2012-239ORDINANCE NO. 20 � 2-239
AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AN INTERAGENCY
COOPERATION CONTRACT BY AND BETWEEN THE UNIVERSITY OF TEXAS AT
ARLINGTON AND THE CITY OF DENTON, TEXAS FOR A TERM OF THREE YEARS TO
PROVIDE LANDFILL FIELD TESTING AND MONITORING SERVICES, ENHANCED
LEACHATE RECIRCULATION MODELING, EFFICIENCY ANALYSES, RESEARCH,
DEVELOPMENT OF A MINING METHODOLOGY AND MATERIALS
CHARACTERIZATION IN ORDER TO SUPPORT ONGOING STUDIES OF SEVERAL
LANDFILL PARAMETERS FOR THE CITY OF DENTON LANDFILL IN AN AMOUNT
NOT-TO-EXCEED $344,414; PROVIDING FOR RETROACTIVE APPROVAL,
CONFIRMATION AND RATIFICATION THEREOF; AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO EXECUTE SAID CONTR.ACT ON BEHALF OF THE
CITY OF DENTON; PROVIDING FOR THE EXPENDITURE OF FUNDS; AND
PROVIDING AN EFFECTIVE DATE (FILE 4816).
WHEREAS, the Interagency Cooperation Contract (the "Contract") by and between the
City of Denton, Texas and The University of Texas at Arlington ("UTA") referenced herein, was
presented to, reviewed by and considered by the Public Utilities Board (the "PUB") at its
regularly called meeting of September 10, 2012; and the PUB recommended approval of the
Contract by a vote of 5 to 0; and
WHEREAS, the City Council finds that the Contract will benefit the City of Denton,
Texas and is in the public interest. WHEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION l. The City Council hereby approves the Interagency Cooperation Contract
by and between the City of Denton, Texas and The University of Texas at Arlington ("UTA")
providing for a three-year engagement to provide for services pertaining to the City of Denton
landfill, substantially in accordance with the Interagency Cooperation Contract which is attached
hereto and incorporated herein by reference (the "Contract").
SECTION 2. The City Manager, or his designee, is authorized to execute the Contract
on behalf of the City. The City Manager, or his designee,.. is, autho�ized to.:carry,. out the Gity's
rights and duties under the Contract.
SECTION 3. This Contract is hereby approved, confirmed and ratified retroactively,
SECTION 4. The City Manager is hereby authorized io expend funds as required by the
Contract.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approvaL
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PASSED AND APPROVED this the � day of , 2012.
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MAR� A. BU Q GHS, AYOR
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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By:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
By:
THE STATE OF TEXAS
THE COUNTY OF TRAVIS
INTERAGENCY COOPERATION CONTRACT
Contract No
THIS CONTRACT is entered into by and between the State agencies shown below as Contracting Parties under
the authority granted and in compliance with the provisions of Chapter 771 of the Government Code.
I. CONTRACTING PARTIES:
The Receiving Agency
The Performing Agency
The City of Denton
The University of Texas at Arlington
II. STATEMENT OF SERVICES TO BE PERFORMED: The Performing Agency wiil undertake and carry out
services described in Attachment A, Scope of Services.
III. CONTRACT PAYMENT: The total amount of this contract shall not exceed 344 414/= and shall conform to
the provisions of Attachment B, Budget. Payments shall be billed quarterly.
IV. TERM OF CONTRACT: Payment under this contract beyond the end of the current fiscal year is subject to
availability of appropriated funds. If funds are not appropriated, this contract shall be terminated
immediately with no liability to either party. This contract begins (May 01, 2012) when fully executed by both
parties and terminates April 30, 2015.
V. THE AGREEING PARTIES certify that:
1. The services specified above are necessary and essential for activities that are properly within the
statutory functions and programs of the affected agencies of State Government.
2. The proposed arrangements serve the interest of efficient and economical administration of the
State Government.
3. The services or resources agreed upon are not required by Article XVI, Section 21 of the
Constitution of Texas to be supplied under contract given to the lowest responsible bidder.
VI. LEGAL AUTHORITY:
The Receiving Agency further certifies that it has the authority to request the above services by authority
granted in Government Code, Section 771.003
The PerForming Agency further certifies that it has the authority to perform the services by authority granted
in Texas Education Code, Sections 65 and 68 and Government Code Chapter 771
This contract incorporates the provisions of Attachment A, Scope of Services, Attachment B, Budget, and
Attachment C, General Terms and Conditions.
