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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 Page 3 of 8 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 ou, VOFANNY SERVICE x�ANAGE TITLE 1212112018 /\NTHONYL��/\NHREFR\GERAT|ON.00k� 8WlpNN DAGENT DATE E-MAIL ADDRESS 58^8609484~~~_ C056992 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: •„ AD ILea; Gold River, CA 95670 Sean Telford _ •'""" s AFFORDING COVERAGE INSURER ' U.S Specialty Insurance Co _ DAMAGE TO RENTED _- 100,000 1Eawrurren4gf„ INSURED A& H Refrigeration, Inc. INSURER : PERSONAL B AQV INJURY S 1,000,000 geyLe 95�1vSo mAve Gardsn' rova: CA 92844 INSURERO INSURE D • ...�. SiSU EE: 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