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HomeMy WebLinkAboutContract 47160 (2)3/44 REctIvEn QcT 2 6 2Q15 pf F voRI \NORM PROFESSIONAL SERVICES AGREEMENT nN SECRETARY This PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into by and between the CITY OF FORT WORTH (the "City"), a home rule municipal corporation of the State of Texas, acting by and through Fernando Costa, its duly authorized Acting Assistant City Manager, and ITECH ENVIRONMENTAL SERVICES INC. ("Contractor") a Texas corporation, acting by and through Tom Jankowiak, its duly authorized President. CONTRACT DOCUMENTS: The Contract documents shall include the following: 1. This Agreement for Professional Services 2. Exhibit A — Scope of Services 3. Exhibit B — Fee Schedule 4. Exhibit C - Sample Inspection/Risk Assessment Report CITY SECRETARY / L 7/& OCONTRAGi NA.`�[ .. All Exhibits attached hereto are incorporated herein and made a part of this Agreement for all purposes. In the event of any conflict between the documents, the terms and conditions of this Professional Services Agreement shall control. The term "Contractor" shall include the Consultant or Contractor, and its officers, agents, employees, representatives, servants, contractors or subcontractors. The term "City" shall include its officers, employees, agents, and representatives. 1. GENERAL 1.1 Contractor hereby agrees to provide the City, in accordance with appropriate professional standards, lead -based paint inspection and risk assessment services, as outlined in Exhibit "A", including any attachments thereto, all of which are hereby made part of this Agreement for all purposes. These services shall be performed in connection with the Lead Hazard Reduction Demonstration Grant Program. • 1.2 Additional services, if any, will be requested in writing by the City. City shall not pay for any work performed by Contractor- or its subcontractors and/or suppliers that has not been ordered in writing. It is specifically agreed that Contractor shall not be compensated for any alleged additional work resulting from oral orders of any person. 2. AGREEMENT TERM 2.1 The initial term of the Agreement will be two (2) years and shall commence on September 16, 2015 ("Effective Date") and shall expire on September 14, 2017, unless terminated earlier in accordance with the provisions of this Agreement. 2.2 City shall have the sole right to renew this Agreement for three (3) additional one-year terms. If City desires to exercise an option to renew, City shall notify Contractor in writing of its intention to renew at least 60 days prior to the end of the then -current term. Compensation to be paid during any option term shall be the same as that provided for in the Initial Term. 3. COMPENSATION The City shall pay Contractor an amount not to exceed $100,000.00 in accordance with the provisions of this Agreement and the Fee Schedule attached as Exhibit "B," which is incorporated for all purposes herein. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Payments are to be made within 30 days of receipt of invoice from Contractor for services. Payment shall be considered full compensation for all labor, materials, supplies, and equipment necessary to complete the services described in Attachment "A '. Contractor shall not perform any additional services for the City not specified by this Agreement unless the City requests and approves in writing the additional costs for such services. The City shall not be liable for any additional expenses of Contractor not specified by this Agreement unless the City first approves such expenses in writing. The Contractor shall provide monthly invoices to the City. Payment for services rendered shall be due within thirty (30) days of the uncontested performance of the particular services so ordered and receipt by City of Contractor's invoice for payment of same. Acceptance by Consultant of said payment shall operate as and shall release the City from all claims or liabilities under this Agreement for anything related to, done, or furnished in connection with the services for which payment is made, including any act or omission of the City in connection with such services. 4. MINORITY BUSINESS ENTERPRISE (MBE) PARTICIPATION 4.1 A waiver of the goal for MBE/SBE subcontracting requirements was requested by the Purchasing Division and approved by the Minority/Women Owned Business Enterprise (M/WBE) Office, in accordance with the Business Diversity Enterprise (BDE) Ordinance, because the purchase of goods or services is from sources where subcontracting or supplier opportunities are negligible. 5. TERMINATION 5.1 Written Notice The City may terminate this Agreement at any time, with or without cause, by providing the Contractor with 30 days' written notice of termination. Upon the receipt of any such notice, Contractor shall immediately discontinue all services and work and the placing of all orders or the entering into contracts for all supplies, assistance, facilities and materials in connection with the performance of this Agreement and shall proceed to cancel promptly all existing contracts insofar as they are chargeable to this Agreement. Either the City or the Contractor for cause may terminate this Agreement if either Party fails substantially to perform through no fault of the other and does not commence correction of such nonperformance with 5 days of written notice and diligently complete the correction thereafter. 5.2 Non -appropriation of Funds In the event no funds or insufficient funds are appropriated by the City in any fiscal period for any payments due hereunder, City will notify Contractor of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to the City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds shall have been appropriated. 5.3 Duties and Obligations of the Parties following Termination In the event that this Agreement is terminated prior to the expiration of the then current term, Contractor shall, to the extent permissible by applicable law, piovide the City with copies of all completed or partially completed documents, including reports or drawings, prepared under this Professional Services Agreement, ITech Environmental Services Inc., Page 2 of 38 Agreement at no additional cost to the City. City shall pay Contractor for services actually rendered up to the effective date of termination, and Contractor shall continue to provide the City with services requested by the City and in accordance with this Agreement up to the effective date of termination. The City also shall pay Contractor for services actually performed in accordance herewith prior to such termination, less such payments as have been previously made, in accordance with a final statement submitted by Contractoi documenting the performance of such work. CONTRACTOR SHALL NOT BE ENTITLED TO ANY LOST OR ANTICIPATED PROFITS SHOULD THE CITY ELECT TO TERMINATE THIS AGREEMENT. 6. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION 6.1 Disclosure of Conflicts Contractor hereby warrants to the City that Contractor has made full disclosure in writing of any existing or potential conflicts of interest related to services to be performed under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement, Contractor hereby agrees immediately to make full disclosure to the City in writing. Contractor, for itself and its officers, agents and employees, further agrees that it shall treat all information provided to it by the City as confidential and shall not disclose any such information to a third party without the prior written approval of the City. Contractor shall store and maintain City information in a seem e manner and shall not allow unauthorized users to access, modify, delete, or otherwise corrupt City information in any way. Contractor shall notify the City immediately if the security or integrity of any City information has been compromised or is believed to have been compromised. 