The URL can be used to link to this page

Home My WebLink About09611 ORDINANCE NO. 9611 AN EMERGENCY ORDINANCE TRANSFERRING, BUDGETING AND APPROPRIATING $36,036.20 FROM THE FUND BALANCE OF THE GENERAL FUND TO PROJECT CI1811, LAND FOR SOFTBALL FIELD, TO PAY FOR UNANTICIPATED ENVIRONMENTAL REMEDIATION FOR THE GRID ALTERNATIVES COMMUNITY SOLAR PROJECT BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. Funds in the amount of $36,036.20 are hereby transferred from the Fund Balance of the General Fund to Project No. CI1811 – Land for Softball Field, for environmental remediation of the GRID Alternatives solar project site. SECTION 2. Funds in the amount of $36,036.20 are hereby budgeted and appropriated from the Fund Balance of the General Fund for Project No. CI1811 - Land for Softball Field, to pay for environmental remediation of the project site. SECTION 3. The City Council finds that this Ordinance qualifies for treatment as an emergency Ordinance pursuant to City Charter because of the urgency to remediate environmental contamination that would facilitate the initiation of a Community Solar Project on the city-owned property prior to December 31, 2019. SECTION 4. The officers and staff of the City are authorized and directed to perform any and all acts consistent with this Ordinance and Contract to implement the policies and procedures described herein. SECTION 5. This Ordinance shall become effective immediately upon final action by the Mayor and City Council. Action by City Council: Introduced and initial adoption of Ordinance by City Council on November 25, 2019 . Final adoption of Ordinance by City Council on November 25, 2019 . President of City Council Action by the Mayor: ☒ Approved on November 27, 2019 . □ Disapproved on based on the following objections: Mayor Action by City Council After Disapproval by the Mayor: ☐ Council did not act to override the Mayor's veto. ☐ Ordinance re-adopted on a vote of , on ☐ Council action on __________________failed to override the Mayor’s veto. President of City Council ATTEST City Clerk City Clerk’s Office Item # S-1 BACKGROUND PAPER FOR PROPOSED ORDINANCE COUNCIL MEETING DATE: November 25, 2019 TO: President Dennis E. Flores and Members of City Council CC: Nicholas A. Gradisar, Mayor VIA: Brenda Armijo, City Clerk FROM: Scott Hobson, Acting Director of Planning and Community Development SUBJECT: AN EMERGENCY ORDINANCE TRANSFERRING, BUDGETING AND APPROPRIATING $36,036.20 FROM THE FUND BALANCE OF THE GENERAL FUND TO PROJECT CI1811, LAND FOR SOFTBALL FIELD, TO PAY FOR UNANTICIPATED ENVIRONMENTAL REMEDIATION FOR THE GRID ALTERNATIVES COMMUNITY SOLAR PROJECT SUMMARY: This Emergency Ordinance will budget and appropriate an increase of additional funds and transfer $36,036.20 from the Fund Balance of the General Fund to Project No. CI1811 – Land for Softball Field Project, to remediate unanticipated environmental contamination cleanup to facilitate the timely initiation of a Community Solar Project on a city-owned property prior to December 31, 2019. PREVIOUS COUNCIL ACTION: Resolution No. 13934, dated March 26, 2018 approving a Contract to Buy and Sell Real Estate by the City of Pueblo, a Colorado Municipal Corporation. Ordinance No. 9373, approved November 26, 2018 - City’s 2018 budget contains an appropriation of $200,000 in the Capital Improvements Fund, Project No. CI1811 Land for Softball Field. Ordinance No. 9517, dated August 28, 2019 approving a Solar Lease and Easement Agreement between the City of Pueblo, a Colorado Municipal Corporation and GRID Alternatives Colorado, Inc., a Delaware Non-Profit Corporation. BACKGROUND: The City Council approved a lease agreement on August 28, 2019 with GRID Alternatives Colorado, Inc. to construct a community solar project authorized by Black Hills Energy on the eastern portion of the property authorized to be purchased by City Council on March 26, 2018. Prior to initiating the construction of the project, an environmental assessment of the property identified several areas where illegal dumping had occurred on the property containing some hazardous materials. For GRID Alternatives to secure financing for the solar project, the property must be clean of any hazardous materials. The project site must be remediated, and GRID Alternatives needs to break ground on their project prior to the end of 2019 for them to receive federal solar tax credits. Without the tax credits, the project will not be financially feasible. The community solar project is established to provide a reduction in monthly electricity charges for low-income residents within the City of Pueblo. SB Advanced Remediation Services, Inc. was requested to provide a not to exceed proposal for the remediation of the illegal dump sites on the property. The emergency appropriation will pay a not to exceed cost of $25,000 and up to $8,000 for All-Phase Environmental to provide oversight, required by the Colorado Department of Public Health and Environment (CDPHE), monitor the air quality, and complete a close out of the clean up with CDPHE. FINANCIAL IMPLICATIONS: There is currently $838.97 in Project No. CI1811. Funds in the amount of $36,036.50 will need to be transferred from the Fund Balance of the General Fund to cover the emergency cost for the environmental remediation, monitoring and close out of the cleanup. BOARD/COMMISSION RECOMMENDATION: None. STAKEHOLDER PROCESS: None. ALTERNATIVES: Failure to adopt the Ordinance will result in the property not being remediated in a timely manner to meet the time schedule for the securing of financing and construction of the community solar project. RECOMMENDATION: Approval of the Emergency Ordinance. Attachments: Proposed Ordinance Proposal from SB Advanced Remediation Services, Inc. Proposal from All-Phase Environmental 4n. SB Advanced Remediation Services, Inc Asbestos, Mold, Lead Paint Abatement Specialist 1414 S. Wahsatch Ave, Colorado Springs, CO 80905 Shawn Renville, President (719) 540-6550 Office (719) 540-6553 Fax(719)-492-0442 Cell November 12, 2019 PROPOSAL SUBMITTED TO: City Of Pueblo PROJECT LOCATION: Highway 50 Solar Project Vacant Land. RACAS Clean-Up Soil Removal Firm Fixed Cost: $24,835.17 Magnesium Chloride Application Firm Fixed Cost: $900.00 • SB Advanced Remediation Services (ARS) is proposing to remove I"of soil determined to be RACAS following the engineering controls as set forth by the solid waste commission under section 5.5.7. • The scope covered under this Statement of Work includes; furnishing labor and materials. • ARS will spray up to 250 gallons of mag chloride over the work area. • ARS will be responsible for properly disposing of the asbestos waste into an EPA approved landfill. • The total square footage of the area containing RACAS was calculated using the material map & area location document dated 10/24/19. Area#1 measured at 45'X 500 totaling 22,500 SF and the other nine points on the map were assumed to cover an area 20'X 20' each totaling 3,600 SF for a combined total of 26,160 square feet. Job specific requirements: • Work is based on working during regular business hours. (7:00 am to 3:30 pm) Monday-Friday. • ARS will require assistance from All-Phase Environmental to outline and set the perimeters of the regulated work area. Performance period: • Once site work has started ARS will continue working in efforts to complete the RACAS in a timely manner. Conditions resulting in delay will be documented and discussed with the City of Pueblo, ARS's anticipated time frame is approximately 8 working days. ARS will have up to 1 supervisor and 3 workers on site. Page 1 of 2 General conditions: • The client shall provide ARS permission to use the nearest fire hydrant for a water source. • ARS will be required to provide Certifications, and Certificates of Insurance. Proposal Includes: • ARS, Inc. shall provide Workman's Compensation Insurance, Vehicle Insurance and Contractors Comprehensive General Liability Insurance that includes $1,000,000 occurrence coverage for asbestos related acts. • Removal and disposal of RACAS to the depth of 1" over a 22,610 SF work area totaling 100 square yards. Proposal Excludes: • Costs for bonding are not included in this bid but can be included for an additional fee of 3%of total cost. • Cost for drafting of a specific management plan is not included in this bid. • Cost to provide fencing or securing the site is not included in this bid. • Any matters not included in this proposal, or changes to proposed removal methods in this proposal. ADDITIONAL NOTES: • No additions or other changes to these proposed removal methods or the amount of scope of work will be performed without written authorization by all parties involved. • This proposal is based on removal of RACAS within a footprint of 22,610 square feet not to exceed more than 1" in depth up to 100 cubic