REPORT TO THE CITY COUNCIL
FROM: NICHOLAS D. MASCIA, PE, Assistant City Manager
City Manager Office
PAUL AMICO, PE, Interim Director
Department of Public Utilities
BY: CASSIE L. SCHOLZ, PE, Licensed Engineer Manager
Department of Public Utilities, Utilities Planning and Engineering
SUBJECT
Title
Approve the Fifth Amendment to the Consultant Services Agreement with CDM Smith, Inc., of Concord, California, in the amount of $383,798.00, to increase the total contract amount to $2,300,691.00, and extend the term of the Agreement to January 31, 2026 for the Groundwater and Landfill Remediation Services at the City of Fresno Sanitary Landfill. (Council District 3)
Body
RECOMMENDATION
Staff recommends City Council approve the Fifth Amendment to the Consultant Services Agreement (Fifth Amendment) with CDM Smith, Inc. (CDM) of Concord, California, to continue the scope of services and increase the total contract amount by $383,798.00, for a revised total contract amount of $2,300,691.00, and extend the term to January 31, 2026 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 Fifth Amendment on behalf of the City of Fresno (City).
EXECUTIVE SUMMARY
On February 1, 2022, the City approved a Consultant Services Agreement (Agreement) with CDM to provide engineering and design services for environmental groundwater remediation, regrading design, and general site rehabilitation at the FSL. CDM is currently providing professional services under the Fourth Amendment to the Consultant Services Agreement that expired on June 30, 2025. The Fifth Amendment is necessary to extend the term of the agreement to January 31, 2026 and include monitoring, reporting, and testing for the groundwater remediation and landfill control systems to meet United States Environmental Protection Agency (USEPA) requirements. The services will increase the contract in the amount of $383,798, for a revised total contract value of $2,300,691.
BACKGROUND
Landfill History
The City operated the Fresno Sanitary Landfill (FSL) from 1935 to 1987. The FSL is regulated under the federal Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA). In compliance with CERCLA Section 103(c) requirements, the City notified EPA of the existence of the FSL in May 1981. A preliminary assessment conducted by the California Department of Health Services (now the California Department of Toxic Substances Control) in June 1984 found evidence of offsite migration of methane and volatile organic compounds (VOC) contamination of groundwater.
The City began addressing methane gas migration in 1988 through the construction of a landfill gas (LFG) extraction and energy recovery system (the LFG System). The FSL was placed on the USEPA’s National Priorities List in 1989. Concurrent with the landfill gas work, the City began investigating the VOC contamination of groundwater. The City requested that the groundwater investigation be conducted separately and in parallel to the landfill gas investigation to reach a decision on groundwater remediation more quickly than on landfill gas source control. USEPA approved dividing the efforts and classified the investigation and remediation into two operable units. Operable Unit 1 (OU-1) addresses the landfill trash prism, which is the source of emissions, and Operable Unit 2 (OU-2) addresses the groundwater impacted by the landfill contaminants.
The feasibility study for OU-1 was completed in September 1992. The USEPA issued a Record of Decision (ROD) in 1993 that included a landfill cover to prevent stormwater intrusion into the trash prism, a landfill gas extraction and destruction system, and a stormwater runoff collection system.
The OU-2 remedial investigation and feasibility study efforts were subsequently conducted concurrently with the OU-1 investigation and remediation efforts. The OU-2 Remedial Investigation was completed in May 1994, the Risk Assessment was completed in September 1994, and the Feasibility Study was completed in July 1996. The USEPA ROD for OU-2 was issued in September 1996, and it directed restoration of the groundwater aquifer. The major components of the selected remedy are groundwater monitoring, construction of a phased groundwater extraction system, and an onsite treatment system for the extracted groundwater.
A five-year review, pursuant to Section 121(c) of CERCLA, 42 U.S.C. §9621 (c), is required to be conducted at least once every five years after the initiation of the remedial action to ensure the remedy provides adequate protection of human health and the environment.
