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NON-EXCLUSIVE VENDOR SERVICES AGREEMENT FOR
LEAD-BASED PAINT INSPECTION AND RISK ASSESSMENT SERVICES
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This NON-EXCLUSIVE VENDOR SERVICES AGREEMENT ("Agreement") is made and
entered into by and between the CITY OF FORT WORTH ("City"), a Texas home rule municipal
corporation,acting by and through Fernando Costa,its duly authorized Assistant City Manager,and BAER
ENGINEERING AND ENVIRONMENTAL CONSULTING,INC. ("Vendor"), a Texas corporation,
and acting by and through Richard Hicks, its duly authorized Owner, each individually referred to as a
"party" and collectively referred to as the"parties."
WHEREAS,the City of Fort Worth receives money from the United States Department of Housing
and Urban Development(HUD)for the purpose of funding its Lead-Safe Program(Program);
WHEREAS,the Program is necessary to assess,treat,and control lead-based paint hazards in City
housing units built prior to 1978 or in which children under the age of six reside or visit; and
WHEREAS,services under the Program may only be performed by licensed,trained professionals
who are certified to complete the necessary assessment and abatement services; and
WHEREAS, the Vendor provides a professional service that requires unique experience,
certification,and independent analysis using specialized skills and knowledge; and
WHEREAS, City and Vendor wish to set out terms of Vendor's non-exclusive lead-based paint
inspection and risk assessment services;
NOW THEREFORE, the Parties agree to enter into this Agreement, subject to the terms and
conditions herein, for the purpose of protecting the citizens of Fort Worth from lead-based paint dangers
and effects.
AGREEMENT DOCUMENTS:
The Agreement documents shall include the following:
• This Vendor Services Agreement;
• Exhibit A—Scope of Services;
• Exhibit B—Fee Schedule;
• Exhibit C—Verification of Signature Authority Form;and
• Exhibit D—Sample Inspection/Risk Assessment Report
Exhibits A, B, C and D, which are attached hereto and incorporated herein, are made a part of this
Agreement for all purposes.In the event of any conflict between the terms and conditions of Exhibits A,B,
C or D and the terms and conditions set forth in the body of this Agreement, the terms and conditions of
this Agreement shall control.
1. SCOPE OF SERVICES.
Vendor shall perform Lead-Based Paint Inspection and Risk Assessments (LIRA) in accordance
with all regulations established by the EPA,HUD,the Office of Lead Hazard Control and Healthy Homes
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(OLHCHH) and Texas Environmental Lead Reduction Regulations (TELRR) as the City of Fort Worth
Neighborhood Services Department assigns inspections. Exhibit "A," - Scope of Services more
specifically describes the services to be provided hereunder. Vendor understands and agrees that the City
may award non-exclusive purchase agreements to multiple vendors for these services.
2. TERM.
This Agreement shall begin on January 15,2020("Effective Date") and shall expire on December
31,2020(`Expiration Date"),unless terminated earlier in accordance with this Agreement("Initial Term").
Upon the expiration of the Initial Term,the Agreement shall renew automatically under the same terms and
conditions for four(4)one-year renewal periods unless City or Vendor provides the other party with notice
of non-renewal at least 30 days before the expiration of the Initial Term or renewal period.
3. COMPENSATION.
City shall pay Vendor in accordance with the provisions of this Agreement and Exhibit"B,"—Fee
Schedule,for any services provided. Total payment made under this Agreement by City shall not exceed
$150,000.00 per one-year term. Vendor understands that the aggregate amount of all contracts awarded
to multiple vendors for the services provided hereunder shall not exceed$150,000.00 per one-year term,
and the City makes no promise or guarantee of the total amount of work that will be assigned to Vendor
under this Agreement. Vendor shall not perform any additional services or bill for expenses incurred for
City not specified by this Agreement unless City requests and approves in writing the additional costs for
such services.City shall not be liable for any additional expenses of Vendor not specified by this Agreement
unless City first approves such expenses in writing.
4. TERMINATION.
4.1. Written Notice. City or Vendor may terminate this Agreement at any time and for any
reason by providing the other party with 30 days' written notice of termination.
4.2 Non-appropriation of Funds. In the event no fiords or insufficient fiords are appropriated
by City in any fiscal period for any payments due hereunder, City will notify Vendor of such occurrence
and this Agreement shall terminate on the last day of the fiscal period for which appropriations were
received without penalty or expense to City of any kind whatsoever, except as to the portions of the
payments herein agreed upon for which funds have been appropriated.
4.3 Duties and Obligations of the Parties. In the event that this Agreement is terminated prior
to the Expiration Date, City shall pay Vendor for services actually rendered up to the effective date of
termination and Vendor shall continue to provide City with services requested by City and in accordance
with this Agreement up to the effective date of termination. Upon termination of this Agreement for any
reason,Vendor shall provide City with copies of all completed or partially completed documents prepared
under this Agreement. In the event Vendor has received access to City Information or data as a requirement
to perform services hereunder, Vendor shall return all City provided data to City in a machine readable
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format or other format deemed acceptable to City.
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5. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION.
5.1 Disclosure of Conflicts. Vendor hereby warrants to City that Vendor has made full
disclosure in writing of any existing or potential conflicts of interest related to Vendor's services under this
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Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement,
Vendor hereby agrees immediately to make full disclosure to City in writing.
5.2 Confidential Information. Vendor, for itself and its officers,agents and employees, agrees
that it shall treat all information provided to it by City ("City Information") as confidential and shall not
disclose any such information to a third party without the prior written approval of City.
5.3 Unauthorized Access.Vendor shall store and maintain City Information in a secure manner
and shall not allow unauthorized users to access, modify, delete or otherwise corrupt City Information in
any way.Vendor shall notify City immediately if the security or integrity of any City Information has been
compromised or is believed to have been compromised, in which event,Vendor shall,in good faith,use all
commercially reasonable efforts to cooperate with City in identifying what information has been accessed
by unauthorized means and shall fully cooperate with City to protect such City Information from further
unauthorized disclosure.
6. RIGHT TO AUDIT.
Vendor agrees that City shall,until the expiration of three (3) years after final payment under this
contract,or the final conclusion of any audit commenced during the said three years,have access to and the
right to examine at reasonable times any directly pertinent books,documents,papers and records,including,
but not limited to, all electronic records, of Vendor involving transactions relating to this Agreement at no
additional cost to City. Vendor agrees that City shall have access during normal working hours to all
necessary Vendor facilities and shall be provided adequate and appropriate work space in order to conduct
audits in compliance with the provisions of this section. City shall give Vendor reasonable advance notice
of intended audits.
7. INDEPENDENT CONTRACTOR.
It is expressly understood and agreed that Vendor shall operate as an independent contractor as to
all rights and privileges and work performed under this Agreement, and not as agent, representative or
employee of City. Subject to and in accordance with the conditions and provisions of this Agreement,
Vendor shall have the exclusive right to control the details of its operations and activities and be solely
responsible for the acts and omissions of its officers, agents, servants, employees, consultants and
subVendors. Vendor acknowledges that the doctrine of r•espondeat superior shall not apply as between
City, its officers, agents, servants and employees, and Vendor, its officers, agents, employees, servants,
Vendors and subVendors. Vendor further agrees that nothing herein shall be construed as the creation of a
partnership or joint enterprise between City and Vendor. It is fiirther understood that City shall in no way
be considered a Co-employer or a Joint employer of Vendor or any officers,agents,servants,employees or
subVendor of Vendor. Neither Vendor, nor any officers, agents, servants, employees or subVendor of
Vendor shall be entitled to any employment benefits from City. Vendor shall be responsible and liable for
any and all payment and reporting of taxes on behalf of itself, and any of its officers, agents, servants,
employees or subVendor.
8. LIABILITY AND INDEMNIFICATION.
8.1 LIABILITY- VENDOR SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND
ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING
DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR
ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S),
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MALFEASANCE OR INTENTIONAL MISCONDUCT OF VENDOR, ITS OFFICERS, AGENTS,
SERVANTS OR EMPLOYEES.
8.2 GENERAL INDEMNIFICATION- VENDOR HEREBYCOVENANTSAND AGREES
TO INDEMNIFY,HOLD HARMLESSAND DEFEND CITY,ITS OFFICERS,AGENTS,SERVANTS
AND EMPLOYEES,FROMAND AGAINSTANYAND ALL CLAIMS OR LAWSUITS OFANYIaND
OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPERTY DAMAGE OR
LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO VENDOR'S BUSINESS AND ANY
RESULTING LOST PROFITS)AND/OR PERSONAL INJURY,INCLUDINGDEATH, TOANYAND
ALL PERSONS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE
EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF
VENDOR,ITS OFFICERS,AGENTS,SERVANTS OR EMPLOYEES.
