HomeMy WebLinkAboutContract 27013 CITY
CTAfiy
CON RACT INN.
CONSENT AGREEMENT
FOR
TEMPORARY USE OF PUBLIC PROPERTY
.STATE OF TEXAS
COUNTY OF TARRANT
THIS AGREEMENT is made and entered into by and between
the City of Fort Worth, a municipal corporation of Tarrant County,
Texas, acting herein by and through its duly authorized Building
Official, herinafter referred to as the "City"' and
Cook Children's Niedirn1 C:antar
acting by and through its duly authorized
Peggy Troy, President CCMC , hereinafter referred to as
"Grantee".
- .. WITNESSETH:
1.
For and in consideration of the payment by Grantee of the
charges set out below and the true and faithful perfonnance of the
mutual covenants herein contained, City hereby grants to Grantee
permission to temporarily encroach upon, uses and occupy portions of
the space under, on and/or above the streets, alleys, sidewalks or other
public rights-of-way as follows:
Approximately 1065 SF of Pennsylvania Ave. and 600 SF of ndjnrpnt
sidewalk from 09-Aug-01 to approximately 15-Oct-01 for the North Garage
Project, .City of Fort Worth permit number B 0100503200.
CNN c"k�e?I��°N
� n
F,
The location and description of said encroachment is more particularly
described in Exhibit `B" attached hereto, incorporated herein and made
a part hereof for all purposes.
2.
All use and occupancy of public streets,,alleys, sidewalks or other
public rights-of-way under this agreement shall be in strict compliance
with the Charter, Ordinances and Codes of City and in accordance with
the directions of the Building Official and the Director of Transportation
and Public Works of City.,
3.
Upon expiration of-this agreement and the privileges granted
hereunder,:there shall be no encroachment by Grantee in, under, on or
above the surface of the public rights-:of--way involved.
4.
Grantee agrees to pay in advance an encroachment fee for the
temporary privilege of encroaching upon a portion of the public rights-
of-way
ights-of way as described in Exhibit "B". Said fee is calculated in the manner
and amounts prescribed by the Building Code of the City of Fort Worth
y for temporary use or occupancy of public property. The estimated total
amount of said fee is
One Thousand Eight Hundred Twenty Nine and 10/100 (1 ,829-1o) -
2
5.
Grantee, at no expense to City, shall make proper provision for
the relocation and/or installation of any existing or future traffic control
devices or other improvements affected by such encroachment, use and.
occupancy, including the securing of approval and consent from the
appropriate agencies of the State and its political subdivisions. In the
event that any installation; reinstallation, relocation or repair of any .
existing or future traffic control device or improvement owned or
constructed by or on behalf of the public or at public expense is made .
more costly by virtue of the existence of such encroachment and use,
G
Grantee shall pay to City.:an additional:amount equal>to such additional
cost as determined by City.
6.
The term of this agreement shall be for 67 days, from 09-Aug-01
to 15-opt-0 1provided, however, should the need for the encroachments
granted hereunder at any time cease, Granteeagrees to immediately
notify City of such condition; and, upon receipt of such notice by the
Building Official of the City of Fort Worth, this agreement shall
terminate.
3
It is expressly understood and agreed that this Consent Agreement
is for a temporary encroachment in, under, over and.upon the public .
property,as located and described in Exhibit`B"1. This agreement shall
not be construed as the granting of a pennanent easement,encroachment
or.license upon'-City-'s public streets, alleys, sidewalks or other rights-of-
way.
8.
City, through its duly authorized representatives,shall have the full
and unrestricted right to enter upon all public rights-of-way for the
purpose of makinginspections to determine_compliance with the terms,
covenants and conditions herein. In the.event that any.inspection should
reveal.a breach of any.terms, covenants`or,conditions herein,:City shall
give Grantee notice of such breach. Should such breach not be
corrected by Grantee within twenty-four (24) hours of receipt of the
notice, or within such shorter period of time as deemed necessary by the
Building Official for the protection of public health or safety, City may
terminate and cancel this agreement. ,
9.
