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Lead Tech Environmental - 2026-09-24
PROFESSIONAL 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, 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 Steven Denzler who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 26-18702/425981 1 of 12 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence onSei94-einn bey Z'4 , 20 2(f (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 three(3)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 Fifteen Thousand Dollars ($15,000). 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 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 "B." 26-18702/425981 2 of 12 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 A. 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 applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. B. To the extent that CONSULTANT performs"Design Professional Services"within the meaning of Civil Code Section 2782.8, then the following Hold Harmless provision applies in place of subsection A above: 26-18702/425981 3 of 12 "CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY and its officers, elected or appointed officials, employees, agents and volunteers, from and against any and all claims, damages, losses, expenses, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) to the extent that the claims against CONSULTANT arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT. In no event shall the cost to defend charged to CONSULTANT exceed CONSULTANT's proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more other defendants to the claims and/or litigation is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, CONSULTANT shall meet and confer with CITY and other defendants regarding unpaid defense costs. The duty to indemnify, including the duty and the cost to defend, is limited as provided in California Civil Code Section 2782.8. C. Regardless of whether subparagraph A or B applies, CITY shall be reimbursed by CONSULTANT for all costs and attorney's fees incurred by CITY in enforcing this obligation. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a 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 26-18702/425981 4 of 12 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 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; 26-18702/425981 5 of 12 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. 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 26-18702/425981 6 of 12 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. 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. 26-18702/425981 7 of 12 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: TO CONSULTANT: City of Huntington Beach LEAD TECH ENVIRONMENTAL ATTN: Director of Community ATTN: Steven Denzler Development 2348 Camino Robledo 2000 Main Street Carlsbad, CA 92009 Huntington Beach, CA 92648 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 26-18702/425981 8 of 12 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 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 26-18702/425981 9 of 12 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. 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 26-18702/425981 10 of 12 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 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. 26-18702/425981 11 of 12 CONSULTANT, CITY OF IIUNI'INGTON BEAU I. a municipal corporation of the Slate of I,EAI) TLCII ENVIRONMENTAL California By. 4 I)ireetor/Chief 4r/ lle/I e4 C. 7 (Pursuant To///3,11('§3 0; . ), print nun' APPROVED AS T10 FORM: ITS: (circle one)Chairnn /President/V'•e President AND •,,,,. FA,tyA.NA B ) , / Q1 ? City Attorney Ara,`/1, Diiz/ ( Date 1/Z1/zee pri me ITS: (circle on. Secretary/ lief I nancial Officer/A RFCEIVF, AND 1:11,I';: Secretary-.'treasurer City Clerk I)atc COUNTERPART 26-t8702/a2598t 12 of 1? CONSULTANT, CITY OF HUNTINGTON BEACH, a municipal corporation of the State of LEAD TECH ENVIRONMENTAL California de:i /lit By: Director/Chief (Pursuant To HBMC§3.03.100) print name APPROVED AS TO FORM: ITS: (circle one)Chairman/PresidentNice President AND • f7,t ( By: f City Attorney Date ''/z5/1 oZ6 print name ITS: (circle one)Secretary/Chief Financial Officer/Asst. RECEIVE AND FILE: Secretary-Treasurer . .„.....1,.... 4 ea 4arCity Clerk Date 9 /Z I /ZOZ6 COUNTERPART 26-18702/425981 12 of 12 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) SEE ATTACHED EXHIBIT A B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: C. CITY'S DUTIES AND RESPONSIBILITIES: D. WORK PROGRAM/PROJECT SCHEDULE: EXHIBIT A EXHIBIT A I. STATEMENT OF QUALIFICATIONS A. History & Qualifications Lead Tech Environmental (LTE) was formed in 1994 as an environmental consulting company specializing in working with municipal housing departments. LTE has over twenty-five years of experience in performing lead based paint(LBP) and 20 years of asbestos consulting work ("Environmental Consulting") on residential housing for public agencies. We have an expertise in conducting residential Environmental Consulting and interfacing with homeowners, city loan officers, city construction specialists, abatement contractors and general contractors. Our specialty is residential Environmental Consulting wherein