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File #: 19-1625    Name: Third Amendment to Agreement
In control: Public Works & Planning
On agenda: 2/4/2020 Final action: 2/4/2020
Enactment date: Enactment #: Agreement No. 20-062
Title: Approve and authorize Chairman to execute Agreement with Stantec Consulting Services, Inc., for required groundwater monitoring, sampling and reporting at the Blue Hills Disposal Facility, extending the term by two years from March 31, 2020 to March 31, 2022 and increasing the maximum by $77,000 to a total of $210,000.
Attachments: 1. Agenda Item, 2. Agreement A-20-062 with Stantec Consulting Services, Inc.

 

DATE:                     February 4, 2020

 

TO:                     Board of Supervisors

 

SUBMITTED BY:                     Steven E. White, Director

                     Department of Public Works and Planning

 

SUBJECT:                     Agreement with Stantec Consulting Services, Inc. for Groundwater Sampling, Monitoring and Reporting at Blue Hills Disposal Site

 

RECOMMENDED ACTION(S):

TITLE

Approve and authorize Chairman to execute Agreement with Stantec Consulting Services, Inc., for required groundwater monitoring, sampling and reporting at the Blue Hills Disposal Facility, extending the term by two years from March 31, 2020 to March 31, 2022 and increasing the maximum by $77,000 to a total of $210,000. 

REPORT

Approval of the recommended action will allow the consultant to continue its performance, including the completion of two Groundwater Monitoring Reports mandated by the State for the Blue Hills Disposal Facility (BHDF). This item pertains to a location in District 4.

 

ALTERNATIVE ACTION(S):

 

If the recommended action is not approved, the County will need to complete another Request for Proposal (RFP) and thus be unable to comply in a timely manner with the requirements for Groundwater Monitoring Reports imposed by the State for the Postclosure Maintenance Plan and Waste Discharge Requirements for the BHDF. Failure to comply could potentially result in fines of up to $70,000 per day from the date of violation.

 

FISCAL IMPACT:

 

There is no Net County Cost associated with the recommended action. The BHDF is maintained through the Resources Enterprise Fund 0701. Sufficient appropriations and estimated revenues are included in the Department of Public Works and Planning - Resources Org 9015 FY 2019-20 Adopted Budget and will be requested in budgets for the duration of the term.

 

DISCUSSION:

 

During the late 1960’s the Federal Government conducted research which revealed that pesticide container disposal posed an environmental problem. In response to the problem, the Federal Government encouraged state and local governments to strengthen rules controlling their disposal. In 1970, the State of California requested the County to develop a pesticide disposal site to address the problem of illegal disposal. The BHDF opened as a Class I Hazardous Waste Disposal Site in 1973. The site is located approximately nine miles north of Coalinga in the Coast Range Foothills.

 

In 1991 the site ceased accepting waste. Closure construction consisting of a clay cap was accomplished from September to December 1992 and a Postclosure Permit was eventually granted in 2007, 15 years after closure. Oversight responsibilities regarding regulatory compliance for the BHDF are shared by the California Department of Toxic Substances Control (DTSC) and the California Regional Water Quality Control Board, Central Valley Region, (RWQCB). Groundwater monitoring at the site is required by Title 23, California Code of Regulations and the site Waste Discharge Requirements, Order No. 99-087, issued by RWQCB.

 

The term of the current Agreement (Procurement Agreement No. P-13-612-G) with Stantec Consulting Services, Inc. (Stantec) was extended on two prior occasions, on August 24, 2016 with approval of the First Amendment and most recently on October 9, 2018 with approval of the Second Amendment. Stantec has been involved throughout the lengthy and complex Postclosure Permit renewal process, including discussions with DTSC and RWQCB. 

 

As of June 6, 2019, DTSC approved the County’s application for renewal of the Postclosure Permit for the BHDF. As part of that approval, DTSC revised and updated the Groundwater Monitoring Plan/Sampling and Analysis Plan for Corrective Action (SAP).  Conversely, RWQCB has not approved the revised updated SAP approved by DTSC. This action establishes two SAPs for the site, one approved by DTSC and another approved by RWQCB, each imposing different sampling and reporting criteria. RWQCB instructed the County to continue to use the RWQCB-approved SAP until a revised Waste Discharge Requirement (WDR) incorporating the DTSC-approved SAP is adopted. As a result, the current regulatory requirement is to comply with two different SAPs, as the County is required to submit one version of the Semi-Annual Groundwater Detection Monitoring Reports (DMR) to the RWQCB and another to the DTSC.  This dual requirement will remain in effect until the RWQCB adopts the new WDR incorporating the DTSC-approved SAP, which Department staff anticipates will take a minimum of two years.

 

On September 26, 2019, Stantec submitted a proposal detailing additional services designed to meet the dual DMR criteria. Stantec has partnered with the County for approximately 11 years for services at the BHDF and has been involved in a prominent role throughout the permit renewal process. As such, Stantec fully understands the challenges involved in satisfying the two sets (DTSC and RWQCB) of DMR requirements with which the County must comply.

 

Department staff is recommending that the agreement term be extended for an additional two years, from March 30, 2020 to March 31, 2022 and the contract maximum be increased by $77,000, which will increase the maximum to a total of $210,000. This amendment will provide adequate time to comply with the recently revised requirements listed in the renewed Postclosure Permit and sufficient funding for the additional necessary consultant services.

 

REFERENCE MATERIAL:

 

BAI #46 October 9, 2018

Amendment 1, August 24, 2016

Procurement P-13-612-G, October 13, 2013

BAI #66, October 7, 2008

 

ATTACHMENTS INCLUDED AND/OR ON FILE:

 

On file with Clerk - Agreement with Stantec Consulting Services, Inc

 

CAO ANALYST:

 

Sonia M. De La Rosa