8.3 INTELLECTUAL PROPERTY INDEMNIFICATION — Vendor agrees to defend,
settle, or pay, at its own cost and expense, any claim or action against City for infringement of any
patent, copyright, trade mark, trade secret, or similar property right arising from City's use of the
software and/or documentation in accordance with this Agreement, it being understood that this
agreement to defend, settle or pay shall not apply if City modifies or misuses the software and/or
documentation. So long as Vendor bears the cost and expense of payment for claims or actions against
City pursuant to this section,Vendor shall have the right to conduct the defense of any such claim or
action and all negotiations for its settlement or compromise and to settle or compromise any such
claim; however, City shall have the right to fully participate in any and all such settlement,
negotiations, or lawsuit as necessary to protect City's interest, and City agrees to cooperate with
Vendor in doing so. In the event City, for whatever reason, assumes the responsibility for payment
of costs and expenses for any claim or action brought against City for infringement arising under this
Agreement, City shall have the sole right to conduct the defense of any such claim or action and all
negotiations for its settlement or compromise and to settle or compromise any such claim; however,
Vendor shall fully participate and cooperate with City in defense of such claim or action. City agrees
to give Vendor timely written notice of any such claim or action,with copies of all papers City may
receive relating thereto. Notwithstanding the foregoing, City's assumption of payment of costs or
expenses shall not eliminate Vendor's duty to indemnify City under this Agreement. If the software
and/or documentation or any part thereof is held to infringe and the use thereof is enjoined or
restrained or,if as a result of a settlement or compromise,such use is materially adversely restricted,
Vendor shall, at its own expense and as City's sole remedy, either: (a) procure for City the right to
continue to use the software and/or documentation;or(b)modify the software and/or documentation
to make it non-infringing, provided that such modification does not materially adversely affect
City's authorized use of the software and/or documentation; or (c) replace the software and/or
documentation with equally suitable, compatible, and functionally equivalent non-infringing
software and/or documentation at no additional charge to City; or (d) if none of the foregoing
alternatives is reasonably available to Vendor terminate this Agreement,and refund all amounts paid
to Vendor by City,subsequent to which termination City may seek any and all remedies available to
City under law.
9. ASSIGNMENT AND SUBCONTRACTING.
9.1 Assignment. Vendor shall not assign or subcontract any of its duties, obligations or rights
under this Agreement without the prior written consent of City. If City grants consent to an assignment,the
assignee shall execute a written agreement with City and Vendor under which the assignee agrees to be
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bound by the duties and obligations of Vendor under this Agreement.Vendor and Assignee shall be jointly
liable for all obligations of Vendor under this Agreement prior to the effective date of the assignment.
9.2 Subcontract. If City grants consent to a subcontract, sub Vendor shall execute a written
agreement with Vendor referencing this Agreement under which sub Vendor shall agree to be bound by the
duties and obligations of Vendor under this Agreement as such duties and obligations may apply. Vendor
shall provide City with a fully executed copy of any such subcontract.
10. INSURANCE.
Vendor shall provide City with certificate(s) of insurance documenting policies of the following
types and minimum coverage limits that are to be in effect prior to commencement of any work pursuant
to this Agreement:
10.1 Coverage and Limits
(a) Commercial General Liability:
$1,000,000- Each Occurrence
$2,000,000- Aggregate
(b) Automobile Liability:
$1,000,000- Each occurrence on a combined single limit basis
Coverage shall be on any vehicle used by Vendor, its employees, agents,
representatives in the course of providing services under this Agreement. "Any
vehicle"shall be any vehicle owned,hired and non-owned.
(c) Worker's Compensation:
Statutory limits according to the Texas Workers' Compensation Act or any other
state workers' compensation laws where the work is being performed
Employers' liability
$100,000- Bodily Injury by accident; each accident/occurrence
$100,000 - Bodily Injury by disease; each employee
$500,000- Bodily Injury by disease;policy limit
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(d) Professional Liability(Errors &Omissions):
j $1,000,000- Each Claim Limit
$1,000,000- Aggregate Limit
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Professional Liability coverage may be provided through an endorsement to the
Commercial General Liability (CGL) policy, or a separate policy specific to
Professional E&O. Either is acceptable if coverage meets all other requirements.
Coverage shall be claims-made,and maintained for the duration of the contractual
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agreement and for two (2) years following completion of services provided. An
annual certificate of insurance shall be submitted to City to evidence coverage.
10.2 General Requirements
(a) The commercial general liability and automobile liability policies shall name City
as an additional insured thereon, as its interests may appear.The term City shall
include its employees, officers, officials, agents, and volunteers in respect to the
contracted services.
(b) The workers' compensation policy shall include a Waiver of Subrogation (Right
of Recovery)in favor of City.
(c) A minimum of Thirty (30) days' notice of cancellation or reduction in limits of
coverage shall be provided to City. Ten(10)days'notice shall be acceptable in the
event of non-payment of premium.Notice shall be sent to the Risk Manager, City
of Fort Worth,200 Texas Street,Fort Worth,Texas 76102,with copies to the Fort
Worth City Attorney at the same address.
(d) The insurers for all policies must be licensed and/or approved to do business in the
State of Texas. All insurers must have a minimum rating of A- VII in the current
A.M.Best Key Rating Guide,or have reasonably equivalent financial strength and
solvency to the satisfaction of Risk Management. If the rating is below that
required,written approval of Risk Management is required.
(e) Any failure on the part of City to request required insurance documentation shall
not constitute a waiver of the insurance requirement.
(f) Certificates of Insurance evidencing that Vendor has obtained all required
insurance shall be delivered to the City prior to Vendor proceeding with any work
pursuant to this Agreement.
11. COMPLIANCE WITH LAWS, ORDINANCES,RULES AND REGULATIONS.
Vendor agrees that in the performance of its obligations hereunder, it shall comply with all
applicable federal, state and local laws, ordinances, rules and regulations and that any work it produces in
connection with this Agreement will also comply with all applicable federal, state and local laws,
ordinances, rules and regulations. If City notifies Vendor of any violation of such laws, ordinances, rules
or regulations,Vendor shall immediately desist from and correct the violation.
12. NON-DISCRIMINATION COVENANT.
Vendor, for itself, its personal representatives, assigns, subVendors and successors in interest, as
part of the consideration herein, agrees that in the performance of Vendor's duties and obligations
hereunder,it shall not discriminate in the treatment or employment of any individual or group of individuals
on any basis prohibited by law. IF ANY CLAIM ARISES FROM AN ALLEGED VIOLATION OF
THIS NON-DISCRIMINATION COVENANT BY VENDOR, ITS PERSONAL
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REPRESENTATIVES, ASSIGNS, SUBVENDORSS OR SUCCESSORS IN INTEREST,VENDOR
AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND
HOLD CITY HARMLESS FROM SUCH CLAIM.
13. NOTICES.
Notices required pursuant to the provisions of this Agreement shall be conclusively determined to
have been delivered when (1) hand-delivered to the other party, its agents, employees, servants or
representatives, (2)delivered by facsimile with electronic confirmation of the transmission,or(3) received
by the other party by United States Mail,registered, return receipt requested, addressed as follows:
To CITY: To VENDOR:
City of Fort Worth Baer Engineering and
Attn: Fernando Costa,Assistant City Manager Environmental Consulting,Inc.
200 Texas Street Therese M. Baer,Owner
Fort Worth,TX 76102-6314 7756 Northcross Dr., Suite#211,
Facsimile: (817) 392-8654 Austin, TX 78757
Facsimile: 512-453-3316
With copy to Fort Worth City Attorney's Office at
same address
14. SOLICITATION OF EMPLOYEES.
Neither City nor Vendor shall, during the term of this Agreement and additionally for a period of
one year after its termination, solicit for employment or employ, whether as employee or independent
contractor,any person who is or has been employed by the other during the term of this Agreement,without
the prior written consent of the person's employer.Notwithstanding the foregoing, this provision shall not
apply to an employee of either party who responds to a general solicitation of advertisement of employment
by either party.
15. GOVERNMENTAL POWERS.
It is understood and agreed that by execution of this Agreement, City does not waive or surrender
j any of its governmental powers or immunities.
16. NO WAIVER.
The failure of City or Vendor to insist upon the performance of any term or provision of this
Agreement or to exercise any right granted herein shall not constitute a waiver of City's or Vendor's
respective right to insist upon appropriate performance or to assert any such right on any future occasion.
