CITY OF RICHMOND
'EMERGENCY JUSTIFICATION' FORM
THIS FORM MUST BE COMPLETED AND APPROVED PRIOR TO ANY PROCUREMENT Vendor Name: Veolia Water North America Amount: $ 465,000.00 Phone Number: (510) 412-2001 E-mail: [email protected] City Contact: Jose Valenzuela Phone: (510) 620-6955
Emergency procurements should be made only...1) to preserve life, health or property; 2) upon a natural disaster; 3) to correct or forestall a shutdown to maintain essential public services; or 4) other unforeseeable events. This form must be forwarded to Procurement Services, with all required backup documentation from the vendor within twenty-four (24) hours or at the earliest possible time on the first normally scheduled workday following the emergency.
Describe the specific nature of the emergency and justification for the selection of the vendor.
Describe items/services purchased, dates, costs, delivery timeframe, etc. Attach any cost comparisons, quotations, Council agenda statements, resolutions, or other pertinent information: (use additional sheet if necessary)
The Dornan Tunnel sanitary sewer main needs replacement.
On December 31, 2022, the existing force main that conveys flow through the Dornan Tunnel in Point Richmond failed, resulting in a sanitary sewer overflow (SSO) (see photos). Veolia, along with our emergency on-call contractor, Bay Hawk, Inc., (Resolution 108-21 attached) responded as quickly as possible and installed a temporary bypass system using rigid hoses resting on the concrete encasement inside the tunnel.
This temporary pipeline has been in place since January 2023, with the intent the City would work towards a full line replacement. The initial engineer's estimate the City received to replace the sanitary sewer line in the Dornan Tunnel was more than two million dollars ($2,000,000+). This would result in closing the tunnel, diverting traffic, and causing major inconveniences to residents located in Brickyard Cove and restricting access to George Miller Park and Keller Beach. Both the park and beach are operated and maintained by the East Bay Regional Parks District.
The temporary pipeline was working effectively, until March 2023, when a car accident hit the pipe causing a rupture and a reportable SSO. The pipe was repaired quickly and effectively. The temporary pipe was operating successfully until December 2023, when as the result of vandalism, the pipe was damaged, once again resulting in a reportable SSO.
Due to the recent issues with the temporary sewer piping in the Dornan Tunnel (traffic accidents, vandalism, etc.) that resulted in reportable sanitary sewer overflows, this is now an emergency. The City is subject to strict regulatory reporting requirements regarding sanitary sewer overflows. This also becomes an issue with Baykeeper. 02/03/04
In 2019, the Richmond Water Resource Recovery Department and Veolia Water West Operating Services, Inc. issued a Request for Statement of Qualifications for On-Call Construction Services through the City's BidsOnline system. City council adopted Resolution 52- 19 (attached) establishing five (5) qualified firms to provide on call construction services.
The resolution was extended for two (2) additional years and expired in June 2024. The City is currently in the process of issuing a new Request for Qualifications for On-Call Construction Services through the City's BidsOnline system.
City and Veolia staff met to discuss what options were available regarding the sanitary sewer line. Veolia suggested CCTV'ing the line to determine the condition of the line. After Veolia reviewed the CCTV, it was decided the sanitary sewer line could be repaired with cured in place piping (CIPP). W. R. Forde is the only contractor that has the equipment and staff to perform this type of work.
Veolia is requesting to subcontract this work to W.R. Forde, as they the only company that certified to use curried in place pipe (CIPP) process. Veolia verified that this process meets the project requirements, and W.R. Forde is listed among the on-call contractors with the City on the previously adopted (expired) Resolution (attached).
This repair will eliminate the temporary bypass and mitigate the risk of pipeline failure resulting in future SSOs. The cost for this repair, including Veolia's mark-up was less than five hundred thousand dollars ($500,000), thus saving the City millions of dollars that can be used in other areas of the collection system for much needed repairs.
The Engineering Department has reviewed the plan along with Veolia and is of the opinion that this is the best permanent solution for the Dornan Tunnel sanitary sewer line.
Veolia has assured city staff the liner will not restrict the flow through the force main and will last for at least 20 years with normal use.
Therefore, staff is requesting Emergency Justification approval for the repairs of the Dornan Tunnel sanitary sewer line.
Below are two photos from the first sanitary sewer overflow that occurred from the broken line that is encased in concrete:
02/03/04
Emergency Justification Forms must be signed by the Procurement Services Manager before submission to the City Manager or City Council.
