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R-2020-0277 - 10/8/2020RESOLUTION NO. R-2020-0277 WHEREAS, the City of Round Rock ("City") desires to purchase water quality testing equipment, supplies and chemicals to support the City's utility operations, and related goods and services; 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, Hach Company is the sole source provider for these goods and services; and WHEREAS, the City desires to enter into an Agreement with Hach Company to purchase water quality testing equipment, supplies and chemicals to support the City's utility operations, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for Purchase of Water Quality Testing Equipment, Supplies and Chemicals with Hach Company, a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. 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 8th day of October, 2020. CRAIG VORGA , Mayor City of Round R ck, Texas ATTEST: f SARA L. WHITE, City Clerk 0112.20202, 004.5600.5 EXHIBIT „ A „ CITY OF ROUND ROCK AGREEMENT FOR PURCHASE OF WATER QUALITY TESTING EQUIPMENT, SUPPLIES AND CHEMICALS WITH HACH COMPANY KNOW ALL SY THESE PRESENTS: THAT THIS AGREEMENT for the purchase of water quality testing enul*p ent, supplies and chemicals to support the City's utility operations, and for related goods and services (referred to herein as the "Agreement"), is made and entered into on thl's the day of the month of , 2020 by and between the CITY OF RUUND ROCK, a Texas home -rule municipality, whose offices are located at 221 East Main Street, Round Rock, Texas 78664m5299 (referred to herein as the "City"), and HAC COMPANY, whose offices are located at PO Box 389, Loveland, Colorado 80539 (referred to herein as "Vendor"). RECITALS: WHEREAS, City desires to purchase certain goods, specifically water quality testing equipment, supplies and chemicals to support the City's utility operations, and City desires to procure same from Vendor; and WHEREAS, expenditures that are for procurement of items from only one source are exempt fro- competitive bidding requirements pursuant to Section 252.022 of the Texas Local Government Code; and WHEREAS, the City has determined that Vendor is a sole source provider for these goods and services; and WHEREAS, the parties desire to enter into this Agreement to set forth in writing their respective rights, duties, and obligations; NOW, THEREFORE, WITNESSETH: That for and in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, it 11 is mutually agreed between the parties as follow: 00448182/**ss2 1.01 DEFINITIONS A. Agreement means the binding legal contract between City and Vendor whereby City agrees to buy specified goods and/or services and Vendor is obligated to provide said goods and/or services. B. City means the City of Round Rock, Williamson and Travis Counties, Texas. co Effective Date means the date upon which the binding signatures of both parties to this Agreement are affixed, E. Goods and Services mean the specified services, supplies, materials, commodities, or equipment. F. Vendor means Hach Company, its successors or assigns. 2.01 EFFECTIVE DATE, TERM Aft..Ad& A. This Agreement shall be effective on tttae date this Agreement has been signed by each party hereto, and shall remain in full force and effect unless and unti"I it expires by operati'bon iof the te indicated herein, or s terminated or extended as provided herein. B. The term of this Agreement shall be for sixty (60) months fro the effective date herein. Cie City reserves the right to review the relationship with Vendor at any ti e and aYAgreementor without cause or elect to te inate this withmayelect to continue.., 3.01 CONTRACTDOCUMENTS AND . The goods and services which are the subject matter of this Agreement are described in Exhibit "A" and, together with this Agreement, comprise the Contract Documents. Any ON 1% to inconsistencies or conflicts in the contract documents shall be resolved by giving preference to the terms and conditions set forth in pages one (1}through nine of this Agreement 4.01 ITEMS A. The goods and services which are the subject matter of tlais Agreement are described generally in the attached Exhibit "A." 2' B s, This Agreement shall evidence the entire understanding and agreement between the parties and shall supersede any prior proposals, correspondence or discussions. C. Vendor shall satisfactorily provide all items described in Exhibit "A" within the contract term specified. A change in any term of this Agreement, must be negotiated and agreed to in all relevant details, and must be embodied in a valid Supplemental Agreement as described herein. 5.Q1 COSTS A. City 16topay supplies and services the te ofthisA ee entat the pncing set forth at in Exhibl*t "A." Vendor specl"ficall and a reesthatCityis K-- Y 9 not obligated to use or purchase any estimated annual quantity of goods or services. Only if, and when needed by City, the costs listed on Exhibit "A" shall be the basis of any charges collected by Vendor. Be The City shall be authorized to pay the Vendor an amount not -to -exceed Ninety Thousand and No/100 Dollars (S9U,000.00) per year for a total not -to -exceed amount of Four Hundred Fifty Thousand and No/100 Dollars ($450,000.00) for the term of this Agreement. 