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2025-434-E-AMS-Hoffman Mechanical Solutions-Replace Compressor at Board Of Elections
Revised 01/24 1 [Departmental Use Only] TITLE BOE_Compressor FY 25-26 NORTH CAROLINA SERVICES AGREEMENT NO RFP/RFQ ORANGE COUNTY This Services Agreement (hereinafter “Agreement”), made and entered into this 14th day of July, 2025, (“Effective Date”) by and between Orange County, North Carolina a political subdivision of the State of North Carolina (hereinafter, the "County") and Hoffman Mechanical Solutions, (hereinafter, the "Provider"). WITNESSETH: That the County and Provider, for the consideration herein named, do hereby agree as follows: 1. Services a. Scope of Work. i) This Agreement is for services to be rendered by Provider to County with respect to (insert type of project): HMS will replace the M1C in the Sub ODU of HRU-1, Replace the disconnect for Main ODU of HRU-1. We will recover the whole refrigerant charge from HRU-1 to check for correct level or refrigerant. We will remove failed M1C compressor, install new compressor, Pressure test work, pull vacuum on the sub unit only. When vacuum holds at factory spec for the unit system will be charged with recovered refrigerant. System will be ran and checked for correct operation after the repairs are complete. We will also wash the coils for HRU-1 and HP-1. Services to be performed at Board Of Elections, Please see attached quote dated 07/11/2025. ii) By executing this Agreement, the 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. iii) Time is of the essence with respect to this Agreement. iv) The services to be performed under this Agreement consist of Basic Services, as described and designated in Section 3 hereof. Compensation to the Provider for Basic Services under this Agreement shall be as set forth herein. 2. Responsibilities of the Provider a. Services to be provided. The Provider shall provide the County with all services required in Section 3 to satisfactorily complete the Project within the time limitations set forth herein and in accordance with the highest professional standards. Docusign Envelope ID: 09D4125A-9C2E-46BB-8FA5-45DFCD0A5A01 Revised 01/24 2 b. Standard of Care. i) The Provider shall exercise reasonable care and diligence in performing services under this Agreement in accordance with the highest generally accepted standards of this type of Provider practice throughout the United States and in accordance with applicable federal, state and local laws and regulations applicable to the performance of these services. Provider is solely responsible for the professional quality, accuracy and timely completion and submission of all work related to the Basic Services. ii) Provider shall be responsible for all errors or omissions of its agents, contractors, employees, or assigns 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. iii) The Provider shall not, except as otherwise provided for in this Agreement, subcontract the performance of any work under this Agreement without prior written permission of the County. No permission for subcontracting shall create, between the County and the subcontractor, any contract or any other relationship. iv) Provider is an independent contractor of County. Any and all employees of the Provider engaged by the Provider in the performance of any work or services required of the Provider under this Agreement, shall be considered employees or agents of the Provider only and not of the County, and any and all claims that may or might arise under any workers compensation or other law or contract on behalf of said employees while so engaged shall be the sole obligation and responsibility of the Provider. v) If activities related to the performance of this Agreement require specific licenses, certifications, or related credentials Provider represents that it or its employees, agents and subcontractors engaged in such activities possess such licenses, certifications, or credentials and that such licenses certifications, or credentials are current, active, and not in a state of suspension or revocation. vi) 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, or addenda. vii) Should this Agreement involve project designs, the construction or creation of which is to be bid out or fulfilled by other contractors, and bidding or negotiation with contractors produce prices which, when added to the other elements of the approved total project cost, produce a cost that is in excess of the approved total project cost, the Provider shall participate with the County in negotiation and design adjustments to the extent such are necessary to obtain prices within the approved total project cost. All activity of the Provider with respect to these matters shall constitute Basic Services and shall be performed by the Provider without additional compensation. If negotiation and design adjustments fail to bring costs within the total project cost the County may reject all bids and Provider will redesign or reduce portions of the project in an effort to reduce the Docusign Envelope ID: 09D4125A-9C2E-46BB-8FA5-45DFCD0A5A01 Revised 01/24 3 bid prices to within the total project cost and rebid the project. One such redesign is included within Basic Services. If this second letting for bids does not produce bids that are within the approved total project cost initially or after negotiations with the contractor the cost is not reduced to an amount within the total project cost, the Provider is not obligated to engage in further redesign. 3. Basic Services a. Basic Services. The Services to be rendered pursuant to this Agreement are as follows (fully describe services to be provided): Remove failed compressor and install new one at Board Of Elections. See attached quote dated 07/11/2025. 4. Duration of Services a. Term. The term of this Agreement shall be from 07/14/2025 to 10/14/2025. b. Scheduling of Services. i) The Provider shall schedule and perform its activities in a timely manner. ii) Should the County determine that the Provider is behind schedule, it may require the Provider to expedite and accelerate its efforts, including providing additional resources and working overtime, as necessary, to perform its services in accordance with the approved project schedule at no additional cost to the County. iii) The Commencement Date for the Provider's Basic Services shall be 07/14/2025. 5. Compensation a. Compensation for Basic Services. Compensation for Basic Services shall include all compensation due the Provider from the County for all services satisfactorily (as determined by the County) performed pursuant to this Agreement. The maximum amount payable for Basic Services shall not exceed Six Thousand Two Hundred Sixty Seven Dollars ($6267.00). Payment for satisfactorily performed Basic Services shall become due and payable within thirty (30) days of Provider properly invoicing County. Payment shall be subject to provisions of Section 5(b). b. Disputes. In the event the amount stated on an invoice is disputed by the County, the County may withhold payment of all or a portion of the amount stated on an invoice until the parties resolve the dispute. 