Department Head Signature: Date: 12 | 16 / 2024
Finance Director Signature: Date: 12/14 / 2024
City Manager Signature: Date: _
(Emergency purchases estimating/totaling UNDER $10,000.00 require City Manager's signature) City Council Authorization: Council Date:
(Emergency purchases estimating/totaling OVER $10,000.00 require Council approval. Attach Resolution.) NOTE: FINAL APPROVAL BY CITY MANAGER AND/OR CITY COUNCIL IS REQUIRED IN ACCORDANCE WITH MUNI. CODE SECTION 2.52.334 EMERGENCY PROCUREMENT
CITY OF RICHMOND
EMERGENCY PROCUREMENT
Purpose and Background:
To provide a rapid method of procuring goods or services to prevent delays in work which mas vitally affect the health. safety or welfare of citizens or emplovees While the need for occasional emergency procurement is recognized, the practice shall be curtailed as much as possible by anticipating needs in time for the use of the regular procurement procedures.
Emergency procurements shall be authorized by the Procurement Services Division when they are in compliance with Municipal Code 2.52.334 as follows:
"...the City Manager may make or authorize others to make emergency procurements of supplies and services, when there exists a threat to public health, welfare, or safety; provided that such emergency procurements shall be made with such competition as is practicable under the circumstances. A written determination of the basis for the emergency and for the selection of the particular contractor shall be included in the contract file." In case of actual emergency departments may procure any supplies, materials or equipment required, provided that the immediate procurement is essential to prevent delays in the work of the using department which may affect the health, safety or welfare of citizens.
The head of the using department shall send the Procurement Services Manager a requisition, a copy of the quotation and/or delivery record, and a full written explanation of the circumstances 02/03/04
of the emergency, which shall be filed by the Procurement Services Manager as a permanent and public record of the purchase.
An "emergency" is defined as a breakdown in machinery or equipment or the interruption of an essential service or any threat to public health, safety or welfare.
Procedure:
Emergency procurements are not valid for contrived urgencies resulting from a lack of planning and organization.
Emergency procurements will only be approved when requested by authorized employees.
The using department shall contact the Procurement Services Division, advise them of the emergency, and request a PO number.
If the emergency arises during a time when the Procurement Services Division is normally closed, the using department may proceed with the procurement without a PO number.
It becomes the responsibility of the using department to inform Procurement Services of the details of the transaction within twenty-four (24) hours or at the earliest possible time on the first normally scheduled workday following the emergency.
After receipt of the required material or service, the using department shall forward to Procurement Services:
• All quotation and/or delivery documents (from the vendor(s)) • The completed 'Emergency Justification' form with City Manager Signature Authorization (for purchases under $10,000) and with Council Signature Authorization (for purchases over $10,000) and the City Council resolution or copy of the minutes approving the specific emergency procurement. • Invoices must be mailed directly to Finance, Attn: Acet. Payable. • Upon final approval and signature, all originals) must be returned to the Procurement Services Division
Any Purchase Order not accompanied by the required paperwork, will be returned to the originating department, and will not be processed for payment until Procurement Services receives the complete package.
It is the goal of the Procurement Services Division to save funds on all procurements. By reducing emergency procurements, significant dollar savings will be realized. 02/03/04
RESOLUTION NO. 108-21
A RESOLUTION OF THE COUNCIL OF THE CITY OF RICHMOND, CALIFORNIA,
AUTHORIZING THE ISSUANCE OF A TASK AUTHORIZATION FOR ON-CALL
EMERGENCY REPAIRS TO THE SANITARY AND/OR STORM SEWER
COLLECTION SYSTEMS AS NECESSARY TO PROTECT PUBLIC HEALTH AND
OR AS REQUIRED IN THE BAYKEEPER SETTLEMENT AGREEMENT IN AN AMOUNT NOT TO EXCEED $825,000 PER YEAR FOR TWO (2) YEARS WITH TWO (2) ONE-YEAR OPTION TO RENEW
WHEREAS, in addition to the 2018 Baykeeper Settlement Agreement, there is a need to have "emergency repairs" in the sanitary and storm sewer repaired due to the safety hazards they pose the public; anc
'HEREAS, these issues range from a damaged grate over a storm drain drop in atch basin) to a potential sinkhole due to a collapsed sanitary sewer pipe; al WHEREAS, the City has contracted with Veolia to maintain an "on-call emergency contractor" for these services, and
WHEREAS, the contract for those services will soon expire; and WHEREAS, on June 30, 2021, a request for proposals was posted to BidsOnLine; and WHEREAS, on August 2, 2021, two (2) bids were received from (in alphabetical order):
Bay Hawk, Inc., and W.R. Forde and Associates.; and
WHEREAS, Yader A. Bermudez, (City of Richmond Retired Annuitant), Chandrasekar Venkatraman, Veolia Senior Project Manager, Thomas Bolyen, Veolia Assistant Project Manager and Jayne Lopez, Veolia Collection System Project Manager, reviewed the bids and based on unit-cost pricing, Bay Hawk, Inc., was the lowest responsive bidder.; and WHEREAS, the FY 21/22 Budget for On-Call Emergency Repairs will not exceed $825,000 [Project cost of $750,000, plus 10.0% mark-up of $75,000); and WHEREAS, the Water Resource Recovery Department will issue a project Task Authorization to Veolia and Veolia Water West Operating Services, Inc. will manage the subcontract with Bay Hawk, Inc; and
WHEREAS, each Emergency Repair will require approval from the City of Richmond Project Management staff prior to commencing repairs.
