HomeMy WebLinkAboutContract 58770 CSC # 58770
CITY-OWNED GRINDER PUMP
SEWER SYSTEM SERVICE AGREEMENT
FOR
SEWER SYSTEM RE-ROUTE
This Agreement regarding Grinder Pump Sewer Systems ("Service Agreement" or
"Agreement") is entered into by and between City of Fort Worth (the "City") and
Paul Williams ("Customer") for sanitary sewer services to the property located
at 9416 Watercress Drive ("Property") .
RECITALS
WHEREAS, the City owns, operates and maintains a centralized sanitary
sewer collection and treatment facility ("Collection Facility") ; and
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WHEREAS, a grinder pump apparatus consists of certain components including
an electrically powered grinder pump ("Grinder Pump") and associated pressurized
piping (collectively, "Grinder Pump System") to transport sewage to the
Collection Facility; and
WHEREAS, the elevation and/or slope of the Property in relation to the
location of the City' s Collection Facility requires the installation of a
Grinder Pump System in order to move Customer's sewage to the City's Collection
Facility; and
WHEREAS, City desires to reduce the number of private septic sewer systems
around Lake Worth in an effort to improve water quality of the lake.
WHEREAS, the City's Collection Facility is regulated by the rules and
regulations of the Texas Commission on Environmental Quality ("TCEQ") ; and
WHEREAS, the rules and regulations of the TCEQ require that the City only
allow the use of a Grinder Pump System by a Customer under terms and conditions
set forth in a service agreement; and
WHEREAS, City desires to install and maintain a Grinder Pump System to
connect Customer to the City' s Collection Facility; and
WHEREAS, Customer will dedicate an easement for the Grinder Pump System
to City;
NOW, THEREFORE, in consideration of the mutual promises and covenants
contained herein, the City and Customer agree as follows:
1. In order to provide sanitary sewer service to Customer:
a. City shall install/construct a Grinder Pump System on the Property
including the electrical service line required to connect to the
Customer' s power supply.
b. The customer shall be responsible for the installation of piping
including routing, re-routing or connecting the existing sewer
service from the home to the Grinder Pump System. Customer shall
OFFICIAL RECORD
1 CITY SECRETARY
Grinder Pump Agreement FT.WORTH,TX
remain responsible for all plumbing, pipes or related appurtenances
from the connection point with the Grinder Pump System back to
Customer' s residence.
c. Customer agrees to privately retain and pay the costs associated
with providing a dedicated electrical service/connection,
sufficient to power the Grinder Pump, from the main electrical
control panel for the residence to a location, generally affixed to
the residential structure, in the vicinity of the Grinder Pump.
Customer will pay, in Customer's normal course of business, any
electric charges attributable to the Grinder Pump as may be incurred
through Customer' s electric service provider.
d. City shall have the right to inspect, maintain and, when needed,
repair, the Grinder Pump System.
e. Customer agrees that the City shall have the right to stop any
discharges from the Grinder Pump in order to prevent contamination
of state waters, if necessary.
2. Customer shall grant to City a permanent easement, including a right
of entry onto the Property, in the form attached hereto, for the
purpose of installing, constructing, inspecting, maintaining and
repairing the Grinder Pump System. City shall obtain a metes and bounds
survey of the permanent easement and provide same to Customer for
inclusion in the easement to be dedicated upon completion of the
installation of the Grinder Pump System.
3. In the event of the sale or transfer of ownership of the Property for
any reason, the Grinder Pump System shall remain the property of the
City and shall be considered a fixture of the Property and may not be
removed by Customer. Customer shall disclose to any future purchaser
of the residence the existence of the Grinder Pump System, this
Agreement and the easement. j
4 . Customer agrees to provide emergency power to the Grinder Pump in
accordance with the manufacturer' s specifications.