the owner has applied for funds that originated with The Department of Housing and Urban Development (HUD) such as CDBG funds, Home Funds, etc that are subject to 24 CFR Part 35. In addition, we have worked with property owners that need lead paint clearance testing for Section 8 tenants or the County Handyworker program. We perform asbestos consulting work for numerous City rehabilitation loan programs and for County of Los Angeles via the Los Angeles County Development Authority and the Housing Authority for both the City and County of Los Angeles. We understand the dynamics and concerns of everyone involved and do our best to schedule the Environmental Consulting task at a convenient time for the owner or occupant. When requested, we notify the city construction or loan officer of the date of the inspection and provide him/her with verbal results shortly after performing the inspection. LTE knows that only a finite amount of money is available and only recommends the most cost affective interim control or abatement options. LTE has worked with and currently works for over 25 municipal housing departments and economic development departments performing: lead based paint visual inspections, lead paint inspections, lead paint risk assessments, drafting abatement specifications, abatement monitoring and lead hazard clearance testing. Moreover, we also perform similar asbestos consulting work for city and county housing departments. About 70% of LTE's business consists of testing residential structures, both single family and multifamily, for LBP and asbestos per the requirements of a public agency. LTE is one of only two companies that has continually provided Environmental Consulting work for the Los Angeles Housing Department since 1994. We currently perform Environmental Consulting for the following cities: Los Angeles Housing Department, Lynwood, Cudahy, South Gate, Temple City, Downey, Paramount, Hawthorne, Upland, Apple Valley, Mission Viejo, Walnut, Whittier, Rancho Cucamonga, Alhambra, Jurupa Valley, Bell, San Dimas, Huntington Beach, and Los Angeles County Development Authority (LACDA). In addition, LTE works with HACLA for both the City and County of Los Angeles. For HACLA, LTE inspects over 40 apartment units a year for LBP and asbestos. LTE has a streamlined process to ensure a fast response time and the laboratory is put on notice to both expect and test the lead or asbestos samples and fax our office the results promptly so that our office can immediately generate the necessary report. We do not work with clients such as school districts and hospitals that have their own protocols and require a great deal of company resources. As a result, everyone on Lead Tech's staff from inspector to office assistant knows what needs to be done to meet the City's 2 schedules and deadlines. Our inspectors are willing to work on weekends to accommodate a property owner that might work during the week. For emergency work, Lead Tech has performed a lead or asbestos inspection on the same day it was ordered and emailed a report minus any laboratory samples to the city loan officer the same day. We have two XRF machines, 4 certified inspectors, 2 certified monitors, 1 certified project designer and 1 certified CAC asbestos inspector and 2 SSTs to ensure that we meet any deadlines. Please contact any of the public agency references provided in Section VII to confirm all the above. LTE's primary competitive advantage is our expertise and experience. No company bidding on this contract has performed lead-based paint consulting for The City of Los Angeles longer than Lead Tech Environmental. The fact that LTE has continually worked for the LAHD Housing Department since 1994-1995 despite having to submit responses to at least 7 exhaustive RFP's is proof of our ability, professionalism, competitive pricing and timely delivery of work product. We were one of the first companies to provide both LBP and asbestos consulting work for the CDC now called the LACDA. In summary, LTE has performed and currently performs all the Environmental Consulting work required in this RFP on residential structures for over 25 City Housing and or Economic Development Departments. That is our specialty and primary focus and the reason why our company,though smaller than some, offers the requesting agency a proven leader in Environmental Consulting for Los Angeles County public agencies. The City can call our office between 8:00 and 5:00 and speak directly to the company president. LTE does not have levels of bureaucracy. II. SCOPE OF WORK DEFINED AND THE PROCEDURES AND PRICES FOR LEAD BASED PAINT AND ASBESTOS TESTING AND SERVICES A. LEAD-BASED PAINT INSPECTION 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 2012 edition. Our inspectors use two portable XRF LBP Spectrum Analyzers manufactured by Radiation Monitoring Devices ("RMD") now called Protec to test for LBP. We also purchased a Viken XRF machine at the end of 2019. These machines measure the lead content in painted components without disturbing the paint. The LBP analyzers are equipped with 12 mCi cobalt 57 sealed radioactive source. LTE calibrates the XRFs pursuant to the manufacturer's specifications and regularly verified XRF readings against