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HomeMy WebLinkAboutContract 26861 CITY SECRETARY CONSENT AGREEVV FOR TEMPORARY USE OF PUBLIC PROPERTY STATE OF TEXAS COUNTY OF TARRANT TFHS 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 u1y authorize 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 A ,..� rn- n' .+°.>' 1/ _ �?.�:::�. .,y�,.,.� ,�' st •6 "-1,rw"_`� «s�s � � �1,=s' °r^F>`" EX � J`. 9 0 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 _.� �... � .... .. _ ..,_ n �(` 'l -ai•l'1�7/' •�•-,_n rtv �f"1 I?! ngfi rn?t<^ �ntal amount of said fee is :•ter=-t.. ,_-s.. f?:f�?.�. fj—` �� /^f�,�� A fes! "�" <J'C- �� — �� A m,.=�' "".._ .✓1t�f? Yid 1 _ f^�si 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 i provided, however, should the need for the encroachments g1d11LL(A 11CiCL111(AL1 aL uiV LlliW �c u c , v14:iiL..1— - - - _. i (I t _ ilk-)LiI) \ iL.♦ vi Jul.i:_ L.--<_-11�,w.., L-, -:1_. _- - .,_ ._1 . ..._. _ .. .. ._. Building Official of the City of Fort Worth, this agreement shall terminate. , � FAD 'vUu' Er 1.EIv I ) C"�:71?'tir & 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 tnrminatP Tnd r9mirel this nQreet-nent. 9. Upon expiration or termination of this agreement for any reason whatsoever, Grantee shall, at no expense to City, restore the publi uG�D rights-of-way and adjacent supporting structures to a condition RjM acceptable to the Director of Transportation and Public Works or his V , duly authorized representative and in accordance with then existing City 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 Irtspa56 UL ally' ULIM ualil"6kl U1 iiUUlliLy ill ' Ji1ii1--Li-111ili. .ii ii . i. : .LLi lJi 1V:.LUl-Ll Vit. V.�Lii 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 the laws of the State of Texas for Grantee's continued encroachment 0rP A,LL VlC0ED 5 (17V, G1 �'') R � I JCD�U.,�yy I�M ,/( 9 Y 9 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. - 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, 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 Certificate of Insurance is attached as Exhibit "A". Grantee agrees to submit a similar 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 UUL Ul Lily. UL,ilii3 L111L.i vI)iiuILIU113 UA Llil� i i''IL111- 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. 0 EXECUTED This day of , 2001. GRANTOR: GRANTEE: CITY OF FORT RTH ��os • ��P-4 6t ZnG. B .Z (! -e-S�- 0^ Z-0 BUILDING OFFICIAL l APPROV TO FQW4 AND LEGALITY: TITLE CITY TTO EY DATE: CI Y SECRETARY DATE: -77o- ffl4,L contract Authorization Date l:�u� " U=� 1I'r,1US�lf 10 �.BL STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, a Notary Public in and Fov the State of Texas oil this day personally appeared 551E r CAl: ,known to tile to be the person whose nanze is subscribed to the foregoing instrument, and acknowledged to j}ie that he/she executed the same for the purposes and consideration therein expressed, (is the act and deed of , and in the capacity therein stated. GIER MYHAND AlYD SEAL OF OFFICE this Of 20 . /z/ f t LISA M.TRWILLO i till t ;• w; Notary Public,State Of Texas a,t MY Commission Expires SEPT, 6 ,2001 'otarh Public in a or t 1.