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HomeMy WebLinkAboutContract 26198 ` CITY SECRETARY CONTRACT NO. THE STATE OF TEXAS Contract Number 582-1-87082 COUNTY OF TRAVIS AGREEMENT INTERAGENCY/INTERLOCAL CATEGORY I PM2.5 Local Programs Name of Project THIS AGREEMENT is entered into by and between: the Texas Natural Resource Conservation Commission, an agency of the State of Texas(hereinafter TNRCC or Receiving Agency), and The City of Fort Worth , an agency or political subdivision of the State of Texas (hereinafter PERFORMING PARTY), pursuant to the authority granted and in compliance with applicable provisions of the Interagency Cooperation Act, TEx. Gov'T. CODE ch. 771 and Intergovernmental Cooperation Act, TEX. Gov'T CODE ch. 791. TNRCC and PERFORMING PARTY,in consideration of the mutual covenants hereinafter set forth,agree as follows: ARTICLE 1. WORK See attached Scope of Work. ARTICLE 2. PRICING AND PAYMENT See attached Schedule of Fixed Rates (for payment at fixed rates based on the nearest practicable estimate of actual costs). ARTICLE 3. MAXIMUM AMOUNT OF CONTRACT The total amount of this Contract shall not exceed: Forty Four Thousand Dollars and no cents $ 44,000.00 (Written amount) ($numerical amount) unless this Contract is amended in writing. It is expressly understood and agreed by the parties hereto that the performance on the part of the TNRCC of its obligations hereunder is contingent upon and subject to actual receipt by the TNRCC of sufficient and adequate funds from the sources contemplated by this Contract. Upon receipt of funds from the sources for a second year, the TNRCC will notify PERFORMING PARTY whereupon this contract will be effective for the period of September 1, 2001 through August 31, 2002. ARTICLE 4. TERM OF CONTRACT This Contract shall begin on 9-1 , 2000 and shall terminate on full performance, which is due on 8-31 , 2002, unless terminated early or extended in accordance with the terms of the Contract. (17o woo Elm, 3EIo ARTICLE 5. CERTIFICATIONS 1. THE UNDERSIGNED CONTRACTING PARTIES do hereby certify that(1)the services specified above are necessary and essential for activities that are properly within the statutory functions and programs of the parties, (2)the proposed arrangements serve the interest of efficient and economical administration of State Government, and(3)the services, supplies or materials contracted for are not required by Section 21 of Article 16 of the Constitution of Texas to be supplied under contract given to the lowest responsible bidder. 2. The TNRCC further certifies that it has the authority to contract for the above services by authority granted in the Current Appropriations Act, and TEx. WATER CODE§5.229. 3. PERFORMING PARTY further certifies that it has authority to perform the services contracted for herein. ARTICLE 6. CONTRACT DOCUMENTS The Contract Documents which comprise the entire Contract between TNRCC and PERFORMING PARTY concerning the Work consist of the following: 1. Scope of Work 2. Project Representatives / Records Location 3. additional exhibits titled: Exhibit A- Deliverables Exhibit B - Payment Procedures Exhibit B-1 -TNRCC PM 2.5 Sites Exhibit C - HUB/MWBE Progress Assessment Report Form Exhibit D - Release of Claims Form 4. One of the following (whichever is checked): ❑ Contracts Costs Budget or X Schedule of Fixed Rates (If neither is checked, or both are checked, this Contract is void) 5. General Conditions 6. One of the following (whichever is checked): X Federal Conditions or ❑ DELIBERATELY OMITTED (Federal Conditions are not incorporated into this Contract) (If neither is checked, or both are checked, this Contract is void) There are no Contract Documents other than those listed above in this Article. The Contract Documents may be amended, modified or supplemented only as provided in the General Conditions. Contract#582-1-87082 2 OEM ZOO 0 The undersigned bind themselves to the faithful performance of this Contract: TNRCC: PERFORMING PARTY: Texas Natural Resource Conservation Co i on City of Fort Worth By: By: L"(g . Authorized Signature Authorized Signature Steve Spaw C-Iha_-lles Boswell Printed Name Printed Name Director, Monitoring Opertions Div. Assistant City Manager Title f Title Date: Date: R12— Contract #582-1-87082 3 CN, %*i G1M 'Qf F1 WG)FP?H, VEX. ATTEST: Gloria Pearson,Citf Secretary 00 APPROVED AS TO FORM & LEGALITY: n Cynthia G rcia/Asst.City Attorney M&C G-12984 Contract Authorization - 15- yc) Date ('N RUM, 5v SCOPE OF WORK The PERFORMING PARTY shall perform the following tasks indicated below and in Exhibit A (Deliverables). 1. The PERFORMING PARTY is expected to be employed to operate the PM 2.5 samplers, ship and receive filters, ship floppy disks with the filter data, perform quality assurance/quality control functions, review data generated by the sampler, and communicate with the Texas Natural Resource Conservation Commission (TNRCC) Monitoring Operations personnel on all trouble shooting and instrument repair. 2. The TNRCC or the EPA, as appropriate, may update any or all of the exhibits referred to in this Agreement. The PERFORMING PARTY shall implement updated editions of any such updated exhibits within 30 days of receipt. If the PERFORMING PARTY does not agree to comply with updated editions of these documents,the PERFORMING PARTY shall have the option of turning down particular tasks which require use of these documents. If the PERFORMING PARTY turns down a task, it will not receive any payment for that task. 3. Monitoring Operations Program A complete task under this section shall include all of the requirements listed below. The PERFORMING PARTY shall provide support of the Texas PM 2.5 Ambient Air Monitoring network objectives for FY-2001 by operating and submitting data for air pollution monitoring sites listed in the TNRCC PM 2.5 Sites spreadsheet incorporated herein as Exhibit B-1. The PERFORMING PARTY shall ensure that the listed monitoring sites are operated in compliance with applicable regulations. The TNRCC will purchase the PM 2.5 instruments. The PERFORMING PARTY will install and operate the sampler. The PERFORMING PARTY shall implement and operate a monitoring program as required by the following: 3.1 Location, Maintenance and Repair of Equipment The PERFORMING PARTY shall be responsible for all of the maintenance and/or all the repair of any of its equipment at these sites. No