HomeMy WebLinkAboutContract 62491-A1C:FFY OF FT. NORTH CAMS/PM2.5 TCEQ CONTRACT NUMBER 582-2 3-40031
AMENDMENT 1
CITY SECRETARY
CONTRACT NO. 62491-Al
AMENDMENT 1
In accordance with the General Term and Condition, sub -Article 1.2, Amendments,
Texas Commission on Environmental Quality (TCEQ) and City of Fort Worth agree to
amend Contract Number 582-23-40031 (Contract) as follows:
1. This amendment extends the Contract term to 8/31/2024, by exercising the
first of three, one-year renewal options per Special Term and Condition, Article
1.
2. TCEQ and the City of Fort Worth agree the total compensation possible under
the Contract is increased by S64,451.21 for Fiscal Year 2024 (FY24), raising the
maximum compensation possible to $128,902.42:
The Original Contract Amount (FY23)
Contract Amendment 1 (FY24 - Renewal)
The Total Contract Amount
$64,451.21
$64.451.21
$128,902.42
3. TCEQ has revised the Scope of Work, hereby included in its entirety as
Attachment A of this Amendment.
4. TCEQ has approved the FY24 Cost Budget Sheet, hereby included in its entirety
as Attachment B of this Amendment.
S. TCEQ has revised the Notices, Project Representatives, and Records Locations,
hereby included in its entirety as Attachment C of this Amendment.
6. The Maximum Amount of the Contract is increased to $128,902.42.
7. The Term of Contract is extended to August 31, 2024.
The City of Fort Worth will continue to operate and maintain the air monitoring
stations in Eagle Mountain Lake and Fort Worth, Texas.
All other conditions and requirements of Contract Number 582-23-40031 remain
unchanged.
Texas Commission on
Environmental Quality
Author ed Signature
Brandv Brooks
Printed Name
Monitoring Division,
Deputy Director
Title
7/14/2023
Date
APPROVED AS TO FORM AND LEGALITY:
M. Kemiq Anders, //
M. Kevin Anders, II (Dec 19, 2024 09:56 CST)
Assi sUnt My Alft vr.
City of Fort Worth
By: "Ialeri ngt. n pJ- M, 2023 15:27 CDT)
Authorized Signature
Ms. Valerie Washington
Printed Name
Assistant City Manager
Title OFFICIAL RECORD
CITY SECRETARY
Jun 26, 2023 FT. WORTH, TX
Date
ATTEST:
of foA r 4
t
By: C
>fx�i
Jannette Goodall
City Secretary
R
Page 1 of 15
CITY OF FT. WORTH CAMS/PM2.5
TCEQ CONTRACT NUMBER 582-23-40031
AMENDMENTI.
I. FACTS/PURPOSE
ATTACHMENT A
SCOPE OF WORK
The Performing Party will operate and maintain the 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, Particulate Matter of 2.5
Micrometers or Less (PMZ.S) program and the Photochemical Assessment Monitoring
Station (PAMS) networks, 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 calendar 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 the data collection is
not listed.
Table I.A: Equipment
Station
Address
Equipment Type
Operating
Schedule
Eagle Mountain
14290 Morris Dido
NOx analyzer
continuous
Lake
Newark Road
AQS# 484390075
Eagle Mountain, Texas,
CAMS 0075
76179
Fort Worth
1198 California Parkway
PM2.1 sampler (Primary)
continuous
California
North
Parkway North
Fort Worth, Texas,
AQS# 484391053
76115
PMz.s sampler
continuous
CAMS 1053
(Collocated)
Haws Athletic
600 % Congress Street
PM2.1 sampler
continuous
AQS# 484391006
Fort Worth, Texas,
CAMS 0310
76107
Keller
Federal Aviation
NOx analyzer
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
PM2.1- particulate matter of
2.5 micrometers or less in diameter
Page 2 of 15
CITY OF FT. WORTH CAMS/PM2.5
TCEQ CONTRACT NUMBER 582-23-40031
AMENDMENTI.
