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RES 20-21-059 DAW SIGNED LAS CRUCES UTILITIES BOARD RESOLUTION NO. 20-21-059 A RESOLUTION AWARDING A SOLE SOURCE CONTRACT TO FLIP SCREEN, LLC, OF DALLAS, TEXAS, FOR EQUIPMENT SUPPORT OF THE PRE-1965 FOOTHILLS LANDFILL EXCAVATION, PRO3ECT NO. 20-21-059, FOR A TOTAL CONTRACT AMOUNT OF $93,000.00. The Board of Commissioners for the City of Las Cruces Utilities, on behalf of the City of Las Cruces, is informed that: WHEREAS, Las Cruces Utilities ("LCU") is requesting approval to enter into a contract with Flip Screen, LLC ("Flip Screen"), of Dallas, Texas, with a Sole Source Determination approved through City of Las Cruces Purchasing. Flip Screen will provide a WL270 Flip Screen with 1-inch, quick hook-up with hoses, and hitch which, will be used on a Carrier Loader that Flip Screen will also provide; and WHEREAS, the additional Flip Screen will allow the operators at the Pre-1965 Foothills Landfill to screen additional waste material and help to expedite the waste screening process. This will eliminate clean soil being hauled off as Construction & Demolition Waste ("C&D") to the Corralito's Regional Landfill and reduced landfill tipping fees. We are behind schedule due to equipment failures, and COVID-19 related issues and with this added WL270 Flip Screen we anticipate meeting our February 2021 deadline; and WHEREAS, Flip Screen has provided a rental quote for the WL270 Flip Screen at a discounted rate of $15,000.00 per month and Carrier Loader monthly cost of $16,000.00. Based on funding limitations on the project we are estimating a three month rental of both pieces of equipment. New Mexico Gross Receipts Tax ("NMGRT") is not required by this Vendor and therefore not added to estimated costs; and WHEREAS, LCU is requesting an initial lease for three months for a total LCU FY20 01/20 Rev. 3 LCU Board Resolution No. 20-21-059 Page 2 of 3 funding request of $93,000.00 for this contract, which is estimated based on the quote provided by Flip Screen. Flip Screen anticipates delivery within two weeks upon Notice to Proceed. LCU staff recommends awarding the contract to Flip Screen, LLC. NOW, THEREFORE, be it Resolved by the Board of Commissioners for the City of Las Cruces Utilities, on behalf of the City of Las Cruces: (I) THAT a Contract be awarded to Flip Screen of Dallas, Texas, for an additional WL270 Flip Screen in support of the Pre-1965 Foothills Landfill Excavation, for a total award amount of $93,000.00. CII) THAT City staff is hereby authorized to do all deeds necessary in the accomplishment of the herein above. DONE AND APPROVED this 12th day of November 2020. APPROVED: By Board Chair ATTEST: Secretary VOTE: Chair Little: Moved by Vice-Chair Archuleta: Commissioner Baumgarn: Seconded by Commissioner Bencomo: Commissioner Carmichael: Commissioner Johnson: Commissioner Sorg: LCU FY20 01/20 Rev. 3 LCU Board Resolution No. 20-21-059 Page 3 of 3 APPROVED AS TO FORM: Sr. Assistant City Attorney LCU FY20 01/20 Rev. 3 joCity of las Cruces MOUNTAINS OF OPPORTUNITY MEMORANDUM To: Delilah A. Walsh, Interim Utilities Director From: Fred Bourger, Contract Project Manager, Initials: A),q-k- Environment and Technical Support Date: October 23, 2020 File #: N/A Subject: Recommendation Memo - Sole Source Flip Screen, LLC, Project 20- 21-059 I am requesting to enter into a contract with Flip Screen, LLC ("Flip Screen"), of Dallas, Texas, with a Sole Source Determination approved through the City of Las Cruces Purchasing. Flip Screen will provide a WL270 Flip Screen with 1-inch, quick hook-up with hoses, and hitch, which will be used on a Loader that Flip Screen will also provide. This additional Flip Screen will allow the operators at the Pre-1965 Foothills Landfill to screen additional waste material and help to expedite the waste screening process. This will eliminate clean soil being hauled off as Construction & Demolition Waste ("C&D") to the Corralitos Regional Landfill and reduced landfill tipping fees. We are behind schedule due to equipment