Stormwater Management Plan

STORMWATER MANAGEMENT PLAN AND AGREEMENT

This Stormwater Management Plan and Agreement (the Plan) is entered into by and between Client Name: and Consultant Name: .

WHEREAS

WHEREAS, Client intends to undertake development, grading, or land-disturbing activities at the Project known as Project Name: located at ; and

WHEREAS, Consultant has the expertise to prepare and implement a stormwater management plan that meets applicable regulatory, permitting, and best management practice requirements and to provide monitoring and maintenance services as described herein.

DEFINITIONS

For purposes of this Plan: "BMP" means Best Management Practice; "O&M" means operation and maintenance; "Project" means the development described above; "Applicable Law" means statutes, regulations, permits and local ordinances governing stormwater management.

SCOPE OF WORK

SITE INFORMATION

BEST MANAGEMENT PRACTICES (BMPS)

Consultant will specify and/or design the following BMPs as applicable. Check those included in this Plan:

Detention basin(s)

Bioretention / rain gardens

Pervious paving

Infiltration trenches

Silt fence and sediment controls

CONSTRUCTION PHASING AND IMPLEMENTATION

OPERATION, MAINTENANCE, AND INSPECTION

Consultant will prepare an Operation and Maintenance (O&M) schedule and provide inspection checklists for installed BMPs. O&M responsibilities are allocated as follows:

MONITORING AND REPORTING

PAYMENT TERMS

TERM AND TERMINATION

The term of this Agreement commences on Start Date: and continues until End Date: unless earlier terminated as provided below.

Either party may terminate this Agreement for material breach if the breach is not cured within the notice period set forth above. Termination shall not relieve Client of the obligation to pay for services performed and costs incurred through the effective date of termination, including demobilization and final reporting.

CONFIDENTIALITY

Each party shall keep confidential all non-public technical, financial, and business information disclosed by the other party in connection with this Plan. Confidential information shall not include information that is or becomes publicly available through no breach of this Agreement, is lawfully received from a third party without restriction, or is independently developed without use of the other party’s confidential information. The receiving party will use at least the same degree of care as it uses to protect its own confidential information, but not less than reasonable care. Disclosure required by law or valid governmental order shall be made only after prompt notice to the disclosing party to permit intervention or protective measures.

INDEMNIFICATION

Consultant shall indemnify, defend and hold harmless Client from and against claims, liabilities, losses and expenses arising from negligence or willful misconduct of Consultant in the performance of its services. Client shall indemnify, defend and hold harmless Consultant from and against claims, liabilities, losses and expenses arising from Client’s failure to disclose material facts or to implement required O&M measures identified in this Plan.

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 Plan, including all attachments, drawings and referenced documents incorporated herein, constitutes the entire agreement between the parties with respect to the subject matter and supersedes all prior and contemporaneous agreements, understandings, and representations. Any amendment must be in writing and signed by authorized representatives of both parties.

CERTIFICATION

The undersigned certify that to the best of their knowledge the information contained in this Stormwater Management Plan is true and accurate, and that the Plan will be implemented and maintained in accordance with Applicable Law, permit conditions, and the terms of this Agreement.

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