CTR071190_Contract_Document.pdf

EXHIBIT A

CONSTRUCTION MANAGER AT RISK

AGREEMENT

Arizona Department of Corrections, Rehabilitation & Reentry 701 E. Jefferson Street

Phoenix, AZ 85034

Contract No. CTR071190

Date of Agreement:

June 27, 2024

Agency Project No:

FS-2023-5500-001

Statutory Review No: DC-23-023 Project Name: CMAR - Fire Suppression System - ASPC - Lewis

Construction Manager at Risk Agreement Contract No: CTR071190 Rev 3 2-16-2023

This Agreement is made as of the date set forth in the Date of Issuance between the Arizona Department of Corrections, Rehabilitation & Reentry, acting by and through the State Procurement Office, and the Contractor in connection with the Project.

Time is of the essence for this Agreement. Services required by this Agreement include, at no additional cost to the State, all services necessitated, in whole or in part, by errors and omissions of, or breach of this Agreement by, Contractor, its Subcontractors, or any person or entity working under Contractor for this Project.

Project Site Address: 26700 South Hwy. 85

Buckeye, Arizona 85326

Agency: Arizona Department of

Corrections, Rehabilitation & Reentry Agency Address: 701 E. Jefferson Street

Phoenix, AZ 85034

Agency’s Designated Representative: Walter Shannon Email:

Telephone Number:

wshannon@azadc.gov 480.536.4307

Agency Procurement Officer: James Redican Email:

Telephone Number:

jredican@azadc.gov

(602) 364-3793

Design Professional Firm: DLR GROUP Firm Address: 6225 N. 24th Street, Suite 250

Phoenix, AZ 85016

Design Professional of Record: Ernesto Egoavil Email:

Telephone Number:

eegoavil@dlrgroup.com 720-904-0440

Contractor Name: Sun Eagle Corporation Contractor Address: 461 North Dean Avenue

Chandler, Arizona 85226

Contractor Project Manager: John Alvarez Email:

Telephone Number:

jmalvarez@suneaglecorporation.com 480-961-0004

Arizona Department of Corrections, Rehabilitation & Reentry 701 E. Jefferson Street

Phoenix, AZ 85034

Contract No. CTR071190

Date of Agreement:

June 27, 2024

Agency Project No:

1) GENERAL DESCRIPTION OF SERVICES

a) The Contractor shall perform and provide all of the Work described in this Agreement for the Project. The executed Construction Manager at Risk Agreement, and any and all accompanying Contract Documents executed through this Agreement, shall be incorporated in the Contract for this Project.

b) Contractor has carefully examined the Site of the Project, to the extent available, and the adjacent areas, has suitably investigated the nature and location of the Work and has satisfied itself as to the general and local conditions which will be applicable, including but not limited to: (i) the Project Site and any structure(s) or other manmade features to be modified; (ii) the survey, including the location of all existing buildings, utilities, conditions, streets, equipment, components and other attributes having or likely to have an impact on the Project; (iii) Site layout and design requirements, conceptual design objectives, and budget for the Project; (iv) pertinent Project dates and programming needs, including the Project Schedule; (v) Site access and to the transportation, disposal, handling and storage of materials; (vi) the availability of labor, water, power and roads;(vii) normal weather conditions; (viii) observable physical conditions at the Site and existing Site conditions including: size, utility capacities and connection options of external utilities; (vix) the surface conditions of the ground and (x) the character and availability of the equipment and facilities which will be needed prior to and during the performance of Work.

c) Contractor shall (i) review and analyze all Project geotechnical, Hazardous Substances, structural, chemical, electrical, mechanical, and construction materials tests, investigations and recommendations; and (ii) gather any other information necessary for a thorough understanding of the Project. If the Project involves modifications to any existing structure(s) or other man-made feature(s) on the Project Site, the Contractor shall also (iii) review all As-Built and Record Drawings, plans and specifications of which Contractor has been informed by Agency about, and (iv) thoroughly inspect the existing structure(s) and man-made feature(s) to identify existing deficiencies and ascertain the specific locations of pertinent structural components. Claims by Contractor resulting from Contractor’s failure to familiarize itself with the Site or pertinent documents shall be deemed waived.

d) General conditions are an integral part of the construction contract. They consist of items and resources needed for project completion that will not be part of the finished product that is turned over to the owner. Things like garbage removal, temporary offices and protection, and administrative time are all aspects of the project that are necessary but ultimately not seen at completion.

e) General conditions are provided by the general contractor to facilitate a completed project that will contribute to the communities in which we live, work, and go to school. Compensation is necessary for general conditions, and most commonly, their cost is included as a line item in the proposal.

2) PRECONSTRUCTION SERVICES

a) The Contractor shall commence Preconstruction Services Project Work upon receipt of a purchase order issued by the Agency authorizing services and issuance of a Notice to Proceed by the Agency Designated Representative.

b) The Contractor shall commence the Work for Agency authorized Preconstruction Services on the date specified in the

Notice to Proceed.

c) Contractor shall meet with the Agency and Agency’s Design Professional to jointly participate in the final Project design and reconcile cost discrepancies at each phase of design between its estimate and Design Professionals estimate.

d) No Work may be performed under this Pre-Construction Services Contract, without prior written approval by the State.

