HomeMy WebLinkAboutContract 51456D jam(-,.
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City of Fort Woth PM2.5
a ! Y SECRETARY �J
Ot TRACT NO.
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TCEQ Contract Number 582-19-90039
Texas Commission on Environmental Quality
Cooperative Reimbursement Contract
for State Agencies and Local Governments
CONTRACT SIGNATURE PAGE
Contract Name:
Contract Number:
Performing Party:
Performing Party Identification Number:
Maximum Authorized Reimbursement:
Effective Date: ® September 1, 2018
City of Fort Worth
582-19-90039
City of Fort worth
17560005286
$ 71,ioi.68
❑ Date of last signature
Expiration Date: ® August 31, 2019 ❑ Last day of Fiscal Year in which the Contract was signed
❑ If checked, this Contract requires matching funds. Match Requirement:
® If checked, this Contract is funded with federal funds.
CFDA Number: 66.034
Federal Grant Number: PM-o1F30201
This Contract is entered under: ❑ Gov't Code ch. 7710 Gov't Code ch. 7910 Water Code § 5.124
The Texas Commission on Environmental Quality (TCEQ), an agency of the State of Texas, and the named Performing Party, a state
agency or local government of the State of Texas, enter this agreement (Contract) to cooperatively conduct authorized governmental
functions and activities under the laws of the State of Texas.
The Parties agree as follows: (a) to be effective, the Contract must be signed by an authorized official of the TCEQ and the Performing
Party; (b) this Contract consists of all documents specified in the list of Contract Documents following this page; and (c) as authorized
by TCEQ, Performing Party will conduct Contract Activities as part of its own authorized governmental functions and TCEQ will
reimburse Allowable Costs subject to the Texas Uniform Grant Management Standards (UGMS) and this Contract.
Texas Commission on
Env`- 1 iry�mental testy EQ)
Authorized Signature
Richard C. Chism
Printed Name
Director, Monitoring Division
Title
Date
Arthur French, CTCM L j P rA
Procure is & Contracts Re ese ative
Printed Name
Date
CITY SECRETARY
FT. WORTH, TX
City of Fort Worth
(Perkorming Party)
Authorized Signature
Ms. Valerie Washington
Printed Name. ,
Assistant City Manager Y
Title
Date ($
t P;
by t. i 0
Wald P. Gonzales, AsO. City
Pagel of 58
M&C: QLl ('9(Zsh
1295: L�
Ciera
OF Texas Commission on
�, Environmental Quality
CITY SECRETARY
FT. WORTH, TX
City of Fort Worth
(Perkorming Party)
Authorized Signature
Ms. Valerie Washington
Printed Name. ,
Assistant City Manager Y
Title
Date ($
t P;
by t. i 0
Wald P. Gonzales, AsO. City
Pagel of 58
M&C: QLl ('9(Zsh
1295: L�
City of Fort Wolh PIVI2.5
TCEQ Contract Number 582-19-90039
CONTRACT DOCUMENTS LIST
Cooperative Reimbursement Contract
for State Agencies and Local Governments
This Contract between TCEQ and Performing Party consists of the Contract Documents
listed on this page. 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
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
• Scope of Work
• Cost Budget
• Federal Section (Including Federal Conditions and Completed Forms)
o EPA Certification Regarding Lobby Activities
o EPA Disclosure of Lobbying Activities
o EPA MBW/WBE Utilization Under Federal Grants and Cooperative
Agreements
o TCEQ Pass - Through Funding Information and Federal Funding
Accountability and Transparency Act Reporting Form
• General Terms and Conditions
• Notices, Project Representatives and Records Locations
• Attachment A - Release of Claims
• Attachment B - Budget Revision Request Form
Texas Commission on Page 2 of 58
Environmental Quality
City of Fort Woth PM2.5
TCEQ Contract Number 582-19-90039
Special Terms and Conditions
Texas Commission on Page 3 of 58
Environmental Quality
City of Fort Woth PM2.5 TCEQ Contract Number 582-19-90039
SPECIAL TERMS AND CONDITIONS
City of Fort Worth .
582-19-90039
1. The Term of the Contract shall commence on September 1, 2018, or the date of
last Contract Signature, whichever is later, and continue through August 31,
2019. This Contract may be renewed for three, 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 Price Form, 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.
4. The TCEQ, by unilateral amendment, may extend the Contract for up to 180
days beyond any expiration of the Contract Period.
The General Terms and Conditions 4.3 No Interest for Delayed Payment is
replaced in its entirety with the following:
4.3 Prompt Payment Act. TCEQ will pay uncontested invoices within 30 days
of receipt. All payments shall be made in accordance with Chapter 2251
of the Texas Government Code.
Texas Commission on Page 4 of 58
Environmental Quality
City of Fort Woth PM2.5 TCEQ Contract Number 582-19-90039
Scope of Work
Texas Commission on Page 5 of 58
Environmental Quality
City of Fort Woth PM2.5
SCOPE OF WORK
I. FACTS/PURPOSE
TCEQ Contract Number 582-19-90039
The Performing Party will operate and maintain air monitoring stations in Arlington,
Eagle Mountain Lake, and Fort Worth, Texas, listed below in Table I.A, in accordance
with 40 Code of Federal Regulations (CFR) Parts 50 and 58, the effective Texas
Commission on Environmental Quality (TCEQ) quality assurance project plans (QAPPs)
pertaining to the State or Local Air Monitoring Stations (SLAMS) network and the
Particulate Matter of 2.5 Micrometers or Less (PMI.5) network, equipment standard
operating procedures (SOPS), and the Preventive Maintenance Instructions (PMI)
Manual. Documentation is available upon request.
Air monitoring stations are subject to relocation and sampler changes (including
changes in sampling frequency). In the event of site relocation, the Performing Party
will be notified 30 days prior to relocation. The Performing Party will operate similar
additional or relocated ambient air monitoring equipment as needed and as agreed
upon by both parties.
Table I.A lists all equipment and air monitoring stations operated and maintained
under this contract.
Table I.A: Equipment
Stn"Equipment
= : - _
c U1
Operating erIf C
Arlington Municipal
5504 South Collins
PM,., continuous monitor
continuous
Airport
Street, Arlington,
AQS 484393011
Texas 76018
CAMS 0061
Eagle Mountain Lake
14290 Morris Dido
NO. monitor
continuous
AQS 484390075
Newark Road, Eagle
CAMS 0075
Mountain, Texas
76179
Fort Worth California
1198 California
PM2s FRM monitor
1/3 days
Parkway North
Parkway North, Fort
AQS 484391053
Worth, Texas 76115
CAMS 1053
Haws Athletic Center
600'/ Congress
PMZ,SFRM Sampler
1/3 days
AQS 484391006
Street, Fort Worth,
CAMS 0310
Texas 76107
PM2.S continuous monitor
continuous
Keller
Federal Aviation
NO. monitor
continuous
AQS 484392003
Administration (FAA)
CAMS 0017
site off Alta Vista
Road, Fort Worth,
Texas 76244
AQS - Air Quality System
CAMS - continuous air monitoring station
FRM - federal reference method
NO, - orddes of nitrogen
Phf,_5- particulate matter of 2.5 micrometers or less in diameter
Texas Commission on Page 9 of 58
Environmental Quality
City of Fort Wath PM2.5 TCEQ Contract Number 582-19-90039
I. TCEQ RESPONSIBILITIES/DESIGNATION OF STAFF
A. Provide all air monitoring equipment, parts, audit equipment, gas standards,
sample media as required, communications equipment, and equipment
related supplies for the proper operation of the air monitoring stations.
B. Provide all electrical and communication accounts necessary for the proper
operation of air monitoring stations.
C. Provide all site maintenance equipment (i.e., lawnmower, edge trimmer).
D. Provide shipping labels upon request for the Performing Party to ship air
monitoring equipment, parts, audit equipment, and equipment related
supplies to the TCEQ.
E. Provide Performing Party staff with individual virtual private network (VPN)
access accounts to check the site status remotely and update electronic
operator logs through the TCEQ's internal status report webpage during the
term of the contract.
F. Provide training for equipment operations and other activities designed to
increase technical capabilities required to support this agreement upon
request by the Performing Party.
G. Provide contact information, troubleshooting, and technical support related
to TCEQ air monitoring equipment by phone, email, or on-site visits, during
regular business days between the hours of 8:00 AM and 5:00 PM Central
Standard Time (CST).
H. Conduct annual air monitoring station field audits.
I. Designation of staff
• Neal Penney (817) 588-6865 is the Project Manager and point of contact
for this contract. Additional experienced TCEQ staff will be available in
his absence. Contact information for technical staff is available upon
request.
• Julie VandenBerg (512) 239-1958 is the Contract Specialist.
II. PERFORMING PARTY RESPONSIBILTTIES
A. At a minimum, provide one primary operator with at least six months
experience with ambient air monitoring equipment and one backup site
operator with similar experience. These site operators must be
electrical/mechanical grade technicians capable of operating and performing
light maintenance on meteorological hardware and electronic monitoring
equipment. Staff must be proficient in the use of digital volt meters and
personal computers.
B. Designate a project representative who receives communications from the
TCEQ, manages the work being performed, and acts on behalf of the
Performing Party as an authorized representative. Participate in monthly
phone calls with the TCEQ Project Manager. Calls will be scheduled as agreed
upon by both parties and documented in writing by the TCEQ Project
Manager.
C. 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 Code of Federal Regulations.
Texas Commission on Page 7 of 58
Environmental Quality
City of Fort Woth PM2.5
TCEQ Contract Number 582-19-90039
D. Communicate effectively and promptly with TCEQ technical staff to
troubleshoot malfunctioning equipment. Address all warnings and failures
as soon as detected, or no later than the next business day.
E. At least one operator must be present during all TCEQ assessments or site
visits. At least one assessment per year should be expected. More frequent
assessments may occur if significant or persistent data quality issues occur.
If the data quality objectives are not met, the Performing Party must produce
a corrective action plan in writing, within 30 days of notification or set
deadline, including:
• an assignable root cause for not meeting this specification;
• the programmatic impact;
• specific corrective actions taken or planned to address the
nonconformance;
• specific corrective actions taken or planned to prevent recurrence;
• a timeline for completing each action;
• the means by which corrective action completion will be documented;
• the means by which corrective action will be verified as effective; and
• the individual(s) responsible for implementation.
F. Operate monitoring equipment according to federal regulations, established
applicable SOPs, PMIs, QAPPs, and any other guidance documents. This
documentation is available upon request.
G. Operate air monitoring equipment according to Table VII.A and ensure the
deliverables listed are performed adequately and on time. Document
completion and submit deliverables in the manner listed in Table VII.A.
H. 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, notify the TCEQ Project
Manager upon discovery. VPN access accounts are issued to individuals
annually and must not be shared amongst Performing Party's staff.
I. Reply in writing to all TCEQ requests by set deadlines. Promptly respond to
and comply with verbal and written guidance from the TCEQ Project
Manager and technical support staff
J. Document all site activities in the electronic operator log, including but not
limited to requirements listed in SOPs, before leaving a site where access to
electronic log is available or within two business days where site access to
electronic logs is not available.
K. Ensure the date of certification all equipment and gas cylinders is current.
Equipment must be sent to TCEQ for certification prior to expiration. Prior
approval is required to use any expired equipment or cylinders.
L. Document all equipment and gas cylinder changes in Hardware Tracker
within two business days of the change.
M. Make travel arrangements and cover expenses for staff to attend all
requested trainings, demonstrations of competency, and meetings.
N. Maintain and provide as needed: documentation of shipping expenses,
insurance costs (required) whether using the TCEQ account or other, and any
additional information necessary to track equipment or be reimbursed for
the activity.
