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HomeMy WebLinkAboutAir Monitoring - Augusta Area Augusta Richmond GA DOCUMENT NAME: Prir ((Ion ;+-OrlYL~ - A-uij0sh A-r~ DOCUMENT TYPE: COY1frCtL t YEAR /9q (; BOX NUMBER: 2- FILE NUMBER: ) J 0 30 NUMBER OF PAGES: /q Georgia Department of Natural Resources . I Environmental Protection Division, Air Protection Branch 4244 International Parkway, Suite 120, Atlanta, Georgia 30354 404/363-7000 Lonice C. Barrett, Commissioner Harold F. Reheis. Director December 23, 1996 Mr. Drew Goins Assistant Commissioner of Public Works City of Augusta Room 701, Municipal Bldg. Augusta, GA 30911 Dear Mr. Goins: Enclosed is the fully executed copy of the Contract for air monitoring for FY 1997 for Augusta, Richmond County, Georgia. Please reference contract number 773-790012 on all correspondence regarding this contract. If you have any questions or comments, please contact me at (404) 363-7004. Sincerely, ~~~~~ Program Manager Ambient Monitoring Program RAB/sls Enclosure CONTRACT with CITY OF AUGUSTA AIR MONITORING - AUGUST A AREA THIS CONTRACT, entered into as of this 1st day of July, 1996 by and between the Environmental Protection Division of the Department of Natural Resources, State of Georgia (hereinafter called the "Division") and the City of Augusta (hereinafter called the "Contractor"). W IINESSEIH: WHEREAS, the Division is acting pursuant to the laws of the Georgia Air Quality Control Act, GA Laws as amended and GA Laws 1972, pp. 1015, 1055, 1058; and WHEREAS, the Division desires to engage the Contractor to render certain technical professional services hereafter described in connection with an understanding which is expected to be partially fInanced under Section 105 of the Clean Air Act. NOW, THEREFORE, the parties hereto do mutually agree as follows: 1. Employment Of Contractor: The Division hereby agrees to engage the Contractor and the Contractor hereby agrees to perform personally the services hereafter set forth in connection with the Project of the Division under the Environmental Protection Agency Grant. 2. Scope Of Services: The Contractor shall do, perform and carry out personally, in a satisfactory and proper manner, as determined by the Division, the following services: Page 1 of 17 Augusta Contract A. Take air samples at designated site location(s), use equipment which the Contractor agrees to service and maintain as follows: 1. Site 1 - East Au~sta Middle School (Old Au~sta Sandbar Ferry Junior Hi~h Schoon. Kentucky Avenue 1 - Hi~h Volume Air Sampler Sample to be put on once every six (6) days, allowed to run 24 hours and removed the next working day. At this time, the exposed sample will be mailed to the Ambient Monitoring Program office. Envelopes and stamps will be provided by the Division. Samples will be taken in accordance with instructions provided in Operator's Manual. Hi-vol fllters will be installed prior to every sixth day sample date and removed the day following. Exposed filters will be mailed to the Ambient Monitoring Program office in postpaid envelopes provided. Operator will perform minor maintenance as needed (Le., correct seven day timer settings and complete motor exchanges semi-annually). Exchanged motors will be returned to the Ambient Monitoring Program office using designated mailing method. Page 2 of 17 Augusta Contract 2. Site 2 - Medical Colle~e of Geor~ia Student Center Buildin~ Augusta.GA 2 - Hiih Volume Air Samplers Sample to be put on once every six (6) days, allowed to run 24 hours and removed the next working day. At this time, the exposed sample will be mailed to the Ambient Monitoring Program office. Envelopes and stamps will be provided by the Division. NOTE: Handling of each sample and associated monitoring procedures shall be done in an identical fashion. Samples will be taken in accordance with instructions provided in Operator's Manual. Hi-vol filters will be installed prior to every sixth day sample date and removed the day following. Exposed filters will be mailed to the Ambient Monitoring Program office in postpaid envelopes provided. Operator will perform minor maintenance as needed (i.e., correct seven day timer settings and complete motor exchanges semi-annually). Exchanged motors will be returned to the Ambient Monitoring Program office using designated mailing method. Page 3 of 17 Augusta Contract 3. Site 3 - Waste Water Treatment Plant. New Savannah Road Au~sta. GA 1 - Hii:h Volume Air Sampler Sample to be put on once every six (6) days, allowed to run 24 hours and removed the next working day. At this time, the exposed sample will be mailed to the Ambient Monitoring Program office. Envelopes and stamps will ~ provided by the Division. Samples will be taken in accordance with instructions provided in Operator's Manual. Hi-vol fIlters will be installed prior to every sixth day sample date and removed the day following. Exposed fIlters will be mailed to the Ambient Monitoring Program office in postpaid envelopes