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HomeMy WebLinkAboutContract 40719GTY SECRETARY CONTRACT NO. Texas Commission on Environmental Quality Intergovernmental Cooperative Reimbursement Agreement with Federal, State and Local Governments Cl" Agencies CONTRACT SIGNATURE PAGE Contract Name PM2.5 Monitoring 582-1 1 -86421 Contract Number Performing Party City of Fort Worth 17560005286001 Performing Party Identification Number Maximum TCEQ Obligation: $ 30,712.66 Effective Date: 9/1/10 or Date of last Expiration Date: 8/31/11 signature, whichever is later. The Texas Commission on Environmental Quality (TCEQ), an agency of the State of Texas, and the named Performing Party, a governmental body, agency, or political subdivision of: the United States, the State of Texas, or another State, enter this agreement (Contract) to cooperatively conduct authorized governmental functions and activities under the laws of the State of Texas, including, without limitation, the Interagency Cooperation Act, the Interlocal Cooperative Act, and Texas Water Code §§ 5.124 and 5.229. The Parties agree: to be effective, the Contract must be signed by an authorized official of the TCEQ and the Performing Party; as authorized by TCEQ, Performing Party will conduct Contract Activities as part of its own authorized governmental functions and TCEQ will reimburse Allowable Costs subject to the Texas Uniform Grant Management Standards and this Contract; the Performing Party is not a vendor of goods and services under Texas Government Code Chapter 2251, therefore, no interest is applicable; and the Contract may be terminated by TCEQ for its own convenience with 30 days written notice. Parties to the Contract: Texas Commission on Environmental (Performing Party) Quality (TCEQ) City of Fort Worth By (Authorized Signature) Printed Name: David W. Bower, P.G. Fernando Costa Title: Director, Field Operations Support Assistant City Manager Division Date of Signature: Contract Manager Name Kristin Bourdon T. C. Michael Contact Numbers 512/239-0883 817-392-5455 Procurement and Contracts Representative Printed Name Alfred Chaney Date ii`;IALRECI Version: 01/16/2008 CITY SECRETARY FT. WORTH, TX 07-22-10 P02:50 IN Texas Commission on Environmental Quality Contract 582-1146421 APPROVED AS TO FORM &LEGALITY: Title: Assistant City Attorney ATTEST: Printed Name: Marty Hendrix rye (�� C Title: City Secretary �tyg Date: t M & C: t���iCIkZ RECORD CITY SECRETARY FT. WORTH, TX � Contract Name: PM2.5 Monitoring TCEQ Contract Number: 582-I Iw86421 Intergovernmental Cooperative Reimbursement Contract CONTRACT DOCUMENTS The entire Contract between TCEQ and Performing Party is composed of the Contract Documents listed on this page and marked by an 'X" A listed document includes all amendments. The terms "Contract" and "Grant Agreement" include all the Contract Documents. In the event of a conflict of terms, the Contract Documents as amended control in the descending order of the list, subject to provisions in the Special Terms and Conditions, if any. All contract provisions, however, are subject to control by the latest amendment and most specific provision and by the applicable state and federal laws, rules, and regulations. X Contract Signature Page X Special Terms and Conditions X Federal Section (Including Federal Conditions and Completed Forms) Documents Created During the Contract: Work Orders/Proposal for Grant Activities. For umbrella contracts/grants, the following order takes precedence, with the most important first; all of which are subject to control by the latest amendment: Work Order/Proposal for Grant Activities Notice to Proceed/Notice to Commence TCEQ Approved Work Plan/Grant Activity Description X Contract Activities ("Scope of Work") TCEQ - Approved Work Plan / Performing Party Proposal Work Order Section X General Terms and Conditions X Contract Budget / Schedule of Fixed Cost for Reimbursement X Project Representatives and Records Location X Attachment A - Financial Status Report Form X Attachment B — Prime Contractor Progress Assessment Report Form and Instructions X Attachment C - Release of Claims Form X Attachment D — TCEQ and Local Program PM.2.5 and PM10 Network Spreadsheet crTY SECRETARY TEXAS COMMISSION ON ENVIRONMENTAL QUALITY Enter -Governmental Cooperative Reimbursement Agreement with Federal, State and Local Governments and Agencies CONTRACT ACTIVITIES I. FACTS/PURPOSE A. Overview &Purpose The Texas Commission on Environmental Quality (TCEQ) is seeking to contract for the services necessary for the operation, maintenance and data review (collection) for PM 2.5 samplers. Refer to Attachment D (TCEQ and Local Program PM.2.5 and PM10 Network Spreadsheet) for specific site information. B. The Performing Party will adopt and perform all duties as specified in the TCEQ Quality Assurance Project Plan (QAPP) for Air Monitoring in Texas for State and Local Air Monitoring Station (SLAMS)/Border, Particulate Matter of 2.5 Microns and Smaller (PM2.5) and Photochemical Assessment Monitoring Station (PAMS) Programs and all applicable Standard Operating Procedures (SOP) and Preventive Maintenance Instructions (PMI) for the specified instruments. II. TCEQ RESPONSIBILITIES/DESIGNATION OF STAFF A. TCEQ Responsibilities 1. Provide all equipment, postage, utilities, and supplies including computer hardware and software as necessary to perform operation, maintenance, and troubleshooting of all air monitoring equipment at the station. 2. Provide all documentation for operation, maintenance, and troubleshooting of all air monitoring equipment at the station. 3. Provide instrument audits in accordance with the TCEQ audit schedule. 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 (1) audit per year should be expected. More frequent audits will occur if significant or persistent data quality issues occur. 4. Provide all data validation and data management functions. 5. Maintain ownership of all equipment. B. Designation of Staff: The TCEQ Contract Manager is Kristin Bourdon, 512/239-0883. TCEQ staff wlll be made available in her absence. III. PERFORMING PARTY RESPONSIBILITIES A. Adopt and perform all duties according to the current TCEQ Quality Assurance Project Plans (QAPPs). The Performing Party will be required to sign an acknowledgment form attesting to their receipt and understanding of the TCEQ QAPPs. PERFORMING PARTY shall be responsible for obtaining copies of all applicable QAPPs from TCEQ. B. Make routine visits to the site to check on systems operation and perform preventive maintenance at least once a week. Document all activities in the electronic log or hard copy log if no electronic log is available. C. Contact TCEQ Project Manager or her designees before any instrument adjustments are m g to minimize possible instrument failure. D. Provide appropriate response within a timely manner (not to exceed two i (2),buslnes§4dgys.). tQy FT. WORTH, TX PAGE 3 OF 48 TCEQ staff regarding the air monitoring station operation, maintenance, and data validation issues. E. Identify its Project Representative, who is the person authorized to receive directions from the TCEQ. The Project Representative must be knowledgeable in the planning, content, and subject matter being addressed in this monitoring program. The Representative must possess decision making ability and authority. F. Provide phone, fax, email, pager, and physical address of all project representatives. Must provide immediate updates when any information changes. G. The Performing Party will provide competent personnel with a cell phone or pager and a vehicle to provide on -site service. H. In the case where an equipment failure requires a site visit, the Performing Party agrees to make the visit on the same day, if possible, or at least on the next working day in order to minimize data loss. I. Provide a quarterly report for any TCEQ fiscal year quarter that the data completeness for the air monitoring station is less than 85%, or when there are more than two consecutive invalid samples for noncontinuous filter -based samplers, or more than 120 hours of continuous data loss including the cause within 30 days after the end of the quarter. J. May be required to travel from the site to Austin to exchange broken equipment, pick up supplies (for this service), or attend training. K. 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 Contract. It is the responsibility of the Performing Party to identify and obtain any necessary safety training. The Performing Party must have a thorough understanding of ambient air monitoring for particulates of 2.5 microns or smaller and at least six (6) months of "hands on" experience using the Thermo (formerly Rupprecht & Patashnick) Model 2025 Sequential and Thermo Tapered Element Oscillating Microbalance (TEOM), PM2.5 samplers. IV. DESCRIPTION OF DELIVERABLES A. TASK 1: PM2.5 monitoring operation, maintenance, QA/QC, data review as per the Standard Operating Procedures (SOP's). B. TASK 2: Perform operation, maintenance, QA/QC, data review, shipment/receipt of filters from the lab and preparation of Chain of Custody sheets per SOP's from TCEQ. C. TASK 3: The Performing Party must maintain records that include the sampler electronic data files, electronic or hard copy daily activity logs (where electronic logs are not available), hard copy "print outs" related to media Chain of Custody (COC), sampler operation verification, sampler calibration, quality control checks of sampler, any audit reports, site visit check lists, and cold storage records. D. TASK 4: 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 must include: 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 or electronic logs (where available) must be maintained to verify the trail of activities associated with each filter. V. SCHEDULE OF DELIVERABLES: A. The Chain of Custody sheets for each sampler must be adhered to for the Model 2025 samplers. B. The samplers must be visited at least once per week or as often as necessary to maintain the sampling schedule. C The monthly and quarterly check reports must be submitted to the Project QA/QC Officer within twelve (12) days after the end of the month/quarter. D. Submit quarterly reports of any data loss greater than 15% or for > 120 hours of continuous data loss for continuous samplers or more than two consecutive invalid samples by the 15"' of the month following the TCEQ fiscal year quarter. The report must include the cause for the data or sample loss. VI. ACCEPTANCE CRITERIA A. A minimum of an 85% monthly data return Cl"d no more than two (2) consecutive invalid samples for noncontinuous filters -based samplers, or no more than 120 hours of continuous data loss for continuous monitors is required or documentation when completeness was not achieved. B. Provide reports within the timeline specified. PAGE 5 OF 48 PAYMENT PROCEDURES ARTICLE L 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. Payments frorn the TCEQ to the PERFORMING PARTI' are for reimbtnsement of PERFORMING PARTY's actual allowable costs of PERFORMING PARTY's performance. Actual costs include reasonable and necessary direct and indirect costs. Allowable costs are those deemed allowable by the TCEQ in accordance with the requirements of this Contract. The maximum amount to be reimbursed is based on the Contract Budget Sheet attached in Article 22.1. 