MANAGING ENVIRONMENTAL

CONSULTING SERVICES AGREEMENT

BETWEEN

BOARD OF EDUCATION OF THE CITY OF CHICAGO

AND
CARNOW CONIBEAR & ASSOCIATES

CONSULTING SERVICES AGREEMENT

THIS CONSULTING SERVICES AGREEMENT (the "Agreement') is made effective as
of the 15t day of August, 2011 (the "Effective Date"), and is entered into by and between the
Board of Education of the City of Chicago, a body politic and corporate (the "Board"), and
Camow, Conibear & Associates ("Consultant').
RECITALS:
A.
On or about March 4, 2011, the Board issued a Request for Proposals for Managing
Environmental Consulting Services (the "RFP") to the Board over a thirty-six (36) month period
from the Effective Date;
B.
Consultant responded to the RFP and was deemed qualified by the Board based upon
Consultant's response and submittals;
C.
Consultant has demonstrated expertise in providing such services, has represented that it
has the requisite knowledge, skill, experience and other resources necessary to perform such
services, and is desirous of providing such services for the Board.
D.
The Board desires that Consultant become a Managing Environmental Consultant
("MEC") to provide the professional services more fully described herein; and
NOW, THEREFORE, in consideration of the foregoing Recitals and other good and
valuable consideration in hand paid, the receipt and sufficiency of which is hereby
acknowledged, and in consideration of the mutual promises, covenants and undertakings set forth
herein, the parties hereby agree as follows.
1.

Incorporation of Recitals. The matters recited above arc hereby incorporated into and
made a part of this Agreement as though set forth in full.

2.

Term:
2.1
Initial Term. This Agreement is for an initial term commencing August I, 20 II
and continuing through July 31, 20 14 (the "Initial Term"), unless terminated sooner as
provided herein.
2.2
Options to Renew. Subject to approval of the Board, the Board shall have the
option to renew this Agreement for two (2) additional two (2) year periods (the "Renewal
Term(s)") by written notice to Consultant prior to the end of the Initial Term or, where
applicable, any Renewal Term. The terms and conditions of this Agreement as they may
be amended from time to time shall apply to any Renewal Term.

N:Legal Share/Contracts Group/Thomas/Managing Environmental ConsullantsiCarnow Conibear

3.

Scope of Services.
3.1
Scope of Services: Consultant agrees to provide the services for the Board as set
forth on Exhibit A including the deliverables set forth thereon ("Services"), in accordance
with the terms and conditions of this Agreement. The Chief Operating Officer of the
Board ("COO") retains final authority with respect to all Services related decisions. The
COO may, from time to time, request changes in the Services. Any such changes,
including any increase or decrease in Consultant's fees, shall be documented by an
amendment to this Agreement.
3.2
Right of Entry. Consultant shall be permitted to enter the various Board properties
located in the City of Chicago, including, but not limited to, all of the Chicago Public
Schools and other properties now owned or controlled or to be owned and controlled by
the Board (the Property or "Properties") in connection with the performance of the
Services hereunder, subject to the terms and conditions contained herein and those rules
established by the Board. Consultant shall provide advance notice to the COO and the
principal of any school Property, if applicable, of any intended entry. Consent to enter a
school Property given by the principal or the COO shall not create, nor be deemed to
imply, the creation of any additional responsibilities on the part of the Board. Consultant
shall use the highest degree of care when entering the Properties in connection with the
Services. In the case of any Property owned or leased by the Board, or leased from the
Board, Consultant shall comply with any and all instructions and requirements for the use
of such Property, any licenses for which are incorporated herein by reference and made a
part hereof. Any and all claims, suits or judgments, costs, or expenses, including
attorney's fees, arising from, by reason of, or in connection with any such entries shall be
treated in accordance with the applicable terms and conditions of this Agreement,
including, without limitation, the indemnification provisions contained herein.

4.

Compensation
4.1
Initial Term. Compensation for Services during the Initial Term and any Renewal
Term shall be billed at the hourly rates set forth in Exhibit B, plus allowable reimbursable
expenses ("Reimbursable Expenses") set forth in Section 4.4. The hourly rates set forth in
Exhibit B include, without limitation, Consultant's overhead and profit, cost of premiums
for insurance required under this Agreement, all federal, state, and local taxes applicable
to Consultant's Services and all other expenses, other than the allowable Reimbursable
Expenses.
4.2
Basis of Compensation. Compensation for Services shall be based on actual
Services performed during the Initial Term or any Renewal Term. The Board shall not
be obligated to pay for any services not in compliance with this Agreement. In the event
of early termination of this Agreement, the Board shall only be obligated to pay for
Services provided by Consultant up to the date of termination, plus Reimbursable
Expenses incurred prior to the date of termination. In no event shall the Board be liable

N:Legal Share/Contracts Group/Thomas/Managing

Environmental Consultants/Curnow Conibcar

for any Services performed or Reimbursable Expenses incurred after the effective date of
termination as provided herein. Consultant is not entitled to any payment nor is the
Board obligated to pay Consultant any amount solely by virtue of entering into this
Agreement. This Agreement is intended to govern the relations between the Board and
Consultant in connection with any and all projects or work assigned to Consultant.
4.3
Payment. Consultant shall submit invoices each month to the Program Manager,
referencing this Agreement, for actual time spent performing the Services by Consultant's
assigned personnel, per the hourly billing rates set forth in Exhibit B, plus Reimbursable
Expenses. Invoices shall be accompanied by such supporting documentation as may be
requested by the Board. The Board shall process payment in its normal course of
business.
4.4.

Final invoice. Consultant's final invoice must include:

A.
Fax confirmation of notification to the Illinois Department of
Public Health on form
IIA28-1034 or form IL 482-1034, where
applicable;
B.
The cover sheet must have the word "final" on it; and
Copy of the punch list with school engineer or principal signature.
4.4.1. All invoices must include two (2) copies (submitted together) of the
Purchase Order from the Board.
4.4.2 All invoices from an asbestos project manager must
documentation showing the Consultant is identified as such to the IDPH.
4.4.3

include

For reimbursable reprographic expenses:

A.

The reproduction vendor invoice must be attached to invoice;

B.
If over 50 in-house copies are made, a print count out and affidavit
must be submitted; and
C.
All in-house page amounts shall be charged as follows:
BlacklWhite=$.02/page
Color=$.05/page.
4.4.4

For reimbursable laboratory analytical costs:

A.

Chain of custody must be included in the invoice; and

N :Legal Share/Contracts GroupfThomasiManaging Environmental Consultants/Carnow Conibear

B.
Certifications required by state, federal, and local agencies
(including the Board) must be included in all invoices, unless the Board
has a current copy on file.
4.4.S

Invoices will be rejected by the Board if:

A.
Consultant's invoices are for more than the amount approved in the
Purchase Order ("PO");
B.
The Consultant exceeds any line item;
C.

Consultant's business diversity reporting is not current; and

D.
Consultant's project oversight invoice is not received within thirty
(30) days after final clearance.
4.S
Reimbursable Expenses. Consultant shall bill for the expenses set forth below at
cost with no mark-up ("Reimbursable Expenses"). Upon request of the COO or designee,
Consultant's monthly invoices shall be accompanied by canceled checks, receipted bills or
other evidence satisfactory to the COO of Consultant's payment of the Reimbursable
Expenses.
4.S.1 Transport Expenses. Consultant shall be reimbursed for expenses to
transport Board employees traveling in conjunction with the Services (approved in
advance, in writing, by the COO and subject to the Board's per diem limit for
employee travel), but not including travel and expenses within a SO-mile radius of
downtown Chicago. Any expenses incurred by the Consultant to transport its
own employees in conjunction with the Services are not Reimbursable Expenses
unless approved in writing by the COO or designee.
4.S.2
Delivery, Courier and Messenger Services. The Consultant shall use the
most cost effective means of shipping unless instructed by the COO or designee to
use an alternate method.
4.S.3
Reprographic Services. Any expenses incurred as a result of reprographic
services.
4.5.4
Laboratorv Analysis. When a laboratory owned or operated by the
Consultant does the analysis, the reimbursable cost will not exceed the lowest rate
charged by commercial laboratories (including shipping if applicable).
4.5.5 Sampling Supplies. Any expenses incurred related to disposable or
one-time use only sampling supplies actually used for an approved work
assignment. If supplies are purchased in bulk, the cost shall be prorated to reflect
only the cost of supplies actually used for the approved work assignment.
N.Legal Share/Contracts GroupfThomaslManaging Envirorunental Consultants/Comow Conibear

