Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
2021-179-E DEAPR-ECS Southeast-Soils Testing
DocuSign Envelope ID: DEE004B4-A2DB-42BB-8896-BA1873942328 [Departmental Use Only] TITLE Twin Cks Soil Testing FY 2020-2021 ORANGE COUNTY CONTRACT UNDER $5,000.00 NORTH CAROLINA THIS AGREEMENT, is between Orange County, North Carolina, a body politic organized under the laws of the State of North Carolina, (the "County"), and ECS Southeast,LLP(the "Provider"). 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 services set out below to the County in accordance with the terms of this Agreement, time being of the essence. The services or materials or construction (hereinafter referred to collectively as "Services") to be furnished under this Agreement are as follows: Sevices include: Observation of the excavation of the soil suitability needed for the drainage culverts replacement project and includes testing of the backfill around and above the drainage culverts. The term of this agreement rendered shall be from April 5, 2021 to June 1, 2021. 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 (as determined by the County) performed in accord with this Agreement. The amount to be paid by the County shall not exceed four thousand five hundred dollars, ($4,500). 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. 4. 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 Revised 07/20 1 DocuSign Envelope ID: DEE004B4-A2DB-42BB-8896-BA1873942328 Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at http://www.orangecountync.gov/departments/purchasing division/contracts.php). If County's Risk Manager determines additional insurance coverage is required such additional insurance shall be designated here N/A (if no additional insurance required mark N/A 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: To the extent authorized by North Carolina law 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. It is the intent of this provision to require the Provider to indemnify the County to the fullest extent permitted under North Carolina law. 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 I A and Article 40 of North Carolina General Statute Chapter 66. 8. Governing Law and Priority Both parties agree this Agreement is governed by the laws of the State of North Carolina and Orange County. Provider shall at all times 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.oran eg countync. og v/departments/purchasing division/contracts.php.). 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. 147-86.81. 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 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, Revised 07/20 2 DocuSign Envelope ID: DEE004B4-A2DB-42BB-8896-BA1873942328 North Carolina. Regardless of the outcome of said litigation each party is responsible for its own costs and fees,including attorneys' fees. 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,this Agreement is effective upon its execution by Orange County and the Provider. 01 AXGKJQ0V-NTY PROW ERsigned by: BYvqFj1 Y�j6KJAAG hPAMt,Vlbt 3/23/2021 B • �. ASUA, Department Director Title: vice Press ent 3/22/2021 200 S. Cameron St. Matthew B. Olsen P.E.;Vice President P.O. Box 8181 ECS Southeast,LLP Hillsborough,NC 27278 5260 Greens Dairy Rd,Raleigh,NC 27616 Revised 07/20 3 DocuSign Envelope ID: DEE004B4-A2DB-42BB-8896-BA1873942328 ORANGE COUNTY—DEPARTMENT USE ONLY Party/Vendor Name: ECS Southeast; LLP Party/Vendor Contact Person: Matthew B Olsen Contact Phone: 919-861- 9910 Party/Vendor Address: 5260 Greens Dairy Rd. City Raleigh State: NC Zip: 27616 Department: DEAPR Amount: $4,500.00 Purpose: Soils Testing Budget Code(s): 61370035 880000 20003 Vendor#56914 (N/A if new vendor) Vendor is a BOCC consultant? Yes ❑ No® Contract Type: (Check one) New ® Renewal ❑ Amendment ❑ Effective Date April 5,2021 Approved by Board Yes❑No® Agenda Date: This agreement is approved as to technical form and content and I as Department Director affirmatively state work on this project has not been initiated prilav,t, �k1�E"Vj 3'�of the agreement: �T16UA t 3/22/2021 Department Director's Signature Date: Agreements for emergency services or repair are not subject to the above affirmation. If services related to this agreement have already begun or been completed please briefly describe the nature of the emergency condition that was addressed: Information Technologies (Applicable only to hardware/software purchases or related services)This agreement has been reviewed and is approved as to information technology content and specifications: Office of the Chief Information Officer Date: Risk Management This agreement is approved for sufficien fps n 1Aor standards, specifications,and requirements: AUSa, CbVln,t 6 3/22/2021 Office of the Risk Management Offices Date: Financial Services This instrument has been pre-auditrer .