failures, COVID-19 related issues, and with this added Flip Screen we anticipate meeting our February 2021 deadline. Flip Screen has provided a rental quote for the WL270 a discounted rate of $15,000.00 per month and Loader monthly cost of $16,000.00. Based on funding limitations on the project we are estimating a three month rental of both pieces of equipment. New Mexico Gross Receipts Tax ("NMGRT") is not required by this Vendor and therefore not added to estimated costs. I am requesting an initial lease for three months for a total funding request of $93,000.00 for this contract, which is estimated based on the quote provided by Flip Screen. Flip Screen anticipates delivery within two weeks upon Notice to Proceed. Below outline the fees requested. Description Fees Monthly lease x 3 ($31,000.00) includes of Flip-Screen, 1-inch screen, Wheel Loader, quick hook up w/hoses $ 93,000.00 Freight and Return $ included NMGRT Not required by Vendor Total $93,000.00 AN EQUAL OPPORTUNITY EMPLOYER Delilah A. Walsh, Interim Utilities Director Page 2 of 2 Recommendation Memo - Sole Source Flip Screen, LLC. October 23, 2020 The funds are available in FY20/21 account as shown below: FH Closure/Purch Services 50934009-721080-11682 $93,000.00 Thank you for your consideration in this matter. Please feel free to contact me at 528-3572 if you have any questions or require additional information. Approved: p-" Disapproved: ❑ Delilah A. Walsh, Interim Utilities Director Date Attachments: Flip Screen, LLC Quote, Dated October 14, 2020, G/L Account Master Inquires, Approved Sole Source Determination cc: Carl N. Clark, P.E., Deputy Director ENVR/TS Initials: G✓� �C cc: Domonique Rodriguez, Rate and Economic Analysis Initials:-,-jC Manager cc: Robin Lawrence, Deputy Director Solid Waste City of Las Cruces` City of Las Cruces, NM MOUNTAINS OF OPPORTUNITY G/L ACCOUNT - MASTER INQUIRY Org code: 50934009 FOOTHILLS LANDFILL CLOSURE POS Type: E Object code: 721080 PURCHASED SERVICES GENERAL Status: A Project code: 11682 FOOTHILLS PRE-1965 Budgetary: Y Fund 5510 SOLID WASTE LANDFILL CLOSURE DIVSION 30 CITY MANAGER OFFICE DEPARTMENT 340 UTILITIES SECTION 0934 REGULATORY COMPLIANCE & TRAINI SUBSECTION 0934D FOOTHILLS LANDFILL CLOSURE POS MISC 0000 NONGRANT OPEN 00 Undefined FUNCTION 00 NONFUNCTION Project 11682 FOOTHILLS PRE-1965 Full description: PURCHASED SERVICES GENERAL Short desc: PURCHASED Reference Acct: Auto-encumber? (Y/N) N --------- CURRENT YEAR MONTHLY AMOUNTS ---------- PER ACTUAL ENCUMBRANCE BUD TRANSFER BUDGET 00 .00 603,144.37 .00 .00 01 206,351.88 -105,965.64 .00 1,135,000.00 02 25,312.34 275,332.27 .00 .00 03 94,871.61 -63,592.35 .00 .00 04 9,706.64 23,093.94 .00 .00 05 .00 .00 .00 .00 06 .00 .00 .00 .00 07 .00 .00 .00 .00 08 .00 .00 .00 .00 09 .00 .00 .00 .00 10 .00 .00 .00 .00 11 .00 .00 .00 .00 12 .00 .00 .00 .00 13 .00 .00 .00 .00 Tot: 336,242.47 732,012.59 .00 1,135,000.00 ---------- CURRENT YEAR TOTAL AMOUNTS ----------- Actual (Memo) 336,252.37 original Budget 1,135,000.00 Encumbrances 732,002.69 Budget Tranfr in .00 Requisitions .00 Budget Tranfr out -603,144.37 Total 1,068,255.06 carry Fwd Budget 603,144.37 Available Budget 66,744.94 Carry Fwd Bud Tfr .00 Percent used 94.12 Revised Budget 1,135,000.00 Inceptn to SOY .00 Inceptn Orig Bud .00 Inceptn Revsd Bud .00 Encumb-Last Yr .00 DEPT .00 Actual-Last Yr .00 DIRECTOR 1,135,000.00 EStim-Actual 1,738,144.37 BGT OFFICE 1,135,000.00 .00 CITY MGR 1,135,000.00 COUNCIL 1,135,000.00 Report generated: 10/22/2020 16:20 Page 1 user: drodriguez Program ID: glactinq 4#City of las Cruces) PURCHASING SECTION SOLE SOURCE DETERMINATION GUIDELINES CITY OF LAS CRUCES PROCUREMENT CODE SEC. 24-95. SOLE SOURCE PROCUREMENT A contract may be awarded without competition when the purchasing manager determines in writing, after conducting a good-faith review of available sources, that there is only one source for the required supply, service, or construction item,- or tem,or when it is likely that award to any other source would result in: (9) Substantial duplication of cost to the