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HomeMy WebLinkAboutOrdinance 27438-01-2025Ordinance No.27438-01-2025 AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE WATER AND SEWER CAPITAL PROJECTS FUND IN THE AMOUNT OF $654,588.00, 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 EFFECTWE 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 matte the following adjustments by increasing estimated receipts and appropriations in the Water and Sewer Capital Projects Fund in the amount of $654,588.00, 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 section of this ordinance be declared invalid, inoperative or void for any reason by a court of competent j urisdiction, such decision, opinion or j udgment 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in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed.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: Kevin AndeC5, H M. Kevin Anders, II (Feb 7, 2025 09.56 CST) Assistant City Attorney ADOPTED AND EFFECTIVE: January 28, 2025 CITY SECRETARY Jannette S. Goodall City Secretary o400 FoRr`ya� GO q 0 0 F+ 0 �0 O� Oq 0 00000000 ,� City of Fort worth, Mayor and Texas Council Communication DATE;: 01/28/25 M&C FILE NUMBER: M&C 25-0089 LOG NAME: 60PFASTREATMENTSTUDYA3-BROWN AND CALDWELL SUBJECT (ALL) Authorize Execution of Amendment No. 3 to an Engineering Agreement with Brown and Caldwell in the Amount of $654,588.00, for a Revised Contract Amount of $9,348,067.00, for the Emerging Contaminants Per- and Polyfluoroalkyl Substances Treatment Study Project and Adopt Appropriation Ordinance to Effect a Portion of Water's Contribution to Fiscal Years 2025-2029 Capital Improvement Program RECOMMENDATION: It is recommended that the City Council: 1. Authorize execution of Amendment No. 3 to City Secretary Contract Number 60733, an engineering agreement with Brown and Caldwell, in the amount of $654,588.00, for a Revised Contract Amount of $9,348,067.00 for the Emerging Contaminants Per- and Polyfluoroalkyl Substances Treatment Study project; and 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Water and Sewer Capital Projects Fund in the amount of $654,588.00, 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 (USEPA) ruling 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). Prior to 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 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. 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 of $1,797,323.00, for additional engineering design services. On December 10, 2024 (M&C 24-1132), the City Council authorized Amendment No. 2 to the engineering agreement in the amount of $5,591,853.00, for additional engineering design services. Amendment No. 3 will provide funding to identify treatment options and a final design for a treatment system to remove PFAS from wastewater at the City -owned Fort Worth Southeast Landfill. Wastewater from the facility was identified as a point source of wastewater containing PFAS and discharged into the collection system. Anticipated benefits of this project include the reduction of PFAS in wastewater treatment plant influent, effluent, and blosolids, as well as providing a demonstration facility that Fort Worth can showcase to other industries, both local and regional, that have high levels of PFAS in their wastewater as they evaluate PFAS reduction and removal options. Amendment 3 will provide for treatment technology review, selection of the treatment technology, and design of a leachate treatment facility capable of removal of PFAS. 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 2025-2029 Capital Improvement Program, as follows: Capital Fund Project FY2025 CIP Authority Budget Change Revised FY2025 Name Name Appropriations (Increase/Decrease) Budget Fund 104942 56002 Water Emerg. Cont. $0.00 M&C 24- $5,591,853.00 $5,591,853.00 & PFAS 1132 Sewer Trtmnt Capital Study Project Fund 104942 56002 Water Emerg. Cont. $5,591,853.00 This M&C $654,588,00 $6,246,441.00 & PFAS Sewer Trtmnt Capital Study Project Funding is available from PayGo residuals within 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 Additional Project Total" Appropriations Appropriations Fund 56002— W&S Capital $8,718,479.00 $654,588.00 $9,373.067.00 Project Project Total $8,718,479.00 $664,588.00 $9,373,067.0011 *Numbers rounded for presentation purposes. BUSINESS EQUITY OFFICE: Brown and Caldwell agrees to maintain its initial MMIBE commitment of 14% that it made on the original agreement and extend and maintain that same MIWBE commitment of 14% to this amendment. Therefore Brown and Caldwell remains in compliance with the City's MMIBE Ordinance and attests to its commitment by its signature on the Acceptance of Previous MMIBE Commitment form executed by an authorized representative of its company. This project is located in ALL COUNCIL DISTRICTS. FISCAL INFORMATION 1 CERTIFICATION: The Director of Finance certifies that funds are currently available from PayGo residuals within 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 Manager's Office by: William Johnson 5806 Originating Business Unit Head; Chris Harder 5020 Additional Information Contact:, Jerry Pressley 8257 Julie Perez 8226