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. c. Additional Services. County shall not be responsible for costs related to any services in addition to the Basic Services performed by Provider unless County requests such additional services in writing and such additional services are evidenced by a written amendment to this Agreement. 6. Responsibilities of the County Docusign Envelope ID: 09D4125A-9C2E-46BB-8FA5-45DFCD0A5A01 Revised 01/24 4 a. Cooperation and Coordination. The County has designated (Lucas Mincey) to act as the County's representative with respect to the Project who shall have the authority to render decisions within guidelines established by the County Manager or the County Board of Commissioners and who shall be available during working hours as often as may be reasonably required to render decisions and to furnish information. 7. Insurance a. General Requirements. Provider shall obtain, at its sole expense, Commercial General Liability Insurance, Automobile Insurance, Workers’ Compensation Insurance, and any additional insurance as may be required by County’s Risk Manager as such insurance requirements are described in the Orange County Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at http://www.orangecountync.gov/departments/purchasing_division/contracts.php). If County’s Risk Manager determines additional insurance coverage is required such additional insurance shall consist of 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. 8. Indemnity a. Indemnity. To the extent authorized by North Carolina law the Provider agrees, without limitation, to defend, indemnify and hold harmless the County from all loss, liability, claims or expense, including attorney's fees, arising out of or related to the Project and arising from property damage or bodily injury including death to any person or persons caused in whole or in part by the negligence or misconduct of the Provider except to the extent same are caused by the negligence or willful misconduct of the County. It is the intent of this provision to require the Provider to indemnify the County to the fullest extent permitted under North Carolina law. 9. Amendments to the Agreement a. Changes in Basic Services. Changes in the Basic Services and entitlement to additional compensation or a change in duration of this Agreement shall be made by a written Amendment to this Agreement executed by the County and the Provider. The Provider shall proceed to perform the Services required by the Amendment only after receiving a fully executed Amendment from the County. 10. Termination a. Termination for Convenience of the County. This Agreement may be terminated without cause by the County and for its convenience upon seven (7) days’ prior written notice to the Provider. b. Other Termination. The Provider may terminate this Agreement based upon the County's material breach of this Agreement; provided, the County has not taken all reasonable actions to remedy the breach. The Provider shall give the County seven (7) days' prior Docusign Envelope ID: 09D4125A-9C2E-46BB-8FA5-45DFCD0A5A01 Revised 01/24 5 written notice of its intent to terminate this Agreement for cause. Either party may terminate this Agreement upon notice to the other party that obligations pursuant to this Agreement are made impractical due to declarations of emergency by Orange County or by North Carolina due to events directly impacting Orange County. Both parties shall remain responsible for all payment and performance due up to the receipt of such notice, but shall have no further obligation or responsibility beyond that date provided the terminating party has taken all reasonable steps to complete the performance of its obligations. c. Compensation After Termination. i) In the event of termination, the Provider shall be paid that portion of the fees and expenses that it has earned to the date of termination, less any costs or expenses incurred or anticipated to be incurred by the County due to errors or omissions of the Provider. Upon request of the County, the Provider shall submit to County all relevant documentation, including but not limited to, job cost records, to support its claims for final compensation. ii) Should this Agreement be terminated, the Provider shall deliver to the County within seven (7) days, at no additional cost, all deliverables including any electronic data or files relating to the Project. d. Waiver. The payment of any sums by the County under this Agreement or the failure of the County to require compliance by the Provider with any provisions of this Agreement or the waiver by the County of any breach of this Agreement shall not constitute a waiver of any claim for damages by the County for any breach of this Agreement or a waiver of any other required compliance with this Agreement. e. Suspension. County may suspend the Basic Services and this Agreement at any time for County’s convenience and without penalty to County upon three (3) days’ notice to Provider. Upon any suspension by County, Provider shall discontinue work on the Basic Services and shall not resume the Basic Services until notified to proceed by County. 11. Additional Provisions a. Limitation and Assignment. The County and the Provider each bind themselves, their successors, assigns and legal representatives to the terms of this Agreement. Neither the County nor the Provider shall assign or transfer its interest in this Agreement without the written consent of the other. 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. b. Governing Law. This Agreement and the duties, responsibilities, obligations and rights of respective parties hereunder shall be governed by the laws of the State of North Carolina. By executing this Agreement Provider affirms that Provider and any subcontractors of Provider are and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any Docusign Envelope ID: 09D4125A-9C2E-46BB-8FA5-45DFCD0A5A01 Revised 01/24 6 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. c. Non-Discrimination. 