HomeMy WebLinkAboutContract 52170 CITY SECRETARY
CONTRACT NO. 5a 1-70
VENDOR SERVICES AGREEMENT
Lead-Based Paint Inspection and Risk Assessment Services,
Enviroquest Inc.
This VENDOR SERVICES AGREEMENT ("Agreement") is made and entered into by and
between the CITY OF FORT WORTH("City"),a Texas home rule municipal corporation,acting by and
through Fernando Costa, its duly authorized Assistant City Manager, and Enviroquest Inc. ("Vendor"), a
Texas corporation, and acting by and through Richard Hicks, its duly authorized Owner, each individually
referred to as a"party"and collectively referred to as the"parties."
WHEREAS, the City of Fort Worth receives money from the United States Department of Housing and
Urban Development(HUD)for the purpose of funding its Lead-Safe Program(Program);
WHEREAS,the Program is necessary to assess,treat,and control lead-based paint hazards in City housing
units built prior to 1978 or in which children under the age of six reside or visit; and
WHEREAS, services under the Program may only be performed by licensed, trained professionals who
are certified to complete the necessary assessment and abatement services;
WHEREAS,the Parties previously entered into City of Fort Worth City Secretary Contract 47161 for these
services,which expired on December 14, 2017;
WHEREAS, the Vendor agreed to continue to provide services to the City under the Program subject to
the same terms and conditions of the previous contract for a one year term with one one-year option to
renew;
WHEREAS,the Vendor provides a professional service that requires unique knowledge, certification,and
independent analysis using specialized skills and knowledge;
WHEREAS, the Parties agreed to renew the Agreement for a one-year renewal at the end of the initial
term;
WHEREAS,the Parties agreed to review and increase the price,beginning on April 1,2019,of the services
in order to account for price increases since the time the original contract was executed; and
WHEREAS,the Parties now wish to memorialize the agreement to continue services under the Program;
NOWTHEREFORE, the Parties agree to enter into this Agreement, subject to the terms and conditions
herein, for the purpose of protecting the citizens of Fort Worth from lead-based paint dangers and effects.
AGREEMENT DOCUMENTS:
The Agreement documents shall include the following:
• This Vendor Services Agreement;
• Exhibit A—Scope of Services;
• Exhibit B—Fee Schedule December 15,2017 to March 31,2019;
• Exhibit 13-1 —Fee Schedule April 1,2019 to December 14, 2019;
fL�`GO� • Exhibit C—Verification of Signature Authority Form; and
. Exhibit D—Sample Inspection/Risk Assessment Report
P���o���P�y FOFFI�!A RECORD
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Exhibits A, B, B-1, C and D, which are attached hereto and incorporated herein, are made a part of this
Agreement for all purposes.In the event of any conflict between the terms and conditions of Exhibits A,B,
B-1,C or D and the terms and conditions set forth in the body of this Agreement, the terms and conditions
of this Agreement shall control.
1. SCOPE OF SERVICES.
Vendor shall perform Lead-Based Paint Inspection and Risk Assessments (LIRA) in accordance
with all regulations established by the EPA, HUD,the Office of Lead Hazard Control and Healthy Homes
(OLHCHH) and Texas Environmental Lead Reduction Regulations (TELRR) as the City of Fort Worth
Neighborhood Services Department assigns inspections. Exhibit "A," - Scope of Services more
specifically describes the services to be provided hereunder.
2. TERM.
This Agreement shall begin on December 15, 2017 ("Effective Date") and shall expire on
December 14, 2018 ("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 one (1) additional one-year renewal options, at City's sole discretion
("Renewal Term"). The City and Vendor hereby agree that the Agreement has been renewed for the
Renewal Term.
