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CONTRACT NO,,
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PROFESSIONAL SERVICES AGREEMENT
This PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into by and
between the CITY OF FORT WORTH (the "City"), a home rule municipal corporation of the State of Texas,
acting by and through Fernando Costa, its duly authorized Acting Assistant City Manager, and ITECH
ENVIRONMENTAL SERVICES INC. ("Contractor") a Texas corporation, acting by and through Tom
Jankowiak, its duly authorized President.
CONTRACT DOCUMENTS:
The Contract documents shall include the following:
1. This Agreement for Professional Services
2. Exhibit A—Scope of Services
3. Exhibit B—Fee Schedule
4. Exhibit C - Sample Inspection/Risk Assessment Report
All Exhibits attached hereto are incorporated herein and made a part of this Agreement for all purposes. In the
event of any conflict between the documents, the tennis and conditions of this Professional Services Agreement
shall control. The term "Contractor" shall include the Consultant or Contractor, and its officers, agents, employees,
representatives, servants, contractors or subcontractors. The term "City" shall include its officers, employees,
agents, and representatives.
1. GENERAL
1.1 Contractor hereby agrees to provide the City, in accordance with appropriate professional standards,
lead-based paint inspection and risk assessment services, as outlined in Exhibit "A", including any
attachments thereto, all of which are hereby made part of this Agreement for all purposes. These
services shall be performed in connection with the Lead Hazard Reduction Demonstration Grant
Program.
1.2 Additional services, if any, will be requested in writing by the City. City shall not pay for any work
performed by Contractor or its subcontractors and/or suppliers that has not been ordered in writing. It
is specifically agreed that Contractor shall not be compensated for any alleged additional work
resulting from oral orders of any person.
2. AGREEMENT TERM
2.1 The initial term of the Agreement will be two (2) years and shall commence on September 16, 2015
("Effective Date") and shall expire on September 14, 2017, unless terminated earlier in accordance
with the provisions of this Agreement.
2.2 City shall have the sole right to renew this Agreement for three (3) additional one-year terms. If City
desires to exercise an option to renew, City shall notify Contractor in writing of its intention to renew at
least 60 days prior to the end of the then-current term. Compensation to be paid during any option term
shall be the same as that provided for in the Initial Term.
3. COMPENSATION
The City shall pay Contractor an amount not to exceed $100,000.00 in accordance with the provisions of this
Agreement and the Fee Schedule attached as Exhibit "B," which is incorporated for all purposes herein.
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Payments are to be made within 30 days of receipt of invoice from Contractor for services. Payment shall be
considered full compensation for all labor, materials, supplies, and equipment necessary to complete the
services described in Attachment"A". Contractor shall not perform any additional services for the City not
specified by this Agreement unless the City requests and approves in writing the additional costs for such
services. The City shall not be liable for any additional expenses of Contractor not specified by this
Agreement unless the City first approves such expenses in writing.
The Contractor shall provide monthly invoices to the City. Payment for services rendered shall be due
within thirty (30) days of the uncontested performance of the particular services so ordered and receipt by
City of Contractor's invoice for payment of same.
Acceptance by Consultant of said payment shall operate as and shall release the City from all claims or
liabilities under this Agreement for anything related to, done, or furnished in connection with the services for
which payment is made, including any act or omission of the City in connection with such services.
4. MINORITY BUSINESS ENTERPRISE (MBE)PARTICIPATION
4.1 A waiver of the goal for MBE/SBE subcontracting requirements was requested by the Purchasing
Division and approved by the Minority/Women Owned Business Enterprise (M/WBE) Office, in
accordance with the Business Diversity Enterprise (BDE) Ordinance, because the purchase of goods or
services is from sources where subcontracting or supplier opportunities are negligible.
5. TERMINATION
5.1 Written Notice
The City may terminate this Agreement at any time, with or without cause, by providing the Contractor
with 30 days' written notice of termination. Upon the receipt of any such notice, Contractor shall
immediately discontinue all services and work and the placing of all orders or the entering into
contracts for all supplies, assistance, facilities and materials in connection with the performance of this
Agreement and shall proceed to cancel promptly all existing contracts insofar as they are chargeable to
this Agreement.
Either the City or the Contractor for cause may terminate this Agreement if either Party fails
substantially to perform through no fault of the other and does not commence correction of such
nonperformance with 5 days of written notice and diligently complete the correction thereafter.
5.2 Non-appropriation of Funds
In the event no funds or insufficient funds are appropriated by the City in any fiscal period for any
payments due hereunder, City will notify Contractor 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 the City of any kind whatsoever, except as to the portions of the payments herein agreed
upon for which funds shall have been appropriated.
5.3 Duties and Obligations of the Parties following Termination
In the event that this Agreement is terminated prior to the expiration of the then current term,
Contractor shall, to the extent permissible by applicable law, provide the City with copies of all
completed or partially completed documents, including reports or drawings, prepared under this
Professional Services Agreement,ITech Environmental Services Inc., Page 2 of 38
Agreement at no additional cost to the City. City shall pay Contractor for services actually rendered up
to the effective date of termination, and Contractor shall continue to provide the City with services
requested by the City and in accordance with this Agreement up to the effective date of termination.
