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1974-12-03177 i 1° CITY OF SOUTHLAKE, TEXAS December 3, 1974 7:30 P.M. 1. ZA-74-9: for Indu t McDonald Planning Plat.). Meeting of the Board of Adjustments: City vs. Dr. William D. Kelley CITY COUNCIL AGENDA Public Hearing on Request of Harold Shuler strial and Commercial Zoning on 65 acres in and Decker Surveys. (Joint session with the and Zoning Commission re "Green Meadow" Final 2. Resolution No. 74-32: Agreement with Texas Power and Light Co. Manager. 3. Resolution No. 74-33: Acceptanc, Addition". 4. Updating of Zoning Ordinance and Program Discussion - Craig Eaton 5. Street Standards Ordinance re Street Lighting Mr. Charles Paige III, of "Summerplace Capital Improvements and Gerald Lemons. 6. Resolution No. 74-34: Appointment of Larry D. Smith to the Planning an Zoning Commission replacing David Moak. City Administration. A. City Logo. B. Approval of Bills. C. Street Lights in Dove Estates I hereby certify that the above Agenda was posted on the bulletin board in City Hall, 667 North Carroll Avenue, on Friday, November 29, 1974, at 3:00 P.M. lz=40-~ ' 1 Actin City Secretary 178 u CITY OF SOUTHLAKE MEETING OF THE ZONING BOARD OF ADJUSTMENT DECEMBER 3, 1974 RE: Request for variance from W. E. Kelley. There being no quorum present, the meeting of the Zoning Board of Adjustment was reset to December 17, 1974. Chairman ATTEST: City Secretary ~01 179 REGULAR MEETING OF THE CITY COUNCIL CITY OF SOUTHLAKE, TEXAS DECEMBER 3, 1974 3 3o The City Council of the City of Southlake, Texas, met in regular session in the Council Chamber of City Hall, at 667 North Carroll 'Avenue in Southlak a on Tuesday, December 3, 1974, with the fol- lowing members present: Absent: Wade Booker, Mayor W. O. Nunn, Mayor Pro Tem R. D. Drummond, councilman (arriving late) Sam Davis, Councilman James Winfrey, Councilman Billy Joe Knox, Councilman A vsz~ Staff members present: William.D. Campbell, City Attorney J. Craig Eaton, Planner, Carter & Burgess Police Chief Douglas R. Hughes Fire Chief R. P. Steele. P 1&n$1149m `i3efsnPr9sent : C. M. Gordon James Harrell Eleanor Kasper Bob Pasley. Mayor Booker called the meeting to order at 7:35 P.M. The invo- cation was given by Councilman Nunn. The Minutes of the last regular meeting were approved as read. ZA-74-9: The public hearing on the request of Harold Shuler for industrial and commercial zoning on 65 acres of land in the McDonald and Decker Surveys was opened for discussion. The Mayor invif.ed the Planning & Zonigg Commission Members to look at the plat presented by Mr. Shuler for final approval by them, inasmuch as this meeting is being held in joint session with the Commission Members and Council. Discussion was had on the subject of streets. C. M. Gordon agreed to act as Chairman for the Commission in the absence of R. W. Mussina. Bob Pasley moved that the final plat as presented be approved; seconded by James Harrell. Motion pas- sed unanimously. Following this action by the Commission Members, Councilman Davis moved that Ordinance No. 161-63 be passed and 180 approved, changing the zoning on 65 acres of land in the McDonald and Decker Surveys from AG District to H District and F District, as indicated on the plat marked "Exhibit A" and being part of said Ordinance; seconded by Councilman Nunn. Motion passed unanimously. (Said Ordinance attached hereto and made a part hereof.) RESOLUTION NO. 74-32: Being an agreement with Texas Power & Light Company for street lighting in the City of Southlake was unanimously passed and approved on motion by Councilman Nunn; seconded by Councilman Davis. (Said Resolution attached hereto and made a part hereof.) RESOLUTION NO. 74-33: Accepting Summerplace Addition, a subdivi- sion in the City of Southlake, Texas, was unanimously passed and approved on motion by Councilman Winfrey; seconded by Councilman Nunn. (Said Resolution attached hereto and made a part hereof.) CAPITAL IMPROVEMENTS PROGRAM was presented to the Council by J. Craig Eaton. He gave a brief rundown on the five (5) major improvement priorities selected for consideration. He asked for comments no later than next week. The next topic he discussed was the current updating of the zoning ordinance under the final phase of the current 701 Plan- ning Assistance grant. He asked for feedback on this next week and also invited all to mark their comments on the map placed on the Council room wall which pictures the proposed Zoning Districts in the City. STREET STANDARDS was-the next item for the Council's consideration. The City Attorney informed the Council of some suggested changes. (At this point, Councilman Drummond entered the Council Chamber.) Councilman Davis moved that Ordinance No. 217, setting forth street standards to be followed in the City of Southlake be adopted, incorporating the recommendations from the City Attorney; seconded by Councilman Nunn. Motion passed unanimously. (Said Ordinance attached hereto and made a part hereof.) RESOLUTION NO. 74-34: Appointing Larry D. Smith to the Planning & Zoning Commission filling the vacancy left by David Moak was unanimously passed and approved on motion by Councilman Nunn; seconded by Councilman Winfrey. (Said Resolution attached hereto and made a part hereof.) CITY LOGO was presented to the Council by Larry D. Smith. He stated that the cost of $950.00 would be for the complete package Reqular Council Meetina 12/3/74 - Page 2 of 3 ~ 181 consisting of the art work, litho work, business cards, letter heads, and envelopes. The second phase of the art work would be emblems for the City vehicles. The City Secretary was in- structed to place this matter on the December 17 agenda. Council- man Nunn moved that the logo presented by Larry Smith be ac- cepted; seconded by Councilman Davis. Motion passed unanimously. The bills presented as per the attached list were approved for payment on motion by Councilman Winfrey; seconded by Councilman Drummond. Motion passed unanimously. Discussion was had on the balance due Arnold Welding Service on the new fire truck. Councilman Davis moved that the balance of the amount due Arnold be paid upon presentation of a new in- voice; seconded by Councilman Nunn. Motion passed unanimously. Mayor Booker informed the Council of a COG dinner to be held December 11th and Councilman Nunn advised he would attend. The Mayor stated he would try to attend also. There being no further business, the meeting adjourned. C Mayor ATTEST: City Secretary qI low*, ONO) Regular Council Meeting 12/3/74 - Page 3 of 3. i 101 BILLS FOR APPROVAL AT DECEMBER 3, 1974 COUNCIL MEETING: Gulf Oil Products (Gas) Mary Yates (Filings - City) Lone Star Gas Co. (City Hall) Tri-County Elect. (City) Southlake Estates & Trail Creek Addns. Grapevine Sun (Legal Notices - City) West Publishing Co. (City-Forms) Stafford-Lowdon Co. (City - Court Docket) Morgan & Sons (City Hall Expense) Texas Power & Light Co. (City) Texas Power & Light Co. (Water) General Telephone (Fire Dept.) General Telephone (Police Dept.) Thompson Printing Svc.(P.D.-Supplies) West Publishing Co. (P.D.-Penal Code) Sa-So., Inc.(P.D.-Supplies) Colleyville Auto Clinic(P.D.-Repair) Colleyville Auto Clinic(F.D.-Repair) State Firemen's Assoc.(F.D.-Annual Dues) Texas Fire & Safety (F.D.-Maint) A.B.I.T. (Emp.Hosp.) #006852 $187.33 11/27/74 10.00 Svc. to 11/20/74 8.95 11/74 36.29 11/14/74 3.20 11/18/74 10.00 #5747 150.64 11/26/74 44.09 Svc. to 11/26/74 86.92 Svc. to 11/26/74 384.53 12/1/74 25.11 12/1/74 37.04 11/29/74 15.00 11/18/74 35.00 #37575 26.70 #1016,#20957 & 11/19 233.75 #20993, 10/30 & 11/1 25.00 #10854 45.00 Dec./1974 189.60 II SECTION 2=. The official Zoning Map created by said Ordinance No,, 161 is hereby amended to reflect the change in zoning classification made by this ordinance. SECTION 3. The said Ordinance No. 161, except as amended by this Ordinance No. 161-62 and prior ordinance amendments, remains in effect in all other respects as originally passed. This Ordinance shall take effect upon its passage. PASSED THIS 3rd day of December, A. D. 1974. Mayor ATTEST: City Secretary APPROVED AS TO FORM: City torney 1009- a lid E R ~6 9ela iy Z ~Slei ~a y 7 t! F 3 Y y °s d '~iY{p F3 ~~plx3 m a e ~3= ~ _ n 3"?.! ns Li IP : st V C ) I 2 a RR+s 9 ia. a~6'°"it° 36: 4 ~ N ° sj FO s$ y . . a _t N:13 _ ,1 z F =e ~e5 zi g @R~Fa? ly7 HP ~ 9F L C~~ 3 o ^ gn H ~ \~\a~ M1h 3 ~ ~ ? 'im ~ ~J \b ~t•=fiyK 'fibF M9E,6BN W1 151 s <'o v~i'~~N3t\111NCO 1SV3 *LL• R NO Q,\\ \\pny I m \g F 1 n 3I 8 L~u 3fi, ~Ivi "LOEt 7,7b.69 5 11\ ;r .w M. I 3i a r, a3H-,w 1H~LL Q v 1 HZ Z r~~ 55S ~ ~ r Q 0 U m Z ~ U U .096 'M,9Saa N 182 ORDINANCE NO, '161-63 AN ORDINANCE AMENDING ORDINANCE NO. 161 OF THE CITY OF SOUTHLAKE, TEXAS, BY AMENDING THE ZONING CLASSIFICATION OF 64.5 ACRES OF LAND, MORE OR LESS, OUT OF THE J. A. FREEMAN SURVEY, ABSTRACT NO. 529 AND THE C. B. MCDONALD SURVEY, ABSTRACT NO. 1013, FROM AG DISTRICT TO H (HEAVY COMMERCIAL) DISTRICT AND F (LIGHT INDUSTRIAL) DISTRICT. WHEREAS, after receipt of request for change of zoning, notice given to applicable property owners of public hearing, notice of public hearing published, and public hearing having been conducted, all in compliance with Ordinance No. 161 of the City of Southlake, Texas, NOW, THEREFORE, Be it ordained by the City Council of the City of Southlake, Texas: SECTION 1. The certain Ordinance No. 161 passed by the City Council of the City of Southlake, Texas, January 1969, and insofar as the 64.5 acres of land, more or less, owned by Harold R. Shuler, Trustee, in the City of Southlake, Tarrant County, Texas, out of the J. A. Freeman Survey, Abstract No. 529 and the C. B. McDonald Survey, Abstract No. 1013, more particularly described by metes and bounds as follows: TRACT "A": BEGINNING at an iron pin 349.4 feet North 890 - 45' W. and 930.1 feet North from the Northeast corner of the Harrison Decker Survey and the Southeast corner of the J. A. Freeman Survey, said point being in the East line of County Road No. 3900; THENCE N. 010 - 09' E. along the East line of said road 1125.8 feet to an iron pin for corner; THENCE n. 860 - 45' E. 701.4 feet along the South line of County Road No. 3099 to an iron pin for corner; THENCE S. 000 - 15' W. at 36.4 feet passing the Northwest corner of a tract deeded to Ray Austin by Inez Blevins by deed recorded in Volume 3227, page 135, Deed Records, Tarrant County Texas, in all 430.3 feet to an iron pin for corner; THENCE S. 890 - 56' E. along the South line of said Austin tract .331.7 feet to an iron pin for corner; THENCE S. 000 - 22' W. 360.8 feet to an BSD stake for corner; THENCE S. 880 - 33' E. 261.6 feet to an BSD stake for corner; THENCE S. 000 - 39' W. 383.9 feet to an iron pin for corner; THENCE N..890 - 16' W. 1307.6 feet to the POINT OF BEGINNING and containing 26.69 acres of land of which approximately 17.58 acres is in the McDonald Survey, and approximately 9.11 acres is in the Freeman Survey TRACT "B": BEGINNING at an iron pin. 23.6 feet South from the Northeast corner of the Harrison Decker Survey, and the Southeast corner of the J. A. Freeman Survey; THENCE North 890 - 36' West, 349.4 feet to an iron pin for corner in the East line of County Road No. 3099; THENCE North 00 - 35' East along the East line of said Road, at 23.6 feet passing the South line of said Freeman Survey, in all 953.7 feet to an iron pin for corner; THENCE South 890 - 41' East, 1307.65 feet to an iron pin for corner; THENCE South 00 - 4' West, 1366.7 feet to an iron pin for corner; THENCE North 890 - 55' West, 960.0 feet to an iron pin for corner; THENCE North 00 - 52' 30" West, 416.5 feet to the PLACE OF BEGINNING and containing 37.903 acres of land is changed from its prior zoning classification of AG District to a zoning classification of H (Heavy Commercial) District on Tracts 3, 4, and 5 including South Kimball Avenue and East Continental Boulevard along said tracts, and F (Light Industrial) District on Tracts 1 and 2, as shown on the plat marked Exhibit "A" attached hereto and made a part hereof. ORDINANCE NO. 217 AN ORDINANCE SETTING FORTH THE POLICIES AND REGULATIONS GOVERNING THE CLASSIFICATION, DESIGN, AND CONSTRUCTION OF STREET AND STORM DRAINAGE FACILITIES, COST PARTICI- 'PATION POLICIES, AND RELATED COMPONENTS IN THE CITY OF SOUTHLAKE, TEXAS. WHEREAS, the City Council deems it necessary, for the purpose of improving traffic circulation and flow, provide for and protect the public safety, establish greater public convenience, develop a more thorough public under- standing and realization of street and roadway systems (and their respective functions and related components), and to provide necessary guidelines for public and private entities in the design and construction of streets, roadways and drainage facilities. NOW THEREFORE BE IT ENACTED THAT THIS ORDINANCE SHALL BECOME EFFECTIVE AND BE IN FULL FORCE FROM ITS PASSAGE BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, AND APPROVED BY THE MAYOR AND DULY ATTESTED BY THE CITY i SECRETARY. 19y~. PASSED AND APPROVED THIS,3rd_ DAY OF A& APPROVED: Zhol; Mayor ATTEST: City Secretary MR . 44 I Y ORDINANCE NO. 217 ESTABLISHING POLICIES AND REGULATIONS GOVERNING THE CLASSIFICATION, DESIGN, AND CONSTRUCTION OF STREET AND STORM DRAINAGE FACILITIES, AND RELATED COMPONENTS, IN THE CITY OF SOUTHLAKE, TEXAS PREPARED FOR THE CITY COUNCIL AND CITY PLANNING COMMISSION OF THE CITY OF SOUTHLAKE, TEXAS, BY: CARTER & BURGESS, INC. ..........ENGINEERS-PLANNERS FORT WORTH TEXAS C TABLE OF CONTENTS SECTION 1 SECTION 2 2.1 SECTION 3 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 SECTION 4 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 SECTION 5 5.1 5.2 5.3 SECTION 6 6.1 6.2 SECTION 7 7.1 Page No. PURPOSE AND INTENT 1 GENERAL INFORMATION 1 Plans and Specifications Requirements DEFINITIONS, STREET CLASSIFICATIONS AND FUNCTIONS 2 Street Roadway Cul-de-Sac Street Private Roadways and/or Drives Effective Roadway Paving Width Density Major Thoroughfares Secondary Thoroughfares Local Streets GEOMETRIC DESIGN STANDARDS: PUBLIC STREETS, ROADWAYS, AND RELATED COMPONENTS 4 Streets and Roadways; General Design Intersections Street Lengths Horizontal Roadway Curve Radius Street Grade Criteria Sidewalks City Owned Utilities Pavement Thickness Standards GEOMETRIC DESIGN STANDARDS: PRIVATE ROADWAYS AND/OR DRIVES 9 Roadways and Drives: Adjacent Parking Prohibited Roadways and Drives: Permitted Adjacent Parallel Parking Roadways and Drives: Permitted Angle Parking (e.g., Parking Lots) STORM DRAIN DESIGN STANDARDS 11 General Storm Sewer Standards Design Criteria Fig. 1 Rainfall Intensity vs. Duration Frequency Curves STANDARD SPECIFICATIONS FOR CONSTRUCTION 13 Reference to Texas Highway Department Standards TABLE OF CONTENTS (CONTINUED) Page No. 7.2 General Provisions 7.3 Construction Standards 1101 7.3-100 Clearing and Grubbing 7.3-110 Street Excavation 7.3-260 Lime Stabilized Subgrade 7.3-270 Cement Stabilized Subgrade 7.3-340 Hot Mix Asphaltic Concrete Pavement 7.3-364 Concrete Pavement 7.3-464 Reinforced Concrete Culvert Pipe 7.3-522 Concrete Curb and Gutter 7.3-524 Concrete Sidewalks and Driveways SECTION 8 COST PARTICIPATION POLICIES 57 8.1 8. la 8. lb 8. lc 8.ld 8. le 8.1f 8.lg 8.lh 8.li 8.lj 8.2 8.2a 8.2b 8.2c 8.2d 8.2e 8.2f 8.3 8.3a 8.3b SECTION 9 General Provisions Storm Drainage Definitions Street Definitions Procedure Ownership and Maintenance Performance Bonds or Cash Deposit Engineering and Inspection Award of Bids When Public Funds Involved Time Limits of Contract Transfer or Assignment of Agreement Partial Tract Development Policy for Storm Drainage Installations Preliminary Drainage Study Residential "Built-Up Areas" Commercial and Industrial Properties or New Residential Developments Commercial and Industrial Property Engineering and Supervision Ownership and Maintenance Policy for Street Installations Street Construction in Built-Up Property Areas Street Construction for Developers VARIANCES AND MODIFICATIONS TO STANDARDS 68 SECTION 10 STANDARD CONSTRUCTION DETAILS 70 Fig. 2 Standard HMAC Paving and Curb Details 281, 301 and 36' Streets Fig. 3 Standard HMAC Paving and Curb Details 40' and 44' Streets Fig. 4 Laydown Curb and Driveway Fig. 5 Concrete Valley Gutter Fig. 6 Standard 5' Storm Drain Inlet Fig. 7 Standard 10' Storm Drain Inlet Fig. 8 Standard Double 10' Storm Drain Inlet Fig. 9 Typical Paving Sections and Details for Concrete Pavement ® SECTION 1 - PURPOSE AND INTENT - The design and function of streets and roadways encompasses a sophisticated product of many variables and con- siderations, which include but are not limited to the following: 1. Type of land use served (i.e., residential, commercial, industrial, etc.). 2. Type of development density and intensity of land use served (i.e., low, medium and high, intensive and extensive). 3. Street function (i:e., Major Thoroughfares, Secondary Thoroughfares (Collectors) and Local Streets). 4. Design speed. 5. Traffic flow and corresponding characteristics as related to public safety and convenience. 6. Ability to accommodate the maneuverability and circulation of emergency and service vehicles. Land and related improvements cost. 8. Construction and maintenance costs. The purpose and intent of this ordinance therefore, is to improve traffic Q circulation and flow, provide for and protect the public safety, establish greater public convenience, develop a more thorough public understanding and realization of street and roadway systems (and their respective functions and related components), and to provide,necessary guidelines for public and private entities in the design and construction of streets, roadways and drainage facilities. The design standards herein contained are outlined as a municipal policy guide in effectuating the City of Southlake's "Thorough- fare and Circulation Plan." SECTION 2 - GENERAL INFORMATION 2.1 PLANS AND SPECIFICATIONS: Plans and specifications prepared by a registered professional engineer in the State of Texas shall be required for all proposed construction of street and drainage facilities in the City. The plans shall include but not be limited to: (a) Plat of the proposed addition (if a new development) at a scale not less than 1" = 200 feet showing all property lines, lots and blocks. (b) Topographic map at a scale not less than 1" = 200 feet with con- tour intervals not exceeding five (5) feet. A drainage area map shall be prepared utilizing the topographic map. (c) Plan-profile drawings of all proposed improvements at a scale of 1" = 40 feet. 1 ■ 2.2 All plans shall be approved by the City Engineer prior to con- struction. If part of a new development three (3) complete sets of approved plans and specifications shall be furnished to the City at the expense of the developer. Upon completion of construction, one set of "As Built" re- producible tracings of the complete project shall be furnished to the City at developer's expense. SECTION 3 - DEFINITIONS, STREET CLASSIFICATIONS AND FUNCTIONS 3.1 STREET - A "street" is defined as all property owned by the public (either through acquisition or dedication by private sources) for the primary purpose of vehicular movement and circulation, which is contained within fixed boundaries commonly referred to as right-of-way (R.O.W.) lines, and in which traveled roadways exist, along with various service utilities (i.e., water, sewer, telephone, gas, electric utilities, etc.) and sidewalks for pedestrian circulation. 3.2 ROADWAY - A "roadway" is defined as the traveled portion of a street upon which vehicles traverse and circulate, and includes the area from back-to- back of the outer curb lines, or where curbs do not exist, said roadway in- cludes the traveled area from the outer edges of the surfaced and prepared portion of the roadway, excluding shoulders, etc. 3.3 CUL-DE-SAC STREET - A "cul-de-sac" street is a public or private street in which one en (outlet) intersects at right angles (or near right angles) with an adjacent public or private street, and the opposite terminal end culminates in a turnaround (cul-de-sac). The main characteristic of a cul-de-sac street provides for only one traffic outlet to an adjacent in- tersecting street and therefore prohibits through traffic. 3.4 PRIVATE ROADWAYS AND/OR DRIVES - These are similar to public streets and roadways except that ownership and maintenance is privately used and re- tained and not dedicated to the public for general public use and maintenance. 3.5 EFFECTIVE ROADWAY PAVING WIDTH - The distance between the inside curb faces of a roadway; or where curbs do not exist, the distance (width) to the outer edge of the roadway paving (exclusive of shoulders). 3.6 DENSITY - As referred to in these standards are defined as follows: a. Low Density Development - 2.0 (or less) dwelling units per acre. b. Moderate Density Development - 2.1 to 7.0 dwelling units per acre. C. Medium Density Development - 7.1 to 19.0 dwelling units per acre. d. High Density Development - 20 or more dwelling units per acre. 3.7 MAJOR THOROUGHFARES - Generally comprise federal and state numbered highways and other significant traffic corridors, and are stratified as follows: a. Principal Arterials - Highest traffic volume corridors. b. Minor Arterials - Interconnects with, and augments, the "Principal 10 Arterial" System at a somewhat lower level of traffic mobility. 2 These thoroughfares primarily serve through traffic on a continuous route Q within the city for purposes of linkage with other urban areas and significant traffic generators outside the city, and thus form an integrated network of providing inter city/county service. The intention of these streets is to move all types of traffic (autos, buses, trucks, etc.) at moderate speeds with mini- mum interruption. On-street parking is prohibited. Of secondary importance is the land service function abilities and capabilities. Access control is normally dictated by city, state and county policy. Major thoroughfare streets require sufficient R.O.W. widths to accommodate additional traffic lanes or other roadway modifications as future traffic demands may dictate. 3.8 SECONDARY THOROUGHFARES (COLLECTOR STREETS) - These streets, often called "Collector Streets", accommodate the dual functions of collecting in- ternal traffic circulation (from local streets) within a specific area(s) of the city for movement from that area(s) to a "Major Thoroughfare" street (at appropriately spaced points) for dispersal along the "Major Thoroughfare." The primary consideration of a "collector" street is in accommodation of major traffic flow. Land access and service to abutting private property is general- ly of secondary importance. Design speeds are low to moderate and curb park- ing is discouraged where possible, unless sufficient traffic and parking lane widths are provided. a. "Principal Collectors" - These streets form a somewhat continuous road network anrally comprise the boundaries of neighborhoods. They are, therefore, designed to accommodate higher traffic volumes than "Minor Collectors." Land access and service to abutting private property is of i secondary importance. These streets require a sufficient R.O.W. width to accommodate additional traffic lanes as future demands dictate. Median strips ® of not less than 16 to 20 feet in width are required for left turn movements. b. "Minor Collectors" - It is not considered necessary for "Minor Col- lectors" to form a continuous system as it would induce a tendency for traffic to use this type of street as a "Principal Collector" or "Thoroughfare," thus negating one of the basic principles of traffic planning which is to keep through traffic confined to higher order streets. "Minor Collectors" nor- mally require less R.O.W. width than "Principal Collectors" due to function, and normally carry lower traffic volumes. These streets form the boundaries of sub-neighborhoods and often serve to separate development density or in- tensity. 3.9 LOCAL STREETS - Local streets (sometimes referred to as "Residential", "Commercial Industrial" or "Minor" streets) serve the primary purpose and func- tion of providing access to adjacent private property. These streets, along some point in their routing intersect with "secondary thoroughfares", and sometimes even "major thoroughfares." Normally, "local" streets in residential areas (and where neighborhood-serving commercial activities are present) are relatively narrow in width and of limited length. This street classification f also includes cul-de-sac streets. Local streets which serve higher intensive developed areas (i.e., general commercial, high density apartments, and in- dustrial facilities) should be designed to a higher classification'standard, as their traffic volumes (due to adjacent traffic generators) more closely ® reflect "collector" or "thoroughfare" type streets. € 3 SECTION 4 - GEOMETRIC DESIGN STANDARDS: THE PUBLIC STREETS/ROADWAYS AND RELATED ENTS 4.1 STREETS AND ROADWAYS (GENERAL DESIGN) A. Mayor Thoroughfares 1. Principal Arterials a. Right-of-Way Width - Varies from 801-3501, as per Texas Highway Department Standards. See "Thoroughfare and Circulation Plan," in the City's Comprehensive Plan. b. Effective Paving Width - Varies from 44' to 2-24' with a 20' median, as per Texas Highway Department Standards. See "Thoroughfare and Circulation Plan," in the City's Comprehen- sive Plan. 2. Minor Arterials a. Right-of-Way Width - Varies from 1001-1201, as per Texas Highway Department Standards. See "Thoroughfare and Circulation Plan," in the City's Comprehensive . Plan. b. Effective Paving Width - 2 - 24' with a 20' median. B. Secondary Thoroughfares 1. Principal Collectors a. Right-of-Way Width - Varies from 84' to 901. Residen- tial and Industrial Areas an 84' R.O.W. is required. Where Resi- dential Land Use is adjacent to Intense Commercial and Industrial areas, a 90' R.O.W. is required. See "Thoroughfare and Circulation Plan" for locations. b. Effective Paving Wid th - 2 - 24' with a 16' median is required in Residential and Commerical/Industrial areas. Where Residential Land Use is adjacent to Intense Commercial and Industrial areas, then 2 - 24' sections with a 20' median is required. See "Thoroughfare and Circulation Plan" for loca- tions. 4 Ile 2. Minor Collectors a. Right-of-Way Width - Varies from 56' in Residential areas to 60' and 64' in Industrial areas. Service Roads along S.H. 114 require 100' R.O.W.'s. See "Thor- oughfare and Circulation Plan" for locations. b. Effective Paving Width - Varies from 36' in Residential areas to 40' and 44' in Industrial areas. Service Roads along S.H. 114 require a 32' paving section. See "Thoroughfare and Circulation Plan" for locations. C. Local Streets: 1. Residential Streets a. Right-of-Way Width - 50' in low and moderate density areas. 60' in medium and high density areas. Cul-de-sacs should not be less than a 50' radius. b. Effective Paving Width - . 30' in low and moderate density areas. 28' for short loop and cul-de- sac streets in said areas. 32' in medium and high density areas. Cul-de-sacs should not be less than a 40' radius. 2. Industrial and Intense Commercial Streets a. Right-of-Way Width - 56' (60' radius for cul-de-sacs). b. Effective Paving Width - 36' (50' radius for cul-de-sacs). 4.2 INTERSECTIONS A. Minimum Clear Sight Distance 1. Horizontal (length along each traffic lane approach) Major Thoroughfare - 90' . Secondary Thoroughfare - 80' Local Streets - 75' 5 2. Vertical (Measured vertically from a point commencing 2.5' above intersection curb line) All street types - 7.5' B. Street Intersection Angle 1. Preferred Angle (in degrees) All street types - 90° 2. Minimum Angle (in degrees) All street types - 75° C. Minimum Curb Radius 1. Major Thoroughfares a. Principal Arterials - As per Texas Highway Department Requirements. b. Minor Arterials - 20' radius. 2. Secondary Thoroughfares a. Principal Collectors - 20' radius. b. Minor Collectors - 20' radius. 3. Local Streets a. Residential Streets 1) Low and Moderate Density Areas - 15' radius. 2) Medium and High Density Areas - 15' radius. b. Intensive Commercial and Industrial Areas - 20' radius. D. Minimum Centerline Offset of Opposite Intersecting Streets 1. Major Thoroughfares - As per Texas Highway Department Requirements and/or City Requirements. 2. Secondary Thoroughfares a. Principal Collectors - 2001. b. Minor Collectors - 1751. 3. Local Streets (all types) - 1501. 0 6P L 6 '1 4.3 STREET LENGTHS (MEASURED BETWEEN INTERSECTION CENTERLINES) A. Major Thoroughfares - No minimum or maximum. B. Secondary Thoroughfares - No minimum or maximum. C. Local Streets 1. Residential Streets a. Typical Streets . Minimum: 2501; 300' Preferred. Maximum: 10001; 750' Preferred. b. Cul-de-sac Streets Minimum: 150' . Maximum: 5001; 750' where severe topographic conditions exist and density is low to moderate. 3 2. Industrial or Intensive Commercial Areas r ! Minimum: 150' Maximum: 7501; 500' Preferred. I 4.4 HORIZONTAL ROADWAY CURVE RADIUS (MEASURED ALONG ROADWAY CENTERLINE) A. Major Thoroughfares - As per Texas Highway Department Requirements and/or City Requirements. B. Secondary Thoroughfares 1. Principal.Collectors - 400' minimun radius. 2. Minor Collectors - Ordinary Terrain (0-8% Cross Slope) - 350' Min. Rolling Terrain (8.1-15% Cross Slope) - 230' Min. . Hilly Terrain (15a+ Cross Slope) - _ 150' Min. C. Local Streets 1. Residential Streets - Ordinary Terrain (0-8% Cross Slope) - 250' Min. Rolling Terrain (8.1-15% Cross Slope) - 175' Min. Hilly Terrain (15%+ Cross Slope) - 110' Min. 2. Industrial and Intense Commercial Streets - Same as Minor Collector Streets. ISO 7 4.5 STREET GRADE CRITERIA A. Minimum grade - Five-tenths of one percent (0.5%) for all streets. B. Maximum grade - 1. Major Thoroughfares* - Six percent (6.0%). 2. Secondary Streets* - Seven and one-half percent (7.5%). 3. Local Streets* - Ten percent (10%). *Unless otherwise approved by the City Engineer due to natural topography. 4.6 SIDEWALKS A. Width 1. Around and leading to schools - 51. 2. Medium and High Density Residential Areas - 51. 3. Low and Moderate Density Residential Areas - 41. 4. Intensive Developed Areas where high pedestrian traffic is'anticipated - 81. 5. Commercial or Industrial Areas with light pedestria n movements - 51. B. Location 1. Distance from Street R.O.W. to back of walk = 11-011. 4.7 CITY OWNED UTILITIES A. Normal Location - Between curb and right-of-way line. 4.8 PAVEMENT THICKNESS STANDARDS* Thickness and Thickness and Type of Roadway Type of Base Street Classification Surface Required b~ A. Major Thoroughfares 1. Principal Arterials - (As per Texas Highway Department Design Standards) *See Section 10 for Typical Paving Sections 8 Thickness and Thickness and Type of Roadway Type of Base Street Classification Surface a/ Required b/ 2. Minor Arterials a. Alternate #1 611-PCC 611-Stabilized Subgrade b. Alternate #2 711-HMAC 811-Stabilized Subgrade B. Secondary Thoroughfares 1. Principal Collectors a. Intensive Comm./Ind. Areas 1) Alternate #1 611-PCC 611-Stabilized Subgrade 2) Alternate #2 711-HMAC 811-Stabilized Subgrade b. Residential and Light Comm. Areas 1) Alternate #1 511-PCC 611-Stabilized Subgrade ' 2) Alternate #2 711-HMAC 611-Stabilized Subgrade 2. Minor Collectors a. Intensive Comm./Ind. Areas 1) Alternate #1 611-PCC 611-Stabilized Subgrade 2) Alternate #2 611-HMAC 811-Stabilized Subgrade b. Residential and Light Comm. Areas 1) Alternate #1 511-PCC 211-Compacted Sand 2) Alternate #2 6"-HMAC 611-Stabilized Subgrade C. Local Streets 1. Commercial/Industrial Streets I Areas I i C d t ve omm. n . a. n ens 1) Alternate #1 611-PCC 611-Stabilized Subgrade 2) Alternate #2 611-HMAC 811-Stabilized Subgrade b. Light Commercial and Institutional Area 1) Alternate #1 511-PCC 611-Stabilized Subgrade j 2) Alternate #2 611-HMAC 611-Stabilized Subgrade 2. Residential Streets a. Net Residential Density Range 1-18 du/ac. 1) Alternate #1 511-PCC 211-Compacted Sand 2) Alternate #2 411-HMAC 611-Stabilized Subgrade Note: a/ - PCC = Portland Cement Concrete; HMAC = Hot Mix Asphaltic Concrete b/ - Except where otherwise noted, lime shall be used as the stabilizing agent in soils consisting of clay, and cement shall be used in sandy soils. i SECTION 5 - GEOMETRIC DESIGN STANDARDS: PRIVATE ROADWAYS AND/OR DRIVES GENERAL - The widths of all private roadways and/or drives shall be adequate to accommodate the anticipated use and traffic demands. Where curbs are provided, the widths shown herein reflect the distance between the inside faces of the curbs r 9 E ("effective" roadway/drive traveled surfaced area). Where curbs are not pro- vided, the indicated dimensions are to the outer edges of the "effective" road- way/drive (traveled surfaced area). In the case of parking areas or parking lots, the dimensions reflect the clear aisle between the opposite outer edges of the parking stalls, or between the outer edge of a parking stall and one edge of the "effective" traveled surface. 5.1 ROADWAYS AND DRIVES: ADJACENT PARKING PROHIBITED Minimum Roadway/Drive Width (ft.) Function a. 8' Private Drives serving single family or (10' preferred) two-family detached dwellings. b. 18' Two-Way (20' preferred) C. 16' One-Way (where vehicles may back out onto the traveled way). d. 11' One-Way (where vehicles would normally not be backing out onto the traveled way). 5.2 ROADWAYS AND DRIVES: PERMITTED ADJACENT PARALLEL PARKING ® Minimum Roadway/Drive ft Wid h Function ( t a. 40' Two-Way: Parking Each Side (high density) b. 361-38' Two-Way: Parking Each Side (low and medium density) C. 30' Two-Way: Parking One Side Only d. 28' One-Way: Parking Each Side e. 20' One-Way: Parking One Side Only 5.3 ROADWAYS AND DRIVES: PERMITTED ANGLE PARKING (e.g.: Parking Lots) Minimum Roadway/Drive Width (ft.) Function a. 22' 30° to 74° b. 24' 75° to 90° 10 SECTION 6 - STORM DRAINAGE DESIGN STANDARDS 6.1 GENERAL STORM SEWER STANDARDS: An adequate storm sewer system consisting of inlets, pipes, and other underground and above ground drainage structures with approved outlets shall be constructed where the runoff of storm water and the prevention of erosion cannot be accomplished satisfac- torily by surface drainage facilities. 6.2 DESIGN CRITERIA: Data shall be submitted as directed in this Section and under Developer's Policies for storm drainage installation for the City of Southlake, Texas. All subdivision development shall be subject to this criteria. Drainage problems will be solved by the use of the RATIONAL METHOD: Formula: Q = CIA: where Q = the storm flow at a given point in cubic feet per second (c.f.s.). C = a coefficient of runoff representing the ratio of rainfall to peak runoff. I = the average intensity of rainfall in inches per hour for a period equal to the time of flow from the fartherest point of the drainage area to the point under consideration. (Developed from Technical Paper No. 40, "Rainfall Frequency Atlas of the United States", May 1961 by U. S. Weather Bureau.) ® A = the area in acres that is tributary to the point of design. I A. Minimum Inlet Time Residential - 15 minutes Industrial - 10 minutes Commercial - 10 minutes Water assumed to be 8" deep with an 8" curb on a 30' street with a 6" crown and 6" deep with a 6" curb on a 30' street with a 6" crown. Where curb elevations are split the carrying capacity shall be ad- justed according to recognized engineering procedures. Wider streets shall be treated in a similar manner. B. Runoff Coefficient Commercial - 0.80 Industrial - 0.70 Residential - 0.50 Parks - 0.30 Apartment - 0.75 Il 11 11 a 20 10 9 0 8 _ 7 6 W CL 4 W 3 U 2 2 1.0 0.9 Z 0.8 W 0.7 I-- 0.6 Z 0.5 J 0.4 J Q 0.3 W Z Q 0.2 cr. 0.1 I 2 3 4 5 6 7 8 9 10 15 20 30 40 50 60 SO90loo 1 O RAINFALL DURATION IN MINUTES DEVELOPED FOR SOUTHLAKE, TEXAS FROM U.S. WEATHER BUREAU RAINFALL FREQUENCY DATA PRESENTED IN TECHNICAL PAPER N9 40. DATED MAY , 1961. RAINFALL INTENSITY vs. DURATION FREQUENCY 12 FIG. 1 C. Desi gn Frequency ear se 100- d (1) y erpasses, u For major drainage courses, un storm expectancy. (2) Total capacity of any street, swale, or waterway use 100-year storm expectancy with level of total capacity of waterway below finished ground at Building Foundations. d (3) Use 5-year storm expectancy for normal gutter or combine gutter and storm drain capacity. Culverts shall be de- signed to carry the 25-year frequency storm and bridges the 50-year frequency storm. SECTION 7 - STANDARD SPECIFICATIONS FOR CONSTRUCTION 7.1 REFERENCE TO TEXAS HIGHWAY DEPARTMENT STANDARDS GOVERNING MATERIALS AND CONSTRUCTION METHODS Any reference in this Ordinance to Texas Highway Department Standards or Specifications shall mean the "Standard Specifications for Road and Bridge Construction" as adopted by the Texas Highway Department on January 3, 1972, and commonly referred to as the "brown book." Said standards are hereby adopted by reference, only with regard to the specific items referred to in this Ordinance, and in which may hereby be amended or modified, and made a part hereof. 7.2 GENERAL PROVISIONS Each covenant, provision or condition of these General Provisions of any of the Contract Documents is of the essence, and the failure of the Contractor to perform or comply with any of such covenants, provisions or conditions, shall be deemed to constitute a breach of the Contract at the election of the Owner. 7.2.1 DEFINITION OF TERMS 7.2.1.1 DEFINITIONS: Whenever in these specifications and in the con- tract, or in any documents or instruments pertaining to construction where these specifications govern, the following terms of pronouns in place of said terms are used, the intent and meaning shall be interpreted as contained herein. 7.2.1.2 BIDDER: Any individual, partnership, firm or corporation, or any combination thereof, acting directly or through a duly authorized representa- tive, submitting a proposal for the work contemplated. 7.2.1.3 BRIDGES: Structures of over twenty-foot span, measured from face-to-face of abutments, or in case of copings, from face-to-face of copings, and multiple span structures of over twenty-foot length, measured between in- side of end-walls along the centerline of roadbed. 13 7.2.1.4 CALENDAR DAY: A calendar day is any day of the week or month, Sundays or legal holidays not excepted. 7.2.1.5 CHANGE ORDER: A written order to the Contractor, signed by the Engineer, ordering a change that has been found necessary in the work from that originally shown in the, plans and specifications but which is still within the general scope of the Contract. If the work is of a nature involving an.adjust- ment of unit prices, or is an addition to the Contract, a supplemental agreement shall be executed after approval by the City Council. 7.2.1.6 CITY: The City of Southlake, Tarrant County, Texas, Owner. 7.2.1.7 CITY ATTORNEY: The attorney appointed by the City Council of the City of Southlake, Tarrant County, Texas, as City Attorney, or his duly authorized Assistant or Assistants. 7.2.1.8 CITY COUNCIL: The duly elected and qualified governing body of the City of Southlake, Tarrant County, Texas. 7.2.1.9 CITY-OWNER: The City of Southlake, Tarrant County, Texas, a muni- cipal corporation organized and existing under the Constitution and Statutes of the State of Texas, acting by and through the governing body. The terms "City" and "Owner" are synonymous. 7.2.1.10 CONTRACT: The written agreement between the City and Contractor covering the furnishing of material and performance of the work. The Contract ® shall include the notice to bidders, instructions to bidders, proposal, plans, specifications, notice of award, special provisions, general provisions, contract bond and payment bond. It shall also include any and all supplemental agreements which may be necessary to complete the work in accordance with the intent of the plans and specifications in an acceptable manner, and shall also include any and all additional instruments bound herewith. 7.2.1.11 CONTRACT BOND: An approved form of security furnished by the Contractor and his surety as a guarantee of good faith and ability on the part of the Contractor to execute the work in accordance with the terms of the plans, specifications and Contract, which bond must satisfy the requirements of Article 5160 of the Revised Civil Statutes of Texas, as amended. The terms "Contract Bond" and "Performance Bond" are synonymous. 7.2.1.12 CONTRACT DOCUMENTS: Contract Documents are all of the written, printed, typed and drawn instruments which comprise and govern the performance of the Contract as defined above. 7.2.1.13 CONTRACTOR: The individual, partnership, firm or corporation, or any combination thereof with which the contract is made by the City, act- ing directly or through agents or employees primarily liable and responsible for the acceptable performance of the work for which contracted and also for the payment of all legal debts pertaining to the work. 14 H 7.2.1.14 CULVERTS: Any structure of single or multiple span of twenty (20) foot lengths or less, measured between inside or end-walls along the w~ centerline of the street. 7.2.1.15 WATER SUPERINTENDENT: The duly appointed Superintendent of the Water Department of the City of Southlake, Tarrant County, Texas, or his duly authorized representative. 7.2.1.16 CITY ENGINEER: The duly appointed City Engineer of the City of Southlake, Tarrant County, Texas, or his duly authorized representative. 7.2.1.17 DRAINAGE: Drainage is a system of pipes, drainageways, ditches and/or structures by which surface or subsurface waters are collected and con- ducted. 7.2.1.18 EQUIPMENT: All machinery, tools, apparatus and supplies neces- sary for the proper upkeep, maintenance, construction and acceptable completion of the work. 7.2.1.19 GENERAL PROVISIONS: The General Provisions are the construction and contract requirements which govern the performance of the work. Wherever there may be conflict between the General Provisions and the Special Provisions, the latter shall take precedence and shall govern. 7.2.1.20 INSPECTOR: An authorized representative of the City Engineer assigned to make all necessary inspections of the work performed or being per- formed, or of the materials furnished or being furnished by the Contractor. i 7.2.1.21 LABORATORY: Any testing laboratory that may be designated or approved by the City Engineer. 7.2.1.22 LANDSCAPING: The planting, establishing and caring for trees, shrubs, vines and other vegetation to provide shade, reduce dust, control erosion or improve the general appearance of the project. 7.2.1.23 MAYOR: The officially elected Mayor, or in his absence the Mayor Pro Tem, of the City of Southlake, Texas. 7.2.1.24 NOTICE OF AWARD: A written notice to the successful bidder stating that his bid has been accepted and that in accordance with the terms of the notice to contractors and specifications, he is required to execute the contract and furnish satisfactory contract bond. 7.2.1.25 NOTICE TO PROCEED (WORK ORDER): A written notice to the Con- tractor of the date that he is to begin prosecution of the work for which he has contracted. 7.2.1.26 OWNER: The City of Southlake, Tarrant County, Texas. 7.2.1.27 PAVEMENT: The combined riding surface, surface course, base course and subbase course, considered as a single unit of pavement. n 15 7.2.1.28 PAYMENT BOND: The approved form of security furnished by the Contractor and his surety as a guarantee that he will pay in full all bills and accounts for materials and labor used in the construction of the work ~ which bond must satisfy the requirements of Article 5160 of the Revised Civil Statutes of Texas, as amended. 7.2.1.29 PLANS: The plans, profiles, typical cross-sections, general cross-sections, working drawings and supplementary drawings or reproductions thereof, approved by the City Engineer, which show the locations, dimensions and details of the work to be done and which are a part of the contract. 7.2.1.30 PROJECT: The work contemplated in and covered by the contract. The term "Project" and "Work" are synonymous. 7.2.1.31 PROPOSAL: The written offer of the bidder, when submitted on approved proposal forms, to perform the contemplated work and furnish the neces- sary material and labor in accordance with the provisions of the plans and speci- fications, special and general provisions, and all contract documents. 7.2.1.32 PROPOSAL FORM: The approved form on which the written offer or formal bid is to be prepared and submitted for the construction to be done. 7.2.1.33 PROPOSAL GUARANTY: The security to be furnished by the bidder as a guarantee of good faith that he will enter into a contract with the Owner covering the work contemplated and execute the required bonds if the contract is awarded to him. 7.2.1.34 RIGHT-OF-WAY: The area or areas as shown on the plans which are provided for and secured for use in the construction of all or any part of the entire project. 7.2.1.35 ROADBED: The graded portion of the roadway between the inter- section of top and sideslopes upon which the base course, surface course, shoulders and median are constructed. 7.2.1.36 ROADWAY: The portion of the right-of-way within the limits of construction. 7.2.1.37 SODDING: The transplating of established turf in the form of blocks or strips usually referred to as "sod." 7.2.1.38 SPECIAL PROVISIONS: Special Provisions are the specific require- ments which are necessary for the particular project covered by the Contract Documents. When considered with the General Provisions and other Contract Documents, the Special Provisions provide the information which the Contractor and Owner should have in order to gain a thorough knowledge of the project. 7.2.1.39 SPECIFICATIONS: The specifications, provisions and general requirements, supplemented by such special provisions and supplemental agree- ments as may be issued or made pertaining to the work or to quantities and qualities of material to be furnished under the contract. Special provisions will cover work pertaining to a particular project, and such work shall be 16 1 i~ included in the proposal. Special provisions will govern and take precedence over any specifications wherever any conflict therewith occurs. Supplemental agreements are written agreements entered into between the Contractor and the i d a ons an lterat City, and, when necessary, approved by the surety, covering changes in the plans which are necessary for the proper completion of the work. 7.2.1.40 SUBGRADE: That portion of the roadbed upon which pavement structure is to be constructed. 7.2.1.41 SUBSTRUCTURE: That part of the structure below the bridge seats or below the spring line of arches. Parapets, backwalls, and wingwalls of abutments shall be considered as part of the substructure. 7.2.1.42 SUPERINTENDENT: The executive representative for the Contractor present on the work during progress, who shall supervise and direct construction. 7.2.1.43 SUPERSTRUCTURE: That part of the structure above the bridge seats or above the spring line of arches. 7.2.1.44 SUPPLEMENTAL AGREEMENT: A written proposal and agreement executed by the Contractor and by the Owner covering items not included in the plans or proposal which are necessary to the proper execution of the project. 7.2.1.45 SURETY: The person or persons, whether natural or corporate, who are bound by the Contract Bond, or the Performance and/or Payment Bonds with and for the Contractor and who engage to be responsible for the entire and satisfac- tory fulfillment and performance of the Contract and/or for the payment of all debts incurred in fulfilling and performing the Contract. 7.2.1.46 TEMPORARY STRUCTURES: All construction and/or structures of a temporary nature required during construction of the project. 7.2.1.47 THE WORK: The work shall include the furnishing of all labor, material, equipment, supervision and other incidentals necessary or convenient to the successful completion of the project and the carrying out and performance of all of the duties, obligations and covenants required by the Contract. 7.2.1.48 WORKING DAY: A working day is defined as any calendar day, not including Saturdays, Sundays or legal holidays, on which the Contractor is not prevented by weather or other circumstances not under his control from perform- ance for a continuous period of at least seven hours between 7:00 A.M. and 6:00 P.M. of the principal units of work under way. For every Saturday on which the Contractor chooses to work, one day will be charged against the contract working time when weather conditions will permit seven hours of work as delineated above. A principal unit of work will be a unit which controls the completion of time of the contract. Nothing in this item shall be construed as prohibiting the Con- tractor from working on Saturday if he so desires. Work on Sunday will not be permitted except in cases of extreme emergency, and then only with the written permisssion of the City Engineer. If Sunday work is permitted, working time will be charged on the same basis as weekdays. Legal holidays are defined as being New Year's Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. Io 17 1-1 7.2.2.4 COMPETENCY OF BIDDERS: The Bidder must be capable of performing 10 each of the various items of work bid upon. A bid will not be considered unless the Bidder shall have filed with the City, at least ten (10) days prior to the date upon which bids are to be submitted, a complete statement of his financial resources, prepared by an independent Certified Public Accountant and of his experience on similar work. Each Bidder shall furnish also a statement listing the equipment available for the work being bid upon and such other information as may be called for by the City. 7.2.2.5 PREPARATION OF PROPOSAL: Proposals shall be submitted on the proposal forms prescribed. All blank spaces under the heading "Bid Price" must be filled in with ink, with both words and figures, with the unit price for the item for which the proposal is made. If the proposal is made by an individual, his name and post office address must be shown; if made by a firm or partnership, the name and post office address of each member of the firm or partnership must be shown; and if made by a corporation, the person signing the proposal must show the name of the State under the laws of which the cor- poration is chartered and the names, titles and business addresses of the President, Vice Presidents and Registered Agent for service in Texas, together with a statement showing the corporate authority for doing business in the State of Texas. In the event the Proposal contains two or more alternates for types of construction, the Bidder is required to bid on at least one type of construc- tion. The Bidder may bid on any or all additional alternates if so desired. The payment to be received by the Contractor, based on the unit prices bid on the Proposal, will be full payment for all work specified in the plans and specifications. 7.2.2.6 IRREGULAR PROPOSALS: Proposals may be rejected if they show any alteration of words or figures, additions not called for, conditional or uncalled for alternate bids, incomplete bids, any alteration of words or figures or erasures not initialed by the person or persons making the Proposal, or other irregularities of any kind. However, the City reserves the right to waive any and all irregularities and to make the award in the best interests of the City. 7.2.2.7 PROPOSAL GUARANTY: No Proposal will be considered unless ac- companied by a Proposal Guaranty of the character and amount indicated in the Notice to Bidders, made payable to the City Secretary of the City of Southlake, Texas. 7.2.2.8 DELIVERY OF PROPOSALS: All bids must be submitted in sealed envelopes bearing on the outside the name of the Bidder, his address, and the name of the project for which the bid is submitted. If forwarded by mail, the sealed envelope containing the Proposal and the Proposal Guaranty, and marked as directed above, must be enclosed in another envelope carrying the address. All bids are to be sent or delivered to the Mayor, City Hall, Southlake, Texas, unless otherwise stated in the "Notice to Bidders." Pro- posals will be received on-or before the hour and date set for the opening thereof and must be in the hands of the official indicated by that time. N 18 7.2.1.49 WORKING TIME: The working time, stated in the proposal and the contract, shall be given as a definite number of working days or calendar days and shall be considered as an essential part of the contract. 7.2.2 INSTRUCTIONS TO BIDDERS 7.2.2.1 CONTENTS OF PROPOSAL FORMS: Upon request, the Bidders will be furnished with a Proposal Form which will state the location and description of the proposed work and an approximate estimate of the various quantities and kinds of work to be performed or materials to be furnished, and a schedule of items for which unit prices are asked and the time within which the work is to be completed. The Special Provisions, if any, will be bound in the Proposal Form. 7.2.2.2 INTERPRETATION OF ESTIMATES OF QUANTITIES: The quantities listed in the Proposal Form will be considered as approximate and will be used for com- parison of bids. Payments will be made to the Contractor only for the actual quantities of work performed or materials furnished in accordance with the con- tract. The quantity of work to be done and materials to be furnished may be in- creased or decreased, as hereinafter provided, without in any way invalidating unit prices bid. 7.2.2.3 EXAMINATION OF PLANS, SPECIFICATIONS, SPECIAL PROVISIONS, GENERAL PROVISIONS, AND SITE OF THE WORK: Before submitting a bid, the Bidder should examine carefully the Proposal, Plans, Specifications, Special Provisions, Gen- eral Provisions, and the form of the contract to be entered into for the work contemplated. He shall examine the site of the work and satisfy himself as to the conditions which will be encountered relating to the character, quality and quantity of work to be performed and materials to be furnished. The sub- mission of a bid by the Bidder shall be conclusive evidence that he has com- plied with these requirements. The borings, profiles, existing underground utilities and water elevations shown on the plans were obtained for the use of the City in the preparation of the plans, and the Bidder is hereby cautioned that the City neither assumes nor implies any responsibility for the accuracy of these data. The Bidder, in preparing his proposal, shall take cognizance of the difficulty of distinguishing between boulders and ledge rock, the difficulty of accurately classifying all material encountered in making the subsurface investi- gations, the possible erosion of stream channels and banks after survey data has been obtained, and the unreliability of water elevations other than for the date recorded. Claims for additional compensation due to variations between conditions actually encountered in construction and as indicated on the plans will not be allowed. Approval of plans and/or specifications by the City Engineer shall not constitute an assumption of liability by the City or the City Engineer for any inaccuracy of computation or deficiency of design therein. 19 7.2.2.4 COMPETENCY OF BIDDERS: The Bidder must be capable of performing 10 each of the various items of work bid upon. A bid may not be considered unless the Bidder shall have filed with the City, at least ten (10) days prior to the date upon which bids are to be submitted, a complete statement of his financial resources, prepared by an independent Certified Public Accountant and of his experience on similar work. Each Bidder shall furnish also a statement listing the equipment available for the work being bid upon and such other information as may be called for by the City. 7.2.2.5 PREPARATION OF PROPOSAL: Proposals shall be submitted on the proposal forms prescribed. All blank spaces under the heading "Bid Price" must be filled in with ink, with both words and figures, with the unit price for the item for which the proposal is made. If the proposal is made by an individual, his name and post office address must be shown; if made by a firm or partnership, the name and post office address of each member of the firm or partnership must be shown; and if made by a corporation, the person signing the proposal must show the name of the State under the laws of which the cor- poration is chartered and the names, titles and business addresses of the President, Vice Presidents and Registered Agent for service in Texas, together with a statement showing the corporate authority for doing business in the State of Texas. In the event the Proposal contains two or more alternates for types of construction, the Bidder is required to bid on at least one type of construc- tion. The Bidder may bid on any or all additional alternates if so desired. The payment to be received by the Contractor, based on the unit prices bid on the Proposal, will be full payment for all work specified in the plans and specifications. 7.2.2.6 IRREGULAR PROPOSALS: Proposals may be rejected if they show any alteration of words or figures, additions not called for, conditional or uncalled for alternate bids, incomplete bids, any alteration of words or figures or erasures not initialed by the person or persons making the Proposal, or other irregularities of any kind. However, the City reserves the right to waive any and all irregularities and to make the award in the best interests of the City. 7.2.2.7 PROPOSAL GUARANTY: No Proposal will be considered unless ac- companied by a Proposal Guaranty of the character and amount indicated in the Notice to Bidders, made payable to the City Secretary of the City of Southlake, Texas. 7.2.2.8 DELIVERY OF PROPOSALS: All bids must be submitted in sealed envelopes bearing on the outside the name of the Bidder, his address, and the name of the project for which the bid is submitted. If forwarded by mail, the sealed envelope containing the Proposal and the Proposal Guaranty, and marked as directed above, must be enclosed in another envelope carrying the address. All bids are to be sent or delivered to the Mayor, City Hall, Southlake, Texas, unless otherwise stated in the "Notice to Bidders." Pro- posals will be received on or before the hour and date set for the opening thereof and must be in the hands of the official indicated by that time. 20 7.2.2.9 WITHDRAWAL OF PROPOSALS: Proposals filed with the Mayor cannot ® be withdrawn or modified prior to the time set for opening proposals. Requests for non-consideration of proposals must be made in writing addressed to the City Council and be filed with the Mayor prior to the time set for opening the proposals. After other proposals are opened and publicly read, the pro-. I~ posal for which the withdrawal is properly requested may be returned unopened. A request by telephone or telegraph for withdrawal of a proposal will not be considered. 7.2.2.10 PUBLIC OPENING OF PROPOSALS: Proposals will be opened and read publicly at the time and place indicated in the "Notice to Bidders." Bidders or their authorized agents are invited to be present. 7.2.2.11 DISQUALIFICATION OF BIDDER: More than one proposal from an, individual, a firm or partnership, a corporation or an association of the same or different name, or any combination of the foregoing will not be considered. Reasonable grounds for believing that any bidder is interested in more than one proposal for the work contemplated will be cause for the rejection of all proposals in which such bidder is interested. Any and all proposals will be rejected if there is reason to believe that collusion exists among the bidders, and all participants in all such collusion will not be considered in future proposals for the same work. Proposals in which prices are obviously unbal- anced may be rejected. Only responsible bidders capable of performing the class of work contemplated will be considered in awarding this contract. In addition to the foregoing, the City expressly reserves the right to reject all bids. No bid or proposal shall be in any way binding upon the City of Southlake until formally accepted by the City Council. 7.2.2.12 MATERIAL GUARANTY: Before any contract is awarded, the bidder may be required to furnish a complete statement of origin, composition and manufacture of any and all materials to be used in the construction of this project. 7.2.3 AWARD AND EXECUTION OF CONTRACT 7.2.3.1 CONSIDERATION OF BIDS: For the purpose of contract award, after the proposals are opened and read, the correct summation of the products of the approximate quantity shown in the proposal multiplied by the unit prices bid will be considered the amount of the bid. The summations will then be compared and the results made available to the public. Until the award of the contract is made, the City reserves the right to reject any or all proposals and to waive all such technicalities as may be considered in the best interests of the City. 7.2.3.2 AWARD OF CONTRACT: The award, if made, will be within forty-five (45) days after the opening of the proposals, but in no case will the award be made until all necessary investigations are made as to the responsibility of the bidder to whom it is proposed to award the contract. 7.2.3.3 returned as bidder when IC RETURN OF PROPOSAL GUARANTIES: All proposal guaranties will be soon as possible to the unsuccessful bidders and to the successful the contract and bonds have been executed. 21 7.2.3.4 CONTRACT BOND REQUIRED: The successful bidder entering into a contract for the work will be required to give the City surety in a sum equal to the amount of the contract awarded. In this connection, the success- ful bidder shall be required to furnish a performance bond as well as a payment bond, both in a sum equal to the amount of the contract awarded. The form of the bond shall be as herein provided, and the responsibility of the surety shall meet the approval of the Mayor and City Council. All bonds furnished hereunder shall meet the requirements of Article 5160 of the Revised Civil Statutes of Texas, as amended. 7.2.3.5 EXECUTION OF AWARD: Within ten (10) days after the contract has been awarded, the successful bidder shall sign the necessary agreements, entering into the contract with the City of Southlake, Texas, and return them to the Mayor and City Council at Southlake, Texas. No proposal will be considered binding upon the City until the execution of the contract. 7.2.3.6 FAILURE TO EXECUTE CONTRACT: Failure to comply with any of the requirements of the specifications and contract or failure to furnish the required surety within ten (10) days after notice of the award as speci- fied shall be just cause for the annulment of the award or of the contract, if executed; and it is understood by the bidder that in the event of the annulment of the award or of the contract, the proposal guaranty accompanying the proposal shall become the property of the City, not as a penalty but as liquidated damages. 7.2.3.7 INSURANCE REQUIRED: The Contractor shall not commence work under this contract until he has obtained all insurance required under this Q paragraph and such insurance has been approved by the Owner, nor shall the Contractor allow any subcontractor to commence work on his subcontract until all similar insurance of the subcontractor has been so obtained and approved. (1) Compensation Insurance. The Contractor shall take out and maintain during the life of this contract Workmen's Compensation Insurance for all of his employees at the site of the project; and in case any work is sublet, the Contractor shall require the subcontractor similarly to provide Workmen's Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Contractor. In case any class of employee engaged in hazardous work under this contract at the site of the project is not protected under the Workmen's Compensation Statute, the Con- tractor shall provide and shall cause each subcontractor to provide adequate and suitable insurance for the protection of his employees not otherwise protected. (2) Public Liability and Property Damage Insurance. The Contractor shall take out and maintain during the life of this contract such Public Liability and Property Damage Insurance as shall protect him and any sub- contractor performing work covered by this contract from claims for damages or personal injury, including accidental death, as well as from claims for property damages which may arise from operations under this contract, in- cluding blasting, when blasting is done on, or in connection with the work of the project, whether such operations be by himself or by any subcontractor or by anyone directly or indirectly employed by either of them, and the amounts of such insurance shall be as follows: 22 FA_ (a) Public Liability Insurance. In an amount not less than One Hundred Thousand Dollars ($100,000) for injuries, including accidental death, to any one person, and subject to the same limit for each person; and in an amount not less than Three Hundred Thousand Dollars ($300,000) on account of one accident; and (b) Property Damage Insurance. In an amount not less than Three Hundred Thousand Dollars ($300,000). ' (3) Proof of Carriage of Insurance. The Contractor shall furnish the Owner with satisfactory proof of carriage of the insurance required. 7.2.3.8 TWO OR MORE UNITS: On Assessment Paving projects, in the event the project consists of two or more units, it is specified that one or more of the units may be deleted by the City Council after the Benefit Hearing as pro- vided by law, and such deletions will in no way affect the contract as a whole, nor will it affect the unit prices bid on other units. Should it develop during construction that some items of work become necessary on any particular unit and those particular items of work were not bid in that unit, then the agreed unit price for the work will be the lowest unit price bid for the same work on any other units. Should it develop that the City deems it necessary to alter the paving width by increasing or decreasing the roadway width, the resulting variations in affected quantities will in no way affect the contract as a whole and will not affect any other unit, nor will it affect any unit prices bid as shown on the proposal. All Assessment Paving projects are constructed under the authority of Article 1105b of the Revised Civil Statutes of Texas, as amended, or under the Charter of the City of Southlake. 7.2.4 SCOPE OF WORK ' 7.2.4.1 INTENT OF PLANS AND SPECIFICATIONS: The intent of the plans and specifications is to describe the completed work to be performed by the Con- tractor under the contract as an independent contractor. It is also the intent of the plans and specifications that the Contractor shall furnish all materials, supplies, tools, equipment, machinery, labor and supervision necessary for the proper prosecution and completion of the work in full compliance with the pro- posal, plans, specifications and other contract documents. 7.2.4.2 SPECIAL WORK: Any construction or requirements not covered by the plans or specifications will be covered by special specifications or special provisions which will be included in the Proposal. Such special specifications i~ and special provisions will be considered as a part of the contract the same as though contained and written fully therein. 10 23 I 7.2.4.3 CHANGES OR ALTERATIONS: The City shall have the right to in- crease or decrease the extent of the work, and the City Engineer will have the right to make changes and alterations in the plans or in the quantities of the work as may be considered necessary or desirable, and such changes and alterations shall not be considered as a waiver of the conditions of the contract, nor shall they invalidate any of the y provisions thereof. The Con- tractor shall perform the work as increased or decreased, and no allowances will be made for any anticipated profits. Payment to the Contractor for contract items will be made for the actual quantities of work done and material furnished at the unit prices set forth in the contract, except as provided in specification items allowing for plan quantity payment. Any revised consideration is to be determined by special agreement or as is hereinafter provided under "Extra Work." 7.2.4.4 EXTRA WORK: Work made necessary by changes and alteration of plans or of quantities or for other reasons for which no prices are provided in the contract, and work made necessary in contract items as a result of a substantial change in the character of the work which materially increases or decreases the cost of the work shall be defined as "Extra Work" and shall be performed by the Contractor in accordance with these specifications and as directed. However, before any extra work is begun, a "Supplemental Agreement" shall be executed after approval by the City Council or a written order issued by the City Engineer to do the work on a "Force Account" basis as hereinafter provided under Section 7.2.9. 7.2.4.5 MAINTENANCE OF DETOURS: The Contractor shall do such work as may be necessary to provide and maintain detours and facilities for public travel in accordance with the plans and specifications. Provisions will be made by the Contractor to allow local traffic to operate to and from adjoining property at all times. No extra compensation will be allowed for this provision. No area shall be closed to public traffic without the express approval of the City Engineer. Should it become necessary to close certain areas to public traffic during the execution of this contract, the Contractor will execute the work promptly, with dispatch, and in a workmanlike manner. The Contractor will make all connections to existing driveways, walks, etc., as requested by the City Engineer, regardless of whether the work is on public or private property. Unit bid prices as shown on the proposal for the pay item involved will be paid for this work. 7.2.4.6 REMOVAL AND DISPOSAL OF STRUCTURES AND OBSTRUCTIONS: All fences, outbuildings, trees or other encumbrances, excepting habitable structures, upon or within the limits of the right-of-way and which interfere with construc- tion shall be removed by the Contractor or otherwise disposed of. Habitable structures shall be removed by the Contractor if and as directed by the City 24 Engineer. The Contractor shall receive no extra compensation for such work Q since the cost of such work shall be included in bid prices. The City, at j its election, may provide otherwise for the removal of habitable structures. Any reusable material salvaged from improvements on the site shall, at the option of the City, remain the property of the City or be removed by the Contractor. The Contractor shall notify the City Engineer and the City Engineer will notify the various utility companies, including the appropriate City departments,. whenever their respective lines or services are encountered during construction. The Contractor shall cooperate with the utility companies and the City of South- lake on the project and shall protect their facilities pending removal. Existing utilities are indicated on the plans from available information. The bidders are advised that any reference to or indication of existing utili- ties on the plans or otherwise is made solely for the information of the bidders and the City and is not to be construed as indicating the exact location, either in plan, elevation or number of said utilities. No additional compensation will be allowed the Contractor because of the existence of utility lines which are not shown on the plans. When the City Engineer considers it necessary, the exact location, in plan and elevation, of existing utilities shall be determined by uncovering same in advance of start of construction. Any excavation required for such uncovering of utilities at the direction of the City Engineer shall be done by the Con- tractor and will be paid for at the lowest contract price per cubic yard for "Unclassified Trench Excavation," if any appears in the proposal, otherwise "Unclassified Street Excavation." (1) Relocation of Utilities. All necessary relocation or adjustment of utilities will be accomplished without expense to the Contractor except when otherwise provided in the Special Provisions. The Contractor shall be required to coordinate his work with that of the utility companies or the City so that the relocation or adjustment of utilities and the work on this project can proceed in an orderly and timely manner. (2) Abandoned Utilities. Abandoned utility lines or storm drains shall be removed within the limits of the excavation and the open ends capped. Re- moval of these lines will be paid for at the lowest contract price per cubic yard for "Unclassified Trench Excavation" if any appears in the proposal, other- wise "Unclassified Street Excavation." (3) Damage to Facilities. Any damage to new or existing utilities or other facilities on the project site shall be repaired by the Contractor in accordance with the provisions of the contract or as directed by the City Engineer. No additional payment will be allowed for such work. (4) Conflicting Work. It shall be the responsibility of the Contractor to be fully informed as to the extent of the limits of the work to be performed by other Contractors or the City and to coordinate this work with them. Should there be any conflicts as to the limits or staging of the work, the matter shall be presented to the City Engineer and his decision thereon shall be final. 25 7.2.4.7 FIELD OFFICE: If specified, the Contractor shall furnish a field office for the City Engineer. Such office shall have a minimum floor space of eight (8) feet by fourteen (14) feet and shall be substantially constructed, heated in cold weather, air-conditioned in hot weather, and weatherproof, and shall have adequate windows for lighting and ventilation. A desk approximately six (6) feet by three (3) feet and two chairs shall be furnished, and the office shall be provided with a lock. The field office shall be constructed near the project site at a location approved by the City Engineer. No direct payment will be made for this item but the cost of same shall be included in the regular bid items. 7.2.4.8 RIGHTS IN AND USE OF MATERIALS FOUND ON THE RIGHT-OF-WAY: The Contractor, with the approval of the City Engineer, may use in the work any suitable stone, gravel or sand found in the "Excavation" and will be paid for the excavation of such materials at the contract price bid. He shall, however, at his own expense, replace other suitable materials so removed which were in- tended for use in embankments, backfills, approaches or elsewhere. No charge for materials so used will be made against the Contractor. The Contractor will not excavate or remove any material from within the project which is not within the excavation, as indicated by the slope and grade lines, without written authorization from the City Engineer. 7.2.4.9 FINAL CLEAN-UP: Upon completion of the work and before acceptance and final payment shall be made, the Contractor shall clean and remove from the right-of-way all falsework, all surplus discarded materials, rubbish and tempor- ary structures, restore in an acceptable manner all property, both public and private, which has been damaged during the prosecution of the work, and leave the streets and right-of-way in an unobstructed and neat condition throughout the entire area of the work of the contract. No payment will be made for this work, its cost being included in the unit price bid. Upon completion of any structure, all excess materials, cofferdams, con- struction buildings, temporary structures and debris resulting from construction shall be removed to the ground line of the bed of the stream and stream channels, structure and street left unobstructed in a neat and presentable condition. Materials cleared from the project and deposited on the property adjacent thereto will not be considered as a satisfactory method of disposal and will not be ac- ceptable unless such method of disposal is approved by the City Engineer. No direct payment will be made for this work, its cost being included in the unit price bid. During the course of preparing the entire project for final acceptance, the slopes and parkways shall be refinished to proper line and grade, roadway sur- faces swept and cleaned, and the entire premises left in a neat and properly finished condition. 7.2.5 CONTROL OF THE WORK 7.2.5.1 DUTY OF THE CONTRACTOR: The Contractor shall pay all subcontractors, laborers and materialmen, perform all of the work and furnish all of the materials and necessary tools, personnel, supervision and equipment, in strict compliance 26 I7 I with the contract and as an independent contractor. Under no circumstances shall the Contractor be deemed to be an agent, servant or employee or the Owner, and the doctrine of respondeat superior will not apply. The Con- tractor will at all times have exclusive control over the acts of his em- ployees and invitees on the project and the manner and means by which the work is performed, and the Owner shall have no liability therefor. 7.2.5.2 AUTHORITY OF THE CITY ENGINEER: The City Engineer or his duly authorized representatives shall oversee the work and shall be authorized to require that the work be performed and materials be furnished to his satis- faction and in strict compliance with the Contract. The City Engineer shall decide all questions which may arise concerning the quality or acceptability of the materials furnished or the work performed, the rate or progress of the work, the sequence of construction, interpretation of the contract documents and the acceptable fulfillment of the contract on the part of the Contractor, and the decision of the City Engineer shall be final. 7.2.5.3 CITY ENGINEER AS REFEREE: The City Engineer shall act as Referee and shall be authorized to decide all questions arising under the contract, and his decision shall be final. 7.2.5.4 PLANS: The plans will show in detail the work to be accomplished under the contract. Where supplementary plans, details and working drawings are required by the Contractor, they shall be furnished by the Contractor and approved by the City Engineer prior to the beginning of the work involved. The Contractor shall furnish the City Engineer with.three (3) blueprint copies of any such drawings for approval. The contract price will include the cost of furnishing such drawings, and the Contractor will not be allowed extra compensation for such drawings. Authorized alterations will be approved by endorsement on the plans or on the supplementary plans or working drawings. The approval of the City Engineer of the Contractor's supplementary plans or working drawings will not relieve the Contractor of any responsibility under the contract nor constitute any assumption of liability on behalf of the Owner for the ac- curacy of sufficiency of same. It is the responsibility of the Contractor to verify all quantities of materials shown on the plans before ordering same, as payment is provided for acceptable materials complete in place, and materials rejected due to improper fabrication or excess quantity or for other reasons within the control of the Contractor will not be paid for, regardless of the quantities or dimen- sions shown on the plans. The City Engineer, when requested, will check any or all material orders prepared by the Contractor, but such check will not relieve the Contractor of responsibility. 7.2.5.5 CONFORMITY WITH PLANS: Finished surfaces in all cases shall conform with lines, grades, cross-sections and dimensions shown on the plans. Such deviations from the plans and approved working drawings as may be re- quired in the opinion of the City Engineer must in all cases be determined by the City Engineer and authorized in writing. I C~ 1 27 is 7.2.5.6 COORDINATION OF THE CONTRACT DOCUMENTS: All of the contract ® documents, including the specifications, plans, special provisions, proposal, notice of award, notice instruction to bidders, general provisions, work orders, bonds and supplemental agreements are essential parts of the contract, and a requirement in one is as binding as though occurring in all. They are intended to be cumulative and describe and provide for the complete work. Incases of discrepancy as to dimensions, calculated dimensions shall control over scaled dimensions. In all cases of discrepancy, plans shall control over specifications and general provisions, and special provisions shall control over general provisions, specifications and/or plans. Quantities shown on either plans or specifications shall govern over those shown on the proposal. The Contractor shall not take advantage of any error or omission in the plans or of any discrepancy between any of the contract documents. In the event the Contractor discovers an error or apparent discrepancy, he shall immediately bring same to the attention of the City Engineer. In all cases where questions arise concerning the interpretation or intent of the con- tract documents, such questions shall be referred to the City Engineer, and his interpretation and decision shall be binding. 7.2.5.7 COOPERATION OF CONTRACTOR: The Contractor will be supplied with four (4) copies of the plans, specifications and special provisions, and he shall have available on the work at all times one (1) copy of each. He shall give the work his constant attention to facilitate the progress thereof, and he shall cooperate with the City Engineer in every way possible. He shall have at all times a satisfactory and competent English-speaking superintendent on the work, authorized to receive orders and to act for him. The Contractor shall designate in writing the name of such superintendent, and he shall be furnished by the Contractor, regardless of how much of the work may be sublet. 7.2.5.8 CONSTRUCTION STAKES: The Contractor will furnish and set all construction stakes establishing lines and grades in roadway and drainage work and centerlines and bench marks for bridge work unless otherwise pro- vided for in the special provisions and any other work as may be required. The Contractor shall be responsible for all work executed by him under the contract. He shall verify all figures and elevations before proceeding with the work and will be responsible for any error resulting from his failure to do so. 7.2.5.9 AUTHORITY AND DUTIES OF INSPECTORS: Inspectors employed or appointed by the City Engineer or his assistant shall be authorized to inspect all work done and all materials furnished. Such inspections may extend to all or any part of the work and to the preparation or manufacture of the materials to be used. An inspector may be stationed on the work to report to the City Engineer as to the progress and quality of the work as it is being performed; to report whenever it appears that the materials furnished and the work per- formed by the Contractor fail to fulfill the requirements of the specifica- tions and contract; and also to call the attention of the Contractor to any such failure or other infringement. Such inspection will not relieve the Contractor from any obligation to perform the work in accordance with the requirements of the specifications. In case of any dispute arising between 10 28 i the Contractor and Inspector as to materials furnished or the quality of the work, the Inspector will have authority to reject materials or suspend work until the question in issue can be referred to and decided by the City Engineer. The Inspector will not, however,be authorized to revoke, alter, enlarge or release any requirement of the specifications, nor to approve or accept any portion of the work, nor to issue instructions contrary to the plans and specifications. He will in no case act as foreman or perform any other duties for the Contractor or interfere with the management of the work. Any advice which the assistant or the Inspector may give the Contractor shall not be construed as binding the City Engineer or the City in any way, nor as releasing the Contractor from fulfillment of the contract, nor as creating any agency relationship between the parties. 7.2.5.10 INSPECTION: The Contractor shall furnish the City Engineer with every reasonable facility for ascertaining whether or not work as per- formed is in accordance with the requirements and intent of the contract. If the City Engineer so requests, the Contractor shall, at any time before the acceptance of the work, remove and/or uncover any portions of the work as may be directed. After examination, the Contractor shall restore such portion of the work to the standards required by the specifications. Should the work thus exposed or examined prove acceptable, the uncovering and/or removing and the placing of the covering or making good of the parts removed shall be paid for as "Extra Work"; should the work so exposed or examined prove unacceptable, the uncovering and/or removing and the replacing of the covering or the making good of the parts removed shall be at the Contractor's expense. i 7.2.5.11 FEDERAL INSPECTION: When the United States Government is to pay a portion of the cost of the work covered by the contract, the work will be subject to the inspection of its representatives. Such inspection will in no sense make the United States Government a party to the contract. 7.2.5.12 REMOVAL OF DEFECTIVE AND UNAUTHORIZED WORK: All work which has been rejected shall be remedied or removed and replaced in an acceptable manner by the Contractor at his expense. Work done beyond the lines and grades as given or as shown on the plans, except as herein provided, or any extra work done without written authority will be considered as unauthorized and at the expense of the Contractor and will not be measured or paid for. Work so done may be removed at the Contractor's expense. Should the Con- tractor fail or refuse to remove and renew any defective work performed previously or to make any necessary repairs within the time indicated in a written notice from the City Engineer, the City Engineer shall be authorized to have the work removed or replaced at the Contractor's expense. Any ex- pense incurred by the City in making these removals, renewals or repairs which the Contractor has failed or refused to make shall be paid out of any payments due or which may become due the Contractor, or may be charged against the contract bond. A continued failure on the part of the Contractor to make any or all necessary repairs promptly and in an acceptable manner shall be suf- ficient cause for the City to declare the contract forfeited, in which case the City, at its option, may take over and use the Contractor's equipment U 29 until the work contracted for is completed, allowing reasonable rental therefor; or the City may purchase material, tools and equipment and em- ploy labor or contract with any other individual firm or corporation to perform the work. All costs and expenses incurred thereby shall be charged against the defaulting Contractor and the amount thereof deducted from any payment due or that may become due him, or shall be charged against the con- tract bond. Any work performed under this provision of the contract shall not release the Contractor in any way from his responsibility for the work performed by him. 7.2.5.13 FINAL INSPECTION: Upon the request of the Contractor for a final inspection of all work done under his contract, the City Engineer shall make such a final inspection of the entire work, and upon satisfactory com- pletion of all necessary repairs or removals, he shall certify to the Mayor in writing as to said completion and shall further certify as to the entire amount of each class of work performed and as to the value thereof. 7.2.6 CONTROL OF MATERIALS 7.2.6.1 SOURCE OF SUPPLY AND QUALITY OF MATERIALS: The source of supply for each of the materials shall be approved by the City Engineer before de- livery is started and, at the option of the City Engineer, may be sampled and tested for determining compliance with the governing specifications before delivery is started. If it is found, after trial, that sources of supply previously approved do not produce uniform and satisfactory products or results, or if the product from any source proves unacceptable at any time, the Contractor shall furnish materials from other approved sources. Only materials conforming to the requirements of these specifications and approved by the City Engineer shall be used in the work. All materials being used are subject to inspection or a test at any time during their preparation or use. Any materials which have been tested and accepted at the source of supply may be subjected to a check test after delivery, and all materials which, when re-tested, do not meet the requirements of the specifications will be rejected. Material which, after approval, has in any way become unfit for use shall not be used in the work. All materials used shall be new except when specifically provided that salvaged material may be used. Approval of materials by the City Engineer shall not relieve the Contractor of liability or duties hereunder if the materials furnished prove to be defective. Preference shall be given by the Contractor to the use of local materials when the cost or quality of such local materials are equivalent to those obtainable elsewhere. 7.2.6.2 SAMPLES AND TESTS: All materials, before being incorporated into the work, shall be subject to inspection, testing and approval by the City Engineer, and any work in which materials are used without a prior test and approval or written permission of the City Engineer may be ordered re- moved and replaced at the Contractor's expense. Sampling and testing of various materials desired by the City Engineer will be made by a competent testing laboratory. Where tests are required, other than those made in the laboratory, for the purpose of control of the manufacture of a construction 30 item, the Contractor will be required to furnish such facilities and equip ® ment as may be necessary to perform the tests and inspection, and shall be responsible for calibration of all test equipment required. When requested, the Contractor shall furnish a complete written statement of the origin, composition and/or manufacture of any or all materials that are to be used ' in the work. The Contractor shall cooperate with the City Engineer to insure that concrete of the desired quality and strength as specified in the specifica- tions is obtained. The Contractor shall give the City Engineer ample and reasonably accurate advance notice of the time of each concrete pour. ! All tests made'by the testing laboratory approved by the City will be paid for by the Contractor. In the event manufacturing certificates are requested, they shall be paid for by the Contractor. Manufacturers' test ' certificates shall be furnished for cement used in the project and for such other materials as may be required in the "Special Provisions" or the speci- fications. . 7.2.6.3 PLANT INSPECTION: If the volume of the work, construction progress and other considerations warrant, the City Engineer may undertake the inspection of the materials at the source. It is understood, however, ! that no obligation is assumed to inspect materials in such manner. 7.2.6.4 STORAGE OF MATERIALS: Materials shall be so stored as to in ' sure the preservation of the quality and fitness for the work. When con- sidered necessary by the City Engineer, they shall be placed on wooden plat- forms or other hard, clean surfaces that are not on the ground. They shall be placed under cover when so directed. Stored materials shall be so located as to facilitate prompt inspection. Cement shall be stored in a suitable weatherproof shelter, with a floor ! a minimum distance of one (1) foot above the ground, which will protect the cement from moisture, deterioration and loss, and placed in such a manner as to permit easy access for proper identification and inspection for each ship ! ment. All aggregates shall be handled and stored in such manner at to prevent separation and contamination by foreign substances. 7.2.6.5 DEFECTIVE MATERIALS: All materials not conforming to the re- quirements of these specifications shall be considered as defective, and all such materials, whether in place or not, shall be rejected and shall be re- moved immediately from the site of the work unless they are permitted to remain by the City Engineer. Rejected materials, the defects of which have been subsequently corrected, shall have the status of new material; however,` such previously rejected material which has been corrected shall not be used until approval has been given by the City Engineer. Upon failure on the part of the Contractor to comply with any order of the City Engineer made under the provisions of this item, the City Engineer will have the authority to 31 to remove and replace defective materials and to deduct the cost of the removal and replacement from any payment due or to become due to the Con- tractor. 7.2.7 LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC 7.2.7.1 LAWS TO BE OBSERVED: The Contractor shall make himself familiar with and comply at all times during the performance of the work with all ap- plicable provisions of the laws of the United States of America, the statutes of the State of Texas, and the Charter, ordinances, codes, regulations and directives of the City of Southlake. The Contractor shall, and does hereby agree to, indemnify, save harmless and defend the City of Southlake, its officers, agents and employees, from and against any liability, claim or cause of action of any nature whatsoever whether real or asserted, arising out of or based upon any violation by the Contractor, his employees, agents, subcontractors or invitees, of any of said laws, statutes, Charter, ordinances, codes, regulations or directives aforesaid. 7.2.7.2 PERMITS AND LICENSES: The Contractor shall secure all permits and licenses, pay all charges and fees, and give all notices necessary and incidental to the due and lawful prosection of the work. 7.2.7.3 PATENTED DEVICES, MATERIALS AND PROCESSES: If the Contractor is required or desires to use any design, device, material or process covered by laws of patent or copyright, he shall provide for such use by suitable agreement with the patentee or owner. The Contractor and surety shall in- demnify and save harmless the City from any and all claims for infringement by reason of the use of any patented design, device, materials or processes, or any trademark or copyright used in connection with the work, and shall indemnify the City against any cost, expenses or damages which it may be obligated to pay by reason of such infringement at any time during the pro- secution or after the completion of the work. 7.2.7.4 FURNISHING RIGHT-OF-WAY: The City will furnish rights-of-way as shown on the plans, and if additional storage room, easements or work area is required by the Contractor, then the Contractor shall provide same at his own expense. 7.2.7.5 SANITARY PROVISIONS: The Contractor shall, at his entire ex- pense, provide and maintain in a neat, sanitary condition such accommodations for the use of his employees as may be necessary to comply with the require- ments and regulations of the State and City Departments of Health or of other authorities having jurisdiction. 7.2.7.6 PUBLIC SAFETY AND CONVENIENCE: The safety of the public and convenience of traffic shall be considered as of prime importance. Unless otherwise shown on the plans or except as herein provided, all portions of the project shall be kept open to traffic. It shall be the entire responsibility of the Contractor to provide for traffic along and across the project, as well as for ingress and egress to private property, all as specified herein, as shown on the plans or as directed by the City Engineer. The Contractor shall plan and 32 and execute his operations in a manner that will cause a minimum of inter ® ference with traffic. If at any time during construction, such plan does not accomplish the intended purpose due to weather or other conditions affecting the safe handling of traffic, the Contractor shall immediately make the necessary changes therein to correct the unsatisfactory conditions. i If due to rains or other reasons, the shoulders, slopes and ditches become unsatisfactory for handling traffic, construction operations shall be suspended and the base course or surface area may be opened to traffic. ' Where the specifications require that traffic be carried over or along the proposed work, construction operations shall be so prosecuted and new mate- rial kept so placed and spread as to allow the passage of traffic in comfort and safety. During construction of proposed structures, unless otherwise shown on ' the plans, the Contractor shall provide and maintain detours, including temporary structures or crossovers of adequate structural design, as may be required for the safety and convenience of the traffic. Unless otherwise provided on the plans, the cost of constructing such temporary detours will not be paid for directly, but shall be an incidental item to the contract. At night or any other time, all equipment not in use shall be stored in such a manner and at such locations so as not to interfere with the safe ' passage of traffic. The Contractor shall provide and maintain flagmen at such points and for such periods of time as may be required to provide for the ' ® safety and convenience of public travel and Contractor's personnel. Except as otherwise provided above or elsewhere in the contract, these provisions for directing traffic, maintenance of detours and subsequent obliteration thereof, flagmen, etc., will not be paid for directly but shall be included in the various bid items of this contract. 7.2.7.7 RAILWAY CROSSINGS: Where the work encroaches upon any right-of- way of any railway, the City will secure the necessary easement for the work. Where railway tracks are to be crossed or lie within the limits of the im- provements, the Contractor shall observe all the regulations and instructions of the railway company as to methods of doing the work or precautions for the safety of property and the public. All arrangements with the railway company as to conduct of the work on railway right-of-way shall be made by the Con- tractor and shall be Contractor's responsibility. The railway company shall be notified by the Contractor not less than five (S) days prior to the time of his intention to begin the work. The Contractor will not be paid direct compensation for such railway crossings, but shall receive only the compen- sation as set out in the proposal. 1 7.2.7.8 BARRICADES AND DANGER, WARNING AND DETOUR SIGNS: The Contractor shall place and maintain in good condition sufficient barricades and warning signs along and at each end of the project, extending sufficient distance therefrom to protect the public, including vehicular and pedestrian traffic, from accident caused by or in any way arising from the existence of the project ,IQ 33 II and the work, including the existence of equipment or materials used in con- nection with-the work. The signs shall be of standard design as shown on the plans, or better. Use by the Contractor of signs of the design and/or location as shown on the plans or in these documents shall not relieve Con- tractor of or from his indemnification of the City and its officers, agents or employees, as set out in these documents. All barricades and signs remaining in place at night and at all points of hazard to traffic shall be illuminated by lights between sunset and sunrise. Signs which refer to construction operations, but which do not apply after work is ended for the day, shall be moved to points that are not visible to the traffic until construction is resumed. The terms "lights" as used herein shall mean flares, flashers or both. The size of flasher lights shall be approved by the City Engineer. The Contractor shall provide special signs not covered by the plans to protect the traveling public against special conditions or hazards. Upon completion of the work, all signs and evidences thereof shall be removed by the Contractor. All materials furnished and work performed under these provisions will not be paid for directly, but shall be considered as subsidiary work per- taining to the various bid items of the contract. The Contractor covenants and agrees to, and does hereby, indemnify, Q save harmless and defend the City of Southlake, its officers, agents and employees, from and against any and all claims or causes of action for damages due to death or injuries to persons or property of any nature whatsoever, whether real or asserted, arising out of or caused by the exist- ence of the project or the prosecution of the work; and, as between these parties, the Contractor assumes all liability and responsibility for in- juries, claims or suits for damages to persons or property, including death, of whatsoever kind or character, whether real or asserted, arising out of or caused by the existence or prosecution of the project or the work. 7.2.7.9 USE OF EXPLOSIVES: When the use of explosives is necessary for the prosecution of the work, the Contractor shall use the utmost care not to endanger life or property. All explosives shall be stored in a secure manner, and storage places shall be clearly marked, "DANGER--EXPLOSIVES." The method of storing and handling explosives and highly inflammable mate- rials shall conform to the recommendations of the manufacturer and to all Federal, State and City laws and regulations. In advance of doing any blasting work involving the use of electric blasting caps within two hundred (200) feet of any railroad track, the Con- tractor shall give at least twenty-four (24) hours advance notice to the nearest roadmaster, section foreman, agent, signal maintainer or telegraph operator with the request that his superintendent be notified immediately of the impending use of explosives. If in the construction of the project, r: 34 blasting work is to be done, using electric blasting caps, the Contractor will be required to furnish warning signs at appropriate places whereby the traveling public or other personnel are advised that no radio trans- mitting is to be done within three hundred (300) feet of the site of the explosives, or the site of the storage of such explosives or blasting caps. ' No direct payment will be made for furnishing and placing these warning signs, and they shall be included in the other bid items of the contract. ' 7.2.7.10 PROTECTION OF ADJOINING PROPERTY: The Contractor shall take proper measures to protect the adjacent or adjoining property which might be injured by any of the process of construction, and in case of any injury or damage resulting from any act or omission on the part of or on behalf of the Contractor, he shall restore, at his own expense, the damaged property to a condition similar or equal to that existing before such injury or damage was done, or he shall make good such injury or damage in an acceptable manner. The Contractor shall not trespass on private property, nor store any material or equipment, nor place debris thereon without the owner's consent, nor damage any fences, buildings, trees or other property. He shall use suitable precautions to prevent damage to pipes, conduits and any other underground structures, and in case it is necessary to disturb land monu- ments or property marks, he shall first notify the City Engineer so that they may be properly referenced. ® 7.2.7.11 RESPONSIBILITY FOR DAMAGE CLAIMS: In addition to and cumu- lative of all other provisions herein for the indemnification of the City by the Contractor, the Contractor shall indemnify, save harmless and defend the City, its agents, officers and employees, from all suits, actions or claims brought on account of injuries or damages sustained by any person or property as a consequence of any neglect in the safeguarding of the work by the Contractor, or from any claims or amounts arising or recovered under the "Workmen's Compensation Laws" or any other laws. He shall be responsible for all damage or injury to property of any character occurring during the prosecution of the work resulting from any act, omission, neglect or mis- conduct on his part in the manner or method of executing the work; or from his failure to properly execute the work; or from defective work or mate- rials. He shall not be released from such responsibility until all claims have been settled or suitable evidence furnished to the City that the Con- tractor has made good faith efforts to settle such claims; and the City may withhold final payment pending receipt of such suitable evidence. . 7.2.7.12 CONTRACTOR'S RESPONSIBILITY FOR WORK: Until the final acceptance of the work by the City Engineer, as evidenced in writing, it shall be under the charge and care of the Contractor. The Contractor shall rebuild and make good at his own expense all injuries or damages 10 1 to the work occurring before its completion and acceptance. In case of suspension of the work for any cause, the Contractor shall be responsible for the preservation of all materials. He shall provide suitable drainage of the roadway and shall erect temporary structures where required. The Contractor shall maintain the roadway in good and passable condition until final acceptance. 35 7.2.7.13 PERSONAL LIABILITY OF PUBLIC OFFICIALS: In carrying out any 4o of the foregoing provisions or in exercising any power or authority granted to him by the contract, the Contractor covenants and agrees that there shall be no liability asserted by the Contractor over and against the Owner, the City Engineer or any of his authorized assistants, either personally or as officials of the City, it being understood that in such matters the City Engineer acts as the representative of the City. 7.2.8 PROSECUTION AND PROGRESS . 7.2.8.1 SUBLETTING OR ASSIGNING OF CONTRACT: The Contractor will not be permitted to assign, sell, transfer or otherwise dispose of the contract or any portion thereof, or his rights, title or interest therein without the approval of the City Council. The Contractor will not be permitted to sublet any portion of the contract without the approval of the City Engineer. No subcontract will in any case relieve the Contractor of his responsibility under the contract and bond. The Contractor shall perform with his own organization and with the assistance of the workmen under his superintendence work of a.value not less than fifty (50) percent of the value of all work embraced in the contract, exclusive of items not commonly found in contracts for similar work or which require highly specialized knowledge, craftsmanship and/or equipment not ordinarily available in organizations of contractors performing work of the character embraced in the contract. The Contractor shall give assurance that the minimum wage for labor and the maximum amounts to be deducted for board, if furnished, as stated in the governing provisions shall apply 10 to labor performed on all work sublet, assigned or otherwise disposed of in any way. A written consent to sublet, assign or otherwise dispose of any portion of the contract shall not be construed to relieve the Contractor of any responsibility for the fulfillment of the contract. 7.2.8.2 PROSECUTION OF WORK: Prior to beginning construction operations, the Contractor shall submit to the City Engineer a chart or brief outlining the manner of the prosecution of the work that he intends to follow in order to complete the contract within the allotted time. The Contractor shall be- gin the work to be performed under the contract within ten (10) days after the date of the authorization to begin work and shall continuously prosecute same with such diligence as will enable him to complete the work within the time limit specified. He shall notify the City Engineer at least twenty-four (24) hours before beginning work at any point. He shall not open up work to the detriment of work already begun. The Contractor shall conduct his opera- tions so as to impose a minimum interference to the traffic. The Contractor shall at all times cooperate with work forces engaged at or near the site, whether they are City forces or employed by other contractors or public utilities, so that the construction of the entire project may be carried on to the earliest practical completion with the least practical in- terference with other contract or utility forces. 0 36 A 7.2.8.3 WORKMEN AND EQUIPMENT: The Contractor shall use local labor 10 if available. The Contractor will be allowed to bring in from outside the City of Southlake his key men and superintendent. All workmen employed by the Contractor shall have such skill and experience as will enable them to properly perform the duties assigned to them. The Contractor shall furnish such suitable machinery, equipment and construction forces as may be neces- sary in the opinion of the City Engineer for the proper prosecution of the work, and failure to do so may cause the City Engineer to withhold all es- timates which have or may become due to the Contractor, or the City Engineer may suspend the work until the requests are complied with. 7.2.8.4 TEMPORARY SUSPENSION OF THE WORK: The City Engineer will have authority to suspend the work, in whole or in part, for such period as he may consider necessary, and the "Time Charge" will be suspended during such period. Notice of such suspension and the reason therefor will be given the Contractor in writing. The Contractor shall not suspend work without written authority from the City Engineer. 7.2.8.5 COMPUTATION OF CONTRACT TIME FOR COMPLETION: The Contractor shall complete work within the number of working days or calendar days stated in the contract. For the purpose of computation, working or calendar days will be considered to begin ten (10) days after the date of the written authorization by the City Engineer to begin the work. The City Engineer will furnish the Contractor upon request with a monthly statement on forms furnished by the City, showing the number of days charged during the month, the total number of days allowed in the contract, and the days remaining in the contract. The Contractor will be allowed ten (10) days in which to protest the correctness of the statement; otherwise, the statement will stand. When adjusting the time for completion, the days on which the work has been suspended by an act or omission of the City, and not by failure of the Con- tractor, shall be allowed to the Contractor and excluded from the computation in making said adjustment, all of which shall be determined by the Engineer and certified thereto in writing. The decision of the Engineer shall be binding and conclusive on both parties to the contract. If the satisfactory completion of the contract shall require unforeseen work or work and mate- rials in greater amounts than those set forth in the contract, then additional working days or suspension of time charge will be allowed the Contractor equal to the time which, in the opinion of the City Engineer, the work as a whole is delayed. 7.2.8.6 FAILURE TO COMPLETE WORK ON TIME: The Owner and the Contractor agree that it will be most difficult or impossible to ascertain the amount of damages that will be sustained by the Owner if the Contractor fails to complete the work in the allotted time, but they both agree that the Owner would sustain substantial damages in such event. Accordingly, if the Contractor fails to complete the contract in the working or calendar days specified, a time charge shall be made for each day thereafter, not as a penalty but as liquidated damages. 'C 37 The time set forth in the proposal for the completion of the work is an essential element, covenant and promise of the contract. For each day under the conditions described in the preceding section that any work shall remain uncompleted after the expiration of the days specified in the con- tract, together with any additional days allowed, the amount per day given in the following schedule will be deducted from the payment due or to become due the Contractor, not as a penalty, but as ascertained and liquidated damages and added expense for engineering supervision: Amount of Contract $ 15,000 or less $ 15,001 to $ 25,000 $ 25,001 to $ 50,000 $ 50,001 to $ 100,000 $ 100,001 to $ 500,000 $ 500,001 to $ 11000,000 $1,000,001 to $ 2,000,000 Over $2,000,000 Liquidated Damages Per Day $ 20.00 $ 30.00 $ 50.00 $ 75.00 $100.00 $150.00 $200.00 $300.00 Should the amount otherwise due the Contractor be less than the amount of such ascertained and liquidated damages, the Contractor and his surety shall be liable to the City for such deficiency. 7.2.8.7 ABANDONMENT OF WORK OR DEFAULT OF CONTRACTOR: If the Contractor fails to begin the work within the time specified; or fails to perform the work with sufficient workmen and equipment; or has insufficient materials to insure the completion of the work within the contract time; or shall perform the work unsuitably; or shall neglect or refuse to remove materials or per- form or renew such work as may have been rejected as being defective or un- suitable; or shall discontinue the prosecution of the work without authority; or from any other cause whatsoever shall not carry on the work in an acceptable manner, the City Engineer may give notice in writing to the Contractor and his surety of such delay, neglect or default, specifying the same. If the Con- tractor shall become insolvent or be declared bankrupt, or shall commit any act of bankruptcy or insolvency, or shall make an unauthorized assignment for the benefit of any creditor; or if the Contractor, within a period of ten (10) days after the date of notice in writing from the City Engineer specifying any delay, neglect or default by the Contractor, as provided above, shall fail to correct such delay, neglect or default to the satis- faction of the City Engineer, then the Owner shall have full power and authority, without violating the contract, to take the prosecution of the work out of the hands of the Contractor and appropriate or use any or all materials and equipment on the ground as may be suitable and acceptable, and to enter into an agreement with any third party for the completion of the contract according to the terms and provisions thereof, or use such othet methods as in his opinion may be required for the completion of the contract in an acceptable manner. All costs and charges incurred by the Owner, together with the cost of completing the work in the contract, shall be deducted from any payment due or which may become due the Contractor. In case the costs so incurred by the Owner shall be less than the amount 38 which would have been payable under the contract if it had been completed by the Contractor, the Contractor will be entitled to the difference. In case such costs exceed the amount which would have been payable under the contract, then the Contractor and his surety shall be liable for and shall pay to the Owner the amount of such excess. 7.2.8.8 WAGE RATES: Not less than the general rate of per diem wages for work of a similar character in the locality in which the work is per- formed shall be paid by the Contractor or any subcontractor under this con- tract. 7.2.8.9 WEEKLY PAYROLL: A certified copy of each payroll covering pay- ment of wages to all persons engaged in work on the project at the site of the project may be required to be furnished to the City Engineer of the City of Southlake within seven days after the close of each payroll period. 1 7.2.9 MEASUREMENT AND PAYMENT 7.2.9.1 MEASUREMENT OF QUANTITIES: All work completed under the con- tract will be measured by the City Engineer according to United States standard measures unless otherwise specified. All longitudinal measurements for surface areas will be made along the actual surface of the roadway and ' not horizontally, and no deduction will be made for structures in the road- way having an area of nine (9) square feet or less. For all transverse measurements for areas of base courses, surface courses and pavements, the dimensions to be used in calculating the pay areas will be the neat dimen- sions and shall not exceed those shown on the plans or as ordered in writing Q by the City Engineer. All materials which are specified for measurement by the cubic yard in vehicles will be hauled in approved vehicles and measured therein at the point of delivery on the roadway. Vehicles for this purpose may be of the type or size satisfactory to the City Engineer provided the body is of such type that the actual contents may be readily and accurately determined. The Inspector may reject all loads not hauled in such approved vehicles. In those items which provide for payment by "Plan Quantity," the measure- ment of such quantity shall represent an accurate calculation, made by the method described in the governing specifications, and may or may not represent the exact quantity of material moved or handled during the execution of the contract. 7.2.9.2 SCOPE OF PAYMENT: The Contractor shall accept the compensation 1 as provided in the contract in full payment for furnishing and paying for all materials, supplies, subcontracts, labor, tools and equipment necessary to complete the work of the contract; for any loss or damage which may arise from the nature of the work, from the action of the elements, or from any unforeseen difficulty which may be encountered in the prosecution of the work, until the final acceptance of the work by the City; for all risks of every description connected with the prosecution of the work; for all expenses and damages which might accrue to the Contractor by reason of delay 10 39 in the initiation and prosecution of the work from any cause whatsoever; for any infringement of patent, trademark or copyright; and for completing the work according to the plans and specifications. The payment of any current or partial estimate shall in no way affect the obligations of the Contractor to repair or remove, at his own expense, the defective parts of the construction or to replace any defective materials used in the con- struction, and to be responsible for all damages due to such defects if such defects or damages are discovered on or before the final inspection and acceptance of the work. No payment payable under the contract or any part thereof, except for the estimate for the first month or period, shall become due and payable, if the City Engineer so determines, until the Contractor shall satisfy the City Engineer that he has fully settled or paid for all materials and equip- ment used in or upon the work, subcontracts and labor done in connection therewith; and the City, if it so determines, may pay any or all such balances wholly or in part and deduct the amount or amounts so paid from any monthly or final estimates, except the first estimate. On assessment paving projects, the property owner may be assessed for the construction of the street improvements. The necessary assessment certificates and ordinances will be prepared and adopted by the City Council. It will be the responsibility of the City to collect any or all assessments from the property owners. The Contractor shall take into consideration that assessment paving projects may require additional time for legal proceedings before the work order can be issued for construction. A work order for the beginning of construction of assessment projects will not be issued until at least fifteen (15) days have elapsed from the date of the adoption of the ordinance levying assessments and closing the benefit hearing. 7.2.9.3 PAYMENT FOR EXTRA WORK: Extra work performed by the Contractor and authorized and approved by the City Engineer will be paid for under "Sup- plemental Agreements" made in the manner hereinafter described, and the com- pensation thus provided shall be accepted by the Contractor as payment in full for all labor, subcontracts, materials, tools, equipment and incidentals, and for all supervision, insurance, bonds and all other expense of whatever nature incurred in the prosecution of the extra work. Payment for extra work will be made under one of the following types of "Supplemental Agreements" to be selected by the City: (1) Method "A". By unit prices agreed upon in writing by the Contractor and City Engineer and approved by the City Council before said extra work is commenced, subject to all other conditions of the contract. (2) Method "B". By a lump sum price agreed upon in writing by the Con- tractor and City Engineer and approved by the City Council before said extra work is commenced, subject to all other conditions of the contract. (3) Method "C". By actual field cost of the work, plus fifteen (15) percent as described hereinbelow, agreed upon in writing by the Contractor 40 and City Engineer and approved by the City Council after said extra work is completed, subject to all other conditions of the contract. In the event extra work is to be performed and paid for under Method "C", the actual field costs of the work will include the cost of all workmen, foremen, timekeepers, mechanics and laborers; all materials, supplies, trucks, equip- ment rental for such time as actually used on such extra work only, plus all power, fuel, lubricants, water and similar operating expenses; and a ratable proportion of premiums on performance and payment bonds, public liability, workmen's compensation and all other insurance required by law or ordinance. The City Engineer will direct the form in which the accounts of actual field ' cost will be kept and will recommend in writing the method of .doing the work and the type and kind of equipment to be used, but such extra work will be performed by the Contractor as an independent contractor and not as an agent or employee of the City. The fifteen (15) percent of the actual field cost to be paid the Con- tractor shall cover and compensate him for profit, overhead, general super- vision and field office expense, and all other elements of cost and expense not embraced within the actual field cost as herein specified. The Contractor shall give the City Engineer access to all accounts, bills and vouchers relating thereto: i 7.2.9.4 FORCE ACCOUNT WORK: Where the extra work is ordered to be per- formed on the "Force Account Basis," payment for same will be made as follows: For all labor and foremen the Contractor will receive the rate of wage, to be agreed upon in writing before beginning such work, for each hour the laborers and foremen are actually engaged in such work, to which shall be added an amount equal to fifteen (15) percent of the sum thereof as force account compensation. No charge will be made by the Contractor for organization or overhead expenses except for the actual cost of premiums on public liability and workmen's compensation insurance, old age benefit (Social Security), unem- ployment insurance, taxes and contractor's bonds. No charge for superinten- 1 dents will be made unless considered necessary and ordered by the City Engineer. The Contractor will receive the actual cost, including freight charges, of the materials used on such work, to which cost will be added a sum equal ' to ten (10) percent thereof as compensation. In case material invoices in- dicate a discount may be taken, the actual cost will be the invoice price minus the discount. i For machinery, trucks, power tools or other similar equipment which may be considered necessary or desirable to use, the City Engineer will allow the Contractor a reasonable rental price, as agreed upon in writing before such work is begun, for each hour the said tools or equipment are in use on the work, which price will in the cost of fuel, lubricants and repairs without any additional compensation percentage being added. 41 The compensation, as herein provided for, shall be received by the Contractor as payment in full for extra work done on the "Force Account Basis" and will include use of small tools, overhead expense, and profit. The Contractor's representative and the Inspector shall compare records of extra work done on the "Force Account Basis" at the end of each day. Copies of these records will be made on suitable forms provided for this purpose by the Inspector , and they will be signed by both the Inspector and the Contractor's representative, one copy being forwarded to the City Engineer and one copy to the Contractor. All claims for "Extra Work" per- formed on the "Force Account Basis" shall be submitted to the City Engineer by the Contractor upon certified statements, to which shall be attached certified copies of invoices covering the cost of, and the freight charges on, all materials used in such work, and such statements shall be filed not later than the tenth day of the month following that in which the work was actually performed. 7.2.9.5 CLAIMS AND DAMAGES: Any claims for extra work or for any other related matter or cause must be made in writing to the City Engineer at the time the cause or claim arises. Unless such claim is so presented before the next estimate, it shall be held that the Contractor has waived the claim, and he shall not be entitled to receive pay therefor. 7.2.9.6 TRANSPORTATION: No allowance or deduction will be made for any charge in freight rates. No allowance for transportation of men, mate- rials or equipment will be allowed. 7.2.9.7 PARTIAL PAYMENTS: On the first of each month after the first month's work has been completed, the Contractor will make current estimates in writing of materials in place complete, the amount of work performed during the preceding month or period, and the value thereof at the unit prices con- tracted for as shown on the proposal. This estimate shall be subject to the approval of the City Engineer. Ninety (90) percent of the amount of the Con- tractor's estimate will be allowed the Contractor within ten (10) days after the regular estimate period, and the balance will be retained by the City until the final estimate is allowed and the work accepted.. The City reserves the right to withhold the payment of any monthly estimate if the Contractor fails to perform the work strictly in accordance with the specifications or provisions of this contract. 7.2.9.8 ACCEPTANCE AND FINAL PAYMENT: The City, upon receipt of the City Engineer's "Certificate of Completion" and "Final Estimate" and upon receipt of satisfactory evidence from the Contractor that all subcontractors and persons furnishing labor or materials have been paid in full and all persons claiming damages to property or persons because of the carrying on of this work have been settled with, or their claims dismissed or the issues joined, shall certify the estimate for final payment after previous payments have been deducted and shall notify the Contractor and his surety of the acceptance of the project. 42 a On projects divided into two or more units, the Contractor may request a final payment on one or more units which have been completed and accepted. .The final acceptance of the completed work will be by the City Council of the City of Southlake, and all guaranties covering the completed work and all maintenance periods shall begin with the date of this acceptance. On delivery of the final payment, the Contractor shall sign a written acceptance of the final estimate as payment in full for the work done. All prior partial estimates and payments shall be subject to correction in the final estimate and payment. 7.3 CONSTRUCTION STANDARDS 7.3-100 CLEARING AND GRUBBING A. Description: This item shall consist of the removal and disposal of trees, stumps, brush, roots, vegetation, logs, rubbish and other objection- able matter and the removal and restoration of fences on and near the work area. B. Fences: All fences interfering with the construction operations ' shall be removed, salvaged, and reconstructed after completion of the work. Reconstructed fences shall be equal in every way, or superior, to the fence removed. C. Clearing: The entire work area shall be cleared of all trees, stumps, brush, logs, and rubbish except such trees and brush as may be designated by the Engineer to be left in place. Trees and brush designated for preservation shall be carefully trimmed as directed and shall be pro- tected from scarring, barking, or other injuries during construction opera- tions. D. Grubbing: On areas required for construction of embankments, all stumps, roots, etc., shall be removed to a depth of at least one (1) foot below the existing ground surface, and in areas of excavation all stumps, roots, etc., shall be removed at least one (1) foot below the bottom of the stabilized subgrade, pavement base, or concrete slab, whichever is greater in depth. E. Cleaning Up: All materials cleared and grubbed shall be disposed of as directed by the Engineer. 7.3-110 STREET EXCAVATION A. Description: This item shall consist of all the required excavation, the removal, proper utilization or disposal of all excavated materials; and the construction of all embankments, and the shaping and finishing of all earthwork in conformity with the lines and grades established by the Engineer as shown on the approved plans. 43 I B. Excavation: All excavation shall be in accordance with the lines, grades, and typical sections as shown on the plans or established by the Engineer. Unless otherwise shown on the plans, or established by the Engineer, street excavation will, be made to the subgrade of the roadway and finished grade of parkways. Where excavation to grades established in the field by the Engineer would terminate in unstable soil, the Engineer may require the Contractor to remove the unstable soil and backfill to the required grade with suitable material compacted, in an approved manner, to a density equivalent to the density re- quired for adjacent material. Where excavation to the grade established in the field by the Engineer terminates in loose or solid rock, the Contractor may be required to extend the depth of excavation six (6) inches and backfill with select material compacted, in an approved manner, to a satisfactory density. Subject to the approval of the Engineer, the select material backfill may be obtained from any point within the right-of-way where suitable backfill material is available. C. Provisions for Drain: If it is necessary in the prosecution of the work to interrupt the natural drainage of the surface, or the flow of artificial drains, the Contractor shall provide temporary drainage facilities that will prevent damage to public or private interests, and shall restore the original drains as soon as the work will permit. The Contractor shall be held liable for all damages which will result from neglect to provide for either natural or artificial drainage which his work may have interrupted. D. Embankment: Embankments shall be constructed in accordance with the lines, grates and typical sections as shown on the plans or established by the Engineer. Prior to construction of embankments the ground surface upon which embank- ments are to be constructed shall be scarified in furrows uniformly spaced so that at least fifty (SO) percent of the surface will be broken to a depth of at least four (4) inches. Embankments shall be constructed of suitable materials and shall be placed in successive horizontal layers of not more than eight (8) inches in depth, loose measurements for the full width of the embankment and in such lengths as designated. Stumps, trees, rubbish, vegetation or other unsuitable materials shall not be placed in embankments. All construction traffic shall be uniformly distributed over the entire surface of each layer of the embankment. Each layer of the embankment and the completed embankment shall be com- pacted to not less than 90% density as per AASHO designation T180. No suc- cessive layer shall be placed until the layer under construction has been completed to the satisfaction of the Engineer. 44 IN After a section of the embankment has been completed it shall be main- tained to grade and cross section by blading when and to the extent required. Embankments placed over and adjacent to pipes, culverts, and other struc- tures shall be of suitable materials, and shall be placed in successive hori- zontal layers of not more than eight (8) inches in depth, loose measurement, and each layer uniformly mixed, pulverized and thoroughly compacted to the satisfaction of the Engineer by the use of rakes, hand tamps, and/or other approved methods. Special care shall be taken to prevent any wedging action against the structure. This method of consolidation and compaction shall be used for such distances along embankment adjacent to structures as may be necessary and in other areas where blading and rolling would be impractical. E. Excess Excavation: Unstable street excavation, stumps, trees, rubbish, unsuitable material and suitable street excavation in excess of that needed for construction shall be disposed of as directed by the Engineer and at a site approved by the Engineer. In general suitable excess street excavation will be used in the construction of parkways, widening of embankments, flattening of slopes, etc., but if necessary to waste any material, it shall be disposed of in such a manner as to present a neat appearance and to not obstruct proper drainage or cause injury to street improvements or to abutting property. F. Compaction (Density) Tests: Before any base material or pavement is placed on the subgrade, compaction or density tests shall be made by an approved independent testing laboratory. The field density test results shall be not less than 90% density as per AASHO designation T180. At least two (2) field density tests will be made on each 1000 square yards of prepared subgrade or fraction thereof. Additional tests may be required at question- able areas. The Contractor will be responsible to furnish all test results, as re- quired, directly to the City's Engineer. The city will select the testing agency for approval, however, payment for all density tests will be made by the Contractor. 7.3-260 LIME STABILIZED BASE OR SUBGRADE A. Description: These requirements shall govern for the furnishing of all plant, labor, an equipment, and of performing all operations in connec- tion with the treating of subgrade by mixing hydrated lime with the subgrade material, complete, in strict accordance with this subsection and approved plans or drawings. B. Materials and Construction methods shall comply with applicable portions o Item 260 and 262 o the Texas Highway Department Specifications with the following specific requirements. (1) Minimum depth of lime stabilization shall be six (6) inches or as otherwise required in this ordinance. (2) Maximum plasticity index of stabilized material shall be 10. (3) Minimum compaction shall be 95% as per AASHO designation T180. 45 C. Test and Field Inspections: Q (1) Test reports shall be submitted indicating full compliance with these specifications. (2) Test results shall be submittted for each 1,000 square yards or less, and additional tests may be required of questionable areas. (3) The Contractor will be responsible to furnish all test results as required directly to the City's Engineer. The city will select the testing agency for approval, but payment for all tests and field inspections pertaining to this item will be made by the Contractor. 7.3-270 CEMENT STABILIZED SUBGRADE A. Description: These requirements shall govern for the furnishing of all plant, labor, and equipment, and of performing all operations in con- nection with the treating of subgrade by mixing portland cement with the sub- grade material, complete, in strict accordance with this subsection, and ap- proved plans or drawings. B. Materials and Construction Methods shall comply with applicable por- tions of Item 270 of the Texas Highway Department Specifications with the following specific requirements. (1) Minimum depth of cement stabilization shall be six (6) inches or as otherwise required in this ordinance. (2) Minimum compressive strength of material after stabilization and compaction shall be 300 psi at 7 days. (3) Minimum compaction shall be 95% as per AASHO designation T180. C. Test and Field Inspections: (1) Test reports shall be submitted indicating full compliance with these specifications. (2) Test results shall be submitted for each 1,000 square yards or less, and additional tests may be required of questionable areas. (3) The Contractor will be responsible to furnish all test results as required directly to the City's Engineer. The city will select the testing agency for approval, but payment for all tests and field inspections pertaining to this item will be made by the Contractor. 7.3-340 HOT 41X ASPHALTIC CONCRETE P"EMT A. Description: This item shall consist of a base course and surface course, composed of mineral aggregate and oil asphalt mixed in a central plant and constructed on a prepared subgrade or subbase in accordance with these specifications and in conformity with the lines and grades and typical cross- sections as shown on the approved drawings. 46 B. Materials: Materials for "Hot Mix Asphaltic Concrete Pavement" ' shall conform to the requirements of Texas Highway Department Specification Item No. 340 with the following supplements: (1) Base course shall be Type "B" as specified in Item 340 of Texas Highway Department Specifications. The asphaltic material shall form from 3.5 to of the mixture by weight. ' (2) Surface course shall be Type "D" as specified in Item 340 of Texas Highway Department Specifications. The asphaltic material shall form from 4 to 8% of the mixture by weight. (3) Coarse aggregate for this item shall consist of crushed stone and/or crushed gravel. If crushed gravel is used, it shall be so crushed that at least ninety (90) percent of the particles shall have more than one crushed 1 face. (4) Materials for Hot Mix Asphaltic Concrete Pavement shall be mixed in accordance with a job mix formula made by an approved commercial testing laboratory. The mix design shall comply with the requirements of this speci- fication. Density shall be 92.0 to 98.0%. Hveem stability shall be not less ' than 35%. Asphalt for tack coat shall be RC-2 cut-back asphalt or emulsified asphalt EA-11M. Asphalt for prime coat shall be MC-30 or emulsified asphalt EA-HVMS. C. Construction Methods: Construction methods shall be in accordance with the requirements o Item 340 of Texas Highway Department Specifications with the following supplements: (1) Prior to placing any Hot Mix Asphaltic Concrete Pavement the subbase or base shall be compacted to the required density and finished in accordance with the pertinent specification. Asphalt for prime coat shall be applied to the surface at a rate of from 0.05 gallon to 0.2 gallon per square yard as directed by the Engineer. Prime coat shall be allowed cure at least 24 hours or longer if directed by the Engineer, before any hot mix asphaltic concrete pavement is placed on the prime coat. A tack coat shall be applied when the surface to be paved is portland cement concrete, brick, or asphalt pavement at a rate not to exceed fifteen- hundredths (0.15) gallon per square yard of surface area. (2) The bituminous mixture shall be delivered on the job at a temperature of not less than 250° F. (3) Field density samples shall be taken by the testing laboratory for density and extraction tests. The density of the completed pavement shall be not less than 92.0% or more than 98.0% of the theoretical density computed from the job mix formula or bin weights used. 47 D. Tests and Inspection: (1) Test results of bin gradations of materials, job mix formulas, Hveem stability, extraction tests, field densities and all other tests re- quired to show full compliance with this specification shall be submitted to the City's Engineer by the testing laboratory. (2) During production of asphaltic concrete for this project, full time inspection shall be provided by an approved commercial testing laboratory at the asphalt plant. Full time field inspection by an approved testing laboratory shall be provided at the construction site during the placing and finishing operations for Hot Mix Asphaltic Concrete Pavement. (3) The Contractor will be responsible to furnish all test results as required directly to the City's Engineer. The city will select the testing agency for approval but payment for all tests and for all inspection pertaining to this item will be made by the Contractor. 7.3-364 CONCRETE PAVEMENT A. Description: This item shall consist of a reinforced portland cement concrete pavement constructed on a prepared subgrade in accordance with these specifications and in conformity with the lines and grades and typical cross sections shown on the approved plans or drawings. B. Materials: Materials for "Reinforced Portland Cement Concrete Pave- ment" shall conform to the requirements of Item 364 of the Texas Highway De- partment Specifications. C. Construction Methods: Construction shall be in accordance with the requirements o Items 364 and 360 of the Texas Highway Department Specifica- tions with the following additions: (1) Prior to placing pavement on a section of street the previously prepared subgrade shall be compacted to at least 9S% density as per AASHO designation T180. (2) Longitudinal and transverse joints shall be constructed in ac- cordance with details as shown on the approved drawings. (3) Concrete pavement shall be cured for at least three days and longer if deemed necessary by the City's Engineer. D. Tests and Field Inspection: (1) Test reports shall be submitted indicating full compliance with these specifications. Test results of at least two (2) test beams shall be made for each 500 square yards or less of pavement placed each day. 48 FJ (2) A testing laboratory will furnish full time field inspection at all times while concrete for reinforced Portland Cement Concrete Pavement is being placed or finished. ' (3) The Contractor will be responsible to furnish all test results as required directly to the City's Engineer. The city will select the testing agency for approval but payment for all tests and for all inspection pertaining to this item will be made by the Contractor. 7.3-464 REINFORCED CONCRETE CULVERT PIPE A. Scope of Work: Work shall include provision of all material, labor, equipment, and incidentals necessary to construct the storm drainage system described on the plans, complete. Work shall include, but is not limited to, all trench and channel excavation and backfill, including compaction; removing and salvaging existing pipe culverts; furnishing, placing and joining new reinforced concrete culvert pipe; constructing box culverts; curb inlets, head- walls, concrete swales, and concrete lined channels, complete. B. Trench Excavation and Backfill: Work shall be in accordance with Texas Highway Department Standards, Item 401. Trenches shall be cut to the ' exact depth required by the profiles and the lower portion of the trench shall be shaped to fit the correct lower one-quarter of the diameter of the culvert being installed. The undercut shall be backfilled with a sandy mate- rial. Width of the trench shall be no greater than the width of the outside diameter of the pipe plus twenty-four inches. Backfill shall be made with select material as follows: (1) Pit-run Sandy Gravel Plasticity Index =.5 maximum Gradation: Sieve Size 2 inch 1 inch 1/2 inch No. 4 No. 100 Percent Retained 0 0 to 10 20 to 50 40 to 80 95 to 100 (2) Field Sand Sieve Size Percent Retained (Square) No. 4 0 No. 16 0 to 20 No. 50 40 to 80 No. 100 60 to 90 No. 200 90 to 100 49 Trench backfill shall be classified into two (2) types: (a) Within the Right-of-Way of Public Streets, (b) Outside of the Right-of-Way of Public Streets. (a) Trench Backfill within the Right-of-Way of Public Streets. 1. Pit-run sandy gravel or field sand of a quality satisfactory to the Engineer, shall be placed in the bottom of the trench preceding the placing of precast concrete pipe. This bedding shall be placed such that it will be slightly above the underside of the pipe after compaction, and to a depth between three (3) and six (6) inches under the concrete pipe. After compaction the bedding shall be fine graded. The thickness of the bedding placed under the pipe shall be reasonably uniform, and shall be compacted by tamping, and with the addition of water where necessary. 2. After concrete pipe has been laid, and joints made, pit-run sandy gravel or field sand as above specified shall be placed under the haunches of the pipe, on the sides of the pipe, and to a height above the pipe such that the material will be at least twelve (12) inches above the top of the pipe after the backfill has been settled. The backfill shall be placed equally on both sides of the pipe in order that the pipe will not be displaced, and if neces- sary the pipe shall be blocked against the sides of the trench to insure that no displacement occurs. The backfill placed under the haunches of the pipe shall be worked into place by hand during the time it is deposited in the trench. After the backfill has been placed adjacent to and over the pipe, then it shall be compacted by jetting with water, with a one (1) inch pipe of sufficient length to reach the bottom of the pipe and sufficient water pressure to insure that the surrounding materials will be quickly and thor- oughly flooded. When the surrounding materials are of such a nature that they do not permit the rapid drainage of the jetting water, the Contractor may be required to provide, at his cost, a sump and pump at the downstream end of the trench to remove the accumulated water. 3. The remainder of the trench shall be backfilled in such a manner (jetting, mechanical tamping, rolling, etc.) as to obtain in all cases a density not less than ninety (90) percent of the modified density as determined in accordance with AASHO T180. After sufficient time has elapsed for the free moisture to be gone from the pit-run sandy gravel or field sand placed as outlined above, the remainder of the trench shall be backfilled with material excavated from the trench, except that no rocks larger than two (2) inches shall be used in the backfill, and material from rock or shale excavation shall not be used. At locations where the excavated mate- rial is from rock or shale formations, or where the material is such that it is not suitable for compaction by the method being used, then the mate- rial shall be disposed of and acceptable substitute backfill material shall be provided and placed as required. a. If jetting is selected as the method of compaction, the procedure outlined below is the minimum acceptable. 50 I r The backfill shall be placed in layers not exceeding four (4) feet in thickness loose, and each layer shall be thoroughly jetted with water after the earth backfill has dried out reasonably well; then the entire backfill, including the pit,-run gravel, or field sand shall be jetted a final time. Jetting operations shall be done with a pipe of sufficient length to reach the bottom of the storm drain pipe, with adequate hose and sufficient pressure to do the work thoroughly and properly; the jetting pipe shall be applied so that the top of the backfill is settled first and then shall pro- ceed further into the material until the bottom of the pipe is reached. The. jetting pipe shall be used on both sides of the storm drain pipe and at in- tervals of not more than five (5) feet along each side. b. If mechanical tamping is selected as the method of com- paction, the procedure outlined below is the minimum acceptable. The backfill material shall be placed in layers not exceeding six (6) inches loose thickness. The moisture content of the material being tamped shall be uniform and near the optimum moisture content for the mate- rial. In case the material being placed does not have the proper moisture, then the material shall be dried out or additional moisture shall be added by satisfactory methods such that the additional water is distributed uni- formly throughout the material being placed. The layers of backfill shall be reduced in thickness when satisfactory compaction cannot be obtained with the equipment being used. C. If rolling is selected as the method of compaction, the procedure outlined below is the minimum acceptable. Rolling equipment shall not be placed in the trench until at least twenty-four (24) inches of material have been placed over the top of the storm drain pipe, at least eighteen (18) inches of which shall conform with these backfill specifications as related to the minimum Proctor Density. The backfill material shall be placed in layers not exceeding eight (8) inches loose thickness. The moisture content in the material being rolled shall be uniform and near the optimum moisture content for the material. In case the material being placed does not have the proper moisture, then the material shall be dried out or additional moisture shall be added by satisfactory methods such that the additional water is distributed uniformly throughout the material being placed. The layers of backfill shall be reduced in thick- ness when satisfactory compaction cannot be obtained with the equipment being used. 4. In the case where the storm drain is located underneath per-. manent pavement the entire trench excavation shall be backfilled with pit- run sandy gravel or field sand. This material may be placed in loose layers not exceeding four (4) feet in thickness and shall be jetted as outlined above. 5. The Contractor will make the expense to determine the density obtained. operations so that representative tests of 0 [J 51 necessary laboratory tests at its The Contractor shall schedule his compaction can be obtained. (b) Trench Backfill Outside of the Right-of-Way of Public Streets. 1. Pit-run sandy gravel or field sand of a quality satisfactory to the Engineer, shall be placed in the bottom of the trench preceding the placing of precast concrete pipe. This bedding shall be placed such that it will be slightly above the underside of the pipe after compaction, and to a depth between three (3) and six (6) inches under the concrete pipe. After compaction the bedding shall be fine graded. The thickness of the bedding placed under the pipe shall be reasonably uniform, and shall be compacted by tamping, and with the addition of water where necessary. 2. After the pipe has been laid and the joints made, pit-run sandy gravel or field sand shall be placed from the bottom of the pipe to a point slightly above the spring line of the pipe such that the material shall be at least as high as the spring line of the pipe after the gravel has been compacted. The gravel shall be placed uniformly on both sides of the pipe in order to prevent disturbance of the pipe and if necessary, blocking, shall be placed against the sides of the trench to prevent dis- placement of the pipe. The gravel shall be worked under the haunches of the pipe during the time the gravel is being placed. 3. The pit-run sandy gravel or field sand shall then be jetted as outlined above. 4. The remainder of the trench shall then be backfilled with excavated material or an approved backfill material. The excavated material from rock or shale cut shall not be used for backfill, and other materials shall be provided by the Contractor in lieu of these materials. The back- fill shall be placed in layers not exceeding five (5) feet in thickness loose, and each layer shall be thoroughly jetted with water. No rock shall be used in the backfill within two (2) feet of the pipe and no rock larger than six (6) inches in diameter in its largest dimension shall be used in any backfill. After the earth backfill has dried out reasonably well, then the entire backfill, including the pit-run gravel, shall be jetted a final time. Jetting shall-be as previously outlined. Surplus trench excavation shall be deposited on the property in the immediate vicinity if requested by the prop- erty owners and/or otherwise disposed of in a manner satisfactory to the Engineer. C. Protection of Existing Utilities: The Contractor shall be responsible for locating and protecting existing utilities falling in the area of trench excavation Protection shall include protecting of piping or cable from physical damage and the relocation or adjusting, at no additional cost. D. Storm Sewers: Storm sewer piping shall meet the requirements of the Texas Highway Department Standards, Items 464, 465 and 473. Pipe shall be reinforced concrete culvert pipe meeting ASTM C76. Connections shall be made in a watertight manner using a cold applied preformed plastic gasket as specified below: 52 The gasket sealing the joint shall be produced from blends of refined ® hydrocarbon resins and plasticizing compounds reinforced with inert mineral filler and shall contain no solvents, irritating fumes, or obnoxious odors. The gasket joint sealer shall not depend on oxidizing, evaporating or chemi- cal action for its adhesive or cohesive strength, and shall be supplied to extruded rope-form of suitable cross section. The size of the plastic gas- ket joint sealer shall be in accordance with the manufacturer's recommendations and sufficient to obtain squeeze out of the gasket material on the inside or outside around the-complete pipe joint circumference. The gasket joint sealer shall be protected by a suitable removable two-piece wrapper. The two-piece wrapper shall be so designed that one-half may be removed longitudinally without disturbing the other half to facilitate application as noted below. The chemical composition of the gasket joint sealing compound as shipped shall meet the following requirements when tested in accordance with the test methods shown. Composition Test Method Bitumen (Petroleum plastic content) 50-70 by weight) ASTM Designation D-4 Ash-Inert Mineral Matter by weight) 30-50 AASHO Designation T-111 Volatile Matter at 325°F. by weight) 2.0 Max. ASTM Designation D-6 The gasket joint sealing compound when immersed for thirty (30) days at ambient room temperature separately in five percent (5%) solution of caustic potash, a mixture of five percent (5%) hydrochloric acid, a five percent (5%) solution of sulfuric acid, and a saturated H2S solution shall show no visible deterioration. The physical properties of the gasket joint sealing compound as shipped shall meet the following requirements: Property Test Method Typical Analysis Specific Gravity at 77oF. ASTM D-71 1.20 1.35 Ductility at 77°F. (cm) Min. ASTM D-113 5.0 Min. Softening Point at 77°F. Min. ASTM D-36 320°F. Min. Penetration 32°F. (300 gms) 60 sec. ASTM D-217 75 Min. 77°F. (150 gms) 5 sec. ASTM D-217 50 120 115°F. (150 gms) 5 sec. ASTM D-217 150 Max. Flashpoint C.O.C. OF. ASTM D-92 600°F. Fire Point C.O.C. OF. ASTM D-92 625°F. Storm sewer piping of corrugated metal pipe shall meet the requirements of THD Item 460. All pipe shall be designed for H-20 of 16 gage metal. 10 J 53 7 E. Manholes, Inlets and Headwalls: Manholes, inlets and headwalls shall comply with THD Items 470 and 471. Structures shall be constructed in accord- ance with the drawings using Class 'A' concrete with a minimum of five sacks concrete. Exposed surfaces shall be finished with a steel trowel to a smooth and even surface. F. Box Culverts: Box culverts and drains shall comply with the applic- able portions of THD Item 420. Structures shall be constructed in accordance with the drawings using Class 'A' concrete with a minimum of five sacks cement. 7.3-522 CONCRETE CURB, GUTTER OR COMBINED CURB AND GUTTER A. Description: This item shall consist of Portland cement concrete curb, gutter, and combined curb and gutter with reinforcing steel constructed in accordance with these specifications and in conformity with lines and grades established by the Engineer, and details shown on the approved plans and draw- ings. B. Materials: Materials used in construction under this item shall comply with the requirements of Item 522 of Texas Highway Department Speci- fications with the following supplements. (1) Coarse aggregate shall be graded from 1-1/2" to 1/4" screen in size. Where curb or curb and gutter adjoin Portland cement concrete pavement concrete with aggregate having the same gradation as that used in the concrete pavement may be used if approved by the Engineer. (2) Maximum slump of concrete shall be 3.0 inches. (3) Concrete for curb or curb and gutter shall have a 28-day com- pressive strength of at least 3,000 pounds per square inch and minimum cement content of 5.0 bags per cubic yard. (4) Sand or sandy gravel for cushion shall be a well graded material approved by the Engineer. The plasticity index shall not exceed six (6). (5) Where the subgrade is stabilized with lime or cement as a part of the street construction the sand cushion shall be omitted and the curb and gutter placed directly on the stabilized subgrade. C. Construction Methods: Construction shall be in accordance with the requirements of Item 522 of Texas Highway Department Specifications with the following supplements: (1) Curbs shall be installed in accordance with the specifications contained herein and the Standard Curb section. Upon approval of the City's Engineer, the alternate residential curb section will be allowed for installations to extend the entire length of any given block. 54 FT I (2) Prior to placing any sand cushion, base or curb and gutter on a section of street the subgrade shall be compacted to at least 95% density as per AASHO designation T180. (3) After fine grading has been completed a sand or sandy gravel cushion of the thickness shown on the accepted drawings shall be spread over the subgrade for curb and gutter, thoroughly wetted and tamped into place to the satisfaction of the Engineer. The forms shall be placed on this base. Satisfactory base material may be substituted for the sand cushion in accordance with details shown on the accepted drawings and upon approval of the Engineer. Expansion joints shall be formed using premolded expansion joint material of an approved type. Expansion joints shall be placed in the curb and gutter, t at thirty-six (36) foot intervals or as otherwise specified by the Engineer, and "flagging", normally, at six (6) foot intervals. Expansion joints shall also be placed at all intersections with concrete driveways, curbs, buildings, and other curbs and gutters. All expansion joints shall be one-half (1/2) inch in thickness and shall extend the full depth of the concrete. Any expansion material extending above the finished work shall be neatly trimmed to the sur- face of the finished work. The expansion joints in concrete pavement will coincide with the expansion joints in the curb and gutter. Longitudinal dowels, across the expansion joints in the curb and gutter, will be required. There will be three (3) No. 3 round, smooth bars for dowels at each expansion joint spaced in accordance with standard reinforcement steel. The dowel will be a minimum of twenty-four (24) inches. One end of the dowel will be coated rr► with asphalt and terminated with an expansion cap. The cap will provide a minimum of one (1) inch free expansion. Dowels will be supported by an ap- proved method to provide a true horizontal and longitudinal alignment. In the event concrete pavement is to be placed in the street, the one- half (1/2) inch expansion joints in the curb, gutter, and/or combined curb and gutter shall be in strict alignment with the contraction (dummy) joints 3 in the pavement. Expansion joints of the size of those in the pavement shall be placed through the curb and gutter at the point of, and in strict align- ment with, expansion joints in the pavement. All joints through the gutters shall be sealed with asphalt, or other suitable sealing compounds. All joints shall be constructed in a neat and workmanlike manner, with edges rounded, in conformity with the plans and specifications, and at loca- tions as shown on the plans or as designated by the Engineer. D. Tests: 1 1, (1) Test reports shall be submitted by an approved commercial testing laboratory indicating full compliance with these specifications. At least one (1) compression test specimen shall be made and tested for each 500 linear feet or less of curb or curb and gutter constructed. Additional tests may be re- quired in questionable areas. 55 1I (2) The Contractor will be responsible to furnish all test results as required directly to the City's Engineer. The city will select the testing agency for approval but payment for all tests pertaining to this item will be made by the Contractor. 7.3-524 CONCRETE SIDEWALKS AND DRIVEWAYS A. Description: This item shall consist of Portland cement concrete sidewalks an riveways, with or without reinforcing steel constructed in accordance with these specifications and in conformity with lines and grades established by the Engineer, and details shown on the approved plans and drawings. B. Materials: Materials shall comply with the requirements of Item 524 of the Texas Highway Department Specifications with the following supple- ments: (1) Coarse aggregate shall be graded from 1-1/2" to 1/4" screen in size. Any variation from this gradation must be approved by the Engineer prior to its use in the concrete. (2) Maximum slump of concrete shall be 3.0 inches. (3) Concrete for sidewalks and driveways shall have a 28-day com- pressive strength of at least 3,000 pounds per square inch and a minimum cement content of 5.0 bags per cubic yard. (4) Sand or sandy gravel for cushion shall be well graded material approved by the Engineer. The plasticity index shall not exceed six (6). C. Construction Methods: Construction shall be in accordance with the requirements of Item 524 o the Texas Highway Department Specifications with the following supplements: (1) Prior to placing any sand cushion sidewalk or driveways, the subgrade shall be compacted to at least 90% density as per AASHO designation T180. (2) After fine grading has been completed, a sand or gravel cushion of the thickness shown on the drawings shall be spread over the subgrade for sidewalks and/or driveways, thoroughly wetted and tamped into place to the satisfaction of the Engineer. The forms shall be placed on this base. D. Tests: i (1) Test reports and/or laboratory certifications shall be submitted indicating full compliance with the specifications. (2) The Contractor will be responsible to furnish all test results and/or laboratory certifications as required, directly to the City's Engineer. The city will select the testing agency for approval but payment for all tests j, pertaining to this item will be made by the Contractor. 56 SECTION 8 - RECOMMENDED COST PARTICIPATION POLICIES FOR THE CITY OF SOUTHLAKE 8.1 GENERAL PROVISIONS 8.1.1 DEFINITIONS: The following words and phrases when used in this ordinance for the purpose of this ordinance have the meanings respectively ascribed to them in this section, unless a different meaning is plainly re- quired by the context. 8.1a STORM DRAINAGE DEFINITIONS: a. Residential Development: This designation shall apply to all re- sidential subdivisions in which houses are not constructed on at least 51 percent of the lots off record within the area defined as requiring com- munity facilities. b. Commercial Development: This designation shall apply to all prop- erties, other than residentially zoned properties, which require extensions of community facilities due to new construction or expansion of existing im- provements of the property. C. Built-up Area: This designation shall apply to defined areas in which at least 51 percent of the lots of record already have existing im- provements and in which a community facility is required for the benefit of the areas as a whole. ® d. Runoff: This is defined as the estimated water flow resulting from a design rainfall as determined from standard criteria established by the City Engineer. 8.1b STREET DEFINITIONS: a. Developed or Built-up Areas: (1) New Street Construction - Paving of a street that has not previously been paved, or which has been surfaced, but which is not on city grade. (2) Street Reconstruction - Widening and/or reconstruction of an existing street which has an existing surface on city grade. (3) Residential Property - Property zoned for low density resi- dential, but not to include non-conforming apartment, commercial and in- dustrial uses in residential zones. (4) Nonprofit Property - Property such as churches, schools, etc., which are carried as exempt on city tax rolls. (5) Apartment Property - Property zoned or used as apartments, but not to include non-conforming commercial and industrial uses in apart- ment zones. to 1 57 M 1 (6) Commercial Property - Any property of zonings not included in the definition of residential, nonprofit, or apartment property. Side Lot - Residential property abutting two streets at their intersection, with the longer street frontage being the side of the lot. (8) Back Lot - Residential lot abutting two streets, but facing on the street not being improved. (9) Irregularly Shaped Lot - A lot, either residential or commer- cial, which has an irregular shape, such as triangular, etc. (10) Owner-Occupied Residence - A building used as the actual re- sidence of the owner, with the only commercial enterprise being rental of one part of a duplex or one room of the building for residential purposes. (11) Non-conforming Use - A use of property permitted in a particular zoning only because such use was being made of the property at the time of zoning. (12) Residential Street - Any street other than commercial, arterial or major thoroughfare designed primarily to serve residential property and normally thirty feet in width. (13) Thoroughfare Street - Any street designed to carry greater traffic volumes than a residential street and normally forty feet or greater in width. b. New Development: (1) Street - Property dedicated for the public's use for vehicular and/or pedestrian traffic. (2) Residential Development - Any platted residentially zoned prop- erty of residential use (single family or duplex) along a street where the greater portion of the property footage between two intersecting streets is owned by the individual or firm developing all or any part of the lots; or any new residential platting. (3) Apartment Development - Any platted apartment zoned property along a street where the greater portion of the property footage between two intersecting streets is owned by the individual or firm developing all or any part of the lots, or any new apartment platting, where the zoning or use is other than single family or duplex. (4) Commercial Development - Any development, other than residential nonprofit or apartment where the greater portion of the property footage along one side of the street between two intersecting streets is included in the development. 58 (5) Border Street - A street one side of which is abutted by the Q development and with the property on the other side of the street under other ownership. (6) Built-up Property - Property in which buildings have been constructed on 51 percent of the lots of record within a given area and which is under multiple ownership. Residential and Thoroughfare Streets - Same as definition in Section 8.1b a. (12) and 8.1b a. (13). 8.1c PROCEDURE: The procedure to be followed in obtaining an agreement for the installation of community facilities shall be as specified below: a. Agreement for the Installation of Community Facilities Required: An agreement for the installation of community facilities is required whenever any new construction is planned and the developing individual or firm owns the greater portion of the property frontage on at least one side of the street between two intersecting streets or owns any adjacent, sizeable, tract of land which may, at some future date, become subject to development of any type. Any new construction requiring the extension of water, sewer, and/or storm drainage mains, except construction of a one or two family residence, requires a community facilities contract. b. Requests for Preparation of Contracts: Requests for the preparation of proposed agreement should be made by letter to the city together with four copies of a plat clearly designating the proposed area to be developed. The letter should contain any specific or unusual requests of the developer. The city shall prepare the agreements and submit copies to the developer and City Council. C. Approval of Agreement: After the agreement has been signed by the developer and returned to the city, it shall be submitted to the City Council for review. Any special provisions or deviations from established policies included in the agreement shall specifically be brought to the attention of the City Council. 8.1d OWNERSHIP AND MAINTENANCE: All community facilities installed in connection with any evelopment project shall be and shall remain the property of the city, and after acceptance by the city, and termination of one year maintenance bond, shall be operated by the city. 1 I to 1 59 8.le PERFORMANCE BONDS OR CASH DEPOSIT: Performance bonds, or a cash 10 deposit in lieu of the performance bonds are required for streets, storm drains, water and sewer facilities and must be submitted with an execution construction contract for installation of community facilities by the developer. The bonds should be standard performance bonds as provided by licensed surety company on forms provided by that surety company. The bonds or deposit should be in the following amount: a. 100 percent of the total storm drain cost; b. 100 percent of the total street improvement cost; C. 100 percent of the total water and sewer facilities cost; d. In all three cases specified above, such amounts will include anticipated construction cost. 8.1f ENGINEERING AND INSPECTION: The developer shall prepare or have prepared by an approved professional engineering firm, final and complete plans at his own expense. Such plans shall be prepared in accordance with established city design criteria, rules, and regulations and shall be approved by the City Engineer prior to award of any bids by the developer. An inspection and supervision fee of four percent (40) of the total anticipated construction cost is charged by the city, such amount being deposited with the city prior to the execution of the developer's agreement by the City Council. The developer or his contractor will be responsible for the layout of the work. 8.lg AWARD OF BIDS WHEN PUBLIC FUNDS INVOLVED: Whenever any city financial participation is involved in any development projects, the developer will properly and publicly advertise and receive a minimum of three competitive bids for con- struction projects and a city employee will attend such bid opening and receive copies of all such bids and bid tabulations. In the case of border streets being improved on the assessment basis, the city will award the contract. 8.1h TIME LIMITS OF CONTRACT: The life-of all developer's agreement shall be five years. a. Any off-site facility reimbursements will not be made for facilities not installed in that period of time. b. Any of the facilities or reimbursements to be performed by the developer not completed in that period of time may be completed by the city at the developer's expense. At the option of the City Council opinion, the installation of such facilities are critical to the growth of the city. 60 F11 L] IL 1 C. No refunds due the developer will be made by the city until all provisions of the contract are fulfilled by the developer. 8.1i TRANSFER OR ASSIGNMENT OF AGREEMENT: This agreement, any part thereof, or any interest herein shall not be assigned by developer without written consent of the city. 8.lj PARTIAL TRACT DEVELOPMENT: Partial development will be permitted if an analysis of a general development plan required by the Subdivision Rules and Regulations reveals that partial development and assurances of only partial installation of water, sewer, street, and storm drainage facilities will not be detrimental to the city. In the event an individual or firm considered a developer under the terms of this ordinance, sells or transfers ownership on property properly platted and filed with the County Courthouse at the effective date of this policy, the new owner shall establish proper assurances of the pro rata share of the cost of installing necessary community facilities prior to awarding a building permit on that property. 8.2 POLICY FOR STORM DRAINAGE INSTALLATIONS 8.2a PRELIMINARY DRAINAGE STUDY: In all developments, the developer may be required to prove e, at his expense, a preliminary drainage study of the area to be developed. This study shall be submitted prior to approval of the subdivision by the Planning and Zoning Commission, or any time thereafter, as requested by the City Engineer. The drainage study shall be prepared by a professional engineer registered in the State of Texas and experienced in municipal drainage work who is approved by the City Engineer. The study shall include a contour map of the area, a drainage map showing the contributing drainage areas, and/or water shed if a facility is recommended, design cal- culations showing a preliminary sizing of the drainage facilities. This study will be used for information purposes and will not be binding upon the City Engineer in determining the required drainage facilities. 8.2b RESIDENTIAL "BUILT-UP AREAS": The city shall bear the cost of drainage facilities in residential "built-up areas" where the drainage condi- tions, overall development, or improvement projects (New Street Paving) justify the installation of drainage facilities. Such financing of drainage facilities in these areas shall be limited to the availability of city funds and subject to the following exceptions: a. Segment of storm drain systems, required to serve new construction or serve solely the conveniences of an individual property owner, shall be installed on the basis of the owner furnishing the necessary pipe and the city making installation with city forces. This arrangement shall be limited to the availability of city owned equipment. 10 61 I b. Drainage facilities for assessment paving projects shall be at city expense, except portions of systems which extend out of the street right-of-way into new developments shall be financed in accordance with the following paragraph 8.2c. 8.2c COMMERCIAL AND INDUSTRIAL PROPERTIES OR NEW RESIDENTIAL DEVELOPMENTS: The developer shall be responsible for all drainage improvements in his sub- division. This includes inlets, storm sewers, etc. The same policy also applies to bridges and culverts crossing the street in the subdivision. a. The developer shall dedicate at his expense a right-of-way of sufficient width to construct and maintain the drainage system as installed. b. The developer, at his expense, shall install a drainage system in accordance with the plans prepared by a licensed Civil Engineer and approved by the City of Southlake, with the developer paying 100% of all construction costs. C. The street crossing (bridges and culverts) will be constructed with the developer paying 100% of the construction cost. d. Any additional storm drain pipe, inlets, manholes, etc., needed to provide for a complete drainage system will be provided for by the developer. Plans will be accomplished by a licensed Civil Engineer. e. No storm sewer will be required if streets will handle a 5-year 10 flood running full to top of an 8" curb. This 5-year flood data will be calculated by Storm Drainage Criteria for the City of Southlake, Texas. Where calculations show that water will run in streets above the top of the curbs on a S-year frequency, all excess water shall be carried off by use of adequate storm drainage structures or ditches. f. Where route of drainage falls within a street right-of-way, storm drainage will be carried in a pipe of adequate size. Necessary appurtenant structures will also be required, such as inlets and headwalls. g. Where drainage route does not occur in a street, drainage will be carried off as follows: (1) Completely enclosed pipe (up to and including 48" size) based on Criteria Calculations, or (2) Concrete lined trench, up to and including the equivalent hydraulic capacity of an 84-inch diameter pipe, or (3) If hydraulic capacities are greater than an 84-inch diameter pipe, unlined ditches may be constructed. These ditches will have at least one 10-foot easement on one side for maintenance. These ditches will have a maximum side slope of five (5) horizontal to one (1) foot vertical. Pipe or lined ditches may be used instead of open ditches if desired by the developer for ditches of sizes above the 84-inch pipe equivalent. 62 8.2d COMMERCIAL AND INDUSTRIAL PROPERTY: The developer will pay 100% of ® the total construction, engineering, inspection costs of all drainage improve- ments required for commercial and industrial property, regardless of location or required size. 8.2e ENGINEERING AND SUPERVISION: a. All storm drain installations shall be in accordance with design criteria adopted by the City. b. Plans shall be prepared by a licensed Civil Engineer using design criteria established by the City. C. In all developments, the developer will be required to provide, at his expense, a preliminary drainage study of the area to be developed. This study shall be submitted prior to approval of the subdivision by the City Planning and Zoning Commission, or any time thereafter, as requested by the City of Southlake, Texas. The drainage study shall be prepared by a professional engineer registered in the State of Texas, and experienced in municipal drainage work and will be approved by the City of Southlake, Texas. The study shall include a contour map of the area, a drainage map showing the contributing drainage areas, and if a facility is recommended, design calcu- lations showing a preliminary sizing of the drainage facilities. This study will be used for information purposes and will not be binding upon the City of Southlake, Texas, in determining the required drainage facilities. d. Installation of storm drain facilities will be accomplished by the developer. e. Inspection of construction will be made by an Engineer designated by the City. This inspection will not include layout of work or measurement for pay purposes. f. Determination of storm drain facilities necessary and construction requirements shall be the responsibility of the City. Where there is a question as to the justification or size of facilities required, doubt will be resolved in favor of additional drainage capacity. 8.2f OWNERSHIP AND MAINTENANCE: All storm drains installed and accepted in connection with any development project shall be and shall remain the prop- erty of the City of Southlake, Texas. 8.3 POLICY FOR STREET INSTALLATIONS Standard residential pavement, including concrete valleys and subdrains ' as required, shall be constructed on the street in accordance with standard design specifications. Pavement suitable for thoroughfares shall be constructed on such streets as deemed necessary by the City Engineer due to anticipated traffic. to 63 The Contractor shall secure the proper permits from the City before any work is commenced. The paving contractor shall furnish to the city, before beginning the paving operations, a maintenance bond to cover the paving for a one year period after acceptance of the paving by the city. 8.3a STREET CONSTRUCTION IN BUILT-UP PROPERTY AREAS a. New Residential Street Construction: The assessment for each abutting front foot of property shall be based on the following estimates of cost for residential streets (30' width) including engineering and administration: Percent of Street Cost per Construction Cost Linear Foot Excavation 15% $ 4.27 Curb and Gutter 23% 6.56 Paving 62% 17.67 Total Cost 100% $28.50 (1) The assessment for each abutting front foot of privately owned residential property shall be based on a one-third cost sharing basis by the property owner on each side of the street. Based on the above estimates of cost, the residential assessment shall amount to $9.50 per linear foot. (2) The assessment for each abutting front foot of non-profit property shall be $9.50 per linear front foot, as established above for privately owned residential property. (3) The assessment for each abutting front foot of apartment property shall be actual cost, this figure being based on a one-half cost sharing basis by the property owner on each side of the street. (4) The assessment for each abutting front foot of privately owned commercial property shall be actual cost, this figure being based on a one- half cost sharing basis by the property owner on each side of the street. (5) When residential or non-profit property shall constitute a "side lot" with relation to the section of the street being improved, assess- ments will be applied at two-thirds of the normal rate from the front of the property to the rear. (6) The maximum rate per property foot which will be assessed against residential and non-profit property which abuts the street being improved at the back of the lot shall be one-half the residential rate. If the property is of such a size that it can be replatted to form a lot or lots that will front on the street being improved, this consideration shall not apply unless the improvements are located on the lot in such a way as to make replatting impossible. X 64 The assessment against irregularly shaped lots except side and back lots shall be determined as follows: (a) Depth: (lots with average depth of less than 100 feet.) The rate to be assessed on such lots, regardless of zoning, shall be adjusted by the formula: Adjusted Rate = Average Depth X Normal Rate ■ 100 (b) Slant: (Lots fronting at slant.) The footage to be assessed on such lots, regardless of zoning, shall be the perpendicular dis- tance between the two sides of the lot, but shall never be less than one-half of the actual frontage on the street. (c) Converging: (Lots growing more narrow toward the rear of the lot.) The footage to be assessed on such lots, regardless of zoning, shall be the effective lot width which is the distance between the sides of the lots measured at points 50 feet from the front of the lot. If the total depth of the lot is less than 100 feet, the effective lot width shall be measured across the lot at a point midway between the front and rear. b. New Commercial and Thoroughfare Street Construction (1) The assessment for each abutting front foot of privately owned ' residential and non-profit property shall, in all circumstances, be the same as that specified in Section 8.3a a. above for residential street construction. ® (2) The assessment for each abutting front foot of privately owned commercial property shall be computed as follows: (a) Actual bid price for curb and gutter surface. (b) Actual bid price for pavement, including both base and (c) Actual bid price for excavation, if not included in bid prices for curb and gutter and pavement, for the thickness of curb and gutter and pavement. (d) An additional figure will be added to the cost specified in items (a), (b) and (c) immediately above to include all engineering costs in the assessment rate. (3) The assessment for each abutting front foot of privately owned apartment property shall be computed as shown in Section 8.3a b. (2) above. (4) In the case of privately owned commercial and apartment lots, "side lot" and "back lot" credits will not apply and the normal commercial and apartment assessment rates will be applied. ~ O 1 65 ~i ~ (5) The assessment against irregularly shaped lots shall be determined as specified in Section 8.3a a. (6) above. C. Street Assessment - General (1) Property of zonings other than residential, but containing an owner-occupied residence, shall be assessed at a rate equal to the residential rate, plus one-half the difference in the residential rate and commercial or apartment rate. (2) Property of residential zoning, but containing anon-conforming usage other than residential, shall be assessed as commercial property. (3) Individual consideration shall be given to property which does not have access to all or any part of the street being improved, with such cases to be referred to the City Council for any special action that seems justified regarding deviation from standard policies. (4) In those cases where the property owner has, in the past, paid for excavation, curb and gutter, or paving, credits will be given in accord- ance with the following: (a) The current value of the property owner share of the replacement cost of curb and gutter; (b) The current remaining value of the property owners share 40 of existing paving, such value to be determined by reducing the replacement cost of such flexible paving by 4.25% of such replacement cost for each year said paving shall have been in existence. (5) Property owners shall pay the entire increased cost on streets paved with a greater width than required by the city. (6) Widening for traffic channelization purposes beyond the normal roadway width on the entire project shall not be assessed. d. Priorities for Street Assessment Projects: Street improvement pro- jects will be undertaken only by direct City Council order; however, the priority of street improvement projects on the assessment basis is established with those projects meeting the criteria as specified in the highest priorities being worked as street assessment projects prior to those falling in the lower priorities as established. (1) The need and importance of any given street project to the overall growth and development of the city as recommended by the Planning and Zoning Commission and established by the City Council; (2) The obligation of the city to meet past commitments for improving streets on the assessment basis as established herein and as evidenced by the passage of past street assessment ordinances for which improvements have not been installed; EO 66 (3) A properly executed petition signed by property owners repre- senting a minimum of 50 percent of the front footage in a given unit, con- sisting of a minimum of one city block; (4) A properly executed petition signed by property owners repre- senting a minimum of 33 percent of the front footage in a given unit and representing a minimum of 50 percent of the owner occupied properties in a given unit, consisting of a minimum of one city block. (5) The date petitions are officially filed at City Hall will be considered in establishing the order of street assessment projects within a given priority as specified in Items (3) and (4) immediately above. e. Methods of Payment for Assessment Work: Paving assessments are billed and collected by the City as a separate operation. Paving assessments are not due until the street is paved and accepted by the City Council. Three optional methods of payment are available: (1) The total amount may be paid in a lump sum cash payment, without interest, if payment is made within 30 days of acceptance of the project by the City Council. (2) The assessment may be divided into five (5) equal annual payments over a four-year period, with the first payment due within 30 days of acceptance by the City Council, at the highest legal interest rate at the time of the assess- ment. The property owner will be asked to execute a mechanics lien in favor of the city in this regard. 8.3b STREET CONSTRUCTION FOR DEVELOPERS a. Border Streets: Border streets may be improved by the developer as provided above, or may be improved on the assessment basis as required by the City Council or at the request of the developer. If a border street is improved on the assessment basis, the standard residential credits will not be allowed the property in the development, nor will they be given to the property on the opposite side of the street unless it is built-up and under multiple ownership. The developer shall be required to pay to the city, prior to the benefit hearing on such paving, the amount of the assessment against the area which is included in the developer's contract. If the border street is paved to coincide with the developer's en- tire ownership and exceeds the limits of the area currently included in the developer's contract, the developer shall be permitted to pay the assessment against the area not included in the developer's contract over a four-year period at the highest legal interest rate at the time of the assessment. When such property is included in subsequent developer's contracts, the de- veloper shall then pay to the city the total outstanding balance of the assess- ment against such property or any portion thereof, at the time the developer signs the developer's contract for such property or any portion thereof. i~ 67 If it is determined by the City Council that the border street need not 40 be improved at the time of development, the developer will be required to pay his assessment amount either by direct payment to the City when first phase development is begun or by placing funds in escrow payable to the City, his assessment amount calculated at the estimated current construction cost of the improvement. If the City has not begun construction of the street within five (5) years of initiation of the development the full escrow amount including the accrued interest will be returned. b. Streets Within a Development: The developer will pay the entire cost of streets within a given development or on his ownership. 8.4 POLICY FOR SIDEWALK INSTALLATION 8.4a In general, sidewalks shall be required on all streets and shall be constructed at the same time as the street construction. The only allowed variances from this policy shall be in conformance with Section 9 (c) govern- ing variances. 8.4b All costs for sidewalk installation shall be borne by the developer or property owner in the case of assessment paving of a street. If a street is constructed prior to the development of adjacent properties, the City Council may at its discretion defer sidewalk construction until the property develops at which time the developer will cause to have the sidewalk installed as a part of his development. SECTION 9 - VARIANCES AND MODIFICATIONS TO STANDARDS The City Council may, at its discretion, allow the following variances and modifications to these published standards as follows: a. In certain low-density developments where a rural type development is proposed, the standard residential street section may be modified to omit the concrete curb and gutter requirements to allow for county road type con- struction utilizing raodside ditches for drainage. This type construction will require 60 feet of right-of-way. Flush concrete header curbs will be required to replace the standard curb and gutter section. The pavement thickness section and effective roadway paving width shall remain the same. b. Pavement thickness standards may be modified where a design analysis made by a registered professional engineer and recommended by the City Engineer indicates that road materials found on the site can be utilized and still pro- duce a pavement section equal to or better than standards established in Sec- tion 4.8 of this ordinance. C. Variances to City policy concerning the requirement of sidewalk installation in all developments may be granted by the City Council when one or more of the following conditions are present: 0 68 I (1) Residential developments containing a net dwelling unit density C) of one dwelling unit or less per net residential acre (exclusive of streets and community facilities), except for those developments abutting a Major or Secondary Thoroughfare street (as shown in the City's Comprehensive Plan). (2) Cul-de-sac streets serving single family detached dwellings in which the length of said street does not exceed one hundred (100) feet in length. (3) Other certain types of low density developments where the dwelling unit density served by said street (except for Major and Secondary Thoroughfare Streets) is sufficiently low to where the installation of sidewalks would not materially aid in safeguarding pedestrian circulation from vehicular circula- tion. (4) Certain types of Commercial or Industrial developments located adjacent to State or federal numbered highways where primary access to the site is dependent upon motor vehicles rather than pedestrians, and where such land use is not adjacent to a pedestrian school route. (S) Certain types of Commercial or Industrial developments such as wholesaling, warehousing or storage or other non-pedestrian oriented access, when within a planned development district. Sao .1 69 Is a SECTION 10 - STANDARD CONSTRUCTION DETAILS 1. See Section 4.8 for Pavement Thickness Standards. 70 r LL. z o < _ O. X O W J N W • W co w W O W U t O CIO cn i Ckc CC CC O. . V O Q V Z O i O C W cc 0 44 .9 C.> M a U- 4w O Q < CC ~ U _ CG y N W U - - ~ d N ~ f N ' W Q G7 C] 0 . N f ~ CC W U N U J 3 J m < m • F- CC ix ' Y ~ ~ d • g o 39 p • J p CC < •s o - 'o Cc - so • . M N W 3 3 0 oe oe U L \ i W CA. O ..1 GO Z o. 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N OC a 3 • c p o c N • O O bC of c31 t0 i ~ N W 1 a - 0 C H - J W d %.e Wh Nm` > CO ` Q ~I I-- 0 a W Z ~ t a q II N Z ~ 0 S q H U 11 W W ~ J W cn • H N 1 Z Q- L Ny Z CL- ~ • Q N • Y 9~r W 1 . m , ZP ~ • Q N m O' . . ~ 0 -i z , Q W h- W aC V Z V A 0 0 U E FIG. 3m Note Provide Expansion Join/ On/y If connecting to Existing Concrete Drive. -R0 W L,ne Standard S,dewo/k v\v'- A -0"for Single Dw /B 0 for Double Dwy J /0"- 0 Min single w'V 17 0 " M,n Double Dwy ~ ~0 /3'-0" Min Single Dwy ?0'- 0 Min Double Dwy 1 ~ La Stondord Curb and Gutter Erp joint " I 00'- 6 Min Single Dwy I E.p Joint 27 6 Min Double Dwy PL AN VIEW Parkway W,d/A ,A . B /9 4 Sidewo/k I L oydown S,dewo/k S"ope 0t V4 per Foot to Face of curb Curb ~ 314 "Rise of Edge of Gutter o.. caO v p, d 2 Sand Curb O C . O F Stob,/lttd Subgrodt \-R O w Line ,SECT10N A -A Porkwoy Width /0' 11,112, /3, 14' , 1,10 4, /0' 15; /6;/i , /9, /9' 3'to7' 20', 2l ; 22' S'to77 15 CITY OF SOUTHLAKE, TEXAS See Standard Curb Section SIDEWALK SECTION THRU DRIVEWAY TO BE POURED SAME THICKNESS AS DRIVEWAY APPROACH AND PAID FOR AS DRIVEWAY APPROACH. ALL SIDEWALKS SHALL BE 4" IN THICKNESS AND SHALL BE REINFORCED WITH 0 X B NO.10 BABE WIRE MESH OR EQUIVALENT. ALL DRIVEWAYS SHALL BE REINFORCED WITH 6 X 6 NO.6 CAGE WIRE MESH OR EQUIVALENT. FIG. 4 LAYDOWN CURB AND DRIVEWAY PLAN I" ON RESIDENTIAL STREETS #3 RS 24" C-C 1/2" ON MAJOR STREETS STABILIZED SUBGRADE OR 2" SAND CUSHION CROSSING RESIDENTIAL STREETS 101-0" CROSSING MAJOR STREETS SECTION NOTE: CURB, GUTTER AND CONCRETE VALLEY TO BE CONSTRUCTED MONOLITHICLY. CONSTRUCTION STANDARDS FOR CONCRETE CURB AND GUTTER SHALL GOVERN. CITY OF SOUTHLAKE, TEXAS TRANSITION SECTION FOR VALLEYS CROSSING MAJOR STREETS DISTANCE q CROWN . DIP FROM Of 0.000 51 0.041 10' 0.083 20' 0.208 30' 0.333 40' 0.458 50' 0.500 CONCRETE VALLEY GUTTER 10 1 i 40 f R 1 5 9;, 6 i rpW Z j, a s \ Jb ~~esR - ~ . ~ tti ti ti ~!~~t-i 0 r LPL :~1i~ i 5 lilts w 5 ull J W II :I a x I b~ i f~ S, 1 ~ = r R ~ R ~fii! 3 LL i 1 2 O~ `a W J W in ~ .oZ Qa c~ (j)o Q X W W Q O H f • C a Y u -io 'Vi'i li 19 -i• _ 1 T•c.l..; J _ i of s+ 1 . . It 1 = r r ! t Fl~~ • i t s W ; • L s= i~ i= O :r I I I 7vf tl { a \ I I \ ~ W I« Z3 t i o I IL I I I I Zw y .o a. ~ I s O I 4 :=v • t Y 3 e~ I ;~1 o =SS 1 Yn ff I~ .1 • ma s I o= u~ N I .'I .f 1 FIG. 7 W J w co J b ° D Z 2 O v b O D 4~ ;j it z ~o Q I b b cr 'cr. o O u c e ° 3 3 O N O Q y bV ~C QIi in I I ° ~v c •m O Cl) 3 r r_- 1 I \ - V II ~ Q I ~ I Q v I I ~I I I II I , I i ' 1 \ II I I ,m \ ~ I i II j I I ~ ~ ~ v ~I I ~ h I II I ~ I I ~ I .m I ~ .o 1 I ~ 1 i It) O : c Q I ~I I I p 6 0 I i b O O` V C Q \ I I ( Q V I Qod1 ~ I I ~ 'bC 1; 04 0 x I ' O a, v I I a~ i 4; O C y I ~ I I / -r•I ~ ~ ~ oa I ~ c O . 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W n x9 ' u cu w Iq o ~L a w 3 Q H Z W f Q W 5 W U Z O U II = Jib a ~ g~ ~Wg~4 8 3g~~~, a w ww i RESOLUTION NO. 74-32 At a regular meeting of the City Council of Southlake, Texas, on the 3rd day of December, 1974, there was held in the City of Southlake, Texas, a regular meeting of the City Council of Southlake, Texas, at which time a quorum of said City Council was present, to-wit: Mayor Wade Booker, Mayor Pro Tem W. 0. Nunn, Councilmen B. J. Knox, R. D. Drummond, Sam Davis, dnd James Winfrey. During said meeting, a proposed contract between the City of Southlake, Texas, and Texas Power & Light Company, provid- ing for a supply of electric power and energy to be used by the City of Southlake, for street lighting for a term of 5 years, beginning January 2, 1975, was presented and on motion duly made, seconded and carried, was ordered marked for identification and filed in the records of the City. (See Exhibit A attached here- to entitled agreement No. 230-2103.) Thereupon, the following resolution--;was offered by Council- man nnn and duly seconded by Councilman Davis, the same being duly adopted by the unanimous vote of all Council- men present to-wit: Mayor Pro Tem W. O. Nunn, Councilmen B. J. Knox, R. D. Drummond, Sam Davis, and James Winfrey. Resolved that Wade Booker Mayor of the City of Southlake, Texas,.be and is hereby authorized and empowered to make an agreement or contract in the name and in behalf of the City i of Southlake, Texas, with Texas Power & Light Company for a term of 5 years, beginning January 2, 1975, providing for a supply of electric power and energy to be used by the City of Southlake, Texas, for 5 years. Said agreement to be in the form submitted to this meeting. I PASSED AND APPROVED this 3rd day of December, 1974. Mayor ATTEST: City Secretary RESOLUTION NO. 74-33 _ A RESOLUTION ACCEPTING SUMMERPLACE ADDITION, A SUBDIVISION IN THE CITY OF SOUTHLAKE, TEXAS. WHEREAS, construction in the development of Summerplace Addition in the City of Southlake, Texas, has been completed; And, WHEREAS, the City Secretary is in receipt of Maintenance Bonds in favor of the City of Southlake for the streets; And, WHEREAS, the City's consultant engineer, Gerald Lemons of Carter & Burgess, Inc., has found all things to be in order; Now, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: The City of Southlake does hereby approve and accept Sum- merplace Addition, a subdivision within the corporate limits of the City of Southlake, Texas. PASSED AND APPROVED this day of December, 1974. Mayor ATTEST: City Secretary 186 JOB: 1"14- 2 iFUMUM G_l.. ~ cirY CARTER & BURGESS, INC. ENGINEERS PLANNERS FORT WORTH, TEXAS SHEET I OF kfi" DATE-1 I - 2 oto 4001TUUtcf- , 7F-xM56 c-AfITA IMt'hovr-HWT FRX-->zAk pfol.I MINJ C MONYI T-il ZM4 iTW~r sZw o Min- T~ To murtaT qugwgx of c(TY ~T~=t 1Mt~M~luls I) H G AL Am. _ mzm, s.K . 14 To anvE s r.T It) s. cAgocj, 9) E. _ ranitA s.9. 114 To r-M 1-705 3) 5. ?4 Met" Ur, - Ir M . I-log To • 121 4) ti. 144 A41P, Pew s.N._114 To a. tovr✓ ST. G) '5- GMWCL-L CIE WM FM 1109 To Ic . C43HTI W44TA. Pvulb . 3~. _i' ~ Ks A,Nt~ YIDta t) _ acqulslT~aN or 11~.~ '1' b • 2 - SopY > OIpNloi = - LtGNTI-P 187 JOB' CARTER & BURGESS. INC. SHEET--~I,-OF-2- ENGINEERS * PI-Ar-INERS DATE BY---- - - - FART WORTH, TEXAS 3) VOMW MASS VfVP0P4%.)T a. PLM cxap Ku (P~vuT b. t'IGNtG 7 IW0•CL~K.lIJG f14L5 d. ocmMulirry Glw ftli nib MUNICIPAL r-ACAut T IMP ~.~ptTto~ To GtTy tau.- ~ ADMtNISTt'.~IVt~ ~st~ 2 st T utsl tort LX A MW Muu+uF-AL cO z ~4T~ - Ac - ~ T ys ~ ~ w~1~ M~~ ~xTlo~s l) '%wT14 6WT? G McYto&A tF C4TY 1 CAPITAL IMPROVEMENTS PROGRAM Priorities established at 11/26/74 meeting. Present: Mayor Pro Tem Bill Nunn Councilman Sam Davis City Secretary Aliceanne Wallace P & Z Commission Member, G. W. Hargadine P & Z Commission Member, C. M. Gordon Citizen, Larry D. Smith J. Craig Eaton, Planner, Carter & Burgess, Inc. Gerald Lemons, Engineer, Carter & Burgess, Inc. I. Sewer System: $8,000,000 over entire City - A. Interior Treatment Plant - $400,000. B. SE corner - concentrate on industrial site. Recommended by Craig Eaton and agreed to by those present. II. St A. B. C. D. E. reets: Carroll S. Kimball N. Kimball Dove Lonesome Dove. III. Yes; Parks & Recreation. IV. Water - Low. V. City Hall Complex: 5 years - expanding present metal building to meet needs. (Dissenting - Aliceanne Wallace.) 10 189 RESOLUTION NO. 74-34 A RESOLUTION APPOINTING LARRY D. SMITH TO THE PLANNING & ZONING COMMISSION TO FILL A VACANCY CREATED BY THE RESIGNATION OF DAVID MOAK. WHEREAS, the City Council of the City of Southlake, passed and approved Ordinance No. 203 pertaining to the Planning & Zoning Commission, on October 16, 1973; And, WHEREAS, said Ordinance provided that the City Council may appoint a member to fill a vacancy on said Commission; And, WHEREAS, David Moak, previously appointed to serve as a Commission member, has had to resign; Now, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: 1. Larry D. Smith is hereby appointed to the Planning & Zoning Commission to fill the vacancy created by David Moak's resignation. 2. The unexpired term of said place runs to May 1, 1975. PASSED AND APPROVED this d day of -D e c. 1974. Mayor ATTEST: City Secretary