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 orderto obtain payment for tasks completed under this Agreement. The PERFORMING PARTY shall complete a quarterly HUBWAIBE PROGRESS ASSESSMENT REPORT, incorporated as Attachment B, and submit this Report with each quarterly invoice and voucher. Completed vouchers, invoices, and reports shall be mailed or delivered to the following address: Athl: Kristin Botu•don Texas Commission on Environmental Quality Field Operations Support Division, MC-165, Bldg. B. P.O. Box 13087 Austin, TX 78711 -3 087 b. The TCEQ will review the purchase vouchers, invoices; for requests for payment for services performed as identified above in Section A. ofthis article and as required in the Deliverables. 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 reinnbtu•sementregiest from the PERFORMING PARTY until the TCEQ receives fi•onn 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 requu•ed by this Agreement until the PERFORMING PARTI' satisfactorily completes, revises, or corrects such services or reports. e. Failure on the part of the PERFORMING PARTY to comply with the conditions set fon-th in this Agreementmay be grounds for termination ofthis 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. PAGE 6 OF 48 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 fiend 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. SPECIAL TERMS AND CONDITIONS 1. These conditions add to, or in the case of conflicts, supersede and take precedence over the general conditions set forth in this agreement. 2. Contract Period, This Contract Agreement shall commence when fully executed, or on September 1, 2010, whichever is later, and shall terminate on full performance, which is due on August 31, 2011, unless terminated early or renewed in accordance with the terms of the Contract. TCEQ may renew this Contract for three (3) additional periods of twelve (12) months each. 3. Pricing must remain firm for the initial term of the Contract. 4. TCEQ reserves the option to add or subtract like items or services, including additional site locations during the term of the Contract including any renewals and/or extensions. PAGE 8 OF 48 GENERAL TERMS AND CONDITIONS 1. CONTRACT PERIOD. 1.1 Contract Period. The Contract begins on the Effective Date and ends on the Expiration Date as provided on the Signature Page of this Contract (Contract Period). If no Effective Date is provided, the Effective Date of the Contract is the date of last signature. If no Expiration Date is provided, the Expiration Date is August 31 of the same Fiscal Year in which the Contract is signed. 1.2 Renewal and Extension Period. The Contract may be extended by notice of TCEQ beyond expiration of a Contract Period for up to 90 days (Extension Period) during which the parties may agree on a written amendment to extend the Contract for a longer period. Renewals and extensions do not extend any other deadlines or due dates other than the expiration of the Contract Period, 1.2.1 This Contract is not subject to competitive procurement or grant regulations, and may be amended for Renewal as needed. 2. DEFINITIONS 2.1 "Include." The word "include" and all forms such as "including" mean "including but not limited to" in the contract and in documents issued in accordance with the contract, such as Work Orders (or Proposals for Grant Activities). 3. AUTHORIZATION. The Performing Party must obtain a written Notice to Proceed from the TCEQ Contract Manager to start activities. Any performance of the activities prior to the Notice to Proceed is not reimbursable. At its option, TCEQ may issue a limited Notice to Proceed to authorize reimbursement for a portion of the activities. 4. FUNDS. 4.1 Availability of Funds. This Contract and all claims, suits or obligations arising under or related to this Contract are subject to the receipt and availability of funds appropriated by the Texas Legislature for the purposes of this Contract or the respective claim, suit or obligation, as applicable. 4.1.1 Performing Party will ensure that Article 4.1 is included in any subcontract it awards. 4.2 Amount Limits on Funds. The maximum reimbursement is shown on the Contract Signature Page. 4.3 Grants. If this Contract was entered under the TCEQ authority to award grants, TCEQ is providing financial assistance to the recipient to undertake its own project. 5. ALLOWABLE COSTS. 5.1 Conforming Activities. TCEQ will reimburse the Performing Party for Allowable Costs incurred and paid by the Performing Party in performance of conforming Contract Activities. Allowable Costs are those costs for conforming Contract Activities that are reasonable, necessary, actual, and authorized by this Contract and a Notice to Proceed. Contract Activities must be authorized in writing to be eligible for reimbursement. 5.2 UGMS, Allowable Costs are restricted to costs that comply with the Texas Uniform Grant PAGE 9 OF 48 Management Standards (UGMS) and additional state and federal rules and law. The text of UGMS is available online at the Governor's Website. (The link as of April 22, 2010 is http://www governor state tx us/files/state-grants/UGMS062004.doc,) The parties agree that all the requirements of the UGMS apply to this Contract, including the criteria for Allowable Costs. TCEQ Allowable Expenditures Guidelines provide additional information as to the construction of UGMS. Additional federal requirements apply when federal funds are included in the reimbursement. 6. REIMBURSEMENT. 6.1 Reimbursement Request Deadline. Performing Party shall submit all requests for payment to TCEQ prior to July 15 of the second fiscal year following the fiscal year, for which the appropriation is made. 6.2 Reimbursement Requests. Performing Party shall invoice TCEQ to request reimbursement for its Allowable Costs for performing the Contract Activities, Performing Party's invoice shall conform to TCEQ's reimbursement requirements. 6.3 Travel, Other Costs. Travel costs must be specifically authorized in advance of the travel. Travel costs, including per diem, will be reimbursed only in the amount of actual costs, up to the maximum allowed by law for employees of the State of Texas at the time the cost is incurred. 6.4 Supporting Records. Performing Party shall submit records and documentation to TCEQ as appropriate for the review and approval of reimbursing costs. At a minimum, Performing Party shall submit supporting records with its invoices; TCEQ may reject invoices without appropriate supporting documentation. TCEQ has the right to request additional documentation. Performing Party shall maintain records subject to the terms of this Contract. 6.5 Conditional Payments. Reimbursements are conditioned on the Contract Activities being performed in compliance with the Contract. Performing Party shall return payment to TCEQ for either overpayment or activities undertaken that are not compliant with the Contract Activities. This does not limit or waive any other TCEQ remedy. 7. FINANCIAL RECORDS, ACCESS, AND AUDITS. 7.1 Audit of Funds. The Performing Party understands that acceptance of funds under this Contract acts as acceptance of the authority of the State Auditor's Office, or any successor agency, to conduct an audit or investigation in connection with those funds. Performing Party further agrees to fully cooperate with the State Auditor's Office or its successor in the conduct of the audit or investigation, including providing all records requested. Performing Party shall ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through Contractor and the requirement to cooperate is included in any subcontract it awards. 7.2 Financial Records, Performing Party shall establish and maintain financial records including records of costs of the Contract Activities in accordance with generally accepted accounting practices. Upon request Performing Party shall submit records in support of reimbursement requests. Performing Party shall allow access during business hours to its financial records by TCEQ and other state agencies for the purpose of inspection and audit. Records shall be maintained for a minimum of three years beyond the expiration or earlier termination of this Contract, and three years after the end of any litigation or claims process, including appeals. 8. INDIRECT COST RATE. 8.1 Authority for Indirect Cost Rates. The Performing Party shall comply with OMB Circular A-87 and the Uniform Grant Management Standards (UGMS) relating to Indirect Cost Rates. In the event an audit changes the indirect cost rate, Per Party agrees to waive additional indirect costs, a in the alternative, contribute the difference between the contract indirect rate and audited indirect rate. 8.2 Indirect Cost Rate of Contract Activities. The cost of services provided to TCEQ by another agency may include allowable direct costs of the service plus a pro rata share of indirect costs, if authorized by the budget. A standard indirect cost allowance equal to 10% of the direct salary and wage cost of the activity may be used in lieu of determining the actual indirect costs of the activity. 8.3 Application Indirect Cost Rate, Councils on Government. As provided by regional planning commission may not spend more than 15% of its total expenditures on indirect costs. Where an indirect cost exceeds 15%, the regional planning commission will credit each affected awarding agency by reducing indirect charges on a pro rata basis to the affected agencies in the subsequent fiscal year. 9. AMENDMENTS. Changes to the Contract are only effective by a written amendment, signed and agreed to by the Parties. 