HomeMy WebLinkAboutContract 54417 09/08/2020 CSC No.54417
DocuSign Envelope ID:OE652AE3-F242-4972-8DE2-52F171OB5C20
8:14 AM
DOE#
STORMWATER FACILITY
MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into this day of September2
2020 , by and between Fort Worth Independent School District, acting by and through
Young Men's Leadership Academy(YMLA), 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 10.6 acre tract located in the Daniel Dulany Survey, Abstract 411, Tarrant
County, Texas according to the deeds recorded in Volume 837, Pages 99, 100, and 102;
Volume 1982, Page 434; Volume 1983, Page 533; Volume 1994, Page 99; Volume 2000,
Page 238; Volume 2001, Pages 146 and 470; Volume 2003, Pages 197 and 358; Volume
2005, Page 462; Volume 2063, Page 103; Volume 3017, Page 353; Volume 3029, Page
245 all in the Deed Records, Tarrant County, Texas, and Instrument Numbers
D215140647, D215140656, D219170075, D219288688, and D220003160 all in the
Official Public Records of Tarrant County,Texas hereinafter called the"Property".
WHEREAS, the Landowner is proceeding to build on and develop the Property
according to the proposed Site Plan/Subdivision Plan known as Lot 11R1, Block 1, J.B.
Gray Addition 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
OFFICIAL RECORD
STORMWATER FACILITY MAINTENANCE AGREEMENT
Rev.11/17/2016 CITY SECRETARY
FT. WORTH, TX
DocuSign Envelope ID:0E652AE3-F242-4972-8DE2-52F1710135C20
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
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
STORMWATER FACILITY MAINTENANCE AGREEMENT 2
Rev.1 1/1 71201 8
DocuSign Envelope ID:OE652AE3-F242-4972-8DE2-52F1710135C20
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
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 necessM 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
oblieation 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.
STORMWATER FACILITY MAINTENANCE AGREEMENT 3
Rev. 11/17/2016
DocuSign Envelope ID:OE652AE3-F242-4972-8DE2-52F171085C20
6. This Agreement imposes no liability of any kind whatsoever on the City. THE
LANDOWNER AGREES TO HOLD THE CITY HARMLESS FROM
I
ANY LIABILITY IN THE EVENT THE FACILITY FAILS TO i
i
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
I
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 I
PROPERTY DUE TO (1) FLOODING OF THE POND AND ITS
BANKS, (2) SLOPE FAILURE OF THE BANKS OF THE POND, OR(3) j
FAILURE OF THE POND OR ITS BANKS TO OPERATE IN A j
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
DocuSign Envelope ID:OE652AE3-F242-4972-8DE2-52F1710B5C20 +{
{
[SIGNATURE PAGE FOLLOWS]
Executed this end day of Sept. 2020.
Landowner City of Fort Worth
i
3
DocuSlg tl by: i
Da na Burghdo(f(Sep2,2o2a :297 CL)II
1
&DS1F8A6498... �A 1M
Assistant City Manager
Title:
Approved as to Form and Legality
Ch-ta R.L°p—Rey-lds(Sep 2,2JA 14: n
Assistant City Attorney
do4annb
bbF aFOR' da d�o°°°° °°°�o.D►c ATTEST
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Pvo o
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Goa °°° °°*" `
d�Il�nEXASopp
City Secretary
STORMWATER FACILITY MAINTENANCE AGREEMENT OFFICIAL RECORD
Rev.11/17/2016 CITY SECRETARY 5
FT. WORTH, TX
DocuSign Envelope 10:QE652AE3-F242-4972-8DE:2-52F1710Et5C20
STATE OF TEXAS §
COUNTY OF TARR.ANT §
This instrument was acknowledged before me on September 3,2020 by
Assistant City Manager of the City of Fort Worth, on behalf of the City of
Fort Worth,
LAURIE Digitally signed by LAURIE
PEQUENO LEWIS
PE UENO LEWIS Date:2020.09.0311:01:54
oPava�e/ LAURIE PEQUENO LEWIS Q -05,00,
a Notary Public
. STATE OF TEXASNotary I.D. 322 NO Public State of Texas
j exas
9�000oFVVVs�+P My Comm.Exp 1 Dec78952 10,2023
STATE OF TEXAS §
COUNTY OF TARRANT §
Before me, the undersigned authority on this _ day of
20 ��i,i personally appeared
known
to me to be the person whose name is subscribed to the foregoing instrument and
acknowledged to me that the same i the act of
na Cnat h xecuted the same as its
I c t ! I` , and as the act of such I and for the purposes and
consideration expressed in the foregoing instrument: (` i /
kL
No Pub ic, Stat of Texas
+►2 '�u'- ANA KARINA PEREZ
