HomeMy WebLinkAboutContract 51826 CITY SECRETARY
CONTRACT N0. b18 94P
PROFESSIONAL SERVICES AGREEMENT
This PROFESSIONAL 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 GEBCO Associates, LP
("Vendor"), a Texas Limited Partnership, and acting by and through Joy Lee, its duly authorized Owner
and General Manager, each individually referred to as a "party" and collectively referred to as the
"parties."
AGREEMENT DOCUMENTS:
The Agreement documents shall include the following:
1. This Professional Services Agreement;
2. Exhibit A—Scope of Services;
3. Exhibit B—Price Schedule;and
4. Exhibit C—Verification of Signature Authority Form.
Exhibits A,B and C,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 or C 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 agrees to provide lead training classes for City of Fort Worth staff and for City-designated
City of Fort Worth contractors and their staff in accordance with their regular schedule of such training
classes throughout the term of this contract. These training classes will be provided at facilities provided
by Vendor, with all training materials to be provided by Vendor. Exhibit "A," - Scope of Services more
specifically describes the services to be provided hereunder.
2. TERM.
This Agreement shall begin on January 1, 2018 ("Effective Date")and shall expire on December
31,2019("Expiration Date"),unless terminated earlier in accordance with this Agreement("Initial Term").
City shall have the option, in its sole discretion, to renew this Agreement under the same terms and
conditions,for up to three(3)one-year renewal options,at City's sole discretion.
3. COMPENSATION.
City shall pay Vendor in accordance with the provisions of this Agreement and Exhibit`B,"—Price
Schedule. Total payment made under this Agreement for the first year by City shall be in the amount not
to exceed Thirty Thousand Dollars($30,000.00).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.
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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 funds or insufficient funds 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
exclusively for or 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 format or other format deemed acceptable to City.
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
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.
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7. INDEPENDENT VENDOR.
It is expressly understood and agreed that Vendor shall operate as an independent Vendor 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 respondeat 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 further 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 LJABILITY- VENDOR SHALL BE LJABLE AND RESPONSIBLE FOR ANY AND
ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING
DEATH, TO ANY AND ALL PERSONS, OF ANY%IND OR CHARACTER, WHETHER REAL OR
ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S),
MALFEASANCE OR INTENTIONAL MISCONDUCT OF VENDOR, ITS OFFICERS, AGENTS,
SERVANTS OR EMPLOYEES.
8.2 GENERAL INDEMNIFICATION- VENDOR HEREBYCOVENANTSAND AGREES
TO INDEMNIFY,HOLD HARMLESS AND DEFEND CITY,ITS OFFICERS,AGENTS,SERVANTS
AND EMPLOYEES,FROMAND AGAINSTANYAND ALL CLAIMS OR LAWSUITS OFANY"ND
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,INCL UDING DEATH, TO ANYAND
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,
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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
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.
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(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
(d) Professional Liability(Errors&Omissions):
$1,000,000- Each Claim Limit
$1,000,000- Aggregate Limit
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
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.
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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
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 Joy Lee.
Attn: Fernando Costa,Assistant City Manager Owner and General Manager
200 Texas Street GEBCO,L.P.
Fort Worth,TX 76102-6314 815 Trailwood Drive
Facsimile: (817)392-8654 Hurst,Texas 75063
Facsimile: (817)282-9886
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
Vendor,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
any of its governmental powers or immunities.
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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.
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 party 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. ENT IRETY OF AGREEMENT.
This Agreement, including Exhibits A, B and C, contains the entire understanding and agreement
between City and Vendor,their assigns and successors in interest, as to the matters contained herein. Any
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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 professional 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 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
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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.
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 or 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
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
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.
IN WITNESS .IYWREOF, the parties hereto have executed this Agreement in multiples this
h day of Feb 201%
(signature page follows)
Professional Services Agreement Page 9 of 15
ACCEPTED AND AGREED:
CITY OF FORT WORTH:
CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person
responsible for the monitoring and administration of this
By: contract,including ensuring all performance and
Name: Fernando Costa reporting requirements.
