited Warranty are conditioned upon their incorporation in a contractual agreement between Jinko and Customer, and when incorporated to such contractual agreement, this Limited Warranty shall be subject to the terms thereof and subject to modification when incorporated therein. Jinko reserves the right to modify or update this Limited Warranty at any time, with or without notice. [END OF LIMITED WARRANTY] DocuSign Envelope ID: 544B5890-8C5A-4338-837F-C0D5FAB2231A jinkosolar.us KEY FEATURES 380-400 Watt MONO PERC HALF CELL MODULE 10 Year Product Warranty 25 Year Linear Power Warranty 80.2% 90% 97% 100% 15 12 25 yearsGuaranteed Power PerformanceLinear performance warranty Standard performance warrantyAdditio n a l v a l u e f r o m J i n k o S o l a r ’ s l i n e a r w a r r a n t y LINEAR PERFORMANCE WARRANTY Eagle HC 72M G2 Nomenclature: JKM400M-72HL-V Code Cell null Full H Half Code Cell null Normal L Diamond Positive power tolerance of 0~+3% Code Certification null 1000V V1500V High Voltage UL and IEC 1500V certified; lowers BOS costs and yields better LCOE 1500V Diamond Cell Technology Uniquely designed high performance 5 busbar mono PERC half cell IEC61215,IEC61730 certified products UL1703 certified products ISO9001:2008 Quality Standards ISO14001:2004 Environmental Standards OHSAS18001 Occupational Health & Safety Standards PID FREE Certified for high snow (5400Pa) and wind (2400 Pa) loads Strength and Durability Reinforced cell prevents potential induced degradation Higher Module Power Decrease in current loss yields higher module efficiency Shade Tolerance More shade tolerance due to twin arrays DocuSign Envelope ID: 544B5890-8C5A-4338-837F-C0D5FAB2231A -40 ~+85 1500VDC(UL)/1500VDC(IEC) SPECIFICATIONS CAUTION: READ SAFETY AND INSTALLATION INSTRUCTIONS BEFORE USING THE PRODUCT. © Jinko Solar Co., Ltd. All rights reserved. Specifications included in this datasheet are subject to change without notice. JKM380-400M-72HL-V-A1-US 20A -0.36%/ -0.28%/ 0.048%/ 45±2 -50 -25 0 25 50 75 100 20 40 60 80 100 120 140 160 180 Temperature Dependence of Isc,Voc,Pmax EsgniwarD gnireenignE lectrical Performance & Temperature Dependence Mechanical Characteristics H 0.5mm +2008 2mm (79.06”)+Installing Holes Grounding A A2-Ø4952±2mm (37.48”) 952±2mm (37.48”)860±1mm (33.86”)400±1mm (15.75”)400±1mm1360±1mm (53.54”)1002 2mm (39.45”)+ JKM380M-72HL-V JKM400M-72HL-VJKM395M-72HL-VJKM390M-72HL-VJKM385M-72HL-V 0~+3% R4 . 5 147 10R 3 . 5 10.5 5555 9 5.5 1.5 1.51.840 35 7.7 4.9+0.200 +0.3 12AWG,Anode1400mm(55.12in), Cathode1400mm(55.12in)orCustomizedLength (Twopallets=Onestack) 26pcs/pallet,52pcs/stack,572pcs/40'HQContainer Packaging Configuration (Twopallets=Onestack) 26pcs/pallet,52pcs/stack,572pcs/40'HQContainer Packaging Configuration MonoPERCDiamondCell(158.75x158.75mm) 144(6×24) 22.5kg(49.6lbs) 2008×1002×40mm(79.06×39.45×1.57inch) ModuleType MaximumPower(Pmax) MaximumPowerVoltage(Vmp) MaximumPowerCurrent(Imp) Open-circuitVoltage(Voc) Short-circuitCurrent(Isc) ModuleEfficiencySTC(%) OperatingTemperature(℃) MaximumSystemVoltage MaximumSeriesFuseRating PowerTolerance TemperatureCoefficientsofPmax TemperatureCoefficientsofVoc TemperatureCoefficientsofIsc NominalOperatingCellTemperature(NOCT) Current-Voltage & Power-Voltage Curves (390W) 5 10 15 20 25 30 35 40 45 500 0 2 4 6 8 10 12 0 50 150 100 200 250 300 350 400 19.38% 390Wp 41.1V 9.49A 49.3V 10.12A 294Wp 7.54A 39.1V 48.0V 8.02A 19.14% 385Wp 40.8V 9.44A 49.1V 9.92A 290Wp 7.48A 38.8V 47.7V 7.95A 18.89% 380Wp 40.5V 9.39A 48.9V 9.75A 286Wp 7.42A 38.6V 47.5V 7.88A 19.88% 400Wp 41.7V 9.60A 49.8V 10.36A 302Wp 7.66A 39.6V 48.5V 8.16A 19.63% 395Wp 41.4V 9.55A 49.5V 10.23A 298Wp 7.60A 39.3V 48.2V 8.09A No.ofHalf-cells DocuSign Envelope ID: 544B5890-8C5A-4338-837F-C0D5FAB2231A 28 EXHIBIT E Warranty Information for Inverter and Power Optimizer DocuSign Envelope ID: 544B5890-8C5A-4338-837F-C0D5FAB2231A April 2019 1 LIMITED PRODUCT WARRANTY This SolarEdge Technologies Ltd. Limited Warranty covers defects in workmanship and materials of the below-listed products for the applicable Warranty Period set out below (the “Products”): Power optimizers: 25 years commencing on the earlier of: (i) 4 months from the date the power optimizers are shipped from SolarEdge; and (ii) the installation of the power optimizers, provided, however, that for the module embedded power optimizers (CSI and OPJ models), the Warranty Period shall not exceed the maximum of (1) the module product warranty and (2) the module power warranty periods provided by the applicable module manufacturer. Inverters, Safety & Monitoring Interface (SMI), Auto-transformer: 12* years commencing on the earlier of: (i) 4 months from the date the products are shipped from SolarEdge; and (ii) the installation of the products. StorEdge Interface: 10 years commencing on the earlier of: (i) 4 months from the date the Interfaces are shipped from SolarEdge; and (ii) the installation of the Interfaces. ZigBee Gateway, Commercial Gateway, Firefighter Gateway, Smart Energy products, Wireless Communication Products, RS485 Plug-in, Energy Meter: 5 years commencing on the earlier of: (i) 4 months from the date the product is shipped from SolarEdge; and (ii) the installation of the product. Warranty duration of wireless communication products is the same whether or not the product is pre-installed in the inverter. * In some countries the inverter warranty is limited to 7 years. For a list of these countries please access http://www.solaredge.com/articles/warranty_exceptions The Limited Warranty does not apply to components which are separate from the Products, ancillary equipment and consumables, such as, for example, cables, cable holders, fuses, wires and connectors, whether supplied by SolarEdge or others. Some components may carry their own manufacturer warranty. See product datasheet for more details. In addition, for all power optimizers with a part number ending in C, the SolarEdge warranty does not apply to the input connector. The Limited Warranty only applies to the buyer who has purchased the Products from an authorized seller of SolarEdge for use in accordance with their intended purpose. The Limited Warranty may be transferred from buyer to any assignee, an d will remain in effect for the time period remaining under the foregoing warranties, provided that the Products are not moved outside its original country of installation and any reinstallation is done in accordance with the installation directions and use guidelines accompany the Products (collectively the “Documentation”). If, during the applicable Warranty Period, buyer discovers any defect in workmanship and materials and seeks to activate the Limited Warranty, then buyer shall, promptly after such discovery, report the defect to SolarEdge by sending an email to support@solaredge.com with the following information: (i) a short description of the defect, (ii) the Product’s serial number, and (iii) a scanned copy of the purchase receipt or warranty certificate of the applicable Product. Upon buyer’s notification, SolarEdge shall determine whether the reported defect is eligible for coverage under the Limited Warranty. The Product’s serial number must be legible and properly attached to the Product in order to be eligible for Warranty coverage. If SolarEdge determines that the reported defect is not eligible for coverage under the Limited Warranty, SolarEdg e will notify buyer accordingly and will explain the reason why such coverage is not available. If SolarEdge determines that the reported defect is eligible for coverage under the Limited Warranty, SolarEdge will notify buyer accordingly, and SolarEdge may, in its sole discretion, take any of the following actions: repair the Product at SolarEdge’s facilities or on-site; or issue a credit note for the defective Product in an amount up to its actual value at the time buyer notifies SolarEdge of the defect, as determined by SolarEdge, for use toward the purchase of a new Product; or provide Buyer with replacement units for the Product. SolarEdge will determine whether the Product should be returned to SolarEdge and, if SolarEdge so determined, the Return Merchandise Authorization (“RMA”) Procedure (set out below) will be invoked. Where replacement Products are sent, SolarEdge generally sends such products within 48 hours. SolarEdge may use new, used or refurbished parts that are at least functionall y equivalent to the original part when making warranty repairs. The repaired Product or replacement parts or Product, as applicable, shall continue to be covered under the Limited Warranty for the remainder of the then-current Warranty Period for the Product. Where the RMA Procedure is invoked by SolarEdge, SolarEdge will instruct buyer how to package and ship the Product or part(s) to the designated location. SolarEdge will bear the cost of such shipment, upon receipt of the Product or part(s), SolarEdge will, at its expense and sole discretion, either repair or replace the Product or part(s). SolarEdge will deliver the repaired or replaced Product or part(s) to buyer at buyer’s designated location in countries where SolarEdge has an office and/or there is a significant PV market. For the specific list of countries to which such service is provided, DocuSign Envelope ID: 544B5890-8C5A-4338-837F-C0D5FAB2231A 2 please access http://www.solaredge.com/articles/shipping_cost_coverage_warranty. SolarEdge will bear the cost of such shipment, including shipping and customs (where applicable) and buyer shall bear any applicable value added tax. SolarEdge may elect to ship replacement Product and/or part(s) prior to receipt of the Product and/or part(s) to be returned to SolarEdge as per the above. All costs, including, without limitation, labor, travel and boarding costs of SolarEdge service personnel or others that are incurred for labor relating to repairs, uninstalling and reinstalling of Products on-site, as well as costs related to buyer’s employees and contractors repair or replacement activities, are not covered by the Limited Warranty and, unless otherwise agreed in writing in advance by SolarEdge, shall be borne by the buyer. Warranty Exclusions: This Limited Warranty will not apply if (a) buyer is in default under the General Terms and Conditions of other Agreement governing the purchase of the Product, or (b) the Product or any part thereof is: damaged as a result of misuse, abuse, accident, negligence or failure to maintain the Product; damaged as a result of modifications, alterations or attachments thereto which were not pre-authorized in writing by SolarEdge; damaged due to the failure to observe the applicable safety regulations governing the proper use of the Product; installed or operated not in strict conformance with the Documentation, including without limitation, not ensuring sufficient ventilation for the Product as described in SolarEdge installation guide; opened, modified or disassembled in any way without SolarEdge’s prior written consent; used in combination with equipment, items or materials not permitted by the Documentation or in violation of local codes and standards; damaged by software, interfacing, parts, supplies or other product not supplied by SolarEdge; damaged as a result of improper site preparation or maintenance or improper installation; damaged or rendered non-functional as a result of power surges, lightning, fire, flood, pest damage, accident, action of third parties, direct exposure to sea water or other events beyond SolarEdge’s reasonable control or not arising from normal operating conditions; or damaged during or in connection with shipping or transport to or from buyer where buyer arranges such shipping or transport. This Limited Warranty does not cover cosmetic or superficial defects, dents, marks or scratches, which do not influence the proper functioning of the Product. THE LIMITED WARRANTIES SET OUT HEREIN ARE IN LIEU OF ANY OTHER WARRANTIES WITH RESPECT TO THE PRODUCTS PURCHASED BY BUYER FROM SOLAREDGE, WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL (INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), ALL OF WHICH ARE EXPRESSLY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. Claims by buyer that go beyond the warranty terms set out