HomeMy WebLinkAboutContract 49188 CITY SECRETAR`(� ��
CONTRACT NO. `l`7� r3 d
DOE#
RECEIVED o STORMWATER FACILITY
Jim 16 � j MAINTENANCE AGREEMENT
CITY OF FORT WORF" .a
CITY SECRETARY
�e a THIS AGREEMENT, made and entered into this day of 0
, by and between 8747 Harmon LLC, acting by and through City of Fort Worth,
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 3.352 acre tract located in the Josiah Walker Survey, Abstract 1600,
Tarrant County, Texas according to the deed as recorded in County Clerk's File No.
D216062404, 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 Urban Air 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
OFFICIAL RECORD
STORMWATER FACILITY MAINTENANCE AGREEMENT
Rev.02/28/2017 CITY SECRETARY
FT.WORTH,TX
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.0212812017
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.02/28/2017
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.02/28/2017
Executed this]—"ay of c� 2 (
8747 Harmon, LLC City of Fort Worth
Dak Hatfield Jesus J. &hapa
Assistant City Manager
Title: Managing Member
Approved as to Form and Legality
Assis City At rney
ATTEST
OR
)ecret
�XAS
OFFICIAL RECORD
STORMWATER FACILITY MAINTENANCE AGREEMENT CITY SECRETARY 5
Rev.02/28/2017 FT.WORTH,TX
STATE OF TEXAS §
COUNTY OF TARRANT §
.SI-p This instrument was acknowledged before me ons J� i YO F7 by
e esu . ; Assistant City Manager of the City of Fort Wo h, on behalf of the City of
Fort Worth.
MARIA S SANCHEZ2
\ My cc emission Expires Notally Public State of Texas
December 19, 2017
fff U11t!
STATE OF TEXAS §
COUNTY OF TARRANT §
Before me, the undersigned authority on this day of
i(Y1c�ubd _,
20(-4,- personally appeared
1�z e ld
known
to me to be the person whose name is subscribed to the foregoing instrument and
acknowledged to met hat the same is the act of
}41 RA r a V-N I U-C- , and that he executed the same as its
and as the act of such and for the purposes and
consideration expressed in the foregoing instrument.
SHARON I ARNOLD
J`��'�•P48�L
:Notary Public,State of Texas Notary Public, State of Texas
11Z Comm. Expires 04-13-2020
W", Notary ID 4689064
STORMWATER FACILITY MAINTENANCE AGREEMENT 6
Rev.02/28/2017
EXHIBIT "A"
INSERT LEGAL DESCRIPTION
STORMWATER FACILITY MAINTENANCE AGREEMENT 7
Rev.02/28/2017
EXHIBIT"A"
Private Drainage Easement
BEING a tract of land situated in the Josiah Walker Survey,Abstract No. 1600,Tarrant County,Texas, and
being a portion of that certain tract of land described as Tract 1 in deed to Harmon Road Holdings, LLC,
as recorded in County Clerk's Filing Number D210231983, Real Property Records,Tarrant County,Texas,
and more particularly described by metes and bounds as follows:
COMMENCING at a PK-Nail found marking the southeast property corner of said Harmon Holdings, LLC,
Tract and the northeast corner of that certain tract of land described as Tract 1 in deed to 122 S. Main
Street GP, LLC as recorded in County Clerk's Filing Number D210129396, Real Property Records,Tarrant
County,Texas,and being in the approximate centerline of Harmon Road (a variable width right-of-way);
THENCE S 89"42'03"W(previously recorded as N 89°55'53" W), 90.45 feet along the common line of the
south property line of said Harmon Road Holdings, LLC tract and the north property line of said 122 S.
Main Street GP, LLC tract to the POINT OF BEGINNING;
THENCE continuing along said common line S 89°42'03"W(previously recorded 89°42'03"), 71.35 feet;
THENCE N 0°17'57"W, 9.72 feet to the beginning of a non-tangent curve to the left, having a radius of
49.50 feet,and a central angle of 53°29'04", (chord bearing N 26°26'35" E,44.55 feet);
THENCE northeasterly along the arc of said curve to the left,46.21 feet;
THENCE N 0°17'57" W, 75.07 feet to the beginning of a curve to the right, having a radius of 24.50 feet,
and a central angle of 90°00'00", (chord bearing N 44°42'03" E,34.65 feet);
THENCE northeasterly along the arc of said curve to the right, 38.48 feet;
THENCE N 89°42'03" E, 62.25 feet to a point, being on the westerly right-of-way line of said Harmon
Road (a variable width right-of-way);
THENCE along said westerly right-of-way line of Harmon Road (a variable width right-of-way)S 0°17'57"
E, 102.12 feet;
THENCE S 36°45'09"W, 58.83 feet to the POINT OF BEGINNING,and containing 12,405 square feet or
0.284 acres of land, more or less.
