The URL can be used to link to this page

Home My WebLink AboutContract 49243 CITY SECRETARY 1� CONTRACT NO. City Project#: 100361 STORMWATER FACILITY MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this day o by and between_QuikTrip Corporation_, hereinafter referred to as ` andowner", 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 2.891 acre tract, described as Lot IR, Block 67 as depicted in the plat for South Hills Addition and to be recorded in the Tarrant County Real Property Records, in the attached Exhibit "B" attached herein to be incorporated (the "Property"). WHEREAS, the Landowner is proceeding to build on and develop the Property according to the Site Plan/Subdivision Plan known as _QT #959_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 Landowner, its successors and assigns,the location and dimensions of which is shown and OFFICIAL RECORD s STORMWATER FACILITY MAINTENANCE AGREEMENT CITY SECRETARY 1 Rev.11/17/2016 FT.WORTH,TX 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 of inspection is to follow-up on reported deficiencies and/or to respond to STORMWATER FACILITY MAINTENANCE AGREEMENT 2 Rev.12/29/2014 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 THE CITY OF FORT WORTH, ITS AGENTS, SERVANTS AND STORMWATER FACILITY MAINTENANCE AGREEMENT 3 Rev. 12/29/2014 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 r,L day of 2Ck6. QuikTrip Corporation City of Fort Worth '� ,mac-✓`"'� / N e: Joseph S. Faust Jesus Ck"'Pa Assistant City Manager Title: Director of Real Estate Approved as to Form and Legality ssistant City Attorney ATTEST ity Secret All AS OFFICIAL RECORD CITY SECRETARY FT.WORTH, r STORMWATER FACILITY MAINTENANCE AGREEMENT 5 Rev.17/29/2014 STATE OF TEXAS § COUNTY OF TARRANT § a instrument was acknowledged before me on - / by v , Assistant City Manager of the City of Fort WiAh, 6h behalf of the City of Fort V6th. MARIA S SANCHEZ My Cc,mmission Expires December 19,2017 N ary Public, State of Texas STATE OF TEXAS § COUNTY OF TARRANT § Ilefore use, the undersigned authority on this �Q day of 20j+, personally appeared be l . ra ciA4-� Y G &6L known to me to be the person hose name is subscribed to the foregoing instrument and acknoKow dged to (�e that the same is the act of l V L-^ " , and that he executed the same as its and as tbJ act of such ty" and for the purposes and consideration expressed in the foregoing instrument. L.CAIf2019 ;'� 41•'.41: _;• •= MY COMMISSIIS lic, tate of Texas r m•-y, July 19 STORMWATER FACILITY MAINTENANCE AGREEMENT 6 Rev.12/29/2014 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. ane of Emplo ee Title �/ EXHIBIT "A" DRAINAGE EASEMENT BEING a tract of land located in the City of Fort Worth, Tarrant County, Texas, part of the John Jennings Survey, Abstract No. 851 , being part of Lots 10 and 11 , Block 67, South Hills, an addition to the City of Fort Worth, Tarrant County, Texas according to the plat thereof recorded in Volume 388-9, Page 551 , Plat Records, Tarrant County, Texas, and being more particularly described as follows: COMMENCING at a 1/2" iron rod found at the southeast corner of Lot 4, Block 67, said South Hills addition, being the northeast corner of a 0.3576 acre portion of Southgate Drive that was abandoned by City Ordinance No. 22486-10-2016, being in the west right-of-way line of McCart Street (variable width R.O.W.) ; THENCE, along the northerly line of said 0.3576 acre tract, the northerly line of said Southgate Drive, the southerly line of said Lot 4 and the southerly lines of said Lots 10 and 11 , South 61 degrees 22 minutes 00 seconds West, a distance of 278.66 feet to the POINT OF BEGINNING; THENCE, along