HomeMy WebLinkAboutContract 58994CSC # 58994
CITY -OWNED GRINDER PUMP
SEWER SYSTEM SERVICE AGREEMENT
FOR
SEWER SYSTEM RE-ROUTE
This Agreement regarding Grinder Pump Sewer Systems ("Service Agreement" or
"Agreeme t") is ter d into by and between City of Fort Worth (the "City")
and ("Customer") f r sanitary se services to
the p perty located at �% 3� / ��C% 7A-A
("Property").
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WHEREAS, the City owns, operates and maintains a centralized sanitary
sewer collection and treatment facility ("Collection Facility"); and
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, 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. 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 remain
responsible for all plumbing, pipes or related
appurtenances from the connection point with the Grinder Pump
System back to Customer's residence.
1 OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
b. 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.
c. City shall have the right to inspect, maintain and, when needed,
repair, the Grinder Pump System.
d. 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.
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
shall be responsible for all costs related to a customer -initiated
relocation.
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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. 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.
9. 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.
10. Any amendments to this Agreement must be in writing and signed by
both the City and the Customer.
11. 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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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
By :Dana Burghdoff (Mar 7, 202 6:37 CST)
Dana Burghdoff, Assistant City Manager
ATTEST: Qd'f"ov voo *Y
City Secretary
APPROVED AS TO FORM AND LEGALITY
Assistant City Attorney
By:/tL. ��. t/. I .
IGatI _ �I
•
X-eann Gates
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
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Grinder Pump Agreement
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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 7th
2023.
119
SELENA ALA
Notary Public
STATE OF TEXAS
Notary I.D. 132422528
My Comm. Exp. Mar. 31, 2024
STATE OF TEXAS §
COUNTY OF TARRANT §
Selena Ala (Mar 7, 2023 09:51 CST)
day of March
Notary Public, State of Texas
BEFORE ME, the undersigned authority, a Notary Public in and for the State
of Texas, on this day personally appeared John Gates, 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.
GIVEN UNDER MY HAND AND ��'���IIIp6,,OFFICE this <U day of ,
2023. N11AIASHINS
STATE OF TEXAS
COUNTY OF TARRANT
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Notary Public, S6ate of Texas
BEFORE ME, the undersigned authority, a Notary Public in and for the State
of Texas, on this day personally appeared Joann Gates, 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. 'D
GIVEN UNDER MY HAND AND SEAL OF OFFICE this pool- day of
2023. ...tw11111 W,..
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Notary Public, State of Texas
Grinder Pump Agreement