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I�FFICIAL RECORD d '� 0000 °Q° �d
CITY SECRETARY
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'ontract Authorizatioa
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Date
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CONTRACT DOCUMENTS LIST
Cooperative Reimbursement Contract
for State Agencies and Local Governments
i This Contract between TCEQ and Performing Party consists of the Contract Documents listed on this page and marked by
an"X." Documents on this list include all amendments. 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
i 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.
® Contract Signature Page
® Contract Documents List(this page)
® Special Terms and Conditions
® Federal Section(Including Federal Conditions and Completed Forms)
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® Scope of Work
® General Terms and Conditions
® Cost Budget
® Notices,Project Representatives and Records.Locations
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582-15-50040 Page 2 of 39 City of Fort Worth PM2,5
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' SPECIAL TERMS AND CONDITIONS
1. The Term of the Contract shall commence on September 1, 2014, or the date of last Contract
Signature,whichever is later, and continue through August 31, 2o15.This Contract maybe
renewed for three (3) one-year periods upon mutual written agreement between both Parties.
The same Contract requirements apply to a renewal period and any extension as apply to the
Contract period.
2. Pricing must be firm for the term of the Contract.
3. TCEQ reserves the option to add or subtract like items or services to this Contract at the same
! price rates,as set forth in the Schedule of Payments,during the period of the Contract
including any renewals or extensions. Line item quantities listed are the TCEQ's best estimate
and actual quantities will be in accordance with requirements during the Contract period and
any exercised renewals or extensions.
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582-15-50040 Page 3 of 39 City of Fort Worth PM2.5
i Federal Conditions and Forms
ARTICLE 1. FEDERAL REQUIREMENTS
This Agreement is funded in whole or in part with federal grant money.All applicable requirements of
TCEQ's federal grants;40 Code of Federal Regulations(CFR)Chapter 1,Subchapter B,including but not
limited to,Parts 7,31 through 35;and any additional federal funding conditions that arise during the
I Agreement period,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,Grantee,or Contractor,as applicable.
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ARTICLE 2. FEDERAL INTELLECTUAL PROPERTY REQUIREMENTS
A royalty-free,nonexclusive,and irrevocable license to use,copy,publish,and modify any intellectual
j property to which rights are granted or assigned to TCEQ in this Agreement are also granted to,assigned
to,or reserved by the Federal Government.
ARTICLE 3. ACKNOWLEDGMENT OF FINANCIAL SUPPORT
! The Performing Party shall acknowledge the financial support of the TCEQ and the U.S.EPA whenever
I work funded,in whole or part,by this Agreement is publicized or reported in news media or publications.
All reports and other documents completed as a part of this Agreement,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 WITII THE
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY AND
U.S. ENVIRONMENTAL PROTECTIONAGENCY
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 AGREEMENT
If this Agreement was not competitively procured or if payment is based on reimbursement of actual
costs,then Performing Party shall submit cost information sufficient for a cost analysis as required by 40
CFR§,31.36. This information must be submitted on the Cost or Price Summary format form found
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below.
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
f costs among projects.
2. Performing Party shall have a property management system that complies with 40 CFR§§31.32
j through 3x•33•
ARTICLE 6. RECORD DOCUMENTS, DATA, RECORDS, ACCESS,AND AUDIT
1. 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 Agreement.The Performing Party shall maintain fiscal
records and supporting documentation for all expenditures of funds pursuant to Office of Management
and Budget(OMB)Circulars A-21,A-87,A-102,or A-11o,as appropriate.
i 582-15-50040 Page 4 of 39 City of Fort Worth PM2.5
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2. In accordance with OMB Circular A-133,the Performing Party shall obtain a single audit if it expends
$5oo,000 or more a year in federal awards.
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ARTICLE 7. SUSPENSION AND DEBARMENT
1, Performing Party shall fully comply with Subpart C of 2 CFR Part 18o,entitled"Responsibilities of
Participants Regarding Transactions Doing Business With Other Persons."Performing Party is
responsible for ensuring that any lower tier covered transaction,as described in Subpart B of 2 CFR Part
i8o,entitled"Covered Transactions,"includes a term or condition requiring compliance with Subpart C.
Performing Party is responsible for further requiring the inclusion of a similar term or condition in any
subsequent lower tier covered transactions.Performing Party acknowledges that failing to disclose the
information required under 2 CFR 180.335 may result in the delay or negation of this agreement or
pursuance of legal remedies.
2.Performing Party may access the Excluded Parties List System at http://www.epls.goy,
ARTICLE S. DISADVANTAGED BUSINESS ENTERPRISES (DBEs)
1. The Performing Party shall not discriminate on the basis of race,color,national origin or sex in
i the pdrformance of this contract.The Performing Party shall carry out applicable requirements of
i 40 CFR Part 33 in the award and administration of contracts awarded under EPA financial
assistance agreements.Failure by the Performing Party to carry out these requirements is a
material breach of this contract which may result in the termination of this contract or other
legally available remedies.
2. Performing Party agrees that qualified DBEs 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 or any goods and/or services procurements that
directly support the required Work.
3, The Performing Party is required to make a good faith effort to include Historically Underutilized
Businesses(IIUBs)or DBEs on any solicitations for subcontractors and for suppliers(vendors)of
contract-required goods and/or services.Records documenting compliance with the six good faith
efforts found in 40 CFR Section 33.301 shall be retained.
4. Performing Party must submit a completed HUB Progress Assessment Report(PAR)or the EPA
Form 570o-a (if a HUB Subcontracting Plan(HSP)is not required)with each reimbursement
request submitted.At a minimum this report shall include the name of the HUB or DBE,a
description of the work,services or materials provided,the amount paid to the HUB or DBE,and
the name and telephone number of a contact person within the HUB or DBE.
5. Before terminating a DBE for convenience,the Performing Party must notify TCEQ in writing for
prior approval,
j 6. 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 demonstrate the same good
faith effort-to procure the replacement subcontractor.
7. The Performing Party must pay its subcontractors for satisfactory performance no more than io
days from the Performing Partys receipt of payment from TCEQ.
8. The Performing Party must complete the following forms:
a. The Performing Party shall provide the attached DBE Subcontractor Participation Form,
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 for
Region 6.
b. The Performing Party must have its DBE subcontractors complete Form 6100-3,DBE
Program Subcontractor Performance Form.
c. The Performing Party must complete and submit Form 6100-4,DBE Program
Subcontractor Utilization Form.
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d. Performing Party must submit forms 6100-3 and 6100-4 to TCEQ prior to contract
award. When the agency requires a HSP,the completed HSP and supporting
documentation must be included with the proposal/bid;otherwise proposal/bid shall be
deemed non-responsive for failure to comply with advertised specifications.
j ARTICLE 9. PROHIBITION ON USE OF FEDERAL FUNDS FOR LOBBYING AND
LITIGATION
i. The Performing Party agrees to comply with Title 40 CFR Part 34,New Restrictions on Lobbying.
The Performing Party agrees that none of the funds paid under this Contract will be used to
Iengage in the lobbying of the Federal Government or in litigation against the United States unless
authorized under existing law. When Performing Party applies for final payment,Performing
Party will certify on a written form provided by the TCEQ that Performing Party has complied
with this provision.
2. in accordance with the Byrd Anti-Lobbying Amendment,any recipient who makes a prohibited
expenditure under Title 40 CFR Part 34 or fails to file the required certification or lobbying forms
shall be subject to a civil penalty of not less than$io,000 and not more than$1oo,000 for each
such expenditure.
3. The Performing Party shall submit to the TCEQ to Certification Regarding Lobbying form.
ARTICLE 10. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT
(FFATA) REPORTING
1. In accordance with 2 CFR Part 25,entities that receive subawards from TCEQ that are funded
! wholly or partially with federal funds must(1)be registered in the Central Contractor Registration
(CCR)prior.to submitting an application or plan or entering into an agreement; (2)maintain an
active CCR registration with current information at all times while the application or plan is
under consideration by TCEQ or during the term of the agreement;and(3)provide its Data
Universal Numbering System(DUNS)number in each application or plan it submits to TCEQ,
unless an exemption applies.
2. No funds may be received or awarded until Performing Party has complied with these
requirements and provided a valid DUNS number.
3. Additionally,in accordance with 2 CFR Part i7o,if certain elements are met,Performing Party
must report the total compensation for each of its five most highly compensated executives for the
preceding completed fiscal year.
4. The Performing Party shall submit to the TCEQ the Federal Funding Accountability and
Transparency Act Reporting Form
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ARTICLE 11. MZS.CELLANEOUS PROVISIONS
i. Drug-Free Workplace.The Performing Party must make an ongoing,good faith effort to maintain
a drug-free workplace pursuant to the specific requirements set forth in Title 40 CFR 36.2oo-
36.230.Additionally,in accordance with these regulations,the Performing Party must identify all
known workplaces under its federal awards and keep this information on file during the
performance of the award.
2. In accordance with EPA Order 1000.25 and Executive Order 13423,Strengthening Federal
Environmental,Energy and Transportation Management(January 24, 2oo7),the Performing
Party agrees to use recycled paper and double sided printing for all reports which are prepared as
a part of this agreement and delivered to EPA.This requirement does not apply to reports
i prepared on forms supplied by EPA,or to Standard Forms,which are printed on recycled paper
and are available through the General Services Administration.
