Loading...
HomeMy WebLinkAboutContract 51456-A1 CITY SECRETARr CONTRACT N0. 51 L 5 6 _A CITY of FORT WORTH-CAMS-PM2.5 TCEQ CONTRACT NUMBER 582-19-90039 AMENDMENT 1 AMENDMENT NUMBER 1 The Texas Commission on Environmental Quality(TCEQ) and the City of Fort Worth (City) agree to amend Contract Number 582-19-90039 to revise the Scope of Work for fiscal year 2020 (FY20), in accordance with General Terms and Conditions, Section 1.2. In addition, the term of the contract is extended to August 31, 2020,by exercising the first of three, one-year renewal options in accordance with Special Term and Conditions, Section 1, and the total compensation possible under the contract has been increased by $64,451.21 for FY20, for a total Contract value of $135,552.89. The City of Fort Worth will continue to operate and maintain four air monitoring stations (CAMS), in Eagle Mountain Lake and Fort Worth, Texas. The following outlines the changes in this Amendment: 1. The TCEQ and the City agree that the total compensation possible under this contract is increased as follows: The Original Contract Amount (FYI 9) $ 71,101,68 Contract Amendment 1 (FY20 -Renewal) $ 64,451.21 The Total Contract Amount $ 135,552.89 2. TCEQ has revised the FY20 Scope of Work and incorporated it in its entirety as Attachment A of this Amendment. 3. The TCEQ has approved the FY20 Cost Budget Sheet,hereby included in its entirety by Attachment B of this Amendment. 4. TCEQ has revised FY20 Notices, Project Representative and Records Location Form and incorporated it in its entirety as Attachment C of this Amendment. This form shows updated information for the TCEQ Project Manager. 5. The Maximum Amount of the Contract is increased to $ 135,552.89. 6. The Term of Contract is extended to August 31, 2020. All other conditions and requirements of Contract Number 582-19-90039 remain unchanged. Texas Commission on City of Fort Worth Environmental Quality By: 1 By: Authorized�Signate Authorized Signature Ramiro Garcia. Tr. Valerie Washington Printed Name Printed Name Deputy Director Assistant City Manager Office of Compliance &Enforcement Title Title Date � t"'�.�.° `- Date '' .. a f•Wi *g ' r .0� A 'tt"WED AS TO FOR LEGALITY. J RECEIVED AUG 3 0 2019 CITY OF FORT WORTH u ` o ,�slx�?nt.City Attorney F90 R CORD CITY SECRETARY a r \ r� nald P. Gonzales, s#. City FT. U9l RTH, TX CrrY OF FORT WORTH—CAMS-PM2.5 TCEQ CONTRACT NUMBER 582-19-90039 AMENDMENT 1 Attachment A SCOPE OF WORK I, FACTS/PURPOSE The Performing Party will operate and maintain air monitoring stations in Eagle Mountain Lake, and Fort Worth,Texas, 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 plans (QAPPs)pertaining to the State or Local Air Monitoring Stations (SLAMS)network and the Particulate Matter of 2.5 Micrometers or Less (PM2.$)network, equipment standard operating procedures (SOPs), and the Preventive Maintenance Instructions(PMI)Manual.This documentation is available upon request. Air monitoring stations are subject to relocation and sampler changes (including changes in sampling frequency).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.A lists all parameters and air monitoring stations operated and maintained under this contract. Additional auxiliary equipment needed for data collection is not listed. Table I.A: Equipment Station Address Equipment Type Operating Schedule Eagle Mountain Lake 14290 Morris Dido NO.,monitor continuous AQS 484390075 Newark Road, Eagle CAMS 0075 Mountain,Texas 76179 Fort Worth 1198 California PM2.5 continuous monitor continuous California Parkway Parkway North, Fort (Primary-) North Worth,Texas 76115 PMt.s continuous monitor continuous AQS 484391053 (Collocated) CAMS 1053 Haws Athletic 600 '/z Congress Street, Center Fort Worth,Texas PMzs continuous monitor continuous AQS 484391006 76107 CAMS 0310 Keller Federal Aviation NO,,monitor continuous AQS 484392003 Administration(FAA) CAMS 0017 site off Alta Vista Road, Fort Worth, Texas 76244 AQS-Air Quality System CAMS-continuous air monitoring station NO,-oxides of nitrogen particulate matter of 2.5 micrometers or less in diameter Page 2 of 17 CrrY of FORT WORTH-CAMS-PM2.5 TCEQ CONTRACT NUMBER 582-19-90039 AMENDMENT 1 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. C. Provide all site maintenance equipment(i.e.,lawnmower, edge trimmer). D. Provide shipping labels or shipping account information 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 and update electronic operator logs through the TCEQ's internal status report webpage during the term of the contract. Issuance of VPN access accounts to individuals is entirely within the discretion of TCEQ and may be denied and/or revoked with or without cause.All VPN access accounts issued pursuant to this contract will be revolted upon its expiration. 