CM-2024-067 - 3/1/20244875-2401-1940/ss2
CITY OF ROUND ROCK AGREEMENT
FOR ANNUAL INSPECTION OF
MONORAILS AND HOIST, BRIDGE CRANES, JIBS AND HOISTS
WITH
MATERIAL HANDLING CONCEPTS, INC.
THE STATE OF TEXAS §
§
CITY OF ROUND ROCK §KNOW ALL BY THESE PRESENTS:
§
COUNTY OF WILLIAMSON §
COUNTY OF TRAVIS §
THIS AGREEMENT (referred to herein as the “Agreement”), is for the annual inspection
of monorails and hoist, bridge cranes, jibs, and hoists and related services, and is made on with
the ____ day of the month of _______________, 2024, by and between the CITY OF ROUND
ROCK, a Texas home-rule municipality, whose offices are located at 221 East Main Street,
Round Rock, Texas 78664-5299 (referred to herein as “City”), and MATERIAL HANDLING
CONCEPTS, INC., whose offices are located at 16515 Bratton Lane, Austin, Texas 78728
(referred to herein as “Services Provider”). This Agreement supersedes and replaces any
previous agreements between the named parties, whether oral or written, and whether or not
established by custom and practice.
RECITALS:
WHEREAS, City has determined that there is a need for the delineated goods and
services; and
WHEREAS, City desires to contract for the provision of such goods and services; and
WHEREAS, City has issued its “Request for Quote” for the provision of said goods and
services, and City has selected the bid submitted by Services Provider; and
WHEREAS, the parties desire to enter into this Agreement to set forth in writing their
respective rights, duties and obligations hereunder;
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 is
mutually agreed between the parties as follows:
March 1st
CM-2024-067
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1.01 DEFINITIONS
A.Agreement means the binding legal contract between City and Services Provider
whereby City desires to buy specified goods and Services Provider is obligated to sell same. The
Agreement includes the following: (a) City’s Request for Quote designated RFQ No. AR102523
dated October 25, 2023; (b) Services Provider’s Response to RFQ; (c) contract award; and (d)
any exhibits, addenda, and/or amendments thereto. Any inconsistencies or conflicts in the
contract documents shall be resolved by giving preference in the following order:
(1)This Agreement;
(2)Services Provider’s Response to RFQ;
(3)City’s RFQ, exhibits, and attachments.
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.
D.Force Majeure means acts of God, strikes, lockouts, or other industrial
disturbances, acts of the public enemy, orders of any kind from the government of the United
States or the State of Texas or any civil or military authority, insurrections, riots, epidemics,
landslides, lightning, earthquakes, fires, hurricanes, storms, floods, restraint of the government
and the people, civil disturbances, explosions, or other causes not reasonably within the control
of the party claiming such inability.
E.Goods mean the specified supplies, materials, commodities, or equipment.
F.Services mean work performed to meet a demand or effort by Services Provider
to comply with promised delivery dates, specifications, and technical assistance specified.
G.Services Provider means Material Handling Concepts, Inc., or any of its
corporate structures, successors or assigns.
2.01 EFFECTIVE DATE, TERM, AND PRICES FIRM
A.This Agreement shall be effective on the date this Agreement has been signed by
each party hereto and shall remain in full force and effect unless and until it expires by operation
of the term indicated herein, or is terminated or extended as provided herein.
B.The term of this Agreement shall be for twelve (12) months from the effective
date hereof.
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C.Prices shall be firm for the duration of this Agreement. No separate line-item
charges shall be permitted for invoicing purposes, including but not limited to equipment rental,
demurrage, costs associated with obtaining permits, or any other extraneous charges.
D.The City reserves the right to review the relationship at any time and may elect to
terminate with or without cause or may elect to continue.
3.01 CONTRACT DOCUMENTS AND EXHIBITS
City selected Services Provider to supply the services as outlined in RFQ No. AR102523
dated October 25, 2023, and Response to RFQ submitted by Services Provider, all as specified in
Exhibit “A” attached hereto and made a part hereof for all purposes. The intent of these
documents is to formulate an Agreement listing the responsibilities of both parties as outlined in
the RFQ and as offered by Services Provider in its Response to the RFQ.
The goods and services which are the subject matter of this Agreement are described in
Exhibit “A” and, together with this Agreement, comprise the total Agreement and they are fully
a part of this Agreement as if repeated herein in full.
4.01 ITEMS AWARDED AND COSTS
A.All bid items set forth in the Request for Quote attached as part of Exhibit “A” are
awarded to Services Provider.
B.The City shall be authorized to pay the Services Provider an amount not-to-
exceed Four Thousand Two Hundred and No/100 Dollars ($4,200.00) for the term of this
Agreement.
