HomeMy WebLinkAboutContract 280606
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THE STATE OF TEXAS
C+DUPITY OF TRAVTS
Cantract l�iumber �82a3�55809
AGREEN�Ei�T
Ill�TERAGENCYIIl�dTERLOCAL
CATEGORYI
P�I�.� Local Pra�rams
r��,� o� r�oj�t
THI� AGREEMENT is en.tered into by and between:
�I� Y �EG��i��?��
�oN��a��r �� . 8� � c�
ihe Texas Natural Resaurce Cgnservation Comrnission, an� agency of the State af Texas (hereinafter
TNRCC or Receiving Agency), and
� The Citv of Fort Worth , an agency or political subdivision of the State of Texas
(hereinafter PERFORMING PART�,
pursuant to the authority granted and in compliance witb� applicable pro�isions of the Interagency Caoperation
Act, 'l�x. Gav'�'. Coz�� ch. 771 and Intergoverrmaental Cooperation Act, 'I�x. Gov'T Con$ ch. 791.
TNRCC and 1'ERFORMING PART°Y, in cansideratian of the mutual covenants hereinafier set forth, agree as
follows:
ARTICLE 1. WORK
See attached 5cope of Work.
ARTICLE 2. PRICING AND PAYMENT
5ee attached Sc�tedule of Fixed Rates (far pay:tx�ent at fixed rates based an the nearest practicable esinnate of
actual costs).
ARTICLE 3. MAXIMUM AMOUNT OF CONTRACT
The tatal amount oF this Contract shall not exceed:
One Hundred Four Thousand Dollars and no cents $104,000.04
(Written amount) ($ numerical amount)
unless this Contract is amended in writing. It is exgressly understood and agreed by ttte parti�s hereto thai th�
perfarn�ance on the part of the TNRCC of its obligations hereunder is contingent upon and subject to actual
receipt by the TNRCC of sufficient and adequate funds from the sourc�s eontemplated by this Contract. Upon
receipt of funds from the saurces far a second year, the TNRCC wi]I natify PERFORMING PARTY whereupon
this e4ntract wiil be effecti�e far tb.e period of September 1, 2003 througf� August 31, 2004.
ARTICLE 4. TERM OF CONTRACT
This Contract shall begin on 9-i , 2002 and shatl Cerminate on full perfoz�mance,
which is due on 8-31 , 2004, unless terminated early or extended in accardance with the terms of the
Contract. �
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ARTICLB 5. CERTIFICATiONS
1. THE UNDERSIGNED CONTRACTING PARTIES do hereby certify that (1) the services speci�ied above are
necessary and essential for activities that are properly within the statutory functions and programs of the parties,
(2) the proposed arrangements serve tl�e interest of efficient and economical administration of State Government,
and (3} the services, supplies or niaterials contracted far are not required by Sectinn 21 nf Article 16 of the
Constitution of Texas to be supplied undec contract givan to the lowest responsible bidder.
2. The TNRCC €urther certifies that it has tbe aut�ority ta contract for the above services by authority granted in
the Current ApproQriations Act, and T1�X. WA7CIER ConE § 5.229.
3. �ERFORMING PARTY further certifies that it has authority to perform the services contracted for herein.
ARTICLE 6. CONTRACT DOCUMENTS
The Coniract Docurnants which eomprise the entire Contract between TNRCC and PERFORMING� �A.RTY
concerning the Wark consist of the fallowing:
1. 5cope of Work
2. Project Repzesentatives / Records Location
3. additiana! exhihits titted: E�chibit A- Deli�erables
Eachibit B - Pavzn.ent Procedures
B�ibit B-1 - TNRCC PM 2.5 Sites
Exlaibit C- HU�IMVSBE Proeress Assessment Renort Form
Exhibit D- Release of Clairns Farin
4. One oF the follorving (whichever is checked):
� Contracts Costs Budget
or �Q Schedule of Fixed Rates
(If neither is checked, or both are checked, this Contract is voi�
5. General Conditions
6. One of tbe fallawing (whichever is checked):
� Federal Canditions
or ❑ DELIBERATELY OMITTED (Federal Conditions are not incorporated into tius Contract)
(If neither is checked, or both are checked, this Contract is voir�
There are no Contract Documents other than those listed abov�e in ti�is ArticZe. 'I'he Contract Dacurrients may ba
amended, modifed or supplemented anly as provided in the General Conditions.
Cantract #582-3-558Q9 �
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The undersigned bind themselves to the faith€ul performance of this CanCract:
TNRCG PERFORMING PARTY:
Texas Natura! Resource
Conservatian Cammission
BY� � . �.,,-. u _ ._ -�
�iuthorized Sig ture
L,eonard H. 0. Spearmari, Jr.
Printed Name
Depviy Directo�, Office o� Compliance
Title an� �nforcement
Date: �li����
Contract #582-3-44b73
Citv o��ort Worth _
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By: �
�uthorize�ignature
Lil�by Wa�son
Printed Name
Assistant C�ty Manager
Title
Date: i
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The PERFORMING PARTY shall perform the following tasks indicated helaw and in Exhibit A
{Deliverables).
1. The PERF4RMING PARTY is exp�cted to l�e employed to operate the PM 2.5 samplers, ship and
receive filters, ship floppy dislcs with the iilter data, perfornn. quality assurance/quality control functions,
review data generated by the sampier, and communicate with the Texas Natural Resource Canservation
Commission (TNRCC) Monitoring �pera�ians personnel on a11 tro�xb�e shaoting and insfirun:zent repair.
2. The T'NRCC oz the EPA, as appropriate, may update any or all of th� exhibits refenred to in this
Agreement. The PERFORMING PARTY shall innplexnent updated editions of any such updated exhibits
within 30 days of receipt. If tY�e PERFORMING PARTY does n.ot agree to comply with updated editians
ofthese docunnents, the PERFORMING PARTY shall have the option of turning downparticular tasks which
xequire use of these documents. i€ the PERFORNIING PA.RTY turns down a task, it will not zeceive any
payment for tk�at task.
3. Manitoring Operations I'rograzn
A complete task under this section shal� include all of the requirements listed b�low.
The PERFORMING PARTY shail provide support of the Texas PM 2.S Ambien� Air Monitoring netwoxk
objeciives for FY-20Q3-2004 by operating and submitting daia for air pollution monitoring sites listed in the
TNRCC �M 2.5 Sit�s spreadsheet incorporated herein as Exhibit B-I. "The PERFORMING PARTY sha�l
ensure that #he listed monitoring sites are operated in compliance rvith applicable regulations.
The TNRCC will purchase the PM 2.5 inshuments. The PERFORMING PAR.TY wi�l install and operate
the sampler.
The PERFORMING PARTY shall implement and operate a monito�ing gragram as required by the
fallowing:
3.1 Location, Maintenance and Repair af Equipment
The PERFORMING PARTY sha]1 be responsible for all af the rnaintenance and/or all the repair of
any of its equipment at these sites. No additional fiands will be provided by TNRCC for payment
of repaizs. Preventive maintenance will be in accordance with the m.anufacturers recommendation
that is documented in the instrument man.uals and with the standaxd operating procedures (SOP)
developed �y the Ambient Monit4ring Section of tIae Monitoring Operations Division.
AIl filters and ancillary filter handling equipment, spare parts, calibration equipment, laptops,
sofrivare and equipment opera�'ron training will be supplied by personnel from the Ambient
Monita�ing Sect�on of the Monitoring 4peraiions Division.
The TNRCC will be solely r�sponsible for abtaining� sites.
Cantract #582-3-55809 4
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3.2 Training
The PERFORMING PARTY shall ensure that its staf£ is adequately trarned and qualified in ord�r
ta perform designated tasks. Repxesentatives far the PERFORMING PARTY are e�cp�cted to attend
TNRCC providec� training, warkshops, and/or other activities designed to increase technical
capabilities required to support this Agreement. It shall be the responsibility of the PERFORMING
PARTY to idantify and ob#ai�n any necessary safety training.
The TNRCC's Monitoring Operations Division personnel will develop specialized txaining and the
SQP's for the PERFORMIl�G PARTY. The PERFORMING PARTY will qualiiy control,
calil�rate, and operate the samplers provided by Monitoring Operations. 'The training and S�P's will
be based on recommendations frorn the nnanufaciurer� Ins�rument manuals vvi11 be available for
reference.
