HomeMy WebLinkAboutContract 51324 CITY SECRETARY C
DOE # CONTRACT N0. v °
1
R�CEN_D
SEP 28 20\g STORM WATER FACILITY
�T{V P�A�YkA MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into this day of
c —L�_, by and between Robert Miller , acting by and through
CAC Platinum Investments. LLC, 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 1.25-acre tract located in the ALTA MERE ADDITION, City of Fort
Worth, Tarrant County, Texas, according to the plat recorded in Volume 1037, Page 413,
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 MILLER WAREHOUSES
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 storm water 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 Storm Water Management Facilities be constructed and maintained on a
portion of the Property; and
WHEREAS, the City requires that on-site Storm Water Management Facilities
("Facility") as shown on the Plan be constructed and. adequatelaa iped by the
OFFICIAL RECORD
CITY SECRETARY
Rev.STORM 0 TER FACILITY MAINTENANCE AGREEMENT • QRTH''.X 1
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 Storm Water 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 Storm Water Facility
includes all pipes, channels or other conveyances built to convey storm water
to the facility, as well as all structures, improvements, and vegetation provided
to control the quantity and quality of the storm water. Adequate maintenance
is herein defined as good working condition so that these facilities are
performing their design functions. The Storm Water 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
STORM WATER FACILITY MAINTENANCE AGREEMENT 2
Rev.09/10/2012
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 Denton 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
STORM WATER FACILITY MAINTENANCE AGREEMENT 3
Rev.09/10/2012
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 Denton 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 owner's association.
[SIGNATURE PAGE FOLLOWS]
STORM WATER FACILITY MAINTENANCE AGREEMENT 4
Rev.09/10/2012
Executed this 1'1� day of �e-OO V- 20 4W
Landowner City of Fort Worth
Name:
Assistant City Manager
Title: �i�SiDaN�
Approved as to Form and Legality
ssistant City Atto ey
ATTEST
ity Secret
�XAS
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
STORM WATER FACILITY MAINTENANCE AGREEMENT 5
Rev.09/10/2012
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on ly
)es,n ) , Assistant City Manager of the City of Fort �h, onalf of the City
of Fort Worth.
�a•'P'°`'e MARIA S,SANCHEZ I/i c7 v i
My Notary 10#2256490 �
of y Public, State of Texas
'',rF,�o t+" Expires December 19,2021
STATE OF TEXAS §
COUNTY OF TARRANT §
Before me, the undersigned authority on this j`� day of
en.b-e�- 201Y, personally appeared
r �-. \-,�\\I , known
to me to be the person whose name is subscribed to the foregoing instrument and
acknowled ed to me that the same is the act of
CSC'P\ �h n-. T N v fS� f r,t5 L.C. , and that he executed the same as its
W P - t and as the act of such and for the purposes and
consideration expressed in the foregoing instrument.
Lo Zz
���� •••.••••••. Ste'%,� Notary Public, State of Texas
= •
Q
022
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
STORM WATER FACILITY MAINTENANCE AGREEMENT 6
Rev.09/10/2012
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
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
EXHIBIT "A"
STORM WATER FACILITY MAINTENANCE AGREEMENT 7
Rev 09/10/2012
EXHIBIT A, PAGE 1
A VARIABLE WIDTH DRAINAGE EASEMENT
ACROSS
LOTS 13R & 14R, BLOCK 17, ALTA MERE ADDITION
CLERK'S FILE NO. D217267630
L 0 T EAST w
1 4 R 38.00' >
ir7
N �
LINE TABLE 00
L
LINE BEARING LENGTH
L-1 N 45'0000" E 7.42' 3
L-2 EAST 24.00
L-3 S 45'00'00" W 6.72 :D
00
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WEST
57.25'
SET 1/2• ROD POINT OF
BEGINNING
POINT OF COMMENCING
A R B 0 R A V E N U E ;
( 60' R/W )
OF
JOHN A GRAM m
4151
SUR`" did
SCALE: 1 " = 30' June 28, 2018
Grant Engineering, Inc.
