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HomeMy WebLinkAboutDepatment of Natural Resources Environmental Protection Division Augusta Richmond GA DOCUMENT NAME: o.~. o\~XOl X~(~ eD\J\X00N'e(\+~ ~~o\~c~or') O\\J\~\Dl DOCUMENT TYPE: ~X()C)~r YEAR: C\l BOX NUMBER: 00 FILE NUMBER: \~\qD NUMBER OF PAGES: _\L\ ." T. - " " -'. -, '" ." , CONTRACT . Between the Department of Natural Resources Environmental Protection Division and Augusta-Richmond County STATE OF GEORGIA COUNTY OF FULTON STRE 121-88 ')~H +t, THIS CONTRACT made this ~ day of - , 1997 by and between the Environmental Protection Division of the Department of Natural Resources, an genc of the State of Georgia (hereinafter referred to as "Ero"), and Augu~,ta-Richmond County Board of Commission Councilpersons (hereinafter referred to as "GRANTEE"). WITNESSETH THAT: WHEREAS, the State of Georgia is interested in the promotion of the health and welfare of its citizens; and WHEREAS, cooperative efforts of the state and local governments are beneficial to the citizens of Georgia; and WHEREAS, Section 12-8-37.1. ofO.C.G.A. provides that EPD may grant and administer funds for the purposes specified therein; and WHEREAS, certain funds were appropriated by the General Assembly for the purposes set forth heretn; and WHEREAS, GRANTEE warrants that it has the authority to expend monies for the purposes set forth herein; and WHEREAS, GRANTEE, in a duly held meeting, adopted a resolution, attached hereto and incorporated herein by reference, approving this C9NTRACT and authorizing the acceptance hereOf; NOW, THEREFORE, and inconsideration of the mutual benefits flowing to each party as hereinafter appear below, the parties mutually agree as follows: 1. /" Scope ofProiect. EPD agrees to grant, and GRANTEE accepts, the sum of $35,972.00 to be' used by GRANTEE for the abatement of scrap tires as described in GRANTEE'S Scrap Tire Clean~Up Program Application (hereinafter referred to as "Exhibit A"), which is attached hereto and incorporated by reference. The GRANTEE is responsible for ensuring that the selected contractor(s) comply with the following. The contractor(s) shall: (a) Secure all approvals, permits, I.D. Numbers required by local, State, 'and Federal governments. J '0) ,. '. ;- ..' ~ (b) Remove all whole scrap tires, PTEs, processed tires, tire shreds, or other tire products from the site(s), as described in EXhibit A. (c) Transport all whole scrap tires, PTEs, processed tires, tire shreds, or other tire products to facilities approved by EPD, as described in EXhibit A. (1) EPD does not allow a person to dispose of a scrap tire into a solid waste landfill. The Director of EPD recognizes that there are some specific types oftires which cannot be recycled. Earth moving off-the-road tires, and tires filled 'with dirt, rock, or gravel may be allowed to be landfilled by means of written approval from an EPD compliance officer. If any tires are disposed of into a solid waste landfill without written approval from an EPD compliance officer, payment may be withheld by EPD. . . (d) Cover and re-vegetate in accordance with criteria established by EPD, those areas disturbed by the scrap tire removal activity. Land disturbed areas are to be stabilized in order to prevent the occurrence of soil erosion due to surface water run-off. (e) Dispose of any other solid waste as may be commingled with the scrap tires, or generated during the recovery of the scrap tires in accordance with local and state solid waste laws and rules. (f) Develop a road capable of allowing access to the tire stockpiles, if necessary. Said road shall be constructed in accordance with county standards. (g) Weigh and date each load of scrap tires and tire-derived products from a site separately at a certified public scale. Said weights for the scrap tires and tire-derived products shall be documented on separate weight tickets. Scrap tires and tire-derived products must be separately weighted at each point of transfer. (h) Weight tickets and log sheets must contain, at a minimum, the following information: (l)Location the scrap tires or the tire-derived products are being transported from. (2)Location of markets the scrap tires or the tire-derived products are being transported to. (3)Loaded gross weight (must be scaled). (4)Vehicle tare weight (must be scaled each trip). (5)Net weight of the scrap tires of tire-derived products. (6)Weight tickets must be signed and dated by a weight station official. 