PROPOSAL:

Terminate Contract with RES Environmental Inc. for Field Study to Determine Effectiveness of Increased Watering to Control Dust During High Wind Conditions

SYNOPSIS:

During the February 14, 1997 adoption hearing for amendments to Rule 403, the Construction Industry Air Quality Coalition (CIAQC) raised a concern that during high wind conditions at construction sites, additional watering by water trucks might result in a net increase in entrained dust emissions. The Board resolution directed staff to cosponsor a study to determine the effectiveness of increased watering to control dust emissions. In June 1997, the AQMD contracted with RES Environmental Inc. for $39,460. However, CIAQC recently requested that AQMD terminate the contract for technical reasons unrelated to performance. Staff concurs and acknowledges payment owed for labor expended. Because this study was initiated at the Board’s direction as part of its Rule 403 amendment resolution, staff is seeking Board approval to terminate the contract.

COMMITTEE:

Not applicable

RECOMMENDED ACTION:

Approve the termination of the contract with RES Environmental Inc. for a field study to determine the effectiveness of increased watering to control dust during high wind conditions, as is permitted, under Section 5 of the contract.

Barry Wallerstein, D.Env.
Acting Executive Officer

Background

EPA Best Available Control Measure (BACM) guidance and other studies indicate that additional watering is an effective measure in controlling windblown fugitive dust at construction sites. However, CIAQC raised a concern that during high wind conditions at construction sites, additional watering by water trucks might result in a net increase in the amount of blowing and/or entrained dust emissions, significantly reducing the effectiveness of the watering. In its February 14, 1997 resolution to amend Rule 403 and adopt Rule 1186, the Board directed the AQMD to cosponsor a study to determine the effectiveness of increased watering to control dust emissions from disturbed sites during high wind conditions.

In June 1997, the AQMD contracted with RES Environmental Inc. for $39,460 to conduct a field study to determine the effectiveness of increased watering to control dust during high wind conditions at construction sites. The AQMD intended to conduct a field study to determine the net effectiveness of watering by water trucks when the wind speed exceeds 25 miles per hour at construction sites over various types of soil and under different wind speeds exceeding 25 miles per hour. RES Environmental Inc. has completed a draft work plan for the study and was seeking test sites. However, CIAQC recently requested (see Attachment) that the AQMD terminate the contract with RES Environmental Inc. for technical reasons, unrelated to contractor performance; specifically, difficulty in locating a test site that met all of the study’s requirements. CIAQC also has expressed concerns that the test may not result in any definitive conclusion because of the many variables and uncertainties in this type of field study. Staff concurs with CIAQC’s request and acknowledges payment owed to the contractor for labor expended to date at approximately $7,000.

Staff recommends that your Board authorize the termination of the remaining contract with RES Environmental, Inc. Section 5 of the contract, Termination, allows the District to terminate the contract for nonbreach, provided the district pays the contractor for work performed.

Attachment

Letter from CIAQC

/ / /