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HomeMy WebLinkAboutC2025-050 - 3/18/2025 - Approved �s oggus c.�` o� SERVICE AGREEMENT NO. 6470 H CITY OF CORPUS CHRISTI v MASTER SERVICES AGREEMENT FOR GEOTECHNICAL AND N`°"'°" 1852 CONSTRUCTION MATERIALS TESTING This Agreement is between the City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or designee and Professional Service Industries, Inc., 810 S. Padre Island Drive, Corpus Christi, Texas 78416 ("Lab"). TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I — PROJECT TASK ORDER................................................................................................2 ARTICLE II — COMPENSATION...........................................................................................................2 ARTICLE III — INSURANCE REQUIREMENTS....................................................................................3 ARTICLE IV - INDEMNIFICATION .......................................................................................................3 ARTICLE V— TERM; RENEWALS; TIMES FOR RENDERING SERVICE...........................................4 ARTICLE VI - TERMINATION OF AGREEMENT.................................................................................4 ARTICLE VII — RECORD RETENTION; RIGHT OF REVIEW AND AUDIT..........................................4 ARTICLE VIII — MISCELLANEOUS PROVISIONS...............................................................................5 EXHIBIT A TERMS AND CONDITIONS EXHIBIT B SCOPE OF WORK Page 1 Rev Nov 2022 ARTICLE I — PROJECT TASK ORDER 1.1 This Agreement shall apply to as many tasks as City and Lab agree will be performed under the terms and conditions of this Agreement. Each task Lab performs for City hereunder shall be designated a Task Order. No Task Order shall be binding or enforceable unless and until it has been properly executed by both City and Lab. Each properly executed Task Order shall become a separate supplemental agreement to this Agreement. 1.2 The Lab shall provide its Scope of Services, to be included in each Task Order. The Scope of Services shall include all associated services required for Lab to provide such Services, pursuant to this Agreement, and any and all Services which would normally be required by law or common due diligence in accordance with the standard of care defined in Article Vill of this Agreement. Lab will perform the services in accordance with the approved Scope of Services and with Lab's response to the Request for Qualifications related to this project,which response is incorporated by reference into this Agreement as if set out here in its entirety. 1.3 All services provided by Lab shall be performed in accordance with the Terms and Conditions to this Master Services Agreement attached hereto and incorporated herein as Exhibit A. All work will be subject to authorization from City. A detailed Scope of Services and fee estimate will be developed for each task prior to execution of work. 1.4 The general scope for these Task Orders is outlined in Exhibit B. More specific scope of work will be issued for pricing when a task order is needed. 1.5 Lab must provide all labor, equipment and transportation necessary to complete all services agreed to in a timely manner throughout the term of the Agreement. Persons retained by Lab to perform work pursuant to this Agreement shall be employees or subcontractors or subconsultants of Lab. Lab must provide City with a list of all subcontractors/subconsultants that includes the services performed by the subcontractors/subconsultants and the percentage of work performed by the subcontractor/subconsultant. Changes in Lab's team that provides services under this Agreement must be agreed to by the City in writing. 1.6 Lab must not begin work on any Task Order authorized under this Agreement until they are briefed on the scope of the Project and are issued the fully executed Task Order to proceed. ARTICLE II — COMPENSATION 2.1 The Compensation for all services performed under this Agreement shall not exceed $3,000,000. 2.2 The Lab's fee for each Task Order will be on a quantity and unit price basis or lump sum basis with a negotiated not-to-exceed amount. The fees will not exceed those set out in the Task Order and will be full and total compensation for all services outlined in each Task Order, and for all expenses incurred in performing these services. 2.3 Lab shall price Task Orders in accordance with Exhibit C, Rate Schedule, subject to approval by the City. 2.3 All services shall be performed in accordance with the applicable standard of professional care set forth herein and to City's satisfaction,which satisfaction shall be judged by the Director in his/her sole discretion. City shall not be liable for any payment under this Agreement for services which are unsatisfactory and which previously have not been approved by the Director. Page 2 Rev Nov 2022 2.4 In the event of any dispute(s) between the Parties regarding the amount properly compensable for any Task Order or as final compensation or regarding any amount that may be withheld by City, Lab shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided herein for the resolution of such dispute. In the event Lab does not initiate and follow the claims procedures provided in this Agreement in a timely manner and as required by the terms thereof, any such claim shall be waived. 2.5 Lab will submit progress invoices to City Engineer monthly and final invoice upon completion of services. Each invoice is due and payable by City within 30 days of receipt and approval to pay by the City Engineer. 2.6 Request for final compensation by Lab shall constitute a waiver of claims except those previously made in writing and identified by Lab as unsettled at the time of final Payment Request. 2.7 Any fee payable under this Agreement is subject to the availability of funds. The Lab may be directed to suspend work pending receipt and appropriation of funds. ARTICLE III — INSURANCE REQUIREMENTS 3.1 Lab must not commence work under this Agreement until all required insurance has been obtained, and such insurance has been approved by the City. Lab must not allow any subcontractor or subconsultant to commence work under this Agreement until all similar insurance required of any subcontractor or subconsultant has been obtained. 3.2 Insurance Requirements for this Agreement are set out in the Terms and Conditions to this Agreement which is attached hereto and incorporated herein as Exhibit A. ARTICLE IV- INDEMNIFICATION Lab shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees, or other entity, excluding the engineer or architect or that person's agent, employee or consultant, over which the City exercises control ("Indemnitee") from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by Lab or its agent, Lab under contract or another entity over which Lab exercises control while in the exercise of rights or performance of the duties under this agreement. This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. Lab shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, included in the indemnification above if the claim is not based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee. If a claim is based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee, the Lab shall reimburse the City's reasonable attorney's fees in proportion to the Lab's liability. Lab must advise City in writing within 24 hours of any claim or demand against City or Lab known to Lab related to or arising out of Lab's activities under this Agreement. Page 3 Rev Nov 2022 ARTICLE V— TERM; RENEWALS; TIMES FOR RENDERING SERVICE 5.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date). 5.2 This Agreement shall be applicable to all Task Orders issued hereunder from the Effective Date of the Agreement until Task Orders are complete. 5.3.1 The term of this Agreement shall be for a period of three years beginning on the Effective Date, unless extended by authority of the City Manager or designee. 5.4 The times for performing services or providing deliverables will be stated in each Task Order. If no times are so stated, Lab will perform services and provide deliverables within a reasonable time. ARTICLE VI - TERMINATION OF AGREEMENT 6.1 City may terminate this Agreement or Task Order under this Agreement,with or without cause, upon seven days written notice to Lab at the address of record. 