3. COMPENSATION.
City shall pay Vendor in accordance with the fee schedule in accordance with the provisions of this
Agreement and Exhibit "B," —Fee Schedule December 15, 2017 to March 31, 2019, for any services
provided during the months included in Exhibit"B", and Exhibit B-1 —Fee Schedule April 1, 2019 to
December 14,2019 for the months included in Exhibit`B-1". Total payment made under this Agreement
for the first year by City shall not exceed $100,000.00 per one-year term. Vendor shall not perform any
additional services or bill for expenses incurred for City not specified by this Agreement unless City
requests and approves in writing the additional costs for such services. City shall not be liable for any
additional expenses of Vendor not specified by this Agreement unless City first approves such expenses in
writing.
4. TERMINATION.
4.1. Written Notice. City or Vendor may terminate this Agreement at any time and for any
reason by providing the other party with 30 days' written notice of termination.
4.2 Non-appropriation of Funds. In the event no 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
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termination and Vendor shall continue to provide City with services requested by City and in accordance
with this Agreement up to the effective date of termination. Upon termination of this Agreement for any
reason,Vendor shall provide City with copies of all completed or partially completed documents prepared
under this Agreement. In the event Vendor has received access to City Information or data as a requirement
to perform services hereunder, Vendor shall return all City provided data to City in a machine readable
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.
7. INDEPENDENT CONTRACTOR.
It is expressly understood and agreed that Vendor shall operate as an independent contractor as to
all rights and privileges and work performed under this Agreement, and not as agent, representative or
employee of City. Subject to and in accordance with the conditions and provisions of this Agreement,
Vendor shall have the exclusive right to control the details of its operations and activities and be solely
responsible for the acts and omissions of its officers, agents, servants, employees, consultants and
subVendors. Vendor acknowledges that the doctrine of 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
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Vendor shall be entitled to any employment benefits from City. Vendor shall be responsible and liable for
any and all payment and reporting of taxes on behalf of itself, and any of its officers, agents, servants,
employees or subVendor.
8. LIABILITY AND INDEMNIFICATION.
8.1 LIABILITY- VENDOR SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND
ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING
DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR
ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S),
MALFEASANCE OR INTENTIONAL MISCONDUCT OF VENDOR, ITS OFFICERS, AGENTS,
SERVANTS OR EMPLOYEES.
8.2 GENERAL INDEMNIFICATION- VENDOR HEREBY COVENANTS AND AGREES
TO INDEMNIFY,HOLD HARMLESS AND DEFEND CITY,ITS OFFICERS,AGENTS,SERVANTS
AND EMPLOYEES,FROMAND AGAINSTANYAND ALL CLAIMS OR LAWSUITS OFANYKIND
OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPERTY DAMAGE OR
LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO VENDOR'S BUSINESS AND ANY
RESUL TING 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,
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
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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.
(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
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$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, offiders, officials, agents, and volunteers in respect to the
contracted services.
(b) The workers' compensation policy shall include a Waiver of Subrogation (Right
of Recovery)in favor of City.
(c) A minimum of Thirty (30) days' notice of cancellation or reduction in limits of
coverage shall be provided to City.Ten(10)days'notice shall be acceptable in the
event of non-payment of premium.Notice shall be sent to the Risk Manager,City
of Fort Worth,200 Texas Street,Fort Worth,Texas 76102,with copies to the Fort
Worth City Attorney at the same address.
(d) The insurers for all policies must be licensed and/or approved to do business in the
State of Texas.All insurers must have a minimum rating of A-VII in the current
A.M.Best Key Rating Guide,or have reasonably equivalent financial strength and
solvency to the satisfaction of Risk Management.If the rating is below that
required,written approval of Risk Management is required.
(e) Any failure on the part of City to request required insurance documentation shall
not constitute a waiver of the insurance requirement.
(f) Certificates of Insurance evidencing that Vendor has obtained all required
insurance shall be delivered to the City prior to Vendor proceeding with any work
pursuant to this Agreement.
11. COMPLIANCE WITH LAWS ORDINANCES RULES AND REGULATIONS.
Vendor agrees that in the performance of its obligations hereunder, it shall comply with all
applicable federal, state and local laws, ordinances, rules and regulations and that any work it produces in
connection with this Agreement will also comply with all applicable federal, state and local laws,
ordinances, rules and regulations. If City notifies Vendor of any violation of such laws, ordinances, rules
or regulations,Vendor shall immediately desist from and correct the violation.
