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2019-701-E DEAPR - ECS Southeast materials testing for River Park
DocuSign Envelope ID: 1 C70F9FE-526C-4CE4-94BA-7079005l l B9B [Departmental Use Only] TITLE MaterialsTesting River Pk FY 2019-2020 ORANGE COUNTY CONTRACT UNDER$5,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this twentyfifth day of September, 2019, ("Effective Date") by and between Orange County, North Carolina, a body politic and corporate organized under the laws of the State of North Carolina, (the "County"), party of the first part; and ECS Southeast, LLP (the "Provider"), party of the second part; WITNESSETH: For the purpose and subject to the terms and conditions hereinafter set forth, the County hereby contracts for the services of the Provider, and the Provider agrees to provide the following services to the County in accordance with the terms of this Agreement,time being of the essence: The services and/or materials and/or construction (hereinafter referred to collectively as "Services") to be furnished under this Agreement are as follows: Materials and testing services required to develop the Phase II Improvements in River Park. Testing services include: soil placement and compaction; foundation bearing capacity; concrete construction (with rebar inspection); masonry construction; steel erection; asphalt placement and compaction; laboratory testing of soils and concrete and electronic filed reports. The term of this agreement rendered shall be from 9/25/2019 to 12/18/2019. Provider represents and agrees that Provider is qualified to perform and fully capable of performing and providing the services required or necessary under this Agreement in a fully competent, professional and timely manner to the satisfaction of the County. Provider shall be responsible for all errors or omissions, in the performance of the Agreement. Provider shall correct any and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts at no additional cost to the County. Provider agrees that Provider shall not sub-contract any of the services to be provided in this Agreement, nor shall Provider assign any right or responsibility granted or required by this Agreement,without the prior written approval of the County. SPECIFIC TERMS 1. Payment: The County agrees to pay at the rates specified for Services satisfactorily performed in accord with this Agreement. The amount to be paid by the County shall not exceed four thousand, nine hundred and fifty dollars, ($4,950). Payment shall be made within thirty (30) days of an invoice properly submitted to County. Should Provider fail to perform its duties under the terms of this Agreement, County may, without fault or penalty, withhold any payment associated with the work to be performed until such time as said work is completed. 2. Non—waiver: Failure by County at any time to require the performance by Provider of any of the provisions hereof shall in no way waive or affect the County's right hereunder to enforce the same, nor shall any waiver by the County of any breach be held to be a waiver of any succeeding breach or a waiver of this Non-Waiver Clause. 3. Independent Contractor: The Provider shall operate as an independent contractor, and the County shall not be responsible for any of the Provider's acts or omissions. The Provider shall not be treated as an employee with respect to the Services performed hereunder for federal or state tax, unemployment or workers' compensation purposes. The Provider understands that neither federal, nor state, nor payroll tax of any kind shall be withheld or paid by the County on behalf of the Provider or the employees of the Provider. Revised 12l18 1 DocuSign Envelope ID: 1 C70F9FE-526C-4CE4-94BA-7079005l l B9B I Insurance: Provider shall obtain, at its sole expense, Commercial General Liability Insurance, Automobile Insurance, Workers' Compensation Insurance, and any additional insurance as may be required by County"s Risk Manager as such insurance requirements are described in the Orange County Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at http:llwww.orangecountync.gov/departments/purchasinp divisionlcontracts,phpl. If County's Risk Manager determines additional insurance coverage is required such additional insurance shall be designated here NIA (if no additional insurance required mark NIA as being not applicable). Provider shall not commence work until such insurance is in effect and certification thereof has been received by the County's Risk Manager. 5. Indemnity: The Provider agrees, without limitation,to defend, indemnify, and hold harmless Orange County from all losses, liabilities, claims, demands, suits, costs, damages or expenses (including reasonable attorney's fees)arising from bodily injury, including death,to any person or persons or damage to or destruction of any property caused in whole or in part by any negligent or intentional act or omission on the part of the Provider in carrying out Provider's duties and obligations related to the Services to be provided in this Agreement. 6. Termination:This Agreement may be terminated at any time by mutual written agreement of the parties or by the County upon written notice to the Provider. County may suspend this Agreement upon reasonable notice to Provider. 7. Entire Agreement and Signatures: The parties have read this Agreement and agree to be bound by all of its terms, and further agree that it constitutes the complete and exclusive statement of the Agreement between the parties unless and until modified in writing and signed by the parties. Modifications may be evidenced by telefacsimile signature. This Agreement together with any amendments or modifications may be executed electronically. All electronic signatures affixed hereto evidence the consent of the Parties to utilize electronic signatures and the intent of the parties to comply with Article I IA and Article 40 of North Carolina General Statute Chapter 66. 8. Governing Law and Priori Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina and Orange County. Provider shall at all tithes remain in compliance with all applicable local, state, and federal laws, rules, and regulations including but not limited to all state and federal anti-discrimination laws, policies, rules, and regulations and the Orange County Non- Discrimination Policy and Orange County Living Wage Policy (each policy is incorporated herein by reference and may be viewed at http://www.orangecouniync.gov/departments/purchasinp, divisionlcontracts. h .). Any violation of this requirement is a breach of this Agreement and County may immediately terminate this Agreement without further obligation on the part of the County. This paragraph is not intended to limit and does not limit the definition of breach to discrimination. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147-86.58. By executing this Agreement Provider certifies that Provider has not been identified,and has not utilized the services of any agent or subcontractor identified,on the list created by the State Treasurer pursuant to G.S. 147-86.8I. By executing this Agreement Provider affirms Provider is and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. In determining the basic services to be provided, should any documents be referenced in or attached to this Agreement, the terms herein shall have priority in any conflict between the terms of referenced documents and the terms of this Agreement. 