the northerly line of said Southgate Drive and the southerly line of said Lot 10, South 61 degrees 22 minutes 00 seconds West, a distance of 10.00 feet; THENCE, departing the northerly right-of-way line of Southgate Drive, over and across said Lots 10 and 11 as follows North 28 degrees 38 minutes 12 seconds West, a distance of 79.42 feet; North 61 degrees 22 minutes 00 seconds East, a distance of 97.06 feet; South 28 degrees 38 minutes 00 seconds East, a distance of 43.00 feet; South 61 degrees 22 minutes 00 seconds West, a distance of 87.06 feet; THENCE, South 28 degrees 38 minutes 12 seconds East, a distance of 36.42 feet to the POINT OF BEGINNING and containing 4,538 square feet or 0.1042 acres of land more or less. OF,.TF William J. Johnson �o:N Registered Prof es xon Land Surveyor No. 5426 ..W["""" J.."" """ WAM. .. JOHNSON �- 5426 ! 4 .ass... SURA DRAINAGE EASEMENT _ 903 N.Bowser Road PART OF LOTS 10 & 11, SOUTH HILLS `-I Suite 240 (VOLUME 388.9, PAGE 551,P.R.T.C.T.) Richardson,Texas 75081 JOHN JENNINGS SURVEY,ABSTRACT NO.851 (972)424-7002 Voice CITY OF FORT WORTH,TARRANT COUNTY,TEXAS (972)633-1702 Fax Date: 11/07/2016 Project No. 15149145 ° �D WWW.SurveyConsultantslnc.Com SHEET 1 OF 2 z m I- I-A zp; FF rw r I r I I ZO n -—--—--—--—-- MIS,EWE-= aim—-—-—-—-—-— —--—-—-- AM!90" ---ZZ—", ki, ,N 'W' A-,, COH A -------------- % ---------------- - - EE _eaT z .0 Ao :14 0 1 m pa Uw i sem: KN z r 2 n4rz A PI-MA zo -i TV.: zo. Z All ZZ, r Fs OU: 2.4 . ..... H.- IC T :T itz t is —'t Z. Z.1% S..v A.— F lz SINGLE CURB INLET r!PRIVATE DRAI TC i v� (RE: C1 20) EASEMENT TC 761 .40 G 760.90 - / / h� FL 12"=757.40 - �� FG 761 .55 -755- F7E p FG 761 .65- - -t - - - -- - - - - = L FG 7 61 .31 l p ST O TC 761 .70 / G 761.20 �� (0 OR I TC 762.40 �� nS G 761 .901 wtr � h n t_ 162 F� F.F.E. = 763.00 GT 31 A762-- 1 / TC 762.25 G 761 .75 -759 cz �• I n• �• EXHIBIT B �`'` J 30 15 0 30 60 GRADING PLAN STORE NO.: 959 NAME: REVISION: TITLE: DATE: 11/7/2016 DRAWN BY: CMA I q I PRIVATE DRAI 43 L.F. OF 12" SDR-35 STA. 0+43 LINE 'B' // EASEMENT PVC ® 0.95% SLOPE MANHOLE CAP 3md,/ _ (� (RE: C542) i 1 x w �- FL 36"=752.50 lz / FL 12"=752.50 / - - - - - -- - - -- h h 0 m -- - - I n. / o ST 05 0 v I I STA. 0+00 LINE 'D' MANHOLE CAP .MH I I (RE: C542) 35 L.F. OF 24" RCP I I FL 36"=752.65 @ 0.92% SLOPE I I ~ FL 18"=753.40 WT STA 11 +85 LINE 'A' = STA. 0+00 LINE 'B' 1p NEW UNDERGROUND STANDARD STORM MANHOLE I DETENTION SYSTEM (RE: C542) I I 6-36" CMPS FL 24" OUT=752.04 ( WITH 2 HEADERS FL 12" IN=752.09 (RE: C542, C543) I I UGT I I IP STA. 0+00 LINE 'G' MANHOLE CAP — — I -------- (RE: C542) ----- FL 36"=752.92 R N -------- ----- J � I � FL 18"=753.00 EXHIBIT B ��,►�� 30 15 0 30 60 STORM PLAN STORE NO.: 959 NAME: REVISION: TITLE: DATE: 11/7/2016 DRAWN BY: CMA 775 775 770 770 765 765 NEW GRADE 760 760 755 755 750 LNEW 36" UNDERGROUND 750 DETENTION SYSTEM ® 0.50% NEW 12" OUTFALL 745 FL 12"=752.50 745 85.56'- 740 0+100 0 50 1+00 740 EXHIBIT B �__�`� 20 10 0 20 40 SECTION A-A STORE NO.: 959 NAME: REVISION: TITLE: (W DATE: 11/7/2016 DRAWN BY: CMA 775 775 770 770 765 765 NEW GRADE 760 Existing Ground J 760 z_ NEW 36" LO UNDERGROUND DETENTION 755 SYSTEM 755 1v W 3' TYR 750 33, 750 745 745 740 0+00 0 50 0 75 740 EXHIBIT B �N Zo 10 o Zo 40 SECTION B-B t STORE NO.: 959 NAME: REVISION: TITLE: DATE: 11/7/2016 DRAWN BY: CMA ®R OWN A• ' I ' �J►� ,/ 0000 000 o;'0000;oogggq •• oo - - III 000000000000 NG RAM Ylvlro M � ago 1 1 1 • 1 � , � � � � STORE • QT- .. 