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R-2022-215 - 6/23/2022 RESOLUTION NO. R-2022-215 WHEREAS, the City of Round Rock("City") desires to purchase flow meters; and WHEREAS, Section 252.022(4) of the Texas Local Government states that expenditures for items available from only one source are exempt from competitive bidding requirements; and WHEREAS, CC Lynch & Associates is the sole source provider of the goods and services being purchased, as shown in Exhibit"A," and incorporated herein for all purposes; and WHEREAS, the City wishes to issue a purchase order to CC Lynch & Associates for the purchase of flow meters, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the City Manager is hereby authorized and directed to issue a purchase order to CC Lynch & Associates for the purchase of flow meters. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 23rd day of June, 2022. CRAIG ORGA ayor City of Round R , Texas ATTEST: ,q MEAGAN SPI S, ' Clerk 01 12.20222;4894-0490-0389 City of Round Rock Purchasing EXHIBIT "Alp R°�"°soot Justification Form n.:..,.,. R, 20 Date: 04/28/2022 Department Utilities Name: To: Purchasing Requestor Michael A. De Santis Jr. Name: Phone 512-218-2005 Number: Instructions: Complete this form for all purchases that will exceed $3,000 and will be exempted from competition as prescribed in Texas Local Government Code Chapter 252.022. Attach additional information as needed to support the exemption request. The City declares the competitive bidding procedures in Texas Local Government Code Chapter 252 to be exempt for this procurement. This Justification Form is executed and filed with the Purchasing Division as follows: 1. The undersigned is authorized and certifies that the following exemption is applicable to this purchase. Please check the criteria listed below that applies to this purchase request: 0 Sole Source (check one) ❑ Items that are available from only one source because of patents, copyrights, secret process, or natural monopolies. ❑ Films, manuscripts or books. ❑ Gas, water and other utilities. Captive replacement parts or components for equipment ❑ Books, papers and other library materials for a public library that are available only from the persons holding the exclusive rights to the materials ❑ Public Calamity • A procurement made because of a public calamity that requires the immediate appropriation of money to relieve the necessity of the municipality's residents or to preserve the property of a municipality. ❑ Public Health and Safety • A procurement necessary to preserve or protect the public health or safety of the municipality's residents. ❑ Unforeseen Damage • A procurement necessary because of unforeseen damage to public machinery, equipment, or other property. ❑ Personal, Professional or Planning Services • A procurement of personal, professional, or planning services 1 � 2. Justification: Describe in detail below why an exemption according to Section 252.022 of the Local Government Code is being submitted for this purchase. (Attach additional pages if needed) The plant has been experiencing higher flows than normal. In order to properly monitor new flows coming in from Round Rock and the surrounding cities, we will be installing flow meters around the city in order to monitor where these flows are coming from. CC lynch is the sole source provider of the ISCO flow meters that we will be using around the city. These are the same meters that have been used elsewhere as well. We will be keeping these same types of meters since they have been proven to work very well. Also, all of the meters are monitored through a proprietary on-line portal so uniformity is ideal. 3. Attach and submit the following documentation that supports this justification as applicable. • Vendor's proposal/quote. • If sole source a Manufacturer's letter declaring the purchase is sole source and why. The letter should be no older than 6 months old and signed by an authorized representative on company letterhead. 4. Because the above facts and supporting documentation the City of Round Rock exempts this procurement from LGC Chapter 252 and intends to contract with: Vendor Name: CC Lynch Description: Flow Meter Sales & Services 5. Check the purchase type and fill in the dollar amount and purchase term as applicable ✓❑ This is a one-time purchase request for$ 101,110.75 ❑ This is a term contract request for (#months),tp,,the ount of$ Recommended 04/28/2022 By Requestor Date 04/28/2022 Approved By Ass ector or Director Date Purchasing Office 4/29/22 Review Purchaser Date Purchasing Office 14V*_ 05/18/2022 Management Review Purchasing Manager (over$50,000) Date 2Page $101,110.75Grand Total $1,350.00Shipping and Handling $99,760.75Subtotal Please address order to: CC LYNCH & ASSOCIATES, INC. P.O. Box 836 Pass Christian, MS 39571 Net 30 DaysCredit Terms F.O.B.: Orgin PP&AShipping Terms 7-9 Weeks AROEst. Shipment Email Russell ParkPrepared By 5/18/2022Date 00007708 V2Quote # QUOTATION Francisco VicentContact Name 221 East Main St Round Rock, TX 78664 Ship To City of Round RockShipping Company Name 221 E MN St Round Rock, TX 78664 Billing Address City of Round RockBill To Name Quantity Manufacturer Part Number Description Sales Price Total Price 5.00 Isco 684360060 Signature LaserFlow Flow Meter with base meter, TIENet 360 LaserFlow sensor with built-in ultrasonic level sensor and 32.8 ft cable. $12,850.00 $64,250.00 5.00 Isco 684360061-ISCO3107 Adder for TIENet® 360 LaserFlow™ Sensor with 75 ft (23 m) cable.$100.00 $500.00 5.00 Isco 604354117 TIENet® 350 Area Velocity Sensor Surcharge Kit. Includes sensor with short cable to connect to the TIENet 360 LaserFlow sensor and mounting hardware. $1,960.00 $9,800.00 5.00 Isco 609004608 Cable, external 12 VDC to power Signature® meter. 