Fremont City Council Meeting: 05/09/23 07:00 PM
3300 Capitol Avenue Div/Dept: Public Works
Fremont, CA 94538 Category: Agreements and Contracts
SCHEDULED
Sponsors:
COUNCIL STAFF REPORT (ID # 4881) DOC ID: 4881
Updated: 5/4/2023 3:18 PM by Alberto Quintanilla Page 1 CENTERVILLE UNIFIED SITE REMEDIATION - Approval of Amendment No. 6 with TRC Engineers, Inc. in an Amount Up to $205,000 for Additional Environmental Remediation Services at the Centerville Unified Site Located at 37070 Fremont Boulevard (PWC8812); Find the Action is Exempt from CEQA Review Contact Persons:
Name: Jeanne Suyeishi Hans Larsen
Title: Senior Civil Engineer Public Works Director
Div/Dept: Public Works Public Works
Phone: 510-494-4728 510-494-4722
E-Mail: [email protected] [email protected]
Executive Summary: The purpose of this report is to provide an update on the remediation of the Centerville Unified Site and to facilitate the completion of environmental remediation services.
BACKGROUND: In July 2010, tetrachloroethylene in the form of soil vapor was detected at the Centerville Unified Site at 37070 Fremont Boulevard requiring active remediation with a recommendation for a soil-vapor extraction (SVE) system.
In April 2014, City Council authorized a Service Agreement with TRC Engineers, Inc. (TRC) to prepare construction plans and construction oversight for the removal of the underground utility corridor at the Centerville Unified Site, and to prepare construction plans for the full - scale SVE system, which included 34 vapor extraction wells.
Subsequent council actions with TRC for this contract are as follows:
• In December 2015, City Council authorized Amendment No. 1 with TRC Engineers, Inc. for the first year of construction oversight of the SVE system, SVE equipment rental, and the start of environmental remediation.
• Amendment No. 2 was authorized by City Manager for an additional three months of environmental remediation services.
• In September 2017, City Council authorized Amendment No. 3 for an additional year of environmental remediation services.
• In September 2018, City Council authorized Amendment No. 4 to continue TRC’s environmental remediation services for another year.
• Amendment No. 5 was approved by City Council in November 2020 for continued services and preparation of site closure.
These services with TRC have totaled $1,933,402.
DISCUSSION/ANALYSIS: In October 2016, a full-scale soil vapor remediation system was installed at the Centerville Unified Site, which is the site of the Artist Walk development. TRC has been actively providing environmental remediation services over the past seven years. In February 2021, the SVE system was shut down and post monitoring sampling was performed by TRC.
Council Staff Report (ID # 4881) Meeting of May 9, 2023 Updated: 5/4/2023 3:18 PM by Alberto Quintanilla Page 2 In January 2022, Alameda County Water District (ACWD) as the oversight agency issued a concurrence letter to terminate SVE operation, and the SVE system was demobilized in March 2022. ACWD also requested additional soil vapor confirmation activities supporting site closure. TRC submitted a Revised Workplan in April 2022 to ACWD for review. Several meetings were held between ACWD and the City, but concurrence on the Draft Workplan could not be reached.
In November 2022, the oversight of this case was transferred from ACWD to the Regional Water Quality Control Board (RWQCB). RWQCB acts in the capacity as the responsible agency with the authority to issue a closure letter or low-threat closure letter upon satisfaction of the remediation work.
In April 2023, RWQCB conditionally approved a revised soil vapor sampling and closu re work plan to test for rebounding to ensure that conditions have stabilized. In April 2023, the City concurred with their directive and acceptance of additional confirmation work
The amount of $205,000 is needed to complete post-shutdown confirmation sampling, evaluation and case closure reports, agency coordination and decommissioning of the system. It is recommended that the City Manager be authorized to amend a contract with TRC Engineers (Amendment 6) to increase services and compensation by $205,000, from $1,933,402 to $2,138,402.
Upon RWQCB’s approval of a “no further action letter” of the environmental remediation work, additional remaining work would involve removal of the remediation system and repaving of the adjacent Carl’s Jr’s parking lot.
FISCAL IMPACT: The environmental services costs were an obligation of the Successor Agency of the former Redevelopment Agency. The City and the Successor Agency entered into the Centerville Unified Site Remediation Services and Funding Agreement dated as of September 17, 2013, by which the City accepted responsibility for performing the remediation work. The City would pay the costs of the remediation work from the remaining fund balance in Fund 551 (which has been drawn down) and draw funds from the escrow account for this effort. The remaining escrow balance is $654,706 and is currently held in an escrow account with North American Title. The remaining fund balance is sufficient to complete the remediation work, its final closure, and any staff administration costs.
ENVIRONMENTAL REVIEW: The recommended action is exempt from the California Environmental Quality Act (CEQA) because it is an administrative fiscal activity and not a project pursuant to CEQA Guidelines section 15378.
As a separate and independent basis for CEQA compliance, on March 16, 2010, the City Council adopted Ordinance No. 5-2010, approving the Consolidated Amended and Restated Redevelopment Plan for the Fremont Merged Redevelopment Project, including Irvington, Niles, Centerville and Industrial Area (the "Redevelopment Plan") for the Fremont Merged Redevelopment Project Area, within which the Centerville Unified Site is located. The Redevelopment Plan expressly provides for the remediation of the contaminants related to the Centerville Unified Site. In connection with adoption of the Redevelopment Plan and to comply with the requirements of the California Environmental Quality Act and the implementing state and local guidelines (collectively, "CEQA"), the City Council and the Council Staff Report (ID # 4881) Meeting of May 9, 2023 Updated: 5/4/2023 3:18 PM by Alberto Quintanilla Page 3 Board of the RDA (as predecessor to the Successor Agency) considered, certified and made findings (the "CEQA Findings", including adopting the required mitigation monitoring program, as fully set forth in concurrent City Council and RDA Resolutions 2010 -13 and 2014-14, respectively, dated March 2, 2010) related to the Environmental Impact Report (the "EIR") prepared for the Redevelopment Plan, including the remediation of the contaminants related to the Centerville Unified Site.
Because the remediation of the contaminants, in accordance with the Centerville Unified Site Services and Funding Agreement, is a part of the project evaluated in the EIR and the CEQA Findings, and because none of the conditions requiring further CEQA documentation pursuant to State CEQA Guidelines Section 15162 have occurred, the EIR and the CEQA Findings may serve as the CEQA document for consideration and implementation of the remediation work. In addition, on January 14, 2014, a Mitigated Negative Declaration (Artist Walk, PLN2013-00269) was adopted for the development of the site with a mixed- use project.
ATTACHMENTS: None.
RECOMMENDATION: Authorize the City Manager or designee to execute Amendment No. 6 to the Service Agreement between the City of Fremont and TRC Engineers, Inc. in an amount up to $205,000 for additional environmental remediation services and site closure.