AGENDA CAPTION:
Title
Consider approval of Resolution 2025-173R, approving a change in service to the contract with Freese and Nichols, Inc. for engineering services to review, update, and recertify the city’s drinking water system Risk and Resiliency Assessment and Emergency Response Plan in compliance with the American Water Infrastructure Act, increasing the contract amount by $78,300.00 for a total contract amount of $143,739.21; authorizing the City Manager, or her designee, to execute the change in service on behalf of the city; and declaring an effective date.
Body
Meeting date: September 16, 2025
Department: Utilities Department – Paul Kite, Assistant Director
Amount & Source of Funding
Funds Required: $78,300
Account Number: 22006329-52305
Funds Available: Yes
Account Name: Contracted Services
Fiscal Note:
Prior Council Action: Res 2021-203R on October 4, 2021, approved the initial contract with Freese and Nichols, Inc., for the development of an emergency preparedness plan for the City’s water utilities as required by then-enacted legislation in the amount of $59,353. A subsequent change order for $6,086.21 was completed in May 2025 to update infrastructure information, contact information, conduct a review meeting, and submit the Emergency Preparedness Plan to the Texas Commission on Environmental Quality (TCEQ).
City Council Strategic Initiative: [Please select from the dropdown menu below]
Public Safety, Core Services & Fiscal Excellence
Choose an item.
Choose an item.
Comprehensive Plan Element (s): [Please select the Plan element(s) and Goal # from dropdown menu below]
☐ Economic Development - Choose an item.
☒ Environment & Resource Protection - Choose an item.
☐ Land Use - Choose an item.
☐ Neighborhoods & Housing - Choose an item.
☐ Parks, Public Spaces & Facilities - Choose an item.
☐ Transportation - Choose an item.
☒ Core Services
☐ Not Applicable
Master Plan: [Please select the corresponding Master Plan from the dropdown menu below (if applicable)]
Choose an item.
Background Information:
In October 2021, the City entered into a professional services agreement with Freese and Nichols, Inc., for Utilities Emergency Preparedness Plan as part of an effort to comply with a state statute requiring water utilities to develop and implement emergency preparedness plans to keep services in operation during an extended power outage, such as an extreme weather event. Freese and Nichols, Inc., also supported the City in completing and certifying a Risk and Resiliency Assessment (RRA) and Emergency Response Plan (ERP) in compliance with American Water Infrastructure Act (AWIA), Section 2013.
As AWIA, Section 2013 requires public water systems to routinely update their RRA and ERP as well as recertify these items every five (5) years, the City now requires review and recertification of the City’s drinking water system’s RRA and ERP. Freese and Nichols, Inc., submitted a proposal in the amount of $78,300 to provide this service to the City through an amendment to the original contract, #222-003. Combined with the original contract amount and one change order on the contract, this additional of professional services now brings the total contract value to $143,739.21.
For medium public water systems such as the City, which serve between 50,000 and 99,999 people, the first recertification deadlines under AWIA are December 31, 2025, for the RRA, and June 30, 2026, for the ERP.
Local Government Code, Section 252.022(a)(4) allows a general exemption to competitive solicitation for procurements for professional services; therefore, no solicitation is required for these services.
Council Committee, Board/Commission Action:
Click or tap here to enter text.
Alternatives:
Click or tap here to enter text.
Recommendation:
Staff recommends authorization of the change in service to Freese and Nichols contract 222-003 in the amount of $78,300.