10. CONTRACT INTERPRETATION 10.1 Interpretation of Time. All days are calendar days, unless stated otherwise. Days are counted to exclude the first and include the last day of a period. If the last day of the period is a Saturday or Sunday, or a state or federal holiday, it is omitted from the computation. 10.2 State, Federal Law. This Contract is governed by, and interpreted under the laws of the State of Texas, as well as applicable federal law. 10.3 Severability. If any provision of this Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void or unenforceable, it shall be deemed severable (to the extent of such illegality, invalidity or unenforceability) and the remaining part of the provision and the rest of the provisions of this Contract shall continue in full force and effect. If possible, the severed provision shall be deemed to have been replaced by a valid provision having as near an effect to that intended by the severed provision as will be legal and enforceable. 11. PERFORMING PARTY'S RESPONSIBILITIES. 11.1 Performing Party's Responsibility for the Contract Activities. Performing Party undertakes performance of the Contract Activities as its own project and does not act in any capacity on behalf of the TCEQ nor as a TCEQ agent, employee or vendor of goods or services. Performing Party agrees that the Contract Activities are furnished and performed at Performing Party's sole risk as to the means, methods, design, processes, procedures and performance of the Contract Activities. 11.2 Independent Contractor. Nothing in this Contract shall create an employee -employer relationship between Performing Party and TCEQ. Nothing in this Contract shall create a joint venture between TCEQ and the Performing Party. The parties agree that the Performing Party is an independent contractor. 11.3 Performing Party's Responsibility for Subcontractors. All acts and omissions of Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the Contract Activities under a direct or indirect contract with Performing Party shall be considered to be the acts and omissions of Performing Party. 11.4 No Third -Party Beneficiary. TCEQ does not assume any duty to exercise any of its rights and powers under the Contract for the benefit of third parties. Nothing in this Contract shall create a contractual relationship between TCEQ and any of Performing Party's subcontractors, suppliers or other persons or organizations with a contractual relationship with the Performing Party, PAGE 11 OF 48 12. PERFORMING PARTY PERFORPVIANCE EVALUATION. Performance evaluations are a part of the TCEQ review of Performing Party and may be a factor in the selection of future contracts. TCEQ may provide this information to state agencies and, upon request, to others. Performing Party consents to the disclosure of any information or opinion contained in the evaluations. 13. CONFLICT OF INTEREST. The Performing Party shall timely notify TCEQ in wrng of any actual, apparent, or potential conflict of interest regarding the Performing Party or any related entity or individual. No entity or individual with any actual, apparent, or potential conflict of interest shall take part in the performance of any portion of the Contract Activities, nor have access to information regarding any portion of the Contract Activities, Performing Party agrees that TCEQ has sole discretion to determine whether a conflict exists, and that a conflict of interest is grounds for termination for cause. 14. INTELLECTUAL PROPERTY. 14.1 Third Party Intellectual Property. Unless specifically waived, Performing Party must obtain all Intellectual Property licenses expressly required in the Scope of Work, or incident to the use or possession of the intellectual property. Performing Party shall obtain and furnish to TCEQ: documentation on the use of such Intellectual Property, and a perpetual, irrevocable, enterprise -wide license to reproduce, publish, otherwise use, or modify such Intellectual Property and associated user documentation, and to authorize others to reproduce, publish, otherwise use, or modify such Intellectual Property for TCEQ non-commercial purposes, and other purposes of the State of Texas. 14.2 Grant of License. Performing Party grants to TCEQ a nonexclusive, perpetual, irrevocable, enterprise -wide license to reproduce, publish, modify or otherwise use for any non-commercial TCEQ purpose any preexisting intellectual property belonging to the Performing Party that is incorporated into the Contract Activities, intellectual property created under this Contract, and associated user documentation. 15. TIME DELAYS. 15.1 Time is 15.2 Delays. Where Performing Party's performance is delayed, except by Force Majeure or act of the TCEQ, TCEQ may withhold or suspend reimbursement, terminate the Contract, or enforce any of its other rights. 16. TERMINATION. 16.1 Termination for Cause. TCEQ may, upon 10 days written notice and the opportunity to cure, terminate this Contract for cause if Performing Party materially fails to comply with the Contract including any one or more of the following acts or omissions: nonconforming Contract Activities, existence of a conflict of interest, failure to provide evidence of required insurance coverage and failure to comply with HUB requirements in law or this Contract. Termination for cause does not prejudice TCEQ's other remedies authorized by this Contract or by law. 16.2 Termination for Convenience. TCEQ may, upon 10 days written notice, terminate this Contract for convenience. Termination shall not prejudice any other right or remedy of TCEQ or the Performing Party. Performing Party may request reimbursement for: conforming Contract Activities and timely, reasonable costs directly attributable to termination. Performing Party shall not be paid for: work not performed, loss of anticipated profits or revenue, consequential damages or other economic loss arising out of or resulting from the termination. PAGE 12 OF 48 16.3 If, after termination for cause by TCEQ, it is determined that the Performing Party had not materially failed to comply with the Contract, the termination shall be deemed to have been for the convenience of the TCEQ. 1 / a INSURANCE AND INDEMNIFICATION. 17A Insurance. Unless prohibited by law, the Performing Party shall require its contractors and suppliers to obtain and maintain during the Contract Period adequate insurance coverage sufficient to protect the Performing Party and the TCEQ from all claims and liability for injury to persons and for damage to property arising from the Contract. Unless specifically waived by the TCEQ, sufficient coverage shall include Workers Compensation and Employer's Liability Insurance, Commercial Automobile Liability Insurance, and Commercial General Liability Insurance. 17.2 Indemnification. TO THE EXTENT AUTHORIZED BY LAW, THE PERFORMING PARTY SHALL REQUIRE ALL CONTRACTORS PERFORMING CONTRACT ACTIVITIES ON BEHALF OF PERFORMING PARTY TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE TCEQ AND PERFORMING PARTYAND THEIR OFFICERS, EMPLOYEES AND REPRESENTATIVES FROM AND AGAINST ALL LOSSES, LIABILITIES, DAMAGES, AND OTHER CLAIMS OF ANY TYPE ARISING FROM THE PERFORMANCE OF CONTRACT ACTIVITIES BY THE CONTRACTOR OR ITS CONTRACTORS, SUPPLIERS AND AGENTS, INCLUDING THOSE ARISING FROM A DEFECT IN DESIGN, WORKMANSHIP, MATERIALS, OR FROM INFRINGEMENT OF ANY PATENT, TRADEMARK OR COPYRIGHT; OR FROM A BREACH OF APPLICABLE LAWS, REGULATIONS, SAFETY STANDARDS OR DIRECTIVES, THE DEFENSE OF THE TCEQ SHALL BE SUBJECT TO THE AUTHORITY OF THE OFFICE OF THE ATTORNEY GENERAL OF TEXAS TO REPRESENT THE TCEQ, THIS COVENANT SURVIVES THE TERMINATION OF THE CONTRACT, 18. DISPUTES, CLAIMS, REMEDIES. 18.1 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 under this Contract. 18.2 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 nonconformance, TCEQ may: 18.2.1 Issue notice of nonconforming performance; 18.2.2 Reject nonconforming performance and request corrections without charge to the TCEQ; 18.2.3 Reject a reimbursement request or suspend further payments, or both, pending accepted revision of the nonconformity; 18.2.4 Suspend all or part of the Contract Activities or payments, or both, pending accepted revision of the nonconformity; 18.2.5 Demand restitution and recover previous payments where performance is subsequently determined nonconforming; 18.2.6 Terminate the contract without further obligation for pending or further payment by the TCEQ and receive restitution of previous payments. 18.3 Opportunity to Cure. The Performing Party will have a reasonable opportunity to cure its nonconforming performance, if possible under the circumstances. 18.4 Cumulative Remedies. Rights and remedies in this Contract are in addition to, and are not in any way a limitation of, any rights and remedies available under state and federal rules, regulations, and laws and at common law. PAGE 13 OF 48 19. SOVEREIGN IMMUNITY. The parties agree that this Contract does not waive sovereign immunity relating to suit, liability, or payment of damages. 20. MISCELLANEOUS. 20.1 Assignment. No delegation of the obligations, rights, or interests in the Contract, and no assignment of payments by Performing Party will be binding on TCEQ without its written consent, except as restricted by law. No assignment will release or discharge the Performing Party from any duty or responsibility under the Contract. 20.2 Venue. Performing Party agrees that the Contract is being performed in Travis County, Texas, because this Contract has been performed or administered, or both, in Travis County, Texas, The Performing Party agrees that any cause of action involving this Contract arises solely in Travis County, 20.3 Publication. Performing Party agrees to notify TCEQ five days prior to the publication or advertisement of information related this Contract. Performing Party agrees not to use the TCEQ logo or a TCEQ graphic as an advertisement or endorsement without written permission signed by the appropriate TCEQ authority. 20.4 Waiver. With the exception of an express, written document signed with authority by TCEQ, no act or omission will constitute a waiver or release of Performing Party's obligation to perform conforming Contract Activities. No waiver on one occasion, whether expressed or implied, shall be construed as a waiver on any other occasion. 