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Home My WebLink AboutContract 62491-A2CT1'1- OF F-T_ WORTH CAMS%PM2.5 TCEQ CONTRACT NUMBER 532-23-40031 AI =NUM T 2 CITY SECRETARY Texas Commission on Environmental Qnahry CONTRACT NO. 62491—A2 AMUENDMEN T 2 In accordance t-vith the General Term and Condition sub.A'ticle 1.2, Amendments, Texas Commission on Environmental Quality- (TCEQ and the City- of Fort Worth agree to amend Contract 382-23-40031 as follows- 1_ This Amendment extends the term of the Contract to August 31, 2025 by exercising the second of three one-year renewal options in accordance -Mth Special Term and Condition, article 1 2_ The total compensation possible under the Contract is increased by $64,431.21 for Fiscal Year fflr 2025, raising the maximum compensation possible to $193,333.63_ TCEQ and the City- of Ft. Worth agree that the total compensation possible under this Contract is increased as follows= The Original Contract Amount (Fy23) $64,451.21 Contract Amendment 1 (FI-24 - Renewal) 564,451.21 Contract Amp-ndmi nt 1 (FY25 - Renewal) 564.451.21 The Total Contract Amount $193,353.63 3 _ TCEQ has reused the Scope of Work, hereby included in its entirety- as Attachment A of this - Amendment-4- TCEQ has approi-ed the FY2 5 Cost Budget, hereby included in its entirety- as Attachment B of this Arendment. 5_ TCEQhas updated the Notices, Project Representatives and records Location, OFFICIAL RECORD hereby included in its entirety as Attachment C of tills Amendment. CITY SECRETARY 6_ The Term of Contract is extended to August 31, 2025_ FT. WORTH, TX The City- of Ft_ Worth will continue to operate and maintain the air monitering stations in Eagle Mountain Lake and Fort NVorth, Texas. All ether conditions and requirements of Contract J82-23-40031 remain uncharged_ Texas Co=Wssion on Environmental Quality By-- �� ►lithorized Signature Brandv Brooks Printed Name Deputy Director_ Monitoring Division Title 7151 -1 Date APPROVED AS TO FORM AND LEGALITY: Al. ke vin Air(a-s, // M. Kevin Anders, II (Dec 19, 2024 09:56 CST) AMNWfft O#y-AUO!'rleyo City of Fort Worths —At vw"et BY- Uujene Washingtw 1M]. 2M 111D Mn Authorized Signature Ms- Valerie Wa hirgton Punted N une Assistant City Maragc rr Title Jul , 202 Date ATTEST: e+ s nrr r o q } !\/ r�1r �1 �• �--� By. Jannette Goodall City Secretary RqE CITY OF FT. WORTH CAMS/PM2.5 TCEQ CONTRACT NUMBER 582-23-40031 AMENDMENT 2 ATTACHMENT A Page 2 of 19 CITY OF FT. WORTH CAMS/PM2.5 I. FACTS/PURPOSE TCEQ CONTRACT NUMBER 582-23-40031 AMENDMENT 2 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 (PM2,5) 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 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 I Address I Equipment Type I 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 PM2.5 sampler (Primary) continuous California North Parkway North Fort Worth, Texas, AQS# 484391053 76115 PMz.s sampler continuous CAMS 1053 (Collocated) Haws Athletic 600 %2 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 3 of 19 CITY OF FT. WORTH CAMS/PM2.5 TCEQ CONTRACT NUMBER 582-23-40031 AMENDMENT 2 II. TCEQ RESPONSIBILITIES/DESIGNATION OF STAFF A. 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. B. Provide electricity and modem for data collection at the air monitoring stations. C. 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. D. 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 revoked upon its expiration. E. Provide training for equipment operations and other activities designed to increase technical capabilities required to support this agreement upon request by the Performing Party. F. 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). 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. Provide all site maintenance equipment (i.e., lawnmower, edge trimmer, ladder, etc.) and tools (i.e. screwdrivers, wrenches, voltmeters, etc.) C. Designate a project representative who receives communications from the TCEQ, manages the work being performed, and acts on behalf of the Performing Party as an authorized representative. Participate in 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. 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. 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 take corrective action and if requested, produce a corrective action plan by the required deadline. Page 4 of 19 CITY OF FT. WORTH CAMS/PM2.5 TCEQ CONTRACT NUMBER 582-23-40031 AMENDMENT 2 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 VILA 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. 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. I. Monitor the site status remotely through the agency's internal status report webpage using the TCEQ-provided VPN access. Ensure individual VPN access accounts remain active. If VPN access is lost, notify the TCEQ 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. J. 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. K. 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. L. 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. M. 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. N. Document all equipment and gas cylinder changes in Hardware Tracker within two business days of the change. O. Make travel arrangements and cover expenses for staff to attend all requested trainings, competency evaluations, and meetings. P. 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. Q. 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. R. 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. S. Provide arrangements to convey equipment to and from the site to TCEQ employees at mutually agreed upon locations for exchange, delivery, or Page 5 of ig CITY OF FT. WORTH CAMS/PM2.5 TCEQ CONTRACT NUMBER 582-23-40031 AMENDMENT 2 transfer. The Performing Party is responsible for its own fuel, vehicle, and any other expenses associated with the requested conveyance. T. Upon request by the TCEQ, provide guided tours of the monitoring sites, not to exceed four hours per quarter. U. 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. V. 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. 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: a) the Performing Party will provide one week of training to the replacement contractor; b) 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; c) the Performing Party will report to the replacement contractor any pending problems being investigated or for which equipment repair is incomplete; d) upon request by TCEQ, the Performing Party will provide to the replacement contractor access to site trailers, buildings, utilities, or other locked areas; e) the Performing Party will notify the TCEQ Project Manager in writing when the transition of services is complete; and f) 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. 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 Page 6 of ig CITY OF FT. WORTH CAMS/PM2.5 TCEQ CONTRACT NUMBER 582-23-40031 AMENDMENT 2 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. Table VII.A: Contract Deliverables Deliverable I Equipment I Summary of Tasks and Timeframes I Submit to: 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 Project Manager, Failure Response or malfunctions by visiting the site on the TCEQ equipment same day if feasible, but no later than the support staff, and next business day. LEADS via VPN • Notify the TCEQ in writing within one business day of problem resolution. Page 7 of 19 CITY OF FT. WORTH CAMS/PM2.5 Deliverable Equipment Failure and Sample Loss Report Monthly Verification and Report Quarterly Audit and Report Equipment all TCEQ CONTRACT NUMBER 582-23-40031 AMENDMENT 2 Summary of Tasks and Timeframes I Submit to: • 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. • Report equipment failures or malfunctions in writing the same day as discovered. Include symptoms or cause 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. PM2.5 • Perform verifications monthly within first continuous ten business days of the month. • 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. • 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. PM1, • Perform quarterly audits within first ten continuous business days of the quarter for PM,.,. 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 TCEQ equipment support staff, Project Manager, and LEADS via VPN bm@tcea.texas.gov and Project Manager bm@tcea.texas.Lov and Project Manager Page 8 of i9 CITY OF FT. WORTH CAMS/PM2.5 TCEQ CONTRACT NUMBER 582-23-40031 AMENDMENT 2 Deliverable I Equipment I Summary of Tasks and Timeframes 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 PM2.5, 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. Preventive all • Perform all the PMIs mentioned in the Maintenance equipment SOPS by the set deadlines 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 httD: //rhone /c gi-bin/Dmi_ do c s.bl. • 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. Submit to: lcc@tcea.texas. Lyov and Project Manager LEADS via VPN and Project Manager Page 9 of i9 CITY OF FT. WORTH CAMS/PM2.5 TCEQ CONTRACT NUMBER 582-23-40031 AMENDMENT 2 Deliverable I Equipment I Summary of Tasks and Timeframes I Submit to: 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. • Notify the TCEQ Project Manager about any unresolved safety issue and non- conformance or concern on the day of discovery. Page 10 of 19 CITY OF FT. WORTH CAMS/PM2.5 TCEQ CONTRACT NUMBER 582-23-40031 AMENDMENT 2 Deliverable I Equipment I Summary of Tasks and Timeframes I Submit to: 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 301 • 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 3151 o December - February ■ due March 315t 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 Page 11 of 19 CITY OF FT. WORTH CAMS/PM2.5 TCEQ CONTRACT NUMBER 582-23-40031 AMENDMENT 2 Deliverable Equipment Summary of Tasks and Timeframes Submit to: a Contractor Competency Evaluation Form (CCEF) 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 12 of 19 CITY OF FT. WORTH CAMS/PM2.5 TCEQ CONTRACT NUMBER 582-23-40031 AMENDMENT 2 Attachment B: Page 13 of 19 CITY OF FT. WORTH CAMS/PM2.5 TCEQ CONTRACT NUMBER 582-23-40031 AMENDMENT 2 Cost Budget Cooperative Reimbursement Contract for State Agencies and Local Governments 1. Budget. Authorized budgeted expenditures for work performed are as follows: Budget Cost for Work to be Category 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 $ 64,4 51.21 2. Indirect Cost Reimbursable Rate. The reimbursable rate for this Contract is 10% 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): ❑ 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. 3. Other. If Budget Category "Other" is greater than $25,000 or more than 10% of budget total, identify the main constituents: Page 14 of 19 CITY OF FT. WORTH CAMS/PM2.5 TCEQ CONTRACT NUMBER 582-23-40031 AMENDMENT 2 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. S. 