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 5:00 PM Central Standard Time (CST). H. Conduct annual air monitoring station field audits. 1. Designation of staff • Nautasha Gupta (512) 239-1722 is the Project Manager and point of contact for this contract. Additional experienced TCEQ staff will be available in her absence. Contact information for technical staff is available upon request. • Rhoshel Steib(512) 239-1733 is the Contract Specialist. III. PERFORMING PARTY RESPONSIBILITIES A. At a minimum, provide one primary operator with at least six months experience with operating,maintaining, and troubleshooting continuous and non-continuous air monitoring instrumentation and one backup site operator with similar experience. These site operators must be electrical/mechanical grade technicians capable of operating, troubleshooting, and performing maintenance on meteorological hardware and electronic monitoring equipment. Staff must be proficient with the use of Volt/Ohm meters, dry gas meters, calibration/audit equipment, and personal computers. B. 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 regular phone calls with the TCEQ Project Manager. Calls will be scheduled as agreed upon by both parties and documented in writing by the TCEQ Project Manager. C. 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. D. 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. Page 3 of 17 CITY of FORT WORTH-CAMS-PM2.5 TCEQ CONTRACT NUMBER 582-19.90039 AMENDMENT 1 E. At least one operator must be 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: • an assignable root cause for not meeting this specification; • the programmatic impact; • specific corrective actions taken or planned to address the nonconformance; • specific corrective actions taken or planned to prevent recurrence; a timeline for completing each action; • the means by which corrective action completion will be documented; • the means by which corrective action will be verified as effective; and • the individual(s)responsible for implementation. F. Operate monitoring equipment according to federal regulations, established applicable SOPS, PMIs, QAPPs, and any other guidance documents.This documentation is available upon request. G. Operate air monitoring equipment according to Table VII.A and ensure the deliverables listed are performed adequately and on time. Document completion and submit deliverables in the manner listed in Table VII.A. H. 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 Project Manager upon discovery. VPN access accounts are issued to individuals annually and must not be shared amongst Performing Party's staff.VPN access accounts issued pursuant to this contract may only be used to complete work on the sites designated herein. I. Notify the TCEQ through electronic mail of the name and termination date for any personnel that has been provided VPN access, and who is terminated or removed from work on this contract, within five days of the termination date.The TCEQ Project Manager will request the TCEQ Information Resources Division terminate all access for that person. J. Reply in writing to all TCEQ requests by set deadlines. Promptly respond to and comply with verbal and written guidance from the TCEQ Project Manager 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 the electronic -log is available or within two business days where site access to electronic logs is not available. L. Ensure the certification date for all equipment and gas cylinders is current. Equipment must be sent to TCEQ for certification prior to expiration. Prior approval is required to use any expired equipment or cylinders. M. Document all equipment and gas cylinder changes in Hardware Tracker within two business days of the change. N. Make travel arrangements and cover expenses for staff to attend all requested trainings, competency evaluations, 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. 