- asiapaaagr required by the Local Government Budget and Fiscal Control Act: ,� S,o,L Office of the Chief Financial Offi Date: 3/22/2021 7D4E5181ACC1409... Legal Services This agreement is approved as to b I°bl�a &"W ,d sufficiency: t,v¢s Office of the County Attorney Date: 3/2 3/2 0 21 Clerk to the Board Received for record retention: All Docusign contracts must be copied to the Clerk upon completion: occlerkdocs@orangecountync.gov The following signature block is for hard copies only and is not required for Docusign contracts: Office of the Clerk to the Board Date: Revised 07/20 4 DocuSign Envelope ID:DEE004B4-A2DB-42BB-8896-BA1873942328 ECS SOUTHEAST, LLP "Setting the Standard for Service" Geotechnical • Construction Materials • Environmental • Facilities 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. Proiect Information Project Name I Twin Creeks Park Culvert Replacement ECS Project Number Project Street Address 7906 Old Hwy 86 ECS Pro osal Number 22468-R CityChapel Hill Count Orange State NC Zi 27515 Client Billing/Invoice Information Firm I Orange County Attn. Marabeth Carr Client ID 06:G163-00 Mailing Address I 306A Revere Road, PO Box 8181 City Hillsborough I State NC Zip 27278 Phone 919-245-2516 Email mcarr@orangecouuntync.gov Cell 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: We understand that the proposed project consists of the replacement of two HDPE drainage culverts under the existing drive at Cate Farmstead and replacing with an 18" RCP and a precast concrete box culvert with headwalls. Our scope of service is anticipated to include observation of the bottom of the excavation for suitability of soils prior to drainage culvert placement and the observation and testing of backfill around and above the drainage culvert. We understand that the road is a gravel paved road and therefore do not anticipate any asphalt testing. We have assumed that each drainage culvert will be installed at a separate time and have assumed ECS will be requested on-site for 3 visits for the RCP culvert and 6 visits for the recast box culvert. ECS has assumed that our services will not be needed on-site for more than 6 hours each visit. ECS has included the cost for running one soils laboratory proctor sample of on-site material as well as two concrete samples for the headwalls. Please note that a soil sample should be obtained at a minimum of 5 days prior to performing any backfill operations. Total Estimated Cost: $4,500.00 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 bV: Signature: Date: Print Name: Title: Signatory warrants his/her authority to bind the entity represented. Work Estimate/Authorization Prepared by: Work Estimate/Authorization Reviewed bv: Peter M. Whitfield, P.E. Project Manager Matthew B. Olsen, P.E., Vice President Date: February 17, 2021 Date: February 17, 2021 Attachments: Fee Schedule and Terms & Conditions of Service 5260 Greens Dairy Road, Raleigh, NC 27616 T: 919-861-9910 • www.ecslimited.com ECS Capitol Services,PLLC • ECS Florida,LLC • ECS Mid-Atlantic,LLC ECS Midwest,LLC • ECS Southeast,LLP • ECS Southwest,LLP NC Engineering No.F-1078•NC Geology No.C-553•SC Engineering No.3239 DocuSign Envelope ID: DEE004B4-A2DB-42BB-8896-BA1873942328 ECS SOUTHEAST, LLP CMT SERVICES FEE SCHEDULE FOR TWIN CREEKS PARK CULVERT REPLACEMENT CHAPEL HILL, NORTH CAROLINA ECS Proposal No. 06:22468 Senior Principal Engineer............................................................................................................$200.00/hour PrincipalEngineer........................................................................................................................$185.00/hour Senior Professional Engineer......................................................................................................$130.00/hour ProjectManager..........................................................................................................................$110.00/hour Assistant Project Manager .........................................................................................................$85.00/hour Field Technician (**) ....................................................................................................................$48.00/hour ICCTechnician (**)......................................................................................................................$65.00/hour NCDOT Field Technician (**)......................................................................................................$65.00/hour Senior Level AWS CWI (NDE: UT, MT, PT, RI) (**)...................................................................$100.00/hour AdministrativeSupport................................................................................................................$50.00/hour Transportation via company or private vehicle...........................................................................$ 0.75/mile 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:OOam to 5:OOpm, holiday, Saturday, or Sunday EQUIPMENT and LABORATORY R-Meter...........................................................................................................................................$50.00/day Coremachine.................................................................................................................................$250.00/day GPREquipment..............................................................................................................................$175.00/day Moisture Emission Test Kit.............................................................................................................$50.00/unit Nuclear Density and Moisture Measuring Equipment...................................................................$50.00/day Thin Lift Nuclear Gauge..................................................................................................................$50.00/day UltrasonicEquipment.....................................................................................................................$100.00/day Dipstick...........................................................................................................................................$150.00/day Asphalt Bulk Specific Gravity.........................................................................................................