HomeMy WebLinkAboutContract 51213 DOE #
CITY SECRETARY
CONTRACT NO. 51 l�i
STORMWATER FACILITY
MAINTENANCE AGREEMENT
(Detention Area B-3)
THIS AGREEMENT, made and entered into this day of QJ,4 _
SEP pa�N by and between ,q—Facting by and through
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 0.1377 acre tract located in the Hugh F. Largent Survey, Abstract No. 960,
City of Fort Worth, Tarrant County, Texas according to the plat recorded in Cabinet A,
Slide 10587, 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 Allied Electronics Building and
Parking Addition 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
Stonnwater 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 Stonmwater Management Facilities be constructed and maintained on a portion
of the Property-, and
WHEREAS, the City requires that on-site Stonnwater Management Facilities
("Facility") as shown on the Plan be constructed and adequately maintained by the
STORMWATER FACILITY MAINTENANCE AGREEMENT OFFICIAL RECORD
Rev.11/17/2010
CITY 35CRE'I'ARY
FT.WORTH,YX i
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 Stornwater 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 Stornwater Facility
includes all pipes, channels or other conveyances built to convey Stornwater
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 Stornwater 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
perforr► their design function, shall be noted in the inspection report along with
the cor•ective 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.11/17/2016
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 forr 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 11/17/2016
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 PERFORIN[ 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]
SI ORMWATER FACILITY MAINTENANCE AGREEMENT 4
Rev 11/17/2016
[SIGNATURE PAGE FOLLOWS]
Executed this 22nd day of st 018.
Landowner City of Fort Worth
Name: T,r � Jesus J. Chapa
Assistant City Manager
Title:
Approved as to Form and Legality
Assistant City Adomey
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ity Secretary
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OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
STORMWATER FACILITY MAINTENANCE AGREEMENT 5
Rev.11/17/2016
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on S ' y
Jesus J. Chapa, Assistant City Manager of the City of Fort Wo on behalf of the City of
Fort Worth.
/I
(I .
MARIA S.SANCNEZ tlf�'
v
My Notary(D 2256490 N ary Public, State of Texas
Expires ecember 19,
D 2021 �
STATE OF TEXAS -___I §
COUNTY OF TARRANT §
Before me, the undersigned authority on this 22nd day of August, 2018, personally
appeared Scott Jayes, 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 Allied
Electronics, and that he executed the same as its Vice President of Operations and as the
act of such Allied Electronics and for the purposes and consideration expressed in the
foregoing instrument.
REBECCA TERRY
' _Notary Public,State of Texas Not Public, State of Texas
Q� Comm. Expires 0429-2022
Notary ID 128253940
OFFICIAL RECORD
CITY SECRETARY
FT.WDR"rH,TX
STORMWATER FACILITY MAINTENANCE AGREEMENT 6
Rev.11/17/2016
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.
Ashraf Ibrahim
Management Analyst II
QFFICIAL RECORD
CITY SECRETARY
EXHIBIT"A"
INSERT LEGAL DESCRIPTION
STORMWATER FACILITY MAINTENANCE AGREEMENT 7
Rev. 11/1712016
I •
EXHIBIT"A"
DETENTION MAINTENANCE AREA B-3
RIVERSEND WEST BUSINESS PARK ADDITION
LOT IR,BLOCK 7
HUGH F.LARGENT SURVEY,ABSTRACT NO.960
CITY OF FORT WORTH,TARRANT COUNTY,TEXAS
Being a 6,000 square foot(0.1377 acres)tract or parcel of land situated in the Hugh F.Largent Survey,
Abstract No.960,City of Fort Worth,Tarrant County,Texas,being a part of Lot 1 R,Block 7, Riverbend
West Business Park,an addition to the City of Fort Worth according to the plat recorded in Cabinet A,
Slide 10587, Deed Records,Tarrant County,Texas(D.R.T.C.T.)and Instrument No.D205298818,
D.R.T.C.T.,and being a part of a tract of land described In a Special Warranty Deed to Allied Electronics,
Inc.recorded in Instrument No.D205337596,D.R.T.C.T.,and being more particularly described as
follows:
COMMENCING at a 5/8"iron rod found on the northeasterly right-of-way line of Riverbend West Drive
(variable width right-of-way),for the southern end of a compound curve,from which a 1/2"iron rod found
on the southwesterly right-of-way line of said Riverbend West Drive and the northeasterly line of Lot 9,
Block 3, Riverbend West Business Park,an addition to the City of Fort Worth according to the plat
recorded in Volume 209,Page 56, D.R.T.C.T.,bears South 740 15'33"West,a distance of 68.00 feet;
THENCE South 15°45'44*East,along the common line between the said right-of-way fine of Riverbend
West Drive and said Lot 1 R,a distance of 106.04 feet to a point;
THENCE over and across said Lot 1 R,the following course and distances:
North 74" 14' 16"East,a distance of 24.04 feet to a 1/2"iron rod with a yellow plastic cap
stamped"RLG INC"set for the POINT OF BEGINNING;
North 89"22'5T East,a distance of 100.00 feet to a chiseled'X'set;
South 000 37'03"East,a distance of 60.00 feet to a chiseled'X'set;
South 89"22'57"West,a distance of 100.00 feet to a 1/2"iron rod with a yellow plastic cap
stamped'RLG INC'set;
North 000 37'03"West,a distance of 60.00 feet to the POINT OF BEGINNING and containing
6,000 square feet or 0.1377 acres,more or less.