provided. Operator will perform minor maintenance as needed (i.e., correct seven day timer settings and complete motor exchanges semi-annually). Exchanged motors will be returned to the Ambient Monitoring Program office using designated mailing method. Page 4 of 17 Augusta Contract 4. Site 4 - Bun~alow School. Bun~alow Road. AUillsta. GA 1 - PM-lO Monitor Sample to be put on once every six (6) days, allowed to run 24 hours and removed the next working day. At this time, the exposed sample will be mailed to the Ambient Monitoring Program office. Envelopes and stamps will be provided by the Division. Samples will be taken in accordance with instructions provided in Operator's Manual. PM-lO filters will be installed prior to every sixth day sample date and removed the day following. Exposed ftlters will be mailed to the Ambient Monitoring Program office in postpaid envelopes provided. Operator will perform minor maintenance as needed (i.e., correct seven day timer settings and complete motor exchanges semi-annually). Exchanged motors will be returned to the Ambient Monitoring Program office using designated mailing method. 1 - Ozone Continuous Monitor a. Service two (2) days per week for months March through September and one (1) day per week for months October and November. Perform zero and span checks at each visit. In each month, during two (2) of these visits, perform a Page 5 of 17 Augusta Contract precision check in addition to the zero and span check. Do not make precision checks in the same week nor in consecurtive weeks. Check analyzer and recorder for proper operation and documentation. NOTE: Occasionally more frequent visits may be necessary to insure valid data. and/or proper instrument operation. If more frequent visits are needed to adequately handle a particular situation, then a corresponding reduction in future visits can be negotiated. b. Perform minor maintenace as needed (i.e., maintain ink supply, change chart paper, correct time and other items as described by the Division). c. Fill out log sheets and make necessary comments pertaining to equipment operation. d. On the fIrst visit after the 17th and last day of each month, the accumulated data, charts, and log sheets shall be mailed to the Ambient Monitoring Program office no later than fIve (5) days after the 1st and 17th. e. Notify the Ambient Monitoring Program personnel immediately whenever there is equipment malfunction or Page 6 of 17 Augusta Contract excessively high pollutant concentrations (will be defmed in Procedures Manual to be supplied by the Ambient Monitoring Program). 5. Site 5 - Clara E. Jenkins School. Dan Bowles Road. Au~sta. GA 1 - Hi~h Volume Air Sampler Sample to be put on once every six (6) days, allowed to run 24 hours and removed the next working day. At this time, the exposed sample will be mailed to the Ambient Monitoring Program office. Envelopes and stamps will be provided by the Division. Samples will be taken in accordance with instructions provided in Operator's Manual. Hi-vol filters will be installed prior to every sixth day sample date and removed the day following. Exposed filters will be mailed to the Ambient Monitoring Program office in postpaid envelopes provided. Operator will perform minor maintenance as needed (Le., correct seven day timer settings and complete motor exchanges semi-annually). Exchanged motors will be returned to the Ambient Monitoring Program office using designated mailing method. Page 7 of 17 Augusta Contract 6. Site 6 - Reiional Youth Development Center 1820 New Savannah Road. AUiUsta. GA 1 - Sulfur Dioxide Continuous Monitor a. Service one (1) day per week during calendar year 1995. Perform zero and span check at each visit. In each month, during two (2) of these visits, perform precision check in addition to the zero and span check. Do not make precision checks in the same week nor in consecutive weeks. Check analyzer and recorder for proper operation and documentation. NOTE: Occasionally more frequent visits may be necessary to insure valid data and/or proper instrument operation. If more frequent visits are needed to adequately handle a particular situation, then a corresponding reduction in future visits can be negotiated. b. Perform minor maintenance as needed (i.e., maintain ink supply, change chart paper, correct time and other items as directed by the Division). c. Fill out log sheets and make necessary comments pertaining to equipment operations. Page 8 of 17 Augusta Contract d. On the nrst visit after the 17th and end of each month, the accumulated data', charts and log sheets shall be mailed to the Ambient Monitoring Program office and received no later than nve (5) days after the 1st and 17th day of each month. B. Procedures Manual and training shall be provided (0 the operator by the Division to insure proper operation of all instrumentation and to clarify any misunderstandings as it pertains to proper performance of the above outlined duties. This assistance will be provided as soon as possible with additional assistance available as necessary. C. Special Stipulations: Normally all air sampling will be conducted as outlined in the Procedures Manual provided by the Division; however, in the event that air quality deteriorates and ambient concentrations of the pollutant being sampled equal or exceed levels of concern as shown in Attachment II material entitled Air Pollution Alert, Air Pollution Warning, Air Pollution Emergency, then the operator will be expected to extend normal working hours as necessary in order to maintain close surveillance of pollutant concentration and to keep the Air Protection Branch apprised of changing conditions until such time as pollutant concentration decreases to acceptable levels. The conditions are riot expected to occur, but in the event they do, the operator will be expected to perform accordingly. D. Reports and Tabul~tions ReQ.llired to be Submitted are as follows: Sulfur Dioxide and Ozone Continuous Monitors on a semi-monthly basis Page 9 of 17 Augusta Contract (lst-16th; 17th-31st) with the data from this analyzer will be submitted to the Ambient Monitoring Program with five (5) days after end of each month. Envelopes and stamps will be provided by the Division. 3. Personnel: A. The ~ontractor represents that he has, or will secure at his expense, all personnel required in performing the services under this Contract. Such personnel shall not be employees of or have any contractual relationship with the Division or any State Agency. B. All the services required hereunder will be performed by the Contractor or under his supervision, and all personnel engaged in the work shall be fully qualified and shall be authorized under State and local law to perform such services. C. None of the work or services covered by this contract shall be sulx:ontracted without the prior written approval of the Division. 4. Data To Be Furnished To Contractor: All infonnation, data, reports, records and maps as are existing, available and necessary for the carrying out of the work shall be furnished to the Contractor without charge by the Division, and the Division shall cooperate with the Contractor in every way possible in the carrying out of the planning work. 5. Time Of Performance: The services of the Contractor are to commence as soon as practicable after the issuance of a notice to proceed by the Division and shall be undertaken and completed in such sequence as to assure their expeditious completion in light of the purpose of Page 10 of 17 Augusta Contract this Contract, but in any event, all of the services r~quired hereunder shall be completed by June 30, 1997. 6. Compensation: Compensation for above Scope of Services including any automobile mileage necessary to accomplish these services will be at the rate of $6,000.00 total. The Contractor agrees to keep an itemized record of expenses which shall be open to inspection by the Division or its authorized representative. Payment is to be made to the City of Augusta. 7. Method Of Payment: The Division shall pay to the Contractor the amount set forth in Paragraph 6 which constitutes full and complete compensation for the Contractor's services herein. Such sum will be paid in the following manner, in every case, subject to receipt of a requisition or invoice for payment from the Contractor specifying that he has performed the work under this Contract in conformance with the Contract and that he is entitled to receive the amount requisitioned under the terms of the Contract. Payment Quarterly Upon Invoice: $1,750.00 for Quarter July - September, 1996 $1,750.00 for Quarter October - December, 1996 $1,250.00 for Quarter January - March, 1997 $1,250.00 for Quarter April - June, 1997 It is expressly understood and agreed that in no event will the total compensation and reimbursement, if any, to be paid hereunder exceed the maximum sum of $6,000.00 per fiscal year for all the services required herein. Page 11 of 17 Augusta Contract 8. Tennination Of Contract For Causes: If, through any cause, the Contractor shall fail to fulfill in timely and proper manner his obligations under this Contract, or if the Contractor shall violate any of the covenants, agreements or, stipulations of this Contract, the Division shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least five (5) days before the effective date of such terminatiqn. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared by the Contractor shall, at the option of the Division, become the property of the Division and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other material. The failure of the Division at any time to require performance by the' Contractor of any provision hereof, shall in no way affect the right of the Division thereafter to enforce that same provision or any part of the Contract, nor shall the failure of the Division to enforce any breach of any provision hereof be taken or held to be a waiver of such provision, or as a waiver, modification or recession of the Contract itself. 9. Tennination For Convenience Of Division: The Division may terminate this Contract at any time by giving written notice to the Contractor of such termination and specifying the effective date thereof at least 15 days before the effective date of such termination. In that event, all finished or unfinished documents and other materials as described in Paragraph 8 above shall, at the option of the Division, become its property. If the Contract is terminated by the Page 12 of 17 Augusta Contract Division as provided herein, the Contractor will be paid an amount which bears the same ratio to the total compensation as the services actually performed bear to the total services of the Contractor covered by this Contract, less payments of compensation previously made; provided, however, that if less than 60 percent of the services covered by this Contract have been performed upon the effective date of such termination the Contractor shall be reimbursed, in addition to the above payment, for that portion of the actual out-of-pocket expenses, not otherwise reimbursed . under this Contract, incurred by the Contractor during the Contract period which are directly attributable to the uncompleted portion of the services covered by this Contract. If this Contract is terminated due to the fault of the Contractor, Paragraph 8 hereof relative to termination shall apply. 10. Chan~es: This Contract represents the sole and complete understanding of the terms of this Contract between the parties hereto and may be amended, changed or modified only by a written document signed by the parties hereto. 11. Assi~nabilitY: The Contractor shall not assign any interest in this Contract and shall not transfer any interest in the same, whether by assignment or novation, without the prior written consent of the Division thereto, provided, however, that claims for money due or to become due to the Contractor from the Division under this Contract may be assigned to a bank, trust company or other fmancial institution without such approval. Written notice of any such assignment or transfer shall be furnished promptly to the Division. Page 13 of 17 Augusta Contract 12. Interest Of Contractor: The Contractor covenants that he presently has no interest and shall not acquire interest, direct or indirect, which would conflict in any manner or degree with the performance required under this agreement. The Contractor further covenants that in the performance of this agreement, no person having any such interest shall be employed or contracted with. 13. Identification Of Documents: All reports, maps and other documents completed as a part of this Contract other than documents exclusively for internal use within the Division, shall carry the following notation on the front cover of a title page (or, in the case of maps, in the same block) containing the name of the Division. "The preparation of this report, map, document, etc., was financed in part through a grant from the U. S. Environmental Protection Agency under the provisions of Section 105 of the Clean Air Act", together with the month and year the. document was prepared and credit being given to the Environmental Protection Division of the Department of Natural Resources. 14. CoPyriiht: No reports, maps or other documents, produced in whole or in part under this Contract, shall be the subject of an application for copyright by or on behalf of the Contractor. 15. Proifess Reports: The Contractor shall submit brief monthly progress reports to the Division. Such reports shall include, but not be limited to, the cumulative percentage of the Page 14 of 17 Augusta Contract overall task and major subtasks thereunder, identification of any delaying factors and a brief statement of fmdings to the date of reporting and interim recommendations, if any, based thereon. 16. Conflicts Of Interest: The parties to this Contract certify that the provisions of law prohibiting full and part-time appointive officials and employees of the State from engaging in certain transactions affecting the State contained in a.C.G.A. Sections 45-10-20 through 45-10- 28 have not and will not be violated in any respect in regard to this Contract. 17. Assi~ent: This Contract and the proceeds of this Contract may not be assigned, except with the prior written consent of the Director of the Environmental Protection Division. 18. Non Profit: If the Contractor is a nonprofit contractor as defined in Subsection (1) (b) GA Laws 1976, p. 1414, as amended, then the Contractor agrees to comply with the provisions of said Act, and in particular the requirements of Section 3 thereof, and with such further instructions and requirements as the State of Georgia may subsequently require in the implementation of said Act. 19. General Conditions: All covenants, agreements and stipulations in Part 30 Appendix A or Subchapter B, Title 40, Code of Federal Regulations, a copy of which is attached. are incorporated herein by reference. The parties acknowledge having read those general grant conditions and intend that all those covenants, agreements and stipulations between the U.S. Environmental Protection Agency and the Division are applicable to and enforceable against the Contractor. 20. Receipt Of Funds: That the Contractor agrees that as a condition to the receipt of Page 15 of 17 Augusta Contract funds provided herein, and in consideration of other benefits to be derived here from Contractor covenants that it will have an organization-wide audit made by an independent accounting firm for fiscal years which begin after December 31, 1984, in accordance with requirements, regulations, and exceptions prescribed under the Single Audit Act of 1984, 31 U. S. C. Section 7501 ~., and in accordance with generally accepted government auditing standards. Further, Contractor agrees to provide one copy of any audit report so performed to the Division within 180 days following each audit period and as soon as such report is available to Contractor. All records and financial statements as may be necessary to verify the proper accounting of federally financed programs shall be made available to the Division or its agents upon reasonable notice. 21. Applicable Law: This Contract and all rights, privileges and responsibilities shall be interpreted and construed according to the laws of the State of Georgia. 22. Provision: The Contractor agrees to comply with the provisions outlined in "Standard Contract, Appendix 1" attached. 23. Drui Free Worl\place: A drug free workplace will be provided for the Contractor's employees during the performance of this contract; Any subcontractor hired will supply written certification stating: "As part of the subcontracting agreement with (Contractor), we (Subcontractor) certify to the contractor that a drug free workplace will be provided for our employees during the performance of this contract pursuant to paragraph 7 of subsection B of Code Section 50-24-3. " Page 16 of 17 Augusta Contract IN WITNESS WHEREOF, The Division and the Contractor have executed this Contract to be given effect as of the date fIrst above written. ATTEST: Environmental Protection Division Department of Natura! Resources J ~EJUNTYr GEORGIA H ~ DEC. 16. 1997 B~ ilL Harold F. Reheis, Director ATTEST: City of Augusta &/lJwrt/~ I rk BY: YJa-.57< /J >7J<92~ NDfaf"Y Notary PlIO/ie, Columbia County GIorgIa My Comm~ Explnle June 21, 1998 Page 17 of 17 STANDARD CONTRACT APPENDIX 1 (CONTRACT WITH CITY OF AUGUSTA) Federal Requirements for EPD Contractors re: Disadvantaged Business Enterprise Purchasing and Contracting (MBE/WBE) Each of the Division's Grants from U.S. EPA has a specific mandate, established by Congress, that formalized the requirements for offering opportunities to minority and women business enterprises. A copy of the grant conditions and Federal regulations applicable to this Contract are provided to each EPD Contractor and are a part of this Agreement. The Division is committed to a goal of awarding a minimum of 8% (6% to Minority and 2% to Women Businesses) of it's contracts to Disadvantaged Business Enterprises, which includes historically black colleges and women's institution as well as private companies and organizations. By inclusion of this Appendix, this requirement is made a condition of this contract and any subcontract to this Contract. The Contractor (City of Augusta) is required to comply with these conditions, including specifically the six Affirmative steps (as listed below) and outlined in the Federal regulations (40 CFR, part 33.240). The Contractor agrees to include in its bid documents this 6% and 2% "Fair Share" percentage. To evaluate compliance with the "Fair Share" policy, the Contractor agrees to comply with the following six affirmative steps as appropriate: 1. Including qualified minority and women's businesses on solicitation lists; 2. Assuring that minority and women's businesses are solicited whenever they are potential sources; 3. Dividing total requirements, when economically feasible, into small tasks or quantities to permit maximum participation of minority and women's businesses; 4. Establishing delivery schedules. where the requirements of the work permit, which will encourage participation by minority and women's businesses; 5. Using the services and assistance of the U.S. Small Business Administration and the Office of Minority Business Enterprise of the U.S. Department of Commerce; 6. Requiring each party to a subagreement to take the affirmative steps outlined in paragraphs through 5 of this section. The documentation of the six steps must be detailed for review by EPD and U.S. EPA and should document the efforts taken such as; the name and address of MBE's/WBE's solicited, if advertised in newspaper show proof and indicate name of paper. The Contractor is required to submit quarterly reports of total contract expenditures to the Division. which includes a separate total for MBE/WBE utilization.