$75.00 each WindsorProbe Gun........................................................................................................................$125.00/day WindsorProbe Shots......................................................................................................................$75.00/shot Standard Proctor(ASTM D-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...............................................................................................................$45.00 each Testing of Cylinders, Prisms, Cubes and Core Specimens: Compressive Strength of grout prisms (3.5"x3.5"x7").......................................................$ 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)...............................................................$25.00/test Extra Molds -cylinder molds included in compressive strength rate (per case of 30) $ 65.00/case 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: DEE004B4-A2DB-42BB-8896-BA1873942328 Proposal No.: 06:22468 (hereinafter the"Proposal") ECS SOUTHEAST, LLP TERMS AND CONDITIONS OF SERVICE The professional services("Services")to be provided by ECS SOUTHEAST, LLP("ECS") 7.2 CLIENT warrants that it possesses all necessary permits, licenses and/or 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 writing explicitly 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 take 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 of its 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 responsibility 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 Subconsultants responsibility unless specifically included in ECS'Proposal. 7.4 CLIENT agrees that it will not bring any claims for liability or for injury or loss against 2.0 SCOPE OF SERVICES-It is understood that the fees,reimbursable expenses ECS arising from(i)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,(ii)discovery of Hazardous Materials or suspected Hazardous and/or CLIENT'S, agents, contractors and consultants ("Contractors"). CLIENT Materials, or (iii) ECS' findings, conclusions, opinions, recommendations, plans, acknowledges that if this information is not current,is incomplete or inaccurate,if conditions and/or 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. 8.0 UNDERGROUND UTILITIES 3.0 STANDARD OF CARE 8.1 ECS shall exercise the Standard of Care in evaluating client-furnished information as well as information readily and customarily available from public utility locating 3.1 In fulfilling its obligations and responsibilities enumerated in the Proposal, services(the"Underground Utility Information")in its effort to identify underground ECS shall be expected to comply with and its performance evaluated in light utilities.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 3.2 CLIENT understands and agrees that ECS will rely on the facts learned from data damage,injury or loss allegedly arising from or related to subterranean structures gathered during performance of Services as well as those facts provided by the (Pipes,tanks,cables,or other utilities,etc.)which are not called to ECS'attention in CLIENT and/or CLIENT'S contractors and consultants. CLIENT acknowledges that writing of CLIENT, not correctly shown on the Underground Utility Information such data collection is limited to specific areas that are sampled, bored, tested, and/or not properly marked or located by the utility owners,governmental or quasi' observed and/or evaluated. Consequently, CLIENT waives any and all claims governmental locators,t private utility locating services as a result of ECS'or ECS' based upon erroneous facts provided by the CLIENT,facts subsequently learned or Suustry s ltant's request for utility marking services made in accordance with local regarding conditions in areas not specifically sampled,bored,tested,observed or industry standards. 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 materials and/or 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 with the provisions of Section 25.0,below. (60)calendar days after the first issuance of any document containing 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 furnish 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 exist,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 be 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 whether contained in a product,material,by-product,waste,or sample,and whether applicable laws and regulations,and will leave the containers on Site. CLIENT is it exists in a solid, liquid,semi-solid or gaseous form.CLIENT shall notify ECS of 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 transport, 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 and/or safety precautions required by the existence of such Hazardous alternatives for transport,off-site 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 loss allegedly arising out substances affected by contaminants and shall otherwise exercise prudence in of or in connection with errors, omissions, or inaccuracies in documents and other arranging for lawful disposal. information in any form provided to ECS by CLIENT or CLIENT's Contractors, including 10.4 In those instances where ECS is expressly retained 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 risks 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 and/or a generator,storer,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 ceiling.Such circumstances require that certain subsurface areas,as when a probe or excavation/boring 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 be observation. CLIENT agrees to bear any and all costs, losses, damages and expenses eliminated. Provided such services were performed in accordance with the (including,but not limited to,the cost of ECS'additional 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 RIGHT OF ENTRY/DAMAGE RESULTING FROM SERVICES contamination. 