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HomeMy WebLinkAboutOrdinance 19901-09-2011Ordinance No. 19901 -09 -2011 AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE ENVIRONMENTAL PROTECTION PROJECT FUND IN THE AMOUNT OF $584,987.13, FROM AVAILABLE FUNDS, FOR THE PURPOSE OF FUNDING 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 Project Fund in the amount of $584,987.13, from available funds, for the purpose of funding the 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in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed.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 301311SIW 40 lqv b I'V14 41 % 0 �k 100 07o ca Z CO) 0 N z 0 0 W Ix 0 oannd Lo aAos Lu U) LU 1-- 0 0 > M31AHDIH LU -1 R: HSIVM AN3WOOINOW LU ui z 00 13NVDNVW 0 'vo SN3aNVI m ui 0 0 z ossvmo U) 0 R: 0 Z m I-- 0 -i -i -i N3.uns < w 0 0 LU lop'OOD R: " 31138 LU 0 N3A01j Y4,: ;> Y VIA SVWOHI o SVWOHI ai 0 U) INOWMI INOWMI z 0 -1 U) ui LU z 0 ONVIHSV z 0 0 LU U) NN3lS3M 0 0 z CL 0- Z < 1-- 47 2 U) 9 x ui N31nH r °w cu z < PD C) C� 0 w A3lN3)1 C14 of C 0 C, 0 -0 C) 0 Cc _3 of > 0 U- z 7-1 LU cu L) c,, LU Z C<L 0 0 -1 -1 U- E!, C) U) U) 0 U- x C) d) LU LU (D U- z LU m 0 0 o L) w —i LU C) -i �! 390waA L) U) > C) LU r 0 0 > 40 - ' ° Dpas E LN3d ISODIIN3d o c 0 w CL 0 co 0 LLI U) 0 L) r- 0 LL Y .2 > C) Lo aAos Lu U) LU 1-- 0 0 > M31AHDIH LU -1 R: HSIVM AN3WOOINOW LU ui z 00 13NVDNVW 0 'vo SN3aNVI m ui 0 0 z ossvmo U) 0 R: 0 Z m I-- 0 -i -i -i N3.uns < w 0 0 LU lop'OOD R: " 31138 LU 0 N3A01j Y4,: ;> Y VIA SVWOHI o SVWOHI ai 0 U) INOWMI INOWMI z 0 -1 U) ui LU z 0 ONVIHSV z 0 0 LU U) NN3lS3M 0 0 z CL 0- Z < 1-- 47 2 U) 9 x ui N31nH r °w cu z < PD C) C� 0 w A3lN3)1 C14 of C 0 C, 0 -0 C) 0 Cc _3 of > 0 U- z 7-1 LU cu L) c,, LU Z C<L 0 0 -1 -1 U- E!, C) U) U) 0 U- x C) d) LU LU (D U- z LU m 0 0 o L) w —i LU C) -i �! 390waA L) U) > C) LU r 0 0 > 40 - ' ° Dpas E LN3d ISODIIN3d o City of Fort Worth, Texas Mayor and Council Communication s1.1 �yW :.I •a r u� wsa . a :sc ax;wusu �� ax: �� v�o � .. - v :or�„�.,a�w• ar.�s�v �:- o. :? a��-w COUNCIL ACTION: Approved on % ice. Nos. 19900 -09 -2011 & 19901 -09- 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 2 &3) 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