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HomeMy WebLinkAboutContract 44345 (2)CONTRACT NO. ciTVS&CItTAIYJl,, NO. 2011-6457-2 CITY OF FORT WORTH v. MARK EDWIN SANDERS; et al. CONDEMNATION PROCEEDINGS COUNTY COURT AT LAW NO. 2 TARRANT COUNTY, TEXAS NEGOTIATED SETTLEMENT AGREEMENT • • This agreement ("Agreement" or "Settlement Agreement") is made between the City of Fort Worth ("City"), by its authorized Assistant City Manager, and Mark Edwin Sanders ("Sanders"). WHEREAS, the City is a home rule municipality of the State of Texas; and WHEREAS, the City and Sanders are sometimes individually referred to as a "Party" and collectively as the "Parties"; and WHEREAS, the City filed suit against Sanders in Cause Number 11-006457- 2, to condemn and acquire the tracts or parcels of land described in the City's petition; and WHEREAS, three special commissioners were subsequently appointed to preside over and to hear the Parties in this proceeding to determine the fair market value of the land to be taken and the damages, if any, to the remainder; and WHEREAS, the Cityand Sanders agree that bona ode disputes and controversies g .� exist between them; and WHEREAS, the City and Sanders desire to compromise and settle any and all claims and/or causes of action between the Parties; and WHEREAS, the Parties iaveag-r--eed-c-t-=s-et le all disputes by the City paying OFFICIAL RECORD NEGOTIATED SETTLEMENT AGREE��' ' SECRETARY CFW v Mark Edwin Sanders (DOE 6215 Par s #1�8���84:3 if I)id j n Page 1 of 8 RECEIVED APR - 4 2013 Sanders the consideration described in this Agreement for the property that is described in the City's petition, a 204 square foot tract or parcel in fee to be used as a permanent sewer facility easement; a 30,925 square foot tract or parcel to be used as a permanent sewer facility easement; and a 34,687 square foot tract to be used as a temporary construction easement. The property is described in the metes and bounds and surveys attached as Exhibits A-F ; and WHEREAS, this Agreement supersedes any previous agreements and contracts, and any such previously executed agreements or contracts, whether or not executed, are null and void. NOW, THEREFORE, in consideration of the recitals set forth above, the mutual promises and agreements made herein, and other valuable consideration, the receipt and sufficiency of which is acknowledged, the City and Sanders agree: 1. Recitals. The recitals contained in this Agreement: (a) are true and correct as of its effective date; (b) form the basis upon which the Parties negotiated and entered into this Agreement; and (c) reflect the final intent of the Parties with regard to the subject matter of this Agreement. In the event it becomes necessary to interpret any provision of this Agreement, the intent of the Parties, as evidenced by the recitals, shall be taken into consideration and, to the maximum extent possible, given full effect. The Parties have relied upon the recitals as part of the consideration for entering into this Agreement. 2. Mutual Release. For and in consideration of the recitals set forth above and the actions to be taken under the terms of this Settlement Agreement as described below, NEGOTIATED SETTLEMENT AGREEMENT Page 2 of 8 CFW v Mark Edwin Sanders (DOE 6215 —Parcels #18 & 20) Sanders on the one hand and the City on the other hand do hereby RELEASE, ACQUIT, and FOREVER DISCHARGE each other and their agents, servants, employees, executors, heirs, and assigns, and all persons, natural or corporate, in privity with it or any of said persons from any and all claims, demands, or causes of action of any kind whatsoever, at common law, statutory, or otherwise, which they have now, known or unknown, existing, directly or indirectly, attributable to the circumstances made the basis of the above entitled and numbered cause of action, it being intended by the Settlement Agreement to RELEASE, ACQUIT, and FOREVER DISCHARGE all claims of any kind which the parties might have against each other, whether asserted in the above entitled and numbered cause of action, or not. Each Party understands that this release includes any attorney's fees or expenses and that no such fees or expenses shall be available. 3. Dismissal of Case. The City and Sanders agree that a motion to dismiss this case will be presented to the Court, dismissing all causes of action asserted by the City in the above cause and acknowledging that Sanders is relinquishing any and all claims and/or causes of action that Sanders might assert against the City because of this condemnation action. Further, the City and Sanders agree that an order of dismissal will be presented to the Court to dismiss this case, taxing court costs against the City. 4. Consideration. For and in consideration of the recitals and releases set forth above and other provisions set forth below, to fully and finally settle this lawsuit and to obtain the property described in the City's condemnation petition that is further described in Exhibits A-F, all exhibits attached and incorporated in this Agreement, the NEGOTIATED SETTLEMENT AGREEMENT Page 3 of 8 CFW v Mark Edwin Sanders (DOE 6215 — Parcels #18 & 20) City agrees to: a. pay Sanders $44,100.00 for all of the property interests described in the City's petition and further described Exhibits A-F; and b. erect and maintain a temporary security fence with two gates along the southern end of Sander's property extending northeasterly along the western perimeter of the temporary construction easement terminating at Sanders' northern property line according to the specs attached to this Agreement as Exhibit G; and c. engage in dust control as described by the specs attached to this Agreement as Exhibit H so that dust or other harmful or annoying substances or effects are minimized to prevent injury to persons and damage to property; and d. erect and maintain a temporary silt fence during construction as described by the specs attached to this Agreement as Exhibit I. e. e. remove and replace soil according to Exhibit J. 5. Conveying Document. Sanders, at the signing of this Agreement, will execute and deliver to the City documents necessary to convey the property interests described in the City's petition and further described in Exhibits A-F, including any releases (ie. mortgage, liens, etc.) necessary to convey good title to the City. 6. Temporary Construction Easement. Sanders agrees to allow the City to begin use of the temporary construction easement at its sole discretion. 7. Parties Bound. This Agreement shall be binding upon and inure to the NEGOTIATED SETTLEMENT AGREEMENT Page 4 of 8 CFW v Mark Edwin Sanders (DOE 6215 — Parcels # 18 & 20) benefit of the Parties to this Agreement and their heirs, executors, administrators, legal representatives, successors, and assignees. 8. Prior Agreements Superseded. This Agreement constitutes the only agreement of the City and Sanders for settlement of any and all claims arising from the condemnation action against Sanders; and it supersedes any prior understandings and written or oral agreements between the Parties respecting the settlement of this case. 9. Texas Law to Apply. This Agreement shall be construed under, and in accordance with, the laws of the State of Texas, and all obligations of the Parties created by this Agreement are performable in Tarrant County, Texas. 10. Legal Construction. If any of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable, the invalidity, illegality, or unenforceability shall not affect any other provision of this Agreement, and this Agreement shall be construed as if the invalid, illegal, or unenforceable provision had not been included in the Agreement. 11. Remedies. If either Party commits a breach of this Agreement, the non - breaching Party may, in its sole discretion, and without prejudice to any other right under this Agreement, law, or equity, seek any relief available at law or in equity, including, but not limited to, an action under the Uniform Declaratory Judgment Act, specific performance, mandamus, and injunctive relief; provided, however, that the non -breaching Party shall not be entitled to terminate this Agreement. The Parties specifically waive any right that they have or in the future may have to terminate this Agreement. In addition, the prevailing party in any such action shall be entitled to reasonable attorney's NEGOTIATED SETTLEMENT AGREEMENT Page 5 of 8 CFW v Mark Edwin Sanders (DOE 6215 — Parcels #18 & 20) fees and costs of litigation as determined in a final, non -appealable order in a court of competent jurisdiction. 12. Amendment. No amendment, modification, or alteration of the terms of this Agreement shall be binding unless it is in writing, dated subsequent to the date of this Agreement, and duly executed by the City and Sanders. NAcc, Executed and effective on the 2ip O day of , 2013, at Fort Worth, Tarrant County, Texas. Mark E wi dens STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, Notary Public in and for the State of Texas, on this day personally appeared MARK EDWIN SANDERS, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of a-2013. Notary Public in and for the State of Texas KIM MACHI MY COMMISSION EXPIRES April 5, 2014 NEGOTIATED SETTLEMENT AGREEMENT Page 6 of 8 CFW v Mark Edwin Sanders (DOE 6215 — Parcels #18 & 20) APPROVED AS FORM AND LEGALITY: Christopher B. Mosley Senior Assistant City Attorney City of Fort Worth 1000 Throckmorton Street Fort Worth, Texas 76102 (817) 392-7600 Attorney for Petitioner AP VED AS TO FORM: David E. Williams, c> Machi & Associates 1521 N. Cooper Street, Suite 550 Arlington, Texas 76011 Tel: (817) 335-8880 Attorney for Defendant MARK SANDERS ATTEST: THE CITY OF FORT WORTH cnikah By: Fernando Costa Assistant City Manager 4) By. Mary K City Secretary 61,04g, foil? itt �d dp oo °00o00o000 xtkitexAs .r NEGOTIATED SETTLEMENT AGREEMENT CFW v Mark Edwin Sanders (DOE 6215 — Parcels #18 & 20) OFFICIAL RECORD C1TY SECRETARY FT. WOR1'Ne TX Page 7 of 8 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, Notary Public in and for the State of Texas, on this day personally appeared Fernando Costa, Assistant City Manager to the City of Fort Worth, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this / 57' day of Apr; L JrucrrJr, 2013. Anet-t.