4.5.6 Rental of Equipment. Any expenses incurred for the rental of equipment
as approved by the COO or designee.
4.5.7 Subcontractors.
Subcontractors must be compensated on the same
compensation basis as the Consultant is compensated hereunder. Usc of
Subcontractors shall be in compliance with all other provisions of this Agreement.
Use of Subcontractors not specified in the Consultant's submittal must receive the
prior written approval from the COO or designee.
4.5.8 Other Expenses. Other expenses incurred by Consultant which are
approved in writing by the COO or designee.
No other expenses are or shall be reimbursable.
4.6
Maximum Compensation. In no event shall the compensation for all managing
environmental consultants, including Reimbursable Expenses for the Initial Term and any
Renewal Terms of this Agreement exceed those certain sums which have been authorized
by the Board through formal Board action.
4.7
Non-Appropriation. Expenditures not appropriated in the current fiscal year
budget are deemed to be contingent liabilities only and are subject to appropriation in
subsequent fiscal year budgets. If sufficient funds are not appropriated in a subsequent
fiscal year by the Board for performance under this Agreement, the Board shall notify
Consultant and this Agreement shall terminate on the last day of the fiscal period for
which funds were appropriated.
5.

Standards of Performance.
5.1
Standards. Consultant shall devote, and shall cause all of its statT and
subcontractors to devote, such of their time, attention, best skill and judgment, knowledge
and professional ability as is necessary, in the reasonable judgment of the COO, to
perform the Services effectively, efficiently and consistent with the best interests of the
Board.
5.2
Staff. Consultant shall retain and utilize sufficient statT to assure the most
effective and efficient performance of the Services and shall utilize, as required by law or
by this Agreement, professionals licensed to practice in the State of Illinois in the
applicable profession. Consultant shall provide the Board with copies of applicable
licenses for all analytical laboratories used by Consultant in rendering the Services.
5.3
Business Practices and Methods. Consultant shall use efficient business
administration methods and perform the Services in the best way and in the most
expeditious and economical manner consistent with the best interests of the Board, so as

N :Legal Share/Contracts GroupfThomasiManaging Environmental Consultants/Camow Conibcar

to assure, among other things, that the Services are performed at a reasonable cost to the
Board and that Services performed by other entities or persons in connection with the
Properties are efficiently and cost effectively delivered.
5.4
Relationship. Consultant acknowledges and accepts a relationship of trust and
confidence with the Board and agrees to cooperate with the COO, the Program Manager
and all other persons or entities which may be retained by the Board, in performing
Services to further the best interest of the Board.
5.5
Board Satisfaction. Consultant shall perform all Services to the reasonable
satisfaction of the COO.
5.6
Staffing. Consultant acknowledges that the Board is relying on the expertise of the
Key Personnel in performing the Services required hereunder. Consultant agrees to
remove any personnel from performing Services upon written direction from the COO or
designee and shall bear any cost associated with removal of any personnel if such
removal is for cause.
6.

Audit and Document Retention.

6.1
Audit: Consultant shall permit and cooperate in a periodic audit by Board statT or
Board appointed auditors of the Services performed by Consultant for compliance with
this Agreement. Failure of Consultant to comply in full and cooperate with the requests
of the COO, designees, or its agents shall give the Board, in addition to all other rights and
remedies hereunder, the right to charge Consultant for the cost of such audit.
6.2
Document Retention: Consultant shall furnish the Board with such information
as may be requested relative to the progress, execution and costs of the Services.
Consultant shall maintain all records, correspondence, receipts, vouchers, memoranda
and other data relating to Consultant's Services under this Agreement (collectively
"Records"). If such Records fail to meet Board protocol for reporting, the COO shall
have the option to reject such Records and require Consultant to re-submit such Records
following Board protocol, at no cost to the Board.
6.3
Retention Period. All such Records referenced above shall be retained for five (5)
years after completion of Services and shall be subject to inspection and audit by the
Board.
6.4
Subcontractors.
Consultant shall include, in all subcontractor agreements,
provisions requiring such subcontractor to maintain and retain its records as provided
herein and to allow the Board the same right of audit as provided above.

N :Legal Share/Contracts Groupffhomas/Managing

Environmental ConsuhantsiCamow

Conibear

7.

Termination.
7.1
Tennination for Convenience. If, at any time during the Initial Term or any
Renewal Term, the Board determines, in its sole discretion, that the Services provided by
Consultant are no longer in its best interest, the Board has the option to terminate this
Agreement on thirty (30) calendar days written notice to the Consultant ("Tennination for
Convenience").
7.2
Suspension of Services. The Board may, on thirty (30) calendar days written
notice, request that Consultant suspend Services in whole or in part. Consultant shall
promptly resume performance of Services upon further written notice from the Board and
upon such equitable extension of time as may be mutually agreed upon in writing by the
COO and Consultant. Responsibility for any additional costs or expenses actually
incurred by Consultant as a result of remobilization shall be determined by mutual
agreement of the parties.
7.3
Consultant Events of Default.
but are not limited to, the following:

Events of default ("Events of Default") include,

A.
Any material misrepresentation by Consultant in the inducement of
this Agreement or the performance of Services;
B.
Breach of any agreement, representation or warranty made by
Consultant in this Agreement;
C.
Failure of Consultant to perform in accordance with or comply
with the terms and conditions of this Agreement, including, but not limited
to, the following:
i
Action or failure to act which affects the safety and/or
welfare of students or Board staff;
ii.
Failure to perform in accordance with terms, conditions and
specifications of this Agreement;
iii.
Failure to provide any portion of the Services at the time
fixed for performance and in the manner specified;
iv.
Failure to perform the Services with sufficient personnel,
licensed professionals, or with sufficient equipment or materials to
ensure the performance of the Services due to a reason or
circumstances within Consultant's reasonable control;

N :Legal Share/Contracts

GroupfThomaslManaging

Environmental

ConsultantsiCarnow

Conibear

v.
Failure to perform the Services in a manner satisfactory to
the COO;
vi.
Failure to promptly re-perfonn Services determined by the
Board to be incomplete or unsatisfactory within a reasonable time
after such determination;
vii.
Discontinuance of the Services for reasons not beyond
Consultant's reasonable control; or
Failure to comply with any term of this Agreement,
including but not limited to, the provisions concerning insurance
and nondiscrimination, and any other acts specifically and
expressly stated in this Agreement constituting an Event of
Default.
VI1l.

D.
Default by Consultant under any other agreement Consultant may have
with the Board; and
E.
Assignment by Consultant for the benefit of creditors or consent by
Consultant to the appointment of a trustee or receiver or the filing by or against
Consultant of any petition or proceeding under any bankruptcy, insolvency or
similar law.
7.4
Consultant Default and Remedies. Upon the occurrence of an Event of Default,
which Consultant fails to cure within thirty (30) calendar days after receipt of notice
given in accordance with the terms of this Agreement, specifying the Event of Default,
the Board may declare Consultant in default; provided however, if such Event of Default
cannot be reasonably cured within thirty (30) calendar days after notice, and Consultant
has failed to commence or continue diligent efforts to cure, in the sole of opinion of the
Board, the Board may declare Consultant in default. Whether or not to declare
Consultant in default is within the sole discretion of the COO. Written notification of an
intention of the Board to terminate this Agreement, in whole or in part shall be provided
and shall be final and effective upon Consultant's receipt of such notice. Upon the giving
of such notice as provided in this Agreement, the Board may invoke any or all of the
following remedies:
A..
To have the Services completed at the expense of Consultant either
directly or through others, and all costs and expenses, including reasonable
attorneys' fees, incurred by the Board in connection with or as a result of an
uncured default, together with the costs of completing the Services, shall be
deducted from any monies due or to become due under this Agreement. In case
such costs or expenses are greater than the sum which would have been due and

N:Lcgal Share/Contracts Group/Thomas/Managing Envirorunental Consultants/Camow Conibear

payable under this Agreement, Consultant shall be liable and shall pay the
difference to the Board upon demand.
B.
The right to terminate this Agreement, in whole or in part, as to any or all
of the Services yet to be performed effective at a time specified by the Board;
C.
The right to suspend Services during the thirty (30) day cure period if the
Event of Default is the result of Consultant's action or failure to act which affects
the safety and/or welfare of students or Board staff;
D.
The right to specific performance, an injunction or any other appropriate
equitable remedy;
E.
The right to receive from Consultant any and all damages incurred as a
result or in consequence of an Event of Default;
F.