Ene— S--Y— plmnm
3244 Hemphill Street Fart Worth,Texas 76110-4014 817-913-3131
0 10 20 50 100 Firm RegiatrationNo.100919-00
EXHIBIT A, PAGE 2
A VARIABLE WIDTH DRAINAGE EASEMENT
ACROSS
LOTS 13R & 14R, BLOCK 17, ALTA MERE ADDITION
CLERK'S FILE NO. D217267630
LEGAL DESCRIPTION
A portion of Lots 13R and 14R, Block 17, Alta Mere Addition to the City of Fort Worth, Tarrant County,
Texas, according to the plat recorded under Clerk's File No. D217267630, Real Property Records, Tarrant
County, Texas, being more particularly described by metes and bounds as follows:
COMMENCING at a set 1/2 inch steel rod at the south end of the corner clip at the southeast corner of
said Lot 13R and at the northwest corner of the intersection of Joyce Drive, a 60 feet wide public
street and Arbor Avenue, a 60 feet wide public street;
THENCE North 45 degrees 00 minutes 00 seconds East along said corner clip, 7.42 feet to a point;
THENCE West along a line lying 5.25 feet north of and parallel to the south line of said Lot 13R, 57.25
feet to a point;
THENCE North across said Lots 13R and 14R, at 85.66 feet crossing the north line of said Lot 13R and
the south line of said Lot 14R, in all 120.00 feet to a point;
THENCE East, 38.00 feet to a point;
THENCE South across said Lots 14R and 13R, at 34.34 feet crossing the south line of said Lot 14R and
the north line of said Lot 13R, in all 58.25 feet to a point;
THENCE East, 24.00 feet to a point in the east line of said Lot 13R and in the west right—of—way line
of said Joyce Drive;
THENCE South along the east line of said Lot 13R and the west right—of—way line of said Joyce Drive,
57.00 feet to a set 1/2 inch steel rod at the north end of said corner clip;
THENCE South 45 degrees 00 minutes 00 seconds West along said corner clip, 6.72 feet to the Point of
Beginning, and containing 0.1384 acres (6,030 square feet) of land, more or less, 0.1085 acres (4,726
square feet) of which lies in said Lot 13R, and 0.0300 acres (1,305 square feet) of which lies in said
Lot 14R.
The Basis of Bearings used to prepare this description is the plat recorded under Clerk's File No.
D217267630, Real Property Records, Tarrant County, Texas.
OF
to» s Gamut m
Ir 4151
S Grant Engineering, Inc.
Bngm— surveyors PlRODM
June 28, 2018 3244 Hemphill street worth,Taws 76110-4014 917-923-3131
Firm
stion No.100919-00
DETENTION POND — PLAN
SCALE: 1' 20'
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SECTION PLAN
JUNCTION BOX AND DETENTION WEIR DETAIL
MILLER WAREHOUSE �� B A N N I S T E R
STORMWATER FACILITY MAINTENANCE AGREEMENT
if if 4 1E N G I N E E R I NG
EXHIBITB 1 ��240 N.MITCHELL REGISTRATION 9ROA�9(TXMansfield,TX 76063 Bll.892.2099 Bll.842.2095 fax
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THE MOSTADVANCED NAME IN WATER MANAGEMENT SOLUTIONST"
2
E
•'\
THE ISOLATORe ROW
VIA A
INTRODUCTION
An important component of any Stormwater Pollution Prevention
Plan is inspection and maintenance.The StormTech Isolator Row is
a technique to inexpensively enhance Total Suspended Solids(TSS)
removal and provide easy access for inspection and maintenance.
THE ISOLATOR ROW
The Isolator Row is a row of StormTech chambers,either SC-160LP,
SC-310,SC-310-3,SC-740,DC-780, MC-3500 or MC-4500 models,
that is surrounded with filter fabric and connected to a closely located Looking down the Isolator Row from the
manhole for easy access.The fabric-wrapped chambers provide for manhole opening,woven geotextile is shown
settling and filtration of sediment as storm water rises in the Isolator between the chamber and stone base.
Row and ultimately passes through the filter fabric.The open bottom
chambers and perforated sidewalls(SC-310,SC-310-3 and SC-740
models)allow storm water to flow both vertically and horizontally out of Y
the chambers.Sediments are captured in the Isolator Row protecting
the storage areas of the adjacent stone and chambers from sediment
accumulation.
