HomeMy WebLinkAboutContract 52760 CITY SECRETARY
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/�� STORMWATER FACILITY MAINTENANCE AGREEMENT
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THIS STORMWATEF. FACILITY MAINTENANCE AGREEMENT ("Agreement") is
made and entered into this ].�day of b of 2019 by and between Barney
Holland Oil Company, a Texas corporation, hereinafter referred to as "Landowner", and
the City of Fort Worth, hereinafter referred to as "City". Sometimes Landowner and City
may be referred to herein collectively as the: parties" and individually as a "party."
WITNESSETH
WHEREAS, Landowner is the owner of certain real property described as an
approximately 5.154 acre tract located in the M. G. ELLIS ADDITION to the City of Fort
Worth, Tarrant County, Texas according to the plat recorded (under Instrument No.
D 19805111) in the Deed Records of Tarrant County, Texas, (hereinafter called the
"Property").
WHEREAS, Landowner is proceeding to build on and develop the Property according
to the Site Plan/Subdivision Plan known as R10 CY,GG fM. G. ELLIS ADDITION, hereinafter
called the "Plan", which is expressly made a part hereof, as approved or to be approved by
the City.
WHEREAS, Landowner agrees to provide for management of Stormwater within the
confines of the Property in conformity with the Plan; and
WHEREAS, City and Landowner, agree that the health, safety, and welfare of the
residents of the City of Fort Worth, Texas require that the current on-site Stormwater
Management Facilities as currently constructed are adequate and conform to the
requirements of the Plan but will need to be maintained by Landowner on a portion of the
Property; and
WHEREAS, the City requires that the current on-site Stormwater Management
Facilities ("Facility"), as shown on the Plan and as constructed, be adequately maintained
by Landowner, the location and dimensions of which Facility are 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 agree as
follows:
1. Landowner shall adequately maintain the current Facility at no expense to the
City in accordance with the design specifications for the Facility, as currently constructed,
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 Facility includes all pipes, channels or other conveyances built to convey
Stormwater to and from the Facility, as well as all structures, improvemVrfts-,-a
OFNUAL kECORD
CPTY SECRETARY
FT. WORTH,TIC
provided to control the quantity and quality of the Stormwater. Adequate maintenance is
herein defined as good working condition so that the Facility is performing its 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. Landowner shall periodically 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 including any berms,
outlet structure, pond areas, access roads, if any, etc. Components of the Facility that need
maintenance or replacement to perform their design function, will be noted in the inspection
report along with the corrective actions to be taken.
3. If Landowner fails to maintain the Facility in good working condition as
specified herein, and such failure continues for a period of sixty (60) days or more after the
date of Landowner's receipt of City's inspection report with the directive on what repairs the
City deems necessary without Landowner taking the necessary steps to address such repairs,
then the City, its authorized agents and employees, may enter upon the Property and take
whatever reasonable steps are necessary to correct deficiencies identified in the inspection
report and to charge the reasonable costs of such repairs to Landowner. It is expressly
understood and agreed that the City is under no obligation to routinely maintain
or repair the Facility, and in no event will this Agreement be construed to impose
any such obligation on the City, such obligation is Landowner's.
4. Landowner agrees to perform the work set out in this Agreement that is
necessary to keep the Facility in good working order as appropriate. If the City, pursuant to
this Agreement, performs work of any nature on the Property that Landowner is obligated to
perform and has refused to perform for a period of sixty (60) days or more after the date of
Landowner's receipt of written notice sent pursuant to the terms of this Agreement, or
expends any funds in performance of said work for labor, use of equipment, supplies,
materials, and the like after the end of such notice period, Landowner shall reimburse the
City upon demand, within thirty (30) days of Landowner's receipt thereof for all actual and
reasonable costs incurred by the City hereunder. If Landowner fails to pay the City for the
reasonable costs incurred under this Section 5, the City will have the right to impress a lien
for the costs of such work upon the Facility. Such lien may be perfected by filing in the office
of the County Clerk of Tarrant County, Texas an affidavit identifying the Facility, stating
the amount thereof, and making reference to this Agreement.
