HomeMy WebLinkAboutContract 48790RECEIVED �ITY ���7'A�' ' � 6 l..
RESEARCH SERVICES/TESTING AGREEI�IENT No. 1'�'►�N�ACT NO�
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This Agreemen�,_�onstitutes a Research Services/T'esting Agreement ("Agreement") between Texas A&M AgriLife Extension Service
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C.'����_�a;'�a�mber of The Texas A&M University System and an agency of the State of Texas, and City of Fort Worth ("Sponsor").
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The research services/testing project ("Project") contemplated under this Ag-eement is of mutual interest and benefit to AgriLife and to the
Sponsor and will further the instructional and technical objectives of AgriLife in a manner consistent with its status as an agency of the State of
Texas.
The parties agree as follows:
1. STATEMENT OF WORK. AgriLife shall use its reasonable efforts to perform the Project described in the Statement of Work appended
hereto and incorporated as Appendix A.
2. PRINCIPAL INVESTIGATOR. The Project will be supervised by Dr. Foud Jaber, in the Department of Biological and Agricultural
Engineering.
3. PERIOD OF PERFORNIANCE. AgriLife shall conduct the Project for one (1) year from the contract execution date. This Agreement
may be renewed only by written agreement executed by both parties.
4. PRICE AND PAYNIENT. Sponsor shall pay AgriLife the fixed price of $10,000.00. Sponsor shall make payments upon receipt of
invoices, net 30 days.
5. PAYMENT SCHEDULE.
[nstallment payments of will be made upon completion of each of the five deliverables specified within the Statement of Work as
follows:
Payment Amount Payment Schedule
$1,000 upon completion of Task 1(April 1, 2016)
$1,000 upon completion of Task 2(May I, 2017)
$7,000 upon completion of Task 3(April 30, 2018)
$500 upon completion of Task 4(May 31, 2018)
$500 upon completion of Task 5(June 30, 2018)
Payment will be net 30 days upon receipt of invoice. i(-�T�— =–_�
Invoices shall be sent to the following address:
Stormwater Mana�ement Divison, Transportation & Public Works, City of Fort Worth
1000 Throckmorton Street
Fort Worth, TX 76102
Company Rep Name: Ranjan S. Muttiah Phone: 817-392-7919
Email: ranjan.muttiah@fortworthtexas.gov
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6. TERMINATION. Sponsor may terminate AgriLife's performance under this Agreement upon 30 days prior written notice. AgriLife may
terminate performance if circumstances beyond its control preclude continuation of the Project. Sponsor shall reimburse AgriLife for all
costs and non-cancelable commitments incurred in the performance of this Agreement up to the date of termination. Either party may
terminate this Agreement effective upon written notice if the other party breaches any of the terms and conditions of this Agreement and
fails to cure such breach within 30 days after receiving written notice thereof.
7. DISCLAIMER OF LIABILITY. AGRILIFE MAKES NO REPRESENTATIONS AND EXTENDS NO WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED IN CONNECTION WITH THE TECHNICAL REPORTS, INVENTION DISCLOSURES OR
RESEARCH/TESTING DATA FURNISHED UNDER THIS AGREEMENT. THERE ARE NO EXPRESS OR IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT USE OF SUCH MATERIALS OR
MODIFICATION OF SUCH MATERIALS WILL NOT INFRINGE ANY PATENT, COPYRIGHT, TRADEMARK, OR OTHER
PROPRIETARY RIGHT.
8. FORCE MAJUERE. Except for the obligation for the payment of money, if either parry fails to fulfill its obligations hereunder when such
failure is due to an act of God, or other circumstance beyond its reasonable control, then said failure shall be excused for the duration of
such event and for such a time thereafter as is reasonable to enable the parties to resume performance under this Agreement.
