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HomeMy WebLinkAboutCAG2024-381 - Change Order - #1 - Duke's Root Control, Inc - 2024 Sewer Line Chemical Root Control Treatment - 9/25/24 FOR CITY OF KENT OFFICIAL USE ONLY Sup/Mgr: Agreement Routing Form Dir Asst: • For Approvals,Signatures and Records Management Dir/Dep: KE N T This form combines&replaces the Request for Mayor's Signature and Contract Cover (Optional) WASHINGTON Sheet forms. Originator: Department: Dani Hodgins for Ryan Carroll Public Works Date Sent: Date Required: c 09/25/2024 10/02/2024 CL Director or Designee to Sign. Date of Council Approval: Q N/A Budget Account Number: Grant?[:]YesZNo S00015 Budget?R]Yes:No Type: N/A Vendor Name: Category: Duke's Root Control, Inc. Contract Vendor Number: Sub-Category: = Change Order 0 Project Name: 2024 Sewer Line Chemical Root Control Treatment - C0#1 E `o Project Details: Extra funds were necessary as City crews directed 25 additional = manholes be serviced while service was taking place. c 40 40 Agreement Amount: $1 998.91 Basis for Selection of Contractor: Bid 47 `Memo to Mayor must be attached 11- Start Date: 9/25/24 CO #1 Termination Date: 12/31/2024 Q Local Business?F--]YesF--]No* If meets requirements per KCC3.70.100,please complete"Vendor Purchase-Local Exceptions'form on Cityspace. Business License Verification:Yes:ln-Process:Exempt(KCC 5.01.045) Notice required prior to disclosure? Contract Number: F1Yes�✓ No CAG2024-381 Comments: a1 G 3 4) H •� i N 3 f0 C V1 Date Routed to the City Clerk's Office: Interlocal Agreement has been uploaded to website: adccW22313_1_20 Visit Documents.KentWA.gov to obtain copies of all agreements rev.20210513 • KEN T WASHINGTON CHANGE ORDER NO. 1 NAME OF CONTRACTOR: Duke's Root Control, Inc. ("Contractor") CONTRACT NAME & PROJECT NUMBER: 2024 Sewer Line Chemical Root Control Treatment ORIGINAL CONTRACT DATE: July 31, 2024 This Change Order amends the above-referenced contract; all other provisions of the contract that are not inconsistent with this Change Order shall remain in effect. For valuable consideration and by mutual consent of the parties, the project contract is modified as follows: 1. Section I of the Agreement, entitled "Description of Work," is hereby modified to add additional work or revise existing work as follows: In addition to work required under the original Agreement and any prior Amendments, Contractor shall provide all labor, materials, and equipment necessary to: Additional funds are necessary as City crews authorized Contractor, while on site, to chemically treat an additional twenty-five (25) manholes. For Contractor's description and price list see Exhibit A which is attached and incorporated by this reference. 2. The contract amount and time for performance provisions of Section II "Time of Completion," and Section III, "Compensation," are hereby modified as follows: Original Contract Sum, $19,319.72 (including applicable alternates and WSST) Net Change by Previous Change Orders $0 (incl. applicable WSST) Current Contract Amount $19,319.72 (incl. Previous Change Orders) Current Change Order $1,998.91 Applicable WSST Tax on this Change $ Order Revised Contract Sum $21,318.63 CHANGE ORDER - 1 OF 3 Original Time for Completion 12/31/2024 (insert date) Revised Time for Completion under N/A prior Change Orders (insert date) Days Required (f) for this Change Order N/A calendar days Revised Time for Completion 12/31/2024 (insert date) In accordance with Sections 1-04.4 and 1-04.5 of the Kent and WSDOT Standard Specifications, and Section VII of the Agreement, the Contractor accepts all