HomeMy WebLinkAboutContract 47779 Sr
RAETARY
RECEIVED CONTMCPT VM
i�AY i 7 2016
CTY OF FORTWO�
i"I Y SItGRE,5[ e;#
STORMWATER FACILITY
MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into this day of Mo ,
I(Q , by and between Reynolds Asphalt & Construction Co., acting by and through
Gary E. Reynolds, 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 35.21 acre tract located in the Benjamin Thomas Survey, Abstract 1497,
Tarrant County, Texas according to the deed recorded in Volume 9257, Page 763, 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 Hot Mix Plant#3 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—'he
oi;=11'1UAL RECORD
RY
)ZCRETAXSTORMWATERFACILITYMAINTENANCEAGREEMENT 7
Rev.12/29/2014
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.12/29/2014
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 necessarX 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.12/29/2014
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.12/29/2014
Executed this Ay ofZ&
20
Landowner Reynolds Asphalt & Construction Co. City of Fort Worth
e: R Holds Jesus J. Chapa
Assistant City Manager
Title: resident
Approved as to Form and Legality
Assistant City Attorney,"*u2 0
ATTEST
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STORMWATER FACILITY MAINTENANCE AGREEMENT RET'ARY 5
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Rev.12/29/2014 �A /
L _
STATE OF TEXAS §
COUNTY OF TARRANT §
09,
This instrument was acknowledged before me on a l j YY Q-0 I� by
Jesus J. Chapa, Assistant City Manager of the City of Fort Worth, on behalf of the City of
Fort Worth.
otary Public, State of Texas
STATE OF TEXAS §
COUNTY OF TARRANT §
Before me, the undersigned authority on this a day of
b r, I , 201 �, personally appeared Gary E. Reynolds, known to
me t8 be the person whose name is subscribed to the foregoing instrument and
acknowledged to me that the same is the act of Reynolds Asphalt & Construction Co.,
and that he executed the same as its President and as the act of such Reynolds Asphalt &
Construction Co. and for the purposes and consideration expressed in the foregoing
instrument.
Nota ub ic, State of Texes
LAURA BETH MAYO
Notary Public,state of Texas
My Commission Expires
June 17, 2019
STORMWATER FACILITY MAINTENANCE AGREEMENT 6
Rev.12/29/2014
Being a Private Drainage Easement in the
BENJAMIN THOMAS SURVEY, ABSTRACT 1497
FORT WORTH, TEXAS
�o
0
N
Texas Electric Service Company-4
Vol. 5122, Pg. 583, DRTCT
M
`O
4
N Reynolds Asphalt
Mo and Construction Company
TCC/N D215242293
N 25.479 Acres (1,109,851 SF)
E q)
L2 �
W J
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o Reynolds Asphalt a
a and Construction ~ N
-1W Company .,.,,
v)
Vol. 9257, P. 763, N
DRTCT Z
Called 9.718 Ac C1 a)
o �
L2
L18 �� b
m
o L19
o L1 ?ryFenc C2
m aInder Tract
POINT OF--' P°St F°4nO,rOce �01�Industrial Ltd.
L4 L6
BEGINNING o TCCIN D214207095 cs
<2 ;$Ni2 198.33 Ac (+/—) L5
o lb o 01
Legend
CIRF Capped Iron Rod Found
IRF — Iron Rod Found 200 FEET
a One Inch
0
HOYDSTON DUSIGNS, INC.