The right to money damages;

G.
The right to withhold all or part of Consultant's compensation under this
Agreement;
H.
The right to deem Consultant non-responsible in future contracts to be
awarded by the Board, pursuant to the Board's Debarment Policy on
Non-Responsible Persons in Procurement Transactions (96-0522-P02), as may be
amended from time to time; and
If the Board considers it to be in its best interest, it may elect not to declare
Consultant in default or to terminate this Agreement. The parties acknowledge
that this provision is solely for the benefit of the Board and that, if the Board
permits Consultant to continue to provide the Services despite one or more Events
of Default, the Consultant shall in no way be relieved of any responsibilities,
duties or obligations under this Agreement, nor shall the Board waive or
relinquish any of its rights or remedies under this Agreement or at law or equity or
statute.
The remedies under the terms of this Agreement are not intended to be exclusive
of any other remedies provided, but each and every such remedy shall be
cumulative and shall be in addition to any other remedies, existing now or
hereafter, at law, in equity or by statute. No delay or omission to exercise any right
or power accruing upon any Event of Default shall be construed as a waiver of any
Event of Default or acquiescence thereto, and every such right and power may be
exercised from time to time and as often as may be deemed expedient.

N:Legal Share/Contracts GroupfThomaslManaging Environmental ConsullantsiCarnow Conibear

Any amounts claimed due the Board may also be offset against any amount due
Consultant under any other agreement Consultant may have with the Board. In
case such amounts claimed due the Board are greater than the sum which would
have been due and payable to Consultant under any other agreement that
Consultant may have with the Board, Consultant shall be liable and shall pay the
difference to the Board upon demand.
7.S
Conversion to Termination for Convenience. If a court of competent jurisdiction
determines that the Board has wrongfully terminated this Agreement pursuant to the
terms of paragraph 7.4, then the termination shall be considered a Termination for
Convenience as if pursuant to the provisions of Section 7.1.
7.6
Turnover of Documents and Records. After termination of this Agreement for
any reason or the expiration of this Agreement by its terms, Consultant shall tum over to
the Board within three (3) days of demand, all materials, supplies, equipment owned or
purchased by the Board, completed or partially completed work analyses, data, computer
disks, documents and any other information relating in any way to this Agreement or the
performance or furnishing of Services, except that Consultant may keep a copy of such
information for its own records.
8.

Confidential Information. Dissemination of Information. Ownership. Survival.

8.1
Confidential Information. In the performance of Services, Consultant may have
access to or receive certain information that is not generally known to others
("Confidential Information").
8.2
Confidentiality Obligations. Consultant agrees not to use or disclose to any third
party, except in the performance of Services, any Confidential Information or any records,
reports or documents prepared or generated as a result of this Agreements, without the
prior written consent of the Board.
8.3
Dissemination of Information. Consultant shall not issue publicity news releases
or grant press interviews or, except as may be required by law during or after the
performance of the Services, disseminate any information regarding Services without the
prior written consent of the COO. If Consultant is presented with a request for documents
by any administrative agency or with a subpoena duces tecum regarding any records, data,
or other documents which may be in Consultant's possession by reason of Services under
this Agreement or the Services being performed, Consultant shall immediately give
notice to the COO and the Board's General Counsel with the understanding that the
Board shall have the opportunity to contest such process by any means available to it
before such records, data, or other documents are submitted to a court, administrative
agency or other third party; provided, however, that Consultant shall not be obligated to
withhold such delivery beyond the time ordered by the court or administrative agency,
unless the subpoena or request is quashed or the time to produce is otherwise extended.

N .Legal Share/Contracts

Groupl1ltomaslManaging

Environmental

Consultants/Carnow

Conibear

8.4
Staff. Consultant agrees to cause its staff and or subcontractors, if any, to
undertake the same obligations of confidentiality agreed to by Consultant under this
Agreement.
8.5
Ownership. All records, reports, documents and other materials prepared by
Consultant in performing Services, as well as all records, reports, documents and other
materials containing Confidential Information, prepared or generated as a result of this
Agreement, shall at all times be and remain the property of the Board. All of the above
items shall be delivered to the Board upon demand at any time and in any event, shall be
promptly delivered to the Board upon expiration or termination of this Agreement. In the
event any of the above items are lost or damaged while in Consultant's possession, such
items shall be restored or replaced at Consultant's expense.
8.6
Survival. The provisions of this Section 8 shall survive the termination or
expiration of this Agreement.
9.
Representations and Warranties of Consultant.
Consultant represents and warrants
that the following were true and correct as of the effective date of this Agreement and shall
continue to be true and correct (as may be modified from time to time, subject to Board approval)
during the Initial Term and any Renewal Term of this Agreement:
9.1
Contractor Disclosure Form.
The disclosures in this Agreement or the
Contractor's Disclosure Form submitted by Consultant to the Board's Department of
Procurement and Contracts are true and correct as of the date of submission and shall
remain true and correct during the Term and any extension and renewal thereof.
Consultant shall promptly notify the Board of any material change in information set forth
therein, including, but, not limited to, change in ownership or control, and any such
change shall be subject to Board approval, which shall not be unreasonably withheld.
9.2
Licensed Professionals. The Services required by law or by this Agreement to be
performed by professionals shall be performed by professionals licensed to practice by the
State of Illinois in the applicable professional discipline.
9.3
Financially Solvent. Consultant warrants that it is financially solvent, is able to
pay all debts as they mature and is possessed of sufficient working capital to complete all
Services and perform all obligations under this Agreement.
9.4
Technical Accuracy. Consultant warrants that it has specialized knowledge and
expertise in the Services and that all Services shall be performed in a technically accurate
and correct manner and in accordance with the degree of care and skill ordinarily
exercised by professionals performing similar services under similar conditions ..

N.Legal Share/Contracts Group/Thomas/Managing Environmental ConsultantslCarnow Conibcar

9.5
Compliance with Laws. Consultant is and shall remain in compliance with all
local, state and federal laws, ordinances, regulations and statutes (collectively "laws")
relating to this Agreement and the performance of Services, including, but not limited to,
the Prevailing Wage Act, 820 ILCS 130/1 et seq., the Drug-Free Workplace and any other
laws referenced in this Agreement relating to non-discrimination. Further, Consultant is
and shall remain in compliance with all Board policies and rules, including, but not
limited to, tuberculosis testing and criminal background checks.
9.6
Gratuities. No payment, gratuity or offer of employment was made to Consultant
(or any of its members if a joint venture or limited liability company) or, to the best of
Consultant's knowledge, to any subcontractors, in relation to this Agreement or as an
inducement for the award of this Agreement. Consultant is and shall remain in
compliance with all applicable anti-kickback laws and regulations.
9.7
Ethics. No officer, agent or employee of the Board is or shall be employed by
Consultant or any of its members or has or will have a financial interest, directly or
indirectly, in this Agreement or the compensation to be paid hereunder except as may be
permitted in writing by the Board's Ethics Policy (11-0525-P02), adopted May 25, 2011.
as may be amended from time to time, which Ethics Policy is incorporated herein by
reference as if fully set forth herein.
9.8
Good Standing. Consultant is not in default or has not been deemed by the Board's
Chief Purchasing Officer to be in default under any other agreement with the Board
during the five (5) year period immediately preceding the Effective Date, and has not
been debarred under the Board's Debarment Policy during the three (3) year period
immediately preceding the effective date of this Agreement.
9.9
Authorization. Consultant has taken all action necessary for the approval and
execution of this Agreement, and execution by the person signing on behalf of Consultant
is duly authorized by Consultant and has been made with complete and full authority to
commit Consultant to all terms and conditions of this Agreement which shall constitute
valid, binding obligations of Consultant.
10.