6.Q1 INVOICES All invoices shall include, at a minimum, the following information: A. Name and address of Vendor; Bo Purchase Order Number; C. Description and quantity of I'te s received; and Do Delivery or performance dates, 7.01 NON -APPROPRIATION AND FISCAL FUNDING This Agreement is a commitment of City's current revenues only. It is understood and agreed that City shall have the right to terminate this Agreement at the end of any City fiscal year if the governing body of City does not appropriate Rmds sufficient to purchase the goods and City's budget for the fiscal year in question. City services as determinedbymay effect such termination by giving Vendor a written notice of termination at the end of its then current fiscal year. 8.01 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Vendor will be made within thirty (30) days of the day on which City receives the performance, 3 fi :�uatuaa�td Sqj 01 P.1UiiQ.IR13saaEu�isap qm jlutlaq sp l pi ui jou oazioq4nic QA[jjUQSx1.JIiiU d3.I 1fA0jj0j atIl Aq;.)Ioq Aj!D 9 # I aAI.LV.LAT:1S3Zid S.AZI3 TO'ZI *s.ioijddns -ioioijddnsi;)qjouu uzosj3npozd u►-ejqo ol IMPOMLlea iopua�Jjuondo AJQSQ1 1,e) at toads sle zo/pu� S 002 au-1 OpIA01d j0UUUV 211 -1 4 0-1 X4 1 P11q atwoP S2IOQN:IA 3.LdN2I`rd"w,Lrld H.LIM Q3DV'Id S2IHQ2][O IQ'ii "SO 18q3 s�iapuan ui papniour aq you liBcls xEj ajo Zia 616XV1 saj�� a��as asi�xg04ij Id OX0 S1q1 S3XV.L TO'Oi *zpoD liouad sExaZ aua jo 8 ajj!jL ui polvis sailliauad ol joa qns aq Xv -10PuQA "uOUIPPE ul olua, zoj2V- siqj jo a�creuua�.zad auk ol ��adsa.� u�inn antj�Juasazda.� pa;aaja io aa�Co1duza 0 .10:)UJO �tD Cue 01 sanc�euasaidazjjo sjuaSog sil JO IOPuQA Aq UZA11? 10 pa.10 0 010M aS1AU0q100 91 zo 1Sjj!S 1jUa=1rv-QjU0- 3ouo� aca ui Sawa jo sat�m�rB �eq� ApD Cq pautuajap si ii ji4 6 & A ff0 zopuan 01 XjtT�Jq!�noinqjjuowaoi9V siql ja:)u183 "J0PuQA 01 oonou ua�tmCqu'Arm Aj!0 9 L S�$Rig Qi�i� SPamI.LIl1,LV2I9 IO'6 •juacuaa.iift Iunuoe.uuo� inns ioqjoio �uauzaa.zS�t ar�j xo -iap-io asBqo.md aqj uo 'AUV Jt 'SU01j:)n-.m---,SU1 TA& X)URID010033Vus u��o1. alreuaou 0119 Sc1310A11TI Ip19q0 is -v •Q io `a�eigq ol juaui�t�d auk sasn�a �� pauuoj.zad a�tnjas act �pa�aniapspoofo aq� Inoqu j01jss�ddn1 pule 1013193AU03qns 1 v ua2mlaq jo joloiciluooqns u PUB J0PU0A uoomlaq oindsip apg vuoq r si ojoqjL AD 0 J0 `sPunj Iejiapa9gacnn9 j uawLKvd Xjaf1rHj�u►xuruu A uzo4 AIiD Juanaxd altueis zo `uoiiqejaai 4juuiS 'jiR4UO3 IU.zapaj 12 jo suuaj au,I, es so ".olul as ol juauz�Ced aqj osnvo jrqj p2 ojuad 231ta2S Zqj 10 P21DAIJOP SP00ii act 1noqu jQTjddnsio 9 io;oe.�uoogns jo aE.uuoo E 11�a�qaAaaindsip ageupoq e si azagi,o*vOPU.QA PUB iD u& 9 :juana ate ui j(4io YCq apeui s}uauzrCed o4 Aiddr you saopA�tiods�qa6J;)A;)MOq ceo(q)gZo I gIZZ uo��as:).Do URI1�-40�V I Uot OAO ID IE)SEXOJL c*V*D*JL*A q1inn 23UUP103310 UT "anpiZA0 90 0:)Oq luouaXEd aql c��unnuc iEarC l�osg at�l jo .0 41 i lagruajdag uo ,13ojjo ui a113a„ aq; lie luacuAed anp.iano uR uo Isa1aJuI a211RRq:) rCt!cu J0PuQA &.10121 sc sana�{�ignn 'ScIDTAIDS JO SQjqU1QA1jap 10/pUB POU18 o ad nul -io-T zaiOAUT j3QJJ03 13 SOAT030J 1(11D 0 91--Yr ��,%T0T431qM UO KUP 0qj JO SARP (of) kVlql Ulql!A& 10 '2101d 03 S13A& SOMAJOS JO 03UV OJICIDd 0qj q:DlqA& -6 0 0 uo (Ep auoCp�4 O%J0 6 f# Sful U1IM 10 sajgetantp/put:, luouLtdmba Isieza�euaiiddns{;-L-7 Ilojid0 William Kinder Water Treatment Plant Superintendent Utilities and Environmental Services 3400 Sunrise Road Round Rock,, Texas 78665 (512) 341-3134 wkinderj?a`oundrocktexas. gov 13.01 INSURANCE Vendor shall meet all insurance requirements set forth in the attached Exhibit 64B 11) incorporated herein by reference for all purposes. 14.01 RIGHT TO ASSURANCE Whenever either party to this Agree ent, in good fai*th, has reason to question the other yparty S intent to perfo hereundermaythen de and bemade to the other party for written assurance of the intent to perform.the event that no written assurance is given within the reasonable time specified when demand is made, then and in that event the demanding party may treat such failure as an anticipatory repudiation of this Agreement. 15.01 DEFAULT If Vendor abandons or defaults under this Agreement and is a cause of City purchasing the specified goods and/or services elsewhere, Vendor agrees that it may be charged the difference in cost, if any, and that it will not be considered in the re -advertisement of the service and that it may not be considered in future bids for the same type of work unless the scope of work is significantly changed, a Vendor shall be declared in default of this Agreement if it does any of the fallowing: As Fails to fully, timely and faithfully perform any of its material obligations under this Agreement; Be Fails to provide adequate assurance of performance under the "Right to Assurance" section herein; or C. Becomes insolvent ar seeks relief under the bankruptcy laws of the United States. 16.Oi TERMINATION AND SUSPENSION I As City has the right to €erminate this Agreement, in whole or in part, for convenience and without cause, at any time upon thirty (30) days' written notice to Vendor. 