6.2 Confidential and Public Information. Contractoi, for itself and its officers, agents and employees agrees that it shall treat all information provided to it by the City (` City Information') as confidential and shall not disclose any such information to a thin d party without the prior written approval of the City. Notwithstanding the foregoing, Contractor understands and agrees that the City is a public entity under the laws of the State of Texas and as such, is subject to various public information laws and regulations, including, but not limited to, the Texas Public Information Act, Chapter 552 of the Texas Government Code (the "Act ). Contractor acknowledges that, under the Act, the following information is subject to disclosure: 1) all documents and data held by the City, including information obtained from the Contractor, and 2) information held by the Contractor for or on behalf of City that relates to the transaction of City's business and to which City has a right of access. The City shall not be liable or responsible in any way for the disclosure of information if disclosure is required by the Act or any other applicable law or court order. In the event there is a request for such information to which the Contractor objects, it will be the responsibility of Contractor to submit reasons objecting to disclosure. A determination on whether such reasons are sufficient will not be decided by the City, but by the Office of the Attorney General of the State of Texas or by a court of competent jurisdiction. 7. RIGHT TO AUDIT 7.1 Contractor agrees that the City shall, until the expiration of five (5) years after final payment under this Agreement, have access to and the right to examine, to the extent permissible by applicable law, at reasonable times any directly pertinent books, documents, papers and records of Contractor involving transactions relating to this Agreement at no additional cost to the City. Contractor agrees Professional Services Agreement, ITech Environmental Services Inc., Page 3 of 38 that the City shall have access during normal working hours to all necessary Contractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The City shall give Contractor reasonable advance notice of intended audits. Contractoi agrees to photocopy such documents as may be requested by the City. City agrees to r eimburse Contractor for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. 7.2 Contractor further agrees to include in all its subcontractor agreements hereunder a provision to the effect that the subcontractor agrees that the City shall, until expiration of five (5) years after final payment of the subcontract, have access to and the right to examine at reasonable times any directly pertinent books, documents, papers and records of such subcontractor involving transactions related to the subcontract, and further that City shall have access during normal working hours to all subcontractor facilities and shall be provided adequate and appropriate work space in order to conduct audits m compliance with the provisions of this paragraph. City shall give subcontractor reasonable notice of intended audits. Subcontractor shall be required to photocopy such documents as may be requested by the City. City agrees to reimburse subcontractor for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. This section shall survive the expiration or termination of this Agreement. 8. INDEPENDENT CONTRACTOR It is expressly understood and agreed that Contractor shall operate hereunder as an independent contractor as to all rights and privileges granted herein, and not as agent representative or employee of the City. Subject to and in accordance with the conditions and provisions of this Agreement, Contractor shall have the exclusive right to control the details of its operations and activities and be solely responsible for the acts and omissions of its officer s, agents, servants, employees contractors and subcontractors. Contractor acknowledges that the doctrine of 1 espondeat superior shall not apply as between the City, its officers, agents, servants and employees, and Contractor its officers agents employees, servants, contractors and subcontractors Nothing herein shall be construed as the creation of a partnership or joint enterprise between City and Contractor. 9. LIABILITY AND INDEMNIFICATION 9.1 LIABILITY - CONTRACTOR SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF CONTRACTOR, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. 9.2. INDEMNIFICATION - CONTRACTOR AGREES TO DEFEND, INDEMNIFY, AND HOLD THE CITY, ITS OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES HARMLESS AGAINST ANY AND ALL CLAIMS, LAWSUITS ACTIONS, COSTS, AND EXPENSES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO OWNER'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY (INCLUDING DEATH), THAT MAY RELATE TO, ARISE OUT OF, OR BE OCCASIONED BY (I) BREACH OF ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT BY CONSULTANT, ITS OFFICERS, Professional Services Agreement, ITech Environmental Services Inc., Page 4 of 38 AGENTS, ASSOCIATES, SERVANTS, EMPLOYEES, CONTRACTORS (OTHER THAN THE CITY) OR SUBCONTRACTORS; OR (II) ANY NEGLIGENT ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF CONSULTANT, ITS OFFICERS, AGENTS, ASSOCIATES, SERVANTS, EMPLOYEES, CONTRACTORS (OTHER THAN THE CITY), OR SUBCONTRACTORS RELATED TO THE PERFORMANCE OF THIS AGREEMENT, THE INDEMNITY PROVIDED FOR IN THIS SECTION SHALL NOT APPLY TO ANY LIABILITY RESULTING FROM THE SOLE NEGLIGENCE OF CITY OR ITS OFFICERS, AGENTS, EMPLOYEES, OR SEPARATE CONTRACTORS. IN THE EVENT OF JOINT AND CONCURRENT NEGLIGENCE OF BOTH CONSULTANT AND CITY, RESPONSIBILITY, IF ANY, SHALL BE APPORTIONED COMPARATIVELY IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. NOTHING HEREIN SHALL BE CONSTRUED AS A WAIVER OF THE CITY'S GOVERNMENTAL IMMUNITY AS FURTHER PROVIDED BY THE LAWS OF TEXAS. 9.3 SUBCONTRACTORS - CONTRACTOR SHALL REQUIRE ALL OF ITS SUBCONTRACTORS AND ASSIGNEES TO INCLUDE IN THEIR SUBCONTRACTS OR ASSIGNMENTS A RELEASE AND INDEMNITY IN FAVOR OF THE CITY IN SUBSTANTIALLY THE SAME FORM AS ABOVE. THIS SECTION SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS AGREEMENT. 10. ASSIGNMENT Contractor shall not assign or subcontract any of its duties, obligations or rights under this Agreement without the express prior written consent of the City. If the City gi ants consent to an assignment, the assignee shall execute a written agreement with the City and Contractor under which the assignee agrees to be bound by the duties and obligations of Contractor under this Agreement. Contractor and Assignee shall be Jointl) liable for all obligations under this Agreement prior to the date of assignment. If the City grants consent to a subcontract the subcontractor shall execute a written agreement with Contractor referencing this Agreement under which the subcontractor shall agree to be bound by the duties and obligations of Contractor under this Agreement as such duties and obligations may apply. Contractor shall provide the City with a fully executed copy of any such subcontract. 11. INSURANCE 11.1 Contractor shall not commence work under this Agreement until it has obtained all insurance required under this Section and the City has approved such insurance, nor shall Contractor allow any subcontractor or subconsultant to commence work on its subcontract until all similar insurance of the subcontractor or subconsultant has been so obtained and approval given by the City provided, however, Contractor may elect to add any subcontractor as an additional insured under its liability policies. 