ORDER NO. 26865 APPROVE OPENING OF ANNUAL BIDS ELEC/HEAT&AIR/PLUMBING-FACILITES & MAINTENANCE On this the 12th day of February 2001, upon motion made by Commissioner Letz, seconded by Commissioner Williams, the Court approved by a vote of 3-0-0, to accept Opening of the Annual bids for Electricial, plumbing and heating & air Conditioning services for the Facilities and MAintenance Department. Refer the same to the Facilities & Maintenance Department for further review. COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THE REQUEST AND DOCUMENTS TO BE VIEWED BY THE COURT. MADE BY: Glenn K. Holekamr MEETING DATE: Feb. 12 2001 OFFICE: Facilities & Maintenance TIlv1E PREFERRED: ~D' SUBJECT: (PLEASE BE SPECIFIC) Opening of the annual bids for Electrical, Plumbing, and Heating & Air Conditioning Services. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) None NAME OF PERSON ADDRESSING THE COURT: Glenn Holekamp ESTIMATED LENGTH OF PRESENTATION: 1 min. IF PERSONNEL MATTER-NAME OF EMPLOYEE: Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5. Chapter 551 and 552. Government Code, is as follows: Meeting scheduled for Mondays: 5:00 P.M. pervious Tuesday THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: All Agenda Request forms will be screened by the County Judge's Office to determine if adequate information has been prepazed for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towards your request being addressed at the eazliest opportunity. See Agenda Request Rule adopted by Commissioners' Court. ~. ~, ~~,~- ~ ~ ~ ,~,a ~- ~~y/ ' r`''~~ ~ POLICY NO.: 90-GS-3971-2 COMMERCIAL GENERAL LIABILITY POLICY REPLACES NO.: 9p-ES-4359-3 COVERAGE AFFORDED BY THIS POLICY IS PROVIDED BY THE C6mR.Q,pI,X INDICATED BELOW STATE FARM FIRE AND CASUALTY COMPANY • 8900 AMBERGLEN BOULEVARD, AUSTIN TX 78729-1110 °'•"5 A STOCK COMPANY WITH HOME OFFICES IN BLOOMINGTON I Nam etl Insured and Mailing Address , JENSCHKE, 6ENN0 DBA BENNO'S ELECTRIC 600 JOHNSON DR KERRVILLE TX 78028-8332 POLICY PERIOD: From 03/11/2000 TO 03/11/2001 At 12.01 A.M. Standard Time At The Insure d's Address DECLARATIONS We will provide the insurance described in this policy in return for the premium and compliance with all applicable provisions of this policy. NAMED INSURED IS: INDIVIDUAL BUSINESS OF THE NAMED INSURED IS: ELECTRICIAN LIMITS OF INSURANCE EACH OCCURRENCE LIMIT S 100,000 GENERAL AGGREGATE LIMIT S 200,000 '7c (OTHER THAN PRODUCTS -~ COMPLETED OPERATIONS) PRODUCTS - COMPLETED OPERATIONS AGGREGATE LIMIT S 200,000 .~ PERSONAL & ADVERTISING INJURY LIMIT 5 100,000 FIRE DAMAGE LIMIT - ANY ONE FIRE S 50,000 MEDICAL EXPENSE LIMIT - ANY ONE PERSON 5,000 ~~~. ~ io~oo: $ 250 PROPERTY-DAMAGE-DEDUCTIBLE - PER OCCURREN~ /~ FORMS APPLICABLE: CG 00 01 11/88 COMM'L GEN'L LIAB COV FORM CG 00 41 05/86 AMENDMENT OF POLLUTION EXCL CG 01 03 11/85 TX CHGS COND REQUIRING NOTICE CG 03 00 11/85 DEDUCTIBLE LIABILITY INS IL 00 17 11/85 COMMON POLICY CONDITION IL 00 21 11/85 NUCLEAR ENERGY LIAB EXCL END IL 02 75 11/87 TEXAS CHANGES - CANCELLATION L 69 50 10/69 PREMIUM DISCOUNT END - TEXAS ~^\/ /\ \ \ lJ VPREMIUM~Vy~ $ 1,009.00 AUDIT PERIOD ANNUAL -~- ~ ~,~~ ~ ACC`' ~ ~> ` PREPARED your 01/28/2000 Policy consists of this page. any endorsements FP-8061C.1 and the policy form. Keep these together. Count`e ~Ig+n~ed~'~ /~ ~~~r1II ~ VriLfJ~ BY ~J~W// V~v"` L I~ VY~) 1~--~ 19 KERR COUNTY INVITATION TO BID Cover Sheet ~z ~rspt,ol Date Due: , 200_ DUE NO LATER THAN I:00 P.I. Bids received lacer than the date and time above will not be considered. rilll r UK: Term Contract for Trade Services for Kerr County (For one year beginning approximately , 200. OFFERORS NOTE!! Carefully read all instructions, requirements and Please return bid in the specifications. Fill out all forms properly and comparable size envelope. completely. Subm# your bid with all appropriate shows the da5-~umbcr, supplements and/or samples. "SEALED BID. " RETURN BID TO: KERR COUNTY CLERK KERR COUNTY COURTHOUSE 700 MAIN STREET KERRVII.LE, TEXAS 78028 envelope provided or in a Be sure that return envelope Description and is marked For additional information, contact Glenn K. Holekamp Kerr County Facilities Manager at (8301 257-7393 You must sign below in INK; failure to sign WILL, disqualify the offer. All prices must be typewritten or written in ink. Total Amount of Bid: $ Company Name: Company Address: / Q D fL~~~„e ,r __ ,}~ . City, State, "Lip Code: ~!~ ~~ .. ~~~ ~~_ '~ ~ a } ~ Taxpayer Identification Number (T.LN.): _ZL/_ a (p ~/ ~ '] 9 Telephone No. ~ ~/ /i . 7 7 /~ G FAX No. Print Naml Signature: [Your signature attests to your offer to provide the goods and/or services in this bid acrnrding to the published provisions of this Job. When an award letter is issued, it becomes a part of this contract. Contract is not valid until Purchase Order is issued.] ACCEPTED BY: Revised I IIW COUNTY IUDGE FRED HENNEKE Date: Pagc 1 of 14 TABLE OF CONTENTS Items checked below represent components which comprise this bid/proposal package. If the item IS NOT checked, it is NOT APPLICABLE to this bid/proposal. Offerors are asked to review the package to be sure that all applicable parts are included. [f any portion of the package is missing, notify the Purchasing Department immediately. [t is the Offeror's responsibility to be thoroughly familiar with all Requirements and Specifications. Be sure you understand the following before you return your bid packet. _X_ 1. Cover Sheet Your company name, address, the total amount of the bid/proposal, your signature (IN INI{) and your taxpayer identification number should appear on this page. _X_ 2. Table of Contents This page is the Table of Contents. _X_ 3. General Requirements You should be familiar with all of the General Requirements. _X_ 4. Special Requiremen[slInstructioru This section provides information you must know in order to properly make an offer. _X_ 5. Specifications This section contains the detailed description of the product/service sought by the County. _X_ 6. Pricing/Delivery Information This form is used to solicit exact pricing of goudslservices and delivery costs. _X_ 7. Attachments X a. Residence Certification Be sure to complete this form and retum with packet. b. Bid Guaranty & Performance Bond Informaton & Requirements This form applies only to certain bids/proposals. Please read carefully and fill out completely. _ c. Bid Check Form This form applies only to certain forms. Please read carefully aad fill out completely. d. Vehicle Delivery Instructions Included only when purchasing vehicles. _X_ e. Minimum Insurance Requirements Included when applicable (does not supersede "Hold Harmless" section of General Requirements). - _X_ f. Workers' Compensation Insurance Coverage Rule 110.110 This requirement is applicable for a building or construction contract. g. Financial Statement When this information is required, you must use this forth. h. Reference Sheet i. Other From time to time other attachments may be included. Page 2 of 14 Revised II/W GENERAL REQUIREMENTS READ THIS ENTIRE DOCUMENT CAREFULLY. FOLLOW ALL INSTRUCTIONS. YOU ARE RESPONSIBLE FOR FULFILLING ALL REQUIRF.MF.NTS AND SPECIFIG~TiONS. BE SURE YOU UNDERST.WD THEM. General Requirements apply [o all advertised bids; however, these may he superseded, whole or m part, by [he SPECIAL REQUIREMENTS/INSTRUCTIONS OR OTHER DATA CONTAINED HEREIN Review the Table of Contents. Be sure your bid package is complete. GOVERNING LAW Offerors shall eomply with all applicable federal, state and local laws and regulations. Offeror is further advised that these requvemen[s shall be fully governed by the laws of the State of Texas and that Kerr County may request and rely on advice, decisions and opinions of [he Attomey General of Texas and the County Attomey concerning any portton of these requirements. BID FORM COMPLETION Fill out and return to [he Kerr County Auditor ONE (l I complete bid form, using [he envelope provided. An authorized representative of the offeror should sign [he Cover Sheet. The contract will be binding only when signed by Kerr County, funds are certified by the Kerr County Commissioners' Coutt, and a Purchase Order issued 'oy Kerr County. BID RETURNS Offerors must return all completed bids to the Kerr County Clerk a[ the Kerr County Courthouse, 700 Main, Kemffie, Texas 78028 before 1:00 P. bl. on [he date specified. Late bids will no[ be accented. GOVERNING FORMS In the event of any conflict between the terms and provisions of these requirements and [he specifications, the specifications shall govem. In the event of any conflct of interpretation