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Home My WebLink AboutOrdinance 4730 r ORDINANCE NO. 4730 AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND ENGAGING MID-AMERICA ENVIRONMENTAL SOLUTIONS FOR THE AMOUNT OF $70,000.00 TO PROVIDE EMERGENCY ENVIRONMENTAL REMEDIATION SERVICES FOR A FERROUS CHLORIDE DISCHARGE; APPROVING A BUDGET ADJUSTMENT IN THE AMOUNT OF $70,000.00; AND DECLARING AN EMERGENCY. WHEREAS, the underground storage tank at the Gregg Avenue Lift Station was discovered to have leaked approximately 4,200 gallons of ferrous chloride, and; WHEREAS, the Arkansas Department of Environmental Quality has generated and approved a Work Plan and a site-specific Health and Safety Plan, and; WHEREAS, Mid-America Environmental Solutions is qualified, and properly licensed to conduct the required remediation. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby finds that such circumstances constitute an exceptional situation where competitive bidding is not feasible or practical, and waives the requirements of formal competitive bidding and engages Mid-America Environmental Solutions for the amount of $70,000.00 to provide Emergency Environmental Remediation Services for a ferrous chloride discharge. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a Budget Adjustment in the amount of $70,000.00. Section 3. Emergency Clause. That the City Council of the City of Fayetteville, Arkansas, hereby finds the immediate environmental remediation of a ferrous chloride discharge to be necessary to preserve the health and safety of the citizens of Fayetteville, and because of such, an emergency is hereby declared to exist and this ordinance shall be in full force and effect from the date of its passage and approval. PASSED and APPROVED this 19th day of July 2005. ``pin mnug4 ;�� .. •01Y 0 , Gp; APPROVED: : FAYETTEVILLE. ' By: %yJy:QkgN`�,p:�J�'� DA COODY, Mayor ATTEST rruuuu " , By: S NDRA SMITH, City Clerk • City of Fayetteville, Arkansas • Budget Adjustment Form Budget Year Department: Water & Wastewater Date Requested Adjustment Number 2005 Division: Water & Sewer Maintenance 7/19/2005 Program: Capital Water.Mains Project or Item Requested: Project or Item Deleted: $70,000 in the Professional Services account. None. $70,000 from the Use of Fund Balance is proposed. Justification of this Increase: Justification of this Decrease: Funds are needed for remediation services for ferrous Sufficient funding remains to comply with City policy. chloride discharge from an underground storage tank at the Gregg Street Lift Station. A new project will be created for this remediation. Increase Budget (Decrease Revenue) Account Name Account Number Amount Project Number Professional services 5400 5600 5314 00 70,000 05044 1 Decrease Budget (Increase. Revenue) Account Name Account Number Amount Project Number Use of fund balance 5400 0940 4999 99 70,000 Approval.Signatures Budget Office Use Only Type: A B C D E Requested By Date Date of Approval Budget Manager Date Initial Date Posted to General Ledger Department Director DateInitial Date Posted to Project Accounting - Finance & Inter naIces Du for jt� - Initial Dale / Entered in Category Log Mayor Date Initial Date G� AD • 7/� 9/DS ye r.:.Rte July . , nn City Council Meeting of Jure 19, 2005 *ld! f� wrlq CITY COUNCIL AGENDA MEMO '�5 ''VI40~7t 1 To: Mayor and City Council From: Bob Davis, P.E., Water & Wastewater Director Date: July 1 , 2005 Subject: REQUEST FOR LUMP SUM FUNDS FOR REMEDIATION SERVICES FOR UNDERGROUND STORAGE TANK REMOVAL AND CLEANUP OF FERROUS CHLORIDE DISCHARGE AT LIFT STATION NO. 12, GREGG STREET LIFT STATION. RECOMMENDATION: Staff recommends approval of purchase of these remediation services to satisfy Arkansas Department of Health requirements 100% approval of this request was received from the Water & Sewer Committee. BACKGROUND: On April 12, 2005, the underground storage tank (UST) at the Gregg Street Lift Station was found empty after apparent failure and discharge of approximately 4,200 gallons of ferrous chloride to the surrounding soils. Ferrous chloride is a listed hazardous material. Remediation of the ferrous chloride release is imperative and a Work Plan and site specific Health and Safety Plan have been generated and approved by ADEQ. At the time of the release, a request was made by Staff to the Purchasing Department to provide emergency funds in the amount of $20,000.00 to expedite site stabilization and initiate assessment/testing services. The request was honored. A sum in the amount of $70,000.00 is requested to conduct the hazardous material removal, cleanup, waste transportation, and waste disposal, testing, consulting, and closure report generation services. The requested funds include the previously alotted $20,000.00. DISCUSSION: This cleanup is required by the Arkansas Department of Health to be conducted a licensed tank removal company. Deliverables will be a closure report to include testing results and hazardous waste manifest documentation. This project will mitigate environmental and regulatory liability for the City of Fayetteville. BUDGET IMPACT: Payment for these services will be from the Water and Sewer Fund. • 9 ORDINANCE NO. AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND ENGAGING MID-AMERICA ENVIRONMENTAL SOLUTIONS FOR THE AMOUNT OF $70A0.00 TO PROVIDE EMERGENCY ENVIRONMENTAL REMEDIATION SERVICES FOR A FERROUS CHLORIDE DISCHARGE; APPROVING A BUDGET ADJUSTMENT IN THE AMOUNT OF $70,000.00; AND DECLARING AN EMERGENCY. WHEREAS, the underground storage tank at the Gregg Avenue Lift Station was discovered to have leaked approximately 4,200 gallons of ferrous chloride, and; WHEREAS, the Arkansas Department of Environmental Quality has generated and approved a Work Plan and a site-specific Health and Safety Plan, and; WHEREAS, Mid-America Environmental Solutions is qualified, and properly licensed to conduct the required remediation. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby finds that such circumstances constitute an exceptional situation where competitive bidding is not feasible or practical, and waives the requirements of formal competitive bidding and engages Mid-America Environmental Solutions for the amount of $70,000.00 to provide Emergency Environmental Remediation Services for a ferrous chloride discharge. - Section 2. That the City Council of the City of Fayetteville, Arkansas . ppr9 es a Budget Adjustment in the amount of $70,000.00. 5f Section 3. Emergency Clause. That the City Council of the City f Faye eville, Ar as, hereby finds the immediate environmental remediation of a errous chlo;i disc arge to bes ecessary to preserve the health and safety of the citizens of Faye v e, and becaus o an emen cy is hereby declared to exist and this ordinance hall be in full rc and effect m th date of itsi ,as age and approval. PASSED and APT ED 19th day 2 5. Ea A PROVED. i . max . i, By: DAN COODY, Mayor ATTESTI: a By: .; SORA SMITH, City Qerk Jun 09 05 02 : 28p MicllvicaEnvSol 4178 8332 p . 2 MDAmerica P.O. Box 737 P.O. Box 414 Environmental Solutions Carthage, MO 64836 Rogers, AR 72757 Ph: 417-358-3599 Ph: 479-621 -5405 Fax: 417-358-8332 June 9, 2005 Mr. Bob Davis, P.E. City of Fayetteville 113 W. Mountain Fayetteville, AR 72701 Fax: 479-575-8257 RE: Estimated pricing for removal of leaking ferrous chloride UST & associated cleanup at the Gregg Street Lift Station Dear Mr. Davis, MiD-America Environmental Solutions (MAES) is providing you with estimated pricing for the costs associated with the removal of leaking ferrous chloride UST and associated cleanup activities. The prices listed below are items known to be necessary to be in compliance with the May 25, 2005 work plan. During the course of work other items may be found to be necessary that are not included in this price schedule. DESCRIPTION UNIT COST UNIT TYPE MULTIPLIER TOTAL PROJECT COORDINATION $450.00 LUMP 1 7;150.00 INITIAL MOBILIZATION $750.00 LUMP 1 $750.00 SUBSEQUENT MOBILIZATIONS $375.00 TRIP LINK UNK LINE LOCATE REQUEST $25.00 PER EVENT 2 $50.00 EXCAVATOR $1,500.00 PER DAY UNK UNK BACKHOE $600.00 PER DAY UNK UNK BOBCAT $360.00 PER DAY UNK UNK ACIDIBASE DIAPHRAGM PUMP $100.00 PER DAY UNK UNK AIR COMPRESSOR $2(10.00 PER DAY UNK UNK DUMPSTER SET FEE $450.00 PER BOX UNK UNK AIR MONITORING INSTRUMENTS $65.00 PER DAY UNK UNK FIELD SCREENING INSTRUMENTS $125.00 PER DAY UNK UNK HW LANDFILL ANALYTICAL PROCESSING* $ PER SAMPLE 1 UNK HW LANDFILL DISPOSAL" $110.00 PERTON UNK UNK TRANSPORTATION TO LANDFILL!" $120.00 PER TON UNK UNK 12 MIL HDPE LINERS $0.85 PER SQ. FT. UNK UNK ASSESSMENT ANALYTICAL (IRON & CHLORIDES) $120.00 PER SAMPLE UNK UNK STREAM ASSESSMENT ANALYTICAL $155.00 PER SAMPLE 6 $930.00 GEOLOGIST"" $95.00 PERHOUR UNK UNK UST LICENSED CONSULTANT"" $75.00 PER HOUR UNK UNK Jun 09 05 02 : 28p MidAw icaEnvSol 417 1J8 8332 p . 3 40 HOUR TRAINED ENVIRONMENTAL TECH"" $45.00 PER HOUR UNK UNK HOTEL & PER DIEM $105.00 PER MANMAY UNK UNK VEHICLES $8•'`•0D PER DAYIVEHICLE UNK UNK 55 GALLON STEEL DRUM $40.00 PER DRUM UNK UNK SS GALLON POLY DRUM $50.00 PER DRUM UNK UNK POLY SHEETING 6 MIL 40' X 100' ROLL $195.00 PER ROLL UNK UNK TEMPORARY FENCING $50.80 PER DAY UNK UNK PHOTOGRAPHS $75.00 LUMP 1 $75.00 LEVEL C PPE $50.00 ENSEMBLE UNK UNK LEVELS PPE $185.00 ENSEMBLE UNK UNK DECON SHOWER UNIT $600.00 LUMP 1 $500.00 REPORT DEVELOPMENT $60.00 PER HOUR UNK UNK FINAL DEMOBILIZATION $500.00 LUMP 1 $500.00 LINK = UNKNOWN ' $785.00 IF QUANITTTY IS OVER 100 CUBIC YARDS, $1285.00 IF QUANRY IS LESS THAN 100 CUBIC YARDS BASED ON SOIL BEING ACCEPTABLE WITHOUT PRE-TREATMENT (MEETS 10 X UTS (UNIVERSAL TREATMENT STANDARDD 22 TON MINIMUM, DEMURRAGE RATE OF $75.0aMOUR BEYONE 1 HOUR (WEEKDAY RATES) " WEEKDAY RATES We have been notified that the previously submitted work plan has been approved as written by the ADEQ and that we can expect to see the formal approval letter in the mail sometime the week of June 13, 2005. If this is the case we are currently planning on initiating activities the week of June 27, 2005. If you have any questions, please call me at 417-358-3599. God Bless, Dominic Whitley Operations Manager p i Mid-America Environmental Solutions � CC�� pp--�� Invoice PO Box 737 aJ Number: 5403 Carthage, MO 64836 MAY 31 2005 Date: 05/26/05 Phone: 417-358-3599 CITY Op p4Vrz . Term: 30 days Fax: 417-358-8332 MAYOR'S oF'= vI LE Due: 06/25/05 FJOE To: Bob Davis City of Fayetteville 113 W. Mountain Fayetteville, AR 72701 05-139 Gregg Street Lift Station Project Development, Fayetteville, Arkansas, P. O. #: 05-0001053-001 04/12/05 Site meeting - Consultant (DW/DR) - total of 6 hours @ $75/hr $450.00 04/14/05 Closure notice preparation & ADEQ correspondence - 3 hr @ $75/hr 225.00 04/14/05 - 04/16/05 Excavator rental 1,085.37 04/14/05 40 HCl and 10 Hydrogen Gas Draeger Tubes 600.00 04/15/05 Preliminary HASP development - 3 hours @ $75/hr 225.00 04/15/05 Technician 9.72 hours @ $45/hr 437.40 Dumpster set fee 450.00 04/20/05 Site meeting Consultants (DW/DR) - total of 6 hours @ $75/hr 450.00 Geologist (NF) - total 2 hours @ $95/hr 190.00 04/21/05 Tightness test 550.00 04/22/05 - 05/25/05 Work Plan and HASP Development - 18 hours @ $75/hr 1,350.00 TOTAL $6,012.77 NOTICE TO OWNERS: Failure of this contractor to pay those persons supplying material or services to complete this can result in the filing of a Mechanic's lien on the property which is the subject of this contract pursuant to Chapter 429, RSMo. To avoid this result you may ask this contractor for "Lien Waivers" from all persons supplying material or service for the work described in this contract. Failure to secure lien waivers may result in you paying for labor and material twice. • City of Fayetteville • Staff Review Form City Council Agenda Items or Contracts 7/19/2005 City Council Meeting Date Bob Davis Water & Wastewater Submitted By Division Depart nt 0 B��Pd. P a4woC � '� AnQ !o -� `�ty�,ts�� w �l-1 V' Action Req red: provide remediation services for Ferrous Chloride discharge from an underground stor e tank at Gregg Street Lift Station. A sum in the amount of $70,000.00 is requested to conduct the