HomeMy WebLinkAbout065368 - Construction-Related - Contract - Alliance Center-East AssociationDate Received: 6/1 7/2026 Permit No.: SWFMA-26-0010
8:01 a. m . 65368
Time Received: City Secretary No.:
STORMWATER FACILITY
MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into this 16th day of June
2026, by and between ALLIANCE CENTER -EAST ASSOCIATION, a Texas nonprofit
corporation, acting by and through its duly authorized representative, hereinafter referred to
as "Association", and the City of Fort Worth, hereinafter referred to as "City".
WITNESSETH
WHEREAS, Association is the owner of certain real property described as a tract of
land situated in the A. McDonald Survey, AbstractNumber 786, City of Fort Worth, Denton
County, Texas and being aportion ofthat tract of land described by deed to Alliance Center -
East Association, recorded in Instrument Number 2026-26130, Real Property Records,
Denton County, Texas, hereinafter called the "Property"; and
WHEREAS, Association provides for management of storm water within the
confines of the Property; and
WHEREAS, City and Association, 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 Stonmwater Management Facilities be constructed and maintained on a portion of the
Property; and
WHEREAS, the City requires that on -site Stormwater Management Facilities
("Facility") be constructed and adequately maintained by the Association, its successors and
assigns, the location and dimensions of which are shown and more particularly described
by metes and bounds 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:
OFFICIAL RECORD
STORMWATER FACILITY MAINTENANCE AGREEMENT CITY SECRETARY
Rev.03/0]/2022 BN 1
FT. WORTH, TX
1. Association, its successors and assigns, 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 pipes, channels or other conveyances built to convey storm water to
the Facility, as well as all structures, improvements, and vegetation provided to
control the quantity and quality of the storm water. Adequate maintenance is
herein defined as good working condition so that the Facility is performing its
design function. The Stormwater Structural Control Maintenance Checklists,
attached to this Agreement as Exhibit "D", are to be used to confirm that the
Facility is performing its design function.
2. Association, its successors and assigns, shall inspect the Facility and submit an
inspection report to the City annually. The purpose of the inspection is to
confirm the 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. Association, its successors and assigns, hereby grants permission to the City, its
authorized agents and employees, upon at least two days' written notice, to enter
upon the Facility Property for the sole purpose of inspecting 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 Association, its successors and assigns, copies of the inspection findings
and a directive to commence with the repairs if necessary.
4. In the event Association, its successors and assigns, fails to maintain the Facility
in good working condition as specified herein, the City shall provide written
notice to Association, its successors and assigns, describing with reasonable
specificity the needed repairs or maintenance. Association, its successors and
assigns, shall have a period of thirty (30) days to complete such repairs or
STORMWATERFACIUIY MAINTENANCE AGREEMENT 2
Rev. 03/01/2022 ON
maintenance or if such repairs or maintenance cannot be completed within thirty
(30) days, Association, its successors or assigns, can request additional time to
conduct the repairs or maintenance by providing a plan of action and proposed
timeline to City specifying the amount of time Association believes is necessary
to conduct the required repairs or maintenance, such plan and timeline subject
to approval or denial by the City within five (5) business days from the date of
receipt of the request, with approval not to be unreasonably withheld. If
Association, its successors and assigns, fails to complete such repairs or
maintenance within the time set forth in the immediately preceding sentences,
then the City, its authorized agents and employees, may enter upon the Facility
Property and take whatever steps reasonably necessary to correct deficiencies
identified in the inspection report and to charge the costs of such repairs to the
Association, 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 Association's.
5. The Association, 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 Association, its successors and assigns, shall reimburse the City
upon demand, within thirty (30) days of receipt thereof for all reasonable costs
incurred by the City hereunder. In the event that Association or its successors
or assigns fail to pay the City for the costs incurred under this section, the City
may impress a lien for the costs of such work upon the Facility Property. Such
lien shall be perfected by filing in the office of the County Clerk of Denton
County, Texas an affidavit identifying the Facility Property, stating the amount
thereof, and making reference to this Agreement.
