Loading...
HomeMy WebLinkAboutContract 50421 CITY SECRETA RY CONTRACT NO. .u.l t�4AR 19 2018 T(SECRE ARTH *: C11V V STORMWATER FACILITY MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this day of. , 2018, by and between Brazos Electric Power Cooperative, Inc., 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 7.526 acre tract located in the James Rightly Survey, Abstract 1268, Tarrant County, Texas according to the deed recorded in Instrument No. D216092927, 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 Wellington Substation 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 winch is shown and OFFICIAL RECOm Cirf'SECRIr'' TRY STORMWATER FACILITY MAINTENANCE AGREEMENT ' ��tH1 TX 1 Rev.2/2/2018 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.2/2/2018 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.2/2/2018 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 FACILITY 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.2/2/2018 Executed this 422day of X018. Landowner: City of Fort Worth Brazos Electric Power Cooperative, Inc. Name: Cl on ei �m Jesus J. Chapa 67"r Assistant City Manager Title: Ex tive Vice President and General Manager Approved as to Form and Legality Contract Manager: Name: Title: i J -Assistant City Attorney ATTEST - City Secre Of M&C: �xAs 1295:_ OFFICIAL RECORD CITY$ECRET'A" FTo WORT'H9 TX STORMWATER FACILITY MAINTENANCE AGREEMENT cJ Rev.2/2/2018 STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on L by Jesus J. Chapa, Assistant City Manager of the City of Fort W;A, on behalf of the City of Fort Worth. MARIA S.SANCHEZ My Notary ID#2256490 Not ry Public, State of Texas -"TF ��+ Expires December 19,2021 OP• STATE OF TEXAS § COUNTY OF MCLENNAN § Before me, the undersigned authority on this 2Z 4d day of Fe brUA,V--V , 2018, personally appeared Clifton Karnei, Executive Vice President and General Manager of Brazos Electric Power Cooperative, Inc., 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 Brazos Electric Power Cooperative, Inc., and that he executed the same for the purposes and consideration expressed in the foregoing instrument. 7 �Npw.a«•••,hM MCKF Notary Public, State of Texas vPRY'P �'-�►�- OF O �S 09-01�•'�! OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX STORMWATER FACILITY MAINTENANCE AGREEMENT 6 Rev.2/2/2018 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 report' g requirements. Janie S. Morales Development Manager OFFICIAL RECORD CITY SECRETARY FT. WORTM,TX EXHIBIT "A" "Stormwater Detention Pond Facility" 1.294 acres of land situated in the James Righly Survey, Abstract No. 1268, City of Fort Worth, Tarrant County, Texas and being a portion of that certain tract of land described in deed to Brazos Electric Power Cooperative, Inc., according to the deed filed in County Clerk's (C.C.) #D216092927, Deed Records of Tarrant County, Texas (D.R.T.C.T.); and being more particularly described by metes and bounds as follows: COMMENCING at a 5/8 inch iron rod with cap stamped "Brooks Baker Surveyors", found at the southeast corner of said Brazos Electric tract, also being the southwest corner of a tract of land described in deed to KTS Investments, LLC, according to the deed filed in C.C. #D206161824, D.R.T.C.T., and also being in the north Right-of-Way (R-O-W) line of Blue Mound Road W. (County Road 4047, variable width), from which a 5/8 inch iron rod with cap stamped "Brooks Baker Surveyors", found at the southwest corner of said Brazos Electric tract, also being the southeast corner of a tract of land described in deed to Elizabeth Miller, according to the deed filed in C.C. #D206165020, D.R.T.C.T., bears S 89°57'14" W, a distance of 513.43 feet; THENCE N 00049'55" W, along the east line of said Brazos Electric tract, and along the west line of said KTS