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HomeMy WebLinkAboutAUTH-02-2022-166417.TIF STATE OF NORTH CAROLINA COUNTY of Catawba CONTRACT FOR INSPECTIONS OF ON-SITE WASTEWATER SYSTEMS TYPE N, NI, IV and V This Contract is entered into this 23rd day of January 2023 by and between TCW Wastewater Management, Inc.. a North Carolina Corporation of Mecklenburg County North Carolina(hereinafter "TCW")and Michael and Nicole Townsend Preamble TCW is contracting with The Owner to provide inspection services as described on Attachment A for the fees or charges also shown in Attachment A The Owner owns or controls the property upon which a ground absorption sewage treatment system ("System") is installed,such System being designated as a type II III IV or V system under the Rules for Sanitary Sewage Collection. Treatment and Disposal found at 1SA N i., Admen Code 18A 19(31.1 et seq.. and 15A N C. Admin. Code 18A.1961 requires that a condition of the Operation Permit for certain systems be that a properly executed inspection contract between the System Owner and a management entity shall be in effect for as long as the System is in use. TCW is a management entity which employees certified operators of a type authorized by 15A N.C.Admin.Code 18a.1961 to manage and inspect type II III IV. and V systems In consideration of the premises and of the mutual covenants and promises contained in this Agreement. it is hereby agreed by and between the Owner and TCW as stipulated below Conditions of the Contract A. TCW, in consideration of the payment by the Owner as set out in the schedule of services and charges in Attachment A, incorporated herein, agrees 1) To provide the services set out in Attachment A according to the minimum schedule of inspections/services required by regulations for the lots or parcels set out in Attachment B. 2) To report results of the inspections to the local environmental regulatory agency having jurisdiction as required by applicable laws ur regulations 3) If inspections indicate the need for System repairs a) to notify the local environmental regulatory agency within 48 hours. b) to give notice to the Owner of needed repairs and it the necessary repairs are outside the scope of the routine maintenance described in Attachment A. then The Owner may request TCW to provide an estimate At the authorization of The Owner TCW will perform the necessary repairs at TCW s then prevailing charges for services and materials 4) If TCW's services are terminated TCW will notify the local environmental regulatory agency within 48 hours. TCW PAGE 2 OF 6 PAGES B. The Owner, in consideration of the services performed agrees 1) To pay TCW for its services acwrdrrnq to the schedule of charges as set out in Attachment A. 2) Within 30 days of receipt of notice of repairs under A(3)above the Owner(s)must provide proof that repairs have been performed by a licensed or qualified entity and the System is functioning properly or request and authorize TCW to complete the needed repairs. 3) To notify TCW promptly of any emergency or malfunction known to it which may violate environmental, health.or other laws and regulations. and to authorize immediate repair as necessary to restore the System to proper function and operation 4) To use reasonable efforts to provide and to maintain at all times such access to the Systems as is reasonably necessary for TCW to comply with its obligations under this Agreement. C. Terms of the Agreement 1) This Agreement shall be effective for one year from the date of this contract. and will be automatically renewed from year-to-year thereafter unless written notice of termination and non- renewal is given to the other party not less than 60 days prior to the end of the then current annual