HomeMy WebLinkAboutContract 50066 234
RE'CEIveo
DEC 2 p 2011 �j
-` CITY SECRETARY
C17Y OF FORT VV0f�{ " CON'TRACT NO.
C[TYSECRMRI�UOE,#,
STORMWATER FACILITY
MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into this day of
lb >-Mm� 2017, by and between 820/30 Holdings, LLC, general partner of 820/30
Interchange, Ltd. acting by and through Mark Foster, Manager, 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 12.03 acre tract located in the BUFFALO BAYOU, BRAZOS &
COLORADO RAILROAD COMP. Survey, Abstract 219, JAMES W. OXFORD Survey,
Abstract 1201 and the GEORGE WHITE Survey Abstract 1751, Tarrant County, Texas
according to the deed recorded in Volume 388-54, Page 8,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 PALLADIUM FORT WORTH
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
KF7T.
L RECORD
CRETARY
STORMWATER FACILITY MAINTENANCE AGREEMENT RTH,TX I
Rev.11/17/2018
WHEREAS, the City requires that on-site Stormwater Management Facilities
("Facility") as shown on the Plan be constructed and adequately maintained by the
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 "U', 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.
STORMWATER FACILITY MAINTENANCE AGREEMENT 2
Rev.11/17/2018
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
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
STORMWATER FACILITY MAINTENANCE AGREEMENT 3
Rev.11/17/2018
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, 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.
STORMWATER FACILITY MAINTENANCE AGREEMENT 4
Rev 11/17/2o18
[SIGNATURE PAGE FOLLOWS]
Executed this V'-'day of 2017
820/30 Interchange,Ltd
By: 820/30 Holdings, LLC
a texas limited liability company
it's general partner City of Fort Worth
Name: Mark Foster Jesus J. Chapa
Assistant City Manager
Title: Manager
Approved as to Form and Legality
14 U 0 all
Assistant City Attorney
A T
AA&C: /Z
FORT
o
ity Secretary
OFFICIAL.RECORD
CITY SECRETARY
F7. lPYORTH,TX
STORMWATER FACILITY MAINTENANCE AGREEMENT CJ
Rev.11/17/2016
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on 7) -LD1 x017 by
Jesus J. Chapa, Assistant City Manager of the City of Fort Worth, on behalf of the City of
Fort Worth.
LINDA M, HIRRLINGER
t Notary Public,State of Texas
N,:' l.•;, Comm. Expires 02-02-2018Notary Public, State of Texas
%vrF•..tip+.
°;,,�•`` Notary ID 12414474-6
STATE OF TEXAS §
COUNTY OF -f l-a✓1 §
Befor me, the undersigned authority on this _ day of
2017, personally appeared Mark Foster, Manager of
82673-6 Holdings, LLC, general partner of 820/30 Interchange,Ltd.,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 820/30 Interchange, Ltd, and that he executed the same as its
Manager and as the act of such 820/30 Interchange, Ltd. and for the purposes and
consideration expressed in the fro^e�oi n trument.
LL
l...pV'�i, MATTHEW DENNIS KARKOS
jNotary Public,State of TexasComm. Expires 05-09-2020�����„�.� t4otary ID 130653050 otary Public, State of Texas
STORMWATER FACILITY MAINTENANCE AGREEMENT 6
Rev.11117/2018
Contract Compliance Manager
By signing I acknowledge that I am the person responsible
for the monitoring and administration of this contract, including
7 e uring all performance and reporting requirements.
U La4+
Janie S. Morales
Development Manager
JOHN B.FOSTER
(;�
VOL. 15662,PG.414
D.R.T.C.T.