Upon expiration or termination of this agreement for any reason
whatsoever, Grantee shall, at no expense to City, restore the public
rights-of-way and adjacent supporting structures to a condition
acceptable to the Director of Transportation and Public Works or his
duly authorized representative and in accordance with then existing City
specifications, and Grantee shall remove all barricades, equipment,
r•7,;�-���^c s-���*r.i' �,`; or n,-Tiey j"1rnij P.,yty {,,•(ll"i'1 ^'li(l, location_ �Jr�i:l tee filrtb P,r
4
covenants and agrees that for a period of one (1) year after the
termination of this Consent Agreement, Grantee will repair all conditions
or damages too the streets and sidewalks or.other.rights-of-way that
have resulted from Grantee's use or occupancy of the streets and
Sidewalks or.other;rights-of-way, as determined by the Director of
Transportation and Public Works.or his designee. Grantee agrees to .
begin such repairs within thirty (30) days of receipt of notice from the
Director of Transportation and Public Works or his designee. All
repairs shall be performed-in an expeditious and workmanlike manner
and shall comply with all applicable laws, codes, ordinances and City
f
Specifications.
In the event that Grantee fails to comply with the covenants herein
contained with'respect.:toauch removal or.restoration, the City:shall have
the right to remove or dispose of any barricades, equipment, supplies,
materials or other property and repair any conditions which in the
opinion of the City are necessary to bring the public rights-of-way to the
condition prescribed herein, and City shall not be responsible for
trespass or any other damage or liability in connection with such removal
or restoration. Grantee shall reimburse City for the cost and expense of
such removal and/or repairs immediately following billing for same by
City.
Nothing herein shall be construed as a waiver by City to enforce
penal sanctions prescribed by the Code of the City of Fort Worth and
the laws of the State of Texas for Grantee's continued encroachment
5
upon the public rights-of-way following termination of this Consent
Agreement.
10.
It is-f irther understood and agreed between the parties hereto that
City:holds the city streets, alleys, sidewalks and other public rights-of-
way, including the portions of such streets used and encroached upon as
described herein, as trustee for the public; that City exercises such
powers over the streets as have been delegated to it by the Constitution
of the State of Texas or by the Legislature; and that City cannot contract
away.-its duty.and its legislative power.to control the streets for the use
and-benefit of the public. It is accordingly agreed that if the governing
- . body of City, to wit, its City Council 'should at any time during the term
hereof determine in its sole discretion to use or cause or_permit to be
used for any public purpose the said encroached portion of the streets,
then this agreement shall be automatically canceled and terminated.
11.
Grantee agrees to comply fully with all applicable federal, state
and local laws, statutes, ordinances, codes or regulations in connection
with the construction, operation and maintenance'of said encroachments
and uses.
12.
Grantee agrees to pay promptly when due.all fees, taxes or rentals
provided for by this agreement or by any federal, state or local statute,
law or regulation.
6
13.
Grantee covenants and agrees that it.shall exercise all rights and
privileges granted hereunder as an independent contractor, and not as an
officer, agent,servant or employee of City; that Grantee shall have
. .exclusive control,of-and the exclusive right to control the details of its
operations and activities on said described public property and all
persons performing same, and shall be solely responsible for the acts
and omissions of its officers, agents, servants, employees, contractors,
subcontractors, licensees and invitees; that the doctrine of respondeat
superior shall not apply.as between City,and.Grantee,.its officers, agents,
servants, employees, contractors and subcontractors; and nothing herein
shall be construed.as creating a partnership or joint enterprise between
City:and Grantee.
14.
