HomeMy WebLinkAboutContract 52249 CITY SECRETARY
CONTRACT NO.
DOE #
pp�30 2�19 STORMWATER FACILITY
MAINTENANCE AGREEMENT
G\�SECS
THIS AGREEMENT, made and entered into this day of April 15, 2019, by and
between Shell Coast, Inc., acting by and through Brian Thornton, 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 2.222-acre tract located in the John F. Heath Survey, Abstract 641, Tarrant
County, Texas according to the deed recorded in Instrument No. D219075530, 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 RaceTrac 1332 Dirks & Granbury
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
EFT.
L RECORID
STORMWATER FACILITY MAINTENANCE AGF.EEMENT CRE 6ARY
Rev. 11/17/2016 RTI-I, TIC
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 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
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 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
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 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 this day of 2011.
Landowner City of Fort Worth
Name: Brian Thornton Jesus J. Chapa
Assistant City Manager
Title: Vice President
Approved as to Form and Legality
&M/I 16L I 11-AA1,1
ssistant City Atto ey
ATTEST
City Secretary r G
`t .
®FFEC:LRvi v,,STORMWATER FACILITY MAINTENANCE AGREEMENT CITY y
Rev.11/17/2016
FT: W ')
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on X/7 by
Jesus J. Chapa, Assistant City Manager of the City of Fort Word, on behalf of the City of
Fort Worth.
AIARIAS.SANCHEZ
-•: ' '' ary ID#2256490 No Vtry Public, State of Texas
i�TE •;�+'' Expires December 19,2021
STATE OF TE- Ceo%f c` §
COUNTY OF TAPAANT Cc ,cb §
Before me, the undersigned authority on this 1 cj day of
( �t� 204 personally appeared Brian Thornton, Owner,vtce ?(es,*e-lek-4
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
C and that he executed the same as its
and as the act of such e—v-\k and for the purposes and
consideration expressed in the foregoing instrument.
R�`••.'��: otary Public, State of Texas
EXPIRES
GEORGIA
's AUG 7.2020 = _
h \ `
OFFICIAL RECORD
CITY SECRy�E,yTARY'
STORMWATER FACILITY MAINTENANCE AGREEMENT FT. WORTH,XX
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
OFFICIA➢. RECORD
CITY SECRETARY
FT. WORTH,TX
EXHIBIT "A"
INSERT LEGAL DESCRIPTION
STORMWATER FACILITY MAINTENANCE AGREEMENT 7
Rev.11/17/2016
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Proposed Pond POND CALCULA TIONS
Elevation-Discharge Table REFERENCE iSWM REPORT PREPARED BY KCE ENGINEERING, LLC
Principal Emergency ON NOVEMBER 5, 2078 FOR HYDRAULIC ANALYSIS.
CONTACT.- CLINEYT ERBATUR, PE
Elevation Weir Weir Total PHONE. 817-896-7730
(ft) (cfs) (cfs) (cfs)
783 0 0 0.00
783.5 0.02 0 0.02
784 0.13 0 0.13
784.5 0.34 0 0.34
785 0.71 0 0.71
785.5 1.24 0 1.24
786 1.95 0 1.95
786.5 2.86 0 2.86
787 4.00 0 4.00
787.5 5.37 0 5.37
788 6.99 0 6.99
788.5 8.87 28.57 37.44
789 11.02 40,40 51.42
Proposed Pond Elevation-Area-Table
Elevation Area Area Inc. Vol. Cum. Vol.