-1 6LP-tad/ Notary Public in and for the State of Texas Y s II I .t W its AI . -Me _ DMA DANIELS MY COMMI$SION EXPIRES July 10, 2013 • 1 • T NEGOTIATED SETTLEMENT AGREEMENT Page 8 of 8 CFW v Mark Edwin Sanders (DOE 6215 — Parcels #18 & 20) City of Fort Worth v. Mark Edwin Sanders NEGOTIATED SETTLEMENT AGREEMENT EXHIBIT A SANITARY SEWER MAIN 257 UPPER AND MIDDLE VILLAGE CREEK PARALLEL RELIEF MAIN, PART 1 CITY PROJECT Na. 01226 PARCEL No. 18 PE 8405 ANGLIN DRIVE SHELBY COUNTY SCHOOL LAND SURVEY, BLOCK 47, ABSTRACT No. 1375 Being a permanent sanitary sewer casement situated in the Shelby County School Land Survey, Block 47, Abstract No. 1375, Tarrant County, Texas, and being out of a 10.23 acre tract of land (by dead) described as Tract 2, deeded to Mark Edwin Sanders as recorded to Volume 15785, Page 117 of the Deed Records of Tarrant County, Texas, said permanent sanitary sewer easement being more particularly described by meta and bounds as follows: BEGINNING at a 5/8 iron rod found for the northwest corner of said 10.23 acre tract of land, said 3/8 inch iron rod being the northeast comer of a 4.439 acre tract of land (by deed) deeded to Texas Electric Service Company as recorded in Volume 5661, Page 245 of said Deed Records of Tarrant County, Texas, said 5/8 inch iron rod also being the southeast corner of a 1.145 acre tract of land (by deed) deeded to Texas Electric Service Company as recorded in Volume 5628, Page 156 of said Deed Records of Tarrant County, Texas, said 5/8 inch iron rod also being in the south line of a 14.05 acre tract of land (by deed) deeded to Bill Cate and wife, Becki Cate as recorded in County Clerk's File No. 0209030378 of said Deed Records of Tarrant County, Texas; THENCE South 89 degrees 54 minutes 50 seconds East, with the north line of said 10.23 acre tract of land and with the south line of said 14.05 acre tract of land, a distance of 20.22 feet to a point for comer, THENCE South 44 degrees 44 minutes 27 seconds West, a distance of 28.42 feet to a point for comer in the west line of said 10.23 acre tract of land, said point being in the east line of said 4.439 acre tract of land, from which a 5/8 inch imn rod with cap stamped "Brooks Baker" found for the southwest comer of said 10.23 acre tract of !and bears South 00 degrees 36 minutes 17 seconds East, a distance of 841.21 feet, said 5/3 inch iron rad with cap stamped "Brooks Baker" being in the east line of said 4 439 acre tract of land; THENCE North 00 degrees 36 minutes 17 seconds West, with the west line of said 10.23 acre tract of land and with the east line of nit' 4.439 acre tract of land, a distance of 20.22 fed to the POINT OF BEGINNING and containing 204 iquare feet or 0 C05 acres of land more or less. SANITARY SEWER MAIN 257 UPPER AND MIDDLE VILLAGE CREEK PARALLEL RELIEF MAIN, PART 1 CITY PROJECT No. 01226 PARCEL No. 18 PE 8405 ANGLIN DRIVE SHELBY COUNTY SCHOOL LAND SURVEY, BLOCK 47, ABSTRACT No. 1375 NOTES: 1) Bearings are referenced to the Texas Coordinate System, NAD-83, North Central Zone 4202. All distances and areas shown are surface. 2) A plat of even survey date accompanies this legal description. Date: February 03, 2010 Curtis Smith Registered Pmfessional Land Surveyor No. 54114 City of Fort Worth v. Mark Edwin Sanders NEGOTIATED SETTLEMENT AGREEMENT EXHIBIT B 41CaNTY MAP 1 1 SITE PAGE 104 1 1 '/ / / / 20.0' PERMANC 41 SAH(rARY // 1 // 5C*EA EASEMENT m/ /r /t GOr FORT smarm/ WIUutI 12S4. PA4Y S42 i / O.A.T.C..r. / / 1 / EXHIBIT is' ist4 a Ij3 g ► it- 91 1 H.T. L 07) u / Nat A LLSM. QE3CRrPnON Or CWE34 QATY ACCCuS/Nat3 THt! PUT P.0.8 rTto 1/1134 N,2 2201i 4� nq1. h 4318 GQv 5 R �� �a. 3� �A�a SURD/''`/./ 14 1 / / �'�•.- AP}ANK]NT ee nO 40oft / / / /2ao' Pt Ata SANTARv C.C.r. O. 0-2000503711 // /• SLM[Jr EISiDNt2?NT o.r<.r.c.r. /,/ /�/ (NO atccNrowo t►sfOi 4A1'04 FitlNOt / / / / / / ,/ / / / / / 9 SVS4'501 '20.22' mono" / / J/ / / 9 444'2YW 25.42' saes ail PERMANENT' SANrTARY SEWER EASIDIENT 204 SO. FT. OR 0.008 ACRES TRACT 2 10.23 ACRES (BY DEED) MARK EDWIN SANDERS VOLUME 15733. PAGE 117 D.R,T.C.T. n+0 5/e.C.APPCO LRON Roo STAM w '0Aa0+t7 SAt ur menu ounces An TO OAK Teas Coom 1MTC JTS2Ui NA8 -d� rt+t morn c/XTwx MAC Art ALL, USTANXf MAO ARM vas M[ AZ[.+ o Wo • 11440LC PROPERTY WAt k 049C4D4T IOCAnON 100 50 0 100 SCALE IN FEET City of Fort Worth • YYT '1 IcfltraRrn 'flit/ . r-at lqM, fa/ tt1-2 r_.J-Aft WWW.a i r.RMAI.ENT WAiTAA1' ;Offal r1s0•401T +n y 4 1J.23 .&CRC MAC CF LAh0 7TtArTD M 04C cP461.11Y CCUITY SCHCCt LA.NO SURVEY, OtCC( 0, ABSTRACT No. 1371 r,n.iur CCLUTY, rm7U4 Gel rT 41 .V ,rt(;2IE I S ?+CE 1 1 1 -& I • rr9 .tLrftt r1 '' �AAR rn. r rr_ nag _ •.,/„I.�• F'Ai L+.•1 .TT .•w-i �a..� -.s:r"'!L .eL,�-I —..v.vtC� .'�_:_.:1 _,i�...__.�_ fi • in id 1 11 rf w+1. "''T t 1 '1.�' ±`.f..l.. `I�`i.i -1 -tIS � -mot t _T •� L £1, .. ----_ .1 .. )mono ' f-4 i.2i,��. .�._ ,n ell AY°. CLRTIS StMC y \ ra �Y�r r cal •f.a . i Z ..L.1 . „"f.:_.. ""`!^'"'i .rim+-y µ,+ marp•u">`•CrAwf * / ex:A//4 t • 1711 ,.i v r irrq tt 1,k - } • It / - 4 4i4- f 414 rt /titt2 575i0it FAA !t/-442-1/"Se City of Fort Worth v. Mark Edwin Sanders NEGOTIATED SETTLEMENT AGREEMENT EXHIBIT C SANITARY SEWER MAIN 237 UPPER ANDMIDDLE VILLAGE CREEK PARALLEL RELIEF MAILS, PART I CITY PROJECT No. 01226 PARCEL No. 20 PE 8403 ANGLIN DRIVE SHELBY COUNTY SCHOOL LAND SURVEY, BLOCK 47, ABSTRACT No. 1375 Being a 45.0' permanent sanitary sewer easement situated in the Shelby County School Land Survey, Block 47, Abstract No. 1375, Tarrant County, Texas, and being out of a 19.35 acre tract of land (by dead) described as Tract 1 deeded to Mark Edwin Sanders as recorded in Volume 15785, Page 117 of the Deed Records of Tarrant County, Texas, said 45 0' permanent sanitary sewer easement being more particularly described by metes and bounds as follows: BEGINNING at a point in the cast line of said Tract I, said point being in the west line of a 4.473 acre tract of land (by deed) deeded to Texas Electric Service Company as recorded in Volume 3566, Page 645 of said Deed Records of Tarnurt County, Texas, from which a concrete monument found for the northeast corner of said Tract 1 bean North 00 degrees 35 minutes 54 seconds West, a distance of 256.97 feet, said concrete monument being the northwest corner of said 4.473 acre tract of land; THENCE South 00 degrees 35 minutes 54 seconds East, with the east line of said Tract I and with the west line of said 4.473 acre tract of land, a distance of 67.45 feet to a point for comer, from which a 5/8 inch iron rod with cap stamped "Brooks Baker" found for the southeast corner of said Tract I bears South 00 degrees 35 minutes 54 seconds East, a distance of 540 07 feet, said 5/8 inch iron rod with cap stamped "Brooks Baker" being in the west line of said 4.473 acre tract of land, 5/8 inch iron rod with cap stamped "Brooks Baker" being the northeast corner of Block 2 of Timberview Golf Club Addition, an addition to the City of Fort Worth, Tarrant County, Texas, as recorded in Cabinet A, Slide 6823 of the Plat Records of Tarrant County, Texas; THENCE South 32 degrees 22 minutes 11 seconds West, a distance of 642.68 feet to a point for corner in the south line of said Tract 1, said point also being in the north line of said Block 2; i}IENCE C}IENCE THENCE South 39 degrees 32 minutes 43 seconds West, with the south line of said Tract 1 and with the north line of said Block 2, a distance of 53.55 feet to a point for comer, North 32 degrees 22 minutes 11 seconds East, a distance of 690.46 feet to a point for comer, North 44 degrees 44 minutes 27 seconds East, a distance of 38.73 feet to the POINT OF BEGINNING and containing 30,925 square feet or 0.710 .tcrea of Lind more or less Exhibit �� SANITARY SEWER AMAIN 237 UPPER AND MIDDLE VILLAGE CREEK PARALLEL RELIEF MAIN, PART 1 CITY PROJECT No. 01226 PARCEL No. 20 PE 8405 ANGLIN DRIVE SHELBY COUNTY SCHOOL LAND SURVEY, BLOCK 47, ABSTRACT No. 1375 NOTES: 1) Bearings are referenced to the Texas Coordinate System, NAD-83, North Central Zone 4202. All distances and areas shown are surface. 2) A plat of even survey date accompanies this legal description. Date: February 03, 2010 Curtis Smith Resipstered Prole -morn] Lind Surveyor `+o 5494 ige 2ot 2 City of Fort Worth Mark Edwin Sanders NEGOTIATED SETTLEMENT AGREEMENT EXHIBIT D • r. I`o/ t*tw 9 Tc nouns vlclfm WP cwncfl exama._ . Truer 1.00 ACRE (BY OELD WR$( tb'A+N VOL UUC 1 S7SS, PA4E 117 O.14.i.C.7. SITE PACt 104 TRACT R104.400 C. aASSO.W ' cujut 12267, PAGE 2 o.$.r.C.r. 1 3 41 * 107) 3f "' 111r0 C4CR NCrc 41 40� 5 3 'a' anszwr ��a1e Sjt AC 14 tia. S 3� { P. O. at SH _.,rY , 94. ; 20.0' P0444440rr SANTARY f ; ?:, WREN EAS0400 TO CITY Of TORT rtrtrif r.;:• :": WIUUt Sit4. Ps" 342 A++o1.c moonery we a turutxr wands TRACT 19.35 ACRES (BY °EEO) MARK EDWiN SANDERS VOLUI4E 157$5, PAGE 1 t 7 O.R.T.C.T. 46.0' RERIAA 1ENT 27103 tY SEWER EASEMENT 30,925 SQ. FT. OR 0.710 ACRES / , t/ // / / 20.0' PERU.a 1041 SMifr/02 , / / // SEwt71 CASCLO21 / /, j ft* WORTH ' /' v20U1/C TO CrTY a //AGE370 / // ,''t.. o.acc.r. ,� / /,� .s.o' WKfARY SEWN 14543+e41: ...4.:::1$9::::t 1:,.t,'/ / / • / / I / J / •F %//,/ / /NO S/0'C0003) 1410M R00 STAYPEO 0000143 war lea air L•_3'�' /J J ;• ;" '/ / BLocx 0 77033RPI31I Corr CLUB ADDITION CADIN3r A. SLIDE 4823 P.A. r. c. r. 1/410 A t440. 000001004 or MN •,' ,J • CARIRE1 A. SUM 8>t?i of IT ACCQuvuais Hirt PLAT.l./ /./ 00:14.r, r1K 0rrj . Mane met RETnle1Cto rio 0* 180/3 C000OMar4 7TU1,/ACM�I7 1 1•t8014 C0RRa6 80* ♦00 00' O2S3 0040 0* 0020 04002 0/041CG qmster / 1.-2," , // // // // / / // / / / / / / / / / ,/ K 1 1 150 75 0 150 SCALE IN FEET o wo City of Fort Worth •/1"0 '%-""PVVC.A'r'./ i'-SILT . rrat ..'.rrw• r/a4 '1' `0 rn<Vf 44/fl4 4 35.134 ;624u2ENT 1.A.hinkRy rnsR CAS Eta ea L7 4 A 17II 2CRC MAC Cr Lib° Irtar5D $ 1i IHEl73 CC7 961 SCNCCI. LAND SURVEY, BtCCX 27, ?85 :1,ACT !to. 1375 T1FRANT CCUKTY, TEXAS v .t tiCPVIU >M '3 14720 1I P35, PACE 117 144 4L'/AG1 ^I 'Velar :7.00.11, ••••n.rC' . 1 n tr C.s.4 1444 :21 vorf 10.0 .,CCIE r,i �1. ( '1 f 11 (\'7 + Yi ' 7.` LI; L ' .4:.+, rt Hill • 11/-I4a--1122 • r- 1 _nI • /+.t 31t-144--I1!d 1 City of Fort Worth v Mark Edwin Sanders NEGOTIATED SETTLEMENT AGREEMENT EXHIBIT E SANITARY SEWER MAIN 257 UPPER AND MIDDLE VILLAGE CREEK PARALLEL RELIEF MALN, PART 1 CITY PROJECT No. 01226 PARCEL No. 20 TE 8405 ANGLIN DRIVE SHELBY COUNTY SCHOOL LAND SURVEY, BLOCK 47, ABSTRACT No. 1375 Being a 45.0' temporary construction easement situated in the Shelby County School Land Survey, Block 47, Abstract ?4o. 1375, Tarrant County, Texas, and being out of a 19.35 acre tract of land (by deed) described as Tract 1 deeded to Mark Edwin Sanders as recorded in Volume 15785, Page 117 of the Deed Records of Tarrant County, Texas, said 45.0' temporary construction easement being more particularly described by metes and bounds as follows: BEGINNING at a point in the east line of said Tract 1, said point being in the west tine of a 4.473 acm tract of land (by deers) deeded to Texas Electric Service Company as recorded in Volume 3566, Page 645 of said Deed Records of Tarrant County, Texas, from which a concrete monument found for the northeast corner of said Tract 1 bears North 00 degrees 35 minutes 54 seconds West, a distance of 193.70 feet, said concrete monument being the northwest corner of said 4.473 acre tract of land THENCE South 00 degrees 35 minutes 54 seconds East, with the east line of said Tract 1 and with the west line of said 4.473 acre tract of land, a distance of 63.27 feet to a point for comer, from which a 5/8 inch iron rod with cap stamped "Brooks Baker" found for the southeast corner of said Tract 1 bears South 00 degrees 35 minutes 54 seconds East, a distance of 607 52 feet, said 5/8 inch iron rod with cap stamped "Brooks Baker" being in the west line of said 4 473 acre tract of land, said 5/8 inch iron rod with cap stamped "Brooks Baker" being the northeast corner of Block 2 of Timberview Golf Club Addition, an addition to the City of Fort Worth, Tarrant County, Texas, as recorded in Cabinet A, Slide 6823 of the Piet Records of Tarrant County, Texas; THENCE South 44 degrees 44 minutes 27 seconds West, a distance of 38.73 feet to a point for corner, THENCE South 32 degrees 22 minutes 11 seconds West, a distance of 690.46 feet to 3 point for comer in the south line of said Tract 1, said point being in the north line of said Block 2; TIIENCE South 39 dcgrets 12 minutes 43 seconds West, with the south line of said Tract 1 and with the north line of said Block 2, a distance of 53.55 fed to a point for corner; ['HENCE North 32 degrees 22 minutes 11 seconds East, a distance of 724.37 feet to a point for comer, <' Extithit r. fb • SANITARY SEWER MAIN 257 UPPER AND MIDDLE VILLAGE CREEK PARALLEL RELIEF NtAIN, PART t CITY PROJECT No. 01226 PARCEL No. 20 TE 8405 ANGLLN DRIVE SHELBY COUNTY SCHOOL LAND SURVEY, BLOCK 47, ABSTRACT No, 1375 THENCE North 44 degrees 44 minutes 27 seconds East, a distance of 88.08 feet to the POINT OF BEGLNNTNG and containing 34,687 square felt or 0.796 acres of land, more or leas. NOTES: 1) Bearings are referenced to the Texas Coordinate System, NAI7-83, North Central Zone 4202. All distances and areas shown are surface. 