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HomeMy WebLinkAboutContract 47243 j �Crff pyFonT WoRTH—CAMS TCEQ CONTRA,CTN MUR:582-16-60238 Texas Commission on Environmental Quality Cooperative Reimbursement Contract for State Agencies and Local Governments CONTRACT SIGNATURE PAGE Contract Name: City of Fort Worth--CAMS Contract Number: 582-i6-6o238 Performing Party: City of Fort Worth Performing Party Identification Number: 17560005286 Maximum Anthorived Reimbursement: $35,000-00 Effective Date: 0 September 1,2015 ❑ Date of last signature Bxpiration Date; ® August 31,2016 Q Last day of Fiscal Year in which the Contract was signed ❑ If checked,this Contruct requires matching funds, Match Requirement: ❑ If checked,this Contract is funded with federal funds, CFDA Number: Federal Grant Number: This Contract is entered under: ❑Gov't Code ch,771®Govt Code ch,791❑Water Code§.5,125. The Texas Commission on Environmental Quality(TCEQ),an agency of the State of Texas,and the named Performing Party,a state agency orlocal government ofthe State of Texas,enter this agreement(Contract)to cooperatively conduct authorized governmental functions and activities under the laws of the State of Texas. The Parties agree.as follows: (a)to be effective,the Contract must be signed by an authorized official of the TCEQ and the Performing Party;(b)this Contract consists of all documents specified in the list of Contract documents following this page;and(c)as authorized by TCEQ,Performing Partywill conduct Contract activities as pant ofits own authorized governmental functions and TCEQ will reimburse .Allowable Casts subject to the Texas Uniform Grant Management Standards(UGMS)and this Contract. Texas Commission on City of)Fort Wortli Environmental u ity(i Q) (PelTorpling Party) Authorized Signature Authorized Signature Richard C,Chism Printed Nain Printed Name As 5,S MV't- r �Ytle Director,Moniittoring Division •- Date atL' Prncnre:nents&Contracts 72e resentative / APPROOD AS TO i Ui— l AND LEGALITY: Printed Name "a% Asststaat City Attu Date .. g 1.of 23 A i U, � '✓rf�✓i��r Y(%e�6(a (�rr eny01--?FORT WORTH CAMS TC13QCo1VMACTNUM BBRt582-x6-6o238 CONTRACT DOCUN[LNI'S LIST Cooperative Reimbursement Contract for State Agencies and Local.Governments This Contract between TCEQ and PerfornJng Party consists of the Contract noeuments listed on this page and mazkedby an'%." Documents on this list include all amendments. Zu the event of a conflict of terms,the Contract Documents as amended control in the descending order of the list,subject-to provisions in ilia Special Terms and Conditions,if any. All Contract provisions,however,are subject to control by the latest amendment and most specific provision and by the applicable state and federal laws,rules and regulations. ` ® Contract Signature Page Contract Documents List(this page) ® Special Terms and Conditions ® Federal Section(Including Federal Conditions and Completed Forms) Scope of Work Cenral Texras and Conditions Cost Budget ® Notices,Project Representatives and Records Locations ® Appendix A:Required Forms--Form 1:IDC Form 2 Of 23 TCEQ CONTRACT NT XMFII R:582-26.60238 Crry OF FORT WoRTn CAMS SPECIAL TENS AND CONDITIONS The Term of the contract shall ndco tinueothrough August 3 M6.This contract ontract may be September 1,2oI5,or the Signature,whichever is later, renewed for three(3)one--yeas'periods upon mutual.wi7tten agreement between both Parties. The same contract requirements apply to a renewal.period and any extension as apply to the contract period. z, An extension of hundred(180)days s mat Y be exercised one - An mutually agreed upon between both Parties r 3 ofz3 CITY OFFowr WORTH-CAMS TCEQ CONTRAcrNYTiVIam-5$2^16-60238 SCOPE OF WORK I. FACTS/PURPOSE The Performing Party will operate and maintahi two continuous air monitoring stations (CAMS)in Fort Worth and Eagle Mountain Lake,Texas in accordance with the effective Texas Commission on Environmental Quality(TCEQ)quality assurance project plan(QAPP) pertaining to the State or Local Air Monitoring Stations(SLAMS)network,equipment standard operating procedures(Sops),and the Preventive Maintenance Instructions WMV Manual.Documentation is available upon request. Station locations: CAMS 0017--Keller,Federal Aviation Administration(FAA)site off Alta vista Road,Fort Worth, Texas CAMS 0075—Eagle Mountain Lake,14290 Morris Dido Newark Road,Eagle Mountain,Texas These stations are subject to relocation upon property owner request.In the event of site relocation,the Performing Party will be notified go days prior to relocation and will operate the site at the new location. Equipment at CAMS oor7 includes one oxides of nitrogen(No.,)monitor. Equipment at CAMS oo75 includes one NOX monitor, The Performing Party will operate any additional or relocated ambient air equipment at the currently established or new monitoring stations as agreed upon by both parties. II. TCEQ RESPONSIBILITIES/DESIGNATION OF STAFF Provide all air monitoring equipment,parts,audit equipment,and equipment related supplies,-excluding office supplies,for the proper operation of the air monitoring stations. • Provide all site maintenance equipment(i.e.,lawnmower,edge trimmer). • Provide shipping labels upon request for the Performing Party to ship air monitoring equipment,parts,audit equipment,and equipment-related supplies to the TCEQ. Provide the Performing Party staff with individual virtual private network(VPN)access accounts to chock the site status remotely during the term of the contract using the agency's internal status report webpage. Provide training for equipment operations and other activities designed to increase technical capabilities required to support this agreement upon request by the Performing Party. Provide limited technical support related to equipment at the site by phone or email, Conduct annual field assessments of the air monitoring stations. III. PERFORMING PARTY RESPONSIBILITIES A. Provide one primary site operator(with a minimum of six months experience with ambient air monitoring equipment)and one backup site operator.These site operators 4 of 23 Crrx oF BorrVorrx-CAMS TCEQ Co MUA('TNUMBERt 582-16-60238 must be electrical/mechanical grade technicians capable of operating and performing light maintenance on meteorological hardware and electronic monitoring equipment, One operator must be present during all TCEQ assessments or site visits. F, Provide site operators proficient in the use of digital volt meters and personal computers. TS,QApI's,and any guidance C. Operate the equipment according to applicable SOPS,PM supplied by the TCEQ Contract Administrator.This documentation is available upon request and maybe revised from time to time. D, Monitor the site status remotely through the TCEQ's internal status report webpage using the TCEQ-provided VPN access.E nsure individual VPN access accounts remain active.If VPN access is lost,it is the Performing Party's responsibility to alert the TCEQ Contract Administrator upon discovery. E. possess and use the information,practical knowledge,techniques,and skills to comply with federal and state air monitoring rules,including those listed in the effective Code Of- Federal Regulations. F. Communicate effectively with the TCEQ technical staff to troubl shoot Bator ti with a ng equipment.Performing Party must provide at least one primary p minimum of six months experience with ambient air monitoring equipment. G. Make travel arrangements and cover expenses for Performing Party staff associated with requested training and meetings. g om the TCEQ,manages the H. Designate a project representative who receives directions fr work being perforxzied,and acts on behalf of the Performing Party as an authorized representative. I. If-an equipment failure requires a site visit by the site operator,visit the site the same day if feasible,but no later than the next business day.in order to minimize a the ll°nE day J, Communicate all equipment malfunctions or failures to the TCEQ by as discovered. Include symptoms or cause of failure and contact information for the performing Party personnel immediately available to troubleshoot. I(, provide a physical shipping address for replacement equipment,parts,and supplies. L. Ensure contract deliverables are performed and delivered on time as described in Table Vz.A. t M. Inform mthe TCEQ contract administrator in writing within one business day if any continuous monitor fails to collect data for more than 48 continuous hours or when two consecutive non-continuous samples are missed or invalid. N. Submit quarterly invoices to the TCEQ Contract Administrator and the Contract Manager within one calendar month after the end of the quarter,Late submittal of invoices will i noted and documented in the end of the year evaluation that may determine the continuation and of this contract.Invoices must include a detailed breakdown of all expenditures.Any inappropriate expenditure,including items not related to'the project,will result in the invoice being rejected. ne calendar O. Submit a completed Release of Claims form with the final invoice within o month of termination of the contract. p, Respond to site and contractual information requests from the TCEQ Contract Administrator as requested. Q. Provide limited logistical support related to relocating or establishing a now air monitoring site.This may include,but is not limited to,assistance with locating a new 5of23 CM o�FoRTW0VMr—CAMS TCEQ CoxrxACr MWOFAL:g82-16-60238 site,providing access to contractors and.utility companies For site construction.,and reviewing and documenting site constrnrction activities. R. Transitional Services: Given the nature and importance of the services requested under this contract,the TCEQ must maintain uninterrupted services.The Performing Party shall provide services as needed to assist in the smooth transition of a replacement Performing Party.Transitional services include,but are not limited to the following: • The Performing Party will provide one week of training to the replacement Performing Party. • The Performing Party will provide reports,maps,property site contact information, keys,equipment,and other TCEQ properly to any replacement Performing Party upon execution of said fixture contract. • The Performing Party will report to any replacement Performing Party any pending problems being investigated or for which equipment repair o�de to any incomplete. lacement • Upon request:by the TCEQ,the Performing Party will provide ' p performing Party access to site trailers,buildings,utilities, or other locked areas. • The Performing Party will notify the TCEQ Contract Administrator in writing when the transition of services is complete. At all times,the Performing party will provide complete cooperation,courtesy, civility,and professionalism when providing transitional services and communicating with any replacement performing Party staff. IV. DESCRIPTION OF DELIVERABLES The Performing Party must operate and maintain the air monitoring stations and the PMI manual, according-to-the current TCEQ QMP,TCEQ QAPPs,applicable TCEQ doeuments can be accessed through the TCEQ RHONE page and are also available upon request. V. SCHEDUILE OF DELMnABLES The perforrnirag party must provide the following deliverables to the TCEQ in accordance with the schedule in Table V.1A. 6 of 23 Y Crxx OF FORT WoRTir—CAMS TCEQ Cosa r>�cr NUMBEW.582-xb-6ozg8 Table V.1 Submit to: . Applicable Respective Tasks and Timeframes Deliverable -Equipment.