The City also shall pay Contractor for services actually performed in accordance herewith prior to such
termination, less such payments as have been previously made, in accordance with a final statement
submitted by Contractor documenting the performance of such work. CONTRACTOR SHALL NOT
BE ENTITLED TO ANY LOST OR ANTICIPATED PROFITS SHOULD THE CITY ELECT TO
TERMINATE THIS AGREEMENT.
6. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION
6.1 Disclosure of Conflicts
Contractor hereby warrants to the City that Contractor has made full disclosure in writing of any
existing or potential conflicts of interest related to services to be performed under this Agreement. In
the event that any conflicts of interest arise after the Effective Date of this Agreement, Contractor
hereby agrees immediately to make full disclosure to the City in writing. Contractor, for itself and its
officers, agents and employees, further agrees that it shall treat all information provided to it by the
City as confidential and shall not disclose any such information to a third party without the prior
written approval of the City. Contractor 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. Contractor shall notify the City immediately if the security or integrity of any City
information has been compromised or is believed to have been compromised.
6.2 Confidential and Public Information.
Contractor, for itself and its officers, agents and employees, agrees that it shall treat all information
provided to it by the City ("City Information") as confidential and shall not disclose any such
information to a third party without the prior written approval of the City.
Notwithstanding the foregoing, Contractor understands and agrees that the City is a public entity
under the laws of the State of Texas, and as such, is subject to various public information laws and
regulations, including, but not limited to, the Texas Public Information Act, Chapter 552 of the Texas
Government Code (the "Act"). Contractor acknowledges that, under the Act, the following
information is subject to disclosure: 1) all documents and data held by the City, including
information obtained from the Contractor, and 2) information held by the Contractor for or on behalf
of City that relates to the transaction of City's business and to which City has a right of access. The
City shall not be liable or responsible in any way for the disclosure of information if disclosure is
required by the Act or any other applicable law or court order. In the event there is a request for such
information to which the Contractor objects, it will be the responsibility of Contractor to
submit reasons objecting to disclosure. A determination on whether such reasons are sufficient will
not be decided by the City, but by the Office of the Attorney General of the State of Texas or by a
court of competent jurisdiction.
7. RIGHT TO AUDIT
7.1 Contractor agrees that the City shall, until the expiration of five (5) years after final payment under
this Agreement, have access to and the right to examine, to the extent permissible by applicable law,
at reasonable times any directly pertinent books, documents, papers and records of Contractor
involving transactions relating to this Agreement at no additional cost to the City. Contractor agrees
Professional Services Agreement, ITech Environmental Services Inc., Page 3 of 38
that the City shall have access during normal working hours to all necessary Contractor facilities and
shall be provided adequate and appropriate work space in order to conduct audits in compliance with
the provisions of this section. The City shall give Contractor reasonable advance notice of intended
audits. Contractor agrees to photocopy such documents as may be requested by the City. City agrees
to reimburse Contractor for the cost of copies at the rate published in the Texas Administrative Code
in effect as of the time copying is performed.
7.2 Contractor fin-ther agrees to include in all its subcontractor agreements hereunder a provision to the
effect that the subcontractor agrees that the City shall, until expiration of five (5) years after final
payment of the subcontract, have access to and the right to examine at reasonable times any directly
pertinent books, documents, papers and records of such subcontractor involving transactions related to
the subcontract, and further that City shall have access during normal working hours to all
subcontractor facilities and shall be provided adequate and appropriate work space in order to conduct
audits in compliance with the provisions of this paragraph. City shall give subcontractor reasonable
notice of intended audits. Subcontractor shall be required to photocopy such documents as may be
requested by the City. City agrees to reimburse subcontractor for the cost of copies at the rate
published in the Texas Administrative Code in effect as of the time copying is performed.
This section shall survive the expiration or termination of this Agreement.
8. INDEPENDENT CONTRACTOR
It is expressly understood and agreed that Contractor shall operate hereunder as an independent contractor
as to all rights and privileges granted herein, and not as agent, representative or employee of the City.
Subject to and in accordance with the conditions and provisions of this Agreement, Contractor 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, contractors and subcontractors. Contractor
acknowledges that the doctrine of respondeat superior shall not apply as between the City, its officers,
agents, servants and employees, and Contractor its officers, agents, employees, servants, contractors and
subcontractors. Nothing herein shall be construed as the creation of a partnership or joint enterprise
between City and Contractor.
9. LIABILITY AND INDEMNIFICATION
9.1 LIABILITY- CONTRACTOR 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), MALFEASANCE OR INTENTIONAL MISCONDUCT OF CONTRACTOR,
ITS OFFICERS,AGENTS, SERVANTS OR EMPLOYEES.
