HomeMy WebLinkAboutLead Tech Environmental - by Steven Denzler and Alison Travers - 2013-04-01PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
LEAD TECH ENVIRONMENTAL
FOR
LEAD BASE PAINT INSPECTION SERVICES
THIS AGREEMENT ("Agreement") is made and entered into by and between the City of
Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as
"CITY," and LEAD TECH ENVIRONMENTAL, a CALIFORNIA CORPORATION
hereinafter referred to as "CONSULTANT."
WHEREAS, CITY desires to engage the services of a consultant to PROVIDE LEAD
BASE PAINT INSPECTION SERVICES; and
Pursuant to documentation on file in the office of the City Clerk, the provisions of the
Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service
contracts have been complied with; and
CONSULTANT has been selected to perform these services,
NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows:
1. SCOPE OF SERVICES
CONSULTANT shall provide all services as described in Exhibit "A," which is
attached hereto and incorporated into this Agreement by this reference. These services shall
sometimes hereinafter be referred to as the "PROJECT."
CONSULTANT hereby designates STEVE DENZLER who shall represent it and
be its sole contact and agent in all consultations with CITY during the performance of this
Agreement.
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2. CITY STAFF ASSISTANCE
CITY shall assign a staff coordinator to work directly with CONSULTANT in the
performance of this Agreement.
3. TERM; TIME OE PERFORMANCE
Time is of the essence of this Agreement. The services of CONSULTANT are to
commence on Y/ , 20 IJ (the "Commencement Date"). This Agreement
shall automatically terminate three (3) years from the Commencement Date, unless extended or
sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no
later than 3 YEARS from the Commencement Date. The time for performance of the tasks
identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be
amended to benefit the PROJECT if mutually agreed to in writing by CITY and
CONSULTANT.
In the event the Commencement Date precedes the Effective Date,
CONSULTANT shall be bound by all terms and conditions as provided herein.
4. COMPENSATION
In consideration of the performance of the services described herein, CITY agrees
to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B,"
which is attached hereto and incorporated by reference into this Agreement, a fee, including all
costs and expenses, not to exceed ANNUALLY FIVE THOUSAND Dollars ($5,000).
5. EXTRA WORK
In the event CITY requires additional services not included in Exhibit "A" or
changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such
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work only after receiving written authorization from CITY. Additional compensation for such
extra work shall be allowed only if the prior written approval of CITY is obtained.
6. METHOD OF PAYMENT
CONSULTANT shall be paid pursuant to the terms of Exhibit "E."
7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS
CONSULTANT agrees that title to all materials prepared hereunder, including,
without limitation, all original drawings, designs, reports, both field and office notices,
calculations, computer code, language, data or programs, maps, memoranda, letters and other
documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY
upon expiration or termination of this Agreement or upon PROJECT completion, whichever
shall occur first. These materials may be used by CITY as it sees fit.
8. HOLD HARMLESS
CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless
CITY, its officers, elected or appointed officials, employees, agents and volunteers from and
against any and all claims, damages, losses, expenses, judgments, demands and defense costs
(including, without limitation, costs and fees of litigation of every nature or liability of any kind
or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's
subcontractors, if any) negligent (or alleged negligent) performance of this Agreement or its
failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its
officers, agents or employees except such loss or damage which was caused by the sole
negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole
cost and expense and CITY shall approve selection of CONSULTANT's counsel. This
indemnity shall apply to all claims and liability regardless of whether any insurance policies are
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applicable. The policy limits do not act as limitation upon the amount of indemnification to be
provided by CONSULTANT.
9. PROFESSIONAL LIABILITY INSURANCE
CONSULTANT shall obtain and furnish to CITY a professional liability
insurance policy covering the work performed by it hereunder. This policy shall provide
coverage for CONSULTANT's professional liability in an amount not less than One Million
Dollars ($1,000,000.00) per occurrence and in the aggregate. The above -mentioned insurance
shall not contain a self -insured retention without the express written consent of CITY; however
an insurance policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A
claims -made policy shall be acceptable if the policy further provides that:
A. The policy retroactive date coincides with or precedes the initiation of the
scope of work (including subsequent policies purchased as renewals or
replacements).
B. CONSULTANT shall notify CITY of circumstances or incidents that
might give rise to future claims.
CONSULTANT will make every effort to maintain similar insurance during the
required extended period of coverage following PROJECT completion. If insurance is
terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision
of at least two (2) years to report claims arising from work performed in connection with this
Agreement.
If CONSULTANT fails or refuses to produce or maintain the insurance required
by this section or fails or refuses to furnish the CITY with required proof that insurance has been
procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to
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forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be
paid for its time and materials expended prior to notification of termination. CONSULTANT
waives the right to receive compensation and agrees to indemnify the CITY for any work
performed prior to approval of insurance by the CITY.
10. CERTIFICATE OF INSURANCE
Prior to commencing performance of the work hereunder, CONSULTANT shall
furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the
foregoing insurance coverage as required by this Agreement; the certificate shall:
A. provide the name and policy number of each carrier and policy;
B. state that the policy is currently in force; and
C. shall promise that such policy shall not be suspended, voided or canceled
by either party, reduced in coverage or in limits except after thirty (30)
days' prior written notice; however, ten (10) days' prior written notice in
the event of cancellation for nonpayment of premium.
CONSULTANT shall maintain the foregoing insurance coverage in force until the
work under this Agreement is fully completed and accepted by CITY.
