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HomeMy WebLinkAboutContract 30461 Jul 19 2004 4: 09PM RJ GRIFFIN & COMPANY 8178821195 P. 5 CITY SECRETARY �ONTRACT NO. CONSENT AGRUMENT FOR TEMPORARY USE OF PUBLIC PROPERTY STATE OF SAS COU='OF TARRANT TIES AGREEMENT is made and entered into by and between - the'ail of fro—ft-North, a mumc�pal carporatian of Tazrant bounty, easy-actinghereiu-bp�=I- r=ugh-its-duiy-autb ori� ding . Official, herina#ter referred to as the "City"' ander_ .;P -"A acting by and through its duly authorized..; l �ro j�� �� �r:►,��.� r �' hereina$er referred to as "Grantee". . WITNESSETH: For and in consideration of dxe payment by Grantee of the charges set out below and the true and faithM performance of the mutual covenants herein contained, City hereby grants to Grmtee permission to temporarily encroach upon, uses and occupy portions of the space under, on and/or above the streets, alleys, sidewalks or other publicghts-of-way as foIlows:. des;o-1 It rssj.n L� - � i Jul 19 2004 4: 1OPM RJ GRIFFIN & COMPANY 8178821195 P- 6 ' 1 ' I 1 The location and description of said encroachment is more particularly descn`bed in F..xbibit `B attached hereto, incorporated herein and made a part hereof for all purposes. 2. An use and occupancy of public streets, alleys, sidewalks or other rights-of--way under this agreement shaD be in strict-=Tlianu with the Charter, Ordinances and Codcs of City and in accordance with the &=dons of the Building Official and thc.Director of Transportation and Public Works of Oity. 30 Upon expiration of this agreement and the privileges granted hereunder, there shall be no encroachment by Grantee in, undcr, on or above the evrface of the public rights-of-way involved. 4. Gm mtee 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`T", Said fee is calculated in the mareY and amounts pr pscnixd by the Building Cods of the City of FortWorth for temporary use or Qccupan,cy of public pxc7petty. The estimated total amount of said fee is lee. 1.2 _ _ - Jul 19 2004 4 : 10PM RJ GRIFFIN & COMPANY 8178821195 P• 7 Crantoe, at no expense to City, shalt make proper provision for the relocation and/or installation of any exacting or f=e ttaffc control devices or other improvements acted by Mch encroachment, use and occupancy,mcluding 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®y egg or futme traffic control device or i.r:provement owned or constructed by or on behalf of the public or at~public expense is made more costly by vixtue of the existonee of such encroachment and use, Grantee shall pay to City as additional amount equal to such additional cost as determined by.City. 6. The term of this agreement shall be for /2 days, tc�. &jr 3/ - rovided, however,kcd the Aoewd for the cncroachmec.ts VMW hereunder at any tiro 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 ' te�ninate. r Jul 19 2004 4 : 11PM RJ GRIFFIN & COMPANY 8178821195 P. 8 7. It%s expressly understood and agreed that this Consent Agreernent is for a temporary encroachment in,under, over and upon the public property as located and described in E✓ hibit"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-cf- 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 shad. give Grantee notice of such breach. Should such breach not be corrected by Grantee within twenty-four(24) hours of receipt of the notica, or within such shorter period cf time as deemed necessary by the Braiding Official for the protection of public health or safety, City may terminate and cancel this agreement. 