9.2. INDEMNIFICATION - CONTRACTOR AGREES TO DEFEND, INDEMNIFY, AND HOLD
THE CITY, ITS OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES HARMLESS
AGAINST ANY AND ALL CLAIMS, LAWSUITS, ACTIONS, COSTS, AND EXPENSES OF
ANY KIND, INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE OR
LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO OWNER'S BUSINESS AND ANY
RESULTING LOST PROFITS) AND/OR PERSONAL INJURY(INCLUDING DEATH), THAT
MAY RELATE TO,ARISE OUT OF, OR BE OCCASIONED BY(I)BREACH OF ANY OF THE
TERMS OR PROVISIONS OF THIS AGREEMENT BY CONSULTANT, ITS OFFICERS,
Professional Services Agreement, ITech Environmental Services Inc., Page 4 of 38
AGENTS, ASSOCIATES, SERVANTS, EMPLOYEES, CONTRACTORS (OTHER THAN THE
CITY) OR SUBCONTRACTORS, OR (II) ANY NEGLIGENT ACT OR OMISSION OR
INTENTIONAL MISCONDUCT OF CONSULTANT, ITS OFFICERS, AGENTS,
ASSOCIATES, SERVANTS, EMPLOYEES, CONTRACTORS (OTHER THAN THE CITY), OR
SUBCONTRACTORS RELATED TO THE PERFORMANCE OF THIS AGREEMENT; THE
INDEMNITY PROVIDED FOR IN THIS SECTION
SHALL NOT APPLY TO ANY LIABILITY RESULTING FROM THE SOLE NEGLIGENCE
OF CITY OR ITS OFFICERS,AGENTS, EMPLOYEES, OR SEPARATE CONTRACTORS. IN
THE EVENT OF JOINT AND CONCURRENT NEGLIGENCE OF BOTH CONSULTANT
AND CITY, RESPONSIBILITY, IF ANY, SHALL BE APPORTIONED COMPARA TIVEL Y IN
ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. NOTHING HEREIN SHALL
BE CONSTRUED AS A WAIVER OF THE CITY'S GOVERNMENTAL IMMUNITY AS
FURTHER PROVIDED BY THE LAWS OF TEXAS.
9.3 SUBCONTRACTORS- CONTRACTOR SHALL REQUIRE ALL OF ITS SUBCONTRACTORS
AND ASSIGNEES TO INCLUDE IN THEIR SUBCONTRACTS OR ASSIGNMENTS A
RELEASE AND INDEMNITY IN FAVOR OF THE CITY IN SUBSTANTIALLY THE SAME
FORM AS ABOVE. THIS SECTION SHALL SURVIVE THE EXPIRATION OR
TERMINATION OF THIS AGREEMENT.
10. ASSIGNMENT
Contractor shall not assign or subcontract any of its duties, obligations or rights under this Agreement
without the express prior written consent of the City. If the City grants consent to an assignment, the assignee
shall execute a written agreement with the City and Contractor under which the assignee agrees to be bound
by the duties and obligations of Contractor under this Agreement. Contractor and Assignee shall be jointly
liable for all obligations under this Agreement prior to the date of assignment. If the City grants consent to a
subcontract, the subcontractor shall execute a written agreement with Contractor referencing this Agreement
under which the subcontractor shall agree to be bound by the duties and obligations of Contractor under this
Agreement as such duties and obligations may apply. Contractor shall provide the City with a fully executed
copy of any such subcontract.
11. INSURANCE
11.1 Contractor shall not commence work under this Agreement until it has obtained all insurance required
under this Section and the City has approved such insurance, nor shall Contractor allow any
subcontractor or subconsultant to commence work on its subcontract until all
similar insurance of the subcontractor or subconsultant has been so obtained and approval given by the
City; provided, however, Contractor may elect to add any subcontractor as an additional insured under
its liability policies.
11.2 The City reserves the right to review the insurance requirements of this section during the effective
period of the Agreement and any extension or renewal hereof, and to modify insurance coverage and
limits when deemed necessary and prudent by the City's Risk Manager based upon changes in statutory
law, court decisions, or circumstances surrounding this Agreement, but in no instance will the City
allow modification whereupon the City may incur increased risk.
11.3 Contractor's financial integrity is of interest to the City; therefore, subject to Contractor's right to
maintain reasonable deductibles, Contractor shall obtain and maintain in full force and effect for the
Professional Services Agreement, ITech Environmental Services Inc., Page 5 of 38
duration of the Agreement, and any extension hereof, at Contractor's sole expense, insurance coverage
written on an occurrence basis, except Technology and Professional Liability, which may be written on
a claims-made basis. All insurance required under this Agreement must be written by a company that is
authorized and admitted to do business in the State of Texas and that is rated A-VII or better by A.M.
Best Company or similar rating acceptable to the City. Coverage shall be written in the following types
and amounts:
1 1.3.1 Workers' Compensation—Statutory
Employers' Liability-$500,000/$500,000/$500,000
11.3.2 Commercial General (Public) Liability Insurance to include the following types of coverage:
Premises/Operations,Independent contractors, Products/Completed Operations, Personal Injury,
and Contractual Liability.