city that is not expected to be recovered through competition;or (2) Unacceptable delays in fulfilling the city's requirement. The purchasing manager may conduct negotiations, as appropriate, as to price, delivery, and terms. A record of sole source procurement shall be maintained as a public record and shall list each contractor's name, the amount and type of each contract, a listing of the items procured under each contract, and the identification number of each contract file. SOLE SOURCE DETERMINATION GUIDELINES In determining a sole source procurement, the Procurement Code (Section 25-95) requires two major actions as follows: 1. "...conducting a good faith review of available sources", and, 2. "...conducting negotiation, as appropriate, as to price, delivery and terms." To address financial audit or any public inquiry, written documentation of sole source determinations supported by factual evidence of the above two actions must be part of the procurement record. The facts should include sufficient information to ensure that the Code requirements are adhered to. As examples, a good faith review would include facts confirming the following: 1. Results from quote/bid/RFP solicitation; 2. Inquiries made with alternate firms; 3. Effort taken in conducting an internet search, contacting other government sources, trade journals, catalogs, etc. Regarding negotiation, options for reducing the price, improving delivery or other terms should be requested from the sole source vendor. If possible, a written response from the vendor to these requests would be sufficient evidence that negotiation for documenting the negotiation. Also, the Code includes another justification for determining a sole source procurement by allowing for non-competitive procurement from a single source based upon the following: 1. "...substantial duplication of cost to the city that is not expected to be recovered through competition", or 2. "...unacceptable delays in fulfilling the city's requirements" Again, factual evidence in support of the above two conditions is necessary to be documented in a written determination. As such, the following needs to be included: 1. Which costs are being duplicated and how much. These two facts should support a determination that the duplicate costs are "substantial". Once the duplicated costs are identified, facts are needed to support a determination that such costs cannot be recovered through competition. This would require a review and understanding of market conditions that could be documented as evidence. Examples would be prior comparable bid pricing, vendor notices of market price escalations, any significant price index trends, etc. 2. Likewise, evidence is necessary for determining that the competitive procurement timeframe is "unacceptable". As such, the following needs to be documented: a. The minimum time required for conducting a competitive procurement; b. The critical nature of the city's requirement for more timely receipt of needed product/service/construction. The user should provide specific details regarding its previous planning effort, optional approaches, consequences of delayed receipt of product/service/construction, etc. The following form must be completed and submitted to the Purchasing Section for all sole source procurements. Rev: Apr 2017 Will of las Cruces PURCHASING SECTION SOLE SOURCE DETERMINATION ACKNOWLEDGEMENT I am aware of the City's requirements for purchasing all items via competitive procurement plus criteria for justifying a sole source procurement. I have obtained and assessed necessary technical information and have made a concerted effort to consider and review equipment/services from alternate sources. I have attached pertinent and relevant documentation supporting this effort and from which a sole source determination may be based. Request By:FHB (Note: The person requesting a sole source determination should be an expert and capable of supporting thi quest) Signed Date: v Recommendation: Company Name: Flip Screen, LLC Contact Name: Paul