— LEADS Data Collection NUx • Collect and monitor continuous ambient air via VPN data according to applicable SOPS provided or rtoough he by the Contract Administrator. logger • Review continuous data In Leading Environmental Analysis and Display system (LEADS) daily to ensure sampler function. Document this review in the electronic operator log on the day it occurs. Contract Equipment NO, • Respond to equlprnent failures or Equipment re malfunctions by visiting the site on the Administrator, ' Response same day if feasible,but no later than the TCEQ next business day. Notify TCEQ in writing impiementatio within one business day of problem n Team and resolution. LEADS via VPN • Document site visits in the electronic operator log on the same day the visit occurs for sites with access and within two business da for sites without access. Equipment NOx • Report equipment failures or malfunctions TCEQ Failure and in writing the same day as discovered. Implementatio Sample Loss Include symptoms or cause of failure and a n Team and Deport contact name of the person Immediately Administrator available to troubleshoot with Monitoring Division staff. • Report In writing within one business day after any continuous monitor falls to collect data for more than 48 consecutive ours. . Provide a physical shipping address for replacement equipment, parts, and su lies. . Perform eight LCCs per year,two per LC_c@tcep texas. Laboratory NOX approximately 45 days gov Control Check seasonal quarter, app Y (LCC) and apart. Seasonal quarters are defined ass Report December- February n March - May a June-August September—,November . Submit LCC reports within two business i da s of com letlon of LCC. Of 23 Crrst OF FORTWbziTH CAMS TCk1Q CoNTRAcr N FR:582-16-60238 Applicable Respective Tasks and Timeframes Submit to; Deliverable Equipment p — Preventive NOX • 4-014,Analyzer Sample Intel Particulate LEADS via VPN Maintenance Filter Replacement(PlOX), a minimum of Instruction every two weeks (PMI) • 4-360,Amblent Sample Line Replacement, Completion a minimum of once per year • 5.360, Exhaust Scrubber Charcoal Replacement, a minimum of once per year . 9.180, Zero Air Wduie Charcoal Scrubber Replacement, a minimum of once every six months • Any future PMls developed for this eciulpinen t with TCEQ notification Site Activities NOx • Document all site activities in the LEADS via VPN Documentation electronic operator log before leaving the site where access to electronic logs Is available.. Document all site activities In the electronic operator log within two business days where site access to electronic logs is not available. Audit and NOX • Submit completed pre-audit questionnaires TCEQ Data Tam Assessment within ten business days of audit Q d1r Co tract Assistance notification. • Assist TCEQ staff or EPA auditors on-site Administrator during all TCEQ audits and assessments as requested. P Reply in writing to all TCEQ written requests for audit responses within one calendar month of the request. Site shelter • Maintain site free of vegetation higher than LEADS vIa VPN Maintenance six inches and trash or debris. • Ensure site remains locked and secure wheh staff are not on-site, • Obtain written approval from TCEQ to change the site lock or combination. o Obtain vegetation control equipment from TCEQ, 8 of 23 CITY OF FORT Woxiif--CAMS TCEQ CONTRACT NUM )I R:582-16-60238 Applicable Respective Tasks and Timeframes subunit to: Deliverable Equipment Initial NO, • Within 6 months after the effective date of Contract Demonstration this contract, submit completed IDC forms Administrator of Capability and supporting documentation to the TCEQ (IDC) Contract Administrator for all equipment l and all current operators. Ensure all.site operators demonstrate passing IDCs. . If an operator Is hired after the effective date of this contract, submit completed IDC form within 6 months of the operator's hire date. Ensure the operator demonstrates a passing IDC. . Complete all IDCs using Form 1 JTDC Form, provided in Appendix A, and make the i completed forms and any supporting documentation available upon TCEQ request, Invoice and NO, + Submit quarterly invoices within one Contract Release of calendar month after close of fiscal Administrator Claims quarter. Fiscal quarters are defined the and same as seasonal quarters. Contract Submission . submit completed Release of Claims form Manager with final contract invoice. Data NO, • Track and submit data completeness Contract Completeness reports with the quarterly Invoices within Administrator one calendar month after close of fiscal quarter. Within the data completeness reports, include a description of how data completeness was determined. Ensure data completeness is a minimum of 85 ercent °/a per monitor per month. Inventory NO, Notify the Contract Administrator within Contract Management two business days of equipment Administrator and Reports replacements. • Return inoperable equipment to the TCEQ within five business days of replacement. • Upon request,assist the Contract Administrator with maintaining Inventory control and with Inventory Management Database data requests within the specified timeframe. • Track and submit inventory reports with the quarterly Invoices within one calendar month after close of fiscal quarter. Fiscal quarters are defined the same as seasonal quarters. Nox-Nitrogen oxide LEADS-Leading Environment-a]Analysis and Display System sop•.standard operating Procedure VPN-Virtual Private Network TCEQ-Texas Commission on Environmental Quality EPA-Environmental Protection Agency 9 of 23 CM0FFoRTWo.RTH--CAMS TCEQ CorrrnA.cx'NUM r�,R,682-x6-60238 VI. ACcFpTANCECRTTIMA The performing Party is required to provide the TCEQ at least an 85 Percent(%)quarterly data return from all monitors and samplers.If the 85%data return is not achieved,assignable cause must be identified within a week after each month end.Assignable causes may include acts of nature (tornadoes, hurricanes, hail, etc.), vandalism, or circumstances beyond the control of the Performing Party. Neglect of the site is not an assignable cause. TCEQ may reduce Performing Party's payment for the fiscal year by up to 25% if the required data return is not achieved and there is no assignable cause. The possible reduction amount (25% of the fiscal yeax funds) will be divided evenly between each quarter of operation of each monitor. For example,if this Scope of Work calls for four monitors to be operated for four quarters each,the possible reduction amount will be divided 16 ways. In that example, for each quarter that a monitor does not achieve the required data return,TCEQ may deduct up to x/16 of the possible reduction amount.Considerations for the reduction of payment will consist of evaluation of the Performing party's performance of required operating procedures, quality control procedures, and effective and timely communication of non-compliance issues. Nora-compliance issues include deviation from the documented procedures in -the SOPS, QAPPs, PMZs, and the contract.This adjustment is cumulative with all other remedies. 10 of 23 Crrst og)1 ortT�i7oz��zr CAMS TCEQ CONTIZACTN�l�zu 532-x6-60238 Cost Budge Cooperative Reimbursement Contract -for State Agencies and Local Governments x. Budget, A.uthorizedbudgeted expenditures for worl�performed are as follows: Budget Categoly Cost for work to be Performed Salary/wages $15,500.00 Fringe Benefits $6,185.00 Travel $500.00 Supplies $4,207.06 Equipment $0,00 Contractual $0'00 Consfruotion $0.00 Other $3,950,00 TndiTm-t Costs $4,657.94 Total $35,000.00 a. Inclixect Cost Reimbursable Rate. The reimbursable rate for this Contract is 17.616%of (check one): salary and fringe benefits �]modified total direct costs ❑other direct costs base If other direct cost base,identify: This rate is less than or equal to(cheer one): M approved predetermined rate ❑experienced-based predetermined rate [l default rate 3. other. If Budget Category"Other"is greater than$25,000 or more than 1o% of budgettotal, identify the main constituents: 11 of 23 Crrsror+ ozcxwozzxzz-CAtVIS �CX:QCoNxz�icrNutvDFR:582-16-60238 4. Budget Categories. The Budget Categories above have the definitions,requirements and limitations stated in UGMS. Construction costs are not reimbursable without prior,specific written authorization from TCEQ. ' ion of any Cost Control Budget, �. Su at * r o the fo lowing provisions pply to every Cost Budget incorporated into r approved undor this Contract: 5.1 Cumulative Annual Transfers Up To 10% of the Cost Budget Total.The performing Party may transfer up to ten percent of the annual Cost Budget Total among direct cost categories by submitting a Revised Cost Budget.However,the ten percent limit is cumulative,and the Performing Party may not transfer into direct cost categories containing zero dollars without TCEQ pre-approval. 5.2 Cumulative Annual Transfers Greater Than 1.o%of the Cost Budget Total.TCEQ must approve all budget revisions that transfer more than ten percent of the annual Cost Budget Total among direct cost categories before the Performing Party incurs the increased costs.If - the Cost Budget is incorporated into the Contract,TCEQ approval must be in the form of a Contract Amendment. g,3 Calculation of Cumulative Annual Transfer.The cumulative annual transfer is equal to the sum of the amounts of increase of each direct cost category froze the incorporated or approved Cost Budget.The amount by which any direct cost category has decreased is not included in this calculation. 5.4 All invoices must clearly show how this budget control requirement has been met. 5.5 At a minimum,invoices must show expenses for the invoice period,year-to-date expenses, projected totals for-the year(or applicable contract period),percent of budget spent to date, and percentage of budget projected to be spent. 6. invoice Submittal. Unless otherwise stipulated in the Contract,invoices must be submitted to the individual named in TCEQ Project Representatives and Records Location at quarterly intervals. Final invoices shall be submitted within two(z)calendar months after completing the Scope of Work activities. TCEQ may extend this deadline by unilateral contract agreement. 7, Grant Chargeback Invoices. In the case of an invoice for grant activities being paid during the second fiscal year for which the funds were appropriated,ALL INVOICES MUST R ITT D IN SUFFICIENT TIME FOR TCEQ REVIEW,NECESSARY,CORRECTIONS,TCEQ APP AND SUBSEQUENT PRESENTATION TO THE COMPTROLLER BEFORE THE END OF THE FISCAL YEAR. 8. Travel. In order to be reimbursable,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. g, Supporting Records. Performing Party shall submit records and documentation to'TCEQ as appropriate for the review and approval of reimbursing costs. TCEQ may reject invoices without appropriate supporting documentation. TCEQ has the right to request additional documentation. Performing Party shall maintain records subject to the terms of this Contract. to, Indirect Costs. Performing Party's indirect costs will be reimbursed at the reimbursable rate shown above(if no reimbursable rate is shown above,indirect costs are not reimbursable under this Contract). The reimbursable rate must be less than or equal to the rate authorized under UGMS. To the extent that the reimbursable rate,is lower than Performing Party's actual indirect 12 of 23 CIM OP FORTWORTH-CAMS TCEQ Cm1NIRAer NLwRF_R*5582-16°60238 costs,Performing Party is contributing its unreimbursed indirect costs to the successful performance of this Contract,and waives any right it may have to reimbursement of those costs(if this Contract requires matching fiends,Performing Party may claim its unreimbuxsed indirect costs as part or all of its match). 11.Indirect Rates Authorized Mader'UGMS. The following rates are authorized under UGMS: xl,t z�edeter�aained Rate. An approved predetermined rate is an indirect cost Approved P rate agreed to within the preceding 24 months in a signed indirect rate negotiation agreement with the applicable federal cognizant agency,state single audit coordinating agency, major state funding agency,or another state agency designated by the Governor. An approved predetermined rate shall be expressed as a percentage of the direct cost base specified in the signed indirect rate negotiation agreement. 