HomeMy WebLinkAboutCDM Smith, Inc. - 2nd Amdnt to Agrmt - 3-31-2023LJUVUJl I I CI IVCIU pC ILJ. 1 ! / Gl../iCI -t'CCD-4JDU-DJOV-DJJU4DI'LJDJ I V
SECOND AMENDMENT TO AGREEMENT
THIS SECON91 AMENDMENIZrIhO AGREEMENT (Amendment) made and
entered into as of this day of . 2023, 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), as amended on December 20, 2022 (First
Amendment) 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 $660,450; and
WHEREAS, the CITY and the CONSULTANT expanded 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 $85,200 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 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
Seven Hundred Forty Five Thousand Six -Hundred Fifty Dollars ($745,650.00). Such fee
includes all expenses incurred by CONSULTANT in performance of the services."
3. Except as otherwise provided herein, the Agreement and First Amendment
entered into by the City and Consultant, remain 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
Second Amendment at Fresno, California, the day and year first above written.
CITY OF FRESNO,
a California municipal corporation
Docu Signed by:
01
L
3/31/2023
By•856A 51T�H3[SC]A4F
Brock D. Buche, PE, PLS
Director of Public Utilities
APPROVED AS TO FORM:
ANDREW JANZ
City Cn4ed by:
� • A41e 3/9/2023
By:
Angela M. Karst Date
Deputy City Attorney
ATTEST:
TODD STERMER, CMC
City Clerk
DocuSigned by:
(K�L h, q6W 3/31/2023
By: ��,ar„S��rrarAG,
Deputy Date
Tina M. Your
CDM Smith, Inc.,
a Massachusetts corporation
DocL��S'CA
3/9/2023
By• frC0..
Name: Hal Titus
Title: Senior vice President
(if corporation or LLC., Board Chair,
Pres.)
By. St IMaln,db Ai,tUV A. 3/9/2023
Name: Servando Molina
Title: vice President
(if corporation or LLC., CFO, Treasurer,
Secretary or Assistant Secretary)
Attachment: Exhibit A2 — Supplemental Scope of Services
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Exhibit A2
SUPPLEMENTAL SCOPE OF SERVICES
Consultant Services Agreement between City of Fresno ("City")
And CDM Smith Inc. ("Consultant")
Round 2 Vapor Intrusion Investigation Fresno Sanitary Landfill
PROJECT TITLE
Supplemental Scope of Work and Budget for 2023
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).
The existing agreement between the City and Consultant includes work activities to be
performed during 2023 (City Council approval on December 15, 2022). This Supplemental
scope of work and budget consists of planning and implementation of a second round of a vapor
intrusion investigation. The first round had been performed October 2022. Additional scope and
budget for the Project Management task is also included. Work described below is defined in
terms of the two of the existing five project tasks:
Task 4 — Vapor Intrusion Investigation — Round 2 (OU-1)
Task 5 — Project Management/Project Meetings
Table A-1 consists of a summary of the estimated costs for this scope of work. The total cost for
this work is $85,200.
Task 4 — Vapor Intrusion Investigation — Round 2 (OU-1)
Objective
Plan and implement the second round of vapor intrusion sampling to assess the risk to
human health from migrating LFG at locations near the landfill.
Activities
The second round of sampling will be consistent with air sample collection performed during
Round 1 (implemented in October 2022), as defined in the Vapor Intrusion (VI) Investigation
Work Plan (approved by EPA in October 2022).
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in Collect indoor air samples at the Groundwater Treatment System (GTP)/Landfill Gas (LFG)
Flare Control Building and an elevated trailer used by the City PARCS Department (located
north of the FSL near Jensen Avenue). Sample collection will be performed under conditions
of HVAC system operating and HVAC system not operating.
■ Outdoor air samples will also be collected in conjunction with indoor air samples to assess
ambient and background air conditions.
■ Drill and install a 15-foot deep soil gas probe near the southeast corner of the landfill
property near North Avenue (at the SG-5 location). The soil gas probe will be installed by a
California C-57 licensed drilling subcontractor using a hollow -stem auger drill rig. No soil or
groundwater samples will be collected and submitted for laboratory analysis.
■ Collect a soil gas sample from SG-5 at 15-foot depth.
■ In addition to the newly installed soil gas probe described above, soil gas samples will be
collected from SG-2 at 5-foot and 15-foot depths, SG-3 at 5-foot and 15-foot depths, and
SG-5 at 5-foot depth.
■ Indoor air and outdoor air samples will be collected by Consultant's personnel, while soil gas
samples will be collected by Consultant's subcontractor H&P Mobile Geochemistry of
Carlsbad, California.
■ Indoor air samples and soil gas samples will be collected in laboratory -supplied Summa
canisters and analyzed in accordance with the following methods:
Indoor air and outdoor air samples for VOCs by Environmental Protection Agency
Method TO-15 (SIM).
2. Soil gas samples for VOCs by EPA Method TO-15.
3. Soil gas samples for Helium by modified ASTM D-1945 —atmospheric gas
analysis
Deliverables
■ Round 2 VI Investigation Work Plan. This work plan will consist of an e-mail describing the
Round 2 VI activities
Vapor Intrusion Evaluation Report. This Report will describe the investigation activities
performed during Round 1 (2022) and Round 2 (2023) and present data generated during
these investigation activities. The analytical results will be compared to ESLs and RSLs, and
an evaluation of the potential risk to human health. The Report will be submitted to EPA.
■ Technical calls/meetings with EPA. Consultant will participate in calls with EPA during
preparation for field activities, evaluation of data, and preparing responses to EPA review
comments on the VI Evaluation Report. Formal written responses to EPA comments (RTCs)
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on the VI Evaluation Report will be prepared. If requested from EPA, a final report that
incorporates EPA's input will be prepared for submittal to EPA.
Assumptions
■ EPA will not require additional indoor air or soil gas sampling beyond the second round of
sampling described above.
■ EPA will have one round of review comments in response to the VI Evaluation Report.
These comments will include a compilation of comments from the State regulatory agencies.
Task 5 —Project Management/Project Meetings
The Task 5 activities are supplemental to the Project Management activity descriptions
provided in the existing agreement between the City and the Consultant. Budget was added to
account for additional project management effort associated with the VI Investigation planning,
implementation, reporting, and meeting with EPA.
Schedule
The schedule information presented below applies to the scope of work associated with the VI
Investigation described above.
Deliverables and Activities Associated with the Vl Investi ation
1. Round 2 Work Plan for the VI Investigation — March 2023
2. Round 2 VI Investigation — March 31, 2023
3. VI Evaluation Report — 60 days following receipt of final analytical reports
4. Response to EPA Comments on the VI Evaluation Report — 30 days following receipt of
compiled regulatory agency comments from EPA
Budget
The cost for the work described above is $85,200. A cost breakdown is provided on
Table A-1 — Groundwater and Landfill Remediation Services, Supplemental Budget for Year
2023 — Round 2 VI Investigation. This cost estimate constitutes the budget for the supplemental
services associated with Round 2 of the VI Investigation during 2023.
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FIRST AMENDMENT TO AGREEMENT
THIS FIR§&AMENDMFN JO AGREEMENT (Amendment) made and entered
into as of this day of , 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.]
1
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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
fluCu Signed by:
By: L7 �� 12/20/2022
Broc D, uche, PE PLS
Director of Public Utilities
APPROVED AS TO FORM:
RINA M. GONZALES
nterimojj4norney
By: Qfni �A h, 6yf 12/5/2022
Ange a ... ..arst Date
Deputy City Attorney
ATTEST:
TODD STERMER, CMC
City Clerk
By: "jilt �l G�eUV 12/20/2022
Deputy Date
Tina M. Your
CDM Smith, Inc.,
a Massachusetts corporation
DocuSfgnedd by:
W I lfu.S 12/4/2022
By:
Name: Hala Titus
Title: senior vice President
(If corporation or LLC., Board Chair,
uQng1rye Pres.)
By: 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
2
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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.
2
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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.
3
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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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• 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.
Assumptions
1. With requests from Consultant, City staff will provide Consultant with information
listed below in a timely manner. The requested information constitutes critical
ii
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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
7
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During 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
Desi n
TOTALS
$230,600
A"
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AGREEMENT
CITY OF FRESNO, CALIFORNIA
CONSULTANT SERVICES
THIS AGREEMENT is made and entered into effective on
by and between the CITY OF FRESNO, a California municipal
CDM Smith, Inc., a Massachusetts Corporation (Consultant).
