HomeMy WebLinkAboutContract 51163 CITY SECRETARY 5 b 3
CONTRACT NO.
DOE #
STORMWATER FACILITY
MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into this day of ST
by and between TXI Operations, LP, a Delaware limited partnership, acting by
and through TXI Operating Trust, its General Partner, 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 23.633 acre tract located in the J.W. HAYNES Survey, Abstract NO. 789,
AND J.B. JOHNSON SURVEY, ABSTRACT NO.855, AND BEING A REVISION OF
LOT AR-1, BLOCK 2 TEXAS INDUSTRIES ADDITION NO. 2 Tarrant County, Texas
according to the PLAT recorded in CABINET A, SLIDE 7186, PLAT 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 FORT WORTH CEMENT BATCH
PLANT 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
t hat on-site Stormwater Management Facilities be constructed and maintained on a portion
a� f the Property; and
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�9 11/17ATER FACILITY MAINTENANCE AGREEMENT CITY:iECIa���'�:ct'�.
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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 "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.
STORMWATER FACILITY MAINTENANCE AGREEMENT 2
Rev.11/17/2016
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.11/17/2016
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.11/17/2016
[SIGNATURE PAGE FOLLOWS]
Executed this day o 2(Y
Landowner: TXI Operations, LP, City of Fort Worth
A Delaware limited partnership
Jesus J. Chapa
By: TXI Operating Trust, Assistant City Manager
Its General Partner
By: 7oved as to Form and Legality
Name:
r �
Title: Assistant City Attorney
ATTEST
City Secr
M&C: N � V3,
1295:-------------
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STORMWATER FACILITY MAINTENANCE AGREEMENT CITY!.-�ECF1�jA><re Qr
Rev.11/17/2016 FT.VU 1 1TT`2 Tit
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on &eA ;LT, XA by
Jesus J. Chapa, Assistant City Manager of the City of Fort Worth, on behalf of the City of
Fort Worth.
^" °` h; LINDA M.HIRRLINGER
My Notary ID#124144746
"V of Expires F*b=ry 2,2022 a Public, State of Texas
STATE OF NORTH CAROLINA §
COUNTY OF WAKE §
Before me, the undersigned authority on this u;� day of
2019, personally appeared
77-1-
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
Ty, 1 p , and that he executed the same as its
U aiid as the act of such and for the purposes and
consideration expressed in the foregoing instrument.
�a��iNapN�y�
ti
�•�Q-� Tq�
Notary"Public, State of North Carolina
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8111/1"14410UN-0
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OFFICIAL R-� P
CITY SECRETARY
STORMWATER FACILITY MAINTENANCE AGREEMENT FT•WORTH,T4
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.
Ashraf Ibrahim
Management Analyst 11
i
OFFICIAL R.
CITY rECIR�TAIRIV E
FT. ;� T
EXHIBIT "A"
LEGAL DESCRIPTION
STORMWATER FACILITY MAINTENANCE AGREEMENT 7
Rev.11/17/2016
FIELD NOTES
PRIVATE STORM WATER DETENTION FACILITY EASEMENT
BEING a 2.361 acre tract of land situated in the J. W. Haynes Survey, Abstract No. 789, and
being a part of a tract of land described in deed to TXI Operations, LP, recorded in Volume
13191, Page 252, of the Deed Records of Tarrant County, Texas (D.R.T.C.T.), and being more
particularly described as follows:
COMMENCING at a 1/2 inch iron found for a southwest corner of Lot 2AR-1, Block 2, Texas
Industries Addition No. 2, an addition to the City of Fort Worth, Tarrant County, Texas
according to the plat recorded in Cabinet A, Slide 7186 of the Plat Records Tarrant County,
Texas (P.R.T.C.T.) also the north line of Trinity Boulevard (120' R.O.W.) according Tract 3B City
of Fort Worth recorded in Volume 4405, Page 912, D.R.T.C.T., from which a 1/2 inch capped
iron rod stamped "Brittain & Crawford" found bears South 88 Degrees 36 Minutes 42 Seconds
West, a distance of 895.85 feet to the southeast corner of a called 14.623 acre tract of land as
described in deed to Bonsal American, Inc., recorded in Document No. D212093754,
D.R.T.C.T.;
THENCE North 88 Degrees 36 Minutes 42 Seconds East, along the north line of said Trinity
Boulevard, and the south line of said TXI Operations tract, a distance of 641.98 feet to POINT
OF BEGINNING of the herein tract as described;
THENCE departing the north line of Trinity Boulevard, over and across said TXI Operations
tract, the following courses:
North 01 Degrees 02 Minutes 13 Seconds West, a distance of 88.29 feet to a point
corner;
North 47 Degrees 30 Minutes 08 Seconds East, a distance of 419.45 feet to a point
corner;
North 89 Degrees 06 Minutes 43 Seconds East, a distance of 87.76 feet to a point for
corner in the east line of said TXI Operations tract and the west line of South Norwood
Drive, (80' R.O.W.);
THENCE South 00 Degrees 53 Minutes 17 Seconds East, along the west line of said South
Norwood Drive, a distance of 363.33 feet to the southeast corner of said TXI Operations tract
and the north line of said Trinity Boulevard;
THENCE South 88 Degrees 36 Minutes 42 Seconds West, along the north line of said Trinity
Boulevard, a distance of 401.16 feet to the POINT OF BEGINNING and containing 102,846
square feet or 2.361 acres of land more or less.