11.2 The City reserves the right to review the insurance requirements of this section during the effective period of the Agreement and any extension of renewal hereof, and to modify insurance coverage and limits when deemed necessary and prudent by the City's Risk Manager based upon changes in statutory law, court decisions, or circumstances surrounding this Agreement, but in no instance will the City allow modification whereupon the City may incur increased risk. 11.3 Contractor's financial integrity is of interest to the City; therefoi e, subject to Contractor's right to maintain reasonable deductibles, Contractor shall obtain and maintain in full force and effect for the Professional Services Agreement, ITech Environmental Services Inc., Page 5 of 38 duration of the Agreement, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis except Technology and Professional Liability, which may be written on a claims -made basis. All insurance required under this Agreement must be written by a company that is authorized and admitted to do business in the State of Texas and that is rated A-VII or better by A.M. Best Company or similar rating acceptable to the City Coverage shall be written in the following types and amounts: 1 1.3.1 Workers' Compensation — Statutory Employers' Liability - $500,000 / $500,000 / $500,000 11.3.2 Commercial General (Public) Liability Insurance to include the following types of coverage: Premises/Operations Independent contractors, Products/Completed Operations Personal Injury, and Contractual Liability. (Combined Single Limit for Bodily Injury and Property Damage $1,000,000 per Occurrence and $2,000,000 Aggregate) 11.3.3 Automobile Liability for Owned/Leased vehicles, Non -Owned vehicles, and Hired Vehicles (Combined Single Limit for Bodily Injury and Property Damage $1,000,000 per accident) 11.3.4 Commercial Umbrella - $1,000,000 per occurrence $1,000,000 Aggregate 11.3.5 Cyber Liability- $1,000,000 per Claim, $1,000,000 Aggregate 11.4 For coverage underwritten on a claims -made basis, the retroactive date shall be coincident with or prior to the Effective Date of the Agreement and the certificate of insurance shall state the coverage is claims -made and indicate the retroactive date. 11.5 All required insurance shall be maintained for the duration of the Agreement. An annual certificate of insurance submitted to the City shall evidence such insurance coverage. 11.6 City shall be entitled, upon request and without expense, to receive copies of the policies and all endorsements thereto as they apply to the limits required by the City, and may make a reasonable request for deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies) Upon such request by the City Contractor shall exercise reasonable efforts to accomplish such changes in policy coverage and shall pay the cost thei eof. 11.7 Contractor agrees that with respect to the above -required insurance, all insurance contracts and Certificate(s) of Insurance will contain the following required provisions: 11.7.1 With the exception of Workers' Compensation and Professional Liability policies, name the City and its officers, employees, officials, agents, and volunteers as additional insureds in respect to operations and activities of or on behalf of, the named insured performed under the Agreement with the City 1 1.7.2 An endorsement stating that Contractor's instil ance shall be deemed primary and non- contributory with respect to any insurance or self -insured retention carried by the City for liability arising out of operations under the Agreement with the City. Professional Services Agreement, ITech Environmental Services Inc., Page 6 of 38 1 1.7.3 Contractor's Workers' Compensation and Employers' Liability policy will provide a waiver of subrogation in favor of the City. 11.8 Each insurance policy shall be endorsed to provide the City a minimum thirty days' notice of cancellation, non -renewal, and/or material change in policy terms or coverage Further, Contractor shall notify the City in the event of any notice of cancellation, non -renewal or material change in coverage and shall give such notices not less than thirty(30) days prior to the change, or ten (10) days' notice for cancellation due to nonpayment of premiums, which notice must be accompanied by a replacement Certificate of Insurance. All notices shall be given to the City at the following address: City of Fort Worth Attn Fernando Costa, Assistant City Manager 1000 Throckmorton Street Fort Worth, Texas 76102 A copy must also be sent to the City's Risk Manager at the same address. 11.9 If Contractor fails to maintain the aforementioned insurance, or fails to secure and maintain the aforementioned endorsements, the City may obtain such insurance, and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; however, procuring of said insurance by the City is an alternative to other remedies the City may have, and is not the exclusive remedy for failure of Contractor to maintain said insurance or secure such endorsement. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any msuiance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or the right to withhold any payment(s) that become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. 11.10 Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible foi payments of damages to persons or property resulting from Contractor's or its subcontractors' performance of the work covered under this Agreement. 11.11 Any failure on the part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirement 12. COMPLIANCE WITII LAWS, ORDINANCES. RULES AND REGULATIONS In fulfilling its obligations under this Agreement, Contractor, its officers, agents, servants, employees and subcontractors, agiee to comply with all applicable federal, state, and local laws and ordinances, and with all applicable rules and regulations promulgated by the local, state and national boards, bureaus and agencies Approval by the City shall not constitute or be deemed to be a release of the responsibility and liability of Contractoi or its officers, agents, employees, contractors and subcontractors for the accuracy and competency of its services performed hereunder. If the City notifies Contractor of any violation of such laws, ordinances, rules or regulations, Contractor shall immediately desist from and correct the violation. Contractor agrees to defend, indemnify and hold harmless City and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself of its employees. Professional Services Agreement, ITech Environmental Services Inc., Page 7 of 38 13. NON-DISCRIMINATION COVENANT Contractor, for itself, its personal representatives, assigns, subcontractors and successors in interest, as part of the consideration herein, agrees that in the performance Contractor's duties and obligations hereunder it shall not discriminate in the ti eatment or employment of any individual or gi oup of individuals on any basis prohibited by law. If any claim arises from an alleged violation of this non- discrimination covenant by Contractor its personal representatives, assignees, subcontractors or successors in interest, Contractor agrees to assume such liability and to indemnify and defend the City and hold the City harmless from such claim. This Agreement is made and entered into with reference specifically to the provisions in the City Code of the City of Fort Worth prohibiting discrimination in employment practices, and Contractor hereby co\ enants and agrees that Contractor, its officers, agents, servants, employees, and subcontractors have fully complied with all provisions of same and that no employee or employee -applicant has been discriminated against by either Contractor, its officer s, agents, servants, employees, or subcontractors. 14. NOTICES Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when (i) hand -delivered to the othei party its agents, employees servants or representatives (ii) delivered by facsimile with electronic confirmation of the transmission; or (iii) received by the othei party by United States Mail, registered, return receipt requested, addressed as follows: To CITY: City of Fort Worth Attn: Fernando Costa 1000 Throckmorton Fort Worth TX 76102-6311 Facsimile (817) 392-7766 E mail: femando.costa@fortworthtexas.gov With Copy to City Attorney's Office at same address 16. SOLICITATION OF EMPLOYEES To CONTRACTOR ITech Environmental Services, Inc. Mtn* Tom Jankowiak Addiess: 2121 Grandview Drive Fort Worth TX 76112 Email: enviro141@yahoo.com Neithei the City nor Contractor shall, during the term of this Agreement and additionally for a period of one year after its termination, solicit for employment or employ, whether as employee or independent contractor, any person who is or has been employed by the other during the term of this Agreement, without the prior written consent of the person's employer. 17. GOVERNMENTAL POWERS It is understood and agreed that by execution of this Agreement, the City does not waive or surrender any of its governmental powers. Professional Services Agreement, ITech Environmental Services Inc., Page 8 of 38 18. NO WAIVER The failure of the City or Contractor to insist upon the performance of any term or provision of this Agreement oi to exercise any right granted herein shall not constitute a waiver of the City's or Contractor's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 19. GOVERNING LAW / VENUE This Agreement shall be construed in accordance with the internal laws of the State of Texas. If any action, whether real or asserted, at law or in equity, is brought on the basis of this Agreement, venue foi such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. 