The requirement for carrying the foregoing insurance coverage shall not derogate
from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in
this Agreement. CITY or its representative shall at all times have the right to demand the
original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely
manner, the premiums on the insurance hereinabove required.
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11. INDEPENDENT CONTRACTOR
CONSULTANT is, and shall be, acting at all times in the performance of this
Agreement as an independent contractor herein and not as an employee of CITY.
CONSULTANT shall secure at its own cost and expense, and be responsible for any and all
payment of all taxes, social security, state disability insurance compensation, unemployment
compensation and other payroll deductions for CONSULTANT and its officers, agents and
employees and all business licenses, if any, in connection with the PROJECT and/or the services
to be performed hereunder.
12. TERMINATION OF AGREEMENT
All work required hereunder shall be performed in a good and workmanlike
manner. CITY may terminate CONSULTANT's services hereunder at any time with or without
cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement
by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as
provided herein. In the event of termination, all finished and unfinished documents, exhibits,
report, and evidence shall, at the option of CITY, become its property and shall be promptly
delivered to it by CONSULTANT.
13. ASSIGNMENT AND DELEGATION
This Agreement is a personal service contract and the work hereunder shall not be
assigned, delegated or subcontracted by CONSULTANT to any other person or entity without
the prior express written consent of CITY. If an assignment, delegation or subcontract is
approved, all approved assignees, delegates and subconsultants must satisfy the insurance
requirements as set forth in Sections 9 and 10 hereinabove.
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14. COPYRIGHTS/PATENTS
CITY shall own all rights to any patent or copyright on any work, item or material
produced as a result of this Agreement.
15. CITY EMPLOYEES AND OFFICIALS
CONSULTANT shall employ no CITY official nor any regular CITY employee
in the work performed pursuant to this Agreement. No officer or employee of CITY shall have
any financial interest in this Agreement in violation of the applicable provisions of the California
Government Code.
16. NOTICES
Any notices, certificates, or other communications hereunder shall be given either
by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to
CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage
prepaid, and depositing the same in the United States Postal Service, to the addresses specified
below. CITY and CONSULTANT may designate different addresses to which subsequent
notices, certificates or other communications will be sent by notifying the other party via
personal delivery, a reputable overnight carrier or U. S. certified mail -return receipt requested:
TO CITY:
City of Huntington Beach
ATTN: Bob Hall
2000 Main Street
Huntington Beach, CA 92648
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TO CONSULTANT:
Steve Denzler
2348 Camino Robledo
Carlsbad, CA 92009
17. CONSENT
When CITY's consent/approval is required under this Agreement, its
consent/approval for one transaction or event shall not be deemed to be a consent/approval to
any subsequent occurrence of the same or any other transaction or event.
18. MODIFICATION
No waiver or modification of any language in this Agreement shall be valid
unless in writing and duly executed by both parties.
19. SECTION HEADINGS
The titles, captions, section, paragraph and subject headings, and descriptive
phrases at the beginning of the various sections in this Agreement are merely descriptive and are
included solely for convenience of reference only and are not representative of matters included
or excluded from such provisions, and do not interpret, define, limit or describe, or construe the
intent of the parties or affect the construction or interpretation of any provision of this
Agreement.
20. INTERPRETATION OF THIS AGREEMENT
The language of all parts of this Agreement shall in all cases be construed as a
whole, according to its fair meaning, and not strictly for or against any of the parties. If any
provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be
unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining
covenants and provisions of this Agreement. No covenant or provision shall be deemed
dependent upon any other unless so expressly provided here. As used in this Agreement, the
masculine or neuter gender and singular or plural number shall be deemed to include the other
whenever the context so indicates or requires. Nothing contained herein shall be construed so as
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to require the commission of any act contrary to law, and wherever there is any conflict between
any provision contained herein and any present or future statute, law, ordinance or regulation
contrary to which the parties have no right to contract, then the latter shall prevail, and the
provision of this Agreement which is hereby affected shall be curtailed and limited only to the
extent necessary to bring it within the requirements of the law.
21. DUPLICATE ORIGINAL
The original of this Agreement and one or more copies hereto have been prepared
and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of
the date of its execution and delivery, be deemed an original. Each duplicate original shall be
deemed an original instrument as against any party who has signed it.
22. IMMIGRATION
CONSULTANT shall be responsible for full compliance with the immigration
and naturalization laws of the United States and shall, in particular, comply with the provisions
of the United States Code regarding employment verification.
23. LEGAL SERVICES SUBCONTRACTING PROHIBITED
CONSULTANT and CITY agree that CITY is not liable for payment of any
subcontractor work involving legal services, and that such legal services are expressly outside
the scope of services contemplated hereunder. CONSULTANT understands that pursuant to
Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for
CITY; and CITY shall not be liable for payment of any legal services expenses incurred by
CONSULTANT.
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24. ATTORNEY' S FEES
In the event suit is brought by either party to construe, interpret and/or enforce the
terms and/or provisions of this Agreement or to secure the performance hereof, each party shall
bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its
attorney's fees from the nonprevailing party.
25. SURVIVAL
Terms and conditions of this Agreement, which by their sense and context survive
the expiration or termination of this Agreement, shall so survive.
26. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the laws of
the State of California.
