HomeMy WebLinkAboutContract 14712 CITY SECRETARY
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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.
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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
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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.
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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
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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.
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}
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
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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