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HomeMy WebLinkAboutWeatherproofing Technologies Inc; 2017-08-14; PWM18-11UTILTracking#: PWM18-11 UTIL CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT ROOF INSPECTION, PREVENTATIVE MAINTENANCE AND MINOR REPAIR SERVICES FOR SEWER LIFT STATIONS This agreement is made on the \L{~ day of Augu<;. ~ of Carlsbad, California, a municipal corporation, (hereinafter caed "City"), Technologies, Inc., a California corporation whose principal place of business Beachwood, OH 44122 (hereinafter called "Contractor"). City and Contractor agree as follows: , 2017, by the City and Weatherproofing is 3735 Green Road, DESCRIPTION OF WORK. Contractor shall perform all work specified in the Contract documents for the project described by these Contract Documents (hereinafter called "Project"). PROVISIONS OF LABOR AND MATERIALS. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents unless excepted elsewhere in this Contract. CONTRACT DOCUMENTS. The Contract Documents consist of this Contract, exhibits to this Contract, Contractor's Proposal, the Plans and Specifications, the General Provisions, addendum(s) to said Plans and Specifications, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, all of which are incorporated herein by this reference. When in conflict, this Contract will supersede terms and conditions in the Contractor's proposal. LABOR. Contractor will employ only skilled workers and abide by all State laws and City of Carlsbad Ordinances governing labor. GUARANTEE. Contractor guarantees all labor and materials furnished and agrees to complete the Project in accordance with directions and subject to inspection approval and acceptance by: Jesse Castaneda (City Project Manager) WAGE RATES. The general prevailing rate of wages for each craft or type of worker needed to execute the Contract shall be those as determined by the Director of Industrial Relations pursuant to Sections 1770, 1773 and 1773.1 of the Labor Code. Pursuant to Section 1773.2 of the Labor Code, a current copy of the applicable wage rates is on file in the Office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in execution of the Contract. Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer" for the purposes of section 4107 and 4107.5. The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the Contract for work. A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. ROOF INSPECTION, PREVENTATIVE MAINTENANCE AND MINOR REPAIR SERVICES FOR SEWER LIFT STATIONS Page 1 of 7 City Attorney Approved 9/27/16 Tracking #: PWM18-11 UTIL FALSE CLAIMS. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the contractor may be prevented from further bidding on public contracts for a period of up to five years and that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or ~be~ tor participating in contract bidding. Signature: --;;ie~ '-<' Print Name: Michael Drumm REQUIRED INSURANCE. The successful contractor shall provide to the City of Carlsbad, a Certification of Commercial General Liability and Property Damage Insurance and a Certificate of Workers' Compensation Insurance indicating coverage in a form approved by the California Insurance Commission. The certificates shall indicate coverage during the period of the contract and must be furnished to the City prior to the start of work. The minimum limits of liability insurance are to be placed with California admitted insurers that have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. Commercial General Liability Insurance of Injuries including accidental death, to any one person in an amount not less than ........ $1,000,000 Subject to the same limit for each person on account of one accident in an amount not less than ....... $1,000,000 Property damage insurance in an amount of not less than ....... $1,000,000 Automobile Liability Insurance in the amount of $1,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non- scheduled. The automobile insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. The above policies shall have non-cancellation clauses providing that thirty (30) days written notice shall be given to the City prior to such cancellation. The policies shall name the City of Carlsbad as an additional insured. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. BUSINESS LICENSE. The Contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. ROOF INSPECTION, PREVENTATIVE MAINTENANCE AND MINOR REPAIR SERVICES FOR SEWER LIFT STATIONS Page 2 of 7 City Attorney Approved 9/27 /16 Tracking#: PWM18-11UTIL INDEMNITY. The Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those related to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The expenses of defense include all costs and expenses including attorneys' fees for litigation, arbitration, or other dispute resolution method. JURISDICTION. The Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. Start Work: Contractor agrees to start within twenty one (21) working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within sixty (60) working days after receipt of Notice to Proceed. CONTRACTOR'S INFORMATION. Ill Ill Ill Ill Ill Ill Weatherproofing Technologies, Inc., (name of Contractor) 274072 (Contractor's license number) C39 & B 10/31/17 (license class. and exp. date) 1000000766 (DIR registration number) 6/30/18 (DIR registration exp. date) ROOF INSPECTION, PREVENTATIVE MAINTENANCE AND MINOR REPAIR SERVICES FOR SEWER LIFT STATIONS Page 3 of 7 3735 Green Road ( street address) Beachwood, OH 44122 (city/state/zip) 858-531-5197 (telephone no.) None (fax no.) sajohnson@tremcoinc.com (e-mail address) City Attorney Approved 9/27/16 Tracking#: PWM18-11UTIL AUTHORITY. The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR: WEATHERPROOFING TECHNOLOGIES, INC. A SUBSIDIARY OF TREMCO INC., Michael Drumm, Vice President. CFO, Treasurer (print name/title} By: (sign here) Brink, Vice President Treasurer (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By: Ela;ne Luk~~s rnrector as authorized by the City Manager If required by City, proper notarial acknowledgment of execution by Contractor must be attached . .!.f._g_ corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA~ey BY:_---=----==..:~::.=.c=-=-........._--- Deputy City Attorney ROOF INSPECTION, PREVENTATIVE MAINTENANCE AND MINOR REPAIR SERVICES FOR SEWER LIFT STATIONS Page 4 of 7 City Attorney Approved 9/27/16 Tracking#: PWM18-11UTIL EXHIBIT A LISTING OF SUBCONTRACTORS BY GENERAL CONTRACTOR Set forth below is the full name and location of the place of business of each sub-contractor whom the Contractor proposes to subcontract portions of the Project in excess of one-half of one percent of the total bid, and the portion of the Project which will be done by each sub-contractor for each subcontract. NOTE: The Contractor understands that if it fails to specify a sub-contractor for any portion of the Project to be performed under the contract in excess of one-half of one percent of the bid, the contractor shall be deemed to have agreed to perform such portion, and that the Contractor shall not be permitted to sublet or subcontract that portion of the work, except in cases of public emergency or necessity, and then only after a finding, reduced in writing as a public record of the Awarding Authority, setting forth the facts constituting the emergency or necessity in accordance with the provisions of the Subletting and Subcontracting Fair Practices Act (Section 4100 et seq. of the California Public Contract Code). If no subcontractors are to be employed on the project, enter the word "NONE." SUBCONTRACTORS Portion of Project to Business Name and Address DIR Registration License No., ¾of be Subcontracted No. Classification & Total Expiration Date Contract Total% Subcontracted: --~tJ-~_~_C __ The Contractor must perform no less than fifty percent ( 50%) of the work with its own forces. ROOF INSPECTION, PREVENTATIVE MAINTENANCE AND MINOR REPAIR SERVICES FOR SEWER LIFT STATIONS Page 5 of 7 City Attorney Approved 9/27 /16 Tracking #: PWM 18-11 UTI L ITEM UNIT QTY NO. 1 Job 10 sites 12 2 Job building roofs EXHIBIT B JOB QUOTATION DESCRIPTION Provide full Tremcare inspections including drawing of roofs, condition assessment, preventative maintenance, minor repairs (as stated in Attachment #1) and long-term budget plan/recommendations. All information loaded into OLI and updated during subsequent inspections. Sewer lift station facilities: 2359 Carlsbad Boulevard, Home Plant -new control room roof and generator room (two buildings at this site) 4155 Harrison Street, Foxes -control room 300 Cannon Road, Terramar-metal roof 4010 Carlsbad Boulevard, Chinquapin -metal roof 3086 Tamarack Avenue, Simsbury-generator room 2425 Poinsettia Lane, Ponsettia -control room and generator