HomeMy WebLinkAboutContract 49903 CITY SECRETARY Q
CONTRACT NO.
DOE #
STORMWATER FACILITY
MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into this day of I,
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 7.736 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 #1 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
Q� 2
34 S 6) WHEREAS, the City requires that on-site Stormwater Management Facilities
4("Fa ") as shown on the Plan be constructed and adequately m intained by the
N RECEIVED �o
NOV g _�
OFFICIAL RECORD
- crr1 OF 10117 ti CITY SECRETARY
C7},s �pR / 6 FACILITY MAINTENANCE AGREEMENT FT.WORTH,ix
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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.
5. 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 thisq4—day of' 017.
Railhead Assc 't tion Phase III Inc. City of Fort Worth
a Texas Corl -at*
Name: Lee D. (Pat) Cornell Jesus J. Chapa
Title: Managing Director Assistant City Manager
Approved as to Form and Legality
Assistant City Attorney
r. FO RT
ATTEST f
City Sec ry
TE)O'
STORMWATER FACILITY MAINTENANCE AGREEMENT 5
Rev.11/17/2016
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on )4WjZAA $, X017 by
JQSvs J• Chapa �, Assistant City Manager of the City of Fort Worth, on behalf of the City
of Fort Worth.
MARIA S,SANCHEZ t
My Notary ID At 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 Dire or and as the act of such representative
and for the purposes and consideration c,hrt s� _ i n the foregoing i rument.
CORNELL GREER
01a lic,
My Notary ID#125166942
Expires January 14,2021
STORMWATER FACILITY MAINTENANCE AGREEMENT 6
Rev.11/1712016
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
5/1"
Title
EXHIBIT "A"
INSERT LEGAL DESCRIPTION
STORMWATER FACILITY MAINTENANCE AGREEMENT 7
Rev.11117/2016
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EXHIBIT "B " - POND GRADING PLAN
EAST INDUSTRIA AVENUE
�� -- -- ,AIS --
�- =a=- _
1 OHL. OHL
54" DIA.
INFLOW PIPE AINTENA
ACCESS RA
1 vii 1p.ff
,
10' WADE MAI TENA 1�
ACCESS ROA
M DIA. 10 �
INFLOW PIE POND I RETENTION POND `
BOTTOM 1 4`
1
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a
00
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t = = t=
18' DIA a \
INFLOW PIPE -
I,A,I
.0 F Tf ,�`,
!�
0 50 100 200
CLAYTON.J.� TROLLE
...........................0ss � GRAPHIC SCALE IN 'FEET
E
�,
WET DETENTION POND
a ..
S .ONAI-E4�,
LOT 6, BLOCK 5,
RAILHEAD FORT WORTH
THE SEAL APPEARING ON THIS DOCUMENT WAS
AUTHORIZED BY CLAYTON J. STROLLE, P.E. 108906 ON (CAB. A, SLIDE 12591
08/27/2015. ALTERATION OF A SEALED DOCUMENT
WITHOUT PROPER NOTIFICATION TO THE RESPONSIBLE
ENGINEER IS AN OFFENSE UNDER THE TEXAS
ENGINEERING PRACTICE ACT. WET DETENTION
Pacheco Koch �: TX�°�z�3031 GRADING PLAN
TX REG. ENGINEERING FlRM F-469 RAILHEAD NORTH
• ";% TX REG. SURVEYING FIRM L.S-ID0080-00 LOCATED IN THE CITY OF FORT WORTH
DRAWN BY CHECKED BY SCALE DATE JOB NGNBER TARRANT COUNTY, TEXAS
ECS CJS 1"-100' 08/27/2015 1977-14.358 PAGE 1 OF 4
EXHIBIT "B " - CROSS SECTION
715 r. 715
710 _ - _--- - 710
Fd4CE-RF(yjo----l—
PRGf
705 - - --- L1M TS of EXCAVAT'l0 M 705
EXISTING URAa
r_
TOP OFIPOND
700 -��� - 700
-? 100 Y WSE_= 83
z —
695 �L . a - 695
—
1+00 2+00 3+00 4+00 5+00
PROFILE SECTION A-A
SCALE: H: 1"=100'
V: 1"=10.0'
Z H- IN
NOTES:
1. MAXIMUM SIDE SLOPE 4:1 (H:V)
:. 2. REFERENCE EXHIBITS B6 & 67 FOR
•' -� t EMERGENCY OVERFLOW SPILLWAY & WET DETENTION
