HomeMy WebLinkAboutContract 40719GTY SECRETARY
CONTRACT NO.
Texas Commission on Environmental Quality
Intergovernmental Cooperative Reimbursement Agreement
with
Federal, State and Local Governments Cl" Agencies
CONTRACT SIGNATURE PAGE
Contract Name
PM2.5 Monitoring
582-1 1 -86421
Contract Number
Performing Party
City of Fort Worth
17560005286001
Performing Party Identification Number
Maximum TCEQ Obligation:
$ 30,712.66
Effective Date: 9/1/10 or Date of last
Expiration Date: 8/31/11
signature, whichever is later.
The Texas Commission on Environmental Quality (TCEQ), an agency of the State of Texas, and the named Performing Party, a governmental
body, agency, or political subdivision of: the United States, the State of Texas, or another State, enter this agreement (Contract) to
cooperatively conduct authorized governmental functions and activities under the laws of
the State of Texas, including, without limitation, the
Interagency Cooperation Act, the
Interlocal Cooperative Act, and Texas Water Code §§ 5.124 and 5.229. The Parties agree: to be effective, the
Contract must be signed by an
authorized official of the TCEQ and the Performing Party; as
authorized by TCEQ, Performing Party will conduct
Contract Activities as part of its
own authorized governmental functions and TCEQ will reimburse Allowable Costs subject to the Texas Uniform
Grant Management Standards
and this Contract; the Performing Party is not a vendor of goods and services under Texas Government Code
Chapter 2251, therefore, no interest is applicable; and the Contract may be terminated by
TCEQ for its own convenience with 30 days written
notice.
Parties to the Contract:
Texas Commission on Environmental
(Performing Party)
Quality (TCEQ)
City of Fort Worth
By (Authorized Signature)
Printed Name:
David W. Bower, P.G.
Fernando Costa
Title:
Director, Field Operations Support
Assistant City Manager
Division
Date of Signature:
Contract Manager Name
Kristin Bourdon
T. C. Michael
Contact Numbers
512/239-0883
817-392-5455
Procurement and Contracts
Representative
Printed Name
Alfred Chaney
Date
ii`;IALRECI
Version: 01/16/2008
CITY SECRETARY
FT. WORTH, TX
07-22-10 P02:50 IN
Texas Commission on Environmental Quality
Contract 582-1146421
APPROVED AS TO FORM &LEGALITY:
Title: Assistant City Attorney
ATTEST:
Printed Name: Marty Hendrix rye
(�� C
Title: City Secretary �tyg
Date:
t
M & C:
t���iCIkZ RECORD
CITY SECRETARY
FT. WORTH, TX �
Contract Name: PM2.5 Monitoring
TCEQ Contract Number: 582-I Iw86421
Intergovernmental Cooperative Reimbursement Contract
CONTRACT DOCUMENTS
The entire Contract between TCEQ and Performing Party is composed of the Contract Documents listed on this page
and marked by an 'X" A listed document includes all amendments. The terms "Contract" and "Grant Agreement"
include all the Contract Documents. In the event of a conflict of terms, the Contract Documents as amended control
in the descending order of the list, subject to provisions in the Special Terms and Conditions, if any. All contract
provisions, however, are subject to control by the latest amendment and most specific provision and by the applicable
state and federal laws, rules, and regulations.
X
Contract Signature Page
X
Special Terms and Conditions
X
Federal Section (Including Federal Conditions and Completed Forms)
Documents Created During the Contract: Work Orders/Proposal for Grant Activities. For umbrella
contracts/grants, the following order takes precedence, with the most important first; all of which are subject
to control by the latest amendment:
Work Order/Proposal for Grant Activities
Notice to Proceed/Notice to Commence
TCEQ Approved Work Plan/Grant Activity Description
X
Contract Activities ("Scope of Work")
TCEQ - Approved Work Plan / Performing Party Proposal
Work Order Section
X
General Terms and Conditions
X
Contract Budget / Schedule of Fixed Cost for Reimbursement
X
Project Representatives and Records Location
X
Attachment A - Financial Status Report Form
X
Attachment B — Prime Contractor Progress Assessment Report Form and Instructions
X
Attachment C - Release of Claims Form
X
Attachment D — TCEQ and Local Program PM.2.5 and PM10 Network Spreadsheet
crTY SECRETARY
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
Enter -Governmental Cooperative Reimbursement Agreement
with
Federal, State and Local Governments and Agencies
CONTRACT ACTIVITIES
I. FACTS/PURPOSE
A. Overview &Purpose
The Texas Commission on Environmental Quality (TCEQ) is seeking to contract for the
services necessary for the operation, maintenance and data review (collection) for PM 2.5
samplers. Refer to Attachment D (TCEQ and Local Program PM.2.5 and PM10 Network
Spreadsheet) for specific site information.
B. The Performing Party will adopt and perform all duties as specified in the TCEQ Quality
Assurance Project Plan (QAPP) for Air Monitoring in Texas for State and Local Air Monitoring
Station (SLAMS)/Border, Particulate Matter of 2.5 Microns and Smaller (PM2.5) and
Photochemical Assessment Monitoring Station (PAMS) Programs and all applicable Standard
Operating Procedures (SOP) and Preventive Maintenance Instructions (PMI) for the specified
instruments.
II. TCEQ RESPONSIBILITIES/DESIGNATION OF STAFF
A. TCEQ Responsibilities
1. Provide all equipment, postage, utilities, and supplies including computer hardware and
software as necessary to perform operation, maintenance, and troubleshooting of all air
monitoring equipment at the station.
2. Provide all documentation for operation, maintenance, and troubleshooting of all air
monitoring equipment at the station.
3. Provide instrument audits in accordance with the TCEQ audit schedule. On an ongoing
basis, the TCEQ reserves the right to audit monitors operated by the Performing Party.
Such audits are expected to be announced and access to the monitors and the associated
measurement data are expected to be coordinated with the Performing Party's staff. At
least one (1) audit per year should be expected. More frequent audits will occur if significant
or persistent data quality issues occur.
4. Provide all data validation and data management functions.
5. Maintain ownership of all equipment.
B. Designation of Staff: The TCEQ Contract Manager is Kristin Bourdon, 512/239-0883. TCEQ
staff wlll be made available in her absence.
III. PERFORMING PARTY RESPONSIBILITIES
A. Adopt and perform all duties according to the current TCEQ Quality Assurance Project Plans
(QAPPs). The Performing Party will be required to sign an acknowledgment form attesting to
their receipt and understanding of the TCEQ QAPPs. PERFORMING PARTY shall be
responsible for obtaining copies of all applicable QAPPs from TCEQ.
B. Make routine visits to the site to check on systems operation and perform preventive
maintenance at least once a week. Document all activities in the electronic log or hard copy log
if no electronic log is available.
C. Contact TCEQ Project Manager or her designees before any instrument adjustments are m g
to minimize possible instrument failure.
D. Provide appropriate response within a timely manner (not to exceed two
i (2),buslnes§4dgys.). tQy
FT. WORTH, TX
PAGE 3 OF 48
TCEQ staff regarding the air monitoring station operation, maintenance, and data validation
issues.
E. Identify its Project Representative, who is the person authorized to receive directions from the
TCEQ. The Project Representative must be knowledgeable in the planning, content, and
subject matter being addressed in this monitoring program. The Representative must possess
decision making ability and authority.
F. Provide phone, fax, email, pager, and physical address of all project representatives. Must
provide immediate updates when any information changes.
G. The Performing Party will provide competent personnel with a cell phone or pager and a vehicle
to provide on -site service.
H. In the case where an equipment failure requires a site visit, the Performing Party agrees to make
the visit on the same day, if possible, or at least on the next working day in order to minimize
data loss.
I. Provide a quarterly report for any TCEQ fiscal year quarter that the data completeness for the air
monitoring station is less than 85%, or when there are more than two consecutive invalid
samples for noncontinuous filter -based samplers, or more than 120 hours of continuous data
loss including the cause within 30 days after the end of the quarter.
J. May be required to travel from the site to Austin to exchange broken equipment, pick up supplies
(for this service), or attend training.
K. The Performing Party shall ensure that its staff is adequately trained and qualified in order to
perform designated tasks. Representatives for the Performing Party are expected to attend
TCEQ provided training, workshops, and/or other activities designed to increase technical
capabilities required to support this Contract. It is the responsibility of the Performing Party to
identify and obtain any necessary safety training. The Performing Party must have a thorough
understanding of ambient air monitoring for particulates of 2.5 microns or smaller and at least six
(6) months of "hands on" experience using the Thermo (formerly Rupprecht & Patashnick)
Model 2025 Sequential and Thermo Tapered Element Oscillating Microbalance (TEOM), PM2.5
samplers.
IV. DESCRIPTION OF DELIVERABLES
A. TASK 1: PM2.5 monitoring operation, maintenance, QA/QC, data review as per the
Standard Operating Procedures (SOP's).
B. TASK 2: Perform operation, maintenance, QA/QC, data review, shipment/receipt of filters
from the lab and preparation of Chain of Custody sheets per SOP's from TCEQ.
C. TASK 3: The Performing Party must maintain records that include the sampler electronic data
files, electronic or hard copy daily activity logs (where electronic logs are not available), hard
copy "print outs" related to media Chain of Custody (COC), sampler operation verification,
sampler calibration, quality control checks of sampler, any audit reports, site visit check lists, and
cold storage records.
D. TASK 4: The Performing Party shall maintain clear records for the transfer of information from
the collection point to the time the filters and data are mailed to the filter weighing vendor. At a
minimum, the records must include: the time of sampling, sampler conditions, sampler location,
and any other descriptive data that may be relevant to support the validity of the sample. In
addition, sample data sheets, site log books or electronic logs (where available) must be
maintained to verify the trail of activities associated with each filter.
V. SCHEDULE OF DELIVERABLES:
A. The Chain of Custody sheets for each sampler must be adhered to for the Model 2025
samplers.
B. The samplers must be visited at least once per week or as often as necessary to maintain
the sampling schedule.
C The monthly and quarterly check reports must be submitted to the Project QA/QC Officer
within twelve (12) days after the end of the month/quarter.
D. Submit quarterly reports of any data loss greater than 15% or for > 120 hours of continuous
data loss for continuous samplers or more than two consecutive invalid samples by the 15"'
of the month following the TCEQ fiscal year quarter. The report must include the cause for
the data or sample loss.
VI. ACCEPTANCE CRITERIA
A. A minimum of an 85% monthly data return Cl"d no more than two (2) consecutive invalid
samples for noncontinuous filters -based samplers, or no more than 120 hours of continuous
data loss for continuous monitors is required or documentation when completeness was not
achieved.
B. Provide reports within the timeline specified.
PAGE 5 OF 48
PAYMENT PROCEDURES
ARTICLE L PAYMENT FOR PERFORMANCE OF SERVICES
a. Payment under this Agreement for air pollution control activities is based on the performance of required
activities by the PERFORMING PARTY.
b. Payments frorn the TCEQ to the PERFORMING PARTI' are for reimbtnsement of PERFORMING
PARTY's actual allowable costs of PERFORMING PARTY's performance. Actual costs include
reasonable and necessary direct and indirect costs. Allowable costs are those deemed allowable by the
TCEQ in accordance with the requirements of this Contract. The maximum amount to be reimbursed is
based on the Contract Budget Sheet attached in Article 22.1.