3.3 Quality Assurance Audits
3.3.1 Quality Assurance Audits will be conducted by the EPA.
3.3.2 On an ongoing basis, the TNRCC reserves the rigbt to audit mozaitars operated by
the PERFORMING PARTY. Such audits are expected to be announced and access to the
monitoxs and the assaciated measur�ment data are expected to be caordinated with the
PERFORMING PARTY's staff. At least one audit per year should be �lcpected. Mare
frequent audits wilX acaur if significant or pe3rsistent data quality issues occur.
3.4 Air Quali�y Data (AQD) Reporting
The PERFQRMIlVG PARTY shall submit to the �lter weighing contractar all �in�trument data.
Tnstrurnent data is the quality control data that comes from the instrument that goes with the �lter
to the filter weighing aantraetor.
3.5 The PERF�RMING �ARTY will collect exposed filters from the samplez�s, pu� thern in
sample eontainers, and record ident�fjring data on the containers. The PERFORMING
PARTY will maintain custody o�'fhe samples until the filters are mailed to the weighing
iaboratory.
3.6 Each PERF�RMING PAR"i'Y must operate th�ir PM 2.5 sampler a minimum of o�ae week
to check out the unit and become familiar with all asp�cts of the instruments operatian. The
A�m�aient Manitoring Group nf TNRCC's Monitaring Operations Division in Austin, TX
will be the contact far all teohnical questions.
3.7 The PERFORMXNG PARTY's field #echnicians will be responsible for a31 minor
maintenance of th� rnonitoring systems operating in their region. The central affice
technicians, wha axe TNRCC ernplayees, will be responsible for all major mairitenance in
all regions. Cost of repairs and travel may dictate that the field tecl�nician undertake rnaj or
repairs. The field technicians may contact the TNRCC'sMonitoring Operations technicians
for assistance and to request parts and materials. The TNRCC's Mani�oring Operations
tec�nicians will have assigned responszbilities and expertise on specific types o�'equipment.
Contract #582-3-55809 5
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Th� TNRCC centrat office prima�ry technician, contact is Larry Lehmann. He canbe reached
at 512/239-1778. You may contact Gary Smith at 512/239-6752, as a'ITTRCC Monitoring
Operations backup technician if the primary TNRCC technieian is not available.
Contract #582-3-55809
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DELIVERA.BLES
'�`he PERF�RMING PARTY shall provide the TNRCC of�ce with the reports required belavv to prnvide t}�e
snformation on Tasks listed in Attaclnux�ent A(Statement af Services to be Perfo�ed) of this Agreement:
Each PERFORMIl�TG PARTY is e�cpected to maintain records that �nclude the sampler
elect�ozuc data fi1es, log book pages, and hard copy print outs related to media chain of
custody (COC), sampler operation verification, sampler calibra�ian, quality control checks
of sampler, and any aucl�it reports.
Please keep the following records: sampling infarmat�on and C�C sheets, instrument
calibration data forms, electronic run logs, electronic and manual daily activity logs,
assessmeni/performance logs, and site visit check lists.
The PERFORMING PARTY shall maintain clear records for the transfer of information
from the callect�on point to the #ime the filters and data aze mailed to the filter weighing
vendar. At a minimum the records shauld be the time of sampling, sampler conditions,
sampler location, and any other descr�ptive data that may be relevant to support tbe validity
of the sample. Tn addition, sarnple data she�ts, site log bool�s are to be mainta:iz�ed to verify
the t�ail of acti�ities associated with eack� filter.
2. Qua�ity Assurance P1anz�ung
' a. By signing the signature page of the TNRCC QAPP #'or PM2.5, the PERFORMING
PARTY acla�owledges they will follow the TNRCC QAPP requirements.
Connact �FS82-3-55809 7
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PAYMENT PROCEDURES
ARTrICLE 1. pAYMENT FOR PERFORMANCE OF SERVICES
a. Payment under this Agreement far air pollutinn control activities is based on the perfoxm.ance of
required ac�ivities by the PERFORMING PARTY.
b. T'he PERFORMING PARTY shall be paid at the fixed prices (annual or manthly flat rates) shown in
Schedule of Fixed Rates as reimbursement far all services to be performed in connection with this
Agreement. Thes�: fixed prices represent #he TNRCC' s funding sharc af the nearest practicable
estimate of the .PERFORMING P.ARTY' s actual cas� of providing thas� services. The
PERFORMING PARTY and the TNRCC a.clrnowledge tt�at the TNRCC' s funding share has been set
in such a way that it may vary from month to month, within the constraints established el�ewher� in
this Agreement,
ARTICLE 2. PAYMENT REQUEST PROC�DiTRES
a. On a quarterly basis, tkze PERFORMING FARTY shall submit one copy of a properly complet�d
STATE OF TEXAS PURCHASE VOUCHER (Camptroller of Pul�lic Accounts Form 73-170), in
order to obtaua payment for tasks completedunder this Agreement. Tlie PERFORMING PARTY shall
camplete a quarterly HLTBIMWBE PROGRESS ASSESSMENT REPORT, incorporated herein as
Exhibit C, and submit this Report with each quarterly invoice and vaucher. Completed vouchers,
invoices, and reports shall be mailed or delivered ta the following ad�ress:
Attn: Ed'Michel
Texas Natural Resouzce Conservation Comrnission
Monitaring Operations Division, MC-165
P.O. Box 13087
Avsiin, TX 78711-3087
b. The TNRCC will review the purchase vauchers, invoices, far requests for payment for services
performed as identified abave in Seetion A of this article and as required in Eachibit A(Deliverables}
and will provide written documentatioz� to the PERFORMING PARTY and the TNRCC Project
Representative that the requests ar� acceptab�e or wi11 provide an explanat�on of why the requests or
the work identified in the requests ars unacceptable. If the reques#s do not satisfactorily demonstrate
the accomplishment of the required tasks, the TNRCC Project Representative wrll not authorize
payment on the accompanying voucher and invoice until such time as deficiencies have been
corrected.
c. Tlae TNRCC wilt not issue at�y payment of an approved reimbursement request from the
PERFORMING PARTY until the TNRCC receives fram the E�A funds specifically awarded for
activities provided by the PERFORMING PARTY under this Agreement.
Contract #582-3-558fl9
d. The TNRCC resezves the right to suspend payment for any incompl�te, inconsistent or incorrect
services or reports as required by �his Agreement unt�l the PERFORMING PARTY satisfactorily
completes, revises, ox cozrects sueh services or reports.
e. Failure an th� part of ths �ERFORMING PARTY to comply with the conditions set forth in this
Agreerzaent may be grounds for termination of this Canixact for cause, and revoca�ion o� any
unexpend�d funds.
f. Nothing in this Article shall be construed to pr�vent the TIVRCC or t�e PERFO�2MTNG PARTY from
exercisin� any of its rights Under this Agreernent inclt�ding but not iimited to t�ose relating to
Termination and Remedies.
ARTICLE 3. FINAL PAYMENT REQUEST
a. Upon satisfactory completion of the worlc perfarmed hereunde�r and priar to final payment under this
Contract for snch work, or prior to settl�ment upon termination oF this Contract and as a cnndition
thereto, the PERFORMING PARTY shall execute and deliver to tb.e TNRCC a release of alI claims
for payment of any funds du� and payable by the TIVRCC pursuant to the #erms of this Contract. Such
release shall l�e conditia�ed upon payment of �11 fund amounts due and payable to PERFORMING
PARTY under this Contract, and limited to only those claims which reasonably could have been
fareseen at the time the release is executed. PERFORMiNG PARTY reserves the right to identify
claims ta be excluded thereby.
b. 1'he PERFORMING PARTY sha11 provide to the TNRCC documentation showing all tasks that have
becn completed by the PERFORMING �ARTY.
c. Final Payment under this Cnntxact or settlement upon ternnination sha31 not constitute a waiver of the
TNRCC's claims against the PERFORMING PARTY.
d. A fnal payment request shall be submitteci by the PERFORMING PARTY to the TNRCC not later
than thirty (30) days following the end af this Contract.
