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2024-757-E-AMS-ECS Southeast-Concrete and Asphalt Testing
Revised 01/24 1 [Departmental Use Only] TITLE Efland Testing FY 2024-2025 ORANGE COUNTY CONTRACT UNDER $5,000.00 NORTH CAROLINA THIS AGREEMENT, is between Orange County, North Carolina, a political subdivision of the State of North Carolina, (the "County"), and ECS Southeast, LLP (the "Provider"). W I T N E S S E T H: 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: Provide core testing for concrete and asphalt, patch after testing is completed. The term of this agreement rendered shall be from October 15, 2024 to December 31, 2024. 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 Five Thousand Dollars, ($5,000.00). 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 Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is Docusign Envelope ID: 6A9D5D34-5CDF-4B61-99A9-F61CBCEDBF5E Revised 01/24 2 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 NA (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 11A 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 Orange County policy is incorporated herein by reference and may be viewed at http://www.orangecountync.gov/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. Should any documents, exhibits, or addenda be attached to this Agreement, the terms of this Agreement shall have priority in any conflict with or among the terms of such referenced documents, exhibits. 9.Third Party Beneficiaries: There are no third-party beneficiaries of this Agreement and nothing in this Agreement, express or implied, is intended to confer on any person other than the parties hereto (and their respective successors, heirs and permitted assigns), any rights, remedies, or obligations. Docusign Envelope ID: 6A9D5D34-5CDF-4B61-99A9-F61CBCEDBF5E Revised 01/24 3 10.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, North Carolina. Regardless of the outcome of said litigation each party is responsible for its own costs and fees, including attorneys’ fees. 11.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 or 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 or non-appropriation of public funds. IN WITNESS WHEREOF, this Agreement is effective upon its execution by Orange County and the Provider. ORANGE COUNTY PROVIDER By: _________________________ By: _________________________ Department Director Title: ________________________ 200 S. Cameron St. ECS Southeast, LLP P.O. Box 8181 14026 Thunderbolt Place, Ste 500 Hillsborough, NC 27278 Chantily, VA 20151 Docusign Envelope ID: 6A9D5D34-5CDF-4B61-99A9-F61CBCEDBF5E 11/25/2024 Raleigh Branch Manager 12/12/2024 Revised 01/24 4 ORANGE COUNTY—INTERNAL USE ONLY ______________________________________________________________________________ Finance Information Vendor Name: ECS Southeast, LLP Vendor Contact Person: Suman Uprety Phone: 919.861.9910 Address: 14030 Thunderbolt Place, Suite 500 City Chantilly State: VA Zip: 20151 Department: AMS Amount: $5000 Purpose: Concrete and Asphalt Testing Budget Code(s): 61750035-880000-17000 Vendor # 56914 Vendor Status with NCSOS: Current - Active Vendor is a BOCC consultant: Yes No Contract Details Contract Type: New Amendment (Original Contract: ) (Most Recent Amendment ) Effective Date 10/15/2024 End Date 12/31/2024 Notice Date (Notice Purpose ) Award Approved by Board (Agenda Date: ); Made or Administered by AMS Signature Authority - BOCC Express Delegation (Agenda Date: ) - Policy 9.4: Under $5,000; Service Under $90,000; Construction Under $250,000 - Budget Policy Section XV (Capital Improvement Project: 17000) Bidding Informal Bidding ($30k-$90k); Formal RFP ($90k+); Other (<$30k); Exception(# ) Department Affirmation 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 prior to execution of the agreement. This agreement is approved as to technical form and content. Services related to this agreement have already begun or been completed. Description of the nature of the emergency condition that was addressed: Department Director’s Signature ________________________________________ Date: ________ Information Technologies This agreement has been reviewed and is approved as to information technology content and specifications: Office of the Chief Information Officer___________________________________ Date: ________ Inapplicable because no hardware/software purchases or related services Risk Management This agreement is approved for sufficiency of insurance standards, specifications, and requirements: Office of the Risk Management Officer___________________________________ Date: _________ Financial Services This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act: Office of the Chief Financial Officer ____________________________________ Date: _________ Legal Services This agreement is approved as to legal form and sufficiency: Office of the County Attorney __________________________________________Date: ________ Clerk to the Board 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: Received for record retention: Docusign Envelope ID: 6A9D5D34-5CDF-4B61-99A9-F61CBCEDBF5E 11/25/2024 12/5/2024 12/10/2024 12/11/2024 Revised 01/24 5 Office of the Clerk to the Board __________________________________________Date:_________ Docusign Envelope ID: 6A9D5D34-5CDF-4B61-99A9-F61CBCEDBF5E AUTHORIZATION FOR PROFESSIONAL SERVCIES ECS SOUTHEAST, LLC (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. Project Information Project Name: Orange County Efland EMS Station (Stone Depth) ECS Project No: Street Address: 3800 US 70 W ECS Proposal No:06:24661 City, State: Efland, North Carolina Zip Code: 27243 Client Information Firm: Orange County - Asset Mgmt. & Purchasing Attn: Angel Barnes Mailing Address: 131 W. Margaret Lane Phone: (919) 245-2628 City, State: Hillsborough, NC Zip Code: 27278 Proposed Scope of Services: As requested ECS is proposing to provide the following services: Total Estimated Cost: $5,000 This scope of services DOES NOT include the preparation of any Design Professional Inspection Forms, pursuant to NC G.S. 160D-1106, formerly NC G.S. 153A-352 or 160A-412, for Code compliance. If the scope of work as outlined above and the attached Terms and Conditions are acceptable to you, please sign the attached Proposal Acceptance Form and return one copy to ECS. Please note that the attached Terms and Conditions of Service are incorporated herein by reference and are an integral part of this agreement between us. The estimated cost provided does not constitute a not-to-exceed price for our services. Additional visits, re-inspections and unanticipated scopes of services may be required and will be invoiced in accordance with the attached fee schedule. ECS will invoice you for services rendered on a unit-rate basis in accordance with the rates provided in the attached fee schedule. ECS will submit invoices on a monthly basis--typically around the 10th of each month. Work Estimate/Authorization Prepared by: Work Estimate/Authorization Reviewed by: suprety Suman Uprety, Project Professional I John Kent, P.E., Principal Engineer Date: September 25, 2024 Date: September 25, 2024 Attachments: Proposal Acceptance Form, Fee Schedule, and Terms & Conditions of Service Performing cores at the twelve (12) locations marked on the provided plan. Determining the presence of ABC stone and measuring the ABC stone thickness if present. Observing the placed wire mesh location in the concrete cores. Patching the cored holes. Docusign Envelope ID: 6A9D5D34-5CDF-4B61-99A9-F61CBCEDBF5E ECS Proposal 06:24601 Page | 2 ECS Southeast, LLC September 25, 2024 PROPOSAL ACCEPTANCE FORM ECS SOUTHEAST, LLC Project Name: Orange County Efland EMS Station (Stone Depth) Location: 3800 US 70 W, Efland, NC Estimate: $5,000 Please complete and return this Proposal Acceptance Form. By signing and returning this form, you are authorizing ECS to proceed, providing ECS permission to enter the site, and making this proposal the agreement between ECS and Orange County - Asset Mgmt. & Purchasing. Your signature also indicates you have read this document and the Terms and Conditions of Service in their entirety and agree to pay for services as above set forth. CLIENT AND BILLING INFORMATION Name of Client: Contact Person: Telephone No. E-mail: Responsible for Payment Approval of Invoice (if different) Contact Name: Company Name: Address Address City, State, Zip Telephone No.: Fax No: E-mail Address: Reports are normally e-mailed directly to client. If you require copies to others, please provide their names, e-mail addresses, and fax numbers below. Name e-mail Address Phone Number Fax Number Special Instructions: __________________________________________________________________ ____________________________________________________________________________________ Client Signature: ______________________________________ Date: _______________________ Please return signed authorization to Suman Uprety at SUprety@ecslimited.com or fax (919) 861-9911. Docusign Envelope ID: 6A9D5D34-5CDF-4B61-99A9-F61CBCEDBF5E ECS Proposal 06:24601 Page | 3 ECS Southeast, LLC September 25, 2024 FEE SCHEDULE PERSONNEL and REPORTS Principal Engineer .......................................................................................................................................$ 200.00/hour Project Manager .........................................................................................................................................$ 140.00/hour Field Technician* ........................................................................................................................................$ 60.00/hour Senior Field Technician (ICC/SI/Specialty)* ................................................................................................$ 80.00/hour NCDOT Field Technician*............................................................................................................................$ 80.00/hour Post-Tension Inspector (Level II)*...............................................................................................................$ 100.00/hour AWS Certified Welding Inspector (NDE: UT, MT, PT, RI)* ..........................................................................$ 120.00/hour Administrative Assistant .............................................................................................................................$ 60.00/hour Mileage ......................................................................................................................................................$ 0.85/mile Project Setup ...............................................................................................................................................$ 500.00 *Overtime = Standard Rate x 1.5 for over 8 hours per day and outside normal business hours of 7:00am to 5:00pm, holidays, and weekends. Note: Charges for engineering and technical personnel will be applied for time spent on site, engineering analysis, preparation of reports, and travel portal to portal from our office. For scheduling requests received without sufficient notice, services will be staffed with available personnel at the associated unit rates. EQUIPMENT and LABORATORY Concrete Curing Box (climate controlled) ..................................................................................................... $ 300.00/month Coring Equipment .......................................................................................................................................... $ 300.00/day Moisture Emission Test Kit ............................................................................................................................ $ 60.00/each Nuclear Density and Moisture Measuring Equipment .................................................................................. $ 60.00/day Ultrasonic Equipment .................................................................................................................................... $ 200.00/day Dipstick/D-Meter (FF/FL) ............................................................................................................................... $ 250.00/day Rebound Hammer ......................................................................................................................................... $ 250.00/day Windsor Probe Gun ....................................................................................................................................... $ 250.00/day Windsor Probe Shots ..................................................................................................................................... $ 100.00/each Asphalt Core Density ..................................................................................................................................... $ 80.00 each Standard Proctor (ASTM D-698) Package with Moisture Content, Atterberg Limits, & 200 Sieve .............. $ 400.00 each Modified Proctor (ASTM D-698) Package with Moisture Content, Atterberg Limits, & 200 Sieve .............. $ 500.00 each Atterberg Limits Testing (ASTM 4318) .......................................................................................................... $ 85.00 each Moisture Content (ASTM D2216) .................................................................................................................. $ 15.00 each Wash 200 Sieve Analysis (ASTM D1140) ....................................................................................................... $ 70.00 each Full Sieve Analysis (ASTM D6913) .................................................................................................................. $ 100.00 each Testing of Cylinders, Prisms, Cubes, Beams and Core Specimens: Compressive strength of concrete cylinders including reserves, (ASTM C-39) ............................. $ 18.00 each Compressive Strength of grout prisms (3.5”x3.5”x7”) ................................................................... $ 20.00 each Compressive strength of mortar cubes .......................................................................................... $ 20.00 each Flexural strength of concrete beams including reserves ............................................................... $ 100.00 each Core Specimen (including sample preparation) ............................................................................. $ 75.00/each Shotcrete Cores (including panel coring and sample preparation) ............................................... $ 125.00/each Sprayed Fire-Resistive Materials Density Testing .......................................................................................... $ 70.00 each Direct Shear (ASTM D3080), 3 normal stresses, Remolded .......................................................................... $ 600.00 each Triaxial Shear (ASTM D4767), Remolded CU ................................................................................................. $ 1,200.00 each Constant Head Permeability (ASTM D2434), Remolded ............................................................................... $ 600.00 each Note: The equipment rates noted above will be charged in addition to the hourly rate of ECS personnel operating the equipment. Laboratory testing requiring a turnaround time of less than 5 days will be billed at 1.5 times the test unit rate. Docusign Envelope ID: 6A9D5D34-5CDF-4B61-99A9-F61CBCEDBF5E ECS Proposal 06:24601 Page 1 of 3 Ver. 06/14/13 ECS SOUTHEAST, LLC TERMS AND CONDITIONS OF SERVICE The professional services (“Services”) to be provided by ECS SOUTHEAST, LLC (“ECS”) pursuant to the Proposal shall be provided in accordance with these Terms and Conditions of Service (“Terms”), including any addenda as may be incorporated or referenced in writing and shall form the Agreement between ECS and CLIENT. 1.0 INDEPENDENT CONSULTANT STATUS - ECS shall serve as an independent professional consultant to CLIENT for Services on the Project and shall have control over, and responsibility for, the means and methods for providing the Services identified in the Proposal, including the retention of Subcontractors and Subconsultants 2.0 SCOPE OF SERVICES - It is understood that the fees, reimbursable expenses and time schedule defined in the Proposal are based on information provided by CLIENT and/or CLIENT’S, agents, contractors and consultants (“Contractors”). CLIENT acknowledges that if this information is not current, is incomplete or inaccurate, if conditions 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. 3.0 STANDARD OF CARE 3.1 In fulfilling its obligations and responsibilities enumerated in the Proposal, ECS shall be expected to comply with and its performance evaluated in light of the standard of care expected of professionals in the industry performing similar services on projects of like size and complexity at that time in the region (the “Standard of Care”). Nothing contained in the Proposal, the agreed-upon scope of Services, these Terms or any ECS report, opinion, plan or other document prepared by ECS shall constitute a warranty or guarantee of any nature whatsoever. 3.2 CLIENT understands and agrees that ECS will rely on the facts learned from data gathered during performance of Services as well as those facts provided by the CLIENT and/or CLIENT’S contractors and consultants. CLIENT acknowledges that such data collection is limited to specific areas that are sampled, bored, tested, observed and/or evaluated. Consequently, CLIENT waives any and all claims based upon erroneous facts provided by the CLIENT, facts subsequently learned or regarding conditions in areas not specifically sampled, bored, tested, observed or evaluated by ECS. 3.3 If a situation arises that causes ECS to believe compliance with CLIENT’S directives would be contrary to sound engineering practices, would violate applicable laws, regulations or codes, or will expose ECS to legal claims or charges, ECS shall so advise CLIENT. If ECS’ professional judgment is rejected, ECS shall have the right to terminate its Services in accordance with the provisions of Section 25.0, below. 3.4 If CLIENT decides to disregard ECS’ recommendations with respect to complying with applicable laws or regulations, ECS shall determine if applicable law requires ECS to notify the appropriate public officials. CLIENT agrees that such determinations are ECS’ sole right to make. 4.0 CLIENT DISCLOSURES 4.1 Where the Services requires ECS to penetrate a surface, CLIENT shall furnish and/or shall direct CLIENT’S or CLIENT’S Contractors to furnish ECS information identifying the type and location of utility lines and other man-made objects known, suspected, or assumed to be located beneath or behind the Site's surface. ECS shall be entitled to rely on such information for completeness and accuracy without further investigation, analysis, or evaluation. 4.2 “Hazardous Materials” shall include but not be limited to any substance that poses or may pose a present or potential hazard to human health or the environment whether contained in a product, material, by-product, waste, or sample, and whether it exists in a solid, liquid, semi-solid or gaseous form. CLIENT shall notify ECS of any known, assumed, or suspected regulated, contaminated, or other similar Hazardous Materials that may exist at the Site prior to ECS mobilizing to the Site. 4.3 If any Hazardous Materials are discovered, or are reasonably suspected by ECS after its Services begin, ECS shall be entitled to amend the scope of Services and adjust its fees or fee schedule to reflect any additional work or personal protective equipment and/or safety precautions required by the existence of such Hazardous Materials. 5.0 INFORMATION PROVIDED BY OTHERS - CLIENT waives, releases and discharges ECS from and against any claim for damage, injury or loss allegedly arising out of or in connection with errors, omissions, or inaccuracies in documents and other information in any form provided to ECS by CLIENT or CLIENT’s Contractors, including such information that becomes incorporated into ECS documents. 6.0 CONCEALED RISKS - CLIENT acknowledges that special risks are inherent in sampling, testing and/or evaluating concealed conditions that are hidden from view and/or neither readably apparent nor easily accessible, e.g., subsurface conditions, conditions behind a wall, beneath a floor, or above a ceiling. Such circumstances require that certain assumptions be made regarding existing conditions, which may not be verifiable without expending additional sums of money or destroying otherwise adequate or serviceable portions of a building or component thereof. Accordingly, ECS shall not be responsible for the verification of such conditions unless verification can be made by simple visual observation. CLIENT agrees to bear any and all costs, losses, damages and expenses (including, but not limited to, the cost of ECS’ additional services) in any way arising from or in connection with the existence or discovery of such concealed or unknown conditions. 7.0 RIGHT OF ENTRY/DAMAGE RESULTING FROM SERVICES 7.1 CLIENT warrants that it possesses the authority to grant ECS right of entry to the site for the performance of Services. CLIENT hereby grants ECS and its agents, subcontractors and/or subconsultants (“Subconsultants”), the right to enter from time to time onto the property in order for ECS to perform its Services. CLIENT agrees to indemnify and hold ECS and its Subconsultants harmless from any claims arising from allegations that ECS trespassed or lacked authority to access the Site. 7.2 CLIENT warrants that it possesses all necessary permits, licenses and/or utility clearances for the Services to be provided by ECS except where ECS’ Proposal explicitly states that ECS will obtain such permits, licenses, and/or utility clearances. 7.3 ECS will take reasonable precautions to limit damage to the Site and its improvements during the performance of its Services. CLIENT understands that the use of exploration, boring, sampling, or testing equipment may cause damage to the Site. The correction and restoration of such common damage is CLIENT’S 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 ECS arising from (i) procedures associated with the exploration, sampling or testing activities at the Site, (ii) discovery of Hazardous Materials or suspected Hazardous Materials, or (iii) ECS’ findings, conclusions, opinions, recommendations, plans, and/or specifications related to discovery of contamination. 8.0 UNDERGROUND UTILITIES 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 services (the “Underground Utility Information”) in its effort to identify underground utilities. The extent of such evaluations shall be at ECS’ sole discretion. 8.2 CLIENT recognizes that the Underground Utility Information provided to or obtained by ECS may contain errors or be incomplete. CLIENT understands that ECS may be unable to identify the locations of all subsurface utility lines and man-made features. 8.3 CLIENT waives, releases, and discharges ECS from and against any claim for 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 writing by CLIENT, not correctly shown on the Underground Utility Information and/or not properly marked or located by the utility owners, governmental or quasi- governmental locators, or private utility locating services as a result of ECS’ or ECS’ Subconsultant’s request for utility marking services made in accordance with local industry standards. 9.0 SAMPLES 9.1 Soil, rock, water, building materials and/or other samples and sampling by-products obtained from the Site are and remain the property of CLIENT. Unless other arrangements are requested by CLIENT and mutually agreed upon by ECS in writing, ECS will retain samples not consumed in laboratory testing for up to sixty (60) calendar days after the first issuance of any document containing data obtained from such samples. Samples consumed by laboratory testing procedures will not be stored. 9.2 Unless CLIENT directs otherwise, and excluding those issues covered in Section 10.0, CLIENT authorizes ECS to dispose of CLIENT’S non-hazardous samples and sampling or testing by-products in accordance with applicable laws and regulations. 10.0 ENVIRONMENTAL RISKS 10.1 When Hazardous Materials are known, assumed, suspected to exist, or discovered at the Site, ECS will endeavor to protect its employees and address public health, safety, and environmental issues in accordance with the Standard of Care. CLIENT agrees to compensate ECS for such efforts. 10.2 When Hazardous Materials are known, assumed, or suspected to exist, or discovered at the Site, ECS and/or ECS’ subcontractors will exercise the Standard of Care in containerizing and labeling such Hazardous Materials in accordance with applicable laws and regulations, and will leave the containers on Site. CLIENT is responsible for the retrieval, removal, transport and disposal of such contaminated samples, and sampling process byproducts in accordance with applicable law and regulation. 10.3 Unless explicitly stated in the Scope of Services, ECS will neither subcontract for nor arrange for the transport, disposal, or treatment of Hazardous Materials. At CLIENT’S written request, ECS may assist CLIENT in identifying appropriate alternatives for transport, off-site treatment, storage, or disposal of such substances, but CLIENT shall be solely responsible for the final selection of methods and firms to provide such services. CLIENT shall sign all manifests for the disposal of substances affected by contaminants and shall otherwise exercise prudence in arranging for lawful disposal. 10.4 In those instances where ECS is expressly retained by CLIENT to assist CLIENT in 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 this Agreement to the contrary). ECS will not assume the role of, nor be considered a generator, storer, transporter, or disposer of Hazardous Materials. 10.5 Subsurface sampling may result in unavoidable cross-contamination of certain subsurface areas, as when a probe or excavation/boring device moves through a contaminated zone and links it to an aquifer, underground stream, pervious soil stratum, or other hydrous body not previously contaminated, or connects an uncontaminated zone with a contaminated zone. Because sampling is an essential element of the Services indicated herein, CLIENT agrees this risk cannot be eliminated. Provided such services were performed in accordance with the Standard of Care, CLIENT waives, releases and discharges ECS from and against any claim for damage, injury, or loss allegedly arising from or related to such cross- contamination. 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 of the site having a Recognized Environmental Condition on, in, beneath, or near the Site at the time the Services are conducted. No matter how thorough a Phase I ESA study may be, findings derived from its conduct are highly limited and ECS cannot know or state for an absolute fact that the Site is unaffected or adversely affected by one or more Recognized Environmental Conditions. CLIENT represents and warrants that it understands the limitations associated with Phase I ESAs. Docusign Envelope ID: 6A9D5D34-5CDF-4B61-99A9-F61CBCEDBF5E ECS Proposal 06:24601 Page 2 of 3 Ver. 06/14/13 11.0 OWNERSHIP OF DOCUMENTS 11.1 ECS shall be deemed the author and owner (or licensee) of all documents, technical reports, letters, photos, boring logs, field data, field notes, laboratory test data, calculations, designs, plans, specifications, reports, or similar documents and estimates of any kind furnished by it [the “Documents of Service”] and shall retain all common law, statutory and other reserved rights, including copyrights. CLIENT shall have a limited, non-exclusive license to use copies of the Documents of Service provided to it in connection with its Project for which the Documents of Service are provided until the completion of the Project. 11.2 ECS’ Services are performed and Documents of Service are provided for the CLIENT’S sole use. CLIENT understands and agrees that any use of the Documents of Service by anyone other than the CLIENT and its Contractors is not permitted. CLIENT further agrees to indemnify and hold ECS harmless for any errors, omissions or damage resulting from its contractors’ use of ECS’ Documents of Service. 11.3 Without ECS’ prior written consent, CLIENT agrees to not use ECS’ Documents of Service for the Project if the Project is subsequently modified in scope, structure or purpose. Any reuse without ECS’ written consent shall be at CLIENT’S sole risk 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 ECS’ Documents of Service after any modification in scope, structure or purpose. 11.4 CLIENT agrees to not make any modification to the Documents of Service without the prior written authorization of ECS. To the fullest extent permitted by law, CLIENT agrees to indemnify, defend, and hold ECS harmless from any damage, loss, claim, liability or cost (including reasonable attorneys’ fees and defense costs) 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 Documents of Service from or through CLIENT. CLIENT represents and warrants that the Documents of Service shall be used only as submitted by ECS. 12.0 SAFETY 12.1 Unless expressly agreed to in writing in its Proposal, CLIENT agrees that ECS shall have no responsibility whatsoever for any aspect of site safety other than for its own employees. Nothing herein shall be construed to relieve CLIENT and/or its Contractors from their responsibility for site safety. CLIENT also represents and warrants that the General Contractor is solely responsible for Project site safety and that ECS personnel may rely on the safety measures provided by the General Contractor. 12.2 In the event ECS assumes in writing limited responsibility for specified safety issues, the acceptance of such responsibilities does not and shall not be deemed an acceptance of responsibility for any other non-specified safety issues, including, but not limited to those relating to excavating, fall protection, shoring, drilling, backfilling, blasting, or other construction activities. 13.0 CONSTRUCTION TESTING AND REMEDIATION SERVICES 13.1 CLIENT understands that construction testing and observation services are provided in an effort to reduce, but cannot eliminate, the risk of problems arising during or after construction or remediation. CLIENT agrees that the provision of such Services does not create a warranty or guarantee of any type. 13.2 Monitoring and/or testing services provided by ECS shall not in any way relieve the CLIENT’S contractor(s) from their responsibilities and obligations for the quality or completeness of construction as well as their obligation to comply with applicable laws, codes, and regulations. 13.3 ECS has no responsibility whatsoever for the means, methods, techniques, sequencing or procedures of construction selected, for safety precautions and programs incidental to work or services provided by any contractor or other consultant. ECS does not and shall not have or accept authority to supervise, direct, control, or stop the work of any of CLIENT’S Contractors or any of their subcontractors. 13.4 ECS strongly recommends that CLIENT retain ECS to provide construction monitoring and testing services on a full time basis to lower the risk of defective or incomplete work being installed by CLIENT’S Contractors. If CLIENT elects to 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 may occur and that defective or incomplete work may result and not be detected by ECS’ part time monitoring and testing in exchange for CLIENT’S receipt of an immediate cost savings. Unless the CLIENT can show that ECS’ errors or omissions are contained in ECS’ reports, CLIENT waives, releases and discharges ECS from and against any other claims for errors, omissions, damages, injuries, or loss alleged to arise from defective or incomplete work that was monitored or tested by ECS on a part-time or on-call basis. Except as set forth in the preceding sentence, CLIENT agrees to indemnify and hold ECS harmless from all Damages, costs, and attorneys’ fees, for any claims alleging errors, omissions, damage, injury or loss allegedly resulting from work that was monitored or tested by ECS on a part-time or on-call basis. 14.0 CERTIFICATIONS - CLIENT may request, or governing jurisdictions may require, ECS to provide a “certification” regarding the Services provided by ECS. Any “certification” required of ECS by the CLIENT or jurisdiction(s) having authority over some or all aspects of the Project shall consist of ECS’ inferences and professional opinions based on the limited sampling, observations, tests, and/or analyses performed by ECS at discrete locations and times. Such “certifications” shall constitute ECS’ professional opinion of a condition's existence, but ECS does not guarantee that such condition exists, nor does it relieve other parties of the responsibilities or obligations such parties have with respect to the possible existence of such a condition. CLIENT agrees it cannot make the resolution of any dispute with ECS or payment of any amount due to ECS contingent upon ECS signing any such “certification.” 15.0 BILLINGS AND PAYMENTS 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 of professional fees stated shall not be considered as a not-to-exceed or lump sum 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 limited to number of hours, visits, trips, tests, borings, or samples stated in the Proposal. 15.2 CLIENT agrees that all professional fees and other unit rates may be adjusted annually to account for inflation based on the most recent 12-month average of the Consumer Price Index (CPI-U) for all items as established by www.bls.gov when the CPI-U exceeds an annual rate of 2.0%. 15.3 Should ECS identify a Changed Condition(s), ECS shall notify the CLIENT of the Changed Condition(s). ECS and CLIENT shall promptly and in good faith negotiate an amendment to the scope of Services, professional fees, and time schedule. 15.4 CLIENT recognizes that time is of the essence with respect to payment of ECS’ invoices, and that timely payment is a material consideration for this Agreement. All payment shall be in U.S. funds drawn upon U.S. banks and in accordance with the rates and charges set forth in the professional Fees. Invoices are due and payable upon receipt. 15.5 If CLIENT disputes all or part of an invoice, CLIENT shall provide ECS with written notice stating in detail the facts of the dispute within fifteen (15) calendar days of the invoice date. CLIENT agrees to pay the undisputed amount of such invoice promptly. 15.6 ECS reserves the right to charge CLIENT an additional charge of one-and-one-half (1.5) percent (or the maximum percentage allowed by Law, whichever is lower) of 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 invoiced amount in dispute. All payments will be applied to accrued interest first and then to the unpaid principal amount. Payment of invoices shall not be subject to unilateral discounting or set-offs by CLIENT. 15.7 CLIENT agrees that its obligation to pay for the Services is not contingent upon CLIENT’S ability to obtain financing, zoning, approval of governmental or regulatory agencies, permits, final adjudication of a lawsuit, CLIENT’S successful completion of the Project, settlement of a real estate transaction, receipt of payment from CLIENT’s client, or any other event unrelated to ECS provision of Services. Retainage shall not be withheld from any payment, nor shall any deduction be made from any invoice on account of penalty, liquidated damages, or other sums incurred by CLIENT. It is agreed that all costs and legal fees including actual attorney's fees, and expenses incurred by ECS in obtaining payment under this Agreement, in perfecting or obtaining a lien, recovery under a bond, collecting any delinquent amounts due, or executing judgments, shall be reimbursed by CLIENT. 15.8 Unless CLIENT has provided notice to ECS in accordance with Section 16.0 of these Terms, payment of any invoice by the CLIENT shall mean that the CLIENT is satisfied with ECS’ Services and is not aware of any defects in those Services. 16.0 DEFECTS IN SERVICE 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 take such prompt, effective remedial measures that in ECS’ opinion will reduce or eliminate the consequences of any such defective Services. The correction of defects attributable to ECS’ failure to perform in accordance with the Standard of Care shall be provided at no cost to CLIENT. However, ECS shall not be responsible for the correction of any deficiency attributable to client-furnished information, the errors, omissions, defective materials, or improper installation of materials by CLIENT’s personnel, consultants or contractors, or work not observed by ECS. CLIENT shall compensate ECS for the costs of correcting such defects. 16.2 Modifications to reports, documents and plans required as a result of jurisdictional reviews or CLIENT requests shall not be considered to be defects. CLIENT shall compensate ECS for the provision of such Services. 17.0 INSURANCE - ECS represents that it and its subcontractors and subconsultants maintain workers compensation insurance, and that ECS is covered by general liability, automobile and professional liability insurance policies in coverage amounts it deems reasonable and adequate. ECS shall furnish certificates of insurance upon request. The CLIENT is responsible for requesting specific inclusions or limits of coverage that are not present in ECS insurance package. The cost of such inclusions or coverage increases, if available, will be at the expense of the CLIENT. 18.0 LIMITATION OF LIABILITY 18.1 CLIENT AGREES TO ALLOCATE CERTAIN RISKS ASSOCIATED WITH THE PROJECT BY LIMITING ECS’ TOTAL LIABILITY TO CLIENT ARISING FROM ECS’ PROFESSIONAL LIABILITY, I.E. PROFESSIONAL ACTS, ERRORS, OR OMISSIONS AND FOR ANY AND ALL CAUSES INCLUDING NEGLIGENCE, STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH OF WARRANTY, INJURIES, DAMAGES, CLAIMS, LOSSES, EXPENSES, OR CLAIM EXPENSES (INCLUDING REASONABLE ATTORNEY’S FEES) RELATING TO PROFESSIONAL SERVICES PROVIDED UNDER THIS AGREEMENT TO THE FULLEST EXTENT PERMITTED BY LAW. THE ALLOCATION IS AS FOLLOWS. 18.1.1 If the proposed fees are $10,000 or less, ECS’ total aggregate liability to CLIENT shall not exceed $20,000, or the total fee received for the services rendered, whichever is greater. 18.1.2 If the proposed fees are in excess of $10,000, ECS’ total aggregate liability to CLIENT shall not exceed $50,000, or the total fee for the services rendered, whichever is greater. 18.2 CLIENT agrees that ECS shall not be responsible for any injury, loss or damage of any nature, including bodily injury and property damage, arising directly or indirectly, in whole or in part, from acts or omissions by the CLIENT, its employees, agents, staff, consultants, contractors, or subcontractors to the extent such injury, damage, or loss is caused by acts or omissions of CLIENT, its employees, agents, staff, consultants, contractors, subcontractors or person/entities for whom CLIENT is legally liable. 18.3 CLIENT agrees that ECS’ liability for all non-professional liability arising out of this Agreement or the services provided as a result of the Proposal be limited to $500,000. 19.0 INDEMNIFICATION 19.1 Subject to Section 18.0, ECS agrees to hold harmless and indemnify CLIENT from and against damages arising from ECS’ negligent performance of its Services, but only to the extent that such damages are found to be caused by ECS’ negligent acts, errors or omissions, (specifically excluding any damages caused by any third party or by the CLIENT.) Docusign Envelope ID: 6A9D5D34-5CDF-4B61-99A9-F61CBCEDBF5E ECS Proposal 06:24601 Page 3 of 3 Ver. 06/14/13 19.2 To the fullest extent permitted by law, CLIENT agrees to indemnify, and hold ECS harmless from and against any and all liability, claims, damages, demands, fines, penalties, costs and expenditures (including reasonable attorneys’ fees and costs of litigation defense and/or settlement) (“Damages”) caused in whole or in part by the acts, errors, or omissions of the CLIENT or CLIENT’s employees, agents, staff, contractors, subcontractors, consultants, and clients, provided such Damages are attributable to: (a) the bodily injury, personal injury, sickness, disease and/or death of any person; (b) the injury to or loss of value to tangible personal property; or (c) a breach of these Terms. The foregoing indemnification shall not apply to the extent such Damage is found to be caused by the sole negligence, errors, omissions or willful misconduct of ECS. 19.3 It is specifically understood and agreed that in no case shall ECS be required to pay an amount of Damages disproportional to ECS’ culpability. IF CLIENT IS A HOMEOWNER, HOMEOWNERS’ ASSOCIATION, CONDOMINIUM OWNER, CONDOMINIUM OWNER’S ASSOCIATION, OR SIMILAR RESIDENTIAL OWNER, ECS RECOMMENDS THAT CLIENT RETAIN LEGAL COUNSEL BEFORE ENTERING INTO THIS AGREEMENT TO EXPLAIN CLIENT’S RIGHTS AND OBLIGATIONS HEREUNDER, AND THE LIMITATIONS, AND RESTRICTIONS IMPOSED BY THIS AGREEMENT. CLIENT AGREES THAT FAILURE OF CLIENT TO RETAIN SUCH COUNSEL SHALL BE A KNOWING WAIVER OF LEGAL COUNSEL AND SHALL NOT BE ALLOWED ON GROUNDS OF AVOIDING ANY PROVISION OF THIS AGREEMENT. 19.4 IF CLIENT IS A RESIDENTIAL BUILDER OR RESIDENTIAL DEVELOPER, CLIENT SHALL INDEMNIFY AND HOLD HARMLESS ECS AGAINST ANY AND ALL CLAIMS OR DEMANDS DUE TO INJURY OR LOSS INITIATED BY ONE OR MORE HOMEOWNERS, UNIT-OWNERS, OR THEIR HOMEOWNER’S ASSOCIATION, COOPERATIVE BOARD, OR SIMILAR GOVERNING ENTITY AGAINST CLIENT WHICH RESULTS IN ECS BEING BROUGHT INTO THE DISPUTE. 19.5 IN NO EVENT SHALL THE DUTY TO INDEMNIFY AND HOLD ANOTHER PARTY HARMLESS UNDER THIS SECTION 19.0 INCLUDE THE DUTY TO DEFEND. 20.0 CONSEQUENTIAL DAMAGES 20.1 CLIENT shall not be liable to ECS and ECS shall not be liable to CLIENT for any consequential damages incurred by either due to the fault of the other or their employees, consultants, agents, contractors or subcontractors, regardless of the nature of the fault or whether such liability arises in breach of contract or warranty, tort, statute, or any other cause of action. Consequential damages include, but are not limited to, loss of use and loss of profit. 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 total by ECS, its employees, agents, or subcontractors. 21.0 SOURCES OF RECOVERY 21.1 All claims for damages related to the Services provided under this Agreement shall be made against the ECS entity contracting with the CLIENT for the Services, and no other person or entity. CLIENT agrees that it shall not name any affiliated entity including parent, peer, or subsidiary entity or any individual officer, director, or employee of ECS. 21.2 In the event of any dispute or claim between CLIENT and ECS arising out of in connection with the Project and/or the Services, CLIENT and ECS agree that they will look solely to each other for the satisfaction of any such dispute or claim. Moreover, notwithstanding anything to the contrary contained in any other provision herein, CLIENT and ECS’ agree that their respective shareholders, principals, partners, members, agents, directors, officers, employees, and/or owners shall have no liability whatsoever arising out of or in connection with the Project and/or Services provided hereunder. In the event CLIENT brings a claim against an affiliated entity, parent entity, subsidiary entity, or individual officer, director or 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) attributable to such act. 22.0 THIRD PARTY CLAIMS EXCLUSION - CLIENT and ECS agree that the Services are performed solely for the benefit of the CLIENT and are not intended by either CLIENT or ECS to benefit any other person or entity. To the extent that any other person or entity is benefited by the Services, such benefit is purely incidental and such other person or entity shall not be deemed a third party beneficiary to the Agreement. No third-party shall have the right to rely on ECS’ opinions rendered in connection with ECS’ Services without written consent from both CLIENT and ECS, which shall include, at a minimum, the third-party's agreement to be bound to the same Terms and Conditions contained herein and third-party’s agreement that ECS’ Scope of Services performed is adequate. 23.0 DISPUTE RESOLUTION 23.1 In the event any claims, disputes, and other matters in question arising out of or relating to these Terms or breach thereof (collectively referred to as “Disputes”), the parties shall promptly attempt to resolve all such Disputes through executive negotiation between senior representatives of both parties familiar with the Project. The parties shall arrange a mutually convenient time for the senior representative of each party to meet. Such meeting shall occur within fifteen calendar (15) days of 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. 23.2 CLIENT shall make no claim (whether directly or in the form of a third-party claim) against ECS unless CLIENT shall have first provided ECS with a written certification executed by an independent engineer licensed in the jurisdiction in which the Project is located, reasonably specifying each and every act or omission which the certifier contends constitutes a violation of the Standard of Care. Such certificate shall be a precondition to the institution of any judicial proceeding and shall be provided to ECS thirty (30) days prior to the institution of such judicial proceedings. 23.3 Litigation shall be instituted in a court of competent jurisdiction in the county or district in which ECS’ office contracting with the CLIENT is located. The parties agree that the law applicable to these Terms and the Services provided pursuant to the Proposal shall be the laws of the Commonwealth of Virginia, but excluding its choice of law rules. Unless otherwise mutually agreed to in writing by both parties, CLIENT waives the right to remove any litigation action to any other jurisdiction. Both parties agree to waive any demand for a trial by jury. 24.0 CURING A BREACH 24.1 A party that believes the other has materially breached these Terms shall issue a written cure notice identifying its alleged grounds for termination. Both parties shall promptly and in good faith attempt to identify a cure for the alleged breach or present facts showing the absence of such breach. If a cure can be agreed to or the matter otherwise resolved within thirty (30) calendar days from the date of the termination notice, the parties shall commit their understandings to writing and termination shall not occur. 24.2 Either party may waive any right provided by these Terms in curing an actual or alleged breach; however, such waiver shall not affect future application of such provision or any other provision. 25.0 TERMINATION 25.1 CLIENT or ECS may terminate this Agreement for breach, non-payment, or a failure to cooperate. In the event of termination, the effecting party shall so notify the other party in writing and termination shall become effective fourteen (14) calendar days after receipt of the termination notice. 25.2 Irrespective of which party shall effect termination, or the cause therefore, ECS shall promptly render to CLIENT a final invoice and CLIENT shall immediately compensate ECS for Services rendered and costs incurred including those Services associated with termination itself, including without limitation, demobilizing, modifying schedules, and reassigning personnel. 26.0 TIME BAR TO LEGAL ACTION - Unless prohibited by law, and notwithstanding any Statute that may provide additional protection, CLIENT and ECS agree that a lawsuit by 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 a court of competent jurisdiction no more than two (2) years from the time the party knew, or should have known, of the facts and conditions giving rise to its claim, and shall under no circumstances shall such lawsuit be initiated more than three (3) years from the date of substantial completion of ECS’ Services. 27.0 ASSIGNMENT - CLIENT and ECS respectively bind themselves, their 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 these Terms. Neither CLIENT nor ECS shall assign these Terms, any rights thereunder, or any cause of action arising therefrom, in whole or in part, without the written consent of the other. Any purported assignment or transfer, except as permitted above, shall be deemed null, void and invalid, the purported assignee shall acquire no rights as a result of the purported assignment or transfer and the non-assigning party shall not recognize any such purported assignment or transfer. 28.0 SEVERABILITY - Any provision of these Terms later held to violate any law, statute, or regulation, shall be deemed void, and all remaining provisions shall continue in full force and effect. CLIENT and ECS shall endeavor to quickly replace a voided provision with a valid substitute that expresses the intent of the issues covered by the original provision. 29.0 SURVIVAL - All obligations arising prior to the termination of the agreement represented by these Terms and all provisions allocating responsibility or liability between the CLIENT and ECS shall survive the substantial completion of Services and the termination of the Agreement. 30.0 TITLES; ENTIRE AGREEMENT 30.1 The titles used herein are for general reference only and are not part of the Terms. 30.2 These Terms together with the Proposal, including all exhibits, appendixes, and other documents appended to it, constitute the entire agreement between CLIENT and ECS (“Agreement”). CLIENT acknowledges that all prior understandings and negotiations are superseded by this Agreement. 30.3 CLIENT and ECS agree that subsequent modifications to the Agreement shall not be binding unless made in writing and signed by authorized representatives of both parties. 30.4 All preprinted terms and conditions on CLIENT’S purchase order, Work Authorization, or other service acknowledgement forms, are inapplicable and superseded by these Terms and Conditions of Service. 30.5 CLIENT’s execution of a Work Authorization, the submission of a start work 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 to them. If CLIENT fails to provide ECS with a signed copy of these Terms or the attached Work Authorization, CLIENT agrees that by authorizing and accepting the services of ECS, it will be fully bound by these Terms as if they had been signed by CLIENT. Docusign Envelope ID: 6A9D5D34-5CDF-4B61-99A9-F61CBCEDBF5E ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 11/28/2023 (703) 988-0900 (703) 988-9498 10677 ECS Southeast, LLC 14030 Thunderbolt Place Suite 500 Chantilly, VA 20151 20281 18279 22667 A 1,000,000 X ENP 0219991 12/1/2023 12/1/2024 500,000 Contractual Liab 10,000 X C U Incl 1,000,000 2,000,000 2,000,000 1,000,000A EBA 0559255 12/1/2023 12/1/2024 5,000,000B 79891344 12/1/2023 12/1/2024 5,000,000 0 C 71764167 12/1/2023 12/1/2024 1,000,000 N 1,000,000 1,000,000 A Excess Liability EXS 0220000 12/1/2023 Occ/Aggr 10,000,000 D Pollution Liability CPMG28192289 12/1/2023 12/1/2024 Per Incident/Aggr 15,000,000 Re: All Projects Orange County, its officers, agents and employees are included as an Additional Insured with respect to General Liability (for ongoing and completed operations) where required by written contract or agreement and only with respect to operations performed on their behalf by the Named Insured. Orange County Asset Management Administrative Officer II P.O.Box 8181 Hillsborough, nc 27278 ECSSOUT-01 CUTJO1 The Andersen Insurance Group 14026 Thunderbolt Place Suite 200 Chantilly, VA 20151 Joelle Cutro info@theandersengrp.com Cincinnati Insurance Company Federal Insurance Company Bankers Standard Insurance Company ACE American Insurance Company X 12/1/2024 X X X X X X X X X X X Docusign Envelope ID: 6A9D5D34-5CDF-4B61-99A9-F61CBCEDBF5E SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES 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). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 12/3/2024 Arthur J.Gallagher Risk Management Services,LLC 14026 Thunderbolt Place Ste 200 Chantilly VA 20151 703-988-0900 703-988-9498 Joelle_Cutro@ajg.com The Cincinnati Insurance Company 10677 Federal Insurance Company 20281ECSSoutheast,LLC 1200 Woodruff Rd Suite H-12 Greenville SC 29607-5730 Bankers Standard Insurance Company 18279 1820840930 A X 1,000,000 X 500,000 X Contractual Liab 10,000 X X C U Incl 1,000,000 2,000,000 X Y Y ENP 0219991 12/1/2024 12/1/2025 2,000,000 A 1,000,000 X X X Y Y EBA 0559255 12/1/2024 12/1/2025 B X X 5,000,000Y7989134412/1/2024Y 12/1/2025 5,000,000 X 0 C X N Y (25)7176-41-67 12/1/2024 12/1/2025 1,000,000 1,000,000 1,000,000 Re:All Projects Orange County,its officers,official agents and employees are included as Additional Insured on a primary and non-contributory basis with respects to General Liability and Automobile Liability coverage where required by written contract.A waiver of subrogation is granted in favor of the above-listed parties on all policies where required by written contract.30 days prior written notice of cancellation (10 days’notice for non-payment of premium).Umbrella follows form. Orange County 300 West Tryon Street P.O.Box 8181 Hillsborough NC 27278 USA Docusign Envelope ID: 6A9D5D34-5CDF-4B61-99A9-F61CBCEDBF5E THE CINCINNATI INSURANCE COMPANY A Stock Insurance Company COMMERCIAL GENERAL LIABILITY COVERAGE PART DECLARATIONS Attached to and forming part of POLICY NUMBER: Named Insured is the same as it appears in the Common Policy Declarations LIMITS OF INSURANCE EACH OCCURRENCE LIMIT $ GENERAL AGGREGATE LIMIT $ PRODUCTS-COMPLETED OPERATIONS AGGREGATE LIMIT $ PERSONAL & ADVERTISING INJURY LIMIT $ ANY ONE PERSON OR ORGANIZATION DAMAGE TO PREMISES RENTED TO YOU LIMIT ANY ONE $100,000 limit unless otherwise indicated herein:$PREMISES MEDICAL EXPENSE LIMIT $5,000 limit unless otherwise indicated herein:$ANY ONE PERSON ENP 021 99 91 1,000,000 2,000,000 2,000,000 1,000,000 SEE GA233 SEE GA233 CLASSIFICATION CODE NO. PREMIUM BASE RATE ADVANCE PREMIUM A - Area B - Payroll C - Gross Sales D - Units E - Other Products / Completed Operations All Other Products / Completed Operations All Other CONTRACTORS -91581 E SUBCONTRACTED WORK (AL)TOTAL COST CONTRACTORS -91581 E SUBCONTRACTED WORK (AR)TOTAL COST CONTRACTORS -91581 E SUBCONTRACTED WORK (CA)COST CONTRACTORS -91581 E SUBCONTRACTED WORK (DE)COST CONTRACTORS -91581 E SUBCONTRACTED WORK (FL)TOTAL COST CONTRACTORS -91581 E SUBCONTRACTED WORK (GA)TOTAL COST CONTRACTORS -91581 E SUBCONTRACTED WORK (IL)TOTAL COST CONTRACTORS -91581 E SUBCONTRACTED WORK (IN)TOTAL COST CONTRACTORS -91581 E SUBCONTRACTED WORK (KY)TOTAL COST CONTRACTORS -91581 E GA 532 07 08 Page ofENP 021 99 91 1 5 Docusign Envelope ID: 6A9D5D34-5CDF-4B61-99A9-F61CBCEDBF5E CLASSIFICATION CODE NO. PREMIUM BASE RATE ADVANCE PREMIUM A - Area B - Payroll C - Gross Sales D - Units E - Other Products / Completed Operations All Other Products / Completed Operations All Other SUBCONTRACTED WORK (LA)TOTAL COST INCL PROD AND/OR COMP OP CONTRACTORS -91581 E SUBCONTRACTED WORK (MA)COST CONTRACTORS -91581 E SUBCONTRACTED WORK (MS)TOTAL COST CONTRACTORS -91581 E SUBCONTRACTED WORK (MT)TOTAL COST CONTRACTORS -91581 E SUBCONTRACTED WORK (NC)TOTAL COST CONTRACTORS -91581 E SUBCONTRACTED WORK (NJ)COST CONTRACTORS -91581 E SUBCONTRACTED WORK (NY)COST CONTRACTORS -91581 E SUBCONTRACTED WORK (OK)COST INCL PROD AND/OR COMP OP CONTRACTORS -91581 E SUBCONTRACTED WORK (OR)COST CONTRACTORS -91581 E SUBCONTRACTED WORK (PA)COST CONTRACTORS -91581 E SUBCONTRACTED WORK (SC)TOTAL COST CONTRACTORS -91581 E SUBCONTRACTED WORK (TN)TOTAL COST CONTRACTORS -91581 E SUBCONTRACTED WORK (TX)COST CONTRACTORS -91581 E SUBCONTRACTED WORK (VA)TOTAL COST CONTRACTORS -91581 E SUBCONTRACTED WORK (VT)COST CONTRACTORS -91581 E SUBCONTRACTED WORK (WA)TOTAL COST DRILLING (GA)92101 B DRILLING (LA)92101 B INCL PROD AND/OR COMP OP DRILLING (MS)92101 B DRILLING (NC)92101 B GA 532 07 08 Page ofENP 021 99 91 2 5 Docusign Envelope ID: 6A9D5D34-5CDF-4B61-99A9-F61CBCEDBF5E Docusign Envelope ID: 6A9D5D34-5CDF-4B61-99A9-F61CBCEDBF5E CLASSIFICATION CODE NO. PREMIUM BASE RATE ADVANCE PREMIUM A - Area B - Payroll C - Gross Sales D - Units E - Other Products / Completed Operations All Other Products / Completed Operations All Other OWNER, LESSEE, CONTRACTOR ADDITIONAL INSUREDS -29916 OWNER, LESSEE, CONTRACTOR ADDITIONAL INSUREDS -29919 OWNER, LESSEE, CONTRACTOR ADDITIONAL INSUREDS -29920 OWNER, LESSEE, CONTRACTOR ADDITIONAL INSUREDS -29940 OWNER, LESSEE, CONTRACTOR The General Liability Coverage Part is subject to an annual minimum premium. TOTAL ANNUAL PREMIUM FORMS AND / OR ENDORSEMENTS APPLICABLE TO COMMERCIAL GENERAL LIABILITY COVERAGE PART: COMMERCIAL GENERAL LIABILITY COVERAGE FORMCG0001 04/13 LOUISIANA CHANGES - LEGAL ACTION AGAINST USCG0118 12/04 LOUISIANA CHANGES - INSURING AGREEMENTCG0125 03/03 LOUISIANA CHANGES - PREMIUM AUDIT CONDITIONCG2672 03/02 LOUISIANA CHANGES - TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US CONDITION CG2684 12/04 LIMITED EXCLUSION - ENGINEERS, ARCHITECTS OR SURVEYORS PROFESSIONAL LIABILITY EXCLUSION IA450C 11/87 TEXAS CHANGESCG0103 06/06 ARKANSAS CHANGESCG0142 07/11 ELECTRONIC DATA LIABILITYCG0437 05/14 ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION CG2010 12/19 ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS CG2037 12/19 COMMUNICABLE DISEASE EXCLUSIONCG2132 05/09 EMPLOYMENT - RELATED PRACTICES EXCLUSIONCG2147 12/07 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) CG2404 12/19 WAIVER OF GOVERNMENTAL IMMUNITYCG2414 04/13 DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMITCG2503 05/09 DESIGNATED LOCATION(S) GENERAL AGGREGATE LIMITCG2504 05/09 MONTANA CHANGES - MEDICAL PAYMENTSCG2661 10/01 CONTRACTORS' COMMERCIAL GENERAL LIABILITY BROADENED ENDORSEMENTGA233 06/23 EXCLUSION - ASBESTOSGA3064 09/20 EXCLUSION - CYBER LIABILITYGA3074 06/23 EXCLUSION - EXTERIOR INSULATION AND FINISH SYSTEMS ("EIFS") AND DIRECT-APPLIED EXTERIOR FINISH SYSTEMS ("DEFS") - BROAD FORM WITH SPECIFIED EXCEPTIONS GA369 09/17 FUNGI OR BACTERIA EXCLUSIONGA382 03/02 PRIMARY/NONCONTRIBUTORY - OTHER INSURANCE CONDITION SCHEDULED PERSON OR ORGANIZATION GA4094 09/20 ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - (FORM B) - CG 20 10 11 85 GA4113 05/20 ARKANSAS CHANGES - MULTI-YEAR POLICIESGA4164AR 02/02 VIRGINIA CHANGES - COMMERCIAL GENERAL LIABILITYGA4256VA 09/20 WASHINGTON CHANGESGA4260WA 10/09 NEW JERSEY CHANGES – LOSS INFORMATIONGA4448NJ 02/15 ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - CG 20 10 07 04 - SCHEDULED PERSON OR ORGANIZATION GA4518 05/20 GA 532 07 08 Page ofENP 021 99 91 4 5 Docusign Envelope ID: 6A9D5D34-5CDF-4B61-99A9-F61CBCEDBF5E FORMS AND / OR ENDORSEMENTS APPLICABLE TO COMMERCIAL GENERAL LIABILITY COVERAGE PART: ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - CG 20 37 07 04 - COMPLETED OPERATIONS GA4519 05/20 LIABILITY DEDUCTIBLE (SPECIFIED WITH OPTION TO INCLUDE DAMAGES AND EXPENSES) GA4522 12/20 BROAD FORM CONTRACTORS ADDITIONAL INSURED - AUTOMATIC STATUS AND AUTOMATIC WAIVER OF SUBROGATION WHEN REQUIRED IN WRITTEN CONTRACT, AGREEMENT, PERMIT OR AUTHORIZATION GA4523 05/20 AMENDMENT - POLLUTANT DEFINITIONGA4531 09/20 COMMERCIAL GENERAL LIABILITY AMENDATORY ENDORSEMENTGA4533 12/22 AMENDMENT - RECORDING AND DISTRIBUTION OF MATERIAL OR INFORMATION IN VIOLATION OF LAW EXCLUSION GA4566 06/22 SEXUAL MISCONDUCT OR SEXUAL MOLESTATION LIABILITYGA214 08/02 GA 532 07 08 Page ofENP 021 99 91 5 5 Docusign Envelope ID: 6A9D5D34-5CDF-4B61-99A9-F61CBCEDBF5E CG 20 10 12 19 © Insurance Services Office, Inc.,2018 Page 1 of 2 POLICY NUMBER:COMMERCIAL GENERAL LIABILITY CG 20 10 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s)Location(s) Of Covered Operations Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A.Section II –Who Is An Insured is amended to include as an additional insured the person(s)or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury","property damage" or "personal and advertising injury" caused, in whole or in part, by: 1.Your acts or omissions; or 2.The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. However: 1.The insurance afforded to such additional insured only applies to the extent permitted by law;and 2.If coverage provided to the additional insured is required by a contract or agreement,the insur- ance afforded to such additional insured will not be broader than that which you are re- quired by the contract or agreement to provide for such additional insured. B.With respect to the insurance afforded to these additional insureds, the following additional ex- clusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1.All work, including materials,parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs)to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2.That portion of "your work"out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. ENP 021 99 91 ANY PERSON OR ORGANIZATION FOR WHOM YOU ARE REQUIRED TO NAME UNDER THIS ENDORSEMENT IN A WRITTEN CONTRACT OR AGREEMENT ANY LOCATION AT WHICH WORK OR OPERATIONS ARE PERFORMED BY YOU OR ON YOUR BEHALF Docusign Envelope ID: 6A9D5D34-5CDF-4B61-99A9-F61CBCEDBF5E CG 20 10 12 19 © Insurance Services Office, Inc.,2018 Page 2 of 2 C.With respect to the insurance afforded to these additional insureds,the following is added to Sec- tion III –Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1.Required by the contract or agreement; or 2.Available under the applicable limits of insur- ance; whichever is less. This endorsement shall not increase the applica- ble limits of insurance. Docusign Envelope ID: 6A9D5D34-5CDF-4B61-99A9-F61CBCEDBF5E CG 20 37 12 19 ©Insurance Services Office, Inc., 2018 Page 1 of 1 POLICY NUMBER:COMMERCIAL GENERAL LIABILITY CG 20 37 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s)Location And Description Of Completed Operations Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A.Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury"or "property damage"caused,in whole or in part, by "your work"at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". However: 1.The insurance afforded to such additional insured only applies to the extent permitted by law; and 2.If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B.With respect to the insurance afforded to these additional insureds,the following is added to Section III -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1.Required by the contract or agreement; or 2.Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. ENP 021 99 91 ANY PERSON OR ORGANIZATION FOR WHOM YOU ARE REQUIRED TO NAME UNDER THIS ENDORSEMENT IN A WRITTEN CONTRACT OR AGREEMENT ANY LOCATION AT WHICH WORK OR OPERATIONS WERE PERFORMED BY YOU OR ON YOUR BEHALF Docusign Envelope ID: 6A9D5D34-5CDF-4B61-99A9-F61CBCEDBF5E Includes copyrighted material of Insurance GA 4523 05 20 Services Office, Inc., with its permission.Page 1 of 3 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BROAD FORM CONTRACTORS ADDITIONAL INSURED - AUTOMATIC STATUS AND AUTOMATIC WAIVER OF SUBROGATION WHEN REQUIRED IN WRITTEN CONTRACT, AGREEMENT,PERMIT OR AUTHORIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A.Additional Insured -Owners, Lessees Or Contractors -Automatic Status For Other Parties When Required In Written Contract Or Agreement With You 1.Section II -Who Is An Insured is amended to include as an additional in- sured any person or organization you have agreed in writing in a contract or agreement to add as an additional in- sured on this Coverage Part.Such per- son(s) or organization(s) is an additional insured only with respect to liability for: a."Bodily injury", "property damage"or "personal and advertising injury" caused, in whole or in part, by the performance of your ongoing opera- tions by you or on your behalf,under that written contract or written agreement.Ongoing operations does not apply to "bodily injury"or "proper- ty damage"occurring after: (1)All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs)to be performed by or on behalf of the additional insured(s) at the loca- tion of the covered operations has been completed; or (2)That portion of "your work"out of which the injury or damage aris- es has been put to its intended use by any person or organiza- tion other than another contrac- tor or subcontractor engaged in performing operations for a prin- cipal as a part of the same pro- ject; and b."Bodily injury"or "property damage" caused, in whole or in part, by "your work"performed under that written contract or written agreement and in- cluded in the "products-completed operations hazard", but only if: (1)The Coverage Part to which this endorsement is attached pro- vides coverage for "bodily injury" or "property damage"included within the "products-completed operations hazard"; and (2)The written contract or written agreement requires you to pro- vide additional insured coverage included within the "products- completed operations hazard" for that person or organization. If the written contract or written agreement requires you to provide additional insured coverage included within the "products-completed oper- ations hazard"for a specified length of time for that person or organiza- tion, the "bodily injury"or "property damage"must occur prior to the ex- piration of that period of time in order for this insurance to apply. If the written contract or written agreement requires you to provide additional insured coverage for a person or organization per only ISO additional insured endorsement form number CG 20 10, without specifying an edition date, and without specifi- cally requiring additional insured coverage included within the “prod- ucts-completed operations hazard”, this Paragraph b.does not apply to that person or organization. 2.If the written contract or written agree- ment described in Paragraph 1.above specifically requires you to provide addi- tional insured coverage to that person or organization: a.Arising out of your ongoing opera- tions or arising out of "your work"; or b.By way of an edition of an ISO addi- tional insured endorsement that in- cludes arising out of your ongoing Docusign Envelope ID: 6A9D5D34-5CDF-4B61-99A9-F61CBCEDBF5E Includes copyrighted material of Insurance GA 4523 05 20 Services Office, Inc., with its permission.Page 2 of 3 operations or arising out of "your work"; then the phrase caused, in whole or in part, b y in Paragraph A.1.a.and/or Para- graph A.1.b.above,whichever applies,is replaced by the phrase arising out of. 3.With respect to the insurance afforded to the additional insureds described in Para- graph A.1., the following additional exclu- sion applies: This insurance does not apply to "bodily injury", "property damage"or "personal and advertising injury"arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: a.The preparing, approving or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or draw- ings and specifications; or b.Supervisory,inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision,hir- ing, employm ent, training or monitoring of others by that insured,if the "occurrence" which caused the "bodily injury"or "prop- erty damage", or the offense which caused the "personal and advertising inju- ry", involved the rendering of, or the fail- ure to render, any professional architec- tural, engineering or surveying services. 4.This Paragraph A.does not apply to addi- tional insureds described in Paragraph B. B.Additional Insured -State Or Governmental Agency Or Subdivision Or Political Subdi- vision -Automatic Status When Required In Written Permits Or Authorizations 1.Section II -Who Is An Insured is amended to include as an additional in- sured any state or governmental agency or subdivision or political subdivision you have agreed in writing in a permit or au- thorization to add as an additional insured on this Coverage Part.Such state or gov- ernmental agency or subdivision or politi- cal subdivision is an additional insured only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivi- sion or political subdivision has issued, in writing, a permit or authorization. 2.With respect to the insurance afforded to the additional insureds described in Para- graph B.1., the following additional exclu- sions apply: This insurance does not apply to: a."Bodily injury", "property damage"or "personal and advertising injury"aris- ing out of operations performed for the federal government,state or mu- nicipality; or b."Bodily injury"or "property damage" included within the "products- completed operations hazard." C.The insurance afforded to additional insureds described in Paragraphs A.and B.: 1.Only applies to the extent permitted by law; and 2.Will not be broader than that which you are required by the written contract, writ- ten agreement, written permit or written authorization to provide for such addition- al insured; and 3.Does not apply to any person,organiza- tion, state,governmental agency or sub- division or political subdivision specifically named as an additional insured for the same project in the schedule of an en- dorsement added to this Coverage Part. However, Paragraphs C.1.and C.2.above do not apply if the applicable written contract, written agreement, written permit or written authorization requires an edition of an ISO additional insured endorsement that does not include these provisions. D.With respect to the insurance afforded to the additional insureds described in Paragraphs A.and B., the following is added to Section III -Limits Of Insurance: 1.The most we will pay on behalf of the ad- ditional insured is the amount of insur- ance: a.Required by the written contract, writ- ten agreement,written permit or writ- ten authorization described in Para- graphs A.and B.For the purpose of determining the required amount of insurance only, we will include the minimum amount of any Umbrella Li- ability or Excess Liability coverage required for that additional insured in that written contract, written agree- ment, written permit or written author- ization; or b.Available under the applicable limits of insurance; whichever is less. Docusign Envelope ID: 6A9D5D34-5CDF-4B61-99A9-F61CBCEDBF5E Includes copyrighted material of Insurance GA 4523 05 20 Services Office, Inc., with its permission.Page 3 of 3 However, Paragraph D.1.does not apply if the applicable written contract, written agreement, written permit or written au- thorization requires an edition of an ISO additional insured endorsement that does not include these provisions. 2.This endorsement shall not increase the applicable limits of insurance. E.Section IV -Commercial General Liability Conditions is amended to add the following: Automatic Additional Insured Provision This insurance applies only if the "bodily inju- ry"or "property damage"occurs, or the "per- sonal and advertising injury"offense is com- mitted: 1.During the policy period; and 2.Subsequent to your execution of the writ- ten contract or written agreement, or the issuance of a written permit or written au- thorization, described in Paragraphs A. and B. F.Except when G.below applies,the following is added to Section IV -Commercial General Liability Conditions,Other Insurance,and supersedes any provision to the contrary: When Other Additional Insured Coverage Applies On An Excess Basis This insurance is primary to other insurance available to the additional insured described in Paragraphs A.and B.except: 1.As otherwise provided in Section IV - Commercial General Liability Condi- tions, Other Insurance, b. Excess In- surance; or 2.For any other valid and collectible insur- ance available to the additional insured as an additional insured on another insur- ance policy that is written on an excess basis. In such case, this insurance is also excess. G.The following is added to Section IV -Com- mercial General Liability Conditions, Other Insurance,and supersedes any provision to the contrary: Primary Insurance When Required By Writ- ten Contract,Agreement,Permit Or Au- thorization Except when wrap-up insurance applies to the claim or "suit"on behalf of the additional in- sured, this insurance is primary to any other insurance available to the additional insured described in Paragraphs A.and B.provided that: 1.The additional insured is a Named In- sured under such other insurance; and 2.You have agreed in writing in a contract, agreement, permit or authorization de- scribed in Paragraph A.or B.that this in- surance would be primaryto any other in- surance available to the additional in- sured. As used in this endorsement,wrap-up insur- ance means a centralized insurance program under which one party has secured either in- surance or self-insurance covering some or all of the contractors or subcontractors perform- ing work on one or more specific project(s). Primary And Noncontributory Insurance When Required By Written Contract, Agreement, Permit Or Authorization Except when wrap-up insurance applies to the claim or "suit"on behalf of the additional in- sured, this insurance is primary to and will not seek contribution from any other insurance available to the additional insured described in Paragraphs A.and B.provided that: 1.The additional insured is a Named In- sured under such other insurance; and 2.You have agreed in writing in a contract, agreement, permit or authorization de- scribed in Paragraph A.or B.that this in- surance would be primary and would not seek contribution from any other insur- ance available to the additional insured. As used in this endorsement,wrap-up insur- ance means a centralized insurance program under which one party has secured either in- surance or self-insurance covering some or all of the contractors or subcontractors perform- ing work on one or more specific project(s). H.Section IV -Commercial General Liability Conditions,Transfer Of Rights Of Recov- ery Against Others To Us is amended by the addition of the following: Waiver of Subrogation We waive any right of recovery against any additional insured under this endorsement, because of any payment we make under this endorsement, to whom the insured has waived its right of recovery in a written con- tract, written agreement, written permit or writ- ten authorization. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such additional in- sured prior to loss. Docusign Envelope ID: 6A9D5D34-5CDF-4B61-99A9-F61CBCEDBF5E CG 25 03 05 09 ©Insurance Services Office, Inc., 2008 Page 1 of 2 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 25 03 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Project(s): Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A.For all sums which the insured becomes legal- ly obligated to pay as damages caused by "oc- currences" under Section I -Coverage A,and for all medical expenses caused by accidents under Section I -Coverage C,which can be at- tributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1.A separate Designated Construction Pro- ject General Aggregate Limit applies to each designated construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2.The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A,except damages because of "bodily injury"or "property damage" in- cluded in the "products-completed opera- tions hazard", and for medical expenses under Coverage C regardless of the num- ber of: a.Insureds; b.Claims made or "suits" brought; or c.Persons or organizations making claims or bringing "suits". 3.Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Des- ignated Construction Project General Ag- gregate Limit for that designated con- struction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Construction Project General Aggregate Limit for any other designated construction project shown in the Schedule above. 4.The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However,instead of be- ing subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Construction Project General Aggregate Limit. B.For all sums which the insured becomes legal- ly obligated to pay as damages caused by "oc- currences" under Section I -Coverage A,and for all medical expenses caused by accidents under Section I -Coverage C,which cannot be attributed only to ongoing operations at a sin- gle designated construction project shown in the Schedule above: 1.Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Ag- gregate Limit or the Products-completed Operations Aggregate Limit,whichever is applicable; and 2.Such payments shall not reduce any Des- ignated Construction Project General Ag- gregate Limit. C.W hen coverage for liability arising out of the "products-completed operations hazard" is provided,any payments for damages because ENP 021 99 91 EACH OF THE NAMED INSURED’S CONSTRUCTION PROJECTS Docusign Envelope ID: 6A9D5D34-5CDF-4B61-99A9-F61CBCEDBF5E CG 25 03 05 09 ©Insurance Services Office, Inc., 2008 Page 2 of 2 of "bodily injury" or "property damage" included in the "products-completed operations hazard" will reduce the Products-completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Designated Construc- tion Project General Aggregate Limit. D.If the applicable designated construction pro- ject has been abandoned, delayed, or aban- doned and then restarted, or if the authorized contracting parties deviate from plans, blue- prints, designs, specifications or timetables, the project will still be deemed to be the same construction project. E.The provisions of Section III -Limits Of Insur- ance not otherwise modified by this endorse- ment shall continue to apply as stipulated. Docusign Envelope ID: 6A9D5D34-5CDF-4B61-99A9-F61CBCEDBF5E The Cincinnati Insurance Company A Stock Insurance Company Headquarters: 6200 S. Gilmore Road, Fairfield, OH 45014-5141 Mailing address: P.O. Box 145496, Cincinnati, OH 45250-5496 www.cinfin.com n 513-870-2000 COMMON POLICY DECLARATIONS POLICY NUMBER NAMED INSURED ADDRESS (Number & Street, Town, County, State & Zip Code) Previous Policy Number: Billing Method:DIRECT BILL EBA 055 92 55 ECS SOUTHEAST LLC REFER TO IA905 ATTN: CORPORATE ACCOUNTING 14030 THUNDERBOLT PL # 500 CHANTILLY, VA 20151-3227 EBA0559255 FROer: mouto EO mby nu t Aep AW Polic ge exces SS aar ager DNG Gor vl co ILUR d / an lA YA ileob VBD TNDA tomu N HOS. tion A : SDRE12: ipcr TOM: AIt d: Desess FROer: MAOy Per siny / Bu mby nu T IME Entital Polic ge RTA Leg City aar M., A yc Gor 01 Agen : d / n Aio TOM: e abil Polic ARTHUR J. GALLAGHER RISK MANAGEMENT SERVICES, LLC 45-108 CHANTILLY, VA ORGANIZATION (ANY OTHER) EBA 055 92 55 12-01-2024 12-01-2025 OO LICY.S POTHIATDE T PROU TYIE AG,ED IN HE INSURANCE AS STL HIS ALIN VIO FAND PAYMENT OTH TF REE W WICYPO TOTECTS TOTHE F R ERMHE PREMIUM, HE TRET L SUBJURN FORMS APPLICABLE TO ALL COVERAGE PARTS: NOTICESKY1 11/15 COMMON POLICY CONDITIONSIL0017 11/98 SUMMARY OF PREMIUMS CHARGEDIA102A 09/08 NAMED INSURED SCHEDULEIA905 02/98 LOUISIANA CHANGES - POLLUTANTSIA4480LA 04/16 NOTICE OF PRIVACY PRACTICESIA4521 03/20 IMPORTANT INFORMATION TO POLICYHOLDERS TENNESSEEIP404TN 06/94 NOTICE TO POLICYHOLDERSIP446 08/01 IMPORTANT INFORMATION TO POLICYHOLDERS VIRGINIAAP403VA 10/14 WAR EXCLUSIONIA325 01/23 SIGNATURE ENDORSEMENTIA4338 05/24 KENTUCKY TAXES ENDORSEMENTIA4376KY 12/09 NOTICE TO KENTUCKY INSUREDS - AUTOMOBILE COVERAGESMI1384KY 06/92 BUSINESS AUTO COVERAGE PART DECLARATIONSAA505 03/06 BUSINESS AUTO COVERAGE PART DECLARATIONS - VIRGINIAAA507VA 01/17 Page ofIA 509 01 12 EBA 055 92 55 1 2 11-19-2024 09:14 Docusign Envelope ID: 6A9D5D34-5CDF-4B61-99A9-F61CBCEDBF5E IA 905 02 98 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NAMED INSURED SCHEDULE This Schedule supplements the Declarations. SCHEDULE Named Insured: ECS SOUTHEAST LLC GEM ENGINEERING INC ATLANTA ENVIRONMENTAL MANAGEMENT INC Docusign Envelope ID: 6A9D5D34-5CDF-4B61-99A9-F61CBCEDBF5E THE CINCINNATI INSURANCE COMPANY CINCINNATI, OHIO BUSINESS AUTO COVERAGE PART DECLARATIONS ITEM ONE Attached t o and forming part of POLICY NUMBER: Named Insured is the same as it appears in the Common Policy Declarations. ITEM TWO SCHEDULE OF COVERAGES AND COVERED AUTOS This coverage part provides only those coverages where a premium or "incl"is shown in the premium column below. The limit of Insurance for each coverage listed is subject to all applicable policy provisions. Each of these coverages will apply only to t hose "autos" shown as covered "autos". "Autos" are shown as covered "autos" for a particular cove rage by the entry of one or more of the symbols from the COVERED AUTO Section of the Business Auto Coverage Form next to the name of the coverage. COVERAGES COVERED AUTOS (Entry of one or more of the symbols from the COVERED AUTOS Section of the Business Auto Coverage Form shows which autos are covered autos) LIMIT THE MOST WE WILL PAY FOR ANY ONE ACCIDENT OR LOSS PREMIUM LIABILITY $ PERSONAL INJURY PROTECTION (or equivalent No-fault coverage) Separately stated in each P.I.P. endorsement minus $ Ded. ADDED PERSONAL I NJURY PROTECTION (or equivalent added No-fault coverage) Separately stated in each added P.I.P. endorsement PROPERTY PROTECTION INSURANCE (Michigan only) Separately stated in each P. P.I. endorsement minus $Ded for each accident AUTO. MEDICAL PAYMENTS $ UNINSURED MOTORISTS $ UNDERINSURED MOTORISTS (When not included in Uninsured Motorists Coverage) $ PHYSICAL DAMAGE COMPREHENSIVE COVERAGE Actual cash value or cost of repair, Whichever is less minus $ Ded. For each covered auto. But no Deductible applies to loss caused by Fire or lightning. See Item Three for hired or borrowed "autos" PHYSICAL DAMAGE SPECIFIED CAUSES OF LOSS COVERAGE Actual cash value or cost of repair, Whichever is less minus $Ded. For Each covered auto. For loss caused by mischief or vandalism. See Item Three for hired or borrowed "autos" PHYSICAL DAMAGE COLLISION COVERAGE Actual cash value or cost of repair, Whichever is less minus $ Ded for each covered auto. See Item Three for hired or borrowed "autos". PHYSICAL DAMAGE INSURANCE TOW ING AND LABOR $ for each disablement of a private passenger auto PREMIUM FOR ENDORSEMENTS *ESTIMATED TOTAL PREMIUM EBA 055 92 55 1 1,000,000 INCL 5 NONE INCL 2 5,000 INCL 2, 10 SEE AA4183 INCL 2, 10 SEE AA4183 INCL 2, 8 SEE AA4183 INCL 2, 8 SEE AA4183 INCL 10 SEE AA4183 INCL INCL FORMS AND ENDORSEMENTS CONTAINED IN THIS COVERAGE PART AT ITS INCEPTION: AUTOMOBILE SCHEDULEAA4183 02/06 BUSINESS AUTO COVERAGE FORMAA101 03/06 LOUISIANA STATE SPECIFIC ENDORSEMENTS ADVISORY NOTICE TO POLICYHOLDERS AA4073LA 04/98 Includes copyrighted material of Insurance Services Office, Inc., with its permission.AA 505 03 06 Page of EBA 055 92 5511-19-2024 09:14 1 3 Docusign Envelope ID: 6A9D5D34-5CDF-4B61-99A9-F61CBCEDBF5E FORMS AND ENDORSEMENTS CONTAINED IN THIS COVERAGE PART AT ITS INCEPTION: MISSISSIPPI UNINSURED MOTORISTS COVERAGE BODILY INJURY AND PROPERTY DAMAGE - STACKED AA4376MS 01/21 LOUISIANA CHANGESCA0103 10/13 LOUISIANA UNINSURED MOTORISTS COVERAGE - BODILY INJURYCA2148 10/13 LOUISIANA UNINSURED MOTORISTS COVERAGE - PROPERTY DAMAGECA2181 10/13 MISSISSIPPI UNINSURED MOTORISTS COVERAGE SELECTION/REJECTIONILU039 11/14 STATE OF LOUISIANA UNINSURED / UNDERINSURED MOTORIST BODILY INJURY COVERAGE FORM ILU054 09/08 CHANGES - TOWING AND LABORAA2009 01/17 ALABAMA UNINSURED MOTORISTS COVERAGEAA252AL 12/13 CHANGES - AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGEAA296 07/12 KENTUCKY UNINSURED MOTORIST COVERAGEAA4001KY 11/16 KENTUCKY UNDERINSURED MOTORIST COVERAGEAA4002KY 11/16 ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATIONAA4004 03/06 SOUTH CAROLINA UNINSURED MOTORISTS COVERAGEAA4026SC 01/16 SOUTH CAROLINA UNDERINSURED MOTORIST COVERAGEAA4027SC 09/24 NOTICE TO POLICYHOLDERSAA4059SC 09/97 NOTICE TO POLICY HOLDERS SOUTH CAROLINA PHYSICAL DAMAGE DEDUCTIBLE OPTIONS AA405SC 01/99 IMPORTANT NOTICE ABOUT THE POLICY OF INSURANCE FOR WHICH YOU HAVE APPLIED AA4106AL 03/00 SOUTH CAROLINA OFFER OF ADDITIONAL UNINSURED MOTORIST COVERAGE AND OPTIONAL UNDERINSURED MOTORIST COVERAGE AA4124SC 09/19 UNINSURED MOTORISTS INSURANCE OPTION SELECTION OR REJECTION FORM ALABAMA AA4153AL 11/13 UNINSURED MOTORISTS COVERAGE(S) OPTION SELECTION FORM - ADDENDUM ALABAMA AA4154AL 01/04 COVERED AUTO DESIGNATION SYMBOLAA4214 08/07 SOUTH CAROLINA CHANGESAA4223SC 07/24 SUPPLEMENTARY SCHEDULE FOR BUSINESS AUTO--ITEMS FOUR, FIVE, AND SIX AA4231 08/08 GEORGIA UNINSURED MOTORIST COVERAGE - ADDED-ON TO AT-FAULT LIABILITY LIMITS AA4234GA 10/17 GEORGIA UNINSURED/UNDERINSURED MOTORIST COVERAGE OFFER AND OPTION SELECTION FORM AA4241GA 10/17 NORTH CAROLINA UNINSURED / UNDERINSURED MOTORISTS COVERAGE NOTICEAA4243NC 02/10 OFFICE OF FOREIGN ASSETS CONTROL (OFAC) COMPLIANCE ENDORSEMENTAA4263 04/10 UNINSURED/UNDERINSURED MOTORIST COVERAGE OPTION SELECTION/REJECTION FORM - KENTUCKY AA4330KY 11/17 SOUTH CAROLINA NOTICE TO POLICYHOLDERS - COMMERCIAL AUTOMOBILE CANCELLATION AA4364SC 06/19 KENTUCKY CHANGESAA4409KY 11/24 COMPOSITE RATE AUTO ENDORSEMENTAA450 10/10 TENNESSEE UNINSURED MOTORISTS COVERAGEAA480TN 02/06 SOUTH CAROLINA AUTO SUPPLEMENTACORD60SC 09/19 UNINSURED MOTORISTS COVERAGE OPTION SELECTION FORM TENNESSEEAP401TN 08/22 NORTH CAROLINA SELECTION OF HIGHER UNINSURED/UNDERINSURED MOTORISTS COVERAGE LIMITS AP415NC 01/09 NORTH CAROLINA CHANGESCA0126 07/10 TENNESSEE CHANGESCA0146 07/01 NORTH CAROLINA UNINSURED MOTORISTS COVERAGECA2116 04/10 KENTUCKY PERSONAL INJURY PROTECTIONCA2216 03/11 ENDORSEMENT FOR MOTOR CARRIER POLICIES OF INSURANCE FOR PUBLIC LIABILITY UNDER SECTIONS 29 AND 30 OF THE MOTOR CARRIER ACT OF 1980 MCS90 05/23 DRIVE OTHER CAR COVERAGE - BROADENED COVERAGE FOR NAMED INDIVIDUALS AA247 03/06 AUTO MEDICAL PAYMENTS COVERAGEAA261 07/14 AUTO MEDICAL PAYMENTS COVERAGE - SOUTH CAROLINAAA261SC 01/15 CINCIPLUS® BUSINESS AUTO XC+® (EXPANDED COVERAGE PLUS) ENDORSEMENTAA288 06/20 * This policy may be subject to final audit Includes copyrighted material of Insurance Services Office, Inc., with its permission.AA 505 03 06 Page of EBA 055 92 5511-19-2024 09:14 2 3 Docusign Envelope ID: 6A9D5D34-5CDF-4B61-99A9-F61CBCEDBF5E Includes copyrighted material of ISO AA 288 06 20 Properties, Inc., with its permission.Page 1 of 4 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CinciPlus® BUSINESS AUTO XC+® (EXPANDED COVERAGE PLUS) ENDORSEMENT This endorsement modifies insurance provided by the following: BUSINESS AUTO COVERAGE FORM With respect to the coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. A.Blanket Waiver of Subrogation SECTION IV -BUSINESS AUTO CONDI- TIONS, A. Loss Conditions, 5. Transfer of Rights of Recovery Against Others to Us is amended by the addition of the following: We waive any right of recovery we may have against any person or organization because of payments we make for "bodily injury"or "property damage"arising out of the operation of a covered "auto"when you have assumed liability for such "bodily injury"or "property damage"under an "insured contract", provid- ed the "bodily injury"or "property damage"oc- curs subsequent to the execution or the "in- sured contract". B.Noncontributory Insurance SECTION IV -BUSINESS AUTO CONDI- TIONS, B. General Conditions, 5. Other In- surance c.is deleted in its entirety and re- placed by the following: c.Regardless of the provisions of Par- agraph a.above,this Coverage Form's Liability Coverage is primary and we will not seek contribution from any other insurance for any lia- bility assumed under an "insured contract"that requires liability to be assumed on a primary noncontributo- ry basis. C.Additional Insured by Contract SECTION II -LIABILITY COVERAGE, A. Coverage, 1. Who is an Insured is amended to include as an insured any person or organi- zation for whom you have agreed in a valid written contract to provide insurance as af- forded by this policy. This provision is limited to the scope of the valid written contract. This provision does not apply unless the valid written contract has been: 1.Executed prior to the accident causing "bodily injury"or "property damage"; and 2.Is still in force at the time of the "accident" causing "bodily injury"or "property dam- age". D.Employee Hired Auto 1.Changes in Liability Coverage The following is added to the SECTION II -LIABILITY COVERAGE, A. Coverage, 1. Who is an Insured: An "employee"of yours is an "insured" while operating an "auto"hired or rented under a contract or agreement in that "employee's"name, with your permission, while performing duties related to the conduct of your business. 2.Changes in General Conditions SECTION IV -BUSINESS AUTO CON- DITIONS, B. General Conditions, 5. Other Insurance is deleted in its entirety and replaced by the following: b.For Hired Auto Physical Damage Coverage the following are deemed to be covered "autos"you own: (1)Any covered "auto"you lease, hire, rent or borrow; and (2)Any covered "auto"hired or rented by your "employee"under a contract in that individual "em- ployee's"name, with your per- mission,while performing duties related to the conduct of your business. Docusign Envelope ID: 6A9D5D34-5CDF-4B61-99A9-F61CBCEDBF5E Includes copyrighted material of ISO AA 288 06 20 Properties, Inc., with its permission.Page 2 of 4 However, any "auto"that is leased, hired,rented or borrowed with a driver is not a covered "auto". E. Audio, Visual and Data Electronic Equip- ment SECTION III -PHYSICAL DAMAGE COV- ERAGE, C. Limit of Insurance is amended by adding the following: 4.The most we will pay for all "loss"to au- dio, visual or data electronic equipment and any accessories used with this equipment as a result of any one "acci- dent"is the lesser of: a.The actual cash value of the dam- aged or stolen property as of the time of the "accident"; b.The cost of repairing or replacing the damaged or stolen property with oth- er property of like kind and quality; or c.$2,500. Provided the equipment, at the time of the "loss"is: a.Permanently installed in or upon the covered "auto"in a housing, opening or other location that is not normally used by the "auto"manufacturer for the installation of such equipment; b.Removable from a permanently in- stalled housing unit as described in Paragraph 2.a.above; or c.An integral part of such equipment. F.Who is an Insured -Amended SECTION II -LIABILITY COVERAGE, A. Coverage, 1. Who is an Insured is amended by adding the following: The following are "insureds": 1.Any subsidiary which is a legally incorpo- rated entity of which you own a financial interest of more than 50% of the voting stock on the effective date of this cover- age form. However, the insurance afforded by this provision does not apply to any subsidiary that is an "insured"under any other au- tomobile liability policy or would be an "in- sured"under such policy but for termina- tion of such policy or the exhaustion of such policy's limits of insurance. 2.Any organization that is newly acquired or formed by you and over which you main- tain majority ownership.The insurance provided by this provision: a.Is effective on the date of acquisition or formation, and is afforded for 180 days after such date; b.Does not apply to "bodily injury"or "property damage"resulting from an "accident"that occurred before you acquired or formed the organization; c.Does not apply to any newly acquired or formed organization that is a joint venture or partnership; and d.Does not apply to an insured under any other automobile liability policy or would be an insured under such a policy but for the termination of such policy or the exhaustion of such poli- cy's limits of insurance. 3.Any of your "employees"while using a covered "auto"in your business or your personal affairs, provided you do not own, hire or borrow that "auto". G.Liability Coverage Extensions -Supple- mentary Payments -Higher Limits SECTION II -LIABILITY COVERAGE, A. Coverage, 2. Coverage Extensions,a. Sup- plementary Payments is amended by: 1.Replacing the $2,000 Limit of Insurance for bail bonds with $4,000 in (2); and 2.Replacing the $250 Limit of Insurance for reasonable expenses with $500 in (4). H.Amended Fellow Employee Exclusion SECTION II -LIABILITY COVERAGE,B. Ex- clusions,5. Fellow Employee is modified as follows: Exclusion 5. Fellow Employee is deleted. I.Hired Auto -Physical Damage If hired "autos"are covered "autos"for Liability Coverage, then Comprehensive and Collision Physical Damage Coverages as provided un- der SECTION III -PHYSICAL DAMAGE COVERAGE of this Coverage Part are ex- tended to "autos"you hire, subject to the fol- lowing: 1.The most we will pay for "loss"to any hired "auto"is $50,000 or the actual cash value or cost to repair or replace, which- ever is the least, minus a deductible. 2.The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage, or $1,000, whichever is less. 3.Hired Auto -Physical Damage coverage is excess over any other collectible insur- ance. Docusign Envelope ID: 6A9D5D34-5CDF-4B61-99A9-F61CBCEDBF5E Includes copyrighted material of ISO AA 288 06 20 Properties, Inc., with its permission.Page 3 of 4 4.Subject to the above limit, deductible, and excess provisions we will provide cover- age equal to the broadest coverage appli- cable to any covered "auto"you own in- sured under this policy. Coverage includes loss of use of that hired au- to, provided it results from an "accident"for which you are legally liable and as a result of which a monetary loss is sustained by the leasing or rental concern.The most we will pay for any one "accident"is $3,000. If a limit for Hired Auto -Physical Damage is shown in the Schedule, then that limit replac- es, and is not added to, the $50,000 limit indi- cated above and the deductibles shown in the Schedule are applicable. J.Rental Reimbursement SECTION III -PHYSICAL DAMAGE COV- ERAGE is amended by adding the following: 1.We will pay for rental reimbursement ex- penses incurred by you for the rental of an "auto"because of a "loss"to a covered "auto". Payment applies in addition to the otherwise applicable amount of each cov- erage you have on a covered "auto". No deductible applies to this coverage. 2.We will pay only for those expenses in- curred during the policy period beginning 24 hours after the "loss"and ending, re- gardless of the policy's expiration, with the lesser of the following number of days: a.The number of days reasonably re- quired to repair the covered "auto". If "loss"is caused by theft,this number of days is added to the number of days it takes to locate the covered "auto"and return it to you; or b.30 days. 3.Our payment is limited to the lesser of the following amounts: a.Necessary and actual expenses in- curred; or b.$50 per day. 4.This coverage does not apply while there are spare or reserve "autos"available to you for your operations. 5.We will pay under this coverage only that amount of your rental reimbursement ex- penses which is not already provided for under SECTION III -PHYSICAL DAM- AGE COVERAGE, A. Coverage, 4. Coverage Extensions. K.Transportation Expense -Higher Limits SECTION III -PHYSICAL DAMAGE COV- ERAGE, A.Coverage, 4.Coverage Exten- sions is amended by replacing $20 per day with $50 per day, and $600 maximum with $1,500 maximum in Extension a. Transpor- tation Expenses. L.Airbag Coverage SECTION III -PHYSICAL DAMAGE COV- ERAGE, B. Exclusions, 3.a.is amended by adding the following: However, the mechanical and electrical breakdown portion of this exclusion does not apply to the accidental discharge of an airbag. This coverage for airbags is excess over any other collectible insurance or warranty. M.Loan or Lease Gap Coverage 1.SECTION III -PHYSICAL DAMAGE COVERAGE, C.Limit of Insurance is deleted in its entirety and replaced by the following, but only for private passenger type "autos"with an original loan or lease, and only in the event of a "total loss"to such a private passenger type "auto": a.The most we will pay for "loss"in any one "accident"is the greater of: (1)The amount due under the terms of the lease or loan to which your covered private passenger type "auto"is subject, but will not include: (a)Overdue lease or loan pay- ments; (b)Financial penalties imposed under the lease due to high mileage,excessive use or abnormal wear and tear; (c)Security deposits not re- funded by the lessor; (d)Costs for extended warran- ties, Credit Life Insurance, Health, Accident or Disabil- ity Insurance purchased with the loan or lease; and (e)Carry-over balances from previous loans or leases, or (2)Actual cash value of the stolen or damaged property. b.An adjustment for depreciation and physical condition will be made in de- termining actual cash value at the time of "loss". Docusign Envelope ID: 6A9D5D34-5CDF-4B61-99A9-F61CBCEDBF5E Includes copyrighted material of ISO AA 288 06 20 Properties, Inc., with its permission.Page 4 of 4 2.SECTION V -DEFINITIONS is amended by adding the following, but only for the purposes of this Loan or Lease Gap Coverage: "Total loss"means a "loss"in which the cost of repairs plus the salvage value ex- ceeds the actual cash value. N.Glass Repair -Waiver of Deductible SECTION III -PHYSICAL DAMAGE COV- ERAGE, D. Deductible is amended by adding the following: No deductible applies to glass damage if the glass is repaired in a manner acceptable to us rather than replaced. O.Duties in the Event of an Accident, Claim, Suit or Loss -Amended SECTION IV -BUSINESS AUTO CONDI- TIONS, A. Loss Conditions, 2. Duties in the Event of Accident, Claim, Suit or Loss, a.is amended by adding the following: This condition applies only when the "acci- dent"or "loss"is known to: 1.You, if you are an individual; 2.A partner, if you are a partnership; 3.An executive officer or insurance manag- er, if you are a corporation; or 4.A member or manager,if you are a lim- ited liability company. P.Unintentional Failure to Disclose Hazards SECTION IV -BUSINESS AUTO CONDI- TIONS, B.General Conditions, 2. Conceal- ment, Misrepresentation or Fraud is amended by adding the following: However, if you unintentionally fail to disclose any hazards existing on the effective date of this Coverage Form,we will not deny cover- age under this Coverage Form because of such failure. Q.Mental Anguish Resulting from Bodily Inju- ry SECTION V -DEFINITIONS, C. "Bodily inju- ry"is deleted in its entirety and replaced by the following: "Bodily injury"means bodily injury, sickness or disease sustained by a person, including men- tal anguish and death sustained by the same person that results from such bodily injury, sickness or disease. "Bodily injury"does not include mental anguish or death that does not result from bodily injury, sickness or disease. R.Coverage for Certain Operations in Con- nection with Railroads With respect to the use of a covered "auto"in operations for or affecting a railroad: 1.SECTION V -DEFINITIONS, H. "Insured contract", 1.c.is deleted in its entirety and replaced by the following: c.An easement or license agreement; 2.SECTION V -DEFINITIONS, H. "Insured contract",2.a.is deleted. Docusign Envelope ID: 6A9D5D34-5CDF-4B61-99A9-F61CBCEDBF5E Insured Copy Chubb Group of Insurance Companies 436 Walnut Street, Philadelphia, PA 19106 Item 1. Name & Mailing Address of the Insured ECS SOUTHEAST, LLC 14030 THUNDERBOLT PLACE SUITE 500 CHANTILLY, VA 20151 FEIN 20-2806940 INFORMATION PAGE WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY Issued by Bankers Standard Insurance Company a stock insurance company incorporated in PENNSYLVANIA N.C.C.I. Carrier Code 20206 TEL#: # of EMP: Policy Number (25) 7176-41-67 UI#: Insured is: Limited Liability Partnership Name & Address of the Producer Previous Policy Number (24) 7176-41-67 ARTHUR J GALLAGHER RISK MANAGEMENT SERVICES LLC 14026 THUNDERBOLT DRIVE SUITE 200 CHANTILLY 20151 Producer Number 0050141 OTHER WORK PLACES NOT SHOWN ABOVE - SEE ATTACHED EXTENSION OF INFORMATION PAGE Item 2. POLICY PERIOD 12:01 A.M. standard time at the insured's mailing address FROM 12/01/24 TO 12/01/25 Item 3. A. WORKERS COMPENSATION INSURANCE: Part One of the policy applies to the Workers Compensation Law of the states listed here: AL, GA, HI, KY, LA, MS, NC, SC, TN B. EMPLOYERS LIABILITY INSURANCE: Part Two of the policy applies to work in each state listed in Item 3A. The limits of our liability under Part Two are: Bodily Injury by Accident $ 1,000,000 each accident Bodily Injury by Disease $ 1,000,000 policy limit Bodily Injury by Disease $ 1,000,000 each employee C. OTHER STATES INSURANCE: Part Three of the policy applies to the states, if any, listed here: All States, Except states designated in Item 3.A and ND, OH, WA, WY D. Endorsements (Form No.) Refer To Extension of Information Page "List of Endorsements & Schedules" Item 4. The Premium for this policy will be determined by our Manuals of Rules, Classifications, Rates and Rating Plans. All information required below is subject to verification and change by audit. Refer to Extension of Information Page Minimum Premium: $ Total Estimated Premium: Minimum Premium State: MISSISSIPPI Total State Surcharges: Expense Constant: MISSISSIPPI ($250 INCL) Total Estimated Charge: Premium Adjustment Period: AT EXPIRATION Deposit Amount: CHUBB GROUP OF INSURANCE COMPANIES: 1001 G STREET NW SUITE 400 WASHINGTON, DC 20001-1401 Authorized Representative and Date Signed Issue Date: 11/08/24 Form WC 00 00 01A (Rev. 5-88) Includes copyright material of the National Council on Compensation Insurance,used with its permission. Copyright 1987, National Council on Compensation Insurance 11/08/24 Docusign Envelope ID: 6A9D5D34-5CDF-4B61-99A9-F61CBCEDBF5E WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 4-84) WC 00 03 13 (Ed. 4-84) © 1983 National Council on Compensation Insurance. Insured Copy WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS WAIVER. For policies or exposure in Missouri: Any person or organization for which the employer has agreed by written contract, executed prior to loss, may execute a waiver of subrogation. However, for purposes of work performed by the employer in Missouri, this waiver of subrogation does not apply to any construction group of classifications as designated by the waiver of right to recover from others (subrogation) rule in our manual. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 12-01-24 Policy No. 71764167 Endorsement No. Insured ECS SOUTHEAST, LLC Premium $ Incl. Insurance Company Bankers Standard Insurance Company Countersigned By Docusign Envelope ID: 6A9D5D34-5CDF-4B61-99A9-F61CBCEDBF5E