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09-0486 New Hanover County Contract # 09-0486 NORTH CAROLINA AGREEMENT NEW HANOVER COUNTY THIS CONTRACT, made and entered into this day of 2009, by and between NEW HANOVER COUNTY, a political subdivision of the State of North Carolina, hereinafter referred to as "County"; and PRECISION BLASTING, INC., a Kentucky Corporation, hereinafter referred to as "Contractor"; WITNESSETH: That the Contractor, for the consideration hereinafter fully set out, hereby agrees with the County as follows: 1. Scope of Services. Contractor shall perform industrial cleaning services at the New Hanover County WASTEC Facility for fiscal year 09/10 in accordance to Exhibit "A", attached hereto and incorporated herein. All blasting permits shall be coordinated by the Contractor with the New Hanover County Fire Department. Contractor shall provide daily progress reports to WASTEC Project Manager, Frank Benegasi. There will be a required safety briefing between the employed contractors and the WASTEC Project Manager at the start of the project. 2. Time of Performance. Contractor shall commence work July 1, 2009 and all work shall be completed by June 30, 2010. 3. Payment. County hereby agrees to pay to the Contractor for the total cost of this contract, a sum not to exceed Forty-Five Thousand ($45,000.00) Dollars. Payment is contingent upon a final County inspection and acceptance of work. Page 1 of 14 700804000-700000 dm ORIGINAL New Hanover County Contract # 09-0486 4. Extra Work. County and Contractor shall negotiate and agree upon the value of any extra work prior to the issuance of a Change Order covering said extra work. Such Change Order shall set forth the corresponding adjustment, if any, to the Contract Price and Contract Time. 5. Indemnity. Contractor shall indemnify and hold New Hanover County, its agents and employees, harmless against any and all claims, demands, causes of action, or other liability, including attorney fees, on account of personal injuries or death or on account of property damages arising out of or relating to the work to be performed by Contractor hereunder, resulting from the negligence of or the willful act or omission of Contractor, its agents, employees and subcontractors. 6. Insurance. Contractor shall maintain insurance from companies licensed to write business in North Carolina, with an A.M. Best rating of "A" or higher, and acceptable to County, of the kinds and minimum amounts specified below. 7. Certificates and Notice of Cancellation. Before commencing work under this contract, Contractor shall furnish County with certificates of all insurance required below. Certificates shall indicate the type, amount, class of operations covered, effective date and expiration date of all policies, applicable deductibles, self-insurance retentions and shall contain the following statement: The insurance covered by this certificate will not be canceled or limits/coverages altered, except after thirty (30) days written notice has been received by County. The Certificate of Insurance, naming New Hanover County as an additional insured, shall be further evidenced by an actual endorsement furnished to the County from the insurer within thirty (30) days of the signing of the contract between the Contractor and Page 2 of 14 700804000-700000 dm New Hanover County Contract # 09-0486 the County. 8. Workers Compensation and Employers Liability Insurance. Covering all of the Contractor's employees to be engaged in the work under this contract, providing the required statutory benefits under North Carolina Workers Compensation Law, and employer's liability insurance providing limits at least in the amount of $500,000/500,000/500,000 applicable to claims due to bodily injury by accident or disease. 9. Commercial General Liability. Including coverage for independent contractor operations, contractual liability assumed under the provisions of this contract, products/completed operations liability and broad form property damage liability insurance coverage. The policy shall provide liability limits at least in the amount of $1,000,000 per occurrence, combined single limits, applicable to claims due to bodily injury and/or property damage. New Hanover County shall be named as an additional insured under this policy. 