Texas Commission on Page 8 of 58
Environmental Quality
City of Fort Woth PM2.5
TCEQ Contract Number 582-19-90039
O. When visiting the TCEQ headquarters, all staff must enter through the front
of the building, check-in with the security guard, and be escorted by TCEQ
staff.
P. Notify the TCEQ Project Manager immediately of any damages due to
accident or vandalism. Provide pictures, police reports, and communications
to provide remedy within 48 hours of discovery. The TCEQ is not responsible
for damages due to negligence of the Performing Party or its subcontractors.
The Performing Party must provide adequate replacement for equipment
that is lost, stolen, or damaged due to negligence by the Performing Party or
any subcontractor.
Q. Provide arrangements to convey equipment to and from the site to TCEQ
employees at mutually agreed upon locations for exchange, delivery, or
transfer. The Performing Party is responsible for its own fuel, vehicle, and
any other expenses associated with the requested conveyance.
R. Upon request by the TCEQ, provide guided tours of the monitoring sites to
local school districts or governing agencies, not to exceed four hours per
quarter.
S. Complete the Basic Siting Criteria checklist every six months, and submit a
copy to the TCEQ Project Manager, and notify the TCEQ Project Manager of
any non-conformance or obstructions to the monitoring path upon
discovery.
T. Complete the CAMS Operator and Safety Checklists on a monthly basis and
submit a copy to the TCEQ Project Manager every month. Notify the TCEQ
Project Manager about any non-conformance upon discovery.
U. Identify, obtain, and document any necessary safety training annually.
Ensure all training is documented and records are maintained for a
minimum of five years and provided to the TCEQ Project Manager upon
request.
V. Provide limited logistical support related to relocating or establishing a new
air monitoring site. This may include, but is not limited to, assistance with
locating a new site, providing access to contractors and utility companies for
site construction, and reviewing and documenting site construction
activities.
W. Perform 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 replacement
contractor;
• the Performing Party will provide reports, maps, property site contact
information, keys, equipment, and other TCEQ property to any
replacement contractor upon execution of said future contract;
the Performing Party will report to any replacement contractor any
pending problems being investigated or for which equipment repair is
incomplete;
• upon request by TCEQ, the Performing Party will provide to any
replacement contractor access to site trailers, buildings, utilities, or other
locked areas;
Texas Commission on Page 9 of 58
Environmental Quality
City of Fort Wolh PM2.5
TCEQ Contract Number 582-19-90039
• the Performing Party will notify the TCEQ Project Manager in writing
when the transition of services is complete; and
• at all times, the Performing Party will provide complete cooperation,
courtesy, civility, and professionalism when providing transitional
services and communicating with any replacement contractor staff
III. DESCRIPTION OF DELIVERABLES
The Performing Party must operate and maintain the air monitoring stations listed in
Section I according to all applicable federal regulations and all effective TCEQ QAPPs,
SOPs, and PMls, as well as any additional guidance provided by the TCEQ Project
Manager to meet existing, and future, federal and state air monitoring requirements. If
there are discrepancies between the TCEQ SOPS and this contract, the Performing Party
must contact the TCEQ Project Manager for clarification and approval. TCEQ
documents can be accessed through the TCEQ Rhone page and are also available upon
request.
IV. ACCEPTANCE CRITERIA
The Performing Party is required to provide the TCEQ at least an 85 percent (%)
quarterly 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 Performing Party. Neglect of the
site isnot an assignable cause. The parties agree that the following reduction
represents a reasonable calculation for payment in the event that the Performing Party
fails to meet the required 85% quarterly data return. TCEQ may reduce 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 example, if this Scope of Work calls for four monitors to be operated for
four quarters each, the possible reduction amount will be split 16 ways. In that
example, for each quarter that a monitor does not achieve the required data return,
TCEQ may deduct up to 1/16 of the possible reduction amount. Considerations for the
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 will also require
corrective action. This adjustment is cumulative with all other remedies
V. ANNUAL VENDOR PERFORMANCE EVALUATION
Failure to meet contract deliverables will be noted and documented in the TCEQ Project
Manager's annual performance evaluation of the Performing Party, and may determine
the continuation of this contract.
Texas Commission on Page 10 of 58
Environmental Quality
City of Fort Woth PM2.5
VI. SCHEDULE OF DELNERABLES
TCEQ Contract Number 582-19-90039
The Performing Party must provide the deliverables listed in Table VILA to the TCEQ in
accordance with the noted timeframes.
Table VILA: Contract Deliverables
Deliverable
Equipment
Summa of Tasks and.Timeframes
Submit to:
Data
NO.,, PM,,,
• Collect and monitor continuous
LEADS via VPN or
Collection
FRM, PM,.,
ambient air data and operate non-
through the on-site
continuous
continuous samplers according to
data logger
applicable Standard Operating
Procedures (SOPS) and the U.S. 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 operator log
on the day it occurs.
Sample
PM,.: FRM
• Package and ship collected PM2., FRM
Desert Research
Collection and
filters following the provided DRI
Institute (DRI)
Shipping
shipping schedule. (Late shipments
will not be tolerated).
httn://eafs.dri.edu/
and LEADS via VPN
• Submit PM2.; FRM electronic sample
files to the lab on same day as filter
shipment on the DRI shipping
schedule.
• Document collection and shipping
dates in electronic operator log
according to the requirements listed
in Section III of this contract.
. Complete required sample custody
documentation with no errors.
• Respond within 48 hours to any
sample issues provided by the lab.
Equipment
NOx, PM,.,
• Respond to equipment warnings,
failures or malfunctions by visiting
Project Manager,
Failure
Response
FRM, PM2.,
continuous
the site on the same day if feasible,
TCEQ Equipment
Support Work Group
but no later than the next business
(ESWG), and LEADS
day.
via VPN
• Notify TCEQ in writing within one
business day of problem resolution.
Follow the TCEQ's technical advice
and instructions without exception
when troubleshooting equipment.
• Document all equipment actions and
subsequent resolution in the
electronic operator log and hardware
tracker.
Texas Commission on Page 11 of 58
Environmental Quality
City of Fort Wolh PM2.5
TCEQ Contract Number 582-19-90039
Deliverable
E ui ment
Summary of Tasks and Timeframes
Submit -to.-.
Equipment
NO.,, PM,.,
• Report equipment failures or
malfunctions in writing the same day
TCEQ ESWG, Project
Failure and
FRM, PM,.,
as discovered. Include symptoms or
Manager, and LEADS
Sample Loss
continuous
cause of failure and contact
via VPN
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 than 48
consecutive hours or when two
consecutive non -continuous samples
are missed or invalid. Include reason
for data loss and corrective action
tan.
Monthly
PM,., FRM,
• Perform verifications monthly within
pm@tceq.texas.gov
Verification
PM2.5
first five business days of the month.
and Report
continuous
• Perform verification procedures as
defined by instrument SOPS.
• For each verification, download a
new worksheet from the TCEQ Rhone
page at httn://rhone4/cgi-
bin/worksheet_docs.ol .
• Enter all verifications in the
electronic operator log according to
the requirements listed in Section III
of this contract, identifying the
sampler, and the date of the
verification. The originator must
review the worksheet for accuracy.
• Verification reports must be
independently reviewed by someone
other than the originator prior to
submission to the TCEQ to ensure
accuracy. The independent review
must be documented.
• Submit verification report within two
business days of completion.
• If corrections are requested by the
TCEQ Project Manager, the
Performing Party will correct and
return the worksheet within one
business day.
Texas Commission on Page 12 of 58
Environmental Quality
City of Fort Woth PM2.5
TCEQ Contract Number 582-19-90039
Deliverable
Equipment
Summary of Tasks and Timeframes
Submit to:
Quarterly
PM2.s FRM,
• Perform quarterly PM2.s audits, using
unexpired audit equipment, within
pm 0a
Audit and
PM2.5
first five business days of the
Report
continuous
quarter. Quarters are defined in
instrument SOPS.
. Perform additional audits after
instrument repair, modification, or
replacement.
• For each audit, download a new
worksheet from the TCEQ Rhone at
htt%//rhone4/cai-
bin/worlcsheet_docs.ul page.
e Enter all audits in the electronic
operator log according to the
requirements listed in Section III of
this contract, identifying the
sampler, and the date of the audit.
The originator must review the
worksheet for accuracy.
• Audit reports must be independently
reviewed by someone other than the
originator prior to submission to the
TCEQ to ensure accuracy. The
independent review must be
documented.
• Submit audit reports within two
business days of audit completion.
• If corrections are requested by the
TCEQ Project Manager, the
Performing Party will correct and
return the worksheet within one
business day.
Laboratory
NO.
• Perform eight LCCs per year, two per
lcc@tcea.texas.gov
seasonal quarter, approximately 45
Control Check
days apart per instrument.
(LCC) and
• For each LCC, download a new
Report
worksheet from the TCEQ Rhone
page at httu://rhone4/cgi-
bin/worksheet_docs.ul.
• Enter all LCCs in the electronic
operator log according to the
requirements listed in Section III of
this contract, identifying the
analyzer, and the date of the LCC.
The originator must review the
worksheet for accuracy.
• LCC reports must be independently
reviewed by someone other than the
originator prior to submission to the
TCEQ to ensure accuracy. The
independent review must be
documented.
Texas Commission on Page 13 of 58
Environmental Quality
City of Fort Wolh PM2.5
TCEQ Contract Number 582-19-90039
Deliverable
Equipment
Summa of Tasks and Timeframes
Submit to:
• Submit written notification of any
failed LCC to the Project Manager on
the date of the failure
• Submit LCC reports within two
business days of LCC completion.
• If corrections are requested by the
TCEQ Project Manager, the
Performing Party will correct and
return the worksheet within one
business day.
Data
PM'•5
• Track and submit data completeness
Project Manager and
g
Completeness
FR
reports within 30 days after the end
LEADS via VPN
Reports
continuous
continuous
u
of the following intervals:
o September - November
■ due December 31
o December - February
■ due March 31
o March - May
■ due June 30
o June - August
■ due September 30
• Include description of how data
completeness was determined and
provide justification for data loss
and corrective actions taken.
Preventive
NOx, PM,.,
Execute the following:
• 4-014, Analyzer Sample Inlet
LEADS via VPN
Maintenance
FRM, PM,.,
Particulate Filter Replacement (NOd, a
Instruction
continuous,
minimum of every two weeks;
(PMI)
site
• 4-360, Ambient Sample Line
Completion
Replacement, a minimum of once per
year;
• 5-360, Exhaust Scrubber Charcoal
Replacement, a minimum of once per
year;
• 9-180, Zero Air Module Charcoal
Scrubber Replacement, a minimum of
once every six months;
• 40-030, Cleaning the R&P Air Screens,
a minimum of every 30 days;
• 40-30a, Cleaning the Very Sharp Cut
Cyclone, a minimum of every. 30
days;
• 40-30b, Cleaning the 1" Stage and
Inlet, a minimum of every 30 days;
. 40-180, 2025 Battery Replacement, a
minimum of every six months and at
battery failure;
• 41-30, T EOMAir Condition Filter, a
minimum of every 30 days;
• 41-030a, TEOM PM:.s SCC Adapter
Cleaning, a minimum of every 30
Texas Commission on Page 14 of 58
Environmental Quality
City of Fort Woth PM2.5
TCEQ Contract Number 582-19-90039
Deliverable
E ui ment .
Summary of Tasks and Timeframes
Submit to:
days or at motor failure;
• 41-030b, TEOM Sample Inlet
CIeaning, a minimum of every 30
days;
• 41-180, TEOM In -Line Auxiliary Filter
Change, a minimum of every six
months;
• 41-180a, TEOMAir Conditioner
Cleaning, a minimum of every six
months; and
• any future PMIs developed for this
equipment with TCEQ notification.
• Enter the completion of each PMI,
and the date of completion, in the
electronic operator log according to
the requirements listed in Section III
of this contract.
Site
site
• Maintain site free of vegetation
higher than six inches and trash or
LEADS via VPN
Maintenance
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.
• Request and maintain vegetation
control equipment from TCEQ.
• Record all site maintenance in the
electronic operator log according to
the requirements listed in Section III
of this contract.
• Ensure compliance with siting criteria
in 40 Code of Federal Regulations
(CFR) Part 58 Appendix E.
• Complete the Siting Criteria Checklist
every six months, submit to the
TCEQ Project Manager for review,
and notify the TCEQ of any threats to
siting criteria when threats occur,
such as the growth of trees or
construction of nearby structures.
• Complete the CAMS Operator and
Safety Checklists on a.monthly basis,
and submit a copy to the TCEQ
Project Manager for each site.
Checklists must be kept at the site
either electronically or as a physical
copy. The checklists are located on
the TCEQ Rhone page.
• Notify the TCEQ Project Manager
about any non-conformance or
concern on the day of discovery,
Texas Commission on Page 15 of 58
Environmental Quality
City of Fort Wolh PM2.5
TCEQ Contract Number 582-19-90039
Deliverable
Equipment.
Summary of Tasks and Timeframes
Submit to:
Demonstration
NO.,, PM,.S
• Ensure all site operators demonstrate
Project Manager
J g
of Competency
PMx.,
passing DOCS.
. Submit completed DOC forms and
(DOC)
continuous
cont
supporting documentation to the
TCEQ Project Manager for all
equipment and all current operators
within 30 days after the effective
date of this contract.
. If an operator is hired after the
effective date of this contract, submit
completed DOC form within six
months of the operator's hire date.
Ensure the operator demonstrates a
passing DOC.
• Complete using DOC form, available
upon request from the TCEQ Project
Manager and submit within 10
business days of completion.
Maintain copies of the completed
forms and any supporting
documentation for a minimum of 5
years. Make this documentation
available upon request.
• After one operator obtains DOC from
TCEQ, it is the Performing Party's
responsibility to DOC other staff
members within their organization
according to the timelines above.
Inventory
NO., PM,,,
• Notify the Project Manager in writing
within one business day of
Project Manager
Management
FRM, PK.,
equipment or gas cylinder
and Reports
continuous
replacement or change.
• Document any equipment or gas
cylinder replacement or change in
the electronic operator log and
Hardware Tracker according to the
requirements listed in Section III of
this contract.
• Return inoperable equipment, with
proper documentation of the
problem, to the TCEQ within three
business days of replacement.
• Upon request, promptly assist the
Project Manager with maintaining
inventory control and with Inventory
Management Database (IMD) data
requests.
• Track and submit quarterly TCEQ
asset inventory reports on the
following schedule:
o September - November
■ due December 31
Texas Commission on Page 16 of 58
Environmental Quality
City of Fort Woth PM2.5
TCEQ Contract Number 582-19-90039
Deliverable
Equipment
Summa of Tasks and Timeframes
Submit to:
o December - February
■ due March 31
o March - May
■ due June 30
o June - August
• due September 30
On-site Quality
NO,, PM,,
• Respond within 24 hours of receiving
TCEQ Data Quality
Assurance
FRM, PM,.,
audit request to acknowledge that
Team, Lead QA
(QA) and
continuous
the request was received.
Specialist, and
Performance
• Submit completed pre -audit
Project Manager
Evaluation (PE)
questionnaires by set deadlines.
Audits
• Assist TCEQ staff or U.S. EPA
auditors on-site during all TCEQ
audits and assessments.
• When the preliminary audit report is
issued, produce a written response
within two business days, for any
warnings or failures.
• Provide a corrective action plan to
the Final Audit Report within 30
days, as described in Section III,
detailing all actions to correct
findings. In addition, provide a
written response to address any
comments in the report.
Quality
NO, PM,.,,
• Read all QAPP documents applicable
Project Manager
Assurance
FRM, PMS,,
to Performing Partys program and
Project Plan
continuous
send TCEQ Project Manager an email
(QAPP)
"read receipt" agreeing to abide by
QAPP.
Invoice and
NO, PM,.,
• Submit invoices within 30 days after
Project Manager
Release of
FRM, PM,.,
the end of the following intervals:
Claims
continuous
o September - November
and
Submission
■ due December 31
Contract Specialist
o December - February
■ due March 31
o March
■ due April 30
o April - May
■ due June 30
o June - August
■ due October 30
• Submit invoices according the
requirements provided in the TCEQ
Administrative Procedures for
Contracted Operators document. This
document can be found at
http://rhone-4/cei-
bin/worksheet_docs.pl.
• Submit completed Release of CIaims
form with final Contract invoice.
Texas Commission on Page 17 of 58
Environmental Quality
City of Fort Woth PM2.5
TCEQ Contract Number 582-19-90039
Deliverable
Equipment
Summa . of Tasks and Timeframes
Submit to: .
• 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 an organized
and detailed breakdown of all
expenditures.
• Invoice submittal extensions must be
requested at least one week before
due date.
• Any inappropriate expenditure,
including items not related to the
project, will result in the invoice
being rejected.
• In the event that an invoice is
rejected, the Performing Party must
submit a revised invoice within 10
business days of rejection date.
FIRM - federal reference method
met - meteorological equipment with sensors to measure wind speed, wind direction, and temperature
NOx - oxides of nitrogen
PM„- particulate matter with an aerodynamic diameter less than or equal to a nominal 2.5 micrometers
site - trailer, fence, electrical equipment, and site pad, and any encroaching vegetation
TCEQ - Texas Commission on Environmental Quality
U.S. EPA - United States Environmental Protection Agency,
VPN - virtual private network
Texas Commission on Page 18 of 58
Environmental Quality
City of Fort Wolh PM2.5
Cost Budget
Texas Commission on Page 19 of 58
Environmental Quality
TCEQ Contract Number 582-19-90039
City or Fort Wolh PM2,5 TCEQ Contract Number 582-19-90039
City of Fort Worth
582-19-90039
Cost Budget for Fiscal Year 2019
Cooperative Reimbursement Contract for State Agencies and
Local Governments
1. Budget. Authorized budgeted expenditures for work performed are as follows:
Budget Category
Cost for Work to be
Performed
Salary / Wages
$43,111.73
Fringe Benefits
$20,000.00
Travel
$ 0.00
Supplies
$0.00
Equipment
$0.00
Contractual
$0.00
Construction
$0.00
Other
$0.00
Indirect Costs
$7,989.95
Total
$ 71,101.68
2. Indirect Cost Reimbursable Rate. The reimbursable rate for this Contract is
16.50% of (check one):
® salary and fringe benefits
❑ modified total direct costs
❑ other direct costs base
If other direct cost base, identify:
This rate is less than or equal to (check one):
❑ Predetermined Rate—an audited rate that is not subject to adjustment.
® Negotiated Predetermined Rate—an experienced -based predetermined rate
agreed to by Performing Party and TCEQ. This rate is not subject to adjustment.
❑ Default rate—a standard rate of ten percent of salary/wages may be used in lieu
of determining the actual indirect costs of the service.
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Environmental Quality
City of Fort Woth PM2.5 TCEQ Contract Number 582-19-90039
3. Other. If Budget Category "Other" is greater than $25,000 or more than 10% of
budget total, identify the main constituents:
4. Travel. In order to be reimbursable, travel costs must be specifically authorized in
advance of the travel. Travel costs 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.
S. 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
6. Budget Control.
a. Cumulative transfers equal to or less than 10% of the Total Budget.
Performing Party may transfer amounts between the approved direct cost
budget categories so long as cumulative transfers from direct cost budget
categories during the Contract Period do not exceed ten percent (10%) of the
Total Budget amount. Performing Party must timely submit a Budget Revision
Request (BRR) Form reflecting the revised budget. Upon approval by TCEQ, the
BRR will be incorporated into this Contract as though it is a document revised
under General Term and Condition Section 1.2. The 10% limit does not reset
with the approval of each BRR. It resets when an amendment is signed by the
parties reflecting changes to the budget.
b. Cumulative transfers greater than 10% of the Total Budget. TCEQ must pre -
approve in writing all budget revisions that result in the cumulative transfer
from direct cost budget categories of funds greater than 10% of the Total
Budget during the Contract Period. The Performing Party must request to
amend the Contract. A contract amendment is required before Performing Party
incurs these costs.
c. Performing Party may not transfer amounts to budget categories containing
zero dollars without TCEQ pre -approval in writing.
7. 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
unilaterally extend this deadline by e-mail.
a. All invoices must be submitted in a format that clearly shows how the
budget control requirement is being met.
8. Supporting Records. Performing Party shall submit records and documentation to
TCEQ as 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 such as 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.
Performing Party shall maintain records subject to the terms of this Contract.
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Environmental Quality
City of Fort Wolh PM2.5
TCEQ Contract Number 582-i9-90039
9. Indirect Costs. Performing Party's indirect costs will be reimbursed at the
reimbursable rate entered 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 this Contract requires matching funds, Performing Party may
claim its unreimbursed indirect costs as part or all of its match). Performing Party
must fund all unreimbursed indirect costs from other funds. It Is the Performing
Party's responsibility to ensure that unreimbursed indirect costs are not charged
to other projects which do no benefit from them, and that it uses funding sources
that may be properly used to fund its unreimbursed costs.
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Environmental Quality
City of Fort Woth PM2.5
TCEQ Contract Number 582-19-90039
Federal Terms and Forms
Texas Commission on Page 23 of 58
Environmental Quality
City of Fort Wolh PM2.5 TCEQ Contract Number 582-19-90039
Federal Conditions and Forms (GRANTS)
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; 2 Code of Federal Regulations (CFR) Part 200,
including procurement standards; and any additional federal funding conditions that
arise during the 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.
ARTICLE 2. FEDERAL INTELLECTUAL PROPERTY REQUIREMENTS
A royalty -free, nonexclusive, and irrevocable license to use, copy, publish, and modify
any intellectual 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 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 WITH THE
TEXAS COMMISSIONON ENVIRONMENTAL QUALITY AND
U.S. ENVIRONMENTAL PROTECTION AGENCY
This project has been funded wholly or in part by the United States Environmental
Protection Agency under assistance agreement (number) to Texas Commission on
Environmental Quality. The contents of this document do not necessarily reflect the
views and policies of the Environmental Protection Agency, nor does the EPA endorse
trade names or recommend the use of commercial products mentioned in this
document.
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. RECYCLED MATERIALS
1. When Performing Party procures $10,000 or more of a designated item in a
fiscal year for this Contract or did so in the preceding fiscal year, Performing
Party will select the item containing the highest percentage of recycled materials
practicable as required by 42 U.S.C. 6962 and 2 CFR 200.322. This requirement
does not apply to incidental purchases that are not a direct result of this
Contract. Designated items are listed by the EPA in the most recent
Consolidated Recovered Materials Advisory Notice. If the item with the highest
percentage of recycled materials does not meet performance standards or is not
available in a reasonable time or at a reasonable price, or the purchase of the
item would not allow a reasonable level of competition, Performing Party may
Texas Commission on Page 24 of 58
Environmental Quality
City of Fort Woth PIVI2.5
TCEQ Contract Number 582-19-90039
select a different item. With its invoice, Performing Party will report any
purchases to which this section applies to TCEQ and indicate the percentage of
recycled materials in the items purchased. If Performing Party does not select
the item containing the highest percentage of recycled materials, it will also
state the reason.
2. Paper for Reports to EPA. When directed to provide paper documents, 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 prepared on forms supplied by EPA.
ARTICLE 5. ACCOUNTING SYSTEMS AND PROPERTY MANAGEMENT
1. Performing Party shall have an accounting system which accounts for costs in
accordance with generally accepted accounting standards or principles and
complies with 2 CFR § 200.49. This system shall provide for the identification,
accumulation, and segregation of allowable and unallowable project costs
among projects.
2. Performing Party shall comply with the property management requirements of 2
CFR §§ 200.310 through 200.316.
ARTICLE 6. 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 2 CFR Part 200,
Subparts D and F, as appropriate.
2. In accordance with 2 CFR 200.S01(a), the Performing Party shall obtain a single
audit if it expends $750,000 or more a year in federal awards.
ARTICLE 7. SUSPENSIONAND DEBARMENT
Performing Party shall fully comply with Subpart C of 2 CFR Part 180, entitled
"Responsibilities of Participants Regarding Transactions Doing Business With Other
Persons," as implemented and supplemented by 2 CFR Part 1 S32. Performing Party is
responsible for ensuring that any lower tier covered transaction, as described in
Subpart B of 2 CFR Part 180, 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. Performing Party may access the System for
Award Management at: https://www.sam.aov/portal/SAM/#1.
ARTICLE 8. PROHIBITION ON USE OF FEDERAL FUNDS FOR LOBBYING AND
LITIGATION
1. 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. engage in the lobbying of the Federal
Government in connection with obtaining any federal contract, grant, or other
award, or in litigation against the United States unless authorized under existing
law.
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Environmental Quality
City of Fort Woth PM2.5
TCEQ Contract Number 582-19-90039
2. The Performing Party shall submit to the TCEQ the EPA Certification Regarding
Lobbying form and if applicable, the Disclosure of Lobbying Activities form. The
Performing Party must file a disclosure form at the end of each calendar quarter
in which there occurs any event that requires disclosure or that materially
affects the accuracy of the information contained in any disclosure form
previously filed.
3. 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 $10,000 and not more than $100,000 for each such expenditure.
ARTICLE 9. CIVIL RIGHTS OBLIGATIONS
1. In carrying out this agreement, the recipient must comply with:
a. Title VI of the Civil Rights Act of 1964, which prohibits discrimination
based on race, color, and national origin, including limited English
proficiency (LEP), by entities receiving Federal financial assistance.
b. Section 504 of the Rehabilitation Act of 1973, which prohibits
discrimination against persons with disabilities by entities receiving
Federal financial assistance; and
C. The Age Discrimination Act of 1975, which prohibits age discrimination
by entities receiving Federal financial assistance.
2. If the recipient is conducting an education program under this agreement, it
must also comply with:
a. Title IX of the Education Amendments of 1972, which prohibits
discrimination on the basis of sex in education programs and activities
operated by entities receiving Federal financial assistance.
3. If this agreement is funded with financial assistance under the Clean Water Act
(CWA), the recipient must also comply with:
a. Section 13 of the Federal Water Pollution Control Act Amendments of
1972, which prohibits discrimination on the basis of sex in CWA-funded
programs or activities.
4. Regulatory Requirements
a. The recipient agrees to comply with all applicable EPA civil rights
regulations, including:
L For Title IX obligations, 40 CFR Part 5; and
ii. For Title VI, Section 504, Age Discrimination Act, and Section 13
obligations, 40 CFR Part 7.
iii. As noted on the EPA Form 4700-4 signed by the recipient's
authorized representative, these regulations establish specific
requirements including maintaining compliance information,
establishing grievance procedures, designating a Civil Rights
Coordinator and providing notices of non-discrimination.
5. TITLE VI - LEP, Public Participation and Affirmative Compliance Obligation
a. As a recipient of EPA financial assistance, you are required by Title VI of
the Civil Rights Act to provide meaningful access to LEP individuals. In
implementing that requirement, the recipient agrees to use as a guide the
Office of Civil Rights (OCR) document entitled "Guidance to
Environmental Protection Agency Financial Assistance Recipients
Texas Commission on Page 26 of 58
Environmental Quality
City of Fort Wath PM2.5
TCEQ Contract Number 582-19-90039
Regarding Title VI Prohibition Against National Origin Discrimination
Affecting Limited English Proficient Persons." The guidance can be found
at http://www.epa.gov/civilrights/lepaccess.htm.
6. If the recipient is administering permitting programs under this agreement, the
recipient agrees to use as a guide OCR's Title VI Public Involvement Guidance
for EPA Assistance Recipients Administering Environmental Permitting
Programs. The Guidance can be found at
http://edocket.access.gpo.gov/2006/pdf/06-2 691.pdf.
7. In accepting this assistance agreement, the recipient acknowledges it has an
affirmative obligation to implement effective Title VI compliance programs and
ensure that its actions do not involve discriminatory treatment and do not have
discriminatory effects even when facially neutral. The recipient must be
prepared to demonstrate to EPA that such compliance programs exist and are
being implemented or to otherwise demonstrate how it is meeting its Title VI
obligations.
ARTICLE 10. DISADVANTAGED BUSINESS ENTERPRISES (DBEs)
1. The Performing Party shall not discriminate on the basis of race, color, national
origin or sex in the performance of this contract. The Performing Party shall
carry out applicable requirements of 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 or services procured to directly support the Work.
3. The Performing Party is required to make a good faith effort to include
Historically Underutilized Businesses (HUBs) or DBEs on any procurement for
subcontractors or suppliers/vendors for Work under this Contract.
4. The Performing Party must submit EPA Form 5700-52A on or before October 15
of each year of the Contract (http://www.epa.gov/osbp/pdfs/5700_52a.pdf). At
minimum, this form 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 for the HUB or DBE.
5. The Performing Party shall retain all records documenting compliance with good
faith efforts when performing under the EPA DBE program.
6. Before terminating a DBE for convenience, the Performing Party must notify
TCEQ in writing.
7. 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.
8. The Performing Party must pay its subcontractors for satisfactory performance
no more than 10 days from the Performing Party's receipt of payment from
TCEQ.
9. TCEQ's established fair share goals are as follows:
MBE GOAL( %) WBE GOAL %
Texas Commission on Page 27 of 58
Environmental Quality
City of Fort Woth PM2.5
TCEQ Contract Number 582-19.90039
Construction
7.34
10.60
Equipment
19.5 7
19.64
Services
12.98
23.70
Supplies
19.37
14.15
ARTICLE 11. DEMONSTRATION OF COMPETENCY
In accordance with EPA directive FEM 2012-02 Rev. 1, "Policy to Assure the
Competency of Organizations Generating Environmental Measurement Data Under
Agency -Funded Assistance Agreements," if the Work performed by the Performing
Party or any of its subcontractors under this Contract includes generating or using
environmental data through sample collection, field measurements and/or laboratory
analysis, then it must document and maintain certification demonstrating the
competency of individuals using or generating environmental data under this Contract.
Certification may include training records, certificates, or educational credentials.
ARTICLE 12. TRAFFICKING IN PERSONS
1. Prohibition Statement - Performing Party 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 use
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 Performing Party
using the standards and due process for imputing the conduct of an
individual to an organization that are provided in 2 CFR Part 180, "OMB
Guidelines to Agencies on Governmentwide Debarment and Suspension
(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: (1) implements section 106(8) 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.
ARTICLE 13. MISCELLANEOUS PROVISIONS
1. 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 2 CFR Part 1536. 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.
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Environmental Quality
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TCEQ Contract Number 582-19-90039
2. Hotel and Motel Fire Safety Act. Pursuant to 40 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 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 https://a-pi)s.usfa.fema.gov/hotel/
to see if a property is in compliance, or to find other information about the Act.
ARTICLE 14. FEDERAL FUNDING ACCOUNTABILITYAND TRANSPARENCYACT
(FFA TA) 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 170, 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. These elements are found on the attached, completed TCEQ Pass -Through
Funding Information and Federal Funding Accountability and Transparency Act
Reporting Form.
ARTICLE 15. CONSULTANT SALARY CAP
1. The salary rate (excluding overhead) paid to individual consultants retained by
the Performing Party is limited to the maximum daily rate for a Level IV of the
Executive Schedule, available at: https://www.oi)m.,qov/policy-data-
oversight/pay-leave/salaries-wages/, and adjusted annually.
2. This limit applies to consultation services of designated individuals with
specialized skills who are paid at a daily or hourly rate. This salary limit applies
unless the consultant was selected through a procurement process that
conforms to Subpart D of 2 CFR 200.
3. Under EPA's policy regarding payments to consultants under grants, consultants
are typically individuals who are experts with excellent qualifications and are
usually regarded as authorities or practitioners of unusual competence and skill
by other individuals engaged in the same profession.
ARTICLE 16. MANAGEMENT FEES
1. Management fees or similar charges in excess of the direct costs and approved
indirect rates are not allowable. The term "management fees or similar charges"
refers to expenses added to the direct costs in order to accumulate and reserve
funds for ongoing business expenses; unforeseen liabilities; or for other similar
costs which are not allowable under this assistance agreement. Management
fees or similar charges may not be used to improve or expand the project
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TCEQ Contract Number 582-19-90039
funded under this agreement, except to the extent authorized as a direct cost of
carrying out the scope of work.
ARTICLE 17. COST AND PRICE OF THIS AGREEMENT
The Performing Party must comply with 2 CFR §200.323. The Performing Party may
request a form from TCEQ to use when performing a cost or price analysis.
ARTICLE 18. CYBERSECUR17Y
1. Any connection between the Grantee's network or information technology
system and an EPA network or information technology system used to transfer
data under this agreement must be secure. A connection is a dedicated
persistent interface between the Grantee's network or information technology
system and EPA's network or information technology system for the purpose of
transferring information.
2. The Grantee will contact the EPA Project Officer (PO) and work with the
designated Regional/Headquarters Information Security Officer to ensure that
the connections meet EPA security requirements, including entering into
Interconnection Service Agreements as appropriate. Contact the TCEQ Grant
Manager for the EPA PO's contact information.
3. This condition does not apply to (1) transitory user -controlled connections, such
as website browsing, (2) manual entry of data by the Grantee into systems
operated and used by EPA's regulatory programs for the submission of
reporting and/or compliance data, or (3) Grantee's connections that use the
Environmental Information Exchange Network or EPA's Central Data Exchange.
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Environmental Quality
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Instructions on how to fill out the attached Federal Forms:
TCEQ Contract Number 582-19-90039
1. Certification Regarding Lobbying (EPA Form 6600-06)- Complete and return
with signed contract. Contains certifications about the use of Federal
appropriated funds in connection with lobbying. If at any time during the
course of the contract you have any federal lobbying to report, you must
provide a Disclosure Regarding Lobbying Form (SF -LLL) to the TCEQ Project
Representative, with quarterly updates. Note, this form is not attached, but may
be found online.
2. MBE/WBE Utilization Under Federal Grants and Cooperative Agreements (EPA
Form 5700-52A)— submitted annually on or before October 15. Detailed
instructions are on the EPA Form.
3. TCEQ Pass -Through Funding Information and Federal Funding Accountability
and Transparency Act Reporting Form- Completed prior to contract execution
and attached below.
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City of Fort Woth PM2.5 TCEQ Contract Number 582-19-90039
A United States OMB Control No. 2030-0020
`�. EPA ENVIRONMENTAL PROTECTION AGENCY Approval expires 06/30/2017
Washington, DC 20460
EPA Project Control Number
CERTIFICATION REGARDING LOBBYING
CERTIFICATION FOR CONTRACTS, GRANTS,
LOANS AND COOPERATIVE AGREEMENTS
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan, the entering
into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan, or cooperative
agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress in connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form -LLL,
"Disclosure Form to Report Lobbying," in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in'the
award documents for all sub -awards at all tiers (including sub -contracts, sub -grants, and
contracts under grants, loans, and cooperative agreements) and that all sub -recipients
shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by section 1352, title 31 U.S. Code. Any person who fails
to file the required certification shall be subject to a civil penalty of not less than $10,000 and not
more than $100,000 for each such failure.
Typed Name & Title of Authorized Representative
Signature and Date of Authorized Representative
The public reporting and recordkeeping burden for this collection of information is estimated to average 15 minutes 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.
EPA Form 6600-06 (Rev. 06/2014) Previous editions are obsolete.
Texas Commission on Page 32 of 58
Environmental Quality
City of Fort Woth PM2.5
TCEQ Contract Number 582-19-90039
�PM�Y.d by OMDDISCLOSURE OF LOBBYING ACTIVITIES
o1�s.ao�a
Complete this form to discinse lobbying activities pursuant to 31 U.S.C. 1352
(See reverse for public burden disclosure.)
1. Type of Federal Action:
2. Status of Federal Action:
3. Report Types
aa. contract
b.
El a. bld/offer/application
El a• Initial filing
grant
b Initial award
b. material change
c. d. cooperative agreementa
c, post -award
For Material Change Only:
e. loan guarantee
year quarter
f, loan insurance
date of last report
4. Name and Address of Reporting Entity:
S.. If Reporting Entity In No. 4 Is Subawardee, Enter Name
❑ Prime ❑ Subawardee
and Address of Prime:
Tier , if known:
Congressional District. if known:
Congressional District, if known:
B. Federal Department/Agency;
7. Federal Program Name/Description:
CFDA Number, if applicable:
a. Federal Action Number, if known:
9. Award Amount, if`knownt
f
10. a. Name and Address of Lobbying Entity
(if individual, last name, first name, M/1f
b. Individuals Performing Services (including address if
different from No. i0al
(last name, first name, Mp:
talftch continvArionIt-M-
r
11. Amount of Payment (check all that apply):
17. Type of Payment (check all that apply):
$ ❑ actual ❑ planned
❑ a. retainer
❑ b. one-time fee
13 c. commission
12. Form of Payment (check all that apply):
0 a. cash
❑ d. contingent fee
0 b. in-kind, specify: nature
0 e. deferred
❑ f. other) specify:
value
14. Orlef Description of Sewices Performed or to be Performed and Dales) of Service, including officer(s), employee(s),
or Member(s) contacted, for Payment Indicated In Item 11:
(attach Continuation
r In
15. Continuation Sheds) SF -LLL -A attached% O Yes
0 No
16. Wommion ,-W-M-d tl.syh tht. f.,., 1, —fhoru d by tltl. It U.s.c.
Signatures
t-euon 1112. TMI dM lute el IObbytnr &UM1W It a MAI*" roi oWnYtion
of fut upon wl%4d nNanw wu Olwd by 1M Uer above whon this
Print Nanse:
awe "'on— et -d. a .rn«d Ina. rtd. dacbrar M wp.,Y.d Pr.. - I m
31 U.S.C_ 13117. This Mdo,wwtlon will be npetld to tit Conp.0 .-..F
mnway etd MN b. mvaN.bf- For publk k"pectton. Any p"UM who t.N, to
NN tit -pulled lltclotl,to thtN M tublKl b . rMl prrt.hy M net Ittt than
Telephone Na: Date:
t n� .nd ,-w oa. tMn I wo.® b, .ach turn IaVha..
' ' • ' f tttllett
'F •f •..i. ?' '+� •. . li .. Standard Form - UL
7 .. . :.. .. ..... .. .• '!J '.... •t : Yi!•. ]� �>y,• _ y:-, Y .Y.'., ... , .. :. WRKIP
Texas Commission on Page 33 of 58
Environmental Quality
City of Fort Woth PM2.5 TCEQ Contract Number 582-19-90039
DISCLOSURE OF LOBBYING ACTIVITIES AppraVby OMS"
CONTINUATION SHEET
Reporting Enikyl Page of
AwMdmd ler road Moprodualon
funa.ed roan . w. &
Texas Commission on Page 34 of 58
Environmental Quality
City of Fort Wolh PM2.5
TCEQ Contract Number 582-19-90039
INSTRUCTIONS FOR COMPLETION OF SF -LLL, DISCLOSURE OF LOISBYING 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 materia( change ,to a previous filing, pursuant. to title '31 U.S.C.
section 13S2. The filing of a form is required for each payment or ment to make payment to any lobbying entity for
Influencing or attempting to Influence an officer or: employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection with a covered Federal action. Use the
S.FALL-A Continuation Sheet for additional information if the spate on the form is inadequate. Complete all Items that
apply for both the initial filing and material change report. Refer to the Implementing guidance published by the Office of
Management and Budget for additional information.
1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to Influence the
outcome of a covered Federal action.
2. Identify the status of the covered Federal action.
3. Identify the appropriate ,classification of this report. If this Is a foilowup report caused by a material change to the
information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last
previously submitted report by this reporting entity for this covered Federal action.
4. Enter the full name, .address, city, state and. zip code of the.reporting .entity. Include Congressional District, Jf
known. Check the.appropr(ate 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.
5. If the organization filing the report in item 4 checks "Subawardee", then enter the full name, address, city, state and
zip code of the. prime Federal recipient. Include Congressional District, if known.
6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational
level below agency name, if known. For example, Department of Transportation, United States Coast Guard.
7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full
Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans,. and loan
mi
comtments.
8. Enter the most appropriate Federal identifying number, available for the. Federal action identified in item T (e.g.,
Request for Proposal (RFP) number; Invitation for Bid (IFB) number, grant announcement number, the contract,
grant, or loan award number; the applicalioniproposal control nurnber'assigned by the Federal agency). Include
prefixes, e.g., "RFP -DE -90.001."
9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the
Federal amountnm
of the award/loacomitment for the prime entity Identified In item 4 or S.
10. (a) Enter the full name, address;. city, state and zip. code of the. lobbying entity engaged by the reporting entity
Identified in item 4 to influence the covered Federal action.
(b)Enter the full names of the individuals) performing vervlces, andinclude full address if different from 10 (a).
Enter Last Name, First Name, and Middle Initial (MI).
11. Enter the amount of compensation. paid or reasonably expected to. be paid by the renting entity (item .4) to the
lobbying entity (item 10). Indicate whether the payment has been made (actual) or Mull be made (planned). Check
all boxes that apply. It this Iva material change report, enter the cumulative amount of payment madeor planned
to be made.
12. Check the appropriate box(es). Check all boxes that apply. If payment is made through an in-kind contribution,
specify the:.nature and value of the In-kind payment.
13. Check the appropriate box(es). Check all boxes that apply. If other, specify nature..
14. Provide a specific and.detailed description of the services that the lobbyist has performed, or will beexpected to
perform, and the dates) of any services rendered. Include, all preparatory and telated activity, not -just time spent in
actual contact with Federal officials. Identify the Federal official(s)or emp!oyee(s) contacted or the *offlcer(s),
employee(s), or Member(s) of Congress that were contacted.
15. Check whether or not a SF -LLL -A Continuation Sheet(s) Is attached.
16. The certifying offidal shall sign and date .the form, print Mather name, flue, and telephone number.
Publicreportlng burden for this collection.of Information b.sstlnurted to sot gp.30 Onnres per response, Includbns dffw,lnx rautewir"
Irubucfldm, searchirng cxlstint data so m", Powe r g and mini "ng gigs data needed, and cornpteflrrg and sedow ng'dne cogection of
Inforrnaden. Send.comnutrta regardlr� do burden asUmate or any'ott� aspect d Ws taMectton of InfomraHon, Irrcludl�.srr�estioiru
For reducing 1lrh.Mrrden. to tin Ofte o/ Managarnernt and •uftet, Paperwprk Reduetlon prefect 4034IKo 6), Washingkwr D.C..20503.
Texas Commission on Page 35 of 58
Environmental Quality
OMB CONTROL NO. 2030-OD20
City of Fort Wolh PM2.5 TCEQ Contract NBRflW082-19-9003WI2014
APPROVAL EXPIRES: 08/d0/2017
U.S. ENVIRONMENTAL PROTECTION AGENCY
MBENVBE UTILIZATION UNDER FEDERAL GRANTS
AND. COOPERATIVE AGREEMENTS
PART I. (Reports are required even if no procurements are made during the reporting period.)
1A. FEDERAL FISCAL YEAR
18. REPORTING PERIOD (Check ALL appropriate boxes)
(Oct. 1 -Sep 30)
❑ 111 (Oct -Dec) ❑ 2nd (Jan -Mar) ❑ 3'd (Apr -Jun) In 411 (Jul -Sep)
❑ Semi -Annual (Oct -Mar) ❑ Semi -Annual (Apr -Sep)
20
❑ Annual
❑ Check if this Is the last report for the project (Project completed).
1C. REVISION OF A PRIOR REPORT? Y
BRIEFLY DESCRIBE THE REVISIONS YOU ARE MAKING:
or N Year;
Quarter.
2A. EPA FINANCIAL ASSISTANCE OFFICE ADDRESS (ATTN: DBE
3A. RECIPIENT NAME AND ADDRESS
Coordinator)
2B. EPA DBE COORDINATOR
2C. PHONE:
3B. RECIPIENT REPORTING CONTACT:
3C. PHONE:
Name:
Name:
E-mail:
Fax:
E-mail:
Fax:
4A. FINANCIAL ASSISTANCE AGREEMENT ID NUMBER
4B. FEDERAL FINANCIAL ASSISTANCE PROGRAM TITLE or CFDA
(SRF State Recipients, refer to Instructions for Completion of blocks
NUMBER:
4A, 5A and 5C.)
5A. TOTAL ASSISTANCE AGREEMENT AMOUNT
58. If NO procurement and NO accomplishments were made this reporting period (by the
(SRF State Recipients, refer to Instructions for Completion of blocks
recipients, sub -recipients, loan recipients, and prime contractors), CHECK and SKIP to Block
4A. 5A and 5C.)
No. 7. (Procurements are all expenditures through contract, order, purchase, lease or barter of
supplies, equipment, construction, or services needed to complete Federal assistance
EPA Share: $
programs. Accomplishments, in this context, are procurements made with MBEs and/or WBEs.
Recipient Share: $
5C. Total Procurements This Reporting Period
(Only include amount not reported in any prior reporting period)
Total Procurement Amount $ (Include total dollar values awarded by recipient, sub -recipients and SRF loan recipients,
Including MBE/WBE expenditures.)
5D.
Were sub -awards Issued under this assistance agreement? Yes_ No_ Were contracts issued under this assistance agreement ? Yes_ No_
5E. MBE/WBE Accomplishments This Reporting Period
Actual MBFJWBE Procurement Accomplished:
(Include total dollar values awarded by recipient, sub -recipients, SRF loan recipients and Prime Contractors.)
Construction Equipment Services Supplies Total
$MBE:
$WBE:
6, COMMENTS: (If no MBEJWBE procurements were accomplished during the reporting period, please explain what steps you are taking to achieve the
MBEANBE Program requirements specified in the terms and conditions of the Assistance Agreement.)
7, NAME OF RECIPIENT'S AUTHORIZED
TITLE
REPRESENTATIVE
8. SIGNATURE OF RECIPIENT'S AUTHORIZED
DATE
REPRESENTATIVE
Texas Commission on
Page 36 of 58
EPrEFOMAS7eo1e 41wi&Ilable electronically at htips://www.epa.gov/sites/production/files/2Oi4-Ograocumenis/epa form 5700 5za.par
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City of Fort Wolh PM2.5
Instructions:
A. General Instructions:
MBE/WBE utilization is based on 40 CFR Part 33. EPA
Form 5700-52A must be completed by recipients of
Federal grants, cooperative agreements, or other Federal
financial assistance which involve procurement of
supplies, equipment, construction or services to
accomplish Federal assistance programs.
