HomeMy WebLinkAboutContract 33887 CITY SECRETARY
CONTRACT NO. 3±E7
Contract No. 582-6-74392
STATE OF TEXAS
COUNTY OF TRAVIS
Contract Amendment 1
Both parties to Contract No. 582-6-74392,the City of Fort Worth(hereinafter after called
PERFORMING PARTY and the Texas Commission on Environmental Quality(TCEQ), agree
to amend said Contract as follows:
1. AGREEMENT AMOUNT
The TCEQ and the PERFORMING PARTY agree to amend the fiscal year 2007 Agreement
Amount from Two Hundred and Seventy Four Thousand, Five Hundred and Fi ft Dollars
($274,550.00) to Two Hundred and Seventy Eight Thousand, and Thirteen Dollars, for a total
Agreement Amount of Five Hundred Fifty Two Thousand Five Hundred Sixty-Three Dollars
($552,563). This is a total increase of$3,463.00 dollars.
Original Agreement Amount $549,100.00
FY06 Total $274,550.00
FY07 Total $278,013.00
Total Agreement Amount as amended $552,563.00
2. Article 7, Paragraph 7.9 of the General Conditions is hereby amended in its entirety to
read as follows:
7.9 On a quarterly basis,within thirty(30)days after the end of a quarter, the
PERFORMING PARTY shall submit one copy of an itemized invoice in a format
provided by the TCEQ, along with any other documentation deemed necessary by TCEQ
for processing and a properly completed TCEQ PURCHASE VOUCHER, in order to
obtain payment for tasks completed under this Agreement. Completed request for
reimbursement packages should be mailed or delivered to the TCEQ Local Program
Contract Manager identified in paragraph 9.8 of ARTICLE 9 of this Agreement (related
to Notice). Concurrent with the submittal to the Local Program Contract Manager, a
copy of the same documents shall be submitted to the TCEQ Project Regional
Representative identified in paragraph 9.8 of ARTICLE 9 of this Agreement(related to
Notice).
Contract Amendment 1 Contract No.582-6-74392
Page 1
3. The Scope of Work Section,Paragraph 2.9 is hereby amended in its entirety to read as
follows:
2.9 Annual Work Plan Development. Work Plans shall be developed and a
consensus shall be reached on the Work Plan through either a Major or Minor
Amendment to the Agreement by August 1, 2006 for fiscal year 2007. The
developed Work Plan shall be comprised of work consistent with the direction
and intent of the Compliance Monitoring Strategy and the Risk-based
Investigation Strategy for the Air and/or Stage H programs. To the extent
practical,the Work Plan shall be implemented so that one-fourth(1/4)of the
Work Plan activities are completed within each fiscal year calendar quarter.
4. The Scope of Work Section, Paragraph 4.2.1 is hereby amended in its entirety to read as
follows:
4.2.1 Program: PERFORMING PARTY shall implement and conduct a
program for each task type identified in paragraph 5 of this Scope of Work
section and conduct the relevant activities related to those paragraphs. In
the process of conducting work under this Agreement, the PERFORMING
PARTY shall comply with the requirements of the most recent applicable
version of the following guidance documents and exhibits:
Guidance Documents:
• Air Program Investigator's Manual, rev. January 6, 2004.
Available via hard-copy until revisions are uploaded to FODWEB.
• Open Records Decision No. 391,dated July 26, 1983
• TCEQ Records Management, Chapter 10.
htta://home.tceg.state.tx.us/internal/adminlir/recordsmgmUrecordsmanual.html
• Enforcement Standard Operating Procedures(Enforcement SOP)
rev. November 8, 2004. Available as hard copy and as electronic
copy on the T-Net at:
http://home.tceq.state.tx.us/cgi-binlintemal/enforcement/listofapp.pi
• Comprehensive Compliance and Enforcement Data System
(CCEDS)User Manual. Available via the CCEDS application or
electronically from the T-Net at:
http://home.tceq.state.tx.us/internal/enforcement/cceds/ccedsug.hbW
Contract Amendment 1 Contract No.582-6-74392
Page 2
��"�y Cn
• Vapor Recovery Test Procedures Handbook,RG-399,November
2002. Available on the TCEQ web page at:
http://www.tceq.state.tx.us/comm exec/forms_pubs/pubs/rg/rg-399_203073.pdf
• Updated Guidance for Determining Maximum Allowable
Operating Rates and Requesting a Retest (02/21/05). Available by
hard copy.
• 30 TAC, Chapter 111,Investigation Protocol, rev 1.0.
The following documents are available on FODWEB at http://ntcfut/fod/.
To obtain the document, click on Search and Links,then click on Search
and type in the document name:
• Enforcement Initiation Criteria,rev 10.0.
• FODSOP Investigation Guidance Field Operations Division
Standard Operating Procedures(FODSOP), rev September 1,
2005.
• Exceptions Report Guidance, rev 1.0.
• "Format for Air Investigations Reports"memorandum,November
18, 2004.
• CCEDS Guidance from FODWEB.
• EPA Compliance Monitoring Strategy.
• RIBIS -Air Program(Risk Based Investigation Strategy for Air)
• Risk Based Investigation Strategies (Field Operations Division)
• Written Exit Interview Implementation Guidance.
• Guidance Document for Field Operations Division Investigations
of Complaints.
• PST Investigator Manual, FODSOP Appendix 29.
• Chapter 116 (Investigation Protocol)
• OpLeaks Package
Contract Amendment 1 Contract No.582-6-74392
Page 3
CIT ���JH RUOLY
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• Outdoor Burning
• Oxygenate and Reid Vapor Pressure Test Methods
• Emissions Events Investigations Protocol, Revised November 22,
2004.
• Permit Compliance Certification(30 TAC Chapter 122
Investigation Protocol)
• Stage II portion of the TCEQ Compliance Monitoring Strategy
• Guidance for the Review of Non-Reportable Emissions Events
Records Required Under 30 TAC Chapter 101 (relating to
Emissions Event Reporting and Record keeping Requirements).
(04/06/11)
• Authorization for Emissions Under Permit by Rule, 30 TAC
Chapter 106. (04/11/05)
• Field Citation(Provides guidance and related documents and
forms for the field citation program.)
• FY06 Typecodes (Air investigation typecodes and definitions)
• Waste Workplan Definitions FY06 (Investigation typecodes and
definitions)
Exhibits:
• Exhibit A-21: Local Air Program Work Plan
• Exhibit A-22: Work Plan Pricing Matrix
5. The Scope of Work Section, Paragraph 4.2.2.1 is hereby amended in its entirety to read as
follows:
4.2.2.1 The PERFORMING PARTY will prepare and submit a detailed proposed Work
Plan in the form of Exhibit A-21. When developing the Work Plan the
PERFORMING PARTY shall select the number and type of investigations
consistent with the Compliance Monitoring Strategy and Risk Based Investigation
Strategy of the TCEQ effecting maximum benefit for air pollution control
consistent with TCEQ objectives. Planned investigations conducted at the same
Contract Amendment 1 Contract No. 582-6-74392
Page 4
J ;,J`. 0
site in successive fiscal years may only be scheduled for such repeat planned
investigations where the Compliance Monitoring Strategy and Risk Based
Investigation Strategy requires such or after prior approval by the TCEQ. TCEQ
may approve of all or part of the activities proposed in the submitted Work Plan.
Approval will be in the form of a written Notice to Proceed that will document
the portion of the Work Plan that was approved. Upon approval, PERFORMING
PARTY may recover reimbursable costs for the completion of approved Work
Plan activities.
6. The Scope of Work Section, Paragraph 4.2.3 is hereby amended in its entirety to read as
follows:
4.2.3 Maintain Lists of Sources. The Performing party shall develop and maintain a
census of sources subject to recurring planned investigations resulting from
applying the Compliance Monitoring Strategy and Risk Based Investigation
Strategy for the Air and Waste Programs.
7. The Scope of Work Section, Paragraph 4.2.4 is hereby amended in its entirety to read as
follows:
4.2.4 Unless otherwise specifically directed in writing by TCEQ, an investigation is
considered a"complete work task"only after it is an approved investigation in
CCEDs. The PERFORMING PARTY shall only invoice"complete"
investigations.
8. The Scope of Work Section,Paragraph 4.2.5.4 is hereby amended in its entirety to read as
follows:
4.2.5.4 Contingent upon Commission approval, subsequent direction by TCEQ and
agreement by the PERFORMING PARTY,the PERFORMING PARTY shall
issue Field Citations on violations detected during any Work Plan related
investigation for which the performing party is responsible and for which the field
citation program applies.
9. The Scope of Work Section, Paragraph 4.2.10 is hereby amended in its entirety to read as
follows:
4.2.10 Training and qualification for investigators may include, but is not limited to:
10. The Scope of Work Section,Paragraph 4.2.10.5 is hereby amended in its entirety to read
as follows:
Contract Amendment 1 Contract No.582-6-74392
Page 5
4.2.10.5 Prior to implementing the Field Citation Program in accordance with
paragraph number 4.2.5.4. of the Scope of Work,the PERFORMING
PARTY shall obtain training related to the TCEQ Field Citation Program.
It shall be the responsibility of the PERFORMING PARTY to identify and
obtain any necessary safety training.
All conditions and requirements of Contract 582-6-74392 that are not addressed in Contract
Amendment Number One shall remain unchanged and are not affected by this Amendment.
Texas Commission on Environmenta ality (TCEQ)
Signature :
Printed Name :
Title : �(�QU'f'y �1 E49 U.7IV?,
Date : -7y��
The City of F Worth
Signature:
Printed Name : (. l a Ry k1 pa SO 10
Title : M AG�2
Date : �+
Contract Amendment 1 Contract No. 582-6-74392
Page 6
9
APPROVED AS TO FORM & LEGALITY:
By rL - 6�4q
Title: Asst. City Attorney
ATTEST:
By fNA
Printed Name: Marty Hendrix
Title: City Secretary
Date: cdao Rccu
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Page 1 of 2
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 7/18/2006 - Ordinance No. 17058-07-2006 & 17059-07-2006
DATE: Tuesday, July 18, 2006
LOG NAME: 52TCEQAMENDMT REFERENCE NO.: **C-21573
SUBJECT:
Adoption of Appropriation Ordinances and Approve Amendment to Interlocal Agreement with the
Texas Commission on Environmental Quality for FY 2006-2007 Air Pollution Control Services
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to execute an amendment to City Secretary Contract Number 32354 with
the Texas Commission on Environmental Quality (TCEQ) increasing the not to exceed amount of the
contract from $549,100.00 to $552,563.00;
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Grants Fund by $ 3,463.00 in FY2006-2007, subject to receipt of an executed amendment; and
3. Adopt the attached appropriation ordinance increasing in-kind in the Grants Fund by $1,705.78 in
FY2006-2007, subject to receipt of an executed amendment.
DISCUSSION:
Since FY1991-1992, the City has entered into an annual agreement with the TCEQ for the City to provide
certain air-pollution control services within Fort Worth. The services provided include complaint
investigation, new source review and comment, annual inspections at Volatile Organic Compound (VOC)
sources, used car emissions inspections, and Stage II Vapor Recovery System inspections at area
gas stations.
The original Interlocal Agreement provided $549,100 in funding for FY 2005-06 and 2006-07 ($274,550 for
each year). This amendment increases the funding for FY2006-07 by $3,463.00 to $278,013.00 and
requires an additional in-kind match of $1,705.78. A portion of the Air Quality Section's General Fund
Budget for FY 2006-2007 will be used for the required in-kind match. The amendment also reflects minor
changes to the General Conditions and Scope of Work Section of the agreement.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon approval of the above recommendations and adoption of the
attached appropriation ordinances, funds will be available in the current operating budget, as appropriated,
of the Grants Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
G R76 451543 052412040000 $3,463.00
G R76 5 $3,463.00
()LRIOUS) 052412040030
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 11/8/2006
Page 2 of 2
GR76 488279 052412040000 $1,705.78
GR76 517040 052412040040 $1,705.78
Submitted for City Manager's Office Libby Watson (6183)
Originating Department Head: Brian Boerner (6647)
Additional Information Contact: Michael Gange (6569)
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 11/8/2006