20.5 TCEQ relies on Performing Party to perform all Contract Activities in conformity with all applicable laws, regulations, and rules and obtain all necessary permits and licenses. 20.6 Survival of Obligations. Except where a different period is specified in this Contract or applicable law, all representations, indemnifications, and warranties made in, required by or given in accordance with the Contract, as well as all continuing obligations indicated in the Contract will survive for four years beyond the termination or completion of the Contract; or after the end of a proceeding which was brought under the contract or if TCEQ has notified Performing Party of an on -going proceeding. A proceeding includes any litigation, legal proceeding, permit application, State Office of Administrative Hearings proceeding, or similar activity listed in a TCEQ notice to the Performing Party. 20.7 Headings. The headings of the sections contained in this Contract are for convenience only and do not control or affect the meaning or construction of any provision of this Contract. 2048 Release of Claims. As a condition to final payment or settlement, or both, the Performing Party shall execute and deliver to the TCEQ a release of all claims against the TCEQ for payment under this Contract. 20.9 Counterparts. This Contract may be signed in any number of copies. Each copy when signed is deemed an original and each copy constitutes one and the same Contract PAGE 14 OF 48 PROJECT REPRESENTATIVES/ RECORDS LOCATION ARTICLE 21.1 TCEQ 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. Kristin Bourdon (Name) Network Coordinator 165 (Title) (Mail Code) Texas Commission on Environmental Quality P.O. Box 13087 Austin, Texas 78711-3087 Telephone No.:�512) 239-0883 Facsimile No.: f512) 239-1605 ARTICLE 21.2 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. For Technical Matters: T.C. Michael Telephone No.: (817) 392-5455 (Name) Facsimile No.: (817) 392-6359 (Title) 1000 Throckmorton Street (Mailing Address) Fort Worth Texas 76102 (city) (State) (Zip Code) ARTICLE 21.3 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 Project Representative). ARTICLE 21.4 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) PAGE 15 OF 48 CONTRACT BUDGET FOR ACTUAL COST REIMBURSEMENT ARTICLE 22.1 BUDGET 1. Authorized budgeted expenditures for Work Performed are as follows: $ 18,250.40 $ 5,549.95 $ 0.00 $ 750.00 $ 0.00 $ 0.00 $ 0.00 $ 1,050.00 $ 5,112.31 30.712.66 30.41 21.48% ARTICLE 22 2 NEGOTIATED PREDETERMINED INDIRECT COST RATE TCEQ and the Performing Party may negotiate a predetermined indirect cost rate for the term of the contract where the cost experience and other pertinent facts available are deemed sufficient to enable the contracting parties to reach an informed judgment (1) as to the probable level of indirect costs in the Performing Party's programs during the term of the contract, covered by the negotiated rate, and (2) the amount allowable under that predetermined rate would not exceed the actual indirect costs. ARTICLE 22.3 BUDGET CONTROL AND TRANSFERS Cumulative transfers among the budgeted direct cost categories must not exceed ten percent (10%) of the current Total Budgeted amount. ARTICLE 22.4 SUBMITTAL OF PAYMENT REQUESTS Unless otherwise stipulated in the Contract, payment requests must be submitted at monthly intervals. Included with the invoice which shall be provided in a format acceptable to the TCEQ, will be the Financial Status Report (FSR) and the Progress Assessment Report (PAR) form Note: Invoices shall be submitted no later than the last working day in August for each year that is to be invoicedI unless a later time is otherwise approved in writing by TCEQ. ji �E¢ 'noImo' FEDERAL CONDfTIONS 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 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 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. EPAwhenever 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. 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 subcontractor it employs to conduct the Work. These certifications must be submitted on forms provided by the TCEQ. ARTICLE 8, DISADVANTAGED BUSINESS ENTERPRISES: MINORITY BUSINESS ENTERPRISES / WOMEN'S BUSINESS ENTERPRISES / SMALL TEXAS HISTORICALLY UNDERUTILIZED BUSINESSES DBE's 1. In order to qualify and participate as an MBE or WBE prime or subcontractor for EPA recipients under PAGE 17 OF 48 EPA's DBE Program, an entity must be properly certified as required by 40 C.F.R. 33 Subpart B. DBE's must be certified by the following entities: EPA; the U.S. Small Business Administration, under its 8(a) Business Development Program or its Small Disadvantaged Business Program; the U.S. Department of Transportation, under its regulations for Participation by DBE's in DOT Programs; an Indian Tribal Government, State Government, Local Government, or independent private organization in accordance with EPA's 8% (42 U.S.C. 4370d) or 10% (42 U.S.C. 7601) statutes as applicable. TCEQ may count a State of Texas certified Historically Underutilized Business (HUB) as a DBE, provided the HUB's net worth (i.e., of each individual claiming disadvantaged status) is less than $750,000 and the HUB signs the attached DBE Small Disadvantaged Business Self -Certification Form. In determining net worth, see 13 C.F.R. 124.105(c)(2). All Certified DBE's must sign the attached DBE SDB Self -Certification Form, and the PERFORMING PARTY shall include all signed DBE SDB Self -Certification Forms with its Proposal. 2. If the General Conditions of this Contract contain a requirement that PERFORMING PARTY submit information regarding its subcontracts with HUBs as defined by Texas law, then PERFORMING PARTY shall comply with the Hub requirements as well as the DBE requirements imposed on TCEQ in the federal grant or grants funding this Contract, and submit information regarding its subcontracts with Certified DBE's and Hub's on forms provided by the TCEQ. 3. PERFORMING PARTY agrees that qualified DBE's 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 DBE, a description of the work, services or materials provided, the amount paid to the DBE; and the name and telephone number of a contact person within the DBE. 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 DBE's on solicitation lists for subcontractors and vendors; 5.2. Assure that at least three (3) DBE's 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 opportunity to participate effectively; 5.4. Records of solicitations for subcontractor and/or vendor services, including the responses received from potential DBE's 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 DBE's was low bidder but the subcontract or procurement contract was awarded to a non DBE; 5.6 Divide total subcontractor or vendor requirements, when economically feasible, into smaller tasks or quantities 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 DBE's; 5.8. Utilize the Texas Comptroller of Public Accounts (CPA) Centralized Master Bidders List (CMBL) and Historically Underutilized Business (HUB) Directory (<http://www.cpa.state.tx,us>) and the services and assistance of the Small Business Administration and the Minority Business Development Agency of the U.S. Department of Commerce (<http://www.doc.gov>) when searching for DBE's. 6. The PERFORMING PARTY must pay its subcontractors for satisfactory performance no more than 30 days from the Performing Party's receipt of payment from TCEQ. 7. Before terminating a DBE for convenience, the PERFORMING PARTY must notify TCEQ in writing. PAGE 18 OF 48 8. If a DBE subcontractor fails to complete work, for any reason, and the PERFORMING PARTY plans to procure a replacement subcontractor, the PERFORMING PARTY must undertake the actions listed in 5.1 - 5.8 of this Article. 9, The PERFORMING PARTY shall provide the attached DBE Subcontractor Participation Form, EPA Form 6100-2, to all its DBE subcontractors with instructions that each DBE may complete the form and submit it directly to the appropriate EPA DBE Coordinator, Deborah Bradford, EPA Region 6, Small and Disadvantaged Business Coordinator. EPA Form 6100-2 gives a DBE subcontractor the opportunity to describe the work the DBE subcontractor received from the prime contractor, how much the DBE subcontractor was paid and any other concerns the DBE subcontractor might have, for example reasons why the DBE subcontractor believes it was terminated by the PERFORMING PARTY. 10. The PERFORMING PARTY must have its DBE subcontractors complete EPA Form 6100-3, DBE Program Subcontractor Performance Form, The Performing Party must include all completed forms as part of the Performing Party's proposal* package. 11. The PERFORMING PARTY must complete and submit EPA Form 6100-4, DBE Program Subcontractor Utilization Form, as part of its proposal* package. 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. When Contractor applies for final payment, Contractor will certify on a written form provided by the TCEQ that Contractor has complied with this provision. * Proposal in this context refers to a response to a solicitation for goods or services being paid for, at least in part, with EPA grant funds submitted to TCEQ, a TCEQ grantee, or lower tier recipient. Proposal in this context does not refer to an EPA grant application package TCEQ submits to EPA, nor to a grant application submitted to TCEQ, a TCEQ grantee, or lower tier recipient requesting financial assistance that is at least partially funded with an EPA grant. After TCEQ, a TCEQ grantee, or lower tier recipient receives the grant and attempts to procure goods and services with the grant funds, the responses submitted to such solicitations must include EPA Forms 6100-3 and 610041 PAGE 19 OF 48 EPA Project Control Number 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; (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 P10,000 or imprisonment for up to 5 years, or both. Typed Name &Title of Authorized Representative Signature of Authorized Representative 1�1=1ia ❑ I am unable to certify to the above statements. My explanation is attached. EPA Form 5700-49 (tt-88) PAGE 20 OF 48 LOWER TIER EPA Project Control Number 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; (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. Typed Name &Title of Authorized Representative Signature of Authorized Representative ❑ I am unable to certify to the above statements. My explanation is attached. EPA Form 5700-09 (11-88) PAGE 21 OF 48 CERTIFICATION REGRIDING