II.
TCEQ RESPONSIBILITIES/DESIGNATION OF STAFF
A.
B.
C.
D.
E.
F.
Provide all air monitoring equipment, parts, audit equipment, gas standards,
sample media, data collection equipment, and equipment related supplies for the
proper operation of the air monitoring stations.
Provide electricity and modem for data collection at the air monitoring stations.
Provide shipping account information or shipping labels upon request for the
Performing Party to ship air monitoring equipment, parts, audit equipment, and
equipment related supplies to the TCEQ.
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 TCEgs 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 revoked upon its expiration.
Provide training for equipment operations and other activities designed to increase
technical capabilities required to support this agreement upon request by the
Performing Party.
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).
PERFORMING PARTY RESPONSIBILITIES
/0
Ca]
E.
F.
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.
Provide all site maintenance equipment (i.e., lawnmower, edge trimmer, ladder, etc.)
and tools (i.e. screwdrivers, wrenches, voltmeters, etc.)
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.
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.
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 take corrective action and if
requested, produce a corrective action plan by the required deadline.
Operate monitoring equipment according to federal regulations, established
applicable SOPs, PMIs, QAPPs, and any other guidance documents. This
documentation is available upon request.
Page 3 of 15
CITY OF FT. WORTH CAMS/PM2.5
TCEQ CONTRACT NUMBER 582-23-40031
AMENDMENT 1
G.
I:A
I.
J•
K.
L.
M.
N.
O.
P.
Q.
R.
S.
T
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.
Provide laptop to the operator(s) with current version of Windows, Microsoft Office
Suite, and other necessary software for an effective operation of the air monitoring
stations mentioned in Table I.A. Equipment specific software will be provided by
the TCEQ to be installed by the Performing Party.
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 TCEQ work.
Notify the TCEQ through electronic mail of the name and termination date for any
personnel who is terminated or removed from work on this Contract, within one
business day of the termination date. The Performing Party will notify the TCEQ
through electronic mail of the name of new personnel assigned to work on this
Contract within five business days.
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.
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 two business days where site access to electronic logs is not
available.
Ensure the certification for all equipment and gas cylinders is current. Equipment
must be sent to TCEQ for verification prior to expiration. Prior approval is required
to use any expired equipment or cylinders.
Document all equipment and gas cylinder changes in Hardware Tracker within two
business days of the change.
Make travel arrangements and cover expenses for staff to attend all requested
trainings, competency evaluations, and meetings.
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.
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.
Notify the TCEQ Project Manager immediately of any damages due to accident or
vandalism. Provide pictures, police reports, and communications to provide remedy
within 48 hours of discovery. The TCEQ is not responsible for damages due to
negligence of the Performing Party or its subcontractors. The Performing Party
must provide adequate replacement for equipment that is lost, stolen, or damaged
due to negligence by the Performing Party or any subcontractor.
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.
Upon request by the TCEQ, provide guided tours of the monitoring sites, not to
exceed four hours per quarter.
Page 4 of 15
CITY OF FT. WORTH CAMS/PM2.5
TCEQ CONTRACT NUMBER 582-23-40031
AMENDMENT 1
LIB
V.
W.
X.
Complete the Basic Siting Criteria checklist annually and submit a copy to the TCEQ
Project Manager by the requested deadline. Notify the TCEQ Project Manager of any
non-conformance or obstructions to the monitoring path upon discovery.
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 and non-conformance upon
discovery.
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.
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:
a) the Performing Party will provide one week of training to the replacement
b)
c)
d)
e)
f)
contractor;
the Performing Party will provide reports, maps, property site contact
information, keys, equipment, and other TCEQ property to the replacement
contractor upon execution of said future Contract;
the Performing Party will report to the replacement contractor any pending
problems being investigated or for which equipment repair is incomplete;
upon request by TCEQ the Performing Party will provide to the 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 the replacement contractor staff.
Page 5 of 15
CITY OF FT. WORTH CAMS/PM2.5 TCEQ CONTRACT NUMBER 582-23-40031
AMENDMENT 1
IV. DESCRIPTION OF DELIVERABLES
The Performing Party must operate and maintain the air monitoring stations and the
associated equipment 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 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 at least an 85 percent (%)
quarterly data return from all monitors and samplers. If the 85% data return is not
achieved, assignable cause must be identified within a week after each month end.
Assignable causes may include acts of nature (tornadoes, hurricanes, hail, etc.),
vandalism, or circumstances beyond the control of the Performing Party. Neglect of
the site is not an assignable cause.
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 non -compliant
quarter by up to 2 5% of the total amount invoiced.
b. Payment reductions made under this section may not reduce the total
amount paid to the Performing Party for an entire fiscal year by more than
2 5% 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. VENDOR PERFORMANCE EVALUATION
Failure to meet Contract deliverables will be noted and documented in the TCEQ
Project Manager's 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 15
CITY OF FT. WORTH CAMS/PM2.5
TCEQ CONTRACT NUMBER 582-23-40031
AMENDMENT 1
Table VILA: Contract Deliverables
Deliverable I Equipment I Summary of Tasks and Timeframes I Submit to: I
Data Collection all . Operate all samplers according to LEADS via VPN or
applicable Standard Operating Procedures through the on -site
(SOPs) and the U.S. EPA Monitoring data logger
Schedule.
• Review continuous data in Leading
Environmental Analysis and Display
System (LEADS) daily to ensure sampler
function and communication.
Equipment all
• Respond to equipment warnings, failures
Failure Response
or malfunctions by visiting the site on the
same day if feasible, but no later than the
next business day.
• Notify the TCEQ in writing within one
business day of problem resolution.
• Follow the TCEQ's technical advice and
instructions without exception when
troubleshooting equipment.
• Document all equipment actions and
subsequent resolution in the electronic
operator log and hardware tracker if
applicable.
Equipment all
• Report equipment failures or
Failure and
malfunctions in writing the same day as
Sample Loss
discovered. Include symptoms or cause of
Report
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.
Monthly PM2.1
• Perform verifications monthly within first
Verification and continuous
ten business days of the month.
Report
• Perform verification procedures as
defined by instrument SOPS.
• Perform calibrations as needed or when a
monthly verification fails.
• For each verification, use the latest
version of the worksheet found on Rhone.
• Document all verifications in the
electronic operator log, identifying the
sampler, the results, and the date of the
verification. The originator must review
the worksheet for accuracy.
• Verification reports must be reviewed by
someone other than the originator prior
to submission to the TCEQ to ensure
accuracy. The review must be
documented in the worksheet.
Project Manager,
TCEQ equipment
support staff, and
LEADS via VPN
TCEQ equipment
support staff,
Project Manager,
and LEADS via VPN
bm@tcea.texas.aov
and Project
Manager
Page 7 of 15
CITY OF FT. WORTH CAMS/PM2.5
TCEQ CONTRACT NUMBER 582-23-40031
AMENDMENTI.
Deliverable Equipment Summary of Tasks and Timeframes =
• Submit verification report within five
business days of completion.
• If corrections are requested by the TCEQ
the Performing Party will correct and
return the worksheet within the requested
timeframe.
Quarterly Audit PM2.1 • Perform quarterly audits within first ten
and Report continuous business days of the quarter for PM2.1.
Quarters are defined by instrument SOPS.
. Perform additional audits after
instrument repair, modification, or
replacement.
• For each audit, use the latest version of
the worksheet found on Rhone.
• Document all audits in the electronic
operator log, identifying the sampler, the
results, and the date of the audit. The
originator must review the worksheet for
accuracy.
• Audit reports must be reviewed by
someone other than the originator prior
to submission to the TCEQ to ensure
accuracy. The review must be
documented in the worksheet.
• For PM,.,, submit audit reports within five
business days of completion.
