HomeMy WebLinkAboutContract 35566STATE OF TEXAS
COUNTY OF TRAMS
Contract Amendment 2
SECRETARY
CONTRACT NO .,
Contract No. 582-6-74392
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. ARTICLE 2, AGREEMENT TERMS
In accordance with Article 2 AGREEMENT TERMS, the Parties agree to extend the Contract
for an additional period of twelve (12) months. The Expiration Date of the Contract, as
amended, is August 31, 2008.
2. ARTICLE 3, AGREEMENT AMOUNT
By this Amendment, TCEQ and the PERFORMING PARTY agree to add the sum of Two
Hundred and Seventy Eight Thousand and Thirteen Dollars ($278,013.00) for services
performed in the period of September 1 2007 through August 31 2008
3.1 TCEO and PERFORMING PARTY agree that the maximum amount to be paid
by TCEQ for completion of the work shall not exceed Eight Hundred and Thirty
Thousand and Five Hundred and Seventy Six Dollars ($830,576.00) over the total
Agreement term, as extended by this amendment. This total amount is limited to
the fiscal year expenditures expressed below, unless the parties amend this
amount in accordance with the Agreement Documents.
Original Agreement Amount $5499100.00 RECEIVED
FY06 Total $274,550.00
'JUL 2 4 A101
FY07 Total $278,013.00 TCEQ
FY08 Total $278,013.00 FIELD QPERAT(ONS
Total Agreement Amount as amended
Contract Amendment 2
Page 1
$8309576.00
Contract No. 582-6-74392
.Article 3, AGREEMENT AMOUNT, Paragraph 3.2, is amended to read as follows:
3.2. The term "Local Air Program" is defined as the eligible local air pollution
program conducted by PERFORMING PARTY under Section 382.0622, Texas
Health and Safety Code. The total combined federal and state share of the
funding for the PERFORMING PARTY's Local Air Program (including the state
funds under this Agreement) shall not exceed 67% (sixty-seven percent) of the
PERFORMING PARTY's total cost for the program; with the local share being
based on the local dollars allocated pursuant to maintenance -of --effort
requirements for federal air pollution grants. The PERFORMING PARTY must
provide matching funds such that the combined federal share, derived from
Section 105 funding, and the state share, derived from the current Appropriations
Act (Rider 5), shall not exceed 67%, or the total amount of this contract may be
reduced proportionately so that this condition is met.
GENERAL CONDITIONS OF THE TCEQ STATE FUNDED GRANT AGREEMENT
4. 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 9.9 of ARTICLE 9 of
this Agreement (related to Notice).
As an attachment to the final 1UY08 invoice, PERFORMING PARTY shall submit
an actual Budget Expenditures Analysis detailing PERFORMING PARTY's
expenditures, including a breakdown of the Local Air Program matching
requirements (33%) as prescribed by the current Appropriations Act (Rider 5) and
Article 3, Paragraph 3.2, of this Agreement.
Upon submittal of the signed contract amendment #2 for FY08, PERFORMING
PARTY shall provide an estimate of FY08 expenditures including a breakdown
of the Local Air Program matching requirements (33%) as prescribed by the
current Appropriations Act (Rider 5) and Article 3, Paragraph 3.2, of this
Agreement.
Contract Amendment 2 Contract No. 582-6-74392
Page 2
SCOPE OF WORK SECTION
5. 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, 2007 for fiscal year
2008.
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 Il 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.
6. 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:
• TCEQ Records Management, Chapter 10. Available at:
http•//home tceq state.tx.us/internaUadmin/ir/recordsm�mt/recordsmanual.htn�l
• Enforcement Standard Operating Procedures (SOP). Available at:
http://home.tceq. state.tx.us/cgi-bin/internaUenforcement/listofapp.pl
• Comprehensive Compliance and Enforcement Data System
(COEDS) User Manual. Available at:
http://home.tceq, state.tx.us/intemal/enforcement/cceds/ccedsug.html
• Vapor Recovery Test Procedures Handbook, RG-399, December
2002. Available at:
http://www,tceq.state,tx.us/comet exec/forms'pubs/pubs/rg/rg-399_203073.pdf
Contract Amendment 2 Contract No. 582-6-74392
Page 3
• Open Records Decision No. 391, dated July 26, 1983
Public Information Request (PIR) -Field Operations Division SOP
(on FODWEB); and TCEQ PIR SOP. Available at.
http://home.tceq,state.tx.us/intemal/admin/opp/docs/13-02_opp.pdf
The following documents are available on the Field Operations Web Page
(FODWEB) at hgp:Hmscfprd.fod To obtain the document, click on
Search and Links, then click on Search and type in the italicized
description of the document:
• General Description and Guidance for Investigations, September
1, 2006.
• Enforcement Initiation Criteria, rev 10.0.
• Air Program Investigator's Manual, see most recent version.
• FOD SOP Investigation Guidance, Field Operations Division
Standard Operating Procedures rev September 1, 2005.
• Exceptions Report Guidance, rev October 2, 2001.
• Investigation Report Format, "Format for Air Investigations
Reports" Memorandum, November 18, 2004.
• CCEDS and Crystal Guidance. See multiple guidance documents.
• TCEQ Compliance Monitoring Strategy. See most recent version.
• Risk Based Investigation Strategy (RBIs), Air Program Guidance.
• Risk Based Investigation Strategy, Waste Program Guidance.
• Written Exit Interviewlmplementation Guidance, June, 25, 2004.
• Complaints-FODSOP Guidance Document for Field Operations
Division Investigations of Complaints, July 13, 2006.
• PST Investigator Manual, see most recent version.
Contract Amendment 2 Contract No. 582-6-74392
Page 4
• Chapter 116 (NSR Level 1, 2, & 3), Investigation Protocol, July 155
2000.
• Op -Leaks Forms Package, rev. October 23, 2001.
• Oxygenate and Reid Vapor Pressure Test Methods.
• Investigation Protocol (for Emissions Events), rev. November 22,
2004.
• Permit Compliance Certification (30 TAC Chapter 122
Investigation Protocol), rev. July 15, 2000.
• Maximum Allowable Operating Rates & Requesting a Retest -
"Updated Guidance for Determining Maximum Allowable
Operating Rates and Requesting a Retest" Memorandum, February
21, 2005.
• Revision to the State Implementation Plan (SIP) for the Control of
Ozone Pollution and Stage H Vapor Recovery, rev. March 23,
2005. Available in hard copy.
• Non -Reportable Events Investigations, "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)" Memorandum, April 6, 2005.
• Permits by Rule, "Authorization for Emissions Under Permit by
Rule, 30 TAC Chapter 106 Memorandum, April 11, 2005.
• Field Citation (Provides guidance and related documents and
forms for the field citation program.)
• (Current FY) Activity Typecodes (Air investigation typecodes and
definitions)
• (Current FY) Waste Workplan Definitions (Investigation typecodes
and definitions)
Exhibits:
• Exhibit A-21: Proposed Local Air Program Work Plan
• Exhibit A-22: Approved Local Air Program Work Plan and
Pricing Matrix
Contract Amendment 2
Page 5
Contract No. 582-644392
7. The Scope of Work Section, Paragraph 4.2.2. 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 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.
8. 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.
9. 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 Comprehensive Compliance Enforcement Data
System (CCEDs). The PERFORMING PARTY shall only invoice
"complete" investigations.
Contract Amendment 2
Page 6
Contract No. 582-6-74392
10. The Scope of Work Section, Paragraph 4.2.5. is hereby incorporated 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.
11. The Scope of Work Section, Paragraph 4.2.10 is hereby incorporated in its entirety to read
as follows:
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.
Contract Amendment 2
Page 7
Contract No. 582-6-74392
All conditions and requirements of Contract 582-6-74392 that are not addressed in Contract
Amendment Number Two shall remain unchanged and are not affected by this Amendment.
Signature:
Printed Name:
Title:
Date:
Signature:
Printed Name: r i h hy �t c r� n
Date: 7,>> �r�n 2997
rVe, z r"
Contract Amendment 2 Contract No. 582-6-74392
Page 8
APPROVED AS TO FORM &LEGALITY:
By
Title: Assistant City Attorney
ATTEST:
Printed Name: Marty Hendrix
Title: City �ecretary
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State Contract Number 582-6-74392
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MEMORANDUM TO THE RECORD:
TO: CONTRACT FILE N0.35566
DATE: July 20, 2007
FROM: Marty Hendrix, City Secretary
SUBJECT: REQUEST TO FILE "COPY"
AMENDMENT NO. 2 OF CSC NO
ON ENVIRONMENTAL QUALITY
AIR PROGRAM WITH REQUIRED
2007
BACKGROUND
OF AN EXECUTED CONTRACT
. 32354 WITH TEXAS COMMISSION
(TCEQ) FOR FY 2007-2008 LOCAL
M&C C-22251 ADOPTED JULY 171
The original Interlocal Agreement provided $549,100 in funding for FY 2005-06 and 2006-07 ($274,550 for
each year). The first amendment to this contract approved by Council on July 18, 2006 (M&C C-21573)
increased funding by $3,463,00, This second amendment increases the funding for FY 2007-2008 by
$278,013.00 to $830,576.00 and requires an additional in -kind match of $136,932. The City must provide
matching funds such that the combined federal and state share of the total funding for the City of Fort Worth
Local Air Program shall not exceed 67 percent. A portion of the Air Quality Section's General Fund Budget for
FY 2006-2007 and FY 2007-2008 will be used for the required in -kind match. The amendment also reflects
minor changes to the General Conditions and Scope of Work Sections of the agreement.
Upon approval and acceptance of the grant, City funds will be expended before receipt of grant funds.
AUTHORIZATION FOR CONTRACT NUMBER
Per the direction of Assistant City Attorney Christa Lopez, the City Secretary's Office
has been requested to issue a contract number and place in the City of Fort Worth's
official contract files the attached "copy" of the Amendment No. 2 to CSC #32354 with the
Texas Commission on Environmental Quality (TCEQ) with the State of Texas to provide
funding for the FY 2007-2008 Local Air Program. Due to the fact it is a copy and not the
original document.
This request has been approved and a contract number issued.
INTER -OFFICE CORRESPONDENCE
DATE: July 17, 2007 Ij
TO: Libby Watson, Assistant City Manager
THRU: Christa Lopez, Law Department G�
THEN TO: Marty Hendrix, City Secretary
RETURN TO: Tara Sims, Environmental Management
SUBJECT: Execution of Amendment No. Two to City Secretary Contract No.
32354 with Texas Commission on Environmental Quality (TCEQ)
On July 17, 2007, City Council authorized execution of Amendment No. Two to City
Secretary Contract Number 32354 with the TCEQ increasing the not to exceed amount
of the contract from $552,563.00 to $830,576.00. The amendment also reflects minor
changes to the General Conditions and Scope of Work Sections of the agreement
Enclosed for execution are four copies of an Amendment to City Secretary Contract No.
32354.
Please return all four copies to Environmental Management for execution by the State.
Sho ou have any questions, please call meat extension 6102.
a
Tara Sims