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 non-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 the Orange County Non-Discrimination Policy 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. d. Dispute Resolution. Any and all suits or actions to enforce, interpret or seek damages with respect to any provision of, or the performance or non-performance of, this Agreement shall be brought in the General Court of Justice of North Carolina sitting in Orange County, North Carolina. It is agreed by the parties that no other court shall have jurisdiction or venue with respect to such suits or actions. Binding arbitration may not be initiated by either Party, however, the Parties may agree to nonbinding mediation of any dispute prior to the bringing of such suit or action. e. Entire Agreement. This Agreement represents the entire and integrated agreement between the County and the Provider and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both parties. Modifications may be evidenced by facsimile signatures. f. Severability. If any provision of this Agreement is held as a matter of law to be unenforceable, the remainder of this Agreement shall be valid and binding upon the Parties. g. Ownership of Work Product. Should Provider’s performance of this Agreement generate documents, items or things that are specific to this Project such documents, items or things shall become the property of the County and may be used on any other project without additional compensation to the Provider. The use of the documents, items or things by the County or by any person or entity for any purpose other than the Project as set forth in this Agreement shall be at the full risk of the County. h. 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. It is expressly agreed that County Docusign Envelope ID: 09D4125A-9C2E-46BB-8FA5-45DFCD0A5A01 Revised 01/24 7 shall not activate this non-appropriation provision for its convenience or to circumvent the requirements of this Agreement. In the event of a change in the County’s statutory authority, mandate or mandated functions, by state or federal legislative or regulatory action, which adversely affects County’s authority to continue its obligations under this Agreement, then this Agreement shall automatically terminate without penalty to County upon written notice to Provider of such limitation or change in County’s legal authority. i. Signatures. 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. j. Notices. Any notice required by this Agreement shall be in writing and delivered by certified or registered mail, return receipt requested to the following: Orange County Provider’s Name Attention:Travis Myren Hoffman Mech Solutions P.O. Box 8181 PO Box 77319 Hillsborough, NC 27278 Greensboro, NC 27417 [SIGNATURE PAGE TO FOLLOW] Docusign Envelope ID: 09D4125A-9C2E-46BB-8FA5-45DFCD0A5A01 Revised 01/24 8 IN WITNESS WHEREOF, the Parties, by and through their authorized agents, have hereunder set their hands and seal, all as of the day and year first above written. ORANGE COUNTY: PROVIDER: By: _________________________________ Travis Myren By: __________________________________ Dan Epperson Printed Name and Title Docusign Envelope ID: 09D4125A-9C2E-46BB-8FA5-45DFCD0A5A01 7/14/20257/17/2025 Revised 01/24 9 ORANGE COUNTY—INTERNAL USE ONLY ______________________________________________________________________________ Finance Information Vendor Name: Hoffman Mechanical Solutions Vendor Contact Person: Dan Epperson Phone: 336-516-2157 Address: 104 Vantage Point Drive City Cayce State: NC Zip: 2765 Department: AMS Amount: $6267.00 Purpose: Replace Compressor at Board Of Elections Budget Code(s): 10240020-630000-95101 Vendor # 65278 Vendor Status with NCSOS: Vendor is a BOCC consultant: Yes No Contract Details Contract Type: New Amendment (Original Contract: ) (Most Recent Amendment ) Effective Date 07/14/2025 End Date 10/14/2025 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: ) 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: Office of the Clerk to the Board __________________________________________Date:________ Docusign Envelope ID: 09D4125A-9C2E-46BB-8FA5-45DFCD0A5A01 7/14/2025 7/16/2025 7/17/2025 7/17/2025 Date: Quote #: Model #: Serial #: Lucas Mincey REYQ72TATJUEquipment Tag: Scope of work to be performed: 1808031742 QUOTE Customer: AL Mech Contractor #22137, GA Mech Contractor #CN211360, NC Mech Lic #28275, SC Mech Contractor #M113953, SC Gen Contractor #G120314, TN Mech License #71199, VA Contractor License #2705164248 North Carolina taxes are excluded in price and will be added to invoice. Quote Contact: Site Name: Orange County Asset Management 7/11/2025 208 S Cameron St, Hillsborough, NC 27278 ORANGE CNTY BRD ELEC Site Address: 24 Hour Service 855-761-HVAC(4822) Fax 855-327-4830 P.O. Box 77319 Greensboro, NC 27417 Q-62-071125-01 HRU-1 HMS will replace the M1C in the Sub ODU of HRU-1, Replace the disconnect for Main ODU of HRU-1. We will recover the whole refrigerant charge from HRU-1 to check for correct level or refrigerant. We will remove failed M1C compressor, install new compressor, Pressure test work, pull vacuum on the sub unit only. When vacuum holds at factory spec for the unit system will be charged with recovered refrigerant. System will be ran and checked for correct operation after the repairs are complete. We will also wash the coils for HRU-1 and HP-1. Manufacturer: 6,266.30$ All applicable NC taxes are excluded in price and will be added at time of invoice. Daikin The Hoffman Mechanical Solutions, Inc. price for this work is: Exclusions: All work to be completed during normal working hours 8am to 5pm, Monday through Friday. Parts or labor not outlined in the scope above. No temporary heating or cooling. All shutoffs and disconnects are presumed to be operational. E-mail signed quote and purchase order documents to Service@Hoffmech.com. Include quote number. Page 1 of 3 Docusign Envelope ID: 09D4125A-9C2E-46BB-8FA5-45DFCD0A5A01 Date: Quote #: Model #: Serial #: QUOTE P.O. Box 77319 Greensboro, NC 27417 24 Hour Service 855-761-HVAC(4822) Fax 855-327-4830 Quote Contact: The Hoffman Mechanical Solutions, Inc. price for this work is: 208 S Cameron St, Hillsborough, NC 27278 7/11/2025 Site Name:ORANGE CNTY BRD ELEC Q-62-071125-01 Daikin 1808031742 Site Address: 6,266.30$ Customer:Orange County Asset Management Lucas Mincey Equipment Tag:HRU-1 Authorized By: Customer P.O. Date: Quote Prepared By:Matthew Medlin REYQ72TATJU Manufacturer: All applicable NC taxes are excluded in price and will be added at time of invoice. AL Mech Contractor #22137, GA Mech Contractor #CN211360, NC Mech Lic #28275, SC Mech Contractor #M113953, SC Gen Contractor #G120314, TN Mech License #71199, VA Contractor License #2705164248 Proposal expires if not accepted by Customer within thirty (30) days from the date of the proposal. Prices are at all times subject to escalation. Hoffman Mechanical Solutions, Inc.'s normal working hours are from 8am to 5pm, Monday through Friday. Any work requested to be performed after normal working hours are subject to additional costs. On-site safety training and drug testing are not included in quote unless noted. Parts only quotes