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Home My WebLink AboutContract 49899 CITY SECRETARY CONTRACT NO. _ DOE # STORMWATER FACILITY MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this day of Cf, Ian, by and between Railhead Association Phase III Inc., a Texas nonprofit corporation ("Railhead"), acting by and through Lee D. (Pat) Cornell, 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 6.042 acre tract located in the J. Hibbins Survey, Abstract 638, Tarrant County, Texas according to the plat recorded in Cabinet A, Slide 11611 of the Plat Records of 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 Wet Detention Pond #2 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 �GJ "Faci ' ") as shown on the Plan be constructed and adequately maintained by tl:e � "JJ OFFICIAL RECORD aQ C\ O�S�C'STOR A}ER FACILITY MAINTENANCE AGREEMENT CIT SECRETARY Rev. 1 016 FT. WORTH,TX `� 8 ` g5 Landowner, its successors and assigns, the location and dimensions of which is shown 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, its 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, its 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, its successors and assigns, hereby grant permission to the City, its authorized agents and employees, to enter upon the Property and to inspect the Facility Property whenever the City deems necessary. The purpose STORMWATER FACILITY MAINTENANCE AGREEMENT 2 Rev.11/17/2016 of inspection is to follow-up on reported deficiencies and/or to respond to citizen complaints. The City shall provide the Landowner, its successors and assigns, copies of the inspection findings and a directive to commence with the repairs if necessary. 4. In the event the Landowner, its successors and assigns, fails to maintain the Facility in good working condition as specified herein, the City, its 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, its 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 obligation is Landowner's. 3. The Landowner, its 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, its 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 its 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 STORMWATER FACILITY MAINTENANCE AGREEMENT 3 Rev.11/17/2016 THE CITY OF FORT WORTH, ITS AGENTS, SERVANTS AND 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 ITS BANKS, (2) SLOPE FAILURE OF THE BANKS OF THE POND, OR (3) FAILURE OF THE POND OR ITS 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, its administrators, executors, assigns, heirs and any other successors in interests, including any property owners association. [SIGNATURE PAGE FOLLOWS] STORMWATER FACILITY MAINTENANCE AGREEMENT 4 Rev.11/17/2016 Executed this Q-1-..day of 2017. RaiAA �'on Phase III, Inc. City of Fort Worth a TI CA \a ` Comel Jesus J. Chapa Title: Managing Director Assistant City Manager Approved as to Formand Legality FORT Assistant City XtTJrney ATTEST V :_ t �XAS City S t A STORMWATER FACILITY MAINTENANCE AGREEMENT 5 Rev.11/17/2016 STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on 9 , by Je50s <-Y C`VN?-& Assistant City Manager of the City of Fort Worth, on behalf of the City of Fort Worth. MARIA S.SANCHEZ 6. N q My Notary IQ#2256490 Expires December 19,2021 Not ry Public, State of Texas STATE OF TEXAS § COUNTY OF TARRANT § Before me, the undersigned authority on this day of , 2017, personally appeared Lee D. (Pat) Cornell, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that the same is the act of Railhead Association Phase III Inc., and that he executed the same as its Managing Director and as the act of such representative and for the purposes and consideration expressed i t e foregoing instrument. "� •. ALMON CORNELL GREER My Notary ID#125166942 Pub c, Stat of�.