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 the Notices, Project Representatives and Records Location document 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 Page 15 of i9 CITY OF FT. WORTH CAMS/PM2.5 TCEQ CONTRACT NUMBER 582-23-40031 AMENDMENT 2 this Contract requires matching funds, Performing Party may claim its unreimbursed indirect costs as part or all of its match). Performing Party must fund all unreimbursed indirect costs from other funds. It is the Performing Party's responsibility to ensure that unreimbursed indirect costs are not charged to other projects which do not benefit from them, and that it uses funding sources that may be properly used to fund its unreimbursed costs. Page 16 of i9 CITY OF FT. WORTH CAMS/PM2.5 TCEQ CONTRACT NUMBER 582-23-40031 AMENDMENT 2 Attachment C: Page 17 of 19 CITY OF FT. WORTH CAMS/PM2.5 TCEQ CONTRACT NUMBER 582-23-40031 AMENDMENT 2 NOTICES, PROJECT REPRESENTATIVES AND RECORDS LOCATION Contract No. 582-23-40031 Contract Name: City of Fort. Worth Cams/Pm2.5 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 Title Texas Commission on Environmental Quality P.O. Box 13087 MC-165 Austin, Texas 78711-3087 Telephone No. (512) 239-1828 Email Address: Paushiana.Madison@tcea.texas.Qov 4. Performing Party Representatives. For Contractual Matters Anthonv Williams Proiect Manager Title City of Fort Worth Telephone No. (817) 392-5462 Email Address: Anthonv.Williams@fortworthtexas.Qov TCEQ PROJECT MANAGER (for Technical Matters) Penelope Mendoza. Proiect Manager Network Operations Section Title Texas Commission on Environmental Quality P.O. Box 13087 MC-165 Austin, Texas 78711-3087 Telephone No. (512) 239-1722 Email Address: PenelODe.Mendoza@tcea.texas.gov For Technical Matters Daniel Fernandez Senior Environmental Specialist Title City of Fort Worth Telephone No. (817) 392-5444 Email Address: Daniel.Fernandez@fortworthtexas.Qov Page 18 of ig CITY OF FT. WORTH CAMS/PM2.5 TCEQ CONTRACT NUMBER 582-23-40031 AMENDMENT 2 S. 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, Texas 76102 (City / State ZIP) Page ig of ig 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: 06/25/24 M&C FILE NUMBER: M&C 24-0589 LOG NAME: 22TCEQ PM 2.5 CONTRACT FY2025 SUBJECT (ALL) Authorize Execution of the Texas Commission on Environmental Quality Federally Funded Cooperative Agreement, Amendment No.2 in an Amount Up to $64,451.21 for Ambient Air Monitoring Operations and Adopt Appropriation Ordinance RECOMMENDATION: It is recommended that the City Council: 1. Authorize the execution of the Texas Commission on Environmental Quality funded cooperative agreement, Amendment No. 2 for ambient air monitoring operations with a maximum amount up to $64,451.21 for a one-year term beginning September 1, 2024, and expiring August 31, 2025; and 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Operating Federal Fund in the amount up to $64,451.21, subject to receipt of the grant, for the purpose of funding ambient air monitoring operations. DISCUSSION: The City of Fort Worth partners to operate an air quality program under four separate but related contracts with the Texas Commission on Environmental Quality (TCEQ). This local air program benefits the City by ensuring that facilities are in compliance with air quality regulations and by supporting data collection for air pollutants. Among the four contracts, this contract is fully -funded by the U.S 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 the 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, regulatory ambient air pollution monitoring network. This includes daily monitoring of oxides of nitrogen and particulate matter. Upon authorization, this contract will continue to support City of Fort Worth operations for local Continuous Air Monitoring Stations. Activities include air pollutant monitoring, calibration, operation, and regular audit and maintenance activities for equipment under the terms of the contract. The TCEQ provides all air monitoring equipment and supplies for the operation of the air monitoring sites. The contract period will be September 1, 2024, through August 31, 2025, with a maximum amount up to $64,451.21 for reimbursement of expenses to the City. DOCUMENT Mayor & Council Communication (M&C) No. APPROVAL DATE ��GRANTAMOUNT�� TOTAL Initial Contract Fiscal Year (FY23) ��M&C 22-0507 06/28/22 $64,451.21 $64,451.21 Amendment 1 (FY24) M&C 23-0485 06/13/23 Amendment 2 (FY25) PENDING PENDING The contract supports operations at the following regulatory air monitoring stations. STATION ADDRESS EQUIPMENT Eagle Mountain Lake 14290 Morris Dido Newark Road 1 NOx Monitor California Parkway North 1198 California Parkway North ��2 PM 2.5 Monitors 11 11 $64,451.21 11 $64,451.21 $64,451.21 11 $64,451.21 TOTAL: $193,353.63 Haws Athletic Center 600 Congress Street 1 PM 2.5 Monitor Keller 10218 Alta Vista Road 1 NOx Monitor Upon approval, the City will execute the contract and accept the grant funding. This is a reimbursable grant and indirect cost will be recovered under this grant. This agreement will serve 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: TEXAS 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 Environmental Services 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 Environmental Services Department has the responsibility to validate the availability of funds. This is a reimbursement grant. Submitted for Citv Manaaer's Office by Oriainatina Business Unit Head Additional Information Contact: Valerie Washington 6199 Cody Whittenburg 5455 Julianne Ragland 7251 Wyndie Turpen 6982