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HomeMy WebLinkAboutContract 50082 CITY SECRETARY RECE\vED CONTRACT NO. Ci N sEc* STORMWATER FACILITY MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this day of , 2017_____11 by and between High Point Holdings of Fort Worth, LLC, acting by and through Mike Morley, 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 10.0 acre tract located in the G. Herrera Survey,Abstract No. 2027, Tarrant County, Texas according to the deed recorded in Instrument No. D217027632, 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 High Point Academy 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, its successors and assigns, the location and dimensions of which is shown and STORMWATER FACILITY MAINTENANCE AGREEMENT OFFICIAL, RECORD Rev 3/2/2017 CITY sEC�w Ry FT. Wo RTHI TX 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 of inspection is to follow-up on reported deficiencies and/or to respond to STORMWATER FACILITY MAINTENANCE AGREEMENT 2 Rev 3/2/2017 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 Cate. 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, ITS AGENTS, SERVANTS AND STORMWATER FACILITY MAINTENANCE AGREEMENT 3 Rev 3/2/2017 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 3/2/2017 Executed this 8th day of November 2017. Landowner:High Point Holdings of Ft.Worth,LLC City of Fort Worth By:American Charter Development,LLC,Manager LZ Name Mike l) rley Jesus J. Chapa Assistant City Manager Titl M er Approved as to Form and Legality !; Assistant City Att ey A ST Z44a-/9 ity Secretary 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. D.J. Harrell Development Services Administrator OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX STORMWATER FACILITY MAINTENANCE AGREEMENT Rev 3/2/2017 STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on 6"WIVi k, J� 7 by Jesus J. Chapa, Assistant City Manager of the City of Fort Worth, on behalf of the City of Fort Worth. -"`'.°psi% MARIA S.SANCWE7 My Notary ID#22WW expires pecember 19,2021 Nota Public, State of Texas 'n6 YAG.: emxp STATE OF UTAH _ § COUNTY OF UTAH § Before me, the undersigned authority on this 8th day of November , 2017, personally appeared Mike Morley,Manager of American_Charter Development,LLC which is the Manager of High Point Bolding-,of Ft Worth LLC , known to me to be the person whose name is subscribed to the foregoing instrument. and aekfiewledged to ffle that the sate is the aet Of and that he e*eetAed the mme as it-s1 and as the set ef and for the JENNIFER L i N D blic, State of Utah 5 NOTARYPUBLIC-STATE OF UTAH °COMMISSION#674465 COMM, EXP. 02-01-2018 STORMWATER FACILITY MAINTENANCE AGREEMENT 6 Rev 3/2/2017 O r D AM.P.,So Ir 77 ---- --------------------------- Vo.01=7N loin 47'..V'7�, FIR4 PLAT EXHIBIT "A" FINAL PLAT- DRAINAGE EASEMENT CLOSELIP ENT— — — P.R.T.C.T. 1/2"IRF 831.54'—(831.40'PLAT) 15' 1" 1/2"IRF— — 711- - - - - 15'x22.5'WATER LINE ESM'f u.l 15'WATER LINE ESMT TO THE VOLOF FORT WORTH UME 16691 PAGE 190 ti I I D.R.T.CT. I O H I { I 10'WATER LINE E PER I I I I i PARK WEST AD VOLUME 388-173, P.R.T.CT I I I I I _ I •�G. I j { ' I I , I I I I I I I ••••.. 