6.2 Lab will be compensated for authorized services completed up to the date of termination. ARTICLE VII — RECORD RETENTION; RIGHT OF REVIEW AND AUDIT 7.1 Lab grants City, or its designees, the right to audit, examine or inspect, at City's election, all of Lab's records relating to the work and/or services provided under this Agreement, during the term of this Agreement and retention period herein. The audit, examination or inspection may be performed by a City designee,which may include its internal auditors or an outside representative engaged by City. Lab agrees to retain its records for a minimum of four(4)years following termination of the Agreement, unless there is an ongoing dispute under this Agreement, then such retention period shall extend until final resolution of the dispute. 7.2 "Lab's records" include any and all information, materials and data of every kind and character generated as a result of the Work under this Agreement. Examples include billings, books, general ledger, cost ledgers, invoices, production sheets, documents, correspondence, meeting notes, subscriptions, agreements, purchase orders, leases, contracts, commitments,arrangements, notes,daily diaries, reports, drawings, receipts, vouchers, memoranda, time sheets, payroll records, policies, procedures, federal and state tax filings for issue in questions and any and all other agreements,sources of information and matters that may, in City's judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Agreement Documents. 7.3 City agrees that it shall exercise the right to audit, examine or inspect Lab's records only during City's regular business hours. Lab agrees to allow City's designee access to all of Lab's records, Lab's facilities and Lab's current or former employees, deemed necessary by City or its designee(s), to perform such audit, inspection or examination. Lab also agrees to provide adequate and appropriate work space necessary to City or its designees to conduct such audits, inspections or examinations. 7.4 Lab shall include this audit clause in any subcontractor, supplier or vendor contract. Page 4 Rev Nov 2022 ARTICLE Vill — MISCELLANEOUS PROVISIONS 8.1 Assignability. The Lab will not assign, transfer or delegate any of its obligations or duties in this Agreement to any other person without the prior written consent of the City, except for routine duties delegated to personnel of the Lab staff. If the Lab is a partnership, then in the event of the termination of the partnership, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the Lab fee may be assigned in advance of receipt by the Lab without written consent of the City. The City will not pay the fees of experts or technical assistance or other Labs unless such employment, including the rate of compensation, has been approved in writing by the City. 8.2 Ownership of Documents. Lab agrees that upon payment, City shall exclusively own any and all information in whatsoeverform and character produced and/or maintained in accordance with, pursuantto or as a result of this Agreement, including contract documents (plans and specifications), drawings, test results and submittal data. Lab may retain a copy for its files. 8.3 Standard of Care. Services performed by Lab will be conducted in a manner consistent with that level of skill and care ordinarily provided by competent members of the profession practicing under the same or similar circumstances and professional license. 8.4 Licensing. Lab shall be represented by personnel with appropriate Iicensure, registration and/or certification(s)at meetings of any official nature concerning the Project, including scope meetings, review meetings, pre-bid meetings and preconstruction meetings. 8.5 Entire Agreement. This Agreement, including Task Orders, represents the entire and integrated Agreement between City and Lab and supersedes all prior negotiations, representations or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both the City and Lab. 8.6 Disclosure of Interest. Lab agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form as part of this contract. 8.7 Certificate of Interested Parties. Lab agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf info_forml295.htm. The form must then be printed, signed and filed with the City. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46.htm1. 8.8 Conflict of Interest. Lab agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City Secretary's Office, if required. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city-secretary/conflict-disclosure/index 8.9 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. 8.10 Provisions Required by Law. Each applicable provision and clause required by law to be inserted into the Agreement shall be deemed to be enacted herein, and the Agreement shall be read and enforced as though each were physically included herein. 8.11 Public Information. The requirements of Subchapter J Chapter 552 Texas Government Code may apply to this Agreement, and the Lab agrees that the Agreement may be terminated if the Lab knowingly or Page 5 Rev Nov 2022 intentionally fails to comply with a requirement of that subchapter. 8.12 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences, clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or unenforceability of any Article, sentence, clause or parts of this Agreement, in any one or more instance, shall not affect or prejudice in any way the validity of this Agreement in any other instance. 8.13 Title VI Assurance. Lab shall prohibit discrimination in employment based upon race, color, religion, national origin, gender, disability or age. 8.14 Independent Contractor. The relationship between City and Lab under this Agreement shall be that of independent contractor. City may explain to Lab the City's goals and objectives in regard to the services to be performed by Lab, but the City shall not direct Lab on how or in what manner these goals and objectives are to be met. 8.15 Conflict Resolution Between Documents. Lab hereby agrees and acknowledges if anything contained in any documents prepared by Lab and included herein, is in conflict with the terms of this Agreement, which incorporates Exhibit A, and/or an approved Task Order, this Agreement and/or the Task Order shall take precedence and control to resolve said conflict. 8.16 No Waiver of Governmental Immunity. This Agreement is to perform a governmental function solely for the public benefit. Nothing in this Agreement shall be construed to waive City's governmental immunity from lawsuit, which immunity is expressly retained to the extent it is not clearly and unambiguously waived by state law. CITY OF CORPUS CHRISTI PROFESSIONAL SERVICE INDUSTRIES, INC. 04/22/2025 S Teter Gonzale,l 04/18/2025 Jeff s(Apr 22,202512:47 CDT) S.Peter Gonzales(Apr 18,202516:10 CDT) Jeff H. Edmonds, P.E. (Date) Peter Gonzales, P.E. (Date) Director of Engineering Services Corpus Christi Operations Manager 810 S. Padre Island Drive Corpus Christi, Texas 78416 (210) 718-4468 peter.gonzales@intertek.com APPROVED AS TO LEGAL FORM 04/22/2025 M2O25-026 Janet Whitehead(Apr 22,202512:18 CDT) AUTHORIZED Assistant City Attorney (Date) for City Attorney BY COUNCIL 3/18/2025 ATTEST RH/SB �'ebecca tfr��ta 04/22/2025 Rebecca Huerta(Apr 22,2025 14:42 CDT) Rebecca Huerta, City Secretary Page 6 Rev Nov 2022 EXHIBIT A TERMS AND CONDITIONS TO TESTING AGREEMENT ARTICLE 1. SERVICES: Lab will: 1.1 Provide only those services requested by City Engineer that, in the opinion of Lab, lie within the technical or professional areas of expertise of Lab and which Lab is adequately staffed and equipped to perform. 1.2 Perform technical services under the supervision of a licensed professional engineer and in compliance with the basic requirements of the appropriate standards of the American Society for Testing and Materials,where applicable, and other standards designated in writing by the City Engineer. 1.3 Promptly submit formal reports(printed and electronic copies)of tests, inspections and services performed indicating, where applicable, compliance with the Project specifications or other contract documents. Such reports must be complete and factual,citing the tests performed, methods employed,values obtained and parts of the structure of the Project area subjected to any testing. 1.4 Utilize testing equipment which has been calibrated according to applicable standards and, upon request, submit to the City Engineer or designee documentation of such calibration. Secure representative samples of those materials that the City's contractor proposes to use which require testing, together with relevant data concerning such materials including the point of origin and supplier. 1.5 Consider reports to be confidential and distribute reports only to those persons,organizations or agencies specifically designated in writing by the City Engineer. 