REPORT TO THE CITY COUNCIL
FROM: BROCK D. BUCHE, PE, PLS, Director
Department of Public Utilities
BY: AHMAD ALKHAYYAT, PE, MBA, Assistant Director
Department of Public Utilities - Solid Waste Management Division
LORENZO NADORA, Solid Waste Manager
Department of Public Utilities - Solid Waste Management Division
SUBJECT
Title
Approve the Third Amendment to the consultant services agreement with CDM Smith, Inc., to expand the scope of services, extend the agreement to June 30, 2025, and increase the contract amount by $644,753 for a total amount of $1,390,403 for Groundwater and Landfill Remediation Services at the City of Fresno Sanitary Landfill (Council District 3).
Body
RECOMMENDATION
Staff recommends City Council approve the Third Amendment to the consultant services agreement (Agreement) with CDM Smith, Inc. (CDM), to expand the scope of services, extend the agreement to June 30, 2025, and increase the compensation amount by $644,753 for a total not to exceed amount of $1,390,403 for the Groundwater and Landfill Remediation Services at the City of Fresno Sanitary Landfill (FSL); and authorize the Director of Public Utilities, or designee, to sign the Third Amendment on behalf of the City of Fresno (City).
EXECUTIVE SUMMARY
The Department of Public Utilities (DPU) has contracted with CDM to provide professional consulting services for Environmental Groundwater Remedial Action and Regrading Design for the FSL Superfund Site. To meet the requirements from the United States Environmental Protection Agency (EPA) for additional vapor intrusion investigation activities and for groundwater remediation services, it is necessary to expanded scope of services and budget. The Third Amendment increases the Agreement amount by $644,753, for an amended total amount of $1,390,403. The deadline to submit the 2023 annual fourth quarter performance monitoring program must be performed and submitted to the EPA no later than October 31, 2023.
BACKGROUND
On February 1, 2022, Council awarded a consultant service agreement to CDM based on a uniquely qualified finding determination dated January 27, 2022, based on the Consultant’s experience, knowledge of the FSL, and ongoing efforts toward groundwater monitoring, remedial action services and overall regrading and rehabilitation. The agreement allowed the Consultant to perform groundwater monitoring and remedial action services through December 31, 2022, and to finalize designs for the regrading and rehabilitation for the FSL. The cost for these efforts was $429,850.
On December 20, 2022, Council approved the First Amendment and extended the contract to December 31, 2023. The agreement included Phase 1 design of the FSL regarding and rehabilitation project. Consultant is the engineer-of-record, and their involvement is essential during the construction phase of this project, which was originally anticipated to occur during the summer months of 2023. The First Amendment allowed the Consultant to continue the monitoring program, system operations assistance, and ongoing reporting required for the FSL and the ongoing groundwater remediation through December 31, 2023. The Cost for these efforts is $230,600.
During the week of October 3, 2022, Consultant conducted the first round of Vapor Intrusion investigation activities with the EPA and their oversight consultant. The Regulatory agency commented that a one-time data set “may not” be sufficient and that seasonal variations should be considered thus requiring a second round of Vapor Intrusion sampling.
The Second Amendment allowed CDM to perform work activities for planning and implementation of the second round of the vapor intrusion (VI) investigation, which was conducted in March 2023. The cost for these efforts is $85,200 adjusting the contract amount to $745,650.
Following submittal of the report in July 2023, which documented the second round of the VI, the EPA has required an additional round of VI investigation to be performed. The Third Amendment scope of services includes planning and implementation of round 3 of VI investigation activities. This work will be performed during the next construction season (May 1-October 31, 2024) as approved by the EPA. Additionally, this scope of work includes quarterly groundwater sampling activities to be performed beginning in October 2023. Groundwater sampling field activities had previously been performed by City staff, who are no longer available to support this effort. The City has requested interim support to perform these field activities. Bid period and construction period services in support of the Landfill Regrading Design Number 1 are also included in this scope of work.
City Attorney has reviewed the Third Amendment and approved to form.
ENVIRONMENTAL FINDINGS
By the definition provided in the California Environmental Quality Act (CEQA) Guidelines Section 15378, this is not a “project” for the purposes of CEQA.
LOCAL PREFERENCE
Local Preference was not implemented because this is an amendment to an existing consultant services agreement.
FISCAL IMPACT
There is no impact to the General Fund. Funding for the expanded consultant services is included in the approved Fiscal Year 2024 budget from Solid Waste Operating fund for $489,461 and $155,292 will be encumbered in Solid Waste Operating fund in Fiscal Year 2025. The FSL is in Council District 3.
Attachments:
Attachment 1 - Third Amendment
Attachment 2 - Second Amendment
Attachment 3 - First Amendment
Attachment 4 - Consultant Service Agreement with CDM Smith Inc