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Home My WebLink AboutC2012-103 - 2/21/2012 - ApprovedWATER SAMPLE ANALYSIS SERVICES CONTRACT GLO Contract No. 12-195-0604475 Tim GENERAL LAND Ornc (the "GLO") and the Conrus Cnnuri-NuErms Comm PUBLic Mum DIM= (Mums Cowin) Tax Identification Number 17460005741 (the "Provider"), outer into the fallowing contract, for water sampling services (the "Contract") pursuant to Ow State Pinholes and Gated. kroftees Act, Tu. Oov'T CODE ANA, Subtitle D Chapter 2155-2142, et. se. ; double- 1.01 .DmPirriorts ,mgnigrabmited AgratEggidutkne mews the statutes and regulations included in Title 43, Code of Federal Regulations; Chapter 321 of the Government Code; Subchapter F of Chapter 2155 of the Government Code; and the requirements of Article VII herein. With regard to any federal funding, agencies with the necessary legal authority include: to relevant federal agency, the cemPtionec General, the General Aceounthtg Ofliee, the OiNce of Inspector General, and any of their authorized representative. In addition, state agencies with the necessary legal authority include: the GLO, the GLO's contracted miners, the State Auditor's Office, and the Texas Attorney General's Office. 4,zsgskage means documeints, terms, conditions, or additional informedion Physically added to this Contract folictivieS the execution page or included by reference, as ifpbovinally,vithin the body of this Contract. "Beach Watch means Craig Davis, OLO Coastal Resources Division. • Con�' atom this wore document along with an Attachments, both Ardent and incorporated by reforcact, • "Deliverables" 11,1221111 any report, data, document, Photograph, or other submission required to be delivered under,the terms of thia Contraot, in whatever form. 94sta1 Aammaa" means Standard Form 424B (Rev, 7-97) as prescribed by OMB Circular A-102 (non-construction projects); or Standard Form 42413 (Rev. 797), as prescribed by OMB Circular A-102 (construction projects), in attached hereto awl incorporated heroin for all purposes. 2012-103 Res029371 2/21/12 GLO GLO Contract Nu, 12-1954004475 Page 1 1115 I IsIDE)TD " Federal Ca t fioadons" means U.S. Department of Commerce Form CD -512 (12- 04), "Certifications Regarding Lobbying -- Lower Tear Covered TY mms:dons," in Attacbmaa , attached hereto and incorporated herein for all purposes. "Pfscal Year" means the period `be3ginniug September 1 and ending August 31 each year, whidih is the annual accounting period for the State ofTexsas. "GAAp" means "generally accepted accounting principles." " QASB" means the Governmental Accounting Standards Board. "tieneral Aiarmationa" means the statements in Attatiqueat C, attached hereto and incorporated herein for all pisses, which Provider affirms by executing this Contract. ' means the Texas General Land O fco its office employees, and *' .M" means llistorically Undyed Business, as defined by Chapter 2161 of inn Texas Government Code. "Mentor l'rotdgg" means lire Comptroller of Public Accounts' leadership program found at: httpJlwww wictdow state tx.usfprocumnentlpmg/htib/m tegel "Emigre means the water sampling services, described in SEcnox 1.03 of this Contract "ftgua v Act" means Chapter 2251, Subtitle F of Tittle 10 of the Texas Government Code. "Provide" means Corpus Christi-Mecca Cowdy Publio. Health District is selected to accomplish the Project under this Contract. "means Chapter 552 of the Texas Government Code. "Quality Assurance project Plan or QAPP" means the document setting forth the means and methodology for water sampling under this Contract, as prepared for the U.S. Bnvironmentai Protection Agency, Revised November 2010, and effective on January 1, 2011. "State of Texas Te uvel" means Tags Administrative Code, Title 34, Part 1, Chapter 5, Subchapter C, Section 5.22, relative to barrel rehubursementa under this Contract; if any. °Bbcontructor" means an individual or business that signs a contract to perform part or all of the obis of Provider under this Contract "Work plan," attached hereto and incorporated herein for all purposes as Abhechmemt A. micas the methodology and means by which tasks related to the Project shah be performed by Provider. a Cogbraa No. 12-195400-5475 Paget of 1S 1.02 INTERPRETIVE PROVISIONS (a) The meanings of defined terms are equally applicable to the singular and plural forms of the defined terms; (b) The words "hereot" "herein," "laereunder," and similar words. refer to this Contract as a whole and not to any particular provision, section, attachment, work order, or schedule of this Contract unless otherwise specified; (0) The term Itioluding" In not limitin g and means "includ limitakte and, unless otherwise expressly provIded in thi r refercuees to contracts (11,11'181'1_ this Contract) and caw co/Arai:tad instrumeiits s be deemed to hen ell subsequent amendments and otIr zuodificaions thereto, but only to the extent that ettelt araendrnQt and other modfieations me not prohibited by tete:Ms Pr thls contritot and (li) Itterences to any statute or teguattlen are to be costrued as including aU abstutory and regulatory provisions consolidating, amending, replacing supple', itilaptettug the statute or regulation; The captions and headings of this 9 Contract are for convenience of reference only and shall not affect the interpretation of this Contract; All attachments within this Contract including those incorporated by reference, and any amendments are considered part of the terms of this Contract This Contract may use several different limitations, iguWioiia, or polio* to regulate the Me or similar matters. Ail such ittnitations, regulatirma, and policies are emulative and each shall be performed in acoordtmce with its terms; (g) Unless otherwise expressly provided, reference to any action of the GLO or by the GLO by way of consent, approval, or waiver shall be deemed, modified by the piraseNn itsitheir sole discretion!' Notwithstanding the preceding sentence, any approval, consent, or waiver required b)r or requested of} the MO shall not be unreasoxwbly withheld or (h) Time is of the essence in this Coated. L03 PROTECT The Project shall strictly conform to the Beach Watch Work Plan and the EPA- approved Quality Assurance Project Plan contained in Attachment A (collectively the "Work Plan") (Project). By signing this Contracts and by providing the Prefect Manager Signature Pages, attached hereto and incorporated herein for all purposes * Attationent A, Provider certifies to having read 'the QAPP and to a complete understanding of the QATT )1'01/pirouette for ..each and ,Were 0011lity* in which...testing is to be conducted. LO Cantact No. 12-195-000-5475 Page 3 (115 2.01 DoRATioN . . . . This Contract shall 'be effeetive as- a September 1, 2011 and shall terminate on August 31, 2012. The GLO, at its own discretion, may extend this Contract subject to tenns \and conditions mutually agreeable to both parties. 212 EARLY TREKENATION The GLO May temdnato this 'Contract by giving written notice specifying a termination data at least thirty (30) days subsequent to the date of the notice. Upon receipt of any such. notice, Provider slisdf cease work, undertake to terminate any relevant subcontracts, and incur no further expense :related to this Contract Such •early termination shall be subject to the, equitable settlement of the respective interests of the parties, accrued up to the date of termination. PAGRINTIINTIONALLY LirrRtc • .k. A !"., ■•_ • 77,e■;.',. !:L , 7 77 GLO COminic t 22495400-5475 Pogo 4 of 15 m. CONSIDERATION 3.01 CONTRACT Lmwr, Ems, AND EnPmss es Subject to the terms and conditions of this Contract, the GLO agrees to reimburse Provider an amount not to exceed the sum On HUNDRED Foi THOm:sAr D Or 1 Higninn Sim DOLLARS ($IO4,16O.00), payable in instalments for providing fo110 ng a_etrvioesauhe!ollow rates" FORTY DOLLARS ($40.00) PER SAMPLE IN ARANSAS COUNTY for Water Sampling Services required under this Contract listed in Exhibit 2 of the Work Plan. FORTY Doia,A$s ($40.00) PER SAMPLE IN Nrl cEs COUrrrY for Water Sampling Services required under this Contract listed in Exhibit 2 of the Work Plan. FORTY DOLLARS ($40.00) PER SAMPLE IN SAN PAZ'cio Cdi DITY for Water Sampling Services required Under this Contract listed in Exhibit 2 of the Work Plan. An additional SEVENTEEN THOUSAND FIVE HUNDRED TWENTY DOLLARS ($17,520.00) of the Base Cost for water sampling services for Aransas; Nieces and San Patricio counties have been incorporated in the above total to cover GLO pre - authorized travel expenses, =samples, miscellaneous lab supplies and equipment. THE GLO IS NOT LIABLE TO PROVIDER FOR ANY COSTS INCURRED BY PROVIDER BEFORE THE E CTIVE DATE OF TBL CONTRACT OR AFTER TERMINATION OF IBIS CONTRACT. 3.02 PAYMENT PROCEDURES , • Bach request for reimbursement shall ( beon the approved GLO`iorms attached hereto as Attachment B; (ii) be supported by an invoice detailing the number of gmnoles ;taken, including the " number of additional samples deemed necessary wader the Work Plate and (iii) provlde such other information as the (+LO may request, Requests for payment may bo submitted monthly on or before the 10th day of =II calendar mom and shall be mom. : . . 8 3 'i Roque* fbn nimbursement under this Contract must be received by the GLO not later than sbity (60) days ftriin the data .Provider performs the sampling. Failure by Provider to in a tin* `; v this requirement may, at the GLO's sole discretion, rat in :d rfal of tie request the for reimbtusement. Ali requests for reimbursement shall prominently display "GLO Contract No. 12- 195 -000. 5475." Failure to include this number may significantly delay payment. REMAINDER OF PAGE INTENTIONALLY LOT BLANK GLO ContractNo. 12-195 - 000 -5475 Pais 5 of 15 PROVIDIXS WARRANTY. APRIRMATIONS, AND ASSURANCES 4.01 PErtronmant WARRANTY • Provider warrants that all saiiices perforated under this COntract will be performed in a WM= consistent with a deism 4 care and skill exercised by members of the game profession currently PAtOtRing unc circumstances. Provider warrants that all work product ("Deliverables" under this Contract shall be completed in a manner consistent with standards in the applicable trade, profession, or industry; shall conform to or exceed the specifications set forth in the incorporated Mtaelemenis Cif any); and shall be fit for ordinary use, of good quality, and with /J.0 1:material defects. if Provider Nis to provide Deliverables timely or to perform satisfactorily under conditiaos required by this Contract, the GLO may require Provider, at its sole expense, to (a) repair or replace aft defective or damaged Deliverables; (b) refund any payment received for all defective or damaged Deliverables and, in conjunction therewith require Provider to accept the return of such Deliverables; and/or (c) take necessary action to ensure that future performance and Deliverables conform to the Contract requirements. 4.02 GENERAL AEARATATIONS - To the extent that they are applicable, Provider further certifies that the General. Affirmations in Attachment C have been reviewed, and that Provider is in compliance with each ofthe recedrements reflected. ther, 4.03 FEDERAL ASSMANCES To the extent that they are applicable, Provider farther certifies that the Federal ASSUCtinCeS in Attachment D, have been reviewed, and that Provider is in compliance with. each of the requirements reflected therein. 4.04 FEDERAL CERTIFICATIONS TO 'the extent that they are aPpliCable, Provider further certifleS that the -Federal Certifications in Attachment 'E have been reviewed, and that Provider is in compliance with each of the requirements reflected therein. In addition, Provider certifies that it is in 'compliance with any other applicable federal laws, rules, or regulations, as it may pertain to this Contaact. RElitiiNDER O.F PAGE INTENTiONALLYLEFT Ewa. GLO Contract Ne. 12-195-005-5475 Pogo 6 of 15 V. STATE FUNDING 5.01 STATE FCMOING (a) This Coattact shall not be constmed as creating any debt all behalf die State of-Texas and/or the GLO in violation &Article 111, Section 49, of the Texas Constitution In compliance with Article Wi, Section 6 of the Texas Constitution, it is underatood that all obligations of the MO hereunder are subject to the availability of state funds. If snob funds are not appropdated or become unavailable, this Contract may be tr.,mfinated. In that event, the parties shall be discharged from further obligations, subject to tbe equitable settlement of their respective interests, accrued up to the date ofterminaticsn. • (b) Parthemicre, anY claim. by Provider for damages' tinder this Contract may not exceed the amount offends appropriated for payment but not yet paid to Provider, under the annual budget in effect at the time of the breach. Nothing in this provision shall be construed as a waiver of sovereign ,„ immunity. . . • liEMAINDER OF il'AGEINTEN'110i4AtLY &Fr BLAME • MO Contract No. 1249-00044'7S Page 7 of 15 ( VL Okisjii 6,01 OwzaRsHir AND THIRD PARTY RELIANCE (a) The GLO shalt own, and to the GO, ell right title, and intarest hiall services: to be performed; all goods t be delivered; and/or all other related work product preaxedor b the reparation, by Provider (or its mot In this together with all related worldwide lntellcoival perty tights of or character (collectively, the "Work lid dreUmsteeco will any license fee, royalty, or other consideration not specified in this Contract be due to Provider for the assignment of the. Work Product to the OLO or for the GLO' s 1158 and quiet enjoyment of the Work Product in perpetuity. Provider shall promptly submit all Work Product to the GLO upon request or upon completion, termination, or cancellation of this Contract for any reason, including all copies in any form or medium.. '6) Provider and the OLO shall not use, willingly decease such Work Product to be used for any purpose other than performance of Provider's obligations wider this Contract without the prior written consent of either party, Work Product is for the occlusive use and benefit -04 and may be relied upon only by the para-.. Prior to distributing any Work Product to any third party, the patties shall advise such third parties that if it relies upon or uses sack Work Product, it does so entirely at its own risk without liability to Provider or the GLO. REMAINDER OF PAGE INTENTIONALLY Lnr BLANK GLO Coniract Ne. 12-195-000-5475 Pogo S of 15 VIM RECORDS. AMA PRQoRtnTAnyI oRMxroN zUCDJS 7.01 BOOKS AND RP :CORDS Provider shall beep and maintain under GAAP or OASl3, as applicable, hill, true, and complete records 'necessary to fully disclose to the OLOJ the Texas State Auditor's .Office, the United States Government, and/or their authorized representatives sufficient Information to determine compliance with the terms and conditions of this Contract and all state and federal rules, regulations, and. statute. 7.02 INSPECTION AND Auar (a) Provi .. - x cva aced iii Work Product produced in re1t to thiS Cgottue, the words end Work Product of its Subcontractors, be subject to the A€b ai e and Audit la Accordingly, such records and Work Product shall, be subject, at any time, to inspection, examination, audit, and copying at any Location where such records and Work ?rochict :rte be mod, with or vrigtoa,notioe. foota the OW or other goyenunent entity with e ealthority. Provider agrees to y with any federal or state Wit' in the coif cif . . cooperate � audit, and includhag providing al( intbrostion Provider 'lit ensure that this clause concerningfederal and :s end' Cori to %ems exaua a audit. and coy records and Work Product, and the requirement to fib` cooperato with the federal and state entities, is included way subcontract it awards. (b) Provider understands tit acceptance of star funds under this Contract acts as aceeptanoe of the authority of the State Auditor's Office to conduct an. audit or investigation in connection with those funds. Provider further agrees to cooperate fully with the State Auditor's fee in the conduct of the audit or itxveatigationn, including providing all records requested. Provider will ensure that this clause concerning the State Auditor's Office's authority to audit state funds and the requirement to fully cooperate with the Stale Auditor's Office is included in any subcontracts it awards. Additionally, the State Auditor's Make shall at any thoe have. access to and the rights to i , ,auk. cerpt, and tense pertinent books, doetiments, wurkkig papers, and ' of Pmvider relating to the Contract for any purpose. 7.03 PERIOD or RETENTION TION All r relevant . be ; `.for a minimum of five (5) requited by federal regulations application to the Project if any. The a as period €td Eton at the dote of perriect payment by the GLO for the goods or GLO Contract No. 12-195-000-5475 Page 9of15 services or from the date of termination of the Contract, 'whichever is later. The period of retention shall be extended for ft period reasonably necessary to complete an audit and/or to complete any adminislauthm proceeding or litigation that may ensue. 7.04 CONFMENTIALITY To the extent 'permitted by la*. Provider aud the' GLO agree to keep all information confitiontiel, in whatever form godueed4 proAreci, observed, or received by Ptovidor or the Ma to tho extent that euoh inforreatiou let (4) coviidentiol l,y trcq (b). marked or designated "confidential" (or wor44 to That effect) by Provider or the GLO; or (o) information that Provider or the GLO is otherwise required to keep confidential by *this Contract Plitg1011110/13, Provider will not advertise that it is doing business with the GLO, use this Contract as a marketing or sales tool, or make any press releases concerning work under this Contract without the prior written consent of the GLO. 7.05 PUBLIC RECORDs Pursuant to the Public Information Act, reaordi riiceiVed fr-ora Provider may be open to public inspection and copying. The GLO will have the duty to disclose such records, unless a particular record is made confidential by law or =opted from the Act Provider may clearly label any individual records as a "trade secret," provided that Provider thereby agrees to indemnify and defend the GLO for honoring Atoll designation. The failure to so label any record shall constitute a complete waiver of any and all claims for damages caused by release ofthe records. If a request for a labeled record is received by the GLO, the GLO will notify Provider attic request in accordance with the Pabile Information Aot. REHAThwER OF PAGE INTENTIONALLY LOT BLANK CLO Contract No. 1249541004475 ?g1° of 15 8.01 IrouRANac numnarilamsgassem Provider shall acquire, Ear the duration of this Connect, imunence andior bonds, with financialk* sound and reputable independent insurers licensed by the Texas Department of Insurance, in the type and amount customarily carried WIthth the industry. Provider may be requested to submit evidence of insurance as required under this Contract, including Of reOested) a 841#414° of coverage "underwriter's schedules") establialing to the selisfilitioa ofthe GLO therein** and extent of coverage granted by each such policy. la the event that any policy is determined to be deficient to comply with the teems of this Contract, Provider shall secure such additional policies or coverage as the GLO may reasonably request or that are required by law or regulation. If coverage expires during the term of this Contract, Provider must pmduce renewal certificates for each type of coverage. 8.02 "LEGAL OBLIGATIONS Provides shall procure and maintain for the duration of this Contract any state, county, city, or federal license, authorization, insurance, wthver, permit, qualification or certification required by statute, ordinance„ law, or regulation to be held by Provider to provide the goods or services required by this Contract, Provider will be responsible for payment of all taxes, assessments, fees, premiums, permits, and licenses required by law. 114001er agiees to be responsible for payment of any such gOVVRIEVRIt Obligaii0/IS not paid by its subcontractors during performance of this Contract. 8.03 INDEMNITY To THE EXTENT PERMITTED BY LAW, EXCEPT FOR DAMAGES DIRECTLY OR PROXIMATELY CAUSED BY TAE GROSS NEGLIGENCE OF TDB GLO, PROVIDER SMALL IMIEMNIFY Ni A HOLD HARMLESS THE STATE' OF TEICAS0 THE GLO, 4WD THE OFFICERS, REMSENTAUVES, AGENISi AND EMPLOYEES OF THE STATE OF TEXAS AND THE GLO FROM ANY LOSSES, CLAMS, suns, ACTIONS, DAMAGES, OR LIABILITY (INCLUDE% ALL COSTS AND EXPENSES OF DEFENDING AGAINST ALL OF THE AFOREMENTIONED) ARISING IN CONNECTION writ THIS CONTRACT; ANY NEGLIGENCRI ACT) OMISSION OR MISCONDUCT IN I= PERFORMANCE OF THE swot= REFERENCIK) =um OR ANY CLAIMS OR AMOUNTS ARISING OR RECOVERABLE UNDER FEDERAL OR STATE WORKERS' COMPENSATION LAWS, THE TEXAS TORT CLAIMS ACT, ORME OTHER SUCH LAWS. GLO Cooktriurt No. 11495.000.5475 Pig. 11.115 1 PROVIDER SHALL BE RESPONSIBLE FOR Trra SAFETY AND WELL HEING OF ITS EMFLOYE s, CUSTOMa,RS, AND JNiTTRE'S. Timm REQUIREMENTs SHALL atavism TTIB TERM of TIES AGREEKENT VNT'L. AZJI CLAMS HAVE BEEN SETTLED Olt RESOLVED AND SUITABLE EVIDENCE TO THAT EFFECT DAB BEEN D TO THE CLO: THE 'ROVxSToNS OF T'IDs SECTION 9.03 sURYI VE 7r nrinivATxo?. OF IBIS CONTRACT, 9.04 A�T AND StBCONTEA,CTS � :wade awn not aid, Or rely arki, oldigations, doge/ under this Context without the .prior 01.0. Notwithstanding Us provision, it is mutually understood and that wider may ; subcontract others for some or Vii: of the iopicos su Provider AO legally bind such suet sebootitraetor Vie" The " duns, , a ; ibiig ons of Edges speoltied in this COntract, Nothing .u..r.wacruacu. olive 'ovider 'of the x o ibW ' ibr omits the goods d aturt the e bnider : and% any of its subcontractors comply with all the terms and provisions of this Contuset Provider will provide written notitcation to the GLO of any such subcontractm poifouning fifteen . percent (1.5%) or mote of the work under this Cones baolucliog t . r aion. number of subcontractor, the task(s) being fiber: of subcontractor employees expected to work on the task. 8.05 HISTORICALLY UNDER: MIMED BUSINESSES (RUBS) / MENTOR SPROT Gj (a) in accordance with State law; it is the GLO's policy to assist HUBS whenever possible, to,cipa: in providing goods and services to the agcy. The GIP gamirsgesthosepie with wheat oni c s for provision �ofy� goods and to to . thy: sie selecting subcontractors, to assist in fldf their el 'i:.A b "f with the GLO. In addition to information melted by Cow tile .con . party .vdll provide the p uement tioparbnent of the eilD witapenineut dam. of enY PertrelPation by aRUB fillfilliug tile duties. and obligations arising hereunder. (b) The CAL© mounts the eit HUBS that participate futile Oareptre 8.06 RELATION OF TEE PARTIES Provider is associated with the GLO only for the purposes and to the extent specified in this Contract, and, in apeot to Providerrs p ; ce p. ;. Contract, Provider is and shall be an ind terms of this Contract, shall bane only tD en c;ontroI, and direct performance of detalis. incident to its 4tdiett ":U t COO Contract No. 11495-000-5475 Page 12 of t5 ( t Contract NotFingnentained in this Contract bafl be 004 or calstmed to out, &partnere* or joint vontare, to Mate, reiationshipavf-aa OtOP1001,41n PrindPkagret Pr to otherwise -create tir The ,010 say Ifabilfty Witgar*fer- w reaped to the- indebtedneo, liabilite, and ob.' - of Provider or any other patty. Provider rfiall be abioly reepta*blo for, and the MO ahall have no obligation with respect In: (a) withholding of Lwow taxi, k Oibettf* (b) industrialbr worker compenton nsurmicecov' (o) participatkal in, any to employees or tio 'Stateof DMA (d) participation or contributions by the State to the State Employees Retirement System; (e) aceumult)rion of vazation leave or sink leave; or (f) unemployment compensation coverage provided by tb.e State. 8,07 COKPLuirtcz wine Owlet LAw$ In the performance of this Contract, Provider shall comply with all applicable federal, state, and local laws, ordinances, and rep/edam. Provider shall make itself faetear With and 04 fhnotAlati ODseve.'and -comply with all federal, sta; and 1001 laws, oralatice4 1114 leggiations tbat in any manner affect peplum= under hio Contract Provider will be deemed to have knowledge of all applicable laws and regulations and be deemed to understand then. am NOTICE; Any notices : regaitea iaider this CotiraetatidDO 4i0m,:;4 (11404=4 when d‘osited tither:* the United Statea'roaff, pot* IA eertified,.ratuarea :With a .ecnimon canier, pvegitight, ggnature .04tikeit to the..appovriod. idareis Texas Genei:al' Land Office , . 1700 N. Congress Avenue, Rooth 910 , Austin, D( 78701 Attentionaegal Services Diviicat Provider Corpus Christ' i-Nueces County Public Health District 1702 :acne Road Carpus C:Inisti, TX 78416 Attention: Mr Gabriel Ramirez • Notice given in any other manner shalt be deemed effective only if and 'when received by the party to be notified her party may change its address for notice by written notice to the other party as herein prqvided. GLO Contractile!. 12-195410M47 Page Li 0115 8.09 GOVITING LAW AND VENUE f This pct ad the tighti and tand pia; he., s� . gOverried by, and 'construed accortlhig ors the w of Texas, exclusive of contliots of law provisions. Venue ofany suit brought: under this ahaU be in a cotes o 'cam judscliatbali Travis County,- e* 4ovider irrevocably waives any o ea inoJn 1h g any Objection to perseuatindsdietion or the leyir4 avenue or on the grounds. o .rum. ion 'mac it may paw or. have to the. bringing of any action or proceedlni > in ininh jurisdiction in respect ofthis Contract c any dooi mad reritted a to. Ned. IN MIS SECTION SHALL BR CONSTRUED AS A WAIVER OF SOVEREIGN TMVIMVNITY BYE GLO. SAO SEVEDA.BILTPY ady..pirodslot meted it, t. Cods lieg be tale a: oflaw ' •e ty, f Contr ski: bo,coi*.ligect, sititsucl,prolatoo d:not the a nforc bility of inch pmviition *11 aOtlialtildte itlid0 oh' provision-a#.01444 t ct . . e 8.11 FORCE MAJEURE Except with respect to the obligation of payments *tinder his Co lraet, if either r of the after a good fiith.eo, is preted fromcomplying voifh wiy express or imiked coves of this ;Conttact by rumen of war; o strikes of God any vend order„ roll or of r �, strikes; . similar amts that the control of the affected r party (collectively refit to as a Tope while ao prevente4 the affected party's bligation to. comply oh .;, Atall b sas Imlay oot such event, . Motor 'Force _ ..[ ;� d ' -: to pry co shall p _ ' mptly!M'oti the other party of t Force Winne twat writing . add, ifpossible, such nottc -sal set rth the extent and duration thereof The party claiming Force Majeure shall exercise due diligence to invent, eliminate, or overtome such raw 14101110 e It where it- possible to do so end shall rest= ,pertermatioe ; at the earlfear possible - However, if non-perfiarmance cotes for more than thirty (30) days, the GLO may terminate this Contract imm.ediately upon written notification to Provider. 8.12 DISPUTE RESOLUTION If a contract dispute arises that cannot be resolved to the satisfaction of the parties, either ,party may notify the other party in writing of the dispute. If the parties are unable to satisfactorily resolve the dispute within fourteen {1,4) days of the written notification, the parties must use the dispute resolution process provided for in Chapter, 2260 of the Texas Government Code to attempt to resolve GLO Contract No. 12495-000-5475 Page 14 o±15 . the dispute. This provision shall not apply to any matter with xespeot to which either patty may make a decision within its respective sole discretion. • 813 FNITRE Coy m &cr AND MODIFICATION This Contract, its integrated attachment(s), and any purchase' order issued con4jemctlon with this Contract constitute the entire agreement afire parties and are intended as a complete and exclusive statement of the promises, representations, negotiona, discussions, and other agreements that may have been made in connection with the • subject matter hereon Any additional or conflicting teams in such attachment(s) aadlorpurchase order shall be harmonized with this Contract to the extent possible Unless such integrated attachment or purchase circler specifically displays a mutual intent to amend a particular part of this Contract . general conflicts irk language shall be construed consistently with the terms of this Contract 8.14 gOITNTERPAETS This Contract may be executed in any number of counterparts, each of which shall be an original, and all such counterparts shall together constitute but one and the same Contract. lithe Contract is not exec by the GLO within thirty (30) days of execution by the other party, this Contract shall be null and void. 8 t 5 PROPER AUT1IORm Each party hereto its and warrants that the person executing this Contract on its behalf has full power and authority to enter into this Contract Provider acknowledges that this Contractis effective for the period of time apeoified in the Contract Any services performed by Provider before this Contract is effective or after it ceases to be effective are performed at the sole risk of Provider. SIGNATURE PAGE FOLLOWS GLO Conhaet No. 12.i 54000-S47.5 page IS of 15 SIGNAL PAGE FOR MO CONTRACT No 12 -195- 000 -5475 CmKRAL LAND OvICm CORPUS Cm s z Nuircilcs Cover PUBLIC REAL= SGT Larry L Leine; DoputyLaad moo: R J M A J N D E R O P P M E O N A Y L R L BLANK " - ! , AUTHHURILU 0\ 7- 6' COMM SECRETAR ATTACHMENT A GLo Comic r NO. 12-195-000.5473 8 • BEACH WATCH WORK PLAN Aransas, Nueces & San Patricia Comities September 1, 2011 to August 31, 2012 Iutrn As the lead state agency charged with implementing the Beaches Environmental Assessment and Coastal Health Act of 2000 (BEACH Act), the Texas General Land Office (GLO) will contract with Corpus Christi Nueces County Public Health District (Local Contractor) to collect and analyze water samples, notify the public of beach water quality and to recommend and/or issue, water quality advisories when warranted. Craig Davis Coastal Resources Division P. O. Box 12873 Austin, Texas 78711 -2873 (512) 463 -8126 (512) 475 -0680 - fax craig.davis®glo.texas.gov L QUALITY ASSURANCE PROTECT PLAN All monitoring data must be collected according to the EPA approved Quality Assurance Project Plan (QAPP) (Exhibit 1). Local Contractors must adhere to the QAPP. Upon refit of the QAPP, the project manager is required to read the doemneat and return the signature page (Appendix D for Aransas, Nimes & San. Patrido Counties of the QAPP) to the GLO Beach Watch Coordinator. If any conflicts arise between this work plan and the QAPP, the requirements of the QAPP shall take precedence. IL SAMPLING STATIONS AND SCHEDULE All samples shall be cord in aocordance with the Procedures for Local. Contractors set forth below and the QAPP. Sampling Station. The Local Contractor shall collect wafter samples fiom fixed sampling stations, depicted on the maps and station lists in Appendix C of the QAPP. The Local Contractor shall follow the attached Sampling Schedule (Exhibit 2 of this Work Plan) and shall conduct additional sampling as required in Section V of this Work Plan. Based upon the contract amount, approximately 190 samples in Rinses County, 1,938 samples in Nunes County and 38 samples in San Patrido County shall be collected by the Corpus C •Nueces County ,Public Health District between September 1, 2011 and August 31, 2012. Sampling Dept. The Texas Beach Watch Program will sample at a depth of approximately two feet (2 ft) or knee depth. The two-f3ot sampling depth will apply unless; • The mj of re .':l i .oceursa±u emP than two feet. if this occurs files may be collected ; the location on tf , . th* or • The two -foot sampling depth oouu more than 50 meters fi ra shore. If the tWo-foot sampling depth ocours more than 50 meters from the shore, samples may be collected at 50 mew from shore or at the location of greatest swimmer sly. The distance shall be measured from the approximate water line at the time of sampling. Sampling Schedue1e. ' Exhibit 2 lists the weeks when sampling will be conducted. Tuesday is do preened sample collection day. Monday and Wednesday are alternate ale collection days. This schedule allows time for re-sampling to occur, before the next regular sampling period, when elevated bacteria levels are detected. Depending on the number of beaches and stations, local contractors may require several days to collect samples. Calleciion may occur over a three- day period; however, liar approval from the Beach Watch Coordinator is required. IIla LABORATORY TESTING Method 1600. The Loci Contractor' will �!�' ` ' En�ococci is Water by Membrane _ Indaxyl- -D- GGlncoside Agar (PIED July 2006 (httrilwwfv.epa.godwatemeiencettnethodsimethodthiologlegt16044 or the EO Enterolertm system. The local contractor or designated Laboratory shall have a Quality Assurance/Quality Control y(QA/QC) . Plan. execution of this Conhsat, the Local C�won. for provide `the CLO teach OW' o with the 3 eii (i fax . nuthers, y point of . contact (with email) tor tbe . - P .... d by other =Wes ( Local Contractor may be considered. , Colketbm and + until GLO provides wri%ten notification to the Local Contractor tint the QA/QC plea was received and approved. N. SAMPLING PROCEDURES Equipment and Stogies. The following equipment and supplies will be necessary for the collection of water samples by the Local Contractor • Insulated cooler for storage and transportation of the samples to the Iaboratcuy • Thermometer • Sample bottles — The bacteriology samples will be couckted polyPtvPylene bottles at least 125 milliliters (m1) but no mote than 1000 tug silo' for adequate " . Polypropylene bottles are recommended as they maybe antocktved and IOU keep sample costs down. di Ice packs to keep samples cool • Labels for sample bottles (Do not use paper or adhesive labels es these will rub of) • Black indelible marker to label samples • Alipeperwerk bud not limited ta Chale efettetedY fort andFieldob f (FOP) it 3). e ' FOP lam' Information collected, .� Gated . the POP .mast : be electronically, one a month in a spreadsheet format supplied by the Bah Watch Coordinator. Sample CoIlpoti0n Digging. Trained individuals shall perform the collection of samples. A brief dcscrlpbton of the training of the individuals must be provided to the Bean# Watch Coordinator. &anglanliaction. one sample will be collected at each station. For every 10 stations sampled on any given day;a second sample must be collected at one of the stations as mitred by the QAPP. Samples shall be collected within antes length of each other. Sample collection maybe do side - by -side or concurrently. Alkyd= samples shall be collected as follows: Step-b -Step Procedures for local contractors From Appendix J of the National Beach Guidance and Performance Criteria for Recreational Waters (EPA - 823 -B-02 -004) July 2002. 1. Identify the sampling site on a chain olcusiody tag, if reel ;tired, or on the bottle label and on a field Iog sheet. 2. Remove rho bottle covering and closure just before obtaining each sample and protect them from contamination. Be careful not to touch the inside of the bottle itself or the inside of the cover. the first sample to be prepared is the trip blank (at least one per sampling day for routine sampling is reoammended). Open one of the sampling bodies and fill it with 100 ml of sterile buffered dilution solution (see EPA Method 1103.1) where. collecting freshwater, estuarine, or marine water samples. Cap the bottle and place it in a cooler. This trip blank will be used to verify that the samples have been maintained at the correct temperature for trattspnan. 4. To collect the surface water samples, carefully move to the first sampling location. If wading in the water, try to avoid licking up bottom Material at the sampli ,g station. The sampler should be positioned downstream of any water current to take the sample from the incoming flow. Samples shall be collected in apply two feet of water (-10ree deep). 5. Open a sampling bottle and grasp it at the base with one hand and plunge the bottle mouth downward into the water to avoid introducing sar0 ce scum. Position the mouth of the bottle into the oiureut away from the hand of the sampler. The sampling depth should be 15 to 30 centimeters (6 to 12 Inches) below the water aurthea, depen.ding on the depth from which the sample must be taken. If the waterbody is static, an artificial cement on be created by moving the bottle horizontally with the direction of the bottle pointed away from the sampler. Tip the bottle slightly upward to allow air to exit and the bottle to till. 6. Remove the bottle from the waterbody. 7. Pour out a small portion dike sample to allow an air space of 2.5 centimeters (1 to 2 inches) above each sample for proper mixing of the sample before analysis. [NOTE: If the bottle contains any debris or other contaminants or excessive sediment/sand', a new bottle must be used. Do not pour out the water sample and mill the bottle.) 8. Tightly close the stopper and label the bottle. 4. Enter specific details to iderify the temple an a permanent label. [NOTE: It will save time to label and mark bottles before taking samples.] Take care in transcribing sainIing ineormadon to the label. The label should be glean, wutarprooZ nonameating, and large enough for the necessaq information. The label must be securely attached to the sample bottle but removable when necessary. Preprinting standard infomration on the label can save time in the field. The marking pen or other device must be vonaniearing and maintain a permanent legible mark. 10. Complete a field record for each sample to record the foil details on sampling and other pertinent remarks, such as fiaocling, rain, or exhume temperature, that are relevant to interpretation of the results. This record also provides a backup record of sample identification. 11. Place the samples in a suitable container and transport them to the laboratory as soon as possible. Adhering to sample preservation and holding time limits is aim' to the production of valid data. Bacteriological samples should be iced or refrigerated at 1 to 4 °C during transit to the laboratory. Use insulated cow such as plastic or styrofoam coolers, if possible, to ensure proper ice of storage temperature. Take care to ensure that sample bottles are not totally immeshed in water during transit or storage. Examine samples as soon as possible after collection. 1)o not hold samples longer than 6 hours between collection and initiation of analysis (EPA, 2000). Do not analyze samples that exceed holding time limits. 12. Collect water sauaples for analyses of other parameters in separate appropriate containers at the same time and perform analyses as specified in the particular methods'. , 13. After collecting samples from a station, wash hands and arms with alcohol wipes, a diaunfectant lotion, or soap and water, and dry to reduce exposure to potentially haul bacteria or other microorganisms. Each sample bottle shall be labeled with the following urination: • Dale and lime of sample collection • Sampler's name • Sample letters and Mier number es identified In Appendix C of the QAPP (identify the first sample with the letter "A" after the station number, the second sample with the letter "B" and so forth) DeUISCILIM Upon completion of sample collection, the samples must be delivered to the designated laboratory for testing within 6 (sloe) hours. During transport to the Laboratory, all samples miist remain in a cooler packed in ice. If necessary, addiltonsai ice packs may be added during the course of the sampling day. Excessive and or sediment will clog the Ekstion press and prevent bacteria colonies from .growing. It.wtil be up to the sampler to determine whet is considered excessive based on his or her own experience. e. a 4. figembulThamulkgin. A FOF must be completed for each station. Multiple atations may be included en a single FOF if all the data is tho same. A copy of.a completed FOF must be provided .to the designated laboratory (if Mare* than the Local Contractor). The Local ' Contractor shall retain all POlk. Data from the FOR must be submitted electronically. Once a month, in a spreadsheet format wiled by the Bea& Watch Coordinator. Other indicators to be noted on the FOF shall include: • Dead fish, birds, or other animals on beach • Submerged debris in water (old bulkheads, barges, posts do.) • Submerged debris on heal* (old bulkheads, slabs, oto.) • Glass and other debris • Tar balls • Longshore cUrrent (speed and direction) V. PUBLIC NOTICE/ISSUING ADVISORIES DI:d0illiLD2411781111. One sample will be collected at each station and will be used to deterthise when an advisory shall be recommee.dect Where two samples are collected at a station as required in the QAPP for QA/QC purposes, the average of Ike two samples shall be used. EzalmaggaaiggAlinia. If the sample or average of the two samples exceeds tho Single Sample Maximum Density value of 104 efir/100m1, an advisory shall be recommended to the local goverrmient contact(s). Sampling shall continue daily until the values are back below the standard. ThIs includes weekends mad summer holidays. Eapjb&m, hiblig,Adyign Upon receipt of an Advisory Recommendation by the OLO, the local government vym be responsible for Meaning a public advisedly and posting of the advisor/ signs. The Local Contractor may post the advisories signs as authorized by the local government, VL DELIVERABLES The Local Contractor Through the Beach Watch Progzam's data entry webaite must submit sampling results. Data must be catered into tbe weblike within two hours of receiving the results. Only extenuating circumstances such as power outage or Internet connectivity problems will preclude this requirement If extenuating circumstances occur that preclude Wail* the data within two hours, the Local Contractor shall notify the Beach Watch Coonihrator by any mums possible. TEXAS BEACH WATCH PRO GENoRAL k) .tirMRSON# COMIISSIONIM 1700 CONORESS A Afinviittusier QU YYRANCIK PROJECT PLAN Prepixed far: WWI State* EnitirObitteirialProtatifolk Aga flaUa TOtas. iteffist* lloienifie0010 IffecitireDatel Irtmaey 11/011 ° a y Table of Contents MANAGE/4E1MS STATEMENT OAPPROVAL usr OF . . A. PROJECT 1. P11.0.11SCIVTASK 7 2. PRon.r....Em llllll Oa 1 mi 1.•••••■1.4.111.111-11.4.• 1.11..1.11.1.41.1111.1••■••••••. 7 3. PRojEcriTAsK ..... ionve lawym MM.. N. ..... MINI. 7 4. QuAurt OBJEGMES MW I. 'SW...1MM .....11.1114401,......1.W. 8 5, SPECI.AI, . 1• .1.. 9 6. DOCUMENTS AND mum ilap1111-11 mann ..... 1•1.144.1091.-1.• 49•11111.1.1 'mow" 9 E. 1. SAMFUNG PRO= DEEGN. .. .. ..... ..... • we • Imaammmlum 10 SCIMPiNg Depth Des4;in 2. SAMPLINGURTFIODS•ninenilmprnmstmea mon ..... 12 Procedure s Pr Local Contrerctors.,..........,.................—MIPAW.rnplayAlliammily.11M.1.1.1.1.111.7•110111111.112 Lebertng the SarntlieStomukamayoreaw401141.0..us.am.paelimuuwasrm.rmarna....4.4.mnate.......0114uww.-ndrar4Z43 3. SAMPLEKLNDLING AIM CUSTODY .... .. 4 .. ...... 1.11.7*011111...111411,1011.{.,..14 4. ANALYTICAL METHODS REQUIREMENTS ...... I iv I 1.11M11......,1-111... 14 5, QUALITY CONTROL REQUIREMENT$4<iiiki-6.4:0i.i.404j1,440060;0140,4i0.4Pqm4.00,4100if..".."6-.44.06#4.."5,14 Specifying Measurement Performance Crkerift..,„..,..444444.iii.q!444:ii!.i411.4.1',i4:404.4ii-4■14 1$1,714.0.Eft TEstifG; nsnenoN; MINIUM/4A CALD3RATIONANDFRIIQUENCIL........i.L.1....,..:.......-,16 7. INSPEcrioN/AcCEPTANCE OF 8, DATA &NU Data Validation_ .... Idle.rmanpa um•14.11e1....17 C. L ASS.ESSMENT AND RESPONSEACTIONS,,,,..p...,,,......n.,,T....9.04,00moill4.4404400m4.0.000:044,118 Assessmot Activities and Projec t 2. DOCUMENTATION OF ASSESSURNTS AND RRPORTS TO 101A,014014700,omornow...4914$1,4oe■i0;?4i440,•=941;■944ii18 D. DATA V DAIONANDUSABIL. AND 19 1. DATA REVIEW, VALIDATION, An VERIFICATION REQIIMBION'I'S ... gampitng /9 garage Collection Procedures Sample Analytical Quality 017217'0i is, Data Reduction and 2. VALIDATION AND VERIFICATION ............. I I. 0110 ..... .1•414im•-• mann N. rol.no• um 20 TEVAS EINACRIVATQL QA.ep Isaway20/1 Fago 2 a%a ParcVASµ usenow ir1TA7: ORAVIV P7 s,«MA fiMt+ r. rriie�fr�silayrhwir ;�.q+aai�sruk! +era rK;rwriiwe.+,�sgsew�ri�e!rFe .. - 'pc. ^,. ... +3�►�I�?�+�.iR7;�iiuewr�w�: Awnrxa+ �y.: r..: ..eawegnftl!:+.t+Makf+rwn!!f�i.: �[ ..rww.�!+.�i++.,rws.�,+?wrwww,. ..... Am :WI Ib N;.' �A[iFV�!1�� !Eeirri W�M�A W�WWIWW�MN+ FFk +ikiwMWk p `(,` 10401/ XOCACON MICTOR RMATIONY:,..4..044..k...0**44w0.«... EI «,. .w.E. wr 2.5 LO• W11tR�N.. YEwNw�Naw. iidW�k !TfI.PPwkwi6rMW+:!1w,�14�R__ covis,ON «t..w.:w E.,,Er r igu.Ukki. lErt ors +wRf�IEElE4kE+f�FW�INw.!!Yrrwww e,,; ��l 1�^' H' l.El�lYi= EfwaMkli�N,/k+'Fkw}MI, ". i iX �ot AunoG �" ... .war; • �rueeuk: wkNk+w w *w«.k.EZYr«wwEk .+.w w.,mwrtw pw.w. .i.aewwwg,. MAT CORD r»Mt jp ww w wtrwn r rw+b �w wry wu..+Ew wriE.r .w+dwi Ew. ews ?2y p � i t s itit�'w iw . lrE ,a+nar.�. bur r� R.w.+ +w ;!«4rw+ uwwn' .,., � '..�!+w.+,;•, �{ f ii paq .W.4�': `r yy ::• f�.yyyylwwli.��.rkM�YfwfwNrt kY,+aarwvw lM`«k.� <.wWf4r!�tEkHkRwlE.r�+ W r+e�SW�Y,p�y�'.: • IXD.w M. . •, .. TIRO ,I w��!.ewWWw,re "., , ' prx:w�'. 2i�rr ;,',�Ni+aeW:.4pwRM1 "ww:w.s..w ti�w�%f' • • MANAGEMENT'S STATMENT ON APPROVAL This Quality .Assurance Projeet Plan (QAPP) Is specifically designed for the development and implementation of the T 'fir;iizg Beach Watch Propsits, as reviled by the Beaches Environmental Assessment end Coastal Health At of 2000. The QAPP specifies the ovgall project design and Quality Assurance (QA) objectives ill BlIfficient detail to ensure program goals are accomplished in a tbnely, efficient, and cost-affective manner. The Implementation of this QAPP will also ensure the environmental data collected Is the appropriate ype and quality for its intended use. By our-signatures below, we hereby approve ES Quality Assurance Project Phm: Craig Texas each Watch Program Texas Chterai Offic Vacant, Quality Assurance Officeo Texas Gemmel Lend Office Date ecti T MC 0,01 I 1 W O .430.!. 1/11,07.5 ir paw Adair. aA,4 sie; 1100.1 Texas Oannral Land Office Teresita Mendiols, Project °facer, U.S. Environmental Protection Agency izJzqio Dee Assistszee Programs US. Eaviromatal Pmeotion Amoy Curry 3"cnes TEXAS MACHWATORQAPP hoary 2011 ptgo 4 Craig Davis, Coordinator, Texas Bath Watch Program, GLO Vaotatt Quality .Assarence Officer, GLO Sheri Land, Director, Grant Programs and Support, GLO Helen Young, Deputy Commissioner, Coastal Resources Division, GM Teresita Mendloia, lEiPA Project Officer, Project Manager, EPA Region VI Mike Schwab, BEACH Program coordinator, EPA Region VI Local Contractors Local Ooveamnent Representatives . Lier orAcRoNnts Cooxiiinator COC D(g. EPA. GU, QAMC Q0 QMPQAP QAPP SSW SOP TCEQ Beach c indicatols *or Geometric Mean Quality Assurance/Quality Control Quality Assurance Officer • Quality Assurance Program Quality Ammo Project Plan Quality Managethent Plan Single Sample Maximum Density Standard Operating Procedute Texas Commission on Environmental Quality BRACHWATC144),APP Itilagq2011 11/4106 A. PROJECT MANAGEMENT : • : • • • 1. Project/Task Organization, . . „ „ • • r . • . • - : • , . • , The Texas General Land Office' (GLO) will contract with loetil goVemmenis; nniversities, and commercial laboratories Neal contractors) to collect and analyze water samples. The results of these water samples will be reported to the GLO and the GLO will notify the local government contacts, identified in the contracts, of the results. • The Texas Beech Watch Coordinator (Coordinator) will coordinate contracta between tlieGLO and local contractors, consolidate data submitted, provide program oversight, maintain the Quality. Assurance Project Plan (QAPP). The Texas General Land Office will maintain the Quality Management Platt (QIVJP) and ensure Quality Assurance/Quality Controls (QA/QC) are n plane. An organizational chart ofreaponsible parties is included in Appendix A. 2. Problem Definition/Background Growing concerns about the health risks posed by polhited bathing beaches, increasd beach closures, and scientific, evidence indicating an increase in infections diseases caused by microbial organisms in recreational waters prompted the EPA to create the National Beaches Emir' °mental Assesstnent, Closure, and Health (BEACH) Program. , The goals of the BEACH Program are to protect public health at the nation's beaches and to ensure the public) is notified when the risk for potential illness and disease is present. Subsequently, on October 10, 2000, the Beaches EnvirOmnental Assessment and Coastal Health Act (BEACH Act), was passed to reduce the risk of disease to users .of the nation's recreational waters. The BEACH Act authorizes EPA to award grants to eligible coastal and Great Lake states and trib0 for the development and implementatioreof progrants to monitor coastal recreational waters for disease-causbog mior oorgatisms, and to notify the public when monitoring indicates a public, health hazard exists. EPA allocated funds in fiscal year 2001 and annually thereafter to help states develop their monitoring programs. To be eligible for implementation gratis, states must establish and operate monitoring and notification programs consistent with performance criteria- provided in the National Beach Guidance and Required Performance Criteria for Grants document gum 2002s EPA-82343-02-004). Between 1999 and 2003, prior to the passage of -the BEACH Aot and the development of the National Beach Guidance and RequiredPerformance Criteria far Grants, the GI,0 seemed and allocated Texas Coastal Management Program (CIVR) funds for water quality monitoring at thirteen of the most heavily used bombes in six counties along the Texas coast. 3. Project/Task Description This project involves the collection and testing of water quality samples for the presence of Enterocaccue bacteria. Local contractors will collect water quality samples using standard collection methods described under Section B. 2. of this QAPP. Local laboratories will analyze the samples and enter results in the Texas Beach Watch Program database, The GLO database • • • TEXAS MACE WATCH QAPP hataly 2011 Page 7 will be used to compare sample result to EPA's recommended °Mark IfsamPle results exceed EPA's recommended criteria, the GLO will notify local government rquesentatives immediately. Local government representatives may then. require signs, warning of elevated bacteria levels, be posted at the affected beaches. In addition, bacteria levels for each sample are posted in real tithe on the Teams Bea& Watch Program's publio Internet site at www.TexasBeachWitckoom. la September 2003, pilot implementation of the expanded monitoring program commenced in the six comities previouely participating in the CMP fimded Texas Beach Watch Program (Jefferson, Galveston, Brazoria, Matagorda, NtleCeS end Cameron) and conthmed through the summer of 2004. In July 2004, nine fidditional stations were established. in Galveston (1), Brazoria (2), Nueces (2), and Cameron (4) counties, and four new atations were established when Aransas County began participating in the program. In 2005 sampling was being conducted. at 161 stations on beach fragments in Jefferson, Galveston, Brazaria, Matagorda, Aransas, Nueces, and Cameron counties. In 2006, the Texas Beach Wet& Program added six new stations In three countiet„four stations in Kleberg County, one station In an Patricia County, and one station in Nueoes County. Beginning in 2011, the GLO anticipates adding two twang locations at Sylvan Bowie bested in the City of La Porte, Harris County. The identification of the counties and all the monitoring stations (169) are included in Appendix C. In 2008, the Texas Commission on Environmental Quality (I'CRQ) listed Ropes Park and Cole Park beaches in Naeces County as impaired. These. beaches are included in TCEQ's 303(d) list and were subjected to additional testing during 2010. The Coastal Bend Bays and Estuaries Program and the GLO's Coastal Management Program simultaneously funded a study conducted by Texas A&M University Corpus Christi titled 93etectIon of Hunan Pecal Contain/nation in Corpus Christi Bay with Bacteria Monitoring and Source Tracidng in Corpus Christi Bay at Cole and Ropes Parke". Appendix C Unite Local Contractor Information contains' sped& information for each local contractor including sampling locations and the frequency of sampling. As mew local =tractors are added to the progara, Appendix C is updated prior to the new local contractor beginning sampling. Appendix C is updated when sampling stations are added or deleted. A copy of this QAPP Is included in all contracts between the GLO and a looal contaetor. • 4. Quality Objectives and Criteria The goal Of this project is to provide the public with information about water qualitY' at recreational beacbes. Development and implementation of a water quality monitoring and notification program will meet this goal. Water quality samples will be collected and tested fir Enterocoeous bacteria and compared to EPA's recommended Single Sample Maximum Density (SSMD) criteria of 104 colony forming units (ofu)/100 ml. Upon receipt of reliable data, advisories will be recommended when sample results for Ertsrocoecur exceed EPA's recommended criteria. Data is of acceptable quality when it meets the requirements established it the QAPP under Section B5..8 and conducted in accordance with the sampling and analytical methods identified in section B, .1-4. TEXAS MACE! WATCH QAPP /massy 2011 Page 8 5 Special Training/Certification No special training or certification is required for fihis projeet; however, all samples will be colleted under the sarpervision of licensed sanitarian& or qualified environmental scientists, employed by or under contract i/ith. the Texas Beach Watch Program, who have been trained to collect samples In accordance with the QAPP and the laboratories SOP, AU laboratory analyses will be =ducted at contracted Texas Beach Watch Program laboratories under the direction of the Project Manager identified inAppendix C. , Data entry staff will receive training on the proper procedures to enter smd validate' data' by the Project Manager or their designee. This QAPP is intended to apply to multiple labs using „Mli1i4310 BPA appioved. techniques Method 1600 and MEM( Enterolert) on a regular basis and thQrt3fore manufacturer QA/QC requirements for equipment and Is more general in nature oonsistent with the B134. Befit 'Cnernents for Quality Assurance Project Plans (EPA QA/R-5) docunumt, 2.4.1 and 2.4.2. 6. Documents and Recorde The contract laboratories will be respOnsible fir mitintalriing all records related to the Collection and analysis of data. These records include Field Observation Pedro (Appendix B), chain of custody forms, sample analysis forms, individual laboratory QA/QC records, and any other documentation generate& Hard copies and elector& files containing field and laboratory data will be stored for three years. The GLO will not require the submission of hard copies, unless specifically requested. The OW is responsible for rtelutriiriing die Texas Beach Watch Program databitie inciensuring sample data is maintained in an electronic format. In addition, the OLO is responsible for submitting annual data results BPA on or before Tammy 31' ;. • TEXAS BEAC:FI WATCH QAPP January 2011 Pep 9 E. MEASUIIMENIIDATA ACQUISITION 1. Sampling Process Design Pursuant to the BEACH Ask Tec determined the tombs of : secondary contact recreation gulf and bay beaches aimg: ' the, � g Beaches in each ea��eas�a secondary .�' . oa based on frequency and density of use With the exception of Cameron, Galveston, Harris, Nun, Take r& and San Patrick counties, most of the primary contact recreation beaches are located along the Gulf of Maxim where tyre are no direct discharges lions land (point maces or stormwater autfblis). All beadte0 along the Gulf 004-000 are 4triked 4tabith-Priork fe 1) and sampling of coa.stal spas. lost henvid t beaches are located In was: � bo; � g �' Galveston, Nueces, and Cameron counties. These counties contain the most sampling stations and receive the majority of the funds available. Data front suele its are`used toreeommend swimming advisories; *metre, the callectlon and-anclysle of wetekoomplo are clessitzed as dal measurements. Crftacal measurements are those requited to achieve project objectives or IWO,on decision errors. The project objective seeks to prevlde the public with th .,inittmation Shourdie water quality at beaches used for contaot notation, one sample will . be coif at each sampling station. The sample result is compared to EPA's recommended criteria. The criteria or "action levels" is EPA's recommended 104 ofufi OO m1 for the SSMD. If the SSM.D is exceeded, an advisory will be recommended by the GLO and a sample will bo collected daily until the sample result is below the recommended criteria_ OPs for fief :e art n seque steps: The SOP also includes inf i • i 1 u i_ to , -.. 3A: ► ., 't,. alt. . ae �and�Qc.: 10 ;, : tt Te' OPI Part 4000 (1Vliorobial Examination) of Staaidarrd Method$ for the lcanarnation of Water and Wastewater (APHA, AWWA, WBF, 211icBditlon, 2005). The proper collection, preservatiownad stbrage of beaoh.*ater samples ateneeessatrtOleduce analytical errors. Bac c1 samples -wit be reflected iii pelypropylenc bottles Midi - a- volume of at' least 125 milliliters (m1), but no more x;1000 nit to allow hie adequate sonnple rchdng. To .avoid oontaminatim l ogin ±tales must retain sew unto prior-to sample oollectinn, laid 'samples wkil he collected between tale and now. Ifres l l A'e . ;ded criteria era contr ac celiect o t =cod ithin two hours. If results are received late in !the; day ,ibeadOitionat p mayy '' the following morning. Sanotisivnewth. EPA's Environinenral Monioringi Pubik 4141e0 an4 Cow 'rte eaahes-,Peo set PA 600l1(04/023) o bbo etc . wa t-d (- 3 t): �c, 0.3 ,ni (Nt2 inched) the sure, H e . a to ��ns at the 2004 �Nati Bea Co EPA's recommended.samp414 dept may $0110-00q194169 aoitiOttd, in the awash zone. The awash zone is defined as water f* -or lees *id 1a the area rot near Isuden QAPP • Jimmy soil PiP 10 water where children, an at risk population, spend most of their time. In Texas waters, the awash zone usually contains large amounts of gaud and sediment due to wave action. Therefore, the Texas Beach Watch Program will sample at approximately two feet or knee depth. The two-foot ,. sampling depth will apply.tulless: ■ The majority of recreational activity occurs at a depth signig8.eantly difi'ereut that two. feet. If this occurs, samples,may be collected at the location of greatest swimmer activity; or ■ The two -foot sampling depth occurs more than 50 meters from shore. If the two -foot sampling depth occurs more than 50 meters from the shore„ samples may be collected • at 50 meters from shoro or at the location of greatest swbwner activity. The distance shall be measured from the approximate water line at the time of sampling. The numbers of microorganisms in marine water samples are susceptible to raped change due to growth or death after collection. Therefore, to minimize change, samples will be held for the shortest time possible. Standard protocol dictates holding times will be no longer than sine hours. Steps fo the preservation and transit of collected water samples will be followed precisely or the sample will not be analyzed and another sample will be collected. Bacteriological samples will be stored in insulated containers and maintained at a temperature of <10 demos Celsius as described in section 8.1.2 of Method 1600 which, states in part that "ice or refrigerate water samples at a temperature of <10 degrees Celsius during transit to the laboratory." . Awn Assumption, When more Than one sampling station exists on a beach, the sampling stations will be spaced approximately 500 meters apart (500 meters. = 1640419947507 feet). However, due to the variability of Gulf beach public access points, the 500 -meter spacing may not be practicable. The majority of recreational beach users congregate around public access points; thereibre, samples will be collected near access po 'tutu. Sample locations and the priority of sampling' are inaiiuled as part of the. individual appendices for each local contractor. As counties are added to the Texas Beach 'Watch Program, appendices will be added to document sampling locations, contact information, and any other information specific to each county. Samples will be collected weekly during the beach season (cuareetly May- September) and biweekly during the o Beason (October - April). Circumstances may dictate modifications to sampling time and frequency for certain. beaches. For example, during March sampling will be conducted weepy on all Gulf beaches to account for the increase in the number of tours visiting during spring break. Tuesday is the preferred sample collection day. Monday and Wednesday are alt ate sample collection days. This sehedule allows time for re- sampling to recur, before the next regular sampling period, when elevated bacteria levels are detected. Depending an the number of beaches and stations, local contractors may sequ a several days to collect samples. rams x+al w a hoary IOU Page 1 l The local contractor's field personnel document rainfall and tidal information to explain sample collection difficulties (for example: the manta was too strong to eater the water safely). If,a sample cannot be collected according to the samplinn schedule, field personnel will collect the samples as soon as possible to ensure re-sampling oat be concluded, if necessary, prior b the next sampling period. If sampling cannot be conducted during the required tine frame, the local contractor must contact the Coordinator during that sampling period. Samples must be processed as sown as possible after colleetion so The holding time limit does not exceed six hours between collection and initiation of sample analyses. Tice Texas Beach Watch Program contracted laboratories will bo recluired to analyze samples weekly and notify the Coordinator by entering sample results into 'the Texas Beach Watch Program's database within two hours. The database generates detailed email notifications to all interested parties designated by the Coordinator. 2. Sampling Methods naralgUALkaida-litagri.— The following procedures' for 'ssmpling are based upon-Appendik 1 of the National Boaeh • Guidance and Performance Criteria for Recreational Waters (BPA-1123-B-02-004) June 2002. 4. • Identify the sampling site on a chain of custody tag, if required, or an the bottle label and on a field log sheet • Remove the bottle covering and closure just before obtaining each sample and protect them from contamination. Be careful not to touch the inside of the bottle itself or the inside oldie COW. • The first sample to be prepared is the trip blank (at long one per sampling day for routine sampling is recommended). Open one of the sampling bottles and fill it with 100 mi of sterile buffered dilution solution when collecting freshwater, estuarine, or marine water sample% Cap tbe bottle and place it in a cooler. The trip blank will he used to vary samples have been maintnined at the correct-temperature for transportation • To collect the water samples, carefully move to the fast sampling. location If wading In the water, try to avoid leicldng up bottom material at the sampllng station. The sampler should be positioned downstremn of any water current to take the sample from the incoming flow. Samples shall be colleoted in apperndmately two feet ofwater. la Open a sampling bottle, grasp it at the base with one hand, and plunge the botde mouth downward into the water to avoid introducing surface scum. Position the mouth of the bottle into the current away from the hand ate sampler. The saritpling depth should be 15 to 30 centimeters (6 to 12 inches) below the water surface, depending on the depth from width the sample must be taken. If the water body Is static, an artificial current can be created by moving the bottle horizontally with the direction of the bottle pointed away from the sampler. Tip the bottle slightly upward to allow air to exit and the bottle to fill. is Remove doe bottle from the water body. TEXA13 BEACH WATCH: QAPP l'itmgay 2011 Pap 12 ■ Pots' out ac sruall pottiou Otto staolo to allow at asp w *424 ceutitrotets (1 to 2 inches) above a b seelplo fir met recteleg of the aai p1 , _ :anal (N TE If the bottle cotta% �1ss, con ` r or vc. t /stud'r 'battle must be used. Do not deb_ the water sample and refill the bottle.] a Tightly close the stopper and Zabel the bottle. ariootito dew to #his same on a permanent label. Take care in transcribing ,samplinginfornietion to the labet: ,Thu Should be clean, waterproof; ma-sneering, and large mush fir Libel necessary The Label must be seemly snatched to The sample bottle but removable when necessary. Preprinting standard information on the label can save time in the field. The marking pen or other device mast be non - smearing and maintain. a permanent legible mark. • • Complete a field observation form for each beach to record the full details on sampling and other pertinent remarks, such as flooding, rain, or extreme temperature, that are relevant to interpretation of the results. This record also provides a backup record of sample identification . R Place the samples in a suitable container and transport them to the laboratdry as soon as possible: Adhering to sample preservation and holding time limits is cdtIeal to the production of valid data. Bacteriological samples shard be iced or refrigerated at <10 C dining transit to la�tvey. Use m fated. _ O or Styrofoam coolers, if Possible, , to more Doper taaintonanoo of rage traptiatft. 'Tice ogre to ensure sample bottles are net totally immersed in water during transit or storage. Process • samples as soon as possible after collection. Do not hold samples longer than six hours bettween'oollection and initiation of analysis (US Environmental Protection Agency, 2000). Do not analyze samples that exceed holding time limits. } ■ Colleot water samples for analyses of other parameters in separate appropriate comers at the same time and perform analyses as°specified in the particular methods. • .A.l rt` oolleding samples faun a station, wash hands and arras with aleohvl• wipes, a disinfected Won, or snap and water, and dry to reduce exposure to potentially harmful bade&or ether micro . LabeTivi the & moles Bach sample bole shall be labeled with the following information; ■ Data and time of sample collection ▪ Sampler's name • • ■ Sample letters and station mother (If more that 0110 sainplb is collatted at a. Stattot ideatj the first sample with the letter "A" after the ;don ramboolio setoudlatuplo whiz the letter "Jr and so orthh). 1 excessive sand or s®dlmsat will clog the atIT tion process and prevent:bastaia oaionias from rt,wia be ass to the sll ,let to dome What is considsred awaservn bs sad on /do erter oval workroom TEXAS 11333ACHWATCQAPF 7emmty 2011 Pepe 13 Samples must be prooessed as soon as possible after collection so the holding time Breit does not exceed 91K lA(Tont batwon' olfaction and itittlittift of sample anaiysea. Samples wilt only be acliveoul to Tow Beach Wittcithogtant ontrotoil laboratories., • 3. Sample Handling and Custody Requirements Chain of Custody (COC) gocadoresvill be followed whcxiever tore, CC EMBIACCI• Tha lot* emirates stalrwabllow directly to a Texas Beach Watch Program cordractod- Iaboratoryforanaty s When samples are delivered to the laboratory, the local ecintractor and laboratory staff will complete any COC records required by the laboratory. • „' 4. Analytical Methods Requireme-nts • Local contractors will analyze the samples for Enteroodeci bacteria using EPA' s Method IMO: EnteroCaci in Water by Membrane Elltr4on Using Mencthiananterococcus ladoxyl-13-D- Cilucoside Agar (mBI) or the'MAXIC EnlepletiTht Osten', The speogto method for each local contractor is addressed 3m this iniihrldnat Oppentlioes. " S, Quality Control Requtrements Local contra° no Morita ,obasted 150.4.6. *nee quality. It is the responaibility oUthe local contractor's Project Manager to ensaro:fickl staff arc proPerly trained and routinely monitored for compliance -with estabfkbod gob:04k The project imager will also be respensible for periodically verifying the completeness of field sampling records prior i° data enfrY. The field technician will be responsible- fo sample handling and custody requirements for each sample collected and transferred to the laboratory, The Texas Beach Watch Program database was developed to meet repirements of the BEACH Act. The database and Web-based data entry form WC= designed 61 44401100 thopossibiltti oI data entry errors. The Coordinator will periodically review and ovolnota molts woad Into to database. The Texas Beach Watch Program will conduct an annual in-depth review Of a local contra °tor's records and field sampling techniques to evaluate training methods and doeumentation procedures. The review will include ail assessment of the local contractor's adherence to tho criteria contained in the QAPP. Additional informal reviews of each laboratory may he conducted during the year. EvectivisgmeaRremeniSforneeee criteria Perfotmance criteria or Data Quality Didion:ors PQM) are qualitative and quantitative dogtrots used to lutozpve tha kg= of acceptability, or utility of the data. The principaINIs include invasion, biao, represotativaness, comparability, and completeness. Precision and bias =CAB DWI:MAWR OPP Innou 2011 Page 14 are quantitative measures. Representativeness and comparability are qualitative measures, and completeness constitutes both a quantitative and qualitative measure. Ropitseda . p and comparability are of particular warm to field sampling l reel „tat s ' degree to which data accurately and precisely xoPresents the charaoteristlos of a pepulation. One method for ring re ens luclxirdes the evaluai on of the sampling der satlxpled , t ica1 ve of each area of concern. ate T .B h Watch Pro r u caaistai waters near beaches used for public recreation. Completeness is a measure of the amount of valid data obtained from a measurement system. Completeness is expressed as a percent of the mnnber of valid measurements that gild by° been collected (Le., measurements planed for collection) Eve effort is tee, to odd and/or data loss through accidents. Fermat completeness ( %C) for measurerierat,parameters is defined as follows: %C =v/TX 100 Where, v = the number Of moments judged valid and T •- thatofal muter of measurements. To recommend an advisory, the Texas Beach Watch Program regrres one sample be collected at a. given site. The result is compared to the standard criteria to determine KM' advisory is warranted. The sample collected at the site must be deemed valid prior to an advisory being recommended. The completeness goal for valid decisions at each site is 100 %.. The Texas Beach WatchFrog, database includes measures to prevent the omission of data necessary to ensure the complete measure. Comparability is the qualitative temp thattexpresses the confidence tem data sets contribute to-: a common analysis and interpolation. Comparability must be evaluated carefully to establislywhether y two data sets oan be considered equivalent with regard to the went ofa speoHc ;variable or.,,, groups of variables. In laboratory analyses, the a comparability focuses on method type comparison, holding times, stability issues, � act of overall analytical ventilation. Sampling based on similar geographic and seasonal charaeteristics; ; adequate try of field sampling and laboratory personnel; and the use of standards saenpliog and awls methods ensure comparability. Precision is the measure of agreement among replicate measurements of the same property, ender prescribed sruitter Conditions. Local contractors will estimate field precision through the sequential collection and measurement of two samples, 10% of the time. For every 10 stations sampled, a second sample will be collected for comparison to the first sample.. The two samples will be used to calculam the relative percent difference desadbed below. The second sample vrill be entered iluto the database and used to calculate the station average. held personnel will assess precision on a regular basis to determine sampling performance. The precision of laboratory a ysos OSthatqed braeloy44 two or more aliquots (duplicates) of the same water sample Thenrecision sardysis,procedures used by a laboratory are included .18rAS MACH Waal QAP? y0311 Page 15 in each Iooal contractor's QA/QC plan. QA/QC is assessed ht the laboratory on a regular basis and the laboratory shall maintain records of the assessment. The precision 1.91 is obirimed .£rem two duplicate samples by calculating the relative percent difference (RPD) as follows: RPD = ((jCI- C21)/((C1- +C2)t2)) * 100, Cl is the first of the two values and C2 is the second value, An RFD (if kw that or equarto 6O percent between field duplicates microbiological analyses could be considered acceptable . because of the heterogeneity of bacteria populations in surfaces waters. When laboratory duplicates are analyzed, precision of the test will be expressed in terms of standard deviation and the ability to detect the target organism. Analysts should duplicate bacterial colony counts ors the same memlbzaae with ha five pexeent, and other analysts' counts withht ten perch; otherwise, procedures should be reviewed and corrective action implemented. Bias - is the systematic or persistent distortion ofa meaauremaentproeess that causes errors in one direction (USEPA 20024). Bias assessments for environmental measurements are typically, based on analysis of spied samples, which is not feasible for microbiological. samples. It is assumed bias will be mtnimiTed in this study by close adherence to SOPs and QA plans. Accuracy' - is the degree of.agreem.ent between an observed value and an accepted reference or true value. Accuracy is a combination of random error (precision) and systematic error (bias), both of which are due to sampling and analytical operations (USSPA 2002a). Accuracy is estimated by comparing the measured value to its "true" value. Because microbiological analysis measures constantly cl anginng living populations, the true values cannot be !mown. ,Accordingly, accuracy, like bias, is diffiilt to assess far microbiological -analyses. However, because indicator organism density estimates are assumed to have minimum bias; accuracy equates to precision, which will be rigorously assessed 6. I sixwnent Testing, Impaction, Maintenance, Calibration and Frequency Testing inspection, maintenance, and 'calibration of laboratory equipment will be 'conducted according to laboratory QA/QC manuals, and as specified by the equipment manufacturer. Local contractors employing the JDB X Eateroiert system for enumerating Enterecoeces.may require special equipment including the IDE= Qnanti say® Sealer with insert along with the required supplies. 7, Inspection / Acceptance =of Snpplges&Consnmables Project Managers will be responsible for ensuring all supplies and roubles are appropriate cad acceptable, The Texas Beach Watch Program requires all samples to be collected hl sterilized polypropylene bottles with a volume of at least 125 milliliters (nil), but no more than, I AB BEAM WA1CSQAPP ranuaa7202n. Ptsge16 1000 ml. In. addition, laboratories will not accept collodion containers if the individual containers or tlae delivery txmlainer ere not properly closed or sealed, Laboratories that re-use :sample bottles should make sure the deosortatamation procedures are readily available at the lab and consistent with the practices idoniftletl in EPA Method 1600. Appendix A; thoroughly clean with detergent and hot water, hot•water rinse conducted to remove all trace amounts of detergent; and triple rinse with laboratory pure water. S. Data Management ParaRecording Water quality results are entered into the Texas Beach Watch Program database via tiui Web. The Texas Beach Watch Program will assess the data for completeness and errors on a perlodio basis. Tine project manager will be notified of discrepancies by email or fax as soon as practicable. The nature of the data and the subsequent analyses must be consistent to allow data . sets to be'c ompared.. Datrderalidation Data will be validated and verified based on the fbliowing factors: ■ Completeness of data; a Adherence to proper sample preservation; transport, and handling protocols; • Proper sample collection prooedures; - fr - R Proper quality control criteria; a Doctunentation of ail data ('including QC data); r Ability to reconstruct field sampling procedures through documentation and records; w Ability to trace data to specific sampling sites, dates, and times; and " Appropriateness of the data based on specific data-quality objectives / indtoators, Laboratory verification procedures will be outlined for eaclx laboratory b their QA/QC manual, guidance or procedural documentation. Validation corns that requirementn for specffrc intended uses have been fulfilled and that data is systematically examined to determine technical usability with respect to planned objectives. Project Managers or their designee are responsible for reviewing field - sampling reports before data is entered in the system. C. ASSESSMIENT/OVERSEGHT 1. Assessment and Response Actions Asfessinaviztavitiee end Freed Fix:Wm • The Coordinator la responsible for the preliminary assessment and oversight of the program, including contract management procedures for the allocation of BEACH Act funds to local contractors. Additionally, the Coordinator will periodically IeVieW data submitted to the Texas each Watch Program database to identify possible trends and to CM= QAPP requirements are met. QA assessment results will be reported to EPA on an annual basis as required by the cooperative agreement between EPA and the MO. In addition, QA assessments may be summarized es required in each semiannual report to EPA.. , GT.,0 will perform an annual review of a local contractor's laboratory to ensure their protocols_ are consistent with the QAPP. lithe review finds a local contractor not adhering to the QAPP, the localtontractor will be required to take corrective Mien to address the deffeleney. Pam) to do so will result in possible financial penalties (withholding of payment until corrected) or termination of contract. 2. • Documentation of Assessments and Reports to Management Data Vat, will be assessed as part of the Finning TOVIOW to ensure adherence to the QAPP. The Contractor and Data Review template (Appendix 13) will be completed by the Quality Assurance Officer or Coot 'dinator to document the results of the review and any corrective action taken in the local contractoes data Me. This information will be included in semiannual reports to EPA. Supplemental reports will be submitted as warranted. 713XAS 13:13ACITWASZEQAPP homy 2,011 Page13 - • • . .. • . . . • D. DATA VALIDATION AND mammy 1. Data Review, Valid !Minn, and Verification Requirements Pinging Destrii Changes to sampling location and/or fl‘eney of sampling Will occur on *a .34:18113 baili at is needed and will be documented In Appendix C. In addition, as new local contractors are added to the Texas Beach Watch Program, Appendix C will be updated to ineludenew site locations, in order of importance, frequency of sa.mpling, number of stations per beach, site maps of all beaches and stations, contact information and other relevant information. giagakragYst—ttEggent Samples must be eollocted according to the protocol dearaibed in Section, B of the -QAPP. If sampling protocol Is not followed, the samples will not be analyzed and replacement samples will betoliecnxiaceorcling to protocol. &Niigata-tam Project Managers 'will routinely check storage containers to ensure san3ples are stored and . transported under conditions that will not adversely a.ffeot sample quality. Chain of custody documentation will be conducted according to each local contractor's QA/QC prooedures. If samples are not handled properly, laboratories shall refuse the samples and collection of replacement maples will be required. Adags__&02a2 arm, Texas Beach Watch Program contracted-laborateries 'mad have the capabfilly to finely= samples weekly. Laboratory staff must be qualified to use the required instruments and mus t be fiveiliar with techniques necessary to analyze water quality samples. Laboratory SOPs related to COC, insttumentation, and technique are provided fn. htborstpry QAC maMMli, Laborat personnel will utilize EPA Method 16002 or the =X fertng for the deteotioit F EnterococcL Laboratory sapervisora may moat copies from the EPA's NaUorml Service Center for Environmental Publications (ntgeilwww.epa.govincenihom). The Method 16D0 document is also available at lattp://www.e,pagov6vatersciencemethodsi. Information pertaining to Enterolertm may be found at hup.//www idexx comfwaterfenterolettki • gailkantroi Sampling quality count)/ measures will be applied as dimmed n Section B. 5, while laboratory quality control activides will be ocaducted according to the laboratory's QA/QC manual. 2 MEM. lily 2006 or Soptembor 2002 MOthOd 1680: Entsmcorti Water by Iamb= Eillzdaa Us* membreneadorocaccas Wont. [boa] -D-Glucotilde Agox (trEIVETZ. Eavitonmeabl Pzoteadom Agony. [Moo of Wale:, Weal& gbn, DC EPA-8214,06.009. tDrA9 BEAM WATCH CIAZO Yftwory 2411 1'4019 f». plibrat loot • Instruments will be calibrated according to the hboratory's QA/QC manual and as recommended by the manufitcturer. Data not 'conforming to sarapling protocols or laboratory handling and analysis protocols will not be used. Laboratory analysii3 protocols Wilde the caaration and verification of Instrements to manufacturer ead/or •method epecifications. pataReditatou mut ProciiNitut Loss of detail in data will be avoided by periodically reviewing the data entered and by Ibllowing procedures for data reduction and processing activities described in the laboratory's QA/QC manual, 2. Validation and Verification Methods Validation mad verification activities will be performed during swine! reviews of a local contractor and as described in Section Ba and the laboratory's QA/QC Dismal. Tice local contractor maintains and reviews sampling and analytical data as the data. is generated. The GLO will assess and review the online data submitted on a monthly basis. The assessment activities will include the continual or frequent monitoring of the status of a project and the analysis of records to ensure specified requirements ate being fulfilled. Key project persom3.el (Project Managers) are responsible for surveillance of the program trader their eontrol; however, the Texas Beach Watch Coordinator monitors data entry Through tlie =toes queries that generate Summary Reports in EPA's Monitoring and Notification Databases, These Summary Reports in addition to Summary Reports generated for billing comparisons will be LTSCd for validation and vereation of data enteres• by the Contactors. Any correotive aotion taken to remedy deficiencies will be documented. 3. Reconciliation with User Objective „ • The Texas Beach Watch Prograni is designed to support the intended use of results through the compilation of water quality data. The Texas Beach Watch Program will analyze data for correlation between environmental factors and water quality results to determine the feasibility ofpredictive models. 'factious deficiencies are noted in data quality, the data may be reported to EPA with an appropriate data qualifier or not reported with an explanation. The data qualifier will be identified in the Monitoring Database, Activity table comments field. The appropriate action will be performed in consultation with EPA Region VI personnel. If serious discrepancies are noted, appropriate action may Include the cessation of advisories until the deficiency is resolved. The resolution will consist of written communication to address and identify a solution and ixo.pletuent correction aotion. A follow up lab visit may be conducted. 113KAS RUCK WATCH QAPP Xagav 2011 PO '3 7" COASTAL =SOURCES DIVISION 3eptity Gonnitestorier Heim Young E'• • "7.5Ttg:MXIVR5:E.,g,nr,°,5r7T.,,6i.i. Ermuttva itsilident Mao Mod Sp WO Proliketa Caortlittator WIN Zama Planning, Permitting & Technical Services Ceen. Oboda. 13a acn Dune Alla* rl Ent. Nairn Ariboaar & Teem livdsr. CErly Bain, Popgun Athielyt PrqeotPlanningA Toctroltio—rtioreices eki149*;4404+~arilifiaiIarigoit: surforitookoosst *aims Motidiv• iiiMoliikkothi***004. Hazard Agitation INIMiliekrd, MIA& eat Erritarpegt warraii ecialreest Information Architect LIAM Vfixtocts,Infommiloa Argidtact Grant Prograrns & Support eried Lad, mow 420.—Wnat: MiinagenUnit Pin** " PlistgAPAIPAPtiOtoilkAiii*Iton wow 104iVilititttiA luit****4000001011 CIAP/GOMESA Programs gefw3insel, arwrig Adanktiliaint 1h1 Leader Tan 0Ongai, ChM Sputa I let Beach Watch Program Ent' nolL earil VALO) Pampa Spedallit Support Service's Etlatat MN" MAU& CnunfipectallSt 123DCASBEACEINVAIMIQAPP /woo 2011 hip 23 (May be reformatted by local contractors) Data: Sampler's Name- Beach Name: Dna Samples Collected: Slat, Finish* Time Samples Delivered to Lab: Site Conditions: Calm Slight Breeze Moderate Breeze Windy Wind: Weather: Clear Pertly Cloudy °ye:nest__ Rainy Fog Wind Direction: N10_,114, SELS ,SW ___W NW Air Teaveratarm Water Temperature: Rainfall: Weekly ACOUMUlatiOn In. Last 24 hours: in. Tidal &apt Flooding Biala Slaok Ebbing Low Slack Water Sorban Wm Ripples Chop Water Color: Medium Brown IA Brown . Swells Red-Brown„ OrernArown._____1_. Green • Yellow-Brown Other Smell: Sewage Oily Yishy Ration Bgg None Beach Debris: Dean* Dead Crabs ' Algae None General Comments; TINABIrEACLIWATC11QOP konazy 2011 rase 25 . t 1 I ;. 1 E �}: t.: APPENDIX C - "UNIQUE LOCAL CONTRACTOR INFORMATION ARANSAS COUNTY Corpus Cht*Niaeou Cmuity,Publio Reek Pieria 1702 Home Road Corpus Chdatt, Ten s,78416 LaboraOry Donna Room, WRIT, MT(ASCP) Laboratory Manager CorptisChristi-Nueces County Public Health District 170 Rom Road aqua Christ Texas 7841 &1,, • • Annette Rodriguez., ii6etdr Coq= Christi-Noe:cos County Health District 1702 Horne Itoad Corpus anise, Tains '78416 (36l) 826-7203 annetter@coizx*.eom Laboratory Gabriel Ramirez, M..8. Microbiologist,, Corpus Christi-Nueces County Public Health 1702 Haim - Co ' Christ!, T (361) 826-7217-Fax. (561?826-.7411- DonniEjcetexa.cth both- : z.=.• xacillgovothittett:6ritooli, M. TourStsda4-Dipeator Park Lisure Departuent City of R.0403.: Box 1059 Reolvirt, 'aunt 3.61,729.21$ mtsjagitthlatva.42:411!::: . Jaee itOtittak.oLbLftt,t,,gita:, TOoAProjett-Mlinatt: `1:";"■.. Coastil Rend 13* 1305N. Sbopelixte.,-,S*205 01"10451:050110, TX 78401 ° c` • poly 885-6145 (361)1834.7801 -1*. dicalDireetOf T ° 601 We st,g Harlingen, Texas 78550, Mail Code 1907:. ; ' (956)423-0130. (956) 444.3298.- Pax- rr 563,444 '4. `or ir 14. f Peach Locations Aransas County's most popular beach is the Rockport Beach Park in the City of Rockport.. Rockport beach is the only BLUE VT E BEACH in Texas as certified by the Clean Beaches Council. of Washington, D.C. In addition, the City has a saltwater swimming pool off of the main channel-into Little Bay. Station ocation Latitade. Lo a. i de 001 Roc .1. *It Beach Park West 28 01.43 97 02 32 ARA002 _ ,ARA003 ARAO04 Roe ,•• * Beach P= •. East , 28 0149 97 0215 Rbo.,..rt Saltwater l col 28 01 57 -97 01 56 'ttie Ba ,' : ; .1. 28 01 50 '_97 02.23 0.2 0 0.4 Miles . - APPENDLV C UNIQUE LOCAL CONTRACTOR INFORMATION ° NUECES COUNTY LocalEntitflContractor Corpus Christi-Nov.4$ CowatyPublioHealth District 1702 XOrne.Road Carps Clatisti, Texas 78416 Laboratory Donna Rosson, MPH, MT(ASCP) Laboratory Manager Corpus Christi-Nueces County Public Health District 1702 Home Road Corpus Quist Texas 78416 (36» 826-1323 (361) 826-7217 - Fax DonnaR@cotexas.com Local Government Contacts Ms. Ann.ette R.0(141104 MPh., Director Protect Manager ° Annette Rodriguez, Director... Carpus Christi-Nueces County Public Health 1702 Home Road Corpus Christi, Texas 784.16 (361) 826-7203 anwtter@cotexas.com Laboratory° ... — Gabriel Rarairez, M.S. Nficrobinlogist Corpus Christi-Nueces County Public. Health District 1702 Home Read Corpus Christi, Texas 7841&,. . • . (361) 826-7218 (361) 826-7217 - Fax gabrielr@cotexas.com. Anatysis Modica Enterolerau 136111 Smith, M.D., M.P.H. • ' , Corpus Clxristi-Nueoes County Public Health . Regional Medical Director Dial:dot 1702 Horne Road Corpus Christi, TX 78416 (361) 8517203 annetter@octow.com Tyner Little, Executive 'Assistant Nueces County Com.missioter's Court. Administration 901 Leopard St. Corpus Cluisti, TX 78401-3600 (361) 888-0878 tyner.liitle@co.nueces.tx.us • Texas Department of State Health gervices 601 West Sesame Drive Harlingen, Tx 78550 (956) 4234130 , (956) 444-3298 Fax ° . . • (956) 444-3202 Endnatuithititoz I David Parsces, Planning & Pmjeot Manager City of Port AMMO 710 W. Ave. A Port ArtinSeS, Tx (361) 749-4 (361) 749-4723 Pak davidprasons@citycfportaransas.org pitig4rAltstrg Local Goxcrnm_eiktgen_Wi Michael Morris, Director Peas $c Recreation Department City af Corpus Christi 1201 Leopard St Corpus Christi, TX 78401-2120. (361) 826-3464 • michaelmo@ectexas.com Scott Cross, Director Nue= County Parks & Recreation Department P.O. Box 18608 - Corpus Christi, TX 78480-8608 (361) 949-8121 (361) 749-6117 — Port Aransas Office gmtmaagc_o.nueces.tx.us Damon Reeves, Park Superintendent* Mustang Island State Park P. 0. Box 326 Port Aransas, 78373-0326 (361) 749-5246 damon.reevesAipwel.st4e.tx.us • , Detekl-Ierzog, Beach Superhlten.d ea* City of Corpus Christi 17959 Hwy 361 Corpus Christi, TX 78373 (361) 826-4180 derekh@cetexas.cora Jape Tunnel, Project Manager Coastal Bond Bays and Estuezies Prop= < 1305 N. Shoreline, Suite 205 Corpus Christi, D 78401 (361) 885-6245 (361) 883-7801 -Fax fttinnell@chbep.org Beach Locations litteces County has a very 'extensive be-a& area both along the Gulf of Mexico and within Corpus Christi Bay. Twenty-four stations on the Gulf and twenty-two stations on the Bay will be sampled. talon # 02 °cation ort Artmsas A ert Aransas (PA) =, Ito Dem tien oft Aransas Jetties =es Cou:aty campground p face . ort Aransas PA 004 ..005 006. •007 008 009 ort Aransas . •cat Aransas A •ort Aransas A g Island State ark titan Island State ark tat Ustard Ishmd State .ark 1 0 Of outh side of Horace Caldwell Pier venue G access road Sand-castle Drive =CMS road pprox. 200 feet north of the north oin of Fish Pass pprox. 200 feet south of the in of FM Pass with ' park showers/restrooms DAIS 27 49 59 27 49 53 .27 49 42. 27 49 35 27 49 19 27 48 55 2740 44 27 40 27 27 40 15 Lentr VMS- -97 0 49 -97 02 58 -9703.09 -970317. -97 09 53 -97 10 04 -97 10 15 tatien ite Dose lion '-97 1024 -971114 16 017 18 19 P. Lub Park L▪ u] IPrk 27 37 45 L• uby Park ob Hall Pier/Seawa1I ob Hall Pier/Seawall a Hall Pia/Saawli 27 36 35 .2736 17 -97 12 20 -97 12 30 2 35 09 27 34 58 . = oath sick of lie'. niVerAitY Beach oenis' oh Park 27 42 55 le Park ea Park #3 ole l'ixrk 112 ole Park #3 110 Paek #4 -97 22 34 -9723 04 27 46 19 035 27 49 03 27 49 18 -97 •23 38 -97 23 22 -97 23 11 27 49 52 -9722 47, ark Road 22 27 37 9 27 726. 27 4736 -9717 I. 97 13.30 -97 23 30 -972326 -97 08 59 X s t APPENDIX C - UNIQUE LOCAL • CONTRACTOR INFORMATION SAN PATRICIO COUNTY Lo9a1 EntitvlContractor Corpus Christi-Nueces, County Public Health District 1702 Horne Road Corpus Christi, Texas 78416 kaberatory Donna. ROHM, MPII; MT(ASCP). Laborataay&Managcir Corpus Christi-Nueees C ! Public Health District 1702 Horne Road Corpus Christi, Texas 78416 (361) 826 -1323 (361) 826 -7217 - Fax DonnaR@oeiexas.com " Proiect Manager Annette Rodriguez, Director Corpus Cto ti -Nuys Comity Public Health District 1702 Horne Rmad•.::, Corpus Midi, Texaa 78416 (361) 826.7203 , annett cxatexas,eont:. ; Lahiiatr°v Gabriel u riel Ra irez, M.S. o Cotpuii '1702 Colpus. (361) 826- I 361) 88267217' gable EtitiblarM °notable pi Por io Courly Judge- 400 W Wilton,. 1 10 Sinton, TX 78387 (361) 364-9301 (361)364-6118 -Fax 3 „ . riat Smith, M.D. M.P.H. Region. Medical Director Texas Department of Stab Health: Services • ` 601 'lest Sesame Drive • • . " Harlingen, Texas 78550,. Mall 'Code 1967 (956) 423 -0130 (956) 444 -3298 -Fax (956) -444 -3202 : : Brlari,Smith@dabsokate.tx.us • Jars Tunne7l, Project Manager ... Coastal Bend Bays and Estuaries Program 1305 N. Shoreline, Suite 205 Corpus Christi, TX 78401 (361) 885 -6245 (361) 883 -7801- Fax 'tz}unellfgcbbep.org • • eitek 11.901100 • • • • • • 4. 1 : • d< g ,Td • '5,„ • dd 55, d 5 T 1. 5 :31 , . • t ,!`‘.. • • • °,;!..;:. 9 91.. ' , 9 , • ,•& • 4 • 41 '' T 5 • 74. ;SKI .55 tt, • , • , • ° .z. • , " . `-;„ • • Nueces Bay Causeway - NE - TELICAS BCEWATCHQAP2 78otY2021 P 76 APPENDIX D - PROJECT MANAGER SIGNATURE PAGE By my sigsaatui a below, 1 Vest that x have read and-understand the Query Assuranaa?zoject Plan for ft Texas Beath Watab. Program and i± eces County. 3.- 9 // Date ".4 c „ . APMADIX co1croR AiiD DATA TICf.A.611ACII WATCHQAPP Taukuuy 201,1 Pap /8 COMPACTOR AND DATA REVIEW TEMPLATE The following review was conducted on [insert date] by (insert Immo), Quality Assurance Officer, Texas Bark Watch Program during the nonual stapling concluded by [insert lab tech nameb [insert name of laboratory], at various sampling points in [inset county name] County. Sample processing *as observed at the laboratory. [Insert lab tech name] performed the sample processing. Qlti?•Airni',1)0t11.1110111.111rili samples collected in sterilized polypropylene bottles with a volume of at east 125 ml, but no more than 1000 ml? CO 11 III eV the samples being collected at the prop-lath standing depth? (Knee depth ft), this may change If the majority a emotes/kcal activity occurs in a igttcattly different depth or ifthe to achieve a sampling depth is ater than 50 meters fro.tn the water line.) 7,77 the subrecipient following the step.by- step field-sainpling methods outlined under 2 of the QAP.P? (Prom Appendhc J ofthe Atonal Beach Guidance and Performance la ibr Recreational Water (EPA-823- 02-004) Arne 2,m2....) 7, !, , ,.., - • tP ."1 sample holding tunes (of no longer than hours from collection to &Rimy) being QiirSt iMISIDOtit I NI alio each sample bottle properly labeled with the following information: date and time of collection, Movies name, sample letters gind station nuraber? in sample being collected per station? sample collection occurring between e and noon? field replicates being collected and d by field personnel at the appropriate frequenoy? sample collection fo ow the schedu as outlined in the work plan? The required llection period is on Tuesday with onday and Wednesday as alternate daya (Multiple days may be needed to collect all of the samples), field personnel document rainfall and dal information to explain sample ilection dif&culties? Quesiimi;;iDoen J! Lfl ti i 011 Yes _ Conunen N No the sample results being entered into each Watch Database, through the web, thin two hours of receiving them? oes the subrecipient have a training nal for new hires on procedures, •etc? Has a copy been provide to c Beach Watch Program? Ns triplicate lab samples being conducted the lab to verify preeision? Ts it being uoted for 10% ofth.e samples? =AS BEACH WATCH QAPP Amoy 2011 Page ai Oil ti a al 11 *Upon review ofthe laboratory, the following corrective actions arc recommended: IS.- [Insert Name] Texas Beach Watch Quality Assurance Officer tinged Name] Texas Beach Watch Program Coordinator Date TEXAS 14.13ACECWA,IcaQ.Arp A=91342011 82 SAMPLING SIONDULE September 1, 2011 through August 31, 2012 1/10/2012 1/1712012 Sample Vent Same Week pl 310012 Yes 15 Yea 3/13/2012 Gulf 16 Beaches 3/20/2012 Yes 17 3/2712012 4/3/2012 4/10/2012 4/17/2012 • 4/24/2012 5/1/2012 5/8/2012 Yes Gulf 18 Beaches Yes 19 No . Yes 0 No Yes 21 Yes 23 Ye-s .Yes 24 Yes 25 Yes 26 6/12/2012 Yes 27 6/19/2012 Yes 28 6/26/2012 Yes 29 7/3/2012 Yes 30 7/10/2012 Yes 31 7/17/2012 Yes 32 7/24/2012 Yes 33 7/3112012 Yes 34 8/7/2012 Yes ' 35 8/14/2012 Yes 36 8/21/2012 Yes 37 8/28,2012 Yes 38 Field Observation Form This form may be changed:to suit the needs of the Project Manager as long as all relevant data is collected. Date: Sampler's Name: Beach Name: Station Numbers: Time Samples Collected: Start: Finish; Time Samples Delivered to Lab: Site Conditions Wind: Calm Slight Breeze Moderate Breeze Windy Weather: Clear Partly Cloudy_ Overcast_ Rainy _Drizzle Fog_ Wind Directioti: N NE E SE S SW W N'cir Air Temperature: Water Temperature; Rainfall: Weekly Accwitulation it Last 2Ah.ours: hi. Tidal Stage: Flooding High Slack'. Ebbing Low Slack Water Surface: Calm Ripples ChM-Swells Water Color: Medium Brown. Dk. Brown Red-Brown Green-Brown Green Yellow-Brown Other SMell: Sewage Oily ' Fishy Rotten Egg___None Beach Debris; Dead Fish, Dead Crabs, Algae Other None General Comments: GLOc • r oo. 12495.000-547 ItsmammonetrifoRK 41 ir 1 - 1 Entity Name Department Address City, date Z p Contact Name Phone Fax GLOB Contract # INVOICE FOR BEACH WATCH EXPENDITURES Federal MN Ament B Total Grant Amou t Project Manager Signature • Date NITAOMENT C GLO CorrnuerNo. 12495.000 -5475 GENERAL AFFIRMATIONS Attachmont C 2 Pages • GENERAL AITIRMAXION4 Provider agrees without exe,option to the following affirmations: L Th e Provider has not given, offered to give, nor intends ti give at anytime hereafter any economic opporttmity, future employment, gift, loan, gratuity, special dis,cortnt, ttip, favor, or service to a public servant in connection with this Coaintet 2. Pursuant to Title 10, Section 2155.004 of the Texas- doireenm.ent Code, the Provider has not received compensation from the GLO for preparing any part • of this Contract • . Under Section 231.006, Family Code, the vendor or ,applicant certifies that the individual or business entity named in this contract bid, or application is not ineligible to receive the specifted grant, loan, or payment and acknowledges that this contract may be terminated and payment may be withheld ff this oertification. ..is inaccurate. Any Provider subject to this section must include names and Social Security =hen c4 eaoh, person_ with at least twenty-five percent (25%) ownership,* the brisittesa entity newel in this Contract: This information must be provided prior to execution of any offer. 4. Provider certifies that the individual or business entity named in this Contract: has not been subjected to suspension, debarment, or Plinilvr ineligibility to receive the specified contract as detemin.ed by any federal, state, or local governmental entity; ii) is in compliance with the State of Texas statutes and rules relating to procurement and iii) is not listed on the federal govemmenfs ter/prism -watch list as described in executive order 13224. Entities ineligible for federal procurement are listed at httplivivmejils. v. :amid= aclatowledges that this contract may be terminated and payment - MAI certification is inaccurate. 5. Provider agrees that any payments due under this Contract will be tinned towards any debt, *eluding, but not limited to, delinquent taxes and child support tbat is owed to the State of Texas. 6, Provider certifies that they are in compliance withTeixas Government Code, Title 6, Subtitle B, Section 669.003, relating to contracting with the executive head of a state agency. If this section applies, Provider will complete the following - information in order for the bid to be evaluated: Name of Former Exqoative: Name of State Agency: Date of Separation from State Agency: Position with Provider: Date of Employment with Provider: :17*W14,PINWRYNN.. 7. Provider agrees to comply with Texas Government Code, 'title 10, Subtitle D, Section 2155.4441, relating to the purchase of products practiced in the State of Texas under service contracts, Attachment C 2 pagos Provider understands that acceptance of funds under this Contract acts as acceptance of the authority of the Suite Auditor's Office, or any suecessor agency, 'to conduct an audit or investigative in connection with those Am& Provider further agrees to cooperate fully with the State Auditres Once, or its successor, itt . oonducting the audit or investigation, Moiling providing all records requested. Provider will ensure that this clause is included in any subcontract it awards. Provider certifies that if it employs any former employee of the GLO, such employee will perform no work in connection with this Contract during the twelve (12) month period h nediately following the employee's last date of employment at the GLO. 10, The Provider shall not discriminate against any employee or appileatit for employment because of race, disability, color, religion., sex, age, or national origin. The Provider shall take affirmative action to ensure that applicants are employed and that employees are treated without regard to their race, color, sex, religion, age, disability, or national origin. Suoh action +ail include, but is not be limited to, the following: employment, upgrading* demotion, or transfer; recruitment or recruitment advertising; layoff or terntination rate Of PaY or other forma of compensation; and selection for training, 'minding apprenticeship, The Provider agrees to post notices, which set firth the provisions of this non- discrimination article, in conspicuous places mailable to employees or applicants for employment The Provider '4'611 include the above proAsions in all subcontracts pertaining to the work. 11. Provider understands that the GLO does not tolerate 'any-type of fraud. The agency's policy is to promote consistent, legal, and ethical organizational behavior by assigning respansibW.ties and providing guidelines to enforce controls, Any violations of lav• agency policies, or standards of ethical conduct vel be imstigated, and appropriate atdatiff will tektti, Providers are expected to report any possible fraudulent or distorted sots, or abuse affecting any transaction with the GLO to -theOWs Internal Audi .tor at 512.463.5338 or traceyhallAglo.state.tx.us Nog: Information, documentation, and other material in connection with this Contract may be subject to public disclosure pursuant to the "Public Information Act," Chapter 02 of the Taal; Government Code. REMAINDER Olv PAGE INTENIIONALLY LEFT RTAliK ° • • yD • • • • ••• Altii.dIMENTD , • - • .„ . • • . „ ComAceN 12 13$;000.44ili " AssuRANczs.:6oxsTgmcrkw/lsroN-eo ' 7 ...;.. -• , .-. :, : .. • i V . % ' ' . ° . • '..' ' •:, .., ,.. •-,, ,, 1 •• . ,,......' • — •<, • • ••, • "". ; • ' ( Atbcoh>nent la 2 PAWNS 014113 oval No. 03484040 ASSURANCES • NOW-CONSTRUCTION PROGRAMS NNW burden for this celfaction of informal/on I'a eatlmated.to average 15 minutes per response, including time far arartewlnf Inrtiiuiattorfe, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the ca teolton cif information. Send comments regarding the burden estimate or any other aspect retitle collection of inforrrratkn, including suggestions Apr rodang this burden, to the Office of Mangementand Budget Paperwork Reduction PraJaot(i?948-0040), Waallrngton, DC20503. pj,E.Asg DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. • • NOTE:, Certain of these assurances may not he applicable to your prajeot or program. if you have questions, please 'contact the awarding agonoy. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If cur t to the case, you will be notified. As the duly authorized representative of the applicant, I certify that the applicant: 1. Has the tegar authority to apply for Federal assistance and the Institutional, managerial and financial capability (Including funds sufficient to pay the non - Federal ehere of project coat) to erasure proper planning, managarnanl" and compietion of the project described In this application. 2, WIU give the awarding agency, the Comptroller General of the United States and, if appropriate, the Stele, through any authorized rapresentetivo, access to and the right to examine all records, broke, papers, or documents related to the award; and will eatabfah a proper accounting system In accordance with generally accepted accounting standards &agency directives, 3. Will establish eafeguards to prohibit employees iftorn tieing their positions for a purpose Owl conalitutea or prasenfa the appearance of personal or organizational cat fillet of interest, or personal gain. "` 4. Will initiate and complete the woes within the applicable time frame after receipt of approval of the awarding e9ertcY. 5. Wilt comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§47284783) relating to prescribed alandards for merit systems (r pragrama funded under one of the 19 statutes or regulations apecified in Appendix A of OFM's Standards for a Molt System of Foreonnal Administration (6 C.F.R. 900, Subpart F). 13. W111 comply with all Federal etatutea relating to nondiscrimination. Those Include but ere not limited to: (a) Tile VI of the Civil Rights Act of 1964 CP.L. 88 -352) which prohibits discrimination on the basis oaf race, color or national origin, (b) Title PC of the Education Amendments of 1972, as amended (20 U.S.O. §§1651- 1883, and 11685. 1089), Which prohibits discrimination on the baste of sex; (o) Section 604 of the Rehabtlttaiion Act of 1978' is amended (29 U.S.C. 5794), winch Prohibits discrimination on the basis of handicaps; (d) the Age Dtei r9nhiat1on Act of 1976, 'es emended (42 §§6lO1- 61071, whtah prohibits .dIscsimtnation on tetrads of age; (e) the Drug Abuse Office end Treatment Act of 1972 (P.L.. 92:255), se emended, retatIng io nondlec rfmination on the basis of drug abuse; (1) he Comprehensive Alcohol Abuse and Alc obotism Prevention, Treatment end Rehabilitation Act of • 1979 (F.L, 91.816), as amended, Misting to nondiscriminatton on the basis of alcohol arouse or alcoholism; (g) 55523 and 627 of the Pubila Health Service Act of 1912 (4211.S.C. 55290 rid-8 and 290: era 3), as emended, relating to contfdar tlality of alcohol and drug sbues patient records; (h) Title Vllt of the CM Rights Act of 16g6 (42 U.S.O. §§380i:et seq.), us emended, relating to nondlsortminatton in the sale, rental or armoire; of irouaing; (I) any other nendlisesintimitton praidslone in the specific atatute(s) under which epplfcatfon Sor Fadsrel aaalatanoo is being made; and, (I) the requirement of any other nondfsodruinatton atatule(s) which may apply to the application. 7. WI °amply, or has already complied, with the requtremente of Tides 11 and 1i1 of the Uniform Relocelon Assistance and Real Property Acqutsidon Policies Act of 1970 (P.l_. 91448) with provide for fair and equitable treatment of persons displaced or whose property Is aoqufed as a remelt of Federal or federally-assisted programs. These requirements apply to all Interests In reel properly acqutred for project purposes regardless of Federal psrticipallon In purchaaae, 8. Wig comply, as applicable, With provisions of the Hatch Act (5 tl,S.D. §$1501 -151)8 end 73247328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Faderal funds. rrevioua Edition Usable Standard Forst 42413 (Rev.7 -E7) Authorized for Local Reproduction Presortbad aroma mouser A402 11. 12. Wgl comfy, ar has already compiled, with the requirements of "t'rile9 1I and Ilf of the Uniform R9fooatien Assistance and Real Pmperty Acquisition Policies Act of 1970 (P.L 91-646) which provide for fair and equitable treatment of parsons dfapracdd or whose property fa acquired a a result of Federal and'fadaref(1r- seslsled programs. These requirements apply to all interests In real Property acquired for project purposes regardless of Federal participation in purchases. WIIi comply with the ppularons of cite Hatch Act (5 U.S.C. § §1801 -1608 and 7324 -7321) which admit the political activities of employees whose prfnopal employment activities are 'Laded in whole or In pertwlth Federal funds. 13. MI comply, ea applicable, with the provisions of the Dellis- Bacon Act (40 U.S_C_ g §276a In 276e -7), the Copeland Act (40 U.S.C. §276o and 19 U.S,G. §574), and the Contract Work Hours and Safety Standards Aot (40 U.S.G. 5§327- 333) regarfding Tabor standards for rederalip aeeisicd construction subegneements. 74, WM comply with Hood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Aot of 1973 (P.L. 93.234) which requires recipients in a special ftoud hazard area to parifotpate le the program and to purchase flood Tneurance 1t the total coat of Insurable construction and acquisition la $10,000 or more. 76. Will comply with environmental standards which may ha preeorIbed pursuant to the following: (e) rnatlhrtron of environmental quality control measures under the Attachman D 2 Pages Nationai Environmental Policy Aot of 1969 (PA. 91- 190) and Execuive Order (EO) 11514; (b) no88oetron of violating fed9tlea pursuant to EO 11735; (a) protection of wellanda pursuant to ER 11880; (d) evaluation oflldod hazards in goadpfatn81n accordance with EO 11988; (a) assurance of project consistency With the approved State management program developed under the Coastal zone Management At of 1972 (16 U.$.Q. § §1451 et seq.) :.() oonfomiity of Federal actions to State (Clean Ale) Implementation Plana under section 178(x) of the Clean Air Act of 1956, as amended (42 U.B.C. § §7441 et seq.); (g) protection of underground sources of drinfdng water under the Safe Drinking Water Act of 1974, es amended (P,L. 93 -623); and (h) protection of endangered spades under the Endangered Species Act of 1973, as amended (P.L, 93205). 18. Will comply wNh the Wild and Scenic fi vara Mt of 1966 (19 U.S.O. §§1271 et seq.) related to protecting components or patentlar components of the national wild and scenic rivers system. 17. W111 sestet the awarding agency In assuring eamplrenoe vtllh Section 108 of the National Hrstorio prreaervatfon Act of 1968, as emended (18 U.S.C. §470), EO 11693 (IdenUffoetion and protection of htetoric properifea), an the Archaeological end Hato& Preservation Act or 1974 (19 U.S.C. §§469a-1 at seq. ), 18. WI9 cause to ba perfumed the required financial and compliance audits in acoordanae with the Single Audit Act Amendments' of 1998 and OMB Circuter No. A-133. "Audtts of Slates, Local Governmente4 and Non -Profit Organizations:" 19. Wit comply with al! applicable requirements of all other f=ederal laws, executive orders, ragulalrons, and policies governing this program. GLC doNicT No. 12495- 0004475- KRAL CA' ONS US DEPAEMENT DEPARTMENT OP COMMERCE FDRMCD -5U (12 "Ciatimaatien. REGARDING LEMIBMG- - LoWaarnat. Como TRANUCTIONS At:eachmert 3 Pages r Nr cells CER iCATI:ON REGARDING LOBBYING LOWER rim COVERED TRANSACTIONS fro T. erciefeltee Applicants should revlaw the instructions for codification included In the regulations before completing this form, Signature on this form provides for compliance- with certification requirements under 15 CFR Part 26, 'New Restrictions or Lobbying" LoulaYJNG As required by Section 1352, Tltie 31 of the U.S. Code, and Implemented at 15 CFR Part 213, for pelecne entering Into a grant, cooperatve agreement or contract over $100,000 or a Teen or In guarantee over $150,000 as defined at 15 CFR Part 28, 5ections 213.105 and 29.110, the applicant verifies that to the best of hie or her larowiedge and belief, that (1) No Federat appropriated Rinds have been paid ar will he paid, by or on behalf of the undersigned, m any person for Influencing or attempting to Influence an officer or employee of any agency, a Member of Congress In connection with this awarding of any Federal confracl;'tne making er any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendrnent, or modification of any Federal contract, grant; loan, or cooperative agreement (2) If any funds other than Federal appropriated fl.rrrds have been paid or will be paid to any parson for influencing or attempting to Influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an enmpicyee of a member of Congniaa In connection with this Federal contract, grant, loan, er cooperative agreement, the undersigned shall complete and submit Standard Forrn -LLL, 'Disclosure Form to Report Lobbying," In accordance with Its Instructions, (3) The undersigned shelf require that the language of this certflcatbn be Incleded in the award documents for ail subawanis at elf tiers (including subcontracts, sebgrants, and contracts under grants, loans, and cooperative agreements) and that all eubredpien1s shall certify and dhssck,se accordingly. This certification Is a material representation of fact upon which ralfance was placed when this Irensacifan was made or entered Into. Submission of thls oertifcation is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code.Any person who falls to file the required certification shell be subject to a civil penalty of not loos than $10,000 and not more then $100,000 for each such failure occurring on or before October 23, 1990, and of not less than $11,000 and not more than $110,000 for each such failure occurring after October 23, 1996. Statement for Loan Guarantees and Loan insurance The undersigned slates, to the beat of his or her knowledge and behaf, that to any funds have been paid or will be paid to any person for influencing or attempting to Influence an officer er employee of any agency, a Member of Congress, an officer or employee of Congress. or an employee of z Member of Congress In connection with this commitment providing for the United States fo Insure or guarantee a teen, the undersigned shaft complete and subrrilt Standard Form -LLL, "DIselosure Ferro to Report Lobbying," in accordance with its Instructions. Submission ofthis statement Is a prerequisite for making or entering Into this transaction imposed by erection 1352, title 31, U.S. Code. Any person who falls b file the required state- ment shall be subject toe civil penalty of not lesslhan $10,000 and not mare than $100,000 for each such failure occurring on or before October 23, 1995, and of not lase than $11,000 and not more than $110,000 for each such failure occurring after October 23, 1996. As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above applicable certification, NAME OF APPLICANT f� u lrl L • Nue es TITLE OF AUTHORIZ M.1)41.- AWARD NUMBER ANO /DR PROJECT NAME D REPRESENTATIVE 1 fro .r . P 3o1rc DATE J- ora ono 5 Attachment 8; 3 Pages DISCLO.SURE.OF LOBBYING ACTIVITIES Approved by OMB Complete this form to disclose lobbying activttles pursuant to 31 U.S.C. 1352. o348 -Qoio reverse for public burden disclosure 1. Type of Federal Action; 2 Status of Fe'derai AotietV a. contract ) la. bidloffcrfapplicatlon b. grant t b. brat award c, cooperative agreement c. post - award d. loan e. loan guarantee 1. lean Insurance 4, Name and Address of Reporting Entity: 0 Prime ❑ SuGawerdee Tier Congressional Distrtc:t;:fikndwn�s; #� 'Federal Oepartm entlAgency; 8 Federal Action Number, if known: Report Type: . . a.1t71tral filing b, material change For Material Change Only; yebr . ' quarter dale of last report j % ( if Reporting Enitty'In No. 413 a Subawardee, Enter Name. and Address of Prime: colt oeold *41:11 xtattifirliotvrrf 7. Federal Program Name /Description: 10. a. Name and Address of Lobbying Registrant (if individual, last name, first name, Mf): Award Amount; ffknowri b. individuals Performing Services (including address if different from Na. 10a) (last name, first name, Mf): Lerartneke requested Yom.* IMs Om* eL K47ed by 9Fln 91 U.B,B. sectlen i 1 • 1752 7hrr u(70bby:n9 +MMES 4 a rrlsloohd ropr v.41 m of racl upunNitdl rarbre bus bibbed by O,e der above *hue dot t/M>f[olbun S4ee mats s0erort Nla TIJie ..erosure is reg1red presuerd lu 91 VAC. UM. nit watrme,kin VII be erWabie ferpth:b hrs,peu024 Any pox. who tee lo A7e Olt /looked dsdAtvd ah 1 be eublect le a chi pendlry of no{ rem then .:11.060.0nd not mots than 3100.000 ki oeah suth (Wm. Atritiodzeil for Luca) Repro dir 5iaEndord Farm) ngy.I &ttaclwent i( 3 Pages INSTRUCTIONS FOR COMPLETION OF SF -LLL, DISCLOSURE OF LOF3BYINO ACTIVITIES ;hiedtfi.Cttotkt)totlitst*rtltiii sled rtbbrc 1 ggnllAiortt4cr il;44wardorrcp1 cdai td IPfitrt�.plrl .Iildatlanrxracofp[:aiib vbratlt` ®rat egdon,ew n taajilaitiOaSla tG a ptra qua fldrl quf tutf>)I W9414 014' stern 14 (flkl$7if a 0tm.ls etl Car t0l #dY #o# aq n o re , paTrtiaat to xtetra R vnuty fr fniluen np o' aamnIio g arcs a4 adf r o:0-#.1040.044 y.n 111 aPigph a aarrarr tt tYaa0l „ &Vgrpps.auart# ayppgi0e( ttritslnaarriathan0Ss+ cararoFadarp41 rA+ rrrp3qtollr011f11snptPy 'a5esr3fheirEgltarrrty hannc:rcpatt Rorer td the n 9! tifncc pUb .44 .0.'. lira O:q#0 000§arnotij;and of lot nd t!x oildtOttifi9li ; t identify the type of covered Federal eotton (r which lobbying activity is andlorhae been secured la Influence the outcome of a coveted Federal sedan. 2., fdenllfythe alihas of the covered Federal action_ 3. /deg06'lhe apprQprfo lo of Iltls raped_ 'If this la n 1bJnwap report caused by a mutede;change to the Infarmaflon previously repaned; enter the yearend quarterfn which the change occurred. Enter the dale of the teal previwslysubmtlled report by this repelling entity for lids cowered Federal. a ction, 4. Eaten/AS tali iarpo ad4nies, lly, 3ief8endzipcodao ffherepbrtingea14 40444 Err(S$•past ii'rett klrkt,ifimam Check the appnwtaleclastifrcation of fhe repertliVenil thAft osfgnales It ts, arexpacls to ba, a pmma •ppy (t aPee l {M` ftf}?j tlerettheaubawerdse, e.g,. the first subawarde a • of the pritais,10 the lar Lier,,Subeatanda include but ore nal tirnilecfla Sfibilhilire00;40taltanhiend1copitaaustarartis undergran.% 5. ff The organtaafion riling the report in item 4 chock SubeWardee; then ontet the full name, address, city, Slate and zip coda of the prime Federal recipient. include CanaressfonaJ District, it known. 8. En ler the nernecif the Fa dare/ agency ma king the ward or foan commitment.inctude 01 feast ane arganb.akinellevel below ag ency name, If 'axiom, Far example, °apartment cf 7ranap:mat/on• United States Coast Guard. 7. € nter the Federalprogrern none or description ter the covered Federal action (ltsm 1). tf known, enteritis fait Colalod of Federef Domestic Assistance (CFL)A) nurrlber fargraals, eeopera6ro agraorr nis, loans, and loan commllmanfa, e. Enter the ttt011 apfi&oprfeleFedarafistnrrli Jts filrtt5ttittavaitablefor the Federal action tdenllfied M gam 1 Ca :g: l2aqueel ter preguaal ($Fp) number, invitation far Sid' `(f g) ntunt ant WiAt trust number, the contract. grant, or lean award number; (he appik011o01propesal.rtrnfret number assigned by the Pedetateg F) a :Pefixrrs; age. "RFP -DE90-901.” 9. For a covered Federal action wham there has bean an award or faun cemmnmenl by the Federal agency, railer the Fedora( amount Mho award/lean wmmttment for the prime entity kiwi/Mod in item 4 or 5. 10. (a) Ester the full name, address, city, Slate and zip (Aide of the lobbying registrant under the Lobbying DIsckser° Act of 1995 engaged by the repelling entity Identified in item 4 lo lnauenoe the covered Federal sedan. (h) Enierlime can name of the tndlvlduaf(s) pedant/1g servkes, and include dill address 1f dttferent from 10 (d). Enter Leal fame, Firaf Name; and lfidd e 1nIfial (MI), • 11, Thy tv (yf,m off ertsbeitakdn end.dsie:Me fern, P ltftmer:roue, Gila, end telephone number, ltceor ng to the Pepe workRedc ct&Jet e retogoott rip starsrltt 3(0 *4 14,4 W tCar id lir a #ten:be.. The cndd OMO err sal monk rfer this ln( rte lion p?1b611oc Is, 00 0 Nu 034(^ S F i roparfjrtp bur44tt:forstht i811 tm ottnIormotior 4 osiitnflbtd to attomo 10 trIrwto.8 pormixtion,t, lietieng limn kr 4 np3zlptnteoo , alienist 0 8np.delo- tri00 08lorysgtofu nnalntiiiiii a talc r 40.1nd, rurd carnpfating and retilaWfho ((me fie STn a l:Infornratic0r $turd ratttuliti:(0034 jhet bullied totJfft (@tr 3(o?i G pe4 o lhtiOlako p l 20$03• trutt$I g suwr f far rroctticr8,tila bled , th'lha Offed ortr3nsgen atonl ele Pepa?W.W ik alt Pt eat 0)480 1)Wasn8e i