Independent Contractor.
It is understood and agreed that the relationship of
Consultant to the Board is and shall continue to be that of an independent contractor and
neither Consultant nor any of Consultant's members, staff, agents or employees shall be
entitled to receive Board employee benefits. It is further understood and agreed that the
Board is not responsible for, nor shall it incur any liability for, any state or federal
withholding or other taxes or for FICA or state unemployment insurance for Consultant
or any of its members, staff, agents or employees and the payment of any such taxes
incurred or due shall be the sole responsibility of Consultant or its members, staff, agents
or employees. Consultant agrees that neither Consultant nor its members shall represent
themselves as employees or agents of the Board. Consultant shall provide the Board with
a valid taxpayer identification number as defined by the United States Internal Revenue

N :Legal Share/Contracts

GroupfThomas/Managing

Environmental

ConsultantslCamow

Conibear

Code, including, but not limited to, a social security number or a federal employer
identification number.
11.

Indemnification/Non
11.1

Liability of Board Officials.

Indemnification:
Consultant agrees to defend, indemnity and hold harmless the
Board, its members, employees, agents, officers and officials from and against
liabilities, losses, penalties, damages and expenses, including costs and attorney
fees, arising out of all claims, liens, damages, obligations, actions, suits,
judgments or settlements, or causes of action, of every kind, nature and character
arising or alleged to arise out of the negligent or willful acts or omissions of the
Consultant, its officers, agents, employees and subcontractors in the performance
of this Agreement. This includes, but is not limited to, the unauthorized use of
any trade secrets, patent infringement, or trademark or copyright violation.
Consultant shall, at its own cost and expense, appear, defend and pay all attorney
fees and, other costs and expenses arising hereunder. In addition, if any judgment
shall be rendered against the Board in any such action, the Consultant shall, at its
own expense, satisfy and discharge such obligation of the Board. The Board shall
have the right, at its own expense, to participate in the defense of any suit, without
relieving the Consultant of any of its obligations hereunder. The Board retains
final approval of any and all settlements or legal strategies which involve the
interest of the Board.
However, if Consultant, after receiving notice of any such proceeding, fails to
immediately begin the defense of such claim or action, the Board may (without
further notice to Consultant) retain counsel and undertake the defense, compromise,
or settlement of such claim or action at the expense of Consultant, subject to the
right of Consultant to assume the defense of such claim or action at any time prior to
settlement, compromise or final determination thereof. The cost and expense of
counsel retained by the Board in these circumstances shall be borne by Consultant
and Consultant shall be bound by, and shall pay the amount of any settlement,
compromise, final determination or judgment reached while the Board was
represented by counsel retained by the Board pursuant to this paragraph, or while
Consultant was conducting the defense.
To the extent permissible by law, Consultant waives any limits to the amount of
its obligations to defend, indemnify, hold harmless, or contribute to any sums due
under any losses, including any claim by any employee of Consultant that may be
subject to the Workers Compensation Act, 820 ILCS 30511 et seq. or any other
related law or judicial decision (such as Kotecki v. Cyclops Welding Corporation,
146 Ill. 2nd 155 (1991. The Board, however, does not waive any limitations it
may have on its liability under the Illinois Workers Compensation Act, the Illinois
Pension Code, any other statute or judicial decision.

NiLegal Share/Contracts

Group/Thomas/Managiug

Environmental

ConsultanrsCarnow Couibear

The indemnities set forth herein shalI survive the expiration or termination of this
Agreement.
11.2 Non-Liability of Board Officials:
Consultant agrees that no Board
member, employee, agent, officer or official shall be personally charged by
Consultant, its members if a joint venture, or any subcontractors with any liability
or expense under this Agreement or be held personally liable under this
Agreement to Consultant, its members if a joint venture, or any subcontractors.
12.
Insurance: Consultant, at its own expense, shalI procure and maintain insurance covering
all operations under this Agreement, whether performed by Consultant or subcontractors. AlI
insurers shall be licensed by the State of Illinois and rated A-VII or better by A.M. Best or a
comparable rating service. Consultant shall submit to the Board satisfactory evidence of
insurance coverage prior to commencement of Services under this Agreement Minimum
insurance requirements are:
12.1 Workers Compensation and Employers Liability. Workers' Compensation and
Employers' Liability Insurance. Workers' Compensation Insurance affording workers'
compensation benefits for all employees as required by law and Employers' Liability
Insurance covering all Consultant's employees who perform the Services, with limits of
not less than Five-Hundred Thousand and 00/100 Dollars ($500,000.00) per occurrence.
12.2 Commercial General Liability (Primary and Umbrella). Commercial General
Liability Insurance or equivalent with limits of not less than One Million and 00/100
($1,000,0001 per occurrence for bodily injury, personal injury, and property damage
liability.
Coverages must include the following: AlI premises and operations,
products/completed operations, (for minimum of two (2) years following project
completion), explosion, collapse, underground, separation of insureds, defense, and
contractual liability (with no limitation endorsement). The Board of Education of the
City of Chicago is to be named as additional insured on a primary, non-contributory basis
for any liability arising directly or indirectly from the Services.
12.3 Automobile Liability (Primary and Umbrella). When any motor vehicles
(owned, non-owned and hired) are used in connection with the Services, the Consultant
must provide Automobile Liability Insurance, with limits of not less than One Million
and 00/100 Dollars ($1,000,000) per occurrence for bodily injury and property damage.
The Board of Education of the City of Chicago is to be named as additional insured on a
primary, non-contributory basis.
12.4 Umbrella/Excess Liability Insurance.
Umbrella or Excess Liability Insurance
with limits of not less than One Million and 001100 Dollars ($1,000,000.00) per
occurrence, which will provide additional limits for Commercial General Liability
Insurance and Automobile Liability Insurance.
N:l.cgal Share/Contracts Group/Thomas/Managing

Environmental Consultants Camow ('onibear

12.5 Contractors
Pollution Liability.
When Services are performed which may
cause a pollution exposure, Contractors Pollution Liability must be provided covering
bodily injury, property damage and other losses caused by pollution conditions that arise
from the Services with limits of not less than One Million and 00/1 00 Dollars
($1,000,000) per occurrence. When policies are renewed or replaced, the policy
retroactive date must coincide with or precede the start of the Services under this
Agreement. A claims-made policy, which is not renewed or replaced, must have an
extended reporting period of two (2) years. The Board of Education of the City of
Chicago is to be named as an additional insured on a primary, non-contributory basis.
12.6 Professional Liability/Errors
& Omissions.
When any architects, engineers.
construction managers or other professional consultants perform Services in connection
with this Agreement, Professional Liability Insurance covering acts, errors. or omissions
must be maintained with limits of not less than One Million and 00/100 Dollars
($1,000,000). Coverage must include contractual liability. When policies arc renewed
or replaced, the policy retroactive date must coincide with, or precede, start of Services
under this Agreement. A claims-made policy, which is not renewed or replaced, must
have an extended reporting period of two (2) years.
12.7 Insurance Certificates. Before commencing Services under this Agreement, the
Consultant will have its insurance company, or its representative submit an insurance
certificate evidencing all coverage as required hereunder and indicating the Additional
Insured status as required above. The Board reserves the right to withhold payment
under this Agreement pending receipt of satisfactory proof of insurance meeting the
requirements set forth herein. The Certificate must provide thirty (30) days prior written
notice of material change, cancellation, or non-renewal be given to:
Risk Management
Board of Education of the City of Chicago
125 S. Clark Street, 7'h Floor
Chicago, Illinois 60603

Any failure of the Board to demand or receive proof of insurance coverage shall not
constitute a waiver of Consultant's obligation to obtain the required insurance. The
receipt of any certificate does not constitute agreement by the Board that the insurance
requirements in this Agreement have been fully met or that the insurance policies
indicated on the certificate are in compliance with all Agreement requirements.
Consultant's failure to carry or document required insurance shall constitute a breach of
this Agreement. In the event Consultant fails to fulfill the insurance requirements of this
Agreement, the Board reserves the right to stop all work until proper evidence of
insurance is provided, or this Agreement may be terminated.