27. SIGNATORIES
Each undersigned represents and warrants that its signature hereinbelow has the
power, authority and right to bind their respective parties to each of the terms of this Agreement,
and shall indemnify CITY fully for any injuries or damages to CITY in the event that such
authority or power is not, in fact, held by the signatory or is withdrawn.
28. ENTIRETY
The parties acknowledge and agree that they are entering into this Agreement
freely and voluntarily following extensive arm's length negotiation, and that each has had the
opportunity to consult with legal counsel prior to executing this Agreement. The parties also
acknowledge and agree that no representations, inducements, promises, agreements or
warranties, oral or otherwise, have been made by that party or anyone acting on that party's
behalf, which are not embodied in this Agreement, and that that party has not executed this
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Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or
circumstance not expressly set forth in this Agreement. This Agreement, and the attached
exhibits, contain the entire agreement between the parties respecting the subject matter of this
Agreement, and supersede all prior understandings and agreements whether oral or in writing
between the parties respecting the subject matter hereof.
29. EFFECTIVE DATE
This Agreement shall be effective on the date of its approval by the City Attorney.
This Agreement shall expire when terminated as provided herein.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by and through their authorized officers.
CONSULTANT,
LEAD TECH ENVIRONMENTAL
COMPANY NAME
Steve Denzler
By:
7Z lr�'
print name
ITS: (circle one) Chairman/PresidentNice President
om
print name
ITS: (circle on Secretar Chief Financial Officer/Asst.
Secretary — Treasurer
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CITY OF HUNTINGTON BEACH,
a municipal corporation of the State of
California
*OW
Director/Chief
(Pursuant To HBMC §3. 03.100)
APPROVED AS TO FORM:
at, � ) -,-� 4 jk�—"
<,zn ity Attorney
Date Y— lo-
EXHIBIT "A"
A. STATEMENT OF WORK: (Narrative of work to be performed)
Consultant shall provide lead base paint inspection services, including duties related to
inspection/risk assessment, project design, project monitoring and clearance testing on single
family and multifamily housing rehabilitation projects on an "as -needed" basis.
Due to the fact that the housing rehabilitation projects are funded with Federal State funds,
Consultant must comply with requirements of the Residential Lead -Based Hazard Reduction Act
of 1992, Title X of the Housing and Community Development Act of 1992.
B. CONSULTANT'S DUTIES AND RESPONSIBILITIES:
Consultant duties and responsiblities shall follow provisions specified in the scope of work
shown in Exhibit A-2.
C. CITY'S DUTIES AND RESPONSIBILITIES:
The city or its Program Administrator shall furnish a request for a lead base paint
inspection (or other services as needed) with the pertinent information needed by the Consultant
for each project assigned.
2. City or its Program Administrator shall provide information to, or respond to questions
from Consultant with regard to project assignments.
D. WORK PROGRAM/PROJECT SCHEDULE:
Consultant shall perform duties and responsibilities according to the schedules and timelines
provided in the scope of work shown in Exhibit A-2.
EXHIBIT A
A-2 "Scope of Work
BACKGROUND AND PROJECT SUMMARY SECTION
Lead Tech Environmental ("LTE") understands the City of Huntington Beach's Scope of work
in the request for proposal regarding lead based paint inspections, risk assessments, lead
screenings, drafting abatement specifications, project monitoring and clearance testing.
LTE performs all lead based paint inspections pursuant to the Housing & Urban Development
("HUD") Guidelines For The Evaluation And Control of Lead -Based Paint Hazards in Housing
1997 edition ("Guidelines") and in accordance with recently revised Guidelines in 2012. Unless
instructed otherwise, LTE inspects and identifies all testing combinations: room equivalents,
components, substrates and the condition and color of the paint. LTE inspection reports
summarize the lead positive components in an easily readable table. We include with our report
copies of the inspector's CDPH certificate, completed XRF calibration sheet, completed CDPH
form 8552, floor plan and all field data.
LTE can confirm receipt of any work orders from the City within 24 hours. We generally strive
to schedule the inspections within 2-4 days of receiving written request provided the residents
are available. Our inspectors are willing to work weekends when necessary.
Our reports have a specific section detailing cost affective abatement recommendations or
interim controls to eliminate or reduce any existing lead hazards found in the inspected unit.
We always attach a copy of the completed CDPH Form 8552 to our report, and forward a copy
to the California Department of Health Services pursuant to CCR Title 17.
1 RISK ASSESSMENT
Generally, 24 CFR Part 35 mandates both a Risk Assessment and lead inspection if the
rehabilitation loan/grant exceeds $5,000. A Risk Assessment is defined as an assessment of a
EXHIBIT A
dwelling to check for the presence of lead -based paint hazards. It includes a visual assessment of
dust, soil and paint and a written report of the results. In essence, the risk assessor tests to see
whether the house contains defective paint and or excessive levels of lead dust on building
components such as floors, window sills, window wells or in soil.
Title 17 of the California Code of Regulations Division 1, Chapter 8 mandates stringent lead dust
limits for floors, window sills, window wells and soil. LTE would first conduct a lead paint
inspection. If we detect positive levels of lead based paint, we would visually examine the
residence for visible paint dust and take requisite dust wipe samples. We will take dust samples
as close as possible to lead positive components in defective condition. In addition, we will take
soil samples in bare soil areas and along the residence's drip line. On average, LTE collects
between 3-6 dust wipe and/or soil samples during a risk assessment.
