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HomeMy WebLinkAboutContract 53540 Z ° r 53540 CSC No.+_4W FB c1n �'o 9?420 CJ7ys��/l�MYTH NON-EXCLUSIVE VENDOR SERVICES AGREEMENT FOR LEAD-BASED PAINT INSPECTION AND RISK ASSESSMENT SERVICES This NON-EXCLUSIVE VENDOR SERVICES AGREEMENT ("Agreement") is made and entered into by and between the CITY OF FORT WORTH ("City"), a Texas home rule municipal corporation, acting by and through Fernando Costa, its duly authorized Assistant City Manager, and 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;and WHEREAS, the Vendor provides a professional service that requires unique experience, certification,and independent analysis using specialized skills and knowledge;and WHEREAS,City and Vendor wish to set out terms of Vendor's non-exclusive lead-based paint inspection and risk assessment services; NOW THEREFORE, the Parties agree to enter into this Agreement, subject to the terms and conditions herein, for the purpose of protecting the citizens of Fort Worth from lead-based paint dangers and effects. AGREEMENT DOCUMENTS: The Agreement documents shall include the following: • This Vendor Services Agreement; • Exhibit A—Scope of Services; • Exhibit B—Fee Schedule; • Exhibit C—Verification of Signature Authority Form;and • Exhibit D—Sample Inspection/Risk Assessment Report Exhibits A, B, C and D, which are attached hereto and incorporated herein, are made a part of this Agreement for all purposes.In the event of any conflict between the terms and conditions of Exhibits A,B, C or D and the terms and conditions set forth in the body of this Agreement,the terms and conditions of this Agreement shall control. 1. SCOPE OF SERVICES. Vendor shall perform Lead-Based Paint Inspection and Risk Assessments(LIRA)in accordance with all regulations established by the EPA,HUD,the Office of Lead Hazard Control and Healthy Homes (OLHCHH) and Texas Environmental Lead Reduction Regulations (TELRR) as the City of Fort Worth EnviroQuest Inc.,2020 Vendor Services Agreement Pa I of 21 �ml OFFICFAL kECUkbI CITY SECRETARY FT. WORTH,TX Neighborhood Services Department assigns inspections. Exhibit "A," - Scope of Services more specifically describes the services to be provided hereunder.Vendor understands and agrees that the City may award non-exclusive purchase agreements to multiple vendors for these services. 2. TERM. This Agreement shall begin on January 15,2020("Effective Date's and shall expire on December 31,2020("Expiration Date"),unless terminated earlier in accordance with this Agreement("Initial Term"). Upon the expiration of the Initial Term,the Agreement shall renew automatically under the same terms and conditions for four(4)one-year renewal periods unless City or Vendor provides the other parry with notice of non-renewal at least 30 days before the expiration of the Initial Term or renewal period. 3. COMPENSATION. City shall pay Vendor in accordance with the provisions of this Agreement and Exhibit L°B,"—Fee Schedule,for any services provided. Total payment made under this Agreement by City shall not exceed $150,000.00 per one-year term.. Vendor understands that the aggregate amount of all contracts awarded to multiple vendors for the services provided hereunder shall not exceed$150,000.00 per one-year term, and the City makes no promise or guarantee of the total amount of work that will be assigned to Vendor under this Agreement. Vendor shall not perform any additional services or bill for expenses incurred for City not specified by this Agreement unless City requests and approves in writing the additional costs for such services.City shall not be liable for any additional expenses of Vendor not specified by this Agreement unless City first approves such expenses in writing. 4. TERMINATION. 4.1. Written Notice, City or Vendor may terminate this Agreement at any time and for any reason by providing the other party with 30 days'written notice of termination. 4.2 Non-appropriation of Funds. In the event no 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 under this Agreement.In the event Vendor has received access to City Information or data as a requirement to perform services hereunder, Vendor shalt 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 Vendoes 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. EnviroQuest Inc.,2020 Vendor Services Agreement Page 2 of 11 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 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 EnviroQuest Inc.,2020 Vendor Services Agreement Page 3 of 11 8.2 GENERALINDEMNIFICATION-VENDOR HEREBY COVENANTSAND AGREES TO INDEMNIFY,HOLD HARMLESS AND DEFEND CITY,ITS OFFICERS,AGENTS,SERVANTS AND EMPLOYEES,FROMAND AGAINST ANYAND ALL CLAIMS OR LAWSUIT'S OFANYKIND 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,INCLUDING 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 fright 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 non4nfringing 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 LnvirvQuest Inc.,2020 Vendor Services Agreement Page 4 of 11 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 $15000,000- 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&Q. 