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HomeMy WebLinkAboutWeatherproofing Technologies Inc; 2023-06-01; PWM23-2183FACDocuSign Envelope ID: B043C20E-8228-4457-B619-0DF02710226E 1st June PWM23-2183FAC CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT POLICE & FIRE HEADQUARTERS, SALLYPORT DECK WATERPROOFING CONT. NO. 4723 This agreement is made on the ______ day of ___________ , 2023, by the City of Carlsbad, California, a municipal corporation (hereinafter called "City") and Weatherproofing Technologies, Inc., a Delaware corporation whose principal place of business is 3735 Green Road, Beachwood, OH 44122 (hereinafter called "Contractor"). City and Contractor agree as follows:· 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, as contained in the Standard Specifications for Public Works Construction "Greenbook," latest edition and including all errata; Part 1 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 Steven Stewart (City Project Manager). PAYMENT. The City shall withhold retention as required by Public Contract Code Section 9203. 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. PFHQ, Sallyport Deck Waterproofing -Cont. No. 4723 Page 1 of 9 City Attorney Approved 02/14/2023 DocuSign Envelope ID: B043C20E-8228-4457-B619-0DF02710226E PWM23-2183FAC 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. 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 (5) years and that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontractor from participating in contract bidding. ~~ ~ Signature: ~ '/r Print Name: Jaime Kathryn Brink 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 PFHQ, Sallyport Deck Waterproofing -Cont. No. 4723 Page 2 of 9 City Attorney Approved 02/14/2023 DocuSign Envelope ID: B043C20E-8228-4457-B619-0DF02710226E PWM23-2183FAC 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 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. 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 five (5) 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. Ill Ill Ill Ill Ill PFHQ, Sallyport Deck Waterproofing -Cont. No. 4723 Page 3 of 9 City Attorney Approved 02/14/2023 DocuSign Envelope ID: B043C20E-8228-4457-B619-0DF02710226E CONTRACTOR'S INFORMATION. Weatherproofing Technologies, Inc. (name of Contractor) 274072 (Contractor's license number) B 10/31/2023 (license class. and exp. date) 1000000766 / 6/30/2025 (DIR registration number/exp. date) PWM23-2 183FAC 3735 Green Road (street address) Beachwood, OH 44122 ( city/state/zip) 858-531 -5197 (telephone no.) SAJohnson@tremcoinc.com (e-mail address) 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 Delaware oration Jaime Kathryn Brink, Vice President, Chief Financial Officer & Treasurer (print name/title) By: (sign here) (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By: Paz Gomez, Deputy City Manager, Public Works, as authorized by the City Manager If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a 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: CINDIE K. McMAHON, City Attorney BY: ____ bt_·IAA1v_~_t.YYU". __ o., __ _ Deputy City Attorney PFHQ, Sallyport Deck Waterproofing -Cont. No. 4723 Page 4 of 9 City Attorney Approved 02/14/2023 DocuSign Envelope ID: B043C20E-8228-4457-B619-0DF02710226E PWM23-2183FAC EXHIBIT A LISTING OF SUBCONTRACTORS BY GENERAL CONTRACTOR Set forth below is the full name and location of the place of business of each subcontractor 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 subcontractor for each subcontract. NOTE: The Contractor understands that if it fails to specify a subcontractor 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 "NON E." SUBCONTRACTORS Type of Work to Business Name and Address DIR License No., % of be Subcontracted Registration Classification & Total No. Expiration Date Contract Waterproofing Paramount Waterproofing & PW-LR-# 901951 90 Restoration Inc. 1000515195 Class B, C-61/O12, 736 Valley Crest Drive C-33, C-39 \Jj~i~ r'l';. Q?()O.A 07/31/2023 Total % Subcontracted: 90 ------- PFHQ, Sallyport Deck Waterproofing -Cont. No. 4723 Page 5 of 9 City Attorney Approved 02/14/2023 DocuSign Envelope ID: B043C20E-8228-4457-B619-0DF02710226E PWM23-2183FAC EXHIBIT B Police & Fire Headquarters, Sallyport Deck Waterproofing Demolish topping slab, install perimeter flashing , replace drains and provide extended warranty JOB QUOTATION ITEM UNIT QTY DESCRIPTION NO. 1 Lot 1 Demolish topping slab and removed from site 2 Lot 1 Provide and install new drains 3 Lot 1 Provide and install s.s. flashing at perimter 4 Lot 1 Provide and install Vulkem 950 and upgrade warranty 5 Lot 1 Install leveling grout at perimeter 6 Lot 1 Provide required bonds for project TOTAL* *Includes taxes, fees, expenses and all other costs. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill PRICE $15,225 $5 ,800 $13,775 $8,555 $6,840 $1 ,750 $51,945 PFHQ, Sallyport Deck Waterproofing -Cont. No. 4723 Page 6 of 9 City Attorney Approved 02/14/2023 DocuSign Envelope ID: B043C20E-8228-4457-B619-0DF02710226E PATCH AND REPAIR Date: May 17, 2023 RE : Public Safety Center Balcony Additional Work Scope Customer: City of Carlsbad Building Location: 2560 Orion Way Carlsbad, CA Completion Time: within 3 weeks of NTP Bid Price: $51,945.00 Dear Steven PWM23-2183FAC -Exhibit "B" (cont.) Based upon my inspection, we recommend the following repairs be completed. Item# 1: Demo of 2.5" mortar bed, place all debris in multiple trash bins and properly dispose of materials offsite. $ 15,225.00 Item #2: Replace roof drains with new thunderbird deck drains and tie into existing drain lines below. Tie in and waterproof into drains. This excludes moving any utilities to access drain from below or drywall work $ 5,800.00 Item #3 New flashing to parapet walls, Provide custom 26 gage stainless steel L-flashings that is approximatley 8" wide x 6" high, fasten to stucco wall, place a counterfiashing reglet and fasten over this. Seal top with Dymonic 100 $13,775.00 Item #5 Install additional intermediate coat of Vulkem 950 to upgrade system from 5 year system warranty to 1 0 year system warranty $ 8,555.00 Item #6 Install leveling coat around steel support plates on north and south wall, coat metal with rust inhibitive primer and install leveling coat to smooth transition between deck and plates and allow for proper installation of stainless steel flashings and coating system. $ 6,840.00 Item #7: Provide required bonds for project $ 1,750.00 Bid is based on prevailing wage labor rates. Thank you for the opportunity to serve you. Respectfully yours, Sten Johnson Senior Field Advisor 858-531-5197 3735 GREEN RO AD, BEACHWOOD , OH 44122 www.~m DocuSign Envelope ID: B043C20E-8228-4457-B619-0DF02710226E PWM23-2183FAC EXHIBIT C Bond No. 014 2 5 2218 LABOR AND MATERIALS BOND WHEREAS, the City Council of the City of Carlsbad, State of California, has awarded to Weatherproofing Technologies, Inc., a Delaware corporation (hereinafter designated as the "Principal"), a Contract for: POLICE & FIRE HEADQUARTERS, SALLYPORT DECK WATERPROOFING CONTRACT NO. 4723 in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of its subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, WE, Weatherproofinq Technoloqies, Inc., as Principal, (hereinafter designated as the "Contractor"), and Libert y Mutual Insurance Company as Surety, are held firmly bound unto the City of Carlsbad in the sum of fifty-one thousand nine hundred forty-five dollars ($51,945), said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the Contract by the City of Carlsbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or his/her subcontractors fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, consistent with California Civil Code section 9100, or for amounts due under the Unemployment Insurance Code with respect to the work or labor performed under this Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and subcontractors pursuant to section 13020 of the Unemployment Insurance Code with respect to the work and labor, that the Surety will pay for the same, and, also, in case suit is brought upon the bond, reasonable attorney's fees, to be fixed by the court consistent with California Civil Code section 9554. This bond shall inure to the benefit of any of the persons named in California Civil Code section 9100, so as to give a right of action to those persons or their assigns in any suit brought upon the bond. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed hereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. PFHQ, Sallyport Deck Waterproofing -Cont. No. 4723 Page 8 of 9 City Attorney Approved 02/14/2023 DocuSign Envelope ID: B043C20E-8228-4457-B619-0DF02710226E PWM23-2183FAC In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. SIGNED AND SEALED, this 24 th dayof __ M __ ay __________ ,2023 Weatherproofing Technologies, Inc . ___________ (SEAL) Liberty Mutual Insurance Company __________ (SEAL) (Principal) By: ----+----,f-j!rz7"'--__..,.,___._'--,------- (i>i£Jnature, "1..,') I (Signature) Antonio V' Corasaniti ~ f1(i lK--(_'/J K-At to,: ne y-in-Fa ct ~UR.El(_ (S EAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY -ATTACH ATTORNEY-IN- FACT CERTIFICATE) APPROVED AS TO FORM: CINDIE K. McMAHON, City Attorney By: --------={;i_;,;.tM.,c.::.:.;__,_,,f¾i=t.mV'...:....;:_c_.;;,_~ ______ _ Deputy City Attorney PFHQ, Sallyport Deck Waterproofing -Cont. No. 4723 Page 9 of 9 City Attorney Approved 02/14/2023 DocuSign Envelope ID: B043C20E-8228-4457-B619-0DF02710226E CALIFORNIA ALL-PURPOSE CERTI FICAT E OF AC KN OWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of th e individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of th at document. State of , New York } County of _____ M_o_n_ro_e ____ _ } On ____ M_ay_2_4_,_2_0_23 ___ before me, ____ J_a_n_in_e_A_.,,.,K,....a_pp,..e_n-,-----,-,,,,--,-,,,-,',...N..,.o,,..ta_ry_P_u_bl_ic __ (Here insert name and lille of the officer} personally appeared Antonio V. Corasaniti who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument th e person(s), or the entity upon behalf of which the person(s) acted, executed th e instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Notary Public Seal) Janine A. Kappen Notary Public, State of New York Reg.No.01KA6230308 Qualified in Monroe County Commission Expires Novernber 1. 2026 INSTRUCTIONS FOR COMPLETING THIS FORM ADDITIONAL OPTIONAL IN FORMATION This form complies with current California statutes regarding notal)' ll'urding and, DESCRIPTION OF THE ATTACHED DOCUMENT if needed. should be completed and attached to the document. Acknoll'ledgments from other states may be completed for documents being sent tu that state so long Police & Fire Headquarters Roof Repairs, Carlsbad, CA• PO# PWM23-2183FAC (Title or description of attached document) Labor and Material (Tille or description of attached document continued) Number of Pages _5_ Document Date May 24, 2023 CAPACITY CLAIMED BY THE SIGNER D Individual (s) D Corporate Officer (Title) D Partner(s) li2l Attorney-in-Fact □ Trustee(s) □ Other _________ _ 2015 Version www NotaryClasses com 800-873-9865 os the wording does not require the California notOI)' to violate California notary law. • State and County infonnation must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural fonns by crossing off incorrect forms (i.e. lte/she/they;-is /are) or circling the correct forms. Failure to correctly indicate this infonnation may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. ❖ Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. ❖ Indicate title or type of attached document, number of pages and date. ❖ Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to U1e signed document with a staple. DocuSign Envelope ID: B043C20E-8228-4457-B619-0DF02710226E -0 G' cii C: >~ 0 ,.._ z~ ~Libert): \P Mutual. SURETY This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY Certificate No: 8204866 KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies'), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Antonio V. Corasaniti all of the city of Rochester state of New York each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 15th day of February, 2021. STATE OF PENNSYLVANIA ss COUNTY OF MONTGOMERY Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company .,d?d;? David M. Carey, Assistant Secretary On this 15th day of February, 2021, before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. Commonwealth or Pennsylvania • Notary Seal Teresa Pastella. Notary Public Montgomery County My commission expires March 28. 2025 Commission number 1126044 Member, Pennsylvania Assoc1al10n of Notaries By:~~ Teresa Pastella, Notary Public This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV-OFFICERS: Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII -Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate ofDesignation -The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, As~istant Secretary to appoint such attorneys-inlact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization -By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduc~d signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, of Liberty Mutual Insurance Company, The Ohio Casualty Insurance Company, and West Ame,ican Insurance Company do hereby certify that this power of attorney executed by said Companies is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 24th day of May 2023 By:~~--~------- Renee C. Llewellyn, Assistant Secretary Marsh MSurety POA LMIC OCIC WAIC Multi Co_022021 UlE Q) 0 ·cu '5---' er co c:~ ·-::::i c: E ,gt' 13 (I) t;:: .0 -~@) >O::'. -=:i <!.. (/) ~o -I >,_ Q)'-c: co ,.._ E 0 Q) :i:: ... <!.. 0 -o o""" '-N Q) co ;;:, ON 0.. (") ,.._ co ..QO -0 ..-c: <D co= -0 co C: (.) 0 Q) .0 (/) ... co o,g/ LL a. DocuSign Envelope ID: B043C20E-8228-4457-B619-0DF02710226E ~Lihertx ~ Mutual. SURETY Assets Cash and Bank Deposits.................................... $3,908,755,039 *Bonds -U.S Government................................. 3,451,999,931 *Other Bonds..................................................... 18,862,255,155 *Stocks............................................................... 19,372,953,698 Real Estate........................................................ 190,092,373 Agents' Balances or Uncollected Premiums....... 7,929,876,358 Accrued Interest and Rents ............................... 