Technical Services Terms and Conditions

The Cumberland County Soil & Water Conservation District, located at 35 Main Street, Suite 3, Windham, Maine 04062 ("the District") and the Customer, hereby agree as follows:

Description of Services provided on an Estimate provided to the Customer:

• Post Construction Inspection: The District will perform an inspection of the on-site permanent BMPs of a Customer’s real property in accordance with the local municipality’s Post-Construction Stormwater Ordinance. The inspection will consist of existing stormwater infrastructure, review of available site plans, and completion of an Inspection Report for submittal to the on-site inspection local municipality by the District. A copy of the Inspection Report will also be provided to the Customer.

  • Process; Documentation of review: Following receipt of a site plan and the on-site inspection, the District will; 1) complete an Inspection Report, which will document the condition and any deficiencies found with the BMP and stormwater infrastructure, 2) certify maintenance/repairs conducted in the last year (if applicable), and 3) present any recommendations for the continued maintenance of the BMP system(s).

  • It is the responsibility of the Customer to provide the District:

    • Any background information needed to complete the Inspection Report, including (but not limited to): site plans (as built plans preferred), maintenance and repair records, etc.; and

    • Access to the site and the BMP system(s).

  • Within two weeks of the inspection, the District will forward a copy of the completed Inspection Report, to the local municipality with a copy emailed to the Customer.

• Construction Site Third Party Inspection Services: At the request of the Customer, the District will perform regular third-party inspections (3PI) for erosion and sediment control as required by the Maine Department of Environmental Protection’s (MDEP) development permit. A copy of the Inspection Report will also be provided to the Customer.

• Development Site Plan Review: At the request of the Developer, the District will review the Developer’s proposed site plan. The review will consist of office time, field review (e.g., site walks as required) and communication with the Developer or Developer’s Representative as the District deems necessary.

  • Process; Documentation of Review: The District will review the plan submitted for the following items when they apply to the plan under review:

    • erosion and sedimentation control only.

    • phosphorus control calculation only.

    • management of stormwater (applicable local and state standards) from existing and proposed structures and impervious surface, and compliance with the Municipalities’ Site Plan Review Ordinance, with the contained within for local and/or state standards.

    • Maine DEP Chapter 500 delegated review for compliance with Stormwater Management Law, Erosion and Sedimentation Control Law and Maine Construction General Permit.

  • If the District determines that the plan submitted for review does not adequately provide for the component(s) listed above, or that additional standards or criteria apply to the proposed plan, the District will notify the Developer and/or their representative (e.g. engineer, consultant, etc.) of these deficiencies. The Developer agrees and understands that although the District may provide limited guidance as to how the Developer might meet applicable standards for these components, the District's prime duty is to impartially advise the MDEP as to the adequacy of the project plan.

  • In accordance with our Delegated Review Memorandum of Understand with the MDEP, the District will perform one or more site walks during and/or at the completion of the construction phase of the project to determine if the approved plans are being implemented. Upon completion and if needed, a letter will be sent to the Developer informing them of any significant discrepancies between the approved plans and the fieldwork. A copy of this letter will be sent directly to the MDEP.

• Onsite Technical Assistance: The District shall provide services as described in an Estimated provided to the customer based on their request for assistance.

Terms and Conditions

1. Fees. The Customer agrees to pay the District for actual time and expenses based on the District’s Schedule of Fees (http://cumberlandswcd.org/site/about-us/schedule-of-fees/) to provide the services described above. In the event the project needs are different than those represented in a prepared Estimate, additional fees may be incurred by the Customer for the District to complete the services. If the expected fee change is significant, the District will notify the Customer before proceeding. Estimates are valid for 30 days from the issuance date.

2. Terms of Payment. Upon acceptance of an Estimate, please return a signed copy to the District. Upon completion of the services, the Customer will be invoiced for the actual costs of the services provided, which may exceed an Estimate, with agreement of the Customer. All accounts are net due and payable within 30 days of the invoice date. A service charge of 1.5% per month (18% APR) will be charged to all late accounts over 30 days. Checks will be made payable to CCSWCD, 35 Main Street, Suite #3, Windham, ME 04062

3. Time of Performance. Barring unforeseen difficulties, the District will make its best effort to complete the services in a timely manner upon acceptance an Estimate.

4. Indemnification. The Customer agrees to indemnify, defend and save harmless the District, its officers, agents and employees from any and all claims, costs, expenses, injuries, liabilities, losses and damages of every kind and description (hereinafter in this paragraph referred to as “claims”) resulting from or arising out of the performance of this Agreement by the Customer, its employees, agents, or subcontractors. Claims to which this indemnification applies include but without limitation the following: (i) Claims suffered or incurred by any contractor, subcontractor, material person, laborer and any other person, firm, corporation or other legal entity (hereinafter in this paragraph referred to as “person”) providing work, services, materials, equipment or supplies in connection with the performance of this Agreement; (ii) claims arising out of a violation or infringement of any proprietary right, copyright, trademark, right of privacy or other right arising out of publication translation, development, reproduction, delivery, use or disposition of any data, information or other matter furnished or used in connection with this Agreement ; (iii) claims arising out of a libelous or other unlawful matter used or developed in connection with this Agreement; (iv) claims suffered or incurred by any person who may be otherwise injured or damaged in the performance of this Agreement; and (v) all legal costs and other expenses of defense against any asserted claims to which this indemnification applies. This indemnification does not extend to a claim that results solely and directly from the District’s negligence or unlawful act.