R-2020-0324 - 11/12/2020RESOLUTION NO. Rm202OmO324
WHEREAS, the City of Round Rock ("City") desires to purchase outdoor street lighting, and
related goods; and
WHEREAS, Chapter 271, Subchapter F of the Texas Local Government Code allows for local
gove-rinments to participate len cooperative purchasing programs with other local governments; and
WHEREAS, the Buy Board Cooperative Purchasing Program ("Buy Board") is a cooperative
purchasing program administered by the Texas Association of School Boards for the purpose of
procuring goods and services for its members; and
WHEREAS, the City 14's a member of Buy Board; and
WHEREAS, TraStar, Inc. is an approved vendor of Buy Board; and
WHEREAS, the City desires to purchase sa's
id goods and services from TraStar, Inc. through
Buy Board, 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 Outdoor Street Lighting with TraStar, Inc., a copy of said Agreement being
's
attached hereto as Exhibit "A" and incorporated herein.
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.
0112.20202, 00458858
RESOLVED this 12th day of November, 2020.
' Izt, d /*
CRAIG ORG ,Mayor
City of Round ock, Texas
ATTEST:
SARA L. WHITE, City Clerk
EXHIBIT
„A»
CITY OF ROUND ROCK AGREEMENT FOR
PURCHASE OF OUTDOOR STREET LIGHTING
WITH
TRA STAR,INC*
KNOW ALL BY THESE PRESENTS.
0
"Vendor"),,
,nv
CITALS:
WHEREAS, City desires to purchase certain goods, specifically outdoor street l►ghting;
and
WHEREAS, City is a member of the Buy Board Cooperative Purchasing Program (:`Buy
Board") and Vendor is an approved Buy Board vendor through Buy Board Contract # 618-20;
and
WHEREAS, City desires to purchase certain goods from Vendor through Buy Board as
set forth herein; and
4;
WHEREAS, the parties desire to enter into this Agreement to set forth in writing their
respective rights, duties, and obligatrons;
NOW, THEREFORE, WITNESSETH:
'chat 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 is
mutually agreed between the parties as follow,:
aoass7 1 arSS2
I.OI DEFINITIONS
A. Agreement means the binding legal contract between City and Vendor whereby
City agrees to buy specified goods and Vendor is obligated to provide said goods,
B. City means the City of Round Rock, Williamson and Travis Counties, Texas.
C. Effective Date means the date upon which the binding signatures of both parties
to this Agreement are affixed,
IV
E. Goodsmean the specified supplies, materials, commodities, or equipment,
CA
F. Vendor means `1'raStar, Inc., its successors or assigns.,
2.01 EFFECTIVE DATE AND TE.'P-.".-. I.
A. This Agreement shall be eFfective on the date this Agreement has been signed by
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each party hereto, and shall remain in full force and effect unless and until it expires by operation
isof the term indicated herein,, or terminated or extended as provided herein.
E3. This Agreement shall terminate August 31, 2023.
C. City reserves the right to review the relationship with Vendor at any time, and
may elect to terminate this Agreement with or without cause or may elect to continue.
3.Q1 CONTRACT DOCUMENTS AN13 EXHIBITS
The goods which are the subject matter of this Agreement are described in Exhibit "A"
a incansistenciesand, together with this A4*-reement comprise the Contract Documents. Any or
9 19 9preferenceconflictsts'in the contract documents shall be resolved by %atvine to the terms and
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conditions set forth in pages one (1) through nine (9} of this Agreement.
4.01 ITEMS
A. The goods which are the subject matter of this Agreement are described generally
in the attached Exhibit `1A,,"
B. This Agreement shall evidence the entire understanding and agreement between
the parties and shall supersede any prior proposals. correspondence or discussions.0
C. Vendor shall satisfactorily provide all deliverables described in Exhibit "A°'
within the contract term specified. A change in the Scope of Services or any term of this
in and must be embodi*ed in a
Agree ent, ust be negot*ated and agreed to all relevant details',
valid Suppiemental Agreement as described in Section 9.01 herein.
5.01 COSTS
A. City agrees to pay for supplies duringthe term of th*ls Aareement at thepricing set
forth at in Exhibit "A." Vendor specifically acknowledged and agrees that City is not obligated
to use or purchase any estimated annual quantity of goods. Only 'if, and when needed by City,
the costs listed on Exhibit '"A" shall be the basis of any charges collected by V d
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B it The City shall be authorized to pay the Vendor an amount nat-to-exceec! One
Hundred Eighty Thousand and No/100 Dollars ($180,Q00.00) for the term of this Agreement.
b.01 INVOICES
All invoices shall 'Include, at a minimum, the following information:
A. Name and address of Vendor;
B. Purchase Order Number;
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C. Description and quantity of items received; and
D. Delivery or performance dates,
7.Q1 NON -APPROPRIATION AND FISCAL FUNDING
This Agreement 'is a commitment of City's current revenues anly.understood It and
agreed that City shall have the r*ight to te j*nate thi's Agree ent at the end of any C*Ity fiscal year
if the goveming body of City does not appropriate funds to purchase the goods as
mav affect such ter *inati'on bydete 1*ned by C*Ity's budget for the fiscal year 'in question. City
0 its giving Vendor a written notice of ter i'nation at the end of then current fiscal year.
8.01 PROMPT PAYMENT POLICY
3
a.
by City in the event:
A. There is a bona fide dispute between City and Vendor, a contractor, subcontractor
or supplier about the goods delivered or the service performed that cause the
payment to be late; or
Bo The terms of a federal contract, grant, regulation, or statute prevent City from
making a timely payment with federal funds* or
CO There is a bona fide dispute between Vendor and a subcontractor or between a
9
subcontractor and its supplier about the goods delivered or the service performed
that causes the payment to be late; or
D. Invoices are not mai*led to Ci'ty in strict accorodance with instructions9 .0if an3 on
the Purchase order or the or other such contractual agreement.
9.01 SUPPLEMENTAL AGREEMENT
GRATUITIES
AND
BRIBES
0 1Oluit
City may, by written notice to Vendor, cancel this Agreement wi*thout liabill*ty to Vendor
16 &If it is detertr 'Ined by City that gratuities or bribesin the formof entertainment, gifts, or
were 'Vendor orrepresentativesto any City officer,
otherwiseoffered or given by its agents or
employee or elected representative with respect to the performance of this Agreement. In
addition, Vendor may be subject to penalties stated in Title 8 of the Texas Penal Code.
11.01 TAXES
City is exempt from Federal Excise and State Sales Tax-* therefore, tax shall not be
included in Vendor's charges.
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C. Becomes insolvent or seeks relief under the bankruptcy laws of the United
States.
17A1 TEFt'k1INAT10N AND SUSPENSION
A. City has the right to terminate th*ts Agreement, in whole or in part, for
convenience and without cause,, at any time upon thirty (30) days'Written notice to Vendor.
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.
C. Vendor has the raght to terminate this Agreement only for cause, that being in the
event of a aterl"al and substantial breach by City, or by mutual agree ent to terminate
in
evidenced writing by and between the parties.
18.01 INDEMNIFICATION
19.01 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES
A. Vendor, *its agents, employees 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.
B. In accordance with Chapter 2270, Texas Government Code, a governmental entity
may not enter into a contract with a company for goods ar services unless the contract contains
6
it: written verification fro the co pany that (1) does not boycott Israel; and (2) will not boycott
Israel and wilt not boycott Israel during the term of this contract. The signatory executing this
Agreement on behalf of Vendor ver►fies Vendor does not boycott Israel and will not boycott
Israel during the term of this Agreement.
20.01 ASSIGNMENT AND DELEGATION
The parties each hereby bind themselves, their successors, assigns and legal
representatives to each other with respect to the terms of this Agreement. Neither party shall
assign, sublet or transfer any *interest 'in this Agreement without prior written authorization of the
other party.
21.Q1 NOTICES
All notices and other communications in connection with this Agreement shall be in
writing and shall be considered given as follows:
It
Is When delivered personally to the recipient's address as stated in this Agreement;
or
2.9 Three 3 days after being deposited in the United States mail, With postage
prepaid to the recipient's address as stated in this Agreement.
Notice to Vendor,,*
TraStar, Inc.
