HomeMy WebLinkAboutA&H REFRIGERATION, INC., 1 11; N
PAIMI
%7D \0 AGREEMENT WITH A & H REFRIGERATION, INC. TO REPLACE
AND INSTALL REFRIGERATION AND FREEZER UNITS
THIS AGREEMENT is made and entered into on this 10 day of March, 2019 by and between
A & H Refrigeration, Inc,, a California corporation ("Contractor"), 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 October 10, 2018, the City issued a Request for Proposal 418-086 ("RFP") seeking a
contractor to replace and install refrigerator and freezer units at the Santa Ana Police
Department's evidence room. The City issued an addendum to the RFP extending the
deadline for proposals to November 9, 2018. After the City did not receive any proposals
from vendors, the City invited 3 qualified vendors and, again, requested proposals,
B. On December 21, 2018, Contractor submitted a responsive proposal that was selected by
The City. Contractor represents that it is able and willing to provide the services described
in the scope of work that was included in the RFP and attached hereto as Exhibit A.
C. In undertaking the performance of this Agreement, Contractor represents that it is
knowledgeable in its field and that any services performed by Contractor under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional consulting 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:
SCOPE OF SERVICES
a, Contractor shall perform during the tent of this Agreement, 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. Contractor's proposal shall also be
incorporated by reference as though fully set forth herein.
b. The parties agree that the services described it; this Agreement shall commence upon
a date to be determined, and confirmed in writing, by the parties. All work and the
closing statements or invoices shall be completed and delivered to the City within the
term of this Agreement as noted in Section 3, below,
2. COMPENSATION
a. City agrees to pay, and Contractor agrees to accept as total payment for its services for
City, the rates and charges identified in Exhibit B. The total amount to be expended
during the term of this Agreement shall not exceed $153,750. The SLIM of this amount
is comprised of the base amount provided in Option I of Exhibit B for $128,750 and a
Pagel of
contingency amount of $25,000 for work assigned at the sole discretion of the City.
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. 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,
3. TERM
This Agreement shall commence on the date first written above for a one (1) year term,
unless terminated earlier in accordance with Section 15, below.
4. INDEPENDENT CONTRACTOR
Contractor 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 Contractor
performs the services which are the subject matter of this Agreement; however, the services to be
provided by Contractor shall be provided in a manner consistent with all applicable standards and
regulations governing such services. Contractor 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.
5. 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 Contractor under this Agreement ("Documents & Data"). Contractor
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.
Contractor represents and warrants that Contractor has the legal right to license any and all
Documents & Data. Contractor makes no such representation and warranty in regard to
Documents & Data which were provided to Contractor 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.
6. INSURANCE
Prior to undertaking performance of work under this Agreement, Contractor shall maintain
and shall require its subcontractors, if any, to obtain and maintain insurance as described below:
a. Commercial General Liability Insurance. Contractor shall maintain commercial
general liability insurance naming the City, its officers, employees, agents,
Page 2 of 8
volunteers and representatives as additional insured(s) and shall include, but not be
limited to protection against claims arising from bodily and personal injury,
including death resulting therefrom and damage to property, resulting from any act
or occurrence arising out of Contractor's operations in the performance of this
Agreement, including, without limitation, acts involving vehicles. The amounts of
insurance shall be not less than the following: single limit coverage applying to
bodily and personal injury, including death resulting therefrom, and property
damage, in the total amount of $ 1,000,000 per occurrence, with $2,000,000 in the
aggregate. Such insurance shall (a) name the City, its officers, employees, agents,
and representatives as additional insured(s); (b) be primary and not contributory
with respect to insurance or self-insurance programs maintained by the City; and
(c) contain standard separation of insureds provisions.
b. Business automobile liability insurance, or equivalent form, with a combined single
limit of not less than $1,000,000 per occurrence. Such insurance shall include
coverage for owned, hired and non -owned automobiles,
C. Worker's Compensation Insurance. In accordance with the provisions of Section
3700 of the Labor Code, Contractor, if Contractor has any employees, is required
to be insured against liability for worker's compensation or to undertake self-
insurance. Prior to commencing the performance of the work under this
Agreement, Contractor agrees to obtain and maintain any employer's liability
insurance with limits not less than $ 1,000,000 per accident.
d. If Contractor is or employs a licensed professional such as an architect or engineer:
Professional liability (errors and omissions) insurance, with a combined single limit
of not less than $ 1,000,000 per claim with $2,000,000 in the aggregate,
e. The following requirements apply to the insurance to be provided by Contractor
pursuant to this section:
i. Contractor shall maintain all insurance required above in full force and
effect for the entire period covered by this Agreement.
ii. Certificates of insurance shall be furnished to the City upon execution of
this Agreement and shall be approved by the City.
iii. Certificates and policies shall state that the policies shall not be canceled or
reduced in coverage or changed in any other material aspect without thirty
(30) days prior written notice to the City.
iv. Where the amounts or coverage provided by the certificates of insurance
provides coverage greater than those listed by this Agreement, the amounts
provided by the certificates of insurance shall be incorporated by reference
into the Agreement.
V. Contractor shall supply City with a fully executed additional insured
endorsement.
f If Contractor fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to furnish the City with required proof that insurance has
been procured and is in force and paid for, the City shall have the right, at the City's
election, to forthwith terminate this Agreement. Such termination shall not affect
Contractor's right to be paid for its time and materials expended prior to notification
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of termination. Contractor waives the right to receive compensation and agrees to
indemnify the City for any work performed prior to approval of insurance by the
City.
7. INDEMNIFICATION
Contractor 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 Contractor, its subcontractors, agents, employees, or other persons
acting on its 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 Contractor
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 terns 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 Contractor'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 out of,
pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor.
8. INTELLECTUAL PROPERTY INDEMNIFICATION
Contractor shall defend and indemnify the City, its officers, agents, representatives, and
employees against any and all liability, including costs, for infringement of any United States'
letters patent, trademark, or copyright infringement, including costs, contained in the work product
or documents provided by Contractor to the City pursuant to this Agreement.
9. RECORDS
Contractor shall keep records and invoices in connection with the work to be performed
under this Agreement. Contractor 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 Contractor under this Agreement. All such records and
invoices shall be clearly identifiable. Contractor 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. Contractor 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 Contractor under this Agreement.
Page 4 of 8
10. CONFIDENTIALITY
If Contractor receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Contractor 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
Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor
without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e)
is independently developed by the Contractor without reference to information disclosed by the
City.
11. CONFLICT OF INTEREST CLAUSE
Contractor covenants that it presently has no interests and shall not have interests, direct or
indirect, which would conflict in any manner with performance of services specified under this
Agreement.
12. NON-DISCRIMINATION
Contractor shall not discriminate because of race, color, creed, religion, sex, marital status,
sexual orientation, 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. Contractor affirms that it is an equal opportunity employer and shall
comply with all applicable federal, state and local laws and regulations.
13. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Contractor, 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 Contractor. 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 Contractor 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 is not embodied herein.
Page 5 of 8
14. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Contractor,
Contractor 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.
15. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor
compensation for all services performed by Contractor 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 Contractor to
deliver to the City all work product(s) completed as of such date, and in such case
such work product shall be the property of the City unless prohibited by law, and
Contractor 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.
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. 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.
18. PROFESSIONAL LICENSES
Contractor 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. Contractor shall notify the City immediately and
Page 6 o£8
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.
19. 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:
Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956
With courtesy copies to:
Chief of Police
City of Santa Ana
60 Civic Center Plaza P.O. Box 1988
Santa Ana, California 92702
Fax: 714-245-8007
To Contractor:
A & H Refrigeration, Inc.
7111 Garden Grove Blvd.
Suite 102
Garden Grove, CA 92841
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
time frames, weekends, federal, state, County or City holidays shall be excluded.
20. 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
Page 7 of 8
attorney's fees, for any injuries or damages to City in the event that such authority
or power is not, in fact, hold 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 Agrtement.
IN wrrNESS WHEREOF, the parties hereto have executed this Agreement the date and year first
above written.
ATTEST:
Norin a Mitre
Acting Clerk of the Couticil
APPROVED AS TO FORM:
SONIA R. CARVALF10
City Attonaty
it
Tarnara Bogosian
Assistant City Attorney
RECOMMENDED FOR APPROVAL
Chief of Police
CITY OF SANTA ANA
Steven Mendoza
Acting City Manager
CONTRACTOR-.
41-
By: \kcl Girt tZ
Title:
Page 8 of 8
EXHIBIT A
SCOPE OF SERVICES
EXHIBIT A
CITY OF SANTA ANA
REQUEST FOR PROPOSAL (RFP) FOR
EVIDENCE REFRIGERATOR/FREEZER UNIT REPLACEMENT SERVICES
SCOPE OF SERVICES
4 4 a 7 2 - i 6- \1
The City of Santa Ana is issuing this Request for Proposals (RFP) for evidence refrigerator/freezer unit
replacement services. The project will take place in the Santa Ana Police Department's Evidence Unit -
1st floor.
All work must be done per these specifications, according to all applicable and acceptable industry
standards, of the highest quality workmanship commensurate with required work, and completed by the
time required.
A. SCOPE OFWORK- GENERAL
1. Provide all materials, tools, equipment and everything else necessary to perform the work per as
specified herein.
Z Include minor items, which are necessary to complete repair work, and usually included in similar
work even though not specifically mentioned in these specifications.
3. Note that no additional compensation will be allowed due to misunderstandings as to the amount of
work involved or lack of knowledge of any existing conditions that could have been discovered or
reasonably anticipated prior to submitting the bid.
4. Additional work not specified in these specifications shall be brought to the attention of the City
Representative and shall not be performed unless authorized by City Representative,
5. Provide material and workmanship warranty.
B. PREPARATION
1. Coordinate pedestrian and vehicular traffic at all times during operations.
Z Provide all necessary barricades, warning tape, and signage required to protect walking and
vehicular traffic from work area and work area equipment.
3. Provide temporary security measures for the work site, to secure all equipment and materials
and discourage theft, vandalism, and unauthorized entry by the public.
4. Do not admit any person into the work area who is not an employee of the City, Contractor,
or subcontractor.
5. Wear visitor identification at all times, which shall be furnished by the Santa Ana Police
Department.
6. As previously stated in RFP make sure all contracted employees have been fingerprinted and
background checked.
7. Do not damage anything that is intended to remain.
City of Santa Ana — RFP for Evidence Refrigerator/Freezer Unit Replacement Services
Page 10
8. Remove the to -be -replaced equipment only.
9. Minimize impact to adjacent areas.
10. Ensure that all environmental conditions are appropriate for the required services.
11. Ensure that all equipment, materials, supplies, and consumables meet or better all applicable
manufacturer's published specifications and industry standards for items being replaced.
12. Use only brand new, factory -sealed products.
C. EXECUTION
1, Replace the equipment and materials as specified herein and according to all manufacturer
requirements.
D. CLOSEOUT PROCEDURES
1. Notify City Representative, in writing, that work has been inspected, is in compliance with
specifications, and ready for City Representative's review.
2. Accompany City Representative on inspections to check for proper installation.
3. Make all necessary adjustments to ensure that all work is complete and performs as designed.
4. Clean up work area.
5. Note that City Representative alone will determine project completion status.
E. SCOPE OF WORK - BID SPECIFIC
1. Provide all labor, equipment, material, and everything else necessary to remove existing
Refrigerator/freezer unit at the Santa Ana Police Department.
2. Provide temporary secure fencing/barrier with visibility reduction to separate restricted
area from construction area throughout duration of the project.
3. Examine the worksites and be self -informed thoroughly with the existing condition and
limitations affecting the performance of their work.
4. No additional compensation will be allowed due to misunderstandings as to the amount
of work involved or lack of knowledge of any existing conditions that could have been
discovered or reasonably anticipated prior to submitting the bid.
5. Contractor is responsible for confirming all dimensions prior to bid submission, removal,
and installation of specified materials.
6. Awarded Contractor is required to provide the following services:
a. To safely remove and dispose of the existing built-in walk-in refrigerator/freezer unit.
1. Existing refrigerator unit is Kolpak (brand) with approximate dimensions of 201 x 8'W
x 8'1 "H.(To be verified at Job Walk)
2. Existing freezer unit is Kolpak (brand) with approximate dimensions of 201 x 26'W x
8'1"H.(To be verified at Job Walk)
City of Santa Ana - RFP for Evidence Refrigerator/Freezer Unit Replacement Services
Page 11
3. Provide an engineered design and all documents necessary to complete the plan
check and permitting process.
4. Provide equipment submittals for the walk-in refrigerator/freezer unit. Include
manufacturer, model, refrigeration system components, interior and exterior finish,
insulation value, and door design.
5. Provide temporary unit(s) for existing refrigerated and frozen materials. Santa Ana
Police Department will be responsible for handling of the materials inside the
refrigerator and freezer.
6. Demolish, remove and dispose of all components of the existing walk-in
refrigerator/freezer.
7. Upon removal of the walk-in refrigerator/freezer, a 311 party structural engineer
should inspect the existing concrete foundation beneath the walk-in
refrigerator/freezer unit. If it is determined by the structural engineer that the existing
concrete foundation is damaged, the damaged portion of the foundation should be
repaired to a specification approved by the structural engineer. The new
refrigerator/freezer unit should not be installed until the condition of the concrete
foundation is approved by the structural engineer.
8. Once all components have been removed the proposer will have a 3i1 party
structural engineer evaluate the structure.
b. To provide and install a new walk-in refrigerator/freezer unit to fit as a direct replacement
in the space currently occupied by the existing walk-in refrigerator/freezer unit.
1. Include for all labor and materials necessary to complete the installation of a full
functioning system.
2. All refrigeration components must be installed in a manner that leaves the system
accessible for service and maintenance.
3. Proper sub -flooring and/or insulation barrier must be installed in order to prevent
foundation frost heaving. Note: sub -flooring selection should not accommodate the
use of pallet jacks, forklifts, and/or heavy machinery.
4. New refrigerator/freezer unit shall be installed above ground in order to
accommodate proper matting.
5. Sealed cement or galvanized flooring.
6. Complete drywall repair above freezer/refrigerator unit.
7. Maintain existing temperature monitoring alarm system.
8. Lighting in the new refrigerator must be LED lighting.
9. Clean and remove all construction debris from job site.
10. Coordinate the removal of temporary refrigeration/freezer storage unit upon
completion of final inspection.
c. Test and confirm operation and functionality prior to City Representative project sign -off.
City of Santa Ana - RFP for Evidence Refrigerator/Freezer Unit Replacement Services
Page 12
1. The walk-in refrigerator should hold temperature at 38 degrees F with an allowable
tolerance of+ur-3degrees F.
2. The walk-in freezer should hold temperature at 0 degrees F with an allowable
tolerance uf+or^3degrees F.
d, Provide any training for City Representative, covering maintenance, programming, and
general operation.
City of Santa Ana — RFP for Evidence Refrigerator/Freezer Unit Replacement Services
Page 13
EXHIBIT B
COMPENSATION
Fee Proposal including hourly rates if applicable
Exhibit
CITY OF SANTA ANA
REQUEST FOR
`O'O.' FOR
Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for
Proposals. I have examined the Scope of Services (Exhibit A) and am familiar with the scope of work
locations. I am familiar with all the existing conditions and limitation that may impact work requests. I
understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for
clarification prior to the submission of my proposal.
Proposal Item Price - Pricing shall be based on a lump sum for services described in Exhibit A. Fee must
be inclusive of all costs, including but not limited to, direct and indirect costs for labor, overhead, incidental
supplies, travel, mileage, and fuel. Any special materials will be purchased by the contractor only after
discussed and authorized by the City projects manager or designee in writing.
Ootion I - Provide cost estimate ner the orininal RFP 18-086
LINE
I DESCRIPTION UNIT
COST
I
Refrigerator/freezer combo unit complete installation 1
112,000
including all materials, supplies, labor and/or permits, etc.
2
Complete concrete slab replacement including all materials, 1
13,000
supplies, labor and/or permits, etc.
3
Drywall repair work above refrigerator/freezer combo unit 1
3,750
including all materials, supplies, labor and/or permits, etc.
4IL
Taxes
0
Total Project Cost (Add Lines I, 2, 3 and 4):
128,750
Option II
-Provide cost estimate for phase 1, 11, ill, and IV of the modified
replacement services
•J►1TM
LINE I DESCRIPTION UNIT COST
Freezer unit complete installation on a new foot print 31'L x
1, 20'W x 9'114 (no demo) including all materials, supplies, 1 91,000
labor and/or permits, etc.
2 Taxes 0
Total Project Cost (Add Lines 1 and 2): 91,000
Conversion of existing freezer unit 20'L x 26'W x 8'1 "H into
a refrigerator unit including all materials, supplies, labor 1 48,000
and/or permits, etc.
Taxes
Total Project Cost (Add Lines 1 and 2): 1 48,000
Demo of existing refrigerator unit including replacing
I common wall, all finish work, re -sizing ceiling, supplies, 1 8,750
labor and/or permits, etc.
Total Project Cost (Add Lines I and 2); 8,750
Assess flooring in current freezer unit and provide cost + 1 13,000
Total Project Cost (Add Lines I and 2): 13,000
I I Complete repairs proposed in phase IV. I I
2 Taxes
Total Project Cost (Add Lines I and 2):
ME
/\&HREFRIGERATION INC R71 :714'58J^8141
LEGAL NAME [)FCOMPANY PHONE AND FAXNUMBERS
711GROVE, CA&2841
BUSIN' SS ADDRESS
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TITLE
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FEDERAL |DNUMBER (IF APPLICABLE) CONTRACTOR LICENSE NUMBER (IF APPLICABLE)
AR14RF-1 rip in, WT
AGORv CERTIFICATE OF LIABILITY INSURANCE
D03,ZATE u,10011,
03/21/2019
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 INSURERS), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) 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 endorsoment s .
PRODUCER 916.436-2600
W!! Sean Telford
Coastal Valley insurance Serv.
Lie. 4884546
2440 Gold River Rd. Ste. 290
PRONE 916Ji36-2600 PAX 916 436-2fi10
VV No Ext: {AAI No:
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AD ILea;
Gold River, CA 95670
Sean Telford
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s AFFORDING COVERAGE
INSURER ' U.S Specialty Insurance Co
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DAMAGE TO RENTED _- 100,000
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INSURED
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INSURER :
PERSONAL B AQV INJURY S 1,000,000
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Gardsn' rova: CA 92844
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INBURHRRF:
rnviceemoe rt=OTICIP.ATC NI IMRCR• RFVIRION NI HVI
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 REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
TYPE OF INSURANCE
ADD
I.A
SU
POLICY NUMBER
POLICY EFr'
POLICY EXPLIMITS
Santa Ana, CA 92701
AUTHORIZED REPRESENTATIVE
X COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE X OCCUR
X Owner/Cont Prot
X
U19AC95620.02
01/07/2019
01/0712020
C OCCURRENCE 1x000,000
_
DAMAGE TO RENTED _- 100,000
1Eawrurren4gf„
,•
MEDEXP lAny.n.PersoD s •5,000
PERSONAL B AQV INJURY S 1,000,000
NL AGGREGATE UNIT APPLIES PER:
X POLICY F-1 j ❑ LOC
OTHER
GENERAL AGGREGATE2,000,000
P CDUCTS-C 2,000,000
$
AUTOMOBILE LIABILITY
ANY AUTO
OWNED SCHEDULED
AUTOS ONLY ANUpTyOpBWN
AUKS ONLY AUTOS ONELDY
COMBINED SINGLE LIMIT
BODILY INJURY n
ODILY INJURY Para 1
OPER OE
UMBRELLA UAB
EXCESS LIA13
HOCCUR
CLAIMS -WOE
E69H OCCURRENCE
AGGREGATE
DED RETENTION$
WORKERS CpMPENSA190N
AND EMPLTA
OYERS' UASIUT/
ANY PREROPFFRETOMPXCLUDEEXECUTNE YI }
BER E
iA7and-M, NH) L—{
n QB, ECStlIF,8 Y3(4CC(
TION OFbelow
ERATIONS
N/A
PER OTN•
U
.I. EACH ACCIDE
E.L. DISEASE -EA EMPLOYE
DISEASE - POLICY LIMIT S
�a
DESCRIPTION OP OPERATIONS ILOCAMONSI VEMCLEE (ACORD IDI.AdtgU=PJ RWAUka Schodolq may W allochod it=M apaco Io Inqulmdi
30 days notice of cancellation.Cancellation excsption:10 days notice of
cancellation for non payment of premiums. Certificate holder Is listed as
additional insured.
Cr=RTiPiCATF Frnl nPR CANCELLATION
v City Santa Ana
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
of
Its Officers, Employees, , A ents
9
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
Volunteers, and Representatives
20 Civic Center Plaza
Santa Ana, CA 92701
AUTHORIZED REPRESENTATIVE
ACORD 26 (2016/03) 01988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
W
POLICY NUMBER: U19AC95620-02
COMMERCIAL GENERAL LIABILITY
CG 2010 07 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Persons)
Or Organization(s):
Locations Of Covered Operations
Any person or organization for whom you are performing
City of Santa Ana, Its Officers, Employees,
operations during the policy period when you and such
Agents, Volunteers, and Representatives
person or organization have agreed in writing in a contract
or agreement that such person or organization be added
as an additional Insured on your policy.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II — Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily Injury", "property
damage" or "personal and advertising injury"
caused, in whole or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for
the additional insured(s) at the location(s)
designated above.
B. With respect to the insurance afforded to these
additional insureds, the following additional
exclusions apply;
This insurance does not apply to "bodily injury" or
"property damage" occurring after.
1. All work, including materials, parts or
equipment furnished in connection with such
work, on the project (other than service,
maintenance or repairs) to be performed by or
on behalf of the additional insured(s) at the
location of the covered operations has been
completed; or
2. That portion of "your work" out of which the
injury or damage arises has been put to its
intended use by any person or organization
other than another contractor or subcontractor
engaged in performing operations for a
principal as a part of the same project.
CG 2010 07 04 0 ISO Properties, Inc., 2004 Page 1 of 1 ❑
POLICY NUMBER: U19AC95620-02
COMMERCIAL GENERAL LIABILITY
HCS 040 06 10 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PRIMARY AND NONCONTRIBUTORY AND BLANKET
WAIVER OF SUBROGATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
A. PRIMARY AND NON-CONTRIBUTORY TO
OTHER INSURANCE
With respect to any person or organization that is
an additional insured under this Coverage Part,
the following is added to paragraph 4. of
SECTION IV — COMMERCIAL GENERAL
LIABILITY CONDITIONS:
If you have 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 we
will not seek contribution from that other
insurance. For the purpose of this endorsement,
the additional insured's own insurance means
insurance on which the additional insured is a
Named Insured.
When this endorsement is attached to the policy it
supersedes all other insurance conditions within.
HCS 040 06 10 13
B. WAIVER OF SUBGROGRATION — BLANKET
Under SECTION IV — COMMERCIAL GENERAL
LIABILITY CONDITIONS, The Transfer Of
Rights Of Recovery Against Others To Us
Condition is amended by the addition of the
following:
We waive any right of recovery we may have
against any person or organization because of
payments we make for injury or damage arising
out of:
a. Your ongoing operations; or
b. "Your work" included in the "products -
completed operations hazard".
However, this waiver applies only when you have
agreed in writing to waive such rights of recovery
in a contract or agreement, and only if the contract
or agreement:
a. Is in effect or becomes effective during the
term of this policy; and
b. Was executed prior to loss.
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
Page 1 of 1
,Ag' MERCU
Policy Number. BA040000048078 INSURANE
Effective Date: 0812812018
New Declarations
BUSINESS AUTO DECLARATIONS
For resolving issues or other information you can contact your agent or Mercury using the below phone numbers:
Issued By:
Agent:
California Automobile Insurance Company
Auto Ins Specialists -CA
P.O. Box 10730
PO BOX 6507
Santa Ana, CA 92711-0730
ARTESIA, CA 90702
Billing: (888) 637-2176
Agent Number: 044034
Claims: (800J S03-3724
Agent Phone: (800) 493-7879
Named Insured: A & H REFRIGERATION INC
Mailing Address: 7111 Garden Grove Blvd, Ste 102
Garden Grove, CA 92841-4295
Polley Period: From 08/28/2018 to 08/29/2019 at 12:01 AM Standard Time at your mailing address
Business Contractor- Heating &Air
Business Category; Construction
Form of Business: Corporation
Total Policy Premium: $2,047.52
This policy may be subject to final audit. In return for the payment of the premium, and subject to all the terms of this policy,
we agree with you to provide the insurance as stated in this policy.
ATTACHED TO THIS POLICY
IL 00 17 1198 - Common Policy Conditions
IL 00 2109 09 - Nuclear Energy Liability Exclusion
IL 00 03 09 08 - Calculation of Premium
CA 00 0110 13 - Business Auto Coverage Form
CA 01 21 10 13 - Limited Mexico Coverage
CA 0143 05 17 - California Changes
IL 02 70 09 12 - California Changes - Cancellation and
CA 23 94 10 13 - Silica or Silica Related Dust Exclusion
IL N 1.19 1015 - California Auto Body Repair Consumer Bill of
MCA650CWI.215 - Transportation Network and Livery
MCANONFAC0516 -Permanently Attached Non -Factory
CA 2154 10 13 - California uninsured Motorists Coverage -
14-P
&J /P -'q tl
MCAI)S030817-CA Page 1 of 4 08/28/2018 12:01 AM PT
8
Policy Number:
Effective Date:
BA040000048078
08/28/2018
- 7916
Full
This policy provides only those coverages where a charge is shown in the premium column below. Each of these coverages
will apply only to those "autos" shown as covered "autos". "Autos" are shown as covered "autos" for a particular coverage
by the entry of one or more of the symbols from the Covered Autos Section of the Business Auto Coverage Form next to
the name of the coverage,
Coverages
Coverage
Limit
Premium
Symbol
The Most We Will Pay For Any One Accident Or Loss
Liability
7
$3,000,000 CSL
Medical Payments
Uninsured Motorists Bodily
7
$300,000 CSL
$194
Injury
Uninsured Motorists
Property Damage
Rejected
I
Actual Cash Value Or Cost Of Repair, W hichever Is Less,
Minus Deductible Shown In ITEM THREE For Each Covered
Comprehensive
7
Auto, But No Deductible Applies To Loss Caused By Fire
$100
Or Lightning. See ITEM FOUR For Hired Or Borrowed
Autos.
Actual Cash Value Or Cost Of Repair, Whichever Is Less,
Specified Causes of Loss
Minus Deductible Shown in ITEM THREE For Each Covered
Auto For Loss Caused By Mischief Or Vandalism. See ITEM
FOUR For Hired Or Borrowed Autos.
Actual Cash Value Or Cost Of Repair, Whichever Is Less,
Collision
7
Minus Deductible Shown in ITEM THREE For Each Covered
$210
Auto. See ITEM FOUR For Hired Or Borrowed Autos,
Premium For ITEM FOUR (Hired Auto Coverage)
Premium For ITEM FIVE (Non -Ownership Liability)
Premium For Endorsements
Miscellaneous Fees and Expense
California Consumer Services and Fraud Program Fees
$3,52
Total Policy Premium
$2,047.52
MCADS030817-CA
Page 2 of 4
Policy Number: BA040000048078
Effective Date: 08/2812018
ITEMT"REE, SCHEDULE OFC6VERE0AUTOS YOU OWN
Covered
Auto No, Description Body Type VIN
Garaging
Non -Factory Loss Payee
Egui ment Limit
City
Business
e
1 2008 FORD ECONOLINE E150 Full Size Van IFTNE141-38DBI12 0
Garden Grove
CA
92844
2 2011 FORD ECONOUNE E250 Full Size Van IFTNE2EWXBDA23510
Garden Grove
CIA
928444
. .... ......
$97
2
$1,000
$52
-- — --------
Covered Radius (in Miles)
Auto No.
Vehicle Use
Business Use *Stated Amount
Non -Factory Loss Payee
Egui ment Limit
I P to 100 Miles
Business
Service
$0
2 uptoii Mites
Business
Service
$0
$1,000
$48
2 $348
. .... ......
$97
2
$1,000
$52
"Stated Amount coverage lists your vehicle's actual. cash value, including the actual cas h value of any Nan-FaStory Equipment permanently
attached to the vehicle that you disclose to LIS, and is the most we will pay for a loss. Non -Factory Eqoiprosnt coverage is subject to a Sub -limit
shown on the Declarations. Be sure to check the Stated Amount and Non -Factory Equipment sub -limit at every renewal in order to receive the
best value from your Mercury Bus in ass Auto policy.
COVERAGES, PREMIUMS, LIMITS, AND DEDUCTIBLES
(Absence of a deductible or limit entry in any column below means that the limit or deductible entry in the corresponding ITEM
TWO column applies instead,)
Cover ed Liability Premium
Auto No.
Auto Medical
Payments
Premium
UM Bodily Injury
Premium
UM Property
Damage
Premium
Comprehensive
Deductible
Premium
1 $848
$07
Occurrence
$1,000
$48
2 $348
. .... ......
$97
2
$1,000
$52
-- — --------
. ........ . .......
....
Specified Causes Of Loss Collision
A
Auto Lean/Lease Gap Premum
i
Roadside Assistance--
Covered mm
CDW
Limit Per
Auto Na, Deductible Premium Deductible Premium
Premium
Premium
$1,104�00
Occurrence
1
. .... ......
2
$1,000
$120
-- — --------
Covered __
Rental Reimbursement
Maximum Payment
Auto No. Each Covered AutoPremium
A
Auto Lean/Lease Gap Premum
i
Audio, Visual, & Data Equipment
Total Vehicle
Premium
Limit
Premium
t.
$1,104�00
. .... ......
-- — --------
MCADS030817-CA Page 3 of 4
Policy Number: BA040000048078
Effective Date: 08128120'18
TOTAL PREMIUMS
.. .. ... ..
Liability
$1„896
Medical Payments
Premium
Uninsured Motorists Bodily Injury
$194
Uninsured Motorists Property Damage
Collision Deductible Waiver
Comprehensive
�— $180
Specified Causes of lass —�
is Less, Minus $500 Deductible
j Collision
$231
Roadside Assistance
R� ental Reimbursement
_- -
Loan/Lease Gap
Audio, Visual and Data Electronic Equipment
Cost of hire means the total amount you incur for the hire of "autos" you don't own (not including "autos" you borrow or rent
from your partners or "employees" or their family members).. Cost of hire does not include charges for services performed by
motor carriers of property or passengers.
Estimated
Annual
Cost Of Hire
Liability Coverage
Physical Damage Coverage
Total ITEM
FOUR
Premium
Premium
Limit Of Insurance
-'
Premium
Actual Cash Value Or Cast Of Repair,
_
L
is Less, Minus $500 Deductible
--Whichever
_- -
For—Each—Covered Auto.
Number Of Employees (including Volunteers)
Discounts
a Pay in Full -
a Multi -Line
Driver Information
_ Listed Drivers Excluded Drivers
MELEKE LAKAI - HOLLY LE
ANTHONY LE
MCADS030817-CA
Page 4 of 4
, r CERTIFICATE OF LIABILITY INSURANCE
Y)
D04/01/20
111.1
04/01/2019
9
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(les) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER
Contractors Best Insurance
20335 Ventura Blvd., Suite 426
Woodland Hills CA 91364-
CONTACT Shllo Lee LOSIno
PHONE (818)348-4900 FUNICAX .(866)309-9237
E-MAIL shilo.losino@contractorsbestins.com
INSURER(S) AFFORDING COVERAGE NAIC #
INSURER A:STATE COMPENSATION INS FUND 35076
INSURED
INSURER B
..INSURER C
A& H Refrigeration Inc.
INSURER D
7111 Garden Grove Blvd, Suite 102
Garden Grove CA 92841-
INSURER E
INSURER F
COVERAGES CERTIFICATE NUMBER: REVISION NIIMRFR-
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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
INSR
TYPE OF INSURANCE
ADDLSUBR
POLICY NUMBER
POLICY EFF
POLICY EXP
LIMITS
GENERAL LIABILITY
EACH OCCURRENCE
DAMAGE TO RENTED $
MED EXP (Any one arson
4CIOMMERCIAL GENERAL LIABILITY
CLAIMS -MADE F—I OCCUR
PERSONAL &ADV INJURY $
GENERAL AGGREGATE $
h'L AGGREGATE
POLICY
LIMIT APPLIES
PRO-
PER:
LOC
_
PRODUCTS-COMPIOPAGG $
$
AUTOMOBILE
LIABILITY
COMBINED SINGLE LIMIT
(Eeacc'dant
BODILY INJURY (Per person) $
ANYAUTO
ALL OWNEDSCHEDULED
AUTOS AUTOS
BODILY INJURYPident'$
(Per accident)
PROPERTY DAMAGE
NON -OWNED
HIRED AUTOS AUTOS
I$
UMBRELLA LIAB
OCCUR
EACH OCCURRENCE
EXCESS LIAB
CLAIMS -MADE
AGGREGATE $
DED RETENTIONS
A
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY YIN
ANY PROPRIETORIPARTNERIEXECUTIVE E
OFFICERIMEMBER EXCLUDED?
(Mandatary In NH)
NIA
X
9025320-2018
,
09/24/2018
09/24/2019
%tWC STATU- OTRH-.
E.L.EACH ACCIDENT '$ 1,000,000
E.L. DISEASE - EA EMPLOYEE $ 1,000,000
f yes, cribe under
0 desd' OFOP RATIONS below
E.L. DISEASE -POLICY LIMIT 1,000,000
DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required)
*10 Days Cancellation for Non-payment; 30 Days All Other Iq / /1
0 '7
CERTIFICATE HOLDER CANCELLATION A[002625
,"City of Santa Ana
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
It's Officers, Employees, A ents
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
9
ACCORDANCE WITH THE POLICY PROVISIONS.
Volunteers and Representatives
20 CIVIC Center Plaza
AUTHORIZED REPRESENTATIVE
Santa Ana CA 92701-
✓y/"�!,
@ 1988.2010 ACORD CORPORATION. All rights reserved.
ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD
Bond Number: CMGP0002060
Premium: $3,883.00
='-AIA Document A312 TM .2010
Performance Bond
CONTRACTOR:
SURETY: Argonaut Insurance Company
Company:
(Name, legal status and address)
clo CMGIA
A & _
A & H REFRIGERATION, INC.
20338 Ventura Blvd., Ste. 426
Signaure:q�,��-
9661 Ingram Ave
Woodland Hills, CA 91364
This document has important legal
Garden Grove, CA 92844
Name
consequences. Consultation with
OWNER:
and Title:
an attorney Is encouraged with
ures appear on the last
page afthis
respect to Its completion or
(Name, legal status and address)
modification.
City of Santa Ana
to
referencen
60 Civic Center Plaza, M-96
ContAny tractor,singula
Surety, neror
Santa Ana, CA 92701
co
other party shall be considered
other p rty
CONSTRUCTION CONTRACT
plural where applicable.
Date:
AIA Document A312-2010
combines two separate bonds, a
$126,760.00
Amount:
Performance Bond and a
ONE HUNDRED TWENTY EIGHT THOUSAND SEVEN HUNDRED FIFTY
payment Bond, Into one form,
Description: AND 00{100
This Is not a single combined
(Name and location)
Performance and Payment Bond.
Evidence Refrigerator/Freezer Unit
Replacement, RFP No. 18.086
BOND
Date: 3114/2019
(Not earlier than Construction Contract Date)
Amount: $128,760,00
ONE HUNDRED TWENTY EIGHT THOUSAND SEVEN HUNDRED FIFTY AND 001100
Modifications to this Bond: ® None ❑ See Section 16
CONTRACTOR AS PRINCIPAL
SURETY
Company:
(Corporate Seal)
Company:
A & _
RIGERA{T�ID�N, INC
' `--
Argonaut
Signaure:q�,��-
W'�
Signature:
Name
\lo1-t-`f
Name
and Title:
(I-
and Title:
(Any adthtionafsigna
ures appear on the last
page afthis
(FOR {NFORMA NON ONLY— Name, address and telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE:
Ion. AIA Document A31210-2010. The American lnsthuteofAminitects. Thisdoaumentwas created an p2r26001211:24:44 under the terms of
AIA Documents -on -Demand- Order no. MU06921 , and 19 net Por resale, This document is licensed by The Amnesia Institute of Archaect9 for 1
onetime use only, and may not be reproduoed prior to its completion. .1010
§ 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, "centers, administrators, successors
and assigns to the Owner for the performance of the Construction Contract, whichis incorporated herein by reference.
§ 2 I the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under
this Bond, except when applicable to participate in a conference as provided in Section 3.
§ 3 If there is no Owner Default under the Construction Contract,. the Surety's obligation under this Bond shall arise
after
.1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring
a Contractor Default. Such notice shallindicate whether the Owner is requesting a conference among
the Owner, Contractor and Surety to discuss the Contractor's performance. If the Owner does not
request a conference, the Surety may, within five (5) business days after receipt of the Owner's notice,
request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless
the Owner agrees otherwise, any conference requested under this Section 3.1 shall be held within ten
(10) business days of the. Surety's receipt of the Owner's notice. If the Owner, the Contractor and. the
Surety agree, the Contractor shall be alloyed a reasonable time to perform the Construction Contract,
but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor
Default;
2 the Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety;
and
.3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the
Construction Contract to the Surety or to a contractor selected to perform the Construction Contract.
§ 4 Failure on the part of the Owner to comply with the notice requirement in Section 3A shall not constitute a failure
to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to
the extent the Surety demonstrates actual prejudice.
§ 5 When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense
take one of the following actions:
§ 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract;
§ 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent
contractors;
§ 5.3 Obtain bids or negotiatedproposals from qualified contractors acceptable to the Owner for a contract for
performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the
Owner and a contractor selected with the Owner's concurrence, to be secured with performance and payment bonds
executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the
amount of damages as described in Section 7 in excess of the Balance of the Contract price incurred by the Owner as
a result of the Contractor Default; or
§ 5.4 Waive its right to perform and complete, arrange for completion, or obtain a now contractor and with reasonable
promptness under the circumstances:
.1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as
practicable after the amount is determined, make payment to the Owner; or
.2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial.
§ 6 If the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to
be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety
demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any
remedy available to the Owner. If the Surety proceeds as provided. in Section 5.4, and the Owner refuses the payment
or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any
remedy available to the Owner.
Inst. AIA Doeuewnt A3121e-2010. The American lnattute of Archaean. This document was aeated on OV2812012 IVM:44 under the terms of
AIA Documents-anDemsndu- order no. 2008408028, and is not for reals. This document Is Ilmnsed by The American Institute of Archiects for 2
onedlma use only, and may not be haproduoed priar to its completion.
§ 7 If the Surety elects to act under Section 5. 1, 5.2 or 5.3, then the responsibilities of the Surety to the Owner shall not
be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the
Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the
Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication, for
.1 the responsibilities of the Contractor for correction of defective work and completion of the
Construction Contract;
.2 additional legal, design professional and delay costs resulting from the Contractor's Default, and
resulting from the actions or failure to act of the Surety under Section 5; and
.3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual
damages caused by delayed performance or non-performance of the Contractor.
§ 8 If the Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited to the amount of this Bond..
§ 9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the
Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such
unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its
heirs, executors, administrators, successors and assigns.
§ 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to
related subcontracts, purchaseorders and other obligations.
§ 11 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in
the location in which the work or part of the work is located and shall be instituted within two years after a declaration
of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety
refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph
are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of
the suit shall be applicable.
§ 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shownon the page
on which their signature appears.
§ 13 When this Bond has been furnished to comply with a statutory or other legalrequirement in the location where
the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement
shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be
deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and
not as a common law bond.
§ 14 Definitions
§ 14.1 Balance of the Contract Price. The total amount payable by the (honer to the Contractor under the Construction
Contractafter all proper adjustments have been made, including allowance to the Contractor of any amounts received
or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is
entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction
Contract.
§ 14.2 Construction Contract. The agreement between the Owner and Contractor identified on the cover page,
including all Contract Documents and changes made to the agreement and the Contract Documents.
§ 14.3 Contractor Default. Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to
comply with a material term of the Construction Contract.
§ 14.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required
under the Construction Contract or to perform and complete or comply with the other material terms of the
Construction Contract.
§ 14.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor.
§ 15 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond
shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor.
ALA nocumont A312TM-2010. The American lns@ute of Architects. This document Was created on 02@81201211:24:44 under the fence of
AIA pocumerds-orveemendr" order no. 2008408023, and Is not for resale. This doeument is licensed by The American Institute of Architects for 3
one41me use only, and may not be reproduced prior to Its completion.
§ 16 Modifications to this bond are as follows:
(Space is provided below Jar adatlional signatures of arhied parties, other than those appear-Ing
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: j
A & H REFRIGERATION, INC. ,�/7• Argonaut Insuranc C pa'
Signature: zt'W�, Y"-- Signature:
Name and Title:y�u.Lri I,, Nameand Title: Ga iell rad
Address: C\t' Address: 20335 tura Iv
'7(11 6-Al2-Qfrr Gov0 LvD woodl dHill ,
AIA Document A3121°-2010. The American inose ofArchttects. This dwumentwas created on oia=01211'"
Inst. AIA Documents-on-oemand- order no. 3009406922 , and is not for resale. This document is licensed by The Amerlcer
on"nea use only, and my not be reproduced prior to no completion.
U
Me cover page.)
.; Stti. 426
91364
Seal)
9t@re,fermsof._
iteclstor L4
Bund No.: CMGP0002050 Argonaut Insurance Company a•:
Deliveries Only: 225 W. Washington, 24th Floor
Chicago, IL 60606
United States Postal Service: P.O. Box 469011, San Antonio, TX 78246
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the Argonaut Insurance Company, a Corporation duly organized and existingundcrthe Imus ofthe State
of Illinois and having its principal office in the County of Cook, Illinois does hereby nominate, constitute and appoint: w •#;',iyTaft,
,f
zcc.ts`
Their true and lawful agents) and attornay(s)-in-fact, each in their separate capacity ifmore than one is nomed abgv hto pp??aKe dkeeute, seal and deliver for
and on Its behalf as surety, and as Its act and deed any and all bonds, contmets, agreements of indemnity rand othai uI akin a nn suretyship provided,
however, that the penal m ofany one such instrument executed hereunder shall not exceed the sum of 4,r�ss
su
$13.000,000.00
This Power of Attorney Is granted and is signed and sealed under and by the authority ofthe follow J�rg Resg It t 'adopted by the Board ot'Dimctors of
Argonaut Insurance Company:11
'€„
"RESOLVED, That the President, Senior Vice President, Vice President, Assistant Vice Pregidayt Seuminry, Treasurer and each of them hereby is
authorized to execute powers of attorney, and such authority can be executed by use of faisi lie s0amie, which may In attested or acknowledged by any
officer or attorney, of the Company, qualifying the attorney or attorneys named in the gIv'* grofattorney, to execute in behalf of, and acknowledge as
the act and deed of the Argonaut Insurance Company, all brand undertakings and cbpus
u+on".., suretyship, and to affix the corporate seal thereto."
;.
IN WITNESS WHEREOF, Argonaut Insurance Company has caused its officl'(%Wtvto be hereunto affixed and these presents to be signed by its duly
authorized officer on the 81h day of May, 2017. ,
STATEOFTEXAS
COUNTY OF HARRIS SS:
/`,�ooroxtraCFp
tSEAL tr2' 9=
:;.
rias
T, by:
�•.QtINA:" Y,..
Argonaut insurance Company
Joshua C. Betz , Senior Vice President
On this 8th day of May, 2017 A D befoic me, kNomry Public of the State of Texas, in and for the County of Barris, duly commissioned and qualified.
came THE ABOVE OFFICER OF'�fFI nCQ'M1 NY, to me personally known to be the individual and officer described in, and who executed the
k
preceding instrument, and fie At �h�awiddged the execution of same, and being by nie duly sworn, deposed and said that he is the officer of the said
Company aforesaid, and that the sea yaffixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and his
signature as officer ware tiuly ffixud and subscribed to the said instrument by the authority and direction of the said corporation, and that Resolution
adopted by the Board o , hemors ofsaid Company, referred to In the preceding instrument is now in force.
IN TESTIMONY". WHEREOF, 1 have hereunto set my hand, and affixed my Official Seat at the County of Barris, theday and year first above written
'-ir'� n/rNar« ae ee,t
y r r.1v vY�U
,ka lhWa`iY-i"rrLaA.to
(Notary Public)
1, the undersigned Officer of the Argonaut Insurance Company, Illinois Corporation, do hereby certify that the original POWER OF ATTORNEY of which
the foregoing is full, true and correct copy is still in full force and effect and has not been revoked.
IN WITNESS WHEREOF, I have hereunto set my hand, and affixed the Seal of said Company, on the 14th day of MOreh , 2019
s
t3;ts5URANC
x. ti . asenx S Ca; .
James Bluzad , Vice President -Surety
THIS DOCUMENT IS NOT VALID UNLESS THE WORDS ARGO POWER UP ATTORNEY ARE IN BLUE. IF YOU HAVE QUESTIONS
ON AUTHENTICITY OF THIS DOCUMENT CALL (210) 321 -8400.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the Individual who signed the
document to which this certificate Is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of LOS ANGELES
On HAR 14 2019 __ before me, SHIRLEY GIGGLES, NOTARY PUBLIC
Date Here Insert Name and Title of the Officer
personally appeared GABRIELLA GRADY
Name(s) of Signers)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name($) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
6 RICY Y GI GLE9
Notafy Public . California
a r= I.os Angeles County
z Commission # 2163817
'"" ,� M comm, txPuas sap P. ev=v
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Signatur
tura of Notary Public
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: _ Document Date:
Number of Pages: Signer(s) Other Than Named Above:
Capacity(lies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney In Fact
❑ Trustee ❑ Guardian or Conservator
El Other:
Signer Is Representing:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
02014 National Notary Association • www,NationaiNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907