This Agreement imposes no liability of any kind whatsoever on the City.
LANDOWNER AGREES THAT WHILE IT OWNS THE PROPERTY TO HOLD THE CITY
HARMLESS FROM ANY LIABILITY IF THE FACILITY FAILS TO OPERATE PROPERLY
AS A RESULT OF LANDOWNER FAILING TO TIMELY COMPLY WITH THE TERMS OF
THIS AGREEMENT. LANDOWNER COVENANTS AND AGREES AND DOES HEREBY
INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS AGENTS, SERVANTS,
AND EMPLOYEES FROM AND AGAINST ALL REASONABLE COSTS, EXPENSES,
LOSSES, DAMAGES, CLAIMS, OR CAUSES OF ACTION WHATSOEVER ARISING, OR
THAT MIGHT ARISE, FROM THE FAILURE OF LANDOWNER TO MAINTAIN THE
FACILITY, INCLUDING, BUT NOT LIMITED TO THE BED AND BANKS OF THE
DETENTION POND, IF ANY, ANY DAMAGES CAUSED TO PERSON OR PROPERTY AS
STORMWATER FACILITY MAINTENANCE AGREEMENT
Rev. 11/17/2016 - 2 -
A RESULT OF (1) FLOODING OF THE POND AND ITS BANKS, IF ANY,(2) SLOPE
FAILURE OF THE BANKS OF THE POND, IF ANY, OR (3) FAILURE OF THE POND OR
ITS BANKS, IF ANY, TO OPERATE IN A MANNER INCONSISTENT WITH CITY'S
CRITERIA OR TO PERFORM ANY OTHER DUTIES OR OBLIGATIONS HEREUNDER.
5. Landowner covenants and agrees that while Landowner owns the Property,no
habitable building will be erected within the drainage easement outlined on Exhibit A but
the provisions of this Section 7 will not preclude construction by Landowner or anyone else
of other improvements within the drainage easement that do not impede drainage.
Landowner also covenants and agrees that while Landowner owns the Property,no habitable
building will be erected on the Property abutting such easement that has a finished floor at
an elevation less than two feet above the maximum depth of water in the Facility that would
occur during a 100 year frequency flood.
6. This Agreement may be recorded by either party among the land records of
Tarrant County, Texas, will constitute a covenant running with the land, and will be binding
on Landowner and its successors and assigns, and any other successors in interests, including
any property owners association.
7. Nothing herein will prevent Landowner from modifying, expanding, or
otherwise changing or relocating the Facility to conform to Landowner's then-use of the
Property so long as any such modifications, expansion, or relocation complies with City's
then- current Stormwater rules and regulations.
8. Any notice required in this Agreement must be sent by certified mail, return
receipt requested, postage prepaid, and such notice will take effect when actually received or
five business days after the date it is postmarked by the United States Mail, whichever is
sooner. In the event of the absence of a United States postal service cancellation stamp with
a legible cancellation date, the notice will be presumed to have been delivered on the fifth
business day after the date on which the notice was mailed or upon the date when the
attempted initial delivery is refused or cannot be made because of a change of address of
which the sending party has not yet been notified. Notice from City to Landowner will be
sufficient if placed in the United States Mail, postage prepaid, addressed to Landowner at
306 West 7th Street—Suite 500, Fort Worth, TX 76102-4982. Notice from Landowner to the
City will be sufficient if addressed to the City at 1000 Throckmorton Street, Fort Worth, TX
76102. Any notices sent by the City to Landowner will be sufficient only if the City also
simultaneously sends a duplicate notice by certified mail, return receipt requested to: J.
Walker Holland at Holland, Johns, & Penny, L.L.P., 306 West 7th Street - Suite 500, Fort
Worth, Texas 76102-4982.
