HomeMy WebLinkAboutCarollo Engineers, Inc Fourth Amendment to Agmnt 1-6-2023 LIUUu JIIy.II CIIVCIUFJC ILJ. 3%,DaOCCU- Ur-ODUD-MUM-+Q+4Ll1OD'U
FOURTH AMENDMENT TO AGREEMENT
THIS FOURTH tMENDMENT TO AGREEM NT (Fourth Amendment) made and
entered into as of this day of 7anuary Ai� amends the Agreement entered
into between the CITY OF FRESNO, a California municipal corporation (City), and
CAROLLO ENGINEERS, INC., a Delaware corporation (Consultant).
RECITALS
WHEREAS, the City's Wastewater Management Division operates the Fresno-
Clovis Regional Wastewater Reclamation Facility (RWRF) in accordance with Waste
Discharge Requirements (WDR) Order R5-2018-0080 adopted by the Central Valley
Regional Water Quality Control Board (Board) on December 13, 2018; and
WHEREAS, City and Consultant entered into an agreement on May 21, 2019,
(Agreement) to provide professional consulting services for the preparation of workplans
for the evaluation of the existing groundwater monitoring network and an arsenic and
manganese assessment at the RWRF (Workplans) as required by the WDR for a total fee
of $250,000;and
WHEREAS, the First Amendment, made and entered into on October 25, 2019,
expanded the scope of services to include an evaluation of domestic wells located in the
vicinity of the RWRF in preparation of the Workplans and as required by the Board, and
provided an increase in the amount of$49,287 for a total fee of$299,287; and
WHEREAS, the Second Amendment, made and entered into on April 16, 2020,
expanded the scope of services to include completion of the Arsenic and Manganese
Groundwater Compliance Assessment Report (As/Mn Report) as required by the WDR and
in accordance with the approved Workplans, provided an additional increase in the amount
of $690,044 for a total fee of $989,331, and provided an extension to the Agreement; and
WHEREAS, the Third Amendment, made and entered into on October 18, 2021,
expanded the scope of services to include support for the construction of groundwater
monitoring wells and review of groundwater data utilizing existing funds, and provided an
extension to the Agreement; and
WHEREAS, the Fourth Amendment will allow for continued support during
implementation of the Arsenic and Manganese Groundwater Compliance Assessment in
accordance with the Workplans, the As/Mn Report, and the Action Plan for Arsenic in
Domestic Wells previously submitted to the Board; as well as preparation of the resulting
technical report required by the WDR; and
WHEREAS, the City and the Consultant desire to increase the compensation by
$111,810 and expand the scope of services to include the required additional services; and
WHEREAS, with entry into this Fourth Amendment, the Consultant agrees it has no
claim, demand, or dispute against the City.
AGREEMENT
NOW, THEREFORE, the parties agree that the Agreement be amended as follows:
1. The recitals listed above are incorporated herein and made a part of this Fourth
Amendment.
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2. Exhibit A of the Agreement is amended to expand the scope of services as
indicated in Exhibit A3 attached hereto and incorporated herein by reference.
3. Section 3(a) of the Agreement is amended to read as follows:
"(a) CONSULTANT'S sole compensation for satisfactory performance of all
services required or rendered pursuant to this Agreement shall be a total fee of One Million,
One Hundred and One Thousand, One Hundred, and Forty-One dollars ($1,101,141). Such
fee includes all expenses incurred by Consultant in performance of the services."
4. Except as otherwise provided herein, the Agreement entered into by the City
and the Consultant, dated May 21, 2019, and amended on October 25, 2019, April 16,
2020, and October 18, 2021, remains in full force and effect.
[Signatures follow on the next page.]
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IN WITNESS WHEREOF, the Parties have executed this Fourth Amendment at
Fresno, California, the day and year first above written.
CITY OF FRESNO, CAROLLO ENGINEERS, INC.,
A C municipal corporation A D LQWporation
By:
LE'D
le'l 1/6/2023 BY 12/5/2022
7 F
Brock D. Buche, PE, PLS Paul Ami co
Director of Public Utilities Name:
Title: vice President
APPROVED AS TO FORM: (If corporation or LLC., Board Chair, Pres,
RINA M. �G. ONZC�A�LES or Vice Pres.)
meri ysiAiAE}� ..ney DocuSigned by:
Lg��del.., �AVST 12/5/2022 BY 22
By: a ,
Angela M. Karst Date Michael Barnes
Deputy City Attorney Name:
Title: secretary
ATTEST: (If corporation orLLC., CFO., Treasurer,
Secretary or Assistant Secretary)
TODD SYYT''ERMER, CMC
City BLS,gned by:
By: UMA At, qbw 1/6/2023
1FMMZE rA,
Deputy Date
Tina M. Your
Attachment: Exhibit A3
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EXHIBIT A3
FOURTH AMENDMENT TO SCOPE OF SERVICES
Consultant Service Agreement between the City of Fresno ("City")
and Carollo Engineers, Inc., ("Consultant")
WORKPLANS FOR THE GROUNDWATER MONITORING NETWORK AND ARSENIC& MANGANESE
GROUNDWATER ASSESSMENT
The Fourth Amendment expands the scope of work to include Task 14 to provide ongoing support during
the implementation phase of the Arsenic and Manganese (As/Mn) Compliance Assessment. The Fourth
Amendment allows for ongoing evaluation of monitoring data, analysis of compliance well data,
evaluation of potential impacts to downgradient wells, preparation of relevant portions of the annual
report for 2022, interactions with the Central Valley Regional Water Quality Control Board (Board), and
ongoing project management.