• If corrections are requested by the TCEQ
the Performing Party will correct and
return the worksheet within the requested
timeframe.
Laboratory NOx . Perform eight LCCs per year, two per
Control Check calendar quarter, approximately 45 days
(LCC) and Report apart per instrument.
• For each LCC, use the latest version of the
worksheet found on Rhone.
• Document all LCCs in the electronic
operator log, identifying the analyzer, the
results, and the date of the LCC. The
originator must review the worksheet for
accuracy.
• LCC reports must be reviewed by
someone other than the originator prior
to submission to the TCEQ to ensure
accuracy. The review must be
documented in the worksheet.
• Submit LCC reports within five business
days of LCC completion.
• If corrections are requested by the TCEQ
the Performing Party will correct and
return the worksheet within the requested
timeframe.
Submit to:
bm@tcea.texas.aov
and Project
Manager
lcc@tcea.texas.gov
and Project
Manager
Page 8 of 15
CITY OF FT. WORTH CAMS/PM2.5
TCEQ CONTRACT NUMBER 582-23-40031
AMENDMENTI.
Deliverable Equipment
Summary of Tasks and Timeframes =
Submit to:
Preventive all
• Perform all the PMIs mentioned in the
LEADS via VPN and
Maintenance
equipment SOPs by the set deadlines
Project Manager
Instruction (PMI)
. Detailed information of the PMIs can be
Completion
found on the current version of the PMI
Manual located on the Rhone web page at
http: //rhone/cgi-bin/pmi_docs.13 .
• Perform any future PMIs developed for
the equipment listed in Table I.A with
TCEQ notification.
• Enter the completion of each PMI, the PMI
number, and the date of completion, in
the electronic operator log.
• Track PMI completion using the TCEQ PMI
tracker and submit monthly by the tenth
calendar day of the following month.
On -Site Quality all
• Submit completed pre -audit
TCEQ Data Quality
Assurance (QA)
questionnaires by set deadlines.
Team and Project
and Performance
. At least one site operator responsible for
Manager
Evaluation (PE)
the equipment of interest must be
Audits
present during the audit.
• If requested, assist TCEQ staff or U.S. EPA
auditors on -site during audits and
assessments.
• When notified of failures or warnings,
troubleshoot and if requested, produce a
written response by the deadline.
. If requested, provide a corrective action
plan to the final audit report by the set
deadline.
Site Maintenance site
• Maintain site free of vegetation higher
Project Manager
than six inches and trash or debris.
• Ensure site remains locked and secure
when staff are not on -site.
• Obtain written approval from the TCEQ to
change the site lock or combination and
major site modifications prior to the
change.
• Record all site maintenance in the
electronic operator log.
• Complete the Siting Criteria Checklist
annually and submit it to the TCEQ
Project Manager by the requested
deadline. Notify the TCEQ Project
Manager 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 9 of 15
CITY OF FT. WORTH CAMS/PM2.5 TCEQ CONTRACT NUMBER 582-23-40031
AMENDMENTI.
Deliverable Equipment Summary of Tasks and Timeframes Submit to:
page.
• Notify the TCEQ Project Manager about
any unresolved safety issue and non-
conformance or concern on the day of
discovery.
Invoice and all • Submit invoices at the following intervals: Project Manager
Release of o September - November and
Claims ■ due December 31st Contract Specialist
Submission o December - February
■ due March 31st
o March
■ due April 30th
o April - May
■ due June 301
o June - August
■ due October 30th
• Submit completed Release of Claims form
with the final contract invoice.
• 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.
Inventory all • Document any equipment or gas cylinder Project Manager
Management and replacement or change in the electronic
Reports operator log and Hardware Tracker
according to the requirements listed in
Section III of this Contract.
• Ship inoperable equipment to the TCEQ
within five business days of replacement.
Coordinate with the TCEQ Project
Manager if the equipment cannot be
shipped.