20. SEVERABILITY If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired, and this Agreement shall be construed as if such invalid or unconstitutional portion had never been contained therein. 21. FORCE MAJEURE The City and Contractor Agreement. If either party is unable, either in whole or part, to fulfill its obligations under this Agreement due to acts of God; strikes, lockouts, or other industrial disturbances• acts of public enemies; wars; blockades; insurrections; riots epidemics public health crises; earthquakes; fires floods; restraints or prohibitions by any court, board department, commission or agency of the United States or of any state; declaration of a state of disaster oi of emergency by the federal, state, county, or City government in accordance with applicable law; issuance of a Level Orange or Level Red Alert by the United States Department of Homeland Security; any arrests or restraints; civil disturbances explosions; or some other reason beyond the parry's reasonable control (collectively, "Force Majeure Event '), the obligations so affected by such Force Majeure Event will be suspended only during the continuance of such event 22. HEADINGS NOT CONTROLLING Headings and titles used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 23. REVIEW OF COUNSEL The parties acknowledge that each party and its counsel have reviewed and revised this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or exhibits hereto. 24. AMENDMENTS / MODIFICATIONS / EXTENSIONS No extension, modification or amendment of this Agreement shall be binding upon a party hereto unless such extension, modification, or amendment is set forth in a written instrument, which is executed by an authorized representative and delivered on behalf of such party. Professional Services Agreement, ITech Environmental Services Inc., Page 9 of 38 26. ENTIRETY OF AGREEMENT This Agreement, including the schedule of exhibits attached hereto and any documents incorporated herein by reference, contains the entire understanding and agreement between the City and Contractor their assigns and successors in interest, as to the matters contained herein. Any piior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Ay eement. 27. SIGNATURE AUTHORITY Each person signing this Agreement hereby warrants that he/she has the legal authority to execute this Agreement on behalf of his/her respective party, and further warrants that such binding authority has been granted by propel oidet, resolution ordinance or other authorization of the entity. The other party is fully entitled to rely on this warranty and representation in entering into this Agreement. [SIGNATURE PAGE FOLLOWS] Professional Services Agreement, ITech Environmental Services Inc., Page 10 of 38 IN,_VITNE S WHEREOF, the parties hereto have executed this Agreement in multiples on this the day of ,2015. CITY OF FORT WORTH Fernando Costa Assistant City Manager Date: /4€2e6/S APPROVED AS TO FORM AND LEGALITY: Grant Jordan Assistant City Attorney II APPROVAL RECOMMENDED: By: Title: CONTRACT AUTHORIZATION: M&C: Ore 775-03 Date Approved: JOc?(2 " 2016 ITECH ENVIRONIVIE P • SERVICES INC. Toni Jankowiak President Date: Id 4 //se- OPPICIAL RECORD C1TY SECRETARY FT. WORTH, TX Professional Services Agreement, ITech Environmental Services Inc., Page 11 of 38 EXHIBIT A Scope of Services 1. ITech Environmental Services Inc shall perform Lead -Based Paint Inspection and Risk Assessments (LIRA) in accordance with all regulations established by the EPA, HUD, the Office of Lead Hazard Control and Healthy Homes (OLHCHH) and Texas Fnvironmental Lead Reduction Regulations (TELRR) as the City of Fort Worth Department of Housing and Economic Development assigns inspections The size of the homes and the locations of the properties will vary. 2. All reports shall be submitted using the Inspection/Risk Assessment Report template provided by the City, attached hereto as Exhibit `C '. 3. ITech Environmental Services Inc. shall perfoiiu laboratory testing services to include soil, dust, and paint chip samples. Contractor shall be responsible for collecting and shipping the samples with the correct Chain -of -Custody forms for testing Shipping and testing media will be provided to the Contractor by the Office of Housing and Economic Development 4. ITech Environmental Services Inc. shall be provided client name, address and phone number to schedule inspection date and time with the homeowner. Contractor shall be responsible for finding out if client's home has burglar bars on windows before conducting an inspection/risk assessment. 5. ITech Environmental Services Inc. shall be responsible for notifying the City if burglar bars are present, and the City shall have them removed and reinstalled in order to complete the inspection/risk assessment. 6. ITech Environmental Services Inc shall take X-ray fluorescent (XRF) shots on all window components of each window. A minimum of 300-500 shots per home shall be submitted to the City by the Contractor. 7. ITech Environmental Services Inc shall provide measurements of windows and areas that are positive and deteriorated. 8. ITech Environmental Services Inc shall perform LIRA within 21 working days from the City's issuance of an assignment and will submit the completed LIRA within ten (10) business days from date the inspection/risk assessment is performed. 9. ITech Environmental Services Inc shall provide photos of positive materials and photos of the entire property. Professional Services Agreement, ITech Environmental Services Inc., Page 12 of 38 EXHIBIT B Fee Schedule Service Fee Per Inspection 1. Lead Inspection and Risk Assessment is to be performed within 21 working days from issuance of .assignment with reports delivered to CFW Lead Safe Program within 10 working days of inspection. Samples will be collected and shipped by contractor. CFW will be responsible for lab fees. 2. Healthy Homes Inspection 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 $615.00 $165.00 Professional Services Agreement, ITech Environmental Services Inc., Page 13 of 38 EXHIBIT C 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 Professional Services Agreement, ITech Environmental Services Inc., Page 14 of 38 TABLE OF CONTENTS 1. Letter to Owner 2. Executive Summary 3. Identifying Information and Purpose of Lead Based Paint Inspection and Lead Hazard Risk Assessment 4. Identified Lead Hazards 5. Excluded Components 6. Ongoing Monitoring 7. Disclosure Regulations 8. Conditions and Limitations 9. Site Information and Field Testing Resident Questionnaire Building Conditions Survey c. Paint Condition Survey d. Paint Sampling and Testing XRF Lead -Based Paint Testing Results Interior Dust Sampling Soil Sampling and Laboratory Information a b. e. f. 9, 10 Lead Based Paint Hazard Control Options 11. Appendices a. b. c. d. e. f. g• h. Appendix A Appendix B Appendix C Appendix D Appendix E Appendix F Appendix G Appendix H i. Appendix I Dust Wipe Sample Analytical Data Soil Sample Analytical Data Site and Floor Plan Copy of Risk Assessor's License/Certification Copt/ of Finn's Lead Activity License/Certification Copy of XRF Training Certificate annd XRF Perfoinrance Characteristic Sheet "Lead Speak:" A Brief Glossary Additional Lead and Lead Safety Resource Data Resources for additional information on lead -based paint and lead - based paint hazards Professional Services Agreement, ITech Environmental Services Inc., Page 15 of 38 1. Letter to Owner Name of Property Owner Street City, State ZIP INSERT DATE Dear INSERT NAME OF PROPERTY OWNFR: The lead -based paint inspection was perfoi Hied to identify paint that contains lead above allowable levels. The risk assessment identifies housing conditions called lead -based paint hazards that could result in haiiu 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: 2. ETC. The following summarizes locations of lead based paint hazards as of the date of the on -site evaluations. Routine maintenance and painting can and does change the conditions within a residence. 1. 