Investments tract, a distance of 247.53 feet to a 1/2 inch iron rod set with cap stamped "TNP Inc Esmt" (hereinafter all 1/2 inch iron rods set are marked the same) for the POINT OF BEGINNING of the hereinafter described tract of land; THENCE over and across said Brazos Electric tract, the following courses and distances; N 88°41'14"W, a distance of 35.50 feet to a 1/2 inch iron rod set; N 00049'55"W, a distance of 297.00 feet to a 1/2 inch iron rod set; N 89032'22" W, a distance of 454.00 feet to a 1/2 inch iron rod set; S 00049'22"E, a distance of 52.50 feet to a 1/2 inch iron rod set; N 88°41'14" W, a distance of 38.88 feet to a 1/2 inch iron rod set in the west line of said Brazos Electric tract, also being in the east line of said Elizabeth Miller tract, and also being in the east line of a gas site permit tract for Devon Energy Production Co., as filed in C.C. #D209319110, D.R.T.C.T.; THENCE N 00049'22" W, along the west line of said Brazos Electric tract, the east line of said Miller tract and the east line of said Devon tract, a distance of 138.72 feet to Sheet Iof3 BEC 17056 a 5/8 inch iron rod found at the northwest corner of said Brazos Electric tract, also being the northeast corner of said Miller and Devon tracts, and also being in the south line of a tract of land described in deed to Doghouse Investments, LLC, a Texas limited liability company, according to the deed filed in C.C. #D206165018, D.R.T.C.T.; THENCE S 88041'14" E, along the north line of said Brazos Electric tract, and along the south line of said Doghouse tract, at a distance of 293.80 feet passing a 5/8 inch iron rod found at the southeast corner of said Dogwood tract, also being the southwest corner of a tract of land described in deed to D.J.B. Holdings, LLC, according to the deed filed in C.C. #D206166021, D.R.T.C.T., and continuing along the south line of said D.J.B. Holdings tract, in all a distance of 528.57 feet to a 5/8 inch iron rod found at the northeast corner of said Brazos Electric tract, also being the northwest corner of aforementioned KTS Investments tract and also being the northwest corner of a gas site permit tract for Devon Energy Production Co., as filed in C.C. #D209319111, D.R.T.C.T.; THENCE S 00049'55" E, along the east line of said Brazos Electric tract, and along the west line of said KTS Investments tract and Devon tract, at a distance of 300.11 feet passing a 5/8 inch iron rod found at the southwest corner of said Devon tract, and continuing along the east line of said Brazos Electric tract and west line of said KTS Investments tract, in all a distance of 376.47 feet to the POINT OF BEGINNING and containing 56,345 square feet or 1.294 acres of land. �EOFTF 5�P'eO 5 TT�ti.� February 8, 2018 THERON W.SIMS eron W. Sims, R.P.L.S 9 5887 e Texas Registration No. 58 7 ,,a8g10 l,�No Surveyed on the ground February 8, 2018 URVFy�� 1. Bearings of lines shown hereon refer to Grid North of the Texas Coordinate System of 1983 (North Central Zone; NAD83 (2011) Epoch 2010) as derived locally from Western Data Systems Continuously Operating Reference Stations (CORS) via Real Time Kinematic (RTK) methods. An average Combination Factor of 1.000148415 was used to scale grid coordinates and distances to surface. 2. Integral parts of this survey: a. Legal Description b.Sketch Sheet 2 of BEC 17056 m 0_T^O (� o 'oP cO 6w So h C co�ov�uiVoEYWc Eo3 _nL i03 O 03 'tEo 00 tP.••: wO V0 O Fn N~ o rn0ll 7� _ ZAFa-1 U co N �yO 00 Z)� :F< L- OZ: 4i )O E Ow =O mOV2> F�f O O N R )Z O O N Z a L v EE N C N N�' >. Q L c z v L LJ X �+ � rTl m E-o a)vy 2 2 LL.1 0 7 0) F+1 O m-`_N O c C N F-F- 0 V)LL A �+ o M0.2 -0a 't, c � CQ) YC� � C� 01E cWC ca cVa as Oa ��u y > y > �1 o��y � o o� y Lj Q z �� � y v� c r3 c - a� m��°c °j2 0 m v w °O ti2jCV� N 1O m °off a) N0N Q y c-i u) ��00 Z 0 ca •'-� .