LTE conducts both the lead inspection and risk assessment at the same time with the results
contained in one hybrid report. The report will denote both the locations of any lead based paint
identified during the inspection as well as identify if any lead hazards exist during the risk
assessment. To determine if a lead hazard exists, LTE takes dust wipe samples and soil samples
which we send to a laboratory accredited by both the American Industrial Hygiene Association
(AIHA) and participates in their ELLPAT testing program for AAS analysis.
Please note, if we do not detect any components coated with lead based paint, LTE will not take
dust wipe samples. The risk assessment would not be necessary if the Residence's interior and
exterior do not contain lead based paint as the Residence is lead free.
As part of our risk assessment, we will interview the residents to determine if any children live in
the structure. Based on the children's use patters, location of lead based paint, condition of the
EXHIBIT A
paint and lead dust levels, LTE will make specific recommendations for either abatement,
interim controls, safe work practices, etc
2. RISK ASSESSMENT LEAD INSPECTION REPORT
Our computer generated report will denote the testing methodology, description of the residence,
location of components tested, identifies all the lead positive components in a separate summary
page and detail whether the dust and or soil samples tested positive for a lead hazard. It also
instructs what needs to be done to eliminate any existing lead hazard and provides cost affective
LBP abatement or management recommendations. There is a computer generated floor plan so
that anyone that reads our report will know which bathroom is 1 or 2 and where to locate the lead
positive components. It also provides some consumer contact information and references some
of the controlling LBP regulations. If we only test the components to be disturbed during
rehabilitation, it is a LBP screening and would not comply with the HUD protocol referenced
above as a true lead inspection of the entire residence. LTE can also include a section with
estimated costs for lead paint abatement or interim controls.
3. LEAD SCREENING TEST & RISK ASSESSMENT
Pursuant to 24 CFR Part 35, only the painted surfaces that will be disturbed during the
rehabilitation need to be inspected for lead based paint. Therefore, LTE can limit its inspection
and or risk assessment to only the areas that will be disturbed rather than the entire residence.
This saves both time and money.
After receiving a copy of the work write up for the residence's rehabilitation project, LTE will
review the general contractor's scope of work and only inspect the areas that will be disturbed
for lead paint. If the loan and or grant exceeds $5,000, LTE will perform a limited risk
assessment in the areas that will be disturbed as well as a lead paint screening. We perform lead
EXHIBIT A
screenings for the following city housing departments: Downey, Bell Gardens, Maywood, Pico
Rivera, Housing Authority, Bell, Paramount, La Mirada, Monterey Park, Rancho Palos Verdes,
and Hawaiian Gardens.
4. LBP HAZARD REDUCTION & ABATEMENT SPECIFICATION
The abatement plan or abatement specification informs lead contractors how to properly contain,
abate and dispose of lead positive components. As a project designer with 15 years of
experience, Mr. Denzler generally drafts all LTE specifications. To draft a proper abatement
specification, Mr. Denzler initially either speaks with the construction specialist or reviews the
rehabilitation scope of work. LTE compares the lead inspection/risk assessment results with the
general rehabilitation scope of work to design an abatement plan/specification that makes sense
for the residence. LTE always recommends the most cost affective means to repair or abate the
lead positive components. After presenting the City and lead contractor with our abatement
plan/specification, LTE generally likes to go on a job walk with the contractor to confirm
everyone is on the same page. Sometimes we suggest that the lead positive components
scheduled for removal should be marked with a specific color of paint to avoid any confusion or
misunderstandings.
Our lead abatement plans/specifications provide the following information: list of key abatement
words and their definitions; listing of all pertinent regulations and other requirements such as
postings, security issue and insurance requirements; pertinent parties involved and monitoring
the project; health and safety issues for both workers and occupants; specific lead based paint
abatement plan for the individual building component by component; clean up requirements;
discusses clearance testing and hazardous waste disposal requirements.
5. ABATEMENT MONITORING
EXHIBIT A
Most of our City Housing Department clients do not require abatement monitoring. However,
LTE does provide this service for the Housing Authority of the City of Los Angeles (HACLA),
and sometimes the CDC. LTE has monitored the abatement of over 20 multifamily buildings for
the HACLA. In this capacity, a DHS certified LBP monitor first confirms the abatement
companies credentials by checking the supervisor and worker DHS certifications, compliance
plan, CAL OSHA documents, etc. The monitor will also check containment set up, worker
personal protective equipment and clothing, clean up procedures, and engineering controls. He
will set up air pumps in the work area and outside the work area to confirm no lead dust is
escaping into the adjacent areas. Throughout the monitoring shift, he will take field notes and
logs of the abatement activity. If required, he can take core samples for hazardous waste
characterization.
6. LEAD PAINT CLEARANCE TEST
LTE conducts clearance testing in accordance with the Housing & Urban Development ("HUD")
Guidelines For The Evaluation And Control of Lead -Based Paint Hazards in Housing revised in
1997 ("HUD Guidelines"). In addition, LTE uses Ghost Wipes for sampling which meet ASTM
E1792 performance requirements. We assign a certified inspector to perform clearance test that
did not perform the actual inspection.
LTE abides by the regulatory lead dust limits for floors, window sills, window wells and soil
samples promulgated it Title 17 of the California Code of Regulations Division 1, Chapter 8 and
The Environmental Protection Agency's Residential Lead Hazard Standards TSCA Section 403.