166,740,412 Other Admitted Assets...................................... 15,968,062,977 Total Admitted Assets ................................. $69.850,735.943 LIBERTY MUTUAL INSURANCE COMPANY Financial Statement -December 31, 2022 Liabilities Unearned Premiums ............................................ $10,133,358,204 Reserve for Claims and Claims Expense ................. 27,953,643,316 Funds Held Under Reinsurance Treaties ................ 368,610,620 Reserve for Dividends to Policyholders................. 1,379,296 Additiona l Statutory Reserve................................ 197,278,000 Reserve for Commissions, Taxes and Other Liabilities .............................................. 9,206,000,954 Total .......................................................... $47,860,270,390 Special Surplus Funds ................. $195,696,103 Capital Stock.............................. 10,000,075 Paid in Surplus ........................... 13,324,803,036 Unassigned Surplus .................... 8,459,966,339 Surplus to Policyholders ...................................... 21,990,465,553 Total Liabilities and Surplus ................................. $69.850,735,943 * Bonds are stated at amortized or investment value; Stocks at Association Market Values. The foregoing financial information is taken from Liberty Mutual Insurance Company's financial statement filed with the state of Massachusetts Department of Insurance. I, TIM MIKOLAJEWSKI, Assistant Secretary of Liberty Mutual Insurance Company, do hereby certify that the foregoing is a true, and correct statement of the Assets and Liabilities of said Corporation, as of December 31, 2022, to the best of my knowledge and belief. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Corporation at Seattle, Washington, this 8th day of March 2023. Assistant Secretary DocuSign Envelope ID: B043C20E-8228-4457-B619-0DF02710226E ACORD® I ~ I ~ □ □ ~ ~ Fl □ □ ~ ~ ~ ~ ~ ~ ~ ~ H I I I I I □ I DocuSign Envelope ID: B043C20E-8228-4457-B619-0DF02710226E POLICY NUMBER: BAP9258789-16 COMMERCIAL AUTO CA 20 48 10 13 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 this 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: 04-01-23 SCHEDULE Name Of Person (s) Or Organization(s): AS REQUIRED TO PROVIDE ADDITIONAL INSURED STATUS 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 D.2. of Section I -Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 10 13 Confidentia1\ Non Personal Data © Insurance Services Office, Inc., 2011 Page 1 of 1 Wolters Kluwer Financial SeNices I Uniform Forms™ DocuSign Envelope ID: B043C20E-8228-4457-B619-0DF02710226E Coverage Extension Endorsement -Liability Only THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Policy No. BAP9258789-16 This endorsement modifies insurance provided under the: Business Auto Coverage Form Motor Carrier Coverage Form A. Amended Who Is An Insured I Effective Date: 04-01-23 ZURICH 1. The following is added to the Who Is An Insured Provision in Section 11 -Covered Autos Liability Coverage: The following are also "insureds": 'II 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 related 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 your 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 basis 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. B. Amendment -Supplementary Payments Paragraphs a.(2) and a.(4) of the Coverage Extensions Provision in Section 11-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. C. Fellow Employee Coverage The Fellow Employee Exclusion contained in Section II -Covered Autos Liability Coverage does not apply. Includes copyrighted material of Insurance Services Office, Inc., with its permission. U-CA-428-C CW (10/21) Page 1 of 3 DocuSign Envelope ID: B043C20E-8228-4457-B619-0DF02710226E Blanket Notification to Others of Cancellation or Non-Renewal Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. BAP9258789-16 04-01-23 04-01-24 04-01-23 25133-000 ZURICH Add'I. Prem Return Prem. -------- THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial Automobile Coverage Part ® A. If we cancel or non-renew this Coverage Part by written notice to the first Named Insured, we will mail or deliver notification that such Coverage Part has been cancelled or non-renewed to each person or organization shown in a list provided to us by the first Named Insured if you are required by written contract or written agreement to provide such notification. However, such notification will not be mailed or delivered if a conditional notice of renewal has been sent to the first Named Insured. Such list: 1. Must be provided to us prior to cancellation or non-renewal; 2. Must contain the names and addresses of only the persons or organizations requiring notification that such Coverage Part has been cancelled