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HomeMy WebLinkAbout064291-A3 - General - Contract - Texas Commission on Environmental Quality (TCEQ)CITY OF FORT WORTH TCEQ CONTRACT 582-23-40031 AMENDMENT3 CITY SECRETARY 64291-A3 AMENDMENT 3 C�NTRACT NQ. In accordance with the General Term and Condition Subarticle 1.2, Amendments, Texas Commission on Environmental Quality (TCEC� and the Ciry of Ft. Worth agree to amend Contract 582-23-40031 as follows: 1. This Amendment extends the term of the Contract to August 31, 2026, by exercising the third of three, one-year renewal options in accordance with Special Term and Condition, Article 1. 2. The total compensation possible under the Contract is increased by $64,451.21 for Fiscal Year (FY) 2026, raising the maximum compensation possible to $257,804.84. 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) Contract Amendment 1 (FY24 - Renewal) Contract Amendment 2(FY2 5- Renewal) Contract Amendment 3 (FY26 - Renewall The Total Contract Amount $64,451.21 $64,451.21 $64,451.21 $64.451.21 $ 2 5 7,804.84 3. TCEQ has revised the Scope of Work, hereby included in its entirety as Attachment A of this Amendment. 4. TCEQ has approved the FY26 Cost Budget, hereby included in its entirety as Attachment B of this Amendment. 5. TCEQ has updated the Notices, Project Representatives and Records Location, hereby included in its entirety as Attachment C of this Amendment. 6. TCEQ has updated the Financial Status Report, hereby included in its entirety as Attachment D of this Amendment. All other conditions and requirements of Contract 582-23-40031 remain unchanged and shall apply to all services specified herein just as if those services had been included in the original Contract. This amendment takes effect on September 1, 2025. By. Texas Commission on Environmental Quality /C ��C� Authorized Signature By. City of Fort Worth Ja�ii� n ��JOJ508:06:34 CDT) Authorized Signature Ms. Valerie Washington Printed Name Assistant City Manager Title 09/23/2025 Date OFFICIAL RECORD GTY SECRETARY FT. WORTH, TX Richard C. Chism Printed Name Director. Office of Air Title 09/25/25 Date Page 1 of 26 CITY OF FORT WORTH ATTEST: � <� .�� Bv. City Secretarf• TCEQ CONTRACT 582-23-40031 AMENDMENT3 Q� fO�r� . � y .. i U Y �Qx�* � � APPRflVEa AS Ta F�RM AN� LEGALITY: M. Kevin A��ders, 11 M. Kevin Anders, II (Sep 22, 2025 08:59:27 CDT) Assistan# City Atkarney: Keuin Qnders ATTACHMENT A OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 2 of 26 CITY OF FORT WORTH SCOPE OF WORK I. FACTS/PURPOSE TCEQ CONTRACT 582-23-40031 AMENDMENT3 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 (TCE� qualiry assurance project plans (QAPPs) pertaining to the State or Local Air Monitoring Stations (SLAMS) network, Particulate Matter of 2.5 Micrometers or Less (PMz,$) 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 Eagle Mountain Lake AQS# 484390075 CAMS 0075 Fort Worth California Parkway North AQS# 484391053 CAMS 1053 Address 14290 Morris Dido Newark Road Eagle Mountain, Texas, 76179 1198 California Parkway North Fort Worth, Texas, 76115 Haws Athletic 600 1/2 Congress Street AQS# 484391006 Fort Worth, Texas, CAMS 0310 76107 Keller AQS# 484392003 CAMS 0017 Federal Aviation Administration (FAA) site off Alta Vista Road Fort Worth, Texas, 76244 Equipment Type NOx analyzer PMZ.; sampler (Primary) PML.S sampler (Collocated) PML.S sampler NOx analyzer AQS - Air Qualiry System CAMS - continuous air monitoring station NO,- Oxides of Nitrogen PM,.S - particulate matter of 2.5 micrometers or less in diameter Operating Schedule continuous continuous continuous continuous continuous Page 3 of 26 CITY OF FORT WORTH II. TCEQ RESPONSIBILITIES/DESIGNATION OF STAFF TCEQ CONTRACT 582-23-40031 AMENDMENT3 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 electriciry 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 Parry. 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 miniinum, 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. F. Operate monitoring equipment according to federal regulations, established applicable SOPs, PMIs, QAPPs, and any other guidance documents. This documentation is available upon request. Page 4 of 26 CITY OF FORT WORTH TCEQ CONTRACT 582-23-40031 AMENDMENT3 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. 