HomeMy WebLinkAboutCDM Smith, Inc. - 1st Amdnt. Agrmnt. - 12-20-2022LIUUU01 I I CI IVCIUptC IU. I JIJrDM I I-:JI+r L-4U/ J-umi 1-I.,rOLO'40DMrLr
FIRST AMENDMENT TO AGREEMENT
THIS FIR§TthAMENDM p&TO AGREEMENT (Amendment) made and entered
into as of this day of er . 2022, amends the Consultant Services
Agreement entered into between the CITY OF FRESNO, a California municipal
corporation (hereinafter referred to as CITY), and CDM Smith, Inc., a Massachusetts
Corporation (hereinafter referred to as CONSULTANT).
RECITALS
WHEREAS, the CITY and the CONSULTANT entered into a Consultant Services
Agreement on February 1, 2022 (Agreement) to provide professional consulting services
for Environmental Groundwater Remedial Action and Regrading Design for the Fresno
Sanitary Landfill Superfund Site for a total fee of $429,850; and
WHEREAS, the CITY and the CONSULTANT now desire to expand the scope of
services and extend the agreement to December 31, 2023, to expand requirements from
the US Environmental Protection Agency; and
WHEREAS, due to the need for additional services, the parties desire to increase
the total compensation by an additional $230,600 to complete the expanded Scope of
Services; and
WHEREAS, with entry into this Amendment, CONSULTANT agrees that it has no
claim, demands, or disputes against the CITY.
AGREEMENT
NOW, THEREFORE, the CITY and the CONSULTANT agree that the aforesaid
Agreement be amended as follows:
1. Exhibit A of the Agreement is amended to expand the scope of services and
extend the Agreement to December 31, 2023, as indicated in Exhibit A2, attached hereto
and incorporated herein by reference.
2. Section 3(a) of the Agreement is amended in its entirety 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 Six
Hundred Sixty Thousand Four -Hundred Fifty Dollars ($660,450.00). Such fee includes all
expenses incurred by CONSULTANT in performance of the services."
3. Except as otherwise provided herein, the Agreement entered into by the
CITY and the CONSULTANT on February 01, 2022, remains in full force and effect.
[SIGNATURES FOLLOW ON THE NEXT PAGE.]
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IN WITNESS WHEREOF, the CITY and the CONSULTANT have executed this
First Amendment at Fresno, California, the day and year first above written.
CITY OF FRESNO,
a California municipal corporation
Docu$lgned by:
By:� 12/20/2022
Br '6 D. Buche, PE PLS
Director of Public Utilities
APPROVED AS TO FORM:
RINA M. GONZALES
Interim DCineP��orney
By:rk3rt9�t.�a �, { 12/5/2022
jGg@GarofawlRarst Date
Deputy City Attorney
ATTEST:
TODD STERMER, CMC
City Clerk
oocuSignad by:
Ll��
At. G�DUY 12/20/2022
By:
Deputy Date
Tina M. Your
CDM Smith, Inc.,
a Massachusetts corporation
— DocuSignedLby:
C�AAA fitf ItiS 12/4/20
By: 22
Name: Hal Titus
Title: senior vice President
(If corporation or LLC., Board Chair,
.dar.0 se Pres.)
By. LS=h'
AUUV-X 12/5/2022
Name: servando Molina
Title: vice President
(If corporation or LLC., CFO, Treasurer,
Secretary or Assistant Secretary)
Attachment: Exhibit A2 — Additional Professional Services
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EXHIBIT A2
ADDITIONAL PROFESSIONAL SERVICES
Supplemental Scope of Work and Budget for Year 2022 (supplemental) and Budget for Year
2023 - Revised Fresno Sanitary Landfill
Introduction
Provided below are descriptions of work tasks to be performed by CDM Smith Inc. (Consultant)
on behalf of the City of Fresno (City) as part of ongoing operations at the Fresno Sanitary Landfill
Superfund Site ("FSL" or "Site"). 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 the FSL Superfund Site under the oversight of the U.S.
Environmental Protection Agency (EPA).
This scope of work presented below describes work to be performed during the fourth quarter of
2022 and extends through the end of 2023. The existing agreement between the City and
Consultant reflects work activities to be performed during ,2022. One of these work activities
consisted of planning and implementation of a vapor intrusion investigation to be performed in
the vicinity of the FSL. During development of the work plan for this field investigation, EPA
required an expansion of the scope for the field investigation with the addition of several work
elements. The scope of work presented below reflects the expanded investigation requirements.