MY COMMISSION EXPIRES
JANUARY 31, 2021
a NOTARY ID: 130988289
STORMWATER FACILITY MAINTENANCE AGREEMENT OFFICIAL RECORD 6
Rev, 1 1/1 7120 1 o
CITY SECRETARY
FT. WORTH, TX
Con txact Compliance Imananer
By signing I acknowledge that I.am the person responsible
for the monitoring and administration of this contract,including
ensuring all perfoimancc and.rc poZ1L g rCgUiremcnts,
S, MCI-ales
DzvelopnzEnt Szrvt'c:s!i.(anager
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
DocuSign Envelope ID:OE652AE3-F242-4972-8DE2-52F171OB5C20
EXHIBIT "A"
INSERT LEGAL DESCRIPTION
STORMWATER FACILITY MAINTENANCE AGREEMENT
Rev.11/17/2016 7
DocuSign Envelope ID;0E652AE3-F2424972-8DE2-52F171065C20
EXHIBIT"A"
PERMANENT DRAINAGE FACILITY EASEMENT
Part of Lot 11 R, Block 1, J.B. Gray Addition
Daniel Dulany Survey,Abstract No.411
City of Fort Worth, Tarrant County, Texas
DESCRIPTION, of a 28,572 square foot (0.656 acre) tract of land situated in the Daniel Dulany
Survey,Abstract No. 411, City of Fort Worth, Tarrant County, Texas and being a part of Lot 11 R,
Block 1, J.B. Gray Addition, an addition to the City of Fort Worth according to the replat recorded
in Volume 388-149, Page 83 of the Plat Records of Tarrant County, Texas; said 28,572 square
foot(0.656 acre)tract being more particularly described as follows (bearing system for this survey
is based on the Texas State Plane Coordinate System-NAD 83, North Central Zone 4202, based
on observations made on June 25, 2019 with a combined scale factor of 1.00012):
COMMENCING, at a 1/2-inch iron rod with "PACHECO KOCH" cap set at the most easterly
southeast comer of said Lot 11 R; said point being the southwest terminus of the south right-of-
way line of Dunbar Street (a 50-foot wide right-of-way) according to the Walter Willi Addition, an
addition to the City of Fort Worth according to the plat recorded in Volume 1013, Page 7 of said
Plat Records; said point also being the northeast comer of Lot 12, in said Block 1, J.B. Grays
Addition recorded in Volume 412, Page 16 of said Plat Records;
THENCE, South 89 degrees, 41 minutes, 06 seconds West, a distance of 3.00, with the
south line of said Lot 11 R and the north line of said Lot 12, a distance of 3.00 feet to the
POINT OF BEGINNING;
THENCE, South 89 degrees, 41 minutes, 06 seconds West, continuing along said south line of
Lot 11 R, at a distance of 81.00 feet passing a 1/2-inch iron rod with "PACHECO KOCH" cap set
at an inner ell corner of said Lot 11 R and departing said south line; at a distance of 375.00 feet
passing a 1/2-inch iron rod with "PACHECO KOCH" cap set at an inner ell comer of said Lot 11 R
and rejoining said south line, and continuing in all a total distance of 504.88 feet to a point for
corner;
THENCE, North 39 degrees, 57 minutes, 05 seconds West, departing said south line of Lot 11 R,
a distance of 62.55 feet to a point for comer;
THENCE, Due North, a distance of 11.90 feet to a point for comer;
THENCE, Due West, a distance of 79.50 feet to a point for corner;
THENCE, Due North, a distance of 172.00 feet to a point for comer;
THENCE, Due East, a distance of 103.50 feet to a point for corner;
THENCE, Due South, a distance of 172.00 feet to a point for corner;
THENCE, Due West, a distance of 9.00 feet to a point for corner;
THENCE, Due South, a distance of 2.13 feet to a point for corner;
THENCE, South 39 degrees, 57 minutes, 05 seconds East, a distance of 57.67 feet to a point for
corner;
Page 1 of 4
DocuSign Envelope ID:OE652AE3-F242-4972-8DE2-52F171OB5C20
EXHIBIT"A"
PERMANENT DRAINAGE FACILITY EASEMENT
Part of Lot 11R, Block 1, J.B. Gray Addition
Daniel Dulany Survey,Abstract No.411
City of Fort Worth, Tarrant County, Texas
THENCE, North 89 degrees, 41 minutes, 06 seconds East, a distance of 117.97 feet to a point
for comer;
THENCE, North 87 degrees, 05 minutes, 31 seconds East, a distance of 255.55 feet to a point
for comer;
THENCE, North 89 degrees, 41 minutes, 06 seconds East, a distance of 119.74 feet to a point
for corner;
THENCE,South 00 degrees, 10 minutes, 35 seconds East, a distance of 25.000 feet to the POINT
OF BEGINNING;
CONTAINING: 28,572 square feet(0.656 acres) of land, more or less.
