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HomeMy WebLinkAboutContract 48992 23456 CffYSECPZTMy �1 B� CONTRA&NO. DOE # 9 STORMWATER FACILITY MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this day of by and between Roque Amada, hereinafter referred to as "Landowner", and the City of Fort Worth, hereinafter referred to as"City". WITNESSETH WHEREAS, the Landowner is the owner of certain real property described as an approximately 2.99 acre tract located in the Abner Lee Survey, Abstract No. 931, Tarrant County, Texas according to the deed recorded in Instrument No. D216096405, Deed Records, Tarrant County, Texas, hereinafter called the"Property". WHEREAS, the Landowner is proceeding to build on and develop the Property according to the Site Plan/Subdivision Plan known as IMOT, Inc. hereinafter called the "Plan", which is expressly made a part hereof, as approved or to be approved by the City and the Landowner provides for management of Stormwater within the confines of the Property; and WHEREAS, the City and the Landowner, and their successors and assigns, agree that the health, safety and welfare of the residents of the City of Fort Worth, Texas require that on-site Stormwater Management Facilities be constructed and maintained on a portion of the Property; and WHEREAS, the City requires that on-site Stormwater Management Facilities ("Facility") as shown on the Plan be constructed and adequately maintained by the Landowner, his successors and assigns, the location and dimensions of which is shown OFFICIAL RECORD STORMWATER FACILITY MAINTENANCE AGREEMENT CITY SECRETARY 1 Rev.12129/2014 FT.WORTH,TX and more particularly described by metes and bounds in the attached Exhibit "A" ("Facility Property"); and NOW, THEREFORE, in consideration of the foregoing premises, the mutual covenants contained herein, and the following terms and conditions, the parties hereto agree as follows: 1. The Landowner, his successors and assigns, shall adequately construct and maintain the on-site Stormwater Management Facility ("Facility") at no expense to the City of Fort Worth in accordance with the design specifications for the Facility, attached as Exhibit`B", and the current standards then in force and effect in the City of Fort Worth and with the Operations and Maintenance Plan attached to this Agreement as Exhibit "C". The Stormwater Facility includes all pipes, channels or other conveyances built to convey Stormwater to the facility, as well as all structures, improvements, and vegetation provided to control the quantity and quality of the Stormwater. Adequate maintenance is herein defined as good working condition so that these facilities are performing their design functions. The Stormwater Structural Control Maintenance Checklists, attached to this Agreement as Exhibit "D", are to be used to establish what good working condition is acceptable to the City. 2. The Landowner, his successors and assigns, shall inspect the Facility and submit an inspection report to the City annually. The purpose of the inspection is to assure safe and proper functioning of the Facility. The inspection shall cover the entire Facility, berms, outlet structure, pond areas, access roads, etc. Components of the Facility, which need maintenance or replacement to perform their design function, shall be noted in the inspection report along with the corrective actions to be taken. 3. The Landowner, his successors and assigns, hereby grant permission to the City, his authorized agents and employees, to enter upon the Property and to inspect the Facility Property whenever the City deems necessary. The purpose of inspection is to follow-up on reported deficiencies and/or to respond to STORMWATER FACILITY MAINTENANCE AGREEMENT 2 Rev.12129/2014 citizen complaints. The City shall provide the Landowner, his successors and assigns, copies of the inspection findings and a directive to commence with the repairs if necessary. 