HomeMy WebLinkAboutContract 30335 JM-14-2004 WED 03:44 PM T/PW T. E, STREET MGMT• FAX N0, 817 392 8941 P. 05
"'iTY SECRMR'Y.
T NO:
CONSENT AGREEMENT
FOR
TEMPORARY USE OF PUBLIC PROPERTY
STATE OF TEXAS
COUN'T'Y'�OF TARRANT'
MS AGREEMENT is made and entered into by and between
the G`ity of Fort'Worth,a municipal corporation of Tarrant County,
exas wtinp herein7by=aul-through-its-duiy-authorized-Building .
Official,hermafter referred to as the "Cit3r"' and
• ��✓� �i�7�LL �/ �p Ll�jird S
acting by and through its duly.authorized D -�z?-o�
hereinafter referred to as
WITiNES.SETH:.
• 1. .
For and in consideration of the payment by Grantee of the
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 portions of
the space under, on and/or above the streets, alleys, sidewa.Iks or other
public rights-of-way as follows,.
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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 streets,'alleys, sidewalks or other
public rights.-of-way under-this agreement shall be in strict compliance
with the Charter, Ordinances and Codes of City and in accordance with
the directions of the Building Official and the Director of Transportation
and Public Works of City.
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.
Crrantee 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`S". Said fee is calculated in the manner �
and amounts prescnbed by the Building Code of the City of Fort Worth
for temporary use or occupancy of public property. The estimated total I
amount of said fee is--
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s--
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5.
Grantee, at no expense to City, shall make proper provision for
the relocation and/or installation of any existing or future traffic control
devices 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 fixture 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 an additional amount equal to such additional
cost as determined by City.
6.
The tern of this agreement shall be for /-0 days, from-9=°V
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' of the City of Fort Worth, this agreement shall
terminate.
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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`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.
i
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 r1 '
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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 too 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(3 0)days of receipt of notice from the
Director of Transportation and Pablic 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 billrag for same by
City.
Noibing 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
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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
hatCity 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 orby any federal, state or local statute,
^•J U 6/ ..^:i ICS�IUi�r`'u7
raw or regulation.
13.
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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.
TO 110EAENUT'
.AND DOES HEREBY INDEMNIFY,HOLD HARMIESS AND
DEFEND Com,ITS OFFICERS,AGEITS, SERVANTS AND
EMPLOYEES,FROM AND AGAINST ANY AND ALL CLAIMS OR
SUITS S FOR PROPERTY DAMAGE OR LOSS /OR PERSONAL
INJURY,INCLUDING DEATR, TO ANY AND ALL PERSONS, OF
WHATSOEVER KIND OR CRARACTEP,' TRER REAL OR
ASSERTED, ARISING OUT OF OR IN CONNECTION WITH,
DMCTLY OR INDIRECTLY,THE INLUNTEXAXCE,
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OCCUPANCY;USE, E)USTEI�CE OR LOCATION OF SAID
ENCROACBMENT AND USES GRANTED HEREUNDER,
WHETHER OR NOT CAUSED,IN WHOLE OR IN PART, BY
ALLEGED NEGLIGENCE OF OFFICERS,AGENTS, SERVANTS,
ENTLGYEES, CONTRACTORS, SUBCONTRACTORS,
LICENSEES OR INVITEES OF CITY; AND GRANTEE HEREBY
ASSUMES ALL LLA.BILI TY AND RESPONSIBILITY OF CITY,ITS
OFFICERS,AGENTS, SERVANTS AND ENTLOYEES,FOR SUCH
CLAIMS OR SHIT'S. GRANTEE SQL 1LINEWISE A.SSUI�M ALL
LL4B1LITY AND RESPONSIBILITY AND SHALL INDEIRT.FY
CITY FOR ANY AND ALL INJURY OR DAMAGE TO CITY
PROPERTY,ARISE% OUT OF OR IN CONNECTION WITH ANY
AND.AIM..ACTS OR ONEISSIONS OF GRANTEE,ITS OFFICERS,
AGEN'T'S, SERVAN'T'S,ENTLOYEES,CONTPACT®RS,
SUBCONTRACTORS,.LICENSEEA S,TNVTTEES OR TRESPASSERS.
