HomeMy WebLinkAboutOrdinance 19900-09-2011Ordinance No. 19900 -09 -2011
AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND
APPROPRIATIONS IN THE ENVIRONMENTAL PROTECTION OPERATING FUND
IN THE AMOUNT OF $584,987.13, AND DECREASING THE UNRESERVED,
UNDESIGNATED FUND BALANCE BY THE SAME AMOUNT, FOR THE PURPOSE
OF TRANSFERRING SAID FUNDS TO THE ENVIRONMENTAL PROTECTION
PROJECT FUND FOR THE EXCAVATION, TRANSPORTATION AND DISPOSAL
OF CONTAMINATED SOIL FROM THE VICKERY CORRIDOR PORTION OF THE
CHISHOLM TRAIL PARKWAY PROJECT; PROVIDING FOR A SEVERABILITY
CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES;
REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,
TEXAS:
SECTION 1.
That in addition to those amounts allocated to the various City departments for Fiscal Year 2010 -2011 in the
Budget of the City Manager, there shall also be increased estimated receipts and appropriations in the
Environmental Protection Operating Fund in the amount of $584,987.13, and decreasing the unreserved,
undesignated fund balance by the same amount, for the purpose of transferring said funds to the
Environmental Protection Project Fund for excavation, transportation, and disposal of contaminated soils
from the Vickery Corridor portion of the Chisholm Trail Parkway project.
SECTION 2.
That should any portion, section or part of a section of this ordinance be declared invalid, inoperative or
void for any reason by a court of competent jurisdiction, such decision, opinion or judgment shall in no way
impair the remaining portions, sections, or parts of sections of this ordinance, which said remaining
provisions shall be and remain in full force and effect.
SECTION 3.
That this ordinance shall be cumulative of Ordinance No. 19355 and all other ordinances and appropriations
amending the same except in those instances where the provisions of this ordinance are in direct conflict
with such other ordinances and appropriations, in which instance said conflicting provisions of said prior
ordinances and appropriations are hereby expressly repealed.
SECTION 4.
This ordinance shall take effect upon adoption.
APPROVED AS TO FORM AND LEGALITY:
Assistant City Attorney
ADOPTED AND EFFECTIVE: September 13, 2011
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 9/13/2011 - Ordinance Nos, 19900 -09 -2011 & 19901 -09=
2011
DATE: Tuesday, September 13, 2011 REFERENCE NO.: C -25158
LOG NAME: 20RATIFY EMERGENCY PROCUREMENT WITH SWS
SUBJECT:
Ratify Emergency Purchase Order with SWS Environmental Services for Excavation, Transportation and
Disposal of Contaminated Soils from the Vickery Corridor Portion of the Chisholm Trail Parkway Project in
the Amount of $584,987.13 and Adopt Related Appropriation Ordinances (COUNCIL DISTRICT 9)
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached supplemental appropriation ordinance increasing appropriations in the
Environmental Protection Operating Fund by $584,987.13 and decreasing the unreserved, undesignated
fund balance by the same amount;
2. Authorize the transfer of $584,987.13 from the Environmental Protection Operating Fund to the
Environmental Protection Project Fund;
3. Adopt the attached supplemental appropriation ordinance increasing the estimated receipts and
appropriations in the Environmental Protection Project Fund in the amount of $584,987.13; and
4. Ratify Emergency Purchase Order with SWS Environmental Services in the amount of $584,987.13 for
excavation, transportation, and disposal of contaminated soils from the Vickery Corridor portion of the
Chisholm Trail Parkway project.
DISCUSSION:
In conjunction with the construction of a portion of the Chisholm Trail Parkway along the Vickery Corridor,
a large area of soil contamination was discovered in the area of the 4400 block of West Vickery
Boulevard. Additional investigation and sampling showed that arsenic, barium, lead and Total Petroleum
Hydrocarbons (TPH) were detected above Tier 1 Texas Risk Reduction Program Residential Protective
Concentration Levels. The most prevalent of these contaminants are TPH and lead. The affected area
covers approximately one -third acre and remediation requires excavation, loading, and transportation of
approximately 11,000 cubic yards of contaminated soil and disposal at a Texas Commission on
Environmental Quality (TCEQ) authorized landfill. Water seeping from the contaminated soil was
determined to be impacting a small unnamed creek that ultimately discharges to the West Fork of the
Trinity River. To prevent further environmental impacts and potential human exposure, the Transportation
and Public Works Department worked with the Financial Management Services and Law Departments to
begin remediation under emergency procurement procedures.
Funding in the amount of $467,989.70 is included in the project budget for soil excavation, loading,
transportation and disposal. The contingency fund for possible change orders is $116,997.43. TPW -
Logname: 20RATIFY EMERGENCY PROCUREMENT WITH SWS Page I of 2
Environmental Services Division solicited costs for the work and selected SWS Environmental Services to
excavate, transport and dispose of the contaminated soils.
M/WBE - A Departmental Request for Waiver of M/WBE Subcontracting /Supplier Goal was approved by
the M/WBE Office because a public or administrative emergency existed which required the services to be
provided with unusual immediacy.
This project is located in COUNCIL DISTRICT 9.
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above recommendations
and adoption of the attached appropriation ordinance, funds will be available in the current capital budget,
as appropriated, of the Environmental Protection Project Fund.
FUND CENTERS:
TO Fund /Account/Centers
1) R103 538040 0201100
2) R101 476103 020211009000
283) R101 539120 020211009000
CERTIFICATIONS:
FROM Fund /Account/Centers
$584,987.13 2) R103 538040 0201100
$584,987.13 4) R101 539120 020211009000
$584,987.13
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
Fernando Costa (6122)
Douglas Wiersig (7801)
Michael Gange (6569)
$584,987.13
$584,987.13
Logname: 20RATIFY EMERGENCY PROCUREMENT WITH SWS Page 2 of 2