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HomeMy WebLinkAboutContract 55390 Date Received: Mar 9,2021 Permit Number: SWFMA-20-0019 Time Received: 4:51 pm City Secretary No.: 55390 STORMWATER FACILITY MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this 6th day of March 2021, by and between TDG-AEC Ft. Worth, LLC, acting by and through TDG-AEC, Ft. Worth, LLC, 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 14.465 acre tract located in the G. HERRERA Survey, Abstract 2027, Tarrant County, Texas according to the deed recorded in D220259943 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 ATMOS 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 OFFICIAL RECORD STORMWATER FACILITY MAINTENANCE AGREEMENT CITY SECRETARY Rev.11/17/2016 FT. WORTH, TX 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 N G�w, TriEREF GRE, 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 s 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 Executed this 6th day of March 2 02 1. CITY: LANDOWNER: �� C3u� GG Dan a Burehd off(Mar6.202 2:35 CS1 G G Dana Burghdoff, Asst. City Manager Richard Turcotte, Manager City of Fort Worth TDG-AEC Ft. Worth, LLC Date: Mar 6,2021 Date: 2 �� 2) Approved as to Form and Legality Ch�istA R. Lonez-R�vnalds Christa R.Lopez-Reyno ds(MarS,202116:00 CST) Christa Reynolds, Sr. Asst. City Attorney City Attorney's Office Date: Mar5,2021 a�F F°Rr�aa a Xp° 9 Igj a� o d°o °� o0 °ATTEST: °°° a44 n°°°°°° Contract Compliance Manager: r Ronald P.Gonzales(Mar 8,202111:5 T) Mary Kayser, City Secretary By signing I acknowledge that I am the City Secretary's Office person responsible for the monitoring and administration of Date: -Mar 8,2021 this contract, including ensuring all performance and reporting requirements. 9cuue SearLetf NlrrAL-s�- Janie Scarlett Morales(Mar 1,202115:56 CST) Janie S. Morales, Planning Manager Development Services Date: Mar 1,2021 OFFICIAL RECORD STORMWATER FACILITY MAINTENANCE AGREEMENT CITY SECRETARY Rev.11/17/2016 FT. WORTH, TX STATE OF TEXAS § COUNTY OFTARRANT § This instrument was acknowledged before me on March 8, 2021 by Dana Burghdoff, Assistant City Manager of the City of Fort Worth, on behalf of the City of Fort Worth. Jennifer L Digitally signed by Jennifer L Ezernack Ezernack Date:2021.03.0810:47:30 E4®RMjy'Comm. NNIFER L. EZERNACK -06'00' Notary PublicNotar Public, State of Texas STATE OF TEXAS yNotary I.D. 130561630 Exp.Mar. 1,2024 STATE OF TEXAS § COUNTY OFTARRANT § D Before me, the undersigned authority on this 2 3R day of_fe 6 t?UA R`l 2021, personally appeared Richard Turcotte, 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 TDG-AEC Ft. Worth, LLC, and that he executed the same as its Manager and as the act of such and for the purposes and consideration expressed in the foregoing instrument. =1b WIIKARINotary Public, State of Texas ry PublicOF TEXAS Exp.Mav325,2021 OFFICIAL RECORD STORMWATER FACILITY MAINTENANCE AGREEMENT CITY SECRETARY Rev.11/17/2016 FT. WORTH, TX EXHIBIT"A" PRIVATE DRAINAGE EASEMENT STATE OF TEXAS: COUNTY OF TARRANT: BEING a tract of land situated in the G.Herrera Survey,Abstract No.2027,City of Fort Worth,Tarrant County,Texas,being a portion of Tract 3 as described in deed