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3. Pursuant to 4o CFR 30.18,if applicable,and 15 USC 2225a,the Performing Party.agrees to ensure
that all space for conferences,meetings,conventions,or training seminars funded in whole or in
f part with federal funds complies with the protection and control guidelines of the Hotel and Motel
Fire Safety Act(PL 101-391,as amended).Performing Party may search the Hotel-Motel National
Master List at http_//www.usfa.dhs.gov/applications/hotelL to see if a property is in compliance,
or to find other information about the Act.
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4. Ih afficking in Persons,Prohibition Statement—You as the recipient,your employees,
subrecipients under this award,and subrecipients'employees may not engage in severe forms of
trafficking in persons during the period of time that the award is in effect;procure a commercial
sex act during the period of time of the award;or used forced labor in the performance of the
award or subaward under the award,
a. TCEQ may unilaterally terminate this award,without penalty,if a Performing Party that
is a private entity: (1)is determined to have violated an applicable prohibition in the
Prohibition Statement above;or(2)has an employee who is determined by the agency
official authorized to terminate the award to have violated an applicable prohibition in
the Prohibition Statement through conduct that is either(a)associated with performance
under this award;or(b)imputed to the subrecipient using the standards and due process
for imputing the conduct of an individual to an organization that are provided in 2 CFR
1 Part 180,"OMB Guidelines to Agencies on Governmentwide Debarment and Suspension
i (Nonprocurement) ,as implemented at 2.CFR Part 1532.The Performing Party must
inform TCEQ immediately of any information you receive from any source alleging a
violation of a prohibition in the Prohibition Statement above.
b. TCEQ's right to terminate unilaterally that is described in previous section 4.a.: (1)
1 implements section lo6(g)of the Trafficking Victims Protection Act of 2000(TVPA),as
{ amended(22 U.S.C.7104(g)),and(2)is in addition to all other remedies for
noncompliance that are available to TCEQ under this award.
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I 582-15-50040 Page 7 of 39 City of Fort Worth Pi172.5
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fr a.
SEPAUntied States
Environmahtal Protfttlun Agandy
I EPA project Control Number
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+ CERTIFICATION RECuARDXNG LOBBYING
CERTIFICATION FOR CONTRACTS, GRANTS,
'LOANS AND COOPERATIVE AGREEMENTS
The undersigned certifles, to the best of his or her knowledge and belief, that:
I (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 pr employee of Congress, of
an employee of a Member of Congress in connection with the awarding of-'arty Federal
9 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,
amendmant,or:modification of any Federal contract, grant, loan; or eboperative
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agreement.
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(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 erinpioyee of any agency, a
Member of Congress, an officer.or-employee of Congress, or an employee of a Member of
Congress In.tonnec(:10h with this Federal tohtract, grant,,loan,or cooperative agreement,
the undersigned shall complete and submit Standard Farm-LLL,"Disclosure of Lobbying
Activities,"in accordance with its instructions,
i (3) The undersigned shall require thatthe language of this certification be'included in the
ainmrd documents for all sub-awards at,all tiers(.Including sub-contract , sub-grants,,and
i contracts under grants, loans,and cooperative.agreements) and that all sub_recipients
shall ceetify and disclose accordingly,
This certification 1g.A material representatfort of fact.upon which reliance yvas placed when thia
` transaction was.made or entered into. Submission of this certification is,a prerequisite for making or
entering Ingo this 1 ra.nsaction imposed by section 1352,title 31 U.S. Code. Any person who fails to file
the required certification shall be subject to a civil penalty of not lessthan$10;000 and not More thah
$100,000 for each such failure.
APPLICANT'S bRGANIZATIUN «APPROVED AS TG FORM AND LEGALITY,, �
{ City of Port Wokth Vl r-
- Assistant City A tetn At
ey ovttiv.P
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Fe. .nnndo Carta Assistant City Manager
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Typed Name of Authorized Representative Title of Authorized Representative
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Signature-.of Authorized Representative Date of-Signatu're'
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582=15-eD04Q Page 8 of 39 City of Fort.Worth PM2.5
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DISCLOSURE OF LOBBYING ACTIVITIES Approved by OMB 6349-00-46 '
Complete this form to-'disclose lobbying actIvitles pursuant to 31 U,5t.' 1359
(See.reverse for-pJjbJ1e burden disclosure.)
1. Type of Federal Action: 2. Status of Federal Actl'o.W. 3. Report Type:
a bid/Dfferf0plicatlon a. initial filing
a. contract
F-a b, grant 5:1 b, Initial award Fa I 'b. material.-change
c._ cooperative a. post-award
agr6errierit- For Mteri.atl Ch.angqb Only:
d'. loan' year quarter
e. loan guarantee -dzite of last report
f. loarl Insumn.ce.
4. Name and Addreds of Reporting Entity,. S. If Reporting Entity in No.4 is 6 Subawardeer Enter Name
and Address of Prime-
U-Prime MS(tbawardge Texas Copgiiasion oA YnViroiltientil Quality
Tier—,if-known.- 12100 Park 35 C:Lrr-J...e
City of Fort Worth Austin TX 78153
1000 'Thtockmprton Street
Fort Worth TX 76.102
Corte sessional District,wknown. Congressional District,1t;known.,
6. Federal DepattmdrIt/AgencV, 7. Federal Progrard..Name/De9cription:
US EiaV.;Lt6nmental Protection Agency
CFDA Number,ffapplkajvk: 66.034
B. Federal Action Number,if known., 9� AWo.fd Amount,YknoWW
06,101-67
ID,p.Narnle and.Addr4pss of 1,615bVing Registrant b. Xndividuals Performing Services(Including address it
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(If IndIvidual,.last name,first name,M!): different from No, I Oa)
-None (last name, first name,Mr):
N/A
OM
iniorm8tion-requasted through this form Is auttiorlted bytItle,31 U,S.C.
section 13�2. 'Thls disclosure of'tobbyln*g activities is a. material Signature
sentation of fact upon which reliance Was placed by the tlef above
When tbfS'trar1&0Ct10n, Was MtfdG or entered Into, This discicourd f8r Print Ndme: .Fernando Costa
required pursuant to3lu.s,C.;L352: This Inforniatlon will be reported to
the Congress send-brinudily*and'will bL:avallable fOr pubilt InsilectiO, Tltl.e� A
181tant
Any:person t3
WHO-falls to Me the disclosure shall be subject to a
civil penalty of not*less than-.$10,000 bnA not More thari$100,000 10 Telephone No,: (811)� 2-612 Date:
each such failure, 39. 2
_7 Authoriled for Local Rdproclogdoa
A
Standard Form LL
L(Rev.,-4/7,012)
F�"PRGTED AS TO FOM AND LEGALITY;
582-15-50040 page 9 of 39
C11y of Fort Worth PM2.5
INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURIE 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. 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 submltted'report by this reporting entity for this covered
Federal action.
I4. 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 1st tier. Subawards Include but are not limited to subcontracts,subgrants and contract awards under grants.
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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.
I, 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 Proposal(RFP)number;.
Invitation for Bid(IFB)number;grant announcement number; the contract,grant,or loan award number;the application/proposal control number
assigned by the Federal agency). Include prefixes,e.g.,"RFP-DE-90-1001."
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 of the lobbying registrant under the Lobbying Disclosure Act of 1995 engaged by the
j 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
f Middle Initial(MI).
11. The certifying official shall sign and date the form,print his/her name,title,and telephone number.
i According to the Paperwork Reduction Act,as amended,no persons are required to respond to a collection of information unless It displays a valid OMB Control
number. The valid OMB control number for this Information collection is OMB No.0348-0046. Public reporting burden for this collection of information Is
estimated to average 10 minutes per response,Including time for reviewing instructions,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,
DC 20503.
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582-15-50040 Page 10 of 39 City of Fort Worth PM2.5
United States OMB Control No:2090-0030
® EAEg i ymental Protactlon A% nA Agency
Approved:8/13/2013
Approval Expires:8/31/2015
Disadvantaged Business Enterprise (DBE)Program
DBE Subcontractor Utilization Form
This form is intended to capture the prime contractor's actual and/or anticipated use of identified certified DBEI
subcontractors2 and the estimated dollar amount of each subcontract. An EPA Financial Assistance Agreement
Recipient must require its prime contractors to complete this form and include it in the bid or proposal package.
Prime contractors should also maintain a copy of this form on file.
Prime Contractor Name Project Name
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Bid/Proposal No. Assistance Agreement ID No. (if known) Point of Contact
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Address
Telephone No. Email Address
Issuing/Funding Entity:
I have identified potential DBE YES NO
certified subcontractors
If yes,please complete the table below.If no,please explain:
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Subcontractor Name/ Company Address/Phone/Email Est.Dollar Currently
Company Name Amt DBE
Certified?
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Continue on back if needed
{ 1 A DBE is a Disadvantaged,Minority,or Woman Business Enterprise that has been certified by an entity from which EPA accepts certifications as
described in 40 CFR 33.204-33.205 or certified by EPA. EPA accepts certifications from entities that meet or exceed EPA certification standards as
described in 40 CFR 33.202.
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2Subcontractor is defined as a company,firm,joint venture,or individual who enters into an agreementwith a contractor to provide
services pursuant to an EPA award of financial assistance.