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 EnviroQuest Inc.,2020 Vendor Services Agreement Page 5 of 11 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 Attomey 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-V11 in the current A.M.Best Key Rating Guide,or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management.If the rating is below that required,written approval of Risk Management is required. (e) Any failure on the part of City to request required insurance documentation shall not constitute a waiver of the insurance requirement. (f) Certificates of Insurance evidencing that Vendor has obtained all required insurance shall be delivered to the City prior to Vendor proceeding with any work pursuant to this Agreement. 11. COMPLIANCE WITH LAWS,ORDINANCES,RULES AND REGULATIONS. Vendor agrees that in the performance of its obligations hereunder, it shall comply with all applicable federal,state and local laws,ordinances,rules and regulations and that any work it produces in connection with this Agreement will also comply with all applicable federal, state and local laws, ordinances,rules and regulations. If City notifies Vendor of any violation of such laws, ordinances, rules or regulations,Vendor shall immediately desist from and correct the violation. 12. NON-DISCRIMINATION COVENANT. Vendor,for itself, its personal representatives,assigns, subVendors and successors in interest, as part of the consideration herein, agrees that in the performance of Vendor's duties and obligations hereunder,it shall not discriminate in the treatment or employment of any individual or group of individuals on any basis prohibited by law. IF ANY CLAIM ARISES FROM AN ALLEGED VIOLATION OF THIS NON-DISCRIMINATION COVENANT BY VENDOR, ITS PERSONAL 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 EnviroQuest Inc.,2020 Vendor Services Agreement Page 6 of 1 I 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 76102-6314 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 WAVER. 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 1 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. SEVERA>3ILITY. 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. i I EnviroQuest Inc.,2020 Vendor Services Agreement Page 7 of 11 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. AMENDMENTSI 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, 13, C and D, contains the entire understanding and agreement between City and Vendor, their assigns and successors in interest, as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement. 24. COUNTERPARTS. This Agreement may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute one and the same instrument. 25. WARRANTY OF SERVICES. Vendor warrants that its services will be of a high quality and conform to generally prevailing industry standards.City must give written notice of any breach of this warranty within thirty(30)days from the date that the services are completed. In such event, at Vendor's option, Vendor shall either (a) use 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. I Vendor shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (1-9). Upon request by City, Vendor shall provide City with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Vendor shall adhere to all FnviroQuest Inc.,2020 Vendor Services Agreement Page 8 of 11 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 pant 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 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 If Vendor has fewer than 10 employees or this Agreement is for less than$100,000,this section does not apply. Vendor acknowledges that in accordance with Chapter 2270 of the Texas Government Code,the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1)does not boycott Israel; and(2)will I € EnviroQuest Inc.,2020 Vendor Services Agreement Page 9 of Il i I' not boycott Israel during the term of the contract. The terms "boycott Israel"and"company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1)does not boycott Israel; and(2)will not boycott Israel during the term of the contract. (signature,page,follows) EnviroQuest Inc.,2020 Vendor Services Agreement Page 10 of 11 IN WITNESS WHEREOF,the parties hereto have executed this Agreement in multiples this 15m day of January,2020. ACCEPTED AND AGREED: CITY OF FORT WORTH: CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that 1 am the person '�-- responsible for the monitoring and administration of By: WnaWaCosta(Feb 17,2020) this contract,including ensuring all performance and Name: Fernando Costa, reporting requirements. Title: Assistant City Manager Date: _ _ By: Barbara Asbury(Feb 12a2020 Name: Barbara Asbury APPROVAL RECOMMENDED: Title: Compliance and Planning Manager APPROVED AS TO FORM AND LEGALITY: Vi&or Turner By: Victor Turner(Feb 1T,2020) Name: Victor Turner, ,y(a f,&ff . Title: Director, Neighborhood Services By: Matt Murray 0) Department Name: Matt Murray ATTEST: �r a.T� Title: Assistant City Attorney 7 OR f CONTRACT AUTHORIZATION: M1!