N'Lcgal Share-Contracts

Group/Thomas/Managing

Environmental

ConsultantsCamow

Conibcar

Any deductibles or self-insured retentions on referenced insurance coverage must be

borne by Consultant. Any insurance or self-insurance programs maintained by the Board
do not contribute with insurance provided by the Consultant and subcontractors under this
Agreement. All Consultant and subcontractor insurance is considered by the parties to
this Agreement to be primary and collectible above all other coverage, including, but not
limited to, the Board's insurance and self-insurance.
All subcontractors are subject to the same insurance requirements of Consultant unless
otherwise specified in this Agreement. The Consultant shall require any subcontractors
under this Agreement to maintain comparable insurance naming the Consultant, the
Board inclusive of its members, employees and agents, and any other entity designated by
the Board, as Additional Insureds. The Consultant will maintain a file of subcontractor's
insurance certificates evidencing compliance with these requirements.
The coverages and limits furnished by Consultant in no way limit the Consultant's
liabilities and responsibilities specified within this Agreement or by law. The required
insurance is not limited by any limitations expressed in the indemnification language in
this Agreement, if any, or any limitation that might be placed on the indemnity in this
Agreement given as a matter of law.
The Consultant agrees that insurers waive their rights of subrogation against the Board.

13.
Safety Issues. The Consultant shall notify the Board's Risk Management office
of any safety concerns regarding the Services rendered under this Agreement. The
Consultant is primarily responsible to conduct the Services in a safe manner. The
Consultant shall assure that project budgets and schedules are met without compromising
the health and safety of students and staff or the environmental integrity of Board
Facilities.
14.
Non-Discrimination:
During the Term and any Renewal Term, if applicable,
Consultant shall not commit an unlawful employment practice as set forth in Section 14.1
below and Consultant shall be in compliance with the laws and regulations set forth in
Section 14.2 below.
14.1 Unlawful Employment Practices.- It is an unlawful employment practice
for Consultant or any of its members to fail or refuse to hire or to discharge any
individual, or otherwise to discriminate against any individual with respect to
compensation, or the terms, conditions, or privileges of employment, because of
such individual's race, color, religion, sex, sexual orientation, age, handicap or
national origin; or to limit, segregate, or classify employees or applicants for
employment from equal employment opportunities or otherwise adversely affect
an individual's status as an employee because of such individual's race, color,
religion, sex, age, handicap or national origin.
N .Legal Share/Contracts GroupffhomasIManaging Envirorunental Consultants/Curnow Conibear

14.2 Compliance. It shall be an unlawful employment practice for Consultant

or any of its subcontractors to fail or refuse to hire or to discharge any individual,
or otherwise to discriminate against any individual with respect to compensation,
or the terms, conditions, or privileges of employment, because of such individual's
race, color, religion, sex, age, disability or national origin; or to limit, segregate, or
classify employees or applicants for employment from equal employment
opportunities or otherwise adversely affect an individual's status as an employee
because of such individual's race, color, religion, sex, age, disability or national
origin. Consultant shall comply with the Civil Rights Act of 1964 as amended, 42
V.S.C.A., Section 2000, et seq., the Age Discrimination in Employment Act, 29
V.S.C.A. 621, et seq., Section 504 of the Rehabilitation Act, 20 V.S.c.A. 701,
et seq., as amended, the Equal Opportunities for Americans With Disabilities Act,
42 V.S.C.A.12101, et seq., and the Illinois Human Rights Act, 775 ILES 5/1-10,
as amended.
15.

Notices. All notices required under this Agreement shall be in writing and sent to the
addresses and persons set forth below, or to such other addresses as may be designated by
a party in writing. All notices shall be deemed received when (i) delivered personally;
(ii) sent by confirmed telex or facsimile (followed by the actual document); or (iii) one
(1) day after deposit with a commercial express courier specifying next day delivery, with
written verification of receipt.
IF TO THE BOARD:

Board of Education of the City of Chicago

Office of the Chief Operating Officer
lih Floor
Chicago, Illinois 60603
Fax No. (773) 553-3263

With a copy to:

Board of Education of the City of Chicago

Law Department
General Counsel
ih Floor
125 South Clark Street
Chicago, Illinois 60603
Fax: (773) 553-1701

IF TO CONSULTANT:

Camow, Conibear & Associates

300 W. Adams St., Suite 1200
Chicago, IL 60606
Attn: Shirley Conibear
Phone: 312-762-2913
Fax: 312-783-5415333

N:Legal Share/Contracts GrouplThomasIManaging

Environmental ConsultanlslCamow

Conibc:ar

15.

Assignment.
This Agreement is binding on the parties and their respective successors
and assigns; provided, however, that Consultant may not assign this Agreement or any
obligations imposed hereunder without the prior written consent of the COO. The Board
expressly reserves the right to assign this Agreement or any obligations imposed
hereunder without the consent of Consultant.

16.

Continuing Obligation To Perform. In the event of any dispute between Consultant

and the Board, Consultant shall expeditiously and diligently proceed with the
performance of all of its obligations under this Agreement with reservation of all rights
and remedies it may have under or pursuant to this Agreement at law or in equity.

17.

Survival/Severability. All express representations or indemnifications made or given in

this Agreement shall survive the completion of Services by Consultant or the termination
of this Agreement for any reason. If any provision or part of this Agreement is held to be
unenforceable, this Agreement shall be considered divisible and such provision shall be
deemed inoperative to the extent it is deemed unenforceable, and in all other respects this
Agreement shall remain in full force and effect; provided, however, that if any such
provision may be made enforceable by limitation thereof, then such provision shall be
deemed to be so limited and shall be enforceable to the maximum extent permitted by
applicable law.

18.

Governing Law.
This Agreement shall be governed as to performance and
interpretation in accordance with the laws of the State of Illinois.
Consultant irrevocably submits itself to the original jurisdiction of those courts located in the
County of Cook, State of Illinois, with regard to any controversy arising out, or relating to, or
in any way concerning the execution or performance of this Agreement. Consultant agrees
that service of process on Consultant may be made, at the option of the Board, by either
registered or certified mail to the address and to the person set forth on the Signature Page or
to such other address or person as may be designated by Consultant in writing, to the office
actually maintained by Consultant or by personal delivery on any officer, director or
managing or general agent of Consultant. If any action is brought by Consultant against the
Board concerning this Agreement, the action shall only be brought in those courts located
within the County of Cook, State of Illinois.

19.

Waiver. No delay or omission, or series of delays or omissions, by the Board to exercise

any right hereunder shall be construed as any type of waiver of any such right, and the
Board reserves the right to exercise any such right from time to time as often as may be
deemed expedient.

20.

Incorporation of Exhibits.
made a part of this Agreement.

N :Lcgal Share/Contracts Group!ThornasIManaging

All exhibits attached hereto are incorporated into and

Environmental Consultants/Carnow

Conibear

21.

Conflict of Interest.
This Agreement is not legally binding on the Board if entered into
in violation of the provisions of 105 ILCS 5/34-21.3, which restricts the employment of,
or the letting of contracts to, former Board members during the one year period following
expiration or other termination of their terms of office.

22.

Indebtedness.
Consultant agrees to comply with the Board's Indebtedness Policy
adopted July 26, 1995 (95-0726-EX3), as amended June 26, 1996 (96-0626-P03), and as
may be further amended from time to time, which is hereby incorporated by reference as
if fully set forth herein.

23.