Jl�.
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".
k +
The amounts of such insurance shall be not less than the following: �.
L 'I-k
Property damage, per occurrence .$100,000 �.
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JU`L .
Bodily injury, per person $250,00
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"N'. 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 encroachmeis..
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.
1.7,,
This agreement shall be binding upon the parties hereto, their
successors and assigns.
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Sb ld my action. `vhz thc! r r tal or aSSP�rtGJ, ai lavv or to cgU.ity, c F ls:°
out of the termis and conditJons o;:thjs or out of the use aid
occupancy of City property as pem-d ted hrriundem venue for said action
shall be ire, '=ant Coni LO)P, T c x as.
19.
In any action brought by City for the e,forc.cmt-nt of the Obligations of
Crantte,City sha€I be entitled to recover Lnte;est and r .a&—)-a ble at'c-omeys'
fees.
F.UCUI ED ifiis,fS` ' day of . 2004.
GRANTOR: C%T-P-A.Pi'j-Ew
CITY OFF4R 1 VI�OT ,/N
1311 r EY:— ( �
B«.DIENc OFFIMt
AJD LECs 4- I—A Y: b1 atT-,TD&- a F, ,97;W
js t- 'A-I T F,NT i' DATE:________
:ontrac:t Authorization
� ;C►v Tw GRc"'rARY DATE:
Date
IV�Y•L' _J�u? 'i 1u
A
STATE OF TEXAS
COVA TY OF TARRANT.
••BEFOREAl ,the undersigned authority; allotaryPublic in and
F,qr h tat f Ye;as, on flus day personally appeared
�-- - ,A-nosvn tome to be theperson whose
name is subscribed to the foregoing instrument, andacknowledged tome .
that he/she executed the same for flteurRo and cottsi� n fhereitr
expressed, cis the act and deed of°'- e i ;• -
-and'n'theca pacity therein stated
flPl r I AVER 1YIY SEAL OF OF.F7CE flus �2— day
Of
20 ' .
Affiant
Noiar; ublic in and for
The State of Texas
AN EMAM
STATE OF TEXAS
r 43 ' MbC&;M.IV-08/2112007
n;
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STATE OF TEXAS
COUNTY OF TARR NT
BEFORE AM,the undersigned authority,a Notary Public in and
For the,$tate of Texas, on this daypersonally appeared Syc L-
NI KIW 5 ,known to me to be the person whose
name is subscribed to the foregoing instrument, and acknowledged to me
that he/she executed the same for the urposees consideration therein
expressed, as the act and deed of div 3i u�o
and in the capacity therein stated
G N UNDER MY� SEAL OF OFFICE this day
of 20�
r L: Al
Affiant
Title
Notary Public in and for
The State of Texas
' "' BRENDA C.
?�,' G•"` Nota GRIFFIN
ry Public,State of Texas
,,FOF1;,4�4. MY Commission Expires
November 09,2005
V'
p
Contractors Name:
Point of Contact:
Phone Number:
Building Permit Number —
Purpose for Closure:
Begin Date: End Date:
Type of Taper according to posted speed limit:
Tapers @ 30 MPH loft Offset 30ft minimum
Tapers @ 35 MPH 10ft Offset 35ft minimum
S t Tapers @ 40 MPH 1Oft Offset 40ft minimum
Nor ftrrow
LL
FFF1
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S .
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12- ZIq
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MORE THAN 3 DAYS s DAYS OR LESS
SIDEWALK FEE- SQFT. X X
STMT FEE - -LQUa_SQFT. X.z,_�- X Liv YS
!.-A
M"ICAMUST CALL FOR AND RECE AN !�!