room (two buildings at this site) 501 Knots Lane, Knots -control room 2197 Cannon Road, Cannon -control room and generator room 613 Sand Shell, Sand Shell -control room 5812 El Fuerte, El Fuerte -control room TOT AL NOT TO EXCEED *Includes taxes, fees, expenses and all other costs. PRICE $6,370 ROOF INSPECTION, PREVENTATIVE MAINTENANCE AND MINOR REPAIR SERVICES FOR SEWER LIFT STATIONS Page 6 of 7 City Attorney Approved 9/27/16 Tracking #: PWM 18-11 UTI L EXHIBIT B ATTACHMENT #1 TREMCARE PROGRAM OVERVIEW Full report of each inspection with conditions noted and any maintenance/repair work performed to develop ongoing database for each roof including CAD drawings of each roof level. General rooftop housekeeping including removal of incidental debris, leaves, branches, paper and similar items. Drains, gutters and scuppers will be cleaned as well. Preventative maintenance and minor repair to include minor imperfections found in the roof membrane, projection and perimeter flashing system. These will be repaired with quality repair mastics and membranes as follows: Parapet Wall and Counterflashing System and Equipment Flashing 1. Tears, splits and breaks in membrane flashings will be repaired. 2. Breaks, tears and splits in flashing strip-ins will be repaired. 3. Coat all exposed reinforcing membrane/mastic with reflective coating. 4. Exposed fasteners will be resealed. 5. Voids in termination bars, counterflashings and parapet cap will be cleaned and resealed. 6. Re-secure termination bars and counterflashings. 7. Check and re-secure loose metal coping caps. 8. Unsecured roof-top equipment will be secured. 9. All pitch pans will be refilled and topped off. 10. Metal projections (hoods and clamps) will be checked and resealed. Roof Membrane 1. Tears, splits and breaks in the roof system will be repaired. 2. All membrane repairs will follow the manufacturer's written repair and maintenance guidelines. 3. Dress-up reflective coating on flashings/membrane. 4. Repair any soft blisters or open ridges which require immediate attention. Drains, Gutters and Scuppers 1. Check and re-secure drain bolts and clamping rings. 2. Advise owner of missing drain dome strainers. 3. Check strip-in around drain leads, coat with approved mastic. 4. Check gutter straps, joints and strip-ins. 5. Check inside and exterior of scuppers for open solder or caulking seals. ROOF INSPECTION, PREVENTATIVE MAINTENANCE AND MINOR REPAIR SERVICES FOR SEWER LIFT STATIONS Page 7 of 7 City Attorney Approved 9/27 /16 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 03/29/2017 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 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 MARSH USA INC. NAME: rA~~N,.t i: .. ,. I FAX 200 PUBLIC SQUARE, SUITE 1000 IA/C Nol: CLEVELAND, OH 44114-1824 E-MAIL ADDRESS: INSURER/SI AFFORDING COVERAGE NAIC# 34492 -CAS-FRONT-17-18 WEATH INSURER A : Zurich American Insurance Company 16535 INSURED INSURER B: American Zurich Insurance Company 40142 WEATHERPROOFING TECHNOLOGIES, INC. INSURER C : N/A N/A TREMCO INCORPORATED AND ITS SUBSIDIARIES 3735 GREEN RD INSURERD: BEACHWOOD, OH 44122 INSURER E: INSURERF: COVERAGES CERTIFICATE NUMBER: CLE-004815016-10 REVISION NUMBER:17 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 •••en IW\tn POLICY NUMBER IMM/DD/YYYYl IMM/DD/YYYYl A X COMMERCIAL GENERAL LIABILITY GL09258791-10 04/01/2017 04/01/2018 EACH OCCURRENCE $ 2,000,000 ~ ~ CLAIMS-MADE 0 OCCUR DAMAGE TO RENTED PREMISES /Ea occurrence\ $ 1,000,000 MED EXP (Any one person) $ 10,000 ~ PERSONAL & ADV INJURY $ 2,000,000 ~ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 ./ fl DPRO-DLoc 4,000,000 POLICY JECT PRODUCTS -COMP/OP AGG $ OTHER: $ A AUTOMOBILE LIABILITY BAP9258789-10 04/01/2017 04/01/2018 COMBINED SINGLE LIMIT $ 1,000,000 -/Ea accident\ X ANY AUTO BODILY INJURY (Per person) $ -ALL OWNED -SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ ~ NON-OWNED PROPERTY DAMAGE X HIRED AUTOS X AUTOS /Per accident\ $ - $ UMBRELLA LIAB HOCCUR EACH OCCURRENCE $ - EXCESS LIAB CLAIMS-MADE AGGREGATE $ OED I I RETENTION$ $ B WORKERS COMPENSATION WC9258790-10 (WI & MA) 04/01/2017 04/01/2018 X I ~-\%uTE I I OTH- AND EMPLOYERS" LIABILITY ER B YIN WC9258788-10 (AOS) 04/01/2017 04/01/2018 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE ~ E.L. EACH ACCIDENT $ A OFFICER/MEMBER EXCLUDED? N/A 04/01/2018 (Mandatory in NH) EWS5965995-09 (EXCESS OH) 