REPORT TO THE CITY COUNCIL April 9, 2020 FROM: MICHAEL CARBAJAL, Director Department of Public Utilities THROUGH: BROCK D. BUCHE, PE, PLS, Assistant Director - UP&E Department of Public Utilities - Utilities Planning & Engineering BY: ANITA LUERA, Supervising Engineering Technician Department of Public Utilities - Utilities Planning & Engineering SUBJECT ..Title Approve the Second Amendment to the professional consultant services agreement with Carollo Engineers, Inc., for preparation of workplans for evaluation of the existing groundwater monitoring well network and arsenic and manganese assessment at the Fresno-Clovis Regional Wastewater Reclamation Facility, increasing the contract amount by $690,050, for a not to exceed amount of $989,337, and extend the completion date from December 10, 2019 to October 29, 2021. (Council District 3 and Citywide) ..Body RECOMMENDATIONS Staff recommends that City Council approve the Second Amendment to the Professional Consultant Services Agreement (Agreement), increasing the contract amount by $690,050, with Carollo Engineers, Inc., (Consultant), to complete the expanded scope of work as required of the previously submitted workplans for regulatory compliance and extend the Agreement duration for the evaluation and assessment project, and authorize the Director of Public Utilities, or designee, to sign the Second Amendment on behalf of the City of Fresno (City). EXECUTIVE SUMMARY On May 21, 2019, the City entered into an Agreement with the Consultant to prepare workplans for the evaluation of the existing groundwater monitoring well network and an arsenic and manganese assessment at the Fresno-Clovis Regional Wastewater Reclamation Facility (RWRF)(Project). These workplans were completed and submitted to the Central Valley Regional Water Quality Control Board (Board) in accordance with Waste Discharge Requirements (WDR) Order R5-2018-0080 which was adopted by the Board on December 13, 2018. As further required by the WDR, an Arsenic and Manganese Groundwater Compliance Assessment Report (Report) shall also be submitted. This Report will be based on the work identified in the previously developed workplan and is due to the Board by June 7, 2021. Failure to submit the Report and to meet the deadlines established by the WDR will result in a non-compliance status for the RWRF. BACKGROUND The Wastewater Management Division operates the RWRF in accordance with WDR Order R5-2018-0080 adopted by the Board on December 13, 2018. The WDR is the regulatory document that establishes numeric or narrative limits on the final effluent of the RWRF and on the receiving groundwater and also contains time-sensitive provisions that are required to be completed in order for the City to remain in compliance with the WDR. Provision J of the WDR provides a compliance schedule for submission of a series of workplans and reports to the Board for approval. On May 21, 2019, the City entered into a $250,000 Agreement with the Consultant to prepare workplans for evaluations of the existing groundwater monitoring well network, and an arsenic and manganese assessment at the RWRF. On October 25, 2019, City Council approved the First Amendment to the Agreement in the amount of $49,287 expanding the scope of services to include arsenic and manganese water quality sampling of domestic and agricultural wells in the vicinity of the RWRF along with sampling for nitrates, as required by the Board. In accordance with the compliance schedule, the Groundwater Monitoring Well Network Evaluation and Well Installation Workplan and Arsenic and Manganese Groundwater Compliance Assessment Workplan were submitted to the Board on December 9, 2019. As per Provision J of the WDR, the Report is also required to be submitted to the Board for approval by June 7, 2021. This Report shall be prepared in accordance with the approved Arsenic and Manganese Groundwater Compliance Assessment Workplan. The Second Amendment will allow the Consultant to immediately begin preparation of the Report and supporting investigations based on the previously submitted workplans. Failure to submit the Report and to meet the deadlines established by the Board will result in a non-compliance status of the RWRF. Approval of the Second Amendment will extend the work completion date from December 10, 2019 to October 29, 2021, and increase the total value of the Agreement to $989,337. The City Attorney's Office has reviewed the Second Amendment and approved as to form. Upon approval by the City Council, the Second Amendment will be executed by the Director of Public Utilities, or designee. ENVIRONMENTAL FINDINGS Pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15378(b)(5), this is not a "project" for the purpose of CEQA, as this is an organizational or administrative action of the government to enforce an existing obligation, and will not result in a direct or indirect physical change in the environment. LOCAL PREFERENCE Local preference does not apply to this action because this is an amendment to an existing agreement. FISCAL IMPACT There is no impact to the General Fund. This Project is located in Council District 3 and provides Citywide benefits. Funding for the Second Amendment of the Agreement is included in the Wastewater Management Division's Operations and Maintenance budget within the Wastewater Enterprise Fund 40501. The total contracted price for this Amendment is $690,050 of which $193,977 has been appropriated in the Fiscal Year 2020 budget, and $496,073 is scheduled to be appropriated in the Fiscal Year 2021 budget contingent upon adoption by the City Council. Attachments: Attachment 1 - Memorandum - Uniquely Qualified Consultant Attachment 2 - Second Amendment to Agreement Attachment 3 - Original Consultant Agreement and First Amendment to Agreement