ARTICLE 2. PAYMENT REQUEST PROCEDURES
a. On a quarterly basis, the PERFORMING PARTY shall submit one copy of a properly completed STATE
OF TEXAS PURCHASE VOUCHER (Comptroller of Public Accounts Form 73-170), in orderto obtain
payment for tasks completed under this Agreement. The PERFORMING PARTY shall complete a
quarterly HUBWAIBE PROGRESS ASSESSMENT REPORT, incorporated as Attachment B, and
submit this Report with each quarterly invoice and voucher. Completed vouchers, invoices, and reports
shall be mailed or delivered to the following address:
Athl: Kristin Botu•don
Texas Commission on Environmental Quality
Field Operations Support Division, MC-165, Bldg. B.
P.O. Box 13087
Austin, TX 78711 -3 087
b. The TCEQ will review the purchase vouchers, invoices; for requests for payment for services performed
as identified above in Section A. ofthis article and as required in the Deliverables. If the requests do not
satisfactorily demonstrate the accomplishment of the required tasks, the TCEQ Project Representative
will not authorize payment on the accompanying voucher and invoice until such time as deficiencies have
been corrected.
c. The TCEQ will not issue any payment of an approved reinnbtu•sementregiest from the PERFORMING
PARTY until the TCEQ receives fi•onn the EPA funds specifically awarded for activities provided by the
PERFORMING PARTY under this Agreement.
d. The TCEQ reserves the right to suspend payment for any incomplete, inconsistent or incorrect services or
reports as requu•ed by this Agreement until the PERFORMING PARTI' satisfactorily completes, revises,
or corrects such services or reports.
e. Failure on the part of the PERFORMING PARTY to comply with the conditions set fon-th in this
Agreementmay be grounds for termination ofthis Contract for cause, and revocation of any unexpended
funds.
f. Nothing in this Article shall be construed to prevent the TCEQ or the PERFORMING PARTY from
exercising any of its rights under this Agreement including but not limited to those relating to
Termination and Remedies.
PAGE 6 OF 48
ARTICLE 3. FINAL PAYMENT REQUEST
a. Upon satisfactory completion of the work performed hereunder and prior to final payment under this
Contract for such work, or prior to settlement upon termination of this Contract and as a condition thereto,
the PERFORMING PARTY shall execute and deliver to the TCEQ a release of all claims for payment of
any funds due and payable by the TCEQ pursuant to the terms of this Contract. Such release shall be
conditioned upon payment of all fiend amounts due and payable to PERFORMING PARTY under this
Contract, and limited to only those claims which reasonably could have been foreseen at the time the
release is executed. PERFORMING PARTY reserves the right to identify claims to be excluded thereby.
b. The PERFORMING PARTY shall provide to the TCEQ documentation showing all tasks that have been
completed by the PERFORMING PARTY.
c. Final Payment under this Contract or settlement upon termination shall not constitute a waiver of the
TCEQ's claims against the PERFORMING PARTY.
d. A final payment request shall be submitted by the PERFORMING PARTY to the TCEQ not later
than thirty (30) days following the end of this Contract.
SPECIAL TERMS AND CONDITIONS
1. These conditions add to, or in the case of conflicts, supersede and take precedence over the
general conditions set forth in this agreement.
2. Contract Period, This Contract Agreement shall commence when fully executed, or on September
1, 2010, whichever is later, and shall terminate on full performance, which is due on August 31,
2011, unless terminated early or renewed in accordance with the terms of the Contract. TCEQ
may renew this Contract for three (3) additional periods of twelve (12) months each.
3. Pricing must remain firm for the initial term of the Contract.
4. TCEQ reserves the option to add or subtract like items or services, including additional
site locations during the term of the Contract including any renewals and/or extensions.
PAGE 8 OF 48
GENERAL TERMS AND CONDITIONS
1. CONTRACT PERIOD.
1.1 Contract Period. The Contract begins on the Effective Date and ends on the Expiration Date
as provided on the Signature Page of this Contract (Contract Period). If no Effective Date is
provided, the Effective Date of the Contract is the date of last signature. If no Expiration Date is
provided, the Expiration Date is August 31 of the same Fiscal Year in which the Contract is
signed.
1.2 Renewal and Extension Period. The Contract may be extended by notice of TCEQ beyond
expiration of a Contract Period for up to 90 days (Extension Period) during which the parties
may agree on a written amendment to extend the Contract for a longer period. Renewals and
extensions do not extend any other deadlines or due dates other than the expiration of the
Contract Period,
1.2.1 This Contract is not subject to competitive procurement or grant regulations, and may be
amended for Renewal as needed.
2. DEFINITIONS
2.1 "Include." The word "include" and all forms such as "including" mean "including but not limited
to" in the contract and in documents issued in accordance with the contract, such as Work
Orders (or Proposals for Grant Activities).
3. AUTHORIZATION.
The Performing Party must obtain a written Notice to Proceed from the TCEQ Contract Manager to start
activities. Any performance of the activities prior to the Notice to Proceed is not reimbursable. At its option,
TCEQ may issue a limited Notice to Proceed to authorize reimbursement for a portion of the activities.
4. FUNDS.
4.1 Availability of Funds. This Contract and all claims, suits or obligations arising under or related
to this Contract are subject to the receipt and availability of funds appropriated by the Texas
Legislature for the purposes of this Contract or the respective claim, suit or obligation, as
applicable.
4.1.1 Performing Party will ensure that Article 4.1 is included in any subcontract it awards.
4.2 Amount Limits on Funds. The maximum reimbursement is shown on the Contract Signature
Page.
4.3 Grants. If this Contract was entered under the TCEQ authority to award grants, TCEQ is
providing financial assistance to the recipient to undertake its own project.
5. ALLOWABLE COSTS.
5.1 Conforming Activities. TCEQ will reimburse the Performing Party for Allowable Costs incurred
and paid by the Performing Party in performance of conforming Contract Activities. Allowable
Costs are those costs for conforming Contract Activities that are reasonable, necessary, actual,
and authorized by this Contract and a Notice to Proceed. Contract Activities must be authorized
in writing to be eligible for reimbursement.
5.2 UGMS, Allowable Costs are restricted to costs that comply with the Texas Uniform Grant
PAGE 9 OF 48
Management Standards (UGMS) and additional state and federal rules and law. The text of
UGMS is available online at the Governor's Website. (The link as of April 22, 2010 is
http://www governor state tx us/files/state-grants/UGMS062004.doc,) The parties agree that all
the requirements of the UGMS apply to this Contract, including the criteria for Allowable Costs.
TCEQ Allowable Expenditures Guidelines provide additional information as to the construction of
UGMS. Additional federal requirements apply when federal funds are included in the
reimbursement.
6. REIMBURSEMENT.
6.1 Reimbursement Request Deadline. Performing Party shall submit all requests for payment to
TCEQ prior to July 15 of the second fiscal year following the fiscal year, for which the
appropriation is made.
6.2 Reimbursement Requests. Performing Party shall invoice TCEQ to request reimbursement for
its Allowable Costs for performing the Contract Activities, Performing Party's invoice shall
conform to TCEQ's reimbursement requirements.
6.3 Travel, Other Costs. Travel costs must be specifically authorized in advance of the travel.
Travel costs, including per diem, will be reimbursed only in the amount of actual costs, up to the
maximum allowed by law for employees of the State of Texas at the time the cost is incurred.
6.4 Supporting Records. Performing Party shall submit records and documentation to TCEQ as
appropriate for the review and approval of reimbursing costs. At a minimum, Performing Party
shall submit supporting records with its invoices; TCEQ may reject invoices without appropriate
supporting documentation. TCEQ has the right to request additional documentation. Performing
Party shall maintain records subject to the terms of this Contract.
6.5 Conditional Payments. Reimbursements are conditioned on the Contract Activities being
performed in compliance with the Contract. Performing Party shall return payment to TCEQ for
either overpayment or activities undertaken that are not compliant with the Contract Activities.
This does not limit or waive any other TCEQ remedy.
7. FINANCIAL RECORDS, ACCESS, AND AUDITS.
7.1 Audit of Funds. The Performing Party understands that acceptance of funds under this Contract
acts as acceptance of the authority of the State Auditor's Office, or any successor agency, to conduct
an audit or investigation in connection with those funds. Performing Party further agrees to fully
cooperate with the State Auditor's Office or its successor in the conduct of the audit or investigation,
including providing all records requested. Performing Party shall ensure that this clause concerning
the authority to audit funds received indirectly by subcontractors through Contractor and the
requirement to cooperate is included in any subcontract it awards.
7.2 Financial Records, Performing Party shall establish and maintain financial records including records
of costs of the Contract Activities in accordance with generally accepted accounting practices. Upon
request Performing Party shall submit records in support of reimbursement requests. Performing
Party shall allow access during business hours to its financial records by TCEQ and other state
agencies for the purpose of inspection and audit. Records shall be maintained for a minimum of
three years beyond the expiration or earlier termination of this Contract, and three years after the end
of any litigation or claims process, including appeals.
8. INDIRECT COST RATE.
8.1 Authority for Indirect Cost Rates. The Performing Party shall comply with OMB Circular A-87 and
the Uniform Grant Management Standards (UGMS) relating to Indirect Cost Rates. In the event an
audit changes the indirect cost rate, Per Party agrees to waive additional indirect costs, a in
the alternative, contribute the difference between the contract indirect rate and audited indirect rate.
8.2 Indirect Cost Rate of Contract Activities. The cost of services provided to TCEQ by another
agency may include allowable direct costs of the service plus a pro rata share of indirect costs, if
authorized by the budget. A standard indirect cost allowance equal to 10% of the direct salary and
wage cost of the activity may be used in lieu of determining the actual indirect costs of the activity.
8.3 Application Indirect Cost Rate, Councils on Government. As provided by
regional planning commission may not spend more than 15% of its total expenditures on indirect
costs. Where an indirect cost exceeds 15%, the regional planning commission will credit each
affected awarding agency by reducing indirect charges on a pro rata basis to the affected agencies
in the subsequent fiscal year.
9. AMENDMENTS.
Changes to the Contract are only effective by a written amendment, signed and agreed to by the Parties.
10. CONTRACT INTERPRETATION
10.1 Interpretation of Time. All days are calendar days, unless stated otherwise. Days are counted
to exclude the first and include the last day of a period. If the last day of the period is a Saturday
or Sunday, or a state or federal holiday, it is omitted from the computation.
10.2 State, Federal Law. This Contract is governed by, and interpreted under the laws of the State of
Texas, as well as applicable federal law.
10.3 Severability. If any provision of this Contract is found by any court, tribunal or administrative body of
competent jurisdiction to be wholly or partly illegal, invalid, void or unenforceable, it shall be deemed
severable (to the extent of such illegality, invalidity or unenforceability) and the remaining part of the
provision and the rest of the provisions of this Contract shall continue in full force and effect. If
possible, the severed provision shall be deemed to have been replaced by a valid provision having
as near an effect to that intended by the severed provision as will be legal and enforceable.