11.2 Experience-Based Pred.eter mined Rate. An experienced-based predetermined rate is an indirect cost rate agreed to between TCEQ and Performing Party,where there is no approved predetermined rate and there is sufficient cost experience and other pertinent facts to enable the parties to reach an informed judgment(a)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(b)that the amount allowable under that rate would not exceed actual indirect costs. An experience-based a d wa es or(b modified total direct osts.rModified total percentage o£either(a)salary is wages, direct costs are total direct costs less"extraordinary or distorting expenditures,"usually capital expenditures,subawards,contracts,assistance payments (e.g.,to beneficiaries), and provider payments, The direct cost bas selected s and contracts affected,a distribution w Il asotherf indirect costs among all state and Feder g Performing Party activities that share in the indirect costs. 11L.3 llefaldt Rate, A default rate is an indirect of ten percent(10%)of direct salary and wages, to be used where(a)'there is no approved or experienced lased predetermined rate, and(b) -the Performing Party represents that its actual indirect costs equal or exceed ten percent (Io%)of salary and fringe. 2.Adjusrtment of Indirect Rates. A reimbursable rate is intended to be final. Performing Party a arimowledges that TCEQ's budget is limited and funds may not be available to reimburse any increase in indirect costs. contribute any such increase to successful performance of this f its indirect rate,and agrees Contract(if matching funds are required,Performing Party may claim such costs as all or part o' its match). TCEQ waives any,right it may have to a downward adjustment of Performing Party's indirect rate,unless the reimbursable rate is greater than the Performing Party's actual indirect costs. if the latter case,if reasonably if not-feasible,where-permitted y law shall Q be and rPerforznin9 to this Contract or a future Party may identify additional services to be perfaxmed by Performing Party as a compensating adjustment, or Performing Party shall reimburse TCEQ the excess indirect costs paid. 23 of 23 CrrxOPFORT WoIrfif-CAMS TCEQ CiONTItA.CrNIwi%I&R:582-A-60238 GENEI,A L.'TERMS AND CONDITIONS for Cooperative Reimbursement Contract for State Agencies and Local Governments 1. CONTRACT PERIOD 1.1. Contract Period. The Contract begins on the Effective Date and ends on the Expiration Date as provided on the Contract Signature Page.If no Effective Date is provided,the Effective Date of the Contract is the date of last signature, If no Expiration Date is provided,the Expiration Date is August 31 of the same Fiscal Year in which the Contract is signed. 1.2. Amendments.This Contract is not subject to competitive selection requirements and maybe amended by mutual agreement. Except as specifically allowed by the Contract, all changes to the Contract require a written amendment and agreed to by bath parties. 1.3, Extensions. TCEQ may by unilateral written amendment extend the Expiration Date for a period of up to go days. Unless otherwise indicated in the applicable contract amendment, an extension does not extend any other deadlines or due dates other than the expiration of the Contract Period, 2. FUNDS 2A Availability of Funds. This Contract and all claims,suits or obligations arising under or related to this Contract are subject to the receipt and availability of funds appropriated by the Texas Legislature for the purposes of this Contract or the respective claim,suit or obligation,as applicable. Performing Party will ensure that this article is included in any subcontract it awards. 212 Maximum Authorized Reimbursement. The total amount of funds provided by TCEQ for the Contract will not exceed the amount of the Maximum.Authorized Reimbursement as shown on the Contract Signature Page. 2.3 Fiscal Year Restrictions.. in order to be reiinbursed under this Contract,costs must be incurred during the Contract Period and within the time limits applicable to the funds from which the Contract is being paid. TCEQ is under no obligation to offer deadline extensions which-extend to the maximum availability of the contract funding source. 2.q. Grants.If this Contract was entered under the TCEQ's authority to award grants, TCEQ is providing financial assistance to the recipient to undertake its own project. 2.5 No Debt against the State. This Contract is contingent on the continuing appropriation of funds. This Contract shall not be construed to create debt against the State of Texas. 3. ALLOWABLE COSTS 3.1 Conforming Activities. TCEQ will reimburse the Performing Party far necessary and reasonable Allowable Costs that are incurred and paid by the Performing Party in performance of the Scope of Work as authorized by this Contract in the Cost Budget or Fixed Payment Amounts. 14 of 23 CYTY OF FOR'r WORTH—CAMS TCEQ coNTRAcT NUMBBR:582-x6-60238 3.2 UGMS. Allowable Costs are restricted to h amble state and federal rles and law.The Management Standards(UGMS)and app text of UGMS is available online at the Governor's website. The parties agree that all the requirements of the UGMS apply to this Contract,including-the criteria for Allowable Costs. Additional funds, requirements apply if this Contract is funded,in whole or in part,with federal q„ "IMBURS"ENT 4„1, Reimbursement Requests. Perfoxznixxg Party shall invoice TCEQ to request reimbursement for its Allowable Costs for performing the Scope of Work. Performing all reimbursement requirements specified by TCE pal ty's invoice shall confirm to Q .