4. In the event the Landowner, his successors and assigns, fails to maintain the Facility in good working condition as specified herein, the City, his authorized agents and employees, may enter upon the Facility Property and take whatever steps necessary to correct deficiencies identified in the inspection report and to charge the costs of such repairs to the Landowner, his successors and assigns. It is expressly understood and agreed that the City is under no obligation to routinely maintain or repair said Facility, and in no event shall this Agreement be construed to impose any such obligation on the City, such oblization is Landowner's. 5. The Landowner,his successors and assigns, will perform the work necessary to keep the Facility in good working order as appropriate. In the event the City pursuant to this Agreement,performs work of any nature, or expends any funds in performance of said work for labor, use of equipment, supplies, materials, and the like, the Landowner, his successors and assigns, shall reimburse the City upon demand, within thirty (30) days of receipt thereof for all actual costs incurred by the City hereunder. In the event that Landowner or his successors or assigns fail to pay the City for the costs incurred under this section, the City shall impress a lien for the costs of such work upon other lots owned by the Landowner. Such lien shall be perfected by filing in the office of the County Clerk of Tarrant County, Texas an affidavit identifying the property to be charged with such lien, stating the amount thereof, and making reference to this Agreement. 6. This Agreement imposes no liability of any kind whatsoever on the City. THE LANDOWNER AGREES TO HOLD THE CITY HARMLESS FROM ANY LIABILITY IN THE EVENT THE FACILITY FAILS TO OPERATE PROPERLY. LANDOWNER COVENANT AND AGREE AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF FORT WORTH, HIS AGENTS, SERVANTS AND STORMWATER FACILITY MAINTENANCE AGREEMENT 3 Rev.12/29/2014 EMPLOYEES FROM AND AGAINST ALL COSTS, EXPENSES, LOSSES, DAMAGES, CLAIMS OR CAUSES OF ACTION WHATSOEVER ARISING, OR WHICH MIGHT ARISE, FROM THE FAILURE OF LANDOWNER OR ANY FUTURE OWNERS OF THE ABOVE FACILITITY PROPERTY TO MAINTAIN THE FACILITY, INCLUDING, BUT NOT LIMITED TO THE BED AND BANKS OF THE DETENTION POND; ANY DAMAGES CAUSED TO PERSON OR PROPERTY DUE TO (1) FLOODING OF THE POND AND HIS BANKS, (2) SLOPE FAILURE OF THE BANKS OF THE POND, OR(3) FAILURE OF THE POND OR HIS BANKS TO OPERATE IN A MANNER CONSISTENT WITH CITY OF FORT WORTH CRITERIA TO PERFORM ANY OTHER DUTIES OR OBLIGATIONS HEREUNDER. 7. Landowner covenants and agrees that no habitable building shall be erected within the drainage easement outlined on Exhibit "A" but this paragraph shall not preclude construction of other improvements within the drainage easement, which do not impede drainage. Landowner covenants and agrees that no habitable building shall be erected on the above property abutting such easement which shall have a finished floor at an elevation less than two feet above the maximum depth of water in the detention pond which would occur during a 100 year frequency flood. 