GRAPHIC SCALE 1*=60' POINT OF BEGINNING
Ml 30 0 30 60 N:6956905.60
E:2280434,55 POINT OF COMMENCING
NAD 83, ZONE 4202 (GRID) N:6956906.83
E:2281157.15
NAD 83, ZONE 4202 (GRID)
N89054'08"E S0005'52"E S89*5408"W
63.29' 15.00' _ 722.60'
— — _89°54'08'_E_149.37 — —
lu 112'CAPPED IRON ROD FOUND
1 N STAMPED'JBI"AT THE
N NORTHWEST CORNER OF
to
A 48002'46" LO 4
o WYNHAVEN AT W STPOINT
R 298.18' I cn CAB.A,SLIDE 12389
P.R.T.C.T
L 250.04
T 132.90
Ch B NO2057'22"E
Ch L 242.78'
/
820130 INTERCHANGE,LTD. VARIABLE WIDTH Go� PROPOSED LOT 1
INST.NO.D204389104 I DRAINAGE EASEMENT SIENNA HILLS(PENDING)
TRACT THREE,49.747 ACRES .37 AC. 12.03 AC. �.
C.C.R.T.C.T.
0 5021'54" (59530 S.F.)
/
R 701.82' N
L 65.72 / S1 052'49"W
T 32.88
Ch B N24°17'48"E ¢ F-45.76'
Ch L N240 / JAMES W. OXFORD SURVEY'
ABSTRACT N0, 1201 S4040'48"W
TARRANT COUNTY, TEXAS /^'45.54'
!S89°54'08% 246.60' �;
. t
/ CI�.f EES F ST
Fir.,': ., ..�•, :�C;
PROPOSED LOT 2 4 L J
SIENNA HILLS(PENDING)
3.46 AC.
Exhibit"A" PAN=No32D-OW
1�armn'sr .k`sw STORM WATER FACILITY MAINTENANCE AGREEMENT
-r.�. OIf1E 11/13/17
.':''}::.:^a•c F,-w rd,suiH,°o. Situated in the tE't
Fr 8 78132
9,9 4 JAMES W.OXFORD SURVEY,ABSTRACT NO. 1201 1 //�
n 2;®r�7s�e,a� 1 O F L
�n:��,.;c.-..F-,�rxy
rrla4 c•_rci
"`'ftI Tarrant County,Texas
STORM WATER FACILITY MAINTENANCE AGREEMENT
BEING a 1.37 acre tract for Storm Water Facility Maintenance Agreement,situated in the JAMES W,OXFORD SURVEY,Abstract No.1241,
Tarrant County,Texas,being over,under and across a portion of that certain tract of land described in deed as Tract Three to 820/30 Interchange,LTD,
recorded in Instrument No.D204389104,County Clerk's Records,Tarrant County,Texas,said Variable Width Drainage Easement being more
particularly described,as follows:
COMMENCING at a 1/2"capped iron rod found Stamped"JBI"in the north line of said 820/30 Interchange,LTD,being the south line of that certain
tract of land described in deed to JohnB.Foster,recorded in Volume 15662,Page 414,Deed Records,Tarrant County,Texas,said 1/2"capped iron rod
found being the northwest corner of Block 1,Lot 1,WYNHAVEN AT WESTPOINT,an addition to the City of Fort Worth,Tarrant County,Texas,
according to the Plat recorded in Cabinet A,Slide 12389,Plat Records,Tarrant County,Texas,said COMMENCING point having a NAD 83,State
Plain,Zone 4202(Grid)coordinate value of NORTH:6956906.83 and EAST:2281157.15,for reference;
THENCE S 89054'08"W,along the common line of said Tract Three and said James B.Foster tract,a distance of 722.60 feet to a point at the POINT
OF BEGINNING of the herein described Variable Width Drainage Easement,said BEGINNING point having a NAD 83,State Plain,Zone 4202
(Grid)coordinate value of NORTH:6956905.60 and EAST:2280434.55,for reference;
THENCE S 00005'52"E,leaving the common line of said Tract Three and said James B.Foster tract,a distance of 15.00 feet to a point;
THENCE N 89054'08"E,being a distance of 15.00 feet south of and parallel to the common line of said Tract Three and said James B.Foster tract,a
distance of 149.37 feet feet to a point at the northeast comer of the herein described Variable Width Drainage Easement;
