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HomeMy WebLinkAbout48-Public Buildings > o o o o 1 2 RESOLUTION NO. 3 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH CENTRAL CITY COMPANY FOR FINANCIAL 4 PARTICIPATION IN THE IMPROVEMENT OF INTERIOR PUBLIC AREAS OF THE CENTRAL CITY MALL AND GRANTING A LICENSE FOR ENTRY UPON THE 5 PUBLIC AREA FOR PURPOSES OF CONSTRUCTING SUCH IMPROVEMENTS. 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 7 CITY OF SAN BERNARDINO AS FOLLOWS: 8 SECTION 1. The Mayor of the City of San Bernardino is 9 hereby authorized and directed to execute. on behalf of said 10 City, an Agreement ,with the Central City Company, relating to the 11 City's financial participation in the improvement of the public 12 areas of the Central City Mall and granting a license for entry 13 upon those public areas under the control of the City for 14 purposes of constructing such improvements. A copy of the 15 Agreement is attached hereto, marked Exhibit "A" and incorporated 16 herein by this reference as fully as though set forth at length 17 SECTION 2. This Agreement shall not take affect until 18 fully signed and executed by both parties. The City shall not be 19 obligated hereunder unless and until the Agreement is fully 20 executed and no oral agreement relating thereto shall be implied 21 or authorized. 22 / / / 23 / / / 24 / / / 25/ / / 26 / / / 27 / / / 28 / / / JFW:ss July 29, 1988 1/g: . 0 1 2 3 4 5 6 7 8 g 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESO: AUTHORIZING l'iR EXECUTIOrnF AGREEMENT WITH CENTRAL O:-V COMPANY FOR FINANCr'):,L" PARTICIPAT~N IN THE IMPROVEMENT OF INTERI PUBLIC AREAS OF THE CENTRAL CITY MALL AND GRANTING LICENSE FO~ ENTRY UPON THE PUBLIC AREA I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino, at a meeting held on the . 19__, by the following vote, to wit: day of AYES: Council Members NAYS: ABSENT: City Clerk The foregoing resolution is hereby approved this day of , 19__ Evlyn Wilcox. Mayor City of San Bernardino Approved as to form an legal content: 71e Attorney JFW:ss July 29, 1988 . o o o o AGREEMENT RE: FINANCIAL PARTICIPATION IN THE IMPROVEMENT OF THE INTERIOR PUBLIC AREAS OF THE CENTRAL CITY MALL AND LICENSE FOR ENTRY UPON THE PUBLIC AREAS FOR PURPOSES OF CONSTRUCTING SUCH IMPROVEMENTS THIS AGREEMENT is entered into this day of -------- . 1988. by and between the CITY OF SAN BERNARDINO. a municipal corporation. referred to as "City". and CENTRAL CITY COMPANY. a joint venture between CTC Company, a California Partnership, and Central City Associates, a California Joint Venture, referred to as "CCC". RECITALS WHEREAS. pursuant to that Lease Agreement (Lease) entered into on June 10, 1968, by City and the Redevelopment Agency of the City of San Bernardino, City maintains and operates the interior public areas of the Central City Mall as described in Exhibit "C" to Lease; and, WHEREAS, City and CCC desire to take joint action to make improvements, as hereinafter described, to such interior public areas; NOW. THREFORE, it is agreed as follows: 1. Improvements. CCC agrees to make certain improvements to the interior City public areas of the Central City Mall. including new and improved skylights and other improvements as more specifically set forth in drawings designated as "Interior Renovation Improvements" (drawings), bearing date of May 12. 1988. on file with the City Department of Public Works/Engineering Department. JFW:ss July 29. 1988 1 - . o o o o 2. Sharing of Cost. City hereby agrees to contribute the maximum sum of $73,500.00 towards the cost of such work of improvement. In further consideration of this agreement. CCC shall not be required by City to pay more than $500.00 for any building or inspection permits related to construction to be completed hereunder. CCC hereby agrees to expend such sums as are necessary to complete the work described in the drawings referred to above. CCC hereby agrees to expend not less than the sum of approximately $350,000, towards the completion of the project. 3. Execution of the Work. a. CCC shall at all times be responsible for the execution and completion of the work required hereunder. City, through its Public Works/Engineer or his designee, shall have the right to approve the completed work to insure that it does not substantially change the design, layout or arrangement of the mall for the uses and purposes specified in paragraph 4 of the Lease. Where such work is not approved, CCC agrees to undertake the correction of the work and to complete the work in such a manner as shall meet the approval of the Public Works/Engineer, or his designee. b. CCC and its agents and subcontractors are independent contractors under this Agreement. JFW:ss July 29, 1988 2 . . o o o o Nothing contained herein shall be construed as changing that relationship. vis-a-vis the City. Such right of approval as is required hereunder shall be exercised only in such manner as is not inconsistent with the status of CCC, its agents and contractors as independent contractors. 