9. Dispute Resolution: Neither party may initiate binding arbitration. Any disputes shall be resolved by nonbinding mediation. If such mediation fails either party may initiate litigation to resolve the Revised 12118 2 DocuSign Envelope ID: 1 C70F9FE-526C-4CE4-94BA-7079005l l B9B dispute. Should either party initiate litigation to settle any dispute involving the terms of this Agreement such litigation shall be initiated in the General Court of.Justice of North Carolina seated in Orange County, North Carolina. 10. Non Appropriation: Provider acknowledges that County is a governmental entity, and the validity of this Agreement is based upon the availability of public funding under the authority of its statutory mandate. In the event that public funds are unavailable and not appropriated for the performance of County's obligations under this Agreement,then this Agreement shall automatically expire without penalty to County immediately upon written notice to Provider of the unavailability and non-appropriation of public funds. IN WITNESS WHEREOF,Orange County and the Provider have signed this Agreement,effective as of the day first written above. ORANGE COUNTY PROWDER CPD ocuSigned by: OacuSigned by: B #_ 10/2/2019 B N ff" �XSUt 9/26/2019 611CFA16537Rd95. _ tor Ti 3V8P�82"Llsi dent ——r--------—� r.v. 200 S.Cameron St. Matthew Olsen; ECS Branch Manager P.Q.Box 8181 1912-D Center Park Drive Hillsborough,NC 27278 Charlotte,NC 28217 Revised 12118 DocuSign Envelope ID: 1 C70F9FE-526C-4CE4-94BA-7079005l l B9B ECS SOUTHEAST, LLP Setting the Standard for Service' Geotechnical a Construction Materials • Environmental * Facilities NC Rel;rear*fGeala 4sttFirm F-347R NC Re R:eeerrn Geola��fe4 Firm C-796 SC Re✓elstere0 E"Ohneeeims Fern 32st WORK AUTHORIZATION ECS SOUTHEAST, LLP {ECS} is pleased to propose the provision of services as outlined in the scope of services below. This contract, together with the attached Terms and Conditions of Service, confirms your authorization for the services requested and the general conditions under which the services are provided, as well as your agreement to pay for such services. Protect Information Project Name Diver Park Phase 11 Improvements ECS Project Number Project Street Address 228 Churton Street ECS Proposal Number 06:21628 C H sborau h County ❑ran a State North Carolina Zip 27278 Client Billingllnvoice Information Firm Orange Count _ Attn. Ms. Marabeth Carr Client ID 06:0I63-00 Mailing Address I 306A Revere Road City I Hillsborough State NC Zip 27278 Phone 919-245-2516 Email I mcarr oran ecoun ❑v Cell 919-906-0526 Fax Proposed Scope of Services: ECS proposes to provide qualified engineers and engineering technicians to perform the requested services. The following testing services may be requested on this project: Soil Placement and Compaction e Foundation Bearing Capacity Concrete Construction (including rebar inspection) e Masonry Construction Steel Erection e Asphalt Placement and Compaction • Laboratory Testing of Soils and Concrete • Electronic Field Reports Totai Estimated Cost: $4,950 ECS will invoice you for services rendered on a unit-rate basis in accordance with the unit rates provided in the attached Project Fee Schedule ECS will submit invoices on a monthly basis--typically on or about the 10th of each month Work Authorized b Signature: ❑ate Print Name. Title: Signatory warrants his/her authority to bind the entity represented. Work EstimatelAuthorixation Prepared b Work EstimatelAuthorixation Reviewed by: Jack E. Cowsert, P.E., Senior Project Manager Matthew B. Olsen, P.E., Vice President Date. September 25. 2019 Date: September 25, 2019 Attachments: Fee Schedule and Terms& Conditions of Service 9001 Glenwood Avenue,Raleigh,NC 27617-7505 • T.919.861.9910 • F:919.861.9911 • ecslimited.com ECS Capitol Services,PLLC • ECS Florida,LLC • ECS Mid-Atlantic,LLC * ECS Midwest,LLC ■ ECS Southeast,LLP • ECS Southwest,LLP DocuSign Envelope ID: 1C70F9FE-526C-4CE4-94BA-707900511B96 ECS SOUTHEAST, LLP CMT SERVICES FEE SCHEDULE FOR RIVER PARK PHASE II IMPROVEMENTS HILLSBOROUGH NORTH CAROLINA ECS Proposal No.06:21628 Senior Principal Engineer...........................................................................................................$200.001hour PrincipalEngineer.......................................................................................................................$185.001hour Senior Professional Engineer.....................................................................................................$130.001hour ProjectManager.............................,,.........,..........,......................................................................$110.001hour Assistant Project Manager.......................................................................................................-$85.001hour Field Technician (")....................................................................................................................$50.00/hour ICC Technician(..).................................................................... ...............................$65.00lhour NCDOT Field Technician(**) ....................................................................................................$65.001hour Senior Level AWS CWI(NDE:UT, MT, PT,RI)(**)..................................................................$100.001hour Administrative Support........................... Transportation via company or private vehicle...........................................................................$ 0.751mile Note: Charges for engineering and technical personnel will be made for time spent in the field, in engineering analysis, in preparation of reports, and in travel portal to portal from our office. For scheduling requests received without sufficient notice as stated within the ECS proposal, services will be staffed with available personnel at the associated unit rates. (")=Overtime= Standard Rate x 1.50 for over 8 hours per day and outside normal business hours of 7:00am to 5.00pm,holiday, Saturday,or Sunday EQUIPMENT and LABORATORY R-Meter................................................................................................................•..........................$50.00/day Coremachine..................................................................................................................................$250.00lday GPREquipment..............................................................................................................................$175.001day Moisture Emission Test Kit...........................—.—...........................................................................$50.001unit Nuclear Density and Moisture Measuring Equipment....................................................................$50.001day ThinLift Nuclear Gauge..................................................................................................................$50.001day UltrasonicEquipment................................................................................................•--......---.......—$100.001day Dipstick .................................................................................................---.......................................$150.001day Asphalt Bulk Specific Gravity..........................................................................................................