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Contract 53455
CITY SECRErAR 4" CONTRACT NO.Yc5 45 lip &Q�PQ STORMWATER FACILITY MAINTENANCE AGREEMENT WATER QUALITY DEVICES THIS AGREEMENT, made and entered into this day of , 2020, by and between Fort Worth Waterside Lodging Associates, LLC, acting by and through Judith P. Raymond, 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 0.0026 acres tract located in the Evan H. Burke Survey, Abstract 160, Tarrant County, Texas according to the deed recorded in Instrument Number D214269853, Official Public 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 Waterside 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 Stormwater and its runoff quality within the confines of the Property; and WHEREAS, this Agreement shall run with the land and apply to the Landowner, its successors and assigns. The term "Landowner" shall refer to the then-current legal owner of the Property and/or the Facility as same are herein defined; and WHEREAS, the Landowner has determined that on-site Stormwater Management Facilities to control sediment, nutrients, trash, debris and other floatable materials ("Facility") should be constructed and maintained on a portion of the Property; and CITY SECRETARY FT WORTH,T WATER QUALITY DEVICE-STORM WATER FACILITY MAINTENANCE AGREEMENT 1 Rev.05/04/2017 WHEREAS, the City requires that the Facility, whether one or more, as shown on the Plan be constructed and adequately maintained by the Landowner the locations of which are as shown in the attached Exhibit"A"("Facility Property"); 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 shall adequately construct and maintain the 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 Facility includes all structures required to control the quality of the storm water. Adequate maintenance is herein defined as good working condition so that these facilities are performing their designed functions. Maintenance forms provided by the City, or an equivalent provided by the manufacturer of the Facility, attached to this Agreement as Exhibit "D", are to be used to establish what good working condition is acceptable to the City. 2. If the Landowner contracts the maintenance of the Facility with a third-party, Landowner shall provide a copy of the contract to the City at the time this Agreement is executed It shall be the Landowner's responsibility to ensure that the contracting party is properly qualified to maintain the Facility and to provide any updates to the contract as a part of the annual inspection report discussed immediately below.. 3. The Landowner shall inspect or shall cause to be inspected the Facility at frequency specified by the manufacturer or annually, if not specified by the manufacturer, using the inspection form in Exhibit C or equivalent by manufacturer, and shall be compiled and submitted 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. Components of the WATER QUALITY DEVICE-STORM WATER FACILITY MAINTENANCE AGREEMENT 2 Rev.05/04/2017 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. The corrections identified in the inspection report must be corrected within 45 days, and corrections once made shall be so noted in the next inspection form 4. The Landowner hereby grants permission to the City, its authorized agents and employees, to enter upon the Property to inspect the Facility whenever the City deems necessary. The inspection may involve follow-up on reported deficiencies and/or to respond to citizen complaints. The City shall provide the Landowner copies of the inspection findings and a directive to commence with maintenance and repairs if necessary. 5. In the event the Landowner fails to maintain the Facility 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 to protect public health, safety and welfare and to charge the costs of such maintenance and repairs to the 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 shall this Agreement be construed to impose any such obligation on the City, such obligation is the Landowner's. 6. The Landowner 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 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 fails 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 the county in which the Facility lies, an affidavit identifying WATER QUALITY DEVICE-STORM WATER FACILITY MAINTENANCE AGREEMENT 3 Rev.05/04/2017 the real property to be charged with such lien, stating the amount thereof, and making reference to this Agreement. 7. 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 COVENANTS AND AGREES 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 FAILURE OF LANDOWNER TO: PROPERLY INSTALL, MAINTAIN AND REPAIR THE FACILITY, OR ANY DAMAGES CAUSED TO PERSON OR PROPERTY DUE TO (1) FLOODING ATTRIBUTED TO THE FACILITY OR (2) IMPROPER INSTALLATION, MAINTENANCE AND REPAIR OF THE FACILITY,. 8. 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 access to the Facility. 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] WATER QUALITY DEVICE-STORM WATER FACILITY MAINTENANCE AGREEMENT 4 Rev.05/04/2017 Executed this -p'I day of 2020. Fort Worth Waterside Lodging Associates, LLC City of Fort Worth 5n.