zzz W.E_xchaoge Ave.,,suite i o3
o Fort Words,TX 7616+
Voices 817 626-7878 - Fax.817 626-7,07.9
o Civil Engineering*Surveying-Land Planning
N E. Reg.# F-11307 • S. Reg.#10193818
~ Sheet 1 of 5
Being a Private Drainage Easement in the
BENJAMIN THOMAS SURVEY, ABSTRACT 1497
FORT WORTH, TEXAS
�o
0
� Texas Electric Service Company-4
Vol. 5122, Pg. 583, DRTCT L14
CT
4
Reynolds Asphalt
N and Construction Company
o TCCIN D21524229J
�O 25.479 Acres (1,109,851 SF) L15
N L13
1
y
W 7.055 Acres
m ON
o C4
L 12
o q
L11 Une Table
Name Bearing Distance
C5 Ll N37'00'31"W 40.06'
LID
` L2 N495526"E 393.76'
° I L3 S40 07'19"E 165.70'
a) L9 L4 S6437'19"E 122.12'
OZ ,c Remainder Tract L5 S7675'02"E 119.65'
t LS 701 Industrial Ltd. L6 N142952"E 147.03'
40 TCCIN D214207095 L7 N1802'25"E 144.66'
198.33 Ac (+/-) L8 N2714O'l0"E 54.61'
o L7 L9 N16 00'36"W 35.13'
o L10 N3372'10"E 141.92'
O L11 N80109'22"E 35.03'
L6 L12 N3834'59"E 137.19'
L13 N057020"W 363.51'
a L5 L14 N8942280E 731.70'
^� C3 L15 S55 21'34"W 489.99'
N
L16 N79 42'38"W 92.71'
L 17 N37103'01"W 130.75'
o
L16 L18 S495526"W 397.65'
N
L19 N37100'31"W 53.72'
m
Curve Table
�j Name Radius Arc Length Chord Length Chord Bearing Central Angle
40 Cl 48.00' 75.36' 67.86' S85 0556"E 89'57'15" 200 FEET
o, C2 852.68' 364.61' 361.84' S5222'19"E 2430'00"
C3 10.00' 15.58' 14.05' N59 07'25"E 8975'07" One Inch
m C4 60.00' 45.82' 44.72' N16*42200E 4345'19"
o C5 1,340.00' 984.04' 962.08' S3479'18"W 4204'32"
C6 910.00' 677.55' 662.01' N5822'50"W 4239'37"
1 BOY�ST%am DESIGNS, INC.
O 222 W.Ejtc6nsa Ave.,Suite 1 o3
O
Pat Wow TX 7616+
o� Voice,a 17 6Z,6-7678 - Faw 617,6z6-707.9
V
Civil Engineering-Surveying-Land Planning
E. Reg.# F-11307 • S. Reg.#10193818
'' Sheet 2 of 5
Metes and Bounds Description
Being a tract of land in the Benjamin Thomas Survey, Abstract 1497 in Fort Worth,
Tarrant County, Texas and being a portion of a 25.479 acre tract (First Tract) described
o in Tarrant County Clerks Instrument Number (TCCIN) 0215242293 to Reynolds
N Asphalt and Construction Company and a portion of a called 9.718 acre tract (Second
Tract) described in Volume 9257, Page 763, Deed Records of Tarrant County, Texas
(DRTCT) to Reynolds Asphalt and Construction Company and more fully described by
o metes and bounds as follows.
4
N Beginning at a found 2—inch fence brace post being the most southwest corner of the
o said second Reynolds Tract and the most westerly northwest corner of the remainder of
�o
N a tract to 701 Industrial Ltd. as recorded in 0214207095 TCCIN, also in the easterly
right—of—way of the BN & SF Railroad (Formerly SF & SL RY — Line Segment 0485, MP
0 to MP 20, a 100—foot right—of—way),
m
Thence with the easterly boundary of the said railroad right—of—way and the west
a boundary of the said Second Tract North 37 Degrees 00 Minutes 31 Seconds West, a
m distance of 40.06 feet from which a found 1/2—inch iron rod found in the easterly
boundary of the said railroad right—of—way and the westerly boundary of the said Second
Tract bears North 37 Degrees 00 Minutes 31 Seconds West a distance of 53.72 feet;
o
Thence leaving the said railroad right—of—way and the westerly boundary of the said
Second Tract North 49 Degrees 55 Minutes 26 Seconds East, passing at 391.70 feet
the east boundary of the said second Reynolds Tract and the west boundary of the said
yfirst Reynolds Tract, continuing for a total distance of 393.76 feet to the beginning of a
W curve tangent to said line,
m
a
Thence along the curve to the right having a radius of 48.00 feet and a central angle of
0 89 Degrees 57 Minutes 15 Seconds, a distance of 75.36 feet,
m
w
Thence tangent to said curve South 40 Degrees 07 Minutes 19 Seconds East a
distance of 165.70 feet to the beginning of a curve tangent to said Zine;
w
�o
Thence along the curve to the left having a radius of 852.68 feet and a central angle of
N 24 Degrees 30 Minutes 00 Seconds, a distance of 364.61 feet,
Thence tangent to said curve South 64 Degrees 37 Minutes 19 Seconds East a
distance of 122.12 feet,
o, Thence South 76 Degrees 15 Minutes 02 Seconds East a distance of 119.65 feet to the