LOBBYING Certification for Contracts, Grants, Loan, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or any employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3)The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including Subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to the civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Statement for Loan Guarantees and Loan Insurance The undersigned states, to the best of his or her knowledge and belief, that: If any funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this commitment providing for the United States to insure or guarantee a loan, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. Submission of this statement is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required statement shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. ORGANIZATION NAME AWARD NUMBER NAME AND TITLE OF AUTHORIZED REPRESENTATIVE SIGNATURE DATE Please check appropriate box below: [ ]Disclosure Form attached [ ] Disclosure Form Forthcoming [ ] Disclosure Form Not Applicable PAGE 22 OF 48 Page 1 of 3 DISCLOSURE OF LOBBYING ACTIVITIES Complete this form to disclose lobbying activities pursuant to 31 USC 1352 1. Type of Federal Action: [ ] 2. Status of Federal Action: [ ] 3. Report Type: [ ] a, contract a. bid/offer/application a. initial filing b, grant b. initial award b, material change c. cooperative agreement c. post -award d. loan For Material change only: e. loan guarantee year Quarter f, loan insurance date of last report 4. Name and Address of Report Entity 5, If Reporting Entity in No. 4 is Subawardee, enter name and address [ ] prime [ ] subawardee of Prime: tier if known: Congressional District, if known Congressional District, if known: 6. Federal Department/Agency: 7, Federal Program name/Description: CFDA Number, if applicable: 8. Federal Action Number, if known: 9. Award Amount if known: 10. a. Name and address of Lobbying Entity first name, MI): (attach Continuation Sheet(s) (if individual, last name, b. Individuals Performing Services (including address if different from No. 10a) (last name, first name, MI): SF--LLL-A if necessary) 11. Amount of Payment (check all that apply): 13. Type of Payment (check all that apply): [ ] actual [ ] planned [ ] a. retainer [ ) b. one-time fee [ ] c. commission 12. Amount of payment (check all that apply): [ ] d, contingent fee [ ] e. deferred [ ] a. cash [ ] f, other, specify: [ ] b, in -kind; specify nature value 14. Brief description of services performed or to be performed and date(s) of service, including officer(s), employee(s), or Member(s) contacted for Payment indicated in Item 11: (attach Continuation sheet(s) SF-LLL-A if necessary) 15. Continuation sheet(s) SF-LLL-A attached: [ ] Yes [ ] No PAGE 23 OF 48 16 Information requested through this form is authorized by Title 31 U.S.C. Section 1352 This disclosure of lobbying activities is a material representation of fact upon which reliance was placed by the tier above when this transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C, 1352 This information will be reported to the Congress semi-annually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil Signature Print Name Title penalty of not less than $10 000 and not more than $100.000 foreach such failure. Telephone No, Date Standard Form-LL PAGE 24 OF 48 DISCLOSURE OF LOBBYING CONTINUATION SHEET Reporting Entity: Page of III Authorized for Local Keproquction Page 2 of 3 PAGE 25 OF 48 Page 3 of 3 INSTRUCTIONS FOR COMPLETION OF SF-LL DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to Title 31 U.S.C. Section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a covered Federal action. Use the SF-LLL-A Continuation Sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District if known. Check the appropriate classification of the reporting entity that designates if it is, or expects to be, a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the first tier. Subawards include but are not limited to Subcontracts, subgrants, and contract awards under grants.. 5. If the organization filing the report in Item 4 checks "Subawardee", then enter the full name, address, city, state and zip code of the prime Federal recipient. Include Congressional District, if known. 6. Enter the name of the Federal Agency making the award or loan commitment. Include at least one organizational level below agency name, if known. For example, Department of Transportation, United States Coast Guard, 7. Enter the Federal program name or description for the covered Federal action (Item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identified in Item 1 (e.g., Request for Offer (RFP) number, invitation for Bid (IFB) number, grant announcement number, the contract, grant, or loan award number, the application/Offer control number assigned by the Federal agency) Include prefixes, e.g., RFP-DE-90-001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitment for the prime entity identified in Item 4 or 5. 10. (a) Enter the full name, address, city, state and zip code for the lobbying entity engaged by the reporting entity identified in Item 4 to influence the covered Federal action. (b) Enter the full names of the individual(s) performing services, and include full address if different from 10(a). Enter Last Name, First Name, and Middle Initial (MI). 11, Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (Item 4) to the lobbying entity (Item 10), Indicate whether the payment has been made (actual) orwill be made (planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made. 12, Check the appropriate box(es). Check all boxes that apply. If payment is made through an in -kind contribution, specify the nature and value of the in -kind payment. 13, Check the appropriate box(ex). Check all boxes that apply. If other, specify nature. 14. Provide a specific and detailed description of the services that the lobbyist has performed, or will be expected to perform, and the date(s) of any services rendered. Include all preparatory and related activity, not just time spent in actual contact with Federal officials. Identify the Federal official(s) or employee(s) contacted or the officer(s), employee(s), or Member(s) of Congress that were contacted. 15. Check whether or not a SF-LLL-A Continuation Sheet(s) is attached. 16. The certifying official shall sign and date the form, print his/her name, title, and telephone number. Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden to the Office of Management and Budget Paperwork Reduction Project (0348-0046), Washington, D.C. 29503, PAGE 26 OF 48 Envirorunental Protection Agency OMB Control No: 2090-0030 Approved: 05/ 01 / 2008 Approval Expires: 01/31/2011 Disadvantaged Business Enterprise Program DBE Subcontractor Participation Form NAME OF SUBCONTRACTOR' PROJECT NAME ADDRESS CONTRACT NO, TELEPHONE NO. EMAIL ADDRESS PRIME CONTRACTOR NAME Please use flee space below to report any concerns regarding the above EPA -funded project reason for termination by prime contractor, late payment, etc.). AMOUNT CONTRACT ITEM OF WORK OR DESCRIPTION OF SERVICES RECEIVED FROM SUBCONTRACTOR ITEM NO. THE PRIME CONTRACTOR WAS PAID BY PRIME CONTRACTOR Subcontractor Signature Title/Date Subcontractor is defiled as a company, firm, joint venture, or individual who enters into an agreement with a contractor to provide services pursuant to an EPA award of financial assistance. EPA FORIA 6100-2 (DBE Subcontractor Participation Form) PAGE 27 OF 48 Environmental Protection Agency OMB Control No: Approved: Approval Expires 2090-0030 05/01/2008 01/31/2011 Disadvantaged Business Enterprise Program DBE Subcontractor Performance Form NAME OF SUBCONTRACTOR1 PROJECT NAME ADDRESS BID/PROPOSAL NO. TELEPHONE NO. &MAIL ADDRESS PRIME CONTRACTOR NAME CONTRACT ITEM NO. ITEM OF WORK OR DESCRIPTION OF SERVICES BID TO PRIME PRICE OF WORK SUBMITTED TO PRIME CONTRACTOR Currently certified as an MBE or WBE Contractor Date Print Name Title under EPA's DBE Prob am? Yes Signature of Subcontractor Date No Sib lature of Prime Print Name Title 'Subcontractor is defined a company, firm, joint venture, or individual who enters into an agreement ��ith a contractor to provide services pursuant to an EPA award of financial assistance. EPA FORM 6100-3 (DBE Subcontractor Performance Form) PAGE 28 OF 48 OMB Control No: 2090-0030 Approved: 05/ 01 / 2008 Approval Expires: 01/31/2011 Environmental AW Protection Agency - Disadvantaged Business Enterprise Program DBE Subcontractor Utilization Form BID/PROPOSAL NO. PROJECT NAME NAME OF PRIME BIDDER/PROPOSER &MAIL ADDRESS ADDRESS TELEPHONE NO. FAX NO. The following subcontractorsi will be used on this project: COMPANY NAME, ADDRESS, PHONE TYPE OF WORK TO BE NUMBER, AND E-MAIL ADDRESS PERFORMED ESTIMATE D DOLLAR AMOUNT CURRENTLY CERTIFIED AS AN MBE OR WBE? I certify under penalty= of perjury= that the forgoing statements are true and correct. In the event of a replacement of a subcontractor, I=ilI adhere to $Ze replacement requil ements set forth in 40 CFR Part 33 Section 33.302(c). Sib ature of Prime Contractor Pru1t Name Date Title Subcontractor is defined as a company; firm, joint venh�re; or individual who enters into au agreement with a contractor to provide services pursuant to an EPA award of financial assistance. EPA FORM 61004 (DBE Subcontractor Utilization Form) rrY END FEDERAL FORMS rr; THE EPA NO LONGER REQUIRES THIS COST OR PRICE SUMMARY BUT TCEQ COLLECTS AND UTILIZES THE INFORMATION. PLEASE FOLLOW THE INSTRUCTIONS BELOW. (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. 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 If this form is used, CAREFULLY READ AND FOLLOW ALL INSTRUCTIONS. Many items are not self-explanatory. Attach additional sheets if necessary. Use only the applicable portion of this form: Part I is applicable to all subagreements. Part II is applicable to all subagreements requiring a cost analysis pursuant to EPA procurement regulations. Part III is applicable to all subagreements where review is based on price comparison (i.e., price analysis). Part IV certification will be executed as required by the instructions for each block. PART I -GENERAL Item 1 -Enter the name of the recipient as shown on the assistance agreement. Item 2 - Enter the assistance identification number shown on the assistance agreement (or assigned to the project, if no assistance agreement has yet been executed). Item 3 - Enter the name of the contractor or Subcontractor with whom the subagreement is proposed to be executed. Item 4 - Enter the date of the contractor's or Subcontractor's Offer to the recipient. Item 5 - Enter the full mailing address of the contractor or Subcontractor. Item 6 - Give a brief description of the work to be performed under the proposed subagreement. Part II -COST SUMMARY This portion of the form is to be completed by the contractor (or hisJher Subcontractor) with whom a subagreement is a formally advertised, competitively bid, fixed price subagreement. Nothing in the following discussion should be interpreted as recommending the inclusion as direct costs any items normally treated as overhead costs in the firm's accounting or estimating system. 