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 Parry or its subcontractors. The Performing Parry 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 transfer. The Performing Parry 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. Page 5 of 26 CITY OF FORT WORTH TCEQ CONTRACT 582-23-40031 AMENDMENT3 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 Safery 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. Page 6 of 26 CITY OF FORT WORTH IV. DESCRIPTION OF DELIVERABLES TCEQ CONTRACT 582-23-40031 AMENDMENT3 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 Parry 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 25% 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 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. 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 7 of 26 CITY OF FORT WORTH Table VII.A: Contract Deliverables Deliverable Data Collection Equipment Failure Response Equipment Failure and Sample Loss Report Monthly Verification and Report TCEQ CONTRACT 582-23-40031 AMENDMENT3 Equipment Summary of Tasks and Timeframes all • Operate all samplers according to applicable Standard Operating Procedures (SOPs) and the U.S. EPA Monitoring Schedule. • Review continuous data in TCEQ Data Acquisition System (DAS) daily to ensure sampler function and communication. all . Respond to equipment warnings, failures 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. all . 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. PMz.s . 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 whcn 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 to: TCEQ DAS via VPN or through the on- site data logger Project Manager, TCEQ equipment support staff, and TCEQ DAS via VPN TCEQ equipment support staff, Project Manager, and TCEQ DAS via VPN pm@tcea.texas.�ov and Project Manager Page 8 of 26 CITY OF FORT WORTH Deliverable Equipment Quarterly Audit PMz.s and Report continuous Laboratory Control Check (LCC) and Report TCEQ CONTRACT 582-23-40031 AMENDMENT3 Summary of Tasks and Timeframes Submit to: • Submit vcrification rcport within fivc business days of completion. • If corrections are requested by the TCEQ the Performing Party will correct and return the worksheet within the requested timeframe. • Perform quarterly audits within first ten business days of the quarter for PMz.s. 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 PMZ.;, 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. NOx • Perform eight LCCs per year, two per calendar quarter, approximately 45 days 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. pm@tcea.texas.�ov and Project Manager lcc@tcca.tcxas.�ov and Project Manager Page 9 of 26 CITY OF FORT WORTH Deliverable Prevcntivc Maintenance Instruction (PMI) Completion On-Site Quality Assurance (QA) and Performance Evaluation (PE) Audits TCEQ CONTRACT 582-23-40031 AMENDMENT3 Equipment Summary of Tasks and Timeframes Submit to: all . Pcrform all thc PMIs mcntioncd in thc equipment SOPs by the set deadlines • Detailed information of the PMIs can be found on the current version of the PMI Manual located on the Rhone web page at httb://rhone/c�i-bin/bmi docs.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. all • Submit completed pre-audit questionnaires by set deadlines. • At least one site operator responsible for the equipment of interest must be 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 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 Sa fery 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 TCEQ DAS via VPN and Project Manager TCEQ Data Quality Team and Project Manager Project Manager Page 10 of 26 CITY OF FORT WORTH Deliverable Invoice and Release o f Claims Submission Inventory Management and Reports TCEQ CONTRACT 582-23-40031 AMENDMENT3 Equipment Summary of Tasks and Timeframes Submit to: checklists are locatcd on thc TCEQ Rhone page. • Notify the TCEQ Project Manager about any unresolved safety issue and non- conformance or concern on the day of discovery. all • Submit invoices at the following intervals: Project Manager o September - November and ■ due December 31" Contract Specialist o December - February ■ due March 31s` o March all ■ due April 30`h o April - May ■ due June 30"' o June - August ■ due October 30`h • 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 Parry must submit a revised invoice by the requested date. • 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. • Ship inoperable equipment to the TCEQ within five business days of replacement. Coordinate with the TCEQ Project Managcr 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 31s` o December - February ■ due March 31s` Project Manager Page 11 of 26 CITY OF FORT WORTH Deliverable Documentation of Competency (DOC) Quality Assurance Project Plan (Q�P) FOSTAT Standard Operating Procedures (SOPs) TCEQ CONTRACT 582-23-40031 AMENDMENT3 Equipment Summary of Tasks and Timeframes o March - May ■ due June 30"' o June - August ■ due October 30"' Submit to: all . Ensure all site operators successfully complete and maintain all applicable DOCs. • Site operators must complete and submit 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. all . Read all QAPP documents applicable to Performing Party's program and complete QAPP Review Signature Form. Submit the 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. all • Read all applicable FOSTAT SOPs and complete SOP Review Signature Form. Submit the signed form to the TCEQ Project Manager within ten business days of Contract issuance and/ or SOP effective date. The signature form is available upon request from the TCEQ Project Manager. Project Manager Project Manager Project Manager DAS - Data Acquisition System DOC - documentation of competency FRM - federal reference method met - meteorological equipment with sensors for monitoring temperature, wind speed, and wind direcrion NOx - Oxides of Nitrogen PbI�.,- 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 Envirorunental Qualiry U.S. EPA - United States Environmental Protection Agency VPN - virtual private network Page 12 of 26 CITY OF FORT WORTH ATTACHMENT B TCEQ CONTRACT 582-23-40031 AMENDMENT3 Page 13 of 26 CITY OF FORT WORTH TCEQ CONTRACT 582-23-40031 AMENDMENT3 Cost Budget l. Budget. Authorized budgeted e�enditures for work performed are as follows: a. Direct Costs Budget Category Salary / Wages Fringe Benefits Travel Supplies Equipment Contractual Construction Other Total Direct Costs b. Indirect Costs Distribution Base Amount (identi fy Base rype below) Indirect Cost Rate for Reimbursement Total Indirect Costs c. Maximum Authorized Reimbursement Maximum Authorized Reimbursement (Direct and Indirect Costs) Cost for Work to be Performed $40,000.00 $20,451.21 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $60,451.21 $40,000.00 10% $4,000.00 $64,451.21 2. Indirect Cost Distribution Base. The Distribution Base above is (check one): ❑ direct salary/wages and fringe benefits ❑ modified total direct costs � other direct cost Base If other direct cost Base, identify: Salary Only Page 14 of 26 CITY OF FORT WORTH The indirect cost rate is (check one): TCEQ CONTRACT 582-23-40031 AMENDMENT3 ❑ Predetermined Rate— an indirect rate that is negotiated between the Performing Party and its federal cognizant agency and supported by a current Negotiated Indirect Cost Rate Agreement (NICRA) letter. A Predetermined Rate is not subject to adjustment except as provided by 2 Code of Federal Regulations (CFR) � 200.411. ❑ De Minimis Rate— if Performing Party does not have a current negotiated indirect rate, Performing Parry may use a standard rate of ten percent of Modified Total Direct Costs (MTDC) in lieu of determining the actual indirect costs of the service. Costs must be consistently charged as either indirect or direct costs. ❑ Partial Reimbursement Rate— a reimbursement rate agreed to between TCEQ and Performing Parry that is less than the rate authorized under TxGMS or, where applicable, 2 CFR Part 200. Performing Party contributes all of its unreimbursed indirect costs to the successful performance of the project or projects funded under this Contract, in accordance with Article 9 of this section. � Other: De Minimis Rate with a base of salary only. Other. If Budget Category "Other" is greater than $ 2 5,000 or more than 10% of budget total, identify the main constituents: N/A 3. 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. 4. Budget Categories. The Budget Categories above are representative of the items of cost found in TxGMS and 2 CFR Part 200, and have the definitions, requirements, and limitations found therein. Construction costs are not reimbursable without prior, specific written authorization from TCEQ. 5. Budget Control. a. Cumulative transfers equal to or less than 10% of the Total Budget. Performing Parry may transfer amounts between the approved cost budget categories so long as cumulative transfers from 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 acknowledgement 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 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 Parry may not transfer amounts to budget categories containing zero dollars without TCEQ pre-approval in writing. d. If a transfer between approved cost budget categories results in a change in the total reimbursable indirect cost amount, the change in the reimbursable indirect cost Page 15 of 26 TCEQ CONTRACT 582-23-40031 CITY OF FORT WORTH AMENDMENT 3 amount is subject to the requirements of this Budget Control clause and must be documented in the BRR or an amendment, as applicable. The Performing Party may elect to reduce the reimbursable indirect cost amount below its total indirect costs to meet the requirements of this Budget Control clause. 