RECITALS
February 1, 2022
corporation (City), and
WHEREAS, City desires to obtain professional Groundwater Remedial Action
services for Fresno Sanitary Landfill Groundwater Remediation Services (Project); and
WHEREAS, Consultant is engaged in the business of furnishing services as a
Consulting Engineer and hereby represents that it desires to and is professionally and
legally capable of performing the services called for by this Agreement; and
WHEREAS, Consultant acknowledges that this Agreement is subject to the
requirements of Fresno Municipal Code Section 4-107 and Administrative Order No. 6-19;
and
WHEREAS, this Agreement will be administered for City by its
Director of Public Utilities(Administrator) or designee.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing and of the covenants,
conditions, and premises hereinafter contained to be kept and performed by the
respective parties, it is mutually agreed as follows:
1. Scope of Services. Consultant shall perform to the satisfaction of City the
services described in Exhibit A, including all work incidental to, or necessary to perform,
such services even though not specifically described in Exhibit A.
2. Term of Agreement and Time for Performance. This Agreement shall be
effective from the date first set forth above (Effective Date) and shall continue in full force
and effect through December 31, 2022, subject to any earlier termination in accordance
with this Agreement. The services of Consultant as described in Exhibit A are to
commence upon the Effective Date and shall be completed in a sequence assuring
expeditious completion, but in any event, all such services shall be completed prior to
expiration of this Agreement and in accordance with any performance schedule set forth
in Exhibit A.
3. Compensation.
(a) Consultant's sole compensation for satisfactory performance of all
services required or rendered pursuant to this Agreement shall be a total fee of $429,850.
Such fee includes all expenses incurred by Consultant in performance of the services.
(b) Detailed statements shall be rendered monthly for services
performed in the preceding month and will be payable in the normal course of City
business.
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(c) The parties may modify this Agreement to increase or decrease the
scope of services or provide for the rendition of services not required by this Agreement,
which modification shall include an adjustment to Consultant's compensation. Any
change in the scope of services must be made by written amendment to the Agreement
signed by an authorized representative for each party. Consultant shall not be entitled to
any additional compensation if services are performed prior to a signed written
amendment.
4. Termination. Remedies and Force Ma'eure.
(a) This Agreement shall terminate without any liability of City to
Consultant upon the earlier of: (i) Consultant's filing for protection under the federal
bankruptcy laws, or any bankruptcy petition or petition for receiver commenced by a third
party against Consultant; (ii) seven calendar days prior written notice with or without
cause by City to Consultant; (iii) City's non -appropriation of funds sufficient to meet its
obligations hereunder during any City fiscal year of this Agreement, or insufficient funding
for the Project; or (iv) expiration of this Agreement.
(b) Immediately upon any termination or expiration of this Agreement,
Consultant shall (i) immediately stop all work hereunder; (ii) immediately cause any and
all of its subcontractors to cease work; and (iii) return to City any and all unearned
payments and all properties and materials in the possession of Consultant that are owned
by City. Subject to the terms of this Agreement, Consultant shall be paid compensation
for services satisfactorily performed prior to the effective date of termination. Consultant
shall not be paid for any work or services performed or costs incurred which reasonably
could have been avoided.
(c) In the event of termination due to failure of Consultant to satisfactorily
perform in accordance with the terms of this Agreement, City may withhold an amount
that would otherwise be payable as an offset to, but not in excess of, City's damages
caused by such failure. In no event shall any payment by City pursuant to this Agreement
constitute a waiver by City of any breach of this Agreement which may then exist on the
part of Consultant, nor shall such payment impair or prejudice any remedy available to
City with respect to the breach.
(d) Upon any breach of this Agreement by Consultant, City may
(i) exercise any right, remedy (in contract, law or equity), or privilege which may be
available to it under applicable laws of the State of California or any other applicable law;
(ii) proceed by appropriate court action to enforce the terms of the Agreement; and/or (iii)
recover all direct, indirect, consequential, economic and incidental damages for the
breach of the Agreement. If it is determined that City improperly terminated this
Agreement for default, such termination shall be deemed a termination for convenience.
(e) Consultant shall provide City with adequate written assurances of
future performance, upon Administrator's request, in the event Consultant fails to comply
with any terms or conditions of this Agreement.
(f) Consultant shall be liable for default unless nonperformance is
caused by an occurrence beyond the reasonable control of Consultant and without its
fault or negligence such as, acts of God or the public enemy, acts of City in its contractual
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capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe
weather, and delays of common carriers. Consultant shall notify Administrator in writing
as soon as it is reasonably possible after the commencement of any excusable delay,
setting forth the full particulars in connection therewith, and shall remedy such occurrence
with all reasonable dispatch, and shall promptly give written notice to Administrator of the
cessation of such occurrence.
5. Confidential Information and Ownership of Documents.
(a) Any reports, information, or other data prepared or assembled by
Consultant pursuant to this Agreement shall not be made available to any individual or
organization by Consultant without the prior written approval of the Administrator. During
the term of this Agreement, and thereafter, Consultant shall not, without the prior written
consent of City, disclose to anyone any Confidential Information. The term Confidential
Information for the purposes of this Agreement shall include all proprietary and
confidential information of City, including but not limited to business plans, marketing
plans, financial information, materials, compilations, documents, instruments, models,
source or object codes and other information disclosed or submitted, orally, in writing, or
by any other medium or media. All Confidential Information shall be and remain
confidential and proprietary in City.
(b) Any and all writings and documents prepared or provided by
Consultant pursuant to this Agreement are the property of City at the time of preparation
and shall be turned over to City upon expiration or termination of the Agreement.
Consultant shall not permit the reproduction or use thereof by any other person except
as otherwise expressly provided herein.
(c) If Consultant should subcontract all or any portion of the services to
be performed under this Agreement, Consultant shall cause each subcontractor to also
comply with the requirements of this Section 5.
(d) This Section 5 shall survive expiration or termination of this
Agreement.
6. Professional Skill. It is further mutually understood and agreed by and
between the parties hereto that inasmuch as Consultant represents to City that
Consultant and its subcontractors, if any, are skilled in the profession and shall perform
in accordance with the standards of said profession necessary to perform the services
agreed to be done by it under this Agreement, City relies upon the skill of Consultant and
any subcontractors to do and perform such services in a skillful manner and Consultant
agrees to thus perform the services and require the same of any subcontractors.
Therefore, any acceptance of such services by City shall not operate as a release of
Consultant or any subcontractors from said professional standards.
7. Indemnification. To the furthest extent allowed by law, Consultant shall
indemnify, hold harmless and defend City and each of its officers, officials, employees,
agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs
and damages (whether in contract, tort or strict liability, including but not limited to
personal injury, death at any time and property damage), and from any and all claims,
demands and actions in law or equity (including reasonable attorney's fees and litigation
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expenses) that arise out of, pertain to, or relate to the negligence, recklessness or willful
misconduct of Consultant, its principals, officers, employees, agents or volunteers in the
performance of this Agreement.
If Consultant should subcontract all or any portion of the services to be performed
under this Agreement, Consultant shall require each subcontractor to indemnify, hold
harmless and defend City and each of its officers, officials, employees, agents and
volunteers in accordance with the terms of the preceding paragraph.
This section shall survive termination or expiration of this Agreement.
8. Insurance.
(a) Throughout the life of this Agreement, Consultant shall pay for and
maintain in full force and effect all insurance as required in Exhibit B, which is
incorporated into and part of this Agreement, with an insurance company(ies) either
(i) admitted by the California Insurance Commissioner to do business in the State of
California and rated no less than "A-VII" in the Best's Insurance Rating Guide, or (ii) as
may be authorized in writing by City's Risk Manager or designee at any time and in its
sole discretion. The required policies of insurance as stated in Exhibit B shall maintain
limits of liability of not less than those amounts stated therein. However, the insurance
limits available to City, its officers, officials, employees, agents and volunteers as
additional insureds, shall be the greater of the minimum limits specified therein or the full
limit of any insurance proceeds to the named insured.