5. B. In. the event of any default by Vendor, City has the right to terminate this Agreement for cause, upon ten (10) days' Written notice to Vendor. Is inC Vendor has the right to te i"nate this Agreement only for cause, that being the event of a material and substantial breach by City, or by mutual agreement to terminate evidenced writing by and between the parties. D. In the event City teminates under subsections (A) or (B) of this section, the following shall apply: Upon City's delivery of the referenced notice to Vendor, Vendor shall discontinue all services in connection with the performance of this Agreement and shall proceed to cancel promptly all existing orders and contracts insofar as such orders and contracts are chargeable to this Agreement. Within thirty (30) days after such notice of termination, Vendor shall submit a statement showing in detail the goods and/or services satisfactorily performed under this Agreement to the date of termination. City shall then pay Vendor that portion of the charges, if undisputed. The parties agree that Vendor is not entitled to compensation for services it would have performed under the remaining term of the Agreement except as provided herein. 17.01 INDEMNIFICATION Vendor shall defend, indemnify, and hold City, its successors, assigns, officers, employees and elected officials harmless fro and against all third party suits, actions, legal proceedings, claims, demands, daages, costs, expenses, and reasonable attorneys feesarising out of, or incident to, concerning or resulting fro the negligence of Vendor, ar Vendor's agents, employees or subcontractors, in the performance of Vendor's obligations under this Agreement. Nothing herein shall be deemed to limit the rights of City or Vendor {including, but not limited to the right to seek contribution) against any third party who may be liable for an indemnified claim. In no event shall either party's liability to the other party (including flor breach of contract indemnityclat" s. breach of wa nty clai s, claims, or anything else) exceed the purchase price of the equipment or services and neither party shall be liable to the other party for consequential, 0 incidental,0aindirect, special or punitive damages, without a u.-all'fication. . 18.01 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES A. Vendor, its agents, ernpioyees and subcontractors shall use best efforts to comply with all applicable federal and state laws, the Charter and Ordinances of the City of Round Rock, as amended, and with all applicable rules and regulations promulgated by local, state and national boards, bureaus and agencies. Ri 19.4I ASSIGNMENT AND DELEGATION it legal The parties each herebybind the selves, their successors assians and representatives to each other with respect to the terms of this Agreement. Neither party shall 41 in assign, sublet or transfer any interest this Agreement without prior written authorization of the other party, 20.01 NOTICES in All notices and other com unications connection with this Agreement shall be in writing and shall be considered given as follows: 1.0 When delivered personally to the recipient's address as stated in this Agreement; or Nothing aIs0 contained herein shall be construed to restrict the transmission of routine communications between representatives of City and Vendor, 21.01 APPLICABLE LAW; ENFORCEMENT AND VENUE This Agreement shall be enforceable in Round Rock, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be governed by and construed in accordance with the laws and court decisions of the State of Texas, *" ME* 22A1 EXCLUSIVE AGruxEMENT This document, and all appended documents, constitutes the entire Agreement between Vendor and City. This Agreement may only be amended or supplemented by mutual agreement of the parties hereto in writing, duly authorized by action of the City Manager or City Council, 7 23.01 DISPUTE RESOLUTION City and Vendor hereby expressly agree that no claims or disputes between the parties a 9 ansing out of or relating to this Agreement or a breach thereof shall be decided by any arbitration * sp proceeding, including without limitation, any proceeding under the Federal Arbitration Act (9 USC Section 1-14) or any applicable state arbitration statute, 24.01 SEVERABILITY The invalidity, illegality, or unenforceability of any provision of this Agreement or the occurrence of any event rendering any portion or provision of this Agreement void shall in no way affect the validity or enforceability of any other portion or provision of this Agreement. Any void provision shall be dee ed severed from this Agree ent, and the balance of this Agree ent shall be construed and enforced as if this Agreement did not contain the particular portion or provision held to be void. The parties further agree to amend this Agreement to replace any stricken provision with a valid provision that co es as close as possible to the 1"ntent of the I*It stricken provision. The provisions of this section shall not prevent this entire Agreement fro being void should a provision which is of the essence of this Agreement be determined void. 25.01 MISCELLANEOUS PROVISIONS & Standard of Care. Vendor represents that it employs trained, experienced and competent persons to performall of the services, responsibilities and duties specified