Basis of Bearings:Texas Coordinate System of 1983,North Central Zone,NAD 83(2011)EPOCH
2010.00,based on Real-Time Kinematic Observations utilizing Western Data Systems Virtual Reference
Network.
A PVlx TERF0 9�
.•.QWADE.. .o
BRIAN ......
.; Brian .Wade R.P.L.S No.6098
,o 6098 07-26-2018
<o R-0**.- O
SUR��
Sheet 1 of 3
26,868X
1
LOT 8, BLOCK 3
RIIiERBEND WEST BUSINESS 1
PARK
VOL. 209, PG 56 WHAM NORRIS SURVEY
D.R. T.C. T. _ n, ABSTRACT 1165
HUGH F. LARGENT SURVEY
ABSTRACT 960
1
LOT 1R, BLOCK 7
or RI VERBEND WEST BUSINESS PARK
L7 POWCAB. A, SLIDE 10587
51 IRF INST. NO. D205298818
W D.R. T.C. T.
1/2` I ,33
RF S74 65 00 ALLIED ELECTRONICS, INC.
(CM) �� INST. NO. D205337596
D.R. T.C. T. •
DETENTJON MAINTENANCE
AREA B-3
3 Pwr Qr 6,000 SQUARE FEET
LOT 9, BLOCK 3 �' ;j ,1� 0.1377 ACRES
RI WRBEND WEST IZ)- 10 �% l2 L3
BUSINESS PARK I
VOL. 209, PG. 56 �o 1
D.R.T.C. T.
1/2"IRF v
1
(CM) >IM i
w MKS L5 ad
U % z5'MINVAVT.
0 25 50 100 ` CAa ORT 1OW7
(FEET)
1 inch = 50 ft. BASIS OF BEARINGS- TEXAS COVTROLUNG
COORDINATE SYSMW OF 1983, MO MMENTS AS SHOWN
NORM CENTRAL ZO VE, NAD 83
OF (2011) EPOCH 2010.00, BASED *LEGEND AND
ON REAL-AME KIN£MAAC UN£/CURVE' TABLES
y.Q� Fo•,9N 08SER VA ROWS UAUZ/NG FOUND AM PAGE 3
WE'STERY DATA SYSTEMS
....:...........................• VTRIUAL REFERENCE NETNR7IRK.
BRIAN R.WADE
.......................;..
.'% 6098 �., Q EXHIBIT "A"
0 'o
"�SURv�y DETENTION JUINTEN"CE AREA B—S
LOT IR, BLOCK 7
RIVERBEND WEST BUSINESS
arion R. o o PARK ADDITION
07-26-2018
HUGH F. LARGENT SURVEY
RAYMOND L. GOODSON JR., INC. ABSTRACT NO. 960
N. CENTRAL EXPY, STE 300 TARRANT COUNTY, TEXAS
DALLAS, Tx. 75243 CITY OF FORT WORTH,
214-789-8100
Woorlginc.com SCALE 1" = 50' DA TE 07-26-2018 SHEET 2 OF 3
TEXAS PE REG #F-493
TBPLS RRC #100341-00 JOB NO. 1811.016.001 E-FILE 1 1811.016.001 DWG NO. 26,868X
CUR TABLE
CURw DEL TA RADIUS TANGENT LENGTH CH. BRG CH01R0
C1 479'40" 1477.51' 57.98' 115.90' N1330'54"W 11587'
C2 5V4101" 1545.51' 66138' 136.67' NMV910100W 136.63'
C3 937829" 90.50' 96.16' 147.65' S305830"W 131.81'
UNE TABLE
UNE BEAR/NG LENGTH
L 1 S154544"E 106.04'
12 N74 74'16"E 24.04'
L3 N892257NE 1010.00'
L4 S0371031E 60.00'
L5 S892257W 100.00'
L6 N037103"W 60.00'
[E7S8979'04'W 335.13'S15 4544'E 129.18'
LEGEND
........ PROPERTY LAME D.R.TC r. ........ DEED RECORDS
----------- ........ CAMAW EASEMENT L/NE rARRANT COLWTY, TX
........ SEMACK UNE /NST. NO. ........ ANSTRUACNT AMBER
�••. ........ PROPOSED OFIENYAOV
ICAC. ........ NXLAIVE
MA/NIENANLE AREA L/NE PC ........ PAGE
........ PROPOSED DLUENMV CAB. ........ CASIMET
MA/NIENANCE AREA PC ........ PAGE
MORS ........ 1/2'MW RW WIH CUS/CMF ........ QMISELED X'SET/FOOVD
YELLOW PLASAC CAP PFC ........ POWT FOR CORNER
STAMPED 'RLG INC'SET (p1) ........ OAM1ROUM ML AMVVT
AINSW ........ MAG NAX NTH WASHER IRF ........ AWN ROD FOUND
EXHIBIT "A"
DETENTION MINTENANCE AREA B-S
LOT IR, BLOCK 7
RIVERBEND WEST BUSINESS
PARK ADDITION
HUGH F. LARGENT SURVEY
RAYMOND L. GOODSON JR., INC. ABSTRACT NO. 960
12001 N. CENTRAL EXPY, sTE 300 TARRANT COUNTY, TEXAS
DALLAS, TX. 75249 CITY OF FORT WORTH,
214-739-8100
rlg®rlginc.com SCALE 1" = 50' DATE 07-26-2018 SHEET J OF J
TEXAS PE REG #F-493
TBPLS REC #100341-00 JOB NO. 1811.016.001 E—FILE 1 1811.016.001 DWG NOT 26,868X
EXHIBIT B
ALLIED ELECTRONICS
BASIN B-3
EXHIBIT B
Drainage and Detention Summary-From the Final iSMW Drainage Analysis(Approved 8/1/18)
Drainage Area: 1.30 AC 520 520
Time of Concentration(Tc) 10 min
Impervious(%) 80%
ELEV:512.04 ,
2.ELEV:510
FG
FG 4,00-Y-1
-3� =ELEV:507.90ontour a Cumulative Volume 510 510
Elevation s .ft (cu-ft)
i
508 1,735.20 0
509 2,523.68 2,129.45 505 505
510 3,190.87 4,986.72 0400
14 DO 1
436
511 3,906.48 8,535.40 fV N p
freeboard w U- i U M. LO Lo
512 4,676.601 1 12,826.94 w u- w w LL
Basin Calculation: Outlet Structure 15"RES to Inlet type C w/reticule grate
1100 11.50 in.hr (24'ADS HP Storm)
Qa= 21.85 CFS
i180= 1.81 in/hr
P 180= 5.43 in
Vmax= 5,730 CFS
Point of Discharge 1-YR STORM 5-YR STORM 100-YR STORM
Allowable Routed Allowable Routed Allowable Routed
Discharge cfs Discha a cfs Discharge cfs Discharge cfs Discharge cfs Discharge cfs
West
POA B-3 1 11.3 13 'L 21.9
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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 8
Rev 11/17;2016
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 9
Rev.1111712016
Condition of
filtration system
Berm or
Embankment
Settlement
Location of erosion
Evidence of
Animals
Evidence of Aquatic
life
Condition of
Aeration
Foundation
STORMWATER FACILITY MAINTENANCE AGREEMENT 10
Rev 1 111 7/201 6