Inspector General.
Each party to this Agreement hereby acknowledges that, in
accordance with 105 ILCS 5/34- 13.1, the Inspector General of the Chicago Board of
Education has the authority to conduct certain investigations and that the Inspector
General shall have access to all information and personnel necessary to conduct those
investigations.

24.

Joint and Several Liabilitv. In the event Consultant, or its successors or assigns, if any,
is composed of more than one individual or other legal entity (or a combination thereof)
then, and in that event, each and every obligation or undertaking herein stated to be
fulfilled or performed by Consultant shall be the joint and several obligation or
undertaking of each such individual or other legal entity.

25.

MlWBE Plan. Consultant acknowledges that it is familiar with the requirements of the
Board's Revised Remedial Plan for Minority and Women Business Enterprise Economic
Participation and agrees to comply with the provisions of such plan.

26.

Studentl Apprentice Program: Consultant agrees that it will initiate and implement a
student/apprentice program to the fullest extent practicable in performing the Services.
Consultant shall insure that such program adheres to any criteria established pursuant to
the Illinois School Code or other applicable regulatory agency. Such program will include
high school students (juniors and seniors) in work activities that expose them to various
areas of the business environment. Consultant shall submit monthly reports to the COO
and the Board's Chief Purchasing Officer relative to the progress of the program.

27.

No Legal Actions Preventing Performance.

As of the Effective Date, Consultant has
no knowledge of any action, suit, proceeding, or material claim or investigation pending
or to its knowledge threatened against it in any court, or by or before any federal, state,
municipal, or other governmental department, commission, board, bureau, agency, or
instrumentality, domestic or foreign, or before any arbitrator of any kind, that, if adversely
determined, would materially affect Consultant's ability to perform its obligation under
the Agreement.

28.

Background Investigations. Consultant represents and warrants that, at its own cost
and expense, it shall have a complete fingerprint-based criminal history records check

N :Legal Share/Contracts

Group/Thomas/Managing

Environmental

ConsultanlslCamow

Conibear

("Records Check") conducted on any and all employees, agents and subcontractors
("Staff') who may have direct, regular contact with CPS students under this Agreement
in accordance with the Illinois School Code (10S n..CS S/34-18.5); the Sex Offender and
Child Murderer Community Notification Law, created under Illinois Public Act 94-219,
eff. August 2005; the Child Murderer Violent Offender Against Youth Notification Law,
created under Public Act 94-94S. Such complete Records Check consists of the
following:

fingerprint-based checks through the Illinois State Police (ISP) and the FBI,
check of the Illinois Sex Offender Registry (IL-SOR), and
check of the Violent Offender Against Youth Registry (see below).

The purpose of the Records Check is to con finn that none of these persons have been
convicted of any of the criminal or drug offenses enumerated in subsection (c) of 105
ILCS 5/34-18.5 or any offenses enumerated under the Sex Offender and Child Murderer
Community Notification Law, or the Sex Offender and Child Murderer Community
Notification Law, or have been convicted within the past seven (7) years of any other
felony under the laws of Illinois or of any offense committed or attempted in any other
state or against the laws of the United States that, if committed or attempted in the State
of Illinois, would have been punishable as a felony under the laws of Illinois.
Consultant understands and agrees that it shall not allow any of its employees or
subcontractors to have direct regular contact with a CPS student until a Records Check
has been conducted for such person and the results of the Records Check satisfies the
requirements of 105 ILCS 34-18.5 and the requirements of the Acts and Laws
referenced in the preceding paragraph, as amended from time to time.
It is understood and agreed that Consultant's non-compliance with this Section will
constitute a material breach of this Agreement, and the Board also will have the right to
withhold payments due under this Agreement until Consultant remedies such
non-compliance to the Board's reasonable satisfaction, or take any other action or remedy
available under this Agreement or by law.
29.

Entire Agreement; Amendments. This Agreement, including all exhibits and referenced
documents, constitutes the entire agreement of the parties with respect to the matters
contained herein. No modification of or amendment to this Agreement shall be effective
unless such modification or amendment is in writing and signed by both parties.

N:Legal Share/Contracts GroupfThomaslManaging Environmental ConsultantsiCamow Conibear

IN WITNESS WHEREOF,
year first set forth above.

the parties hereto have executed this Agreement as of the day and

BOARD OF EDUCATION
OF THE CITY OF CHICAGO

. 8'

ATTEST:
E.tela

Board Report No.

G. B tran, Secretary

'P-)/

J/ .Ofo2..'2..-pp...q - r

Approved as to legal form:

~----)
Patrick

N:Legal Share/Contracts Group/Thomas/Managing Environmental Consultants/Camow Conibear

Its'~~~u....d.!Jj~...u;..~!....L..:~....::::..J.~

EXHIBIT A
SCOPE OF SERVICES:
I. STATEMENT OF WORK
Consultant shall provide the following services to the Board. The Consultant shall be responsible
for managing the environmental programs in Regions 3, 4 & 5 as shown on Exhibit D.

1.
2.
3.
4.
5.
6.

Provide OversightlManagement of environmental contractors/consultants;

Provide Audit and Quality Assurance /Quality Control;
Coordinate environmental work;
Conduct/Review Site Assessments, Audits, Investigations;
Provide designs and bid specifications for environmental work;
Collect and analyze samples including, but not limited to, biological, asbestos, lead, soil, waste,
and air;
7. Conduct Microbiological and indoor air quality assessments;
8. Develop and provide educational services to Board personnel;
9. Respond to environmental emergencies including, but not limited to, chemical spills, asbestos
and lead paint incidents; and
10. As necessary, manage small scale remedial measures.

II. DETAILS OF SERVICES

Regulatory Compliance: The Consultant will assist the Board in maintaining compliance
with Federal, State, and Local Environmental laws and regulations:
A. Asbestos
Federal and State Laws require the Board to conduct periodic inspections/surveys of asbestos in
all buildings owned, leased, or occupied by the Board and to develop asbestos management plans
for those facilities which are not exempted.
The Consultant will conduct these
surveys/inspections and develop management plans as directed by the Board. The Consultant
will be responsible for maintaining electronic copies of all documents at their place of business.
Federal and State Laws require that a Licensed Asbestos Designer produce a design for all
asbestos disturbances in excess of three feet. The Consultant will work with the Board

NtLegal Share/Contracts Groupf'Thornas/Managing Environmental ConsultantsiCamow Conibear

consultants, contractors and designated representatives to produce asbestos abatement designs for
all renovations, repairs, and demolition projects.
Federal and State Laws also require that a Licensed Asbestos Project Manager must be present
during any disturbance of asbestos in excess of three (3) feet. The Consultant will provide
oversight/onsite monitoring of environmental consultants/contractors. The Consultant will also
provide the project reports as required by Federal, State, or Local regulations and/or laws.
Asbestos 3 Year Re-inspections: Asbestos in all schools must be inspected every three years in
accordance with the Illinois Department of Public Health regulations. The next 3 year
re-inspections will occur in 2013 and in 2016. Contractors may be assigned to conduct these
inspections in one or more regions. The Consultant will be prohibited from initiating any
inspectional activities until and unless the Contractor has received written authorization from the
Board's Environmental Services Manager to begin conducting the work on the stated date.
Asbestos Management Plans:
The Consultant may be requested to develop asbestos
management plans in accordance with the Illinois Department of Public Health Rules and
Regulations.
Sampling:
On occasion, the Consultant may be requested to collect asbestos air and bulk
samples in accordance with the Illinois Department of Public Health Rules and Regulations.
B. Lead
State and Federal Laws require a Licensed Lead Risk Assessor to provide inspection and analysis
of the hazards associated with lead based paint. The Consultant will conduct inspections of
Board Facilities prior to all renovations, painting projects, and construction to ensure that
children will not be exposed to lead based paint hazards.
The Consultant will work with the Board personnel, their contractors, consultants, and/or
designated representatives to conduct testing and assessments and develop bid documents that
are complete and protect the health of the students and staff. All testing must be conducted
using methods and procedures approved by State & Local agencies. The Consultant will be
required to maintain at least two X-ray fluorescence (XRF) instruments on their premises that are
calibrated and comply with State, Federal, and Local regulations.

