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HomeMy WebLinkAboutOrdinance 27363-12-2024Ordinance No. 27363-12-2024 AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE WATER AND SEWER CAPITAL PROJECTS FUND IN THE AMOUNT OF $5,591,853.00, FROM AVAILABLE PAYGO RESIDUALS IN THE WATER AND SEWER CAPITAL PROJECTS FUND, FOR THE PURPOSE OF FUNDING THE EMERGING CONTAMINANTS PER- AND POLYFLUOROALKYL SUBSTANCES TREATMENT STUDY PROJECT (CITY PROJECT NO. 104942); 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 the budget of the City of Fort Worth for Fiscal Year 2024-2025, as enacted by Ordinance 27107-09- 2024, as amended, is hereby further amended to make the following adjustments by increasing estimated receipts and appropriations in the Water and Sewer Capital Projects Fund in the amount of $5,591,853.00, from available PayGo Residuals in the Water and Sewer Capital Projects Fund, for the purpose of funding the Emerging Contaminants Per- and Polyfluoroalkyl Substances Treatment Study project (City Project No. 104942). 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 27107-09-2024 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in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed.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 M, Kevin Anders, II (dec 31, 202415:00 CST Jannette S. Goodall Assistant City Attorney City Secretary ADOPTED AND EFFECTIVE: December 10, 2024 �T Fopp� ICA 0 I a oC� Od 0 o -1 0 City of Fort Worth, Texas Mayor and Council Communication DATE: 12/10/24 M&C FILE NUMBER: M&C 24-1132 LOG NAME: 60PFASTREATMENTSTUDYA2-BROWN AND CALDWELL SUBJECT (ALL) Authorize Execution of Amendment No. 2 to City Secretary Contract Number 60733, an Engineering Agreement with Brown and Caldwell in the Amount of $5,591,853.00, for a Revised Contract Amount of $8,693,479.00, for the Emerging Contaminants Per- and Polyfluoroalry] Substances Treatment Study Project and Adopt Appropriation Ordinance to Effect a Portion of Water's Contribution to the Fiscal Years 2025- 2029 Capital Improvement Program RECOMMENDATION: It is recommended that the City Council: Authorize execution of Amendment No. 2 to City Secretary Contract Number 60733, an engineering agreement with Brown and Caldwell, in the amount of $5,591,853.00 for a revised contract amount of $8,693,479.00 for the Emerging Contaminants Per- and Polyfluoroalkyl Substances Treatment Study project; and Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Water and Sewer Capital Projects Fund in the amount of $5,591,853.00, from available PayGo residuals within the Water and Sewer Capital Projects Fund, for the purpose of funding the Emerging Contaminants Per- and Polyfluoroalkyl Substances Treatment Study project (City Project No.104942) to effect a portion of Water's Contribution to the Fiscal Years 2025-2029 Capital Improvement Program. DISCUSSION: The United States Environmental Protection Agency's (US EPA) final rule issued in April 2024 for regulating Maximum Contaminant Levels and Hazard Index for Per- and Polyfluoroalkyl Substances (PFAS) in drinking water has prompted the Water Department to formulate plans to monitor potential sources and reduce PFAS levels through source identification and treatment (if necessary). Before the adoption of USEPA's final rules, the Water Department initiated testing of multiple sources including raw water, sewer, and drinking water to better understand the full water life -cycle challenge in removing these contaminants. Through early testing, staff determined that additional advanced treatment may be needed at the drinking water treatment plants in order to comply with the proposed PFAS regulations. On December 12, 2023, through Mayor & Council Communication (M&C 23-1075), the City Council authorized execution of an engineering agreement with Brown and Caldwell in the amount of $1,304,303.00 to conduct systematic sampling and testing of the water through various phases of the treatment process to help determine the optimal treatment strategy for reliable and economical removal of PFAS. On January 10, 2024, the City entered into City Secretary Contract Number 60733, an engineering agreement, with Brown and Caldwell. Sampling has been conducted from all existing raw water sources and from various stages at all five City water treatment plants. The results will affect all existing and future customers. On June 11, 2024 (M&C 24-0513), the City Council authorized Amendment No.1 to the engineering agreement in the amount not to exceed $1,797,323.00, for additional engineering design services. Amendment No. 2 will provide for engineering design for PFAS treatment at the South Holly Water Treatment Plant, consisting of granular activated carbon (GAC) absorption which was demonstrated as an effective process for treatment of the PFAS compounds. This project is necessary to treat raw water originating from Lake Worth to meet drinking water regulatory standards recently approved by the United States Environmental Protection agency for PFAS compounds. It is the practice of the Water Department to appropriate its CIP plan throughout the Fiscal Year (FY), instead of within the annual budget ordinance, as projects commence, additional funding needs are identified, and to comply with bond covenants. The actions in the M&C will appropriate funds in support of the Water's portion of the City of Fort Worth's Fiscal Years 2024-2028 Capital Improvement Program, as follows: Capital Fund Project FY2025 CIP Authority Budget Change Revised Name Name A ro riations pp p (increase/Decrease) FY2025 Budget 104942 Fund 56002 - - Emerg. W&SCapital Cant. $0.00 This M&C $5,591,853.00 $5,591,853.00 Projects PFAS Fund Trtrnnt Funding is available in the Unspecified -All Funds project within the Water & Sewer Capital Projects Fund for the purpose of funding the Emerging Contaminants PFAS Treatment Study project. Funding for the Emerging Contaminants PFAS Treatment Study project is depicted below: Fund Existing Appropriations Additional Appropriations project Total* Fund 56002 -- W&S Capital Projects Fund $3,126,626.00 $5,591,853.00 $8,718,479.00 Project Total $3,126,626.00 $5,591,853.00 $8,718,479.00 *Numbers rounded for presentation purposes. BUSINESS EQUITY OFFICE: Brown and Caldwell agrees to maintain its initial MA BE commitment of 14% that it made on the original agreement and extend and maintain that same MNVBE commitment of 14% to all prior amendments up to and inclusive of this Amendment No. 2. Therefore Brown and Caldwell remains in compliance with the City's MN BE Ordinance and attests to its commitment by its signature on the Acceptance of Previous MA BE Commitment form executed by an authorized representative of its company. This project is located in ALL COUNCIL DISTRICTS. FISCAL INFORMATION I CERTIFICATION: The Director of Finance certifies that funds are currently available in the Unspecified -All Funds project within the W&S Capital Projects Fund and upon the approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the W&S Capital Projects Fund for the Emerg. Cont. PFAS Trtmnt Study project to support the above recommendations and execution of the engineering agreement Prior to any expenditure being incurred, the Water Department has the responsibility of verifying the availability of funds. Submitted for City Managers Office by William Johnson 5806 Originatinq Business Unit Head: Chris Harder 5020 Additional Information Contact: Matt Kusnir 8219 Julie Perez 8226