2. Accountabilitv. The GRANTEE agrees to expend the funds specified herein for the purposes stated, and to account for the funds in accordance with generally accepted accounting principles. 3. Payment Schedule. Subject to the availability of funds for such purpose, EPD agrees to pay the GRANTEE in accordance with the following payment schedule: (a) Invoices shall be submitted to EPD for review and approval. Approvable invoices will be paid within thirty (30) days of receipt. (b) GRANTEE may submit to EPD invoices for the amounts payable for performance of work under this CONTRACT when the project has reached 100% completion. EPD may withhold payment of at least 25% pending verification by EPD of completion of all work required by this CONTRACT. 2 " .-c (c) The total cost to EPD for the full performance of this CONTRACT shall not exceed the amount specified herein. GRANTEE shall notify EPD in writing whenever it appears to GRANTEE that the cost of completing the performance of this CONTRACT will exceed such cost. GRANTEE shall not be authorized to incur expenditures in the performance of the work contemplated by this CONTRACT in excess of the cost limitations, unless the cost limitations have been increased by amendment to this CONTRACT. (d) Request for payment shall be submitted within sixty (60) days of project completion. 4. Annroval of Invoices. (a) Unless expressly waived in writing by EPD, GRANTEE'S invoices must contain the following: (1) Scrap tire pile location(s). (2) Verification of weight of tire shreds removed from the site. (3) Verification of weight of whole tires removed from the site for subsequent resale, recycling, processing or disposal as provided for in this CONTRACT. (4) Proof that any tire derived products or whole tires were received by the designated end user as provided in this CONTRACT, including the amount received. (b) Copies of weight scale tickets, manifests, purchase orders and any other supporting documentation must be maintained by GRANTEE and made available to EPD upon request for a period of two years after the final payment on this CONTRACT.. 5. Hold Harmless Oblilmtions. (a) GRANTEE shall hold EPD; its agents and employees, harmless from any and all claims resulting from or arising out of the grant, including, without limitation, damage claims for injury to persons or property. In the event a lawsuit is filed against EPD for the State of Georgia in connection with this CONTRACT, GRANTEE shall, at its own expense, be entitled to and shall have the duty to participate in the defense of the lawsuit ifEPD gives GRANTEE immediate notice in writing of the institution of such suit, permits GRANTEE to fully participate in the defense of the suit, and gives GRANTEE all available information, assistance and authority or enable GRANTEE to do so. No settlement or compromise of any claim, loss or damage asserted against EPD or the State shall be binding upon EPD or the State unless expressly approved in writing by EPD and the State. (b) GRANTEE has submitted an application for the funds herein, and expressly acknowledges that EPD, . its agents and employees, in passing through such funds, has neither assumed nor undertaken any legal duties to GRANTEE or others. GRANTEE agrees to make no claims or demands against EPD, its agents or employees, for any damages that may result from or arise out of the disbursement of the funds hereunder, even if such claims or demands are made against GRANTEE. 6. Conflicts ofInterest~ The undersigned GRANTEE hereby attests that all of the officials of GRANTEE have certified that they have not violated any applicable conflict' of interest law under either state law (O.C.G.A. ~~ 45-10-20-45-10-28 and 36-67A-I-36-67A-4) or under any local ordinance, charter, rule or regulation and that they shall comply with same throughout the term of this CONTRACT. 3 ~ ... 7. Laws and Ordinances. GRANTEE will comply with all applicable Federal and State laws and all local ordinances, including those that govern the procurement of goods and services. 8. Monitorinl! and Audits. Upon request, GRANTEE agrees to provide EPD with any information EPD deems necessary to monitor performance of this CONTRACT, and further agrees that these funds shall be included in thenext regularly scheduled audit or financial statement and all subsequent ones until totally accounted for. GRANTEE understands that any unresolved findings, whether based on an audit report, financial statement, or the final report, shall preclude GRANTEE from applying for and receiving any further grants from the Scrap Tire Management Program until such issues are resolved. 9. Open Meetines. GRANTEE certifies that in approving this CONTRACT, it has complied with the requirements of Chapter 14 of Title 50 of the Official Code of Georgia Annotated regarding open meetings. 10. Termination for the Convenience of EPD. EPD shall have the right to terminate this CONTRACT for any reason by giving written notice to GRANTEE of such termination and specifying the effective date thereof, at least 30 days before the effective date of such termination. In that event, all fmished or unfinished documents, data, studies, surveys, and reports prepared by GRANTEE shall, at the option of EPD, be delivered to EPD and GRANTEE shall be entitled to receive just and equitable compensation for any work completed on such documents and other materials. 11. Termination for Convenience of GRANTEE. GRANTEE may terminate and specify the effective date thereof, at least 180 days before the effective date of such termination. 12. Chanees. EPD may, from time to time, require changes in the scope of the services of GRANTEE to be performed herein. Such changes, including any increases or decreases in the amount of GRANTEE'S compensation, which are mutually agreed upon by EPD and GRANTEE, shall be incorporated in written amendIDents to this CONTRACT. 13. Assi~nabilitv. GRANTEE shall not assign any interest in this CONTRACT, and shall not transfer any interest in the same, "Yhether by assignment or novation, without the prior written consent of EPD. 14. Interest of GRANTEE. GRANTEE covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance required under this agreement. GRANTEE fu~er covenants that, in the performance of this CONTRACT, no person having such interest shall be employed or contracted with. 15. Copyril:ht. No report, surveys, or other documents produced in whole or in part under this CONTRACT shall be the subject of any application for copyrfght by or on behalf of GRANTEE. . 16. General Conditions. The failure of EPD at any time to require performance by GRANTEE of any provision hereof, shall in no way affect the right of EPD thereafter to enforce the same provisions of any part of the CONTRACT, nor shall the waiver by EPD of any breach of any provision, or as a waiver, 4 ,'~ '. modification or recession of the CONTRACT itself. . If GRANTEE is a nonprofit contractor as defined in O.C.G.A. Section 50-20-2 (I), as amended, then GRANTEE agrees to comply with the provision 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. Time is of the essence in this CONTRACT and of every task assignment entered into pursuant to this CONTRACT. This CONTRACT represents the sole and complete understanding of the terms of this agreement between the parties hereto and may be amended, changed or modified only by a written document signed by the parties hereto. 17. Dru~-Free Workplace. (a) GRANTEE hereby certifies that: (I) A drug-free workplace will be provided for the GRANTEE'S employees during the performance of this CONTRACT; and (2) It will secure from any subcontractor hired to work in a drug-free workplacethe following written certification: "As a part of the subcontracting agreement with (Contractor's Name), (subcontractor's Name) certifies to the GRANTEE that a drug-free workplace will be provided for the subcontractor's employees during the performance of this CONTRACT pursuant to paragraph 7 of subsection B of Code Section 50-24-3." 18. Source of Funds. The parties agree that in the event the source of payment for the State's obligations under this CONTRACT no longer exists, or is insufficient to pay for the purposes and activities for which this grant is to be utilized, then this CONTRACT shall, in the sole discretion of EPD, terminate without further obligation of the State as of that moment. The certification by the State of the events stated above shall be conclusive. ' 19. Applicable Law. This agreement and all rights, privileges and responsibilities shall be interpreted and construed according to the laws of the State of Georgia. IN WITNESS WHEREOF, EPD and GRANTEE have executed this agreement as of the date first above written. AUGUSTA-RICHMOND COUNTY BOARD OF COMMISSION COUNCILPERSONS STATE OF GEORGIA ENVIRONMENTAL PROTECTION DIVISION STATE OF GEORGIA BY Harold F. Reheis, Director ATTEST:#~~' This document approve as to . le~torm. . - . AlIomey ~ 5 //. ........::' " , , - , ... . .' RESOLUTION WHEREAS, the Board of Commission Councilperso"ns of Augusta-Richmond County has applied to the Environmental Protection Division of the Department of Natural Resources for a grant of financial assistance for the abatement of scrap tires as described in Exhibit A; and WHEREAS, such a program is necessary to provide adequately for the public health and welfare; IT IS HEREBY RESOLVED by the Board of Commission Councilpersons that the proposed CONTRACT FOR STATE GRANT NO. STPC 121-88 be and the same is hereby approved and the Mayor of theBoard of Commission Councilpersons is herewith authorized to execute, on behalf of Augusta-Richmond County and the Augusta-Richmond County Commission Councilpersons, referenced CONTRACT and any other related documents or papers necessary to obtain the grant as provided therein. This !,P' day of , 19!i1 .~ ~;... ',\ ,..,.. - ~ ~.' 7~.7-,,~,i ~#. FEDERAL ID#.5 9 -J~IJ J/A 74-. 6 ~~~ Commission Councilperson CERTIFICATION I do hereby certify that the above is a true and correct copy of the Resolution duly adopted by the Commission Council on the date so stated in said Resolution. I further certify that I am the CLERK OF THE COMMISSION COUNCIL and that said Resolution had been duly entered in the official records of said Board and remains in full force and effect this U::J day of t1l~ ,19~. rtt!tf ,~ ; nature fI. CMlrichmond gre 7 l. Geo:~::,~=~n;~:::"~~:i:~r<.. Imr~ IH ow ~ I~ Scrap Tire Pile cle,an-UPtlfram Application :,:1!i I ~ .;:.:: .,"7 "':':;7 -EX'^ I L: i . ;- '- n\v.. . ,! SECTION A ; ::'~"NNiNG & M.\':::':!<::~'" Name, County, and Address of Applicant (-See Instructions on Back): Augusta-RichmoiiQCoU~~W~~rd~.oi. ConmissionerSO' CitY~CouIltyMl.l.n.i,cipal Bld (11) Room 802 530 Green St. 2. Contact Person: Mr. Armando Totka Augus ta Ga 30911 3. Telephone: 706-79& ..:,5053 Fax: 706-796-5045 4. Application Prepared by (NamelOrganizationINumber):' Mr Armando Totka , Augus ta-Richmond County License and Inspection. P.O. Box 6399, Augusta Ga 30916 5. Project Description (Descri~ the proj~t in two orihre~ sentences.) B. F ~ 1. Tire Recyc le r swi 11 load and transport the estimated 400 Tons of scrap tires to be collected at the staging sites. in Augusta to their own EPA approved processing facility ln Jackson, Ga., .during the scrapctire/recycle clean-up/roadside event.. 6.. Amount of Reimbursement Funds Requested:. ~J 5 , 9 n .00 7. Expected Project Beginning Date. ~y '17. 1 qq7 Expected Project Completion 'Date.M.<lY ?4. 1 qq7 . , 8. Certification: I, the undersigned authorized representative of the applicant, certify that to the best of my knowledge the : .,.. information in the application is true and correct, the document has been duly authorized by the governing body of the appIiCailt,and, if funded, the applicant will carry out the project activities in the manner descnbed in this application. I further certify that he applicant shall maintain accoun' records in accordance with generally accepted governmental accounting principles and that thetUnds awarded will be. c C!e in those au' or financial statements that cover all or part of the project duration period noted above. /4/97 10. Mail an application, including required attachments to: Georgia Environmental Protection Division Attn.: Scrap Tire Program . 4244 International Parkway, Suite 104 Atlanta, Georgia 30354 9. Name (please Print): Larry Sconyers Title: Mayor of Ausrosta Geor~ia . ." . . . . .. ::~: .. .. . .. . ......,. . ..........- ..... ...., 11. . Date ReceiVecr ..... . . . . . . - - - - .... - . - . . . . .. .. . . .. .. ..... .. .....', -.' ..... . ..... ......... ............... .............. .:!i:.:i~.......'..."..........................::..." EPD USE.ONLY . rsI ... . ........,................. ,...... Mail '. .~..:r:l..:::.:-; . .. , .. ':... .. J... .... . .,. ..... . ApprO~ g.:~:.~.::::::.::., . .....: '.. .... .. . ...:.... .':'. SWM-FM - Applicationfor Scrap Tire Pile Cl~up ~ 7/96 10f2 ~,-~:- ..