12. NON-DISCRIMINATION COVENANT.
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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 EnviroQuest Inc.
Attn: Fernando Costa, Assistant City Manager Richard Hicks, Owner
200 Texas Street 845 Pinnacle Circle
Fort Worth, TX 76 1 02-63 14 Lewisville,TX 75077
Facsimile: (817) 392-8654 Facsimile: 972-505-0200
With copy to Fort Worth City Attorney's Office at
same address
14. SOLICITATION OF EMPLOYEES.
Neither City nor Vendor shall, during the term of this Agreement and additionally for a period of
one year after its termination, solicit for employment or employ, whether as employee or independent
contractor,any person who is or has been employed by the other during the term of this Agreement,without
the prior written consent of the person's employer. Notwithstanding the foregoing,this provision shall not
apply to an employee of either party who responds to a general solicitation of advertisement of employment
by either party.
15. GOVERNMENTAL POWERS.
It is understood and agreed that by execution of this Agreement, City does not waive or surrender
any of its governmental powers or immunities.
16. NO WAIVER.
The failure of City or Vendor to insist upon the performance of any term or provision of this
Agreement or to exercise any right granted herein shall not constitute a waiver of City's or Vendor's
respective right to insist upon appropriate performance or to assert any such right on any future occasion.
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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. ENTIRETY 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
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.
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25. WARRANTY OF SERVICES.
Vendor warrants that its services will be of a high quality and conform to generally prevailing
industry standards.City must give written notice of any breach of this warranty within thirty(30)days from
the date that the services are completed. In such event, at Vendor's option, Vendor shall either (a) use
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.
City actively supports the Immigration & Nationality Act (INA) which includes provisions
addressing employment eligibility,employment verification,and nondiscrimination.Contractor shall verify
the identity and employment eligibility of all employees who perform work under this Agreement.
Contractor shall complete the Employment Eligibility Verification Form(I-9), maintain photocopies of all
supporting employment eligibility and identity documentation for all employees,and upon request,provide
City with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs
work under this Agreement. Contractor shall establish appropriate procedures and controls so that no
services will be performed by any employee who is not legally eligible to perform such services.Contractor
shall provide City with a certification letter that it has complied with the verification requirements required
by this Agreement.Contractor shall indemnify City from any penalties or liabilities due to violations of this
provision.City shall have the right to immediately terminate this Agreement for violations of this provision
by Contractor.
27. OWNERSHIP OF WORK PRODUCT.
City shall be the sole and exclusive owner of all reports, work papers, procedures, guides, and
documentation, created, published, displayed, and/or produced in conjunction with the services provided
under this Agreement(collectively, "Work Product"). Further, City shall be the sole and exclusive owner
of all copyright, patent, trademark, trade secret and other proprietary rights in and to the Work Product.
Ownership of the Work Product shall inure to the benefit of City from the date of conception, creation or
fixation of the Work Product in a tangible medium of expression (whichever occurs first). Each
copyrightable aspect of the Work Product shall be considered a "work-made-for-hire" within the meaning
of the Copyright Act of 1976, as amended. if and to the extent such Work Product, or any part thereof, is
not considered a "work-made-for-hire" within the meaning of the Copyright Act of 1976, as amended,
Vendor hereby expressly assigns to City all exclusive right, title and interest in and to the Work Product,
and all copies thereof,and in and to the copyright, patent,trademark,trade secret, and all other proprietary
rights therein, that City may have or obtain, without further consideration, free from any claim, lien for
balance due, or rights of retention thereto on the part of City.
28. SIGNATURE AUTHORITY.
The person signing this Agreement hereby warrants that he/she has the legal authority to execute
this Agreement on behalf of the respective party,and that such binding authority has been granted by proper
order,resolution,ordinance or other authorization of the entity.This Agreement and any amendment hereto,
may be executed by any authorized representative of Vendor whose name, title and signature is affixed on
the Verification of Signature Authority Form, which is attached hereto as Exhibit"C". Each party is fully
entitled to rely on these warranties and representations in entering into this Agreement or any amendment
hereto.