herein and that such services, responsibilities and duties shall be performed in a manner according to generally accepted industry practices. Force Majeure. Neither City nor Vendor shall be deemed in violation of this Agreement if it is prevented from performing any of its obligations hereunder by reasons for which it is not l'ble as defined herein. However, notice impediment or delay in perfo ance ust responsof suchbe timely given and all reasonable efforts undertaken toitigateits effects. Multiple Counterparts. This Agreementay be executed i*n multi*ple counte arts, any 10IV one of which shall be considered an original of this document; and all of which,when taken together, shall constitute one and the sa e instrument., [Signatures ofollowing page.] n the IN 11ki wi TIaESS WHEREOF, City and Vendor have executed this Agreement on the dates indicated, City of Round Rock, Texas sy; Printed Name, Titie: ----------- Date Signed. Attest: Ba y* - ------------- - ---------- ---- --------------------------------------------- - - -- --- ---------------- Sara L. ite, City Clerk For Ci'*tyg A pproved to o IF y= s------------------------ - - ------------------------------------------------------------------------- - - --------------- --- I& .11d%ftft� ft" ARMI& jdzmb� I c��y tephwa L. Sheets Attomey Hach Company Printed Name: � �i.t"a.��E D *.r,5ac! Title:Aa "4 A4044Lt q----- Date Signed: 9.,�•�q�o Exhibit "A" Acknowledgement of Sales Pricing Agreement This is to acknowledge the following terms between Hach Company and City of Round Rock for purchase of Hach products, Effective Date: April 1, 2020 Expiration Date: March 31, 2021 Hach agrees to offer the following discount/price structure from current list price for the following products - Product Groups Discount Product Groups Discount Product Groups Discount Hach Lab Instruments 5% Hach Lab 5% Hach Lab Chemistries 5% Accessories/Consumables Hach Lab Resale 5% Hach Lab Micro 5% Sampler Instruments '.' D Sampler Accessories/Consumables 5% Sampler Chemistries 5% Homeland Security 5% Hach Process Instruments 5% Hach Process 5% Hach Process Chemistries 5% Accessories/Consurnables GLI Instruments 5% GLI Accessories/Consumables 5% GLI Chemisthes ........... 5% Orbisphere Instruments 15% Orbisphere. 5% ...................... . - ............ ...... I ............. ................ Orbisphere Chemistries 5% Accessories/Consurnables ... .............. ............. I ... .......... ...... ..... .......... IN Software (WIMS, JobCal) 5% .......... 1- .......... ....... I ........ .................... .............. . .. ...... 11 ...... ....... ...... ...... Hach agrees to offer Buyer Free Ground Shipping for all order transactions. Free Ground Shipping does include Molorfreight services for oversized and/or hazardous shipments, Free Shipping does not apply 6o Express method services: Second Day or Overnight. Buyer agrees to meet the minimum sales volume commitment of $60,000 for the term of the Agreement. Hach will evaluate the granted terms and discounts by expiration date, to consider renewal. This Agreement is not meant to create any binding purchase obligation on the Customer, however sets out terms under which the Customer may elect to purchase Hach product and/or services. HACH Company Signature: Name: Title: Date: City of Round Rock Signature- I Name: .......... Title* Date, Hach Terms and Conditions in effect at the time of purchase, available at htto,//www.hach.com/terms#aeneral, will apply to purchases executed under this Agreement, except and only to the extent that conflicting Terms and Conditions are sot forth in this Agreement in which the Terms and Conditions in this agreement prevail. This Agreement shall begin on the "Effective Date" and expire on "Expiration rates, shown above unless terminated by Hach in accordance with Hach Terms and Conditions. 1 Exhibit "B" DATED: JULY 2011 ROUND ROM T , IM If IV i12 10,101 ! I z [ C I a 0100 INSURANCE REQUIREMENTS 1. INSURANCE: The Vendor shall orocure and maintain at its sole cost and exr)ense for the duration of the agreement or purchase order resulting..from -.a response to the Sol icitation/Specification , insurance aqainst claims for iniuries to persons or damn ges.,to property which may arise from or in connection Frith the erformance of the work as a result of the solicitation by the successful res_pondent its agents, representatives, volunteers, employees or subcontractors. 1.1, Certificates of Insurance and endorsements shall be furnished to the City and approved by the City before work commences. 1.2. The following standard insurance policies shall be required: 1.2.1. General Liability Policy 1.2.2. Automobile Liability Policy 1.2.3. Worker's Compensation Policy 1,3. The following general requirements are applicable to all policies- 1.3.1. Only insurance companies licensed and admitted to do business in the State of Texas shall be accepted. 1.3.2. Deductibles shall be listed on the Certificate of Insurance and are acceptable only on a per occurrence basis for property damage only, 1 . 3.3. Claims made policies shall not be accepted, except for Professional Liability Insurance, 1.3A. Policies shall include, but not be limited to, thefollowingminimum limits: 1.3.4.1. Minimum Bodily Injury Limits of $300,000.00 per occurrence. 