(Combined Single Limit for Bodily Injury and Property Damage $1,000,000 per
Occurrence and $2,000,000 Aggregate)
11.3.3 Automobile Liability for Owned/Leased vehicles,Non-Owned vehicles, and Hired Vehicles
(Combined Single Limit for Bodily Injury and Property Damage$1,000,000 per accident)
11.3.4 Commercial Umbrella- $1,000,000 per occurrence$1,000,000 Aggregate
11.3.5 Cyber Liability- $1,000,000 per Claim,$1,000,000 Aggregate
11.4 For coverage underwritten on a claims-made basis, the retroactive date shall be coincident with or prior
to the Effective Date of the Agreement and the certificate of insurance shall state the coverage is
claims-made and indicate the retroactive date.
11.5 All required insurance shall be maintained for the duration of the Agreement. An annual certificate of
insurance submitted to the City shall evidence such insurance coverage.
11.6 City shall be entitled, upon request and without expense, to receive copies of the policies and all
endorsements thereto as they apply to the limits required by the City, and may make a reasonable
request for deletion, revision, or modification of particular policy terms, conditions, limitations or
exclusions (except where policy provisions are established by law or regulation binding upon either of
the parties hereto or the underwriter of any such policies). Upon such request by the City, Contractor
shall exercise reasonable efforts to accomplish such changes in policy coverage and shall pay the cost
thereof.
11.7 Contractor agrees that with respect to the above-required insurance, all insurance contracts and
Certificate(s)of Insurance will contain the following required provisions:
11.7.1 With the exception of Workers' Compensation and Professional Liability policies, name the
City and its officers, employees, officials, agents, and volunteers as additional insureds in
respect to operations and activities of, or on behalf of, the named insured performed under the
Agreement with the City.
11.7.2 An endorsement stating that Contractor's insurance shall be deemed primary and non-
contributory with respect to any insurance or self-insured retention carried by the City for
liability arising out of operations Linder the Agreement with the City.
Professional Services Agreement,ITech Environmental Services Inc., Page 6 of 38
11.7.3 Contractor's Workers' Compensation and Employers' Liability policy will provide a waiver of
subrogation in favor of the City.
11.8 Each insurance policy shall be endorsed to provide the City a minimum thirty days' notice of
cancellation, non-renewal, and/or material change in policy terms or coverage. Further, Contractor
shall notify the City in the event of any notice of cancellation, non-renewal or material change in
coverage and shall give such notices not less than thir-ty(30) days prior to the change, or ten (10) days'
notice for cancellation due to nonpayment of premiums, which notice must be accompanied by a
replacement Certificate of Insurance. Al l notices shall be given to the City at the following address:
City of Fort Worth
Attn: Fernando Costa, Assistant City Manager
1000 Throckmorton Street
Fort Worth, Texas 76102
A copy must also be sent to the City's Risk Manager at the same address.
11.9 If Contractor fails to maintain the aforementioned insurance, or fails to secure and maintain the
aforementioned endorsements, the City may obtain such insurance, and deduct and retain the amount
of the premiums for such insurance from any sums due under the Agreement; however, procuring of
said insurance by the City is an alternative to other remedies the City may have, and is not the
exclusive remedy for failure of Contractor to maintain said insurance or secure such endorsement. In
addition to any other remedies the City may have upon Contractor's failure to provide and maintain
any insurance or policy endorsements to the extent and within the time herein required, the City shall
have the right to order Contractor to stop work hereunder, and/or the right to withhold any payment(s)
that become due to Contractor hereunder until Contractor demonstrates compliance with the
requirements hereof.
11.10 Nothing herein contained shall be construed as limiting in any way the extent to which Contractor
may be held responsible for payments of damages to persons or property resulting from Contractor's
or its subcontractors' performance of the work covered under this Agreement.
11.11 Any failure on the part of the City to request required insurance documentation shall not constitute a
waiver of the insurance requirement.
12. COMPLIANCE WITH LAWS ORDINANCES RULES AND REGULATIONS
In fulfilling its obligations under this Agreement, Contractor, its officers, agents, servants, employees, and
subcontractors, agree to comply with all applicable federal, state, and local laws and ordinances, and with all
applicable rules and regulations promulgated by the local, state and national boards, bureaus and agencies.
Approval by the City shall not constitute or be deemed to be a release of the responsibility and liability of
Contractor or its officers, agents, employees, contractors and subcontractors for the accuracy and competency
of its services performed hereunder. If the City notifies Contractor of any violation of such laws, ordinances,
rules or regulations, Contractor shall immediately desist from and correct the violation. Contractor agrees to
defend, indemnify and hold harmless City and all of its officers, agents and employees from and against all
claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be
by itself or its employees.
Professional Services Agreement, ITech Environmental Services Inc., Page 7 of 38
13. NON-DISCRIMINATION COVENANT
Contractor, for itself, its personal representatives, assigns, subcontractors and successors in interest,
as part of the consideration herein, agrees that in the performance Contractor'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 Contractor its personal representatives, assignees, subcontractors or
successors in interest, Contractor agrees to assume such liability and to indemnify and defend the City
and hold the City harmless from such claim.