-f? 1-1166 N e: Judith P.Raymond 0&oft f3u2&0FF Assistant City Manager Title: President and CEO Contract Manager: Name: Title: Approved as to Form and Legality ssistant Ci Attorney , OhT `�, ity Secretary `. AS FRUA , RECORD CITE'SECRETARY WATER QUALITY DEVICE-STORM WATER FACILITY MAINTENANCE AGREEMENT FT. WORTee R X Rev.05/04/2017 STATE OF TEXAS § COUNTY OF TARRANT § � S �-IAU.DT " instrument was acknowledged before me o by Assistant City Manager of the City of Fort W th, o ehalf of the City of Fort Worth. MIARIA S.SA HEZ �; t= My Notary 10 T io4so Nota Public, State of Texas Expires December 10,2021 of STATE OFF Wk%CONsIiJ § COUNTY OF TARRANT 0Ajyl5 § Before me, the undersigned authority on this day of SQy11Ap�4 , 2020, personally appeared Judith P. Raymond 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 Fort Worth Waterside Lodging Associates, LLC , and that he executed the same as its President and CEO and as the act of such LLC and for the purposes and consideration expressed in the foregoing instrument. —/� Notary Public, State of+eras W {scor. .A LISA STEINHAUER Notary Public State of Wisconsin exp. 09-20-2.0-m WATER QUALITY DEVICE-STORM WATER FACILITY MAINTENANCE AGREEMENT 6 Rev.05/04/2017 Contract Compliance Manager By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including /eng erfo e and porting requirements. J orales pment Services Manager UPFFUAL RECORD CPT" SECR EMRY FT WORTH, 7 EXHIBIT A EXHIBIT "A" - PRIVATE DRAINAGE FACILITY EASEMENT LEGAL DESCRIPTION DRAINAGE FACILITY EASEMENT BEING a 112 square foot (0.0026 acre) tract of land situated in the Evan H. Burke Survey, Abstract No. 160, City of Fort Worth, Tarrant County, Texas; said tract being part of Lot 1, Block F, Waterside Addition, an addition to the City of Fort Worth according to the plat recorded in Instrument No. D214269853 of the Official Public Records of Tarrant County, Texas; said tract being more particularly described as follows: COMMENCING at a"+"cut in concrete found for the north corner of said Lot 1; said point being in the east line of that tract of land described in Warranty Deed to Texas Electric Service Company recorded in Volume 2587, Page 72 of the Deed Records of Tarrant County, Texas; said point also being in the west terminus of Arborlawn Drive (a variable width right-of-way); from said point a 5/8-inch iron rod with "KHA" cap found in the south line of said Arborlawn Drive bears South 52000'40" East, a distance of 14.17 feet; THENCE, South 18047'29" West, along the said east line of the Texas Electric Service Company tract, a distance of 145.94 to a point; THENCE, South 71"12'31" East, departing the said east line of the Texas Electric Service Company tract, a distance of 13.87 feet to the POINT OF BEGINNING; THENCE South 70*13'14" East, a distance of 8.00 feet to a point for corner; THENCE South 19e46'46"West, a distance of 14.00 feet to a point for corner; THENCE North 70013'14"West, a distance of 8.00 feet to a point for corner; THENCE North 19°4646" East, a distance of 14.00 feet to the POINT OF BEGINNING and containing 112 square feet or 0.0026 acres of land, more or less. NOTES Bearing system based on the Texas Coordinate System of 1983(2011 adjustment), North Central Zone (4202), A survey plat of even survey date herewith accompanies this metes&bounds description. The undersigned, Registered Professional Land Surveyor, hereby certifies that the foregoing description accurately sets out the metes and bounds of the easement tract. PRIVATE DRAINAGE FACILITY EASEMENT PART OF LOT 1, BLOCK F 0�1�y WATERSIDE ADDITION A�s�0•�.!9 EVAN H. BURKE SURVEY, ABST. NO. 160 -fiICHAEL C. BILLINGSLEY CITY OF FORT WORTH, REGISTERED PROFESSIONAL MICHAEL CLEO BILLINGSLEY TARRANT COUNTY, TEXAS LAND SURVEYOR NO.6558 ....:.........................•• CHERRY STREET, ,0 6558 UN Kimlev* HornUNIT 11 SUITE 1300 .-*' FORT WORTH, TEXAS 76102 D ' ' •R Ey 601 Chem street,Unit 11,a 1300 TN.No.(817)335-6511 S PH.817-335-6511 FIRM 0 10194040 ww .kimley-hom.00m michael.billingsley@kimley-horn.com Drawn by `�C Shaet No. Date I Prdecl No N/A CDP MCB gry-rn^ 061171093 1l>F2 BILLINGSLEY,MICHAEL 1/9/2020 9:37 AM K:1FTW_SURVEY1061171093-WATERSIDE 40lDWG\061171093 WATERSIDE 40_SWFMA EASEMENT.DWG EXHIBIT "A" - PRIVATE DRAINAGE FACILITY EASEMENT NORTH / / LOT 1, BLOCK E / WATERSIDE ADDITION 0 _30 60 / NO. D214269853) / P.O.C. GRAPHIC SCALE IN FEET / XF �' qRe �(INST' (C.M.) A 441 yV � IRFC Q w(f `� LOT 1, BLOCK F u WATERSIDE ADDITION O e .T / (INST. NO. D214269853) 3 cum a P.O.B. PART OF FW WATERSIDE ((� / COMMERCIAL LLC �q <3 �4 (INST.NO.D214224892) �g PRIVATE LINE TABLE / DRAINAGE FACILITY NO. BEARING LENGTH / EASEMENT L1 S52*00'40"E 14.17' / 0.0026 ACRES L2 S18e47'29'W 145.94' 112 SQ. FT. L3 S71e12'31"E 13.87' LEGEND L4 S70'13'14"E 8.00, P.O.C.=POINT OF COMMENCING L5 S19°46'46"W 14.00' P.O.B.=POINT OF BEGINNING C.M. =CONTROLLING MONUMENT L6 N70°13'14"W 8.00, IRFC=5/8"IRON ROD WITH"KHA"CAP FOUND XF=")("CUT FOUND L7 N19°46'46"E %00' NOTES Bearing system based on the Texas Coordinate System of 1983(2011 adjustment), North Central Zone (4202). A metes and bounds description of even survey date herewith accompanies this survey plat. The undersigned, Registered Professional Land Surveyor, hereby certifies that this survey plat accurately sets out the metes and bounds of the easement tract. PRIVATE DRAINAGE FACILITY EASEMENT PART OF LOT 1, BLOCK F WATERSIDE ADDITION OF r EVAN H. BURKE SURVEY, ��1✓ `� ' �` moo'' s ABST. NO. 160 ` rICHAEL C. BILLINGSLEY : * CITY OF FORT WORTH, REGISTERED PROFESSIONAL MICHAEL CLEO BILLINGSLEY TARRANT COUNTY, TEXAS LAND SURVEYOR NO.6558 ........................... 