herein, including claims for compensation or damages, are not covere d by the Limited Warranty, insofar as SolarEdge is not subject to statutory liability. In such cases, please contact the compa ny that sold you the Product. Eventual claims in accordance with the law on product liability remain unaffected. Coverage under the Limited Warranty is subject to buyer complying with the foregoing notification requirements and cooperating with SolarEdge’s directions. SolarEdge’s sole obligation and buyer’s exclusive remedy for any defect warranted hereunder is limited to those actions expressly stated above. Such actions are final and do not grant any further rights, in particular with resp ect to any claims for compensation. Unless otherwise specified in an executed Agreement with SolarEdge, the Limited Warranty and related provisions set out herei n are subject to SolarEdge’s General Terms and Conditions, including, without limitation, the provisions thereof, which relate to disclaimer of warranties, limitation of liability and governing law and jurisdiction. Revised: April 2019 DocuSign Envelope ID: 544B5890-8C5A-4338-837F-C0D5FAB2231A INVERTERSThe best choice for SolarEdge enabled systems Specifically designed to work with power optimizers Internet connection through Ethernet or Wireless Small, lightweight, and easy to install outdoors or indoors on provided bracket Fixed voltage inverter for longer strings Integrated Safety Switch Supplied with RS485 Surge Protection, to better withstand lightning events Integrated arc fault protection and rapid shutdown for NEC 2014 and 2017, per article 690.11 and 690.12 UL1741 SA certified, for CPUC Rule 21 grid compliance Built-in module-level monitoring Three Phase Inverters For the 208V Grid for North America SE9KUS / SE14.4KUS solaredge.com 12-20 YEAR WARRANTY DocuSign Envelope ID: 544B5890-8C5A-4338-837F-C0D5FAB2231A © SolarEdge Technologies, Inc. All rights reserved. SOLAREDGE, the SolarEdge logo, OPTIMIZED BY SOLAREDGE are trademarks or registered trademarks of SolarEdge Technologies, Inc. All other trademarks mentioned herein are trademarks of their respective owners. Date: 12/2018/V01/ENG NAM. Subject to change without notice. Three Phase Inverters For the 208V Grid for North America SE9KUS / SE14.4KUS SE9KUS SE14.4KUS APPLICABLE TO INVERTERS WITH PART NUMBER SEXXK-XXXXXNXXX OUTPUT Rated AC Power Output 9000 14400 VA Maximum AC Power Output 9000 14400 VA AC Output Line Connections 4-wire WYE (L1-L2-L3-N) plus PE or 3 wire Delta AC Output Voltage Minimum-Nominal-Maximum(2) (L-N)105-120-132.5 Vac AC Output Voltage Minimum-Nominal-Maximum(2) (L-L)183-208-229 Vac AC Frequency Min-Nom-Max(2)59.3 - 60 - 60.5 Hz Max. Continuous Output Current (per Phase) 25 40 A GFDI Threshold 1 A U t i l i t y M o n i t o r i n g , I s l a n d i n g P r o t e c t i o n , C o u n t r y C o n fi g u r a b l e S e t P o i n t s Yes INPUT Maximum DC Power (Module STC)12150 19400 W Transformer-less, Ungrounded Yes Maximum Input Voltage DC to Gnd 250 300 Vdc Maximum Input Voltage DC+ to DC-500 600 Vdc Nominal Input Voltage DC to Gnd 200 Vdc Nominal Input Voltage DC+ to DC-400 Vdc Maximum Input Current 26.5 38 Adc Maximum Input Short Circuit Current 45 Adc Reverse-Polarity Protection Yes Ground-Fault Isolation Detection 1MΩ Sensitivity 350kΩ Sensitivity(3) CEC Weighted Efficiency 96.5 97 % Night-time Power Consumption < 3 < 4 W ADDITIONAL FEATURES Supported Communication Interfaces RS485, Ethernet, ZigBee (optional) Rapid Shutdown – NEC 2014 and 2017 690.12 Automatic Rapid Shutdown upon AC Grid Disconnect RS485 Surge Protection Supplied with the inverter STANDARD COMPLIANCE Safety UL1741, UL1741 SA, UL1699B, CSA C22.2, Canadian AFCI according to T.I.L. M-07 Grid Connection Standards IEEE1547, Rule 21, Rule 14 (HI) Emissions FCC part15 class B INSTALLATION SPECIFICATIONS AC output conduit size / AWG range 3/4” minimum / 12-6 AWG 3/4” minimum / 8-4 AWG DC input conduit size / AWG range 3/4” minimum / 12-6 AWG Number of DC inputs 2 pairs 3 pairs(4) Dimensions (H x W x D)21 x 12.5 x 10.5 / 540 x 315 x 260 in / mm Dimensions