**PROPERTY OWNER/REHAB CONTRACTOR CONTRACT ADDENDUM**

**REDUCTION OF LEAD PAINT HAZARDS**

**Article I Contract Document**

This document shall be attached to the Property Owner/Rehab Contractor
Contract and is hereby incorporated therein. In the event of a conflict
among contract documents, the provisions in this addendum shall prevail
over all others.

**Article II Scope of Services**

All lead-based paint activities performed, including waste disposal,
shall be in accordance with applicable Federal, State, or local laws,
ordinances, codes or regulations governing evaluation and hazard
reduction. In the event of discrepancies, the most protective
requirements prevail. These requirements can be found in: OSHA 29 CFR
1926---Construction Industry Standards, 29 CFR 1926.62---Construction
Industry Lead Standards, 29 CFR 1910. 1200---Hazard Communication, 40
CFR Pt.261---EPA Regulations, HUD Title X parts 1012-1013.

The use of paint containing more than 0.06 percent dry weight of lead on
any interior or exterior surface is prohibited.

The level of lead hazard reduction is determined by the level of federal
assistance. That calculation is attached to this contract as Exhibit A
and incorporated herein.. For work up to and including \$5,000, safe
work practices must be used for all rehabilitation activities, and paint
disturbed during the work must be repaired. For work over \$5,000 up to
and including \$25,000, interim controls must be performed on the
hazards identified by the risk assessment and paint disturbed during the
rehabilitation must be repaired **or** standard treatments must be
carried out for the entire unit. For work over \$25,000, surfaces
painted with lead-based paint that are disturbed during rehabilitation
and hazards identified by the risk assessment all must be abated.
Interim controls may be performed on exterior surfaces if those surfaces
are not undergoing rehabilitation.

**Article III Worker Protection and Prohibited Methods**

Workers shall be provided with a pre-employment physical to determine
blood lead level and ability to wear appropriate respirator protection.
Workers shall also be provided with a changing area equipped with
washing facilities and protective clothing. All safe work practices
shall be used.

The following methods shall not be used to remove paint that is, or may
be, lead-based paint:

1.  Open flame burning or torching;

2.  Machine sanding or grinding without a high-efficiency particulate
    air (HEPA) local exhaust control;

3.  Abrasive blasting or sandblasting without HEPA local exhaust
    control;

4.  Heat guns operating above 1100 degrees Fahrenheit or charring the
    paint;

5.  Dry sanding or dry scraping, except dry scraping in conjunction with
    heat guns or within 1.0 ft. (0.30m.) of electrical outlets, or when
    treating defective paint spots totaling no more than 2 sq. ft. (0.02
    sq. m.) in any one interior room or space, or totaling no more than
    20 sq. ft (2.0 sq. m.) on exterior surfaces; and

6.  Paint stripping in a poorly ventilated space using a volatile
    stripper that is a hazardous substance in accordance with
    regulations of the Consumer Product Safety Commission and/or a
    hazardous chemical in accordance with the Occupational Safety and
    Health Administration regulations.

**Article IV Records**

Records must be kept of each evaluation, clearance or hazard reduction
report for at least three years.

**Article V Fines**

The Contractor is fully responsible for the means and methods of
executing the scope of work. Therefore, the Contractor and Subcontractor
agree to hold the Owner and the City harmless in the event of any fines
from federal or local agencies controlling the lead hazard reduction
work. The Contractor or Subcontractor agree to immediately (within 30
days) satisfy any and all fines or judgments presented by OSHA, EPA, the
local or state health department, the state office of lead hazard
control and any other governmental agency having jurisdiction over the
lead hazard reduction work.

**Article VI Worker Training**

All workers involved in lead hazard reduction activities must either be
supervised by an EPA or State of \_\_\_\_\_\_\_Abatement Supervisor or
have received HUD-approved training in lead-safe work practices prior to
commencement of work.

**Article VII Occupant Protection During Lead Hazard Reduction**

The Contractor shall provide the City with a copy of the written
Occupant Protection Plan as required by 40 CFR Pt. 745.

Actions must be taken to protect occupants from lead-based paint hazards
if the units will not be vacant during the rehab project. Occupants may
not enter the work site during the lead hazard reduction activities.
Reentry is permitted only after such activities are completed and the
units have passed a clearance examination. Occupants of the unit do not
have to be relocated under the following circumstances:

1.  Rehab work will not disturb lead-based paint or create
    lead-contaminated dust;

2.  Hazard reduction activities can be completed within one 8 hour
    daytime period and the work site is contained to prevent safety,
    health or environmental hazards;

3.  Exterior-only work is being performed where the windows, doors,
    ventilation intakes and other openings near the work site are sealed
    during hazard reduction activities, and cleaned afterward, allowing
    for a lead-safe entry to be maintained;

4.  Hazard reduction activities will be completed within 5 calendar days
    and the work area is sealed, the area within 10 feet of the
    containment area is cleaned each day, occupants have safe access to
    sleeping areas, bathroom and kitchen facilities; and occupants are
    not permitted into the work sites until after clearance has been
    achieved.

