REPORT TO THE CITY COUNCIL
FROM: BROCK D. BUCHE, PE, PLS, Director
Department of Public Utilities
BY: PAUL AMICO, PE, Assistant Director
Department of Public Utilities - Administration
PETER A. MARACCINI, PE, PHD, Licensed Engineering Manager
Department of Public Utilities - Utilities Planning & Engineering
SUBJECT
Title
Approve the Third Amendment to Consultant Services Agreement with Carollo Engineers, Inc., to extend the term of the agreement to December 31, 2026, for the preparation of a Nitrate Initial Assessment (Council Districts 3 and 6).
Body
RECOMMENDATION
Staff recommends that City Council approve the Third Amendment to the Consultant Services Agreement (Agreement) with Carollo Engineers, Inc. (Carollo), for the preparation of a Nitrate Initial Assessment (NIA), to extend the term of the Agreement from December 31, 2024, to December 31, 2026 with no additional costs; 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 City entered into an Agreement with Carollo for the preparation of an NIA to evaluate the potential influence existing wastewater facilities may have on nitrate levels in the groundwater. The NIA and related documents were completed and submitted to the Central Valley Regional Water Quality Control Board (Board) for review and approval. The City received initial comments from the Board; however, the City continues to receive questions and comments and is still awaiting a final letter of determination from the Board illustrating compliance with the Nitrate Control Program. Additionally, the City and Board have yet to agree upon an implementation schedule for the City to meet the regulatory requirements of the Nitrate Control Program. As such, the Third Amendment to the Agreement is required to extend the term of the Agreement to December 31, 2026, providing more time for Carollo to aid the City in completing the necessary work. Additional funds will not be required.
BACKGROUND
The Board administers the Nitrate Control Program that allows for the control and permitting of nitrate levels in discharges across the Central Valley. The purpose of the Nitrate Control Program (Program) is to ensure the protection of drinking water supplies and to manage nitrate concentrations in groundwater.
As part of the Program, the City entered into an Agreement with Carollo on June 19, 2020, to prepare an NIA for the Fresno-Clovis Regional Wastewater Reclamation Facility (RWRF) and the North Fresno Wastewater Reclamation Facility (NFWRF), which would evaluate the potential influence of the RWRF and NFWRF discharges on nitrate levels in the groundwater. The First Amendment to the Agreement was executed on October 4, 2021, and expanded the scope of services to include the implementation of certain components of the NIA. Near the end of the original term of the Agreement, the City had still not received a response from the Board for the initial NIA submittal, therefore, the City executed a Second Amendment to the Agreement on June 15, 2023, to extend the term of the Agreement to December 31, 2024, which provided more time for the City to receive and respond to comments.
The City has received initial comments from the Board, however, the City continues to receive questions and comments and is still awaiting a final letter of determination from the Board illustrating compliance with the Nitrate Control Program. Additionally, the City and Board have yet to agree upon an implementation schedule for the City to meet the regulatory requirements of the Nitrate Control Program. As such, the Third Amendment to the Agreement is required to extend the term of the Agreement to December 31, 2026, providing more time for the Carollo to aid the City in completing the necessary work.
The City Attorney’s Office has reviewed the Third Amendment and approved it as to form.
ENVIRONMENTAL FINDINGS
By the definition of the California Environmental Quality Act (CEQA) Guidelines Section 15378, this Amendment to the existing Agreement is not a “project” for the purposes of 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 the original Agreement was included in the Fiscal Year 2020 Wastewater Management Division’s Enterprise Fund. No additional appropriations are necessary. The RWRF is located in Council District 3 and the NFWRF is located in Council District 6, however, the benefit of the services described is citywide.
Attachments:
Third Amendment to the Agreement
Second Amendment to the Agreement
First Amendment to the Agreement
Consultant Services Agreement
Vicinity Map