(b) If at any time during the life of the Agreement or any extension,
Consultant or any of its subcontractors/sub-consultants fail to maintain any required
insurance in full force and effect, all services and work under this Agreement shall be
discontinued immediately, and all payments due or that become due to Consultant shall
be withheld until notice is received by City that the required insurance has been restored
to full force and effect and that the premiums therefore have been paid for a period
satisfactory to City. Any failure to maintain the required insurance shall be sufficient
cause for City to terminate this Agreement. No action taken by City pursuant to this
section shall in any way relieve Consultant of its responsibilities under this Agreement.
The phrase "fail to maintain any required insurance" shall include, without limitation,
notification received by City that an insurer has commenced proceedings, or has had
proceedings commenced against it, indicating that the insurer is insolvent.
(c) The fact that insurance is obtained by Consultant shall not be
deemed to release or diminish the liability of Consultant, including, without limitation,
liability under the indemnity provisions of this Agreement. The duty to indemnify City shall
apply to all claims and liability regardless of whether any insurance policies are
applicable. The policy limits do not act as a limitation upon the amount of indemnification
to be provided by Consultant. Approval or purchase of any insurance contracts or policies
shall in no way relieve from liability nor limit the liability of Consultant, its principals,
officers, agents, employees, persons under the supervision of Consultant, vendors,
suppliers, invitees, consultants, sub -consultants, subcontractors, or anyone employed
directly or indirectly by any of them.
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(d) If Consultant should subcontract all or any portion of the services to
be performed under this Agreement, Consultant shall require each subcontractor/sub-
consultant to provide insurance protection, as an additional insured, to the City and each
of its officers, officials, employees, agents, and volunteers in accordance with the terms
of this section, except that any required certificates and applicable endorsements shall
be on file with Consultant and City prior to the commencement of any services by the
subcontractor. Consultant and any subcontractor/sub-consultant shall establish
additional insured status for City, its officers, officials, employees, agents, and volunteers
by using Insurance Service Office (ISO) Form CG 20 10 11 85 or both CG 20 10 10 01
and CG 20 37 10 01 or by an executed manuscript company endorsement providing
additional insured status as broad as that contained in ISO Form CG 20 10 11 85.
9. Conflict of Interest and Non -Solicitation.
(a) Prior to City's execution of this Agreement, Consultant shall
complete a City of Fresno conflict of interest disclosure statement in the form as set forth
in Exhibit C. During the term of this Agreement, Consultant shall have the obligation and
duty to immediately notify City in writing of any change to the information provided by
Consultant in such statement.
(b) Consultant shall comply, and require its subcontractors to comply,
with all applicable (i) professional canons and requirements governing avoidance of
impermissible client conflicts; and (ii) federal, state and local conflict of interest laws and
regulations including, without limitation, California Government Code Section 1090 et.
seq., the California Political Reform Act (California Government Code Section 87100 et.
seq.) and the regulations of the Fair Political Practices Commission concerning disclosure
and disqualification (2 California Code of Regulations Section 18700 et. seq.). At any
time, upon written request of City, Consultant shall provide a written opinion of its legal
counsel and that of any subcontractor that, after a due diligent inquiry, Consultant and the
respective subcontractor(s) are in full compliance with all laws and regulations.
Consultant shall take, and require its subcontractors to take, reasonable steps to avoid
any appearance of a conflict of interest. Upon discovery of any facts giving rise to the
appearance of a conflict of interest, Consultant shall immediately notify City of these facts
in writing.
(c) In performing the work or services to be provided hereunder,
Consultant shall not employ or retain the services of any person while such person either
is employed by City or is a member of any City council, commission, board, committee,
or similar City body. This requirement may be waived in writing by the City Manager, if
no actual or potential conflict is involved.
(d) Consultant represents and warrants that it has not paid or agreed to
pay any compensation, contingent or otherwise, direct or indirect, to solicit or procure this
Agreement or any rights/benefits hereunder.
(e) Neither Consultant, nor any of Consultant's subcontractors
performing any services on this Project, shall bid for, assist anyone in the preparation of
a bid for, or perform any services pursuant to, any other contract in connection with this
Project unless fully disclosed to and approved by the City Manager, in advance and in
writing. Consultant and any of its subcontractors shall have no interest, direct or indirect,
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in any other contract with a third party in connection with this Project unless such interest
is in accordance with all applicable law and fully disclosed to and approved by the City
Manager, in advance and in writing. Notwithstanding any approval given by the City
Manager under this provision, Consultant shall remain responsible for complying with
Section 9(b), above.
(f) If Consultant should subcontract all or any portion of the work to be
performed or services to be provided under this Agreement, Consultant shall include the
provisions of this Section 9 in each subcontract and require its subcontractors to comply
therewith.
(g) This Section 9 shall survive expiration or termination of this
Agreement.
10. Recycling Program. In the event Consultant maintains an office or operates
a facility(ies), or is required herein to maintain or operate same, within the incorporated
limits of the City of Fresno, Consultant at its sole cost and expense shall:
(a) Immediately establish and maintain a viable and ongoing recycling
program, approved by City's Solid Waste Management Division, for each office and
facility. Literature describing City recycling programs is available from City's Solid Waste
Management Division and by calling City of Fresno Recycling Hotline at (559) 621-1111.
(b) Immediately contact City's Solid Waste Management Division at
(559) 621-1452 and schedule a free waste audit, and cooperate with such Division in their
conduct of the audit for each office and facility.
(c) Cooperate with and demonstrate to the satisfaction of City's Solid
Waste Management Division the establishment of the recycling program in
paragraph (i) above and the ongoing maintenance thereof.
11. General Terms.
(a) Except as otherwise provided by law, all notices expressly required
of City within the body of this Agreement, and not otherwise specifically provided for, shall
be effective only if signed by the Administrator or designee.
(b) Records of Consultant's expenses pertaining to the Project shall be
kept on a generally recognized accounting basis and shall be available to City or its
authorized representatives upon request during regular business hours throughout the
life of this Agreement and for a period of three years after final payment or, if longer, for
any period required by law. In addition, all books, documents, papers, and records of
Consultant pertaining to the Project shall be available for the purpose of making audits,
examinations, excerpts, and transcriptions for the same period of time. If any litigation,
claim, negotiations, audit or other action is commenced before the expiration of said time
period, all records shall be retained and made available to City until such action is
resolved, or until the end of said time period whichever shall later occur. If Consultant
should subcontract all or any portion of the services to be performed under this
Agreement, Consultant shall cause each subcontractor to also comply with the
requirements of this paragraph. This Section 11(b) shall survive expiration or termination
of this Agreement.
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(c) Prior to execution of this Agreement by City, Consultant shall have
provided evidence to City that Consultant is licensed to perform the services called for by
this Agreement (or that no license is required). If Consultant should subcontract all or
any portion of the work or services to be performed under this Agreement, Consultant
shall require each subcontractor to provide evidence to City that subcontractor is licensed
to perform the services called for by this Agreement (or that no license is required) before
beginning work.
12. Nondiscrimination. To the extent required by controlling federal, state and
local law, Consultant shall not employ discriminatory practices in the provision of services,
employment of personnel, or in any other respect on the basis of race, religious creed,
color, national origin, ancestry, physical disability, mental disability, medical condition,
marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or
veteran of the Vietnam era. Subject to the foregoing and during the performance of this
Agreement, Consultant agrees as follows:
(a) Consultant will comply with all applicable laws and regulations
providing that no person shall, on the grounds of race, religious creed, color, national
origin, ancestry, physical disability, mental disability, medical condition, marital status,
sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the
Vietnam era be excluded from participation in, be denied the benefits of, or be subject to
discrimination under any program or activity made possible by or resulting from this
Agreement.
(b) Consultant will not discriminate against any employee or applicant
for employment because of race, religious creed, color, national origin, ancestry, physical
disability, mental disability, medical condition, marital status, sex, age, sexual orientation,
ethnicity, status as a disabled veteran or veteran of the Vietnam era. Consultant shall
ensure that applicants are employed, and the employees are treated during employment,
without regard to their race, religious creed, color, national origin, ancestry, physical
disability, mental disability, medical condition, marital status, sex, age, sexual orientation,
ethnicity, status as a disabled veteran or veteran of the Vietnam era. Such requirement
shall apply to Consultant's employment practices including, but not be limited to, the
following: employment, upgrading, demotion or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. Consultant agrees to post in conspicuous
places, available to employees and applicants for employment, notices setting forth the
provision of this nondiscrimination clause.