4. License Granted. City grants a license to CCC to enter upon the property maintained and operated by the City within the interior of the Central City Mall and to there make the improvements described in paragraph 1 above. City further hereby grants to CCC a license to enter upon such other premises as the City maintains and operates at the Central City Mall for the purpose of the movement and storage of workers, equipment and materials related to the work contemplated herein. A license and permission is also granted to CCC to make such minor changes in the roof and adjacent structures of the Central City Mall as are determined to be necessary for the proper construction and future maintenance of the improvements covered by this Agreement. These licenses are subject to any conditions as shall hereafter be imposed by the City Engineer or the Director of the Building and Safety Department of City. 5. Construction. CCC agrees to construct the improvements in accordance with above-referenced drawings on file in the office of the Director of Public Works/City Engineer. No alterations or changes in the drawings shall be made without first receiving City's written approval through its Public JFW:SS July 29, 19S8 3 . . o o o o works/Engineer or his designee. 6. Rules and Regulations. CCC shall observe all rules, regulations, ordinances and enactments of City and all applicable statutes of the State of California in installing or maintaining the improvements. 7. Relocation. Should City ever determine a need to make public improvements in the area covered by this Agreement, CCC agrees to cooperate with the City in all reasonable requests for revision of the improvements as necessary to accommodate the City's reasonable needs. 8. Liability Insurance. A. CCC agrees to procure and maintain in force during the term of this Agreement and any extension, at its expense. public liability insurance in companies and through brokers approved by City. adequate to protect against liability resulting from, arising out of, or in any way connected with, the construction of the improvements as referred to herein, in a minimum amount of at least $1,000,000 combined single limit. CCC shall provide to City's Risk Management Division a certificate of insurance and an additional insured endorsement which provides: 1) The City of San Bernardino is an additional insured. 2) The insurance company name, policy number, period of coverage and the amount of insurance. 3) That the City Clerk of the City of San JFW:ss 4 July 29. 1988 - . ~ o o o o Bernardino must be given notice in writing at least 30 days prior to cancellation. material change or refusal to renew the policy. 4) That CCC's insurance will be primary to any coverage the City of San Bernardino may have in effect. B. Contractors. CCC shall include the following provisions in any agreement with any contractor or subcontractor performing any work contemplated herein: 1) The Contractor shall furnish the City a policy of liability insurance in which the City is named as an additional insured with the Contractor. Notwithstanding any inconsistent statement in the pOlicy or any subsequent endorsement attached thereto, the City shall be named as an additional insured covering the Work, whether liability is attributable to the Contractor or the City. The policy shall insure the City. its officers, employees and agents while acting within the scope of their duties on the Work, against all claims arising out of or in.connection with the Work. JFW:ss July 29. 1988 5 A . . Q o o o The coverage shall provide the following minimum limits: Bodily Injury .$250,000 each person $500.000 each occurrence $500,000 aggregate products and completed operations Property Damage $100,000 each occurrence $250,000 aggregate A combined single limit policy with aggregate limits in the amount of $1,000,000 will be considered equivalent to the required minimum limits. The Contractor shall save, keep and hold harmless the City, its officers and agents from all damages, costs or expenses in law or equity that may at any time arise or be set up because of damages to property. or of personal injury received by reason of or in the course of performing work. which may be caused by any willful or negligent act or omission by the Contractor, any of the Contractor's employees, or any Subcontractor. The City will not be liable for any accident, loss or damage. All liability insurance policies shall bear an endorsement or shall have attached a rider whereby it is provided that. in the JFW:ss July 29. 