HomeMy WebLinkAbout030778 - General - Contract - Dennett Construction Cl TY
CONTRACT NAO.
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McAywy, klAvdinj ,.:he Sominp MyInval Pnd CONS:n; hom the
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Aw PAN, OY at Pub5c nApense is made
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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
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.1ding Officvial A the Uh of Fin I Wo-,-i}1, this Shall
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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,
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� 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.
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Contract Authorization
Date
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�1nar hANGELA ESTRADA
Notary Public
STATE OF TEXAS
My Com.Esp.08/21/2007
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JANELLE SMITH
Notary Public,State of Texas
My Commission Expires I
August 21, 2006
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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
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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
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http://tpwpermit.cfwnet.org/popup_permit.asp?permit_id=59369 08/23/2004
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` TYPE I I l o o o J
BARRICADE
�yJ o RIGHT
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Q L!_1 CLOSED
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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
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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
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