City Council Memorandum
TO: HONORABLE MAYOR AND CITY COUNCIL DATE: DECEMBER 20, 2022 FROM: PUBLIC WORKS DEPARTMENT WARDS: ALL
SUBJECT: FIRST AMENDMENT TO PROFESSIONAL CONSULTANT SERVICES AGREEMENT FOR ADDITIONAL MONITORING, REPORTING, AND ASSOCIATED OPERATION SERVICES FOR THE CLOSED TEQUESQUITE LANDFILL GAS COLLECTION SYSTEM AND FLARE WITH ECOTEC SOLUTIONS, INC. OF COLTON, CALIFORNIA IN THE AMOUNT OF $144,840 FOR A REVISED TOTAL CONTRACT AMOUNT OF $408,368.40 ISSUE:
Approve the First Amendment to a Professional Consultant Services Agreement with ECOTEC Solutions, Inc. of Colton, California for additional monitoring, reporting, and associated operation services for the closed Tequesquite Landfill gas collection system and flare in the amount of $144,840 for a revised total contract amount of $408,368.40.
RECOMMENDATIONS:
That the City Council:
Approve a First Amendment to a Professional Consultant Services Agreement with ECOTEC Solutions, Inc. of Colton, California for additional monitoring, reporting, and associated operation services for the closed Tequesquite Landfill gas collection system and flare in the amount of $144,840 for a revised total contract amount of $408,368.40; Authorize the City Manager, or designee, to execute the First Amendment to the Professional Consultant Services Agreement and any additional documents necessary for the Agreement, including amendments and extensions and making minor and non-substantive changes, provided amounts are included in subsequent approved budgets.
BACKGROUND:
The closed Tequesquite Landfill (Landfill) is a 120-acre Class III landfill owned and operated by the City of Riverside. The Landfill was active from 1947 until 1985 and is maintained in its closed state through a site-specific Closure/Post-closure Maintenance Plan (Maintenance Plan) approved by the California Department of Resources Recycling and Recovery, the Riverside County Department of Environmental Health and the California Regional Water Quality Control Board. The Maintenance Plan describes post-closure activities necessary to comply with the requirements of Title 14 of the California Code of Regulations, Title 23 of the California Code of Regulations, and Title 40 of the Code of Federal Regulations, each administered separately by the aforementioned agencies having jurisdiction.
The Maintenance Plan requires the City to maintain the landfill as a closed site and complete the following ongoing activities: 1. Landfill gas collection and migration control which includes collection, destruction, monitoring and reporting of methane gas produced by the landfill; and 2. Groundwater quality monitoring at, and within, the vicinity of the landfill.
On May 13, 2021, staff issued a Request for Proposals (RFP) No. 2097 for a qualified firm to provide regulatory required operations, maintenance, monitoring, and reporting services for the Landfill, the associated gas collection system, and flare station.
On November 2, 2021, the City Council awarded RFP No. 2097 to ECOTEC Solutions, Inc. of Colton, California (ECOTEC). ECOTEC was selected as the most qualified respondent due to a demonstrated ability to perform the items required in the scope of work, project approach, and cost of services. The two-year agreement with ECOTEC was approved at an annual cost of $87,842.80 per fiscal year through June 30, 2024, for a total contract amount of $263,528.40.
DISCUSSION:
Current Issue
On July 26, 2022, Public Works Maintenance staff were called to examine the flare facility at the closed Tequesquite Landfill (Landfill). Staff identified an issue with the flare gas compressor and determined it needed to be rebuilt.
On August 1, 2022, staff engaged the compressor manufacturer and repair company, McKenna, to initiate compressor rebuild. Sufficient funding is available in the existing Landfill maintenance budget and is anticipated to be completed by April 2023. As is a common best practice, the flare burner will also be replaced simultaneously with the rebuilt compressor.