15'SYER IJ r EASEMENTEMENTTOO THE +I CIT/OF FORT WORTH ( I I I 11 1 r VOLUME 7101,PAGE 809 I w D.R.T.C.T. I I { w l f y IW c as PRIVATE DRAINAGE EASEMENT• •' •• I I N { F •(DETENTION POND) t w C N =• I I I W I Ile— I I I s 114 I IRF I N I Ibr , IH • �� i .S4 I`( — — — — — — --� S—U.E.— — — — — s89*1 1'33"w= — =1n -M ._.. _ .... - ...... _._ _ II ss- - - - - - - - - - - - - - - - - - - .- - J STORMWATER FACILITY MAINTENANCE AGREEMENT 8 Rev 3/2!2017 EXHIBIT "B" DESIGN CALCULATIONS PRE PROJECT PRE PROJECT Drainage Area C Ta 1-Yr I 5-Yr f 100-Yr I 1-Yr 0 5-Yr O 100 Yr O Area Ac Area rte Area dAc) A.^u.I W > eighted Area/Pt ac (min) (inthr) I (inthr) (cfs) (cfs) 0.30 060 1 0.70 0..?0 C OS-Aa 677 068 10.00 406 5 74 9 Z4 1866 26 39 42.48 0 00 1 44 533 0 DO 0.68 OS-Ab 9.07 0.60 15.00 3.72 486 7 98_ 18 07 26.45 43.41 0 DO 4 07 0 00 �0"�}0__ 0.60 A 10.00 032 10 00 4 OS S.T4 9 2d 13 08 1850 29 79 963 000OI 00 0.37 0.32 GS-Aa+OS-Ab+A 25.84 0.51 1&70 2.44 d.38 7.26 38.94 58.05 96.3 ` ULTIMATE Drainage Area Tc �406 Yr I 5-Yr I 100-Yr t 1-Yr 0 5-yr O 100-Yr 0 Area(A �L .. A. a =�(Ac1,Weighted Area7Pt ac 0 (min) lhr) in,'hr) (inihr) cfs (cfs` (cfs` 7 air 0S-Aa 6.77 0.68 10.00 . 5.74 924 18.65 2EOSAb 9.07 060 15.00 .32 4.86 798 18.07 20.45 43 41 __ n A 907 0 a4 1000 4.06 5 74 924 3094 43 76 OS-Aa+OS-Ab+A 24.91 0.71 16.28 3.17 1 468 7.71 56.05 82.84 136 14 _ B 0.93 0.30 10.00 4.06 1 5.74 9.24 1.13 1.60 1 2.58 R uired Dention Stor a Volumes bX iSWM Equations 1.1.26,.27,.28a.and 28b Frequency a b C Td V reliminary P180 P,! VT 3X VmaX (acres) s) ! (min) (min) ft"3 (in)_ _ ." ac-ft 1-Year 95.835 13.425 0.71 1 " '`24 19,646 1 T 00 0.83 5-Year 170.81 19.435 0.71 •t 13 31 900 2' 58 900 1.35 100-Year 322.07 24.388 0.71 21 •1 ' ' - 109 500 2.51 Actual Detention Storage Lnurnes Abwed Required Storage Water Actual Actual 0/ Actual Actual S/ Freq. Dische Surface Discharge 0 Allowed 0 St S Required S cfs ac-ft) (ft'3) (elev) (cfs) 1M3 1-Year 37.80 0.83 36,000 736.31 37.80 10096 61!234 0 170% 5-Year 56.45 1.35 58,900 736.58 56.43 100% 80 136% 100-Year 93.72 251 109,500 737.00 93.65 100% 1101 101% Pond Outlet U/S Flow Line 734.00 O/S Flow Line 733.90 Number of Pipes 3.0 Diam.of Pipe(in) 180 Length(ft) 47.00 Material Concrete Shape Circular End Square Edge n 0 013 Gravity(g) 32.2 Ke 0.7 K 0.0098 M 2 c 0.03987 Pond Weir Outlet Y 0.67 U/S Fbw Line 736.110 Correction -0.5 Width 21.50 Form 1 