&t�C:20-0OOG�1 �']D Q -S By: Mary J. ayser(Feb 10, 20) 3 .JJ15 M95: aC)l0j-✓•)V I" City Secretary e VENDOR: Enviroquest Inc. ATTEST: f By: c2K By: — - Name: Richard Hicks Name: Title: Owner Title: Date: -4 •�i�.i I� to.�© LKWORTH, ORDARY TX EnviroQuest Inc.,2020 Vendor Services Agreement Page 11 of I1 EXHIBIT A SCOPE OF SERVICES I. 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 InspectionlRisk Assessment Report template provided by the City, attached hereto as Exhibit"D". 3. EnviroQuest Inc.shall perform soil,dust,and paint chip sampling to be sent to laboratory contracted with the City of Fort Worth.Vendor shall be responsible for collecting and shipping the initial samples with the correct Chain-of-Custody forms for testing.Shipping and testing media will be provided to the Vendor by the Neighborhood Services Department.The City will be responsible for laboratory testing fees. 4. 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 inspectionlrisk 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 Vendor, 7. EnviroQuest Inc.shall provide approximate measurements of windows and areas that are positive and deteriorated. S. 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.2020 Vendor Services Agreement— Exhibit A EXHIBIT B. FEESCHEDULE Service and Fee per Inspection 1) 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 contractor.CFW will be responsible for lab fees, Fee Per Inspection:$850.00 2) Healthy Homes Inspections will be conducted by qualified personnel to address the 29 hazards identified by the Healthy Homes Rating System.Average inspection time estimated to be 1-2 hours.'Training will be paid for by the City of Fort Worth Lead-Safe Program.Travel and accommodations for training will be the responsibility of the Contractor. Fee Per Inspection:$250.00 EnviroQuest Inc.,2020 Vendor Services Agreement— Exhibit B EXHIBIT C VERIFICATION OF SIGNATURE AUTHORITY ENVIROQUEST INC. 845 PINNACLE CIRCLE LEWISVILLE,TX 75077 FACSIMILE: 472-505-0200 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 property executed by Vendor, 1. Name: Position: Signature 2. Name: Position: Signature 3. Name: Position: Signature � Name: Signature o President 1 CEO 1 Owner Other Title: Date: 12 rinviroQuest Inc.2020 Vendor Services Agreement— Exliibit C EXHIBIT D SAMPLE INSPECTION/RISK ASSESSMENT REPORT I F F Env iroQuest Inc.2020 Vendor Services Agreement— Exhibit D I Sample Inspection/Risk Assessment Report Lead Based Paint Inspection and Lead Hazard Risk Assessment Report - 1 Performed at- Private Residence Street City,State ZIP Prepared For; Name of Property Goner 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 I 6 3 i I TABLE OF CONTENTS l { 1. Letter to Owner 1 Executive Summary 3. Identifying Information and Purpose of Lead Based Paint Inspection and Lead Hazard Risk Assessment ' 4. Identified Lead Hazards j S. Excluded Components { 6. Ongoing Monitoring 7. Disclosure Regulations 8. Conditions and Limitations 9. Site Information and Field Testing a, Resident Questionnaire b. Buitding Conditions Survey o. Paint Condition Survey j d. Paint Sailing and Testing e. XU Lead-Based_Paint Testing Res►U £ Interior Dust Sampling g. Soil Sampling and Laboratory Iufarmation 10.Lead Based Paint Hazard Control Options 11.Appendices a. wondix A Dust Wipe Sample AnalyEical Data b. Ars�enclix -__Sail Sample AnWjdical Data c. Appendix C __Site and Floor flan " d. Appendix D Copy of Risk Assessor's LieenselCertification e. A andix E QpW of Firs Lead Agdyt License/Certification f Amend x P Copy of XRF Training Certificate amd.XRF Perfornrkange QaaracteriSdG Sheet g. AMendix G "Lead Speak;"A Brief Glossary b. Appendix H Additional Lead and Lead Safety Resource Data. i. &Mmdix-1 _ Resources for additional information on lead-based paint and lead. based paint hazards 1 I I i i i I. 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 heap Owners develop a plan for eliminating any lead-Rased paint hazards that were found and aid in establishing an ongoing lead-based paint maintenance and re-evaluation program,if needed, Attached please find XRP lead-based paint test results and lead hazard risk assessment for the house at INSERT PROPERTY ADDRESS. Lead paint was confirmed to be esent/not to be present in within or outside this unit on INSERT DATES). The following components were determined to contain Lead-Eased 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 ibis report must beprovf dedto ttew lessees(tenants)andparcliasers of this propeny anderfederal lmv(24 CF.II part 33 end 40 CFRpart 745)before they become obligated nttder a lease or sales contract 771e coniplele report