HomeMy WebLinkAbout029476 - General - Contract - LINBECK CONSTRUCTION CORPORATION JAN-06-2004 TUE 03:32 PM T/PW T.E. STREET MGMT. FAX ,NO, 817 392 8941
P. 04
1 _ CITY SECRETARY
CONTRACT NO.
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
acting by and through its duly autb zed
� L'#jai zeq&ep ,hereina er referred to as
"Grantee". '
WITNES. SETH:
For and in consideration of the payment by Granter 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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JAN-06-2004 TUE 03:32 PM T/PW T. E. STREET MGMT. FAX N0. 817 392 8941 P. 05
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.
Z.
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
i
and amounts prescribed by the Building Code of the City of Fort Worth
I �
for temporary use or occupancy of public property. The estimated total
1
amount of said fee is
JAN-06-2004 TUE 03;32 PM T/N T. E, STREET MGMT, FAX N0, 817 392 8941
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5.
Grantee, at no expense to City, shall make proper provision for
the relocation and/or installation of an y existin or future traffic control I
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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 addidonal amount equal to such additional
cost as determined by.City.
6.
The term of this agreement shall be for days, from zco,-,to o2�-I 44 provided,however, should the need for the encroachments
granted hereunder at any time cease, Grantee agrees to immediately
It
notify City of such condition; and,upon receipt of such notice by the
Building'Cfficial of the City of Fort Worth,this agreement shall 'I
terminate.
• I
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JAN-06-2004 TUE 13:33 PM T/PW T. E. STREET MGMT, FAX N0, 817 392 8941 P. 07
.-, 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.
S.
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 detemaine 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 Grraniee 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.
1
Upon expiration or termination of this agreement for any reason
whatsoever, Grantee shall, at no expense to City,restore the public i
nights-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 City
specifications, and Grantee shall remove all barricades, equipment,
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supplies, materials or other property from said location. Grantee further
JAN-06-2004 TUE 03:33 PM T/PW T. E. STREET MGMT, FAX N0, 817 392 8941 P. 08
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 I
begin such repairs within thirty(34) 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 Y 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 Cityao enforce „v
penal sanctions prescribed by the Code of the City of Fort Worth and
the laws of the State of Texas for Grantee's continued encroachment
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JAN-08-2004 TUE 03-33 PM T/PW T. E. STREET MGMT, FAX N0. 817 392 8941 P. 09
upon the public rights-of-way following termination of this Consent
Agreement.
l0.
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 ublic; that City exercises such l
P � tY .
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 contras# .
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
1
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 orby any federal, state or local statute,
law or regulation.
13.
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JAN-06-2004 TUE 03:34 PM T/PW T. E. STREET MGMT. FAX NO 817 392 8941 P lU
Cxrantee covenants and agrees that it shall exercise all rights and
privileges granted hereunder as m 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 j oint 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,
employees, contractors, subcontractors, licensees or invitees of City; '
and grantee hereby assumes all liability and responsibility of City, its f
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JAN-06-2004 TUE 03:34 PM T/PW T, E, STREET MGMT, FAX N0, 817 392 8941 P. 11
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
i
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"N'. Grantee agrees to submit a similar
Certificate of Insurance annually to City on the anniversary date of the q� �1-!l '0` '` :f'`1
execution of this agreement.
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JAN-06-2004 TUE 03:35 PM T/PW T, E. STREET MGMT. FAX N0. 817 392 8941 P. 12
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.
1.7.
This agreement shall be binding upon the parties hereto, their
4
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'
. r
fees.
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JAN-06-2004 TUE 03.35 PM T/PW T, E. STREET MGMT, FAX N0, 817 392 8941 P. 13
EXECUTED This 2 2_+ day of ��ot Z $26%
GRANTOR: GRANTEE:
Y OF FORT WORTH L
CIT
BY BY.
BUMDINOOMCIAI. M,q�eK Li.Y�Na �sC.
APPRO TO FORM AND LEGALITY: ICKC&I 47 _
TITLE
C, TTO Y DATE:
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dry sEC;RETAR.Y DATE' -d
�����ii,• 1214 2CC�
contract Authorization
Date
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1 for= 3
STATE OF TEXAS
CO UAITY OF TARRANT.
BEFOREME,the undersigned authority; alVotaryPublic in and
Frlie State of Texas, on this day personally appeared
VLr^ . �es''��"'k ,known to me to be theperson whose
name is subscribed to the foregoing instrument, and acknowledged to the
that helslce e�ecrrted the sane for the rrrposes cr d cgrasiderat1 _1 tizereit�
expressed, as the act and deed of 23
and in'the capacity thereii:stated.
