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HomeMy WebLinkAbout1 - Original Submission_ 315021 MTC PSAPage 1 of 7 Bremerton/Materials Testing & Consulting, Inc. 6th Street Preservation Phase II- Construction Materials Testing Rev. 06/2020 PROFESSIONAL SERVICES AGREEMENT 6th Street Preservation Phase II- Construction Materials Testing The City of Bremerton (“City”) and Materials Testing & Consulting, Inc. (“Consultant”), referred to collectively as the “Parties,” enter into the following Agreement for professional services: I.Scope: The Consultant agrees to perform the services more specifically described in the Scope of Work, dated July 8, 2021, including any attachments thereto, attached hereto as Exhibit A, which is incorporated by reference herein. The Scope of Work may be modified only pursuant to Section VII.H of this Agreement. If the Scope of Work provides for unspecified additional services such services shall only be performed upon the express written request of the City. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time such services are performed. II.Term: The City and the Consultant agree that work will begin on the tasks described in Exhibit A and B immediately upon execution of this Agreement. The parties agree that the work described in Exhibit A and B is to be completed within Nine (9) months; provided however, that additional time shall be granted by the City for excusable delays or extra work as provided for in Section IX.A of this agreement. III.Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Consultant in an amount not to exceed $ 11,697.03. Consultant’s charges and bills shall conform to the fee schedule attached hereto as Exhibit C and incorporated herein by this reference. The Consultant shall submit regular billing statements detailing work performed and amount charged on each task or portion thereof. The descriptions shall conform to and fall within the categories set out in the Scope of Work and/or Fee Schedule. Upon receipt of a conforming billing statement, the City shall promptly process payment. PROVIDED, HOWEVER, the City reserves the right to prioritize scoped work and accelerate and/or delay work tasks under the time frame set forth in Section II herein. The Consultant's labor rates and billing fees shall be as delineated in Exhibit C. Consultant shall not perform work beyond the Scope of Work, nor shall be compensated for such work, unless the Scope of Work or amount of compensation is modified pursuant to this Agreement. Consultant shall only be compensated for additional services if requested pursuant to Section I and, if not otherwise provided, such compensation shall be in accordance with Exhibit C. If a billing statement does not conform to this Agreement, the City may withhold payment until the statement is brought into compliance. Such withholding does not relieve Consultant of its obligations under this Agreement. DocuSign Envelope ID: 2C446770-4C4C-464D-B00C-CD68341FE59F Page 2 of 7 Bremerton/Materials Testing & Consulting, Inc. 6th Street Preservation Phase II- Construction Materials Testing Rev. 06/2020 IV.Relationship of Parties: Consultant represents that it is skilled in the matters addressedin the Scope of Work and is performing independent functions and responsibilities within its field of expertise. Consultant and its personnel are independent Consultants and not employees of the City. Consultant and its personnel have no authority to bind the City or to control the City’semployees and other Consultants. None of the benefits provided by the City to its employees,including, but not limited to, compensation, insurance, and unemployment insurance are availablefrom the City to the employees, agents, representatives, or sub-consultants of the Consultant. Consultant will be solely and entirely responsible for its acts and for the acts of Consultant's agents, employees, representatives and sub-consultants during the performance of this Agreement. TheCity may, during the term of this Agreement, engage other independent Consultants to performthe same or similar work. As an independent Consultant, Consultant is responsible for its own management. The City’s administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over Consultant or its personnel. As an independent Consultant, Consultant is responsible for payment of all taxes and licensing fees necessary to perform its obligations under this Agreement. These taxes and fees include but are not limited to State industrial insurance, Business & Occupation, State professional licensing, and City business licensing. If any taxes or fees due the City have been declared delinquent, the City may withhold the delinquent amount, plus any additional charges arising from the delinquency, from any payments due Consultant. V.Indemnification: A.Consultant shall defend, indemnify and hold the City, its officers, officials,employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the performance of this Agreement except for that portion of the injuries and damages caused by the City’s sole negligence, unless Consultant is conducting work pursuant to Subsection B below. The City's review or acceptance of any of the work when completed shall not be grounds to avoid any of these covenants of indemnification. B.Architects, Engineers and Any Other Professional Listed In and PerformingServices Defined in RCW 4.24.115. Should a court of competent jurisdiction determine that Consultant’s services provided pursuant to this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE DocuSign Envelope ID: 2C446770-4C4C-464D-B00C-CD68341FE59F Page 3 of 7 Bremerton/Materials Testing & Consulting, Inc. 6th Street Preservation Phase II- Construction Materials Testing Rev. 06/2020 PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. VI. Insurance: The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees, sub-consultants or sub-contractors. Before beginning work on the project described in this Agreement, the Consultant shall provide a Certificate of Insurance evidencing: 1. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 2. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCU) if applicable; and 3. Excess Liability insurance with limits not less than $1,000,000 limit per occurrence and aggregate; and 4. Professional Liability insurance with limits no less than $1,000,000 limit per occurrence/claim; and 5. Workers Compensation insurance as statutorily required by the Industrial Insurance Act of the State of Washington, Title 51, Revised Code of Washington and employer's liability with limits not less than $1,000,000. Any payment of deductible or self-insured retention shall be the sole responsibility of the Consultant. All required policies shall be provided on an “occurrence” basis except professional liability insurance (if required), which may be provided on a “claims-made” basis. The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Consultant and a copy of an endorsement that is acceptable to the City, which names the City as an additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all the required insurance policies and endorsements. The City further reserves the right to reject any unacceptable policies and/or endorsements. The Consultant's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. DocuSign Envelope ID: 2C446770-4C4C-464D-B00C-CD68341FE59F Page 4 of 7 Bremerton/Materials Testing & Consulting, Inc. 6th Street Preservation Phase II- Construction Materials Testing Rev. 06/2020 The Consultant's insurance shall be primary and non-contributory insurance as respects the City and shall contain a waiver of subrogation against the City for claims arising out of any operations, liabilities and obligations to which coverage applies. It shall be an affirmative obligation upon Consultant to advise the City’s Risk Manager by fax at (360) 473-5161, or by certified mail, return receipt requested to City of Bremerton, Attn: Risk Management, 345 6th Street, Suite 100, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement. The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage. In the event that the Consultant employs other consultants or contractors (sub-consultants or sub-contractors) as part of the work covered by this Agreement, it shall be the Consultant’s responsibility to require and confirm that each sub-consultant or sub-contractor meets the minimum insurance requirements specified above. The Consultant shall, upon demand of the City, deliver to the City copies of such policy or policies of insurance and the receipts for payment of premiums thereon. VII. General Conditions: A. Reports and Information: When requested by the City, Consultant shall furnish periodic reports and documents on matters covered by this Agreement. The reports and documents shall be furnished in the time and form requested. Consultant shall maintain accounting records in accordance with Generally Accepted Accounting Principles (“GAAP”) to substantiate all billed amounts. B. Ownership and Use of Records and Documents: Original documents, drawings, designs and reports, including those in electronic format, developed under this Agreement are the property of the City. All written information submitted by the City to the Consultant in connection with the services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at least the same extent as the Consultant safeguards like information relating to its own business. If such information is publicly available or is already in Consultant's possession or known to it, or is rightfully obtained by the Consultant from third parties, Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise. All data, documents and files created by Consultant under this Agreement may be stored at Consultant's office in Silverdale, Washington. Consultant shall make such data, documents, and files available to the City upon its request at all reasonable times for the purpose of editing, modifying and updating as necessary until such time as the City is capable of storing such information in the City's offices. Duplicate copies of this information shall be provided to the City upon its request, and at reasonable cost. All documents, including all reports, drawings, specifications, computer software or other items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service DocuSign Envelope ID: 2C446770-4C4C-464D-B00C-CD68341FE59F Page 5 of 7 Bremerton/Materials Testing & Consulting, Inc. 6th Street Preservation Phase II- Construction Materials Testing Rev. 06/2020 with respect to the project and are the property of the City. Any reuse by the City for other than the specific purpose intended will be at City’s sole risk. C.Use of Photographs and Images. Consultant shall not use or distribute photographsor images depicting City