2014-0481 9
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A
COOPERATIVE PURCHASING PROGRAM AGREEMENT WITH THE UNIVERSITY OF
TEXAS AT ARLINGTON (UTA) UNDER SECTION 771.003 OF THE STATE OF TEXAS
GOVERNMENT CODE, AND TO AUTHORIZE THE CITY OF DENTON TO
PARTICIPATE IN A UTA INTERAGENCY COOPERATION CONTRACT FOR TESTING,
MONITORING, AND ANALYSIS TO AID IN THE DEVELOPMENT OF SOIL AND
VEGETATIVE COVER AT THE CITY OF DENTON LANDFILL; AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFOR; AND DECLARING AN EFFECTIVE DATE (FILE
5480 - INTERAGENCY COOPERATION CONTRACT WITH THE UNIVERSITY OF TEXAS
AT ARLINGTON IN THE THREE (3) YEAR NOT -TO- EXCEED AMOUNT OF $227,433).
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager or his designee is hereby authorized to execute the
Interagency Agreement with the University of Texas at Arlington under Section 771.003 of the
Texas Government Code, a copy of which is attached hereto and incorporated by reference
herein (the "Agreement ")
SECTION 2. The City Manager or his designee is authorized to expend funds pursuant
to the Agreement for the purchase of various goods and services.
SECTION 3. The City Council of the City of Denton, Texas hereby expressly delegates
the authority to take any actions that may be required or permitted to be performed by the City of
Denton under File 5480 to the City Manager of the City of Denton, Texas, or his designee.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the 1_ day of , 2014.
,\4A`RK A. 1 (AR0lJGHS, MAYOR
IJ
BY:
File 5480
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THE STATE OF TEXAS §
THE COUNTY OF TRAVIS §
INTERAGENCY COOPERATION CONTRACT
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 Citv of Denton
The Universitv of Texas at Arli
II. STATEMENT OF SERVICES TO BE PERFORMED: The Performing Agency will undertake and carry out
services described in Attachment A, Scope of Services.
III. CONTRACT PAYMENT: The total amount of this contract shall not exceed 227,433 and shall conform to
the provisions of Attachment B, Budget. Payments shall be billed
IV. TERM OF CONTRACT: Payment under this contract beyond the end of the current fiscal biennium 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 (February 01, 2014) when fully executed by
both parties and terminates January 31, 2017.
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 THE PERFORMING AGENCY
City of Denton The Universlt of Texas at Arlington _____m_._._
_.., NAME OF A ENCY
ti
BY:
BY: f
AUTHORIZED SIGNATURE AUTHORIZED SIGNAT
r-
TYPED OR PRINTED NAME AND TI LE
DATE:
1 i�� �Ih -" a ?"
Carolyn L. Cason, Ph.D.
Vice President for Research
TYPED OR PRINTED NAME AND TITLE
DATE:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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ATTACHMENT A
Interagency Cooperation Contract
.
scope of services outlines specific and general tasks 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 I Investigation of cover soil and selection of vegetation
Task 2 Site Selection and Instrumentation
Task 3 Performance monitoring
Task 4 Analysis and performance evaluation
Specific tasks associated within this task are provided here:
The UTA Team will:
1. Collect and conduct laboratory tests for soil samples that will be utilized as cover soil. The
laboratory tests will include:
a. Atterberg Limit
b. Sieve Analysis and Hydrometer
c. Standard proctor
d. Hydraulic Conductivity
2. Select 3 types of vegetation based on the recommendation by COD personnel.
Specific tasks associated within this task are provided here:
The UTA Team will:
Visit the landfill site and meet with COD staff to identify locations of the study area in Cell 1.
The dimension of each study area is 80 ft by 40 ft. The possible layout of the study area is
presented in Figure 1.
2. Prepare the site for the installation using the soil type as presented in Table 1.
3. The site preparation will be conducted using excavation and removal of the existing covers,
compaction of existing cover and leveling to the predetermined grades for installation of the test
area.
4. Install a drainage layer at the bottom of the study area, to collect the percolated rain water
through the ET cover. The drainage layer will include the combination of Geo-textile, Geo-net
5
a
7.
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and Geo-membrane with a collection system — these materials will be provided by COD
personnel. The COD personnel will provide the bed preparation and installation.
I I .
I• MITMI MI, I .
Pet,-tds D . ........
40' 40' 40'
Top of Cell 2
10, 10,
Details D
Figure 1 Possible layouts of the study area
Prepare compacted 3 ft. soil final cover layer as barrier over the drainage layer. The compacted
layer will be constructed in every 6 inch lifts with the desired compacting effort and moisture
content based on the laboratory investigation. Specimens will be collected from the compacted
layer and will be tested in laboratory to evaluate the unit weight and permeability of the
compacted layer for quality assurance (permeability should not be less than 1X10-7 cm/sec).
Place a 6 inch un-compacted top soil layer over the compacted soil layer for vegetation growth.
Conduct seeding using 3 different vegetation types (Type 1, Type 2 and Type 3) in different test
bed. The details of the vegetation mix and seeding is presented in Table 2. The proposed grass
mix may be altered based on COD recommendation.
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Clay Content of
Vegetation
Location
Cover Soil
Type
A
20% to 30%
1
B
20% to 30%
2
C
20% to 30%
3
Pet,-tds D . ........
40' 40' 40'
Top of Cell 2
10, 10,
Details D
Figure 1 Possible layouts of the study area
Prepare compacted 3 ft. soil final cover layer as barrier over the drainage layer. The compacted
layer will be constructed in every 6 inch lifts with the desired compacting effort and moisture
content based on the laboratory investigation. Specimens will be collected from the compacted
layer and will be tested in laboratory to evaluate the unit weight and permeability of the
compacted layer for quality assurance (permeability should not be less than 1X10-7 cm/sec).
Place a 6 inch un-compacted top soil layer over the compacted soil layer for vegetation growth.
Conduct seeding using 3 different vegetation types (Type 1, Type 2 and Type 3) in different test
bed. The details of the vegetation mix and seeding is presented in Table 2. The proposed grass
mix may be altered based on COD recommendation.
3 1 P a g e
NrOWFN 1"
Mix of equal portions of Upland
Native
Switchgrass, # 2511, Perennial
100% of
American
2 Wildflower Mix (of Scourched
Study Area B 40
Seed
Earth Recovery Mix, #1816), and
Company
Caliche, # 2860 Mix
Mix of equal portions of Native
Native
Trail, # 1811 (or Texas #1001)
100% Of
40
American
3
Mix, Perennial Wildflower Mix
Study Area C
Seed
and Caliche # 1 Mix
Company
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a
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Location of Sensors
40' (Details in Figure 4)
I
? I) vall HDPE Barrier PALM WK;KA
Oudel IIVC Pipe
Moiswiv and 9" C/C
Vcitkkr PI _Chamber OLIdeI PVC Pipe
. . . . .. ............
UZIM
Fq
m
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Tensjorrwu�v '41 1 W'
Top Soil
10,
(b)
Figure 3 a. Cross section 1-1 of location A, b. Cross Section of Rain Flap
!�'I PVC Pipe
lo- PVC: Pipe
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6�Page
0
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40' 404 40'
,10' 10.
I,ocaliorl cal we
-atllcr sinh011
Figure 6 Tentative Location of Weather Station
Task 3 Performance oitorig
Specific tasks associated within this task are provided here:
1. Monitor the variation of moisture content, temperature and matric suction through the installed
sensors. The data will be collected on bi-weekly basis.
2. Monitor the surface ran off and the volume of percolate water through the data obtained from the
flow meters. The data will be collected on bi-weekly basis or as needed
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Number of
Type of Sensor
Parameter to be Monitored
Sensor
Moisture and
Moisture and temperature
temperature
variation in different depth
16
sensor
of soil
Matric suction of
Tensiometer
4
unsaturated Soil
Flow rate of water due to
Flow meter
4
surface run off
Relative Humidity and
Humidity and
Temperature sensor to
Temperature
measure the variation of
I
Sensor
relative humidity in ET
Chamber
Task 3 Performance oitorig
Specific tasks associated within this task are provided here:
1. Monitor the variation of moisture content, temperature and matric suction through the installed
sensors. The data will be collected on bi-weekly basis.
2. Monitor the surface ran off and the volume of percolate water through the data obtained from the
flow meters. The data will be collected on bi-weekly basis or as needed
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3. Collect the climatic variation data from the weather station. The data will be collected on bi-
weekly basis.
4. Monitor the evapotranspiration of the vegetation using ET Chamber. The ET Chamber will be
enclosed for a day and timely variation of evapotranspiration will be measured through the
change in humidity. The data will be collected on bi-weekly basis.
5. Conduct Vegetation coverage measurement of each study area. The vegetation coverage will be
monitored on monthly basis.
6. The frequency of performance monitoring is summarized in Table 4.
Table 4 Monitoring performance of the study area
Instrumentation Frequency of Frequency of
Data Collection Monitoring
Moisture sensor Continuous Bi-weekly
Tensiometer Continuous
Bi-weekly
Flow meter Continuous
Bi-weekly
Humidity and 24 hrs
Bi-weekly
Temperature Sensor
Weather station Continuous
Bi-weekly
Resistivity Imaging
Monthly
Vegetation Coverage
Monthly
Task 4 Analysis and Performance Evaluation
Specific tasks associated within this task are provided here:
1. Analyze the performance monitoring results from the instrumentation and conduct the
comparative analysis between different cover systems.
2. Determine the evapotranspiration through the direct measurement using ET Chamber. The
evapotranspiration (E) will be also determined using water balance equation as presented below.
E = P - I - R - D — AS
Where,
E= Evapotranspiration
P= Precipitation
I= Percolation or Infiltration
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R=Surface Runoff
D=Lateral Drainage
S=Soil Water Storage
3. Compare the evapotranspiration of different vegetation types. Based on the evapotranspiration,
the effective vegetation for the ET cover system will be recommended.
4. Determine the efficiency of the different vegetation on ET Cover system. Based on the efficiency
of the different covers, the effective cover system for the landfill will be recommended.
5. Submit final report summarizing the findings. The report will compile all the information
disseminating from each task of the proposed work.
Summary of Reports 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.
Summary of Technical M eetinEs
UTA will attend technical meetings with consultants, or any other parties, as required or requested by
the City personnel.
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Interagency Cooperation Contract
pzuzm� =
Proposed B udget
This is a fixed price project with a total requested budget per year is presented here:
Year 1: $ 87,403/=
Year 2: $ 70,015/=
Year 3: $ 70,015/=
The requested budget will cover salary costs of project personnel (Principal Investigator and 1
Ph.D. Student), material costs, and travel costs (trips to landfill sites for sample and data collections,
and presentation of findings). Table 5 shows all budget items (as per UTA guidelines) and the
corresponding allocations.
U�l : Ofm-
IWEM
The expected time to complete the project is 3 (Three) years.
Year 1
Year 2
Year 3
Total
Salary (PI + Graduate Students)
47500
35500
35500
118,500
Fringe Benefits
7650
5850
5850
19,350
M&O -- Materials
3000
3000
3000
9,000
Sub-Contracts
0
0
Scholarships /Stipends
0
Tuition
9094
9094
9094
27,282
Particit)ant Support
0
Travel (Domestic)
4000
4000
4000
12,000
Travel (Foreign)
0
Participant Travel
0
Equipment
0
0
0
TDC
71244
57444
57444
186,132
MTDC
62150
48350
48350
158,850
TFAC
16159
12571
12571
41301
TC
87403
70015
70015
227,
IWEM
The expected time to complete the project is 3 (Three) years.
Contract No
ATTACHMENT Al
Figure B1 Moisture and temperature sensor (Manufacturer: Decagon; Model: 5TM)
Figure B2 Field Tensiometer (Manufacturer: Decagon; Model: T4)
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Figure B3 Data Logger for Temperature 1,71oisture Sensors and'Yenslometers (1.14.5ifulazPaTUR
Decagon; Model: E2150)
Figure 1 4 Humty and Temperature Sensor for ET Chamber (Manufacturer: OMEGA;
Model: RH-32B-C2)
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Figure B5 Weather Station (Manufacturer: Grainger; Model: 6163)
]��111 I 11111�1111 . pj� �-'f
��7! ", �111111123 Of m 9
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ATTACHMENT C
Interagency Cooperation Contract
General Terms and Conditions
Article 1. Amendments
This contract may only be amended by written agreement executed by both 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 and 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
15 111 a)4,,
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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
Employment Opportunity," 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
procurement as the Texas Department of Transportation may direct as a means of
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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
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Agency shall furnish the Receiving Agency with satisfactory proof of its compliance with
this Article.
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