(ft) (sf) (acres) (acre-ft) (acre-ft)
783 11.5 0.000264 0 0
784 1385.4 0.031804 0.016 0.016
785 2640.3 0.060613 0.046 0.062
786 3966.4 0.091056 0.076 0.138
787 5396.0 0.123876 0.107 0.246
788 6930.8 0.159109 0.141 0.387
789 10921.2 0.250717 0.205 0.592
SHEET
TEL zu,.z95S!/S
RACETRAC DIRKS
EX 5500 ALTAMESA BLVD. EXHIBIT B URBAN
SCALE: FORT WORTH, TEXAS STRUCTURE
814o Walnut Hill Lane,Suite 905
Dallas,Texas,,2
N.T.S F�ae nmor aF_3an5
/ I / CONNECT TO EX 24" STORM
l INSTALL:
/ (1) 15" 45' BEND
I EX FL 24"=776.96f
34 X 15" RCP 0 10.61Z ( FL 15'=777.71 SEMENT
EX�SD-0145, SH5)) ST 3'-- — ---\--- (�o�.f2��6996ApG474
J 5.°RAINAGE ,
77711 STA Ot42.32 ST-3" (toe'1 EA 217 a
INSTALL: / rcw p
(1) 15" 45' BEND STA Ot17.00 ST-3"
FL 15"=780.93 INSTALL:
(1) 15" 45-BEND
FL 15'=778.24
CHAIN LACK WNYLI �N LINK FENCE 1 x / 40?AREA
BYTPLA EASEMENT TOGS
STA O+61.88 ST-3" 14 -245-4645
INSTALL: I ^ �°� 790.37 / bodo l-omLoo'"
(1) MOD/F/ED 4 X4' ✓B �� 0 ��' 18' STORM DRAIN
W/ WYE INLET TOP ^° (SEE SHEET C6 AND
(REF DETAILS) C6.1 FOR PLAN AND
/ : x I PROFILE) '
78617 / 10' WIDE i
x x TOP OF BERM
10' W10E
TOP OF BERM
A � � Q� I
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DETENTION AREA
x b86,95 ACCESS EASEMENT_ 12" STORM DRAINI
(SEE SHEET C6 AND C6.1 FOR ..6......��
\ `\— PLAN AND PROFILE)
------------------ -------------- - —�
\ ACCES EASEMENT
SHEET
TEL.214.295.5775
RACETRAC DIRKS
EX 5500 ALTAMESA BLVD. EXHIBIT B URBAN
SCALE: FORT WORTH, TEXAS STRUCTURE
Dallas,Texas 75z3z
N.T.S mRe In o F-,,6
800 800
0
795 1-1 a -) 1 795
o W
� Zti
Z _Z11= d O O
Q Z o Q h j J c o Q
�1UZ�.Lki1 \� I
790 Wiz: ��,^ ;z�3 790
EX GRADE 4 LONG CL OF
PIPE
785 FINISHED GRADE A ONG 785
100 R hcL
EX. 24" RCP i
780 PARTIAL FLOW �� �i 780
rIQCAP=21.05
E 54"' RCP � 15" R P 1 .619
AL FLOW
775 � / .990 CFS 775
CFS01
Vioo=15.24 FPS O o
n N D=0.50' Q)
N N h
II ,II ,II
770 J J 770
INSTALL 50 LF OF 15'" RCP W/
EMBEDMENT PER
MANUFACTURER'S SPEC
Of 00 Of 75
ST-3
SHEET
TEL 114.295.5775
RACETRAC DIRKS
EX 5500 ALTAMESA BLVD. EXHIBIT B URBAN
STRUCTURE
SCALE: FORT WORTH, TEXAS 8140 Walnut 1-11I Lane,Suite goy
Dallas,Texas 75231
N.T.S Firm Re i_t—#F:,65
40 10' TOP OF BERM=789,10 10,
-
—111-11 100IR WSE=788.10 El I El :7
—11114 1 El I — —— — — — - Z- El I MI I
=1 I Ed I El I Ed 1 11
1=1 I IE1 I I I—El CAQ II
El I 1=1 —I I IEEI I
1=1 I IEEI I El I =1 I M I I-i 11=1
FL-78J 00
SWALE @ BOTTOM OF POND @ 1.009 IEEI I I I I=I I I I I-
SECTION A-A
N TS
10' TOP OF BERM=789.10 WEIR S TRUC TURE 10,
loom WSE=788.10
— ——— —— —— —— --
SWALE 0 BOTTOM
OF POND @
1.007.
=1 I IE1 I 1=1 I F
1;" OUTLET PiPE_j,__, =1 I IE1 I 1=1 I 1=1
FL=783.00 El I E-Ej I 1=1 I
6EP�j —I I =1 I IEd I M I I— 1 1,
(S
SECTION B-B TOP=789.00
N TS 6 WYE INLET TOP
E (FOR TERRA OR
LEV=788.00
APPROVED EQUAL)
wi
4'X4' JUNCTION BOX
(FOR7ERRA OR APPROVED EQUAL)
15" OU7LET PIPE
FL=78J.00
WEIR SECTION FOR 4X4' JUNCTION BOX
N TS
SHEET M4.295.5W5
RACETRAC DIRKS
EX 5500 ALTAMESA BLVD. EXHIBIT B URBAN
&
STRUCTURE
SCALE: FORT WORTH, TEXAS 8i4o Walnut Hill Lane,Suite goS
,�,alla's,:ex2s 75231
N.T.S I I , _-,OF i3,65
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-
Rap
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