= beginning of a curve tangent to said line;
m
a
0
ri
0
0
0
0
0
N
i
Sheet 3 of 5
Thence along the curve to the left having a radius of 10.00 feet and a centra/ angle of
89 Degrees 15 Minutes 07 Seconds a distance of 15.58 feet,
Thence tangent to said curve North 14 Degrees 29 Minutes 52 Seconds East a distance
0 of 147.03 feet,
A
Thence North 18 Degrees 02 Minutes 25 Seconds East, a distance of 144.66 feet;
e Thence North 27 Degrees 40 Minutes 10 Seconds East, a distance of 54.61 feet,
N
o Thence North 16 Degrees 00 Minutes 36 Seconds West, a distance of 35.13 feet,
�o
A
O
N Thence North 33 Degrees 12 Minutes 10 Seconds East, a dis tan ce of 141.92 feet,
w
y
W Thence North 80 Degrees 09 Minutes 22 Seconds East a distance of 35 03 feet,
m
o,
0
o Thence North 38 Degrees 34 Minutes 59 Seconds East, a distance of 137.19 feet to the
Q beginning of a curve tangent to said line,
m
Thence along the curve to the left having a radius of 60.00 feet and a central angle of
43 Degrees 45 Minutes 19 Seconds, a distance of 45.82 feet,
0
Q-
Thence North 05 Degrees 10 Minutes 20 Seconds West tangent to said curve, a
distance of 363.51 feet to the northern boundary of the said First Tract and the south
E boundary of a tract to Texas Electric Service Company (TESCO) as filed in volume
0 5122, page 583 DRTCT,•
W
m
Thence with the north line of the said First Tract and the south line of the said TESCO
Q North 89 Degrees 42 Minutes 28 Seconds East a distance of 731.70 feet,
m
Thence leaving the said TESCO tract and with the easterly boundary of the said First
aTract South 55 Degrees 21 Minutes 34 Seconds West a distance of 489.99 feet to the
beginning of a curve tangent to said line,
0
Thence along the curve to the left having a radius of 1,340.00 feet and a central angle
0
of 42 Degrees 04 Minutes 32 Seconds a distance of 984.04 feet;
Thence leaving the boundary of the said First Tract line North 79 Degrees 42 Minutes
h 38 Seconds West, a distance of 92.71 feet to the beginning of a curve tangent to said
line,
m
m
o
0
I
M
O
O
O
O
N
i
Sheet 4 of 5
Thence along the curve to the right having a radius of 910.00 feet and a central angle o
42 Degrees 39 Minutes 37 Seconds a distance of 677.55 feet,
oThence tangent to said curve North 37 Degrees 03 Minutes 01 Seconds West a
distance of 130.75 feet,
Thence South 49 Degrees 55 Minutes 26 Seconds West, passing at 29.96 feet the
a southeast corner of the Second Tract, and passing at 40.06 feet a found 5/8" capped
iron rod (BDI ,#6353) for a westerly corner of the First Tract, continuing for a total
o distance of 397.65 feet to the Point of Beginning.
co
0
N Containing 7.055 ACRES, more or less.
w
W
o BASIS OF BEARING IS THE TEXAS STATE PLANE COORDINATE
o SYSTEM, NORTH CENTRAL ZONE, NAD83, AS DERIVED BY FIELD
a OBSERVATION UTILIZING THE RTK NETWORK ADMINISTERED BY
SMARTNET NORTH AMERICA.
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Date. Mar 31, 2016
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Surveyed on the ground.•
December 10, 2015
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oBOYDSTON DmGNS,INC.
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222 W.E,—J+•nseAve..Sufee io5
O Pott Work TX 76164
Vokc+a 17 626-787e - Fam 817 626-7479
N Civil Engineering*Surveying-Land Planning
E. Reg.# F-11307 • S. Reg.#10193818
Sheet 5 of 5
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OF 4
City of Fort Worth Storntwater Criteria Manual
v
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Table 3.20 Rock Riprap Sizing-Gregory Method j tp N
O O N
From Section 3.2.7 iSWM Hydraulics Technical f*fanual,September 2014Pan O O
Sizeb Fre uenc (SNectfnrg=_si CC rpt
Step 1:Calculate Boundary Shear: Units 10Q-year 6-year 1-year ip d'
rn N '1•N
Q=peak discharge cis :3 a_(14
b=bottom width of channel feet N V O VN4 to
O
y=depth of peak Oow feet i.4--t-. Z 000 tL
31 N v
yS=specific vmight of stone(150-175 Vill) Will I i��`1 �� C i '
x0Z
A=cross-sectional area of flow It, O Z
WP=wetted perimeter feet t '-' C 00
0w
R=hydraulic radius of channel=AIWP feet C1O It d'It Lj 0!
