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HomeMy WebLinkAboutContract 28059,., � ; � � 1' THE STATE OF TEXA.S COUNTY OF TRAVIS �i;__ ,l;". . � ' i ��� '� I • . �f �: ; ' �,� CONTRACT # 5�2�3�44673 AGREEIVIEI�TT I1�T'TERAGEI�CYIIiiTTERLOCAL �f�Y ����������� w _ CATEGORY I CON`1�RRCT �'� , �� Fort Worth Ozone Air Monitorin� NameofProjeet THIS AGREEMENT is entiered into by and between: the Texas Natural Resource Conservaiion Cammission, an agency af the Staie of Texa.s (hereinafter TNRCC), and � The Citv of Fort Worth , an agency or political subdivision of the State of Texas (hereinafter PERFORMING PARTY), pursuant to the authority gz'anted and in cornptianee with applicable provisions of the Interageney Cooperation Act, T�. Gov''r. Cop� ch. 771 and Itxtergavernmental Caoperation Act, T�t. Gov'T Confi eh. 791. TNRCC and 1'ERFQRMING �ARTY, in considexatzon of the rnutual covenanfis h�r�inafter set fnrth, agree as follows: ARTICLE 1. VVORK See atkached 5cope of Work. ARTICLE 2. PRICING AND PAYMENT See attached Contract Costs Budget (for payment based on reimbursement of actual costs) or Schedule of Fixed Rates (for payment at fixed rates based on the nearest practicable estimate of actual costs). ARTICLE 3. MAXiMUM AMOUNT OF CONTRACT The total amount of this Contraet shafl not exceed: Sixt`+ Thousand Dollars and na cents $ 60,000.00 (Written amount} ($ numerical amormt) unl�ss this Contract is amende�i in writing. It is expressly understoad and agreed by tiie parties hereto tt�at the perFormance on tl�e part of the TNRCC of its ob�igatians hereunder is contingent upon and subject to actual r�ceipc by the TNRCC af suff'�cient and adequate funds from the saurees contemplated by this Con�ract. ARTiCLE 4. 'I`ERM OF CONTRACT This Cantract snall begin on 911 , 20 d2 , and shali termiria�te on full performance, which is due on 8/31 , 2D �3 , unless terminated early or extended in accordance with the terms of the Contract. 1 , �'��'�l� �4� � f' � I . f k IL�"I d�� ��i , . i� �I d�. ARTTC�,E 5. C�RTIFTCATIDNS 1. THE UNDERSIGNED CQNTRACTING PARTiES do hereby certify that {1) the services specified above are necessary and essential for aetivities that are prop�;rly within the statutory functions and programs of the parties, (2} the proposed arrangements serve the interest of ef�icient and econamical adrninistration of 5tate Government, and (3) the services, supplies or materials contractetT for are nnt requ�red by Section 21 of ArEicle 16 of the Constitution of Texas tfl be supplied under contract given to the lowesr responsible bidder. 2. The TNRCC further certifies that it has the authority tn contract far the above services by authority granted in the Current Appropriations Act, 2Ild TEX. WATER CQDL � 5.229. 3. PERFORMING PARTY further certi�es that it has authority to perform the services contracted for herein, ARTICLE 6. CONTRACT DOCUMENTS The Contract Docum�nts which comprise the entire Contract between TNRCC and FERFORMING PARTY concerning tb.e Work consist of the following: 1, Scop� of Worrk 2. Project Representatives / Records Locat�on 3. aciditianal exhibits titled: 4. One o£ the fallowing (wi►ichever is checked): 3�l Contracts Costs Budget ox ❑ Schedule of Fixed Rates (If neither is checked, or both are checiced, this Contract is voia� 5. General Conditions 6. One of the following (wluchever is checked): o Federai Conditions or � DELIBERATELY OMITTBD (Federal Conditians are not incorporated into this Contract) (If neither is checked, or botfi are checked, this Contract is void) There are no Contract Dacu�nents other than those listec� above in this Article. The Contract Docutnents may be ameaded, modified or snpplearzze�zted anly as provided in the General Conditions. Con�ract #582-3-4�4673 2 1 1�� ��( The undersig�ed bind themsel�es to the faithful performance of this Contract: TNRCC: PERFORNYING PARTY: Texas Natural Resource Canservation Co 'ssion By: :� _ _ Au orized Si�ure Steve Spaw Printed Nanne