HomeMy WebLinkAboutContract 52078 C?TY SECRETARY
COI},rT RACT NO. 570-79
STORMWATER FACILITY
MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into this day of March as , 2019,
by and between Crowley Independent School District, acting by and through Mr. Randy
Reaves, 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 93.592 acre tract located in the Antonio Fernandez Survey, Abstract 506,
Tarrant County, Texas according to the deeds recorded in Insturment Nos. D206044642
and D21817I049, 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 Cowley ISD Career & Technology
Education Center 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
more particularly described by metes and bounds in the attached Exhibit "A" (`Facility
Property"); and
OFFICIAL RECNZ
STORMWATER FACILITY MAINTENANCE AGREEMENT CITY SECR9T RY
Rev. 11/17/2016 F31G l4lWR
FT. WORTH,T
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
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.
STORMWATER FACILITY MAINTENANCE AGREEMENT 2
Rev.11/17/2016
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
EMPLOYEES FROM AND AGAINST ALL COSTS, EXPENSES,
LOSSES, DAMAGES, CLAIMS OR CAUSES OF ACTION
WHATSOEVER ARISING, OR WHICH MIGHT ARISE, FROM THE
STORMWATER FACILITY MAINTENANCE AGREEMENT 3
Rev.11/17/2016
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.11/17/2016
Executed thioday of&&Z 2019.
Crowley Independent School District City of Fort Worth
i
46n
dy Rei.
Jesus J. Chapa
Executivectorof Operations Assistant City Manager
Approved as to Form and Legality
1
vi VL mo
Assistant City AftUrney
ATTEST VOR . „
City Secreta
.�XA$
OFFICIAL RECORD
CITY SECRETARY
STORMWATER FACILITY MAINTENANCE AGREEMENT E,f 0a
Rev.11/17/2016 FT. vV OI�Aq� /TX
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on )Qjy by
Jesus J. Chapa, Assistant City Manager of the City of Fort Worth4 on behalf of the City of
Fort Worth.
MARIA$,SANCHEZ '
o,
*= My Not ID#2256490
Expires December 19,2021 Not ry Public, S to of Texas
'FOF S6 P
STATE OF TEXAS §
COUNTY OF TARRANT §
Before me, the undersigned authority on this �� day of
X00(' ey , 2019, personally appeared Randy Reaves, known to me
to be the eerson whose name is subscribed to the foregoing instrument and acknowledged
to me that the same is the act of Crowley Independent School District, and that he
executed the same as its Executive Director of Operations and as the act of such
and for the purposes and consideration expressed in the foregoing
instrument.
.4 Idt
':`"a% BRENDA S. DEAN
ry Public, State of Texas
°' Notary Public,state of Texas
rGV.+Q My Commission Expires
`:�`` May 08, 2019
OFFICIAL RECORD
CITY SECRETARY
STORMWATER FACILITY MAINTENANCE AGREEMENT /� [y, �p
Rev.1111712016 FT. Y��A)�, ug,-Tx
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 requirements.
Ashraf Ibrahim
Management Analyst II
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TQC
EXHIBIT "A"
"Storm Water Detention Facility"
Being 3.390 acres of land situated in the Antonio Fernandez Survey, Abstract No. 506,
Tarrant County, Texas, being a portion of those certain tracts of land conveyed to
Crowley Independent School District, as filed in Instrument No's. D206044642 and
D218171049, 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 1/2 inch iron rod with cap stamped"Landes & Assoc." found at
the southeast comer of said Crowley I.S.D. tract(Inst. #D206044642, D.R.T.C.T.), also
being the northeast comer of said Crowley I.S.D. tract (Inst. #D218171049,
D.R.T.C.T.), and also being in the west line of Lot 2x, Block O, Southfork Estates, an
addition to the City of Fort Worth, Tarrant County, Texas, as filed in Instrument
#D218054861, Plat Records of Tarrant County, Texas (P.R.T.C.T.), from which a 1/2
inch rod found at the southeast comer of said Crowley I.S.D. tract(Inst. #D218171049,
D.R.T.C.T.),also being in the north Right-of-Way line of Longhorn Trail;
THENCE N 82045'39" W, over and across said Crowley I.S.D. tract (Inst.
#D206044642,D.R.T.C.T.),a distance of 219.25 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 Crowley I.S.D. tracts (Inst. #D206044642, D.R.T.C.T.)
and(Inst.#D218171049, D.R.T.C.T.),the following courses and distance;
S 00003'20"W, a distance of 437.80 feet to a 1/2 inch iron rod set;
S 71'09'53"W,a distance of 244.39 feet to a 1/2 inch iron rod set;
N 31°22'21"W,a distance of 165.23 feet to a 1/2 inch iron rod set;
N 0000413"E,a distance of 269.71 feet to a 1/2 inch iron rod set;
Sheet 1 of 3
CSD 18320
N 46°25'34"E, a distance of 220.96 feet to a 1/2 inch iron rod set;
S 73°34'26" E, a distance of 164.02 feet to the POINT OF BEGINNING and
containing 147,662 square feet or 3.390 acres of land.
tE of r
C ops e94
D ruary 18, 2019 TIAERON W.SIMS
Theron W. Sims, R.P.L.S. :4 5887
Texas Registration No. 5 op 89%o?
