Environmental Wetland Document

ENVIRONMENTAL WETLAND DOCUMENT

Parties and Project Identification

Client Name:

Consultant Name:

Recitals

WHEREAS, Client is the owner or authorized representative of the property identified above and desires assessment, delineation, and related professional services concerning the presence, extent, and regulatory status of wetlands and waters on or adjacent to the Site; and

WHEREAS, Consultant possesses the specialized qualifications, certifications, and experience to perform wetland delineation, prepare mitigation and monitoring plans, and to assist Client in obtaining required permits and regulatory approvals; and

WHEREAS, the parties desire to set forth the scope, payment terms, schedule, certification, confidentiality, and other material terms governing Consultant's performance with respect to wetland-related services on the Site.

Scope of Work

Consultant will perform the services described below in a professional manner consistent with prevailing industry standards in the wetland delineation and permitting field. Services shall include, but are not limited to:

Site Findings (Preliminary)

Wetland present on Site: Jurisdictional wetland subject to regulation:

Payment Terms

Client shall pay Consultant for all services performed in accordance with the following terms.

Late Payment: Unpaid amounts shall accrue interest at the rate of starting 30 days after invoice date. Client shall also be responsible for reasonable collection costs and attorney's fees incurred to collect overdue sums.

Term and Termination

Effective Date: . Anticipated Completion Date:

Either party may terminate this Agreement for any material breach by the other party that remains uncured for days after written notice. Upon termination Consultant shall be paid for all services performed and reimbursable expenses incurred through the effective date of termination, together with reasonable costs of demobilization if applicable.

Confidentiality

Consultant and Client each agree to hold in confidence and not to disclose to third parties any nonpublic information concerning the other party's business, technical data, or site-specific environmental data obtained in the course of performing this Agreement, except: (a) as required by law or regulation, (b) to consultants or contractors engaged in performance of this Agreement who are bound by substantially similar confidentiality obligations, or (c) upon the express written consent of the disclosing party. Any compelled disclosure shall be preceded by prompt written notice to the other party when permitted by law.

Client acknowledges that Consultant may be required to make factual disclosures contained in technical reports to regulatory authorities and that such disclosures do not constitute a breach of this confidentiality provision.

Certifications and Representations

Consultant represents that the wetland delineation and professional judgments rendered under this Agreement will be performed by qualified personnel in accordance with accepted professional standards. Client represents it has authority to authorize the work at the Site and will disclose any known site constraints, easements, or prior environmental conditions that may affect work performance.

Deliverables and Schedule

Indemnity and Limitation of Liability

Each party shall indemnify and hold harmless the other from claims, liabilities, losses, and expenses arising from the indemnifying party's negligent acts or willful misconduct in the performance of this Agreement. Consultant's total liability for any claim arising from or related to the services performed under this Agreement shall not exceed the total fees paid to Consultant for the services that give rise to the claim, except for liability resulting from gross negligence or 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. Venue for any dispute arising hereunder shall be the state or federal courts located within that state.

Entire Agreement

This Agreement, including any exhibits and attachments expressly incorporated by reference, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements, understandings, negotiations, and discussions, whether oral or written. No amendment or modification shall be binding unless in writing and signed by authorized representatives of both parties.

Attachments and Additional Provisions

Additional provisions, if any, are set forth in Attachment A and become part of this Agreement. Any conflict between attachments and the body of this Agreement shall be resolved in favor of the body of this Agreement unless otherwise explicitly stated.

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