predetermined lead samples produced by the National Institute of Standards and Testing (NIST). All of these quality control measures produce a 95% confidence level that our XRF readings accurately reflect the actual level of lead in the tested surfaces. The HUD Guidelines and the Department of Health Services Title 17 define X-Ray fluorescent analyzer("XRF") measurements greater than or equal to 1.0 mg/cm2 (milligrams per square centimeter) lead positive. However, "If there is a difference between Federal, State, or local regulations, the more stringent requirement must be 3 observed..." HUD Guidelines. For purposes of any lead inspections in Los Angeles County and referencing Chapter 11 of the Los Angeles Department of Health and Human Services Safety Code, LTE considers XRF readings equal to or greater than 0.7 mg/cm2 lead positive. While each house varies, LTE generally takes between 60-100 XRF readings in each house and about 20 exterior readings. It generally takes about two hours to complete. We need access to every room in the house. In comparison, a paint chip sample survey may take a total of 15-20 paint chips. Our report will denote where we tested, whether we detected LBP, the components that tested lead positive and the condition of the paint. It explains LBP testing procedures and provides a brief summary of various lead abatement techniques or options. If requested, we can also provide the City with estimated abatement costs and work with the City's construction specialist in developing an abatement plan. Generally, we request that the City provide us with the name and phone number of the owner/borrower 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. A sample Order Form is attached hereto in Appendix 3. B. RISK ASSESSMENT Generally, 24 CFR Part 35 mandates both a risk assessment and LBP inspection if the rehabilitation loan exceeds $5,000. A Risk Assessment is defined as an assessment of 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 excessive levels of lead dust on building components such as floors, windowsills, window wells or in soil. HUD increased the sample requirements for Risk Assessments in 2012 to include 8 dust wipes, 1 spike sample, and a minimum of 2 soil samples. 1 OCCUPANT INTERVIEW Our inspector will interview the occupants and find out use patterns. The inspector will also inquire about the following: age of any children; whether the children have ever been tested for lead; where children eat, sleep and play; which windows are most often used; where child frequent and play on the exterior; where toys are located; condition of the soil around the house; inquire about any recent renovation; look for any window sill with teeth marks, etc. In total, he asks about 20-25 questions about use patterns, etc. 2. DUST AND SOIL SAMPLES 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 will visually examine the residence for paint dust and take requisite dust wipe samples. As stated, the 4 inspector/assessor will interview the occupants to determine if children are present and to understand the occupants' use patterns. Based on the answers and the results of our lead XRF inspection, the inspector will take 9 dust wipes and 2 soil samples. The wipes will be taken from interior floors and window sills that have the most exposure to children, and that have the highest lead paint readings. The soil samples are generally taken from the dripline, unless we detect a bare soil near play equipment or play areas. LTE will merge the LBP inspection report and risk assessment into one hybrid report. Two of our LBP technicians are bilingual and speak fluent Spanish. 3. RECOMMENDATIONS/HAZARD CONTROL OPTIONS The report will denote both the locations of any LBP paint identified during the inspection as well as identify any lead hazards. To determine if a lead hazard exists, LTE will take dust wipe samples and soil samples which place in centrifuge tubes and drop off at a laboratory accredited by the American Industrial Hygiene Association (AIHA) and that participates in their ELLPAT testing program for AAS analysis. Based on the children's use patterns, location of LBP, condition of the LBP and lead dust levels, LTE will make specific recommendations for either abatement, interim controls, safe work practices, etc. LTE will also provide an estimate of the cost to set up containment (engineering controls) and perform precleaning, abate or eliminate the lead paint hazard, and then perform final cleaning. The risk assessment provides cost effective abatement or management recommendations for the lead positive components in fair or defective condition. Over the past 25 plus years, LTE has performed over 500 risk assessments for city housing departments and economic development departments throughout Los Angeles, Ventura, and Orange County. 4. FLOOR PLAN For identification purposes, the inspector will draft a floor plan of the residence denoting all rooms, doors, windows, sample locations, and the location of any defective components or existing lead hazards. The report explains how to orient the floor plan when visiting the residence. 