10. Automobile Liability Insurance. Covering all owned, non-owned and hired vehicles, providing liability limits at least in the amount of $1,000,000 per occurrence combined single limits applicable to claims due to bodily injury and/or property damage. 11. Umbrella Liability Insurance. Providing coverage as excess above the underlying Commercial General Liability Insurance, Automobile Liability Insurance, Employers Liability Insurance and Insurance policies required by this Contract. This coverage shall provide excess liability limits at least in the amount of $2,000,000 per occurrence, combined single limits, applicable to claims arising from bodily injury, personal injury and/or property damage. The parties named as additional insureds Page 3 of 14 700804000-700000 dm New Hanover County Contract # 09-0486 under the primary underlying policies are to be included as additional insureds under the Umbrella Liability Insurance coverage. 12. Independent Contractor. It is mutually agreed that Contractor is an independent contractor and not an agent of the County, and as such the Contractor shall not be entitled to any County employment benefits, such as, but not limited to, vacation, sick leave, insurance, workmen's compensation, or pension and retirement benefits. 13. Warranty. The Contractor warrants to County that any and all labor furnished to progress the work under this contract will be competent to perform the tasks undertaken, in a workmanlike manner, so as to meet the standards of workmanlike quality prevailing in North Carolina at the time of work, that any and all materials and equipment furnished will be of good quality and new unless otherwise permitted by this contract, and that the work will be of good quality, free from faults and defects and in strict conformance with this contract. All work not conforming to these requirements may be considered defective. All work shall conform to applicable Federal, State and local laws and regulations. Contractor shall be responsible for all costs, damages and expenses including, but not limited to, penalties, fines and fees, that the County may incur as a result of Contractor's failure to perform under this Agreement. 14. Default and Termination. If Contractor fails to prosecute the work with such diligence as will insure its completion within the contract time, or if Contractor breaches any of the terms or conditions contained in this contract and fails to cure said breach within two (2) days of County's mailing of Notice of Default, or otherwise fails to Page 4 of 14 700804000-700000 dm New Hanover County Contract # 09-0486 perform the work hereunder to the County's reasonable satisfaction, County may terminate this contract forthwith. Upon termination, County may, without prejudice to an action for damages or any other remedy, take the prosecution of the work out of the hands of Contractor. County may enter into another contract for the completion of the contract, or use such other methods as may be required for the completion of the contract. County may deduct all costs of completing the contract from any monies due or which may become due to Contractor. In the event this project is terminated prior to completion of the services by the Contractor, the Contractor shall be paid for services performed to the date of termination. In no event will the amount due Contractor in the event of termination exceed that amount set forth in paragraph 3 of this Contract. Nothing contained herein shall prevent the County from pursuing any other remedy which it may have against Contractor, including claims for damages. 15. Termination For Convenience County may terminate this Contract for convenience at any time and without cause upon thirty (30) days prior written notice. Upon receipt of notice, Contractor shall immediately discontinue the work and placing of orders for materials, facilities and supplies in connection with the performance of this Contract. 