29. CHANGE IN COMPANY NAME OR OWNERSHIP
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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 tenn of the contract. The terms "boycott Israel"and"company" shall have the meanings
ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract,Vendor
certifies that Vendor's signature provides written verification to the City that Vendor: (1) does not boycott
Israel;and(2)will not boycott Israel during the term of the contract.
(signature page follows)
EnviroQuest Inc.2019 Vendor Services Agreement Page 10 of 15
IN WIVTNE S WHEREOF,the parties hereto have executed this Agreement in multiples this l day
I
f &m4 ,2019.
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
By: this contract,including ensuring all performance and
Name: ernando Costa, reporting requirements.
Title: Assistant City Manager
Date: 44slu By:
Name: Barbara Asbury
APPROVAL RECOMMENDED: Title: Compliance and Planning Manager
APPROVED AS TO FORM AND LEGALITY:
By:
a e: A rey Thagard,
Title: Director, Neighborhood Services By:
Department am J P e
ATTEST:
T' Assistant City Attorney
,CONTRACT AUTHORIZATION: M&C: Not
quired
By: . d�;
ity Secre
:=s
VENDOR:
Enviroquest Inc. ATTEST:
By: By:
Name: Richard Hicks Name:
Title: Owner Title:
Date: A �q
OFF10AL RECORD
EnviroQuest Inc.2019 Vendor Services Agreement
FT WORTH,TX
EXHIBIT A
SCOPE OF SERVICES
1. EnviroQuest Inc. shall perform Lead-Based Paint Inspection and Risk Assessments(LIRA)in accordance
with all regulations established by the EPA,HUD,the Office of Lead Hazard Control and Healthy Homes
(OLHCHH)and Texas Environmental Lead Reduction Regulations(TELRR)as the City of Fort Worth
Neighborhood Services Department assigns inspections.The size of the homes and the locations of the
properties will vary.
2. All reports shall be submitted using the Inspection/Risk Assessment Report template provided by the City,
attached hereto as Exhibit"B".
3. EnviroQuest Inc. shall perform soil,dust,and paint chip sampling to be sent to laboratory contracted with
the City of Fort Worth. Contractor shall be responsible for collecting and shipping the initial samples with
the correct Chain-of-Custody forms for testing. Shipping and testing media will be provided to the
Contractor by the Neighborhood Services Department.The City will be responsible for laboratory testing
fees.
4. EnviroQuest Inc. shall be provided client name,address and phone number to schedule inspection date and
time with the homeowner.
5. EnviroQuest 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. EnviroQuest Inc. shall take X-ray fluorescent(XRF)shots on all window components of each window.A
minimum of 250 shots per home shall be submitted to the City by the Contractor.
7. EnviroQuest Inc. shall provide approximate measurements of windows and areas that are positive and
deteriorated.
8. EnviroQuest Inc.shall perform LIRA within 21 working days from the City's issuance of an assignment
and will submit the completed LJRA within ten(10)business days from date the inspection/risk assessment
is performed.
9. EnviroQuest Inc.shall provide photos of positive materials.
EnviroQuest Inc. 2019 Vendor Services Agreement—Exhibit A Page 12 of 15
EXHIBIT B
FEE SCHEDULE:
DECEMBER 15,2017 TO MARCH 31,2019
Service and Fee per inspection
• Lead Inspection and Risk Assessment is to be performed 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 Vendor.CFW will be responsible for lab fees.
• Fee Per Completed and Accepted Inspection: $700.00
EnviroQuest Inc. 2019 Vendor Services Agreement—Exhibit B Page 13 of 15
EXHIBIT B-1
FEE SCHEDULE:
APRIL 1,2019 TO DECEMBER 14,2019
Service and Fee per Inspection
• Lead Inspection and Risk Assessment is to be performed 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 Vendor.CFW will be responsible for lab fees.