1988 6 - . . Q o o o event of expiration or proposed cancellation of such policies for any reason whatsoever, the City shall be notified by registered mail return receipt requested. giving a sufficient time before the date thereof to comply with any applicable law or statute, but in no event less than 30 days before expiration or cancellation is effective. The cost of this insurance shall be included in the Contractor's Bid. 2) Before execution of the Contract, the Contractor shall file with CCC and City the following signed certification: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." The Contractor shall also comply with JFW:ss July 29, 1988 7 4 dI . . o o o o Section 3800 of the Labor Code by securing, paying for, and maintaining in full force and effect for the duration of the contract, complete Workers' Compensation Insurance, and shall furnish a Certificate of Insurance to the CCC and City before execution of the Contract. The City. its officers, or employees, will not be responsible for any claims in law or equity occasioned by failure of the Contractor or CCC to comply with this paragraph. All compensation insurance policies shall bear an endorsement or shall have attached a rider whereby it is provided that, in the event of expiration or proposed cancellation of such policies for any reason whatsoever, the City shall be notified by registered mail not less than 30 days before expiration or cancellation is effective. 3) Designation of Sub-contractors. In compliance with the provisions of Section 4100-4108 of the Public Constracts Code of the State of California, and any amendments thereof. each bidder shall set forth below the name and location of each sub- JFW:ss July 29. 1988 8 - . . o o o o contractor who will perform work or labor or render service to the Contractor. TRADE SUB-CONTRACTOR CITY LICENSE NO. CLASSIFICATION 4) Payment of Prevailing Wage Rate. The contractor and all subcontractors shall pay each craft or workman employed on this project not less than the prevailing wage rates specified in Resolution No. 12846 of the Mayor and Common Council of the City of San Bernardino. The Engineer shall have the right to interview any craft or workman on the project site in order to verify payment of prevailing wage rates in accordance with Resolution No. 12846. 5) Payroll Records. The Contractor's attention is directed to the following provisions of Labor Code Section 1776 (stats. 1978. Ch. 1249). The Contractor shall be responsible for the compliance with these provisions by his subcontractors. JFW:ss July 29, 1988 9 . . o o o o (a) The Contractor and all subcontractors shall keep an accurate payroll record, showing the name, address, social security number. work classification, straight time and overtime hours worked each day and week. and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. (b) The payroll records enumerated under subdivision (a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of the Contractor on the following basis: (1) A certified copy of an employee's payroll record shall be made available for inspection or furnished to such employee or his or her authorized regresentative on request. (c) Each Contractor shall file a certified copy of the records enumerated in subdivision (a) with the Engineer on a weekly basis. It will be the Contractor's responsibility to submit the records enumerated in subdivision (a) for all of his subcontractors, in addition to his own employees. Failure to submit the records enumerated in subdivision (a) on a timely basis shall constitute good and sufficient reason for withholding the partial payments for work accomplished. 7. Title of Property. CCC acknowledges the title and JFW:ss July 29, 1988 10 .L - .Ll - . . o o o o paramount interest of City to the public property within the interior of the Central City Mall as is described hereinabove and agrees never to assail or resist City's title or interest therein. CCC shall not obtain any interest in said property as a result of the performance of any of its obligations hereunder including the payment of any monies as required herein. 