1.6 Retain records relating to services performed for City for a period of two years following submission of any reports, during which period the records will be made available to the City at all reasonable times. 1.7 Pay salaries, wages, expenses, social security taxes, federal and state unemployment taxes and any other similar payroll taxes relating to the services. ARTICLE 2. CITY RESPONSIBILITIES: City Engineer or designee will: 2.1 Provide Lab with all plans,specifications,addenda,change orders,approved shop drawings and other information for the proper performance of services by Lab. 2.2 Issue authorization in writing giving Lab free access to the Project site and to all shops or yards where materials are prepared or stored. 2.3 Designate in writing those persons or firms which will act as the City's representative with respect to Lab's services to be performed under this Agreement and which must be promptly notified by Lab when it appears that materials tested or inspected are in non-compliance. Only the City Engineer or designee has authority to transmit instructions, receive information and data and/or interpret and define the City's policies and decisions with respect to the Project. Lab acknowledges that certain City representatives may have different types of authority concerning the Project. 2.4 Advise Lab sufficiently in advance of any operations so as to allow for assignment of personnel by Lab for completion of the required services.Such advance notice will be in accordance with that established by mutual agreement of the parties. 2.5 Direct the Project contractor, either by the Construction Contract or direct written order, to: (a) Stop work at the appropriate times for Lab to perform contracted services; (b) Furnish such labor and all facilities needed by Lab to obtain and handle samples at the Project and to facilitate the specified inspection and tests; (c) Provide and maintain for use of Lab adequate space at the Project for safe storage and proper curing of test specimens that must remain on the Project site prior to, during and up to 60 days after testing. ARTICLE 3. GENERAL CONDITIONS 3.1 Lab, by the performance of services covered hereunder, does not in any way assume, abridge or abrogate any of those duties, responsibilities or authorities with regard to the Project that, by custom or contract, are vested in the Project architects, design engineers or any other design agencies or authorities. 3.2 Lab is not authorized to supervise, alter, relax, enlarge or release any requirement of the Project specifications or other contract documents nor to approve or accept any portion of the work. Lab does not have the right of rejection or the right to stop the work. City Engineer will direct the Project contractor to stop work at appropriate times for Lab to conduct the sampling, testing or inspection of operations covered by the Agreement. ARTICLE 4. FIELD MONITORING AND TESTING 4.1 City and Lab agree that Lab will be on-site to perform inspections for contracted services.The City and Lab also agree that Lab will not assume responsibility for Project contractor's means,methods,techniques,sequences or procedures of construction, and it is understood that the final services provided by Lab will not relieve the Project contractor of its responsibilities for performing the work in accordance with the Project plans and specifications. For the purposes of this Agreement,the word"inspection"is used to mean periodic observation of the work and the conducting of tests by Lab as specified in the Agreement. Continuous monitoring by Lab or its subcontractors does not mean that Lab is approving placement of materials. Inspection is not and should not be construed to be a warranty by Lab to the City or any other party. 4.2 Samples collected or tested by Lab remain the property of the City while in the custody of the Lab. Lab will retain the samples for a period of 60 days following the date of submission of any report related to the sample. Following the retention period, Lab will dispose of non-hazardous samples, and return hazardous, acutely toxic or radioactive samples and samples'containers and residues to City. City agrees to accept such samples and samples'containers. ARTICLE 5. STANDARD OF CARE AND WARRANTY Services performed by Lab will be conducted in a manner consistent with that level of care and skill ordinarily exercised by reputable members of the profession currently practicing under similar conditions in the same locality. No other warranty either expressed or implied is made or intended by the Agreement or any reports. Lab will not be responsible for the interpretation or use by others of data developed by Lab. ARTICLE 6. INDEMNIFICATION Lab shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees, or other entity, excluding the engineer or architect or that person's agent, employee or subconsultant, over which the City exercises control ("Indemnitee") from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by Lab or its agent, Lab under contract or another entity over which Lab exercises control while in the exercise of rights or performance of the duties under this agreement. This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. Lab shall defend Indemnitee,with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, if the claim is not based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee. If a claim is based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee, the Lab shall reimburse the City's reasonable attorney's fees in proportion to the Lab's liability. Lab must advise City in writing within 24 hours of any claim or demand against City or Lab known to Lab related to or arising out of Lab's activities under this Agreement. ARTICLE 7. INVOICES AND PAYMENT 7.1 Lab will submit progress invoices to City Engineer monthly and final invoice upon completion of services. Each invoice is due and payable by City within 30 days of receipt and approval to pay by the City Engineer. 7.2 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual budget. ARTICLE 8. INSURANCE REQUIREMENTS 8.1 Lab must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Lab must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 8.2 Lab must furnish to the Director of Engineering Services with the signed agreement (or amendment) a copy of the Certificate(s)of Insurance(COI)with applicable policy endorsements showing the following minimum coverage by an insurance company(s)acceptable to the City's Risk Manager.The City must be listed as an additional insured on the General Liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, required Bodily Injury and Property Damage on all certificates or by applicable policy Per occurrence- aggregate endorsements Commercial General Liability including: $1,000,000 Per Occurrence 1. Commercial Broad Form $2,000,000 Aggregate 2. Premises—Operations 3. Products/Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury-Advertising Injury AUTO LIABILITY (including) $500,000 Combined Single Limit 1. Owned 2. Hired and Non-Owned 3. Rented/Leased PROFESSIONAL LIABILITY $1,000,000 Per Claim (Errors and Omissions) (Defense costs must be outside policy limits) If claims made policy, retro date must be prior to inception of agreement, have 3-year reporting period provisions and identify any limitations regarding who is insured. 8.3 In the event of accidents of any kind related to this agreement, Lab must furnish the City with copies of all reports of any accidents within 10 days of the accident. 8.4 Lab shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Lab's sole expense, insurance coverage written on an occurrence basis, with the exception of professional liability, which may be on a per claims made basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. Lab is required to provide City with renewal Certificates. 8.6 Lab is required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Lab shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 8.7 Lab agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: (a) List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement,as respects operations,completed operation and activities of,or on behalf of,the named insured performed under contract with the City,with the exception of the professional liability/Errors&Omissions policy; (b) Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; and (c) Provide thirty(30)calendar days advance written notice directly to City of any suspension,cancellation, non- renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. 8.8 Within five (5) calendar days of a suspension, cancellation, or non-renewal of coverage, Lab shall provide a replacement Certificate of Insurance and applicable endorsements to City.City shall have the option to suspend Lab's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 8.9 In addition to any other remedies the City may have upon Lab's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Lab to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Lab hereunder until Lab demonstrates compliance with the requirements hereof. 8.10 Nothing herein contained shall be construed as limiting in any way the extent to which Lab may be held responsible for payments of damages to persons or property resulting from Lab's or its subcontractor's performance of the work covered under this agreement. 8.11 It is agreed that Lab's insurance shall be deemed primary and non-contributory with respect to any insurance or self- insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 8.12 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. ARTICLE 9. TERMINATION OF AGREEMENT The City may, at any time, with or without cause, terminate this Agreement upon seven days written notice to Lab at the address of record. Lab will be compensated for services performed up to termination. ARTICLE 10. CONTROLLING LAW This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lie exclusively in Nueces County, Texas. ARTICLE 11. DISCLOSURE OF INTERESTS 11.1 Lab agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form as part of this Agreement, if required. 11.2 Lab agrees to comply with section 2252.908 of the Texas Government Code and complete Form 1295 Certificate of Interested Parties as part of this Agreement, if required. For more information, please review the information on the Texas Ethics Commission website at https://www.ethics.state.tx.us. 11.3 Lab agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City of Corpus Christi City Secretary's Office, if required. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city� secretary/conflict-disclosure/index. ARTICLE 12. CLAIMS 12.1 Claims arising from this Agreement shall be made in writing, sworn to and signed by an authorized representative. The responsibility to substantiate a claim rests with the party making the claim. 12.2 All negotiations pursuant to this Article are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. 12.3 In calculating the amount of any Claim or any measure of damages for breach of contract, the following standards shall apply both to claims by Lab and to claims by City: 12.3.1 In no event shall either Party be liable,whether in contract or tort or otherwise, to the other Party for loss of profits,delay damages or for any special incidental or consequential loss or damage of any nature arising at any time or from any cause whatsoever; 12.3.2 Damages are limited to extra costs specifically shown to have been directly caused by a proven wrong for which the other Party is claimed to be responsible. ARTICLE 13. EXTENT OF AGREEMENT 13.1 This Agreement, including Exhibit"A"and these Terms and Conditions,represents the entire Agreement between City and Lab and supersedes all prior negotiation, representations or agreements,written or oral.This Agreement may be amended only by a written instrument signed by duly authorized representatives of City and Lab.If any conflict occurs between these Terms and Conditions and any other part of this Agreement, these Terms and Conditions are controlling. 13.2 In the event that any one or more of the provisions contained in this Agreement are for any reason held invalid, illegal or unenforceable in any respect,the remaining terms will be in full effect and this Agreementwill be construed as if the invalid or unenforceable matters were never included in this Agreement. No waiver of any default will be a waiver of any future default. 13.3 Neither party will assign this Agreement without the express written approval of the other, but Lab may subcontract laboratory procedures as Lab deems necessary to meet the obligations of this Agreement. ARTICLE 14. SAFETY City and Lab agree that, in accordance with the generally accepted construction practice,the Project's general contractor will be solely and completely responsible forworking conditions on the Project, including safety of all persons and property during the performance of the work and for compliance with all municipal, state and federal laws, rules and regulations, including OSHA. The duty of Lab in providing services is not,therefore, to include any review of, or responsibility for,the adequacy of the Project's general contractor's safety measures in, on or near the Project site. S EXHIBIT B c SCOPE OF WORK GEOTECHNICAL AND CONSTRUCTION MATERIAL TESTING a s Geotechnical Testing and Construction Material Testing — services that include specified geological and geotechnical field operations, laboratory testing and engineering analysis for various projects. Geotechnical Engineering The A/E shall perform geotechnical engineering services that include specified Geological and Geotechnical Field Operation, Testing Program and Engineering Analysis for various infrastructure construction projects identified in each task order. Materials Engineering The A/E shall perform and supervise all sampling, testing, inspection work, and related services for various infrastructure construction projects identified in each task order. Engineering Reports for Geotechnical and Materials Engineering The A/E will submit a Report of Findings for each task order. Reports may contain but are not limited to items such as: • A description of the field exploration and laboratory tests • maps of boring locations • Boring logs o Note (provide narrative of) the location of the bores relative to the street section in the report. For example, was the bore in the middle of the center turn lane, in the outer westbound lane, between the 2 eastbound lanes, approximately 1-ft from the edge of the gutter in the eastbound lane, etcetera. • A discussion of the engineering properties of the subsurface materials encountered • Trench excavation design parameters • OSHA soil type classification • Pavement Section recommendations o Include asphalt pavement options o If a thick pavement section is recommended (including surface, base, & subgrade), provide alternative options to reduce the thickness (i.e. multiple geogrid layers, increased hotmix, etc.). Notify the City PM to discuss prior to finalizing the report. o Include narrative of benefits/risks of proposed components o Recommendations for prolonging/protecting the pavement sections (i.e. not driving on unprotected base, backfilling within 48-hrs to protect base). • Design Parameters o 30 Year Design Life untertek ^&)!2 F SCHEDULE OF SERVICES AND FEES Building& Construction Services—City of Corpus Christi, Texas Effective April 1, 2025 SOILS/BASE COURSES Laboratory testing of soils in accordance with ASTM or AASHTO procedures and project specifications. Test Description Unit Price Moisture/Density Relationship of Soil Proctor Test): a) ASTM D-698/ASTM D-1557(Standard/Modified) Each $200.00 b TxDOT TEX-113-E Each $220.00 Atterberg Limits Determination PI Each $80.00 Material Finer Than#200 Sieve(Wash/Dry) Each $110.00 Soil Classification Each $12.00 Tdaxial Test Each $880.00 Wet Ball Mill Each $330.00 Los Angeles Abrasion LA Abrasion Each $385.00 Depth Checks Base Course Thickness Each $28.00 Laboratory Lime Series Each $385.00 Cement Series Each $550.00 Sample Preparation for Laboratory Samples Each $60.00 Soluble Sulfate Each $110.00 Field Gradation TX Dot Item 260 Each $70.00 Rush Fee(Upon Request) Each $165.00 Sample Pickup/Cylinder Pickup:Tech/Trip/Report Within City Limits Per Trip $185.00 CONCRETE and AGGREGATES Laboratory testing of concrete cylinders in accordance with ASTM procedures and project specifications. Test Description Unit Price Concrete Cylinders Cured and/or Tested in Compression) 4 x 8 Each $20.00 Concrete Cylinders Cured and/or Tested in Compression 6 x 12 Each $22.00 Concrete Cylinder Compression Non-PSI Each $38.00 Laboratory Thickness Determination of Concrete Cores Each $28.00 Sieve Analysis of Coarse and Fine Aggregates Each $110.00 Sample Pickup/Cylinder Pickup:Tech/Trip/Report Within City Limits Per Trip $185.00 ASPHALT Laboratory testing of asphaltic samples in accordance with ASTM procedures and project specifications. Test Description Unit Price Extraction and Gradation Each $220.00 Lab Molded Specimens Set of 3 per Test Each $192.00 Maximum Theoretical Specific Gravity(Rice Method) Each $105.00 Asphalt Coring 2",4",and 6"Diameter w/core hole patching Per Core $66.00 Thickness Determination of