1.3.4.2. Property Damage Insurance with minimum limits of $50,000.00 for each occurrence. 1.... Automobile Liability Insurance for all owned, non -owned, and hired vehicles with minimum limits for Bodily Injury of $100,000.00 each person, and $300,000.00 for each occurrence, and Property Damage Minimum limits of $50,000.00 for each occurrence. 1.3.4.4. Statutory Worker's Compensation Insurance and minimum $100,000.00 Employers Liability Insurance, 1.4. Coverage shall be maintained for two years minimurn after the termination of the Agreement. Vendor agrees that with respect to the required insurance, all insurance contracts and certificate(s) of insurance will contain and state, in writing, on the certificate or its attachment, the following provisions: 1.41. Provide for an additional insurance endorsement clause declaring the Vendor's insurance as primary. 1.4.2. Name the City and its officers, employees, and elected officials as additional insureds, (as the interest of each insured may appear) as to all applicable coverage. 1.43. Remove all language on the certificate of insurance indicating: 1.4.3.1. That the insurance company or agent/broker shall endeavor to notify the City; and, 1.4.3.2. Failure to do so shall impose no obligation of liability of any kind upon the company, its agents, or representatives. 1 . 4.4. Provide for notice to the City at the addresses listed below by registered mail: 1A.5. Vendor agrees to waive subrogation against the City, its officers, employees, and elected officials for injuries, including death, property damage, or any other loss to the Page 1 of 4 XTEM. - i ; - 1 01 WE I ir MIP W4 WWO I b, extent same may be covered by the proceeds of insurance, DATED: JULY 2011 1.4.6. Is Provide that all Provisions of the agreement concerning liability, duty, and standard of ID care together with the indemnification provision, shall be underwritten by contractual liability coverage sufficient to include such obligations within applicable policies. 1.4.7. All copies of the Certificate of Insurance shall reference the project name, solicitation number or purchase order number for which the insurance is being supplied, 1.4.8. Vendor shall notify the City in the event of any change in coverage and shall give such notices not less than thirty days prior notice to the change, which notice shall be accomplished by a replacement Certificate of Insurance, 1.4.9. All notices shall be mailed to the City at the following addresses. Assistant City Manager City Attorney City of Round Rock City of Round Rock 221 East Main 309 East Main Round Rock, TX 78664-5299 Round Rock, TX 78664 2. WORKERS COMPENSATION INSURANCE insurance 201 Texas Labor Code, Section 406-098 requires workers' compensation coverage for all services building4persons providing on or projects for a governmental entity. 2.1.1. Certificate of coverage("certificate"} " A copy of a certificate of insurance, a certificateissued of authority to self-insuree by the Texas Workers' Compensation Commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. 0 a 92.1.2. Duration of the project -includes the time fromthe beginning of the work on the project until the CONTRACTOR'S/persan's work on the project has been completed and accepted by the OWNER. 2.2. Persons providing services on the project ("subcontractor") in Section 406.096 -includes all persons or entities performing all or part of the services the CONTRACTOR has undertaken to perform on the project, regardless of whether that person contracted directly with the CONTRACTOR and regardless of whether that person has employees. This includes, without 46 limitation, 'independent contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entitv, or employees of any entity, Which furnishespersons to provide services on the project, "Services" include, without limitation, providing, hauling, ar delivering equipment or materials, or providing labor, transportation, or other service related to '6 a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets, 2.3. The CONTRACTOR shall Provide coverage, base and payroll amounts and filing of any covers 's requirements of Texas Labor Code, Section CONTRACTOR providing services on the project, d on proper reporting of classification codes ae agreements, that meets the statutory 401.011(44) for all employees of the for the duration of the project. 2.4. The CONTRACTOR must provide a certificate of coverage to the OWNER prior to being awarded the agreement, 2.5. If the coverage period shown on the CONTRACTOR'S current certificate of coverage ends during the duration of the project, the CONTRACTOR shall, prior to the end of the coverage period,, file a new certificate of coverage with the OWNER showing that coverage has been extended. 2.6. The CONTRACTOR shall obtain from each person providing services on a project, and provide to the OWNER, 2.6.1. a certificate of coverage, prior to that person beginning work on the project, so the OWNER will have on file certificates of coverage showing coverage for all persons providing services on the project; and Page 2 of 4 FM N D ROM. TEXAS BATED: JULY 2011 2.6.2. no later than seven (7) calendar days after receipt by the CONTRACTOR, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project, 16 2.7. The CONTRACTOR shall retain all required certificates of coverage for the duration of the project and for one (1}year thereafter. 