HomeMy WebLinkAboutContract 26451 CITY SECRETAR ��45 CONTRACT NO.
CONTRACT # 582-1-89369
THE STATE OF TEXAS
COUNTY OF TRAVIS
AGREEMENT
INTERAGENCYANTERLOCAL
CATEGORY I
Fort Worth EMPACT Ozone Air Monitoring
Name of Project
THIS AGREEMENT is entered into by and between:
the Texas Natural Resource Conservation Commission, an agency of the State of Texas(hereinafter
TNRCC), and
The City of Fort Worth , an agency or political subdivision of the State of Texas
(hereinafter PERFORMING PARTY),
pursuant to the authority granted and in compliance with applicable provisions of the Interagency Cooperation
Act, TEx. Gov'T. CODE ch. 771 and Intergovernmental Cooperation Act, TEx. Gov'T CODE ch. 791.
TNRCC and PERFORMING PARTY, in consideration of the mutual covenants hereinafter set forth, agree as
follows:
ARTICLE 1. WORK
See attached Scope of Work.
ARTICLE 2. PRICING AND PAYMENT
See attached Contract Costs Budget (for payment based on reimbursement of actual costs) or Schedule of Fixed
Rates (for payment at fixed rates based on the nearest practicable estimate of actual costs).
ARTICLE 3. MAXIMUM AMOUNT OF CONTRACT
The total amount of this Contract shall not exceed:
Sixty Thousand Dollars and no cents $ 60,000.00
(Written amount) ($numerical amount)
unless this Contract is amended in writing. It is expressly understood and agreed by the parties hereto that the
performance on the part of the TNRCC of its obligations hereunder is contingent upon and subject to actual
receipt by the TNRCC of sufficient and adequate funds from the sources contemplated by this Contract.
ARTICLE 4. TERM OF CONTRACT
This Contract shall begin on 9/1 , 20 00 , and shall terminate on full performance,
which is due on 8/31 , 20 01 , unless terminated early or extended in accordance with the terms of the
Contract.
ARTICLE 5. CERTIFICATIONS
1. THE UNDERSIGNED CONTRACTING PARTIES do hereby certify that(1) the services specified above are
necessary and essential for activities that are properly within the statutory functions and programs of the parties,
(2) the proposed arrangements serve the interest of efficient and economical administration of State Government,
and(3) the services, supplies or materials contracted for are not required by Section 21 of Article 16 of the
Constitution of Texas to be supplied under contract given to the lowest responsible bidder.
2. The TNRCC further certifies that it has the authority to contract for the above services by authority granted in
the Current Appropriations Act, and TEx. WATER CODE§5.229.
3. PERFORMING PARTY further certifies that it has authority to perform the services contracted for herein.
ARTICLE 6. CONTRACT DOCUMENTS
The Contract Documents which comprise the entire Contract between TNRCC and PERFORMING PARTY
concerning the Work consist of the following:
1. Scope of Work
2. Project Representatives / Records Location
3. additional exhibits titled: Exhibit A - Dallas-Fort Worth 2000 Ozone Monitoring Sites
4. One of the following (whichever is checked):
X Contracts Costs Budget
or ❑ Schedule of Fixed Rates
(If neither is checked, or both are checked, this Contract is void
5. General Conditions
6. One of the following (whichever is checked):
❑ Federal Conditions
or X DELIBERATELY OMITTED (Federal Conditions are not incorporated into this Contract)
(If neither is checked, or both are checked, this Contract is void
There are no Contract Documents other than those listed above in this Article. The Contract Documents may be
amended,modified or supplemented only as provided in the General Conditions.
Contract#582-1-89369 2 L HIM- 5
The undersigned bind themselves to the faithful performance of this Contract:
TNRCC: PERFORMING PARTY:
Texas Natural Resource
Conservation Commission City of Fort Worth
By: By: (2"62
Authorized Signa a Authorized Signature
Steve Spaw Charles Boswell
Printed Name Printed Name
Director, Monitoring Operations Div. Assistant City Manager
Title / Title (
Date: / _2 2" `w Date: v ��
Contract#582-1-89369 3 �! lrr�G�cln6 rL�U��
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Contract Authorization
Gloria Pearson,City cretary
Date
APPR VED AS TO FORM & LEGALITY:
7
Cy this G cia/Asst. City Attorney
M&C C-1819
GMK,co)R D
Scope of Work for the Fort Worth EMPACT Ozone Air Monitoring Contract
I. Facts/Purpose
Overview and P=ose
The City of Fort Worth, Air Division of the Environmental Program will operate and maintain
three continuous air monitoring stations (CAMS), two located in Tarrant County, and a third in
Parker County. All three stations will be equipped with an ozone monitor and a meteorological
tower to monitor for wind speed, wind direction, and temperature. These monitors are deployed
as a state initiative for Environmental Monitoring for Public Access and Community Tracking
(EMPACT) of ozone air pollution in the Dallas/Fort Worth area.
II. TNRCC Responsibilities/Designation of Staff
A. TNRCC Responsibilities
TNRCC will be responsible for providing all the required air monitoring equipment, parts, and
supplies for the proper operation of the air monitoring stations. If major repairs are needed,
equipment will be shipped to the Ambient Monitoring Section (AMS) of the TNRCC in Austin
and AMS staff will repair or replace the equipment as appropriate. Technical support and training
for the CAMS operators will be provided by the AMS staff in Austin and/or the TNRCC regional
staff in Arlington. The TNRCC regional staff in Arlington and/or in Austin will assist City of
Fort Worth staff in obtaining access to monitoring sites. The TNRCC Quality Assurance staff
from Austin will conduct annual performance and technical system audits of the air monitoring
stations. The TNRCC will monitor the status of the CAMS stations from Austin.
B. Designation of Staff
TNRCC Project representative for the EMPACT ozone air monitoring stations will be Mr. Joe
Panketh of the Ambient Monitoring Section. The Systems Planning and Implementation Team of
the Ambient Monitoring Section staff will be available for technical consultation and training.
III. The City of Fort Worth Responsibilities
A. The City of Fort Worth will provide two (one primary, one backup) electrical/mechanical
grade technicians capable of operating and performing light maintenance on
meteorological hardware and electronic monitoring equipment. Each individual will have
the capability to use Digital Volt Meter(DVM) and PC computers. The City of Fort
Worth staff will operate the air monitoring stations according to established standard
operating procedures. The City of Fort Worth staff will be responsible for travel
arrangements and expenses associated with the training and meetings. The City of Fort
Contract#582-1-89369 4
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Worth will designate a project representative who will receive directions from TNRCC,
manage the work being performed, and act on behalf of the City of Fort Worth as an
Authorized Representative.
IV. Deliverables
The City of Fort Worth will operate and maintain the CAMS stations according to the established
guidelines for operating a CAMS station, including the span source audits every six weeks and
preventive maintenance according to schedule. TNRCC will monitor the status of the CAMS
stations from Austin. In the case where an equipment failure requires a site visit by the CAMS
operator, TNRCC requests that the visit be made on the same day but requires that the site visit
be made by the next working day in order to minimize data loss.
Contract#582-1-89369 5
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PROJECT REPRESENTATIVES
RECORDS LOCATION
ARTICLE 1. PERFORMING PARTY
The term "PERFORMING PARTY" as used in this Project Representatives/Records Location means either
PERFORMING PARTY or CONTRACTOR, as applicable.
ARTICLE 2. TNRCC PROJECT REPRESENTATIVE
The individual named below is the TNRCC Project Representative, who is authorized to give and receive
communications and directions on behalf of the TNRCC. All communications including all payment requests
must be addressed to the TNRCC Project Representative or his or her designee.
Joe Panketh Telephone No.: 512/239-1656
(Name)
Team Leader 165 Facsimile No.: 512/239-1605
(Title) (Mail Code)
Texas Natural Resource Conservation Commission
P.O. Box 13087
Austin, Texas 78711-3087
ARTICLE 3. PERFORMING PARTY PROJECT REPRESENTATIVE
The individual named below is the PERFORMING PARTY Project Representative, who is authorized to give and
receive communications and directions on behalf of the PERFORMING PARTY. All communications to the
PERFORMING PARTY will be addressed to the PERFORMING PARTY Project Representative or his or her
designee.
T.C. Michael Telephone No.: 817/871-5455
(Name)
Environmental Program Manager, Air Division Facsimile No.: 817-871-5464
(Title)
5000 Martin Luther King Freeway
(Mailing Address)
Fort Worth TX 76119
(City) (State) (Zip Code)
ARTICLE 4. SUBMITTAL OF PAYMENT REQUESTS
Payment requests must be submitted to (whichever is checked):
9 the TNRCC Project Representative.
❑ the TNRCC Disbursements Section.
(if neither box is checked, payment requests must be submitted to the TNRCC Disbursements Section).
ARTICLE 5. DESIGNATED LOCATION FOR RECORDS ACCESS AND REVIEW
The PERFORMING PARTY designates the physical location indicated below for record access and review
pursuant to any applicable provision of this contract:
City of Fort Worth, Air Division
(Location)
5000 Martin Luther King Freeway
(Mailing Address)
Fort Worth TX 76119
(City) (State) (Zip Code)
Contract#582-1-89369 6
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Contract Costs Budget
ARTICLE 1. BUDGET
1. Authorized budgeted expenditures under this Contract are as follows:
Personnel/Salary . . . . . . . . . . . . . . . . . . . . . $ 46,236.00
Fringe Benefits . . . . . . . . . . . . . . . . . . . . . . $ 8,035.00
Travel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,500.00
Supplies . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 300.00
Equipment . . . . . . . . . . . . . . . . . . . . . . . . . $ 0.00
Contractual . . . . . . . . . . . . . . . . . . . . . . . . . $ 0.00
Construction . . . . . . . . . . . . . . . . . . . . . . . . $ 0.00
Other . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,929.00
Total Direct Costs . . . . . . . . . . . . . . . . . . . . $ 60,000.00
Authorized Indirect Costs . . . . . . . . . . . . . . $ 0.00
Total Budgeted Costs . . . . . . . . . . . . . . . . . $ 60,000.00
ARTICLE 2. BUDGET CONTROL AND TRANSFERS
Cumulative transfers among the budgeted direct cost categories must not exceed ten percent
(10%) of the current Total Budgeted amount.
ARTICLE 3. SUBMITTAL OF PAYMENT REQUESTS
Payment requests must be submitted at the interval specified below (whichever is checked; if
none is checked, payment requests must be submitted monthly; if more than one is checked,
invoices must be submitted when both requirements are met):
❑ monthly.
❑ upon completion of deliverables herein(see ).
❑ upon completion of all Work.
9 Other(specify) Quarterly
Contract#582-1-89369 7
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GENERAL CONDITIONS
INTERAGENCY/INTERLOCAL PURCHASES
CATEGORY I
ARTICLE 1. WORK
PERFORMING PARTY agrees to provide the work described in and required by this Contract. In this Contract
the term "Work"means the entire completed undertaking, or the various separately identifiable parts thereof.
Work includes all goods, labor, services, materials and equipment provided in fulfillment of this Contract by any
person or entity including PERFORMING PARTY's employees, agents, assigns, suppliers, and subcontractors.
ARTICLE 2. AMENDMENT
This Contract may be amended only by written agreement signed by both parties.
ARTICLE 3. INSURANCE
PERFORMING PARTY will require its contractors and their subcontractors to maintain insurance coverage
sufficient to protect TNRCC against any and all claims that may arise out of or resulting from their performance
of the Work and the other obligations undertaken in this Contract, and to maintain Workers Compensation
Insurance which complies with Texas statutory requirements.
ARTICLE 4. ACCEPTANCE, CORRECTIONS, WAIVER, WARRANTY, QUALITY
1. Acceptance. All Work must be complete and satisfactory in the reasonable judgment of the TNRCC.
2. Corrections. PERFORMING PARTY will correct errors, omissions, and deficiencies at no charge to the
TNRCC.
3. Waiver. No waiver, whether expressed or implied, shall be construed as a continuing waiver unless it is
specifically described in writing as a continuing waiver.
4. Warranty. All warranties implied by law are applicable to the Work. Nothing in this Contract nor any action
of the TNRCC will act as a disclaimer of any warranty. All warranties are for a period of ONE YEAR from the
date of acceptance unless a different period is stated in this Contract or in a written warranty. PERFORMING
PARTY expressly warrants that the TNRCC will receive the benefits of third-party warranties (whether
manufacturer or supplier) applicable to the Work.
5. Quality. All materials and equipment shall be of good quality and new, except as otherwise provided in the
Contract. If required by TNRCC, PERFORMING PARTY will furnish satisfactory evidence (which may include
reports of required tests) as to the kind and quality of materials and equipment. All materials and equipment shall
be applied, installed, connected, erected, used, cleaned and conditioned in accordance with instructions of the
applicable Supplier, except as otherwise provided in the Contract.
ARTICLE 5. PAYMENT
1. Payment Methods. TNRCC will reimburse PERFORMING PARTY's allowable costs of providing Work
which is satisfactory, accepted by TNRCC, and in conformity with all requirements of this Contract and
applicable law. Payment will be either on a basis of a)reimbursement of actual costs as incurred, or b) agreed
upon fixed rates which are the nearest practicable estimate of PERFORMING PARTY's actual costs.
2. Reimbursement of Actual Cost as Incurred. If this Contract contains a Contract Costs Budget,
PERFORMING PARTY will be paid on the basis of reimbursement of actual costs. At the intervals specified in
the Contract Costs Budget, PERFORMING PARTY may submit a request for reimbursement of the actual costs it
has incurred. All such requests must be accompanied by supporting documentation as required by this Contract.
PERFORMING PARTY agrees that the TNRCC's obligation to reimburse the PERFORMING PARTY's costs
Contract#582-1-89369 8 NFKNd h
will remain within the Contract Costs Budget and that cumulative transfers among the budgeted direct cost
categories will not exceed ten percent(10%) of the total reflected therein.
a. If PERFORMING PARTY is a state agency as defined in Gov'T CODE ch. 791, then all
reimbursement requests must be submitted to the TNRCC Project Representative on a State of Texas
Interagency Transaction Voucher. All requests must be accompanied by a summary report or invoice
showing the budgeted cost categories for the reported expenditures and indicating the amount remaining in
each category.
b. If PERFORMING PARTY is not a state agency, then all reimbursement requests must be submitted to
the TNRCC Project Representative with a completed TNRCC Financial Status Report(TNRCC Form
269a) and (as applicable) TNRCC Supplemental Financial Status Report Forms 269a-1,269a-3, and 269a-
4. A final Financial Status Report must be submitted no later than 90 days following the termination date
of this Contract.
3. Payment at Fixed Rates. If this Contract contains a Schedule of Fixed Rates, PERFORMING PARTY will be
paid on the basis of agreed upon fixed rates (fixed prices). At the intervals specified in the Schedule of Fixed
Rates, PERFORMING PARTY may submit an invoice requesting payment for all satisfactorily completed work at
the fixed rates specified in the Schedule of Fixed Rates. All such requests must be submitted to the TNRCC
Project Representative and must be accompanied by supporting documentation as required by this Contract. If
PERFORMING PARTY is a state agency, the payment request must be submitted on an Interagency Transaction
Voucher.