EPA FORM 6100-4(DBE Subcontractor Utilization Form)
582-15-50040 Page 11 of 39 City of Fort Worth PM2.5
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United States OMB Control No:2040-0030
arlr' ��Environmental Protection
Agency Approved:8/13/2013
Approval Expires:8/31/2015
Disadvantaged Business Enterprise(DBE)Program
! DBE Subcontractor Utilization Form
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I certify under penalty of perjury that the forgoing statements are true and correct. Signing this form does not
signify a commitment to utilize the subcontractors above. I am aware of that in the event of a replacement of a
subcontractor,I will adhere to the replacement requirements set forth in 40 CFR Part 33 Section 33.302 (c).
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Prime Contractor Signature Print Name
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Title Date
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The public reporting and recordkeeping burden for this collection of information is estimated to average three(3) hours
per response.Send comments on the Agency's need for this information,the accuracy of the provided burden
iestimates, and any suggested methods for minimizing respondent burden,including through the use of automated
collection techniques to the Director, Collection Strategies Division, U.S. Environmental Protection Agency(2822T),1200
Pennsylvania Ave., NW,Washington, D.C.20460. Include the OMB control number in any correspondence. Do not send
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the completed form to this address.
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EPA FORM 6100-4(DBE Subcontractor Utilization Form)
582-15-50040 Page 12 of 39 City of Fort Worth PM2.5
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NM Environmental States OMB Control No:2090-0030
j � Enviro ronmental Protection
NVERA'AAgency Approved:8/13/2013
I ApprovaI Expires:8/31/2015
li Disadvantaged Business Enterprise(DBE)Program
DBE Subcontractor Performance Form
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This form is intended to capture the DBE1 subcontractor's2 description of work to be performed and the price of
the work submitted to the prime contractor. An EPA Financial Assistance Agreement Recipient must require its
prime contractor to have its DBE subcontractors complete this form and include all completed forms in the prime
i contractors bid or proposal package.
Subcontractor Name Project Name
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Bid/Proposal No. Assistance Agreement ID No. (if known). Point of Contact
Address
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Telephone No. Email Address
Prime Contractor Name Issuing/Funding Entity:
Contract Item Number Description of Work Submitted to the Prime Contractor Price of Work
Involving Construction, Services,Equipment or Supplies Submitted to the
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Prime Contractor
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DBE Certified By: _DOT SBA Meets/exceeds EPA certification standards?
{ _Other: YES _NO _Unknown
1 A DBE is a Disadvantaged,Minority,or Woman Business Enterprise that has been certified by an entity from which EPA accepts certifications as
described in 40 CFR 33.204-33.205 or certified by EPA.EPA accepts certifications from entities that meet or exceed EPA certification standards as
i
described in 40 CFR 33.202.
zSubcontractor is defined 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.
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EPA FORM 6100-3 (DBE Subcontractor Performance Form)
j 582-15-50040 Page 13 of 39 City of Fort Worth PM2.5
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AN United States OMB Control No;2090-0030
WEPAA. Ervnmentat Protection
` iiieesrr®®®® A ency Approved;8/13/2013
I Approval Expires:8/31/2015
Disadvantaged Business Enterprise(DBE)Program
DBE Subcontractor Performance Form
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I certify under penalty of perjury that the forgoing statements are true and correct. Signing this form does not
signify a commitment to utilize the subcontractors above. I am aware of that in the event of a replacement of a
subcontractor, I will adhere to the replacement requirements set forth in 40 CFR Part 33 Section 33.302 (c).
Prime Contractor Signature Print Name
Title Date
Subcontractor Signature Print Name
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Title Date
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The public reporting and recordkeeping burden for this collection of information is estimated to average three(3)hours
per response.Send comments on the Agency's need for this information, the accuracy of the provided burden
estimates, and any suggested methods for minimizing respondent burden,including through the use of automated
collection techniques to the Director, Collection Strategies Division, U.S. Environmental Protection Agency(2822T),1200
Pennsylvania Ave., NW, Washington, D.C. 20460. Include the OMB control number in any correspondence. Do not send
the completed form to this address.
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EPA FORM 6100-3(DBE Subcontractor Performance Form)
582-15-50040 Page 14 of 39 City of Fort Worth PM2.5
'I En States 01413 Control No:2090-0030
K Environmental Protection
Agency Approved:8/13/2013
Approval Expires:8/31/2015
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Disadvantaged Business Enterprise(DBE)Program
DBE Subcontractor Participation Form
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iAn EPA Financial Assistance Agreement Recipient must require its prime contractors to provide this form to its
i DBE subcontractors.This form gives a D13E1 subcontractor2 the opportunity to describe work received and/or
report any concerns regarding the EPA-funded project(e.g.,in areas such as termination by prime contractor,late
ipayments,etc.). The DBE subcontractor can,as an option,complete and submit this form to the EPA DBE
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Coordinator at any time during the project period of performance.
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Subcontractor Name Project Name
Bid/Proposal No. Assistance Agreement ID No.(if known) Point of Contact
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Telephone No. Email Address
Prime Contractor Name Issuing/Funding Entity:
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Contract Description of Work Received from the Prime Contractor Involving Amount Received
i Item Construction, Services,Equipment or Supplies by Prime
Number Contractor
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A DBE is a Disadvantaged,Minority,or Woman Business Enterprise that has been certified by an entity from which EPA accepts certifications as
described in 40 CFR 33.204-33.205 or certified by EPA.EPA accepts certifications from entities.that meet or exceed EPA certification standards as
described in 40 CFR 33.202.
2 Subcontractor is defined as a company,firm,joint venture,or individual who enters into an agreement with a contractor to provide
j services pursuant to an EPA award of financial assistance.
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EPA FORM 6100-2(DBE Subcontractor Participation Form)
582-15-50040 Page 15 of 39 City of Fort Worth PM2.5
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United Staten OMB Control No:2090-0030
BY 9AEnvironmental PrOteCtlon
fluency Approved;8/13/2013
Approval Expires;8/31/2015
Disadvantaged Business Enterprise (DBE)Program
DBE Subcontractor Participation Form
Please use the space below to report any concerns regarding the above EPA-funded project:
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Subcontractor Signature Print Name
Title Date
The public reporting and recordkeeping burden for this collection of information is estimated to average three(3)hours
per response.Send comments on the Agency's need for this information,the accuracy of the provided burden
estimates, and any suggested methods for minimizing respondent burden,including through the use of automated
collection techniques to the Director,Collection Strategies Division,U.S. Environmental Protection Agency(2822T), 1200
Pennsylvania Ave., NW,Washington, D.C. 20460. Include the OMB control number in any correspondence. Do not send
the completed form to this address.
)CPA FORM 6100-2(DBE Subcontractor Participation Form)
582-15-50040 Page 16 of 39 City of Fort Worth PM2,5
Solicitation#(if Fed. Tax or Vendor
applicable) ID
Company Name:
Address:
City, State,Zip:
Phone#: Fax#:
Email Address:
To qualify for EPA DBE Status all of the following must apply:
Certifying Eligibility Criteria: Indicate Certifying Entity
Texas Certified Historically Underutilized Business(HUB) Texas Comptroller of Public Accounts(CPA-TPASS)
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'Personal Net Worth less than$750,000 for each individual claiming disadvantage status(Excludes equity of primary residence and
individual's ownership interest in company), These individuals must own at least 51%of the company and have a managing control in the daily
operations. See 40 CFR 33.201. Personal Net Worth is determined as per 13 CFR 124,104(2)and 124.105 c 2.
Or(at least one below must ag /a
Certifying Eligibility Criteria: Indicate Certifying Entity;
❑ Minority-Owned Business
❑ Woman-Owned Business
❑ Disabled-American Business
❑ Native-American Small Business
❑ **HUBZone Empowerment Contracting Program Small Business Administration
**Small Business--Meets Small Business Administration(SBA)size standards for a small business. SBA size standards are located at
hits:Ilwww.sba_g ovlidcl nrouoslpublicldocuments/sba homepagelsery sstd tablepdf,pdf.
❑ Please note,if your firm qualifies as a Small Business,you may self-certify your company with SBA.You can not claim Small Business status
unless,you are SBA certified. More information on Small Disadvantage Business certification is available at
h_(tp:/Mww.sba.gov/aboutsbalsbaprograms/Sdb/index.html,
El IHistorically Black College/University(HBCU)or Minority Institution(MI), The Secretary of Education must designate HBCUs/Mis,see list at
hit :liwww.ed, ovlabout/officesllisis locrledlite-minoril insthtmi
'*Certillcation must be currently listed in the federal.database-Central Contractor Register(CCR)wm.CCR.gov
And(all below must apply)
Certifying Eligibility Criteria:
❑ United States Citizen
j 'Personal Net Worth less than$750,000 for each individual claiming disadvantage status(Excludes equity of primary residence and
❑ individual's ownership interest in company). These individuals must own at least 51%of the company and have a managing control in the daily
operations. See 40 CFR 33,201. Personal Net Worth is determined as per.J3 CFR 124.104(2)and 124.105(c)(2).
❑ Company meets other certifying criteria listed in Section 8(a)(5)and(6)of SBA Act,15 USC 631 et seq. See Website for eligibility:
htt :llwww.arnet, oyfar/currenUhtml/Sub art%2019 Thiml
Please Note,it is your responsibility to notify TCEO if your stye,ownership status,net nyorth or certification status chances
Sy execution of this form,you attest the information provided is accurate and true.
Print Name Title
Signature Date
`Important-Under 15 USC 645(d),any person who misrepresents its size or net worth status shall(1)be punished by a fine,imprisonment orboth;(2)
be subject to administrative remedies;and(3)be ineligible for participation in programs conducted under the authority orthe Small Business Act,
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582-15-50040 Page 17 of 39 City of fort Worth PM2.5
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ESTIMATED COST
•
iA t -
ESTIMA■ - • - r ••• � _. ■COST ..._, 5,t �s .tea^• xt,.