33 ft length cable is equipped with a TIENet® cord grip fitting (209-0073-11) for watertight connection to the Signature meter in non-conduit applications, a fuse, pigtail wires to connect to the Signature® meters internal barrier block and 5/16-inch ring terminals for connection to an external 12 VDC source. $189.00 $945.00 5.00 Isco 604364003 Permanent wall mount for TIENet® 360 LaserFlow™ sensor. $834.00 $4,170.00 1.00 Isco 604364033 Sensor Retrieval Tool $252.00 $252.00 5.00 AMS BBA-3 Locking Aluminum Enclosure Large - NEMA 3R, 22.625-in x 26.5-in x 17-in.$640.00 $3,200.00 5.00 AMS VLS-50W-PMK Solar Panel Power Kit, Including 50 watt Solar Panel (VLS-50T), Charge Controller (SS-6L-12V), Output Cable (#10-2X20'OP), Mounting Bracket (HPM50U), Regulator Battery Cable (#10-1X36"R-B) $475.00 $2,375.00 5.00 AMS 8G27 DEKA 12 VDC 99Ah battery $248.75 $1,243.75 5.00 Isco 604307105 Signature LTE cellular modem with magnetic mount antenna for Signature® meter. Requires customer provided cell phone service SIM card with static IP address . $1,155.00 $5,775.00 5.00 DATA PLAN 12MOCELLDATAHOST 12 month Data Service including Verizon Cellular Data Service - Standard, Data pushed to a server running ISCO Flowlink Pro. Renewed annually at customer option. $600.00 $3,000.00 5.00 Field Service Start.Up 850 Initial Equipment Start-up, Including Instrument Programming, Preparation and Adjusments, Calibration, Operator Training and Certificate of Proper Operation $850.00 $4,250.00 Terms & Conditions 1. OFFERS. Unless stated otherwise in writing by Seller, all Offers made by Seller shall be valid for a period of no-less-than six (60) days from the date of such Offer. Unless accepted by Buyer within the Offer validity period, Seller reserves the right to withdraw and/or revise its Offer. The prices offered by Seller apply only to the specific quantities, specifications, delivery schedules, and terms and conditions set forth in Seller’s Offer. 2. ACCEPTANCE. The terms and conditions herein apply to all Offers made by Seller, and all Orders accepted by Seller. Acceptance of Buyer’s Order, and any changes or amendments thereto, is strictly conditioned upon Buyer's assent to Seller’s terms and conditions. Unless otherwise agreed upon in writing by a duly authorized representative of Seller, Seller objects to, and is not bound by, any terms or conditions that differ from, add to, or modify the terms and conditions herein. Seller's failure to object to any terms and conditions or any other provisions contained in any communication from Buyer, including, but not limited to, Buyer’s Order and any changes or amendments thereto, does not waive any of the terms and conditions specified herein. Seller’s acceptance of Buyer’s Order or Buyer's receipt of Goods, whichever occurs first, shall conclusively evidence Buyer's unconditional acceptance of these terms and conditions. The terms and conditions herein shall be applicable whether or not they are attached to or enclosed with Goods and/or Services sold or to be sold hereunder. 3. PRICES. Unless otherwise agreed in writing by a duly authorized representative of Seller, all prices are stated in United States Dollars, and all invoices issued by Seller and payments made by Buyer shall be in United States Dollars. A minimum Order amount of $50.00 applies to all Orders. 4. PAYMENT TERMS. Subject to Seller approval of Buyer’s credit, payment terms for Orders are net thirty (30) days from date of Seller’s invoice. All amounts due to Seller but not paid by Buyer on the due date bear interest payable at a rate equal to the lesser of (a) one and one-half percent (1.5%) of the outstanding balance per month, or (b) the maximum interest rate permitted under applicable law. Interest accrues on past due amounts as of the date on which such amounts become due until the date Seller receives payment from Buyer. Buyer shall also be liable to Seller for any expenses incidental to collection of past due amounts, including reasonable attorneys’ fees and court costs. 5. TAXES. The amount of any present or future sales, use, excise, import duty, or other tax applicable to the manufacture, sale, or lease of Goods shall be added to Seller’s invoice and shall be paid by Buyer, unless Buyer provides Seller a valid tax exemption certificate acceptable to the applicable taxing authority. 6. SHIPPING TERMS, TITLE, AND RISK OF LOSS. Unless shown to be otherwise on the face of this Quotation, all domestic shipments shall be delivered F.O.B. Origin shipping dock in accordance with UCC. Buyer agrees to remit payment to Seller for actual transportation charges or standard shipping and handling charges per Seller’s pre-determined standard fee structures, whichever applies. 7. LIMITED WARRANTY. Seller provides Goods that include a Limited Warranty by the Manufacturer. The specific warranty for a given Good is the one in effect on date of shipment. This warranty does not apply to any Goods that, upon examination by Seller, are found to have been (a) mishandled, misused, abused, or damaged by Buyer or Buyer’s customer, (b) altered or repaired without Seller’s prior written approval, or (c) improperly stored, installed, operated, or maintained in a manner inconsistent with Seller’s instructions. Limited warranties do not apply to defects attributed to normal wear and tear. See specific warranty statements from the manufacturers Goods provided herein. 8. GOVERNING LAW AND VENUE. The performance of the Parties, and any judicial or arbitration proceedings, shall be construed and governed in accordance with the laws of the State of Mississippi, United States of America, excepting its laws and rules relating to conflict of law. Sales Tax is not normally quoted due to State & Local variability. If you require Sales Tax to be included in this quotation, please contact us. If your organization is a , please tax-exempt entity email or fax your tax-exempt certificate to or fax to (228) 452-2563. Tax admin@cclynch.com rates will be based on delivery address of the order. 800-333-2252 228-452-2563 fax info@cclynch.comemail: Important: Payment Terms are unless otherwiseNET 30 negotiated. For , add +3.5% transaction fee. Credit Card Payment