Esposito Address: 10990 Petal Street, Suite 300 City, State, Zip: Dallas, Tx 75238 Telephone: (469) 892-2050 Fax Number: Email: usa(d_)flipscreen.net PLEASE NOTE: An approved Sole Source Determination may be used for up to two years from date of first use. Information for additional procurements should be added as needed, and then the updated form should be attached to the new requisition(s). Description of Product/Service: Requisition # Estimated Cost Date Rental of Specialized Screening Equipment $93,000.00 10/15/2020 Page 1 of 4 Revised Jan 2017 SOLE SOURCE RATIONALE (Note:Avoid general or vague understandings and/or unsupported conclusions) A. Is the purchase a tangible product? (must select Yes or No) ® Yes (complete questions 1-8 below) ❑ No (continue to Section B) 1. Is it sold exclusively by the manufacturer? ® Yes ❑ No If Yes, explain how you arrived at this conclusion: Flip Screen LLC is the sole provider for this type of equipment in the country. 2. Is it sold exclusively through a single distributor? ® Yes ❑ No If Yes, explain how you arrived at this conclusion: The Flip Screen are designed and built by Flip Screen Australia and is covered by US Patent #7,591,379. 3. Is the product sold through multiple distributors who are restricted to exclusive marketing territories? ❑ Yes ® No If Yes, explain how you arrived at this conclusion: 4. Are similar products available to the product from the recommended company? ❑ Yes ® No If No, explain how you arrived at this conclusion: Flip Screen units are designed and built by Flip Screen Australia. Flip Screen, LLC is now the only distributor for Flip Screen Australia in Western US region. 5. Is a similar product obtainable from other sources? ❑ Yes ® No If No, explain fully how you arrived at this conclusion: Only Flip Screen is authorized to provide technical support and parts on these units. 6. Would a similar product from an alternate source meet the City's requirements? ❑ Yes ® No If No, explain how you arrived at this conclusion.- Although onclusion:Although no one makes a similar unit contracting any other source or unit could result in unacceptable delays, permitting and improper technical support in meeting City's requirements. No moving parts except for the end rotators which are hydraulic driven which limits maintenance and repair. The equipment does interface with the type and hitch mechanism we have currently on City owned equipment. 7. Is there substantial duplication of costs by contracting with any other source that would not be recovered through a competitive procurement? ® Yes ❑ No If Yes, explain fully how much cost and how you arrived at this conclusion: Flip Screen Australia is the sole provider of these units, it would take an extensive amount of time and resources to select an alternate device for our purposes. Page 2 of 4 Revised Jan 2017 8. Would contracting with any other source force an unacceptable delay in meeting the City's requirements? ® Yes ❑ No If Yes, explain fully the City's requirements and how you arrived at this conclusion: Although no one makes a similar unit contracting any other source or unit could result in unacceptable delays, permitting and improper technical support in meeting City's requirements. B. Is the purchase for services or software? 1. Are similar services or software obtainable from other sources? ❑ Yes ® No If No, explain fully how you arrived at this conclusion: Flip Screen Australia is the sole provider of these units, it would take an extensive amount of time and resources to select an alternate device for our purposes. 2. Would similar services or software from alternate sources meet the City's requirements? ❑ Yes ® No If No, explain how you arrived at this conclusion: Contracting any other source could result in unacceptable cost and time delays in meeting City's requirements. 