Recipients are required to report 30 days after the end of
each federal fiscal quarter, semiannually, or annually, per
the terms and conditions of the financial assistance
agreement.
MBE/WBE program requirements, including reporting, are
material terms and conditions of the financial assistance
agreement,
B. Definitions:
Procurement is the acquisition through contract, order,
purchase, lease or barter of supplies, equipment,
construction or services needed to accomplish Federal
assistance programs.
A contract is a written agreement between an EPA
recipient and another party (also considered "prime
contracts") and any lower tier agreement (also considered
"subcontracts") for equipment, services, supplies, or
construction necessary to complete the project. This
definition excludes written agreements with another public
agency. This definition includes personal and
professional services, agreements with consultants, and
purchase orders.
A minority business enterprise (MBE) is a business
concern that is (1) at least 51 percent owned by one or
more minority individuals, or, in the case of a publicly
owned business, at least 51 percent of the stock is owned
by one or more minority individuals; and (2) whose daily
business operations are managed and directed by one or
more of the minority owners. In order to qualify and
participate as an MBE prime or subcontractor for EPA
TCEQ Contract Number 582-19-90039
recipients under EPA's DBE Program, an entity must be
properly certified as required by 40 CFR Part 33, Subpart
B.
U.S. citizenship is required. Recipients shall presume
that minority individuals include Black Americans,
Hispanic Americans, Native Americans, Asian Pacific
Americans, or other groups whose members are found to
be disadvantaged by the Small Business Act or by the
Secretary of Commerce under section 5 of Executive
order 11625. The reporting contact at EPA can provide
additional information.
A woman business enterprise (WBE) is a business
concern that is, (1) at least 51 percent owned by one or
more women, or, in the case of a publicly owned
business, at least 51 percent of the stock is owned by one
or more women and (2) whose daily business operations
are managed and directed by one or more of the women
owners. In order to qualify and participate as a WBE
prime or subcontractor for EPA recipients under EPA's
DBE Program, an entity must be properly certified as
required by 40 CFR Part 33, Subpart B.
Business firms which are 51 percent owned by minorities
or women, but are in fact managed and operated by non -
minority individuals do not qualify for meeting MBE/WBE
procurement goals, U.S. Citizenship is required.
Good Faith Efforts
A recipient is required to make the following good faith
efforts whenever procuring construction, equipment,
services, and supplies under an EPA financial assistance
agreement. These good faith efforts for utilizing MBEs
and WBEs must be documented., Such documentation is
subject to EPA review upon request:
1. Include of MBEs/WBEs on solicitation lists.
2. Assure that MBEs/WBEs are solicited once they
are identified.
3. Divide total requirements into smaller tasks to
permit maximum MBENVBE participation, where
feasible.
4. Establish delivery schedules which will encourage
MBENVBE participation, where feasible.
5. Encourage use of the services of the U.S.
Department of Commerce's Minority Business
Development Agency (MBDA) and the U.S. Small
Business Administration to identify MBEsNVBEs.
Texas Commission on Page 38 of 58
Environmental Quality
Quarterly
Reporting
Due Date
Semiannunl
Reporting
Due Date
Annual
Reporting
Due Date
Agreements
January 30,
awarded
April 30,
N/A
October
prior to May
July 30,
30
27, 2008
October 30
Agreements
awarded on
N/A
April 30,
October
or after May
October 30
30
27, 2008
MBE/WBE program requirements, including reporting, are
material terms and conditions of the financial assistance
agreement,
B. Definitions:
Procurement is the acquisition through contract, order,
purchase, lease or barter of supplies, equipment,
construction or services needed to accomplish Federal
assistance programs.
A contract is a written agreement between an EPA
recipient and another party (also considered "prime
contracts") and any lower tier agreement (also considered
"subcontracts") for equipment, services, supplies, or
construction necessary to complete the project. This
definition excludes written agreements with another public
agency. This definition includes personal and
professional services, agreements with consultants, and
purchase orders.
A minority business enterprise (MBE) is a business
concern that is (1) at least 51 percent owned by one or
more minority individuals, or, in the case of a publicly
owned business, at least 51 percent of the stock is owned
by one or more minority individuals; and (2) whose daily
business operations are managed and directed by one or
more of the minority owners. In order to qualify and
participate as an MBE prime or subcontractor for EPA
TCEQ Contract Number 582-19-90039
recipients under EPA's DBE Program, an entity must be
properly certified as required by 40 CFR Part 33, Subpart
B.
U.S. citizenship is required. Recipients shall presume
that minority individuals include Black Americans,
Hispanic Americans, Native Americans, Asian Pacific
Americans, or other groups whose members are found to
be disadvantaged by the Small Business Act or by the
Secretary of Commerce under section 5 of Executive
order 11625. The reporting contact at EPA can provide
additional information.
A woman business enterprise (WBE) is a business
concern that is, (1) at least 51 percent owned by one or
more women, or, in the case of a publicly owned
business, at least 51 percent of the stock is owned by one
or more women and (2) whose daily business operations
are managed and directed by one or more of the women
owners. In order to qualify and participate as a WBE
prime or subcontractor for EPA recipients under EPA's
DBE Program, an entity must be properly certified as
required by 40 CFR Part 33, Subpart B.
Business firms which are 51 percent owned by minorities
or women, but are in fact managed and operated by non -
minority individuals do not qualify for meeting MBE/WBE
procurement goals, U.S. Citizenship is required.
Good Faith Efforts
A recipient is required to make the following good faith
efforts whenever procuring construction, equipment,
services, and supplies under an EPA financial assistance
agreement. These good faith efforts for utilizing MBEs
and WBEs must be documented., Such documentation is
subject to EPA review upon request:
1. Include of MBEs/WBEs on solicitation lists.
2. Assure that MBEs/WBEs are solicited once they
are identified.
3. Divide total requirements into smaller tasks to
permit maximum MBENVBE participation, where
feasible.
4. Establish delivery schedules which will encourage
MBENVBE participation, where feasible.
5. Encourage use of the services of the U.S.
Department of Commerce's Minority Business
Development Agency (MBDA) and the U.S. Small
Business Administration to identify MBEsNVBEs.
Texas Commission on Page 38 of 58
Environmental Quality
City of Fort Woth PM2.5
6. Require that each party to a subgrant,
subagreement, or contract award take the good
faith efforts outlined here.
C. Instructions for Part I:
1a. Specify Federal fiscal year this report covers. The
Federal fiscal year runs from October 1 st through
September 30th (e.g. November 29, 2010 falls
within Federal fiscal year 2011)
1b. Check applicable reporting box, quarterly,
semiannually, or annually. Also indicate if this is
the last report for the project.
1c. Indicate if this is a revision to a previous year,
half-year, or quarter, and provide a brief
description of the revision you are making.
2a -c. Please refer to your financial assistance
agreement for the mailing address of the EPA
financial assistance office for your agreement.
The "EPA DBE Reporting Contact' is the DBE
Coordinator for the EPA Region from which your
financial assistance agreement was originated.
For a list of DBE Coordinators please refer to the
EPA OSBP website at www.epa.gov/osbp. Click
on `Regional Contacts" for the name of your
coordinator.
3a -c. Identify the agency, state authority, university or
other organization which is the recipient of the
Federal financial assistance and the person to
contact concerning this report.
4a. Provide the Assistance Agreement number
assigned by EPA. A separate report must be
submitted for each Assistance Agreement.
"For SRF recipients: In box 4a list numbers for
ALL OPEN Assistance Agreements being
reported on this form. Please note that although
the New DBE Rule (which took effect May 27,
2008) revised the reporting frequency
requirements from quarterly to semiannually, that
change only applies to agreements awarded
AFTER the New DBE Rule took effect.
Therefore, SRF recipients may either continue to
report activity for all Agreements on one form on
a quarterly basis until the last award that was
made prior to the New DBE Rule has been closed
out; OR, the recipient may split the submission of
SRF reports into quarterly reports for Agreements
awarded prior the New DBE Rule, and
semiannually for the awards made after the New
DBE Rule.
TCEQ Contract Number 582-19-90039
4b. Refer back to Assistance Agreement document
for this information.
5a. Provide the total amount of the Assistance
Agreement which includes Federal funds plus
recipient matching funds and funds from other
sources.
*For SRF recipients only: SRF recipients will not
enter an amount in 5a. Please leave 5a blank.
5b. Self-explanatory.
5c. Provide the total dollar amount of ALL
procurements awarded this reporting period by
the recipient, sub -recipients, and SRF loan
recipients, Including MBE/WBE expenditures.
For example: Actual dollars for procurement from
the procuring office; actual contracts let from the
contracts office; actual goods, services, supplies,
etc., from other sources including the central
purchasing/ procurement centers).
"NOTE: To prevent double counting on line 5C, if
any amount on 5E is for a subcontract and the
prime contract has already been included on Line
5C in a prior reporting period, then report the
amount going to MBE or WBE subcontractor on
line 5E, but exclude the amount from Line 5C. To
include the amount on 5C again would result in
double counting because the prime contract,
which includes the subcontract, would have
already been reported.
5d. State whether or not sub -awards and/or
subcontracts have been issued under the
assistance agreement by indicating "yes" or "no".
5e. Where requested, also provide the total dollar
amount of all MBE/WBE procurement awarded
during this reporting period by the recipient, sub -
recipients, SRF loan recipients, and prime
contractors in the categories of construction,
equipment, services and supplies. These
amounts include Federal funds plus recipient
matching funds and funds from other sources.
IJ
Texas Commission on Page 39 of 58
Environmental Quality
"For SRF recipients only: In 5c please enter the
total procurement amount for the quarter, or
semiannual period, under all of your SRF
Assistance Agreements. The figure reported in
this section is not directly tied to.an individual
Assistance Agreement identification number.
(SRF state recipients report state
procurements in this section)
If there were no MBENVBE accomplishments this
reporting period, please briefly explain what
City of Fort Woth PM2.5
specific steps you are taking to achieve the
MBE/WBE requirements specified in the terms
and conditions of the Assistance Agreement.
7. Name and title of official administrator or
designated reporting official.
Signature, month, day, and year report submitted
D. Instructions for Part II:
For each MBE/WBE procurement made under this
assistance agreement during the reporting period, provide
the following information:
1. Check whether this procurement was made by
the recipient, sub-recipient/SRF loan recipient, or
the prime contractor.
2. Check either the MBE or WBE column. If a firm
is both an MBE and WBE, the recipient may
choose to count the entire procurement towards
EITHER its MBE or WBE accomplishments. The
recipient may also divide the total amount of the
procurement (using any ratio it so chooses) and
count those divided amounts toward its MBE and
WBE accomplishments. If the recipient chooses
to divide the procurement amount and count
portions toward its MBE and WBE
accomplishments, please state the appropriate
amounts under the MBE and WBE columns on
the form. The combined MBE and WBE
amounts for that MBE/WBE contractor must
not exceed the "Value of the Procurement'
reported in column #3
3. Dollar value of procurement.
4. Date of procurement, shown as month, day, year.
Date of procurement is defined as the date the
contract or procurement was awarded, not the
date the contractor received payment under the
awarded contract or procurement, unless
payment occurred on the date of award. (Where
direct purchasing is the procurement method,
the date of procurement is the date the
purchase was made)
5. Using codes at the bottom of the form, identify
type of product or service acquired through this
procurement (e.g., enter 1 if construction, 2 if
supplies, etc).
6. Name, address, and telephone number of
MBE/WBE firm.
-This data is requested to comply with provisions
mandated by: statute or regulations (40 CFR Part 30, 31,
TCEQ Contract Number 582-19-90039
and 33); OMB Circulars; or added by EPA to ensure
sound and effective assistance management. Accurate,
complete data are required to obtain funding, while no
pledge of confidentiality is provided.