of any part of this overall document, Kerr County's interpretation shall govem. ADDENDA When specifications are revised, the Kerr County Facilities Manager wUl issue an addendum addressing the nature of the change. Offerors must sign and include it in the returned bid package. HOLD HARMLESS AGREEMENT Contractor, [he successful offeror, shall indemnify and hold Kerr County harmless from all claims for personal injury, death and/or property damage resulting directly or indirectly from contractor's performance. Contractor shall procure and maintain, with respect to the subject matter of this bid, appropriate insurance coverage including, as a minimum, public liability and property damage with adequate limits to cover contractor's liability as may arise dtrectly or indirectly from work performed under terms of this bid. Certification of such coverage must be provided to the County upon request. WAIVER OF SUBROGATION Offeror and offeror's insurance carrier waive any and all rights whatsoever with regard to subrogation against Ken County as an indirect party to any suit arising out of personal or property damages resulting from offeror's performance under [his agreement. SEVERABILITY [f any section, subsection, paragraph, sentence, clause, phrase or word of these requirements or the specifications shall be held invalid, such holding shall not affect the remaining portions of These requirements and the specifications and it is hereby declared that such remaining portions would have been included in these requirements and the specifications as though the invalid portion had been omitted. BONDS If this bid requires submission of bid guarantee and perfe rtnance bond, [here will be a separate page explaining [hose requirements. Bids submitted without the required bid bond or cashier's check ace no[ acceptable. TAXES Kerr County is exempt from all Cedeml excise, state and local taxes unless otherwise stated N this document. Kerr County claims exemption from all sales and/or use taxes under Texas Tax Code §151.309, as amended. Texas L'vnited Sales Tax Exemption Certificates will be famished upon written request [o [he Kert County Treasurer. FISCAL FUNDING A multi-year lease or lease/purchase artangement (if requested by the Special Requiremen(sllns[ruc[ions), or any ea ntract continuing as a result of an extension option, must include fiscal funding out. If, for any reason, funds are not appropriated to continue the lease or contract, said lease or contract shall become null and void on the last day of the current appropriation of funds. After expiration of the lease, leased equipment shall Page 3 of 14 he removed 6y the offeror Crom the using department without penally of any kind or fo nn to Kerr County All charges and physical activity related to delivery, installation, removal and redelivery shall he the responsibility o(the offeror PRI_ CING Prices for all percent markup on parts, all percent markup nn supplies anJ hourly labor charges shall 6e firm far the duration of this contract and shall he slated on the PricinglDclivery Information form. Prices shall be all inclusive: No price changes, mark up percentages oo parts and supplies, additions, or subsequent qualifications will he honored during the course of the contract. All prices must be wntten in ink or typewritten. Pricing on ell transportation, freight, drayage and other charges are to be prepaid by the convactor and included m the bid prices. 1( there are nny additional charges of any kind, other than those mentioned above, specified or unspecified, offeror MUST inJica[e [he items required and attendant costs nr forfeit the right to payment far such items. Where unit pricing and ez[ended pricing dif(eq unit pricing prevails. SILENCE OF SPECIFICATIONS The apparent silence of specifications as to any detail, or the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practice is to prevail and [ha[ only material and workmanship of the Cmcs[ quality are to be used All interpretations of specifications shall be made on the basis of thts statement. The items famished under this contract shall be new, unused of [he latest product in production [o commercial trade and shall be o[ the highest quality as to materials used and workmanship. Manufacturer furnishing these items shall be experienced in design and construction of such items and shall be an established suppber of the item bid. SUPPLEMENTAL MATERIALS Offerors are responsible for including all pertinent product data in the returned bid package. Literature, brochures, data sheets, specification information, completed forms requested as par[ of the bid package and any other facts which may affect the evaluation and subsequent contract award should be included. Materials such as legal documents and contractual agreements, which the offeror wishes to include as a condition of the brd, must also be in the returned bid package. Failure to include all necessary and proper supplemental materials may be cause to reject [he entire bid. MATERIAL SAFETY DATA SHEETS Under the "Hazardous Communication Act", commonly known as the "Texas Right To Know Act", an offeror must provide to the County with each delivery, material safety data sheets which are applicable to hazardous substances defined in the Act. Failure of [he offeror to famish this documentation will be cause m reject any bid applying thereto NAME BRANDS Specifications may reference name brands and model numbers. [[ is no[ [he intent of Kerr County [o restrict these bids in such cases, but to establish a desired quah[y level of merchandise or to meet a preestablished standard due to like existing items. Offerors may offer items of equal stamro and [he burden of proof of such stature rests with offerors. Kert County shall act as sole judge in detenninmg equality and acceptability of products offered. COLOR SELECTION Determination of colors of materials is a right reserved by [he using department unless otherwise specified in the bid. Unspecified colors shall be quoted as standard colors, NOT colors which require upcharges of special handling. Unspecified fabrics or vinyls should be construed as medium grade. If offeror fails to get color/material approvals prior to delivery of merchandise, the using department may refisse to accept the items and demand correct shipment without penalty, subject to other legal remedies. EVALUATION Evaluation shall be used as a determinant as to which bid items or services are [he most efficient and/or most uonomical for [he County I[ shall be based on all factors which have a bearing on pace and performance of [he items in the user environment. All bids are subject [o tabulation by the Kerz County Facilities Manager and recommendation to Kerr County Commissioners Court Compliance with all bid requirements, delivery and needs of the using department are considerations in evaluating bids. Pricing is NOT the only criteria for making a recommendation. The Kerr County Facilities Manager reserves the right to contact any offeror, a[ any time, to clarify, verify or request information with regard to any bid. INSPECTIONS Kerr County reserves [he right to inspect any item(s) or repair or service location for compliance with specifications and requirements and needs of the using department. If an offeror cannot furnish a sample of a bid item, where applicable, for review, or fails to satisfactorily show an ability to perform, the County can reject the bid as inadequate. Kerr County, through its designees reserves [he right to inspect all work in progress. TESTING Kerr County reserves the right to test equipment, supplies, material and goods bid for quality, compliance with specifications and ability to meet the needs of the user Demons[raUOn units must be available (or review. Should the goods or services fail to meet requtremen[s and/or 60 unavailable for evaluation, the bid is subject to rejection. Page 4 of 14 ~OUALIFICATION OF OFFF,ROR Upon signing this bid document, an offeror offenng to sell supplies, materials, services, or equipment to Ken County certifies that the offeror has not violated the antitrust laws n( this state codified in Texas Business and Commerce Code X15 Ol, et seq., as amended, or the federal antitrust laws, and has not communicated directly nr indirectly the bid made to any competitor or any other person engaged in such Gne of business. Any or all hids may he rejected if the County hclicves that collusion exists among the offerors. Bids in which the prices are obviously unbalanced may be rejected. If multiple bids arc submitted by an offeror and alter the bids are