officials, personnel, property, or equipment whether prepared by Consultant or provided by City without prior written consent of the City. The City will not unreasonably withhold its consent. D.Work Performed at Consultant's Risk: Consultant shall take all precautionsnecessary and shall be responsible for the safety of its employees, agents, and sub-consultants in the performance of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. E.Place of Work: The Consultant shall perform the work authorized under thisAgreement at its offices in Silverdale, Washington. Meetings with the City staff as described in Exhibit A, Scope of Work, shall take place at the City's offices, or at locations mutually agreed upon by the parties. F.Entire Agreement: This Agreement and its Exhibits constitutes the entireagreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. G.Severability: Should any part of this Agreement be found void, the balance of theAgreement shall remain in full force and effect. H. Modification: This Agreement may only be modified by written instrument signed by both Parties. I.Written Notices: All communications regarding this Agreement shall be sent to theparties at the addresses listed below by registered or 1st class mail, or by personal service, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. Notices to be sent to: Notices to be sent to: CITY: CONSULTANT: Attn: Christopher Dimmitt Attn: Deane Ramsdell City of Bremerton Materials Testing & Consulting, Inc. 345 6th Street, Suite 100 5451 NW Newberry Hill Road, Suite 102 Bremerton, WA 98337-1891 Silverdale, WA 98383 J.Waiver: Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. DocuSign Envelope ID: 2C446770-4C4C-464D-B00C-CD68341FE59F Page 6 of 7 Bremerton/Materials Testing & Consulting, Inc. 6th Street Preservation Phase II- Construction Materials Testing Rev. 06/2020 K.Non-Waiver of Breach: The failure of the City to insist upon strict performance ofany of the covenants and agreements contained herein, or to exercise any option herein conferred in one or more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements or options, and the same shall be and remain in full force and effect. L.Compliance with Laws: Consultant shall comply with all applicable Federal, State,and local laws in performing its obligations under this Agreement. M.Choice of Law and Venue: This Agreement shall be interpreted according to thelaws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. N.Attorneys’ Fees: In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney’s fees. O. Assignment: Any assignment of this agreement by the Contractor without thewritten consent of the City shall be void. VIII.Equal Employment Opportunity Statement: In the hiring of employees for theperformance of work under this Agreement, the Consultant, its subcontractors, or any personacting on behalf of Consultant shall not discriminate in any employment practice on the basis ofage (40+), sex, race, creed, color, national origin, sexual orientation/gender identity, marital status, military status, or the presence of any physical, mental or sensory disability. IX.ADA Statement: The City of Bremerton does not discriminate on the basis of disabilityin programs and activities, which it operates pursuant to the requirements of the Americans withDisabilities Act of 1990, and ADA Amendments Act. This policy extends to both employment and admission to participation in the programs, services and activities of the City of Bremerton. Reasonable accommodation for employees or applicants for employment will beprovided. X.Termination: This Agreement shall remain in force until completion and acceptance of the services, terminated by written instrument upon mutual consent, or by the City of Bremerton for convenience. This Agreement may be immediately terminated for cause by a Party if the otherParty substantially fails to perform through no fault of the terminating Party, and the non-performing Party does not commence correction of the failure of performance within thirty (30)days of the terminating Party’s sending notice to the non-performing Party. Any Notice by Consultant shall include a report showing the status of all items listed in the Scope of Work current through the termination date. If the City receives reimbursement by any federal, state, or other source for work described in Section I herein, and that funding is withdrawn, reduced or limited in any way, or the project is cancelled or substantially reduced after the execution date of this Agreement and prior to the completion of the work, the City may summarily terminate this Agreement. DocuSign Envelope ID: 2C446770-4C4C-464D-B00C-CD68341FE59F Page 7 of 7 Bremerton/Materials Testing & Consulting, Inc. 6th Street Preservation Phase II- Construction Materials Testing Rev. 06/2020 A.Excusable Delays: The right of Consultant to proceed shall not be terminated norshall Consultant be charged with liquidated damages for any delays in the completion of the work due to: 1) any acts of the federal government in controlling, restricting, or requisitioning materials, equipment, tools, or labor by reason of war, national defense, or other national emergency; 2) any acts of the City, its consultants, or other public agencies causing such delay; and 3) causes not reasonably foreseeable by the parties at the time of the execution of the Agreement that are beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God, fires, floods, strikes, or weather of unusual severity. PROVIDED, HOWEVER, that the Consultant must promptly notify the City within ten (10) calendar days in writing of the cause of the delay. If, on the basis of the facts and the terms of this Agreement, the delay is properly excusable, the City shall, in writing, extend the time for completing the work for a period of time commensurate with the period of excusable delay. B.Rights Upon Termination: In the event of termination, the City shall pay for allservices performed by the Consultant to the effective date of termination, as described on a final invoice submitted to the City. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project which may be used by the City without restriction. Any such use not related to the project which Consultant was contracted to perform shall be without liability or legal exposure to the Consultant. XI. Suspension & Debarment. For contracts involving Federal funding, Consultant herebycertifies, by signing this agreement, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Consultant shall provide immediatewritten notice to the City if at any time it learns that it is or has become ineligible for certification.Should Consultant enter into a covered transaction with another firm, Consultant agrees by signingthis agreement that it will verify that the firm with whom it intends to do business is not debarred, suspended, ineligible, excluded or disqualified. IN WITNESS WHEREOF, the parties below have executed this Agreement. CONSULTANT: Materials Testing & Consulting, Inc By: Print Name: Shareece Edmonson Its: Date: ATTEST: By: CITY: CITY OF BREMERTON By: Print Name: Greg Wheeler Its: Mayor Date: APPROVED AS TO FORM: By: Bremerton City Attorney Angela Hoover, City Clerk R:\Legal\Legal\Forms\FORMS ON COBWEB\Professional Services Agreement Rev. 06 2020.docx DocuSign Envelope ID: 2C446770-4C4C-464D-B00C-CD68341FE59F 8/25/2021 Associate 8/25/2021 SCOPE OF WORK: The work to be performed by the Materials Testing and Consulting, Inc.consists of sampling and testing materials for improvements to the following project: 6th Street Phase II Pavement Preservation: Grind and Overlay of 6th Street from Warren Avenue to Pacific Avenue to include pavement repair sections, construction of new sections of sidewalk and curb ramps at isolated locations, watermain replacement, and signal replacement at Park Avenue. SCHEDULE OF WORK: The work to be performed by Materials Testing and Consulting, Inc. will be considered on call and is subsequent tot he needs of the 6th Street Phase II Pavement Preservation Project. The work will conclude concurrent with the construction of the 6th Street Phase II Preservation Project; no later than December 31, 2022. EXHIBIT A DocuSign Envelope ID: 2C446770-4C4C-464D-B00C-CD68341FE59F Exhibit B Subconsultant Fee Determination - Summary Sheet End Date Subconsultant Fee Determination Project # STPUL-6566(013) COB 315021 Classification Man Hours Dollars Rate Technician 1 60 x $25.00 =$1,500.00 Technician II 30 x $32.00 =$960.00 Project Manager 8 x $47.00 =$376.00 Title 4 0 x $0.00 =$0.00 Title 5 0 x $0.00 =$0.00 Total Hours 98 Total DSC =$2,836.00 $0.00 $0.00 Overhead (OH Cost -- including Salary Additives) OH Rate x DSC of 156.63% x $2,836.00 =$4,442.03 Fixed Fee (FF): FF Rate x DSC of 25.00%x $2,836.00 =$709.00 Reimbursables Itemized Quantity Units Rate Extraction/ Gyro/Rice 2 each @ $600.00 $1,200.00 Combined Gradation 4 each @ $130.00 =$520.00 4 each @ $245.00 =$980.00 2 each @ $90.00 =$180.00 Fracture 2 each @ $60.00 =$120.00 Dust Ratio 1 each @ $0.00 =$0.00 UC Voids 1 each @ $110.00 =$110.00 Cylinders Concrete 15 each @ $25.00 $375.00 1 each @ $100.00 $100.00 1 each @ $125.00 $125.00 Reimbursables Total $3,710.00 Grand Total $11,697.03 Prepared By:Deane Ramsdell Date:June 29, 2021 Start date 9-1-2021 Subconsultant: Materials Testing and Consulting Sand Equivalency Project Name 6th Street Phase II Pavement Preservation Project Task Description: Materials Testing/Inspection Client Name: City of Bremerton Fine Aggregate testing (Gradations) Course Aggregate testing( Moisture Density Relationship 7/29/2021 DocuSign Envelope ID: 2C446770-4C4C-464D-B00C-CD68341FE59F ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTRINSD WVD PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: 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 7/26/2021 (480) 874-4541 (928) 302-2858 20508 Materials Testing and Consulting Inc. 777 Chrysler Drive Burlington, WA 98233 35289 20443 A 1,000,000 X X 6046287574 7/1/2021 7/1/2022 500,000 15,000 1,000,000 2,000,000 2,000,000 STOP GAP LIAB 1,000,000 1,000,000B X X 6046287588 7/1/2021 7/1/2022 5,000,000B 6046287591 7/1/2021 7/1/2022 5,000,000 10,000 A 6046287574 - WA STOP GAP 7/1/2021 7/1/2022 1,000,000 1,000,000 1,000,000 C E&O/Profess Liab MCH591911371 7/1/2021 Occ/Agg Limit 3,000,000 C Crime 596805415 7/1/2021 7/1/2022 Limit 250,000 RE: 6th St Phase II Subject to Policy Terms, Conditions and Exclusions. City of Bremerton is Additional Insured with respects to General Liability per endorsement CNA74858XX (01 15) attached. General Liability coverage is primary & non-contributory per endorsement CNA74858XX (01 15) attached. Ongoing Operations apples with respects to General Liability per endorsement CNA74858XX (01 15) attached. Completed Operations apples with respects