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HomeMy WebLinkAboutContract 52249 CITY SECRETARY CONTRACT NO. DOE # pp�30 2�19 STORMWATER FACILITY MAINTENANCE AGREEMENT G\�SECS THIS AGREEMENT, made and entered into this day of April 15, 2019, by and between Shell Coast, Inc., acting by and through Brian Thornton, 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 2.222-acre tract located in the John F. Heath Survey, Abstract 641, Tarrant County, Texas according to the deed recorded in Instrument No. D219075530, 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 RaceTrac 1332 Dirks & Granbury 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 EFT. L RECORID STORMWATER FACILITY MAINTENANCE AGF.EEMENT CRE 6ARY Rev. 11/17/2016 RTI-I, TIC 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 this day of 2011. Landowner City of Fort Worth Name: Brian Thornton Jesus J. Chapa Assistant City Manager Title: Vice President Approved as to Form and Legality &M/I 16L I 11-AA1,1 ssistant City Atto ey ATTEST City Secretary r G `t . ®FFEC:LRvi v,,STORMWATER FACILITY MAINTENANCE AGREEMENT CITY y Rev.11/17/2016 FT: W ') STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on X/7 by Jesus J. Chapa, Assistant City Manager of the City of Fort Word, on behalf of the City of Fort Worth. AIARIAS.SANCHEZ -•: ' '' ary ID#2256490 No Vtry Public, State of Texas i�TE •;�+'' Expires December 19,2021 STATE OF TE- Ceo%f c` § COUNTY OF TAPAANT Cc ,cb § Before me, the undersigned authority on this 1 cj day of ( �t� 204 personally appeared Brian Thornton, Owner,vtce ?(es,*e-lek-4 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 C and that he executed the same as its and as the act of such e—v-\k and for the purposes and consideration expressed in the foregoing instrument. R�`••.'��: otary Public, State of Texas EXPIRES GEORGIA 's AUG 7.2020 = _ h \ ` OFFICIAL RECORD CITY SECRy�E,yTARY' STORMWATER FACILITY MAINTENANCE AGREEMENT FT. WORTH,XX 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 II OFFICIA➢. RECORD CITY SECRETARY FT. WORTH,TX EXHIBIT "A" INSERT LEGAL DESCRIPTION STORMWATER FACILITY MAINTENANCE AGREEMENT 7 Rev.11/17/2016 a .} •C• s a 'bgg y 1� f� e E •.�(.;s/� V � 3♦ �* � � � � �� C G � yy�y�.3�(�j o� �� � y.Q. r � t7 ��s F'� .1 �/��7 ^ F .m F 1�� p:f$�aZ'�, � O x a y. ' .€ F ipp�2 yrr � $ aq C go! She �Y�^ ! !`} $C��pp Sq, {y. EQF € `�_ � �.'i 6YEg� ,�,� •Z O �5;I. N 9� a i ii F 0 aCE.Ziz 1 H EFai is Hi � �3��i �� �$ a z"� $ e ���{ _�� � a�r-i m�'p 0 g �F a �` c pe AMR Sa q�t 4a�J Q � ' c gi s z Z 0 FN W z m C� 5g ig C 3�.a ;r § 5q ;lg; ';� }� v H a € s ip 11hhf y 111 q Qa key ��0 cp r= v D a d a j' .Y y o 4 F P l < . 9 iq t' c w p 11aNO. ��i cM3yiE G YY is aKei iz is BFg Pepl y stdtq $ Pik 5sl 2<5F rtd pp y MtfiGE1a0, 4 i' ■��w� FD�rt�F eg $ B s,. F6. «�.0 cE E.. 9 A. 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Z) , i m Co IT _ / o � _ ' l i�; , :ram: �✓ 0 Proposed Pond POND CALCULA TIONS Elevation-Discharge Table REFERENCE iSWM REPORT PREPARED BY KCE ENGINEERING, LLC Principal Emergency ON NOVEMBER 5, 2078 FOR HYDRAULIC ANALYSIS. CONTACT.- CLINEYT ERBATUR, PE Elevation Weir Weir Total PHONE. 817-896-7730 (ft) (cfs) (cfs) (cfs) 783 0 0 0.00 783.5 0.02 0 0.02 784 0.13 0 0.13 784.5 0.34 0 0.34 785 0.71 0 0.71 785.5 1.24 0 1.24 786 1.95 0 1.95 786.5 2.86 0 2.86 787 4.00 0 4.00 787.5 5.37 0 5.37 788 6.99 0 6.99 788.5 8.87 28.57 37.44 789 11.02 40,40 51.42 Proposed Pond Elevation-Area-Table Elevation Area Area Inc. Vol. Cum. Vol. (ft) (sf) (acres) (acre-ft) (acre-ft) 783 11.5 0.000264 0 0 784 1385.4 0.031804 0.016 0.016 785 2640.3 0.060613 0.046 0.062 786 3966.4 0.091056 0.076 0.138 787 5396.0 0.123876 0.107 0.246 788 6930.8 0.159109 0.141 0.387 789 10921.2 0.250717 0.205 0.592 SHEET TEL zu,.z95S!