11. PERFORMING PARTY'S RESPONSIBILITIES.
11.1 Performing Party's Responsibility for the Contract Activities. Performing Party undertakes
performance of the Contract Activities as its own project and does not act in any capacity on
behalf of the TCEQ nor as a TCEQ agent, employee or vendor of goods or services. Performing
Party agrees that the Contract Activities are furnished and performed at Performing Party's sole
risk as to the means, methods, design, processes, procedures and performance of the Contract
Activities.
11.2 Independent Contractor. Nothing in this Contract shall create an employee -employer
relationship between Performing Party and TCEQ. Nothing in this Contract shall create a joint
venture between TCEQ and the Performing Party. The parties agree that the Performing Party is
an independent contractor.
11.3 Performing Party's Responsibility for Subcontractors. All acts and omissions of
Subcontractors, Suppliers and other persons and organizations performing or furnishing any of
the Contract Activities under a direct or indirect contract with Performing Party shall be
considered to be the acts and omissions of Performing Party.
11.4 No Third -Party Beneficiary. TCEQ does not assume any duty to exercise any of its rights and
powers under the Contract for the benefit of third parties. Nothing in this Contract shall create a
contractual relationship between TCEQ and any of Performing Party's subcontractors, suppliers
or other persons or organizations with a contractual relationship with the Performing Party,
PAGE 11 OF 48
12. PERFORMING PARTY PERFORPVIANCE EVALUATION.
Performance evaluations are a part of the TCEQ review of Performing Party and may be a factor in the
selection of future contracts. TCEQ may provide this information to state agencies and, upon request, to
others. Performing Party consents to the disclosure of any information or opinion contained in the evaluations.
13. CONFLICT OF INTEREST.
The Performing Party shall timely notify TCEQ in wrng of any actual, apparent, or potential conflict of interest
regarding the Performing Party or any related entity or individual. No entity or individual with any actual,
apparent, or potential conflict of interest shall take part in the performance of any portion of the Contract
Activities, nor have access to information regarding any portion of the Contract Activities, Performing Party
agrees that TCEQ has sole discretion to determine whether a conflict exists, and that a conflict of interest is
grounds for termination for cause.
14. INTELLECTUAL PROPERTY.
14.1 Third Party Intellectual Property. Unless specifically waived, Performing Party must obtain all
Intellectual Property licenses expressly required in the Scope of Work, or incident to the use or
possession of the intellectual property. Performing Party shall obtain and furnish to TCEQ:
documentation on the use of such Intellectual Property, and a perpetual, irrevocable, enterprise -wide
license to reproduce, publish, otherwise use, or modify such Intellectual Property and associated
user documentation, and to authorize others to reproduce, publish, otherwise use, or modify such
Intellectual Property for TCEQ non-commercial purposes, and other purposes of the State of Texas.
14.2 Grant of License. Performing Party grants to TCEQ a nonexclusive, perpetual, irrevocable,
enterprise -wide license to reproduce, publish, modify or otherwise use for any non-commercial
TCEQ purpose any preexisting intellectual property belonging to the Performing Party that is
incorporated into the Contract Activities, intellectual property created under this Contract, and
associated user documentation.
15. TIME DELAYS.
15.1 Time is
15.2 Delays. Where Performing Party's performance is delayed, except by Force Majeure or act of the
TCEQ, TCEQ may withhold or suspend reimbursement, terminate the Contract, or enforce any of its
other rights.
16. TERMINATION.
16.1 Termination for Cause. TCEQ may, upon 10 days written notice and the opportunity to cure,
terminate this Contract for cause if Performing Party materially fails to comply with the Contract
including any one or more of the following acts or omissions: nonconforming Contract Activities,
existence of a conflict of interest, failure to provide evidence of required insurance coverage and
failure to comply with HUB requirements in law or this Contract. Termination for cause does not
prejudice TCEQ's other remedies authorized by this Contract or by law.
16.2 Termination for Convenience. TCEQ may, upon 10 days written notice, terminate this Contract for
convenience. Termination shall not prejudice any other right or remedy of TCEQ or the Performing
Party. Performing Party may request reimbursement for: conforming Contract Activities and timely,
reasonable costs directly attributable to termination. Performing Party shall not be paid for: work not
performed, loss of anticipated profits or revenue, consequential damages or other economic loss
arising out of or resulting from the termination.
PAGE 12 OF 48
16.3 If, after termination for cause by TCEQ, it is determined that the Performing Party had not materially
failed to comply with the Contract, the termination shall be deemed to have been for the convenience
of the TCEQ.
1 / a INSURANCE AND INDEMNIFICATION.
17A Insurance. Unless prohibited by law, the Performing Party shall require its contractors and suppliers
to obtain and maintain during the Contract Period adequate insurance coverage sufficient to protect
the Performing Party and the TCEQ from all claims and liability for injury to persons and for damage
to property arising from the Contract. Unless specifically waived by the TCEQ, sufficient coverage
shall include Workers Compensation and Employer's Liability Insurance, Commercial Automobile
Liability Insurance, and Commercial General Liability Insurance.
17.2 Indemnification. TO THE EXTENT AUTHORIZED BY LAW, THE PERFORMING PARTY SHALL
REQUIRE ALL CONTRACTORS PERFORMING CONTRACT ACTIVITIES ON BEHALF OF
PERFORMING PARTY TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE TCEQ AND
PERFORMING PARTYAND THEIR OFFICERS, EMPLOYEES AND REPRESENTATIVES FROM
AND AGAINST ALL LOSSES, LIABILITIES, DAMAGES, AND OTHER CLAIMS OF ANY TYPE
ARISING FROM THE PERFORMANCE OF CONTRACT ACTIVITIES BY THE CONTRACTOR OR
ITS CONTRACTORS, SUPPLIERS AND AGENTS, INCLUDING THOSE ARISING FROM A
DEFECT IN DESIGN, WORKMANSHIP, MATERIALS, OR FROM INFRINGEMENT OF ANY
PATENT, TRADEMARK OR COPYRIGHT; OR FROM A BREACH OF APPLICABLE LAWS,
REGULATIONS, SAFETY STANDARDS OR DIRECTIVES, THE DEFENSE OF THE TCEQ SHALL
BE SUBJECT TO THE AUTHORITY OF THE OFFICE OF THE ATTORNEY GENERAL OF TEXAS
TO REPRESENT THE TCEQ, THIS COVENANT SURVIVES THE TERMINATION OF THE
CONTRACT,
18. DISPUTES, CLAIMS, REMEDIES.
18.1 Payment not a Release. Neither payment by TCEQ nor any other act or omission other than an
explicit written release constitutes a release of Performing Party from liability under this Contract.
18.2 Schedule of Remedies available to the TCEQ. In accordance with Chapter 2261, Texas
Government Code, the following Schedule of Remedies applies to this contract. In the event of
Performing Party's nonconformance, TCEQ may:
18.2.1 Issue notice of nonconforming performance;
18.2.2 Reject nonconforming performance and request corrections without charge to the TCEQ;
18.2.3 Reject a reimbursement request or suspend further payments, or both, pending accepted
revision of the nonconformity;
18.2.4 Suspend all or part of the Contract Activities or payments, or both, pending accepted
revision of the nonconformity;
18.2.5 Demand restitution and recover previous payments where performance is subsequently
determined nonconforming;
18.2.6 Terminate the contract without further obligation for pending or further payment by the TCEQ
and receive restitution of previous payments.
18.3 Opportunity to Cure. The Performing Party will have a reasonable opportunity to cure its
nonconforming performance, if possible under the circumstances.
18.4 Cumulative Remedies. Rights and remedies in this Contract are in addition to, and are not in any
way a limitation of, any rights and remedies available under state and federal rules, regulations, and
laws and at common law.
PAGE 13 OF 48
19. SOVEREIGN IMMUNITY.
The parties agree that this Contract does not waive sovereign immunity relating to suit, liability, or payment of
damages.
20. MISCELLANEOUS.
20.1 Assignment. No delegation of the obligations, rights, or interests in the Contract, and no assignment
of payments by Performing Party will be binding on TCEQ without its written consent, except as
restricted by law. No assignment will release or discharge the Performing Party from any duty or
responsibility under the Contract.
20.2 Venue. Performing Party agrees that the Contract is being performed in Travis County, Texas,
because this Contract has been performed or administered, or both, in Travis County, Texas, The
Performing Party agrees that any cause of action involving this Contract arises solely in Travis County,
20.3 Publication. Performing Party agrees to notify TCEQ five days prior to the publication or
advertisement of information related this Contract. Performing Party agrees not to use the TCEQ logo
or a TCEQ graphic as an advertisement or endorsement without written permission signed by the
appropriate TCEQ authority.
20.4 Waiver. With the exception of an express, written document signed with authority by TCEQ, no act or
omission will constitute a waiver or release of Performing Party's obligation to perform conforming
Contract Activities. No waiver on one occasion, whether expressed or implied, shall be construed as a
waiver on any other occasion.
20.5 TCEQ relies on Performing Party to perform all Contract Activities in conformity with all applicable
laws, regulations, and rules and obtain all necessary permits and licenses.
20.6 Survival of Obligations. Except where a different period is specified in this Contract or applicable
law, all representations, indemnifications, and warranties made in, required by or given in accordance
with the Contract, as well as all continuing obligations indicated in the Contract will survive for four
years beyond the termination or completion of the Contract; or after the end of a proceeding which was
brought under the contract or if TCEQ has notified Performing Party of an on -going proceeding. A
proceeding includes any litigation, legal proceeding, permit application, State Office of Administrative
Hearings proceeding, or similar activity listed in a TCEQ notice to the Performing Party.
20.7 Headings. The headings of the sections contained in this Contract are for convenience only and
do not control or affect the meaning or construction of any provision of this Contract.
2048 Release of Claims. As a condition to final payment or settlement, or both, the Performing Party shall
execute and deliver to the TCEQ a release of all claims against the TCEQ for payment under this
Contract.
20.9 Counterparts. This Contract may be signed in any number of copies. Each copy when signed is
deemed an original and each copy constitutes one and the same Contract
PAGE 14 OF 48
PROJECT REPRESENTATIVES/ RECORDS LOCATION
ARTICLE 21.1 TCEQ PROJECT REPRESENTATIVE
The individual named below is the TCEQ Project Representative, who is authorized to give and receive
communications and directions on behalf of the TCEQ. All communications including all payment requests
must be addressed to the TCEQ Project Representative or his or her designee.
Kristin Bourdon
(Name)
Network Coordinator 165
(Title) (Mail Code)
Texas Commission on Environmental Quality
P.O. Box 13087
Austin, Texas 78711-3087
Telephone No.:�512) 239-0883
Facsimile No.: f512) 239-1605
ARTICLE 21.2 PERFORMING PARTY PROJECT REPRESENTATIVE
The individual named below is the PERFORMING PARTY Project Representative, who is authorized to
give and receive communications and directions on behalf of the PERFORMING PARTY. All
communications to the PERFORMING PARTY will be addressed to the PERFORMING PARTY Project
Representative or his or her designee.
For Technical Matters:
T.C. Michael Telephone No.: (817) 392-5455
(Name)
Facsimile No.: (817) 392-6359
(Title)
1000 Throckmorton Street
(Mailing Address)
Fort Worth Texas 76102
(city) (State) (Zip Code)
ARTICLE 21.3 SUBMITTAL OF PAYMENT REQUESTS
Payment requests must be submitted to (whichever is checked):
X the TCEQ Project Representative.