to Edgecliff Partners,L.P.,recorded in D203351879,Official Public Records,Tan-ant County,Texas(OPRTCT),being a Private Drainage Easement dedicated by the final plat of Alta Mesa South Addition,Lot 2, Block 4,an addition to the City of Fort Worth,Tarrant County,Texas as recorded in D220243728,OPRTCT,and being more particularly described as follows: BEGINNING at a 1/2"rebar found at the intersection of the southerly line of Altamesa Boulevard(variable width R.O.W.per Volume 8672,Page 1254,Deed Records,Tarrant County,Texas)and the west line of the Union Pacific Railroad(M.K.&T. Railroad called 200 foot R.O.W.Volume S,Page 620,Deed Records,Tarrant County,Texas),being the northeast corner of said Alta Mesa South Addition,Lot 2,Block 4; THENCE South 16 degrees 07 minutes 57 seconds West,departing the southerly line of said Altamesa Boulevard,along the westerly line of said Union Pacific Railroad R.O.W. and the east line of said Alta Mesa South Addition,Lot 2,Block 4,a distance of 212.97 feet; THENCE departing the westerly line of said Union Pacific Railroad R.O.W.,across said Alta Mesa South Addition,Lot 2,Block 4, as follows: North 72 degrees 28 minutes 53 seconds West,a distance of 134.76 feet; North 46 degrees 42 minutes 48 seconds West,a distance of 43.00 feet; North 89 degrees 28 minutes 42 seconds West,a distance of41.03 feet; South 76 degrees 17 minutes 36 seconds West,a distance of 56.18 feet; South 63 degrees 33 minutes 22 seconds West,a distance of 251.09 feet; North 33 degrees 01 minute 14 seconds West,a distance of 30.71 feet; North 18 degrees 21 minutes 06 seconds East,a distance of 67.04 feet to a point in the southerly line of said Altamesa Boulevard and the northerly line of said Alta Mesa South Addition,Lot 2,Block 4; THENCE,along the southerly line of said Altamesa Boulevard and the northerly line of said Alta Mesa South Addition,Lot 2, Block 4,as follows: North 63 degrees 21 minutes 06 seconds East,a distance of 62.15 feet to a 1/2"rebar found; North 73 degrees 30 minutes 00 seconds East,a distance of 500.09 feet to the POINT OF BEGINNING and containing 50,482 square feet or 1.159 acres of land. NOTE: Bearings are referenced to Texas State Plane Coordinate System,North Central Zone(4202),North American Datum of 1983 as derived from GPS observation. OFTE.I. y��'•G�5 r�R-'9s, .•mow � �o• ��7�T Job NO.. 10887 Scale: G nOT Y Y 1 V a NONE Sheet . JDEL.. BA#TON -0 4914 _ ����A�L Drafted: 7].M. Checked: I.S.B. . e. OFFS S 10ta CIVIL ENGINEERS--- PLANNERS-•SURVEYORS of �4'dgVtO 2405 Mustang Drive,Grapevine,Texas7B0s1 Date Prepared: 10/12/2020 n t817)329-4373 � TBPE REGISTRATION N F-2944 TBPLS/10MIM EXHIBIT"A" / / / / / POINT OF o goo p►Q' BEGINNING 1/2"R.F. SCALE IN FEET *OA V5 / ��� ``�a{,1`Z'e o'3p'v`•'" E PRIVATE h DRAINAGE Q Q N 63021'06" E 1/2"R.F. EASEMENT 62,i 5' 50,482 SQ.FT. 1.159 AC. N 18021'06" E Oq� (PER PLAT) = OQ 67.04' S At 01 +► 033ti S 76017'36" W 734 1563 56.18' 6 Q 10'x10'PUBLIC OPEN N 89028'42" W N 46042'48" W81 SPACE EASEMENT 41.03' 43.00 0 �R C (PER PLAT) N 3300114" W Q 30.71' Z �� 40'INGRESS/EGRESS TRACT 3 O Ar EASEMENT No. 1 � EDGECLIFF PARTNERS,L.P. D 199134391 D203351879, O.P.R.T.C.T, 4 D.R.T.C.T. ALTA MESA SOUTH ADDITION LOU BLOCK 4 \ A �A� n'95)m,d4 79Ra n P a 7f- T I �E of r Job No.: 10887 Scale: OODWIN a 1„=1vo' Sheet .......s.sAR7oN AJL' SHALL ? 