do not include taxes or freight unless noted. They will be added to the invoice. Payment terms shall be net 30 days. An additional 3.0% convenience fee will be added to the total amount due for any payments received via credit card. As a condition of this Proposal, all work performed by Hoffman Mechanical Solutions, Inc. shall be only in accordance with the Terms and Conditions, attached and incorporated herein by reference. In the event any terms of any other purchase order or project contract documents conflict with or add to the attached Terms and Conditions, those other terms are rejected by Hoffman Mechanical Solutions, Inc. Furthermore, this Proposal is contingent upon final approval of the Hoffman Credit Department and may be rescinded in the Company’s sole discretion. For North Carolina Only – See NCDOR Form E-589CI for Capital Improvements. Form must be submitted prior to approved proposal. Failure to do so may result in additional charges. E-mail signed quote and purchase order documents to Service@Hoffmech.com. Include quote number. Page 2 of 3 Docusign Envelope ID: 09D4125A-9C2E-46BB-8FA5-45DFCD0A5A01 TERMS AND CONDITIONS “Hoffman” shall mean Hoffman Mechanical Solutions, Inc. and its officers, employees and agents. “Customer” shall mean the person or entity entering into this Agreement to purchase services and/or goods. 1. Controlling Terms & Conditions: This Agreement, upon Customer’s acceptance, is limited to the terms and conditions stated herein, despite any additional or conflicting terms and conditions contained in any purchase order, any other document presented by Customer, or any contract document between Customer and any third-party (i.e., owner, other contractor, etc.), all of which additional or conflicting terms are hereby rejected by Hoffman. No waiver of, or modification to, these Terms and Conditions shall be valid unless made in writing and signed by an authorized representative of Hoffman. Hoffman salespeople are not authorized to waive or modify any Terms and Conditions. The terms of any written proposal / quote made by Hoffman (“proposal”) and these Terms and Conditions shall constitute the entire agreement of the parties. 2. Acceptance: Any Hoffman proposal expires if not accepted by Customer within thirty (30) days from the date of the proposal. Prices are at all times subject to escalation due to increased costs. Cost increases may result from, but are not limited to, tariffs, taxes, manufacturer/subcontractor price increases, government regulations, etc. Typographical and clerical errors in quotations, orders and acknowledgments are subject to correction. Customer is deemed to have accepted any Hoffman proposal, including these Terms and Conditions, when Customer either (a) receives and retains an acknowledgement from Hoffman without written objection within ten (10) days, (b) accepts delivery of all or any part of the goods ordered, (c) provides to Hoffman delivery dates, shipping instructions, or other instructions evidencing acceptance, or (d) otherwise executes or assents to any proposal or these Terms and Conditions. Customer’s acceptance shall be deemed acceptance of the proposal subject solely to Hoffman’s terms and conditions. If Customer’s acceptance is expressly conditioned upon Hoffman’s acceptance or assent to terms and/or conditions other than those stated herein, return or acknowledgment of such order by Hoffman with Hoffman’s Terms and Conditions attached or referenced serves as Hoffman’s notice of objection to, and rejection of, Customer’s terms and as Hoffman’s counteroffer to provide goods or services in accordance with the Hoffman proposal and Hoffman’s Terms and Conditions. If thereafter Customer does not object to Hoffman within ten (10) days by written notice to Legal@hoffman-hoffman.com, Hoffman’s counteroffer will be deemed accepted by Customer. Customer’s acceptance of all or any part of any goods ordered will constitute Customer’s acceptance of Hoffman’s proposal subject to Hoffman’s Terms and Conditions. 3. Additional Services / Materials: As work progresses, there may be a need for additional services or goods, which could not be anticipated at the time this Agreement was entered. Hoffman shall notify Customer of the description and price for such additional work or material. If Customer authorizes Hoffman to proceed with the additional work or materials, the contract price and dates of completion shall be mutually agreed upon and adjusted accordingly, or Hoffman shall not be responsible for the extra work. Once submittals are approved by Customer, Customer shall reimburse Hoffman for all expenses resulting from changes thereto. 4. Terms of Payment / Taxes: Payment is due net thirty (30) days from the date of each Hoffman invoice to Customer. Interest at the rate of 1 1/2% per month (or the highest interest rate allowed by applicable law, if lower) may be charged after the 30-day period until payment is received. Hoffman accepts credit card payments. If Customer chooses to pay by credit card, Customer is subject to an additional convenience fee of 3.0% of the total amount paid by credit card. Customer shall pay all costs of collection incurred by Hoffman including, but not limited to, reasonable attorneys’ fees, collection fees and court costs. Hoffman may suspend all further services and transactions (regardless of their status) without liability if Customer’s account is more than thirty (30) days past due or if Customer’s credit, in the sole judgment of Hoffman, is impaired at any time. Partial invoices may be submitted for any portion of completed work and/or delivered materials. While risk of loss passes to Customer, Hoffman will have a purchase-money security interest in all goods (including any accessories and substitutions) purchased under this Agreement to secure payment in full of all amounts due Hoffman, and the underlying proposal, together with these Terms and Conditions, form a security agreement (as defined by the UCC). The purchase-money security interest granted herein attaches upon Hoffman’s acceptance or acknowledgment of this Agreement and Customer’s receipt of said goods, but prior to installation. Customer will have no rights to set off against any amounts which become payable to Hoffman under this Agreement or otherwise. Customer is responsible to pay in full for the services and/or goods provided by Hoffman regardless of whether such goods or services are funded for Customer pursuant to any extraneous contract and/or by an applicable project owner or contractor. Notwithstanding any Customer form or document to the contrary, Hoffman shall not release any rights to make a lien and/or bond claim, or other claim for damages, in connection with its work or anticipated work (including the sale of goods and/or services) until Hoffman has obtained payment in full for such work and any damages. Any requirement for Hoffman to obtain lien waivers from subcontractors or suppliers shall not apply to those subcontractors and suppliers whose total scope of work under Hoffman on the project is less than $10,000. Unless otherwise agreed by Hoffman in writing, Customer shall pay to Hoffman, in addition to the contract price, all sales, use, excise, privilege or other taxes imposed by any local, state or federal taxing authority payable in connection with the services and/or goods furnished hereunder. 