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  • On-Site Wastewater Treatment Design Agreement

    On-Site Wastewater Treatment Design Agreement

  • SEPTIC & EXCAVATING

  • Wieser Septic & Excavating A Division of Jake Wieser Construction, Inc.

    7750 T.T. Road, Houston, MN 55943

    507-895-8213 Office

    Email; Holly@Wieserseptic.com

    www.wieserseptic.com

    Business License# L2929

    Len Wieser Jr Cert # C8215

  • ON-SITE WASTEWATER TREATMENT SYSTEM DESIGN AGREEMENT

  • THIS AGREEMENT (the "Agreement") is made and entered into this date, 

  •  - -
  • by and between: 

  • and Wieser Septic & Excavating, (A Division of Jake Wieser Construction, Inc) a Minnesota corporation ("Designer") for the following On-Site Wastewater Treatment System ("OWTS") located at:

  • a. Designing. The Designer shall design the Customer's OWTS, which will be based on; a visual inspection of the readily accessible areas of the property/site, any existing components, if any, of any existing OWTS, soil borings/soil backhoe pit, information supplied by the Customer regarding (number of bedrooms, bathrooms, presence of garbage deposal and or dishwasher, and any existing OWTS info if any and anything else the Customer may have regarding such Components to be designed include the following: (1) Septic Tanks (tanks) sizes; (2) Drain fields/Treatment area and (3) Pump/lift station if applies ("The Design" The Design begins only after the previous info is received.

    i.Winter Design. The Design requires soil borings to be taken. If the ground conditions do not permit reasonable boring, the Design will not be finalized until the Designer is able to perform the required boring and soils portion of the design.

    b.Consultation with Designer. The Designer shall inform Customer of any unique problems and recognized potential hazards of the OWTS that Designer finds during the Design. If compromised or damaged conditions are found, the Designer will consult with Customer to understand the problem and make recommendations for possible options.

    c.Issuance of Report. Upon completion of Design, Designer shall issue a Design Report on the OWTS, which contains the evaluation of the OWTS (the "Design Report" The Design Report is based on a visual inspection of the readily accessible areas of the property/site, any existing components, if any, of any existing OWTS, soil borings/soil pit, information supplied by the Customer regarding (number of bedrooms, bathrooms, presence of garbage deposal and or dishwasher, and any existing OWTS info if any and anything else the Customer may have regarding such

    2.CUSTOMER'S DUTIES AND RESPONSIBILITIES

    a.Customer agrees to provide the following to Designer:

    i. Payment for the design fee upon signing of this agreement; ii.access to the Property and OWTS to be Designed; iii. Information regarding number of bedrooms and number of bathrooms; iv. Information regarding if a garbage disposal and or a dishwasher will be or is present in the building; V. Any information about any existing OWTS if any; vi. Any information regarding any high-water usage or fixtures that us a lot of water. vii. Anything else that would be helpful that has not been mentioned. viii. a safe work environment; ix. reasonable safety precautions to protect against personal injury, death, and property damage.

    b.Notice of Defects. The Customer shall provide prompt notice to the Designer if he or she observes or otherwise is aware of any defect in the operation or any existing fault or default in any existing OWTS, if any, prior to Design. The Customer should ask owner of the Property about any prior repairs that have been made to any existing OWTS, if any, prior to the Design. Customer shall provide to Designer any maintenance, service or inspection records in Customer's possession which reflect past services and repair on any existing OWTS, if any.

    c.Hazardous Materials or Conditions. If Hazardous Conditions are encountered by Designer during the course of Designer's work, the discovery of such materials shall constitute an event beyond Designer's control and Designer shall have no obligation to further perform the service in the area where the Hazardous Conditions exist until the area has been made safe by Customer as certified in writing by a qualified independent testing agency, and Customer shall pay expenses as determined by Designer. The Customer shall indemnify and hold Designer harmless for any damages resulting from the exposure of Designer and its workers to Hazardous Conditions, including damages for bodily injury and/or Property damage, any consequential or indirect damages, and any attorneys' fees and expert costs incurred in connection with any such event, whether or not Customer pre-notifies Designer of the existence of Hazardous Conditions.

  • d.Authorized Representative. The Customer may designate a representative authorized to act on the Customer's behalf with respect to the Design of the OWTS. The Customer, or such authorized representative, shall discuss with Designer any issues that may arise during the Design, and render decisionsin a timely manner pertaining to any issues posed by Designer.