with Safety Switch (H x W x D)30.5 x 12.5 x 10.5 / 775 x 315 x 260 in / mm Weight 73.2 / 33.2 99.5 / 45 lb / kg Weight with Safety Switch 79.7 / 36.2 106 / 48 lb / kg Cooling Fans (user replaceable) Noise < 50 < 55 dBA Operating Temperature Range -40 to +140 / -40 to +60(5) ˚F / ˚C Protection Rating NEMA 3R (1) For 277/480V inverters refer to: https://www.solaredge.com/sites/default/files/se-three-phase-us-inverter-datasheet.pdf (2) For other regional settings please contact SolarEdge support (3) Where permitted by local regulations (4) Field replacement kit for 1 pair of inputs P/N: DCD-3PH-1TBK; Field replacement kit for 3 pairs of fuses and holders P/N: DCD-3PH-6FHK-S1 (5) For power de-rating information refer to: https://www.solaredge.com/sites/default/files/se-temperature-derating-note-na.pdf DocuSign Envelope ID: 544B5890-8C5A-4338-837F-C0D5FAB2231A POWER OPTIMIZERPower Optimizer For North America P860 25YEARWARRANTY solaredge.com PV power optimization at the module-levelThe most cost effective solution for commercial and large field installations Specifically designed to work with SolarEdge inverters Up to 25% more energy Fast installation with a single bolt Advanced maintenance with module-level monitoring Module-level voltage shutdown for installer and firefighter safety Meets NEC requirements for arc fault protection (AFCI) and Photovoltaic Rapid Shutdown System (PVRSS) Use with two PV modules connected in parallel Superior efficiency (99.5%) Balance of System cost reduction; 50% less cables, fuses and combiner boxes, over 2x longer string lengths possible DocuSign Envelope ID: 544B5890-8C5A-4338-837F-C0D5FAB2231A PV System Design Using a SolarEdge Inverter(8) Three Phase for 208V Grid(9)Three Phase for 277/480V Grid Minimum String Length Power Optimizers 8 14 PV Modules 16 27 Maximum String Length Power Optimizers 30 PV Modules 60 Maximum Power per String 7200(10)15300(11)W Parallel Strings of Different Lengths or Orientations Yes (1) Rated power of the module at STC will not exceed the optimizer “Rated Input DC Power”. Modules with up to +5% power tolerance are allowed.(2) In a case of odd number of PV modules in one string, it is allowed to install one P860 power optimizer connected to one PV module. When connecting a single module to P860, seal the unused input connectors with the supplied pair of seals. (3) NEC 2017 requires max combined input voltage be not more than 80V. (4) For other connector types please refer to: https://www.solaredge.com/sites/default/files/optimizer-input-connector-compatibility.pdf (5) Longer inputs wire length are available for use with split junction box modules. (For option 2 order P860-xxxYxxY. For option 3 order P860-xxxZxxY). (6) When using longer input wire length (options 2 and 3), the output wire length is 2.2m /7.2ft (7) For ambient temperature above +70˚C / +158˚F power de-rating is applied. Refer to Power Optimizers Temperature De-Rating Application Note for more details. Optimizer Model(Typical Module Compatibility)P860(for 2 x 72 cell modules) INPUT Rated Input DC Power(1)860 W Connection Method Dual input for independently connected modules(2) Absolute Maximum Input Voltage(Voc at lowest temperature)60 Vdc MPPT Operating Range 12.5 - 60 Vdc Maximum Short Circuit Current (Isc) 22 Adc Maximum Short Circuit Current per input (Isc) 11 Adc Maximum Efficiency 99.5 % Weighted Efficiency 98.6 % Overvoltage Category II OUTPUT DURING OPERATION (POWER OPTIMIZER CONNECTED TO OPERATING SOLAREDGE INVERTER) Maximum Output Current 18 Adc Maximum Output Voltage 85 Vdc OUTPUT DURING STANDBY (POWER OPTIMIZER DISCONNECTED FROM SOLAREDGE INVERTER OR SOLAREDGE INVERTER OFF) Safety Output Voltage per Power Optimizer 1 ± 0.1 Vdc STANDARD COMPLIANCE Photovoltaic Rapid Shutdown System Compliant with NEC 2014, 2017(3) EMC FCC Part15 Class B, IEC61000-6-2, IEC61000-6-3 Safety IEC62109-1 (class II safety), UL1741 Material UL94 V-0, UV Resistant RoHS Yes INSTALLATION SPECIFICATIONS Compatible SolarEdge Inverters Three phase inverters Maximum Allowed System Voltage 1000 Vdc Dimensions (W x L x H)129 x 