801 CHERRY STREET, ,0 6558 �, • UNIT 11 SUITE 1300 '�0 Kim I P., >> Horn '9,y••.FE S . o FORT WORTH, TEXAS 76102 S U?I'1 Ey 801 Cherry street,Unk 11.M 1300 Tel.No.(817)335-6511 PH. 817-335-6511Fart Worlh,Texas 76102 FIRM N 10194040 —.kimley-hom.com michael.billingsley@kimley-horn.com Scale I Ora—by Checked by I Date I ProectNo. Sheet No, 1'"60' CDP MCB 1IW2020 061171003 2 OF 2 BILLINGSLEY,MICHAEL 1/9/2D20 9 39 AM K:1FTW_SURVEY\061171093-WATERSIDE 400WG1061171093 WATERSIDE 40 SWFMA EASEMENT.DWG EXHIBIT B 1 %j _ � M fg3 ! ` � e r \/ om'�r�n ■ A i m R LLI 1\ � co W� l . 0 Z i z 3 � o j o o a w o m w_ o z a -OLD O c O Q m a a LL ao W 0 6'; I `Z Q i+ I 'cI t N V I ...� .a O O M w J 909— I � o w y Q LO N 0 co ` YO o M % j O I / / HN w w --- ---- --. � --° — z U AF - J Z oW U) QW cr� OR Q O r oaLO r N a 3� I �o oQ I Fm wo ovwtl/1 A=713.318 A8 mold j j = G Ln ^ z O W W LU J `,� LH r m 8 yq U Z 0 O O O �`"" �' s W0 O O X X X X 0 a O U O O O pp f y m cgs U W W in t F9 C Li Q Q � + Y mN LN _______ _______p_._______.d___ Ln O N cj� N of I- m + C Q O C`i 6 O O O_ 0 Q ++ J r L 0 J r LL U N N N N N N N Z W 00 O 0 O 0 0 0 O f >' F � Z _ Q u7 Q + O^ r r, J N 0 Q pl.: N U� U 0 F O r N O a0 O w ! r U) 0 O O O O O 0 0 O O O Q 0 C7 O C U LU J UD LA "'� v! 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COO GO a00 a00 Cl a00 (07 Z W R W O D N O W =LLU o 0 0 0 0 0 0 , �F0F� LLC U ofw 0U)z< �FOa O � e wU�Qm�0Q U d Sd 0m: — zJw z CC W U N a00 N CN (09 0 o d a0000� OF fn Q O O O O O O Q O Q W m O Z of LU o QWLLM 0 —<0 Q F W m °' Z a 0 w N W LL 2N Q W Q Cl) r N co v u) n N O U C] Q W a W N LLI F- ir QaZ m LX 0 0 0 0 0 r c Aw n s OQ= _ZQa' �p ' f I �� W=W FQ�QQQza 0 �++ FD c`5 u w OFOO�COC2tUiU OQ zZFU) 00FU4 LL-3 swPwo-o\uw*od\wA3oH 3=mvm-0W=L9o\imriu.�\y-A im(aura 11d wo acwtvi A=Imam AB GULorld >nQj yTT CC f O minfim �� 0 i W •' p H U W o n a (n ty N Vo'l u W b t Q rc L) w o F- O o cl C L r 41 i ________._.______..,_-____- 3 � 7` � � z E Q - 0 Z CY y G t:9 ty O O 0 0 C7 t3 Q O O O n 0 0 N V 1p It 1V O Vp AQ 't N D UD 10 It CJ O G .-i .i o o 0 0 o 0 of 0 g 0 0 0 m w o N .4 r3 .d .4 ,4 .d .d 0 c C/ 0 M. 0 0 0 O O w 10 W 1b 10 1a t9 �O �D �d ti0 �d �D �O �0 �d 40 �O 10 H o uol;ens la �N U) 3>- w �a �D z o¢ 3=mw-000ro�n i,w' ` inw a a 13d SY;OZW*Vl AOM 13MO AB R3LIOld o LLI W � L m � z 3 z �= y W o r J LL m o <N LL w a �� w w O — �m 2 V) ° o Z g m °w oEL z •— m; a� w w U a Q ( J J O m ❑ LL z W d 0 X m O v z I � w LU OLD GO? w J n N o � o � LO o a) 'IV Z W ❑ LOn rn :1 , SO U) O U u p LL LO w o Nl.- p 00 w ,ri 'C u ❑� Z O LL,u~i IL90x °' p � �( Qgx wO0 �+ W� aw� � O(v � Q wxx011 w00> u ❑Uav JWW cnwa ;4 CoLuilU4 \ J = LO LOa LO iv U)LLLL 4 \ �N�Q. Z� Q' \ \ Z� LOaX LL 1 / W Q ® 1 , Cn � f \ W F-- i w a ` co 1I cnN� , S z j, W C) 40' Z w 40' Q w 2N o �/^J Q N Wv/ 0>- F-j Z Opw LL Owrwa-01,%mHd\=d vmm miumvm-omaato A;a� mw aria EXHIBIT "B" - DESIGN PLAN AND SPECIFICATIONS SECTION ( ) Filterra"—Vault Configuration Bioretention System Standard Specification 1.0 GENERAL 1.1 This item shall govern the furnishing and installation of the Filterrao Bioretention System by Contech Engineered Solutions LLC, complete and operable as shown and as specified herein, in accordance with the requirements of the plans and contract documents. 1.2 Contractor shall furnish all labor, materials,equipment and incidentals necessary to install the bioretention system,appurtenances and incidentals in accordance with the Drawings and as specified herein. 1.3 Bioretention system shall utilize the physical, chemical and biological mechanisms of an engineered biofiltration media, plant and microbe complex to remove pollutants typically found in urban stormwater runoff. The treatment system shall be a fully equipped, pre- constructed, drop-in-place unit designed for applications in the urban landscape to treat contaminated runoff from impervious surfaces. 1.4 Bioretention system shall be capable of stand-alone stormwater treatment. No pretreatment to biofiltration media shall be required. 1.5 The bioretention system shall be of a type that has been installed and in use for a minimum of five (5) consecutive years preceding the date of installation of the system. The Manufacturer shall have been, during the same consecutive five (5)year period, engaged in the engineering design and production of systems deployed for the treatment of storm water runoff and which have a history of successful production, acceptable to the Engineer of Record and/or the approving Jurisdiction. The Manufacturer of the Filterra Bioretention System shall be,without exception: Contech Engineered Solutions LLC 9025 Centre Pointe Drive West Chester,OH,45069 Tel: 1 800 338 1122 1.6 Applicable provisions of any Division shall govern work in this section. 1.7 American Society for Testing and Materials(ASTM) Reference Specifications 1.7.1 ASTM C857: Standard Practice for Minimum Structural Design Loading for Underground Precast Concrete Utility Structures 1.7.2 ASTM C858: Standard Specification of Underground Precast Concrete Utility Structures 1.7.3 ASTM C990: Standard Specification for Joints for Precast Box Sections Using Preformed Flexible Joint Sealants 1 EXHIBIT "B" - DESIGN PLAN AND SPECIFICATIONS 1.7.4 ASTM C109: Standard Test Method for Compressive Strength of Hydraulic Cement Mortars 1.8 Manufacturer or authorized supplier to submit shop drawings for bioretention System with the vault, engineered biofiltration media and accessory equipment. Drawings shall include principal dimensions, engineered biofiltration media placement, location of piping and unit foundation. 