Order No. 28166
APPROVAL TO REQUEST FOR PROPOSAL FOR PLUMBING, ELECTRICAL,
AND HVAC
On this the 14th day of July, 2003 upon motion made by Commissioner Letz and
seconded by Commissioner Nicholson, the Court unanimously approved by a vote 4-0-
0 to advertise for Request for Proposals for plumbing, electrical, and HVAC service for
the year 2003-2004 to be returned back at 9 A.M. on August 25, 2003 and bids to be
open at that time.
COMMISSIONERS' COURT AGENDA REQUEST ~ ~ f ~~
PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE
REVIEWED BY THE COURT.
MADE BY: Pat Tinley OFFICE: Coun Jud e
MEETING DATE: July 14, 2003 TIME PREFERRED:
SUBJECT: {PLEASE BE SPECIFIC)
Consider and discuss authorizing Request for Proposals for Plumbing, Electrical and HVAC
Services for FY 2003-04.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT:
County Jude
ESTIMATED LENGTH OF PRESENTATION:
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
SS I and 552, Government Code, is as follows:
Meeting scheduled for Mondays
THIS REQUEST RECEIVED BY:
THIS REQUEST RECEIVED ON:
5:00 P.M. previous Tuesday.

All Agenda Requests will be screened by the County Judge's OfFice to determine if adequate information has been
prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be
appreciated and contribute towards you request being addressed at the earliest opportunity. See Agenda Request Rules
Adopted by Commissioners' Court.
KERR COUNTY, TEXAS
NOTICE TO BIDDER
Sealed proposals addressed to the Commissioners' Court of Kerr County for
Will be received at the County Auditor's Office until M. on the day of
200_. Any Proposals received after closing time will be returned
unopened. Return sealed proposals to the County Auditor, Kerr County Courthouse, 700
Main, Kerrville, Texas 78028. Mark outside of envelope "PROPOSAL"
Additional proposal sheets and specifications may be picked up the Auditor's Office at
700 Main, Kerrville, Texas 78028.
To be opened on the day of , 200_ , at M. at
Kerr County Courthouse, County Commissioners Courtroom.
The County of Kerr does not discriminate on the basis of race, color, national origin, sex,
religion, age and disability in employment or the provision of services.
General Notice
7/2!03
KERR COUNTY, TEXAS
BID PROPOSAL
Date:
Bid Date:
Time:
Opening: Ken County Courthouse
Commissioners' Courtroom
Kerr County, Texas
Ken County Commissioners' Court
Ken County Courthouse
Kerrville, Texas
Gentlemen:
Pursuant to General Specifications listed below and/or attached, the undersigned makes the
following officer, F.O.B. Kerrville, Texas, with allowable exempt taxes (if applicable), having
been removed from bid price.
ITEM NO DESCRIPTION AMOUNT
Sealed proposals will be accepted by the Kerr County Commissioners' Court in accordance with
the attached specifications.
Deliver/Completion will be made on or before , 20 The
equipment will be new and will meet the general specifications.
KERB COUNTY COMMISSIONERS' COURT RESERVES THE RIGHT TO ACCEPT ANY
QUALIFIED BIL/PROPOSAL OR REJECT ALL BIDS/PROPOSALS.
Company:
By:
Title
Address:
Phone:
Fax No.:
NOTE: USE THIS FORM ONLY. ADDITIONAL INFORMATION MAY BE ATTACHED.
The County of Kerr does not discriminate on the basis of race, color, national origin, sex,
religion, age and disability in employment or the provision of services.
~~ Bea ~~~
7/02/03
STATE OF TEXAS
COUNTY OF KERB
subscribed to the following, who upon oath, says:
I am the Manager, Secretary or other agerrt or officer or the principal of the Bidder in the
matter of the bids to which this affidavit is attached, and I have full knowledge of the relations of
the Bidder with the other firms in this same line of business, and the Bidder is not a member of
any trust, pool or combination to control the price of supplies bid on, or to influence any person to
bid or not to bid thereon.
I further affirm that the Bidder has not given, offered to give, not intends to give at any
time hereafter any economic opportunity, future employment, gift, loan, gratuity, special
discount, trip, favor, or service to a public servant in connection with the submitted bid.
Affiant
SWORN TO AND SUBSCRIBED BEFORE ME by the above Affiant,
states that the facts contained in the above are true and correct, this
20
Notary Public
State of Texas
AFFIDAVIT
BEFORE ME, the undersigned authority, on this day personally appeared
lrnown to me to be the person whose name is
Name of Bidder:
Signed by:
(Sign Name in Writing)
Telephone Number:
who, on oath
day of _
(Title)
(Zip Code)
NOTE: BIDS NOT ACCOMPANIED BY THIS AFFIDAVIT WILL NOT BE
CONSIDERED.