requirements of this Change Order by signing below. Also, pursuant to the above-referenced contract, Contractor agrees to waive any protest it may have regarding this Change Order and acknowledges and accepts that this Change Order constitutes final settlement of all claims of any kind or nature arising from or connected with any work either covered or affected by this Change Order, including, without limitation, claims related to contract time, contract acceleration, onsite or home office overhead, or lost profits. This Change Order, unless otherwise provided, does not relieve the Contractor from strict compliance with the guarantee and warranty provisions of the original contract, particularly those pertaining to substantial completion date. All acts consistent with the authority of the Agreement, previous Change Orders (if any), and this Change Order, prior to the effective date of this Change Order, are hereby ratified and affirmed, and the terms of the Agreement, previous Change Orders (if any), and this Change Order shall be deemed to have applied. The parties whose names appear below swear under penalty of perjury that they are authorized to enter into this contract modification, which is binding on the parties of this contract. 3. The Contractor will adjust the amount of its performance bond (if any) for this project to be consistent with the revised contract sum shown in section 2, above. IN WITNESS, the parties below have executed this Agreement, which will become effective on the last date written below. CONTRACTOR: CITY OF KENT: Digitally signed by David A.Brock DN:cn=David A.Brock,o=City of Kent, David A. Brock °u=Public Work sOperations, email=dbrock@kentwa.gov,c=US By: By: Date:2024.09.25 04:52:59-07'00' Print Name: Matt Fishbune Print Name: David A. Brock, P.E. Its CEO & President Its: Deputy Director Operations DATE: 9/24/24 DATE: CHANGE ORDER - 2 OF 3 ATTEST: APPROVED AS TO FORM: (applicable if Mayor's signature required) 6wdW Kent City Clerk Kent Law Department P:\Ad min\Contracts\Dani CHANGE ORDER - 3 OF 3 Exhibit A OUKEFS INVOICE ROOTED IN INNOVATION- Document Number Document Date Page 27414 08/27/2024 1/1 Customer No. Contact/Phone/Email C-001388 JOSEPH ARAUCTO P.E. 253-856-5664 Dept:Sewer Maintenance jaraucto@kentwa.gov Duke's Job Number PO Number KENT,CITY 3809 181599 ACCO UNTSPAYAB LE@ KENTWA.GOV KENT WA 98032 Payment Terms USA Net 30 ------------------------------------------------ Shipping Type FOB Point Delivery Address KENT,CITY 220 FOURTH AVE SOUTH KENT WA 98032 USA Job Details RCS-2408-KENT,CITY-2024-RC Services-2408 Description Quantity UoM Price Total MANHOLE ROOT CONTROL 25 EA $ 180.00 $4,500.00 Item Code: V-F-APL-MANHO-001 8"PIPE SEWER ROOT CONTROL 4,602 FT $2.02 $9,296.04 Item Code: V-F-APL-SEWRC-01X08FT 10" PIPE SEWER ROOT CONTROL 443 FT $2.22 $983.46 Item Code: V-F-APL-SEWRC-01X10FT 12"PIPE SEWER ROOT CONTROL 1,558 FT $2.43 $3,785.94 Item Code: V-F-APL-SEWRC-01X12FT 15"PIPE SEWER ROOT CONTROL 173 FT $4.61 $797.53 Item Code: V-F-APL-SEWRC-01X15FT Invoice Subtotal: $19,362.97 Total Before Tax: $19,362.97 Total Tax Amount: $1,955.66 Total Amount: $ 21,318.63 Balance Due: $ 21,318.63 Remittance Address �'�� • Accounting AMERICAN Duke's Root Control,Inc. EXPRE55 Tax ID No.: 75-3026801 Phone: 800-447-6687 400 Airport Rd.,Suite E � mastercard. Elgin,IL 60123 Fax: 315-475-4203 All credit card charges will incur Website: www.dukes.com E-Mail: accounts@dukes.com 3%convenience fee Logsheets Treated Start Time Status Street Name Client Name AssetType UpMH UT ILL DnMH DT OIL Size Length War.Term New Warranty Warranty?Work Order# 