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HomeMy WebLinkAboutCANNON CORPORATION (2)— INSURANCE ON FlLE A-2025-022 WORK MAY PROCEED UNTIL 4NSUR�N E EXPIRES � CITYSREEMENT WITH CANNON CORPORATION TO PROVIDE CONSTRUCTION O P� MANAGEMENT AND INSPECTION SERVICES FOR BRISTOL STREET IMPROVEMENTS PROJECT THIS AGREEMENT is made and entered into this 4th day of March, 2025 by and between Cannon Corporation ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On December 19, 2024, City released a Request for Proposals (RFP) No. 24-139, by which it sought qualified consultants having special skill and knowledge in the field of construction management and inspection services for the Public City's Works Agency. B. Consultant submitted a responsive proposal which was selected by City. Consultant represents that it is able and willing to provide the services described in the scope of work included in RFP No. 24-139. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services under this Agreement, the rates and charges identified in Exhibit B. The total sum to be expended under the term of this Agreement, including any extension, shall not exceed $1,998,642. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and Consultant agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Consultant agrees to execute the City's standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Consultant's account(s) with financial institutions. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. "NEEMINDITLY51 This Agreement shall commence on March 4, 2025 and terminate on March 3, 2027, unless terminated earlier in accordance with Section 17, below. The term of this Agreement may be extended for an additional one (1) year term period upon a writing executed by the City Manager and City Attorney. 4. PREVAILING WAGES Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require any subcontractors to obtain and maintain insurance as described below for the entire Term of this Agreement against claims for injuries to persons or damage to property which may arise from or in connection with services, products and materials supplied to City. Total cost of such insurance shall be borne by Consultant. MINIMUM SCOPE AND LIMIT OF INSURANCE • Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence and $4,000,000 aggregate. Required policy limits can be met with primary and umbrella/excess insurance policies. Automobile Liability (AL). Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with limits no less than $1,000,000 combined single limits. In the event Consultant does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance. Workers' Compensation (W/C): as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident, per employee, per policy for bodily injury or disease. Coverage is not required if Consultant has no employees and signs request to waive such insurance. • Professional Liability Insurance: with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 aggregate. If Consultant maintains broader coverage and/or higher limits than the minimums requirements shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: 1. City, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds, under Consultant's CGL, Professional Liability, and Automobile Liability policies, with respect to any liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, equipment, and personnel furnished in connection with such work or operations. 2. Consultant's Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Consultant under this Agreement. 3. For any claims related to this contract, Consultant's insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it. 4. A severability of interest provision must apply for all the additional insureds, ensuring that Consultant's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer's limits of liability. 5. Insurance policies required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non -renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non -renewal due to non-payment of premium. 6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Danny Mai, 20 Civic Center Plaza, M-36, Santa Ana, CA 92701. The name and location of project must be included in the Description of Operations section of each certificate. Self -Insured Retentions Self -insured retentions must be declared to and approved by the City. City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the State of California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to City. Verification of Coverage Consultant shall furnish City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive Consultant's obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 8. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant or its subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney's fees, for infringement of any United States' letters patent, trademark, or copyright contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 10. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 11. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, relation, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or in connection with any activities under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 15. ASSIGNMENT 6 Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other contractors retained by City. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completcd as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 18. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 19. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 20. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: City Clerk City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 With courtesy copies to: Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, CA 92702 To Consultant: Cannon Corporation 16842 Von Karman Ave., Suite 150 Irvine, CA 92606 Attn: Patrick Riddell, PE, CPII, QSD A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these timeframes, weekends, federal, state, County or City holidays shall be excluded. 21.. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. Jennifer a APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By: le Nellesen Assistant City Attorney RECOMMENDED FOR APPROVAL: Digitally signed by Nabil Sala Nabil S a a pate: 2025.02.12 13:53:46 -08,00, Nabil Saba, P.E. Executive Director Public Works Agency CITY OF ANTA AN �N Alv ro Nunez City Manager CANNON CORPORATION Y � By: Pat Riddell Title: Director, Construction Management Division EXHIBIT A 10 (9) CITY OF SANTA ANA EXHIBIT I SCOPE OF SERVICES INTRODUCTIONIBACKGROUND The City of Santa Ana is soliciting proposals to engage a professional consultant to perform construction management and inspection services. The consultant shall provide at least three individuals to act as Construction Manager (CM, the "owner's representative"), Inspector, and a Contract Administrator (CA), and serve as an extension of City staff to assist in the overall delivery of this project which includes performing independent review of plans, specifications, and estimate, pre -construction tasks, managing construction and ensuring that the work is completed in accordance with any applicable funding requirements, contract documents, and project closeout, and warranty phase. The consultant team will report directly to the City's Construction Manager or his authorized representative. City staff may assist in managing construction and will oversee the work of the Construction Manager, Inspector, and Contract Administrator. In 1990, the approved project of the Widening of Bristol Street, from Warner Avenue to Memory Lane Project, was subsequently divided into several phases. This project focuses on the 0.52-mile segment of Bristol Street between Warner Avenue and Saint Andrew Place in the City of Santa Ana. In accordance with the National Environmental Policy Act (NEPA) environmental evaluation conducted in 2013, the project area is located within a fully developed, urban setting within the City's limits. Land use within the area consists of a mix of general commercial/retail development, professional offices, and single-family residential units. Bristol Street is classified as a north -south Major Arterial per the City General Plan Circulation purpose of the project is to (1) provide sufficient roadway capacity to accommodate current and future traffic demand, (2) improve the performance and safety of the roadway, (3) reduce current and projected future delays experienced at major intersections by designing intersections to function at acceptable Levels of Service (LOS), and (4) provide a roadway design conducive to the provisions of the current GPCE and the MPAH designation of Major Arterial (i.e. public transportation requirements, cross section and curb - to -curb pavement width). As a result, Right -of -Way Acquisitions for approximately 43 residential and commercially used parcels were completed to accommodate the new land use and construction of this project. Site Improvements may include, but is not limited to: • New street pavement and cul-de-sacs • Sound wall • Gutter, curb, cross gutters, and sidewalks • Traffic signal improvements • Traffic striping • Storm drain • Landscape and Irrigation • Street lighting • Water main improvements • Abandon Sewer laterals and CCTV Inspection of Sewer (9) CITY OF SANTA ANA • Electrical joint trench • Underground utility work Note: Minor changes to plans and the preparation of the specifications may occur during the RFP process without notice to the prospective proposer, however, selected firm will have access to the latest documents once the RFP has been awarded. Consultant Responsibilities The Consultant's responsibilities shall include the following project tasks: The required services by the Construction Manager (who will be performing plan checking services), the Inspector, and the Contract Administrator may include the following: 1. The CM shall be a registered engineer in the State of California or a Certified Construction Manager (CCM) and shall represent the City Construction Manager in the field. The CM shall possess a minimum of (5) years' experience in construction management. The Inspector and the Contracts Administrator should have relevant experience in construction management and certifications that affirm the experience. 2. The CM team shall be responsible for review of completeness and quantity of all required shop drawings, product data, samples, requests for information (RFI), and other submittals ("Submittals"). Shall coordinate with design consultant to review before transmitting their assessment of each Submittal to City staffing for final approval, and shall establish and implement procedures for expediting the processing and approval of Submittals. 3. Lead pre -construction meeting and schedule and conduct weekly construction and progress meetings to discuss such matters as procedures, progress, problems and scheduling. Will prepare and promptly distribute minutes. 4. Attend and co -lead up to three (3) Construction Update meetings with the community, including a pre -construction meeting. Primary purpose of these meetings are to provide pertinent updates to the community and answer any questions relating to the construction project. 5. Shall be responsible for ensuring that all building permits, special permits, if required are obtained, and that all applicable fees have been paid, and shall obtain approvals from authorities having jurisdiction over the Project. 6. Shall review construction schedule, including activity sequences and duration, schedule of submittals and schedule of delivery for products with long lead-time. Update the project schedule as required showing current conditions and revisions required by actual progress. 7. Shall conduct comprehensive evaluation of change order requests, provide independent estimates, render recommendations and assist in claim resolution. Shall regularly monitor and report on the status of the Project Construction Budget on a monthly basis, indicating actual costs for completed activities and work in progress, and indicating estimates for uncompleted work. Report should identify variances between actual and budgeted or estimated costs, and shall advise the City whenever it appears (9) CITY 4F SANTA ANA that the Actual Construction Cost has exceeded, or will exceed, the Project Construction Budget for the entire Project or any Project Component. 8. Monitor the contractor's safety program. Take necessary steps to ensure the jobsite conditions are in compliance with OSHA regulations. 9. Maintain cost accounting records on authorized work performed under unit costs and additional work performed on the basis of actual costs of labor and materials, or other work requiring accounting records. 10. May develop and implement procedures for the review and processing of applications by contractor for progress and final payments. CM is responsible to review and approve monthly progress payments, and make recommendations for certification to the City for payment. 