660 North Dorothy Drive, Suite 6Q0
Richardson, Texas i508I
Notice to City:
City Manager Stephan I.... Sheets, City Attorney
221 East Main Street AND TO, 309 East Main Street
Round Rock,, TX 78664 Round Rock, TX 786b4
Nothing contained herein shall be construed to restrict the transmission of routine
communications between representatives of City and Vendor.
22.01 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 nr all of the terms or conditions
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herein, exciusive venue for same shall tie in Williamson County, Texas. This Agreement shall be
governed by and construed in accordance with the laws and court decisions of the State oiTexas.
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23.01 EXCLUSIVE AGREEMENT
This dacunnent, and all appended documents, constitutes the ent'ire Agree ent between
Vendor and Cl*ty. 'I'his Agreement maY onor supplementedY 0ly be a ended b mutual acrreement
of the parties hereto in writing, duly authorized by action of the City Manager or City Council.
24.U1 DISPUTE RESOLUTION
City and Vendor hereby expressly agree that no claims or disputes between the parties
arising out of or relating to this Agreement or a breach thereof sha11 be by any arbitration
proceeding, including without limitation, any proceeding under the Federal Arbitration Act (9
USC Section 1-14) or any applicable state arbitration statute,
25.01 SEVERABILITY
2b.01 MISCELLANEOUS PROVISIONS
Standard of Care. Vendor represents that it employs tra*ined, experienced and
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competent persons to performall of the services, responsiointies and dut*ies specified heret*n and
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that such services,, responsibilities and duties shall be pertbrmed in a manner according to
generally accepted 'Industry practices.
Force Majeure. Neither City nor Vendor shall be deemed in violation of this Agreement
if itperformingrw i i
is prevented from any of "Its obli*gat*ions hereunder by reasons fo h*ch *t is not
responsiein.ble as defined her*However, notice of such *impediment or delay *in performancemust
be timely given and all reasonable efforts undertaken to mitigate its effects.
8
Multiple Counterparts. This Agreement may be executed in multiple counterparts, any
one of which shall be considered an original of this document, and all of which, when taken
together, shall constitute one and the same *Instrument.,
IN WITNESS WHEREOF, City and Vendor have executed this Agreement on the dates
indicated.
City of Round Rock, Texas
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------ ---------------- WWWWWWWWWWWWWWWWWO- It- --* ......... 0.0 - -z ..... A-AAAAAAA01A
DateS'igned: --------------------------------------- - - - ------------------------------------------------------------
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Attest.
By* - -------- --- - ---------------- ---------------------- ---- ---
------- - ------- -- - -- -- - ---------------------------------
Sara L. White, City Clerk
For City, Approved as to Form:
By X *X
Stephan L. Sheets, City Attorney
TraStar, Inc.
Dcoj kwk
13 Y.._
---- - -
Printed Name: Elaine Davis
'Title:
Administrative Assistant
Date Signed: s/25/zo
Exhibit "A"
TRASTAR, INC. <:Mw
www.trastarL,sa.com
Date.# 04102/2020 DURALIGHTO 2020 PRICE LIST
BuyBoard
Specification Pa item Number Item Description List Price
category-_ --- ---
D-URA-ST COBRAHEAD
27.28,33 DURA-ST10 140'Al DURA-ST LED Cobrahead Roe Li hting $19800
-----------
27,28,33 OURA-ST15 65W DURA-ST LED Cobrahead Roadway LUghun2 $20800
27, 28, 33 DURA-ST20 10OW DURA-ST LED Cobrahead Roadway Lighting
$24800
27.28. 33 CURA-ST25 140W DURA-ST LED Cobrahead RoadwayLightiA $27800
27,28,33 DURA-ST40 185 DURA-ST LED Cobrahead Roadway Lighting $29800
27: 28, 33 OURA-ST40S 220W DURA-ST LED Cobrahead Roadway Lighting $33800
DURA-STR COBRAHEAD
27, 28 33 DURA-STRIO 40W DURA-ST LED Cobrahead Roadway Li Ming $14800
27,28,33 DURA-STR I OA 55W DURA-ST LED Gobrahead Roadway $15800
27,28,33 DURA-STR 15 65W DURA-ST LED Cobrahead Roadway Lig,hfing $168.00
27,28,33 DURA-STR20 10OW DURA-ST LED Cobrahead Roadway Li2hfing $18800
27, 28, 33 DURA-STR208 120W DURA-ST LED Cobrahead Roadway_U2hfinq$198,00
27,28,33 DURA-STR25 140W DURA-ST LED Cobrahead Roadway Ling $208-00
27. 28, 33 OURA-STR25A 150W DURA-ST LED Cabrahead Roadway-,Ughbrig $228 . 00
JXM-ST COBRAHEAD
27,28,33 JXM-ST 140-3 1 00W JXM-ST LED Gabrahead Roadway U.
