Environmental Erosion Control Plan

ENVIRONMENTAL EROSION CONTROL PLAN AND SERVICES AGREEMENT

This Environmental Erosion Control Plan and Services Agreement (the Agreement) is entered into by and between Client Name: and Contractor Name: .

WHEREAS

WHEREAS, Client proposes to undertake construction or land-disturbing activities at the project site described below that have potential to cause soil erosion, sediment transport, or adverse impacts to adjacent water courses and property; and

WHEREAS, Contractor represents that it is qualified to prepare, implement, inspect, and maintain an environmental erosion control plan and associated best management practices (BMPs) designed to prevent off-site sedimentation and control stormwater runoff for the Project; and

WHEREAS, the parties desire to set forth the scope, schedule, compensation, and regulatory compliance responsibilities for the implementation and monitoring of the erosion control measures described herein.

PROJECT IDENTIFICATION

SCOPE OF WORK

Contractor shall prepare and implement the Erosion Control Plan for the Project and shall perform all services necessary to install, inspect, maintain, and adjust BMPs to prevent sedimentation and manage stormwater consistent with the terms below. The Plan shall identify structural and non-structural controls, a schedule for installation and maintenance, and an inspection and reporting protocol.

BEST MANAGEMENT PRACTICES (BMPS)

The following BMPs are proposed for initial implementation. Contractor shall select sizes, materials, and placement to meet site conditions and shall modify BMPs as required by inspection or permit conditions.

INSPECTION, MAINTENANCE, AND MONITORING

Contractor shall perform regular inspections and maintenance of all BMPs. Inspections shall be conducted at minimum frequencies stated below and following any storm event exceeding the threshold specified.

PERMIT COMPLIANCE AND REPORTING

Contractor shall design, install, and maintain BMPs consistent with any permit conditions applicable to the Project. Contractor shall prepare and submit monitoring or inspection reports to Client according to the schedule below and shall retain records for the period required by applicable permit or regulatory guidance.

PAYMENT TERMS

Client shall pay Contractor for services performed under this Agreement in accordance with the following terms.

TERM AND TERMINATION

This Agreement commences on the Start Date and continues until completion of the Work or the End Date unless earlier terminated pursuant to this Section.

Either party may terminate this Agreement for material breach if the breaching party fails to cure such breach within the notice period specified above. Upon termination, Client shall pay Contractor for all services rendered and materials installed to the date of termination and for unavoidable close-out costs.

CONFIDENTIALITY

Each party shall keep confidential and shall not disclose to any third party any technical, financial, or business information received from the other party in connection with this Agreement, except as required to perform its obligations hereunder, as required by law, or to comply with permit or regulatory requirements. Confidential information does not include information that is or becomes publicly available through no fault of the receiving party.

INDEMNITY AND LIABILITY

Contractor shall perform services in a professional manner. Contractor agrees to indemnify and hold harmless Client from claims, liabilities, damages, and expenses resulting from Contractor’s negligent acts or omissions in the performance of the Work. Client shall indemnify Contractor for liabilities arising from Client-supplied information or conditions beyond Contractor’s reasonable control. Neither party shall be liable for consequential or punitive damages absent willful misconduct.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of , without regard to its conflict of laws principles.

ENTIRE AGREEMENT

This Agreement, including all attachments and incorporated plans, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings, whether written or oral. No amendment to this Agreement shall be effective unless in writing and signed by authorized representatives of both parties.

CERTIFICATIONS

By signing below, Contractor certifies that the BMPs and practices described in this Plan will be implemented in a good and workmanlike manner, that materials specified will conform to recognized standards, and that inspection records and reports will be maintained in accordance with the reporting schedule above. Client acknowledges responsibility to provide access and to notify Contractor of site activities that may affect erosion control measures.

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