8. Indemnification. CCC shall exercise its privileges under any license hereby at its own risk. CCC shall indemnify and hold harmless ' City, its elective and appointive boards. commissions, officers. agents and employees. from liability resulting from. arising out of, or in any way connected with, the construction contemplated herein, the occupation or use of the public areas by CCC or its contractors, both during and after the construction and installation of any improvements, including claims resulting from the conduct of CCC. its employees, invitees, guests or agents of CCC. or CCC's failure to perform its promises in connection herewith. CCC shall defend City, its elective and appointive boards. commissions, officers. agents and employees from any suits or actions at law or in equity for damages caused, or alleged to have been caused, by reason of any of CCC's operations under this Agreement. City shall not be liable to CCC if CCC's occupation or use of the property is hindered or disturbed. 9. Waiver. Waiver by City of any breach of any provision of this license does not waive any subsequent breach of the same or any other provision. JFW:ss July 29. 1988 11 L II!h .. . o o o o 10. Notice. All notices relating to this agreement shall be in writing and delivered in person or sent by certified mail, postage prepaid, addressed as follows: AS TO CITY: AS TO CCC: CITY OF SAN BERNARDINO 300 North "0" Street San Bernardino, CA 92418 Attn: Real Property Division CENTRAL CITY COMPANY 295 Central City Mall San Bernardino, CA 92401 11. Assignment. No assignment of this license by CCC, its successors, legal representatives or assigns, or any subsequent assignee, shall be binding upon City without the written consent of City in each instance. City shall not unreasonably withhold its consent. This license may be amended or modified 12. Amendment. only by written agreement signed by both parties. 13. Term. The term of this license shall b~ for a period of one year, commencing August 1, 1988, and expiring on August 1, 1989, or at such time as the work to be performed hereunder is determ~ned by the Public Works/Engineer to be completed, whichever comes later. Any license contained herin may be renewed upon written agreement of the parties hereto, subject to such conditions as may be agreed upon by the parties at the time of such renewal. 14. Consideration. Consideration for this license is as set forth in Paragraph 2 above, relating to sharing of the cost of improvements, and limitation on building fees. 15. Maintenance. Maintenance of the improvements, provided pursuant to this agreement shall be as set forth in the JFW:ss July 29, 1988 12 _ AI ~ ... o o o o Lease. 16. Free of Liens. CCC shall payor cause to be paid all costs of construction, except as otherwise specifically provided herein, and shall keep the property free and clear of any and all claims arising out of the performance of work or furnishing of materials for said construction and installation. 17. possessory-. I n:tere3!!' CCC rocognl ZOfl and understandn that this license may create a possessory interest subject to property taxation and that CCC may be subject to the payment of property taxes levied on such interest. CCC agrees to and shall hold harmless the City from any and all liability for any such taxes. 18. Conflict with Central City Mall. Ci ty does not warrant or make any representation concerning its full control over the Central City Mall and its public areas. City is lessee of such property by lease from the Redevelopment Agency of the City of San Bernardino; in addition, City is a signatory with numerous other parties to a reciprocal easement agreement, covering the Central City mall. The existence of each of these documents is called to the attention of CCC. Each is a public record, duly recorded. In the event any other party to either the lease or the agreement claims or has any rights to or control over or interest in the portion of the public areas covered by this license, CCC shall hold City, its officers, agents and employees, and the Redevelopment Agency of the City of San Bernardino and the Community Development Commission, harmless JFW:ss July 29, 1988 13 - . - () o o o from any claims, demands, suits or judgments arising from CCC's occupancy of the portion of the public areas covered under this license, or for interruption thereof. In the event this license, or any portion thereof, should be determined to be void, illegal or improper, for any reason whatever, or CCC's rights thereunder are set aside through court action or otherwise, CCC shall have no recourse against City, its officers, agent and employees. 19. Entire Agreement. This Agreement represents the entire Agreement between the parties hereto and any amendments and/or addenda shall be made in writing between the parties and attached to this Agreement. ATTEST: CITY OF SAN BERNARDINO City Clerk BY: Evlyn Wilcox, Mayor CENTRAL CITY COMPANY, a joint venture BY: CTC Company a California partnership Approved as to form and legal content: , \ ; } ~ \~ -/:---' ~/y Attorney 0" BY: General Partner BY: Central City Associates a California joint venture BY: JFW:ss July 29, 1988 14