HomeMy WebLinkAboutContract 30558 `.,:T'Y SECRETARY
`D 1 RACT NO.
- - CONSENT AGREEMENT
FOR
TEMPORARY USE OF PUBLIC PROPERTY
STATE OF TEXAS
COUNTY OF TARRANT
THIS 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, hereinafter referred to as the"City" and
Acting by and through its duly authorized agent, � (1� ,
Hereinafter referred to as "Grantee".
WITNESSETH:
For and in consideration of the payment by Grantee of 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 portion of the space under, on and/or
above the streets, alleys, sidewalks or other public rights-of-way as follows:
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 street, alleys, sidewalks or other public rights-of-way under
this agreement shall be in strict compliance with the Charter, Ordinances and Codes of the City
and in accordance with the directions of the Building Official and the Director of Transportation
and Public Works of City.
J —7 7
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1
CONSENT AGREEMENTfor Temporary use of public property
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 and amounts prescribed by the Building Code of the City of Fort Worth
for temporary use or occupancy of public property. The estimated total amount of said fee is:
10o x moo D(
too
5.
Grantee, at no expense to City, shall make proper provision for the relocation and/or
installation of any existing or future traffic control devises 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 and additional
amount equal to such additional cost as determined by City.
6.
The term of this agreement shall be for 5 days, from "/f'" to
-�
Provided, however, should the need for the encroachments granted hereunder at any time 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 terminate.
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
2, 7 P11
2
CONSENT AGREEMENTfor Temporary use of public property
"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 terminate and cancel this
agreement.
9.
Upon expiration or termination of this agreement for any reason whatsoever, Grantee shall, at
no expense to City, restore the public rights-of-way and adjacent supporting structures to a
condition acceptable to the Director of Transportation and Public Works or 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. Grantee
further 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 to 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 trespass or any other damage or liability in connection with such
removal or restoration. Grantee shall reimburse City for the cost and expense of such removal
and/or repairs immediately following billing for same by City.
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3
CONSENT AGREEMENT/or Tempore use*,Puo�
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 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 the 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, shall 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 statue,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.
4 ..._:
CONSENT AGREEMENT/or Temporary use ofpubbeproperty
l
14.
GRANTEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES HEREBY
INDEMIFY, 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,
CNCLUDING 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 CAUSE, IN WHOLE OR 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, LICESNEES,
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 that the following:
Property damage,per occurrence $100,000.00
Bodily injury, per person $250,000.00
Bodily injury or death,per occurrence $500,000.00
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 amount 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
5
CONSENT AGREEMENTfor Temporary use of public property
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, it 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 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 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.
EXECUTED this 2 day of Asj v t , 2004.
GRANTOR: G TEE:
CITY OF F WO
Building Official /
/'prr n w✓A UX' V,AP
Title
6
CONSENT AGREEMENTfor Temporary u of pubbc property
APPRO TO FOWC GALITY:
As Stant Ci orney Date
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City Secretary VIS Date
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Contract Authoriaatioa
Date
CONSENT AGREEMENTfor Temporary use of public property
,STAT' OF TE AS
COV1 ITY OF TAR ANT.
.BEFORE ME,the undersigned authorliy, a Notary Public in and
Fo
.rtheStateofTeras, on this day personally appeared
��- ,known to me to be the person whose
name is sllbscrlbed to the -egoing instrument, and actinowledged to ane .
that he/she execrlted the same for the.purposes and consideration therein
expressed, as the act acrd deed of. -
and iri the capacity therein staled.
GYVEAr UNDER PfIrHAAD AAD SEAL OF OFFICE this day
o f ,20-0,4.
Af aPrt
yp� ANGELA ESTRADA Notaiy Public in and for
.®. Notary ftft Th e State of Texas
STATE OF TEXAS
��� +MY Coes.ENq-08/21/2007
Contractors Name: o r
Point of Contact:
Phone Number:
Building Permit Number:
Purpose for Closure:
Begin Date: - -p --- 'En Date: 11-P53,2V
Type of Taper according to posted speed limit:
Tapers @ 30 MPH loft Offset 30ft minimum
--Q\A.coke. Tapers @ 35 MPH loft Offset 35ft minimum
Tapers @ 40 MPH loft Offset 40ft minimum
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A40RE THAN 3 DAYg 3 DAYS OR LESS
SIDEWALK FEE,.L��`sQFf. X -oLr X /:a -) S..
SfRKT FEE SQFT. X X TOTAL DAYS
l�Pl�GWT�Nt13T CALL FOR AND ON AMEP
RECEIVE; PUCE.
ALL ca
Sent`By: CQLOR APPLICATIONS, INC.; 770 591 9772; Aug-25-04 10:57AM; Page 2"2
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C E O PP
AC6RD CERTIFICATE OF LIABI14TY INSURANCE o;-MjW CN"-1'
PRODUCLRI His CERTIFICATE IS ISSUCO AS A MATTER OF INFORMATION
BBST-Stephens S Company I NLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
1825 Barlett Lakes Blvd. OLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR.
LTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Suits 320
Kennesaw,GA 30144 li 3URIERS AFFORDING COVERAGE MAIC 9
WOWED III VAERA. Amsocan IlV*eem Home Insurance Ca 36412
Cplor Applications, Inc. IIN Re, Progressive Preferred Insurance Comp 37934
PO Boz 1729 -'1
Iry LRltIRc United National Insurance Company 13064
Woodstock,GA 90188 , a Bridgefield Casualty Ineuranca Campo 1 10335
114 RE: Montgomery Mutual Insurance Company 1 14613
COVERAnES
THE POLICIES OF WSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE.INSURED ED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWrrNSTANDING
ANY REQUIRFMENT.TERM DR CONDITION OF ANY CONTRACT OR OTHER DOCUME, WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN.THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS OBJECT TO ALL THE TERMS.EXCLUSIONS AND CONDrTIONS OF SUCH
POLICIES.AGGREGATE L1MrrS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS:
I YPt OF LML
NISANC!• POLICY NUN9ER P t T LaIM --
A GENERALUABurY ZE50002058 0811 VO4 08/29/05 EACH DccuRRENCE i 000 040
OAMAX Co.IN1ERCULAeNER/u VASIUI PREMISE ES I NeI+LlU'nr • $100,000
CLAMS MMP 7X Occup MEO EXP(Any-&Pepe) 35,0W�a
X fab Ded:500 PERSONAL d ADV INIURY f1 000 OfID
GENERAL AGGREGATE 32 000 000
GE-14t AGGREGATEkS*rAPPvEsPEiL
PRODUCTS•coNP/OP AB0 $2 0110 060
POLIOY P'R LDC
B AUTOAIORLE L"PUTY CAU22TS8131 091, 104 09104105
COMBINEDSWIZLEIAMT ft,000,000
X ANY AUTO CEO Berl
ALL OVANED AVrOS BOVILY1NAIRY ...
SCTLEOULITO AUTOG ip�DePttul'i f
X minim AUTOS SOOILY 1H•LIRY --
X HON•OwneDAut03
(PerAmdeYA) _
RR0P6RTY DAMAGE f
(Per neddsrA)
GARAGE WIULITY AUTO ONLY-EA ACCIDENT
ANY ALf O OTHER THAN EA ACC f .
AVTOOMY AGO S
C I FXC08 UMffl*LLAI-"IUTY CUR2174 08 1rIA 08/29105 EACH OCCURRENCE (4006 0
OCCUR EICIA04MADE AGGREGATE 1.1,000,000
f
DEDUCTIBLE
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X RL?TeNTIOH L 0S
D wORKPRt COMPGW9ATION AND 14300149 OPM 1104 08/07105 we sTATU-
PAPLOYEAV LJwRM -
ANYP7'iDPRIffTCP0ARTNFRAEXPCUTNF E.L.EACH ACCIDENT f1 000400
OPFiC'114►AEARBER EXCLUDED? EA.OftASE•EA EYaq. YFE f1 000 000
II YeL daPcrLe wider
$. C PR ISIOI190dor E.L DIMASE,POLICY LIMIT $1,000,000
E OTHtR Equipment FI IM9783791 O8 104 0828!05
rW,%CRPTM OF OPFRA7MS I L OCATrMSf VEHICLES I EXCLUSIONS A mt)BY 6MOORRi-MLN I, BP'GCLAL PaCV noc NS
City of Fort Worth,Its officers and employees rmmed as additional 14 iumd. Waivar of
rights of subrogation in favor of City of Fort Worth.
CERTIFICATE HP4AER kNCELLATIOtj
LD ANY Or THE ABOVE OEBCRMEo POLICES BE CANCIpujec B"OR£THP QXPRLATION
City of Fort Worth nTE THNtEOP,THE ISCO NG INSURER vftt F.WIDGAVOR TO MAIL _-0 DAYS WRITTEN
711 West 10th StrBRt �t,TME TO THE CSRTECATe HOLDS*WAMR0 TO TNG LGFT,BUT FAILWK."O.oC.DO!!HALL
Fort Worth,TX 76102 86 NO 00LJOAA0II OR UAA41LITY OF ANY NLND UPON THE rNEUBEft.PTL A0614TR OR
I .I>tsLLNrAnves.
ORPA'D+A�AT.V!
ACORn ZS r2R01/0R1 s ..c� �nT.ne ueee�:nn 001 a ACr1RD CnPPnRAT10N 11IRI1
City of Fort Worth Transportation and Public Works Street Use Permit Page 1 of 1
FORTWORTH CITY OF FORT WORTH
TRANSPORTATION AND PUBLIC WORKS
STREET USE PERMIT
DATE 8/27/2004 PERMIT #59648 MAPSCO 77A D.O.E.# Building Permit#
(If applicable)
STREET BLOCK FROM TO DATE Mon.-Fri.Time TIME TIME
BEGIN END BEGIN END SAT. SUN.
1.MAIN ST 600-700 E 5TH ST E 6TH ST 9/15/2004 9/25/2004 24HRS 24HRS 24HRS
2.E 5TH ST 100-200 MAIN ST COMMERCE ST 9/1/2004 9/1512004 24HRS 24HRS 24HRS
TYPE OF WORK TO BE PERFORMED:Other-Fee
SCAFFOLDING PLACED OVER SIDEWALK TO PROTECT PEDESTRIAN FROM OVERHEAD WORK OK AS PER TRAFFIC
CONTROL PLAN—SCAFFOLDING PLACEMENT RESTRICTED TO 9AM TO 4PM.
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.
COLOR APPLICATION INC AARON LONG /1
CONTRACTORIAPPLICANT CFW CONTACT !!
EMERGENCY CONTACT NAME JOE HAJNY
24-HOUR 770-591-1110 MOBILE 254-897-1873 PGR# FAX#770-591-9772
PHONE
TRANSPORTATION AND PUBLIC WORKS DEPARTMENT
STREET MANAGEMENT SECTION
311 W 10th STREET
FORT WORTH,TX 76102
_ (817)332-6594 FAX(817)392-8941
http://tpwpermit.cf vnet.orL/-oo-oun n&mit a.c„9n,.,;+ ;A=1Z0AA Q -- -- ---
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This plan is submitted for TCP. I certify this plan will be used for the following location(s):
and that all channelizing devices will conform to "General Notes" as shown on the back:
Si gnat re- Date:
n Note:
ee reverse sice for GeneroiNotes and Device Spocincl.
FORT WORTH
STREET ENCROACHMENT PERMIT
Permit #: PC04-00017
Status: ISSUED
Date Issued: 08/31/2004
Expiration Date: 09/16/2004
Address: 601 N MAIN ST
Addition: NORTH FORT WORTH Insp: 12 MAPSCO: 062V
Block/Lot: 22/1
Legal Desc:NORTH FORT WORTH BLK 22 LOT 1 1 TO 4 45 TO 48 BLK 22
APPLICANT
COLOR APPLICATIONS INC.
76107-1453
OWNER
CARLILE, KELLY D ETUX KATHY B
2524 WHITE SETTLEMENT RD FORT WORTH TX 76107-1453
Contractor
License #:
License #:
Type of Encroachment: SCAFFOLDING
work start Date:
Permit Extention: N
No. Days Exteded: 0
Fee calculation
3 Days or Less -- $0.00
Total Permit Fee. . . . . . . $0.00
Payments. . . . . . . . . . . . . . . .00
The applicant named above is hereby granted permission to obstruct a certain portion of the street
and/or sidewalk. This permit is granted on condition that the applicant will comply with all
ordinances governing same and that he will provide temporary sidewalks for the pedestrians use, if
required by Building official , and that this permit will be null and void for any violation of the
city ordinance.
APPLICANT MUST CALL FOR AND RECEIVE AN INSPECTION AFTER ALL APPROPRIATE BARRIERS ARE IN PLACE
TO SCHEDULE INSPECTIONS CALL (817)392-6370
DEPARTMENT OF DEVELOPMENT
THE CITY OF FORT WORTH 1000 THROCKMORTON ST :; Fort Worth, Texas 76102
(817)392-2222 :; FAX (817)392-8116
Sent By: COLOR APPLICATIONS, INC. ; 7-1 ' 59, 9772; Sep-9-04 12:02PM; Page 2/2
September 9, 2004
City of Fort Worth
Department. of Development
1,000 Throokmorton St .
Fort Worth, TX 76102
Attn: Angela
Joe Rajny is the on site proje t. manager for Color
Applications, Inc . as regards the work at 601 North Main,
Fort Worth and as such is empo, ered by Color Applications,
Inc. to handle permit and othei related matters regarding
this project and to sign as re Lired for permit
requirements.
If you meed anything further, glease feel free to contact me
at our office at (770) 591-1110or fax (770) 591,9772 .
CO R APPLICATIONS, INC.
axon nrock - Secretary/Treasijrer
P. 0 BOX 1729 . Woodstock, Georgia 30188- . • 770.591.1110 • Fax 770.591.9772
ReCelVed Time Sep , 9 . 10 : 44AY