5. HUD VETTED REPORTS LTE provides comprehensive LBP and risk assessments for the City, LAHD, and County, LACDA. LTE's reports and overall compliance with LBP HUD requirements were audited by HUD in early 2013, and many of the reports were found lacking. LTE reformatted our risk assessment reports to comply with the format contained in the "HUD Guidelines Appendix 8:1." LTE's report format was vetted by HUD and found to comply with their stringent requirements. LTE conducts both the LBP inspection and risk assessment at the same time with the results contained in one hybrid report. The report will denote the testing methodology, description of the residence, location of components tested, identify all the LBP positive components in a separate summary page, and detail whether the dust and or soil samples tested positive for a lead hazard. For easy reading, LTE provides an executive summary 5 on page 1 which denotes the components that tested positive for LBP, and whether we detected any LBP dust or soil hazards, and the condition and size of lead positive components. Based on our findings and any information gleamed from the tenants, LTE will provide lead hazard abatement or interim control recommendations. If a lead hazard exists, LTE will recommend triple cleaning of rooms that contain excessive lead dust levels. Those areas must be HEPA vacuumed, washed with a detergent such as Simple Green, and HEAP vacuumed. The report will also mandate that the contractor pass final clearance. C. LEAD-BASED PAINT HAZARD REDUCTION MONITORING Generally, the lead abatement contractor performs the lead abatement prior to the general contractor. LTE checks the lead contractor's containment set up and reviews his/her scope of work prior to the commencement of abatement. This way we confirm everyone is on the same page and proper safety precautions are taken to avoid any subsequent monitoring. If the job is properly contained and the contractor understands proper cleanup procedures, lead hazards should not materialize. To reduce costs, LTE only monitors the job once rather than multiple times unless the City would prefer multiple visits. Most of the cities we work with do not pay for abatement monitoring. Instead, they retain proven, certified abatement companies that take all necessary precautions and have the consultant provide clearance testing. D. POST HAZARD REDUCTION 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 2012 ("HUD Guidelines"). LTE abides by Title 17 of the California Code of Regulations Division 1, Chapter 8 mandate regulatory lead dust limits for floors, window sills, window wells and soil. The purpose of the Clearance Testing 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 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. This avoids the potential for cross contamination. 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. LABORATORY LTE utilizes LA Testing and SanAir for AAS analysis. They are accredited by the American Industrial Hygiene Association (AIHA) and participates in their ELLPAT 6 testing program for lead. A sample of the laboratory results is contained in Section 1 of the attached lead clearance report which is attached hereto in Appendix 4. Unless requested otherwise, we have the laboratory fax us the results of the AAS testing within 24-48 hours of receipt. We review the laboratory results to determine whether the Residence is safe for occupancy (i.e. that the sample dust results tested below California CDPH regulatory levels). Please note, LTE advises the City to include a provision in its contract with the lead contractor that should he/she fail the initial clearance test, he/she is responsible for all subsequent test charges. That is, the City should deduct the cost of subsequent clearance tests from any money owed the lead contractor. E. LEAD SCREENING TEST While the City of La Mirada's ("City") RFP did not specifically mention a Lead Screening in the RFP, that is a service Lead Tech is currently provides. 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. LTE would need a copy of the work write up for the residence's rehabilitation project. We 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 risk assessment in the areas that will be disturbed. F. ASBESTOS TESTING AND REPORT Unlike LBP inspections with XRF machines, asbestos testing requires taking bulk samples and sending them to a certified laboratory for PLM analysis. As with the limited LBP screening, LTE only inspects the suspect asbestos containing building components that will be disturbed during the rehabilitation for asbestos. The City would need to forward LTE with a copy of the scope of work and our CAC would review it and advise the SST what and where to sample. PROTOCOL LTE will inspect the materials that will be disturbed during rehabilitation pursuant to the Asbestos Hazard Emergency Response Act (AHERA) 40 CFR Ch. I Section 763.86 page 654. For friable surfaces, this protocol requires taking at least 3 samples from each homogenous area that is 1,000 sq/ft2 or less; 5 samples from each homogenous area that is greater than 1,000 sq/ft2 but less than 5,000 sq/ft2; and 7 samples from each homogenous area that is greater than 5,000 sq/ft2. For non friable suspect ACMs, LTE will take 3 samples of each homogenous material which would include drywall, plaster, stucco, roofing materials and roofing