contract year. 2) The real property to be serviced under this contract is listed on Attachment B 3) This Agreement automatically terminates it the Operation Permit for the system is revoked and all appeals of the revocation are exhausted or time for making an appeal has passed 4) The parties may terminate at the eon of the then current term by -.onsent of each party or by not less than 60 days written notice to the other party prior to the end of the then current contract year, and not less than 30 days written notice to the bcal environmental regulatory agency 5) This Agreement may be terminated for cause for breach which remains unremedied after 15 days written notice to the defaulting party D. Limited Warranty TCW'S SOLE DUTIES AND RESPONSIBII(TIES UNDER THIS AGREEMENT IS TO PROVIDE INSPECTION AND ROUTINE MAINTENANCE ONL Y AS SPECIFIED IN THIS AGREEMENT INSPECTIONS WILL COMPLY WITH APPI (CABLE CODES LAWS AND REGULATIONS IN FORCE AT THE TIME OF THE INSPECTION AND REPORT WORK AND MATERIALS USED IN REPAIRS ARE WARRANTED ONLY TO BE OF GOOD WORKMANSHIP FREE OF DEFECTS,AND CONFORM TO THE SYSTEMS SPECIFICATIONS AND EQUAL TO THE ORIGINAL PARTS AND EQUIPMENT. THE OWNER'S SOLE REMEDY UNDER THIS EXPRESS WARRANTY IS REPAIR OR REPLACEMENT AND CONSEQUENTIAL DAMAGE OR DAMAGES FOR DELAY ARE LIMITED TO TOTAL SUMS PAID TCW UNDER THIS AGREEMENT FOR THE PARTICULAR LOT OR PARCEL FOR THE THEN CURRENT YEAR. ALL OTHER WARRANTIES. EXPRESS OR IMPLIED. INCLUDING MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE ARE EXPRESSLY AND SPECIFICALLY EXCLUDED. REPAIRS, REPLACEMENTS,ADDITIONS AND CHANGES BY OTHERS TO THE SYSTEMS COVERED BY THIS AGREEMENT WITHOUT PRIOR NOTICE TO TCW OR ACCEPTANCE OF THE WORK BY TCW DURING THE TERM OF THIS AGREEMENT VOIDS ANY WARRANTY GRANTED HEREIN AS TO TCW. TCW PAGE 3 OF 6 PAGES E. Miscellaneous 1) Transfer of rights. responsibilities. and duties under this Agreement by any party shall be valid only on written notice and consent signed by all parties which consent shall not be unreasonably or arbitrarily withheld 2) TCW may perform its duties and responsibilities by subcontract hut TCW will remain directly liable and responsible to the Owner under the terms of this Agreement 3) Waiver of default or a breach of the Agreement by any party shall not operate nor be construed as a waiver of further or subsequent defaults or breach of this Agreement. Failure to take action in any default or breach does not bear action on such default at airy time subsequent to such breach or default. 4) This Agreement constitutes the entire agreement of the parties incorporating. and superseding all prior representations and negotiations and may not be changed or amended except in writing signed by the parties The Agreement shall be interpreted under North Carolina law. Any part of the Agreement declared void. illegal or unenforceable will not affect other provisions of the Agreement. 5) Disputes arising under this Agreement shall be determined by airy method of Alternative Dispute Resolution the parties choose including but not limited to. mediation or arbitration.under the Uniform Arbitration Act of North Carolina or its equivalent.or such means or methods as the parties agree to in writing. 6) Notices are deemed delivered if delivered in person,by certified or registered mail:by courier;or delivery service. if properly receipted charges and postage prepaid as follows Owner: Mr. & Mrs. Michael Townsend 3195 Timber Run Ln Maiden, NC 28650 Operator TCW Wastewater Management Inc 5600 Lakeview Rd Charlotte. NC 28269 Environmental Regulatory Agency Catawba County Health Dept P.O Box 389 Newton, NC 28658 A party may change its address my giving notice in the manner provided above IcW PAGE 4 OF 6 PAGES Each party has executed this Agreement with kill power authority and legal right to enter into, to bind itself to the rights,duties and responsibilities under this Agreement. which is binding on the uarties.their successors and assigns, heirs and personal representatives. on the date first above written WITNESS: OWNER soldee Clome 414...r.