�• Conditional Payments. Reimbursements are conditioned on the Scope of Work being performed in compliance with the Contract. Performing Party shall return payment to TCEQ for either overpayment or activities undertaken that are not compliant with the Scope of Work. This does not limit or waive any other TCEQ remedy. 4.3• No Interest for Delayed Payment. Because the Performing Party is not a vendor of goods and services within the meaning of Texas Government Code Chapter 2251,no interest is applicable in the case of late payments. 4,4, Release of Claims. As a condition.to final payment or settlement, or both,the Performing Party shall.execute and deliver to the TCEQ a release of all claims against the TCEQ for payment under this Contract. r. FINANCIAL RECORDS,ACCESS AND AUDITS �.� Audit of Funds.as acceptance tan e the authority of the State Auditor's eOffice,or anger this Contract acts a p 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 ri��ct zS included in any subcontract it a�vards.�e audit of.funds accepted under this Financial cords Records.o s performing he Scopeto shall `Work in accordance with generally accepted including records of accounting practices. Upon request Performing Party shall submit records in support Of sreimegnest Performing fia.0 bursement x business hours to its financial records by TCEQ and the state for the Purpose of inspection and this contract shall be retained for a period of three audit. Financial records regar ding (g)years after date of submission of the final reimbursement request. 6, PERFORMING PARTY'S RESPONSIBILITIES 6. Performing Party's R.esponsibilit f for Scope of fro Project and does no ac in any undertakes performance of the Scope i agent or employee. Performing Party capacity on behalf of the TCEQ nor as a TCEQ agrees that the Scope of Work is furnished and performed at Performing Party's sole risk as-to the means,methods,design,processes,procedures and performance. 15 of 23 CrM or Fo=Woxm—CAMS TCEQ CONTRACT Nrriv BR.-582-16-60--38 6.2 independent Contractor. The parties agree that the Performing Party is an independent contractor.Nothing in this Contract shall create an employee-employer relationship between Performing Party and Nothing inthis Contract shall create a joint venture between TCEQ and the Performing Party, 6.8 Performing Party's Responsibilities for Subcontractors. All acts and oinissioris of subcontractors,suppliers and other persons and organizations performing or furnishing any of the Scope of Work under a direct or indirect contract with Performing Party shall be considered to be the acts and omissions of Performing Party, 6.4 No Third Party Beneficiary. TCEQ does not assume any duty to exercise any of its rights and powers under the Contract for the benefit of third parties. Nothing in this Contract shall creme a contractual relationship between TCEQ and any of the Performing subcontractors,suppliers or other persons or organizations with a Parity's contractual relationship with the Performing Party, 7, TIME 7.1 Time is of the Essence. performing Party's.timely performance is a-material term of this Contract. 7.2 Delays. Where Performing Party's performance is delayed,except by Force Majeure or act of the TCEQ,TCEQ may withhold or suspend reimbursement,terminate the Contract for cause,or enforce any of its other rights(termination for convenience may be_effected even in case.of Force Majeure or act of TCEQ). 8. CONFLICT OF INTEREST The performing Party shall timely notify TCEQ in writing 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 Scope of Work,nor have access to.information regarding any portion of the Scope of Work,without TCEQ's written consent in the form of a unilateral amendment. performing Party agrees that TCEQ has sole discretion to determine whether a conflict exists,and that a conflict of interest is grounds for termination for cause. g. DATA AND QUAUTX 9,:1 Quality and Acceptance. All woriz performed under this Contract must be complete and satisfactory in the reasonable judgment of the TCEQ. All materials and equipment shall be handled in accordance with instructions of the applicable supplier,except as otherwise provided in the Contract. 9.2 Quality Assurance. All work performed under this Contract that involves the acquisition of environmental data will be performed in accordance with a TCEQ- approved Quality Assurance Project Plan(QAPP)meeting all applicable TCEQ and EPA requirements. Environmental data includes any measurements or information that describe environmental processes,location,conditions,ecological or health effects and consequences. Environmental data includes information collected directly from measurements,produced from models,and compiled from other sources such as databases or literature. No data collection or other work covered by this requirement will be implemented prior to Performing Party s receipt of the QAPP signed by TCEQ and,if necessary,the EPA. Without prejudice to any other remedies available to TCEQ, 16 of 23 CrEY of FORT WORTH--CAMS TCEQ CONTRACT Nt AMB1ts.582-•i6.6o?-38 dala acquisition TCEQ may refuse reimbursement for any environments he EPA Also,withoutrmed Prior to approval of a QAPP by TCEQ and,if necessary, prejudice to any other remedies available to TCEQ,Performing Party's failure to:meet the terms of the QAPP may result in TCEQ's suspension of associated activities and non- reimbursement of expenses related to the associated activities. Laboratox Accreditation. Any laboratory data or analyses provided under this 9.g '�' TCEQ according to 30 Contract must be prepared by a laboratory that is accredited by Texas Administrative Code Chapter 25,subchapters A and P,unless TCEQ agrees in writing to allow one of the regulatory exceptions specified in 3o Texas Administrative Code Section 25.6. gyp, INTELLECTUAL PROPERTY 10.1 Third Party Intellectual Property. Unless specifically modified in an amendment or waived in a unilateral amendment,Performing Party must obtain all intellectual property licenses expressly required in the Scope of Work,or incident to the use or possession of any deliverable under the Contract. Performing Party shall obtain and furnish to TCEQ.: documentation on the use of such intellectual property,and a perpetual,irrevocable,enterprise wise 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 11013-commereial purposes,and other purposes of the State of Texas. X0.2 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 incorporated created the Performing into any new works created as part of the under this Contract,and associated user Scope of W ,intellectual property documentation. x1, INSURANCE AND INDEMNIFICATION insurance. Unless prohibited by law,the Performing Party shall require its contractors to obtain and maintain during the Contract Period adequate insurance coverage sufficient to protect the Performing Party and the TCEQ from all claims and liability for injury to persons and for damage to property arising from the Contract, Unless specifically waived by the TCEQ,sufficient coverage shall include Workers Compensation and Employer's Liability insurance,Commercial Automobile Liability Insurance,and Commercial General Liability Insurance. THE pF Iudexxwi ratio . TO THE ECONTRACTORS ERrORMING� CONTRACT - PARTY SHALL REQUIRE ALL ACTIVITIES ON BEHALF OF PERFORMING PARTY TO INDEMNIFY,DEFEND,AND HOLD HARMLESS THE TCEQ AND I'ERPORMINCr PARTY AND TTIIpAGES OFFICERS, AND EMPLOYEES,FROM!AND AGAINST ALT.LOSSES,LIABILITIF ' AND OTHER CLAIMS ANY TYPE ARISING FROM THE PERFORMANCE OF CONTRACT ACTIVITIES BY THE CONTRACTOR OR ITS SUBCONTRACTORS, SUPPLIERS AND AGENTS,INCLUDING THOSE ARISING FROM DEFECT IN DESIGN,WORKMANSHIP,MATERIALS,OR FROM INFRINGE OF ANY PATENT,TRADEMARK OR COPYRIGHT;OR FROM A BREACH OF APPLICABLE 17 Of 23 CrrY OF FORT Wop-TH-�CAMS TCJ'Q CoNT.UACT NLwB—582-16-60238 LAWS,REGULATIONS,SAFETY STANDARDS OR DIRECTIVES, THE DEFENSE OF TCEQ SHALL BE SUBJECT TO THE AUTHORITY OF THE OFFICE OF THE ATTORNEY GENERAL OF TEXAS TO REPRESENT TCEQ. THIS CONVENANT SURVIVES TIDE TERMINATION OF THE CONTRACT. x2. TERMINAFION 12.1 Terminatlonfor Cause. TCEQ may,upon providing o days'written notice and the opportunity to cure to the performing Party,terminate this Contract for cause if Performing Party materially fails to comply with the Contract including any one or more of the following acts or omissions: nonconforming work,or existence of a conflict of interest, Termination for cause does not prejudice TCFQ's other remedies authorized by this Contract or by law. 12,2 Terminatioir for Convenience. TCEQ may,upon providing�o days'written notice to the Performing Panty,term ntract for convenience. Termination, this Co shall not prejudice any other right or remedy of TCEQ or the Performing Party. performing Party xnay request reimbursement for: conforming work and timely,reasonable costs directly attributable to termination. Performing Party shall not be paid for: work not performed,loss of anticipated profits or revenue,consequential damages or other economic loss arising out of or resulting from the termination. 12.3 If,after termination for cause by TCEQ,it is determined that the Performing Party had not materially failed to comply with the Contract,the termination shall be deemed to have been for the convenience of TCEQ, 13. DI PUTE ,CLAIMS.ANN)REMEDIES Payment of a Release. Neither payment by TCEQ nor any other act or omission 13,1 other than an explicit written form release,in the for of a unilateral amendment,constitutes a release of Performing Party from liability under this Contract. 13.2 Schedule of Remedies awailahle to the TCEQ. In accordance with Texas Government Code Chapter 226 .the following Schedule of Remedies applies to this Contract. In the event of Performing Party's nonconformance,TCEQ may do one or more of the following: 13.2.1 Issue notice of nonconforming performance; 13,22 Reject nonconforming perfox nance and request corrections without charge to the TCEQ; x3,2.3 Reject a reimbursement request or suspend further payments,or both,pending accepted revision of the nonconf'orn-ity; 13,2.4 Suspend all or part of the Contract Activities or payments,or both,pending accepted revision of the nonconformity, 13.2.5 Demand rokitution and recover previous payments where performance is subsequently determined nonconforming; 13.2.6 Terminate the contract without further obligation for pending or further payment by the TCEQ and receive restitution of previous payments. x8 of 23 WEE CON IZA.CTNi7NAi19R:582-16,60238 Crrx ox FORT WoRj%—CAMS 13.3 Opportunity to Cure. performing �will h circumstances opportunity to cure its nonconforming performance,if the . 13,4 Cumulative Remedies.lauv does not preclude or limit the exercise of any other remedyis Contract or applicable available under this Contract or applicable law. 14. SOVEREIGN IMMUNITY The parties agree that this Contract does not waive any sovereign immunity to which either party is entitled by law. 14,1 Survival of obligations- Except Mere a diff specified anties madejin,on act or applicable law, required by or given in accordance with the Contract,as well asba�l continuing e termination obligations indicated in the Contract, survive for ao s aftez.the end on related or completion of the Contract,or until four(4.)y permit proceeding.A related proceeding includes any litigation,legal proceeding,p application,or State Office of Administrative Hearings proceeding, subj ctmattehafn is relation to,the Contract or which in TCEQ Opinion the Contract. Either party shall notify the other of any related proceeding if notice of the proceeding has not been provided directly to that other party. 15• CONTRACT INTERPRETATION an"including but 15.1 Definitioxls.The word"include"and all forms such as"including"sued in acco dance with the Contract, not limited&I in the Contract and in documents such as Work Orders or Proposals for Grant Activities(PGAs). 15.2 Headings. The headings of the sections contained in this Contract are for convenience only and do not control or affect the meaning or construction of any provision of this Contract. 15,3 Delivery of Noti�cbe.U Notices S iPostal Servicecertif certified or registered rasa Wreturn days eceipt after postmarked if sea y requested.Notices delivered by other means are deemed delivered upon receipt by the addressee. Routine communications maybe made by first class mail,-facsimile transmission,email,or other commercially accepted means. 15.4 interpretation of Time. All days are calendar days unless stated otherwise.Days are counted to exclude the first and include the last day of a period, if the last day of the period is a Saturday or Sunday or a state or federal holiday,it is omitted from the computation. 15,.5 State,Federal Law. This s Contract is go der al law by,and interpreted under the laws o£ the State of Texas,as well 15,6 Sever ability'. If any provision of this Cox ion to be wholly o pa tly illegal,invalid;void administrative body of competent luxzsdict or unenforceable,it shall be deemed severable of the provision and the rest of the or unenforceability)and the remaining p E provisions of this Contract shall continue in full force and effect. If possible,the severed 19 of 23 Crry OF FORT WORM-CAMS 'TCEQ CoNTRACr NumBLli:582-x6-60238 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. 15,E .A,ssignment. 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. 15.8 Ventre. Performing Party agrees that the Contract-is being performed in Travis County, Texas,because this Contract has been performed or administered,or both,in,Travis County,Texas. The Performing Party agrees that any cause of action involving this Contract arises solely in Travis County,Texas. 15.9 Publication. Performing Party agrees to notify TCEQ five(5)days prior to the publication.or advertisement of information related to this Contract. Performing Party agrees not to use the TCEQ logo or the TCEQ graphic as an advertisement or endorsement without written permission signed by the appropriate TCEQ authority. 15.10 Waiver. With the exception of an express,written waiver in the form of a unilateral amendment signed by TCEQ,no act or omission will constitute a waiver or release of Performing Party's obligation to perform conforming Contract Activities. No waiver oil one occasion,whether expressed or implied,shall be construed as a waiver on any other occasion. 15.11 Compliance with Laws. TCEQ relies On Performing Party to perform all Contract Activities in conformity with all applicable laws,regulations,and rules and obtain all necessary permits and licenses. :.5.12 Counterparts. This Contract may be signed in any number of copies. Each copy when signed is deemed an original and each copy constitutes one and the same Contract. 15.13 Accessibility. All electronic content and documents created as deliverables under-this Contract must meet the accessibility standards prescribed in 1 Texas Administrative Code sections 2W6.5o and 213 for state agency web pages,web content,software,and hardware,unless TCEQ agrees that exceptions or exemptions apply. 20 Of 23 • t Crry OV FORT WoR-al--CAMS TCEQ CONTRA.crNtr"Ln:582-16-6o238 NOTICES,PROJECT REPRESENTATIVES AND RECORDS LOCA'T'ION i r CONTRACT NO,58?.-:t6-6o238 PROJECT TITLE: CITY OF FORT WORTH-CAMS i. Representatives.The individuals)named below are the representatives of TCEQ and Performing Party. They are authorized to give and receive communications and directions on behalf of the TCEQ and the Performing Party as indicated below. All communications including official contract notices must be addressed to the appropriate representative or his or her designee. 2. Changes in Representatives, Either p,arty may change its representative by unilateral amendment. 3. TCEQ Representatives TCEQ CONTRACT MANAGER TCEQ PROJECT MANAGER (for Contractual Matters) (far Techxlical Matters) Max Hern�. an&z Abhishek i Nalrarm Contract Manager Contract Administrato r Title Isle Texas Commission on Texas Commission on Environmental Quality Environmental Quality p,0,Box 13087 P.O.Box 1-3087 MC-x65 MC-165 Austin,Texas 7871-1-3087 Austin,Texas 78711--3087 Telephone No.(51.2)239-x766 Telephone No. (5x2)239•-0461 Facsimile No.(512)239-16 o5 Facsimile No. (512)239-1605 4, YerforIning Party Representatives, For Contractual Matters For Technical Matters tike�6��Rvc rN1��(lOn`irNF.N - PVV-iZ A KA f�++�JIkCf �.eJ15�i�U�JTYI6N — Title Title Telephone No. �C7. � -' Telephone No. 1-o S Facsimile No, Facsimile No. tZ, ,012- `l invoices must be submitted to the TCEQ Contract Manager,unless 5. Invoice Submittal. I another recipient is identified below: []TCEQ Project Manager/❑TCEQ Disbursements,gection/❑Other: 21.of 23 Y CxTy oa yoRT''WoRTR-CAMS TCEQ CONTIt CrNUWBRR'-58z-A-60238 6. Designated Location for Records Access and Review. The Performing Party designates the physical location indicated below for record access and review pursuant to any applicable provision of this Contract: CU$ YGft r" 54a--r a WdoqA,T7- (City J State ZIP) 22 of 23 i CITyoT FORT WORTH CAMS TCEQ CONi•Itn,CTNUWBRR;582-x6-60238 APPENDIX A: Required Forms Form is IDC Form T E TCEQ IDC Documentation Form 1,SOP Naine; Ceu eut D;tte aF S0p; �1ate Rena; IZ,An�+lrsis/proce;lure Pleynonstrateti brt Iuxperjeneed Analyst and DON' ZII.An;;TysislP ocedure performed by Trainee An*st and Date, I'V.Results of Ana7ysisffhloe0dure: 4cenr L' on acti reelsxRegnhe4d b,*S0P- el 7 — v. Trainee Analyst; Si afore o£paperlencetl Au ulvst: T'rint Narne: Print Name: Signature; Signature; lxnployeeTA; - i V[. Sulrervlsor Names - 8uu etiisor's Si at►ure; Dnte: If more than one IDC was pezformed,attach all IDCs attempted inoluding separate"'PCr-Q IDC Documentation I?oKmS"for each IDC. 23 Of 23