5. Shipments / Claims: All shipments of goods are at Customer’s risk, f.o.b. factory, or if shipped from another location, f.o.b. point of shipment, with charges either allowed, added to invoice, or collected as noted. Any claims for damage or shortage or loss in transit must be filed by Customer against the applicable carrier. 6. Warranties: Upon condition that Hoffman receives payment in full for all amounts owed, under this Agreement, and unless otherwise specifically agreed to in writing by Hoffman, Hoffman (a) extends to Customer the manufacturer’s warranty (a copy of which is available upon request) on any goods purchased, and said manufacturer’s warranty is in lieu of any warranties contained in any applicable project contracts, conditions, plans, or specifications, and (b) warrants that the labor it provides will be performed in a workmanlike manner in accordance with industry standards. No claim for defective workmanship under this warranty may be brought unless Customer provides Hoffman with written notice of such defect within ninety (90) days from the date such services are performed. HOFFMAN MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF DESIGN, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 7. Limitation of Remedy and Liability: To the extent Hoffman is liable to Customer under any legal theory, HOFFMAN’S MAXIMUM LIABILITY (HOWEVER ARISING) SHALL NOT EXCEED ONE HALF (.5) TIMES THE AMOUNT ACTUALLY PAID HOFFMAN UNDER THIS AGREEMENT FOR ANY GOODS AND/OR SERVICES WHICH ARE THE CAUSE OF ANY LOSS OR DAMAGE TO CUSTOMER. HOFFMAN SHALL HAVE NO LIABILITY TO CUSTOMER OR TO ANY THIRD PARTY FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR LIQUIDATED DAMAGES OR LOSSES, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, INCOME, PROFIT OR PRODUCTION, LOST DATA, SPOILAGE, DELAY, OR INCREASED COST OF OPERATION. SAID EXCLUSIONS APPLY EVEN IF HOFFMAN HAS BEEN ADVISED OF SUCH POSSIBLE DAMAGES OR IF SUCH POSSIBLE DAMAGES WERE REASONABLY FORESEEABLE. In addition to the foregoing, Hoffman’s liability shall be further limited to only that proportion of the loss or damage suffered by Customer, which is directly caused by, and the fault of, Hoffman. Hoffman shall have no responsibility for misuse of any system or goods by the Customer or third parties, for the negligence of Customer or third parties, for the design of the system, or for obsolescence, failure of, or damage to equipment caused by power interruptions, low voltage, burned out fuses, single phasing, phase reversal, low water pressure, vandalism or other deficiencies or causes beyond Hoffman’s control. Customer acknowledges that Hoffman is not responsible for the design of goods or services purchased and did not participate in any project planning or design in connection with such goods or services. Under no event shall Hoffman owe any duty or have any obligation whatsoever to any customer or client of Customer or to any other third party. 8. Indemnification / Insurance: To the fullest extent permitted by law, Customer shall indemnify, hold harmless and defend Hoffman and its officers, employees and agents from and against all claims, demands, liabilities, suits, judgments, awards, or expenses of any kind (including reasonable attorneys’ fees and costs incurred defending such claims or demands, regardless of whether they result in legal action or are prosecuted to final judgment or award), which result or arise from Customer’s purchase, installation, or use of goods or services provided by Hoffman. To the fullest extent permitted by law, the obligations of defense and indemnification set forth herein shall be binding upon Customer no matter what the nature of the claim asserted may be (whether it be for negligence, warranty, strict liability, or otherwise) and shall be binding even if Hoffman is alleged or proven to have acted negligently; provided, however, that Customer shall have no obligation to provide indemnification to Hoffman if the claim asserted arises in negligence and is finally adjudicated to have arisen solely from the negligence of Hoffman. Customer shall also indemnify and hold harmless Hoffman from all liability for taxes owing in connection with Customer’s purchase of goods or services. The obligations and rights to indemnity herein shall not negate, abridge or reduce other such rights or obligations under law. This Agreement does not require Customer to indemnify Hoffman for Hoffman’s own negligent or intentional acts or omissions to the extent that doing so would violate applicable law. Customer and Hoffman jointly authorize and request any court or arbitrator considering the enforceability of this paragraph to re-write this paragraph so that it requires Customer to defend, indemnify, and hold Hoffman harmless to the fullest extent permitted by applicable law. Upon written request of Customer, Hoffman shall name Customer as an additional insured, but only to only the coverage types listed on Hoffman’s standard Certificate of Insurance (available upon request). In no event does Hoffman waive any rights of subrogation. 9. Claims Resolution / Governing Law: Unless Hoffman elects otherwise, all claims and disputes between Customer and Hoffman arising out of or relating to performance of any agreement or breach thereof must be decided by binding arbitration in accordance with the Construction Industry Arbitration rules of the American Arbitration Association (AAA). Demand for Arbitration must be filed in the regional office of the AAA closest to Greensboro, North Carolina, and the filing party must serve such Notice upon the other party in accordance with AAA rules. The procedural and substantive law of the State of North Carolina must apply in and to all arbitration proceedings, and Greensboro, North Carolina, is designated as the sole and exclusive venue for such proceedings. Any award arising from such proceedings shall be final and binding upon the parties and enforceable in accordance with the Federal Arbitration Act. Hoffman and Customer agree that their transactions involve interstate commerce. This Agreement shall be governed by and construed solely in accordance with the laws of the State of North Carolina, without regard to principles of conflicts of laws. Hoffman shall have the sole and exclusive right, at Hoffman’s sole and absolute discretion, to waive the arbitration provision and to elect to litigate any claim or dispute in a court of appropriate jurisdiction. Unless Hoffman elects another court of appropriate jurisdiction in Hoffman’s sole and absolute discretion, the state courts located in Greensboro, Guilford County, North Carolina, shall be the sole and exclusive forum for any litigation between Hoffman and Customer. Customer consents to the jurisdiction of the state and federal courts located in Greensboro, Guilford County, North Carolina. 