5.01 INVOICES
All invoices shall include, at a minimum, the following information:
A.Name and address of Services Provider;
B.Purchase Order Number;
C.Description and quantity of items received; and
D.Delivery dates.
6.01 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 funds sufficient to purchase the services as
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determined by City’s budget for the fiscal year in question. City may affect such termination by
giving Services Provider a written notice of termination at the end of its then-current fiscal year.
7.01 PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Government Code, any payment to be
made by City to Services Provider will be made within thirty (30) days of the date City receives
goods under this Agreement, the date the performance of the services under this Agreement are
completed, or the date City receives a correct invoice for the goods or services, whichever is
later. Services Provider may charge interest on an overdue payment at the “rate in effect” on
September 1 of the fiscal year in which the payment becomes overdue, in accordance with
V.T.C.A., Texas Government Code, Section 2251.025(b). This Prompt Payment Policy does not
apply to payments made by City if:
A. There is a bona fide dispute between City and Services Provider, a contractor,
subcontractor, or supplier about goods delivered or the service performed that causes the
payment to be late; or
B.There is a bona fide dispute between Services Provider and a subcontractor or
between a subcontractor and its supplier about the goods delivered or the service performed that
causes the payment to be late; or
C.The terms of a federal contract, grant, regulation, or statute prevent City from
making a timely payment with federal funds; or
D. The invoice is not mailed to City in strict accordance with any instruction on the
purchase order relating to the payment.
8.01 GRATUITIES AND BRIBES
City may, by written notice to Services Provider, cancel this Agreement without incurring
any liability to Services Provider if it is determined by City that gratuities or bribes in the form of
entertainment, gifts, or otherwise were offered or given by Services Provider or its agents or
representatives to any City officer, employee or elected representative with respect to the
performance of this Agreement. In addition, Services Provider may be subject to penalties stated
in Title 8 of the Texas Penal Code.
9.01 TAXES
City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be
included in Services Provider’s charges.
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10.01 ORDERS PLACED WITH ALTERNATE SERVICES PROVIDERS
If Services Provider cannot provide the goods as specified, City reserves the right and
option to obtain same from another source or supplier(s).
11.01 INSURANCE
Services Provider shall meet all requirements as set forth at:
http://www.roundrocktexas.gov/wp-content/uploads/2014/12/corr_insurance_07.20112.pdf
12.01 CITY’S REPRESENTATIVE
City hereby designates the following representative(s) authorized to act in its behalf with
regard to this Agreement:
Mark Hurd
Supervisor Utility System Mechanic
3400 Sunrise Road
Round Rock, TX 78665
512-341-3155
mhurd@roundrocktexas.gov
13.01 RIGHT TO ASSURANCE
Whenever either party to this Agreement, in good faith, has reason to question the other
party’s intent to perform hereunder, then demand may be made to the other party for written
assurance of the intent to perform. In 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.
14.01 DEFAULT
If Services Provider abandons or defaults hereunder and is a cause of City purchasing the
specified services elsewhere, Services Provider agrees 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. Services Provider shall be declared in
default of this Agreement if it does any of the following:
A.Fails to make any payment in full when due;
B.Fails to fully, timely and faithfully perform any of its material obligations
hereunder;
C.Fails to provide adequate assurance of performance under the “Right to
Assurance” section herein; or
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D.Becomes insolvent or seeks relief under the bankruptcy laws of the United States.
15.01 TERMINATION AND SUSPENSION
A.City has the right to terminate this Agreement, in whole or in part, for
convenience and without cause, at any time upon thirty (30) days’ written notice to Services
Provider.
B.In the event of any default by Services Provider, City has the right to terminate
this Agreement for cause, upon ten (10) days’ written notice to Services Provider.
C.Services Provider has the right to terminate this Agreement only for cause, in the
event of material and substantial breach by City, or by written mutual agreement to terminate.
E.In the event City terminates under subsections (A) or (B) of this section, the
following shall apply: Upon City’s delivery of the referenced notice to Services Provider,
Services Provider 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 notice of
termination, Services Provider shall submit a statement detailing the goods and/or services
satisfactorily performed under this Agreement to the date of termination. City shall then pay
Services Provider that portion of the charges, if undisputed. The parties agree that Services
Provider is not entitled to compensation for services it would have performed under the
remaining term of the Agreement except as provided herein.
