HomeMy WebLinkAbout025590 - General - Contract - Cook Children's Health Care System. CITY SECRETARY Q
� CONTRACT NO. ���� 1 �
CONSENT AGREEMENT
STATE OF TEXAS S
COUNTY OF TARFtANT $
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 City
Manager or duly •designated Assistant City Manager, hereinafter
referred to as the "City", and Cook Chi ldren's Health
Care Svstem
acting herein by and through its duly authorized
PrPCi flPflt
, 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
application charge set out below and the true and faithful per-
formance of the mutual covenants herein contained, City hereby
grants to Grantee permission to encroach upon, use and occupy
portions of the space under, on and/or above the streets, alleys,
sidewalks and other public rights-of-way as follows:
Voice and Data lines in two (2) 4" Conduits
as shown on the attached exhibit
,
���1�81�d ��C�� °�D
C��`� ��'CQ ° °�
�, �OG�, �C�.
'' .' .
The location and description of said encroachment is moze particu-
larly described in Exhibit "A", attached hereto, incorporated
herein and made a part hereof for all purposes.
2.
All �construction, maintenance and operation in connection
with such encroachment, use and occu�ancy shall be performed in
strict compliance with the Charter, Ordinances and Codes of the
City and in accordance•with the directions of the Director of
Transportation and Public Works of City,'or his duly authorized
representative. All plans and specifications therefor sha11 be
subjec � to the prior written approval of the Director of
Transportat�on and Public Works, or his duly authozized represen-
tative, but such approval shall not relieve Grantee of responsi-
bility and liability for concept, design and conoutation in the
preparation of such plans and specitications.
3.
Upon completion of construction and thereafter, there shall
be no encroachments in, under, on or above the surface area of
the street�s, a�leys, sidewalks and other public rights-of-way
9.nvolved, except as described herein and shown on the hereinabove
referred to Exhibit "A". � .
4.
Grantee, at no expense to City, shall make proper provision
for the relocation and/or installation o� any existing or future
..� �
ut�ilities 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 polit-
ical subdivisions. In the event that any installation, reinstal-
lation, relocation or repair of any existing or future utility or
improvements owned by, constructed by or on behalf of the public
or at public expense is made more costly by virtue of the con-
struction, maintenance or existence of such encroachment and use,
Grantee shall pay to City an additional amount equal to such
additional cost as determined by the Director of Transportation
and Public Works of the City, or his:� dul.y authorized representa-
tive.
5.
City may enter and utilize the referenced areas at any time
for the purpose of installing or maintaining improvements neces-
sary for the health, safety and welfare of the public or for any
other public purpose. In this regard, City shall bear no respon-
sibility or liability for damage or disruption of improvements
installed by Grantee or its successors, but City will make reason-
able efforts to minimize such damage.
6.
In order to defray all costs of inspection and supervision
which City has incurred or might incur as a result of the con-
struction or maintenance of the encroachments and uses provided
for by this agreement, Grantee agrees to pay to City at the time
this agreement is executed an application charge in the sum of
� �� � � �
oln-Y 1%� -P_l � ��,-e . Dollars ( $ �5�� ) .
i �
3
��
� 7.
� The initial term of this agreement shall be thirty (30)
years, commenc�ng on the date this agreement is executed.
8.
Upon the termination of this agreement for any reason what-
soever, Grantee shaLl, at the option of City and at no expense to
City, restore the public right-of-way and adjacent supporting
.structures to a condition acceptable. to the Director of
Transportation and Public Works, or•his duly authorized repre-
sentative, and in accordance with then existing City specifica-
� tions. -
9.
It is further understood and agreed between the parties
hereto that the City streets, alleys, sidewalks and other public
rights-of-way, including the portions of such streets, alleys,
sidewalks and other public rights-o�-way to be used� and
encroached upon as described herein, are held by City as trustee
for the public; that City exercises such powers over the stireets
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 publzc. It is accordinqly 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 the said portions of the streets,
al.leys, sidewalks and other public rights-of-ways to be used for
any other public purpose, including but not being limited to
�
underground, surface or overhead communa.cation; drainage, sani-
taxy sewerage, transmission of natural gas or electricity, or any
other public purpose, whether present�y contemplated or not, then
this agreement shall be automatically cancelled and terminated.
� 10.
Grantee understands and agrees that the granting o� any
encroachment 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 w�ll obtain all necessary
permission be�ore occupying such property.
- 11. ,
Grantee agrees to comply fully with all applicable £ederal,
state and local laws, statutes, ordinances, codes or regulations
in connecti.on with the construction, operation and rnaintenance 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.
13. �
Grantee covenants and agrees that it shal]. operate hereunder
as an independent contractor as to all rights and privileges
granted hereunder and not i as an officer, agent, servant or
employee of City; that Gran�ee shall have exclusa.ve control of
and the exclusive right to control the details of its operations,
and all persons performing s;ame, and shall be solely responsible
for the acts and omissionsl of its officers, agents, servants,
��. ;�
a
�
employees, contractors, subcontractors, licensees and invitees;
that the doctrine of respondeat superior shal7. not apply a5
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 offa.cers, agents,
servants and •employees, from� and against any and all claims or
suits for property damage or los�s and/or personal injury,
including death, to any and all persons, of whatsoever kind or
character, whether real or asserted, arisxng out of or in connec-
tion with, dixectly or indirectly, the construction, maintenance,
occupancy, use, existence or location of said encroachment and
uses granted hereunder, whether or not caused, in who].e or in
part, by alleged negligence of officers, aqents, servants,
employees, contractors, subcontractors, licensees or invitees of
City; and Grantee hereby assumes all liability and responsibility
for such claims or suits. Grantee shalJ. 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 cannec-
tion with any and all acts or omiss�ions of Grantee, its o£f icers ,
agents, servants, employees, contractors, subcontractors, licen-
sees, invitees, or trespassers.
. . ; ,
�
7.5 .
Grantee agrees to furnish City with a Certificate of
Insurance, naming Czty as certificate hol.der, as proof that it
has secured and paid for a po�.icy o� public liability insurance
covera.ng all public ri$ks related to the proposed use and
occupancy of public property as located and descri.bed in
Exhibit "A". The amounts of such insurance shall be not less
than the following: '
Property damage, per occurrence $100,000
Badily �njuxy, 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 ot such requizemen't. Such insurance policy
shall provide that it cannot be cancelled or amended without at
l.east ten (10) days' prior written notice to the .Building
. Official of the City of Fort Worth. A copy of such Certificate
of Ynsurance is attached as Exhibit "B��. Grantee agrees to
subma.t a similar Certificate of Insurance annually to City on the
anniversary date of the execut.ion of this agreement.
Grantee agrees, bznds and obligates itseJ.f, its successors
and assigns, to maintain and keep in foxce such pub].ic liability
insurance at all times during the ter•m of this agreement and
until the removal of al1 e ncroachments and the cleaning and
xestoration of the City streets. Al1 insurance coverage required
• herein sha].l,include coverage of all o£ Grantee's contractors.��
16 . � I ��� l
Grantee agrees to deposit with City when thia 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 s� recorded, the
original hereof shall be returned to the City Secretary of the
City of Fort Worth, Texas.
17.
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. 1
18. '
Grantee covenants and agrees that it will not assign all or
any of its rights, privileges or duties under this contract with-
aut the prior written approval of City, and any attempted assign-
ment without such prior written approval shall be void.
19.
This agreement shall be binding upon the parties hereto,
their successors and assigns.
EXECUTED this Y���i day of ���G�l,�! , �Gv�
, ,A �
CITY OF FOR WO �i, GRANTOR J , GRANTEE
;
B . � � -� � �---.-- By, ,`� .�r_ ����' jc���_
Y
t4ike Gro , Asst. City t4anager Russeil K. Tolman
A E5T:
President
� 0���� Cook Children's Health Care System
ity Sec ry � r� _ � � � `
� ._ _:
APPROj D�AS TO FORM AND LEGAI,ITY: Contract Authorizatfon
���4�� 1 - � � L?Cj
�'�Y��(ZU,I,�City Attorney ����
Date:
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, a Notary Public in and
for the State of Texas, on this day personally a�peared
�iike Groomer known to me to be the person whose
narne is subscribed to the foregoing instrument, and acknowledged
to me that he/she executed the same for the purposes and consider-
ation therein expressed, as the act and deed of the City of Fort
Worth, and in the capacity therein stated,
� GIVEN UNDER MY HAND AND SEAL OF OFFICE this 21st day of
Sevtember , j, 9 99
• ary Pub ic in aY for
, the State f xas
�..a.,�.�...►e,
oa*61V1"°'e� ��F�a�H .EAN� O�LE
NOTARY PU�LlC
� � � State of iexas
"�'o���� Cornm. Exp.01-29-20J2
<� ,o, , „ �,,,, a � .. ,,
Na��t2lzv
. .- �
�
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, a Notary P,ublic in and
for the State of Texas, on this day personally appeared
uussell K. Tolman , known to me ta be the person whose
name is subscribed to the foregoing instrument, and acknowledged
to me �hat he/she executed the same for the purposes and consider-
ation there�n expressed, as the act and deed of
President , and in the capacity therein stated.
GIVE UNDER biY HAND AN EAL OF OFFICE this
�/,�.Pfi'1�� , 19 �� .
/ day of
e
� � � KiM��RI�� '�(, WAT$QN
,� t�ot�ry Public
87ATE 4F TEXAS
�''° o''� My Camm. Ezplras 04-28-2003
����
�������`°`.°�1 --
otary Public �.n and for
the State of Texas
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PROPOSED ENCROACHMENT � ��.---10'
FOR VOICE & DATA UNES t%
(2) 4" CONCUITS WITH 3' OF COVER ��
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LOTS 1- 6, 20 AND
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GRANDVIE�P ADDITION
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City of Fort Worth, Texas
�I��yar And C,�[111c11 �01�1�1u111�At"fa11
DATE REFERENCE NUMBER LOG NAME PAGE
01/25/00 **pZ_21'j� 06HUM I 1 of 1
SUBJECT ENCROACHMENT IN HUMBOLT STREET—VOICE AND DATA CONDUIT UNDER
- HUMBOLT STREET � � "
RECOMMENDATION: .
It is recommended that the City Council authorize the City Manager, or his designee, to enter into a
standard consent agreement with Cook Children's Health Care System authorizing the installation of a
voice and data conduit under Humbolt Street just west of Seventh Avenue and the alley to the west of
Seventh Avenue and north of West Pulaski Street.
DISCUSSION:
Cook Children's H,ealth Care System, through its engineer, Jim Dunaway and Associates, is requesting
authorization to install an underground conduit under Humbolt Street just west of Seventh Avenue and
the alley to the west of Seventh Avenue and north of West Pulaski Street. The purpose of the conduit
is to provide voice and data communications from the hospital to new offices at the corner of Seventh
Avenue and West Pulaski Street. The Encroachment Committee has reviewed and recommended
approval of the application.
This encroachment is located in COUNCIL DISTRICT 9.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that this action will have no material effect on City funds.
MG:j
Submitted for City Manager's
Office by:
Mike Groomer
Originating Department FIead:
Ann I{avich •
Additional Information Contact:
Ann Kbvich
I FUND I ACCOUNT �
� (to)
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6140 I
8901 � (&om)
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8901 �
CENTER I AMOUNT I CITY SECRETARY
APPROVED
CfTY COUNCII
JAN 25 Z000
�.. �'�1
City Secretary oi the
Citq of Fort Worth, '�ex.»s
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APPLICANT: COOK CHILDREN' S HEALTH SYSTEM
LOCATION / ADDRESS: W.HU�IBOLT AVE. just WEST OF
SEVENTH AVF„�(!�
COUNCIL MAPSCO:
DISTRICT: 9 �� H
REMARKS:
City of Fort Worth - Departmeni o/ Development
ENCROACHP•1ENT
LOCATION