2. ETC. Sincerely Risk Assessor, #XXXX-XXXXXX COMPANY NOTE: A copy of this report must be provided to new lessees (tenants) and purchasers of this property under federal law (24 CFR part 35 and 40 CFR part 745) before they become obligated under a lease or sales contract. The complete report also must be provided to new purchasers and it must be made available to new tenants. Landlords (lessors) and sellers also are required to distribute an educational pamphlet approved by the United States Environmental Protection Agency and include standard warning language in their leases or sale contracts to ensure that parents have the information they need to protect children from lead -based paint hazards. Professional Services Agreement, ITech Environmental Services Inc., Page 16 of 38 2. Executive Summary As a result of the lead based paint inspection and lead hazard risk assessment (to be referred to as "Assessment") conducted on ENTER DATk, it was found that lead based paint and lead based paint hazards were present on the subject property as of the date of the Assessment. The analytical results from this Assessment effort identified the following lead based paint (LBP) and LBP hazards, as defined by EPA and/or HUD standards: INSERT ROOM LOCATIONS LBP and LBP HAZARDS WERE IDENTIFIED • • ETC. Please remember that all identified LBP and LBP hazards should always be properly addressed by professionally certified lead workers. Following is a report of the information collected during this Assessment: HAZARD Component IDENTIFIED INTERIM CONTROL OPTION 3. Identifying Information and Purpose of Risk Assessment LONG TERM CONTROL OPTION A lead based paint inspection and lead hazard risk assessment (Assessment) was conducted at INSERT PROPERTY ADDRESS for INSERT PROPERTY OWNER on INSERT DATE The Assessment was conducted for COMPANY. INSERT COMPANY ADDRESS, INSERT FIRM CERTIFICATION #, by INSERT LI/RA NAME a Certified Lead Inspector and Risk Assessor (INSERT STATE CERTIFICATE and #). The purpose of the Assessment was to identify the presence of lead hazards on surfaces inside and outside the residence. The U.S. Department of Housing and Urban Development has provided funds to the INSERT GRANT PROGRAM to perform a lead hazard control projects in this community. The Assessment was conducted to determine Professional Services Agreement, ITech Environmental Services Inc., Page 17 of 38 eligibility for the giant 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 INS}-RT PROPERTY OWNER. INSERT PROPERTY ADDRESS. Further information concerning this project can be obtained fiom 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 detejniine the presence of lead based paint as soon as possible for the safety of the occupants of this unit. The listed components are not eligible to be defined as present Lead Based Paint Hazards due to the inability to complete inspection required testing by the Risk Assessor. It is highly recommended that any future disturbance of these component surface coating should be treated with caution and safety measures taken. Lead Safe Work Practices are always recommended. Professional Services Agreement, ITech Environmental Services Inc., Page 18 of 38 AREA/LOCATION COMPONENT KFY• UNC — UNCOATED INA — INACCESS l FILE ENCL — ENCLOSED 6. Ongoing Monitoring REASON NOT TESTED 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 confiuin that all paint with known LBP is not deteriorating, that lead hazard control methods have not failed, and that structural problems do not threaten the integrity of any remaining known or suspected LBP. Professional Services Agreement, ITech Environmental Services Inc , Page 19 of 38 Visual assessments do not replace the need for professional re-evaluations by a certified risk assessor. The re-evaluation should include: 1. A review of prior reports to determine where lead -based paint and lead -based paint hazards have been found, what controls were done, and when these findings and controls happened; 2. A visual assessment to identify deteriorated paint, failures of previous hazard controls, visible dust and debris, and bare soil; 3. Environmental testing for lead in dust, newly deteriorated paint and newly bare soil; and 4. A report describing the findings of the reevaluation, including the location of any lead -based paint hazards, the location of any failures of previous hazard controls and, as needed, acceptable options for the control of hazards, the repair of previous controls, and modification of monitoring and maintenance practices. The first reevaluation should be conducted no later than two years after completion of hazard controls, or, if specific controls or treatments are not conducted, two years from the beginning of ongoing lead -based paint monitoring and maintenance activities. Subsequent reevaluations should be conducted at intervals of two years, plus or minus 60 days. If two consecutive reevaluations are conducted two years apart without finding a Lead -based paint hazard, reevaluation may be discontinued. Please refer to your community development agency, housing authority, or other applicable agency for additional local/regional regulations and guidelines governing re-evaluation activities. 7. Disclosure Regulations A copy of this complete report must be made available to new lessees (tenants) and must be provided to purchasers of this property under Federal law before they become obligated under any future lease or sales contract transactions (Section 1018 of Title X — found in 24 CFR Part 35 and 40 CFR Part 745), until the demolition of this property. Landlords (Lessors) and/or sellers are also required to distribute an educational pamphlet developed by the EPA entitled "Protect Your Family From Lead in Your Home ' and include standard warning language in their leases or sales contracts to ensure that parents have the information they need to protect their children from LBP hazards. 8. Conditions & Limitations Staff of INSERT COMPANY have performed the tasks listed above requested by the Client in a thorough and professional manner consistent with commonly accepted standard industry practices, using state of the art practices and best available known technology, as of the date of the assessment INSERT COMPANY cannot guarantee and does not warrant that this Assessment has identified all adverse environmental factors and/or conditions affecting the subject property on the date of the Assessment. INSERT COMPANY cannot and will not warrant that the Assessment that was requested by the client will satisfy the dictates of, or provide a legal defense in connection with, any environmental laws or regulations. It is the responsibility of the client to know and abide by all applicable laws, regulations, and standards, including EPA's Renovation, Repair and Painting regulation The results reported and conclusions reached by INSERT COMPANY are solely for the benefit of the client. The results and opinions in this report, based solely upon the conditions found on the property as of the date of the Assessment, will be valid only as of the date of the Assessment INSERT COMPANY assumes no obligation to advise the client of any changes in any real or potential lead hazards at this residence that may or may not be later brought to our attention. Further conditions and limitations to this contracted report are included in the general terms and conditions supplied to the client with the contract for services. Professional Services Agreement, ITech Environmental Services Inc., Page 20 of 38 9. Site Information and Field Testing a. Resident Questionnaire A resident questionnaire was completed as part of the Assessment, to help the Client identify particular use patterns of the unit that would contribute to LBP Hazards. The answers to the questionnaire were obtained during an interview with the occupants, INSERT PROPERTY OWNER. Following is a summary of the information obtained during that interview: Children in the Household: Children's bedroom locations: Children's eating locations: Primary interior play area(s): Primary exterior play area(s): Toy Storage: Pets: Children's blood lead testing history: Yes or NO Children Present has had a blood lead test Observed chewed surfaces: Women of child bearing age: Previous lead testing: YES or NO Most frequently used entrances: Most frequently opened windows: Structure cooling method: Gardening — type and location(s): Plans for landscaping: Cleaning regiment: Cleaning methods• Recently completed renovations: Demolition debris on site: Resident(s) with work lead exposure: Yes or NO Residents have a work lead exposure that could contribute to lead hazards within the home or exterior structures Planned renovations: b. Building Conditions Survey Date of Construction: Apparent Building Use: Setting: Front Entry Faces: Design. Construction Type: Lot Type: Roof Front Entry Faces: is Professional Services Agreement, ITech Environmental Services Inc , Page 21 of 38 Foundation: Front Lawn Condition: Back Lawn Condition: Drip Line Condition: Site Evaluation: Exterior Structural Condition: Interior Structural Condition: Overall Building/Site Condition: c. Paint Condition Survey The purpose of the visual assessment element of the risk assessment is to locate potential lead -based paint hazards, both exterior and interior. Within a dwelling unit, the visual assessment should be conducted in all rooms. In multi -family buildings, the visual assessment should include examination of common areas adjacent to sampled dwelling units (see Section III.