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 Fourth Amendment to the Consultant Services Agreement with CDM Smith, Inc., to expand the scope of services and increase the contract amount by $526,490 for a total amount of $1,916,893 for Groundwater and Landfill Remediation Services at the City of Fresno Sanitary Landfill (Council District 3).
Body
RECOMMENDATION
Staff recommends City Council approve the Fourth Amendment to the Consultant Services Agreement with CDM Smith, Inc. (CDM), to expand the scope of services and increase the compensation amount by $526,490 for a total not to exceed amount of $1,916,893 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 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. CDM is currently performing work for the City under the Third Amendment to the Consultant Services Agreement (Amendment No. 3) that will expire on June 30, 2025. To supplement the current budget due to scope changes over the past eight months arising from the requirements from the U.S. Environmental Protection Agency (EPA) and unanticipated complications in the landfill operations, it is necessary to supplement the existing budget. The Fourth Amendment work includes: continued groundwater monitoring and reporting; groundwater remedial system operations support and reporting; additional surface emissions monitoring and reporting; improvement plan modifications and construction completion report; and continued project management. The expanded services will increase the total amount of the Consultant Service Agreement by $526,490 for an amended total amount of $1,916,893.
BACKGROUND
On January 27, 2022, City Council awarded a Consultant Service Agreement to CDM based on a uniquely qualified finding determination dated January 27, 2022, based on CDM’s experience, knowledge of the FSL, and ongoing efforts toward groundwater monitoring, remedial action services and overall regrading and rehabilitation. The agreement allowed CDM 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 15, 2022, the Council approved the First Amendment to the Consultant Services Agreement (Amendment No. 1) and extended the contract to December 31, 2023. The agreement included the Phase 1 design of the FSL regrading and rehabilitation project. CDM is the engineer-of-record, and their involvement is essential during the construction phase of this project, which should commence during the fall months of 2024. Amendment No. 1 allowed CDM to continue groundwater monitoring and remedial action services through December 31, 2023. The cost for these efforts was $230,600 adjusting the contract amount to $660,450.
On October 3, 2022, CDM conducted the first round of Vapor Intrusion investigation activities with the EPA. On March 30, 2023, Council approved the Second Amendment to the Consultant Services Agreement (Amendment No. 2) which allowed CDM to perform the needed second round of sampling as required by the EPA. The cost for these efforts was $85,200, adjusting the contract amount to $745,650.
On October 19, 2023, the Council approved Amendment No. 3. Amendment No. 3 included the ongoing activities being performed as part of Operable Unit Number 1 (OU-1) landfill control system operations and Operable Unit Number 2 (OU-2) groundwater remediation system operations, maintenance, and reporting. The cost for these efforts was $644,753, adjusting the contract amount to $1,390,403.
Tasks under the Fourth Amendment include continued groundwater monitoring and reporting; groundwater remedial system operations support and reporting; additional surface emissions monitoring and reporting; improvement plan modifications and construction completion report; and continued project management. These supplemental scope of work activities are a continuation of work performed under the existing agreement with the City as well as Amendment No. 1, Amendment No. 2, and Amendment No. 3. The cost for the Fourth Amendment efforts is $526,490 for an amended total amount of $1,916,893. The ultimate objective of the continued work is to achieve regulatory formal closure of the FSL Superfund under the oversight of the EPA.
The City Attorney has reviewed the 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 expenditure impact to the General Fund, funding for the consultant services at the Fresno Sanitary Landfill is included in the approved Fiscal Year 2025 Solid Waste Operations budget. The FSL is in Council District 3.
Attachments:
Fourth Amendment
Third Amendment
Second Amendment
First Amendment
Consultant Service Agreement with CDM Smith, Inc.