HomeMy WebLinkAboutO & M Agreement REC VED
ATTACHMENT 1 DEC 12 2022
OPERATION AND MAINTENANCE HEALTH DEPT.
SCOPE OF SERVICES
The following is a summary of the scope of services to be provided by Aquapoint.3 LLC for the benefit of the Bioclere®
Treatment System owner:
The treatment system shall be operated by a Certified Wastewater Plant Operator in accordance with the requirements of 257
CMR 2.00 and the Board of Certification of Operators of Wastewater Treatment Plants. The treatment system shall also be
operated in accordance with the conditions imposed by the Massachusetts Department of Environmental Protection under 310
CMR 15.000 Title 5 of the Massachusetts State Environmental Code for provision use and with the local Board of Health.
Reporting of test analyses will be done in conformance with applicable state and local regulations as stated on the permit for
the use of the system.
EQUIPMENT MAINTENANCE
1. Within the design capacity and capability of the equipment,maintain the Bioclere®for the benefit of CLIENT.
2. Certify and document all maintenance for the Bioclere®. Maintenance reports will be provided on a bi-annual basis
or by request of the CLIENT.
3. Certify and document all repairs to the equipment.
4. Perform other services that are incidental to the services specified here including facilitating emergency repairs in the
most expeditious and cost-effective manner at an additional cost as requested by CLIENT.
5. Pump maintenance to be performed in accordance with manufacturer's specifications by subcontractor and invoiced
by them directly to CLIENT.
6. Check grease trap and septic tank.
BIOCLERE®MAINTENANCE
A. Standard maintenance as follows:
1. Check general condition/appearance of unit.
2. Check vent flow,odor.
3. Check general condition of fan box including internal and external wiring,lock,latch,gaskets,etc.
4. Check quiet fan operation.
5. Check condition of cover locks,latches,gaskets.
6. Check and characterize biomass.
7. Check recycle pump operation,timing,amperage and effluent clarity.
8. Check dosing pumps operation,timing,amperage,effluent clarity and spray pattern.
9. Check general condition of dosing assembly. Clean nozzles if required.
10. Check general condition of control box including locks,gaskets,etc.
11. Check control box switches,alarms,timers,etc.
12. Complete and maintain service report file.
B. Maintenance frequency as follows:
1. Initial start-up visit to ensure proper system operation.
2. Four(4)required inspections and four(4)lab samples for first year.
3. Two(2)required inspections and two(2)lab samples per years thereafter.
AQ3-GENERAL PERMIT Page 3 of 6
DEC 12 2022
C. Bioclere®Sampling: HEALTH DEPT
1. Collect influent and effluent samples as specified by permit.
2. Influent sample,if required shall be analyzed for pH,BOD,TSS,TKN,ammonia and additional parameters
as specified by permit.
3. Effluent sample shall be analyzed for pH, CBOD, TSS and Total Nitrogen and additional parameters as
specified by permit.
4. All effluent samples shall be collected in appropriate containers and delivered by courier to a State-certified
laboratory for analysis.
5. All analytical results shall be compiled and submitted to both the Department of Environmental Protection
(DEP),Aquapoint,local regulatory bodies as required and the CLIENT on an acceptable form in accordance
with permit requirements.
NOTES:
1. Aquapoint.3 LLC will perform no procedures requiring confined entry.
2. Services under this contract specifically do not include or cover any responsibility for system
malfunction attributed to process design, equipment specified and/or installations as provided by
others.
3. CLIENT must provide access to all Bioclere®System components at time of O&M visits.
4. This service contract assumes permanent occupancy of the dwelling or facility. The Owner shall notify
Aquapoint.3 LLC if occupancy becomes seasonal.
5. Aquapoint.3 LLC will notify the appropriate authority of any event of electrical or mechanical failure
within the treatment system, or of any event which may adversely affect the performance of the
treatment system.
6. In the event that the system alarm is activated, or the system fails, the OWNER shall notify
Aquapoint.3 LLC who shall notify the DEP and Board of Health within 24 hours and corrective action
shall be taken immediately.