5. Customer has the responsibility to understand and comply with the
proper use of the Grinder Pump according to the manufacturer' s manual,
as provided by the City. Customer' s tampering with the Grinder Pump
System, except in the case of an emergency, or deliberate introduction
of prohibited materials shall constitute a breach of this Service
Agreement and authorize the City to discontinue water and/or sewer
service to the Premises in accordance with City policies. In the event
service is terminated, Customer shall be responsible for any and all
costs related to the termination of any such services and for the
restoration of service, all in accord with then existing Ordinances of
the City.
6. Customer shall not relocate the Grinder Pump System. If Customer
desires to have the Grinder Pump System relocated, Customer shall
contact the City' s Water Department to make arrangements. Customer
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Grinder Pump Agreement
shall be responsible for all costs related to a customer-initiated
relocation.
7. Customer, its successors and assigns, hereby releases, acquits and
forever discharges City and its representatives from all claims,
demands or causes of action of any kind which Customer has now or may
have in the future related to the installation, construction,
operation, inspection, maintenance and repair of the Grinder Pump
System except as such damages may result from demonstrated improper
installation or maintenance of the Grinder Pump System.
8. Customer agrees to abandon private septic sewer systems currently or
previously serving the property according to the requirements set forth
by the City and the TCEQ.
9. Except as stated above, Customer, its successors and assigns, agrees
to indemnify and hold harmless the city, its officers, directors,
employees or representatives from any claims or damages associated
with or arising from design, installation, operation or maintenance of
the Grinder Pump System.
10. This Agreement runs with the land and shall be binding upon any
heirs, transferors, sub-lessees, purchasers, or assignees coming into
possession of the Property. Upon the sale or legal transfer of the
Property to a third party, this Agreement shall transfer to the buyer
and shall terminate as to Customer-seller, said buyer to assume all
duties remaining to be performed as Customer herein. Customer-seller
shall have no further obligation to City hereunder, other than to pay
for water and/or wastewater service provided prior to the date of sale.
11. Any amendments to this Agreement must be in writing and signed by
both the City and the Customer.
12. This Agreement shall be performable in Tarrant County, Texas, which
county shall be the exclusive place for venue for any disputes arising
under the Agreement.
REMAINDER OF THE PAGE INTENTIONALLY BLANK
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Grinder Pump Agreement
ACCORDINGLY, City and Customer hereby enter into this Agreement as
indicated by each party' s signature affixed hereto, effective as of the
date subscribed by the City.
CITY OF FORT WORTH CUSTO ER
Aura 8�Alut'aFF
By;Dana Burghdo�F(J 25,202 1:5oCST) By;
Dana Burghdoff, Assistant City Manager P ul Williams
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City Secretary
APPROVED AS TO FORM AND LEGALITY
Assistant City Attorney
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.
Walter Norwood, Sr. Professional Engineer, Water
OFFICIAL RECORD
CITY SECRETARY
4 FT.WORTH,TX
Grinder Pump Agreement
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State
of Texas, on this day personally appeared Dana Burghdoff, known to me to be
the person whose name is subscribed to the foregoing instrument, and
acknowledged to me that the same was the act of the City of Fort Worth and
that he executed the same as the act of said City of Fort Worth for the purposes
and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY AND HAND SEAL OF OFFICE THIS 25th day of January
2023.
O�PRY pVe/ SELENA ALA
2 n (1 Notary Public Selena Ala(Jan 25,202317:52 CST)
• h STATE OF TEXAS Notary Public, State of Texas
GV P Notary I.D. 132422528
9jFoF My Comm.Exp.Mar.31,2024
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STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State
of Texas, on this day personally appeared Paul Williams, known to me to be the
persons whose names are subscribed to the foregoing instrument, and acknowledged
to that they executed the same for the purposes and consideration therein
expressed. �f� I
GIVEN UNDER MY HAND AND SEAL OF OFFICE this o��'Tk day of ,
2023.
NITASHINSKY
•2. :C;,
_*: *= My Notarylp#11003317 Notary Public, St a of Texas
Expires July 12,2023
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Grinder Pump Agreement