1 DRAWN 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 MAINTENANCEIINSPECTION • 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.12/29/2014 QT 959 CMP Detention Maintenance Guide The underground stormwater detention systems must be properly inspected and maintained at regular intervals for purposes of performance and longevity. Inspection Inspection is the key to effective maintenance and is easily performed. Quarterly inspections, at a minimum, are required. The rate at which the system collects pollutants will depend more heavily on site specific activities. Inspections should be performed more often in equipment washdown areas. Inspection and maintenance records should be maintained for the life of the system. Maintenance The system should be cleaned when inspection reveals that accumulated sediment or trash is clogging the discharge orifice. Accumulated sediment and trash can typically be evacuated through the manhole over the outlet orifice. If maintenance is not performed as recommended, sediment and trash may accumulate in front of the outlet orifice. Manhole covers should be securely seated following cleaning activities. Should it be necessary to get inside the system to perform maintenance activities, all appropriate precautions regarding confined space entry and OSHA regulations should be followed. If inspectors observe any salt or other corrosive substance concentrations or accumulations in the system, or if salt or other corrosive substance is used or prevalent near the system, rinse the system above the spring line annually between late spring and early summer as part of the maintenance program. Maintaining an underground detention system is easiest when there is no flow entering the system. For this reason, schedule the cleanout during dry weather. The foregoing inspection and maintenance efforts help ensure underground pipe systems used for stormwater storage continue to function as intended by identifying recommended regular inspection and maintenance practices. Inspection and maintenance related to the structural integrity of the pipe or the soundness of pipe joint connections is beyond the scope of this guide. Inspection & Maintenance Log 36" Diameter System Location:QuikTrip 959 1-20&McCart Ft. Worth TX Depth.of Accumulated Maintenance Maintenance Date Comments 3 i y t i � ? t t 1 f i a i z i i Y 4 t .1\I `� do ENGINEERED SOLUTIONS Inspection & Maintenance Guide for Corrugated Steel Pipe Underground Detention Systems Safety: Before entering into any storm sewer or underground detention system check to make sure all OSHA and local safety regulations and guidelines are observed during the maintenance process. Hard hats,safety glasses,steel-toed boots and any other appropriate personal protective equipment shall be worn at all times. Frequency: Inspections shall be completed annually. Inspection Check List: 4 Check quality of parking lot surface. • Is there evidence of potholes or sinkholes? • Is there evidence of an unusual amount of silt and soil build-up on the surface? 4 Check for pipe symmetry(uniform curvature). Flexible steel pipe is designed to handle minor deflections. Pipe structures deflected more than 7% from design shape, or those that show localized distortions may require further investigation. 4 Check for pipe joint quality. • Is there evidence of backfill material infiltrating into the pipe structure? 4 Check for proper operation of outlet structure. • Is the outlet drainpipe clogged? • In dry conditions,has the system drained to the elevation of the lowest outlet pipe. Silt Deposition • If accumulated silt is interfering with the operation of the detention system (i.e.: blocking outlet pipe or if silt deposition has significantly reduced the storage capacity of the system)it should be removed. This can be accomplished by the use of a "clam shell'device or vactor truck. 239