10. Delays / Penalties / Force Majeure: Delivery dates are approximate and not guaranteed. In no event and under no circumstances whatsoever, will Hoffman be liable for any damages or expenses caused by any failure or delay in making delivery of goods or in performing services hereunder. No penalty clause or liquidated damages of any kind (for delays or otherwise) apply to Hoffman unless pre-approved in writing by a Hoffman officer. Furthermore, in no event and under no circumstances whatsoever, will Hoffman be liable under this Agreement for any event of force majeure, including but not limited to, acts of God, riot, war, terrorism, inclement weather, labor strikes, material shortages, pandemic, and other causes beyond Hoffman’s reasonable control. 11. Customer Responsibility: Customer shall provide Hoffman’s personnel with a safe work environment in which to perform their services under this Agreement and provide Hoffman personnel with required utilities (water, electricity, compressed air, etc.) and reasonable access to Customer’s facilities (elevators, receiving dock, etc.). Customer shall provide adequate service access space and shall remove any stock, fixtures, partitions, etc. necessary to perform the service. Customer shall promptly notify Hoffman of any unusual operating conditions. 12. Hoffman Employees: Customer acknowledges Hoffman’s employees are a valuable asset to Hoffman, and Hoffman has invested significant time and expense in their training, including without limitation, training applicable to the work being performed for Customer. During the term of this Agreement and for twelve months thereafter, in the event Customer hires any employee of Hoffman who has worked on a Customer project, Customer agrees to pay Hoffman a fee equal to twelve months of hired employee’s salary. 13. Hazards: Hoffman is not responsible for the identification, detection, abatement, encapsulation or removal of hazardous substances, such as (without limitation) asbestos, products or materials containing asbestos, mold, fungi, mildew, or bacteria. In the event Hoffman encounters any such hazardous substance or condition in the course of its actions under this Agreement, Hoffman may suspend its work and remove its employees from the subject project, until any such hazardous substance or condition no longer exists. Hoffman shall receive an extension of time to complete its work and additional compensation for delays encountered as a result of any such situation. At all times now and in the future, Hoffman takes no responsibility for and makes no representations or warranties concerning any existing or future hazardous substance or condition (i.e., mold) or the remedy or prevention thereof. Furthermore, Customer has a duty to alert Hoffman of any known or likely potential hazards at any project site where Hoffman’s representatives and affiliates may be present in connection with this Agreement. 14. Refrigerant: Customer shall be responsible for any expense in connection with the modification, removal, replacement or disposal of any refrigerant, as required by law. 15. Termination: Hoffman may terminate any of its obligations under this Agreement, if Customer fails to pay amounts owing to Hoffman when due, fails to perform or comply with any material provision of this Agreement, or otherwise breaches this Agreement, if such failure or breach is not cured within ten (10) business days after receipt of written notice from Hoffman. Upon termination by either Party, Customer shall be liable to Hoffman for all goods (including any goods specially ordered, but not delivered) and services provided and all damages and losses sustained by Hoffman, including lost profits. 16. Equal Employment Opportunity: Hoffman is an Equal Employment Opportunity employer. Hoffman does not discriminate against its employees or applicants in the terms and conditions of employment on the basis of race, color, national origin, religion, sex, sexual orientation, gender identity, age, disability, genetic information, veteran status or any other basis prohibited by law. 17. Government Contracts: If Customer’s purchase of goods or services is in any way connected to any federal, state, or local government project, which implicates or utilizes any Small, Minority or Disadvantaged Business incentives or qualifications (or other similar laws or regulations), Customer represents and certifies that Customer is performing a commercially useful function on such project. Hoffman assumes no responsibility for the compliance of any quoted or sold materials or equipment with any government specifications or requirements, including, but not limited to, Federal Acquisition Regulation (FAR) requirements, unless such is specifically stated in Hoffman’s written proposal. 18. Trust Funds: Customer agrees that all funds Customer receives that result from the labor, materials, and/or equipment furnished by Hoffman will be considered “Trust Funds.” Customer will hold all Trust Funds in trust for the sole and exclusive benefit of Hoffman. Customer will segregate Trust Funds from other funds. Customer will account for all Trust Funds and deliver all Trust Funds to Hoffman. Customer will not use Trust Funds for any purpose other than paying Hoffman. 