4914 �,.. Drafted: T.J.M. Checked: I.S.B.. . . � •.•Pv� aaP. ' �ss1 CIVIL ENGINEERS-PLANNERS SURVEYORS of A'D SURvejo� 2405 Mustang DrlVe,Grapevine,Texas 76 M1 Date Prepared: 10/13/2020 /1 TBPE REGISTRATION*F2244 2ojJ`}(�j_J TBPL$•1pQ i= \ q` 9N 9B OG !f � 688�9RU ro � A O \ \\\moo \ \ 68 a CD VE CLE ACCESS O 6� I .15--MAX SLOPE\ \\\\\ CRAINAGE EAStlME 682 684 _ \ 683- C\\ s � 80 \ O Q LL_ P "'ND 00 co O / W N W Li GRAPHIC SCALE 1"=100' co z co 3: 0 100 200 300 / c a o POND DISCHARGE SUMMARY Q INFLOW (cfs) OUTFLOW (cfs) STORAGE (ac. ff.) W.S. ELEV. i 1-year 24 11 0.28 681.9 EXHIBIT 00 5-year 35 17 0.46 682.6 0 100-yr 60 25 0.91 683.8 SHEET 1 OF 4 i w TOP OF BANK 55' EL =685.00 II=1II 0.48' EL =684.00 EM ER GENC Y STILL WA Y SECTIVAU,4 NTS m m O O Q C O EMERGENCY SPILLWAY 1 0' ELEV=684.00 Z � J N � � w w o o � N O N n N 7 SECT/ONB-B 3 NTS N O W I z a J LL L TOP OF BANK N I ELEV=685.00 O 00 '10 00 100-YR WSEL=683.84 l % LL O�Lp 7% � % c 0 V) O SECT/DAV C-C NTS ]EXHIBIT B r 00 00 0 SHEET 2 OF 4 i w O 56 LF OF CLASS III 24"R.C.P. @ 0.45% 24"R.C.P. Q Req'd=25.0 cfs PROPOSED GROUND @ Q PfV 8.0.2 fpp ss cfs = CENTERLINE OF PIPE SF= 1.22% 100-YR W.S.E. =683.84 EXISTING GROUND @ CENTERLINE OF PIPE / O 51 M 0 ix. � - C14a__ ^ _ Op W N CN oo � Qz Z O U LU CL � �� LO <y O W O _ OR u J° so C4 U 11 oUUi o ^ � z oo 1.- Z +h = ;O U as ++ H2 '' � U aOLO ^ za ciz � UWzON O z y Ln Q N h U W Z O N I r 00 00 POND O FAW 11,6 0lyW DET.W W L5 w V) Computed Results Peak Inflow: 60 (CFS) Date/Time of Peak Inflow: 05Feb2005, 00:05 Peak Discharge: 25 (CFS) Date/Time of Peak Discharge05F62005, 00:16 o Inflow Volume: 8.39 (IN) Peak Storage: 0.91 (AC-FT) Discharge VolumeS.32 (IN) Peak Elevation: 683.84 (FT) 0 a ]EXHIBIT BB co 00 0 SHEET 3 OF 4 i w LANDSCAPE NOTES 1. THE OWNER SHALL BE RESPONSIBLE FOR THE ESTABLISHMENT, MAINTENANCE, AND VIGOR OF PLANT MATERIAL IN ACCORDANCE WITH THE DESIGN INTENT AND AS APPROPRIATE FOR THE SEASON OF THE YEAR. 2. LANDSCAPE AND OPEN AREAS SHALL BE FREE OF TRASH, LITTER, AND WEEDS. 3. NO PLANT MATERIAL SHALL BE ALLOWED TO ENCROACH ON R.O.W., SIDEWALKS, OR EASEMENTS TO THE EXTENT THAT VISION OR ROUTE OF TRAVEL FOR VEHICULAR, PEDESTRIAN, OR BICYCLE TRAFFIC IS IMPEDED. 4. TREE MAINTENANCE SHALL BE IN ACCORDANCE WITH THE STANDARDS OF THE INTERNATIONAL SOCIETY OF ARBORICULTURE. 5. TREE STAKING MATERIALS, IF USED, SHALL BE REMOVED AFTER (1) GROWING SEASON, NO MORE THAN (1) YEAR AFTER INSTALLATION (STEEL TREE STAKES, WIRES, AND HOSES ARE PROHIBITED). 6. REMOVE TRASH, SEDIMENT, OR DEBRIS FROM POND AREAS. THE PONDS ARE DESIGNED TO ACCUMULATE SEDIMENT. REMOVE SEDIMENT WHEN THE DEPTH REACHES 8 TO 10 INCHES. REPAIR DISTURBED AREA WITH SEED AND STRAW. M 7. MOW GRASS TO A HEIGHT NO LOWER THAN 4 INCHES IN THE BOTTOM AND SIDE OF PONDS AND DRAINAGE DITCHES. REMOVE GRASS CLIPPINGS AND o LEAVES. N O c" 8. DISPOSE OF ACCUMULATED SEDIMENT, TRASH, AND DEBRIS IN A MANNER c"•i THAT IS PERMITTED BY THE LOCAL, STATE, AND FEDERAL REGULATIONS. 0) 3 O I a w I r 00 00 O w V) Q LL w 3 c 0 co O a ]EXHIBIT B co 00 0 SHEET 4 OF 4 i w 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