The purpose of the Clearance Test is to confirm the lead abatement was properly done and that
the Residence was cleaned so that no hazardous levels of lead dust remain in the Residence. In
essence, it confirms the contractor did everything in the lead abatement scope of work and that
EXHIBIT A
the house is safe for occupancy. The clearance test should be performed as soon as the lead
abatement contractor completes the job and performs cleanup. We try to schedule the clearance
exam the same day as the contractor completes the clean up. This avoids the potential for cross
contamination. LTE always waits at least one hour for any and all lead dust particles to settle on
horizontal surfaces.
LTE requires a copy of lead abatement contractor's scope of work prior to visiting the site for
final clearance testing. After reviewing the scope of work, our risk assessor/inspector visits the
site and visually confirms that all the lead abatement work was properly completed.
Subsequently, he/she takes dust wipe samples in the areas that underwent abatement and soil
samples along the Residence's drip line area. We complete a chain a custody form and forward
the samples to a laboratory for atomic absorption spectrometry ("AAS") analysis. The
laboratory is accredited by the American Industrial Hygiene Association (AIHA) and participates
in their ELLPAT testing program for lead.
Unless requested otherwise, we have the laboratory fax us the results of the AAS testing within
24-48 hours of receipt, so that we can notify the City of the results within 72 hours. We review
the laboratory results to determine whether the Residence is safe for occupancy (i.e. that the
sample dust results tested below California DHS regulatory levels).
Depending on the scope of the abatement job, LTE generally takes between 2 and 6 dust wipe
and/or soil clearance samples.
We will provide the City with a clearance report discussing the abatement contractor's scope of
work, whether the work was completed in a professional manner and our sample results to
determine if the work area was properly cleaned. All clearance reports have a floor plan wherein
the sample locations are clearly identified.
EXHIBIT A
C. METHODOLOGY SECTION
For management and coordination purposes, LTE assigns one person as a project manager for
each job. That person is responsible for coordinating all work, performing QAQC and
discussing the project with the City/County representative, general contractor, abatement
contractor, resident, etc. Mr. Denzler is the project manager and is involved with all aspects of
each project from initial assessment to drafting the abatement design and any close out report.
Mr. Denzler is certified in all 4 LBP disciplines.
Generally, LTE request that the City provide us with the name and phone number of the
owner/borrower and address of residence to be inspected and then we schedule the inspection
with them and accommodate their schedules. We explain what we need to do, the time it takes,
etc. The City or Municipality is our client and we will not provide copies of the lead report to
the owners, realtors, contractors, etc. without the prior consent of the city official that ordered the
lead consulting work.
IMPLEMENTATION PLAN FOR SCOPE OF WORK
For accuracy of lead test measurements, we abide by our XRF machine's performance
specifications. Our inspectors use a portable XRF lead based paint Spectrum Analyzer
manufactured by Radiation Monitoring Devices ("RMD") to test for LBP. Our RMD serial
numbers are 1043 and 1918 and our radiation License number is 5835-19. We also have access
to an additional RMD XRF analyzer.
LTE calibrates the XRF pursuant to the manufacturer's specifications and regularly verifies 3
XRF readings against pre determined lead samples produced by the National Institute of
Standards and Testing (MIST) every 4 hours or at the beginning or end of each LBP inspection.
All of these quality control measures produce a 95% confidence level that our XRF readings
EXHIBIT A
accurately reflect the actual level of lead in the tested surfaces. In drafting the reports, we use a
two step process to avoid errors. The lead inspector/assessor for the particular job drafts the
initial report. For QAQC, Mr. Denzler reviews the report and double checks the field data to
confirm all appropriate building components are designated as negative or positive for lead based
paint.
CLEARANCE INSPECTION AND TESTING
LTE's lead assessor first requests a copy of the abatement contractor's scope of work if
we do not already have it. We generally discuss the scope of work with the contractor prior to
visiting the site. The lead assessor will schedule the clearance test with both the abatement
contractor and site resident. We will also notify the City. Upon visiting the site, the inspector
will conducted a visual examination throughout the entire residence to confirm all tasks in the
scope of work was completed in a professional manner. Secondly, the assessor will confirm the
site was properly cleaned. If he detects visible signs of paint dust, ripped polyethylene sheeting
or other indications that the site was not properly cleaned he will call the office. The office will
then notify the City construction specialist that the abatement contractor did not clean the site.
Rather than waste samples, LTE will visually fail the contractor and immediately notify them of
the problem. If the site was properly cleaned, we take dust wipe samples in the work areas and
an adjacent area. We may also take a soil sample. We send the samples and chain of custody
documentation to AmerSci or LA Testing with a spiked sample to confirm lab's accuracy. Once
the lab results are faxed back to our office, the project manager will review the results and draft
the clearance report that states whether the contractor passed or failed the test.
Please note some consulting companies go out of their way to fail the abatement contractor.
They purposely look for any reason to fail the clearance so that they can return for another
EXHIBIT A
clearance. While Lead Tech's first priority is protecting the occupants from lead hazards, we do
not strive to fail the contractor. Sometimes a failed clearance can cause numerous delays which
in turn can cause the owner's a great deal of unnecessary aggravation. An owner that can't use
their bathroom or kitchen for an extra 2-5 days is not uncommon if those areas fail the clearance.
Lead Tech generally speaks with the abatement supervisor and advises him before we drive to
the residence and conduct our clearance. That way, the supervisor can instruct his workers to
clean the work areas one final time before we arrive.