The County of Kerr does not discriminate on the basis of race, color, national origin, sex,
religion, age and disability in employment or the provision of services.
Architectural Bid Proposal
7/02/03
BID ON REPAIR SERVICE WORK
FOR KERR COUNTY
The bid should be based on a labor cost per hour.
A truck, mileage and or travel time charge will not be allowed.
The bid shall be good for a one (1) year period of time, beginning
and ending
The bid shall not include any applicable taxes or fees.
Vendor must provide twenty-four (24) hour service.
Response time to an emergency problem must be within one (1) hour or less.
All licenses must be kept current during the time of this bid.
Bid must comply with all federal, state, county and local laws concerning the goods or services to
be supplies. Bidder may be required to furnish evidence that goods or services, as bid, will meet or
exceed these requirements.
Design, strength, quality of materials and workmanship must conform to the highest standards of
manufacturing and engineering practice or other applicable industry standards.
All products must be new and unused, unless otherwise specified, in first-class condition and of
current manufacture.
Vendor must be licensed by the State of Texas. A copy of the vendor and all employees' licenses
must be submitted with the bid.
Vendor must be insured and provide a copy of their current insurance with the bid. All
insurance policies must show Ken County as the Certificate Holder. Insurance is to include, but
not limited to:
Worker's Compensation Statutory
General Liability $1,000,000/$1,000,000/$500,000
Auto Liability $100,000/$500,000/$100,000
Vendor must accept, fill out, and return with the bid, the Texas Waiver of Our Right to Recover
from Others Endorsement and Held Harmless Attachments to this bid.
Vendor will be required to execute current Master Service Agreement between Ken County and
Vendor, as Independent Contractor, for work to be performed in connection with bid.
The bid must be returned in a sealed envelope, by M., on the day of
200
Marked
to Kerr County Auditor's Office, 700 Main, Kerrville, Texas 78028.
Bid evaluation shall be based on but not limited to the following factors: cost of product and
equipment, parts and product availability, warranty provisions, delivery, local service, experience
and financial status of the vendor and Ken County's special needs and requiremerns.
Any questions should be addressed to by telephone at
** Required materials that have been previously submitted, such as insurance, licenses,
waiver to recover, held harmless, etc., which are kept currerrt and are on file with Kerr
County do not have to be resubmitted with the bid.
Kerr County reserves the right to accept any qualified bid, or any part of any bid, or to reject any
or all bids.
The County of Ken does not discriminate on the basis of race, color, national origin, sex, age and
disability in employment or the provision of services.
Bid on Repair Service Work
'7/02/03
BID ON PLUMBING REPAIR SERVICE WORK
FOR KERB COUNTY
NOTE: Use this form for the bid. Additional information may be attached. Submission of
a bid notes that the vendor certifies agreement to all the specifications and
conditions.
Total Repair Cost above $100.00 must have the Building Maintenance Supervisor's approval. We
also reserve the right to price parts separately.
Installations are subject to review and are not automatically included in this bid.
REGULAR WORKING HOURS:
PLUMBER CHARGE PER HOUR
HELPER CHARGE PER HOUR
OVERTIME WORKING HOURS:
PLUMBER CHARGE PER HOUR
HELPER CHARGE PER HOUR
WEEKEND WORKING HOURS:
PLUMBER CHARGE PER HOUR
HELPER CHARGE PER HO
HOLIDAY WORKING HOURS:
PLUMBER CHARGE PER HOUR
HELPER CHARGE PER HOUR
CHARGE FOR COMPONENTS, REPAIR PARTS, AND SUPPLIES:
ACTUAL COST PLUS
WARRANTIES:
MATERIALS/PARTS.
LABOR
COMPANY NAME ADDRESS PHONE NUMBER
SIGNATURE AND TITLE
DATE
Bid on Plumbing Repair service Work
7/02/03
BlD ON ELECTRICAL REPAIR SERVICE WORK
FOR KERR COUNTY
NOTE: Use this form for the bid. Additional information may be attached. Submission of
a bid notes that the vendor certifies agreement to all the specifications and
conditions.
Total Repair Cost above $100.00 must have the Building Maintenance Supervisor's approval. We
also reserve the right to price parts separately.
Installations are subject to review and are not automatically included in this bid.
