HomeMy WebLinkAboutContract 50082 CITY SECRETARY
RECE\vED CONTRACT NO.
Ci N sEc*
STORMWATER FACILITY
MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into this day of ,
2017_____11 by and between High Point Holdings of Fort Worth, LLC, acting by and through
Mike Morley, 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 10.0 acre tract located in the G. Herrera Survey,Abstract No. 2027, Tarrant
County, Texas according to the deed recorded in Instrument No. D217027632, 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 High Point Academy 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
STORMWATER FACILITY MAINTENANCE AGREEMENT OFFICIAL, RECORD
Rev 3/2/2017 CITY sEC�w Ry
FT. Wo
RTHI 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 3/2/2017
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 Cate. 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 3/2/2017
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 3/2/2017
Executed this 8th day of November 2017.
Landowner:High Point Holdings of Ft.Worth,LLC City of Fort Worth
By:American Charter Development,LLC,Manager
LZ
Name Mike l) rley Jesus J. Chapa
Assistant City Manager
Titl M er
Approved as to Form and Legality
!;
Assistant City Att ey
A ST
Z44a-/9
ity Secretary
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.
D.J. Harrell
Development Services Administrator
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
STORMWATER FACILITY MAINTENANCE AGREEMENT
Rev 3/2/2017
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on 6"WIVi k, J� 7 by
Jesus J. Chapa, Assistant City Manager of the City of Fort Worth, on behalf of the City of
Fort Worth.
-"`'.°psi% MARIA S.SANCWE7
My Notary ID#22WW
expires pecember 19,2021 Nota Public, State of Texas
'n6 YAG.: emxp
STATE OF UTAH _ §
COUNTY OF UTAH §
Before me, the undersigned authority on this 8th day of
November , 2017, personally appeared
Mike Morley,Manager of American_Charter Development,LLC which is the Manager of High Point
Bolding-,of Ft Worth LLC , known
to me to be the person whose name is subscribed to the foregoing instrument. and
aekfiewledged to ffle that the sate is the aet Of
and that he e*eetAed the mme as it-s1
and as the set ef
and for the
JENNIFER L i N D blic, State of Utah
5
NOTARYPUBLIC-STATE OF UTAH
°COMMISSION#674465
COMM, EXP. 02-01-2018
STORMWATER FACILITY MAINTENANCE AGREEMENT 6
Rev 3/2/2017
O
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AM.P.,So Ir
77
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FIR4 PLAT
EXHIBIT "A"
FINAL PLAT- DRAINAGE EASEMENT CLOSELIP
ENT— — — P.R.T.C.T.
1/2"IRF 831.54'—(831.40'PLAT)
15' 1" 1/2"IRF— —
711- - - - -
15'x22.5'WATER LINE ESM'f u.l
15'WATER LINE ESMT TO THE
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PRIVATE DRAINAGE EASEMENT• •' •• I I N { F
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STORMWATER FACILITY MAINTENANCE AGREEMENT 8
Rev 3/2!2017
EXHIBIT "B"
DESIGN CALCULATIONS
PRE PROJECT PRE PROJECT
Drainage Area C Ta 1-Yr I 5-Yr f 100-Yr I 1-Yr 0 5-Yr O 100 Yr O Area Ac Area rte Area dAc) A.^u.I W
> eighted
Area/Pt ac (min) (inthr) I (inthr) (cfs) (cfs) 0.30 060 1 0.70 0..?0 C
OS-Aa 677 068 10.00 406 5 74 9 Z4 1866 26 39 42.48 0 00 1 44 533 0 DO 0.68
OS-Ab 9.07 0.60 15.00 3.72 486 7 98_ 18 07 26.45 43.41 0 DO 4 07 0 00 �0"�}0__ 0.60
A 10.00 032 10 00 4 OS S.T4 9 2d 13 08 1850 29 79 963 000OI 00 0.37 0.32
GS-Aa+OS-Ab+A 25.84 0.51 1&70 2.44 d.38 7.26 38.94 58.05 96.3 `
ULTIMATE
Drainage Area Tc �406
Yr I 5-Yr I 100-Yr t 1-Yr 0 5-yr O 100-Yr 0 Area(A �L .. A. a =�(Ac1,Weighted
Area7Pt ac 0
(min) lhr) in,'hr) (inihr) cfs (cfs` (cfs` 7 air
0S-Aa 6.77 0.68 10.00 . 5.74 924 18.65 2EOSAb 9.07 060 15.00 .32 4.86 798 18.07 20.45 43 41 __ n
A 907 0 a4 1000 4.06 5 74 924 3094 43 76