9. DISPUTE RESOLUTION. Sponsor shall use the dispute resolution process provided in Chapter 2260 of the Texas Governmen[ Code to
attempt to resolve a dispute arising under this Agreement and such process is a required prerequisite to suit in accordance with Chapter 107,
Texas Civil Practice and Remedies Code. Sponsor shall submit written notice of a claim of breach of contract under this chapter to the
Director of the Texas A&M AgriLife Extension Service. AgriLife is an agency of the State of Texas and nothing in this Agreement waives
or relinquishes the right of AgriLife to claim any exemptions, privileges and immunities as may be provided by law.
10. ENTIRE REPRESENTATION. This Agreement contains the entire agreement between the parties and supersedes any prior oral or
written agreements, commitments, understandings, or communications with respect to the subject matter of the Agreement. No amendments
or modification of this Agreement shall be effective unless set forth in writing executed by duly authorized representatives of each party.
This Agreement shall be construed in accordance with the laws of the State of Texas.
11. WAIVER. No waiver of any provision hereof or of any right or remedy hereunder shall be effective unless in writing and signed by the
party against whom such waiver is sought to be enforced. No delay in exercising, no course of dealing with respect to, or no partial exercise
of any right or remedy hereunder shall constitute a waiver of any right or remedy, or future exercise thereof.
12. ASSIGNIVIENT. This Agreement may not be assigned in whole or in part by either party without prior written consent of the other party.
13. WORK PRODUCT. All data generated including observational data, information, and results of the tests and measurements under this
Agreement ("Work Product") shall be the property of Sponsor, and Sponsor may use, copy, make, reproduce, or publish them without
restriction and to have and permit others to do the same. AgriLife retains the right to use and publish the Work Product for research and
other non-commercial educational purposes except that AgriLife may not publish Confidential Information without Sponsor's written
consent.
14. NOTICE. Any notice required to be given in connection with this Agreement shall be in writing and shall be deemed effective if hand
delivered, or if sent by United States certified mail, retum receipt requested, postage prepaid, or if sent by private receipted courier guaranteeing
same-day or next-day delivery, addressed to the respective party at its address provided below. If sent by U.S. certified mail in accordance with
this Section, such notices shall be deemed given and received on the eadier of (a) actual receipt at the address of the named addressee, or (b) on
the third business day after deposit with the United States Postal Service. Notice given by any other means shall be deemed given and received
only upon actual receipt at the address of the named addressee.
Sponsored Research Services Stormwater Management Division, Transportation & Public Works,
Texas A&M University City of Fort Worth
400 Harvey Mitchell Parkway South, Suite 300 1000 Throckmorton Street
College Station, TX 77845-4375 Fort Worth, TX 76102
Attn: Stacie Grange Attn: Ranjan S. Muttiah
Telephone: 979-862-6777 Telephone: 817-392-7919
Email: :n,:u�l<i�, taii�u.��Ju; sgrange@tamu.edu Email:Ranjan.muttiah@fortworthtexas.gov
15. USE OF NAME. Neither party may use the name or any adaptation of the name of the other or any of the other's employees or affiliates in
any way except in factual statements that are not misleading or imply an endorsement by the other party or its employees or affiliates.
16. GOVERNING LAW. The substantive laws of the State of Texas (and not its conflicts of law principles) govern all matters arising out of
or relating to this Agreement and all of the transactions i[ contemplates. Venue for any claim arising out of or relating to this Agreement and
all of the transactions it contemplates is as provided by Texas law.
17. SEVERABILITY. Each provision of this Agreement is severable. If any provision is rendered invalid or unenforceable by statute or
regulations or declared null and void by any court of competent jurisdiction, the remaining provisions will remain in full force and effect if
the essential terms of this Agreement remain valid, legal, and enforceable.
18. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties as to the Project and supersedes all other
written and oral agreements between the parties as to those matters. The parties may execute other contracts, but those will not change or
alter this Agreement unless expressly stated in writing.
19. USE OF PURCHASE ORDERS. To the degree that either or both of the parties hereto find it convenient to employ their standard forms
of purchase order or acknowledgment of order in administering the terms of this Agreement, it or they may do so but none of the terms and
conditions printed or otherwise appearing on such form shall be applicable except to the extent that it specifies information required to be
furnished by either party hereunder. The terms proposed by any such form are specifically objected to and shall not be used as a basis for
any contract.