Title: Assistant City Manager
Date: A/I 9 By:
me: Barbara Asbury
M
APPROVAL RECOMENDED: Title:Compliance and Planning Manager
APPROVED AS TO FORM AND LEGALITY:
By: fi r Z� 15
Nam : John Cain
Titv: Neighborhood Development Manager By.
Name: Matt M rray
ATTEST: Title: Assistant City Attorney
QF.FO
RONTRACT AUTHORIZATION:
&C: Not required
By. Name: Mary e
Title: City S ret
AS
VENDOR:
GEBCO ASSOCIATES,LP ATTEST:
By: — 1�nn q,-,/
Nam : oy e By:
Title: weer and General Manager Name:
1 v Title:
Date: (�'" l
OFFICIAL RECORD
CITY SECRETARY
Professional Services Agreement ageIff of 15
EXIIIBIT A
SCOPE OF SERVICES
Vendor will provide the following training classes to City of Fort Worth-designated attendees according
to Vendor's regular schedule and as requested by City staff registering for such classes. All classes will
meet all statutory and regulatory requirements of the U.S. Environmental Protection Agency(EPA)and
the State of Texas Department of Health Services and other applicable state and federal laws and
regulations. Vendor will provide all applicable training materials for the classes.
Lead Worker* --To perform lead removal work
Lead ContractorlSupervisor* --To conduct abatement jobs and supervise lead workers
Lead Inspector* --To inspect for lead
Lead Risk Assessor* --To write plans to manage identified lead hazards
Lead Project Designer* --To develop plans and specifications for abatement projects
Lead Renovator * --To perform lead safe work practices in pre-1978 housing and in child-occupied
facilities where work will disturb lead-based paint. EPA required course effective April 2010.
(* Refresher course required--A 4 hour refresher is required for individuals who have completed the
Lead Worker,Lead Contractor/Supervisor or a previous EPAMM Lead Safe Work Practices course, in
order to maintain their State of Texas certification status.)
Lead Worker(English and Spanish)- 16 hours
(1)role and responsibilities of the lead abatement worker;
(2)background information regarding lead and its adverse health effects;
(3)background information regarding federal, state, and local regulations and guidance that pertain to
lead based paint abatement including the Texas Environmental Lead Reduction Rules;
(4)lead based paint hazard recognition and control;
(5) lead based paint abatement and lead based paint hazard reduction methods, including restricted
practices;
(6) interior dust abatement methods/cleanup or lead based paint hazard reduction;and
(7) soil and exterior dust abatement methods or lead based paint hazard reduction.
Lead Contractors& Supervisors-32 hours
(1)role and responsibilities of the supervisor;
(2)background information on lead and its adverse health effects;
(3)background information regarding federal, state, and local regulations and guidance that pertain to
lead based paint abatement including the Texas Environmental Lead Reduction Rules;
(4)liability and insurance issues relating to lead based paint abatement;
(5)contract specifications and cost estimation;
(6)community relations;
(7)project management and supervisory techniques;
(8)risk assessment and inspection report interpretation;
(9)development and implementation of an occupant protection plan and abatement report;
(10)lead based paint hazard recognition and control;
(11) lead based paint abatement and lead based paint hazard reduction methods, including restricted
practices;
(12)interior dust abatement/cleanup or lead based paint hazard control and reduction methods;
(13)soil and exterior dust abatement or lead based paint hazard control and reduction methods;
Professional Services Agreement—Exhibit A Page 11 of 15
(14)clearance standards and testing;
(15)cleanup and waste disposal; and
(16)recordkeeping.
Lead Inspector-24 hours
(1)role and responsibilities of the inspector;
(2)background information on lead and its adverse health effects;
(3)background information regarding federal,state,and local regulations and guidance that pertain to
lead based paint and lead based paint activities including the Texas Environmental Lead Reduction Rules;
(4)lead based paint inspection methods,including selection of rooms and components for sampling or
testing;
(5)paint, dust,and soil sampling methodologies;
(6)clearance standards and testing, including random sampling;
(7)preparation of the written final inspection report; and
(8)record keeping.
Lead Risk Assessor- 16 hours
(In addition to this course,the Lead Inspector course is required for certification as a Lead Risk Assessor.
We recommend the Inspector course be taken first.)