2) A plat of even survey date accompanies this legal description. Date: February OS, 2010 Curh9 Smith Registered Professional Land Suneynr Pi{e 2 0f t cuan; sum ick#1,1_. sof "!) rr''"09' ICJ City of Fort Worth v. Mark Edwin Sanders NEGOTIATED SETTLEMENT AGREEMENT EXHIBIT F vcflrY MAr 94*PSCO PAG( 104 • 1 iYPLA � M• R5 SE let:IiiYAE! i! C 11S>111141 s1iwlEt!!": it TRACT 5 1.00 ACRC (07 Otgi WARN MAIM g+�/►0� VOLUWt I5765, PA4E 117 O.R.T.C.T. 'I �4aCK S��oa�. USII S�EL$�,�COpB aPGt So. 1�sQ SUA s o1 PROPERTY YAP Sr1[N CAS[T LOCATION TRACT 1 19.33 ACRES (BY DEED) MARK EDWIN SANDER'S 7+4U4C 13756, PACE 117 D.R.T.C.T 43.4' TEIMPORARY CONSTRUCT/ON EASEMENT 07 34i,dSQ. FT. OR 0.710 ACRES TRACT MOW° C. r/0000 W7UWt 12261, PAGE Ili / 0.R.T.C.T. / / /' /` // RA S/st.APPSD 1PON POO MWMP `.;..i,•.� / STA4P[D "9ROOIt? HAMU' .'�,';�/'7//,` BLOCK 2 L-4 /2/ /'/' Tata7Ri7,lT COL.► ;,, ,�,/ CLUB ADDITION CABINET A, SLID, 6823 / P.R.T:C.T, /�/ ///\-I0.0' PfRwM(M SUNIARY / / / / Stour Damao \ , j/ //,` TO CITY Q/ row wort i / / / Wn.UW 5784, PM* 570 // , / 0•R.T.C,T. /,./ ,//' 45.0. PVCWnQVt SNRtsRY / / / / SLMTR US/]1UR »OTC A UCAL DCtRtrnoN or nut i/' ,/,' Gann A SUO( MIS DIM ACCOWP,v+E! mis PLAr ,/ / i ,' P.R.rc.►. 150 75 ~GP 4.10110 L 1 113.0.13 015 S I I / / // / / 14 /'/aid / r •.: J' ea) / / ,/ c/ hp' NOTE w.*ntos Aft MTvtINCTD ro n* TU*3 coommA t rink NAy rltt NORTH Comm. IC4 4Sl ALL OISTAIICS3 »C AREA! 9i0aW ARE Il#ACL i I rho conalt C uoNuuort I P 1101,1 awni ggw las /1E4 hig 5,g SCALE IN FEET o � City of Fort Worth Io00 f.P.7CYt+UYtC$ s P 7T • MATT d4t$. T n Aft n ca-et %io n.o 1. WA' TtiPC12ARY CONSTRUCTION EASEMENT asY c * 19.33 )CAE TRACT Of LNG strutter 71 TIC SHELBY CCRPI Y SCN00(. LAND SURVEY, BLOCK 47, ABSTRACT No. 1.375 TAARANT COUNTY,UNoram wtWU( 143 3763. PACE ► 1 7 ctm ''C$D! cq '• a'J(v ca.MPr, Mu! P ter: twnAr thee 41 151 CPOaf! v.0 Woalt itL•../ va go ;CI ;t4. Li2d tE G31Eal P 1.4Jt111 44.. ET •.c v*, P 447 i is UY P • r .ur�1l K c SAY _e .it I4.1 iC!JPc f31 CRp'.12Z ACP:: r-t;tt ;u1 �{ ��.r irG 'rl A :411 ,� -.,...O . z ,1ak 4 lvd /t 7/7ru l &/soc.+r21. .4 • s.m rvowo n•.+1 t Fxhihit rc, ism • 1,7.141-1.7♦ FAX 117-/t7M1•-1/14 150 11.A•r MDR I 1 I i City of Fort Worth v. Mark Edwin Sanders NEGOTIATED SETTLEMENT AGREEMENT EXHIBIT G 1 2 015000-1 IIMPORARY FACII.ITILS AND CONTROLS Page 1 of 4 SECTION 01 50 00 TEMPORARY FACILITIES AND CONTROLS 3 PART 1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Provide temporary facilities and controls needed for the Work including, but not 7 necessarily limited to: 8 a. Temporary utilities 9 b. Sanitary facilities 10 c. Storage Sheds and Buildings 11 d. Dust control 12 e. Temporary fencing of the construction site 13 B. Deviations from this City of Fort Worth Standard Specification 14 1. None. 15 C. Related Specification Sections include, bttt are not necessarily litnited to: 16 I. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 17 2. Division 1 — General Requirements 18 1.2 PRICE AND PAYMENT PROCEDURES 19 A. Measurement and Payment 20 I. Work associated with this Item is considered subsidiary to the various Items bid. 21 No separate payment will be allowed for this Item. 22 1.3 REFERENCES INOT USED) 23 1.4 ADMINISTRATIVE REQUIREMENTS 24 A. Temporary Utilities 25 1. Obtaining Temporary Service 26 a. Make arrangements with utility service companies for temporary services. 27 b. Abide by rides and regulations of utility service companies or authorities 28 having jurisdiction. 29 c. Be responsible for utility service costs until Work is approved for Final 30 Acceptance. 31 f) Included are fuel, power, light, heat and other utility services necessary for 32 execution, completion, testing and initial operation of Work. 33 2. Water 34 a. Contractor to provide water required for and in connection with Work to be 35 performed and for specified tests of piping, equipment, devices or other use as 36 required for the completion of the Work. 37 b. Provide and maintain adequate supply of potable water for domestic 3g consumption by Contractor personnel and City s Project Representatives. 39 c. Coordination 40 I) Contact City I week before water for construction is desired CITY OF FORT WORT' 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 201 I llnscn Projce1 Name! 11nsert Prolcct Numbed 01 5000-2 "TEMPORARY FACILITIES AND CONTROLS Page 2of4 d. Contractor Payment for Construction Water 2 1) Obtain construction water meter from City for payment as billed by City's 3 established rates. 4 3. Electricity and Lighting 5 a. Provide and pay for electric powered service as required for Work, including 6 testing of Work. 7 I) Provide power for lighting, operation of equipment, or other use. 8 b. Electric power service includes temporary power service or generator to 9 maintain operations during scheduled shutdown. 10 4. Telephone 11 a. Provide emergency telephone service at Site for use by Contractor personnel 12 and others performing work or furnishing services at Site. 13 5. Temporary Heat and Ventilation 14 a. Provide temporary heat as necessary for protection or completion of Work. 15 b. Provide temporary heat and ventilation to assure safe working conditions 16 B. Sanitary Facilities i7 I. Provide and maintain sanitary facilities for persons on Site. 18 a. Comply with regulations of State and local departments of health. 19 2. Enforce use of sanitary facilities by construction personnel at job site. 20 a. Enclose and anchor sanitary facilities. 21 b. No discharge will be allowed from these facilities. 22 c. Collect and store sewage and waste so as not to cause nuisance or health 23 problem. 24 d. Haul sewage and waste off -site at no Tess than weekly intervals and properly 25 dispose in accordance with applicable regulation. 26 3. Locate facilities near Work Site and keep clean and maintained throughout Project. 27 4. Remove facilities at completion of Project 28 C. Storage Sheds and Buildings 29 I. Provide adequately ventilated, watertight, weatherproof storage facilities with floor 30 above ground level for materials and equipment susceptible to weather damage 31 2. Storage of materials not susceptible to weather damage may be on blocks off 32 ground. 33 3. Store materials in a neat and orderly manner. 34 a. Place materials and equipment to permit easy access for identification, 35 inspection and inventory. 36 4. Equip building with lockable doors and lighting, and provide electrical service for 37 equipment space heaters and heating or ventilation as necessary to provide storage 38 environments acceptable to specified manufacturers. 39 5. Fill and grade site for temporary structures to provide drainage away from 40 temporary and existing buildings. 41 6. Remove building from site prior to Final Acceptance. 42 D. Temporary Fencing 43 1. Provide and maintain for the duration or construction when required in contract 44 documents 45 E. Dust Control CITY Or FORT WORTII STANDARD CONSTRUCI ION SPF.CIFICA rION DOCUMtiN'FS RevisedJuly I.2011 [Insert Project Name) [Insert Project Number[ 015000-3 TEMPORARY FACILIT1r.5 AND CONTROLS Page3 of4 1. Contractor is responsible for maintaining dust control through the duration of the 2 project. 3 9. Contractor remains on -call at all times 4 b. Must respond in a timely manner 5 F. Temporary Protection of Construction 6 (. Contractor or subcontractors are responsible for protecting Work from damage due 7 to weather. 8 1.5 SUBMITTALS (NOT USED] 9 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS (NOT USED) 10 1.7 CLOSEOUT SUBMITTALS (NOT USED) 11 1.8 MAINTENANCE MATERIAL SUBMITTALS (NOT USED) 12 1.9 QUALITY ASSURANCE [NOT USED' 13 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED' 14 1.11 FIELD ]SITE) CONDITIONS (NOT USED] 15 1.12 WARRANTY (NOT USED! 16 PART 2 - PRODUCTS (NOT USED' 17 PART 3 - EXECUTION [NOT USED) 18 3.1 INSTALLERS (NOT USED] 19 3.2 EXAMINATION (NOT USED] 20 3.3 PREPARATION (NOT USED] 2I 3.4 INSTALLATION 22 A. Temporary Facilities 23 I. Maintain all temporary facilities for duration of construction activities as needed. 24 3.5 (REPAIR] / [RESTORATION' 25 3.6 RE -INSTALLATION 26 3.7 FIELD (old SITE QUALITY CONTROL (NOT USED) 27 3.8 SYSTEM STARTUP (NOT USED) 28 3.9 ADJUSTING (NOT USED) 29 3.10 CLEANING (NOT USED) 30 3.11 CLOSEOUT ACTIVITIES 31 A. Temporary Facilities cri v OF FORT WOR Il l STANDARD CONSTRUCTION SPECIFICATION DOCUMENT:S ReviscdJuly 1,2011 (Insert Projcc( Nana( (Insert Project Nurnberg 015000.4 TEMPORARY FACILITIES AND CONTROLS Page 4 of 4 I l . Remove all temporary facilities and restore area Mier completion of the Work, to a 2 condition equal to or better than prior to start of Work. 3 3412 PROTECTION !NOT USED) 4 3.13 MAINTENANCE NOT USED) 5 3.14 ATTACHMENTS INOT USED) 6 END OF SECTION 7 Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICA nor' DOCUMENTS Revised July I.2011 (Insert Project Name tlnscrl Project Number) 1 2 3 PART1- GENERAL SECTION 32 31 13 CHAIN LINK FENCES AND GATES 323113-I CI IAIN LINK FENCES AND GATES Page I of 6 4 1.1 SUMMARY 5 A. Section Includes 6 1. Galvanized coated chain link (non -security) fencing and accessories in accordance 7 with the City's Zoning Ordinance. 8 B. Deviations from City of Fort Worth Standards 9 1. None 10 C. Related Specification Sections include but are not necessarily limited to 11 1. Division 0 - Bidding Requirements, Contract Forms, and Conditions of the 12 Contract. 13 2. Division I - General Requirements. 14 1.2 PRICE AND PAYMENT PROCEDURES 15 A. Measurement and Payment 16 1. Measurement 17 a. Chain Link Fence: measure by the linear foot by height and specified fabric 18 material. 19 b. Wrought Iron Fence. measure by linear foot by height of wrought iron fence 20 specified in plans. 21 c. Steel Tube Fence: measure by linear foot by height of steel tube fence specified 22 in plans. 23 2. Payment: made at the contract unit price including full compensation for: 24 a. furnishing all matenals for fences and gates; 25 b. all preparation, erection and installation of materials; 26 c. all labor, equipment, tools, and incidentals necessary to complete the work. 27 B. Reference Standards 28 1. Reference standards cited in this specification refer to the current reference standard 29 published at the time of the latest revision date logged at the end of this 30 specification unless a date is specifically cited. 31 2. American Society for Testing and Materials (ASTM): 32 1. A 36, Standard Specification for Carbon Structural Steel 33 b. A 121, Standard Specification for Metallic -Coated Carbon Steel Barbed Wire 34 c. A 123, Standard Specification for Zinc (Hot -Dip Galvanized) Coatings on Iron 35 and Steel Products 36 d. A 392, Standard Specification for Zinc -Coated Steel Chain -Link Fence Fabric 37 e. A 500, Standard Specification for Cold -Formed Welded and Seamless Carbon 38 Steel Structural Tubing in Rounds and Shapes 39 f. F 626, Standard Specification for Fence Fittings 40 g. F 1043, Standard Specification for Strength and Protective Coatings on Steel 41 Industrial Chain Link Fence Framework CfrY OF FORT WOR'III [Insert Project Name) STANDARD CONSTRUCTION SI'ECIFICAI ION DOCUMENTS (Insert Project Number) Revised July I, 2011 32 31 13 •2 CHAIN LINK FENCES AND GATES Page 2 0176 h, F 1083, Standard Specification for Pipe, Steel, Hot -Dipped Zinc -Coated 2 (Galvanized) Welded, For Fence Structures 3 i. F 1183, Specification for Aluminum Alloy Chain Link Fence Fabric 4 1.3 REFERENCES {NOT USED{ 5 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED) 6 1.5 ACTION SUBMITTALS 7 A. Shop drawings: Layout of fences and gates with dimensions, details, and finishes of 8 components, accessories and post foundations if requested by the City. 9 B. Product data: Manufacturer s catalog cuts indicating material compliance and specified 10 options. 