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Home My WebLink About2017 Feb 01 - O&M Service Contract - All Cape Environmental Services Inc.} � �� ' All Cape Environmental Services Inc. PO Box 235 Yarmouth Port Ma. 02675-0235 www.allcapeenvironmentalservice.com Operation & Maintenance Service Contract For Singulair 960-600 DN This Contract is between Sandra Frisone (hereafter referred to as "Owner") and All Cape Environmental Inc. (hereafter referred to as "ACE") for Operation 8� Maintenance of the treatment system listed below (hereafter referred to as the "System") System Owner; Sandra Frisone System Address; 35 Hawks Wing, South Yarmouth Ma. Permit Information; 10-156 Management Level; Provisional Contact Information; 1. Maintenance and Other Services. ACE agrees to provide the following services to Owner during the Term of this Contract; (See attached Schedule C for additional &specific service requirements related to SINGULAR system) Z,i,Inspection& Operation,ACE agrees to inspect and operate the system in accordance with Massachusetts DEP approval and manufactures requirements. Interval for inspections to be Quarterly Z,Z,Maintenance&Service,ACE agrees to maintain system in accordance with Massachusetts DEP approval and manufactures requirements. Interval for maintenance to be Quarterly (to be combined with inspections) 1,3.Fie/d Samp/ing,ACE agrees to field sample effluent samples for PH, Temperature, D0, and Turbidity. All meters to be in good working order and calibrated per manufactures requirements. i,4,Laboratorylntluent&EftluentSamp/ing,ACE agrees to pull influent&effluent samples for laboratory analysis from a Massachusetts Certified Laboratory, per DEP and Town Board of Health requirements No Influent Sample Interval, Effluent Sample Interval to be Quarterly 1,5,Intluent Testing for;No Influent Testing required 1 �., � � �� All Cape Environmental Services Inc. PO Box 235 Yarmouth Port Ma. 02675-0235 www.allcapeenvironmentalservice.com �1,6,Effluent Testing for;�BODS,TSS, NHa, NOz, NO3,TKN, ALK,�TN (calculated NO2 + NOs + TKN) 1,7.Pumping ofHo/ding Tanks ACE agrees to check scum &sludge layers. ACE will recommend when to pump tanks. Please note that all grease traps are required to be pumped no less than quarterly. 1,8,EmergencyService Ca//s ACE agrees to provide emergency service calls as provided in Section C Z,9.WarrantyService,ACE agrees to provide warranty service as provided by manufacturer and Section C 2. Payment for Services. Payment for services will be in accordance with Schedule D 3. Contract Term. The term for this contract shall start on )anuary 1� 2017 and continue on an annual basis, unless the contract is terminated early as provided in Schedule C. 4. Requirement for Service &Maintenance, Advise to Agencies. Owner acknowledges that Government agencies may require the following activity; 4,1, That the above referenced treatment system requires regular service and inspections. 4,2, That a copy of this contract will be made available to government agencies by ACE. 4,3, That ACE must advise the agencies if this contract is terminated at any time regardless of the reason 5. Limits on Contract Services. Actual contract fee covers only the specific services as set forth in this Contract. Any additional services requested by Owner or required by regulatory agencies, including any additional testing services that are not specifically listed above and may be required by regulation or permit(s) to operate, will be provided at an additional cost. This Contract applies only to services relating to the treatment system itself and does not apply to any other parts of the building, wiring, or the like. 6. Care of the System by Owner or Tenant; Owner agrees to operate the system in a way consistent with DEP approval letter, Town Board of Health requirements, and Manufactures recommendations and instructions. 7. Other Parts of Contract. Attached and made part of this contract as if set forth in full here are the following; • Schedule A (describing unit location and regulatory requirements • Schedule B (operating conditions) • Schedule C (contains additional terms and conditions of this contract) • Schedule D (schedule of fees and payment terms) • Schedule E (addendums and or other terms/conditions) SCHEDULE A— DESCRIPTION OF TECHNOLOGY & REGULATORY REQUIREMENTS Make and Model; Serial No; State Permit # Town Permit # Management Level &Testing/Inspection information (list town requirement and tests required) 2 , � �: All Cape Environmental Services Inc. PO Box 235 Yarmouth Port Ma. 02675-0235 www.allcapeenvironmentalservice.com SCHEDULE B— OPERATING CONDITIONS Owner acknowledges that the following items can overtax the biological process of the system and shall avoid introducing dental floss, disposable diapers, kitly litter, sanitary napkins, tampons, cigarette butts, condoms and other items of similar nature. Owner acknowledges that the following can destroy the biological process and agrees to not introduce chemicals such as paints, varnishes, thinners, waste oils, photographic solutions, pesticides and excessive amounts of household chemicals into the system. Other operating conditions; SCHEDULE C —ADDITIONAL TERMS AND CONDITIONS OF CONTRACT This Schedule C is part of the attached Maintenance Contract between Owner and ACE. This Schedule contains additional terms and conditions of the Contract. Ci. Inspections&Operation. ACE agrees to inspect and operate the system in accordance with Massachusetts DEP approval. Including: (1) Quarterly inspections and reports (2) Continuous operation by licensed and properly trained personnel (3) Sludge & Scum levels in all tanks with recommended pumping. (4) Visual and Field testing of effluent for PH, D0, Temperature, Turbidity, Color, and Smell (5) Meter readings for voltage and amperage on all electrical components that are part of the system. C2. Maintenance Services.ACE agrees to maintenance services as recommended by manufacture and DEP approval including; (1) Performing all recommended and required manufactures maintenance items Quarterly(to be combined with inspections) (2) Adjusting, cleaning and/or the replacement of any mechanical or electrical components of the treatment system that appear to require it. (3) Refilling, and or replacement of chemicals/bacteria bags that may be required by system. C3. Other Services and Charges. There will be a charge for any parts, repairs, or pumping except for covered warranty items and or items specifically listed above 3 � � �� `� /�II Cape Environmental Services Inc. PO Box 235 Yarmouth Port Ma. 02675-0235 www.alicaqeenvironmentalservice.com C4. Emergency Service Calls. ACE�agrees to provide Emergency Service calls for System in accordance with the following. C4,1 Avai/abi/ity. Emergency services will be available for response within 24 hrs. C4,2 Cost for Ca//, Emergency Service fees as provided in Schedule D may or may not apply depending on time and condition of emergency. C4,3 CostofParts, Labor, and orPumping. Owner to pay for all parts, labor, and or pumping that may be required on the emergency calf, except for parts and labor that may be covered under warrantee. . C5. Warranty Service. ACE agrees to provide all services and secure replacement parts for the System to the extent covered by the Supplier's component warranty program, and ACE will communicate with the Supplier to secure the benefits of the warranty program for Owner when they apply. The Supplier makes all decisions on component warranty program coverage. Any dispute on warranty coverage, service or installation instructions, or parts will be between the Owner and the Supplier, and Owner shall not hold ACE liable in connection with any such dispute. C6. Dependence on Owner's Representations. Owner represents that he or she owns properry listed in Schedule B is true and accurate. In entering into this Contract, ACE has relied on those representations and ACE representative's own observations. Owner understands that any inaccuracy of the information Schedule B or any future change in that information could void ACE's and Supplier's obligations under this Contract and could require replacement of the System and or other parts of the Septic System with equipment having a greater capacity, all at Owner's expense. C7. Access to Owner's Property. Owner agrees to provide ACE with access to the System and all other parts of the Septic System, as well as to the water and electrical systems at the property, at all reasonable times as may be needed for ACE to perform its obligations under this Contract and to perform such testing as may be required by regulatory agencies. C8. Extension of Contract. This contract shall renew automatically provided Owner is current with all required payments and renewal fees are paid. C10. Early Termination. This Contract may be terminated prior to the end of its Term (including any extended Term) as follows: CZO,1 byACE, This Contract may be terminated by ACE: (a) if Owner defaults in making any payment called for by this Contract or in making any payment for services, repairs, or parts provided by ACE for the System, if the default continues for more than 30 days past the due date, or (b) if Owner defaults in performing any material obligation under this Contract(other than payment obligations) and the default continues for more than 30 days after ACE gives notice of the default to Owner. 4 � �� . : All Cape Environmental Services Inc. PO Box 235 Yarmouth Port Ma. 02675-0235 www.allcapeenvironmentalservice.com C10,2 by Owner, This Contract may be terminated by Owner: (a) if ACE defaults in performing any material obligation under this Contract and the default continues for more than 30 days after Owner gives notice of the default to ACE, (b) if Owner transfers the property, as contemplated by Section C15 below, (c) if the owner removes the system per all applicable laws and regulations, or(d) if Owner replaces the System with a different system. C11. Effects of Termination. Upon termination of this Contract by early termination pursuant to Section C10 above or by expiration of its Term: (a) ACE will notify all applicable governmental agencies and Licensor of the termination (but that notice might not relieve Owner of any obligation of Owner to give similar notice) and (b) all obligations of Owner, ACE and Licensor under this Contract will cease, except that termination shall not relieve any party of any liabilities owed to the other that accrued prior to the termination. C12. Payments. Fees and payments are covered under Schedule D C13. Defaults in Payments for Services, Etc. C13.1 App/icab/e to ContractFees,Service Fees,and PartsThe provisions of this Section C11 shall apply not only to the fees provided for in this Contract but also to all other amounts that may become owing by Owner to ACE for any services and for any parts that ACE may provide in connection with the System or the Septic System. C13,2 Late Payment Fee, Any payment made more than 30 days after it is due will incur a late payment charge equal to 2% of the amount due. The late payment charge will be due as soon as ACE sends Owner a bill that includes it. C13,3Interest. In addition, all amounts unpaid more than 30 days from the due date will incur an interest charge calculated at a rate equal to the lesser of 2% per month or the maximum rate allowed by applicable law. In such cases interest will accrue, on a daily basis using the above rate, from the 30th day of after the due date until the date of actual payment. C13.4 Co/%ction Costs In addition, ACE shall be entitled to recover its actual and reasonable costs incurred in collecting any such overdue amounts, including reasonable attorney's fees and court costs. C14. Changes in Regulatory Requirements. ACE agrees that, if at any time any government agency changes the applicable requirements for inspection services or for inspectors relating to the System or the Septic System so as to increase the requirements applicable on the date of this Contract, then ACE will satisfy those increased requirements. In any case, ACE shall be entitled to increase its fees under this Contract by an amount equal to ACE's cost increase resulting from those increased requirements, plus 15%. ACE shall give Owner at least 60 days prior notice of any such fee increase. C15. Sale of Property. Owner may transfer the benefits of this Contract to any purchaser or other person who acquires the property where the System is located, provided all service fees and any other charges are paid when due. A $50.00 service fee may be required. 5 � �� Ali Cape Environmental Services Inc. PO Box 235 Yarmouth Port Ma. 02675-0235 www.allcapeenvironmentalservice.com C16. Assignment by O&M Provider. ACE may assign its rights and obligations under this Contract to any 0&M Provider of the System who has been authorized by the Licensor to provide maintenance service, provided that the new service provider assumes ACE's obligations under this Contract. Without assigning its rights or obligations under this Contract, Licensor shall have the right to retain subcontractors or other agents to perForm some or all of the services called for in this Contract. C17. Force Majeure. If Supplier, ACE or Owner is delayed or prevented from the performance of any act required under this Contract by reason of Act of God, strikes, lockouts, labor troubles, inability to procure materials (including energy), power, casualty, inclement weather, restrictive governmental laws, orders or regulations, riots, war or another reason of a similar nature not the fault of the party delayed in performing the act required under this Contract, then the requirement for performance of the act shall be extended for a period equivalent to the period of such delay. This Section shall not, however, operate to excuse Owner from prompt payment of fees or other charges covered by this Contract. C18 Notice. Any notice or similar communication required to be given pursuant to this Contract shall be validly given if set forth in writing and if that writing is delivered personally or delivered via facsimile transmission to any phone number for such messages set forth in this Contract (with confirmation) or if the writing is sent by first class such other facsimile number or address for which notice of the change has been given to the other party). C19 Miscellaneous (a) Law App/icab/e, This contract shall be governed and construed under the laws of the State of Massachusetts without regard to its principles of conflict of laws. (b) Amendment. Except as otherwise expressly provided herein, this Contract may not be amended except by written agreement signed by both parties. (c) Heading, The section headings in this Contract are for ease of reference and shall not affect the meaning of any of the provisions of this contract. (d) Intlation Index. Any increases in the cost of maintenance will occur at the Annual anniversary of the Agreement and be based upon the following: Increased labor costs not to exceed the National Consumer Price Index (CPI) percentage change (January to January of previous year), increases for equipment and parts not to exceed factory increases. SCHEDULE D— FEES AND PAYMENTS D1. Service&Inspection Fees.Annual service and inspection fees are due Pre-Paid or as stipulated in annual quote � and are calculated as follows; DZ.1 Inspections- Quarterly inspection at a rate of$300.00 per inspection, (or as quoted) 6 � � � �; All Cape Environmental Services Inc. PO Box 235 Yarmouth Port Ma. 02675-0235 www.a Ilca peenvi ron mentalservice.com D1,2 Maintenance&Service- Quarterly (to be combined with inspections) �� D2. Emergency Service Fees. Will be charged at the rate of $150.00 for the first hour then $125.00 per hour for the next 3 hours. After the first 4 hours the rate will drop to $90.00. Owner may request a quote for the repairs. D3. Unscheduled Repairs &Service Fees. Will be charged at the rate of$125.00 per hour for the first four hours then $90.00 per hour after that. Owner may request a quote for work to be done. D4. Laboratory testing Fees; � Cost per Cost per Analysis test Analysis test BODS $ 35.50 NH3 $ 32.04 TSS $ 24.47 Alkalinity $ 19.76 NO2 $ 32.04 TN $ 76.84 NO3 $ 32.04 CBOD $ 41.40 TKN $ 43.26 Fecal Coliform $ 65.44 Please note that testing fees are subject to change without notice, and pricing is outside of All Cape Environmental's control. Only Massachusetts certified laboratories can be used. D5. Quoted prices supersede above pricing schedules D6. Defaults in Payments for Services, Etc. 06,Z App/icab/e to Contract Fees,Service Fees, and Parts The provisions of this Section shall apply not only to the fees provided for in this Contract but also to all other amounts that may become owing by Owner to ACE for any services and for any parts that ACE may provide in connection with the System. 06.2 Late Payment Fee, Any payment made more than 30 days after it is due will incur a late payment charge equal to 2% of the amount due. The late payment charge will be due as soon as ACE sends Owner a bill that includes it. D6.3 Interest In addition, all amounts unpaid more than 30 days from the due date will incur an interest charge calculated at a rate equal to the lesser of 2% per month or the maximum rate allowed by applicable law. In such cases interest will accrue, on a daily basis using the above rate, from the 30th day of after the due date until the date of actual payment. 7 �a 4�� /�II Cape Environmentai Services Inc. PO Box 235 Yarmouth Port Ma. 02675-0235 www.allcapeenvironmentalservice.com D6.4 Co/%ction Costs In addition, ACE�shall be entitled to recover its actual and reasonable costs incurred in collecting any such overdue amounts, including reasonable attorney's fees and court costs. SCHEDULE E—OTHER TERMS AND CONDITIONS NOT MENTIONED ABOVE . The following documents are to be made part of this contract • PROVISIONAL USE APPROVAL RENEWAL Pursuant to Title 5, 310 CMR 15.000 Name and Address of Applicant: Siegmund Environmental Services, Inc. 49 Pavilion Avenue Providence, RI 02905 Transmittal Number: X240509 Date of Issuance: August 16, 2012, revised May 22, 2014 Expiration date: August 16, 2017 THIS SERVICE CONTRACT WILL BE VALID AND BINDING WHEN OWNER AND O&M PROVIDER HAVE SIGNED IN THE APPROPRIATE PLACES BELOW. All Cape Environmental Inc. (Full Legal Name of Owner) (Full Legal Name of O&M Provider) By: (Authorized Signature) (Authorized Signature) As As: Manaaer (Title of Person Signing) (Title of Person Signing) Date: Date: Site Address: 35 Hawks Wing Road Yarmouth MA s 3 . ::,��.,.�:.. ,�. `l.< `� I( a�e nvironmenta� Secvices Irtc. �o eax�35 Yarmt�c�th Port Ma. 02675-0235 �.�Il��r��r�r��€�ii��.�t�rr� � ._m�..� � �k.�.� «�..,.a .»��....��. �.�_..� ,�..,.�.,.. ...,..., ...�..� ._._ yum� : .,.,ri.��.t ;+�64 Cvlle�ta"on Ca�ts In addition, ACE shall be entitled to r�cc�ver �t�act�a( and reasQnabie�costs incurredW in cc�llecting any suc� av�rdue amounts, i�cludi�g reasonab�e attorney'�fees and co�rt costs. SCHEDULE lE—�T E TER S AhtD C �IL3 U S M4T _ ENTIt��ED k�t3YE The fol[owing dc�cuments are to be made part Qf this ntract + RRt� �It3 L USE ARPRQVAL FtEP�E AL Pu u�nt to TitEe 5, 310 C R iS.pQD �#ae�e and Address vf Appli nt: S�egmund Environmer�ta[ i�e�, Inc. 49 Paval�on Avenue P viden , 1RI 02905 Tr�r�smi 1 Nur� r. X24Q509 da of Issuan : Aa� ust i+�, 2012� re�vis� ay 22, 2014 Expirationi date: Augt�st iG, 2017 THTS SElt�IC� C� CT ILL BE VALI ANL} IMDI H!E t�► E AND O& C1VI[�Eit 'YE STGNEt?I THE APPRQP P CES BELOW. �� , � � �� f , ��i�--�c��<="� � �� i ��-i�-- A[I_�at�e �nvironrnent�nc. �� {Fult Legal P3arrre of f�wner} ---�—�------�� —�.— (F�E1 t�eqal i�ame of Pr �der) � �,,-�� '—.' ` �� '� � � i ,� � By f��.;' ��: � �-,�� ;�"�� i�'�L �; � � (Authorized Signature) �' � � {Au�ur�z igna re � � � � � Z15: �''4'�'`�t�i� �� S: (`✓r�ttc� �!' °�� a��, � (T`�tle of Perstrn Signing� (Tifie t�f Per ' �" �� ,� � . �� Date:_ C�;�, �_:,:�t_ �� Date: �lrt,tra�'/�' �� Site Address; 35 Hawks Wing Road Yarrno�th N1A �` {� (( {(�_ r�. ! ,/t--�I�\3�C�4 j ��L �.J'1.,,.��\.�� +�Y, ��1...��'�� J A �c �`'�-�� "\..� S