• Fee Per Completed and Accepted Inspection: $850.00
EnviroQuest Inc.2019 Vendor Services Agreement—Exhibit 13-1 Page 14 of 15
EXHIBIT C
VERIFICATION OF SIGNATURE AUTHORITY
ENVIROQUEST INC.
845 PINNACLE CIRCLE
LEWISVILLE,TX 75077
Vendor hereby agrees to provide City with independent audit basic financial statements, but also the fair
presentation of the financial statements of individual funds.
Execution of this Signature Verification Form ("Form") hereby certifies that the following individuals
and/or positions have the authority to legally bind Vendor and to execute any agreement, amendment or
change order on behalf of Vendor. Such binding authority has been granted by proper order, resolution,
ordinance or other authorization of Vendor. City is fully entitled to rely on the warranty and representation
set forth in this Form in entering into any agreement or amendment with Vendor. Vendor will submit an
updated Form within ten (10) business days if there are any changes to the signatory authority. City is
entitled to rely on any current executed Form until it receives a revised Form that has been properly executed
by Vendor.
1. Name:'r
Position:
Signature
2. Name:
Position:
Signature
3. Name:
Position:
Signature
Name:
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Signature resident/CEO
Other Title:
Date:
EnviroQuest Inc.2019 Vendor Services Agreement—Exhibit C Page 15 of 15
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EXIEIWrr D
Sample Inspection/Risk Assessment Report
Lead Based Paint Inspection and
Lead Hazard Risk Assessment Report
Performed at:
Private Residence
Street
City,State ZIP
Prepared For:
Name of Property Owner
Street
City, State ZIP
Phone Number
Prepared By:
Company Name
State Certification Number
Lead Inspector/Risk Assessor/Certification Number
Street
City,State ZIP
Phone Number
Fax Number
Project Number
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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 1
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
£ Interior Dust Sampling
g. Soil Sampling and Laboratory Information
10.Lead Based Paint Hazard Control Options
11. Appendices
a. Appendix A Dust Wipe Sample AnWyfical 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 Actiyity License/Certification
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
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1. Letter to Owner
INSERT DATE
Name of Property Owner
Street
City,State ZIP
Dear INSERT NAME OF PROPERTY OWNER:
The lead-based paint inspection was performed to identify paint that contains lead above allowable
levels.The risk assessment identifies housing conditions called lead-based paint hazards that could result in
harm to residents,workers and especially to young children.This report can help Owners develop a plan for
eliminating any lead-based paint hazards that were found and aid in establishing an ongoing lead-based paint
maintenance and re-evaluation program,if needed.
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 Imp(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 educarlonal pamphler 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 chlldren from lead-based
paint hazards.
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2. Executive Summary
As a result of the lead based paint inspection and lead hazard risk assessment(to be referred to as
"Assessment")conducted on ENTER DATE,it was found that lead based paint and lead based paint hazards
were present on the subject property as of the date of the Assessment. The analytical results from this
Assessment effort identified the following lead based paint(LBP)and LBP hazards,as defined by EPA and/or
HUD standards: l
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 I
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,EnviroQuest Inc.,
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eligibility for the grant program listed above. The LBP hazards identified in this report will remain valid for up
to one year to qualify this unit for OHHLHC program grant funds for Lead Hazard Control.Based upon details
provided by the Owner and the INSERT GRANT PROGRAM,to the knowledge of this Assessor,there has not
been any previous LBP testing at this home.
As part of the Assessment,a visual survey of the property and structure was conducted,dust wipe sampling
was performed on interior surfaces,and soil samples were collected. In addition,on-site paint testing using an
x-ray fluorescence(XRF)analyzer was performed.
The Assessment was contracted for by INSERT PROPERTY OWNER INSERT PROPERTY ADDRESS j
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.
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AREA/LOCATION COMPONENT REASON NOT TESTED
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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.
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Visual assessments do not replace the need for professional re-evaluations by a certified risk assessor.