3. Is there substantial duplication of costs by contracting with any other source that would not be recovered through a competitive procurement? ❑ Yes ® No If Yes, explain fully how much cost and how you arrived at this conclusion: 4. Would contracting with any other source force an unacceptable delay in meeting the City's requirements? ® Yes ❑ No If Yes, explain fully the City's requirements and how you arrived at this conclusion: Although no one makes a similar unit contracting any other source or unit could result in unacceptable delays, permitting and improper technical support in meeting City's requirements. Page 3 of 4 Revised Jan 2017 DETERMINATION(to be completed by the Purchasing Section): Based upon the information and support provided in justifying this request for sole source procurement, a sole source determination is hereby dAPPROVED ED NOT APPROVED-for the following reason(s): If a determination for sole source procurement is hereby approved, negotiation with the selected source should be attempted and documented. Documentation includes terms"conditions/price offered prior to and after negotiation. This determination shall remain effective until such time that the reasons for this determination stated herein no longer apply, Signed: Date: /C' Revised Jan 2017 Page 4 of 4 FLIP SCREEN, LLC 10990 Petal Street,Suite 300,Dallas,TX 75238 e-mail usa@fipscreen.netweb www.flipscreenglobal.comnuO}e Main:469-892-2050 Fax:469-892-6584 DATE: 14-Oct-2020 Invoice To: City of Las Cruces Deliver To: City of Las Cruces Address: 555 Sonoma Ranch Blvd Address: 555 Sonoma Ranch Blvd Las Cruces,NM 88011 Las Cruces,NM 88011 INVOICE NUMBER: TBD Order Number/ Fred Bourger 575-649-0879 Flip Screen Contact: Paul Esposito-214-878-9825 Contact: fbourger@lascruces.org Item Description Unit Price in USD$ (Model&Serial#) (Include applicable sizes and part numbers) WL270 Per month rental rate $28,000.00 1 Screen Mesh i" Included Serial Number: WL2 70.0214,0004 Carrier: Loader 74,000 lbs Per month rental rate $16,000.00 All hoses and valves are included. Freight from Dallas,TX Included Discount on WL270 rental rate per month $ (13,000.00) Prices Valid for 10 Days from Date of Quotation BALANCE DUE $31,000.00 Terms: First Month Rental in Advance with 4 month Minimum Rental Term I confirm that I have agreed to Flip Screen LLC's Conditions of Sale(back page)and that I am authorized to enter into this agreement for the purchase of the goods listed on this invoice on behalf of the purchasing company. Name: SIGNATURE: Company: IMPORTANT SAFETY INFORMATION:DO NOT OPERATE YOUR FLIP SCREEN BEFORE OFFICIAL COMMISSIONING PROCEDURES HAVE BEEN COMPLETED& COMMISSIONING DOCUMENTS RETURNED TO FLIP SCREEN LLC.USING THE FLIP SCREEN BEFORE DOING SO IS A SAFETY BREACH AND IMMEDIATELY VOIDS WARRANTY. IMPORTANT OPERATIONAL INFORMATION Proportional 2-way flow is required to operate Flip Screens[A&B Ports are closed when in neutral position].Flip Screens cannot be fitted to carrier machines with'bang-bang'valves.Using these will void your warranty. PAYMENT EFT(WIRE TRANSFER)DETAILS Bank:Branch Banking and Trust Company,2400 N Dallas Parkway,Ste 160,Plano,TX,75093 Account Name:Flip Screen LLC ABAI Routing Number:111017694 Account Number:1440011125674 SWIFT Code:BRBTUS33 Please enter your company name and this invoice number in the EFT payment description field. CREDIT CARD PAYMENTS AUTHORISATION DETAILS Name on card: Card Number: Card holder signature: Expiration Date: Type of card: Visa/Mastercard/AMEX Security Code: The Best Screening Attachment in the World FLIP SCREEN LLC CONDITIONS OF SALE Prices. Unless otherwise stated,prices are ex-warehouse.The right is reserved to apply prices ruling at the time of delivery.Special transport charges or variations in tariffs,rales of exchange,goods and services tax,special taxes, transport charges,insurance premiums,harbour dues or similar costs and increases in wages,cost of material or otherwise which affect the goods offered or sold are to be to the purchaser's account.This stipulation also holds goods for quotations submitted and contracts made after the outbreak of war.All prices are plus sales tax I goods and services tax if applicable. Packing: Special packing is charged at cost price and is not