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HomeMy WebLinkAboutOrdinance 19061-03-2010Ordinance No 19061-03-2010 AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE ENVIRONMENTAL MANAGEMENT FUND IN THE AMOUNT OF $100 168 00 FROM AVAILABLE FUNDS FOR TRANSPORTATION AND DISPOSAL OF CONTAMINATED SOILS AT 2500 BRENNAN AVENUE FOR THE TRINITY RIVER VISION PROJECT PROVIDING FORA SEVERABILITY CLAUSE, MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES AND REPEALING ALL PRIOR 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 2009-2010 in the Budget of the City Manager there shall also be increased estimated receipts and appropriations in the Environmental Management Fund in the Amount of $100 168 00 from available funds for transportation and disposal of contaminated soils at 2500 Brennan Avenue for the Trinity River Vision 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 18809 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in which .instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed SECTION 4 This ordinance shall take effect upon adoption APPROVED AS TO FORM AND LEGALITY --~" Assistant Ci y Attorney ADOPTED AND EFFECTIVE. March 2. 2010 ORDINANCE NO 19061-03-2010 „,~ ^, ~ ~ ~ .._..~ ____,# ~ ~ ~ l _. ~ ._. 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No. 19061=03-2010 DATE Tuesday March 02 2010 REFERENCE NO C-24119 LOG NAME 52RATIFY EMERGENCY AMENDMENT TO EAGLE FOR BRENNAN SUBJECT Adopt Appropriation Ordinance and Ratify Emergency Amendment No 1 to City Secretary Contract No 39664 with Eagle Construction and Environmental Services LLC in the Amount of $100 168 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 Management Fund in the amount of $100 168 00 from available funds and 2. Ratify Emergency Amendment No 1 to City Secretary Contract No 39664 with Eagle Construction and Environmental Services LLC in the amount of $100 168 00 for transportation and disposal of contaminated soils at 2500 Brennan Avenue DISCUSSION On December 15 2009 Eagle Construction and Environmental Services, LLC (Eagle) was awarded a Contract (M&C C-23984 City Secretary Contract No 39664) for the excavation and removal of contaminated soils located in the drainage channel that traverses the City's service center located at 2500 Brennan Avenue and 3479 West Vickery Boulevard for the Southwest Parkway/State Highway 121 Tollway Project. Emergency Amendment No 1 is specifically related to Brennan Avenue excavation and removal of contaminated soils in the drainage channel that flows from the north at Brennan Avenue and discharges into the Trinity River at the southern boundary of the Brennan Service Center The amount of hydrocarbon impacted soils estimated in the original invitation to bid was based on several geotechnical soil borings advanced adjacent to the project site for the Trinity River Vision Project. To confirm the waste classification for disposal Eagle facilitated the waste classification process and Environmental Management Department staff assisted by collecting soil samples from within the channel Areas of the drainage channel that were disturbed during sampling showed evidence of petroleum hydrocarbon contamination in the northern one-third portion of the channel which was not indicated in the previous borings Analytical results from the sampling also showed higher contaminant levels in some areas resulting in a change of waste classification from Class II Non-hazardous to Class INon-hazardous waste The additional hydrocarbon impacted soils discovered during the waste characterization process plus the increased classification from Class II Non-Hazardous waste to Class INon-Hazardous waste for a large portion of the waste to be handled results in an increase of $100 168 00 The amended not-to-exceed contract cost is $553,221 00 The Environmental Management Department conferred with both the Law and Financial Management Logname: 52RATIFY EMERGENCY AMENDMENT TO EAGLE FOR BRENNAN Page 1 of 2 Services (Purchasing) Departments to proceed 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). M/WBE A waiver of the goal for M/WBE was requested by the Environmental Management Department and approved by the M/WBE Office because a public or administrative emergency exists which requires the goods and services to be provided with unusual immediacy This project is located 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 Management Fund FUND CENTERS TO Fund/Account/Centers 1) R101 441012 052011000000 1) R101 539410 052011000000 CERTIFICATIONS FROM Fund/Account/Centers $100,168.00 2) R101 539410 0522010030000 $100,168.00 $100,168.00 Submitted for City Manager's Office b~ Originating Department Head. Additional Information Contact: Fernando Costa (6122) Brian Boerner (6647) Michael Gange (6569) Logname 52RATIFY EMERGENCY AMENDMENT TO EAGLE FOR BRENNAN Page 2 of 2