The re-evaluation should include:
1. A review of prior reports to determine where lead-based paint and lead-based paint hazards have been
found,what controls were done,and when these findings and controls happened;
2. A visual assessment to identify deteriorated paint,failures of previous hazard controls,visible dust and
debris,and bare soil;
3. Environmental testing for lead in dust,newly deteriorated paint,and newly bare soil;and
4. A report describing the findings of the reevaluation,including the location of any lead-based paint j
hazards,the location of any failures of previous hazard controls,and,as needed,acceptable options for j
the control of hazards,the repair of previous controls,and modification of monitoring and maintenance I
practices.
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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.
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9. Site Information and Field Testing
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a. Resident Questionnaire
A resident questionnaire was completed as part of the Assessment,to help the Client identify
particular use patterns of the unit that would contribute to LBP Hazards. The answers to the
questionnaire were obtained during an interview with the occupants,INSERT PROPERTY
OWNER. Following is a summary of the information obtained during that interview:
1
Children in the Household: f
Children's bedroom locations:
Children's eating locations:
Primary interior play area(s): j
Primary exterior play areas :
Toy Storage:
Pets:
Children's blood lead testing history:Yes or NO
Children Present has had a blood lead test
Observed chewed surfaces:
Women of child bearing age:
Previous lead testing:YES or NO
Most frequently used entrances:
Most frequently opened windows:
Structure cooling method:
Gardening—type and locations : j
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:
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Foundation:
Front Lawn Condition:
Back Lawn Condition:
Drip Line Condition:
Site Evaluation:
Exterior Structural Condition:
Interior Structural Condition: 1
Overall Building/Site Condition:
C. Paint Condition Sui-vey
The purpose of the visual assessment element of the risk assessment is to locate potential
lead-based paint hazards,both exterior and interior.Within a dwelling unit,the visual assessment
should be conducted in all rooms.In multi-family buildings,the visual assessment should include
examination of common areas adjacent to sampled dwelling units(see Section M.B,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 I+
surface coatings are not known to be defined by EPA or HUD. j
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Property address: Apt.No. Page of
Name of property owner:
Name 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?2 Deterioration Surface? Marks? control
Soil Play Area ft.) I (Y or N if Known or or failures].
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d. Paint Sampling and Testing
LBP testing,conforming to the HUD Guidelines for the Evaluation and Control of Lead-Based Paint
Hazards in Housing and the OHHLHC Lead Based Paint Hazard Control Program guidelines,was completed at this
residence. No paint chip samples were taken. On X/XX/20XX,a total of 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/cmz])were encountered Place a brief summary of room locations and
components found to be a hazard such as: on the exterior siding 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/HLID limits,but in great enough
quantities to be detectable by our XRF analyzer. It should be noted that lead concentrations(in paint)that are less
than the levels that identify a surface coating as LBP still have the potential of causing lead poisoning. Should
these LBP painted components and/or surfaces be disturbed in any manner that generates dust,extreme care must
be taken to limit its spread. Lead Safe Work Practices are always recommended.
Testing was performed by INSERT LIRA NAME,a State of INSERT STATE certified Risk Assessor,
using the INSERT TYPE OF XRF X-ray Fluorescence analyzer(INSERT SERIAL#, State of INSERT STATE
license#INSERT LICENSE#). Please refer to the appendices for the detailed XRF,dust and soil sampling
analytical reports. Testing data in bold face indicates lead levels at or above the EPA Hazardous Levels of Lead
regulations that were published on January 5,2001.