IVE1l7 UNDER PJq'HAAlD,1 D SEAL OF OFFICE this J day
Of
Affiant
Notary P cblic in and for
The State of Texas
.P ANGELA
W~ , rsTFZADA
Notary Pubjic
STATE OF TEXAS
y
� ' M'00m'EXP.08/21/2007
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JAN-06-2UU4 'VUE U3:3h PM '1'/PW T E STREET MGMT FAX NO 817 392 8941 P. 14
STATE OF TEXAS
COUNTY OF TA RANT
BEFORE ME,the undersigned authority,a Notary Public in and
For 4e.Siate of Texas, on this day personally appeared, -MQLJL
- ,known to me to be the person whose
name is subscribed to the foregoing instrument,and acknowledged to me
that helshe executed the same for the purposes and consideration therein
expressed, as the act and deed of ,
and in the capacity therein stated
IVEN UNDER MY HA"AND SEAL OF OFFICE this day
of
Af slant T9�OF�s
'i XPIR,,E,,,rr��,,•:
TUk
1
Notary Public In and r
The State of Texas
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a Contractors Name: L f v3 e,_Y
V Point of Contact:_ : IQ 114 M;
Phone Number: g 14.Ct3}.4:,13
< Building Permit Number:-PBo3 - 12 2(eC
_ Purpose for Closure:' 2A6i- b-UKPSOZ LACZIaj
Begin Date:nt f I& % oA End Date:CG fIa2g�e
-end coke. _
Type.ofTaper according to posted speed limit:
Tapers @ 30 MPH I Oft Offset 30ft minimum
Tapers @ 35 MPH loft Offset 35ft minimum
Tapers @ 40 MPH I Oft Offset 40ft minimum
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YZ � (2 �XZYy-� : /�170sF t �
130 S�
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b. v Pa*t4y x 2 i 3osi- K !.0 Altos ,
TF
1f.r S DAYS
DA1 S 0.11 LESS
SIDSIA!ALK r`L-s- �._ _SQFT. x X
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STI; � 'FEE �(C.J�.� SQ)Fl: n�OS X r iD
TOIAL
APPUCAW MUST CALL FOR A R CEIVE AN !� P TIbN AFlrEI'� CURIA ��
-� 7 APPROM E MS OR 4 TRUCTIONS IN PLACE,. �"�
r o -r-r- Pb c C;. CITY ��r- UY
R W 3RIM, YEN.
WI11IS CERTIFICATE OF LIABILITY INSURANCE page 2 of 3 01107DATE
/2004
PRODUCER 877-945-7378 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Willis North America, Inc. - Regional cart Center HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
26 Century Blvd. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
P. 0. Box 305191
Nashville, TN 372305191 INSURERS AFFORDING COVERAGE
INSURED Linbeck Construction Corporation INSURERA: Zurich American Insurance Company 16535-003
P. 0. Box 22500
Houston, TX 77227 INSURERB:
INSURER C:
INSURERD
INSURER E:
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
automobile liability policies, but only to the extent of the indemnity of the contract and further
subject to the terms, exclusions and conditions of the policy.
Coll:890117 Tpl:226638 Cert:3916577
Page 3 of 3
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25-S(7/97) Co11:890117 Tp1:226638 Cert:3916577
ROAD
WORK END
AHEAD ROAD WORK
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ARROW BOARD IF SPEED LIMIT
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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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and that all channelizing devices will conform to "General Notes" as shown on the back.
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a Signatur Date: pf 04-L&+,
0
CITY OF FORT woR TYPICAL TWO WAY STREET
TRANSPORTATION ONE LANE CLOSURE
AND Note:
PUBLIC WORKS See reverse side for General Notes and Device Spocin PLAN "2 41P,
� `'''''JU�'� I
ity of Fort Worth Transportation and Public Works Street Use Permit Page 1 of 1
FORTWORTH CITY OF FORT WORTH
TRANSPORTATION AND PUBLIC WORKS
STREET USE PERMIT
DATE 1`9/2004 PERMIT#48937 MAPSCO 77N D.O.E.#NA
(if apps=cable)
STREET BLOCK FROM TO I DATE Mon.-Fri.Time TIME TIME
BEGIN END BEGIN END SAT. SUN.
1.S MAIN ST 1550-1700 FELIKS GWOZDZ PL E ALLEN AVE 11/1212004 3/13/2004 24 HRS 24 FIRS 24 HRS
TYPE OF WORK TO BE PERFORMED:(CHECK ALL THAT APPLY)
RESIDENTIAL ID COMMERCIAL(SITE PLAN# ) n FUND RAISER
_
SIDEWALK APPROACHES OTHER 1,0 SPECIAL EVENTS
HANDICAP RAMP 0 STORM DRAIN D UTILITY(TYPE ) ❑BLOCK PARTY
LANE CLOSURE TO STORE DUMPSTER FOR WORK AT JPS HOSPITAL"OK PER ATTACHED TRAFFIC CONTROL PLAN""TAPER IS NOT
TO INTERFERE WITH THE BUS STOP,
THIS PERMIT IS GRANTED TO THE CONTRA CTORIAPPLICANT UNDER THE FOLLOWING CONDITIONS:
• CONTRACTOR IS REQUIRED TO HAVE THIS PERMIT AND TRAFFIC CONTROL PLAN AT THE WORK SITE AT ALL TIMES.
• THIS PERMIT IS ISSUED IN ACCORDANCE WITH AN APPROVED TRAFFIC CONTROL PLAN.
• ALL WORK IS CONSTRUCTED IN ACCORDANCE WITH THE CITY OF FORT WORTH'S"STANDARD SPECIFICATIONS FOR STREETS
AND STORM DRAIN CONSTRUCTION MANUAL"
• ADEQUATE TRAFFIC CONTROL DEVICES ARE INSTALLED AND MAINTAINED AS SHOWN IN THE ATTACHED TRAFFIC CONTROL
PLAN(TCP)SUCH AS SIGNS,STANDARD TYPE I BARRICADES SAFEGUARD THE PROPERTIES AND PUBLIC
• CITY TRAFFIC ENGINEER AND/OR INSPECTORS MAY REQUIRE ADDITIONAL TRAFFIC CONTROL DEVICES
• ALL DAMAGES TO PUBLIC OR PRIVATE PROPERTY,INCLUDING UNDERGROUND FACILITIES,AND FOR ALL PERSONAL INJURIES
ON WORK PERFORMED UNDER THIS PERMIT WILL BE THE RESPONSIBILITY OF THE CONTRACTOR
• A 24-HOUR DECISION-MAKING CONTACT REPRESENTATIVE AND PHONE NUMBER IN THE EVENT OF AN EMERGENCY SHALL BE
PROVIDED
• IT IS UNDERSTOOD THAT VIOLATIONS OF THIS PERMIT MAY RESULT IN THE REVOCATION OF THE CONTRACTOR'S LICENSE.
LINBECK GORDON ALDERMAN
CONTRACTORIAPPLICANT PERMIT ISSUER /• ��, ��Cl/���
EMERGENCY CONTACT NAME KEVIN 1MMING
24-HOUR 682-885-7481 MOBILE 817-937-7213 PGR# FAX#682-885-1498
PHONE
TRANSPORTATION AND PUBLIC WORKS DEPARTMENT
STREET MANAGEMENT SECTION
311 W 10th STREET
FORT WORTH,TX 76102
(817)392-6594 FAX(817)392-8941
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http:,//Ipwperniit.cfwnet.org/popupj)cmiit.asp'?permlt—ld=48937 01/09!2004
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ROAD
WORK END
AHEAD ROAD WdRK
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I I w ARROW SOMD IF SPEED LIMIT
rb+ ] N IS 40 MPH OR GREATER
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0 This plan is submitted for TCP. I certify this pl.on will be used for the following locotion(s):
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and that all chonnelizing devices will conform to "General Notes" as shown on the back.
o Signotu __.- .': ===="`- Date: Dy d 4/0'4
CITY OF FORT WORTH TYPICAL TWO WAY STREET
TRANSPORTATION ONE LANE CLOSURE
AND Note:
PUBLIC WORKS See reverse side for General Notes and Device S ocinq. PLAN "241R"'
2-aF 3
s
"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 SP acin S acin Feet
Posted 10, 11' 12' On a Taper On a.Tangent
Speed Formula* Lane Lane Lane (Feet) (Feet) X.
Dimension
MPH Offset Offset Offset
30 150 1 165 180 30 60-75 120
35__ L=60
fi
40 265 295 40 80-100 240
45 450 495 540 45 90-110 320
50 L DNS 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
❑ v Channelizing devices
Trailer mounted
arrow display
(—'-? Flagger
11 Barricade
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