168 x 59 / 5.1 x 6.61 x 2.32 mm / in Weight 1064 / 2.34 gr / lb Input Connector MC4(4) Input Wire Length(5) Lengths options Input #1 Input #2 m / ft(1)(-) 0.16 / 0.52, (+) 0.16 / 0.52 (-) 0.16 / 0.52, (+) 0.16 / 0.52 (2)(-) 1.6 / 5.24 , (+) 0.16 / 0.52 (-) 0.16 / 0.52 , (+) 1.6 / 5.24 (3)(-) 1.6 / 5.24, (+) 1.6 / 5.24 (-) 1.6 / 5.24, (+) 1.6 / 5.24 Output Wire Type / Connector Double Insulated; MC4 Output Wire Length 2.1 / 6.8 (6)m / ft Operating Temperature Range(7)-40 - +85 / -40 - +185 ˚C / ˚F Protection Rating IP68 / NEMA6P Relative Humidity 0 - 100 % © SolarEdge Technologies Ltd. All rights reserved. SOLAREDGE, the SolarEdge logo, OPTIMIZED BY SOLAREDGE are trademarks or registered trademarks of SolarEdge Technologies, Ltd. All other trademarks mentioned herein are trademarks of their respective owners. Date: 11/2019/V01/ENG NA. Subject to change without notice. Power Optimizer For North America P860 (8) It is not allowed to mix P860 with P730/P800p/P850 in one string or to mix with P320/P340/P370/P400/P405/P505 in one string. (9) P860 design with three phase 208V inverters is limited. Use the SolarEdge Designer for verification. (10) For 208V grid: It is allowed to install up to 7,700W per string when the maximum power difference between each string is 1,000W (11) For 277/480V grid: it is allowed to install up to 17,550W per string when the maximum power difference between each string is 2,000W DocuSign Envelope ID: 544B5890-8C5A-4338-837F-C0D5FAB2231A 29 EXHIBIT F PV Mounting System (Iron Ridge) DocuSign Envelope ID: 544B5890-8C5A-4338-837F-C0D5FAB2231A June 1, 2018 IronRidge, Inc. Page 1 28357 Industrial Blvd Hayward, CA 94545 (800)227-9523 IronRidge.com IronRidge Limited Product Warranty 1.For products sold after June 1, 2018, IronRidge provides, to the original purchaser of the Products from IronRidge, and any subsequent owner of the Products, subject to section 4 below ("Purchaser"), the following warranties for "Products" (defined as products manufactured by IronRidge, excluding polymeric components) and installed properly and used for the purpose for which the Products are designed (collectively the "Warranty"), commencing on the earlier of (a) the date of complete installation of the Products or (b) 30 days after the initial purchase of the Products from IronRidge: •for a period of five years, Products with finishes (excluding Products that are mill finished) will be free of visible defects, peeling, or cracking; and •for a period of 25 years, Products will be free of defects in materials and manufacturing which materially impair the use of the Product for the purpose for which it was designed. 2.The Warranty excludes: a)any defect that has not been reported to IronRidge in writing (i) within the warranty periods set forth above and (ii) within 60 days after discovery of such defect; b)normal wear, or damage resulting from misuse, overloading, abuse, improper installation (including failure to follow professional instruction and certification), negligence, or accident, or from force majeure acts including any natural disasters, extreme weather, war, or criminal acts; c)Products that have been altered, modified or repaired without written authorization from IronRidge or its authorized representative; d)damage to or caused by, or defects in, parts or materials not sold by IronRidge (irrespective of IronRidge documentation); e)Products installed, used or maintained in a manner contrary to IronRidge documentation; and f)damage to the Products during shipment, storage, installation or use. The finish warranty in section 1(c) above does not apply to surface oxidation or any foreign residue deposited on the Product finish, or to Products installed in corrosive atmospheric conditions, and is void if the practices specified by AAMA 609 & 610-02 – “Cleaning and Maintenance for Architecturally Finished Aluminum”, or ASTM A780/A780M - 09 “Standard Practice for Repair of Damaged and Uncoated Areas of Hot-Dip Galvanized Coatings”, as applicable, are not followed. 