Two different fabrics are used for the Isolator Row.A woven geotextile
fabric is placed between the stone and the Isolator Row chambers.
The tough geotextile provides a media for storm water filtration and
provides a durable surface for maintenance operations. It is also
designed to prevent scour of the underlying stone and remain intact
during high pressure jetting.A non-woven fabric is placed over the '"
chambers to provide a filter media for flows passing through the = .a
perforations in the sidewall of the chamber.The non-woven fabric is not
required over the SC-160LP, DC-780,MC-3500 or MC-4500 models as
these chambers do not have perforated side walls. StormTech Isolator Row with
The Isolator Row is typically designed to capture the"first flush"and Overflow Spillway(not to scale)
offers the versatility to be sized on a volume basis or flow rate basis. OPTIONAL
An upstream manhole not only provides access to the Isolator Row but PRE-TREATMENT
typically includes a high flow weir such that storm water flowrates or
volumes that exceed the capacity of the Isolator Row overtop the over STO,o Row
flow weir and discharge through a manifold to the other chambers.
The Isolator Row may also be part of a treatment train. By treating
storm water prior to entry into the chamber system,the service life can MANHOLE �
be extended and pollutants such as hydrocarbons can be captured. °" WEIR
Pre-treatment best management practices can be as simple as
deep sump catch basins,oil-water separators or can be innovative
storm water treatment devices.The design of the treatment train and
selection of pretreatment devices by the design engineer is often E
driven by regulatory requirements.Whether pretreatment is used or not,
the Isolator Row is recommended by StormTech as an effective means
to minimize maintenance requirements and maintenance costs.
Note: See the StormTech Design Manual for detailed information on
designing inlets for a StormTech system,including the Isolator Row. OPTIONAL
STORMTECH CHAMBERS
THE MOST A/VANCED NAME IN WA TER MANA GEMENT SOLUTIONSTIM
ISOLATOR ROW
INSPECTION/MAINTENANCE
INSPECTION
The frequency of inspection and maintenance varies by location.A
routine inspection schedule needs to be established for each individual
location based upon site specific variables.The type of land use(i.e.
y � ! industrial,commercial,residential),anticipated pollutant load, percent
imperviousness,climate,etc.all play a critical role in determining the
actual frequency of inspection and maintenance practices.
At a minimum,StormTech recommends annual inspections. Initially,
the Isolator Row should be inspected every 6 months for the first year
s: . of operation. For subsequent years,the inspection should be adjusted
based upon previous observation of sediment deposition.
The Isolator Row incorporates a combination of standard manhole(s)and strategically located inspection ports
(as needed).The inspection ports allow for easy access to the system from the surface,eliminating the need to
perform a confined space entry for inspection purposes.
If upon visual inspection it is found that sediment has accumulated,a stadia rod should be inserted to
determine the depth of sediment.When the average depth of sediment exceeds 3 inches throughout the length
of the Isolator Row,clean-out should be performed.
MAINTENANCE
The Isolator Row was designed to reduce the cost of periodic maintenance. By"isolating"sediments to just
one row,costs are dramatically reduced by eliminating the need to clean out each row of the entire storage
bed. If inspection indicates the potential need for maintenance,access is provided via a manhole(s)located on
the end(s)of the row for cleanout. If entry into the manhole is required,please follow local and OSHA rules for a
confined space entries.
Maintenance is accomplished with the JetVac process.The JetVac process utilizes a high pressure water
nozzle to propel itself down the Isolator Row while scouring and suspending sediments.As the nozzle is
retrieved,the captured pollutants are flushed back into the manhole for vacuuming.Most sewer and pipe
maintenance companies have vacuum/JetVac combination vehicles.Selection of an appropriate JetVac nozzle
will improve maintenance efficiency. Fixed nozzles designed for culverts or large diameter pipe cleaning are
preferable. Rear facing jets with an effective spread of at least 45"are best. Most JetVac reels have 400 feet
of hose allowing maintenance of an Isolator Row up to 50 chambers long.The JetVac process shall only
be performed on StormTech Isolator Rows that have AASHTO class 1 woven geotextile(as specified by
StormTech)over their angular base stone.
