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�
-
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Jul 19 2004 4: 1OPM RJ GRIFFIN & COMPANY
8178821195 P- 6
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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.
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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:
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Contract Authorization
Date
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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
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1 S5��c,<1� SC.. Cv �<t j �r,���` �. .ccrz*x*a:vx:c•^.tar
Notary Public in and for
The State of Texas
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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
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Jul 19 2004 4: 19PM RJ GRIFFIN & COMPANY
8178821195
p. 17
JUL-15-2004 15:11 R.J. GRIFFIN CORPO�TE 7705519561 P.02
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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 ..�'...
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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
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Jul 19 2004 4: 07PM RJ GRIFFIN & COMPFINY
8178821195
' p. 4
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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