opened, one of the bids is withdrawn, the result will be that all of the bids submitted by that ol(cmr will be withdrawn, however, nothing herein prohibits a vendor from submitting multiple bids for different products or services. AWARD Kert County reserves the right to award this contract on the basis of LOWEST AND BEST BID in accordance with the laws of [he State of Texas, to waive any formality or irtegularily, to make awards to more than one offeror, to reju[ any or all bids. In the event the lowest dollar offeror meeting specifications is no[ awarded a contract, the offeror may appear before [he Commissioners Court or Hospital District Board of Managers, as applicable, and present evidence concerning his responsibility after officially notifying the Office of the Purchasing Agent of his intent to appear. ASSIGNMENT The successful offeror may not assign, sell or otherwise transfer this contract without written permission of Kerr County Commissioners Court. TERM CONTRACTS If the contract is intended [o cover a specific time period, the term will be given in [he speciFica[iens under SCOPE. MAINTENANCE Maintenance required for equipment bid should be available in Kerr County by a manufacturer authorized maintenance facility Costs for this service shall be shown on the Pricing/Delivery Information Eo nn. [f Kert County opts W include maintenance, it shall be so staled N the purchase order and said cos[ will be included. Service will commence only upon expiration of applicable warranties and should be priced accordingly CONTRACT OBLIGATION Kerr County Commissioners Court must award the contract and [he County Judge or other person authorized by [hc Kerr County Commissioners Court must sign [he contract before it becomes binding on Kerr County or the offerors. Department heads are NOT authorized [o sign agreements for Kerr County. Binding agreements shag remain in affect until all products and/or services covered by this purchase have been sa[isfactodly delivered and accepted. TITLE TRANSFER Title and Risk of Loss of goods shall not pass to Kerr County until Kerr County actually receives and takes possession of the goods at the point or points of delivery. Receiving times may vary with [he using department. Generally, deliveries may be made between 8:30 a.m. and 5:00 p.m., Monday through Friday. Offerors are advised Co consul[ the using department for instmctions. The place of delivery shall be shown under the "Special Requirements/Instructions" section of this bid package and/or on the Purchase Order as a "Deliver To:" address. WARRANTIES Offerors shall furnish all data pertinent to warranties or guarantees which may apply to items N the bid. Offerors may not limit or exclude any implied warranties. Offeror warrants that product sold to the County shall conform to the standards established by the U.S. Department of Labor under the Occupational Safety and Health Ac[ of 1970. In the even[ product does no[ conform to OSHA Standards, where applicable, Kerr County may return [he product for correction or replacement at the offero is expense. If offeror fads to make the appropriate correction within a reasonable time, Kerr County may correct at the offeror's expense. PURCHASE ORDER AND DELIVERY The successful offeror shall no[ deliver products or provide services without a Kerr County Purchase Order, signed by an authorized agent of the Kert County Facilities Manager. The fasces[, most reasonable delivery lima shall be indicated by the offeror in the proper place on the PricinglDelivery Information forth. Any special information concerning delivery should also be included, on a separate sheet, if necessary. All items shall be shipped F.O.B. INSIDE DELIVERY unless otherwise stated in the specifications. This shall be understood to include bringing merchandise [o the appropriate room or place designated by the using department. Every tender or delivery of goods must Cully comply with all provisions of these requirements and [he specifications including time, delivery and quality. Nonconformance shall constitute a breach which must be rectified prior [o expiration of [he time for performance. Failure to rectify within the performance period will be considered cause to reject Future deliveries and cancellation of the contract by Kerr County without prejudice to other remedies provided by law Where delivery times are critical, Kerr County reserves the right to award accordingly CONTRACT RENEWALS Renewals may be made ONLY by written agreement between Kerr County Commissioners Court and the offeror INVOICES AND PAYMENTS Page 5 of 14 Offerors shalt submit an original Invnlce nn each purchase order nr after each delivery, indicating the purchase order number. invoices must be itemized. Any invoice which cannot be verified by the contract pnce and/ar is otherwise incorrect, will he re[umed eo the offeror for correction. Under tens aon[rac(s, when multiple deliveries and/nr servccs are required, the o(fcror may invoice following each delivery and the County will pay on invoice. Contracts providing for a monthly charge will be billed and paid on a monthly basis only Prior to any and all payments made for good andlor services provided under this contract, the offeror should pmvtde his Taxpayer Wen[ifica[ion Number or social security number as applicable. This information must be on file with the Kerr County Auditor's office. Failure to provide this information may result 'm adelay m payment and/or back up withholding as required by the Internal Revenue Service. TF,RbIINATION Kert County reserves the right to terminate the contract Car default if offeror breaches any of the terms therein, including warranties of offeror or it the offeror becomes insolvent or commits acts of bankruptcy Such right of termination is in addition to and no[ in lieu of any other remedies which Kerr County may have in law or equity Default may he construed as, but no[ limited [o, failure [o deliver [he proper goods and/or services within the proper amount of fuse, and/or to properly perform any and all services required to Kerr County's satisfaction and/or to meet all other obligations and requirements. Kert County may terminate the contract without cause upon thirty (30) days written notice RECYCLED MATERfALS Kerr County encourages [he use of products made of recycled materials and may give preference in purchasing to products made of recycled materials if the products meet applicable specifications as to quantity and quality. Karr County will be [he sale judge in determining product preference application. SCANNF,D OR RE-TYPED RESPONSE If m its bid response, offeror either electronically scans, re-types, or in some way reproduces the County's published bid package, then in event of any conflict between the terms and provisions of the County's published bid spectfiea[ions, or any portion thereof, and the terms and provisions of the bid response made by offeror, the County's bid specifications as pablished shall control. Furthermore, if an alteration of any kind to [he Coan[y's published bid specifications is only discovered after [he contract is executed and is or is not being performed, the contract is subject to immediate cancellation. FLOPPY DISK If offeror obtained the bid specifications on a floppy disk in order to prepare a response, the bid must 6e submitted ut hard copy according to [he inswctions contained in this bid package. If, in its bid response, offeror makes any changes whatsoever [o the County's published bid specifications, [he County's bid specifications as published sha(1 control Furthermore, if an alteration of any kind to the County's published bid specifications is only discovered otter the contract is executed and is or is not being performed, the contract is subjecC to immediate cancellation. YEAR 2000 COMPLIANCE All products and/or services furnished as part of this contract must be ywr ?000 cumphant. This applies to all computers including hardware and software as well as all other commodities with dale sensitive embedded chips. RcviscJ II/00 Page 6 of 14 SPECIAL REQUIItE:~NTS/INSTRUCTIONS The following requirements and instructions supersede General Requirements where applicable. I. Application Should this contract apply to other governmental entities, references to "Kerr County" and the °Kerr County Commissioners Court" may apply to one or more of the following: (The Kerr County Juvenile Detention Facility governed by the Kerr County Juvenile Detention Facility Corporation Boazd.] 