also mast be proulded to treip pttrchasem and I/inuil be n+ade avallable to new teltants Landlords(lessors)andsellers also are roquired to distribute an educallonalpmnphlet approved by the Untied SYatesBnvirartn:errtal Pratecllan Ageney and Indude slandardivarning language in their leases or sale contracts to ensure tlral parents have the Irtfar►nalion they need to proteet children front lead based palm hazards i 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 ENTERI7ATE,it was found that lead based paint and lead based paint hazards ware present on the subject property as of the date of the.Assessment. The analytical results from this Assessment effort identified the following lead based paint(LBP)and LBP hazards,as defined by EPA and/or HUD standards: INSERT ROOM LOCATIONS LBP and LBP HAZARDS WERE IDENTIFIED ETC. PIease 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 LONGTERM 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 INST PROpRM ADD RESS for INSERT PROPERTY QViM on INSERT T]ATE. The Assessment was conducted for COM SERT COMPANY DRESS INSERT CERTIFICATION#,by INSERT L I� h3&ME 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 hands to the INSERT GRANT PROGRAM to perform a lead hazard control projects in this community,The Assessment was conducted to determine E 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 hands 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 ofthe Assessment,a visual survey of the propeity and structure was conducted,dust wipe sampling was perdormed 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 2nE—R-7 PROPERTY OWNS INSERT P TY ADD RES 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(HM)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 fox 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 fallowing 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 ar a 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. i i I ARIRA/LOCATION COMPONENT REASON NOT TESTED KEY; UNC--UNCOATED INA—INACCESSIBLE ENCL--ENC:,OSBD 5. Ongoing Monitoring On-going monitoring will be necessary in this property since lead based paint(LBP)is present. When LBF 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 stricture. Ongoing monitoring typically includes two different activities:re-evaluation and annual visual assessments. A re-evaluation is axksk 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 unitthat tuxes 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. i i f t f f f E i 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 whore lead-based paint and lead-based paint hazards have been found,what controls were done,and when these findings and controls happened; 2. A visual assessment to identify deteriorated paint,failures of previous hazard controls,visible dust and debris,and bare soil; 3. Environmental testing for lead in dust,newly deteriorated paint,and newly bare soil;and 4. A report describing the Endings of the reevaluation,including the location of any lead-based paint hazards,the location of any failures of previous hazard controls,and,as needed,acceptable options for the control of hazards,the repair of previous controls,and modification of monitoring and maintenance practices. The first reevaluation should be conducted no later than two years after completion of hazard controls, or,if specific coritrols 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 additiona[localhogionalregulations and guidelines governingre-evaluation activities, 7. Disclosure Regulatious 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 Fan ily 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. S. Conditions&Limitations Staff of INSERT COMPANY have performed the tasks listed above requested by the Client in athorough 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. MERT 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 warrantthat the Assessment that was requested by the client will satisfy the diotates of,or provide a legal defense in connection with,any environmental laws or tegulations. 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 INSER COMP 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 ofthe 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, i i i A 4 9. Site Information and Field Testing a. Resident Questionnaire A resident questionnaire was completed as part of the Assessment,to help the Client identify particular use patterns of the unit that would contribute to LBP Hazards. The answers to the questionnaire were obtained during an interview with the occupants,MERT PROPERTY O y4� TER. Following is a summary of the information obtained during that interview; Children in the Household: Children's bedroom locations: Children's eating locations: Prim interior play areas : 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 firoquently❑ cued windows: Structure cooling method: Gardening—type and loeatiou s : Plans for Ian dsca in : Cleaning re ' Mt: CleaTzin methods: Recsntl con leted renovations: } Demolition debris on site: Residont(s)with work lead exposure:Yes or NO Residents have awork lead exposure that could contribute to lead hazards within the home or exterior structures Planned renovations: b. Building Conditions Survey Date of Construotion: Apparent Building Use: 1 Setting: Front En Paces: Design: Construction Typv. Lot Type; Roof: Front En Faces: • i Foundation: Front Lawn Condition: Back Lawn Condition: Drip Line Condition: Sitd Evaluation: Exterior Structural Condition: Interior Structural Condition: Overall Building/Site Condition: C. Paint Condition Survey The purpose ofthe 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 Iikely to come in contact with dust.The risk assessor should also examine exterior painted surfaces,including fences and outbuildings that are pant 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 RM 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 pooling,chipping, chalking or cracking,or any paint or coating located on an interior or exterior surface,or fixture that is otherwise damaged or separated from the substrate."'This definition is most typically associated with surface conditions only, Usage of this term in describing conditions other than those associated with surface coatings are not known to be defined by EPA or HM. E f I kE I E Property address: Apt.No. Page of Name of propwV ownor; Name of risk assessor: Date of assessment: 1 ! Visual Assessment,5urve Area Description Deterlorated Paint Now(e.g., Paint testing (e.g.,)W. lab analysis) indicates paint 95 or is Building not lead- Locntlon of Component, Friction based paint; Building Dust,or Bare Probable or 'Visible cause(g)of Component, Soil Play Area Is AM cause(s)of Impact Teeth &axard Dust or Bare AreaRfl'on- (sq. Small?a Deterioration Surface? Marks? control Soil Pla .A.rea ft.) or N1 if Known' ff or or failures . I 1 f 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 XIXXJ20XX a total of ANX 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 cqual to 1.0 milligrams per centimeter square[?1.0 mg/om2])were encountered PIace a brief summary of room locations and components found to be a hazard such as;on the exterior siding and trim,the exterior windo)sy com orients and trim and all front porch com orients. Some of the remaining test locations exhibited lead levels below the EPA4M limits,but in great enough quantities to be detectable by our 3W analyzer. It should be noted that lead concentrations(in paint)that are less tharr the levels that identify a surface coating as LBP still have the potential of causing lead poisoning. Should these L13P 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 LTIR A NA1viE,a State of INMRT STATE certified Risk Assessor, using the INSERT TYPE OF Xk1`F X-ray Fluorescence analyzer(INSERT SERIAL#,State of SE T STATE license It SBRT LIC SE . Please refer to the appendices for the detailed OF,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. XRF Lead-Based Paint Testing Results(An actual tread out sheet,if the format of report contains all components listed below,can be included. XRF Anal 'cal Sara lin Results for 8tree L State ZIP Readirt Rids structu FaM COMMUOrl Substrate C910 esult X ead Number T Cintixfl ni leinx deteriorated 2 3 A 5 6 7 S 9 �0 II 12 13 3A 15 16 i I. I� I 17 18 19 20 21 22 23 24 25 26 27 28 _ 29 30 31 32 33 34 35 36 See Sketch in Appendix A XRF Calibration Checks C-I Calibration MIST Lead paint Film Standard,1.0+.1,{Red MIST Verify Film C-2 Calibration NIST Lead Faint Film Standard,1.0+.l,(Red MIST Verify Film) C-3 Calibration MST Lead Paint Film Standard,1.0+.1,(Red MIST Year Film Performed by INSERT CCNTANY,INSERT ADDRESS i t .J f. Interior Dust Sampling Dust samples must be collected from a windowsill 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 WIC dust wipe samples were collected in an effort to help to determine the levels of lead- containing dust on the interior window sills and floms. These samples were collected from areas most likely to be lead contaminated if load-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 STAT$ regulations define the following as hazardous levels for lead dust in residences; floors—z40 µgd(micrograms per square foot);interior window sills--2250 l.rgle. There is no EPA dust-lead hazard standard for window troughs. Please refer to Appendix B—Dust Wrpe 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 HC]D,was detected in INSERT#OF SAMPIES sampleM. This sample was obtained from the INSERT LOCATION OF SAh2LES and constitutes a dust-lead hazard in that room. Testing data in bald face indicates dust lead levels at or above the EPA Hazardous Levels of Lead regulations that were published on January 5,2001. Type Location Component ft Sample Size Sample Location Test Results if 1 Dust Wi e 2 Dust Wipe. 3 Dust Wipe 4 Dust Wipe 5 Dust Wipe 6 Dust Wipe 7 Dust Wipe 8 Dust Wipe Laboratory Information: Laborato Name