16.01 INDEMNIFICATION
Services Provider shall defend (at the option of City), indemnify, and hold City, its
successors, assigns, officers, employees and elected officials harmless from and against all suits,
actions, legal proceedings, claims, demands, damages, costs, expenses, attorney’s fees, and any
and all other costs or fees arising out of, or incident to, concerning or resulting from the fault of
Services Provider, or Services Provider’s agents, employees or subcontractors, in the
performance of Services Provider’s obligations under this Agreement, no matter how, or to
whom, such loss may occur. Nothing herein shall be deemed to limit the rights of City or
Services Provider (including, but not limited to the right to seek contribution) against any third
party who may be liable for an indemnified claim.
17.01 COMPLIANCE WITH LAWS, CHARTER, AND ORDINANCES
A.Services Provider, its agents, employees and subcontractors shall use best efforts
to comply with all federal and state laws, City’s Charter and Ordinances, as amended, and with
all applicable rules and regulations promulgated by local, state and national boards, bureaus and
agencies.
B.In accordance with Chapter 2271, Texas Government Code, a governmental entity
may not enter into a contract with a company for goods and services unless the contract contains
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written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott
Israel during the term of this contract. The signatory executing this Agreement on behalf of
Services Provider verifies Consultant does not boycott Israel and will not boycott Israel at any
term of this Agreement.
18.01 ASSIGNMENT AND DELEGATION
The parties 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.
19.01 NOTICES
All notices and other communications in connection with this Agreement shall be in
writing and shall be considered given as follows:
A.When delivered personally to recipient’s address as stated in this Agreement; or
B.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 Services Provider:
Material Handling Concept, Inc.
16515 Bratton Lane
Austin, Texas 78728
Notice to City:
City Manager Stephanie L. Sandre, City Attorney
221 East Main Street AND TO: 309 East Main Street
Round Rock, TX 78664 Round Rock, TX 78664
Nothing contained herein shall be construed to restrict the transmission of routine
communications between representatives of City and Services Provider.
20.01 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.
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21.01 EXCLUSIVE AGREEMENT
This document, and all appended documents, constitutes the entire Agreement between
City and Services Provider. 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.
22.01 DISPUTE RESOLUTION
City and Services Provider hereby expressly agree that no claims or disputes between the
parties arising out of or relating to this Agreement or a breach thereof shall be decided 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.
23.01 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
such void provision shall be deemed severed from this Agreement, and the balance of this
Agreement 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 comes as close as possible to the intent
of the stricken provision. The provisions hereof shall not prevent this entire Agreement from
being void should a provision that is of the essence of this Agreement be determined to be void.
24.01 MISCELLANEOUS PROVISIONS
Standard of Care. Services Provider represents that it employs trained, experienced and
competent persons to perform all 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.
Time is of the Essence. Services Provider understands and agrees that time is of the
essence and that any failure of Services Provider to fulfill obligations for each portion of this
Agreement within the agreed timeframes will constitute a material breach of this Agreement.
Services Provider shall be fully responsible for its delays or for failures to use best efforts in
accordance with the terms of this Agreement. Where damage is caused to City due to Services
Provider’s failure to perform in these circumstances, City may pursue any remedy available
without waiver of any of City’s additional legal rights or remedies.
Force Majeure. Neither City nor Services Provider 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 responsible as defined herein. However, notice of such impediment or delay in
performance must be timely given, and all reasonable efforts undertaken to mitigate its effects.
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 Services Provider have executed this Agreement
on the dates indicated.
IN WITNESS WHEREOF, City and Vendor have executed this Agreement on the dates
indicated.
City of Round Rock, Texas Material Handling Concepts, Inc.
By:_______________________________ By:________________________________
Printed Name:_______________________ Printed Name:_______________________
Title:_______________________________ Title:_______________________________
Date Signed:_________________________ Date Signed:_________________________
ATTEST:
By: __________________________________
Meagan Spinks, City Clerk
FOR CITY, APPROVED AS TO FORM:
By: __________________________________
Stephanie L. Sandre, City Attorney
William Carl Young
William Carl Young
President
02/13/2024
Laurie Hadley
City Manager
03/01/2024
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City of Round Rock, Texas
Request for Quote
RFQ#: AR102523 Product/Service
Description:
Annual Crane and Hoist
Inspection Services
Date Issued: 10/25/23 Quote Due By
(Date/Time) 10/27/23 @ 5:00PM CST
City Contact Name: Allen Reich Contact Phone # 512-218-6682
*Email Address: areich@roundrocktexas.gov Department Name Purchasing
Delivery Address: 5200 N IH-35 Round Rock TX, 78681
Instructions for Respondents to this Request for Quote (RFQ)
This is a Request for Quote and not an order.