    3.COMPENSATION. The Customer shall compensate the Designer as follows:

    a.Payment for Designing of the OWTS. Customer shall pay design a fee in the amount of $775.00 ($525.00 for Soil Verification/Backhoe 3# plus $250.00 for the design, plans and for filling out the management plan and County Septic paper work) for the base price of the Design of the OWTS ("Design Fee"), If the OWTS is required to be any type of pretreatment system, the customer shall pay an additional $1,350.00 min. ("Design Fee" All fees must be paid upon signing this agreement and prior to scheduling, starting and issuing design. (If payment for the design is paid by credit or debit card an administration fee of 4.5% will be added to the total amount

    b.Payment for Locating the Existing OWTS or Additional Sewer Location Options. In addition to the above fee, Customer agrees to pay Designer the sum of $98.00/ per hour/ per man to locate any existing OWTS, if any, ("Location Fee") or if they would like to explore multiple locations as to where the new OWTS could be installed. If any exploratory excavation is needed above and beyond the normal three soil borings/pits the Customer will be chargean additional $115.00 an hour for such excavation.

    c. Payment for pumping any existing OWTS, if any, if needed. Pumping of any existing OWTS if any may be required to inspect any existing tanks, etc. for design purpose and Customer agrees to contract Designer and or Pumper to pump the existing OWTS, if any, the price for pumping, if needed, shall be what ever the Pumpers customary fees are plus a 20% margin (cost divided by .8 = total with margin), which may vary from approx. $165.00 - $295.00 plus, depending on the size and quantities of tanks, etc. ("Pumping Fee" Contractor shall provide Customer with an invoice(s) for services provided, listing the Designing Fees and Pumping Fee (if needed), and if applicable, Location Fee (the "Invoice") and Customer shall pay the amount listed in the main Invoice upon signing of this agreement and for any extras, if needed, within five (5) days of receipt of the Invoice, unless it is otherwise agreed that the Invoice be paid directly by a closing company as part of a transaction including the transfer of Real Estate.

    d. Nonpayment Remedies. Failure by Customer to make payments to the Designer in accordance with this Design Agreement shall be a default of this Agreement. Should Customer fail to make the required payments to Designer upon seven (7) days notice of the default, Designer shall have the right, in addition to all other remedies available at law and equity to terminate this Agreement. In the event of non-payment by the Customer, interest will accrue on any unpaid amounts at a rate of one and one-half percent (1.5%) per month (or the highest amount allowed by law, whichever is less), and Customer shall be required to pay a $50.00 administrative late fee, and all attorneys' fees, in effort to collect the debt. If Customer defaults in any manner under the terms of this Agreement, Designer will have the right to (1) withhold services, including issuance of the Design Report, (2) terminate this Agreement in accordance with this paragraph, (3) retain all deposits, fees and payments Customer has made, if any, (4) place liens upon Customer's Property for payment of any other amounts owed, and (5) foreclose any liens placed on the Property if the amounts due, including costs and interest, are not paid in full. The remedies contained in this provision may be used concurrently and are in addition to any other remedy which may be available to Designer at law or equity.

    4. INSURANCE, INDEMNIFICATION AND LIMITATION OF WARRANTIES

    a. Designer's Insurance. Designer shall maintain general liability insurance in a commercially reasonable amount. Customer warrants and represents to Designer and shall provide evidence of such to Designer upon request, that Customer currently maintains and will maintain for the duration of this Design Agreement a policy of property insurance containing coverage for property damage and liability claims.

    b. Waiver regarding injury and damages. Customer waives all claims against Designer, and agrees to indemnify, defend and hold harmless Designer, for injuries or damages that Customer or any of Customer's family or invitees may suffer while on or around the Property during the Design.

    c. Indemnity by Customer. Customer acknowledges and agrees that Designer is serving only to Design the OWTS. Customer agrees to indemnify and hold Designer harmless with regard to any claims, costs, obligations or liabilities, which are incurred by Designer with relation to performance of the Design by contractor or any subcontractors.

    d. No Warranty. Neither the Designer nor the Design Report is a warranty expressed or implied, regarding the adequacy, performance, or condition of any designed structure, system or item. Customer acknowledges that condition of any designed structure, system or item, is subject to change after Design has occurred. The Design and Design Report are not intended to reflect the value of the Property, or to make any representations as to the advisability or inadvisability of purchase or suitability of use. The Design and Design Report are only intended to express the opinion of the Designer or its agent, based on a visible Inspection of accessible portions of structure, systems and items, or existing conditions, a visual inspection of the readily accessible areas of the property/site, any existing components, if any, of any existing OWTS, soil borings/soil backhoe pit, information supplied by the Customer regarding (number of bedrooms, bathrooms, presence of garbage deposal and or dishwasher, and any existing OWTS info if any and anything else the Customer may have regarding such), at the time of Design.

  • e.Reliance. The Design and Design Report are prepared for the sole, confidential and exclusive use and possession of the Customer only. Neither the Design Report, the contents of this Agreement or any representation made herein are assignable or transferrable without the express written permission of Designer.

    5.LIMITATION OF LIABILITIES. Customer understands and agrees the Designer is not an insurer, that the payment for the subject Design is based solely on the value of the service provided. Customer also agrees that any claim of failure in the accuracy of the Design Report shall be reported to the Designer within five calendar days of discovery and that failure to notify the Designer within that time period shall constitute a waiver of any and all claims. The Designer shall have five calendar days to respond to the claim. If the Designer fails to satisfy the claim, liability shall be limited to arefundof the fees paid. IN NO EVENT SHALL DESIGNER BE LIABLE FOR ANY DAMAGE, LOSS, INJURY, OR ANY OTHER CLAIM ARISING FROM

    ANY SERVICING, ALTERATIONS, MODIFICATIONS, CHANGES, OR MOVEMENTS OF THE OWTS OR ANY OF ITS COMPONENT PARTS BY CUSTOMER OR ANY THIRD PARTY. DESIGNER SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO DAMAGES ARISING FROM THE USE, LOSS OF THE USE, PERFORMANCE, OR FAILURE OF THE OWTS TO PERFORM.

    6.PRE-LIEN NOTICE TO CUSTOMER.

    ANY PERSON OR COMPANY SUPPLYING LABOR OR MATERIALS FOR THIS (A) IMPROVEMENT TO YOUR PROPERTY MAY FILE A LIEN AGAINST YOUR PROPERTY IF THAT PERSON OR COMPANY IS NOT PAID FOR THE CONTRIBUTIONS. (B)UNDER MINNESOTA LAW, YOU HAVE THE RIGHT TO PAY PERSONS WHO SUPPLIED LABOR OR MATERIALS FOR THIS IMPROVEMENT DIRECTLY AND DEDUCT THIS AMOUNT FROM OUR CONTRACT PRICE, OR WITHHOLD THE AMOUNTS DUE THEM FROM US UNTIL 120 DAYS AFTER COMPLETION OF THE IMPROVEMENT UNLESS WE GIVE YOU A LIEN WAIVER SIGNED BY PERSONS WHO SUPPLIED ANY LABOR OR MATERIAL FOR THE IMPROVEMENT AND WHO GAVE YOU TIMELY NOTICE.

    7.CONFIDENTIALITY. The written Design Report to be prepared by the Designer shall be considered the final and exclusive findings of the Designer regarding the Design. The Design Report to be prepared for the Customer is solely and exclusively for the Customer's own information and may not be relied upon by any other person. Customer agrees to maintain the confidentiality of the Design Report and agrees not to disclose any part of it to any other person. Customer may distribute copies of the Design Report to the seller and real estate agents, or installers bidding the installation directly involved in this transaction, if applicable.

    8.MISCELLANOUS. This Agreement shall be governed by the laws of the State of Minnesota and any proceedings shall be venued in Houston County, Minnesota. This Agreement represents the entire Agreement between Customer and Designer, and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument, signed by both Customer and Designer. This Agreement no way represents a joint venture or partnership between the Designer and the Customer. In the event Designer is required to incur costs or attorney's fees to enforce this Agreements terms, such amounts will be added to amounts owed by Customer to Designer under this Agreement.

    THIS IS A LEGALLY BINDING DOCUMENT. THE PARTIES ACKNOWLEDGE AND AGREE THAT THEY HAVE READ THIS DOCUMENT CAREFULLY AND UNDERSTAND IT PRIOR TO SIGNING IT. THE PARTIES HAVE BEEN ADVISED TO CONSULT THEIR RESPECTIVE ATTORNEYS PRIOR TO SIGNING THE DOCUMENT IF THEY HAVE ANY QUESTIONS.

    The undersigned have read this Agreement and understand and agree to all of its terms and conditions.

    Wieser Septic & Excavating A Division of:

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  • JAKE WIESER CONSTRUCTION, INC.

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