16. Non-appropriation. All funds for payment by the County under this contract are subject to the availability of any annual appropriation for this purpose by the Board of Commissioners. In the event of non-appropriation of funds by the Board of Commissioners for the services provided under the contract, the County will terminate the contract, without termination charge or liability, on the last day of the then-current fiscal year or when the appropriation made for then-current year for the services/items Page 5 of 14 700804000-700000 dm New Hanover County Contract # 09-0486 covered by this contract is spent, whichever occurs first. If at any time funds are not appropriated for the continuance of this contract, cancellation shall be accepted by the Professional on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the County shall not be obligated under this contract beyond the date of termination. 17. Non-waiver of Rights. It is agreed that County's failure to insist upon the strict performance of any provision of this Contract, or to exercise any right based upon a breach thereof, or the acceptance of any performance during such breach, shall not constitute a waiver of any rights under this Contract. 18. Conflict of Interest. No paid employee of the County shall have a personal or financial interest, direct or indirect, as a contracting party or otherwise, in the performance of this Contract. 19. Subcontracts. The Contractor shall utilize no subcontractors for carrying out the services to be performed under this Contract without the written approval of the County. 20. Entire Agreement. This agreement constitutes the entire understanding of the parties. 21. Binding Effect. This contract shall be binding upon the parties hereto, and its heirs, successors, executors, administrators and assigns. 22. Further Actions. The parties will make and execute all further instruments and documents required to carry out the purposes and intent of this contract. 23. Inclusive Terms. Use of the masculine herein shall include the feminine and neuter, and the singular shall include the plural. Page 6 of 14 700804000-700000 dm New Hanover County Contract # 09-0486 24. Governing Law. All of the terms and conditions contained herein shall be interpreted in accordance with the laws of the State of North Carolina. 25. Notices. All notice required hereunder to be sent to either party shall be sent to the following designated addresses, or to such other address or addresses as may hereafter be designated by either party by mailing of written notice of such change of address, by Certified Mail, Return Receipt Requested: To County: New Hanover County WASTEC Facility Attention: Frank Benegasi, Project Manager 3002 Highway 421 North Wilmington, North Carolina 28401 To Contractor: Precision Blasting, Inc. Attention: L. B. Tussey 2415 Carolina Road P.O. Box 785 Flatwoods, KY 41139 26. Assignability. It is mutually agreed by the parties hereto that this contract is not transferable and shall not be assigned by either party without the written consent of the other party to this contract. 27. Amendments. This Contract shall not be modified or otherwise amended except in writing signed by the parties. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals, the day and year first above written and by authority duly given. Page 7 of 14 700804000-700000 dm New Hanover County Contract # 09-0486 oVN~TY.tio NEW HANOVER COUNTY E tile 0 aZ Bruce T. Shell, County Manager AT Sheila L. Schult, Clerk to the Board PRECISION BLASTING, INC. [CORPORATE SEAL] c r , By. President creta TTEST' • This instrument has been pre- audited in the manner required by the Local Government Budget and Fiscal Control Act. Appro ed as to form: y/va County,finance Director County Attorney Page 8 of 14 700804000-700000 dm New Hanover County Contract # 09-0486 NORTH CAROLINA NEW HANOVER COUNTY I, a Notary Public of the State and County aforesai , certify th t Sheila L. Schult acknowledged that she is Clerk to the Board of Commissioners of New Hanover County, and that by authority duly givWr, as the act of the Board, the foregoing instrument was signed in its name by its sealed with its corporate seal and attested by herself as its Clerk. `T WITNESS my hand and official seal, this day of 2009. \69h G 0, TARY'' No ary Public My Comm. My commission expires: E ai`es 3l2 I~oi t _ 2••.PUBLIC;'V 6'(''lickf buA~Y I, E A'e-n