C. XRk'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 ical Sam AnLy Results for Street Ci State ZIP
Reading Location' Side Structure Feature Condition Substrate Color Result Lead
Number intact m /cma
D deteriorated
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
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18
19
20
21
22
23
24 1
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) I
Performed by INSERT COMPANY,INSERT ADDRESS
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f. Interior Dust Sampling
Dust samples must be collected from a window sill and floor area in all rooms of the housing unit where
young children will come into contact with dust. A minimum of eight(8)samples should be collected. A total of
INSERT#OF DUST WIPES dust wipe samples were collected in an effort to help to determine the levels of lead-
containing dust on the interior window sills and floors. These samples were collected from areas most likely to be
lead contaminated if lead-in-dust is present. These samples were collected in accordance with the requirements of
ASTM Standard E-1728, Standard Practice for Field Collection of Settled Dust Samples Using Wipe Sampling
Methods for Lead Determination by Atomic Spectrometry Techniques. EPA,HUD and State of INSERT STATE j
regulations define the following as hazardous levels for lead dust in residences: floors—>_40 µg/ft2(micrograms per
square foot);interior window sills——>250 µg/A2. 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 sampleQ, 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
X XXXXXXX XXXXXX XXXXX XXXXX
Dust Wipe medium used: Lead-Wipes,ASTM#X0000-00agg
National Lead Laboratory Accreditation Program Serial #000000
number:
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g. Soil Sampling and Laboratory Information
INSERT#OF SOIL SAMPLES soil samples were collected at this residence in accordance with the
requirements of ASTM Standard E-1727,Standard Practice for Field Collection of Soil Samples for Lead
Determination by Atomic Spectrometry Techniques. The samples were collected from bare soil areas only. See
the following table for a summary of the soil sampling results. Please refer to Appendix C—Soil Sample 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
# Composite
# Composite
Laboratory Information:
Laboratory Name Street Address
City,State ZIP
Soil Analysis Protocol: EPA Method SW846,7420,implementing a microwave-
assisted di estion process.
National Lead Laboratory Accreditation #000000
Program Serial number:
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10. Lead-Based Paint Hazard Control Options
Lead abatement,interim controls,lead-safe work practices and worker/occupant protection practices
complying with current EPA,HUD and OSHA standards will be necessary to safely complete all work involving
the disturbance of LBP coated surfaces and components. In addition,any work considered lead hazard control will
enlist the use of interim control(temporary)methods and/or abatement(permanent)methods. It should be noted
that all lead hazard control activities have the potential of creating additional hazards or hazards that were not
present before. Properly trained and certified persons,as well as properly licensed firms(as mandated)should
accomplish all abatementlinterim 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.
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11. Appendices
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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 OOOOX/0000 Method
CLIENT#: XXXXXXXX DATE COLLECTED: 00/00/0000
CLIENT: COMPANY DATE RECEIVED: 00/00/0000
ADDRESS: Street DATE ANALYZED: 00/00/0000
City, State ZIP DATE REPORTED: 00/00/0000
PO#: N/A SAMPLE TYPE: WIPE
PROJECT NAME: City of ANYTOWN
JOB LOCATION: Street,City, State ZIP
ALI Sample Client Sample Sample Area Dilution Total Lead Lead
No Sample No. Description (ft) Factor (µg)* Concentration
(µg/fe)
QC—18081 10.0 ppm Calibration Std
QC— 18081 200 µg spike
QC—18081 5.0 ppm Calibration Std
QC—18081 Blank
QC—18081 NIST 2710 Standard
ANALYST: XXXXX XXXXXX
Total No.of Pages in Report: 1 REVIEWED BY: XXXXXX XXXXXXX
Minimum Reporting Limit.' 20 pg Total Lead. Effective 316101,EPA Lead Hazard Standards:40 pg/jl'for floors and 250
1jg/ftzfor interior window sills, 400 pg/f 2for window troughs. Industrialprojects may have limits establishedperproject.
*For true values, assume two(2)significant figures.