Task 14.As/Mn Compliance Implementation Support.
14.1. Ongoing Evaluation of Monitoring Data
The City continues to collect groundwater monitoring data from the monitoring well network as well as
the domestic and agricultural wells. This data must be evaluated periodically to determine potential
impacts and trends.This task includes periodic review of groundwater data provided by the City through
the 3rd quarter of 2023.
For this evaluation, the data will be quality-checked by reviewing the sample collection records, field
parameter data, and laboratory reports; any potential issues identified through this review process will
be resolved before the data is approved for use. Once approved, the data will be added to the Fresno-
Clovis Regional Wastewater Reclamation Facility (RWRF) Groundwater Data Information System. Once
uploaded into the database, this data will be included in subsequent evaluations to support
implementation of the As/MN Compliance Assessment.
14.2.Analysis of Point of Compliance(POC)Well Data
The Waste Discharge Requirements (WDR) mandate the use of statistical data analysis methods specified
in the U.S. Environmental Protection Agency's 2009 Statistical Analysis of Groundwater Monitoring Data
at RCRA Facilities, Unified Guidance (Unified Guidance) for evaluating compliance with the Groundwater
Limitations of the WDR. A detailed methodology for compliance evaluation was proposed in the As/Mn
Compliance Assessment Report. Carollo Engineers, Inc. (Carollo) and Luhdorff and Scalmanini Consulting
Engineers (LSCE) will implement this statistical analysis as compliance data become available. This task
also includes review of compliance well construction and completion, sampling methods, and other
factors to determine acceptance of the wells for use as points of compliance.
14.3. Impact Evaluation for Downgradient Wells
The results of the ongoing domestic well sampling program will be used to identify domestic wells that
may be impacted by RWRF operations.A thorough, in-depth evaluation will be completed for each of the
wells preliminarily identified by initial screening as being potentially impacted by RWRF operations to
determine if RWRF operations have resulted in the observed elevated concentrations of arsenic and/or
manganese. Other factors to be included in this evaluation may include location of the well in relation to
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the RWRF(e.g., upgradient,downgradient,cross-gradient),distance from the RWRF disposal ponds,other
land uses in the vicinity of the well, concentrations of other constituents in the samples, and other data
and information deemed relevant.A key aspect of this analysis is to determine whether RWRF operations
have, or could in the future, contribute to an exceedance of the maximum contaminant level for arsenic
or manganese at one of these locations.
14.4.Annual As/Mn Groundwater Compliance Assessment Progress Report for 2022
The WDR requires the annual submission of a technical progress report for the As/Mn Compliance
Assessment due on February 1 of each year. Carollo/LSCE will prepare the elements of the progress report
related to evaluation of monitoring data for arsenic and manganese including available domestic and
agricultural well data.
14.5. Respond to the Central Valley Regional Water Quality Control Board Comments
It is expected that the Board will issue formal comments on the As/Mn Compliance Assessment Report,
Action Plan for Arsenic in Domestic Wells, and Elevated Arsenic Levels in Domestic Wells Technical
Memorandum. Therefore, effort has been included to address and respond to any comments from the
Board. The Carollo/LSCE team will participate in meetings and discussions with the Board and prepare
written responses or submittals in response to comments or questions from the Board as directed by the
City.
14.6. Project Management
Carollo's project manager shall direct and coordinate the efforts of the project team members in order to
deliver all of the components of the project. Project management includes:facilitation of meetings,work
order administration, monthly progress reports, coordination with RWRF staff, and quality management.
The project manager will make staffing assignments, review work progress, coordinate quality
management procedures, manage subconsultants, and communicate monthly progress reports to the
City. The project manager shall manage the budget, schedule, and invoicing. The project manager will
prepare and maintain decision and action item logs that will record the decisions made by the City
throughout the project as well as action items assigned to the Carollo/LSCE team and City team members.
14.7. Meetings with the Central Valley Regional Water Quality Control Board (2)
Two meetings will be held with the Board. The first meeting will be scheduled to review the results of
sampling results for domestic wells and to review Board comments on the Action Plan for Arsenic in
Domestic Wells and the TM addressing Elevated Arsenic Levels in Domestic Wells.
A second meeting will be to review initial sampling data from the compliance wells with the Board once
those wells have been installed.
14.8.Team Meetings
Progress meetings will be conducted with City staff.The progress meetings will be held as needed based
on monitoring data, results for domestic wells, and Board feedback.
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