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 teini "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 tei rn in describing conditions other than those associated with surface coatings are not known to be defined by EPA or HUD Professional Services Agreement, ITech Environmental Services Inc., Page 22 of 38 Property address: Name of property owner: Name of risk assessor: Area Description Location of Building Component, Dust or Bare Soil Building Component, Dust, or Bare Soil Play Area/Non- Play Area 1 Area (sq. ft.) Apt. No. Date of assessment: Visual Assessment Survey Deteriorated Paint Is Area Small?2 (YorN) Probable Cause(s) of Deterioration if Known3 1 Friction or Impact Surface? (F or I) Page / of / Visible Teeth Marks? (Y or N) Notes [e.g., paint testing (e g., XRF, lab analysis) indicates paint is or is not lead - based paint; cause(s) of hazard control failures] Professional Services Agreement, ITech Environmental Services Inc , Page 23 of 38 d. Paint Sampling and Testing LBP testing, confoi piing 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/cm2]) 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/HUD 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 M. Please refer to the appendices for the detailed XRF, dust and soil sampling analytical r eports. Testing data in bold face indicates lead levels at or above the EPA Hazardous Levels of Lead regulations that were published on January 5, 2001. e. XRF Lead -Based Paint Testing Results (An actual read out sheet, if the format of report contains all components listed below can be included. Reading Number 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Location' XRF Analytical Sam sling Results for Street. City, State ZIP Side Structure Feature Condition I (intact) D (deteriorated) Substrate Color Result Professional Services Agreement, ITech Environmental Services Inc., Page 24 of 38 Lead (mg/cm2) 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 I See Sketch in Appendix A C-1 Calibration Verify C-2 Calibration Verify C-3 Calibration Verify NIST Film) NIST Film) NIST Film) XRF Calibration Checks Lead Paint Film Standard, 1.0 + .1, (Red NIST Lead Paint Film Standard, 1.0 + .1, (Red NIST Lead Paint Film Standard, 1.0 + .1, (Red NIST Performed by INSERT COMPANY INSERT ADDRESS Professional Services Agreement, ITech Environmental Services Inc., Page 25 of 38 f. Interior Dust Sampling Dust samples must be collected from a window sill and floor area in all rooms of the housing unit where young children will come into contact with dust. A minimum of eight (8) samples should be collected. A total of INSERT # OF DUST WIPES dust wipe samples were collected in an effort to help to determine the levels of lead - containing dust on the interior window sills and floors. These samples were collected from areas most likely to be lead contaminated if lead -in -dust is present. These samples were collected in accordance with the requirements of ASTM Standard E-1728, Standard Practice for Field Collection of Settled Dust Samples Using Wipe Sampling Methods for Lead Determination by Atomic Spectrometry Techniques. EPA, HUD and State of INSERT STATE regulations define the following as hazardous levels for lead dust in residences: floors —>_40 1..ig/ft2 (micrograms per square foot); interior window sills —>_250 µg/ft2. There is no EPA dust -lead hazard standard for window troughs Please refer to Appendix B - Dust Wipe Analytical Results for the laboratory reports and to Appendix I- Lead and Lead Safety Information and Resources for a List of publications and resources addressing lead hazards and their health effects; both are located at the end of this report. As indicated below, a hazardous level of leaded dust, as defined by EPA and HUD, was detected in INSERT # OF SAMPLES sample(S). 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. Type 1 Dust Wipe 2 Dust Wipe 3 Dust Wipe 4 Dust Wipe 5 Dust Wipe 6 Dust Wipe 7 Dust Wipe 8 Dust Wipe 1 Location Laboratory Information: Laboratory Name Dust Wipe Analysis Protocol: Coin onent Sample Size p (ft2) Dust Wipe medium used: National Lead Laboratory Accreditation Program Serial number: Sample Location Test Results (µg/ft) Street Address City, State ZIP EPA Method XX000, 0000, implementing XXXXXXXXX XXXXXX XXXXX XXXXX Lead -Wipes, ASTM # X0000-00agq #000000 Professional Services Agreement, ITech Environmental Services Inc., Page 26 of 38 g• Soil Sampling and Laboratory Information INSERT # OF SOIL SAMPLES soil samples were collected at this residence in accordance with the requirements of ASTM Standard 1--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 refei 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 Composite Composite Location Laboratory Information: Comments Test Results (µgig) Laboratory Name Street Address City, State ZIP Soil Analysis Protocol: EPA Method SW846, 7420, implementing a microwave - assisted digestion process. National Lead Laboratory Accreditation #000000 Program Serial number: Professional Services Agreement, ITech Environmental Services Inc., Page 27 of 38 10. Lead -Based Paint Hazard Control Options Lead abatement, interim controls, lead -safe work practices and worker/occupant protection practices complying with current EPA, HUD and OSHA standards will be necessary to safely complete all work involving the disturbance of LBP coated surfaces and components. In addition, any work considered lead hazard control will enlist the use of interim control (temporary) methods and/or abatement (peiuianent) methods. It should be noted that all lead hazard control activities have the potential of creating additional hazards or hazards that were not present before. Properly trained and certified persons, as well as properly licensed firms (as mandated) should accomplish all abatement/interim control activities conducted at this residence. Details for the listed lead hazard control options and issues surrounding occupant/worker protection practices can be found in the publication entitled: Guidelines for the Evaluation and Control of LBP Hazards in Housing published by HUD, the Environmental Protection Agency (EPA) lead -based paint regulations and the Occupational Safety and Health Administration (OSHA) regulations found in its Lead in Construction Industry Standard. Interim controls, as defined by HUD, means a set of measures designed to temporarily reduce human exposure to LBP hazards and/or lead containing materials. These activities include, but are not limited to: component and/or substrate stabilization, paint and varnish stabilization, and tilling and placement of appropriate ground cover over bare soil areas. Abatement, as defined by HUD, means any set of measures designed to peiuianently 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 peiuianent enclosure of LBP with construction materials; the encapsulation of LBP with approved products; and the removal or permanent covering (concrete or asphalt) of soil -lead hazards. Professional Services Agreement, ITech Environmental Services Inc., Page 28 of 38 11. Appendices CLIENT #: XXXXXXXX CLIENT: COMPANY ADDRESS: Street City, State ZIP PO #: N/A Appendix A Dust Sample Data Name of Laboratory Street Address City, State ZIP Phone Number Fax Number (List Lab Accreditations) LABORATORY ANALYSIS REPORT Lead Analysis by EPA 0000X/0000 Method PROJECT NAME• City of ANYTOWN JOB LOCATION: Street, City, State ZIP ALI Sample Client No Sample No. QC — 