2. Bid Requirements Each bidder should submit as a bid this entire I'I'B, completed where necessary, for example, the ITB cover sheet, the Price Sheets, Residence Certification, etc. Use the envelope provided with the I'TB, or a comparable one, cleazly indicating on the outside the Job Number, Job Description, and mazked "SEP.LED BID." Kerr County shall not be responsible for any effort or cost expended in the preparation of a response to this TI'B. All protests should be coordinated through the Kerr County Auditor's Office prior to award recommendation to Commissioners Court. 3. Delivery If delivery is required, all items must be packaged so as to be protected from damage during shipping and handling. Any item(s) damaged in shipping must be replaced in kind or repaired by the contractor, at the discretion of, and at no additional chazge to Ken County. 4. Payment Kerr County will pay on in invoices that cleazly itemize the goods and/or services provided as to quantity, part number, description, price, applicable discount (if any), labor charges showing time differential, if agplicable and if previously agreed to, and delivery, installation, and set-up costs, if applicable and if previously agreed to. Only chazges as stated on the Price/Delivery Information Sheet(s) submitted as a part of the bid will be considered. Invoices must indicate Kerr County, the address to which the product(s) and/or service(s) were delivered, and the applicable purchase order number. Invoices will be matched to delivery tickets prior to payment; therefore, all delivery tickets should have an accurate description of the product(s) and/or service(s). 5. Usage Reports Kerr County reserves the right to request, and receive at no additional cost, up to two (2) times during the contract period, a usage report detailing the products and/or services furnished to date under a contract resulting from this ITB. The reports must be furnished no later than five (5) working days after written request and itemize all purchases to date by Kerr County department, description of each item purchased, including manufacturer, quantity of each item purchased, per unit and extended price of each item purchased, and total amount and price of all items purchased. R'rE ',;~ t, <~~.. x~~..: Y~~... ~~ II. Payment Dismount: Indicate the payment discount(s) available depending on when invoices are paid. For example, 1/30 means a 1% discount if paid within 30 days, 2/15 means a 2% discount if paid within 15 days, etc. 1/30 III. Renewal: If requested by the Office of the Purchasing Agent, and approved by Kerr County Commissioners Court, contractor agrees to renew the original contract, as amended from time to time, at the same terms, conditions, and pricing for the following periods: Renewa12001-2002: Oyes ^ no Renewa12003-2004: ^ yes 0 no ~c~ Renewa12002-2003: (9 yes ^ no Renewa12004-2005: ^ yes ^ no NORMAL OPERATING HOURS 7:OOam-S:Oo-Pm ~;'`,,t OVERTIME HOURS S:OOpm-7:003m 4 EASTER, THANKSGTVING, NEW YEARS, AND CHAIST'MAS CHARGED AS OVERTIME 5 y{, NORMAL HOURLY RATES ARE $53.00 PER HOUR-$79.50 PER HOUR W/HELPER OVERTIME HOURLY RATES ARE $79.50 PER HOUR-$119.25 PER HOUR W/HELPER ~• ~'~#v RESPONSE TIME IS NORMALLY WITHIN 2 HOURS EMERGENCY RESPONSE TIME WITHIN 1 HOUR ~, MATERIAL NARK-UP FROM COST IS 20~ w~ *LARGE JOBS OTHER THAN REPAIRS WILL BE SUBMITTED IN BTD FORM AND PRESENTED BEFORE STARTING JOB. {~, +.,. ' Page 10 of 14 Attachment a. Residence Certification RESIDENCE CERTIFICATION Pursuant to Texas Government Code §2252.001 et seq., as amended, Kerr County requests Residence Certification. §2252.001 et seq. of the Government Code provides some restrictions on the awazding of governmental contracts; pertinent provisions of §2252.001 are stated below: (3) "Nonresident bidder" refers to a person who is not a resident. (4) "Resident bidder" refers to a person whose principal place of business is in this state, including a contractor whose ultimate parent company or majority owner has its principal place of business in this state. 1 certify that W P\Q, AIJ ~~V YY1 ~i V1 ~ is a Resident Bidder of Texas as defined in [Company Name] Government Code §2252.001. ^ I certify that is a Nonresident Bidder as defined in [Company Name] Government Code §2252.001 and our principal place of business is [City and State} r... .e"~~e t uca Paget 1 of 14 DATE(MMIDDIVY) ACORD CERTIFICATE OF LIABILITY INS o2io9r_ool PRDDUCER TexAS Hill4 InBUrADCC Agency 212 Sidney faker South THIS C TIFICATE IS ISSUED AS A TTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. 7HI3 CERTIFICATE DOES NOT AMEND, EKTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PO Box 294599 Kerrville TX 75029-4599 INSURERS AFFORDING COVERAGE InsuRSD Whelan Plumbin Inc Co INSURER A: anover oy s - ., . g 2104 M ri l Bh~d INSURERS: anover Amencan emo a . INSURERa - Kemille TX 78028 INSURER D: anover urance Ompany INSURER E: COVERAGES THE POLICIES OF INSURANCE USTED BELOW HAVE BEEN 198UE0 TO THE INSURED NAMED ABOVE FOR THE POLICY wrxlcw mulun I cu. nv I vvI I no Ir~rvv~n~ TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR ANV REQUIREMENT , MAV PERTAIN, THE INSURANCE AFFORDED BV THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAV HAVE BEEN REDUCED BV PAID CLAIMS. TYPl OFINBURIWGF POLICY NVMBER DATE MMlODIYY DPT DD LIMITS OENEeer LIABILITY [ ZLD627I784 OIIOIIZOOl 01/01/2002 EACH OCCURRENCE E COMMERCIAL OENERALLABILItt FIRE DAMAGE (Any one nre) E OLAIMS MADE ®OGCUR MED FXP (Any on• person) 8 pERSCNAL AADV INJURY E r GENERAL AGGREGATE E 2, GEML AGGREGATE LIMIT APPLIE$PER~ PRODUCf9-GOMP/OP AOG E 2r O r LOC POLICY JEC I3 AUT DMOBILEW181LITY AZD6271783 01/01/2001 01/01/2002 coMBwED61NGLEUMIT $ 1,000,000 ANY AUTO (Ee eccbenq pu OWNEp ALROS BOpILY INJURY $ 6CHEUVLED 1UT05 (Per pereon) HIRED AUTOS BODILY INJURY $ NON-0WNED AVi09 (Per wcwanq PROPERTY DAMAGE $ (Per ecclOanl) GARAGE LIABILRV ALROONLY-EA ACCDENT $ ANY avrp O'HERTHAN EA ACC E AUTO ONLY: AGG $ LWBILITY X 01/01/2001 01/01/2002 EACn occuRRENGE E E CE88 I71-ID6271785 l X OCCUR ~ ClA1M5 MADE AGGREGATE E r E DEDUCTIBLE $ 10 000 $ , RETENTION $ WORKERS COMPENSATNkI AND TORY LIMITS ER EMPLOYERS-LWBILRY E.L EACH ACCIDENT E ' E.L. gSEA3E- FA EMPLOYE $ E.L. DISEASE-POLICY LIMIT $ OTHER DEBCRPiION OF OPERATMNBR.OCATIONBNENN:LESIEKCLUSKINS ADDm BY ENDORBENENT/BPECWL PROVISIONS ADDITIONAL IHeVRED; Kerr County 700 Main St. Atht: Jannett Pieper Kerrville TX 78028 SHOULD ANY OF THE ABOVE DEBGW BED POLICIES BE OANCELLED BEiOj1E THE EAPIRATIOt GATE THEREOF, THE ISSUING P13URER WILL ENDEAVOR TO MAIL DAYS W RffTEN NOTICE TO THE GBir1FICATE HOLDER NAKED TO THE LEFT, BVF FAILURE TO DO 80 BFWLL IMPOSE NO OBLIGATK)N Oft LIABILfrV OE ANY KIND UPON THE INBVRRL ITS AOENTB OR Z0/Z0 39dd SNI S~~IH SGX31 SB8bZ6L0E8 Zb:ET I00L/60/Z0 Attachment e. Minimum Insurance Requirements • The contractor shall, at all times during the term of this contract, maintain insurance coverage with not less than the type and requirements shown below. Such insurance is to be provided at the sole cost of the contractor. These requirements do not establish limits of the contractor's liability. • All policies of insurance shall waive all rights of subrogation against the County, its officers, employees and agents. • Upon request, certified copies of original insurance policies shall be furnished to Kerr County. • The County reserves the right to require additional insurance should it be deemed necessary. A. Workers' Compensation (with Waiver of subrogation to Kerr County) Employer's Liability, including all states, and other endorsements, if applicable to the Project. Statutory, and Bodily Injury by Accident: $100,000 each employee. Bodily Injury by Disease: $500,000 policy limit $100,000 each employee. Kea County shall be named as "additional insured" on workers' compensation policy. B. Commercial General Liability Occurrence Form including, but not limited to, Premises and Operations, Products Liability Bmad Form Property Damage, Contractual Liability, Personal and Advertising Injury Liability and where the exposure exisu, coverage for watercraft, blasting collapse, and explosions, blowout, cratering and underground damage. $300,000 each occurrence Limit BalIly Injury and Property Damage Combined $300,000 Products- Completed Operations Aggregate Limit $500,000 Per Job Aggregate $300,000 Personal and Advertising Injury Limit. Kea County shall be named as "additional insured" on commercial general liability policy. C. Automobile Liability Coverage: $300,000 Combined Liability Limits. Bodily Injury and Property Damage Combined. Kea County shall be named as "additional insured" on automobile policy. Revisedll/00 Page 12 of 14 Attachment f. Page 1 of 