Grantee covenants and agrees to indemnify, and does hereby
indemnify, hold harmless and defend City, its officers, agents, servants
and employees, from and against any and all claims or suits for property
damage or loss and/or personal injury, including death, to any and all
persons, of whatsoever kind or character, whether real or asserted,
arising out.of or in connection with, directly or indirectly, the
maintenance, occupancy, use, existence or location of said
encroachment and uses granted hereunder, whether or not caused, in
whole or in part, by alleged negligence of officers, agents,-servants,
7
employees,_ contractors, subcontractors, licensees or invitees of City;
and grantee hereby assumes all liability and responsibility of City, its
officers, agents, servants and employees, for such claims or suits.
Grantee shall likewise assume all liability and responsibility and shall
indemnify City for any and all injury or damage to City property, arising
out of or in connection with any and all acts or omissions of Grantee, its
officers, agents, servants, employees, contractors, subcontractors,
licensees, invitees or trespassers.
15.
Grantee agrees to furnish City with a Certificate of Insurance, naming
City as certificate holder, as proof that it has secured and paid for a policy of
public liability insurance covering all public risks related to the proposed use
and occupancy of public property as.located and described in.Exhibit"B".
The amounts of such insurance shall be not less than the following:
Property damage, per occurrence $100,000
Bodily injury, per person $250,000 -
Bodily injury or death; per occurrence $500,000
With the understanding of and agreement by Grantee that such insurance
amounts shall be revised upward at City's option and that Grantee shall so
revise such amounts immediately following notice to.grantee of such
requirement. Such insurance policy shall provide that it cannot be canceled
or amended without at least thirty (3 0) days' prior written notice to the
Building Official of the City of Fort Worth. A copy of such Certificate of
-Insurance is attached as Exhibit "A". Grantee agrees to submit a similar
Certificate of Insurance annually to City on the anniversary date of the
execution of this agreement.
Grantee agrees, binds and obligates itself,.its successors and assigns,
to maintain and keep in force such public liability insurance at all times
during the term of his agreement and until the removal of all encroachments
and the cleaning and restoration of the city streets. All insurance coverage
required herein shall include coverage of all of Grantee's contractors.
16.
Grantee covenants and agrees that it will not assign all or any of its
rights, privileges or_duties under this contract without the prior written
approval of City,-and any.attempted assignment without such prior written
approval shall be void.
17.
This agreement shall be binding upon the parties hereto, their
successors and assigns.
18.
Should any action, whether real or asserted, at law or in equity, arise
out of the terms and conditions of this agreement or out of the use and
occupancy of City property as permitted hereunder, venue for said action
shall be in Tarrant County, Texas.
19.
In any action brought by City for the enforcement of the obligations of
Grantee, City shall be entitled to recover interest and reasonable attorneys'
fees.
r,
EXECUTED This day of 20v-
GRANTOR: G NTEE:
CITY OF FORT WORT
BY: Peggy Troy
BUILDING FICIAL
APPRO D T ORM AND LEGALITY: _ President, CCMC
TITLE
CI Y C&EY DATE: _
CIT SECRETARY DATE:
contract Authorization
Date
1D;�;7fu
STATE OF.TEXAS
COUNTY Y O..F' TARRA AIT
BEFOREME, the undersigned authority; alVotaryPublic in and
For the State of Teras, on this day personally appeared
6. FI•a-m,`n 4 ,known to me to be the person whose
name is subscribed to the foregoing instrument, and acknowledged to me
that Ire/she executed the sante or thevu ose and cvnsideration they in
expressed, as the act and deed of s+, LLAJ,491,ng4� �
and in the capacity therein stated.
GATE N I AE,R MYHAArD AAD SEAL OF OFFICE this (lay
Of sV 20-QL.
\v dr
f iiant
JUANITA JOYCE JEFFERSON �
Notary Public
State of Texas
iii
ail Public i an60 r
og Comm. Expires 06-28-2003
"Ent QD V
M ON
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority; a Notalic in an
For the State of Texas, on this day personally appeared
Peggy Troy ,known to me to be the pe on whose
name is subscribed to the foregoing instrument, and acknowledged tonne
that he/she executed the same for the purposes and consideration therein
expressed, as the act and deed of Cook Children's Medical Center
and in the capacity therein stated.