❑ the TCEQ Disbursements Section.
(if neither box is checked, payment requests must be submitted to the TCEQ Project
Representative).
ARTICLE 21.4 DESIGNATED LOCATION FOR RECORDS ACCESS AND REVIEW
The PERFORMING PARTY designates the physical location indicated below for record access and review
pursuant to any applicable provision of this contract:
(Location)
(Mailing Address)
(City) (State) (Zip Code)
PAGE 15 OF 48
CONTRACT BUDGET FOR ACTUAL COST REIMBURSEMENT
ARTICLE 22.1 BUDGET
1. Authorized budgeted expenditures for Work Performed are as follows:
$ 18,250.40
$ 5,549.95
$ 0.00
$ 750.00
$ 0.00
$ 0.00
$ 0.00
$ 1,050.00
$ 5,112.31
30.712.66
30.41
21.48%
ARTICLE 22 2 NEGOTIATED PREDETERMINED INDIRECT COST RATE
TCEQ and the Performing Party may negotiate a predetermined indirect cost rate for the term of the contract
where the cost experience and other pertinent facts available are deemed sufficient to enable the contracting
parties to reach an informed judgment (1) as to the probable level of indirect costs in the Performing Party's
programs during the term of the contract, covered by the negotiated rate, and (2) the amount allowable under
that predetermined rate would not exceed the actual indirect costs.
ARTICLE 22.3 BUDGET CONTROL AND TRANSFERS
Cumulative transfers among the budgeted direct cost categories must not exceed ten percent (10%) of the
current Total Budgeted amount.
ARTICLE 22.4 SUBMITTAL OF PAYMENT REQUESTS
Unless otherwise stipulated in the Contract, payment requests must be submitted at monthly intervals.
Included with the invoice which shall be provided in a format acceptable to the TCEQ, will be the Financial
Status Report (FSR) and the Progress Assessment Report (PAR) form
Note: Invoices shall be submitted no later than the last working day in August for each year that is to be
invoicedI unless a later time is otherwise approved in writing by TCEQ.
ji
�E¢ 'noImo'
FEDERAL CONDfTIONS
ARTICLE 1, FEDERAL REQUIREMENTS
This Contract is funded in part with federal grant money. The following conditions apply to this Contract in
addition to all other contract terms. All applicable requirements of TCEQ's federal grants and 40 CFR Parts 30
through 35 are incorporated herein by reference (TCEQ will provide copies of applicable federal grants or
regulations upon request). The term "PERFORMING PARTY" as used in these Federal Conditions means
either PERFORMING PARTY or CONTRACTOR, as applicable.
ARTICLE 2 FEDERAL INTELLECTUAL PROPERTY REQUIREMENTS
A nonexclusive, perpetual, irrevocable license to use, copy, publish, and modify any intellectual property to
which rights are granted or assigned to TCEQ in this Contract are hereby also granted to, assigned to, or
reserved by the Federal Government. To the extent consistent with the rights of third parties, the Federal
Government shall also have the right to sell any intellectual property right it reserves or acquires through this
Contract.
ARTICLE 3, ACKNOWLEDGMENT OF FINANCIAL SUPPORT
The PERFORMING PARTY shall acknowledge the financial support of the TCEQ and the U.S. EPAwhenever
work funded, in whole or part, by this Contract is publicized or reported in news media or publications. All
reports and other documents completed as a part of this Contract, other than documents prepared exclusively
for internal use within the TCEQ, shall carry the following notation on the front cover or title page:
PREPARED IN COOPERATION WITH THE
Texas Commission on Environmental Quality AND
U.S. ENVIRONMENTAL PROTECTION AGENCY
The preparation of this report was financed through grants from the U.S. Environmental Protection Agency
through the Texas Commission on Environmental Quality.
If the funding source is a U.S. agency other than U.S. EPA, the name of the appropriate federal agency should
be substituted.
ARTICLE 4, COST AND PRICE OF THIS CONTRACT
If this Contract was not competitively procured or if payment is based on reimbursement of actual costs, then
PERFORMING PARTY shall submit cost information sufficient for a cost analysis. This information must be
submitted on forms provided by the TCEQ.
ARTICLE 5. ACCOUNTING SYSTEMS AND PROPERTY MANAGEMENT SYSTEMS
1, PERFORMING PARTY shall have an accounting system which accounts for costs in accordance with
generally accepted accounting standards or principles and complies with 40 CFR §31,20, This system shall
provide for the identification, accumulation, and segregation of allowable and unallowable project costs among
projects.
2. PERFORMING PARTY shall have a property management system that complies with the standard of and
requirements in 40 CFR §§ 31.32 through 31.33.
ARTICLE 6, RECORD DOCUMENTS DATA RECORDS ACCESS AND AUDIT
The Federal Government and its agencies will have the same rights of access to records as are granted to,
assigned to, or reserved by the TCEQ under this Contract.
ARTICLE 7, DEBARMENT
On or prior to the effective date of this Contract, PERFORMING PARTY must submit a Certification Regarding
Debarment, Suspension, and Other Responsibility Matters. PERFORMING PARTY must also submit a
Certification Regarding Debarment, Suspension, and Other Responsibility Matters / Lower Tier for each
subcontractor it employs to conduct the Work. These certifications must be submitted on forms provided by the
TCEQ.
ARTICLE 8, DISADVANTAGED BUSINESS ENTERPRISES: MINORITY BUSINESS ENTERPRISES /
WOMEN'S BUSINESS ENTERPRISES / SMALL TEXAS HISTORICALLY UNDERUTILIZED BUSINESSES
DBE's
1. In order to qualify and participate as an MBE or WBE prime or subcontractor for EPA recipients under
PAGE 17 OF 48
EPA's DBE Program, an entity must be properly certified as required by 40 C.F.R. 33 Subpart B. DBE's must
be certified by the following entities: EPA; the U.S. Small Business Administration, under its 8(a) Business
Development Program or its Small Disadvantaged Business Program; the U.S. Department of Transportation,
under its regulations for Participation by DBE's in DOT Programs; an Indian Tribal Government, State
Government, Local Government, or independent private organization in accordance with EPA's 8% (42 U.S.C.
4370d) or 10% (42 U.S.C. 7601) statutes as applicable. TCEQ may count a State of Texas certified Historically
Underutilized Business (HUB) as a DBE, provided the HUB's net worth (i.e., of each individual claiming
disadvantaged status) is less than $750,000 and the HUB signs the attached DBE Small Disadvantaged
Business Self -Certification Form. In determining net worth, see 13 C.F.R. 124.105(c)(2). All Certified
DBE's must sign the attached DBE SDB Self -Certification Form, and the PERFORMING PARTY shall include
all signed DBE SDB Self -Certification Forms with its Proposal.
2. If the General Conditions of this Contract contain a requirement that PERFORMING PARTY submit
information regarding its subcontracts with HUBs as defined by Texas law, then PERFORMING PARTY shall
comply with the Hub requirements as well as the DBE requirements imposed on TCEQ in the federal grant or
grants funding this Contract, and submit information regarding its subcontracts with Certified DBE's and Hub's
on forms provided by the TCEQ.
3. PERFORMING PARTY agrees that qualified DBE's shall have the maximum practicable opportunity to
participate in the performance of the Work required under this Contract through possible subcontracts to carry
out portions of the Work and by way of goods and/or services procurement contracts that directly support the
required Work.
4, PERFORMING PARTY will submit a completed HUB PROGRESS ASSESSMENT REPORT with each
reimbursement request submitted. At a minimum this report shall include the name of the DBE, a description
of the work, services or materials provided, the amount paid to the DBE; and the name and telephone number
of a contact person within the DBE.
5. The PERFORMING PARTY shall conduct the following actions in connection with solicitations for
subcontractors and for suppliers (vendors) of contract -required goods and/or services:
5.1. Place qualified DBE's on solicitation lists for subcontractors and vendors;
5.2. Assure that at least three (3) DBE's are solicited whenever they are potential sources for
subcontractor -performed work or vendor -provided goods and/or services;
5.3. Each solicitation shall include a copy of the specifications, adequate information about the plans,
Scope of Service, and requirements of the work to be subcontracted or the goods and/or services to be
procured, and shall provide sufficient time to allow all interested parties the opportunity to participate
effectively;
5.4. Records of solicitations for subcontractor and/or vendor services, including the responses received
from potential DBE's subcontractors and vendors, shall be maintained and reported to TCEQ;
5.5. Submit explanatory information in cases where bids were not solicited prior to obtaining the services
of subcontractors or vendors, or where a DBE's was low bidder but the subcontract or procurement
contract was awarded to a non DBE;
5.6 Divide total subcontractor or vendor requirements, when economically feasible, into smaller tasks or
quantities to permit maximum participation by such business enterprises; if sufficient subcontracting or
goods and/or service provider opportunities are not available, PERFORMING PARTY shall submit
explanatory information to TCEQ;
5.7. Establish delivery schedules, where requirements permit, which encourage participation by DBE's;
5.8. Utilize the Texas Comptroller of Public Accounts (CPA) Centralized Master Bidders List (CMBL) and
Historically Underutilized Business (HUB) Directory (<http://www.cpa.state.tx,us>) and the services and
assistance of the Small Business Administration and the Minority Business Development Agency of the
U.S. Department of Commerce (<http://www.doc.gov>) when searching for DBE's.
6. The PERFORMING PARTY must pay its subcontractors for satisfactory performance no more than 30
days from the Performing Party's receipt of payment from TCEQ.
7. Before terminating a DBE for convenience, the PERFORMING PARTY must notify TCEQ in writing.
PAGE 18 OF 48
8. If a DBE subcontractor fails to complete work, for any reason, and the PERFORMING PARTY plans to
procure a replacement subcontractor, the PERFORMING PARTY must undertake the actions listed in 5.1 -
5.8 of this Article.
9, The PERFORMING PARTY shall provide the attached DBE Subcontractor Participation Form, EPA Form
6100-2, to all its DBE subcontractors with instructions that each DBE may complete the form and submit it
directly to the appropriate EPA DBE Coordinator, Deborah Bradford, EPA Region 6, Small and
Disadvantaged Business Coordinator. EPA Form 6100-2 gives a DBE subcontractor the opportunity to
describe the work the DBE subcontractor received from the prime contractor, how much the DBE
subcontractor was paid and any other concerns the DBE subcontractor might have, for example reasons
why the DBE subcontractor believes it was terminated by the PERFORMING PARTY.
10. The PERFORMING PARTY must have its DBE subcontractors complete EPA Form 6100-3, DBE Program
Subcontractor Performance Form, The Performing Party must include all completed forms as part of the
Performing Party's proposal* package.
11. The PERFORMING PARTY must complete and submit EPA Form 6100-4, DBE Program Subcontractor
Utilization Form, as part of its proposal* package.
ARTICLE 9, PROHIBITION USE OF FEDERAL FUNDS FOR LOBBYING AND LITIGATION
Contractor agrees that none of the funds paid under this Contract will be used to engage in the lobbying of the
Federal Government or in litigation against the United States unless authorized under existing law. When
Contractor applies for final payment, Contractor will certify on a written form provided by the TCEQ that
Contractor has complied with this provision.