qhbrig $278.00
27,28,33 JXM-ST140 130W JXM-ST LED Cobrahead Rcadway_Ljqhhn2 $318.00
27,28. 33 JXM-ST140-4 -1 50W Jul-ST LED Cobrahead RoadLA�Liahvnq $348.00
27,28,33 JXM-ST180-3 170W JXM-ST LED Cobrahead Roadway Lighting $358,00
27,28, 33 JXM-ST180 20OW JXM-ST LED Cobrahead Roadway Lighting $368.00
27,28, 33 JXM-ST 180-4 125OW JXM-ST LED Cobrahead R22q�e Li htir�. $398.00
27,28,33 JXM-ST180-4-1 285W JXM-ST LED Cobrahead Roadway Light!p_q$458.00
27,28,33 JXM-ST180-4-2 320W JXM-ST LED Cobrahead Roadway Ughhng ----- $479.00
27,28, 33 JXM-ST 11 OLED 135W JXM-ST LED Shoebox Roadway Lighting $528M
JXM -STSB Shoe Sox
--- --- ------ 27.28,33 J-X-M-ST'l 5SB 150W JXM-STSB LED ShoeBox Roadway Light I in2 3348.00
27.28,33 JXM-ST20SB 20OW JXM-STSB LED ShoeBox Roadvv2:q $368,00
27,28,33 JXM-ST30SB 30OW JXM-STSB LED ShoeBox Roadway-U2htinq ...... .. $4MG0
27,28,33 JXM-STSB-S40 400W JXM-STSB LED ShoeBox Roadway Li2hfing $498-00
27.28,33 JXM-STSB-S45 45OW JXM-STSB LF-D ShoeBox Roadway Lighting S508,00
27,28,33 JXM-S'TSB-S50 50OW JXM-STSB LED ShoeBox Roadway U2hting $51800
HIGH MAST LUMINAIRES
31 JXM-ST-HM6-A 50OW LEE h a t LUminaires $85800
3; JXM-ST-FiM6-6 500W LED High Mast Luminaires $85800
31 JXM-ST-HM6-S 50OW LED Hi gh k 4ast Luminaires S85800
31 JXM-ST-HMBR High Mast Mounting Bracket Fixlure Accessory $12800
31 JXM-ST-HMNrL High bast Nei g,hborh.acdFriend! y Lens Fixture Accessor, 108.00
li IJXM-ST-HMNS High Mast Nuisance Shield Fixture Accessory $12800
LED FLOOD LIGHT
35 JXM-ST-Al 35W LED Flood Light $11200
35 JXM-ST-A2 65W LED Flood Light ........... $13800
35 JXM-ST-A3 130W LED Flood Light $20800
'15 JXM-ST-A4 185W LED Flood Light $33800
35 JXM-ST-A5 240W LED Flood --LiAht -------- $37800
35 JXM-ST-A3[- 300W LED Flood Light $42800
LED WALL 11777N—OPY UGH TIN
34 JXM-ST-WPK1 130W I-ED Wall Pack $9800
34 JXM-ST-WPK2 6OW LED Wall Pack S14800
34 JXM-ST-WPK3 80W LED Wall Pack $158.00
34 JXM-ST-LB40 55W LED Low Bay Fixtures $19800
34 JXM-ST-LB80 75W LED Low Bay Fixtures $19800
34 JXM-ST-HB 15OW LED High Bay Fixtures $298M
34 JXM-ST-HB1 20OW LED High Say Fixtures $32800
IJXM-ST-HB2 ........ ..... 1_300W LED High Bay_fixtures -- ------------ -------- --- $368.00
. ... . .......
.......... W.
360 N. Dorothy Dr. #600, Richardson, TX 75081 Tel-.(972) 480-0888 Fax.(972) 480-8884