2 TWCC RULE 110.110 WORKERS' COMPENSATION INSURANCE COVERAGE If this bid/proposal package is for a building or construction contract, all of the provisions of this rule as shown below apply. Since this is a mandatory requirement, cost increases should not be experienced because of the need to comply with the Texas Workers' Compensation Law. For additional information contact the Texas Workers' Compensation Commission, Southfield Building, 400 S. IH-35, Austin, Texas 78704-7491, (512) 440-3618. A. Definitions: Certificate of coverage ("Certificate"1 - A copy of a certificate of insurance, a certificate of authority to self-insure issued by [he commission, or a coverage agreement, TWCC-81, TWCC-82, TWCC-83, or TWCC-84 showing statutory workers' compensation insurance coverage for [he person's or entity's employees providing services on a project, for the duration of the project. Duration of the nroiect -Includes the time from the beginning of the work on the project until the contractor's/person's work on [he project has been completed and accepted by [he governmental entity. Persons providing services on the orojec[ ("subcontractor" in 5406 0961 -Includes all persons or entities performing all or paR of the services the contractor has undertaken [o perform on [he project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food beverage vendors, office supply deliveries, and delivery of portable toilets. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The Contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) A certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) No later than seven (7) days after receipt by [he 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. F. The Contractor shall retain all required certificates of coverage for the duration of the project and for one (1) year thereafter. '^7. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. Page 13 of 14 Attachment f. Page 2 of 2 H. 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. I. The Contractor shall contractually require each person with whom it contracts to provide services on a project to: (1) Provide coverage, based on reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all its employees providing services on [he project, for the duration of the project. (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 person providing services on the project, for the duration of the project. (3) Provide the Contractor, 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. (4) Obtain from each other person with whom it contracts, and provide to the Contractor: ^ (a) A certificate of coverage, prior to the other person beginning work on the project, and (b) Anew certificate of coverage showing extension of coverage, 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; (5) Retain all required certificates of coverage on file for the duration of the project and for one (1) year thereafter. (6) Notify the government entity in writing by certified mail or personal delivery, within ten (10) 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 (7) Contractually requite each person with whom it contracts, to perform as requited by paragraphs (1) - (7), with [he certificates of coverage to be provided to the person for whom they aze providing services. By signing this contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance tamer or, in the case of aself-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The Contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten (10) days after receipt of notice of breach from [he govemmental entity. Page 14 of 14 2~~2~~ -e~ ..,_ •,~;~ a ~ .u KERB COUNTY INVITATION TO BID Cover Sheet Job No. Date Due: 2 _ DUE NO LATER THAN 1:00 P.M. Bids received later than the date and time above wiU not be considered. BID FOR: Term Contract for Body Shop Repairs for Kerr County (For one year beginning approximately 200. OFFERORS NOTE:: Carefully read all instructions, requirements and specifications. Fill out all forms properly and completely. Submit your bid with all appropriate supplements and/or samples. Please return bid in the envelope provided or in a comparable size envelope. Be sure that return envelope shows the Job Number, Description and is marked "SEALED B1D. " RETURN BID TO: KERR COUNTY CLERK KERB COUNTY COURTHOI 700 MAIN STREET KERRVII.LE, TEXAS 78028 For additions] information, wntact Glenn K. Holelcamp. Kerr Countv Facilities Manager at (8301 257-7393 You must sign below in INK; failure to sign WILL disqua&fy the offer. All prices must be typewrttten or written in ink. Total Amount of Bid: Company Name: d /~OUt ~ ~1PE~' KE G Company Address: 8 ~ N l~ ~-2 o Od City, State, Zip Code: ~ 1ZR V'1 LL E X ~ O ~~ ~ Taxpayer Identification Number (T.I.N.): ~ 7 ~ ~ -70 tY0 ~ 7 Telephone No. 830- ;Z ~ yo2 y FAX No. X30 - 79~ S Print Name: R /3 t ~ S Signature: ~'' [Your signafrdre attests to your offer to provide the goods and/or services in this bid according to the published provisions of this Job. When an award letter is issued, it becomes a part of this contract. Contract is not valid until Purchase Order is issued.] ACCEPTED BY: KERB COUNTY JUDGE FRED IiENNEKE Revised l l/00 Date: Page 1 of 12 TABLE OF CONTENTS Items checked below represent components which comprise this bid/proposal package. If the item IS NOT checked, it is NOT APPLICABLE to this bid/proposal. Offerors are asked to review the package to be sure that all applicable parts are included. If any portion of the package is missing, notify the Purchasing Department immediately. It is the Offeror's responsibility to be thoroughly familiar with all Requirements and Specifications. Be sure you understand the following before you return your bid packet. _X_ 1. Cover Sheet Your company name, address, the total amount of the bid/proposal, your signature (IN INK) and your taxpayer identification number should appear on this page. _X_ 2. Table of Contents This page is the Table of Contents. _X_ 3. General Requirettrents You should be familiar with all of the General Requirements. _X_ 4. Special Requit~trenfs/Instructions This section provides information you must know in order to properly make an offer. _X_ 5. Specifications This section contains the detailed description of the product/service sought by the County. X 6. Pricing/Delivery Information This form is used to solicit exact pticiag of goods/services and delivery costs. _X_ 7. Attachments X a. Residence Certification Be sure to complete this form and return with packet. _ b. Bid Guaranty & Performance Bond Information & Requirements This form applies only to certain bids/proposals. Please read carefully and fill out completely. _ c. Bid Check Form This form applies only to certain forms. Please read carefully and fill out completely. d. Vehicle Delivery Instructions Included only when purchasing vehicles. e. Minimtun Ltsurance Requirenents Included when applicable (does not supersede "Hold Harmless" section of General Requirements). f. Workers' Compensation Insurance Coverage Rule 110.110 This requirement is applicable for a building or construction contract. g. Financial Statement When this information is required, you must use this form. b. Reference Sheet i. Other From time to time other attachments may be included. Page 2 of 12 Revised 1l/00 GENERAL REOUIREMENTS READ TH[S ENTIRE DOCUMENT CAREFULLY. FOLLOW ALL INSTRUCTIONS. YOU ARE RESPONSIBLE FOR FULFILLING ALL REQUIREMENTS AND SPECIFICATIONS. BE SURE YOU UNDERSTAND THEM. General Requirements apply to all advertised bids; however, these may be superseded, whole or in part, by the SPECIAL REQUIREMENTSANSTRUCTIONS OR OTHER DATA CONTAINED HEREIN. Review the Table of Contents. Be sure your bid package is complete. GOVERNING LAW Offerors shall comply with all applicable federal, state and local laws and regulations. Offeror is further advised that these requirements shall be fu0y governed by the laws of the Stale of Texas and that Kerr County may request and rely on advice, decisions and opinions of the Attorney General of Texas and the County Attorney concerning any portion of these requirements. BID FORM COMPLETION Fill out and re[um to [he Kerr County Auditor ONE (1) complete bid form, using [he envelope provided. An authorized representative of the offeror should sign the Cover Sheet. The contract will be binding only when signed by Ken County, funds are ceRified by the Kerr County Commiesionera' Court, and a Purchase Order issued by Kerr County. BID RETURNS Offerors must return all completed bids [o [he Kerr County Clerk at the Kett County Courthouse, 700 Main, Kerrville, Texas 