04/01/2017 E.L. DISEASE -EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below EXCESS OHIO SIR: $500,000 E L. DISEASE -POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CITY OF CARLSBAD IS NAMED AS ADDITIONAL INSURED (EXCEPT FOR WORKERS COMPENSATION) WHERE REQUIRED BY WRITTEN CONTRACT. THE INSURANCE AFFORDED UNDER THE GENERAL LIABILITY POLICY FOR THE ADDITIONAL INSURED(S) IS PRIMARY INSURANCE AND ANY OTHER INSURANCE MAINTAINED BY OR AVAILABLE TO THE ADDITIONAL INSURED(S) IS NON- CONTRIBUTORY. PER COVERAGE FORM, AUTO COVERAGE WILL APPLY ON A PRIMARY BASIS. WAIVER OF SUBROGATION IN FAVOR OF THE ADDITIONAL INSURED(S) UNDER THE GENERAL LIABILITY, AUTOMOBILE LIABILITY, AND WORKERS COMPENSATION POLICIES. CERTIFICATE HOLDER CANCELLATION CITY OF CARLSBAD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 1635 FARADAY AVENUE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN CARLSBAD, CA 92008 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marsh USA Inc. I Kevin J. Robinson-I ~A--~ © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: BAP9258789-10 COMMERCIAL AUTO CA 20481013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by th is endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: RPM INTERNATIONAL INC. Endorsement Effective Date: 04-01-17 SCHEDULE Name Of Person(s) 01' Organization(s): AS REQUIRED TO PROVIDE ADDITIONAL INSURED STATUS I ON A PRIMARY, NON-CONTRIBUTORY BASIS, IN A WRITTEN CONTRACT OR WRITTEN AGREEMENT ' EXECUTED PRIOR TO LOSS, EXCEPT WHERE SUCH CONTRACT OR AGREEMENT IS PROHIBITED BY LAW Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an ''insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section II - Covered Autos Liability Coverage in the Business Auto and Motor Carrier' Coverage Forms and Paragraph 0.2. of Section I -Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20481013 © Insurance SeNices Office, Inc., 2011 Page 1 of 1 Wolters Kluwer Financial Services I Unifonn Forms TM 0 Coverage Extension Endorsement -Liability Only ZURICH Policy No, Eff. Date of Pol. Exp. Date of PoL Fff. Date of Encl Producer No, Add'I. Prem Return Prem. BAP9258789-10 04-01-17 04-01-18 04-01-17 25133-000 __ ... _ --..... THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Business Auto Coverage Form Motor Carrier Coverage Form A. Amended Who ls An Insured 1. The following is added to the Who Is An Insured Provision in Section II-Covered Autos Liability Coverage: The following are afso "insureds"; a. Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow for acts performed within the scope of employment by you. Any ''employee" of yours is also an ''insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties rerated to the conduct of your business. b. Anyone volunteering services to you is an "insured" while using a covered "auto" you don't own, hire or borrow to transport your clients or other persons in activities necessary to your business. c. Anyone else who furnishes an "auto" referenced in Paragraphs A.1.a. and A.1.b. in this endorsement. d. Where and to the extent permitted by law, any person(s) or organization(s) where required by written contract or written agreement with you executed prior to any "accident", including those person(s) or organization(s) directing you( work pursuant to such written contract or written agreement with you, provided the "accident" arises out of operations governed by such contract or agreement and only up to the limits required in the written contract or written agreement, or the Limits of Insurance shown in the Declarations, whichever is less. 2. The following is added to the Other Insurance Condition in the Business Auto Coverage Form and the Other Insurance-Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form: Coverage for any person(s) or organization(s), where required by written contract or written agreement with you executed prior to any "accident", will apply on a primary and non-contributory t;lasis and any insurance maintained by the additional "insured" will apply on an excess basis. However, in no event will this coverage extend beyond the terms and conditions of the Coverage Form. 8. Amendment -Supplementary Payments Paragraphs a.(2) and a.