HomeMy WebLinkAboutContract 26122 CITY
CONTRACTETAR -
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
Offx4af,-h:�.,rinafter referred to as the "(ity` nd
acting by and through its duly authorized
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 folio s: �O /o
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
r�TVE91),MGY
FT. � i�.
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 days, from
to _ _, 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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3
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 existing C15 V LC L �CU
specifications, and Grantee shall remove all barricades, equipment, MTV�� 1 FI
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C711,11111
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a '�l��J�Il.i�f�p %r�o
supplies, materials or other property from said location. Grantee further 4
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 enforce
penal sanctions prescribed by the Code of the City of Fort Worth and jPECOPIE
elliNlml Ell
the laws of the State of Texas for Grantee's continued encroachment o ���
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. jMl UGkL F CUUbb
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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
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whole or in part, by alleged negligence of officers, agents, servants, r 1' -Tul
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 $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 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 Certifi 0A PIE10 EM
Insurance is attached as Exhibit "A". Grantee agrees to submit a si ilk
8
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 res
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Def ct!I
fees.
9
EXECUTED This day of ) 2000.
GRANTOR: GRANTEE:
CITY OF FORT WORTH ti
BY: BY:
BUILDI O FICIAL e. 2 001
APPROVED TO FORM AND LEGALITY::j±!4�
TITLE
.Cl ATTORN DATE:
CITY SECRET Y DATE: '00
pt I
)QeD41 Pao
Contract Authorization
Date
D
NEUIN
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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 appeared
,known to me to be the person whose
frame is subscribed to the foregoing instrument, and acknowledged to tyle
that he/she executed the sainefor the purposes and consideration therein
expressed, as the act and deed of ,
and in the capacity therein stated.
IVEN UNDER AfYHAND AND SEAL OF OFFICE this __L— day
of
o
Affiant 56ri(c LAN f-XAq
uir /
Notary Public in acid for
The State of Texas
v icy BRICIANOTARY
F TM PUBLIC
State of Texas
i
oF't Comm. EXp.01-03-2001
11
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R W01)F.4a0 7lsls' .
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE!SIE, the undersigned anthoritti•, a Notary a lrc in urd
For the tate of Texas, on this daiv personally appeared 'c 2L1'
C ��'► ,known to rue to be the person whose
rrarrre is subscribed to the foregoing instrument, and acknowledged to me
that he/she executed the same for the purposeAand co sid ation therein
expressed, as the act and deed of_1/�'c
and in the capacity therein stated.
n
GI VEN UjVDER Al Y HAND A.,VD SEAL OF OFFICE th is day
Of
Affiant
JUANITA JOYCE JEFFERSON J
Notary Public
state of Texas !N6tary�Public in rd for
.„ Comm. Expires 06-28-2003 The State of Texas
From: DARLENE LOONEY At: BOLEY•FEAT HERS TON To: CITY O; FT WORTH Fax* (940)322.2131 Date:B/1/00 06:45 PM Page 2 of 2
ACORD�, CERTIFICATE OF LIABILITY INSURANCE DATE`" �°"''
! CSR GL
PRIME 1 08/02/00
PRr:;oUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Boley Featherston Insurance HOLDER THIS CERTIFICATE DOES NOT AMEND,EXTEND OR
P. 0. Drawer 10 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Wichita Falls T% 76307 COMPANIES AFFORDING COVERAGE
Boley Featherston Insurance COMPANY
PIIDne NC 940-723-7111 Fu No 940-322-9549 A Nautilus Insurance Company
n6i.'REO --
COVPAt.Y
B
COMPaN'r
Prime Construction Company C
905 N Sylvania Ave CCMPMY
Fort Worth TE 76111 D
COVERAGES
THIS IS:TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TEFW'OR CONDITION OF.ANY-CONTRACT PR OTHER DOCUMENT'VJITH RESPECT TO VyhICH THIS
CERTIFICATE MAYBE ISSUED OR MAY PERTAIN.THE INSURANCE AFFORDED BY THE MLICIkS DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,-
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAMS. `
CO TYPE GF INSURANCE NU'ItWMSER POLICY EFFECTNE I PO�!C'l EXPIRATION LIME S
`� I CATE(MiA/DO1 V) DATE(MM/COAYYj
GENEPa LIAB.LTFY I I GENEPALAGGREGATE S 2,000,000
A X CCMMERCiALGENEPALUABILTY NC117325 05/15/00 03/15/01 PROG!'TS-COMP/OP AGG 42,000,000
CLAILG MADE OCCUP. PERSONAL&AD'.'FLA•P.V S 1 000,000
O'.MNEPt'S 8•:0NTRACTOR'S PROT EACH 3=FRENCE S1,000,000
__ FI RE DAMAGE�ArIOTIEPre) 350,000
MED E'+P(Any ms pe,S.I) $1,000
AUTOMOBILE LIA UrY
WY AUTO CGMBINED 3N.-LINT S
A.L OVAJEO AUTOS
BOO;LIY IPUUP S
SCHF_OULED AUTOS (Per per -Il
HtFECAUTOS
BOCILV INJURY 3
NON-O%NNED AUTOS (Per acr�dent)
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PROPERTY CAML+GE S
GARAGE UABLf^! AUTO ON'_Y"EA ACCOEI.T I S
ANY.AUTO I OT-IFR TIMI AUTO ONLY
EACHACCIDENT 3
AGGREGATE 3
EXCESS LABILITY I EACH OC C LPPENCE Y
UALRELLA FORM I AGGREGATE S
OTHER TI-M UVE)RELLA FORM ( 3
4 ORKERS COMPENSATION AND WC j STUA,'-3 EEP O -
TORY N7T
EMPLOYERS LABILMY
EL EACH ACCiDEFIT q
THE PROPRIETOR, INCL I I EL DISEASE-POLICY UMi 3
PARTNERS,EIECUTNE
OFFICERSARE EXCL EL DISEASE-EA ELIPLOYEE S
OTHER
EXHIBIT
DE:3CRIPTION OF OPERATIONS&OCATiDN3"r:HICLESSPECPL ITENIS
CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED ON THE GENERAL, LIABILITY
POLICY
CERTIFICATE HOLDER _ CANCELLATION
CITYFO3 SHOULD AMV OF THE ABOvE DESCRIBED POLLICES BE CANCELLED BEFORE TI-'E
E.,LPRATON DATE THERECF.THE 69JING COMP.V,'\lMLL EtIDEAVOR TO MAUL
CITY OF FORT WORTH 30 OAVS WRITTEN NOTICE TO THE-CERTIFICATE HOLGcRNAMEOTO THE:EFT,
TRANSPORTATION 6 PUBLIC WORKS
1000 THROCRMORTON STREET BUT FAILURE TO AWL SUCH NOTICE SHALL IMPOSE NO OBLICATION OR LIABILITY
FT. WORTH TY 76102-6311 OF
AlftK'NDL*bN THE COMPANY.ITS ASENTS OR REPRESENTATNE3
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o This plan is submitted for TCP. I certify this plan will be used for the following location(s):
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M and that all chann ng device ill con to "General Notes" as shown on the back.
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CITY OF FORT WORTH TYPICAL TWO WAY STREETTRANSPORTATION ONE LANE CLOSURE
AND dote_ _._._ ___
;eercerse-side for GenemLN tes and Device�p cing �'A"
PUBLIC WORKS i �, l
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"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 Long 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 Spa inSpacing 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 Ghannelizing devices
Trailer mounted
arrow display
7=0
Flagger
-=i Barricade