a Notary Public of the State and County aforesaid, certify that T. C , came before me this day and acknowledged that (s)he is Secretary of Pre ision Blasting, Inc. a Kentucky corporation, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name as its President, sealed with its corporate seal and attested by him/herself as its Secretary. WITNESS my hand and official seal, this day of Tu ty )2009. Notary P blic My commission expires: ~ J Page 9 of 14 700804000-700000 dm New Hanover County Contract # 09-0486 EXHIBIT A 1'redaien 23imliem Incornoraled 2415 Caroline RmW P.D PA=M FlatwoodlL KY 41.239 410 (646) 636.2600 0 Im (606 Mm2698 MAK; Ifrhasaeriu xcisronbluhrom.c.r;m+ NkU RAMOVSK COUNTY JL7V£,.2!10.4 !]!1>"L'. OF &NVEKDNMWr.JkL MAN. GaMEMTf WASTBC r•ACRM 3DW US lJWY Ill NORM W" M PdG7UN, NC .ml A'T'FH.: T2," LUA FKMSUOLL IMF.; i7[PS O6LVLCLBA31lI9C SDl>L~'1C65FOBC4x 1~BI}T1iSITf (fr?0.243g1 AN PER Yn UR RFQG`9,ST, Pt.R U PEND7710 CC raL YOUR i3r(MUNGSNPU)SIVEC:LEANMI NEMF101711EM-2UE4CONMAICTSEASONASPBILYOUR. VARrY3NGNEEDL ATIRATEDFROM TMPASrCONTRAMSEASI,IMAVHjNCtljGm.KA'mAFft mMrl As MAN (:P.RW (FOR A FUI,LSR7)FEt}F WOM, M WELL M AS KANCRLW,(.'LIA REM7CSI) MTE)POR XMS WrM A MCRFJISED SCOPEOF WORE. MIDU NBLASTING1'SALIMADYAQLiALTFMVENDORAPROVEDBYNMANOVh1t CU. INTY AND WM Ut IN R Vbrti.Y I IA VF 0112 IMAI t n NCl' U.MT114CATIKK M F--M.F. WITH YOU, YI H IC31 WILAMONATICLYBELMhTEDFOBAN0nMTMBYOMCARRMMBDURNGTHEblON'M F .AXY. AS TDFTIM FAST VE CANRESPM41) FOB YMIL961908 WSA. WMUN INS 24HR TIME MAME ASWUTSTM ALSODZEAM N01% rFiA,r wr- bAV401' UTM17%AlkY OVPRIIMF RATIM 114 OUR PRICING STRIP MME WORK E Ba m Ai' THE SAME RAIS ON AN-f GIVEN DATE DOCIAM)MG HOLIDAYS. STANDANDXA SMM-AN3MO 4 Hk UM MUM MUM PER 1RE9014SB ~ z I cn ~lD riACIIADWMINALROUR S 525m) PMOMMfPl tMANfMIDAY• S 115.W !St1F11lJZ&JIt)I4 f M,.M )UlUYA'r]0N Q'UX !XUW) S 1,5mm 111'- . . TI► d 4 NM N s lamas >=AC1! t17A1TICMFALIIdE9t S 425.9D PERD MI PERMAN I MR DAY S 115M 1Y1WILIZATM f vE•M08FL.17.ATIt)N ("it CM-% 31,204.0 .A 7"1. R 4 KR MINII~Ii16A 1'RR RIS~,iP[)i\ 11 EACH ADOn>DRFAL ROM S MAD PLIMIUM11r6RMANt I1+ A DAY S I C QtI MODIMATICINI f IMFMCMSI LMA MCR 51 10.04 IF YOU RAVE A14YQUfESIYOkS~ RBQI)IRSADDLTIONI LBWOBD IMN.OBTtWa~.DLIIMTO SCIMnt U AhMTLNG TOADI MSS ANYSPW.IALCbNCRRNS OR IPPCYIMPM PMRCT.S, PI.Rq$r% MU'r41141TATkTOVAL1.lustAT OUltxI4•FViOOMKY l1PPICF.~T ~ty PRr CjajOiN B_I .AtMnNG,1NC 5 SIM Page 10 of 14 700804000-700000 dm New Hanover County Contract # 09-0486 10 W M 6 rl O Q W Q K !Yf Q G CI G O D W 'z d n M a re o a o ? ° 7V !V d 1'~ 4 n H b a o O 4 5-: sell 0 4,,, m N ryry O N et O a-a *~4 a~-1 00 1~!} 3 ~,r N ri a ai 4D °1 v C3? r an 4 Vi..1 O m q Ln call" ~ an ~ o 0 C m ° m fn 0 4 O a O oo M o t~ a W m N in y.. Page 11 of 14 700804000-700000 dm New Hanover County Contract # 09-0486 CONTRACTOR AGREEMENT TO COMPLY i, S 5 P a mpreserrtative of ~Mj &0 nl" n& do hereby adummedge that rrry corn ny has received a copy of the gaideunes gowmiroj cuWact srak tieing peftnnedd on New tianmw County, Deperimsrrt of Ewrmnrnentat management property. It is agreed that as part of the wntract may corripsny and its employ "s will corWl / with these uldeikm nd sit the writbeen programs which apply ID the work being performed- C Sig J tr~aln r Gabe: lS~ --C► Prease rslum this signed page along wKh a copy of the records re questsd, on page 6 of fis document rand Indude a copy Gf the pest 2 years OSKA 300-A tog. Return with ba the daeignabct NHC Department of Environmental Management Pnojwl Marmpar or bid ca- ordnator. is Page 12 of 14 700804000-700000 dm New Hanover County Contract # 09-0486 e . ` Y = X a n $ u 3i ~ ! 1•. D S s i Y s_ ~ •~f C. .21 a~ ge n g ,3 IL ~s y~~'' } aye = a ~ ~ x 8Sr 19 G4 - M' ~ ~S~ is LfC ^J I ^J I C I ~~M~ NHS ~Y2 $ ky~~ L a 4y x ~4 fp~~ti:7 ~ r- G t ~ r• j 0~ C Y JipS ~ji p O Z O I ~7i:Y -Ti ~ e 8 r 5 o ~ o ~ o ~ ~ F9 ESr i p ise9 ~ ?i - °g°.•i c 4J ~ n j tl o _ e 6 ~a3r. C M. Ji et r! - Page 13 of 14 700804000-700000 dm New Hanover County Contract # 09-0486 ,.ILL, Mbar L)_L 'oirkRRelated Wurles and Illnesses a.'.''yl'.n,lvYUaf clealy fts.++rro:•.~~L MY'C.^ah'AMWCo V%WMOrOVIRS xcTrmde!+IW35erav ft'.Kfa,c bffimmM Zan mrrsl V ua,r' j ~m _•hiMM e/PgIO'pTM1`N'•YfiYaS.li da5l'w IIIaLl~wu.