This Agreement is made and entered into with reference specifically to the provisions in the City Code
of the City of Fort Worth prohibiting discrimination in employment practices, and Contractor hereby
covenants and agrees that Contractor, its officers, agents, servants, employees, and subcontractors
have fully complied with all provisions of same and that no employee or employee-applicant has been
discriminated against by either Contractor,its officers, agents,servants, employees, or subcontractors.
14. NOTICES
Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been
delivered when (i) hand-delivered to the other party, its agents, employees, servants or representatives; (ii)
delivered by facsimile with electronic confirmation of the transmission; or(iii) received by the other party by
United States Mail, registered, return receipt requested, addressed as follows:
To CITY: To CONTRACTOR
City of Fort Worth ITech Environmental Services, Inc.
Attn: Fernando Costa Attn: Tom Jankowiak
1000 Throckmorton Address: 2121 Grandview Drive
Fort Worth TX 76102-6311 Fort Worth, TX 76112
Facsimile: (817) 392-7766 Email: env1ro141 @yahoo.com
E-mail: fernando.costa @fortworthtexas.gov
With Copy to City Attorney's Office at same
address
16. SOLICITATION OF EMPLOYEES
Neither the City nor Contractor 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.
17. GOVERNMENTAL POWERS
It is understood and agreed that by execution of this Agreement, the City does not waive or surrender any of
its governmental powers.
Professional Services Agreement,ITech Environmental Services Inc., Page 8 of 38
18. NO WAIVER
The failure of the City or Contractor 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 the City's or Contractor's
respective right to insist upon appropriate performance or to assert any such right on any future occasion.
19. GOVERNING LAW/VENUE
This Agreement shall be construed in accordance with the internal laws of the State of Texas. If any action,
whether real or asserted, at law or in equity, is brought on the basis of 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.
20. 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, and this Agreement
shall be construed as if such invalid or unconstitutional portion had never been contained therein.
21. FORCE MAJEURE
The City and Contractor Agreement. If either party is unable, either in whole or part, to fulfill its obligations
under this Agreement due to acts of God; strikes, lockouts, or other industrial disturbances; acts of public
enemies; wars; blockades; insurrections; riots; epidemics; public health crises; earthquakes; fires; floods;
restraints or prohibitions by any court, board, department, commission, or agency of the United States or of
any state; declaration of a state of disaster or of emergency by the federal, state, county, or City government
in accordance with applicable law; issuance of a Level Orange or Level Red Alert by the United States
Department of Homeland Security; any arrests or restraints; civil disturbances; explosions; or some other
reason beyond the party's reasonable control (collectively, "Force Majeure Event"), the obligations so
affected by such Force Majeure Event will be suspended only during the continuance of such event.
22. HEADINGS NOT CONTROLLING
Headings and titles used in this Agreement are for reference purposes only and shall not be deemed a part of
this Agreement.
23. 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 party
shall not be employed in the interpretation of this Agreement or exhibits hereto.
24. AMENDMENTS/MODIFICATIONS/EXTENSIONS
No extension, modification or amendment of this Agreement shall be binding upon a party hereto unless such
extension, modification, or amendment is set forth in a written instrument, which is executed by an
authorized representative and delivered on behalf of such party.
Professional Services Agreement, ITech Environmental Services Inc., Page 9 of 38
26. ENTIRETY OF AGREEMENT
This Agreement, including the schedule of exhibits attached hereto and any documents incorporated herein
by reference, contains the entire understanding and agreement between the City and Contractor, 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.
27. SIGNATURE AUTHORITY
Each person signing this Agreement hereby warrants that he/she has the legal authority to execute this
Agreement on behalf of his/her respective party, and further warrants that such binding authority has been
granted by proper order, resolution, ordinance, or other authorization of the entity. The other party is fully
entitled to rely on this warranty and representation in entering into this Agreement.
[SIGNATURE PAGE FOLLOWS]
Professional Services Agreement, ITech Environmental Services Inc.,Page 10 of 38
E WHEREOF the arties hereto have executed this Agreement in multiples on this the day 1N ,
ITN .. 2015. P g p ay of
CITY OF FORT WORTH ITECH ENVIRONME L SERVICES INC.
J
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Fernando Costa Tom Jankowiak
Assistant City Manager President
Date: Date: ® °°
APPROVED AS TO FORM
AND LEGALITY:
Grant Jo dan ::;
Assistant City Attorney II
APPROVAL RECOMMENDED:
By:
Title:
CONTRACT AUTHORIZATION:
M&C:
Date Approved
>r� 11y S 1
AS
RLry
Professional Services Agreement, ITech Environmental Services Inc., Page I I of 38
EXIIIBIT A
Scope of Services
1. ITech Environmental Services 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 Department of Housing and Economic Development 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"C".
3. ITech Environmental Services Inc. shall perform laboratory testing services to include soil, dust, and paint
chip samples. Contractor shall be responsible for collecting and shipping the samples with the correct
Chain-of-Custody forms for testing. Shipping and testing media will be provided to the Contractor by the
Office of Housing and Economic Development
4. ITech Environmental Services Inc. shall be provided client name, address and phone number to schedule
inspection date and time with the homeowner. Contractor shall be responsible for finding out if client's
home has burglar bars on windows before conducting an inspection/risk assessment.