additional funds will be provided by TNRCC for payment of repairs. Preventive maintenance will be in accordance with the manufacturers recommendation that is documented in the instrument manuals and with the standard operating procedures (SOP) developed by the Ambient Monitoring Section of the Monitoring Operations Division. All filters and ancillary filter handling equipment, spare parts, calibration equipment, laptops, software and equipment operation training will be supplied by personnel from the Ambient Monitoring Section of the Monitoring Operations Division. The TNRCC will be solely responsible for obtaining sites. Contract#582-1-87082 4OND 0 c �� 1Ro MK J G11-IN fa. 3.2 Training The PERFORMING PARTY shall ensure that its staff is adequately trained and qualified in order to perform designated tasks. Representatives for the PERFORMING PARTY are expected to attend TNRCC provided training, workshops, and/or other activities designed to increase technical capabilities required to support this Agreement. It shall be the responsibility of the PERFORMING PARTY to identify and obtain any necessary safety training. The TNRCC's Monitoring Operations Division personnel will develop specialized training and the SOP's for the PERFORMING PARTY. The PERFORMING PARTY will quality control, calibrate,and operate the samplers provided by Monitoring Operations. The training and SOP's will be based on recommendations from the manufacturer. Instrument manuals will be available for reference. 3.3 Quality Assurance Audits 3.3.1 Quality Assurance Audits will be conducted by the EPA. 3.3.2 On an ongoing basis,the TNRCC reserves the right to audit monitors operated by the PERFORMING PARTY. Such audits are expected to be announced and access to the monitors and the associated measurement data are expected to be coordinated with the PERFORMING PARTY's staff. At least one audit per year should be expected. More frequent audits will occur if significant or persistent data quality issues occur. 3.4 Air Quality Data(AQD)Reporting The PERFORMING PARTY shall submit to the filter weighing contractor all instrument data. Instrument data is the quality control data that comes from the instrument that goes with the filter to the filter weighing contractor. 3.5 The PERFORMING PARTY will collect exposed filters from the samplers, put them in sample containers, and record identifying data on the containers. The PERFORMING PARTY will maintain custody of the samples until the filters are mailed to the weighing laboratory. 3.6 Each PERFORMING PARTY must operate their PM 2.5 sampler a minimum of one week to check out the unit and become familiar with all aspects of the instruments operation.The Ambient Monitoring Group of TNRCC's Monitoring Operations Division in Austin, TX will be the contact for all technical questions. 3.7 The PERFORMING PARTY's field technicians will be responsible for all minor maintenance of the monitoring systems operating in their region. The central office technicians,who are TNRCC employees, will be responsible for all major maintenance in all regions. Cost of repairs and travel may dictate that the field technician undertake major repairs. The field technicians may contact the TNRCC's Monitoring Operations technicians for assistance and to request parts and materials. The TNRCC's Monitoring Operations technicians will have assigned responsibilities and expertise on specific types of equipment. Contract#582-1-87082 5 11GQ�1� '��� �D The TNRCC central office primary technician contact is Larry Lehmann. He can be reached at 512/239-1778. You may contact Gary Smith at 512/239-6752,as a TNRCC Monitoring Operations backup technician if the primary TNRCC technician is not available. Contract#582-1-87082 6 C�1TV MEG���� EXHIBIT A DELIVERABLES The PERFORMING PARTY shall provide the TNRCC office with the reports required below to provide the information on Tasks listed in Attachment A(Statement of Services to be Performed)of this Agreement: 1. Each PERFORMING PARTY is expected to maintain records that include the sampler electronic data files, log book pages, and hard copy print outs related to media chain of custody (COC), sampler operation verification, sampler calibration, quality control checks of sampler, and any audit reports. Please keep the following records: sampling information and COC sheets, instrument calibration data forms, electronic run logs, electronic and manual daily activity logs, assessment/performance logs, and site visit check lists. The PERFORMING PARTY shall maintain clear records for the transfer of information from the collection point to the time the filters and data are mailed to the filter weighing vendor. At a minimum the records should be the time of sampling, sampler conditions, sampler location, and any other descriptive data that may be relevant to support the validity of the sample. In addition, sample data sheets, site log books are to be maintained to verify the trail of activities associated with each filter. 2. Quality Assurance Planning a. By signing the signature page of the TNRCC QAPP for PM2.5,the PERFORMING PARTY acknowledges they will follow the TNRCC QAPP requirements. Uj Contract#582-1-87082 7 If l��UW CU) �� EXHIBIT B PAYMENT PROCEDURES ARTICLE 1. PAYMENT FOR PERFORMANCE OF SERVICES a. Payment under this Agreement for air pollution control activities is based on the performance of required activities by the PERFORMING PARTY. b. The PERFORMING PARTY shall be paid at the fixed prices(annual or monthly flat rates)shown in Schedule of Fixed Rates as reimbursement for all services to be performed in connection with this Agreement. These fixed prices represent the TNRCC I s funding share of the nearest practicable estimate of the PERFORMING PARTY,s actual cost of providing these services. The PERFORMING PARTY and the TNRCC acknowledge that the TNRCC I s funding share has been set in such a way that it may vary from month to month,within the constraints established elsewhere in this Agreement. ARTICLE 2. PAYMENT REOUEST PROCEDURES a. On a quarterly basis, the PERFORMING PARTY shall submit one copy of a properly completed STATE OF TEXAS PURCHASE VOUCHER (Comptroller of Public Accounts Form 73-170), in order to obtain payment for tasks completed under this Agreement. The PERFORMING PARTY shall complete a quarterly HUB/MWBE PROGRESS ASSESSMENT REPORT, incorporated herein as Exhibit C, and submit