to General Liability per endorsement CNA75079XX (01 15) attached. Waiver of Subrogation applies to General Liability per attached CNA74858XX (01 15) attached. SEE ATTACHED ACORD 101 City of Bremerton 345 6th Street, Suite 100 Bremerton, WA 98337 MATETES-01 BRITTANYKOCIS NFP Property & Casualty Services, Inc. 8201 North Hayden Road Scottsdale, AZ 85258 Alexandra Garcia alexandra.garcia@nfp.com Valley Forge Insurance Company Continental Insurance Company Continental Casualty Company X 7/1/2022 X X XX X X X X DocuSign Envelope ID: 2C446770-4C4C-464D-B00C-CD68341FE59F FORM NUMBER: EFFECTIVE DATE: The ACORD name and logo are registered marks of ACORD ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE FORM TITLE: Page of THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, ACORD 101 (2008/01) AGENCY CUSTOMER ID: LOC #: AGENCY NAMED INSURED POLICY NUMBER CARRIER NAIC CODE © 2008 ACORD CORPORATION. All rights reserved. NFP Property & Casualty Services, Inc. MATETES-01 SEE PAGE 1 1 SEE PAGE 1 ACORD 25 Certificate of Liability Insurance 1 SEE P 1 Materials Testing and Consulting Inc. 777 Chrysler Drive Burlington, WA 98233 SEE PAGE 1 BRITTANYKOCIS 1 Description of Operations/Locations/Vehicles: City of Bremerton is Additional Insured with respects to Auto Liability per endorsement CNA74858XX (01 15) attached. Auto Liability coverage is primary & non-contributory per endorsement CNA63359XX (04 12) attached. Waiver of Subrogation applies to Auto Liability per endorsement CNA63359XX 04 12 attached. DocuSign Envelope ID: 2C446770-4C4C-464D-B00C-CD68341FE59F 50020007460462875749736It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART as follows. If any other endorsement attached to this policy amends any provision also amended by this endorsement, then that other endorsement controls with respect to such provision, and the changes made by this endorsement with respect to such provision do not apply. 6020299057CNA74858XX (1-15)Policy No:4Page 1 of 18 Endorsement No:Nat'l Fire Ins Co of Hartford Effective Date:07/01/2019MATERIALS TESTING AND CONSULTING INC.Insured Name: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement TABLE OF CONTENTS 1.Additional Insureds 2.Additional Insured - Primary And Non-Contributory To Additional Insured's Insurance 3.Additional Insured – Extended Coverage 4.Boats 5.Bodily Injury – Expanded Definition 6.Broad Knowledge of Occurrence/ Notice of Occurrence 7.Broad Named Insured 8.Contractual Liability – Railroads 9.Estates, Legal Representatives and Spouses 10.Expected Or Intended Injury – Exception for Reasonable Force 11.General Aggregate Limits of Insurance – Per Location 12.In Rem Actions 13.Incidental Health Care Malpractice Coverage 14.Joint Ventures/Partnership/Limited Liability Companies 15.Legal Liability – Damage To Premises 16.Liquor Liability 17.Medical Payments 18.Non-owned Aircraft Coverage 19.Non-owned Watercraft 20.Personal And Advertising Injury – Discrimination or Humiliation 21.Personal And Advertising Injury - Contractual Liability 22.Property Damage – Elevators 23.Retired Partners, Members, Directors And Employees 24.Supplementary Payments 25.Unintentional Failure To Disclose Hazards 26.Waiver of Subrogation – Blanket 27.Wrap-Up Extension: OCIP, CCIP or Consolidated (Wrap-Up) Insurance Programs DocuSign Envelope ID: 2C446770-4C4C-464D-B00C-CD68341FE59F 1.ADDITIONAL INSUREDS a.WHO IS AN INSURED is amended to include as an Insured any person or organization described in paragraphsA. through I. below whom a Named Insured is required to add as an additional insured on this Coverage Part under a written contract or written agreement, provided such contract or agreement: (1) is currently in effect or becomes effective during the term of this Coverage Part; and (2) was executed prior to: (a) the bodily injury or property damage; or (b) the offense that caused the personal and advertising injury, for which such additional insured seeks coverage. b.However, subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: (1) a higher limit of insurance than required by such contract or agreement; or (2) coverage broader than required by such contract or agreement, and in no event broader than that described by the applicable paragraph A. through I. below. Any coverage granted by this endorsement shall apply only to the extent permissible by law. A.Controlling Interest Any person or organization with a controlling interest in a Named Insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury arising out of: 1.such person or organization's financial control of a Named Insured; or 2.premises such person or organization owns, maintains or controls while a Named Insured leases or occupies such premises; provided that the coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. B.Co-owner of Insured Premises A co-owner of a premises co-owned by a Named Insured and covered under this insurance but only with respect to such co-owner's liability for bodily injury, property damage or personal and advertising injury as co-owner of such premises. C.Engineers, Architects or Surveyors Engaged By You An architect, engineer or surveyor engaged by the Named Insured, but only with respect to liability for bodilyinjury, property damage or personal and advertising injury caused in whole or in part by the Named Insured's acts or omissions, or the acts or omissions of those acting on the Named Insured's behalf: a.in connection with the Named Insured's premises; or b.in the performance of the Named Insured's ongoing operations. But the coverage hereby granted to such additional insureds does not apply to bodily injury, property damage or personal and advertising injury arising out of the rendering of or failure to render any professional services by, on behalf of, or for the Named Insured, including but not limited to: 6020299057CNA74858XX (1-15)Policy No:4Page 2 of 18 Endorsement No:Nat'l Fire Ins Co of Hartford Effective Date:07/01/2019MATERIALS TESTING AND CONSULTING INC.Insured Name: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement DocuSign Envelope ID: 2C446770-4C4C-464D-B00C-CD68341FE59F 500200074604628757497371.the preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or 2.supervisory, inspection, architectural or engineering activities. D.Lessor of Equipment Any person or organization from whom a Named Insured leases equipment, but only with respect to liability forbodily injury, property damage or personal and advertising injury caused, in whole or in part, by the NamedInsured's maintenance, operation or use of such equipment, provided that the occurrence giving rise to suchbodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. E.Lessor of Land Any person or organization from whom a Named Insured leases land but only with respect to liability for bodilyinjury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such land, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease.The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. F.Lessor of Premises An owner or lessor of premises leased to the Named Insured, or such owner or lessor's real estate manager, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such part of the premises leased to the Named Insured, and provided that the occurrence giving rise to such bodily injury or property damage, or the offense giving rise to such personaland advertising injury, takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. G.Mortgagee, Assignee or Receiver A mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee or receiver's liability for bodily injury, property damage or personal and advertising injury arising out of the NamedInsured's ownership, maintenance, or use of a premises by a Named Insured. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. H.State or Governmental Agency or Subdivision or Political Subdivisions – Permits A state or governmental agency or subdivision or political subdivision that has issued a permit or authorization but only with respect to such state or governmental agency or subdivision or political subdivision's liability for bodilyinjury, property damage or personal and advertising injury arising out of: 1.the following hazards in connection with premises a Named Insured owns, rents, or controls and to which this insurance applies: a.the existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults, street banners, or decorations and similar exposures; or b.the construction, erection, or removal of elevators; or c.the ownership, maintenance or use of any elevators covered by this insurance; or 6020299057CNA74858XX (1-15)Policy No:4Page 3 of 18 Endorsement No:Nat'l Fire Ins Co of Hartford Effective Date:07/01/2019MATERIALS TESTING AND CONSULTING INC.Insured Name: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement DocuSign Envelope ID: 2C446770-4C4C-464D-B00C-CD68341FE59F 2.the permitted or authorized operations performed by a Named Insured or on a Named Insured's behalf. The coverage granted by this paragraph does not apply to: a.Bodily injury, property damage or personal and advertising injury arising out of operations performed for the state or governmental agency or subdivision or political subdivision; or b.Bodily injury or property damage included within the products-completed operations hazard. With respect to this provision's requirement that additional insured status must be requested under a written contract or agreement, the Insurer will treat as a written contract any governmental permit that requires theNamed Insured to add the governmental entity as an additional insured. I.Trade Show Event Lessor 1.With respect to a Named Insured's participation in a trade show event as an exhibitor, presenter or displayer, any person or organization whom the Named Insured is required to include as an additional insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal andadvertising injury caused by: a.the Named Insured's acts or omissions; or b.the acts or omissions of those acting on the Named Insured's behalf, in the performance of the Named Insured's ongoing operations at the trade show event premises during the trade show event. 2.The coverage granted by this paragraph does not apply to bodily injury or property damage included within the products-completed operations hazard. 2.ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY TO ADDITIONAL INSURED'S INSURANCE The Other Insurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONS Section is amended to add the following paragraph: If the Named Insured has agreed in writing in a contract or agreement that this insurance is primary and non- contributory relative to an additional insured's own insurance, then this insurance is primary, and the Insurer will not seek contribution from that other insurance. For the purpose of this Provision 2., the additional insured's own insurance means insurance on which the additional insured is a named insured. Otherwise, and notwithstanding anything to the contrary elsewhere in this Condition, the insurance provided to such person or organization is excess of any other insurance available to such person or organization. 