Site Drainage Overview Template

Site Drainage Overview Template

This Site Drainage Overview ("Overview") is entered into effective as of by and between Client Name: and Contractor Name: .

WHEREAS

WHEREAS, Client owns or controls the real property located at (the "Site") and requires an overview of existing surface and subsurface drainage conditions; and

WHEREAS, Contractor is qualified to observe, assess, and recommend mitigation measures for stormwater conveyance, infiltration, grading, and erosion controls, and will prepare non-permitted overview documentation in accordance with the terms set forth herein; and

WHEREAS, the parties desire to set forth their respective obligations, scope, schedule and payment for the Overview in this Agreement.

1. Scope of Work

Contractor shall perform a site drainage overview including field observation, photographic documentation, record review, and a concise written summary of findings and recommendations. The Overview expressly excludes preparation of permit-ready construction drawings unless separately contracted.

Included deliverables (check all that apply):

Site assessment and photographic log
Conceptual grading and conveyance recommendations
Infiltration / detention recommendations
Written summary report with prioritized actions

2. Payment Terms

Client shall pay Contractor the fees described below in exchange for performance of the Scope of Work.

All sums payable under this Overview are exclusive of applicable taxes. Contractor shall submit invoices that itemize work performed. Client shall notify Contractor of any disputed invoice item within ten (10) days of receipt; undisputed portions remain payable.

3. Term and Termination

This Overview commences on and, unless earlier terminated as provided below, expires on .

Either party may terminate this Overview for convenience upon giving written notice of to the other party. Either party may terminate for material breach if the breaching party fails to cure within thirty (30) days following written notice of such breach.

4. Confidentiality

Each party acknowledges that it may receive Confidential Information of the other party. "Confidential Information" means non-public business, technical or financial information disclosed in connection with this Overview that is marked confidential or that a reasonable person would understand to be confidential.

The receiving party shall (a) maintain Confidential Information in confidence using at least the same degree of care it uses to protect its own confidential information but no less than reasonable care; (b) use Confidential Information solely to perform its obligations under this Overview; and (c) not disclose Confidential Information to any third party except to those employees, consultants or subcontractors who have a need to know and are bound by confidentiality obligations no less restrictive than those herein. Confidential Information does not include information that is or becomes publicly known through no wrongful act of the receiving party, was already rightfully in the receiving party's possession, or is required to be disclosed by law or court order.

Attachments and materials designated confidential:

Site map
Topographic survey
Soil or geotechnical report

5. Limitation of Liability

Contractor's liability for claims arising out of or related to this Overview shall be limited to direct damages not to exceed the total fees paid to Contractor under this Overview. Neither party shall be liable for consequential, incidental, special, or punitive damages, except for liability arising from willful misconduct or gross negligence.

6. Governing Law

This Overview shall be governed by and construed in accordance with the laws of the State of , without regard to conflicts of law principles.

7. Entire Agreement

This Overview, together with any attachments or exhibits expressly incorporated herein, constitutes the entire agreement between the parties with respect to the subject matter and supersedes all prior and contemporaneous agreements and understandings, whether written or oral. Any modification must be in writing and signed by both parties.

8. Representations and Acknowledgments

Each party represents that it has the authority to enter into this Overview, that the information provided to the other party is complete to the best of its knowledge, and that the Overview is not a construction contract and does not relieve any contractor of obligations to obtain permits or comply with applicable codes and regulations.

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