18081 QC-18081 QC — 18081 QC— 18081 QC-18081 Sample Description 10.0 ppm Calibration Std 200 µg spike 5.0 ppm Calibration Std Blank NIST 2710 Standard ANALYST' XXXXX Total No. of Pages in Report: 1 DATE COLLECTED: 00/00/0000 DATE RECEIVED: 00/00/0000 DATE ANALYZED: 00/00/0000 DATE REPORTED: 00/00/0000 SAMPLE TYPE: WIPE Sample Area (ft2) Dilution Factor Total Lead (µg)" REVIEWED BY: XXXXXX Lead Concentration (µg/ft2) Minimum Reporting Limit: 20 erg Total Lead Effective 3/6/01, EPA Lead Hazard Standards: 40 pg/ft2 for floors and 250 ,g/ft2for interior window sills, 400 pg/ft'for window troughs. Industrial projects may have limits established per project. *For true values, assume two (2) significant figures. Professional Services Agreement, ITech Environmental Services Inc., Page 29 of 38 Appendix B Soil Sample Data Name of Laboratory Sti eet Address City, State ZIP Phone Number Fax Number (List Lab Accreditations) LABORATORY ANALYSIS REPORT Lead Analysis by EPA 0000X/0000 Method CLIENT #: XX CL11-NT: COMPANY ADDRESS: Street City, State ZIP PO #: N/A PROJECT NAME• City of ANYTOWN JOB LOCATION: Street, City, State AIP ALI Sample No QC — 14669 QC — 14669 QC — 14669 QC — 14669 QC — 14669 Client Sample No. Sample Description 10.0 ppm Calibration Std 200 µg spike 5.0 ppm Calibration Std Blank NIST 2710 Standard ANALYST: XXXXX XXXXX Total No. of Pages in Report: 1 Sample Wt (mg) DATE COLLECTED: 00/00/0000 DATE RECEIVED: 00/00/0000 DATI• ANALYZED: 00/00/0000 DATE REPORTED: 00/00/0000 SAMPLE TYPF• SOIL Dilution Factor REVTFWED BYXXXXX Total Lead (µg)' Lead Concentrate on (% by wt) Lead Conc (PPm) Minimum Reporting Limit: 20 ,ug Total Lead. Effective 3/6/01, EPA Lead Hazard Standards: 40 ,ug/ft2 for floors and 250 ,ug/ft2for interior window sills, 400 ,ug/ft2for window troughs. Industrial projects may have limits established per project. *For true values, assume two (2) significant figures. Professional Services Agreement, ITech Environmental Services Inc., Page 30 of 38 Appendix C Site and Floor Plan Site and Floor Plan Insert site and floor plans indicating the locations of XRF testing, soil lead and dust lead sampling performed at this property. Should include directional reference and a legend for any notations made with the sketch. Professional Services Agreement, ITech Environmental Services Inc , Page 31 of 38 Appendix D Risk Assessor License and Certification Copy of Risk Assessor's License/Certification NOTE: In this age of electronic alteration and reproduction, HUD encourages all lead -based paint professionals to give serious consideration to the issue of whether they wish to attach photocopies of their certification(s) or license(s). INSERT COPY OF STATE/EPA RISK ASSESSOR LICENSE/CERTIFICATION. Professional Services Agreement, ITech Environmental Services Inc., Page 32 of 38 Appendix E Firm's Lead Activity License/Certification Copy of Firm's Lead Activity License/Certification INSERT COPY OF FIRM'S LEAD ACTIVITY LICENSE/CERTIFICATION Professional Services Agreement, ITech Environmental Services Inc., Page 33 of 38 Appendix F XRF Training Certificate and Performance Characteristic Sheet Copy of XRF Training Certificate and XRF Performance Characteristic Sheet INSERT COPY OF XRF TRAINING CERTIFICATE. INSERT PCS. (IF MORE THAN ONE XRF MODEL WAS USED, INSERT THE PCS FOR EACH) Professional Services Agreement, ITech Environmental Services Inc., Page 34 of 38 Appendix G "LEAD SPEAK:" a brief glossary Abatement: A measure or set of measures designed to permanently eliminate lead -based paint hazards or lead -based paint. Abatement strategies include the removal of lead -based paint enclosure encapsulation, replacement of building components coated with lead -based paint, removal of lead contaminated dust, and removal of lead contaminated soil or overlaying of soil with a durable covering such as asphalt (grass and sod are considered interim control measures). All of these strategies require preparation; cleanup; waste disposal; post -abatement clearance testing, recordkeeping; and, if applicable, monitoring. (For full EPA definition, see 40 CFR 745.223). Bare soil: Soil not covered with grass, sod, some other similar vegetation, or paving, including the sand in sandboxes. Chewable surface: An interior or exterior surface painted with lead -based paint that a young child can mouth or chew. A chewable surface is the same as an "accessible surface" as defined in 42 U.S.C. 4851b(2). Hard metal substrates and other materials that cannot be dented by the bite of a young child are not considered chewable. Deteriorated paint: Any paint coating on a damaged or deteriorated surface or fixture, or any interior or exterior lead -based paint that is peeling, chipping, blistering, flaking worn, chalking, alligatoring, cracking or otherwise becoming separated from the substrate. Dripline/foundation area: The area within 3 feet out from the building wall and surrounding the perimeter of a building Dust -lead hazard: Surface dust in residences that contains an area or mass concentration of lead equal to or in excess of the standard established by the EPA under Title IV of the Toxic Substances Control Act. EPA standards for dust -lead hazards, which are based on wipe samples, are published at 40 CFR 745.65(b); as of the publication of this edition of these Guidelines, these are 40 µg/ft2 on floors and 250 1.1g/ft2 on interior windowsills. Also called lead -contaminated dust. Friction surface: Any interior or exterior surface, such as a window or stair tread, subject to abrasion or friction. Garden area: An area where plants are cultivated for human consumption or for decorative purposes. Impact surface& An interior or exterior surface (such as surfaces on doors) subject to damage by repeated impact or contact. Interim controls: A set of measures designed to temporarily reduce human exposure or possible exposure to lead -based paint hazards Such measures include, but are not limited to, specialized cleaning, repairs, maintenance, painting, temporary containment, and the establishment and operation of management and resident education programs Monitoring, conducted by owners and reevaluations, conducted by professionals, are integral elements of interim control. Interim controls include dust removal; paint film stabilization; treatment of friction and impact surfaces; installation of soil coverings, such as grass or sod; and land use controls Interim controls that disturb painted surfaces are renovation activities under EPA's Renovation, Repair and Painting Rule Professional Services Agreement, ITech Environmental Services Inc., Page 35 of 38 Lead -based paint: Any paint, varnish shellac, or other coating that contains lead equal to or greater than 1.0 mg/cm2 as measured by XRF or laboratory analysis, or 0.5 percent by weight (5000 mg/g, 5000 ppm, or 5000 mg/kg) as measured by laboratory analysis (Local definitions may vary.) Lead -based paint hazard. A condition in which exposure to lead from lead contaminated dust, lead contaminated soil or deteriorated lead -based paint would have an adverse effect on human health (as established by the EPA at 40 CFR 745.65, under Title IV of the Toxic Substances Control Act) Lead - based paint hazards include, for example, paint -lead hazards, dust -lead hazards, and soil -lead hazards. Paint -lead hazard: Lead -based paint on a friction surface that is subject to abrasion and where a dust - lead hazard is present on the nearest horizontal surface underneath the friction surface (e.g. the window sill, or floor); damaged oii 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, of property 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. Professional Services Agreement, ITech Environmental Services Inc., Page 36 of 38 Appendix H Additional Lead and Lead Safety Resource Data KEY UNITS OF MEASUREMENT Gram (g or gm): A unit of mass in the metric system. A nickel weighs about 1 gram, as does a 1 cube of water 1 centimeter on each side. A gram is equal to about 35/1000 (thirty-five thousandths of an ounce). Another way to think of this is that about 28.4 grams equal 1 ounce. µg (microgram)* A microgram is 1/1000th of a milligram. To put this into perspective, a penny weighs 2 grams. To get a microgram, you would need to divide the penny into 2 million pieces. A microgram is one of those two million pieces. µg/dL (microgram per deciliter): used to measure the level of lead in children's and worker's blood to establish whether intervention is needed. A deciliter is a little less than a half a cup. µg/ft2 (micrograms per square feet) the unit used to express levels of lead in dust samples. All reports should report levels of lead in dust in µg/ft2. mg/cm2 (milligrams per square centimeter): used to report levels of lead in paint thru XRF testing. ppm (parts per million) Typically used to express the concentrations of lead in soil. Can also be used to express the amount of lead in a surface coating on a mass concentration basis. This measurement can also be shown as: µg/g, mg/kg or mg/I. 