THE UNDERSIGNED PARTIES bind themselves to the faithful performance of this contract.
THE RECEIVING AGENCY
of D
c� —
AUTHO IZED SIGNATURE
C7�D2 C�E �. L f�rYl P,G EL L
L' /T'`/ /y1A�/<l GE/�
TYPE .�OR PRINTED NAME AND TITLE
THE PERFORMING AGENCY
The Universit of Texas at Arlin to
_ NAf�1.C�OF AG Y
AUTHOf,�IZ�D SIGNATURE
Jeremy Forsberg, '
Assistant Vice President for Research
TYPED�OR PRIf�TED NAME AND TITLE
��� � �201 � � �� �
DA E: DATE'
1 � �, ��` APPROVED AS TO LEGAL FORM: ;
_ _ _ _ ANITA BURGESS, CITY ATTORNEY- -_By:_ _ _
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Interagency Cooperation Contract
Scope of Services
The scope of services outlines specific and general taslcs in which the University of Texas at
Arlington (UTA) may perform for the City of Denton (COD). The technical tasks under the contract
are outlined here:
Task 1 a Moisture content monitoring within the landfill solid waste using RI
Task 1b Water Balance Modeling for ELR landfill
Task 1 c Subsoil profile development using RI for future landfill extension area
Task 2a Fugitive Emission Monitoring using Flux Chamber Method
Task 2b Efficiency of gas collection system for both Phase 2 and Phase 3
Task 3 Monitoring temperature sensors and settlement plates for Efficiency of Permeable Beds as
Leachate Recirculation System
Task 4a Review of existing landiill mining methodology and material utilization
Task 4b Development of landfill mining methodology and material characterization of the mined
landfill waste
Task la Monitoring Moisture Content within the Landfll Solid Waste
Specific tasks associated within this task are provided here:
The UTA Team will:
1. Conduct extensive site investigations, including, the geophysical study of existing
subsurface conditions using Resistivity Imaging (RI). These investigations will be conducted
to characterize the subsurface moisture profile within and immediately surrounding the
leachate recirculation pipe line or areas of interests.
2. Conduct 2D and 3D resistivity imaging for the assessment of leachate recirculation system
performance. The number of 2-D lines and 3-D profile will be determined during the
investigation. The study will be conducted on monthly basis or as needed during the
beginning of a new recirculation system. UTA will co-ordinate with the COD staff inembers
during the investigation so that there will be no interruption of the ongoing landfill
operations. Geophysical methods that the UTA shall use have the potential to provide an
"image" of the subsurface. The UTA will use a multi-channel, multi- electrode automatic
sequencing data acquisition system.
3. Process resistivity data using 2D Earth Imager and 3D Earth Imager computer software.
The data will produce a 2D and 3D resistivity model of the subsurface moisture profile
within the solid waste areas. The models will be displayed as color-coded profiles. The
color-coded profiles will be processed and interpreted, with a final report.
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4. Develop interpretations of the geophysical data collected to identify the subsurface and the
following areas of need:
O Moisture profile within the leachate recirculation areas or within areas of
concern.
O Time lapse monitoring of moisture variation within the landfill cell areas and the
_— -- -- - - -- — - ----- -. . .. -- - �— --- - ----- -- -- -
effect of leachate recirculation on the solid waste.
O Relationship between moisture content and resistivity imaging results
O Efficiency of the leachate recirculation systems.
5. Provide final report on the geophysical investigations conducted and interpretation results.
6. Attend technical meetings with consultants, or any other parties, as required or requested by
the COD personnel.
Task lb Water Balance Modeling for ELR landfill
Specific tasks associated within this task are provided here:
The UTA Team will:
1. Conduct water balance modeling for the ELR landfill using:
a. Actual permeability of MSW based on the decomposition and compaction level
b. Actual wetted area due to the leachate recirculation andlor water addition into the
waste mass based on the RI results
c. HELP and HYDRUS 2D/3D modeling
2. Provide possible leachate production volume and rate
3. Attend technical meetings with consultants, or any other parties, as required or requested by
the COD personnel.
