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HomeMy WebLinkAbout09672ORDINANCE NO. 9672 AN EMERGENCY ORDINANCE TRANSFERRING, BUDGETING, AND APPROPRIATING AN ADDITIONAL $100,000 FROM THE GENERAL FUND TO PROJECT CI1811, LAND FOR SOFTBALL FIELD TO PAY FOR UNANTICIPATED ENVIRONMENTAL REMEDIATION FOR THE GRID ALTERNATIVES COMMUNITY SOLAR PROJECT WHEREAS, SB Advanced Remediation Services, Inc. was awarded a contract for environmental remediation of the property pertaining to Project No. CI1811, Land for Softball Field Project; and, WHEREAS, the contract for environmental remediation with SB Advanced Remediation Services, Inc. pertaining to Project No. CI1811, Land for Softball Field Project is required to be amended to complete additional unanticipated environmental contamination related to the initiation of a Community Solar Project on the City-Owned property; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. Funds in the amount of $100,000 are hereby transferred from the General Fund to Project No. CI1811 – Land for Softball Field for additional unanticipated environmental remediation of the GRID Alternatives solar project site. SECTION 2. An increase of $100,000 is hereby budgeted and appropriated from the General Fund for Project No. CI1811 - Land for Softball Field to pay for additional unanticipated 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 preclude the initiation of a Community Solar Project on the City-Owned property. SECTION 4. The Purchasing Agent is hereby authorized to execute said amended contract on behalf of Pueblo, a Municipal Corporation, and the City Clerk shall affix the seal of the City thereto and attest same. SECTION 5. The officers and staff of the City are authorized and directed to perform any and all acts consistent with the intent of the Ordinance to implement the policies and procedures described herein. SECTION 6. 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 February 24, 2020. Final adoption of Ordinance by City Council on February 24, 2020. President of City Council Action by the Mayor: ☒ Approved on February 26, 2020 . ☐ 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 C City Clerk’s Office Item # S-1 BACKGROUND PAPER FOR PROPOSED ORDINANCE COUNCIL MEETING DATE: February 24, 2020 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 AN ADDITIONAL $100,000 FROM 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 General Funds to Project No. CI1811 – Land for Softball Field Project for unanticipated environmental contamination cleanup that would preclude the initiation of a Community Solar Project on a City-Owned property. PREVIOUS COUNCIL ACTION: Resolution No. 13934, dated March 26, 2018 approved a Contract to Buy and Sell Real Estate by the City of Pueblo, a Colorado Municipal Corporation. Ordinance No. 9373, dated November 26, 2018 approved the appropriation of $200,000 in the Capital Improvement Funds, Project No. CI1811 Land for Softball Field for the purchase of the property. Ordinance No. 9517, dated August 28, 2019 approved 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. Ordinance No. 9611, dated November 25, 2019 approved the transfer, budgeting and appropriating $36,036.20 from 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. BACKGROUND: On November 25, 2019 City Council approved Emergency Ordinance No. 9611 that transferred $36,036.20 from the Fund Balance of the General Fund to Project No. CI1811 – Land for Softball Field Project, and budgeted and appropriated those funds into Project No. CI1811. The funds were approved to complete the cleanup of several areas where illegal dumping containing hazardous materials had occurred on the City-owned property that is being leased to GRID Alternatives Colorado, Inc. (“GRID Alternatives”) for the Eastside Community Solar Project (“Solar Project”) authorized by Black Hills Energy. SB Advanced Remediation Services, Inc. (“SB Advanced Remediation”) was requested to provide a proposal for the remediation of the illegal dumping on the site of the Solar Project based on an evaluation of the surface area of the site. SB Advanced Remediation has completed the cleanup on 1/4 of the area being leased for installation of the solar panels. They originally anticipated 100 cubic yards of material to be removed from the site based on an average of two (2) inches of material being required to be removed. They have removed the estimated 100 cubic yards of material within the first 25% of the site that is needed for the Solar Project. In several locations on the property the amount of contaminated material removed has exceeded two (2) feet in depth. The actual depth of contaminated material in some areas has significantly exceeded the initial evaluation. SB Advanced Remediation has provided an amended proposal for the remaining work covering 30,000 square feet of the solar panel area at an average of two (2) inches of material to be removed. This totals 300 cubic yards of material to be removed and disposed at a price of $233 per cubic yard. This is an increase fixed firm cost of $69,900 to complete the remediation. The amended emergency appropriation will also pay a not to exceed cost of $12,960 for All-Phase Environmental to provide oversite, required by the Colorado Department of Public Health and Environment (CDPHE), monitor the air quality, and complete a close out of the cleanup with CDPHE. This proposed Emergency Ordinance will provide a total increase of $82,860 in the cost to complete the site remediation in accordance with the City’s lease agreement with GRID Alternatives for the Solar Project. FINANCIAL IMPLICATIONS: To pay for the cost of additional unanticipated environmental remediation of the City-Owned Community Solar Project, funds in the amount of $100,000 if authorized by City Council, will be transferred from the General Fund to Project No. CI1811 – Land for Softball Field Project. Any funds not expended for the cleanup will be returned to the General Fund balance. BOARD/COMMISSION RECOMMENDATION: None. STAKEHOLDER PROCESS: None. ALTERNATIVES: Denying the Ordinance will result in the property not being remediated in a timely manner to meet the time schedule for the construction and installation of the community solar project. RECOMMENDATION: Approval of the Emergency Ordinance. Attachments: Proposed Ordinance Proposal from SB Advanced Remediation Services, Inc. for additional required remediation of contaminants Proposal from All-Phase Environmental for additional monitoring and reporting of the site cleanup