~"'';- .; ',~ " Attachment A2 (format) (to be presented in the following order) . 1 .. ~.' . .. . . -' ~ '_'. ;.. ,:",",,~' ~ _ _..6_ '; .. , '. . For scra,p tires accumulated at ~in~ areal'&) durin~ roadside clean 1.ij) proiects and/or scra,p tire recycle week proiects. . l. 2. 3. 4. Location of staging area(s) (attach county map with location) ( area must be fenced and secured). Proposed dates of scrap tire recycle weekes): May 17-2li , 1997 Estimate of number of scrap tires to be removed: 400 Tons 'fires will be removed by: ',. -- '.. ,- . -. . ..- i City/ County personnel- ]urisdictio~~~~~-~~~n~ificatio~ ~~~~: '121 =-133-GN Iii Independe~t Abatement Contractor Contract~r Name:'R l<' T 1'; r&> R&>t")Tt" 1 &>rc:: ('If r-'&>('Irg;.<l J Tnt" Contractor Address: 1 ':\R 'R <:;h&> r r&> 1 Au&>nll&> Jackson Georgia 30733 Contractor Carrier Permit Number: Q1 a gga CR Will Contractor process tires on site? 0 yes ot'no If yes, attach a copy of his Permit by Rule Acknowledgment. S. Scrap Tires will be transported to: Name of Facility: B.F.1. Tire Recyclers of Geon1'ia. Inc. Address of Facility: 138 B SherrellAvenue Jackson Geor~ia- 30233 Identification Number of Facility: 01~ QQ~ CN 6. Proposed Activities to prevent or reduce re-occurrence of illegal tire dumping: 7. o Local enforcement officers (police, sheriff, code officers) will call on scrap tire generators to assure proper disposal of tires. o Local enforcement officers Will require offenders or property owners to clean up tire dumps. rrI Develop local codes addressing the proper handling and disposition of scrap tires. o Develop and promote educational programs on the proper handling and disposition of scrap tires. Pro'ectlActivitiesDesaiDtion,The scrap tire bid was awarded to B.F.I. at $89.93 per t8ri,. ffilnllIlUll lU ton .per load. The staging sites where Augusta-Riclunond COtll1ty Citizens will bring the tires are 1) Eve Street at Pearl Avenue, Augusta, GA (Leased Site) 2) Riclunond County Correctional Institute, Tobacco Rd Augusta, GA. NOTE: Scrap Tire shan aot be transported to laadfiUs tor disposal after December 31, 1994 DJ-aaacba.l&2 SWM-FM- Scrap Tire Pile Cleanup Attachment A-I -7/96 - .~ . . ~ . "~--"";#"""'_."'" " " ~ (Be sure to include the) . RECYCLE EVENT SITE MAP (It does not have to be a map of the entire city or county, just a portion of a map showing the site.) Site Name: A11gJlC:: to .<l-Ri f'hm"nd C011g ty R C' C' I /l<<>ads and Bridges Site Street Name: ?~1 h l'"h~C'('O Road Site City Name: AllgJlc::t<l Ga (If you have multiple sites, be sure you show the above infonnation on all of them.) AUGUSTA Intersection of Eve STreet and Pearl Avenue, Augusta, Ga. y .... ,,: ...J. CA.S:SUl. ST. ~ ~H~. . lSITEl ~. I ~ -/ AUGUSTA-RICHMOND COUNTY ROADS & BRIDGES DEPARTMENT LOCATION. MAP -1 ~.. CITY SITE II LOCATION MAP .-,;:: ....":-- ::..(" USE OF FUNDS Scrap Tire Recyclel Roadside Clean-Up Event .- .. A detailed line item budget highlighting all anticipated sources of project/program funding as well as a detailed line item estimate of all project expenses should be provided. Adequate documentation to suppon the cost estimate should also be submitted with the request." The costs listed below are only a suggested partial estimate of some of the project expenses that may be incurred for scrap tires cleaned up during the Scrap Tire Recycle/ Roadside Clean-Up Event. A. CONTRACTOR COST ~. ;-:- -~ ~.. $-8.9...~ PER TON X 11()() (NUMBER OF TONS) $ ~c:;,q7? ..m [ 10 tons = 1,000 passenger tires] Check off the ~ (either 1 & 3, or 2 & 3) that will apply to your RecyclelRoadside Clean-Up Event. . ~ ~ : l.-L Scrap Tire Contractor will pick the tires up off the ground, with our assistance, from the fenced-in/secured staging site, during the event, and after the event. 2._ The Scrap Tire Contractor will stage trailer(s) at the staging site, during the entire event, and it will be the city's/county's responsibility to load all of the trailers. 3.-X... I have notified the Scrap Tire Contractor, so that he is aware of the price per ton we have agreed upon, . \ the dates of the event(s), the estimated number of tires to be collected per event, and 2.K of the above previously mentioned collection arrangements (either 1 or 2). l1IaCb.b ~ .' " .. i 00 ~ In 0\'Il ~ rn MAY I 4 19971 ~ PLANNING & ADMINISTRATlV~ . ".. SUPPORT PROGRAM ' -'".~ ---- -7;~.", .. _;";.:.~ .. . ;: ,,'