4. TNRCC may refuse to pay any request submitted more than 90 days after the termination of this Contract.
ARTICLE 6. SUBCONTRACTORS, OTHERS
1. Qualified Personnel. All employees and subcontractors employed by PERFORMING PARTY on or for the
Work must have sufficient qualifications to perform the Work.
2. Objections. PERFORMING PARTY will not employ any particular subcontractor, supplier or other person or
organization on or for the Work if TNRCC makes a reasonable written objection against such subcontractor,
supplier, person, or organization. PERFORMING PARTY will not be required to employ any particular
subcontractor, supplier or other person or organization if PERFORMING PARTY makes a reasonable objection.
3. Subcontracts. PERFORMING PARTY will include all provisions which may be necessary to accomplish all
requirements of this Contract in its employment policies and contracts and its subcontracts, and shall require its
subcontractors to do the same.
ARTICLE 7. INTELLECTUAL PROPERTY
1. License of Future Rights. With respect to any intellectual property which is conceived, developed, written,
invented, first actually reduced to practice or otherwise produced by PERFORMING PARTY, its employees,
subcontractors, or subcontractor's employees during the performance of the Work, PERFORMING PARTY
hereby assigns to TNRCC a nonexclusive, perpetual, irrevocable, enterprise-wide license to use, copy, publish
and modify such intellectual property and authorize others to do so for TNRCC purposes. Upon termination of
this Contract, all data and information by PERFORMING PARTY will be furnished to TNRCC.
2. License of Existing Rights. PERFORMING PARTY grants to TNRCC a nonexclusive, perpetual,
irrevocable, enterprise-wide license to use, copy, publish, and modify any intellectual property in the Work and to
authorize others to do so for TNRCC purposes. PERFORMING PARTY shall secure all necessary intellectual
property licenses from third parties and warrants that the Work and the intended use of the Work will not infringe
any property rights of any third-party. PERFORMING PARTY agrees to require its contractors to indemnify and
Contract#582-1-89369 9
hold harmless TNRCC from damages arising from or related to any infringement of rights in intellectual property.
To the extent permitted by law, PERFORMING PARTY agrees to indemnify and hold harmless TNRCC from
damages arising from or related to any infringement of rights in intellectual property.
ARTICLE 8. SEVERABILITY
The fact that a particular provision is held under any applicable law to be void or unenforceable in no way affects
the validity of other provisions and the contract will continue to be binding on both parties. Any provision that is
held to be void or unenforceable will be replaced with language that is as close as possible to the intent of the
original provision.
ARTICLE 9. SUSPENSION, TERMINATION
1. For Cause. In the event of PERFORMING PARTY's failure to perform the Work as required by the
Contract, violation of applicable law, substantial or material default, or other cause, TNRCC may suspend the
Work or terminate this Contract for cause.
2. Force Majeure. In the event of delay or failure of performance caused by force majeure, TNRCC may
terminate this Agreement in whole or part upon seven (7)days written notice.
3. For Convenience. TNRCC may terminate this Contract for convenience and without cause upon seven(7)
days notice.
4. Payment Adjustment. If the TNRCC terminates for convenience or because of force majeure, PERFORMING
PARTY shall be paid only for goods and services provided and necessary expenses incurred prior to termination.
ARTICLE 10. SURVIVAL OF OBLIGATIONS
All representations, indemnifications, warranties and guarantees made in, required by or given in accordance with
this Contract, as well as all continuing obligations indicated in the Contract, will survive final payment,
completion and acceptance of the Work and termination or completion of the Contract.
ARTICLE 11. LAWS AND REGULATIONS
PERFORMING PARTY shall give all notices and comply with all applicable law regarding the Work. Except
where otherwise expressly required by applicable law, TNRCC shall not be responsible for monitoring
PERFORMING PARTY compliance with any applicable law.