-Ti.u°e4L TCW Wastewater Management, Inc. • BY —LLbfi) TCW PAGE 5 OF 6 PAGES EXHIBIT A TYPE II, Ill, IV MONITORING & INSPECTION PLAN 1. COST: INITIAL CONTRACT YEAR: $ 350.00 (2 inspections) N/A (0 required lab) 350.00 Total Initial Year RENEWAL YEARS: $ TBD (2 inspections) N/A (0 required lab) TBD Total Renewal Years a. The Owner shall pay to TCW the aforementioned sums for each parcel listed on Attachment B. The initial annual fees are payable upon the execution of the contract. Annual billings will be made thereafter and payable within 30 days of billing. The annual billings will be made on the anniversary dates. The annual renewal fees may increase no more than 5% per year The Owner shall pay to TCW his normal and customary fees for any authorized work performed on the System as a result of non- scheduled service or maintenance calls These fees are due and payable within 30 days of billing. Payments due to TCW. and unpaid by the Owner after 30 days, shall be assessed late payment fee of 15% per month. accruing monthly on the unpaid balance. 2. PERFORMANCE DUTIES: • Inspections and services that meet state requirements. i.e . inspections of System using an itemized check list. monitoring "septic tanks" to insure proper operation. and make adjustments of imbalances to systems through the distribution devices. • Inspection report copies are sent to the environmental regulatory agency (if applicable) and homeowner • Emergency service calls at no additional charge • 24-hour availability • The Owner will be advised of any repairs needed and estimated cost or repairs Repairs will not be made without Owner authorization. • The Owner will be advised when pumping is recommended Bacteria Additive Option —Additional $60 per year: • The addition of a bacterial product into the individual septic tank as needed to maintain the proper level of bacteria. TCW PAGE 6 OF 6 PAGES EXHIBIT B 1. PHYSICAL ADDRESS OF SYSTEMS) 3195 Timber Run Ln Maiden. NC 28650 Wynswept Lot 72 b. c. d. au-H\-0a-(90aa- / Cr1T) SUBSURFACE WASTEWATER INSPECTION FORM System Manager: Date of Inspection initial 6 month _12 month TCW Wastewater Management,LLC ) Z—IZ —z6 _Follow-up Service call Other 5600 Lakeview Road,Charlotte,NC 28269 County System Type Drainfield Tele.704.776.4443 if:,` GI/1?1 ' - / On-site Off-site info@tcwwastewatercom Time: I2- I initials AAA/ - -v Name and Address•of Owner- — - -------- ,� - '- Location.of SystemLDrainfleid(off-_siiii— _— - -- , 31 _,Is ---r-c ZS6I 6) 1-61 1/L6 Mci c e. r t7 Lot# Phase Subdivision Compliance Status- ,t ----Compliant Non-Compliant Malfunctioning Copies: �omeowner �EH , Builder Owner's Association Developer •d=Satisfactory NI=Marginal X=Unsatisfactory N=Not Evaluated NA=Not Applicable Septic Tank: size: gallons 1000=53" L 1500=43"LL 2000=49"IL. Tank risers are axe [ p 1► Bonen I - Riser Type g T Height l0 • Diameter Zl�` Inlet End of Tank No odors present .