11 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED) 12 1.7 CLOSEOUT SUBMITTALS (NOT USED) 13 1.8 MAINTENANCE MATERIAL SUBMITTALS {NOT USED) I4 1.9 QUALITY ASSURANCE )NOT USED) 15 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 16 1.11 FIELD )SITE] CONDITIONS [NOT USED) 17 1.12 WARRANTY [NOT USED) 18 PART 2 - PRODUCTS 19 2.1 OWNER -FURNISHED (NOT USED] 20 2.2 MANUFACTURED UNITS / MATERIALS 21 A. Manufacturer 22 I. Minimum of five years experience manufacturing galvanized coated chain link 23 fencing. 24 2. Approved Manufacturer or equal: 25 a. Allied Fence, Inc. 26 b. American Fence Corp. 27 c. Anchor Fence, Inc. 28 d. Master Halco, Inc. 29 B. Materials 30 1. Chain Link Fence 31 a. General 32 I) Posts, gate frames, braces, rails, stretcher bars, truss rods and tension wire 33 shall be of steel. 34 2) Gate hinges, post caps, barbed wire supporting arms, stretcher bar bands 35 and other parts shall be of steel, malleable iron, ductile iron or equal 36 3) Post tops, rail end, ties and clips may be of aluminum. 37 4) Use only new material, or salvaged/existing material if approved by City or 38 noted on plans. 39 b. Steel Fabric 40 I) Fabric Criv OF FORT WORTH STANDARD CONSTRUCTION SPEC FICA now DOCUMENTS Revised July 1, 2011 (Insert Project Name! poser' Project Number( 323113.3 CI IA IN LINK FENCES AND GATES Page 3 of 6 a) No. 9 gauge 2 b) 2-inch mesh 3 (1) Commercial: both top and bottom selvages twisted and barged 4 Residential. match existing or both top and bottom selvages knuckled 5 (2) Furnish one-piece fabric widths. 6 2) Fabric Finish: Galvanized, ASTM A 392, Class 1, with not Tess than 1.2 oz. 7 zinc per square foot of surface. 8 c. Aluminum Fabric 9 1) Fabric 10 a) ASTM F 1183 11 b) No. 9 gauge 12 c) 2-inch mesh, with both top and bottom selvages twisted and barged. 13 d) Furnish one-piece fabric widths 14 d. Steel Framing 15 1) Steel pipe - Type 1: 16 a) ASTM F 1083 17 b) standard weight schedule 40 18 c) minimum yield strength: 30,000 psi 19 d) sizes as indicated 20 e) hot -dipped galvanized with minimum average 1.8 oz/ft2 of coated 21 surface area. 22 2) Steel pipe - Type 11: 23 a) ASTM F 1043 Group IC 24 b) Minimum yield strength: 50,000 psi 25 c) Sizes as indicated on plans 26 d) Protective coating per ASTM F 1043 27 (I) External coating Type B 28 (a) zinc with organic overcoat 29 (b) 0.9 oz/ft2 minimum zinc coating with chromate conversion 30 coating and verifiable polymer film. 31 (2) Internal coating Type B 32 (a) minimum 0.9 oz/ft2 zinc or Type D, zinc pigmented, 81% 33 nominal coating, minimum 3 mils 34 3) Formed steel ("C") sections: 35 a) Roll formed steel shapes complying with ASTM F 1043, Group 11 36 b) Minimum yield strength: 45,000 psi (310 MPa) 37 c) Sizes as indicated on plans 38 d) External coating per ASTM F 1043, Type A 39 (I) minimum average 2.0 oz/ft2 of zinc per ASTM A 123 = 40 4) Steel square sections 41 a) AS FM A 500 Grade B 42 b) Minimum yield strength: 40,000 psi 43 c) Sizes as indicated on plans 44 d) Mot -dipped galvanized with minimum 1.8 oz/ft2 ofeoated surface area. 45 e. Accessories 46 1) Chain link fence accessories 47 a) ASTM F 626 48 b) Provide items required to complete fence system. 49 c) Galvanize each ferrous metal item and finish to match Framing. 50 2) Post caps CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised Jiffy I, 201 I flnscn Project Namt1 (Insert Project Numbed 323113-4 Cl IAIN LINK PI?NCES AND GATES Page 4 or 6 a) Penned steel or cast malleable iron weather tight closure cap for 2 tubular posts. 3 b) Provide one cap for each post. 4 c) Cap to have provision for barbed wire when necessary 5 d) "C' shaped line post without top rail or barbed wire supporting arms do 6 not require post caps. 7 e) Where top rail is used, provide tops to permit passage of top rail. 8 3) Top rail and rail ends 9 a) 1 5/8 inch diameter galvanized round pipe for horizontal railing. 10 b) Pressed steel per ASTM F626 11 c) for connection of rail and brace to terminal posts. 12 4) Top rail sleeves 13 a) 7-inch expansion sleeve with a minimum 0.137 inch wire diameter and 14 1.80 inch length spring, allowing for expansion and contraction of top 15 rail 16 5) Wire ties 17 a) 9 gauge galvanized steel wire for attachment of fabric to line posts. 18 b) Double wrap 13 gauge for rails and braces. 19 c) Hog ring ties of 12-1/2 gauge for attachment 20 6) Brace and tension (stretcher bar) bands 2 I a) Pressed steel 22 b) Minimum 300 degree profile curvature for secure fence post 23 attachment 24 c) At square post provide tension bar clips. 25 7) Tension (stretcher) bars: 26 a) One piece lengths equal to 2 inches less than full height of fabric 27 b) Minimum cross-section of3/I6 inch x 3/4 inch. 28 c) Provide tension (stretcher) bars where chain link fabric meets terminal 29 posts. 30 8) Tension wire 31 a) Galvanized coated steel wire, 6 gauge, [0.192 inch] diameter wire 32 b) tensile strength: 75,000 psi 33 9) Truss rods & tightener 34 -i) Steel rods with minimum diameter of 5/16 inch 35 b) Capable of withstanding a tension of minimum 2,000 lbs. 36 10) Nuts and bolts are galvanized 37 2. Wrought Iron Fence: specified per plan. 38 3. Steel Tube Fence: specified per plan. 39 4. Setting Materials (10 a. Concrete: 41 1) Minimum 28 day compressive strength of 3,000 psi 42 2) Bagged Concrete allowed. 43 b. Drive Anchors 44 1) Galvanized angles 45 2) ASTM A 36 steel 46 3) I inch x 1 inch x 30 inch galvanized shoe clamps to secure angles to posts. err'' OF FORT WOR'I'i'i llnsert Proucct Namel STnNDARD CONSTRUCTION SPECIPICA'1'ION DOCUMEN rs (Insert Project Number) Revised July 1.2011 32 31 13 - 5 CI bVN LINK FENCES AND GATES Page 5 of 6 1 2.3 ACCESSORIES (NOT USED) 2 2.4 SOURCE QUALITY CONTROL (NOT USED) 3 PART 3 - EXECUTION 4 3.1 INSTALLERS (NOT USED) 5 3.2 EXAMINATION 6 A. Verification of Conditions 7 I. Verify areas to receive fencing are completed to final grades and elevations. 8 2. Ensure property lines and legal boundaries of work are clearly established 9 3.3 PREPARATION )NOT USED) 10 3.4 INSTALLATION I A. Chain Link Fence Framing 12 1. Locate terminal post at each fence termination and change in horizontal or vertical 13 direction of 30 degrees or more. 14 2. Space line posts uniformly at 10 feet on center. 15 3. Set all posts in concrete 16 a. Drill holes in firm, undisturbed or compacted soil. 17 b. Drill hole diameter 4 times greater than outside dimension of post. 18 c. Set post bottom 24 inches below surface when in firm, undisturbed soil. 19 d. Excavate deeper as required for adequate support in soil and loose soils, and for 20 posts with heavy lateral loads. 21 e. Place concrete around posts in a continuous pour. Trowel finish around post. 22 Slope to direct water away from posts. 23 4, Check each post for vertical and top alignment, and maintain in position during 24 placement and finishing operations 25 5. Bracing 26 a. Install horizontal pipe brace at mid -height for fences 6 feet and taller, on each 27 side of terminal posts. 28 b. Firmly attach with fittings 29 c. Install diagonal truss rods at these points. 30 d. Adjust truss rod, ensuring posts remain plumb. 31 6. Tension wire 32 a. Provide tension wire at bottom of fabric and at top, if top rail is not specified. 33 b. Install tension wire before stretchinb fabric and attach to each post with ties. 34 c. Secure tension wire to fabric with 12-1/2 gauge hog rings 24 inches on center. 35 7. Top rail 36 a. Install lengths, 21 feet. 37 b. Connect joints with sleeves for rigid connections for expansion/contraction. 38 8. Center Rails for fabric height 12 feet and taller. 39 a. Install mid rails between posts with fittings and accessories. 40 9. Bottom Rails: Install bottom rails between posts with fittings and accessories. 41 B. Chain Link Fabric Installation 42 1. Fabric art OF FORT WORTl 1 S rANDARD CONSTRUCTION SPECIFICA FION DOCUMENTS Revised July 1, 2011 f Insert 1 rojcct Name) )Insert Project Number) 32 31 13 - 6 CIIAIN LINK TENC1:S AND GATES I'nge 6 or6 1 a. Install fabric on security side and attach so that fabric remains in tension after 2 pulling force is released 3 b. Leave approximately 2 tnches between finish grade and bottom selvage. 4 c. Attach fabric with wire ties to line posts at 15 inches on center and to rails, 5 braces, and tension wire at 24 inches on center. 6 7 8 9 2. Tension (stretcher) bars a. Pull fabric taut. b. fhread tension bar through fabric and attach to terminal posts with bands or clips spaced maximum of 15 inches on center. 10 3. Accessories 11 a. Tie wires: Bend ends of wire to minimize hazard to persons and clothing. 12 b. Fasteners: Install nuts on side of fence opposite fabric side for added security. 13 c. Slats: install slats in accordance with manufacturer's instructions 14 C. Wrought Iron Installation: install per plan. 15 D Steel Tube Fence: install per plan. 16 3.5 (REPAIR]/(RESTORATION] [NOT USED) 17 3.6 RE -INSTALLATION (NOT USED] 18 3.7 FIELD QUALITY CONTROL [NOT USED) 19 3.8 SYSTEM STARTUP [NOT USED) 20 3.9 ADJUSTING [NOT USED) 2 i 3.10 CLEANING )NOT USED) 22 3.11 CLOSEOUT ACTIVITIES [NOT USED) 23 3.12 PROTECTION [NOT USED] 24 3.13 MAINTENANCE [NOT USED) 25 3.14 ATTACHMENTS (NOT USED) 26 END OF SECTION 27 28 Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTI i STANDARD CONSTRUCT ION SPECIFICATION DOCUMENTS Revised July 1,2011 (Insert Project Namej Ilnscrt Project Numbed City of Fort Worth v. Mark Edwin Sanders NEGOTIATED SETTLEMENT AGREEMENT EXHIBIT H 013513.1 SPECIAL PROJECT PROCEDURES Page 1 of8 1 SECTION 01 35 13 2 SPECIAL PROJECT PROCEDURES 3 /Texi hi Blue is fi r inlisrnrutnm or i uidunce. Remove till blue teat in the filarlproject document.] 4 PART1- GENERAL 5 1.1 SUMMARY 6 A. Section includes: 7 I. The procedures for special project circumstances that includes, but is not limited to: 8 a. Coordination with the Texas Department of Transportation 9 b. Work near High Voltage Lines 10 c. Confined Space Entry Program 11 d. Air Pollution Watch Days 12 e. Use of Explosives, Drop Weight, Etc. 13 f. Water Department Notification 14 g. Public Notification Prior to Beginning Construction 15 h. Coordination with United States Army Corps of Engineers 16 i. Coordination within Railroad permits areas 17 j. Dust Control 18 k. Employee Parking 19 1. :Coordination with North Central Texas Council of Governments Clean 20 Construction Specification [remove if not requirLdI} 21 B. Deviations from this City of Fort Worth Standard Specification 22 1. None. 23 C. Related Specification Sections include, but are not necessarily limited to: 24 I. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 25 2. Division I — General Requirements 26 3. Section 33 12 25 —Connection to Existing Water Mains 27 1.2 PRICE AND PAYMENT PROCEDURES 28 A. Measurement and Payment 29 I. Coordination within Railroad permit areas 30 a. Measurement 31 1) Measurement for this Item will be by lump sum. 32 b. Payment 33 1) The work performed and materials furnished in accordance with this item 34 will be paid for at the lump sum price bid for Railroad Coordination. 