(A survey plat of even survey date herewith accompanies this description.)
The undersigned, Registered Professional Land Surveyor, hereby certifies that the foregoing
description accurately sets out the metes and bounds of the easement tract described.
June 18, 2020 ,tP,� ;siFFfi
Robert W. Bryan Date
Registered Professional Land Surveyor No. 5508 ROBERT W. BRYAN
Engineers, Inc. .......................
Pacheco Koch Consulting g :A 5508 g'*
4060 Bryant Irvin Road, Fort Worth TX 76109 q•-'.o,� o�Po
y •.�'s s; • r
(817) 412-7155 SUA`t•.�
TX Reg. Surveying Firm LS-10008001
3613-19.279EX1.doc
3613-19.279EX1.dwg DRI
Page 2 of 4
❑ocu5ign Envelope ID:OE652AE3-F242-4972-8DE2-52F1710B5C20
EXHIBIT "A"
N
LOT 11 R. BLOCK 1 0 20 40 80
J.B. GRAY ADDITION
(VOL 388-149, PG. 83) GRAPHIC SCALE IN FEET
PERMANENT DRAINAGE
' FACILITY EASEMENT
28,572 SF
(0.656 ACRES)
3-FOOT ALLEY DEDICATION
N 87'05, "31 E (BY FUTURE REPLA )
255.55' N 89'41'06" E , _ DUNBAR Q
' 119.74' 02
STREET b
IRS
(UNIMPROVED)
w IRS S 89'41'06" W IRS S 0010'35" E
504.88' 25.00'
� ) POINT OF 1/2-INCH IRON SET (�M•)
BEGINNING POINT OF
' I I s es 41'os• w COMMENCING
ICI
I I 3.00' I � —
' � LO OOt LOT2
00 F b
BLOCK 1 r
LOT 11 R, 3- LO o
J.B. GRAY ADDITION o W — O 0 BLOCK 3
(VOL 388-149, PG. 83) U- � N Y '� n' WALIER VVILLI ADDITION
i o 'Q N C I I (VOL 1013. PG. 7)
N Lai O}- •-
N ~ z o LEGEND
V) m - - — PROPERTY LINE
Z EASEMENT LINE
i POINT FOR CORNER
(UNLESS OTHERWSE NOTED)
IRS - 1/2-INCH IRON ROD W/
9 "PACHECO KOCH' CAP SET
N XS - '+' CUT IN CONCRETE SET
0
(C.M.) - CONTROLLING MONUMENT
The undersigned, Registered Professional Land NOTES:
Surveyor, hereby certifies that this plot of
survey accurately sets out the metes and 'i�•�F•.tF 1. A metes and bounds description of even
g bounds of the tract described. aa.**eTEgO:-7� survey date herewith accompanies this plat
of survey.
. .
ROBERT W. BRYAN
2. Bearing system for this survey is based on
June 18, 2020 ;a*•5508 • the Texas Coordinate System of 1983 (2011
�,8s�o+;�o adjustment), North Central Zone 4202, based
Robert W. Bryan Date 'y0''•••••••�� on observations made on June 25, 2019.
Registered Professional 8 g R
Land Surveyor No. 5508 PERMANENT DRAINAGE
4060 BRYANT IRViN ROAD FACILITY EASEMENT
oc�/ FORT wr,RT>I, TX 761Q9 817.41271b5TX REM ENGINEERING FIRM F-469 PART OF LOT 11 ®LOCK 1
APacheco
TX REO. SURV£1'INQ FIRM LS-1000e001 J.B. GRAY ADDITION
V"OWor c� rm a0Y &CALd o�fa ,pe g DANIEL DULANEY SURVEY, ABSTRACT N0. 411,
CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
DRI RWB 1'=40' JUNE 2020 3613-19.279 1 PAGE 3 OF 4
DocuSign Envelope ID:OE652AE3-F2424972-8DE2-52F171OBSC20
EXHIBIT "A"
DUE EAST 103.50'
0 20 40 80
GRAPHIC SCALE IN FEET
• I
PERMANENT DRAINAGE • I LOT 11R, BLOCK 1
J.B. GRAY ADDITION
w FACILITY EASEMENT o o I I (VOL 388-149, PG. 83)
m o 28,572 SF 1n �i
Z (0.656 ACRES) LaJ CAROLINE STREET(A.K.A. LIZZIE DAVIS STREET)
cV D VACATED AND RETAINED AS EASEMENT FOR
LL.1 n EXISTING UTILITIES BY CITY ORDINANCE 11498.