3.ADDITIONAL INSURED – EXTENDED COVERAGE When an additional insured is added by this or any other endorsement attached to this Coverage Part, WHO IS ANINSURED is amended to make the following natural persons Insureds. If the additional insured is: a.An individual, then his or her spouse is an Insured; b.A partnership or joint venture, then its partners, members and their spouses are Insureds; c.A limited liability company, then its members and managers are Insureds; or d.An organization other than a partnership, joint venture or limited liability company, then its executive officers, directors and shareholders are Insureds; 6020299057CNA74858XX (1-15)Policy No:4Page 4 of 18 Endorsement No:Nat'l Fire Ins Co of Hartford Effective Date:07/01/2019MATERIALS TESTING AND CONSULTING INC.Insured Name: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement DocuSign Envelope ID: 2C446770-4C4C-464D-B00C-CD68341FE59F 50020007460462875749738but only with respect to locations and operations covered by the additional insured endorsement's provisions, and only with respect to their respective roles within their organizations. Please see the ESTATES, LEGAL REPRESENTATIVES, AND SPOUSES provision of this endorsement for additional coverage and restrictions applicable to spouses of natural person Insureds. 4.BOATS Under COVERAGES, Coverage A – Bodily Injury And Property Damage Liability, the paragraph entitledExclusions is amended to add the following additional exception to the exclusion entitled Aircraft, Auto orWatercraft: This exclusion does not apply to: Any watercraft owned by the Named Insured that is less than 30 feet long while being used in the course of the Named Insured's inspection or surveying work. 5.BODILY INJURY – EXPANDED DEFINITION Under DEFINITIONS, the definition of bodily injury is deleted and replaced by the following: Bodily injury means physical injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury sustained by that person at any time which results as a consequence of the physical injury, sickness or disease. 6.BROAD KNOWLEDGE OF OCCURRENCE/ NOTICE OF OCCURRENCE Under CONDITIONS, the condition entitled Duties in The Event of Occurrence, Offense, Claim or Suit is amended to add the following provisions: A.BROAD KNOWLEDGE OF OCCURRENCE The Named Insured must give the Insurer or the Insurer's authorized representative notice of an occurrence, offense or claim only when the occurrence, offense or claim is known to a natural person Named Insured, to a partner, executive officer, manager or member of a Named Insured, or to an employee designated by any of the above to give such notice. B.NOTICE OF OCCURRENCE The Named Insured's rights under this Coverage Part will not be prejudiced if the Named Insured fails to give the Insurer notice of an occurrence, offense or claim and that failure is solely due to the Named Insured's reasonable belief that the bodily injury or property damage is not covered under this Coverage Part. However, the Named Insured shall give written notice of such occurrence, offense or claim to the Insurer as soon as theNamed Insured is aware that this insurance may apply to such occurrence, offense or claim. 7.BROAD NAMED INSURED WHO IS AN INSURED is amended to delete its Paragraph 3. in its entirety and replace it with the following: 3.Pursuant to the limitations described in Paragraph 4. below, any organization in which a Named Insured has management control: a.on the effective date of this Coverage Part; or b.by reason of a Named Insured creating or acquiring the organization during the policy period, qualifies as a Named Insured, provided that there is no other similar liability insurance, whether primary, contributory, excess, contingent or otherwise, which provides coverage to such organization, or which would have 6020299057CNA74858XX (1-15)Policy No:4Page 5 of 18 Endorsement No:Nat'l Fire Ins Co of Hartford Effective Date:07/01/2019MATERIALS TESTING AND CONSULTING INC.Insured Name: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement DocuSign Envelope ID: 2C446770-4C4C-464D-B00C-CD68341FE59F provided coverage but for the exhaustion of its limit, and without regard to whether its coverage is broader or narrower than that provided by this insurance. But this BROAD NAMED INSURED provision does not apply to: (a) any partnership, limited liability company or joint venture; or (b) any organization for which coverage is excluded by another endorsement attached to this Coverage Part. For the purpose of this provision, management control means: A.owning interests representing more than 50% of the voting, appointment or designation power for the selection of a majority of the Board of Directors of a corporation; or B.having the right, pursuant to a written trust agreement, to protect, control the use of, encumber or transfer or sell property held by a trust. 4.With respect to organizations which qualify as Named Insureds by virtue of Paragraph 3. above, this insurance does not apply to: a.bodily injury or property damage that first occurred prior to the date of management control, or that first occurs after management control ceases; nor b.personal or advertising injury caused by an offense that first occurred prior to the date of management control or that first occurs after management control ceases. 5.The insurance provided by this Coverage Part applies to Named Insureds when trading under their own names or under such other trading names or doing-business-as names (dba) as any Named Insured should choose to employ. 8.CONTRACTUAL LIABILITY – RAILROADS With respect to operations performed within 50 feet of railroad property, the definition of insured contract is replaced by the following: Insured Contract means: a.A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to a Named Insured or temporarily occupied by a Named Insured you with permission of the owner is not an insured contract; b.A sidetrack agreement; c.Any easement or license agreement; d.An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e.An elevator maintenance agreement; f.That part of any other contract or agreement pertaining to the Named Insured's business (including an indemnification of a municipality in connection with work performed for a municipality) under which the NamedInsured assumes the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement: 6020299057CNA74858XX (1-15)Policy No:4Page 6 of 18 Endorsement No:Nat'l Fire Ins Co of Hartford Effective Date:07/01/2019MATERIALS TESTING AND CONSULTING INC.Insured Name: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement DocuSign Envelope ID: 2C446770-4C4C-464D-B00C-CD68341FE59F 50020007460462875749739(1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; (2) Under which the Insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (1) above and supervisory, inspection, architectural or engineering activities. 9.ESTATES, LEGAL REPRESENTATIVES, AND SPOUSES The estates, executors, heirs, legal representatives, administrators, trustees, beneficiaries and spouses of any natural person Insured or living trust shall also be insured under this policy; provided, however, coverage is afforded to such estates, executors, heirs, legal representatives, administrators, trustees, beneficiaries and spouses only forclaims arising solely out of their capacity or status as such and, in the case of a spouse, where such claim seeksdamages from marital community property, jointly held property or property transferred from such natural personInsured to such spouse. No coverage is provided for any act, error or omission of an estate, heir, legal representative, or spouse outside the scope of such person's capacity or status as such, provided, however, that thespouse of a natural person Named Insured, and the spouses of members or partners of joint venture or partnershipNamed Insureds are Insureds with respect to such spouses' acts, errors or omissions in the conduct of the NamedInsured's business. 10. EXPECTED OR INTENDED INJURY – EXCEPTION FOR REASONABLE FORCE Under COVERAGES, Coverage A – Bodily Injury And Property Damage Liability, the paragraph entitledExclusions is amended to delete the exclusion entitled Expected or Intended Injury and replace it with the following: This insurance does not apply to: Expected or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the Insured. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. 11. GENERAL AGGREGATE LIMITS OF INSURANCE - PER LOCATION A.A separate Location General Aggregate Limit, equal to the amount of the General Aggregate Limit, is the most the Insurer will pay for the sum of: 1.All damages under Coverage A, except damages because of bodily injury or property damage included in the products-completed operations hazard; and 2.All medical expenses under Coverage C, that arise from occurrences or accidents which can be attributed solely to ongoing operations at that location. Such payments shall not reduce the General Aggregate Limit shown in the Declarations, nor the Location General Aggregate Limit of any other location. B.All: 1.Damages under Coverage B, regardless of the number of locations involved; 6020299057CNA74858XX (1-15)Policy No:4Page 7 of 18 Endorsement No:Nat'l Fire Ins Co of Hartford Effective Date:07/01/2019MATERIALS TESTING AND CONSULTING INC.Insured Name: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement DocuSign Envelope ID: 2C446770-4C4C-464D-B00C-CD68341FE59F 2.Damages under Coverage A, caused by occurrences which cannot be attributed solely to ongoing operations at a single location, except damages because of bodily injury or property damage included in the products-completed operations hazard; and 3.Medical expenses under Coverage C caused by accidents which cannot be attributed solely to ongoing operations at a single location, will reduce the General Aggregate Limit shown in the Declarations. C.For the purpose of this GENERAL AGGREGATE LIMITS OF INSURANCE - PER LOCATION Provision, "location" means: 1.a premises the Named Insured owns or rents; or 2.a premises not owned or rented by any Named Insured at which the Named Insured is performing operations pursuant to a contract or written agreement.If operations at such a location have been discontinued and then restarted, or if the authorized parties deviate from plans, blueprints, designs, specifications or timetables, the location will still be deemed to be the same location. For the purpose of determining the applicable aggregate limit of insurance, premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad shall be considered a single location. D.The limits shown in the Declarations for Each Occurrence, for Damage To Premises Rented To You and for Medical Expense continue to apply, but will be subject to either the Location General Aggregate Limit or the General Aggregate Limit, depending on whether the occurrence can be attributed solely to ongoing operations at a particular location. E.When coverage for liability arising out of the products-completed operations hazard is provided, any payments for damages because of bodily injury or property damage included in the products-completed operationshazard, regardless of the number of locations involved, will reduce the Products-Completed Operations Aggregate Limit shown in the Declarations. F.The provisions of LIMITS OF INSURANCE not otherwise modified by this GENERAL AGGREGATE LIMITS OFINSURANCE - PER LOCATION Provision shall continue to apply as stipulated. 