REPORT TO THE CITY COUNCIL
FROM: AARON A. AGUIRRE, Director
Parks, After School, Recreation and Community Services Department
BY: EDWARD CHINEVERE, Assistant Director
Parks, After School, Recreation and Community Services Department
SUBJECT
Title
Approve a First Amendment to the Consultant Services Agreement with Kleinfelder Inc. for Environmental Engineering Services in the amount of $20,200 to provide additional services for the Maxie L. Parks site located at 2165 South Elm Street, Fresno CA 93706, for a total amount not to exceed $60,770. (Council District 3)
Body
RECOMMENDATION
Staff recommends that the City Council approve a First Amendment to the Consultant Service Agreement with Kleinfelder in the amount of $20,200, to provide additional investigative environmental engineering services at the Maxie L. Parks site located at 2165 South Elm Street, Fresno, CA 93706, to further define and delineate soil impacts at the site in accordance with the Central Valley Regional Water Quality Control Board’s (RWQCB) requirements.
EXECUTIVE SUMMARY
On May 1, 2019, the RWQCB requested a Work Plan from the City of Fresno to investigate the groundwater and soil at the Maxie L. Parks site due to elevated detections of the contaminant perchloroethylene (PCE) at a nearby location. In response to the City’s investigations and reports, the RWQCB determined that the City’s site does not appear to be a source of PCE. The RWQCB subsequently requested additional investigation to understand better the relationship, if any, between off-site detections of other constituents of concern (COCs) and the City’s property. The request for additional assessment resulted in the need for the City to enter into a new consultant services agreement with Kleinfelder Inc for additional testing and report preparation.
BACKGROUND
On May 1, 2019, the RWQCB requested a Work Plan from the City of Fresno to investigate the groundwater and soil at the Maxie L. Parks site due to elevated detections of the contaminant perchloroethylene (PCE) at a nearby location. Krazan and Associates was hired to prepare the Work Plan for the site assessment per the specifications requested by the RWQCB. On September 23, 2019, the RWQCB approved the site assessment Work Plan, and on January 6, 2020, the City entered into a Consultant Agreement with Kleinfelder Inc. to implement the site assessment. On March 3, 2020, the City submitted a second Work Plan to the RWQCB to further investigate indoor and outdoor ambient air to affirm that the Community Center was safe to occupy. Findings from both Work Plans were submitted to the RWQCB in May 2020. In July 2020, the RWQCB requested additional investigations to conduct a historical records search; further evaluation of the spatial distribution of COCs in sub-slab vapor; and further evaluation of the nature and extent of COCs in groundwater, soil and soil vapor. A third Work Plan was submitted which the RWQCB approved October 12, 2020. On March 23, 2021, the City submitted the results of the Additional Investigation and Potential Vapor Intrusion Evaluation Report to the RWQCB. In a letter dated May 14, 2021, the RWQCB indicated that there does not appear to be excess human health risk associated with the use of the Community Center, and that the site does not appear to be a source of PCE, or other chlorinated solvents detected off site. The RWQCB also indicated potential risks if soil were excavated on site. As such, the RWQCB requested a Supplemental Investigation and Feasibility Study Work Plan to determine the potential impacts of soil vapor extraction systems being used by a nearby site to mitigate soil vapor; and to prepare an Environmental Remediation Feasibility Study (Feasibility Study) to determine a preferred remedial alternative for the site following completion of the supplemental investigation. The fourth Work Plan was prepared by the City and approved by the RWQCB in a letter dated August 27, 2021. The Supplemental Investigation and Potential Vapor Intrusion Evaluation was completed and submitted to the RWQCB in a report dated March 7, 2022. By December 2022, Kleinfelder Inc. also prepared a draft of the Feasibility Study to identify options for remediation.
On June 29, 2023, the City received a letter from the RWQCB in response to the March 7, 2022 Evaluation Report requesting additional investigation to provide further assessment of impacted soil east of the Community Center. The letter also included a request to submit a copy of the Feasibility Study which included options for remediation. During a follow up teleconference on August 25, 2023, the RWQCB communicated that the Feasibility Study should include results of the additional testing requested on June 29, 2023. On August 30, 2023, Kleinfelder provided a cost proposal to complete the additional investigation utilizing nine existing vapor monitoring points placed at the site during prior investigations. The proposal resulted in a consultant services agreement which was executed on October 20, 2023.
On November 9, 2023, on-site vapor monitoring was completed. On November 10, 2023, Kleinfelder contacted the City to communicate that while two of the nine vapor monitoring points were sampled, seven other vapor monitoring points were unable to be sampled as they were no longer available and/or viable. Based on this information, the City met with the RWQCB to discuss the most appropriate means to collect the information requested. The additional scope of work necessitates an amendment to the October 20, 2023 agreement with Kleinfelder to enable installation of permanent vapor monitoring points. The amendment also includes additional soil sampling. The amendment increases the agreement amount by $20,200 to a total amount not to exceed $60,770.
Kleinfelder Inc. was determined to be uniquely qualified to conduct the additional testing and analysis of environmental conditions requested by the RWQCB. Kleinfelder Inc. is uniquely qualified due to its experience with initial assessment and testing at the project site.
ENVIRONMENTAL FINDINGS
By the definition provided in the California Environmental Quality Act (CEQA) Guidelines Section 15378, the award of a consultant services agreement is not a “project” as defined by CEQA. Therefore, subsequent amendments to the consultant services agreement are also not subject to CEQA.
LOCAL PREFERENCE
Local preference does not apply to this action because this is an amendment to an existing consultant services agreement.
FISCAL IMPACT
There is no impact to the General Fund. Funding for these services will utilize project savings from a previously-completed project.
Attachment:
First Amendment to Consultant Services Agreement
Consultant Services Agreement