Submit a complete and signed quote by the due date/time to the email address above*
• The City of Round Rock Standard Terms and Conditions and Insurance Requirements are hereby
incorporated into this Request for Quote by reference, with the same force and effect as if they were
incorporated in full text. The full text versions of these documents are available, on the Internet at the following
hyperlink: https://www.roundrocktexas.gov/departments/purchasing/
• The City reserves the right to determine “or equal” status. Quotes may be withdrawn at any time prior to the
official closing by written notification. Quotes may not be altered, amended or withdrawn after the official
closing.
• In order to do business with the City of Round Rock please register with the City’s Vendor Database. To
register, go to: https://www.roundrocktexas.gov/departments/purchasing/vendor-central
• The City is exempt from Federal Excise and State Sales Tax; therefore, tax must not be included in the quoted
price.
• The City reserves the right to accept or reject, in part or whole, any quote submitted and to waive any minor
technicalities that are in the best interest of the City.
• If there is a conflict between the unit price and extended price, the unit price will take precedence.
• Provide annual inspection of monorails & hoist, bridge cranes, jibs, and hoists.
• Report any repairs needed.
• The terms of the resulting contract will be for 5 years. Annual price increase requests are allowed.
• The annual total shall not exceed $50,000 per year
Item
# Item Description Quantity Unit
Type Unit Price Extended
Price
1. Harrington 2-ton Monorail 1 EA
2. Coffing 3-ton Monorail 1 EA
3. Yale 2-ton Monorail 1 EA
4. Shawbox 2-ton Monorail 1 EA
5. CM 2-ton Jib Crane 1 EA
6. Harrington 1-ton Jib Crane 3 EA
7. Budgit 2-ton Bridge Crane 1 EA
Exhibit "A"
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8. Coffing 3-ton Bridge Crane 1 EA
9. Coffing ½-ton Jib 1 EA
Annual Total $
Percent discount on additional services (0-100) if applicable
Vendor Contact Information and Signature
Vendor Name:
Name of Sales Contact:
Authorized Signature:
Date:
Email Address:
Phone Number:
Exhibit "A"
Proposal
MATERIAL Handling Concepts, Inc 11/14/2023
16515 Bratton Lane, Austin, Texas 78728 Q23-0201
Phone (512) 836-6598 Fax (512) 244-2990
On-line Catalog: http://materialhandlingconceptsinc.theonlinecatalog.com/12/14/2023
Mark Hurd
City of Round Rock
Water Department
5200 N IH-35
Round Rock, TX 78681
mhurd@roundrocktexas.gov
QTY UNIT PRICE TAX?LINE TOTAL
1 Provide annual inspection of monorails & hoist, bridge cranes, jibs, and hoists.NTE 4200.00 4,200.00
Inspection to be done on a T&M basis. Repairs needed will be reported.
SUBTOTAL 4,200.00$
TAX RATE 8.25%
SALES TAX -
OTHER -
TOTAL 4,200.00$
If you have any questions concerning this proposal, contact Carl Young, 512-750-6210, or carl@cyoung.net
To:Ship To:
DATE:
Proposal #
Proposal valid until:
Prepared by: Carl Young
Email: carl@cyoung.net
SALESPERSON DELIVERY TERMS FREIGHT
Carl Young Approx. 1 week ARO Net 30 FOB Factory
DESCRIPTION
THANK YOU FOR YOUR BUSINESS!
NOTES:
1. Any permits required are by customer.
2. This quote is good for 30 days from the above date.
3. Freight is FOB Factory, freight collect – CUSTOMER IS RESPONSIBLE FOR ALL FREIGHT CHARGES!
4. Unless listed above, mechanical & electrical installation is not included with this bid.
5. If your company is tax exempt, please send a copy of your tax exempt certificate with purchase order, otherwise tax will be added.
6. We accept Visa, MasterCard or American Express.
7. If your order arrives incomplete or DAMAGED please note the details of the defects on the Bill of Lading PRIOR to signing. A freight claim
cannot be verified if the bill of lading does not state damaged or missing goods.
8.Any alteration from this written quotation involving extra costs will be executed only upon written orders and will become an extra charge
over and above the quote.
9. All agreements are contingent upon strikes, accidents or delays beyond our control.
10. Owner/Client to carry fire, auto, loss of production, CGL, theft, tornado and other usual & necessary insurance.
11. MHCI will carry workman’s compensation and other usual and necessary insurance.
12. Owner Client waives all rights against MHCI Owner, their agents, officers, directors and employees for the recovery of damages to the
extent these damages are covered by the insurance named above.
13. Production downtime is not recoverable in case of accidents.
14. MHCI shall not be liable for, and shall not indemnify Owner/Client against Owner’s/Client’s sole negligence.
Comments or Special Instructions:
Exhibit "A"