HomeMy WebLinkAboutOrdinance 4746 ORDINANCE NO, 4746
AN ORDINANCE WAIVING COMPETITIVE BIDDING,
INCREASING THE AMOUNT AUTHORIZED FOR CLEAN-UP
COSTS TO $270,000.00, APPROVING A CONTRACT/WORK
PLAN AGREEMENT NOT TO EXCEED $270,000.00 WITH MID-
AMERICA ENVIRONMENTAL SOLUTIONS, INC. PLUS A
CONTINGENCY OF $55,000.00, AND APPROVING A BUDGET
ADJUSTMENT OF $ 255,000.00
WHEREAS, upon further analysis by the Arkansas Department of Environmental
Quality, Mid-America Environmental Solutions, Inc., and the City of Fayetteville, the
hazardous material cleanup, remediation and underground storage tank removal costs will
substantially exceed the initial estimate approved by the City Council in Ordinance No. 4730;
and
WHEREAS, it is imperative that Mid-America Environmental Solutions, Inc.
continue to work on this hazardous waste clean-up.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section l : That the City Council of the City of Fayetteville, Arkansas hereby
determines that the immediate and vital continuing clean-up of these hazardous materials is
an exceptional situation in which formal competitive bidding is not feasible or practical and
therefore waives the requirements of formal competitive bidding and approves the increased
contract/work plan agreement with Mid-America Environmental Solutions, Inc. in the not to
exceed amount of $270,000.00 (which includes the previously approved $70,000.00), plus a
contingency amount of $55,000.00.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby
approves the attached budget adjustment of $255,000.00 for this project.
PASSED and APPROVED this 25h day of August, 2005 .
��„uun'rnr.
APPROVED:
_ us . 1J �
; FAYETTEVILLE ; = By:
z :. ayor
ATTEST: �•9sy�'P�ANSPoJ�'
By:
SND SMITH, City Clerk
ECEIVE ® 0
MlDAmermd SEP 12 2005 P.O. Box 737 P.O. Box 414
Environmental Solutions Carthage, MO 64836 Rogers, AR 72757
6.r. ..c GnvFTTFVILLE
MANOR'S OFFICE
Ph: 417-358-3599 Ph: 479-621 -5405
Fax: 417-358-8332
We agree to execute the cleanup of the Gregg Avenue Lift Station site in accordance with the
ADEQ approved work plan (Appendix A) on a time and material basis, not to exceed $270,000.
Unit prices and maximum expected work are identified in Appendix B. Modifications to the work
plan, as required by ADEQ, do not modify this base agreement.
Signature: Date: 8/23/05
Dominic Whitley
President
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RECE111"
'tEP I n 200.3
CITY ' FFIC
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City of Fayetteville, Arkansas •
Budget Adjustment Form
Budget Year Department: Water & Wastewater Date Requested Adjustment Number
2005 Division: Water & Sewer Maintenance $/23/2005
Program: Sewer Mains Construction
Project or Item Added/Increased: Project or Item Deleted/Reduced:
$255,000 in the Professional Services account. None; $255,000 is proposed to come from Fund Balance.
Justification of this Increase: Justification of this Decrease:
Funds are required for emergency hazardous material Sufficient funds remain within Fund Balance to meet City
remediation work for a ferrous chloride leak from the policies.
underground storage tank at the Gregg Avenue sewer
lift station, and for related work.
Increase Expense Budget (Decrease Revenue.Budget)
Account Name Account Number Amount Project Number
Professional services 5400 5700 5314 00 2551000 05044 1
Decrease Expense Budget (Increase Revenue Budget)
Account Name Account Number Amount Project Number
Use of fund balance 5400 0940 4999 99 2553000
Approval Signatures Budget Office Use Only
Type: A B C D E
Requested By Date
Date of Approval
u anager Dale Initial Date
-& y(- Posted to General Ledger
Dep t D' ctor Date Initial Date
Posted to Project Accounting
Finan InternS ices Di o e Initial Date
/ / Entered in Category Log
Mayor Date IInitial Date
0
City Council Meeting of August 25, 2005 41N ,
CITY COUNCIL AGENDA MEMO ftd'kj (WA
EN✓laonal
To: City Council
Thru: Mayor Dan Coody
From: David Jurgen, Water/Wastewater Director, Interim1\�
Date: August 23, 2005
Subject: Approval of a $270,000 for Mid-America Environmental Solutions, plus a project
contingency of $55,000, for environmental remediation of lift station underground storage tanks
RECOMMENDATION
Fayetteville City Administration recommends approval of a time and materials contract not to
exceed $270,000.00 with Mid-America Environmental Solution, for hazardous material cleanup
and remediation and underground storage tank removal, plus approval of a project contingency in
the amount of $55,000.00. This is a total amount, and includes the $70,000 previously approved
by the City Council in Ordinance No. 4730 on 19 July 2005.