ABATEMENT SPECIFICATION AND PROJECT MONITORING
Mr. Denzler will review the City Construction Specialists scope of work, compare it with our
LBP survey, and draft the abatement specification. If necessary, Mr. Denzler can interact with
the owner, City representative and abatement contractor. Our project monitor will ask for all
abatement contractor submittals prior to job commencement. He will walk the jobsite with the
contractor to confirm everyone understand the scope of work, and that the contractor will abide
by the abatement specification. It is critical that everyone involved is on the same page.
EXHIBIT A
EXHIBIT "B"
Payment Schedule (Hourly Payment)
A. Hourly Rate
CONSULTANT'S fees for such services shall be based upon the following hourly rate and
cost schedule:
(See attached Exhibit B-2 "Fee Schedule -Lead Tech Environmental")
B. Travel Charges for time during travel are not reimbursable.
C. Billiniz
1. All billing shall be done monthl in fifteen (15) minute increments and matched to
an appropriate breakdown of the time that was taken to perform that work and who
performed it.
2. Each month's bill should include a total to date. That total should provide, at a
glance, the total fees and costs incurred to date for the project.
3. A copy of memoranda, letters, reports, calculations and other documentation
prepared by CONSULTANT may be required to be submitted to CITY to
demonstrate progress toward completion of tasks. In the event CITY rejects or has
comments on any such product, CITY shall identify specific requirements for
satisfactory completion.
4. CONSULTANT shall submit to CITY an invoice for each monthly payment due.
Such invoice shall:
A) Reference this Agreement;
B) Describe the services performed;
C) Show the total amount of the payment due;
D) Include a certification by a principal member of CONSULTANT's firm
that the work has been performed in accordance with the provisions of this
Agreement; and
E) For all payments include an estimate of the percentage of work completed.
Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is
making satisfactory progress toward completion of tasks in accordance with this
Agreement, CITY shall approve the invoice, in which event payment shall be made
within thirty (30) days of receipt of the invoice by CITY. Such approval shall not
be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify
CONSULTANT in writing of the reasons for non -approval and the schedule of
performance set forth in Exhibit "A" may at the option of CITY be suspended until
the parties agree that past performance by CONSULTANT is in, or has been
1
Exhibit B
brought into compliance, or until this Agreement has expired or is terminated as
provided herein.
5. Any billings for extra work or additional services authorized in advance and in
writing by CITY shall be invoiced separately to CITY. Such invoice shall contain
all of the information required above, and in addition shall list the hours expended
and hourly rate charged for such time. Such invoices shall be approved by CITY if
the work performed is in accordance with the extra work or additional services
requested, and if CITY is satisfied that the statement of hours worked and costs
incurred is accurate. Such approval shall not be unreasonably withheld. Any
dispute between the parties concerning payment of such an invoice shall be treated
as separate and apart from the ongoing performance of the remainder of this
Agreement.
2
Exhibit B
EXHIBIT "B"
Payment Schedule (Fixed Fee Payment)
1. CONSULTANT shall be entitled to monthly progress payments toward the fixed fee
set forth herein in accordance with the following progress and payment schedules.
2. Delivery of work product: A copy of every memorandum, letter, report, calculation
and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate
progress toward completion of tasks. In the event CITY rejects or has comments on any such
product, CITY shall identify specific requirements for satisfactory completion.
3. CONSULTANT shall submit to CITY an invoice for each monthly progress payment
due. Such invoice shall:
A) Reference this Agreement;
B) Describe the services performed;
C) Show the total amount of the payment due;
D) Include a certification by a principal member of CONSULTANT's firm that
the work has been performed in accordance with the provisions of this
Agreement; and
E) For all payments include an estimate of the percentage of work completed.
Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making
satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall
approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the
invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an
invoice, CITY shall notify CONSULTANT in writing of the reasons for non -approval and the
schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the
parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or
until this Agreement has expired or is terminated as provided herein.
4. Any billings for extra work or additional services authorized in advance and in
writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the
information required above, and in addition shall list the hours expended and hourly rate charged for
such time. Such invoices shall be approved by CITY if the work performed is in accordance with the
extra work or additional services requested, and if CITY is satisfied that the statement of hours
worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any
dispute between the parties concerning payment of such an invoice shall be treated as separate and
apart from the ongoing performance of the remainder of this Agreement.