17. GOVERNING LAW/VENUE.
This Agreement shall be construed in accordance with the laws of the State of Texas. If any action,
whether real or asserted, at law or in equity, is brought pursuant to this Agreement, venue for such action
shall lie in state courts located in Tarrant County,Texas or the United States District Court for the Northern
District of Texas,Fort Worth Division.
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18. SEVERABILITY.
If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity,
legality and enforceability of the remaining provisions shall not in any way be affected or impaired.
19. FORCE MAJEURE.
City and Vendor shall exercise their best efforts to meet their respective duties and obligations as
set forth in this Agreement, but shall not be held liable for any delay or omission in performance due to
force majeure or other causes beyond their reasonable control, including, but not limited to, compliance
with any government law, ordinance or regulation, acts of God, acts of the public enemy, fires, strikes,
lockouts, natural disasters, wars, riots, material or labor restrictions by any governmental authority,
transportation problems and/or any other similar causes.
20. HEADINGS NOT CONTROLLING.
Headings and titles used in this Agreement are for reference purposes only, shall not be deemed a
part of this Agreement,and are not intended to define or limit the scope of any provision of this Agreement.
21. REVIEW OF COUNSEL.
The parties acknowledge that each party and its counsel have reviewed and revised this Agreement
and that the normal rules of construction to the effect that any ambiguities are to be resolved against the
drafting patty shall not be employed in the interpretation of this Agreement or Exhibits A, B,and C.
22. AMENDMENTS/MODIFICATIONS/EXTENSIONS.
No amendment,modification, or extension of this Agreement shall be binding upon a party hereto
unless set forth in a written instrument,which is executed by an authorized representative of each party.
23. ENTIRETY OF AGREEMENT.
This Agreement, including Exhibits A, B, C and D, contains the entire understanding and
agreement between City and Vendor, their assigns and successors in interest, as to the matters contained
herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the
extent in conflict with any provision of this Agreement.
24. COUNTERPARTS.
This Agreement may be executed in one or more counterparts and each counterpart shall, for all
purposes, be deemed an original, but all such counterparts shall together constitute one and the same
instrument.
25. WARRANTY OF SERVICES.
Vendor warrants that its services will be of a high quality and conform to generally prevailing
industry standards.City must give written notice of any breach of this warranty within thirty(30)days from
the date that the services are completed. In such event, at Vendor's option, Vendor shall either (a) use
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commercially reasonable efforts to re-perform the services in a manner that conforms with the warranty,or
(b) refund the fees paid by City to Vendor for the nonconforming services.
26. IMMIGRATION NATIONALITY ACT.
Vendor shall verify the identity and employment eligibility of its employees who perform work
under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon
request by City, Vendor shall provide City with copies of all I-9 forms and supporting eligibility
documentation for each employee who performs work under this Agreement. Vendor shall adhere to all
Federal and State laws as well as establish appropriate procedures and controls so that no services will be
performed by any Vendor employee who is not legally eligible to perform such services. VENDOR
SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES,
LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY VENDOR,
VENDOR'S EMPLOYEES, SUBCONTRACTORS,AGENTS, OR LICENSEES. City, upon written
notice to Vendor, shall have the right to immediately terminate this Agreement for violations of this
provision by Vendor.
27. OWNERSHIP OF WORK PRODUCT.
City shall be the sole and exclusive owner of all reports, work papers, procedures, guides, and
documentation, created, published, displayed, and/or produced in conjunction with the services provided
under this Agreement(collectively, "Work Product"). Further, City shall be the sole and exclusive owner
of all copyright, patent, trademark, trade secret and other proprietary rights in and to the Work Product.
Ownership of the Work Product shall inure to the benefit of City from the date of conception, creation or
fixation of the Work Product in a tangible medium of expression (whichever occurs first). Each
copyrightable aspect of the Work Product shall be considered a "work-made-for-hire" within the meaning
of the Copyright Act of 1976, as amended. If and to the extent such Work Product, or any part thereof, is
not considered a "work-made-for-hire" within the meaning of the Copyright Act of 1976, as amended,
Vendor hereby expressly assigns to City all exclusive right, title and interest in and to the Work Product,
and all copies thereof,and in and to the copyright,patent,trademark,trade secret, and all other proprietary
rights therein, that City may have or obtain, without further consideration, free from any claim, lien for
balance due, or rights of retention thereto on the part of City.
28. SIGNATURE AUTHORITY.
The person signing this Agreement hereby warrants that he/she has the legal authority to execute
this Agreement on behalf of the respective party,and that such binding authority has been granted by proper
order,resolution,ordinance or other authorization of the entity.This Agreement and any amendment hereto,
may be executed by any authorized representative of Vendor whose name, title and signature is affixed on
the Verification of Signature Authority Form, which is attached hereto as Exhibit"C". Each party is fully
entitled to rely on these warranties and representations in entering into this Agreement or any amendment
hereto.
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E 29. CHANGE IN COMPANY NAME OR OWNERSHIP
Vendor shall notify City's Purchasing Manager, in writing, of a company name, ownership, or
address change for the purpose of maintaining updated City records.The president of Vendor of authorized
official must sign the letter. A letter indicating changes in a company name or ownership must be
accompanied with supporting legal documentation such as an updated W-9, documents filed with the state
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indicating such change, copy of the board of director's resolution approving the action, or an executed
merger or acquisition agreement. Failure to provide the specified documentation so may adversely impact
future invoice payments.
30. PROHIBITION ON CONTRACTING WITH COMPANIES THAT BOYCOTT ISRAEL
If Vendor has fewer than 10 employees or this Agreement is for less than$100,000,this section
does not apply. Vendor acknowledges that in accordance with Chapter 2270 of the Texas Government
Code, the City is prohibited from entering into a contract with a company for goods or services unless the
contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will
not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have
the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this
contract, Vendor certifies that Vendor's signature provides written verification to the City that
Vendor: (1) does not boycott Israel; and (2)will not boycott Israel during the term of the contract.
(signature page follofvs)
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IN NviTNF,SS WHEREOF, the parties hereto have executed this Agreement in multiples this 15"'day of
January,2020.
ACCEPTED AND AGREED:
CITY OF FORT WORTH:
CONTRACT COMPLIANCE 1(ANAGER:
By signing l acknowledge that l am the person
responsible for the monitoring and administration of
By: Femando Costa(Feb 24,2020) this contract,including ensuring all performance and
Name: Fernando Costa,
reporting requirements.
Title: Assistant City Manager
Date: By: Barbara (Feb 18,2020
Name: Barbara Asbury
APPROVAL RECONINIENDED: Title: Compliance and Planning Manager
VicfiorTurnor APPROVED AS TO FORM AND LEGALITY:
By: Victor Tumer(Feb 18,2020)
Name: Victor Turner, Muff
Title: Director, Neighborhood Services By: Matt Murray(Feb 24,
Department Name: Matt Murray
ATTEST: Title: Assistant City Attorney
CONTRACT AUTHORIZATION:
,/,� u ' M&C: 20-0006 01/14110
By:
/Maarry J.rayser(Feb 25, 20) H 8 ►aq S: 02019-5 A321 b
City Secretary
VENDOR:
Baer Engineering and Environmental ATTEST:
Consulting, Inc.
.t Al &A1 L
By: a
Name: Therese M. Baer Name: Jac az
Title: Owner Title: Leo Inspector/Risk Assessor
SW Antonio Office Manager
Dace: February 4, 2020
UFFMIAL RECORD
Baer Engineering and Environmental Consulting,Inc., CITY SECRETARY
2020 Vendor Services Agreement P e ! f!1
FT ®nthH,TX
EXHIBIT A
SCOPE OF SERVICES
1. Baer Engineering and Environmental Consulting,Inc.shall perform Lead-Based Paint Inspection and Risk
Assessments(LIRA) in accordance with all regulations established by the EPA,HUD,the Office of Lead
Hazard Control and Healthy Homes(OLHCHH)and Texas Environmental Lead Reduction Regulations
(TELRR)as the City of Fort Worth Neighborhood Services Department assigns inspections.The size of the
homes and the locations of the properties will vary.
2. All reports shall be submitted using the Inspection/Risk Assessment Report template provided by the City,
attached hereto as Exhibit"D".
3. Baer Engineering and Environmental Consulting,Inc.shall perform soil,dust,and paint chip sampling to
be sent to laboratory contracted with the City of Fort Worth.Vendor shall be responsible for collecting and
shipping the initial samples with the correct Chain-of-Custody forms for testing. Shipping and testing
media will be provided to the Vendor by the Neighborhood Services Department.The City will be
responsible for laboratory testing fees.