OS-Aa+OS-Ab+A 24.91 0.71 16.28 3.17 1 468 7.71 56.05 82.84 136 14 _
B 0.93 0.30 10.00 4.06 1 5.74 9.24 1.13 1.60 1 2.58
R uired Dention Stor a Volumes bX iSWM Equations 1.1.26,.27,.28a.and 28b
Frequency a b C Td V reliminary P180 P,! VT 3X VmaX
(acres) s) ! (min) (min) ft"3 (in)_ _ ." ac-ft
1-Year 95.835 13.425 0.71 1 " '`24 19,646 1 T 00 0.83
5-Year 170.81 19.435 0.71 •t 13 31 900 2' 58 900 1.35
100-Year 322.07 24.388 0.71 21 •1 ' ' - 109 500 2.51
Actual Detention Storage Lnurnes
Abwed Required Storage Water Actual Actual 0/ Actual Actual S/
Freq. Dische Surface Discharge 0 Allowed 0 St S Required S
cfs ac-ft) (ft'3) (elev) (cfs) 1M3
1-Year 37.80 0.83 36,000 736.31 37.80 10096 61!234
0 170%
5-Year 56.45 1.35 58,900 736.58 56.43 100% 80 136%
100-Year 93.72 251 109,500 737.00 93.65 100% 1101 101%
Pond Outlet
U/S Flow Line 734.00
O/S Flow Line 733.90
Number of Pipes 3.0
Diam.of Pipe(in) 180
Length(ft) 47.00
Material Concrete
Shape Circular
End Square Edge
n 0 013
Gravity(g) 32.2
Ke 0.7
K 0.0098
M 2
c 0.03987 Pond Weir Outlet
Y 0.67 U/S Fbw Line 736.110
Correction -0.5 Width 21.50
Form 1 Weir Coefficient Co 2.75
Staga Volume-Disch rge Rating Table
Elevation Storage Pipe Pipe Weir Weir Total
(ft) Storage(ft) (-_ft) Discharge Velocity Discharge Velocity Discharge
(cfs) (fps) (cfs) (fps) (cfs)
734-00 0 000 0.00 0.00 0.00 0.00 0.00
735.00 7,431 0.17 6 81 1.28 0.00 0.00 6.81
736.00 39,257 0.90 2388 4.51 0.00 0.00 23.88
737.00 1 110,298 2.53 34.76 6.56 59.13 275 93.89
737.36 149,133 3.42 38.05 7.18 9372 1 321 131,77
738.00 218.317 501 43.40 8.19 167.23 1 389 21063
If culvert is blocked,the water surface would be 737.36 using the 100 year allowed discharge_This provides
a 0.64'freeboard in the detention pond
-
STORMWATER FACILITY MAINTENANCE AGREEMENT 9
Rev 3/2/2017
EXHIBIT "B"
SCHEMATIC PLAN— PLAN VIEW
PRNATE'JRNNACE EASEMENT
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STORMWATER FACILITY MAINTENANCE AGREEMENT
Rev 3/2/2017 110
EXHIBIT "B"
SCHEMATIC PLAN-CROSS SECTIONS A& B
�-F�EN
NT UNE PROPERTY LNE�
(� TOP OF WALL/BE �I
100 YEA ELEV.-736.00 740
'`IM9E-a 737.00
�` 4 I
I � �
PROPOSED
SURFACE EKL4NRCl
SURFACE I
I
730
0+00 1+00 2+00 3+00 4+00
CROSS SECTION A—A
/-PRaPERfY LNE E4SEMENT UNEP I PROPERTY LNE�
I/ y 1.1
TOP OF V7ALLISERY E)QS I 740
.. - ELEV. 739A0 100 YEAR SURF
I W45-737.00
I PROPOSE I I
SURFACE
I
730
0+00 1+-- 2+00 3+00 4+00 5+00 5+50
CROSS SECTION B—B
SCHEMATIC PLAN-OUTFALL STRUCTURE
TOP Of WALL 714- ,STOP OF SNCL x100-YR BI.00KEO RPE OUTFALL
ELEV.- 30.00 ELEV.-737,00 STRU CLARE WSE-737.3E
WSE 137.00
j
N TOP OF A F
ELE, 73E.00
"eCONL.HEADWALL
FL ELEV.E7 734.0' ELEVATION VIEW OF OUTFALL STRUCTURE
SEE SHEET MOO FOR DETiLL
iop OF WALL7/Z!DW� TOP OF WALL/9ERM
700-YR BLOCKED RPE OUTFALL ELEV.-73E.00 ELE': -737.90
STRLICTURE WEE .37.36
100-YR ASE 37 00-- ROP 0 4EIR ~�' ...
ELEV 736.00:
rw � Z
l (3) 1 E RLP PIPES
� INSIDE BERM
L(3)lE"4:1 FEADMIAUS It19'TM[X 'GOND.fEPdMP.LL _
FL ELEV.=734.00 ROCK RP FAR FL ELEV -?3390
SEE SkM 06..00 FOR DETAIL
SECTION CUT
STORMWATER FACILITY MAINTENANCE AGREEMENT 11
Rev 3/2/2017
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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 13
Rev 3/2/2017
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
MAJOR
INSPECTIONS
Structure type and
Condition
Condition of Rip-
Ra
Berm or
Embankment
Settlement
Location of erosion
Evidence of
Animals
Evidence of Aquatic
life
STORMWATER FACILITY MAINTENANCE AGREEMENT 14
Rev 3/2/2017
Contract Compliance Manager
By signing I acknowledge that I am the person responsible
for the monitoring and administration of this contract,including
ensuring all perfo-M..0 ice a.:d reporting requirements.
Janie S. Morales
Development Manager