returnable.Some packaging material may be charged with a deposit,which is refundable on the return of this material(with the freight prepaid). Terms of Paymenf: All payments will be made prior to shipment by Bank Cheque or Telegraphic Transfer.Unless otherwise stated,terms of payment are net cash before delivery.Payment shall be made against each part or portion of the order as delivered.If a customer fails to comply with such terms of payment,or requirements to secure payment Flip Screen LLC reserve the right to withhold further deliveries or at its option,terminate the agreement,and any unpaid amount shall thereupon become immediately due.All proposals include a 3.5%cash discount.Customers who do not pay with cash,cheque,Bank Wire,orACH transfer will have their purchase adjusted at the time of payment.All bank cheques issued for payments require a 10-business-day hold to cleat funds before goods will be released. Retention of Title: 'Ownership'and property in the goods delivered remains with Flip Screen LLC unfit Flip Screen LLC has received payment in full of all monies owing by customer to it in full.If payment is not made by the due date we shall, without prejudice to our other remedies,be entitled to retake position of the goods and hold them until full payment has been received,or to resell the goods and to recover the deficiency on resale plus costs of repossession from your Company.For so long as ownership and property in the goods remains with Flip Screen LLC the customer will hold the goods as bailee for Flip Screen LLC and the proceeds of sale thereof in trust for Flip Screen LLC and if payment for the goods is not made on a due date,Flip Screen LLC has the right to enter premises to take possession of the goods' Time of Delivery: Unless otherwise agreed upon,the time of delivery is calculated from the dale of receipt of all details necessary for the execution of this order.Although every effort is made by Flip Screen LLC to keep the delivery promised, Flip Screen LLC assumes no liability for loss or damage occasioned by delays in delivery.Offers of delivery,ex stock,are subject to confirmation on receipt of order.Without being liable to pay indemnity,Flip Screen LLC reserve the right to cancel the contract of purchase entirely or in part or to extend delivery time in the case of force majeure,strikes,lock-outs or other interruptions in operation,stoppages,breakdowns in machinery,fires,in our subcontractors works,transport difficulties,war or blockade,involving Australia or any other country from which the material required for the goods on order is expected to be procured and every circumstance of political, economical or other nature beyond our control.Flip Screen LLC shall have the same rights set out in the proceeding paragraph if circumstances arise which create for us or our subcontractors,difficulties in procuring material or labour necessary for manufacture,the overcoming of which difficulties would entail additional costs that we or our subcontractors ought not reasonably to have calculated with them when submitting quotations or making contracts.The above stipulations also hold well for quotations submitted and contracts made after the outbreak of war. Insurance: Flip Screen LLC is under no obligation to insure the goods after the property in the goods has passed to the purchaser.That includes goods delivered to wharf,rail or outside carrier.Risk passes to the customer when the goods leave Flip Screen's warehouse.The customer accepts the goods in their current slate ex warehouse,whether or not the customer has inspected same.Flip Screen is under no obligation to insure the goods after risk has passed to the customer. Claims: Claims for shortages of goods should be made in writing immediately upon receipt of goods and no claim will be recognized unless made within 7 days from receipt of the consignment in respect of which the shortage is alleged.Claims for non-receipt of the goods must be made within 7days of the dale of invoice.Other claims will not be considered unless