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Richmond hereby authorizes the Water Resource Recovery Department to issue a project Task Authorization to Veolia for the FY 21/22 On-Call Emergency Repairs Project in an amount not to exceed $825,000 [Project cost of $750,000, plus 10% mark-up of $75,000], and Veolia will manage the subcontract with Bay Hawk, Inc.
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Reso. No. 108-21
.....
I certify that the foregoing resolution was passed and adopted by the City Council of the City of Richmond at a regular meeting thereof held September 21, 2021, by the following vote:
AYES: Councilmembers Bates, Jimenez, Martinez, McLaughlin, Willis, Vice Mayor Johnson III, and Mayor Butt.
NOES: None.
ABSTENTIONS: None.
ABSENT: None.
PAMELA CHRISTIAN
CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:
THOMAS K. BUTT
Mayor
Approved as to form:
TERESA STRICKER
City Attorney
State of California
County of Contra Costa : SS.
City of Richmond }
I certify that the foregoing is a true copy of Resolution No. 108-21, finally passed and adopted by the City Council of the City of Richmond at a regular meeting held on September 21, Parela Chrish
-
Pamela Christian, Clerk of the City of Richmond
Reso. No. 108-21
CLERK'S CERTIFICATE
1, Pamela Christian, City Clerk of the City of Richmond, do hereby certify as follows:
The foregoing resolution is a full, true, and correct copy of Resolution No. 108-21 duly AYES: Councilmembers Bates, Jimenez, Martinez, McLaughlin, Willis, Vice Mayor Johnson III, and Mayor Butt.
NOES: None.
ABSTENTIONS: None.
ABSENT: None.
An agenda of said meeting was posted before said meeting at City Hall, 450 Civic Center Plaza in the City of Richmond, California, a location freely accessible to members of the public, and a brief description of said resolution appeared on said agenda. have carefull compared the foregoing with the original on file and of record in n fice. and the foregoing is a full. true. and correct copy of the original resolution adopted at sa meeting.
Said resolution has not been amended, modified, or rescinded since the date of its adoption and the same is now in full force and effect.
Dated: September 22021
tamela Chr
City Clerk of the City of Richmond
[SEAL]
Reso. No. 108-21
RESOLUTION NO. 52-19
A RESOLUTION OF THE COUNCIL OF THE CITY OF RICHMOND,
CALIFORNIA, FOR ON CALL CONSTRUCTION SERVICES FOR AN AMOUNT NOT TO EXCEED $2,000,000 PER CONTRACTOR PER YEAR OVER A THREE YEAR PERIOD WITH TWO (2) ONE YEAR OPTIONS FOR EXTENSION, FROM JUNE 2019 THROUGH JUNE 2022
WHEREAS, the Richmond Water Resource Recovery Department anticipates that several projects funded by various fund sources, will require the use of Construction Services; and
WHEREAS, the Richmond Water Resource Recovery Department further anticipates that additional construction projects will arise during the period June 2019-June 2022 that will require the use of On Call Construction Services; and WHEREAS, the project-by-project selection process for Construction Services cal ake up to six months and involve significant per-project contracting costs; an that the use of a pool of On Cal Co Wact Resource Reave pa Bed a compas demonstrat process on an as-needed basis eliminates much of the delay and costs associated with project-by-project bidding; and
WHEREAS, in May 2019 the Richmond Water Resource Recovery Department and On-Ca Vons Wet on Services chroes, the Sily & idsues ne s sam, ant of Qualifications for WHEREAS, 1,273 firms received the Request for Statement of Qualifications, of which ten (10) presented qualifications; and
WHEREAS, the ten (10) qualifications that the City received were reviewed by a panel consisting of Public Works Director Yader A. Bermudez, and Public Works Senior civil Engineer Tawfic Halaby, and Veolia Water West Operating Services, Inc.