1.8.1 Manufacturer or authorized supplier shall submit installation instructions to the contractor. 1.8.2 Manufacturer or authorized supplier shall submit Operations and Maintenance Manual to the contractor. 1.8.3 Before installation of the bioretention system,Contractor shall obtain the written approval of the Engineer of Record for the system drawings. 1.9 No product substitutions shall be accepted unless submitted 10 days prior to project bid date, or as directed by the Engineer of Record. Submissions for substitutions require review and approval by the Engineer of Record, for hydraulic performance, impact to project designs, equivalent treatment performance, and any required project plan and report (hydrology/hydraulic, water quality, stormwater pollution) modifications that would be required by the approving jurisdictions/agencies. Contractor to coordinate with the Engineer of Record any applicable modifications to the project estimates of cost, bonding amount determinations, plan check fees for changes to approved documents, and/or any other regulatory requirements resulting from the product substitution. 2.0 MATERIALS 2.1 All internal components including engineered biofiltration media, underdrain stone, PVC underdrain piping, mulch, dissipation stone, and vegetation must be included as part of the bioretention system and shall be provided by Contech Engineered Solutions LLC. 2.1.1 Engineered biofiltration media shall consist of both organic and inorganic components. Stormwater shall be directed to flow vertically through the media profile,saturating the full media profile without downstream flow control. 2.1.2 Underdrain stone shall be of size and shape to provide adequate bridging between the media and stone for the prevention of migration of fine particles. Underdrain stone must also be able to convey the design flow rate of the system without restriction and be approved for use in the Filterra Bioretention System by Contech Engineered Solutions LLC. 2.1.3 PVC Underdrain Piping shall be SDR35 with perforation pattern designed to convey system design flow rate without restriction. 2.1.4 Mulch shall be double shredded wood or bark mulch approved for use with the Filterra Bioretention System by Contech Engineered Solutions LLC. 2 EXHIBIT "B" - DESIGN PLAN AND SPECIFICATIONS 2.1.5 Vegetation shall comply with the type and size required by the approved drawings and shall be alive and free of obvious signs of disease. 2.1.6 Dissipation stone shall be 3"-6" diameter washed stones or cobbles. 2.2 Precast concrete vault shall be provided by Manufacturer or authorized supplier according to ASTM C857 and C858. 2.2.1 Vault joint sealant shall be Conseal CS-101 or approved equal. Joints shall be sealed with preformed joint sealing compound conforming to ASTM C 990. 2.2.2 If interior concrete baffle walls are provided,baffle walls shall be cast-in or sealed to the interior vault walls and floor with a polyurethane construction sealant rated for use below the waterline, SikaFlex la or equal. Contractor to provide sealant material and installation unless completed prior to shipment. 2.3 Tree grates and access covers shall be cast iron. Tree grate frames shall be galvanized steel. 2.4 Curb Nosing(where applicable)shall be galvanized steel and where specified shall be cast into a top slab designed to support AASHTO HS-20 loading at the curb. 2.5 All contractor-provided components shall meet the requirements of this section, the plans specifications and contract documents. In the case of conflict, the more stringent specification shall apply. 2.5.1 Crushed rock base material shall be six-inch minimum layer of%-inch minus rock. Compact undisturbed sub-grade materials to 95%of maximum density at+/-2% of optimum moisture content. Unsuitable material below sub-grade shall be replaced to engineer's approval. 2.5.2 Concrete shall have an unconfined compressive strength at 28 days of at least 3000 psi,with %-inch round rock, a 4-inch slump maximum, and shall be placed within 90 minutes of initial mixing. 2.5.3 Silicone Sealant shall be pure RTV silicone conforming to Federal Specification Number TT S001543A or TT S00230C or Engineer approved. 2.5.4 Grout shall be non-shrink grout meeting the requirements of Corps of Engineers CRD-0588. Specimens molded,cured and tested in accordance with ASTM C-109 shall have minimum compressive strength of 6,200 psi. Grout shall not exhibit visible bleeding. 2.5.5 Backfill material shall be%-inch minus crushed rock, or approved equal. 3.0 PERFORMANCE 3.1 Treatment Capabilities shall be verified via third-party reports following TAPE or TARP protocols. 3 EXHIBIT "B" - DESIGN PLAN AND SPECIFICATIONS 3.1.1 Engineered biofiltration Media flow rate shall be verified via third-party report following TAPE or TARP protocols. The minimum treatment flow rate based on target pollutant shall be as follows: TSS: 100"/h r Phosphorus: 100"/hr Oil/Grease: 50"/hr Metals:35"/hr The system shall be designed to ensure that high flow events shall bypass the Engineered biofiltration media preventing erosion and resuspension of pollutants. 