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HomeMy WebLinkAboutContract 26188 CITY :SECRETARY CONTRACT NO. _ P� 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 1#jQPr-L CoosTR.VGTioN Co2EbR.�'tLaN acting by and through its duly authorized AxkunuE U&E AW&IIFIUr M&CHIEF ti16 cAgr fx) .CHUM C-46E 7 , 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 1 o public rights-of-way as �V�,. .�ws: 510EwacKS �M» LgNES (3ouvO �� Foc N STI�eET TUNES srxsE7'. �Tf71�STURT Apo QALkouU yZeeT. PHgSE ZT Wmff- r OC2/50/900 330 EF}Si FDLW tf s sura tW Egq M4ty 'T6xAS, 7(DI o i ?H 3�2-8yi� CiRch"Ii; EEND CNN 91CIh.��t'RRU '`_ fid V DC 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 STMT : /GIS SF 417S Ry-% 0 t.0&oy- S Hca , , T"t_ FE E 00 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. Th term of this agreement shall be for (7S days, from: 9/13/06 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. CQ ` 4. 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 'NAI i;SCrpiD duly authorized representative and in accordance with then existing it y �� specifications, and Grantee shall remove all barricades, equipment, 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 enforceMD GQ U PECO NUNN penal sanctions prescribed by the Code of the City of Fort Worth and reIL, W, .r+FH� the laws of the State of Texas for Grantee's continued encroachment 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 rentalrC ����GQ[ iQ11 provided for by this agreement or by any federal, state or local statute, law or regulation. 6 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 '111 R � � �ECOOGD CNS''RNI MPY encroachment and uses granted hereunder, whether or not caused, in < whole or in part, by alleged negligence of officers, agents, servants, 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 GOND Building Official of the City of Fort Worth. A copy of such Certificate of ':;: Insurance is attached as Exhibit "A". Grantee agrees to submit a similar 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 reasonable attorneys' fees. 9 EXECUTED This r day of -'4211WO , 2000. GRANTOR: GRANTEE: CITY OF FORT WORTH BY: '' LQ d BY: BUILDI OF ICIAI-q +� - 000 APPROVEDtTO ORM AND LEGALITY: TITLE E'r q4� CITY/�TTORNEY DATE: CITY SECRETARY; DATE: 0© M& RULL)A L-0. Contract Authorization Date i�GOG'a�G�KOOto s,n 10 STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, a 1Votary Public in and For the State of Texas, on this day personally appeared ,known to the to be the person whose name is subscribed to the foregoing instrument, and acknowledged to the that fie/she executed the same for the purposes and consideration therein expressed, as the act and deed of , and in the capacity therein stated. IVE"UNDER MYH4ADAAD SEAL OF OFFICE this �� dqy of o Affiant BAICIA E2MM AG NOTARY PUBLIC State of Texas Aotary Public in and for oe^, o Comm. Exp, 01-03-200, The State of Texas STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, a Not-1,,Public in and For to State of Texas, on this day personally appeared L-, l)Lb4 k � YP_L12p ,known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed, as the act and deed of Linbeck Construction Corporation and in the capacity therein stated. G VEN �'lVDER MY HAND AND SEAL OF OFFICE this �7 day Of 20 L' �? Affiant ��}} DD� �� ex lee Title Notary Public in and for The State of Texas c U NDA BETH BUTCHER NOTARY PUBLIC c State of TOM ov GorrNn.Ems.10-29-2002 :�'Jb E 12 �'I—Z4—UU U8:52AM FXQM LInDeCK Lonstruction IV LLL-MRIV X11, rrulcln ruuciuu4 Et# ZOOa )QY50 B0 UO-9Z-.Lp vzei, nba A- 1'0 IIIDgo oreoon Capomdm of Tex.VH*uW n 81811 ONLY AND NO FiIM f41KR UPON[ TMIZ CERT 40ATE V.0.Box 47406. HOLDER. IM CAM DOIM NOT AIIdUM MMM OR Houktvn . TX 77227 AMIT THE APPORO® -DM 8 POL�CIIi- MMM. 17131961.9800 ANS'eAMURMNQ COVIMAGM *MwANVJ'U=%qV=n ItIaurance Gomp■rq e Road - --- FOAM GOi�AN9 ' B LIN02CK CONSTRUCTION CORPORATION P.O.sox U000 HOUSTON TX 77227 DANY UNION 51 T1.O 19 To CONTF/THAT 1'F LE POLI0115 OF INIURANON U6TE0 BELOW HAV!IM MUFD TO T*PP3 RED NAMED ABWE FOR THE POLICY KMD OSI MTTM, NOTW11'WANMNQ ANY RWMIREMBINT• Tr�N On ODNDf %M Op ANY 00WPACt ODocmENT WITH RGSPEGT To WHICH THIS CERMICAT8 MAY 0S UWEO OR WAY PSFITAIN. THE INUMANCE APPC!ROED BY THE rob ImsID HEANIN 19 VJRJECT 10 ALL TNN TERMS, MmIL IONS NO CONORIOPIS OF 8LICH POUCIM UMrM SHOWN MAY HAVE BUSH R 3XK-GD BYAIMA m ga=M GM POL11.V 71011 ILA rnr orMsBll�sas raL lcv nVr#ean OATS pOUMV" DA7! �/T1►1 1 E!IlfO A M0209090501 2"ar.1 i99 2 Zm 2.05 ,000 X 2.000.001 �,pyr�X ppCu,� i oO• ooa OwN9iva0pNnuC►�ra r'�• i.G0 G.000 100,D0� maommam BMW 1Q e0c epe A LASS" TEXAS TAP309090401 204MG-1999 000 A X •gyp /3 DAP209090301 20-DEG1990 2000 OCh41VlD dUwtlT B 1.000.001 Au.CiNNW Au1'01 DOOLrKt" s XN=JW AUTO6 mwwvihd X WMDAMM oo`.vQv . x Nadt�WIBD AUi1� •nrirrry v: s a•, u�alLmr 1Ar3�'LiA1�Pf<1 IM A NOf00111NC01PlNM7bNAflD C QBp90Z0'# >zaaP.cleoo 20D OSO XC6 W14 ilatAYRs'LW°Jt1Y 1•D00.00 TMININ EM" rIX INoI, 1 000 00 on�uwAPO 1,000:00 prtNell EXHIBIT Fort Worth P Projects �f NNOuw M�OT -MOVE DESOMM POLM S BE MGUc = glUOAE M dXPIMOM van 7H1 0491#0 COMPANY WU KKMVOR TO MA 90 No=To TI#a CMMMATE"OLnrN NAYID To Me Le". CIN 4F FT.WORTH QYT _ I s11C11 IOdT1CN LNAL1 WPOiQ NO 0YtJOtQ7foN OR WQMY 110MUR000N ITUDn ap if mg COWANY. na AER 92 RrPfIMWTA FoRTVVQRTH TX 76102 MP wza[ I 1 •!!li iiii!!!iil ii i!!l.iiiiiii!!!ii!!i lii iliiii�Iiil. iiiliiiiiiiliiii ■iii�iiiiili iiiiil iiil..ii iii�iiiiiir► •iiiiiiiliiiliiii iiiil.lii iiiiliiiii ilii iiii��liiil. iililirrlAwi.iiiili •iii/liiilil.'.T'TYi!!i!!!!■.!l�Iiiiiiiii� •iiiilL'L'.C�iiiiiiiii iiil�iiiiiii�liiiiiiiiii�%iiiii i!!. �l iii iiiiiiiiiii •iii.liiiiiili!!!!!!!!!.t!_iiiliiiiiir •iiiiiiiiiiiiiiii ilii iiiiliiiiiiii iiiii iiiiiiiiii i. !� ■ iiiiiiiii^iiitii ■ii_iv�iiiiir---7iiiiiiit.iiiiiiiiliil 1lfl�l� ���, ►i4#����w ■ 11!11 iii. `#�*4*,�•� 11�11 11 NOW 1-111 • • , � 111i oil l 11 1111' . ill `- fll`i;1l X111 1 - i��i�i�it�l���ir���s��■ �iS/i�iil�liirlii!!!!ii• .ilii iii i�rl t►w�lii iiiiiiii iii ilii i� ...siiiiiiiii i■ r.. L .. I t r- 1 OAD O A AD END ROAD WORK a I I .sz I � I I I I ( I I O I O O ! O • O I 6 �w 0 ° �Q ° I LLZ LL 6 �° p -m- ° o o ; 00 °J RIGHT LANE O I I CLOSED Q I I i O i AHEAD O x { I RIGHT LANE CLOSED D AHEAD ROAD ORK 3 I ROAD t t WORK ! I AHEAD o This plan is submitteJnr T�4, I certify this plan will be�,e�c��gr the following location(s): N SiIt��Ttt�= ' a;y and thaall cha eliziis s will conform to "General Notes" as shown othe b2ck. oW EXHIBIT Signature: Date: 1/7/0(.1 CITY OF FORT WORTH TYPICAL TWO WAY STREET e TRANSPORTATION ONE LANE CLOSURE AND Noce PUBLIC WORKS See rpy rse_side-foLGeneraLNDtes�l?eviceSPaciog— PLAN "All "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 �1nn o a channelizing devicesiV00po Trailer mounted arrow display Flagger I EEXHIBIT Barricade END I i N ROAD WORK I I I ROA ORK 0 0 I° ° ° O o I I ° 0 ❑ �Q I. ❑ O LLI C LL- ❑ wi Iz 0 D o p o _M 0 O J li I O I ' O RIGHTLANE o �RIGLHZY7SL ANE CLOSED AHED AHEAD ❑ ❑ N i I p I ❑ I , I O _ 00 RIGHT L�NE i\> CLOSED °° I -AH o ° / m I -10 I _ x CU ROAD -D.. y WORK I c AHEAD CU X X' RO f fJ I �W RK AI�EAD CD This plan is submitted for TCP. I certify this plan will be used for the following location(s): CD CD Ed and that all channeli ini devic form to "General Notes" as shown) o�I the back. o Signature: C- Date: I Z 0-0 E aB:IT CITY OF FORT WORTH TYPICAL ONE WAY STREET TRANSPORTATION TWO - LANE CLOSURE AND Note: PUBLIC WORKS See -reverse_s'ide_foLGener l N tesand_Devioe-.Spacing—] ` PLAN "B" U1� `6ll.'I ,:UUp Ul "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 CUT o Channelizing devices ` �= �- Trailer mounted Ola� "GIG� IQ�I arrow displayVal Flagger EXHIBIT 11 Barricade e !7