8. This Agreement shall be recorded among the land records of Tarrant County, Texas, shall constitute a covenant running with the land, and shall be binding on the Landowner, his administrators, executors, assigns, heirs and any other successors in interests, including any property owners association. [SIGNATURE PAGE FOLLOWS] STORMWATER FACILITY MAINTENANCE AGREEMENT 4 Rev.12/29/2014 Executed this day of MAYth 201 Landowner City of Fort Worth 1�TAOLq v, z — Name: Roque Vaya -) 3: S Ck5+°4-- Assistant City Manager Approved as to Form and Legality 9 i i i ssistant City Attor ey ATTEST City Ser y oF•F oRr� U 2 �cE1S OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX STORMWATER FACILITY MAINTENANCE AGREEMENT 5 Rev.12/29/2014 Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. l_ D.J.Harrell Development,ServicSs Administrator Date: 3 /7 STATE OF TEXAS § ELIZABETH L. PORTER ��'�P'P••GB'�i„ NzNotary Public, State of Texas Comm.Expires 06-23-2020 COUNTY OF TARRANT III00� Notary ID 130712683 This instrument was acknowledged before me on �,�1n by Roque Amaya. Notary&- 4 c,k- 40--4toTexas STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on A 61 (A by Fernando Costa,Assistant City Manager of the City of Fort Worth, on behalf of City of Fort Worth. Aoty Public, State Texas of LINDA M. HIRRLINGER NiotGary Puuiic;,State of Texas cnrnm. Expires 02-02-2018 �R @ NOtnry Ip 12414474-6 STORMWATER FACILITY MAINTENANCE AGREEMENT Rev.12/29/2014 6 EXHIBIT "A" DESCRIPTION OF PRIVATE DETENTION AREA EASEMENT SITUATED in the City of Fort Worth, Tarrant County, Texas, and being a tract of land in the ABNER LEE SURVEY, Abstract No. 931, and being a portion of that certain tract conveyed to Roque S. Amaya by deed recorded under Tarrant County Clerk's File No. D216096405, and said portion being more fully described as follows: BEGINNING at a point in the southeasterly corner clip portion of said Amaya tract, said point being 13.79 feet North 40 degrees, 34 minutes East from a 1/2" iron rod found in place for the most southerly southeast corner of said Amaya tract and the southwesterly end of the corner clip at the intersection of the northerly line of Burleson Retta Road (County Road Project No. 1064) and the westerly line of Oak Grove Road South (County Road Project No. 1004); THENCE South 89 degrees, 55 minutes West and generally north of and generally parallel with the north line of said Burleson Retta Road, 189.39 feet; THENCE North 0 degrees, 05 minutes West, 208.32 feet; THENCE North 50 degrees, 26 minutes, 10 seconds East, 118.8 feet; THENCE South 89 degrees, 57 minutes, 30 seconds East, 123.16 feet to an"RPLS 1640" capped 5/8" iron rod set for corner; THENCE South 3 degrees, 08 minutes West and generally parallel with said westerly line of Oak Grove Road, 182.19 feet to an "RPLS 1640" capped 5/8" iron rod set for corner in said southeasterly corner clip portion of Amaya tract; THENCE South 40 degrees, 34 minutes West with said southeasterly corner clip portion of Amaya tract and said corner clip in road intersection, 15.41 feet to the PLACE OF BEGINNING, and containing 1.266 acres. STORMWATER FACILITY MAINTENANCE AGREEMENT 7 Rev.12/29/2014 aggx,: •1 } R R •Y�' iF 4 'ii �� H :'�^^� 3�Y�? � � � R�� ' ��t��'€�RBx�� � �I� ��' g'� °•h! � �F����� �`she a Y 2=s iE�@l3 � 31 �r' =` °i{ o� Q€s `' °gtrtI °4, I aaa1C1lli tt ljwl; 11 1- sin t ulfhsGzz * 3= t—xrel Fi2�3° Ebq�i Iyt"rE yi°�° E iS�s0 q °d 1FdtwIS� {�a �♦ II°€ 1t lip 888 #I c e n lit-i' oli Bergs ;af6 a°s €gigf $ t� � s a IN Yj�Q �# 1 11 � a ARM ow Do J17�t nrJ it y G Y� G: --ern• _ .Oi'CCL A.LY,t4CC S� m ! Y ,1L'S6Z M,54,41,00 M cnm � yce IJi N'O V �i "� (.. r STORMWATER FACILITY MAINTENANCE AGREEMENT 8 Rev.12/29/2014 EXHIBIT "B" DESIGN CALCULATIONS (1 OF 2) Runoff Calculations PRE-DEVELOPMENT Drainage Area C C R Ca C'Ca Tc 1-yr I 10 Yr t 100 Yr I 1 Yr Q 10-Yr 0 100-Yr 0 Area/Pt (ac) 100-Yr 500-Yr min) (Inft) on/h n/hr cfs cis (C Is) CS-1 875 0.30 0.3 0.3 20 282 4.83 7.05 7.41 12.67 1849 A 1 1.64 0.30 03 0.3 20 282 4.83 7.05 1.39 2.37 3.47 A2 1.35 0.30 0.3 0.3 20 2.82 4.83 705 1 14 1 95 2.85 A 2.99 030 1 