40 CFR Part 30 identifies general cost principles applicable to subagreements under EPA assistance. Pursuant to that Part, all subagreements awarded to profit -making organizations are subject to cost principles of 48 CFR 31.2. Architect engineer and construction contracts are also subject to 48 CFR 310105, Item 7 -Direct Labor Direct labor costs normally include salaries at a regulartime rate. Overtime premiums should be identified separately on an attachment. Incurrence of unanticipated overtime costs requires the approval of the recipient at the time of incurrence. If significant overtime is known to be needed at the time of completion of the cost review form, the reasons therefore, labor categories, rates and hours should be identified on the attachment. Also included is the cost of partners' or principals' time when they are directly engaged in services to be rendered under the subagreement. In case the full time of any employee is not to be devoted to work to be performed under the subagreement, only the cost of actual time to be applied should be included. The compensation of a partner or principal shall be included as direct cost only for the time that she/he is expected to be engaged directly in the performance of work under the subagreement and only if it is the firm's normal practice to charge such time directly to all jobs. The rate of compensation of a partner or principal shall be commensurate with the cost of employing another qualified person to do such work, but the salary portion shall not exceed the actual salary rate of the individual concerned. Distribution of profits shall not be included in the rate of compensation. er in block 7 the categories of professional or technical Ent personnel necessary to perform each major element of work under the subagreement scope of services. Estimate hours worked for each category and extend them by the wage rates to be paid during the actual performance of the work. Current rates, adjusted for projected increases, if any should be useful for the actual categories of labor contemplated. All projected increases should be supported by recent experience or established personnel policy. Enter in the far right column the totaI estimated direct labor cost. Supporting records to be maintained by the contractor and which must be submitted or made available to the recipient or EPA upon request include: a. The method of estimating proposed hours worked. b. The computation techniques used in arriving at proposed labor rates. c. The specific documents, books or other records used as factual source material to develop proposed hours worked and or rates. d. Detailed rate computations which were used in computing the information submitted on the form. If in block 14a, the contractor has checked "No," a brief narrative description of the methods used in arriving at items a though d above shall be included on an attached sheet.ltem 8- Indirect Costs Indirect cost may consist of one or more pools of expenses which are grouped on the basis of the benefits accruing to the cost objectives represented by the distribution base or bases to which they are allocated. Since accounting practices vary, the use of particular groupings is not required. Neither is the use of any particular allocation base mandatory. However, it is mandatory that the method used results in an equitable allocation of indirect costs objectives which they support. Normally, the firm's accounting system and estimating practices will determine the method used to allocate overhead costs. The firm's established practices, if in accord with generally accepted accounting principles and PROVIDED THEY PRODUCE EQUITABLE RESULTS IN THE CIRCUMSTANCES, will generally be accepted. Proposed overhead rates should represent the firm's best estimate of the rates to be experienced during the subagreement period. They should be based upon recent experience and be adjusted for known factors which will influence experienced trends. Common overhead groupings are overhead on direct labor and general and administrative expenses. The first groupings usually include employment taxes, fringe benefits, holidays, vacation idle time, bonuses, applicable and direct labor, etc. The second generally includes the remaining costs, which, because of their incurrence for common or joint objectives, are not readily subject to treatment as direct costs. It is expected, however, that Offer groupings will correspond with the firm's normal method for accumulating indirect costs. (Under some accounting systems, the first grouping would be included instead under item 7.) No special categorization is required, provided the results are realistic and equitable. Direct salaries are the normal distribution base for overhead cost but in some circumstances other bases produce more equitable results. As in the case of overhead cost groupings, the method to be used will depend upon the firm's normal practices and the equity of the results produced in the circumstances. In the case of multibranch firms, joint ventures, or affiliates, it is expected that overhead costs applicable to specific locations) where work is to be based on cost data from the most recent fiscal periods updated to reflect changes in volume of business or operations. Enter in block 8 the indirect cost pools normally used by the firm for allocation of indirect costs. Enter indirect cost rate for each pool and extend each one by the rate base to which it applies to arrive at the estimated indirect costs to be incurred during the actual performance of the work. If the indirect labor total from block 7 is not used as the rate base for any of the indirect cost pools, the rate base used must be explained on an attached sheet. A brief narrative statement outlining the firm's policies and practices for accumulating indirect costs. Enter the indirect cost rate costs and the method used to compute the proposed rate or rates shall accompany the form. Include comment on the firm's policies regarding the pricing and costing of principals' time. The normal accounting treatment of principals' salaries, the annual amounts, and the hourly charge rate, if used, should be discussed. Enter in the far right column the total estimated indirect costs. Supporting records to be maintained by the contractor and which must be submitted or made available to the recipient or EPA upon request include: a. Detailed cost data showing overhead accounts, allocation bases, and rate computations for the preceding fiscal period. If more than six months of the current fiscal period have elapsed, cost data for this period should be included as one of the three period(s). b. Company budgets, budgetary cost data and overhead rates computations for future period(s). Item 9 -Other Direct Costs The following items are illustrative of costs normally included in this category of costs: a. Travel cost, including Transportation, lodging, subsistence, and incidental expenses incurred by personnef orconsultanfs while in travel status in connection with the performance of services required by the contract. The cost principles generally require the use of less than first class air accommodations and also limit the cost of private aircraft. (1) Long distance telephone calls, telegraph and cable expenses to be incurred in connection with tl�e performance of services required in connection the subagreement. (2) Reproduction costs, including blueprints, black and white prints, ozalid prints, photographs, photostats, negatives; and express charges. (3) Commercial printing, binding, artwork, and models. (4) Special equipment. c. Subcontractors d. Other Direct costs, if any, not included above. Enter in blocks 9a-d all other direct costs proposed. Travel costs entered must be supported by an attachment which identifies the number of staff trips proposed and the estimated cost per staff trip for both local and long distance transportation. The number of days and the rate per day must be provided to support the per diem shown. Each Subcontract and consultant agreement must be identified separately in block 9c. Enter in the far right column on line 9e the total of all other direct costs (9a-d). Supporting data to be maintained by the contractor and which must be submitted or made available to the recipient or EPA upon request include: a. basis for other direct costs proposed. b. factual sources of costs, rates, etc., used in computing proposed amount of each cost element. Item 10 -Total Estimated Cost Enter the total of all direct labor, indirect costs and other direct costs from items 7, 8, and 9. Item 11 -Profit A fair and reasonable provision for profit cannot be made by simply applying a certain predetermined percentage to the total estimated cost. Rather, profit will be estimated as a dollar amount after considering: a. degree of risk. b. nature of the work to be performed. c. extent of firm's investment. d. Subcontracting of work, and e. Other criteria. The federal Acquisitions Regulation cost principles applicable to subagreements with profit -making organizations (40 CFR 31.2 and 31.105) disallow certain types of costs which are sometimes incurred by firms in the normal conduct of their business. Examples of costs which are not allowable under these costs principles include, but are not Iirnited to, entertainment, interest on borrowed capital, and bad debits. Because the Government considers 'profit" to be the excess of price over allowable costs, such computation can indicate a higher profit estimate than the firm's experienced profit as it customarily computes it. The contractor may separately disclose to the recipient its customary computation. 