(1)role and responsibilities of the risk assessor;
(2)collection of background information to perform a risk assessment;
(3) sources of environmental lead contamination such as paint, surface dust and soil,water, air,
packaging,and food;
(4)visual inspection for the purposes of identifying potential sources of lead based paint hazards;
(5)lead hazard screen protocol;
(6)sampling for other sources of lead exposure;
(7) interpretation of lead based paint and other lead sampling results, including all applicable state and
federal guidance or regulations pertaining to lead based paint hazards;
(8)development of hazard control options,the role of interim controls,and operations and maintenance
activities to reduce lead based paint hazards; and
(9)preparation of a final risk assessment report.
Lead Project Designer-8 hours
(In addition to this course,the Lead Contractor/Supervisor course is required for certification as a Lead
Project Designer. We recommend the Contractor/Supervisor course be taken first.)
(1)role and responsibilities of the project designer;
(2)contract specifications and cost estimation for abatement projects;
(3)development and implementation of an occupant protection plan for abatement projects;
(4) lead based paint abatement and lead hazard reduction methods, including restricted practices for
abatement projects;
(5) interior dust abatement/cleanup or lead hazard control and reduction methods for abatement projects;
(6)clearance standards and testing for abatement projects; and
(7)integration of lead based paint abatement methods with modernization and rehabilitation projects for
abatement projects.
Professional Services Agreement—Exhibit A Page 12 of 15
Lead Renovator-8 hours
(1)role and responsibilities of the lead renovator;
(2)background information on lead and its adverse health effects;
(3)how to determine if lead-based paint affects your work and how to educate owners and residents in
target housing or child-occupied facilities;
(4)properly setting up work area, working in a lead-safe manner,personal protective equipment,how to
effectively clean generated dust and conducting a cleaning verification;
(5)EPA and HUD Rules for creating and maintaining documentation of the work;
(6)how to train non-certified renovation workers in lead safe practices while on the job.
Professional Services Agreement—Exhibit A Page 13 of 15
EXHIBIT B
PRICE SCHEDULE
Lead Abatement for Contractor/Supervisor $650.0
To conduct abatement jobs and supervise lead workers
Lead Abatement for Contractors/Supervisors Refresher $225.00
Lead Abatement for Contractors/Supervisors Refresher 8 hour
Lead in Construction(Awareness) $175.0
SHA Lead Requirements
Lead Inspector $500.0
To inspect for lead
Lead Inspector Refresher $220.0
To inspect for lead, 8 hour refresher course
Lead Project Designer $225.00
To develop plans and specifications for abatement projects
Lead Project Designer Refresher $150.0
To develop plans and specifications for abatement projects 4 hour refresher course
Lead Renovator(English) $220.00
To perform lead safe work practices in pre-1978 housing and in child-occupied facilities where work
ill disturb lead-based paint.EPA required course effective April 2010.
Lead Renovator(Spanish) $220.0
To perform lead safe work practices in pre-1978 housing and in child-occupied facilities where work
ill disturb lead-based paint. EPA required course effective April 2010.
Lead Renovator English Refresher $200.0
Lead Renovator 4 hour
Lead Renovator Spanish Refresher $200.0
To perform lead safe work practices in pre-1978 housing and in child-occupied facilities where work
ill disturb lead-based paint. EPA required course effective April 2010.
Lead Risk Assessor $275.00
To write plans to manage identified lead hazards
Lead Risk Assessor Refresher* $220.0
To write plans to manage identified lead hazards-refresher course.
Lead Worker(Spanish) $300.0
To perform lead removal work
Lead Worker English $300.00
To perform lead removal work
Lead Worker Refresher English $225.00
To perform lead removal work 8 hour refresher course
Lead Worker Refresher Spanish $225.00
ead worker 8 hour refresher course(Spanish)
Professional Services Agreement—Exhibit B Page 14 of 15
EXHIBIT C
VERIFICATION OF SIGNATURE AUTHORITY
GEBCO ASSOCIATES,LP
815 TRAILWOOD DRIVE
Hurst,Texas 75063
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:
Position:
Signature
2. Name:
Position:
Signature
3. Name:
Position:
Signature
Name:
Signaturer/General Manager
Other Titl .
Date: I ' 171019
Professional Services Agreement—Exhibit C Page 15 of 15