6. Invoice Submittal. All invoices must be submitted in a format that clearly shows how the budget control requirement is being met. Unless otherwise stipulated in the Contract, invoices, including the Financial Status Report (or if allowed specifically in the Contract, substitute form(s)), must be submitted to the individual named in the Notices, Project Representatives and Records Location document at the following intervals. ❑ Monthly � Quarterly Invoices shall be submitted within � 30 days ❑ 45 days of the end of the interval checked above. Final invoices shall be submitted within sixty calendar days after completing the Scope of Work activities. TCEQ may unilaterally extend this deadline by e-mail. 7. Supporting Records. Performing Parry 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. 8. 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 or, where applicable, 2 CFR Part 200. 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 the project(s) funded under this Contract, and waives any right it may have to reimbursement of those costs. Performing Parry must fund all unreimbursed indirect costs from sources that may be properly used to fund such unreimbursed costs (e.g., unrestricted funds). Performing Parry must not charge unreimbursed indirect costs to a different state or federal grant without each grantor's written permission. a. If this Contract requires matching funds, Performing Party may, with written TCEQ approval (and federal awarding agency approval if the match is required by a federal grant), claim its unreimbursed indirect costs as part or all of its match. Page 16 of 26 CITY OF FORT WORTH ATTACHMENT C TCEQ CONTRACT 582-23-40031 AMENDMENT3 Page 17 of 26 CITY OF FORT WORTH TCEQ CONTRACT 582-23-40031 AMENDMENT3 NOTICES, PROJECT REPRESENTATIVES AND RECORDS LOCATION CONTRACT NO. 582-23-40031 PROJECT TITLE: CIT'Y 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) TCEQ PROJECT MANAGER (for Technical Matters) Paushiana Madison. Contract Snecialist Business & Financial Services Section Texas Commission on Environmental Quality P.O. Box 13087 MC-165 Austin, Texas 78711-3087 Telephone No. (512) 239-5057 Email Address: Paushiana.Madison@tceq.texas.gov 4. Performing Party Representatives. For Contractual Matters Anthonv Williams Proiect Mana�er City of Fort Worth 200 Texas Street Fort Worth, TX 76102 Telephone No. (817) 392-5462 Email Address: Anthony.Williams@f ortworhttexas.gov Mvrah Urauidcz. Proiect Mana�cr Network Oberations Section Texas Commission on Environmental Quality P.O. Box 13087 MC-165 Austin, Texas 78711-3087 Telephone No. (512) 239-1721 Email Address: Myrah.Urquidez@tceq.texas.gov For Technical Matters Daniel Fernandez Senior Environmental Snecialist City of Fort Worth 200 Texas Street Fort Worth, TX 76102 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 18 of 26 CITY OF FORT WORTH ATTACHMENT D TCEQ CONTRACT 582-23-40031 AMENDMENT3 Page 19 of 26 CITY OF FORT WORTH TCEQ CONTRACT 582-23-40031 AMENDMENT3 Texas Commission on Environmental Quality Financial Status Report Grant/Contract Title Contract Number 582- Work Order or PGA #, if 582- applicable Performing Party Name and Address Performing Party ID Number Report Type ❑ Quarterly ❑ Monthly ❑ Final Period Covered by This From To Report Total Contract Period From To Budget Categories* Approved This Report Cumulative Remaining Budget Period Contract Dollars Balance Expended � a. Salary/Wages** � b. Fringe Benefits � c. Travel** � d. Supplies** � e. Equipment** � f. Contractual** � g. Construction** � h. Other** i. Total Direct Costs (sum a. — h.) j. Indirect Cost (_% x$ (Base) � k. Other In-Kind Cost I. Total Project Cost (i. + j. + k.) m. Recipient Share of Expenditures (if req'd.) % n. TCEQ Reimbursement Amount (I. — m.) *Budget categories may not contain negative amounts. **Itemize all component expenditures comprisingthetotal foreach ofthese categories on the attached supplemental forms. Attach substantiating documentation, as required. Page 20 of 26 TCEQ CONTRACT 582-23-40031 CITY OF FORT WORTH AMENDMENT 3 Texas Commission on Environmental Quality Financial Status Report CERTIFICATION: By signing this report, I certify that I am authorized to legally bind the Performing Party named above. I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Contract award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil, or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812, and state law). *If using an electronic signature instead of a typed signature, please complete the entire application before signing electronically. The ability to edit, add, or remove information will not be available after the application is electronically signed. Signature of Authorized Certifying Official Typed or Printed Name Title of Authorized Certifying Official Telephone (area code, number, ext.) Date Submitted ext. Page 21 of 26 CITY OF FORT WORTH TCEQ CONTRACT 582-23-40031 AMENDMENT3 Supplemental Forms Substantiating Documentation (travel receipts, invoices, etc.) must be attached to this form; see Preparation Instructions. All documentation must be legible. Add more rows as necessary. Salary/Wage and Fringe Expenditures during this report period All employees must be listed on a PEL associated with the invoicing period. An updated PEL is required when employment status changes. A. Salary/Wages Employee Name Title/Position Salary (this period) Task Number(s) (If none specified, Description of Task) Total Salary/Wage Expenditures (must agree with line a.) B. Fringe ( %, if specified in contract) Total Fringe Benefits for the reporting period (must agree with line b.) Total Salary/Wage Expenditures & Fringe Benefits Travel Expenditures during this report period Employee Date(s) Destination Meals of and Purpose Travel Total Travel Expenditures (must agree with line c.) Lodging Transportation Other (provide description) Task Number(s) (If none specified, Description of Task) Page 22 of 26 CITY OF FORT WORTH TCEQ CONTRACT 582-23-40031 AMENDMENT3 Supplemental Forms Substantiating Documentation (travel receipts, invoices, etc.) must be attached to this form; see Preparation Instructions. All documentation must be legible. Add more rows as necessary. Supplies Purchased during this report period Item Description Total Supply Expenditures (must agree with line d.) Unit Cost Number Purchased Equipment Purchased during this report period Item Description (must match Serial description provided for approval) Number or otherlD Number � � � ITotal Equipment Expenditures (must agree with line e.) Unit Cost Number Purchased Contractual Expenditures during this report period Subcontractor(s) Total Contractual Expenditures (must agree with line f.) Activity/Purpose Total Cost Total Cost Task Number(s) (If none specified, Description of Task) Task Number(s) (If none specified, Description of Task) I I Date(s) Cost (this Performed period) Task Number(s) (If none specified, Description of Task) Page 23 of 26 CITY OF FORT WORTH TCEQ CONTRACT 582-23-40031 AMENDMENT3 Supplemental Forms Substantiating Documentation (travel receipts, invoices, etc.) must be attached to this form; see Preparation Instructions. All documentation must be legible. Add more rows as necessary. Construction Expenditures during this report period Description Activity/Purpose Cost (this Task period) Number(s) (If none specified, Description of Task) Total Construction Expenditures (must agree with line g.) Other Expenditures during this report period including Expenditures by Subgrantees Description and/or Subgrantee(s) Activity/Purpose/Quantity Cost (this Task period) Number(s) (If none specified, Description of Task) Total Other Expenditures (must agree with line h.) Other In-I<ind Contributions during this report period Description and/or Subgrantee(s) Activity/Purpose/Quantity Cost (this Task period) Number(s) (If none specified, Description of Task) Total Other Expenditures (must agree with line h.) Page 24 of 26 TCEQ CONTRACT 582-23-40031 CITY OF FORT WORTH AMENDMENT 3 Financial Status Report Preparation Instructions 1. The Performing Party, in order to obtain reimbursement for those expenditures authorized under this Contract, shall submit a completed, legible, TCEQ Financial Status Report ("FSR", TCEQ Form 20248) and provide any required receipts or documentation. 2. The FSR must be submitted as directed underthe Contract (monthly, quarterly, etc.) and meet any contractual time periods and deadlines. 3. An FSR is required even if no expenses were incurred during the report period. 4. Salary/Wage Expenditures: Unless otherwise specified in the Contract, the Performing Party does not need to attach timesheets to the FSR. The Performing Party is, however, expected to maintain such documentation that can serve to verify the total, overall hours of staff time being directly billed to this Contract. The Performing Party must provide a Level-of-Effort Certification for each salaried employee performing work under this Contract, where costs are determined based on percentage of the employee's time performing activities; unless, in accordance with the Contract and its General Terms and Conditions, TCEQ has approved another method of documentation. 5. Travel Expenditures: Unless otherwise specified in the Contract, the Performing Party must attach documentation that substantiates travel-related costs such as legible copies of Performing Party-approved travel vouchers signed by the employee who traveled; receipts showing the traveler's name, travel location, and travel dates; and itemized receipts for meals, lodging, and transportation. 6. Supplies: Unless otherwise specified in the Contract, for any single item costing more than $500, the Performing Party must attach documentation that identifies the good, the vendor or subcontractor who provided the good, and reflects the reimbursable amount listed on this form. Preferred documentation includes receipts, purchase orders, and/or invoices showing "received/paid". The Performing Party may not intentionally break up orders for the purpose of avoiding a requirement to provide confirming documentation. 7. Equipment Expenditures: TCEQ may disallow the cost of equipment purchased without prior approval. Performing Party must attach documentation that identifies the specific piece of equipment received, the serial or other identification number, the vendor who provided the equipment, and reflects the reimbursable amount listed on this form. The documentation must be either a purchase order marked "received/paid" or a vendor-provided invoice or receipt similarly showing that the expense was both paid by the Performing Party and is now in the Performing Party's possession. 8. Contractual Expenditures: Performing Party must attach documentation reflecting the contractual expenditure that identifies the services received, the subcontractor who provided the services, and reflects the reimbursable amount listed on this form. Documentation reflecting the contractual expenditure must include a dated invoice, purchase order, or receipt that shows the amount billed to and paid by the Performing Party and any "past due" amount from previous invoices. 9. Construction: Performing Party must attach documentation that demonstrates its expenditures toward completion of the Task associated, including any schedule of values or other estimates related to the work completed. 10. Other Expenditures: Unless otherwise specified in the Contract, for any subaward, single item, or service costing more than $500, the Performing Party must attach documentation that identifies the good or service, any subgrantee that performed work, and reflects the reimbursable amount listed on this form. Preferred documentation includes receipts, purchase orders and/or invoices showing "received/paid," documentation demonstrating expenditures towards completion of the Task associated, and for expenditures by subgrantees, documentation sufficient for verifying completion of the Task or objective associated with an expenditure including documentation otherwise required under a deliverable. The Performing Party and any subgrantee may not intentionally break up orders for the purpose of avoiding a requirement to provide confirming documentation. Page 25 of 26 CITY OF FORT WORTH TCEQ CONTRACT 582-23-40031 AMENDMENT3 11. Other In-Kind Contributions: In-kind, donated goods/equipment, or volunteer services may be recorded as contributing towards the cost-share or matching share only. These costs may not be reimbursed by TCEQ. The Performing Party must follow 2 CFR 200.306 for valuing and documenting these amounts. 12. A single expenditure may support more than one task or objective. The Performing Party may list multiple tasks or objectives supported. Page 26 of 26 c�ty of Fort wortn, Mayor and Texas Council Communication DATE: 09/16/25 M8�C FILE NUMBER: M&C 25-0882 LOG NAME: 22TCEQ PM 2.5 CONTRACT FY2026 SUBJECT (ALL) Authorize Execution of the Third Amendment to the Texas Commission on Environmental Quality Federally Funded Cooperative Agreement 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 execution of the third amendment to the Texas Commission on Environmental Quality (TCEQ) federally funded cooperative agreement (City Secretary Contract Number 62491), in an amount up to $64,451.21 for a finrelve-month term beginning September 1, 2025, and expiring August 31, 2026 for ambient air monitoring operations; 2. Apply an indirect cost rate of 10.00 percent (10%), an estimate amount up to $4,000.00, in accordance with the terms of the Texas Commission on Environmental Quality (TCEQ) federally funded cooperative agreement; and 3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grant Operating Federal Fund, in an amount up to $64,451.21, subject to the receipt of the agreement, for the purpose of funding ambient air monitoring operations. DISCUSSIQ�; The City of Fort Worth (City) operates a comprehensive air quality program with the Texas Commission on Environmental Quality (TCEQ), under three separate, but related contracts. This local air program benefits the Ciry by ensuring that facilities are in compliance with air quality regulations and by supporting data collection for air pollutants. Among the three 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. 