THENCE along the east line of the herein described Variable Width Drainage Easement,as follows:
S 00°05'52"E,a distance of 64.25 feet to a point;
S 14054'08"W,a distance of 69.74 feet to a point;
S 15°05'52"E,a distance of 66.81 feet to a point;
S 01°52'49"W,a distance of 45.76 feet to a point;
S 04°40'48"W,a distance of 45.54 feet to a point at the southeast corner of the herein described Variable Width Drainage Easement;
THENCE S 89054'08"W,a distance of 246.60 feet to a point at the southwest corner of the herein described Variable Width Drainage Easement,said
point being the beginning of a curve to the right,whose radius is 701.82 feet and whose long chord bears N 24°17'48"E,a chord distance of 65.69 feet;
THENCE along the west line of the herein described Variable Width Drainage Easement,as follows:
Along said curve in a northeasterly direction,through a central angle of 05°21'54",an arc distance of 65.72 feet to a point at the beginning of a curve to
the left,whose radius is 298.18 feet and whose long chord bears N 02°57'22"E,a chord distance of 242.78 feet;
Along said curve in a northeasterly direction,through a central angle of 48°02'46",an arc distance of 250.04 feet to a point at the northwest corner of
the herein described Variable Width Drainage Easement,in the common line of said Tract Three and said James B.Foster tract:
THENCE N 89054'08"E,along the common line of said Tract Three and said James B.Foster tract,a distance of 63.29 feet to the POINT OF
BEGINNING and containing 1.37 acres(56,530 square feet),more or less.
1P�E OT FT f t9
NOTES: moi,•4G 90
1.)BEARINGS&COORDINATES SHOWN HEREON ARE •CHARLES F. STt RK
REFERENCED TO THE TEXAS STATE PLANE -••••
COORDINATE SYSTEM,N.A.Q.83 DATUM(TEXAS5Q$a,
NORTH CENTRAL ZONE 4202)DERIVED FROM '90� Cyt;
RESOLVED OPUS SOLUTIONS. 9jy0 lJ
0 Exhibit"A"
PRgJE(T Na. 370-93Bfi
BaSTORM WATER FACILITY MAINTENANCE AGREEMENTWE P
3 7
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GRAPHICSCALE
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NHQRID 6T CRARLES F. 5735P.E.
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Exhibit"B"
sm"n" to STORM WATER FACILITY MAINTENANCE AGREEMENT E�No. 3 _a,
DATE, NN.I017
FU21on Worth. a.ulxaro.Su.;{e,�Q Situated in the
Fon wo31' Teas 's'a2 JAMES W.OXFORD SURVEY,ABSTRACT NO. 1201 `
{O)tl17,231.tl9 QQ (FJ 917.27,.R14e
Texas 11egatered ErpUre 1%F7,Texas Regisleeare"Co Suerlwa y Fl0'lZ'Z
1 O F 4Tarant County,Texas
STORM G
TOP POND 759.0
760 -� 760
100YR W.S.E.757.90
- - - - - - - - - - - -
BOTTOM POND l
6"CONCRETE RIP-RAP
750 emotion=0+85.13 750
TAPER RCP END AT 15.0% 4'X41 CONC BOX
SLOPE W/ 27° DIA. ORIFICE
J100 YR W.S.E. 746.04 / FL ORIFICE-752.00
EXIST� UND � TOP=757.90
�� 81 LF
27" RCP @ 1.00%
Station=0+83.13
Station=0+00.00 FL =746.03
FL=745.20
740 740
L 18"THICK STONE RIP-RAP SCALE
SEE PLAN VIEW FOR WIDTH
VER. 1" = 4'
735 HOR. 1" = 40' 735
0+00 1+00 �E OF TF
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CHARLES F. STARK
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POND OUTFALLUs E OF THIS ELECTRONIC SEAIfSIGNATURE
AUTHORIZED BY CHARLES F.STARK, P.E.