The failed compressor is a necessary and critical component of the flare system. The flare is used to mitigate gas generated from the Landfill. Due to the inoperability of the flare, staff petitioned the South Coast Air Quality Management District (SCAQMD) for an Interim Variance from the applicable rules and regulations and permit to operate for the flare and the testing requirements therein.
On October 4, 2022, SCAQMD granted the City the requested variance. As conditions of their approval, SCAQMD required the City to immediately begin a schedule of heightened and more stringent sampling and monitoring for the duration of the compressor outage along with follow-up sampling to confirm a successful repair. ECOTEC Solutions Inc. has begun performing the accelerated monitoring under their existing agreement.
On October 5, 2022, staff received a quote requested from ECOTEC to continue the SCAQMD required variance monitoring for the duration of the variance period along with a return to their normal contract obligations thereafter in the amount $144,840. An amendment to the existing agreement is requested to cover the additional costs. The scheduled repairs will place the Landfill back in compliance.
Section 1104 of Purchasing Resolution 23914 allows for modifications to Purchase Orders and contracts when “modifying contract completion time or the term of a Contract” as well as when “modifying unit pricing” and states that Awarding Entity approval is required when a modification is made that adds an amount greater than 10% of the original contract price for Contracts and/or Purchase Orders or when it exceeds an amount previously approved by the Awarded Entity.
Long-term Strategy
Staff recommends a full replacement of the compressor units in the future with quieter, reduced flowrate units sufficient to manage current and future gas production. The anticipated cost is $1,000,000. New units would extend the useful life of the gas collection system, significantly reduce the potential for future variances, non-compliance, or related heightened monitoring, and reduce noise levels for adjacent residents. Staff are currently working to identify an appropriate funding source for a full replacement of the compressor units.
The Purchasing Manager concurs that the recommended action to approve the amendment is in compliance with Purchasing Resolution 23914.
STRATEGIC PLAN ALIGNMENT:
This item contributes to Strategic Priority 5 – High Performing Government and Strategic Priority 6 – Infrastructure, Mobility, and Connectivity and Goal 6.2 – Maintain, protect, and improve assets and infrastructure within the City’s built environment to ensure and enhance reliability, resiliency, sustainability, and facilitate connectivity.
This item aligns with each of the Cross-Cutting Threads as follows:
Community Trust – Staff acted quickly to address the malfunctioning flare unit and secured a timely variance from SCAQMD to ensure any deficiencies are monitored and reported.
Equity – This amended agreement supports efforts to protect public health and the environment by ensuring the closed Tequesquite Landfill is compliant and aligns with local laws and regulations along with disclosure of any periods of non-compliance.
Fiscal Responsibility – The amended agreement with ECOTEC represents the most economical means to meet SCAQMD’s requirements for additional monitoring and sampling under the approved variance.
Innovation – This agreement exemplifies a collaborative partnership between the City, SCAQMD, and ECOTEC Solutions, Inc., to support regularity compliance, monitoring, and reporting services for the closed Tequesquite Landfill.
Sustainability & Resiliency – This agreement supports continual monitoring and evaluation of the closed Tequesquite Landfill to meet current and future laws and regulations and efforts towards long term solutions to avoid future service interruption.
FISCAL IMPACT:
The total fiscal impact of this action is $144,840. Funds are budgeted and available in the Refuse Fund, PW-Solid Waste-Refuse Disposal Prof Svcs Regulatory Comp account 4130200-421043. Appropriations for future fiscal years will be included in the Department’s Budget submissions for those fiscal years to be presented to the City Council for approval.
Prepared by: Gilbert Hernandez, Public Works Director
Certified as to
availability of funds: Edward Enriquez, Interim Assistant City Manager/Chief Financial Officer/City Treasurer Approved by: Kris Martinez, Assistant City Manager
Approved as to form: Phaedra A. Norton, City Attorney
Attachments:
Agreement
First Amendment to the Agreement
Scope of Services and Compensation
South Coast Air Quality Management District Hearing Board Case 6157-2 Conditions ECOTEC Solutions, Inc., First Amendment ● Page 2