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 Project Manager immediately of any damages due to accident or vandalism. Provide pictures,police reports, and communications to provide remedy Page 4 of 17 CITY OF FORT WORTH-CAMS-PM2.5 TCEQ CONTRACT NUMBER 582-19.90039 AMENDMENT 1 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. 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. S. 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. T. Complete the Basic Siting Criteria checklist annually and subunit a copy to the TCEQ Project Manager.Notify the TCEQ Project Manager of any non-conformance or obstructions to the monitoring path upon discovery. U. Complete the CAMS Operator and Safety Checklists monthly and note its completion in the electronic operator log.Maintain a copy on site.Notify the TCEQ Project Manager about any unresolved safety issue or non-conformance upon discovery. V. 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 Project Manager upon request. W. 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. X. Perform transitional services. Given the nature and importance of the services requested under this contract,TCEQ must maintain uninterrupted services.The Performing Party will 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; • 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 W. 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 Project Manager to meet existing, and future, federal and state air monitoring requirements. If there are discrepancies between the TCEQ SOPs and this contract, the Performing Party must contact the TCEQ Project Manager for clarification and approval.TCEQ Page 5 of JL7 Crry of FORT WORTH-CAMS-PM2.5 TCEQ CONTRACT NUMBER 582-19-90039 AMENDMENT 1 documents can be accessed through the TCEQ Rhone page and are also available upon request. V. ACCEPTANCE CRITERIA a. The Performing Party is required to provide the TCEQ with at least an 85 percent (%) quarterly data return from all monitors and samplers. If the 8S% 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 percent(%) 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. VI. ANNUAL VENDOR PERFORMANCE EVALUATION Failure to meet contract deliverables will be noted and documented in the TCEQ Project Manager's annual performance evaluation of the Performing Party and may determine the continuation of this contract. VII. SCHEDULE OF DELIVERABLES The Performing Party must provide the deliverables listed in Table VII.A to the TCEQ in accordance with the noted timeframes. Page 6 of 17 Crry of FORT WORTH-CAMS-PM2.5 TCEQ CONTRACT NUMBER 582-19-90039 AMENDMENT 1 Table VII.A: Contract Deliverables Deliverable Equipment Summary of Tasks and Tinneframes Submit to: Data Collection NO,,, PM2.t • Collect and monitor continuous ambient LEADS via VPN or continuous air data and operate non-continuous through the on-site samplers according to applicable data logger 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. Equipment NO,, PM,., • Respond to equipment warnings, Project Manager, Failure continuous failures or malfunctions by visiting the TCEQ Equipment Response site on the same day if feasible,but no Support Work Group later than the next business day. (ESWG),and LEADS via • Notify TCEQ in writing within one VPN business day of problem resolution. • Follow the TCEQs technical advice and instructions without exception when troubleshooting equipment. e Document all equipment actions and subsequent resolution in the electronic operator Iog and hardware tracker if applicable. Equipment NO,, PMz., •Report equipment failures or TCEQ ESWG, Project Failure and continuous malfunctions in writing the same day as Manager,and LEADS Sample Loss discovered. Include symptoms or cause via VPN Report 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 PM2.5 • Perform verifications monthly within gm@tceg.Mxas.gov Verification and continuous first ten business days of the month. and Project Manager Report • Perform verification procedures as defined by instrument SOPs. e For each verification,download a new worksheet from the TCEQ Rhone page at http://Rhone/cei-bin/worksheet_docs.nl. • Enter all verifications in the electronic operator log according to the requirements listed in Section III of this contract,identifying the sampler, the results,and the date of the verification. The originator must review the worksheet for accuracy. • Verification reports must be independently reviewed by someone other than the originator prior to Page 7 of 17 CITY OF FORT WoRTH-CAMS-PM2.S TCEQ CONTRACT NUMBER 582-19-90039 AMENDMENT 1 Deliverable Equipment Summary of Tasks and Timeframes Submit to: submission to the TCEQ to ensure accuracy.The independent review must be documented. Submit verification report within two business days of completion. - If corrections are requested by the TCEQ, the Performing Party will correct and return the worksheet within one business day. Quarterly Audit PM2.> - Perform quarterly PM;!.,audits,using pm@tcea.texas.gov and Report continuous unexpired audit equipment,within first and Project Manager ten business days of the quarter. Quarters are defined in instrument sops. Perform additional audits after instrument repair,modification, or replacement. - For each audit,download a new worksheet from the TCEQ Rhone at httn://rho ne/cgi-bin/worksheet_docs.of page. - Enter all audits in the electronic operator log according to the requirements listed in Section III of this contract,identifying the sampler, the results,and the date of the audit.The originator must review the worksheet for accuracy. Audit 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 audit reports within two business days of audit completion. If corrections are requested by the TCEQ the Performing Party will correct and return the worksheet within one business day. Laboratory NO, - Perform eight LCCs per year,two per Icc:@tcea.texas.gov Control Check calendar quarter, approximately 45 days and Project Manager (LCC)and apart per instrument. Report - For each LCC,download a new worksheet from the TCEQ Rhone page at htro://rhone/cgt-bin/worksh(--et_docs.t)l. Enter all LCCs results in the electronic operator log according to the requirements listed in Section III of this contract,identifying the analyzer, the results,and the date of the LCC.The originator must review the worksheet for accuracy. Page 8 Of 17 CITY of FORT WORTH-CAMS-PM2.5 TCEQ CONTRACT NUMBER 582-19-90039 AMENDMENT 1 Deliverable Equipment Summary of Tasks and Timeframes Submit to: • 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 written notification of any failed LCC to the Project Manager on the date of the failure • Submit LCC reports within two business days of LCC completion. • If corrections are requested by the TCEQ, the Performing Party will correct and return the worksheet within one business day. Preventive NO,, PM,., Execute the following: LEADS via VPN Maintenance continuous, • 4-014,Analyzer Sample Inlet Particulate and Project Manager Instruction site Filter Replacement(N0Q,a minimum of (PMI) every two weeks; Completion • 4-360,Ambient Sample Line Replacement,a minimum of once per year; • 5-360,Exhaust Scrubber Charcoal Replacement,a minimum of once per year; • 8-030a,BAM-1022 VSCC Cleaning,a minimum of 30 days; • 8-030b,BAM-10221"Stage PMI,,Inlet Cleaning,a minimum of every 30 days; • 8-090,BAM-1022Internal Nozzle Cleaning,a minimum of every three months; • 8-090a,BAM-1022 Background Testing, a minimum of every three months; • 08-180a,BAM-1022 Fan Filter Replacement,a minimum of every six months; • 8-365, BAM-1022 Pump Change,when pump vacuum measures less than 20 inches of water; • 9-180, Zero Air Module Charcoal Scrubber Replacement,a minimum of once every six months; and • any future PMIs developed for this equipment with TCEQ notification. . Enter the completion of each PMI, the PMI number,and the date of completion, in the electronic operator log according to the requirements listed in Section III of this contract. • Track PMI completion using the TCEQ PMI tracker and submit monthly by the tenth calendar day of the following month. Page 9 of 17 CrrY of FORT WORTH-CAMS-PM2.5 TCEQ CONTRACT NUMBER 582-19.90039 AMENDMENT 1 Deliverable Equipment Summary of Tasks and Timeframes Submit to: On-site Quality NO,, PM2,s • Respond within 24 hours of receiving TCEQ Data Quality Assurance(QA) continuous audit request to acknowledge that the Team,Lead QA and request was received. Specialist,and Project Performance a Submit completed pre-audit Manager Evaluation(PE) questionnaires by set deadlines. Audits • Assist TCEQ staff or U.S. EPA auditors on-site during