**Article VIII Temporary Relocation During Lead Hazard Reduction**

If occupied units are to undergo more extensive lead hazard reduction
activities, the occupants must be temporarily relocated. Most often,
furniture and occupant belongings can be covered and sealed with
protective plastic sheeting, although storage of major furniture and
removal of all small furnishings during the hazardous materials
reduction work may sometimes be necessary. The Owners/Occupants are
responsible for carefully packing all breakables, removing all clothing
from closets, and protecting any personal property. During the hazard
reduction work, only workers trained in lead hazard reduction may enter
the work site. This means that neither owners nor occupants are
permitted to return to the work site during the day or at night. If the
Owner/Occupant has special needs to re-enter the site, the City must be
contacted. Only when the unit has been cleaned to the federally-mandated
standards and passed a clearance examination is it safe and permissible
for the Owner/Occupant to return to their home. The City will notify the
Owner/Occupant with an Authorization for Re-Occupancy. If work is done
in stages, interim dust lead clearance must be obtained prior to
re-occupancy by the owners or occupants and other non-lead related
rehabilitation workers. Final lead dust clearance must be repeated
following the rehabilitation work to verify that the residence is free
of lead hazards.

If needed, there shall be an allowance for relocation costs of \$\_\_\_
per week for owner occupants. The Federal Uniform Relocation Act for
temporary relocation costs will apply when tenants are required to
relocate. Payment will be made once costs/expenses are verified. The
total allowance has been made part of this contract and based upon the
time designated in the bid for lead hazard removal.

**Article IX Worksite Preparation and Containment**

The worksite shall be prepared to prevent the release of leaded dust,
and contain lead-based paint chips and other debris from hazard
reduction activities within the worksite until they can be safely
removed. Practices that minimize the spread of leaded dust, paint chips,
soil and debris shall be used during worksite preparation.

All objects that cannot be moved (cabinets, appliances, built-in
furniture) shall be covered with plastic sheeting at least 6 mils thick
taped securely in place. Floors in the worksite shall also be covered
with plastic sheeting at least 6 mils thick sealed with tape.

**Article X Cleaning Up and Clearance**

The contractor shall keep the premises clean and orderly during the
course of the work and all debris shall be removed on a continuous daily
basis and not be allowed to accumulate.

All exposed interior surfaces shall be cleaned using a HEPA vacuum and
wet washed with a detergent solution and clean water rinse to reduce the
lead content.

Clearance may not be performed sooner than one hour after completion of
the final cleanup. Clearance dust sampling is for settled leaded dust
and is a two-phase process. The initial clearance evaluation is a Visual
Examination done by the City followed by "environmental sampling" for
leaded dust.

1.  The visual examination determines that the work on all interior and
    exterior surfaces to be treated was completed, that there are no
    deteriorated paint surfaces, and that no visible settled dust or
    debris is present in interiors and within 10 feet of exterior walls
    if exterior work was performed.

2.  Environmental sampling involves dust sampling on the interior work
    area. The clearance examiner may decide that exact sampling scheme
    based on the type of treatment (s), visual observation, and
    professional judgment.

3.  Clearance samples must determine the lead dust levels of the work
    site prior to re-occupancy.

4.  Clearance must be performed by an individual who is independent from
    the Contractor hired to do the work. The following dust lead
    clearance thresholds must be met:

Floors---40 цg/ft2

Interior window sills---250 цg/ft2

Exterior window troughs---400 цg/ft2

5.  Clearance must be performed by an EPA or State certified Risk
    Assessor, Lead Paint Inspector or a Clearance Technician.

6.  If a component, such as a floor, fails the clearance dust standard,
    the floor in the room that failed must then be re-cleaned. A
    clearance dust sample must then be taken. The first clearance cost
    was made part of the total cost of rehabilitation. All subsequent
    cleaning and clearances costs shall be the sole responsibility of
    the Contractor.

**Article XI Handling of Lead Wastes/Disposal**

The Contractor is solely responsible for complying with federal and
state requirements for the safe handling of lead wastes and the disposal
thereof.

**Article XII Owner Responsibilities**

Owners shall provide utilities, sanitary facilities, and fire insurance.

Owners shall be responsible for monitoring potential hazards, repairing
damaged surfaces, and maintaining the property to prevent hazards from
occurring after occupancy.

IN WITNESS WHEREOF, the parties hereto execute this Addendum to the
Contract

**Contractor: Acceptance by Owner:**

\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Name Name

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Signature of contractor Signature of Owner

\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Date Date

**Witness:**

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

**Notary:** Subscribed and sworn before me this \_\_\_\_\_\_day of
\_\_\_\_\_\_\_\_\_\_\_, 200\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

> Notary Public