},:+Y4r'.1A~LM'u.1w'Lr~n'wrF~~n rAl~wly]'IK.' ~ ~ a r+ro.b rV'..+' - ~v- CLqu 7a+n 3G0:: 7a sqk[! 1017'ato nrro h• xefa:eaa Ia Hs a' u5tz'•e ?Of c "fayriy'filbr.SrMa'nxaMMnn nrJYb)Jvri~rv Sc L~.MVn i,/~'R I— 241a Ch_d_l:a !A. 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Irpa 1..... r .L.':.; wu1...'..r.rl~V.,u•'rx':'4.A.I.:.1a..A.ti M•K•Il~.er•[a•narJr^+•e,e. urr, 11fr Page 14 of 14 700804000-700000 dm 0 7107/019 DrvY) AWR_D.M CERTIFICATE OF LIABILITY INSURANCE DATE PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Wells Fargo Ins. Services HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR of West Virginia, Inc. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. Box 1029 COMPANIES AFFORDING COVERAGE Huntington WV 25713-1029 C 'JPAVY (304) 697-2900 A Aspen Insurance UK Ltd INSURED _-~,%'PA` Y Precision Blasting, Inc. B Travelers Prop/Cas Co of Amer P. 0. Box 785 i D.lt'ANY Flatwoods, KY 41139-0785 Technology Insurance Co Inc D COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TOT HE INSURED NAMED ABOVE FOR THEPOL_ICYPERIOD INDICATED, NOT W I THSTANDING ANY RECUIREMENT, TERMOR CONDITION OF ANY C ONTRAC TOR 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, CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTA DATE (MMIDDIYY) DATE (MMIDDIYY) A GENERAL LIABILITY CROS58809 8101/08 8/01109 G=uF«A! A.;r,Ri, AT £ 2,000,000 X i-!I NILHCIAL Ut NI HAI l =ABII IT" AGG $ 2,000,000 CLAIMS MAUI- X OCCHR ?FRSGNAI & ADV INJURY $ 1,000,000 ;JW'Nt,H'S & L+JN'IiACit.)R':i PFiC%i ,EACH QCCURRENCF $ 1,000,000 ~ IRF DAMAGE: (Any cne h7e) $ 100,000 VF,,' F:.::'' (Any enc person.` $ B AUTOMOBILE LIABILITY V81083138548TIA08 8101108 8101/09 {~tr'F, IP.FD >:NGt E i 1MIT 3 X ANY Ad70 1,000,000 311.'1 lNJllf?Y ALI.. (sWNE G .AUTI I3 3([) iFer aer,cn; ~ d:Fift)ULT_I) A,ip«w X Illpf() A.Ult1:i ;?DUI'. Y INJIJHY S X N'OW)WNFD AIAI J7-; 'Pet acrraalj X Comprehensive DEDUCTIBLE $500 P~OPF,=TY DAMA^F X Collision DEDUCTIBLE $500 CAAACE LIABILITY AIJ'',; ONLY • FA A;:CIDE 1 $ ANY AUTO O1bif.R 1tiAN AWII I INL Y- f AC- ACCIDLNI $ AGGREC~Alf. $ A EXCESS LIABILITY CXA481JO8 8/01/08 8/01/09 fA.:ri ~Tt:CU1~Rf.NCf S 4,000,000 X UIIFIRft.A FORM ASGR;=(:ATF $ 4,000,000 ,PIER '1HAN UMBRLLL.A t OHM WORKERS COMPENSATION AND TARGA03323021 GA) 8101108 8101109 X rTATU- STH_ EMPLOYERS'LIABILITY -i~Y r 19ITS 'eR C TARYA18243-00 lVA} 8J11108 8/11!09 S 1,000,000 E fu,N<I(_._R~ As INC; J'!:Y L .ll S 1,000,000 SAN Nck /E: xc. CIJTI!lE -FCFRS ARF. I>Ct EA'r iA tMPLt•YLL $ 1,000,000 OTHER DESCRIPTION OF 0PERATIONSILO CATIONS/VEHICLEWSPECIAL ITEMS Evidence of Insurance. Certificate holder is named as additional insured V/ CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE New Hanover County EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL Margaret Dunlap 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 230 Government Center Drive BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY Suite 125 OF ANY KIND UPON THE COMPANY. ITS AGENTS OR REPRESENTATIVES. Wilmington, NC 28403 AUT REPRESENTATIVE JYito- Oevona 0 Webb ACORD 25•S (1195 Q ACORD CORPORATION 1988 CERTIFICATE: 206/0011 00556 8 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. r •fslifitlSil:• \i; NEW HANOVER COUNTY WANDA M. COPLEY County Attorney KEMP P. BURPEAU SHARON J. HUFFMAN Deputy County Attorney Assistant County Attorney July 17, 2009 Precision Blasting, Inc. Attn: L. B. Tussey 2415 Carolina Road PO BOX 785 Flatwoods, KY 41139 RE: New Hanover Contract # 09-0486 Dear Mr. Tussey: Enclosed please find your copy of the above referenced contract. Thank you for your assistance in this matter. If you have any questions please give us a call. Sincerely, .J t a~ X , unt a 1 Margaret R. Dunlap Administrative Support Specialist Office of the County Attorney Enclosure 230 Government Center Drive - Suite # 125 - Wilmington, NC 28403 Phone: 910-798-7153 - Fax: 910-798-7157 www.nhcgov.com New anover County Routing Slip Contract # Department Acct. # Initials Date To: Risk Manager 7 -0-1 F UL 0 7 2009 Grants Coordinator JUL ©9 2009 Finance Director County Manager 0.3jo Commission Chairman ' Clerk to the Board g~ ounty Attorney From: Legal Dept. Date' Re: D Contract for/Dept. lJU 3 NOVER CO. n~ 1 ' G►~~~ ~ ~ Y~ C~ -R'S OFFICE