78028 before 1:00 P.M. on [he date specified. Late bids will not be accented. In [he even[ of any conflict between the terms and provisions of these requirements and [he specifications, the specifications shall govern. In the event of any conflict of interpretation of any part of this overall document, Kerr County's interpretation shall govern. ADDENDA When apecificaUona are revised, the Kerr County Facilities Manager will issue an addendum addressing the nature of the change. Offerors must sign and include it in the returned bid package. HOLD HARMLESS AGREEMENT Contractor, the successful offeror, shall indemnify and hold Kerr County harmless [rom a0 claims for personal injury, death and/or property damage resulting directly or indirectly from contractor's performance. Contractor shall procure and maintain, with respect to the suhjec[ matter of this bid, appropriate insurance coverage including, as a minimum, public liability and property damage with adequate limits to cover contractor's liabifity as may arise dvectly or indirectly from work performed under terms of this bid. Certification of such coverage must be provided to the County upon request. WAIVER OF SUBROGATION Offeror and offeror's insurance carver waive any and all rights whatsoever with regard to subrogation against Kerr County as an indirect party to any suit arising out of personal or property damages resulting from offeror's performance under this agreement. SEVERABILITY If any section, subsection, paragraph, sentence, clause, phrase or word of these requirements or the specifications shall be held invalid, such holding shall not affect the remaining portions of these requirements and the specifications and it is hereby declared that such remaining portions would have been included in these requirements and [he specifications as though the invalid portion had been omitted. BONDS If this bid requires submission of bid guarantee and performance bond, there will be a separate page explaining those requirements. Bids submitted without the requireA bid bond or cashier's check are not acceptable. TAXES Kerr County is exempt from all federal excise, state and local [axes unless otherwise stated in this document. Kerr County claims exemption fmm all sales and/or use taxes under Texas Tax Code §151.309, as amended. Texas Limited Sales Tax Exemption Certificates will be famished upon written request to the Kerr County Treasurer. FISCAL FUNDING A multi-year lease or ]ease/purchase arrangement (if requested by the Special Requirements/Instructions), or any contract continuing as a result of an extension option, must include fiscal funding out. If, for any reason, funds are not appropriated to continue [he lease or contract, said lease or contract shall become null and void on the last day of the current appropriation of funds. After expiration of the lease, leased equipment shall Page 3 of 12 be removed by the offeror from the using department without penalty of any kind or form to Kerr County. All charges and physical activity related to delivery, installation, removal and redelivery shall be the responsibility of the offeror. PRICING Prices for all percent markup on pacts, all percent markup on supplies and hourly labor charges shall be firm for the duration of this contract and shall be stated on the Pricing/Delivery Information forth. Prices shall be all inclusive: No price changes, mark up percentages on parts and supplies, additans, or subsequent qualifications will be honored during the course of the contract. All prices must be written m ink or typewritten. Pricing on all transportation, freight, drayage and other charges are to be prepaid by the contractor and included in [he bid prices. If there are any additional charges of any kind, other than those mentioned above, specified or unspecified, offeror MUST indicate the items requved and attendant costs or forfeit the right to payment for such items. Where unit pricing and extended pricing differ, unit pricing prevails. SILENCE OF SPECIFICATIONS The apparent silence of specifications as [o any detail, or the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practice is to prevail and that only material and workmanship of the finest quafity are to be used. All in[crpreta[ions of specifications shall be made on the basis of this statement. The items famished under this contract shall be new, unused of the latest product in production to commercial trade and shall be of the highest quality as to materials used and workmanship. Manufacturer famishing these items shall be experienced in design and construction of such items and shall be an established supplier of the item bid. SUPPLEMENTAL MATERIALS Offerors are responsible for including all pertinent product data in [he returned bid package. Literature, brochures, data sheets, specification information, completed forms requested as part of the bid package and any other facts which may affect the evaluation and subsequent contract award should be included. Materials such as legal documents and contractual agreements, which the offeror wishes [o include as a condition of the bid, must also be N the returned bid package. Failure to include all necessary and proper supplemental materials may be cause to rejcct the entire bid. MATERIAL SAFETY DATA SHEETS Under the "Hazardous Communication Act", commonly known as the "Texas Right To Know Act", an offeror must provide to the County with each delivery, material safety data sheets which are applicable to hazardous substances defined in the Act. Failure of the offeror to Curnish this documentation will be cause to reject any bid applying thereto. NAME BRANDS Specifications ~ reference name brands and model numbers. It is not the intent of Kerr County to restrict these bids N such cases, but to establish a desired quality level of merchandise or to meet apre-established standard due to like existing items. Offerors may offer items of equal stature and the burden of proof of such stature rests with offerors. Kerr County shall act as sole judge in determining equafity and acceptability of products offered. COLOR SELECTION Determination of colors of materials is a right reserved by the using department unless otherwise specified in the bid. Unspecified colors shall be quoted as standard colors, NOT colors which require upcharges or special handling. Unspecified fabrics or vinyls should be constmed as medium grade. If offeror fails to get color/material approvals prior to delivery of merchandise, the using department may refuse to accept [he items and demand correct shipment without penalty, subject to other legal remedies. EVALUATION Pvaluation shall be used as a determinant as to which bid items nr services are [he most efficient and/or most economical for the County. It shall be based on all factors which have a bearing on price and performance of the items in [he user envvonment. All bids are subject [o tabulation by the Kerr County Facilities Manager and recommendation to Kerr County Commissioners Court. Compliance with all bid requirements, delivery and needs of the using department are considerations in evaluating bids. Pricing is NOT the only criteria for making a recommendation. The Kerr County Facilities Manager reserves the right to contact any offeror, at any time, to clarify, verify or request information with regard to any bid. INSPECTIONS Kerr County reserves the right [o inspect any item(s) or repair or service location for compliance with specifications and requirements and needs of the using department. If an offeror cannot famish a sample of a bid item, where applicable, for review, or fails to satisfactorily show an ability [n perform, the County can reject [he bid as inadequate. Kert County, through its designees reserves [he right [o inspect all work in progress. TESTIN Kerr County reserves [he right [o test equipment, supplies, material and goods bid for quality, compliance with specifications and ability to meet the needs of the user. Demonstration units must be available for review. Should the goods or services fail to meet requirements and/or be unavailable for evaluation, the bid is subject to rejection. Page 4 of 12 DISQUALIFICATION OF OFFEROR Upon signing this bid document, an offeror offering to sell supplies, materials, services, or equipment to Kerr County certifies that [he offeror has no[ violated the antitrust laws of this state codified m Texas Business and Commerce Code §15.01, et seq., as amended, or the federal antitrust laws, and has not communicated dvec[ly or indirectly the bid made to any wmpetimr or any other person