20. AGREENIENT EXECUTION. This Agreement may be executed in one or more counterparts and each counterpart shall, for all purposes,
be deemed an original, but all such counterparts shall together constitute but one and the same instrument.
Executed and effective as of the date subsciibed by the last Party to execute the Agreement.
BY: BY:
City Of Fort Worth - Sponsor Texas A&M AgriLife Extension Service
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Jesus J. Chapa Juh�Bishop f
Assistant Cit Mana er 4--_-_ ---_--_--,--.
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APPROVAL RECOMMENDED:
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Douglas W. Wf rsig
Director, Transportation & Public Works
APPROVED AS TO FORM AND LEGALITY
By:
uglas W. Black
Senior Assistant City Attomey �`�������
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Mary L'Kayse
City Secretary
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M&C No.: N/A
M&C Date: N/A
Contract Compliance Manager:
By signing I acknowledge that I am the person responsible for
the monitoring and administration of this contract, including
ensurin all performance and reporting �equirements.
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Ranjan S. Muttiah, Semo ional Engineer
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APPENDIX A
STATEMENT OF WORK
Willow Creek Lake Sediment Load Analysis
Total Project duration: One (1) year
Texas A&M AgriLife Fee: $10,000
Texas A&M AgriLife (AgriLife) is a research and education agency. Its main goal is to serve, assist and educate the public as well
as analyze data for the purpose of increasing scientific knowledge. Accordingly, the stormwater program proposes providing
assistance to the City of Fort Worth (Ciry) to evaluate and analyze the flow of sediments (Total suspended solids(TSS)) to Willow
Creek Lake (Lake).
The following tasks will be performed by AgriLife:
Evaluate annual sediment loading into the lake from the watershed using GIS. Calculations will use average urban
stormwater TSS concentrations, land use and the NRCS curve number method. This task is proposed to determine
"baseline" conditions for the watershed, and validate proposed measurements.
Anticipated Completion Date: April 1, 2017
Deliverable: GIS map showing loading rates from watershed.
2. Identify storm drain locations and lake outfall for installing automatic ISCO water samplers to monitor sediments. Runoff
will be sampled across the entire storm event using established sampling protocols. City will collaborate with AgriLife
to determine specific sampling sites. Sampling will take place over a one (1) year period starting within one month upon
execution of the contract.
Anticipated Completion Date: May 1, 2017
Deliverable: Map with final number and location of ISCOs; Program used in ISCO sampling; Protocol for data coilection
of water samples and data download
3. Analyze far TSS in the Texas A&M AgriLife center in Dallas. Following rainfall events, City and/or AgriLife staff wiil
collect the bottles from the ISCO samplers and keep in storage for later collection by AgriLife personnel. The samples
will be analyzed using EPA-Method-160-2. Results fi•om the analysis will be shared with the City. The following is the
storage requirement: A minimum sample of 1000 mi should be stored at 4°C (40° F) for a maximum duration of 7 days.
Anticipated Completion Date: April 30, 2018
Deliverable: Data reports of TSS concentrations and loads into the Lake.
4. Calculate concentration and loads of TSS entering the lake for a 1-year period. After one (1) year worth of ineasurement, a
sediment budget will be developed for discharge areas into the Lake.
Anticipated Completion Date: May 31, 2018
5. Develop a Final Report. A draft report will be submitted ro the City for review and comments. AgriLife will address
comments, and submit completed final report
Anticipated Completion Date: June 30, 2018
Deliverable: Final Report
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The following shall be provided by the City of Fort Worth:
1). Wateished map and drainage areas to Willow Lake.
2). Site coordination and access to monitoring sites.
3). Collection and storage of runoff samples from the ISCO samples.
4). Mailing/Delivering samples to Dallas Research and Extension Center, as needed.
BUDGET
The lump sum fee of $10,000 reflects Faculty and staff time for the data coliection and analysis. It also reflects the cost of travel,
TSS testing and a 28% overhead requirement for the agency.