9. Upon expiration or ternineon of this agreement for any reason whatsoever, Grantee sha11, at no expense to City,restore the public rigs-of--way and adjacent supporting structures to a condition acceptable to the Director.of Transportation and Public Works a his 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. Granted further Jul 19 2004 4: 12PM RJ GRIFFIN & COMPANY 8178821195 P. 9 1 covenants and agrees that for a period of one (1) year after the J 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 Grantea'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. Th 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 prescnibed herein, and.City skull not be responsible far trespass or any other damage or liability in coimection with such removal or restoration. Grantee shall reimburse City for the cost and expense of such removal and/or revairs immediately following billing for same by City. Nothing heroin shall be construed as a waiver by City.to enforce penal sanctions prescribed by tho Codo of the City of Fort Worth and the laws of the State of Texas for Grantee's continued encroachment ' �r Jul 19 2004 4 : 13PM RJ GRIFFIN & COMPANY 8179921195 P. 10 upon the public rights-of-way following tem-dnat on of this Consent I!. Agreement. 10. It is further understood and agreed between the parties hereto that City holds the city streets, alleys, sidewalks and other public ri.gbts-of= way;including the portions of such streets used and eincroa he"diipoii as descnbed herein, as trustee for the public; that City exercises such powers over the streets as have bear 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 aad benefit of the public. It is accordingly agreed that if the governing body of City, to wit, its City Cozmcil, should at any time during the term { hereof determine in its sole discretion to use or cause or permit to be used for any publid purpose the said tncroachcd portion of the.straets, then this agreement shall be automatically canceled and tmminated. . 11. Create~ agrees to comply frilly with all applicable federal, state and local laws,statutes, ordinances, codes or regulations in conn.ectim with the construction, operation and maintenance of said encroacbments and uses. 12. Grantee agrees to pay prormdy when due all fees, taxes or rentals provided for by this agreement orby any federal, state or local statute, law or regulation, -- 13. ��1' '4r Ai Jul 18 2004 4 : 14PM RJ GRIFFIN & COMPANY 81"7882119S P. 11 Grantee covenants a4d 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 shO 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 ar joint enterprise between City and Grantee. 14. �r.,..��i.�li1GD►3 CO—V 1.A.G�LYT-S-. 1'F.d.lA47fREES TO D1 DZW' D-Y r AND DOES HEREBY MEMNIFY,HOLD H.ARWESS AND DEFEND CITY,PI'S Off' MS, ADEN I'S, SERVANTS AND ENTLOYEES, FROM AND AGAINST ANY AND ALL CLAS OR SUM FOR PROPERTY DAMAGE OR]LOSS AND1OR PERSONAL INJURY,INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WKETHER.REAL OR ASSERTED, ARISING OUT OF OR IN CONINECTTON W rH, DMEC'ILY OR INDIRECTLY,THE N AEI�TENA NCE, Jul 19 2004 4 : 15PM RJ GRIFFIN & COMPANY 8178821195 P. 12 OCCUPANCY, USE, EMSTENCE OR LOCATION OF SAID ENCROACEDMNT AND USES GRANTED HEREUNDER, WHETHER. OR NOT CAUSED, LN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AG•ENT", SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES OR IIYVME.S OF CITY; AND GRANTEE HERE]B'Y ASSUMES ALL LIA]BILM AND RESPON'SIBILM OF CITY,ITS OFFICERS,AGENTS, SERVANTS AND Elo9.I'LOY EES, FOR SUCH CLAIMS OR SUITS. GRAN'T'EE SIAL LIKEWISE ASSUW ALL LIABE=AND (RESPONSIBILITY AND SHALL INDEYL Y Crl'Y FOR ANS AND ALL INJURY OR DAMAGE TO CITY PROPERTY, ARISING OUT OF OR IN CONNECTION WITH ANY AND ALL ACTS OR ONESSIONS OF GRANTEE, ITS OF dCERS, AGEN'T'S, SERVANTS,EIdTPLOYEES, CONTRACTORS, SUBCONTRACTORS,LICENSERS, MV ITI'EES OR TRESPASSERS. 15. Grantee agrees to furnish City with a Certificate of Insurance, naming City as cerEfiCate 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 '93, The amounts of such insurance shall be not less than the following: Property damage,per occurrence $100,000 t�� Jul 19 2004 4: 17PM RJ GRIFFIN & COMPRNY 8178521195 p. 13 --- Bodily injury, perperson $250',OGG . . , .. .. Bodily injury or death, per occurrence $500,000 With the understanding of and agreement by Grantee that such insurance amounts.shail be revised upward at City's option and that Grantee shall so revise such amounts immediately Mowing notice to grantee of such requirement. Such insurance policy shall provide that it cannot be canceled or amended without at least thirty (3 0)days' prior written notice to the Blinding 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 Inswa ace. 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 fin ,rance at all times during the term of th is.agreemmt and until the remohvgl of all encroachmt s•.. 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. '.,�f Jul 19 2004 4: 17PM RJ GRIFFIN & COMPRNY 8178821195 z cs. Should any actio-m, wlh,cther real ar asserted. at [aw or inn eauizy, anis: out of the te-ims and conditions of This ageement or out, of the use and occupancy of City property as permitted her eundea-, venue for said action shall be in Terrant County, Tex--;. In any action brought by City for the enforcement of the obligations of Crr itee, City shall be endued to racover interest and rea_sorble Ettomeys' �G F.}IMCUM This eky of 'r'�, 1p0e GRAUNTOR: ME: CITY OF FORT'WOR 4.� aY der Po,�e. BunmNo O T 4i. APPR TO F0RIM AND LEGA-LIT Y: s r tl1 T� Jsf'Ci, A r r f i`NEY DATE: MIdAJN� ` CMSECREli&Y DATE: oo Iw:L L Contract Authorization Date �p STATE OF TEXAS COUNTY OFTAR.WIT. BEFORE ME, the undersigned authoriV, a NotaryFublic in and For the State of Tc as, on this day personally appeared Ln'N ,kno}vn to rite to be tlteperson fahose name is subscribed to the f� oregoin,,instrument, and acknowledged to nie that helshe executed the sante for the.purposes and consideration therein expressed, as th a act an d deed of. and in the citprrcity therein stated IYEAr UNDER MYHAArD AlYD SEAL OF OFFICE this 1 � day of 20� Affiant ' ANGELA ESTRADA Notary.Pub c in and for 111nN� Notary P wk STATE OF TEXAS The State of Texas 1lyCam.Ew.08i2112007 I.I STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, a Nota Public to and For the Stale of Texas, on this day personally appeared e ,known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to the that he/she executed the same for the purposes and consideration therein erpresse:4 as the ad and deed of Ups and in the capacity therein stated N UNDER W HAND AND SEAL OF OFFICE this day Of c1� "•P DONNAi3RISTER n- '_: - otarr(public,$tate of Texas AAq,,,,t ;;'•`; `-� My Commission Expires 03-26-05 Jffl a�` rFOF1�':. 1 S5��c,<1� SC.. Cv �<t j �r,���` �. .ccrz*x*a:vx:c•^.tar Notary Public in and for The State of Texas /* Contractors Name:�-'� �n n Point of Contact:' \rb. 5 e Phone Number: G� (J Building Permit Number. —IL57 Purpose for Closure: Begin Date: —I C`-( End Date:t Z-3(-6 Type of Taper according to posted speed limit: Tapers @ 30 MPH 10ft Offset 30ft minimum -- 11 Tapers @ 35 MPH loft Offset 35ft minimum Tapers @ 40 MPH 10ft Offset 40ft minimum Nor ftrrow FF lr7b xI 1 11f (VO i E144PORARY upkVL. +J A40RE THAN 3 DA1-7o ,3 OR LESS - - SIDEWALK FEES SC �Q1DAYS - Wo7 (oy STRPET FEE a ! to SO,'"T. X.6-3 X DAYS . -7 Z C l�i1• (Pu APPLr-W AAtW CALL FU A RECEIVE N 'TION AFTEn ;3�'•L: i 5� 'k11 AtP�OP tAR Br4RR[E OBSTRUCT ARE IN PLACE Air t . Jul 19 2004 4: 19PM RJ GRIFFIN & COMPANY 8178821195 p. 17 JUL-15-2004 15:11 R.J. GRIFFIN CORPO�TE 7705519561 P.02 QCCR& CERTIFICATE OF LIAEILMY' INSURANCE w3lrmoa mn MOM= no cMvn r1CAn IE( BUM A/ of MMM7M lucJ m ow4w* ONLY ANO MOM NO RXim UPON nffiTE M4 W,4*SWK&M M twuw t.TMCt8lt w"t MOT �OR KffAW a MDM11Z1408 ALMEMACOMMOR (ipA80•m M &MOM AF><080W COVEW9 NOW= D"SOU(NEW UW R),GROW i COMPANY 1004188 800 IIT.YID"W;FMMY,SUITE 200 ATLANTA GA 30079 jm ONO n' JEDMI GE THE POLICES OF BIiUAAMM LISTED BELLOW HAVE MN MOM TO THE MIfURED MAMM AMOVE FOR TME POLICY P0400 NDICATED.N01WRHBTAMMO ANY REQU D*P T,TE11M OR C4060MDMOF ANY CONTRACT OR OTHER OOCUW)r WITH 9t"MT TO VMNCM TWA CERT14C•ATE MAY U E1 AED OR MAY PIR TAM,THE OWRAN F AFFORDED BY THE POUCIEB D@SCRISED HU"W SUBIEC7 TO ALL THE WJ",ED[CUSSIONB AND CONDMOW OF SUCH ■m 4ii1Mt L 11ANLM I IM-000 A51PK03591500 17/31/2003 12131/3001 CtASMrMoe�oocv�ieIs 5mo SANKU" IMAM Ibr7 rER AUIOBOB SU^1 ffr 1,0001000 A X AWAM S 1 PKW591 SCO 11/318003 17/31/2004 elm X &L MWM Autos softy SCHBOUL�Auror d'R ON—) HI { XXXX)QOC X "vmi mn norr tr R Ma+ WwoAuras amang s X X7IXXX 4fAR1iw uw�.nr Her AUTO NOT APPLIGAD E AM 6 i au' MIMS UAMUTY cral ATArE+ecE 1 OO B X *cam f7 oAm wx* 52VLP1 374400 17/31/2003 17131/2004 XJ OC DFALC11" � ?Ppg m 1 A SIWCt3591400 125I/2003 12/31/2004 X Mr A wm I w4nr i ael�alt �s4cs+�aoNoco>wr►�Iw�oc+► Acelaenr MOY1�efs QTY OF F r WORTH,!TS 01rF=W AND FAE7AYB84 An NAMED AS AD>NIIONAL IIZSl1AED,A WAIVM OF RMR0OATKN A"M IN FAVOR OF THE Crff OF FT.WOM ON ALL FOLK3M WHM ALIOWED 8Y LAW. MM"ARI OP"!MWA VSOG�fCLj=9 se C•"C r'*eMPO W TWI=MAY" CM OF FT.WORT11 mTo -mmw,Teta nwwa we cam w L swwwow-ra rn& oAYv carnet I MMD THR=MORTON ST. FT,WORTH TX 73102 NnQI TO TW GMnFOATs HQL M%MOD To mi Arnnl� r�►rn+4 AC01W 2"(77E7) p►f�- +���.+r�...r•�r..r.rrr+.+.r.rr..rr+.rwa�w •ACORD 00MTOR 16a s I i v- TON- P4 City of Fort Worth Transportation and Public Works Street Use Permit Page 1 of 1 FORTWORTHCITY OF FORT WORTH TO— X013 TRANSPORTATION AND PUBLIC WORKS STREET USE PERMIT DATE 8/16/2004 PERMIT #59137 MAPSCO 76L D.O.E.# Building Permit# PC04-00013 (if applicable) STREET BLOCK FROM TO DATE Mon.-Fri.Time I TIME I TIME BEGIN END BEGIN END SAT. SUN. 1.9TH ST 800-900 COOPER ST W HUMBOLT ST 8/1/2004 12/31/2004 24HRS 24HRS 24HRS TYPE OF WORK TO BE PERFORMED: Other-Fee ATTACHED TRAFFIC CONTROL PLAN FOR MATERIAL LIFT OK. THIS PERMIT/S GRANTED TO THE CONTRACTOR/APPLICANT 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 CONS-('RUCTION 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. / RJ GRIFFIN &COMPANY AARON LONG �6 Q y CONTRACTOR/APPLICANT CFW CONTACT EMERGENCY CONTACT NAME KEN KING 24-HOUR 817-882-1190 MOBILE 817-939-7505 PGR# FAX#817-882-1195 PHONE TRANSPORTATION AND PUBLIC WORKS DEPARTMENT STREET MANAGEMENT SECTION 311 W 10th STREET FORT WORTH,TX 76102 (817)392-6594 FAX(817)392-8941 Ti ..�'... ISI 4_ http://tpwpermit.cfwnet.org/popup_permit.asp?permit_ld=59137 08/17/2004 Jul 19 2004 4: 07PM RJ GRIFFIN & COMPANY 8178821195 p. 3 "GENERAL NOTES" 1. All channelizing devicas shall be in accordance with the current edition of the Texas Manual Of) Uniform Tray is Control Devices. 2. All Traffic Control Devices shall have working visibie warning lights as required in accordance with the current edition of T MUTCD. 3. For TemAorarV S€t:uattons, 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 especialiy important in locations of conflicting lnforrriatiart-, such as where traffic is directed over a double yellow centerline: in such locations, channelizing device spacipg of J0 feet is required. 4. For Wng Term StatIonarrr work, all conflicting pavement markings must be removed and centerline striping provided where two way traffic is in adacent 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 riot working unless otherwise approved by the Ci;y Traffic Engineer. 6. The use of trailer mounted ARROW DISPLAYS may be required on all lane ciosures. The contractor shall provide one f 13 stand-by-unit in good working condition at the lob site, ready for use, if his operation requires 24- tour a day closure set-ups and if required, 7. City Traffic Engineer and/or inspectors may require additional traffic control devices. TYPICAL_T RANSMOM LENGTHS AND SUGGESTED MAXIMUM SPACING OF DEVICES Minimum Desirable Taper Suggested Maximum Device Suggested Sign Lan tips(LI Feet. Spacing S acinq Feet) Posted i 10' 11' 12' On a Taper On a.Tangent Speed Focrnufa` Leve Lena Lane (Feet) (Feet) I MPH Offset Offset Offset Dimension 30 150 165 180 30 50.75 120 35 ������ 205 225 245 35 � 70-90 160 60 40 i 255 295 320 40 €0-100 i 240 45 456 495 I 540 45 90-110 320 50 =WS 500 550 600 50 100-125 400 "L.s Taper length in feet W=V'didth of biffset In feet 3=Posted speed Note: SuffarZc>ns w61 be 25 feet (maximum). Q a chmmeli,ing devices f Trailer,disnyle3 ' Flaggel 6ariFade 7 � Jul 19 2004 4: 07PM RJ GRIFFIN & COMPFINY 8178821195 ' p. 4 `s `Pt Line- C41loP'' AJD✓�-� i3okY.� Lc��e Cr G.✓Y! CA I E^. ._.._----- Z7' ROAD Vow AHEAD -p WOA:1 MIOAk N C x V4 'c • o � • 0 ..a FEET ° cn MM p 7q✓< Of • pj Z) Pt,on�A1e,ah�.•: gI't-$�L-►i4o J 6i�4 M S o° Seton ffCXja. : At-q`°6t 1, 9,e�4 N i� .'hl V"',\ (,m,4-: walk- f � ROAD z 7— i END �i- '� a AHEAD kOi:O WOFCK a \ C rot w .�. IfIJ1l Cfes.d • t- qThis; plan is submitted for TCP. I certi,`y this plop wzll be used for the following Iocation(s): M l and that dllchonnelizing devices will conform to "Generol Notes" as shown on the bock. o59noture.' Dote: CITY of FORT WORTH TYPICAL TWO WAY STREET - SPEED LIMIT 30 MPH OR LESS TRANSPORTATION INTERMEDIATE TERM - OVERNIGHT TO 3 DAYS AND Note: PUBLIC WORKS See rEver5e 9rde (or Ganerol Notes and eviee S 06na. PL AN ''220 f