Additionally, this scope of work includes work activities to be performed during Year 2023. These
scope of work activities are a continuation of work performed under the previous contract with
the City during the four-year period 2016 through 2019 and during the Year 1 Extension (2020)
and the Year 2 Extension (2021). Work described below is defined in terms of the five project
tasks listed below:
Task 1 — Performance Monitoring Program
Task 2 — Remedial Action Systems Operations Assistance
Task 3 — This task will not be used during 2023.
Task 4 — Field Investigation Activities (OU-1)
Task 5 — Project Management/Project Meetings
Task 6 — Landfill Regrading Program — Pre -Construction Period Services
Table A-1 consists of a summary of the estimated costs for this scope of work. The total cost for
this work is $230,600 for the fourteen -month period of performance (November 2022 through
December 2023).
Task 1 — Performance Monitoring Program
Objectives
Provide oversight during implementation of the annual performance monitoring
program as part of the Groundwater Remedial Action at the FSL.
■ Monitor and evaluate progress of groundwater remediation.
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• Document the performance monitoring activities and laboratory analytical results in an
annual report and an interim data transmittal to the EPA.
• Prepare responses to review comments from EPA (and other State regulatory
agencies).
Activities
• Groundwater Monitoring Program — The Groundwater Monitoring Program at the
FSL has been ongoing for several years. City personnel performs the quarterly
field sampling activities, including making arrangements with the analytical
laboratory (e.g., analyses to be performed, sampling containers, delivery of
sampling containers to the Site) and sample collection from the groundwater
monitoring wells, groundwater extraction wells, and the groundwater treatment
plant (GTP) influent and effluent sampling ports. Consultant will coordinate with
the City in the ongoing implementation of this program. The activities described
below are to be performed during the year 2023.
Quarterly sampling events are scheduled to be performed during January, April,
July, and October. As part of this task, Consultant will be responsible for the
following activities:
— Coordinate with City field personnel during field sampling events to be
performed in January, April, July, and October. This includes making City staff
aware of modifications to the performance monitoring program activities.
Recommended modifications to the sampling program (e.g.,
increasing/decreasing frequency of sampling for individual monitoring wells) are to
be proposed as part of the annual performance monitoring report.
— Identify and work to resolve issues that come up regarding laboratory analytical
results (e.g., apparent mislabeling between two sample locations, investigate what
appears to be anomalous analytical data, etc.).
— Prepare the two deliverables associated with the Groundwater Monitoring
Program, including the Interim Data Transmittal and the Annual Performance
Monitoring Program Report. These deliverables are described below.
• Environmental Database — Maintain the environmental database, including upload
of analytical data upon receipt from the analytical laboratory following each
quarterly sampling round. Database management will include performing data
queries and preparing data summary tables that will be included in the interim data
transmittal (electronic transmittal) and the annual performance monitoring program
report (hard copy submittal and/or electronic transmittal).
• Responses to Regulatory Agency Review Comments (RTCs) — EPA and the State
regulatory agencies typically submit review comments on a range of project
submittals. This task will involve preparing RTCs for technical deliverables
scheduled for submittal to EPA including the OU-1 Annual Report, OU-2 Interim
Data Transmittal, and OU-2 Annual Performance Monitoring Program Report.
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Assumptions
• Analysis of organic constituents is currently being performed by BSK Associates
Engineers & Laboratories (BSK) in Fresno, CA under direct bill contract with the
City. The analytical laboratory may be changed at the discretion of the City.
• Analysis of inorganic constituents is currently being performed by the City of
Fresno Wastewater Management Division Analytical Laboratory (WMD) in Fresno,
CA, under direct bill arrangements with the City.
Deliverables
1. Interim Data Transmittal — The Interim Data Transmittal will consist of data
summary tables and figures for the July and October groundwater monitoring
events. The Interim Data Transmittal will be submitted directly to EPA via e-mail in
January 2022.
2. Annual Performance Monitoring Program Report (Annual Report) — The Annual
Report will cover the July and October 2022 and the January and April 2023
groundwater monitoring events. A draft document will be submitted to City staff for
review. Consultant will incorporate revisions from City staff and prepare final report
for submittal to the EPA. The Annual Report, to be submitted to EPA in July 2023,
will include the following elements:
— Compilation of quarterly monitoring data (field and analytical laboratory data)
and GTP operational data.
— Preparation of data summary tables and graphics. Data summary tables will
include groundwater extraction well operational data, groundwater treatment unit
performance monitoring data, volatile organic compound (VOC) mass removal,
groundwater level measurements, head differential measurements (well clusters),
VOC analytical data, inorganic constituent data, and quality control data. Graphics
will include groundwater elevation contours for two of the quarterly monitoring
events and VOC concentration trend plots.
— Based on the Long Term Monitoring Optimization Plan (Plan) (CDM Smith,
2007), Consultant will perform an evaluation of the groundwater monitoring wells
included in the monitoring program and will make recommendations in accordance
with the criteria defined in the Plan. This evaluation will be completed following the
April performance groundwater monitoring event. The results of this evaluation will
be documented in the Annual Report.
Task 2 — Remedial Action Systems Operations Assistance
Objectives
• Support the high -quality performance of the landfill environmental control systems,
including the landfill cover, landfill gas (LFG) control, and stormwater management
systems.
• Assist City staff in the ongoing operations, monitoring, and maintenance of the
groundwater remediation system and the landfill control systems at the FSL.
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Activities
Under this task, Consultant will assist the City in ongoing operations and maintenance of the
groundwater treatment system and the landfill control systems. This task will consist of on -site
and office activities necessary to maintain effective operation of the groundwater collection and
treatment system, the LFG control system, and the function of the final landfill cover/stormwater
management systems. This task includes the following activities:
• Operable Unit 1 Annual Report (Annual Activity) — Consultant will prepare a report,
which is intended to document operations and maintenance activities associated
with the landfill (LFG) control elements, including the landfill cover, stormwater
management, and LFG control systems. The OU-1 Annual Report, to be submitted
to EPA in February, will address operations during the prior year. The OU-1 Annual
Report will consist of the following elements:
— Summary of LFG flare operating data. This summary would include a listing of
the LFG flare downtimes, including downtimes resulting in operation of the GTP in
LFG flare bypass mode.
Compilation of perimeter LFG monitoring probe data.
— Assessment of the condition of the landfill cover system and the stormwater
management system. The assessment would rely on information generated during
inspections of the landfill cover and stormwater management system performed
by Consultant and/or City staff. Of particular importance is the inspection
scheduled early fall, prior to onset of rainy weather.
— Overview of maintenance activities performed on the landfill control systems and
description of repairs or equipment replacements.
Surface Emissions Monitoring (SEM) — Consultant is currently preparing the SEM
Work Plan (to be submitted in October 2022) for the City's use in implementation
of the SEM program at the FSL. City staff will be responsible for performing the
SEM on a quarterly basis. Federal guidelines allow a reduction in frequency to
annual monitoring if methane is not detected above 500 ppm for three consecutive
quarters. Consultant will be available to provide input to City staff in terms of
refinements to the SEM program at the FSL and to prepare a brief technical
memorandum following each monitoring period. The objectives of the technical
memorandum are to document the SEM program activities and to present the
monitoring data. The technical memorandum will be submitted to EPA.
Landfill Inspection and Maintenance Assistance — Activities to be performed under
this subtask will be focused on assisting the City in planning and performing landfill
inspection and maintenance activities.
— Annual Landfill Inspection (Annual Activity) — The annual landfill inspection will
be performed during the Fall of 2023. At the request of the City, additional
inspections may be performed following heavy precipitation events that could
impact landfill control systems function. A description of landfill inspection
activities/procedures is provided below:
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Assumptions
• Focus of the inspections will be on the landfill control system elements,
including landfill cover system, surface water management system, and
LFG control system.
• Highlight the need for performing routine maintenance activities related to
the landfill control systems.
• Highlight the need for performing corrective action activities to address
damage, inoperable conditions, or failure of the landfill control systems. The
descriptions will be specific to each of the landfill control system elements.
• Prepare report to document inspection and to describe maintenance, repair,
and corrective actions.
• Identify landfill regrading needs identified as part of the landfill inspections.
— Wet Weather Inspections — Inspections will be performed during wet weather
months (considered to be October through March). City staff will be responsible
for performing these inspections, including completing the inspection form for
submittal to Consultant who will review and submit to EPA.
— Quarterly Inspections — Given overlap with the other scheduled landfill
inspections (Annual and wet weather Inspections, only one quarterly inspection
during the year (June). City staff will be responsible for performing this inspection,
including completing the inspection form for submittal to Consultant who will review
and submit to EPA.