10- A ESTIMATED COST'
s
x 2 �
_ a z
a... s. ax-.....,
ESTIMATED C
EQUIPMENT SUBTOTAL:
c.SUBCONTRACTS
ESTIMATED
..... Y S
xx. .
tt
SUBCONTRACTS SUBTOTAL:
d.OTHER(Specify categodes)
•
11.1 .•- • •
d
w�
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This proposal is submitted for use in connection with and in response to(1)
This is to certify to the best of my knowledge and belief that
the cost and pricing data summarized herein are complete,current,and accurate as of(2)
and that a financial management capability exists to fully and accurately account for the financial transactions under this project.
1 further certify that I understand that the subagreement price may be subject to downward renegotiation and/or recoupment where
the above cost and pricing data have been determined,as a result of audit,not to have been complete,current and accurate as of
the date above.
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(3).
DATE OF EXECUTION SIGNATURE OF COMPOSER
TITLE OF COMPOSER
14.LOAN RECIPIENT
certify that I have reviewed the cost/price summary set forth herein and the proposed costs/price appear acceptable
I for subagreement award.
DATE OF EXECUTION SIGNATURE OF REVIEWER
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TITLE OF REVIEWER
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EPA Form X5700-41
582- 5-50040 Page 19 of 39 City of Fort Worth PM2.5
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Texas Commission on Environmental Quality
Federalfundlin g.Accountabillity-and Transparency Act Reporting Form
(See attached Instructions and return completedfarm with signed caplesof contract)
The OW
_q PT from-this form
TCE are 4 Ven�ors providifig g.d.ods.(')t services(See OMB Citculat M 33)
• dIvlduhls acting as..,jot u .ral ':pe rs.on(Le,n not
*'Pederal A' -s
1.) Name City•of Fort Worth
2) DBA.Narne Transportation&.Public Works Department;Envlronm*ental Management Division
-4) DUNS Number 0 4).DUNS Number+4
5)Address 1000 Throckmorton.Street
City Fort Worth State hjos I Zip Code 176102
County Tarrant
rant
6)Parent DUNS Numbar
7),Primary site where the 1000Th-f6ckmorton Street
work,will be performed
City Fort Worth State Texas Zip Code
County ITarrant
8) a)In your business or organization's previous fiscal year,did your business or organization(including parent Yes
organization,all branches,and all affiliates-world wide)receive 80 percent or rnbre in annual gross r'ev6nuesfrcirn
U.S.,federal contracts,,subcontracts,loans,grants,subgrants,and/or cooperative agreements.?' No
If No,then go to Question No.9 and complete remaining queAlons,
b)In your Efuslri'qss o"rorganization'sflarevious fiscal yeord1clyour'businass or organization(including parent
r] Yes
ail branches,and all afflllates world wldo.)receive$25,1000,000or moreinannual gross revenues
from U.S.federal contracts,subcontracts,loans,grants,-subRrants,and/or cooperative vo agreerhe.nts? El No
If No,then go to Question No,.g and complete remaining quost(ons,
C)If Yes,complete link to S1=C. httpJ/www.sec-gov/
Otherwise,provide names below:
d) Provide below naives and compensation of top 5 highly compensated officers:.
Name Amount
Name Amount
Name AmoUht
Name Amount .7
Name Amount
TCEQ-20589 Page I 6f 4
Texas Commission on Environmental Quality
or Iq Federal Funding Accountability and Transparency Act Reporting Form
(Continued)
(Seeattached instructions and return.compieted fort with signed copies of contract)
TCEQ
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9)Project Description
Operation and maintenance of the PM 15 sEimplirlg network.
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i 10)Contract Number 1.582-15-60040
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11)Form preparer's Name Sarrtefla Wilson 12)Preparer's Title Accounting Services Supervisor
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13)Preparer's Phone Number 817-392-2335 14)Date Form Completed 08/26/2014
TCEQrs USE ONLY
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15)Date Contract Signed 16)Amount of Contract
1
I 17)CFDA Program Number 18)CFDA Program Title
19)Federal Agency Name
21iTCCQ Umbrella Contract Number&
2-0)TCEQ Contract Number Work Order Number(if applicable)
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22)USAS Grant Number
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i TCCQ-206-89 Page 2 of 4
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FT texas Commission on E,�
Vironm@nfai Quality
G V Federal Funding e4(eountabiiity and Transparency Act RepQrtfn Form
ttt��25 g
TCEIQ
=1 !>siiu, + `i i< TIY2krL11 4' 1 S�YfcfaCI tJF � gt` 4 _
IgEt
NO
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EM
_ } GZQtir
:. .c- . .. .... : r. - -
q� r���`' pip t�r� p �s�• 3' q 1� +,�,�{ �yye y +�, •$-'p�� „� y.� -�'s"-'�:�'"]!':"'�-sg_'.��}.ry-i��
1.HE}:•1._Z:. Jl_!?t�,'l.* 1 .. Y1YY
F{�1��� �=1 ��� ��C/:+::;••.-_.:•._....-_•_,.._.,_._-.:-»c�.-- ._:�•="='.,--rte:..�-_ ._...
......•..._�-.....-._-_..___-_.._.... .._._.�....-..n:.::...m�=_....-•-�;.�r.,._. ...rte_�•:.�..,....«_._ �........._:�_s.-...«.. .. .,..«_..�
-sa�.::.:-:_.—.....-. .«.._..... _.-..-,.-...- •t...^—_.«v:»=-F. .._...._�..a•=c...,_...,.«.,......_�-..:•-• �3=�-'�.�-:
�...-_..._:�•.•_- _...__.;...._.__..._._ `-»ter,...«.rc.._._.7-•_.-..._........-..p-r�.�_... -.:.:s.'=.;....�r,.......a _ __ - _ .
1) The name of the contractor organization that corresponds with the contractor's Data Universal Numbering System(DUNS)which
appears In the Central Contractor Registration(CCR)profile,
2) The"doing-business-as"name of the contractor's organization which corresponds with the contractor's DUNS which appears in
the Central Contractor Registration(CCR)profile.
3) The contractor's organization's 9-digit DUNS number.
4) The+4 extension to the DUNS number created by registrants in CCR when there is a need for more than one bank/Electronic
Funds Transfer(EFT)account for a location. {
5) Address where the contractor's organization is located which corresponds with a CCR profile.
6) The contractor's parent organization's 9'-digit DUNS number which corresponds with the parent CCR profile,
7) Primary site where the work will be performed,
8) a)In your business or organization's previous fiscal year,did your business or organization(including parent organization,all
branches,and all affiliates world wide)receive 80 percent or more in annual gross revenues from U.S.federal contracts,
subcontracts,loans,grants,subgrants,and/or cooperative agreements? Check Yes or No, If N0,then go to question#9 and
complete remaining questions.
b)in your business or organization's previous fiscal year,did your business or organization(including parent organization,all
branches,and all affiliates world wide)receive$25,000,000 or more in annual gross revenues from U.S.federal contracts,
subcontracts,loans,grants,subgrants,and/or cooperative agreements? Check Yes or No. If N0,then go to question#9 and
complete remaining questions.
c)if YES to both(a)and(b)above,then does the public have access to the information about the compensation of the senior
executives in your business or organization(including parent organization,ail branches,and all affiliates worldwide)through
periodic reports filed under section(13(a)or 15(d)of the Securities Exchange Act of 1934(15 U.S.C,78m(a),780(d)or section
6104 of the Internal Revenue Code of 1986? Complete the link to Securities and Exchange Commission (SEC): '
http://www.sec.gov/
d)if not,then provide the following: Names and compensation of top 5 highly compensated officers;if applicable(This will be the
same compensation information which appears in contractor's CCR profile)
9) Project Description(The description should capture the overall purpose of the contract and/or,if there is an umbrella contract
then describe the work order project in the umbrella contract.)
10) Identifying contract number assigned by the contractor for tracking.
11) Identify the form preparer's name.
12) Identify the form preparer's title.
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13) Identify the form preparer's phone number.
14) Date form is completed.
TCEQ-20589 582-15,50040 Page 22 of 39 City of Fort Worth PM2.5 page 3 of 4
4
Texas Commission on Environmental Quality
Federal Funding Accountability and Transparency Act Reporting Form
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Instructions (Continued)
TCECA
TCEQ's USE ONLY
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i 15) Date the contract agreement was signed.
16) The net dollar amount of federal funds awarded to the contractor.
17) The program number associated with the published description of federal assistance program in the Catalog of Federal Domestic
Assistance(CFDA).
18) The program title associated with the published description of federal assistance program in the Catalog of Federal Domestic
Assistance(CFDA).
19) The name of the federal awarding agency.
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20) Identify TCkQ's contract number.
I 21) Identify TCEQ's Umbrella Contract Number and Work Order Number(if applicable).
,
[ 22)`Identify TCEQ's Uniform Statewide Accounting System(USAS)Grant Number.
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TCEQ-20589 582-15-60040 Page 23 of 39 City of Fort Worth PM2.5 Page 4 of 4
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SCOPE OF WORK
I. FACTS/PURPOSE
The Performing Party will operate and maintain two continuous ambient monitoring stations
(CAMS)in Arlington and Fort North, Texas in accordance with the effective TCEQ quality
assurance project plan(QAPP) pertaining to the Particulate Matter of 2.5'Microns or Less
(PMp 5)programs, equipment standard operating procedures(SOPs), and the Preventive
{ Maintenance Instructions(PMI)lMManual. This documentation is available upon request.
i Station location:
CAMS 0310 Haws Athletic Center, 6001/2 Congress St, Fort North,Texas
j CAMS oo61—Arlington Municipal Airport,5504 S. Collins St,Arlington,Texas
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These stations are subject to relocation depending upon property owner request.In the event
of site relocation,the Performing Party will be notified 3o days prior to relocation and will
operate the site at the new location.
Equipment at CAMS 0310 includes one PM2.5 FRM sampler and one PM2.5 tapered element
oscillating monitor(TEOM) monitor.
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Equipment at CAMS oo61 includes one PM2.5 TEOM monitor.
The Performing Party will operate any additional or relocated ambient air equipment at the
I currently established or new monitoring stations as needed or agreed upon by both parties.
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IL TCEQ RESPONSIBILITIES/DESIGNATION OF STAFF
A.. TCEQ responsibilities:
Provide all air monitoring equipment, parts,audit equipment,and equipment
related supplies for the proper operation of the air monitoring stations.
s Provide all site maintenance equipment(i.e.,lawnmower, edge trimmer).
® Provide shipping labels upon request for the Performing Party to ship air monitoring
equipment, parts, audit equipment,and equipment related supplies to the TCEQ.
f s Provide Performing Party staff with individual Virtual Private Network(StPN) access
accounts to check the site status remotely by the agency's internal status report
webpage during the term of the contract.
i • Provide training for equipment operations and other activities designed to increase
technical capabilities required to support this agreement upon request by the
Performing Party.
Provide technical support related to equipment at the site by phone,email, or on-site
visit.
• Conduct annual field assessments of the air monitoring stations.
B. Designation of staff
• Holly Landuyt (512) 239-1762 will be the Contract Administrator and point of
contact for this contract. Other TCEQ staff will be available in her absence.
® Max Hernandez(512) 239-0461 will be the Contract Manager.
582-15-50040 Page 24 of 39 City of Fort Worth PM2.5
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III. PERFORMING PART'RESPONSIBILITIES
A. Provide one primary and one backup site operator.These site operators must be
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electrical/mechanical grade technicians capable of operating and performing light
{ maintenance on meteorological hardware and electronic monitoring equipment.One
operator must be present during all TCEQ assessments or site visits.
B. Provide staff proficient in the use of digital volt meters and personal computers.
C. Operate the equipment according to established applicable SOPs, PMIs, QAPPs,and any
i guidance supplied by the TCEQ Contract Administrator..This documentation is available
upon request, and may be revised from time to time.
D. Monitor the site status remotely through the agency's internal status report webpage
using the TCEQ-provided VPN access. Ensure individual VPN access accounts remain
active. If VPN access is lost,it is the Performing Party's responsibility to alert the TCEQ
iContract Administrator upon discovery.
E. Possess and utilize the information,practical knowledge,techniques, and skills to
comply with federal and state air monitoring rules, including those listed in the effective
j Code of Federal Regulations.
F. Communicate effectively with TCEQ technical staff to troubleshoot malfunctioning
i equipment. Performing Party must provide personnel with a minimum of six months
experience with ambient air monitoring equipment.
G. Make travel arrangements and cover expenses associated with the requested training
and meetings.
H. Designate a Project Representative who will receive directions from TCEQ, manage the
a
work being performed, and act on behalf of the Performing Party as an authorized
representative.
I. If an equipment failure requires a site visit by the operator,visit the site the same day if
feasible,but no later than the next business day in order to minimize data loss.
J. Communicate all equipment malfunctions or failures to TCEQ in writing the same day
as discovered. Include symptoms or cause of failure and contact name of the person
immediately available-to troubleshoot with Monitoring Division staff.
K. Provide a physical shipping address for replacement equipment,parts,and supplies.
L. Ensure the deliverables listed in Table V.x are performed and delivered on time.
Document completion of the deliverables in the manner listed in Table V.x.
M. Inform the TCEQ Contract Administrator in writing within 24 hours after any
continuous monitor fails to collect data for more than 48 continuous hours and when
two consecutive non-continuous samples are missed or invalid.
N. Submit quarterly invoices to the TCEQ Contract Administrator and the Contract
Manager listed in Table V.1,within one calendar month after the end of the quarter.
Late submittal of invoices will be noted and documented in the end of the year
evaluation that may determine the continuation of this contract. Invoices must include a
detailed breakdown of all expenditures.Any inappropriate expenditure,including items
not related to the project,will result in the invoice being rejected.
O. Submit a completed Release of Claims form with the final invoice within one calendar
month of termination of the Contract.
P. Upon request by TCEQ, provide guided tours of the monitoring sites to local school
districts or governing agencies, not to exceed four hours per quarter.
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582-15-50040 Page 25 of 39 City of Fort Worth PM2,5
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Q. Upon request,promptly respond to site and contractual information requests from the
TCEQ Contract Administrator.
R. Transitional Services: Given the nature and importance of the services requested under
this.contract,TCEQ must maintain uninterrupted services.The Performing Party shall
provide services as needed to assist in the smooth transition of a replacement
Contractor. Transitional services include,but are not limited to:
The Performing Party will provide one week of training to the future Contractor.
'i e The Performing Party will provide reports, maps,property site contact information,
keys, equipment, and other TCEQ property to any future Contractor upon execution
of said future contract.
• The Performing Party will report to any future Contractor any pending problems
being investigated or for which equipment repair is incomplete.
a Upon request by TCEQ, the Performing Party will provide to any future Contractor
access to site trailers,buildings,utilities, or other locked areas.
The Performing Party will notify the TCEQ Contract Administrator in writing when
the transition of services is complete.
i • At all times,the Performing Party will provide complete cooperation,courtesy,
civility, and professionalism when providing transitional services and
communicating with any future Contractor staff.
IV. DESCRIPTION OF DELIVERABLES
The Performing Party must operate and maintain the air monitoring station according to TCEQ
C effective QAPPs, SOPS, and PMks.These are available upon request.
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V. SCHEDULE OF DELIVERABLES
The Performing Party must provide the following deliverables to TCEQ by the specified time
frame:
I Table V.:t:
Deliverable Applicable Respective Tasks and Timeframes submit to:
Equipment
Data Collection PM2.5 YRM, . Collect and monitor continuous ambient air data LEADS via'VPN or through the
m'S TEOM and operate non-continuous samplers according to on-site data logger
i applicable SOPs and the EPA Monitoring Schedule.
. Review continuous data in Leading Environmental
Analysis and Display System(LEADS)daily to
ensure sampler function. Document this review in
the electronic site operator logbook on the day it
occurs.
Sample PM2.5 FRM a Package and ship all collected PM2,s FRM filters DRI
Collection and following the provided shipping schedule. http:l.leafs.dri.edu/
Shipping . Submit electronic sample files to the analytical
contractor on same day as filter shipment.
Equipment PMz.s FRM, ® Respond to equipment failures or malfunctions by Contract Administrator and
Failure PM2.s TEOM visiting the site on the same day if feasible,but no TCEQ Implementation Team
Response later than the next business day. Notify TCEQ in
writing within one business day of problem LEADS via VPN
resolution.
e Document site visits in the electronic operator
logbook on the same day the visit occurs for sites
582-15-50040 Page 26 of 39 City of Fort Worth PM2.5
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Deliverable Applicable Respective Tasks and Tinieframes Submit toe
Equipment
with access and within two business days for sites
' without access,
! Equipment PMZ.s FRM, . Report equipment failures or malfunctions in TCEQ Implementation Team and
Failure and PM,,s TEOM writing the same day as discovered. Include Contract Administrator
Sample Loss symptoms or cause of failure and contact
Report information for the Performing Party personnel
immediately available to troubleshoot.
• Report in writing within one business day if any
continuous monitor fails to collect data for more
I than 48 consecutive hours or when two consecutive
non-continuous samples are missed or invalid.
• Provide a physical shipping address for
replacement equipment, arts,and supplies.
Monthly PMz,s FRM, • Perform verification monthly within first five pm(cbtcec texas.gov
' Verification PMZ.s TEOM business days of the month.
and Report • Perform verification after every calibration.
• Submit verification report within two business days
of com p letion of verification.
Seasonal PM2,s FRM, . Perform quarterly audit within first five business pm(@tcea.texas.gov
Quarter Audit Mt,s TEOM, days of quarter,
and Report • Submit audit report within two business days of
completion of calibration.
Seasonal quarters are defined as:
o December-February
o March-May
o June-August
o September—November
• Submit audits performed due to instrument repair,
modification,or replacements within five business
days of completion of passing calibration.