* Proposal in this context refers to a response to a solicitation for goods or services being paid for, at least in
part, with EPA grant funds submitted to TCEQ, a TCEQ grantee, or lower tier recipient. Proposal in this context
does not refer to an EPA grant application package TCEQ submits to EPA, nor to a grant application submitted
to TCEQ, a TCEQ grantee, or lower tier recipient requesting financial assistance that is at least partially funded
with an EPA grant. After TCEQ, a TCEQ grantee, or lower tier recipient receives the grant and attempts to
procure goods and services with the grant funds, the responses submitted to such solicitations must include
EPA Forms 6100-3 and 610041
PAGE 19 OF 48
EPA Project Control Number
EPA
United States Environmental Protection Agency
Washington, DC 20460
Certification Regarding
Debarment, Suspension, and Other Responsibility Matters
The Prospective participant certifies to the best of its knowledge and belief that it and its principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered
transactions by any Federal department or agency;
(b) Have not within a three-year period preceding this Offer been convicted of or had a civil judgement rendered against them for
commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal,
State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or
commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or
receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with
commission of any of the offenses enumerated in paragraph (b) of this certification; and
(d) Have not within a three-year period preceding this application/Offer had one or more public transactions (Federal, State, or
local) terminated for cause or default.
I understand that a false statement on this certification may be grounds for rejection of this Offer or termination of the award. In
addition, under 18 USC Sec. 1001, a false statement may result in a fine of up to P10,000 or imprisonment for up to 5 years, or both.
Typed Name &Title of Authorized Representative
Signature of Authorized Representative
1�1=1ia
❑ I am unable to certify to the above statements. My explanation is attached.
EPA Form 5700-49 (tt-88)
PAGE 20 OF 48
LOWER TIER
EPA Project Control Number
EPA
United States Environmental Protection Agency
Washington, DC 20460
Certification Regarding
Debarment, Suspension, and Other Responsibility Matters
The Prospective participant certifies to the best of its knowledge and belief that it and its principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered
transactions by any Federal department or agency;
(b) Have not within a three-year period preceding this Offer been convicted of or had a civil judgement rendered against them for
commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal,
State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or
commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or
receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with
commission of any of the offenses enumerated in paragraph (b) of this certification; and
(d) Have not within a three-year period preceding this application/Offer had one or more public transactions (Federal, State, or
local) terminated for cause or default.
I understand that a false statement on this certification may be grounds for rejection of this Offer or termination of the award. In
addition, under 18 USC Sec. 1001, a false statement may result in a fine of up to $10,000 or imprisonment for up to 5 years, or both.
Typed Name &Title of Authorized Representative
Signature of Authorized Representative
❑ I am unable to certify to the above statements. My explanation is attached.
EPA Form 5700-09 (11-88)
PAGE 21 OF 48
CERTIFICATION REGRIDING LOBBYING
Certification for Contracts, Grants, Loan, and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee
of Congress, or an employee of a Member of Congress in connection with awarding of any Federal contract, the making of
any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress,
or any employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement,
the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with
its instructions.
(3)The undersigned shall require that the language of this certification be included in the award documents for all
subawards at all tiers (including Subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements)
and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered
into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title
31, U.S. Code. Any person who fails to file the required certification shall be subject to the civil penalty of not less than $10,000
and not more than $100,000 for each such failure.
Statement for Loan Guarantees and Loan Insurance
The undersigned states, to the best of his or her knowledge and belief, that:
If any funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection
with this commitment providing for the United States to insure or guarantee a loan, the undersigned shall complete and submit
Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
Submission of this statement is a prerequisite for making or entering into this transaction imposed by section 1352, title 31,
U.S. Code. Any person who fails to file the required statement shall be subject to a civil penalty of not less than $10,000 and
not more than $100,000 for each such failure.
ORGANIZATION NAME AWARD NUMBER
NAME AND TITLE OF AUTHORIZED REPRESENTATIVE
SIGNATURE DATE
Please check appropriate box below:
[ ]Disclosure Form attached
[ ] Disclosure Form Forthcoming
[ ] Disclosure Form Not Applicable
PAGE 22 OF 48
Page 1 of 3
DISCLOSURE OF LOBBYING ACTIVITIES
Complete this form to disclose lobbying activities pursuant to 31 USC 1352
1.
Type of Federal Action: [ ]
2. Status of Federal Action: [ ]
3. Report Type: [ ]
a, contract
a. bid/offer/application
a. initial filing
b, grant
b. initial award
b, material change
c. cooperative agreement
c. post -award
d. loan
For Material change only:
e. loan guarantee
year Quarter
f, loan insurance
date of last report
4.
Name and Address of Report Entity
5, If Reporting Entity in No. 4 is Subawardee, enter name and address
[ ] prime [ ] subawardee
of Prime:
tier if known:
Congressional District, if known
Congressional District, if known:
6.
Federal Department/Agency:
7, Federal Program name/Description:
CFDA Number, if applicable:
8.
Federal Action Number, if known:
9. Award Amount if known:
10. a. Name and address of Lobbying Entity
first name, MI): (attach Continuation Sheet(s)
(if individual, last name,
b. Individuals Performing Services (including address if different from
No. 10a) (last name, first name, MI): SF--LLL-A if necessary)
11.
Amount of Payment (check all that apply):
13. Type of Payment (check all that apply):
[ ] actual [
] planned
[ ] a. retainer
[ ) b. one-time fee
[ ] c. commission
12.
Amount of payment (check all that apply):
[ ] d, contingent fee
[ ] e. deferred
[ ] a. cash
[ ] f, other, specify:
[ ] b, in -kind; specify nature
value
14.
Brief description of services performed or
to be performed and date(s) of service, including officer(s), employee(s), or Member(s)
contacted
for Payment indicated in Item 11:
(attach Continuation sheet(s) SF-LLL-A if necessary)
15.
Continuation sheet(s) SF-LLL-A attached:
[ ] Yes [ ] No
PAGE 23 OF 48
16 Information requested through this form is authorized by Title 31 U.S.C.
Section 1352 This disclosure of lobbying activities is a material
representation of fact upon which reliance was placed by the tier above
when this transaction was made or entered into. This disclosure is required
pursuant to 31 U.S.C, 1352 This information will be reported to the
Congress semi-annually and will be available for public inspection. Any
person who fails to file the required disclosure shall be subject to a civil
Signature
Print Name
Title
penalty of not less than $10 000 and not more than $100.000 foreach such
failure.
Telephone No,
Date
Standard Form-LL
PAGE 24 OF 48
DISCLOSURE OF LOBBYING
CONTINUATION SHEET
Reporting Entity: Page of
III
Authorized for Local Keproquction
Page 2 of 3
PAGE 25 OF 48
Page 3 of 3
INSTRUCTIONS FOR COMPLETION OF SF-LL DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of
a covered Federal action, or a material change to a previous filing, pursuant to Title 31 U.S.C. Section 1352. The filing of a form is required
for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a
covered Federal action. Use the SF-LLL-A Continuation Sheet for additional information if the space on the form is inadequate. Complete
all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of
Management and Budget for additional information.
1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a
covered Federal action.
2. Identify the status of the covered Federal action.
3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information
previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted
report by this reporting entity for this covered Federal action.
4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District if known. Check the
appropriate classification of the reporting entity that designates if it is, or expects to be, a prime or subaward recipient. Identify the
tier of the subawardee, e.g., the first subawardee of the prime is the first tier. Subawards include but are not limited to
Subcontracts, subgrants, and contract awards under grants..
5. If the organization filing the report in Item 4 checks "Subawardee", then enter the full name, address, city, state and zip code of the
prime Federal recipient. Include Congressional District, if known.
6. Enter the name of the Federal Agency making the award or loan commitment. Include at least one organizational level below
agency name, if known. For example, Department of Transportation, United States Coast Guard,
7. Enter the Federal program name or description for the covered Federal action (Item 1). If known, enter the full Catalog of Federal
Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments.
8. Enter the most appropriate Federal identifying number available for the Federal action identified in Item 1 (e.g., Request for Offer
(RFP) number, invitation for Bid (IFB) number, grant announcement number, the contract, grant, or loan award number, the
application/Offer control number assigned by the Federal agency) Include prefixes, e.g., RFP-DE-90-001."
9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal
amount of the award/loan commitment for the prime entity identified in Item 4 or 5.
10. (a) Enter the full name, address, city, state and zip code for the lobbying entity engaged by the reporting entity identified in
Item 4 to influence the covered Federal action.
(b) Enter the full names of the individual(s) performing services, and include full address if different from 10(a). Enter Last
Name, First Name, and Middle Initial (MI).
11, Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (Item 4) to the lobbying entity
(Item 10), Indicate whether the payment has been made (actual) orwill be made (planned). Check all boxes that apply. If this is a
material change report, enter the cumulative amount of payment made or planned to be made.
12, Check the appropriate box(es). Check all boxes that apply. If payment is made through an in -kind contribution, specify the nature
and value of the in -kind payment.
13, Check the appropriate box(ex). Check all boxes that apply. If other, specify nature.
14. Provide a specific and detailed description of the services that the lobbyist has performed, or will be expected to perform, and the
date(s) of any services rendered. Include all preparatory and related activity, not just time spent in actual contact with Federal
officials. Identify the Federal official(s) or employee(s) contacted or the officer(s), employee(s), or Member(s) of Congress that
were contacted.
15. Check whether or not a SF-LLL-A Continuation Sheet(s) is attached.
16. The certifying official shall sign and date the form, print his/her name, title, and telephone number.
Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instruction, searching existing
data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden
estimate or any other aspect of this collection of information, including suggestions for reducing this burden to the Office of Management and Budget Paperwork
Reduction Project (0348-0046), Washington, D.C. 29503,
PAGE 26 OF 48
Envirorunental
Protection Agency
OMB Control No: 2090-0030
Approved: 05/ 01 / 2008
Approval Expires: 01/31/2011
Disadvantaged Business
Enterprise Program
DBE Subcontractor Participation Form
NAME OF SUBCONTRACTOR'
PROJECT NAME
ADDRESS
CONTRACT NO,
TELEPHONE NO.
EMAIL ADDRESS
PRIME CONTRACTOR NAME
Please use flee space below to report any concerns regarding the above EPA -funded project reason for
termination by prime contractor, late payment, etc.).
AMOUNT
CONTRACT ITEM OF WORK OR DESCRIPTION OF SERVICES RECEIVED FROM SUBCONTRACTOR
ITEM NO. THE PRIME CONTRACTOR WAS PAID BY PRIME
CONTRACTOR
Subcontractor Signature Title/Date
Subcontractor is defiled as a company, firm, joint venture, or individual who enters into an agreement with a contractor
to provide services pursuant to an EPA award of financial assistance.
EPA FORIA 6100-2 (DBE Subcontractor Participation Form)
PAGE 27 OF 48
Environmental
Protection Agency
OMB Control No:
Approved:
Approval Expires
2090-0030
05/01/2008
01/31/2011
Disadvantaged Business Enterprise Program
DBE Subcontractor Performance Form
NAME OF SUBCONTRACTOR1
PROJECT NAME
ADDRESS
BID/PROPOSAL NO.
TELEPHONE NO.
&MAIL ADDRESS
PRIME CONTRACTOR NAME
CONTRACT
ITEM NO.
