Title
Consider approving Resolution No. 2025-060 approving a Professional Service Agreement with Freese and Nichols, Inc. for Phase 4 of the Lead and Copper Rule Revision Compliance Plan, in an amount not to exceed $120,133; and take appropriate action.
Body
BACKGROUND:
The Environmental Protection Agency (EPA) passed a federal regulation in 1991 called the Lead and Copper Rule (LCR), which requires drinking water utilities to provide corrosion control and monitor lead in customers’ homes. The City of Farmers Branch Public Works Department has maintained consistent compliance with the LCR since the rule was established.
On January 15, 2021, the EPA released new revision standards to the LCR, including guidance for water service line identification and reporting, impacting water utilities nationwide. Effective December 16, 2021, the EPA’s Lead and Copper Rule Revisions (LCRR) required public water systems to conduct a service line material inventory and address locations with elevated levels of lead. The deadline for addressing the initial LCRR requirements was October 16, 2024. On October 16, 2024, a Lead Service Line Inventory (LSLI) was completed and submitted to the Texas Commission on Environmental Quality (TCEQ). Public-facing documents, including the LSLI (GIS Map), were available on the city website, and letters were mailed to residents with a lead or galvanized service line.
During visual inspections of our water meter connections throughout the city, PW found no city-owned services classified as lead or galvanized. Five lines were identified as galvanized on the private side, thus needing replacement. The shot clock to replace those service lines will not commence until 2027. Once the shot clock starts, residents will have until November 1, 2037 (ten years) to replace the galvanized service lines identified during the discovery phase.
The primary goals of LCLI are eliminating all unknowns, performing random inspections of the distribution system to verify inventory entries, and replacing all lead and Galvanized Requiring Replacement (GRR) lines to the customer building inlet by 2037. The replacement requirement applies to all systems, regardless of lead detection levels.
The compliance process for LCRR, and now LCLI, will be achieved through a five-phased approach. The five phases of the compliance plan are:
• Phase 1: LCRR Effort Assessment (completed)
• Phase 2: Initial Service Line Inventory Development (completed)
• Phase 3: Service Line Inventory Completion by Field Inspections (completed)
• Phase 4: Sample Plan Update, Preliminary Sampling, and Other Compliance Preparations
• Phase 5: Lead Service Line Replacement Planning and Mitigation
Phase 4's purpose is to assist with Service Line Material Inventory Validation (per State requirements), Customer Outreach for Sample Site Updates, and School and Childcare Sampling Outreach.
DISCUSSION:
City Council approved Resolution No. 2023-027, approving a Professional Services Agreement with Freese and Nichols (FNI) on February 7, 2023. Phases 1, 2, and 3 are completed. The City and the consultant are ready to begin Phase 4. Therefore, the Public Works Department needs to amend the previous agreement so the City can complete the requirements of Phase 4 and maintain compliance with the current State and EPA regulations. The City and FNI have negotiated changes to the original scope of work for the Professional Services Agreement to address the requirements of the LCRI. The increased scope requires an increase of $120,133, bringing the new total from $340,875 to $461,008. This scope of work will include:
• Project management and coordination meetings
• Service Line Material Inventory Validation
• Customer outreach for sample site updates
• School and childcare sampling outreach
FISCAL IMPACT:
This is a budgeted item for $120,133 from the Utility Replacement and Improvement CIP fund.
DISTRICT:
Citywide
POSSIBLE COUNCIL ACTION:
1. I move to approve Resolution No. 2025-060 as presented.
2. I move to approve Resolution No. 2025-060 with modifications.
3. I move to table the issue for further study or take no action.
ATTACHMENT(S):
1. Resolution No. 2025-060
2. Professional Services Agreement
3. Resolution No. 2023-027