19. Survival: The terms contained herein which explicitly or by their nature are intended to survive the earlier termination or expiration of this Agreement shall survive, including, but not limited to, all indemnity obligations. E-mail signed quote and purchase order documents to Service@Hoffmech.com. Include quote number. Page 3 of 3 Docusign Envelope ID: 09D4125A-9C2E-46BB-8FA5-45DFCD0A5A01 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 3/28/2025 MP Specialty Insurance PO Box 4119 West Columbia SC 29171 Grayson Posey 803-936-1601 803-936-1366 gposey@mpspecialty.com NATIONAL UNION FIRE INS CO OF PITTS 19445 HOFF&HO-01 Travelers Property and Casualty Co.of America 25674Hoffman&Hoffman Inc. See Attached ACORD for Additional Named Insureds 3816 Patterson Street Greensboro NC 27407 New Hampshire Insurance Company 23841 683068401 A X 2,000,000 X 500,000 25,000 2,000,000 4,000,000 X Y Y GL 5268210 4/1/2025 4/1/2026 4,000,000 A 2,000,000 X Y Y CA 4489703 4/1/2025 4/1/2026 B X X 10,000,000YCUP-9S633893-25-NF 4/1/2025Y 4/1/2026 10,000,000 X 10,000 C X N Y WC 072113372 4/1/2025 4/1/2026 2,000,000 2,000,000 2,000,000 All Projects/Contracted Work Orange County,its officers,official agents and employees,owners and others required by contract are Additional Insureds if required by contract:Blanket General Liability Additional Insured -Owners,Lessees or Contractors -Schedule Person or Organization -CG2010 (12/19);Blanket Additional Insured - Owners,Lessees or Contractors -Completed Operations -CG 2037 (12/19);Blanket Primary and Noncontributory -Other Insurance Condition CG2001 (12/19);Blanket Amendment of Limits of Insurance -Per Project Aggregate Limit -86681 (09/04);Blanket Waiver of Transfer of Rights of Recovery Against Others to Us Commercial General Liability Coverage Part,Products/Completed Operations Liability Coverage Part -CG2404 (12/19);Blanket Limited Advice of General Liability Cancellation Provided via E-Mail to Entities Other Than the First Named Insured -30 Days -107414 (03/11);Blanket Additional Insured - See Attached... Orange County 300 West Tryon Street P.O.Box 8181 Hillsborough NC 27278 Docusign Envelope ID: 09D4125A-9C2E-46BB-8FA5-45DFCD0A5A01 ACORD 101 (2008/01) The ACORD name and logo are registered marks of ACORD © 2008 ACORD CORPORATION. All rights reserved. THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER:FORM TITLE: ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE Page of AGENCY CUSTOMER ID: LOC #: AGENCY CARRIER NAIC CODE POLICY NUMBER NAMED INSURED EFFECTIVE DATE: HOFF&HO-01 1 1 MP Specialty Insurance Hoffman &Hoffman Inc. See Attached ACORD for Additional Named Insureds 3816 Patterson Street Greensboro NC 27407 25 CERTIFICATE OF LIABILITY INSURANCE Where Required Under Contract or Agreement -87950 (09/14);Blanket -Insurance Primary as to Certain Additional Insureds -74445 (10/99);Blanket Waiver of Transfer of Rights of Recovery Against Others to Us -Business Auto Coverage Form -62897 (06/95);Blanket Limited Advice of Business Auto Cancellation Provided via E-Mail To Entities Other Than The First Name Insured -107414 (03/11);Blanket Workers Compensation Waiver of Our Right To Recover From Others Endorsement -WC000313 (04/84);Blanket Limited Advice Cancellation Provided via E-Mail To Entities Other Than The Named Insured (Workers Compensation Only)WC990056 (04/11);Excess Follow-Form and Umbrella Liability Additional Insured -EU0001 (07/16)Pg 4 of 23;Coverage is Primary & Non-Contributory -EU0001 (07/16)Pg 15 of 23;Waiver or Transfer of Subrogation -EU0001 (07/16)Pg 16 of 23;Aggregated Limit Applies on a Per Project Basis -EU0113 (07/16);Blanket Designated Entity -(30)Day Notice of Cancellation Provided by Us -ILT405 (05/19). Docusign Envelope ID: 09D4125A-9C2E-46BB-8FA5-45DFCD0A5A01 Hoffman Custom Solutions, LLC Hoffman Hydronics, LLC Hoffman Building Technologies, Inc. Hoffman Mechanical Solutions, Inc. Hoffman Parts & Warehouse, LLC Limited Liability Company, Additional Named Insured Limited Liability Company, Additional Named Insured Corporation, Additional Named Insured Corporation, Additional Named Insured Limited Liability Company, Additional Named Insured Additional Named Insureds Other Named Insureds OFAPPINF (02/2007)COPYRIGHT 2007, AMS SERVICES INC Borie Davis, Inc.Corporation, Additional Named Insured Docusign Envelope ID: 09D4125A-9C2E-46BB-8FA5-45DFCD0A5A01 ĞƌƚŝĨŝĐĂƚĞŽĨ>ŝĂďŝůŝƚLJ/ŶƐƵƌĂŶĐĞ ĞůŝǀĞƌLJDĞŵŽ ƚƚĂĐŚĞĚ ŝƐ ƚŚĞ ĐĞƌƚŝĨŝĐĂƚĞŽĨŝŶƐƵƌĂŶĐĞ ƌĞƋƵĞƐƚĞĚ ǁŝƚŚ ĂƉƉůŝĐĂďůĞ ƉŽůŝĐLJĐŽǀĞƌĂŐĞĨŽƌŵƐĂŶĚ ĞŶĚŽƌƐĞŵĞŶƚƐ͘ WůĞĂƐĞ ůĞƚ ƵƐ ŬŶŽǁ ŝĨƚŚĞƌĞĂƌĞ ĂĚĚŝƚŝŽŶĂů ƌĞƋƵŝƌĞŵĞŶƚƐĨŽƌƚŚŝƐĐĞƌƚŝĨŝĐĂƚĞ͕ĂŶĚ ǁĞΖůů ŐĞƚ ĂŶ ƵƉĚĂƚĞƚŽ LJŽƵ ĂƐ ƋƵŝĐŬůLJĂƐ ƉŽƐƐŝďůĞ͘ Note for risks, properties, or operations in the state of Georgia, the "Description of Operations Box", located at the bottom of the ACORD 25- Certificate of Liability Insurance, may NOT be used to insert verbiage that summarizes policy language, contractual requirements, certificate holder requirements, or coverage sections of the certificate. Pursuant to Georgia Insurance Code § 120-2-103-.07, the Description of Operations Box on the Acord 25-Certificate of Liability Insurance, may be used to reference the job/project number and job/project description. Policy provisions may be referenced by listing the forms' exact titles, form numbers and edition dates. Listed forms are subject to applicable policy terms, conditions and exclusions. For more information on the Georgia Office of Insurance and Fire Safety Commissioner's regulation please visit: http://rules.sos.ga.gov/ ĞƐƚ ƌĞŐĂƌĚƐ͕ 'ƌĂLJƐŽŶWŽƐĞLJ ŽŵŵĞƌĐŝĂůĐĐŽƵŶƚDĂŶĂŐĞƌ ŐƉŽƐĞLJΛŵƉƐƉĞĐŝĂůƚLJ͘ĐŽŵ ϭϭϳϵ^ƵŶƐĞƚůǀĚ͘tĞƐƚŽůƵŵďŝĂ͕^ϮϵϭϲϵͬWK ŽdžϰϭϭϵtĞƐƚŽůƵŵďŝĂ͕^Ϯϵϭϳϭ WŚŽŶĞ͗ϴϬϯͲϵϯϲͲϭϲϬϭͬ&Ădž͗ ϴϬϯͲϵϯϲͲϭϯϲϲͬϭͲϴϳϳͲϮϵϯͲϭϴϱϯ Docusign Envelope ID: 09D4125A-9C2E-46BB-8FA5-45DFCD0A5A01 Docusign Envelope ID: 09D4125A-9C2E-46BB-8FA5-45DFCD0A5A01 Docusign Envelope ID: 09D4125A-9C2E-46BB-8FA5-45DFCD0A5A01 Docusign Envelope ID: 09D4125A-9C2E-46BB-8FA5-45DFCD0A5A01 GL 5268210 Docusign Envelope ID: 09D4125A-9C2E-46BB-8FA5-45DFCD0A5A01 GL 5268210 Docusign Envelope ID: 09D4125A-9C2E-46BB-8FA5-45DFCD0A5A01 04/01/202004/01/2025 Hoffman & Hoffman, Inc. Docusign Envelope ID: 09D4125A-9C2E-46BB-8FA5-45DFCD0A5A01 forms a part of policy ENDORSEMENT This endorsement, effective 12:01 A.M. No. CA 448-97-03 issued to Hoffman & Hoffman Inc. by National Union Fire Insurance Company of Pittsburgh, PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - WHERE REQUIRED UNDER CONTRACT OR AGREEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SCHEDULE ADDITIONAL INSURED: ANY PERSON OR ORGANIZATION TO WHOM YOU ARE CONTRACTUALLY BOUND TO PROVIDE ADDITIONAL INSURED STATUS. BUT ONLY TO THE EXTENT AS SUCH PERSON'S OR ORGANIZATIONS LIABILITY ARISING OUT OF USE OF A COVERED AUTO. I.SECTION II - COVERED AUTOS LIABILITY COVERAGE, A. Coverage, 1. - Who Is Insured, is amended to add: d. Any person or organization, shown in the schedule above, to whom you become obligated to include as an additional insured under this policy, as a result of any contract or agreement you enter into which requires you to furnish insurance to that person or organization of the type provided by this policy, but only with respect to liability arising out of use of a covered "auto". However, the insurance provided will not exceed the lesser of: (1) The coverage and/or limits of this policy, or (2) The coverage and/or limits required by said contract or agreement. AUTHORIZED REPRESENTATIVE 87950 (9/14) 04/01/2025 Docusign Envelope ID: 09D4125A-9C2E-46BB-8FA5-45DFCD0A5A01 ENDORSEMENT This endorsement,effective 12:01 A.M. forms a part of policy No. CA 448-97-03 issued to Hoffman & Hoffman, Inc. byNATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. INSURANCE PRIMARY AS TO CERTAIN ADDITIONAL INSUREDS This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM Section IV -Business Auto Conditions, B., General Conditions, 5., Other Insurance, c., is amended by the addition of the following sentence: The insurance afforded under this policy to an additional insured will apply as primary insurance for such additional insured where so required under an agreement executed prior to the date of accident We will not ask any insurer that has issued other insurance to such additional insured to contribute to the settlement of loss arising out of such accident. All other terms and conditions remain unchanged. 