V ~JLJY Y~~ S11 CL/iR SiRE~XPVILL~EY151~~0. 110YVS JJ~J May 8, 1994 Honorable County Judge and Commissioners Court Kerr County, Texas Re: KERR COUNTY MEDIUM SECURITY FACILITY Regarding the above referenced project I submit the following: 1. Monthly payment for Rhodes Construction. A copy has been submitted to Tommy Tomlinson, County Auditor, bearing my approval for payment, and a copy is attached for your information. 2. The construction plans provide for a Fire Alarm System, which must be designed by a state licensed Fire Alarm Planning Superintendent. None of the successful bidders for the project included this part of the work. The Kerrville Telephone Company has a Security Alarm Division and can provide the work. A copy of their proposal is attached, which I hope may be accepted by the Court at the Tuesday meeting due to delivery time for some of the equipment. The installation will follow completion of the ceiling and the projected completion of the fire alarm system is May 24th. 3. It was brought to my attention that the rest room areas are to receive the same latex paint as the remainder of the building inside. I checked and it was recommended that the rest room areas be painted with an epoxy and "hardner" to better withstand the moisture in that area. Rhodes Construction has submitted a change order for your consideration if you elect to use the epoxy paint. 4. The Court earlier accepted a Proposal from Keith Fence Company in the amount of $1,854.02 for fencing the air conditioning area outside the building. We have relocated some of the equipment which will require less fencing. Keith Fence Company has revised the Proposal to a new amount of $1,272.04. I think it appropriate that the Court accept the revised proposal. The progress of the work appears to be such that it will be completed by June 1st. The only problem I can anticipate at this time is delivery of equipment such as the sewage pumps and some supply fans. J D. R. Voelkel Project Manager The Kerrville Telephone Cor~any SECxJRITY ALARM DIVISION 955 Water Street (P.O. Box 1128) Kerrville, Texas 78028 (210) 896-6777 ACR-83042-524 B-03035 FIRE SYSTEM HIR(~iASE AC3tE~V'1' THIS ACREEHENT is made this day of Hay, 1994, by and between the Kerrville Telephone Company, Security Alarm Division (Seiler) and Xerr County acting through Kerr County Judge W.C. Stacy (Buyer), of 7®B Nain Street Xerrville, Tesas 78018. In consideration of the undertakings, covenants and agreements below set forth, the parties agree as follows: 1. Seller agrees to sell and Buyer agrees to buy the Fire System described on the attached Pire System Equipment List, incorporated herein far all purposes, in accordance with the terms and conditions set forth below. 2. Seller agrees to plan and install a Fire System at the Xerr Ccunty Xedium Security Facility 700 Nain Street, Xerrville, Texas (Premises), in accordance with the current Standards adapted by the Texas Conunission on Fire Protection, Title 37, Part RIII, Chapter 531, Texas Administrative Code, and in particular, Rule 531.7 of the Rules of the said Commission and the National Fire Protection Association Standards incorporated thereby . 3. The Fire System shall be installed by Seller on the premises in full operating condition on Mr1y ~ 4-. ~`~'iC!- (Installation Date). The Installation Date is an approximate date, and map be adjusted by mutual agreement of Seller and Buyer. Seller shall exercise its best efforts in performing the installation of the Fire System but shall not be liable far delays or failure to do so caused by unavailability of equipment, Acts of God, Government, labor difficulties, failure of transportation, or other causes beyond Seller's control. 4. The purchase price for the Fire System is 9850.00, which will be paid as herein provided, plus freight and any sales, use or other similar tax imposed on Buyer or Seller in connection with this transaction. Seller acknowledges receipt of ~ to be applied to the purchase price. The balance of the purchase price shall be paid upon the completion of the installation of the Fire System on the premises. 