hazardous material removal, cleanup, waste transportation, waste disposal, testing, consulting, and closure report generation services. The requested funds include a previously alotted $20,000.00 for the emergency response $70,000.00 $ - Cost of this request Category/Project Budget (2005) Program Category / Project Name 5400.5600.5314.00 $ - Account Number Funds Used to Date Program / Project Category Name $ Water & Sewer Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached �X Previous Ordinance or Resolution # Department Director aDate Original Contract Date: Z r./�-� 76`lar Original Contract Number: City Attorney Received in City Clerk's Office ENTERED 7 / Finance a Internal Service Director Date Received in Mayor's Office � 9 (0 o Mayor Date Comments: Clarice Pearman - Ord. 4730 Page 1 From: Clarice Pearman To: Jurgens, David Subject: Ord. 4730 David, Attached is a copy of the ordinance passed by City Council July 19, 2005 regarding a bid waiver for Mid- America Environmental Solutions remediation services. Also attached is a copy of the budget adjustment for this item. I will forward via interoffice mail to Budget & Research the original budget adjustment. Thanks. Clarice CC: Deaton, Vicki; Fell, Barbara ArkansaaDemocrat V (gazette NORTHWEST ARKANSAS EDITION "NorduvestArkasuas' most Wider Read Newspaper" AFFIDAVIT OF PUBLICATION I , Erin Emis . do solemnly swear that I am the Legal Clerk of the Arkansas Democrat-Gazette/Northwest Arkansas Times newspaper, printed and published in Lowell , Arkansas, and that from my own personal knowledge and reference to the files// of said publication , that advertisement of: �� was inserted in the regular editions on PO# ** Publication Charge: $ L-/p Subscribe and sworn to before me this day of , 2005. / ORDINANCE NO. 4730 -- - ,� / ^' �n , _ ^ AN ORDINANCE WANING THE REOUIREME AG NOF G I nyyy///llllll !lIAAA"'lll/// (C ...CCC/11`J/ LY /w/ // FORMAL ICA EW�NPBIDDING AND ENGAGINGrye � TMID-AMERICA ENNRO000.00 L S ROV ID NS FORV _ Notary Public THE AMOUNT OF $70,AL RE TO TIOVDEEMER- GERA ENVIRONMENTAL CHLORIDE EDISC ARG SERVICES ARKANSAS Sharlene D. Williams ING AFERROUSCHLORIDEDISCH4RGEfAPPROV- ING A BUDGET ADJUSTMENT IN THEA OF Notary PUbIIC I $70,000.00; AND DECLARING AN EMERGENCY. My Commission Expires: State of Arkansas l gGreggHEREAS, the underground storage tank et the G Avernus Lift Station was dismvered to have My Commission Expire gyp`°" alp °'2oogallons °' en°use"°"rte' s °' WHEREAS, the Arkansas Department of Environmental Quality has generated and approved a Wont October 18, 2014 Plan and a siie specrec Health and! Safety Pan. and; ** Please do not pay from Affidavit. "HREAB, Mid-AmericaEnvimnmemal Solutions is Qualified• and property licensed to conduct the required remedation. An invoice will be sent. NOW, THEREFORE, BE R ORDAINED BY THE CRY COUNCIL OF THE CRY OF AAAI TEVILLE, ARKANSAS: Smiton 1 . That Ne City Council of the City of Fayetleville, Arkansas hereby finds that such croum- stances constitute an exceptional situation where competitive bidding is not feasible or practical, and waves the requirements of fcm-d competitive bidding and engages Mid-America Envimmrnrental Solutions for the amount of $70,000.00 to provide Emergency Environmental Remediation Services for a ferrous chionoe disctarge. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby appravas a Budget Adjustment m the amount of $70,000.00. RECEIVED Section 3: Emergency Clause. That Ya Cry Council of the City of Fayetteville, Arkansas, hereby finds me immediate environmental remediation of a ferrous chloride discharge to be necessary to preserve the health and safety of the citizens of Fayetteville, and because of such, an emergency Is hereby declared AUG12 2005 to exist and this ordinance shall be in full force and effect Gem the data of its passage and approval. PASSED erM APPROVED this 10th day of July 2005. CIN OFFAYETTEVILLE , APPROVED: CITY CLERK'S OFFICE AN COODY MAYor ATTEST. 80111DRA SMITH, City Clot t - P.O. BOX 1607 • 212 N. EAST AVENUE •