11. Act as an advisor to the city throughout construction and commission of the project. Determine that the work of contractor is being performed in accordance with the contract documents. Make recommendations to the City regarding special inspection or testing of work not in compliance with the provisions of the contract documents. Subject to review by the City, reject work which does not conform to the requirements of contract documents. 12. The individuals, Construction Manager, Inspector and Contract Administrator, shall not be responsible for construction means, methods, techniques, sequences and procedures employed by the contractor in the performance of the contract, and shall not be responsible for the failure of the contractor to carry out work in accordance with the contract documents. However, any errors, omissions, or discrepancies found in the Contract Documents shall be called to the attention of the City's Construction Manager and clarified prior to construction starts. 13. Consult with the City when the contractor requests interpretations of the meaning and intent of the drawings and specifications, and assist in achieving the resolution of problems, which may arise. 14. Record the progress of the project. Submit written daily and progress reports to the City. Keep daily logs containing a record of weather, contractor's work on the site, number of workers and equipment, work accomplished, problems encountered, and other relevant data. Make the log available to the City. Prepare and send Weekly Statement of Working Days to the contractor. Monitor contractor's compliance with labor code requirements. 15. Maintain, at the job site, records of contract documents including drawings, addenda, change orders, and other modifications of plans and specifications marked to show all changes made during construction. Maintain as -built records of underground utilities, including locations and depths of trenches. At the completion of the project, deliver to the City all contract documents including as- built records. 16. Evaluate the completion of the work of the contractor and make recommendations to the City when work: is ready for final inspection. Assist the City in conducting final inspections. 17. Facilitate and coordinate inspection by representatives of other agencies. 18. Assist City with project budget tracking by funding source to ensure progress payment applications are applied appropriately to correct funding sources. (9) CITY OF SANTA ANA 19, Assist City with submission of narrative and financial reports on the progress and activities of the project to grant agencies 20. Shall monitor and enforce prevailing wage forms and requirements for conformance to the prevailing wage rates on a weekly basis. Shall verify that all Trade personnel listed in the daily log are also listed in the certified payroll and shall conduct weekly employee interviews, one for each trade, and submit verification with the monthly progress payments. 21. Shall coordinate and assist the City's Community Work Force Agreement (CWA) Consultant to monitor and enforce the CWA forms and requirements to ensure compliance. Verification should be provided with the monthly progress payments. 22. The CM shall be responsible for all project closeout items, such as: As -Built plans and related documentation, punch list completion, commissioning, warranty requests during the one-year period. Shall schedule and oversee the warranty repair. Should include site visits as requested by the City to look at defects or imperfection to determine if it is a warranty issue. 23. The CM shall also provide material testing and inspection to provide quality assurance services for the project. Expected testing and inspection for construction activities may involve grading, soils, base material, concrete, masonry, asphalt concrete, structural elements, and other quality assurance services as required. All frequency of services shall be in accordance with the City of Santa Ana Quality Assurance Program provided in Attachment K. The city reserves the right to add or reduce some of the above tasks and duties as it sees fit. The consultant, serving as staff extension, shall remain sufficiently flexible to meet the needs of the City and of the project, PAYMENT AND INVOICING: Selected Consultant shall invoice the City based on time and material according to the City's standard invoice template. Tasks and hours shall be clearly identified and all rates must match those included in the approved agreement. PAYMENT AND INVOICING: This agreement will be utilizing Comprehensive Transportation Funding Program (CTFP) and local funds. Proposer shall comply with all requirements as they pertain to use of these funds. FEE PROPOSAL: In addition to Section V.G.2 (Response to RFP: Cost Proposal) fee schedule shall be structured to correspond to the above mentioned tasks as follows: Task: Construction Management and Inspection Services - Subtasks Total Fee: Fee schedule for each task should include an hourly breakdown that corresponds to the task total. (9) CITY OF SANTA ANA CITY RESPONSIBILITIES: The City will provide information in its possession relevant to the preparation of the required information in the RFP. The City will provide only the staff assistance and the documentation specifically in referred to herein. • Provide general direction as needed for the assigned project • Advertise, award, and execution of construction contract • Electronic files (sample plans & specifications, City of Santa Ana's CADD Standards) • Electronic files for title sheets and sheet borders • Facilitate meeting space and coordination and City facilities • Facilitate City Permits CONSULTANT RESPONSIBILITIES: Consultant shall provide all required insurance as outlined in Exhibit II of this RFP. EXHIBIT B 11 )k'�' m !)! � \\}[� - . .•,• ;--- --§ .� ����/ !B; %#■, y y . }} W u cli U N Q N C C m 4- C Ol E CLO O U 41 C O U E a) CU M > 171 Q N Q a 41 N � eNv o m 0 N I� Q• O N � u] ' O �D �. CO p cs T a E U ' llf O o a 0'� '� N N N to m? �➢ W a S a N X U U)� �D OQ O� c0 w U u u � N 22 7F° m is fA LU F— a 7 2 ao�tima w � v m 2 a ao m v t m N O N a1 N 7 q O N 7 N 7 N O1 N N O tq M Ni M M f9 b9 V3 4R b9 69 V} 44 49 kR wWLu an aLL u www aaa�� u www a.aa� � - v u c o m m `w m v a`f m I 0 E'u o ff ^y E o 0 d E `m o c o E y L y b iv N lU p W y a o N a p m t m y a o m i V m a p MOM. `o c U H W,. U N '. m v o U c c� w U c �c W Q Z c W¢ U }' C U2 O U f S C U`2.= c .. '-'O O d" N c 2 a` G N c Ll. c c 2 v U a o p rn o a yU V= C C W a c U c m a o U m a a U c c V.W m W a �•. w w a m�•• w w U W me w w m m a. c a a c o U o c n _ co_ a 2 N N c a E W o 2 c U O a a a ar m u m �L Oi n 3 ACORO® CERTIFICATE OF LIABILITY INSURANCE ll%.� DATEIMMIDDNYYY) 1 3111 /2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Venbrook Insurance Services 6320 Canoga Avenue, 12th Floor Woodland Hills, CA 91367 CONTACT Venbrook insurance Services PHONE FAx s1a 59a s9ao A!D No: 818-59a-s910 AOD"R'ESS: INSURERS AFFORDING COVERAGE NAIC # INSURER A: Continental Insurance Company A XV 35289 www.venbrook.com CA Lic No. OD80832 INSURED Cannon Corporation 1050 Southwood Drive INSURER B : Hartford Casualty Insurance Company A+ XV 29424 INSURER C ; Beazley Insurance Cam an , Inc. A XV 37540 INSURER D ; San Luis Obispo CA 93401 INSURER E ; INSURER F COVERAGES CERTIFICATE NUMBER: 84312285 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLIO#ES 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. INSPOLICY _LTRR OF INSURANCE ADDLITYPE INSD WVo SUER POLICY NUMBER EFF r WDEVfYYYY) POLICY EXP (MUIDD[YYYYI LIMITS A ,/ COMMERCIAL GENERAL LIABILITY ,/ ✓ 7039996776 9/1/2024 9/1/2025 EACH OCCURRENCE $1 000 000 CLAIMS -MADE W OCCUR PREM SESOEa e�ccuE ante $ 100 000 ✓ MED EXP (Any one person) $15 000 Contractual Liability PERSONAL & ADV INJURY $ 1 000 000 GEN'LAGGREGATELIMIT APPLIES PER: PHI - POLICY [Z] JECT 7 LOC GENERAL AGGREGATE $2,000,000 PRODUCTS - COMPIOPAGG $2 000,000 $ OTHER: A AUTOMOBILE LIABILITY ✓ ✓ BUA 7040001609 9/1/2024 9/1/2025 EOa aBc deDntSINGLE L€MIT $ 1 000,000 ✓ BODILY INJURY (Per person) $ ANYAUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ ✓ HIRED NON -OWNED AUTOS ONLY ✓ AUTOS ONLY PROPERTYDAMAGE Per accident $ $ ✓ Comp/Coll Dei iuct ble $1,000 A ✓ UMBRELLA LIAR / OCCUR ✓ ✓ CUE 7040002176 9/1/2024 9/1/2025 EACH OCCURRENCE $ 9 000 000 AGGREGATE S9,000,000 EXCESS LIAB CLAIMS -MADE DEC I ✓ RETENTION$10,000 S B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y 1 N ANYPROPRIETORIPARTNERIEXECUTIVE OFFiCFR1MEMBER EXCLUDED? � M I A �/ 72WE0L6HIH 9/1/2024 9/1/2025 �/ STATUTE �RH E.L. EACH ACCIDENT $ 000 0aa E.L. DISEASE - EA EMPLOYEE $ 1 000 000 (Mandatory in NH) If yes. describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 1 $ 1 000 000 C Profess'onal/Pollution Liability ✓ C27737240601 9/1/2024 9/1/2025 $5,000,000 Per Claimf$5,000,000 Aggregate Deductible: $100,000 Each Claim incl exp A Equipment Leased Borrowed or Rentec 7039996776 9/1/2024 9/1/2025 $125,000 Limit; $1,000 Deductible A Contractors Equipment - Scheduled 7039996776 9/1/2024 9/1/2025 $534 309 Limit; $2 500 Deductible DESCRIPTION OF OPERATIONS I LOCATIONS r VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Construction Management and Inspection Services for the Bristol Street Improvements Project (RFP No. 24-139)— Cannon # 241137 **SEE ATTATCHED ADDENDUM*** f)igiEallysigned APPROVED Tu Tran bvT.T�a� Nguyen Nguyen Dale:2025.03.11 By Tu Tran Nguyen of 2:39 pm, Mar 99, 2025 7 14:39:59-07'40' CERTIFICATE HOLDER CANCELLATION City of Santa Ana Risk Management Division Attention: Danny Mai 20 Civic Center Plaza Santa Ana CA 92702 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 � Karen Smith O 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD 84312285 1 24-25 CL/AL/WC/UM/PL I Isabella Saldiv 1 3/11/2025 11:19:S5 AM (PDT) I Page 1 of 15 AGENCY CUSTOMER ID: LOC 4: A`C)RV® ADDITIONAL REMARKS SCHEDULE Page of AGENCY Venbrook Insurance Services NAMED INSURED Cannon Corporation 1050 Southwood Drive San Luis Obispo CA 93401 POLICY NUMBER CARRIER NAIC CORE EFFECTIVE GATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance (03/16) HOLDER: City of Santa Ana Risk Management Division Attontion: Danny Mai ADDRESS: 20 Civic Center Plaza Santa Ana CA 92702 RE: Construction Management and Inspection Services for the Bristol Street Improvements Project (RFP No. 24-139)- Cannon # 241137 City of Santa Ana, its officers, employees, agents and representatives are named as Additional Insured under the General Liability, Automobile Liability and Professional/ Pollution Liability policy if required by written contract with the Named Insured but only for coverage and limits provided by the policy and the additional insured endorsement. Primary and Non -Contributory coverage applies to General Liability and Automobile Liability. Waiver of Subrogation applies to General Liability, Automobile Liability, Professional/Pollution Liability and Workers Compensation. Excess/Umbrella follows form. *10 Days Notice of Cancellation for Non -Payment of Premium, 30 bays All Other. ACORD 101 (2008101) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ADDENDUM 843122B5 1 24-25 GL/AL/WC/DM/PL I Isabella Saldiv 1 3/11/2025 11:19:55 AM IPDTI I Page 2 of 16 CNA CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products -Completed Operations Coverage Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I. WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused in whole or in part by your acts or omissions, or the acts or omissions of those acting on your behalf: A. in the performance of your ongoing operations subject to such written contract; or B. in the performance of your work subject to such written contract, but only with respect to bodily injury or property damage included in the products -completed operations hazard, and only if: 1. the written contract requires you to provide the additional insured such coverage; and 2. this coverage part provides such coverage. II. But if the written contract requires: A. additional insured coverage under the 11-85 edition, 10-93 edition, or 10-01 edition of CG2010, or under the 10- 01 edition of CG2037; or B. additional insured coverage with "arising out of" language; or C. additional insured coverage to the greatest extent permissible by law; then paragraph I. above is deleted in its entirety and replaced by the following: WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of your work that is subject to such written contract. Ill. Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: A. coverage broader than required by the written contract; or B. a higher limit of insurance than required by the written contract. IV. The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property damage, or personal and advertising injury arising out of: A. the rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: 1. the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and 2. supervisory, inspection, architectural or engineering activities; or B. any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part. V. Under COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance is amended to add the following, which supersedes any provision to the contrary in this Condition or elsewhere in this coverage part: CNA75079XX (10-16) Policy No: 7039996776 Page 1 of 2 Effective Date: 09/01/2024 Insured Name: Cannon Corporation Copyright CNA All Rights Reserved, Includes copyrighted material of Insurance Services Office, line., with its permission. E4312285 1 24-25 GL/A;./WC/UK/PL I Isabella Saldiv 1 3/11/2025 11:19:55 AM {POT) i Page 3 o= 16 CNA CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors -with Products -Completed Operations Coverage Endorsement Primary and Noncontributory Insurance With respect to other insurance available to the additional insured under which the additional insured is a named insured, this insurance is primary to and will not seek contribution from such other insurance, provided that a written contract requires the insurance provided by this policy to be: 1. primary and non-contributing with other insurance available to the additional insured; or 2. primary and to not seek contribution from any other insurance available to the additional insured. But except as specified above, this insurance will be excess of all other insurance avai}able to the additional insured. VI. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of the following: Any additional insured pursuant to this endorsement will as soon as practicable: I. give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim; 2. send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation, defense, or settlement of the claim; and 3. make available any other insurance, and tender the defense and indemnity of any claim to any other insurer or self -insurer, whose policy or program applies to a loss that the Insurer covers under this coverage part. However, if the written contract requires this insurance to be primary and non-contributory, this paragraph 3. does not apply to insurance on which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. VII. Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires you to make a person or organization an additional insured on this coverage part, provided the contract or agreement: A. is currently in effector becomes effective during the term of this policy; and B. was executed prior to: 1. the bodily injury or property damage; or 2. the offense that caused the personal and advertising injury; for which the additional insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA75079XX (10-16) Page 2 of 2 Policy No:7039996776 Effective Date: 09/01/2024 Insured Name: Cannon Corporation Copyright CNA All Rights Reserved. Includes copyrighted material of insurance Services Office, Inc., with its permission, 8431228S 1 24-25 GL/AL/WC/OM/PL I Isabella Saldivar 1 3/11/2025 11:19:55 AM (BDT) i Page 4 of 16 CNA CNA PARAMOUNT Waiver of Transfer of Rights of Recovery Against Others to the Insurer Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: ANY PERSON OR ORGANIZATION WHOM THE CONTRACT OR AGREEMENT TO WAIVE SUCH CONTRACT OR AGREEMENT: NAMEB INSURED HAS AGREED IN WRITING IN A RIGHTS OF RECOVERY, BUT ONLY IF SUCH 1.IS IN EFFECT OR BECOMES EFFECTIVE 2.WAS EXECUTED PRIOR TO THE BODILY ADVERTISING INJURY GIVING RISE TO THE DURING THE TERM OF THIS COVERAGE PART; AND INJURY, PROPERTY DAMAGE OR PERSONAL AND CLAIM. (Information required to complete this Schedule, if not shown above, will be shown in the Declarations.) Under COMMERCIAL GENERAL LIABILITY CONDITIONS, it is understood and agreed that the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended by the addition of the following: With respect to the person or organization shown in the Schedule above, the Insurer waives any right of recovery the Insurer may have against such person or organization because of payments the Insurer makes for injury or damage arising out of the Named Insured's ongoing operations or your work included in the products -completed operations hazard. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. I� CNA75008XX (10-16) Page 1 of 1 Policy No:7039996776 Effective Date: 09/01/2024 Insured Name: Cannon Corporation Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 89312285 1 24-25 GL/Ai./wc/UM/Pi, i isahella Saldivar 1 1/11/2025 11:19:55 AM iVDT) i page 5 of 16 Cannon Corporation Business Auto Policy CNA Endorsement EXTENDED COVERAGE ENDORSEMENT - BA PLUS THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM I. LIABILTY COVERAGE A. Who Is An Insured The following is added to SECTION II, Paragraph A. 1., Who Is An Insured: 1. a. Any incorporated entity of which the Named Insured owns a majority of the voting stock on the date of inception of this Coverage Form; provided that, b. The insurance afforded by this provision A.1. does not apply to any such entity that is an insured under any other liability "policy" providing auto coverage. 2. Any organization you newly acquire or form, other than a limited liability company, partnership or joint venture, and over which you maintain majority ownership interest. The insurance afforded by this provision A.2.: a. Is effective on the acquisition or formation date, and is afforded only until the end of the policy period of this Coverage Form, or the next anniversary of its inception date, whichever is earlier. b. Does not apply to: (1) Bodily injury or property damage caused by an accident that occurred before you acquired or formed the organization; or {2) Any such organization that is an insured under any other liability "policy" providing auto coverage. 3. Any person or organization that you are obligated to provide Insurance where required by a written contract or agreement is an insured, but only with respect to legal responsibility for acts or omissions of a person for whom Liability Coverage is afforded under this policy. 4. An employee of yours is 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. "Policy", as used in this provision A. Who Is An Insured, includes those policies that were in force on the inception date of this Coverage Form but: 1. Which are no longer in force; or 2. Whose limits have been exhausted. B. Bail Bonds and Loss of Earnings SECTION II, Paragraphs A.2.a.(2) and A.2.a.(4) are revised as follows: 1. In a.(2), the limit for the cost of bail bonds is increased from $2,000 to $5,000, and 2. In a.(4), the limit for the loss of earnings is increased from $250 to $500 a day. C. Fellow Employee Form No: SCA 23 500 D 10 11 Policy No: BUA 7040001609 Endorsement Effective Date: 09/01/2024 Policy Effective Date: 09/0112024 Endorsement No: Policy Page: 1 of 5 Underwriting Company: Continental Insurance Company A XV ° Copyright CNA All Rights Reserved. Includes copyrighted material of the 84312285 1 24-25 cL/r,L/wc/tea/FL Isabella S.Idi— I PI AA�(A4i'6b}5P�3icWOMa6), Ih(5a,98sbd'tMfh its permission. Cannon Corporation CNA SECTION II, Paragraph B.5 does not apply. Business Auto Policy Endorsement Such coverage as is afforded by this provision C. is excess over any other collectible insurance. II. PHYSICAL DAMAGE COVERAGE A. Towing SECTION III. Paragraph A.2., is revised to include Light Trucks up to 10,000 pounds G.V.W. B. Glass Breakage - Hitting A Bird Or Animal - Falling Objects Or Missiles The following is added to SECTION III, Paragraph A.3.: With respect to any covered auto, any deductible shown in the Declarations will not apply to glass breakage if such glass is repaired, in a manner acceptable to us, rather than replaced. C. Transportation Expenses SECTION III, Paragraph A.4.a. is revised, with respect to transportation expense incurred by you, to provide: a. $60 per day, in lieu of $20; subject to b. $1,800 maximum, in lieu of $600. D. Loss of Use Expenses SECTION III, Paragraph A.41. is revised, with respect to loss of use expenses incurred by you, to provide: a. $1,000 maximum, in lieu of $600. E. Personal Property The following is added to SECTION lll, Paragraph A.4. c. We will pay up to $500 for loss to Personal Property which is: (1) Owned by an insured; and (2) In or on the covered auto. This coverage applies only in the event of a total theft of your covered auto. This insurance is excess over any other collectible insurance and no deductible applies. F. Rental Reimbursement The following is added to SECTION III, Paragraph A.4.: d. We will pay for rental reimbursement expenses incurred by you for the rental of an auto because of loss to a covered auto. Payment applies in addition to the otherwise applicable amount of each coverage you have on a covered auto. No deductibles apply to this coverage. 1. We will pay only for those expenses incurred during the policy period beginning 24 hours after the loss and ending, regardless of the policy's expiration, with the lesser of the following number of days: (a) The number of days reasonably required to repair or replace the covered auto; or, (b) 15 days. 2. Our payment is limited to the lesser of the following amounts: (a) Necessary and actual expenses incurred; or, (b) $25 per day subject to a maximum of $375. Form No: SCA 23 500 D 10 11 Policy No: BUA 7040001609 Endorsement Effective Date:09/0112024 Policy Effective Date:09/0112024 Endorsement No: Policy Page: 2 of 5 Underwriting Company: Continental Insurance Company A XV Copyright CNA All Rights Reserved. Includes copyrighted material of the B43122SS 1 24-25 CL/AL/WCJUM/PL I Isabella 5aldivar I 5pf� ]��rV�GyCS f7lGC; lhd!� 90sbdWith its permission. Cannon Corporation Business Auto Policy CMA Endorsement 3. This coverage does not apply while there are spare or reserve autos available to you for your operations. 4. If loss results from the total theft of a covered auto of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided for under the Physical Damage Coverage Extension. G. Hired "Autos" The following is added to SECTION III. Paragraph A.: 5. Hired Autos If Physical Damage coverage is provided under this policy, and such coverage does not extend to Hired Autos, then Physical Damage coverage is extended to: a. Any covered auto you lease, hire, rent or borrow without a driver; and b. Any covered auto hired or rented by your employee without a driver, under a contract in that individual employee's name, with your permission, while performing duties related to the conduct of your business, c. The most we will pay for any one accident or loss is the actual cash value, cost of repair, cost of replacement or $75,000 whichever is less minus a $500 deductible for each covered auto. No deductible applies to loss caused by fire or lightning, d. The physical damage coverage as is provided by this provision will be limited to the types of physical damage coverage(s) provided on your owned autos. e. Such physical damage coverage for hired autos will: (1) Include loss of use, provided it is the consequence of an accident for which the Named Insured is legally liable, and as a result of which a monetary loss is sustained by the leasing or rental concern. (2) Such coverage as is provided by this provision G.e.(1) will be subject to a limit of $750 per accident. H. Airbag Coverage The following is added to SECTION III, Paragraph 13.3. The accidental discharge of an airbag shall not be considered mechanical breakdown. I. Electronic Equipment SECTION ill, Paragraphs B.4.c and 6.4.d. are deleted and replaced by the following: c. Physical Damage Coverage on a covered auto also applies to loss to any permanently installed electronic equipment including its antennas and other accessories d. A $100 per occurrence deductible applies to the coverage provided by this provision. J. Diminution In Value The following is added to SECTION III, Paragraph B.6. Subject to the following, the diminution in value exclusion does not apply to: a. Any covered auto of the private passenger type you lease, hire, rent or borrow, without a driver for a period of 30 days or less, while performing duties related to the conduct of your business; and Form No: SCA 23 500 D 10 11 Policy No: BUA 7040001609 Endorsement Effective Date: 09/01/2024 Policy Effective Date:09/0112024 Endorsement No: Policy Page: 3 of 5 Underwriting Company: Continental Insurance Company A XV Copyright CNA All Rights Reserved. Includes copyrighted material of the 94312265 124-25 Gc,/Al-/wc/UM/-L I saidi— I F}{g�f�p: �g8f$ic� sAC7f'f���! Ihe!' %Ad i€h its permission. Cannon Corporation Business Auto Policy CNA Endorsement b. Any covered auto of the private passenger type hired or rented by your employee without a driver for a period of 30 days or less, under a contract in that individual employee's name, with your permission, while performing duties related to the conduct of your business. c. Such coverage as is provided by this provision is limited to a diminution in value loss arising directly out of accidental damage and not as a result of the failure to make repairs; faulty or incomplete maintenance or repairs; or the installation of substandard parts. d. The most we will pay for loss to a covered auto in any one accident is the lesser of: (1) $5,000; or (2) 20% of the auto's actual cash value (ACV) III. Drive Other Car Coverage — Executive Officers The following is added to SECTIONS II and III: 1. Any auto you don't own, hire or borrow is a covered auto for Liability Coverage while being used by, and for Physical Damage Coverage while in the care, custody or control of, any of your "executive officers", except: a. An auto owned by that "executive officer" or a member of that person's household; or b. An auto used by that "executive officer" while working in a business of selling, servicing, repairing or parking autos. Such Liability and/or Physical Damage Coverage as is afforded by this provision will be: (1) Equal to the greatest of those coverages afforded any covered auto; and M Excess over any other collectible insurance. 2. For purposes of this provision, "executive officer" means a person holding any of the officer positions created by your charter, constitution, by-laws or any other similar governing document, and, while a resident of the same household, includes that person's spouse. Such "executive officers" are insureds while using a covered auto described in this provision. IV. BUSINESS AUTO CONDITIONS A. Duties In The Event Of Accident, Claim, Suit Or Loss The following is added to SECTION IV, Paragraph A.2.a. (4) Your employees may know of an accident or loss. This will not mean that you have such knowledge, unless such accident or loss is known to you or if you are not an individual, to any of your executive officers or partners or your insurance manager. The following is added to SECTION IV, Paragraph A.2.b. (6) Your employees may know of documents received concerning a claim or suit. This will not mean that you have such knowledge, unless receipt of such documents is known to you or if you are not an individual, to any of your executive officers or partners or your insurance manager. B. Concealment, Misrepresentation or Fraud The following is added to SECTION IV, Paragraph B.2. Your failure to disclose all hazards existing on the date of inception of this Coverage Form shall not prejudice you with respect to the coverage afforded provided such failure or omission is not intentional. C. Policy Period, Coverage Territory SECTION IV, Paragraphs 7.(5).(a). is revised to provide: Form No: SCA 23 500 D 10 11 Policy No: BUA 7040001609 Endorsement Effective Date:09101/2024 Policy Effective Date:09/01/2024 Endorsement No: Policy Page: 4 of 5 Underwriting Company: Continental Insurance Company AXV Copyright CNA All Rights Reserved. Includes copyrighted material of the e43122e5 1 24-2s GL/AL/WC/UM/PL I Isabella sa].aiva_- I fti�af�Prcc�'°�f�ic�sAChfft� ! Iheagas$ffWfh its permission. Cannon Corporation CMA Business Auto Policy Endorsement a. 45 days of coverage in lieu of 30 days V. DEFINITIONS SECTION V. Paragraph C. is deleted and replaced by the following: Bodily injury means bodily injury, sickness or disease sustained by a person, including mental anguish, mental injury or death resulting from any of these Form No: SCA 23 500 D 10 11 Policy No:BUA7040001609 Endorsement Effective Date:09/0112024 Policy Effective Date:09101/20244 Endorsement No: Policy Page: 5 of 5 Underwriting Company: Continental Insurance Company A XV ° Copyright CNA All Rights Reserved. Includes copyrighted material of the 84312205 1 24-25 rL/AL/WC/UM/PL I Isabella Saldivar 1 #tf af�P, '3ef5i��s 3f ��! Ihd'ag0s4--Pd4iffi its permission. Cannon Corporation DNA 1 Business Auto Policy Endorsement It is understood and agreed that this endorsement amends the BUSINESS AUTO COVERAGE FORM as follows: SCHEDULE Name of Additional Insured Person Or Organization ANY PERSON OR ORGANIZATION THAT YOU ARE REQUIRED BY WRITTEN CONTRACT OR WRITTEN AGREEMENT TO NAME AS AN ADDITIONAL INSURED. 1. In conformance with paragraph A.1.c, of Who Is An Insured of Section II - LIABILITY COVERAGE, the person or organization scheduled above is an insured under this policy. 2. The insurance afforded to the additional insured under this policy will apply on a primary and non-contributory basis if you have committed it to be so in a written contract or written agreement executed prior to the date of the "accident" for which the additional insured seeks coverage under this policy. All other terms and conditions of the policy remain unchanged This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date {the Endorsement Effective Date} is shown below, and expires concurrently with said policy. Form No: CNA71527XX (10-2012) Endorsement Effective Date: 09/01/2024 Endorsement No: Underwriting Company: Continental Insurance Company A XV Policy No: BUA 7040001600 Policy Effective Date: 09/01/2024 Policy Page: 1 of 1 ° Copyright CNA All Rights Reserved. B8312285 1 29-25 GL/AL/WC/UM/PL I Isabella Saldiv 1 3/11/2025 11;19:55 AM (PDT) I Page 11 of 16 POLICY NUMBER: BUA7040001609 COMMERCIAL AUTO CA 04 4410 13 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: 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. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: cannon corporation Endorsement Effective Date:09/01/2024 SCHEDULE Name(s) Of Person(s) Or Organization(s): All persons or organizations as required by written contract or agreement Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. CA 04441013 © Insurance Services Office, Inc., 2011 Page 1 of 1 U4312205 124--25 GL/AL/11C/Obi/PL I Isabella 9a1di—, 1 3/11/2025 11:19:55 AM (PIIT) i Page 12 ❑f 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA Policy Number: 72 WE OL6H1H Effective Date:09/01/2024 Named Insured and Address:Cannon Corporation 1050 Southwood Drive San Luis Obispo CA 93401 We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE Person or Organization Job Description Any person or organization from whom you are required by written contract or agreement to obtain this waiver of rights from us Countersigned by Authorized Representative Form WC 04 03 06 (1) Printed in U.S.A. Policy Expiration Date: 09/01/2025 84312285 1 24-25 GL/AL/WC/OM/PL i Is 11. saldi- 1 3/11/2025 11:19:55 AM (POT} i page 13 of 16 Cannon Corporation C27737240601 6. punitive or exemplary damages, unless insurable by law under the law under which this Policy is construed; 7. discounts, coupons, prizes, awards or other incentives offered to the Insured's customers or clients; liquidated damages to the extent that such damages exceed the amount for which the Insured would have been liable in the absence of such liquidated damages agreement; 9. any amounts for which the Insured is not liable, or for which there is no legal recourse against the Insured; or 10. matters deemed uninsurable under the law pursuant to which this Policy shall be construed. O. "insured" shall mean: the Named Insured; 2. a director or officer of the Named Insured, but only with respect to the performance of his or her duties as such on behalf of the Named Insured; 3. an employee or Temporary Employee of the Named Insured, but only for work done while acting within the scope of his or her employment and related to the conduct of the Named Insured's business; 4, a principal if the Named Insured is a sole proprietorship, or a partner if the Named Insured is a partnership, but only with respect to the performance of his or her duties as such on behalf of the Named Insured-, 5. any person who previously qualified as an Insured under 2, 3 or 4 above prior to the termination of the required relationship with the Named Insured, but only with respect to the performance of his or her duties as such on behalf of the Named Insured; 6. the estate, heirs, executors, administrators, assigns and legal representatives of any Insured in the event of such Insured's death, incapacity, insolvency or bankruptcy, but only to the extent that such Insured would otherwise be provided coverage under this Insurance; 7. the lawful spouse or Domestic Partners of any of the person set forth in 2., 3., 4., 5., or 6. above, but only for Claims arising out of an act, error or omission actually or allegedly committed by such Insured and only to the extent that such Insured would otherwise be provided coverage under this Insurance. The Company has no obligation to make any payment for Damages or Claims A-F00001 Page 11 of 31 062019 ed. 54312285 1 24-25 GL/AL/WC/OM/PL I Isabella 5a111iw 1 3/11/2025 11;19:55 AM (PI)T) I page 11 of 16 --h azfgAsy. Expenses in connection with any Claim made against a spouse or Domestic Partner of an Insured for any actual or alleged acts, errors or omissions committed by such spouse or Domestic Partner; For the purposes of this provision, the terms "Domestic Partner" shall mean any natural person qualifying as a domestic partner under the provisions of any applicable Federal, State, or local law; or the provisions of any formal program established by the Named Insured; 8, the Named Insured with regard to its participation in a joint venture, but solely for the Named Insured's liability that arises out of an unintentional act, error or omission in the performance of Professional Services by the Named Insured or for a Pollution Condition that arises out of the performance of Professional Services or Contracting Services by the Named Insured; and 9. solely with respect to Insuring Clause I.A.2., the client for whom the Named Insured renders or rendered Professional Services or performs or performed Contracting Services, provided that a written contract or agreement is in effect between the Named Insured and the client requiring the client to be an additional insured under the Named Insured's architects, engineers and contractors pollution liability policy. However, such clients are covered under Insuring Clause I.A.2. of this Policy solely with respect to Damages and Claims Expenses arising from Professional Services rendered or Contracting Services performed by or on behalf of the Named Insured and are not covered for any Damages and Claims Expenses arising from the client's own acts, errors or omissions. Clients of the Named Insured are covered under Insuring Clause I.A.2. of this Policy, subject to Clause Vill., or the Limits of Liability required by the written contract or agreement, whichever is less. P. "Media Communication" means the display, broadcast, dissemination, distribution or release of Media Material to the public by the Named Insured. Q. "Media Material" means information in the form of words, sounds, numbers, images, or graphics in electronic, print or broadcast form, including Advertising, but does not mean computer software. R. "Media Activities" means Media Communication and/or the gathering, collection or recording of Media Material for inclusion in any Media Communication in the ordinary course of the Named Insured's business. S. "Mediation" means a non -binding process by which a qualified professional mediator mutually agreed upon by the parties intercedes between the parties with the intention to reconcile them to resolve a A-F00001 Page 12 of 31 062019 ed. 84312285 1 24-25 GL/AL/WC/OM/PL I Isabella saldiva[ 1 3/11/2025 11:19!55 AM (PDT) I Page 15 Cf 16 Cannon Corporation C21737240601 XX. SUBROGATFON In the event of any payment under this Insurance, the Underwriters shall be subrogated to all the Insureds' rights of recovery therefore against any person or organization, and the Insured shall execute and deliver instruments and papers and do whatever else is necessary to secure such rights. The Insured shall do nothing to prejudice such rights. The Underwriters agrees to waive its rights of recovery agali st any client of the Named Insured for a Claire which is covered pursuant to 'Insuring Clause I.A.1. and/or I.A.2 of this Policy to the extent the Named Insured 'had, prior to such Claim, a written agreement to waive such rights. Any recoveries shall be applied first to subrogation expenses, second to Damages, Claims Expenses and Privacy Breach Response Services paid by the Underwriters, and third to the Each Claim Deductible or Each Incident Deductible (as applicable). Any additional amounts recovered shall be paid to the Named Insured. XXI. ENTIRE AGREEMENT By acceptance of this Policy, all Insureds agree that this Policy embodies all agreements existing between them and the Underwriters relating to this Insurance. Notice to any agent or knowledge possessed by any agent or by any other person shall not effect a waiver or a change in any part of this Policy or estop the Underwriters from asserting any right under the terms of this Policy; nor shall the terms of this Policy be waived or changed, except by written endorsement issued to form a part of this Policy, signed by the Underwriters. XXII. VALUATION AND CURRENCY All premiums, limits, deductibles, Damages and other amounts under this Policy are expressed and payable in the currency of the United States. If judgment is rendered, settlement is denominated or another element of Damages under this Policy is stated in a currency other than United States dollars or if Claims Expenses are paid in a currency other than United States dollars, payment under this Policy shall be made in United States dollars at the rate of exchange published in the Wall Street Journal on the date the judgment becomes final or payment of the settlement or other element of Damages is due or the date such Claims Expenses are paid. XXIII. BANKRUPTCY Bankruptcy or insolvency of the Insured shall not relieve the Underwriters of their obligations nor deprive the Underwriters of its rights or defenses under this Policy. F00120 032016 ed. Page 30 of 31 a9312285 1 24-25 GL/AL/WC/UM/NL I Isabella Saldi—r 1 3/11/2025 11:19:55 AM (PDT) i Page 16 of 16