Street Address CA,State ZIP Dust Wipe Analysis Protocol: EPA Method XXOOO,0000,implementing xxx= xxx XDOXx XXXxx XxIXHK Dust Wipe medium used; Load-Wipes,ASTM#X0000-00a National Lead Laboratory Accreditation Program Serial #000000 number: I f i g. Soil Sampling and Laboratory Information INS RT#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 sail areas only. See the following table far a summary of the soil sampling results. Please refer to(Appendix C---Soil SarnpkAnalytical Data for the detailed analytical reports. Testing data in bol4 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 CitV,state ZIP Soil Analysis Protocol: EPA Method SW846,7420,implementing a microwave- assisted d' estion pLocess. National bead Laboratory Accreditation #000000 Program Serial number: i - s II E I 10, Lead-Based Faint Hazard Control Options Lead abatement,interim controls,lead-safe work practices and workerloccupantprotection 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 fumy(as mandated)should accomplish all abatement/interim control activities conducted at this residence. Details for the listed lead hazard control options and issues surrounding eccupant/worker protection practices can be found in the publication entitled:Guidelines foie the Evaluation and CorrvW afLBP Hazards in Housingpublished by HUD,the Environmental Protection Agency(SPA)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 ELID,means a set oftneasures 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 GM BP with approved products;and the removal or permanent covering(concrete or asphalt)of soil-lead hazards. i f i 11. Appendices Appendix A Dust Sample Data Name of Laboratory Street Address City,State ZIP Phone Number Fax Number (List Lab Aocreditations) LABORATORY ANALYSIS REPORT Lead Analysis by EPA 0000Y10000 Method CLIENT#: 3DDCKXXXX DATE COLLECTED: 00/00/0000 CLIENT: COMPANY DATE RECEIVED: 00/00/0000 ADDRESS: Street DATE ANALYZED: 00/00/0000 City,State ZIP DATE REPORTED: 00/00/0000 PO#: NIA SAMPLE TYPE: WIPE PROTECT NAME: City of ANYTOWN TOB LOCATION:Street,City,State ZIP ALI Sample Client Sample Sample Area Dilution Total Lead Lead * Concentration Na Sanxple No. Description (It) Factor (p9) i I QC—18081 10.0 ppm Calibration Sid QC—18081 200[tg spike ' QC—18081 5.0 ppm Calibration Std QC--18081 Blank QC—18081 NIST 2710 Standard ANALYST: XXXX7 XXXXXK Total No,of Pages in Report: 1 REVIEWED BY: XXK � mjnimtt+n Reporting Limit: 20 tug Total Lead Effective 316101,EPA.Lead Hazard Standards:40 yg/fi2 for floors and 250 twglft2fm•interior window sills,400 trgl°T°for window troughs. Industrial projects may have limits established per prJect• *For true values, assume two(2)signi cant figures. 4 i I App endix B Soil Sample Data Name of Laboratory Street Address City,State ZIP Phone Number Fax Number (List Lab Accreditations) LABORATORY ANALYSYB REPORT Lead Analysis by EPA OOOOX10000 Method CLIENT#: xxxxxxxx DATE COLLECTED: 00/00/0000 CLIENT: COMPANY DATE RECEIVED; 00/00/0000 ADDRESS: Street DATE ANALYZED: 00/00/0000 City,State Z1P DATE REPORTED: 00/00/0000 PO#: NIA SAMPLE TYPE: SOIL. PROJRCT NAME: City of ANYTOWN JOB LOCATION:Street,City,State AIP ALI Sample Client Sampta Sample Wt Dilution Factor Total Lead Lead Lead Cone No Sample Deseription (mg) W)* Co acentrail (ppm) No on CA by wt) I QC—14669 10.0 ppm Calibration Std QC—14669 200[tg spire QC--14669 5.0 ppm Calibration Std QC—14�9N �IM:2 QC—1410 Standard ANALYST; XXXXX X iXK REV]BWED BYXXXXX XXXXXX Total No.of Pages in Report: 1 idininwnr Reporting Limit: 20 pg Total Lead. Effective 316101,EPA Lead Hascn d Standa7-ds:401aglft� for floor s and 250 pglf?for intertor window sills, 400 sue for window troughs, Indarstrial pi*ojeats may have llmtts establishedper project. *For flare vahres,assume two(2)sign icant figures. E i i i I Appendix C Site and Floor Flan Site and Floor Plan Insert site and floor plans indicating the locafions of XRF testing,soil lead and dust lead sampling performed at this property.Should include directional reference and a legend for any notations trade with the sketch. 4 € E f I f i i I Appendixb Risk Assessor License and Certification Copy ofRislc Assessor's License/Certification NOTE;In this age of electronic alteration and reproduction,HUD encourages all lead-based paint professionals to give serious consideration to the issue of whether they wish to attach photocopies of their certifications)or license(s). jNsFRT Copy of STATFAPARISICASSESSOR LICENSEICER-MICATION. I I I I I i E Appendix E Firm's Lead Activity License/Certification E Copy ofFirm's Lead Activity License/Certification INSERT COPY OF DRM'S LEAD ACTIVITY LICE,NSEICE,RTIFICATION ti i +I I Appendix F XRF Training Certificate and Performance Characteristic Sheet Copy of 3W Training Certificate and XRF Performance Characteristic Sheet INSERT COPY OF XRF TRAINING CERTIFICATE. 1 TNSFRT PCS.