TEXAS REGISTRATION NO.57357
Exhibit"B"
.01 -Swift STORM WATER FACILITY MAINTENANCE AGREEMENT PROJECT No. 320-9386
D
Situated in the ATE: NOV. 2017
6221 Southwest Boulevard.Suite 100 SHEET
Fort Worth. Texas 76132 OXFORD SURVEY s1F1 17.231.8100 817.231.8144 JAMES W. ,ABSTRACT NO. 1201
Tex 12 0
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Texas Registered Engineering Firm F-70998 11
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USE aF THIS ELECTRONIC 5 SIGNATURE
AUfHORIZEC BY CHARLES F.STMK,P.E.
TEXAS REGISTRATION N0, 57357
D Exhibit "B"
Fa✓,1JECT Wa. 320-9386
sa wm STORM WATER FACILITY MAINTENANCE AGREEMENT
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Situated
Hbv'.2917
Situated in the
6221 5-0—aot g-d—N.Su11e 100 SHEET
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27.0'
TOP OF WALL/POND=759' V HWL WSE=758.5' TOP OF WALL/POND=759'_
Y 100YRWSE=757.9' 2.0'
N
C14
130TTOM POND 752.0'
OUTFALL PIPE & SPILLWAY
.............
L yr
WO yr
44.1 fS
Peak inflow: 56.6 85.1
Peak Outflow: 22.7 34.2 100.0 cfs
Inflow Vol: 3.1 5.7 11.9 ac-ft
Discharge Vol: 3.1 5.6 11.7 ac-ft
Peak Storage: 1.0 1.7 2.5 ac-ft
Peak Elev: 755.1 756.4 757.9 ft
TOP Elev: 759.0 759.0 759.0 ft
CHARLES F. STARK
.......................
b 57357
0 1 STOS
USE OF THIS EUECTROMC SEAL/SIGNATURE
AUTHORIZED BY CKARLFS F. TARK,P.E.
TEXAS REGST.171C14 tiQ 51151
Exhibit"B" PRWECT No, 320—M
B&rv0n-StWk-8wm STORM WATER FACILITY MAINTENANCE AGREEMENT
'yWe Situated in the DATE: NIX 2017
6221 SwIh�st SoWevvo,$vI*—100 0 c' SHEET
Fom Woth. Tc.ao 76132
(0)61T23i.8iDD �F)917,231,0144 JAMES W. OXFORD SURVEY,ABSTRACT NO. 1201
T: Regi We dEngi—gFi"F-10M 40F4
Texas Fbgv—d Survey FM F-I 0159W Tarrant County,Texas
—k--t-kstark. I
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. 1/17/2016
Exhibit "D"
Stormwater Structural Maintenance CHECKLIST
FREQUENT REPAIRS 11 REPAIRS
INSPECTION DATE REQUIRED MADE NOTES
Mewing __
Remove Trash and
debris
Inspect irrigation
system operation_
Remove grass
clippings
Violations Noted
MINOR
INSPECTION
Condition of Pond
Amount of silt in
,pond
Amount of silt in
flume
Amount of ponded
water
Amount of wetland
ve etation
Location of Erosion
Percent of
vegetation
Condition of trash
guard
Location of Erosion
MAJOR
INSPECTIONS
m
Condition of
Stormwater Quality
Structure
Type of Stormwater
Quality Structure
Structure type and
Condition
Condition of Rip-
Ra
STORMWATER FACILITY MAINTENANCE AGREEMENT 9Rev.11/17/2016
Condition of
filtration system_
Berm or
Embankment
Settlement
Location of erosion
Evidence of
Animals
Evidence of Aquatic
life __
Condition of
Aeration
Foundation
STORMWATER FACILITY MAINTENANCE AGREEMENT 10
Rev.11/17/2016
FOR' WORTH FMW_:y a ,
INSPECTION CHECKLIST FOR SIMPLE DETENTION BASIN � h° 8^! er
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