all TCEQ audits and assessments. • When the preliminary audit report is issued, troubleshoot any warnings or failures and produce a written response within two business days. Provide a corrective action plan to the final audit report within 30 days, as described in Section III, detailing all actions to correct findings.In addition, provide a written response to address any comments in the report.If corrections are requested by the TCEQ the Performing Party will correct and return the report by the requested deadline. Site site • Maintain site free of vegetation higher Project Manager Maintenance than six 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. • Record all site maintenance in the electronic operator log according to the requirements listed in Section III of this contract. • Ensure compliance with siting criteria in 40 Code of Federal Regulations (CFR) Part 58 Appendix E. • Complete the Siting Criteria Checklist annually,submit to the TCEQ Project Manager for review,and notify the TCEQ 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 monthly and note its completion in the electronic operator log.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 Project Manager about any unresolved safety issue and non- conformance or concern on the day of Page io of 17 CrrY of FORT WORTH-CAMS-PM2.5 TCEQ CONTRACT NUMBER 582-19-90039 AMENDMENT 1 Deliverable Equipment Summary of Tasks and Timeframes Submit to: discovery. Invoice and all • Submit four quarterly and one monthly Project Manager Release of invoices at the following intervals: 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 30 • Submit completed Release of CIaims 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 by the requested date. Data all .Track and submit data completeness Project Manager Completeness reports on the following schedule: Reports o September-November ■ due December 31 o December-February ■ due March 31 o March-May ■ due June 30 o June-August ■ due October 30 • Include description of how data completeness was determined and provide justification for data loss and corrective actions taken. Inventory all • Notify the Project Manager in writing Project Manager Management within two business days of equipment and Reports 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 III of this contract. • Return Inoperable equipment, with Page 11 of 17 CITY OF FORT WORTH-CAMS-PM2.5 TCEQ CONTRACT NUMBER 582-19-90039 AMENDMENT I Deliverable Equipment Summary of Taslcs and Timeframes Submit to: 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)requests. - Track and submit quarterly TCEQ asset inventory reports on the following schedule: o September-November ■ due December 31 o December-February - due March 31 o March-May ■ due June 30 o June-August ■ due October 30 Documentation all - Ensure all site operators successfully Project Manager of Competency complete and maintain all applicable (DOC) DOCs. - Site operators must complete and submit a Contractor Competency Evaluation Form(CCEF)to the TCEQ Project Manager for all equipment within 30 days after the effective date of this contract. - If an operator is hired after the effective date of this contract, submit a CCEF for all applicable equipment within six months of the operator's hire date.The new operator may not work independently until his/her CCEF has been completed. - The CCEF is available upon request from the TCEQ Project Manager and will be submitted within ten business days of completion,Maintain copies of the completed CCEF and any supporting documentation for a minimum of five years.Make this documentation available to the TCEQ upon request. Quality all - Read all QAPP documents applicable to Project Manager Assurance Performing Party's program and Project Plan complete a QAPP Review Signature (QAPP) Form. Submit the signed form to the TCEQ Project Manager within ten business days of contract issuance and/ or QAPP revision.The signature form is available upon request from the TCEQ Project Man a er. FOSTAT all - Read all applicable FOSTAT SOPS and Project Manager Standard complete SOP Review Signature Form. Operating Submit the signed form to the TCEQ Page 12 of 17 CITY OF FORT WORTH-CAMS-PM2.5 TCEQ CONTRACT NUMBER 582-19-90039 AMENDMENT 1 Deliverable Equipment Summary of Tasks and Timefranies Submit to: Procedures Project Manager within ten business (SOPS) days of contract issuance and/or SOP revision.The signature form is available upon request from the TCEQ Project Manager, CFR-Code of Federal Regulations DOC-documentation of competency ESWG—TCEQ Equipment Support Work Group LEADS-Leading Environmental Analysis and Display System NO.