DATE: May 23, 2023
TO: Board of Supervisors
SUBMITTED BY: Steven E. White, Director
Department of Public Works and Planning
SUBJECT: Second Amendment to Agreement No. 16-241 with Tetra Tech BAS, Inc. to provide Operation, Maintenance, Monitoring and Regulatory Reporting for Landfill Gas Collection and Control System at American Avenue Disposal Site
RECOMMENDED ACTION(S):
TITLE
Approve and authorize Chairman to execute a Second Amendment to Agreement No. A-16-241 with Tetra Tech BAS, Inc., for its continued operation, maintenance, monitoring and regulatory reporting for the LFGCCS at AADS, extending the term by 8 months from June 1, 2023 through January 31, 2024 and increasing the maximum by $342,479.00 to a total of $4,067,549.00.
REPORT
Approval of the recommended action will authorize a second amendment to allow Tetra Tech BAS, Inc. (TTBAS) to continue providing for the operation and maintenance of the Landfill Gas Collection and Control System (LFGCCS) at the American Disposal Site (AADS). This item pertains to a location in District 1.
ALTERNATIVE ACTION(S):
There is no viable alternative action. If the recommended action is not approved, TTBAS will not be able to continue providing operation, maintenance, monitoring and regulatory reporting for the LFGCCS at AADS, which could result in surface emissions and subsurface migration of landfill gas, which in turn would expose the County to fines of up to $10,000 per day for violation of regulatory requirements and negatively impact public health and safety.
FISCAL IMPACT:
There is no Net County Cost associated with the recommended action. The AADS is maintained through the AADS Enterprise Fund 0700. Sufficient appropriations and estimated revenues are included in the Department of Public Works and Planning - Resources Org 9026 FY 2022-23 Adopted Budget and will be requested in subsequent budgets for the duration of the extended contract term.
DISCUSSION:
The LFGCCS was constructed in 2003 and Federal and State law mandate the performance of specific maintenance, monitoring and reporting actions on a recurring schedule for landfill gas control systems. The County contracts out the operation and maintenance of the LFGCCS as the mandated testing and monitoring requires the use of expensive, specialized equipment and training not possessed by County staff.
On May 25, 2021, the Board approved the first amendment to the Agreement to extend for an additional two-year term and increase the maximum annual compensation for TTBAS to provide additional necessary services relating to the implementation of necessary modifications to the LFGCCS, both in preparation for and concurrently with the ongoing Phase I Waste Relocation Project at AADS.
Due to the heavy rainfall the County has experienced this year, the Phase I Waste Relocation Project will not be completed by the current amended agreement term of May 31, 2023. Staff is recommending that the agreement term be further extended for an additional 8-month term, from June 1, 2023 to January 31, 2024 and the contract maximum be increased by $342,479.00, which will increase the maximum to a total of $4,067,549.00. This additional term extension is intended to provide adequate time for completion of the Phase I Waste Relocation project, while ensuring against any disruption to the ongoing operation, maintenance, and regulatory compliance of the LFGCCS while that project is in progress.
REFERENCE MATERIAL:
BAI #55, May 25, 2021
BAI #63, May 24, 2016
ATTACHMENTS INCLUDED AND/OR ON FILE:
On file with Clerk - Second Amendment to Agreement No.16-241
CAO ANALYST:
Salvador Espino