12. IN REM ACTIONS A quasi in rem action against any vessel owned or operated by or for the Named Insured, or chartered by or for the Named Insured, will be treated in the same manner as though the action were in personam against the NamedInsured. 13. INCIDENTAL HEALTH CARE MALPRACTICE COVERAGE Solely with respect to bodily injury that arises out of a health care incident: A.Under COVERAGES, Coverage A – Bodily Injury And Property Damage Liability, the Insuring Agreement is amended to replace Paragraphs 1.b.(1) and 1.b.(2) with the following: b.This insurance applies to bodily injury provided that the professional health care services are incidental to the Named Insured's primary business purpose, and only if: (1) such bodily injury is caused by an occurrence that takes place in the coverage territory. (2) the bodily injury first occurs during the policy period. All bodily injury arising from an occurrence will be deemed to have occurred at the time of the first act, error, or omission that is part of the occurrence; and 6020299057CNA74858XX (1-15)Policy No:4Page 8 of 18 Endorsement No:Nat'l Fire Ins Co of Hartford Effective Date:07/01/2019MATERIALS TESTING AND CONSULTING INC.Insured Name: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement DocuSign Envelope ID: 2C446770-4C4C-464D-B00C-CD68341FE59F 50020007460462875749740B.Under COVERAGES, Coverage A – Bodily Injury And Property Damage Liability, the paragraph entitledExclusions is amended to: i.add the following to the Employers Liability exclusion: This exclusion applies only if the bodily injury arising from a health care incident is covered by other liability insurance available to the Insured (or which would have been available but for exhaustion of its limits). ii.delete the exclusion entitled Contractual Liability and replace it with the following: This insurance does not apply to: Contractual Liability the Insured's actual or alleged liability under any oral or written contract or agreement, including but not limited to express warranties or guarantees. iii. to add the following additional exclusions: This insurance does not apply to: Discrimination any actual or alleged discrimination, humiliation or harassment, including but not be limited to claims based on an individual's race, creed, color, age, gender, national origin, religion, disability, marital status or sexual orientation. Dishonesty or Crime Any actual or alleged dishonest, criminal or malicious act, error or omission. Medicare/Medicaid Fraud any actual or alleged violation of law with respect to Medicare, Medicaid, Tricare or any similar federal, state or local governmental program. Services Excluded by Endorsement Any health care incident for which coverage is excluded by endorsement. C.DEFINITIONS is amended to: i.add the following definitions: Health care incident means an act, error or omission by the Named Insured's employees or volunteerworkers in the rendering of: a.professional health care services on behalf of the Named Insured or b.Good Samaritan services rendered in an emergency and for which no payment is demanded or received. Professional health care services means any health care services or the related furnishing of food, beverages, medical supplies or appliances by the following providers in their capacity as such but solely to the extent they are duly licensed as required: a.Physician; 6020299057CNA74858XX (1-15)Policy No:4Page 9 of 18 Endorsement No:Nat'l Fire Ins Co of Hartford Effective Date:07/01/2019MATERIALS TESTING AND CONSULTING INC.Insured Name: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement DocuSign Envelope ID: 2C446770-4C4C-464D-B00C-CD68341FE59F b.Nurse; c.Nurse practitioner; d.Emergency medical technician; e.Paramedic; f.Dentist; g.Physical therapist; h.Psychologist; i.Speech therapist; j.Other allied health professional; or Professional health care services does not include any services rendered in connection with human clinical trials or product testing. ii.delete the definition of occurrence and replace it with the following: Occurrence means a health care incident. All acts, errors or omissions that are logically connected by any common fact, circumstance, situation, transaction, event, advice or decision will be considered to constitute a single occurrence; iii. amend the definition of Insured to: a.add the following: the Named Insured's employees are Insureds with respect to: (1) bodily injury to a co-employee while in the course of the co-employee's employment by theNamed Insured or while performing duties related to the conduct of the Named Insured's business; and (2) bodily injury to a volunteer worker while performing duties related to the conduct of theNamed Insured's business; when such bodily injury arises out of a health care incident. the Named Insured's volunteer workers are Insureds with respect to: (1) bodily injury to a co-volunteer worker while performing duties related to the conduct of theNamed Insured's business; and (2) bodily injury to an employee while in the course of the employee's employment by the NamedInsured or while performing duties related to the conduct of the Named Insured's business; when such bodily injury arises out of a health care incident. b.delete Subparagraphs (a), (b), (c) and (d) of Paragraph 2.a.(1) of WHO IS AN INSURED. D.The Other Insurance condition is amended to delete Paragraph b.(1) in its entirety and replace it with the following: Other Insurance 6020299057CNA74858XX (1-15)Policy No:4Page 10 of 18 Endorsement No:Nat'l Fire Ins Co of Hartford Effective Date:07/01/2019MATERIALS TESTING AND CONSULTING INC.Insured Name: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement DocuSign Envelope ID: 2C446770-4C4C-464D-B00C-CD68341FE59F 50020007460462875749741b.Excess Insurance (1) To the extent this insurance applies, it is excess over any other insurance, self insurance or risk transfer instrument, whether primary, excess, contingent or on any other basis, except for insurance purchased specifically by the Named Insured to be excess of this coverage. 14. JOINT VENTURES / PARTNERSHIP / LIMITED LIABILITY COMPANIES A.Past Joint Ventures, Partnerships, Limited Liability Companies The following is added to WHO IS AN INSURED: If the Named Insured was a joint venturer, partner, or member of a limited liability company and such joint venture, partnership or limited liability company terminated prior to or during the policy period, such NamedInsured is an Insured with respect to its interest in such joint venture, partnership or limited liability company but only to the extent that: a.any offense giving rise to personal and advertising injury occurred prior to such termination date, and thepersonal and advertising injury arising out of such offense, first occurred after such termination date; b.the bodily injury or property damage first occurred after such termination date; and c.there is no other valid and collectible insurance purchased specifically to insure the partnership, joint venture or limited liability company. If the joint venture, partnership or limited liability company is or was insured under a consolidated (wrap-up)insurance program, then such insurance will always be considered valid and collectible for the purpose of paragraph c. above. But this provision will not serve to exclude bodily injury, property damage or personal andadvertising injury that would otherwise be covered under the Architects, Engineers And Surveyors GeneralLiabilityExtensionEndorsementprovisionentitledWRAP-UP EXTENSION:OCIP,CCIP,ORCONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS. Please see that provision for the definition ofconsolidated (wrap-up) insurance program. B.Participation In Current Professional Joint Ventures The following is added to WHO IS AN INSURED: The Named Insured is also an Insured for participation in a current joint venture that is not named on the Declarations, but only if such joint venture meets all of the following criteria: a.Each and every one of the Named Insured's co-venturers are architectural, engineering or surveying firms only; and b.There is no other valid and collectible insurance purchased specifically to insure the joint venture. However, the Named Insured is an Insured only for the conduct of such Named Insured's business within such a joint venture. The Named Insured is not insured for liability arising out of the acts or omissions of other co- venturers, nor of their partners, members or employees. C.WHO IS AN INSURED is amended to delete its last paragraph and replace it with the following: Except as provided under this Architects,Engineers And Surveyors General Liability ExtensionEndorsement or by the attachment of another endorsement (if any), no person or organization is an Insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. 6020299057CNA74858XX (1-15)Policy No:4Page 11 of 18 Endorsement No:Nat'l Fire Ins Co of Hartford Effective Date:07/01/2019MATERIALS TESTING AND CONSULTING INC.Insured Name: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement DocuSign Envelope ID: 2C446770-4C4C-464D-B00C-CD68341FE59F 15. LEGAL LIABILITY – DAMAGE TO PREMISES / ALIENATED PREMISES / PROPERTY IN THE NAMEDINSURED'S CARE, CUSTODY OR CONTROL A.Under COVERAGES, Coverage A – Bodily Injury and Property Damage Liability, the paragraph entitledExclusions is amended to delete exclusion j. Damage to Property in its entirety and replace it with the following: This insurance does not apply to: j.Damage to Property Property damage to: (1) Property the Named Insured owns, rents, or occupies, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2) Premises the Named Insured sells, gives away or abandons, if the property damage arises out of any part of those premises; (3) Property loaned to the Named Insured; (4) Personal property in the care, custody or control of the Insured; (5) That particular part of real property on which the Named Insured or any contractors or subcontractors working directly or indirectly on the Named Insured's behalf are performing operations, if the propertydamage arises out of those operations; or (6) That particular part of any property that must be restored, repaired or replaced because your work was incorrectly performed on it. Paragraphs (1), (3) and (4) of this exclusion do not apply to property damage (other than damage by fire) to premises rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner, nor to the contents of premises rented to the Named Insured for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in LIMITS OF INSURANCE. Paragraph (2) of this exclusion does not apply if the premises are your work. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph (6) of this exclusion does not apply to property damage included in the products-completedoperations hazard. Paragraphs (3) and (4) of this exclusion do not apply to property damage to: i.tools, or equipment the Named Insured borrows from others, nor ii.other personal property of others in the Named Insured's care, custody or control while being used in theNamed Insured's operations away from any Named Insured's premises. However, the coverage granted by this exception to Paragraphs (3) and (4) does not apply to: a.property at a job site awaiting or during such property's installation, fabrication, or erection; b.property that is mobile equipment leased by an Insured; 6020299057CNA74858XX (1-15)Policy No:4Page 12 of 18 Endorsement No:Nat'l Fire Ins Co of Hartford Effective Date:07/01/2019MATERIALS TESTING AND CONSULTING INC.Insured Name: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement DocuSign Envelope ID: 2C446770-4C4C-464D-B00C-CD68341FE59F 50020007460462875749742c.property that is an auto, aircraft or watercraft; d.property in transit; or e.any portion of property damage for which the Insured has available other valid and collectible insurance, or would have such insurance but for exhaustion of its limits, or but for application of one of its exclusions. A separate limit of insurance and deductible apply to such property of others. See LIMITS OF INSURANCE as amended below. B.Under COVERAGES, Coverage A – Bodily Injury and Property Damage Liability, the paragraph entitledExclusions is amended to delete its last paragraph and replace it with the following: Exclusions c. through n. do not apply to damage by fire to premises while rented to a Named Insured or temporarily occupied by a Named Insured with permission of the owner, nor to damage to the contents of premises rented to a Named Insured for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in LIMITS OF INSURANCE. C.The following paragraph is added to LIMITS OF INSURANCE: Subject to 5. above, $25,000 is the most the Insurer will pay under Coverage A for damages arising out of any one occurrence because of the sum of all property damage to borrowed tools or equipment, and to other personal property of others in the Named Insured's care, custody or control, while being used in the NamedInsured's operations away from any Named Insured's premises. The Insurer's obligation to pay such propertydamage does not apply until the amount of such property damage exceeds $1,000. The Insurer has the right but not the duty to pay any portion of this $1,000 in order to effect settlement. If the Insurer exercises that right, theNamed Insured will promptly reimburse the Insurer for any such amount. D.Paragraph 6., Damage To Premises Rented To You Limit, of LIMITS OF INSURANCE is deleted and replaced by the following: 6.Subject to Paragraph 5. above, (the Each Occurrence Limit), the Damage To Premises Rented To You Limit is the most the Insurer will pay under Coverage A for damages because of property damage to any one premises while rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner, including contents of such premises rented to the Named Insured for a period of 7 or fewer consecutive days. The Damage To Premises Rented To You Limit is the greater of: a.$500,000; or b.The Damage To Premises Rented To You Limit shown in the Declarations. E.Paragraph 4.b.(1)(a)(ii) of the Other Insurance Condition is deleted and replaced by the following: (ii) That is property insurance for premises rented to the Named Insured, for premises temporarily occupied by the Named Insured with the permission of the owner; or for personal property of others in the NamedInsured's care, custody or control; 16. LIQUOR LIABILITY Under COVERAGES, Coverage A – Bodily Injury and Property Damage Liability, the paragraph entitledExclusions is amended to delete the exclusion entitled Liquor Liability. This LIQUOR LIABILITY Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 6020299057CNA74858XX (1-15)Policy No:4Page 13 of 18 Endorsement No:Nat'l Fire Ins Co of Hartford Effective Date:07/01/2019MATERIALS TESTING AND CONSULTING INC.Insured Name: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement DocuSign Envelope ID: 2C446770-4C4C-464D-B00C-CD68341FE59F 17. MEDICAL PAYMENTS A.LIMITS OF INSURANCE is amended to delete Paragraph 7. (the Medical Expense Limit) and replace it with the following: 7.Subject to Paragraph 5. above (the Each Occurrence Limit), the Medical Expense Limit is the most the Insurer will pay under Coverage C for all medical expenses because of bodily injury sustained by any one person. The Medical Expense Limit is the greater of: (1) $15,000 unless a different amount is shown here:$N,NNN,NNN,NNN;or (2) the amount shown in the Declarations for Medical Expense Limit. B.Under COVERAGES, the Insuring Agreement of Coverage C – Medical Payments is amended to replace Paragraph 1.a.(3)(b) with the following: (b) The expenses are incurred and reported to the Insurer within three years of the date of the accident; and 18. NON-OWNED AIRCRAFT Under COVERAGES, Coverage A – Bodily Injury and Property Damage Liability, the paragraph entitledExclusions is amended as follows: The exclusion entitled Aircraft, Auto or Watercraft is amended to add the following: This exclusion does not apply to an aircraft not owned by any Named Insured, provided that: 1.the pilot in command holds a currently effective certificate issued by the duly constituted authority of the United States of America or Canada, designating that person as a commercial or airline transport pilot; 2.the aircraft is rented with a trained, paid crew to the Named Insured; and 3.the aircraft is not being used to carry persons or property for a charge. 19. NON-OWNED WATERCRAFT Under COVERAGES, Coverage A – Bodily Injury and Property Damage Liability, the paragraph entitledExclusions is amended to delete subparagraph (2) of the exclusion entitled Aircraft, Auto or Watercraft, and replace it with the following. This exclusion does not apply to: (2) a watercraft that is not owned by any Named Insured, provided the watercraft is: (a) less than 75 feet long; and (b) not being used to carry persons or property for a charge. 20. PERSONAL AND ADVERTISING INJURY –DISCRIMINATION OR HUMILIATION A.Under DEFINITIONS, the definition of personal and advertising injury is amended to add the following tort: Discrimination or humiliation that results in injury to the feelings or reputation of a natural person. B.Under COVERAGES, Coverage B – Personal and Advertising Injury Liability, the paragraph entitledExclusions is amended to: 1.delete the Exclusion entitled Knowing Violation Of Rights Of Another and replace it with the following: 6020299057CNA74858XX (1-15)Policy No:4Page 14 of 18 Endorsement No:Nat'l Fire Ins Co of Hartford Effective Date:07/01/2019MATERIALS TESTING AND CONSULTING INC.Insured Name: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement DocuSign Envelope ID: 2C446770-4C4C-464D-B00C-CD68341FE59F 50020007460462875749743This insurance does not apply to: Knowing Violation of Rights of Another Personal and advertising injury caused by or at the direction of the Insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury. This exclusion shall not apply to discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is not done intentionally by or at the direction of: (a) the Named Insured; or (b) any executive officer, director, stockholder, partner, member or manager (if the Named Insured is a limited liability company) of the Named Insured. 2.add the following exclusions: This insurance does not apply to: Employment Related Discrimination discrimination or humiliation directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person by any Insured. Premises Related Discrimination discrimination or humiliation arising out of the sale, rental, lease or sub-lease or prospective sale, rental, lease or sub-lease of any room, dwelling or premises by or at the direction of any Insured. Notwithstanding the above, there is no coverage for fines or penalties levied or imposed by a governmental entity because of discrimination. The coverage provided by this PERSONAL AND ADVERTISING INJURY –DISCRIMINATION OR HUMILIATION Provision does not apply to any person or organization whose status as an Insured derives solely from Provision 1. ADDITIONAL INSURED of this endorsement; or attachment of an additional insured endorsement to this Coverage Part. 21. PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY A.Under COVERAGES, Coverage B –Personal and Advertising Injury Liability, the paragraph entitledExclusions is amended to delete the exclusion entitled Contractual Liability. B.Solely for the purpose of the coverage provided by this PERSONAL AND ADVERTISING INJURY - LIMITEDCONTRACTUALLIABILITYprovision,the following changes are made to the section entitledSUPPLEMENTARY PAYMENTS – COVERAGES A AND B: 1.Paragraph 2.d. is replaced by the following: d.The allegations in the suit and the information the Insurer knows about the offense alleged in such suit are such that no conflict appears to exist between the interests of the Insured and the interests of the indemnitee; 2.The first unnumbered paragraph beneath Paragraph 2.f.