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[Extraction: OCR (rendered-page OCR)]
CITY OF WEST CHICAGO
CITY COUNCIL
AGENDA ITEM SUMMARY
ITEM TITLE:
AGENDA ITEM NUMBER: 7.C.
Property Tax Abatement — Suncast at 705
Discovery Drive (Second Building) FILE NUMBER:
Ordinance 23-0-0021 COMMITTEE AGENDA DATE: N/A
COUNCIL AGENDA DATE: July 3, 2023
STAFF REVIEW: Tom Dabareiner, AICP SIGNATURE
CITY ADMINISTRATOR REVIEW: Michael Guttman SIGNATURE
ITEM SUMMARY:
In 2021, the City Council and other participating units of government approved an Intergovernmental
Agreement with Discovery Drive Investors II, LLC for a partial property tax abatement to construct a second
Suncast facility at property commonly known as 705 Discovery Drive. The City approved the IGA via
Resolution No. 21-R-0049.
The developer and Suncast have met the terms of the IGA, so the taxing bodies must now approve the
attached Ordinance.
ACTIONS PROPOSED:
Staff recommends adoption of Ordinance No. 23-O-0021.
COMMITTEE RECOMMENDATION:
Having met the terms of the IGA, the taxing bodies are obligated to adopt the attached Ordinance. As
such, this item was not sent to Committee.

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[Extraction: OCR (rendered-page OCR)]
ORDINANCE NO. 23-0-0021
ORDINANCE PROVIDING FOR REAL ESTATE TAX ABATEMENT -
SUNCAST PROPERTY AT 705 DISCOVERY DRIVE
WHEREAS, the Illinois Property Tax Code, 35 ILCS 200/18-165, authorizes any taxing
district to abate its taxes in relation to a specific property; and
WHEREAS, in "An Intergovernmental Agreement Between the City of West Chicago,
DuPage Airport Authority, West Chicago Library District, West Chicago Fire Protection District,
West Chicago Elementary School District 33, Community High School District 94 and Discovery
Drive Investors II, LLC in Regard to a Property Tax Abatement Relative to the Development of the
Discovery Drive Investors I, L.L.C.’s Property," dated August 24, 2021 ("IGA"), the City Council
of the City of West Chicago previously determined it to be in its best interests to abate a portion of
its taxes on the real estate legally described in Exhibit 1, attached hereto and made a part hereof
("Subject Property"), in order to encourage a commercial firm to redevelop the Subject Property;
and
WHEREAS, the conditions of the IGA for the abatement of a portion of the taxes on the
Subject Property have been met; and
WHEREAS, in the IGA, this City Council previously determined such abatement of taxes
to be in the best interests of its taxpayers in order to encourage a commercial firm to redevelop the
Subject Property, increase the tax base, and increase employment opportunities.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of
West Chicago, DuPage County, Illinois, as follows:
Section 1. This City Council hereby finds that all of the recitals contained in the
preambles to this Ordinance are full, true and correct and does now incorporate the same herein by
reference.
Section 2. The County Clerk of DuPage County, Illinois is hereby ordered to abate the real
estate taxes to be extended on the Subject Property, on behalf of the City of West Chicago according
to the rate set forth in Section 3 below, but excluding any levy or levies for debt service ("Abatement
Rate"), commencing at the start of the next calendar year after the year in which this Ordinance is
passed and continuing for a maximum of ten (10) years. However, in no event shall the aggregate
abatement of real estate taxes levied against the Subject Property by the City of West Chicago,
together with real estate taxes levied against the Subject Property and abated in previous and future
years by all other taxing districts, exceed the total of Four Million and No/100 Dollars
($4,000,000.00).
Section 3. The Abatement Rate shall be Fifty Percent (50%) of the real estate taxes to be
extended on the Subject Property on behalf of the City of West Chicago.

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[Extraction: OCR (rendered-page OCR)]
Section 4. The Mayor and Clerk of the City of West Chicago are hereby authorized and
directed to execute this Ordinance and cause a certified copy of the same to be filed with the County
Clerk of DuPage County, Illinois.
Section 5. This Ordinance shall be in full force and effect upon its adoption and
publication.
PASSED THIS ___ day of July, 2023.
Alderman D. Beebe _ Alderman L. Chassee _
Alderman J. Sheahan ee Alderman H. Brown ee
Alderman A. Hallett ee Alderman C. Dettmann ee
Alderman M. Birch-Ferguson ee Alderman S. Dimas _
Alderman C. Swiatek _ Alderman J. Smith _
Alderman J. Short _ Alderman R. Stout _
Alderman J. Morano _ Vacant _
APPROVED as to form:
Patrick K. Bond, City Attorney
APPROVED this __ day of July, 2023.
Ruben Pineda, Mayor
ATTEST:
Valeria Perez, Executive Office Manager
PUBLISHED:

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EXHIBIT 1
Legal Description of Subject Property
P.I.N.: 04-07-400-025
Common address: 705 Discovery Drive, West Chicago, Illinois 60185
LOT 22 IN DUPAGE BUSINESS CENTER - NORTH ASSESSMENT PLAT LOT 22, OF PART OF
THE SOUTHEAST AND SOUTHWEST QUARTERS OF SECTION 7, TOWNSHIP 39 NORTH,
RANGE 9, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT
THEREOF RECORDED AUGUST 13, 2021 AS DOCUMENT R2021-122543, IN DUPAGE
COUNTY, ILLINOIS.

===== PDF PAGE 40 =====
[Extraction: OCR (rendered-page OCR)]
Item #7. D.
RESOLUTION NO. 23-R-0058
RESOLUTION AUTHORIZING MAYOR TO EXECUTE A CERTAIN
AGREEMENT WITH CIVIL & ENVIRONMENTAL CONSULTANTS, INC. —
ENVIRONMENTAL REVIEW — COMMUNITY PARK
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 the Civil & Environmental
Consultants, Inc. for the Environmental Review associated with the Community Park,
in substantially the form attached hereto and incorporated herein as Exhibit “A”, for
an amount not to exceed $69,330.00.
APPROVED this 3" day of July 2023
AYES:
NAYES:
ABSTAIN:
ABSENT:
Mayor Ruben Pineda
ATTEST:
Executive Office Manager, Valeria Perez

===== PDF PAGE 41 =====
[Extraction: OCR (rendered-page OCR)]
Civil & Environmental Consultants, Inc.
June 13, 2023
Mr. Michael Guttman
City of West Chicago
475 Main St
West Chicago, Illinois 60185
Via email: mguttman@westchicago.org
Subject: Kerr-McGee Superfund Remediation Project
Department of Housing and Urban Development Environmental
Review Support Services — Phase 2
CEC Project 331-603
Dear Mr. Guttman:
Civil & Environmental Consultants, Inc. (CEC) is pleased to submit this proposal to the City of
West Chicago (the City) to prepare an Environmental Assessment (EA) of the proposed new park
project at the Kerr-McGee site in West Chicago, Illinois. The following presents our estimated
costs to complete the scope of work necessary for the City to receive Department of Housing and
Urban Development (HUD’s) grant funds.
PROJECT UNDERSTANDING / SCOPE OF SERVICES
As part of this scope of work, CEC will assist the City with development of the environmental
review record (ERR) as specified in 24 CFR Section 58.5, anticipated to be an EA, for the proposed
project. The ERR will contain some or all of the following documentation as described in the HUD
ER regulations:
e ERR summary sheet;
e Determination form;
e Description of project (including site plans, photos, renderings, etc.);
e Determine level ER required;
e Compliance checklist;
e Statutory worksheet and statutory checklist;
e Environmental assessment worksheet and environmental assessment checklist (if
applicable);
e Agency correspondence (as required);
e Public notices (as required); and
e Finding of no significant impact, including written determinations or environmental
findings (if applicable).
1230 East Diehl Road, Suite 200 | Naperville, IL 60563 | p: 630-963-6026 f: 630-963-6027 | www.cecinc.com

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[Extraction: OCR (rendered-page OCR)]
Mr. Michael Guttman — City of West Chicago
CEC Project 331-603
Page 2
June 13, 2023
The final ERR for the project can then be uploaded to HUD’s Environmental Review Online
System as a partner user.
We propose to complete this work as follows:
e Phase II:
o Task 4: Prepare the appropriate ERR.
o Task 5: Prepare materials and coordinate agency involvement.
o Task 6: Prepare the appropriate decision documents.
ESTIMATED COSTS
The estimated fee for Phase 2 is $69,330, breakdown provided below by task, which will be billed
on a time and materials basis in accordance with our attached schedule of fees.
2SOW
2a
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.
Civil & Environmental Consultants, Inc.

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[Extraction: OCR (rendered-page OCR)]
Mr. Michael Guttman — City of West Chicago
CEC Project 331-603
Page 3
June 13, 2023
CLOSING
CEC appreciates this opportunity to provide professional consulting services to the City of West
Chicago for Phase 2 of this project. If you have any questions or comments regarding this proposal,
please do not hesitate to contact us by telephone at 630-963-6026.
Respectively submitted,
Sincerely,
CIVIL & ENVIRONMENTAL CONSULTANTS, INC.
Lou 4M wy CMeh Porte
Lisa Mash, PMP Leo D. Lentsch
Project Manager Senior Principal
Enclosures: Schedule of Fees
Schedule of Terms and Conditions
Civil & Environmental Consultants, Inc

===== PDF PAGE 44 =====
[Extraction: OCR (rendered-page OCR)]
SCHEDULE OF FEES

===== PDF PAGE 45 =====
[Extraction: OCR (rendered-page OCR)]
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: i 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 | $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

===== PDF PAGE 46 =====
[Extraction: OCR (rendered-page OCR)]
SCHEDULE OF TERMS AND CONDITIONS

===== PDF PAGE 47 =====
[Extraction: OCR (rendered-page OCR)]
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,
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.
SITE CONDITIONS AND SUBSURFACE
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,
regulation 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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[Extraction: OCR (rendered-page OCR)]
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
rights 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)