6. This Agreement imposes no liability of any kind whatsoever on the City. THE
ASSOCIATION AGREES TO HOLD THE CITY HARMLESS FROM
ANY LIABILITY IN THE EVENT THE FACILITY FAILS TO
STORMWATER FACILITY MAINTENANCE AGREEMENT 3
Rev.D3/01/2D22 BN
OPERATE PROPERLY. ASSOCIATION COVENANTS AND AGREES
AND DOES HEREBY INDEMNIFY, HOLD HARMLESS, AND DEFEND
THE CITY OF FORTWORTH, 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 ASSOCIATION OR ITS SUCCESSORS AND ASSIGNS,
TO MAINTAIN THE FACILITY, INCLUDING, BUT NOT LIMITED TO
THE BED AND BANKS OF THE FACILITY; ANY DAMAGES CAUSED
TO PERSON OR PROPERTY DUE TO (1) FLOODING OF THE
FACILITY AND ITS BANKS, (2) SLOPE FAILURE OF THE BANKS OF
THE FACILITY, OR (3) FAILURE OF THE FACILITY TO OPERATE
IN A MANNER CONSISTENT WITH CITY OF FORT WORTH
CRITERIA, OR TO PERFORM ANY OTHER DUTIES OR
OBLIGATIONS HEREUNDER.
7 Association covenants and agrees that no habitable building shall be erected
within the Facility Property, but this paragraph shall not preclude construction
of other improvements within the Facility Property which do not impede
drainage. Association covenants and agrees that as to any property owned by
Association which abuts the Facility Property, no habitable building shall be
erected which shall have a finished floor at an elevation less than two feet above
the maximum depth of water in the detention pond which would occur during a
100-year frequency flood.
8. This Agreement shall be recorded among the land records of Denton County,
Texas, shall constitute a covenant running with the land, and shall be binding on
the Association, its successors and assigns. Notwithstanding anything to the
contrary contained in this Agreement, neither Association nor any future owner
of all or any portion of the Property shall be liable under an indemnification of
other obligations under this Agreement with respect to claims, losses, damages,
events or occurrences other than those arising during or relating to the respective
period of such Association's or future owner's ownership of the Property.
STORMWATER FACILITY MAINTENANCE AGREEMENT 4
Rev. 03/01/2022 BN
Executed this 16th day of JU n e 2026.
CITY OF FORT WORTH
Jesica McEachem
Assistant City Manager
City of Fort Worth
Date: 06/16/2026
Approved as to Form and Legality:
M,, Kew perk) it
By: M. Kevin Anders, II (Jun 15, 2026 09:25:59 CDT)
Kevin Anders II
Assistant City Attorney II
City Attorney's Office
Date: 06/15/2026
ATTEST:
C,
Jannette S. Goodall
City Secretary
Date: 06/17/2026
STORMWATER FACILITY MAINTENANCE AGREEMENT
Rev. 03/02/2022 BN
ASSOCIATION
ALLIANCE CENTER -EAST
ASSOCIATION
a Texas nonprofit corporation
�lt
By: Eric Elrod
Title: President
Date: t/'&/Z4,
Contract Compliance Manager:
By signing, I acknowledge that I am the
person responsible for the monitoring
�FOATL➢G
o vae..a,o,�;10 and administration of this contract,
including ensuring all performance and
aAay nex►?oa reporting requirements.
-V-,f---
Kandice Merrick
Development Manager
06/15/2026
Date
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
5
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on June 16, 2026 by
Jesica McEachern, Assistant City Manager of the City of Fort Worth, on behalf of the City
of Fort Worth.
to P`r KATKLEEN BRADFORD
= h Notary Public
* t STATE OF TEXAS
y ���YYYY Notary I.D, 12197197
cF My Comm, Exp. Apr. 12. 20V
STATE OF TEXAS
COUNTY OF TARRANT
Notary Public, State of Texas
1
0
This instrument was acknowledged before me on t, 2026, by
c, LAe& of. Alliance Ce -East Association, a Texas
nonprofit corporation, on behalf of said corporation. l�
' LORI A. TICKNOR Notary ublic, State of Texas
�ytY D`0�i
b: Notery Public. State of Texas
ON,Comm. Expires 11-06.2027
� ....• t.
Notary ID 10407366
STORMWATER FACILITY MAINTENANCE AGREEMENT 6
Rev. 03/0112022 SN
EXHIBIT "A"
FACILITY PROPERTY
Description of a
SWFMA Facility Property
BEING a tract of land situated in the A. McDonald Survey, Abstract Number 786, City of Fort Worth,
Denton County, Texas, and being a portion of that tract of land described by deed to Alliance Center -
East Association, recorded in Instrument Number 2026-26130, Real Property Records, Denton County,
Texas, being more particularly described by meets and bounds as follows:
COMMENCING at the northerly most northwest corner of said Alliance Center -East Association
tract, being in the south right-of-way line of Eagle Parkway (a 120 foot right-of-way), recorded in
Volume 2769, Page 580, and being in the north line of a portion of the remainder of that tract of land
described by deed to AIL Investment LP., recorded Volume 4246, Page 457 (Instrlunent Number
1998-117441), said Real Property Records;
THENCE S 54052'39"W, 14.63 feet, with the west line of said Alliance Centel -East Association act;
THENCE over and across said Alliance Center -East Association tract, the following courses and
distances:
S 03059'30"W,10.19 feet, departing said west tine, to the POINT OF BEGINNING, being
the beginning of a non -tangent curve to the right;
With said non -tangent curve to the right, an arc distance of 489.43 feet, through a central angle
of 25002'15", having a radius of 1120.00 feet, the long chord which bears S 70'39'06"E,
485.54 feet;
S 31051'59"W, 164.46 feet, to the beginning of a curve to the right',
With said curve to the right, an arc distance of 90.55 feet, through a central angle of 86°28' 1 T',
having a radius of 60.00 feet, the long chord which bears S 75°06'08' Vi1, 82.20 feet, to the
beginning of a reverse curve to the left;
With said reverse curve to the left, an are distance of 272.46 feet, through a central angle of
17°02'33", having a radius of 9I6.00 feet, the long chord which bears N 709 F01 "W,
271,46 feet, to the beginning of a reverse curve to the right;
With said reverse curve to the right, an are distance of 86.60 feet, through a central angle of
82°41'47', having a radius of 60.00 feet, the long chord which bears N 37°21'24"W,
79.28 feet;
THENCE N 03059'30"E,167.03 feet, to the Point of Beginning and containing 95,395 square feet or
2.190 acres of land more or less. --4tiAsh.-
"Integal puu of this document"
1. Description
2. Exhibit
s
TODD A. BRIDGES
0•.
' 4940 Zr
Westwood Job No. 0058422
Pmj Gm
N:W058422.00106 CAiZ1UGMSURVEYIEASEMENTSILEGAL510058422_EAI
STORMWATER FACILITY MAINTENANCE AGREEMENT
Rev.03/01/2022 BN
Tacking No. ACF# 9241
June 02, 2026
Page I of 2
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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 24
Rev, 03/01/2022 BN
Phi Group
Montis Court
Bouncers Lane, Cheltenham
Gloucestershire, GL52 57G
T: 01242 707600
E: southern@phigroup.co.uk
W: www.phigroup.co.uk
OPERATION & MAINTENANCE - GABION
1. INTRODUCTION
PHI GROUP
A KEGLER COMPANY
The Gabion retaining wall system comprises steel welded mesh cages coated with specific anti corrosion treatment,
laced together and filled with granular material to the specified grading to form a gravity structure built such that
the weight of the wall resists the pressures exerted on it from the ground behind. The depth of the structure will
increase with the height of the wall.
Materials used:-
Gablon Cages: Steel Welded Mesh Cages with Alu-Zinc/PVC Coating
Fill to the structure: Type 6G gabion infill stone
Foundation: Compacted Type 1 granular sub -base
2. PHI GROUP DESIGN DRAWINGS
Issued to suit project
3. CONSTRUCTION METHODS
The Gabion retaining wall has been general installed as the details on this page. For more specific project details
please refer to the project Specific Works Package Plan.
4. MAINTENANCE PROCEDURES
Any long term maintenance is basically periodic visual inspections to detect damage or abnormalities. Any damage
detected should be reported and advice on repair should be sought from Phi Group. These would typically be
annually, but will vary depending on the location of the wall and what it is supporting.
Abnormalities may Include: localised bulging of the face; broken components; damage by Impact or vandalism;
vegetation on the face; excessive water through the face.
No requirement for any cleaning is anticipated.
if any fencing has been installed at the top of the wall to prevent falls, this will need to be inspected to ensure it
remains adequate. Typically any fencing will not last as long as the structure and wlll need to be replaced during the
lifespan of the retaining wall.
If a rear of wall drain has been installed at the construction stage, the relevant catch pit, manhole or soak away
within the development should be checked annually to ensure this can still flow.
STORMWATER FACILITY MAINTENANCE AGREEMENT 25
Rev. 03/01/2022 BN
5. POINTS TO BE AWARE OF
5.1 Local minor Impact damage
Individual split, broken or damaged cage components will not affect the structural capacity of the wall and can be
repaired locally if required. If several components are broken in the same area such that it will affect other parts of
the wall or loss of the infill stone, advice should be sought from Phi Group or a structural Engineer.
5.2 Major collision damage
As with any structure, affected areas may require re -building with locallsed support of the fill behind. Advice should
be sought from Phi Group or a structural Engineer.