CDM Smith, Inc.
City Council approved the Agreement with CDM on February 1, 2022 in the amount of $429,850, based on a uniquely qualified determination dated January 27, 2022. CDM was determined to be uniquely qualified due to their extensive knowledge of the FSL, overall firm and staff experience, and their specific experience with groundwater monitoring, remedial action services, and overall regrading and rehabilitation at the FSL. The Agreement term was through December 31, 2022, and the scope of work included:
1. Providing groundwater monitoring and remedial action services.
2. Preparing construction documents for the east slope regrading and rehabilitation of the landfill gas collection system.
3. Providing support services for groundwater treatment plant operations.
4. Developing a surface emissions testing program.
5. Preparing quarterly and annual reports, system performance technical memorandums, work plans, and monitoring plans.
6. Performing groundwater modeling and evaluation of proposed new water supply wells (agricultural and residential) in the vicinity of the FSL.
7. Performing soil vapor sampling and surface emissions monitoring activities.
8. Providing project management assistance services related to other key landfill issues.
City Council has approved four amendments since the original Agreement was executed:
1. On December 20, 2022, the First Amendment to the Agreement was approved to extend the contract term to December 31, 2023 and increase compensation by $230,600, for a total contract amount of $660,450. The scope of work included additional compensation for continuing the services included in the original Agreement, and the soil vapor sampling and monitoring task was expanded to include additional locations in and around the FSL.
2. On March 31, 2023, the Second Amendment to the Agreement was approved to increase compensation by $85,200, for a total contract amount of $745,650. The scope of work included additional compensation for expanding emissions sampling and monitoring at additional locations around the FSL.
3. On October 27, 2023, the Third Amendment to the Agreement was approved to extend the contract term to June 30, 2025 and increase compensation by $644,753, for a total contract amount of $1,390,403. The scope of work included additional compensation for continuing services included in the original Agreement and amendments, and for sampling and monitoring additional locations around the FSL. The scope of work also added bid phase services and engineering services during construction for the East Slope Regrading Project.
4. On November 6, 2024, the Fourth Amendment to the Agreement was approved to increase compensation by $526,490, for a total contract amount of $1,916,893. The scope of work included additional compensation for continuing services included in the original Agreement and amendments, field investigation reporting, preparing the annual Groundwater Technical Memorandum, and providing additional project management support for the East Slope Regrading Project during construction.
The Fifth Amendment to the Agreement is needed to extend the contract term to January 31, 2026 to continue services included in the original Agreement and amendments to address additional USEPA requirements for sampling, monitoring, and reporting, and provide support activities for USEPA’s five-year review.
The City Attorney’s Office has reviewed and approved this Fifth Amendment to the Consultant Services Agreement as to form.
ENVIRONMENTAL FINDINGS
An Environmental Assessment was adopted for the original contract on January 27, 2022, by the City Council via a Categorical Exemption pursuant to Sections 15306/Class 6 (Information Collection) and 15309/Class 9 (Inspections) of the California Environmental Quality Act (CEQA) Guidelines. The proposed amendment to the Consultant Services Agreement is not expected to have a significant effect on the environment.
LOCAL PREFERENCE
Local preference does not apply to this action because this is an amendment to an existing Consultant Services Agreement.
FISCAL IMPACT
The Project is located in Council District 3. The FSL is funded by both the Solid Waste Enterprise Fund and the General Fund. The total funding for the Contract is included in the Fiscal Year 2026 Solid Waste Enterprise Fund. Fifty percent of the actual cost of work performed is reimbursed through an annual revenue transfer from the General Fund. The use of the General Fund is because when the FSL was in operation, both residential and commercial customers utilized it. Since that time, the commercial services have been franchised and current revenues received are located within the General Fund.
Attachments:
Fifth Amendment to Agreement
Fourth Amendment to Agreement
Third Amendment to Agreement
Second Amendment to Agreement
First Amendment to Agreement
Consultant Services Agreement
Vicinity Map