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CITY OF WEST CHICAGO
CITY COUNCIL
AGENDA ITEM SUMMARY
ITEM TITLE:
AGENDA ITEM NUMBER: ___/. J.
Resolution No. 23-R-0056 — Professional Environmental
Services — West Washington Street Redevelopment Project (for | FILE NUMBER:
an amount not to exceed $124,750 plus remediation costs)
COMMITTEE AGENDA DATE: N/A
COUNCIL AGENDA DATE: 06/19/2023
STAFF REVIEW: SIGNATURE.
APPROVED BY CITY ADMINISTRATOR: SIGNATURE
ITEM SUMMARY:
The City Council previously approved contracts with Patrick Engineering associated with the required professional
environmental services for the West Washington Street Redevelopment Project. Our Project Manager left that
firm and joined Civil & Environmental Consultants, Inc.; staff believes it best to continue using that Project
Manager with whom we have been working for an extensive period of time on this Project. Attached is an updated
proposal from the new firm.
STAFF RECOMMENDATION:
Staff recommends approval of Resolution No. 23-R-0056.
COMMITTEE RECOMMENDATION:
This item did not go to Committee because it was previously approved, though with our Project Manager’s former
employer.

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RESOLUTION NO. 23-R-0056
RESOLUTION AUTHORIZING MAYOR TO EXECUTE A CERTAIN
AGREEMENT WITH CIVIL & ENVIRONMENTAL CONSULTANTS INC. —
WEST WASHINGTON STREET REMEDIATION PROJECT
BE IT RESOLVED by the City Council of the City of West Chicago, in
regular session assembled, that the Mayor is hereby authorized to execute a certain
Agreement between the City of West Chicago and Civil & Environmental
Consultants, Inc. for professional environmental services associated with the West
Washington Street Remediation Project, (for an amount not to exceed $124,750 plus
remediation costs), in substantially the form attached hereto and incorporated herein as
Exhibit “A”.
APPROVED this 19" day of June 2023
AYES:
NAYES:
ABSTAIN:
ABSENT:
Mayor Ruben Pineda
ATTEST:
Executive Office Manager, Valeria Perez

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Civil & Environmental Consultants, Inc.
June 13, 2023
Mr. Michael Guttman
City of West Chicago
475 Main Street
West Chicago, Illinois 60185
Via email: mguttman@westchicago.org
Subject: Proposal for Professional Environmental Services
West Washington Street Redevelopment Project
CEC Project 332-651
Dear Mr. Guttman:
Civil & Environmental Consultants, Inc. (CEC) is pleased to submit this proposal to the City of
West Chicago (the City) for providing professional environmental services for the West
Washington Street Redevelopment Project located in West Chicago, Illinois. The following
presents our project understanding, proposed scope of services, schedule, estimated costs, and
terms and conditions to complete the scope of services.
1.0 PROJECT UNDERSTANDING
CEC understands that the City currently owns a series of properties (collectively measuring ~14
acres in total) located near 119 West Washington Street in West Chicago, Illinois (the Site). The
City wishes to redevelop the Site for various potential uses (municipal, commercial and/or
residential); however, the Site has been found to be contaminated due to historical operations. The
City wishes to pursue and obtain a No Further Remediation (NFR) letter for the Site to both protect
the human health of potential future users of the Site and to enhance the Site’s marketability to
potential developers. The Site was enrolled in the Illinois Site Remediation Program (SRP) in
August 2015 by other consultants. Various subsurface investigations and remedial activities have
been performed at the Site. A Comprehensive Site Investigation Report (CSIR), Remedial
Objectives Report (ROR), and Remedial Action Plan (RAP) were submitted in August 2015. The
Illinois EPA rejected these reports due to various deficiencies. No other documentation has been
submitted to date.
1230 East Diehl Road, Suite 200 | Naperville, IL 60563 | p: 630-963-6026 f: 630-963-6027 | www.cecinc.com

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Mr. Michael Guttman — City of West Chicago
CEC Project 332-651
Page 2
June 13, 2023
A prior consultant identified the Site as six distinct areas based on the types of contamination
found, previous land uses, and potential future uses of these areas. A brief summary of each of
these areas is detailed as follows:
e Area A: Gas Station — This parcel was previously used as a gasoline service station. In
2019, the gas station was demolished, and the underground storage tanks (USTs) were
removed. The removal of the tanks resulted in a leaking underground storage tank (LUST)
incident for this area. Initial 20-Day and 45-Day LUST reports were submitted, after
which, this incident was moved into the existing SRP number for the Site. Based on the
results of soil sampling in the former UST excavation area, this area likely remains
impacted with benzene, ethylbenzene, and xylene. Current plans show that a majority of
Area A may be paved.
e Area B: Central City Hall — This parcel corresponds to the central portion of the Site that
may potentially be developed as the future City Hall. Contaminants found in this area
include polychlorinated biphenyls (PCBs), arsenic, and polynuclear aromatic
hydrocarbons (PNAs) across a majority of this area to a depth of less than five feet below
ground surface (bgs). Radium-226 associated with maintenance of the water filtration
system attached to the water tower was also discovered in this area. It is CEC’s
understanding that the radium-226 contaminated soils have been removed. The existing
plan for this area envisions that a majority of this area will be either paved or covered with
building foundations. These features will be used as engineered barriers with the
intent/approach being that no additional remediation will be necessary.
e Area C: Central Park — This area corresponds to the central portion of the Site directly
adjacent to Washington Street that is currently planned to be used as open space for a park
or other public use. Contaminants found in this area were PNAs in a relatively small area
located in the northeast corner of Area C. A prior consultant had recommended excavation
of approximately 1,000 cubic yards of soil in order to meet the residential soil remediation
objectives that will be required to be met to use this space as a park.
e Area D: Eastern Commercial/Residential Area — This area is the far eastern portion of the
Site located at the intersection of Washington Street and Fremont Street. Contamination
in this area is limited to one location that would likely be developed for commercial use,
which coincides with its current use; therefore, a prior consultant did not recommend any
active remedial measures in this area but proposed to use the existing parking lot or
proposed foundations as an engineered barrier.
e Area E: Western Commercial/Residential Area — The western portion of the Site is
reportedly contaminated with arsenic and benzo(a)pyrene (BaP). There is a cluster of
these contaminants in the eastern portion of this area. A prior consultant recommended
Civil & Environmental Consultants, Inc.

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Mr. Michael Guttman — City of West Chicago
CEC Project 332-651
Page 3
June 13, 2023
that approximate 2,500 cubic yards of soils be removed from this area of the Site. The
remainder of the impacts are scattered in the western portion of this area. Remediation of
these areas to residential standards would likely be cost prohibitive. A prior consultant
recommended that this portion of the area be limited to commercial use.
e Area F: Detention Area — This is the far northern parcel of the Site that is currently
designated for use as a storm water detention area. There were numerous contaminants
found in this area and a prior consultant estimated that remediation costs in this area could
exceed $1 million to bring the this are of the Site to commercial/industrial standards. The
prior consultant recommended that the City retain ownership of this parcel for use as a
detention area and manage environmental risks without pursuing an NFR for this area.
CEC has prepared this proposal assuming that we will continue the remediation effort as planned
by prior consultants and in accordance with the grant funding that was awarded to the City.
2.0 SCOPE OF SERVICES
The scope of services for this project will consist of the following tasks:
e Task 1: Project Kick-Off — Prior to performing any work at the Site, CEC will meet with
representatives of the City to discuss the project plans and schedule. The discussion can
also include any changes to the planned uses of the Site that may have occurred since 2019
and allow the City to meet with members of the CEC team assigned to this project.
e Task 2: Supplementary Investigation — While there have been several iterations of
subsurface investigations at the Site, additional investigations will be useful in determining
the exact boundaries of the soil that will need to be removed, as well as assessing the
remaining environmental issues at the previously demolished gas station. For the purposes
of this proposal, CEC has assumed that the supplementary investigation will consist of
approximately three days of sample collection using a direct-push drilling rig in Areas A,
B, C, and E. Approximately 40 soil samples will be collected for various analyses
depending on the area:
e Area A samples will be analyzed for the gasoline-related contaminants previously
discovered: benzene, toluene, ethylbenzene, xylene (BTEX), lead, and methyl-tert-
butyl ether.
e Area B samples will be collected from the area near MW-1 to confirm if radium-
226 exceedances remain present.
Civil & Environmental Consultants, Inc.

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Mr. Michael Guttman — City of West Chicago
CEC Project 332-651
Page 4
June 13, 2023
e Area C samples will be analyzed for various PNA compounds centered around
MW-33.
e Area E samples will be analyzed for arsenic and BaP in the area near the former
salt storage building and near the property boundaries.
As an option, a work plan may be submitted to the IEPA for their review and approval
prior to performing the field work. This step generally results in less questions from the
IEPA during the reporting phase, but extends the schedule (to accommodate the IEPA
review time). An estimated costs for this step has not been included at this time.
The results of the supplementary investigation will be reported to the City and used to
inform the final remedial plan (boundaries of the areas to be excavated and design of future
engineered barriers). CEC is hopeful that the results of the investigation will reduce the
volume of impacted soil that will require active removal.
e Task 3: Survey — Prior to submittal of any reports to the Illinois EPA, CEC will need to
properly define the remediation site. As the current plan is to exclude Area F from the
remediation site, a survey will need to be performed to accurately define and describe this
boundary as it does not match up with the current parcel boundaries. The survey will also
be used to accurately locate remedial areas, potential engineered barrier locations, and
other items that may require accurate location data. For the purposes of this proposal, CEC
has estimated the amount of effort for surveying effort of up to two days of field time plus
typical costs to produce the survey. Multiple surveying field events would result in an
increase to the estimate fees. The deliverable for this task will be an accurate site
description that will be used in the ultimate NFR letter and other measurements that will
be necessary for submittal of SRP reports.
e Task 4: Initial SRP Reporting — Upon completion of the investigation and survey tasks,
CEC will submit new reports to the Illinois EPA. These documents will include a new site
map with the updated site boundaries and new CSIR/ROR/RAP reports. CEC will submit
these documents to the City prior to submittal. CEC experience is that the Illinois EPA
will typically have comments on these documents and require submittal of additional
information. We have included an estimated cost at this time of 10% of the initial reporting
costs for responding to the Illinois EPA comments. It is not uncommon for the IEPA
comments to require additional field work. An estimated cost for additional field work is
not included at this time and, if needed, would results in an increase to the currently
estimated fees.
Civil & Environmental Consultants, Inc.

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Mr. Michael Guttman — City of West Chicago
CEC Project 332-651
Page 5
June 13, 2023
e Task 5: Remedial Efforts — After completion of the supplementary investigation and
approval of the RAP by the Illinois EPA, CEC will define the limits of soil removal in
Areas C and E (and possibly A, if needed) to achieve the remedial goals that will be
developed by CEC and approved by the City. For the purposes of this proposal, CEC has
assumed that the excavation limits will be similar to those determined by previous
consultants (~3,500 cubic yards total).
Once the limits of excavation have been finalized, CEC will contract with a licensed special
waste excavation and hauling company to remove the contaminated soil and dispose of it
at a Subtitle D landfill. CEC will provide oversight of all excavation activities and shall
perform confirmation sampling to ensure contaminated soils have been removed.
Conclusion of soil removal activities will be determined based on visual and olfactory
observation, the use of a photoionization detector (PID), and the results of the confirmation
sampling. Upon completion of field excavation activities, CEC will use standard GPS
methods to survey the limits of excavation. The soil excavation company shall be directed
by CEC personnel to backfill the excavationswith fill materials determined by the City. As
the Site will be developed in the future and none of the planned remediation areas are
readily visible from Washington Street or other public areas, CEC’s experience is that
gravel/stone made from recycled concrete is a typical backfill material. Documentation
will be required demonstrating that the gravel/stone backfill was created the recycling of
“clean” concrete.
e Task 6: Final SRP Reporting — Upon completion of the remedial actions at the Site, CEC
will develop and submit a Remedial Action Completion Report (RACR) that demonstrates
that all remedial goals for the Site have been accomplished. Upon approval of the RACR
by the Illinois EPA, the Illinois EPA will likely issue a conditional NFR letter for the Site.
The NFR letter will likely be conditional as the current remedial strategy for the Site
includes the use of engineered barriers that will not be constructed until the Site is
developed. Once the engineered barriers have been installed, the NFR will be finalized -
assuming no other conditions were proposed by the Agency.
CEC will maintain regular contact with the City during completion of this scope of work to ensure
that the City is informed as to the progress of the work and changes to the scope of services or
budget that will become necessary.
Civil & Environmental Consultants, Inc.

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Mr. Michael Guttman — City of West Chicago
CEC Project 332-651
Page 6
June 13, 2023
3.0 SCHEDULE AND ESTIMATED COSTS
The schedule to complete the above scope of services is dependent on several factors including
Illinois EPA document review time, complexity of Illinois EPA comments, and availability of
subcontractors (drillers and excavating companies). CEC anticipates being able to conduct
Tasks | and 2 within two months of receipt of notice to proceed and Task 3 within one month of
completion of Task 2. Task 4 is anticipated to be completed within two months of completion of
Task 2 (four months from NTP). After submittal of the SRP documents detailed in Task 4, the
schedule will become dependent on the Illinois EPA’s response time and the level of effort it may
take to respond to their comments on the reports; however, CEC anticipates being able to begin
Task 5 within two months of approval of the initial SRP reports. Task 6 can be completed within
two months of the completion of Task 5. Assuming that the Illinois EPA takes 90 days to review
these reports (this is the amount of time allocated in 35 IAC 740.505) and 30 days to review
responses to comments, the estimated schedule for completion of all six tasks is approximately 14
months. If desired, this schedule can be compressed by performing Task 5 without prior approval
by the Illinois EPA and submitting all of the SRP reports at one time in Task 6; however, there is
a risk that the Illinois EPA may require additional remedial measures occurring at additional cost
to the City, if the Agency does not agree with the approaches taken.
The estimated fees for each of the tasks is detailed below:
Task 1 Project Kick-Off $1,500
Task 2 Supplementary Investigation $37,250
Task 3 Survey $21,000
Task 4 Initial SRP Reporting $40,000
Task 5 Remedial Efforts TBD
Task 6 Final SRP Reporting $25,000
TOTAL ESTIMATED FEES $124,750 plus TBD costs for
Remedial Efforts
The fees presented above are best estimates of the costs to complete each relevant task based on
CEC’s current knowledge of the Site. Actual costs will be invoiced in accordance with the attached
Schedule of Fees based on the services completed. During completion of this project, new
information may be generated that changes the scope of one or more of the tasks, affecting the
costs to complete these tasks. CEC will inform the City as soon as reasonably practicable as to
any changes in the scope of work and the costs associated with these changes and shall seek the
City’s approval prior to any increase in the project’s budget and/or changes to CEC’s scope or
approach.
Civil & Environmental Consultants, Inc.

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Mr. Michael Guttman — City of West Chicago
CEC Project 332-651
Page 7
June 13, 2023
4.0 TERMS AND CONDITIONS
Our schedule of terms and conditions, which apply to the proposed scope of services, is attached.
Any changes to our terms and conditions must be agreed to in writing by both parties prior to
beginning work on the project. Your written or verbal approval and acceptance of this proposal
and authorization to proceed forms a binding contract and indicates your acceptance of our
attached terms and conditions.
A Technology and Office Service Fee, equivalent to 3% of professional fees, will be added to each
invoice for project expenses associated with software, computer technology, and incidental office
expenses. Reimbursable expenses, including subcontracted services, will be invoiced at cost plus
a 10% administrative fee.
5.0 CLOSING
CEC appreciates the opportunity to provide professional consulting services to the City of West
Chicago. Should you have any questions or comments regarding this proposal, please do not
hesitate to contact the undersigned by telephone at (630) 963-6026.
Respectively submitted,
CIVIL & ENVIRONMENTAL CONSULTANTS, INC.
SAM Vom Wed.
Steven E. Kroll, P.G. John E. Hock, P.E.
Project Manager Vice President
Enclosures: Schedule of Fees
Schedule of Terms and Conditions
Civil & Environmental Consultants, Inc.

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Civil & Environmental Consultants, Inc.
Civil & Environmental Consultants, Inc.
2023 SCHEDULE OF FEES
CEC PROFESSIONAL SERVICES
NAPERVILLE OFFICE
ITEM DESCRIPTION RATES ITEM DESCRIPTION RATES
Professional Staff: Support Services:
Vice President $270 Administrative Assistant $72
Senior Principal $285 Administrative Manager $105
Principal $250 CADD Technician $135
Senior Project Manager $210 Seasonal Intern $56
Senior Consultant $200 Senior Designer $150
Expert Witness Testimony $400 Senior CADD Technician $145
Project Manager III $192 Senior Technician $125
Project Manager II $170 Staff Technician $63
Project Manager I $150 Survey 1-Person Crew $175
Assistant Project Manager $135 Survey 1-Person Crew Overtime $180
Project Consultant $117 Survey 2-Person Crew $255
Project Scientist $117 Survey 2-Person Crew Overtime $325
Staff Consultant $93 Survey 3-Person Crew $350
Staff Scientist $93 Survey 3-Person Crew Overtime $670
Survey Technician I $73
Survey Technician II $88
Survey Technician III $105
Survey Technician IV $120
Technician I $73
Technician II $83
Technician III $90
UAV Survey Crew 2-Person $275

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1. AGREEMENT
The following terms and conditions ("TERMS") shall apply to and are an
integral part of the attached proposal (“PROPOSAL”) between Civil &
Environmental Consultants, Inc. ("CEC") and the client ("CLIENT") named in
the attached PROPOSAL. CLIENT's acceptance of the PROPOSAL includes
acceptance of these TERMS and acceptance of this PROPOSAL shall form the
entire agreement between the parties (“AGREEMENT”). In the event of a
conflict or inconsistency between these TERMS and the PROPOSAL, these
TERMS shall take precedence. Acceptance of the AGREEMENT by CLIENT
will occur when CLIENT directs CEC, orally or in writing, to commence
performance of its services.
2. STANDARD OF CARE
CEC shall perform its services consistent with the professional skill and care
ordinarily provided by professionals, such as CEC, practicing in the same or
similar locality under the same or similar circumstances and in effect at the time
of performance. CEC provides no warranties or guarantees whether express or
implied.
3. SITE ACCESS, SITE CONDITIONS AND SUBSURFACE
FEATURES
CLIENT will grant or obtain free access to the site for all equipment and
personnel for CEC to perform the services set forth in this AGREEMENT. CEC
will take reasonable precautions to limit damage to the site, but it is understood
by CLIENT that, in the normal course of the services, some damage may occur
and the correction of such damage is not part of this AGREEMENT unless so
specified in the PROPOSAL.
The CLIENT is responsible for the accuracy of locations for all subsurface
structures and utilities. CEC will take reasonable precautions to avoid known
subsurface structures, and the CLIENT waives any claim against CEC, and
agrees to defend, indemnify, and hold CEC harmless from any claim or liability
for injury or loss, including costs of defense, arising from damage done to
subsurface structures and utilities not identified or accurately located. In
addition, CLIENT agrees to reimburse CEC for time and expenses incurred by
CEC in defense of any such claim based upon CEC's current fee schedule and
expense reimbursement policy.
CEC may, but is not required to, undertake an investigation to locate any
utilities, structures or materials as CEC deems prudent. Such investigation by
CEC shall not impose any additional obligation or liabilities on CEC and
CLIENT agrees that such investigation, if undertaken, is for CEC’s convenience
only.
The CLIENT recognizes that subsurface conditions may vary from those
observed at locations where borings, surveys, or explorations are made, and that
site conditions may change with time. Data, interpretation, and
recommendations by CEC will be based solely on information available to CEC.
CEC is responsible for the data, interpretations, and recommendations based on
its services, but will not be responsible for other parties’ interpretations or use of
the information developed.
4. BIOLOGICAL POLLUTANTS, HAZARDOUS MATERIALS AND
HAZARDOUS CONDITIONS
CLIENT warrants that a reasonable effort to investigate and inform CEC of
known or suspected Biological Pollutants, Hazardous Materials and hazardous
conditions on or near the site has been made by the CLIENT. The term
"Biological Pollutants" includes, but is not limited to, molds, fungi, spores,
bacteria, and viruses, and the by-product of any such biological organisms. The
term “Hazardous Materials” shall mean any toxic substances, chemicals,
pollutants, or other materials, in whatever form or state, including but not limited
to smoke, vapors, soot, fumes, acids, alkalis, minerals, toxic chemicals, liquids,
gases or any other material, irritant, contaminant or pollutant, that is known or
suspected to adversely affect the health and safety of humans or of animal or
plant organisms, or which are known or suspected to impair the environment in
any way whatsoever. Hazardous Materials shall also include, but not be limited
to, those substances defined, designated, or listed in Section 404 of the Solid
Waste Disposal Act (42 USC Subsection 6903); Section 9601(14) of the
Comprehensive Environmental Response, Compensation and Liability Act (42
USC Subsection 9601(14)); as listed or designated under Sections 1317 and
1321(b)(2)(a) of the Title 33 (33 USC Subsections 1317 and 1321(b)(2)(a)); or
as defined, designated, or listed under any other federal, state, or local law,
tegulation or ordinance concerning hazardous wastes, toxic substances, or
pollutants.
Civil & Environmental Consultants, Inc.
Civil & Environmental Consultants, Inc.
CEC and CLIENT agree that when unanticipated or suspected Biological
Pollutants, Hazardous Materials and/or hazardous conditions are encountered it
may be necessary for CEC to take immediate measures to protect health and
safety. CEC agrees to immediately notify CLIENT when unanticipated or
suspected Biological Pollutants, Hazardous Materials and/or hazardous
conditions are encountered. CLIENT agrees to make any disclosures required
by law to the appropriate governing agencies. In the event the site is not owned
by CLIENT, CLIENT recognizes that it is the CLIENT's responsibility to inform
the property owner of the discovery of unanticipated or suspected Biological
Pollutants, Hazardous Materials and/or hazardous conditions.
Notwithstanding any other provision of the AGREEMENT, CLIENT waives
any claim against CEC, and to the maximum extent permitted by law, agrees to
defend, indemnify, and hold CEC harmless from any claim, liability, and/or
defense costs for injury or loss arising from CEC's discovery of unanticipated or
suspected Biological Pollutants, Hazardous Materials and/or hazardous
conditions. CLIENT will be responsible for ultimate disposal of any samples
secured by CEC which are found to be contaminated with Biological Pollutants
and/or Hazardous Materials.
Nothing contained in this AGREEMENT shall be construed or interpreted as
requiring CEC to assume liability for the generation, transportation, treatment,
storage and/or disposal of hazardous waste within the meaning of the Resource
Conservation and Recovery Act of 1976, as amended, or within the meaning of
any similar federal, state, or local regulation or law.
If during remediation and/or construction activities waste manifests are
required, CLIENT shall provide an authorized person to sign manifests or will
provide CEC with a written limited power of attorney or agency agreement to
sign manifests on CLIENT’S behalf.
5. EVOLVING TECHNOLOGIES
Services such as those provided by CEC may involve technologies which are
new or emerging and these technologies may supersede current techniques. In
addition, standards for our services, including statutes and regulations, may
change with time. CLIENT understands that CEC's recommendations and/or
services must be based upon the current Standard of Care utilizing established
technologies and standards excluding new or emerging technologies unless
agreed to by both parties in writing.
6. SAMPLE DISPOSAL
CEC will provide storage for samples collected for sixty (60) days. Further
storage or transfer of samples can be made at CLIENT's expense and upon prior
written request.
7. SAFETY/CONSTRUCTION OBSERVATION
CLIENT, its contractor or other representatives shall be solely responsible for
working conditions on the site, including compliance with OSHA regulations
and safety of all persons and property during the performance of the work. CEC
will not be responsible for means, methods, techniques, sequences or procedures
of construction including, but not limited to safety.
If CEC is retained by the CLIENT to provide a site representative for the purpose
of observing specific portions of any construction work as set forth in the
PROPOSAL, CEC will report observations and professional opinions. CEC's
presence on the site does not in any way guarantee the completion or quality of
the performance of the work by any party retained by the CLIENT to provide
construction related services. CEC does not have the duty to reject or stop work
of CLIENT or its agents unless contractually obligated.
8. BILLING AND PAYMENTS
8.1. General: Invoices will be submitted in accordance with the provisions
outlined in the PROPOSAL. Payment is due from CLIENT thirty (30) days
from the invoice date. If a retainer or pre-payment is required by the
PROPOSAL, payment must be received by CEC prior to commencement of
services. Payment shall be made as follows:
Electronic Payment:
PNC Bank, Pittsburgh, PA 15222
PNC Bank Routing #043000096
CEC Account #2272405
SWIFT & BIC Code: PNCCUS33
Remittance Detail: accountsreceivable@cecinc.com
Lockbox (regular mail):
CEC PROFESSIONAL SERVICES (Rev. 1, 3/1/22)

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Civil & Environmental Consultants, Inc.
P.O. Box 644246
Pittsburgh, PA 15264-4246
Any retainer shall be applied to the final invoice and unused funds, if any,
returned to CLIENT. In the event CLIENT fails to pay CEC within thirty (30)
days of invoice, CLIENT agrees that CEC will have the right to suspend
performance of services after written notice to CLIENT. CEC will be entitled
to interest of one and one half percent (1.5%) per month for past due amounts.
CEC will be entitled to collect for time and expenses (per CEC's current fee
schedules), attorneys’ fees and other costs incurred by CEC for collection of past
due amounts.
Our PROPOSAL does not include gross receipts taxes, business or occupation
taxes or assessments that the municipality where the project is located may
assess upon CEC or its subcontractors. If such taxes are or become a liability of
CEC, the CLIENT agrees to reimburse CEC at cost.
8.2. Reimbursable Expenses: Direct non-salary expenses (e.g. Travel,
Equipment, Subcontractors/Vendors) will be billed according to the terms of our
PROPOSAL.
8.3. Litigation Services: If litigation services are not part of the PROPOSAL to
which these TERMS are attached and are requested by CLIENT, the scope and
fee schedule for the requested litigation services will be identified in a separate
PROPOSAL. CLIENT shall reimburse CEC for costs incurred in responding to
subpoenas or other legal requests related to the services provided by CEC under
this AGREEMENT.
8.4. Design Build: If CLIENT requests CEC to perform design-build services,
such services will be performed in accordance with separate TERMS and a
PROPOSAL for such design-build services.
9. CHANGES
9.1. Changes: Upon a change in CEC’s scope of services or discovery of
unforeseen conditions, or any direction or instruction outside of the
PROPOSAL, CEC will provide CLIENT with the estimated cost of performing
the change and any change in the AGREEMENT schedule. Prior to CEC being
required to implement the change, CLIENT shall authorize the requested change
either verbally or in writing amending the AGREEMENT price and schedule.
9.2. Unauthorized Changes: If changes are made in CEC work products by
CLIENT or persons other than CEC, any and all liability against CEC arising
out of such changes is waived and CLIENT assumes full responsibility for such
changes unless CLIENT has given us prior notice and has received written
consent from CEC for such changes.
10. DELAYS
Delays not due to CEC shall result in an extension of the schedule equivalent to
the length of delay. If such delays result in additional costs to CEC, the
AGREEMENT price shall be equitably adjusted by the amount of such
additional costs.
11. INSURANCE
CEC will maintain Workmen's Compensation Insurance as required by state
law, General Liability Insurance for bodily injury and property damage with a
limit of $1,000,000 per occurrence and an aggregate limit of $2,000,000 and
Automobile Liability with a limit of $1,000,000. Professional liability will be
provided with a limit of $1,000,000 per claim and $1,000,000 in the aggregate,
if applicable. CLIENT and/or the property owner will be listed as additional
insured for General Liability Insurance upon CLIENT’s written request.
12. ALLOCATION OF RISK
12.1. Limitation of Remedies: CLIENT agrees to limit CEC's liability for any
claim arising from, or alleged to arise from any acts, errors or omissions in the
performance of services under this AGREEMENT, whether such claim is based
in negligence, breach of contract, or other legal theory to an aggregate limit of
the amount of fees paid to CEC under this AGREEMENT, or $50,000,
whichever is greater, except for CEC’s willful misconduct or gross negligence.
12.2. Waiver of Consequential Damages: CEC and CLIENT agree to waive any
claim against each other for consequential, incidental, special or punitive
damages.
12.3. Indemnification: CEC shall indemnify and hold harmless CLIENT from
and against any and all claims, damages, or liability to the extent caused by the
negligent performance of services under this AGREEMENT by CEC, including
injuries to employees of CEC.
Civil & Environmental Consultants, Inc.
Civil & Environmental Consultants, Inc.
13. TERMINATION
This AGREEMENT may be terminated by either party seven (7) days after
written notice: i) in the event of breach of any provision of this AGREEMENT;
ii) if the CLIENT suspends the work for more than three (3) months in the
aggregate; or iii) for CLIENT or CEC’s convenience. In the event of termination
for suspension or convenience, CEC will be paid for services performed prior to
the date of termination plus reasonable termination and demobilization
expenses, including, but not limited to the cost of completing analyses, records
and reports necessary to document job status at the time of termination.
14. GOVERNING LAW
The law of the Commonwealth of Pennsylvania will govern the validity of these
TERMS and the AGREEMENT, their interpretation and performance. If any of
the provisions contained in these TERMS and the AGREEMENT are held
illegal, invalid, or unenforceable, the enforceability of the remaining provisions
will not be impaired.
15. DISPUTE RESOLUTION
15.1. Notice of Dispute: Within fifteen (15) days of the occurrence of any
incident, act, or omission upon which a claim for relief may be based, the party
seeking relief shall serve the other party with a written notice specifying the
nature of the relief sought, the amount of relief sought, a description of the
reason relief should be granted, and the provisions of this AGREEMENT that
authorize the relief requested.
15.2. Meet and Confer: Within ten (10) days of receipt of the Notice of Dispute,
the parties shall meet and confer in a good faith attempt to resolve the dispute.
Participants in the meet and confer must have the authority to enter into a
binding resolution on behalf of each party.
15.3. Jurisdiction and Venue: After completion of the meet and confer, either
party may proceed to litigation. CEC and CLIENT agree that any court of record
in Allegheny County, Pennsylvania, shall have the exclusive jurisdiction and
venue over any claims relating to or arising under this AGREEMENT.
15.4. Waiver of Jury Trial: THE PARTIES AGREE AND IRREVOCABLY
WAIVE THEIR RIGHT TO TRIAL BY JURY IN ANY ACTION, DISPUTE,
PROCEEDING OR SUIT RELATING DIRECTLY OR INDIRECTLY TO
THIS AGREEMENT OR THE PROJECT.
16. ASSIGNMENT
CLIENT and CEC each binds itself and its successors and assigns to the other
and its successors and assigns with respect to all covenants of this
AGREEMENT. Neither CLIENT nor CEC shall assign, sublet or transfer any
tights under or interest in this AGREEMENT without the prior written consent
of the other party. This section shall not, however, apply to subrogation rights
(if any) of any insurer of either party.
17. OWNERSHIP
CEC shall have title to all drawings, specifications or other documents (“WORK
PRODUCT”) furnished to CLIENT and intended for use in connection with
projects under this AGREEMENT. CLIENT is granted a limited license to use
and reproduce the WORK PRODUCT prepared by CEC for use in the execution
of the project(s) under this AGREEMENT. The WORK PRODUCT is not to
be used by CLIENT or other contractors, subcontractors, or material suppliers
on other projects without the express written consent of CEC.
18. FILE RETENTION
Upon conclusion of the project, CEC’s file on the project will be closed and may
be sent offsite for storage. Unless CLIENT requests a longer retention period in
writing, CEC reserves the right to destroy all file information seven (7) years
after the project is closed.
19. SURVIVAL
In the event of termination, cancellation or avoidance of this AGREEMENT,
the terms and conditions of Articles 3 (Site Access, Site Conditions and
Subsurface Features), 4 (Biological Pollutants, Hazardous Materials and
Hazardous Conditions), 5 (Evolving Technologies), 11 (Insurance), 12
(Allocation of Risk), 14(Governing Law), and 15 (Dispute Resolution) shall
survive termination of the AGREEMENT.
END OF TERMS
CEC PROFESSIONAL SERVICES (Rev. 1, 3/1/22)