BACKGROUND
The cleanup on this site has been positively determined by ADEQ to be a hazardous materials
cleanup. The initial City Council approval of $70,000 was developed before the determination
was made by ADEQ that this was in fact a hazardous materials spill. The material is being
removed, hauled by HAZMAT operators to a Hazardous Material landfill in Peoria, Illinois. Much
of the material has been removed, but Mid-America has reached the previously approved funding
approval limit. Limited stream sampling has been performed, and indicates the possiblity, but not
the probability, that there may be a small amount of ground water contamination.
DISCUSSION
This approval is expected to cover the maximum anticipated amount of work that is required for
site remediation at this lift station, based on what has been seen thus far. The project contingency
approval is requested in the event additional unanticipated contamination is discovered, and if
ADEQ requires ground water sampling, stream sampling, or other work that is outside the scope of
the specific site remediation.
BUDGETIMPACT
A budget adjustment is attached.
Attachments:
Fact Sheet Dated August 23, 2005
Time and Materials Agreement with Work Plan work plan (Appendix A) and expected scope of
work with prices (Appendix B)
Mid-AmcncaGmggHa atCCM=oAug05
Gre¢¢ Avenue Lift Station Ferrous Chloride C&up
Fact Sheet
August 23, 2005
Work to remove the underground storage tank (UST) at the Gregg Street sewer lift station began
on June 30, 2005; the tank was removed from the excavation on August 1 , 2005. The tank was
used to store ferrous chloride, which was pumped into the wastewater at this lift station for odor
and corrosion control. Ferrous chloride is listed as a hazardous waste with a code of K062,
unless it is used as a product in the waste treatment process. The Arkansas Department of
Environmental Quality (ADEQ) has stated that when this material leaks from the tank, it and any
material that comes in contact with it must be considered hazardous waste and must be handled
as such. This material would not have been considered hazardous waste if the tank had not
failed. During tank removal, gravel backfill from around the tank was removed and placed in six
roll-off storage containers at the site. Each of the six roll-off containers represented
approximately 1 .5 to 2 feet of the gravel backfill. Visually impacted gravel backfill was
observed near the top, sides and bottom of the tank. There were three separate visible cracks in
the tank. Samples were collected from the gravel backfill and submitted to a laboratory and
analyzed for iron, and chloride as required by ADEQ. The analytical results showed chloride
concentrations from the background were higher than the backfill samples, therefore the results
cannot be used as a hazardous waste indicator. As a result, pH was used to indicate whether the
backfill was indeed contaminated. Field pH testing indicated that stained gravel backfill in four
of the six containers exhibited a pH of 1 to 3, which unquestionably indicated contamination
from this product. These four containers have been removed for proper disposal.
ADEQ also requested that six water samples be collected and analyzed to ascertain if any
groundwater impacted by the escaped product was entering the creek. The results of this water
sampling indicate the presence of chlorides at 32 mg/l. Even though this level is not of great
concern, it exceeds the Arkansas State standard of 20 mg/1 for the Illinois River Basin. Based on
these results, ADEQ stated that a groundwater investigation at the site will likely be required. It
is not certain at this time whether or not the groundwater impacted with chlorides is entering the
creek, or whether the elevated chlorides (if they exist) are related to a release from the UST.
Additionally it should be noted that the presence of chlorides in excess of the standard on a
single day does not mean that the State level has been violated and additional sampling of the
stream will be required. It is also likely that regardless of this additional sampling that a
groundwater investigation including ground well installations and groundwater and stream
sampling will be required by the ADEQ.
From visual observation, additional soil removal is warranted from the base of the UST
excavation. A revised sampling and analysis plan should be prepared and submitted to ADEQ to
establish an agreement on criteria to determine impacted materials. The revised sampling and
analysis plan will likely be based on the pH of the material. A series of background
measurements will be collected to document natural soil pH in the area and at the site. This
revision is based on a review of sampling and analysis at similar sites where a release of the
same material has occurred. At this point it appears that obviously stained material is primarily
in the base of the UST excavation and little or no lateral migration has occurred. There is,
however, a concrete pad in the base of the UST excavation that makes observation of any
additional contaminated material impossible at this time. Based on the depth to groundwater,
soil instability, the presence to the lift station structure, and the belief that the majority of the
chemical migrated down with minimal lateral migration, an estimate of no more than 400
additional tons of soil may need to be removed.
ORDINANCE NO,
AN ORDINANCE WAIVING COMPETITIVE BIDDING,
INCREASING THE AMOUNT AUTHORIZED FOR CLEAN-UP
COSTS TO $270,000.00, APPROVING A CONTRACT/WORK
PLAN AGREEMENT NOT TO EXCEED $270,000.00 WITH
MID-AMERICA ENVIRONMENTAL SOLUTIONS, INC. PLUS
A CONTINGENCY OF $551000.00, AND APPROVING A
BUDGET ADJUSTMENT OF $ 2559000.00
WHEREAS, upon further analysis by the Arkansas Department of Environmental
Quality, Mid-America Environmental Solutions, Inc., and the City of Fayetteville, the
hazardous material cleanup, remediation and underground storage tank removal costs will
substantially exceed the initial estimate approved by the city Council in Ordinance No. 4730;
and
WHEREAS, it is imperative that Mid-America Environmental Solutions, Inc.
continue to work on this hazardous waste clean-up.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section l : That the City Council of the City of Fayetteville, Arkansas hereby
determines that the immediate and vital continuing clean-up of these hazardous materials is
an exceptional situation in which formal competitive bidding is not feasible or practical and
therefore waives the requirements of formal competitive bidding and approves the increased
contract/work plan agreement with Mid-America Environmental Solutions, Inc. in the not to
exceed amount of $270,000.00 (which includes the previously approved $70,000.00), plus a
contingency amount of $55,000.00.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby
approves the attached budget adjustment of $255,000.00 for this project.
PASSED and APPROVED this 25th day of August, 2005.
APPROVED:
By:
DAN COODY, Mayor
ATTEST:
By:
SONDRA SMITH, City Clerk
ORDINANCE NO.
AN ORDINANCE WAIVING COMPETITIVE BIDDING,
INCREASING THE AMOUNT AUTHORIZED FOR CLEAN-UP
COSTS TO $270,000.00, APPROVING A CONTRACT/WORK
PLAN AGREEMENT NOT TO EXCEED $270,000.00 WITH
MID-AMERICA ENVIRONMENTAL SOLUTIONS, INC., AND
APPROVING A BUDGET ADJUSTMENT OF $ 255 ,000.00
WHEREAS, upon further analysis by the Arkansas Department of Environmental
Quality, Mid-America Environmental Solutions, Inc., and the City of Fayetteville, the
hazardous material cleanup, remediation and underground storage tank removal costs will
substantially exceed the initial estimate approved by the city Council in Ordinance No. 4730;
and
WHEREAS, it is imperative that Mid-America Environmental Solutions, Inc.
continue to work on this hazardous waste clean-up.
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
determines that the immediate and vital continuing clean-up of these hazardous materials is
an exceptional situation in which formal competitive bidding is not feasible or practical and
therefore waives the requirements of formal competitive bidding and approves the increased
contract/work plan agreement with Mid-America Environmental Solutions, Inc. in the not to
exceed amount of $270,000.00 (which includes the previously approved $70,000.00).
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby
approves the attached budget adjustment of $255,000.00 for this project.
PASSED and APPROVED this 25th day of August, 2005.
APPROVED:
O�
By:
DAN COODY, Mayor
ATTEST:
By:
SONDRA SMITH, City Clerk
MMmerica P.O. Box 737 P.O. Box 414
Environmental Solutions Oanhege, M084936 Rogers, AR 72757
Ph: 417-358-3599 Ph: 479.621-5005
Rix: 417-358-6332
We agree to execute the cleanup of 01e QeM Avenue Lift Station site in accadmxe with the
ADEQ approved work Plan (Appendix A) on a time and material bass, not to exceed $270.000.
Unit pries and maximum expected work are identified in Appendix B. Modifications to the work
plan, as required by ADEQby ADEQ, do not modify modify this base agreatnent.
Signature: / Date: 823105
Dominic Whitley
Resident
MiDmAmenca Page 1 of 7
Environmental Solutions
WORK PLAN FOR REMOVAL OF FERROUS CHLORIDE UST
AT
CITY OF FAYETTEVILLE GREGG STREET LIFT STATION
3896 N. GREGG AVE .
FAYETTEVILLE , AR 72704
FACILITY ID# 72001731
1.0 GENERAL SITE INFORMATION
1. 1 FACILITY INFORMATION
Gregg Street Lift Station # 5
3896 N. Gregg Avenue
Fayetteville, AR 72704
Facility ID# 72001731
1.2 OWNER INFORMATION
City of Fayetteville
1400 N. Fox Hunter Rd.
Fayetteville, AR 72701
Ph: (479) 443-3292 (David Loenneke)
Ph: (479) 575-8330 (Bob Davis, P.$.)
1.3 CONSULTANT/CONTRACTOR INFORMATION
MiD-America Environmental Solutions
P.O. Box 737
Carthage, MO 64836
Ph: (417) 358-3599
Fax: (417) 358-8332
Contact: Dominic Whitley, Consultant or Dan Ross, Consultant
Company License UST License No. 000542
Individual UST License No.: D. Whitley 001285, D. Ross 000542
Gregg St. Lift Station Closure Plan April 27, 2005
a
MiDAmerica Page 2 of 7
Environmental Solutions
2.0 SUMMARY
On or about April 13, 2005 the City of Fayetteville discovered the loss of an estimated
amount of 4,200 gallons of ferrous chloride from their fiberglass underground storage tank
(LIST) located at the Gregg Street Lift Station 3896 N. Gregg Ave., Fayetteville, Arkansas
(herein after referred to as the site). The tank was found to be empty of all product when
OMI personnel, attempted to measure the level of ferrous chloride within the tank OM1 is
the wastewater operations contractor for the City of Fayetteville. The ferrous chloride is
used as pre-treatment in the sewage system handling process and is dripped into the system
The UST system is a suction system with the suction line being located roughly 14" from the
base of the UST. The tank being void of ferrous chloride was thought to indicate tank
failure or theft. Theft has been Wiled out as the facility is fenced and locked. Handling of
ferrous chloride would require a special pump, hoses, and storage vessels. Due to restricted
access and the material nature theft does not appear probable. Furthermore, soils around
the LIST have subsided. An approximate 18" depression is present over a significant portion
of the south side of the UST. Physical evidence suggests that the subsidence of the soil has
occurred recently. Based on these factors it was determined by the client and MAES that the
failed tank should be removed and subsurface conditions be evaluated and dealt with as
needed. It should be noted that it is unknown how much if any ferrous chloride has been
released from the UST as the amount used in normal operations is recorded but can vary
and inaccuracies in the amount utilized is possible.
On April 14, 2005, at the request of the Arkansas Department of Environmental Quality
Regulated Storage Tank Division (ADEQ RST), a 30-Day UST Closure Notice and
preliminary work plan was faxed and mailed to the ADEQ. On April 15, 2005, the ADEQ
RST requested that a site Health and Safety Plan (HASP) be submitted prior to approving
closure. MAES provided a site specific HASP to the ADEQ the afternoon of April 15,
2005. Upon receiving the HASP the ADEQ RST responded to MAES with notification that
the ferrous chloride was in fact "spent pickle liquor" derived from the process for pickling
steel. As such when found as a waste product is considered a listed waste with a waste code
of K062. The ADEQ RST Division also involved the Hazardous Waste Division in the
review and planning process in the event the ferrous chloride was lost into the environment.
This waste determination by the ADEQ resulted in the scheduling of a site meeting between
ADEQ personnel, the generator, and MAES.
On April 20, 2005, personnel from the ADEQ RST Division and Hazardous Waste met
with the City of Fayetteville, OMI, and MAES at the site. Upon a discussion of events
leading up to discovery and a review of site conditions, the RST Division indicated a
tightness test should be performed to confirm that a release had occurred. In the interim the
ADEQ was working on the development of a Sampling and Analysis Plan for the tank
removal and assessment process. RST personnel also indicated the need for stream samples
from Mud Creek and identified six (6) locations for sample collection.
On April 21, 2005, OMI had the UST tightness tested by Compliance Management, Inc.
The results of the tightness test indicated tank system failure. Also on this date the ADEQ
provided an analytical and sampling strategy for the project.
Gregg St. Lift Station Closure Plan April 27, 2005
MiD=America Page 3 of 7
Environmental Solutions
Specific tank information is provided below in Table 1 .
Table 1
Gregg Street Lift Station # 5 Tank Information Summary
ONTANKTANK.SIZEIRM c NSTBIUCUCM CO S. 1NSTAl • TION TANIF
NA
1 6,000 GALLONS FRP FERROUS 11111991 UTILIZED FOR SEWAGE
CHLORIDE PRETREATMENT
2 300 GALLONS STEEL DIESEL 11111967 FUEL FOR BACK-UP GENERATOR
(PERMANENTLY CLOSED)
3.0 PROPOSED FIELD ACTIVITIES
3.1 INITIAL MOBILIZATION AND MATERIAL STORAGE
It is intended that fencing around the area be dismantled and removed to allow
adequate access to the tank for removal activities. Also some level of clearing and
grubbing will be necessary. The tank system will be de-energized and excavation will
begin. Roll-off containers will be set near the lift station to accept excavated material
and the storage tank until waste analytical and disposal facility approval is granted.
These containers will be lined with 12 mil HDPE liners prior to placement of
materials to prevent any liquids present from leaving the container and to ensure no
contact with any ferrous chloride and the steel roll off containers occur. These
containers will be covered at the end of each day to prevent intrusion of rainwater.
These coverings will be left in place until the containers are loaded for transportation
to the disposal facility.
The fiberglass LIST will be carefully excavated utilizing an excavator of adequate size.
The LIST will be lifted from the ground and placed in a storage container. The LIST
may currently be damaged to the extent that removal intact is impossible.
3.2 FIELD SCREENING METHODS
It is expected that some of the material beneath the UST will display obvious impact.
The soil and/or water will likely have a greenish discoloration. Other soil and or
groundwater may not be so obviously impacted. Soils will be field screened utilizing
two (2) methods.
1 . Specific Conductivity and pH — a pH and specific conductivity meter will be utilized
to measure for the presence of impact. For screening soil approximately 100 grams
of sampled material will be mixed with the volumetric equivalent of deionized water.
The mixture will be shaken vigorously for thirty seconds and then evaluated with the
meter. Three (3) samples from uncontaminated areas will be taken prior to field
assessment to establish site background levels for pH and specific conductivity.
Field sample results deviating from the established background levels will be
assumed to indicate material impact.
Gregg St. Lift Station Closure Plan April 27 2005
M i D=Ame ri ca Page 4 of 7
Environmental Solutions
2. Chloride Test Strips — chloride test strips will be utilized for measuring for the
presence of chloride in the sample media. The colorimetric test is performed in the
same manner as the pH and Specific Conductivity field analysis. The test strips
when introduced into the prepared sample provide a chloride result in the 30-600
PPM range. For this field analysis, as well, three (3) samples from uncontaminated
areas will be taken prior to field assessment to establish site background levels.
3.3 HAZARDOUS WASTE HANDLING & DISPOSAL
The disposal facility chosen for treating and disposing of the impacted materials
from the site is the Peoria Disposal Company (PDC) RCRA Landfill in Peoria,
Illinois (EPA ID# ILD000805812). This facility is capable of handling the impacted
soils for RCRA direct disposal and handling impacted liquids via
stabilization/soGdification and disposal. PDC is also the proposed hazardous waste
transporter for this project. Prior to final acceptance into the PDC landfill the
impacted material must be analyzed by the PDC laboratory to confirm disposal
method and/or waste treatability. Ibis profiling and waste acceptance process will
likely take 1 to 2 weeks. It is unknown if all of the impacted material can be
removed during the initial UST removal and excavation. Remediation activities done
during the initial mobilization maybe limited by the size of the site. Additional
mobilizations are expected once final waste approval is granted. Excavated materials
and the storage tank will be secured as described previously in the work plan. The
site will be secured with temporary fencing. Signage will be established around the
work areas delineating the site as a hazardous waste site with entrance by authorized
persons only.
Once final disposal approval has been obtained. The project will likely be operated
as a dig and load. Excavated or removed materials will be loaded directly into lined
trailers or liquid into portable vessels and hauled directly to the landfill for disposal.
Hazardous waste manifests will accompany each load from the site to the landfill.
The generator or generator's representative will be required to sign each manifest.
The driver of the waste transport will be required to sign the manifest, and the
disposal facility will finally sign the manifest when received at the disposal facility.
Fill material removed on the upper portions of the excavation may not be impacted
with the lost ferrous chloride product. The material will be stockpiled in separate
storage containers and sampled and analyzed for a determination of impact. The
material will be composite sampled at a rate of one 4 part composite sample for
every 50 cubic yards, or one sample per container. If no impact is found via
laboratory analysis the material is expected to be considered reusable as clean fill. If
impact is present the material will be disposed of as a hazardous waste as previously
described.
3.4 SAMPLING AND ANALYSIS PLAN
The sampling plan for this project is to sample in accordance with the ADEQ UST
sampling protocol. At a minimum one soil sample will be collected from each
Gregg St. Lift Station Closure Plan April 27 2005