AQ3-GENERAL PERMIT Page 4 of 6
Aquapoint.3 LLC
39 Tarkiln Place, New Bedford, MA 02745
Tel. 508-985-9050/Fax 508-985-9072
STANDARD CONDITIONS FOR ENGAGEMENT
March 1,2014
Service Contract-Fixed Fee
COMPENSATION FOR SERVICE CONTRACT: Compensation for services is based upon the fee given for a project. CLIENTS are advised that
Additional Services requested beyond the scope covered by the fee proposal or change orders attached thereto will be based upon the time input according to
our current hourly fee rate schedule. Fee proposals for services are prepared to the best of our ability based on facts available at the time of submission.
TRANSPORTATION: Time spent traveling, when travel is in response to an alarm, work will be charged for in accordance with the fee schedule.
Automobile and/or truck expenses for personal or office vehicles will be charged at a rate of$0.50 per mile plus tolls and parking charges.
SUBCONTRACT SERVICES: We may engage subcontractors and/or other professionals to perform required services such as engineering consultations,
soil borings,drilling,construction,etc. That contractor's charge plus a service charge will be added to our fee.
RIGHT OF ENTRY: Unless otherwise agreed,the CLIENT authorizes right-of-entry on the land for us to perform operation and maintenance tasks,take
samples,make measurements,soil tests,or other required explorations. Access to the system will be at grade. We will take reasonable precautions to minimize
damage to the land from the use of equipment,but we have not included in our fee the cost of restoration of damage that may result from our operations. If
we are required to restore the land to its former conditions,the cost of doing so will be added to our fee.
PAYMENT: Invoices will be rendered as stated in Attachment 2—Cost of Services. The CLIENT agrees invoices are due and payable within 30 days from
the date of invoice. Amounts past due are subject to a service of 1.5%per month(18%annually). The CLIENT agrees to pay reasonable attomey's fees and
any collection agency fees incurred in the collection of any amount owed thereunder and not paid when due.NOTE:We are required to send notice to MA
D.E.P.and the local B.O.H.regarding suspended service due to non-payment.
INSURANCE: We are covered by Worker's Compensation Insurance and General Liability Insurance. We will furnish certification upon request.
OWNERSHIP OF DOCUMENTS: All documents,including original drawings, specifications, field notes,and data,are and shall remain the sole and
exclusive property of the CLIENT. The operator may,at his/her expense,obtain record prints of documents,in consideration of which the Operator will use
then solely in connection with the above described project.
USE OF DOCUMENTS: Services performed and documents prepared under this agreement shall be for the benefit of CLIENT only and may not be relied
upon by any third party(ies)unless specifically agreed to in advance.
INDEMNIFICATION: The CLIENT will agree to limit our liability for services furnished to the CLIENT to those portions of this agreement undertaken by
us and in an amount not to exceed our fee. The CLIENT agrees to require a like limitation from any contractor engaged to perform work for which we have
provided reports,plans,and/or specifications. The CLIENT shall further indemnify and hold us harmless from any liability resulting from the acts,errors or
omissions of the CLIENT or CLIENT's Agents,contractors or assigns. Such indemnification shall include the cost of defense arising in any way with claims
connected with any such liability as may arise out of Engineer's sole negligence in performance of services.
WARRANTY: Our services will be performed in accordance with generally accepted practices and professional standards. This warranty is in lieu of all
other warranties expressed or implied.
ELECTRONIC FILES: Electronic files are transmitted for informational purposes only and at the request of the CLIENT or CLIENT's agent,Aquapoint.3
LLC's official product is limited to its signed and sealed hard copy of any documents. The CLIENT agrees to hold Aquapoint.3 LLC harmless for any damages
incurred from inappropriate or illegal uses resulting from any electronic transfer of information that was requested by the CLIENT or CLIENT's agent.
TRANSFER OF PROPERTY: If ownership of the property changes,it is the responsibility of the CLIENT to notify Operator in writing. A transfer notice
is attached.
FORCE MAJEURE: Aquapoint shall have no liability for any failure to perform or for any delay in performance due to circumstances beyond its reasonable
control.
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