Site SWPPP Document

SITE STORMWATER POLLUTION PREVENTION PLAN (SWPPP) AGREEMENT

Parties and Project Identification

Client Name:

Consultant Name:

WHEREAS

WHEREAS, Client is undertaking construction or land-disturbing activities at the Project Site described above and requires preparation, implementation and oversight of a Site Stormwater Pollution Prevention Plan (SWPPP) to prevent sediment and pollutant discharge to waters of the state and to comply with applicable stormwater permits and regulations; and

WHEREAS, Consultant is duly qualified and experienced in preparing SWPPPs, designing and specifying best management practices (BMPs), conducting inspections, and providing training and reporting necessary to achieve compliance with permit requirements and minimize off-site sediment and pollutant transport; and

WHEREAS, Client desires to retain Consultant, and Consultant agrees to perform services in accordance with the terms and conditions set forth in this Agreement.

Scope of Work

Consultant shall prepare, implement, and maintain a SWPPP for the Project Site. Services shall include, but are not limited to, the tasks described below and as further detailed in the attached scope:

Site map and topography identified
BMP layout and installation specifications
Inspection and maintenance protocol
Worker training documentation and certification
Permit coordination and submittal support

Site Description and Controls

Inspection, Maintenance and Recordkeeping

Inspection Frequency:

Payment Terms

Total Fee Amount: $

Late Payment Fee:

Term and Termination

Agreement Commencement Date:

Anticipated Completion Date:

Either party may terminate this Agreement for convenience upon days' prior written notice. Termination for cause may be immediate if the non‑defaulting party provides written notice of material breach and the breach remains uncured after days.

Confidentiality

Each party shall maintain the confidentiality of non-public information received in connection with this Agreement and shall not disclose such information except as required by law or regulatory mandate. Confidential information does not include information that (i) is or becomes generally available to the public other than by breach of this Agreement, (ii) is already known to the receiving party without restriction prior to disclosure, or (iii) is obtained from a third party without restriction. Confidentiality obligations survive termination for a period of three years unless otherwise required by law.

Reporting, Compliance and Certifications

Consultant shall prepare and submit inspection reports, noncompliance notices, and corrective action documentation as required by applicable permits. Consultant's preparation of reports is limited to observations and documentation of site conditions and implementation of BMPs; Consultant does not warrant permit approval.

Liability, Indemnity and Insurance

Consultant shall perform services in a professional manner consistent with industry standards. To the extent permitted by law, Client shall indemnify and hold Consultant harmless from claims arising from Client's failure to implement or maintain BMPs as specified in the SWPPP or from Client's acts or omissions. Consultant shall maintain commercial general liability and professional liability insurance in amounts customary for the services provided and shall provide certificates upon reasonable request.

Governing Law

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

Entire Agreement

This Agreement, together with any attachments and scopes incorporated by reference, constitutes the entire agreement between the parties regarding the SWPPP services and supersedes all prior negotiations, representations, or agreements, whether written or oral. Modifications must be in writing and signed by both parties.

Acknowledgment and Certification

The undersigned certify that they are authorized representatives of their respective parties and that the information provided in this Agreement and in attached SWPPP documents is true and accurate to the best of their knowledge. The undersigned acknowledge responsibility to implement, maintain and periodically update the SWPPP in accordance with permit obligations and applicable law.

I certify under penalty of perjury that the information in the SWPPP and attachments is true and correct and that I am authorized to bind the party I represent.

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