Loading...
HomeMy WebLinkAboutContract 14750CLTY SECRETARY CONTRACT No%��D CONSENT AGREEMENT STATE OF TEXAS § COUNTY OF TARRANT § t1/4 PECFIVE0 Nc/71 14 198 ft C1 3V 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 W. 1. Cook Memorial Hospital hereinafter referred to as "Grantee` WITNESSET H: 1. For and in consideration of the payment by Grantee of the appl i= 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 ✓ epresentative. All plans and specifications therefor shall be sub- ject 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 n o 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 u tilities 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 ✓ epair 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. 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 Dollars ($ ). 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 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. 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 o r asserted, arising out of or in connection with, directly or indirectly, the construction, maintenance, occupancy, use, existence o r location of said encroachment and uses granted hereunder, whether o r 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 likewise City for of or in assume all liability and responsibility and shall indemnify any and all injury or damage to City property, arising out connection with any and all acts or omissions of Grantee, its officers, agents, servants, employees, contractors, subcontrac- tors, 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 11 A 1! e The amounts of such insurance shall be not less than the following: Property Personal damage, per occurrence injury or death, per occurrence with the understanding of and agreement by Grantee ance amounts shall be revised upward at City's $100,000 $300,000 that such insur- 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. 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. 17e This agreement shall be binding upon the parties hereto, their successors and assigns. EXECUTED this 7c&ty of CITY OF FORT WORTH, GRANTOR C By: /City Manager ATTEST: "Tda 6 City/Secretary ROVED AS TO FORM AND LEGALITY: City Attorney Date: W 19 a: . I. Cook Memorial Hospital, GRANTEE By: Vice -President ATTEST: Secretary for Grantee ..2fid?/,4cZa Contract Authorization Date Stg cord. THIS CERTIFICATE 15 fSSUED AS A'MATTER OF -INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT .AMEND. EXTEND 'OR ALTER THE COVERAGE AFFORDED BY THE. POLICIES LISTED -BELOW. NAM; AND ADDRESS OF AGENCY THE BRANTS COMPANY 303 Main Street Fort Worth, Texas 76102 NAME AND ADDRESS OF INSURED W. I. Cook Memorial Hospital 1212 West Lancaster Street Fort Worth, texas 76102 COMPANIES AFFORDING COVERAGES COMPANY LETTER COMPANY LETTER A B COMPANY e LETTER V COMPANY LETTER ST. PAUL LLOYDS INSURANCE COMPANY COMPANY E LETTER This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time. 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. CDMPANt LE:TEF TYPE OF INSURANCE pp GENERAL LIABILITY n COMPREHENSIVE FORM a PREMISES -OPERATIONS ❑ EXPLOSION AND COLLAPSE HAZARD ❑ UNDERGROUND HAZARD a PRODUCTS/COMPLETED �J OPERATIONS HAZARD aCONTRACTUAL INSURANCE a BROAD FORM PROPERTY ((�� DAMAGE Fi INDEPENDENT CONTRACTORS El PERSONAL INJURY AUTOMOBILE LIABILITY U COMPREHENSIVE FORM ❑ OWNED ❑ HIRED NON -OWNED EXCESS LIABILITY 0 UMBRELLA FORM ❑ OTHER THAN UMBRELLA FORM WORKERS' COMPENSATION and EMPLOYERS' LIABILITY OTHER Blanket Real & Personal Pro.ert POLICY NUMBER 691 NA 3384 691 NA 3384 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES POLICY EXPIRATION DATE 07/30/87 07/30/87 Limits of Liability in Thousands (000) EACH AGGREGATE OCCURRENCE BODILY INJURY PROPERTY DAMAGE BODILY INJURY AND PROPERTY DAMAGE COMBINED sl,000, s1,000, s 100, s 100, s PERSONAL INJURY BODILY INJURY (EACH PERSON) BODILY INJURY (EACH ACCIDENT) PROPERTY DAMAGE BODILY INJURY AND PROPERTY DAMAGE COMBINED BODILY INJURY AND PROPERTY DAMAGE COMBINED STATUTORY $ S S S $ 21,000, s $11,600,000.00 C 90% Co—Insuran4 (ERCH ACCIDENT . Cancellation: Should any of the above descjrjbed policies be cancelled before the expiration date thereof. the issuing com- pany will endeavor to mail AS' days written notice to the below named certificate holder. but failure to mail such notice shall impose no obligation or liability of any kind upon the company. ACORD 25 (1-79) NAME AND ADDRESS OF CERTIFICATE HOLDER: City of Fort Worth Department of Public Works DATE ISSUED 11-06-85 • AUTHORIZED RE PRESENT ALIVE • THE BRANTS C: sr • T Rs71rniAif LAL1_ ry C:1 (J A (. L � COD►tS 1`��LDEENS LIOSLI 1.74" • • • Few i IT E eA I Sri c t' A L.__ L. i • • • 'I T/!i\ o o 76-A, s hS�— — A tie • • e ;.I 10' f• • • t0 1 ev • • 5 r ac C re / ) tt; c /A,1 o c xA • rii \\IJa1( s aoui • fk-- r) 1