REGULAR WORKING HOURS:
ELECTRICIAN CHARGE PER HOUR
HELPER CHARGE PER HOUR
OVERTIME WORKING HOURS:
ELECTRICIAN PER HOUR
HELPER CHARGE PER HOUR
WEEKEND WORKING HOURS:
ELECTRICIAN PER HOUR
HELPER CHARGE PER HOUR
HOLIDAY WORKING HOURS:
ELECTRICIAN CHARGE PER HOUR
HELPER CHARGE PER HOUR
CHARGE FOR COMPONENTS, REPAIR PARTS, AND SUPPLIES:
ACTUAL COST PLUS
WARRANTIES:
MATERIALS/PARTS
LABOR
COMPANY NAME ADDRESS PHONE NUMBER
SIGNATURE AND TITLE DATE
Bid on Electrical Repair service Work
7/02103
KERB COUNTY shall not be liable or responsible for, and shall be saved and held
harmless by (Vendor Name) from and against any
and all suits, actions, losses, damages, claims, or liability of any character, type or
description including any claim for subrogation by any insurance carrier, and all expenses
of litigation, court costs, and attorney's fees for injury or death to any person, or injury to
any property, received or sustained by any person or persons or property, arising out of,
or occasioned by, directly or indirectly, the performance of
(Vendor Name) under this agreement, including claims and
damages arising in whole or in part from the negligence of KERR COUNTY.
It is the expressed intent of the parties to this Agreement that the indemnity provided for
in this section is an indemnity extended by
Vendor Name) to indemnify and protect KERB COUNTY from the
consequences of KERB COUNTY's own negligence, whether the negligence is the sole
or contributory cause of resultant injury, death or damage.
~a~;ty v~um~
7/02/03
MASTER SERVICE AGREEMENT
This Agreement entered into as of _ day of , 20 , by KERB COUNTY
("County") and ("Independent Corrtractor").
In consideration for the mutual promises contained herein, and other good and valuable
consideration, the receipt of which is hereby acknowledged, the parties agree as follows:
I. PERFORMANCE OF WORK
This Agreement shall apply to all services and goods provided by Independent Contractor to KERB
COUNTY whether presently in progress or furnished from time to time in the future. Independent
Conmactor shall diligently perform all work in a skillful and workmanlike manner.
II. COMPENSATION
Independen Contractor shall be entitled to such compensation as specifically authorized by KERB
COUNTY in writing, which may be in the form of a contract, purchase order, work authorization or other
written document. There shall be no increase in the compensation unless authorized by KERB COUNTY in
writing.
III. WARRANTIES
Independent Contractor shall perform all work with due diligence, in a good and workmanlike
manner and in accordance with specifications provided by KERB COUNTY or in the absence of such
specifications, generally accepted professional standards, and, where applicable, standards imposed by law
for comparable or similar services. Independent Contractor warrants that the goods delivered under this
Agreement will conform to the specifications provided by KERB COUNTY, if any, and that the goods will
be merchantable, of good workmanship and material, free from defect and fit for their intended purpose.
Except as otherwise specifically agreed, Independent Contractor shall provide all labor and skills, and all
equipment, machinery, materials, and supplies necessary for the performance of such work.
IV. INDEPENDENT CONTRACTOR
In performing services or furnishing goods under this Agreement, Independent Contractor shall act
at all times as an Independent Contractor. Independent Contractor shall not make any commitment or incur
any charge or expense in the name of KERB COUNTY. Independent Contractor expressly agrees,
acknowledges and stipulates that neither this Agreement nor the performance of its obligations or duties
there under shall ever result in Independent Contractor, or anyone employed by Independent Contractor,
being: 1) an employee, agent or representative of KERR COUNTY; or 2) entitled to any benefits from
KERB COUNTY, including, without limitation, pension, profit sharing or accident insurance or health,
medical, life or disability insurance benefits or coverage, to which employees of KERR COUNTY may be
entitled. KERB COUNTY shall have no direction or control of Independent Contractor or its employees
and agents except in the results to be obtained. The actual performance and superintendence of all work
shall be by Independent Contractor, but such work shall meet the approval of KERR COUNTY.
V. INSURANCE
Independent Contractor shall at all times during the term of this Agreement at Independen
Contractor's sole expense carry such insurance as may be reasonably requested by KERB COUNTY,
including, but without limitation, the following types and limits:
Master Service Ageement
7/02/03
Automobile
$500,000.00 each accident Combined Single Liability
$500,000.00 each accident Uninsured/Underinsured Motorists Combined Single Liability
All owned, non-owned, hired and all vehicles used by Independent Contractor with a combined
single limit of $500,000.00, covering personal injury (including bodily injury and property damage.)
Commercial and ComQrehensive Liability
$1,000,000.00 General Aggregate
$1,000,000.00 Products/Completed Operations Aggregate
$1,000,000.00 PersonaUAdvertising Injury
$1,000,000.00 Each Occurrence
Worker's Compensation Insurance
Part A Texas Statutory Medical, Indemnity, AD & D
Part B Employers Liability
100,000 Per Person Per Accident
100,000 Per Person Per Disease
500,000 Policy Aggregate -Disease
Any subcontractors of the undersigned Independent Contractor shall be required to maintain similar
type insurance with similar type limits. KERB COUNTY shall be named as an additional insured on all
policies where available and Certificates of such insurance shall be furnished by Independent Contractor and
any subcontractors where applicable to KERB COUNTY. The types of coverage or limits may be modified
only by written agreement between KERB COUNTY and Independent Contractor.