-oxides of nitrogen PM:.:-particulate matter with an aerodynamic diameter less than or equal to a nominal 2.5 micrometers QAPP-quality assurance project plan site-trailer,fence,electrical equipment,and site pad,and any encroaching vegetation SOP-standard operating procedure TCEQ-Texas Commission on Environmental Quality U.S.EPA-United States Environmental Protection Agency VPN-virtual private network Page 13 Of 17 QTY of FORT WoRTH-CAMS-PM2.5 TCEQ CONTRACT NUMBER 582-19-90039 AMENDMENT 1 Attachment B City of Fort Worth 582-19-90039 Cost Budget for Fiscal Year 2020 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 $39,080.00 Fringe Benefits $18,128.60 Travel $0.00 Supplies $0.00 Equipment $0.00 Contractual $0.00 Construction $0.00 Other $0.00 Indirect Costs $7,242.61 Total $64,451.21 Indirect Cost Reimbursable Rate. The reimbursable rate for this Contract is 16.50% 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. Other. If Budget Category"Other" is greater than $25,000 or more than 10%of budget total, identify the main constituents: Page 14 of 17 CITY of FORT WORTH-CAMS-PM2.5 TCEQ CONTRACT NUMBER 582-19-90039 AMENDMENT 1 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. 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. 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(100A) 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 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. c. Performing Party may not transfer amounts to budget categories containing zero dollars without TCEQ pre-approval in writing. 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. 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. 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 Page 15 of 17 CITY of FORT WORTH-CAMS-PM2.5 TCEQ CONTRACT NUMBER 582-19-90039 AMENDMENT 1 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. Page 16 of 17 CITY of FORT WORTH-CAMS-PM2.5 TCEQ CONTRACT NUMBER 582-19-90039 AMENDMENT 1 Attachment C NOTICES, PROJECT REPRESENTATIVES AND RECORDS LOCATION CONTRACT NO. 582-19-90039 PROJECT TITLE: AIR MONITORING STATIONS IN FORT WORTH Representatives. The individual(s) named below are the representatives of TCEQ and Performing Party. They are authorized to give and receive communications and directions on behalf of the TCEQ and the Performing Party as "indicated below. All communications including official contract notices must be addressed to the appropriate representative or his or her designee. Changes in Representatives. Either party may change its representative by unilateral amendment. TCEQ Representatives TCEQ CONTRACT SPECIALIST TCEQ PROJECT MANAGER (for Contractual Matters) (for Technical Matters) Rhoshel Steib Nautasha Gupta Contract Specialist Project Manager Title Title Texas Commission on Environmental Texas Commission on Environmental Quality Quality P.O. Box 13087 P.O.Box 13087 MC-165 MC-165 Austin,`Texas 78711-3087 Austin,Texas 78711-3087 Telephone No. (512)239-1733 Telephone No.(512)239-1722 Facsimile No.(512)239-1605 Facsimile No.(512)239-1605 Performing Party Representatives. For Contractual Matters For Technical Matters Anthony Williams John Dahlem Project Manager Senior Environmental Specialist 200 Texas Street 200 Texas Street Fort Worth,TX 76102 Fort Worth,TX 76102 Telephone No. (817) 392-5462 Telephone No. (817)999.3331 Invoice Submittal. Invoices must be submitted to the TCEQ Contract Manager, unless another recipient is identified below: ® TCEQ Project Manager/❑ TCEQ Disbursements Section/❑ Other: Designated Location for Records Access and Review. The Performing Party designates the physical location indicated below for record access and review pursuant to any applicable provision of this Contract: 200 Texas Street Fort Worth, TX 76102 Page 17 of 17 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 Printed Name signature Sign In Home Legislation Calendar City Council Departments Vf(9OShare (®RSS78 ersJ Details Reports File#: M&C 19-0031 Version: 1 Name: Type: Award of Contract Consent Status: Passed File created: 7/30/2019 In control: CITY COUNCIL On agenda: 8/13/2019 Final action: 8/13/2019 Authorize Execution of the Texas Commission on Environmental Quality Funded Grant Agreement in an Amount Not to Exceed$64,451.21 for Title: Ambient Air Monitoring Operations,Apply Indirect Costs at Approved Percentage Rate,and Adopt Appropriation Ordinance. (ALL COUNCIL DISTRICTS) Attachments: 1.M&C 19-0031.2.23TCEQ PM 2.5 CONTRACT AMENDMENT#1 FY20 21002 A019.pdf History(1) Text 1 record Group Export Date Ver. Action By Action Result Action Details Meeting Details Video 8/13/2019 1 CITY COUNCIL approved Action details Mee ing details Not available City of Fort Worth, Texas Mayor and Council Communication DATE: 08/13/19 M&C FILE NUMBER: M&C 19-0031 LOG NAME: 23TCEQ PM 2.5 CONTRACT AMENDMENT#1 FY20 SUBJECs Authorize Execution of the Texas Commission on Environmental Quality Funded Grant Agreement in an Amount Not to Exceed$64,451.21 for Ambient Air Monitoring Operations,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 Funded Grant Agreement for Ambient Air Monitoring Operations with a maximum amount of$64,451.21 for a one-year term starting September 1,2019 through August 31,2020; 2.Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Operating State Fund in the amount of$64,451.21,subject to receipt of an executed Contract;and 3.Apply indirect costs at the negotiated rate of 12.66 percent for the Code Compliance Department. DISCUSSION: The City of Fort Worth operates a comprehensive air quality program under four 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. One of the four contracts,partially funded by the State of Texas,specifically supports air monitoring operations for particulate matter emissions within the City of Fort Worth. If executed,this contract will require the City of Fort Worth to operate local air pollution monitors to include retrieving the sampling filters and data,sending filters and data for analysis,and performing regular audit and maintenance activities on the equipment under the terms of the contract.The Texas Commission on Environmental Quality provides all air monitoring equipment,parts,and supplies for the proper operation of the air monitoring stations and is contracting with the City of Fort Worth for the operation and maintenance of these monitoring stations.The contract period will be September 1,2019,through August 31,2020,with a not to exceed amount of$64,451.21 for reimbursement of expenses to the City.This renewal is the first of three,one-year renewal options in accordance with the original contract.This contract may be renewed for two more,one-year periods upon mutual written agreement between both Parties. Then:are no local matching funds required for this grant contract. DOCUMENT M&C No. Approval Date Grant Amount Total Initial Contract(Year One) C-28862 09/25/2018 $71,101.68 $71,101.68 Amendment#1 (Year Two) Pending Pending $64,451.21 $135,552.89 In 1998,the United States Environmental Protection Agency(EPA)revised its measurement standards for Particulate Matter(PM)emissions in to the atmosphere.Since Fiscal Year 1999-2000,the Texas Commission on Environmental Quality has contracted with the City for operation and maintenance of the monitoring equipment provided by the Texas Commission on Environmental Quality for four Continuous Air Monitoring Stations.The location of each station is as follows: Station Address Equipment Eagle Mountain Lake 14290 Morris Dido Newark Road 1 NOx Monitor ,Fort Worth California 1198 California Parkway North 2 PM 2.5 Monitors Parkway North Haws Athletic Center i600 Congress Street 1 PM 2.5 Monitor Keller Federal Aviation Administration(FAA)site off Alta Vista Road 1 NOx Monitor The above monitors are located in COUNCIL DISTRICTS 2,3,and 5. 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. A Form 1295 is not required for this contract because:This contract will be with a governmental entity,state agency or public institution of higher education:TCEQ 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 Operating State 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. This is a reimbursement grant. Submitted for City Manager's Office b c. Valerie Washington 6192 Originating Business Unit Head: Brandon Bennett 6345 Elmer DePaula 7251 Additional Information Contact: Cody Whittenburg 5455 David B.Carson 6336