5. ITech Environmental Services 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. ITech Environmental Services Inc. shall take X-ray fluorescent (XRF) shots on all window components of
each window.A minimum of 300-500 shots per home shall be submitted to the City by the Contractor.
7. ITech Environmental Services Inc. shall provide measurements of windows and areas that are positive and
deteriorated.
8. ITech Environmental Services 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. ITech Environmental Services Inc. shall provide photos of positive materials and photos of the
entire property.
Professional Services Agreement, ITech Environmental Services Inc.,Page 12 of 38
EXHIBIT B
Fee Schedule
Service Fee Per Inspection
1. Lead Inspection and Risk Assessment is to be performed $615.00
within 21 working days from issuance of.assignment
with reports delivered to CFW Lead Safe Program within
10 working days of inspection. Samples will be collected
and shipped by contractor. CFW will be responsible for lab fees.
2. Healthy Homes hlspection will be conducted by qualified $165.00
personnel to address the 29 hazards identified by the Healthy
Homes Rating System. Average inspection time estimated to
be 1-2 hours. Training will be paid for by the City of Fort Worth
Lead-Safe Program. Travel and accommodations for training
will be the responsibility of the Contractor.
Professional Services Agreement, ITech Environmental Services Inc., Page 13 of 38
EXIIIBIT C
Sample Inspection/Risk Assessment Report
Lead Based Paint Inspection and
Lead Hazard Risk Assessment Report
t
r
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
Street
City, State ZIP
Phone Number
Fax Number
Project Number
Professional Services Agreement, ITech Environmental Services Inc.,Page 14 of 38
TABLE OF CONTENTS
1. Letter to Owner
2. Executive Summary
3. Identifying Information and Purpose of Lead Based Paint Inspection and Lead Hazard Risk Assessment
4. Identified Lead Hazards
5. 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
e. 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/Certification
e. Appendix E Copy of Firm's Lead Activity License/Certification
f. Appendix F Copy of XRF Training Certificate annd XRF Performance
Characteristic Sheet
g. Appendix G "Lead Speak:"A Brief Glossary
h. Appendix H Additional Lead and Lead Safety Resource Data
i. Appendix I Resources for additional information on lead-based paint and lead-
based paint hazards
Professional Services Agreement,ITech Environmental Services Inc., Page 15 of 38
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.
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:
1.
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.
1.
2.
ETC.
Sincerely
Risk Assessor, #XXXX-XXXXXX
COMPANY
NOTE: A copy of this report must be provided to new lessees(tenants)and purchasers of this property under federal law(24 CFR
part 35 and 40 CFR part 745)before they become obligated under a lease or sales contract. The complete report also must be
provided to new purchasers and it must be made available to new tenants. Landlords(lessors)and sellers also are required to
distribute an educational pamphlet approved by the United States Environmental Protection Agency and include standard warning
language in their leases or sale contracts to ensure that parents have the information they need to protect children from lead-based
paint hazards.
Professional Services Agreement, ITech Environmental Services Inc.,Page 16 of 38
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 LIRA
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
Professional Services Agreement, ITech Environmental Services Inc., Page 17 of 38
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 OHHLHC program grant fiends 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(HUD) 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.
5. Excluded Components
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 due 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.
Professional Services Agreement, ITech Environmental Services Inc.,Page 18 of 38
AREA/LOCATION COMPONENT REASON NOT TESTED
KEY:
UNC—UNCOATED
INA—INACCESSIBLE
ENCL—ENCLOSED
6. Ongoing Monitoring
On-going 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
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.
Professional Services Agreement, ITech Environmental Services Inc.,Page 19 of 38
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 findings 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 than two years after completion of hazard controls,
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 finding 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 35 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 Home"and include standard
warning language in their leases or sales contracts to ensure that parents have the information they need to protect
their children from 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 COMPANY 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.
Professional Services Agreement, ITech Environmental Services Inc.,Page 20 of 38
9. Site Information and Field Testing
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
in
OWNER. Following is a summary of the information obtained during that interview:
Children in the Household:
Children's bedroom locations:
Children's eating locations:
Primary interior play area(s):
Primary exterior play area(s):
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 location(s):
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 Building Use:
Setting:
Front Entry Faces:
Design:
Construction Type:
Lot Type:
Roof:
Front Entry Faces:
Professional Services Agreement, ITech Environmental Services Inc.,Page 21 of 38
Foundation:
Front Lawn Condition:
Back Lawn Condition:
Drip Line Condition:
Site Evaluation:
Exterior Structural Condition:
Interior Structural Condition:
Overall Building/Site Condition:
C. Paint Condition Survey
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 IILB,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.
Professional Services Agreement, ITech Environmental Services Inc., Page 22 of 38
Property address: Apt.No. Page of
Name of property owner:
Naive of risk assessor: Date of assessment:
Visual Assessment Survey
Area Description Deteriorated Paint Notes [e.g.,
paint testing
(e.g.,XRF,
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.) Y or N if Known3 F or I Y or N failures
Professional Services Agreement, ITech Environmental Services Inc., Page 23 of 38
d. Paint Sampling and Testing
LBP testing, conforming to the HUD Guidelines for the Evaluation and Control of Lead-Based Paint
Hazards iii 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 XXX 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 HUD 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 sidin[4 and trim,the exterior window components and
trim, and all front porch components.