Page 1 of 3
Bearing are based on the Texas State Plane Coordinate System, NAD 83, North Central Zone
4202.
2� $/ / S
Eduardo Martinez -(E .OF. T
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Registered Professional Land Surveyor No. 5274 CO.. �'�O."9cP
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JONES I CARTER AR.
EDUARDO MTINEZ. ..
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Telephone 972-488-3880 Ext. 7177 .•,p 5274
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Texas Board of ProfessionaCLandSuweying < ��� �. �
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Registration _No. 100461-o3 � SU?"j
Page 2 of 3
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EXHIBIT "B"
DESIGN PLAN AND SPECIFICATIONS
STORMWATER FACILITY MAINTENANCE AGREEMENT 3
Rev.11/17/2016
Fort Worth Batch Plant
Drainage&Dentention Summary- From iSWM Drainage Analysis
EXISTING CONDITIONS(HEC-HMS)
Existing Runoff(Subbasin:MMSite)
Drainage Area(A) 28.6 Acres
E Time of Concentration(Tj 78 MIN
a
Lag Time(TJ 47.1 MIN
N
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Curve Number(CN) 76.48 Fort Worth Batch Plant
o 100-Yr Existing Discharge 75.8 CFS Detention Basin Summary Table
N 5-Yr Existing Discharge 30.3 CFS Elevation Area Storage Discharge
m
1-Yr Existing Discharge 10.9 CFS (ft) (acres) (acre-feet) (cfs)
3
494.0 0.00 0.00 0.0
m PROPOSED CONDITIONS(HEC-HMS) 495.0 0.12 0.06 10.4
0
496.0 1 0.52 0.38 34.0
o Developed Runoff(Subbasin;MMSite) 497.0 0.58 0.93 43.4
QJ Drainage Area(A) 28.6 Acres
498.0 0.72 1.58 46.6
T Time of Concentration(Tj 27 MIN
499.0 0.80 2.34 49.7
W Lag Time(TJ 16.2 MIN 500.0 0.96 3.21 57.8
v Curve Number(CN) 88.53 501.0 1.14 4.27 64.9
100-Yr Developed Discharge 157.8 CFS
502.0 1.26 5.43 71.3
a 5-Yr Developed Discharge 83.2 CFS
c 1 Yr Developed Discharge 44.6 CFS Outlet Structure 36" HDPE to 36"RCP
Outlet US Flowline 494.0 Feet
Detention Summary(Reservoir:MMBasin) Outlet DS Flowline 493.66 Feet
iv 100-Yr Detention Storage 4.3 Acre-Feet Length 113 Feet
100-Yr Basin Discharge 64.9 CFS
100-Yr Basin WSE 501.0 FEET
3
6 5-Yr Detention Storage 1.4 Acre-Feet
N 5-Yr Basin Discharge 45.7 CFS
t 5-Yr Basin WSE 497.7 FEET
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1-Yr Detention Storage 0.4 Acre-Feet
t 1-Yr Basin Discharge 34.9 CFS
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m 1-Yr Basin WSE 496.1 FEET
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EXHIBIT B
DESIGN PLAN AND SPECIFICATIONS
o
4 DESIGN CALCULATIONS
9
FORT WORTH CEMENT BATCH PLANT J O N E S I C A R T E R
CITYg OF FORT WORTH TEXAS� Tens Board of Professional Engineers Registration Na.F339
s
JUNE 2018 6509 Windcrest Onw,Suite 600•Plano,Tens 75024
972.488.3880
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EXHIBIT B
SCHEMATIC PLAN
g
PLAN VIEW
8 FORT WORTH CEMENT BATCH
8 PLANT
8 J0NESiCARTER
CITY OF FORT WORTH, TEXAS 0 15 30 60
p
i Texas Board of Professional En
JUNE 2018 Engineers Registration no.F-439
OO 6509 Windcrest Orive,Suite 600•Plano,Texas 75014
p 971.488.3880
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15
ATCH EKLSTING
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EXHIBIT B - SCHEMATIC PLAN
PROFILE VIEWS
s FORT WORTH CEMENT BATCH PLANT J O N E S I C A R T E R
CITY OF FORT WORTH TEXAS Texas Board of Profession.Engineers Registration No.F-439
p A 6509 Windcrest Drive,Suite 600•Plano,Texas 75024
JUNE 2018 972.488.3880
Y
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Exhibit "C"
CITY OF FORT WORTH STORMWATER FACILITY
OPERATION AND MAINTENANCE PLAN
The only responsibility the City of Fon`. 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 17
Rev.11/17/2016
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