3.1.2 The system shall remove a minimum of 86%Total Suspended Solids (TSS) based on aggregated data from at least four third party field studies following TAPE or TARP protocols. Aggregated median effluent concentration shall be less than 3.3 mg/L. 3.1.3 The system shall remove a minimum of 70% Total Phosphorus (TP) based on aggregated data from at least two third party field studies following TAPE protocols. Aggregated median effluent concentration shall be less than 0.05 mg/L. 3.1.4 The system shall remove a minimum of 34% Total Nitrogen (TN) based on aggregated data from at least one third party field study following TAPE or TARP protocols. Aggregated median effluent concentration shall be less than 0.54 mg/L. 3.1.5 The system shall remove a minimum of 55%Total Copper based on aggregated data from at least two third party field studies following TAPE or TARP protocols. Aggregated median effluent concentration shall be less than 0.004 mg/L. 3.1.6 The system shall remove a minimum of 43% Dissolved Copper based on aggregated data from at least one third party field study following TAPE or TARP protocols. Aggregated median effluent concentration shall be less than 0.003 mg/L. 3.1.7 The system shall remove a minimum of 56%Total Zinc based on aggregated data from at least three third party field studies following TAPE or TARP protocols. Aggregated median effluent concentration shall be less than 0.04 mg/L. 3.1.8 The system shall remove a minimum of 54% Dissolved Zinc based on aggregated data from at least one third party field study following TAPE or TARP protocols. Aggregated median effluent concentration shall be less than 0.003 mg/L. 3.1.9 The system shall remove a minimum of 87%Total Petroleum Hydrocarbons based on aggregated data from at least one third party field study following TAPE or TARP protocols. Aggregated median effluent concentration shall be less than 0.71 mg/L. 4 EXHIBIT "B" - DESIGN PLAN AND SPECIFICATIONS 3.2 The system shall have General Use Level Designation from Washington Department of Ecology for Basic(TSS), Phosphorus,Enhanced(Metals),and Oil/Grease and have Certification by New Jersey Department of Environment. 3.3 Quality Assurance and Quality Control procedures shall be followed for all batches of engineered biofiltration media produced. Engineered biofiltration media shall be certified by the Manufacturer for performance and composition. 3.3.1 Media particle size distribution and composition shall be verified as per relevant ASTM Standards. 3.3.2 Media pollutant removal performance shall be verified as per relevant ASTM Standards as well as a minimum of one scientific method approved by the USEPA. 3.3.3 Media hydraulic performance shall be verified as per relevant ASTM Standards. 3.3.4 Media fertility shall be verified as per a minimum of one published scientific method. 3.4 The Manufacturer shall ensure through third party full scale field testing of installed units that the design flow rate of the system is not reduced over time. Studies shall be performed on a minimum of 10 systems of various ages, maintenance frequencies, and land uses. At least 80% of the tested systems shall have been installed 2.5 or more years. At least 50% of the systems shall have previous maintenance intervals greater than 2 times the manufacturer's recommendation. 4.0 EXECUTION 4.1 Set precast vault on crushed rock base material that has been placed in maximum 6-inch lifts, loose thickness, and compacted to at least 95-percent of the maximum dry density as determined by the standard Proctor compaction test,ASTM D698, at moisture content of+/- 2%of optimum water content. 4.2 Inlet and outlet pipes shall be attached to provided couplers or grouted in and connected to precast concrete vault according to Engineer's requirements and specifications. All connections to be water tight. 4.3 All throat and grate protection covers shall remain in place until the system is activated. 4.4 Contractor to cast-in-place throat inlet to convey stormwater into bioretention System according to Engineer's requirements and specifications. 4.5 Engineered biofiltration media shall be delivered installed in the vault, unless otherwise agreed upon with the Manufacturer. Contractor shall take appropriate action to protect the media from sediment and other debris during construction. The method ultimately selected shall be at Contractor's discretion and Contractor's risk. 4.5.1 If media is shipped separately from vault, Manufacturer or a Manufacturer's certified representative shall install media into the vault or be present to supervise installation in order to ensure proper installation. 5 EXHIBIT "B" - DESIGN PLAN AND SPECIFICATIONS 4.6 The bioretention system shall not be placed in operation (activated) until the project site is clean and stabilized (construction erosion control measures no longer required). The project site includes any surface that contributes storm drainage to the system. All impermeable surfaces shall be clean and free of dirt and debris. All catch basins, manholes and pipes shall be free of dirt and sediment. Activation shall be provided by Manufacturer or authorized supplier. 4.7 Each correctly installed system shall be maintained by Manufacturer or authorized supplier for a minimum period of one year.The cost of this service shall be included in the price of the system. 4.7.1 Annual maintenance consists of a maximum of two [2]scheduled visits. 4.7.2 Each routine maintenance visit shall consist of only the following items:system inspection; removal of foreign debris,silt, loose plant material and trash; mulch removal;engineered biofiltration media evaluation; plant health evaluation and pruning; replacement of mulch;disposal of all maintenance refuse items;and updating of maintenance records 4.8 To ensure long term performance of the bioretention system, continuing annual maintenance programs should be performed or purchased by the owner per the latest Filterra Bioretention System Operation and Maintenance manual. 6 Vaa3lll��W31S,lS col - p))aal! � m w jo m o 301SHBiVM-NNI30N301SBH OW-6OELE9 vyoisno Ol X L OdiA VHHKIIJ '"mou m3mmm mos H031NOO x OW 65 < m o :a o UQ� rcooW�a o z❑kF Z �QW 4 Hary O mZI�Y H o�U O �Z m¢QUNN a� u1 do Ji F<oWO J W KK �u JQ� NmW ; Zm'U pO Z �WOa,aN1q~1qyy� W FU_umi; as 2�2 T��o W < OWu �Z, H_Z°ZC �2m OWZxUU C F Sq❑p H mZa yra,Iof H 3 m2Z wOt ;4w Wm0 1U'�=SOH p� yU1 WOh�N °CW OO U H W� Uv1 O F. 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F i P f 7 E f ! !f� �I f ,�� �' ��-' �[� ••�: IF{ j [ lli ,y ,��� ! ►�I� S � �� 1 ! 1 1 IE t '! I + 1 S• 1(i 3 }F 1 1 I i 111 i 3 e! !gi �c ! 1� � �,j S ` P ! F • s ; • :! , �, o p , = r , { = a s s :. r_ 1 !!f f ItJE'. i4j, �y ;! r ![[, t t� S c r � { i i � 0 � C 1 �■ 6 �a ; f ' I � + i S ` M s E � � 1 d 1!! $ � (' !�" � ■ !j l "! ' pg1=j{QQ3P i ,1p{'poEgqlppEy3p! tlifpo� lfpp�p� yEyplpBSySy. lj �j 1{ 1p(�ppliEgSplpfp3p#pfE �ipp,j '�d jjse ra9:{ e@ � 6 z j [j•= e���� fig'.! � ![�Ei !t EI C ! 1 ! ! ! Cj � ! !i S ! !� !' d fi �{i �� � j{j j � { ! !! !! � ji k'! i{� etr E �d{i! a r +'+ E ■$ �� Err N Ilb' IJI d ilErfl EXHIBIT C 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 following the manufacturer recommendations for maintaining the system, or once every 6 months, whichever is of the shorter duration. Disposal of litter, sediment, and debris shall be in accordance with federal, state and local regulations. PREVENTIVE MAINTENANCE/INSPECTION • Visual inspections of all components will be conducted at frequency specified by manufacturer and documented in the manufacturer supplied or City's inspection form (Exhibit C) • The inspection form shall document the condition of the Facility's components, Inspections for each water quality device shall be performed using the form below, or equivalent from the manufacturer of the device. If performing inspections using manufacturer's inspection list, attach to Exhibit C. Written maintenance and repair records shall be maintained by the party or parties signing the attached Agreement and shall be provided to the City annually Inspection forms shall be sent to the following: Storm Water Division, Transportation & Public Works Department, City of Fort Worth 1000 Throckmorton Street, Fort Worth, TX 76103 WATER QUALITY DEVICE-STORM WATER FACILITY MAINTENANCE AGREEMENT 9 Rev.05/04/2017 Appendix 2 - Planting Requirements for Filterra° Systems Plant Material Selection • Select plant(s) as specified in the engineering plans and specifications. • Select plant(s) with full root development but not to the point where root bound. • Use local nursery container plants only. Boll and burlapped plants are not permitted. • For precast Filterra systems with a tree grate, plant(s) must not have scaffold limbs at least 14 inches from the crown due to spacing between the top of the mulch and the tree grate. Lower branches can be pruned away provided there are sufficient scaffold GRAFT branches for tree or shrub development. CROWN �— • For precast Filterra systems with a tree grate, at the time of installation, it is required _ _ _ — — _ — SOIL SURFACE that plant(s) must be at least b" above the tree grate opening at installation for all Filterra configurations. This DOES NOT apply to Full Grate Cover designs. • Plant(s) shall not have a mature height greater than 25 feet. • For standard 21" media depth, a 7 — 15 gallon container size shall be used. Media less than 21" (Filterra boxes only) will require smaller container plants. • For precast Filterra systems, plant(s) should have a single trunk at installation, and pruning may be necessary at activation and maintenance for some of the faster growing species, or species known to produce basal sprouts. Plant Installation • During transport protect the plant leaves from wind and excessive jostling. • Prior to removing the plant(s) from the container, ensure the soil moisture is sufficient to maintain the integrity of the root ball. If needed, pre-wet the container plant. • Cut away any roots which are growing out of the container drain holes. Plants with excessive root growth from the drain holes should be rejected. • Plant(s) should be carefully removed from the pot by gently pounding on the sides of the container with the fist to loosen root ball. Then carefully slide out. Do not lift plant(s) by trunk as this can break roots and cause soil to fall off. Extract the root ball in a horizontal position and support it to prevent it from breaking apart. Alternatively the pot can be cut away to minimize root ball disturbance. • Remove any excess soil from above the root flare after removing plant(s) from container. • Excavate a hole with a diameter 4" greater than the root ball, gently place the plant(s). • If plant(s) have any circling roots from being pot bound, gently tease them loose without breaking them. • If root ball has a root mat on the bottom, it should be shaved off with a knife just above the mat line. • Plant the tree/shrub/gross with the top of the root ball 1" above surrounding media to allow for settling. • All plants should have the main stem centered in the tree grate (where applicable) upon completion of installation. • With all trees/shrubs, remove dead, diseased, crossed/rubbing, sharply crotched branches or branches growing excessively long or in wrong direction compared to majority of branches. • To prevent transplant shock (especially if planting takes place in the hot season), it may be necessary to prune some of the foliage to compensate for reduced root uptake capacity. This is accomplished by pruning away some of the smaller secondary branches or a main scaffold branch if there are too many. Too much foliage relative to the root ball can dehydrate and damage the plant. • Plant staking may be required. www.ContechES.com/filterra 1800-338-1122 13 Mulch Installation • Only mulch that has been meeting Contech Engineered Solutions' mulch specifications can be used in the Filterra system. • Mulch must be applied to a depth of 3" evenly over the surface of the media. Irrigation Requirements • Each Filterra system must receive adequate irrigation to ensure survival of the living system during periods of drier weather. • Irrigation sources include rainfall runoff from downspouts and/or gutter flow, applied water through the tree grate or in some cases from an irrigation system with emitters installed during construction. • At Activation: Apply about one (cool climates) to two(warm climates) gallons of water per inch of trunk diameter over the root ball. • During Establishment: In common with all plants, each Filterra plant will require more frequent watering during the establishment period. One inch of applied water per week for the first three months is recommended for cooler climates (2 to 3 inches for warmer climates). If the system is receiving rainfall runoff from the drainage area,then irrigation may not be needed. Inspection of the soil moisture content can be evaluated by gently brushing aside the mulch layer and feeling the soil. Be sure to replace the mulch when the assessment is complete. Irrigate as needed**. • Established Plants: Established plants have fully developed root systems and can access the entire water column in the media. Therefore irrigation is less frequent but requires more applied water when performed. For a mature system assume 3.5 inches of available water within the media matrix. Irrigation demand can be estimated as 1" of irrigation demand per week. Therefore if dry periods exceed 3 weeks, irrigation may be required. It is also important to recognize that plants which are exposed to windy areas and reflected heat from paved surfaces may need more frequent irrigation. Long term care should develop a history which is more site specific. ** Five gallons per square yard approximates 1 inch of water Therefore for a 6' by 6' Filterra approximately 20-60 gallons of water is needed.To ensure even distribution of water it needs to be evenly sprinkled over the entire surface of the filter bed, with special attention to make sure the root ball is completely wetted. NOTE: if needed, measure the time it takes to fill a five gallon bucket to estimate the applied water flow rate then calculate the time needed to irrigate the Filterra. For example, if the flow rate of the sprinkler is 5 gallons/minute then it would take 12 minutes to irrigate a 6' by 6'filter. r .li R I 14 www.ContechES.com/Filterra 1 800-338-1122 EXHIBIT D 0 @ � � ( o � E \ ■ k R § ƒ 2 - q / 2 2 2 2 LL 0 2 E / 1-0 / ? 2 k ¢ - % E U \ § � 2 § § § 8 m \ § ƒ - - o _ -06 § * d ° 0 �_ 0 c k E S } E ƒ ƒ ƒ = f $ _ §03 O a § ] \ \ ƒ © ¥ \ D $ 5 2LL @ \ 3 / \ ® o / § 2 @ o § \ Q5 E ± U = a) E ? ■ \ k E E 2 ® 0 � 2 § 2 O § m k � � � § o � 0_/ } q - E 2 E Q 2 @ 2 ƒ § u k k k f k k }\ 7 0 Q � @ , . � \ & 2 � � w O a & m « a Q a 2 « 4= Maintenance Visit Procedure Keep sufficient documentation of maintenance actions to predict location specific maintenance frequencies and needs.An example Maintenance Report is included in this manual. 1. Inspection of Filterra and surrounding area • Record individual unit before maintenance with photograph (numbered). Record on Maintenance Report (see example in this document)the following: Record on Maintenance Report the following: Standing Water yes no Damage to Box Structure yes no Damage to Grate yes no Is Bypass Clear yes no If yes answered to any of these observations, record with close-up photograph (numbered). 2. Removal of tree grate and erosion control stones • Remove cast iron grates for access into Filterra box. • Dig out silt(if any) and mulch and remove trash&foreign items. 3. Removal of debris, trash and mulch Record on Maintenance Report the following: Silt/Clay yes no Cups/Bags yes ( no Leaves yes no Buckets Removed �1[% - �_" • After removal of mulch and debris, measure distance from the top of the Filterra engineered media soil to the top of the top slob. Compare the measured distance to the distance shown on the approved Contract Drawings for the system. Add Filterra media (not top soil or other)to bring media up as needed to distance indicated on drawings. Record on Maintenance Report the following: Distance to Top of Top Slab (inches) Inches of Media Added www.ContechES.com/filterra 1 800-338-1122 9 4. Mulch replacement • Add double shredded mulch evenly across the entire unit to a depth of 3". • Refer to Filterra Mulch Specifications for information on acceptable sources. • Ensure correct repositioning of erosion control stones by the Filterra inlet to allow for entry of trash during a storm event. • Replace Filterra grates correctly using appropriate lifting or moving tools, J taking care not to damage the plant. 