Annual Evaluation of Extraction Well Performance (Annual Activity) — Consultant
will perform an evaluation of the performance of each extraction well on an annual
basis. Performance factors to be considered during the performance evaluation
will include specific capacity (pumping rate per foot of drawdown) and changes in
pumping rate and drawdown over time, with comparison to historical data.
New Well Evaluations (Periodic Activity) — Consultant will perform groundwater
modeling evaluations of proposed new water supply wells (agricultural and
residential) in the vicinity of the FSL. The purpose of the new well evaluations is to
assess the potential for impact to the existing groundwater remediation system at
the FSL from operation of proposed new wells. Under the current arrangement,
the County of Fresno, Department of Public Health, Environmental Health Division
(Fresno County) notifies the City when a permit application for a new or
replacement water supply well is submitted in a location within the well assessment
zone. Based on groundwater modeling results, Consultant will either recommend
that the well not be installed or recommend design modifications for the proposed
well (e.g., depth of well, depth of annular seal, and length of screen zone). It is
assumed that Consultant will perform two evaluations per year for the duration of
the period of performance.
With requests from Consultant, City staff will provide Consultant with information
listed below in a timely manner. The requested information constitutes critical
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information for reporting to EPA (e.g., Quarterly Progress Reports, OU-2 Annual
Performance Monitoring Report, OU-1 Annual Report).
— Downloads of the SCADA system with operations data for the groundwater
remediation system (data from extraction well operations and groundwater
treatment plant operations) and for the landfill gas (LFG) flare system (LFG flare
operations). Consultant will compile these data and make necessary assumptions
and calculations for filling data gaps.
— Weekly maintenance summaries for the groundwater remediation system and
the LFG flare.
Deliverables
1. OU-1 Annual Report (Annual Deliverable). A draft report will be submitted to the
City for review. The report will be revised based on review comments from the City
and finalized for submittal to EPA.
2. Annual Extraction Well Performance Evaluation Technical Memorandum (Annual
Deliverable). The technical memorandum, which will document the performance
evaluation on each of the groundwater extraction wells, will be submitted to the
City. This technical memorandum is not intended as a formal submittal to EPA.
3. New Well Evaluations (Periodic Deliverables). At the conclusion of each new well
evaluation that is performed, a letter to the City will be prepared for submittal to the
City which documents groundwater modeling results and provides well
construction recommendations.
4. There may be deliverables associated with As -needed services that are authorized
by the City under Task 2.
Task 3 — Superfund Site Delisting Pathway — Planning and Implementation
There will be no Task 3 services performed during 2023.
Task 4 — Field Investigation Activities (Operable Unit 1)
Objective
Activities
• Provide funding for supplemental field activities performed during the initial round
of sampling.
The initial round of the vapor intrusion investigation sampling was performed during
October 2022. EPA required a number of field investigation activities that expanded
Consultant's scope of work for the soil vapor intrusion field activities during 2022.
Added elements of work included indoor air sampling in both the Control Building
located in the groundwater treatment plant yard and the City's elevated trailer (located
on Jensen Avenue, outdoor air samples (collected both 7 with HVAC system operating
and with HVAC system not operating), background air samples, and a second round
of sampling for the landfill perimeter monitoring probes.
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Assumptions
■ Budget for this Task 4 consists of funding for supplemental work elements required
by EPA as part of the vapor intrusion sampling program performed in October
2022.
■ EPA will not require additional sampling beyond the second round of sampling
described above.
■ EPA will have one round of comments in response to information provided in the
Vapor Intrusion Investigation Data Transmittal (Data Transmittal).
Deliverables
Activities
1. Data Transmittal. Analytical data summary from the initial round of the vapor
intrusion investigation. Data Transmittal will describe the investigation program
details for 2022 and present the analytical results. The Data Transmittal will be
submitted to EPA.
2. RTCs to EPA comments will be prepared.
The activities described below are to be performed during 2023.
Assumptions
■ Perform routine project management activities, which will include staff
oversight, budget management, invoicing and coordination with the City on
budget and scope of work development.
• Prepare schedule updates, as needed.
• Participate in project meetings and project conference calls, including prepare
meeting agendas and other handouts.
• Prepare quarterly reports providing status updates regarding remedial actions
implemented at the FSL. Consultant will submit draft quarterly reports to the
City.
■ The City will finalize the quarterly reports with transmittal to EPA.
The budget reflects participation in monthly project conference calls for the first
quarter of 2023 followed by quarterly project conference calls. In addition, there
will be one project status meeting at the FSL Site during 2023.