received within 14 days of receipt of the goods and reference is made to the appropriate dispatch advice or invoice number. Return of Goods for Credit: Goods covered by this quotation will not be acceptable for return without prior written approval from Flip Screen LLC and the return freight prepaid by the purchaser.Goods returned will be subject to a credit service fee of 15%. Guarantee: A guarantee is furnished for our product in that we undertake to repair or replace free of charge within the warranty period,products or parts thereof which have become unusable owing to defects in material or workmanship. Flip Screen LLC accepts no responsibility for direct or indirect losses,which the purchaser may suffer in consequence of defective material or workmanship and we shall be under no liability for loss or damage arising out of the use of the goods in any way whatsoever in relation thereto. Waffan : Flip Screen Pty Ltd does not provide warranty in mining and dry hire applications.Refer to Warranty related documentis for more detail. Service: Any service or advice which may be offered by Flip Screen LLC its servants or agents to users of its products is rendered in all good faith and Flip Screen LLC shall not be liable for any loss or damage arising therefrom. Prototype: Where goods delivered under this contract are described as'prototype'the customer acknowledges that the goods are in research and design stage and are sold to the customer at an appropriately discounted price.The customer further acknowledges that the prototype may require further alteration by Flip Screen at the customers expense to allow it to perform according to the customer's requirements.To the extent permitted by legislation, Flip Screen gives no warranty or guarantee about the length of the working life of the goods,the reliability of the performance of the goods,how much or what maintenance the goods will require or the suitability of the goods and any guarantee given under this agreement is of no effect. Specifications: Every effort is made to ensure that descriptions,drawings and other information as agreed to in correspondence,catalogues,manuals,etc.are correct and accurate,but no warranty is given in respect thereof,and Flip Screen LLC shall not be liable for any error therein. Acceptance of Quotation: Quotations are open for acceptance within 30days from date thereof,except where otherwise provided on quotation document.Acceptance of quotations must be accompanied by whatever information is necessary to enable Flip Screen LLC to proceed forthwith.The time of delivery is calculated from the date of receipt of all details necessary for the execution of the order and must be confirmed at the time the order is placed.Quotations include only the work material or products as specified in the quotation.All details such as weights,Etc.,supplied in quotations are approximate only and are based on information available to Flip Screen LLC at time of quoting.In the event of suspension of work on the Purchaser's instructions or lack of instruction or by failure to provide sufficient information to enable the work top proceed uninterruptedly,the contract price may be increased to cover any extra expenses thereby incurred.The same will apply in the event of cancellation of the contract the client may be charged with all costs incurred. Commissioning and Safety Training: I will NOT operate or allow my Flip Screen to be operated before completing all training,signing AND returning commissioning documents to Flip Screen LLC:If]or any operator does NOT comply with this obligation it is my Safety Breach and Warranty is Void. City of Las Cruces MOUNTAINS OF OPPORTUNITY LAS CRUCES UTILITIES BOARD OF COMMISSIONERS ACTION FORM For Meeting of November 12, 2020 (Adoption Date) TITLE: A RESOLUTION REQUESTING FUNDS FOR A SOLE SOURCE CONTRACT TO FLIP SCREEN, LLC, OF DALLAS, TEXAS, FOR EQUIPMENT SUPPORT OF THE PRE-1965 FOOTHILLS LANDFILL WASTE EXCAVATION, PROJECT NO. 20-21-059, FOR A TOTAL REQUESTED AMOUNT OF $93,000.00. BACKGROUND: Las Cruces