StormTech Isolator Row(not to scale)
Note:Non-woven fabric is only required over the inlet pipe connection into the end cap for SC-160LP,DC-780,MC-3500 and MC-4500 chamber
models and is not required over the entire Isolator Row.
OPIIOMAL MtPECTN)N PORI
lGTtl.S'W14 COYER EMIIE ISOLATOR ROW WRN AD!
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COAINECTId1 TO ENO CAP WRR ADS - z
GE0.4YNREIICS 801T N01F1YWR
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STORARECtt END CAP
CATCH BALM
OR
11ANHOIE
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IN'RRD 91.p IER RECOAtAENDE01 TOOLAYERS OTONE OEOSYNT1SEft ONT AFA8NC VWT OLFT SEEER
FgRpAT1011 STdIE AD CRAIlER4 CORIMJOIIS FABRIC MRNplT 9EAYO
31'(!00 mml ROPE ACCESS WE REOUPEP.AICJSOD,AIG3300.96114 DFTSD 10-7(41 M W WIDE:UC1900
tS(000 mm)ROPE ACCESS PPE REOIMRED:SC310 S.3B C33 MI IM WIDE:OC 3000
r 1300 M)POPE ACCESS PPE REOINRED:3r,18XP 4(t!MI IISI AAS!DL>b,SS6T10
P(t!.(MSI WR 9Wt4 G/SOV ____
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STEP 1
Inspect Isolator Row for sediment.
A) Inspection ports(if present)
i. Remove lid from floor box frame
ii. Remove cap from inspection riser
iii. Using a flashlight and stadia rod,measure depth of sediment and record results on maintenance log.
iv. If sediment is at or above 3 inch depth, proceed to Step 2. If not,proceed to Step 3.
B)All Isolator Rows
i. Remove cover from manhole at upstream end of Isolator Row
ii. Using a flashlight, inspect down Isolator Row through outlet pipe
1. Mirrors on poles or cameras may be used to avoid a confined space entry
2. Follow OSHA regulations for confined space entry if entering manhole
iii. If sediment is at or above the lower row of sidewall holes(approximately 3 inches), proceed to Step 2.
If not,proceed to Step 3.
STEP 2
Clean out Isolator Row using the JetVac process.
A)A fixed floor cleaning nozzle with rear facing nozzle spread of 45 inches or more is preferable
B)Apply multiple passes of JetVac until backflush water is clean
C)Vacuum manhole sump as required
STEP 3
Replace all caps, lids and covers, record observations and actions.
STEP 4
Inspect&clean catch basins and manholes upstream of the StormTech system.
1)B) 2
1)A)
I
4-\' r.
SAMPLE MAINTENANCE LOG
sops iu
3/15/11 ~6.3 fE FLxed poitiE is C1 f ro,me 01 DW
grade
9/24/11 6,2 0,1 fE Some grLE felt SM
6/20/13 5 ff 0,5 fE Muck?, feel, debris visible Lti WOKkoLe o.6nd LK mNd
1sOLo.EOr Row, rviG1KEeh0.6kce due
7/7/13 6.3 fE S sEerA jeEEed and vacuumed D7M
IDS 7 th,ADS PIP-11
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LA}IL) •
Advanced Drainage
4640 Trueman Blvd.,Hilliard,OH 43026
1-800-821-6710 www.ads-pipe.com
Exhibit "C"
CITY OF FORT WORTH STORM WATER 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.
STORM WATER FACILITY MAINTENANCE AGREEMENT
Rev 09/10/2012
Exhibit "D"
Storm Water Structural Maintenance CHECKLIST
FREQUENT REPAIRS REPAIRS
INSPECTION DATE REQUIRED MADE NOTES
C
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 Storm
Water Quality
Structure
Type of Storm
Water Quality
Structure
Structure type and
i
_Condition _
Condition of Rip-
STORM
i -STORM WATER FACILITY MAINTENANCE AGREEMENT 9
Rev 09/1012012
Ra
Condition of
filtrations stem
Berm or
Embankment
Settlement
Location of erosion
Evidence of
Animals
Evidence of Aquatic
life
Condition of
Aeration
Foundation
STORM WATER FACILITY MAINTENANCE AGREEMENT O
Rev 09/10/2012