d I a" PRIMARY OUTFALL DETAILS
..............................i' GRADING PLAN
/CLAYTON J. STROLL F d
I•'•S"""""""""""'j"'� RAILHEAD NORTH
108906 ;moo LOCATED IN THE CITY OF FORT WORTH
� �•ONALETARRANT COUNTY, TEXAS
�� PAGE 2 OF 4
SEAL APPEARING ON THIS DOCUMENT WAS WET DETENTION POND8350 N.CENTRAL EXPWY. SUITE 1000
ORIZED BY CLAYTON J. STROLLE, P.E. 108906 ON LOT 6, BLOCK 5, Pacheco Koch DALLAS, TX 75206 972.235.3031
on Tx REG. ENGINEERING FIRM F-469
'2015. ALTERATION OF A SEALED DOCUMENT
WITHOUT PROPER NOTIFICATION TO THE RESPONSIBLE RAILHEAD FORT WORTH DALLAS x REG. SURVEYING FIRM Ls-laooea-oo
ENGINE 'S AN OFFENSE UNDER THE TEXAS (CAB. A, SLIDE 12591) DRAWN BY CHECKED BY SCALE -- ✓OB Nu&fBER
ENGINEERING PRACTICE ACT. ECS CJS 1"=100' 08/27/2015 1977-14.358
EXHIBIT 'wB " - CROSS SECTION
715 _ 715
EXISTING RAIL SPUR
710 PROPOSED 10', WIDE i._ 710
MAINTENANCE ROAD PROPOSED 10' WI
Qp MAINTENAN ROAD
705 (SII �aoia _ 705
I�TOP OF POND�701.00
700 - - 700
--
64
695 vvf y/ ,; ;: 695
_ FINISH (GRADE
1+00 2+00 3+00 4+00 5+005+50
PROFILE SECTION 13-13
SCALE: rl: 1"=100'
V: 1"=10.0' 0 50 100 200
GRAPHIC SCALE IN FEET
OF TF %,itt
WET DETENTION
CLA
+ ••� YTON••• •••'J.••••STRR LLE••• - GRADING PLAN
/ o............... :F. RAILHEAD NORTH
•
108906 LOCATED IN THE CITY OF FORT WORTH
TARRANT COUNTY. TEXAS
ONAL Fay PAGE 3 OF 4
000
THE SEAL APPEARING ON THIS DOCUMENT WAS WET DETENTION POND Pacheco Koch D&L N.TX 7520RAL E7fPWY. SUITE 131
OALUS.7X 75208 972235.3031
AUTHORIZED BY CLAYTON J. STROLLS, P.E. 108906 ON TX REG ENGINEERING FIRM F-499
08/27/2015. ALTERATION OF A SEALED DOCUMENT LOT 6, BLOCK 5, TX REG SURVEYING FIRM LS-1000W-00
WTHOUT PROPER NOTIFICATION TO THE RESPONSIBLE RAILHEAD FORT WORTH
ENGINEER IS AN OFFENSE UNDER THE TEXAS DRAWN BY CNECKEO BY SCALE OA TE JOB NUMBER
ENGINEERING PRACTICE ACT. CAB. A SLIDE 12591 ECS CJS 1'100' 08/19/2015 1977-14.358
EXHIBIT "B 52 - OUTFALL DETAIL
EXISTING 36' DISCHARGE PIPE
NOTE
REFER TO CITY OF FORT
WORTH STANDARD 4
4SQUARE JUNCTION BOX
'X4' JUNCTION BOX
DETAIL FOR REBAR SIZE
AND SPACING
A
A
8•� 4.0' 6-
TOP OF POND = 701.00
III—I I
100YR W.S.E 699_83 1.17' OF EXISTING FREEBOARD
OPEN TOP FOR 10 & 100 YR EVENTS
ELEV.=698.40 ELEV.=698.40
4'X4' JUNCTION BOX 4'X4' JUNCTION BOX
36' DISCHARGE
PIPE
�36' DISCHARGE PIPE 1.26` N SQUARE
OPENIti FOR 1
YEAR EVENT
ELEV.=693.04 1 ELEV.=693.04
SECTION A-A T FRONT VIEW
v,%%nll %
wa�� rFfih
00
...............................
CLAYTON J. STROLLS
�r°�......10890fi......: j#
cc,io
S '
THE SEAL APPEARING ON THIS DOCUMENT WAS
AUTHORIZED BY CLAYTON J. STROLLE, P.E. 108906 ON
08/27/2015. ALTERATION OF A SEALED DOCUMENT
WITHOUT PROPER NOTIFICATION TO THE RESPONSIBLE
ENGINEER IS AN OFFENSE UNDER THE TEXAS WET DETENTION
ENGINEERING PRACTICE ACT.
Pacheco KochDALLAS. TTX 75206RAL 9 2.23155.3031 GRADING PLAN
TX REG. ENGINEERING FIRM F-469 RAILHEAD NORTH
• TX REG. SURVEYING FIRM LS-100080-00 LOCATED IN THE CITY OF FORT WORTH
DRAWN BY I CHECKED BY SCALE DATE JOB HLAIBER TARRANT COUNTY. TEXAS
ECS CJS N.T.S. 08/27/2015 1 1977-14.358 PAGE 4 OF 4
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
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
uard
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 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 O
Rev.11/17/2016
FORT WORTH
—`*� INSPECTION CHECKLIST FOR SIMPLE DETENTION BASIN Stormwater
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 A ppe,dx�"6A A-17