(V MORE THAN ONE XRF MDIIBL WAS USED,INSERT THE FC5 FOR EACH) i 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 sail 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 CPR 745.223). Bare sail:Soil not covered with grass,sod,some other similar vegetation,or paving,including the sand in sandboxes. Chewable surface:An interior or exterior surface painted with lead-based paint that ayeung 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. Driplinelfo►rndation 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 load equal to or iu 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 745,55(b);as of the publication of this edition ofthese Guidelines,these are 40�ugfie on floors and 250 µg/e 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 of 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. E Lead-based paint:Any paint,varnish,shellac,or other coating that contains lead equal to or greater than 1.0 mglarn2 as measured by)W or laboratory analysis,or 0.5 percent by weight(5000 inglg,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 ofteeth marks;or any other deteriorated lead-based paint in any residential building or child- occupied facility or on the exterior of any residential building or child-occupied facility. Play area:An area of frequent soil contact by children of under age 6 as indicated by,but not limited to, such factors including the following:the presence of outdoor play equipment(e.g,,sandboxes,swing sets, and sliding boards),toys,or other children's possessions,observations of play patterns,or information provided by parents,residents,care givers,or property owners. Soil-lead hazard:Bare soil on residential property that contains lead in excess of the standard established by the EPA under Title N of the Toxic Substances Control Act.EPA standards for soil-lead hazards, published at 40 CFR 745.65(c),as of the publication of this edition of these Guidelines,is 400 pg/g in play areas and 1,200 wglg in the rest of the yard.Also called lead-contaminated soil. i { i Appendix H Additional Lead and Lead Safety Resource Data TaY UMS OF MEA,SURE ME NT Gram(g or gm):A unit of mass in the metric system.A nickel weighs about I gram,as does a 1 oube 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 28A grams equal I ounce. µg(microgram):A microgram is 1/1000h 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/di,(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, Rife(micrograms par square feet);the unit used to express levels of lead in dust samples. All reports should report levels of lead it dust in µgift,. mg/cm,(milligrams per square centimeter):used to report levels of lead in paint thru XRP 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 amass 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:pg/L(micrograms per liter). 1. 1✓PAI)BM Lead-)Based Paint and Lead-Bused Paint Hazard Standards Lead-Based Paint(mav be det=ined in either oftwe waysl • Surface concentration(mass of lead per area) 1.0 µ.glom, • Bulk concentration(mass of lead per volume) 0.50K,5000 µgig,or 5000 ppm Dust-tbresholds for Lead-Contamination ■ Floors 40 µglfl ■ Interior Window Sills 250 µg/fe + Window Troughs(clearance examination only) 400 µgle Soil-thresholds for Lead Confamination ■ Play areas used by children under age 6 400 µg/g,or 400 ppm ■ Other areas 1200 µg/g,or 1200 ppm i l rf Appendix.1 Resourcesfor additional information on lead-based paint and lead-teased paint hazards 1. National Lead information Center&Clearinghouse; 1-800-424 LEAD www.epa.govllead Ipubsinlic Itm .2. Centers for Disease Control and Prevention Lead Program; wwwAC.goyilead Toll-fiee CDC Contact Centex: 800-CDC]NPO;TTY 888-232-6348 CONSURERPRODUCT SAFETY COMMISSION Www,cpsc. oy Tall-free consumer hotline: 1-800-638-2772;=301-595-7054 3. Environmental ProtectionAgenayLeadProgrant; wwwaca.gayLlead 202-566-0-0500 —— HUD OFFICE OF HEALTRY HOMES AND LEAD HAZARD CONTROL; www.hud.jzov/of[ices/Je 202-402-7698 A Arai state.department of Health and Environment,Lead Polsoning Prevention Prograrn de thealth.state.anllead Hearing-or speech-chaIlenged individuals may access the federal agency numbers above through TTY by calling the toll-free Federal Relay Service at 800-877-8339;see also W://www.faderalre]U.uslttk. City of Fort Worth, Texas Mayor and Council Communication DATE: 01/14/20 M&C FILE NUMBER: M&C 20-0006 LOG NAME: 13P19-0098 LEAD PAINT INSPECTION&RISK ASSESSMENTS SUBJECT Authorize Execution of Non-exclusive Agreements with Baer Engineering&Environmental Consulting, Inc.and EnviroQuest, Inc.for Lead-Based Paint Inspection and Risk Assessment Services for the Neighborhood Services Department in an Annual Combined Amount of up to $150,000.00 and Authorize Four Annual Renewal Options(ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council authorize execution of non-exclusive agreements with Baer Engineering&Environmental Consulting, Inc. and EnviroQuest, Inc.for lead-based paint inspection and risk assessment services for the Neighborhood Services Department