9. Neither party will be required to perform any term, condition, or covenant in
this Agreement so long as such performance is delayed or prevented by force majeure, which
means acts of God, strikes, material or labor restrictions by any governmental authority,
insurrections, war, acts of terrorism and bioterrorism, court orders, civil riot, floods,
requisition or order of any governmental body or authority, and any other cause not
reasonably within the control of either party and that either party, by the exercise of
reasonable diligence, is unable, either wholly or in part, to prevent or overcome. If
performance by either party of any term, condition, or covenant in this Agreement is so
STORMWATER FACILITY MAINTENANCE AGREEMENT
Rev. 11/17/2016 . 3 -
delayed or prevented, the period for performance of such term, condition, or covenant will be
extended for a period equal to the period such party is so delayed or hindered.
[SIGNATURE PAGE FOLLOWS]
STORMWATER FACILITY MAINTENANCE AGREEMENT
Rev. 11/17/2016 - 4-
Executed this. Ny of ^, 2019.
Landowner City of Fort Worth
Barney Holland Oil Company
By:
Barne B. Holland, Jr., Preside t Jesus J. Chapa
Assistant City Manager
Approved as to orm and Legality
1
Assistant City Attor ey
ATTEST
A, .
Ci y Secret
OFFICIAL RECORD
CM SECRETARY
FT WORTH, TX
STORMWATER FACILITY MAINTENANCE AGREEMENT
Rev. 11/17/2016 -5 -
STATE OF TEXAS §
COUNTY OF TARRANT §
his instrument was acknowledged before me on this day of
2019 by Jesus J. Chapa, Assistant City Manager of the City of Fort Worth,
o behalf of the City of Fort Worth.
N%PIAS.SANCHEZ No ry Public in and for the State)of Texas
My Notary ID#2256490
Expires December 19,2021
STATE OF TEXAS §
COUNTY OF TARRANT §
Before me, the undersigned authority on this o
14 day of . 2019,
personally appeared Barney B. Holland, Jr, President of Barney Holla d Oil Company
known to me to be the person whose name is subscribed to the foregoing i strument
and acknowledged to me that the same is the act of&AAA410 RaAiwt 6 %Jaid
that he executed the same as its President and as the act of Much 9 ,�tR..�i`�7v nd
for the purposes and consideration expressed in the foregoing instrument.
Notary Public in and for the State of Texas
r• -
�a"?�e% LORI HESTER
Notary Public
STATE OF TEXAS
r %°'v •_ Notary ID 11 SM54
' .fe Of tE.1P
My C.Or—.EV.Mamh 3.2020
OFFICIAL RECORDi
FT W"I",
STORMWATER FACILITY MAINTENANCE AGREEMENT
Rev. 11/17/2016 - 6 -
Contract Compliance Manager
By signing I acknowledge that I am the person responsible
for the monitoring and administration of this contract, including
ensuring all performanc and reporting requirements.
Ashraf Ibrahim
Management Analyst II
r
IAL RECORD SECRETARYWORTH,TX
EXHIBIT "A"
LEGAL DESCRIPTION
PRIVATE DRAINAGE EASEMENT
BEING 0.057 acre of land situated in the M. C. JOBE SURVEY, Abstract No. 886, Fort Worth,
Tarrant County, Texas, and being a portion of Lot 1, Block 60, M. G. Ellis Addition, to the City of
Fort Worth, Tarrant County, Texas, according to the plat recorded in County Clerk's File No.
D198051111, of the Official Public Records of Tarrant County, Texas. Said 0.057 acre of land
being more particularly described by metes and bounds as follows:
COMMENCING at a %* iron rod marked "Brittain & Crawford" set at the Southwest corner of Lot
2, Block 60, of said M. G. Ellis Addition, said point lying at the intersection of the East right-of-
way line of Ellis Avenue (a 60 foot wide public right-of-way) with the North right-of-way line of
Northwest Twenty Eighth Street(a 90 foot wide public right-of-way);
THENCE N 150 20' 03"W 119.58 feet, along the East right-of-way line of said Ellis
Avenue and the West boundary line of said Block 60, M. G. Ellis Addition, to a point;
THENCE N 740 47' 19" E 31.34 feet, to the POINT OF BEGINNING;
THENCE severing said Lot 1, Block 60, as follows:
1. N 15° 12'41"W 25.00 feet, to a point;
2. N 740 47' 19" E 100.00 feet, to a point;
3. S 150 12' 41" E 25.00 feet, to a point;
4. S 740 47' 19"W 100.00 feet, to the POINT OF BEGINNING containing 0.057 acre
(2,500 square feet) of land.