C. Renovation, Repair, and Painting (Lead)

Under rules enacted by the USEP A, beginning April 22, 2010, contractors performing
renovation, repair and painting projects that disturb lead-based paint in homes, child care
facilities, and schools built before 1978 must be certified and must follow specific work practices
to prevent lead contamination.
Although MECs will not be requested to perform RRP projects, they will be responsible for
providing oversight and compliance monitoring of these types of projects and ensuring that all
N:Legal Share/Contracts GroupfThomas/Managing

Environmental ConsultantslCarnow

Conibear

provisions of the regulations are followed by the Certified Contractor. Therefore, the MEC Finn
MUST be a Certified Renovator and must employ personnel who are certified

D. Brownfields - Site Remediation

State Law requires that the Board conduct Phase I and Phase Il environmental site assessments on
all property to be used for the construction of a school building. The Consultant will conduct
environmental assessments and testing as requested by the Board. The Board may also require
the Consultant to develop remediation plans and coordinate permitting and remediation with State
regulatory authorities.

E. Environmental Health and Safety: The Consultant will protect the health and safety of
students and staff in the following areas:
1. Mold
The Consultant will conduct inspections of suspect conditions for signs of Mold. Mold is
currently not regulated by any State, Federal, or Local Authority; however, it can impact the
health of certain individuals. The Consultant will conduct inspections and investigations
using, sampling devices, direct read instrumentation and testing procedures approved by the
Board and develop cost effective solutions where warranted.

2. Indoor Air Quality

Indoor Air Quality affects learning and working environments. The Consultant will conduct
investigation, collect environmental data, and work with the Board personnel to develop
solutions where needed.

3. Emergency Response
The Consultant will be the first responder where there is an emergency situation.
Emergency situations can include chemical releases, floods, building fires, and building
collapse. The Consultant will be called to ensure that workers, staff, and children are safe
and that the response is appropriate and effective. The Consultant will be required to
maintain on their premises in the Chicago Metropolitan Area, at least two properly calibrated
mercury vapor direct read monitoring instruments and other equipment necessary for
collection of asbestos, mold, and lead air and solid samples. The Consultant will also be
required to maintain, on their premises in the Chicago Metropolitan Area, one properly
calibrated direct read instrument for detecting Carbon Monoxide and Oxygen gas
concentration.

N:Legal Share/Contracts GroupfThomasiManaging Environmental Consultants/Camow

Conibear

4.

Chemical Management
The Consultant will characterize and identify waste from a variety of sources including
chemistry and biology laboratories, various types of vocational instructional programs such
as auto repair, cosmetology programs, photography programs, and engineering and custodial
operations based upon transportation (USDOT), management (best practices/fire codes),
and disposal (USEP AlIEPA) criteria. Consultant will be required to provide and utilize
direct read equipment such as mercury vapor analyzers, photoionization detectors, and
explosimeters. In some cases MEC(s) may be retained to remove chemicals from Board
facilities.

5. Cost Containment, budgeting, and developing economic solutions

The Consultant will be on the design teams with Board personnel, consultants, and
contractors. The Consultant will be required to respond quickly to requests for inspection,
assessment and, when necessary, testing and analysis to determine if environmental factors
must be addressed in the specification and bid documents.
The Consultant will work with Board personnel and their contractors/consultants to develop
specifications for environmental conditions, to contain costs, and to ensure that the contractor
works in the most efficient and cost effective manner.
The Consultant will provide budget information to the Board and their representatives for
environmental design and oversight and remediation. The Consultant will provide oversight
of the consultants/contractors to ensure that only the required services are provided and that
the consultant/contractor is performing to the highest possible level.
The Consultant will provide review of environmental change orders when necessary to
minimize these costs and assists the Board and the contractors when necessary to find the
most economical solution to the problems.
The Consultant will coordinate work between the regulatory authorities, contractors, school
staff, parents, consultants, architects, and the Board to ensure that environmental projects
move quickly and efficiently.

F. Education
The Consultant will work with the Board to provide education on environmental issues to
schools, parents, and others.

N:Legal Share/Contracts Group!ThornasIManaging Environmental ConsultantslCarnow Conibcar

III. QUALIFICATIONS
The Consultant must directly employ key personnel who have a demonstrated and proven ability to
provide the Services for organizations of a similar size and composition as the Board. The key person(s)
must be located in the Chicago Metropolitan area and must be able to respond within one hour.
subcontractors may be utilized to supplement but not replace the key person(s). All work must be
managed by personnel directly employed by the Consultant. Consultant's key personnel on staff and
any subcontractors must be able to demonstrate the following:
A. A complete knowledge of applicable asbestos and lead Environmental Protection Agency (EPA).
Illinois Department of Public Health (IDPH), Chicago Department of Public Health (CDPH).
Occupational Safety and Health Administration (OSHA), City of Chicago Department of
Environment (CDOE), and Asbestos Hazard Emergency Response Act (AHERA) regulations; a
complete knowledge of asbestos, lead, indoor air quality and biological sampling, analysis, and
abatement design; a proven ability in environmental project budgeting, scheduling, auditing and
quality assurance/quality control; and a complete knowledge of environmental project emergency
response actions.
B. A proven ability to coordinate environmental and industrial hygiene services within a complex
and time sensitive program. This requires that the Consultant's personnel must have the
knowledge experience and ability to work closely with various groups including architects,
contractors, regulatory personnel, management personnel and others to facilitate smooth
communication, planning and schedules while effectively addressing environmental concerns.
C. A demonstrated ability to communicate via e-mail, mobile phone, fax and telephone. The
Consultant must provide an immediate point of communication 24 hours per day 365 days per
year. The point of contact must be an IDPH licensed asbestos and lead inspector.
D. The capability to: manage Microsoft Access Databases, generate reports, and convert documents
to electronic formats. The Consultant must maintain a virus free e-mail system. All data
storage and word processing software must be compatible with the Board's systems.
E. A demonstrated ability to generate accurate timely invoices in a format approved by the Board
within 90 days of conducting the Services.
F. The Consultant shall have a proven ability to develop cost effective designs, provide cost
effective oversight, and work efficiently so as to provide the Board with the most economic
program for environmental projects.
G. The Consultant shall have a staff that is qualified to provide the Services. At a minimum this
includes the following Key Person(s) employed by the Consultant and located in an office within
the Chicago metropolitan Area. Consultant may not use a sub-consultant or independent
contractor to satisfy the requirements for the following key persons:

N:Legal Share/Contracts GroupfThomastManaging Environmental ConsultantsiCamow Conibear

I)

One (1) on-staff Certified Industrial Hygienist certified by the American Board of
Industrial Hygiene with a minimum of 12 years of experience in Indoor Air quality, Mold,
and Health & Safety. The Certified Industrial Hygienist shall be an employee of the
Consultant. The Certified Industrial Hygienist must be based in the Chicago Metropolitan
Area and able to respond to a Board reguest within one hour.

2)

One (I) Licensed Professional Engineer with experience conducting Phase I and Phase n
site assessments, Site Remediation Program, and leaking underground storage tanks
removals. The Licensed Professional Engineer shall be an employee of the Consultant. _

3)

Two (2) mPH Licensed Asbestos Designers. mPH Licensed Asbestos Designers shall
be employees of the Consultant.

4)

A Minimum of three (3) IDPH Licensed Asbestos Inspectors, four (4) IDPH Licensed
Asbestos Project Managers and four (4) mPH Licensed Asbestos Air Sampling
Professionals shall be employees ofthe Consultant.

5)

Two (2) IDPH Licensed Management Planners.

Planners shall be employees of the Consultant.

6)

Two (2) IDPH Licensed Lead Inspectors, two (2) IDPH Licensed Lead Risk Assessors
and two (2) Repair Renovation and Painting ("RRP") certified persons. The IDPH
Licensed Lead Inspector/Risk Assessors shall be employees of the Consultant. The Lead
Inspector, Risk Assessor and RRP Certified individual can be one person.