U.
o ,tF:�G�S r f,�•..,.f . ,��
Richard M. Cummock
Registered Professional Land Surveyor RICHARD MSC ,•,
Texas Registration Number 6416 .....•••0 AOI KML CUMh10v;
t
Harris Kocher Smith, LLC > + 6416
TBPLS Firm# 10194145 ti�'••• s. ;��
Dated: 28-FEB-2017 SURV�
EXHIBIT"B"
i I
3.352 ACRES 10' PUBLIC ACCESS ff i l
HARMON ROAD pEREMENT PLAT i
HOLDINGS, LLC D
TRACT 1 p,R.T.GT. L3
COUNTY CLERK'S 0.014 ACRES �, — ,
600 SF — it 1
FILE N0. D210231983 --'� 57.22
R.P.R.T.C.T. ; I SCALE: 1"=40'
JOSIAH WALKER SURVEY,
N89'42'03"E 62.25 1I 1 O a i'--
ix I
ABSTRACT NO. 1600 4 I I- W a
PRIVATE DRAINAGE z a
EASEMENT o 3 3 1
I PER PLAT o
15.0' WATER 3
D wQ = a 1 1 o
---•- ;� P.R.T.C.T. ;_ i Q
EASEMENT 0.284 ACRES I o I o
0 12,405 SF I I N a l I o
Z 5 ELEC F 0 1 o a r
ESMT 0 ^ I I zap
Wtil Qo
24.5' WATER AND ) S36'45'09"W I � p j o zo
DRAINAGE EASEMENT 58.83`
� j W� _ m
f POINT OF I a
I I moo
COMMENCEMENT 00 o
L1 I PK-NAIL FOUND I z N
S8942'03"W 71,35' S89'42'03"W 90.45'POINT OF +
I a
BEGINNING j FOUND PK-NAIL
I I
I I I
W/A,.- OT CURVE TABLE
eNNNe........
cmc ,.N CURVE# RADIUS LENGTH DELTA CHORD DIRECTION CHORD LENGTH
�X16 v+ ' C1 49.50 46.57 53°54'32* N26°39 WE 45.87
$u C2 24.50 38.48 90°W 00" S44°47 03"W 34.65
BASIS OF BEARINGS IS THE TEXAS STATE PLANE
LINE TABLE COORDINATE SYSTEM NORTH CENTRAL ZONE NAD 83
(2011) BASED ON CPS OBSERVATIONS.
/ LINE# DIRECTION LENGTH
/ LEGEND:
L1 NO*IT 57W 9.50
• = FOUND MONUMENT AS DESCRIBED
L2 NO°1T57'1N 10.50
RICHARD M. C MMOCK L3 N89*42'03'E 57.22 THIS EXHIBIT DOES NOT REPRESENT A
REGISTERED PROFESSIONAL LAND SURVEYORMONUMENTED LAND SURVEY, IT IS INTENDED TO
TEXAS REGISTRATION NO. 6416 L4 SO-1T57-E I 10.50 1 DEPICT ONLY THE ATTACHED LEGAL DESCRIPTION.
DATE: 12-APR-2017
!'H['�� { 1-P""a ltn O<lrlPt rxNe P.Ma(A>dxl
NO CHANGES ARE TO SE MADE TO THIS DRAVANG WITHOUT WRITTEN PERMS"ON OF HARRIS KOCHER SMITH,
RISSUE DATE 04.12-2017 I PROJECT 7:160119
DATE REVOONCOMMENTSAN EXHIBIT SHOWING A HARRIS CWDBYDRAWNBr RMC
D2 2&2017 FIRST$UBMIiTl�l RMC
PRIVATE DRAINAGE EASEMENT M R JOBLIUM, 16D105
SITUATED IN THE JOSIAH WALKER SURVEY, ABSTRACT No. 1600, 101SumaMAwnwSuAe316
FM Milh,Texas 76102
CITY OF FORT WORTH, TARRANT COUNTY, TEXAS P a,7769.6278 F.8177686288 1
HamsK°cherSR4h.cam
TSPS F mi.F.15501•TBPL$Fm'*10191145 OF i
EXHIBIT "B"
DESIGN PLAN AND SPECIFICATIONS
STORMWATER FACILITY MAINTENANCE AGREEMENT 8
Rev.02/28/2017
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720 mm 0 C) x:- x o C) 720
(nNU ') N ,--) (nUO UN
_PR GRADE
ALONG i
TOP OF POND: 16.32
100yr HGL 100—YEAR WS :715.32
__/—
715 715
EX GRADE
ALONG
19 LF — 21"
RCP @ 0.35%
Q,00=9.81 CFS
X100=4.39 FPS
710 Sf=0.03500 ft ft 710
dloo=1.53'
708 708
oM
Fz
CV
20 0 20 40 11n
L,_ U-
SCALE:1"= 20' 1+00
NO CHANGES ARE TO BE MADE TO THIS DRAWING WRHOUT WRITTEN PERMISSION OF HARRIS KOCHER SMITH.