this Report with each quarterly invoice and voucher. Completed vouchers, invoices, and reports shall be mailed or delivered to the following address: Attn: Ed Michel Texas Natural Resource Conservation Commission Monitoring Operations Division,MC-165 P.O. Box 13087 Austin,TX 78711-3087 b. The TNRCC will review the purchase vouchers, invoices, for requests for payment for services performed as identified above in Section a.of this article and as required in Exhibit A(Deliverables) and will provide written documentation to the PERFORMING PARTY and the TNRCC Project Representative that the requests are acceptable or will provide an explanation of why the requests or the work identified in the requests are unacceptable.If the requests do not satisfactorily demonstrate the accomplishment of the required tasks, the TNRCC Project Representative will not authorize payment on the accompanying voucher and invoice until such time as deficiencies have been corrected. C. The TNRCC will not issue any payment of an approved reimbursement request from the PERFORMING PARTY until the TNRCC receives from the EPA funds specifically awarded for activities provided by the PERFORMING PARTY under this Agreement. Contract#582-1-87082 8 co)pv DD a ��o d. The TNRCC reserves the right to suspend payment for any incomplete, inconsistent or incorrect services or reports as required by this Agreement until the PERFORMING PARTY satisfactorily completes,revises, or corrects such services or reports. e. Failure on the part of the PERFORMING PARTY to comply with the conditions set forth in this Agreement may be grounds for termination of this Contract for cause, and revocation of any unexpended funds. f. Nothing in this Article shall be construed to prevent the TNRCC or the PERFORMING PARTY from exercising any of its rights under this Agreement including but not limited to those relating to Termination and Remedies. ARTICLE 3. FINAL PAYMENT REQUEST a. Upon satisfactory completion of the work performed hereunder and prior to final payment under this Contract for such work, or prior to settlement upon termination of this Contract and as a condition thereto, the PERFORMING PARTY shall execute and deliver to the TNRCC a release of all claims for payment of any funds due and payable by the TNRCC pursuant to the terms of this Contract. Such release shall be conditioned upon payment of all fund amounts due and payable to PERFORMING PARTY under this Contract, and limited to only those claims which reasonably could have been foreseen at the time the release is executed. PERFORMING PARTY reserves the right to identify claims to be excluded thereby. b. The PERFORMING PARTY shall provide to the TNRCC documentation showing all tasks that have been completed by the PERFORMING PARTY. C. Final Payment under this Contract or settlement upon termination shall not constitute a waiver of the TNRCC's claims against the PERFORMING PARTY. d. A final payment request shall be submitted by the PERFORMING PARTY to the TNRCC not later than thirty(30)days following the end of this Contract. 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O N c 3 C1 = W m y J N O V c C) m m U W i LL V 001 O T c c c ° o u dv a N N yN N N O Q Q O1 m •G E C C a N F A x U d U U N N E O m m m m m Z z Z z Z U U U > 0 'E CL o ° v E E N f0 tD a N m d r-• r r r r r r r r N N t0 fO N O= 5 i A U C., Uu � 16 G��uG�D 0 4 O CL I I d' �'I o LL u u1 [1 CI N r�aruu-�j_Ij'UU�t UL�w EXHIBIT C Instructions for Completing TNRCC Form 10318 [HUB Progress Assessment Report (PAR)] Use these instructions to confirm that you are entering the correct information in each blank of TNRCC Form 10318 Note: Items 10 and 11 apply to Superfund and other ("PAR form").To find the instructions for a blank,go down `urnbrella"projects only.If your project is this list to the number of that blank on the PAR form. not an umbrella project,leave these lines In these instructions, "this contract"means your contract with blank.If you don't know whether your the TNRCC for which you are reporting your subcontracting contract is an umbrella project,ask the project with historically underutilized businesses(HUBs)on this PAR manager named on your contract. form."We"means the TNRCC. For more information about the TNRCC HUB program,look 10. Identify the particular site,phase,or program covered by for"Historically Underutilized Businesses"in the index on this invoice or set of invoices. our Web site: 11. Enter your work order number for the site,phase,or program identified in Item 10. h t tp://www.tnrc c.state.ta.us or write: Part B. Invoices for Work Completed HUB Coordinator—MC 181 Texas Natural Resource Conservation Commission In the table for listing invoices from HUBs: PO Box 13087 First column—Enter the complete name of each HUB Austin TX 78711-3087 subcontractor.Enter information about this HUB Phone: 512/239-0393 subcontractor in the remaining columns of this row. Second column—Enter the 11-digit taxpayer identification Part A. Identifying Information number the Comptroller of Public Accounts has assigned to this HUB subcontractor. 1. Enter the contract number we have assigned to this Third column—You have three options: contract.This number appears on the first page of the contract. 0 If this subcontractor is a minority-owned business enterprise,check"MBE." 2. Enter your invoice number for each invoice you are • If this subcontractor is a woman-owned business submitting with this form. enterprise,check"WBE." 3. Enter the period of time in which the work covered by • If this subcontractor qualifies as both an MBE and a these invoices was carried out. WBE,check both boxes. 4. Enter the name of the contractor to which we awarded Fourth column—Indicate,by checking the appropriate box, this contract. whether the subcontractor provided services or 5. Enter the name of the person authorized to complete this commodities.(If both,check"services"only.) form for the prime contractor.We will contact this person Fifth column—Enter the total of all invoices attached for this if we have any questions about the information you have HUB subcontractor. provided on this form. 6. Enter the phone number at which we can reach the Below the table: contact person named in Item 5. 12. Enter the total amount of all attached invoices from 7. Enter the total amount of this contract as stated in the HUBs• contract itself.If we have approved monetary 13. Enter the total amount of all attached invoices from non- amendments to the contract,include the value of these HUBs amendments in this total. 