Surveyed on the ground, February 15, 2019 uavE
1. Bearings of lines shown hereon refer to Grid North of the Texas Coordinate System of 1983
(North Central Zone; NAD83(2011) 2010.00) 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&Sketch
b. Sketch
Sheet 2 of 3
CSD 18320
S�R IV. INST.RD
D20604 42
D Z D6
R.T.C.T. I i
R N �, 5 6 ''..... P.O.B01 ' I
f
';:'f�??s�:��..i.::�:�:�:`:-;:`.:�:�.`•; :::'...t.
.......................... ..••.......'
.... .2s
....
I1
•—
s y
I
�O
I
k
a!:t
I
.......:......::;:•:::::;:;:;:::::::::::;::;;;:;;::::::•;:•::•::•;:;•:;;;:•;:•;:;; •:•;::::..........: ............. P.O.C.
Q FND 1/2' IRF t
' 1
.: ......;:....... :? :?:_:: :;:: :................................................................... ... .... . . ...... WITH TAMP
CRDWLEY I.S.D. CAP STAMPED I
'LAND
E5 dt ASSOC.
S
INST. #D21817 f 049 (CONTROL MON.)
D.R.T.C.T.
F: I
:.
t: '
I
t-
I
n
W
of
Q¢:
: •.••• •-•
•.•
�••
NO M .
' :N "*""*"***"*................,.,.*.,.,.,.1::; ;: ::: : :;:: ::.. I
II
�
ti
_M
�::•::
(3.390 Ac.)
J
I w
O
�O
O
ri
1
Y
b '
I
Z
N
•� 0
I
O
O
:o
2
41
`•N
O
O
a7
I
2
it O
V
M
W
I
...
o;
I
:•:N
S
O N
b
I
0
O
J
y
u'
(n
I
SCALE: 1 =100' ��•: ? ::•;:•;::............ ...; <; ::;::::::• .........•::•:..................I.............:::.... W I
':. : ' .: `': :: .::.::: ; :.;:.: 39y;�y' CROWLEY I.S.D.
3"'iI'✓ ap INST. ID218171049
�s ....... :.':.::..... D.R.T.C.T.
THERON W. SIMS, R.P. I
TEXAS REGISTRATION N0. 5887 I
Date: February 18, 2019 1)Bearings of lines shown hereon refer to Grid North of the Taxes Coordinate system of 1983(Nora, ' I
Central Zone;NAD83(2011)2010.00)as derived locally from Western Date Systems CorMnucusy
Surveyed on the round Operating Reference Stations (CORS) via Real Time Kinematic (RTK) methods. An average
Y 9 Combination Factor of 1.000141!415 was used to scab grid coordinates and distances to surface. I
February 15. 2019 I
2)All easement tamers shown hereon marked with 1/2 Inch iron rods set with cap stamped 'TNP
INC ESMr. t
rFr t R•F.I 3)Integral parts or this survey EXHIBIT "All
A
F� a.Lao Description
STORM WATER FORT
... S.. b.Sketch WN TR.
"..ERo i'w.'....."' DETENTION FACILITY
q LOT 10X, BLK
5887
SOC/THfnRK EST.
•'•'�FF s s t o•.•OQ- INST.
SU R�ty Situated in the Antonio Fernandez Survey,Abstract No. 506, JD218054861
Tarrant County,Texas. P.R.T.0 T.
L 0 N G H 0 R N TRAIL (COWOLIMON.)
teague nall & perkins
5437 N.RivNside Drive,Suits 100
Fort Worth,Turas 76137
817.336.5773 ph 817.334.7756 fx
V/08 No. CSD 18320 www.tnpinc.eom/Registration No.100116-00 SHEET 3 OF 3
\';f0-P.soo-FTOekwbw ow&fron jrc r — cso tamo.d*g
1 'ily .i
I , 1
♦ � 1
1
♦ate;
- ♦� 11 � II---I •
!`!!♦ 1i I .i�llll �
♦!�ile�`re
♦
!
��ii•�%fie♦w.
m
m
C
V �
C
O
QQ °x 3 O
8 $ 6 6 6 FO N
f? o o r w 'p
Ifl V
0
LL 00
ou
C
x
W
0
V
M
N C
� m v LL La
i A
O
Z t o-
O °1c` r
=
IL
0 n r
P
� m
W
W
s Z
S :° ZtZ
ol
CINI
!§ -
|
2 . u
� §
% _U � B 0
LA■� E
8��•;_® � _ � � � C*l
ƒ%%!uo ._
0 ° c
o u C
4 x
W
/ k
/ & o
y. Q
� • ,
/ z®
z
z` ■.
z ® .■
� z
� 2■ �
�!■�■
| tnp
_��� •;
|lM§
A �Q
j
/�§� -§■ � O
, mz py,u
/ %��a■ �
s
A @»!] |
.. . �
�
|
J �
-
� �
--- _ ■
1
Il
Mel
is�Irc
w�� �� �•�' ',ill �f t:�'�I 'i
I MUM
IUi• ,� i.'�i- = III 'I •
r I _
1T KFy 1+ i
ILB
1,.,,,,r•►� ,1:�: � `" � ' ''it .i
��►�� �� ���:�, � :SII I: �
yj_ ; _ � �` ►, =� , (��I �1 ,III JIIIE
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.11/17/2016
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 10
Rev.11/17/2016