74445 (10/99) Authorized Representative or Countersignature (in States Where Applicable) 04/01/2025 Docusign Envelope ID: 09D4125A-9C2E-46BB-8FA5-45DFCD0A5A01 ENDORSEMENT This endorsement, effective 12:01 A.M. 04/01/2020 forms a part of policy No. CA 448-97-03 issued to Hoffman & Hoffman, Inc. by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM Section IV -Business Auto Conditions, A. -Loss Conditions, 5. -Transfer of Rights of Recovery Against Others to Us, is amended to add: However, we will waive any right of recover we have against any person or organization with whom you have entered into a contract or agreement because of payments we make under this Coverage Form arising out of an "accident" or "loss" if: ( 1)The "accident" or "loss" is due to operations undertaken in accordance with the contract existing between you and such person or organization; and (2 )The contract or agreement was entered into prior to any "accident" or "loss". No waiver of the right of recovery will directly or indirectly apply to your employees or employees of the person or organization, and we reserve our rights or lien to be reimbursed from any recovery funds obtained by any injured employee. AUTHORIZED REPRESENTATIVE 62897 (6/95) 04/01/2025 Docusign Envelope ID: 09D4125A-9C2E-46BB-8FA5-45DFCD0A5A01 04/01/2025 Hoffman & Hoffman, Inc. Docusign Envelope ID: 09D4125A-9C2E-46BB-8FA5-45DFCD0A5A01 6H4KOQ6E6HSu Tbcmu_i^jlm_h_inu_``_\ncp_u ( u-Fu uuuuuuuu`jlhmuXukXlnuj` kjfc\su Ij:Cu ! # % cmmo_^unju Hoffman & Hoffman,QF 2MFF7P2?-Du;7I7P-DuD?-/?D?TWu2MU7P-;7u9MPFu AWjolu kjfc\sucmuXh_i^_^unjuci\fo^_u_cnb_lu Xu N_lu Nljd_\nu ;_i_lXfu -aal_aXn_uDchcnu X u N _ l u Dj\Xncji ;_i_lXfu -aal_aXn_u DchcnujluXu N_luNljd_\nuXi^uN_lu Dj\Xncjiu;_i_lXfu-aal_aXn_uDchcnuNf_Xm_um_f_\n jifsu j`unb_u `jffjqcia( u ?9uI7?T=7PuM9uT=7R7u /MV7Ru -P7u2=72B75u T=?Ru7I5MPR7F7ITu ?RuUM@5u ?9uFMP7u T=-Iu MI7u M9uT=7u T=7R7u/MV7Ru -P7u 2=72B75u T=?Ru 7I5MPR7F7ITu ?RuUM?5u AA Aggu ucmuXh_i^_^unjuci\fo^_unb_u`jffjqcia( Tb_u Dchcnmu j`u ?imolXi\_u Xi^u nb_u lof_mu Z_fjqu `cru nb_u hjmnu q_u qcffu kXsu l _ a X l ^ f _ m m u j ` u n b _ iohZ_luj`) Y ?imol_^m+ [2fXchmu hX^_ujlu mocnmu Zljoabn*u jl ]N_lmjimujlujlaXictXncjimuhXeciau \fXchmujlu Zlciaciau mocnm Tb_u ;_i_lXfu -aal_aXn_u Dchcnucmu nb_u hjmnuq_u qcffu kXsu `jlu nb_u mohuj`( YF_^c\Xfu_rk_im_muoi^_lu2jp_lXa_u3+ 5XhXa_mu oi^_lu 2jp_lXa_u _r\_knu ^XhXa_muZ_\Xom_uj`u Zj^cfsucidolsu jlukljk_lns ^XhXa_u ci\fo^_^uciu nb_u klj^o\nm \jhkf_n_^u jk_lXncjimubXtXl^,u X i ^ ]5XhXa_mu oi^_lu 2jp_lXa_u0 Tb_u Nlj^o\nm 2jhkf_n_^u Mk_lXncjimu -aal_aXn_u D c h c n u c m u n b _ u hjmnu q _ u q c f f u k X s u o i ^ _ l 2jp_lXa_u `jlu^XhXa_mu Z_\Xom_uj`uZj^cfsu cidolsu Xi^u kljk_lnsu ^XhXa_u ci\fo^_^uciunb_ klj^o\nm \jhkf_n_^u jk_lXncjimubXtXl^ RoZd_\nunju XZjp_u nb_u N_lmjiXfuXi^u -^p_lncmciau ?idolsuDchcnucmu nb_uhjmnuq_u qcffukXsuoi^_l 2jp_lXa_u `jlu nb_u mohu j`u Xffu ^XhXa_mu Z_\Xom_u j`u Xffu k_lmjiXfu Xi^u X ^ p_lncmciau c i d o l s momnXci_^uZsuXisu ji_u k_lmjiujlujlaXictXncji "RoZd_\nunju jlu XZjp_uqbc\b_p_lu Xkkfc_mu nb_u 7X\buM\\oll_i\_uDchcnucmunb_uhjmnuq_uqcff kXsu `jlu nb_umohuj`( Y5XhXa_mu oi^_lu 2jp_lXa_uXi^ [F_^c\Xfu _rk_im_mu oi^_lu 2jp_lXa_u &$$&u ' u NXa_uuj`u u 04/01/202 Docusign Envelope ID: 09D4125A-9C2E-46BB-8FA5-45DFCD0A5A01 Docusign Envelope ID: 09D4125A-9C2E-46BB-8FA5-45DFCD0A5A01 Docusign Envelope ID: 09D4125A-9C2E-46BB-8FA5-45DFCD0A5A01 POLICY NUMBER:ISSUE DATE: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED PERSON OR ORGANIZATION – NOTICE OF CANCELLATION PROVIDED BY US This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS INCLUDED IN THIS POLICY CANCELLATION: SCHEDULE Number of Days Notice: PERSON OR ORGANIZATION: ADDRESS: PROVISIONS IL T4 05 05 19 © 2019 The Travelers Indemnity Company. All rights reserved.Page 1 of 1 ANY PERSON OR ORGANIZATION TO WHOM YOU HAVE AGREED IN A WRITTEN CONTRACT THAT NOTICE OF CANCELLATION OF THIS POLICY WILL BE GIVEN, BUT ONLY IF: 1. YOU SEND US A WRITTEN REQUEST TO PROVIDE SUCH NOTICE, INCLUDING THE NAME AND ADDRESS OF SUCH PERSON OR ORGANIZATION, AFTER THE FIRST NAMED INSURED RECEIVES NOTICE FROM US OF THE CANCELLATION OF THIS POLICY; AND 2. WE RECEIVE SUCH WRITTEN REQUEST AT LEAST 14 DAYS BEFORE THE BEGINNING OF THE APPLICABLE NUMBER OF DAYS SHOWN IN THIS SCHEDULE. THE ADDRESS FOR THAT PERSON OR ORGANIZ- ATION INCLUDED IN SUCH WRITTEN REQUEST FROM YOU TO US. If we cancel this policy for any legally permitted reason other than nonpayment of premium, and a number of days is shown for Cancellation in the Schedule above, we will mail notice of cancellation to the person or organization shown in such Schedule. We will mail such notice to the address shown in the Schedule above at least the number of days shown for Cancellation in such Schedule before the effective date of cancellation. CUP-9S633893-25-NF 04/01/2025 30 Docusign Envelope ID: 09D4125A-9C2E-46BB-8FA5-45DFCD0A5A01 Docusign Envelope ID: 09D4125A-9C2E-46BB-8FA5-45DFCD0A5A01 Docusign Envelope ID: 09D4125A-9C2E-46BB-8FA5-45DFCD0A5A01 Docusign Envelope ID: 09D4125A-9C2E-46BB-8FA5-45DFCD0A5A01 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached effective on inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy). forms a part of Policy No. WC 072-11-3372 This endorsement, effective 12:01 AM 04/01 /2020 Issued to Hoffman & Hoffman, Inc. By NEW HAMPSHIRE INSURANCE COMPANY 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 any one not named in the Schedule. Schedule ANY PERSON OR ORGANIZATION TO WHOM YOU BECOME OBLIGATED TO WAIVE YOUR RIGHTS OF RECOVERY AGAINST, UNDER ANY WRITTEN CONTRACT OR AGREEMENT YOU ENTER INTO PRIOR TO THE OCCURRENCE OF LOSS. This form is not applicable in California, Kentucky, New Hampshire, New Jersey, North Dakota, Ohio, Texas, Utah, or Washington. This form is not applicable in Missouri when there is a construction code on the policy and there is Missouri premium or exposure. WC 00 03 13 (Ed. 04/84) Countersigned by ----------------------- Authorized Representative 04/01/2025 Docusign Envelope ID: 09D4125A-9C2E-46BB-8FA5-45DFCD0A5A01 04/01/2025 Hoffman & Hoffman, Inc. WC 072-11-3372 Docusign Envelope ID: 09D4125A-9C2E-46BB-8FA5-45DFCD0A5A01