The public reporting and recording burden for this
collection of information is estimated to average I hour per
response annually. Burden means the total time, effort,
or financial resources expended by persons to generate,
maintain, retain, or disclosure or provide information to' or
for a Federal agency. This includes the time needed to
review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting,
validating, and verifying information, processing and
maintaining information, and disclosing and providing
information; adjust the existing ways to comply with any
previously applicable instructions and requirements; train
personnel to be able to respond to a collection of
information; search data sources; complete and review
the collection of information; and transmit or otherwise
disclose the information. An agency may not conduct or
sponsor, and a person is not required to respond to, a
collection of information unless it displays a currently valid
OMB control number.
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, OPPE
Regulatory Information Division, U.S. Environmental
Protection Agency (2136), 1200 Pennsylvania Avenue,
NW, Washington, D.C. 20460. Include the OMB Control
number in any correspondence. Do not send the
completed form to this address.
Texas Commission on Page 40 of 58
Environmental Quality
City of Fort Woth PM2.5
TCEQ Contract Number 582-19-90039
Texas Commission on Environmental Quality
Pass - Through. Funding Information and Federal Funding Accountability and
Transparency Act Reporting Form
(see attached instructions and return completed form with signed copies of contract)
The purpose of the form is to identify this contract as a subaward using federal funds and to report the
obligation of federal funds.
1) Recipient Name City of Ft. Worth
2) DBA Name City of Ft. Worth
3) DUNS Number 073170458 _1 4) DUNS Number+ 4
5)Address 200 Texas. Street
City Ft. Worth I State Texas Zip Code
76102
Texas County Tarrant Out of State County
-�
6) Parent DUNS Number 073170458
7) Primary site where the work will be performed 200 Texas Street
City Ft. Worth -� State Texas Zip Code
76102
Texas County Tarrant Out of State County
8) a) In your business or organization's previous fiscal year did your business or organization (including parent
El Yes
organization, all branches, and all of iliates world wide receive 80 percent or more in annual gross revenues
from U.S, federal contracts, subcontracts, loans, grants, sub -grants, and/or cooperative agreements?
® No
IfNo, skip to Question No. 9and 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
❑ Yes
from U.S. federal contracts, subcontracts, loans, grants, sub -grants, and/or cooperative agreements?
❑ No
If No, skip to Question No. 9 and complete remaining questions.
c) If Yes, complete link to SEC: http://www.sec.gov/
d) If not, then provide the following: Names and compensation of top 5 highly compensated officers, If applicable.
(fhls will be the same compensation information which appears in recipient's System for Award Management (SAM) profile.)
TCEQ-20589- 3Clj%RfRflAV67PSA Page 41 of 58 Page 1 of 4
Environmental Quality
City of Fort Woth PM2.5 TCEQ Contract Number 582-19-90039
3 >_ Texas Commission on Environmental Quality
Pass - Through Funding Information and Federal Funding Accountability and
Transparency Act Reporting Form (Continued)
TCEC% (See attached instructions and return completed form with signed copies of contract)
Name Amount
Name Amount
Name Amount
Name Amount
Name Amount
9) Recipient's Contract Number 582-19-90039 12) Preparer's Phone Number +1 (817) 392-5462
10) Form Preparer's Name Anthony Williams 13) Date Form Completed Nov 30, 2017
11) Preparer's Title Environmental Supervisor
TCEQ To Complete - fill in all boxes or indicate N/A or TBD
Information marked TBD will be subsequently provided by TCEQ.
14) TCEQ Contract Number 582-19-90039
15) TCEQ Amendment Number or Work Order Number (if applicable) N/A
16) Contract Effective Date Sep 1, 2018 1
17).Amendment or Work Order or Notice to Proceed Effective Date N/A
18) USAS Grant Number 225017 19) Federal Award Identification No,PM 01F30201
20) Federal Award Date Apr 24, 20.17 21) Federal Grant Start Date Apr 1, 2017
22) CFDA Program Number 166.034 123) CFDA Program Title IPM2.5
24) Federal Awarding Agency EPA 25) Amount Obligated [20,737.99
(this action) $
26) Total Amount Obligated from Federal Award $ 20,737.99
27) Project Description
Monitoring Division currently contracts with the City of fort Worth will continue to
rate and maintain five continuous ambient monitoring stations (CAMS 0017, CAMS
1, CAMS 0075, CAMS 0310, and CAMS 1053) in Arlington, Eagle Mountain Lake, and
Worth, Texas.
28) TCEQ Preparer's Name Julle Vandenberg
TCEQ-20589- UU dated December 2015 Page 2 of 4
TRxas Commission on Page 42 of 58
Environmental Quality
City of Fort Woth PM2.5
TCEQ Contract Number 582-19-91x!38
Texas Commission on Environmental Quality
Pass - Through Funding Information and Federal Funding Accountability and
Transparency Act Reporting Form (Continued)
The following are EXEMPT from this form:
• Vendors providing goods or services (See 2 CFR § 200.330)
• Individuals acting as a natural person (i.e., not owning or operating a. business or non-profit organization in his or her name)
• Federal Agencies
If you believe your entity is qualified for an additional exemption for the following reasons, please notify your TCEQ Project
Representative. (See 2 CFR § 25.110)
• Disclosing the entity would compromise classified information, national security, or jeopardize the personal safety of the
entity's clients.
• Foreign entity applying for or receiving an award or subaward for a project or program performed outside the United States
and valued at less than $25,000.
1) The name of the recipient organization that corresponds with the recipient's Data Universal Numbering
System (DUNS) which appears in the System for Award Management (SAM) profile.
2) The "doing -business -as" name of the recipient's organization which corresponds with the recipient's DUNS
which appears in the SAM profile.
3) The recipient's organization's 9 -digit DUNS number.
4) The +4 extension to the DUNS number created by registrants in SAM when there is a need for more than one
bank / Electronic Funds Transfer (EFT) account for a location.
5) Address where the recipient's organization is. located which corresponds with a SAM profile.
6) The recipient's parent organization's 9 -digit DUNS number which corresponds with the parent SAM 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 worldwide) receive 8o 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, skip 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 worldwide) 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, skip 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, all branches, and all.
affiliates worldwide) through periodic reports filed under section (13(a) or i5(d) of the Securities Exchange
Act of 1.934 X15 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).
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 recipient's SAM profile.)
9) Identifying contract number assigned by the recipient for tracking.
io) Identify the form preparer's name.
11) Identify the form preparer's title.
12) Identify the form preparer's phone number.
13) Date form is completed.
TCEQ-20589-U da od.Decer�ber2015 Page 3 of 4
NUX s t OmmlSSlon on Page 43 of 58
Environmental Quality
City of Fort Woth PM2.5
TCEQ Contract Number 582-19-90039
Texas Commission on Environmental Quality
Pass - Through Funding Information and Federal Funding Accountability and
Transparency Act Reporting Form Instructions (Continued)
TCEQ to Complete - Each time federal funds are obligated, a form must be completed for
each federal grant per contract or contract amendment.
14) Identify TCEQ's contract number.
15) Identify TCEQ's Amendment number or Work Order number (if applicable).
16) The date the contract is effective.
17) The date the Amendment, Work Order, or Notice to Proceed is effective.
18) USAS Grant Number.
19) Federal Award Identification Number (FAIN).
20) Identify date federal award signed by authorized official of federal awarding agency.
21) Identify start date of federal grant.
22) The program number associated with the published description of federal assistance program in the
Catalog of Federal Domestic Assistance (CFDA).
23) The CFDA program name.
24) Name of Federal Awarding Agency.
25) Dollar amount of Federal funds obligated by this action.
26) Total dollar amount of Federal funds obligated under this contract - only for the grant indicated above.
27) Project Description (The description should capture the overall purpose of the contract and/or, if this is
an umbrella contract describe the Work Order activity.)
28) Identify TCEQ's form preparer's name.
WICI-201IMi991WrflSIMAIM15 Page 44 of 58 Page 4 of 4
Environmental Quality
City of Fort Wolh PM2.5
TCEQ Contract Number 582-19-90039
General Terms and Conditions
Texas Commission on Page 45 of 58
Environmental Quality
City of Fort Woth PM2.5
TCEQ Contract Number 582-19-90039
GENERAL TERMS AND CONDITIONS
Cooperative Reimbursement Contract
for State Agencies and Local Governments
1. CONTRACT PERIOD
I.I. Contract Period. The Contract begins on the Effective Date and ends on the
Expiration Date as 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 Fiscal
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 agreement by both parties.
1.3. Extensions. TCEQ may by unilateral written amendment extend the Expiration
Date for a period of up to 90 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 Contract Period.
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 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.
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 funds 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.
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.
Texas Commission on Page 46 of 58
Environmental Quality
City of Fort Woth PM2.5
TCEQ Contract Number 582-19-90039
3.2 UGMS. Allowable Costs are restricted to costs that comply with the Texas
Uniform Grant Management Standards (UGMS) and applicable state and federal
rules and law. 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 Party shall invoice TCEQ to request
reimbursement for its Allowable Costs for performing the Scope of Work.
Performing Party's invoice shall conform to all reimbursement requirements
specified by TCEQ.
4.2. Conditional Payments. Reimbursements are conditioned on the Scope of Work
being performed in compliance with the Contract. Performing Party shall return
payment to TCEQ for either overpayment or activities undertaken that are not
compliant with the Scope of Work. This does not limit or waive any other TCEQ
remedy.
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.
4.5. State agencies/Institutions of Higher education. If the Contractor is a State
agency or institution of higher education payments must be made via
interagency transaction voucher (ITV), please provide a Recurring Transaction
Index (RTI) number on the face of the invoice OR if payments are to be
deposited into a local bank account, the following statement must be placed on
the face of the invoice: "Funds to be deposited into local bank account." For
additional information, please refer to the Texas Comptroller's Accounting
Policy Statement (APS) 014.
5. FINANCIAL RECORDS, ACCESS AND AUDITS
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 audit or investigation in
connection with those funds. Performing Party further agrees to fully cooperate
with the State Auditor's Office or its successor in the conduct of the audit or
investigation, including providing all records requested. Performing Party shall
ensure that this clause concerning the 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 reimbursement request.
Texas Commission on Page 47 of 58
Environmental Quality
City of Fort Woth PM2.5 TCEQ Contract Number 582-19-90039
6. PERFORMING PARTY'S RESPONSIBILITIES
6.1 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 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 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 the Scope of Work under a direct or indirect
contract with Performing Party shall be considered to 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 Majeure or act of TCEQ).
8. CONFLICT OF INTEREST
Performing Party shall have a policy governing disclosure of actual and potential conflicts of
interests. Specifically, for work performed under this Contract by Performing Party or any
related entity or individual, Performing Party shall promptly disclose in writing to TCEQ any
actual, apparent, or potential conflicts of interest, including but not limited to disclosure of:
i. Any consulting fees or other compensation paid to employees, officers, agents of
Performing Party, or members of their immediate families, or paid by subcontractor
or subrecipients; or
u. Any organizational conflicts of interest between Performing Party and its
subcontractors or subrecipients under a subaward.
No entity or individual with any actual, apparent, or potential conflict of interest will take
part in the performance of any portion of the Scope of Work, 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
Texas Commission on Page 48 of 58
Environmental Quality
City of Fort Woth PM2.5
TCEQ Contract Number 582-19-90039
whether a conflict exists, and that a conflict of interest is grounds for termination of this
Contract.
9. DATA AND QUALITY
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 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 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
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 30 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 -wide
license to reproduce, publish, otherwise use, or modify such intellectual
property and associated user documentation, and to authorize others to
reproduce, publish, otherwise use, or modify such intellectual property for
TCEQ non-commercial purposes, and other purposes of the State of Texas.
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
Texas Commission on Page 49 of 58
Environmental Quality
City of Fort Woth PM2.5
TCEQ Contract Number 582-19-90039
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.