(2)(b) is deleted and replaced by the following: So long as the above conditions are met, attorney's fees incurred by the Insurer in the defense of that indemnitee, necessary litigation expenses incurred by the Insurer, and necessary litigation expenses incurred 6020299057CNA74858XX (1-15)Policy No:4Page 15 of 18 Endorsement No:Nat'l Fire Ins Co of Hartford Effective Date:07/01/2019MATERIALS TESTING AND CONSULTING INC.Insured Name: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement DocuSign Envelope ID: 2C446770-4C4C-464D-B00C-CD68341FE59F by the indemnitee at the Insurer's request will be paid as defense costs. Such payments will not be deemed to be damages for personal and advertising injury and will not reduce the limits of insurance. C.This PERSONAL AND ADVERTISING INJURY - LIMITED CONTRACTUAL LIABILITY Provision does not apply if Coverage B –Personal and Advertising Injury Liability is excluded by another endorsement attached to thisCoverage Part. This PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 22. PROPERTY DAMAGE – ELEVATORS A.Under COVERAGES, Coverage A – Bodily Injury and Property Damage Liability, the paragraph entitledExclusions is amended such that the Damage to Your Product Exclusion and subparagraphs (3), (4) and (6) of the Damage to Property Exclusion do not apply to property damage that results from the use of elevators. B.Solely for the purpose of the coverage provided by this PROPERTY DAMAGE – ELEVATORS Provision, theOther Insurance conditions is amended to add the following paragraph: This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis that is Property insurance covering property of others damaged from the use of elevators. 23. RETIRED PARTNERS, MEMBERS, DIRECTORS AND EMPLOYEES WHO IS INSURED is amended to include as Insureds natural persons who are retired partners, members, directors or employees, but only for bodily injury, property damage or personal and advertising injury that results from services performed for the Named Insured under the Named Insured's direct supervision. All limitations that apply toemployees and volunteer workers also apply to anyone qualifying as an Insured under this Provision. 24. SUPPLEMENTARY PAYMENTS The section entitled SUPPLEMENTARY PAYMENTS – COVERAGES A AND B is amended as follows: A.Paragraph 1.b. is amended to delete the $250 limit shown for the cost of bail bonds and replace it with a $5,000. limit; and B.Paragraph 1.d. is amended to delete the limit of $250 shown for daily loss of earnings and replace it with a $1,000. limit. 25. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If the Named Insured unintentionally fails to disclose all existing hazards at the inception date of the NamedInsured's Coverage Part, the Insurer will not deny coverage under this Coverage Part because of such failure. 26. WAIVER OF SUBROGATION - BLANKET Under CONDITIONS, the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended to add the following: The Insurer waives any right of recovery the Insurer may have against any person or organization because of payments the Insurer makes for injury or damage arising out of: 1.the Named Insured's ongoing operations; or 2.your work included in the products-completed operations hazard. However, this waiver applies only when the Named Insured has agreed in writing to waive such rights of recovery in a written contract or written agreement, and only if such contract or agreement: 6020299057CNA74858XX (1-15)Policy No:4Page 16 of 18 Endorsement No:Nat'l Fire Ins Co of Hartford Effective Date:07/01/2019MATERIALS TESTING AND CONSULTING INC.Insured Name: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement DocuSign Envelope ID: 2C446770-4C4C-464D-B00C-CD68341FE59F 500200074604628757497441.is in effect or becomes effective during the term of this Coverage Part; and 2.was executed prior to the bodily injury, property damage or personal and advertising injury giving rise to theclaim. 27. WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS Note: The following provision does not apply to any public construction project in the state of Oklahoma, nor to any construction project in the state of Alaska, that is not permitted to be insured under a consolidated (wrap-up)insurance program by applicable state statute or regulation. If the endorsement EXCLUSION – CONSTRUCTION WRAP-UP is attached to this policy, or another exclusionary endorsement pertaining to Owner Controlled Insurance Programs (O.C.I.P.) or Contractor Controlled Insurance Programs (C.C.I.P.) is attached, then the following changes apply: A.The following wording is added to the above-referenced endorsement: With respect to a consolidated (wrap-up) insurance program project in which the Named Insured is or was involved, this exclusion does not apply to those sums the Named Insured become legally obligated to pay asdamages because of: 1.Bodily injury, property damage, or personal or advertising injury that occurs during the Named Insured's ongoing operations at the project, or during such operations of anyone acting on the Named Insured's behalf; nor 2.Bodily injury or property damage included within the products-completed operations hazard that arises out of those portions of the project that are not residential structures. B.Condition 4. Other Insurance is amended to add the following subparagraph 4.b.(1)(c): This insurance is excess over: (c) Any of the other insurance whether primary, excess, contingent or any other basis that is insurance available to the Named Insured as a result of the Named Insured being a participant in a consolidated (wrap-up)insurance program, but only as respects the Named Insured's involvement in that consolidated (wrap-up)insurance program. C.DEFINITIONS is amended to add the following definitions: Consolidated (wrap-up) insurance program means a construction, erection or demolition project for which the prime contractor/project manager or owner of the construction project has secured general liability insurance covering some or all of the contractors or subcontractors involved in the project, such as an Owner Controlled Insurance Program (O.C.I.P.) or Contractor Controlled Insurance Program (C.C.I.P.). Residential structure means any structure where 30% or more of the square foot area is used or is intended to be used for human residency, including but not limited to: 1.single or multifamily housing, apartments, condominiums, townhouses, co-operatives or planned unit developments; and 2.the common areas and structures appurtenant to the structures in paragraph 1. (including pools, hot tubs, detached garages, guest houses or any similar structures). However, when there is no individual ownership of units, residential structure does not include military housing, college/university housing or dormitories, long term care facilities, hotels or motels. Residential structure also does not include hospitals or prisons. 6020299057CNA74858XX (1-15)Policy No:4Page 17 of 18 Endorsement No:Nat'l Fire Ins Co of Hartford Effective Date:07/01/2019MATERIALS TESTING AND CONSULTING INC.Insured Name: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement DocuSign Envelope ID: 2C446770-4C4C-464D-B00C-CD68341FE59F This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. This WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. All other terms and conditions of the Policy remain unchanged. 6020299057CNA74858XX (1-15)Policy No:4Page 18 of 18 Endorsement No:Nat'l Fire Ins Co of Hartford Effective Date:07/01/2019MATERIALS TESTING AND CONSULTING INC.Insured Name: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement DocuSign Envelope ID: 2C446770-4C4C-464D-B00C-CD68341FE59F CNA63359XX (Ed.04/12) THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. CONTRACTORS EXTENDED COVERAGE ENDORSEMENT -BUSINESS AUTO PLUS - This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM name,with your permission,while performingI.LIABILITY COVERAGE duties related to the conduct of your business. A.Who Is An Insured "Policy,"as used in this provision A.Who Is An The following is added to Section II,Paragraph Insured,includes those policies that were in force A.1.,Who Is An Insured:on the inception date of this Coverage Form but: 1.a.Any incorporated entity of which the 1.Which are no longer in force;or Named Insured owns a majority of the 2.Whose limits have been exhausted.voting stock on the date of inception of this Coverage Form;provided that,B.Bail Bonds and Loss of Earnings b.The insurance afforded by this provision Section II,Paragraphs A.2.(2)and A.2.(4)areA.1.does not apply to any such entity revised as follows:that is an "insured"under any other 1.In a.(2),the limit for the cost of bail bonds isliability"policy"providing "auto"coverage. changed from $2,000 to $5,000;and2.Any organization you newly acquire or form, 2.In a.(4),the limit for the loss of earnings isotherthanalimitedliabilitycompany, changed from $250 to $500 a day.partnership or joint venture,and over which you maintain majority ownership interest.C.Fellow Employee The insurance afforded by this provision A.2.:Section II,Paragraph B.5 does not apply. a.Is effective on the acquisition or formation Such coverage as is afforded by this provision C.date,and is afforded only until the end of is excess over any other collectible insurance.the policy period of this Coverage Form, II.PHYSICAL DAMAGE COVERAGEorthenextanniversaryofitsinception date,whichever is earlier.A.Glass Breakage –Hitting A Bird Or Animal – b.Falling Objects Or MissilesDoesnotapplyto: (1)Section III,Paragraph"Bodily injury"or "property damage"The following is added to A.3.caused by an "accident"that : occurred before you acquired or With respect to any covered "auto,"any deductibleformedtheorganization;or shown in the Declarations will not apply to glass (2)Any such organization that is an breakage if such glass is repaired,in a manner "insured"under any other liability acceptable to us,rather than replaced. "policy"providing "auto"coverage.B.Transportation Expenses 3.Any person or organization that you are Section III,Paragraph A.4.a.is revised,withrequiredbyawrittencontracttonameasanrespecttotransportationexpenseincurredbyyou,additional insured is an "insured"but only with to provide:respect to their legal liability for acts or omissions of a person,who qualifies as an a.$60 per day,in lieu of $20;subject to "insured"under Section II –Who Is An b.$1,800 maximum,in lieu of $600.Insured and for whom Liability Coverage is afforded under this policy.If required by C.Loss of Use Expenses written contract,this insurance will be primary Section III,Paragraph A.4.b.is revised,withandnon-contributory to insurance on which respect to loss of use expenses incurred by you,the additional insured is a Named Insured. to provide:4.An "employee"of yours is an "insured"while a.$1,000 maximum,in lieu of $600.operating an "auto"hired or rented under a contract or agreement in that "employee's" CNA63359XX Page 1 of 3Copyright,CNA Corporation,2000. (Ed.04/12)Includes copyrighted material of theInsurance Services Office used with its permission.30020008860462875889773DocuSign Envelope ID: 2C446770-4C4C-464D-B00C-CD68341FE59F CNA63359XX (Ed.04/12) D.Hired "Autos"d.A $100 per occurrence deductible applies to the coverage provided by this provision.The following is added to Section III.Paragraph A.:G.Diminution In Value 5.Hired "Autos"The following is added to Section III,Paragraph B.6.:If Physical Damage coverage is provided under this policy,and such coverage does not extend to Subject to the following,the "diminution in value" Hired Autos,then Physical Damage coverage is exclusion does not apply to: extended to:a.Any covered "auto"of the private a.Any covered "auto"you lease,hire,rent passenger type you lease,hire,rent or or borrow without a driver;and borrow,without a driver for a period of 30 days or less,while performing dutiesb.Any covered "auto"hired or rented by related to the conduct of your business;your "employee"without a driver,under a andcontractinthatindividual"employee's" name,with your permission,while b.Any covered "auto"of the private performing duties related to the conduct passenger type hired or rented by your of your business."employee"without a driver for a period of 30 days or less,under a contract in thatc.The most we will pay for any one individual "employee's"name,with your"accident"or "loss"is the actual cash permission,while performing dutiesvalue,cost of repair,cost of replacement related to the conduct of your business.or $75,000,whichever is less,minus a $500 deductible for each covered auto.c.Such coverage as is provided by this No deductible applies to "loss"caused by provision is limited to a "diminution in fire or lightning.value"loss arising directly out of accidental damage and not as a result ofd.The physical damage coverage as is the failure to make repairs;faulty orprovidedbythisprovisionisequaltotheincompletemaintenanceorrepairs;or thephysicaldamagecoverage(s)provided on installation of substandard parts.your owned "autos." d.The most we will pay for "loss"to ae.Such physical damage coverage for hired covered "auto"in any one accident is the"autos"will:lesser of: (1)Include loss of use,provided it is the (1)$5,000;orconsequenceofan"accident"for which the Named Insured is legally (2)20%of the "auto's"actual cash value liable,and as a result of which a (ACV). monetary loss is sustained by the III.Drive Other Car Coverage –Executive Officersleasingorrentalconcern. The following is added to Sections II and III:(2)Such coverage as is provided by this provision will be subject to a limit of 1.Any "auto"you don't own,hire or borrow is a $750 per "accident."covered "auto"for Liability Coverage while being used by,and for Physical Damage CoverageE.Airbag Coverage while in the care,custody or control of,any of your The following is added to Section III,Paragraph "executive officers,"except: B.3.:a.An "auto"owned by that "executive officer"or The accidental discharge of an airbag shall not be a member of that person's household;or considered mechanical breakdown.b.An "auto"used by that "executive officer" F.Electronic Equipment while working in a business of selling, servicing,repairing or parking "autos."Section III,Paragraphs B.4.c and B.4.d.are deleted and replaced by the following:Such Liability and/or Physical Damage Coverage as is afforded by this provision.c.Physical Damage Coverage on a covered "auto"also applies to "loss"to any (1)Equal to the greatest of those coverages permanently installed electronic equipment afforded any covered "auto";and including its antennas and other accessories. CNA63359XX Page 2 of 3Copyright,CNA Corporation,2000. (Ed.04/12)Includes copyrighted material of theInsurance Services Office used with its permission. DocuSign Envelope ID: 2C446770-4C4C-464D-B00C-CD68341FE59F CNA63359XX (Ed.04/12) (2)Excess over any other collectible damage,against any person or organization for insurance.whom or which you are required by written contract or agreement to obtain this waiver from2.For purposes of this provision,"executive officer"us.means a person holding any of the officer positions created by your charter,constitution,by-This injury or damage must arise out of your laws or any other similar governing document,activities under a contract with that person or and,while a resident of the same household,organization. includes that person's spouse.You must agree to that requirement prior to an Such "executive officers"are "insureds"while "accident"or "loss." using a covered "auto"described in this provision.C.Concealment,Misrepresentation or Fraud IV.BUSINESS AUTO CONDITIONS The following is added to Section IV,Paragraph A.Duties In The Event Of Accident,Claim,Suit Or B.2.: Loss Your failure to disclose all hazards existing on the date The following is added to Section IV,Paragraph of inception of this Coverage Form shall not prejudice A.2.a.:you with respect to the coverage afforded provided such failure or omission is not intentional.(4)Your "employees"may know of an "accident"or "loss."This will not mean D.Other Insurance that you have such knowledge,unless The following is added to Section IV,Paragraphsuch"accident"or "loss"is known to you B.5.:or if you are not an individual,to any of your executive officers or partners or your Regardless of the provisions of Paragraphs 5.a. insurance manager.and 5.d.above,the coverage provided by this policy shall be on a primary non-contributoryThefollowingisaddedtoSectionIV,Paragraph basis.This provision is applicable only whenA.2.b.:required by a written contract.That written (6)Your "employees"may know of contract must have been entered into prior to documents received concerning a claim "Accident"or "Loss." or "suit."This will not mean that you have E.Policy Period,Coverage Territorysuchknowledge,unless receipt of such documents is known to you or if you are Section IV,Paragraph B.7.(5).(a).is revised to not an individual,to any of your executive provide: officers or partners or your insurance a.45 days of coverage in lieu of 30 days.manager. V.DEFINITIONSB.Transfer Of Rights Of Recovery Against Others To Us Section V.Paragraph C.is deleted and replaced by the following:The following is added to Section IV,Paragraph A.5.Transfer Of Rights Of Recovery Against "Bodily injury"means bodily injury,sickness or diseaseOthersToUs:sustained by a person,including mental anguish, mental injury or death resulting from any of these.We waive any right of recovery we may have, because of payments we make for injury or CNA63359XX Page 3 of 3Copyright,CNA Corporation,2000. (Ed.04/12)Includes copyrighted material of theInsurance Services Office used with its permission.30020008860462875889774DocuSign Envelope ID: 2C446770-4C4C-464D-B00C-CD68341FE59F 50020007460462875749746This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I.WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused in whole or in part by your acts or omissions, or the acts or omissions of those acting on your behalf: A.in the performance of your ongoing operations subject to such written contract; or B.in the performance of your work subject to such written contract, but only with respect to bodily injury or property damage included in the products-completed operations hazard, and only if: 1.the written contract requires you to provide the additional insured such coverage; and 2.this coverage part provides such coverage. II.But if the written contract requires: A.additional insured coverage under the 11-85 edition, 10-93 edition, or 10-01 edition of CG2010, or under the 10- 01 edition of CG2037; or B.additional insured coverage with "arising out of" language; or C.additional insured coverage to the greatest extent permissible by law; then paragraph I. above is deleted in its entirety and replaced by the following: WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of your work that is subject to such written contract. III. Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: A.coverage broader than required by the written contract; or B.a higher limit of insurance than required by the written contract. IV. The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property damage, or personal and advertising injury arising out of: A.the rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: 1.the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and 2.supervisory, inspection, architectural or engineering activities; or B.any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part. V.Under COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance is amended to add the following, which supersedes any provision to the contrary in this Condition or elsewhere in this coverage part: 6020299057CNA75079XX (10-16)Policy No:6Page 1 of 2 Endorsement No:Nat'l Fire Ins Co of Hartford Effective Date:07/01/2019MATERIALS TESTING AND CONSULTING INC.Insured Name: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products-Completed Operations Coverage Endorsement DocuSign Envelope ID: 2C446770-4C4C-464D-B00C-CD68341FE59F This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. Primary and Noncontributory Insurance With respect to other insurance available to the additional insured under which the additional insured is a named insured, this insurance is primary to and will not seek contribution from such other insurance, provided that a written contract requires the insurance provided by this policy to be: 1.primary and non-contributing with other insurance available to the additional insured; or 2.primary and to not seek contribution from any other insurance available to the additional insured. But except as specified above, this insurance will be excess of all other insurance available to the additional insured. VI. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of the following: Any additional insured pursuant to this endorsement will as soon as practicable: 1.give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim; 2.send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation, defense, or settlement of the claim; and 3.make available any other insurance, and tender the defense and indemnity of any claim to any other insurer or self-insurer, whose policy or program applies to a loss that the Insurer covers under this coverage part. However, if the written contract requires this insurance to be primary and non-contributory, this paragraph 3. does not apply to insurance on which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. VII. Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires you to make a person or organization an additional insured on this coverage part, provided the contract or agreement: A.is currently in effect or becomes effective during the term of this policy; and B.was executed prior to: 1.the bodily injury or property damage; or 2.the offense that caused the personal and advertising injury; for which the additional insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged. 6020299057CNA75079XX (10-16)Policy No:6Page 2 of 2 Endorsement No:Nat'l Fire Ins Co of Hartford Effective Date:07/01/2019MATERIALS TESTING AND CONSULTING INC.Insured Name: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products-Completed Operations Coverage Endorsement DocuSign Envelope ID: 2C446770-4C4C-464D-B00C-CD68341FE59F