yards of waste. If additional RACAS is discovered outside of the 22,660 SF area or greater than 1" in depth or any waste volume over 100 cubic yards will require an extra charge/ contract negotiations. Payment will be made by client within (30) days after completion of work. All work will be completed in a workmanlike manner, according to standard practices and applicable laws and regulations. Any alterations or deviation from above specifications involving extra costs will be executed only upon written orders and will become an extra charge over and above the estimate. All agreements are contingent upon strikes, accidents or delays beyond our control. Client will carry fire, tornado and other necessary insurance. Our workers are covered by Worker's Compensation insurance. This proposal may be withdrawn by us if not accepted within 30 days. SB Advanced Remediation Services, Inc (ARS) Skuim Reauille Shawn Renville Page 2 of 2 ALL - PHASE ENVIRONMENTAL CONSULTANTS, INC. Proposal for Project Oversight Future Solar Project for Troy/Hwy 50 Pueblo, CO Confidential Page 1 11/13/2019 Scope of Work The scope of work for the project known as Project oversight, sampling and clearance for Troy and Highway 50 Future Eastside Solar Project located in Pueblo, CO will include the following items: 1) PROPOSED SCOPE OF WORK All-Phase Environmental Consultants, Inc. (APEC) will perform asbestos services at the above-mentioned addresses and is hereby referenced to as the Subject Properties. A. Scope Preparation & CDPHE Correspondence APEC shall provide project management and oversight services to ensure compliance with the project specifications and all applicable local, state, and federal regulations. APEC will provide the City of Pueblo with quality scope of work preparation services. The SOW will include the following general information: • General Conditions • General Abatement Contractor(GAC) submittal requirements • Maps of Area • References to Section 5 • Correspondence with CDPHE • Final Clearance Requirements B. Open Air Sampling -TEM Abatement enclosures shall remain under negative pressure until sampling and a visual inspection have been conducted by a Colorado Certified Air Monitoring Specialist (AMS), in accordance to Colorado Department of Public Health and Environment, Solid Waste Division (CDPHE), Section S. Mr. Richard Ralston, and Logan Greenfield meet the requirements of an AMS. Daily Air Samples will be collected during active abatement activities in accordance with the National Institute for Occupational Safety and Health (NIOSH)Transmissions Electron Microscopy(TEM) results will be made available to the AMS by the start of the next business day or as soon as practical after the start of the next business day and written results will be made available on-site within 24 hours from the time the verbal result is received (6 hr turnaround). If any air samples have the presence of asbestos by TEM analysis, all work shall stop and the Colorado Department of Public Health and Environment (CDPHE) will be immediately notified. Work practices will be re-evaluated with guidance from CDPHE and will not resume without the expressed permission of CDPHE. The person performing air sampling as part of oversight for an asbestos Confidential Page 2 11/13/2019 abatement project with the City will be State of Colorado certified as an Air Monitoring Specialist (AMS). Scope: Project Duration —8 days (per GAC bid) Daily Oversight 6 TEM samples daily on a 6 hr turnaround Shipping of samples Final Clearance and Report (with all data and pictures) APPENDIX A-Cost Estimate Task Item Units Cost per Unit Total Scope of Work 1 $2,500.00 $2,500 Daily Oversight(AMS) 8 $600.00 $4,800 Final Clearance& Report 1 $2,500.00 $2,500 Samples TEM 40 $88.00 $3,520 Fedex for TEM 8 $40.00 $320 TOTAL $13,640.00 The cost estimate listed above reflects only those costs described in the Scope of Work. Any additional types of sampling may constitute an alternative Scope of Work, thereby changing the price and/or timeframe of the project. The above Scope of Work and prices are ONLY for the air sampling at the Subject Property as described in the contract, consultant time and the written report. The estimated time work frame is 8 working days. Many Thanks, Logan Greenfield—VP of Field Services All-Phase Environmental Consultants, Inc. (o) 719.545.0375 (m) 719.250.0036 (f) 719.542-2807 Confidential Page 3 11/13/2019