$75.00 each WindsorProbe Gun........................................................................................................................$125.001day Windsor Probe Shots......................................................................................................................$75.001shot Standard Proctor(ASTM ❑-698)....................................................................................................$130.00 each Modified Proctor(ASTM D-1557)4 inch mold...............................................................................$140.00 each Atterberg Limits Testing...-..........---....-...................-................................................................$65.00 each Wash 200 Sieve Analysis...............................................................................................................$45.00 each Testing of Cylinders, Prisms,Cubes and Care Specimens: Compressive Strength of grout prisms(3.5"x3.5"x7").......................................................$ 18.00 each Compressive strength of mortar cubes.............................................................................$ 12.00 each Compressive strength of concrete cylinders including reserves, (ASTM C-39)...............$ 12.00 each Core Specimen(including sample preparation) ................................$25.001test Extra Molds-cylinder molds included in compressive strength rate(per case of 30) $65.001case Note: The above charges will be made for tests and equipment operated by ECS SOUTHEAST. LLP personnel in addition to personnel charges already listed. Soil Samples requiring a turnaround time of less than 5 days will be billed at 1.5 times the test unit rate. DocuSign Envelope ID: 1 C70F9FE-526C-4CE4-94BA-7079005l l B9B Proposal No.: 06:21628 (hereinafter the"Proposal') L ECS SOUTHEAST, LLP rrrrrE TERMS AND CONDITIONS OF SERVICE The professional servlres('Services")to be provided by ECS SOUTHEAST,LLP("ECS") 7.2 CLIENT warrants that It possesses all necessary permits, licenses andlor utility pursuant to the Proposal shall be provided In accordance with these Terms and Conditions clearances for the Services to be provided by ECS except where ECS'Proposal of Service("Terms'),Including any addenda as may be Incorporated or referenced in wrlling expliciIly states that ECS will obtain such permits,licenses,and/or utility clearances. and shall form the Agreement between ECS and CLIENT. 7.3 ECS will lake reasonable precautions to limit damage to the Site and its 1.0 INDEPENDENT CONSULTANT STATUS -ECS shall serve as an independent Improvements during the performance orb Services. CLIENT understands that the professional consultant to CLIENT for Services on the Project and shall have control over, use of exploration,boring,sampling,or testing equipment may cause damage to the and responsibillty for,the means and methods for providing the Services identified In the Site. The correction and restoration of such common damage is CLIENT'S Proposal,including the retention of Subcontractors and Subconsullants responsibility unless specifically included In ECS'proposal. 7A CLIENT agrees that it will not bring any claims for liability or for injury or lass against 2.0 SCOPE OF SERVICES-It is understood that the Teas,reimbursable expenses ECS arising from(1)procedures associated with the exploration,sampling or testing and time schedule defined In the Proposal are based on Information provided by CLIENT activities at the Site,ply discovery of Hazardous Materials or suspected Hazardous andlor CLIENT'S, agents, contractors and consultants ('Contractors"). CLIENT Materials, or(iii) ECS' findings, conclusions, opinions, recommendations, plans, acknowledges that if this information is not currem,Is incomplete or Inaccurate,if conditions andlor specifications related to discovery of contamination. are discovered that could not be reasonably Foreseen, or if CLIENT orders additional services,the scope of services will change,even while the Services are In progress. 0.0 UNDERGROUND UTILITIES 3,0 STANDARD OF CARE 8.1 ECS shall exercise the Standard of Care in evaluating client-fumished informalion as well as information readily and customarily available from public utility Iocaling 3.1 In fulfilling its obligations and responsibilities enumerated in the Proposal, services(the"Underground Uliiity Information")In Its effort to Identify underground ECS shall be expected to comply with and its performance evaluated in light ufilitles.The extent of such evaluations shall be at ECS'sole discretion. of the standard of care expected of professionals In the industry performing 8.2 CLIENT recognizes that the Underground Utility information provided to or obtained similar services on projects of like size and complexity at that time in the by ECS may contain errors or be incomplete.CLIENT understands that ECS may region (the "Standard of Care"). Nothing contained in the Proposal, the be unable to Identify the locations of all subsurface utility lines and man-made agreed-upon scope of Services,these Terms or any ECS report,opinion,plan features. or other document prepared by ECS shall constitute a warranty or guarantee of any nature whatsoever. 8.3 CLIENT waives, releases, and discharges ECS from and against any claim for 3,$ CLIENT understands and agrees that ECS will rely on the faces teamed from data damage,injury or loss allegedly arising from or related to subterranean structures (pipes,tanks,cables,or other utilities,etc.)which are not called to ECS'attention in gathered during performance of Services as well as those facts provided by the writing by CLIENT, not correctly shown on the Underground Utility Information CLIENT andlor CLIENT'S contractors and consultants. CLIENT acknowledges that andlor not properly marked or located by the utility owners,governmental or quasi- such data collection is limited to specific areas that are sampled, bored, tested, governmental locators,or private utility Iocating services as a result of ECS'or ECS' observed and/or evaluated. Consequently. CLIENT walves any and all claims Subconsultanl's request for utility marking services made in accordance with local based upon erroneous facts provided by the CLIENT,feats subsequently learned or industry standards. regarding conditions in areas not specifically sampled,bored,tested,observed or evaluated by ECS. 9.0 SAMPLES 3.3 if a situation arises that causes ECS to believe compliance with CLIENT'S directives 9.1 Soil,rock,water,building maledals andlor other samples and sampling by-products would be contrary to sound engineering practices,would violate applicable laws, obtained from the Site are and remain the property of CLIENT. Unless other, regulations or codes,or will expose ECS to legal claims or charges.ECS shall so arrangements are requested by CLIENT and mutually agreed upon by ECS in advise CLIENT. If ECS'professional Judgment is rejected.ECS shall have the right writing,ECS will retain samples not consumed In laboratory testing for up to sixty to terminate its Services in accordance wlth the provisions of Section 25.0.below. (60)calendar days after the first issuance of any document centalNng data obtained 3.4 If CLIENT decides to disregard ECS'recommendations with respect to complying from such samples.Samples consumed by laboratory testing procedures will not be with applicable laws or regulations.ECS shall determine if applicable law requires stored. ECS to notify the appropriate public officials. CLIENT agrees that such 9.2 Unless CLIENT directs otherwise,and excluding those issues covered In Section determinations are ECS'sole right to make. 10.0.CLIENT authorizes ECS to dispose of CLIENT'S non-hazardous samples and 4.0 CLIENT DISCLOSURES sampling or testing by-products in accordance with applicable laws and regulations. 4.1 Where the Services requires ECS to penetrate a surface, CLIENT shall fumish 10.0 ENVIRONMENTAL RISKS and/or shall direct CLiENT"S or CLIENT'S Contractors to furnish ECS Information 10.1 When Hazardous Materials are known,assumed,suspected to ex€st,or discovered identifying the type and location of utility lines and other man-made objects known, at the Site,ECS will endeavor to protect its employees and address public health, suspected,or assumed to be located beneath or behind the Site's surface. ECS safety,and environmental issues In accordance with the Standard of Care. CLIENT shall be entitled to rely on such information for completeness and accuracy without agrees to compensate ECS for such efforts. further investigation,analysis,or evaluation. 10.2 When Hazardous Materials are known, assumed, or suspected to exist, or 4.2 "Hazardous Materials"shall include but not he limited to any substance that poses discovered at the Site,ECS and/or ECS'subcontractors will exercise the Standard or may pose a present or potential hazard to human health or the environment of Care in containerizing and labeling such Hazardous Materials in accordance with what her contairned in a product,material,by-product,waste,or sample,and whether applicable laws and regulations,and will leave the containers an Site. CLIENT is it exists in a solid,liquid,semi-solid or gaseous farm.CLIENT shall notify ECS cf responsible for the retrieval,removal,transport and disposal of such contaminated any known, assumed, or suspected regulated, contaminated, or other similar samples,and sampling process byproducts in accordance with applicable law and Hazardous Materials that may exist at the Site prior to ECS mobilizing to the Site. regulation. 4.3 If any Hazardous Materials are discovered,or are reasonably suspected by ECS 10.3 Unless explicitly stated in the Scope of Services.ECS will neither subcontract for after its Services begin,ECS shall be entitled to amend the scope of Services and nor arrange for the Iransport,disposal,or treatment of Hazardous Materials. At adjust its fees or fee schedule to reflect any additional work or personal protective CLIENT'S written request, ECS may assist CLIENT In Identifying appropriate equipment andlor safety precautions required by the existence of such Hazardous alternatives for transport,off-slle treatment,storage,or disposal of such substances. Materials. but CLIENT shall be solely responsible for the final selection of methods and firms 5.0 INFORMATION PROVIDED BY OTHERS - CLIENT waives, releases and to provide such services. CLIENT shall sign all manifests for the disposal of discharges ECS from and against any claim for damage,injury or lass allegedly arising out substances affected p contaminants and shall oche wise exercise prudence in of or in eonneclion with errors, omissions, or inaccuracies In documents and other arranging for lawful dissposal. information in any form provided to ECS by CLIENT of CLIENT's Contractors,including 10.4 In those Instances where ECS is expressly relalned by CLIENT to assist CLIENT in such information that becomes incorporated into ECS documents. the disposal of Hazardous Materials,samples,or wastes as part of the Proposal, ECS shall do so only as CLIENT'S agent(notwithstanding any other provision of 6.0 CONCEALED RISKS •CLIENT acknowledges that special Make are inherent in this Agreement to the contrary). ECS will not assume the role of,nor be considered sampling,testing and/or evaluating concealed conditions that are hidden from view andlor a generator,scorer,transporter,or disposer of Hazardous Materials. neither readably apparent nor easily accessible, e.g., subsurface conditions, conditions 10,5 Subsurface sampling may result In unavoidable cross-contamination of certain behind a wall,beneath a floor,or above a calling.Such circumstances require that certain subsurface areas,as when a probe or excavat€"oring device moves through a assumptions be made regarding existing conditions,which may not be verifiable without contaminated zone and links It to an aquifer, underground stream,pervious soil expending additional sums of money or destroying otherwise adequate or serviceable stratum, or other hydrous body not previously contaminated, or connects an portions of a building or component thereof.Accordingly,ECS shall not be responsible for uncontaminated zone with a contaminated zone. Because sampling Is an essential the verification of such conditions unless verification can be made by simple visual element of the Services indicated herein, CLIENT agrees this risk cannot he observation.CLIENT agrees to bear any and all costs, losses,damages and expenses elirrdnated. Provided such services were performed In accordance with the (including,but not limited to,the cost of ECS'addilonal services)In any way arising from or Standard of Care,CLIENT waives,releases and discharges ECS from and against in connection with the existence or discovery of such concealed or unknown conditions. any claim for damage,injury,or loss allegedly arising from or related to such cross- 7.0 RIG HT OF ENTRYIDAMAGE RESULTING FROM SERVICES contamination, 7.1 CLIENT warrants that ll possesses the authority to grant ECS right of entry to the 1GM CLIENT understands that a Phase I Environmental Site Assessment (ESA) is site for the performance of Services. CLIENT hereby grants ECS and its agents, of the siteted solely to permit ECS to render a ntalprof Conditional ion on,in,beneath, the Ilkor near subcontractors andlor subconsultants ("Subconsullants'), the right to enter From of the site having a Recognized Environmental Condition on,in,beneath,or near time to time onto the property in order for ECS to perform Its Services. CLIENT me Site at the time the Services are conducted.conduct matter haw thorough a Phase I agrees to indemnify and hold ECS and its Subconsultants harmless from any claims ESA study may state findings derived from itstheSite are highly t d or and ECS arising from allegations that ECS trespassed crlacked authority to access the Site. cannot know or state for an absolute fact that the Site is unaffected or adversely ECS Proposal No:06:21628 Page 1 of 3 ver.OV14113 DocuSign Envelope ID: 1 C70F9FE-526C-4CE4-94BA-7079005l l B9B affected by one or more Recognized Environmental Conditions. CLIENT represents of professional fees stated shall not be considered as a not-to-exceed or lump sum and warrants Ihat it understands the Iimiladons associated with Phase I ESAs. amount unless otherwise explicitly stated. CLIENT understands and agrees that even if ECS agrees to a lump sum or not-to-exceed amount,that amount shall be 111.0 OWNERSHIP OF DOCUMENTS limited to number of hours,visits, trips, tests,borings, or samples stated in the 11 A ECS shall be deemed the author and owner(or licensee)of all documents,technical Proposal. reports, letters, photos, boring logs,field data, field notes, laboratory test data, 15.2 CLIENT agrees That all professional fees and other unit rates may be adjusted calculations, designs, plans, specifications, reports, or similar documents and annually to account for Inflation based on the most recent 12-month average of the estimates of any kind furnished by it ghe"Documents of Servicel and shall retain all Consumer Price Index(CPI-U)for all items as established by www.bls.gov when the common law,statutory and other reserved rights. Including copyrights. CLIENT CPI-U exceeds an annual rate of 2A%, shall have a limited, non-exclusive license to use copies of the Documents of 15.3 Should ECS identify a Changed Condition(s), ECS shall notify the CLIENT of the Service provided to It in connection with its Project for which the Documents of Changed Condition(s). ECS and CLIENT shall promptly and in good faith negotiate Service are provided until the completion of the Project. an amendment to the scope of Services,profession at fees,and time schedule. 