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HomeMy WebLinkAboutContract 14712 CITY SECRETARY � CONTRACT CONSENT AGREEMENT 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, act- ing herein by and through its duly authorized City Manager, herein- after referred to as the "City" , and Harris Hospital - Methodist 1301 Pennsylvania Fort Worth„ Texas 76104 hereinafter referred to as "Grantee" . W I T N E S S E T H: 1 . For and in consideration of the payment by Grantee of the appli- cation charge set out below and the true and faithful performance of the mutual covenants herein contained, the City of Fort Worth hereby grants to Grantee permission to encroach upon, use and occupy por- tions of the space under, on and/or above the public streets for the purposes as described and located in Exhibit "A" attached hereto. Said Exhibit "A" is incorporated herein by reference and is to be considered as a part of this instrument. 2. All construction, maintenance and operation in connection with such encroachment, use, and occupancy shall be performed in strict compliance with the Charter, Ordinances and Codes of the City of Fort Worth and in accordance with the directions of the Director of Transportation and Public Works of said City, or his duly authorized representative. All plans and specifications therefor shall be subject to the prior written approval of the Director of Transportation and Public Works, or his duly authorized representative, but such approval shall not relieve Grantee of responsibility and liability for concept, design and computation in the preparation of such plans and specifications. 3. Upon completion of construction and thereafter, there shall be no encroachments in, under, on or above the surface area of the streets and sidewalks involved, except as shown on Exhibit "A" . 4. The Grantee, at no expense to the City, shall make proper provi- sion for the relocation and/or installation of any existing or future utilities affected by such encroachment, use and occupancy, including the securing of approval and consent from the utility companies and the appropriate agencies of the State and its political subdivi- sions. In the event any installation, reinstallation, relocation or repair of any existing or future utility or improvements owned or constructed by or on behalf of the public or at public expense is made more costly by virtue of the construction maintenance or exis- tence of such encroachment and use, Grantee shall pay to the City an additional amount equal to such additional cost as determined by the Director of Transportation and Public Works of the City of Fort Worth, or his duly authorized representative. -2- 5. In order to defray all costs of inspection and supervision which the City of Fort Worth has incurred or might incur as a result of the construction, reconstruction or maintenance of the encroachments and uses provided for by this agreement, Grantee agrees to pay to the City of Fort Worth at the time this agreement is executed an applica- tion charge in the sum of Two Hundred Dollars ($ 200. 00 ) • 6. The initial term of this agreement shall be twenty-five (25) years, commencing on the date this agreement is executed. 7 . Upon the termination of this agreement for any reason whatso- ever, Grantee shall, at the option of the City and at no expense to the City, restore the public streets and adjacent supporting struc- tures 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 . 8. It is further understood and agreed between the parties hereto that the City streets and sidewalks, including the portions of such streets and sidewalks to be used and encroached upon as described herein are held by the City as trustee for the public; that the 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 the City cannot contract away its duty and its legislative power -3- to control the streets for the use and benefit of the public. It is accordingly agreed that if the governing body of the 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 the said portions of the streets to be used for any other public purpose, including but not being limited to underground, surface or overhead communication, drainage, sanitary sewerage, transmission of natural gas or electric- ity, or any other public purpose whether presently contemplated or not, then this agreement shall be automatically cancelled and terminated. 9. Grantee understands and agrees that the granting of any en- croachment hereunder is not meant to convey to Grantee any right to use or occupy property in which a third party may have an interest, and Grantee agrees that it will obtain all necessary permission before occupying such property. 10. 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 . 11. 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. -4- 12. Grantee covenants and agrees that it shall operate hereunder as an independent contractor as to all rights and privileges granted hereunder and not as an officer, agent, servant or employee of the City; that Grantee shall have exclusive control of and the exclusive right to control the details of its operations, 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 respon- deat superior shall not apply as between City and Grantee, its offi- cers, agents, servants, employees, contractors and subcontractors, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Grantee. 13. 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 of character, whether real or asserted, arising out of or in connection with, directly or indirectly, the construction, 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 offi- cers, agents, servants, employees, contractors, subcontractors, licensees or invitees of the City; and Grantee hereby assumes all liability and responsibility for such claims or suits . Grantee shall -5- 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. 14. Grantee agrees to furnish City a certificate of insurance 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 "A" . The amounts of such insurance shall be not less than the following: Property damage, per occurrence $100,000 Personal injury or death, per occurrence $300,000 with the understanding of and agreement by Grantee that such insur- ance amounts shall be revised upward at City' s option and that Grantee covenants and agrees to so revise such amounts within thirty (30) days following notice to Grantee of such requirement . Grantee agrees, binds and obligates itself, its heirs and as- signs to maintain and keep in force such public liability insurance at all times during the term of this agreement. A certificate of insurance as proof of such maintenance shall be submitted annually to City on the anniversary date of the execution of this agreement. Each such insurance policy shall provide that it cannot be cancelled or amended without at least thirty (30) days prior written notice to City. -6- } 15. Grantee agrees to deposit with the City of Fort Worth when this agreement is executed a sufficient sum of money to be used to pay necessary fees to record this consent agreement in its entirety in the deed records of Tarrant County, Texas . After being so recorded, the original hereof shall be returned to the City Secretary of the City of Fort Worth, Texas . 16. 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 . 17. This agreement shall be binding upon the parties hereto, their successors and assigns . EXECUTED this day of LAO 19 CITY OF FORT WORTH, GRANTOR HARRIS ITAL-METHODIST G TEE ' By. ' B �� c qty Manager Charles M. Brosse Jr. Associate Sr. V. . /Administrator ATTEST: ATTEST: - �gj� I Cit Secretary A PROVED AS TO FORM -AI�TD LEGALITY: JContraot Authorization �` _ Date City Attorney Date: lwo3 -7- INSURANCE CERTIFICATE This is to certify that the policy or policies listed below have been issued to the named insured and are in force as of the date of this certificate. This -o Certificate shall remain in effect until the listed expiration date,if any,or until 10 days after written notice is mailed to the certificate holder,whichever date o shall first occur. t m o This certificate is not an insurance policy and does not amend,alter or extend coverage afforded by the policies listed.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 0 policies listed is subject to all the terms of such policies. v 0 a NAME AND ADDRESS OF CERTIFICATE HOLDER EFFECTIVE DATE OF THIS CERTIFICATE REVISED October 7, 1985 City of Fort Worth ISSUED AT Attn: Jim Miller Fort Worth, TX 1000 Throckmorton Fort Worth, TX 76102 TsxaS EMPLOYeRS InsuRance ASSOC1aTlon Texas EMPLOYeRS InDemnITY company EMPLOYeRS CaSUaLTY NAME AND ADDRESS OF INSURED company EMPLOYeRS N8T1onaL InSuRance company Harris Hospital-Methodist EMPLOYeRS CaSU8LTY Attn: Jack McCabe CORPORaTIOn 1301 Pennsylvania Avenue EMPLOYeRS NaT10naL Fort Worth, TX 76104 InsuRance CORPORaTIOn EMPLOYeRS OF Texas LLOYD'S BY uthorized Representat e) (Signed (Typed) Gary Jef t Mgr `' INSURANCE IN FORCE LIMITS OF LIABILITY NOT LESS THAN Expiration Each Perron Each Accident Date (w Employ«) (er Occurmue) Per Policy STATE AND Kind Policy Number Per Polity Proririons Per P4 Provisbns Or Ayp"y°to LOCATION OF OPERATIONS o Item 1 Coverage Fully Complies With Requirements of a Part f Texas Workers'Compensation Law Disease Only Disease Only STATE OF TEXAS o o a Covera `o E port U And Renewal If Blank- c° 3 ' Thereof See Heading $100,000 $100,000 .$500,000 o Item 2 Coverage Fully Complies With Requirements E a Part f of State Law E ° U ° Disease Only Disease Only ° o a Covera ge If Blank- -a 3 w Part If An Thereof Renewal See Heading $100,000 � $1 OOrOOO $500,000 LL Item 3 Bodily *561703 10-1-86 $ XXXXXXXX $ 500,000 $ ° m° Injury Products Only U.S.A. ITS TERRITORIES OR Property And Renewal If Blank- POSSESiSKN15 AND CANADA e Damage Thereof See Heading X X X $ Single Lipit Item 4 Bodily $ $ Not 0 .v r Injury Applicable U.S.A. ITS TERRITORIES OR ° s POSSESSIONS AND CANADA a a3 0 Property And Renewal If Blank- Not Damage Thereof See Heading X X X $ Applicable Item S $ $ $ me And Renewal If Blank- Thereof See Heading $ $ $ Item 6 $ $ $ And Renewal If Blank- Thereof See Hooding S $ f REMARKS Re: Encroachment for tunnel at 5th Avenue. *Includes Waiver of Subrogation TFrn 17001 rd_i_a,tt n / to 4119,c16� �rr„��r�o� G'ain�,�iY City ®f Fort Worth, Texas Mayor and Council Communication DATE REFERENCE SU J 10-29-85 NUMBER pR�FRED PEDESTRAIN TUNNEL UNDER PAGE **C-9313 700 BLOCK OF 5TH AVENUE I of1___ RECOMMENDATIONS It is recommended that Council authorize the City Manager to enter into a standard consent agreement authorizing construction of a pedestrian tunnel under the 700 Block of 5th Avenue. DISCUSSION Harris Hospital currently has underway an expansion project which includes a multi-story parking garage. The garage is to be connected to the Sid Richardson Pavilion by means of an underground tunnel in the 700 block of 5th Avenue. An encroachment of this nature requires approval by Council after recommendation by the Encroachment Committee. On September 23, 1985, the Committee met with Walker Construction Company, Contractor for Harris Hospital . An agreement was reached which provides (1 ) that one lane of 5th Avenue remain open during construction by means of a temporary traffic bridge and, (2) that a minimum of three feet remain between the finished street elevation and the top of the completed tunnel . DAI :gbc SUBMITTED FOR THE CITY MANAGER'S DISPOSITION BY COUNCIL: PROCESSED BY OFFICF BY APPROVED ORIGINATING - OTHER (DESCRIBE) DEPARTMENT HEAD: Joe Bllardi CITY SECRETA Rt FOR ADDIfIDNAL INFORMATIO CONTACT: dim Miller 8176 DATE