HomeMy WebLinkAboutContract 26170 C 004;wy foo aCITY i
CON R CT NO Y oCQl7D
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
L A �a- � 7t Ll
acting by and through its duly authorized A-\
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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 performance 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:
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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 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
for temporary use or occupancy of public property. The estimated total
amount of said fee is I On
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,
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 LL days, from
to y provided, however, should the need for the encroachments
granted hereunder at any time cease, Grantee agrees 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.
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7.
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". This agreement shall
not be construed as the granting of a permanent 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 making inspections 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 existinity �� �� �,�;v,J��D
�, �, 111011EVI
specifications, and Grantee shall remove all barricades, equipment, (Ibnl u ��' °�
71
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supplies, materials or other property from said location. Grantee fu
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
specifications.
In the event that Grantee fails to comply with the covenants herein
contained with respect to such 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 enfcprce'
penal sanctions prescribed by the Code of the City of Fort Worth d
the laws of the State of Texas for Grantee's continued encroachment l7l�A ifs
5
upon the public rights-of-way following termination of this Consent
Agreement.
10.
It is further 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. -~
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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,
�r�,
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 $2501000
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 (30) 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 t a similar
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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 this 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. Q1 �uG�D
EXECUTED This day of �� , 2000.
GRANTOR: GRANTEE:
CITY OF FORT WORTH
B
BU LD OFFICIAL
APPROVED TO FO AND LEGALITY: LLL
TITLE
CIT TTORNEY DATE: C
TY SECRETA DATE:
Contract Authorization
Date
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STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, a Aotary ublic in and
For tare S1 to of Texas, on this day personally appeared .
— /'t� I ,known to nre to be thepe soft whose
name is subscribed to theforegoing instrument, and acknowledged to file
that he/she executed the sante for the purposes andfonsiderafion therein
expressed, as the act and deed of
and in the capacity therein stated.
T
IVE! ` UYDER AfYMArD AAD SEAL OF OFFICE this da_v
of
� Y w �acu a¢►m AGWLMu'
NOTARY PUBLIC lVota itt attrl or
* State of Texas , rl'Public
f
Comm.Exp. 01-03-200' The State of Teras
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STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, a Notary Public in and
F
oJhe State of Teras, on this day personally appeared
r�{ar, .Ca ,r4 ,known tome to be the person whose
name is subscribed to the foregoing instrument, and acknowledged to me
that he/she executed the same for the urposes and consideration therein
expressed, as the act and deed of � t-hl I,a i rap ,
and in the capacity therein stated.
GI,PTN UNDER MYHAND AND SEAL OF OFFICE this 0�'L day
Of 1 20A/ _.
Affiant -
Title
BRENDA I NUNN Notary Public in an for
LIC
STATE OF TNOTARY BEXAS The State of Texas
N'Teof�+� My Commission Expires 7-10-2001
LIC
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Sent by: Laird Development, LLC 8177321,121 ; Ud/J1/UU J:4FirMiJet�jx Tf4ycjraye cfc
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IPRccUCER THIS CERTIFICATE 13 ISSUED AS A MATTER OF INFORMATION
Manning B. Shannon Insurance Services, ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
5115 McKinney Avenue ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
Dallas, TX 75205-334 COMPANY
213-515-9991 _ A Maclean Oddv & Associates
INSURED
COMPANY —
Laird Development LLC B
4609 Harley Avenue COMPANY
C
Fort Wcrth, TX 76107 COMPANY
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TrIIS IS TO CERTIFY THAT THE PCL)CIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FORTHE POLICY PER'OC
INDICATED.NOTWITHSTANDINGANY REQUIREMENT,TERM OR CONDITION OF ANY COIJTRAC7 CR OTHER DCCUAAENT%NTH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCFISED HEREIN IS SUBJECT TO ALL THE TERMS.
=XCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMTS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
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SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
Dedra Mosley EXPIRATCN DATE TrCRQOF, THE ISSUING COMPANY WILL GkDEAVOR TO MAIL
Development Department, City f Ft W 3v
P P Y ooronr5 WRITTEN NOTICE TO THE CIDll1 FIGT!HOLDER RANCID TO rr2 LEFT.
1000 Throckmorton Street BUT FAUWRr.TO MAIL SUCH NOTICE SHALL ILIPOSE NO OBL ATION OR LIABIUTY
Fort Worth, Texaz 76102 Of ANY K'hD UPON THE CCAW ITS AOENTB OR REPRESENTATIVES.
817-671-8115 AUTh�PWASENT.ATIVEAp.QRDZ5$111,951. : fir +�1'!4� r1s ,I,
EXHIBIT
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CD This plan is submitted
/for TCP. I certify this plan will be used for the following location(s):
co and that all cha " eli ing,devi °es ,ill ' inform to "General Notes" as shown on the back%,[�.�U���
iLi . 1C7�f nP
o Signature: ti/ Date:
CITY OF FO T WOR H TYPICAL TWO WAY STREET
TRANSPORTATION ONE LANE CLOSURE
AND Note
PUBLIC WORKS
See rev rse-side-fQLGeneraiivates and De-vicespacing— PLAN "A"
EXHIBIT
v
"GENERAL NOTES"
1. All channelizing devices shall be in accordance with the current edition of the Texas Manual
on Uniform Traffic Control Devices.
2. All Traffic Control Devices shall have working visible warning lights as required in
accordance with the current edition of TMUTCD.
3. For Temporary Situations, when it is not feasible to remove and restore pavement
markings, channelization must be made dominant by using a very close device spacing.
This is especially important in locations of conflicting information, such as where traffic is
directed over a double yellow centerline. In such locations, channelizing device spacing of
10 feet is required.
4. For Lona Term Stationary work, all conflicting pavement markings must be removed and
centerline striping provided where two way traffic is in adjacent lanes.
5. Contractor shall provide sidewalk closure, crosswalk closure and/or walkway bypass
wherever pedestrian movements are affected by construction activities. All sidewalks and
crosswalks shall be accessible when contractor is not working unless otherwise approved by
the City Traffic Engineer.
6. The use of trailer mounted ARROW DISPLAYS may be required on all lane closures. The
contractor shall provide one (1) stand-by unit in good working condition at the job site, ready
for use, if his operation requires 24-hour a day closure set-ups and if required.
7. City Traffic Engineer and/or Inspectors may require additional traffic control devices.
TYPICAL TRANSITION LENGTHS AND
SUGGESTED MAXIMUM SPACING OF DEVICES
Minimum Desirable Taper Suggested Maximum Device Suggested Sign
Len the L Feet Sp acin Sacin Feet
Posted 10' 11' 12' On a Taper On a Tangent
X.
Speed Formula* Lane Lane Lane (Feet) (Feet) Dimension
MPH Offset Offset Offset
30 150 165 180 30 60-75 120
35 L=WS2 205 225 245 35 70-90 160
60
40 265 295 320 40 80-100 240
45 450 495 540 45 90-110 320
50 L=WS 500 550 600 50 100-125 400
*L=Taper length in feet W=Width of offset in feet S= Posted speed
Note: Buffer Zone will be 25 feet(maximum). LEGEND
0 o Channelizing devices
Trailer mounted
arrow display
Flagger
Barricade
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