7.1 CLIENT warrants that it possesses the authority to grant ECS right of entry to the 10.6 CLIENT understands that a Phase I Environmental Site Assessment (ESA) is conducted solely to permit ECS to render a professional opinion about the likelihood site for the performance of Services. CLIENT hereby grants ECS and its agents, subcontractors and/or subconsultants ("Subconsultants"), the right to enter from of the site having a Recognized Environmental Condition on, in,beneath,or near the Site at the time the Services are conducted. nd matter how thorough a Phase I time to time onto the property in order for ECS to perform its Services. CLIENT ESA study may agrees to indemnify and hold ECS and its Subconsultants harmless from any claims findings derived from its conduct are highly limited and ECS arising from allegations that ECS trespassed or lacked authority to access the Site. cannot know or state for an absolute fact that the Site is unaffected or adversely ECS Proposal No:06:22468 Page 1 of 3 Ver.06/14/13 DocuSign Envelope ID:DEE004B4-A2DB-42BB-8896-BA1873942328 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 that it understands the limitations 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 11.0 OWNERSHIP OF DOCUMENTS limited to number of hours, visits, trips, tests, borings, or samples stated in the 11.1 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[the"Documents of Service']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 2.0%. 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,professional 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' CLIENT'S sole use. CLIENT understands and agrees that any use of the invoices,and that timely payment is a material consideration for this Agreement. 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 contractors'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 for the Project if the Project is subsequently modified in scope,structure or notice stating in detail the facts of the dispute within fifteen(15)calendar days of the purpose. Any reuse without ECS'written consent shall be at CLIENT'S sole risk invoice date. CLIENT agrees to pay the undisputed amount of such invoice promptly. and without liability to ECS or its Subconsultants. CLIENT agrees to indemnify and hold ECS harmless for any errors,omissions or Damage resulting from its use of 15.6 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 the prior written authorization of ECS. To the fullest extent permitted by law, (30) calendar days from the date the invoice, excepting any portion of the CLIENT agrees to indemnify, defend, and hold ECS harmless from any damage, invoiced amount dispute. All payments ents will be applied to accrued interest first loss,claim,liability or cost(including reasonable attorneys'fees and defense costs) and then to the unpaid principal amount. Payment of invoices shall not be subject 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 15.7 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 Project, 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 Retainage 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 and/or its by CLIENT. It is agreed that all costs and legal fees including actual attorney's 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 be 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 SERVICE not limited to those relating to excavating,fall protection,shoring,drilling,backfilling, blasting,or other construction activities. 16.1 CLIENT and CLIENT's Contractors shall promptly inform ECS during active work on 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 correction 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 remediation. CLIENT agrees that the provision of Care shall be provided at no cost to CLIENT. However, ECS shall not be 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 Monitoring and/or testing services provided by ECS shall not in any way relieve the information, the errors, omissions, defective materials, or improper installation of CLIENT'S contractor(s)from their responsibilities and obligations for the quality or materials by CLIENT shall personnel,consultants c contractors, ti 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 13.3 ECS has no responsibility whatsoever for the means, methods, techniques, reviews or CLIENT requests shall not be considered to be defects. CLIENT shall compensate ECS for the provision of such Services. sequencing or procedures of construction 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 its subcontractors and subconsultants 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 13.4 ECS strongly recommends that CLIENT retain ECS to provide construction CLIENT is responsible for requesting specific inclusions or limits of coverage that 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 available,will be at the expense of the CLIENT. retain ECS on a part-time or on-call basis for any aspect of construction monitoring and/or testing, CLIENT accepts the risk that a lower level of construction quality 18.0 LIMITATION OF LIABILITY may occur and that defective or incomplete work may result and not be detected by 18.1 CLIENT AGREES TO ALLOCATE CERTAIN RISKS ASSOCIATED WITH THE PROJECT BY LIMITING ECS' part time monitoring and testing In exchange for CLIENT'S receipt of an ECS' TOTAL LIABILITY 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 NEGLIGENCE, 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 arise 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 ALLOCATION IS AS sentence,CLIENT agrees to indemnify and hold ECS harmless from all Damages, FOLLOWS. costs,and attorneys'fees,for any claims alleging errors,omissions,damage,injury 18.1.1 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"certification"regarding the Services provided by ECS. Any"certification" 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, and/or 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 acts 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 loss 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 person/entities for whom CLIENT is any dispute with ECS or payment of any amount due to ECS contingent upon ECS signing legally liable. any such"certification." 18.3 CLIENT agrees that ECS'liability for all non-professional liability arising out of this 15.0 BILLINGS AND PAYMENTS Agreement or the services provided as a result of the Proposal be limited to $500,000. 15.1 Billings will be based on the unit rates, plus travel costs, and other reimbursable expenses as stated in the professional fees section of the Proposal. Any estimate ECS Proposal No:06:22468 Page 2 of 3 Ver.06/14/13 DocuSign Envelope ID: DEE004B4-A2DB-42BB-8896-BA1873942328 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 Section 18.0,ECS agrees to hold harmless and indemnify CLIENT from against ECS unless CLIENT shall have first provided ECS with a written certification and against damages arising 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 any 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 judicial 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 institution of such judicial 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, attributable 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 property;or(c)a Both parties agree to waive any demand for a trial by jury. breach of these Terms. The foregoing indemnification 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 the 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.Both parties shall an amount of Damages disproportional to ECS' culpability. 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 facts showing the absence of such breach. If a cure can be agreed to or CONDOMINIUM OWNER'S ASSOCIATION,OR SIMILAR RESIDENTIAL OWNER, the matter 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 CLIENT'S RIGHTS AND termination shall not occur. OBLIGATIONS HEREUNDER, AND THE LIMITATIONS, AND RESTRICTIONS 24.2 Either party 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 provision. COUNSEL AND SHALL NOT BE ALLOWED ON GROUNDS OF AVOIDING ANY 25.0 TERMINATION PROVISION OF THIS AGREEMENT. 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 effecting 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 receipt of the termination notice. ASSOCIATION, COOPERATIVE BOARD, OR SIMILAR GOVERNING ENTITY 25.2 Irrespective of which 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 INDEMNIFY AND HOLD ANOTHER PARTY associated with termination itself, including without limitation, demobilizing, HARMLESS UNDER THIS SECTION 19.0INCLUDE THE DUTY TO DEFEND. modifying schedules,and reassigning personnel. 20.0 CONSEQUENTIAL DAMAGES 26.0 TIME BAR TO LEGAL ACTION-Unless prohibited by law,and notwithstanding any shall not be liable to CLIENT for any Statute that may provide additional protection,CLIENT and ECS agree that a lawsuit by 20.1 CLIENT shall not be liable to ECS and ECS consequential damages incurred by either due the fault le the other or their either party alleging a breach of this Agreement,violation of the Standard of Care,non- 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 initiated more than three(3)years from the date of not limited to,loss of use and loss 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,their 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 21.1 All claims for damages related to the Services provided under this Agreement shall any cause of action arising therefrom,in whole or in part,without the written consent of the be 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,void and invalid,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-assigning 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 28.0 SEVERABILITY-Any provision of these Terms later held to violate any law,statute, connection with the Project and/or the Services,CLIENT and ECS agree that they or regulation,shall be deemed void,and all remaining provisions shall continue in full force will look solely to each other for the satisfaction of any such dispute or claim. and effect. CLIENT and ECS shall endeavor to quickly replace a voided provision with a Moreover,notwithstanding anything to the contrary contained in any other provision valid substitute 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 represented by these Terms and all provisions allocating responsibility or liability between Services provided hereunder. In the event CLIENT brings a claim 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 CLAIMS EXCLUSION-CLIENT and ECS agree that the Services 30.2 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 either 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("Agreement"). 