4. Baer Engineering and Environmental Consulting,Inc. shall be provided client name,address and phone
number to schedule inspection date and time with the homeowner.
5. Baer Engineering and Environmental Consulting,Inc. shall be responsible for notifying the City if burglar
bars are present,and the City shall have them removed and reinstalled in order to complete the
inspection/risk assessment.
6. Baer Engineering and Environmental Consulting,Inc.shall take X-ray fluorescent(XRF)shots on all
window components(approximately 5 to 8 shots per window)of each window of the subject property.
7. Baer Engineering and Environmental Consulting,Inc.shall provide approximate measurements of windows
and areas that are positive and deteriorated.
8. Baer Engineering and Environmental Consulting,Inc. shall perform LIRA within 21 working days from the
City's issuance of an assignment and will submit the completed LIRA within ten(10)business days from
date the inspection/risk assessment is performed.
9. Baer Engineering and Environmental Consulting,Inc. shall provide photos of positive materials.
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Baer Engineering and Environmental Consulting,Inc.
2020 Vendor Services Agreement—Exhibit A
EXHIBIT B:
FEESCHEDULE
Service and Fee per Inspection
Room Equivalent, each Lead Risk Assessor 1 $100.00 $100.00
Mobilization &Travel Time
Lead Risk Assessor 6 $56.40 $338.40
(Billed at% Rate)*
Technical QC Project Scientist 1 $112.79 $112.79
Final QC Project Manager 0.5 $112.79 $56.40
Project Management Project Manager 1 $112.79 $112.79
Laboratory Analysis** Samples 1 $9.95 $9.95
Mileage, est. RT& In-town* N/A 47S $0.54 $256.50
Lodging N/A N/A N/A N/A
Per Diem, M&IE
(GSA-Ft Worth) Lead Risk Assessor 1 $45.75 $45.75
Per Diem, full-day
(GSA- Ft Worth) Lead Risk Assessor 1 $209.75 $209,75
(includes lodging, M&IE)***
XRF Analyzer, per day**** Equipment 1 $325.00 $32S.00
Lead Hazard Reduction Work Lead Risk Assessor 2 $56.40 $112.79
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Baer Engineering and Environmental Consulting,Inc.,
€ 2020 Vendor Services Agreement—Exhibit B
EXHIBIT C
VERIFICATION OF SIGNATURE AUTHORITY
BAER ENGINEERING AND
ENVIRONMENTAL CONSULTING,INC.
7756 NORTHCROSS DR.,SUITE#211,
AUSTIN,TX 78757
FACSIMILE:5I2-453-3316
Vendor hereby agrees to provide City with independent audit basic financial statements, but also the fair
presentation of the financial statements of individual funds.
Execution of this Signature Verification Form ("Form") hereby certifies that the following individuals
and/or positions have the authority to legally bind Vendor and to execute any agreement, amendment or
change order on behalf of Vendor. Such binding authority has been granted by proper order, resolution,
ordinance or other authorization of Vendor.City is fully entitled to rely on the warranty and representation
set forth in this Form in entering into any agreement or amendment with Vendor. Vendor will submit an
updated Form within ten (10) business days if there are any changes to the signatory authority. City is
entitled to rely on any current executed Form until it receives a revised Form that has been properly executed
by Vendor.
1. Name: Therese M. Baer
Position: President
t nature
2. Name:
Position:
Signature
3. Name:
Position:
Signature
Name:
— )(AaV, �l
Signature of President 1 CEO 1 Owner
Other Title:
Date: February 4, 2020
Baer En-ineerin,,and Environniental Consulting,Inc.
2020 Vendor Services Agreement—Exhibit C
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LXHWrr D
Sample Inspection/Risk Assessment Report
Lead Based Paint Inspection and
Lead Hazard Risk Assessment Report
Performed at:
Private Residence
Street
City,State ZIP
Prepared For:
Name of Property Owner
Street
City, State ZIP
Phone Number
Prepared By:
Company Name
State Certification Number
Lead Inspector/Risk Assessor/Certification Number
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Street
City,State ZIP
Phone Number
Fax Number
Project Number
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ABLE OF CONTENTS
1. Letter to Owner
2. Executive Summary
3, Identifying Information and Purpose of Lead Based Paint Inspection and Lead Hazard Rislc Assessment
4, Identified Lead Hazards
S. Excluded Components
6. Ongoing Monitoring
7. Disclosure Regulations
8. Conditions and Limitations
9. Site Information and Field Testing
a. Resident Questionnaire
b. Building Conditions Survey
c. Paint Condition Survey
d. Paint Sampling and Testing
c. XRF Lead-Based Paint Testing Results
f. Interior Dust Sampling
9, Soil Sampling and Laboratory Information
10.Lead Based Paint Hazard Control Options
11, Appendices
a. Appendix A Dust Wipe Sample Analytical Data
b. Appendix B Soil Sample Analytical Data
c. Appendix C Site and Floor Plan
d. Appendix D Copy of Risk.Assessor's License/Certifi.cation
e. Appendix E Copy of Finn's Lead Activity License/Certification
f Appendix F Copy.of XRF Training Certificate annd XRF Performance
Characteristic Sheet
g. Append:ix G "Lead Speak;"A Brief Glossary I
h. Appendix H Additional Lead and Lead Safety Resource Data 1
i. Appendix I Resources for additional information on lead-based paint and lead-
based paint hazards
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1. Letter to Owner
INSERT DATE
Name of Property Owner
Street
City,State ZIP
Dear INSERT NAME OF PROPERTY OWNER:
The lead-based paint inspection was performed to identify paint that contains lead above allowable
levels.The risk assessment identifies housing conditions called lead-based paint hazards that could result in
harm to residents,workers and especially to young children.This report can help Owners develop a plan for
eliminating any lead-based paint hazards that were found and aid in establishing an ongoing lead-based paint
maintenance and re-evaluation program,if needed. t
Attached please find XRF lead-based paint test results and lead hazard risk assessment for the house
at INSERT PROPERTY ADDRESS. Lead paint was confirmed to be present/not to be present in within or
outside this unit on INSERT DATE(S).
The following components were determined to contain Lead-Based Paint:
I.
2.
ETC,
The following summarizes locations of lead based paint hazards as of the date of the on-site evaluations.
Routine maintenance and painting can and does change the conditions within a residence.
C I.
2.
ETC.
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Sincerely
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Risk Assessor,#XXXX-XXXXXX
COMPANY
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NOTE. A copy of this report rntrst beprovidedto nets lessees(tenants)andpurchasers ofthisproperty underfederal Imp(24 CFR
part 35 and40 CFRparl745)before they become obligatedander a lease or sales contract.Vie complete report also must be
provided to tneiv parchasers and it nnrst be made available to new tenants, Landlords(lessors)and sellers also are required to
distribrtte an educational pamphlet approved by the United States Environntental.Protection Agency and inchtde standard ivarning
langtiage In thelr leases or sale contracts to ensure that parents have the information they need to protect children from lead-based
paint hazards.
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2. Executive Summary
As a result of the lead based paint inspection and lead hazard risk assessment(to be referred to as
"Assessment")conducted on ENTER DATE,it was found that lead based paint and lead based paint hazards
were present on the subject property as of the date of the Assessment. The analytical results from this
Assessment effort identified the following lead based paint(LBP)and LBP hazards,as defined by EPA and/or
HUD standards:
INSERT ROOM LOCATIONS LBP and LBP HAZARDS WERE IDENTIFIED
ETC.
Please remember that all identified LBP and LBP hazards should always be properly addressed by
professionally certified lead workers.
Following is a report of the information collected during this Assessment:
HAZARD Component . INTERIM CONTROL LONG TERM CONTROL
IDENTIFIED OPTION OPTION
3. Identifying Information and Purpose of Risk Assessment
A lead based paint inspection and lead hazard risk assessment(Assessment)was conducted at INSERT
PROPERTY ADDRESS for INSERT PROPERTY OWNER on INSERT DATE, The Assessment was conducted
for COMPANY, INSERT COMPANY ADDRESS INSERT FIRM CERTIFICATION#,by INSERT LI/R.A
NAME, a Certified Lead Inspector and Risk Assessor(INSERT STATE CERTIFICATE and#). The purpose of
the Assessment was to identify the presence of lead hazards on surfaces inside and outside the residence. The
U.S,Department of Housing and Urban Development has provided funds to the INSERT GRANT PROGRAM
to perform a lead hazard control projects in this community,The Assessment was conducted to determine
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eligibility for the grant program listed above. The LBP hazards identified in this report will remain valid for up
to one year to qualify this unit for OH1)L.HC program grant funds for Lead Hazard Control.Based upon details
provided by the Owner and the INSERT GRANT PROGRAM,to the knowledge of this Assessor,there has not
been any previous LBP testing at this home.
