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Agenda Item
ASR
Control 20-001132 |
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MEETING DATE: |
01/26/21 |
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legal entity taking action: |
Board of Supervisors |
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board of supervisors
district(s): |
2, 3 |
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SUBMITTING
Agency/Department: |
OC Waste & Recycling (Approved) |
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Department contact
person(s): |
Tom Koutroulis (714) 834-4122 |
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David Tieu (949) 551-7102 |
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Subject: Renew and Amend Contract for
Landfill Gas Services for Central Region Landfills
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ceo CONCUR |
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Clerk of the Board |
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Concur |
Approved Agreement to Form |
Discussion |
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3 Votes Board Majority |
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Budgeted: Yes |
Current Year Cost:
$2,500,000 |
Annual Cost:
FY 2021-22 $2,500,000 |
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Staffing Impact: |
No |
# of Positions:
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Sole Source:
No |
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Current Fiscal Year Revenue: N/A
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Prior Board Action: 05/05/2020
#41; 04/10/2018 #30 |
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RECOMMENDED ACTION(S):
Authorize the County Procurement Officer or authorized Deputy to execute Contract Amendment Number Two with Tetra Tech BAS, Inc. to increase the Contract in the amount of $2,500,000 for the cost of repairing significant damages sustained in the Silverado Fire; and to renew the Contract for one year, effective April 10, 2021, through April 9, 2022, in the amount of $2,500,000, for a revised cumulative Contract total not to exceed $14,900,000, renewable for one additional one-year term not to exceed $2,500,000, effective upon Board of Supervisors approval and execution of all necessary signatures.
SUMMARY:
Authorization to execute Amendment Number Two to Contract with Tetra Tech BAS, Inc. will allow OC Waste & Recycling to obtain necessary emergency repair, on-going operation and maintenance services of the landfill gas collection and control systems; and will support continued landfill operations and maintain compliance with state and federal regulations at the Central Region Landfills.
BACKGROUND INFORMATION:
OC Waste & Recycling (OCWR) is responsible for managing the County of Orange’s (County) solid waste disposal system including Central Region Landfills that consist of the active Frank R. Bowerman (FRB) Landfill and five closed solid waste disposal sites. The FRB Landfill was opened in 1990 to meet the solid waste disposal needs of the central portion of Orange County.
Landfill Gas (LFG) is a natural byproduct of decomposing waste and is comprised primarily of methane and carbon dioxide that requires constant maintenance. LFG collection systems are a network of vertical and horizontal collection pipes operated under vacuum to extract the LFG generated by the waste prism. Depending on the landfill’s LFG system, the extracted gas is burned in the flare system, beneficially used for LFG utilization projects or cleaned and vented. Regulations require OCWR to control LFG to prevent emissions or migration off site. Failure to comply with regulations could result in fines and penalties.
OCWR has the need to add professional services to provide LFG services, which include system diagnostics and repairs; sampling, testing and reporting for surface, subsurface and ambient air emissions; operation and maintenance of the LFG collection and control systems; implementation of mitigation measures; and as-needed services to support compliance with regulatory requirements.
On April 10, 2018, as a result of an Invitation for Bids, the Board of Supervisors (Board) approved Contract MA-299-18011418 (Contract) with Tetra Tech BAS, Inc. (Contractor) to provide LFG Services at Central Region Landfills for a three-year term, effective April 10, 2018, through April 9, 2021, in an amount not to exceed $7.5 million, renewable for two additional one-year terms not to exceed $2.5 million each year.
On May 5, 2020, as a result of unforeseen major repairs and required upgrades to the existing gas collection system at the FRB Landfill, the Board approved Amendment Number One which increased the Contract monetary limit by $2.4 million for a revised cumulative total not to exceed of $9.9 million. This amendment allowed for routine operations and maintenance to continue as well as continuing to address unanticipated regulatory issues (e.g. methane exceedance in probes) and requirements and continue to protect the residents and environment of Orange County.