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EXHIBIT "A"
PROPOSED
LOT 21?
\ \ 25' x 100' PRIVATE LOT 1, BLOCK 60
ELLIS\ DRAINAGE EASEMENT M.G.D1 98051 1 1 1 ION
\ 0.057 ACRE O.P.R.T.C.T.,
\ (2,500 SQ. FT.)
0
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\ \ 0 41, 19•�E 10 w •
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1/2- IRON ROD MARKED l00 — — E SUP
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"BRITTAIN & CRAWFORD". 4�47 1 .JOB T
SET �� S - �,G SCRAG
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\ POINT OF PROPOSED
\ 2\ BEGINNING LOT 1R
LOT 2, BLOCK 60
N M.G. ELLIS ADDITION
D1 98051 1 1 1
ILA
O.P.R.T.C.T.
15' PUBLIC UTILITY EASEMENT
°y cp N 20' x 20' P.O.S.E. D198051111
D198051111 O.P,R.T.C.T.
O.P.R.T.C.T.
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_ NORTHWEST TWENTY EIGHTH STREET
(W WIDE .PUBLIC RIGHT-OF-WAY)
Course Bearing Distance
L1 N 74°47'19" E 31 .34'
L2 N 15°12'41" W 25.00'
L3 S 15°12'41" E 25.00'
BRITTAIN & CRAWFORD PRIVATE DRAINAGE
LAND SURVEYING 1, EASEMENT Z
TOPOGRAPHIC NAPPING LOCATED IN
TEL FAX rot»�-x47 PROPOSED LOT 2R, BLOCK 1
P.O. FORT W TEXAS 20 SOUTH 7110�E'�"" M.G. ELLIS ADDITION i
E AN ADDITION TO
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Exhibit "C"
CITY OF FORT WORTH STORMWATER FACILITY
OPERATION, MAINTENANCE & INSPECTION 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.
The stormwater quality device shall be cleaned and cleared of all sediment shortly
after project completion. Generally, a sump-vacuum truck is the most convenient
method of removing the captured sediment and floatables from large underground
structures. Floatables and oil should be removed in a separate procedure prior to
the removal of accumulated sediment from the bottom of the underground storage
chambers. The structural and functional integrity of the Facility shall be
maintained at all times by following the manufacturer recommendations for
maintaining the system. Flushing of the system by hose or other method that may
move sediment to the downstream storm sewer system is unacceptable.
Periodic silt removal shall occur when standing water conditions occur or the
underground storage volume is reduced by more than 10%. This maintenance
should be performed as needed based on inspection but is recommended
annually. In addition, corrective measures are required any time a basin does not
drain completely within 72 hours of cessation of inflow.
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. 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.
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, silt, litter and debris removal dates. Document any
replacement or maintenance of structures.
• 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 1
Rev.3/20/2019
Exhibit "D"
Stormwater Underground Detention Maintenance Checklist
FREQUENT INSPECTION DATE REPAIRS REPAIRS NOTES
REQUIRED MADE
Remove trash and debris
Inspect grates and
structures
Blocked, Clogged outlet Clean outlet, dispose
structure of blockage offsite
MINOR INSPECTION
Accumulated Silt
Remove by hand if
Standing Water minor, use vacuum
truck if necessary
Oil is acumulated inside
vault/piping
MAJOR INSPECTION
Structural damage to pipe,
vault, access hatch, ladder
Evidence of Tree root Cut and remove roots.
intrusion Restore structural
integrity of system
Damaged Outlet Structure Repair or replace
or Inlets any damaged
structures in kind.
Replace pavement.
Damaged Pavement,noticable sinking Contact Engineer to
access causes