ARTICLE 12. AUDIT, ACCESS TO RECORDS
The PERFORMING PARTY shall maintain books and records concerning all Work under this Contract (including
that performed by subcontractors), and shall retain them for at least three (3) years from the date of termination of
this Contract. The TNRCC, the Texas State Auditor's Office, or any of their duly authorized representatives may
review, audit, copy, or disclose the contents of such books or records at any time.
ARTICLE 13. MISCELLANEOUS
1. Except as otherwise provided in this Contract, PERFORMING PARTY will direct all communications with
the TNRCC to the Project Representative designated by the TNRCC. The PERFORMING PARTY will designate
a Project Representative to receive all communications from the TNRCC. Both Project Representatives will be
designated in writing (see Project Representatives/Records Location).
2. "Time is of the Essence" will apply to all time limits stated in the Contract.
3. The PERFORMING PARTY will adhere to all applicable standards, principles and guidelines detailed in the
Uniform Grant and Contract Management Standards (UGCMS), including those related to financial monitoring,
auditing and record keeping.
Contract#582-1-89369 10
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City of Fort Worth, Texas
,Mayor And Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
8/22/00 .**C-18196 52CONTIN000S 1 of 2
SUBJECT APPROPRIATION ORDINANCE AND INTERLOCAL AGREEMENT WITH THE TEXAS
NATURAL RESOURCE CONSERVATION COMMISSION FOR OPERATION OF
THREE CONTINUOUS AIR MONITORING SITES
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to execute an agreement with the Texas Natural Resource
Conservation Commission (TNRCC) in the amount of $60,000 to operate three continuous air
monitoring stations; and
2. Authorile a non-interest bearing inter-fund loan from the Environmental Management Fund to the
Grants Fund in the amount of $15,000 for interim financing of 25% of this project pending contract
execution; and
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Grants Fund by$60,000.
DISCUSSION:
The Department of Environmental Management will operate and maintain three continuous air
monitoring stations for the TNRCC. One is located in the Keller area, one is near Annetta, Texas in
Parker County and the third is located in the northwest corner of Tarrant County. All three stations are
equipped with an ozone monitor and a meteorological tower to monitor wind speed, wind direction, and
temperature. These monitors are part of the state initiative for Environmental Monitoring for Public
Access and Community Tracking of ozone air pollution in the Fort Worth/Dallas area.
The TNRCC provides all the air monitoring equipment, parts, and supplies for the proper operation of
the air monitoring stations, and is contracting with the City of Fort Worth for the operation and
maintenance of this monitoring equipment. The City will be responsible for retrieving the sampling data,
sending it for analysis, and performing regular maintenance activities on the equipment.
The contract period is to begin September 1, 2000, and expire August 31, 2001.
City of Fort Worth, Texas
"noor andC oundt Communication
DATE REFERENCE NUMBER LOG NAME PAGE
8/22/00 **C-18196 1 52CONTIN000S 2 of 2
SUBJECT APPROPRIATION ORDINANCE AND INTERLOCAL AGREEMENT WITH THE TEXAS
NATURAL RESOURCE CONSERVATION COMMISSION FOR OPERATION OF
THREE CONTINUOUS AIR MONITORING SITES
A
FISCAL CERTIFICATION/INFORMATION:
The Finance Director certifies that upon approval of the above recommendations, funds will be
available in the current operating budget, as appropriated, of the Grants Fund. Upon execution of the
grant contract, the inter-fund loan of$15,000 will be returned to the Environmental Management Fund.
CB:I
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
GR76 220103 000412665000 $15,000.00 APPROVED
Charles Boswell 8511 GR76 451,943 052412665000 $60,000.00 CITY COUNCIL
Originating Department Head: GR76 5(vadous) 052412565010 $60,000.00
AUG 22 2000
Brian Boerner 8085
(from) `11�u•.1
Additional Information Contact: R103 136076 0000000 $15,000.00
C[ty&ecre:ary of the
City of Fort�florth,'llexas
Brian Boerner 8085
Adopted Ordinance ho. _rte