engaged in such line of business. Any or all bids may be rejected if the County beneves [ha[ collusion exists among the offerors. Bids in which the prices ate obviously unbalanced may be rejected. If multiple bids are submitted by an offeror and after the bids are opened, one of the bids is withdrawn, dte result will be [hat all of the bids submitted by that offeror will be withdrawn, however, nothing herein prohibits a vendor from submitting multiple bids for different products or services. AWARD Kerz County reserves the right to award this contract on the basis of LOWEBT AND BEST BID in accordance with the laws of the State of Texas, to waive any formality or irregularity, to make awards to more than one offeror, to reject any or all bids. In the event the lowest dollar offeror meeting specifications is not awarded a contract, the offeror may appear before the Commissioners CouR or Hospital Dis[ric[ Board of Managers, as applicable, and present evidence concerning his responsibility after officially notifying the Office of [he Purchasing Agent of his intent to appear. ASSIGNMENT The successful offeror may not assign, sell or otherwise transfer this contract without written permission of Kerr County Commissioners Court. TERM CONTRACTS If the contract is intended to cever a specific time period, [he term will be given in the specifications under SCOPE. MAINTENANCE Maintenance required for equipment bid should be available in Kerz County by a manufacturer authorized maintenance facility. Costs for this service shall be shown on the Pricing/Delivery Information form. If Kcrs County opts to include maintcnance, it shall be so sta[cd in the purchase order and said cost will be included. Service will commence only upon expiration of applicable warranties and should be priced awardingly. CONTRACT OBLIGATION Kert County Commissioners Court must award the contract and the County lodge or other person authorized by the Kert County Commissioners Court moat sign [he contract before it becomes binding on Kerr County or [he offerors. Department heads are NOT authorized to sign agreements for Kerr County, Binding agreements shall remain in effect until all products and/or services covered by [his purchase have been satisfactorily delivered and accepted. TITLE TRANSFER Tide and Risk of Loss of goods shall not pass [o Kerr County until Kerc County actually receives and takes possession of [he goods a[ the point or points of delivery. Receiving times may vary with the using department. Generally, deliveries may be made between 8:30 a.m. and 4:00 p. m., Monday through Friday. Offerors are advised [o consul[ the using depaRment for instructions. The place of delivery shall be shown under the "Special Requirementsflnstructions" section of this bid package and/or on the Purchase Order as a "Denver To:" address. WARRANTIES Offerors shall furnish all data pertinent to warranties or guarantees which may apply to items in [he bid. Offerors may no[ limit or exclude any implied warzanties. Offeror warrants that product sold [o the County shall conform to the standards estabnshed by the U.S. Department of Labor under the Occupational Safety and Health Act of 1970. In the event product does not conform to OSHA Standards, where applicable, Kerr County may return the pmduct for correction or replacement at the offeror's expense. If offeror fails [o make [he appropriate correction within a reasonable time, Kerr County may correct at the offeror's expense. PURCHASE ORDER AND DELIVERY The successful offeror shall not deriver products or provide services without a Kers County Purchase Order, signed by an authorized agent of [he Kerz County Facilities Manager The fastest, most reasonable denvery time shan be indicated by the offeror in the proper place on the Pricing/Denvery Information form. Any special information concerning delivery should also be included, on a separate sheet, if necessary. All items shall be shipped F.O.B. INSIDE DELIVERY unless otherwise stated in the specifications. This shall be understood to include bringing merchandise to the appropriate room or place designated by the using department. Every tender or delivery mf goods must fully comply with all provisions of these requvements and the specifications including time, denvery and quality. Nonconformance shall constitute a breach which must be rectified prior to expiration of the time for performance. Failure [o rectify within the performance period will be considered cause [o reject future dehveries and cancellation of the contract by Kerr County without prejudice to other remedies provided by law. Where delivery times are critical, Kerr County reserves the right to award accordingly. CONTRACT RENEWALS Renewals may be made ONLY by written agreement between Kerz County Commissioners Court and the offeror. Page S of 12 IIWOICES AND PAYMENTS Offerors shall submit an original invoice on each purchase order or after each delivery, indicating [he purchase order number. Invoices must be itemized. Any invoice, which cannot be verified by [he contract price and/or is otherwise incorrect, will be returned to the offeror for cmrrectian. Under term contracts, when multiple deliveries and/or services are requireA, [he offeror may invoice following each delivery and the County will pay on invoice. Contracts providing for a monthly charge will be billed and paid on a monthly basis only. Prior to any and all payments made for good and/or services provided under this contract, the offeror should provide his Taxpayer Identification Number or social security number as applicable. This information must be on file with the Kert County Auditor's office. Failure [o provide [his information may result in a delay in payment and/or back up withholding as required by [he Internal Revenue Service. TERMINATION Kerr County reserves the right to terminate the contract for default if offeror breaches any of the terms therein, including warranties of offeror or if the offeror becomes insolvent or commits acts of bankruptcy. Such right of termination ie in addition to and not N lieu of any other remedies which Kerr County may have N law or equity. Default may be construed as, but not limited to, failure to deliver the proper goods and/or services within the proper amount of [imq and/or to properly perform any and al( services required to Kert County's satisfaction and/or to meet xfl other obligations and requirements. Kerr County may terminatc the contract without cause upon thirty (30) days written notice. RECYCLED MATERIALS Kert County encourages the use of products made of recycled materials and may give preference in purchasing to products made of recycled materials if the products meet applicable specifications as [o quantity and quality. Kerr County will be the sole judge in determining product prffcrence application. SCANNED OR RE-TYPED RESPONSE If in its bid response, offeror either electronically scans, re-types, or in some way reproduces [he County's published bid package, then in event of any conflict between the terms and provisions of the County's published bid specifications, or any portion thereof, and the terms and provisions of the bid response made by offeror, [he County's bid specifications as pmblished shall control. Furthermore, if an alteration of any kind to the County's published bid specifications is only discovered after the contmct is executed and is or is not being performed, the contract is subject to immediate cancellation. FLOPPY DISK If offeror obtained the bid specifications on a floppy disk N order to prepare a response, the bid must be smbmilled is hard copy according [o the ins[mctions contained in this bid package. If, in its bid response, offeror makes any changes whatsoever [o the County's published bid specifications, the County's bid specifications as pub4ched shall control. Furthermore, if an alteration of any kind to the County's pub]shed bid specifications is only discovered after the contract is executed and is or is not being performed, the contract is subject to immediate cancellation. YEAR 2000 COMPLIANCE All products and/or services famished as paR of this contract must be year 2000 compliant. This applies to all computers including hardware and software as well as all other commodities with date sensitive embedded chips. Revised 11/00 Page 6 of IZ The following requirements and instructions supersede General Requirements where applicable. 