REPORT TO THE CITY COUNCIL FROM: BROCK D. BUCHE, PE, PLS, Director Department of Public Utilities BY: JESUS A. GONZALEZ, PE, Public Utilities Manager Department of Public Utilities - Utilities Planning & Engineering ANITA LUERA, Supervising Engineering Technician Department of Public Utilities - Utilities Planning & Engineering SUBJECT ..Title Approve the Fourth Amendment to the professional consultant services agreement with Carollo Engineers, Inc., to expand the scope of services and increase the contract amount by $111,810 for a total fee not to exceed $1,101,141 (Council District 3). ..Body RECOMMENDATIONS Staff recommends that City Council approve the Fourth Amendment to the professional consultant services agreement (Agreement) with Carollo Engineers, Inc., (Consultant), increasing the contract amount by $111,810, for a total fee not to exceed $1,101,141, to modify the Arsenic and Manganese Groundwater Compliance Assessment Report (As/Mn Report) in accordance with changes required by the Central Valley Regional Water Quality Control Board (Regional Board), evaluate water quality data relevant to the As/Mn Assessment, and prepare the first Annual Monitoring Report which is due to the Regional Board on February 1, 2023; and authorize the Director of Public Utilities, or designee, to sign the Fourth Amendment on behalf of the City of Fresno (City). EXECUTIVE SUMMARY The Wastewater Management Division operates the Fresno-Clovis Regional Wastewater Reclamation Facility (RWRF) in accordance with Waste Discharge Requirements Order R5-2018-0080 (WDR) which is administered by the Regional Board. To remain in compliance with the requirements, the City entered into an Agreement with the Consultant to prepare various workplans and reports following the schedule established by the WDR. The Fourth Amendment to the Agreement will expand the scope of services to allow for (1) modification of the As/Mn Report in accordance with changes required by the Regional Board; (2) evaluation of water quality data relevant to the Arsenic and Manganese Groundwater Compliance Assessment (As/Mn Assessment) to determine if the newly constructed monitoring wells fulfill their intended purpose and also to (3) identify any impact the RWRF may have on nearby domestic wells; and (4) the preparation of the first Annual Monitoring Report which is due to the Regional Board on February 1, 2023. Failure to submit the Annual Monitoring Report and meet the deadline established by the Regional Board will result in a non-compliance status of the RWRF. The Fourth Amendment will increase the total contract amount by $111,810 for a total fee not to exceed $1,101,141. BACKGROUND The Wastewater Management Division operates the RWRF in accordance with the WDR which is administered by the Regional Board. The WDR is the regulatory document that establishes limits on final effluent discharges from the RWRF and on the receiving groundwater. Provision J of the WDR provides a schedule for a series of workplans and reports to be completed by the City in order to remain in compliance with the requirements. On May 21, 2019, the City entered into a $250,000 Agreement with the Consultant to prepare workplans for evaluation of the existing groundwater monitoring well network and an arsenic and manganese assessment at the RWRF (Workplans) as required by the WDR. As part of this effort, the Regional Board further required that the City conduct arsenic and manganese water quality sampling of domestic and agricultural wells in the vicinity of the RWRF. As such, on October 25, 2019, City Council approved the First Amendment to the Agreement in the amount of $49,287 to expand the scope of services. On April 9, 2020, City Council approved the Second Amendment to increase the total fee by $690,044 and extend the Agreement term to October 29, 2021. The Second Amendment expanded the scope of services to include support during implementation of the As/Mn Assessment in accordance with the approved Workplans as well as completion of the As/Mn Report as required by the WDR. Also in accordance with the approved Workplans, the City began construction of additional wells within the existing groundwater monitoring well network to improve monitoring capabilities in the vicinity of the RWRF. On October 14, 2021, City Council approved the Third Amendment to the Agreement, expanding the scope of services to include Consultant support during construction of the monitoring wells and review of groundwater data collected from the new wells and other wells. The Third Amendment utilized the remaining funds in the Agreement and extended the term to December 31, 2023. The Regional Board has reviewed the submitted As/Mn Report and has required that modifications be made to the information provided. A Fourth Amendment will be necessary to capture the additional effort required by the Consultant to modify the As/Mn Report and will further expand the scope of services to allow for the evaluation of water quality data relevant to the As/Mn Assessment to determine if the newly constructed monitoring wells fulfill their intended purpose and also to identify any impact the RWRF may have on nearby domestic wells. The Fourth Amendment will additionally allow for the preparation of the first Annual Monitoring Report, which is due on February 1, 2023, to inform the Regional Board of the RWRF's performance and conformance data. Failure to submit the Annual Monitoring Report and to meet the deadlines established by the Regional Board will result in a non-compliance status of the RWRF. The Fourth Amendment to the Agreement will increase the total contract amount by $111,810 for a total fee not to exceed $1,101,141. The City Attorney's Office has reviewed the Fourth Amendment and approved as to form. Upon approval by the City Council, the Fourth 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 consultant services agreement. FISCAL IMPACT There is no impact to the General Fund. Funding for the Agreement is included in the Wastewater Management Division's Operations and Maintenance budget within the Wastewater Enterprise Fund 40501. No additional appropriations are necessary. The RWRF is located in Council District 3, however, the benefit of the services described is citywide. Attachments: Attachment 1 - Fourth Amendment to Agreement Attachment 2 - Third Amendment to Agreement Attachment 3 - Second Amendment to Agreement Attachment 4 - First Amendment to Agreement Attachment 5 - Original Agreement