7)

Two (2) Certified XRF Operators. The Certified XRF Operators shall be employees of
the Consultant. The Certified XRF Operator, Lead Inspector, Lead Risk Assessor and
RRP Certified person can be one individual.

The IDPH Licensed Management

H. The Consultant shall maintain critical sampling, analysis, and monitoring equipment at their
location of business. At a minimum the Consultant must have the following:
1)

Photographic equipment for producing photographs that are compliant with mPH
requirements and for collecting digital photographs and mobile telephones for all staff
assigned to perform the Services for the Board.

2)

Word processing, data management, and imaging equipment necessary to support the
Board's requirements, including electronic transmission of documents, Computer
Assisted Design, development and production of reports, and digital storage of records.
All computer programs must be compatible with the Board's operating systems

3)

Asbestos sampling and analysis equipment required for collecting Phase Contrast
Microscopy (PCM), Polarized Light Microscopy (PLM), and Transmission Electron
Microscopy (TEM) samples and for analysis of PCM and PLM samples;

N:Legal Share/Contracts OroupfThomss/Managing Envirorunenlal ConsullantslCamow Conibear

4)

Two (2) Lead Based Paint direct read instruments as approved by USEPA and other
regulatory agencies including but not limited to XRF.

5)

Direct read instrumentation for Mercury.

6)

Indoor Air quality direct read instrumentation including Moisture Meter, instruments to
measure humidity, temperature, and Carbon Dioxide , Oxygen concentrations,
particulates, and lower explosive limit.

7)

Photoionization Detector.

The COO, its designee or the Program Manager may, from time to time, modify, change or add
to the duties of Consultant.

[The remainder of this page has been left intentionally blank.]

N:Legal Share/Contracts Groupfi'homasIManaging Environmental Consultants/Camow Conibcar

EXHIBITB
COMPENSATION
HOURLY RATE SCHEDULE
POSITION DESCRIPTION

Medical Doctor
Administrator
Field Services Supervisor
Clerical
Licensed Professional Engineer, PE
Licensed Professional Geologist
Environmental Scientist (40 hr HAZWOPPER)
Environmental Technician
CADD Operator
Certified Industrial Hygienist
Industrial Hygienist
Licensed Asbestos Designer
Licensed Asbestos Management Planner
Licensed Asbestos Project Manager
Licensed Asbestos Air Sampling Professional
Licensed Asbestos Building Inspector
Asbestos 6 month survey technician
Licensed Lead Inspector
Licensed Lead Risk Assessor/Project Manager
Certified XRF Operator (includes equipment)

Hourly Rate
Using 2.5
Multiplier

$153.00
$105.00
$85.00
$38.00
$104.00
$75.00
$67.00
$52.00
$52.00
$109.00
$60.00
$106.00
$67.00
$65.00
$54.00
$65.00
$50.00
$62.00
$62.00
$72.00

The hourly rates shall be applicable during the Initial Term. The Board reserves the right to negotiate the hourly
rates at the time the Board exercises its option(s) to renew, should economic circumstances warrant.

N :Legal Share/Contracts Grouprrhomas/Managing Environmental Consultants/Camow Conibcar

EXHlBITC
KEY PERSONNEL
(See attached)

N :Legal Share/Contracls Group!ThomaslManaging Environmencal COlISulcanlslCarnow Conibcar

Dave Kedrowski

Support

Administrative
Todd Huffer
Sleven Geneser
Dan Juneau

Region 3

Region 4

Region 5

Julia Montag

Elaine Petkovsek

Air Quality

Dan Juneau

BrownsfieldlUSTs

Contact

Mold/Indoor

Secondary

Personel
Sleven Geneser

Function

Program AdministralorlPrimary

Contact

Work Phone

312.762.2935

312.762.2913

312.762.2920

312.762.2939

312.762.2928

312.762.2926

312.762.2935

312.762.2913

312.907.0642

312.907.5382

312.296.0180

312.907.0647

312.907.5383

312.446.0761

312.907.0642

312.907.5382

Cen phone

Contact List
CPS Region 3, 4, 5

Camow Conlbear & Assoc.

847.795.9095

630.208.5997

847.795.9095

630.208.5997

Home Phone

CAI:INOW
CONIBEAR

djuneau@ccaltd.com

sgeneser@ccalld.com

lhuffer@ccaHd.com

jmontag@ccalld.com

dkedrowski@ccaHd.com

epetkovsek.ccalld.com

djuneau@ccaHd.com

sgeneser@ccalld.com

Email

EXHIBITD
MAP OF REGIONS
(See attached)

N:Legal Share/Contracts GrouplThomaslManaging Environmental ConsultantsiCarnow Conibcar

.-.-

TOUHY RD
7lOON

...-- .- ~'- ---..-.-- .-' .-._ ~__ .r;;,~.

.- .- ....-.. -'-~.
.- .-- .- ..- .-'
.-

DEVQNAV
OON

~-M

BRYNMAWRAV

Region 1

LAWRENCEA.V

IRVING

.-

RO

PARK

.-

.!lOON

,-'

=::.. -

BELMONT AV
J200N

.'-

.-

,-

''''''

Region 2

':--

."

.-

I)RTHAV

...- ........ .-

=-::- .- ......:---.-~..- -_.-_.-~_4.... ._..

.-

~"'.-'
.~:=:

. .- --.-.-r::,~
~ ~.

-_ ...-

.-

-.-:-.:,~2"::'~~,::-",:
..--~"L:'- .... -..
.-.-.-.-.... .;:::, ... '.
L,.;.
...,..,..-.::1..--:a.;-~_.. ~::- !".:ow:"'-

12005

..c

Region 3

_.

'1'"

w;-.,...____

_. .-.-.~_..:....

.- _ . -r.
--- ...

~RO

31ST

_.~.,...~.-:..~.-

S1

"aos

-'.-

47TH Sf
41009

-.- .-

.-

83RD S,
ll300S

Region 6

Ii

'"1

CharterlConlract

Etem.mary

Ch.rtorlConlract

High School

EJomontary School

High Ichool

Multiple. Location

115T Sf
7100S

~a:ssr

L..

.-....

'.'--

.-

-,

..:

seoos

""

..

r.-....'...., ~-.,-=.;:.::.,-" (,.........

__

....
,...~>.

.~'.,

> ..

_-...

"'"""
_.t""~

....
,w..._ ..

~~:

:;:.~'!;";;;.-/=~
.......
"'.-.'.-

Region 6

._.::=.

.......

.,-

:...

.- .-

::.:::::--'
z.;?'~.1;:'::-"'"..",._,_

.. I

"5T"ST
"500S

.-

~
~~

Ii!

~, h

.-

,-

.-

.-

.-

-_.

.--.- .- .:. ,-_..~.

, --.- '-."'-.-'.-

>1

12nHST
121005

.-'o. ._

-:' 7" .-'

:~.::.=-=.;:.~~!~I:=_
...--

oel"oo',

.-:.. ..-. . ,-

Q6fHST

.
"'_J

-:-'

"T

SChool

_,,.~. __ .._ ..

c_"

'-...

.-

'OJRD 9T
10)005

._._.
V'''

.-

-.- .-'-.- .- .- -='-.-.h L..::..=-=-'.::..-:...:=- .. ::=:.~-_I-~_:::=;.:.:=';.~~.:,,--:~~~-:=-'...-~:'~--~;-:-=r:=

1I

:;:'ST

'

.-

.-.....
.-.....~',-,-::......
..- ----.-- --;.-..... _.. EE.-:.
......",.,
c:..;
._.'_4.
.:-:'" - .
..- .- ... - . ..J..-....,= -.. '-.- .- .- ... -r:. :::-_ .;= .....-..!~- '. __
.-=.,-,--r.~ .0- ._ '.,..,-" ."-~ -~ .-'"':-..-'"-,,c..
.- .- ,- .--..:...r-._
.- .-- . .-_
.-

Region 4

85TH.'

."

-':

-."':-

.-.-." .--

R(X)SEVELTRD

.- .-

-:-'.-

-- .-

~i
~~

~
~
,,:00
~~ ell

:;;

to

~~
~~

.-

~
~

~ll

~;