2.8. The CONTRACTOR shall notify the OWNER in writing by certified mail or personal delivery,, within ten (10) calendar days after the CONTRACTOR knew or should have known, or any kv Is change that materially affects the provision of coverage of any person providing services on the project. 6 2.9. The CONTRACTOR shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 2.10. The CONTRACTOR shall contractually require each person with whom it contracts to provide services on a project, to: 2.10.1. provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, that meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all its employees providing services on the project, for the duration of the project; 2.10.2. provide to the CONTRACTOR, Prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the so person providing services on a project, for the duration of the project; 2.10.3. provide th CONTRACTOR, the4 prior to the end of coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 2.10.3.1. obtain from each other person with whom it contracts, and provide to the CONTRACTOR, 2.10.3.1.1. a certificate of coverage, prior to the other person beginning work on the project; and 2.10.3.1.2. a new certificate of coverage showing extension of coverage, It prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project 2.10.3.2. retain all requiredcertificates of coverage on file for the duration of the project and for one (1) year thereafter; 2.90.3.3. notify the OWNER in writing by certified mail or personal delivery, within ten (10j calendar days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and IM& i a 5 1? it 2 Wn0%#3M4. u t ctuany require each person with whom contracts, to perform as required by paragraphs (2.1 thru 2.7), with the certificates of coverage to be provided to the person for whom they are providing services, DATED: JULY 2011 0 4 IF 49 9 IV Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions,, 2.10.3.8. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor that entitles the Owner to declare the agreement void if the Contractor does not remedy the breach within ten (10} calendar days after receipt of notice of breach from the owner, Page 4 of 4 X SPECIAL NOTE0 : City of Round Rock Meeting Minutes City Council Thursday, September 24,, 2020 Pursuant to the March 16, 2020 proclamation issued by Governor Abbott, this meeting will be held in person and by video conference in order to advance the public health goal of limiting facewtomface meetings (also called "social distancing") to slow the spread of COVID=19, Some Council Members will be present in the City Council chambers while others will attend via Zoom video conferencing. Members of the public are able to speak during citizen communication or Am 1P a public hearing by attending the meeting in person in the City Council chambers, however those members of the public that do not want to attend the meeting in person are able to speak via videotonferencing by visiting www.roundrocktexas.gov and registering ahead of time via the link provided in the calendar entryfor this meeting. This meeting can also be viewed live online at www.roundrocktexas.gov/tv, or on Spectrum Channel 10 and Um Verse Channel 99. CALL MEETING TO ORDER ROLL CALL The Round Rock City Council met in regular session on Thursday, September 24, 2020 in the City Council chambers located at 221 E Main Street. Mayor Morgan called the meeting to order at 6:24 PM. Present: 7 - Absent: 0 PLEDGES OF ALLEGIANCE Mayor Craig Morgan Mayor Pro-Tem Writ Baese Council Member Tammy Young Council Member Rene Flores Council Member Matthew Baker Council Member Will Peckham Council Member Hilda Montgomery Mayor Morgan led the following Pledges of Allegiance: United States Texas City of Round Rock Page 1 of 9 City Council Meeting Minutes September 24,, 2020 CITIZEN COMMUNICATION ,, There were no citizens wishing to speak at this meeting. Items H.1 and G.10 were taken out of order. Hel 2020-0268 V" G910 2020-0267 Consider public testimony regarding, and an ordinance rezoning 46.28 acres located at the southeast corner of E. Palm Valley Boulevard and N. Mays Street from the SF-2 (Single -Family - Standard Lot) zoning district to the PUD (Planned Unit Development) No. 122 zoning district. (First Reading)* Brad Wiseman, Planning and Services Director made the staff presentation. Mayor Morgan opened the hearing for public testimony. There being none, the public hearing was closed. A motion was made by Mayor Pro=Tem Member Peckham, to approve the Ordinance. following vote41 : Ayes: 7 - Mayor Morgan Mayor Pro-Tem Baese Council Member Young Council Member Flores Council Member Baker Council Member Peckham Council Member Montgomery Nays: 0 Absentee 0 Baese, seconded by The motion passed A motion was made by Council Member Flores, seconded Member Baker, to dispense with the second reading and Ordinance. The motion passed by the following vote: Ayes: 7 - Mayor Morgan Mayor Pro-Tem Baese Council Member Young Council Member Flores Council Member Baker Council Member Peckham Council Member Montgomery Nays: 0 Absentee 0 Consider a resolution authorizing the Mayor to execute an Easement Agreement with the Henna Family required for a portion of the Brushy Creek Council by the by Council adopt the City of Round Rock Page 2 of 9 City Council Meeting Minutes September 24,, 2020 regional hike and bike trail. Brad Wiseman, Planning and Development Services Director made the staff presentation. A motion was made by Mayor PromTem Baese, seconded by Council Member Peckham, to approve the Resolution. The motion passed by the following vote: Ayes: 7 - Mayor Morgan Mayor Pro -Tern Baese Council Member Young Council Member Flores Council Member Baker Council Member Peckham Council Member Montgomery Nays: 0 Absentee 0 The Mayor returned to regular order. STAFF PRESENTATIONS: Eel TMP-1889 CONSENT AGENDA0 : Fel TMP-1942 Consider a presentation and department update from Utilities and Environmental Services. Michael Thane, Utilities and Environmental Services Director made the presentation to the City Council. A motion was made by Council Member Young seconded by Council Member Peckham to approve the Consent Agenda. The motion carried by the following vote: Ayes,* 7 - Mayor Morgan Mayor Pro-Tem Baese Council Member Young Council Member Flores Council Member Baker Council Member Peckham Council Member Montgomery Nays: 0 Absentee 0 Consider approval of the minutes for the September 10, 2020 City Council meeting. This item was approved on the Consent Agenda. City of Round Rock Page 3 of 9 City Council Meeting Minutes September 24, 2020 Fe2 2020-0259 RESOLUTIONS0 : Gal 2020-0257 Ge2 2020-0258 Consider a resolution authorizing the Mayor to execute an Agreement with Tom Loftus, Inc. dba Austin Turf and Tractor for the purchase of John Deere agricultural equipment parts and repair services. This item was approved on the Consent Agenda. Consider a resolution authorizing the Mayor to execute an Agreement with Ingram Library Services LLC for the purchase of publications, audiovisual materials, books, textbooks, and ancillary services for the Library. Michelle Cervantes, Library Director made the staff presentation. A motion was made by Mayor Pro=Tern Baese, seconded by Member Young, to approve the Resolution. The motion passed following vote: Ayes,* 7 - Mayor Morgan Mayor Pro-Tem Baese Council Member Young Council Member Flores Council Member Baker Council Member Peckham Council Member Montgomery Nays: 0 Absentee 0 Consider a resolution determining that Competitive Sealed Proposal is the delivery method which provides the best value for the Public Library Project. Chad McDowell, General Services Director made the staff presentation. A motion was made by Council Member Member Young, to approve the Resolution. following vote: Ayes: 7 - Mayor Morgan Mayor Pro-Tem Baese Nays: 0 Council Member Young Council Member Flores Council Member Baker Council Member Peckham Council Member Montgomery Council by the Peckham, seconded by Council The motion passed by the Absentee 0 Ge3 2020-0260 Consider a resolution authorizing the Mayor to execute a Professional Consulting Services Agreement with Raba Kistner Inc. for Construction Material Testing Services for the University Boulevard Reconstruction Project. City of Round Rock Page 4 of 9 City Council Meeting Minutes September 24,, 2020 G94 2020-0261 Ge5 2020-0262 Gary Hudder ,, Transportation Director made the staff presentation. A motion was made by Council Member Baker, Member Young,, to approve the Resolution. The following vote: Ayes.* 7 - Mayor Morgan Mayor Pro-Tem Baese Council Member Young Council Member Flores Council Member Baker Council Member Peckham Council Member Montgomery Nays: 0 Absent: 0 seconded by Council motion passed by the Consider a resolution authorizing the Mayor to execute a Possession and Use Agreement with Market Plaza, LLC fora 0.064-acre tract of land required for construction of Gattis School Road Segment 6 Project. Gary Hudder,, Transportation Director made the staff presentation. A motion was made by Council Member Peckham, to approve the following vote: Member Montgomery, seconded by Council Resolution. The motion passed by the Ayes: 7 - MayorMorgan Mayor Pro-Tem Baese Council Member Young Council Member Flores Council Member Baker Council Member Peckham Council Member Montgomery Nays: 0 Absent: 0 Consider a resolution approving the proposed BCRUA Operating Budget for Fiscal Year 2021, Michael Thane, Utilities and Environmental Services Director made the presentation. A motion was made by PromTem Baese,, to approve following vote: staff Council Member Flores, seconded by Mayor the Resolution. The motion passed by the City of Round Rock Page 5 of 9 City Council Meeting Minutes September 24,, 2020 Ge6 2020-0263 Ge7 2020-0264 City of Round Rock Ayes: 7- MayorMorgan Mayor Pro-Tem Baese Council Member Young Council Member Flores Council Member Baker Council Member Peckham Council Member Montgomery Nays: 0 Absent: 0 Consider a resolution authorizing the Mayor to execute an Agreement with Benmark Supply Company Inc. for the manufacturing of flanged meter spool/pup joints. Michael Thane, Utilities and