8/12/2024 07:05:00 Completed Lake Fenwick Rd South K6096_K4716 Main K6096 M S K4716 M S 15 173.00 2 8/12/2026 8/12/2024 07:35:00 Completed Reith Rd P958_P1534 Main P958 M E P1534 M E 8 28.00 2 8/12/2026 8/12/2024 08:05:00 Completed 78th Ave South A2946_A3355 Main A2946 M S A3355 M P 8 358.00 2 8/12/2026 8/12/2024 08:40:00 Completed 80th Ave S A6126_A1232 Main A6126 M E A1232 M E 12 290.00 2 8/12/2026 8/12/2024 09:25:00 Completed 80th PI S MM2787_MM4139 Main MM2787 M P MM4139 M E 8 161.00 2 8/12/2026 8/12/2024 09:50:00 Completed 66th Ave S D5166_D4143 Main D5166 M E D4143 M P 8 387.00 2 8/12/2026 8/12/2024 10:15:00 lCompleted 92nd Ave South V5538_V2001 IMain IV5538 M E V2001 M S 8 401.00 2 8/12/2026 8/12/2024 11:00:00 Completed 92nd Ave S V2001 V5438 Main V2001 M E V5438 M E 8 114.00 2 8/12/2026 8/12/2024 11:15:00 Completed 92nd Ave S V5438 V2350 Main V5438 M E V2350 M E 8 199.00 2 8/12/2026 8/12/2024 11:30:00 Completed 92nd Ave S V2350 V1223 Main V2350 M E V1223 M E 8 131.00 2 8/12/2026 8/12/2024 12:15:00 Completed SE 260th St FF3994_FF225 Main FF3994 M P FF225 M E 8 31.00 2 8/12/2026 8/12/2024 12:20:00 Completed SE 260th St FF225 _FF5925 Main FF225 M E FF5925 M S 8 33.00 2 8/12/2026 8/12/2024 12:35:00 Completed SE 258th PI FF50_FF2629 Main FF50 M E FF2629 M E 8 194.00 2 8/12/2026 8/12/2024 12:45:00 Completed SE 258th PI FF2629_FFS795 Main FF2629 M IE IFFS795 M E 8 1 108.00 2 8/12/2026 8/12/2024 12:55:00 lCompleted SE 257th St FF4206_FF280 Main IFF4206 M E FF280 IM E 112 234.00 2 8/12/2026 8/12/2024 13:15:00 Completed SE 257th St FF280 FF662 Main FF280 M E FF662 M E 12 202.00 2 8/12/2026 8/12/2024 14:15:00 Completed SE 257th St FF662 FF4003 Main FF662 M E FF4003 M E 12 245.00 2 8/12/2026 8/13/2024 07:00:00 Completed 128th PI SE 334368_335127 Main 334368 M S 335127 M S 8 311.00 2 8/13/2026 8/13/2024 07:25:00 Completed 128 Ave SE EE6184_EE2481 Main EE6184 M S EE2481 M E 12 363.00 2 8/13/2026 8/13/2024 07:50:00 Completed SE Kent-Kangley Rd EE2481_EE1025 Main EE2481 M E EE1025 M E 12 224.00 2 8/13/2026 8/13/2024 08:20:00 Completed SE 258th PI FF4418_FFSO Main FF4418 M E FF50 M E 8 178.00 2 8/13/2026 8/13/2024 08:45:00 Completed 104th Ave SE BB4483_BB2859 Main BB4483 M IE IBB2859 M E 8 1 382.00 2 8/13/2026 8/13/2024 09:30:00 Completed SE 236th St Y3192_Y3348 Main Y3192 M A Y3348 M A 8 350.00 2 8/13/2026 8/13/2024 10:25:00 Completed 106th PI SE Y5322_Y2327 IMain Y5322 M S Y2327 IM S IS 292.00 2 8/13/2026 8/13/2024 10:50:00 Completed 114th PI SE Y2493_Y3521 Main Y2493 M S Y3521 M S 8 318.00 2 8/13/2026 8/13/2024 12:00:00 Completed SE 241st PI BB718_BB1998 Main BB718 M E BB1998 M E 10 226.00 2 8/13/2026 8/13/2024 12:20:00 Completed SE 241st PI BB1998_BB3761 Main BB1998 M E BB3761 M S 10 217.00 2 8/13/2026 8/13/2024 13:05:00 Completed Prospect Ave N AA6441_AA6442 Main AA6441 M S AA6442 M S 8 314.00 2 8/13/2026 8/13/2024 13:35:00 Completed Prospect Ave N AA6442-Metro-Lid Main AA6442 M S Metro-Lid M S 8 312.00 2 8/13/2026 8/13/2024 14:10:00 Completed Lake Fenwick Rd South K4716 Manhole K4716 1.00 2 8/13/2026 8/13/2024 14:11:00 lCompleted Reith Rd P1534 Manhole IP1534 1.00 2 8/13/2026 8/13/2024 14:12:00 lCompleted 78th Ave South A3355 I Manhole A3355 1 1.00 2 8/13/2026 8/13/2024 14:13:00 Completed 80th Ave South A1232 Manhole A1232 1.00 2 8/13/2026 8/13/2024 14:14:00 Completed 80h PI South MM4139 Manhole MM4139 1 1.00 2 8/13/2026 8/13/2024 14:15:00 Completed 66th Ave South D4143 Manhole D4143 1 1.00 2 8/13/2026 8/13/2024 14:16:00 Completed 92nd Ave South V2001 Manhole V2001 1.00 2 8/13/2026 8/13/2024 14:17:00 Completed 92nd Ave South V5438 Manhole V5438 1.00 2 8/13/2026 