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, b. Equipment, Materials, and Supplies on�c �a nc no 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 personal knowledge of the contractor's negotiator if the time of agreement, showing that the negotiated price is not based on complete, current, and accurate data. (3) Enter the date of signature. This date should be as close as practicable to the date when the price negotiations were concluded and the subagreement price was agreed to (not to exceed 30 days). Item 15 -Recipient Reviewer -FOR USE BY RECIPIENT ONLY. If required by applicable assistance regulations, the recipient must submit the signed form for EPA review prior to executive of the subagreement. Item 16 -EPA Reviewer -FOR USE BY EPA ONLY. OA/�C o� n� .+o � ®� COST OR PRICE SUMMARY EPA (see accompanying instructions before completing this form) PARTI-GENERAL Form approved OMB No. 2030-0011 Approval expires 10-31-86 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 - COS7 SUMMARY 7. DIRECT LABOR (specify labor categories) ESTIMATED HOURS HOURLY RATE ESTIMATED COST- TOTALS $ I $ DIRECT LABOR TOTAL: $ 8. INDIRECT COSTS (Specify indirect cos[ pool) RATE x BASE = $ I ESTIMATED COST � INDIRECT COSTS TOTAL: � 9. OTHER DIRECT COSTS a. TRAVEL (1)TRANSPORTATION (2) PER DIEM TRAVEL SUBTOTAL: ESTIMATED COST � $ $ b. EQUIPMENT, MATERIALS, SUPPLIES (Specify categories) QTY COST $ I ESTIMATED COST $ EQUIPMENT SUBTOTAL: c.SUBCONTRACTS ESTIMATED COST on�� �� n� no Con ra tM1 9mg PM2.5aM nitor �eohone number of reviewing office) TCEQ Contract Number: 582-11-86421 i 14b. I THIS SUMMARY CONFORMS WITH THE FOLLOWING COST PRINCIPLES 14c. This proposal is submitted for use in connection with and in response to: This is to certify to the best of my knowledge and belief that the cost and pricing data summarized herein are complete, current, and accurate as of: (2) DATE I further certify that a financial management capability exists to fully accurately account for the financial transactions under be subject to downward renegotiation and/or recoupment where the above cost and pricing data have been determined, as above. (3) TITLE OF SIGNATURE OF REVIEWER PROPOSER this project. I further certify that I understand that the subagreement price may a result of audit, not to have been complete, current, and accurate as of the date DATE OF EXECUTION 15. RECIPIENT REVIEWER I I certify that I have TITLE OF PROPOSER reviewed the cost/price summary set forth herein and the proposed cost/price appear acceptable for subagreement award. SIGNATURE OF REVIEWER DATE OF EXECUTION 16. EPA REVIEWER TITLE OF PROPOSER SIGNATURE OF REVIEWER DATE OF EXECUTION Contract Name: PV12.5 Monitoring TCEQ-Contract Number: 582-11-86421 Attachment A 1 STATE AGENCY ORGANIZATION :UNIT TO WHICH REPORT IS '.SUBMITTED: 2. GRANT/CONTRACT TITLE: 3. PAYEE IDENTIFICATION NUMBER: ( 4. RECIPIENT ORGANIZATION (INANE ANll COMPLETE Allllxl±::;5, INCLUDING ZIP CODE) : TCEQ CONTRACT NUMBER: FINAL YES NO REPORT: ACCOUNTING CASH ACCRUAL BASIS: 8. TOTAL PROJECT/GRAINY PERIOD 10. BUDGET CATEGORIES: a.Personnel/Salary b.Fringe Benefits c.Travel d.Supplies .Equipment (.Contractual g,Construction h.Other ;.Total Direct Costs (Sum a - h) Approved Budget 9. PERIOD COVERED BY THIS REPORT: ?roject Cost I Cumulative This Report Project Cost Balance ** j.Indirect Costs k.Total (Sum of i & j) *List (Itemize) on the appropriate supplemental form all component expenses comprising the total for each of these categories. Please attach receipts, as required, in accordance with Attachment B of your contract. **Negative balances in any of the budget categories should be explained in a brief accompanying narrative. 11. CERTIFICATION I certify to the best of my knowledge and belief that this report is correct and complete and that all outlays and unliquidated obligations are for the purposes set forth in the award document. ignature of Authorized Certifying fficial Typed or Printed Name and Title Telephone (Area code, number and Date Submitted ext.) Contract Name: PM2.5 Monitoring TCEQ Contract Number: 582-11-86421 ITEMIZATION OF EQUIPMENT AND CONTRACTUAL COSTS EQUIPMENT PURCHASES (during this report period) NUMBER PURCHASED ITEM DESCRIPTION (Should match description provided for approval) UNIT COST TOTAL COST TASKS :TOTAL EQUIPMENT 269a) EXPENDITURES (must agree with line 10e on Form C®NTR�CTU/�L EXPENDITURES (during this report period) SUBCONTRACTOR (NAME) FOR AL CONTRACTUAL EXPENDITURES (must agree with line 'i0t on Form 269a) COST (THIS PERIOD) �� TASKS * LEGIBLE PURCHASE ORDER ANDlOR INVOICES MUST BE ATTACHED TO THIS FORM FOR EACH LISTED ITEM OR EXPENDITURE. Contract Name: PM2.5 Monitoring ITEMIZATION OF CONSTRUCTION COSTS TCEQ Contract Number: 582-1 1 -86421 ICONSTRUCTION COSTS (during this report period) DESCRIPTION PURPOSE COST (THIS PERIOD)�] TASKS OTAL CONSTRUCTION EXPENDITURES (must agree with line 10g on Form 269a) $ *LEGIBLE DOCUMENTATION MUST BE ATTACHED FOR ALL LISTED EXPENDITURES. Contract Name: PM2.5 Monitoring TCEO Contract Number: 582-11-86421 SUPPLIES PURCHASED (during this report period) NUMBER ITEM DESCRIPTION UNIT TOTAL TASKS PURCHASED (Should match description provided for approval) COST COST TOTAL SUPPLY EXPENDITURES (must agree with line 10d on Form 269a) $ ���E� EXPENDITURES (during this report period) NUMBER PURCHASED DESCRIPTION UNIT COST TOTAL COST TASKS TOTAL OTHER EXPENDITURES (must agree with line 1 Oh on Form 269a) $ *LEGIBLE RECEIPTS OR OTHER SUBSTANTIATING DOCUMENTATION MAY BE ATTACHED FOR EXPENDITURES THAT EQUAL OR EXCEED $500. 39 of 48 Contract Name: PM2.5 Monitoring- TCEQ Contract Number: 582-11-86421 ITEMIZATION OF PERSON NEUSALARY AND TRAVEL COSTS PERSONNEL/SALARY EXPENDITURES (during this report period) EMPLOYEE NAME TITLE/POSITION SALARY (THIS TASKS PERIOD TOTAL PERSONNEL/SALARY EXPENDITURES (must agree with line 10a on Form 269a) TRAVEL EXPENDITURES (during this report period) DESCRIPTION REASON COST (THIS PERIOD TASKS TOTAL TRAVEL EXPENDITURES (must agree with line 10c on Form 269a) * SUBSTANTIATING DOCUMENTATION (time sheets, travel receipts, etc.) MAY BE REQUIRED TO BE ATTACHED TO THIS FORM Contract Name: PM2.5 Monitoring TCEQ Contract Number: 582-11-86421 1. The PERFORMING PARTY, in order to obtain reimbursement for those expenditures authorized under this Contract, shall submit, a completed, legible TCEQ Financial Status Report (TCEQ Form 269a) and any required TCEQ Supplemental 269a forms. Unless directed otherwise in the Contract, the PERFORMING PARTY shall submit such payment request documents by not later than twenty-one (21) days after the close of each state fiscal year quarter. The reporting periods shall also correspond to the State of Texas fiscal year quarters (September -November; December -February, March -May; June -August), Each Financial Status Report shall indicate, for each budget sub -category the PERFORMING PARTY'S project expenditures for the period in question, the cumulative expenditures with respect to each budget sub -category, and the balance remaining in each budget sub -category following reimbursement of the amount being requested. A quarterly Financial Status Report is required even if no expenses were incurred during the report period. 2. All requests for reimbursement of expenditures that fall within either the "Equipment" or "Contractual" categories of the Contracts Cost Budget shall be itemized by the PERFORMING PARTY on Supplemental Form 269a-1 and identified with respect to the major tasks or objectives, set forth in the Scope of Work, that such expenditures support or satisfy. In addition, the PERFORMING PARTY shall attach, for each reimbursable cost listed on Supplemental Form 269a-1, legible documentation that (1) serves to further identify the specific piece of equipment received or the services provided, (2) clearly identifies the vendor or subcontractor who provided the equipment or services, and (3) that confirms the reimbursable amount listed on the form. In the case of equipment purchases, the attached documentation shall be either a purchase order marked "received/paid" or a vendor -submitted invoice similarly marked. In the case of subcontractor provided services, the documentation shall consist of a dated invoice that shows the amount billed to the PERFORMING PARTY and any "past due" amount from previous invoices. 3. All requests under this Contract for the reimbursement of expenditures that fall within the "Construction" category of the Contracts Cost Budget shall be itemized by the PERFORMING PARTY on Supplemental Form 269a-2 and identified with respect to the major tasks or objectives, set forth in the Scope of Work, that such expenditures support or satisfy. In addition, the PERFORMING PARTY shall attach, for each reimbursable cost listed on Supplemental Form 269a-2, legible documentation that (1) serves to further identify the specific cost, (2) clearly identifies the vendor or subcontractor who provided the construction related materials or services, and (3) that confirms the reimbursable amount listed on the form. The attached documentation shall be either a purchase order marked "received/paid" or an invoice similarly marked. In the case of subcontractor provided construction services, the documentation shall consist of a dated invoice that shows the amount billed to the PERFORMING PARTY and any "past due" amount from previous invoices. 