ALL APPROPRIATE BARRIERS OR OBSTRUCTIONS ARE IN
NT E
07/23/2005 09:57 8173324544 WOODCREST PLAZA
= PAGE 02
JUL-22-2004 THU 09:52 AM HIGGINBOTHAM FAX NO. 0000000000 F. 01/02
Clier :5_44Z4
;'ORD. CERTIFICATE OF LIABIL TY INSURANCE o�z11o4°�""'
PRODWOR THIS CERTIFICATE Al ISSUED AS A MATTER OF INFORMATI
COMMERCIAL LINESt�NLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Higginbotham A Assoc., Inc. MOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICM3 BELOW.
P 0 Box 908
Fon Worth,TX 76101 INSURERS AKrORDING COVERAGE NAIC 0
INs ro w RERk Tho Travelers Uoyde Insurance Co
Farmers&AAectlanlcs INlEJRER e:
do Steve Nichols 1N�JRER�:
3601 ParkVIOW Drhrc 0418 rls REFI o;
Ft Warth, rX T6102 —`
INS RIR E:
COVERAGES
THE POLICIES OF 1N8URANC£LISTED BELOW HAVE SEEN ISSUED TO THE INHURED N Am ABOVE FOR THE POIJCY PERIOD 1NO CATER.NOTWITHSTANDING
ANY REOUIRMENT,TERM OR CONDITION OF ANY CONTRACT OR OTN£R DOCLIM♦ WITH
RESPEC I TO VMCFI THIS CERTIFICATE MAY BE 18SUEO OR
MAY pERTP1M 7riE INSURANCE A7 FORD£D by THE POLICIES DEgCRIR�iO HEREIN IS UBJECT TO ALL rHE rgRFAS,EX"UVONS AND CONDrrIONS OF$UCH
tbl1CIF9.AG6REGATG LIMITS BHOWVFI
MAY HAVE BEEN REDUCED BY PA10 CLAMS
L TYPE OF wuptsPOLICY MMSER PICAy A N LIgiTS
A X awARALuAMILJIY ILPACPS75OA281 OWUM4 05124106 EAOHOCCURRENCE s1 p 000
C DMM6ft AL OEdERAL UAaILITY iA&AGET TEd 13(10
CLAW WW [�]OOMIR ! v&D EXP ww wrwn f 000
PERSONAL a AN INJURY 11 000 000
GENERALAOMEGATE i 0
GW AGGREGATE LMAt1 APPue3 PER: pRODU?79-COMP/CP AAR 1P QDD
,,LIC, a toe
AU7+MOW U"Lny
COMIIMf A]JTD (00 hum") LIMIT
LIi
ALL OVYNED AUTOS Malty INJURY
b'CHEDULVAUTO (Pw wston) i
"M AUTOS
NQN�4YrEp LY AJ= I 40DI3
PROPERTY
�1CAMUM i
OARAM LIABLfTY lAOTOOKY-MAAWDENT i
ANYAM
EEACH
APr EA'� 3
Y: AMIS
EJCCES Mti9MLLA LIA*AM URRRNCE Is
O=URQ DLAIMSMADE A REl1A1� R
S
DULIOTISLE '
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WORKJ 6 QBMPVAM11OlK AND $TATO 0TH.
FetPtorenRr NAEILrTY
ANYPROPFRTORIP ?LIECUTIVE I.LEACMACCIDENT i
aPP�LR/rAFARRER �� E.L.DISEASE•EA fiMP 6
>f undw
on" 4116 beloo 61.DISEASE-POLICY LML;
-
DFSCfdPV N OF 0P9AA710NS I LOCKnONS 1 V6Hp6L86 J POLUSIONS ADDED BY ENDOIKENENY I S EMAL PRO{BIOS
Sub0d to Wiry terms,conditions,b exclusions,the
City of Fort Wcpdh,Its coicery and/or employees are additional 1MR94119
es rsspRllcts genOMI liability.
REIGATE LD£ft CA ELLATIb
SHO LD ANT OF THE AMOK DEACR IND POLIMS ge CAWOLLFD•EFOW THE fiXOMTON
City of Fan Worth,ID&OP qA THEREOF,THI13..WNd1N3URPIRMLI,HNDEAVORIOMAIL _JUL DAy6VJP Mw
1000 Throokmorton St Nati E TO THE CF!wrwr,AYE HOLMR NAMEp TO THE jArr,BLIT FAIWRS To OD ao 2MALL
Fort Worth,TX T61D2 IU"E NO OKIGATIOk oa UASILTTY OF ANY KI"D uroN TIF IM6kXkot,11'i ACCWM on
REF XBENTATIVES. _
AUTWR RW REPRE2L'NTATI
ACORD 26(2001M) 1 of 2 NS128189IM120187 PNG 0 ACORD CpRPQRA N ION
JQ �CIT
Fix,
x
07/23/2005 09:57 E173324544
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JUL-22-2004 THU 09;53 Ali HIGGINBOTHAM FAX N0, 0000000000 P. 02/02
IMPORTANT
i
If the cer0cate holder Is an ADDITIONAL INSURED„the policy(iec.)must be endorsed. A statement
on this certfflcate does not confer fights to the eert"te holder in lieu of Such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditlom;of the policy,certain policies may
require an endorsement. A statement on this certificate does riot corner rr Ma to the certificate
pokier In lieu of such endonsement(s).
1
DtSCLAHAER
i
The Certificate of Insurance on the reverse side of this form does not constitute a om*act between
the iasuing insurer(s), auttxirized represenlAive or prpducer,and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter tho' coverage afforded by the policies fisted thereon.
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ACORC 23-S(ssolro�
2 of 2 *S1281891M128167
.Ciiy of Fort,Worth Transportation and Public Works Street Use Permit Page 1 of 1
FORT WORTI H CITY OF FORT WORTH
TRANSPORTATION AND PUBLIC WORKS
STREET USE PERMIT
DATE 7/20/2004 PERMIT#57942 MAPSCO 77A D.O.E.#
(if applicable)
STREET BLOCK FROM TO DATE Mon.-Fri.Time TIME TIME
BEGIN END BEGIN END SAT. SUN.
1.MAIN ST ]700-800 W 6TH ST I W 7TH ST 7/19/2004 12/16/2004 24HRS 24HRS 24HRS
TYPE OF WORK TO BE PERFORMED:Other-Fee
DUMPSTER AT 714 MAIN STREET OK AS PER ATTACHED TRAFFIC CONTROL PLAN"SPECIAL EVENTS IN DOWNTOWN MAY
REQUIRE THE DUMPSTER AND PLATES TO BE REMOVED FOR SHORT PERIODS OF TIME,BUT THE PERMIT MAY BE
EXTENDED TO COMPENSATE FOR THESE PERIODS.
THIS PERMIT IS GRANTED TO THE CONTRA CTORIAPPLICANT 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. ^^/
FINLEY REAL ESTATE HOLDINGS,LP AARON LONG 4t 7 �
CONTRACTOWAPPLICANT CFW CONTACT /
EMERGENCY CONTACT NAME FREDDIE RODRIGUEZ
24-HOUR 817-332-4840 MOBILE 817-437-2490 PGR# FAX#817-3324544
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://tpwpennit.cfwnet.oriz/-Do-ouD nermit.asn?nermit id=579,17
1UL-14-2004 WED 03:43 PM T/PW T, E, STREET MGMT, FAX NO, 817 392 8941 P. 02
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m This plan is submitted for TCP. I certify this plan will be used for the foiling location(s):
N � �
and that all channelizing devices will conform to 'General Note' as shown on the back.
LU
o Signature: Date
CITY OF FORT WORTH TYPICAL LAYOUT FOR DUMPS-TER-
TRANSPORTATION
AND Note: 1
See reverse side for General Notes and Device Spacing PLAN '310
PUBLIC WORKS '