Some of the remaining test locations exhibited lead levels below the EPA/FTUD 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 LI/RA 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. XRF Lead-Based Paint Testing Results (An actual read out sheet,if the format of report contains all
components listed below, can be included.
XRF Anal tical SamAing Results for Street Ci State ZIP
Reading Location Side Structure Feature Condition Substrate Color Result Lead
Number I intact m /cm2
D deteriorated
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
Professional Services Agreement,ITech Environmental Services Inc., Page 24 of 38
17
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
Verify 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 INSERT ADDRESS
Professional Services Agreement, ITech Environmental Services Inc., Page 25 of 38
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 µg/R4(micrograms per
square foot); interior window sills—>-250 µg/ft2. 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 sample. 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
Type Location Component (ft2) Sample Location ( /ft2)
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:
Laboratory Name Street Address
City, State ZIP
Dust Wipe Analysis Protocol: EPA Method XX000, 0000, implementing
XXXXXXXXX XXXXXX XXXXX XXXXX
Dust Wipe medium used: Lead-Wi es, ASTM#X0000-00agg
National Lead Laboratory Accreditation Program Serial #000000
number:
Professional Services Agreement,ITech Environmental Services Inc., Page 26 of 38
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 Analytical
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 were published on January 5, 2001.
Type Location Comments Test Results
(µg/g)
# Composite
# Composite
Laboratory Information:
Laboratory Name Street Address
City, State ZIP
Soil Analysis Protocol: EPA Method SW846, 7420, implementing a microwave-
assisted digestion process.
National Lead Laboratory Accreditation #000000
Program Serial number:
Professional Services Agreement,ITech Environmental Services Inc.,Page 27 of 38
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 a 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.
Professional Services Agreement,ITech Environmental Services Inc.,Page 28 of 38
11. Appendices
Appendix A Dust Sample Data
Name of Laboratory
Street Address
City, State ZIP
Phone Number Fax Number
(List Lab Accreditations)
LABORATORY ANALYSIS REPORT
Lead Analysis by EPA 0000X/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: W TE
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 (ft') Factor (n)* Concentration
(µg/ft)
QC— 18081 10.0 ppm Calibration Std
QC— 18081 200 µg spike
QC— 18081 5.0 ppm Calibration Std
QC— 18081 Blank
QC— 18081 NISI 2710 Standard
ANALYST: XXXXX XXXXXX
Total No. of Pages in Report: 1 REVIEWED BY: XXXXXX XXXXXXX
Minimum Reporting Limit: 20,ug Total Lead. Effective 316101, EPA Lead Hazard Standards: 40,ug/ft for floors and 250
yg/ft for interior window sills, 400 erg/ft'for window troughs. Industrial projects may have limits established per project.
*For true values, assume two (2)significant figures.
Professional Services Agreement, ITech Environmental Services Inc.,Page 29 of 38
Appendix B Soil Sample Data
Name of Laboratory
Street Address
City, State ZIP
Phone Number Fax Number
(List Lab Accreditations)
LABORATORY ANALYSIS REPORT
Lead Analysis by EPA 0000X/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 #: NIA 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 Conc
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,cg Total Lead. Effective 316101, EPA Lead Hazard Standards: 40,u90
for floors and 250 ltg/ft for interior window sills, 400,ug/ft2for window troughs. Industrial projects may
have limits established per project. 'For true values, assume two (2) significant figures.
Professional Services Agreement,ITech Environmental Services Inc., Page 30 of 38
Appendix C Site and Floor Plan
Site and Floor Plan
Insert site and floor plans indicating the locations of XRF testing,soil lead and dust lead sampling
performed at this property. Should include directional reference and a legend for any notations
made with the sketch.
Professional Services Agreement, ITech Environmental Services Inc.,Page 31 of 38
Appendix D Risk Assessor License and Certification
Copy of Risk 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 COPY OF STATEXPA RISK ASSESSOR LICENSE/CERTIFICATION.
Professional Services Agreement,ITech Environmental Services Inc.,Page 32 of 38
Appendix E Firm's Lead Activity License/Certification
Copy of Firm's Lead Activity License/Certification
INSERT COPY OF FIRM'S LEAD ACTIVITY LICENSE/CERTIFICATION
Professional Services Agreement, ITech Environmental Services Inc., Page 33 of 38
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.
INSERT PCS.(IF MORE THAN ONE XRF MODEL WAS USED,INSERT THE PCS FOR EACH)
Professional Services Agreement, ITech Environmental Services Inc., Page 34 of 38
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
in sandboxes.
Chewable surface: An interior or exterior surface painted with lead-based paint that a young 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
or in excess of the standard established by the EPA under Title IV 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 Guidelines, these are 40 µg/ft2 on floors and 250
µg/ft2 on interior windowsills. Also called lead-contaminated dust.