5. For a period of one (1) pear from Installaticn Date, Seller warrants that the Fire System will be free from defects in material and workmanship. If, within one pear from the Installation Date, the System is discovered to have a defect in material or workmanship not the result of any excluded cause listed below, Seller shall, at its opticn, either repair the Fire System in place or accept return of components of the Fire System for repair or replacement withcut charge to the Buyer. EXPRESSLY EXCLUDED from this warranty are damages to or failure of Fire System caused bp: reasonable wear and tear resulting from normal use, misuse, negligence (other than of Seller), accident, theft or unexplained loss, abuse, animals, insects, Acts of God; or improper wiring, installation, repair or alteration by anycne other than Seller. Repairs necessitated 6p any of the above excepted causes will be made 6p Seller, is Buyer so requests, and the reasonable cast of labor (at Seller's then prevailing rates far similar services) and materials for such repairs will be paid to Seller by Buyer within thirty (30) daps of invoicing. THE ABODE E%PRESSED DARRARTY IS II LIED OF fl1R AMD flLL OTHER DARRARTIES EIYHBH E%PRESSED OR IMPLIED, IRCLDDIMG flMY IMPLIED DARRARIR OF !®tCRARTABILISR OR FITRESS FOR PARTICDLflR PORPOSH, OR DEB. ALL OTHER SDCH DARRflII'tIES ARE HEREBY SPECIFICALLY DISCLAIMED. SELLER MAEES RO O1IDERTARIRG OR RHPRESEMTATIOM OF AHY RI1D) WHATSOEVER lHflT THE FIRE SYSTEM OR SERVICES SDPPLIED DILL OVERT OR PREVEMT THE OCCORREIfCES OR THE COMSEQOEHCES SHERHFROM WHICH THE FIRE SYS'1'B1! OR SBRVICE IS DESIGRED TO DETECT, ARD SELLER SHALL ROT HE LIABLE FOR LOSS OR DflMAGE DOE DIRECTLY OR IMDIRECTLY 1'0 OCCDRREBCES, OR COIfSEQOSIfCES THEREFROM, WHICH THB FIRH SYSTFJ! OR SERVICE IS DESIGRED TO DETECT OR AVERT. SELLER SHALL ROT BE LIABLE FOR Al1Y SPECIAL, I1fCIDEMTAL OR CORSEQDEMI'IAL DA!lflG65 OR FOR LOSS, DAlgGE OR E%PEMSE OR FOR PERSOIfAL IMJORY OR LOSS OR DESTROCTIOIf OF OTHER PROPERTY DIRECTLY OR IIDIIRECTLY ARISI1fG FROM BOYAR'S DSB OF OR IRABILITY TO OSE THE FIRE SYSTEM EITHER SEPARATELY OR IR C~IMATIOM WITH O1'BER EQOIPMEIIT, OR FROM fl FAILDRE OF 4HE SYSTEM FROM WHATEVER CADSE, OR FROM flRY OTHER CAOSE. SELLER'S LIABILITY SHALL RE LIMITED TO THE REPAIR OR REPLACEMEMT OF DEFECTIVE PARTS, AS SET OOT ABOVE, flMD IM ALL EVENTS SHALL CBASE fl1N 'PERMIRATE flT THE ESPIRATIOM OF OME (1) YEAR FROM IRSTALLATIOR DATE. 6. If Hupec through his actions prevents Seller from installing the Fire System or notified Seller after the execution of this Agreement of his refusal tc accept such installation, Buyer will pap Seller liquidated damages in the amcunt of 108 of the purchase price. 7. Buyer agrees tc use due care in the handling and operation of the Pire System and Buyer agrees to operate the Fire System during the warranty period as provided for herein, according to the instruction of Seller, and will not alter ar permit the alteration of the 2 Pire System in any manner. Buyer agrees to immediately notify Seller of any difficulties in the operation of the Fire System and first notice shall be to Seller as opposed to any other party. Buyer agrees to bear the cast, if any, of construction changes it desires or that map be necessary tc accommodate the Fire System and any other costs related to moves or changes in existing equipment, ca61e, or bath. Buyer hereby assumes and will bear the entire risk of direct and consequential loss and damage to Fire System or any part thereof from the date of delivery to Premises. Super shall indemnify Seller against and hold Seller harmless from any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities, including attorney's fees, claimed 6p any person, organization, association, ar otherwise arising cut of, or relating tc the Fire System, use, possession, aperaticn or condition, thereof. S. Unless within seventy-two hours after the installation of the Fire System, Buyer gives written notice to Seller specifying any defects in installaticn or other proper objection to the Fire System, Super agrees that it shall be conclusively presumed that the Buyer has inspected the Fire System, that the Fire System is properly installed, is in good condition and repair, and that the Buyer is satisfied with and has accepted the Fire System. Acceptance of the Fire System hereunder shall in no way diminish or affect the warranty therecf made by Seller in paragraph five (5) herein above. 