HomeMy WebLinkAboutContract 33504 CITY SECRETARY
'DONTRACT NO..
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CONSENT AGREEMENT
FOR
TEMPORARY USE OF PUBLIC PROPERTY
STATE OF TEXAS
COUNTY OF TARRANT
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j THIS AGREEMENT is made and entered into by and between the City of Fort Worth, a
j municipal corporation of Tarrant County, Texas, acting hereinQ y and t 6 gh its duly a thorized
41 Buildi ficial, hereinafter ref d to a the"City"and / /�. ,c.
_� alta o. Ice
Acting by and through its duly authorized agent,
Hereinafter referred to as"Grantee".
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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 u er, on and/or
above the treets,alle s, sidewalks or other publi s-of--wa as follows:
The location and description of said enc 4chment i e particularly descitZed 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.
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CONSENT AGREEMENTfor Temporary use of public property
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3.
i 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
I` 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 tem orary use or occupancy of public property. The estimated t al amount of said fee is:
goo
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I! Grantee, at no expense to City, shall make proper provision for the relocation and/or
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j 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_� L/days, fromto
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
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CONSENT AGREEMENTfor Temporary use of public property
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"B". This agreement shall not be construed as the granting of a permanent easement,
rencroachment or license upon City's public streets,alleys, sidewalks, or other rights-of-way.
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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
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i 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)
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i 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.
s 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 su,
and/or repairs immediately following billing for same by City.
CONSENT AGREEMENTior Temporary use y '
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Nothing herein shall be construed as a waiver by City to enforce penal sanctions prescribed
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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,
E 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
i 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.
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j 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.
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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 jomtMenterprise ^
between City and Grantee.
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CONSENT AGREEMENTfor Temporary use of public property
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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,
j 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
i 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
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DAMAGE TO CITY PROPERTY, ARISING OUT OF OR IN CONNECTION WITH
IANY 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
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CONSENT AGREEMENTfor Temporary Lim of pu �Vp oty�, U �!
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of the City of Fort Worth. A copy of such Certificate of Insurance is attached as Exhibit "A".
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1 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
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under this contract without prior written approval of City, and any attempted assignment without
such prior written approval shall be void.
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This agreement shall be binding upon the parties hereto, their successors and assigns.
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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.
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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 1 -7- day of , 2005.
GRANTOR: G T E: 'a,/ "
CITY OF FORT WORTH
Buil ng Official
Title
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CONSENT AGREEMENTfor Temporary use of puoJiC property
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APPROV � =AND LEGALITY:
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ssistant Attorney Date
!iCity ecretary Date
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NO M&C REQUIRED
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CONSENT AGREEMENTfor Temporary use public-mope ,
STA TE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, a Notary Public in and
Fr the State qf Texas, on this day personally appeared
,known to me to be the person whose
na is subscribed to"'thefo4going instrument, and acknowledged to me
that he/she executed the same for the urposes and considerati therein
expressed, as the act and deed of
and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this �l day
Of �Q- 20L_.
Affian
Title
Notary Ablic in and for
The State of Texas
ANGELA ESTRADA
Notary Public
(&my
STATE OF TEXAS
Cama.EXP.08/21/2007
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STATE OF TEXAS
COUNTY OF TARRANT
BE"ORE ME, the undersigned authority, a Notary i&11c in n
Forth tate Texas, on this day personally appeared
,known to Pte to be the person whose
name is�s scribed to the foregoing instrument, d cknow d ed t ne
that he/sl:e executed the sa rp s onsid a o1 t _
expressed, as the act at deed of
and in the capacity therein state .
;VENUN R MYHAND,AIYD SEAL OF OFFICE this -.G- day
Of' 20,x'
PA rTY L AAJSCM
Notary Public
sw6e of Texas
My Commission Expinss
Affian August 2s,2006
TiArr
Notary P c u: and for
The StaYe of Texas
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Contractors Name: .cj n
Point of Contact: r �ra�e s
Phone Number: i' 7_' " 77
Building Permit Number. —
Purpose for Closure: '
Begin Dater•/ -0,1` _End ate:
Type of Taper according to posted speed limit:
Tapers @ 30 MPH 10ft Offset 30ft minimum
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Tapers @ 35 MPH 1 Oft Offset 35f minimum
Cri coke. Tapers @ 40 MPH 1Oft Offset 40ft minimum
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(EMPORARY OCCUPANCY Gr- rLtijC PR
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MORE THAN 3 DAYS
SIDEWALK FEE- .qqtb
STREET FEF- 7n r
IDTAt-
PPLI ST CALL PUK
ECEIVE AN INSPECTION AFTER ALL
PPROPRIATE BARRIERS OR OBSTRUCTIONS
ISI I1V PLACE.
Fax Server 12/16/2005 10:04 :44 AM PAGE 2/002 Fax Server
ACORID. CERTIFICATE OF LIABILITY INSURANCE 07/012006 Dii//16/20o
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Loddon Canpanies ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
444 W.47th Street,Suite 900 HOLDER.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
Kansas City Mo 641121906 ALTER THE COVERAGE AFFORDED
(816)964.9000 INSURERS AFFORDING COVERAGE
INSURED MID-CONTINENTAL RESTORATION CO.,INC. INSURER A TRAVELERS PROP.CAS.CO OF AMER.
1063933 P.O.BOX 429 INSURER e THE TRAVELERS INDEM.CO OF AMER.
FT.SCOTT KS 66701 mugEg c THE TRAVELERS INDEM.CO OF CONN.
I - PRINCETON EXCESS&SURPLUS
*COLEMONT BROKERS
COVERAGES MIDCOII JC
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR POLICY EFFECTIVE POLICY EXPIRATION
LTR TYPE OF INSURANCE POLICY NUMBER DATE MMIDOIYY DATE(MWDDFM LIMITS
GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000
A X COMMERCIAL GENERAL LIABILITY VTC2J-CO-I3IJ81OA-TIL-05 07/012005 07101/2006 FIRE DAMAGE(Any one nre1 $ 100 000
CLAIMS MADE a OCCUR MED EXP(Anyone erson $ 10 000
X CONTRACTUAL PERSONAL&ADV INJURY $ 1,000:000
GENERAL AGGREGATE $ 2,000,000
GENL AGGREGATE LIMIT APPLIES PER: PROOLCTS.COMP/OP AGG; $ 2,000,000
PRO.
POLICY JEC' 7LOC
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000
A X ANY AUTO VTJ-CAP-1308111-TIL-05 07/012005 07/01/2006 (Essoddenp
C ALL OWNED AUTOS VTE-CAP-131J8123-TCT-05(TX) 07/012005 07/012006 BODILY INJURY $ XXXXXXX
SCHEDULED AUTOS (Per person)
X HIRED AUTOS BODILY INJURY $
X NON OWNED AUTOS (Per accident)
PROPERTY DAMAGE 8 XXXXXXX
(Per eccidert)
GARAGE LIABILITY AJTO ONLY-EA ACCIDENT $ XXXXXXX
ANY AUTO NOT APPLICABLE OTHERTHAN EAACC $ XXXXXXX
AUTOONLY: AGG $ XXXXXXX
EXCESS LIABILITY EACH OCCURRENCE $ 5,000,000
D X OCCUR F-�CLAMS MADE 66A3UB0000018-01 07/012005 07/012006 AGGREGATE $ 5,000,000
$ XXXXXXX
R
DEDUCTIB ❑UYaYN
_E F $ XXXXXXX
X RETENTION $10,000 $ XXXXXXX
B WORKERS COMPENSATION AND TC2H-UB-8651B92A-05* 07/01/2005 07/01/1,006 X We STATU- oTH-
B EMPLOYERS'LIABILITY *EXCEPT MONOPOLISTIC STATES E.L.EACH ACCIDENT $ 1,000,000
B VTRH-UB-0012C452-05*(NE,O 07/012005 07/012006 E.L.DISEASE-EA EMPLOYEE $ 1,000_000
E.L.OfSEASE.PoLIcYLimIT $ 1,000.000
OTHER
DESCRIPTION OF OPERATIONS!LOCATIONSIVEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS
RE:W.T WAGGONER BLDG.@ 810 HOUSTON ST.,FORT WORTH,TEXAS. QTY OF FORT WORTH,TX IS ADDITIONAL INSUREDAS RESPECTS
LIABILITY COVERAGE FOR THIS PROJECT. INSURANCE SHOWN APPLIES ONLY TO EXTENT OF WRITTEN CONTRACT.
HOLDERERTIFICATE ADDITIONAL INSURED;INSURER LEITER:
2471136 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
CITY OF FORT WORTH,TEXAS DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL J—O DAYS WRITTEN
ATTN:MARIE HUGHES
1000 THROGMORTON NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL
FORT WORTH TX 76102 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
ACORD 25-S(7197) For ty..for.mpblngIN.—nek.acontact the.,me.rlbl.a Irru.•Prodi.e-0..b—.d.p-ify th.dlod,W.rlxwr. o ACOR4 TION IM
'ity of Fort Worth Transportation and Public Works Street Use Permit Page 1 of
FoFIT WORTH CITY OF FORT WORTH
TRANSPORTATION AND PUBLIC WORKS
STREET USE PERMIT
)ATE 12/15/2005 PERMIT #82374 MAPSCO D.O.E.# Building Permit#
(if applicable)
STREET BLOCK FROM TO DATE Mon.-Fri.Time TIME I TIME
BEGIN END BEGIN END SAT. SUN.
1.HOUSTON ST 810-810 12/19/2005 2/19/2006 24 HRS 24 HRS 24 HRS 24 HRS
YPE OF WORK TO BE PERFORMED: Other-Fee IOtKI7/oN Rf'V15AV Fern sol 79 NO 1101,-PS14N
WILL USE 40 FT.OF SIDEWALK ON HOUSTON TO INSTALL OVERHEAD PROTECTION ON EAST SIDE OF WAGGONER
BUILDING.ENCROACHMENT PERMIT PENDING.SEE ATTACHED TRAFFIC CONTROL PLAN(TCP).
CHIS PERMIT IS GRANTED TO THE CONTRACTOR/APPLICANT UNDER THE FOLLOWING CONDITIONS:
• CONTRACTOR/APPLICANT IS REQUIRED TO HAVE THIS PERMIT AND TRAFFIC CONTROL PLAN AT THE WORK
SITE OR EVENT 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.
• THIS PERMIT DOES NOT RELIEVE THE CONTRACTOR FROM OBTAINING NECESSARY PERMITS FROM COUNTY
AND STATE ENTITIES WHERE WORK IS ENCROACHING INTO THEIR RIGHT-OF-WAY.
• IT IS UNDERSTOOD THAT VIOLATIONS OF THIS PERMIT MAY RESULT IN THE REVOCATION OF THE
CONTRACTOR'S LICENSE.
MID CONTINENTAL RESTORATION CO INC. RAQUEL VELASQUEZ OS
CONTRACTORIAPPLICANT CFW CONTACT
EMERGENCY CONTACT NAME RANDY HUGHES
24-HOUR PHONE 817-498-7277 MOBILE 817-401-6393 PGR# FAX#817-656-4764
TRANSPORTATION AND PUBLIC WORKS DEPARTMENT
STREET MANAGEMENT SECTION
311 W 10th STREET
FORT WORTH,TX 76102
(817)392-6594 FAX(817)392-8941
.7 ren
Ltp://tpwpermit.cfwnet.org/popup_permit.asp?permit_id=82374 ��' °'�`� � � �'4} /191200
City of Fort Worth Transportation and Public Works Payment Receipt Page 1 of 1
FORT WORTf1 TRANSPORTATION AND PUBLIC WORKS RECEIPT FOR PAYMENT 311 WEST 10TH STREET
FORT WORTH,TX 76102
PH:817-392-6594 F:817-392-8941
PAYMENT ID 10094 APPLICANT MID CONTINENTALRESTORATION CO INC. DATE 12/15/2005
PAYMENT Credit PAYMENT $50.00 Payment is Verified
METHOD Card AMOUNT
PERMIT: 82374 DATE: 12/15/2005 TYPE: Other-Fee LOCATION: 801 -801 HOUSTON
ID FEE TYPE FEE AMOUNT AMOUNT APPLIED
23485 Permit $50.00 $50.00
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http://tpwpermit.cfwnet.org/popup—receipt.asp?pid=10094 12/15/2005