Asphalt Cores Each $16.00 Density Determination of Asphalt Cores(bulk density) Each $38.00 Page 1 of 5 MASONRY Laboratory testing of masonry samples in accordance with ASTM procedures and project specifications. Test Description Unit Price Grout Prisms Cured and/or Tested in Compression) Each $24.00 Mortar Cubes(Cured and/or Tested in Compression) Each $22.00 Compression Strength of Concrete Masonry Units Each $55.00 Compression Strength of Concrete Masonry Prisms Each $104.00 Sample Pickup/Cylinder Pickup:Tech/Trip/Report(Within City Limits) Per Trip $185.00 FIELD TESTING AND OBSERVATION SERVICES Service Description Unit Price Engineering Technician(Min.4 Hours) Perform field density testing, field testing of concrete,slump,air content, Per Hour $48.00 temperature,unit weight,cast concrete cylinders, concrete coring,and masonry testing Senior Level Engineering Technician(Min.4 hours) Observation of drilled piers and foundations,reinforcing steel,post-tension Per Hour $55.00 stressing,floor flatness,hot mix asphalt, and proof rolling observation Structural Steel Technician(Min.4 hours) CWI to perform visual weld observations, bolting inspection,shear stud Per Hour $104.00 verification,NDE of welds, and fabrication shop observations General Note: Overtime rates will be applicable for services performed before 7:00am and after 5:00pm,over 8hours per day Monday through Friday and all hours worked Saturdays,Sundays, and holidays.The overtime rate will be 1.5 times the applicable unit rate. MANAGEMENT/TECHNICAL SERVICES Service Description Unit Price Report Review Each $34.00 Laboratory Manager Per Hour $49.00 Project Manager(contract administration,scheduling/supervision of Per Hour $110.00 personnel Professional Engineer Site visits,consultation,special reports) Per Hour $187.00 Administration/Clerical(PDF/Filing reports and Pay apps Per Hour $38.00 Final Special Inspections Letter Per Report $385.00 EQUIPMENT Equipment Description Unit Price Daily Equipment Charge Concrete Per Trip $70.00 Daily Nuclear Density Gauge Min 3 Test Per Trip $70.00 Generator and Core Rig Per Da $220.00 Vehicle Charge Minimum Per Trip $55.00 Concrete Rebound Test Hammer Per Da $110.00 Windsor Probe System Equipment Set of 3 Per Da $TBD Page 2 of 5 untertek W=I SCHEDULE OF SERVICES AND FEES Geotechnical Services-City of Corpus Christi, Texas Effective April 1, 2025 FIELD Mobilization and Demobilization Traffic Control (Per Day) Per Da $1,980.00 Truck Rig Mobilization (Corpus Christi Area) Each $825.00 All-Terrain Vehicle(Min. Daily Charge$825.00) Per Mile $6.88 One Ton Flatbed w/250 Gallon Water Tank(Min. Daily Charge$110.00) Per Mile $3.85 Pickup Truck(Min. Daily Charge$55 00) Per Mile $2.20 Drilling Services Drilling Rig&2-Man Crew Per Hour $258.50 Drilling Rig&3-Man Crew Per Hour $330.00 Standby Drilling Rig&2-Man Crew Per Hour $258.50 Drilling Rig&3-Man Crew Per Hour $330.00 Drilling Rig&Crew Minimum Daily Rate. (8 hours) Per Day $2,585.00 Truck Rig Drilling &Sampling Footage Rates,0-50 ft(Intermittent-5'Intervals) Per Foot $20.90 Drilling&Sampling Footage Rates,50-100 ft(Intermittent-5'Intervals) Per Foot $25.30 Drilling&sampling Footage Rates, 100-150 ft(Intermittent-5 Intervals) Per Foot$27.50 Hollow Stem Augers Drilling&Sampling Footage Rates,0-40 n Per Foot $21.45 Hollow Stem Augers Drilling&Sampling Footage Rates,40-7511 Per Foot $25.58 Truck Rig Drilling&Sampling Continuous Footage Rates, 0-50 ft Per Foot $21.45 Drilling&Sampling Continuous Footage Rates, 50-100 ft Per Foot $27.50 Drilling&Sampling Continuous Footage Rates, 100-150 ft Per Foot $33.00 Track ATV Drill Rig Drilling &Sampling Footage Rates, •0-40 ft(Intermittent-5'Intervals Per Foot $22.00 Drilling&Sampling Footage Rates,40-100 ft(Intermittent-5'Intervals) Per Foot $27.50 Track ATV Drill Rig Drilling&Sampling Continuous Footage Rates, 0-50 ft Per Foot $24.75 Drilling&Sampling Continuous Footage Rates, 50-100 ft Per Foot $30.80 Additional Services Hand Auger Drilling and Sampling Per Hour $170.50 Backfilling Boreholes with Bentonite Chips Per Foot $5.50 Grouting Boreholes with Cement/Bentonite Grout Per Foot $9.50 Compressor for air rotary drilling Per Day $385.00 Open Standpipe Piezometer(Installation and Supplies) Per Foot $51.70 Vibrating Wire Piezometer(installation only) Per Foot $34.10 Inclinometer Installation Per Foot $63.80 4" Piezometer Protector Post Each $275.00 6" Piezometer Protector Post Each $297.00 Steam Cleaner Day $231.00 Drums Each $66.00 Decon Augers Day $550.00 Supplies to Repair install Piezometers At Cost Plus 20% Piezometer Development(washing &1 purging) Each $275.00 Water Level Indicator Day $88.00 Visual Classification (ASTM D 2487 or D 2488) Each Sample $4.40 Hand Penetrometer Per Test $5.50 Torvane Per Test $5.50 Miniature Vane Shear(ASTM D 4648) Per Test $33.00 Moisture Content Test(ASTM D 2216) Per Test $6.60 Moisture Content&Classification Each Sample $11.55 Density Determination on Shelby Tube samples(ASTM D 7263) Each Sample $27.50 Atterberg Limit Determination (ASTM D 4318) Per Test $66.00 Percent Passing#200 Sieve(ASTM D 1140) Per Test $55.00 Sieve Analysis(ASTM D 422) Per Test $85.80 Hydrometer Analysis(ASTM D 422) Per Test $214.50 Unconfined Compressive Strength (ASTM D 2166) Per Test $52.80 Unconsolidated Undrained Triaxial Compression (ASTM D2850) Per Test $88.00 Page 3 of 5 Direct Shear Test(Per Vertical Stress Point)(ASTM D 3080) Per Test $203.50 Consolidated Undrained with Pore Pressure Measurements(Includes back pressure saturation (a)Consolidation and shearing of each sample; (ASTM D Per Test $1,320.00 4767)3 specimens-3 pressures (b)Consolidation and shearing of each sample; (ASTM D Per Test $412.50 4767), 1 specimen. 1 pressure (c)Three consolidation stages; (non ASTM;standard industry practice) Per Test $715.00 One Dimensional Consolidation (ASTM D 24351 D2435M) (a)8 Loadings&3 unloading increments Per Test $522.50 (b)Each additional loading/unloading Per Load $55.00 One Dimensional Swell (ASTM D 4546) (a)Method A(wetting after loading tests on multiple specimens) Per Test $385.00 (b)Method B(single point wetting after loading test on a single Per Test $192.50 specimen) (c)Method C(loading after wetting test) Per Test $605.00 Moisture-Density Relationship ASTM D-698 and D-1557, Method B Per Test $181.50 ASTM D-698 and D-1557, Method C Per Test $198.00 Relative Density Determination Per Test $192.50 California Bearing Ratio(ASTM D1883)(Does not include M-D Per Test $500.00 relationship Permeability Testing: Triaxial Cell Method (ASTM D 5084) Per Test $440.00 Falling Head Rigid Wall(Consolidometer Technique)(COE 110-2- Per Test $187.00 1906 Constant Head for Granular Soils(ASTM D 2434) Per Test $220.00 Pinhole Dispersion Hole(ASTM D4647) Per Test $247.50 Crumb Test(ASTM D6572) Per Test $55.00 Organic Content(ASTM D 2974) Per Test $88.00 Specific Gravity(ASTM D 854) Per Test $88.00 Degree of Saturation(calculated)(requires spec. gravity) Each Sample $11.00 Porosity(calculated)(requires spec.gray.) Each Sample $11.00 Laboratory Electrical Resistivity(ASTM G57/Tex 129-E) Per Test $165.00 pH (ASTM D4972)(single sample) Per Test $49.50 Soluble Chlorides(EPA 300) Per Test $104.50 Soluble Sulphates(ASTM C1580/Tex 145-E) Per Test $137.50/$104.50 Sample Preparation (Remolded sample-Using Proctor Mold) Each Sample $88.00 Professional Technical Staff Chief Engineer Per Hour $209.00 Regional Engineer/Principal Consultant Per Hour $198.00 Senior Engineer Per Hour $170.50 Project Engineer Per Hour $137.50 Staff Engineer Per Hour $110.00 Drafting/Cad Per Hour $88.00 Geotechnician Per Hour $74.80 Administrative Assistant Per Hour $66.00 Page 4 of 5 untertek W=I SCHEDULE OF SERVICES AND FEES Environmental Services-City of Corpus Christi, Texas Effective April 1, 2025 Professional Staff Unit Fee Chief Scientist/Engineer $192.50/hr Certified Industrial Hygienist $181.50/hr Principal Consultant $154.00/hr Senior Engineer/Scientist $132.00/hr Project Manager $121.00/hr Project Engineer/Scientist $104.50/hr Staff Engineer/Scientist $99.00/hr Licensed Asbestos/Lead Inspectors $93.50/hr Environmental Technician $88.00/hr CADD Draftsman $71.50/hr Clerical $60.50/hr Laboratory Testing(standard turnaround) Asbestos bulk samples(PLM) $33.00 each TEM Testing $148.50 each Asbestos Point Count $66.00 each Total Lead in Paint Chips(AA) $33.00 each Total Lead in Air samples $33.00 each IAQ Testing Quote Soil/Groundwater Testing Quote Remarks: 1. Unit prices/rates are in effect for 12 months from the date of this proposal and are subject to change without notice thereafter. 