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-party 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 be binding unless made in writing and signed by authorized representatives of both consent from both CLIENT and ECS,which shall include,at a minimum,the third-party'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 party's agreement that ECS'Scope of Services performed is adequate. Authorization, or other service acknowledgement forms, are inapplicable and 23.0 DISPUTE RESOLUTION superseded by these Terms and Conditions of Service. 23.1 In the event any claims, disputes, and other matters in question arising out of or 30.5 CLIENT's execution of a Work Authorization, the submission of a start work relating to these Terms breach thereof(collectively referred to as"Disputes"),the authorization(oral or written)or issuance of a purchase order constitutes CLIENT's acceptance of this Proposal and these Terms and their agreement to be fully bound parties shall promptly attempt to resolve all such Disputes through executive them. If CLIENT fails t negotiation between senior representatives of both parties familiar with the Project. t tached Work Authorization,provide ECS with a signed copy of these Terms or the a The parties shall arrange a mutually convenient time for the senior representative of attached CLIENT agrees that by authorizing and accepting the each party to meet.Such meeting shall occur within fifteen calendar(15)days of services of ECS,it will be fully bound by these Terms as if they had been signed by CLIENT. either party's written request for executive negotiation or as otherwise mutually agreed. Should this meeting fail 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:06:22468 Page 3 of 3 Ver.06/14/13 DocuSign Envelope ID: DEE004B4-A2DB-42BB-8896-BA1873942328 ECSSOUT-01 MLEE ACORO CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD YYYY) 3/18/2021 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). PRODUCER CONTACT Meg S. Lee,CIC The Andersen Insurance Group PHONE FAX 14026 Thunderbolt Place Suite 200 (A/C,No,Ext):(703)988-0900 102 (A/C,No): Chantilly,VA 20151 AD AIL meg@theandersengrp.com INSURERS AFFORDING COVERAGE NAIC# INSURER A:Cincinnati Insurance Company 10677 INSURED INSURER B:Federal Insurance Company 20281 ECS Southeast, LLP INSURER C:Bankers Standard Insurance Company 18279 14026 Thunderbolt Place Suite 500 INSURER D:ACE American Insurance Company 22667 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 SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR IN SD WVD MM DD MM DD A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR ENP0219991 12/1/2020 12/1/2021 DAMAGE TO RENTED 500,000 X PREMISES Ea occurrence $ X Contractual Liab MED EXP(Any oneperson) $ 10,000 X X C U PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X JERCOT LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 Ea accident $ X ANY AUTO EBA0559255 12/1/2020 12/1/2021 BODILY INJURY Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ X HIRED X NON-OWNED perr.citlentDAMAGE $ AUTOS ONLY AUTOS ONLY B X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 EXCESS LIAB CLAIMS-MADE 79891344 12/1/2020 12/1/2021 AGGREGATE $ 5,000,000 DIED I X I RETENTION$ C WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY X STATUTE ER YIN 71764167 12/1/2020 12/1/2021 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT A Excess Liability EXS0220000 12/1/2020 12/1/2021 Occ/Aggr 10,000,000 D Pollution Liability CPMG28192289 12/1/2020 12/1/2021 Inc/Aggr 10,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Project: River Park Phase II Improvements,228 Churton Street,Hillsborough,NC 27278 The Certificate Holder is included as an Additional Insured with respect to General Liability coverage where required by written contract.A Waiver of Subrogation is granted under the Worker's Compensation policy where required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Orange Count North Carolina THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN g y ACCORDANCE WITH THE POLICY PROVISIONS. P.O.Box 8181 Hillsborough, NC 27278 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: DEE004B4-A2DB-42BB-8896-BA1873942328 ECSSOUT-02 KGODWIN ,4coR0 CERTIFICATE OF LIABILITY INSURANCE DATE,(MM/DD/YYYY) 3/18/2021 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). PRODUCER CONTACT NAME: Ames&Gough PHONE 8300 Greensboro Drive (A/C,No,Ext): (703)827-2277 (A///C,No):(703)827-2279 Suite 980 ADDRESS:admin@amesgough.com McLean,VA 22102 INSURERS AFFORDING COVERAGE NAIC# INSURER A:Continental Casualty Company CNA)A XV 20443 INSURED INSURER B: ECS Southeast,LLP INSURER C: 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 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 SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD MM DD YYY MM DD YYY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE ❑ OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $ MED EXP(Any oneperson) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICYEl PE� LOC PRODUCTS-COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ ANY AUTO BODILY INJURY Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ HIRED L $ NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Professional Liab. AEH288257904 6/15/2020 6/15/2021 Per Claim/Aggregate 2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) ECS Job Description: River Park Phase II Improvements,228 Church St.,Hillsborough(Orange Cnty),NC Professional Liability policy includes waiver of subrogation in favor of ECS 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 Count 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 AUTHORIZED REPRESENTATIVE Hillsborough,INC 27278 �4v� ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD