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HomeMy WebLinkAbout2004-2471 2 3 4 5 6 7 8 9 10 11 12 13 15 16 17 18 19 21 24 25 26 27 28 RESOLUTION NO. 2004-247 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A CONTRACT WITH AND ISSUANCE OF A PURCHASE ORDER TO INDUSTRIAL AIR INNOVATIONS, INC. FOR THE REPLACEMENT OF TWO COOLING TOWERS AT CAROUSEL MALL IN THE CITY OF SAN BERNARDINO. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Industrial Air Innovations, Inc. is the lowest responsive bidder for the replacement of two cooling towers at Carousel Mall in the City of San Bernardino. A contract is awarded accordingly to said Contractor in a total amount of $83,644.00, with a contingency amount of $8,356.00. Such award shall be effective only upon said contract being fully executed by both parties. The Mayor is hereby authorized and directed to execute said contract on behalf of the City; a copy of the contract is attached hereto as Exhibit A and incorporated herein. The Purchasing Manager is hereby authorized and directed to issue a Purchase Order which references this resolution to said Contractor in the amount of $83,644.00. SECTION 2. Any amendment or modification thereto shall not take effect or become operative until fully signed and executed by the parties and no party shall be obligated hereunder until the time of such full execution. No oral agreements, amendments, modifications or waivers are intended or authorized and shall not be implied from any act or course of conduct of any party. This resolution is rescinded if the parties to the contract fail to execute it within sixty (60) days of the passage of this resolution. 2004-247 1 2 3 4 5 6 7 8 9 14 15 16 17 18 21 23 24 25 26 27 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A CONTRACT WITH AND ISSUANCE OF A PURCHASE ORDER TO INDUSTRIAL AIR INNOVATIONS, INC. FOR THE REPLACEMENT OF TWO COOLING TOWERS AT CAROUSEL MALL IN THE CITY OF SAN BERNARDINO. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a j t . regular meeting thereof, held on the 2nd day of August , 2004, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA x LONGVILLE x MCGINNIS x DERRY x KELLEY x JOHNSON x NmcCAMMAC:K x Ra hel G. Clark, City Clerk The foregoing resolution is hereby approved this,,,( day of August 2004. Approved as to form and legal content: F. Penman, City Attorney �10L ` Susan Longville, Mayor Pro Tern City of San Bernardino 2004-247 Exhibit "A" AGREEMENT FOR SERVICES This AGREEMENT is made and entered into this 2nd of August 2004, by and between the CITY OF SAN BERNARDINO, California, a municipal corporation, hereinafter referred to as the "CITY" and Industrial Air Innovations, Inc., hereinafter referred to as "CONTRACTOR". WITNESSETH WHEREAS, City desires to engage a mechanical contractor for the replacement of two cooling towers at Carousel Mall in the City of San Bernardino, California; and WHEREAS, Contractor is a licensed mechanical contractor qualified to provide said services; and WHEREAS, San Bernardino City Council has elected to engage the services of Contractor upon the terms and conditions as hereinafter set forth; and NOW, THEREFORE, it is mutually agreed, as follows: 1. SCOPE OF SERVICES Contractor shall perform those services specified in the attached quotation, dated June 23, 2004, and proposed costs, a copy of which is attached hereto as Exhibit "1", and all of which are incorporated herein as though set forth in full. 2. TERM OF AGREEMENT Contractor shall commence within five (5) days after the City has authorized work to start by issuance of a Notice to Proceed. 3. STANDARD OF PERFORMANCE Contractor shall complete all work in conformance with Federal, State, and local regulations and industry standards. 4. CHANGES/EXTRA SERVICES A. Performance of the work specified in the attached quotation are made an obligation of Contractor under this Agreement, subject to any changes made subsequently upon mutual agreement of the parties. All such changes shall be considered as additional tasks and shall be incorporated by written amendments to this Agreement and include any increase or decrease in the amount of compensation due Contractor for the change in scope. Any change, which has not been so incorporated, shall not be binding on either party. B. Contractor shall render no extra services under this Agreement unless City authorizes such extra services in writing prior to performance of such work. Authorized extra services shall be invoiced based on the authorized additional task amounts. 5. COMPENSATION 2004-247 Exhibit "A" A. Upon satisfactory completion of the work, the Contractor will be paid time and material not to exceed $83,644.00 in arrears, for all work and services performed under this contract and upon receipt of itemized invoices, submitted in triplicate to the contract manager. The invoice amount will be based on the actual work performed by task. Contractor will submit an invoice to the City upon completion of each building or at the completion of the project. B. Said compensation shall not be altered unless there is significant alteration in the scope, complexity or character of the work to be performed. City and Contractor shall agree upon any such significant alteration in writing before commencement of performance of such significant alteration by Contractor. Any adjustment of the total cost of services will only be permitted when the Contractor establishes and City has agreed in writing that there has been, or is to be, a significant change in: 1. Scope, complexity, or character of the services to be performed; 2. Conditions under which the work is required to be performed; and 3. Duration of work if the change from the time period specified in the Agreement for completion of the work warrants such adjustment. C. The Contractor is required to comply with all Federal, State and local laws and ordinances applicable to the work. The Contractor is required to comply with prevailing wage rates in accordance with California Labor Code Section 1770. 6. PAYMENT BY CITY A. The billings for all services rendered pursuant to this Agreement shall be submitted by Contractor to City and shall be paid by City within twenty (20) days after receipt of same, excepting any amounts disputed by City. Dispute over any invoiced amount shall be noticed to the Contractor within ten (10) days of billing and a meet and confer meeting for purposes of resolution of such dispute shall be initiated by the City within (10) days of notice of such dispute. All tasks as specified in Exhibit "1" shall be completed prior to final payment. B. No payment will be made for any work performed prior to approval of this contract by City and Notification to Proceed. SUPERVISION AND ACCEPTANCE OF SERVICES A. The Director of Facilities Management of City, or his designee, shall have the right of general supervision over all work performed by Contractor and shall be City's agent with respect to obtaining Contractor's compliance hereunder. No payment for any services 2004-247 Exhibit "A" rendered under this Agreement shall be made without prior approval of the Director of Facilities Management or his designee. 8. COMPLIANCE WITH CIVIL RIGHTS LAWS Contractor hereby certifies that it will not discriminate against any employee or applicant for employment because of race, color, religion, sex, marital status, age, handicap or national origin. Contractor shall comply with all State and Federal Civil Rights Laws in its hiring practices and employee policies. Such action shall include, but not be limited to, the following: recruitment and recruitment advertising, employment, upgrading, and promotion. 9. TERMINATION OF AGREEMENT A. This Agreement may be terminated by either party upon thirty (30) days' written notice in the event of substantial failure of the other party to perform in accordance with the terms of this Agreement. Each party shall have twenty (20) days following the date of such notice within which to correct the substantial failure, giving rise to such notice. In the event of termination of this Agreement, City shall within thirty (30) days pay Contractor for all the fees, charges and services performed to City's satisfaction by Contractor, which finding of satisfaction shall not be unreasonably withheld. Contractor hereby covenants and agrees that upon termination of this Agreement for any reason, Contractor will preserve and make immediately available to the City, or its designated representatives, maps, notes, correspondence, or records related to work paid for by the City and required for its timely completion, and to fully cooperate with City so that the work to be accomplished under this Agreement may continue within forty-five (45) days of termination. Any subsequent use of such incomplete documents, other than their originally intended use, shall be at the sole risk of the City, and the City agrees to hold harmless and indemnify Contractor from any claims, losses, costs, including attorney's fees and liability arising out of such use. Contractor shall be compensated for such services in accordance with Exhibit "1". B. This Agreement may be terminated for the convenience of the City upon thirty (30) days written notice to Contractor. Upon such notice, Contractor shall provide work product to City, and City shall compensate Contractor in the manner set forth above. C. Following the effective date of termination of this Agreement pursuant to this section, the Agreement shall continue until all obligations arising from such termination are satisfied. 10. CONTINGENCIES In the event that, due to causes beyond the control of and without the fault or negligence of Contractor, Contractor fails to meet any of its obligations under this Agreement, and such failure shall not constitute a default in performance, the City may grant to Contractor such extensions of time and make other arrangements or additions, excepting any increase in payment, as may be reasonable under the circumstances. Increases in payment shall be made only under the "changes" provision of this Agreement. Contractor shall notify City within three (3) days in 3 2004-247 Exhibit "A" 11. 12. writing when it becomes aware of any event or circumstances for which it claims or may claim an extension. Contractor shall act as an independent contractor and shall not be considered an employee of the City in the performance of the services provided for under this Agreement. Contractor shall furnish such services in its own manner. This Agreement is not intended and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture, or association between Contractor and the City. ASSIGNMENT OR SUBCONTRACTING Contractor shall not assign this Agreement, or any portion thereof without the written consent of City. Any attempt by Contractor to assign or subcontract any performance of this Agreement without the written consent of the City shall be null and void and shall constitute a breach of this Agreement. All subcontracts exceeding $10,000 shall contain all provisions of this contract. 13. NOTICES All official notices relative to this Agreement shall be in writing and addressed to the following representatives of Contractor and City: CONTRACTOR Jim Carter Industrial Air Innovations, Inc. 323 South Sierra Way San Bernardino, CA 92412 14. RESPONSIBILITIES OF PARTIES CITY Jim Sharer Director of Facilities Management 300 N. "D" Street San Bernardino, CA 92418 A. The Contractor may reasonably rely upon the accuracy of data provided by the City or its agents. B. Upon completion of all work under this contract, ownership and title to all reports, documents, plans, specifications, and estimates produced as part of this contract will automatically be vested in the City and no further agreement will be necessary to transfer ownership to the City. C. For the purpose of determining compliance with Public Contract Code Section 10115, et. seq. and Title 21, California Code of Regulations, Chapter 21, Section 2500 et. seq., when applicable, and other matters connected with the performance of the contract pursuant to Government Code Section 8546.7, the Contractor, subconsultant, and the City shall maintain all the books, documents, papers, accounting records, and other evidence pertaining to the performance of the contract, including but not limited to, the costs of administering the contract. 4 2004-247 Exhibit "A" All parties shall make such materials available at their respective offices at all reasonable times during the contract period and for three years from the date of final payment under the contract. The State, the State Auditor, or any duly authorized representative of the Federal government having jurisdiction under Federal laws or regulations (including the basis of Federal funding in whole or in part) shall have access to any books, records, and documents of the Contractor that are pertinent to the contract for audits, examinations, excerpts, and transactions, and copies thereof shall be furnished if requested. 15. HOLD HARMLESS CLAUSE A. Contractor shall indemnify, defend and hold free and harmless the City, its officers, and its employees from all claims, damages, costs, expenses, and liability, including, but not limited to attorney's fees, imposed upon them for any alleged infringement of patent rights or copyrights of any person or persons in consequence of the use by City, its officers, employees, agents, and other duly authorized representatives, of programs or processes supplied to City by Contractor under this Agreement. B. The prevailing party in any legal action to enforce or interpret any provision of this Agreement will be entitled to recover from the losing party all reasonable attorneys' fees, court costs, and necessary disbursements in connection with that action. The costs, salary, and expense of the City Attorney and members of his office, in connection with that action shall be considered as attorneys' fees for the purposes of this Agreement. 16. INDEMNITY Contractor shall indemnify, defend and hold harmless City from and against any and all claims, demands, suits, actions, proceedings, judgments, losses, damages, injuries, penalties, costs, expenses (including reasonable attorney's fees), and liabilities, of, by, or with respect to third parties, which arise from Contractor's negligent performance of services under this Agreement. Contractor shall not be responsible for, and City shall indemnify, defend, and hold harmless Contractor from and against, any and all claims, demands, suits, actions, proceedings, judgments, losses, damages, injuries, penalties, costs, expenses (including reasonable attorney's fees) and liabilities of, by or with respect to third parties, which arise from the City's negligent performance under this Agreement. With respect to any and all claims, demands, suits, actions, proceedings, judgments, losses, damages, injuries, penalties, costs, expenses (including reasonable attorney's fees) and liabilities of, by or with respect to third parties, which arise from the joint or concurrent negligence of Contractor and City, each party shall assume responsibility in proportion to the degree of its respective fault. 17. LIABILITY/INSURANCE Contractor shall maintain insurance policies meeting the minimum requirements set forth herein. All insurance maintained by the Contractor shall be provided by insurers satisfactory to the City. Certificates evidencing all insurance coverage required herein shall be delivered to the City prior to the Contractor performing any of the services under this Agreement. All insurance certificates required herein shall name the City as an additional insured and provide for thirty-(30) days written 5 2004-247 Exhibit "A" notice from the insurer to the City prior to any change or cancellation of any insurance policy of the Contractor. A. Comprehensive General Liability and Automobile Insurance. The Contractor shall maintain comprehensive general liability and automobile liability insurance with a combined single limit of not less than One Million Dollars ($1,000,000.00) per occurrence. B. Worker's Compensation Insurance. The Contractor shall maintain worker's compensation insurance in accordance with the laws of the State of California for all workers employed by the Contractor. 18. VALIDITY Should any provision herein be found or deemed to be invalid, this Agreement shall be construed as not containing such provision, and all other provisions which are otherwise lawful shall remain in full force and affect, and to this end the provisions of this Agreement are declared to be severable. 19 ENTIRE AGREEMENT This Agreement represents the entire and integrated agreement between the parties hereto and supersedes all prior and contemporaneous negotiations, representations, understandings, and agreements, whether written or oral, with respect to the subject matter thereof. This Agreement may be amended only by written instrument signed by both parties. IUI 1H 2004-247 Exhibit "A" AGREEMENT FOR Services with Industrial Air Innovations, Inc. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the date written above by their duly authorized officers on their behalf. ATTEST: BY: 2,,,4u /b. Q,&k, Raeftel Clark, City Clerk City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN City Attorney I: CITY OF SAN BERNARDINO BY: , Susan Longville, Mayor Pro Tern City of San Bernardino Industrial Air Innovations, Inc. TITLE: President W 2004-247 ---__�\ EXHIBIT 1 IAI Industrial Air Innovations Mechanical Contractors HVAC • Retrofit • Central Plant • Chillers • Boilers • Energy Controls • Design Build • Refrigeration June 23, 2004 City of San Bernardino 300 North D Street San Bernardino, Ca. 92418 Attn: Rick Moreno, Facilities Subj: Carousel Mall Ref: Evap Condenser Change Outs Dear Sir: Thank you for an opportunity to serve you. Upon our most recent survey this past month and reviewing the scope to change out the east and west Baltimore Air Coil evap condenser -towers; our proposal description is as follows: (A) Remove and replace with new, two (2) Evapco Model LSCB-155 forced draft counter flow evaporative condensers, nominal 150 tons at 40 degree suction and 105 degree condensing with a entering wet bulb temperature. (B) Pump down existing Carrier 30HXA186 chillers and store/salvage existing refrigerant. (C) Utilize Bragg Crane to remove and rig in place, new evap condenser -towers. (D) New galvanized iron platform covers complete with I-beam supports. (E) Extend water lines to new external floats. (F) Extend refrigeration piping and electrical to new points of connection. (G) Includes start-up and test of new equipment and (e)xisting chillers. (H) (1) one-year warranty and labor guarantee on new work tasks. (I) Delivery is 6 to 8 weeks. (J) Pricing is good for thirty days and can be protected thru October 2004 if ordered within 30 days. Price including tax is $76,740.00 Add: Seismic rail isolation; by M.W. Sausse $6,904.00. Add: Bond @ 1 %%. Very truly yours, James S. Carter Vice President 323 S. SIERRA WAY • PO. BOX 5302 • SAN BERNARDINO, CA 92412-5302 (909) 884-6276 • FAX (909) 889-6936 LIC. # 405281 2004-247 Qv co Jim Carter Industrial Air Innovations 323 S. Sierra Way PO Box 5302 San Bernardino, CA, 91412 Phone, (909) 884.6276 Fax: (909) 889�936 Project: Carousel Mall Location: Gentlemen: Thank you for requesting a quotation for EVAPCO equipment We are pleased to submit our offer as follows- (2) EVAPCO Model LSCB 155 forced draft counterflow evaporative condensers, each unit having the condensing capacity of 150 Tons with R22 at 40°F suction, 105°F condensing and 78OF entering wet bulb temperature. Technical Data for each unit. # Fan Motors (HP): # Pump Motors (HP), Air Flow (CFM): Spray Water Flow (gpm): Evaporated Water Rate (gpm): Operating Weight (lbs): Shipping Weight (lbs)- Accessories included with offer: Copper sweat fittings Total Net Price including accessories: excluding tax, including freight (1) 10..00 (1) 1.50 23 300 245 3.6 8,410 6,500 FOB factory with full freight allowed to Los Angeles Area,CA. Shipment: 6-8 weeks after receipt of purchase order and release for fabrication. Quotation is Valid for purchase within 30 days and shipment within eight months from date of this quotation. Terms of payment Net 30 Days All purchase orders must be addressed to EVAPCO, Inc. Go the undersigned. JU[l-z4- CLU4 J14Jf'NI Vr;'!t,?_ JfJ'2004-247 No•3'b4 P. 2 Evaporative Condenser Data Sheet Jim Carter Industrial Air Innovations (909) 884-6276 Fax: (909) 889-6936 Project: Carousel Mall Location: Product Type: LSCB Evaporative Condenser Selection Criteria Mark Comstock Vertical Systems 1508 Cotner Avenue Los Angeles, CA, 90025, U S A. (310) 451-0630 Fax: (310) 458-1036 Date: 06/22/04 Page: 1 Capacity (Tons)' 30000 Refrigerant: R22 Condensing Temp (Fg 105.0 Suction Temp (F) 400 Wet Bulb (F): 78.0 Selection LSCS Capacity Percent Qty Model (Tons) Capacity 2 155 155 103.3 All Weights, Dimensions and Technical Data are Shown per Unit # Fans: 4 # Fan Motors Q HP: (1) Q 10 00(460/3/60) Overall Length 11' 11.75" # Pump Motors @ HP, (1) Qa 150 Overall Width : 4' 0.63" Overall Height - 8' 7.00' Air Flow (CFM): 23,300 Spray Water Flow (gpm): 245 Operating Weight (Ibsy 8,410 Shipping Weight (lbs): 6,500 Evaporated Water Rate (gpm): 36 Heaviest Section (lbs)- 4,750 Recommended Bleed Rate (gpm), 36 Options Selected Copper sweat fittings Sound Data (Sound Pressure Level) Conn End Fan Side Opp End Back Top S P L dB(A) at 5' 73 78 73 73 77 S.P.L. dB(A) at 50' 59 62 59 58 61 Note 1: Sound Data shown is for 1 cell operating at full speed Note 2: The use of frequency inverters (Variable Frequency Drives) can increase sound levels. Note 3, Sound options) selected None zoc.a> «we arcx x,z \— z 2 2 2! P. ! \ 27;7) ƒ&)(\ &4a«aP A»22z« )§/)§% �\)\\\\ jo ) § s ■. § ■ a ��� !!)2 Q � ■. �)|� ƒ££ } ; � \w• E _ A b k \ � u@ j ) /\ 2/ � 2 ��i�•cc L V V r V -Y'rni vrnii1,nL 0[02 -247 Nc-JIb4 P. 3 Evaporative Condenser Data Sheet Page- 2 Layout Criteria Recommended Clearances Around Units (Feet) Elevation 0 Distance From Wall to Unit With Air Inlet Facing Wall: 5 Distance Between Units Wnh Air Inlets Facing Each Other. 10 Refer to the Equipment Layout Manual or contact your Sales Representative for more details on layout criteria. Shipping Data Description Domestic Skidded Dimensions (inTotal ) Cubic Feet Cubic Feet Gross Wt (Ibs) Total Gross Section Length Width Height Basin: Casing- 1 163 50 48 226 226 1 161 1,760 Wt (Iba) 1,750 45 64 268 268 4,750 4,750 Totals 2 494 495 6.500 6,500 Shipping Notes: Can ship as (1) piece 2004-247 M.W. 5AU55E' & CO., INC. 25590 Avenue Stanford Valencia, Ca. 91355-1199 Phone:661-257-3311 llawrom@mwcaurse.com FAX:661-257-7673 Quotation To: Industrial Air Innovations Date: June 22, 2004 Fax No.: 909-68946936 No. Pages Including Transmittal Sheet:l Attn: Jim Carter From: Lisa Lawson Subject: Carousel Mall — City of San Bernardino 2 only DAC Towers 'RML5-58-EQ" structural steel full perimeter support frame with 2' deflection spring earthquake isolators. 'Nate: 1) Above price Is net and F.0.13. factory Valenela, with fr t allowed to the jolseu. Lisa Lawson, Inside Sales Manager I I ACORD CERTIFICATE OF LIABILITY INSURANCE OP ID L DATE (MMIDDM , INACO-1 4 OB/16 04 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Austin Cooper 6 Price ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Ins Agency Inc (Lic-0546677) HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P O Box 3280 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. San Bernardino CA 92413-3280 1 Phone:909-886-9861 Fax:909-886-2013 INSURERS AFFORDING COVERAGE NAIC# INSURED Inland Acoustics Inc, Industrial Air Innovations dba INSURER A. NIC Insurance Compan /PTN Inland Interior Contractingdba INSURER B: Netherlands Ins Co/GOE Clements Heating & Air Conditioning Service DBA IINSURER c: Peerless Ins Co/GOE P O Box 5302 San Bernardino CA 92412 INSURER D. Mt Hawley Ins Co/PTN K.ria:i_1191*-y THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM/DOIYY POLICY EXPIRATION DATE MMIDD/YY LIMITS LIABILITY li EACH OCCURRENCE $ 1,000,000 A X $GENERAL MMERCIAL GENERAL LIABILITY CLAIMS MADELK OCCUR GS308784 11/27/03 11/27/04 NILU PREMISESOEaoccurence S50,000 MED EXP(Any one person) $5,000 PERSOrvALflADVINJURY S1,000,000 U INC/BFPD PER JOB AGG INCL X Contractual Liab GENERAL AGGREGATE $2,000,000 DED $2,500 PD PER CCC GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG $2,000,000 POLICY X PRO LOC JECT B AUTOMOBILE LIABILITY ANY AUTO BA9797334 11/27/03 11/27/04 (Ea accident) COMBident) LE LIMIT $1r 000r 000 X BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHERTHAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG EXCESSIUM13RELL.A LIABILITY EACH OCCURRENCE $6,000,000 D X OCCUR �CLAIMSMADE NXL0360064 11/27/03 11/27/04 AGGREGATE $6,000,000 $ $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNEWEXECUTIVE OFFICER/MEMBER EXCLUDED' A yes, Runder TORV LIAUS ER . E.LEACH ACCIDENT $ EL. DISEASE -EA EMPLOYE $ SPECIALAL PROVISIONS below EL DISEASE -POLICY LIMIT $ OTHER C Property CBP9651351 11/27/03 11/27/04 see below if applies C Install Floater CBP9651351 11/27/03 11/27/04 Per Occ $250,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Job: Carousel Mall, San Bernardino CA #9923-SH-79081 Certholder is add'1 ins/prim wrdg as respects gen'l liab per ANF160 0903 30 days N 0 C except 10 days for nonpayment 2 CERTIFICATE HOLDER CANCELLATION City Of San Bernardino Michelle Taylor 300 North I'D" Street San Bernardino CA 92418 CISBE'+01 I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIO DATE THEREOF, THE ISSUING INSURER WILL MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, ACORD 25 (2001108) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED ENDORSEMENT (EXCLUDING RESIDENTIAL AND HABITATIONAL) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ADDITIONAL INSURED — OWNERS, LESSEES OR CONTRACTORS (FORM B) CG 20 10 1185 SCHEDULE Name of Person or Organization: City of San Bernardino Job: Carousel Mall, San Bernardino CA Any person or organization that the named insured is obligated by virtue of a written contract or agreement to provide insurance such as is afforded by this policy. Provided the Company is notified in writing within 30 days of inception of the contract or agreement, or the inception of this policy, whichever is later. WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. The following additional provisions apply to any entity that is an insured by the terms of this endorsement: 1. Primary Wording If required by written contract or agreement: Such insurance as is afforded by this policy shall be primary insurance, and any insurance or self-insurance maintained by the above additional insured(s) shall be excess of the insurance afforded to the named insured and shall not contribute to it. 2. Waiver of Subrogation If required by written contract or agreement: We waive any right of recovery we may have against an entity that is an additional insured per the terms of this endorsement because of payments we make for injury or damage arising out of "your work" done under a contract with that person or organization. 3. Neither the coverages provided by this insurance policy nor the provisions of this endorsement shall apply to any claim arising out of the sole negligence of any additional insured or any of their agents/employees. 4. This endorsement does not apply to any work involving or related to properties intended for permanent residential or habitational occupancy. The words "you" and "your" refer to the Named Insured shown in the Declarations. "Your work" means work or operations performed by you or on your behalf; and materials, parts or equipment furnished in connection with such work or operations. Insured: Inland Acoustics Inc Policy Number: GS308784 ANF 160 (9/2003) CERTHOLDER COPY STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142-0807 COMPENSATION INSURANC E FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 08-16-2004 GROUP: 000044 POLICY NUMBER: 21556-2003 CERTIFICATE ID: 1298 CERTIFICATE EXPIRES: 11-27-2004 11-27-2003/11-27-2004 CITY OF SAN BERNARDINO 300 N."Da STREET SAN BERNARDINO CA 92418 JOB: CAROUSEL MALL SAN BERNARDINO CA #9923-5H-7981 This is to certify that we have issued a valid Worker's Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. AUTHORIZED REPRESENTATIVE PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #1600 - LARRY HYDER, PRES, SEC, TRES - EXCLUDED. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 11-27-2002 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER INLAND ACOUSTICS, INC. PO BOX 5302 SN BERNRDNO CA 92412 [6,NH] PRINTED. 06-16-2004 SCIF 10262E Accept this cerllcate only if you see a faint watermark that reads STATE FUND DOCUMENT PAGE 1 OF 1