N
W N00 w0
S=slope of energy gradient ft/ft ('J.G(�, N t d 11.
In
To=average tractive stress on channel bottom 7 +CX. m~
=Vw`R`S(Y�=62.4 Ibift') Ibift' ,c{ I N m� Rt N
d'=Angle of side slope(14'for 4:1 slopes) degrees 7-{-0 E ^
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8=Angle of repose of rock,usually 40°) degrees L4-(j<; O Q. O
To'=average tractive stress on channel side slopes
Ihl(t'
=To[i-(Sin2miSin20)]ll2 0
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Step 2:Determine the tractive stress in a bend in the channel !7 N
T=the greater of To or Td from above Ibift'
r=centedine radius of bend(10000'if straight) feet
w=water surface width at upstream end of bend feet a
Tb=local tractive stress in bend=3.15T(dw)-W Ib/ft' It
Step 3:Determine D50 size of riprap stone(size at which 50°h of the gradation Is finenveighl):
T=Design shear stress(greatest of To,To'or Tb) Ib-
D50=required average stone size=T10.04y.ryw} I feet b,-1 H I
v/
Mapmum d50(controlling size) I incises `.q I1 LL 6
Step 4:Select minimum dprap thickness from grain size curves(Fig.3.12 to 3.i7 IS"Hydraulics Technical d Z
ManuaO. Y8 y (n
D50(max)=(Select from smaller side of band at 500A finer gradation) lbift' >Ii ** W y
Riprap Size=(min thickness is 12) inches
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Step 5:Select dprap gradations table(Fig.3.18 to 3.19 iSWM Hydraulics Technical Manual ?
Riprap Gradation Figure based on riprop thickness in Step 4 1 Figure 1 3.15
Step 6:Select bedding thickness from grain size curves(Fig.3.12 to 3,177SWM Hydraulics Technical Manual
Bedding Gradation Figure I Figure 1 7.13 1
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Note:See steps 7-10 in the Section 3.2.7 for i5lNlAHydraulirs Technical Manual additional guidance. co
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100 YR 240.65 326.33 107.80 804.62 N to °t
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5 YR 95.60 143.82 30.62 803.40
1 YR 240.65 74.02 8.51 802.51 L i m =°
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SHEET #:
4
OF 4
Operation and Maintenance Plan
Exhibit"C"
Hot Mix Plant No. 3
Fort Worth, Tarrant County, Texas
General Maintenance Requirements:
- The structural and functional integrity of all storm water controls 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. Additionally, all storm water
controls will be maintained in such a way to ensure they perform as required through
regularly occurring inspections, routine maintenance, and repair, as necessary.
- Inspections of all storm water facilities using the included checklists will occur
periodically every 6 months, as well as after all significant rainfall events.
- Inspections occurring after any runoff producing rain events should include checking for
obstructions, damage, and debris/trash, including items that could affect the efficiency of
storm water controls.
- All identified trash and debris shall be removed after every inspection.
- Mowing shall occur on a regular basis to control vegetation, at minimum monthly during
the months that fall between April and October and/or when vegetation exceeds 12 inches
in height. All grass clippings should be removed from the pond after mowing events.
- Limit the use of fertilizers and pesticides in and around the ponds to minimize entry into
pond and subsequent downstream waters.
- Periodic silt removal shall occur when the pond's storage volume is reduced by more
than 25% or the basin does not drain within 72 hours of cessation of inflow. Silt shall be
removed and the pond/basin returned to original lines and grades shown on the approved
engineering plans.
- Repair banks as necessary as identified during inspections.
- Repair rip rap on bank and at outfalls as necessary as identified during inspections.
- Effective groundcover vegetation will be maintained at all times to minimize soil erosion.
- Areas will be re-vegetated when 30%or more of the area is unprotected.
- Repair all structural elements (outfalls, trickle channel, rip rap) as identified during
inspections.
April 2016 Westward Environmental,Inc.
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