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 (mav be determined in either of two ways) • Surface concentration (mass of lead per area) • Bulk concentration (mass of lead per volume) 1.0 µg/cm2 0.5%, 5000 Rig, or 5000 ppm Dust -thresholds for Lead -Contamination • Floors 40 µg/ft2 • Interior Window Sills 250 µg/ft2 • Window Troughs (clearance examination only) 400 µg/ft2 Soil -thresholds for Lead Contamination • Play areas used by children under age 6 • Other areas 400 µg/g, or 400 ppm 1200 µgig, or 1200 ppm Professional Services Agreement, ITech Environmental Services Inc., Page 37 of 38 Appendix I Resources for additional information on lead -based paint and lead -based paint hazards 1. National Lead information Center d Clearinghouse: 1-800 424 LEAD www.epa gov/lead/pubs/nlic.htm 2. Centers for Disease Control and Prevention Lead Program: www.cdc.gov/lead Toll -free CDC Contact Center: 800-CDC-INFO; 1"lY 888-232-6348 CONSUMER PRODUCT SAFETY COMMISSION www. cps c. gov Toll -free consumer hotline: 1-800-638-2772; TTY 301-595-7054 3. Environmental Protection Agency Lead Program: www.epa.gov/lead 202-566-0500 HUD OFFICE OF HEALTHY HOMES AND LEAD HAZARD CONTROL: www.hud.gov/offices/lead 202-402-7698 4. Anv state Department of Health and Environment, Lead Poisoning Prevention Program depthealth.state.an/lead/ Hearing- or speech -challenged individuals may access the federal agency numbers above through TTY by calling the toll -free Federal Relay Service at 800-877-8339; see also http://www.federalrelay.us/tty. Professional Services Agreement, ITech Environmental Services Inc , Page 38 of 38 10/21/2015 M&C - Council Agenda City of Fort Worth, Texas a or an ouncil ommunication DATER Tuesday, October 20, 2015 LOG NAME: 13P15-0252 LEAD PAINT DB SUBJECT: Authorize Execution of Nonexclusive Contracts with iTech Environmental Services, Inc., and EnviroQuest Inc., for Lead -Based Paint Inspection and Risk Assessment Services for the Neighborhood Services Department in a Combined Amount Not to Exceed $200,000.00 for the First Year (ALL COUNCIL DISTRICTS) REFERENCE NO.: **C-27508 RECOMMENDATION: It is recommended that the City Council authorize nonexclusive contracts with iTech Environmental Services, Inc., and EnviroQuest Inc., for lead -based paint inspection and risk assessment services for the Neighborhood Services Department in a combined amount not to exceed $200,000.00 for the first year. DISCUSSION: The City of Fort Worth (City) will use these contracts to purchase lead -based paint inspection and risk assessment services for residential units in accordance with all state and federal regulations established by the Environmental Protection Agency, the United States Department of Housing and Urban Development, and the State of Texas. Two firms were selected to provide the City with sufficient coverage to avoid a backlog of inspections and assessments. Work orders will be issued on a rotational basis for the two Contractors based on inspection completions and Contractor availability. On June 10, 2014 (M&C G-18238), the City accepted a $2,400,000.00 grant for its Lead -Safe Program from the United States Department of Housing and Urban Development (HUD) under its Lead Hazard Reduction Demonstration Grant Program and a $400,000.00 Healthy Homes supplemental grant to perform inspections and repairs. At the same time, the City Council also authorized $500 000.00 in Community Development Block Grant funds as direct match as required by HUD for the grant. The purpose of the City's Lead -Safe Program is to assess, treat and control lead based paint hazards in City housing units built prior to 1978 or in which children under the age of six reside or visit. The program provides a lead inspection/risk assessment of housing units and blood tests for children under six years of age. The grant also pays for lead abatement in eligible properties including replacement of windows, doors and exterior siding, and removal of contaminated dust. The Healthy Homes supplemental grant pays for the inspection and repairs to properties eligible under the Lead Hazard Reduction Grant to ensure that housing stock is safe for those who are particularly vulnerable to lead contamination such as children and the elderly. The performance period for this grant is December 15 2014 through December 14, 2017 The program is limited to home owners earning at or below 80 percent of area median income as established by HUD annually The grant requires that priority be given to housing units where a child under the age of six with an elevated blood lead level resides or visits. RFP ADVERTISEMENT - A Request for Proposals (RFP) was advertised in the Fort Worth Star-Telearam on Wednesdays between June 24, 2015 and July 23, 2015, with detailed specifications for lead -based paint inspection and risk assessment services. The evaluation factors included methodology and approach to the project, demonstrated experience of the firm, personnel qualifications, ability to provide timely response and cost of inspections. Seventeen vendors were solicited from the purchasing vendor database system and eight responses were received. The proposals received were reviewed by an evaluation committee consisting of Staff from the Neighborhood Services Department. The proposals received from iTech Environmental Services, Inc., and EnviroQuest Inc., were found to provide the best value to the City. http://apps.cfwnet.org/ecouncil/prmtmc.asp?id=21448&print=true&DocType=Print 1/2 10/21/2015 M&C - Council Agenda PRICE ANALYSIS — The prices offered for the inspection services are 63 percent lower than the average cost of a lead inspection according to Environmental Protection Agency statistics. No guarantee was made that a specific amount of services would be purchased However, the City will spend a maximum of $200,000.00 during the first year of these contracts. CONTRACT TERMS - Upon City Council's approval, the contracts will begin October 21, 2015 and expire on December 14, 2017 to coincide with the end of the grant performance period, with the understanding that the City will have the right to terminate the contracts at any time after October 20, 2016, if sufficient funds are not subsequently appropriated to pay for services after that date. M/WBE OFFICE - A waiver of the goal for MBE/SBE subcontracting requirements was requested by the Purchasing Division and approved by the M/WBE Office, in accordance with the BDE Ordinance, because the purchase of goods or services is from sources where subcontracting or supplier opportunities are negligible. FISCAL INFORMATION / CERTIFICATION: The Fiscal Year 2015 Budget included appropriations of $1,004,500.00 in the Lead Hazard Reduction Demonstration Grants Fund for contractual services. To date $11 720.00 of those appropriations have been expended. Upon approval of this recommendation the Financial Management Services Director certifies that funds are available within the existing appropriations for this expenditure. FUND IDENTIFIERS (FIDsl: TO Fund Department lAccount ID FROM Fund Project ID Department ickccountl' Project ID ID CERTIFICATIONS: Submitted for City Manager's Office bv: Originating Department Head: Additional Information Contact: Progratctivityj Budget Year Prograrttivityj Budget Year Fernando Costa (6122) Aaron Bovos (8517) Jack Dale (8357) Doris Brent (2058) ATTACHMENTS 1. EPLS EnviroQuest.pdf (CFW Internal) 2. EPLS (Tech Environental.Ddf (CFW Internal) 3. GR76 539120 017206715020.Ddf (CFW Internal) 4. Requistion HOECD-15-00309729.pdf (CFW Internal) 5. Waiver 15-0252.odf (CFW Internal) Reference # (Chartfield 2) Reference # (Chartfield 2) Amount Amount http://apps.cfwnet.org/ecouncil/pnntmc.asp?id=21448&print=true&DocType=Print 2/2