GIVEN UATEJ MYHAArD AND SEAL OF OFFICE this ° (lay
of 200 -l .
Af iian
1N'0t11r)Public in andfor
The State of Texas
��`•c� ANN PICKETT
* „ Notary Public
STATE OF TEXAS
[S°' MyComm.Exp.06-21-2004
�F
f
E.tR:rC�tL_�ur�"i�T tib�J
�Eul� .1rirf��C-
lot Z-4-
Q OI Oczo-, CO
4
7RW W!?
�-... co NES o� 6lN2.Rt:L.S
Nu
W
W W l 7
a.i.=
o
c W
vi a o 'TP-��E� •
•e
v a a • � � .�. �S- � L
• to �
�tons •
A
I
k
1 saikll
�
� > I
+440 . = it 1�E0
Z2 cit
• o
� m
• f
CALL FORAN ! �
•
TR1CT1NS4RE jNPiE
i'MPORARY DCCUPANCY OF PUBUC P!?
PERTY
40PE THAN DAYS 3 DAYS OR L-Se
S'DEWALK E: 0 0 SQFT X X —D AYS Yrs ti
Sl'RfET
TOTAL
C�eueEj �Ikt�
A CORDTMC �
A D
0 30/01
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION \
Aon Risk Services,Inc.of Texas ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
301 Commerce Street HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
Suite 2101 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Fort Worth TX 76102 COMPANIES AFFORDING COVERAGE
COMPANY
A St Paul Mercury Ins Co
INSURED COMPANY
Cook Children's Health Care System B
801 Seventh Avenue COMPANY
Fort Worth TX 76104 USA C
COMPANY
D
44r nm
3. a,..
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONSAND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO TI
TYPE OF INSURANCE POLICYNUMBER POLICYEIrnCVE POLICYEXPIRATION LIMITS
LTR DATE(MM/DD/YY) DATE(MMIDDNY)
A GENERAL LIABILITY HK07200655 10/01/00 10/01/01 GENERAL AGGREGATE $3,000,000
X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMPIOP AGG $3,000,000
CLAIMS MADE OCCUR PERSONAL 8 ADV INJURY $1 000 000
OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE $1,000,000
FIRE DAMAGE(Anv one fire) $100,000
MED EXP(Anv one person) $5,000
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
ANY AUTO
ALL OWNED AUTOS BODILY INJURY
SCHEDULED AUTOS (Per person)
HIRED AUTOS BODILY INJURY
(Per accident)
NON-OWNED AUTOS
PROPERTY DAMAGE
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT
ANY AUTO OTHERTHANAFT OONLY: r �;
EACH ACCIDENT
AGGREGATE
EXCESS LIABILITY EACH OCCURRENCE
UMBRELLA FORM AGGREGATE
OTHER THAN UMBRELLA FORM
TU-
WORKER'S COMPENSATION AND TORYTAM TS DTH AV N� q
EMPLOYERS'LIABILITY EL EACH ACCIDENT
THE PROPRIETOR/ INCL
PARTNERS/EXECUTIVE ELDISEASE-POLICY LIMIT
OFFICERSARE EXCL EL DISEASE-EA EMPLOYE
T L
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS
Re: Pennsylvania Avenue-Street Closure for North Parking Garage Permit#B 0100503200
CERT IFICATE-,HOLDER..
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
City of Fort worth EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVORTO MAIL
1000 Throckmorton 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
Fort Worth TX 76102 USA BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF ANY KIND UPON THE COMPANY. ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
ACORb25=8(1I95� 96 ;
Q4COf2D CORRORATION;18`
Certificate No: 570000422921 Holder Identifier: