HomeMy WebLinkAboutOrdinance 24289-08-2020 Ordinance No. 24289-08-2020
AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE
ENVIRONMENTAL PROTECTION CAPITAL PROJECT FUND IN THE AMOUNT OF
$51,627.00, BY DECREASING THE ESTIMATED RECEIPTS AND APPROPRIATIONS
FROM LITTER PREVENTION EDUCATION PROJECT, FOR THE PURPOSE OF
FUNDING BRENNAN GROUNDWATER REMEDIATION 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 2019-2020 in the
budget of the city manager, there shall also be increased estimated receipts and appropriations in the
Environmental Protection Capital Project Fund in the amount of $51,627.00, by decreasing the estimated
receipts and appropriations from Litter Prevention Education Project, for the purpose of funding Brennan
Groundwater Remediation 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 23835-09-2019 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said prior ordinances and appropriations are hereby expressly repealed.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: CITY SECRETARY
ChYlSfp z- `O�-fiZ—%cB�Y13:57Cs
Christa R.Lopez-Reynolds(Aug 5,202013:57 CDT)
Assistant City Attorney Mary J. Kayser
,ADOPTED AND EFFECTIVE:August 4, 2020 OF.FoR
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City of Fort Worth
ACCEPTANCE OF PREVIOUS MBE COMMITMENT FORM
(for use with CHANGE ORDERS or AMENDMENTS greater than$50,000)
0Completedr ro}e anger
Amendment(for Professional Services Agreement)
Project Name: City Project Number
Brennan Avenue Groundwater Remediation Project CSC 48169 ENV 35005-100495
City Project Manager:Roger Grantham
Consultant:
Enercon Services, Inc. Cis SBE Project Goal; 10 %
Original Amount of Agreement: $585.500.00 Accepted SBE Commitment: 10 %
Total of Previous Amendment: $0.00 Date of Last SBE Report: 05/19/2020
Amount for this Amendment: $1,486,050.20 Amendment#: 4
Revised Amount of Agreement: $2,071.550.20 Date: 7/8/2020
Language to be inserted in the M&C for this Agreement
Enercon Services,Inc,agrees to maintain its initial SBE commitment of 10%that it made on the
original agreement and extend and maintain that same SBE commitment of 10%to this fourth
amendment.Therefore Enercon Services,Inc.remains in compliance with the City's BIDE
Ordinance and attests to its commitment by its signature on the Acceptance of Previous SBE
Commitment form executed by an authorized representative of its company.
To be Completed by the Representative of the Consults
Jeff Lask Vice President 4 07/08/2020
Printed Signature ignature/Date `
Enercon Services, Inc. Darr n D. Loworn
mpany Name ontact Name(if different)
16"0 North Dallas Parkway ddlo~nQeneroan.cam
Address E-mall address
Dallas/Texas/75248 972-04-3854 972484-8835
dwgtaba/Yip Phone num Fax NumW
10% as of 7/8/20
MBE% Paid to Date D
r r yr we d trF—w-5r7associate W11 h 1hi9-AM#h-dWt,
considers it the same or similar to work in t hriginal Agreement, and recommends that the
Consultant have the option to retaiVand confirm its existing MBE commitment.
Roger Grantham 7/8/20
Project Manager
To be Completed by the MIWBE-Compliance Staff
MM/BE Coroplianre Staff ID# MBE Current% Level via Last Report Reed
M/WBE Signature Date
City of Fort Worth,Texas
Mayor and Council Communication
DATE: 08/04/20 M&C FILE NUMBER: M&C 20-0503
LOG NAME: 23LPST 95012 SITE REMEDIATION
SUBJECT
Authorize the Execution of Amendment No.4 with Enercon Services,Inc.in the Amount Not to Exceed$2,071,550.20, Extend the Existing
Contract Agreement for Two(2)Additional Terms,and Adopt Appropriation Ordinances(COUNCIL DISTRICT 2)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the execution of Amendment No.4 to City Secretary Contract No.48169 with Enercon Services,Inc.(Enercon),increasing the total
amount of this contract to not to exceed$2,071,550.20 in support of the soil and groundwater remediation located at 2500 Brennan Avenue;
2. Authorize the extension of City Secretary Contract No. 48169 for two(2) additional years beginning September 20, 2021 and ending
September 19,2023 in order to facilitate the completion of this remediation project;
3. Adopt the attached appropriation ordinance adjusting receipts and appropriations in the Environmental Protection Capital Projects Fund by
increasing receipts and appropriations in the Brennan Groundwater Remediation project in the amount of$149,000 and decreasing receipts
and appropriations in the Vehicles and Equipment-Solid Waste programmable project(City Project No.P00041)by the same amount;
4. Adopt the attached appropriation ordinance adjusting receipts and appropriations in the Environmental Protection Capital Projects Fund by
increasing receipts and appropriations in the Brennan Groundwater Remediation project in the amount of$18,827 and decreasing receipts
and appropriations in the Transfer from Environmental Management CHG Description project(City Project No. C21501) by the same
amount;
5. Adopt the attached appropriation ordinance adjusting receipts and appropriations in the Environmental Protection Capital Projects Fund by
increasing receipts and appropriations in the Brennan Groundwater Remediation project in the amount of$9,515 and decreasing receipts
and appropriations in the Sycamore Creek Bacteria Management project(City Project No. 101140)by the same amount;
6. Adopt the attached appropriation ordinance adjusting receipts and appropriations in the Environmental Protection Capital Projects Fund by
increasing receipts and appropriations in the Brennan Groundwater Remediation project in the amount of$654,818 and decreasing
receipts and appropriations in the Litter Abatement Equipment project(City Project No. 100191)by the same amount;
7. Adopt the attached appropriation ordinance adjusting receipts and appropriations in the Environmental Protection Capital Projects Fund by
increasing receipts and appropriations in the Brennan Groundwater Remediation project in the amount of$45,000 and decreasing receipts
and appropriations in the Expanded Education—Captain Crud project(City Project No. 100600)by the same amount;
8. Adopt the attached appropriation ordinance adjusting receipts and appropriations in the Environmental Protection Capital Projects Fund by
increasing receipts and appropriations in the Brennan Groundwater Remediation project in the amount of$51,627 and decreasing receipts
and appropriations in the Litter Prevention Education project(City Project No. 100601)by the same amount;and
9. Adopt the attached appropriation ordinance increasing receipts and appropriations in the Environmental Protection Capital Projects Fund by
$276,984 from available funds for the Bennan Groundwater Remediation project(City Project No. 100492).
DISCUSSION:
This Mayor and Council Communication(M&C)is authorizing Amendment No.4 to City Secretary Contract No.48169 with Enercon Services, Inc.
(Enercon) in the amount not to exceed $2,071,550.20. Authorizing the extension of the same contract for two (2) additional years and
appropriating funds to complete the Brennan Avenue groundwater remediation.
On September 13,2016,Mayor and Council Communication(M&C C-27903),authorized the City Council to approve a contract with Enercon
Services, Inc.,for environmental and engineering consulting services in support of environmental capital improvement projects to remediate soil
and groundwater contamination in the amount of$589,500.00.This original project specifically included the Brennan Avenue Groundwater
Remediation Project.
In 2008,a fuel release at 2500 Brennan Avenue was reported to the TCEQ,and the City of Fort Worth initiated interim remedial response actions
to minimize the impact to the environment.TCEQ ordered the City to address the environmental issues as identified in the LPST ID No.95012
case filed against the City in August 2008. The City,has identified a remediation plan to satisfy TCEQ's concerns that should resolve this case.
This Amendment No.Four(4)will provide for additional time and funding for completing the necessary professional environmental engineering
services and necessary corrective actions to achieve regulatory compliance and case closure from the TCEQ by extending the contract term by an
additional 24 months.
The following table exhibits the funding strategy:
Environmental Protection Fund -Accounts Information Total Appropriation Decrease Total Appropriation
Increase
EP—Capital Projects Fund(Vehicles and Equipment—Solid Waste) $149,000
EP—Capital Projects Fund(Transfer from Environmental Management $18 827
(CHG)
EP—Capital Projects Fund(Sycamore Creek Bacteria Study) $9,515
EP—Capital Projects Fund (Litter Abatement Equipment) $654,818
EP—Capital Projects Fund(Expanded Education—Captain Crud) $45,000
EP—Capital Projects Fund(Litter Prevention Education) $51,627
EP—Capital Projects Fund (Unspecified) just receipts no appropriations $276,984
EP-Capital Projects Fund(Brennan Groundwater Remediation) $1,205,771
TOTAL $1,205,771 $1,205,771
Enercon agrees to maintain its initial SBE commitment of 10%that it made on the original agreement and extend and maintain that same SBE
commitment of 10%to this fourth amendment.Therefore Enercon remains in compliance with the City's BDE Ordinance and attests to its
commitment by its signature on the Acceptance of Previous SBE Commitment form executed by an authorized representative of its company.
The Code Compliance Department-Environmental Quality Division staff have coordinated this project with staff from both Property Management
and Police Departments.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are currently available in the Environmental Protection Capital Projects fund and upon approval of the
above recommendations and adoption of the attached appropriation ordinances,funds will be available in the Environmental Protection Capital
Projects fund for the Brennan Groundwater Remediation project to support the approval of the above recommendations and execution of the
amendment and extensions. Prior to an expenditure being incurred,the Code Compliance Department has the responsibility of verifying the
availability of funds.
Submitted for City Manager's Office by: Valerie Washington 6199
Originating Business Unit Head: Brandon Bennett 6322
Additional Information Contact: David B.Carson 6336