HomeMy WebLinkAboutFY1998
DOCUMENT NAME: ~y \~~'2S
DOCUMENTTYPE:~C\cJr
YEAR: C1t
BOX NUMBER: OS
FILE NUMBER: \ ~lszl\
NUMBER OF PAGES: c{[)
Augusta Richmond GA
Georgia Department of Natural'Resources
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
August 8, 1997
Mr. Drew Goins
Assistant Commissioner of Public Works
City of Augusta Engineering Department
701 Municipal Building
530 Greene Street
Augusta, GA 30911
Dear Mr. Goins:
Enclosed is the fully executed copy of the Contract for FY 1998 between the Georgia
Department of Natural Resources-Environmental Protection Division and the City of Augusta,
Richmond County, Georgia for the period of July 1, 1997 to June 30, 1998.
Please reference contract number 773-890038 on all correspondence regarding this
contract.
If you have any questions or comments, please contact me at (404) 363-7004.
Sincerely,
~~O?
Program Manager
Ambient Monitoring Program
RAB/sls
Enclosure
CONTRACT
with
CITY OF AUGUST A
AIR MONITORING - AUGUST A AREA
THIS CONTRACT, entered into as of this 1st day of July, 1997 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 I I N E SSE I H:
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:
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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 Augusta Middle School (Old Augusta 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 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.
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Augusta Contract
2. Site 2 - Medical College of Georgia Student Center Building
Augusta.GA
2 - High 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.
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Augusta Contract
3. Site 3 - Waste Water Treatment Plant. New Savannah Road
Augusta. GA
1 - Hi2h 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 (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.
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Augusta Contract
4. Site 4 - Bungalow School. Bungalow Road. Augusta. GA
1 - PM-IO 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
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.
1 - Ozone Continuous Monitor
a. Service two (2) days per wee~ 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
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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
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Augusta Contract
immediately whenever there is equipment malfunction or
excessively high pollutant concentrations (will be defined in
Procedures Manual to be supplied by the Ambient Monitoring
Program) .
5. Site 5 - Clara E. Jenkins School. Dan Bowles Road. Augusta. GA
1 - High 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 (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.
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Augusta Contract
2 - Polyurethane Foam Sampler (PUF)
a. Sample to be put on once every twelve days, allowed to run
24 hours and removed the next working day. At this time
the exposed sample will be mailed to the Environmental
Protection Laboratory in a shipping container supplied by the
Division.
b. Samples will be taken III accordance with instructions
provided in Operator's Manual. PUF samples will be
installed prior to every twelfth day sample date and removed
the day following.
Exposed samples will be mailed to the
Environmental Protection Laboratory in the supplied mailer
and a shipping account number will be provided by the
Division. 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.
3 - Canister Sampler
a. Sample to be put on once every twelve days, allowed to run
24 hours and removed the next working day. At this time,
the filled canister will be mailed to the Environmental
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Augusta Contract
Protection Laboratory in a shipping container supplied by the
Division.
b. Samples will be taken in accordance with instruction
provided in the Operator's Manual. The canister will be
connected to the sampler prior to every twelfth day
sample date and removed the day following. Filled
canisters will be mailed to the
Environmental Protection Laboratory in the supplied
mailer and a shipping account number will be provided by
the Division. Operator will perform minor maintenance
as needed (i.e. tighten connections and check for leaks).
6. Site 6 - Regional Youth Development Center
1820 New Savannah Road. Augusta. GA
1 - Sulfur Dioxide Continuous Monitor
a. Service one (1) day per week during calendar year 1997.
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
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Augusta Contract
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
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.
d. On the first 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 five (5) days after the 1st and 17th day of each
month.
B. Procedures Manual and training shall be provided to 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.
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Augusta Contract
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 not expected to
occur, but in the event they do, the operator will be expected to perform accordingly.
D. Reports and Tabulations Required to be Submitted are as follows:
Sulfur Dioxide and Ozone Continuous Monitors on a semi-monthly basis
(1 st -16th; 17th- 31 st) 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 Contractor 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
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Augusta Contract
shall be authorized under State and local law to perform such services.
C. N one of the work or services covered by this contract shall be
subcontracted without the prior written approval of the Division.
4. Data To Be Furnished To Contractor: All information, 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 this Contract, but in any event, all of the services required hereunder shall be
completed by June 30, 1998.
6. Compensation: Compensation for above Scope of Services including any
automobile mileage necessary to accomplish these services will be at the rate of $9,500.00
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
ePage 12 of 19
Augusta Contract
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:
$2,375.00 for Quarter July - September, 1997
$2,375.00 for Quarter October - December, 1997
$2,375.00 for Quarter January - March, 1998
$2,375.00 for Quarter April - June, 1998
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 $9,500.00 per fiscal
year for all the services required herein.
8. Termination 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 termination. 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
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Augusta Contract
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. Termination 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 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
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Augusta Contract
of the Contractor, Paragraph 8 hereof relative to termination shall apply.
10. Changes: 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. Assignabilitv: 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 financial institution without such approval. Written notice of
any such assignment or transfer shall be furnished promptly to the Division.
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.,
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Augusta Contract
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. Copyright: 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. Progress 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 overall task and major subtasks thereunder, identification of any delaying factors and a
brief statement of findings 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 O.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. Assignment: 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.
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Augusta Contract
18. Non Profit: If the Contractor is a nonprofit contractor as defmed 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 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 et seq., 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
dPage 17 of 19
Augusta Contract
Contractor. All records and fmancial 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. Drug Free Workplace: 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. "
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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:
/ ,"
ATTEST:
vi&
H~~
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. --,-
Environmental Protection Division
Department of Natural Resources
B~ Q;.Q~
Harold F. Reheis, Director
City of Augusta
BY:
This document approved as to
legal sufficiency and form.
~ 1/;/11
. ttorney oite
Page 19 of 19
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Standard Contract Appendix 1
Contract with City of Augusta
Federal Requirements for EPD Contracts 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 formalizes 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 its contracts to Disadvantaged Business Enterprises,
which includes historically black colleges and women's institutions 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 (40CFR, par 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 there 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 affirmative steps outlined in
paragraphs 1 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.
PUBLIC WORKS AND ENGINEERING
Room 701, Municipal Building
530 Greene Street
Augusta, Georgia 30911
Telephone: (706) 821-1706
FAX: (706) 821-1838
MEMORANDUM OF TRANSMITTAL
DATE; August 15, 1997
TO: Ms. Lena Bonner
Clerk for Commission
FROM: OFFICE OF DIRECTOR PUBUC WORKS & ENGINEERING
ATTENTION: Clifford A. Goins
Interim Director Prublic Works - Engineering Division
JOB NO:
74-074
WE ARE SENDING THIS DATA 'v1A (ATTACHED) (SEPARATE COVER) niE FOLLOWING:
Orginal Contract for Air Quality 1997-1998
PLEASE ACKNOWLEDGE THIS RECEIPT BY REllJRNING A SIGNED COPY OF niIS
MEMORANDUM AT YOUR EARUEST CONVENIENCE. l11ANK YOU
RECEIVED ON:
ADDRESSEE:
DWG: MW3