StormWater Drain Maintenance Form

STORMWATER DRAIN MAINTENANCE AGREEMENT

Client Name:    Client Contact:

Contractor Name:    Contractor Contact:

Property / Service Address:

Effective Date:

WHEREAS

WHEREAS, Client owns or manages the property identified above and requires routine inspection, cleaning, maintenance and limited repair of stormwater drainage infrastructure (including catch basins, curb inlets, manholes, conveyance channels and associated piping) to prevent blockages, erosion, and noncompliance with applicable stormwater performance standards; and

WHEREAS, Contractor represents that it has the personnel, equipment, experience and insurance necessary to perform stormwater drain maintenance work in a skilled and workmanlike manner in accordance with the terms of this Agreement; and

WHEREAS, the parties desire to set forth their respective duties, schedule, compensation and other material terms governing the maintenance services to be provided at the Service Address.

SCOPE OF WORK

Standard services to include, at a minimum, the items checked and any additional work described in the Detailed Description:

Inspection and reporting of drainage structures    Debris and trash removal    Sediment removal

Hydro-jetting/pipe cleaning    CCTV inspection    Minor repairs to grates/frames

Equipment to be used:

SERVICE FREQUENCY AND SCHEDULE

Monthly    Quarterly    Semi-annual    Annual    After storms / as-needed

PAYMENT TERMS

Late Payment Fee:   or Flat Fee:

TERM AND TERMINATION

Term Commencement:   Term Expiration:

Termination for Cause: Either party may terminate immediately upon written notice if the other party materially breaches this Agreement and fails to cure within days after receipt of written notice specifying the breach.

CONFIDENTIALITY

Each party shall hold in confidence and not disclose to any third party non-public information provided by the other party in connection with performance under this Agreement. Confidential information does not include information already known to the recipient, in the public domain through no fault of the recipient, or required to be disclosed by law; however, the party required to disclose shall, where lawful, provide prompt notice to the other party to permit protective measures. This obligation survives termination of this Agreement for a period of three (3) years.

INSURANCE, COMPLIANCE AND PERMITS

Contractor shall maintain commercial general liability and automobile liability insurance and, where applicable, pollution/legal liability and worker's compensation coverage sufficient to cover the operations under this Agreement. Contractor shall furnish proof of insurance upon request and shall comply with all applicable laws, permits and stormwater discharge requirements. Responsibility for obtaining any required permits shall be:

RECORDKEEPING

Contractor will maintain a log of inspections, maintenance actions taken, volumes removed and photographs when applicable. Copies of monthly/incident reports shall be provided to Client within days following site service.

GOVERNING LAW

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

ENTIRE AGREEMENT

This Agreement, including any attachments, schedules and written change orders executed by both parties, 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 shall be effective unless in writing and signed by both parties.

CERTIFICATION & REPRESENTATIONS

Contractor certifies that all work performed under this Agreement will be done in a professional, workmanlike manner consistent with industry standards and in compliance with all applicable environmental and safety regulations. Client represents that it has authority to grant access to the Service Address and to authorize the maintenance work described herein.

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