• 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 31st
o December - February
Page 10 of 15
CITY OF FT. WORTH CAMS/PM2.5 TCEQ CONTRACT NUMBER 582-23-40031
AMENDMENTI.
Deliverable Equipment
Summary of Tasks and Timeframes
Submit to:
■ due March 31It
o March - May
■ due June 301
o June - August
■ due October 301
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 (CLEF) to the TCEQ Project Manager
for all equipment within 90 days after the
effective date of this Contract or
deployment of new equipment.
• 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.
• Maintain copies of the completed CCEFs
and any supporting documentation for a
minimum of seven years. Make this
documentation available to TCEQ upon
request.
Quality all
. Read all QAPP documents applicable to
Project Manager
Assurance
Performing Party's program and complete
Project Plan
QAPP Review Signature Form. Submit the
(QAPP)
signed form to the TCEQ Project Manager
within 30 days of Contract issuance and/
or QAPP revision. The signature form is
available upon request from the TCEQ
Project Manager.
FOSTAT all
• Read all applicable FOSTAT SOPS and
Project Manager
Standard
complete SOP Review Signature Form.
Operating
Submit the signed form to the TCEQ
Procedures
Project Manager within ten business days
(SOPS)
of Contract issuance and/ or SOP
effective date. The signature form is
available upon request from the TCEQ
Project Manager.
DOC - documentation of competency
U.S. EPA - United States Environmental Protection Agency
FRM - federal reference method
LEADS - Leading Environmental Analysis and Display System
met - meteorological equipment with sensors for monitoring temperature, wind speed, and wind direction
NOx - Oxides of Nitrogen
PM,.,- particulate matter of 2.5 micrometers or less in diameter
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
VPN - virtual private network
Page 11 of 15
CITY OF FT. WORTH CAMS/PM2.5 TCEQ CONTRACT NUMBER 582-23-40031
AMENDMENTI.
Attachment B
FY24 Cost Budget
Cooperative Reimbursement Contract for State
Agencies and Local Governments
1. Budget. Authorized budgeted expenditures for work performed are as follows:
Budget Category
Cost for Work to
be Performed
Salary / Wages
$40,000.00
Fringe Benefits
$20,451.21
Travel
$ 0.00
Supplies
$ 0.00
Equipment
$ 0.00
Contractual
$ 0.00
Construction
$ 0.00
Other
$ 0.00
Indirect Costs
$4,000.00
Total
$64,451.21
2. Indirect Cost Reimbursable Rate. The reimbursable rate for this Contract is 10.00% of
(check one):
❑ salary and fringe benefits
❑ modified total direct costs other
®direct costs base
If other direct cost base, identify: Salary Only
This rate is less than or equal to (check one):
El 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.
N] Default rate —a standard rate of ten percent of salary/wages may be used in lieu of
determining the actual indirect costs of the service.
3. Other. If Budget Category "Other" is greater than $25,000 or more than 10% of budget
Page 12 of 15
CITY OF FT. WORTH CAMS/PM2.5 TCEQ CONTRACT NUMBER 582-23-40031
AMENDMENTI.
total, identify the main constituents:
4. Travel. In order to be reimbursable, travel costs must be specifically authorized in
advance of the travel. Travel costs will be reimbursed only in the amount of actual costs,
up to the maximum allowed by law for employees of the State of Texas at the time the
cost is incurred.
5. Budget Categories. The Budget Categories above have the definitions, requirements
and limitations stated in TxGMS. Construction costs are not reimbursable without
prior, specific written authorization from TCEQ.
6. 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 (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.
7. Invoice Submittal. Unless otherwise stipulated in the Contract, invoices must be
submitted to the individual named in TCEQ Project Representatives and Records
Location at monthly intervals. Final invoices shall be submitted within two (2) calendar
months after completing the Scope of Work activities. TCEQ may unilaterally extend this
deadline by e-mail.
a. All invoices must be submitted in a format that clearly shows how the
budget control requirement is being met.
8. Supporting Records. Performing Party shall submit records and documentation to
TCEQ as appropriate for the review and approval of reimbursing costs. TCEQ may reject
invoices without appropriate supporting documentation. TCEQ has the right to request
additional documentation such as expenses for the invoice period, year-to-date
expenses, projected totals for the year (or applicable contract period), percent of budget
spent to date, and percentage of budget projected to be spent. Performing Party shall
maintain records subject to the terms of this Contract.
9. Indirect Costs. Performing Party's indirect costs will be reimbursed at the reimbursable
rate entered above. If no reimbursable rate is shown above, indirect costs are not
reimbursable under this Contract. The reimbursable rate must be less than or equal to
the rate authorized under TxGMS. 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
Page 13 of 15
CITY OF FT. WORTH CAMS/PM2.5 TCEQ CONTRACT NUMBER 582-23-40031
AMENDMENT 1
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 not benefit from them, and that it uses
funding sources that may be properly used to fund its unreimbursed costs.
Page 14 of 15
CITY OF FT. WORTH CAMS/PM2.5 TCEQ CONTRACT NUMBER 582-23-40031
AMENDMENT 1
ATTACHMENT C
NOTICES, PROJECT REPRESENTATIVES AND RECORDS LOCATION
CONTRACT NO. 582-23-40031
PROJECT TITLE: CITY OF FORT WORTH
1. 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.
2. Changes in Information. Either party may change its information in this Notices, Project
Representatives and Records Location document by providing notice to the other party's
representative for contractual matters.
3. TCEQ Representatives
TCEQ CONTRACT MANAGER
(for Contractual Matters)
Paushiana Madison. Contract Specialist.
Business & Financial Services Section
Texas Commission on Environmental
Quality
P.O. Box 13087
MC-165
Austin, Texas 78711-3087
Telephone No. (512) 239-1828
Email Address:
Paushiana.Madison@tceq.texas.gov
4. Performing Party Representatives.
For Contractual Matters
Anthonv Williams
Proiect Manager
Title
Telephone No. (817) 392-5462
Email Address:
Anthony.Williams@fortworhttexas.gov
TCEQ PROJECT MANAGER
(for Technical Matters)
Penelope Mendoza. Proiect Manager.
Network Operations Section
Texas Commission on Environmental
Quality
P.O. Box 13087
MC-165
Austin, Texas 78711-3087
Telephone No. (512) 239-1722
Email Address:
Penelope.Mendoza@tceq.texas.gov
For Technical Matters
Daniel Fernandez
Senior Environmental Specialist
Title
Telephone No. (817) 392-5444
Email Address:
Daniel.Fernandez@fortworthtexas.gov
5. Invoice Submittal. Invoices must be submitted to the TCEQ Contract Manager, unless another
recipient is identified below:
® TCEQ Project Manager / ❑ TCEQ Disbursements Section / ❑ Other:
6. 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 15 of 15
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.
Anthony Williams
NAME SIGs
Environmental Supervisor
TITLE
❑ This form is N/A as No City Funds are associated with this Contract
Printed Name Signature
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 06/13/23 M&C FILE NUMBER: M&C 23-0485
LOG NAME: 23TCEQ PM 2.5 CONTRACT FY2024
SUBJECT
(ALL) Authorize Execution of First Amendment of the Texas Commission on Environmental Quality Federally Funded Grant Agreement in an
Amount Not to Exceed $64,451.21 for Ambient Air Monitoring Operations and Adopt Appropriation Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize execution of first amendment of the Texas Commission on Environmental Quality federally funded grant agreement for ambient air
monitoring operations with a maximum amount of $64,451.21 for a one-year term beginning September 1, 2023 and expiring August 31,
2024;
2. Apply an indirect cost rate of 10.00 percent in accordance with the terms of the Texas Commission on Environmental Quality Grant
Agreement; and
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Operating Federal Fund, subject
to the receipt of the grant, in the amount of $64,451.21, for the purpose of funding Ambient Air Monitoring Operations.