Exhibit B
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
FOR
Table of Contents
Scopeof Services.....................................................................................................1
CityStaff Assistance................................................................................................2
Term; Time of Performance.....................................................................................2
Compensation..........................................................................................................2
ExtraWork...............................................................................................................2
Methodof Payment..................................................................................................3
Disposition of Plans, Estimates and Other Documents...........................................3
HoldHarmless.........................................................................................................3
Professional Liability Insurance.............................................................................4
Certificate of Insurance............................................................................................5
Independent Contractor............................................................................................6
Termination of Agreement.......................................................................................6
Assignment and Delegation......................................................................................6
Copyrights/Patents...................................................................................................7
City Employees and Officials..................................................................................7
Notices.........................................................................................7
Consent....................................................................................................................8
Modification.............................................................................................................8
SectionHeadings.....................................................................................................8
Interpretation of this Agreement..............................................................................8
DuplicateOriginal....................................................................................................9
Immigration...............................................................................................................9
Legal Services Subcontracting Prohibited................................................................9
Attorney's Fees..........................................................................................................10
Survival.....................................................................................................................10
GoverningLaw.........................................................................................................10
Signatories.................................................................................................................10
Entirety......................................................................................................................10
EffectiveDate................................................................................. I I
Attachment B-2
FEE PROPOSAL
A summary of single familv unit nricing is nrovided in the table below:
ITEMS
SERVICE
SINGLE FAMILY
MOBILE HOME
RESIDENCE PRICE
PRICE
1
Full HUD XFR inspection
$325 including sample
$295 including
& Risk Assessment
costs
samples
including cost effective
repair abatement options
2
Abatement Specification
$150
$100
3
Abatement Monitoring
$55 an hour with 4
$55 an hour with 4
hour minimum
hour minimum
4
Clearance Testing
$160 + $12 a sample
$150 + $12 a sample
not to exceed $200
not to exceed $180
5
Limited Screening
$180
$170
Exterior Only
6
Limited Lead Inspection
$275 including
$250 including
and Risk Assessment less
samples
samples
50% of Residence + cost
effective repair and
abatement options
The price for lead paint testing of multifamily housing properties would depend on the amount of
units, size of the units, age of the building, etc. As an example, LTE would charge a lower rate for
a 10 unit building containing singles with aluminum windows than it would for a 10 unit building
containing 2 bed and 1 bath units with older, wooden windows.
LTE will provide a 5% economy of scale discount when we can schedule more than one City
project on the same day. All the fees denoted above include all travel expenses such as gas and
report generation.
All prices above assume a single family residence no larger than 2,500 square feet.
Abatement Specification Charge: This is for a formal abatement specification that is a separate,
comprehensive document. It is very specific in what the abatement contractor should do, how
they should do it, how they should clean up after the work and deal with hazardous waste, etc. It
mentions all pertinent regulations. Most City Housing Departments do not require abatement
specifications, as they have a short list of licensed, competent abatement companies. Our reports
have a section entitled Abatement Recommendations that provides recommendations on how to
repair or abate the lead positive components we detected during our inspection. Please review
sample report.
OP ID: MB
�....- CERTIFICATE F LIABILITY INSURANCE
DATE (M MIDDIYYYY)
03/14/13
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsements .
PRODUCER 619-908-3100
Snapp & Associates 619-908-3110
Insurance Services, Inc.
438 Camino del Rio So. #112
San Diego, CA 92108
Pat Palmer Insilranne Services
CNAOME:NTACT
PHONE aC No
E-MAIL
ADDRESS:
PRODUCER LEADT-1
INSURERS AFFORDING COVERAGE
NAIC #
INSURED Lead Tech Environmental
Steven Denzler
2348 Camino Robled
Carlsbad, CA 92009
INSURER A:EnduranceAmerican Specialty
INSURER B:
INSURER C :
INSURER D:
NSURER E:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
TYPEOFINSURANCE
ADDLSUBR
POLICY NUMBER
POLICY EFF
POLICY EXPLTR
LIMITS
A
GENERAL LIABILITY
X COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE I OCCUR
X
ECC10100708303
05/05/12
05/05/13
EACH OCCURRENCE
$ 1,000,00
DAMAGE TO -RE=
PREMISES Ea occurrence
$ 50,00
MED EXP (Any one person)
$ 5,00
PERSONAL & ADV INJURY
$ 1,000,00
GENERAL AGGREGATE
$ 2,000,00
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY PRO LOC
PRODUCTS - COMP/OP AGG
$ 2,000,00
$
A
AUTOMOBILE
LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIREDAUTOS
NON -OWNED AUTOS
ECC10100708303
05/05/12
05/06/13
COMBINED SINGLE LIMIT
(Ea accident)
$ 1,000,00
BODILY INJURY (Per person)
$
BODILY INJURY (Per accident)
$
PROPERTY DAMAGE
(Per accident)
$
X
X
$
UMBRELLA LAB
EXCESS LAB
HOCCUR
CLAIMS -MADE
EACH OCCURRENCE
$
AGGREGATE
$
DEDUCTIBLE
RETENTION $
$
$
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY YIN
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED? ❑
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
N I A
WCSTATU% OTH-
T Y LI ITS ER
E.L. EACH ACCIDENT
$
E.L. DISEASE - EA EMPLOYE
$
E.L. DISEASE -POLICY LIMIT
$
A
A
Professional Liab
Pollution
ECC10100708303
ECC10100708303
05/05/12
05/05/12
05/05/13_.
05/05/13
Poll/Prof 1,000,00
DESCRIPTION OF OPERATIONS/ LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is requiredA P ' VED - I O e`O h10
RE: Operations of the named insured subject to the terms and conditions of IFER w- AzyornD
the policy. Certificate holders are named as additional insured per the
attached endorsement. 10" days notice of cancellation in the event of
nonpayment of premium/30days notice of cancellation. B
Economic Development Dept
City of Huntington Beach
2000 Main Street
Huntington Beach, CA92648
ECONOCD
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE, EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
U 1Ubb-LUUU At.:UKU t,U11t'L)"I lUIN. All fly nu rCserveu.
ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD
Lead Tech Environmental
Endorsement Number: 5
Automatic Additional Insured ® Owners, Lessees or Contractors
This endorsement, effective 5/5/2012 attaches to and forms a part of Policy Number
ECC101007083-03. This endorsement changes the Policy. Please read it carefully.