3.The determination of the existence of a valid Warranty claim or the applicability of any exclusion set forth in section 2 will be made by IronRidge in its sole discretion. Any waiver of or failure to claim a warranty exclusion will not create a continuing waiver or any expectation of non-enforcement of any such exclusion. In the event of breach of or non- compliance with the warranties set forth above, IronRidge's sole obligation and liability, and Purchaser's sole and exclusive remedy, shall be correction by IronRidge or its authorized representative of defects by repair, replacement, or credit, at IronRidge’s sole discretion, provided Purchaser submits written proof of purchase and the date thereof within the applicable warranty period. Such repair, replacement or credit will not cause the warranty periods above to be reset, will completely satisfy and discharge IronRidge's liability and obligation with respect to the Warranty, and will not create an expectation of Warranty coverage in the future. Refurbished Product may be used to repair or replace the defective components. Transportation, installation, labor, or any other costs or losses associated with failure of Warranty compliance, or Product replacement or repair, are not covered by this Warranty and are not reimbursable. 4.The Warranty is assignable by Purchaser and any subsequent owner of the Products, provided that the Products remain installed at the original installation location, and provided that any subsequent owner agrees in writing to be bound by the terms of this IronRidge Limited Product Warranty document. Change in ownership of the Products or assignment of this Warranty will not cause the warranty periods above to be reset. Any subsequent owners to whom DocuSign Envelope ID: 544B5890-8C5A-4338-837F-C0D5FAB2231A June 1, 2018 IronRidge, Inc. Page 2 28357 Industrial Blvd Hayward, CA 94545 (800) 227-9523 IronRidge.com the Warranty is assigned shall be considered a subsequent "Purchaser" for purposes of this Warranty during the period of ownership of the Product(s). 5.Except as set forth above, IronRidge sells the Products on an "AS IS" basis, which may not be free of errors or defects, and ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, WORKMANLIKE EFFORT, CORRESPONDENCE TO DESCRIPTION, DESIGN, TITLE OR NON-INFRINGEMENT, OR ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE PRACTICE, ARE HEREBY DISCLAIMED. IN NO EVENT WILL IRONRIDGE BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH, RELATED TO OR ARISING OUT OF THE WARRANTY OR THE PRODUCTS, OR OTHERWISE BE LIABLE FOR INTERRUPTION OF BUSINESS, COST OF COVER, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF USE, OR OTHER ECONOMIC ADVANTAGE, REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF IRONRIDGE HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IronRidge will not be liable for claims by Purchaser for damages suffered by Purchaser's customers, or claims of third parties. IronRidge's maximum aggregate liability for all claims and obligations relating to or arising from the Warranty is limited to the original purchase price of the nonconforming Products. DocuSign Envelope ID: 544B5890-8C5A-4338-837F-C0D5FAB2231A DocuSign Envelope ID: 544B5890-8C5A-4338-837F-C0D5FAB2231A DocuSign Envelope ID: 544B5890-8C5A-4338-837F-C0D5FAB2231A 30 EXHIBIT G (Steel Building Warranty, to be provided by county) DocuSign Envelope ID: 544B5890-8C5A-4338-837F-C0D5FAB2231A DocuSign Envelope ID: 544B5890-8C5A-4338-837F-C0D5FAB2231A DocuSign Envelope ID: 544B5890-8C5A-4338-837F-C0D5FAB2231A DocuSign Envelope ID: 544B5890-8C5A-4338-837F-C0D5FAB2231A DocuSign Envelope ID: 544B5890-8C5A-4338-837F-C0D5FAB2231A DocuSign Envelope ID: 544B5890-8C5A-4338-837F-C0D5FAB2231A DocuSign Envelope ID: 544B5890-8C5A-4338-837F-C0D5FAB2231A DocuSign Envelope ID: 544B5890-8C5A-4338-837F-C0D5FAB2231A DocuSign Envelope ID: 544B5890-8C5A-4338-837F-C0D5FAB2231A DocuSign Envelope ID: 544B5890-8C5A-4338-837F-C0D5FAB2231A DocuSign Envelope ID: 544B5890-8C5A-4338-837F-C0D5FAB2231A DocuSign Envelope ID: 544B5890-8C5A-4338-837F-C0D5FAB2231A DocuSign Envelope ID: 544B5890-8C5A-4338-837F-C0D5FAB2231A