(c) Consultant will, in all solicitations or advertisements for employees
placed by or on behalf of Consultant in pursuit hereof, state that all qualified applicants
will receive consideration for employment without regard to race, religious creed, color,
national origin, ancestry, physical disability, mental disability, medical condition, marital
status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of
the Vietnam era.
(d) Consultant will send to each labor union or representative of workers
with which it has a collective bargaining agreement or other contract or understanding, a
notice advising such labor union or workers' representatives of Consultant's commitment
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under this section and shall post copies of the notice in conspicuous places available to
employees and applicants for employment.
(e) If Consultant should subcontract all or any portion of the services to
be performed under this Agreement, Consultant shall cause each subcontractor to also
comply with the requirements of this Section 12.
13. I n d e pendent Contractor.
(a) In the furnishing of the services provided for herein, Consultant is
acting solely as an independent contractor. Neither Consultant, nor any of its officers,
agents or employees shall be deemed an officer, agent, employee, joint venturer, partner
or associate of City for any purpose. City shall have no right to control or supervise or
direct the manner or method by which Consultant shall perform its work and functions.
However, City shall retain the right to administer this Agreement so as to verify that
Consultant is performing its obligations in accordance with the terms and conditions
thereof.
(b) This Agreement does not evidence a partnership or joint venture
between Consultant and City. Consultant shall have no authority to bind City absent
City's express written consent. Except to the extent otherwise provided in this
Agreement, Consultant shall bear its own costs and expenses in pursuit thereof.
(c) Because of its status as an independent contractor, Consultant and
its officers, agents and employees shall have absolutely no right to employment rights
and benefits available to City employees. Consultant shall be solely liable and
responsible for all payroll and tax withholding and for providing to, or on behalf of, its
employees all employee benefits including, without limitation, health, welfare and
retirement benefits. In addition, together with its other obligations under this Agreement,
Consultant shall be solely responsible, indemnify, defend and save City harmless from all
matters relating to employment and tax withholding for and payment of Consultant's
employees, including, without limitation, (i) compliance with Social Security and
unemployment insurance withholding, payment of workers' compensation benefits, and
all other laws and regulations governing matters of employee withholding, taxes and
payment; and (ii) any claim of right or interest in City employment benefits, entitlements,
programs and/or funds offered employees of City whether arising by reason of any
common law, de facto, leased, or co -employee rights or other theory. It is acknowledged
that during the term of this Agreement, Consultant may be providing services to others
unrelated to City or to this Agreement.
14. Notices. Any notice required or intended to be given to either party under
the terms of this Agreement shall be in writing and shall be deemed to be duly given if
delivered personally, transmitted by facsimile followed by telephone confirmation of
receipt, or sent by United States registered or certified mail, with postage prepaid, return
receipt requested, addressed to the party to which notice is to be given at the party's
address set forth on the signature page of this Agreement or at such other address as the
parties may from time to time designate by written notice. Notices served by United
States mail in the manner above described shall be deemed sufficiently served or given
at the time of the mailing thereof.
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15. Binding. Subject to Section 16, below, once this Agreement is signed by all
parties, it shall be binding upon, and shall inure to the benefit of, all parties, and each
parties' respective heirs, successors, assigns, transferees, agents, servants, employees
and representatives.
16. Assignment.
(a) This Agreement is personal to Consultant and there shall be no
assignment by Consultant of its rights or obligations under this Agreement without the
prior written approval of the City Manager or designee. Any attempted assignment by
Consultant, its successors or assigns, shall be null and void unless approved in writing
by the City Manager or designee.
(b) Consultant hereby agrees not to assign the payment of any monies
due Consultant from City under the terms of this Agreement to any other individual(s),
corporation(s) or entity(ies). City retains the right to pay any and all monies due
Consultant directly to Consultant.
17. Compliance With Law. In providing the services required under this
Agreement, Consultant shall at all times comply with all applicable laws of the United
States, the State of California and City, and with all applicable regulations promulgated
by federal, state, regional, or local administrative and regulatory agencies, now in force
and as they may be enacted, issued, or amended during the term of this Agreement.
18. Waiver. The waiver by either party of a breach by the other of any provision
of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent
breach of either the same or a different provision of this Agreement. No provisions of this
Agreement may be waived unless in writing and signed by all parties to this Agreement.
Waiver of any one provision herein shall not be deemed to be a waiver of any other
provision herein.
19. Governing Law and Venue. This Agreement shall be governed by, and
construed and enforced in accordance with, the laws of the State of California, excluding,
however, any conflict of laws rule which would apply the law of another jurisdiction. Venue
for purposes of the filing of any action regarding the enforcement or interpretation of this
Agreement and any rights and duties hereunder shall be Fresno County, California.
20. Headings. The section headings in this Agreement are for convenience and
reference only and shall not be construed or held in any way to explain, modify or add to
the interpretation or meaning of the provisions of this Agreement.
21. Severability. The provisions of this Agreement are severable. The
invalidity, or unenforceability of any one provision in this Agreement shall not affect the
other provisions.
22. Interpretation. The parties acknowledge that this Agreement in its final form
is the result of the combined efforts of the parties and that, should any provision of this
Agreement be found to be ambiguous in any way, such ambiguity shall not be resolved
by construing this Agreement in favor of or against either party, but rather by construing
the terms in accordance with their generally accepted meaning.
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23. Attorney's Fees. If either party is required to commence any proceeding or
legal action to enforce or interpret any term, covenant or condition of this Agreement, the
prevailing party in such proceeding or action shall be entitled to recover from the other
party its reasonable attorney's fees and legal expenses.
24. Exhibits. Each exhibit and attachment referenced in this Agreement is, by
the reference, incorporated into and made a part of this Agreement.
25. Precedence of Documents. In the event of any conflict between the body
of this Agreement and any Exhibit or Attachment hereto, the terms and conditions of the
body of this Agreement shall control and take precedence over the terms and conditions
expressed within the Exhibit or Attachment. Furthermore, any terms or conditions
contained within any Exhibit or Attachment hereto which purport to modify the allocation
of risk between the parties, provided for within the body of this Agreement, shall be null
and void.
26. Cumulative Remedies. No remedy or election hereunder shall be deemed
exclusive but shall, wherever possible, be cumulative with all other remedies at law or in
equity.
27. No Third Party Beneficiaries. The rights, interests, duties and obligations
defined within this Agreement are intended for the specific parties hereto as identified in
the preamble of this Agreement. Notwithstanding anything stated to the contrary in this
Agreement, it is not intended that any rights or interests in this Agreement benefit or flow
to the interest of any third parties.
28. Extent of Agreement. Each party acknowledges that they have read and
fully understand the contents of this Agreement. This Agreement represents the entire
and integrated agreement between the parties with respect to the subject matter hereof
and supersedes all prior negotiations, representations or agreements, either written or
oral. This Agreement may be modified only by written instrument duly authorized and
executed by both City and Consultant.
[Signatures follow on the next page.]
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IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno,
California, the day and year first above written.
CITY OF FRESNO,
a C migaWnicipal corporation
21112022
By: 1"-lb"
Georgeanne A. White,
Assistant City Manager
ATTEST:
TODD STERMER, CIVIC
City '6dC115[gned by:
"� (A� 2/1/2022
Bernara Canez
Deputy
No signature of City Attorney required.
Standard Document #ALL-S 3.0 has
been used without modification, as
certified by the undersigned.
By: 5Docu lgned by-
osa Staggs 111012022
o99TW-'5fAggs
Wastewater Manager
Addresses:
City:
City of Fresno
Attention: Rosa Lau-Staggs,
Wastewater Manager
5607 W. Jensen Ave
Fresno, CA 93706
Phone: (559) 621-5130
FAX: (559) 498-1700
CDM Smith, Inc.,
A Massachusetts Corporation
cuSigned by:
By:E_c_
1i{1tiS 1/10/2022
ea�es��zstinc�...
Name:"al a Titus
Title: senior vice President
(If corporation or LLC., Board Chair,
E@,,q YYpe Pres.)
�Uvzu jh �I,1e(��A 1/10/2022
By: _
servando Molina
Name:
Title: vice President
(If corporation or LLC., CFO, Treasurer,
Secretary or Assistant Secretary)
Any Applicable Professional License:
Number:
Name:
Date of Issuance:
Consultant:
CDM Smith, Inc.
Attention: John (Yash) Nyznyk,
Associate
2300 Clayton Road # 950
Concord, CA 94520
Phone: (925) 296-8065
FAX: (925) 933-4174
Attachments:
1. Exhibit A - Scope of Services
2. Exhibit B - Insurance Requirements
3. Exhibit C - Conflict of Interest Disclosure Form
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EXHIBIT A
SCOPE OF SERVICES
Consultant Service Agreement between City of Fresno (City)
and CDM Smith, Inc. (Consultant)
Fresno Sanitary Lanfill Groundwater Monitoring and Remedial Action Services
Scope of Work and Budget for 2022
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
(USEPA).
This scope of work presented below describes work to be performed during 2022. This
scope of work is 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 on the project 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 2022
Task 4 — Field Investigation Activities (OU-1)
Task 5 — Project Management/Project Meetings
Task 6 — Landfill Regrading/Landfill Control Systems Repair — Design, Bid Period, and
Construction Period Services (OU-1)
Table A-1 consists of a summary of the estimated costs for this scope of work. The total
cost for this work is $429,850 for the one-year period of performance (2022).
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.
❑ Document the performance monitoring activities and laboratory analytical results in
an annual report and an interim data transmittal to the USEPA.
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❑ Prepare responses to review comments from USEPA (and other State regulatory
agencies).
Activities
❑ Groundwater Monitoring Program —
has been ongoing for a number of
responsibility for performing the quay
arrangements with the analytical labor
containers, delivery of sampling conta
groundwater monitoring wells and the
effluent sampling ports. Consultant
implementation of this program. The
during the year 2022.
The Groundwater Monitoring Program at the FSL
years. City personnel have assumed primary
terly field sampling activities, including making
atory (e.g., analyses to be performed, sampling
ners to the Site) and sample collection from the
groundwater treatment plant (GTP) influent and
will coordinate with the City in the ongoing
activities described below are to be performed
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 2 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 queries on the data 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) — USEPA and the State
regulatory agencies have submitted review comments on a range of submittals during the
past year (2021). This task will involve preparing RTCs for technical deliverables
scheduled for submittal to USEPA (including the OU-1 Annual Report, Interim Data
Transmittal, and Annual Performance Monitoring Program Report.
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.
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❑ 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 arrangement 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 USEPA via e-mail in January 2022.
2. Annual Performance Monitoring Program Report (Annual Report) — The Annual
Report will cover the July and October 2021 and the January and April 2022 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
USEPA. The Annual Report, to be submitted to USEPA in July 2022, 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 2 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 gas (LFG) control, landfill cover, 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.
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 cove r/sto rmwate r management systems. This task includes the
following activities:
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❑ 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 USEPA 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, 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.
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 2022. 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:
• 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 USEPA.
- 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 USEPA.
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❑ 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 CDM Smith will perform two evaluations per year for the duration
of the period of performance.
F As -Needed Services (Annual Activities) — The budget includes funding for tasks that
cannot specifically be identified at this time. The City will request in writing that Consultant
perform these tasks prior to initiating work. Activities under this task will be performed on
an as -needed basis. These currently undefined tasks may include, but are not limited to,
the following:
- GTP Operations Assistance — Consultant staff will be available to address
questions raised by City staff in optimizing operations of the groundwater collection and
treatment system (including extraction pump operations, GTP operations, and monitoring
of instrumentation and controls). Consultant staff will also be available to respond to
requests for assistance from the City to address GTP operational problems or to respond
to questions regarding technical or regulatory issues.
- Evaluate the feasibility of performing innovative remediation technologies to
address VOC-impacted groundwater with the objective of reducing localized high VOC
concentration locations. Over the last 10 to 15 years, significant progress has been made
in reducing and/or eliminating VOC groundwater concentrations using a range of
innovative remedial technologies (e.g., in situ bioremediation, chemical oxidation, etc.).
The focus of such a task would be to engage with commercial vendors to gain an
understanding regarding the feasibility and effectiveness of innovative technologies for
use at landfill sites.
- Respond to requests from the USEPA to perform field investigation activities at
the landfill site.
- Develop an estimate of future costs associated with GTP operations under
various operational scenarios.
- Review and evaluate analytical data from supplemental samples collected from
the groundwater monitoring wells or the GTP.
- Respond to requests for information from the USEPA, or other regulatory
agencies involved in oversight at the FSL.
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Assumptions
❑ With requests from Consultant, City staff will provide Consultant with information listed
below in a timely manner. The requested information constitutes critical information for
reporting to USEPA (e.g., Quarterly Progress Reports, OU-2 Annual Performance
Monitoring Report, OU-1 Annual Report).
1. 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.
2. Weekly maintenance summaries for the groundwater remediation system and the
LFG flare.
❑ Consultant will initiate efforts on as -needed tasks upon request from the City. The cost
associated with the individual subtasks will include expenses for travel to the Site.
Deliverables
❑ 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 USEPA.
❑ 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 USEPA.
❑ 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.
❑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
There will be no Task 3 services performed during 2022.
Task 4 — Field Investigation Activities (Operable Unit 1)
The two subtasks included under Task 4 are briefly described below.
❑ Subtask 4.1 — Soil Gas Sampling Program. During 2021, USEPA had directed the
City to perform soil gas sampling from selected LFG perimeter monitoring probes (located
along the perimeter of the landfill). Based on the results of these sampling activities,
USEPA is expected to direct the City to plan and implement a soil gas investigation on
City property located beyond the perimeter monitoring probe locations along potential
exposure pathways to assess the potential risk to park visitors or to local residents along
Jensen Avenue (north of the landfill) or along North Avenue (south of the landfill).
❑ Subtask 4.2 — Landfill surface Emissions Testing. USEPA is requiring the City to
implement a surface emissions testing program on the FSL. Consultant will assist the City
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in developing the emissions testing program and in preparing reports to document field
activities and present the results of the emissions testing.
Subtask 4.1 — Soil Gas Sampling Program
Objective
❑ Collect soil gas data to assess the risk to human health from migrating LFG at locations
near the landfill.
Activities
❑ Prepare a Draft Soil Gas Investigation Work Plan (Work Plan) defining the remedial
action objectives, detailing soil gas sample probe installation and soil gas sample
collection procedures and identifying laboratory analytical methods.
❑ Prepare RTCs to USEPA review comments on the Work Plan and prepare a Final
Work Plan which incorporates input from USEPA.
❑ A description of the Soil Gas Investigation activities is provided below:
- Consultant will hire a subcontractor to provide soil gas probe installation and soil gas
sampling services.
- Soil gas probes will be installed by a California C-57 licensed drilling subcontractor
using a direct push technology drill rig. No soil or groundwater samples will be submitted
for laboratory analysis. The probes will be placed in locations near utility trenches as
potential migration pathways. A targeted screen interval of 4.5 to 5.5 feet bgs has been
selected for each of the soil gas. Once installed, the soil gas probes will be allowed to
equilibrate for a two hour time period before shut in, leak testing, purging and sampling
will occur.
- Following a two hour equilibration period after probe installation, shut-in testing, leak
testing, and purging will be performed followed by soil gas sample collection. Samples
will be collected in laboratory supplied Summa canisters with the following analyses:
1. VOCs by Environmental Protection Agency Method TO-15 (Full Scan).
2. Helium by modified ASTM D-1946 —atmospheric gas analysis
❑ In addition to samples to be collected from the newly installed soil gas probe locations,
samples will be collected at five of the existing landfill perimeter monitoring probe
locations 9 NNW2m CMW6, MMW4, MMW5, MMW6. Helium shroud leak testing will be
implemented during sampling at the perimeter monitoring probes.
❑ A second round of sampling is expected to be required by USEPA to evaluate whether
there are seasonal variations of VOC constituent concentrations in the soil vapor
samples. The soil gas sample collection detailed above will be repeated.
❑ Following completion of two rounds of soil gas sample collection, prepare a technical
memorandum to document data collection methods, and present analytical data from field
sampling. Results will be compared with the San Francisco Regional Water Quality
Control Board Environmental Screening Levels (ESLs) (Water Board, 2019). The
technical memorandum will present a data evaluation to assess the potential risk to
human health.