As part of the Assessment,a visual survey of the property and structure was conducted,dust wipe sampling
was performed on interior surfaces,and soil samples were collected. In addition,on-site paint testing using an
x-ray fluorescence(XRF)analyzer was performed.
The Assessment was contracted for by INSERT PROPERTY OWNER INSERT PROPERTY ADDRESS.
Further information concerning this project can be obtained from this contracting agency. The results of the
assessment are summarized below,
4. Identified Lead-Based Paint Hazards
While the building and its paint was Place Overall Condition of Pain during the Assessment,the XRF
results from the paint that was tested showed that LBP exist or do not exist,as defined in the Residential LBP
Hazard Reduction Act of 1992(Title X)and as defined by the Environmental Protection Agency(EPA)regulation
published in the January 5,2001 Federal Register, The XRF results indicate that lead levels above EPA and/or
US Department of Housing and Urban Development am)criteria exist in the following locations:
Existing Lead Based Paint and Lead Hazards Identified
The following areas are coated with Lead-Based Paint(LBP)that is deteriorated and currently present
existing lead-based paint hazards. All component substrates are primarily wood unless otherwise noted in sample
collection notes.
Room Component
1.
2.
3.
A listing of environmental sampling locations and their associated lead contamination levels can be found
in the sections addressing the analytical laboratory results for paint,dust,and soil.
Hazard control options and associated cost estimates for the components identified as containing LBP and
that represent current LBP hazards are included later in this report. In an effort to aid in the interpretation of the
listed findings a glossary of terms and a list of publications and resources addressing lead hazards and their health
effects are included at the end of this report.
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The following table lists those components and areas which the inspector was not able to test and the
reason for which it was not tested. It is recommended that these components and areas be made accessible and
be tested so as to determine the presence of lead based paint as soon as possible for the safety of the occupants
of this unit.The listed components are not eligible to be defined as present Lead Based Paint Hazards dire to the
inability to complete inspection required testing by the Risk Assessor.It is highly recommended that any future
disturbance of these component surface coating should be treated with caution and safety measures taken.Lead
Safe Work Practices are always recommended.
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AREAlLOCATION COMPONENT REASON NOT TESTED
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KEY:
UNC--UNCOATED
INA—INACCESSIBLE
ENCL—ENCLOSED
6, Ongoing Monitoring
Ongoing monitoring will be necessary in this property since lead based paint(LBP)is present. When
LBP is present,the potential exists for LBP hazards to develop. Hazards can develop by means such as,but not
limited to:the failure of lead hazard control measures;previously intact LBP becoming deteriorated;dangerous
levels of lead-in-dust(dust lead)re-accumulating through friction,impact,and deterioration of paint; or,through
the introduction of contaminated exterior dust and soil into the interior of the structure. Ongoing monitoring
typically includes two different activities:re-evaluation and annual visual assessments. A re-evaluation is a risk
assessment that includes limited soil and dust sampling and a visual evaluation of paint films and any existing
lead hazard controls. Re-evaluations are supplemented with visual assessments by the property owner,which
should be conducted at least once a year,when the property owner or its management agent(if the housing is
I rented in the future)receives complaints from residents about deteriorated paint or other potential lead hazards,
when the residence(or if,in the future,the house will have more than one dwelling unit,any unit that turns over
or becomes vacant),or when significant damage occurs that could affect the integrity of hazard control treatments
(e.g.,flooding,vandalism,fire). The visual assessment should cover the dwelling unit(if,in the future,the
housing will have more than one dwelling unit,each unit and each common area used.by residents),exterior
painted surfaces,and ground cover(if control of soil-lead hazards is required or recommended). Visual
assessments should confirm that all paint with known LBP is not deteriorating,that lead hazard control methods
have not failed,and that structural problems do not threaten the integrity of any remaining known or suspected
LBP.
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Visual assessments do not replace the need for professional re-evaluations by a certified risk assessor.
The re-evaluation should include;
1. A review of prior reports to determine where lead-based paint and lead-based paint hazards have been
found,what controls were done,and when these findings and controls happened;
2. A visual assessment to identify deteriorated paint,failures of previous hazard controls,visible dust and
debris,and bare soil;
3. Environmental testing for lead in dust,newly deteriorated paint,and newly bare soil;and
4. A report describing the Endings of the reevaluation,including the location of any lead-based paint
hazards,the location of any failures of previous hazard controls,and,as needed,acceptable options for
the control of hazards,the repair of previous controls,and modification of monitoring and maintenance
practices.
The first reevaluation should be conducted no later tban,two years after completion of hazard controls, 1
or,if specific controls or treatments are not conducted,two years from the beginning of ongoing lead based
paint monitoring and maintenance activities.Subsequent reevaluations should be conducted at intervals of two
years,plus or minus 60 days.If two consecutive reevaluations are conducted two years apart without Ending a
lead-based paint hazard,reevaluation may be discontinued,
Please refer to your community development agency,housing authority, or other applicable agency for
additional local/regional regulations and guidelines governing re-evaluation activities.
7. Disclosure Regulations
A copy of this complete report must be made available to new lessees(tenants)and must be provided
to purchasers of this property under Federal law before they become obligated under any future lease or sales
contract transactions(Section 1018 of Title X—found in 24 CFR Part 3 S and 40 CFR Part 745),until the
demolition of this property, Landlords(Lessors)and/or sellers are also required to distribute an educational
pamphlet developed by the EPA entitled "Protect Your Family From Lead in Your Horne"and include standard
warning language in their leases or sales contracts to ensure that parents have the information they need to protect
their children fi•om LBP hazards,
8. Conditions&Limitations
Staff of INSERT COMPANY have performed the tasks listed above requested by the Client in a thorough
and professional manner consistent with commonly accepted standard industry practices,using state of the art
practices and best available known technology,as of the date of the assessment, INSERT COMPANY cannot
guarantee and does not warrant that this Assessment has identified all adverse environmental factors and/or
conditions affecting the subject property on the date of the Assessment. INSERT CONTANY cannot and will
not warrant that the Assessment that was requested by the client will satisfy the dictates of,or provide a legal
defense in connection with,any environmental laws or regulations. It is the responsibility of the client to know
and abide by all applicable laws,regulations,and standards,including EPA's Renovation,Repair and Painting
regulation.
The results reported and conclusions reached by INSERT COMPANY are solely for the benefit of the
client. The results and opinions in this report,based solely upon the conditions found on the property as of the
date of the Assessment,will be valid only as of the date of the Assessment. INSERT COMPANY assumes no
obligation to advise the client of any changes in any real or potential lead hazards at this residence that may or
may not be later brought to our attention. Further conditions and limitations to this contracted report are included
in the general terms and conditions supplied to the client with the contract for services.
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9. Site Information and Field Testing j
a. Resident Questionnaire
A resident questionnaire was completed as part of the Assessment,to help the Client identify
particular use patterns of the unit that would contribute to LBP Hazards. The answers to the
questionnaire were obtained during an interview with the occupants,INSERT PROPERTY
OWNER. Following is a summary of the information obtained during that interview:
1
Children in the Household:
Children's bedroom locations:
Children's eating locations:
Primary interior la area(s):
Primary exterior plqy areas :
Toy Storage:
Pets:
Children's blood lead testing history:Yes or NO
Children Present has had a blood lead test
Observed chewed surfaces:
Women of child bearing age:
Previous lead testing:YES or NO
Most frequently used entrances;
Most frequently opened windows:
Structure cooling method:
Gardening—type and locations :
Plans for landscaping:
Cleaning regiment:
Cleaning methods:
Recently completed renovations:
Demolition debris on site:
Resident(s)with work lead exposure:Yes or NO
Residents have a work lead exposure that could
contribute to lead hazards within the home or exterior
structures
Planned renovations:
b. Building Conditions Survey
Date of Construction:
Apparent Buildin Use:
Setting:
Front Knq Faces:
Design:
Construction Type:
Lot Type:
Roof:
Front Ent Faces:
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Foundation;
Front Lawn Condition:
Back Lawn Condition:
Drip Line Condition:
Sita Evaluation:
Exterior Structural Condition:
Interior Structural Condition:
Overall Building/Site Condition:
C. Paint Condition Sux-vey
The purpose of the visual assessment element of the risk assessment is to locate potential
lead-based paint hazards,both exterior and interior.Within a dwelling unit,the visual assessment
should be conducted in all rooms.In multi-family buildings,the visual assessment should include
examination of common areas adjacent to sampled dwelling units(see Section IMB,below,regarding
unit sampling)and other common areas in which one or more children under age 6 are likely to
come in contact with dust.The risk assessor should also examine exterior painted surfaces,including
fences and outbuildings that are part of the residential property(such as garages,fences and storage
sheds)as well as buildings with living spaces.Also,the risk assessor should examine the grounds to
identify bare soil.The result should be a complete inventory of the location and approximate size
of each lead based paint hazard.