9. Title to the Fire System is to remain in Seller until the full purchase price and installation charge provided far in Section 4 of this Agreement is paid. Pailure of Super to pay Seller the purchase price of the Fire System when due shall give Seller the right, without liability, to repossess the same, with or without notice, and to avail itself of any legal remedy. 10. If mare than one (1) party is named as Buyer in this Agreement, the liability of each shall be joint and several. 1(0 pAIVER OF A1fY BREACH, PRIVILEGE, PROVISIOR OR DEFAOLT ®t6OF SHALL BB COIfSTRDED AS A BAIVER OF ABY OTHER BREACH, PRIVILEGE, OR PROVISIOB OR DBFADLT. 3 Seller has the right to assign its rights and obligaticns under this Agreement upon giving written notice of such assignment to Super. Buyer map assign its right and obligations created herein with Seller's written consent. If anp provisions of this Agreement are in conflict with anp statute or rule of law of anp state or territory wherein it map be sought to be enforced, then such provision shall be deemed null and void to the extent that they map conflict therewith, but without invalidating the remaining provisions hereof. This agreement contains the entire agreement between Seller and Buyer and any alterations or modification of this Agreement shall be in writing and signed by the parties. This Agreement shall be governed by the Laws of the State of Teaas. HOYER AGREES THA4 NO YERHAL REPRESElITA4I01f OF Al1Y SALESMAIf, AGE11T, OFFICER, OR EI~LOYEE OF SHLLER SHALL OPERATE TO PARY THE RRITTBif TBRMS HEREOF. THIS AGREEMENT shall not be binding upon Seller unless approved in writing by an officer of Seller. In the event of failure of approval, the sale liability of Seller shall be to refund to Huper the amount that has been paid to Seller upon the signing of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement on different dates but to be effective on the date first written above. SELLER: The Kerrville Telephone SEGTIRITY ALARM DIVISION 955 Water Street (P.O. Box 1128) Kerrville, Texas 78028 (210) 896-6777 By: Date: APPROVED Kerrville Telephone Company (Agent BUYER• Company Kerr Cot,mty, acting through W. G. Stacy, Kerr County Judge 700 Main Street Kerrville, Texas 78028 (210) 257-6711 By: Title: ~C~l.G7'i //+ Date: S~ y/~~ 4 FIRE SYSTEM EQUIPMENT LIST May 6, 1994 Customer Kerr County Kerr County Medium Security Facility 700 Main Street Kerrville, Texas 78028 Status: Proposal for a Fire Alarm System with audible and visual warning at the premises and remote monitoring at the Kerrville Polioe Department. Equipment Quantity MS-4024 FireLite MiniScan Control - 4 Zone 1 MS-4024AT FireLite Alarm Transmitter Module 1 UBMX12070 Standby Battery, 12 vdc, 7.0 AH 2 MT-24WM-VFR Wheelock Horn-Strobe 2 WH-DBBR Wheelock Backbox for Horn/Strobe 2 BK-400R BRK System Sensor Mini Horn Appliance 1 AI-270ASP0 Edwards Manual Station with Glass Rod 1 AI-39025 Edwards Manual Station Back Box 1 BK-2400 BRK System Sensor PhotoElectric Smoke Detector 12 SF-8100 STI Protector for Devices and Appliances 14 SF-8101 STI Riser for Tamper Resistance 14 Installed Equipment $4760.00 Premise 6 Months KP D Monitoring 60.00 Buyer is to provide conduit, access for w iring, and electrical 6 Months circuit, as needed, to meet Module Use 30.00 current Fire Standards. Note Alternate means of detection and reporting have been explained by Selling Agent with Buyer choosing ttyl~s mode o peration. 