Assumptions
USEPA will not require more than the two sampling rounds described above.
Deliverables
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❑ Soil Gas Investigation Work Plan. The Work Plan will describe the soil gas probe
installation and soil gas sample collection procedures. The Work Plan will be submitted
to USEPA
❑ Technical Memorandum — Soil Gas Investigation Findings
Subtask 4.2 — Landfill Surface Emissions Testing
In 2021, surface emissions testing was requested by USEPA, to be performed during
2022.
Objective
❑ Develop a surface emissions testing program at the FSL.
❑ Prepare an annual report to USEPA which documents the field activities and presents
the results of the emissions testing.
Activities
Consultant will develop a surface emissions monitoring plan (Plan) consistent with Title
17 California Code of Regulations (CCR), Section 95460. The surface emissions
monitoring program will include Instantaneous Surface Monitoring and Integrated Surface
Monitoring, as defined in the CCR, Section 95460.
Consultant will prepare an annual report for submittal to USEPA covering the period
January 1 through December 31, 2022. The report will provide a summary of the quarterly
surface emissions monitoring activities and present field data collection data. LFG gas
control system operations for the reporting period will be documented.
Assumptions
City staff will perform quarterly field methane surface emissions monitoring activities.
Monitoring data will be provided to Consultant following each quarterly monitoring event.
Deliverables
❑ Emissions Monitoring Work Plan. The Work Plan will describe the methane surface
emissions monitoring procedures and reporting requirements. The Work Plan will be
submitted to USEPA.
❑ Landfill Emissions Annual Report (for the period January 1 through December 31,
2022). The Landfill Emissions Annual Report will be a deliverable in March 2023
(regulatory -defined requirement). Preparation of the Annual Report will be included in the
2023 scope of work
Task 5 —Project Management/Project Meetings
Objectives
❑ Meet project scope, schedule, and budget requirements.
❑ Maintain effective communication with the City, USEPA, and other regulatory agency
staff on key project issues.
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Activities
The activities described below are to be performed during 2022.
❑ 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 preparing
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.
Assumptions
❑ The City will finalize the quarterly reports with transmittal to USEPA.
❑ Cost estimate reflects participation in monthly project conference calls. In addition,
there will be one project status meetings at the FSL Site during 2022. The budget
assumes that up to one Consultant staff from outside the Concord office will participate
in the project status meeting and includes travel and per diem expenses.
Deliverables
1. Project Quarterly Reports prepared during January, April, July, and October during
2022.
2. Monthly invoices to the City documenting Consultant work performed.
3. Agenda and handouts for periodic project meetings or teleconferences.
Task 6 — Landfill Regrading/Landfill Control Systems Repair — Design,
Bid Period, and Construction Period Services (OU-1)
The City initiated a landfill regrading program during 2021. Consultant prepared design
documents which addressed settlement along the eastern side slopes, eastern perimeter
drainage channel and eastern access road. The regrading program will continue during
2022. Design activities during 2022 will include completion of the Landfill Regrading
Program Design #1 (initiated in 2021) and the Regrading Program Design #2 elements.
The two Task 6 subtasks are briefly described below.
❑ Subtask 6.1 — Landfill Regrading Program Design #2— Design for the project titled
Drainage Channel Regrading and Gas Control System Maintenance was initiated in 2021
(through completion of the 90% design). This subtask consists of completing the 95%
design documents and the 100% design documents. Additionally, Consultant will provide
bid period and construction period services.
❑ Subtask 6.2 — Landfill Regrading Program — Design #2: This subtask consists of
developing detailed plans and specifications that will guide landfill regrading and repair of
the southern side slopes, northern side slopes and perimeter drainage channel, top deck
of the landfill, and perimeter access roads.
Subtask 6.1 — Landfill Regrading Program - Design #1: Drainage Channel Regrading
and Gas Control System Maintenance
Objectives
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❑ Complete design documents (plans and technical specifications) for the Regrading
Program Design #1.
❑ Provide bid period and construction period services.
Activities
The 90% design documents (submitted in October 2021) included relocation of the landfill
gas (LFG) header associated with Condensate Sump #6 (CS-6). The City has expanded
the Regrading Program Design #1 design activities to include relocation of the LFG
header associated with CS-5. This element of work will be incorporated into the 95%
design documents. Subtask 6.1 are described below:
❑ 95% design — This is a new design package that was added to the scope of work for
2022.
❑ Restore funding for Existing Tasks — During 2021, with approval by the City, funding
was transferred from existing Task 6 subtasks to allow Consultant to address reporting
requirements associated with the Landfill Regrading Program imposed by USEPA.
Transfer of funding is described below:
a. Bid Period Services — The $1,800 that was transferred from this subtask in 2021 is
restored under this scope and budget for 2022.
b. Reporting — The $6,000 that was transferred from this subtask in 2021 is restored
under this scope and budget for 2022.
Deliverables
1. 95% Perimeter Drainage Ditch Regrading and Repair Design. Comments from City
staff on the 90% design package will be incorporated into the design drawings and
specifications and the 100% design documents will be prepared. The stage of the design
is considered final. The Engineer's OPCC based on the 95% design documents will be
developed and submitted for City review.
2. 100% Perimeter Drainage Ditch Regrading and Repair Design. Comments from City
staff on the 95% design package will be incorporated into the design drawings and
specifications and the 100% design documents will be prepared. The stage of the design
is considered final. The Engineer's OPCC based on the 100% design documents will be
developed and submitted for City review (existing funding authorized in 2021).
3. The 100% design submittals will be stamped and sealed for distribution by the City to
potential bidders. An electronic copy of the 100% drawings in AutoCAD version 2015 will
be provided on CD-ROM. Electronic copy will be identical to bid set except Consultant
will remove its logo, professional engineering stamps and signatures. Electronic copies
of 100% technical specifications will be provided in MS Word on CD-ROM (existing
funding authorized in 2021).
4. Electronic files of the design documents (plans and specifications) will be provided to
the City (existing funding authorized in 2021).
5. Following completion of the landfill regrading and LFG collection system repair
activities and the landfill perimeter drainage ditch regrading and repair activities, a Tech
Memo will be prepared to document activities performed. The Tech Memo will be
submitted to the USEPA (funding for this task is restored as part of this budget).
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Bid Period Services
This subtask will include participation in the City's pre -bid conference and preparation of
responses to Bid Period requests -for -information (RFIs). It is assumed that this task will
be limited to 50 labor hours (funding for this task is restored as part of this budget).
Construction Period Services
This subtask will consist of Contractor submittal review, preparing responses to
construction RFls, and periodic construction oversight. Construction oversight can
include specialty inspection, targeted participation in construction meetings, assistance
in change order preparation, assistance in claims support, and assistance in preparation
of a project punch list. It is assumed that this task is limited to 100 labor hours. (existing
funding authorized in 2021).
Reporting
This subtask will consist of preparing a Tech Memo to document the Task 6 construction
efforts. The Tech Memo is intended for submittal to the USEPA. Given that this
construction project is a maintenance project, the report will be less detailed than the
Interim Remedial Action Report that had been prepared to document past remedial action
construction activities performed at the FSL (funding for this task is restored as part of
this budget).
Subtask 6.2 — Landfill Regrading Program - Design #2: Regrading and Landfill Control
Systems Repair — Southern Side Slopes, Northern Side Slopes and Perimeter Drainage
Channel, Top Deck, and Access Roads
Objectives
Prepare design documents (plans and technical specifications) to be used by the City
to solicit bids from contractors for regrading landfill side slopes, perimeter drainage
channel, and perimeter access roads as part of Regrading Design #2 of the Landfill
Regrading Program.
❑ Provide bid period and construction period services.
Activities
Consultant will design drawings and specifications for use by the City to request
Contractor bids to utilize in planning and implementing a regrading operation addressing
differential settlement of landfill side slopes, top deck, and access roads. Additionally, the
design will address maintenance and repair of landfill control system facilities during the
fall of 2022. Task activities will include preparation of design documents (design plans
and specifications), bid period services, and construction period services. Task activity
descriptions, assumptions, and deliverables are provided below.