(4) of the Coverage Extensions Provision in Section II -Covered Autos Liability Coverage are replaced by the following: (2} Up to $5,000 for the cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. Includes copyrighted material of Insurance Services Office. Inc., with its permission. U-CA-428-A CV-J {02-14} Page 1 of3 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY wcoo 0313 {Ed. 04-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named In the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule ALL PERSONS AND/OR ORGANIZATIONS AS REQUIRED BY WRITTEN CONTRACT OR AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE ACCIDENT OR, THAT WAIVER OF SUBROGATION BE PROVIDED UNDER THIS POLlCY FOR WORK PERFORMED BY YOU FOR THAT PERSON AND/OR ORGANIZATION. This endorsement cllanges the policy to wliich it is attached and is effective on the date issued unless otherwise stated. (The information below Is required only when this endorsement is Issued subsequent to preparation of the policy.) Endorsement 04-01-17 Insured: RPM International Inc. Effective Policy No. WC9258788-10 Endorsement No. Premium$ Insurance Company: American Zurich Insurance Company Countersigned by ---1b ...... .-,.;w~-~..-........, .... -.i\t1----- WC124 (4-84) WC 000313 Copyright 1983 National Counci! on Compensation Insurance, Irie. Page 1 of 1 Uniform Forms TM WORKERS COMPENSATION ANO EMPLOYERS LIABILITY INSURANCE POLICY WC000313 (Ed. 04-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone Hable for an injury covered by lhis policy. We wtll not enforce our right against the person or organi;;,;ation 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 ALL PERSONS AND/OR ORGANIZATIONS AS REQUIRED BY WRITTEN CONTRACT OR AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE ACCIDENT OR, THAT WAIVER OF SUBROGATION BE PROVIDED UNDER THIS POLICY FOR WORK PERFORMED BY YOU FOR THAT PERSON AND/OR ORGANIZATION. THIS WAIVER DOES NOT APPLY IN WISCONSIN. Thfs endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below I$ required only when this endorsement is issued subsequent to preparation of the policy.} Endorsement 04-01 -17 Effecfive Policy No. WC9258790-10 Endorsement No. insured: RPM INTERNATIONAL lNC. Insurance Company: American Zurich Insurance Cornpany Countersigned by WC124 (4-84) WC 000313 Copyright i983 National Council on Compensation Insurance, Inc. Page 1 of1 Uniform FormsrM Waiver of Subrogation Endorsement Insured; RPM INTERNATIONAL INC. Policy No.'. EWS5965995-09 This endorsement modifies insurance provided by the following: Endorsement No.: 5 Effective Date of this Endorsement: 04-01-17 Excess Insurance Policy for Sel£-Jnsurer of Workers Compensation and Employers Liability This policy is changed to provide: ~ ZURICH Part Six -Condition G -Subrogation -Recovery From Others • gives us the right to recover all payments which we have made to you from anyone Hable for [oss. We agree to waive this right but only to the extent that you perform work under a written contract whicn requires you to obtain this agreement. Countersigned:-------------------------------------- Authorized Signature U-EW-117-8 CW (6104) Page I of I POLICY NUMBER: GlO9258791-10 COMMERCIAL GENERAL LIABILITY CG 2001 0413 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 LIABlLITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABrLITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary; Primary And Noncontributory Insurance 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 (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. CG 20 01 0413 @ Insurance Services Office, Inc .. 2012 Page 1 of 1 Wolters Kluwer Financial Services l Unifonn Forms™ 8 Waiver Of Subrogation (Blanket) Endorsement ZURICH Pol:cy No. Eff Date of Pol Exp Date of Pol EfT Date of End. Producer Add'L Prem Return Prem ']LO9258791-lD P4-0H7 04-0H& 04-01-17 n5133.ooo $----$-·-· THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ ITCAREHILLV. This endorsement modifies insurance provided under the: Commer('ial General Liability Coverage Part The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: If you are required by a written contract or agreement, which is executed before a loss, to waive your rights of recovery from oth· ers, we agree to watve our rights of recovery. This waiver of rights shall not be construed to be a waiver with respect to any other operations in which the insured has no contractual interest. ANY PERSON($) OR ORGANIZATION(S) AS REQUIRED BY WRITTEN CONTRACT OR AGREEMENT U-GL-925-l:l CW t 12/0 ! l Fage I of 1 Additional Insured -Owners, Lessees Or Contractors - Scheduled Person Or Organization Policy No Eff. Date of Pol Exp. Date of Pol. Eff. Date of End. Producer No. Add'I. Prem G LO9258791-10 04-01-17 04-01-18 04-01-17 25133-000 ~--- @ ZURICH Return Prem. ---I THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured: RPM INTERNATIONAL INC. Address (including ZIP Code): 2826 PEARL ROAD MEDINA, OH 44258 This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part SCHEDULE Name Of Additional Insured Person(s) Location And Description Of Covered Operations Or Organization(s) ~NY PERSON(S) OR ORGANIZATION(S) AS REQUIRED ANY LOCATION AS REQUIRED BY WRITTEN CONTRACT av WRITTEN CONTRACT OR AGREEMENT OR WRITTEN AGREEMENT EXECUTED PRIOR TO LOSS, EXCEPT WHERE SUCH CONTRACT IS PROHIBITED BY LAW A. Section If -Wllo Is An Insured is amended to include as an additional insured the person or organization shown in the Schedule above, whom you are required to add as an additional insured on this policy under a written contract or written agreement. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part. by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf, in the performance of your ongoing operations or "your work" as included in the "products-completed operations hazard", which is the subject of the written contract or written agreement at the Location designated and described in the Schedule above. However, the insurance afforded to such additional insured: 1. Only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by the written con1ract or written agreement to provide for such additional insured. 8. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: Includes copyrighted matelial of Insurance Sen1!ces Office, !r.c., with its permission. U-GL-1177-F CV/ {04/13) Page 1 of2 This insurance does not apply to: "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering or failure to render any professional architectural, engineer(ng or surveying services including: a. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervlsory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the ''occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved, the rendering of or the failure to render any professional architectural, engineering or surveying services. C, The fo!rowing is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV - Commercial General Liability Conditions: The additional insured must see to it that: 1. We are notified as soon as practicable of an "occurrence" or offense that may result in a claim; 2. We receive written notice of a claim or "suit" as soon as practicable: and 3. A request for defense and indemnity of the claim or "suit'' will promptly be brought against any policy issued by ano1her insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured, if the written contract or written agreement requires that this coverage be primary and non-contributory. D. For the purpose of the coverage provided by this endorsement 1. The following is added to the Other Insurance Condition of Section IV -Commercial General Liability Conditions: Primary and Noncontributory insurance This Insurance is primary to and will not seek contribution from any other insurance available to an additional insured provided that: a. The additional insured is a Named Insured under such other insurance; and b. You are required by written contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured. 2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition of Section IV -Commercial General Liability Conditions: This insurance is excess over: Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same "occurrence~, offense, claim ot "suit". This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by written contract or written agreement to provide coverage to the additional insured on a primary and non- contributory basis, E. With respect to the insurance afforded to the additional insureds under this endorsement, the following is added to Section Ill -Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement referenced in Paragraph A. of this endorsement; or 2. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less, This endorsement shall not increase the applrcable Limits of Insurance shown in the Declarations. All other terms and conditions of this policy remain unchanged. lncLldes copyrighted material of Insurance Services Office, Inc., with its permission. U-GL-1177-F CW {04/13) Page2 of2