Weir Coefficient Co 2.75 Staga Volume-Disch rge Rating Table Elevation Storage Pipe Pipe Weir Weir Total (ft) Storage(ft) (-_ft) Discharge Velocity Discharge Velocity Discharge (cfs) (fps) (cfs) (fps) (cfs) 734-00 0 000 0.00 0.00 0.00 0.00 0.00 735.00 7,431 0.17 6 81 1.28 0.00 0.00 6.81 736.00 39,257 0.90 2388 4.51 0.00 0.00 23.88 737.00 1 110,298 2.53 34.76 6.56 59.13 275 93.89 737.36 149,133 3.42 38.05 7.18 9372 1 321 131,77 738.00 218.317 501 43.40 8.19 167.23 1 389 21063 If culvert is blocked,the water surface would be 737.36 using the 100 year allowed discharge_This provides a 0.64'freeboard in the detention pond - STORMWATER FACILITY MAINTENANCE AGREEMENT 9 Rev 3/2/2017 EXHIBIT "B" SCHEMATIC PLAN— PLAN VIEW PRNATE'JRNNACE EASEMENT o; 1.00 r v` r I I 17 i 1 t ( t t ( A i t fu-YEA m ✓ WSE _ .4i4'J !✓ S 1 j 7 13.Go ,i FL a ac ( SEE?aaEi:"ca,3�'}T;,ck aE'A:t j I ( -EADWAci I EEL ELM I. ! t SEE St+EEi t8,00 8.()0 + t IckfTE K ,a•Nex I. PCC4P RAP o STORMWATER FACILITY MAINTENANCE AGREEMENT Rev 3/2/2017 110 EXHIBIT "B" SCHEMATIC PLAN-CROSS SECTIONS A& B �-F�EN NT UNE PROPERTY LNE� (� TOP OF WALL/BE �I 100 YEA ELEV.-736.00 740 '`IM9E-a 737.00 �` 4 I I � � PROPOSED SURFACE EKL4NRCl SURFACE I I 730 0+00 1+00 2+00 3+00 4+00 CROSS SECTION A—A /-PRaPERfY LNE E4SEMENT UNEP I PROPERTY LNE� I/ y 1.1 TOP OF V7ALLISERY E)QS I 740 .. - ELEV. 739A0 100 YEAR SURF I W45-737.00 I PROPOSE I I SURFACE I 730 0+00 1+-- 2+00 3+00 4+00 5+00 5+50 CROSS SECTION B—B SCHEMATIC PLAN-OUTFALL STRUCTURE TOP Of WALL 714- ,STOP OF SNCL x100-YR BI.00KEO RPE OUTFALL ELEV.- 30.00 ELEV.-737,00 STRU CLARE WSE-737.3E WSE 137.00 j N TOP OF A F ELE, 73E.00 "eCONL.HEADWALL FL ELEV.E7 734.0' ELEVATION VIEW OF OUTFALL STRUCTURE SEE SHEET MOO FOR DETiLL iop OF WALL7/Z!DW� TOP OF WALL/9ERM 700-YR BLOCKED RPE OUTFALL ELEV.-73E.00 ELE': -737.90 STRLICTURE WEE .37.36 100-YR ASE 37 00-- ROP 0 4EIR ~�' ... ELEV 736.00: rw � Z l (3) 1 E RLP PIPES � INSIDE BERM L(3)lE"4:1 FEADMIAUS It19'TM[X 'GOND.fEPdMP.LL _ FL ELEV.=734.00 ROCK RP FAR FL ELEV -?3390 SEE SkM 06..00 FOR DETAIL SECTION CUT STORMWATER FACILITY MAINTENANCE AGREEMENT 11 Rev 3/2/2017 A N O—f Ems g 1 SUBMPI4'AL L m D •• 1 I __. g CLASSROOM BUILDING .. iff T_.nE � �_WYW,WtlBnNNIWPY�e1 �! { v I Z ,w N 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 13 Rev 3/2/2017 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 MAJOR INSPECTIONS Structure type and Condition Condition of Rip- Ra Berm or Embankment Settlement Location of erosion Evidence of Animals Evidence of Aquatic life STORMWATER FACILITY MAINTENANCE AGREEMENT 14 Rev 3/2/2017 Contract Compliance Manager By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract,including ensuring all perfo-M..0 ice a.:d reporting requirements. Janie S. Morales Development Manager