in an annual combined amount of up to$150,000.00 and authorize four annual renewal options. DISCUSSION: The Neighborhood Services Department approached the Purchasing Division to finalize annual contracts for lead-based paint inspection and risk assessment services for all Council districts in Fort Worth. In order to procure these services,staff issued a Request for Proposal(RFP). The RFP consisted of detailed specifications for lead-based paint inspection and risk assessment services. The Request for Proposals(RFP)was advertised in the Fort Worth Star-Telegram on Wednesdays between July 3,2019 and July 31,2019.Sixty- six vendors were solicited from the purchasing vendor database system and four responses were received.An evaluation committee consisting of staff from the Neighborhood Services Department reviewed the proposals received. The evaluation factors included methodology and approach to the project,demonstrated experience of the firm, personnel qualifications,ability to provide timely response and cost of inspections.The proposals received from Baer Engineering&Environmental Consulting, Inc.and EnviroQuest, Inc.were found to provide the best value to the City. The prices offered for the inspection services are lower than the average cost of a lead inspection according to Environmental Protection Agency statistics.No guarantee was made that a specific amount of services would be purchased. However,the City will spend an annual combined amount of up to$150,000.00 for these services. The Neighborhood Services Department will use these contracts to purchase lead-based paint inspection and risk assessment services for residential units in accordance with all state and federal regulations established by the Environmental Protection Agency,the United States Department of Housing and Urban Development,and the State of Texas.Two firms were selected to provide the City with sufficient coverage to avoid a backlog of inspections and assessments.Work orders will be issued on a roational basis for the two contractors based on inspection completions and contractor availability. On March 7,2017(M&C G-18966),the City authorized acceptance of a$3,000,000.00 grant for its Lead-Safe Program from the United States Department of Housing and Urban Development(HUD)under its Lead Hazard Reduction Demonstration Grant Program and a$400,000.00 Healthy Homes supplemental grant. At the same time,the City Council authorized$750,000.00 in Community Development Block Grant funds a direct match,as required by HUD for the grant.The purpose of the City's Lead-Safe Program(LSP)is to assess,treat and control lead-based paint hazards in City housing units built prior to 1978 or in which children under the age of six reside or visit. Per grant requirements,preference must be given to properties where children under the age of six reside or visit.The City's performance period for this grant is December 15,2017 through December 14,2020,and award of future Lead Hazard Reduction Demonstration Grant funds for the City's Lead-Safe Program is anticipated to follow the successful completion of the current performance period. The program provides lead inspections and risk assessment of housing units,as well as blood tests for children under six years of age and is limited to homeowners earning at or below 80 percent of Area Median Income(AMI)as established by HUD annually.The grant also pays for lead hazard reduction and interim controls in eligible properties including replacement of windows,doors and exterior siding,and removal of contaminated dust.The Healthy Homes supplemental grant pays for health and safety-related repairs to properties eligible under the Lead Hazard Reduction Grant to ensure that housing stock is safe for those who are particularly vulnerable to lead contamination such as children and the elderly. CONTRACT TERM-Upon City Council's approval,the Contract(s)awarded from this RFP shall be executed for a one-year initial term with four(4) one-year options to automatically renew at the City's sole discretion. M/WBE OFFICE-A waiver of the goal for MBE/SBE subcontracting requirements was requested by the Purchasing Division and approved by the M/WBE Office,in accordance with the BDE Ordinance,because the purchase of goods or services is from sources where subcontracting or supplier opportunities are negligible. FISCAL INFORMATION/CERTIFICATION: The Fiscal Year 2015 Budget included appropriations of$1,004,500.00 in the Lead Hazard Reduction Demonstration Grants Fund for contractual services.To date,$11,720.00 of those appropriations have been expended. Upon approval of this recommendation,the Director of Finance certifies that upon the recommendations,funds are available within the appropriation of the expenditures. Submitted for City Manager's Office by- Kevin Gunn 2015 Originating Business Unit Head: Reginald Zeno 8517 Additional Information Contact: Laurena Hamilton 8321 Cynthia Garcia 8525