CITY OF TEXARKANA, AR

REQUEST FOR BOARD ACTION

 

AGENDA TITLE:  Consider the following concerning a force main break: 

  1. Adopt an Ordinance waiving competitive bidding authorizing the City Manager to approve payment to TAS Environmental for cleanup following a lift station force main break. (TWU) Executive Director JD Phillips
  2. This ordinance requires an emergency clause: An emergency clause requires a separate and distinct vote of the board and is valid only if there is a two-thirds vote of approval by the board. (Hdbk. Const. Amend 7)

 

AGENDA DATE:  August 20, 2018

ITEM#:  7

DEPARTMENT:  Texarkana Water Utilities

DATE SUBMITTED:  August 8, 2018

PREPARED BY:  J.D. Phillips, P.E., Executive Director

SUBJECT:  Ordinance authorizing the City Manager to approve payment to TAS Environmental for cleanup following a Lift Station Force Main break.

EXHIBITS:  Ordinance, TAS Environmental Action Report and Invoice.

APPROVAL:

EXPENSE REQUIRED: $25,697.57

AMOUNT BUDGETED:

APPROPRIATION REQUIRED: $25,697.57  

SUMMARY: On July 17, 2018, a force main break occurred from Line Ferry Road Lift Station.  Several thousand gallons of wastewater leaked on the ground and followed a small creek channel into a small pond on the backside of the New Haven golf course located at 2321 Line Ferry Road.  Remediation contractors, TAS Environmental, provided emergency response services in regard to the release.  A total of 18 loads, approximately 54,000 gallons of contaminated water was hauled from the pond to the wastewater treatment center.  The Arkansas Department of Environmental Quality (ADEQ) was notified.  On July 25, 2018, the analytical results from the samples taken were received from Ana-Lab Corp indicating remediation efforts were successful with results within ADEQ and EPA parameters. Total cleanup costs have been filed with our Texas Municipal League under general liability coverage with no deductible, full reimbursement is expected.  Expenditure to be made from revenue funds and corresponding insurance reimbursement will replenish the revenue funds used.

BOARD ACTION: Texarkana Water Utilities staff recommends approval of the payment to TAS Environmental for services rendered.

EMERGENCY CLAUSE:   To allow prompt payment to the remediation contractor for environmental clean-up services performed on an emergency basis. 

 

 

ORDINANCE NO. ______

AN ORDINANCE AUTHORIZING THE CITY MANAGER TO APPROVE PAYMENT TO TAS ENVIRONMENTAL FOR EMERGENCY CLEANUP SERVICES PROVIDED FOLLOWING A FORCE WASTE WATER MAIN BREAK; FOR DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES

 

WHEREAS, on July 17, 2018, a force main break occurred resulting in the release of several thousand gallons of wastewater onto the ground and, ultimately, into a small pond at 2321 Line Ferry Road; and

WHEREAS, TAS Environmental provided emergency response, removing approximately 54,000 gallons of contaminated water to the wastewater treatment center; and 

WHEREAS, the Arkansas Department of Environmental Quality was notified, and subsequent testing indicated that the prompt emergency remediation efforts were successful, with testing within parameters established by ADEQ and the EPA; and

WHEREAS, the cost of the services provided by TAS Environmental is $25,697.57, a claim for which has been made with the Texas Municipal League and full reimbursement is anticipated; and

WHEREAS, TWU does request that, in light of the emergency described above, any competitive bidding practice that might otherwise be required by applicable statute or ordinance be waived as permitted by Ark. Code. Ann 14-47-138 and 2-27 of the Code of Ordinances of the City of Texarkana, Arkansas, in order to authorize the immediate payment of charges presented by TAS Environmental for said emergency wastewater spill cleanup work; and

WHEREAS, the City Manager and Utility Staff recommend approval;

NOW, THEREFORE, BE IT ORDAINED by the Board of Directors of the City of Texarkana, Arkansas, that:

SECTION 1.  The competitive bidding practices contemplated by applicable law and ordinance are waived and the payment of $25,697.57, to TAS Environmental for the emergency cleanup services provided and described above is approved, with funds for the same coming from Revenue Account and all proceeds received from the Texas Municipal League going to reimburse said account.

SECTION 2:  This action being necessary for the preservation of the public peace, health and safety (as specifically set out above), and a separate and distinct vote having been taken on this emergency clause, an emergency is therefore declared to exist, and this ordinance shall be in full force and effect from and after it passage and approval.

PASSED AND APPROVED this 20th day of August, 2018.

 

 

_____________________________

Ruth Penney Bell, Mayor

 

ATTEST:

 

________________________________

Heather Soyars, City Clerk

 

 

APPROVED:

 

________________________________

George M. Matteson, City Attorney