9,¢llin~""Agent/l Buyer +D-a'te~~ ~ Date $4850.00 Tax Exempt # 5 The Kerrville Telephone Company SECURITY ALARM DIVISION 955 Water Street (P.O. Box 1128) Kerrville, Texas 78028 (210) 896-6777 ACR-83042-524 B-03035 May 6, 1994 Customer Kerr County Kerr County Medium Security Facility 700 Main Street Kerrville, Texas 78028 RECURRING CHARGES FOR SYSTEM WITH DIRECT CONNECT TO K.P.D. A Lease Line is needed between your premise and the Police Dept. Approx. for alarm monitoring. This line is $39.50 $ 3.00 is installed, maintained and billed installation monthly by the Kerrville Telephone Company on a telephone bill. The Kerrville Police Department provides 24-hour alarm monitoring, and/or dispatch $10.00 monthly The Security Alarm Division provides the alarm reception board and individual $ 5.00 modules for alarm reception. monthly The Security Alarm Division will invoice you for the Police Department monitoring fee and the Security Alarm Division module use fee. These charges are billed IN ADVANCE, at SIX MONTH INTERVALS. Please note that the first six months fees are included in the purchase price of the System. You will be billed hereafter, as follows: 6 months Monitoring @ $10.00 = 6 months Module Use @ $ 5.00 = S- 311.52 157.50 -0- -p- 70 675.00 SI`~~ 9,800.00 11,311.52 75.00 1 tPSTII~` -0- -4- 1'S 4 26,525.00 I 2 CpNQtEC ~ ~ ~D~ 28,278.80 1 575.00 0.00 77L97 1,677.20 -0- -0- 50 16, p0 3 CARp~Y 2>250.00 0.00 16,771.98 650.00 65. -0- -0- 50 4 MOISTUtzE & ~'~i~ S .26,525.00 16,771.98 650.00 PROTECT & OZ,p,S -0- _0- 0 4,000.04 fig, WINDOW 33,543.95 650.00 0.00 0.00 220.00 5 -0- -0- j 1>300.00 0.00 100 633.58 6 FINISHES 2,200.00 882.06 t 1TF~~PHONEI -0- -0- 5, ", 7 MISC• IGANIETC. 4>0p0.00 2200.00 6 335.78 0.00 306.79 L ~4. 8 StiPER~SION k CON'I'RO 2200.00 -4- 6335.78 -0 8 067.90 INSURP~ _ g20.00) 9 LIABILITY CE 12,317.$4 0 8,067.90 -0- ( } -0- -4- (4,604.00) 11 PROFIT ~ OVF-~~'~ 3,067.90 -0° _p- 15 BO1`ID ( 920.041 ~ CTRICAL ~ ~,, -0- 5:274.22 17 DEDUCT FOR (4,600.00) 67,521.31 DEDU~ FOR SUPF~VISION 52,742.18 j4g3 18 caoa- . 52,742.18 ~ 120 , 263.49 ~ ~ t9a3 ~~ FNT • MAY 198-ni~cN~~~~nN~ n ~ ~(NN1[, _.,-.TC fOfl PAYMun iG N W RHODGS CONSTRUCTI01 1912 Junction Hwy. Kerrville, Texas 78028 (512) 895-4818 To KQtR CAUNTY, TX Acting through the Kerr County Conanissioners Court We hereby agree to make the chanpe(a) specified below: CH~-NGE ORDER Number 001 PNOne - owTe .5/5/94 JOB NAME/LOCATION Kerr County Medium Security Facility I~ JOB NUMBlA 000036. JOB PNON! 792-5053 l%1lTINO CONTRAC NO. OATI OR l%1lTINO CONTRACT 4/20/94 ~ Apply epoxy paint in restroom and shower area: walls, ceiling and shower screen. $700.00 above the cost of original contract price. . ,. $700.00 ~ 15% Profit & Overhead $105.00 Total for change order 805.00 ~ NOTE: This Change Order becomes part of end In conformance with the existing contract. WE AGREE hereby to make the change(s) specified above at this price ~ $ 805 GATE 5/5/94 PREVIOUS CONTRACT AMOUNT $ 120,263 REVISED CONTRACT TOTAL ~ $ 121,068 ACCEPTED -The above prices and specifications of this Change Order are satisfactory and are hereby ac- cepted. All work to be performed under same terms and conditions as specified in orifllnal contract unless other- wise stipulated. Date of Siflnature (OWNERI 3EMYNOLE FORM 3ab ' PROPOSAL Dage of pages PROPOSAL SUBMITTED TO: arioNE' a2.S~ ~ OATES~~~~ - 33~ 3 ~ ~<1 NAME: ~ JOB NAME: h~-iRR ~o~A.~y Sgir. 1/osLk~~ ~,rG,.v,~Fa„~ STREET: STREET: a. ~s ~~,•r 5~~~~T CITY. CITY; I STATE: 1i1~,pRv/~a r- - STATE: 7'F-X ps 7~0~ P __ We hereby submit specifications and estimatet for: 7y~ Cf'/it-ilsif~, w!T F/~C/~-"~O/jtN rz ~{-`'~/eO/I~R/~Si /L ~t ./ We hereby propose to furnish labor/(amend materialsT- emDlete in accordance with the above specifications, for the sum o(: _~~J~ ~Hp~4~Y'V faro L/,~A~G jRYt.W'Y~rae. /~~r_dollars 13 0 with payment to be made as lollows: j~A%D I~ Fvl~ oti 8o~lpL/'t~o%" - All material is guaranteed to be as specified. All work to ba completed in a workmanlike manner according to standard practices. Any alteration or deviation from above tpecifi