ISSUE DATE:4712017 PROJECT M 160119DSN'D BY: DFW
DATE REVISION COMMENTS HARRIS CHK'D BY: SRS
znanBn 1ST SUBMITTAL 8747 HARMON,LLC SWFMA DETENTION POND SMITH
DRAWN BY: DFW
STORM SEWER A3 PROFILE 101 Purl
W.r.Avenue 7610316 SHEET NO
Fol 9.627lh,Texas 76102
P:817.769.6279F:817.769.6298
HarrisKoch a rSmiM.com
TBPE FiMP..F15501•TBPLS Fsmi:10194145 2 OF 4
A : 1 .1 X100-YEAR WSE:715.32 CUTV TOP-9 TOP OF GRATE:715.10
21" RCP 1.3' �_ 5-YEAR WSE:714.11
ll� OUTL T RESTRICTOR PLATE CUT _
N
-YEAR WSE:713.45
INV:712.45 INV:712.45
N
Q7
O
DETENTION POND OUTFALL STRUCTURE DETENTION POND OUTFALL STRUCTURE
INTERIOR RESTRICTOR PLATE MODIFIED 4'x4'GRATE INLET
INTERIOR ELEVATION FRONT ELEVATION
N.T.S. N.T.S.
BROAD CRESTED WEIR HYDRAULIC CALCULATIONS
Design Storm Weir
Frequency Capacity Weir
No. Location (yrs) Q C L ft H (cfs) Size Comments
1 100 26.23 2.60 1 29 1 0.5 26.66 1 1'x29'
TOP OF RTNG WALL: 716.32
V _100-YEAR WSE:715.32
Ln
29' _
WEIR
BOTTOM OF POND:712.45
DETENTION POND OUTFALL
EMERGENCY OVERFLOW WEIR
N.T.S.
NO CHANGES ARE TO BE MADE TO THIS DRAWING WITHOUT WRITTEN PERMISSION OF HARRIS KOCHER SMITH.
ISSUE DATE:4712017 PROJECT#:160119 HARRIS DSN'DBY: DFW
21281017 1STSUBMITTALDATE VISIONCOMMENTS KOCHER DRAWCHIM BY: SRS
8747 HARMON,LLC SWFMA DETENTION POND sMirH DRAWN BY: DFW
DETAILS 101 Summit Avenue,Suite 316 SHEET NO
For(Worth,Texas 76102
P:817.769.6279 F:877.769.6298
Han(sKooher8milh.com
7BPE FinniF:F15501•TE"Finn%:10194145 a or 4
ORIFICE CALCULATIONS
100-YR EL= 715.32 H 2.41
STAGE-STORAGE-DISCHARGE DESIGN Cd 0.62
Stage Storage Discharge STORM A 1.29
712.45 0 0 Q 9.96
713 5383 2.45
WEIR CALCULATIONS
713.25 7830 4.3 1-yr
713.5 10277 4.85 1-YR WEIR 5-YR WEIR
713.82 13410 6.16 5-yr 1-YR EL= 713.25 H 1 5-YR EL= 713.82 H 0.66
714 15171 6.7 b 1.6 b 1.3
714.5 20065 8.09 C 2.631 C 2.675
715 24959 9.27 IQ 4.211 IQ 1.86
715.32 28092 9.99 100-yr TOTALQ=QTHROUGH 1-YR WEIR+QTHROUGH 5-YR WEIR 6.07
Stage-Storage
30000
25000
20000
15000
10000
5000
0
712 712.5 713 713.5 714 714.5 715 715.5
Stage-Discharge
12
10
8
6
4 V
2
0
712 712.5 713 713.5 714 714.5 715 715.5
NO CHANGES ARE TO BE MADE TO THIS DRAWING MTHOUT WR17TEN PERMISSION OF HARRIS KOCHER SMITH.
ISSUE DATE:41712017 PROJECT#:160119 HARRIS DSN'D BY: DFW
DATE REVISION COMMENTS CHK'D BY: SRS
2282017 1ST SUBMITTAL 8747 HARMON,LLC SWFMA DETENTION POND sMiTH R DRAWN BY: DFW
STAGE/STORAGE TABLE 10 FonwmorthTems76102'6 SHEET NO,
P:817.769.6279 F:817.769.6298 4
HardsKorharBmKh.mm
TBPE FirmII:F-15501•TBPLS FrmC.10194145 4 of 4
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 9
Rev.02/28/2017
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-
Ra
STORMWATER FACILITY MAINTENANCE AGREEMENT 10
Rev.02/28/2017
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 11
Rev.02/28/2017
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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.
e of Emplo e
Title t/