VI.
INDEPENDENT CONTRACTOR SHALL PROTECT, DEFEND, INDEMNIFY AND
HOLD HARMLESS KERR COUNTY AND ITS REPRESENTATIVES, OFFICERS, DIRECTORS,
AGENTS, EMPLOYEES, COUNTY COMMISSIONERS, AND COUNTY JUDGES, ETC., FROM
AND AGAINST ANY AND ALL CLAIMS, DEMANDS AND CAUSES OF ACTION ASSERTED BY
ANY PARTY (INCLUDING, BUT NOT LIMITED TO, EMPLOYEES OF INDEPENDENT
CONTRACTOR AND KERR COUNTY) THAT ARISE OUT OF OR ARE RELATED TO WORK
AND ARE CAUSED BY OR ARISE OUT OF INDEPENDENT CONTRACTOR'S NEGLIGENT
ACTS OR OMISSIONS OR WILLFUL MISCONDUCT AND RESULT IN PERSONAL INJURY
(INCLUDING BODILY INJURY), ILLNESS, DEATH OR PROPERTY LOSS OR DAMAGE, OR
ANY CIVIL FINES OR PENALTIES IMPOSED BY ANY GOVERNMENTAL AGENCY,
OFFICER,
OR COURT OF LAW.
VII. WAIVER OF SUBROGATION
Independent Contractor hereby waives any and all rights to recover against KERB COUNTY
(including KERB COUNTY'S representatives, County Commissioners, officers, partners, employees, agents,
customers, and invitees) for any loss or damage arising from any cause covered by any insurance required to
be carried by Independent Contractor pursuant to this Agreement or any other insurance actually carried by
Independent Contractor. Independent Contractor shall cause its insurer to issue appropriate waiver of
Subrogation endorsements to all policies of insurance carried in connection with this Agreement.
Master service ABreanent
7!02/03
VIII. VENUE
This Agreement is be construed under the laws of the State of Texas and all obligations of
the parties created by this Agreement are performable in KERB COUNTY, Texas.
IX. PRIOR AGREEMENTS SUPERCEDED
This Agreement constitutes the parties sole agreement and supersedes any prior
understandings or written or oral agreements between the parties with respect to insurance or
indemnification. This Agreement does not waive any terms or conditions with respect to prior
contracts, bids, purchase orders, requests for proposals (RFP), except with regard to the insurance
rcquirements and indemnification.
X. AMENDMENT
No amendment, modification or alteration of this Agreement is binding unless in writing
dated subsequent to the date of this Agreement and duly executed by all parties hereto.
XI. TERMS
Either party may cancel this agreement by providing written notice to the other party thirty
(30) days prior to cancellation.
XII. CONFIDENTIALITY
Independent Contractor shall treat as confidential and shall not, without KERB
COUNTY'S prior written consent, divulge to any third-party or, except to the extent necessary for
performance hereunder, make any use of any of KERB COUNTY'S proprietary technical
information which is disclosed or made available to Independent Contractor by or on behalf of
KERB COUNTY.
XIII. GENERAL PROVISIONS
KERB COUNTY reserves the right to enforce the performance of this contract in any
manner prescribed by law or deemed to be in the best interests of KERB COUNTY in the event of
breach or default of this contract. KERB COUNTY reserves the right to terminate the contract
immediately in the event Independent Contractor fails to: (1) meet delivery, performance or
completion schedules, or (2) otherwise perform in accordance with this contract or the
specifications. Breach of contract or default authorizes KERB COUNTY to award to another
bidder or purchase the goods and/or services elsewhere and charge the full increase in cost and any
additional related fees or expenses incurred to Independent Contractor.
No waiver by either party of any one or more defaults by the other party in the
performance of this Agreement or any contract hereunder shall operate or be construed as a waiver
of any future default or defaults by the same party, whether of a like or different character.
It is intended that if any provision of this Agreement is unenforceable for any reason, it
shall be adjusted rather than voided, if possible, in order to achieve the intent of the parties. In any
event, all other provisions of this Agreement shall be deemed valid, binding and still enforceable.
Master Service Agreement
7/02/03
In the event that either party commits any material breach of this Agreement including,
without limitation, any breach of any indemnification obligation, in addition to any other remedy
that the aggrieved party may have, at law or in equity, it shall be entitled to recover all costs,
including court cost and attorney's fees, incurred in any proceeding wherein the agreed party seeks
redress for such breach.
This Agreement and any contract hereunder shall not be considered exclusive contracts.
KERB COUNTY shall have the right to hire others to perform the same or similar work.
KERR COUNTY
BY
INDEPENDENT CONTRACTOR:
Master Service Agreemeiri
7/02/03