Director, Monitoring Opera�ions Div. Title Date: �'��� �`"l� i C�tv,c�'�ort Wort�. , `�1 �,� �� , - ,�� �y:_ � � ` - A'+'uthorizecf5ignature L.ibbv Watson Printed Name Assistant Ci�y Manager Tit1e � Date: '+�/�� �' � � Contract #582-3-55809 3 � J� � l ���y � Af�/ �� �� �VZtl.LTJL tld JM�1�1����• �6+ �I • �/ �f � ���n�ture . �_ � " _). � ' � - . T�tl�; �4,. �i� �tfio��y �'T'���'e �y s��n���� ���fl�� �� �-- _ ���Ne: cj� ������� ���. � �� � � ��� ��- ��� -_ - �, : ��������CflQd ���� ��� ., ��i�"�' �t���Y �` I' i'U� U�"i �_' r� , �� � : � Scope of Wor� Fort Wor�h Qzone Air li+Ionitoring Contract T. Facts/Purpose Overview and P►araose The City of Fort W��h, Air Divisian of the Environm�ntal Managemen� Department will operata and maintain th�ree continuous air monitoring stations (C.AMS), twa located in Tarrant County, and a third in Parker Gounty. All three stations wi11 be equipped with an ozone monitor and a meteorological tower to monitor for wind speed, wind direction, and t�mperature, II. TNRCC Responsibilities/Designation of Staff A. TNRCC Resnonsibilities The TNRCC will be respansible for providing a11 the �equired ai:r monitoring equipment, paxts, and supplies for the proper operation of the air monitaring stations. If major repairs are needed, equipment will be shipped �o the Ambient Moni�toring Section (AMS} of fihe TNRCC in Austin and AMS staff will repair or replace the equipment as appropriate. Technical snpport and training for the CAMS operators will be parovided by the �1M5 staff in Austin and/or the TNRCC regional staff in Arlington. The TNRCC regional staff in Arlington and/or in Austin will assist City of Fort Worth staff in obtaining access ta monitoring sites. The TNRCC Quality Assurance staff from Austin will canduc� annual perfa�tnance and technical system audits oFthe air rnozutoring stations. The TNRCC will rnonitor the status of the CA11�IS stations from Austin. B. Desi�nation of Staff Tba TNRCC project r�presentatxve will be Mr. Scott Mgebroff of th� Ambient Monitoring Section. The Systems Planning and Implementation Team of the Ambient Monitoring Sectian staff will be available for technica� consultation and training. III. The City of Fo� Worth Responsibilities: A. The City of Fnrt Worth will provide two (one primary, ane backup) electricallmechanical grade technicians capable of operating and performing light maintenance on meteorological hardware and electronic manitoring equipment. Eaeh individual will have the capability to use Digital Volt Meter (DVM) and PC computers. The City of Fort Worth staff will operate the air manitaring stations aceording to established standard operating procedures. The City of Fort Worth sta.ff will be responsible far travel arrangements and expenses associated with the training and meetings. The City ofFort Worth will designate a praj ect r�pres�ntative who Cantract #582-3-44673 �4 •'! wi11 r�ceive directaans from TNRCC, manage the work being performed, and act an behalf of th� City of Fort Worth as an Authorized Representativ�. IV. Deliverables The City af Fort Worth will operate and maintain the CAMS stations accarding to the established guidelines far operating a CAMS station, including the span source audits �very s� weeks and preventive maintenancE according to schedule. TNRCC will monitar thc status of the CAMS stations from Austin. In the case wh�re an equipment failure requares a site visit by the CAMS oparator, TNRCC requests that the visit be made on the same day but requires tha.t t�e site visit be made by the n�xt working day in arder to minimize data loss. Cantract #SS2-3-44673 5 . .� , . PROJECT REPRESENTATIVES RECORDS LOCATION ARTICLE I. PERFORMING PARTY The term "PERFORMING PARTY" as used ia� this Project Representatives / Records Locatian means either PERFORMING PARTX or CONTRACTOR, as applicable. ARTICLE 2. TNRCC PROJECT REPRESENTATIVE The individual named helow is the TNRCC Project Representative, who is arzthorized to give and receive cammunications and directions on behalf of the TNRCC. A11 communications izzcluding all payment requests must be addressed to tb.e TNRCC Project Representative or his or her designee. �tx��� Edward Michel Telephone No.: ���� 5�.2/239-1384 (I�lamey �����x 165 Facsimile No.: 5121239-1605 (TiUe) {MaSI Cade) Texas Natural Resource Conservation Cammission P.O. Bax 13087 Austin, Texas 78711-3687 ARTICLE 3. PER�ORMING PARTY PROJECT REPRESENTATIVE The individual named belot�v is the PERFORMING PARTY Projeci Representative, who is autharized ta give and receive communicatians and directions on hehalf of tk�e PERFORMING PARTY. A31 communications to the PERFORMING PARTY will be addressed to the PERPORMING PARTY Project Representative or his or her desig�nee. T. C. Michael (Name} Enviranmental Program Manaaer. .A.ir Division (3'iqe) 5000 Martin Luther Kine Freewav (Maiiing Address) Telephone No.: 8171871-5455 Facsimi�e Na.: 817-871-5464 Fort Warth 'I� 76119 c�«S') (state> (zip code) ARTICLE 4. SUBMITTAL OF PAYMENT REOUESTS Payznent requests must be submitted to (whichever is checiced); �. the TNRCC Project Represeniative. ❑ the TNRCC Disbursements 5ection. (tf neither box is checked, payment requests must he submitted to the TNRCC Disbursements Sectaon}. ARTICLE 5. DESIGNATED LOCATION FOR REC�RDS ACCESS AND REVIEW The FERFORMING PARTY designates the physical location indicated below for record access and review puxsuant to any applicable provision of this contract: Citv of Fort Worth. Air Divisian (C.ocation) SOf?0 Martin Luther Kine Freewav (Mailing Address} �ort Worth TX 76114 (CiEy) (State) (Zip Code) Cantract #582-3-44673 �� Contract Cosis Bud�et ARTTCLE 1. BUDGET 1. Authorized budgeted expendi#ures under tlus Contract are as follows: PersonnellSalary . . . . . . . . . . . . . . . . . . . . . FringeBenefits ....................... Travel ............................. Supplies ........................... Equipmenfi. . . . . . . . . . . . . . . . . . . . . . . . . Contractual . . . . . . . . . . . . . . . . . . . . . . . . . Consiruction . . . . . . . . . . . . . . . . . . . . . . . . Other.............................. $ 43,658,00 $ S,D35.00 $ 1,500.00 $ 3Q0.00 $ O.OD $ aao $ 0.00 $ 6,507.a0 Tofal Direct Costs . . . . . . . . . . . . . . . . . . . . $ bQ,000.00 Authorized Yndirect Costs . . . . . . . . . . . . . . $ 0.00 Total Budgeted Cosis . . . . . . . . . . . . . . . . . $ 60,000.00 ARTICLE 2. BUDGET CONTROL AND TRANSFERS Cumulative transfers among the budgeted dixect cast categories must not exaeed ien percent (10%) of th� current Total Budgeted amount. ARTICLE 3. SUBMITTAL OF PAYM�NT REOUESTS Payment requesfis must be submitted at ihe interval speci�'ied below (whichever is checked; if none is cbecked, payment requests must be submitted monfihly; if mare than one is checked, invoices must be submitted whan both requirements a;re me�): ❑ mon�hly. ❑ upon completion of deliverables herein (see i• ❑ upon completion of all Work. � Otlaer {spec:ify) Ouarterlv Contract #582-3-44673 7 GENERAL CONDiTION5 INTERAGENCYIINTERLOCAL PURCHASES CATEGORYI ARTICLE I. �'ORK PERFORMING PARTY agrees to provide the work desczibed in and required by this Contract. In this Contract the term "Wark" means the entire campleted undertaking, or the �arious separately identiff�ble parts thereof. Work includes all goods, labor, services, materia�s and equigment provided in fulfillment of this Contract by any person or entity ineluding PERFORMING PARTY's employees, agents, assigns, sugpliers, aud subcontractors. ARTICLE 2. AMENDMENT This Contract may be amended only by written agreement signed by both parties. ARTICLE 3. INSURANCE PERFORMING PARTY will require its contractars and their subcontractors to naaiw.taiu� insnrance cav�rage sufficient to protect TNRCC against any and all claims that may arise out of or resulting from their performance of the Wori� and the other obligations undertaken in this Contract, atid to maintain Workers Compensation Insurance which complies with Texas statutory requuements. ARTICLE 4. ACCEPTANCE, CORRECTIONS, WANER. WARRANTY, OiTALIT`Y L Acceptar�..ce. All Work must be complete and satisfactory in the reasonahle judgment of the TNRCC. 2. Carrections. PER�ORMING PARTY will correct ezrors, aznissions, and deiiciencies at nn chatge to tt�e TNRCC. 3. Waiver. No vaaiver, vvhether expressed or implied, shall be coz�strued as a continuing waiver unless it is speci,fically described in writing as a continuing waiver. 4. Warranty. AIi warranties implied by law are applicable to the Wnrk. Nothing in this Contract nor any action of the TNRCC will aet as a disclaimer af any warranty, All warranties are for a period of ONE YEAR from the daie of acceptance unless a different periad is stated in tlus Contract or in a written warranty. PERFORMING PARTY expressly warrants that the TNRCC will receive the benefits of tk�ird-party warranties (whether manufaeturer or supplier} applicable to the Work. 5. Quality. All materials and equipment shall be of good qualitq and new, except as otiierwise provided in the Contract. If required by TNRCC, PERFORMING PARTY will furnish satisfactory evidence (which may inciude reports of requ�red tesis} as to the kind and quaIity of materials and equipment. All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with instructions af the applicable Supplier, except as otherwise pra�ided in the Cantract. ARTICL� 5. PAYM�NT 1. Payment Methods. TNRCC will reimburse PERFrORMING PARTY's allowable costs af providing Work which is satisfactary, accepted 6y TNRCC, and in conformity witb all requurements of this Contract and applicable law. Payment will be either on a basis of a) reimbursement of actual costs as incurxec3, or b) agreed upon �ixed rates which are the nearest practicable estimate of PERFORMING PARTY's actual costs. 2. Reimhursement af Actual Cost as Incurred. If this Gontract contains a Co�ati'act Costs Budget, PERFORMING PARTY will be paid an #he basis of reimbursement of actual cosfs. At the intervals specif'ted in tlie Contract Costs Budget, PERFORMING PARTY may subrmit a request for reimbucsement of the actual costs it has incurred. All such requests must be accampanied by supporting documentation as requued by this Contract. PERFORMING PARTY agrees that the TNRCC's obligatian io reimhurse the PERFORMING PARTY's costs Caniract #�582-3-44673 8 will r�main within the Contract Costs Budget and tb,at cumulativ� transfers among the budgeted direct cost categories will not exceed ten percent (1Q%) of the total reflected therein. a. If ��RFORMING PAR�'Y is a state agency as defined in Gov''r ConE ch. 791, then all reimbursement requests must be submitted to the TNRCC Froject Representative an a State of Texas Interagency Transactian Voucher. All requests must be accoinpanied by a summaty report or invoice showing the budgeted cost categories for the reported expenditures and itnrlicaEing the amount remauung in each categary. b. If FERFORMING PARTY is not a state agency, then all reimbursem�n�t requests must be submitied to ihe TNRCG Project Representative with a campleted TNRCC Financiad �taius Repard (TNRCC For� 269a) and (as applicable) TNRCC Supplemental Financial Status Report Forms 269a-I,2fs9a-3, and 269a- �. A final Financial Status Report rnust be submitted no later than 90 days following the termination date of this Contract. 3. Payment at �'i�ed Rates. If this Confract contains a 3chedule of Fixed Rates, P�RFORMING P.ARTY will be paid on the basis pf agreed upon fixed rates (fi�ced prices). At the intervals speci�ied in the Schedule of Fi,zed Rates, PERFORMING PARTY may snbmit an invoice requesting payment for all satisfactorily completed work at the fixed rates speciiz�d in the Schedule of Fixed Rates. All such requests mnst be submitted to tb.e TNRCC Project Representaiive and must be accompanied by supporting documentation as required by this Contract. If PERFORMING PARTY is a state agency, tl�..e pa��znent request must be submitted on an Interagency Transaction Voucher. 