50-79500-24-EM156_79500 DHSEM_Approved DOE FY25-006_JH Services_11.12.2024.pdf.PDF

STATE OF NEW MEXICO

EMERGENCY DETERMINATION FORM

The emergency procurement method (NMSA 1978, Section 13-1-127) may only be used when the service, construction or item of tangible personal property procured:

1. is needed immediately to:

a. control a serious threat to public health, welfare, safety or property caused by a flood, fire, epidemic, riot, act of terrorism, equipment failure or similar event; or

b. plan or prepare for the response to a serious threat to public health, welfare, safety or property caused by a flood, fire, epidemic, riot, act of terrorism, equipment failure or similar event; and

2. cannot be acquired through normal procurement methods.

a. The agency entering into an emergency procurement should employ a competitive process to the extent practicable under circumstances.

The purchase or lease of heavy road equipment is not allowed under the emergency procurement statute.

The state purchasing agent or a central purchasing office that makes an emergency procurement shall outline its determination of the basis for the procurement and its selection of the contractor in writing and include the writing in the procurement file. (That writing can be made on this form.) Promptly thereafter:

• the state purchasing agent shall post notice of the procurement on its website; or

• the central purchasing office shall post notice of the procurement on its website, if it maintains one, and shall transmit the notice to the state purchasing agent for posting on the state purchasing agent's website.

NOTE: the state purchasing agent or a central purchasing office that makes an emergency procurement to plan or prepare for the response to a serious threat to public health, welfare, safety or property caused by a flood, fire, epidemic, riot, act of terrorism, equipment failure or similar event shall account for the money spent in making the procurement and report on that accounting to the legislative finance committee and the department of finance and administration within sixty days after the end of the fiscal year in which the procurement was made.

I. Name of Agency: Department of Homeland Security and Emergency Management

Agency Chief Procurement Officer: Megan Martinez

Telephone Number: 505-373-7365

II. Name of Contractor: J&H Services, Inc.

Address of Contractor: 6616 Gulton Court, NE, Albuquerque, NM 87109

Docusign Envelope ID: FD5D5C10-1FCE-4E76-BD47-B1CF21535D00

Amount of prospective contract: 3 months

Term of prospective contract: 1,500,000.00

III. Thoroughly list the services (scope of work), construction or items of tangible personal property being procured:

1. Project Overview

The project involves pumping water and leachate from designated wells in Roswell, NM, and constructing a temporary access road to reach these wells. The contractor shall provide all labor, materials, equipment, and supervision to perform the tasks as specified below.

2. Objectives

• Pumping: Reduce the capacity levels of the Leachate Pond to their pre-disaster levels by pumping out the water from designated wells, ponds, and other areas at risk of breach. An estimated 50,000 gallons of wastewater will be transported approximately 5 miles to Roswell Wastewater Treatment located at 2306 E College Blvd, Roswell, NM 88201 with GPS 33.409173 -104.480071. They are a permitted facility that will ensure environmental compliance.

• Road Access: Repair the access road to provide reliable access to the well sites, which have become inaccessible due to recent washouts.

3. Scope of Services

A. Leachate Pumping

1. Site Inspection and Preparation:

o Perform an initial site inspection to assess leachate well conditions and access needs.

o Prepare and submit a safety and work plan, including equipment specifications and environmental compliance measures.

o Identify any additional containment or spill prevention measures to minimize the risk of contamination.

2. Pumping Operations:

o Mobilize appropriate pumping equipment to the site for efficient water and leachate extraction.

Docusign Envelope ID: FD5D5C10-1FCE-4E76-BD47-B1CF21535D00 markm Highlight markm Highlight o Conduct water and leachate pumping from each well as designated in the project plans. Leachate wells need to be pumped until they are empty. Below are the six location sites of the leachate wells and pond to be pumped:

1) Leachate Pond: GPS 33.347056 -104.569778

2) Leachate Well 9: GPS 33.346438 -104.564268

3) Leachate Well 10: GPS 33.339937 -104.567941

4) Leachate Well 11: GPS 33.341809 -104.568893

5) Leachate 12: GPS 33.341006 -104.568921

6) Leachate 13: GPS 33.339957 -104.567941 o Ensure water and leachate is collected, transported, and disposed of at a licensed disposal facility in compliance with state and federal regulations.

o Maintain accurate records of water and leachate volumes pumped, dates of operation, and disposal documentation.

3. Safety and Environmental Compliance:

o Comply with all applicable OSHA, EPA, and state safety and environmental regulations.

o Implement measures to prevent spills or leaks and have a spill response plan in place.

o Ensure personnel are equipped with necessary personal protective equipment (PPE) and trained in emergency procedures.

4. Transport and Dispose of Leachate at Designated Location

Emergency pumping of 5 leachate wells and 1 leachate pond. Removing an estimated 50,000 gallons of wastewater that can be attributed to the flood water intrusion. The wastewater will be transported approximately 5 miles to Roswell Wastewater Treatment located at 2306 E College Blvd, Roswell, NM 88201 with GPS 33.409173 -104.480071.

This permitted facility will be handling the final disposal of all the pumped materials.

B. Temporary Road Construction

1. Assessment and Design:

o Assess the condition of the washed-out road area to determine requirements for temporary road repairs.

o Design and implement an emergency road repair plan that includes stabilization to maintain access throughout the project duration.

o Remove vegetation as necessary for the project.

2. Road Construction:

o Clearing debris is necessary and incidental to the temporary repairs. Then prepare the foundation as needed to establish a stable road surface.

o Construct a temporary access road using suitable materials to withstand vehicle load requirements.

o Road should be at least [specify width, e.g., 18 feet] wide, with adequate turning space at the well sites.

3. Site Restoration (Post-Project):

o Remove temporary road materials upon completion of pumping and restore the site to its original, including grading and seeding as necessary to promote vegetation recovery.

C. Emergency Repairs to Leachate Wells:

1. Repair and Replacement of Leachate Risers and Other Components o Support the repair and replacement of leachate risers, and re-establish slopes adjacent leachate risers on Cells 2, 3, and 4.

o Re-establish earthen berms surrounding wells / minimize erosion o Re-establish an existing storm drain.

2. Address Pipe Extension, Power Cables, and Pump Needs in the Wells o Pipe extensions will be needed in the wells (7, 8, 12, 13), and pipes will need to be replaced within well 7.

o Leachate pumps for wells (11, 12, 13) may need to be tested and/or replaced.

o Power cables need to be re-established for wells (7, 8).

3. Check and Repair Damaged Liner o Check the liner in the wells.

o If the liner is compromised a new liner will need to be installed.

2022 Emergency Form

IV. Provide an explanation for the justification of the procurement including a description of the emergency condition(s) requiring use of emergency procurement and the practicable competition utilized in compliance with NMSA 1978, Section 13-1-127.

A Federal disaster declaration (DR-4843) was issued on November 1, 2024, in response to severe storms and flooding that have severely impacted Chavez County, particularly the Solid Waste Division in Roswell, NM. Floodwater has submerged ponds and wells, causing significant contamination due to debris, with levels of both water and debris dangerously high.

This situation requires immediate action for the following reasons:

1. Risk of Environmental Contamination: The ponds and wells are contaminated with debris, posing serious environmental and public health risks. Immediate pumping and removal of excess water and debris are necessary to prevent further contamination and environmental damage.

2. Anticipated Rainfall: Additional rainfall is expected, which will only exacerbate the flooding and worsen the contamination of the ponds and wells. Without swift intervention, the situation could escalate, causing irreparable harm to the local ecosystem and water supply.

3. Impaired Access: Roadways leading to the affected ponds and wells have been severely damaged by the flooding and are currently inaccessible. Emergency services must prioritize road stabilization and debris removal to restore safe access to the location for pumping and debris management.

Given these factors, it is critical to begin emergency pumping operations, transport excess water and debris safely, and restore access to the affected area as soon as possible to mitigate further risks to public health, the environment, and local infrastructure.

V. Describe what measures are being taken to minimize the duration and effect of this particular emergency procurement (for example: is the emergency only in place until a competitive process can be completed, etc.).

These emergency services are intended for short-term recovery, with operations expected to last only a few weeks. The goal is to address the immediate needs and assist in recovery from the flooding event. Should the situation require long-term solutions or ongoing services, a competitive bid process will be initiated to ensure proper contracting and transparency.

The priority now is to focus on the immediate recovery tasks, ensuring the safety of public health and infrastructure in the short term. We are committed to completing this emergency response as quickly and efficiently as possible.

2022 Emergency Form

VI. Describe what measures the Agency will take in the future to prevent/mitigate use of an emergency procurement under similar circumstances.

While the current situation was unexpected, it underscores the importance of being prepared for unforeseen emergencies. The Department of Homeland Security and Emergency Management (DHSEM) is reviewing this event, as well as other disasters that have occurred in 2024, to identify key services that proved effective in aiding recovery. We are exploring the establishment of pre-existing contracts for critical services to better prepare for future emergencies, ensuring we can respond quickly and efficiently to protect the safety and well-being of our communities.

Certified by: Date: _______________

Agency Chief Procurement Officer

Agency Approval by: Date: _______________

Cabinet Secretary/Governmental Entity Head or Designee

11/7/2024

11/8/2024 markm

FY25

markm New Stamp