All procurement of long lead time items needed to support the construction schedule or site investigative Work necessary to complete Pre-Construction Services will be performed only after a GMP Proposal for the Work has been approved and accepted in writing by the State and all such Work will be done only under an executed Contract for Construction Services, or pursuant to a prior written direction from the State to engage in such procurement.

e) Services which are outside the scope required under the Contract Documents will not be performed by Contractor without prior written authorization from the State. Additional services, when authorized by an executed written

Arizona Department of Corrections, Rehabilitation & Reentry 701 E. Jefferson Street

Phoenix, AZ 85034

Contract No. CTR071190

Date of Agreement:

June 27, 2024

Agency Project No:

Change Order as per Section 1.15 Uniform Terms and Conditions and will be compensated for by a fee mutually agreed upon in such written Change Order between the State and Contractor

f) No claim for additional services, extra work done or materials furnished by Contractor will be allowed by the State except as provided herein, nor will Contractor provide any additional services, do any work, or furnish any materials(s) not covered by this Contract unless such work or material is first authorized in writing by the State. Work or material(s) furnished without such prior written authorization will be Contractors sole jeopardy, cost, and expense, and Contractor hereby agrees that without prior written authorization no claim for compensation for such services, work or materials furnished will be made, and the State will not be responsible for such costs.

g) Contractor will comply with all Special and Uniform Terms and Conditions.

3) STATEMENT OF WORK

a) The Statement of Work for Preconstruction Services shall be those tasks included in Exhibit B attached herein.

b) The Contractor Project Manager of record named in this written Agreement is the first point of contact in providing all services required by this Agreement; and shall attend design-related meetings for the duration of the Project, unless a substitution mutually acceptable to the Agency is made.

c) Notwithstanding anything to the contrary in this Agreement, all Work Product prepared or otherwise created in connection with the performance of this Agreement, including the Work, are to be and remain the property of the State.

4) COMPENSATION

a) The compensation for Preconstruction Services is $37,170.00 in accordance with compensation for scope of services calculated and included in Exhibit B, and listed in Exhibit C, attached herein to this Agreement.

5) CONSTRUCTION PHASE SERVICES

a) If the Agency elects to phase and/or “fast track” portions of the construction, multiple Guaranteed Maximum Price proposals (Exhibit U) with Contract Cost details for each phase of Work will be required.

b) Contractor must submit a GMP Proposal for the entire Work, and for each phase (if required) of the Work, at the times set forth in the Pre-Construction Schedule included in attached. The GMP Proposal must be presented in a format acceptable to the State. State may change the schedule, format, and/or requirements for the GMP Proposal as it deems necessary during Pre-Construction, and may request resubmittal of the GMP Proposal to reflect such changes.

c) For the purposes of the GMP Proposal, the Parties agree that:

d) The CMAR Fee will be equal to 6% (percent) of the Cost of Work;

e) General Conditions costs will be a fixed amount or percentage agreed to as part of the CMAR Fee Proposal and

General Conditions Worksheet.

f) The GMP Proposal must not exceed the State’s Construction Budget.

Fees Fee Percentage

CMAR Fee-Construction Phase (CM’s Overhead & Profit) 6%

Arizona Department of Corrections, Rehabilitation & Reentry 701 E. Jefferson Street

Phoenix, AZ 85034

Contract No. CTR071190

Date of Agreement:

June 27, 2024

Agency Project No:

General Conditions 6%

g) The above amounts are to be stated in figures only and are the total amounts proposed for the entire Contract Work.

6) PAYMENTS

a) The Agency shall compensate the Construction Contractor in exchange for the Construction Contractor’s proper, timely, and complete performance of the Work in accordance with the Contract Documents and the Construction Contractor Agreement.

b) The Agency shall pay for authorized actual expenditures incurred by the Construction Contractor for Work performed in the interest of the Project as Reimbursable Expenses.

c) SCHEDULE OF VALUES

i) With each Application for Progress Payment (Exhibit H), a Schedule of Values (Exhibit R) shall be submitted with the proper breakdown of Work completed by the Contractor and Subcontractor, and for approval by Agency.

ii) The Application for Progress Payment (Exhibit H) shall a) be an accurate reflection of the progress of the Work;

b) contain line items based on the Schedule of Values (Exhibit R) with breakdown of Contractor and Subcontractor Work; c) bear the notarized signature of Contractor; d) bear the signature of the Contractor if contracted to perform Construction Phase Services; e) only be paid after approval by the Agency Designated Representative; and f) not include Subcontracted items for which Contractor does not intend to pay.

d) PAY REQUEST FOR PROJECTS UNDER STATUTORY REVIEW

i) Projects under Statutory Review, Application for Payment (Exhibit H) shall be a notarized Application and Certification for Payment and approved and stamped by the Registrant for the project.

ii) Contractor shall deliver to Agency no later than the 25th of each month for payment covering the cost of Work and fee for Work performed during the invoiced month and projected through the end of the month. Provided application timely review, Agency to make payment to Contractor not later than stated in A.R.S. § 41-2577 (Progress Payments).

iii) Retention held on each Application for Payment to be 10%

iv) Agency may withhold payment for:

(1) Defective Work not remedied

(2) Third Party claims

(3) Failure of Contractor to make payments to subcontractors or suppliers

(4) Damages to Agency caused by Contractor not covered by insurance

(5) Evidence where Contractor will not be Substantially Complete on contracted Schedule completion liquidated damages are needing to be assessed

v) With each Application for Payment submit all supporting documentation relating to payment of approved Change

Orders, substantiation for stored materials and any other pertinent items required by the Agency identified.

Arizona Department of Corrections, Rehabilitation & Reentry 701 E. Jefferson Street

Phoenix, AZ 85034

Contract No. CTR071190

Date of Agreement:

June 27, 2024

Agency Project No:

7) Enumeration of Contract Documents

INCORPORATED BY REFERENCE

The following shall be incorporated by reference and shall become part of the Agreement Solicitation BPM006127 - CMAR - Fire Suppression System - ASPC - Lewis Special Terms and Conditions of Solicitation BPM006127 - CMAR - Fire Suppression System - ASPC - Lewis Uniform Terms and Conditions of BPM006127 - CMAR - Fire Suppression System - ASPC - Lewis

EXHIBITS

This Agreement includes the following Exhibits attached hereto:

Exhibit A: Construction Manager at Risk Agreement Exhibit B: Statement of Work (Provided by the Contractor) Exhibit C: Fee Summary and Contractor/Subcontractor Hourly Rate Schedule and CMAR

Fee Proposal and General Conditions Worksheet (Provided by the Contractor) Exhibit D: Certificate of Insurance

Arizona Department of Corrections, Rehabilitation & Reentry 701 E. Jefferson Street

Phoenix, AZ 85034

Contract No. CTR071190

Date of Agreement:

June 27, 2024

Agency Project No:

IN WITNESS WHEREOF, STATE OF ARIZONA, DEPARTMENT OF CORRECTIONS, REHABILITATION & REENTRY, acting by and through the Agency procurement authority, and CONTRACTOR in connection with the Project, have executed this Agreement as of the date set forth in the date of Agreement signed by the authorized Agency Procurement Officer.

CONTRACTOR: SUN EAGLE CORPORATION:

By:

(Typed Name)

(Signature)

(Title)

(Date)

STATE OF ARIZONA, DEPARTMENT OF CORRECTIONS, REHABILITATION & REENTRY:

By:

(Typed Name)

(Signature)

(Title)

(Date)

END OF CONSTRUCTION MANAGER AT RISK AGREEMENT

John Alvarez (Jun 28, 2024 10:46 PDT) John Alvarez

John Alvarez

06/28/24

Vice President

Kerry Wells

Chief Procurement Officer

06/28/24

Fire Suppression System – CMAR ASPC Lewis Solicitation Number: BPM006127

Understanding of Pre-construction Services

Sun Eagle Corporation, as the CMAR contractor, is responsible to provide the following services during the pre-construction phase.

Value Engineering: Sun Eagle will review the design and present cost savings ideas to the Owner and Design Team. These cost savings will include a description of the proposed alternate materials, equipment and/or solution.

Constructability Reviews: Sun Eagle will provide a marked up page by page redlined set of drawings with constructability comments.

Scheduling: Sun Eagle will build a master schedule for the project. This schedule will include the design phase with milestones and dates provided by ADCRR and the Design Team which we will track and update.

Cost Estimating: Sun Eagle will not provide as cost estimates as the Owner would like us to proceed with multiple GMP proposals only.

Design Meetings: Sun Eagle will attend all design meetings with the Owner and Design Team.

Site Visits: Sun Eagle will attend all onsite site visits with the Owner and Design Team to perform any investigation need to review existing conditions and document those conditions.

All project communication and documentation will be via ADOA’s Project Management System “Procore”.

Exhibit B:

Statement of Work (Provided by the Contractor)

Fire Suppression System – CMAR ASPC Lewis CM @ Risk Project Itemized Cost Summary - Preconstruction Phase Fee Proposal Solicitation Number: BPM006127 Prepared By: Sun Eagle Corporation

4/22/2024

Total Labor

TASK / PHASE Rate $100.00 Rate $90.00 Rate $85.00 Rate $65.00 Rate $70.00 Rate $75.00 Rate $50.00 Hrs $ Hrs $ Hrs $ Hrs $ Hrs $ Hrs $ Hrs $

Project Administration Program Evaluation Meeting 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 $0.00 Program & Budget Evaluation 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 $0.00 Preliminary Site Investigation Visits 0 $0.00 40 $3,600.00 40 $3,400.00 0 $0.00 0 $0.00 40 $3,000.00 0 $0.00 $10,000.00 Prepare Master Schedule 0 $0.00 12 $1,080.00 8 $680.00 20 $1,300.00 0 $0.00 4 $300.00 0 $0.00 $3,360.00 Weekly Meetings 0 $0.00 8 $720.00 8 $680.00 0 $0.00 0 $0.00 8 $600.00 0 $0.00 $2,000.00 Schematic Design Phase (30%) Schematic Estimate 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 $0.00 Schematic Design Review & Value Engineering 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 $0.00 Update Project Schedule 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 $0.00 Design Development Phase Design Development Estimate 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 $0.00 Design Develop. Estimate Review Mtg 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 $0.00 Design Development V/E Workshop 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 $0.00 Constructibility Review 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 $0.00 Bidability Review 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 $0.00 Update Project Schedule 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 $0.00 Construction Document Phase 90% CD Estimate 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 $0.00 90% CD Estimate Review Meeting 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 $0.00 90% CD V/E Workshop 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 $0.00 Update Project Schedule 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 $0.00 Bid Phase Subcontractor Bid List 0 $0.00 2 $180.00 2 $170.00 0 $0.00 0 $0.00 0 $0.00 1 $50.00 $400.00 Bid Package Preparation 1 $100.00 8 $720.00 12 $1,020.00 0 $0.00 4 $300.00 4 $300.00 1 $50.00 $2,490.00 Meetings 2 $200.00 16 $1,440.00 16 $1,360.00 4 $260.00 0 $0.00 8 $600.00 0 $0.00 $3,860.00 GMP Preparation 2 $200.00 24 $2,160.00 48 $4,080.00 0 $0.00 0 $0.00 24 $1,800.00 24 $1,200.00 $9,440.00 Construction Schedule 0 $0.00 0 $0.00 0 $0.00 8 $520.00 0 $0.00 4 $300.00 0 $0.00 $820.00 GMP Review / Negotiation Meetings 8 $800.00 4 $360.00 4 $340.00 0 $0.00 0 $0.00 4 $300.00 0 $0.00 $1,800.00 Purchasing 4 $400.00 8 $720.00 8 $680.00 0 $0.00 0 $0.00 0 $0.00 24 $1,200.00 $3,000.00

Subtotal 17 $1,700.00 122 $10,980.00 146 $12,410.00 32 $2,080.00 4 $300.00 96 $7,200.00 50 $2,500.00 $37,170.00

TOTAL $37,170.00

Administrative AssistantProject Principal Project Manager Pre-Construction Manager Scheduler Materials Manager Superintendent

Exhibit C:

Fee Summary and Contractor/Subcontractor Hourly Rate Schedule and CMAR Fee

Proposal and General Conditions Worksheet (Provided by the Contractor)

SOLICITATION NUMBER: BPM006127

DESCRIPTION CMAR FEE

General

Conditions Cost of Work Owner

Project Executive X N/A

Project Management X N/A

Project Engineer X N/A

Project Coordinator / Administrative Staff X N/A

Quality Assurance / Quality Control Coordinator X N/A

PreConstruction Manager / Estimator X N/A

Scheduler X N/A

BIM Services X N/A

Accounting / Purchasing X N/A

Director of Field Ops / Superintendent X N/A

Project Manager X N/A

Quality Assurance / Quality Control Coordinator X N/A

Field Engineer X N/A

Safety Specialist X N/A

Security Services X N/A

Testing & Inspections X N/A

Drug Testing for General Conditions Staff X N/A

Temporary Electric (hook-up) X N/A

Temporary Electric (consumption fees) X N/A

Temporary Water (hook-up) X N/A

Temporary Water (consumption fees) X N/A

Data Hook-up X N/A

Data Charges X N/A

Cell Phones X N/A

Temporary Toilets & Hand-Wash Stations X N/A

TEMPORARY UTILITIES - ON SITE

TEMPORARY PROJECT OFFICES (Onsite)

SOLICITATION NAME: CMAR - ASPC - Lewis, Fire Suppression

CMAR Fee Proposal and General Conditions Worksheet

Please identify any/all General Conditions (if any) that the Construction Contractor will utilize throughout this project. General Conditions of Contractor” means the Construction Contractor’s resources, equipment, and items used by the Construction Contractor in the Work of the Project that is used to complete the Project. This only includes Costs incurred at the jobsite for supervision and administration of the overall contract but not ascribable to any particular onsite construction activity.

General Conditions will be a pre-negiotatied percentage that is paid on actual itemized, documented Cost.

If necessary, please add any additional General Conditions to the list provided below.

In addition, please provide the percentages for General Conditions and CMAR Fee that will be used throughout the Project.

Please refer to the 2nd tab of this spreadsheet for Definitions and Markup guide

Indicate Response by placing an X in the appropriate Column and Line Item

OFFICE PERSONNEL

FIELD PERSONNEL

Please indicate with an "X" on the items in yellow, what category you consider that part of the work.

Field Office Trailers X N/A

Storage Trailers (for material, equipment, supplies, tools by Self Perform)

X N/A

Office Furniture / Supplies X N/A

Copiers X N/A

Document Reproduction X N/A

Computer Equipment X N/A

Delivery / Postage Charges X N/A

Project & Safety Signs X N/A

Travel Expenses X N/A

Fence & Gates X N/A

Temporary Roadways & Parking X N/A

Layout & Survey X

Traffic Control X

Erosion Control X

Dumpsters X N/A

Daily Construction Cleanup X N/A

Final Cleanup X N/A

Fire Extinguishers X N/A

First Aid Kits X N/A

General Conditions Safety Equipment (i.e. Staff PPE) X N/A

Safety Measures & Maintenance (i.e. handrail, opening protection)

X N/A

EQUIPMENT

Small Tools & Equipment X N/A

Automobile / Truck Rental X N/A

Fuel X N/A

Scaffolding X N/A

Rented equipment X

Contractor-Owned Equipment X N/A

CMAR Fee Percentage 6.00% This is based on an $13.2M project

General Conditions Percent of Work (Not to Exceed) 6.00% This is based on an $13.2M project

TEMPORARY FACILITIES (Onsite)

INSR ADDL SUBR

LTR INSR WVD

DATE (MM/DD/YYYY)

PRODUCER CONTACT

NAME:

FAXPHONE

(A/C, No):(A/C, No, Ext):

E-MAIL

ADDRESS:

INSURER A :

INSURED INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

POLICY NUMBER

POLICY EFF POLICY EXP

TYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY)

COMMERCIAL GENERAL LIABILITY

AUTOMOBILE LIABILITY

UMBRELLA LIAB

EXCESS LIAB

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY

DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

AUTHORIZED REPRESENTATIVE

INSURER(S) AFFORDING COVERAGE NAIC #

Y / N

N / A (Mandatory in NH)

ANY PROPRIETOR/PARTNER/EXECUTIVE

OFFICER/MEMBER EXCLUDED?

EACH OCCURRENCE $

DAMAGE TO RENTED

$PREMISES (Ea occurrence)CLAIMS-MADE OCCUR

MED EXP (Any one person) $

PERSONAL & ADV INJURY $

GENERAL AGGREGATE $GEN'L AGGREGATE LIMIT APPLIES PER:

PRODUCTS - COMP/OP AGG $

PRO-

OTHER:

LOCJECT

COMBINED SINGLE LIMIT

$(Ea accident)

BODILY INJURY (Per person) $ANY AUTO OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS

AUTOS ONLY

HIRED PROPERTY DAMAGE $

AUTOS ONLY (Per accident)

OCCUR EACH OCCURRENCE $

CLAIMS-MADE AGGREGATE $

DED RETENTION $ $

PER OTH-

STATUTE ER

E.L. EACH ACCIDENT $

E.L. DISEASE - EA EMPLOYEE $

If yes, describe under

E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below

POLICY

NON-OWNED

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN

ACCORDANCE WITH THE POLICY PROVISIONS.

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.

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 any rights to the certificate holder in lieu of such endorsement(s).

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

CERTIFICATE HOLDER CANCELLATION

© 1988-2015 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03)

ACORDTM CERTIFICATE OF LIABILITY INSURANCE

Valley Forge Insurance Company

Continental Insurance Company

National Fire Insurance Co. of Hartford

6/24/2024

USI Insurance Services LLC 2375 E. Camelback Rd, Suite 250 Phoenix, AZ 85016

Zoe West 602-374-1338 zoe.west@usi.com

Sun Eagle Corporation 461 N. Dean Ave.

Chandler, AZ 85226

20508 35289 20478

A X X

X PD Ded:5,000

X

X X 6078810509 08/01/2023 08/01/2024 1,000,000 100,000 15,000 1,000,000 2,000,000 2,000,000

A X

X X

X X 6078810476 08/01/2023 08/01/2024 1,000,000

B X X

X 10000

6078810445 08/01/2023 08/01/2024 9,000,000 9,000,000

C

Y

X 6078810459 08/01/2023 08/01/2024 X 1,000,000

1,000,000 1,000,000

A

A

Leased/Rented Equipment Installation Fltr

6078810476

6078810476

08/01/2023

08/01/2023

08/01/2024

08/01/2024

$275,000 Limit $2,500 Deductible $100,000 Lmt/$1,000 Ded

The General Liability and Automobile Liability policies include an automatic Additional Insured endorsement that provides Additional Insured status to the Certificate Holder only when there is a written contract that requires such status, and only with regard to work performed on behalf of the named insured. The General Liability and Automobile Liability policies contain a special endorsement with "Primary and Noncontributory" wording, when required by written contract. The General Liability, Automobile Liability, (See Attached Descriptions)

AZ Dept of Corrections Rehabilitation & Reentry 701 E. Jefferson Street- Mail Code 55302 Phoenix, AZ 85034

#S45200158/M40935959

SUNEAGLEClient#: 871910

HXCJD

#S45200158/M40935959

SAGITTA 25.3 (2016/03)

DESCRIPTIONS (Continued from Page 1) and Workers Compensation policies provide a Waiver of Subrogation when required by written contract. Per Project Aggregate applies.

RE: CMAR-Fire Suppression System ASPC- Lewis CTR071190. Additional Insured Includes: AZ Dept of Corrections Rehabilitation & Reentry

#S45200158/M40935959

Sun Eagle Corporation 8-1-2023

6078810509

8-1-23

Contractors’ General Liability Extension Endorsement

Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.

1. ADDITIONAL INSUREDS

a. WHO IS AN INSURED is amended to include as an Insured any person or organization described in paragraphs A. through H. below whom a Named Insured is required to add as an additional insured on this

Coverage Part under a written contract or written agreement, provided such contract or agreement:

(1) is currently in effect or becomes effective during the term of this Coverage Part; and

(2) was executed prior to:

(a) the bodily injury or property damage; or

(b) the offense that caused the personal and advertising injury, for which such additional insured seeks coverage.

b. However, subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with:

(1) a higher limit of insurance than required by such contract or agreement; or

(2) coverage broader than required by such contract or agreement, and in no event broader than that described by the applicable paragraph A. through H. below.

Any coverage granted by this endorsement shall apply only to the extent permissible by law.

A. Controlling Interest

Any person or organization with a controlling interest in a Named Insured, but only with respect to such person or organization’s liability for bodily injury, property damage or personal and advertising injury arising out of:

1. such person or organization’s financial control of a Named Insured; or

2. premises such person or organization owns, maintains or controls while a Named Insured leases or occupies such premises;

provided that the coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured.

B. Co-owner of Insured Premises

A co-owner of a premises co-owned by a Named Insured and covered under this insurance but only with respect to such co-owner’s liability for bodily injury, property damage or personal and advertising injury as co-owner of such premises.

C. Lessor of Equipment

Any person or organization from whom a Named Insured leases equipment, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused, in whole or in part, by the

Named Insured’s maintenance, operation or use of such equipment, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease.

D. Lessor of Land

Any person or organization from whom a Named Insured leases land but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such land, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured.

CNA74705XX (1-15) Policy No:

6078810509 Page 2 of 17 Endorsement No:

Effective Date:

Insured Name:

CNA74705XX (1-15) Policy No:

Page 3 of 17 Endorsement No:

Effective Date:

Insured Name:

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E. Lessor of Premises

An owner or lessor of premises leased to the Named Insured, or such owner or lessor’s real estate manager, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such part of the premises leased to the Named

Insured, and provided that the occurrence giving rise to such bodily injury or property damage, or the offense giving rise to such personal and advertising injury, takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured.

F. Mortgagee, Assignee or Receiver

A mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee or receiver’s liability for bodily injury, property damage or personal and advertising injury arising out of the

Named Insured’s ownership, maintenance, or use of a premises by a Named Insured.

The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured.

G. State or Governmental Agency or Subdivision or Political Subdivisions – Permits

A state or governmental agency or subdivision or political subdivision that has issued a permit or authorization but only with respect to such state or governmental agency or subdivision or political subdivision’s liability for bodily injury, property damage or personal and advertising injury arising out of:

1. the following hazards in connection with premises a Named Insured owns, rents, or controls and to which this insurance applies:

a. the existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults, street banners, or decorations and similar exposures; or

b. the construction, erection, or removal of elevators; or

c. the ownership, maintenance or use of any elevators covered by this insurance; or

2. the permitted or authorized operations performed by a Named Insured or on a Named Insured’s behalf.

The coverage granted by this paragraph does not apply to:

a. Bodily injury, property damage or personal and advertising injury arising out of operations performed for the state or governmental agency or subdivision or political subdivision; or

b. Bodily injury or property damage included within the products-completed operations hazard.

With respect to this provision’s requirement that additional insured status must be requested under a written contract or agreement, the Insurer will treat as a written contract any governmental permit that requires the

Named Insured to add the governmental entity as an additional insured.

H. Trade Show Event Lessor

1. With respect to a Named Insured’s participation in a trade show event as an exhibitor, presenter or displayer, any person or organization whom the Named Insured is required to include as an additional insured, but only with respect to such person or organization’s liability for bodily injury, property damage or personal and advertising injury caused by:

a. the Named Insured’s acts or omissions; or

b. the acts or omissions of those acting on the Named Insured’s behalf, Page 4 of 17 Endorsement No:

Effective Date:

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in the performance of the Named Insured’s ongoing operations at the trade show event premises during the trade show event.

2. The coverage granted by this paragraph does not apply to bodily injury or property damage included within the products-completed operations hazard.

2. ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY TO ADDITIONAL INSURED’S INSURANCE

The Other Insurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONS Section is amended to add the following paragraph:

If the Named Insured has agreed in writing in a contract or agreement that this insurance is primary and non-contributory relative to an additional insured's own insurance, then this insurance is primary, and the Insurer will not seek contribution from that other insurance. For the purpose of this Provision 2., the additional insured's own insurance means insurance on which the additional insured is a named insured. Otherwise, and notwithstanding anything to the contrary elsewhere in this Condition, the insurance provided to such person or organization is excess of any other insurance available to such person or organization.

3. BODILY INJURY – EXPANDED DEFINITION

Under DEFINITIONS, the definition of bodily injury is deleted and replaced by the following:

Bodily injury means physical injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury sustained by that person at any time which results as a consequence of the physical injury, sickness or disease.

4. BROAD KNOWLEDGE OF OCCURRENCE/ NOTICE OF OCCURRENCE

Under CONDITIONS, the condition entitled Duties in The Event of Occurrence, Offense, Claim or Suit is amended to add the following provisions:

A. BROAD KNOWLEDGE OF OCCURRENCE

The Named Insured must give the Insurer or the Insurer’s authorized representative notice of an occurrence, offense or claim only when the occurrence, offense or claim is known to a natural person

Named Insured, to a partner, executive officer, manager or member of a Named Insured, or an employee designated by any of the above to give such notice.

B. NOTICE OF OCCURRENCE

The Named Insured’s rights under this Coverage Part will not be prejudiced if the Named Insured fails to give the Insurer notice of an occurrence, offense or claim and that failure is solely due to the Named

Insured’s reasonable belief that the bodily injury or property damage is not covered under this Coverage

Part. However, the Named Insured shall give written notice of such occurrence, offense or claim to the

Insurer as soon as the Named Insured is aware that this insurance may apply to such occurrence, offense or claim.

5. BROAD NAMED INSURED

WHO IS AN INSURED is amended to delete its Paragraph 3. in its entirety and replace it with the following:

3. Pursuant to the limitations described in Paragraph 4. below, any organization in which a Named Insured has management control:

a. on the effective date of this Coverage Part; or

b. by reason of a Named Insured creating or acquiring the organization during the policy period, qualifies as a Named Insured, provided that there is no other similar liability insurance, whether primary, contributory, excess, contingent or otherwise, which provides coverage to such organization, or which would have provided coverage but for the exhaustion of its limit, and without regard to whether its coverage is broader or narrower than that provided by this insurance.

Page 8 of 17 Endorsement No:

Effective Date:

Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.

10. EXPECTED OR INTENDED INJURY – EXCEPTION FOR REASONABLE FORCE

Under COVERAGES, Coverage A – Bodily Injury and Property Damage Liability, the paragraph entitled

Exclusions is amended to delete the exclusion entitled Expected or Intended Injury and replace it with the following:

This insurance does not apply to:

Expected or Intended Injury

Bodily injury or property damage expected or intended from the standpoint of the Insured. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property.

11. GENERAL AGGREGATE LIMITS OF INSURANCE - PER PROJECT

A. For each construction project away from premises the Named Insured owns or rents, a separate Construction Project General Aggregate Limit, equal to the amount of the General Aggregate Limit shown in the Declarations, is the most the Insurer will pay for the sum of:

1. All damages under Coverage A, except damages because of bodily injury or property damage included in the products-completed operations hazard; and

2. All medical expenses under Coverage C, that arise from occurrences or accidents which can be attributed solely to ongoing operations at that construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations, nor the Construction Project General Aggregate Limit of any other construction project.

B. All:

1. Damages under Coverage B, regardless of the number of locations or construction projects involved;

2. Damages under Coverage A, caused by occurrences which cannot be attributed solely to ongoing operations at a single construction project, except damages because of bodily injury or property damage included in the products-completed operations hazard; and

3. Medical expenses under Coverage C caused by accidents which cannot be attributed solely to ongoing operations at a single construction project, will reduce the General Aggregate Limit shown in the Declarations.

C. The limits shown in the Declarations for Each Occurrence, for Damage To Premises Rented To You and for Medical Expense continue to apply, but will be subject to either the Construction Project General Aggregate

Limit or the General Aggregate Limit shown in the Declarations, depending on whether the occurrence can be attributed solely to ongoing operations at a particular construction project.

D. When coverage for liability arising out of the products-completed operations hazard is provided, any payments for damages because of bodily injury or property damage included in the products-completed operations hazard will reduce the Products-Completed Operations Aggregate Limit shown in the Declarations, regardless of the number of projects involved.

E. If a single construction project away from premises owned by or rented to the Insured has been abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project.

F. The provisions of LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to apply as stipulated.

Page 11 of 17 Endorsement No:

Effective Date:

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(2) bodily injury to an employee while in the course of the employee’s employment by the

Named Insured or while performing duties related to the conduct of the Named Insured’s business;

when such bodily injury arises out of a health care incident.

b. delete Subparagraphs (a), (b), (c) and (d) of Paragraph 2.a.(1) of WHO IS AN INSURED.

D. The Other Insurance condition is amended to delete Paragraph b.(1) in its entirety and replace it with the following:

Other Insurance

b. Excess Insurance

(1) To the extent this insurance applies, it is excess over any other insurance, self insurance or risk transfer instrument, whether primary, excess, contingent or on any other basis, except for insurance purchased specifically by the Named Insured to be excess of this coverage.

14. JOINT VENTURES / PARTNERSHIP / LIMITED LIABILITY COMPANIES

WHO IS AN INSURED is amended to delete its last paragraph and replace it with the following:

No person or organization is an Insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations, except that if the

Named Insured was a joint venturer, partner, or member of a limited liability company and such joint venture, partnership or limited liability company terminated prior to or during the policy period, such Named Insured is an Insured with respect to its interest in such joint venture, partnership or limited liability company but only to the extent that:

a. any offense giving rise to personal and advertising injury occurred prior to such termination date, and the personal and advertising injury arising out of such offense first occurred after such termination date;

b. the bodily injury or property damage first occurred after such termination date; and

c. there is no other valid and collectible insurance purchased specifically to insure the partnership, joint venture or limited liability company; and

If the joint venture, partnership or limited liability company is or was insured under a consolidated (wrap-up) insurance program, then such insurance will always be considered valid and collectible for the purpose of paragraph c. above. But this provision will not serve to exclude bodily injury, property damage or personal and advertising injury that would otherwise be covered under the Contractors General Liability Extension

Endorsement provision entitled WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP)

INSURANCE PROGRAMS. Please see that provision for the definition of consolidated (wrap-up) insurance program.

15. LEGAL LIABILITY – DAMAGE TO PREMISES / ALIENATED PREMISES / PROPERTY IN THE NAMED

INSURED’S CARE, CUSTODY OR CONTROL

A. Under COVERAGES, Coverage A – Bodily Injury and Property Damage Liability, the paragraph entitled

Exclusions is amended to delete exclusion j. Damage to Property in its entirety and replace it with the following:

This insurance does not apply to:

j. Damage to Property

Property damage to:

(1) Property the Named Insured owns, rents, or occupies, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or

Page 16 of 17 Endorsement No:

Effective Date:

Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.

A. Paragraph 1.b. is amended to delete the $250 limit shown for the cost of bail bonds and replace it with a $5,000. limit; and

B. Paragraph 1.d. is amended to delete the limit of $250 shown for daily loss of earnings and replace it with a $1,000. limit.

24. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS

If the Named Insured unintentionally fails to disclose all existing hazards at the inception date of the Named

Insured’s Coverage Part, the Insurer will not deny coverage under this Coverage Part because of such failure.

25. WAIVER OF SUBROGATION - BLANKET

Under CONDITIONS, the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended to add the following:

The Insurer waives any right of recovery the Insurer may have against any person or organization because of payments the Insurer makes for injury or damage arising out of:

1. the Named Insured’s ongoing operations; or

2. your work included in the products-completed operations hazard.

However, this waiver applies only when the Named Insured has agreed in writing to waive such rights of recovery in a written contract or written agreement, and only if such contract or agreement:

1. is in effect or becomes effective during the term of this Coverage Part; and

2. was executed prior to the bodily injury, property damage or personal and advertising injury giving rise to the claim.

26. WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS

Note: The following provision does not apply to any public construction project in the state of Oklahoma, nor to any construction project in the state of Alaska, that is not permitted to be insured under a consolidated (wrap-

up) insurance program by applicable state statute or regulation.

If the endorsement EXCLUSION – CONSTRUCTION WRAP-UP is attached to this policy, or another exclusionary endorsement pertaining to Owner Controlled Insurance Programs (O.C.I.P.) or Contractor Controlled Insurance Programs (C.C.I.P.) is attached, then the following changes apply:

A. The following wording is added to the above-referenced endorsement:

With respect to a consolidated (wrap-up) insurance program project in which the Named Insured is or was involved, this exclusion does not apply to those sums the Named Insured become legally obligated to pay as damages because of:

1. Bodily injury, property damage, or personal or advertising injury that occurs during the Named

Insured’s ongoing operations at the project, or during such operations of anyone acting on the Named

Insured’s behalf; nor

2. Bodily injury or property damage included within the products-completed operations hazard that arises out of those portions of the project that are not residential structures.

B. Condition 4. Other Insurance is amend to add the following subparagraph 4.b.(1)(c):

This insurance is excess over:

(c) Any of the other insurance whether primary, excess, contingent or any other basis that is insurance available to the Named Insured as a result of the Named Insured being a participant in a consolidated

(wrap-up) insurance program, but only as respects the Named Insured’s involvement in that consolidated (wrap-up) insurance program.

Business Auto Policy Policy Endorsement

CONTRACTORS EXTENDED COVERAGE ENDORSEMENT - BUSINESS AUTO PLUS

I.

A.

1.

2.

a.

b.

(1)

(2)

3.

4.

1.

2.

B.

1.

2.

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM

LIABILITY COVERAGE

Who Is An Insured

The following is added to Section II, Paragraph A.1., Who Is An Insured:

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.

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.:

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.

Does not apply to:

Bodily injury or property damage caused by an accident that occurred before you acquired or formed the organization; or

Any such organization that is an insured under any other liability "policy" providing auto coverage.

Any person or organization that you are required by a written contract to name as an additional insured is an insured but only with respect to their legal liability for acts or omissions of a person, who qualifies as an insured under SECTION II – WHO IS AN INSURED and for whom Liability Coverage is afforded under this policy. If required by written contract, this insurance will be primary and non-contributory to insurance on which the additional insured is a Named Insured.

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:

Which are no longer in force; or

Whose limits have been exhausted.

Bail Bonds and Loss of Earnings

Section II, Paragraphs A.2. (2) and A.2. (4) are revised as follows:

In a.(2), the limit for the cost of bail bonds is changed from $2,000 to $5,000; and

In a.(4), the limit for the loss of earnings is changed from $250 to $500 a day.

BUA 6078810476

Endorsement No: 14; Page: 1 of 4 Policy Page: 60 of 77

Underwriting Company: Valley Forge Insurance Company, 151 N Franklin St, Chicago, IL 60606

Form No: CNA63359XX (04-2012) Endorsement Effective Date:

Policy No:

Policy Effective Date: Endorsement Expiration Date:

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