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HomeMy WebLinkAboutContract 49671-A3 CITY SECRETARY CONTRACT NO. A 3 _ CITY OF FORT WORTH-105 CONTRACT NUMBER 582-18-80091 AMENDMENT$ AMENDMENT NUMBER 3 The Texas Commission on Environmental Quality (TCEQ) and the City of Fort Worth (Performing Party) agree to amend Contract Number 582-18-80091• (Contract) in accordance with General Terms and Conditions, Section 1.2, to revise the cost budget sheets for Fiscal Year 2018 and Fiscal Year 2019 (FY18 and FY19) and the Scope of Work (SOW). In addition, FY18 funds will be reduced by $10,462.04 and FY19 funds will be increased by $10,462.04. The two-year total combined funding for FY18 and FY19 remains unchanged. Performing Party will continue to operate and maintain four continuous air monitoring stations(CAMS)in the Fort Worth,Texas area. The following outlines the changes in this amendment: The Original Contract Amount(FY18 -FY19) $206,934.00 Contract Amendment 1 (FY18 -SOW Revision) $0.00 Contract Amendment 2(FY18 -VIN Correction) $0.00 Contract Amendment 3 (FY18-FY19-Budget/SOW Revision) $0.00 The Total Contract Amount $206,934.00 1. TCEQ has revised the Scope of Work and incorporated it in its entirety as Attachment A of this amendment and is effective upon execution of this Amendment. 2. TCEQ has revised the Cost Budget Sheets for FY18, as set out in Attachment B, and FY19, as set out in Attachment C. All other conditions and requirements of Contract Number 582-18-80091 remain unchanged. Texas Commission on City of Fort Worth Environmental Quality BY- Y'B . Authorized Signature &f Authorized Signature 7ulie Eldredge Y/1 �rL tit�1G`CZ�-1 Printed Name Printed Name Manager,Ambient Monitoring Section r Wh-tt' OLT! P4A,�� Title pp Title A-b Date Date QF.FR7�'ji PROVED AS TO FOR AND LEGALITY: `= CITY ATTORNEY . J. Kayse , ty ecre OFFICIAL REC®RF XAS CITY SECRETARY' FT, WORTH,TX Crry of Four WORTH-105 CONTRACT NUMBER 582-18-80091 AMENDMENT$ ATTACHMENT A SCOPE OF WORK I.FACTS/PURPOSE The Performing Party will operate, support,and maintain the air monitoring stations listed below in Table I.A,in accordance with 40 Code of Federal Regulations(CFR)Parts 50 and 58,the effective Texas Commission on Environmental Quality(TCEQ)quality assurance project plan(Q,APP)pertaining to the State or Local Air Monitoring Stations(SLAMS)/Photochemical Assessment Monitoring Stations(PAMS)/National Core(NCore)/Border and Federally Funded Special Purpose Monitor(SPM)network,equipment standard operating procedures(SOPs), and the Preventive Maintenance Instructions(PMI) Manual.Documentation is available upon request. Table I.A lists monitoring equipment(excluding related support equipment) and air monitoring stations operated,supported, and maintained under this contract. Table LA:Equipment .Station :rW , e � Keller Alta Vista Road,Fort O, continuous Worth SR continuous AQS#48-439-2003 met continuous CAMS 17 Arlington Municipal 5504 South Collins NO/N0,1NO. continuous Airport Street,Arlington 03 continuous AQS#48-439-3011 CAMS 61 SR continuous met continuous Eagle Mountain Lake 14290 Morris Dido O, continuous AQS#48-439-0075 Newark Road,Eagle SR continuous CAMS 75 Mountain met continuous California Parkway 1198 California CO continuous North Parkway North,Fort NO/NO,/NO. continuous AQS#48-439-1053 Worth CAMS 1053 met continuous *-number AQS-Air Quality System CAMS-continuous air monitoring station CO-carbon monoxide FRM-federal reference method met-meteorological equipment with sensors for monitoring temperature,wind speed,and wind direction NOIN0.1NO.-oxides of nitrogen;includes nitric oxide(NO)and nitrogen dioxide(NO,) o,'-ozone SR-solar radiation 2of21 CrrY OF FORT WORTH-105 CONTRACT NUMBER 582-18-80091 AMENDMENT g U.ADMINISTRATION REGULATIONS A. Grants This contract is contingent on continued federal funding through grants awarded under Section 105 of the Federal Clean Air Act. B.Budget-Change Request As needed, the Performing Party shall submit to the TCEQ Network Coordinator a budget change request with a revised cost budget sheet including a brief justification. The TCEQ will provide comments, deny,or approve the request.Budget changes are required for: • cumulative transfers among direct cost categories not to exceed 10 percent(%)of the total costs for the current year's budget; • transfers of funds allotted for training; • changes in key personnel in cases where specified in an application or grant award; or • subcontracting those activities which are central to the purposes of the award. C.Contract Amendments As needed, the Performing Party shall submit to the TCEQ Network Coordinator a request for a contract amendment with a revised cost budget sheet,if necessary.The TCEQ will provide comments, deny, or approve the request.If approved, a contract amendment will be initiated by the Network Coordinator.A contract amendment shall be required for: • cumulative transfers among direct cost budget categories that exceed 10% of the total current year's budget;or • when extra funds are available from other local program(s) to be used by the Performing Party. As needed, and as agreed upon by both parties,the TCEQ may perform a contract amendment to account for changes to the stations and/or equipment listed in Table LA.Performing Party shall return signed contract amendment within 30 days of receipt. D.Purchase of Items Over $1,000.00 per unit • Prior to purchase, the Performing Party must submit a request and justification to the TCEQ Network Coordinator for approval to purchase items with a unit acquisition cost of$1,000.00 or more. • Within 30 days of the start of the fiscal year,the Performing Party shall submit an equipment replacement plan for all scheduled equipment replacement. E.This contract details work to be performed in fiscal years(FY) 2018 and 2019. • FY 2018 begins September 1, 2017, and ends August 31; 2018. • FY 2019 begins September 1, 2018, and ends August 31, 2019. F. Calendar quarters are defined as: • 1"quarter:January-March • 2id quarter:April-June' • 3n4 quarter:July-September • 4te quarter:October-December G.Fiscal and seasonal quarters are defined as: 3Of21 Cray Ow FORT WorrH-105 CONTRACr NUMBER 582-18-80091 .AMENDMENT$ • 1"quarter. September-November • 2.4 quarter:December-February • 3rd quarter:March-May • 411 quarter:June-August H. Quality Assurance/Quality Control Assessments On an ongoing basis,both the TCEQ and the United States Environmental Protection Agency(U.S.EPA)reserve the right to assess monitors operated by the Performing Party,which includes performance evaluation,inspection, surveillance,peer review,or audit. Such assessments are expected to be announced and coordinated with the Performing Party's staff. III.TCEQ RESPONSIBILITIES/DESIGNATION OF STAFF A.Provide all monitoring equipment,parts,supplies, and consumables needed for operation,repair,and maintenance of all air monitoring equipment,including replacement of unserviceable equipment. B:Provide contract oversight and act as a liaison between the Performing Party and the EPA. C.Provide contract related documents such as SOPS, QAPPs,business practices, PMIs, or TCEQ guidance documents when requested by the Performing Party. Where the Performing Party chooses to develop and maintain its own quality documents, the TCEQposts those documents on the internal web page during the term of the contract and includes them in the project QAPPs. D.Provide the Performing Party staff with individual virtual private network(VPN) access accounts to check the site status remotely and update electronic operator logs via the TCEQ internal status report webpage during the term of the contract. E.Provide limited 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 5:00 PM CST on standard business days. F.Conduct annual air monitoring station field audits.' G.Designate staff to provide contract oversight. • Holly Landuyt(512) 239-1762 is the Network Coordinator and point-of- contact for this contract. • Rhoshel Steib(512) 239-1733 is the Contract Specialist. Additional experienced TCEQ staff are available in the absence of those listed above. Contact information for technical staff is available upon request. IV.PERFORMING PARTY RESPONSIBILITIES A. Maintain,troubleshoot, and/or repair equipment at all monitoring sites listed in Table 1JL B. At a minimum,provide one primary operator with at least 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. 4 Of 21 CITY of FORT WORTH-105 CONTRACT NUMBER 582-18-80091 AMENDMENT$ C. Designate a.project representative who receives communications from the TCEQ,manages the work being performed, and acts on behalf of the Performing Party as an authorized.representative.,Participate In monthly phone calls with the TCEQ Network Coordinator. Calls will be scheduled as agreed upon by both parties and documented in writing by the TCEQ Network Coordinator. D. 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. E. Communicate effectively and promptly with TCEQ technical staff to troubleshoot malfunctioning equipment.Address all warnings and failures as soon as detected, or no later than the next business day. F. Ensure at least one operator is present during all TCEQ assessments or site visits.At least one assessment per year should be expected.More frequent assessments may occur if significant or persistent data quality issues occur. If the data quality objectives are not met, the Performing Party must produce a corrective action plan in writing,within 30 days of notification or set deadline,including: a. an assignable root cause for not meeting this specification; b. the programmatic impact; c. specific corrective actions taken or planned to address the nonconformance; d. specific corrective actions taken or planned to prevent recurrence; e. a timeline for completing each action; f. the means by which corrective action completion will be documented; g. the means by which corrective action'will be verified as effective;and h. the individual(s)responsible for implementation. G. Operate monitoring equipment according to federal regulations, established applicable SOPS,PMIs, QAPPs, and any other guidance documents.This documentation is available upon request. H. Operate air monitoring equipment according to Table VIH.A and ensure the deliverables listed are performed adequately and on time.Document completion and submit deliverables in the manner listed in Table VIH.A. I. 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,notify the TCEQ Network Coordinator upon discovery.VPN access accounts are issued to individuals annually and must not be shared amongst Performing Party's staff. J. Reply in writing to all TCEQ requests by set deadlines.Promptly respond to and comply with verbal and written guidance from the TCEQ Network Coordinator and technical support staff K. -Document all site activities in the electronic operator log,including but not limited to requirements listed in SOPs, before leaving a site where access to electronic log is available or within twos business days where site access to electronic logs is not available. L Ensure the date of certification all equipment and gas cylinders is current. Prior approval is required to use any expired equipment or cylinders. 5Of21 Cast of Four WORTH-105 CONTRACr NUMBER 58s-18-80091 M. Document all equipment and gas cylinder changes in Hardware Tracker within two business days of the change. N. Request TCEQ approval prior to all travel related to this contract. Once approved,make travel arrangements and cover expenses for staff to attend all requested trainings, demonstrations of competency, and meetings. 0. 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. P. 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. Q. Notify the TCEQ Network Coordinator 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. R. 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. S. Complete the Basic Siting Criteria checklist every six months, and submit a copy to the TCEQ Network Coordinator, and notify the TCEQ Network Coordinator of any non-conformance or obstructions to the monitoring path upon discovery. T. Complete the CAMS Operator and Safety Checklists on a monthly basis and notify the TCEQ Network Coordinator about any non-conformance upon discovery. U. Identify, obtain, and document any necessary safety training annually. Ensure all training is documented and records are maintained for a minimum of five years and provided to the TCEQ Network Coordinator upon request. V. Provide logistical support related to relocating or establishing a new air monitoring site:This may include,but is not limited to,locating a new site, providing access to contractors and utility companies for site construction, and reviewing and documenting site construction activities. W. Contract with a TCEQ approved National Environmental Laboratory Accreditation Program(NELAP) accredited analytical laboratory using only accredited methods for analysis of non-continuous samples if samples are not analyzed by the TCEQ X. Match TCEQ expenditures by contributing 33%of the total project costs. Ensure each invoice includes supporting documentation demonstrating that the Performing Party-is contributing the required match for the period specified on the invoice. Y. Obtain TCEQ's written approval prior to allowing third party access to a monitoring site.The TCEQ may request the names and titles of individuals 6of21 CrrY OP FORT WORTH-105 CONTRACT NUMBER 582-18-80091 AMENDMENTS seeking approval to enter a site and a schedule of the dates and times when site visits are anticipated. Z. Obtain TCEQ's written approval prior to adding any non-TCEQ equipment to a site.The TCEQ may request a summary of the equipment sought to be added and its impact,if any,on existing TCEQ equipment and siting criteria. V.DESCRIPTION OF DELIVERABLES The Performing Party must operate and maintain the air monitoring stations listed in Section I according to all applicable federal regulations and all effective TCEQ QAPPs,SOPs, and PMIs,as well as any additional guidance provided by the TCEQ Network Coordinator to meet existing, and future,federal and state air monitoring requirements.TCEQ documents can be accessed through the TCEQ Rhone page and are also available upon request. VI.ACCEPTANCE CRITERIA A.The Performing Party is required to provide the TCEQ with at least an 85 % 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. B.Failure to meet 85%quarterly data returns without assignable cause may result in discretionary payment reductions. 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.Any payment adjustment made under this section is cumulative with all other remedies, and non-compliance issues may require additional corrective action. C.The parties agree that the following payment reductions represent a reasonable calculation of damages to the TCEQ in the event that the Performing Party fails to meet the required 85%quarterly data return without an assignable cause. a. The TCEQ may reduce payment to the Performing Party for a non- compliant quarter by up to 25% of the total amount invoiced. b. Payment reductions made under this section may not reduce the total amount paid to Performing Party for an entire fiscal year by.more than 25%of the total amount invoiced.After receipt of the fourth quarter invoice, TCEQ will perform an accounting of all payment reductions and make necessary adjustments to the final payment to ensure that Performing Party is paid at least 75% of the total amount invoiced for the fiscal year. VII.ANNUAL VENDOR PERFORMANCE EVALUATION Failure to meet contract deliverables will be noted and documented in the TCEQ Network Coordinator's annual performance evaluation of the Performing Party, and may determine the continuation of this contract. 7 of 21 CrrY of FORT WORTH-io5 CoNTRAcr NUMBER 582-18-80091 AMENDMENT g VIII.SCHEDULE OF DELIVERABLES The Performing Party must provide the deliverables listed in Table VIII.A to the TCEQ in accordance with the noted timeframes. Table VIII.A:Contract Deliverables Deliverables uipme . OEM ry offs ;arid a b` , <u Quality NO/NO,/NO., As part of the SLAMS network, TCEQ Network Assurance 0,,met, SR participate in all reviews of the Coordinator Project Plan SLAMS QAPP.Submit (QAPP)Review revised/updated appendices detailing any deviations in the Performing Party's implementation of the TCEQ OAPP,or a certification that no changes were made,within 30 days,of the request from the Network Coordinator. • By mutual agreement,the Performing Party and TCEQ may amend the QAPP as necessary to reflect changes in work to be performed under this contract to meet data quality objectives(DQOs). • Read all QAPP documents applicable to Performing Party's program and send TCEQ Network Coordinator an email"read receipt"agreeing to abide by QAPP. Quality NO/NO2/NO., • A minimum of 120 days prior to the TCEQ Network Management 03,met,SR expiration of the most current Coordinator Plan(QMP) TCEQ-approved Performing Party Review OMP,submit a draft revised QMP or a signed certification letter that no changes were made to the existing plan to the TCEQ Network Coordinator. • Ensure the QMP adheres to U.S.EPA Requirements For Quality Assurance Project Plans(QA/R2). • By mutual agreement,the Performing Party and TCEQ may amend the QUIP as necessary to reflect changes in work to be performed under this contract to meet DQOs. • QMPs are reviewed on a biennial basis. 8of21 CrrY OF FORT WORTH-105 CONTRACT NUMBER 582-18-80091 AMENDMENT$ DeTiverablQ xEqui ant' Su o slis atl J efr Data NO/NO2/NO„ Collect and monitor continuous LEADS via VPN or Collection 0,,met,SR 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. Equipment NO/NO2/NO., • Respond to equipment warnings, TCEQ Network Failure 0,,met,SR failures or malfunctions by visiting Coordinator, Response the site on the same day if feasible, Equipment Support but no later than the next business Workgroup(ESWG), day. and • Notify TCEQ in writing within one Leads via VPN business day of problem resolution. • Document all equipment actions and subsequent resolution in the electronic operator log and hardware tracker. Equipment NO/NOWNO„ . Report equipment failures or TCEQ ESWG, Failure and 0,,met,SR malfunctions in writing the same Network Sample Loss day as discovered. Include Coordinator,and Report symptoms or cause of failure and Leads via VPN contact information for the Performing Party personnel immediately available to troubleshoot. • Report in writing within one business day if ariy continuous monitor fails to collect data for more than 48 consecutive hours. Include reason for data loss and corrective action plan. Laboratory NO/NO2/NO„ • Perform eight LCCs per year,two lcc@tceq.texas.gov Control Check 03 per seasonal quarter,approximately (LCC)and 45 days apart per instrument. Reports For each LCC,download a new worksheet from the TCEQ Rhone page at http://rhone4/cgl- bin/worksheet_docs.pl. • Enter all LCCs in the electronic o eratorlo accordin to the 9of21 CITY OF FORT WORTH-105 CoNTRAcr NuxB=58s-18-80091 AmEKDmEwrs `' niies S Ii�i to =Deliverable wpment-{ `ryof.T.a �_ d:_ f , :,: _ ,- T requirements listed in Section IV of this contract,identifying the analyzer,and the date of the LCC. The originator must review the worksheet for accuracy. LCC reports must be independently reviewed by someone other than the originator prior to submission to the TCEQ to ensure accuracy.The independent review must be documented. Submit LCC reports within two business days of LCC completion. If corrections are requested by the TCEQ Network Coordinator,the Performing Party will correct and return the worksheet within one business day. Preventive NO/NOWN0., . Execute the following: LEADS via VPN Maintenance O,,met,SR 3-030,Replacement of Air Instructions Conditioning Unit Return Air Filter,a (PMI) minimum of every 30 days; Completion • 4-014,Analyzer Sample Inlet Particulate Filter Replacement(O,, SO,),a minimum of every two weeks; 4-360,Ambient Sample Line Replacement,a minimum of once per year; • 5-360,Exhaust Scrubber Charcoal Replacement,a minimum of once per year; • 9-180,Zero Air Module Charcoal Scrubber Replacement,a minimum of once every six months; 10-360, Calibrator Air Inlet Filter Change,a minimum of once per year; • 26480, Climatronics F460 Temperature Boom Cleaning,a minimum of every six months; 26-360,Replacement of Wind Direction and Wind Speed Sensors or Climatronics F460 a minimum 10 of 21 CITY OF FORT WORTH-105 CoNTRAcr NuMBER 582-18-80091 AMENDMENT$ el% ra�liles.� q. pment of once per year and at failure; • 30-030,Epply Labs Black and White Pyranometer(Solar Rad)Cleaning,a minimum of every 30 days; • 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 IV of this contract. On-Site NO/NOWNO., . Respond within 24 hours of TCEQ Data Quality Quality O,,met,SR receiving audit request to Team and Network Assurance acknowledge that the request was Coordinator (QA)and received. Performance Submit completed pre-audit Evaluation(PE) questionnaires by set deadlines. Audits and End of Year . Assist TCEQ staff or U.S.EPA Questionnaire auditors on-site during all TCEQ audits and assessments. Upon notification of warnings or failures from a PE audit,take corrective action for any warnings or failures,as soon as practical,but no later than two business days after the PE audit.Notify the TCEQ Network Coordinator of the corrective actions taken within two business days of the PE audit. • Provide a corrective action plan to the Final Audit Report within 30 days,as described in Section IV, detailing all actions to correct findings.In addition,provide a written response to address any comments in the report. Site site • Maintain site free of vegetation TCEQ Network Maintenance higher than six inches and trash or Coordinator 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. 11 of 21 MT of FORT WORTii-105 CoNTRAcr NumBER 582-18-80091 AMENDMENTS IDeliu les -R-" ii�`ment umma6*1. ,`sks" efram 3u t= -- - _ .- Jam,. Z-_ :- _ Record all site maintenance in the electronic operator log according to the requirements listed in Section IV of this contract. ■ Ensure compliance with siting criteria in 40 Code of Federal Regulations(CFR)Part S8 Appendix E. ■ Complete the Siting Criteria Checklist every six months and submit to the TCEQ Network Coordinator.Notify the TCEQ Network Coordinator of any threats to siting criteria when threats occur, such as the growth of trees or construction of nearby structures. ■ Complete the CAMS Operator and Safety Checklists on a monthly basis for each site.Checklists must be kept at the site either electronically or as a physical copy.The checklists are located on the TCEQ Rhone page. ■ Notify the TCEQ Network Coordinator about any non- conformance or concern on the day of discovery. Invoice and NO/NO2/NO., ■ Submit invoices at the following TCEQ Network Release of O,,met,SR intervals: Coordinator and Claims o September-November Contract Specialist Submission ■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 31 • Submit 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.pl. Submit completed Release of Claims 12 of 21 Crff OF FORT WoRTF[-1o5 CoNTRecr NumBER 58a-18-80091 AmWDMErrr 3 `F .�..�._.. 1DeHverables pmlent : _5Taslis ffaiin snit to, .,.- .,Ao 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 an organized and detailed breakdown of all expenditures. • Invoice submittal extensions must be requested at least one week before due date. • Any inappropriate expenditure, Including items not related to the project,will result in the invoice being rejected. • If an invoice is rejected,the Performing Party must submit a revised invoice within 10 business days of rejection date. Data NO/NOWNO„ . Track and submit data TCEQ Network Completeness O,,met,SR completeness reports with invoice Coordinator and Reports submissions Leads via VPN Include description of how data completeness was determined and provide justification for data loss and corrective actions taken. Inventory NO/NO:/NO., • Notify the Network Coordinator in TCEQ Network Management O,,met,SR writing within one business day of Coordinator and Reports equipment or gas cylinder replacement or change. • Document any equipment or gas cylinder replacement or change in the electronic operator log and Hardware Tracker according to the requirements listed in Section IV 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 Network Coordinator with maintaining inventory control and with Inventory Management 13 of 21 CITY OF FORT WORTH-105 CONTRACT NumBER 58s-18-80091 AMENDMENT$ alp.riient r DeliWo slis"anl' efiairies �ubmiYt t� Awl Database(IMD)data requests. • Track and submit quarterly TCEQ asset inventory reports on the following schedule with invoice submissions o September-November ■due December 31 o December-February ■due March 31 o April-May ■due June 30 o June-August ■due September 30 Demonstration NO/NO,/NO., • Ensure all site operators TCEQ Network of O,,met,SR demonstrate passing DOCs- Coordinator Competency . Submit completed DOC forms and (DOC) supporting documentation to the TCEQ Network Coordinator for all equipment and all current operators within 30 days 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 using DOC form,available upon request from the TCEQ Network Coordinator and submit within 10 business days of completion.Maintain copies of the completed forms and any supporting documentation for a minimum of 5 years.Make this documentation available upon request. • After one operator obtains DOC from TCEQ it is the Performing Party's responsibility to DOC other* staff members within their organization according to the timelines above. FRM-federal reference method met-meteorological equipment with sensors for monitoring temperature,wind speed,and wind direction NO/NOWN0.-oxides of nitrogen;includes nitric oxide(NO)and nitrogen dioxide(NOJ 0,-ozone 14 Of 21 CTTY OF FORT WORTS-105 CONTRACT NUMBER 582-18-80091 AMENDMENT 8 site-trailer,Pence,electrical equipment,and site pad,and any encroaching vegetation SOP-standard operating procedure SR-solar radiation TCEQ-Texas Commission on Environmental Quality U.S.EPA-United States Environmental Protection Agency VPN-virtual private network 15 of 21 CITY OF FORT WORTH-io5 CONTRAcr NUMBSR582-18-80091 AMENDMENT 3 Attachment B City of Ft. Worth 105 Contract-FY18 Cost Budget Change Cooperative Reimbursement Contract for State Agencies and Local Governments 1. Budget. Authorized budgeted expenditures for work performed are changed as follows: Budget Category Current Budget Cost Amount of Cost Proposed Budget Information Change Cost Information Salary/Wages $90,708.00 -$8,527.15 $82,180.85 Fringe Benefits $35,054.00 -$2,778.49 $32,275.51 Travel $800.00 -$304.84 $495.16 Supplies $444.00 -$246.22 $197.78 Equipment $0.00 $0.00 $0.00 Contractual $0.00 $0.00 $0.00 Construction $0.00 $0.00 $0.00 Other $11,500.53 -$3,758.28 $7,742.25 Total Direct $138,506.53 415,614.98 $122,891.55 Costs Indirect Costs $15,921.47 $0.00 $15,921.47 12.66%for 6 months 21.48%for 6 months* Total Costs $154,428.00 -$15,614.98 $138,813.02 Recipient Cost $50,961.24 -$5,152.94 $4S,808.30 share 33% TCEQ $103,466.76 -$10,462.04 $93,004.72 Reimbursement Amount(67%) *The city of Fort worth maintained the 21.48%Indirect Cost Rate through the first two quarters and changed to the 12.66%Indirect Cost Rate in the last two quarters. 2. Matching Funds. This Contract requires matching funds. Performing Party must match TCEQ expenditures by contributing 33% of the total project costs as shown above. Each invoice must demonstrate that the Performing Party is contributing the required match for the period specified on the invoice 16 of 21 CITY OF FORT WORTH-105 CONTRACT NUMBER 582-18-80091 AMENDMENT$ 3. Indirect Cost Reimbursable Rate. The reimbursable rate for this Contract is 21.48% for the first two quarters and 12.66%for the last two quarters of FY18of(check one): ®salary and fringe benefits ❑modified total direct costs ❑ other direct costs base If other direct cost base, identify: N/A 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. 4. Other. If Budget Category "Other"is greater than $25,000 or more than 1096 of budget total,identify the main constituents: N/A 5. 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. 6. 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 7. Budget Control. a. Cumulative transfers equal to or less than 10%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(10%) of the i 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 10%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 10%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 10% of the Total 17 Of 21 CrrY OF FORT WORTH-105 CONT RAer NUMBER 582-18-80091 AMENDMENTS 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. 8. 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. 9. 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. 10. Indirect Costs. Performing Parry'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. 18 of 21 Crrr of FoRr WORTH-io5 CONTRACTNUMBER 582-18-80091 AmMDMEU g ATTACHMENT C City of Ft.Worth 105 Contract-FY19 Cost Budget Change Cooperative Reimbursement Contract for State Agencies and Local Governments 1. Budget. Authorized budgeted expenditures for work performed are changed as follows: Budget Category Current Budget Cost Amount of Cost Proposed Budget Information Change Cost Information Salary/Wages $105,708.00 -$10,708.00 $95,000.00 Fringe Benefits $20,054.00 $18,446.00 $38,500.00 Travel $800.00 $1,200.00 $2,000.00 Supplies $444.00 $8,056.00 $8,500.00 Equipment $0.00 $0.00 $0.00 Contractual $0.00 $0.00 $0.00 Construction $0.00 $0.00 $0.00 Other $11,355.00 -$2,213.12 $9,141.88 Total Direct $138,361.00 $14,780.88 $153,141.88 Costs Indirect Costs Indirect $16,067.00 $934.10 $16,901.10 Total Costs $154,428.00 $15,614.98 $170,042.98 Recipient Cost $50,961.24 $5,152.94 $56,114.18 share 33% TCEQ i Reimbursement $103,466.76 $10,462.04 $113,928.80 Amount 67%) 2. Matching Funds. This Contract requires matching funds. Performing Party must match TCEQ expenditures by contributing 33 percent(%)of the total project costs as shown above. Each invoice must demonstrate that the Performing Party is contributing the required-match for the period specified on the invoice. 19 of 21 Cn Y OF FORT WORTH-105 CONTRACT NUMBER 582-18-80091 AMENDMENT$ 3. Indirect Cost Reimbursable Rate. The reimbursable rate for this Contract is 12.66%of(check one): ® salary and fringe benefits ❑modified total direct costs ❑other direct costs base If other direct cost base,identify:N/A- 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. 4. Other. If Budget Category"Other"is greater than$25,000 or more than 10%of budget total,identify the main constituents: S. 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. 6. 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 7. Budget Control. a. Cumulative transfers equal to or less than 10%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(10%)of the Total Budget amount. Performing Party must timely submit a Budget Revision Request(ERR) 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 10%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 10%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 10%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. 20 Of 21 CITY OF FORT WORTIi-105 Com=Acr NumBER 582-18-80091 AMENDmErTr 3 c. Performing Party may not transfer amounts to budget categories containing zero dollars without TCEQ pre-approval in wilting. 8. 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. 9. 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. 10. 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 unreirribursed 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. 21 of 21 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. r Anthony Williams. NAME SIG Environmental Supervisor TITLE 0 This form is N/A as No City Funds are associated with this Contract Printed Name Signature I i YICIAL RECORD ! ,.&,TY SECRETARY FT WORTH,TX City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 9/12/2017 -Ordinance No.22864-09-2017 DATE: Tuesday,September 12,2017 REFERENCE NO.: **C-28367 LOG NAME: 23AIR MONITORING PM10 GRANT TCEQ CONTRACT FY18 THRU FY19 SUBJECT: Authorize Execution of a Federally Funded Grant Agreement with the Texas Commission on Environmental Quality in an Amount Not to Exceed$308,856.00 for Air Pollution Control Services,Apply Indirect Costs at Approved Percentage Rate and Adopt Appropriation Ordinance(ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council: 1.Authorize the execution of the Texas Commission on Environmental Quality Federally Funded Grant Agreement for air pollution control services with a maximum amount of$308,856.00 for a two-year term starting September 1, 2017 through August 31,2019; 2.Authorize expense incurred from existing personnel for the City's in-kind match with an anticipated value of$101,922.00 for the two-year . term of September 1,2017 through August 31,2019; 3.Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Fund in the amount of$308,856.00 for grant years 2017-2018 through 2018-2019,subject to receipt of an executed Contract;and 4.Apply indirect costs at the most recently approved rate of 21.48 percent for the Code Compliance Department.. DISCUSSION: The City of Fort Worth operates a comprehensive air quality program under five separate,but related contracts with the Texas Commission on Environmental Quality(TCEQ).This overall program benefits the City by ensuring that facilities are in compliance with air quality regulations and by supporting reliable data collection for air pollutants.This Agreement provides for data collection from monitoring stations.If executed,this Agreement continues this program for the 2018 and 2019 fiscal years. The Texas Commission on Environmental Quality(TCEQ)is the pass-through agency for all Environmental Protection Agency(EPA)Section 105 Grant Funds.In cooperation with TCEQ,EPA Section 105 Grant Funds have been received annually by the City to maintain and operate various ambient air monitoring stations.This includes daily monitoring of ozone,oxides of nitrogen,solar radiation,and meteorological data,as well as the monitoring of volatile organic compounds and particulate matter. Upon full execution of this contract amendment,the agreement will continue from September 1,2017,through August 31,2019,with a limit in the amount of$206,934.00 for reimbursement of expenses to the City.This Agreement requires an additional in-kind match of$101,922.00,which is$50,961.00 per fiscal year.The Environmental Protection Fund provides for the required in-kind match.This contract includes the option to renew the Initial Contract for one additional two-year period upon written consent of the parties. APPROVAI CITY OF FORT DOCUMENT M&CNO. DATE TCEQ GRANT WORTH TOTAL IN-KIND Initial Pending Pending $206,934.00 $101,922.00 $308,856.00 Contract SITE NAME CAMS LOCATION CONTAMINANT DETECTION CYCLE Ozone Continuous Keller CAMS Alta Vista Road, Solar Radiation Continuous 0017 Fort Worth,Texas Meteorological Data Continuous Oxides of Nitrogen Continuous Arlington AMS 5504 South Collins Ozone Continuous Municipal 0061 Street,Arlington, Airport Texas Solar Radiation Continuous Meteorological Data. Continuous Ozone Continuous Eagle CAMS 14290 Morris Dido ountain 0075 Newark Road,Eagle Solar Radiation Continuous Lake Mountain,Texas Meteorological Data Continuous Ozone Continuous Parker CAMS 3033 New Authon County 0076 Road,Weatherford, Solar Radiation Continuous Texas Meteorological Data Continuous Johnson CAMS 2420 Luisa Lane, Volatile Organic Continuous Count Luisa 1008 Alvarado,Texas Compounds 8900 West Freeway, Particulate Every 6 Stagecoach NCAMS Fort Worth Texas Mater (<10 days microns) This grant specifically covers the operation and maintenance of five Continuous Air Monitoring Stations and one Non-Continuous Air Monitoring Station. No City funds will be expended before the contract is approved.Upon approval and acceptance of the grant and execution of the contract,City funds will be expended before receipt of grant funds. This contract will be with a governmental entity,state agency or public institution of higher education: Texas Commission on Environmental Quality. FISCAL.INFORMATION/CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinance,funds will be available in the current operating budget,as appropriated,of the Grants Fund.The Code Compliance Department will be responsible for the collection and deposit of funds due to the City.Prior to expenditure being made,the Code Compliance Department has the responsibility to validate the availability of funds.Match funding is provided from the Environmental Protection Fund. This is a reimbursement grant. FUND IDENTIFIERS(FID4: , ID Department Project Program Activity Budget Reference# Amount Fund ID Account ID Year (Chartfield 2) MOM Department Account Project Program Activity Budget Reference# Amount Fund ID ID Year (Chartfield 2) CERTIFICATIONS: Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department_Head: Brandon Bennett (6345) Cody Whittenburg (5455) Additional Information Contact: Elmer DePaula (7251) ATTACHMENTS 1. ATTACHMENT-Contract-PM10 FY18,12df (cFw IntarnaQ 2. ATTACHMENT-Manof PM10 Air Monitors.pdf (Publicl 3. ATTACHMENT-Ordiance-PM 10 Contract FY 18.docx (Public)