11.2 Indemnification. TO THE EXTENT AUTHORIZED BY LAW, THE PERFORMING
PARTY SHALL REQUIRE ALL CONTRACTORS PERFORMING CONTRACT
ACTIVITIES ON BEHALF OF PERFORMING PARTY TO INDEMNIFY, DEFEND, AND
HOLD HARMLESS THE TCEQ AND PERFORMING PARTY AND THEIR OFFICERS,
AND EMPLOYEES, FROM AND AGAINST ALL LOSSES, LIABE ITIES, DAMAGES,
AND OTHER CLAIMS OF ANY TYPE ARISING FROM THE 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 BREACH 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 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.
12.2 Termination 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
13.1 Payment as a Release. Neither payment by TCEQ nor any other act or omission
other than an 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
Texas Commission on Page 50 of 58
Environmental Quality
City of Fort Woth PM2.5
TCEQ Contract Number 582-19-90039
this Contract. In the event of Performing Party's nonconformance, TCEQ may
do one or more of the following:
13.2.1. Issue notice of nonconforming performance;
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;
13.2.4. Suspend all or part of the Contract Activities or payments, or both, pending
accepted revision of the nonconformity;
13.2.5. 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. SOVEREIGN IMMUNITY
The parties agree that this Contract does not waive any sovereign immunity to which either
party is entitled by law.
15. 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.
16. CONTRACT INTERPRETATION
16.1 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).
16.2 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.
16.3 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
Texas Commission on Page 51 of 58
Environmental Quality
City of Fort Woth PM2.5
TCEQ Contract Number 582-19-90039
by first class mail, facsimile transmission, email, or other commercially
accepted means.
16.4 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.
16.5 State, Federal Law. This Contract is governed by, and interpreted under the
laws of the State of Texas, as well as applicable federal law.
16.6 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 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.
16.7 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 by law. No
assignment will release or discharge the Performing Party from any duty or
responsibility under the Contract.
16.8 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.
16.9 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.
16.10 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 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.
16.11 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.
16.12 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.
16.13 Accessibility. All electronic content and documents created as deliverables
under this Contract must meet the accessibility standards prescribed in 1 Texas
Administrative Code sections 206.50 and 213 for state agency web pages, web
content, software, and hardware, unless TCEQ agrees that exceptions or
exemptions apply.
Texas Commission on Page 52 of 58
Environmental Quality
City of Fort Wolh PM2.5
TCEQ Contract Number 582-19-90039
Notices, Project Representatives,
and Records Location
Texas Commission on Page 53 of 58
Environmental Quality
City of Fort Woth PM2.5
TCEQ Contract Number 582-19-90039
NOTICES, PROJECT REPRESENTATIVES AND RECORDS LOCATION
CONTRACT NO. 582-19-90039
PROJECT TITLE: AIR MONITORING STATIONS IN FORT WORTH
1. Representatives. The individual(s) named below are the representatives of TCEQ and Performing
Party. They are authorized to give and receive communications and directions on behalf of the
TCEQ and the Performing Party as indicated below. All communications including official contract
notices must be addressed to the appropriate representative or his or her designee.
2. Changes in Representatives. Either party may change its representative by unilateral amendment.
3. TCEQ Representatives
TCEQ CONTRACT SPECIALIST
(for Contractual Matters)
Julie D. VandenBerg
Contract Specialist
Title
Texas Commission on Environmental
Quality
P.O. Box 13087
MC -165
Austin, Texas 78711-3087
Telephone No. (512) 239-1958
Facsimile No. (512) 239-1605
4. Performing Party Representatives.
For Contractual Matters
Anthony Williams
Project Manager
200 Texas Street
Fort Worth, TX 76102
Telephone No. (817) 392-5462
TCEQ PROJECT MANAGER
(for Technical Matters)
Neal Penney
Protect Manager
Title
Texas Commission on Environmental
Quality
2309 Gravel Drive
MC -1104
Fort Worth; Texas 76118-6951
Telephone No. (817) 588-6865
Facsimile No. (817) 588-5700
For Technical Matters
John Dahlem
Senior Environmental Specialist
200 Texas Street
Fort Worth, TX 76102
Telephone No. (817) 999-3331
5. Invoice Submittal. Invoices must be submitted to the TCEQ Contract Manager, unless another
recipient is identified below:
® TCEQ Project Manager / ❑ TCEQ Disbursements Section / ❑ Other:
6. 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:
200 Texas Street
Fort Worth, TX 76102
Texas Commission on Page 54 of 58
Environmental Quality
City of Fort Wolh PM2.5
TCEQ Contract Number 582-19-90039
Attachment A:
Release of Claims
(Must be returned with last invoice per General Term and Condition Section 4.4)
Texas Commission on Page 55 of 58
Environmental Quality
City of Fort Woth PM2.5
TCEQ Contract Number 582-19-90039
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
Release of Claims
------------------(Contractor) releases the Texas Commission on Environmental
Quality (TCEQ), its officers, agents, and employees from all claims arising out of or
relating to TCEQ Contract Number 582-19-90039, except for Contractor's final invoice
in the amount of $------------ and retainage withheld by TCEQ in the amount of $
-------------- Contractor releases any and all liens related to the Contract, and
relinquishes any right it may have to place liens related to the Contract. Contractor
warrants that it has completed all Work described in the Contract.
Executed on this --------- day of ---------------, 20----.
By: --------
(signature)
(name)
(title)
Texas Commission on Page 56 of 58
Environmental Quality
City of Fort Wolh PM2.5
TCEQ Contract Number 582-19-90039
Attachment B:
Budget Revision Request Form
Texas Commission on Page 57 of 58
Environmental Quality
City of Fort Wath PM2.5
TCEQ Contract Number 582-19-90039
BUDGET REVISION REQUEST FORM
Purpose: To document recipient organization's proposed budget changes to ensure project deliverables are met and fiscal accountability.
Prior TCEQ review and approval is required before incurring specific costs resulting in cumulative transfers of more than 10% of the total
budget.
Instructions: Complete 1. - 8. The spreadsheet will total the amounts in 9., 1., and k.
1. Recipient Organization (Name & Complete Address Including Zip Code):
2. Grant/ Contract Title:
3. Payee Identification No.:
4. TCEQ Contract No.:
S. Total Project/ Grant Period:
G. Budget Categories:
7. Approved Budget
8. Change Requested (+ or -)
9. New or Revised Budget
a. Personnel/Salaries
b. Fringe Benefits
c. Travel
d. Supplies
e. Equipment
f. Contractual
g. Construction
h. Other
i. Total Direct Costs (sum a - h)
j. Indirect Costs ( ___ %x$ ----- Salary)
k.Total (sum i & J)
Justification (Attach additional sheets, if necessary):
Budget Revision Request must contain all signatures to be approved/valid
Signature of Recipient's Representative Date Type or Printed Name and Title
Signature of TCEQ Project Manager Date Type or Printed Name and Title
Signature of TCEQ Contract Manager Date Type or Printed Name and Title
Texas Commisslon on Page 58 of 58
Environmental Quality
Contract compliance Manager:
By signing.-this,docurneq, I acknowledge that I arrithe person responsible, for, the rponitolring.
and administration. 'of this contract, . Including ensuring all performance And reporting
re.qu Irements.
Williams
NAME
Environmental Supervisor
TITLE
0' This form ls'N/A as No, Cityfunds Are Associated with this Contract
Printed Name Signature
10/22/2018 M&C - Council Agenda
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 9/25/2018 - Ordinance No. 23420-09-2018
DATE: Tuesday, September 25, 2018 REFERENCE NO.: **C-28862
LOG NAME: 23TCEQ PM 2.5 CONTRACT FY19
SUBJECT:
Authorize Acceptance and Execution of the Texas Commission on Environmental Quality Grant Agreement
in an Amount Not to Exceed $71,101.68 for Ambient Air Monitoring Operations, Apply Indirect Costs at the
Approved Percentage Rate and Adopt Appropriation Ordinance (COUNCIL DISTRICTS 2, 3, and 5)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the acceptance and execution of the Environmental Quality Grant Agreement for ambient air
monitoring operations in an amount not to exceed $71,101.68 for a one year period starting September 1,
2018 through August 31, 2019;
2. Apply the indirect cost rate of 12.66 percent in accordance with the terms of the grant agreement; and
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
grants fund (21001) in an amount not to exceed $71,101.68.
DISCUSSION:
Since Fiscal Year 1999-2000, the Texas Commission on Environmental Quality (TCEQ) has contracted
with the city of Fort Worth for operation and maintenance of the monitoring equipment provided by the
TCEQ for five continuous air monitoring stations. The location of each station is as follows:
Station
Address
Equipment
Arlington Municipal Airport
5000 South Collins Street
1 PM 2.5 Monitor
Eagle Mountain Lake
14290 Morris Dido Newark Road
1 NOx Monitor
Fort Worth California
Parkway North
1198 California Parkway North
1 PM 2.5 Monitor
Haws Athletic Center
600 Congress Street
2 PM 2.5 Monitors
Keller
Federal Aviation Administration (FAA)
site off Alta Vista Road
1 NOx Monitor
The above monitors are located in COUNCIL DISTRICTS 2, 3, and 5.
The grant contract period will be from September 1, 2018 through August 31, 2019 with a not to exceed
amount of $71,101.68 for reimbursement of expenses to the city with the option to renew the initial
contract for three 12 -month periods upon written consent of both parties by future amendment.
Indirect costs will be charged and collected in accordance with the contractual rate.
There is no local match requirement for this grant.
This contract will be with a governmental entity, state agency or public institution of higher education:
Texas Commission on Environmental Quality.
http://apps.cfwnet.org/ecouncil/printmc.asp?id=26145&print=true&DocType=Print 1/2
10/22/2018
FISCAL INFORMATION / CERTIFICATION:
MSEC - Council Agenda
The Director of Finance certifies that upon approval of the above recommendations, and adoption of the
attached appropriations ordinance, funds will be available in the Grants Operating Fund, as appropriated.
Funds will be received on a reimbursement basis from the Grantor after payment of expenses from the
City as outlined in the executed grant agreement.
FUND IDENTIFIERS (FIDs):
TO
Fund
DepartmentlAccounj
Departmentccoun�Prograi
Project
Program
ctivity
Budget
Reference #
mount
mount
ID
ID
1A
ID
Year
(Chartfield 2)
Year
FROM
CERTIFICATIONS:
Submitted for City Manager's Office by_ Valerie Washington (6199)
Originating Department Head: Brandon Bennett (6345)
Additional Information Contact: Cody Whittenburg (5455)
ATTACHMENTS
1.20180409 - PM25 Contract - FY19 -Ordinance. pAf (CFW Internal)
2. Contract Manager Signature Page.pdf (CFW Internal)
3. Final docs -582-19-90039 - Contract - Final 030218 (2),pdf (CFW Internal)
http://apps.cfwnet.org/ecounciVprintmc.asp?id=26145&pdnt=true&DocType=Print 2/2
Fund
Departmentccoun�Prograi
Project
ctivit
Budget
Reference #
mount
ID
1A
ID
Year
I (Chartfield 2)
CERTIFICATIONS:
Submitted for City Manager's Office by_ Valerie Washington (6199)
Originating Department Head: Brandon Bennett (6345)
Additional Information Contact: Cody Whittenburg (5455)
ATTACHMENTS
1.20180409 - PM25 Contract - FY19 -Ordinance. pAf (CFW Internal)
2. Contract Manager Signature Page.pdf (CFW Internal)
3. Final docs -582-19-90039 - Contract - Final 030218 (2),pdf (CFW Internal)
http://apps.cfwnet.org/ecounciVprintmc.asp?id=26145&pdnt=true&DocType=Print 2/2