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 indudes daily monitoring of oxides of nitrogen and particulate matter. Upon approval, this Agreement 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, 2025, through August 31, 2026, with a maximum amount up to $64,451.21 for reimbursement of expenses to the City. DOCUMENT Initial Contract (FY23) Amendment 1 (FY24) Amendment 2 (FY25) Amendment 3 (FY26) M8�C No. APPROVAL DATE M&C 22-0507 06/28/22 M&C 23-0485 06/13/23 M&C 24-0589 06/25/24 PENDING PENDING AGREEMENT TOTAL AMOUNT $64,451.21 $64,451.21 $64,451.21 $64,451.21 TOTAL: $64,451.21 $64,451.21 $64,451.21 $64,451.21 $257,804.84 This agreement covers the operation and maintenance of four Continuous Air Monitoring Stations as follows: STATION ADDRESS EQUIPMENT Eagle Mountain Lake 14290 Morris Dido Newark 1 Nitrogen Oxides Monitor Road California Parkway North Haws Athletic Center Keller 1198 California Parkway North 2 PM 2.5 Monitors 600 Congress Street 10218 Alta Vista Road 1 PM 2.5 Monitor 1 Nitrogen Oxides Monitor This agreement partially funds four authorized positions in the Environmental Services Department for air quality monitoring. Salary and Fringe, for a portion of four full time employees, will be funded in an estimated amount up to $60,451.21. Indirect costs will be recovered under this agreement at a rate of 10%, an estimated amount up to $4,000.00. Position Authorized Positions (AP) Environmental Supervisor 0.08 Senior Environmental Specialist 0.01 Senior Environmental Specialist 0.05 Environmental Specialist 0.38 TOTAL: 0.52 If these funds become unavailable, the Environmental Services Department would determine a transition plan to identify additional funding sources such as Environmental Protection Fund (EPF) or suspend the program.. No City funds will be expended before the contract is approved. Upon approval and acceptance of the agreement and execution of the contract, City funds will be expended before receipt of funds. No matching funds are required. There is no grant application repository number, as the Environmental Services Department does not apply for these funds. Funding is based on the Contract befinreen the City and TCEQ to operate the air quality monitoring program as stated above. 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 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 agreement. Submitted for Citv Manaaer's Office bv Oriainatina Business Unit Head: Additional Information Contact: Valerie Washington 6199 Cody Whittenburg 5455 Wyndie Turpen 6982 Julianne Ragland 7251 CONTRACT COMPLIA�VCE MANAGER: By signing this document, I acknowledge that I am the {�erson responsi�le for the r�anFtoring and administratian of this cor�tract, including ensuring all performance and reporting requirements. ANTHONY WILLIAMS � NAME SIGNATURE ENVIRONMENTAL SUPERVISOR TI�LE F�RT��RTHo City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name Texas Commission on Environmental Quality Subject of the Agreement: Ambient Air Monitoring Operations - PM 2.5: Supports a portion of a regional, regulatory ambient air pollution monitoring network. This includes daily monitoring of oxides of nitrogen and particulate matter. M&C Approved by the Council? * Yes ❑✓ No ❑ If �so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑✓ No ❑ 62491-A3 If �so, provide the original contract number and the amendment number. Is the Contract "PermanenY'? *Yes ❑ No 0 If �unsure, see back page for permanent contract listing. Is this entire contract Confidential? *Yes ❑ No ❑✓ If only specific information is Confidential, please list what information is Confidential and the page it is located. Effective Date: September 1, 2025 Expiration Date: August 31, 2026 If different from the approval date. If applicable. Is a 1295 Form required? * Yes ❑ No ❑✓ *If �so, please ensure it is attached to the approving M&C or attached to the contract. Proj ect Number: If applicable. 104332 *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes ❑✓ No ❑ Contracts need to be routed for CSO processin� in the followin� order: 1. Katherine Cenicola (Approver) 2. Jannette S. Goodall (Signer) 3. Allison Tidwell (Form Filler) *Indicates the information is required and if the information is not provided, the contract will be returned to the department.