Preventive PMZ.s FRM, . 40-030, Cleaning the R&P Air Screens,a minimum LEADS via VPN
Maintenance PM,..s TEOM of every 3o days
Instruction . 4.0-3oa, Cleaning the Very Sharp Crit Cyclone,a
(PMI) minimum of every 3o days
Completion . 4o-gob,CIeaning the 1s'Stage and Inlet,a
minimum of every 3o days
• 40-180,2o25 Battery Replacement,a minimum of
every six months and at battery failure
• 41-3o,TEOMAir Condition Filter,a minimum of
every 30 days
• 41-03oa,TEOMPM2.s SCCAdapter Cleaning,a
minimum of every 3o days or at motor failure
• 41-03ob, T1;OM Sample Inlet Cleaning,a
minimum of every 3o days
• 41-180,TEOMbt-Line Auxiliary Filter Change, a
minimum of every six months
• 41-180a, TEOMAir Conditioner Cleaning,a
minimum of every six months
• Any future PMIs developed for this equipment with
TCEQ notification
Site Activities PM.a.s FRM, . Document all site activities in the electronic LEADS via VPN
Documentation PMzsTEOM
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9 City of Fort Worth PM2,5
Deliverable Applicable Respective Tasks and Timeframes Submit to:
Equipment
operator log before leaving the site where access to
electronic logs is available.
e Document all site activities in the electronic
operator log within two business days where site
access to electronic logs is not available.
Audit and PM2,5 FRM, e Submit completed pre-audit questionnaires within TCEQ Data Quality Team and
Assessment PM2,5 TEOM ten business days of audit notification. Contract Administrator
Assistance e Assist TCEQ staff or EPA auditors on-site during all
TCEQ audits and assessments.
e Reply in writing to all TCEQ written requests for
audit responses within one calendar month of the
request.
Site Shelter a Maintain site free of vegetation higher than six LEADS via VPN
Maintenance inches and trash or debris.
Ensure site remains locked and secure when staff
are not on-site.
• Obtain written approval from TCEQ to change the
site lock or combination.
o Obtain vegetation control equipment from TCEQ.
Invoice and PM2.5 FRM, e Submit quarterly invoices within one calendar Contract Administrator
Release of PM'.5 TEOM month after close of fiscal quarter except for March
Claims 1-31,which must be submitted by April 30,2015. Contract Manager
Submission Fiscal quarters are defined the same as seasonal
quarters.
e Submit completed Release of Claims form with
final Contract invoice.
Data PM2.e FRM, + Track and submit data completeness reports with Contract Administrator
Completeness PM2,5 TEOM the quarterly invoices within one calendar month
after close of fiscal quarter. Fiscal quarters are
defined the same as seasonal quarters.
j e Include description of how data completeness was
determined.
Inventory PM2.5 FRM, • Notify the Contract Administrator within two Contract Administrator
Management PM2.5 TEOM business days of equipment replacements.
and Reports e Return inoperable equipment to the TCEQ within
five business days of replacement.
e Upon request,promptly assist the Contract
Administrator with maintaining inventory control
i and with Inventory Management Database(IMD)
data requests.
e Track and submit inventory reports with the
quarterly invoices within one calendar month after
close of fiscal quarter. Fiscal quarters are defined
the same as seasonal quarters,
VI. ACCEPTANCE CRITERIA
The Performing Party is required to provide the TCEQ at least an 85% monthly data return
from all monitors and samplers. If the 85% data return is not achieved, assignable cause must
be identified within a week after each month end.Assignable.causes may include acts of nature
(tornadoes,hurricanes, hail, etc.),vandalism, or circumstances beyond the control of the
582-15-50040 Page 28 of 39 City of Fort Worth PM2.5
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Performing Party. Neglect of the site is not an assignable cause. During this contract period,
' 85%valid data capture must be met for each sampler at each site,TCEQ may reduce the
Performing Party's payment for the fiscal year by up to 25%if the required data return is not
achieved and there is no assignable cause.The possible reduction amount(25%of the fiscal
year funds)will be split evenly between each quarter of operation of each monitor.For
i example, if this Scope of Work calls for four monitors to be operated for four quarters each,the
j possible reduction amount will be split 16 ways. In that example,for each quarter that a
j monitor does not achieve the required data return, TCEQ may deduct up to 1/16 of the possible
reduction amount. Considerations for the proposed reduction of payment will consist of
evaluation of the Performing Party's performance of required operating procedures,quality
control procedures,and effective and timely communication of non-compliance issues.Non-
compliance issues include deviation from the documented procedures in the SOPs, QAPPs,
PMIs, and the contract. This price adjustment is cumulative with all other remedies.
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GENERAL TERMS AND CONDITIONS
for Cooperative Reimbursement Contract
for State Agencies and Local Governments
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1. CONTRACT PERIOD
1.1. Contract Period. The Contract begins on the Effective Date and ends on the Expiration Date as
f provided on the Contract Signature Page.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 I+iscal Year in which the Contract is signed.
1.2. Amendments.This Contract is not subject to competitive selection requirements and may be
amended by mutual agreement. Except as specifically allowed by the Contract,all changes to the
Contract require a written amendment and agreed to by both parties.
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1.3. Extensions. TCEQ may by unilateral written amendment extend the Expiration Date for a
period of up to go days. Unless otherwise indicated in the applicable contract amendment,an
extension does not extend any other deadlines or due dates other than the expiration of the
j Contract Period.
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2. FUNDS
2.1 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
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applicable. Performing Party will ensure that this article is included in any subcontract it awards.
2.2 Maximum Authorized Reimbursement. The total amount of funds provided by TCEQ for
the Contract will not exceed the amount of the Maximum Authorized Reimbursement as shown
on the Contract Signature Page.
j 2.3 Fiscal Year Restrictions. In order to be reimbursed under this Contract,costs must be
incurred during the Contract Period and within the time limits applicable to the fiends from which
the Contract is being paid. TCEQ is under no obligation to offer deadline extensions which extend
to the maximum availability of the contract funding source.
2.4 Grants. If this Contract was entered under the TCEQ's authority to award grants,TCEQ is
providing financial assistance to the recipient to undertake its own project.
C 2.5 No Debt against the State. This Contract is contingent on the continuing appropriation of
funds. This Contract shall not be construed to create debt against the State of Texas.
? 3. ALLOWABLE COSTS
3.1 Conforming Activities. TCEQ will reimburse the Performing Party for necessary and
reasonable Allowable Costs that are incurred and paid by the Performing Party in performance of
the Scope of Work as authorized by this Contract in the Cost Budget or Fixed Payment Amounts,
3.2 UGMS. Allowable Costs are restricted to costs that comply with the Texas Uniform Management
Standards(UGMS)and applicable state and federal rules and law. The text of UGMS is available
online at the Governor's website. The parties agree that all the requirements of the UGMS apply
to this Contract,including the criteria for Allowable Costs. Additional federal requirements apply
if this Contract is funded,in whole or in part,with federal funds.
4. REIMBURSEMENT
4.1. Reimbursement Requests. Performing g Pa rly shall invoice TCEQ to request reimbursement
for its Allowable Costs for performing the Scope of Worlc. Performing Par-y s.invoice shall
confirm to all reimbursement requirements specified by TCEQ. ;
4.2. Conditional Payments. Reimbursements are conditioned on the Scope of Work being
performed in with the Contract. Performing Party shall return payment to TCEQ for
either overpayment or activities undertaken that are not compliant with the Scope of Work. This
does not limit or waive any other TCEQ remedy.
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4.3• No Interest for Delayed Payment. Because the Performing Party is not a vendor of goods
and services within the meaning of Texas Government Code Chapter 2251,no interest is
applicable in the case of late payments.
4.4. 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.
i 5. FINANCIAL RECORDS,ACCESS AND AUDITS
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5.1 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 auditor investigation in connection with those fiends. 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 audit of funds accepted under this Contract is included in any
subcontract it awards.
5.2 Financial Records. Performing Party shall establish and maintain financial records including
records of costs of the Scope of Work 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. Financial records regarding this
contract shall be retained for a period of three(3)years after date of submission of the final
l reimbursement request.
6. PERFORMING PARTY'S RESPONSIBILITIES
! 6.x Performing Party's Responsibility for the Scope of Work- Performing Party undertakes
performance of the Scope of Work as its own project and does not act in any capacity on behalf of
j the TCEQ nor as a TCEQ agent or employee. Performing Party agrees that the Scope of Work is
furnished and performed at Performing Party's sole risk as to the means,methods,design,
processes,procedures and performance.
6.2 Independent Contractor, The parties agree that the Performing Party is an independent
contractor.Nothing in this Contract shall create an employee-employer relationship between
j Performing Party and TCEQ. Nothing in this Contract shall create a joint venture between TCEQ
and the Performing Party.
6.3 Performing Party's Responsibilities for Subcontractors. All acts and omissions of
subcontractors,suppliers and other persons and organizations performing or furnishing any of
j the Scope of Work under a direct or indirect contract with Performing Party shall be considered to
I be the acts and omissions of Performing Party.
6.4 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 the Performing Party's subcontractors,
suppliers or other persons or organizations with a contractual relationship with the Performing
Party.
7. TIME
7.1 Time is of the Essence. Performing Party's timely performance is a material term of this
Contract.
7.2 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 for cause,or
enforce any of its other rights(termination for convenience may be effected even in case of Force
Majeuue or act of TCEQ).
8. CONFLICT OF INTEREST
The Performing Party shall timely notify TCEQ in writing 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 Scope of Work,
582-15-50040 Page 31 of 39 City of Fort Worth PM2.5
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nor have access to information regarding any portion of the Scope of Work,without TCEQ's written consent in the
form of a unilateral amendment. 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.
g.
DATA AND QUALITY
i 9.1 Quality and Acceptance. All work performed under this Contract must be complete and
satisfactory in the reasonable judgment of the TCEQ. All materials and equipment shall be
handled in accordance with instructions of the applicable supplier,except as otherwise provided
in the Contract.