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
CONTRACTORS POLLUTION LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization:
Any person(s) or organization(s) whom the Named Insured agrees, in a
written contract, to name as an additional insured. However, this status
exists only for the project specified in that contract.
The person or organization shown in this Schedule is included as an insured, but
only with respect to that person's or organization's vicarious liability arising out
of your ongoing operations performed for that insured.
FEI-319-ECC-0708
POLICYHOLDER COPY
SC
P.O. BOX 8192, PLEASANTON, CA 94588
CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
ISSUE DATE: 03-14-2013
CITY OF HUNTINGTON BEACH SC
2000 MAIN ST
HUNTINGTON BEACH CA 92848-2702
GROUP:
POLICY NUMBER: 1698984-2013
CERTIFICATE ID: 99
CERTIFICATE EXPIRES: 01-01-2014
01-01-2013/01-01-2014
This is to certify that we have issued a valid Workers' Compensation insurance policy in a torm approved by the
California Insurance Commissioner to the employer named below for the policy period indicated.
This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer,
We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration.
This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded
by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document
with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance
afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy.
1 ' `Iroas L
Authorized Representative President and CEO
EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE.
ENDORSEMENT #1600 - STEVEN DENZLER PRES,SEC,TRE - EXCLUDED.
ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 01-01-2004 IS
ATTACHED TO AND FORMS A PART OF THIS POLICY.
EMPLOYER
LEAD TECH ENVIRONMENTAL Sc
2348 CAMINO ROBLEDO
CARLSBAD CA 92009
IP18,SC]
(REV. 1.201M PRINTED : 03-14-2013
of Gaiflomoa Department of Public Health
teaO-Related G;g Tgc4-i'
coast?uJC III r 'fir'
CPrt+tmcate kwvv:t�� MOM
Amim won"
,jte <jt ;,Aiitorma Department of Gctv)fic H''.Jitr
{nspectorlAssessor i1/24WI3
r ervisor 11/202013
Project Designer 1112412013
Project Monitor 111 2013
t�ct�g taf Gaaraiyyi os DapSMmot of Public Heafth
OSMSMJ
4
Certification No. 124916
Expires 07/18/13
This certification was issued by the Division of
Occupational Safety and Health as authorized by
Sections 7180 et seq. ct the Bsjsinn
-ss and
Professions Code.
i
Srate of California
rviSioii o4 "ccupationaf Safety and Health
emir wd Asbestos Consultant
Joseph A Somoye
3,araz
Certificaticn into. 92-0402
Expires o09/
29113
rs --
D.i"is;c Of
CJCalixra! Safe., and Heat as Pulriized b
Sacf:115 71E0 et seq. i the 3-u.ire.s and
State of Calif d ent of Public Health
w ,vgn
ism
Esparza, Pagy
From: Bazant, Denise
Sent: Wednesday, May 08, 2013 4:39 PM
To: Esparza, Patty
Subject: RE: Lead Base Paint RFP
Lead Base Paint Bidders
• Aurora Industrial Hygiene, Inc.
Grace M. Rinak
1132 Mission Street, Ste. B
South Pasadena, CA 91030
• Lead Tech Environmental
Steve Denzler
2348 Camino Robledo
Carlsbad, CA 92009
• American Environmental Specialists, Inc.
James F. McClung; Jr.
15183 Springdale
Huntington Beach, CA 92649
• ACC Environmental Consultants, Inc.
Jim Wilson
1055 Wilshire Blvd., Suite 1450
Los Angeles, CA 90017
Thanks for waiting.
Denise Bazant
Economic Development
City of Huntington Beach
2000 Main Street, 5th Floor
Huntington Beach, CA 92648
714-536-5470
dbazant@surfcity-hb.or6
From: Esparza, Patty
Sent: Monday, April 22, 2013 2:47 PM
To: Bazant, Denise
Subject: FW: Lead Base Paint RFP
Hi Denise — when you have a chance will you send me at least the address of the 4 companies
that bidded? Thanks, Patty
From: Esparza, Patty
Sent: Wednesday, April 17, 2013 4:13 PM
To: Bazant, Denise
Subject: RE: Lead Base Paint RFP
1
You are right, but we need the contact info. Sorry about missing that!
From: Bazant, Denise
Sent: Wednesday, April 17, 2013 4:09 PM
To: Esparza, Patty
Cc: Slobojan, Jim
Subject: RE: Lead Base Paint RFP
Patti — it is on the last page of the contract.
Denise Bazant
Economic Development Department
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
714-536-5470 office
dbazant@surfcity-hb.org
From: Esparza, Patty
Sent: Wednesday, April 17, 2013 4:06 PM
To: Bazant, Denise; Slobojan, Jim
Subject: RE: Lead Base Paint RFP
Sorry for the misunderstanding, we need the info only for those responded. Thx, Patty
From: Bazant, Denise
Sent: Wednesday, April 17, 2013 3:20 PM
To: Slobojan, Jim
Cc: Esparza, Patty
Subject: RE: Lead Base Paint RFP
I gave her a list of those that responded. At the beginning to the process I gave you a list of potential bidders. Do you
send to that list?
Thanks, Denise
Denise Bazant
Economic Development Department
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
714-536-5470 office
dbazant@surfcity-hb.org
From: Slobojan, Jim
Sent: Wednesday, April 17, 2013 3:18 PM
To: Bazant, Denise
Cc: Esparza, Patty
Subject: Re: Lead Base Paint RFP
I've always submitted only those that responded.
2