The Town of Bernalillo terminated its contract with Ramesh Narasimhan’s engineering firm, NCS Tuesday, a press release from Mayor Patricia Chavez’s office states.
The announcement followed news last week of an impending second drinking water arsenic violation from the state Environment Department.
“After thorough review and consideration, the Town of Bernalillo terminated engineering and filtration system contracts with NCS for the Town’s water wells,” the press release states. “The Town will seek remedy for non-performance to recover liquidated damages and other losses … pursuing any other legal recourse available.”
In response to our request for comment, Narasimhan told The Independent in an e-mail: “At NCS, it is our policy to stand behind the quality of our design and work. Therefore we are willing to complete the Corrective Action Plan at no cost to the Town of Bernalillo and provide safe water to the citizens of the Town. Furthermore, NCS extends its commitment to the citizens of Bernalillo. We are meeting with the Town of Bernalillo later this week to discuss this.”
But NCS was the engineer of record and was contractually accountable for the system’s failures, Mayor Chavez told The Independent.
The problems stem from NCS-engineered filtration components of the water treatment system rather than aluminum-additive equipment produced by Bernalillo-based ARS-USA, Mayor Chavez suggested.
“NCS designed and installed the final filtration components of the arsenic treatment system which are not performing to specification,” Chavez said. “The Town Council was aware of the situation and concurred with the decision.”
There are no immediate plans to revisit the use of ARS equipment on the Town’s other two, currently inactive wells, Mayor Chavez said. The Town Council approved a $9.2 million construction contract to do so earlier this month, despite objections by Town Planning Director Maria Rinaldi. Changing that plan now could cost the Town $4 million in federal stimulus funding, Rinaldi said.
Narasimhan repeatedly failed to disclose lab test results to Town officials, Rinaldi said.
Despite concerns by another of the Town’s engineering firms, NCS recommended Bernalillo purchase an aluminum treatment-based arsenic removal system produced by ARS.
Bernalillo spent at least $4.9 million installing the system at its two active water wells in 2007 and 2008. But two years later, the systems have not consistently reduced arsenic levels to levels required by state and federal drinking water regulations, and have repeatedly dumped aluminum sludge into tap water.
“We need to retain another engineer and determine what the insufficiencies of the treatment plants are, and what has to be done to meet the standards without effecting the clarity of the drinking water,” Rinaldi said of the contract termination Tuesday.
The Town’s $9.2 million contract to install the same systems at two currently inactive wells will not be affected by the termination, Rinaldi said.
Another Town contract engineering firm, Wilson & Co., will temporarily take over NCS’s responsibilities for the Town water system, according to the press release. A new engineering firm has not been chosen to take over installation of planned water treatment systems at two of the Town’s older, currently inactive wells.
The state Environment Department stepped in last week to help identify the causes of the problems and potential solutions.
“We welcome the opportunity to work with any and all engineering firms,” ARS-USA President Norbert Barcena said. “To our knowledge we have a contract with the town to provide our equipment for the future.”
Former town manager Stephen Jerge negotiated contracts with ARS before he resigned last April. Jerge’s resignation followed the discovery of $45,000 in questionable purchases charged to a town credit card.
Narasimhan provided Arizona Cardinals playoff tickets to Jerge and former Town water operator Jan Boone last year. Jerge and Boone paid Narasimhan in cash for the tickets, Narasimhan told The Independent, and the tickets therefore did not constitute an illegal gift to public officials. The playoffs trip is “under review” at the State Auditor’s Office, according to spokeswoman Caroline Buerkle.