2. Overtime rates are applicable for services performed in excess of 8 hours per day Monday through Friday, before 8:00 AM or after 5:00 PM,and for all hours worked on Saturdays,Sundays and holidays.The overtime rate is 1.5 times the applicable hourly rate. 3. All rates are billed on a portal to portal basis. 4. Transportation and per diem are charged at the applicable rates. 5. Rates involving mileage(including transportation,mobilization,vehicle and trip charges)are subject to change based upon increases in the national average gasoline price. A fuel surcharge shall be applied to invoices to offset the increase in fuel prices for a gallon of regular gasoline.Increases shall be made no more often than monthly. 6. A minimum charge of 4 hours applies to field testing and observation services. 7. Scheduling or cancellation of field testing and observation services is required no less than the working day prior to the date the services are to be performed. Services cancelled without advance and/or inadequate notice will be assessed a minimum 4 hour charge. 8. For all PSI services, a project management/engineering review charge will be billed for all reports issued for the scheduling/supervision of personnel and the evaluation/review of data and reports. 9. The minimum billing increment for time is a half hour. 10. A project set-up charge of a minimum of two hours applies to all projects. 11. Drilling and field service rates are based on OSHA Level D personnel protection. 12. For sites where drilling is to occur that are not readily accessible to a truck-mounted drill rig, rates for rig mobility, site clearing,crew stand-by time,etc.will be charged as applicable. 13. Computer,fax,copies,etc.will be charged at a minimum rate of three percent of the total project fee. 14. Services and fees not listed on this schedule may be quoted on request. Page 5 of 5 \ \ [ / / / ƒ ƒ ƒ ƒ / 2 I © o 0 0 0 0 0 0 • o // o 0 0 0 $ � a0 UO \ (L � U & o o \ § Q � / W W 0 � � f @ R R Cl 69 R ? Ilk k o 0 0 0 § \ 0 > � � E 2 e r 2 3 2 � ¢ •S § @ � � � � � � O 2 2 £ k W Ct Q3 � > w q / o Q 2 R R C ta ? ? \ z p ■ , o 0 0 0LU = k k Co k _ 2 % \ � Co CO k 2 - 2 2 D Q o 2 2 a O 2 ■ 2 m o 0 0 0 WUJ \ t � :0 > 0 � � � � f ® � > e U « IL a £ k \ LL $ m 061), Cl Vy 6 � W m U U 2 k J I I CO m k k k k Q. co uj \ 2 t � & be p 7 . % •/ I $ o 0 0 o Q m I L % S $ E L o ■w CD§ U- m ■ m co 70 © § o m ■ «cn / © m c o v ƒ k 2@ 0 E 2 ca cl w k z U) � co < Ouse. CITY OF CORPUS CHRISTI w �� DISCLOSURE OF INTEREST o H RFQ No. 6146 v RFQ for Professional Engineering Services for FY2025 NCORPORPSf� 1852 Corpus Christi Code § 2-349, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See next page for Filing Requirements, Certification and Definitions. COMPANY NAME: Professional Service Industries, Inc. P. O. BOX: STREET ADDRESS: 810 S. Padre island Dr. CITY: Corpus Christi STATE: Tx ZIP: 78416 FIRM IS: 1. 2.Partnershi Corporation 3.Sole Owner p p El H4. Association S.Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1 . State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Job Title and City Department (if known) N/A N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title N/A N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee N/A N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant N/A N/A FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial se segment thereof, you shall disclose that fact in a signed writing to the City G� official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] N0 0 gvOpp11 CERTIFICATION 1852 I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: S. Peter Gonzales P.E. Title: Operations Manager Signature of �64 Certifying Person: AA Date: 10/30/2024 DEFINITIONS a. "Board member." A member of any board, commission, or committee of the city, including the board of any corporation created by the city. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the city, whether under civil service or not, including part-time employees and employees of any corporation created by the city. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest."Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements. g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. GS�J Page 1 of 2 DATE(MM/DD/YYYY) A�R" CERTIFICATE OF LIABILITY INSURANCE 03/21/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT WTW Certificate Center NAME: Willis Towers Watson Northeast, Inc. PHONE 1-877-945-7378 FAX 1-888-467-2378 c/o 26 Century Blvd A/C No Ezt: A/C No E-MAIL certificates@wtwco.com P.O. Box 305191 ADDRESS: Nashville, TN 372305191 USA INSURER(S)AFFORDING COVERAGE NAIC# INSURERA: 4BE Insurance Corporation 39217 INSURED INSURER B: Safety National Casualty Corporation 15105 Professional Service Industries, Inc. 810 S Padre Island Drive INSURERC: QBE Specialty Insurance Company 11515 Corpus Christi, TX 78416 INSURERD: INSURER E: INSURERF: COVERAGES CERTIFICATE NUMBER: W38201440 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR I POLICY NUMBER MM/DD/YYYY MM/DD/YYYY X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE �X OCCUR DAMAGE TO RENTED 100,000 PREMISES Ea occurrence $ A MED EXP(Any one person) $ 25,000 CGA1407408 10/01/2024 10/01/2025 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY❑ JECT PRO ❑ LOC PRODUCTS-COMP/OPAGG $ 2,000,000 PRO- OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident X ANY AUTO BODILY INJURY(Per person) $ B OWNED SCHEDULED CA 6676812 10/01/2024 10/01/2025 BODILY INJURY(Per accident) $ X AUTOS ONLY AUTOS X HIRED �I NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY X AUTOS ONLY Per accident UMBRELLALIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER B ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? No N/A LDS4066982 (AOS) 10/01/2024 10/01/2025 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ B Workers Compensation & PS 4068980 (WI) 10/01/2024 10/01/2025 EL Each Accident $1,000,000 Employers Liability EL Disease - EA Empl. $1,000,000 Per Statute EL Disease - Po l Lmt. $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) See next page for additional information: SEE ATTACHED CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Corpus Christi AUTHORIZED REPRESENTATIVE Attention: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 YIW�,•,p, ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD SR ID: 27472865 BATcH: 3886546 AGENCY CUSTOMER ID: LOC#: ACC o ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED Professional Service Industries, Inc. Willis Towers Watson Northeast, Inc. 810 S Padre Island Drive POLICY NUMBER Corpus Christi, TX 78416 See Page 1 CARRIER NAIC CODE See Page 1 See Page 1 EFFECTIVE DATE: See Page 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance Named Insured Includes: Testing Holdings USA Inc. Professional Service Industries, Inc. dba Intertek-PSI aka PSI Professional Service Industries Holdings, Inc. Professional Service Industries Engineerings, PLLC Pittsburgh Testing Laboratory, Inc. PSI Acquisitions, Inc. Midwest Engineering Services, Inc. Wilson Inspection X-Ray Services, Inc. Contract Start Date: 9/30/2024 Contract Finish Date: 9/30/2025 C/O: 3 Requester Initials: AR RE: RFQ NO. 6146 - Professional Engineering Services for FY2025 City of Corpus Christi and its offices, officials, employees, and elected representatives are included as Additional Insured (except as respects all coverage afforded by the Workers Compensation and Professional Liability policies) where required by written contract. The General Liability policy shall be Primary and Non-contributory with any other insurance in force for or which may be purchased by Additional Insured where required by written contract. The Additional Insured(s) are granted a Waiver of Subrogation where required by written contract, but only for liability arising out of the operations of the Named Insured as permitted by law. INSURER AFFORDING COVERAGE: QBE Specialty Insurance Company NAIC#: 11515 POLICY NUMBER: QPL3026198 EFF DATE: 09/30/2024 EXP DATE: 09/30/2025 TYPE OF INSURANCE: LIMIT DESCRIPTION: LIMIT AMOUNT: Professional Liability Each Claim/Aggregate $1,000,000 SIR $1,250,000 ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SR ID: 27472865 BATCH: 3886546 CERT: W38201440 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SPECIAL NOTICE OF CANCELLATION SERVICE PROVIDED TO IDENTIFIED THIRD PARTIES This endorsement modifies insurance provided under the following: COMMERCIAL AUTOMOBILE COVERAGE PART CHANGE The following new provision is added to A. Cancellation of the COMMON POLICY CONDITIONS or such other applicable state cancellation endorsement: As a special service to you, if we cancel this policy for any reason other than non-payment of premium, within thirty(30)days prior to the effective date of cancellation, we will mail a copy of such written notice of cancellation to all third persons whose name and address have, during the applicable policy period, been placed on file with us through your broker of record due to third party contractual requirements relating to such notice. As a special service to you, if we cancel this policy for non-payment of premium, within ten (10)days prior to the effective date of cancellation, we will mail a copy of such written notice of cancellation to all third persons whose name and address have, during the applicable policy period, been placed on file with us through your broker of record due to third party contractual requirements relating to such notice. If we have been provided with an electronic address of such third parties, at our election we may send notice of cancellation to such third parties by electronic mail. Notice of cancellation of coverage provided to a certificate holder is a courtesy only. Failure to provide such notice will not extend the policy cancellation date, negate the cancellation of the policy, nor confer any rights nor expectations upon the certificate holder nor subject us, our agents nor representatives to liability for failure to provide notice. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 10/01/2024 Policy No. CA 6676812 Endorsement No. Named Insured TESTING HOLDINGS USA, INC. Premium $ Included Insurance Company Safety National Casualty Corporation Countersigned By SNCA 039 10 13 Safety National Casualty Corporation Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED ADDITIONAL INSURED This endorsement modifies insurance provided under the following: COMMERCIAL AUTOMOBILE COVERAGE PART SCHEDULE Name of Additional Insured Persons or Organization s : Any person or organization as required by written contract or agreement that is executed prior to the loss. CHANGE The person(s)or organization(s)shown in the Schedule above with whom you have agreed in a written contract to provide insurance such as is afforded under this Coverage Form, is included as an Additional Insured subject to the below: (1) Insurance for such Additional Insured(s) scheduled above shall be afforded only to the extent that such Additional Insured is liable for "bodily injury" or "property damage" arising out of your operations and resulting from the ownership, maintenance or use of covered "autos" by you while the covered "autos" are on premises owned or leased by the above scheduled Additional Insured(s). (2) The insurance afforded under this Coverage Form to such Additional Insured(s) applies only: (a) If the "accident" takes place subsequent to the execution and effective date of such written contract: and, (b) While such written contract is in force, or until the end of the policy period, which ever occurs first. (3) How Limits Apply to Additional Insured(s) The most we will pay on behalf of the Additional Insured(s)scheduled above is the lesser of: (a) The limits of insurance specified in the written contract or written agreement; or, (b) The Limits of Insurance provided by the Coverage Form. The amount we will pay on behalf of such Additional Insured(s)shall be a part of, and not in addition to, the Limits of Insurance shown in the Coverage Form Declarations and described in this section. Such amount will thus not increase the Limits of Insurance shown for the Coverage Form. (4) Exclusions (a) This endorsement does not apply to liability of the Additional Insured which arises out of the ownership of transportation operating rights granted to the Additional Insured by public authority. (b) This endorsement does not apply to the liability of the owner or anyone else from whom you hire or borrow a covered auto. SNCA 026 10 13 Safety National Casualty Corporation Page 1 of 2 (5) Obligations at the Additional Insured's Own Cost No Additional Insured will, except at their own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. The Additional Insured(s) scheduled above shall be subject to all other conditions set forth in the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 10/01/2024 Policy No. CA 6676812 Endorsement No. Named Insured TESTING HOLDINGS USA, INC. Premium $ Included Insurance Company Safety National Casualty Corporation Countersigned By Page 2 of 2 Safety National Casualty Corporation SNCA 026 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL AUTOMOBILE COVERAGE PART SCHEDULE Name Of Person Or Organization: Any Person or Organization as required by written contract or agreement that is executed prior to the loss. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. CHANGE We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for"bodily injury" or"property damage" to which this insurance applies, caused by an "accident" and resulting from the ownership, maintenance or use of a covered "auto". This waiver applies only to the person or organization shown in the Schedule above. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 10/01/2024 Policy No. CA 6676812 Endorsement No. Named Insured TESTING HOLDINGS USA, INC. Premium $ Included Insurance Company Safety National Casualty Corporation Countersigned By SNCA 027 10 13 Safety National Casualty Corporation Page 1 of 1 POLICY NUMBER: CGA1407408 COMMERCIAL GENERAL LIABILITY CG20371219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations Where required by written contract or agreement. Any and all locations Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III—Limits Of Insurance: with respect to liability for "bodily injury" or If coverage provided to the additional insured is "property damage" caused, in whole or in part, by required by a contract or agreement, the most we "your work" at the location designated and will pay on behalf of the additional insured is the described in the Schedule of this endorsement amount of insurance: performed for that additional insured and included in the "products-completed operations hazard". 1. Required by the contract or agreement; or However: 2. Available under the applicable limits of 1. The insurance afforded to such additional insurance; insured only applies to the extent permitted by whichever is less. law; and This endorsement shall not increase the 2. If coverage provided to the additional insured is applicable limits of insurance. required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 POLICY NUMBER: CGA1407408 COMMERCIAL GENERAL LIABILITY CG 20 10 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Locations Of Covered Operations Where required by written contract or agreement. Any and all locations Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to 2. If coverage provided to the additional insured is include as an additional insured the person(s) or required by a contract or agreement, the organization(s) shown in the Schedule, but only insurance afforded to such additional insured with respect to liability for "bodily injury", "property will not be broader than that which you are damage" or "personal and advertising injury" required by the contract or agreement to caused, in whole or in part, by: provide for such additional insured. 1. Your acts or omissions; or B. With respect to the insurance afforded to these 2. The acts or omissions of those acting on your additional insureds, the following additional behalf; exclusions apply: in the performance of your ongoing operations for This insurance does not apply to "bodily injury" or the additional insured(s) at the location(s) "property damage" occurring after: designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and CG 20 10 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 2 1. All work, including materials, parts or 2. Available under the applicable limits of equipment furnished in connection with such insurance; work, on the project (other than service, maintenance or repairs) to be performed by or whichever is less. on behalf of the additional insured(s) at the This endorsement shall not increase the location of the covered operations has been applicable limits of insurance. completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or Page 2 of 2 © Insurance Services Office, Inc., 2018 CG 20 10 12 19 rh QBE@ THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT - NOTICE TO OTHERS OF CANCELLATION Name of Insured: Testing Holdings USA, Inc. Policy Number: CGA1407408 Endorsement Number: GL-U-2008 (08-20) Effective Date of Endorsement: 10/01/2024 Name of Insurer: QBE Insurance Corporation All Coverage Parts and Coverage Forms included in this policy are subject to the following: SCHEDULE Number of Days Name and Address of Person or