8/13/2024 14:18:00 Completed 92nd Ave South V2350 Manhole V2350 1 1.00 2 8/13/2026 8/13/2024 14:19:00 Completed 92nd Ave South V1223 IManhole IV1223 1.00 2 8/13/2026 8/13/2024 14:20:00 Completed SE 260th St FF225 Manhole FF225 1.00 2 8/13/2026 8/13/2024 14:21:00 Completed SE 260th St FF5925 Manhole FF5925 1.00 2 8/13/2026 8/13/2024 14:22:00 Completed SE 258th PI FF2629 Manhole FF2629 1.00 2 8/13/2026 8/13/2024 14:23:00 Completed SE 258th PI FF5795 Manhole FF5795 1.00 2 8/13/2026 8/13/2024 14:24:00 Completed SE 257th St FF280 Manhole FF280 1.00 2 8/13/2026 8/13/2024 14:25:00 Completed SE 257th St FF662 Manhole FF662 1 1.00 2 8/13/2026 8/13/2024 14:26:00 Completed SE 257th St FF4003 Manhole FF4003 I 1 1.00 2 8/13/2026 8/13/2024 14:27:00 Completed 128th PI SE 335127 IManhole 1335127 1.00 2 8/13/2026 8/13/2024 14:28:00 lCompleted SE Kent-Kangley Rd EE1025 Manhole JEE1025 1 1.00 2 8/13/2026 8/13/2024 14:29:00 lCompleted SE 258th PI FF50 Manhole FF50 1.00 2 8/13/2026 8/13/2024 14:30:00 Completed 104th Ave SE BB2859 Manhole BB2859 1.00 2 8/13/2026 8/13/2024 14:31:00 Completed SE 236th St Y3348 Manhole Y3348 1.00 2 8/13/2026 8/13/2024 14:32:00 Completed 106th PI SE Y2327 Manhole Y2327 1.00 2 8/13/2026 8/13/2024 14:33:00 Completed 114th PI SE Y3521 Manhole Y3521 1.00 2 8/13/2026 8/13/2024 14:34:00 Completed SE 241st PI IBB1998 I Manhole BB1998 I I 1 1.00 2 8/13/2026 Count=54 Bum=6801.0 Page 1 of 2 U5> DATE(MM/DDNYYY) ACORN' CERTIFICATE OF LIABILITY INSURANCE 12/08/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER C NAM__:NTACT Willis Towers Watson Certificate Center ______ Willis Towers Watson Northeast, Inc. PHON_ ! FAX c/o 26 Century Blvd 1- 7- A C No; 1-888-467-2378 E-MAIL certificates@willis.com P.O, Box 305191 AD__'1�RESS: i Nashville, TN 372305191 USA INSURERS)AFFORDING COVERAGE NAIC# INSURERA: Nautilus Insurance Company 17370 INSURED INSURERB: Starr Indemnity a Liability Company 38318 Duke's Root Control, Inc. --`-�" 400 Airport Rd, Unit E INSURERC: Elgin, IL 60123 INSURERD: .___ INSURER F: COVERAGES CERTIFICATE NUMBER:W31330610 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR( - - - TYPEOFINSURANCE 'AODLSUORI ..- POLICY NUMBER _. MMDDYYYY I MM�d/YYYY � LIMITS LTR X COMMERCIAL GENERAL LIABILITY EACHOCCURRENCE $ 1,000,000 DAMAGED CLAIMS-MADE I x_j OCCUR ( PREMISE$ Ea occurrence $ 1 000,000 A I MED EXP(Any one person) $ 25,000 Y Y ECP2039143-11 12/08/2023 12/08/2024 I PERSONAL&ADV INJURY $ 1,000,000 i GEN'L AGGREGATE LIMIT APPLIES PER: j j _GENERAL AGGREGATE $ 2,000,000 - - X POLICY I ' PRO LOC PRODUCTS-COMP/OP AGG $ 2,000,000 LJ JECT I OTHER: $ AUTOMOBILE LIABILITY COMBINED S OMBINEDS INGLE LIMIT— $ 2,000,000 i X ANY AUTO BODILY INJURY(Per person) $ Included B OWNED SCHEDULED Y 1000679525231 !12/08/2023 12/08/2024 1 BODILY INJURY(Per accident)1 $ Included AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ Included AUTOS ONLY AUTOS ONLY 1(Per acciden) _. $ 17 r UMBRELLA LIAR A X OLAIMS•MADE I EACH OCCURRENCE $ 21000,000 EXCESS LIAO _J Y FFX2039144-11 112/08/2023 12/08/2024 AGGREGATE I$ 2,000,000 —1 _ DED 1 1 RETENTION$ $ WORKERS COMPENSATION X STATUTE ERH _ AND EMPLOYERS'LIABILITY CIPRIETOR./PARTNER/EXECUTIVE ❑ El.EACH ACCIDENT $ 1,000,000 B j ANYPR OFFICER MEMBEREXCLUDED? Y/N N/A 1000005190 !12/08/2023 12/08/2024(" - _ _"_ - -- (Mandatory in NH) E.L.DISEASE EA EMPLOYE__ $ 1,000,000 II Yes,describe under 1,000,000 i DESCRIPTION OF OPERATIONS below E.L.DISEASE•POLICY LIMIT $ A iPollution Liability Y ECP2039143-11 '12/08/2023 12/08/2024 Each Condition $1,000,000 i Deductible $25,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) Project: S00015 - Sewer Line Chemical Root Control Treatment. City of Rent, et. al., is included as an Additional Insured as respects to General Liability, Automobile Liability, Umbrella/Excess Liability and Pollution Liability. General Liability and Automobile Liability policies shall be Primary and Non-Contributory with any other insurance in CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE City of Kent //JJ 220 Fourth Ave South Kent, WA 98032 (�1988-2016 ACORD CORPORATION, All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD SR it): 25091594 BATCH: 3239957 3432: 2 of 5 AGENCY CUSTOMER ID: LOG#: AC`o ADDITIONAL REMARKS SCHEDULE Page 2 Of 2 AGENCY NAMED INSURED Willis Towels Watson Northeast, Inc. Duke's Root Control, Inc. 400 Airport Rd, Unit E POLICY NUMBER Elgin, IL 60123 See Page 1 CARRIER NAIC CODE See Page 1 See Page 1 EFFECTIVE DATE:See Page 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance force for or which may be purchased by City of Kent. Waiver of Subrogation applies in favor of City of Kent with respects to General Liability. The Umbrella/Excess policy Follows Form. ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SR ID: 25091594 BATCH: 3239957 CERT: W31330610 3432: 2 of 5 i THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -- OWNERS, LESSEES OR CONTRACTORS AUTOMATIC STATUS - ONGOING OPERATIONS - COVERAGE A, B, D.1 & D.4 Policy Number Policy Effective Date Policy Expiration Date EndorsemDeanttt Effective ECP2039143-11 12/8/2023 12/8/2024 12/8/2023 This endorsement modifies insurance provided under the following: ENVIRONMENTAL COMBINED POLICY I. SECTION III—WHO IS AN INSURED is amended to include as an additional insured: 1. Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement, in effect during this policy period, that such person or organization be added as an additional insured on this policy; and 2. Any other person or organization you are explicitly required to add as an additional insured under the contract or agreement described in Paragraph 1. above. Such contract or agreement must be executed and in effect prior to the performance of your work which is the subject of such contract or agreement. Such person(s)or organization(s) is an additional insured only with respect to liability for bodily injury or property damage under SECTION I — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Coverage DA —Contractors Pollution Legal Liability and Coverage D.4— Microbial Substance Contractors Pollution Liability, or personal injury or advertising injury under SECTION 1 - COVERAGE B— PERSONAL AND ADVERTISING INJURY LIABILITY directly caused by: a. Your acts or omissions; or b. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured described in Paragraph 1.or 2. above. However, the insurance afforded to such additional insured described above: a. Only applies to the extent permitted by law;and b. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured, and c. Will not extend beyond that which is provided to you in this policy. A person's or organization's status as an additional insured under this endorsement ends when your operations for the person or organization described in Paragraph 1. above are completed. II. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: a. Bodily injury, property damage or personal and advertising injury arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) 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. b. Bodily injury or property damage occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs)to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or ECP 1246 01 21 Includes copyrighted material of Insurance Services Office, Inc.,used with its permission. Page 1 of 2 3432: 3 of 5 i A , i (2) That portion of your work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. III. With respect to the insurance afforded to these additional insureds, the following is added to SECTION V — 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 described in Paragraph 1.1.; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. IV. With respect to the insurance afforded to these additional insureds, the following is added to SECTION VI— REPORTING, DEFENSE, SETTLEMENT& COOPERATION: 1. Duties-- Additional Insured An additional insured must see to it that: a. We are notified in writing as soon as practicable of an occurrence or offense which may result in a claim or suit; b. We receive written notice of a claim or suit as soon as practicable; and c. 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 contract or agreement requires that this coverage be primary and noncontributory. V. SECTION VII—CONDITION 10.—Other Insurance is amended by the addition of the following which 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 a person(s) or organization(s) included as an additional insured under this endorsement provided that: 1. The additional insured person(s) or organization(s) is a Named Insured under such other insurance; and 2. You have agreed in writing in a contract or agreement, in effect during this policy period, that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured person(s) or organization(s). Such contract or agreement must be executed and in effect prior to the performance of your work which is the subject of such contract or agreement. However, this provision does not apply if the other insurance available to the person(s) or organization(s) included as an additional insured is Owners and Contractors Protective Liability, Railroad Protective Liability, or similar project- specific, primary insurance. VI. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a SCHEDULE of additional insureds, and which endorsement applies to that designated additional insured. ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED. ECP 1246 01 21 Includes copyrighted material of Insurance Services Office, Inc.,used with its permission. Page 2 of 2 3432: 3 of 5 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF SUBROGATION (TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US) AUTOMATIC STATUS -yCOVERAGE A, B & D Policy Number Policy Effective Date Policy Expiration Date Endorsement Effective Date ECP2039143-11 12/8/2023 12/8/2024 12/8/2023 This endorsement modifies insurance provided under the following: ENVIRONMENTAL COMBINED POLICY I. The following is added to Paragraph 17. Subrogation of SECTION Vt1—CONDITIONS: We waive any right of recovery against any person(s) or organization(s) because of payments we make under COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY, COVERAGE B — PERSONAL AND ADVERTISING INJURY LIABILITY, and COVERAGE D—CONTRACTORS POLLUTION LIABILITY under this policy. Such waiver by us applies only if: 1. The insured has agreed in writing in a contract or agreement with such person(s) or organization(s) to waive its right of recovery;and 2. The insured has waived its right of recovery against such person(s) or organization(s) prior to loss. This waiver does not apply in any jurisdiction where such waiver is held to be illegal or against public policy or in any situation where the person(s) or organization(s) against whom subrogation is to be waived is found to be solely negligent. This endorsement does not apply to any person(s) or organization(s) designated in a SCHEDULE of person(s) or organization(s) against whom rights of recovery have been waived. ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED. ECP 1260 01 21 Includes copyrighted material of Insurance Services Office,Inc.,used with its permission. Page 1 of 1 3432: 4 of 5 COMMERCIAL AUTO SICA-1024 06 21 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - SCHEDULED PERSON OR ORGANIZATION AMENDATORY ENDORSEMENT Policy Number: 1000679525231 Effective Date: 12/08/2023 Named Insured: Duke's Root Control, Inc. This endorsement modifies the insurance coverage form(s) listed below that have been purchased by you and evidenced as such on the Declarations page. Please read the endorsement and respective policy(ies) carefully. BUSINESS AUTO COVERAGE FORM AUTO DEALERS COVERAGE FORM MOTOR CARRIER COVERAGE FORM SCHEDULE Additional Insured(s): Where Required by Written Contract. It is hereby agreed that SECTION 11 — COVERED AUTOS LIABILITY COVERAGE A. Coverage, 1. Who Is An Insured of the Business Auto Coverage Form and Motor Carrier Coverage Form, and SECTION I — COVERED AUTOS COVERAGES, D. Covered Autos Liability Coverage, 2. Who Is An Insured of the Auto Dealers Coverage Form are amended to include the following: Any person or organization, shown in the schedule above, to whom you become obligated to include as an additional insured under this policy, as a result of any contract or agreement you enter into which requires you to furnish insurance to that person or organization of the type provided by this policy, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by your use of a covered "auto However, the insurance afforded only applies to the extent permitted by law, and will not exceed the lesser of: (1) The coverage and/or limits of this policy; or (2) The coverage and/or limits required by said contract or agreement. All other terms and conditions of this policy remain unchanged. SICA-1024 06 21 Copyright©Starr Indemnity&Liability Company. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. 3432: 4 of5 i COMMERCIAL AUTO CA 04 49 11 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION 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 the endorsement. A. The following is added to the Other Insurance B. The following is added to the Other Insurance Condition in the Business Auto Coverage Form Condition in the Auto Dealers Coverage Form and and the Other Insurance — Primary And Excess supersedes any provision to the contrary: Insurance Provisions in the Motor Carrier This Coverage Form's Covered Autos Liability Coverage Form and supersedes any provision to Coverage and General Liability Coverages are the contrary: primary to and will not seek contribution from any This Coverage Form's Covered Autos Liability other insurance available to an "insured" under Coverage is primary to and will not seek your policy provided that: contribution from any other insurance available to 1. Such "insured" is a Named Insured under such an "insured" under your policy provided that: other insurance; and 1. Such "insured" is a Named Insured under such 2. You have agreed in writing in a contract or other insurance; and agreement that this insurance would be 2. You have agreed in writing in a contract or primary and would not seek contribution from agreement that this insurance would be any other insurance available to such primary and would not seek contribution from "insured". any other insurance available to such "insured". CA 04 49 11 16 ©Insurance Services Office, Inc., 2016 Page 1 of 1 3432: 5 of 5 i 3432: 5 of 5