-U N O E tin N fh lC d 4Or Q 1-�1•�•Q . �A � fiZ819190Z0#'0'J 2 `077 `S1N3W1S3hNl Sly � o ,Lb'9L� '3„99,6b.00S Q ' M,SS 6b.00N o` o d i 0 €f;ll "L' VZ Vi O O tj m C7 -2 I Q n� o N _ � O 0 O° mo o= ,00'L6Z -M„SS,6b.00N � g Q 00 ,I wQ, cc � � Z � it Qp cd Ln LO vQ- to O Ci V � xWo �rGj i o bo ~ 2 O) W 1co ::::J:;:::iiiii::i:i'• Z O m COO La Lo (10 IIIN O; v cy o LSI lil€ ZiO� '' � O U r- W N ?J W cow L00 y g CL C14 in Z LLJ 04 LO Z jr 00 y t C.) CL p '€;iii Q C u ^ m C14 cq ca to `' 1 O cn V d oC N t F- Z LL � o O N - w M 00 00 ; € 00 «c Ci 00 00 ti � lI ZM 2 O 3 O C) 2� llM„ZZ,6b.00N j CN ,ZL'82 l o z iota- Q�c Ov I 3�Y¢ 0 L4ZZ -II 1.0121'0 _I O W p w L ti o ti iOZOS9l90Z0# 0'0 1 17�Y , p2 O O I 2/377/N H138VZ173 O o WQOj Lq Li 'goj W=Jo ,ixx lls a f .9 E- ju 9 4 If A — - f-z 9299 J-p 2 Ila I i—w ail 't 1p bw zz. jig M J -————————— -———— ——————-—�w ILI ————_—___—moi ----- 11,11M 11' ? * , :; Y ; ; 1 IN I I 245114`fl is jM1111 11� V fl ill bE jl 12 Cglg 1,01 i Ell 93 1 lift -N ,ty Oz Si fo p" as H i Li 04 4F I 112 EXHIBIT "B" DESIGN PLAN AND SPECIFICATIONS � M r ! p W �p �gno , C ipwH Y g j gg pp a p Z a2�83�G i p�p h'„HAI Y4 I I � c C �� Milt 3 jgaviS o ® L" gin JK "Ir G i _ 1 r r I I I l ll 2 c otlg§gzs �; le, � ��Ix •la off:<�� it I R I Irilei ill v I II e LJ LJ ..I /fl IT I 1 r I LTJ' I — I ' _'INWO r 3AC/t;ml 1 I_, o lal, - l>gl 18 1 I iS 40 I_:�J _ 1 •s � <n I m _.J >af -- ----- - .n ; +�_.'� -�« _sC�c-sn s, "•s.� sn� --_�.-'�-._s.5- e-�"` - s"--F-t) I Ultok—blo) `avcisl urn 7,�Lj� al 9YL]I1r pVn yTv.M NNYLL1+ a j� YS w4 0 E t ti �' Ike t { V p Q Z a ��la e v+ a S x� @ q4$ ry ' ' p Z „k� N Le � vw w LU as „s � a P5;ti��pg �k j IN w� ou 8$SI�: l- I' `C �: W y- 0 Z z � IV n N 4 g{ Y w cl- a >'o z w W 9:.n1 Ztom" AUJ oeQss� €.� fYe ■ t o I UJ is a his Cg U-8m4Ui Clz 13 4ir frl I I I d2$ R- 4 I mm 4 © alk io p i -"IP'�BRo�'I � e S amggs�` Ni o g8e N ea�W Ld I $ O �P� }OY � U � U E o uo o ki ti obi - v''i f I o °a;�i YE@`-§'s u $a E W "e ac St s, y Cl- x� w � ,�I„ �E; wgz s om^ 91 I rII jyl � till Fill% 4 I I 11 _ `. �� _ r o bio f�� I I $f E•y J U o j CL W IA a ~ R z r Q Uw c 3 Ch CF. G 5m Izz I m3 r o E ai Naw, j E o : : tV 3 $ $3w € VIE m I _ o I• j � o N a. w� I t J --------- ------------ f t � I < o I • ` 4t f� aw I wy�y �d P - Ka 6tl Q N F Z C W o B N O x S� Z g N y o e � u S & r Z z g; a Ek it lit sla. H 21 MIT Ham w m € J J O WA, Q 100 m b+v •.. 3 8 0 5 CS o LU 8 z �3 g L `m e r w_ Y w W ' ti w > > Z o U �I : a R m ttI a Aga g F F- 0 z z tl .'y Aga d WIx:; CL lb 5 F1 wnal F • 7 Q yb z E'r n9a "T- �� aa` asa JET ��` d P � AIM g � � � awe �_�$� s= a � � � w$ =a6 q� a�ag. 9a � i� �w ¢G=Ps a sad s 3E ge K�EB V g I':d'al 911 a g � dag t e ism" X a s� a fie" ;" m e e€= sv ' aW "e a sw= aa s M s f:b $��,� s i ao sae„ F a �a3 LL ' a € 9k a g$ a #g 3 �' s®sgyaa ; i .i6 mfg � s e$ ns 1151.5saa a ° r i g Z- se § y �� w g g " a ' go d € 3i s € 3Ab ��y s ga€ ' � a gp ag Ng €; a e a 9 me =N €u a e €�8 o b 0 3 p gad �= 5 o , 9 ge 2 H, on a gra y I � y3 =° .� so er � e= a 9� 6 10 H1 N i. p, sba ag $ ��3 a= a aha 5 g s a M. N aag F a s-H `s bK RUN s �"s_m t �� $''$ 3� �, � sg K `b we o R` " � a _g g E skg fig° e e a swWg & g ff w °y, 7 $ ff�de s 4� d xa € [ �s t � �g�'g � � w 5 E s= s sae 6W a a" 0 g ® a a g n 5<p H - E o g6 "� " a;8 b °" 3 i'EJ Ia 3w $as' $:6 dS E g" 8 q• ff X19 w e rye: $ ;" 4 g §g g' im a z E n y s e g4 # iff� fill cn sad €" a �mn� ! §, g� " a, eYw m° c K novas qa" � LL �a g s g � � ac g ga s y €° a W §" adwa' gH §y � s€ e= g g 'ua gs 'Ind � _ sgw a Es a g t € €a a ffo as n M 1 � e b a a g, 1- �m u$ a -g Eta H a a a u a a a A 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.2/2/2018 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.2/2/2018 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 0 Rev.2/2/2018