Environmental Services Director made the staff presentation. A motion was made by Council Member Young, seconded by Council Member Flores, to approve the Resolution. The motion passed by the following vote0 : Ayes: 7 - Mayor Morgan Mayor Pro-Tem Baese Council Member Young Council Member Flores Council Member Baker Council Member Peckham Council Member Montgomery Nays: 0 Absent,* 0 Consider a resolution authorizing the City Manager to issue a Purchase Order to Precision Pump Systems for the purchase of a submersible pump for the Brushy Creek Regional Wastewater Treatment Plant. Michael Thane, Utilities and Environmental Services Director made the staff presentation. A motion was made by Council Member Peckham, seconded by Council Member Young, to approve the Resolution. The motion passed by the following vote: Ayes: 7 - Mayor Morgan Mayor Pro-Tem Baese Council Member Young Council Member Flores Council Member Baker Council Member Peckham Council Member Montgomery Page 6 of 9 City Council Meeting Minutes September 24,, 2020 G98 2020-0265 Ge9 2020-0266 ORDINANCES0 : He2 2020-0271 Nays: 0 Absent: 0 Consider a resolution authorizing the Mayor to execute a Standard Form of Agreement between Owner and Contractor with SKE Construction, LLC for the Kensington Place A/C Waterline Replacement Project. Michael Thane, Utilities and Environmental Services Director made the scoff presentation. A motion was made by Council Member Flores, seconded by Council Member Young,, to approve the Resolution. The motion passed by the following vote: Ayes: 7 - Mayor Morgan Mayor Pro-Tem Baese Council Member Young Council Member Flores Council Member Baker Council Member Peckham Council Member Montgomery Nays: 0 Absent: 0 Consider a resolution authorizing the Mayor to execute Supplemental Contract No. 1 with K Friese & Associates, Inc. for the Sam Bass Road 48-Inch Water Transmission Line Project. Michael Thane, Utilities and Environmental Services Director made the staff presentation. A motion was made by Council Member Peckham, seconded by Council Member Young,, to approve the Resolution. The motion passed by the following vote: Ayes: 7 - Mayor Morgan Mayor Pro-Tem Baese Council Member Young Council Member Flores Council Member Baker Council Member Peckham Council Member Montgomery Nays: 0 Absent: 0 Consider an ordinance amending the City of Round Rock Design and Construction Standards -Drainage Criteria Manual, Section 2-Determination of City of Round Rock Page 7 of 9 City Council Meeting Minutes September 24,, 2020 He3 2020-0269 He4 2020-0270 Storm Runoff. (First Reading)* Michael Thane, Utilities and Environmental Services Director made the staff presentation. A motion was made by Mayor Pro=Tem Baese,, seconded by Council Member Young, to approve the first reading the Ordinance. passed by the following vote: Ayes: 7 - Mayor Morgan Mayor Pro-Tem Baese Council Member Young Council Member Flores Council Member Baker Council Member Peckham Council Member Montgomery Nays: 0 Absentee 0 Consider an ordinance amending the Zoning and Development Code Chapter 4, Article VII,, Section 4-88, Code of Ordinances (2018 Edition) regarding Subdivision and Addition Plats. (First Reading)* The motion Brad Wiseman, Planning and Services Director made the staff presentation. A motion was made by Council Member Peckham, seconded by Member Montgomery,, to approve the first reading the Ordinance. motion passed by the following vote: Ayes: 7 - Mayor Morgan Mayor Pro-Tem Baese Council Member Young Council Member Flores Council Member Baker Council Member Peckham Council Member Montgomery Nays: 0 Absentee 0 Consider public testimony regarding, and an ordinance amending Zoning and Development Code, Chapter 8, Article X,, Division 9., Section 8-144,, Code of Ordinances (2018 Edition) by adopting the 2020 Edition of the National Electrical Code. (First Reading)* Brad Wiseman, Planning and Services Director made the staff presentation. Mayor Morgan opened the hearing for public testimony. There being none, the public hearing was closed. Council The City of Round Rock Page 8 of 9 City Council Meeting Minutes September 24,, 2020 A motion was made by Mayor Pro=Tem Member Young, to approve the Ordinance. following vote: Ayes: 7 - Mayor Morgan Mayor Pro-Tem Baese Council Member Young Council Member Flores Council Member Baker Council Member Peckham Council Member Montgomery Nays: 0 Absent: 0 Baese, seconded by The motion passed This Ordinance was dispense with the second reading and adopt COUNCIL COMMENTS REGARDING ITEMS OF COMMUNITY INTEREST EXECUTIVE SESSION: J61 TMP-1957 Consider Executive Session as authorized by §551.087, Government Code, related to consultation with the City Attorney regarding potential legal issues with the Economic Development Program Agreement with Crow Group Series, LLC, The City Council recessed to Executive Session. Mayor Morgan called the meeting to order at 8.*15 PM and adjourned it at 8:35 PM. The Council reconvened to regular session with no action taken. ADJOURNMENT There being no further business, Mayor Morgan adjourned the meeting at PM. Respectfully Submitted, Meagan Spinks, Deputy City Clerk POSTING CERTIFICATION Council by the 8:37 City of Round Rock Page 9 of 9