REPORT TO THE CITY COUNCIL
FROM: AHMAD ALKHAYYAT, PE, MBA, Assistant Director - Solid Waste
Department of Public Utilities - Solid Waste Management Division
BY: ROSA LAU-STAGGS, Wastewater Manager
Department of Public Utilities - Wastewater Management Division
SUBJECT
Title
Actions pertaining to groundwater monitoring and reporting for the Fresno Sanitary Landfill (FSL) (Citywide) (Council District 3):
1. Affirm City Manager’s determination that Camp, Dresser and McKee (CDM) Smith, Inc. Consulting Engineers (Consultant) is uniquely qualified to provide professional groundwater remediation services for the FSL
2. Adopt a finding of Categorical Exemption pursuant to Sections 15308/Class 6 and 15309/Class 9 of the California Environmental Quality Act (CEQA) Guidelines
3. Award a Professional Engineering Services Agreement to Consultant in the amount of $429,850 for monitoring and reporting requirements for groundwater remedial actions and the design for the regrading and rehabilitation of the FSL (City) (Council District 3)
Body
RECOMMENDATIONS
Staff recommends that Council:
1. Affirm City Manager’s determination that Camp, Dresser and McKee (CDM) Smith, Inc. Consulting Engineers (Consultant) is uniquely qualified to provide professional groundwater remediation services for the FSL
2. Adopt a finding of Categorical Exemption pursuant to Sections 15308/Class 6 and 15309/Class 9 of the California Environmental Quality Act (CEQA) Guidelines
3. Award a Professional Engineering Services Agreement (Agreement) with Consultant in the amount of $429,850 for monitoring and reporting requirements for groundwater remedial actions and the design for the regrading and rehabilitation of the FSL
4. Authorize the Director of Public Utilities, or designee, to execute the agreement on behalf of the City
EXECUTIVE SUMMARY
The Department of Public Utilities is seeking to award a consultant service agreement to Camp Dresser and McKee (CDM) Smith, Inc., Consulting Engineers (Consultant) for groundwater monitoring, reporting and regrading design of the Fresno Sanitary Landfill in the amount of $429,850. Consultant’s last extension of their existing agreement expired December 31, 2021. The scope of work continues groundwater monitoring and remedial action services until December 31, 2022 and completes the design for the regrading and rehabilitation of the FSL with additional oversight services.
The Department has determined the Consultant to be uniquely qualified based on their experience in the necessary services as well as their prior knowledge of the FSL, which is on the National Priorities List (Superfund) and under US Environmental Protection Agency (US EPA) oversight. Entering into an agreement with the Consultant would be beneficial to finalize services already started that are required to meet compliance with US EPA and will assist in moving the FSL closer to delisting from the National Priorities List.
BACKGROUND
Since 1998 the City has undertaken ongoing cleanup of the FSL as required by its agreement with the US EPA, with the goal of the FSL being removed from the National Priorities List. The cleanup entails operation and maintenance activities at the groundwater extraction and treatment facility, groundwater monitoring and reporting to US EPA, and allocating adequate funds to finance groundwater remedial actions and maintenance of the FSL during the delisting process.
The end goal for this project is removal of the FSL from the National Priorities List. The City is currently evaluating the final phase (Phase 3) which added additional monitoring and extraction wells to demonstrate enough pollutant removal for delisting of the FSL.
On June 26, 2000, the City began constructing a Landfill Cap and installing extraction and monitoring wells. The construction included a groundwater treatment facility and a landfill gas flare. Since that time, the City has monitored the groundwater plume using the monitoring wells in the area and wells installed on-site.
On September 29, 2011, Council approved an agreement with CDM for monitoring and testing the FSL for groundwater contaminants, specifically, volatile organic compounds; and performance monitoring and reporting to US EPA of the remediation system treating those contaminants. The agreement with its various extensions ended December 31, 2015.
On March 11, 2016, Council approved a four-year agreement with CDM in the amount of $781,120 with three one-year extension options for monitoring and evaluation of the progress to remove the FSL from the National Priority List. Two of the three one-year extension options were exercised with the Agreement expiring on December 31, 2021.
At the time of expiration of the Agreement design documents for the regrading and rehabilitation of the FSL were at 90% and in process of US EPA and City review. A uniquely qualified finding has been made based on the Consultant’s experience, knowledge of the FSL, and ongoing efforts toward groundwater monitoring, remedial action services and overall regrading and rehabilitation. This will allow Consultant to continue groundwater monitoring and remedial action services until December 31, 2022 and to finalize designs for the regrading and rehabilitation for the FSL. The cost for these efforts is $429,850.
A standardized consultant services agreement has been used in accordance with Administrative Order 4-4.
ENVIRONMENTAL FINDINGS
Staff has determined that a Categorical Exemption is appropriate, based on Class 6 Section 15306 of the CEQA Guidelines. This section exempts basic data collection, research, experimental management, and resource evaluation activities which do not result in major disturbance to an environmental resource. This project involves compliance with requirements set forth by the USEPA for protection of the environment. The City entered into a Consent Decree following a complaint filed against the City by the USEPA under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) regarding the release of hazardous substances that impacted natural resources at or around the FSL. Under the proposed Agreement, CDM Smith will continue to provide monitoring and evaluation of the progress to remove the FSL from the National Priority List. Among other things, CDM will coordinate with City staff in the ongoing implementation of the annual performance monitoring system including preparing the annual performance monitoring program reports, as well as assistance in remedial action systems operations through such activities as preparing the annual extraction well performance evaluation technical memorandum documenting the performance evaluation of each of the groundwater extraction wells, and evaluations of new wells. CDM will also prepare reports to transmit to the EPA and prepare responses to EPA and State regulatory agency review comments on a range of submittals provided by the City in 2021. While CDM will provide some design work and construction support, no construction work will be performed by CDM.
Further, Staff has also determined that a Categorical Exemption is appropriate, based on Class 9 Section 15309 of the CEQA Guidelines. This section exempts actions activities limited entirely to inspections, to check for performance of an operation, or quality, health, or safety of a project. This project involves inspecting groundwater wells and reporting on the findings to ensure compliance with the consent decree. CDM Smith will be undergoing work on behalf of the City as part of ongoing operations at the FSL. Ongoing activities are being performed as part of Operable Unit No. 1 (OU-1 - landfill control system operations and maintenance) and OU-2 (groundwater remediation system operations and maintenance). The ultimate objective of the continued work is to achieve formal closure of FSL Superfund Site under the oversight of the USEPA.
Furthermore, staff has determined that none of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines, Section 15300.2 apply to this project. Staff recommends that the Council, based upon its own independent judgment, adopt a finding of Categorical Exemption per staff determination, pursuant to Section 15301(c), Class 1 of the CEQA guidelines.
LOCAL PREFERENCE
Local preference was not implemented, as it was determined by the City Manager that CDM Smith is uniquely qualified.
FISCAL IMPACT
The cost of this Agreement with CDM Smith, Inc. for Groundwater Monitoring Services will be funded equally by the Landfill Enterprise Fund and the General Fund. The total cost of $429,850 will be covered in the FY 2022 budget and split between the Landfill Operation and Maintenance (O&M) budget ($258,090) and Landfill Capital Fund ($171,760).
Attachments:
Attachment 1 - Consultant Service Agreement with CDM Smith, Inc.
Attachment 2 - Uniquely Qualified Memorandum
Attachment 3 - 2016 Agreement with CDM Smith, Inc. for Groundwater Monitoring Services