Task lc Subsoil pro�le development usin� RI for future landfill extension area
The UTA Team will:
1. Study the soil investigation (soil test boring) results conducted by other consultants.
2. Conduct extensive site investigations, including, the geophysical study of existing
subsurface conditions using Resistivity Imaging. These investigations will be conducted to
characterize the subsurface within and immediately surrounding the future landfill area.
3. UTA will co-ordinate with the COD staff inembers during the investigation so that there will
be no interruption of the ongoing landfill operations. Geophysical methods that the UTA
shall use have the potential to provide an "image" of the subsurface. The UTA will use a
multi-channel, multi- electrode automatic sequencing data acquisition system.
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4. Process resistivity data using 2D Earth Imager and 3D Earth Imager computer software.
The data will produce a 2D and 3D resistivity model of the subsurface moisture profile
within the solid waste areas. The models will be displayed as color-coded profiles. The
color-coded profiles will be processed and interpreted, with a final report.
5. Develop interpretations of the geophysical data collected to identify the subsurface and the
- - - - - --- --...-- - -
following areas of need:
O Soil profile within the future landfill areas
O Identify the possible water bearing layer with the future landfill extension area
and its implication on the construction of new landfill cells.
Task 2a Fugitive Emission Monitorin� using Flux Chamber Method
Specific tasks associated within this task are provided here:
The UTA Team will:
1. Review the existing fugitive landfill gas emission technology and determine the advantage
and disadvantages of different methods.
2. Identify and recommend most suitable emission monitoring methods for the City of Denton
landfill.
3. Visit the landfill site and identify possible locations of fugitive landfill gas emission study in
Phase 0, Phase II and Phase III. The locations will be identified based on the discussions
with the City of Denton personnel.
4. Once the locations are identified, use flux chamber methods or other methods to determine
the landfill gas emissions through the intermediate and temporary cover system. The data
will be collected on monthly basis.
5. Analyze the collected data and present them to the City of Denton's personnel on a regular
basis.
6. Investigate the effects of different cover system on the reduction of fugitive landfill gas
emissions, if needed. The UTA Team may identify and implement few different cover
systems to check the methane oxidation and reduction in possible fugitive emissions.
7. Submit final report summarizing the findings. The report will compile all the information
disseminating from each task of the proposed work.
8. Attend technical meetings with consultants, or any other parties, as required or requested by
the City personnel.
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Task 2b Efficiencv of �as collection system for both Phase 2 and Phase 3
Specific tasks associated within this task are provided here:
The UTA Team will:
1. _ Predict tl�e .possible landf 11 gas prod�ction using the EPA LANGEM model. The resistivity
imaging results from Task la will be utilized to determine the actual wet and dry area. Based
on the RI results and moisture content information, the decay rate k will be determined.
2. Collect the actual landfill gas production rate from DTE and/or if needed will collect the
landfill gas data for Phase II and Phase III landfill sections. The landfill gas data will be
collected on monthly basis.
3. Determine the efiiciency of landfill gas collection system based on the results from Task 2a
and Task 2b. The following relations will be utilized for the collection efficiency:
Collection Efficiency = methane collected /(methane collected + emissions)
4. Submit final report summarizing the findings. The report will compile all the information
disseminating from each task of the proposed work.
5. Attend technical meetings with consultants, or any other parties, as required or requested by
the City personnel.
Task 3 Monitorin� temperature sensors and settlement plates for Effciencv of Permeable
Seds as Leachate Recirculation System
Specific tasks associated within this task are provided here:
The UTA Team will:
l. Monitor the installed temperature sensors at Phase 3B on a bi-weekly basis. The effect of
leachate recirculation on the temperature and waste decomposition will be determined.
2. Monitor the installed settlement plates at Phase 3B on a bi-weekly basis. The effect of
leachate recirculation on the settlement and waste decomposition will be determined.
3. Develop an experimental program and conduct labaratory test to determine the
compressibility characteristics of solid waste. The experimental results will be utilized to
predict the effects of leachate recirculation on the compressibility and possible firture space
gain due the ELR operation.
4. Submit final report summarizing the findings. The report will compile all the information
disseminating from each task of the proposed work.
5. Attend technical meetings with consultants, or any other parties, as required or requested by
tbe City personnel.
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Task 4(a) Review of existin� landfill mining methodology and material utilization
Specific tasks associated within this task are provided here:
The UTA Team will:
1. Review the existing landfill rnining technology, methodology and document advantage and
disadvantages of different methods.
2. Visit different landfill mining operation in other states to see their operation and future plan
on the landfill mining. Also, possibly conduct a national survey to identify possible landfill
mining locations and to get feedback from them on their operation.
3. Review the existing utilization of mined landfill materials. Identify possible vendors or end
user of the processed landfill materials.
4. Conduct extensive economic analyses of landfill mining: considering the cost benefit ratio,
environmental benefits and possibility of having a sustainable landfill operation without
adding any additional space for future landfill operation.
5. Submit final report summarizing the findings. The report will compile all the information
disseminating from each task of the proposed work.
6. UTA will attend technical meetings with consultants, or any other parties, as required or
requested by the City personnel.
�b) Development of landfill minin� methodolo�y and material characterization of the mined
landfill waste (Optional)
Based on the outcome of Task 4a, the 4b will be decided and conducted if needed.
Summarv of Renorts and Presentation of Results
During the project period, UTA will provide the following reports:
1. Six monthly reports will be provided for all the tasks.
2. Final report summarizing the major findings will be provided end of the project period. The
final report will compile all the information disseminating from each task of the proposed
work.
3. Work manual will be developed and standardized for each tasks.
Summarv of Technical Meetings
UTA will attend technical meetings with consultants, or any other parties, as required or requested
by the City personnel.
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/a�i�a�y:l��i1�►�r�
Interagency Cooperation Contract
Estimated Budget
Proposed Budget
This is a fxed price project with a total requested budget per year is presented here:
Year 1: $ 126,251/=
Year 2: $ 109,150/=
Year 3: $ 109,014/=
The requested budget will cover salary costs of project personnel (faculty members and 3 graduate
students), material costs, and travel costs (trips to landfill sites for resistivity imaging and sample
collections, and presentation of findings). Table 1 shows all budget items (as per UTA guidelines)
and the corresponding allocations.
Table la - Bud�et: Year 1
Task 1 Task 2 Task 3 Task 4 Total
Salary (PI + Graduate Students 25875 25875 7200 7200 66,150
Fringe Benefits 4163 4163 720 720 9,765
M&O -- Materials 500 0 0 0 500
Sub-Contracts 0 0
Scholarshi s/Stipends 0
Tuition 9094 9094 0 0 18,188
Partici ant Support 0
Travel Domestic 3000 0 0 0 3,000
Travel Foreign �
Participant Travel 0
Equipment 8000 8,000
TDC 42632 47132 7920 7920 105,603
MTDC 33538 30038 7920 7920 79,415
TFAC 8720 7810 2059 2059 20648
TC 51351 54941 9979 9979 126,251
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Table 1b - Budget: Year 2
Task 1 Task 2 Task 3 Task 4 Total
Salary (PI + Graduate Students) 26250 26250 7200 0 59,700
Fringe Benefits 4275 4275 720 0 9,270
M&O -- Materials 500 0 0 0 500
Sub-Contracts 0 0
Scholarships/Stipends - - 0 -
Tuition 9549 9549 0 0 19,098
Participant Support 0
Travel Domestic 2000 0 0 0 2,000
Travel Foreign 0
Partici ant Travel 0
E ui ment 0 0
TDC 42574 40074 7920 0 90,568
MTDC 33025 30525 7920 0 71,470
TFAC 8587 7937 2059 0 18582
TC 51161 48010 9979 0 109,150
Table lc - Budget: Year 3
Task 1 Task 2 Task 3 Task 4 Total
Salary (PI + Graduate Students) 25931 25931 7200 0 59,062
Fringe Benefits 4179 4179 720 0 9,079
M&O -- Materials 500 0 0 0 500
Sub-Contracts 0 0
Scholarships/Stipends 0
Tuition 10003 10003 0 0 20,006
Partici ant Su port 0
Travel Domestic 2000 0 0 0 2,000
Travel Foreign 0
Participant Travel 0
Equipment 0 0
TDC 42613 40114 7920 0 90,647
MTDC 32610 30110 7920 0 70,641
TFAC 8479 7829 2059 0 18367
TC 51092 47942 9979 0 109,014
Proiect Duration
The expected time to complete all tasks of the projects is 3 years.
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ATTACHMENT C
Interagency Cooperation Contract
General Terms and Conditions
Article 1. Amendments
Contract No
�-"� -- Tl�is contract may only be amended by written agreement executed byboth parties prior to
the expiration of the contract.
Article 2. Disputes
To the extent authorized under the Constitution and laws of the State of Texas, the
Performing Agency shall be responsible for the settlement of all contractual and
administrative issues arising out of procurements entered in support of contract services.
The Receiving Agency shall be responsible for the settlement of any dispute concerning
this contract unless the dispute involves a subcontract.
Article 3. Records and Ownership
A. The Performing Agency agrees to maintain all books, documents, papers, accounting
records, and other evidence pertaining to costs at its office during the contract period
and for four years from the date of final payment under the contract. These materials
shall be made available for inspection and copying by the Receiving Agency, by the
State Auditor's Office, and by their authorized representatives. If the contract is
federally funded, these materials shall also be made available for inspection and
copying by the U.S. Department of Transportation and by the Office of the Inspector
General.
B. After completion or termination of this contract, all documents prepared by the
Performing Agency or furnished to the PerForming Agency by the Receiving Agency
shall be delivered to and become the property of the Receiving Agency. All sketches,
photographs, calculations, and other data prepared under this contract shall be made
available, on request, to the Receiving Agency without restriction or limitation of further
use.
C. Subject to the Receiving Agency's license below, the PerForming Agency retains all its
intellectual property rights, including its copyright rights, in works, and shall own all title
to, all interests in, all rights to, and all intellectual property (including copyrights, trade
and service marks, trade secrets, and patentable devices or methods) developed as
work product under this contract. Any intellectual property already owned by a party
prior to any work associated with this contract, or developed independently of this
contract or services perFormed under this contract, as modified, shall remain the
respective property of the party from which it originates. Notwithstanding the foregoing,
Receiving Agency shall have a right and non-exclusive license to use PerForming
Agency's work product pursuant to this contract under which services are performed for
all purposes listed in this contract and for Receiving Agency, public health, and state
governmental noncommercial purposes, including internal educational purposes.
D. Except to the extent that a specific provision of this contract states to the contrary, all
equipment purchased by the Performing Agency or its subcontractors under this
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contract shall be owned by the Receiving Agency and will be delivered to the Receiving
Agency at the time the contract is completed or terminated.
Article 4. Subcontracts
A subcontract may not be executed by the PerForming Agency without prior written
authorization by the Receiving Agency. Subcontracts in excess of $25,000 shall contain
all applicable terms ancl conditions of this contract. No subcontract will relieve the
Performing Agency of its responsibility under this contract.
Article 5. Termination
This contract may be terminated by satisfactory completion of all services and obligations
contained in this contract, by mutual written agreement, or by either party unilaterally after
30 days' written notice to the other party. The Receiving Agency shall compensate the
Performing Agency only for those eligible expenses that are incurred during this contract
and that are directly attributable to the completed portion of the work covered by this
contract and only if the work has been completed in a manner satisfactory and acceptable
to the Receiving Agency. The Performing Agency shall neither incur nor be reimbursed for
any new obligations after the effective date of termination. Notwithstanding the foregoing,
Receiving Agency shall compensate PerForming Agency for all reasonable expenses
incurred or committed to be expended as of the effective termination date, including
salaries for appointees for the remainder of their appointment.
Article 6. Gratuities
Any person who is doing business with or who reasonably speaking may do business with
the Receiving Agency under this contract may not make any offer of benefits, gifts, or
favors to employees of the Receiving Agency. The only exceptions allowed are ordinary
business lunches and items that have received the advanced written approval of the
Executive Director of the Texas Department of Transportation.
Article 7. No Assignment
Neither party shall assign, sublet, or transfer any interest in this agreement.
Article 8. Reference to Costs Principles and Circulars
Reimbursement with state or federal funds will be limited to costs determined to be
reasonable and allowable under cost principles establish in OMB Circular A-21, "Cost
Principles for Educational Institutions," or OMB Circular A-87, "Cost Principles for State
and Local Governments." The parties shall comply with the requirements of the Single
Audit Act of 1984, P.L. 98-502, ensuring that the single audit report includes the coverage
stipulated in OMB Circular A-133.
Article 9. Performing Agency Resources
All employees of the PerForming Agency shall have adequate knowledge and experience
to enable them to perform the duties assigned to them. The PerForming Agency certifies
that it currently has adequate qualified personnel in its employment to perForm the work
required under this contract or will be able to obtain adequate qualified personnel from
sources other than the Receiving Agency. On receipt of written notice from the Receiving
Agency detailing supporting factors and evidence, the PerForming Agency shall remove
from the project any employee of the Performing Agency who is incompetent or whose
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conduct becomes detrimental to the work. Unless otherwise specified, the PerForming
Agency shall furnish all equipment, materials, supplies, and other resources required to
perform the work.
Article 10. Equal Employment Opportunity
The Performing Agency agrees to comply with Executive Order 11246, entitled "Equal
-- Employmenf Opporfunity;" as amended by Executive Order 11375 and as supplemented
by Department of Labor regulations, 41 CFR Part 60. The Performing Agency agrees to
consider minority universities for subcontracts when the opportunity exists. The
PerForming Agency warrants that it has developed and has on file appropriate affirmative
action programs as required by applicable rules and regulations of the Secretary of Labor.
Article 11. Nondiscrimination
A. The Performing Agency shall comply with the regulations of the U.S. Department of
Transportation relating to nondiscrimination in federally-assisted programs, including 49
CFR, Part 21; 23 CFR, Subchapter C; and 41 CFR, Part 60-74 (the Regulations).
B. The Performing Agency, with regard to the work performed during this agreement, shall
not discriminate on the basis of race, color, sex, national origin, age, religion, or
disability in the selection and retention of subcontractors, including procurements of
materials and leases of equipment.
C. In all solicitations either by competitive bidding or negotiation made by the PerForming
Agency for work to be performed under a subcontract, including procurements of
materials and leases of equipment, but not including routine purchase orders, each
potential subcontractor or supplier shall be notified by the PerForming Agency of the
Performing Agency's obligations under this agreement and the Regulations.
D. The PerForming Agency shall provide all information and reports required by the
Regulations and directives issued under the Regulations and shall permit access to its
books, records, accounts, other sources of information, and facilities as may be
determined by the Texas Department of Transportation or the U.S. Department of
Transportation to be pertinent to ascertain compliance with the Regulations or
directives. If any information required of the Performing Agency is in the exclusive
possession of another who fails or refuses to furnish this information, the PerForming
Agency shall so certify to the Texas Department of Transportation or the U.S.
Department of Transportation, whichever is appropriate, and shall set forth what efforts
the Performing Agency has made to obtain the requested information.
E. In the event of the PerForming Agency's noncompliance with the nondiscrimination
provision of this agreement, the Texas Department of Transportation shall impose such
sanctions as it or the U.S. Department of Transportation may determine to be
appropriate.
F. The Performing Agency shall include the provisions of paragraphs A through E in every
subcontract, including procurements of materials and leases of equipment, except
routine purchase orders, unless exempt by the Regulations or directives. The
PerForming Agency shall take such lawful action with respect to any subcontract or
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procurement as the Texas Department of Transportation may direct as a means of
enforcing these provisions, including sanctions for noncompliance. In the event the
Performing Agency becomes involved in or is threatened with litigation with a
subcontractor or supplier as a result of directions given by the Receiving Agency, the
PerForming Agency may request the Texas Department of Transportation to enter into
the litigation to protect the interests of the State. In addition, the Performing Agency
-- - -- may request the United States to enter into litigation to protect the interests-of the
United States.
Article 12. Basis for Calculating Reimbursement Costs
The Receiving Agency will reimburse the Performing Agency for actual costs incurred in
carrying out the services authorized in Attachment A, Scope of Services, subject to the
cost categories and estimated costs set forth in Attachment B, Budget. The Receiving
Agency shall compensate the PerForming Agency for only those eligible expenses incurred
during this contract that are directly attributable to the completed portion of the work
covered by this contract, provided that the work has been completed in a manner
satisfactory and acceptable to the Receiving Agency. The Performing Agency shall not
incur or be reimbursed for any new obligations after the effective date of termination. The
PerForming Agency shall bill the Receiving Agency for actual travel expenses, not to
exceed the limits reimbursable under state law. Out-of-state or out-of-country travel by the
PerForming Agency requires prior approval by the Receiving Agency.
Article 13. Funding
The Receiving Agency shall pay for services received from appropriation items or accounts
of the Receiving Agency from which like expenditures would normally be paid. Payments
received by the PerForming Agency shall be credited to the current appropriation items or
accounts from which expenditures of that character were originally made. If for any reason
subcontractors and suppliers, if any, are not paid before the Receiving Agency reimburses
the PerForming Agency for their services, the Performing Agency shall pay the
subcontractors and suppliers all undisputed amounts due for work no more than 10 days
after the Performing Agency receives payment for the work unless a different time is
specified by law. This requirement also applies to all lower-tier subcontractors and
suppliers and must be incorporated in all subcontracts. If the Performing Agency fails to
comply with this Article, the Receiving Agency may withhold payments and suspend work
until the subcontractors and suppliers are paid. The PerForming Agency is authorized to
submit requests for reimbursement no more frequently than monthly and no later than
ninety (90) days after costs are incurred.
Article 14. Conflict of Interest
The PerForming Agency shall not assign an employee to a project if the employee:
1. owns an interest in or is an officer or employee of a business entity that has or may
have a contract with the state relating to the project;
2. has a direct or indirect financial interest in the outcome of the project;
3. has performed services regarding the subject matter of the project for an entity that has
a direct or indirect financial interest in the outcome of the project or that has or may
have a contract with the Receiving Agency; or
4. is a current part-time or full-time employee of the Receiving Agency.
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Article 15. Additional Work
A. If the PerForming Agency is of the opinion that any assigned work is beyond the scope
of this contract and constitutes additional work, it shall promptly notify the Receiving
Agency in writing. The written notice shall present the relevant facts and show how the
work constitutes additional work.
B. If the Receiving Agency in its sole discretion finds that the work does constitute
additional work, the Receiving Agency shall so advise the PerForming Agency and a
written amendment will be executed. The Performing Agency shall not perForm any
proposed additional work or incur any additional costs before the execution of an
amendment.
C. The Receiving Agency shall not be responsible for actions by the PerForming Agency or
for any costs incurred by the Performing Agency relating to additional work that is
performed before an amendment is executed or that is outside the scope of the
contract, as amended.
Article 16. Nonconforming Work
If the PerForming Agency submits work that does not comply with the terms of this contract,
the Receiving Agency shall instruct the Performing Agency to make any revisions that are
necessary to bring the work into compliance with the contract. PerForming Agency at its
discretion may agree to any Receiving Agency requested change, and if Performing
Agency agrees to provide changed Services, Receiving Agency agrees to reimburse
Performing Agency for such changed or additional work in such amounts as may be
agreed by Performing Agency, consistent with customary practice and Performing Agency
policy. Notwithstanding this Article or anything else in this contract or in these General
Terms and Conditions, PerForming Agency does not guarantee specific results.
Article 17. Notice to Proceed
If Attachment A requires a notice to proceed, the PerForming Agency shall not proceed with
any work or incur any costs until the Receiving Agency issues a written notice to the
Performing Agency authorizing work to begin. Any costs incurred by the Performing
Agency before receiving the notice are not eligible for reimbursement.
Article 18. Authority of State Auditor
The state auditor may conduct an audit or investigation of any entity receiving funds from
the state directly under the contract or indirectly through a subcontract under the contract.
Acceptance of funds directly under the contract or indirectly through a subcontract under
this contract acts as acceptance of the authority of the state auditor, under the direction of
the legislative audit committee, to conduct an audit or investigation in connection with
those funds.
Article 19. Compliance with Laws
The parties shall comply with all applicable federal, state, and local laws, statutes,
ordinances, rules, and regulations and with the orders and decrees of any courts or
administrative bodies or tribunals in any manner affecting the perFormance of this
agreement. After receiving a written request from the Receiving Agency, the Performing
la�Pa`�e _ _ _ _ _ _ _ _ _ ___ _ __ _ _ _
Contract No
Agency shall furnish the Receiving Agency with satisfactory proof of its compliance with
this Article.
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