��s ^r "r Expires January 14,2021 STORMWATER FACILITY MAINTENANCE AGREEMENT 6 Rev.11/17/2016 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. Name of Employee Title EXHIBIT "A" INSERT LEGAL DESCRIPTION STORMWATER FACILITY MAINTENANCE AGREEMENT 7 Rev.11/17/2016 BLOCKS ... u.«� ..w° P.18l ACRES LOTS BLOCKS 4O BLOCK 5 �\ 1881 ACRES 7.73SMACRES w.r.s:,wwo ¢"'arc resin ten.,isiv�' ..uaswn.u. .Q w omuc ei.sa..,.w YWdni LOTS P.Oa e ..ry.+..xrrr,r,wr w.w N .�, a•.•.c,. BLOCKS 8.042 MAE3 ens ler FINAL PLAT owAns 53.843 ACRES m LAT 1-3. BLOCK 4 LOTS 1-3 AND 5. BLACK 5 RAILHEAD FORT WORTH ax+ooma.m me arr .rx. 91fkEmM w PATE$ll: ERB a�'rvMwtwwr.vcas i[�{ani)ase .w%le.i��48 o3�m �e iriu(wq w-� ~�ne�r.r�_e.�re..11.I1-11r_ EXHIBIT"B" STORMWATER MAINTENANCE AGREEMENT WET DETENTION POND SCHEMATIC PLAN / BOTTOM 3-42" DIA. 48" DIA. OF POND OUTFLOW PIPES I I INFLOW PIPE OUTFLOW '+ ✓� 42" DIA. INFLOW PIPE / POND #2 LOT 5, BLOCK 5 RAfLHEAD FORT WORTH J. HIBBINS SURVEY INFLOW PIPE ABSTRACT NO. 638 TARRANT COUNTY, TEXAS 42" DIA. f INFLOW PIPE / 10' WIDE MAINTENANCE j ACCESS ROUTE 0 5G 1G0 48" DIA. / i•>' INFLOW PIPE .i/ C.•.•'�'' } GRAPHIC SCALE IN FE WET DETENTION POND # `• SCHEMATIC PLAN 78" DIA. I '` INFLOW PIPE ............................... RAILHEAD FORT WORTH ZakLOCATED IN THE CITY OF FORT WORTH TARRANT COUNTY, TEXAS PAGE 1 OF 5 7557 RAMBLER ROAD, SUITE 1400 THE SEAL APPEARING ON THIS DOCUMENTWA` P �� ► �(hoAUAs Tx 75231 972235.3031 AUTHORIZED BY ERIC C. SWARTZ, P.E. 119603 Ot a Koch _ 07/11/2017. ALTERATION OF A SEALED DOCUMEN" WITHOUT PROPER NOTIFICATION TO THE RESPONSIBLE ENGINEER IS AN OFFENSE UNDER THE TEXAS ENGINEERING PRACTICE ACT. 7/11/2017 1 1977-17.203 EXHIBIT"B" NOTES: 1. MAXIMUM SIDE SLOPE 4:1 (H:4) STORMWATER MAINTENANCE AGREEMENT WET DETENTION POND GRADING PLAN SSiritlt, 1 SS A1LLII GYtiitttt#tr 1i2kkrktkkrlti tt; ma L? 702 05 - � 59, 'i li III _-L 48'=895.0 pn j f'l LOT 5, BLOCK 5 r`5 / RAILHEAD FORT WORTH J. HIBBINS SURVEY ✓i�j ABSTRACT NO. 638 TARRANT COUNTY, TEXAS 0 50 1co GRAPHIC SCALE IN FEET t ........... �I J _7o4-f : P' > WET DETENTION POND #2 `� 7I "B" •= GRADING PLAN �78-=592 a6 �_ e. RAILHEAD RAILHEAD FORT WORTH LOCATED IN THE CITY OF FORT WORTH TARRANT COUNTY, TEXAS PAGE 2 OF 5 THE SEAL APPEARING GN THIS DOCUMENT WA ® ^h��y A`.,1., LAS D, SUITE taoo Pacheco(,�r ++VV aJ fl 557 RAMBLER R0A AUTHORIZED BY ERIC C. SWARTZ, P.E. 11960314 AUAs Tx�s2at s722assost 07/11/2017. ALTERATION OF A SEALED DOCUME a, r C1P1 _ WITHOUT PROPER NOTIFICATION TO THE RESPONSIB'-L. ENGINEER IS AN OFFENSE UNDER THE TEXAS ENGINEERING PRACTICE ACT. JO ECS I 1"=100' 1 07/11/ 1977-17.203 EXHIBIT"B" STORMWATER MAINTENANCE AGREEMENT WET DETENTION POND CROSS SECTION 710 710 I - 10' WIDE 705 - -'-- _ _ - - E Ne€ 705 700 _ -- 700 ---------------- 695 695 690 � - — - - - --- -- - - r_ 690 685 - - - --- - - _ _ , _— 685 1+00 2+00 3+00 4+00 5+00 6+00 7+00 8+00 9+GGI-30 PROFILE SECTION A-A o So leo SCALE: H: 1"=100' V: 1"=10.0' GRAPHIC SCALE IN FEET WET DETENTION POND # LOT 5 BLOCK 5 :... SECTION A-A ............ RAILHEAD FORT WORTH RAILHEAD FORT WORTH J. HIBBINS SURVEY LOCATED IN THE CITY OF FORT WORTH ABSTRACT NO. 638J TARRANT COUNTY, TEXAS TARRANT COUNTY, TEXAS �'l PAGE 3 OF 5 fff 7557 RAMBLER ROAD. SUITE 1400 THE SEAL APPEARING ON THIS DOCUMENT WAS Pacheco Koch ,235.3031 AUTHORIZED BY ERIC C. SWARTZ, P.E. 119603 ON a�^as rx 7sz31 972` 07/11/2017. ALTERATION OF A SEALED DOCUMENT WITHOUT PROPER NOTIFICATION TO THE RESPONSIBLE ENGINEER IS AN OFFENSE UNDER THE TEXAS c.RAM&r Olf-Oro BY SCA LE ENGINEERING PRACTICE ACT. JO ECS 1"=10007/11/2017 1977-17.203 EXHIBIT "B" STORMWATER MAINTENANCE AGREEMENT WET DETENTION POND CROSS SECTION 