5. Plant health evaluation and pruning or replacement as necessary • Examine the plant's health and replace if necessary. • Prune as necessary to encourage growth in the correct directions Record on Maintenance Report the following: v Height above Grate (ft) i Width at Widest Point (ft) t .o Health healthy ( unhealthy Damage to Plant yes no YF Plant Replaced yes no 6. Clean area around Filterra • Clean area around unit and remove all refuse to be disposed of appropriately. 7. Complete paperwork • Deliver Maintenance Report and photographs to appropriate location (normally Contech during maintenance contract period). • Some jurisdictions may require submission of maintenance reports in }F accordance with approvals: It is the responsibility of the Owner to comply with local regulations. K 10 www.ContechES.com/filterra 1 800-338-1122 Maintenance Checklist ConditionsDrainage Problem . . Actions System Failure Excessive Accumulated sediments or Inlet should be free of Inlet sediment or trash trash impair free flow of water obstructions allowing free Sediments and/or trash should accumulation. into Filterra. distributed flow of water into be removed. Filterra. Trash and debris should be Mulch Cover Trash and floatable Excessive trash and/or debris Minimal trash or other debris removed and mulch cover raked debris accumulation. accumulation. on mulch cover. level. Ensure bark nugget mulch is not used. "Ponding"in unit could be "Ponding"of water indicative of clogging due Stormwater should drain Recommend contact Mulch Cover to excessive fine sediment freely and evenly through manufacturer and replace mulch on mulch cover. accumulation or spill of mulch cover. as a minimum. petroleum oils. Soil/mulch too wet,evidence of Vegetation Plants not growing spill. Incorrect plant selection. Plants should be healthy and Contact manufacturer for advice. or in poor condition. Pest infestation.Vandalism to pest free. plants. Plant growth Plants should be appropriate Trim/prune plants in accordance Vegetation to the species and location of with typical landscaping and excessive. Filterra. safety needs. Cracks wider than 1/2 inch Structure Structure has visible or evidence of soil particles Vault should be repaired. cracks. entering the structure through the cracks. Maintenance is ideally to be performed twice annually. Filterra Inspection & Maintenance Log Filterra System Size/Model: Location: Height . 1 Date Debris Mulch Mulch Vegetation Vegetation Issues with Comments Removed Added Brand Above Species• - 111117 5—5 gal Golaxy Standing water in Removed blockage in downstream Buckets Magnolia downstream structure structure www.ContechES.com/filterra 1 800-338-1122 11 Introduction Thank you for your purchase of the Filterra® Bioretention System. Filterra is a specially engineered stormwater treatment system incorporating high performance biofiltration media to remove pollutants from stormwater runoff.The system's biota (vegetation and soil microorganisms)then further breakdown and absorb captured pollutants.All components of the system work together to provide a sustainable long-term solution for treating stormwater runoff. The Filterra system has been delivered to you with protection in place to resist intrusion of construction related sediment which can contaminate the biofiltration media and result in inadequate system performance. These protection devices are intended as a best practice and cannot fully prevent contamination. It is the purchaser's responsibility to provide adequate measures to prevent construction related runoff from entering the Filterra system. Included with your purchase is Activation of the Filterra system by the manufacturer as well as a 1-year warranty from delivery of the system and 1-year of routine maintenance (mulch replacement,debris removal, and pruning of vegetation) up to twice during the first year after activation. Design and Installation Each project presents different scopes for the use of Filterra systems. Information and help may be provided to the design engineer during the planning process. Correct Filterra box sizing (by rainfall region) is essential to predict pollutant removal rates for a given area. The engineer shall submit calculations for approval by the local jurisdiction. The contractor is responsible for the correct installation of Filterra units as shown in approved plans.A comprehensive installation manual is available at www.ContechES.com. Activation Overview Activation of the Filterra system is a procedure completed by the manufacturer to place the system into working condition. This involves the following items: • Removal of construction runoff protection devices • Planting of the system's vegetation • Placement of pretreatment mulch layer using mulch certified for use in Filterra systems. Activation MUST be provided by the manufacturer to ensure proper site conditions are met for Activation, proper installation of the vegetation, and use of pretreatment mulch certified for use in Filterra systems. xx nr... www.ContechES.com/filterra 1 800-338-1122 EXHIBIT "E" [MAINTENANCE CONTRACT] The Landowner, or its successor in interest to title of the Property, will be responsible for the maintenance of said Facility in perpetuity. WATER QUALITY DEVICE-STORM WATER FACILITY MAINTENANCE AGREEMENT 12 Rev.0510412017