r (10• SANITARY SEWER 'M-17OA1' CURRENTLY
ADUE ST LOCATED IN THIS EASEME"
.00' I '
DUE WEST 79.50 DUE SOUTH2.13'1
DUE NORTH '^
11.90' S 39'57'05"I E M
57.67'
N 39'57'05" W I N 89`41'06" E '
62.55' 117.97'
'41 S 89 '06" W 504.88' a z
z
5—FOOT UTILITY EASEMENT 0
(VOL. 388-4. PG. 309) 0 V o
L <
REVISION IOF LOTS 0coo
8 AND 9, BLOCK 1 I BLOCK 1 I J o ,
J. B. GRAYS ADDITION J. B. GRAYS ADDITION W UJI
-'
(VOL. 388-4, PG. 309) (BOOK 412, PG. 16) � Z
LOT 9—B W 1/2 OF LOT 10
RAYFORD TAYLOR, ET AL ELVIRA DE LA ROSA 3 Q z
3 I (INST. NO. D212139604) I (INST. NO. D21 41 1 3339) ( Z"
I I I ct
LEGEND
— - - PROPERTY LINE
# EASEMENT LINE
g 0 POINT FOR CORNER
NOTESi (UNLESS OTHERWISE NOTED)
IRS - 1/2-INCH IRON ROD W/
1. A metes and bounds description of even survey data herewith *PACHECO KOCH' CAP SET
accompanies this plat of survey. XS - '+• CUT IN CONCRETE SET
2. Bearing system for this survey Is based on the Texas (C.M.) - CONTROLLING MONUMENT
Coordinate System of 198v ions odJusnJun , North Central PERMANENT DRAINAGE
Zone 4202, based on observations made on June 25, 2019.
40E0 BRYANT IRVIN ROAD FACILITY EASEMENT
m a� ec� Oc FORT WORTH, TX 76100 817.412.7155
f TX REG. ENGINEERING FIRM F-489 PART OF LOT 11 R, BLOCK 1
REG. SURVEYING FIRM LS-10008001 J.B. GRAY ADDITION
DANIEL DULANEY SURVEY, ABSTRACT NO. 411,
as4 wtv sr c�c er acur R CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
DRI RWB 1"-40' DUNE 2020 3813-19.279 PAGE 4 OF 4
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Exhibit "C"
CITY OF FORT WORTH STORMWATER FACILITY
OPERATION, MAINTENANCE & INSPECTION 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.
The stormwater quality device shall be cleaned and cleared of all sediment shortly
after project completion. Generally, a sump-vacuum truck is the most convenient
method of removing the captured sediment and floatables from large underground
structures. Floatables and oil should be removed in a separate procedure prior to
the removal of accumulated sediment from the bottom of the underground storage
chambers. The structural and functional integrity of the Facility shall be
maintained at all times by following the manufacturer recommendations for
maintaining the system. Flushing of the system by hose or other method that may
move sediment to the downstream storm sewer system is unacceptable.
Periodic silt removal shall occur when standing water conditions occur or the
underground storage volume is reduced by more than 10%. This maintenance
should be performed as needed based on inspection but is recommended
annually. In addition, corrective measures are required any time a basin does not
drain completely within 72 hours of cessation of inflow.
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. 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.
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, silt, litter and debris removal dates. Document any
replacement or maintenance of structures.
• 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.3/20/2019
Exhibit "D"
Stormwater Underground Detention Maintenance Checklist
FREQUENT INSPECTION DATE REPAIRS REPAIRS NOTES
REQUIRED MADE
Remove trash and debris
Inspect grates and
structures
Blocked, Clogged outlet Clean outlet, dispose
structure of blockage offsite
MINOR INSPECTION
Accumulated Silt
Remove by hand if
Standing Water minor, use vacuum
truck if necessary
Oil is acumulated inside
vault/piping
MAJOR INSPECTION
Structural damage to pipe,
vault, access hatch, ladder
Evidence of Tree root Cut and remove roots.
intrusion Restore structural
integrity of system
Damaged Outlet Structure Repair or replace
or Inlets any damaged
structures in kind.
Damaged Pavement, Replace pavement.
noticable sinking Contact Engineer to
access causes