Contract #582-3-55809 9
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EXHIBIT B-1
The date is lhe Fiscal yearlhey shpuld 6e deploye�.
FRt�S Go[ocatfon Specfatfo�
ConUnuous
Nama A1R9'M Sampling Sampling VIsl6lflty �Efl�� . (Uses Two Ob�setive Scale �
Frequency Freyuency SamF��1 I
* I papulation u��
1 POttef Amanllo nownfown 48375a605 3 exposure .
,t ,ti popvlalian ufban
2 Lu66ack Lubhock 4B3030�Oi 3 exposure
populaUo� �eighbor3�ood �
4 Collin Frista C31 480850005 3 eacpos+ue ,
populaflon nalghhorhoad
4 Dallas Boys C1uh (Dallas) 48t t36657 3 e�o��
' populallon nelghboAlood
A '�aSlas ' GoE!(Dallas) 491730035 3 e�osure
Canvention Ctr.(Dallas) � * populallon nelghhorhood I
4 Dallas C31x A$t13DD56 3 3 e%ppsure
m�tl� nefgh6ofiood
4 �a11as Hinlon C60 {PAMS) 481730069 1 6 'r '�` �(1�fBnd) �ncentratioa ;
I papulalion � ne3ghborhood �
4 Dslfas Lancesler{D8118s) 48113d62U 1 I � expasure
populaGan nelphbarhood
4 Da13as Redbird(�a1lasj d81130087 3 exposure „
d �allas 5unnyvelle {pallasjC74 4811�3009
* exposure I nekghbarhood i'
* DaP�latlon � '
4 Oenlan Denlon Co. Airpo�4 C56 48i210Q34 i � exposure u��
� 'E * franspoA reglonal
4 �!!is 1 MidEolhian Tower C94 481390055 .
PM -1fl I
4 Ellis �� Wyatt Rd.. 481390017 'r only saurce I mluc 1
• � eiementa �
4 Kaulman Kaufmari 482576005 I * � IranspoA re61ona1
,r meximutn ne[ghborhood
4 Tattsnl I Arlington Munir3pal Niport 484393011 � concentratlon _
� popufaUon i neighharhaod
4 Tamani piamond Hill (Ft. Worthj 48439�008 e�oyvre
4 Tartant F� �� Slagecaath � p�o�� � nelghhorhood �
iFt_ WoM) A8479301Q 3 I
. * poPulalion �iphhothood
4 TaRant Grapeti�ne C7Q 484393009 �p��
I * ma�dmuot neighhorhood
sl Tarcant Hawes Center(F1. Wolih) 48439tDQB 1 Conpenlratian
Lacal Program Fieadquarier's I' papulaHon u�an
4 Tarrartt ��t ��� 484393006 7 fi p�ppSure � „
populaUnn I pa]flhbofiood,
4 Tarrant Meachem fleld (pAMS) C13 484391002 i �� 8 sxposure
i paPulaUon ! u��
5 Boyvie Texerkana a80370004 3 exaosure '
populallon urhen
5 Grepfl [.ongviewCl9 48f83000t 3 �p°g�� _ _I
�r •
sie�n meana lhal specific manitar 3s deployed
582-3-55809
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Under Speciation, !he ward Ttend
means two URG samplers
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�iIBIT B�1 �
The daie is lha Fiscsl year IRey shauld be degtoyed.
FRM ColocaUon C�t�n�� Speclatfon
Ra9 County Mama AIRS #' Sampfing Sampling VIstl�IIISy ����y �Uses Twa ObJecttve
Froquancy Frequency I I Samplersl
Sca[e
5 Hartison Kamack {CB5} I d8293Da02 3 _ i` * * transprnt regEonal
Sig Bend Nabonal
6 Brewster " Parkl�ohxation wlth 480q3010f I 'ti Wess 3 regiona!
IMPROVE I
B Brewster Afpine�Sut Rws llniv.) I 480430002 * �°�v� reglonat
B Culbertscn ��adalupe Mounlaln 481090t01 - dass 1 � reg[onal
15APRQVE
fi L�t Aaso AsrarHla a81410055 * PopulaUon nelghborllood
exposure
6 Et Pasn Cham€zal C4i (PAMSj 4814i0044 S ' 6 *��ndy soGtca neighborhaod
i
B E! Peso I Lindtieogh(EPCCHD} 481410045 3 p°p°��OB nelphbwhood
ea�asure
6 EI Paso RiversWe(EP�CIiD} 487+tt6038 3 pogofaffoh neighbori�ood
exposeiro
9 EI Paso Slryllnc Park{�pCCHD} 48i410058 I 9 8 populaUon �Ohbnrhaad •
exposure
e EI Pasq Socorto(EPCCHD) I 4814t005) 3 � i tracispoR vrbaq
B El PaSo Sun Melro C40 4B141a053 * ie me�dmum �o
concentratFan
8 � Paw 7iitman (�PCCHD) 481410002 1 � �� neEghhorfiood '
. . � eonaentraUon .
6 El Psso U7EP G12 � 4814t0087 t * I * � p��� nelphborhoad
MeOonatd ';
6 Jelf Qavis a6serva[ory{06servaWry 4824�0004 . "� da�e reg(onal
Swl�
T Eeto� Gonxa�ez{UTPB)C1U14 48t390D04 * poptttalion ��
e�osure
i
7 Edor p�essa Hays(UTPB} 481350003 3 I * ��u� I ufian
9 Mdennon Waco <8309i�02 9 popWa6on I urt�an
exposure
7D Jeilerson Carro11 SlreetC54 48245002D * populaUon I nelghdarhpod
� exposure
10 Jefferson Hamshire C64 4$24SD022 3 * * Qopqiatlon j nelgh6ofipod
- exposure I .
7Q .Eetfelson PortAr[ttur�303 482450021 t 6 * papulaGon I��gh6arhaod
' • ►Y1q1<.11ri!
t0 Orange Mauricevllle C811 483&1 i 100 * �` tCsnsport I regianal
90 OrBnge QrdngeC9 4836tt001 3 p�opuiahS�� ur3�an
,k � tlnBer SpeciaHon, the word Trend
siqn means that spedfic monitoris deployed �1 means two URG samplers
5�?.��-'�.5��9 � . .
an�roz �a:a+ann
ef mlpm25lairmanpresRable2 atls
.
F
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F.�HTBIT B-1 .-
7he dale Is the Fiscal year lfiey should hs deployed.
FRM Colacatlon SpaClatfon
Contlnuovs Uses Two Ob ect[vs Scale
Raq County Name A1RS # Sampling , Sampling Visidll[ty �p�� { � �
Frequenty I Freqventy Sampte�s)
i 1 Caldwell San Matcos Alrport C62 480550062 3 hanspoM1 reglonal
{AOS� �
pppulalion q
11 Traris Auduhan C98 494530020 i s *{CD[lOCAtBd� �w� nei h6orhaad
,� popu[ation nelphborhood.
11 7�av3s . Ausun 1Nebbervllla Rtt. 48453002t 1 I exposvte .
'k s°p��� rtelghhorhood
11 Travis korthwasiCS 46453U01S „
pop�fat3on ��9h���
12 BrBoria CfuleCtt 480391003 3 expasure
!r&nspOrt (SE
wfndj!
* � populadon repienaAurhan
12 Galveston Gal�esWnA]rpartC34 4816700t4 g�osu� �,
(PlNW wla�
League City Couny populatlon ��a�
12 Gaiveslan Bui1d3n4(Gat1 48t6T1005 3 s exposure �
populatfon � neigh6ori�ood -
12 Gal�eston Nessler Poof (Gsl} S878T0053 3 � e�mur� '
* ''ti P°p�bO°� nelphbo�c+ad
12 Harris Aldine COB 48201fl024 3 3 �posure .
* � populallon nei9h6arhoad
12 Fta[ri3 8aylend Park 482010055 expOSure
12 Nartis Saytown 482010U5B 3 saeroe mledle
.. - * * popuFation �Ighhorhood .
12 Her�s Channetv[eu�r 4H2�10028 1 exposuro �
Clinton (Housfon} (PAh15) , � �mQ� nelphboffiood
72 Hartis �� 482071035 1 6 , �p��nlrslion
populatlon nefgh6orhood
�2 Fla�ris I Craquet (HausWn) �82070051 � expasuie ,
� ,k populafion I ��gh6nrfiood
12 Hareis DcerParkC35 4820t1e39 a (TCend} s,�,u,�
. � papulat�on �ighboRioad '
i2 Fiarris Kingwood(Noustan) 48207t042 ezposure
t2 HarYjs F�Eae pf[ve C7 482�11034
* * ���� neighborhoad �
popolafian �
12 Harris Manroe (Houston) 482010062 3 axposure �elghhorhaad '
y� poyufation . nE�ghborhood
12 Harris Seabraok 482011050 expasure I .
pOpEdaBan i n�ighborfiaad . , �
72 Hartis Texas Ar+e.(Housion) 48207 D075 3 �ppsure
72 Montgomery Canroe Nrpart 483349078 3 'k 't transport � reglona�
19 Bexar Calsveras Laka C59 (AQS) 480290059 * l�aesport regianal
� sifln means that spedfic moNlor is dep[oyed
582-3--558d9
��
llnder Speeiation,lhe word TrenC
means two URG semplers
srnx�a ]o:a aM
el mlpm25la€rmanpresllah� e2.xfs
Reg County
,
.-
EXHIBrT B-1
1'he daEe Is the FEsrrdt year Ihg1+ shauld be depl�yed.
��fF��� �Q�I SQTlES
FRN4 Coloeation Speclatlon
Gontlnuous Uses 7wo O57eCU� Sc��e
Nama AIR5 # Sampling SampAng �S�p���Y (fEOM! gnmplars)
FBquancy Frequenry
maximum
* concenlralionl urhan
jg gexer Camp Bullis C58 {AQSj 480290052 7 QopuEa�ion
- exposure
' populaUon middle
t3 B�� Frenk 1Mng MuNcipal Court q8029046� 1 6 e�osure ,
(A4S} popula6on
�c nelghahood
18 Sexar Pecan Valley {CpS) _• exposure .
,k popotation riaE9horhoaE
13 Bexar Seima (A�S) 48U296�53 3 e��� •
� maxEmum nefghbnrhood ,
�4 Nueces CCNavEgalion 4835�d�1� 3 mrtceRUati°" �
� poputalion neighhorAood
14 M1[ueces CC West C4 483550025 � � exposure �,
,* populatian nelghbo�hood
14 Nueces �ona Psrk 483554�34 ezPo�re .,
p°P�e�On neEgh6arhand
1q �u� HuisscheC98 483550Q32 � 6 I exposure
1�6 Nueces Na!lana! Ses9hore 483550033
20�2 trenspod regtonai
. y� pnpulatlon ���
ZS Cameron B7ownavilleCBU(Regt� 48(i610�08 � exaosure
` Coast L;�ard Sta�an {li F tl) 484612004 2042, lranspoA regionei .
�5 Camernn r�ir � populdtion
urban
15 Cameron San Benito (U'l'9) 480612002 3 � �xPo�+�
papulallon u��
15 Hidelgo EdinbeergC42(UTS} 482t5i042 3 ezpo9++re .,
� populaGan urben
15 Hldalpa lutiss3an G3 (UTF3) <82150043 S axpasvre
16 Mavarick EeglePassArea 983230004 j '" I 2002 2002 2002 transpod reSionat
200Z transPort regional
16 Val Verde Lalce AmEstad 4646500U3 ,
Lsredo Bridge C 313 'ti saufta orienfed micrn
1fi Wedb fLCCN�1 L84790313 . , •
popalaGon urhan
t6 VJebd LaredoBorderC44(LCCHD} 48i790076 � 3 expasure
1.:�
Undar Specietlon, !ha ward Trend
menns Iwa URG s�m�lpre
i�
MI�jR IN�Ii1�1�1II1lII N�IHI�IIIGpllll}�Ilq IA IliiEdnyud
"ffs',' ��I�'�'►I4�I'I
Instru��i�ns �or C�mpl�ting �I��CC �'�rrr� �903�� F xhibit �
�H�IB �'rogres� �►s�essmen� Reper-� ��,��}j
Use these inshuctions ta confum that you are entering the ,
correct information in each hlaz�Ic a£TNRCC Form 1031$ ! Nate: Items 10 and 11 apply to Snper£und and ather
("PAR form"). To iFnd the instructions for a h1an�Ic, go dnwn � "umbrelia" projects qnly, �f your project is
this list to the number of that blank on the PAR form. no# an umbrelIa project, leave these lines
In these instructions; "this contract'" means yaur contract wi#h . blank. If you dan't know whether your
the TNRCC %r v�vhich you are reporting your subcantracting'
contract is an umbrella project, ask' khe project
with historically underutilized businesses (HC3Bs) on this PAR manager narned on yaur conaact,
form. "We" means the TNRCC.
For more infotmatian about the TNRCC �-IUB program, Iook
#'ar "Historically Underutilized Businesses" zn the index on
nur Web sitc;
3�ttp:Nww�v.tnrcc.staie.tx.us
or write:
HUB CoordinatQr—MC 181.
Texas Natural Resource Conservation Commission
PO Box 13087
Austin TX 787i 1-3D87
Phone: 512/239-0393
Part A. ldentifying InformatE�n
Enter the contract number we have assigned ko this
contract. This r►umber appeazs on the f�rst page of the
contract.
2. �nter your znvoiee nurnber for each invoice you are
submitting with this form.
3. Enter the periad af time in which tl�e rvork cavered by
these invoices �vas carried out.
10. Tdentify the particular site, phase, or program cavered by
this invoice or sek af invoices.
11. Enter your wark order number for the site, phase, or
program iden.tified in Item 10.
Part �. Invoices for Work Completed
In the table for Iisting invoices from HUBs:
First cohemn—En#er the complete name of each HUS
subcontractor. Enter information about this HUB
subcantractor in the remaiaing cnlumns of this row.
Second cah�mn—Enter the 11-digit taxpayer identification
number the Campirol�er of Public Accounts has assigned
ko this HUB subcontractor,
Third colufnn—You have three options:
� If this subcontractor is a minarity-awned busiriess
enterprisc, check "MBE."
o If this subcontractor is a woman-o�vned business
enterprise, check "'W�E."
o Yf this subcantractor qualiiies as both an MBE m�d a
WBE, checic both boxes.
4. Enter ihe narne of the cantractor to wnich we awarded
this contract.
5. Enter the name af the person authori.zed to complete this
foan for the prime cpntractor. We will contact this person
if we have any questions about the informatian you ha�e
provided on this fonm.
6. Enter the phone number at which we can reach the
contact person named in Item 5.
7. Enter the total amount of this contract as skated in the
contract itseIf. If we have appxaved monetary
amendments to the contract, �clude the value of these
amendments in this tatal.
8. Enter the tatal of all in�oices you have submitted to us to
'�ate for this contract, incIuding the in�oices attached to
this PAR form.
9. DoIlar value of work remaining. Subtract Item 8 from
dtem 7 to obtain this number.
Foterth colttran—Indicate, by ehecking the appropriate box,
whether the subcontractor provided services or
commodities. (Tf both, check "ser�ices" only.)
Fifth coTur�n—Enter.the total of all invoices attached for this
HUB suhcontractor.
Below the fable:
12. Enter the total amount af all at#ached invoices from
FIUBs.
13. Enter the total amount of all attached invpices frorn non-
HUBs.
14. Enter the total of all attached invnices—in other words,
Item 12 plus Item 13.
Gontract #582-3-55809 14 April 1, 2D00
Par� C. Prog�-ess toward HU� Goa!
15. There ase two possibilities:
Par4 D. €'rogress Remaining
2I. Your HU$ goal is stated as a percentage in your cont�•act.
Enter your HCTB goal here.
If you {the prime cvntractor) are not a Texas- 22.
certi�'x�d HUB, enter "NA" in this iine.
If you are a Texas-certified HUB, entar the vaiue of
the work you and your emplayees have performed to
date. Do not include rvork performed by any
s�bcontractors in thl5�arnount. "
i 6. This percentage is applicable only r�rhen the prirne
cantractor is a HLT�.
• If you are not a Texas-certified HUB, ent�r "0" in
this 1ine.
a If you are a Texas-certified HUB, foliow the
instxuctiams an the PAR form,to calculate this
percentage. Enter tk�e resnit hexe.
17. Total of all attached in�oices for �I[JB subcontractors
(frorn Itern 12}.
18. Use the instructians on the PAR farm to calculate khe
percentage of the total conkract performed by these HUg
subconttactors and invpiced on the attach.ed invoices.
19. There are two possibilities:
� If this is the #zrst PAR forn� yflu have submitted for
this project, enter "0" here.
� If you have previously submitted one or more PAR
forms for this contract, enter the amount from
Ttem 20 of the last PAR fonm submitted.
20. Use the ins#ructions on the PAR form to calculate the
percentage of this contract that HUB subcontractors have
completed ta date. (This percentage is based on the total
value of the contraot as stated in Item 8.)
Th.is amount represents how much of your HUB goai—in
percent of the toial cantract remains to be completed.
There are two possibilities:
� If Ite�n 20 is greater than Item 21, you have achieved
your HC.I�3 goa�. Enfex "0" here and in Item 23.
� I#' Item 20 is less than Item 2 i, subtract Item 20 from
Item 21. Enter this amount here. �
23. Use the instructions on the PAR form to canvert the
percentage stated in Item 22 �#o dollaxs. Enter this
amount b.eze, This amount represents t4ie dollar �alue of
work you rnust subcontract to HLJBs over the reznainder
of your contract to meet your HLTB goal. If you cannot
meet this goal, contact our project manager for your
contract or our FIUB coordis�atoz to find out about
dacumenting your good-faith effort.
Part f�. Affirmation
Z�F. The person named in Item 5 must sign here as the
representative of the prime contractor.
25. Enter the date you eompleted this report.
�art F. O�h�r In�orma�'ron
Leave these blanks empty. Our pro�ect managez %r your
co�.tract will complete this portion of the fozin.
Contract #582-3-55849 � 5 ' April 1, 200C
�art A. [dentifying Information.
1. 7i�RCC Cor�tract I�p.:
4. Pr[me Contractor ("Yo�");
7. iotal conkract (�C):
8. Total in�oiced to date (TI)
$
$
Complete fhese lines far umbrel�a projects only:
10. SitelPY�aselProgram:
9. Work remaining'(iC - TI}; $ 11. Work Order Nn.: �
Part B, In�oices for Work Completed by HLJB 5ubcantractors during'�hls Pericd. Aftach these involces fo'this form.
❑ Ef you have used no subcontractors fhis period, check here, indic�te whether you are a HUB In par� C, and complete Part E.
� i
'Type ; 1 Total of Invoices from This
Name of iiUB Suhconiractor 5/endor i� No. of FiUB , Pravided*: 5ubcontractor in This Repor�
--- - --�
� ❑ MBE ❑ Services
C] WBE � Cl Gorr�modities
� 0 MBE CI Services
C! WBE ❑ Commodi#ies
C] MB� a Services
C] WBE ❑ Commodi#ies
` li subcontractor's services include botY� {abor and, rnaterials, check "services" oniy.
Note: If yo� need room to list more subcontrac#ors, enier th9s information on a�lain sheet of paper and attach it to this form.
12. Total of aftached invoices from HI�Bs: $
13. Total of attached involces from non-HUBs: $ 14. Tatal of afl attached invoices: $
Parf C, Progress Completeci toward HUB Goal.
Are you a Texas=certif[ecfi HU�?
❑ Yes. Complete ltems i5 and 16.
❑ No. �nter "NA" 1n lfem l5.
Enter'0" ir� lfem 16,
HU� Progress Asse�ssmen� L�epor� {�A,a) EXHIBIT C
2. Yaur Invoice No.: 3. For work carnpleted between and
5. Contact: 6. Phone; { ) _
15. Value af +rlork performed by you or yaur empEoyees:
16. PercenEage of total cantract representad by Item 15
(divide 1#em 15 6y TC and muttiply by 100):
Have yau subco�tracted with 7exas-certified F3UBs during this invoice perlad?
❑ Yes. Complete Items 17 and 18. 17. Item 92 from Parf B:
❑ No. Enfer "D" in lfems 77 and 98. 18. Percentage of total contract represented by ltem 17
(dfvlde ltem 9 7 by 7C and multiply by 100):
99. �ntry in ltem 20 of yo�r last PAR for this contract:
20. Total HU� pragress to date (add ifem !8 to ltem �9}:
Part D. Progress Remaining to Reach HU$ Goal.
$
$
,, 29. HUB gaal for this praject: �
22. Percentage remainir�g
(subtract ltem 20 from Item 21):
23. Dollar value of remaining progress
(divide ltem 22 by 1�0 ancl then mulfiply by iC): $
Part E. AfFirmation. The infarmation provided on this form is complete and co�rect. Your representative musi sfgn here:
24. Signature: 25. Dat�:
[Part F. Other Information. For TNRCC use an1y. (f'rojecf manager: Camplete fhrs bax and srgn.)
Type of funding: ❑ Stake ❑ Federaf ❑ Both
,; Check if prime contractor is one of the following:
�� �❑ River Authority ❑ COG ❑ Local govt. ❑ Interlocal
I ndex:
Signature:
COBJ:
%
��8
%
4I0
%
°/fl
Contract #582-3-55809 Page 16 Revised Apri1 1, 2000
�en�ral [��orrt�atior�
'The purpose of this form is to help the Texas Natural Resource
Conservation Coznnlission (TNRCC; `�s") to tcack the value of
business we do with Texas-certified "historica1ly underutilized
businesses" {fNBs} and federally designated "n�inori#y- or
tvnman-owned business enterprises" (MWBEs). In this form, the
acronyrri "Fii7B" refers to both of these classes of businesses.
For item-by-item instructions that tell you how to complete this
form, see TNRCC Form 1031$-ins. Ta get a copy of Form
10318-ins, laoic under "Forms" on our Web site:
http :tn�w.tnr¢c.state,tx.us
or call the HLTB coordinator at 512/239-0393.
Do I Have to Camplete 7his F'arm?
If we have awarded you a con�ract ta pravide us with
professionaI services, other services, or commodities crnd your
contract cantains a subcontracting plan, then you must complete
this form each time you submit an invoice or set of invoices to
�ts—everz if no st�bconiracting ocettrred chcring the period
covered by these invaices.
If you Are a HUB, you must perform at least 25 percent of the
kotal value of the contract with youx own or Ieased employees as
defined by the Internal Revenue Servire in order far the agency
#o receive i 00 percent HUB credit for the entire confrack. You
may subcontract up to 75 percent ai the contract with HLBs or
non-HUB subcontzactors, but you must report to us tlie
va�ue—hoth� dollar amount and percentage—of your contract
that was actually performed by you and your subconkractors
during each invoicing period.
Where Do I 7urn This Form In7
When you have completed this fonm, attacb it to yaur invoices
and submit it ta our project manager for your cantract.
How Can Tnis �orm Help Me?
As work progresses on your contract, you can use this form ta
monitor ynur progxess toward the HUB goal s#ated iz� youz
eantract. If yvu complete this form correctly, the number in
Item 21 will be your contract's F�NB goal. When the number in
Itern 24 is at least as Iarge as the n�mber in Item 21, you wrill
ha�e reach�d your contraat's HUB goal.
Where Can I Get More Answers?
If you have any other questions, calI the project manager named
on your contract ar our HU�3 coordinator (S 121239-0393),
Where Ca� I Get a Sei of Instructions?
Click on "Forms" �n oux home page:
� -http:ll�vey�y,tnrccsfate.tx,us
and download "F-10318-ins," or call aur HUB coordi�nator.
�����i�ions
These brief de�nitions may help you complete this fortn. For
terms where a fulI legal de�initivn may be heIpful, we have cited
the xule or Iaw that gives that definiEion,.
Cammodi#ies—materiais, supplies, or equipment. May include
consumable articles (for example, office supplies}'ar durable
items (for example, computers, furniture, or equipment).
Other services—all servzces other than canstruction and
professional services, inaluding consulting services (Texas
Government Code, Chapter 2254, Subchapter B).
Prime contractar (or "prime"}--any business, agency, ar
individual who pravides cocnmodities or services to us under a
purchase order pr other contract.
Yrofessional serr�iees—services of aceountants, architects,
engineers, Iand survcyors, optometrists, and physicians (Texas
Gq�ernment Code, Chapter 225�, Subchapter A).
Services�l) functions performed for us by an outside
source—for exampie, equipment repair, consulting, hazardous
� waste disposal, or work by short-term temporary employees.
(2} similar functions performed for the pricne contractor by an
outside source.
5ubconiractor—any business, a�ency, or �in�ividnal (other than
an employee) who provides commodities or sezvices to the
pr�ne cantractor.
TotaI canfract (Ttern 7)---an this form, total value of your
cqntract with us, including aIl monetary amendments, if any.
i Umbrella project—a contract in wliich worlc orders are issued
! by site, phase, or program. For example, Superfund projects
� usually are umbrella projects. If you're not sure whether your
, project �ts this categary, ask aur project manager.
Vendor XD No.—#he 11-digit taxpayer identification nurnber
assigned to this subcontractor by Comptroller oF Public
Accounts. The subcontractar sh4uld be able to provide you with
this number. .
Contract #582-3-55809 Page 17 Ftevised April 1, 20tl0
EXFiIBIT D ,
�
�'exas I�Tat�rai �.esource Conservation Cc�mmission
RELEAS.E OF.CLAIMS .
, hereby re�eases the Texas Natural Resource
Conservatian Commission (TNRCC), its officers, age�ts and emp2oyees from any and a�i future
claims arising under or by virtue of TI�TRCC Contract No. .
' , further certifies that ali subcontracto�s, s�ppliers,
emplo}�ees and any party wh�ch has performed or provided service for this contract has been paid in
full and satisfied. •
A11 services and tasks required to be completed under the referenced contract ha�e been campleted.
Prompt payment, there�ore, oi any ar�d al! funds which may have been pre�iQusly "retained" by
T1��RCC in accordance �vith said eantract is requested.
�xecuted on this day oi �, 19
:
(5ignalirreJ
(Narr+e, Type or Prin�edJ
(Ci1fe)
�
582-3�55809
m
Revised: August l9, 1996 (Contracts-c:ir�gina�rele�se.trmLva)
Schedule of Fixed Rates
.A.RTICLE 1. PRICES
Payment far xequired Wozk pexformed undez this Contract will be based on the following fixed
price(s}:
ite�n
Monitarins Activities (i�RM)
(Continnous)
�st. Ouantitv Unit Price Total
4 Monitors $ 18.000.00 $ 72,{300.dQ
2 Monitors $ i6,00b.UU $ 32,{]�fD.00
$ $
$ � $
$ $
Total Annuallv $104.000.00
ARTICLE 2. SUBMITTAL OF PAYMENT REOUESTS
Payment requests must be submitted at the interval specified below (wh�chever is checked; if none is checked, payment
requests must be subznitted manth�y; if more than one is checked, iui�+oices must he submitted when both requirements
are ,met):
❑ monthly
❑ upon completion, of deliverables specified herein (see
d upon completion af a!1 Work
� Oiher (specify) Ouarterlv
)•
Contract #582-3-55809 19
' � r
PROJECT REPRESENTATIVES
REC�RDS LOCATION
ARTICLE 1. PERFORMING PARTY
The term "PERFORMING PARTY" as used in this Praject Representatives / Records Lacation means either
PER�ORMING PARTY or CONTRACTOR, as applicable.
ARTICLE 2. TNRCC PRO.TECT RE�RESENTATIVE
The individual named beiow is tt�e TNRCC Praject Representative, who is suthorized to give and t�eceive
communications and directions on be�alf af the TNRCC. A�1 cammunications including aIl paynaez�t requests must
be addressed w the TNRCC Project Representative or t�is or her designee.
�d Michel
(Name)
Telephone No.: 5�21239-1384
AEmosnheric Scientist 165 Facsimile No.: 5121239-1605
(TitEe} (Mail Code)
Texas Natural Resaurce Canservation Commission
P.O, Box 13087
Austin, Texas 78711-3087
ARTTCLE 3. PERFORMING PARTY PROJECT REPRESENTATIVE
The individual named below is the PERFQRMING PARTY Project Representative, who is authorized to give and
recei�e communications and duections an behalf of the PERFORMING PARTY, All communications ta the
PERFORMING PART'Y will be addressed to the P�RFORMING PARTY Project Representati�e or his or her
designee.
T.C. Michael .
(Name)
Environmental Prosram Manaeer. Air Di�ision
{Tille}
SD00 MLK Freewav .
(MaEling Address)
Fort Warth TX 7b114
(Ciry) (51aie) (Zip Code)
Telephone No.: 81�'1871-5455
�acsimile No.: 8171871-5464
ARTICLE 4. SUBMITTAL OF PAYMENT REOUESTS,
Fayment requests must be submitted to (whiche�er is checked): •
�the "TNRCC Project Regresentative.
❑ the TNRCC Disburse�nents Section.
(if neither bax is checked, paymeni reques#s must be submr"tted to the TNRCC Disbursements Section).
ARTICLE 5. DESIGNATED LOCATIDN FOI� RECORDS ACCESS AND REVIEW
The PERF�RMING PARTY designates the physica� Iocation indicated below for record access and review
pursuani to anq applicable provision of this contract:
(Lacation)
(Mailing Addressj
(City1 (State) (Zip Code)
Canlract #582-3-55809
�1]
GENERAL CONDITXONS
INTERAGENCYIIlVTERLOCAL PURCHASES
CATEGORYi
ARTICLE 1. WORK
PERF'�RMING PARTY agzees to pro�vide the work described in and required by ttus Con,tract, In this Coutract
the term "Work" rn�eans the entire completed undertaking, ar the vazious separately identifable parts thereof.
Work includes all goods, Iabor, se;rvices, materials and equipment provided in fisl%llment of tius Contract by any
person ar entity including PERFORMING pA.RTY's employees, agents, assigns, suppliers, and subcontractors.
ARTICLE 2. AMENDMENT
This Contract may be amended only by written agreement signed by both parties.
ARTICLE 3: INSURANCE
PERFORMING PARTY will require its contractors and their subcontractors to maintain, insurance co�erage
suffcient to protect TNRCC against any and all claims that may arise aut of or resulting from tf�eir perfomiance of
the Work and the other obligations undertaken in this Contract, and to maintain Wnrkers Campensation Ynsurance
which camplies witil Texas stattitory requirements.
ARTICLE 4. ACCEPTANCE, GORR�CTIONS. WANER, WARRANTY, OUALITY
1. Acceptance. Ai1 Work must he complete and satisfactory in the reasonahle judgment of the TNRCC.
2. Carrections. PERFORMING PARTY wiU correct errars, omissiaias, and deficiencies at no charge to i�e
TNRCC.
3. Waiver. No waiver, whether expressed or implied, shall be construed as a continuing waiver unless it is
specifically described in writing as a cantinuing waiver.
4. Warranty. All warranties implied by law are applicabie to the Wark. Nothing in this Conuact nor any action
of the TNRCC wi11 act as a disclaitner of any warranty. Al! warranties are for a period of ONE YEAR fram the
date af acceptance unless a differcnt period is stated in this Cantract or in a writtez� warranty. PERFORMING
PARTY exgressiy warrants that the TNRCC will receive the henefits of third-party warranties (whether
manufacturer ar supplier) ap�licable to the Woxk.
5. Quality, Ail materials and equipment shall be of good quality and n.ew, except as otherwise pro�ided in th�
Contract. If required by TNRCC, PERFORMING PARTY will furnish satisfactory evidence (which may include
reports of required tests) as to the kiz�d and quality of materials and equipment. All materials and equipment shail
be appIied, installed, eannected, erected, used, cleaned and conditioned in accordance with instnzctions of the
applicable Supplier, except as atherwise pravided in the Contract.
ARTICLE 5. PAYMENT
1. Payment I�riethads. TNRCC wil! reimburse PERFORMING PARTY's allowable costs of providing Work
which is satisfactory, accepted by TNRCC, and in confornuty with all requirements of tliis Contraet and apglicable
law. Payment wiil be either on a basis of a) reiznbursement of actual costs as incaned, or b) agreed upon fixed
rates which are the nearest practicable estinnate of PERFORMTNG PARTY's actual costs.
2, Reimbursement of Actual Cost as Incurred. If this Contract cantains a Contract Costs Budget, PERF�ORMING
PARTY will be paid on the basis of reim6ursement of actual costs. At the intervals specified in the Contract Casts
Budget, PERFORMING PARTY may submit a request for reimbursement of tb.e actual costs it has incurred. AII
such reques�s must be accompanied by supparting documentaiion as requiced by this Contract. PERFORMING
PARTY agrees that the TNRCC's obligation to reimburse the PER�ORMING PARTY's costs will remain within
Contrac� #582-3-55809 21
khe Contract Costs Budget and that cumulative transfers among the budgeted direct cost categories will not exceed
ten percent {la k) of the total reflected therein.
a. Tf PERFORMING PARTY is a skate agency as defineci in Go�'T Cong ch. 741,�then all
re�nbursernent requests must be submitted to thc TNRCC Projeat Representative on a State of Texas
Int�ragency Transaction Vnucher. AZl rsqussts nnust be accompanied by a summaxy report or invoice
showing the budgeted cost eategories for the reported expenditures and indicating the amount remaining in
each category.
b. If PERFORMING PARTY is no� a state agency, #hen all rei.�►bursemeni requests m�st be submitted to
it�e TNRCC Project Representati�e with a cornpleted TNRCC Financial Siatus Report {TNRCC Fo:rm
269a) and (as applicable) TNRCC SupplementaI Financial Status Report Forms 2fi9a-1,269a-3, and 269a-4.
A flnal Financial Status Report must be submitted no later than 90 days following the termination date of
this Contract.
3. �ayment at Fixed Rates. If this Coz�tract contains a Schedule of Fixed Rates, PERFORMING PARTY w�ll be
paid an the basis of agreed upon fixed rates (fixed prices}. AE the intervals specified in the Schedule of Fi�ed
Rates, PERFORMING PARTY may submit an invaice requesting payment for all satisfactorily completed wark at
the fixed rates specified in the Scheduie of Fixed Rates. All such requests must be submitted to the TNRCe
Project Representative and must be accompanied hy supporting documentation as required by this Contract. If
PERFORMING PARTY is a state ag�ncy, tlae payment reques# must be su6mitted on an I�teragency Tra�saction
Voucher.
4. TNRCC may reiuse to pay any request submitted rnore than 90 daqs after the termination of this Cantract.
ARTICLE 6. SUBCONTRACTORS, OTHERS
I. Qualified 1'ersonnel. All eslzployees and subcontractors employed hy PERFORII+I�NG PARTY on or for the
Work must have sufiicient qualifications to perform the Work.
2. Objections. PERFORMING PARTY will not employ any particular suhcontractor, sugplier or other person or
organ�zation on or for tlie Work if TNRCC makes a reasanable writtean objection againsi such subcontractnr,
supplier, person, or organization. PERFORMING PARTY wil� not be required to employ any partieular
subcontractor, supplier ar other person ar organization if PERFORMING PARTY makes a reasonable abjectian,
3. Subcontracts. P�R�'�RMIlVG PARTY will include all provisions rvhich may be necessary to accomplish all
:requirerrzents of this Cantract iva its employment polieies and contracts and its sabcontracts, atzd shali require its
subcontractors to do the sarne.
ARTTCL� 7. TNTELLECT[IAL PROPERT'Y
1. License nf �'utuxc Rights. With respect to any inte(lectual property which is conceived, developed, written,
invented, first actually reduced to practice or otherwise produced by PERFORMING PARTY, its emplayees,
snbcontractors, or subcontractor's employees during fhe per%rmance of the Work, PER��RMTNG PARTY
herehy assigns tn TNRCC a nonexcins�ve, pergetual, irre�ocable, enterprise-wide Iicense ta use, capy, publish and
modify such intellectual property and authorize others to do so for TNRCC purposes. Upon terinination of this
Contract, a�l data and information by PERF'ORMING PARTY will be furnished to TNRCC.
2. License of Existing Rights. PERFORMING PARTY grants to TNRCC a nonexclusive, per}�etual, irrevocable,
$ntezpxise-wide liccnse to use, copy, pubIish, and modify any intellectual property in the Work and to autharize
otb.ers to do so for TNRCC purposes. PEItFORMING PARTY shall secure all necessary intellectual. pxoperty
licenses from tt�ird parties and warrants that the Work and the intended use af the Work wzll not infringe any
property rights of any third-party. PERFORMING PARTY agrees to require its contractors to indernnify and hold
Contract #582-3-55$09 22
haariless TNRCC from damages arising from oz related io any infringement of rights in intellectual property, To
the extent permitted by law, PERPORMING PARTY agrees to indemniiy and hold har�iless TNRCC from
damages arising from or related to any infringement of rights in intellectual property.
ARTICLE 8. SEVERABILITY
The fact that a particuIar provision is held under a�:y applicable law to be void ar unenforceable in no way affects
the validity of other provisions and the contxact will continue to be binding an both parkies. Any provisian that is .
held to he void or unenforceable vvill be replaced with tanguage thaC �s as close as possih�e to the intent of the
original provision.
ART[("LE 9. SUSPENSION; TERMINATION
1. Fnr Cause. In the e�ent of PERI�ORMING PARTY's failure ta perform the Work as required by the Contract,
violation of appiicable law, substantial or material default, ar other cause, TNRCC may suspend the Work oz
ierrninate this Contract for cause.
2. Force Majeure. In the event oi delay or iailure of performance caused by force majeure, TNRCC may •
terminate this Agreement in tvhale or part upon seven (�) days written notice.
3. Far Canvenience. TNRCC may terminate tt�is Contract for convenience and without cause upon seven {�'} days
natice.
4. Payment Adjus�rnent. If the TNRCC ternvnates for convenience or because of force mnjeure, PERFORMING
PARTY sha3l be paid anly for goads and services provided and necessary expenses incurred prior to termination.
ARTICLE 10. SURVIVAL OF OBLIGATIONS
All representations, indemnifieations, warranties and guarantees made in, required by or gi�en in accordance with
tbis Contract, as well as all continuing obligadons indicated in ttie Cantract, wil1 survive final gayment, completion
and acceptance of the Work and termination or completion of th� Contraet.
ARTICLE 11. LAWS AND R�GULATIONS
PERF�RMING PARTY shall give all notices and comply with all agplicable 1aw regarding the Work. Except
vvhere otherwise expressly required hy applicable law, TNRCC shall nvt be responsible for monitoring
PERPORMTNG P.ARTY campliance with any applicable law.
ARTICLE 12. AUDIT. ACCE5S TO RBCORDS
The PERFORMIN� PARTY shail maintain 600ks and records conceming all Work under this Contract (including
that performed by subcontractozs), and sha�I retain tlzem for at least three (3} years from the date of terminatian af
this ContracC. The TNRCC, tlae Texas State Auditor's Office, or any of their duly authorized representatives may
re�iew, audit, copy, Qr disclose tiae contents of such books or records at any time.
ARTICLE 13. MiSCELLANEOUS
1. Except as otherwise provided in this Contract, PERFORMING PARTY will direct all communications with the
TNRCC to the Pro3ect Representative designated by the TNRCC. '1"he PERF�'ORMTNG PARTY wiil designate a
Project Representative ta receive ali cornmunications frozn the TNRCC. Both Pxoject Representatives wi� be
designated in writing (see Praject Representatives / Records Location).
2. "Time is of the Essence" wi1l apply to aIl time limits stated in the Contract.
3. The PERFORMING PARTY will adhere to atl applicable standards, principles and guidelines detai�ed in fhe
Unifarm Grant and Contract Management Standards (UGCM5}, including thase related to iinaucial monitoring,
aaditing and record keeping.
Con�ract #582-3-55809 23 .
� Y � , • +�
AR�TICLE 14. DATA AND Pi]'BLICITY .
1. A�1 data and other information daveloped under this Contract shall be furnished to the TNRCC and shall be
public data and informataon excegt to the ext�nt that it is exempted from public access by Vernan's Tex.
Gov. Cade §§552. Upan termination of tk�is Contract, all data and infarmation shall become the property of
TNRCC.
2. Except as otherwise pxovided by this Contract, the PERFORMING PARTY shall not pro�ide data
generated or otherwise obtained in the performance of its responsibilities under this Contract to any party
other than the 5tate of Texas an.d its authorized agents.
3. The PERFORMING PARTY agrees to notify the TNRCC prior to or i�nmediately after releasing any
information to t�� newa media regarding the activities being conducted under this Agreement. Except for
Texas Open Records Act (T.O.R.A.) requests, PERFQRMING PARTY agrees, when pracdcable, to refer
all news media inq�iries regarding activities under this Agreement to the TNRCC.
Contract #582-3-55$09 �4
FEDERAL CONDITIONS
GATEGORY I
ARTICLE 1. FEDERAL REOUIREMENTS
This Contract is funded in part with federal grant ma:ney. The follawing conditious apply to this ConlracC in
addition to all other contract terms. Al� applicable requirements of TNRCC's federal grants and 40 C�R Paris 30
through 35 are incorporated hcrein by reference (TNRCC will provide copies of applicabie federa] grants or
regulations upon request). The term "PERFORMING PARTY" as used in these Federal Conditions means either
PERFORMING PARTY or CONTRACTOR, as applicablc.
ARTICLE�2. FEDERAL INTELLECT[1AL PROPERTY REOUIREMENTS
A nonexclusive, perpecuaI, irrevocable license to use, copy, publish, and modify any intellectual property to which
rig4�ts are granted or assigned ta TNRCC in this Contxact are hereby also granted tn, assigned to, or reserved by
the Federal Govemment. To the exta�t consistent with the rights of third parties, the F'ederal Government shaIl
also have the right to se1! any intellectua! property right it reserves or acquires t.�rough this Contract.
ARTICLE 3. ACKNOWLEDGMENT OF FINANCTAL SLIPPORT
The PERFORMiNG PARTY shali acknovvledge th� finan,cial support of th� TNRCC and the iT.S. EPA w�enever
work funded, in whole or part, by tl�is Contract is pnblicized or reported in news me�ia or publications. A,11
repor#s and.other documents completed as a part of this Contract, other than documents prepazecF exclusively for
internal use within the TNRCC, shall carry the faZlowing notation on the froni caver or title page:
PREPARED IN COOPERATION W1TH THE
7EXtIS NATURAL RESOCIRCE CONSERVATION COMMISSIONAND
U.S. ENVIRONMEN7'AL PROTEGTIDNAGENCY
The preparation of this report was financed through grants from the U. S. Environmental Protectian Agency
through the Texas Natural Resource Conservataan Commtssion.
If the funding source is a U.S. agency other than U.S. EPA, the name of the appropriate federal agency should be
s�6sti€uted.
ARTICLE 4. COST AND PRICE OF THIS CONTRACT
If this Contract was nat competitiveiy grocured or if payment is �ased on reimbursement of actual casts, then
PERFQRMING PARTY shall submit cost information suff'icient for a cost analysis as required by 40 CFR §31.36.
This information must be suhmitted on forms provided by the TNRCC.
ARTICLE 5. ACCOUNTING SYSTEMS AND PROPERTY MANAGEMENT SYSTEMS
1. PERFORMING PARTY sbal,l I�ave an accounting system which accounts for costs in accordance with generally
accepted accounting standards or principles and comglies with 40 CFR §31.20. This systern sha�l provide for the
identification, accumulation, and segregation of allowable and unallawable project costs among projeeis,
2. PERFORMING PARTY shall have a properry management system ttxat complies with the standard of and
req�irements in 40 CFR §§ 31.32 th�rough 31.33.
ARTICL� 6. RECORD D�CUMENTS, DATA, RECORDS, ACCESS, AND ALTDIT
The �ederal Government an,d its agencies will have the same rights of access to recards as are granted to, assigned
to, or resexved by the TNRCC under this Coniract.
ARTICLE 7. DEBARMENT
Cantract #582-3-55849 2S
On or prior to the effective date af this Contract, PERFORMiNG PARTY rz�ust sub:mit a Certificatian Regarding
Debarment, Suspension, and Other Responsibility Maiters. PERFORMING PARTY must also submit a
Certificataon Regarding Debarment, Suspensior�, and Other Responsibility Matters / Lawer Tier for each
subcontractor it employs to conduct the Work. These certifications rnust be suhmitted on forms pravided by the
TNRCC.
ARTICLB S. MINORITY BUSINESS ENTERPRISES / WOMEN'S BUSINESS ENTERPRISES (MBEIVV�3Es1
i, P�RFQRMING PARTY shall take steps to encourage participation by minority business enterprises and
women's business enterprises i� tl�e performance of t�is Cantract.
2. Tf the Generad Condirions of this Contract da not contain a reqnirement that PERFORMING PARTY subzn.it
infonnation regarding its subcontracts with Historicalty Underutilized Businesses (HiJBs} as deimed by Texas law,
then PERFORMING PARTY shail camply with the MBE/WBE requ�rements imposed on TNRCC in ttte federal
grant or grants funding this Contract, and submit information regarding its subcontzacts with MBE/WBEs on forms
pravided by the TNRCC. State agencies subject tv State af Texas procurement lavv regarding HUBs need not
submit MBEIWBE subcontracting infozrnatian to the TNRCC.
Contract #5$2-3-55809 26
C`ity o, f Fart l�Y'o�th9 T'exas
f�l�yor �r�d Counc�l Comnlu�ic��t�or�
DA7� REFERENCE NUMBER LOG NAME PAGE
913IO2 **��19��� � 52AIR I 1 af 1
suB��cT INTERLOCAL AGREEMENT WfTH TEXAS NATIJRAL RES�URCE CONSERVATION
COMMISSION FOR THE OPERATION �F L�CAL AIR POLLIJTION MONITORING
SITES
RECOMMENDATION:
]f is recommended that the City Council:
�1. Authorize the City Manager to execute an interlocal agreement with Texas Natural Resouree
Conserva�ion Commission, or its successor agency, for the continued operation of local air pallu#ian
moniforing sites �or the period beginning Sepiember 1, 2002 through August 31, 2004; and
2. Ado�t the attacl�ed appropriation ordinance ir�creasing estimated receipts and apprapriations in the
Grants Fund by $� 04,000 in fiscal year 2002-2003, subject to receipt of an executed contract.
DiSCUSSION:
In �998 the United Stafes Environmental Protection Agency revise� its m�asurement standards for
particula#e matter (PM) emissions into the atmosphere. Since FY1999W20D2, the Texas Natura[ Resource
Cons�rvatian Commission has confracfed wi�h the City for operation and maintenance of the monitoring
equipment they pravide fior six PM monitoring stations. The location af each station is as follows:
o Environmental Resource Center 5000 Martin Luther King Freeway (2 monitors)
� Diamand Hill Communify Center 1701 NE 37t� Street (1 manitor}
� Haw� Athletic Center 6Q0 Congress Street (2 mar�itors)
• Stage Coach 8608 Vllest I-30 (1 monitor}
The City is responsible for refrieving the sampling data, sending it for analysis, and �ertorming regular
maint�nance activities on the equipment under the ferms of this confract.
�ISGAL INFQRMATI�NICERTIFICATION:
The Finance Director certifies that upon approval of fihe above recommendations, funds will be a�ailable
in the current ap�ratin� budget, as appro�riated, ofi the Grants Fund.
L,W:n
Submitted for City Manager's
Office by:
Libby VJatsan
Originating Department I3ead:
Brian Boerner
Additional Information Contact:
Brian F3oerner
I FUND I ACCOUNT'
(to)
GR76 451543
6183 GR76 5(Various)
�
8085 I (from)
�
8485 I
CENTER
052412803D00
052412803D10
I AMOUIVT
CITY SECRETARY
APP�OVED U9/Q3/02
ORD.# 15225
$104,000.00
$104,OOO,DO