Utilities ("LCU") is requesting to enter into a contract with Flip Screen, LLC ("Flip Screen"), of Dallas, Texas, with a Sole Source Determination approved through the City of Las Cruces Purchasing. Flip Screen will provide a WL270 Flip Screen with one-inch screen, quick hook-up with hoses, and hitch, which will be used on a Carrier Loader that the WL270 Flip Screen will also provide. This additional WL270 Flip Screen will allow the operators at the Pre-1965 Foothills Landfill to screen additional waste material and help to expedite the waste screening process. This will eliminate clean soil being hauled off as Construction & Demolition Waste ("C&D") to the Corralito's Regional Landfill and reduced landfill tipping fees. We are behind schedule due to equipment failures, COVID-19 related issues, and with this added Flip Screen we anticipate meeting our February 2021 deadline. Flip Screen has provided a rental quote for the WL270 Flip Screen at a discounted rate of $15,000.00 per month and a Carrier Loader monthly cost of $16,000.00. Based on funding limitations on the project we are estimating a three-month rental of both pieces of equipment. New Mexico Gross Receipts Tax ("NMGRT") is not required by this Vendor and therefore not added to estimated costs. I am requesting an initial lease for three months for a total funding request of $93,000.00 for this contract, which is estimated based on the quote provided by Flip Screen. Flip Screen anticipates delivery within two weeks upon Notice to Proceed. Below outline the fees requested. Continue on additional sheets as required Name of Drafter: Department: Phone: Carl N. Clark P.E. Utilities 528-3548 Account Number: Amount of Expenditure: Budget Amount: 50934009-721080-11682 $93,000.00 $66 774.94 Strategic Plan Goal / Objective / Strategy Addressed: N/A Performance Bud et Goal / Objective Addressed: N/A Department Signature- Phone Department Signature Phone 528-3512 , � 541-2300Utilities Assistant Legal 541-2128 City Manager �l� 541-2271 City Manage / 541-2076 LCU 5/18 Rev.4 LCU Board Action Form Page 2 The funds are available in FY20,21 account as shown below: FH Closure/Purch Services 50934009-721080-11682 $93,000.00 1. LCU Resolution No. 20-21-059. 2. Exhibit "A" - Recommendation Memo to Delilah A. Walsh, Interim Utilities Director with Associated Attachments. BOARD OPTIONS: 1. VOTE "YES" - Will approve Resolution No. 20-21-059 and approve the Sole Source Contract with Flip Screen for a total contract amount of $93,000.00. 2. VOTE "NO" -Will reject Resolution No. 20-21-059, and not approve the Sole Source Contract with Flip Screen for a total contract amount of $93,000.00. Staff will require strategic guidance. (Continue on additional sheets as required) City of las Cruces° MOUNTAINS OF OPPORTUNITY LAS CRUCES UTILITIES BOARD ACTION FORM AND RESOLUTION ROUTING SLIP The purpose of this Routing Slip will help ensure the highest quality of work is presented to the LCU Board of Commissioners for action on the Resolution. As the drafter of a Las Cruces Utilities (LCU) Board Action Form (BAF) and Resolution (RES) you are responsible to ensure all documents submitted for the Utilities Director's approval are without errors. Please identify a Utility associate to review the entire BAF/RES packet, including any Exhibits and/or Attachments; followed by your Deputy Director. The FINAL COMPLETE BAF/RES packet is required no later than 8:00am 15- working days before the Board Meeting. The additional time is required to obtain all final signatures from City Hall and create the agenda packet in order to distribute to the Board Members. For Meeting of: November 12, 2020 Resolution: 20-21-059 (Date) UTILITY STAFF REVIEWERS PRINT NAME INITIALS DATE 1. Drafter Fred Bour er 2. Selected by Drafter Kristin F. Montoya �° Z Z-D 3. Deputy Director Carl N. Clarko 94- 4. Budget Verification by Rate & Economic Analysis Domoni ue Rodriguez la zla•u� 5. Senior Office Mana er Alma Ruizte rim U ctorah A. OR(� } Q� v Dc� 09 .zo cmenascmees J LCU BAF/RES ROUTING SLIP FY21 9/2020 Rev.1