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Contract 30778
Cl TY CONTRACT NAO. CGINSEWFAGPEEMEN 11" FOR In" I TSE «j I'�JT�LIC P��C)I'LI:rI'�' -�1S .A��,' i1 , ,;1� A �'; Ii1:1C1 �iIi(i C11iLiCCl .i1 i0 1)_,' ,1i1C11��1',-,'CcII Cl-v � ' 1'� ji V�'o -'tii_ ""s ,� 41nSiiu Cl c: Wt 'I' , SS 1. i . �1u i)\-, i, .,lin lili G1 :,:(,'_ II;UtL11 iIIS 1!c-C,II C0':jt;i':(IC�i, l; iilli S: :C'i1 t0 t1-111110 2 rli} C;1Ci0"i-i! 11po 1 tial OCCtIh'.' 001-11011S 0i 1:1c Sp'-Icc- tin(le" , 011 iMd/Or above the S11CCtS, c llc `, Sim �)L1UllC t i Jl"IiS-G -�C c j is +11 is The local Oil oil-, and ..CI )cl-c.to, illuo"P",)= Cl O,. C)",.,. J c Ol On c Q cl ) — ;" j'," ;i :J.L m o. ,i s— I ri ,, - Cil 7�J, il': :I I, Cl 'Ic 2MOUnt of Y ao Doo xe I"/,g - Wanw, at 110 wansc 11) My, ME make y0par of —"ture tFAR cwnw`. Adws u7 whW7 inqr0mums SAyumcd by Such mucudynem, lisp ZIA McAywy, klAvdinj ,.:he Sominp MyInval Pnd CONS:n; hom the ji-I th;` .IIS1211&011, YCIPSWRKOV. nincadon co renk A an� c()"-!,t 6 c,,- 1-71 ed OTI Aw PAN, OY at Pub5c nApense is made 1T _1 A z n d u S W, Gynoev SAH "'o Cjt'�' io suclh q0V c. i1Cl . :-,, the wed Q dicunnoadmimn, graMcd WOMM at W tKnO :TMGyantoc agum to immechatc!) city ni'such conchum; ZA 11POP 1c4ccipt of such mvicc 1)), On Bui .1ding Officvial A the Uh of Fin I Wo-,-i}1, this Shall Z.r uv HIT CEO UK 02A. 7. R is expl-CSSI), lmdc;,,-s',�ood and agi-ced that this Consent 1cnt is 'joj- a tenipowl encroadiment in, LISM, awr and tilmn the public p:-opci-iy "'s acord 11A dmOnd in 'J]hiSshall� 110- I)c Consll-mad ns CIV ofa omment encroachinom or lAnsc Up5n GqO PAR SUTUN, Boys, sidwivalks oy othar AgIUSAn"- way. sll-,111 ti`1C fldj and turesulmud Kjon w (mar tqwn ApTic ilgits-ofmay ban yuposc of maTAT? mommns to dmanwo Compliance )VAI the tows; Cownwas lip! cnvj�Vls WIT51. K 1ho ovcw AM Rig inspeAm Should ed 2 Mach of m% imns, wv=US s: cii,,: Shall imcc .00i sich Nvach no! W Comcled ,Ahn wwn-IM7 (�Q WA:5 of recti p; of In 1105cc. Jr 1A.._._. _ A -plod vv;CSS27_7 by V-. winillaw and cancel US agreemm. Upon 01- tcrminwion Gramm SAK, at no uxp_iiS_. and akccnt SuITONT; to Condition acceptable to the Director of Transpoi-Cation and Public A list 3,-. duly authorized r0vestntahve and in accordance with th n G;5 yu r sycifications, and Grantee shaH Yemove Al WiTicades, e uix`'`"''O- 'n Cil?I1tS a nC1 a mo v CCS t t i 0' £l pcl"iOd o f C.:tC z:iiC: t ]C tCrlTlltlation of this AgrocmcnI F al: con�'itl0ns 7 � OV ds_IllagCS too the mus and S1dma ks oT W1"e Q!-Ons-of way thm llflvure.suked 11u_1, (',;al'm'` u5c or occap2my cjik Ann wAd o c>:i '-�,.J,;. in dcte_-.--:i._o_. KnO ]NOOny W, � - � tc1I1Si)011atl0i7 .'?t� �lii;:.�. 'r, t1i,_. Cy I,,..c &OPI W__..____ 1TI&OS i,i} QW1 Such I OP&S 1'' OVII Only (0 ) day mill Shall C0111'.J11Oth nilW.. <M ja _ . CON. _ 10pnegaidAn, 570,;1 I Catl Oi iS. Cont'tl1l& W-11 111 i �'h iC� I�Ctlii`, �- U: (i;�;'�. . .. ... . .--� � ,._ �- '.. �,� <�• - <:Ondiban jyCSC. .o d Q.1' ti;.CJ�;:SS Oi any O;[?'_. C'.:m 'C (', MOVY i7 C , .& . _ail y. _i,In0val or relovabon, Ciphow._ ;pil rciiiOursw Q-c 0 nsc 0; such removal and/ol" 1Cpall_S 111lilicdlatCl\: 101 S�11ile by Nothing hercill shalt be construed as a miver by Cite to e:Iforce penal Sanctions prescribed by the Code o:die Ci:), of , rile laws Of the State U1 Texas i01 Cicliltf'C S COIltiniteeI1C �GY,"s� I 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 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. 1 c�, \T 1 'A N } 1 /Vfll ; T(` 'ill:m ..N1) 1 ,I:C;_'aI :1 E'4': •'G`� �; Al rnv, LLODLA Contract Authorization Date i' -�:. (�.Ari•1�, .� !.. �.:!.'. i (, �•;;';"liti�'.� t((,� `` (l�O?:1!i' ;: '; i.'i 1 c�... 4j / /J��� V tA 1 �1nar hANGELA ESTRADA Notary Public STATE OF TEXAS My Com.Esp.08/21/2007 12 2 oi a j FM thc on I I Io !11)1!'1/1?:c'lil, -IC OS 1`172't C'z liti Il! hoc A "7I'I'_i` l, A•il';1; r.:tIL:-���I! . .'�'I) ,�'I:�.';�'. Ci; ("�II''I( t%.. (��r..,� - G� �7- q JANELLE SMITH Notary Public,State of Texas My Commission Expires I August 21, 2006 12 I-AVlot 91Te) Z4 -=---�-. d�l� Rol poi Area Raoiemb In THIS p4m7eI �S MCTer 4 ld'x)Lo'= , I 'fin-r� ca-c r� el A� 4 MWORARY OCCUpki\.CY O� Pt1SUC :", MORE THAN 3 DAYS 3 X;'.� <ILESS 5?'(1�tGf7 OYl SIDEWALK FEE, SQFT. X X ( P'YS �a�'t��- $Tft T FEE _ -, .SQCT. X -O 3x APPLICANT MUST CALL FOR AND R CS"W 1!L APPROPRWTE BARRIERS OR OBSTRUCTIONS ARE IN PLACE4 .�p OP ID K DATE(1111 1 1 ACORD CERTIFICATE OF LIABILITY INSURANCE SCOTT-3 04/28/04 PRODUCER THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE The Brants Company HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 1600 West Seventh Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Fort Worth TX 76102-2505 Phone: 817-336-3030 Fax:817-336-8257 IINSURERS AFFORDING COVERAGE NAIL# INSURED HFERA Mid-Continent Group 23418 ^_^�'' National Union Fire Insurance " I Hartford Casualty Ins. Co. Scott Dennett Construction Y 2808 W. 7th. St. Ste. B REe Hartford Lloyd's Ins Co Fort Worth TX JIl F. ���� .,'/RARE COVERAGES THE POLICES OF-IN'nU61ANCE USI N.'BELOW HA,E LLE',IjJI_-__ TO THE RL'--HIRED tv IED AgwE P"JCY FE- T,-;DOOJ^,IE'.T WIT,FE`FEl. " TI-- MA'f BR E ISSIJED O ) MJrY F'EFTAIN THE Irl _, '.:1' A-F--='DE_EY THE P'._I_ S L_- -L�HLf,-'. Y o'_EJt �.._ E TE�LI- r>St IF S'_'rH I AIr dFE6AIE VMI?S SH._„"J WL Y HI E 5E-'1=_JV' __ _ r''D-Lc. . -- POLIC'r FFFECTFVF--POLTC`.'FXPIFA"ION LTR NSRD TYPE OF INSURANCE I POLICY NUMBER DATE(M6UDD1YY) DATE(MMIDDA-Y) LIMITS GENERAL LIABILITY �— E=..H rj�_"uRFL'.-_ 1,000,000 A I X Lr��u.+EF'';IAI GFn=r'<_LIAeTIrr 04-GL-000545595 04/30/03 04/30/05 PPEMIoE�IEao- uranoe) 1100,000 Cl MACE X ' oC='_'R KED Eu'(Anv cre person) I Excluded X ,Additional Insa I,jIJR. 11,000,000_ Er,FR.d A�_GFF=-r 12,000,000 ,Er4LAGGPE ATELIVT;F- LIesPER FRDCILCTS-o'M AGG 12,000,000 PF rOL!CY E_r AUTOMOBILE LIABILITY ITMBINED SINS-LE L,r IT 1 1,000,000 C aNVAUTO 46UEC3883GG 04/30/04 04/30/05 (Eaacadent) ALL OV NED AIJT!Tc EC'DILY IAjuR'i (Ter person' X SCHEDU'_ED AUTOS I }{ F'IFiUTOS j _ BS&LY It.JURY 1 �X NON—0�%`N DALTT''z Per aeacent) I � J II (=ar asac�nq GARAGE LIABILITY - AUTO ONLY-EA.ACCIDENT $ _ P_Ny AI--ITC i GTHE�'T}iAN EA ACC $ I - - JTO��NL'i AGG EXCESS/UMBRELLA LIABILITY \-HC JRFE'.'-E 14,000_000 B OccL , le -LIAItt.,�LE BE1398369 04/15/04 04/30/05 rr_,F'El:-_TE 14,000,000 LIE DU'TI2LE $ i V UR;(ERS COMPENSATION AND EMPLOYERS'LIABILITY I EE — Af:Y FROPRIEI OFI=ARTNER,'E�EJUIIdE L .4'H ACCIE [; IJ' �$ - OFFICER/MEMBER EXCLUDED' EL DrEASE-EAEMPLOYEE I It ye de;cnbe undo' S.El`IAL PROVISI!TIJS bNaw EL DISE SSE-FOJC'f LIP,9T 1 OTHER D Property l46 SBA BA7308 SC 04/30/0411 04,/30/05 Contents 52,800 _I Ded 500 DESCRIPTION OF OPERATIONS If LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION CITYOFF SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,B City Of Fort Worth IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE S ITSAbEMTS OR 1000 Throclmorton ' i Fort Worth TX 76102 REPRESENTATIVES. AUTHORIZE PRESENTATIVE -� I r I ACORD 25(2001/08) ©ACCiRD CORPORATION 1988 S 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. i I � ACORD 25(2001108) r �� i_uy or ron worn iransponation anct Yuwic works street Use Ye=t ;,'TL, Page 1 of 1 FolDTWODTA t H CITY OF FORT WORTH TRANSPORTATION AND PUBLIC WORKS STREET USE PERMIT DATE 8/23/2004 PERMIT #59369 MAPSCO 62Z D.O.E.# Building Permit# (if applicable) STREET BLOCK FROM TO DATE Mon.-Fri.Time I TIME TIME BEGIN END BEGIN END SAT. SUN. 1.TAYLOR ST 1400-500 W 3RD ST W 4TH ST 8/25/2004 10/8/2004 24HRS 24HRS 24HRS TYPE OF WORK TO BE PERFORMED: Other-Fee PARKING METER#4798"'ATTACHED TRAFFIC CONTROL PLAN TO BE UTILIZED IF NO DUMPSTERS ARE PLACE AT THE ADJACENT,SOUTHERLY PARKING SPACES. THIS PERMIT IS 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 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. SCOTT DENNET CONSTRUCTION AARON LONG 3Q�/ CONTRACTOR/APPLICANT CFW CONTACT // EMERGENCY CONTACT NAME SHAWN MOORE 24-HOUR 817_882_9420 MOBILE 817-896-9649 PGR# FAX#817-882-9424 PHONE TRANSPORTATION AND PUBLIC WORKS DEPARTMENT STREET MANAGEMENT SECTION 311 W 10th STREET FORT WORTH,TX 76102 (817)392-6594 FAX(817)392-8941 r c-, fru 0 n 1 vo-L-3 http://tpwpermit.cfwnet.org/popup_permit.asp?permit_id=59369 08/23/2004 i I r i I o 0 0 0 0 0 0 ` TYPE I I l o o o J BARRICADE �yJ o RIGHT z LANE Q L!_1 CLOSED '� z x Q rn I J z L ROAD —J 3 WORK LL1 m AHEAD 13 Q > x m Q F z a J CL DUMPSTER IN DUMPSTER IN PARKING LANE TRAVEL LANE m mN This plan is submitted for TCP. I certify this lan will be used for the folling location(s): w to and that all channelizing devic s will confor 'General Notes' as shown on the back. Signature, J�' � Date . 14 CITY OF FOV WORTH TYPICAL LAYOUT FOR DUMPSTER TRANSPORTATION 1 AND Note: See reverse side for General Notes and Device Spacing PUBLIC WORKS' �.f i `GENERAL NOTES" 1. All channelizing devices shall be in accordance with the current edition of the Texas Manual R 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 itis not feasible to remove and restore pavement markings, channelization must be made dominant by using a very close device spacinig. 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 Lengths L Feet. Spacing Spacing Feet Posted 10' 11' 12' On a Taper On a Tangent Speed Formula' Lane• Lane Lane (Feet) (Feet) Dimension MPH Offset Offset Ofi`set 30 150 165 180 30 60-75 120 35 L=WS2 205 225 245 35 70-90 160 60 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 C2 o Channel'izing devices Trailer mounted arrow display V V ws. ETO Fiagger v�9�i �u5G �ro! 12�MR r, a n j Barricade _ .... ORIGINAL & OFFICIAL CONTRACT NO . 30778 IS POOR QUALITY . NOT A SCANNING ISSU E