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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 OOOOX/0000 Method
CLIENT#: XxXXXXXX DATE COLLECTED: 00/00/0000
CLIENT: COMPANY DATE RECEIVED: 00/00/0000
ADDRESS: Street DATE ANALYZED: 00/00/0000
City,State ZIP DATE REPORTED: 00/00/0000
PO#: N/A SAMPLE TYPE: SOIL
PROJECT NAME: City of ANYTOWN
JOB LOCATION: Street,City,State AIP
ALI Sample Client Sample Sample Wt Dilution Factor Total Lead Lead Lead Cone
No Sample Description (mg) (µg)* Concentrati (ppm)
No. on(%by
wt)
QC—14669 10.0 ppm Calibration Std
QC— 14669 200 µg spike
QC—14669 5.0 ppm Calibration Std
QC—14669 Blank
QC—14669 NIST 2710 Standard
ANALYST: XXXXX XXXXX REVIEWED BYXXXXX XXXXXX
Total No. of Pages in Report: 1
Minimum:Reporting Limit: 20 pg Total Lead. Effective 316101,EPA Lead Hazard Standards: 40/ugff?
for floors and 2501ug1ft2for interior window sills, 400,ug/fl2jbr tivindow troughs. Industrial projects may
have limits established per project. *For true values, assume two (2)significant figures,
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Appendix C Site and Floor Plan
Site and Floor Plan
Insert site and floor plans indicating the locations of XRF testing,soil lead and dust lead sampling 1
performed at this property.Should include directional reference and a legend for any notations
made with the sketch.
1
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AppendixD Risk Assessor License and Certification
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Copy of Risk Assessor's License/Certification
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NOTE: In this age of electronic alteration and reproduction,HUD encourages all lead-based paint 1
professionals to give serious consideration to the issue of whether they wish to attach photocopies of their
certification(s)or license(s).
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INSERT COPY OF STATE/EPA RISK ASSESSOR LICENSE/CERTIFICATION.
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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
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Appendix F XRF Training Certificate and Performance Characteristic Sheet
Copy of XRF Training Certificate
and
XRF Performance Characteristic Sheet
INSERT COPY OF XRF TRAINING CERTIFICATE.
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INSERT PCS.(IF MORE THAN ONE XRF MODEL WAS USED,INSERT THE PCS FOR EACH)
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Professional Services Agreement,EnviroQuest Inc.,
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. i
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.
485lb(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 µgift on floors and 250
µgW 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.
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Lead-based paint:Any paint,varnish,shellac,or other coating that contains lead equal to or greater than
1.0 mg/cm2 as measured by)W 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 properly owners.
Soil-lead hazard:Bare soil on residential property that contains lead in excess of the standard established
by the EPA under Title IV of the Toxic Substances Control Act.EPA standards for soil-lead hazards,
published at 40 CFR 745.65(c),as of the publication of this edition of these Guidelines, is 400 µg/g in
play areas and 1,200 µg/g in the rest of the yard.Also called lead-contaminated soil.
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Appendix H Additional Lead and Lead Safety Resource Data
KEY UNITS OF MEASUREME,NT
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 1/1000s'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/ftz(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 19/1f.
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 determined in either of two ways)
• Surface concentration(mass of lead per area) 1.0 11g/cm2
• Bulk concentration(mass of lead per volume) 0.5%,5000 µg/g,or 5000 ppm
Dust-thresholds for Lead-Contamination
• Floors 40 µg/fi
• Interior Window Sills 250 µglf
• Window Troughs(clearance examination only) 400 µg/fl
Soil-thresholds for Lead Contamination
• Play areas used by children under age 6 400 µg/g,or 400 ppm
• Other areas 1200 µg/g,or 1200 ppm
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Appendix I Resources for additional information on lead-based paint
and lend-basedpaint hazards
1. National Lead information Center&Clearinghouse:
1-800-424 LEAD
www.epa.gov/lead/pubs/nlic.htm
2. Centers for Disease Control and Prevention Lead Program:
www.cdc.gov/lea
Toll-free CDC Contact Center: 800-CDC-INFO;TTY 888-232-6348
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CONSUMERPRODUCT SAFETY COMMISSION
www.cpsc.gov
Toll-free consumer hotline: 1-800-638-2772;T 1'Y 301-595-7054
3. Environmental Protection Agency Lead Program:
www.epa.gov/lead
202-566-0500
HUD OFFICE OF HE, 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/
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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.federalrela. .us/ttX.
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