DISCUSSION:
The City of Fort Worth (City) 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. Of the four contracts, this contract is fully funded by the US Environmental Protection Agency
(US EPA) through its Section 103 Grant Program, administered by the TCEQ. There are no local matching funds required for this grant contract.
EPA Section 103 Grant Funds have been received annually by the City for its Air Pollution Control Program in cooperation with TCEQ to maintain
and operate various ambient air monitoring stations.
This contract specifically supports a portion of a regional ambient air pollution monitoring network. This includes daily monitoring of ozone, oxides
of nitrogen, and particulate matter. If executed, this contract will continue to require the City of Fort Worth to operate local Continuous Air
Monitoring Stations including air pollutant monitor and calibrator operation and performing regular audit and maintenance activities on the
equipment. The TCEQ provides all air monitoring equipment, parts, and supplies for the proper operation of the air monitoring samplers. The
contract period will start September 1, 2023 and run through August 31, 2024, with a maximum amount of $64,451.21 for reimbursement of
expenses to the City. This contract may be renewed for two additional one-year periods in accordance with the contract.
DOCUMENT M&C No. APPROVAL GRANT TOTAL
DATE AMOUNT
Initial Contract M&C 22- 06/28/22 $64,451.21 $64,451.21
(FY23) 0507
Amendment 1 PENDING PENDING $64,451.21 $64,451.21
(FY24)
TOTAL: $128,902.42
In 1998, the United States Environmental Protection Agency (USEPA) revised its measurement standards for particulate matter (PM) emissions in
to the atmosphere. Since Fiscal Year 1999-2000, the TCEQ has contracted with the City for operation and maintenance of the monitoring
equipment provided by the TCEQ for four continuous air monitoring stations. The location of each station is as follows:
STATION I ADDRESS 11 EQUIPMENT
Eagle Mountain Lake 14290 Morris Dido 1 NOx Monitor
Newark Road
California Parkway 1198 California 2 PM 2.5 Monitors
North Parkway North
Haws Athletic Center 600 Congress Street 1 PM 2.5 Monitor
Keller 10218 Alta Vista Road 1 NOx Monitor
No City funds will be expended before the contract amendment is approved. Upon approval and acceptance of the grant and execution of the
contract, City funds will be expended before receipt of grant funds. Indirect cost will be applied at a rate of 10.00 percent in accordance with the
terms of the TCEQ grant agreement.
TCEQ PM 2.5 grant funds support the following five employee positions of Code Compliance Department, Environmental Quality Division
• Environmental Supervisor: 10% FTE for $9,105.97 in the Air Quality Section.
• Senior Environmental Specialist: 20% FTE for $16,058.48 in the Air Quality Section.
• Environmental Specialist: 50% FTE for $30,430.89 in the Air Quality Section.
• Senior Environmental Specialist: 5% FTE for $3,429.51 in the Air Quality Section.
• Grants Accountant: 5% FTE for $3,803.28 in the Financial Management Department, Grants Team
Positions listed above are subject to grant funding availability. This grant has been awarded to the City annually for over two decades in
partnership with the TCEQ. Although unlikely, in the event of a grant award being decreased or eliminated, Code Compliance would review
programs and services funded by the grants and determine a level of service and staffing that aligns with the available funding. Alternatives to
consider may include staff and program reductions or eliminations. Sustainment of these positions may include transfer to general fund or
identification of other sources of funding that can be secured.
The above monitors benefit ALL COUNCIL DISTRICTS
A Form 1295 is not required 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, in the Grants Operating Federal Fund. The Code Compliance Department (and
Financial Management Services) will be responsible for the collection and deposit of funds due to the City. Prior to an expenditure being incurred,
the Code Compliance Department has the responsibility to validate the availability of funds. This is a reimbursement grant.
Submitted for Citv Manaaer's Office bv: Valerie Washington 6199
Oriainatina Business Unit Head: Brandon Bennett 6322
Additional Information Contact: David B. Carson 6336