11.2 ECS' Services are performed and Documents of Service are provided for the 15.4 CLIENT recognizes that time is of the essence with respect to payment of ECS' CLIENTS sole use. CLIENT understands and agrees that any use of the Invoices,and that timely payment is a material consideration for this Agreemenl. All Documents of Service by anyone other than the CLIENT and its Contractors Is not payment shall be in U.S.funds drawn upon U.S.banks and in accordance with the permitted. CLIENT further agrees to indemnify and hold ECS harmless for any rates and charges set forth in the professional Fees. Invoices are due and payable errors,omissions or damage resulting from Its conlraclors'use of ECS'Documents upon receipt. of Service. 11.3 Without ECS'prior written consent.CLIENT agrees to not use ECS'documents of 15.5 If CLIENT disputes all or part of an invoice,CLIENT shall provide ECS with written Service far the Project€f the Project is subsequently modified Tn scope,structure or notice Staling in detalI the fads of The dispute within fifteen(7 5)calendar days of the purpose. Any reuse without ECS'written consent shall be at CLIENT'S sole risk invoice date. CLIENT agrees to pay She undisputed amount of such invoice and without liability to ECS or its Subconsultants. CLIENT agrees to Indemnify and promptly' hold ECS harmless for any errors,omissions or Damage resulting from its use of 15A ECS reserves the right to charge CLIENT an additional charge of one-and-one-half ECS'Documents of Service after any modification In scope,structure or purpose. (1.5)percent(or the maximum percentage allowed by Law,whichever is lower)of 11.4 CLIENT agrees to not make any modification to the Documents of Service without the invoiced amount per month for any payment received by ECS more than thirty (30) calendar days from the date of the invoice, excepting any portion of the the prior written authorization or ECS. To the fullest extent permitted by law, invoiced amount In dispute, All payments will be applied to accrued interest first CLIENT agrees to indemnify,defend,and hold ECS harmless from any damage, and than to the unpaid principal amount. Payment of invoices shall not be subject loss,claim,liability or cost(ncluding reasonable attorneys'fees and defense costs) to unilateral discounting or set-offs by CLIENT. arising out of or In connection with any unauthorized modification of the Documents of Service by CLIENT or any person or entity that acquires or obtains the 153 CLIENT agrees that its obligation to pay for the Services is not contingent upon Documents of Service from or through CLIENT. CLIENT represents and warrants CLIENT'S ability to obtain financing,zoning,approval of governmental or regulatory that the Documents of Service shall be used only as submitted by ECS. agencies,permits,final adjudication of a lawsuit.CLIENT'S successful completion of the PrajeCl, settlement of a real estate transaction, receipt of payment from 12.0 SAFETY CLIENT's client, or any other event unrelated to ECS provision of Services. 12.1 Unless expressly agreed to in writing in its Proposal.CLIENT agrees that ECS shall Relalnage shall not be withheld from any payment,nor shall any deduction be made have no responsibility whatsoever for any aspect of site safety other than for its own from any Invoice on account of penalty,liquidated damages,or other sums incurred employees. Nothing herein shall be construed to relieve CLIENT andlor its by CLIENT. It is agreed that all costs and legal fees including actual attorneys fees. Contractors from their responsibility for site safety. CLIENT also represents and and expenses incurred by ECS In obtaining payment under this Agreement, in warrants that the General Contractor is solely responsible for Project site safety and perfecting or obtaining a lien, recovery under a bond, collecting any delinquent that ECS personnel may rely on the safety measures provided by the General amounts due,or executing judgments,shall he reimbursed by CLIENT. Contractor. 15.8 Unless CLIENT has provided notice to ECS In accordance with Section 16.0 of 12.2 In the event ECS assumes in writing limited responsibility for specified safety these Terms,payment of any Invoice by the CLIENT shall mean that the CLIENT is Issues,the acceptance of such responsibilities does not and shall not be deemed an satisfied with ECS'Services and is not aware of any defects in those Services. acceptance of responsibility for any other non-specified safety issues,including,but 16.0 DEFECTS IN SERMCE not limited to those relating to excavating,fall protection,shoring,drilling,backfilling, t6 1 CLIENT and CLIENTS Contractors shall promptly Inform ECS during active work on blasting,or older construction activities. p p y g any project of any actual or suspected defects In the Services so to permit ECS to 13.0 CONSTRUCTION TESTING AND REMEDIATION SERVICES take such prompt,effective remedial measures that in ECS'opinion will reduce or 13.1 CLIENT understands that construction testing and observation services are eliminate The consequences of any such defective Services. The correclion of provided In an effort to reduce,but cannot eliminate,the risk of problems arising defects attributable to ECS'failure to perform In accordance with the Standard of during or after construction or remedialion. CLIENT agrees that the provision of Care shall be provided at no cost to CLIENT. However, ECS shall not he such Services does not create a warranty or guarantee of any type. responsible for the correction of any deficiency attributable to client-furnished 13.2 Mon itaring andlor testing services provided by ECS shall not in any way relieve the Information,the errors,omissions,defective materials, or improper Installation of CLIENTS contractor costs from their responsibilities and obligations for the quality or materials by CLIENT'S personnel,Consultants contractors,or work not observed completeness of construction as well as their obligation to comply with applicable by ECS.CLIENT shall compensate ECS For the costs of correcting such defects. laws,codes,and regulations. 