Deliverables
1. Project Quarterly Reports prepare during January, April, July, and October during
2023.
2. Monthly invoices to the City documenting Consultant work performed.
3. Agenda and handouts for periodic project meetings or teleconferences.
Task 6 — Landfill Regrading Program — Pre -Construction Period Services (OU-1) for
Design #1
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Daring 2021, the City began implementation of a Landfill Regrading Program to address
differential settlement that has occurred on the landfill. The Landfill Regrading Program was
developed as two design projects. During 2023, Consultant will provide pre -construction period
services associated with Design #1. Design #1 was focused on regrading the eastern side of the
landfill, addressing settlement along the eastern side slopes, eastern perimeter drainage
channel and eastern access road. Additionally, repairs were required of the landfill gas control
system.
Objectives
Provide pre -construction period support services associated with construction of Design #1.
Activities
Pre -construction support services will consist of review of requests -for -information (RFIs) from
prospective Contractors and participation in pre -construction meetings at the FSL. It is assumed
that this task is limited to 40 labor hours.
Assumptions
■ This task is limited to pre -construction activities leading up to the construction
project for Design #1.
• The City intends to provide additional scope and budget for Consultant prior to the
beginning of construction activities for the Design #1 project.
Deliverables
Prepare responses to Contractor RFIs during or following the bid period.
Schedule
The scope of work and budget presented above reflects project duration from January through
December 2023. The schedule for project deliverables is provided below:
Annual and or Periodic Deliverables
1. Quarterly Reports — January, April, July, and October during 2023.
2. Interim Data Transmittal — January 31, 2023.
3. OU-1 Annual Report — February 31, 2023.
4. Technical Memorandum to document the annual well performance evaluation —
June 2023.
5. Spring 2023 Annual Performance Monitoring Program Report — July 31, 2023.
6. New Well Evaluations — The results of groundwater modeling to evaluate proposed
new agricultural or domestic water supply wells will be documented in a brief letter
report to the City. This work will be performed on an as -needed basis throughout
2023.
One-time Deliverables
1. Vapor Intrusion Evaluation Report of Findings — June 30, 2023
2. Task 6.1 Design Deliverables:
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Responses to Construction Contractor Requests for Information (RFIs)
during pre -construction activities As needed
Budget
The cost for the work described above is $230,600. A cost breakdown is provided on Table 1 —
Groundwater and Landfill Remediation Services, Budget for Year 2022 (Supplemental) and Year
2023, Fresno Sanitary Landfill (OU-1 and OU-2). This estimate constitutes the budget for
services during Year 2022 (Supplemental) and Year 2023.
Table 1.
Groundwater and Landfill Remediation Services Budget for Year 2022 (Supplemental) and
Year 2023 Fresno Sanitary Landfill (Operable Unit-1 and Operable Unit-2
Task Description Fee
1 Performance Monitoring Program $65,850
2 Remedial Action Systems Operations $61,230
Assistance
3 Superfund Site Delisting Pathway — $0
Planning
4 Field Investigation Activities $52,200
5 Monthly Meetings $44,320
6 Landfill Regrading/Control Systems Repair $7,000
Design
TOTALS $230,600
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CDM
smith
75 State Street, Suite 701
Boston, Massachusetts 02109
tel: 617 452-6000
CERTIFICATE
I, Paul T. Milligan, Secretary/Clerk of CDM Smith Inc., a Massachusetts corporation, do hereby
certify that Hala Titus holds the position of Senior Vice President, which entitles Ms. Titus to execute and
deliver proposals, contracts and agreements for the performance of professional services in the name and
on behalf of CDM Smith Inc. Further, Ms. Titus has the authority to execute and deliver proposals,
contracts and agreements for the performance of professional services specifically for the project titled
Fresno Sanitary Landfill, Groundwater Monitoring and Remedial Action Services, in the City of Fresno,
California.
I further certify that the foregoing is consistent with the Contract Signing Authority Policy and
with the By-laws of the said corporation.
IN WITNESS WHEREOF, I have executed this certificate and have caused the corporate seal of
CDM Smith Inc. to be hereunder affixed on this 15Y day of December 2022.
Paul T. Milligan- Secre y/Clerk of the Corporation
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COA-Hala Titus -Fresno Sanitary Landfill Project-120122
WATER + ENVIRONMENT +TRANSPORTATION + ENERGY + FACILITIES I