Please Note:EPA and HUD have provided a specific definition for the term"deteriorated paint."
Deteriorated paint is defined as"any interior or exterior paint or other coating that is peeling,chipping,
chalking or cracking,or any paint or coating located on an interior or exterior surface or fixture that
is otherwise damaged or separated from the substrate."This definition is most typically associated with
surface conditions only. Usage of this term in describing conditions other than those associated with
surface coatings are not known to be defined by EPA or HUD.
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Property address: Apt.No, Page of
Name of property owner;
Name of risk assessor: Date of assessment:
Visual Assessment Suave
Area Description Deteriorated Paint Notes[e,g.,
paint testing
(e.g.,3W,
lab analysis)
indicates
paint is or is
Building not lead-
Location of Component, Friction based paint;
Building Dust,or Bare Probable or 'Visible cause(s)of
Component, Soil Play Area Is Area Cause(s)of Impact Teeth hazard
Dust or Bare Area/Non- (sq. Small?z Deterioration Surface? Marks? control
Soil Play Area ft.) or N if Knoivn3 or or failures].
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d. Paint Sampling and Testing
LBP testing,conforming to the HUD Guidelines for the Evaluation and Control of Lead-Based Paint
Hazards in Housing and the OHHLHC Lead Based Paint Hazard Control Program guidelines,was completed at this
residence. No paint chip samples were taken, On X/XX/20XX,a total of�=tests(assays)were taken on
surfaces inside and outside of the residence using an x-ray fluorescence analyzer, Lead concentrations that meet or
exceed the IIUD published levels identified as being potentially dangerous(e.g.,greater than or equal to 1.0
milligrams per centimeter square[>1.0 mg/cm2])were encountered Place a brief summary of room locations and
components found to be a hazard such as:on the exterior sidinLx and trim,the exterior window components and
trim and all front porch components.
Some of the remaining test locations exhibited lead levels below the EPAII4UD limits,but in great enough
quantities to be detectable by our XRF analyzer, It should be noted that lead concentrations(in paint)that are less
than the levels that identify a surface coating as LBP still have the potential of causing lead poisoning. Should
these LBP painted components and/or surfaces be disturbed in any manner that generates dust,extreme care must
be taken to limit its spread. Lead Safe Work Practices are always recommended.
Testing was performed by INSERT LIRA NAME,a State of INSERT STATE certified Risk Assessor,
using the INSERT TYPE OF XRF X-ray Fluorescence analyzer(INSERT SERIAL#,State of INSERT STATE
license#INSERT LICENSE#). Please refer to the appendices for the detailed XRF,dust and soil sampling
analytical reports.Testing data in bold face indicates lead levels at or above the EPA Hazardous Levels of Lead
regulations that were published on January 5,2001.
e. XRT'Lead-Based Paint Testing Results(An actual read out sheet,if the format of report contains all
components listed below,can be included.
XRF nalytical Sam)Iina Results for Street Ci State ZIP
P_umber
L,ocationz Side Structure Feature Condition Substrate Color Result Lead
L intact m lem2
A deteriorated
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6
7
8 _
9
10
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15
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18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
See Sketch in Appendix A
XRF Calibration Checks
C-1 Calibration NIST Lead Paint Film Standard,1.0+.1,(Red NIST
veriEy Film
C-2 Calibration NIST Lead Paint Film Standard, 1.0+.1,(Red NIST
Verify Film)
C-3 Calibration NIST Lead Paint Film Standard, 1.0+.1,(Red NIST
Verify Film)
Performed by INSERT COMPANY,TNSERT ADDRESS
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f. Interior Dust Sampling
Dust samples must be collected from a window sill and floor area in all rooms of the housing unit where
young children will come into contact with dust. A minimum of eight(8)samples should be collected. A total of
INSERT#OF DUST WIPES dust wipe samples were collected in an effort to help to determine the levels of lead-
containing dust on the interior window sills and floors. These samples were collected from areas most likely to be
lead contaminated if lead-in-dust is present. These samples were collected in accordance with the requirements of
ASTM Standard E-1728, Standard Practice for Field Collection of Settled Dust Samples Using Wipe Sampling
Methods for Lead Determination by Atomic Spectrometry Techniques, EPA,HUD and State of INSERT STATE
regulations define the following as hazardous levels for lead dust in residences: floors—>-40 µgdt2(micrograms per
square foot);interior window sills—>250 µg/ftz. There is no EPA dust-lead hazard standard for window troughs.
Please refer to Appendix B—Dust Wipe Analytical Results for the laboratory reports and to Appendix I—Lead and
Lead Safety Information and Resources for a list of publications and resources addressing lead hazards and their
health effects;both are located at the end of this report. As indicated below,a hazardous level of leaded dust,as
defined by EPA and HUD,was detected in INSERT#OF SAMPLES samploo, This sample was obtained from
the INSERT LOCATION OF SAMPLES and constitutes a dust-lead hazard in that room. Testing data in bold face
indicates dust lead levels at or above the EPA Hazardous Levels of Lead regulations that were published on January
5,2001.
Sample Size Test Results
F1Type Location Component (ttz) Sample Location 1fe
1 Dust Wipe
2 Dust Wipe
3 Dust Wipe
4 Dust Wipe
5 Dust Wipe
6 Dust Wipe
7 Dust Wipe___
8 Dust Wipe
Laboratory Information:
LaboratoKy Name Street Address
-City,State ZIP
Dust Wipe Analysis Protocol: EPA Method XX000,0000,implementing
XXXXXXXXX XXXXXX XXX.XX XXXXX
Dust Wipe medium used: Lead-Wipes,ASTM#X0000-00agg
National Lead Laboratory Accreditation Program Serial #000000
number:
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g. Soil Sampling and Laboratory Information
INSERT#OF SOIL SAMPLES soil samples were collected at this residence in accordance with the
requirements of ASTM Standard E-1727,Standard Practice for Field Collection of Soil Samples for Lead
Determination by Atomic Spectrometry Techniques. The samples were collected from bare soil areas only. See
the following table for a summary of the soil sampling results. Please refer to Appendix C—Soil Sample d nalytiaal
Data for the detailed analytical reports. Testing data in bold face indicates soil lead levels at or above the EPA
Hazardous Levels of Lead regulations that ware published on January 5,2001.
Type Location Comments Test Results
µg/g)
# Composite
# Composite
Lab oratory Information:
Laboratory Name Street Address
City,State ZIP
Soil Analysis Protocol; EPA Method S W846,7420,implementing a microwave-
assisted di estion process.
National Lead Laboratory Accreditation #000000
Program Serial number:
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10, Lead-Based Paint Hazard Control Options
Lead abatement,interim controls,lead-safe work practices and worker/occupant protection practices
complying with current EPA,HUD and OSHA standards will be necessary to safely complete all work involving
the disturbance of LBP coated surfaces and components. In addition,any work considered lead hazard control will
enlist the use of interim control(temporary)methods and/or abatement(permanent)methods. It should be noted
that all lead hazard control activities have the potential of creating additional hazards or hazards that were not
present before. Properly trained and certified persons,as well as properly licensed firms(as mandated)should
accomplish all abatement/interim control activities conducted at this residence.
Details for the listed lead hazard control options and issues surrounding occupant/worker protection
practices can be found in the publication entitled: Guidelines for the Evaluation and Control of LBP Hazards in
Housing published by HUD,the Environmental Protection Agency(EPA.)lead-based paint regulations,and the
Occupational Safety and Health Administration(OSHA)regulations found in its Lead in Construction Industry
Standard.
Interim controls,as defined by HUD,means a set of measures designed to temporarily reduce human
exposure to LBP hazards and/or lead containing materials. These activities include,but are not limited to:
component and/or substrate stabilization,paint and varnish stabilization,and tilling and placement of appropriate
ground cover over bare soil areas.