14. Enter the total of all attached invoices—in other words, 8. Enter the total of all invoices you have submitted to us to Item 12 plus Item 13. date for this contract,including the invoices attached to this PAR form. 9. Dollar value of work remaining. Subtract Item 8 from Item 7 to obtain this number. CIU 2-Ei�G� Id P TNRCC-10318-ins CA �(�}M April 1,2000 582-1-87082 14 U Leo UV �f�IIU9 Va. EXHIBIT C Part C. Progress toward HUB Goal Part D. Progress Remaining 21. Your HUB goal is stated as a percentage in your contract. 15. There are two possibilities: Enter your HUB goal here. • If you(the prime contractor)are not a Texas- 22. This amount represents how much of your HUB goal—in certified HUB,enter"NA"in this line. percent of the total contract—remains to be completed. • If you are a Texas-certified HUB,enter the value of There are two possibilities: the work you and your employees have performed to • If Item 20 is greater than Item 21,you have achieved date.Do not include work performed by any your HUB goal.Enter"0"here and in Item 23. subcontractors in this amount. • If Item 20 is less than Item 21,subtract Item 20 from 16. This percentage is applicable only when the prune Item 21.Enter this amount here. contractor is a HUB. 23. Use the instructions on the PAR form to convert the • If you are not a Texas-certified HUB, enter"0"in percentage stated in Item 22 into dollars.Enter this this line. amount here.This amount represents the dollar value of • If you are a Texas-certified HUB,follow the work you must subcontract to HUBS over the remainder instructions on the PAR form to calculate this of your contract to meet your HUB goal.If you cannot percentage.Enter the result here. meet this goal,contact our project manager for your 17. Total of all attached invoices for HUB subcontractors contract or our HUB coordinator to find out aboutdocumenting your good-faith effort. (from Item 12). 18. Use the instructions on the PAR form to calculate the percentage of the total contract performed by these UB Part E. Affirmation H subcontractors and invoiced on the attached invoices. 24. The person named in Item 5 must sign here as the 19. There are two possibilities: representative of the prime contractor. • If this is the fust PAR form you have submitted for 25. Enter the date you completed this report. this project,enter"0"here. • If you have previously submitted one or more PAR Part F. Other Information forms for this contract,enter the amount from Item 20 of the last PAR form submitted. Leave these blanks empty.Our project manager for your 20. Use the instructions on the PAR form to calculate the contract will complete this portion of the form. percentage of this contract that HUB subcontractors have completed to date.(This percentage is based on the total value of the contract as stated in Item 8.) DD 582-1=87082 15 (� (�j TNRCC-1031&ins U Uo �fi� ��p ��Wo APriI 1,2000 EXHIBIT C HUB Progress Assessment Report (PAR) Part A.Identifying Information. 1.TNRCC Contract No.: 2. Your Invoice No.: 3. For work completed between and 4. Prime Contractor("You"): 5.Contact: 6. Phone: 7.Total contract(TC): $ Complete these lines for umbrella projects only. 8.Total invoiced to date(TI): $ 10.Site/Phase/Program: 9.Work remaining(TC - TI): $ 11.Work Order No.: Part B.Invoices for Work Completed by HUB Subcontractors during This Period.Attach these invoices to this form. ❑If you have used no subcontractors this period,check here, indicate whether you are a HUB in part C, and complete Part E. Type of Total of Invoices from This Name of HUB Subcontractor Vendor ID No. HUB Provided*: Subcontractor in This Report ❑MBE ❑Services ❑WBE Q Commodities ❑MBE ❑Services ❑WBE ❑Commodities ❑MBE l7 Services ❑WBE ❑Commodities ' If subcontractor's services include both labor and materials,check"services"only. Note:If you need room to list more subcontractors,enter this information on a plain sheet of paper and attach it to this form. 12.Total of attached invoices from HUBs: $ 13.Total of attached invoices from non-HUBs: $ 14.Total of all attached invoices: $ Part C.Progress Completed toward HUB Goal. Are you a Texas-certified HUB? ❑ Yes. Complete Items 15 and 16. 15. Value of work performed by you or your employees: $ ❑ No. Enter"NA"in Item 15. 16. Percentage of total contract represented by Item 15 Enter"0"in Item 16. (divide Item 15 by TC and multiply by 100): % Have you subcontracted with Texas-certified HUBs during this invoice period? ❑ Yes. Complete Items 17 and 18. 17. Item 12 from Part B: $ ❑ No. Enter 00"in Items 17 and 18. 18. Percentage of total contract represented by Item 17 (divide Item 17 by TC and multiply by 100): % 19. Entry in Item 20 of your last PAR for this contract: % 20. Total HUB progress to date(add Item 18 to Item 19): % Part D. Progress Remaining to Reach HUB Goal. 21. HUB goal for this project: % 22. Percentage remaining (subtract Item 20 from Item 21): % 23. Dollar value of remaining progress (divide Item 22 by 100 and then multiply by TC): $ Part E.Affirmation.The information provided on this form is complete and correct. Your representative must sign here: 24. Signature: 25. Date: Part F.Other Information. For TNRCC use onl . (project manager:Complete this box and sign.) Type of funding: ❑State ❑ Federal 0 Both Index: COBJ: Check if prime contractor is one of the following: ❑River Authority ❑COG ❑local govt. ❑ Interlocal Signature: � ��i'��ld`,�MM. Form TNRCC-10318 (5'� �I/) r Revised April 1,2000 582-1-87082 16 EXHIBIT C General Information Definitions The purpose of this form is to help the Texas Natural Resource These brief definitions may help you complete this form.For Conservation Commission(TNRCC;"us")to track the value of terms where a full legal definition may be helpful,we have cited business we do with Texas-certified"historically underutilized the rule or law that gives that definition.. businesses"(HUBS)and federally designated"minority-or woman-owned business enterprises"(MWBEs).In this form,the Commodities—materials,supplies,or equipment.May include acronym"HUB"refers to both of these classes of businesses. consumable articles(for example,office supplies)or durable items(for example,computers,furniture,or equipment). For item-by-item instructions that tell you how to complete this form,see TNRCC Form 10318-ins.To get a copy of Form Other services—all services other than construction and 10318-ins,look under"Forms"on our Web site: professional services,including consulting services(Texas Government Code,Chapter 2254,Subchapter B). http:www.tn rcc.state.tx.us Prime contractor(or"prime")--any business,agency,or or call the HUB coordinator at 512/239-0393. individual who provides commodities or services to us under a purchase order or other contract. Do I Have to Complete This Form? If we have awarded you a contract to provide us with Professional services—services of accountants,architects, professional services,other services,or commodities and your engineers,land surveyors,optometrists,and physicians(Texas contract contains a subcontracting plan,then you must complete Government Code,Chapter 2254,Subchapter A). this form each time you submit an invoice or set of invoices to us—even if no subcontracting occurred during the period Services—(1)functions performed for us by an outside covered by these invoices. source—for example,equipment repair,consulting,hazardous waste disposal,or work by short-term temporary employees. If you are a HUB,you must perform at least 25 percent of the (2)similar functions performed for the prime contractor by an total value of the contract with your own or leased employees as outside source. defined by the Internal Revenue Service in order for the agency to receive 100 percent HUB credit for the entire contract. You Subcontractor—any business,agency,or individual(other than may subcontract up to 75 percent of the contract with HUBS or an employee)who provides commodities or services to the non-HUB subcontractors, but you must report to us the prime contractor. value—both dollar amount and percentage—of your contract that was actually performed by you and your subcontractors Total contract(Item 7}–on this form,total value of your during each invoicing period. contract with us,including all monetary amendments,if any. Where Do I Turn This Form In? Umbrella project—a contract in which work orders are issued When you have completed this form,attach it to your invoices by site,phase,or program.For example,Superfund projects and submit it to our project manager for your contract. usually are umbrella projects.If you're not sure whether your project fits this category,ask our project manager. How Can This Form Help Me? As work progresses on your contract,you can use this form to Vendor ID No.--the 11-digit taxpayer identification number monitor your progress toward the HUB goal stated in your assigned to this subcontractor by Comptroller of Public contract.If you complete this form correctly,the number in Accounts.The subcontractor should be able to provide you with Item 21 will be your contract's HUB goal.When the number in this number. ' Item 20 is at least as large as the number in Item 21,you will have reached your contract's HUB goal. Where Can I Get More Answers? If you have any other questions,call the project manager named on your contract or our HUB coordinator(512/239-0393). Where Can I Get a Set of Instructions? Click on"Forms"on our home page: http://www.tnrcc.state.tx.us °IG�G"s G'SMot and download"F-10318-ins,"or call our HUB coordinator. U Oa VU IJ;':'Ii4U9 Uu(JUo Form TNRCC-10318 Revised April 1,2000 582-1-87082 17 e EXHIBIT D Texas Natural Resource Conservation Commission RELEASE OF CLAIMS hereby releases the Texas Natural Resource Conservation Commission (TNRCC), its officers, agents and employees from any and all future claims arising under or by virtue of TNRCC Contract No. further certifies that all subcontractors, suppliers, employees and any party which has performed or provided service for this contract has been paid in full and satisfied. All services and tasks required to be completed under the referenced contract have been completed. Prompt .payment, therefore, of any and all funds which may have been previously "retained" by TNRCC in accordance with said contract is requested. Executed on this day of ' 19 By: (Signature) (Vante,Type orPrinled) (Lille) Reused:August 1 ,1936(.00fra c.frMWI) -_ El! D l© 582-1-87082 18 Schedule of Fixed Rates ARTICLE 1. PRICES Payment for required Work performed under this Contract will be based on the following fixed price(s): Item Est. Ouantity Unit Price Total Monitoring Activities (FRM) 4 Monitors $ 8,000.00 $ 32,000.00 (Continuous) 2 Monitors $ 6,000.00 $ 12,000.00 Total Annually $ 44,000.00 ARTICLE 2. SUBMITTAL OF PAYMENT REQUESTS Payment requests must be submitted at the interval specified below(whichever is checked; if none is checked,payment requests must be submitted monthly; if more than one is checked, invoices must be submitted when both requirements are met): ❑ monthly ❑ upon completion of deliverables specified herein(see ). ❑ upon completion of all Work '4 Other (specify) Quarterly Contract#582-1-87082 19 PROJECT REPRESENTATIVES RECORDS LOCATION ARTICLE 1. PERFORMING PARTY The term "PERFORMING PARTY" as used in this Project Representatives/Records Location means either PERFORMING PARTY or CONTRACTOR, as applicable. ARTICLE 2. TNRCC PROJECT REPRESENTATIVE The individual named below is the TNRCC Project Representative, who is authorized to give and receive communications and directions on behalf of the TNRCC. All communications including all payment requests must be addressed to the TNRCC Project Representative or his or her designee. Ed Michel Telephone No.: 512/239-1384 (Name) Atmospheric Scientist 165 Facsimile No.: 512/239-1605 (Title) (Mail Code) Texas Natural Resource Conservation Commission P.O. Box 13087 Austin, Texas 78711-3087 ARTICLE 3. PERFORMING PARTY PROJECT REPRESENTATIVE The individual named below is the PERFORMING PARTY Project Representative, who is authorized to give and receive communications and directions on behalf of the PERFORMING PARTY. All communications to the PERFORMING PARTY will be addressed to the PERFORMING PARTY Project Representative or his or her designee. T.C. Michael Telephone No.: 817/871-5455 (Name) Environmental Program Manager, Air Division Facsimile No.: 817/871-5464 (Title) 5000 MLK Freeway (Mailing Address) Fort Worth TX 76119 (City) (State) (Zip Code) ARTICLE 4. SUBMITTAL OF PAYMENT REQUESTS Payment requests must be submitted to (whichever is checked): V the TNRCC Project Representative. o the TNRCC Disbursements Section. (if neither box is checked, payment requests must be submitted to the TNRCC Disbursements Section). ARTICLE 5. DESIGNATED LOCATION FOR RECORDS ACCESS AND REVIEW The PERFORMING PARTY designates the physical location indicated below for record access and review pursuant to any applicable provision of this contract: (Location) (Mailing Address) (City) (State) (Zip Code) Contract#582-1-87082 20 �]�p10n, GENERAL CONDMONS INTERAGENCY/INTERLOCAL PURCHASES CATEGORY I ARTICLE 1. WORK PERFORMING PARTY agrees to provide the work described in and required by this Contract. In this Contract the term "Work" means the entire completed undertaking, or the various separately identifiable parts thereof. Work includes all goods, labor, services, materials and equipment provided in fulfillment of this Contract by any person or entity including PERFORMING PARTY's employees, agents, assigns, suppliers, and subcontractors. ARTICLE 2. AMENDMENT This Contract may be amended only by written agreement signed by both parties. ARTICLE 3. INSURANCE PERFORMING PARTY will require its contractors and their subcontractors to maintain insurance coverage sufficient to protect TNRCC against any and all claims that may arise out of or resulting from their performance of the Work and the other obligations undertaken in this Contract, and to maintain Workers Compensation Insurance which complies with Texas statutory requirements. ARTICLE 4. ACCEPTANCE, CORRECTIONS, WAIVER, WARRANTY, QUALITY 1. Acceptance. All Work must be complete and satisfactory in the reasonable judgment of the TNRCC. 2. Corrections. PERFORMING PARTY will correct errors, omissions, and deficiencies at no charge to the TNRCC. 3. Waiver. No waiver, whether expressed or implied, shall be construed as a continuing waiver unless it is specifically described in writing as a continuing waiver. 4. Warranty. All warranties implied by law are applicable to the Work. Nothing in this Contract nor any action of the TNRCC will act as a disclaimer of any warranty. All warranties are for a period of ONE YEAR from the date of acceptance unless a different period is stated in this Contract or in a written warranty. PERFORMING PARTY expressly warrants that the TNRCC will receive the benefits of third-party warranties (whether manufacturer or supplier) applicable to the Work. 5. Quality. All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract. If required by TNRCC, PERFORMING PARTY will fumish satisfactory evidence (which may include reports of required tests) as to the kind and quality of materials and equipment. All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with instructions of the applicable Supplier, except as otherwise provided in the Contract. ARTICLE 5. PAYMENT 1. Payment Methods. TNRCC will reimburse PERFORMING PARTY's allowable costs of providing Work which is satisfactory, accepted by TNRCC, and in conformity with all requirements of this Contract and applicable law. Payment will be either on a basis of a) reimbursement of actual costs as incurred, or b) agreed upon fixed rates which are the nearest practicable estimate of PERFORMING PARTY's actual costs. 2. Reimbursement of Actual Cost as Incurred. If this Contract contains a Contract Costs Budget, PERFORMING PARTY will be paid on the basis of reimbursement of actual costs. At the intervals specified in the Contract Costs Budget, PERFORMING PARTY may submit a request for reimbursement of the actual costs it has incurred. All such requests must be accompanied by supporting documentation as required by this Contract. PERFORMING PARTY agrees that the TNRCC's obligation to reimburse the PERFORMING PARTY's costs will remain within Contract#582-1-87082 21 F1 GDD 1Pq? ���r. � `�'U:7Mo �l� o i the Contract Costs Budget and that cumulative transfers among the budgeted direct cost categories will not exceed ten percent(10%) of the total reflected therein. a. If PERFORMING PARTY is a state agency as defined in Gov'T CODE ch. 791, then all reimbursement requests must be submitted to the TNRCC Project Representative on a State of Texas Interagency Transaction Voucher. All requests must be accompanied by a summary report or invoice showing the budgeted cost categories for the reported expenditures and indicating the amount remaining in each category. b. If PERFORMING PARTY is not a state agency, then all reimbursement requests must be submitted to the TNRCC Project Representative with a completed TNRCC Financial Status Report(TNRCC Form 269a) and (as applicable) TNRCC Supplemental Financial Status Report Forms 269a-1,269a-3, and 269a-4. A final Financial Status Report must be submitted no later than 90 days following the termination date of this Contract. 3. Payment at Fixed Rates. If this Contract contains a Schedule of Fixed Rates, PERFORMING PARTY will be paid on the basis of agreed upon fixed rates (fixed prices). At the intervals specified in the Schedule of Fixed Rates, PERFORMING PARTY may submit an invoice requesting payment for all satisfactorily completed work at the fixed rates specified in the Schedule of Fixed Rates. All such requests must be submitted to the TNRCC Project Representative and must be accompanied by supporting documentation as required by this Contract. If PERFORMING PARTY is a state agency, the payment request must be submitted on an Interagency Transaction Voucher. 4. TNRCC may refuse to pay any request submitted more than 90 days after the termination of this Contract. ARTICLE 6. SUBCONTRACTORS, OTHERS 1. Qualified Personnel. All employees and subcontractors employed by PERFORMING PARTY on or for the Work must have sufficient qualifications to perform the Work. 2. Objections. PERFORMING PARTY will not employ any particular subcontractor, supplier or other person or organization on or for the Work if TNRCC makes a reasonable written objection against such subcontractor, supplier, person, or organization. PERFORMING PARTY will not be required to employ any particular subcontractor, supplier or other person or organization if PERFORMING PARTY makes a reasonable objection. 3. Subcontracts. PERFORMING PARTY will include all provisions which may be necessary to accomplish all requirements of this Contract in its employment policies and contracts and its subcontracts, and shall require its subcontractors to do the same. ARTICLE 7. INTELLECTUAL PROPERTY 1. License of Future Rights. With respect to any intellectual property which is conceived, developed, written, invented, first actually reduced to practice or otherwise produced by PERFORMING PARTY, its employees, subcontractors, or subcontractor's employees during the performance of the Work, PERFORMING PARTY hereby assigns to TNRCC a nonexclusive, perpetual, irrevocable, enterprise-wide license to use, copy, publish and modify such intellectual property and authorize others to do so for TNRCC purposes. Upon termination of this Contract, all data and information by PERFORMING PARTY will be furnished to TNRCC. 2. License of Existing Rights. PERFORMING PARTY grants to TNRCC a nonexclusive, perpetual, irrevocable, enterprise-wide license to use, copy, publish, and modify any intellectual property in the Work and to authorize others to do so for TNRCC purposes. PERFORMING PARTY shall secure all necessary intellectual property licenses from third parties and warrants that the Work and the intended use of the Work will not infringe any property rights of any third-party. PERFORMING PARTY agrees to require its contractors to indemnify and hold Contract#582-1-87082 22ci e Gly MIR harmless TNRCC from damages arising from or related to any infringement of rights in intellectual property. To the extent permitted by law, PERFORMING PARTY agrees to indemnify and hold harmless TNRCC from damages arising from or related to any infringement of rights in intellectual property. ARTICLE 8. SEVERABILITY The fact that a particular provision is held under any applicable law to be void or unenforceable in no way affects the validity of other provisions and the contract will continue to be binding on both parties. Any provision that is held to be void or unenforceable will be replaced with language that is as close as possible to the intent of the original provision. ARTICLE 9. SUSPENSION; TERMINATION 1. For Cause. In the event of PERFORMING PARTY's failure to perform the Work as required by the Contract, violation of applicable law, substantial or material default, or other cause, TNRCC may suspend the Work or terminate this Contract for cause. 2. Force Majeure. In the event of delay or failure of performance caused by force majeure, TNRCC may terminate this Agreement in whole or part upon seven(7) days written notice. 3. For Convenience. TNRCC may terminate this Contract for convenience and without cause upon seven (7)days notice. 4. Payment Adjustment. If the TNRCC terminates for convenience or because of force majeure, PERFORMING PARTY shall be paid only for goods and services provided and necessary expenses incurred prior to termination. ARTICLE 10. SURVIVAL OF OBLIGATIONS All representations, indemnifications, warranties and guarantees made in, required by or given in accordance with this Contract, as well as all continuing obligations indicated in the Contract, will survive final payment, completion and acceptance of the Work and termination or completion of the Contract. ARTICLE 11. LAWS AND REGULATIONS PERFORMING PARTY shall give all notices and comply with all applicable law regarding the Work. Except where otherwise expressly required by applicable law, TNRCC shall not be responsible for monitoring PERFORMING PARTY compliance with any applicable law. ARTICLE 12. AUDIT, ACCESS TO RECORDS The PERFORMING PARTY shall maintain books and records concerning all Work under this Contract(including that performed by subcontractors), and shall retain them for at least three (3) years from the date of termination of this Contract. The TNRCC, the Texas State Auditor's Office, or any of their duly authorized representatives may review, audit, copy, or disclose the contents of such books or records at any time. ARTICLE 13. MISCELLANEOUS 1. Except as otherwise provided in this Contract, PERFORMING PARTY will direct all communications with the TNRCC to the Project Representative designated by the TNRCC. The PERFORMING PARTY will designate a Project Representative to receive all communications from the TNRCC. Both Project Representatives will be designated in writing (see Project Representatives/Records Location). 2. "Time is of the Essence" will apply to all time limits stated in the Contract. 3. The PERFORMING PARTY will adhere to all applicable standards, principles and guidelines detailed in the Uniform Grant and Contract Management Standards (UGCMS), including those related to financial monitoring, auditing and record keeping. Contract#582-1-87082 23 UJIN114� r�i2rUr�D 'form��'^Gr`l5 d��liM ' � v ARTICLE 14. DATA AND PUBLICITY 1. All data and other information developed under this Contract shall be furnished to the TNRCC and shall be public data and information except to the extent that it is exempted from public access by Vernon's Tex. Gov. Code §§552. Upon termination of this Contract, all data and information shall become the property of TNRCC. 2. Except as otherwise provided by this Contract, the PERFORMING PARTY shall not provide data generated or otherwise obtained in the performance of its responsibilities under this Contract to any party other than the State of Texas and its authorized agents. 3. The PERFORMING PARTY agrees to notify the TNRCC prior to or immediately after releasing any information to the news media regarding the activities being conducted under this Agreement. Except for Texas Open Records Act(T.O.R.A.) requests, PERFORMING PARTY agrees, when practicable, to refer all news media inquiries regarding activities under this Agreement to the TNRCC. Contract#582-1-87082 24 r� MG� �/J U ll o WF"'w"You p TEX FEDERAL CONDITIONS CATEGORY I ARTICLE 1. FEDERAL REQUIREMENTS This Contract is funded in part with federal grant money. The following conditions apply to this Contract in addition to all other contract terms. All applicable requirements of TNRCC's federal grants and 40 CFR Parts 30 through 35 are incorporated herein by reference (TNRCC will provide copies of applicable federal grants or regulations upon request). The term "PERFORMING PARTY" as used in these Federal Conditions means either PERFORMING PARTY or CONTRACTOR, as applicable. ARTICLE 2. FEDERAL INTELLECTUAL PROPERTY REQUIREMENTS A nonexclusive, perpetual, irrevocable license to use, copy, publish, and modify any intellectual property to which rights are granted or assigned to TNRCC in this Contract are hereby also granted to, assigned to, or reserved by the Federal Government. To the extent consistent with the rights of third parties, the Federal Government shall also have the right to sell any intellectual property right it reserves or acquires through this Contract. ARTICLE 3. ACKNOWLEDGMENT OF FINANCIAL SUPPORT The PERFORMING PARTY shall acknowledge the financial support of the TNRCC and the U.S. EPA whenever work funded, in whole or part, by this Contract is publicized or reported in news media or publications. All reports and other documents completed as a part of this Contract, other than documents prepared exclusively for internal use within the TNRCC, shall carry the following notation on the front cover or title page: PREPARED IN COOPERATION WITH THE TEXAS NATURAL RESOURCE CONSERVATION COMMISSION AND U.S. ENVIRONMENTAL PROTECTION AGENCY The preparation of this report was financed through grants from the U.S. Environmental Protection Agency through the Texas Natural Resource Conservation Commission. If the funding source is a U.S. agency other than U.S. EPA, the name of the appropriate federal agency should be substituted. ARTICLE 4. COST AND PRICE OF THIS CONTRACT If this Contract was not competitively procured or if payment is based on reimbursement of actual costs, then PERFORMING PARTY shall submit cost information sufficient for a cost analysis as required by 40 CFR §31.36. This information must be submitted on forms provided by the TNRCC. ARTICLE 5. ACCOUNTING SYSTEMS AND PROPERTY MANAGEMENT SYSTEMS 1. PERFORMING PARTY shall have an accounting system which accounts for costs in accordance with generally accepted accounting standards or principles and complies with 40 CFR §31.20. This system shall provide for the identification, accumulation, and segregation of allowable and unallowable project costs among projects. 2. PERFORMING PARTY shall have a property management system that complies with the standard of and requirements in 40 CFR §§ 31.32 through 31.33. ARTICLE 6. RECORD DOCUMENTS, DATA, RECORDS, ACCESS, AND AUDIT The Federal Government and its agencies will have the same rights of access to records as are granted to, assigned to, or reserved by the TNRCC under this Contract. ARTICLE 7. DEBARMENT Contract#582-1-87082 25 �� �u lr rtrl!Up �lS�o y On or prior to the effective date of this Contract, PERFORMING PARTY must submit a Certification Regarding Debarment, Suspension, and Other Responsibility Matters. PERFORMING PARTY must also submit a Certification Regarding Debarment, Suspension, and Other Responsibility Matters/Lower Tier for each subcontractor it employs to conduct the Work. These certifications must be submitted on forms provided by the TNRCC. ARTICLE 8. MINORITY BUSINESS ENTERPRISES / WOMEN'S BUSINESS ENTERPRISES (MBE/WBEs) 1. PERFORMING PARTY shall take steps to encourage participation by minority business enterprises and women's business enterprises in the performance of this Contract. 2. If the General Conditions of this Contract do not contain a requirement that PERFORMING PARTY submit information regarding its subcontracts with Historically Underutilized Businesses (HUBS) as defined by Texas law, then PERFORMING PARTY shall comply with the MBE/WBE requirements imposed on TNRCC in the federal grant or grants funding this Contract, and submit information regarding its subcontracts with MBE/WBEs on forms provided by the TNRCC. State agencies subject to State of Texas procurement law regarding HUBS need not submit MBE/WBE subcontracting information to the TNRCC. Contract#582-1-87082 26 DPvky.y MQ City of Fort Worth, Texas imelvor and coun"RCommunication DATE REFERENCE NUMBER LOG NAMEE PAG 8/15/00 **G-12984 52MONITOR 1 of 2 SUBJECT ADOPTION OF APPROPRIATION ORDINANCE AND INTERLOCAL AGREEMENT WITH THE TEXAS NATURAL RESOURCE CONSERVATION COMMISSION FOR THE OPERATION OF LOCAL AIR POLLUTION MONITORING SITES RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to execute an agreement with the Texas Natural Resource Conservation Commission (TNRCC) for the two (2) year period from September 1, 2000, through August 31, 2002, in the amount of $44,000 per year. The agreement is for the operation and maintenance of five air pollution monitoring sites in the local area; and 2. Authorize a non-interest bearing inter-fund loan from the Environmental Management Fund to the Grants Fund in the amount of $11,000 for interim financing of 25% of this project pending contract execution; and 3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Fund by $44,000, subject to receipt of an executed contract. DISCUSSION: In 1998, the United States Environmental Protection Agency revised its measurement standards for particulate matter (PM) emissions into the atmosphere. Beginning in FY1999-2000, the TNRCC has contracted with the City for operation and maintenance of the monitoring equipment they provide for six PM monitoring stations. The location of each station is as follows: • Environmental Resource Center 5000 Martin Luther King Freeway (2 monitors) • Diamond Hill Community Center 1701 NE 37th Street (1 monitor) • Fire Station No. 1 120 North Pecan Street (2 monitors) • Fire Station No. 23 3201 Portales Drive (1 monitor) The City will be responsible for retrieving the sampling data, sending it for analysis, and performing regular maintenance activities on the equipment. A seventh monitoring site for a speciation monitor is scheduled for installation during 2001. A contract amendment will be necessary at that time. City of Fort Worth, Texas "011joir And Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 8/15/00 **G-12984 I 52MONITOR 2 of 2 SUBJECT ADOPTION OF APPROPRIATION ORDINANCE AND INTERLOCAL AGREEMENT WITH THE TEXAS NATURAL RESOURCE CONSERVATION COMMISSION FOR THE OPERATION OF LOCAL AIR POLLUTION MONITORING SITES, FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that upon approval of the above recommendations, funds will be available in the current operating budget, as appropriated, of the Grants Fund. Upon execution of the interfocal agreement, the inter-fund loan of $11,000 will be returned to the Environmental Management Fund. CB:k Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) GR76 220103 000412663000 $11,000.00 Charles Boswell 8511 GR76 451543 052412663000 $44,000.00 APPROVED Originating Department Head: GR76 (5)various 052412663010 $44,000.00 CITY COUNCIL AUG . 15 2000 Brian Boemer, 8079 (from) R103 136076 0000000 $11,000.00 � Additional Information Contact: City Secretary of the City of Fort Worth,Tezas Brian Boemer 8079 Adopted Ordinance No.