16.2 Modifications to reports,documents and plans required as a result of jurisdictional 133 ECS has no responsibility whatsoever for the means, methods, techniques, reviews or CLIENT requests shall not be considered to be defects. CLIENT shalt compensate ECS for the provision of such Services. sequencing or procedures of construcllon selected, for safety precautions and programs Incidental to work or services provided by any contractor or other 17.0 INSURANCE_ECS represents that it and[Ls subcontractors and subconsullants Consultant.ECS does not and shall not have or accept authority to supervise,direct, maintain workers compensation Insurance,and that ECS Is Covered by general liability, control, or stop the work of any of CLIENT'S Contractors or any of their automobile and professional liability insurance policies in coverage amounts It deems subcontractors. reasonable and adequate. ECS shall furnish Certificates of Insurance upon request. The 13A ECS strongly recommends that CLIENT retain ECS to provide Construction CLIENT Is responsible for requesting specific Inclusions orlimits of coverage Thal are not monitoring and testing services on a full time basis to lower the risk of defective or present in ECS insurance package. The cost of such inclusions or coverage increases,if incomplete work being installed by CLIENT'S Contractors. If CLIENT elects to avaitabla.will be at the expense of the CLIENT. retain ECS on a part-time or on-call basis for any aspect of construction monitoring andlor testing, CLIENT accepts the risk that a lower level of construction quality 18.0 LIMITATIQN OF LIABILITY may occur and that defective or incomplete work may result and not be detected by 18.1 CLI E NT AGREES TO Al.LOCAT E C E RTAI N RISKS ASSOCIATED WITH THE PROJECT BY LIMITING ECS' part lime monitoring and testing in exchange for CLIENT'S receipt of an ECS'TOTAL UA131LITY TO CLIENT ARISING FROM ECS' PROFESSIONAL LIABILITY, I.E. immediate COST savings. Unless the CLIENT Can Show that ECS' errors or PROFESSIONAL ACTS,ERRORS,OR OMISSIONS AND FOR ANY AND ALL CAUSES INCLUDING omissions are contained in ECS'reports,CLIENT waives,releases and discharges NEOLIGENCE, STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH of WARRANTY, ECS from and against any other claims for errors,omissions,damages,Injuries,or INJURIES, DAMAGES, CLAIMS, LOSSES, EXPENSES, OR CLAIM EXPENSES (INCLUDING loss alleged to art se from defective or Incomplete work that was monitored or tested REASONABLE ATTORNEY'S FEES)RELATING TO PROFESSIONAL SERVICES PROVIDED UNDER by ECS on a part-time or on-call basis. Except as set forth in the preceding THIS AGREEMENT TO THE FULLEST EXTENT PERMITTED BY LAW. THE ALLOCAnON IS AS sentence,CLIENT agrees to indemnify and hold ECS harmless from all Damages, FOLLOWS. costs,and alorneys'fees,for any claims alleging errors,omissions,damage,injury 18.1A If the proposed fees are $10.000 or less. ECS' total aggregate liability to or loss allegedly resulting from work that was monitored or tested by ECS on a part- CLIENT shall not exceed$20.000,or the total fee received for the services time or on-call basis. rendered,whichever is greater. 14.0 CERTIFICATIONS-CLIENT may request,or governing jurisdictions may require, 18.1.2 If the proposed fees are in excess of$10,000,ECS'total aggregate liability to ECS to provide a"certlfiration"regarding the Services provided by ECS. Any"certifcatiorV CLIENT shall not exceed$50,000,or the total fee for the services rendered. required of ECS by the CLIENT or jurisdiction(s)having authority over some or all aspects whichever Is greater. of the Project shall consist of ECS' inferences and professional opinions based on the 18.2 CLIENT agrees that ECS shall not be responsible for any injury,loss or damage of limited sampling, observations, tests, andlor analyses performed by ECS at discrete any nature,including bodily injury and property damage,arising directly or indirectly, locations and times. Such'certifications"shall constitute ECS'professional opinion of a In whole or In part,from ads or omissions by the CLIENT,its employees,agents, condition's existence,but ECS does not guarantee that such condition exists,nor does it staff,consultants,contractors,or subcontractors to the extent such Injury,damage, relieve other parties of the responsibilities or obligations such parties have with respect to or Toss is caused by acts or omissions of CLIENT.Its employees, agents,staff, the possible existence of such a Condition. CLIENT agrees It cannot make the resolution of consultants, contractors, subcontractors or personlenlities for whom CLIENT Is any dispute with ECS or payment of any amount due to ECS contingent upon ECS signing legally fable. any such"Certification." 18.3 CLIENT agrees that ECS'liability for all non-professlonal liability arising out of this 16.0 BILLINGS AND PAYMENTS Agreement or the services provided as a result of the Proposal be limited to $600,000. 15.1 Billings will be based on the unit rates,plus travel costs,and other reimbursable expenses as staled In the professional fees section of the Proposal. Any estimate ECS Proposal No:06:21628 Page 2 of 3 Ver,=14113 DocuSign Envelope ID: 1 C70F9FE-526C-4CE4-94BA-7079005l l B9B 19.0 INDEMNIFICATION 23.2 CLIENT shall make no claim(whether directly or in the form of a third-party claim) 19.1 Subject to Secllon 18.0,ECS agrees to hold harmless and indemnify CLIENT from agalnst ECS unless CLIENT shall have first provided ECS with a written eertificallon and against damages arlsing from ECS'negligent performance of its Services,but executed by an independent engineer licensed in the jurisdiction In which the only to the extent that such damages are found to be caused by ECS'negligent Project is located,reasonably specifying each and every act or omission which the acts,errors or omissions,(specifically excluding any damages caused by arty third certifier contends constitutes a violation of the Standard of Care.Such certificate party or by the CLIENT.) shall be a precondition to the institution of any]ud[clal proceeding and shall be 19.2 To the fullest extent permitted by law,CLIENT agrees to indemnify,and hold ECS provided to ECS thirty(30)days prior to the instllution of such ludic€a€proceedings. harmless from and against any and all liability,claims,damages,demands,fines, 23.3 Litigation shall be instituted in a court of competent jurisdiction in the county or penalties,costs and expenditures(including reasonable attorneys'fees and costs Of district In which ECS'office contracting with The CLIENT is located. The parties litigation defense and/or settlement)("Damages")caused in whole or in part by the agree that the law applicable to these Terms and the Services provided pursuant to acts,errors,or omissions of the CLIENT or CLIENT's employees,agents, staff, the Proposal shall be the laws of the Commonwealth of Virginia,but excluding its contractors,subcontractors,consultants,and clients,provided such Damages are choice of law rules. Unless otherwise mutually agreed to In writing by both parties, alldbulable to:(a)the bodily Injury,personal Injury,sickness,disease and/or death CLIENT waives the right to remove any litigation action to any other jurisdiction. of any person;(b)the injury to or loss of value to tangible personal properly;or(c)a Both parties agree to waive any demand for a trial by jury. breach of these Terms. The foregoing Indemnlficaflon shall not apply to the extent 24.0 CURING A BREACH such Damage Is found to be caused by the sole negligence,errors,omissions or willful misconduct of ECS. 24.1 A party that believes[tie other has materially breached these Terms shall issue a 19.3 It is specifically understood and agreed that in no case shall ECS