mastic. Upon completion of the limited asbestos sampling, our inspector will complete chain-of- custody forms and send them with the bulk samples to the laboratory for bulk sampling analysis. Asbestos samples will be sent to LA Testing or SanAir for bulk sample 7 analysis. Both SanAir and LA Testing are accredited by the National Institute of Standards and Technology (NIST) under the National Voluntary Laboratory Accreditation Program (NVLAP) for analysis. Bulk sample analysis is performed using Polarized Light Microscopy with Dispersion Staining (PLM/DS) in accordance with the Environmental Protection Agency's (EPA) "Interim Method of Determination of Asbestos in Bulk Insulation Samples", EPA Method 600/M4-82-020 and EPA Method 600/R-93/116. The identification of asbestos fiber bundles is determined by the visual properties displayed when the sample is treated with various dispersion staining liquids. Identification is substantiated by the actual structure of the fiber and the effect of polarized light on the fiber, all of which is viewed by the trained laboratory technician. The EPA's Asbestos NESHAPs and the South Coast Air Quality Management District (SCAQMD), the local air pollution control district, define an asbestos-containing material as any material that contains a concentration of asbestos of greater than one percent (>1.0%) by area as determined by PLM (40 CFR Part 763, Appendix A, Subpart F Section 1). SCAQMD now requires a minimum of 3 samples of each inspected material. State worker protection laws, as set forth by the California Occupational Safety and Health Administration, define asbestos materials as those that contain greater than one- tenth of one percent (>0.1%) asbestos by weight (a.k.a., trace). To evaluate whether a "trace" material contains greater than 0.1%, a test with a greater sensitivity, such as 1000 point count is necessary. LTE's asbestos reports were specifically drafted for loan officers or construction specialists to easily determine whether asbestos was found in the areas sampled. The report specifies where and why LTE inspected certain suspect building materials and provides an easily understood table of all the negative or asbestos positive asbestos samples. It also provides recommendations on how the asbestos materials should be removed. For clarification, we also provide a floor plan of asbestos sample locations. G. ASBESTOS MONITORING LTE would review the asbestos contractor's scope of work prior to commencement of the abatement. We would visit the site after the asbestos contractor sets up containment to confirm that everyone is on the same page. Moreover, LTE wants to visually examine the containment to ensure that the residence is not contaminated with asbestos fibers. If the job is properly contained and the contractor understands proper cleanup procedures, asbestos hazards should not materialize. As with lead paint monitoring, most if not all cities want us to conduct clearance testing rather than charge for monitoring. 8 H. POST ABATEMENT CLEARANCE TEST AND REPORT For asbestos clearance sampling, an SST or CAC would visually confirm that the asbestos contractor properly removed all asbestos containing materials. After conducting the visual examination, he/she wold take clearance samples and send them to a certified laboratory for PCM analysis. 9 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. ENVIRONMENTAL TESTLNG PRICING Lead Screening of Exterior $340 + $17 a sample if we detect LBP Lead Screening less 50% $375+ $17 a sample if we detect LBP Full Lead Inspection & or Risk Assessment $450 for lead inspection + $25 if RA + (RA) $17 a sample if we need to perform a RA Limited Asbestos Testing $350 + $17 a sample Full Asbestos Survey $400 + $17 a sample ADDITIONAL SERVICES Lead Clearance Inspection $325 +$17 a sample Asbestos Clearance Testing $325 + $17 a sample $300 for a visual Mold Testing $625 includes up to 3 samples Mold Clearance $595 for up to 3 samples LTE will discount our pricing 5% if we can schedule two jobs on the same visit. 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. LEADTEC-01 iCANGEL ACOR0 DATE(MM/DDIYYYY) CERTIFICATE OF LIABILITY INSURANCE 8/12/2026 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(les)must have ADDITIONAL INSURED provisions or 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 endorsement(s). PRODUCER GONEACT Snapp&Associates Insurance Services PHONE Eaq:(619)908-3100 I FAX,No): 3838 Camino Del Rio N.STE 310 San Diego,CA 92108 EMAIL SS:Service@snappins.com INSURER(S)AFFORDING COVERAGE NAIC A INSURER A:Westchester Surplus Lines Insurance Company 10172 INSURED INSURER B: Lead Tech Environmental INSURER C: 2348 Camino Robiedo INSURER D: Carlsbad,CA 92009 INSURER E: INSURER F: 1 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 TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTRINS° WVD, IMM/DD/YYYY1 (MMIDDIYYYYI A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 5 1,000,000 CLAIMS-MADE X OCCUR G27447053013 5/5/2026 5/5/2027 DAMAGE TO RENTED50,000 X PREMISES IEa occurrence) $ MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY ja LOC PRODUCTS-COMP/OPAGG S 2,000,000 A AUTOMOBILE LIABILITY (Ea D c leI dent SINGLE LIMIT $ 1,000,000 ANY AUTO G27447053013 