( STA TE OF TEXAS COUNTY OF TARRA NT BEFORE ME, the undersigned authority, a Notary Public in and For the State of Texas, o( this day personally appeared C. a4'.L ,known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the sante for the pi rposes and co sideration ein expressed, as the act and deed of , and in the capacity therein stated. G2LV N UNDER W HAND AND SEAL OF OFFICE this 6o,-71�day of L )to , 20j0J—. J C) Affiant Title 2p�PPY Pie` KAROLENE PITTMAN * * Notary Public Notary Public in and for STATE OF TEXAS 9�OF( My Comm.Exp. 12/31/2004 The State of Texas 12 �EONDO TEW.,'-O;),AR'YOCCUPAMYOFPU=pROFFM'-- MOFf THAN 3 DAYS 3 DAYS OR LMS • SiDEVINX X.016 X 4- -DAVS •ALM.-On STRTV FEE X.-,Ool;x 'RI.DAYS TOTAL C4 l 1 �i1 re) f \` / �i� (vim �4 4 d SAI ?I 2 2-0 W,, 0, 06/12/01 TUE 13;41 FAX 817 336 6501, 501 TUCKER AGENCY WJvvf WDDfM My S . ,MOMUA!", M rnoauoEA THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Tv'cXZa AGENCY INC. MOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR F.D. E01 2205 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, COMPAMES AFFORDING COVERAGE FORT WORTH, TX 76112 COMPANY OT PAM 011hRDIAN INSURANCE co. (E17) 336-8520 A IRSU RED COMPANY TWOS, S. BYRNE, INC. 3 AIG INSURANC14 COMPANY goo 4LWIT AVEIMM COMPANY FORT WORVE, TX 76102 `"i THE TEXAS FL�M (COMPGROUP ACO) COMPANY 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,TERM on coisiomcN or ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE BRAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED EY THE POLICIES OSSCR!BED HEREIN is SUBJECT TO ALL THE TERMS. —EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, co I PQLICYEFFECTIVE POLIOYDIFIRATION UNTO LTA TYPE OF MURANCE POLICY NUMBER DATE UWA)VrM DATE XWOOrM OFNERAL LLANIUTY GCNIBRA4AQWMATE $ 210001000 A X CONIVERCLAILGENEMLLIABfUTY RKD9100967 i 10101100 10/01/01 FROOLCM-1701117JOPAGG 2 21000,000 CLAIMS MADE [Z OCCUR Pn%SONAL&ADVINJUFY 5 11000.000 OWNERS&CONTRACTORS PROT TACH OCCLPAENCE Is 7.'000'ooc X PER PROJECT AGGRZGA= FIFE UAMAGFi("oow 100,000 I I I NEO W IA ure parmpl) AUTOMOBILE LIABILITY I A S ANY AL11`0 10/01/00 ID/01/01 I 1,000,000 ALL OWNEMAUTOS BODILY tluuRy A 4dWFIZZ5ULIP AUTOSP-) HIRED AUTOS I BOOLN INJURY A 'X j NON-OWNEOAUTCS I JPQr accideni) PPZ]Pk WY DAMAGE 6 GARAGE UABILITY AUTO ONLY-01A ACCIDENT 9 ANY AUTO OTHLIFITFMAUTO ONLY: EACH AMIDIENT I AGGREGATE S S(Cfti3 UABUTY IIIEACH OCCUAREW-1 III S010001000 5UMORELLA FORM 1 BE75!J6253 10/01/00 1D/01/01 AGGPRQATE S. 50.000lo00 (Fq,CfTHER THA"uM0AQtArQRM WORKERSCOWINSATION AND E ViIG STATUS FF EMPLOYERS'UAaww EL EACH ACC30ENT s 5001000 THE PROPFUETON i C PAPTNER&fC(ECjT?,/E x INCL TS70001C9002. 04/01/0;L 04101102 EL 13SEASE-30LOZY UL47T IS 5 c 0,0 0 D OFPCEM ARE; EXCL. et.usuEAsE-nk mwpjrm I s 501000 OTHER DUCRIPTION OF OPERA710MAOCATIONIVVIEwImi"AMIAL ITem3 RS: PURNSTT PARK -- C17Y OF FORT WORTH, =.IF-CATE HCLDER BURNETT 70'Jlf- OATION APR ADDITIOVAL nfSURZ-0 ON ALL PO'-IC'-ES EZC==-T WORMRA COM3cM-ATl0N- -WAMR OF SUBROGATION 13 PAYOR OF ClrZ OF POI;', WORTH, CZPT171T�TE Hc= 5; Burnett Foundation on all policies. !'104 3"OULD ANY OF THe ABOVE DESCRIBED POLICIES BE CANCE,I F REFON•THE EXPIRATION DATE THRAEOF,THE ISSUIND COMPANY WILL ENDEAVOR M VAR. 00*0701411 FOR- WORTH _U_DAYS WR17TEN NOIMIE TO THE CERVACATE HOLDER WMED 70 THE LEFT, XXITIATI'Umsl INC. BUT rAJLIURZ TO UAL SULCI MCMCF!SMALL MAPOSE NO OMJ"TX)U OR UARJUTV 717 'ZATT� S=T # 100 OF ANY KIKO W014 Tua COMPANY, TISAQW.M.oil upRESENT.-m-, FORT WORTH, Tx 7610Z AUTWRI2=IlCPMWff&TIvE/ TU R fil f o CITY OF FORT WORTH TRANSPORTATION AND PUBLIC WORKS STREET USE PERMIT DATE 6/11/2001 PERMIT# 12216 MAPSCO D.O.E.# NONE (if applicable) STREET BLOC FROM TO DATE TIME M-F TIME TIME BEGIN END RFGtN FND SAT. 1. l OTH STREET 60'WEST OF LAMAR 60'EAST OF LAMAR 6/12/2001 12/10/2001 2. 3. 4. 5. TYPE OF WORK TO BE PERFORMED.(check all that apply) ❑ RESIDENTIAL ❑ COMMERCIAL(SITE PLAN# CURB/GUTTER ❑ DRIVE APPROACHES ❑ SIDEWALK OTHER HANDICAP RAMP ❑ STORM DRAIN ❑ UTILITY(TYPE CONTRACTOR WILL UTILIZE THIS AREA FOR STAGING OF OPERATIONS TO REMODEL BURNETT PARK. CONTRACTOR IS LIMITED TO WORKING BEHIND TI IE BARRICADES DURING PEAK HOURS. CONTRACTOR MUST YIELD RIGHT OF WAY WITH ALL OPERATIONS TO THE SHUTTLE BUS. THIS PERMIT IS GRANTED TO THE CONTRACTOR UNDER THE FOLLOWING CONDITIONS: 0 ALL WORK IS CONSTRUCTED IN ACCORDANCE WITII THE CITY OF FORT WORTH'S"STANDARDS SPECIFICATIONS FOR STREET AND STORM DRAIN CONSTRUCTION MANUAL" 0 ADEQUATE TRAFFIC CONTROL,DEVICES ARE INSTALLED AND MAINTAINED AS SHOWN IN THE ATTACHED TRAFFIC CONTROL PLAN(TCP)SUCH AS SIGNS,BARRICADES AND WARNING LIGHTS TO SAFEGUARD THE PROPERTIES AND PUBLIC 0 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 0 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 0 SHALL BE PROVIDED ITIS UNDERSTOOD THAT 1110LA77ONS OF THIS PERMIT MAY RESULT IA'THE REVOCATION OF THE CONTRACTOR'S LICENSE CONTRACTOR IS REO[IIRED TO 11A VE THIS PERMIT AND TRAFFIC CONTROL PLAN AT THE WORK SITE AT ALL TIMES. THIS PERMIT IS ISSUED IN ACCORDANCE 617IT11 AN APPR01'ED TRAFFIC CONTROL PIAN(TCP) RYRNFS GFNFRAI C QNTRAUTORS C.4tI ` CONTRACTOR PERMIIF ISSUER EMERGENCY CONTACT NAME JQHN n BURKE 24-HOUR PHONE 817-692-1879 MOBILE PGR# CONTRACTOR IS REQUIRED TO HAVE THIS PERMIT AT THE WORK SITE AT ALL TIMES. THIS PERMIT IS ISSUED IN ACCORDANCE WITH AN APPROVED TRAFFIC CONTROL PLAN. INSPECTOR SIGNATURE FovWo"-MDATE OF FINAL .a�rrrrrrr--- 1 TEMPnPAr Y OCCUPANCY OF P"JB4lC PROPERTY iMCDR— ,H Tsv DAYS3 DAYS OR LESS INALK FEES SOFT. X X STREET FEE - ._._r.._._....SQFT. X X _.,_,,DAYS �> TOTAL. a i c4 1 R4r--k f�1 r/1 f /VeljGq � ' ' a' i � � ''• � � Sus .�� ._._._._.__ _____.__. ...._.._._..._ . :; �.._.�,..,�.._..._._... W/ / Olt-" L574 © „? _._.5'�� �i II Lomat ' I i I ROAD END WORK ROAD WORK AHEAD X I. X ONE LANE n ROAD AHEAD 0-0 ° u O ° Flagger ° Y ° I tY w O ° LLZ ° U-O I° mN 0 0 0 0 o ' o [Fe ers required whenever ` g traffic required w Flagger Required on ame lane. o � o CollectorlResidential � Streets.Additional Flaggers ° "' May Be Required Depending On rs shall be in constant o Field Conditions. ntact. gregrating around ONE LANE Stations. X ROAD stations must beAHEAD at night. ROAD X WORK END AHEAD ROAD WORK This plan is submitted for TCP. I certify this plan will be used for the following location(s): and that all channeliz' g d ices will conform to "General No es" as shown on the back. Sig �ature: Q Date: (Q A CITY OF FORT WORTH TYPICAL TWO WAY STREET TRANSPORTATION LANE CLOSURE AND Note: PLAN "D" PUBLIC WORKS --S��m�de�nr.�.el�ra�e�Qe�sPacing.` "GENERAL NOTES" I. 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 jab 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 Lengths L Feet Sp in_q Spacing Feet Posted 10' 11' 12' On a Taper On a Tangent X. Speed Formula' Lane Lane Lane (Feet) (Feet) MPH Offset Offset Offset Dimension 30 150 165 180 30 60-75 120 35L=WS2 205 225 245 35 70-90 160 60 40 265 295 320 40 80-100 240 45 1 450 495 540 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 1111Z� Barricade