Abatement,as defined by HUD,means any set of measures designed to permanently eliminate LBP and/or
LBP hazards. The product manufacturer and/or contractor must warrant abatement methods to last d minimum of
twenty(20)years,or these methods must have a design life of at least twenty(20)years. These activities include,
but are not necessarily limited to:the removal of LBP from substrates and components;the replacement of lead
based paint components;the permanent enclosure of LBP with construction materials;the encapsulation of LBP
with approved products; and the removal or permanent covering(concrete or asphalt)of soil-lead hazards.
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11. Appendices
Appendix A Dust Sample Data
Name of Laboratory
Street Address
City,State ZIP
Phone Number Fax Number
(List Lab Accreditation)
LABORATORY ANALYSIS REPORT
Lead Analysis by EPA OOOOX(0000 Method
CLIENT#: XXXXXXXX DATE COLLECTED: 00/00/0000
CLIENT: COMPANY DATE RECEIVED: 00/00/0000
ADDRESS: Street DATE ANALYZED: 00/00/0000
City,State ZIP DATE REPORTED: 00/00/0000
PO#: N/A SAMPLE TYPE: WIPE
PROJECT NAME: City of ANYTOWN
JOB LOCATION: Street,City,State ZIP
ALI Sample Client Sample Sample Area Dilution Total Lead Lead
No Sample No. Description 0) Factor (µg)* Concentration
• (µg/ft)
QC—18081 10.0 ppm Calibration Std
QC—18081 200 µ.g spike
QC—18081 5,0 ppm Calibration Std
QC--18081 Blank
QC—18081 NIST 2710 Standard
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ANALYST: XXXXX XXXXXX
Total No.of Pages in Report: 1 REVIEWED BY: XXXXXXX
Minimum Reporting Limit: 20 lrg Total Lead. Effective 316101,EPA Lead Hazard Standards:40 ltg/fi2 for floors and 250
ltg/ft2 for interior window sills, 400 pgfft2for window troughs, Industrial projects may have limits established per project.
*For trite values, assume two(2)significant figures.
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AppendixB Soil Sample Data
Name of Laboratory
Street Address
City,State ZIP
Phone Number Fax Number
(List Lab Aeoreditations)
LABORATORY ANALYSIS REPORT
Lead Analysis by EPA OOOOX/0000 Method
CLIENT#: XXXX.xXXX DATE COLLECTED: 00/00/0000
CLIENT: COMPANY DATE RECEIVED: 00/00/0000
ADDRESS: Street DATE ANALYZED: 00/00/0000
City,State ZIP DATE REPORTED: 00/00/0000
PO#: N/A SAMPLE TYPE: SOIL
PROJECT NAME: City of ANYTOWN
JOB LOCATION: Street,City,State AIP
ALI Sample Client Sample Sample Wt Dilution Factor Total Lead Lead Lead Cone
No Sample Description (mg) (µg)* Concentrati (ppm)
No. on(%by
wt)
QC—14669 10.0 ppm Calibration Std
QC—14669 200 µg spike
QC—14669 5.0 ppm Calibration Std
QC—14669 Blank
QC—14669 NIST 2710 Standard
ANALYST: XXXXX XXXXX REVIEWED BYXXXXX XXXXXX
Total No. of Pages in Report: 1
Minimum Reporting Limit: 20,ag Total Lead. Effective 316101,EPA Lead Hazard Standards: 40 g9fft2
j for floors and 250/rg/ft2for interior window sills, 400 P90for window troughs. Industrial projects may
have limits established per project. *For true values, assume two(2)significant figures.
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Appendix C Site and Floor Plan
Site and Floor Plan
Insert site and floor plans indicating the locations of XRF testing,soil Iead and dust lead sampling
performed at this property.Should include directional reference and a legend for any notations
made with the sketch.
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AppendixD PiskAssessor License and Certification
Copy of Pdsk Assessor's License/Certification
NOTE:In this age of electronic alteration and reproduction,HUD encourages all lead-based paint
professionals to give serious consideration to the issue of whether they wish to attach photocopies of their
certification(s)or license(s).
INSERT COPX'OF STATE/.+PA Panic ASSESSOR LICENSE/CERTIFICATION.
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Appendix E Firm's Lead Activity License/Ceri fication �
Copy of Firm's Lead Activity License/Certification
INSERT COPY OF FIRM'S LEAD ACTIVITY LICENSE/CERTI[FICAT]ION
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Appendix F XRF Training Certificate and Performance Characteristic Sheet
Copy of XRF Training Certificate
and
XRF Performance Characteristic Sheet
INSERT COPY OF XRF TRAINING CERTIFICATE.
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INSERT PCS.(IF MORE THAN ONE XRF moDr,,L wAS-USED,INSERT TBE PCS FOR EACH)
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Appendix G`LEAD SPEAK:"a brief glossary
Abatement:A measure or set of measures designed to permanently eliminate lead-based paint hazards or
lead-based paint.Abatement strategies include the removal of lead-based paint,enclosure,encapsulation,
replacement of building components coated with lead-based paint,removal of lead contaminated dust,
and removal of lead contaminated soil or overlaying of soil with a durable covering such as asphalt(grass
and sod are considered interim control measures).All of these strategies require preparation;cleanup;
waste disposal;post-abatement clearance testing;recordkeeping;and,if applicable,monitoring. (For full
EPA definition,see 40 CFR 745.223).
Bare soil: Soil not covered with grass,sod,some other similar vegetation,or paving,including the sand l
in sandboxes.
Chewable surface:An interior.or exterior surface painted with lead-based paint that ayoung child can
mouth or chew. A chewable surface is the same as an"accessible surface"as defined in 42 U,S.C.
4851b(2). Hard metal substrates and other materials that cannot be dented by the bite of a young child are
not considered chewable.
Deteriorated paint:Any paint coating on a damaged or deteriorated surface or fixture,or any interior or
exterior lead-based paint that is peeling,chipping,blistering,flaking,worn,chalking,alligatoring,
cracking,or otherwise becoming separated from the substrate.
Dripline/foundation area:The area within 3 feet out from the building wall and surrounding the
perimeter of a building.
Dust-lead hazard: Surface dust in residences that contains an area or mass concentration of lead equal to
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or in excess of the standard established by the EPA under Title N of the Toxic Substances Control Act.
EPA standards for dust-lead hazards,which are based on wipe samples,are published at 40 CFR
745.65(b),as of the publication of this edition of these Cnddelines,these are 40 µgW on floors and 250
µg/fe on interior windowsills.Also called lead-contaminated dust.
Friction surface:Any interior or exterior surface,such as a window or stair tread,subj ect to abrasion or
friction.
Garden area:An area where plants are cultivated for human consumption or for decorative purposes.
Impact surface:An interior or exterior surface(such as surfaces on doors)subject to damage by repeated
impact or contact.
Interim controls:A set of measures designed to temporarily reduce human exposure or possible
exposure to lead-based paint hazards.Such measures include,but are not limited to,specialized cleaning,
repairs,maintenance,painting,temporary containment,and the establishment and operation of
management and resident education programs.Monitoring,conducted by owners,and reevaluations,
conducted by professionals,are integral elements of interim control.Interim controls include dust
removal;paint film stabilization;treatment of friction and impact surfaces;installation of soil coverings,
such as grass or sod;and land use controls.Interim controls that disturb painted surfaces are renovation
activities under EPA's Renovation,Repair and Painting Rule,
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Lead-based paint:Any paint,varnish,shellac,or other coating that contains lead equal to or greater than
1.0 mg/cm2 as measured by XRF or laboratory analysis,or 0.5 percent by weight(5000 mg/g, 5000 ppm,
or 5000 mg/kg)as measured by laboratory analysis. (Local definitions may vary.)
Lead-based paint hazard:A condition in which exposure to lead from lead contaminated dust,lead
contaminated soil,or deteriorated lead-based paint would have an adverse effect on human health(as
established by the EPA at 40 CFR 745.65,under Title 1V of the Toxic Substances Control Act).Lead-
based paint hazards include,for example,paint-lead hazards,dust-lead hazards, and soil-,lead hazards.
Paint-lead hazard:Lead-based paint on a friction surface that is subject to abrasion and where a dust-
lead hazard is present on the nearest horizontal surface underneath the friction surface(e.g.,the window
sill,or floor);damaged or otherwise deteriorated lead-based paint on an impact surface that is caused by
impact from a related building component;a chewable lead-based painted surface on which there is
evidence of teeth marks;or any other deteriorated lead-based paint in any residential building or child-
occupied facility or on the exterior of any residential building or child-occupied facility.