- ScugkLevel Sludge Level,, There are no Infiltration problems _/ 1 Surface_ Subsurface_ C1 " rt Surface water Is being diverted away Scum plus Sludge levell. " (SST) Tanks and accesses are structurally sound " Filter End of Tank SST °J liquid Depth x too= inlet pipe at proper angle yes Can't observe S Level Slurlevel Tank Needs Pumping: yes No Inlet lee Is In good condition N/A / ° <30%=No >30%=Yes Inlet Tee is cleaned today r N/A ---'-- • • ° Eri[uantF¢lerclogging percentalt<to,ze,so,�s,rool�s /o WA� Type: Sample of total water column Effluent Biter was cleaned No— Yes N/A_ Three distinct zones: good medium•_ murky_ Effluent Filler Is In good condition N/A_ Effluent Filter Canister is In good condition •-••---_-- NIA• Effluent Filler is snapped In place / N/A_ Bacteria: Added at inspection Left with homeowner Effluent Pipe at proper angle Pulp pks Pulp, pks Water level is at proper level lo� Yes��Freebcard_ Regular pks Regular pks Effluent Dosing Station:size: gallons 1000=50"=20 GPI =52"=28 GPI 2000=59"=34 G Scup,Level Sludge Level Tank Riser isrpro erhel t (i plus ' Riser Type 1/' Haight Dfamet " Total Scum+Sludge No odors present � No infiltration Issues: Surface Subsurface �- Tank Needs Pumping: yes No_,/ (>4"yes) Required pumps are present&operating properly •-------- Amp.Draw High water alarm Is operating properly Can't Observe Filter Cleaned today No^ Yes_ N/A Floats,pipes,valves,disconnects are in good condition �mp make and model Fitter is In good condition N/A_,------- Purrs Is Malted on block or raised platform(min,8 Inches) / N/A_ Root Killer Added 1L13 2LBS__ Pump float is not resting on top of pump 7 N/A Control panel enclosure/components are in good condition Elapsed Time Readings: TCW sticker is placed on front door of Panel / Pump#1-C -P =Usage hrs Duct Seal is present M all conduit openings � sage /days =Use Per Day his Effluent appears clear / =and free of solids / Hrs x 80= min.x GPM GPD Telemetry/Dialer Is working properly ____ = N/A __ Average Aboveeverege_(>276) very , __(>350) Pressure Bell settings: Off 4",On 10"-12",Tele 10", Alarm 22" Pump#1-CC - PC Usesge Grinder Lift Station: Authorized to Inspect Not Authorized to Inspect Tank Riser Is at proper height 1 Burled / " No odors present No infiltration issues: 1 Surface_ Subsurface Required pumps are present&operating properly • High water alarm Is operating properly Can't Observe Floats,pipes,valves, disconnects are•In good condition Pump float Is not resting on top of pump — Control panel enclosure/components are in good condition — Grease Trap Section NiA size: gallons 1000=52"LL 1500=43"LL " Scum Level Tank risers are accessible 1 Buried / Inlet Outlet No odors present Thera are no Infiltration problems 1 Surface_ Subsurface - Tank Needs Pumping: yes•_•y, No— (>3"yes) Surface water Is being diverted away Tanks and accesses are structurally d _ Inlet pipeat proper angle Sample of total water column Inlet toe M In good condit Thee distinct zones: good medium murky • Inlei Tee Is Beane ay Effluent Fite gging percentage ~% Filler type Efflue ter was cleaned No Yes uent Pater Is in good condition , Effluent Filer Canister is in good condition _ Effluent Filer is snapped In place Effluent Pipe at proper angle Water level Is at proper level No� Yes_ Freeboard revise('rreuteueu • SUBSURFACE WASTEWATER INSPECTION FORM System Manager: Date of Inspection initial 6 month 12 month TCW Wastewater Management,LLC �r f Z 2-5 ^Follow-up Service calf Other 5600 Lakeview Road,Charlotte,NC 28269 County System Type Drainfield Tele.704.776.4443 ( s (,t f[1Cf ' I/ - On-site Off-site info@lcwwastz...2.Jewater.com Time: I Initials AAA) • • Name and Addrass=of Owner: ��:x- _. x---- a Location of System J Drainfieid_(off-site), m�., ,,- ^* _,. 3 , r, icvm.ber Kvt I !`r eti Z e650 Lot# Phase Subdivision Com liance Status: -� /Com lianl Non-Compliant Malfunctioning P / P / P Copies: C- Homeowner / DEH Builder Owner's Association Developer •1=Satisfactory fin=Marginal X=Unsatisfactory N=Not Evaluated NA=Not Applicable Septic Tank: size: D 01 ` gallons 1000=53"LL 1500=43"LL 20D0=49"LL Tank risers access le ad' sue" ► dunes, r " Riser Type €1 Height " Diameter " Inlet End of Tank No odors present _' Scum Level Sludge Level ' There are no Infiltration problems � 1 Surface Subsurface " D Surface water Is being diverted away ,_ 5 - Scum plus Sludge level " (SST) Tanks and accesses are structurally sound ! Filter End of Tank SST Y liquid Depth "x 100= ° Inlet pipe at proper angle yes Canj'.ebserve_ Scup�Level Sludge Level Tank Needs Pumping: yes No,�- Inlet tee Is inn good condition ..!.......„...-N/A` t __" <30%=No >30%=Yes Inlet Tee Is cleaned today N/A_ Effluent Filler dogging percenlal(io.25so,79,toe) _° N/A_ Type:�^0 r y Sample of total water column EffluentFillerwascleaned No Yes . NIA_ Three dIstinct zones: good medium murky,.-_ Effluent Filter Is In good condition N/A_ Effluent Filter Canister Is in good condition NIA• _,__. Effluent filler is snapped In place _ Bacteria: Added at inspection Left with homeowner Effluent Pipe at proper angle Pulp pks Pulp pks . Water level Is at proper level Ito,_ Yes— Freeboard Regular pks Regular pks Effluent Dosing Station:size: j CO 0 gallons 1000=50"=20 GPi -1�500=52"=28 GPI 2000=59"=34 G Scum Level Sludge Level Tank Riser is al p_mp�er 1y�e,Ightr /� " {,C1, plus i _L" Riser Type _�feT, Height w " Diameter " Total Scum+Sludge No odors present ,� No inIDlrallon issues: Surface_ Subsurface _4--- Tank Needs Pumping: yes T No (>4"yes) Required pumps are present&operating properly - Amp.Draw High water alarm Is operating properly . Can't Observe Filler Cleaned today No Yes NIA ..- Floats,pipes,valves,disconnects are In good condition l Pump make and model Filter is In good condition N/A_ Pump Is installed on block or raised platform(min.0 Inches) f N/A Root Killer Added 1 LB 2LBS_ Pump goat Is not resting on top of pump " N/A Control panel enciosure/components are In goad condition _,G". Elapsed Time Readings: TCW sticker is placed on front door of Panel l Pump t11-C -P =Usage hrs Duct Seal Is present In all conduit openings 7' Usage /days -Use Per Day hrs Effluent appears clear and free of solids Hrs x 60= min.x GPM = GPD Telemetry/Dialer is working properly N/A / Averages(<278) Aboveavorage_(>278) Very hi!._(>380) Pressure Bell settings: Off 4",On 10"-12",Tele 16",Alarm 22" Pump 41-CC - PC = "seage Grinder Lift Station: Authorized to Inspect Not Authorized to Inspect Tank Riser is at proper height 1 Burled 1 • No odors present No inf tralon issues: ► Surface_ Subsurface_ Required pumps are present&operating properly • High water alarm Is operating properly Can't Observe Floats,pipes,valves, disconnects arein good condition Pump float Is not resting on top of pump Control panel enclosure/components are in good condition Grease Trap Section NIA size: gallons 1000=52"LL 1500=43"LL Scum Level Tank risers are accessible Buried i • Inlet' " Outlet " No odors present There are no Infiltration problems ► Surface Subsurface_ Tank Needs Pumping: yes_ No (>3"yes) — Surface water Is being diverted away _ Tanks and accesses are structural .and Inlet pipe at proper angle Sample of total water column Inlet tee is In good con. - Three distinct zones: good— medium _ murky_ Inlet Tee Is cleans• ••ay Effluent Filter-•gging percentage _% Filter type Effuuen ,erwas cleaned No Yes_ E.' d Filter is to good condition ._ 'fluent Filler Canister is In good condition _ Effluent Filter is snapped in place Effluent Pipe at proper angle _ Water level is at proper level No_ Yes_ Freeboard_ revueo neauLUZU SUBSURFACE WASTEWATER INSPECTION FORM System Manager: Date of inspection _Initial 6 month 12 month 1 TCW Wastewater Management,LLC _ `/2 25 _Follow-up Service call _Other 5600 Lakeview Road,Charlotte,NC 28269 County System Type Drainfield Tale.704.776.4443 CSC j u./ ._.- n-site _ Off-site infoai lcwwastewater.com Time: initials - Name and Address of Owner: --='" ct-16, go .,..:#0,.:--w_'w x' 2: Location of System/1 ralnfleId riff-site) - _-_—--- -._--- �" S (Vr• 41e,,,refievi 2- ' 7 5 Lot# Phase Subdivision Compliance Statys: �`Complia Non-Compliant Malfunctioning -- Copies: T Homeowner - DEii Builder Owner's Association Developer -4=Satisfactory M=Marginal X=Unsatisfactory N=Not Evaluated NA=Not Applicable Septic Tank; size: 4''#' gallons 1000=53"LL 1500=43"LL 2000=49"LL Tank risers ar9loessge ,.— ' ► aunea 1 Riser Type /.4' � Height 6 " Diameter 9.0 " Inlet End of Tank No odors present _..----- Scum Level Sludge Level There are no Infiltration problems .- ► Surface ' Subsurface_ * /7 Surface water le being diverted away Scum plus Sludge level (SST) Tanks end accesses are structurally sound Filter End of Tank SST "/liquid Depth "x 100= '(a Inlet pipe at proper angle yes, ,------- Can't observe Scum Level Slud Levei Tank Needs Pumping: yes No..--fL Intel lee is In good condition NIA_ ./ �" <30%=No >30%=Yes Inlet Tee is cleaned today ,,{ N/A /� �j Effluent Filter clogging percentat(<to,2u,50,75,lee) `2-. +% N/A Type: C . r Sample of total water column Effluent Fater was cleaned No Yes ,/ WA / Three distinct zones: good medium murky Effluent Filler is In good condition /- NIA_ Effluent Filter Canister is In good condition l N/A_ Effluent Filter Is snapped In placeT.r. N _ Bacteria: Added at Inspection Left with homeowner Effluent Pipe at proper angle Pulp pks Pulp pks Water level is at proper level to Yes Freeboard Regular pks Regular. pks Effluent Dosing Station:size: 0 ii gallons 1000=50"=20 GPI 1500=52"=28 GPI 2000a59"=34 G Scum Level Sludge Level Tank Riser Is a er e)g j f © " plus __�_" Riser Type Z 7( Height " Diame�ar � 1 " Total Swm+Sludge j No odors present c�/ No infiltration Issues: Surface Subsurface___•_ c - Tank Needs Pumping: yes No (>4"yes) Required pumps are present&operating properly ( Amp.Draw High water alarm is operating properly �/ Can't Observe Filter Cleaned today No Yes N/A Floats,pipes,valves, disconnects are In good condition / Pump make and model Filter Is In good condition N/A._., Pump Is installed on block or raised platform(min.6 Inches) /- N/A Root Killer Added 1 LB_ 2LBS_ Pump float Is not resting on top of pump _� N/A^ • Control penal endosurelcomponenis are In good condition Elapsed Time Readings: T TCW slicker is placed on front door of Panel Pump#1-C -P =Usage hrs Duct Beans present In all conduit openings � Usage _1 days =Use Per Day hrs Effluent appears clear and free of solids Hrs x 60= minx GPM PO Telemetry I Dialer Is working properly N/A 1 Average (<276) Above average__(>276) =Very high 350) Pressure Bell settings: Off 4",On i0'-12°,Tale 16", Alarm 22" Pump#1-CC - PC -.sage Grinder Lift Station: Authorized to inspect Not Authorized to Inspect Tank Riser Is at proper height _ ► Burled 1 No odors present No Infiltration Issues: ) Surface_ Subsurface Required pumps are present&operating properly High water alarm Is operating properly Can't Observe Floats,pipes,valves, disconnects areln good condition — Pump float is not resting on top of pump Control panel enclosure/components are In good condition _ Grease Trap Section N/A size: gallons 1000=52"LL 1500=43"LL Scum Level Tank risers are accessible Buried / " Inlet Outlet No adore present There are no infiltration problems ) Surface Subsurface_ Tank Needs Pumping: yes No_ (>3•yes I Surface water Is being diverted away Tanks and accesses are structurally sound Sample oftotal water,column Inlet pipe at proper angle r Inlet tee Is in good condition Three distinct zones: good medium murky_ Inlet Tee Is cleaned today __ __ Effluent Filter clogging pe- tage —% Filler type Effluent Filter was cle' •d No Yes_ Effluent Filter Is I ••od condition — Effluent Fflter•• later Is In good condition _ Effluent F er is snapped in place Effie: Pipe at proper angle •-far level Is at proper level No Yes Freeboard_ rev ea rrzubduzu