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HomeMy WebLinkAboutContract 50868 CITY SECRETARY uu CONTRACT N0. 569 10U a �r��vO�frYofFORT WORTH-PM,., TCEQ CorrMCTNo.582-15.50040 AMFNDINrNT 6 AMENDMENT NUMBER 6 .er� ` The Texas Commission on Environmental Quality (TCEQ) and the City of Fort Worth 't 6 g t (City) agree to amend Contract Number 582-15-50040 to revise the Scope of Work and update the Cost Budget Sheet per General Term and Condition item 1.2. The City will continue operate and maintain three continuous air monitoring stations (CAMS 0310, CAMS 1053, and CAMS 0061)in Fort Worth and Arlington,Texas. The following outlines the changes in this Amendment: 1. TCEQ and the City agree that the total compensation possible under this contract is increased as follows: The Original Contract Amount(FY15) $ 36,101.67 Contract Amendment 1 (FY16 Renewal) $ 36,101.67 Contract Amendment 2 (FY15 90 Day Extension) $ 0.00 Contract Amendment 3 (FY17 Renewal) $ 36,101.67 Contract Amendment 4 (FY16) $0.00 Contract Amendment 5 (FY18 Renewal) $ 36,101.67 Contract Amendment 6(FY18 Admin Changes) $0.00 The Total Contract Amount $ 144,406.68 2. The Maximum Amount of the Contract is $144,406.68 3. The revised Scope of Work is incorporated here as Attachment A. 4. TCEQ has approved the Cost Budget Sheet, hereby included in its entirety by Attachment B of this Amendment. 5. The Term of Contract is extended to August 31, 2018. All other conditions and requirements of Contract Number 582-15-50040 remain unchanged. Texas Co . io on Environmental City of Fort Worth By. By Authorized Signature Authorized Signature Gary Goldman Valerie Washington Printed Name Printed Name Manager,Network Operations Section, Monitoring Division Assistant City Manager Ti le Title KA 5-L�3 / 00 120r%. Date Date 1 of 14 y. OFFICIAL RECORD . 't CITY SECRETARY ;;L Kayser, City ecreta�y I FT.WORTH,TX 1 CrrY or FORT WoRm-PM„ TCEQ CONTRACT No.582-15-50040 AMENDMENT G ATTACHMENT A SCOPE OF WORK I. FACTS/PURPOSE The Performing Party will operate and maintain two continuous ambient monitoring stations(CAMS)in Arlington and Fort Worth,Texas in accordance with the effective Texas Commission on Environmental Quality(TCEQ) quality assurance project plan(QAPP) pertaining to the Particulate Matter of 2.5 Micrometers or Less(PMIS)program,equipment standard operating procedures (SOPs), and the Preventive Maintenance Instructions(PMI)Manual. Documentation is available upon request. Station locations: • CAMS 0310- Haws Athletic Center, 600 y: Congress Street,Fort Worth • CAMS 0061 -Arlington Municipal Airport, 5504 South Collins Street, Arlington • CAMS 1053 -Fort Worth California Parkway North, 1198 California Parkway North, Fort Worth Air monitoring stations are subject to relocation.In the event of site relocation, the Performing Party will be notified 30 days prior to relocation.The Performing Party will operate similar additional or relocated ambient air monitoring equipment as needed and as agreed upon by both parties. Table I.1 lists all equipment and air monitoring stations operated and maintained under this contract. Table I.1: E ui ment Station Equipment Type Operating Schedule Haws Athletic PM2.5 FRM sampler 1/3 days Center PM:.S TEOM monitor continuous Arlington Municipal PM:,TEOM monitor continuous Air ort California PM:.:FRM 1/3 days Parkrway North FR1%1-federal reference method PM„-particulate matter of 2.5 micrometers or less In diameter TEOM-tapered element oscillating microbalance II. TCEQ RESPONSIBILITIES/DESIGNATION OF STAFF A. Provide all air monitoring equipment,parts, audit equipment,gas standards, sample media as required, communications equipment,and equipment related supplies for the proper operation of the air monitoring stations. B. Provide all electrical and communication accounts necessary for the proper operation of air monitoring stations. 2of14 Cm'OF FORT WORTH-PMu TCEQ CONTRACT No.582-15-50040 AMMDMWr 6 C. Provide all site maintenance equipment(Le.,lawnmower, edge trimmer). D. Provide shipping labels upon request for the Performing Party to ship air monitoring equipment,parts, audit equipment, and equipment related supplies to the TCEQ E. Provide Performing Party staff with individual virtual private network(VPN) access accounts to check the site status remotely by the TCEQ's internal status report webpage during the term of the contract. F. Provide training for equipment operations and other activities designed to increase technical capabilities required to support this agreement upon request by the Performing Party. G. Provide contact information, troubleshooting,and technical support related to TCEQ air monitoring equipment by phone,email, or on-site visits, during regular business days between the hours of 8:00 AM and S:00 PM Central Standard Time(CST). H. Conduct annual air monitoring station field audits. I. Designation of staff • Neal Penney(817) 588-5865 is the Project Manager and point of contact for this contract.Additional experienced TCEQ staff will be available in his absence. Contact information for technical staff is available upon request. • Julie VandenBerg(512) 239-1958 is the Contract Specialist. III. PERFORMING PARTY RESPONSIBIIITIES A. Provide at least one primary operator with a minimum of six months experience with ambient air monitoring equipment and one backup site operator with similar experience.These site operators must be electrical/mechanical grade technicians capable of operating and performing light maintenance on meteorological hardware and electronic monitoring equipment. Staff must be proficient in the use of digital volt meters and personal computers. One operator must be present during all TCEQ assessments or site visits. B. Designate a Project Representative who receives directions from the TCEQ manages the work being performed, and acts on behalf of the Performing Party as an authorized representative. C. Operate monitoring equipment according to established applicable SOPs, PMIS, and QAPPs.This documentation is available upon request. D. Document all site activities in the electronic operator log before leaving the site where access to electronic logs is available, and within two business days where site access to electronic logs is not available. E. Monitor the site status remotely through the agency's internal status report webpage using the TCEQ-provided VPN access. Ensure individual VPN access accounts remain active. If VPN access is lost,it is the Performing Party's responsibility to alert the TCEQ Project Manager upon discovery. VPN access accounts are issued to individuals and must not be shared amongst Performing Part-/s staff. F. Possess and utilize the information,practical knowledge, techniques, and skills to comply with federal and state air monitoring rules,including those listed in the effective Code of Federal Regulations. 3of14 Cn-v OF FORT WORTH-PM:., TCEQ CoNTRAcr No.582.15-50040 AMENDMENT 6 G. Communicate effectively with TCEQ technical staff to troubleshoot malfunctioning equipment. H. Reply in writing to all TCEQ requests by set deadlines. I. Make travel arrangements and cover expenses for its staff to attend all requested trainings, demonstrations of competency, and meetings. J. Maintain and provide as needed:documentation of shipping expenses, insurance costs(required)whether using the TCEQ account or other, and any additional information necessary to track equipment or be reimbursed for the activity. K. When visiting the TCEQ headquarters, all staff must enter through the front of the building,check-in with the security guard, and be escorted by TCEQ staff. L Notify the TCEQ Project Manager immediately of any damages due to accident or vandalism. Provide pictures,police reports, and communications to provide remedy within 48 hours of discovery.The TCEQ is not responsible for damages due to negligence of the Performing Party or its subcontractors. ' The Performing Party must provide adequate replacement for equipment that is lost, stolen, or damaged due to negligence by the Performing Party or any subcontractor. M. Provide a physical shipping address for replacement equipment,parts,and i supplies in writing with each request. 1 N. Provide arrangements to convey equipment to and from the site to TCEQ employees at mutually agreed upon locations for exchange, delivery, or transfer.The Performing Party is responsible for its own fuel,vehicle, and any other expenses associated with the requested conveyance. O. Operate air monitoring equipment in accordance with Table V.1 and ensure the deliverables listed in Table V.1 are performed adequately and on time. P. Document completion and submit deliverables in the manner listed in Table V.I. Q. Upon request by the TCEQ provide guided tours of the monitoring sites to local school districts or governing agencies,not to exceed four hours per quarter. R. Promptly respond to site and contractual information requests from the TCEQ Project Manager. S. Promptly respond to and comply with verbal and written guidance supplied by the TCEQ Project Manager and technical support staff. T. Provide limited logistical support related to relocating or establishing a new air monitoring site.This may include,but is not limited to, assistance with locating a new site, providing access to contractors and utility companies for site construction, and reviewing and documenting site construction activities. U. Perform transitional services. Given the nature and importance of the services requested under this contract, TCEQ must maintain uninterrupted services. The Performing Party shall provide services as needed to assist in the smooth transition of a replacement contractor.Transitional services include,but are not limited to: • the Performing Party will provide one week of training to the replacement contractor; 4of14 I CITY of FORT Womm-PM,,, TCEQ CoNmcr No.582.15.50040 AMENomm 6 • the Performing Party will provide reports,maps, property site contact information,keys, equipment, and other TCEQ property to any replacement contractor upon execution of said future contract; • the Performing Party will report to any replacement contractor any pending problems being investigated or for which equipment repair is incomplete; • upon request by TCEQ the Performing Party will provide to any replacement contractor access to site trailers,buildings,utilities, or other locked areas; • the Performing Party will notify the TCEQ Project Manager in writing when the transition of services is complete;and • at all times, the Performing Party will provide complete cooperation, courtesy, civility, and professionalism when providing transitional services and communicating with any replacement contractor staff. IV. DESCRIPTION OF DELIVERABLES The Performing Party must operate and maintain the air monitoring stations listed in Section I according to all effective TCEQ QAPPs, SOPs, and PMIs, as well as any additional guidance provided by the TCEQ Project Manager to meet existing, and future, federal air monitoring requirements.TCEQ documents can be accessed through the TCEQ Rhone page and are also available upon request. V. SCHEDULE OF DELIVERABLES The Performing Party must provide the deliverables listed in Table V.1 to the TCEQ in accordance with the noted timeframes. i 5of14 Crry OF FORT WORTH-PM:., TCEQ CoNTRAcr No.582-15.50040 AMENDMENT 6 Table V.1:Contract Deliverables Deliverable Equipment Summary of Tasks and Timeframes Submit to: Data PM,,FRM, • Collect and monitor continuous LEADS via VPN or Collection PM2.sTEOM ambient air data and operate non- through the on-site continuous samplers according to data logger applicable Standard Operating Procedures (SOPs)and the U.S.EPA Monitoring Schedule. • Review continuous data in Leading Environmental Analysis and Display System(LEADS)daily to ensure sampler function. Document this review in the electronic operator log on the day it occurs. Sample PM2.s FRM . Package and ship all collected PM,., Desert Research Collection and FRM filters following the shipping Institute(DRI) Shipping schedule provided by the Project httn://eafs.dri.edu/ Manager. and Leads via VPN • Submit electronic sample files to the analytical contractor on same day as filter shipment. • Document shipping date in electronic operator ator to . Equipment PM,.,FRM, . Respond to equipment failures or Project Manager, Failure PM2 sTEOM malfunctions by visiting the site on TCEQ Equipment Response the same day if feasible,but no later Support Work than the next business day. Group(ESWG),and • Notify TCEQ in writing within one LEADS via VPN business day of problem resolution. • Follow the TCEQ's technical advice and instructions without exception when troubleshooting equipment. Equipment PM2.s FRM, • Report equipment failures or TCEQ ESWG, Failure and PM2.sTEOM malfunctions in writing the same day Project Manager, Sample Loss as discovered. Include symptoms or and LEADS via VPN Report cause of failure and contact information for the Performing Party personnel immediately available to troubleshoot. • Report in writing within one business day if any continuous monitor fails to collect data for more than 48 consecutive hours or when two consecutive non-continuous samples are missed or invalid. Include reason for data loss and corrective action plan. Monthly PM,.,FRM, • Perform verifications monthly within Project Manager Verification PM2sTEOM first five business days of the month. and Report . Perform verification procedures as defined by instrument SOPS. • Download a new verification worksheet from the TCEQ Rhone page 6 of 14 Crr of FORT WORTH-PM,., TCEQ CONTRACT No.582-15-50040 Ammomm 6 Deliverable Equipment Summary of Tasks and Timeframes Submit to: at http://rhone4/cgi- bin/worksheet_docs.pl for each verification report. • Enter all verifications in the electronic operator log according to the requirements listed in Section IIID of this contract,identifying the sampler, and the date of verification. • Verification reports must be independently reviewed by someone other than the originator prior to submission to the TCEQ to ensure accuracy. • Submit verification report within two business days of completion. Quarterly PM,.,FRM, • Perform quarterly audits within first Project Manager Audit and PM:.s TEOM five business days of quarter,as Report defined by instrument SOPs. • Perform additional audits after instrument repair,modification, or replacement. • Download a new calibration worksheet from the TCEQ Rhone page at http://rhone4/cgi- bin/worksheet_docs.pl for each verification report. • Enter all audits in the electronic operator log according to the requirements listed in Section IIID of this contract_,identifying the sampler, and the date of the audit. • Audit reports must be independently reviewed by someone other than the originator prior to submission to the TCEQ to ensure accuracy. • Submit audit report within two business days of audit completion. Preventive PM:.S FRM, Execute the following, on any updated LEADS via VPN Maintenance PM:.sTEOM version posted on the Rhone page: Instruction • 40-030, Cleaning the R&P Air Screens, (PMO a minimum of every 30 days; Completion • 40-30a, Cleaning the Very Sharp Cut Cyclone,a minimum of every 30 days; • 40-30b, Cleaning the I'Stage and Inlet,a minimum of every 30 days; • 40-180, 2025 Battery Replacement,a minimum of every six months and at battery failure; • 41-30, TEOM Air Condition Filter,a minimum of every 30 days; . • 41-030a, TEOM PXs SCC Adapter Cleaning,a minimum of every 30 days 7of14 CnY of FORT WORTH-PM,., TCEQ CoNTAAcr No.582-15-50040 AMFNDNENT 6 Deliverable Equipment Summary of Tasks and Timeframes Submit to; or at motor failure; • 41-030b, TEOM Sample Inlet Cleaning, a minimum of every 30 days; • 41-180, TEOM In-Line Auxiliary Filter Change,a minimum of every six months; • 41-180a, TEOM Air Conditioner Cleaning,a minimum of every six months; and • any future PMIS developed for this equipment with TCEQ notification. • Enter the completion of each PMI,and the date of completion,in the electronic operator log according to the requirements listed in Section IIID of this contract. Audit and PM,.,FRM, • Respond within 24 hours of receiving TCEQ Data Quality Assessment PMz.s TEOM audit request to acknowledge that the Team and Assistance request was received. Project Manager • Submit completed pre-audit questionnaires by set deadlines. • Assist TCEQ staff or U.S.EPA auditors on-site during all TCEQ audits and assessments. Site site • Maintain site free of vegetation higher LEADS via VPN Maintenance than sic inches and trash or debris. • Ensure site remains locked and secure when staff are not on-site. • Obtain written approval from TCEQ to change the site lock or combination. • Request and maintain vegetation control equipment from TCEQ. • Ensure the site meets the siting criteria outlined in the Code of Federal Regulations(CFR)Part 58 Appendix E. • Notify the Project Manager immediately when the site does not meet siting criteria. Invoice and PMz.s FRM, • Submit quarterly invoices within 30 Project Manager Release of PMz,sTEOM (or 60,as specified)days after the end and Claims of the following five intervals: Contract Specialist Submission o September-November ■ due December 31 o December-February ■ due March 31 o March ■ due April 30 o April-May ■ due June 30 o June-August ■ due October 30 8of14 CITY OF FORT WORTH-PM,., TCEQ CONTRACT No.582-15-50040 AMENOMENT 6 Deliverable Equipment Summary of Tasks and Timeframes Submit to: • Submit quarterly invoices according the requirements provided in the TCEQ Administrative Procedures For Contracted Operators document.This document can be found at http://rhone4/cgi- bin/worksheet_docs.nl. • Submit completed Release of Claims form with final Contract invoice. • Late submittal of invoices will be noted and documented in the end of the year evaluation that may determine the continuation of this contract. • Invoices must include a detailed breakdown of all expenditures. • Any inappropriate expenditure, including items not related to the project,will result in the invoice being rejected. • In the event that an invoice is rejected,the Performing Party must submit a revised invoice within 10 business days of rejection date. Data PM,.,FRM, ■ Track and submit data completeness Project Manager Completeness PM,.,TEOM reports within one calendar month and Reports after close of fiscal quarter.Fiscal LEADS via VPN quarters are defined as: o September-November ■ due December 31 o December-February ■ due March 31 o March-May ■ due June 30 o June-August ■ due September 30 • Include description of how data completeness was determined and provide justification for data loss and corrective actions taken. I I 9 of 14 CrrY of FoRT WoRTN—m. TCEQ CONTRACT NO.582-15.50040 AMPNnt mT 6 Deliverable Equipment Summary of Tasks and Timeframes Submit to: Inventory PM,.,FRM, • Notify the Project Manager within one Project Manager Management PML:TEOM business day of equipment and Reports replacement or change(including gas cylinders). • Documents any equipment replacement or change(including gas cylinders)in the electronic operator log according to the requirements listed in Sections IIID of this contract. • Return inoperable equipment,with proper documentation of the problem, to the TCEQ within three business days of replacement. • Upon request,promptly assist the Project Manager with maintaining inventory control and with Inventory Management Database(IMD)data requests. • Track and submit inventory management reports within one calendar month after close of fiscal quarter.Fiscal quarters are defined as: o September-November ■ due December 31 o December-February ■ due March 31 o March-May ■ due June 30 o June-August ■ due September 30 Demonstration PM2.s FRM, • Ensure all site operators demonstrate Project Manager of Competency PM2.,TEOM, passing DOCs. (DOC) met • Submit completed DOC forms and supporting documentation to the TCEQ Project Manager for all equipment and all current operators within six months after the effective date of this contract. . If an operator is hired after the effective date of this contract,submit completed DOC form within six months of the operator's hire date. Ensure the operator demonstrates a passing DOC. • Complete all DOCS using Form 1:DOC Documentation Form,provided in Attachment C,and submit original forms to the TCEQ within 10 business days of completion.Maintain copies of the completed forms and any supporting documentation for a 10 of 14 Crry of FORT WORTH-PM,., TCEQ CoNmcr No.582.15-50040 AMENDMENT 6 Deliverable Equipment Summary of Tasks and Timeframes Submit to: minimum of 5 years.Make this documentation available upon request. FRN-1-federal reference method met-meteorological equipment with sensors to measure wind speed,wind direction,and temperature PM:s-particulate matter of 2.5 micrometers or less in diameter SOP-standard operating procedure TEOM-tapered element oscillating monitor TCEQ-Texas Commission on Environmental Quality U.S.EPA-United States Environmental Protection Agency VPN-virtual private network VI. ACCEPTANCE CRITERIA i The Performing Party is required to provide the TCEQ at least an 85 percent(%) quarterly data return from all monitors and samplers. If the 85% data return is not achieved, assignable cause must be identified within a week after each month end.Assignable causes may include acts of nature (tornadoes, hurricanes,hail, etc.),vandalism, or circumstances beyond the control of the Performing Party. Neglect of the site is not an assignable cause.The parties agree that the following reduction represents a reasonable calculation for payment in the event that the Performing Party fails to meet the required 85% quarterly data return.TCEQ may reduce Performing Party's payment for the fiscal year by up to 25%if the required data return is not achieved and there is no assignable cause.The possible reduction amount(25% of the fiscal year funds) will be split evenly between each quarter of operation of each monitor. For example,if this Scope of Work calls for four monitors to be operated for four quarters each, the possible reduction amount will be split 16 ways. In that example,for each quarter that a monitor does not achieve the required data return,TCEQ may deduct up to 1/16 of the possible reduction amount. Considerations for the reduction of payment will consist of evaluation of the Performing Party's performance of required operating procedures, quality control procedures, and effective and timely communication of non-compliance issues. Non-compliance issues will also require corrective action.This adjustment is cumulative with all other remedies. 11 of 14 Cm OFFORTWORTH-PM,., TCEQ CowrRAcr No.582-15-50040 AMMDMMT 6 ATTACHMENT B FYi8 Cost Budget Cooperative Reimbursement Contract for State Agencies and Local Governments 1. Budget. Authorized budgeted expenditures for work performed are as follows: Budget Category Cost for Work to be Performed Salary/Wages $18,300.65 Fringe Benefits $9,937.47 Travel $0.00 Supplies $1,073.00 Equipment $0.00 I Contractual $0.00 Construction $0.00 Other $725.00 Indirect Costs $6,065.55 Total $36,ioi.671 2. Indirect Cost Reimbursable Rate. The reimbursable rate for this Contract is 21.48%of(check one): ®salary and fringe benefits ❑ modified total direct costs ❑other direct costs base If other direct cost base,identify: This rate is less than or equal to(check one): ❑Predetermined Rate—an audited rate that is not subject to adjustment. ®Negotiated Predetermined Rate—an experienced-based predetermined rate agreed to by Performing Party and TCEQ.This rate is not subject to adjustment. ❑Default rate—a standard rate of ten percent of salary/wages may be used in lieu of determining the actual indirect costs of the service. 3. Other. If Budget Category"Other"is greater than$25,000 or more than io%of budget total,identify the main constituents: 12 of 14 CrrY of FORT WORTH-PM„ TCEQCoNTawcr No.562-15-50040 AMFNDMFNT 6 4. Travel. In order to be reimbursable,travel costs must be specifically authorized in advance of the travel. Travel costs will be reimbursed only in the amount of actual costs,up to the maximum allowed by law for employees of the State of Texas at the time the cost is incurred. 5. Budget Categories. The Budget Categories above have the definitions, requirements and limitations stated in UGMS. Construction costs are not reimbursable without prior,specific written authorization from TCEQ. 6. Budget Control. a. Cumulative transfers equal to or less than io%of the Total Budget. Performing Party may transfer amounts between the approved direct cost budget categories so long as cumulative transfers from direct cost budget categories during the Contract Period do not exceed ten percent(io%)of the Total Budget amount. Performing Party must timely submit a Budget Revision Request(BRR) Form reflecting the revised budget. Upon approval by TCEQ,the BRR will be incorporated into this Contract as though it is a document revised under General Term and Condition Section 1.2.The lo%limit does not reset with the approval of each BRR.It resets when an amendment is signed by the parties reflecting changes to the budget. b. Cumulative transfers greater than io%of the Total Budget. TCEQ must pre-approve in writing all budget revisions that result in the cumulative transfer from direct cost budget categories of funds greater than io%of the Total Budget during the Contract Period. The Performing Party must request to amend the Contract.A contract amendment is required before Performing Party incurs these costs. c. Performing Party may not transfer amounts to budget categories containing zero dollars without TCEQ pre-approval in writing. 7. Invoice Submittal. Unless otherwise stipulated in the Contract,invoices must be submitted to the individual named in TCEQ Project Representatives and Records Location at monthly intervals. Final invoices shall be submitted within two(2) calendar months after completing the Scope of Work activities. TCEQ may unilaterally extend this deadline by e-mail. a. All invoices must be submitted in a format that clearly shows how the budget control requirement is being met. 8. Supporting Records. Performing Party shall submit records and documentation to TCEQ as appropriate for the review and approval of reimbursing costs. TCEQ may reject invoices without appropriate supporting documentation. TCEQ has the right to request additional documentation such as expenses for the invoice period, year-to-date expenses, projected totals for the year(or applicable contract period), percent of budget spent to date,and percentage of budget projected to be spent. Performing Party shall maintain records subject to the terms of this Contract. 13 of 14 CITY OF FORT WORTH—PM,., TCEQCONTRACr NO.S82-1S-SO040 AmmommT 6 9. Indirect Costs. Performing Party's indirect costs will be reimbursed at the reimbursable rate entered above. If no reimbursable rate is shown above,indirect costs are not reimbursable under this Contract. The reimbursable rate must be less than or equal to the rate authorized under UGMS. To the extent that the reimbursable rate is lower than Performing Party's actual indirect costs,Performing Party is contributing its unreimbursed indirect costs to the successful performance of this Contract,and waives any right it may have to reimbursement of those costs(if this Contract requires matching funds,Performing Party may claim its unreimbursed indirect costs as part or all of its match).Performing Party must fund all unreimbursed indirect costs from other funds.It is the Performing Party's responsibility to ensure that unreimbursed indirect costs are not charged to other projects which do no benefit from them,and that it uses funding sources that may be properly used to fund its unreimbursed costs. 14 of 14 s Contract Compliance Manager: By signing this document, I acknowledge that i am the person responsible for the monitoring and administration of this contract, Including ensuring all performance and reporting requirements. i Anthony Williams NAME SIG Environmental Supervisor TITLE 0 This form is N/A as No City Funds are associated with this Contract l Printed Name Signature OFFICIAL RECORD CITY SECRETARY FT, WORTH,TX