Design Services
Consultant will prepare the Landfill Regrading Program Basis of Design for submittal to
USEPA. Consultant will also prepare three design packages, including the 60% design
drawings with a listing of technical specifications sections, 90% design package (design
drawings, specifications, and associated Engineer's Opinion of Probable Construction
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Cost (OPCC) and the 100% design package (specifications, design drawings, and
associated OPCC). Activities to be performed during the design for the Regrading and
Landfill Control System Repair are described below.
❑ Up to two visits to the FSL by key members of the design team to confirm conditions
relative to as -built drawings for the landfill closure.
❑ Develop approximately fifteen (15) design drawings, including the following:
- Five (5) general sheets — title page, general notes, general site layout, and
settlement specific sheets.
- Ten (10) civil detail sheets — sections/details showing typical settlement repair, ditch
reconstruction and ditch lining, anchor trench, sand tube layout, and perimeter access
road repair.
❑ Develop technical specifications based on the specifications prepared for the Drainage
Channel Regrading and Landfill Gas Control System Maintenance project (90% design
specifications completed in October 2021).
❑ Develop Engineer's Opinion of Probable Construction Cost (OPCC) for the Perimeter
Drainage Ditch and Repair project. The Engineer's OPCC will be developed based on the
90% design submittal and then updated for the 100% design submittal.
Bid Period Services
This subtask will include participation in the City's pre -bid conference and preparation of
responses to Bid Period requests -for -information (RFIs). It is assumed that this task will
be limited to 50 labor hours.
Construction Period Services
This subtask will consist of Contractor submittal review, preparing responses to
construction RFIs, and periodic construction oversight. Construction oversight can
include specialty inspection, targeted participation in construction meetings, assistance
in change order preparation, assistance in claims support, and assistance in preparation
of a project punch list. It is assumed that this task is limited to 100 labor hours.
Reporting
This subtask will consist of preparing a Tech Memo to document the Task 6 construction
efforts. The Tech Memo is intended for submittal to the USEPA. Given that this
construction project is a maintenance project, the report will be less detailed than the
Interim Remedial Action Report that had been prepared to document past remedial action
construction activities performed at the FSL.
Assumptions
❑ City survey crew will perform a survey of the landfill areas targeted for regrading during
2022, including landfill side slopes, perimeter drainage ditches, and landfill access roads.
The City will provide to Consultant electronic files with topographic contour information by
March 2022.
❑ Design documents will be based on design documents prepared for the Drainage
Channel Regrading and landfill Gas Control system Maintenance project (90% design
dated October 2021).
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❑ It is intended that the 100% design documents are final, and not a review set for
purposes of generating additional review comments.
❑ City will be responsible for compiling the front end (Division 0) specifications.
Consultant will be responsible for developing the technical specifications. Consultant will
provide to City staff the technical specifications (from the 100% design package) for
incorporating into a full specification package to be included in the formal request -for -bid.
❑ Consultant will prepare draft Bid Schedule for use by the City as an element in the bid
package. The City will work process front-end (Division 0) specifications.
F1 City will be responsible for transmitting information to bidders, as necessary.
❑ At the request of the City, Consultant will prepare up to two addenda during the bid
process.
❑ Consultant will prepare responses for up to ten questions or RFIs during the bidding
process.
❑ During Construction Period Services, City will coordinate and transmit RFIs and
submittals/responses.
Deliverables
1. Landfill Regrading Program Basis of Design — The Landfill Regrading Program Basis
of Design document will provide a detailed description of the elements of work to be
addressed as part of the Regrading Program Design #2.
2. 60% Design drawings. Design documents will consist of drawings and a listing of the
technical specifications. The 60% design documents will be submitted for review by City
staff.
3. 90% Design documents. Review comments from City staff on the 60% design package
will be incorporated into the 90% set of design drawings and specifications. The 90%
design documents will be submitted for review by City staff and by USEPA. The
Engineer's OPCC based on the 90% design documents will be developed and submitted
for City review.
4. It is expected that USEPA will submit review comments addressing the 90% design
documents. Consultant will prepare a RTC document in response to USEPA comments
and incorporate USEPA comments in the 100% design documents.
5. 100% Design documents. Design documents will consist of drawings and technical
specifications. Review comments from City staff and USEPA on the 90% design package
will be incorporated into the 100% design drawings and specifications. The 100% design
documents will be submitted for a backcheck by City staff. The Engineer's OPCC based
on the 100% design documents will be developed and submitted for City review.
6. The 100% design submittal will be stamped and sealed for distribution by the City to
potential bidders. An electronic copy of the 100% drawings in AutoCAD version 2015 will
be provided on CD-ROM. Electronic copy will be identical to bid set except Consultant
will remove its logo, professional engineering stamps and signatures. Electronic copies
of 100% technical specifications will be provided in MS Word on CD-ROM.
7. Electronic files of the design documents (plans and specifications) will be provided to
the City.
8. Following completion of the construction activities, Consultant will prepare a
Construction Completion Report, which will document construction activities performed.
The Construction Completion Report will be submitted to the USEPA.
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Schedule
The scope of work and budget presented above reflects project duration from January
through December 2020. The schedule for project deliverables is provided below:
Annual and or Periodic Deliverables
1. Quarterly Reports — January, April, July, and October during 2022.
2. Interim Data Transmittal — January 31, 2022.
3. OU-1 Annual Report — February 31, 2022.
4. Technical Memorandum to document the annual well performance evaluation — June
2022.
5. Spring 2022 Annual Performance Monitoring Program Report — July 31, 2022.
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 2022.
One-time Deliverables
1. Soil Gas Investigation Work Plan — February 2022
2. Soil Gas Investigation Findings — October/November 2022
3. Landfill Emissions Monitoring Work Plan — February 2022
4. Task 6.1 Design Deliverables:
❑ Landfill Regrading Basis of Design — first quarter 2022
❑ Landfill Regrading Program 95% design documents — February 2022
❑ Landfill Regrading Program 100% design documents - April 2022
❑ Technical Memorandum documenting Landfill Regrading Program — Design #1—
fourth quarter 2022
5. Task 6.2 Design Deliverables:
❑ Landfill Regrading Basis of Design — second quarter 2022
❑ Landfill Regrading Program 60% design documents - third quarter 2022
❑ Landfill Regrading Program 90% design documents - fourth quarter 2022
❑ Landfill Regrading Program 100% design documents -fourth quarter 2022
Budget
The cost for the work described above is $429,850. A cost breakdown is provided on
Table 1 — Groundwater and Landfill Remediation Services During 2022, Fresno Sanitary
Landfill (OU-1 and OU-2). This cost estimate constitutes the budget for services during
2022.
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Table 1
Groundwater and Landfill Remediation Services during 2022
Fresno Sanitary Landfill (OU-1 and OU-2)
Task Description Labor ODCs OPs Total
Task 1 Performance Monitoring Program
$ 54,800 $ 1,360 $ -
$
56,160
Task 2
Remedial Action Systems Operations Assistance
$ 85,810 $ 1,680 $ -
$
87,490
Task 3
(not utilized for Services during 2022)
Task 4
Field Investigation Activities (OU-1)
$ 28,430 $ 940 $ 22,200
$
51,570
Task 5
Project Management/Project Meetings
$ 60,710 $ 2,160 $ -
$
62,870
Task 6
Landfill Regrading/Landfill Control Systems Repair --
Design,
Bid Period, and Construction Period Services (OU-1)
$ 170,500 $ 1,260 $ -
$
171,760
TOTALS $ 400,250 $ 7,400 $ 22,200
$
429,850
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EXHIBIT B
INSURANCE REQUIREMENTS
Consultant Service Agreement between City of Fresno (City)
and CDM Smith, Inc. (Consultant)
Fresno Sanitary Landfill Groundwater Monitoring and Remedial Action Service
MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:
1. The most current version of Insurance Services Office (ISO) Commercial
General Liability Coverage Form CG 00 01, providing liability coverage
arising out of your business operations. The Commercial General Liability
policy shall be written on an occurrence form and shall provide coverage for
"bodily injury," "property damage" and "personal and advertising injury" with
coverage for premises and operations (including the use of owned and non -
owned equipment), products and completed operations, and contractual
liability (including, without limitation, indemnity obligations under the
Agreement) with limits of liability not less than those set forth under
"Minimum Limits of Insurance."
