REPORT TO THE CITY COUNCIL
FROM: PAUL AMICO, PE, Interim Director
Department of Public Utilities
BY: CASSIE L. SCHOLZ, PE, Licensed Engineer Manager
Department of Public Utilities, Utilities Planning & Engineering
DAVID VILCHERREZ, PE, Licensed Professional Engineer
Department of Public Utilities, Utilities Planning & Engineering
SUBJECT
Title
Approve the Second Amendment to the Consultant Services Agreement with Tetra Tech BAS, Inc., of Diamond Bar, California, in the amount of $167,432.00, to increase the total not to exceed contract amount to $779,111.00, and extend the term of the Consultant Services Agreement to January 31, 2026 for the Landfill Gas Collection and Control System and Operations, Maintenance, and Monitoring Services at the City of Fresno Sanitary Landfill. (Council District 3)
Body
RECOMMENDATION
Staff recommends City Council approve the Second Amendment to the Consultant Services Agreement (Second Amendment) with Tetra Tech BAS, Inc. (Tetra Tech) of Diamond Bar, California, to continue the scope of services and increase the total contract amount by $167,432.00, for a revised total not to exceed contract amount of $779,111.00, and extend the term to January 31, 2026 for the Landfill Gas Collection and Control System (LFGCCS) and Operations, Maintenance, and Monitoring (OM&M) Services at the City of Fresno Sanitary Landfill (FSL), and authorize the Director of Public Utilities, or designee, to sign the Second Amendment on behalf of the City of Fresno (City).
EXECUTIVE SUMMARY
On August 29, 2024, the City approved a Consultant Services Agreement (Agreement) with Tetra Tech to provide LFG professional engineering services, LFGCCS repairs and improvements, and OM&M at the FSL. Tetra Tech is currently providing professional services under the First Amendment to the Consultant Services Agreement (First Amendment) that expires on December 31, 2025. The Second Amendment is necessary to continue services in the Agreement through January 31, 2026 and include a Flare Station Maintenance Plan/Technical Memorandum for future asset upgrades for the Landfill Gas (LFG) Flare Station, to meet United States Environmental Protection Agency (USEPA) requirements. The services will increase the contract in the amount of $167,432, for a revised total contract value of $779,111.
BACKGROUND
The City operated the FSL from 1935 to 1987. The FSL is regulated under the federal Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA). The City notified USEPA of the existence of the FSL in May 1981 to comply with CERCLA Section 103(c) requirements. A preliminary assessment conducted by the California Department of Health Services (now the California Department of Toxic Substances Control) in June 1984 found evidence of offsite migration of methane and volatile organic compounds contamination of groundwater.
The City began addressing methane gas migration in 1988 through the construction of an LFG extraction and energy recovery system (the LFG System). The FSL was placed on the USEPA’s National Priorities List in 1989.
As part of the LFGCCS operation and monitoring, and as required by Title 27, California Administrative Code, Division 2, Chapter 3, Section 20921, methane concentration measurements at the facility property boundary (Perimeter Probe Monitoring) cannot exceed the regulatory standard of 5 percent by volume in air, which is the lower explosive limit for methane. Additionally, Surface Emissions Monitoring (SEM) Regulatory requirements enforced by USEPA which are associated with SEM at landfills are referenced in the New Source Performance Standards for existing municipal solid waste landfills, under “Emission Guidelines and Compliance Times for Municipal Solid Waste Landfills” (40 CFR 60 Subpart Cf). As part of these regulations, the City must continue to perform SEM on a quarterly basis to demonstrate compliance with 40 CFR 60.34f(d). These regulations require that the surface level methane concentrations must be monitored and that they do not exceed 500 parts per million. In order to maintain compliance with USEPA regulations as it relates to LFGCCS operation and required LFG monitoring (and thus mitigate potential methane gas emission exceedances) this proposed Second Amendment will extend Tetra Tech’s professional engineering services and additional scope.
City Council approved the Agreement with Tetra Tech August 29, 2024 in the amount of $611,679, based on the approval of Resolution of Urgent Necessity No. 2024-195 (Resolution) on September 4, 2024. This Resolution, due to the declaration of urgent necessity for the preservation of life, health, property, authorized the City Manager, or designee, to enter into agreements without advertised competitive bidding for the preparation and implementation of emergency remediation plan. This is further described in the scope of work included in the Agreement and the Technical Memorandum, dated January 23, 2024, which provided justification for awarding contract to Tetra Tech under exigent circumstances, due to their extensive subject matter expertise in LFG recovery and treatment system operations and maintenance. The Agreement term was through June 30, 2025, and the scope of work included:
1. Provide LFG collection system wellfield monitoring, inspection and tuning on a monthly basis.
2. Provide LFG condensate sumps monitoring on a monthly basis.
3. Provide LFG treatment system monitoring on a monthly basis.
4. Perform perimeter probe monitoring for three probes (MMW4, MMW5, and MMW6), twice per week.
5. Perform non-routine repairs, as needed, to LFG system, conveyance and appurtenances, on a time and materials basis.
6. Perform blower inspections and repairs.
7. Perform air compressor inspection and maintenance.
8. Replace three (3) flare louver motors and associated assemblies.
9. Procure spare sample ports and caps for gas extraction wellheads.
10. Perform emergency wellfield repairs.
11. Perform LFGCCS Emergency Jumper Line installation.
On August 14, 2025, the First Amendment was approved to extend the contract term to December 31, 2025, to prevent contract expiration. There was no increase in compensation to the contract and scope of work was not continued beyond those services required through July 31, 2025. This Second Amendment extends the contract term to January 31, 2026, increases compensation to continue services included in the Agreement and First Amendment to ensure the City is in compliance with USEPA requirements, and addresses end-of-life equipment needs which will be included in a Flare Station Maintenance Plan/Technical Memorandum. Tetra Tech will train City staff during this contract extension period so that the City can assume implementation of these tasks in the future. Tetra Tech’s contract will be amended again in January 2026 at a reduced monthly rate that covers only those specialized tasks that cannot be performed directly by the City.
The City Attorney’s Office has reviewed and approved the Second Amendment to the Consultant Services Agreement as to form.
ENVIRONMENTAL FINDINGS
An Environmental Assessment was adopted for the original contract on January 27, 2022, by the City Council via a Categorical Exemption pursuant to Sections 15306/Class 6 (Information Collection) and 15309/Class 9 (Inspections) of the California Environmental Quality Act (CEQA) Guidelines. The proposed Second Amendment to the Consultant Services Agreement is not expected to have a significant effect on the environment.
LOCAL PREFERENCE
Local preference does not apply to this action because this is an amendment to an existing Consultant Services Agreement.
FISCAL IMPACT
The Project is located in Council District 3. The FSL is funded by both the Solid Waste Enterprise Fund and the General Fund. The total funding for the Contract is included in the Fiscal Year 2026 Solid Waste Enterprise Fund. Fifty percent of the actual cost incurred is reimbursed through an annual revenue transfer from the General Fund.
Attachments:
Second Amendment to Agreement
First Amendment to Agreement
Consultant Services Agreement
Resolution of Urgent Necessity No. 2024-195 (Resolution)
Vicinity Map