5.3 Settlement
The "method compaction" guidance within Specification for Highways Works; Series 500 is based upon achieving
90% compaction. It follows that some post -construction consolidation should be expected. The Gabion system is also
a flexible structure that can accommodate differential settlement caused by seasonal moisture changes, so some
minor movements will occur over its lifespan.
5.4 Excavation near the wall
Excavation behind the retaining wall may affect the structure but it will be based on how close and to what depth
the excavation is carried out. Also the plant used to carry out the excavation can damage and exert large loadings on
the wall. If any excavations are required behind the wall advice should be sought from Phi Group first. Excavation in
front of the wall may undermine the structure. Any excavation deeper than 500mm may have the potentlal to
undermine the retaining wall foundations leading to settlement and possible collapse. Any excavation in front of the
wall should be checked by a structural Engineer or further advice sought from Phi Group
5.5 Vegetation
The Gabion system Is a caged structure filled with inert crushed stone, so it is not expected to be susceptible to
vegetation establishment from within the wall. Vegetation growing on or up the face of the wall will not affect the
structure. However, any vegetation growing out of the wall/cages should be removed.
5.6 Water
The Gabion retaining wall has crushed stone within and behind the wall, thus the wall should have very little
evidence of water within It. If water is coming through the face this would mean excessive water is coming from
behind the structure and should be investigated to find the water source and remove it. For more specific project
details please refer to the project specific drawings.
6. DEMOLITION AND DISMANTLING
No demolition should be undertaken without reference to Phi Group or a Structural Engineer.
i. RESIDUAL RISKS
As any other type of retaining wall, falling from height is a residual risk of a Gablon retaining wall. When Phi Group
installs a retaining wall it will normally have a fence already built in to the top of the wall. Occasionally post formers
will be left In the top of the wall for the Main Contractor to install a fence after our works are complete. This will
ensure that falling from height from the top of the wall has been addressed, but the fencing will need to be
maintained for the lifespan of the wall. Gabion walls can be climbed by people and thus falling from height off the
wall may also be an issue, The Contractor will need to take any necessary steps to bring this to the end -users
attention.
S. PRODUCT LITERATURE
Visit the Phi Group website at www,phigroup,co.uk for Brochure and further details,
STORMWATER FACILITY MAINTENANCE AGREEMENT 26
Rev, 03/01/2022 BN
EXHIBIT "D"
STORMWATER STRUCTURAL MAINTENANCE CHECKLIST
FREQUENT
INSPECTION
Mowing
Remove Trash and
debris
Inspect irrigation
system operation
Remove grass
clippings
Violations Noted
MINOR
INSPECTION
Condition of Pond
Amount of silt in
nd
Amount of silt in
flume
Amount of ponded
water
Amount of wetland
ve etation
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
Condition of
filtration sN stem
STORMWATER FACIUTY MAINTENANCE AGREEMENT 27
Rev.03/02/2022 ON
Berm or
Embankment
Settlement.
Location of erosion
Evidence of Animals
Evidence of Aquatic
life
Condition of
Aeration Foundation
STORMWATER FACIUTY MAINTENANCE AGREEMENT 28
Rev. 09/O1/2022 SN
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FORT WORTH.
City Secretary's Office
Contract Routing & Transmittal Slip
Contractor's Name: Alliance Center -East Association
Subject of the Agreement:
SWFMA needed for new construction
M&C Approved by the Council? * Yes ❑ No 0
If so, the M&C must be attached to the contract.
Is this an Amendment to an Existing contract? Yes ❑ No ❑✓
If so, provide the original contract number and the amendment number.
Is the Contract "Permanent"? *Yes 0 No ❑
If unsure, see back page for permanent contract listing.
Is this entire contract Confidential? *Yes ❑ No ❑✓ If only specific information is
Confidential, please list what information is Confidential and the page it is located.
Effective Date:
If different from the approval date.
Expiration Date:
If applicable.
Is a 1295 Form required? * Yes ❑ No 0
*If so, please ensure it is attached to the approving M&C or attached to the contract.
Project Number: If applicable. SWFMA-26-0010
*Did you include a Text field on the contract to add the City Secretary Contract (CSC)
number? Yes ❑✓ No ❑
Contracts need to be routed for CSO processing in the followingorder:
rder:
1. Katherine Cenicola (Approver)
2. Jannette S. Goodall (Signer)
3. Allison Tidwell (Form Filler)
*Indicates the information is required and if the information is not provided, the contract will be
returned to the department.