9.2 Quality Assurance. All work performed under this Contract that involves the acquisition of
environmental data will be performed in accordance with a TCEQ-approved Quality Assurance
Project Plan(QAPP)meeting all applicable TCEQ and EPA requirements. Environmental data
includes any measurements or information that describe environmental processes,location,
conditions,ecological or health effects and consequences. Environmental data includes
information collected directly from measurements,produced from models,and compiled from
other sources such as databases or literature, No data collection or other work covered by this
I requirement will be implemented prior to Performing Party's receipt of the QAPP signed by TCEQ
and,if necessary,the EPA. Without prejudice to any other remedies available to TCEQ,TCEQ
may refuse reimbursement for any environmental data acquisition performed prior to approval of
i a QAPP by TCEQ and,if necessary,the EPA. Also,without prejudice to any other remedies
available to TCEQ,Performing Party's failure to meet the terms of the QAPP may result in TCEQ's
suspension of associated activities and non-reimbursement of expenses related to the associated
I activities.
9.3 Laboratory Accreditation. Any laboratory data or analyses provided under this Contract
must be prepared by a laboratory that is accredited by TCEQ according to 3o Texas
Administrative Code Chapter 25,subchapters A and B,unless TCEQ agrees in writing to allow one
of the regulatory exceptions specified in 30 Texas Administrative Code Section 25.6.
10. INTELLECTUAL PROPERTY
10.1 Third Party Intellectual Property. Unless specifically modified in an amendment or waived
in a unilateral amendment,Performing Party must obtain all intellectual property licenses
expressly required in'the Scope of Work,or incident to the use or possession of any deliverable
under the Contract. Performing Party shall obtain and furnish to TCEQ: documentation on the
use of such intellectual property,and a perpetual,irrevocable,enterprise-wise 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
I Texas.
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j 10.2 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 any new works created as part of the Scope of Work,intellectual property
created under this Contract,and associated user documentation.
11. INSURANCE AND INDEMNIFICATION
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11.1 Insurance. Unless prohibited by law,the Performing Party shall require its contractors 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. I
11.2 Indemnification. TO TIIE EX'T'ENT AUTHORIZED BY LAW,THE PERFORMING PARTY
SHALL REQUIRE,ALL CONTRACTORS PERFORMING CONTRACT ACTIVITIES ON BEHALF
OF PERFORMING PARTY TO INDEMNIFY,DEFEND,AND HOLD HARMLESS TIIE TCEQ
AND PERFORMING PARTY AND THEIR OFFICERS,AND EMPLOYEES,FROM AND AGAINST
ALL LOSSES,LIABILITIES,DAMAGES,AND OTHER CLAIMS OF ANY TYPE ARISING FROM
582-15-50040 Page 32 of 39 City of Fort Worth PM2.5
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TIIE PERFORMANCE OF CONTRACT ACTIVITIES BY THE CONTRACTOR OR ITS
SUBCONTRACTORS,SUPPLIERS AND AGENTS,INCLUDING THOSE ARISING FROM
DEFECT IN DESIGN,WORKMANSHIP,MATERIALS,OR FROM INFRINGEMENT OF ANY
PATENT,TRADEMARK OR COPYRIGHT;OR FROM A BREACI I OF APPLICABLE LAWS,
REGULATIONS,SAFETY STANDARDS OR DIRECTIVES. THE DEFENSE OF TCEQ SHALL BE
SUBJECT TO THE AUTHORITY OF THE OFFICE OF THE ATTORNEY GENERAL OF TEXAS
TO REPRESENT TCEQ. THIS CONVENANT SURVIVES THE TERMINATION OF THE
CONTRACT.
12. TERMINATION
12.1 Termination for Cause. TCEQ may,upon providing 10 days'written notice and the
opportunity to cure to the Performing Party,terminate this Contract for cause if Performing Party
I materially fails to comply with the Contract including any one or more of the following acts or
omissions: nonconforming work,or existence of a conflict of interest. Termination for cause does
not prejudice TCEQ's other remedies authorized by this Contract or by law.
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12.2 Terinination for Convenience. TCEQ may,upon providing 10 days'written notice to the
Performing Party,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 work 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.
12.3 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 TCEQ.
13. DISPUTES,CLAIMS AND REMEDIES
I 13.1 Payment of a Release. Neither payment by TCEQ nor any other act or omission other than an
I explicit written release,in the form of a unilateral amendment,constitutes a release of Performing
Party from liability under this Contract.
13.2 Schedule of Remedies available to the TCEQ. In accordance with Texas Government Code
Chapter 2261 the following Schedule of Remedies applies to this Contract. In the event of
Performing Party's nonconformance,TCEQ may do one or more of the following:
I 13.2.1 Issue notice of nonconforming performance;
I 13.2.2 Reject nonconforming performance and request corrections without charge to the TCEQ;
13.2.3 Reject a reimbursement request or suspend-further payments,or both,pending accepted
revision of the nonconformity;
2.4 Suspend all or art of the Contract Activities or
j 13• p p payments,or both,pending accepted revision
I! of the nonconformity;
13.2.6 Demand restitution and recover previous payments where performance is subsequently
determined nonconforming;
13.2.6 Terminate the contract without further obligation for pending or further payment by the !
TCEQ and receive restitution of previous payments.
13.3 Opportunity to Cure. The Performing Party will have a reasonable opportunity to cure its
nonconforming performance,if possible under the circumstances.
13.4 Cumulative Remedies. Remedies are cumulative;the exercise of any remedy under this Contract
or applicable law does not preclude or limit the exercise of any other remedy available under this
Contract or applicable law.
14. SOVE RE,IGN IMMUNITY
The parties agree that this Contract does not waive any sovereign immunity to which either party is entitled by
law.
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14.7 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,survive for four(4)years beyond the termination or completion of the Contract,or until
four(4)years after the end of a related proceeding.A related proceeding includes any litigation,
legal proceeding,permit application,or State Office of Administrative Hearings proceeding,
which is brought in relation to the Contract or which in TCEQ's opinion is related to the subject
matter of the Contract. Either party shall notify the other of any related proceeding if notice of
the proceeding has not been provided directly to that other party.
15. CONTRACT INTERPRETATION
15,1 Definitions.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(PGAs).
15.2 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.
15.3 Delivery of Notice. Notices are deemed to be delivered three(3)working days after
postmarked if sent by U.S.Postal Service certified or registered mail,return receipt requested.
Notices delivered by other means are deemed delivered upon receipt by the addressee. Routine
communications may be made by first class mail,facsimile transmission,email,or other
cominercially accepted means.
15.4 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.
15.5 State Federal Law. This Contract is governed b and interpreted under the laws of the State
t � g Y� P
I of Texas,as well as applicable federal law.
15.6 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
1 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.
15.7 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 bylaw. No assignment will release or discharge the Performing
Party from any duty or responsibility under the Contract.
15.8 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,Texas.
15.9 Publication. Performing Party agrees to notify TCEQ five(5)days prior to the publication or
advertisement of information related to this Contract-. Performing Party agrees not to use the
TCEQ logo or the TCEQ graphic as an advertisement or endorsement without written permission
signed by the appropriate TCEQ authority.
i5.10 Waiver. With the exception of an express,written waiver in the form of a unilateral amendment
signed by TCEQ,no act or omission will constitute a waiver or release of Performing Party's I
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. I
15.11 Compliance with Laws. 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.
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15.12 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.
15.13 Accessibility. All electronic content and documents created as deliverables under this Contract
must meet the accessibility standards prescribed in x Texas Administrative Code sections 2o6.50
and 2-13 for state agency web pages,web content,software,and hardware,unless TCEQ agrees
that exceptions or exemptions apply,
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Cost Budget
' Cooperative Reimbursement Contract
for State Agencies and Local Governments
1. Budget. Authorized budgeted expenditures for work performed are as follows:
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Budget Category Cost for Work to be Performed
Salary I Wages $18,300.65
Fringe Benefits $9,937.47
Travel $0.00
Supplies $1,073.00
Equipment $0.00
Contractual $0.00
Construction $0.00
Other $725
Indirect Costs $6,065.55
Total $36,101.67
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2. Indirect Cost Reimbursable Rate. The reimbursable rate for this Contract is 21.48%of
(check one):
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® salary and fringe benefits
❑ modified total direct costs
+ ❑ other direct costs base
f If other direct cost base, identify:
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This rate is less than or equal to (check one):
❑ approved predetermined rate
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® experienced-based predetermined rate
❑ default rate
3. Other, If Budget Category"Other"is greater than $25,000 or more than:1o% of budget total,
identify the main constituents:
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4. Budget Categories. The Budget Categories above have the definitions,requirements and
limitations stated in UGMS. Construction costs are not reimbursable without prior, specific
written authorization from TCEQ.
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5. Budget Control and Transfers. Notwithstanding any contrary provision of any Cost Budget,
the following provisions apply to every Cost Budget incorporated into or approved under this
'I Contract:
5a Cumulative Annual Transfers Up To lo% of the Cost Budget Total.The Performing Party may
transfer up to ten percent of the annual Cost Budget Total among direct cost categories by
submitting a Revised Cost Budget. However,the ten percent limit is cumulative,and the
i Performing Party may not transfer into direct cost categories containing zero dollars without
1 TCEQ pre-approval.
5.2 Cumulative Annual Transfers Greater Than 1o% of the Cost Budget Total.TCEQ must
approve all budget revisions that transfer more than ten percent of the annual Cost Budget
Total among direct cost categories before the Performing Party incurs the increased costs.If
the Cost Budget is incorporated into the Contract, TCEQ approval must be in the form of a
Contract Amendment.