or non-renewed; and 3. Must be in an electronic format that is acceptable to us. B. Our notification as described in Paragraph A. of this endorsement will be based on the most recent list in our records as of the date the notice of cancellation or non-renewal is mailed or delivered to the first Named Insured. We will mail or deliver such notification to each person or organization shown in the list: 1. Within seven days of the effective date of the notice of cancellation, if we cancel for non-payment of premium; or 2. At least 30 days prior to the effective date of: a. Cancellation, if cancelled for any reason other than nonpayment of premium; or b. Non-renewal, but not including conditional notice of renewal. C. Our mailing or delivery of notification described in Paragraphs A. and B. of this endorsement is intended as a courtesy only. Our failure to provide such mailing or delivery will not: 1. Extend the Coverage Part cancellation or non-renewal date; 2. Negate the cancellation or non-renewal; or 3. Provide any additional insurance that would not have been provided in the absence of this endorsement. D. We are not responsible for the accuracy, integrity, timeliness and validity of information contained in the list provided to us as described in Paragraphs A. and B. of this endorsement. All other terms and conditions of this policy remain unchanged. Confidential\ Non Personal Data Includes copyrighted material of Insurance Services Office, Inc., with its permission. U-CA-832-A CW (01/13) Page 1 of 1 DocuSign Envelope ID: B043C20E-8228-4457-B619-0DF02710226E 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 GLO9258791-16 04-01-23 04-01-24 P4-01-23 25133-000 ---- ZURICH Return Prem. ---- THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured: RPM INTERNATIONAL INC. Address (including ZIP Code): 2628 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 LOCATION AS REQUIRED BY WRITTEN CONTRACT ANY PERSON(S) OR ORGANIZATION(S) AS REQUIRED bR WRITTEN AGREEMENT EXECUTED PRIOR TO BY WRITTEN CONTRACT OR AGREEMENT LOSS, EXCEPT WHERE SUCH CONTRACT IS PROHIBITED BY LAW A. Section II -Who 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 contract or written agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to: Confidential\ Non Personal Data Includes copyrighted material of Insurance Services Office, Inc., with its permission. U-GL-1177-F CW (04/13) Page 1 of2 DocuSign Envelope ID: B043C20E-8228-4457-B619-0DF02710226E "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering or failure to render any professional architectural, engineering 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. Supervisory, 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 following 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 another 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 or "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 lnsu ranee: 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 applicable Limits of Insurance shown in the Declarations. All other terms and conditions of this policy remain unchanged. Confidential\ Non Personal Data Includes copyrighted material of Insurance Services Office, Inc., with its permission. U-GL-1177-F CW (04/1 3) Page2of2 DocuSign Envelope ID: B043C20E-8228-4457-B619-0DF02710226E Blanket Notification to Others of Cancellation or Non-Renewal ZURICH THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Policy No. GLO9258791-16 I Effective Date: 04-01-23 This endorsement applies to insurance provided under the: Commercial General Liability Coverage Part ® A. If we cancel or non-renew this Coverage Part by written notice to the first Named Insured, we will mail or deliver notification that such Coverage Part has been cancelled or non-renewed to each person or organization shown in a list provided to us by the first Named Insured if you are required by written contact or written agreement to provide such notification. Such list: 1. Must be provided to us prior to cancellation or non-renewal; 2. Must contain the names and addresses of only the persons or organizations requiring notification that such Coverage Part has been cancelled or non-renewed; and 3. Must be in an electronic format that is acceptable to us. B. Our notification as described in Paragraph A. of this endorsement will be based on the most recent list in our records as of the date the notice of cancellation or non-renewal is mailed or delivered to the first Named Insured. We will mail or deliver such notification to each person or organization shown in the list: 1. Within 10 days of the effective date of the notice of cancellation, if we cancel for non-payment of premium; or 2. At least 30 days prior to the effective date of: a. Cancellation, if cancelled for any reason other than nonpayment of premium; or b. Non-renewal, but not including conditional notice of renewal, unless a greater number of days is shown in the Schedule of this endorsement for the mailing or delivering of such notification with respect to Paragraph B.1. or Paragraph B.2. above. C. Our mailing or delivery of notification described in Paragraphs A. and B. of this endorsement is intended as a courtesy only. Our failure to provide such mailing or delivery will not: 1. Extend the Coverage Part cancellation or non-renewal date; 2. Negate the cancellation or non-renewal; or 3. Provide any additional insurance that would not have been provided in the absence of this endorsement. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Confidential \ Non Personal Data U-GL-1521-8 CW (01 /19) Page1of2 DocuSign Envelope ID: B043C20E-8228-4457-B619-0DF02710226E POLICY NUMBER: GLO9258791-16 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 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 12 19 Confidential\ Non Personal Data © Insurance Services Office, Inc., 2018 Page 1 of 1 Wolters Kluwer Financial Services, Inc. I Uniform Forms DocuSign Envelope ID: B043C20E-8228-4457-B619-0DF02710226E POLICY NUMBER: GLO9258791-16 COMMERCIAL GENERAL LIABILITY CG24041219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS SCHEDULE Name Of Person(s) Or Organization(s): ANY PERSON(S) OR ORGANIZATION(S) AS REQUIRED BY WRITTEN CONTRACT OR AGREEMENT Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV -Conditions: We waive any right of recovery against the person(s) or organization(s) shown in the Schedule above because of payments we make under this Coverage Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person(s) or organization(s) prior to loss. This endorsement applies only to the person(s) or organization(s) shown in the Schedule above. CG 24 04 12 19 Confidential\ Non Personal Data © Insurance Services Office, Inc., 2018 Page 1 of 1 Wolters Kluwer Financial Services, Inc. I Uniform Forms DocuSign Envelope ID: B043C20E-8228-4457-B619-0DF02710226E WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 43 BLANKET NOTIFICATION TO OTHERS OF CANCELLATION OR NONRENEWAL ENDORSEMENT This endorsement adds the following to Part Six of the policy. PART SIX CONDITIONS Blanket Notification to Others of Cancellation or Nonrenewal 1. If we cancel or non-renew this policy by written notice to you, we will mail or deliver notification that such policy has been cancelled or non-renewed to each person or organization shown in a list provided to us by you if you are required by written contract or written agreement to provide such notification. However, such notification will not be mailed or delivered if a conditional notice of renewal has been sent to you. Such list: a. Must be provided to us prior to cancellation or non-renewal; b. Must contain the names and addresses of only the persons or organizations requiring notification that such policy has been cancelled or non-renewed; and c. Must be in an electronic format that is acceptable to us. 2. Our notification as described in Paragraph 1. above will be based on the most recent list in our records as of the date the notice of cancellation or non-renewal is mailed or delivered to you. We will mail or deliver such notification to each person or organization shown in the list: a. Within seven days of the effective date of the notice of cancellation, if we cancel for non-payment of premium; or b. At least 30 days prior to the effective date of: (1) Cancellation, if cancelled for any reason other than nonpayment of premium; or (2) Non-renewal, but not including conditional notice of renewal. 3. Our mailing or delivery of notification described in Paragraphs 1. and 2. above is intended as a courtesy only. Our failure to provide such mailing or delivery will not: a. Extend the policy cancellation or non-renewal date; b. Negate the cancellation or non-renewal; or c. Provide any additional insurance that would not have been provided in the absence of this endorsement. 4. We are not responsible for the accuracy, integrity, timeliness and validity of information contained in the list provided to us as described in Paragraphs 1. and 2. above. All other terms and conditions of this policy remain unchanged. Th is 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 04-01-23 Insured RPM INTERNATIONAL INC. Policy No. WC9258788-16 Insurance Company American Zurich Insurance Company WC 99 06 43 Endorsement No. Premium$ fd ·&Ed1.p1-~3~ l'bcludes copyright material of the National Council on Compensation Insurance, Inc. used with its permission. Con I enti 11 \ on e ona ata © 2012 Copyright National Council on Compensation Insurance, Inc. All Rights Reserved. Page 1 of 1 DocuSign Envelope ID: B043C20E-8228-4457-B619-0DF02710226E WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 43 BLANKET NOTIFICATION TO OTHERS OF CANCELLATION OR NONRENEWAL ENDORSEMENT This endorsement adds the following to Part Six of the policy. PART SIX CONDITIONS Blanket Notification to Others of Cancellation or Nonrenewal 1. If we cancel or non-renew this policy by written notice to you, we will mail or deliver notification that such policy has been cancelled or non-renewed to each person or organization shown in a list provided to us by you if you are required by written contract or written agreement to provide such notification. However, such notification will not be mailed or delivered if a conditional notice of renewal has been sent to you. Such list: a. Must be provided to us prior to cancellation or non-renewal; b. Must contain the names and addresses of only the persons or organizations requiring notification that such policy has been cancelled or non-renewed; and c. Must be in an electronic format that is acceptable to us. 2. Our notification as described in Paragraph 1. above will be based on the most recent list in our records as of the date the notice of cancellation or non-renewal is mailed or delivered to you. We will mail or deliver such notification to each person or organization shown in the list: a. Within seven days of the effective date of the notice of cancellation, if we cancel for non-payment of premium; or b. At least 30 days prior to the effective date of: (1) Cancellation, if cancelled for any reason other than nonpayment of premium; or (2) Non-renewal, but not including conditional notice of renewal. 3. Our mailing or delivery of notification described in Paragraphs 1. and 2. above is intended as a courtesy only. Our failure to provide such mailing or delivery will not: a. Extend the policy cancellation or non-renewal date; b. Negate the cancellation or non-renewal; or c. Provide any additional insurance that would not have been provided in the absence of this endorsement. 4. We are not responsible for the accuracy, integrity, timeliness and validity of information contained in the list provided to us as described in Paragraphs 1. and 2. above. All other terms and conditions of this policy remain unchanged. Th is 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 04-01-23 Insured: RPM INTERNATIONAL INC. Policy No. WC9258790-16 Insurance Company Zurich American Insurance Company WC 99 06 43 Endorsement No. Premium$ fd ·&Ed1.p1-~3~ l'bcludes copyright material of the National Council on Compensation Insurance, Inc. used with its permission. Con I enti 11 \ on e ona ata © 2012 Copyright National Council on Compensation Insurance, Inc. All Rights Reserved. Page 1 of 1 DocuSign Envelope ID: B043C20E-8228-4457-B619-0DF02710226E WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (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 POLICY FOR WORK PERFORMED BY YOU FOR THAT PERSON AND/OR ORGANIZATION. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The informatio n below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement 04-01-23 Effective Policy No. WC9258788-16 Endorsement No. Insured RPM INTERNATIONAL INC. Premium$ Insurance Company American Zurich Insurance Company Countersigned by WC124 (4-84) Confidenti'IJ{!:Cfj(j~if3Data Copyright 1983 National Council on Compensation Insurance, Inc. Page 1 of 1 Uniform Forms™ DocuSign Envelope ID: B043C20E-8228-4457-B619-0DF02710226E WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (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 BY PROVIDED UNDER THIS POLICY FOR WORK PERFORMED BY YOU FOR THAT PERSON AND/OR ORGANIZATION This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The informatio n below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement 04-01-23 Effective Policy No. WC9258790-16 Endorsement No. Insured RPM INTERNATIONAL INC. Premium$ Insurance Company Zurich American Insurance Company Countersigned by WC124 (4-84) Confidenti'IJ{!:Cfj(j~if3Data Copyright 1983 National Council on Compensation Insurance, Inc. Page 1 of 1 Uniform Forms™ DocuSign Envelope ID: B043C20E-8228-4457-B619-0DF02710226E Waiver of Subrogation Endorsement insured: RPM INTERN A TlONAL INC. Policy No.: EWS5965995-l 5 This endorsement modifies insurance provided by the following: Endorsement No. Effective Date of this Endorsement 04-0 I -23 Excess Insurance Policy for Selt~lnsurer of Workers Compensation and Employers LiabiHty 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 liable for loss. We agree to waive this right but only to the extent that you perform work under a written contract which requires you to obtain this agreement. Countersigned:---------------------------------------- Authorized Signature Confidential\ Non Personal Data U-E W-11 7-B CW (6104) Page l of I