Play area:An area of frequent soil contact by children of under age 6 as indicated by,but not limited to,
such factors including the following:the presence of outdoor play equipment(e.g.,sandboxes,swing sets,
and sliding boards),toys,or other children's possessions,observations of play patterns,or information
provided by parents,residents,care givers,or property owners.
Soil-lead hazard:Bare soil on residential property that contains lead in excess of the standard established
by the EPA under Title 1V of the Toxic Substances Control Act.EPA standards for soil-lead hazards,
published at 40 CFR 745.65(c),as of the publication of this edition of these Guidelines, is 400 µg/g in
play areas and 1,200 µg/g in the-rest of the yard.Also called lead-contaminated soil.
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Appendix H Additional Lead and Lead Safety Resource Data
KEY UNITS OF MEASUREMENT
Gram(g or gin):A unit of mass in the metric system,A nickel weighs about 1 gram,as does a 1'cube of
water 1 centimeter on each side,A gram is equal to about 35/1000(thirty-five thousandths of an ounce),
Another way to think of this is that about 28.4 grams equal 1 ounce,
µg(microgram):A microgram is 1/10000/of a milligram, To put this into perspective,a penny weighs
2 grams. To get a microgram;you would need to divide the penny into 2 million pieces. A microgram is
one of those two million pieces.
µg/dL(microgram per deciliter): used to measure the level of lead in children's and worker's blood to
establish whether intervention is needed. A deciliter is a little less than a half a cup.
µg/fe(micrograms per square feet):the unit used to express levels of lead in dust samples, All reports
should report levels of lead iri dust in µg/fe.
mg/cm2(milligrams per square centimeter):used to report levels of lead in paint thru XRF testing.
ppm(parts per million):Typically used to express the concentrations of lead in soil. Can also be used
to express the amount of lead in a surface coating on a mass concentration basis, This measurement can
also be shown as: µg/g,mg/kg or mg/l.
ppb(parts per billion);'Typically used to express the amount of lead found in drinking water, This
measurement is also sometimes expressed as: µg/L(micrograms per liter),
i. EPA/HCJD Lead-Based Paint and Lead-Based Paint Hazard Standards
Lead-Based Paint(may be determined in either of two ways)
• Surface concentration(mass of lead per area) 1.0 µg/cm2
• Bulk concentration(mass of lead per volume) 0.5%,5000 µg/g,or 5000 ppm
Dust-thresholds for Lead-Contamination
• Floors 40 µg/&
• Interior Window Sills 250 µg/ft2
• Window Troughs(clearance examination only) 400 µg/ft2
Soil-thresholds for Lead Contamination
• Play areas used by children under age 6 400 µg/g,or 400 ppm
• Other areas 1200 µg/g,or 1200 ppm
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Appendix l .Resources for additional information on lead-hased paint
and lead-hasedpaint hazards
1. National Lead information Center&Clearinghouse:
1-800-424 LEAD
www.cpa.gov/lead/pubs/nlic.htm
2. Centers for Disease Control and Prevention Lead Program:
www.cdc.goy/lead
Toll-free CDC Contact Center: 800-CDC-INFO;TTY 888-232-6348
CONSUME R PRODUCT SAFETY COMMISSION
www.cpsc.goy
Toll-free consumer hotline: 1-800-638-2772;TTY 301-595-7054
3. .Environmental Protection Agency Lead Program,-
www.epa.gov/lead
202-566-0500
HUD OFFICE OF HEALTHY HOMES AND LEAD HAZARD CONTROL;
www.hud.gov/offices/lead
202-402-7698
4. AN state Department of Health and Environment,Lead Poisoning Prevention Program
depthealth.state.an/lead/
Hearing-or speech-challenged individuals may access the federal agency numbers above through TTY by
calling the toll-free Federal Relay Service at 800-877-8339;see also htip://w4vw.federalrel4y.us/ttX.
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 01/14/20 M&C FILE NUMBER: M&C 20-0006
LOG NAME: 13P19-0098 LEAD PAINT INSPECTION&RISK ASSESSMENTS
SUBJECT
Authorize Execution of Non-exclusive Agreements with Baer Engineering&Environmental Consulting, Inc.and EnviroQuest, Inc.for Lead-Based
Paint Inspection and Risk Assessment Services for the Neighborhood Services Department in an Annual Combined Amount of up to
$150,000.00 and Authorize Four Annual Renewal Options(ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council authorize execution of non-exclusive agreements with Baer Engineering&Environmental Consulting, Inc.
and EnviroQuest, Inc.for lead-based paint inspection and risk assessment services for the Neighborhood Services Department in an
annual combined amount of up to$150,000.00 and authorize four annual renewal options.
DISCUSSION:
The Neighborhood Services Department approached the Purchasing Division to finalize annual contracts for lead-based paint inspection and risk
assessment services for all Council districts in Fort Worth. In order to procure these services,staff issued a Request for Proposal(RFP). The
RFP consisted of detailed specifications for lead-based paint inspection and risk assessment services.
The Request for Proposals(RFP)was advertised in the Fort Worth Star-Telegram on Wednesdays between July 3,2019 and July 31,2019.Sixty-
six vendors were solicited from the purchasing vendor database system and four responses were received.An evaluation committee consisting of
staff from the Neighborhood Services Department reviewed the proposals received. The evaluation factors included methodology and approach
to the project,demonstrated experience of the firm, personnel qualifications,ability to provide timely response and cost of inspections.The
proposals received from Baer Engineering&Environmental Consulting, Inc.and EnviroQuest, Inc.were found to provide the best value to the City.
The prices offered for the inspection services are lower than the average cost of a lead inspection according to Environmental Protection Agency
statistics.No guarantee was made that a specific amount of services would be purchased. However,the City will spend an annual combined
amount of up to$150,000.00 for these services.
The Neighborhood Services Department will use these contracts to purchase lead-based paint inspection and risk assessment services for
residential units in accordance with all state and federal regulations established by the Environmental Protection Agency,the United States
Department of Housing and Urban Development,and the State of Texas.Two firms were selected to provide the City with sufficient coverage to
avoid a backlog of inspections and assessments.Work orders will be issued on a roational basis for the two contractors based on inspection
completions and contractor availability.
On March 7,2017(M&C G-18966),the City authorized acceptance of a$3,000,000.00 grant for its Lead-Safe Program from the United States
Department of Housing and Urban Development(HUD)under its Lead Hazard Reduction Demonstration Grant Program and a$400,000.00
Healthy Homes supplemental grant. At the same time,the City Council authorized$750,000.00 in Community Development Block Grant funds a
direct match,as required by HUD for the grant.The purpose of the City's Lead-Safe Program(LSP)is to assess,treat and control lead-based
paint hazards in City housing units built prior to 1978 or in which children under the age of six reside or visit. Per grant requirements,preference
must be given to properties where children under the age of six reside or visit.The City's performance period for this grant is December 15,2017
through December 14,2020,and award of future Lead Hazard Reduction Demonstration Grant funds for the City's Lead-Safe Program is
anticipated to follow the successful completion of the current performance period.
The program provides lead inspections and risk assessment of housing units,as well as blood tests for children under six years of age and is
limited to homeowners earning at or below 80 percent of Area Median Income(AMI)as established by HUD annually.The grant also pays for lead
hazard reduction and interim controls in eligible properties including replacement of windows,doors and exterior siding,and removal of
contaminated dust.The Healthy Homes supplemental grant pays for health and safety-related repairs to properties eligible under the Lead Hazard
Reduction Grant to ensure that housing stock is safe for those who are particularly vulnerable to lead contamination such as children and the
elderly.
CONTRACT TERM-Upon City Council's approval,the Contract(s)awarded from this RFP shall be executed for a one-year initial term with four(4)
one-year options to automatically renew at the City's sole discretion.
M/WBE OFFICE-A waiver of the goal for MBE/SBE subcontracting requirements was requested by the Purchasing Division and approved by the
M/WBE Office,in accordance with the BDE Ordinance,because the purchase of goods or services is from sources where subcontracting or
supplier opportunities are negligible.
FISCAL INFORMATION/CERTIFICATION:
The Fiscal Year 2015 Budget included appropriations of$1,004,500.00 in the Lead Hazard Reduction Demonstration Grants Fund for contractual
services.To date,$11,720.00 of those appropriations have been expended. Upon approval of this recommendation,the Director of Finance
certifies that upon the recommendations,funds are available within the appropriation of the expenditures.
Submitted for City Manager's Office by- Kevin Gunn 2015
Originating Business Unit Head: Reginald Zeno 8517
Additional Information Contact: Laurena Hamilton 8321
Cynthia Garcia 8525