ITEM OF WORK OR DESCRIPTION OF SERVICES BID TO
PRIME
PRICE OF WORK SUBMITTED
TO PRIME CONTRACTOR
Currently certified as an MBE or WBE
Contractor Date Print Name Title
under EPA's DBE Prob am? Yes
Signature of Subcontractor Date
No Sib lature of Prime
Print Name Title
'Subcontractor is defined a company, firm, joint venture, or individual who enters into an agreement
��ith a contractor to provide services pursuant to an EPA award of financial assistance.
EPA FORM 6100-3 (DBE Subcontractor Performance Form)
PAGE 28 OF 48
OMB Control No: 2090-0030
Approved: 05/ 01 / 2008
Approval Expires: 01/31/2011
Environmental
AW
Protection Agency
- Disadvantaged Business Enterprise Program
DBE Subcontractor Utilization Form
BID/PROPOSAL NO.
PROJECT NAME
NAME OF PRIME BIDDER/PROPOSER
&MAIL ADDRESS
ADDRESS
TELEPHONE NO.
FAX NO.
The following subcontractorsi will be used on this project:
COMPANY NAME, ADDRESS, PHONE TYPE OF WORK TO BE
NUMBER, AND E-MAIL ADDRESS PERFORMED
ESTIMATE
D DOLLAR
AMOUNT
CURRENTLY
CERTIFIED
AS AN MBE
OR WBE?
I certify under penalty= of perjury= that the forgoing statements are true and correct. In the event of a
replacement of a subcontractor, I=ilI adhere to $Ze replacement requil ements set forth in 40 CFR Part 33
Section 33.302(c).
Sib ature of Prime Contractor
Pru1t Name
Date
Title
Subcontractor is defined as a company; firm, joint venh�re; or individual who enters into au agreement with a contractor to provide services pursuant to an EPA award
of financial assistance.
EPA FORM 61004 (DBE Subcontractor Utilization Form)
rrY END FEDERAL FORMS rr;
THE EPA NO LONGER REQUIRES THIS COST OR PRICE SUMMARY BUT TCEQ COLLECTS AND
UTILIZES THE INFORMATION. PLEASE FOLLOW THE INSTRUCTIONS BELOW.
(COST OR PRICE SUMMARY IS ATTACHED BELOW)
The purpose of this form is to provide a simple form for the display of cost and price data. If the recipient
currently uses a cost and price analysis form which accomplishes the same objectives as this form, the recipient
may use its own form.
INSTRUCTIONS
If this form is used, CAREFULLY READ AND FOLLOW ALL
INSTRUCTIONS. Many items are not self-explanatory. Attach
additional sheets if necessary.
Use only the applicable portion of this form:
Part I is applicable to all subagreements.
Part II is applicable to all subagreements requiring a cost
analysis pursuant to EPA procurement regulations.
Part III is applicable to all subagreements where review is based
on price comparison (i.e., price analysis).
Part IV certification will be executed as required by the
instructions for each block.
PART I -GENERAL
Item 1 -Enter the name
of the recipient as shown on the
assistance agreement.
Item 2 - Enter the assistance identification number shown on the
assistance agreement (or assigned to the project, if no
assistance agreement has yet been executed).
Item 3 - Enter the name of the contractor or Subcontractor with
whom the subagreement is proposed to be executed.
Item 4 - Enter the date of the contractor's or Subcontractor's
Offer to the recipient.
Item 5 - Enter the full mailing address of the contractor or
Subcontractor.
Item 6 - Give a brief description of the work to be performed
under the proposed subagreement.
Part II -COST SUMMARY
This portion of the form is to be completed by the contractor (or
hisJher Subcontractor) with whom a subagreement is a formally
advertised, competitively bid, fixed price subagreement.
Nothing in the following discussion should be interpreted as
recommending the inclusion as direct costs any items normally
treated as overhead costs in the firm's accounting or estimating
system. 40 CFR Part 30 identifies general cost principles
applicable to subagreements under EPA assistance. Pursuant to
that Part, all subagreements awarded to profit -making
organizations are subject to cost principles of 48 CFR 31.2.
Architect engineer and construction contracts are also subject to
48 CFR 310105,
Item 7 -Direct Labor
Direct labor costs normally include salaries at a regulartime rate.
Overtime premiums should be identified separately on an
attachment. Incurrence of unanticipated overtime costs requires
the approval of the recipient at the time of incurrence. If
significant overtime is known to be needed at the time of
completion of the cost review form, the reasons therefore, labor
categories, rates and hours should be identified on the
attachment. Also included is the cost of partners' or principals'
time when they are directly engaged in services to be rendered
under the subagreement. In case the full time of any employee
is not to be devoted to work to be performed under the
subagreement, only the cost of actual time to be applied should
be included. The compensation of a partner or principal shall be
included as direct cost only for the time that she/he is expected
to be engaged directly in the performance of work under the
subagreement and only if it is the firm's normal practice to charge
such time directly to all jobs. The rate of compensation of a
partner or principal shall be commensurate with the cost of
employing another qualified person to do such work, but the
salary portion shall not exceed the actual salary rate of the
individual concerned. Distribution of profits shall not be included
in the rate of compensation.
er in block 7 the categories of professional or technical
Ent
personnel necessary to perform each major element of work
under the subagreement scope of services. Estimate hours
worked for each category and extend them by the wage rates to
be paid during the actual performance of the work. Current
rates, adjusted for projected increases, if any should be useful for
the actual categories of labor contemplated. All projected
increases should be supported by recent experience or
established personnel policy. Enter in the far right column the
totaI estimated direct labor cost.
Supporting records to be maintained by the contractor and which
must be submitted or made available to the recipient or EPA
upon request include:
a. The method of estimating proposed hours worked.
b. The computation techniques used in arriving at proposed labor
rates.
c. The specific documents, books or other records used as
factual source material to develop proposed hours worked and
or rates.
d. Detailed rate computations which were used in computing the
information submitted on the form.
If in block 14a, the contractor has checked "No," a brief narrative
description of the methods used in arriving at items a though d
above shall be included on an attached sheet.ltem 8- Indirect
Costs
Indirect cost may consist of one or more pools of expenses which
are grouped on the basis of the benefits accruing to the cost
objectives represented by the distribution base or bases to which
they are allocated. Since accounting practices vary, the use of
particular groupings is not required. Neither is the use of any
particular allocation base mandatory. However, it is mandatory
that the method used results in an equitable allocation of indirect
costs objectives which they support.
Normally, the firm's accounting system and estimating practices
will determine the method used to allocate overhead costs. The
firm's established practices, if in accord with generally accepted
accounting principles and PROVIDED THEY PRODUCE
EQUITABLE RESULTS IN THE CIRCUMSTANCES, will generally be
accepted. Proposed overhead rates should represent the firm's best
estimate of the rates to be experienced during the subagreement
period. They should be based upon recent experience and be adjusted
for known factors which will influence experienced trends.
Common overhead groupings are overhead on direct labor and general
and administrative expenses. The first groupings usually include
employment taxes, fringe benefits, holidays, vacation idle time,
bonuses, applicable and direct labor, etc. The second generally
includes the remaining costs, which, because of their incurrence for
common or joint objectives, are not readily subject to treatment as
direct costs. It is expected, however, that Offer groupings will
correspond with the firm's normal method for accumulating indirect
costs. (Under some accounting systems, the first grouping would be
included instead under item 7.) No special categorization is required,
provided the results are realistic and equitable.
Direct salaries are the normal distribution base for overhead cost but in
some circumstances other bases produce more equitable results. As in
the case of overhead cost groupings, the method to be used will
depend upon the firm's normal practices and the equity of the results
produced in the circumstances.
In the case of multibranch firms, joint ventures, or affiliates, it is
expected that overhead costs applicable to specific locations) where
work is to be based on cost data from the most recent fiscal periods
updated to reflect changes in volume of business or operations.
Enter in block 8 the indirect cost pools normally used by the firm for
allocation of indirect costs. Enter indirect cost rate for each pool and
extend each one by the rate base to which it applies to arrive at the
estimated indirect costs to be incurred during the actual performance of
the work. If the indirect labor total from block 7 is not used as the rate
base for any of the indirect cost pools, the rate base used must be
explained on an attached sheet.
A brief narrative statement outlining the firm's policies and practices for
accumulating indirect costs. Enter the indirect cost rate costs and the
method used to compute the proposed rate or rates shall accompany
the form. Include comment on the firm's policies regarding the pricing
and costing of principals' time. The normal accounting treatment of
principals' salaries, the annual amounts, and the hourly charge rate, if
used, should be discussed.
Enter in the far right column the total estimated indirect costs.
Supporting records to be maintained by the contractor and which must
be submitted or made available to the recipient or EPA upon request
include:
a. Detailed cost data showing overhead accounts, allocation bases,
and rate computations for the preceding fiscal period. If more than six
months of the current fiscal period have elapsed, cost data for this
period should be included as one of the three period(s).
b. Company budgets, budgetary cost data and overhead rates
computations for future period(s).
Item 9 -Other Direct Costs
The following items are illustrative of costs normally included in this
category of costs:
a. Travel cost, including Transportation, lodging, subsistence, and
incidental expenses incurred by personnef orconsultanfs while in travel
status in connection with the performance of services required by the
contract. The cost principles generally require the use of less than first
class air accommodations and also limit the cost of private aircraft.
(1) Long distance telephone calls, telegraph and cable
expenses to be incurred in connection with tl�e performance of services
required in connection the subagreement.
(2) Reproduction costs, including blueprints, black and white
prints, ozalid prints, photographs, photostats, negatives; and express
charges.
(3) Commercial printing, binding, artwork, and models.
(4) Special equipment.
c. Subcontractors
d. Other Direct costs, if any, not included above.
Enter in blocks 9a-d all other direct costs proposed. Travel costs
entered must be supported by an attachment which identifies the
number of staff trips proposed and the estimated cost per staff trip for
both local and long distance transportation. The number of days and
the rate per day must be provided to support the per diem shown. Each
Subcontract and consultant agreement must be identified separately in
block 9c.
Enter in the far right column on line 9e the total of all other direct costs
(9a-d).
Supporting data to be maintained by the contractor and which must be
submitted or made available to the recipient or EPA upon request
include:
a. basis for other direct costs proposed.
b. factual sources of costs, rates, etc., used in computing
proposed amount of each cost element.
Item 10 -Total Estimated Cost
Enter the total of all direct labor, indirect costs and other direct costs
from items 7, 8, and 9.
Item 11 -Profit
A fair and reasonable provision for profit cannot be made by simply
applying a certain predetermined percentage to the total estimated
cost. Rather, profit will be estimated as a dollar amount after
considering:
a. degree of risk.
b. nature of the work to be performed.
c. extent of firm's investment.
d. Subcontracting of work, and
e. Other criteria.
The federal Acquisitions Regulation cost principles applicable to
subagreements with profit -making organizations (40 CFR 31.2 and
31.105) disallow certain types of costs which are sometimes incurred
by firms in the normal conduct of their business. Examples of costs
which are not allowable under these costs principles include, but are
not Iirnited to, entertainment, interest on borrowed capital, and bad
debits. Because the Government considers 'profit" to be the excess of
price over allowable costs, such computation can indicate a higher
profit estimate than the firm's experienced profit as it customarily
computes it.
The contractor may separately disclose to the recipient its customary
computation.
Enter the dollar amount of profit in block 11.
Item 12 -Total Price
Enter the total of items 10 and 11.
Part III -PRICE SUMMARY
This portion of the form is for use by a recipient when price comparison,
b. Equipment, Materials, and Supplies
on�c �a nc no
i.e. price analysis, is used for subagreement review. It may also be
used by a contractor when price comparison is used as a basis for
award of a Subcontract.
Item 13 -Competitor's Catalog Listings, In -House Estimates, Price
Quotes
Enter sources of all competitive bids or quotes received, or catalogs
used and their prices, or in-house estimates made, if appropriate, for
comparison. Attach additional sheets if necessary, particularly for
purchases of several different items.
Enter in the far right column the proposed price for the subagreement.
Part IV -Certifications
Item 14 - Contractor - FOR USE BY CONTRACTOR OR
SUBCONTRACTOR ONLY.
Complete this block only if Part II has been completed.
Enter the specific cost principles with which the costs summary of Part
II conforms. Cost principles applicable to subagreements with various
types or organizations are identified in 40 CFR Part 30.4010. Cost
principles applicable to subagreements with profit -making organizations
are those at 48 CFR 31.2 and, for architect -engineer or construction
contracts, 48 CFR 31.105.
c. (1) Describe the Offer, quotation, request for price adjustment, or
other submission involved, giving appropriate identifying number (e.g.,
RFP No. ).
(2) Enter the date when the price negotiations were concluded and
the contract price was agreed to. The responsibility of the
subagreement is not limited by the personal knowledge of the
contractor's negotiator if the time of agreement, showing that the
negotiated price is not based on complete, current, and accurate data.
(3) Enter the date of signature. This date should be as close as
practicable to the date when the price negotiations were concluded and
the subagreement price was agreed to (not to exceed 30 days).
Item 15 -Recipient Reviewer -FOR USE BY RECIPIENT ONLY.
If required by applicable assistance regulations, the recipient must
submit the signed form for EPA review prior to executive of the
subagreement.
Item 16 -EPA Reviewer -FOR USE BY EPA ONLY.
OA/�C o� n� .+o
�
®�
COST OR PRICE SUMMARY
EPA (see accompanying instructions before completing this form)
PARTI-GENERAL
Form approved
OMB No. 2030-0011
Approval expires 10-31-86
1. RECIPIENT
2. ASSISTANCE IDENTIFICATION NO.
3. NAME CONTRACTOR OR SUBCONTRACTOR
4. DATE OF
PROPOSAL
5. ADDRESS OF CONTRACTOR OR SUBCONTRACTOR
(Include ZIP Code)
6. TYPE OF
SERVICE TO BE FURNISHED
TELEPHONE NUMBER(Include Area Code)
PART II - COS7 SUMMARY
7. DIRECT LABOR (specify labor categories)
ESTIMATED
HOURS
HOURLY
RATE
ESTIMATED
COST-
TOTALS
$
I
$
DIRECT LABOR TOTAL:
$
8. INDIRECT COSTS (Specify indirect cos[ pool)
RATE
x BASE =
$ I
ESTIMATED
COST
�
INDIRECT COSTS TOTAL:
�
9. OTHER DIRECT COSTS
a. TRAVEL
(1)TRANSPORTATION
(2) PER DIEM
TRAVEL SUBTOTAL:
ESTIMATED
COST
�
$
$
b. EQUIPMENT, MATERIALS, SUPPLIES (Specify categories)
QTY
COST
$ I
ESTIMATED
COST
$
EQUIPMENT SUBTOTAL:
c.SUBCONTRACTS
ESTIMATED
COST
on�� �� n� no
Con
ra
tM1 9mg PM2.5aM nitor �eohone number of reviewing office)
TCEQ Contract
Number: 582-11-86421
i
14b.
I THIS SUMMARY CONFORMS WITH THE FOLLOWING COST PRINCIPLES
14c.
This proposal is submitted for use in connection with and in response to:
This is to certify to the best of my knowledge and belief that the cost and pricing data summarized herein are
complete, current, and accurate as of:
(2) DATE
I further certify that a financial management capability exists to fully accurately account for the financial transactions under
be subject to downward renegotiation and/or recoupment where the above cost and pricing data have been determined, as
above.
(3) TITLE OF SIGNATURE OF REVIEWER
PROPOSER
this project. I further certify that I understand that the subagreement price may
a result of audit, not to have been complete, current, and accurate as of the date
DATE OF EXECUTION
15.
RECIPIENT
REVIEWER
I I certify that I have
TITLE OF
PROPOSER
reviewed the cost/price summary set forth herein and the proposed cost/price appear acceptable for subagreement award.
SIGNATURE OF REVIEWER
DATE OF EXECUTION
16. EPA
REVIEWER
TITLE OF
PROPOSER
SIGNATURE OF REVIEWER
DATE OF EXECUTION
Contract Name: PV12.5 Monitoring
TCEQ-Contract Number: 582-11-86421
Attachment A
1 STATE AGENCY ORGANIZATION
:UNIT TO WHICH REPORT IS
'.SUBMITTED:
2. GRANT/CONTRACT TITLE:
3. PAYEE IDENTIFICATION NUMBER: ( 4. RECIPIENT ORGANIZATION (INANE ANll COMPLETE Allllxl±::;5,
INCLUDING ZIP CODE) :
TCEQ CONTRACT NUMBER:
FINAL YES NO
REPORT:
ACCOUNTING CASH ACCRUAL
BASIS:
8. TOTAL PROJECT/GRAINY PERIOD
10. BUDGET
CATEGORIES:
a.Personnel/Salary
b.Fringe Benefits
c.Travel
d.Supplies
.Equipment
(.Contractual
g,Construction
h.Other
;.Total Direct
Costs (Sum a -
h)
Approved
Budget
9. PERIOD COVERED BY THIS REPORT:
?roject Cost I Cumulative
This Report Project Cost
Balance **
j.Indirect Costs
k.Total (Sum of
i & j)
*List (Itemize) on the appropriate supplemental form all component expenses comprising the
total for each of these categories.
Please attach receipts, as required, in accordance with Attachment B of your contract.
**Negative balances in any of the budget categories should be explained in a brief
accompanying narrative.
11. CERTIFICATION I certify to the best of my knowledge and belief that this report is correct
and complete and that all outlays and unliquidated obligations are for the purposes set
forth in the award document.
ignature of Authorized Certifying
fficial
Typed or Printed Name and
Title
Telephone (Area code, number and
Date Submitted
ext.)
Contract Name: PM2.5 Monitoring TCEQ Contract Number: 582-11-86421
ITEMIZATION OF EQUIPMENT AND CONTRACTUAL COSTS
EQUIPMENT PURCHASES (during this report
period)
NUMBER
PURCHASED
ITEM DESCRIPTION
(Should match description
provided for approval)
UNIT
COST
TOTAL
COST
TASKS
:TOTAL EQUIPMENT
269a)
EXPENDITURES (must agree with
line 10e on Form
C®NTR�CTU/�L EXPENDITURES (during this report period)
SUBCONTRACTOR (NAME)
FOR
AL CONTRACTUAL EXPENDITURES (must agree with line 'i0t on Form 269a)
COST (THIS PERIOD) �� TASKS
* LEGIBLE PURCHASE ORDER ANDlOR INVOICES MUST BE ATTACHED TO THIS FORM FOR EACH LISTED ITEM OR
EXPENDITURE.
Contract Name: PM2.5 Monitoring
ITEMIZATION OF CONSTRUCTION COSTS
TCEQ Contract Number: 582-1 1 -86421
ICONSTRUCTION COSTS (during this report period)
DESCRIPTION
PURPOSE
COST (THIS PERIOD)�]
TASKS
OTAL CONSTRUCTION EXPENDITURES (must agree with line 10g on Form 269a)
$
*LEGIBLE DOCUMENTATION MUST BE ATTACHED FOR ALL LISTED EXPENDITURES.
Contract Name: PM2.5 Monitoring
TCEO Contract Number: 582-11-86421
SUPPLIES PURCHASED (during this report period)
NUMBER ITEM DESCRIPTION UNIT TOTAL TASKS
PURCHASED (Should match description provided for approval) COST COST
TOTAL SUPPLY EXPENDITURES (must agree with line 10d on Form 269a) $
���E� EXPENDITURES (during this report period)
NUMBER
PURCHASED
DESCRIPTION
UNIT
COST
TOTAL
COST
TASKS
TOTAL OTHER EXPENDITURES (must agree with line 1 Oh on Form 269a)
$
*LEGIBLE RECEIPTS OR OTHER SUBSTANTIATING DOCUMENTATION MAY BE ATTACHED FOR EXPENDITURES
THAT EQUAL OR EXCEED $500.
39 of 48
Contract Name: PM2.5 Monitoring- TCEQ Contract Number: 582-11-86421
ITEMIZATION OF PERSON NEUSALARY AND TRAVEL COSTS
PERSONNEL/SALARY EXPENDITURES (during this report period)
EMPLOYEE NAME TITLE/POSITION SALARY (THIS TASKS
PERIOD
TOTAL PERSONNEL/SALARY EXPENDITURES (must agree with line 10a on Form 269a)
TRAVEL EXPENDITURES (during this report period)
DESCRIPTION
REASON
COST (THIS PERIOD
TASKS
TOTAL TRAVEL EXPENDITURES (must agree with line 10c on
Form 269a)
* SUBSTANTIATING DOCUMENTATION (time sheets, travel receipts, etc.) MAY BE REQUIRED TO BE ATTACHED TO
THIS FORM
Contract Name: PM2.5 Monitoring
TCEQ Contract Number: 582-11-86421
1. The PERFORMING PARTY, in order to obtain reimbursement for those expenditures authorized under this Contract, shall
submit, a completed, legible TCEQ Financial Status Report (TCEQ Form 269a) and any required TCEQ Supplemental 269a
forms. Unless directed otherwise in the Contract, the PERFORMING PARTY shall submit such payment request documents
by not later than twenty-one (21) days after the close of each state fiscal year quarter. The reporting periods shall also
correspond to the State of Texas fiscal year quarters (September -November; December -February, March -May; June -August),
Each Financial Status Report shall indicate, for each budget sub -category the PERFORMING PARTY'S project expenditures
for the period in question, the cumulative expenditures with respect to each budget sub -category, and the balance remaining
in each budget sub -category following reimbursement of the amount being requested. A quarterly Financial Status Report is
required even if no expenses were incurred during the report period.
2. All requests for reimbursement of expenditures that fall within either the "Equipment" or "Contractual" categories of the
Contracts Cost Budget shall be itemized by the PERFORMING PARTY on Supplemental Form 269a-1 and identified with
respect to the major tasks or objectives, set forth in the Scope of Work, that such expenditures support or satisfy. In addition,
the PERFORMING PARTY shall attach, for each reimbursable cost listed on Supplemental Form 269a-1, legible
documentation that (1) serves to further identify the specific piece of equipment received or the services provided, (2) clearly
identifies the vendor or subcontractor who provided the equipment or services, and (3) that confirms the reimbursable amount
listed on the form. In the case of equipment purchases, the attached documentation shall be either a purchase order marked
"received/paid" or a vendor -submitted invoice similarly marked. In the case of subcontractor provided services, the
documentation shall consist of a dated invoice that shows the amount billed to the PERFORMING PARTY and any "past due"
amount from previous invoices.
3. All requests under this Contract for the reimbursement of expenditures that fall within the "Construction" category of the
Contracts Cost Budget shall be itemized by the PERFORMING PARTY on Supplemental Form 269a-2 and identified with
respect to the major tasks or objectives, set forth in the Scope of Work, that such expenditures support or satisfy. In addition,
the PERFORMING PARTY shall attach, for each reimbursable cost listed on Supplemental Form 269a-2, legible
documentation that (1) serves to further identify the specific cost, (2) clearly identifies the vendor or subcontractor who
provided the construction related materials or services, and (3) that confirms the reimbursable amount listed on the form. The
attached documentation shall be either a purchase order marked "received/paid" or an invoice similarly marked. In the case
of subcontractor provided construction services, the documentation shall consist of a dated invoice that shows the amount
billed to the PERFORMING PARTY and any "past due" amount from previous invoices.
4. All requests for the reimbursement of expenditures that fall within either the "Supply" or "Other" categories of the Contracts
Cost Budget shall be itemized by the PERFORMING PARTY on Supplemental Form 269a-3 and identified with respect to the
major tasks or objectives, set forth in the Scope of Work, that such expenditures support or satisfy. In addition, for any
single -listed item or service costing more than $500, the PERFORMING PARTY shall attach, for each reimbursable cost listed
on Supplemental Form 269a-3, legible documentation that (1) serves to further identify the specific items or services, (2)
clearly identifies the vendor or subcontractor who provided the items or services, and (3) that confirms the reimbursable
amount listed on the form. Although issued purchase orders and/or invoices marked "received/paid" represent the preferred
types of documentation for purposes of this section, the PERFORMING PARTY may substitute/attach other records or
documents that provide the same type of information. The PERFORMING PARTY shall not intentionally break up single
orders of identical or similar items, materials or supplies simply for the purpose of avoiding the above requirement to provide
confirming documentation when submitting reimbursement requests to the TCEQ.
5. All requests for reimbursement of expenditures that fall within either the "Personnel/Salary" or "Travel" categories of the
Contracts Cost Budget shall be itemized by the PERFORMING PARTY on Supplemental Form 269a-4 and identified with
respect to the major tasks or objectives, set forth in the Scope of Work, that such expenditures support or satisfy. Although
no supporting documentation is required to be attached to Supplemental Form 269a-4 with respect to reported
"Personnel/Salary" expenditures in order to receive reimbursement, the PERFORMING PARTY is expected to maintain
signed time sheets that can serve to verify the total, overall hours of staff time being directly billed to this Contract. With
respect to employee travel, all costs listed on Form 269a-4 must be supported by attached documentation that identifies the
name of the traveler's, and that substantiates the reported reimbursable costs. Documentation, for the purpose of
substantiating travel -related costs, includes the following: (1) legible copies of the PERFORMING PARTY -approved travel
vouchers, signed by the employees who traveled, and (2) for any travel -related expenses under this contract borne directly by
the PERFORMING PARTY (and thus for which reimbursement by the PERFORMING PARTY to the travelerwas not required)
separate receipts showing, at a minimum, the traveler's name, the travel location, and the travel date(s).
6. When a single expenditure supports or satisfies more than one task or objective, the PERFORMING PARTY need not
breakdown that particular expenditure by specific contract task or objective but may simply identify, in relative cost order, the
various tasks or objectives supported.
Contract Name: PM2.5 Monitoring
TCEQ Contract Number: 582-11-86421
T ItT o ,
_F
� A
HUB Subcontracting Plan O
attachment
B
Vrome Contractor Progress
Assessment Report
MEM
Contract/Requisition Number: (a)
Date of Award: (b)
Object Code:
c
(mm/dd/yyyy)
(Agency Use Only)
Contracting Agency/University Name: (dl)
W2)
Contractor (Company) Name: (e)
State of Texas VID M
(f)
Point of Contact: (g)
Phone #:
(h)
Reporting (Month) Period: (i)
Total Amount Paid this Reporting Period to Contractor:
(j)
NUB and Non
Report HUB
3 subcontractor information
Subcontractor's Name Subcontractor's VID or
'Texas Total Contract $ Total $ Amount Paid
Total Contract $
t Code
Ussee O
(Ageency Only)
(Agency
HUB Certificate Number
Certified Amount from HSP This Reporting Period
Amount Paid to
HUB? with Subcontractor to Subcontractor
Date to
(Yes or
Nal
Subcontractor
(kl)
(k2)
(I)
(m)
(n)
(o)
(p)
$
$
$-
$- $
$-
Signature:
Title: Date:
*Note: HUB certification status can be verified on-line at:
http://www2.cpa.state,tx,us/cmbi/hubonly.htmi
Rev.10107
Contract Name: PM2.5 Monitoring
TCEQ Contract Number: 582-11-86421
Texas commission on Environmental Quality
Historically Underutilized Business (HUB)
- Instructions for prime contractors on how to fill out the Progress Assessment Report (PAR) form. Refer
to attached PAR form in Excel.
(a) Contract/Requisition Number: enter your contract number, for example: 582-9-8987�
(b) hate of Award: enter award date of contract.
(c) Leave this blank, agency to fill n.
(dl) Contracting Agency/University Name: enter Texas Conunission on Enviromnental Quality
(d2) Enter Work Order number (example 228-0123,) and Invoice Number
(e) Contractor (Company) Name: enter your company name as stated in the Contract
(f) State of Texas VID#: Prime contractor Vendor Identification Number
(g) Point of Contact: enter company's representative
(h) Phone#: enter point of contact phone number, start with area code (xxx.)7yy.zzzz) or your 1.800
number
(i) Reporting (month) period: enter invoice service period
J) Total amount paid this reporting period to prime -contractor: Include lump sum of all totals
paid to prime contractor and all sub -contracting for this invoice period. This should equal in sum
to the prime contractor invoice.
(kl) Subcontractor's name: list all your subcontractors. This will include all HUB and non -HUB
Subcontractors listed on the HUB Sub -contracting Plan, HSP.
(k2) Subcontractor's VID
(1) Texas Certified HUB? (Yes or No): enter YES if the subcontractor is an Active HUB
(in) Total Contract $ Amount from HSP with Subcontractor: enter the amount from HSP, by
multiplying the percentage goals with your Contract Amount. This amount will be the same
throughout the life of the Contract, unless an amendment has taken place.
(n) Total $ Amount Paid This Reporting Period to Subcontractor: enter the participation amount
tn
from Subcontractor for this invoice only.
(o) Total Contract $ Amount Paid to Date to Subcontractor: enter the total amount for this
subcontractor invoicing from the initiation of this contract.
(p) Leave this blank; agency to fill-in.
If you have any questions please feel free to contact the TCEQ HUB office at 512/2394273.
Contract Name: PM2.5 Monitoring
TCEQ Contract Number: 582-11-86421
Atiachiment C
TE/VAS COMMISSION ON ENVIRONMENTAL QUALITY
hereby releases the TeAas Commission on Environmental Quality (TCEQ), its
officers, agents, and employees from any and all future claims arising under or by virtue of TCEQ
Contract Number
Further certifies that all subcontractors, suppliers, employees and any party which has performed or
provided service for this contract has been paid in full and satisfied.
All services and tasks required to be completed under the referenced contract have been completed.
Prompt payment, therefore, of any and all funds which may have been "retained" b3T TCEQ in
accordance with said contract is requested.
Executed on this
day of
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Page 1 of 2
City of Fort Worth, Texas
Mayor and Council C
Hilt
unication
COUNCIL ACTION: Approved on 7/13/2010 -Ord. No. 19213-07-2010
DATE: Tuesday, July 13, 2010
LOG NAME: 52TCEQ PM2.5 FY11
REFERENCE NO.: **C-24316
SUBJECT:
Authorize the Execution of an Intergovernmental Cooperative Reimbursement Agreement In the Not To
Exceed Amount of $30,712.66 with the Texas Commission on Environmental Quality for the Operation of
Local Air Pollution Particulate Emission Monitoring Sites and Adopt Appropriation Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to execute an Intergovernmental Cooperative Reimbursement Agreement
with the Texas Commission on Environmental Quality for the period of September 1, 2010 through August
31, 2011 with a not to exceed amount of $30,712.66;
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Grants Fund in the amount of $30,712.66 in Fiscal Year 2010-2011, subject to receipt of an executed
contract amendment; and
3. Apply indirect cost at the most recently approved rate of 21.48 percent for the Environmental
Management Department.
DISCUSSION:
In 1998 the United States Environmental Protection Agency (EPA) revised its measurement standards for
Particulate Matter (PM) emissions into the atmosphere. Since Fiscal Year 1999-2000, the Texas
Commission on Environmental Quality (TCEQ) has contracted with the City for operation and
maintenance of the monitoring equipment provided by the TCEQ for three PM monitoring stations. The
location of each station is as follows:
Haws Athletic Center 600 Congress Street 2 monitors Council District 2
Arlington Municipal Airport 5000 South Collins Street 1 monitor
The City is responsible for retrieving the sampling filters and data, sending filters and data for analysis and
performing regular audit and maintenance activities on the equipment under the terms of the contract.
The Agreement period begins September 1, 2010 and ends August 31, 2011, with a limit of $30,712.66 for
reimbursement of expenses to the City of Fort Worth with the option to renew the Agreement for three
additional one-year periods upon written consent of the parties by an Amendment to this Agreement.
FISCAL INFORMATION /CERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above recommendations,
receipt of grant funds and adoption of the attached appropriation ordinance, funds will be available in the
current operating budget, as appropriated, of the Grants Fund. Funds will be reimbursed by grantor after
expenditures are made.
FUND CENTERS:
http://apps.cfwnet.org/ecouncil/printmc.asp?id=13675&print=true&DocType=Print 7/20/2010
Page 2 of 2
TO Fund/Account/Centers
2)GR76 451543 052412121000
2) GR76 5(VARIOUS) 052412121010
CERTIFICATIONS:
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
$30,712.66
$30,712,66
ATTACHMENTS
1. 52TCEQ PM2.5 FYI AO.doc (Public)
FROM Fund/Account/Centers
Fernando Costa (6122)
Brian Boerner (6647)
Michael Gange (6569)
http://apps.cfwnet.org/ecouncil/printmc.asp?id=13675&print=true&DocType=Print 7/20/2010
ME
INTEROFFICE MEMO
TO: Tara Sims, Environmental Management Department
FROM: Allison Tidwell, City Secretary's Office
DATE: July 26, 2010
SUBJECT: INTERGOVERNMENTAL COOPERATIVE REIMBURSEMENT
AGREEMENT IN AN AMOUNT NOT TO EXCEED $30,712.66 FOR
OPERATION OF LOCAL AIR POLLUTION PARTICULATE EMISSION
MONITORING SITES (C-24316)
These documents are being forwarded to you for original signatures from the Texas Commission on
Environmental Quality. All signed copies of the contract must be returned with original signatures
for final processing.
Failure to return the documents will delay the final processing of the contract. Once we have
received all of the documents, we will assign a contract number. Thank you in advance for your
cooperation.
If you have any questions, please call me at 817-392-6090.
Attached: 4 sets