35 c. The price bid shall include: 36 I) Mobilization 37 2) Inspection 38 3) Safety training 39 4) Additional insurance 40 5) Insurance Certificates CITY OF I:ORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised (Insert Revision Dtiel (insert Project Narne( IInscn Project Number) 013513.2 SPECIAL PROJECI PROCEDURES Page 2 of 8 t 6) Other requirements associated with general coordination with Railroad 2 including additional employees required to protect the right-of-way and 3 property of the Railroad from damage arising out of and/or from the 4 construction of the Project. 5 2. Railroad Flagmen 6 a. Measurement 7 I) Measurement for this Item will be per working day. 8 b. Payment 9 I) The work performed and materials furnished in accordance with this Item 10 will be paid for each working day that Railroad Flagmen are present at the I 1 Site 12 c. The price bid shall include' 13 I) Coordination for scheduling flagmen 14 2) Flagmen 15 3) Other requirements associated with Railroad 16 3. All other items 17 a. Work associated with these Items is considered subsidiary to the various Items 18 bid. No separate payment will be allowed for this Item. 19 1.3 REFERENCES 20 A. Reference Standards 21 I. Reference standards cited in this Specification refer to the current reference 22 standard published at the time of the latest revision date logged at the end of this 23 Specification, unless a date is specifically cited 24 2. North Central Texas Council of Governments (NCI -COG) —Clean Construction 25 Specification 26 1.4 ADMINISTRATIVE REQUIREMENTS 27 A. Coordination with the Texas Department of Transportation 28 I . When work in the right-of-way which is under the jurisdiction of the Texas 29 Department of Transportation (TxDOT): 30 a. Notify the Texas Department of Transportation prior to commencing any work 31 therein in accordance with the provisions of the permit 32 b. All work performed in the TxDOT right-of-way shall be performed in 33 compliance with and subject to approval frorn the Texas Department of 34 Transportation 35 13. Work near High Voltage Lines 36 I. Warning sign 37 a. Provide sign of sufficient size meeting all OSHA requirements. 38 2. Equipment operating within 10 feet of high voltage lines will require the following 39 safety features 40 a. Insulating cage -type of guard about the boom or arm 41 b. Insulator (inks on the lift hook connections for back hoes or dippers 42 C. Equipment must meet the safety requirements as set forth by OSHA and the 43 safety requirements of the owner of the high voltage lines 44 3. Work within 6 feet of high voltage electric lines 45 a. Notification shall be given to: CI 1 Y OF FO1t I WORT11 S 1 AND,\RD CONS rRUCFION SPECIFICATION DOCUMENTS Revised (Insen Revision Bite) (Insert Project Name( (Insert Project Number( 013513.3 SP/CIAL PROJECT PROCEDURES Page 3ors 1 1) The power company (example: ONCOR) 2 a) Maintain an accurate log of all such calls to power company and record 3 iction taken in each case. 4 b. Coordination with power company 5 1) After notification coordinate with the power company to: 6 a) Erect temporary mechanical barriers, de -energize the lines, or raise or 7 lower the lines 8 c. No personnel may work within 6 feet of a high voltage line before the above 9 requirements have been met 10 C. Confined Space Entry Program 11 I. Provide and follow approved Confined Space Entry Program in accordance with I2 OSHA requirements. 13 14 I5 16 Confined Spaces include: a. Manholes b. All other confined spaces in accordance with OSHA's Permit Required for Confined Spaces 17 D. Air Pollution Watch Days 18 I. General 19 a. Observe the following guidelines relating to working on City construction sites 20 on days designated as ' AIR POLLUTION WATCH DAYS". 21 b. Typical Ozone Season 22 I) May 1 through October 31. 23 c. Critical Emission Time 24 1) 6:00 a.m. to 10:00 a.m. 25 2. Watch Days 26 a. The Texas Commission on Environmental Quality (TCEQ), in coordination 27 with the National Weather Service, will issue the Air Pollution Watch by 3:00 28 p.m. on the afternoon prior to the WATCH day. 29 b. Requirements 30 I) Begin work after 10:00 a.m. whenever construction phasing requires the 3 t use of motorized equipment for periods in excess of I hour. 32 2) However, the Contractor may begin work prior to 10-00 a.m. if: 33 a) Use of motorized equipment is Tess than I hour, or 34 b) If equipment is new and certified by EPA as "Low Emitting", or 35 equipment bums Ultra Low Sulfur Diesel (ULSD), diesel emulsions, or 36 alternative fuels such as CNG. 37 E. Use of Explosives, Drop Weight, Etc. 38 1. When Contract Documents permit on the project the following will apply: 39 a. Public Notification 40 1) Submit notice to City and proof of adequate insurance coverage, 24 hours 41 prior to commencing. 42 2) Minimum 24 hour public notification in accordance with Section 01 31 13 43 F. Water Department Coordination 44 1. During the constriction of this project, it will be necessary to deactivate, for a 45 period of time, existing lines. The Contractor shall be required to coordinate with tb the Water Department to determine the best times for deactivating and activating 47 those lines CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised (Insert Revision Diiel I lnscn Project Name) (insert Pwjcci Number) 013513-4 SPECIAL PROJECT I'ROCGDURES Page 4of8 1 2. Coordinate any event that will require connecting to or the operation of an existing 2 City water line system with the City's representative. 3 a. Coordination shall be in accordance with Section 33 12 25. 4 b. If needed, obtain a hydrant water meter from the Water Department for use 5 during the life of named project. 6 c. In the event that a water valve on an existing live system be turned off and on 7 to accommodate the construction of the project is required, coordinate this 8 activity through the appropriate City representative. 9 t) Do not operate water line valves of existing water system. 10 a) Failure to comply will render the Contractor in violation of Texas Penal 11 Code Title 7, Chapter 28.03 (Criminal Mischief) and the Contractor 12 will be prosecuted to the full extent of the law. 13 b) In addition, the Contractor will assume all liabilities and 14 responsibilities as a result of these actions. 15 G. Public Notification Prior to Beginning Construction 16 1. Prior to beginning construction on any block in the project, on a block by block 17 basis, prepare and deliver a notice or flyer of the pending construction to the front 18 door of each residence or business that will be impacted by construction. The notice 19 shall be prepared as follows: 20 a Post notice or flyer 7 days prior to beginning any construction activity on each 21 block in the project area. 22 I) Prepare flyer on the Contractor's letterhead and include the following 23 information: 24 a) Name of Project 25 b) City Project No (CPN) 26 c) Scope of Project (i.e. type of construction activity) 27 d) Actual construction duration within the block 28 e) Name of the contractor's foreman and phone number 29 f) Name of the City's inspector and phone number 30 g) City's after-hours phone number 31 2) A sample of the 'pre -construction notification' flyer is attached as Exhibit 32 A. 33 3) Submit schedule showing the construction start and finish time for each 34 block of the project to the inspector. 35 4) Deliver flyer to the City Inspector for review prior to distribution. 36 h. No construction will be allowed to begin on any block until the flyer is 37 delivered to all residents of the block. 38 It Public Notification of Temporary Water Service lntemiption during Construction 39 1. In the event it becomes necessary to temporarily shut down water service to 40 residents or businesses during construction prepare and deliver a notice or flyer of 41 the pending interruption to the front door of each affected resident. 42 43 44 45 46 47 48 2, Prepared notice as follows: a. The notification or flyer shall be posted 24 hours prior to the temporary interruption. b. Prepare flyer on the contractor's letterhead and include the following information: 1) Name of the project 2) City Project Number Ct ry of FOR 1' WOR rli S rANpARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised (Insert Revision pile( (Insert Project Name( (insert Project Number( 01 35 13 •5 SPECIAL PROJECT PROCEDURES Pnge 5 or8 3) Date of the interruption of service 2 4) Period the interruption will take place 3 5) Name of the contractor's foreman and phone number 4 6) Name of the City's inspector and phone number 5 c. A sample of the temporary water service interruption notification is attached as 6 Exhibit B. 7 d. Deliver a copy of the temporary interruption notification to the City inspector 8 for review prior to being distributed. 9 e. No interruption of water service can occur until the flyer has been delivered to 10 all affected residents and businesses. l ► f. Electronic versions of the sample flyers can be obtained from the Project 12 Construction Inspector. 13 1. Coordination with United States Army Corps of Engineers (USACE) 14 1. At locations in the Project where construction activities occur in areas where 15 USACE permits are required, meet all requirements set forth in each designated 16 permit. 17 J. Coordination within Railroad Permit Areas 18 1. At locations in the project where construction activities occur in areas where 19 railroad permits are required meet all requirements set forth in each designated 20 railroad permit. This includes, but is not limtted to, provisions for: 2I a. Flagmen 22 b. Inspectors 23 c. Safety training 24 d. Additional insurance 25 e. Insurance certificates 26 f. Other employees required to protect the right-of-way and property of the 27 Railroad Company from damage arising out of and/or from the construction of 28 the project. Proper utility clearance procedures shall be used in accordance 29 with the permit guidelines. 30 2. Obtain any supplemental information needed to comply with the railroad's 31 requirements. 32 3. Railroad Flagmen 33 a. Submit receipts to City for verification of working days that railroad flaginen 34 were personnel were present on Site. 35 K. Dust Control 36 1. Use acceptable measures to control dust at the Site. 37 1. If water is used to control dust capture and properly dispose of waste water. 38 b. If wet saw cutting is performed, c•ipture and properly dispose of slurry. 39 L. Employee Parking 40 1. Provide parking for employees at locations approved by the City. 41 NI. {Coordination with North Central Texas Council of Governments (NCFCOG) Clean 42 Construction Specification [if required for the project — verify with City] 43 I. Comply with equipment, operational. reporting and entbrcement requirements set 44 tbrth in NCfCOG's Clean Construction Specification.} CITY OF roR r WORll I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 'Insert Revision D:tel Pilsen Project Natne( f h serf Project Namhcrl 013513-6 SPECIAL PROJECT I'ROCEDURES Pagc6of8 I 1.5 SUBMITTALS ]NOT USED[ 2 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED! 3 1,7 CLOSEOUT SUBMITTALS [NOT USED] 4 1.8 MAINTENANCE MATERIAL SUBMITTALS INOT USED] 5 1.9 QUALITY ASSURANCE [NOT USED! 6 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 7 1.11 FIELD !SITE) CONDITIONS !NOT USED} 8 1.12 WARRANTY (NOT USED] 9 PART 2 - PRODUCTS (NOT USED] 10 PART 3 - EXECUTION [NOT USED] I 1 END OF SECTION 12 DATE July 2011 NAME Revision Log CITY OF FORT WOR'FI1 S'I'ANOAIRD CONSTRUCTION SPECIFICATION DOCUMENTS Revised Clasen Revision Dar) SUMMARY OF CHANGE (Insert Project Name ( (Insert Project Numbed 1 2 3 4 5 6 Date: 7 8 CPN No.: 9 Project Name: I o Mapsco Location: I 1 Limits of Construction: 12 13 14 15 16 17 I8 19 20 21 22 23 24 25 26 27 78 29 30 31 32 33 34 35 36 • �- i Ass — 01 35 13 - 7 SPECIAL PROJECT PROCEDURES I'agc 7 of 8 EXHIBIT A (To be printed on Contractor's Letterhead) THIS IS TO INFORM YOU THAT UNDER A CONTRACT WITH THE CITY OF FORT WORTH, OUR COMPANY WILL WORK ON UTILITY LINES ON OR AROUND YOUR PROPERTY. CONSTRUCTION WILL BEGIN APPROXIMATELY SEVEN DAYS FROM THE DATE OF THIS NOTICE. IF YOU HAVE QUESTIONS ABOUT ACCESS, SECURITY, SAFETY OR ANY OTHER ISSUE PLEASE CALL: Mr. <CONTRACTOR'S SUPERINTENDENT> AT <TELEPHONE NO.> OR Mr. <CITY INSPECTOR> AT < TELEPHONE NO.> AFTER 4:30 PM OR ON WEEKENDS, PLEASE CALL (817) 392 8306 PLEASE KEEP THIS FLYER HANDY WHEN YOU CALL CITY OF FORT WORT; STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised Ilnscn Revision Drat (insert Project Name) 11nscrt Project Number; tome EXHIBIT B FORT WORTH DOE NO. 11ARX ProjectMew 01 35 13 •8 SPECIAL PROJECT- PROCEDURES I'agc 8 of 8 NOTICE OF TEMPORARY WATER SERVICE INTERRUPTION DUE TO UTILITY IMPROVEMENTS IN YOUR NEIGHBORHOOD, YOUR WATER SERVICE WILL BE INTERRUPTED ON BETWEEN THE HOURS OF AND IF YOU HAVE QUESTIONS ABOUT THIS SHUT -OUT, PLEASE CALL: MR. AT (CONTRACTORS SUPERINTENDENT) (TELEPHONE NUMBER) OR MR. AT (CITY INSPECTOR) (TELEPHONE NUMBER) THIS INCONVENIENCE WILL BE AS SHORT AS POSSIBLE. THANK YOU. .CONTRACTOR CITY OE FORT WOR'111 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised (Insert Revision Dace) [Insert Project Name ) (Insert Project Number) 015000-1 TEMPORARY FACILITIES AND CONTROLS Page 1 oft 1 SECTION 01 50 00 2 TEMPORARY FACILITIES AND CONTROLS 3 PARTI- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 I. Provide temporary facilities and controls needed for the Work including, but not 7 necessarily limited to: 8 a. Temporary utilities 9 b. Sanitary facilities I c. Storage Sheds and Buildings 11 d. Dust control 12 e. Temporary fencing of the construction site 13 B. Deviations from this City of Fort Worth Standard Specification 14 1 None. 15 C. Related Specification Sections include, but are not necessarily limited to: 16 I , Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 17 2. Division I — General Requirements 18 1.2 PRICE AND PAYMENT PROCEDURES 19 A. Measurement and Payment 20 1. Work associated with this Item is considered subsidiary to the various Items bid. 21 No separate payment will be allowed for this Item. 22 1.3 REFERENCES [NOT USED! 23 1.4 ADMINISTRATIVE REQUIREMENTS 24 A. Temporary Utilities 25 1. Obtaining Temporary Service 26 a. Make arrangements with utility service companies for temporary services. 27 b. Abide by rules and regulations of utility service companies or authorities 28 having jurisdiction. 29 c. Be responsible for utility service costs until Work is approved for Final 30 Acceptance. 31 1) Included are fuel, power, Tight, heat and other utility services necessary for 32 execution, completion, testing and initial operation of Work. 33 2, Water 34 a. Contractor to provide water required for and in connection with Work to be 35 performed and for specified tests of piping, equipment, devices or other use as 36 required for the completion of the Work. 37 b. Provide and maintain 'adequate supply of potable water for domestic 38 consumption by Contractor personnel and City's Project Representatives. 39 c. Coordination 40 1) Contact City 1 week before water for construction is desired CITY OF FORT WORTII STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July I, 2011 (Insert Project Namcl !Insert Project Number) 015000.2 TEMPORAR Y FACILITIES AND CONTROLS Page 2 of4 1 d. Contractor Payment for Construction Water 2 1) Obtain construction water meter from City for payment as billed by City's 3 established rates. 4 3. Electricity and Lighting 5 a. Provide and pay for electric powered service as required for Work, including 6 testing of Work. 7 1) Provide power for lighting, operation of equipment, or other use. 8 b. Electric power service includes temporary power service or generator to 9 maintain operations during scheduled shutdown. 10 4. Telephone 11 a. Provide emergency telephone service at Site for use by Contractor personnel 12 and others performing work or furnishing services at Site. 13 5. Temporary Heat and Ventilation 14 a. Provide temporary heat as necessary for protection or completion of Work. 15 b. Provide temporary heat and ventilation to assure safe working conditions 16 B. Sanitary Facilities 17 1. Provide and maintain sanitary facilities for persons on Site. 18 a. Comply with regulations of State and local departments of health. 19 2. Enforce use of sanitary facilities by construction personnel at Job site. 20 a. Enclose and anchor sanitary facilities. 21 b. No discharge will be allowed from these facilities. 22 c. Collect and store sewage and waste so as not to cause nuisance or health 23 problem. 24 d. Itaul sewage and waste off -site at no less than weekly intervals and properly 25 dispose in accordance with applicable regulation. 26 3. Locate facilities near Work Site and keep clean and maintained throughout Project. 27 4 Remove facilities at completion of Project 28 C. Storage Sheds and Buildings 29 I . Provide adequately ventilated, watertight, weatherproof storage facilities with floor 30 ibove ground level for materials and equipment susceptible to weather damage 3 I 2. Storage of materials not susceptible to weather damage may be on blocks off 32 ground. 33 3. Store materials in a neat and orderly manner. 34 a. Place materials and equipment to permit easy access for identification, 35 inspection and inventory. 36 4. Equip building with lockable doors and lighting, and provide electrical service for 37 equipment space heaters and heating or ventilation as necessary to provide storage 38 environments acceptable to specified manufacturers 39 5. Fill and grade site for temporary structures to provide drainage away from 40 temporary and existing buildings. 41 6. Remove building from site prior to Final Acceptance. 42 D. Temporary Fencing 43 I. Provide and maintain for the duration or construction when required in contract 44 documents 45 E. Dust Control crre or FORT WORT!! STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July I, 2011 (Insert Project Hamel (Insert Project Number] 01 5000-3 TEMPORARY FACILITIES AND CONTROLS Page 3 of 4 1 I. Contractor is responsible for maintaining dust control through the duration of the 2 project. 3 a. Contractor remains on -call at all times 4 b. Must respond in a timely manner 5 F. Temporary Protection of Construction 6 1. Contractor or subcontractors are responsible for protecting Work from damage due 7 to weather. 8 1.5 SUBMITTALS (NOT USED) 9 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED[ 10 1.7 CLOSEOUT SUBMITTALS [NOT USED] I 1 1.8 MAINTENANCE MATERIAL SUBMITTALS (NOT USED) 12 1.9 QUALITY ASSURANCE (NOT USED) 13 1.10 DELIVERY, STORAGE, AND HANDLING (NOT USED) 14 1.11 FIELD (SITE) CONDITIONS [NOT USED) 15 1.12 WARRANTY (NOT USED) 16 PART 2 - PRODUCTS [NOT USED] 17 PART 3 - EXECUTION [NOT USED[ • 18 3.1 INSTALLERS (NOT USED) 19 3.2 EXAMINATION (NOT USED] 20 3.3 PREPARATION (NOT USED) 21 3.4 INSTALLATION 22 A. Temporary Facilities 23 1. Maintain all temporary facilities for duration of construction activities as needed. 24 3.5 (REPAIR) / [RESTORATION] 25 3.6 RE -INSTALLATION 26 3.7 FIELD (of] SITE QUALITY CONTROL (NOT USED) 27 3.8 SYSTEM STARTUP (NOT USED) 28 3.9 ADJUSTING (NOT USED) 29 3.10 CLEANING (NOT USED) 30 3.11 CLOSEOUT ACTIVITIES 3I A. Temporary Facilities CITY OF FORT WO10f11 flown Project Name) STANDARD CONSTRUCTION SPECIFICA fION DOCUMENTS (Insert Project Numbed RevisedJuly 1,2011 01 50 00 •4 TEMPORARY FACILI'rlES AND CON mots Page 4 of 4 I (. Remove all temporary facilities and restore area after completion of the Work, to a 2 condition equal to or better than prior to start of Work. 3 3.12 PROTECTION (NOT USED( 4 3.13 MAINTENANCE (NOT USED] 5 3.14 ATTACHMENTS (NOT USED! 6 END OF SECTION 7 DATE Revision Log NAME SUMMARY OF CHANGE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 (Insert Project Name) (Insert Project Number] City of Fort Worth V. Mark Edwin Sanders NEGOTIATED SETTLEMENT AGREEMENT EXHIBIT I 1 2 3 PART I.- GENERAL 4 1.1 SUMMARY 312500-1 EROSION AND SEDIMENT CONTROL. Page 1 of9 SECTION 31 25 00 EROSION AND SEDIMENT CONTROL 5 A. Section Includes: 6 1. Implementation of the project's Storm Water Pollution Prevention Plan (SWPPP) 7 and installation, maintenance and removal of erosion and sediment control devices 8 B. Deviations from this City of Fort Worth Standard Specification 9 I. None. 10 C. Related Specification Sections include, but are not necessarily limited to: I 1 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 12 2. Division 1 — General Requirements t3 1.2 PRICE AND PAYMENT PROCEDURES 14 A. Measurement and Payment 15 1. Storm Water Pollution Prevention Plan <I acre I6 a. Measurement 17 I) This Item is considered subsidiary to the various Items bid. 18 b. Payment 19 1) The work performed and the materials furnished in accordance with this 20 Item are subsidiary to the structure or Items being bid and no other 21 compensation will be allowed. 22 2. Storm Water Pollution Prevention Plan > 1 acre 23 a. Measurement for this item shall be by lump sum. 24 b. Payment 25 1) The work performed and the materials furnished in accordance with this 26 Item shall be paid for at the lump sum price bid for "SWPPP > I acre". 27 c. The price bid shall include: 28 I) Preparation of SWPPP 29 2) Implementation 30 3) Permitting fees 31 4) Installation 32 5) Maintenance 33 6) Removal 34 1.3 REFERENCES 35 A. Reference Standards 36 I. Reference standards cited in this Specification refer to the current reference 37 standard published at the time of the latest revision date logged at the end of this 38 Specification, unless a date is specifically cited. 39 2. ASTM Standard: CITY OF FORT WORTII STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 (Insert Project Name! !Insert Project Number! 312500-2 EROSION AND SEDIMENT CONTROL Page 2 of 9 a. ASTM D3786, Standard Test Method for Bursting Strength of Textile 2 Fabrics —Diaphragm Bursting Strength Tester Method 3 b. ASTM D4632, Standard Test Method for Grab Breaking Load and Elongation 4 of Geotextiles 5 c. ASTM D4751, Standard Test Method for Determining Apparent Opening Size 6 of a Geotextile 7 d. ASTM D4833, Standard Test Method for Index Puncture Resistance of' 8 Geomembranes and Related Products 9 3. Texas Commission on Environmental Quality (TCEQ) TPDES General Permit No. I 0 TXR t 50000 I 1 4. TxDOT Departmental Material Specifications (DMS) I a. DMS-6230 "Temporary Sediment Control Fence Fabric" I3 1.4 ADMINISTRATIVE REQUIREMENTS (NOT USED) 14 1.5 SUBMITTALS I5 A. Stone Water Pollution Prevention Plan (SWPPP) I6 B. TCEQ Notice of Intent (NOI) for Storm Water Discharges Associated with 17 Construction Activity under the TPDES General Permit 18 C. Constntction Site Notice I9 D. TCEQ Notice of Termination (NOT) for Storm Water Discharges Associated with 20 Construction Activity under the TPDES General Permit 21 E. Notice of Change (if applicable) 22 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS (NOT USED) 23 1.7 CLOSEOUT SUBMITTALS (NOT USED( 24 1.8 MAINTENANCE MATERIAL SUBMITTALS (NOT USED) 25 1.9 QUALITY ASSURANCE (NOT USED) 26 1.10 DELIVERY, STORAGE AND HANDLING (NOT USED) 27 1.11 FIELD (SITE) CONDITIONS (NOT USED) 28 1.12 WARRANTY [NOT USED) 29 PART 2 - PRODUCTS 30 2.1 OWNER -FURNISHED (OR) OWNER -SUPPLIED PRODUCTS [NOT USED) 3 I 2.2 PRODUCT TYPES AND MATERIALS 32 A. Rock Filter Dams 33 I. Aggregate 34 a. Furnish aggregate with hardness, durability, cleanliness and resistance to 35 crumbling, flaking and eroding acceptable to the Engineer. 36 b. Provide the following; 37 I) Types 12 and 4 Rock Filter Darns CITY OF FORT WORT} 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1,2011 IInsert Project NameI (Insert Project Number) 31 25 00-3 EROSION AND SEDIMENT CONTROL Pagc 3 of9 1 a) Use 3 to 6 inch aggregate. 2 2) Type 3 Rock Filter Dams 3 a) Use 4 to 8 inch aggregate. 4 2. Wire 5 a. Provide minimum 20 gauge galvanized wire for the steel wire mesh and tie 6 wires for Types 2 and 3 rock filter dams 7 b. Type 4 dams require: 8 I) Double -twisted, hexagonal weave with a nominal mesh opening of 21/2 9 inches x 3 '/, inches 10 2) Minimum 0.0866 inch steel wire for netting 1 1 3) Minimum 0.1063 inch steel wire for selvages and corners 12 4) Minimum 0.0866 inch for binding or tie wire 13 B. Geotextile Fabric 14 1. Place the aggregate over geotextile fabric meeting the following criteria: 15 a. Tensile Strength of 250 pounds per ASTM D4632 16 b. Puncture Strength of 135 pounds, per ASTM D4833 17 c. Mullen Burst Rate of 420 psi, per ASTM D3786 18 d. Apparent Opening Size of No. 20 (max) per ASTM D4751 19 C. Sandbag Material 20 1. Furnish sandbags meeting Section 2.5 except that any gradation of aggregate may 2I be used to fill the sandbags. 22 D. Stabilized Construction Entrances 23 1. Provide materials that meet the details shown on the Drawings and this Section. 24 a. Provide crashed aggregate for long and short-term construction exits. 25 b. Furnish aggregates that are clean, hard, durable and free from adherent coatings 26 such as salt, alkali, dirt, clay, loam, shale, soft or flaky materials and organic 27 and injurious matter 28 c. Use 3 to 5 inch coarse aggregate with a minimum thickness of 12 inches. 29 d. The aggregate shall be placed over a geotextile fabric meeting the following 30 criteria: 31 1) Tensile Strength of 300 pounds per ASTM D4632 32 2) Puncture Strength of 120 pounds, per ASTM D4833 33 3) Mullen Burst Rate of 600 psi, per ASTM D3786 34 4) Apparent Opening Size of No. 40 (max) per ASTM D475 35 E. Embankment for Erosion Control 36 1. Provide rock, loam, clay, topsoil or other earth materials that will form a stable 37 embankment to meet the intended use. 38 F. Sandbags 39 1. Provide sandbag material of polypropylene, polyethylene or polyamide woven 40 fabric with a minimum unit weight of 4 ounces per square yard a Mullen burst- 41 strength exceeding 300 psi, and an ultraviolet stability exceeding 70 percent. 42 2. Use natural coarse sand or manufactured sand meeting the gradation given in Table 43 1 to fill sandbags. 44 3. Filled sandbags must be 24 to 30 inches long, 16 to 18 inches wide, and 6 to 8 45 inches thick. 46 Table I CITY OF PORT WORTH STANDARD CONSTRUCrHON SPECIFICATION DOCUMEN rs Rcviscd July I.201 1 [Insert Projcct Nnmc1 (Insert Project Number) 1 1 Sieve # 1 4 1 100 1 200 312500-4 EROSION AND SEDIMENT CONTROL Page 40C9 Sand Gradation Maximum Retained (% by Weight) 1 3 percent I 80 percent 1 95 percent 1 2 G. Temporary Sediment Control Fence 3 1. Provide a net -reinforced fence using woven geo-textile fabric. 4 2. Logos visible to the traveling public will not be allowed. 5 a. Fabric 6 I) Provide fabric materials in accordance with DMS-6230, "Temporary 7 Sediment Control Fence Fabric." 8 b. Posts 9 1) Provide essentially straight wood or steel posts with a minimum length of 10 48 inches, unless otherwise shown on the Drawings. I 1 2) Soft wood posts must be at least 3 inches in diameter or nominal 2 x 4 inch 12 3) Hardwood posts must have a minimum cross-section of 1-1/2 x 1-1/2 inch 13 4) T- or L-shaped steel posts must have a minimum weight of 1.3 pounds per 14 foot. I5 c. Net Reinforcement 16 1) Provide net reinforcement of at least 12-1/2 gauge galvanized welded wire 17 mesh, with a maximum opening size of2 x 4 inch, at least 24 inches wide, 18 unless otherwise shown on the Drawings. 19 d. Staples 20 I) Provide staples with a crown at least 3/4 inch wide and legs 1/2 inch long. 21 2.3 ACCESSORIES 'NOT USED) 22 2.4 SOURCE QUALITY CONTROL [NOT USED' 23 PART 3 - EXECUTION 24 3.1 INSTALLERS 'NOT USED) 25 3.2 EXAMINATION 'NOT USED' 26 3.3 PREPARATION [NOT USED' 27 3.4 INSTALLATION 28 A. Storm Water Pollution Prevention Plan 29 1. Develop and implement the project's Storm Water Pollution Prevention Plan 30 (SWPPP) in accordance with the TPDES Construction General Permit TXR 150000 31 requirements. Prevent water pollution from storm water runoff by using and 32 maintaining appropriate structural and nonstructural t3MPs to reduce pollutants 33 discharges to the MS4 from the construction site. 34 B. Control Measures 35 1. Implement control measures in the area to be disturbed before beginning 36 construction, or as directed. Limit the disturbance to the area shown on the 37 Drawings or as directed. C rrY OP PORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Rcvkcd July I, 2011 [Insert Project Name; 'Insert Project Numbed 312500-5 EROSION AND SEDIMENT CONTROL Page 5of9 2. Control site waste such as discarded building materials, concrete truck washout 2 water, chemicals, litter and sanitary waste at the construction site. 3 3. If, in the opinion of the Engineer, the Contractor cannot control soil erosion and 4 sedimentation resulting from construction operations, the Engineer will limit the 5 disturbed area to that which the Contractor is able to control. Minimize disturbance 6 to vegetation. 7 4. Immediately correct ineffective control measures. Implement additional controls as 8 directed. Remove excavated material within the time requirements specified in the 9 applicable storm water permit. 10 5. Upon acceptance of vegetative cover by the City, remove and dispose of all 11 temporary control measures, temporary embankments, bridges, matting falsework, 12 piling, debris, or other obstructions placed during construction that are not a part of 13 the finished work, or as directed. 14 C. Do not locate disposal areas, stockpiles, or haul roads in any wetland, water body, or 15 streambed. 16 D. Do not install temporary construction crossings in or across any water body without the 17 prior approval of the appropriate resource agency and the Engineer. 18 E. Provide protected storage area for paints, chemicals, solvents, and fertilizers at an 19 approved location. Keep paints chemicals, solvents, and fertilizers off bare ground and 20 provide shelter for stored chemicals. 2 F. Installation and Maintenance 22 1. Perform work in accordance with the TPDES Construction General Permit 23 TXR 150000. 24 2. When approved, sediments may be disposed of within embankments, or in areas 25 where the material will not contribute to further siltation. 26 3. Dispose of removed material in accordance with federal, state, and local 27 regulations. 28 4. Remove devices upon approval or when directed. 29 a. Upon removal, finish -grade and dress the area. 30 b. Stabilize disturbed areas in accordance with the permit, and as shown on the 31 Drawings or directed. 32 5. The Contractor retains ownership of stockpiled material and must remove it from 33 the project when new installations or replacements are no longer required. 34 G. Rock Filter Dams for Erosion Control 35 i. Remove trees, brush, stumps and other objectionable material that may interfere 36 with the construction of rock filter dams. 37 2. Place sandbags as a foundation when required or at the Contractor's option. 38 3. For Types 1, 2, 3, and 5, place the aggregate to the lines, height, and slopes 39 specified, without undue voids. 40 4. For Types 2 and 3, place the aggregate on the mesh and then fold the mesh at the 41 upstream side over the aggregate and secure it to itself on the downstream side with 42 wire ties, or hog rings, or as directed 43 5. Place rock filter dams perpendicular to the flow of the stream or channel unless 44 otherwise directed. CI fY OF FORT WORT!! STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1.201 t flnsen Project N met ((risen Project Numbed 312500.6 EROSION AND SEDIMENT CONTROL I'age 6 of9 1 6. Construct filter dams according to the following criteria, unless otherwise shown on 3 the Drawings: 3 a. Type 1 (Non -reinforced) 4 I) Height - At least 18 inches measured vertically from existing ground to top 5 of filter dam 6 2) Top Width - At least 2 feet 7 3) Slopes - At most 2:1 8 b. Type 2 (Reinforced) 9 I) Height - At least 18 inches measured vertically from existing ground to top 10 of filter dam 1 I 2) Top Width - At (east 2 feet 12 3) Slopes - At most 2:1 13 c. Type 3 (Reinforced) 14 I) Height - At Least 36 inches measured vertically from existing ground to top 15 of filter dam 16 2) Top Width - At least 2 feet 17 3) Slopes - At most 2:1 18 d, Type 4 (Sack Gabions) 19 I) Unfold sack gabions and smooth out kinks and bends. 20 2) For vertical filling, connect the sides by lacing in a single loop —double loop ( pattern on 4- to 5-inches spacing. At I end, pull the end lacing rod until 22 tight, wrap around the end, and twist 4 times. At the filling end, fill with 23 stone, pull the rod tight, cut the wire with approximately 6 inches 24 remaining, and twist wires 4 times. 25 3) For horizontal filling, place sack flat in a filling trough, fill with stone, and 26 connect sides and secure ends as described above. 27 4) Lift and place without damaging the gabion. 78 5) Shape sack gabions to existing contours, 29 e. Type 5 30 I) Provide rock filter dams as shown on the Drawings. 31 11. Construction Entrances 32 1. When tracking conditions exist, prevent traffic from crossing or exiting the 33 construction site or moving directly onto a public roadway, alley, sidewalk, parking 34 area, or other right of way areas other than at the location of construction entrances. 35 2. Place the exit over a foundation course, if necessary. 36 a. Grade the foundation course or compacted subg`rade to direct runoff from the 37 construction exits to a sediment trap as shown on the Drawings or as directed. 38 3. At drive approaches, make sure the construction entrance is the full width of the 39 drive and meets the length shown on the Drawings. 40 a. The width shall be at least 14 feet for 1-way and 24 feet for 2-way traffic for all 41 other points of ingress or egress or as directed by the Engineer. 42 I. Earthwork for Erosion Control 43 1. Perform excavation and embankment operations to minimize erosion and to remove 44 collected sediments from other erosion control devices. 45 a. Excavation and Embankment for Erosion Control Measures 46 1) Place earth dikes, males or combinations of both along the low crown of 47 daily lift placement, or as directed, to prevent runoff spillover. CITY OF FORT WORT(' (insen Project Name; STANDARD CONSTRucTioN SPECIFICATION DOCUMENTS (Insert Project Number' Revised July 1.2011 312500-7 I:ROS1ON AND SEDIMENT CONTROL Page 7 of 9 1 2) Place swales and dikes at other locations as shown on the Drawings or as 2 directed to prevent runoff spillover or to divert runoff. 3 3) Construct cuts with the low end blocked with undisturbed earth to prevent 4 erosion of hillsides. 5 4) Construct sediment traps at drainage structures in conjunction with other 6 erosion control measures as shown on the Drawings or as directed. 7 5) Where required, create a sediment basin providing 3,600 cubic feet of 8 storage per acre drained, or equivalent control measures for drainage 9 locations that serve an area with 10 or more disturbed acres at I time, not 10 including offsite areas. 11 b. Excavation of Sediment and Debris 12 1) Remove sediment and debris when accumulation affects the performance of 13 the devices, after a rain and when directed. 14 J. Sandbags for Erosion Control 15 I. Construct a berm or clam of sandbags that will intercept sediment -laden storm water 16 runoff from disturbed areas, create a retention pond, detain sediment and release 17 water in sheet flow, 18 2. Fill each bag with sand so that at least the top 6 inches of the bag is unfilled to 19 allow for proper tying of the open end. 20 3. Place the sandbags with their tied ends in the same direction. 21 4. Offset subsequent rows of sandbags 1f2 the length of the preceding row. 22 5. Place a single layer of sandbags downstream as a secondary debris trap. 23 6. Place additional sandbags as necessary or as directed for supplementary support to 24 berms or dams of sandbags or earth. 25 K. Temporary Sediment -Control Fence 26 1. Provide temporary sediment -control fence near the downstream perimeter of a 27 disturbed area to intercept sediment from sheet flow 28 2. Incorporate the fence into erosion -control measures used to control sediment in 29 areas of higher Flow. Install the fence as shown on the Drawings, as specified in this 30 Section, or as directed. 31 a. Post Installation 32 1) Embed posts at least 18 inches deep, or adequately anchor, if in rock, with a 33 spacing of 6 to 8 feet and install on a slight angle toward the run-off source. 34 b. Fabric Anchoring 35 1) Dig trenches along the uphill side of the fence to anchor 6 to 8 inches of 36 fabric. 37 2) Provide a miniinum trench cross-section of 6 x 6 inches 38 3) Place the fabric against the side of the trench and align approximately 2 39 inches of fabric along the bottom in the upstream direction. 40 4) l3ackfill the trench, then hand -tamp. 41 c. Fabric and Net Reinforcement Attachment 42 1) Unless otherwise shown under the Drawings, attach the reinforcement to 43 wooden posts with staples, or to steel posts with T clips, in at least 4 places 44 equally spaced. 45 2) Sewn vertical pockets may be used to attach reinforcement to end posts. 46 3) Fasten the fabric to the top strand of reinforcement by hog rings oI cord 47 every 15 inches or less. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICA nON DOCUMENTS Revisal July 1,2011 !Insert Project Name) (Insert Project Number! 31 2500-8 EROSION AND SEDtMI:NT CONTROL. Page 8of9 i d. Fabric and Net Splices 2 I) Locate splices at a fence post with a minimum lap of 6 inches attached in at 3 least 6 places equally spaced, unless otherwise shown under the Drawings. 4 a) Do not locate splices in concentrated flow areas. 5 2) Requirements for installation of used temporary sediment -control fence 6 include the following: 7 a) Fabric with minimal or no visible signs of biodegradation (weak fibers) 8 b) Fabric without excessive patching (more than 1 patch every 15 to 20 9 feet) 10 c) Posts without bends I I d) Backing without holes 12 3.5 REPAIR/RESTORATION (NOT USED' 13 3.6 RE -INSTALLATION [NOT USED] 14 3.7 FIELD ion( SITE QUALITY CONTROL [NOT USED] I5 3.8 SYSTEM STARTUP (NOT USED] 16 3.9 ADJUSTING [NOT USED] 17 3.10 CLEANING 18 A. Waste Management 19 1. Remove sediment, debris and litter as needed. 20 3.11 CLOSEOUT ACTIVITIES 21 A. Erosion control measures remain in place and are maintained until all soil disturbing 22 activities at the project site have been completed. 23 B. Establish a uniform vegetative cover with a density of 70 percent on all unpaved areas, 24 on areas not covered by permanent structures, or in areas where permanent erosion 25 control measures (i.e. riprap, gabions, or geotextiles) have been employed. 26 3.12 PROTECTION [NOT USED) 27 3.13 MAINTENANCE 28 A. Install and maintain the integrity of temporary erosion and sedimentation control 29 devices to accumulate silt and debris until earthwork construction and permanent 30 erosion control features are in place or the disturbed area has been adequately stabilized 31 as determined by the Engineer 32 B. Ifa device ceases to function as intended, repair or replace the device or portions 33 thereof as necessary. 34 C. Perform inspections of the construction site as prescribed in the Construction General 35 Permit TXR150000. 36 D. Records of inspections and modifications based on the results of inspections must be 37 maintained and available in accordance with the permit. CITY OF Four WORT!! STANDARD CONS ['RUC I ION SP'ECIEICA PION DOCUMENTS Revised July I, 2011 [Insert Project Name) [Insert Project Numbed 312S00-9 EROSION AND SEDIMENT CONTROL Page 9 of 9 I 3.14 ATTACHMENTS (NOT USED] DATE NAME END OF SECTION Revision Log SUMMARY OF CHANGE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1.2011 {Insert Project Name). Omen Project Numbed City of Fort Worth v. Mark Edwin Sanders NEGOTIATED SETTLEMENT AGREEMENT EXHIBIT J Land Preparation and Restoration Requirements based on Recommendations of the Samuel Roberts Noble Foundation Remove the top 10-12" of topsoil' by dozing or excavating from the site that will be excavated or otherwise damaged by excavation activities or traffic and store separately until all other excavated material is replaced and the appropriate grade established (crowning of the excavated site is to be done to compensate for settling of the disturbed subsoil) The removed topsoil is to be segregated and protected from contamination from subsoil or other materials that might be unearthed during excavation or from traffic operations. Since the affected site mostly resides in a flood way, the retained topsoil is to be protected from erosion and protected from contamination in the event the area is flooded_ After preparations .for replacement of the topsoil are complete, spread the topsoil over the entire disturbed site and level to appropriate grade. "if additional topsoil (free of clay and rock) is required to be removed, Mr_ Sanders retains the right to keep this soil. Measure will be taken to remove this topsoil with minimal contamination with underlying clay and rock materials, Mr Sanders will designate an appropriate and reasonable location on his property for it to be placed. Mr. Sanders also reserves the right to retain any and all other soils and rock excavated on his affected easements. Mr Sanders will designate an appropriate and reasonable location on his property for it to be placed. Disk and harrow the disturbed site until suitable as a prepared seedbed. Expect to disk soils at least twice to breakdown clods and smooth out uneven areas. Follow disking with a harrow or drag to firm up soils. The end result is to be a soil that is firm and free of clods. Collect soil samples for nutrient analysis within the distanbed site and from the adjacent aton- disturbed areas of the pasture. Send to The Samuel Roberts Noble Foundation for analysis. The appropriate nutrient/fertilizer treatments) to be performed for reestablishment of the grasses involved will be based on the analysis findings_ All operations prior to following sprigging and reseeding restorations need to be completed before the month of March. North Hay Pasture Restoration: Sprig disturbed site with a hybrid berrnuda grass such as Alicia or Coastal. Since Alicia is currently the predominant bermuda grass, it would be preferable to sprig with this variety. However, Alicia may be difficult to find and Coastal would be a satisfactory variety as sprigs are easier to locate. Planting in late winter or early spring into good moisture soil is critical to propagation. a. Apply Direx herbicide to the sprigged area immediately following sprigging and before emergence of new growth from the sprigs. Apply at a rate of 1.5 quarts per acre for pre - emergent control of annual weeds and grasses early in the growing season. South Natural Habitat Restoration: Reseed with mixture of native grasses that are consistent with those present in undisturbed areas adjacent to temporary and permanent easement paths. City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 8/23/2011 DATE: Tuesday, August 23, 2011 LOG NAME 20ROWE6215-18 & 20 SUBJECT: Authorize the Condemnation of Easement Interests in 0.715 Acres of Land for Two Permanent Sewer Facility Easements and 0.796 Acres of Land for a Temporary Construction Easement Across Property Owned by Mark Edwin Sanders at 8405 Anglin Drive, for the Sanitary Sewer Main 257 Upper and Middle Village Creek Parallel Relief Main, Part 1 Project (COUNCIL DISTRICT 8 ) REFERENCE NO.: L-15235 RECOMMENDATION,: It is recommended that the City Council: 1. Declare that negotiations between the City and the landowner to acquire two Permanent Sewer Facility Easements and a Temporary Construction Easement interest in 1.51 acres of land, owned by Mark Edwin S anders and known as 8405 Anglin Drive, Abstract No. 1375, Block 47, Shelby Country School Land S urvey, City of Fort Worth Tarrant County, Texas, were unsuccessful because of the inability to agree on a purchase price and other terms; 2. Declare the necessity to take by condemnation the easement interests in the subject property for the S anitary Sewer Main 257 Upper and Middle Village Creek Parallel Relief Main, Part 1; 3. Authorize the City Attorney to institute condemnation proceedings to acquire the permanent sewer and temporary construction easement interests in the property; and 4. Authorize the acceptance and recording of appropriate instruments. DISCUSSION The Water Department has initiated a sanitary sewer project based upon an Agreement with the Texas Commission on Environmental Quality to alleviate and prevent sanitary sewer overflows and bypasses in the wastewater -collection system. Additional pipeline capacity is needed to meet current demands and to accommodate future growth in the southeast part of Fort Worth and its wholesale customer cities of Burleson and Crowley. The proposed main will begin north of Everman-Kennedale-Burleson Road, east of Anglin Drive and will end south of Shelby Road. An independent appraiser established the total market value at $38,000.00 for the easement interests needed by the City. The Transportation and Public Works Department, Right -of -Way and Easement Division has been unable to reach an Agreement on the purchase price and other terms for the easements and recommends that the City Council authorizes the City Attorney to institute condemnation proceedings to acquire the easement interests in the property. Parcel No. 18 and 20 Address/Leaal Description Acres/ Tvoe of Property 8405 Anglin Drive 0.715 Acres/Permanent Sewer Facility Abstract No. 1375 Block 47 Easements Shelby Country School Land Survey 0.796 Acres/Temporary Construction Easement This property is located in COUNCIL DISTRICT 8, Mapsco 107J. FISCAL INFORMATION / CERTIFICATION: The Financial Management Services Director certifies that this action will have no material effect on City funds. FUND CENTERS: TO Fund/Account/Centers CERTIFICATIONS: Submitted for Citv Manaaer's Office bv: Oriainatina Department Head: Additional Information Contact: ATTACHMENTS 1. 6215-20ROWF6215-18 20.odf (Public) FROM Fund/Account/Centers Fernando Costa (6122) Douglas W. Wiersig (7801) Jill D Griffin (6253)