On October 26, 2020, multiple uncontained wildfires erupted across the County of Orange. High wind, high temperature and low humidity created conditions, which triggered Red Flag Advisories and Public Safety Power Shutoff Program implementation by local power companies as early as Friday, October 23, 2020. On October 26, 2020, at approximately 6:47 a.m., the Silverado Fire was reported, and then at 12:56 p.m., the Blue Ridge Fire was reported. Public agencies, businesses and thousands of residents were impacted by the winds, power outages and the fires. The Silverado Fire ignited approximately 2.5 miles northeast of the FRB Landfill and eventually encroached onto the property and caused major fire damage to the facility.
The LFG Collection System sustained significant damage due to the Silverado Fire. Damage to the system included headers, condensate lines, gas collection wells and gas lines. As soon as it was safe to do so, a thorough damage assessment of the system was completed and emergency contract provisions were enacted to allow for immediate repairs to expeditiously bring the system back online. Emergency repair work and orders were issued in compliance with Contract MA-299-18011418 Additional Terms and Conditions 27, “County Declared Emergency” and Scope of Work Item III.2, “Non-Routine Unscheduled Emergency Services,” as well as Contract Policy Manual (CPM) Section 3.3-123, “Emergencies.”
Approval of Amendment Number Two will: (1) immediately increase the monetary limit by $2.5 million of the current three-year term allowing for emergency repairs sustained from the Silverado Fire; and (2) renew the Contract for one-year, effective April 10, 2021, through April 9, 2022, in an amount not to exceed $2.5 million. The increase and renewal included in Amendment Number Two results in a revised cumulative total not to exceed $14.9 million. Approval of this Contract amendment and renewal allows for the repair of damages caused by the Silverado Fire and ensures routine operations and maintenance of the LFG system continues uninterrupted for the Central Region Landfills. Amendment Number Two is necessary to ensure OCWR has continued support for landfill operations to maintain compliance with strict state and federal regulations.
The Contractor's performance has been confirmed as at least satisfactory. OCWR verified there are no concerns that must be addressed with respect to Contractor's ownership/name, litigation status or conflicts with County interests.
This Contract includes subcontractors. See Attachment C for information regarding subcontractors and Contract Summary Form.
Compliance with CEQA: On April 10, 2018, the Board found that the proposed action is Categorically Exempt (Class 1) from the provisions of CEQA pursuant to Section 15301 of the CEQA Guidelines, since Class 1 (Existing Facilities) consists of the operation, repair, maintenance, permitting, leasing, licensing or minor alteration of existing public or private structures, facilities, mechanical equipment or topographic features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. In addition, the proposed action is also Categorically Exempt (Class 4) from the provisions of CEQA pursuant to Section 15304 of the CEQA Guidelines, since Class 4 (Minor Alterations to Land) involves minor alterations to land. Also, the proposed action is also Categorically Exempt (Class 7) from the provisions of CEQA pursuant to Section 15307 (Actions by Regulatory Agencies for Protection of Natural Resources), since Class 7 consists of actions taken by a public agency for the protection of natural resources. The proposed action is also Categorically Exempt (Class 8) from the provisions of CEQA pursuant to Section 15308 (Actions by Regulatory Agencies for Protection of the Environment), since Class 8 consists of actions taken by a public agency for the protection of the environment. The proposed action will allow for the operation, maintenance, repair and testing of the landfill gas collection systems at Central Region landfills, which is consistent with a Class 1, Class 4, Class 7 and Class 8 Categorical Exemption determination.
FINANCIAL IMPACT:
Appropriations for this Amendment Number Two are included in the FY 2020-21 Budget for OC Waste & Recycling Enterprise Fund 299 for Contingency, and will also be included in the budgeting process for FY 2021-22. The Contract includes a provision stating the Contract is subject to, and contingent upon, applicable budgetary appropriations being approved by the Board for each fiscal year during the term of this Contract. If such appropriations are not approved, this Contract may be immediately terminated without penalty to the County.
STAFFING IMPACT:
N/A
ATTACHMENT(S):
Attachment A – Redline Contract MA-299-18011418 Tetra Tech
BAS, Inc.
Attachment B – Contract MA-299-18011418 Tetra Tech BAS, Inc. Amendment Two
Attachment C – Contract Summary Form