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City of Richmond
Sole Source Justification
TfflS FORM MUST BE COMPLETED AND APPROVED PRIOR TO ANY PURCHASE Contact the Purchasing Division and discuss your rationale before completing this form. If Purchasing can help you make this a competitive purchase, then this form will not be required.
Attach this completed/approved form to requisitions when competitive quotes/bids/proposals are not solicited. (Required for requisitions > $3,000)
Requested Sole Source Supplier:
Company Name: N|V|5 _ Contact Name: Kyle Flory
Address: '/'665 Redwood Boulevard, Suite 200
City: Novato _ state: _CA _Zip Code: 94945
Phone Number f415 ) 899-1600 E-MaiI [email protected]
Duration of Contract: 3 yeare
Estimated Cost: $ 383.750- _ Funding Source (Account String) 01369065-400201 Is the product/service IT related? Yes No ^_ If Yes, please attach the approved IT Authorization Form For Product: Is the recommended company the manufacturer of the product? Yes_ No _x_ For Product: Does the manufacturer sell the item(s) through distributors? Yes_ No _^ Description of Product or Service:
Describe the full scope of work or service contemplated including installation if required; items should include brand, model aiidpart number if applicable; (if additional space is needed, include them in a separate page) Environmental consulting semces and work required for the former Successor Agency and other City-owned properties including preparation of the annual report for Nine Deed Restricted Properties in Marina Bay, preparation of the Third Five-Year Report and review for Marina Bay, and groundwater monitoring, enhanced groundwater remediation, and development of a Cap Maintenance Plan at Area T in Marina Bay. Annual work will also including environmental consultation services for Area FM Work Plan and Cap construction and response to DTSC Comments on a Revised Work Plan Amendment.
Sole Source Rationale: PLEASE ANSWER ALL THE FOLLOWING QUESTIONS: Explain why the recommended company is the only company that can meet the requirement. Address the following: Are there any other companies who can do this job? What condition (e.g. technological superiority, or performance risks, etc.) exists so that the recommended company has a significant advantage over any other company who can do this job? It is important to sufficiently address the key reason for awarding an order/contract without soliciting competitive bids. The rational must be clear and convincing, avoiding generalities and unsupported conclusions.
PES Environmental, Inc. dba N|V[5 ("NV5") is the only firm able to offer the services of Kyle Flory.
Mr. Flory has prepared the necessary environmental engineering site reports and gained methodology concurrence with DTSC. Mr. Flory has unique knowledge of the City environmental sites. Working with PES will be more cost effective and reduce the time required to work with DTSC and remediate the necessary environmental conditions in order to prepare former Successor Agency areas in Marina Bay and other City areas for redevelopment. ; t.
(if additional space is needed, include them in a separate page) Page | 1 Sole Source Form - Rev. May 12, 2016
Complete the following checklist
A specific contractor is the only source of the required item because (check all that apply):
!•! The required items are proprietary to the Contractor, and contractor solely transacts (sells) direct to the customer. (There are no dealers or distributors for contractor).
H The required items are proprietary to the Contractor, and contractor does not sell direct to the customer. Contractor solely distributes the item or service through only one dealer or distributor in the United States. (There are no dealers or distributors for contractor).
Note: If item or service is available _from more than one som-ce, the item or service may be treated as proprietary, but must be competitively solicited from multiple (two or more) sources.
A specific item is needed:
To be compatible or interchangeable with existing hardware As spare or replacement hardware I_I For the repau- or modification of existing hardware Federal or state grant names vendor as condition offun.ding. (Attach copy of grant that names vendor)
There is a substantial risk in contracting with any other contractor, (e.g., only one contractor has been successful to date in implementing a difficult manufacturmg process or the services sought). In a brief explanation, provide supporting evidence of why other contractors are considered to be unable to overcome the substantial risk.
There are no other firms that possess the decades of historical knowledge and unique expertise specific to the former Successor Agency and other City sites that will require Mr.
Flory's consultation services.
Continuation of prior Work - Additional item, service or work required, but not known to have been needed when the original order was placed with vendor, and it is not feasible or practicable to contract separately for the additional need. Provide brief explanation and supporting evidence.
Mr. Flory, with NV5 and prior firm names Harding Lawson Associates and PES, has been under contract with the Redevelopment Agency, Successor Agency and City performing related work since 1991. This is a continuation of his prior work with Marina Bay Deed Restricted properties as transferred via the approved Long Range Property Management Plan (LRPMP) from the Successor Agency to the Richmond Community Redevelopment Agency to the City with Resolution No. 6-15 on December 8, 2015. It is not feasible to contract separately with a different firm for the work Mr. Flory originated. (if additional space is needed, include them in a separate page) 2 I Page
I acknowledge the City's requirements for soliciting competitive quotes/bids for purchases over $3,000.00 and the criteria for justification for Sole Source purchases. I have gathered the required information, have made a concerted effort to review comparable/equal equipment/services (e.g., market research), and further affirm that there is no conflict of interest involved in the selection made.
Department: city Manager's Office
Requester Name and Title: crai9 x. Murray, SR/WA, DPM l Note: Requester must Ae able to defend this justification.
Date: 62123 _ Phone: /l Mi
Department Director (Print) Nannette Beacham _ (Si^0^^^^^^^at£_ Submit completed form to the Purchasing Division (Prior to submission to City Manager) Finance Director:
/
APPROVED: _ .. . ' DATE: ./ . / ,
NOT APPROVED: COMMENTS:
City Manager City Clerk Attesting to Council Approval
(Under $10,000.00) (Over $10,000.00) (Copy of Minutes may be substituted) Note: Richmond Municipal Code Section 2.52.326 Sole Source Procurement requires final approval by the City Manager and/or City Council. Sole Source must be approved by Finance Director, PMOR to Council Approval.
PROCEDURE
Sole Source purchase/service are exceptions to the normal bidding process and require a detailed justification, hi processing Sole Source requests for supplies, semces and/or equipment, the Purchasing Division adheres to and is governed by the principles set forth in City of Richmond Municipal Code Section 2.52.326 Sole Source Procurement.
If you are requesting a particular vendor, brand or product, you must make this fact clear on your Sole Source form.
Your request will then be restrictive and non-competitive, and will fall into a sole source category. If the sole source justification is approved, the requisition can be expedited without the normal bidding requirements.
Such a request should not be made unless you are confident that your request is reasonable and appropriately justified to meet the City's requirements and withstand any possible audit. The City's requirements and the format for submitting such requests are contained herein. Sole Source form must be signed by authorized department representative(s). The certification will remain on file for audit purposes.
The following factors DO NOT apply to sole source requests and should not be included in your sole source justification. They will not be considered and only tend to confuse the evaluation process.
1. Personal preference for product or vendor.
2. Cost, vendor performance, and local service (these are generally considered award factors in competitive bidding).
3. Features which exceed the minimum department requirements. 3 IP age