Friction surface: Any interior or exterior surface, such as a window or stair tread, subject 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.
Professional Services Agreement, ITech Environmental Services Inc., Page 35 of 38
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 IV 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 N 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.
Professional Services Agreement, ITech Environmental Services Inc.,Page 36 of 38
Appendix H Additional Lead and Lead Safety Resource Data
KEY UNITS OF MEASUREMENT
Gram (g or gm): 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 1/1000`' 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/ft2 (micrograms per square feet): the unit used to express levels of lead in dust samples. All reports
should report levels of lead in dust in µg/ft2.
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/HUD Lead-Based Paint and Lead-Based Paint Hazard Standards
Lead-Based Paint(may be detennined 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 µl&2
• L-iterior 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
Professional Services Agreement, ITech Environmental Services Inc.,Page 37 of 38
Appendix I Resources for additional information on lead-based paint
and lead-based paint hazards
1. National Lead information Center& Clearinghouse:
1-800-424 LEAD
www.epa.gov/lead/Tubs/nllc.htm
2. Centers for Disease Control and Prevention Lead Program:
www.cdc.gov/lead
Toll-free CDC Contact Center: 800-CDC-INFO; TTY 888-232-6348
CONSUMER PRODUCT SAFETY COMMISSION
www.cpsc.gov
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. Any 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 http://www.federalrelay.us/ttv.
Professional Services Agreement, ITech Environmental Services Inc., Page 38 of 38
10/21/2015 M&C-Council Agenda
City of Fort Worth, Texas
Mayor and Council Communication
DATE: Tuesday, October 20, 2015 REFERENCE NO.: **C-27508
LOG NAME: 13P15-0252 LEAD PAINT DB
SUBJECT:
Authorize Execution of Nonexclusive Contracts with iTech Environmental Services, Inc., and EnviroQuest
Inc., for Lead-Based Paint Inspection and Risk Assessment Services for the Neighborhood Services
Department in a Combined Amount Not to Exceed $200,000.00 for the First Year (ALL COUNCIL
DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council authorize nonexclusive contracts with iTech Environmental
Services, Inc., and EnviroQuest Inc., for lead-based paint inspection and risk assessment services for the
Neighborhood Services Department in a combined amount not to exceed $200,000.00 for the first year.
DISCUSSION:
The City of Fort Worth (City) 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 rotational basis for the two
Contractors based on inspection completions and Contractor availability.
On June 10, 2014 (M&C G-18238), the City accepted a $2,400,000.00 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 to
perform inspections and repairs. At the same time, the City Council also authorized $500,000.00 in
Community Development Block Grant funds as direct match as required by HUD for the grant. The
purpose of the City's Lead-Safe Program 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. The program
provides a lead inspection/risk assessment of housing units and blood tests for children under six years of
age. The grant also pays for lead abatement in eligible properties including replacement of windows, doors
and exterior siding, and removal of contaminated dust. The Healthy Homes supplemental grant pays for
the inspection and 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.
The performance period for this grant is December 15, 2014 through December 14, 2017. The program is
limited to home owners earning at or below 80 percent of area median income as established by HUD
annually. The grant requires that priority be given to housing units where a child under the age of six with
an elevated blood lead level resides or visits.
RFP ADVERTISEMENT-A Request for Proposals (RFP)was advertised in the Fort Worth Star-Telegram
on Wednesdays between June 24, 2015 and July 23, 2015, with detailed specifications for lead-based paint
inspection and risk assessment services. 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. Seventeen vendors were solicited from the purchasing vendor database system and
eight responses were received. The proposals received were reviewed by an evaluation committee
consisting of Staff from the Neighborhood Services Department. The proposals received from iTech
Environmental Services, Inc., and EnviroQuest Inc., were found to provide the best value to the City.
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10/21/2015 M&C-Council Agenda
PRICE ANALYSIS —The prices offered for the inspection services are 63 percent 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 a maximum of
$200,000.00 during the first year of these contracts.
CONTRACT TERMS - Upon City Council's approval, the contracts will begin October 21, 2015 and expire
on December 14, 2017 to coincide with the end of the grant performance period, with the understanding
that the City will have the right to terminate the contracts at any time after October 20, 2016, if sufficient
funds are not subsequently appropriated to pay for services after that date.
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 Financial Management Services Director
certifies that funds are available within the existing appropriations for this expenditure.
FUND IDENTIFIERS (FIDs�:
TO
Fund Department ccoun Project Program ctivitl Reference # Amount
ID ID Year (Chartfield 2)
FROM
Fund Department ccoun Project Program ctivit Budget Reference # Amount
ID 1A ID Year (Chartfield 2)
CERTIFICATIONS:
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Aaron Bovos (8517)
Jack Dale (8357)
Additional Information Contact: Doris Brent (2058)
ATTACHMENTS
1. EPLS EnviroQuest.pdf (CFW Internal)
2. EPLS (Tech Environental.pdf (CFW Internal)
3. GR76 539120 017206715020.pdf (CFW Internal)
4. Requistion HOECD-15-00309729.pdf (CFW Internal)
5. Waiver 15-0252.pdf (CFW Internal)
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