Representatives Laura Pagano (Senior Capital Project Manager) and Michelle McLey (Project Manager); and
WHEREAS, in evaluating proposals, the panel considered five criteria:
1. Proposal/Methodology and Approach to Work described in RFQ;
2. Experience/Past Performance References;
3. Project Team
4. Proposer Qualifications
5. Compliance with City of Richmond's Local Ordinance, Local Employment Program and Living Wage Ordinance. Ban the Box Ordinance; and WHEREAS, the panel accepted the qualifications of five firms, finding that five firms were found highly qualified to provide On Call Construction services for the City of Richmond for the anticipated professional services workload for the next three years with two (2) one year extension options; and
WHEREAS, the five firms selected (in alphabetical order) are:
• Bay Hawk Inc. (Pinole)
JMB Construction (San Francisco)
Nor Cal Pipeline Services (Hayward);
Ranger Pipelines (San Francisco)
• W.R. Forde, Inc. (Richmond); and
Reso. No. 52-19
WHEREAS, each On Call Construction Contract with an approved firm would be for an amount not-to-exceed $2,000,000 per contractor per year over the three year period June 2019 to June 2022; and
WHEREAS, firms hired for these On Call Construction Services will provide construction services as requested by the City and/or Velia Water West Operating Services, Inc.; and
WHEREAS, firms on the list will be asked to submit proposals for particular projects; and
WHEREAS, the Water Resource Recovery Department will issue per project Task Authorizations to Veolia and Veolia Water West Operating Services, Inc. will manage the subcontracts with Contractors;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Richmond hereby authorizes the Water Resource Recovery Department to enter into Service Contracts for On Call Construction Services, with the following firms for an amount not to exceed $2,000,000 per contractor per year over the three year period June 2019 through June • Bay Hawk Inc. (Pinole)
JMB Construction (San Francisco)
Nor Cal Pipeline Services (Hayward);
Ranger Pipelines (San Francisco)
W.R. Forde, Inc. (Richmond);
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Reso. No. 52-19
•
I certify that the foregoing resolution was passed and adopted by the Council of the City of Richmond at a regular meeting thereof held June 18, 2019, by the following vote:
AYES: Councilmembers Bates, Johnson, Martinez, Myrick, Willis, Vice Mayor Choi, and Mayor Butt.
NOES: None.
ABSTENTIONS: None.
ABSENT: None.
PAMELA CHRISTIAN
CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:
TOM BUTT
Mayor
Approved as to form:
BRUCE GOODMILLER
City Attorney
State of California }
County of Contra Costa : Ss.
City of Richmond }
I certify that the foregoing is a true copy of Resolution No. 52-19, finally passed and adopted by the City Council of the City of Richmond at a regular meeting held on June 18, 2019.
Vamela - Christ?
Pamela Christian, Clerk of the City of Richmond
Reso. No. 52-19
CLERK'S CERTIFICATE
1, Pamela Christian, City Clerk of the City of Richmond, do hereby certify as follows:
The foregoing resolution is a full, true and correct copy of Resolution No. 52-19 duly adopted at a regular meeting of the City Council of said City duly and regularly held at the AYES: Councilmembers Bates, Johnson, Martinez, Myrick, Willis, Vice Mayor Choi, and Mayor Butt.
NOES: None.
ABSTENTIONS: None.
ABSENT: None.
An agenda of said meeting was posted before said meeting at City Hall, 450 Civic Center Plaza in the City of Richmond, California, a location freely accessible to members of the public, and a brief description of said resolution appeared on said agenda.
I have carefully compared the foregoing with the original on file and of record in my office, and the foregoing is a full, true and correct copy of the original resolution adopted at said meeting.
Said resolution has not been amended, modified or rescinded since the date of its adoption and the same is now in full force and effect.
Dated: June 25 2019.
Pamela Christ:
City Clerk of the City of Richmond
[SEAL]
Reso. No. 52-19