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HomeMy WebLinkAboutOrdinance 19447-11-2010 Ordinance No. 19447-11-2010 AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE ENVIRONMENTAL PROTECTION PROJECT FUND IN THE AMOUNT OF $417,248.28, FROM AVAILABLE FUNDS, FOR THE PURPOSE OF FUNDING THE TRANSPORTATION AND DISPOSAL OF CONTAMINATED SOILS; 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$417,248.28, from available funds, for the purpose of funding the transportation and disposal of contaminated soils at 2500 Brennan Avenue. 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in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed.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: November 16,2010 ORDINANCE NO. 19447-11-2010 29TH z m 'fi ~°a J a 29TH _. . co- LORAINE U J o i z f - - uwi t U3 t a r J QI CO G) c�----s zQ D DEE . r tm A-11 W € f, r WATAUGA co FE T i co 1 � a � Y {f V�`s� Zr 0 O , L r; 23RD . o ! m 22ND—P -21ST ��z YUCCA VA 4 � y Q� �tz O _ p O _co y s o X _.�H C)co MAP �� , P�JI � . =n Ilk V, CFO A GREE `L �k O = ;fix 10 GARVEY � cod Oy� 2500 Brennan Ave. m * 2500 Brennan Ave. 0 0.25 0.5 City of Fort Worth Miles base map: CITY OF FORT WORTH GEOGRAPHIC INFORMATION SYSTEM ORDINANCE NO. 19447-11-2010 City of Fort Worth RECEIVED Departmental Request for Waiver SEP 0 9 2010 Of MBE/WBE Subcontracting/Supplier Goal &V(ioh.,tPwkl /ru„p�Prne.,4 $ 03, X53. oo 815111) DEPARTMENT NAME: ESTIMATED COST / PROPOSAL DATE _ NAME OF PROJECT/BID: DOE/PROJECT NO. --- _ grg2 ------------------ -- SIGNAT RE OF /PROJECT MANAGER EXTENSION DATE NIGP CODE Prior to advertisement the contracting/managing department shall determine whether the bid/proposal is one which MBE/WBE requirements should not be applied. MBE/WBE requirements may be waived upon written approval of the M/WBE Manager. If one of the conditions listed below exists, the contracting/managing department shall notify the Manager via this form, stating the specific reason(s)for requesting a waiver. If the contracting/managing department and the Manager are in conflict over the granting of a waiver, either may appeal to the City Manager, or designee, and his/her decision is final. Please Check Applicable Reason: A public or administrative emergency exists which requires the goods or services to be provided with unusual immediacy; or Purchase of goods or services from source(s) where subcontracting or supplier opportunities are negligible; or The application of the provisions of this ordinance will impose an economic risk on the City or unduly delay acquisition of the goods or services; or ✓ _-D. The MWBE Waiver is solicited based on the information provided to the MWBE Office by the managing department's project manager. ���RGEvcy Pu?crh�SE aRoF,e - WIN147-10N) Justify Commodity or Service Waiver Request: /11 fG C - zg3,10 ggoWrd 7/,;/i1) A [tfthnyiifian of fhP e rLW4Pn ME7 &V8,— neCeSSO�I �7( o- A.tZM�( r IC h,P �,fu's .2°sidPv fs �iP wa-/C gaXla led w1 f�, fh�s Aro ircf � C/Par►�n ,��/�/ 1Pm01�/_�_,Q�/Pur+ �.+��� s�%/.l /arc�a� (�=�h.;� Please U-W addiuonal sheets, if needed M jWB , OFFICh, USG ONLY i Approved Signatur o /WBE Authorized Personnel Date wit/ Not Approved -- PP S/Kn��tun• of M,WI3F Authorized Personnel Date Rev.3123/04 City of Fort Worth, Texas Mayor and Council Communication COUNCIL,ACTION: Approved o'r1"11f16i20*,'-_ter . No. 19447.11.2010 DATE: Tuesday, November 16, 2010 REFERENCE NO.: C-24612 LOG NAME: 20RATIFY SUNBELT CONTINUANCE 1 SUBJECT: Adopt Appropriation Ordinance Increasing Estimated Receipts and Appropriations in the Environmental Protection Project Fund in the Amount of$417,248.28 and Ratify Continuance of Work on Emergency Purchase Order with Sunbelt Industrial Services in the Amount of$601,763.00 for Transportation and Disposal of Contaminated Soils at 2500 Brennan Avenue (COUNCIL DISTRICT 2) RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Environmental Protection Project Fund in the amount of$417,248.28 from available funds; and 2. Ratify Continuance of Work on Emergency Purchase Order with Sunbelt Industrial Services in the amount of$601,763.00 for transportation and disposal of contaminated soils at 2500 Brennan Avenue. DISCUSSION: On July 13, 2010, (M&C C-24340)was approved for Sunbelt Industrial Services (Sunbelt) regarding the emergency cleanup of petroleum impacted soils from the drainage channel at 2500 Brennan Avenue. Sunbelt performed the emergency remediation that included excavating approximately 17,800 cubic yards of soil and disposing of approximately 9,500 cubic yards of Total Petroleum Hydrocarbons (TPH) contaminated soil from 2500 Brennan Avenue. Upon nearing completion of the Emergency Remediation activities, influx of hydrocarbons continued along the eastern and western sides of the drainage channel. Through a Continuance of Work under the Emergency Purchase Order, Sunbelt excavated an additional 22,000 cubic yards of soil and transported and disposed of approximately 6,000 cubic yards of TPH contaminated soil from 2500 Brennan Avenue. Proper removal and disposal of the contaminated soils was required under Texas Commission on Environmental Quality rules and regulations. The Environmental Management Department conferred with both the Law and Financial Management Services (Purchasing) Departments to proceed with a Continuance of Work under emergency procurement procedures in order to prevent additional environmental impacts and potential human exposure. Both Legal and Purchasing have agreed that this issue can be treated as "a procurement that is necessary to preserve or protect the public health or safety of the municipality' s residents" in accordance with the Texas Local Government Code Section 252.022(a)(2). The City' s M/WBE Ordinance is waived for this Continuance of Work under the Emergency Purchase Order. Logname: 20RATIFY SUNBELT CONTINUANCE 1 Page 1 of 2 This project is located in COUNCIL DISTRICT 2. 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 operating budget, as appropriated, of the Environmental Protection Project Fund. FUND CENTERS: TO Fund/AccounVCenters FROM Fund/Account/Centers 1) R101 441012 052052901000 $64,601.27 2) R101 539410 052201003000 $601,763.00 1) R101 472071 052052901000 $288,118.50 1) R101 481306 052052901000 $35,179.91 1) R101 488100 052052901000 $2,500.00 1) R101 488200 052052901000 $26,848.60 1) R101 539410 052052901000 $417,248.28 CERTIFICATIONS: Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: William Verkest (7801) Additional Information Contact: Michael Gange (6569) Logname: 20RATIFY SUNBELT CONTINUANCE 1 Page 2 of 2