5/5/2026 5/5/2027 BODILY INJURY(Per Person) $ - OWNED -SCHEDULED _ AUTOS ppEEpp ONLY AUTOS �,/ BODILY INJURY(Per accident) S X A�TOS ONLY X A(]tO ONLY PROP(Per acciienERTY tDAAIAGE $ UMBRELLA LIAR _ OCCUR EACH OCCURRENCE S EXCESS LIAB CLAIMS-MADE AGGREGATE S OED I I RETENTIONS S WORKERS COMPENSATION I PER STATUTE I I EORFI AND EMPLOYERS'LIABILITY ANYIPPROPRIETOR/PARTNER/EXECUTIVE OPRIETggO��PARTNE S ECUTIVE Y/N N(A E.L.EACH ACCIDENT $ (Mandatory Iri NH) E.L.DISEASE-EA EMPLOYEE) If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Professional Liabili G27447053013 5/5/2026 5/5/2027 Each Claim 2,000,000 A Pollution Liability G27447053013 5/5/2026 5/5/2027 Each Claim 1,000,000 DESCRIPTION OF OPERATIONS(LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) Re:Operations of the named insured subject to the terms and conditions of the policy.City of Huntington Beach its agents,officers and employees are named additional Insured per the attached form.30'days notice of cancellation,10'days notice of cancellation/Attie event of nonpayment of premium. RAVED AS ro FORM By; MICHAEL i VIG Clry LIUTTA r m. ATTORNEY CERTIFICATE HOLDER CANCELLATION OF NUNTINGTON PEACH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE City of Huntington Beach ACCORDANCE WITH THE POLICY PRO NOTICE WILL BE DELIVERED IN IS IONS. 2000 Main St.,5th floor Huntington Beach,CA 92648 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: G27447053 013 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s)Of Covered Operations As required by written contract, prior to a loss to which N/A this insurance applies. N/A N/A N/A N/A N/A N/A Information required to complete this Schedule,if not shown above,will be shown in the Declarations. A. Section II — Who Is An Insured is amended to 1. All work, including materials, parts or include as an additional insured the person(s) or equipment furnished in connection with such organization(s) shown in the Schedule, but only work, on the project (other than service, with respect to liability for"bodily injury", "property maintenance or repairs)to be performed by or damage" or "personal and advertising injury" on behalf of the additional insured(s) at the caused, in whole or in part,by: location of the covered operations has been 1. Your acts or omissions;or completed;or 2. That portion of "your work" out of which the 2. The acts or omissions of those acting on your behalf; injury or damage arises has been put to its intended use by any person or organization in the performance of your ongoing operations for other than another contractor or subcontractor the additional insured(s) at the location(s) engaged in performing operations for a designated above. principal as a part of the same project. However: C. With respect to the insurance afforded to these 1. The insurance afforded to such additional additional insureds, the following is added to insured only applies to the extent permitted by Section III—Limits Of Insurance: law; and If coverage provided to the additional insured is 2. If coverage provided to the additional insured is required by a contract or agreement, the most we required by a contract or agreement, the will pay on behalf of the additional insured is the insurance afforded to such additional insured amount of insurance: will not be broader than that which you are 1. Required by the contract or agreement;or required by the contract or agreement to 2. Available under the applicable Limits of provide for such additional insured. Insurance shown in the Declarations; B. With respect to the insurance afforded to these whichever is less. additional insureds, the following additional exclusions apply: This endorsement shall not increase the applicable Limits of Insurance shown in the This insurance does not apply to "bodily injury' or Declarations. "property damage"occurring after: CG 20 10 0413 © Insurance Services Office, Inc.,2012 Page 1 of 1 POLICY NUMBER: G27447053 013 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Location And Description Of Completed Or Organization(s) Operations As required by written contract, prior to a loss to N/A which this insurance applies. Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section II —Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III—Limits Of Insurance: with respect to liability for "bodily injury" or If coverage provided to the additional insured is "property damage"caused,in whole or in part, by required by a contract or agreement, the most we "your work" at the location designated and will pay on behalf of the additional insured Is the described in the Schedule of this endorsement amount of insurance: performed for that additional insured and included in the "products-completed operations 1. Required by the contract or agreement;or hazard". 2. Available under the applicable Limits of However: Insurance shown in the Declarations; 1. The Insurance afforded to such additional whichever is less. insured only applies to the extent permitted This endorsement shall not increase the by law;and applicable Limits of Insurance shown in the 2. If coverage provided to the additional insured Declarations. is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 04 13 ©Insurance Services Office, Inc.,2012 Page 1 of 1