4. TNRCC rnay refuse to pay any request submitted mor8 than 94 days after the termination of this Contract. ARTICLE 6. SUBCONTRACTORS. OTHERS l. Qua�i�'ied Fersonnel. All employees and subcontractors employed by �'ER�ORMING PARTY an or for the Work must have suf%cie�tt qualifications ta perform the Work. Z. Ohjections. PERFORMING PARTY will not empIoy any particular subcontractor, supplier or other person ox organization nn or for the Work if TNRCC makes a reasonable written. abjection against such subcontractor, suppIier, parson, or organization, PERFORMING PARTY will nflt be required to employ anq particular subcantractor, supplier oz other person or organization if PERFORMING PARTY makes a reasonable objection. 3. Subcontracts. �ERFORMING PARTY will include all pravisions which may ba necessary to accomplish all requirements af this Contract in its employment policies and contracts and its subcontracts, and shall require its subcantractors to do the same. ARTICLE 7. INTELLECTUAL PROPERTY 1. License of Futute Rigt�ts. With respect to any intelleetual property which is canceived, developed, written, invented, first actualIy reduced to practice or otherwise produced by PERFORMING PARTY, its employees, subcontractors, or subeantractor's emplayees during the perfo�naance of the Work, PERFORMING PARTY h�rebp assigns to TNRCC a nonexclusive, perpet�tal, irrevocable, enterprise-wide license to use, copy, pnhlish and modify suc3a intellectual property and authorize others to do so far TNRCC purposes. Upon terntinatinn vf this Contract, all data and information by PBRFORMING PARTY will he furnished to TNRCC. 2. License of Existing Rights. PERFORMING PARTY grants to TNRCC a nonexclusive, perpetual, �rrevocable, enterprise-wide license to use, copy, publish, and modify any intellectual properry �in the Work and to autl�orize others ta do so fox TNRCC purposes. PERFORMING PARTY shatl secure alI necessary iniellectt�al property licenses from third parties and warrants that the Work and the intended use af the Work will noi infringe any property rights of any third-party. PERFORMING PARTY agrees to require its contractors ta indemnify and Contract #582-3-44673 � 9 hold harmless TNRCC fram damages a�rising from or related to any infringement of rights in intellectual prpperty. To the extent pernutted by law, PERFORMING PARTY agrees to indemnify and hold harrnIess TNRCC fram damages arising fro:m. or related to any infringement of rights in intellectual property. ARTICLE S. SEVERABILITY • The fact ttiat a gartictilar provision is held under any applicable law to be �oid or anenforceable in no way affects the validity of other provisions and the contract will continue io be binding on botFa parties. Any pro�ision that is held to be void or unenforceable wili be replaced with language that is as close as pQssible to the intent of ttae original provision. ARTICLE 9. SUSPENSION: TERMINATION 1. For Caase. In the event of �FRFORMING PARTY's failure to gerform the Work as rec;uired by the Contract, violation of applicable.law, substantial or material default, or othear cause, TNRCC may susgend the Work ar terminate tkuis Coniract for cause. 2. Force Majeure. In the event of delay or failure of performance caused by force ma,�eure, TNRCC may terminate this Agreement in whole or part upon seven (7) days written notice. 3. For Con�enience. TNRCC may terminate this Contract for convenience and witlzout cause upon sevea (7) days notice. 4, Payment Adjustment. If tlte TNRCC terminates for convenience or because of force majeure, PERFORMING PARTY shall be paid onlq for goods and services provided and necessary expenses incurred griar to ter�ation. ARTICLE 10. SLTRVIVAL OF OBLIGATIONS All representatians, indemnificatians, warranties and guarantees made in, required by or given in accardance with this Con#ract, as well as all continuing abligations indicated in the Contx'act, wi�l sutwive final payment, colnpletion an.d acceptance of the Work and termination or completion of the Contract. ARTICLE 11. LAWS AND REGULATIONS PER�'ORMING PARTY shall give all notices and comgly with all applicable law regarding the Wark. Except where otherwise expressiy required by applicable Iaw, TNRCC shall not be responsible far monitoring PERFORMING PART'Y compliance with any applicable law. ART�CLE 12. AUDIT. ACCESS TO RECORDS The PERFQRI�IING �A.RTY shall maintain books and records eoncerning a�l Wor�C under this Contract (�cluding that performed by subcontractors), and shall retain them fot at least three (3) years from the date of ter�nination of this Contract. The TNRCC, the Texas State Auditor's Office, or any of their duly authorized representatives znay review, audit, copy, or disclose the conkents of such books or recorcls at any time. ARTICLE 13. MISCELLAN�OUS 1. Except as otherwise provided in this Contract, PERFORMING PARTY will direct all communications with the TNRCC to the Project Representatave designated by the TNRCC. The PERFORMING PARTY vvill designate a Project Representa�ive to receive all communications from the TNRCC. �o� Project Representati�es will be designated iut writing (see Project Representatives / Recards Location). 2, "Time is of the Essence" will apply to al! time lirnits stated in the Contract. 3. The PERFORMING PARTY wiu adhere to all applicable stan.dards, principles and guidelines detailed in the Uniform Grant and Cantract Management Standards {UGCMS), including those xelated to fi�uax�cial rnonitoring, audiCing and record keeping. Conh-act #S$2-3-44673 14 �'ity of �o�t Wo�th, ,�'exas M�yor a�d Cour��i[ Commu��c��io�n DA1'� REFERENC� NUMB�R LOG NAME PAGE 913102 **�o� g��� 520ZONE I 1 of 1 sue�ECT INTERLOCAL AGREEMENT WITH THE TEXAS NATURAL RES4URCE CONSERVATION COMMIS510N FOR THE OPERATION OF OZONE M�NITORING STATIONS RECOMMENDATIDN: It is recommende� that the Ci#y Councif: 1. Autharize the City Manager to execute an interlaca! agreement with the Texas Natural Resourc� Conservation Commission (TNRCC}, or Ets successor agency, to operate three canfinuous air manitoring stations far #he period of September 1, 20�2 thraugh August 31, 2003; and 2. Ado�i fhe attached appropriation ordinance increasing esiimat�d receipts and appropriations in fh� Grants Fund by $�O,Q00 in fisca[ year 2002-2D03, subject to rece9pt ofi an executed cantract. D1SCU5SION: TYte Environmental Management D��a�tment operates and mainiains three continuous air mor�itoring sta�ions for fhe TNRCC. �ne station is locaied in the Ke1[er area, anotF�er is near Annetta, Texas in Parker County, and one is in the narthwest carner of Tarrant County. AI� three stations are eq�ipped with an ozone monitor and a meteorological tower to monitor wind speed, wind direction, and temperature. These monitors are part of t�e state ini#iafive for Enviranmen#al Mor�itoring fiar Pubfic Access and Community TracKing of ozone air pollution in the For� WarthlDallas area. The TNRCC provides all the air monitoring equipment, parts, and supplies for the proper operation of the air monitoring sfiat�ons, and is contracting with the City of For� Worth for th� operation and maintenance of this monitoring equipment. The City will be responsible for retrieving the sampling data, sending it far analysis, and performing regula�- maintsnance activities on the equipme�t. FISCAL [NFORMATIONICERTIFICATION: The F'inance Director ceriifies that u�on approval of the above recommendations, f�nds wilf be available I in the current operating budget, as apprapriated, of the Grants Fund. , LW:n Sn�mitted far C'rty Manager's O�ee by: LiUby Watson Originating Aepartnnent Head: Brian Boerner Additianal IQformation Contact: 61$3 Funm � AccavNr I C�NTER frfl) GR76 45'E 543 0524'i 2802000 GR76 5(Varfous) 052492802010 (fi•om} � Am�ourrT CIT`Y SECR�TARY $60,p00.�0 I $60,000.00 � $085 Brian Boerner &085 I APPRQVED 09/63/02 � ORD.# 1522G � � �