2. The most current version of ISO *Commercial Auto Coverage Form CA 00
01, providing liability coverage arising out of the ownership, maintenance or
use of automobiles in the course of your business operations. The
Automobile Policy shall be written on an occurrence form and shall provide
coverage for all owned, hired, and non -owned automobiles or other licensed
vehicles (Code 1- Any Auto). If personal automobile coverage is used, the
City, its officers, officials, employees, agents, and volunteers are to be listed
as additional insureds.
3. Workers' Compensation insurance as required by the State of California
and Employer's Liability Insurance.
4. Professional Liability (Errors and Omissions) insurance appropriate to
Consultant's profession. Architect's and engineer's coverage is to be
endorsed to include contractual liability.
MINIMUM LIMITS OF INSURANCE
Consultant, or any party the Consultant subcontracts with, shall maintain limits of liability
of not less than those set forth below. However, insurance limits available to City, its
officers, officials, employees, agents, and volunteers as additional insureds, shall be the
greater of the minimum limits specified herein or the full limit of any insurance proceeds
available to the named insured:
1. COMMERCIAL GENERAL LIABILITY:
(i) $1,000,000 per occurrence for bodily injury and property damage;
(ii) $1,000,000 per occurrence for personal and advertising injury;
(iii) $2,000,000 aggregate for products and completed operations; and,
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(iv) $2,000,000 general aggregate applying separately to the work
performed under the Agreement.
2. COMMERCIAL AUTOMOBILE LIABILITY:
$1,000,000 per accident for bodily injury and property damage.
3. WORKERS' COMPENSATION INSURANCE as required by the State of
California with statutory limits.
4. EMPLOYER'S LIABILITY:
(i) $1,000,000 each accident for bodily injury;
(ii) $1,000,000 disease each employee; and,
(iii) $1,000,000 disease policy limit.
5. PROFESSIONAL LIABILITY (Errors and Omissions):
(i) $1,000,000 per claim/occurrence; and,
(ii) $2,000,000 policy aggregate.
UMBRELLA OR EXCESS INSURANCE
In the event Consultant purchases an Umbrella or Excess insurance policy(ies) to meet
the "Minimum Limits of Insurance," this insurance policy(ies) shall "follow form" and afford
no less coverage than the primary insurance policy(ies). In addition, such Umbrella or
Excess insurance policy(ies) shall also apply on a primary and non-contributory basis for
the benefit of the City, its officers, officials, employees, agents, and volunteers.
DEDUCTIBLES AND SELF -INSURED RETENTIONS
Consultant shall be responsible for payment of any deductibles contained in any
insurance policy(ies) required herein and Consultant shall also be responsible for
payment of any self -insured retentions. Any deductibles or self -insured retentions must
be declared to on the Certificate of Insurance, and approved by, the City's Risk Manager
or designee. At the option of the City's Risk Manager or designee, either:
(i) The insurer shall reduce or eliminate such deductibles or self -insured
retentions as respects City, its officers, officials, employees, agents,
and volunteers; or
(ii) Consultant shall provide a financial guarantee, satisfactory to City's
Risk Manager or designee, guaranteeing payment of losses and
related investigations, claim administration and defense expenses.
At no time shall City be responsible for the payment of any
deductibles or self -insured retentions.
OTHER INSURANCE PROVISIONS/ENDORSEMENTS
The General Liability and Automobile Liability insurance policies are to contain, or be
endorsed to contain, the following provisions:
City, its officers, officials, employees, agents, and volunteers are to be
covered as additional insureds. Consultant shall establish additional insured
status for the City and for all ongoing and completed operations by use of
ISO Form CG 20 10 11 85 or both CG 20 10 10 01 and CG 20 37 10 01 or
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by an executed manuscript insurance company endorsement providing
additional insured status as broad as that contained in ISO Form
CG 20 10 11 85.
2. The coverage shall contain no special limitations on the scope of protection
afforded to City, its officers, officials, employees, agents, and volunteers.
Any available insurance proceeds in excess of the specified minimum limits
and coverage shall be available to the Additional Insured.
3. For any claims relating to this Agreement, Consultant's insurance coverage
shall be primary insurance with respect to the City, its officers, officials,
employees, agents, and volunteers. Any insurance or self-insurance
maintained by the City, its officers, officials, employees, agents, and
volunteers shall be excess of Consultant's insurance and shall not
contribute with it. Consultant shall establish primary and non-contributory
status by using ISO Form CG 20 01 04 13 or by an executed manuscript
insurance company endorsement that provides primary and
non-contributory status as broad as that contained in ISO Form CG
2001 0413.
The Workers' Compensation insurance policy is to contain, or be endorsed to contain, the
following provision: Consultant and its insurer shall waive any right of subrogation against
City, its officers, officials, employees, agents, and volunteers.
If the Professional (,Errors and Omissions) policy is written on a claims -made form:
The retroactive date must be shown, and must be before the effective date of
the Agreement or the commencement of work by Consultant.
1. Insurance must be maintained and evidence of insurance must be provided
for at least five years after completion of the Agreement work or termination
of the Agreement, whichever occurs first, or, in the alternative, the policy
shall be endorsed to provide not less than a five year discovery period.
2. If coverage is canceled or non -renewed, and not replaced with another
claims -made policy form with a retroactive date prior to the effective date of
the Agreement or the commencement of work by Consultant, Consultant
must purchase "extended reporting" coverage for a minimum of five years
completion of the Agreement work or termination of the Agreement,
whichever occurs first.
3. A copy of the claims reporting requirements must be submitted to City for
review.
4. These requirements shall survive expiration or termination of the
Agreement.
All policies of insurance required herein shall be endorsed to provide that the coverage
shall not be cancelled, non -renewed, reduced in coverage or in limits except after thirty
calendar days' written notice by certified mail, return receipt requested, has been given
to City. Consultant is also responsible for providing written notice to the City under the
same terms and conditions. Upon issuance by the insurer, broker, or agent of a notice of
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cancellation, non -renewal, or reduction in coverage or in limits, Consultant shall furnish
City with a new certificate and applicable endorsements for such policy(ies). In the event
any policy is due to expire during the work to be performed for City, Consultant shall
provide a new certificate, and applicable endorsements, evidencing renewal of such
policy not less than fifteen (15) calendar days prior to the expiration date of the expiring
policy.
Should any of these policies provide that the defense costs are paid within the Limits of
Liability, thereby reducing the available limits by defense costs, then the requirement for
the Limits of Liability of these polices will be twice the above stated limits.
VERIFICATION OF COVERAGE
Consultant shall furnish City with all certificate(s) and applicable endorsements
effecting coverage required hereunder. All certificates and applicable endorsements
are to be received and approved by the City's Risk Manager or designee prior to City's
execution of the Agreement and before work commences. All non -ISO endorsements
amending policy coverage shall be executed by a licensed and authorized agent or
broker. Upon request of City, Consultant shall immediately furnish City with a complete
copy of any insurance policy required under this Agreement, including all endorsements,
with said copy certified by the underwriter to be a true and correct copy of the original
policy. This requirement shall survive expiration or termination of this Agreement.
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EXHIBIT C
DISCLOSURE OF CONFLICT OF INTEREST
Fresno Sanitary Landfill Groundwater Monitoring and Remedial Action Services
YES*
NO
1
Are you currently in litigation with the City of Fresno or any of its
❑
bi
agents?
2
Do you represent any firm, organization, or person who is in litigation
❑
❑x
with the City of Fresno?
3
Do you currently represent or perform work for any clients who do
❑
business with the City of Fresno?
4
Are you or any of your principals, managers, or professionals,
owners or investors in a business which does business with the City
❑
of Fresno, or in a business which is in litigation with the City of
Fresno?
5
Are you or any of your principals, managers, or professionals,
related by blood or marriage to any City of Fresno employee who
has any significant role in the subject matter of this service?
6
Do you or any of your subcontractors have, or expect to have, any
interest, direct or indirect, in any other contract in connection with
❑
this Project?
If the answer to any question is yes, please explain in full below.
Explanation:
N/A
D Additional page(s) attached.
su"- h M.ouin.A.
SignatiW " `
1/10/2022
Date
Servando Molina
(Name)
CDM Smith Inc.
(Company)
2300 Clayton Rd, Suite 950
(Address)
Concord, CA 94520
(City, State Zip)