Organization Notice ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS AGREED BY WRITTEN CONTRACT 90 The following is added to the policy: A. If we cancel the policy by notice to the first Named Insured, for any reason other than nonpayment of premium, we will mail or deliver a copy of such written notice of cancellation to the person(s) or organization(s) shown in the SCHEDULE above. B. Any copy of notice per paragraph A. above will be mailed or delivered: 1. To the address corresponding to each person or organization indicated in the SCHEDULE above; and ©QBE.,2020 Includes copyrighted material of Insurance Services Office, Inc., GL-U-2008 (08-20) with its permission. Page 1 of 2 2. At least the number of days set forth in the SCHEDULE prior to the cancellation date applicable to the policy, as advised in our notice to the first Named Insured. C. If notice per paragraph A. is mailed, proof of mailing will be sufficient proof of notice. D. Written notices mailed or delivered by us pursuant to the terms of this endorsement are intended only to be an advance notification to the person(s) or organization(s) named in the SCHEDULE of this endorsement in the event of a pending cancellation and shall not operate or be deemed to benefit, directly or indirectly, any person or organization not named in the SCHEDULE above. All other terms and conditions of the policy remain unchanged. ©QBE.,2020 Includes copyrighted material of Insurance Services Office, Inc., GL-U-2008 (08-20) with its permission. Page 2 of 2 Policy Number: CGA1407408 COMMERCIAL GENERAL LIABILITY CG 20 01 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the additional insured. This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and CG 20 01 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 r) QBE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT - WAIVER OF SUBROGATION Name of Insured: Testing Holdings USA Inc. Policy Number: CGA1407408 Endorsement Number: GL-OC-2060 (08-20) Effective Date of Endorsement: 10/01/2024 Name of Insurer: QBE Insurance Corporation This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM (OCCURRENCE VERSION) SECTION IV— COMMERCIAL GENERAL LIABILITY CONDITIONS, 8. Transfer Of Rights Of Recovery Against Others To Us is amended by the addition of the following to the end thereof: This condition does not apply to any person or organization to which you waived this condition by written contract or agreement, subject to the following additional provisions: The written contract or agreement containing such waiver must: 1. Be in effect during the policy period shown in the Declarations, and 2. Have been executed prior to the "bodily injury" or"property damage". All other terms and conditions of this Policy remain unchanged. © QBE,2020 Includes copyrighted material of Insurance Services Office, Inc., GL-OC-2060 (08-20) with its permission. Page 1 of 1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. SCHEDULE Any Person or Organization as required by written contract or agreement that is executed prior to the loss . THIS FORM APPLIES ONLY TO THE FOLLOWING STATE (S) IF COVERED BY YOUR POLICY. IF A STATE IS NOT LISTED BELOW, THIS FORM DOES NOT APPLY IN THAT STATE. WI This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 10/01/2024 Policy No. PS 4068980 Endorsement No. Insured TESTING HOLDINGS USA INC. Premium $ Included Insurance Company Safety National Casualty Corporation Countersigned By WC 00 03 13 (04 84) Page 1 of 1 ©1983 National Council on Compensation Insurance. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 99 35 SPECIAL NOTICE OF CANCELLATION SERVICE PROVIDED TO IDENTIFIED THIRD PARTIES ENDORSEMENT As a special service to you, if we cancel this policy for any reason other than non-payment of premium, within thirty(30) days prior to the effective date of cancellation, we will mail a copy of such written notice of cancellation to all third persons whose name and address have, during the applicable policy period, been placed on file with us through your broker of record due to third party contractual requirements relating to such notice. As a special service to you, if we cancel this policy for non-payment of premium, within ten (10)days prior to the effective date of cancellation, we will mail a copy of such written notice of cancellation to all third persons whose name and address have, during the applicable policy period, been placed on file with us through your broker of record due to third party contractual requirements relating to such notice. If we have been provided with an electronic address of such third parties, at our election we may send notice of cancellation to such third parties by electronic mail. Notice of cancellation of coverage provided to a certificate holder is a courtesy only. Failure to provide such notice will not extend the policy cancellation date, negate the cancellation of the policy, nor confer any rights nor expectations upon the certificate holder nor subject us, our agents nor representatives to liability for failure to provide notice. THIS FORM APPLIES ONLY TO THE FOLLOWING STATE (S) IF COVERED BY YOUR POLICY. IF A STATE IS NOT LISTED BELOW, THIS FORM DOES NOT APPLY IN THAT STATE. AL, AK, AR, CA, CO, CT, DE, DC, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, HE, NV, NH, NM, NY, OK, PA, RI, SC, SD, UT, VT, VA, WV This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 10/01/2024 Policy No. LDS4068982 Endorsement No. Insured TESTING HOLDINGS USA INC. Premium $ Included Insurance Company Safety National Casualty Corporation 7 Countersigned By_ WC 99 99 35 (07 12) Page 1 of 1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 0 % of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE Person or Organization Job Description Any Person or Organization as required by written contract or agreement that is executed prior to the loss. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 10/01/2024 Policy No. LDS4068982 Endorsement No. Insured TESTING HOLDINGS USA INC. Premium $ Included Insurance Company Safety National Casualty Corporation 7 %/W Countersigned By WC 04 03 06 (04 84) Page 1 of 1 ° 1998 by the Workers'Compensation Insurance Rating Bureau of California. All rights reserved. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 42 03 04 B TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. SCHEDULE 1. ( ) Specific Waiver (X) Blanket Waiver Any Person or Organization as required by written contract or agreement that is executed prior to the loss. 2. Operations: 3. Premium: $ The premium charge for this endorsement shall be percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s)arising out of the operations described. 4. Advance Premium: This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 10/01/2024 Policy No. LDS4068982 Endorsement No. Named Insured TESTING HOLDINGS USA INC. Premium $ Included Insurance Company Safety National Casualty Corporation Countersigned By WC 42 03 04 B (06 14) ©Copyright 2014 National Council on Compensation Insurance,Inc.All Rights Reserved. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 43 03 05 UTAH WAIVER OF SUBROGATION ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Utah is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Our waiver of rights does not release your employees' rights against third parties and does not release our authority as trustee of claims against third parties. SCHEDULE Any Person or Organization as required by written contract or agreement that is executed prior to the loss . This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 10/01/2024 Policy No.LDS4068982 Endorsement No. Insured TESTING HOLDINGS USA INC. Premium $ Included Insurance Company Safety National Casualty Corporation `�7 Countersigned By WC 43 03 05 (07 00) Page 1 of 1 ©2000 National Council on Compensation Insurance,Inc. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. SCHEDULE Any Person or Organization as required by written contract or agreement that is executed prior to the loss. THIS FORM APPLIES ONLY TO THE FOLLOWING STATE (S) IF COVERED BY YOUR POLICY. IF A STATE IS NOT LISTED BELOW, THIS FORM DOES NOT APPLY IN THAT STATE. AL, AK, AZ, AR, CO, CT, DE, DC, FL, GA, HI, ID, IL, IN, IA, KS, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NM, NY, NC, OK, OR, PA, RI, SC, SD, TN, VT, VA, WV This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 10/01/2024 Policy No. LDS4068982 Endorsement No. Insured TESTING HOLDINGS USA INC. Premium $ Included Insurance Company Safety National Casualty Corporation Countersigned I WC 00 03 13 (04 84) Page 1 of 1 ©1983 National Council on Compensation Insurance.