710 710 PROFIO�EO 10' 705 — 705 700 — --- 700 695 695 690 — _ — +-- --- 690 685 - - — -- 685 {_ �_._ 0+00 1+00 2+00 3+00 4+00 5+00 PROFILE SECTION B-B 50 100 SCI-.LL: H: V: 1"=10.0' GRAPHIC SCALE IN FEE' te t LOT 5, BLOCK 5 INET DETENTION POND #2 """"""""""''"''" RAILHEAD FORT WORTH SECTION B-B J. HIBBINS SURVEY RAILHEAD FORT WORTH ABSTRACT NO. 638 -OCATED IN THE CITY OF FORT WORTH TARRANT COUNTY, TEXAS TARRANT COUNTY, TEXAS PAGE 4 OF 5 7557 RAMBLER ROAD, SUITE 7400 APPEARING ON THIS DOCUMENT WAS Pacheco Koch �nLLns Tx 75231 872235.3031 A L.TI.ORI'tD BY ERIC C. SWARTZ, P.E. 119603 ON arr. 07/11/2017. ALTERATION OF A SEALED DOCUMENT WITHOUT PROPER NOTIFICATION TO THE RESPONSIBLE r'\,GINEER IS AN OFFENSE UNDER THE TEXAS IJG'NEERING PRACTICE ACT, JC• ECS I 1"=100' 07/11/2017 1 1977-17.: EXHIBIT "B" STORMWATER MAINTENANCE AGREEMENT WET DETENTION POND OUTFALL DETAIL 100 YR STORM EVENTI DESIGN RELEASE=501.94 cfs POND WSEL = 700.87 ft 10 YR STORM EVENT DESIGN RELEASE= 293.40 cfs TOP OF POND=700.87 POND WSEL = 697.49 ft 1 YR STORM EVENT 100—YR WSEL=699.87 j DESIGN RELEASE= 122.71 cfs 10—YR WSEL=697.49 96 POND WSEL = 694.86 ft 1—YR WSEL=694.86 ,€ TYPE "B" HEADWALL OUTFALL 3-42" STORM DRAIN FL=691.60 POND OUTFALL DETAIL NOT TO SCALE I 00 00 . ..... .....: ..:....... .. . Ate HE SEAL APPEARING JN THIS DOCUMENT WAS AUTHOR!= BY ERIC C. SWARTZ, P.E. 119603 ON v /11/2017 . ALTERATION OF A SEALED DOCUMENT NITHOUT PROPER NOTIFICATION TO THE RESPONSIBLE 7R IS AN OFFENSE UNDER THE TEXAS NET DETENTION POND #2 � RING err r° KAMULLK KVALJ, -I �uu OUTFALL DETAIL c h e w Koch 4LLAS, TX 75231 972.235.3031 ?rn cqi ri�irrotiic ricyr -_.:.-a RAILHEAD FORT WORTH LL" 3000 LOCATED IN THE CITY OF FORT WORTH �prF uun��Lk TARRANT COUNTY, TEXAS ,, 07 i7^17 1977-17.203 PAGE 5 OF 5 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 8 Rev.11/17/2016 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 s ward Location of Erosion MAJOR INSPECTIONS Condition of Stormwater Quality Structure Type of Stormwater Qualit Structure Structure type and Condition Condition of Rip- Ra STORMWATER FACILITY MAINTENANCE AGREEMENT 9 Rev.11/17/2016 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 Q Rev.11/17/2016 FORT WORTH FaltVkdhAa Stormwater INSPECTION CHECKLIST FOR SIMPLE DETENTION BASIN Management Facility Name: Facility Agreement Number: Basin/Pond Number: Inspected By: Date: Type of Inspection:Annual_Quarterly , Monthly_, Routine_, or Storm Event (#days since event Basin Conditions: 1. Is there standing water or wet spots? Yes_No_Comments 2. Does sides or bottom show signs of erosion,settling,cracking,etc? Yes_No_Comments 3. Does dam or emergency spillway show signs of erosion,settling, cracking,or other problems? Yes_No_Comments 4. Is there evidence of animal burrowing in dam? Yes_No_Comments 5. Is there evidence of changes in shape or volume of basin? Yes_No_Comments 6. Do vegetated areas need mowing? Yes_No`Comments 7. Are there trees or woody growth in dam? Yes_No Comments 8. Are there areas that need to be re-vegetated? Yes_No_Comments 9. Is there any accumulation of silt,trash,debris or litter in the basin? Yes_No_Comments 10.Are there any other basin maintenance activities needed? Yes_No_Comments Structural Components: 1. Are pipes,channels,trash racks,etc.free of obstructions? Yes_No_Comments 2. Are pipes,spillway or trash racks in need of repair? Yes_No_Comments 3. Is the low flow or trickle channel in need of repair? Yes_No_Comments 4. Is the outfall channel in need of repair? Yes_No Comments 5. Are there any other structural maintenance activities needed? Yes_No_Comments Plan for correcting deficiencies: Signature: Owner's Representative Date: Form CFW-6 CFW-SEPTEMBER 2015 Appendix A A-17