1. Application Should this contract apply to other governmental entities, references to "Kerr County" and the "Kerr County Commissioners Court" may apply to one or more of the following: (The Ken County Juvenile Detention Facility, governed by the Kerr County Juvenile Detention Facility Corporation Board], (Adult Community Corrections and Supervision] and/or [Kerr County Juvenile Probation Department govemed by the Ken County Juvenile Board] 2. Bid Requirements Each bidder should submit as a bid this entire ITB, completed where necessary, for example, the ITB cover sheet, the Price Sheets, Residence Certification, etc. Use the envelope provided with the ITB, or a comparable one, clearly indicating on the outside the Job Number, lob Description, and mazked "SEALED BID." Ken County shall not be responsible for any effort or cost expended in the preparation of a response to this ITB. All protests should be coordinated through the Kerr County Auditor's Office prior to awazd recommendation to Commissioners Court. 3. Delivery If delivery is required, all items must be packaged so as to be protected from damage during shipping and handling. Any item(s) damaged in shipping must be replaced in kind or repaired by the contractor, at the discretion of, and at no additional charge to Ken County. 4. Payment Ken County will pay o~ invoices that clearly itemize the goods and/or services provided as to quantity, part number, description, price, applicable discount (if any), labor chazges showing time differential, if applicable and if previously agreed to, and delivery, installation, and set-up costs, if applicable and if previously agreed to. Only chazges as stated on the 1'rice/Delivery Information Sheet(s) submitted as a part of the bid will be considered. Invoices must indicate Kerr County, the address to which the product(s) and/or service(s) were delivered, and the applicable purchase order number. Invoices will be matched to delivery tickets prior to payment; therefore, ail delivery tickets should have an accurate description of the product(s) and/or service(s). Page 7 of 12 5. Usage Reports Kerr County reserves the right to request, and receive at no additional cost, up to two (2) times during the contract period, a usage report detailing the products and/or services furnished to date under a contract resulting from this TTB. The reports must be furnished no later than five (5) working days after written request and itemize all purchases to date by Kerr County department, description of each item purchased, including manufacturer, quantity of each item purchased, per unit and extended price of each item purchased, and total amount and price of all items purchased. xe~a ivao Page 8 of 12 Term Contract for Body Shop Repairs for Ken County. SCOPE The intention of this Kerr County Invitation to Bid (ITB) is to solicit bids for a term contract for body shop repairs, primarily for primarily for 1994-2001 Chevrolet Caprices, 1994-2001 Ford LTDs, 1999 and later models of Ford Taurus, 1989-1999 Ford pickup trucks and later model passenger cars, sheriffs patrol cazs, trucks and vans of other makes and later model passenger cars, sheriff's patrol cars, trucks and vans of other makes and models, as specified herein, and in the estimated quantities, for a period of one yeaz beginning approximately _, 200_. For information regarding the bid process, contact Glenn K. Holekamp, Kerr County Facilities Manager, at (830) 257-7393, or, for information relating to sheriffs department vehicles concerning the products and/or services described in this ITB, contact Sheriff W. R. Hierholzer, at (830) 896- 1216. DESCRIPTION The contractor shall perform body shop repairs/replacements to various passenger cars, sheriff's patrol cars, trucks and vans, primarily for 1994-2001 Chevrolet Caprices, 1994-2001 Ford LTDs, 1999 and later models of Ford Taurus, 1989-1999 Ford pickup trucks and later model passenger cars, sheriffls patrol cars, trucks and vans of other makes and models vehicles.. Services shall include spot painting, complete full body painting and restoration, application of emblems and striping, mechanical rebuilding, and frame straightening. Whenever possible, parts and labor calculations for the tasks required for the unit repaired shall be as per the latest "Motor's Crash Estimating Guide" (MCEG) and/or as quoted in the Pricing/Delivery Information Sheet of this ITB. The contractor shall use original manufacturer's body parts or their equivalent in these repairs. Bidder is to quote on the Pricing/Delivery Information sheet, the hourly labor billing rate ($/UM) for paint and body (pb) labor, mechanical (m) labor, paint and paint materials (pm), and frame (f) labor, as well as a plus (+) or minus (-) percent to be applied to the "Parts Prices" column in the MCEG. Further, these same hourly rates and percentages are to be applied to the attachment a Body Shop Sample Job, of this ITB and extended to show the "Total Bid" price of both parts and labor. Materials required for painting, such as thinners, reducers, rags, sanding products, body fillers and all other applicable materials, shall be included on the paint and paint materials (pm) line of the "Total Bid° column. Lowest bid will be determined by the pricing submitted on attachment a. It is expected that the majority of the units to be repaired will be sheriff's department vehicles, it is to be understood that minimum downtime is of utmost importance. Therefore, the bidder's ability, as perceived by Ken County, to perform the work required on a timely basis will be an important consideration for award of contract. Ken County may make multiple awards and place the units to be repaired with contractors on a case-by-case basis dependent upon expected time to complete service as well as quoted cost. Bidders' facilities may be inspected at any time by a Kerr County representative in the furtherance of that assessment. Page 9 of 12 PRICING/DELIVERY INFORMATION I. Pricing Matrix: Bidder should complete open boxes to right of double vertical lines. Item I Description iJM ( $/UM % I %MCEGto I 1 Paint and Body Labor (pb) hour Q,p ' "` '~ ~` ~P bor time as r MCEG 2 Mechanical Labor m hour , ~~ ° ~~ ° ~ .°` `~ ~ ~ ~ ` ` Labor time as r MCEG _ ,' / ~' ` ~' ~ '~ . 3 Paint & Paint Materials (pm) hour '' ''° • "' '~'~ •:R ". ~ ` , ~~. 4 Frame Labor (f) hour .3 ;C ~ ~ : ; ;,. ~..a,` : `"" ." :~~'" a ; ' 5 Parts Discount (to per MCEG) k A. =~;~, f no discount, show as 100% " % 6 Environmental & Shop Chazge `° Show as % of total cost before chaz a 3% 7 Vehicle Pickup and Delivery, from and Roun to the Ken County Locations listed in T ' ~~ ~, II. Pickup and delivery of vehicles will be from any of the following Kerr County locations. A. KERR COUNTY SHERIFF'S DEPARTMENT 400 Clearwater Paseo Kerrville, Texas 78028 , Mileage from bidder's shop: B. KERR COUNTY COURTHOUSE 700 Main Street Kerrville, Texas 78028 Mileage from bidder's shop: C. KERR COUNTY ANIMAL CONTROL FACILITY 3317 Loop 534 / Kerrville, Texas 78028 `// Mileage from bidder's shop: _ D. HILL COUNTRY YOUTH EXHIBITION CENTER 5001 San Antonio Highway (SH 27) Kerrville, Texas 78028 ~// Mileage from bidder's shop: Page 10 of 12 III. Cash Discount: Indicate cash discount available for payment of invoices, e.g., 2/15 means 2% discount off invoiced amount if paid within 15 days, 1/30 means 1 % discount if paid within 30 days: IV. Renewal Option: If requested by Kerr County Facilities Manager or, in the case of sheriffls department vehicles, Sheriff W. R. Hierholzer and approved by Ken County Commissioners Court, contractor agrees to the original contract, as amended from time to time, at the same terms, conditions, and p cing for the following periods: Renewal Year #1: ~ yes, no Renewal Year #2: yes, no. Renewal Year #3: yes, no Renewal Year #4: yes, no. Page 11 of 12 attachment a. Residence Certification Pursuant to Texas Government Code §2252.001 et seq., as amended, Kerr County requests Residence Certification. §2252.001 et seq. of the Government Code provides some restrictions on the awarding of governmental contracts; pertinent provisions of §2252.001 are stated below: (3) "Nonresident bidder" refers to a person who is not a resident. (4) "Resident bidder" refers to a person whose principal place of business is in this state, including a contractor whose ultimate pazent company or majority owner has its principal place of business in this state. ^ I certify that J ~ S t H 1 MT'v rJODt~J ~2EClC~l2 ~ a Resident Bidder of Texas as defined in [Company Name] Government Code §2252.001. ^ I certify that [Company Name] Code §2252.001 and our principal place of business is Revised I1/00 is a Nonresident Bidder as defined in Government [City and State] Page 12 of 12