4. All requests for the reimbursement of expenditures that fall within either the "Supply" or "Other" categories of the Contracts Cost Budget shall be itemized by the PERFORMING PARTY on Supplemental Form 269a-3 and identified with respect to the major tasks or objectives, set forth in the Scope of Work, that such expenditures support or satisfy. In addition, for any single -listed item or service costing more than $500, the PERFORMING PARTY shall attach, for each reimbursable cost listed on Supplemental Form 269a-3, legible documentation that (1) serves to further identify the specific items or services, (2) clearly identifies the vendor or subcontractor who provided the items or services, and (3) that confirms the reimbursable amount listed on the form. Although issued purchase orders and/or invoices marked "received/paid" represent the preferred types of documentation for purposes of this section, the PERFORMING PARTY may substitute/attach other records or documents that provide the same type of information. The PERFORMING PARTY shall not intentionally break up single orders of identical or similar items, materials or supplies simply for the purpose of avoiding the above requirement to provide confirming documentation when submitting reimbursement requests to the TCEQ. 5. All requests for reimbursement of expenditures that fall within either the "Personnel/Salary" or "Travel" categories of the Contracts Cost Budget shall be itemized by the PERFORMING PARTY on Supplemental Form 269a-4 and identified with respect to the major tasks or objectives, set forth in the Scope of Work, that such expenditures support or satisfy. Although no supporting documentation is required to be attached to Supplemental Form 269a-4 with respect to reported "Personnel/Salary" expenditures in order to receive reimbursement, the PERFORMING PARTY is expected to maintain signed time sheets that can serve to verify the total, overall hours of staff time being directly billed to this Contract. With respect to employee travel, all costs listed on Form 269a-4 must be supported by attached documentation that identifies the name of the traveler's, and that substantiates the reported reimbursable costs. Documentation, for the purpose of substantiating travel -related costs, includes the following: (1) legible copies of the PERFORMING PARTY -approved travel vouchers, signed by the employees who traveled, and (2) for any travel -related expenses under this contract borne directly by the PERFORMING PARTY (and thus for which reimbursement by the PERFORMING PARTY to the travelerwas not required) separate receipts showing, at a minimum, the traveler's name, the travel location, and the travel date(s). 6. When a single expenditure supports or satisfies more than one task or objective, the PERFORMING PARTY need not breakdown that particular expenditure by specific contract task or objective but may simply identify, in relative cost order, the various tasks or objectives supported. Contract Name: PM2.5 Monitoring TCEQ Contract Number: 582-11-86421 T ItT o , _F � A HUB Subcontracting Plan O attachment B Vrome Contractor Progress Assessment Report MEM Contract/Requisition Number: (a) Date of Award: (b) Object Code: c (mm/dd/yyyy) (Agency Use Only) Contracting Agency/University Name: (dl) W2) Contractor (Company) Name: (e) State of Texas VID M (f) Point of Contact: (g) Phone #: (h) Reporting (Month) Period: (i) Total Amount Paid this Reporting Period to Contractor: (j) NUB and Non Report HUB 3 subcontractor information Subcontractor's Name Subcontractor's VID or 'Texas Total Contract $ Total $ Amount Paid Total Contract $ t Code Ussee O (Ageency Only) (Agency HUB Certificate Number Certified Amount from HSP This Reporting Period Amount Paid to HUB? with Subcontractor to Subcontractor Date to (Yes or Nal Subcontractor (kl) (k2) (I) (m) (n) (o) (p) $ $ $- $- $ $- Signature: Title: Date: *Note: HUB certification status can be verified on-line at: http://www2.cpa.state,tx,us/cmbi/hubonly.htmi Rev.10107 Contract Name: PM2.5 Monitoring TCEQ Contract Number: 582-11-86421 Texas commission on Environmental Quality Historically Underutilized Business (HUB) - Instructions for prime contractors on how to fill out the Progress Assessment Report (PAR) form. Refer to attached PAR form in Excel. (a) Contract/Requisition Number: enter your contract number, for example: 582-9-8987� (b) hate of Award: enter award date of contract. (c) Leave this blank, agency to fill n. (dl) Contracting Agency/University Name: enter Texas Conunission on Enviromnental Quality (d2) Enter Work Order number (example 228-0123,) and Invoice Number (e) Contractor (Company) Name: enter your company name as stated in the Contract (f) State of Texas VID#: Prime contractor Vendor Identification Number (g) Point of Contact: enter company's representative (h) Phone#: enter point of contact phone number, start with area code (xxx.)7yy.zzzz) or your 1.800 number (i) Reporting (month) period: enter invoice service period J) Total amount paid this reporting period to prime -contractor: Include lump sum of all totals paid to prime contractor and all sub -contracting for this invoice period. This should equal in sum to the prime contractor invoice. (kl) Subcontractor's name: list all your subcontractors. This will include all HUB and non -HUB Subcontractors listed on the HUB Sub -contracting Plan, HSP. (k2) Subcontractor's VID (1) Texas Certified HUB? (Yes or No): enter YES if the subcontractor is an Active HUB (in) Total Contract $ Amount from HSP with Subcontractor: enter the amount from HSP, by multiplying the percentage goals with your Contract Amount. This amount will be the same throughout the life of the Contract, unless an amendment has taken place. (n) Total $ Amount Paid This Reporting Period to Subcontractor: enter the participation amount tn from Subcontractor for this invoice only. (o) Total Contract $ Amount Paid to Date to Subcontractor: enter the total amount for this subcontractor invoicing from the initiation of this contract. (p) Leave this blank; agency to fill-in. If you have any questions please feel free to contact the TCEQ HUB office at 512/2394273. Contract Name: PM2.5 Monitoring TCEQ Contract Number: 582-11-86421 Atiachiment C TE/VAS COMMISSION ON ENVIRONMENTAL QUALITY hereby releases the TeAas 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" b3T TCEQ in accordance with said contract is requested. Executed on this day of BY: (sig�zature) (n�r�2e, typed or pri�Zted) N N 07 N .Q 7 c O �U V W U rn c `o .� O N a aCi G z U 0 �� d C M bn O O L r � a� E � o � y '� u c: L-a •o c o � �:, d � O � r r � '� = c, �� O � C � � N c: �. 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L V] r 7 O 'O �_ 'O U O '.,.. a� � _ v � � � o ? � ti .-� _ J No = o `o Z `LL '"' o = r N � �� � � � � � N 3 M Vl M O O a a �, m � o' ''� � � � . w O O 6. �"' F. 0 � �%" � � � c� `m U U U a O A � �_ � � � � Q � M U f+l U M oOb '�. "�'h U Ol U U U U N cJ N N � 1 �' � � � i N 0J > V � 11. � (.-�. U m � m •- N � � . ce n '� O � � ..t, q W q ca a M O �_ O O O .M. O � O O O O O O O � � M V] � � a, D, a .� O O N �`' M ob M W GO 00 07 07 07 �J 7 d' 7 -�' d' 7 '3' 7 bL V � H oU 0 O 0 v �o :� � F-. N _ .� ^] c1 CJ �iy � r O v K' � .. U � c1 •� � bL � •� _ � O i _ ^ U V] = � y O Jv, bf, � s __ � bA � p o 'o s � b r. :; . � � o cl E^ v .r o ,� C cc � •N y •U �, p Uai C.., � N �y � O F, '-y '' O O O � � G, O °3' °' o N °' --a�r< J � U � � .� QJ nUJ � � GrJ �: � O C U � z a � � � G U C_1 �0.. � r N O N 'v .� •� . � W o �- 0 0 � �' .7 .y C� in U K' cG b11 bA � T � N C � O O O O a O U U _, � .. .._ .= p � Z O ccO�� bt! � � G •� � y N ... O > V �.. ur N N O •^ � '� 0 0 0 .:� A +� O O W�� � � � � � icy r R C cr�i T � � O � O � O � N 7 7 � A U ^�. cC CS Q N O .0 U .._ �8 �'.. a z��a z o d � E-' (/] > O a z��a a 0 0 d' z C O N i Page 1 of 2 City of Fort Worth, Texas Mayor and Council C Hilt unication COUNCIL ACTION: Approved on 7/13/2010 -Ord. No. 19213-07-2010 DATE: Tuesday, July 13, 2010 LOG NAME: 52TCEQ PM2.5 FY11 REFERENCE NO.: **C-24316 SUBJECT: Authorize the Execution of an Intergovernmental Cooperative Reimbursement Agreement In the Not To Exceed Amount of $30,712.66 with the Texas Commission on Environmental Quality for the Operation of Local Air Pollution Particulate Emission Monitoring Sites and Adopt Appropriation Ordinance RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to execute an Intergovernmental Cooperative Reimbursement Agreement with the Texas Commission on Environmental Quality for the period of September 1, 2010 through August 31, 2011 with a not to exceed amount of $30,712.66; 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Fund in the amount of $30,712.66 in Fiscal Year 2010-2011, subject to receipt of an executed contract amendment; and 3. Apply indirect cost at the most recently approved rate of 21.48 percent for the Environmental Management Department. DISCUSSION: In 1998 the United States Environmental Protection Agency (EPA) revised its measurement standards for Particulate Matter (PM) emissions into the atmosphere. Since Fiscal Year 1999-2000, the Texas Commission on Environmental Quality (TCEQ) has contracted with the City for operation and maintenance of the monitoring equipment provided by the TCEQ for three PM monitoring stations. The location of each station is as follows: Haws Athletic Center 600 Congress Street 2 monitors Council District 2 Arlington Municipal Airport 5000 South Collins Street 1 monitor The City is responsible for retrieving the sampling filters and data, sending filters and data for analysis and performing regular audit and maintenance activities on the equipment under the terms of the contract. The Agreement period begins September 1, 2010 and ends August 31, 2011, with a limit of $30,712.66 for reimbursement of expenses to the City of Fort Worth with the option to renew the Agreement for three additional one-year periods upon written consent of the parties by an Amendment to this Agreement. FISCAL INFORMATION /CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations, receipt of grant funds and adoption of the attached appropriation ordinance, funds will be available in the current operating budget, as appropriated, of the Grants Fund. Funds will be reimbursed by grantor after expenditures are made. FUND CENTERS: http://apps.cfwnet.org/ecouncil/printmc.asp?id=13675&print=true&DocType=Print 7/20/2010 Page 2 of 2 TO Fund/Account/Centers 2)GR76 451543 052412121000 2) GR76 5(VARIOUS) 052412121010 CERTIFICATIONS: Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: $30,712.66 $30,712,66 ATTACHMENTS 1. 52TCEQ PM2.5 FYI AO.doc (Public) FROM Fund/Account/Centers Fernando Costa (6122) Brian Boerner (6647) Michael Gange (6569) http://apps.cfwnet.org/ecouncil/printmc.asp?id=13675&print=true&DocType=Print 7/20/2010 ME INTEROFFICE MEMO TO: Tara Sims, Environmental Management Department FROM: Allison Tidwell, City Secretary's Office DATE: July 26, 2010 SUBJECT: INTERGOVERNMENTAL COOPERATIVE REIMBURSEMENT AGREEMENT IN AN AMOUNT NOT TO EXCEED $30,712.66 FOR OPERATION OF LOCAL AIR POLLUTION PARTICULATE EMISSION MONITORING SITES (C-24316) These documents are being forwarded to you for original signatures from the Texas Commission on Environmental Quality. All signed copies of the contract must be returned with original signatures for final processing. Failure to return the documents will delay the final processing of the contract. Once we have received all of the documents, we will assign a contract number. Thank you in advance for your cooperation. If you have any questions, please call me at 817-392-6090. Attached: 4 sets