{ 5.3 Calculation of Cumulative Annual Transfer.The cumulative annual transfer is equal to the
sum of the amounts of increase of each direct cost category from the incorporated or
approved Cost Budget.The amount by which any direct cost category has decreased is not
! included in this calculation.
5.4 All invoices must clearly show how this budget control requirement has been met.
5.5 At a minimum, invoices must show expenses for the invoice period,year-to-date expenses,
projected totals for the year(or applicable contract period),percent of budget spent to date,
and percentage of budget projected to be spent.
6. Invoice Submittal. Unless otherwise stipulated in the Contract,invoices must be submitted to
the individual named in TCEQ Project Representatives and Records Location at monthly intervals.
Final invoices shall be submitted within two (2) calendar months after completing the Scope of
Work activities. TCEQ may extend this deadline by unilateral contract agreement.
7. Grant Chargeback Invoices. In the case of an invoice for grant activities being paid during the
second fiscal year for which the funds were appropriated,ALL INVOICES MUST BE SUBMITTED
IN SUFFICIENT TIME FOR TCEQ REVIEW, NECESSARY CORRECTIONS, TCEQ APPROVAL,
AND SUBSEQUENT PRESENTATION TO THE COMPTROLLER BEFORE THE END OF THE
FISCAL YEAR.
3. Travel. In order to be reimbursable, 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,
9. Supporting Records. Performing Party shall submit records and documentations to TCEQ as
i appropriate for the review and approval of reimbursing costs. 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,
lo. Indirect Costs. Performing Party's indirect costs will be reimbursed at the reimbursable rate
shown above (if no reimbursable rate is shown above, indirect costs are not reimbursable under
this Contract). The reimbursable rate must be less than or equal to the rate authorized under
UGMS. To the extent that the reimbursable rate is lower than Performing Party's actual indirect
costs, Performing Party is contributing its unreimbursed indirect costs to the successful
performance of this Contract, and waives any right it may have to reimbursement of those costs(if
582-15-50040 Page 37 of 38
� 9 City of Fort Worth PM2,5
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this Contract requires matching funds, Performing Party may claim its unreimbursed indirect
costs as part or all of its match).
ii.Indirect Rates Authorized under UGMS. The following rates are authorized under UGMS:
x1.i Approved Predetermined Rate. An approved predetermined rate is an indirect cost
rate agreed to within the preceding 24,months in a signed indirect rate negotiation
agreement with the applicable federal cognizant agency, state single audit coordinating
agency, major state funding agency, or another state agency designated by the Governor.
" An approved predetermined rate shall be expressed as a percentage of the direct cost base
specified in the signed indirect rate negotiation agreement.
11.2 Experience-Based Predetermined Rate. An experienced-based predetermined rate is
i an indirect cost rate agreed to between TCEQ and Performing Party,where there is no
approved predetermined rate and there'is sufficient cost experience and other pertinent
facts to enable the parties to reach an informed judgment(a) as to the probable level of
Iindirect costs in the Performing.Party's programs during the term of the Contract,covered
i by the negotiated rate,and(b)that the amount allowable under that rate would not exceed
actual indirect costs. An experience-based predetermined rate shall be expressed as a
percentage of either (a) salary and wages, or(b) modified total direct costs. Modified total
direct costs are total direct costs less "extraordinary or distorting expenditures,"usually
capital expenditures,subawards, contracts, assistance payments (e.g., to beneficiaries), and
provider payments. The direct cost base selected should result in the fair distribution of
` indirect costs among all state and federal grants and contracts affected, as well as other
Performing Party activities that share in the indirect costs.
11.3 Default Rate. A default rate is an indirect of ten percent(xo%) of direct salary and wages,
to be used where (a)there is no approved or experienced-based predetermined rate, and(b)
the Performing Party represents that its actual indirect costs equal or exceed ten percent
(to%) of salary and fringe.
mAdjustment of Indirect Rates. A reimbursable rate is intended to be final. Performing Party
acknowledges that TCEQ's budget is limited and funds may not be available to reimburse any
increase in indirect costs. Performing Party waives any right it may have to upward adjustment of
its indirect rate, and agrees to contribute any such increase to the successful performance of this
Contract(if matching funds are required, Performing Party may claim such costs as all or part of
its match). TCEQ waives any right it may have to a downward adjustment of Performing Party's
indirect rate, unless the reimbursable rate is greater than the Performing Party's actual indirect
costs. If the latter case,if reasonably feasible; a compensating adjustment shall be carried forward
to this Contract or a future contract. If not feasible,where permitted by law TCEQ and Performing
Party may identify additional services to be performed by Performing Party as a compensating
adjustment,or Performing Party shall reimburse TCEQ the excess indirect costs paid.
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582-95-50040 Page 38 of 39 City of Fort Worth PM2.5
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NOTICES,PROJECT PLEPRASE NTATIVES AND RECORDS LOCATION
CONTRACT NO. 58245-50040 —PROJECT TITLE: CITY'OFFORTWURTHPM2.5
t Repres.entat1vm'rhP individuals)named. representatives 61 TCE ei d Pi� ttrdn Party.
below the . Q n ffb . g
They are authorized to ve*,and-receive on behalf ofthe TCEQ and the
Performing Party asinklelate'd below. . All cornmurilcatiovs including official contract notices must be
-addressed to the appropriate.repreBentative orhis:or'her aesig-n-ee.
P-., %anges in ReTixes6ntativeg. Either early may change its representative'by unilateral amendment.
8, TCEQ Repregentativers
TCEQ CONTRACT MANAGE 1R.
TCEQ PROIECTMANAGER
(for Contractual Matters) MAtters)
Max Hernandez llollx-Landuvt
Contract Manager. ContradtAdriiinistrato
Title. Intle
Texas Commission on Environmental Texas Commission.on Environmental
Quality Quality
.P.0,.Box 18087 'PW.B'oX 18087
1V 0<65 MC-165
Austin,Texas.78711-.3087 Austin,Texas VII-8087
Telephone NO.(512)239-0461 Telephone No.(512)A39-1762
Facsimile No.("2�-23 -16 tTacsirnile NO.-(512)2$9-16o5.
51 9 05
4. Pel'forxning Party Representatives.
For Contractual Matters For Technical Matters
Michael Kazda Xicha6.1 -96zda
E�n—vi&o Tmpept A 1 Supervisor
Environmental Supetvisor
Title
(817 392-8136 . 1TelephoneNoi eplonoNo, ffi/ 71 3924-06
PacgimileNO. (817) 392 .6859 Facsiril e No
(81-7) 3.92-6359
5. Invoice Subtnithal. inwices;inust be submitted to the TCEQ contract Manager,iinloss anothar reoipidAt is
identified bekwo.
❑TCEQ Project Manager/F]TCEQ Disbursements Secfion%Ll Other.
6. Designated Location for Records Access and Review. The Performing Party designates the physical
location indkated.below for-record access and review-pursuant-to any applicable provision of this Contract;
(City State ZIP)
6582-16,60040 page 39 of 39 City of Fort Worth PM2,5
a - 4&C Review Page 1 of 2
Official site of the City of Fort Worth,Texas
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CITY COUNCIL AGENDA4-
COUNCIL ACTION: Approved on 812612014 -Ordinance No. 21400-08-2014
DATE: 8/26/2014 REFERENCE NO.: **C-26930 LOG NAME: 20TCEQ PM2.5
FY15
PUBLIC
CODE: C TYPE: CONSENT HEARING: NO
I' SUBJECT: Authorize Execution of an Intergovernmental Cooperative Reimbursement Agreement with
the Texas Commission on Environmental Quality in an Amount Not to Exceed $36,101.67
for the Operation of Local Air Pollution Particulate Emission Monitoring Sites and Adopt
Appropriation Ordinance (COUNCIL DISTRICT 2)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize execution of an Intergovernmental Cooperative Reimbursement Agreement with the
Texas Commission on Environmental Quality for the period of September 1, 2014 through August 31,
I 2015 with an amount not to exceed $36,101.67;
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2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in
j the Grants Fund in the amount of$36,101.67 in Fiscal Year 2015, subject to receipt of an executed
contract; and
3. Apply indirect cost at the most recently approved rate of 21.48 percent for the Transportation and
Public Works 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:
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Haws Athletic Center 600 Congress Street 2 monitors
Arlington Municipal Airport 5000 South Collins Street 1 monitor
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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, 2014 and ends August 31, 2015, with a limit of
$36,101.67 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.
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The Haws Athletic Center monitors are located in COUNCIL DISTRICT 2.
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http://www.fortworthgov.org/council_packet/me_review.asp?ID=20159&councildate=8/26/... 9/2/2014
'M&C Review Page 2 of 2
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
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reimbursed by grantor after expenditures are made.
TO Fund/Account/Centers FROM Fund/Account/Centers
2) GR76 451543 020412744000 $36,101.67
2) GR76 5 $36,101.67
(VARIOUS) 020412744010
Submitted for City Managers Office by: Fernando Costa (6122)
Originating Department Head: Doug Wiersig (7801)
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Additional Information Contact: Michael Gange (6569)
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ATTACHMENTS
i 20TCEQ PM2 5 -AO.doc
HAWS25MC.pdf
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http://www.fortworthgov.org/council_packet/mc_review.asp?ID=20159&councildate=8/26/... 9/2/2014