/S RACETRAC DIRKS EX 5500 ALTAMESA BLVD. EXHIBIT B URBAN SCALE: FORT WORTH, TEXAS STRUCTURE 814o Walnut Hill Lane,Suite 905 Dallas,Texas,,2 N.T.S F�ae nmor aF_3an5 / I / CONNECT TO EX 24" STORM l INSTALL: / (1) 15" 45' BEND I EX FL 24"=776.96f 34 X 15" RCP 0 10.61Z ( FL 15'=777.71 SEMENT EX�SD-0145, SH5)) ST 3'-- — ---\--- (�o�.f2��6996ApG474 J 5.°RAINAGE , 77711 STA Ot42.32 ST-3" (toe'1 EA 217 a INSTALL: / rcw p (1) 15" 45' BEND STA Ot17.00 ST-3" FL 15"=780.93 INSTALL: (1) 15" 45-BEND FL 15'=778.24 CHAIN LACK WNYLI �N LINK FENCE 1 x / 40?AREA BYTPLA EASEMENT TOGS STA O+61.88 ST-3" 14 -245-4645 INSTALL: I ^ �°� 790.37 / bodo l-omLoo'" (1) MOD/F/ED 4 X4' ✓B �� 0 ��' 18' STORM DRAIN W/ WYE INLET TOP ^° (SEE SHEET C6 AND (REF DETAILS) C6.1 FOR PLAN AND / : x I PROFILE) ' 78617 / 10' WIDE i x x TOP OF BERM 10' W10E TOP OF BERM A � � Q� I IA SWALE ® 1I009to ' ! x ( ) " A I I I I I I I w¢ I oNw 786.35 I / i N 3 o k x — ( I I I woa (Z I I • I I I r --- jz � I I I II � ___L ......�-- -- ..•I . '...... /I i� • I 2' CONC. FLUME I F I! pn 111 M I I l , I I M - _ DETENTION AREA x b86,95 ACCESS EASEMENT_ 12" STORM DRAINI (SEE SHEET C6 AND C6.1 FOR ..6......�� \ `\— PLAN AND PROFILE) ------------------ -------------- - —� \ ACCES EASEMENT SHEET TEL.214.295.5775 RACETRAC DIRKS EX 5500 ALTAMESA BLVD. EXHIBIT B URBAN SCALE: FORT WORTH, TEXAS STRUCTURE Dallas,Texas 75z3z N.T.S mRe In o F-,,6 800 800 0 795 1-1 a -) 1 795 o W � Zti Z _Z11= d O O Q Z o Q h j J c o Q �1UZ�.Lki1 \� I 790 Wiz: ��,^ ;z�3 790 EX GRADE 4 LONG CL OF PIPE 785 FINISHED GRADE A ONG 785 100 R hcL EX. 24" RCP i 780 PARTIAL FLOW �� �i 780 rIQCAP=21.05 E 54"' RCP � 15" R P 1 .619 AL FLOW 775 � / .990 CFS 775 CFS01 Vioo=15.24 FPS O o n N D=0.50' Q) N N h II ,II ,II 770 J J 770 INSTALL 50 LF OF 15'" RCP W/ EMBEDMENT PER MANUFACTURER'S SPEC Of 00 Of 75 ST-3 SHEET TEL 114.295.5775 RACETRAC DIRKS EX 5500 ALTAMESA BLVD. EXHIBIT B URBAN STRUCTURE SCALE: FORT WORTH, TEXAS 8140 Walnut 1-11I Lane,Suite goy Dallas,Texas 75231 N.T.S Firm Re i_t—#F:,65 40 10' TOP OF BERM=789,10 10, - —111-11 100IR WSE=788.10 El I El :7 —11114 1 El I — —— — — — - Z- El I MI I =1 I Ed I El I Ed 1 11 1=1 I IE1 I I I—El CAQ II El I 1=1 —I I IEEI I 1=1 I IEEI I El I =1 I M I I-i 11=1 FL-78J 00 SWALE @ BOTTOM OF POND @ 1.009 IEEI I I I I=I I I I I- SECTION A-A N TS 10' TOP OF BERM=789.10 WEIR S TRUC TURE 10, loom WSE=788.10 — ——— —— —— —— -- SWALE 0 BOTTOM OF POND @ 1.007. =1 I IE1 I 1=1 I F 1;" OUTLET PiPE_j,__, =1 I IE1 I 1=1 I 1=1 FL=783.00 El I E-Ej I 1=1 I 6EP�j —I I =1 I IEd I M I I— 1 1, (S SECTION B-B TOP=789.00 N TS 6 WYE INLET TOP E (FOR TERRA OR LEV=788.00 APPROVED EQUAL) wi 4'X4' JUNCTION BOX (FOR7ERRA OR APPROVED EQUAL) 15" OU7LET PIPE FL=78J.00 WEIR SECTION FOR 4X4' JUNCTION BOX N TS SHEET M4.295.5W5 RACETRAC DIRKS EX 5500 ALTAMESA BLVD. EXHIBIT B URBAN & STRUCTURE SCALE: FORT WORTH, TEXAS 8i4o Walnut Hill Lane,Suite goS ,�,alla's,:ex2s 75231 N.T.S I I , _-,OF i3,65 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 guard Location of Erosion MAJOR INSPECTIONS Condition of Stormwater Quality Structure Type of Stormwater Quality Structure Structure type and Condition Condition of Rip- Rap 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 10 Rev.11/17/2016