be required to pay written cure notice Identifying its alleged grounds for termination,Bath parties shalt an amount of Damages disproportional to ECS' culpablllty. IF CLIENT IS A promptly and in good faith attempt to identify a cure for the alleged breach or HOMEOWNER, HOMEOWNERS' ASSOCIATION, CONDOMINIUM OWNER, present tads showing the absence of such breach. If cure can be agreed to or CONDOMINIUM OWNER'S ASSOCIATION,OR SIMILAR RESfD EN TI AL OWN E R, she mallet otherwise resolved within thirty(30)calendar days from the date of the ECS RECOMMENDS THAT CLIENT RETAIN LEGAL COUNSEL BEFORE termination notice, the parties shall commit their understandings to writing and ENTERING INTO THIS AGREEMENT TO EXPLAIN CLIENTS RIGHTS AND termination shall not occur. OBLIGATIONS HEREUNDER,AND THE LIMITATIONS, AND RESTRICTIONS 24.2 Either patty may waive any right provided by these Terms in curing an actual or IMPOSED BY THIS AGREEMENT. CLIENT AGREES THAT FAILURE OF CLIENT alleged breach; however, such waiver shall not affect future application of such TO RETAIN SUCH COUNSEL SHALL BE A KNOWING WAIVER OF LEGAL provision or any other prov]sion. COUNSEL.AND SHALL NOT BE ALLOWED ON GROUNDS OF AVOIDING ANY 25 0 TERMINATION PROVISION OF THIS AG REEMENT. 19.4 IF CLIENT IS A RESIDENTIAL BUILDER OR RESIDENTIAL. DEVELOPER, 25.1 CLIENT or ECS may terminate this Agreement for breach,non-payment,or a failure CLIENT SHALL INDEMNIFY AND HOLD HARMLESS ECS AGAINST ANY AND to cooperate. In the event of termination,the eKecting party shall so notify the other ALL CLAIMS OR DEMANDS DUE TO INJURY OR LOSS INITIATED BY ONE OR party in writing and termination shall become effective fourteen(14)calendar days MORE HOMEOWNERS, UNIT-OWNERS, OR THEIR HOMEOWNER'S after race!oft of the termination notice. ASSOCIATION, COOPERATIVE BOARD, OR SIMILAR GOVERNING ENTITY 25.2 Irrespective of whlch party shall effect termination,or the cause therefore,ECS shall AGAINST CLIENT WHICH RESULTS IN ECS BEING BROUGHT INTO THE promptly render to CLIENT a final invoice and CLIENT shall immediately DISPUTE. compensate ECS for Services rendered and costs Incurred Including those Services 19.5 IN NO EVENT SHALL THE DUTY TO INDEMNIFYAND HOLD ANOTHER PARTY associated with termination itself. Including without ITmllation, demobilizing, HARMLESS UNDER THIS SECTION 19.0 INCLU DE TH E DUTY TO DEFEND. modifying schedules,and reassigning personnel. 20.0 CONSEQUENTIAL DAMAGES 26.0 TIME BAR TO LEGAL AC 1IQN-Unless prohibited by law,and notwithstanding any Statute that may provide additional protection.CLIENT and ECS agree that a lawsuit by 20A CLIENT shall not be liable to ECS and ECS shall riot be liable to CLIENT for any either party alleging a breach of this Agreement,violation of the Standard of Care,non- consequential damages incurred by either due to the fault of the other or their payment of invoices,or arising out of the Services provided hereunder,must be initiated in employees, consultants,agents,contractors or subcontractors, regardless of the a court of competent jurisdiction no more than two(2)years from the time the party knew,or nature of the fault or whether such liability arises in breach of contract or warranty, should have known,of the facts and conditions giving rise to Its claim,and shall under no tort,statute,or any other cause of action. Consequential damages include,but are circumstances shall such lawsuit be Initialed more than three(3)years from the date of not limited to,loss of use and toss of profit. substantial completion of ECS'Services. 20.2 ECS shall not be liable to CLIENT,or any entity engaged directly or indirectly by CLIENT,for any liquidated damages due to any fault,or failure to act,in part or in 27.0 ASSIGNMENT-CLIENT and ECS respectively bind themselves,Itch total by ECS,its employees,agents,or subcontractors. successors,assigns,heirs,and legal representatives to the other party and the successors, assigns,heirs and legal representatives of such other party with respect to all covenants of 21.0 SOURCES OF RECOVERY these Terms. Neither CLIENT nor ECS shall assign these Terms,any rights thereunder,or 21 A All dalms for damages related to the Services provided under this Agreement shall any cause of action arlsing therefrom,in whole or in part,without the written consent of the he made against the ECS entity contracting with the CLIENT for the Services,and other. Any purported assignment or transfer,except as permitted above,shall be deemed no other person or entity. CLIENT agrees that It shall not name any affiliated entity null,veld and Tnvalld,the purported assignee shall acquire no rights as a result of the including parent, peer, or subsidiary entity or any Individual officer,director, or purported assignment or transfer and the non-ass[golno party shall not recognize any such employee of ECS. purported assignment or transfer. 21.2 In the event of any dispute or claim between CLIENT and ECS arising out of in 29.0 SEVERABILITY-Any provision of these Terms later held to violate any law,statute, connection with the Project andlor the Services,CLIENT and ECS agree that(hey or regulation,shall be deemed void,and al remaining provisions shall Continue In full force will look solely to each other for the satisfaction of any such dispute or claimi and effecl. CLIENT and ECS shall erndeavorto quickly replace a volded provision with a Moreover,notwithstanding anything to the contrary contained in any other provision valid subslilute that expresses the intent of the issues covered by the original provision. herein, CLIENT and ECS' agree that their respective shareholders, principals, partners,members,agents,directors,officers,employees,and/or owners shall have 29.0 SURVIVAL-All obligations arising prior to the termination of the agreement no liability whatsoever arising out of or in connection with the Project and/or represenled by these Terms and all provisions allocating responsibility or liability between Services provided hereunder. In the event CLIENT brings a Balm against an the CLIENT and ECS shall survive the substantial completion of Services and the affiliated entity, parent entity, subsidiary entity, or individual officer, director or termination of the Agreement. employee in contravention of this Section 21.CLIENT agrees to hold ECS harmless from and against all damages,costs,awards,or fees(including attorneys'fees) 30.0 TITLES:ENTIRE AGREEMENT attributable to such act. 30.1 The titles used herein are for general reference only and are not part Of the Terms. 