City of Richmond
Sole Source Justification
THIS FORM MUST BE COMPLETED AND APPROVED PRIOR TO ANY PURCHASE Cop you make tis a compete pad dises ine rator it not coreeting this form. 1 Perchasing can 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: WSP USA Environment & Infrastructure Inc. Contact Name: Avery Whitmarch Address: 1075 Big Shanty Rd, Suite 100
City: Kennesaw State: GA Zip Code: 30144
Phone Number (415) 378-3912 E-Mail [email protected] Duration of Contract: 08/31/2024-08/31/2026
Estimated Cost: $ 196,000.00 Funding Source (Account String)_ Is the product/service IT related? Yes No X 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 items) through distributors? Yes No X Description of Product or Service:
Describe the full scope of work or service contemplated including installation if required; items should include brand, model and part number if applicable; (if additional space is needed, include them in a separate page) WSP has been conducting (under current contract #3753) and will continue to conduct environmental consulting work at Terminal 1 including ground water monitoring and reporting as-needed and required by the California Regional Water Quality Control Board.
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.
WSP (previously AMEC Foster Wheeler) bought out Geomatrix, which was the consultant that originally assisted the Richmond Community Redevelopment Agency in obtaining the current Clean up Order from the San Francisco Regional Water Quality Control Board for the Terminal 1 site.
Since WSP knows the site and has knowledge of previous work on the site, they are poised to complete the work in a timely and cost-effective manner. Dr.
Szerdy has a unique understanding of the remediation challenges at the Terminal One site, maintains excellent and constructive relationships with past and current Regional Water Quality Control Board case workers for the Terminal One site, and has access to the complete historic record of remediation work at the site. He was the lead design engineer and Principal-in-charge of the Terminal One project for Geomatrix Consultants and, in these roles, he was ultimately responsible for all of Geomatrix's work. He was the lead author for the documents describing the remediation work that were submitted to the RWQCB as part of their approval of the development. His close relationships with the RWQCB case workers (the current case worker is an ex-colleague of Dr. Szerdy's from Geomatrix) allows their concerns and requirements to be addressed in a smooth and efficient manner. He also has access to all of Geomatrix's project files (both electronic and paper) because WSP is the successor company to Geomatrix. It would require significant resources for another consultant to acquire the background and knowledge Dr. Szerdy has of the Terminal One site, as well as understand and advise the City on the regulatory requirements of the RWQCB.
(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).
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 source, 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 For the repair or modification of existing hardware Federal or state grant names vendor as condition of funding. (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 manufacturing 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.
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.
WSP purchased Geomatrix, the company that originally assisted the Richmond Community Redevelopment Agency to obtain the existing clean up order. The Clean up Order issued by the RWQCB has been amended. WSP will assist the City in this process by providing the technical data needed to support the amendment through ground water monitoring and reporting.
(if additional space is needed, include them in a separate page) 2 | 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: Port
Requester Name and Title: Charles Gerard - Port Director - defee 6/13/2024 Note: Requester must be able to defend this justification.
Date: 05/29/2024 Phone: 510-620-6927
Department Director (Print) Nannette Beacham _ (Sign) 2l C voted Date: 6/18/24 OBO/annette Beacham
Submit completed form to the Purchasing Division (Prior to submission to City Manager) Finance Director:
DATE: 4118/2024
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, PRIOR to Council Approval.
PROCEDURE
Sole Source purchase/service are exceptions to the normal bidding process and require a detailed justification. In processing Sole Source requests for supplies, services 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 representatives). 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 | Page