0.3 03 20 282 483 705 1 2.53 433 6.32 OS-1+A 1174 0.30 0.3 0.3 20 2.82 4.83 7.05 9.95 1700 24.81 OS-2 3.14 030 0.3 03 20 2.82 4.83 705 2.66 4.55 6.64 B 1 2.01 030 0.3 0.3 20 2.82 483 705 1.70 2.91 4.25 82 1 17 0.30 0.3 0.3 20 2.82 4.83 705 0.99 1.69 247 B 3.18 0.30 03 03 20 282 4.83 705 2.69 4.60 1 6.72 0S-2+B 431 0.30 0.3 0.3 20 2.82 4.83 7.05 3.65 6.24 911 OS-1+OS-2+A+B 18.06 030 1 0.3 0.3 20 1 2.82 4.83 7.05 1 15.30 26.15 38.17 Runoff Calculations PROPOSED Drainage Area C C"Ca C'Ca Tc 1-Yr I 10 Yr I 100 Yr I 1-Yr Q 10-Yr 0 100-Yr Q ArearPt (ac) 100 Yr 500-Yr (min) (in/hr) (in/ho (in/hr) (cfs) (cis) (C IS) OS-1 8.75 0.30 03 03 20 2.82 483 7.05 741 12.67 18.49 A 1 1.64 0.88 0.88 0.88 10 4.06 6.51 9.24 5.86 9.40 13.34 A2 1 35 0.30 03 0.3 20 282 483 7.05 1.14 1 95 2 85 A 2.99 0.62 0.62 0.62 10 4.06 6.51 9.24 7.53 12.07 17.14 OS-1+A 11.74 0.38 0.38 0.38 10 4-06 6.51 924 18.11 2906 41.24 OS-2 3 14 0.30 03 03 20 282 4.83 705 266 455 664 131 2.01 0.30 0.3 03 15 3,32 5.53 796 200 333 461 82 117 0.30 0.3 0.3 15 3.32 553 796 1.17 1 94 280 B 3.18 1 0.30 1 0.3 0.3 15 3.32 5.53 7,98 1 3.17 5.27 1 7.61 OS-2+8 6.32 0.30 1 0.3 1 03 15 1 3.32 1 5.53 7.98 1 6.29 1 10 48 15.12 OS-1+OS 2+A+B 18.06 0.35 1 0.35 1 0.35 20 1 2.82 1 483 7.05 1 17.85 1 30.5 1 4453 The"C"values in this table are for the proposed land use of lot 4, Block 1 Rainfall data(intens) in In/hr)was taken from the ISWM Tarrant County rainfall table Required Dention Storage Volumes by ISWM Equations 1 126 27 28a and 28b a b C A Qa Tc Td V rettmina P160 Ptd Vmax Vmax Frequency acres) (cfs) (min' min "3 in n ^3 ac 4t 1-Year 95 835 13425 062 2.99 253 1000 30 4 300 1 77 1 10 6.900 016 5 Year 17081 19.435 062 2.99 379 1000 3752 7 100 295 186 11 200 - .-36 100-Year 322 07 24 388 062 299 6.32 10.00 4347 12.800 544 3 39 20.500 0 47 STORMWATER FACILITY MAINTENANCE AGREEMENT 9 Rev.12/29/2014 EXHIBIT "B" DESIGN CALCULATIONS (2 OF 2) Actual Detention storage Volumes Allowed Required Storage Tail Water Water Actual Actual 01 Actual Actual S Fmq Discharge Surface Discharge(0) Allowed 0 Storage(S)Required S (C IS) ac-R R"3 elev) (elev) (cis R"3 1-Year 253 016 6 900 000 69268 2.53 100% 7.368 107% 5-Year 1 379 026 11.200 000 69281 379 1 1000% 1 11 534 103% 100-Year 1 632 047 20 500 0.00 1 69301 631 1 1000/6 1 20.500 100% l)Theniredsto22els met or exceeded at the ele%etion that produced the maximum allowable discharge Actual Detention Storage Volumes Allowed Required Storage Tail Water Water Actual Actual 0 Actual Actual S Freq. Discharge Surface Discharge(0) Allowed 0 Storage(S)Required S (C IS) (ac-ft) R"3) (eleele (c 113) 43) 1 Year 253 016 6 900 000 692.68 253 100% 7 388 107% 5-Year 379 026 11 200 1 000 69281 379 100% 11 534 103% 100-Year 6.32 0 47 20 500 000 69301 631 100°,,a 1 20.500 1 100% 1 The fired storage is met or exceeded at the elevation that produced the maximum allowable discharge Pond Orifice Outlet Pond Weir Outlet Emergency S iliway Outlet U'S Flow Line 69140 U±S Flow Line 69250 U/S Flow Line 69301 Diameter of Pi (in) 800 Width 392 Width 500 Emergency Dischar Coef C 06 Weir Coefficient Cc 31 Wei rCoelclent(Co)1 3.1 Outtlet 69355 Qom=CA(2gh)o.s Qw.,=C.Pdss Qw.c=C.Pdu R WredO 632 Allowable 0 632 staga Vdtme-Discharge Rating Table Elevation Storage Pipe Pipe Velocity Weir Weir Total (ft) Storage(R) (ac-t) Discharge (fp ) Discharge Velocity Discharge (cis) s (cis) (fps) (cis) 691 50 5 000 000 000 0 0 000 69200 18 000 1 19 340 0 0 1 19 69250 1 701 004 1 37 393 0 0 1 37 69300 17 820 041 1 62 520 429 13 728 611 69350 53 460 1 23 2 17 622 12 14 38 848 1431 U' STORMWATER FACILITY MAINTENANCE AGREEMENT 10 Rev.1212912014 EXHIBIT "B" SCHEMATIC PLAN — PLAN VIEW LL o W � va t s L a• ffi RR a 14 tl o ,K0 a T aY� A`r �g x _ - .. . _ _ . .. _ Ok I s ijib) ,�„ f .♦ i • � �: �•" .• •_.• t • STORMWATER FACILITY MAINTENANCE AGREEMENT 11 Rev.12/29/2014 EXHIBIT "B" SCHEMATIC PLAN -CROSS-SECTIONS A & B 696 696 100-YEAR EVENT WL 692 692 688 -0+250+00 0+50 1+00 1+50 2+00 2+25 CROSS-SECTION A-A 696 696 00 YEAR EVENT WL 692 -""' 692 688 -0+250+00 0+50 1+00 1+50 2+00 2+50 3+00 3+25 CROSS-SECTION B-B STORMWATER FACILITY MAINTENANCE AGREEMENT 12 Rev.12/29/2014 EXHIBIT "B" SCHEMATIC PLAN - DETENTION OUTFALL DETAIL ONE ROCK WALL 'L)P V BER TTPPCAL ELEATIN - WOU rMCAL ELLYATICN = {g4.00 5.00 \ EWRGENGI' QVEIVLOW 'CATER ELEVATON - 6'35,55 100 YEAR WATER U ATION = 643.01 3.9167' FL = 692.50 \ \ v �0 13 6"1141CR 2' x 5 II, 4 R' WYC OF ICE TYPE A CCN-.*M PAD FL - 691.40 DETENTION OUTFALL ELEVATION STORMWATER FACILITY MAINTENANCE AGREEMENT 13 Rev.12/29/2014 Exhibit "C" CITY OF FORT WORTH STORMWATER FACILITY OPERATION AND MAINTENANCE PLAN The only responsibility the City of Fort Worth has in the operation and maintenance of this Facility is inspection. General Maintenance Procedures The structural and functional integrity of the Facility shall be maintained at all times by removing and preventing drainage interference, obstructions, blockages, or other adverse effects into, through, or out of the system. Periodic silt removal shall occur when standing water conditions occur or the pond's storage volume is reduced by more than 10%. Silt shall be removed and the pond/basin returned to original lines and grades shown on the approved engineering plans. In addition, corrective measures are required any time a basin does not drain completely within 72 hours of cessation of inflow. NO STANDING WATER IS ALLOWED in basins designed for dry detention purposes. Accumulated litter, sediment, and debris shall be removed every 6 months or as necessary to maintain proper operation of the basin. Disposal shall be in accordance with federal, state and local regulations. Detention facilities shall be mowed monthly between the months of April and October or anytime vegetation exceeds 12-inches in height. To prevent debris from entering and clogging the downstream storm sewer system a wire mesh screen or similar screening device shall be installed over the outlet until final acceptance. 4. PREVENTIVE MAINTENANCE/INSPECTION • Visual inspections of all components will be conducted every 6 months. • A log shall be kept of maintenance actions, and inspections. The log should document the condition of the detention system's primary components, mowing, and silt, litter and debris removal dates. Document aeration of the basin bottoms and replanting to prevent the sealing of the basin bottom. • Written maintenance and repair records shall be maintained by the party or parties signing the attached Agreement and shall be provided to the City upon request. STORMWATER FACILITY MAINTENANCE AGREEMENT 14 Rev.12/29/2014 Exhibit "D" Stormwater Structural Maintenance CHECKLIST FREQUENT REPAIRS REPAIRS INSPECTION DATE REQUIRED MADE NOTES Mowing Remove Trash and debris Inspect irrigation system operation Remove grass clippings Violations Noted MINOR INSPECTION Condition of Pond Amount of silt in and Amount of silt in flume Amount of ponded water Amount of wetland vegetation Location of Erosion Percent of vegetation Condition of trash guard Location of Erosion MAJOR INSPECTIONS Condition of Stormwater Quality Structure Type of Stormwater Quality Structure Structure type and Condition Condition of Rip- Ra STORMWATER FACILITY MAINTENANCE AGREEMENT 15 Rev.12/29/2014 Condition of filtrations stem Berm or Embankment Settlement Location of erosion Evidence of Animals Evidence of Aquatic life Condition of Aeration Foundation STORMWATER FACILITY MAINTENANCE AGREEMENT 16 Rev.12/2912014