22.0 THIRD PARTY_CLAIMEXCLUSION-CLIENT and ECS agree that the Services 302 These Terms together with the Proposal,Including all exhibits, appendixes, and are performed solely for the benefit of the CLIENT and are not Intended by ellher CLIENT or other documents appended to it,constitute the entire agreement between CLIENT ECS to benefit any other person or entity. To the extent that any other person or entity is and ECS("Agreemenr). CLIENT acknowledges that all prior understandings and benefited by the Services,such benefit is purely Incidental and such other person or entity negotiations are superseded by this Agreement. shall not be deemed a third party beneficiary to the Agreement. No third-parry shall have 30.3 CLIENT and ECS agree that subsequent modifications to the Agreement shall not the right to rely on ECS'opinions rendered In connection with ECS'Services without written he binding unless made In writing and signed by authorized representatives of both consent from both CLIENT and ECS,whltlh shall Include,at a minimum,the third-patty's parties. agreement to be bound to the same Terms and Conditions contained herein and third- 30.4 All preprinted terms and conditions on CLIENT'S purchase order, Work parry's agreement that ECS'Scope of Services performed Is adequate. Authorization, or other Service acknowledgement forms, are inapplicable and 23.0 DISPUTE RFSOLLFTIQN superseded by these Terms and Conditions of Service. CLIENT'S execution of a Work Auftri2allon, the submission of a start work 30 23.1 In the event any claims,disputes,and other mailers in question arising out of or .5 relating to these Tents or breach Ihereof(collectively referred to as"Disputes),the authorization[that or written)or issuance of a purchase Order constitutes CLIENT'S parties shall promptly attempt to resolve all such Disputes through executive acceptance L this Proposal and these Terms and their agreement s be fully hound negotiation between senior representatives of bath parties familiar with tha Project. at ahem.If CLIENT falls to provide ECS with a signed Dopy of these Terms or the The parties shall arrange a mutually convenient time for the senior representative of seethed Work Authorization.be Il CLIENT agrees that by as if they and accepting She each party to meet.Such meeting shall occur within fifteen calendar(15)days Of services of ECS,[t will be fully bound by these Teens as if they had been signed by either patty's written request for executive negotiation or as otherwise mutually CLIENT. agreed. Should this meeting fall to result in a mutually agreeable plan for resolution of the Dispute,CLIENT and ECS agree that either party may bring litigation. ECS Proposal No:06:21628 Page 3 of 3 Ver.MM4113 DocuSign Envelope ID: 1 C70F9FE-526C-4CE4-94BA-7079005l l B9B ECSSOUT-01 MLEE AcvRU CERTIFICATE OF LIABILITY INSURANCE P�91 IMM�1019 2�rzo1 s THIS CERTIFICATE 1S ISSUED A$ 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 INSURERS),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the pollcy(ies)must have ADDITIONAL INSURED provisions or be endorsed. It 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 endorsemen s. PRODUCER ❑ CT Meg S.Lee,CIC The Andersen Insurance Group PHONE PAx 14026 Thunderbolt Place Suite 200 JAFC,No,Extl:(703)98M900102 (AX.No: Chantilly,VA 20161 $" ,meg@theandersengrp.eom INSURE S AFFORDING COVERAGE NAIL# INSURER A:Cincinnati Insurance Company 10677 INSURED INSURER R,Federal Insurance Company 20281 ECS Southeast,LLP INSURER C,Hartford Underwriters Insurance Company 30104 14026 Thunderbolt Place,Suite 500 INSURER D: Chantilly,VA 20151 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 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. INSR TYPE OF INSURANCE ADDL SU19R POLICY NUMBER POLICY EFF POLICY EXPLTR LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 1,000,000 CLAIMS-MADE X OCCUR X X EN P0219991 1211/2018 12/1/2019 DAMAGE TO REoNTE° S 500,000 X Contractual Liab MED EXP(Arry oneperson) S 10,000 x x C U PERSONAL&ADV INJURY S 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S 2,000,000 POLICY lil j LOC PRODUCTS-COMP/OP AGG S 2,000,000 OTHER' A AUTOMOBILE LIABILITY CpMBINf fl SINGLE LIMIT 11000. 7I ANY AUTO X X CPA1097785 1211/2018 12J112019 BODILY INJURY Per rson $ OWNED SCHEDULED A�U��T��OS ONLY AUTOS y Ep BODILY INJURY Peracddent S AlI[OS ONLY x A[]TIOS ONLY PROa,Rr, MAGE S B X UMBRELLA UAR x OCCUR EACH OCCURRENCE 4 6,000,000 EXCESS LIAB CLAIMS-MADE x x 79891344 1211/2018 12f112019 AGGREGATE 60000,000 DE❑ I )I I RETENTIONS C WORKERS COMPENSATION x PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER ANY PROPRIETORlPARTNERIEXECi1TIVE Y/N X 42WNS49520 12/112018 12/112019 1,000,000 pFFICERINIEMBFaR EXCLUDED? NIA E.L.EACH ACGDENT [[�Mand�tory in tJ E.L.DISEASE-EA EMPLOYEE 1,000,000 f l yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE»POLICY UMI7 A Excess Liability X x EXS0220000 1211/2018 1211/2019 Aggregate Limit 10,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS;VEHICLES IACORD 401 Additional Remarks Schedule,may be attached if more space is required) Re:River Park Phase II Improvements,228 Church St.,Hillsborough(Orange Cnty),NC Certificate Holder is included as an Additional Insured on a I I policies except Worker's Compensation.A waiver of subrogation is granted in favor of the Certificate Holder where required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Orange County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN g y ACCORDANCE WITH THE POLICY PROVISIONS. Department of Environment, Agriculture,Parks and Recreation P.O.Box 8181 AUTHORIZED REPRESENTATIVE Hillsborough,NC 27278 [ f ACORD 26(2016103) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: 1 C70F9FE-526C-4CE4-94BA-7079005l l B9B ECSSOUT-02 DLONG ACaRO CERTIFICATE OF LIABILITY INSURANCE DATE{MMrDDIYYYYI `� 1 912W2019 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(ios)must have ADDITIONAL INSURED provisions or he endorsed. if SUBROGATION IS WAIVED, subject to the terns 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 endorsements. PRODUCER CT Ames&Goug h PHONE FAX 8300 Greensboro Drive Arc,Nn,Ext:(703)827-2277 Arc,Nn:(703 827-2279 Suite 980 UE'fiss.admiil@Amesggugh.com McLean,VA 22102 INSURE S AFFORD]NO COVERAGE NAECN INSURER A.Continental Casualty Company CNIA)A ]N 20443 INSURED INSURER B- ECS Southeast,LLP INSURERC., 1812-D Center Park Drive INSURER D, Charlotte,NC 28217 INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 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 CONTRACTOR 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, INSR TYPE OF INSURANCE AML SUER POLICY NUMBER POLICY EFF POLICY EXPLTIR LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE ❑OCCUR OAMAGFTORENTEO M ❑EXP[Any one n PERSONAL 8 I NJ URY GEN'L AGGREGATE LIM]TAPPUES PER: GENERAL AGGREGATE POLICY spra LOC PRODUCTS-COMPIOP AGG OTHER: AUTOMOBILE LIABILITY COfE'jMBINED SINGLE LIMIT ANY AUTO BODILY INJURY Per persocil OWNED SCHEDULED AURT�O�S ONLY AUTOaaS�ryED BODILY INJURY Per cciden AUTOS ONLY AUO705 ONLY08E nt AMAGE UMBRELLA LIAB OCCUR EACH OCCURRENCE S EXCESS LIAR CLAIMS-MADE AGGREGATE t DED I I RETENTIONS $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y 1 N ANY FICEOIM IIETO�R�IPARTNERtE ECUTIVE ❑ NIA E.L.EACH ACCIDENT S andatoryinHH] E.L.DISEASE-EA EMPLOYEE 5 ff yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT A Professional Liab. AEH288257904 6/1512019 6/15/2020 Per Claim/Aggregate 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD i eT,Additional Remarks Schedule,may be attached if more space is required) ECS Jab Description:River Park Phase 11 Improvements,228 Church St.,Hillsborough(0range Cnty),NC Profess€onai L€a bill ity policy includes waiver of subrogation in favor of EC Southeast,LLP's client only when required by written contract and in accordance with policy terms and conditions. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Orange County Department of Environment, THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 9 y p ACCORDANCE WITH THE POLICY PROVISIONS. Agriculture,Parks and Recreation Attn:Marabeth Carr,ASLA-Landscape Architect 306A Revere Rd.,PO Box 8181 AITH0RIZED REPRESENTATIVE Hillsborough, NC 27278 �p4v� ACORD 25(2016103) @ 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD