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Contract 30566
C.k . SECRETARN CONTRACT NO . 3LL�- THE STATE OF TEXAS Contract Number 582-5- 55866 COUNTY OF TRAVIS AGREEMENT INTERAGENCY/INTERLOCAL CATEGORY I PM2.5 Monitoring Name of Project THIS AGREEMENT is entered into by and between: the Texas Commission on Environmental Quality, an agency of the State of Texas (hereinafter TCEQ 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. GOVT. CODE ch. 771 and Intergovernmental Cooperation Act, TEX. Gov'T CODE ch. 791. TCEQ 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: Eighty Six Thousand Dollars and no cents $86,000.00 (Written amount) ($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 TCEQ of its obligations hereunder is contingent upon and subject to actual receipt by the TCEQ of sufficient and adequate funds from the sources contemplated by this Contract. Upon receipt of funds from the sources for a second year, the TCEQ will notify PERFORMING PARTY whereupon this contract will be effective for the period of September 1, 2005 through August 31, 2006. ARTICLE 4. TERM OF CONTRACT This Contract shall begin on 9-1 , 2004 or date of last contract signature, whichever is later, and shall terminate on full performance, which is due on 8-31 , 2006, unless terminated early or extended in accordance with the terms of the Contract. 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, Contract#582-5-55866 1 (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 TCEQ 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 TCEQ 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 - TCEQ PM 2.5 Sites Exhibit C - HUB/MWBE Progress Assessment Report Form Exhibit D - Certification Regarding Debarment, Suspension&Other Matters Exhibit E - Release of Claims Form Exhibit F- Cost and Price Analysis(if applicable) 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 4582-5-55866 2 The undersigned bind themselves to the faithful performance of this Contract: TCEQ: PERFORMING PARTY: Texas Commission on Environmental Qualijy CityofnFort 'V''•orrthh By: ♦ ��� gY Ldd. 6? -&w-ew Authorized SigfiaAuthorized Signature Steve Spaw, P.E. L° AARP 5 B©SW6LI, Printed Name Printed Name Director, Monitoring Operations Div. ASST, Title Title Date: y ^ Z-3 Date: 2- Contract Contract#582-5-55866 3 APPROVED AS TO FORM & LEGALITY: By Signature •� Title: Asst. City Attorney ATTEST: By Signature Printed Name: -%j I V,. De r le-4;n Title: City Qcretary" Date: Fr-16--,3�Q M & C � J 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, perform quality assurance/quality control functions, review data generated by the sampler, and communicate with the TCEQ Monitoring Operations personnel on all trouble shooting and instrument repair. 2. The TCEQ 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-2005-2006 by operating and submitting data for air pollution monitoring sites listed in the TCEQ 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 TCEQ will purchase the PM 2.5 samplers. 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 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. 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 TCEQ's Monitoring Operations personnel. All filters and ancillary filter handling equipment,spare parts,calibration equipment,and equipment operation training will be supplied by TCEQ's Monitoring Operations personnel. 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 TCEQ 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 Contract#582-5-55866 4 PARTY to identify and obtain any necessary safety training. The TCEQ'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 TCEQ 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. 3.5 The Performing Party will collect exposed filters from the samplers, put them in sample containers, and record identifying data on the containers or Chain of Custody Sheets. The Performing Party will maintain custody of the samples until the filters are mailed to the weighing laboratory. 3.6 The Ambient Monitoring Section of the TCEQ's Monitoring Operations Division in Austin, TX will be contact for all technical questions. 3.7 The PERFORMING PARTY's field technicians will be responsible for all repairs or maintenance of monitoring systems in their region. The field technicians may contact the central office technicians for assistance and to request parts and materials. The central office technicians will have assigned responsibilities and expertise on specific types of equipment. A backup technician may be called if the primary technician is not available. Contract#582-5-55866 5T EXHIBIT A DELIVERABLES The PERFORMING PARTY shall provide the TCEQ office with the reports required below to provide the information on Tasks listed in Attachment A(Scope of Work) of this Agreement: 1. The 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 TCEQ QAPP for PM2.5, the PERFORMING PARTY acknowledges they will follow the TCEQ QAPP requirements. Contract#582-5-55866 6 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 TCEQ's funding share of the nearest practicable estimate of the PERFORMING PARTY's actual cost of providing these services. The PERFORMING PARTY and the TCEQ acknowledge that the TCEQ'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 REQUEST 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 HUBIMWBE 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: Edward Michel Texas Commission on Environmental Quality Monitoring Operations Division, MC-165 P.O. Box 13087 Austin, TX 78711-3087 b. The TCEQ 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 TCEQ 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 TCEQ Project Representative will not authorize payment on the accompanying voucher and invoice until such time as deficiencies have been corrected. C. The TCEQ will not issue any payment of an approved reimbursement request from the PERFORMING PARTY until the TCEQ receives from the EPA funds specifically awarded for activities provided by the PERFORMING PARTY under this Agreement. d. The TCEQ 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. Contract#582-5-55866 7 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 TCEQ 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 TCEQ a release of all claims for payment of any funds due and payable by the TCEQ 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 TCEQ 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 TCEQ's claims against the PERFORMING PARTY. d. A final payment request shall be submitted by the PERFORMING PARTY to the TCEQ not later than thirty (30)days following the end of this Contract. Contract#582-5-55866 8 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. TCEO PROJECT REPRESENTATIVE The individual named below is the TCEQ Project Representative, who is authorized to give and receive communications and directions on behalf of the TCEQ. All communications including all payment requests must be addressed to the TCEQ Project Representative or his or her designee. Edward Michel Telephone No.: 512/239-1384 (Name) Atmospheric Scientist 165 Facsimile No.: 512/239-1605 (Title) (Mail Code) Texas Commission on Environmental Quality 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 Propram Manaizer, 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): X the TCEQ Project Representative. ❑ the TCEQ Disbursements Section. (if neither box is checked, payment requests must be submitted to the TCEQ 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#582-5-55866 9 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. Quantity Unit Price Total Monitoring Activities (FRM) 3 Monitors $ 18,000.00 $54,000.00 (Continuous) 2 Monitors $ 16,000.00 $32,000.00 Total Annually $86,000.00 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 X Other (specify) Quarterly Contract#582-5-55866 10 TEXAS COMMISSION ON ENVIRONMENTAL QUALITY (TCEQ) GENERAL CONDITIONS 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 TCEQ 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 TCEQ. 2. Corrections. PERFORMING PARTY will correct errors, omissions, and deficiencies at no charge to the TCEQ. 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 TCEQ 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 TCEQ 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 TCEQ, PERFORMING PARTY will furnish 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. TCEQ will reimburse PERFORMING PARTY's allowable costs of providing Work which is satisfactory, accepted by TCEQ, and in conformity with all requirements of this Contract and applicable law. 2. Reimbursement of Actual Cost as Incurred. This Contract contains a Contract Costs Budget indicating expected contract-related costs for the required Work. 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 TCEQ's obligation to reimburse the PERFORMING PARTY's costs will remain within 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. Contract#582-5-55866 11 a. If PERFORMING PARTY is a state agency as defined in Gov'T CODE, Chapter 791, then all reimbursement requests must be submitted to the TCEQ 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 TCEQ Project Representative with a completed TCEQ Financial Status Report(TCEQ Form 269a) and (as applicable) TCEQ 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 TCEQ 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. Timely Payment Requests Required. TCEQ 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 TCEQ 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 TCEQ a nonexclusive, perpetual, irrevocable, enterprise-wide license to use, copy, publish and modify such intellectual property and authorize others to do so for TCEQ purposes. Upon termination of this Contract, all data and information by PERFORMING PARTY will be furnished to TCEQ. 2. License of Existing Rights. PERFORMING PARTY grants to TCEQ 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 TCEQ 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 harmless TCEQ 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 TCEQ from damages arising from or related to any infringement of rights in intellectual property. .. ...-.. .. Contract#582-5-55866 12 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, TCEQ 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, TCEQ may terminate this Agreement in whole or part upon seven(7) days written notice. 3. For Convenience. TCEQ may terminate this Contract for convenience and without cause upon seven(7)days notice. 4. Payment Adjustment. If the TCEQ 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, TCEQ 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 TCEQ, 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 TCEQ to the Project Representative designated by the TCEQ. The PERFORMING PARTY will designate a Project Representative to receive all communications from the TCEQ. 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. ARTICLE 14. DELINQUENT STATE TAXES The PERFORMING PARTY agrees that any payments due under this Contract will be applied towards any debt owed to the State of Texas. This requirement is not applicable to PERFORMING PARTIES who are state Contract#582-5-55866 13 agencies as defined in Gov't Code, Chapter 791. ARTICLE 15. REMEDIES AND SANCTIONS 1. In accordance with Chapter 2259 Texas Government Code,the following Schedule of Remedies applies to this Contract in the event of substandard performance or other failure to conform to the requirements of the Contract or applicable law. a. Reject the substandard performance and request corrections without charge to the TCEQ. b. Issue a notice of substandard performance or other non-conforming act or omission. C. Request and receive the return of any over payments or inappropriate payments. d. Reject associated reimbursement requests and suspend payments,pending accepted revision of substandard performance or non-conformity. Note: Funds may be retained by TCEQ for recovery of administrative costs or returned to funding source as authorized by agreements with the funding source and by state or federal law. e. Suspend all or part of the Work,pending accepted revision of substandard performance or non-conformity. f. Terminate the contract,demand and receive:return of all equipment purchased of contract funds,return of all unexpended funds, and repayment of expended funds. 2. If the TCEQ finds the PERFORMING PARTY'S performance to be substandard, TCEQ may provide its written evaluation report to other governmental entities at any time. TCEQ may also provide its written evaluation report to the public as authorized by law. 3. TCEQ may avail itself of any remedy or sanction provided in this Contract or in law to recover any losses rising from or caused by the PERFORMING PARTY'S substandard performance or any non-conformity with the Contract or the law. The remedies and sanctions available to TCEQ in this contract shall not limit the remedies available to the TCEQ under law. ARTICLEI6. DISPUTES, CLAIMS,REMEDIES Continuing the Contract Activities. Performing Party shall carry on the Contract Activities and adhere to the progress schedule during all disputes or disagreements with TCEQ unless ordered to stop the Contract Activities.No Contract Activities shall be delayed or postponed pending resolution of any disputes or disagreements. Payment not a Release.Neither payment by TCEQ nor any other act or omission other than an explicit written release constitutes a release of Performing Party from liability for losses under this Contract. Schedule of Remedies available to the TCEQ. In accordance with Chapter 2261, Texas Government Code, the following Schedule of Remedies applies to this contract. In the event of Performing Party's nonconforming,TCEQ may Issue notice of nonconforming performance. Reject nonconforming performance and request corrections without charge to the TCEQ, Reject a reimbursement request and/or suspend further payments pending accepted revision of the nonconformity; Suspend all or part of the Contract Activities and/or payments pending accepted revision of the nonconformity. Demand restitution and recover previous payments where performance is subsequently determined nonconforming; Terminate the contract without further obligation for pending or further payment by the TCEQ and receive restitution of previous payments. Cumulative Remedies. The rights and remedies provided to the TCEQ in this Contract,are in addition to,and are not to be construed in any way as a limitation of,any rights and remedies available under state and federal rules, regulations,and laws and at common law. f Contract#582-5-55866 14 ARTICLE 17. RELEASE OF CLAIMS Upon satisfactory completion of the work performed hereunder and prior to final payment under this Agreement for such work, or prior to settlement upon termination of this Agreement and as a condition to final payment/settlement, the PERFORMING PARTY shall execute and deliver to the TCEQ a release of all claims against the TCEQ arising under or by virtue of this Agreement. ARTICLE 18. BANKRUPTCY CLAUSE If the Contractor files for bankruptcy, immediately notify TCEQ in writing according to the Notice provisions AND send notification directly to TCEQ Bankruptcy Program. The Contractor's notice to the bankruptcy program must include the appropriate contract number(s). Contract#582-5-55866 15 FEDERAL TERMS AND CONDITIONS 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 TCEQ's federal grants and 40 CFR Parts 30 through 35 are incorporated herein by reference (TCEQ 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 INT ELLECTUAL PROPERTY REQUIREMENT A nonexclusive, perpetual, irrevocable license to use, copy, publish, and modify any intellectual property to which rights are granted or assigned to TCEQ 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 TCEQ 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 TCEQ, shall carry the following notation on the front cover or title page: PREPARED IN COOPERATION WITH THE Texas Commission on Environmental Quality 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 Commission on Environmental Quality. 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 TCEQ. 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 TCEQ under this Contract. ARTICLE 7. DEBARMENT 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 Contract#582-5-55866 16 subcontractor it employs to conduct the Work. These certifications must be submitted on forms provided by the TCEQ. ARTICLE 8. MINORITY BUSINESS ENTERPRISES/WOMEN'S BUSINESS ENTERPRISES (MWBEs) 1. PERFORMING PARTY shall take steps to encourage participation by minority business enterprises and women's business enterprises (MWBES) 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 TCEQ in the federal grant or grants funding this Contract, and submit information regarding its subcontracts with MBE/WBEs on forms provided by the TCEQ. 3. PERFORMING PARTY agrees that qualified MWBEs shall have the maximum practicable opportunity to participate in the performance of the Work required under this Contract through possible subcontracts to carry out portions of the Work and by way of goods and/or services procurement contracts that directly support the required Work. 4. PERFORMING PARTY will submit a completed HUB PROGRESS ASSESSMENT REPORT with each reimbursement request submitted. At a minimum this report shall include the name of the MWBE, a description of the work, services or materials provided, the amount paid to the MWBE, and the name and telephone number of a contact person within the MWBE. 5. The PERFORMING PARTY shall conduct the following actions in connection with solicitations for subcontractors and for suppliers (vendors) of contract-required goods and/or services: 5.1. Place qualified MWBEs on solicitation lists for subcontractors and vendors; 5.2. Assure that at least three (3) MWBEs are solicited whenever they are potential sources for subcontractor-performed work or vendor-provided goods and/or services; 5.3. Each solicitation shall include a copy of the specifications,adequate information about the plans, Scope of Service, and requirements of the work to be subcontracted or the goods and/or services to be procured,and shall provide sufficient time to allow all interested parties the opportunityto participate effectively; 5.4. Records of solicitations for subcontractor and/or vendor services, including the responses received from potential MWBE subcontractors and vendors, shall be maintained and reported to TCEQ; 5.5. Submit explanatory information in cases where bids were not solicited prior to obtaining the services of subcontractors or vendors, or where a MWBE was low bidder but the subcontract or procurement contract was awarded to a non MWBE; 5.6 Divide total subcontractor or vendor requirements,when economically feasible,into smaller tasks orquantities to permit maximum participation by such business enterprises;if sufficient subcontracting or goods and/or service provider opportunities are not available, PERFORMING PARTY shall submit explanatory information to TCEQ; 5.7. Establish delivery schedules, where requirements permit, which encourage participation by MWBEs; 5.8. Utilize the Texas General Services Commission (GSC) Centralized Master Bidders List(CMBL) and Historically Underutilized Business(HUB)Directory(<http://www.gsc.state.tx.us>)and the services and assistance of the Small Business Administration and the Minority Business Development Agency Contract#582-5-55866 17 of the U.S. Department of Commerce (<http://www.doc.gov>) when searching for MWBE subcontractors and/or vendors; and 5.9. Require its subcontractors to take the actions listed in 5.1 - 5.8 of this Article in all of its subcontracts that contemplate the letting of lower-tier subcontracts. ARTICLE 9. PROHIBITION USE OF FEDERAL FUNDS FOR LOBBYING AND LITIGATION Contractor agrees that none of the funds paid under this Contract will be used to engage in the lobbying of the Federal Government or in litigation against the United States unless authorized under existing law. 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C O CO mn C a) C3 m [0 O ? � CO ? �' CO U O N Et 4-- Q d N d O M = � M y p� C 0 C E a CO U � U o v v E � = o - 4) C acid `0 c ro °' �m c rn U a s " U Eo � 2 E C Z O cn c -> C7 m 3 c 0 d °� J N _p o Y o ., U U 10 oa O 2 c c N U m o c 00 > *' Z o o N v W d3 LO w 0 m U QEL m L2) C O 0 � c CV 0 C 3- a) om `LO O U c ai �' 0 0 0 rn 0) v .0 c p p � � in C C U CD O N O 0) .0 U yo c � _� E E E > > °' aa)i `amc E Eh z Z a m = z `� Eap z o ¢ > ODo a� E U NVL Q Q d d' In In In In In (D CD CCl' C C sv Exhibit C HUB Progress Assessment Report (PAR) Part A. Identifying Information. 1.TCEQ Contract No.: 2.Your Invoice No.: 3.Work Order No. (if applicable) 4. For work completed between / / and 5. Prime Contractor("You"): 6. Prime Contractor Vendor ID#: 7. Contact: 8. Phone: ( ) - 9. Is the Prime Contractor a Texas certified HUB and performing at least 25%of the total value of the contract? Yes_ No_ Part B.Invoice and HUB Subcontracting Information. 10. D If you have used no subcontractors this period, check here. Value of this subcontractors Name and Address of Vendor ID participation for this HUB Subcontractor No. Type of HUB Provided*: invoicing period D MBE D Services $ D WBE D Commodities D MBE D Services $ D WBE D Commodities Total $ 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. 11.Total of invoice: $ 12.Total of invoice from certified HUB subcontractors: $ 13. Percent of HUB expenditures for this invoice: % (line 11=line 10)x100 Part C.HUB Subcontracting Information 14.Total amount invoiced to date: $ 15.Total HUB expenditures for contract to date: $ 16. Percent of HUB expenditures for contract to date: % (line 15-linel4)xl00 17. HUB subcontracting goal for this contract: % Part D.Affirmation.The information provided on this form is complete and correct. Your representative must sign here: 18. Signature: 19. Date: Part E.Other Information. For TCEQ use only. (Project manager.- Complete this box and sign.) Type of funding: ❑State ❑ Federal D Both Index: COBJ: Fund No. Date In: / / PCA Code(s) Check if prime contractor is one of the following: Signature: D River Authority D COG ❑ Local govt. D Interlocal Contract#582-5-55866 25 General Information The purpose of this form is to help the Texas Commission on Environmental Quality(TCEQ;"us")to track the value of business we do with Texas- certified"historically underutilized businesses"(HUBS)and federally designated"minority-or woman-owned business enterprises"(MWBEs).In this form,the acronym"HUB"refers to both of these classes of businesses. Do I Have to Complete This Form? If we have awarded you a contract to provide us with professional services,other services,or commodities and your contract contains a subcontracting plan,then you must complete this form each time you submit an invoice or set of invoices to us—even if no subcontracting occurred during the period covered by these invoices. If you are a HUB,you must perform at least 25 percent of the total value of the contract with your own or leased employees as defined by the Internal Revenue Service in order for the agency to receive 100 percent HUB credit for the entire contract.You may subcontract up to 75 percent of the contract with HUBS or non-HUB subcontractors,but you must report to us the value—both dollar amount and percentage--of your contract that was actually performed by you and your subcontractors during each invoicing period. Where Do I Turn This Form In? When you have completed this form,attach it to your invoices and submit it to our project manager for your contract. Where Can I Get More Answers? If you have any other questions,call the project manager named on your contract or our HUB Program Director (512/239-1273). Definitions These brief definitions may help you complete this form.For terms where a full legal definition may be helpful,we have cited the rule or law that gives that definition.. Commodities—materials,supplies,or equipment.May include consumable articles(for example,office supplies)or durable items(for example, computers,furniture,or equipment). Other services—all services other than construction and professional services,including consulting services(Texas Government Code,Chapter-2254, Subchapter B). Prime contractor(or"prime"1—any business,agency,or individual who provides commodities or services to us under a purchase order or other contract. Professional services—services of accountants,architects,engineers,land surveyors,optometrists,and physicians(Texas Government Code,Chapter 2254,Subchapter A). Services—(1)functions performed for us by an outside source—for example,equipment repair,consulting,hazardous waste disposal,or work by short- term temporary employees. (2)similar functions performed for the prime contractor by an outside source. Subcontractor—any business,agency,or individual(other than an employee)who provides commodities or services to the prime contractor. Total contract(Item 14)—on this form,total value of your contract with us,including all monetary amendments,if any. Vendor ID No.—the 11-digit taxpayer identification number assigned to this subcontractor by Comptroller of Public Accounts.The subcontractor should be able to provide you with this number. Instructions 1.TCEQ Contract No.-Enter the contract number we have assigned to this contract.This number appears on the first page of the contract 2.Your Invoice No.-Enter your invoice number for each invoice you are submitting with this form. 3.Work Order No.-If applicable,enter your work order number for the site,phase,or program. 4.For work completed between-Enter the period of time in which the work covered by these invoices was carried out. Contract #582-5-55866 26 5.Prime Contractor-Enter the name of the contractor to which we awarded this contract. 6. Prime Contractor Vendor ID#-Enter the 13-digit vendor identification number the Comptroller of Public Accounts has assigned the prime contractor. 7. Contact-Enter the name of the person authorized to complete this form for the prime contractor.We will contact this person if we have ani questions about the information you have provided on this form. 8. Phone-Enter the phone number at which we can reach the contact person named in Item 7. 9. This percentage is applicable only when the prime contractor is a HUB. 10.HUB Subcontractor Information-First column—Enter the complete name of each HUB subcontractor.Enter information about this HUB subcontractor in the remaining columns of this row. Second column—Enter the 13-digit vendor identification number the Comptroller of Public Accounts has assigned to this HUB subcontractor. Third column—You have three options: • If this subcontractor is a minority-owned business enterprise,check"MBE." • If this subcontractor is a woman-owned business enterprise,check"WBE." • If this subcontractor qualifies as both an MBE and a WBE,check both boxes. Fourth column—Indicate,by checking the appropriate box,whether the subcontractor provided services or commodities.(If both,check "services"only.) Fifth column—Enter the total of all invoices attached for this HUB subcontractor. 11.Total of invoice-Enter the total of all attached invoices 12.Total of invoice from certified HUB subcontractors-Enter the total amount of all attached invoices from HUBS. 13.Percent of HUB expenditures for this invoice-Use the instructions on the PAR form to calculate the percentage of this invoice that HUB subcontractors have completed. 14.Total amount invoiced to date-Enter the total of all invoices you have submitted to us to date for this contract,including the invoices attached to this PAR form. 15.Total of HUB expenditures on contract to date-Enter the total of all HUB subcontractor invoices for this contract to date. 16.Percent of HUB expenditures for contract to date-Use the instructions on the PAR form to calculate the percentage of this contract that HUB subcontractors have completed to date. 17.HUB Subcontracting goal for this contract-Your HUB goal is stated as a percentage in your contract.Enter your HUB goal here. 18.Signature-The person named in Item 5 must sign here as the representative of the prime contractor. 19.Date-Enter the date you completed this report. Contract#582-5-55866 27 Exhibit D United States Environmental Protection Agency Washington,DC 20460 Certification Regarding Debarment, Suspension,and Other Responsibility Matters The Prospective participant certifies to the best of its knowledge and belief that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment,declared ineligible,or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this Offer been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft,forgery, bribery,falsification or destruction of records,making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal,State,or local) with commission of any of the offenses enumerated in paragraph (b) of this certification; and (d) Have not within a three-year period preceding this application/Offer had one or more public transactions (Federal,State,or local) terminated for cause or default. I understand that a false statement on this certification may be grounds for rejection of this Offer or termination of the award. In addition,under 18 USC Sec. 1001, a false statement may result in a fine of up to $10,000 or imprisonment for up to 5 years,or both. C14 ARL.,ES -Bo5 W Eu_ , A 5 ST, C_i i q MhnJER, Typed Name & Title of Authorized Representative (2, Signature of Authorized Representative Date ❑ I am unable to certify to the above statements. My explanation is attached. EPA Form 5700-49 (11-88) Contract#582-5-55866 28 LOWER TIER EPA United States Environmental Protection Agency Washington,DC 20460 Certification Regarding Debarment, Suspension, and Other Responsibility Matters The Prospective participant certifies to the best of its knowledge and belief that it and its principals: (a) Are not presently debarred, suspended,proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this Offer been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State,or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements,or receiving stolen property; ©) Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State,or local) with commission of any of the offenses enumerated in paragraph (b) of this certification; and (d) Have not within a three-year period preceding this application/Offer had one or more public transactions (Federal, State, or local) terminated for cause or default. I understand that a false statement on this certification may be grounds for rejection of this Offer or termination of the award. In addition,under 18 USC Sec. 1001, a false statement may result in a fine of up to $10,000 or imprisonment for up to 5 years, or both. Typed Name & Title of Authorized Representative Signature of Authorized Representative Date ❑ I am unable to certify to the above statements. My explanation is attached. EPA Form 5700-49 (11-88) Contract#582-5-55866 29 Exhibit E TEXAS COMMISSION ON ENVIRONMENTAL QUALITY Release of Claims hereby releases the Texas Commission on Environmental Quality (TCEQ), its officers, agents, and employees from any and all future claims arising under or by virtue of TCEQ Contract Number 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 "retained" by TCEQ in accordance with said contract is requested. Executed on this day of , 20—. By: (signature) (name, typed or printed) (title) Contract#582-5-55866 30 Exhibit F PURPOSE AND APPLICABILITY OF THE COST OR PRICE SUMMARY (COST OR PRICE SUMMARY IS ATTACHED BELOW) The purpose of this form is to provide a simple form for the display of cost and price data. 40 CFR 33.290 requires the recipient to perform cost or price analysis for every procurement action, including subagreement modifications. This form is not required by EPA, but may be used at the recipient's option. If the recipient currently uses a cost and price analysis form which accomplishes the same objectives as this form, the recipient may use its own form. INSTRUCTIONS the reasons therefore, labor categories, rates and hours If this form is used, CAREFULLY READ AND FOLLOW should be identified on the attachment. Also included is ALL INSTRUCTIONS. Many items are not self- the cost of partners'or principals'time when they are explanatory. Attach additional sheets if necessary. directly engaged in services to be rendered under the subagreement. In case the full time of any employee is Use only the applicable portion of this form: not to be devoted to work to be performed under the subagreement, only the cost of actual time to be applied Part I is applicable to all subagreements. should be included. The compensation of a partner or Part II is applicable to all subagreements requiring a cost principal shall be included as direct cost only for the time analysis pursuant to EPA procurement regulations. that she/he is expected to be engaged directly in the Part III is applicable to all subagreements where review is performance of work under the subagreement and only if it based on price comparison (i.e., price analysis). is the firm's normal practice to charge such time directly to Part IV certification will be executed as required by the all jobs. The rate of compensation of a partner or principal instructions for each block. shall be commensurate with the cost of employing another qualified person to do such work, but the salary portion PART I -GENERAL shall not exceed the actual salary rate of the individual concerned. Distribution of profits shall not be included in Item 1 - Enter the name of the of the recipient as shown on the rate of compensation. the assistance agreement. Item 2- Enter the assistance identification number shown Enter in block 7 the categories of professional or technical on the assistance agreement(or assigned to the project, if personnel necessary to perform each major element of no assistance agreement has yet been executed). work under the subagreement scope of services. Estimate Item 3- Enter the name of the contractor or Subcontractor hours worked for each category and extend them by the with whom the subagreement is proposed to be executed. wage rates to be paid during the actual performance of the Item 4- Enter the date of the contractor's or work. Current rates, adjusted for projected increases, if Subcontractor's Offer to the recipient. any should be useful for the actual categories of labor Item 5- Enter the full mailing address of the contractor or contemplated. All projected increases should be Subcontractor. supported by recent experience or established personnel Item 6-Give a brief description of the work to be policy. Enter in the far right column the total estimated performed under the proposed subagreement. direct labor cost. Part II - COST SUMMARY Supporting records to be maintained by the contractor and which must be submitted or made available to the recipient This portion of the form is to be completed by the or EPA upon request include: contractor(or his/her Subcontractor)with whom a a. The method of estimating proposed hours worked. subagreement is a formally advertised, competitively bid, b. The computation techniques used in arriving at fixed price subagreement. proposed labor rates. c. The specific documents, books or other records used as Nothing in the following discussion should be interpreted factual source material to develop proposed hours worked as recommending the inclusion as direct costs any items and labor rates. normally treated as overhead costs in the firm's accounting d. Detailed rate computations which were used in or estimating system. 40 CFR Part 30 identifies general computing the information submitted on the form. cost principles applicable to subagreements under EPA assistance. Pursuant to that Part, all subagreements If in block 14a,the contractor has checked"No,"a brief awarded to profit-making organizations are subject to cost narrative description of the methods used in arriving at principles of 48 CFR 31.2.Architect engineer and items a though d above shall be included on an attached construction contracts are also subject to 48 CFR 31.105. sheet. Item 7- Direct Labor Item 8- Indirect Costs Indirect cost may consist of one or more pools of expenses Direct labor costs normally include salaries at a regular which are grouped on the basis of the benefits accruing to time rate. Overtime premiums should be identified the cost objectives represented by the distribution base or separately on an attachment. Incurrence of unanticipated bases to which they are allocated. Since accounting overtime costs requires the approval of the recipient at the practices vary,the use of particular groupings is not time of incurrence. If significant overtime is known to be required. Neither is the use of any particular allocation needed at the time of completion of the cost review form, base mandatory. However, it is mandatory that the method Contract#582-5-55866 31 used results in an equitable allocation of indirect costs period have elapsed, cost data for this period should be objectives which they support. included as one of the three period(s). Normally,the firm's accounting system and estimating b. Company budgets, budgetary cost data and overhead practices will determine the method used to allocate rates computations for future period(s). overhead costs. The firm's established practices, if in accord with generally accepted accounting principles and Item 9-Other Direct Costs PROVIDED THEY PRODUCE EQUITABLE RESULTS IN THE CIRCUMSTANCES,will generally be accepted. The following items are illustrative of costs normally Proposed overhead rates should represent the firm's best included in this category of costs: estimate of the rates to be experienced during the subagreement period. They should be based upon recent a. Travel cost, including transportation, lodging, experience and be adjusted for known factors which will subsistence, and incidental expenses incurred by influence experienced trends. personnel or consultants while in travel status in connection with the performance of services required by Common overhead groupings are overhead on direct labor the contract. The cost principles generally require the use and general and administrative expenses. The first of less than first class air accommodations and also limit groupings usually include employment taxes, fringe the cost of private aircraft. benefits, holidays,vacation idle time, bonuses, applicable and direct labor,etc. The second generally includes the b. Equipment, Materials, and Supplies remaining costs,which, because of their incurrence for common or joint objectives, are not readily subject to (1) Long distance telephone calls, telegraph and cable treatment as direct costs. It is expected, however,that expenses to be incurred in connection with the Offer groupings will correspond with the firm's normal performance of services required in connection the method for accumulating indirect costs. (Under some subagreement. accounting systems,the first grouping would be included instead under item 7.) No special categorization is (2) Reproduction costs, including blueprints, black and required, provided the results are realistic and equitable. white prints, ozalid prints,photographs,photostats, negatives;and express charges. Direct salaries are the normal distribution base for overhead cost but in some circumstances other bases (3) Commercial printing, binding, artwork, and models. produce more equitable results. As in the case of overhead cost groupings,the method to be used will (4) Special equipment. depend upon the firm's normal practices and the equity of the results produced in the circumstances. c. Subcontractors In the case of multibranch firms,joint ventures, or affiliates, d. Other Direct costs, if any, not included above. it is expected that overhead costs applicable to specific location(s)where work is to be based on cost data from Enter in blocks 9a-d all other direct costs proposed. Travel the most recent fiscal periods updated to reflect changes costs entered must be supported by an attachment which in volume of business or operations. identifies the number of staff trips proposed and the estimated cost per staff trip for both local and long Enter in block 8 the indirect cost pools normally used by distance transportation. The number of days and the rate the firm for allocation of indirect costs. Enter indirect cost per day must be provided to support the per diem shown. rate for each pool and extend each one by the rate base to Each Subcontract and consultant agreement must be which it applies to arrive at the estimated indirect costs to identified separately in block 9c. be incurred during the actual performance of the work. If the indirect labor total from block 7 is not used as the rate Enter in the far right column on line 9e the total of all other base for any of the indirect cost pools, the rate base used direct costs (9a-d). must be explained on an attached sheet. Supporting data to be maintained by the contractor and A brief narrative statement outlining the firm's policies and which must be submitted or made available to the recipient practices for accumulating indirect costs. Enter the or EPA upon request include: indirect cost rate costs and the method used to compute the proposed rate or rates shall accompany the form. a. basis for other direct costs proposed. Include comment on the firm's policies regarding the pricing and costing of principals'time. The normal b, factual sources of costs, rates, etc., used in computing accounting treatment of principals'salaries, the annual proposed amount of each cost element. amounts, and the hourly charge rate, if used, should be discussed. Item 10 -Total Estimated Cost Enter in the far right column the total estimated indirect Enter the total of all direct labor, indirect costs and other costs. direct costs from items 7, 8, and 9. Supporting records to be maintained by the contractor and Item 11 -Profit which must be submitted or made available to the recipient or EPA upon request include: A fair and reasonable provision for profit cannot be made by simply applying a certain predetermined percentage to a. Detailed cost data showing overhead accounts, the total estimated cost. Rather,profit will be estimated as allocation bases, and rate computations for the preceding a dollar amount after considering: fiscal period. If more than six months of the current fiscal Contract#582-5-55866 32 a. degree of risk. b. nature of the work to be performed. s c. extent of firms investment. personal knowledge of the contractor's negotiator if the d. Subcontracting of work, and time of agreement,showing that the negotiated price is not based on complete, current, and accurate data. e. other criteria. (3) Enter the date of signature. This date should The Federal Acquisition Regulation cost principles applicable be as close as practicable to the date when the price to subagreements with profit-making organizations(40 CFR negotiations were concluded and the subagreement 31.2 and 31.105)disallow certain types of costs which are price was agreed to(not to exceed 30 days). sometimes incurred by firms in the normal conduct of their business. Examples of costs which are not allowable under Item 15- Recipient Reviewer- FOR USE BY these costs principles include, but are not limited to, RECIPIENT ONLY. entertainment, interest on borrowed capital, and bad debits. Because the Government considers "profit"to be the excess of If required by applicable assistance regulations,the price over allowable costs, such computation can indicate a recipient must submit the signed form for EPA review higher profit estimate than the firm's experienced profit as it prior to execution of the subagreement. customarily computes it. The contractor may separately disclose to the recipient its customary computations. Item 16- EPA Reviewer- FOR USE BY EPA ONLY. Enter the dollar amount of profit in block 11. Item 12-Total Price Enter the total of items 10 and 11. Part III - PRICE SUMMARY This portion of the form is for use by a recipient when price comparison, i.e., price analysis, is used for subagreement review. It may also be used by a contractor when price comparison is used as a basis for award of a Subcontract. Item 13-Competitor's Catalog Listings, In-House Estimates, Price Quotes Enter sources of all competitive bids or quotes received, or catalogs used and their prices, or in-house estimates made, if appropriate,for comparison. Attach additional sheets if necessary, particularly for purchases of several different items. Enter in the far right column the proposed price for the subagreement. Part IV- CERTIFICATIONS Item 14-Contractor- FOR USE BY CONTRACTOR OR SUBCONTRACTOR ONLY. Complete this block only if part II has been completed. Enter the specific cost principles with which the costs summary of Part II conforms. Cost principles applicable to subagreements with various types or organizations are identified in 40 CFR Part 30.4010. Cost principles applicable to subagreements with profit-making organizations are those at 48 CFR 31.2 and, for architect-engineer or construction contracts, 48 CFR 31.105. c. (1) Describe the Offer, quotation, request for price adjustment, or other submission involved, giving appropriate identifying number(e.g., RFP No. ). (2) Enter the date when the price negotiations were concluded and the contract price was agreed to. The responsibility of the subagreement is not limited by the Contract#582-5-55866 33 1Y �` Form approved n EPA OMB No.2030-0011 COST OR PRICE SUMMARY Approval expires 10-31-86 see accompanyinginstructions before completing this form PARTI-GENERAL 1.RECIPIENT 2.ASSISTANCE IDENTIFICATION NO. 3.NAME CONTRACTOR OR SUBCONTRACTOR 4.DATE OF PROPOSAL 5.ADDRESS OF CONTRACTOR OR SUBCONTRACTOR(Include ZIP Code) 6.TYPE OF SERVICE TO BE FURNISHED TELEPHONE NUMBER(Include Area Code) PART II-COST SUMMARY 7.DIRECT LABOR(specify labor categories) ESTIMATED HOURLY ESTIMATED HOURS RATE COST TOTALS DIRECT LABOR TOTAL: $ ESTIMATED 8.INDIRECT COSTS(Specify indirect costpool) RATE x BASE = COST $ $ INDIRECT COSTS TOTAL. $ 9.OTHER DIRECT COSTS ESTIMATED a.TRAVEL COST (1)TRANSPORTATION $ (2)PER DIEM $ TRAVEL SUBTOTAL: $ ESTIMATED b EQUIPMENT,MATERIALS,SUPPLIES(Specity categories) QTY COST COST EQUIPMENT SUBTOTAL: ESTIMATED c.SUBCONTRACTS COST SUBCONTRACTS SUBTOTAL: $ ESTIMATED d,OTHER(Specify categories) COST OTHER SUBTOTAL: $ e.OTHER DIRECT COSTS TOTAL: $ 1030TAL ESTIMATED COST $ 11.PROFIT $ 12.TOTAL PRICE $ PART III-PRICE SUMMARY 13.COMPETITOR'S CATALOG LISTINGS, IN-HOUSE ESTIMATES, PRIOR QUOTES MARKET PROPOSED Indicate basis for price comparison) PRICES PRICE Contract#582-5-55866 34 � R $ PART IV-CERTIFICATIONS 14 CONTRACTOR 14a. HAS A FEDERAL AGENCY OR FEDERALLY CERTIFIED STATE OR LOCAL AGENCY PERFORMED ANY REVIEW OF YOUR ACCOUNTS OR RECORDS IN CONNECTION WITH ANY OTHER FEDERAL ASSISTANCE AGREEMENT OR CONTRACT WITHIN THE PAST 12 MONTHS? YES❑ NO(If'Yes'give name,address,and telephone number of reviewing office) 4b. THIS SUMMARY CONFORMS WITH THE FOLLOWING COST PRINCIPLES 4c. This proposal is submitted for use in connection with and in response to: (1) This is to certify to the best of my knowledge and belief that the cost and pricing data summarized herein are (2)DATE complete,current,and accurate as of: I further certify that a financial management capability e)dsts to fully accurately account for the financial transactions under this project.I further certify that I understand that the subagreement price may be subject to downward renegotiation and/or recoupment where the above cost and pricing data have been determined,as a result of audit,not to have been complete,current,and accurate as of the date above. 3)TITLE OF PROPOSER SIGNATURE OF REVIEWER DATE OF EXECUTION 5. RECIPIENT REVIEWER I certity that I have reviewed the cost/ rice summary set forth herein and the proposed cost/ rice appear acceptable for suba reement award. 'ITLE OF PROPOSER SIGNATURE OF REVIEWER DATE OF EXECUTION 6. EPA REVIEWER 'ITLE OF PROPOSER SIGNATURE OF REVIEWER DATE OF EXECUTION Contract#582-5-55866 35 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 8/10/2004 - Ordinance #16069 DATE: Tuesday, August 10, 2004 LOG NAME: 52PM2.5MONITORS REFERENCE NO.: **C-20204 SUBJECT: Approval of Interlocal Agreement with the Texas Commission on Environmental Quality for the Operation of Local Air Pollution Monitors RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to execute an interlocal agreement with the Texas Commission on Environmental Quality (TCEQ) for the operation of local air pollution monitors at five sites. The agreement amount is $ 86,000.00 for FY 2004-2005; and 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Fund by $ 86,000.00 in FY 2004-2005, subject to receipt of an executed interlocal agreement. DISCUSSION: In 1998 the United States Environmental Protection Agency revised its measurement standards for Particulate Matter (PM) emissions into the atmosphere. Since FY 1999-2000, the Texas Commission on Environmental Quality has contracted with the City for operation and maintenance of the monitoring equipment they provide for six PM monitoring stations. The City will be responsible for retrieving the sampling data, sending it for analysis and performing regular maintenance activities on the equipment under the terms of this contract. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that upon approval of the above recommendations and adoption of the attached appropriations ordinance, funds will be available in the current operating budget, as appropriated, of the Grants Fund. TO Fund/Account/Centers FROM Fund/Account/Centers GR76 451543 052412957000 $86,000.00 GR76 5(VARIOUS) 052412957010 $86,000.00 Submitted for City Manager's Office by: Charles Boswell (8511) Originating Department Head: Brian Boerner (6647) Additional Information Contact: Brian Boerner (6647) Logname: 52PM2.5MONITORS Page I of I