ORDER NO. 28233 REFER BIDS On this the 25th day of August, 2003 upon motion made by Commissioner Letz Seconded by Commissioner Williams, the Court unanimously approved by a vote of 4-0-0, to refer bids for Electrical Plumbing and HVAC (Air condition, Heating) to the maintenance department for inspection and to bring back to the Court at a later date. v-'7 \\ ~ L tJ ~. COMMISSIONERS' COURT AGENDA REQUEST 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: August 25, 2003 TIlVIE PREFERRED: SUBJECT: (PLEASE BE SPECIFIC) Consider and discuss opening proposals for Electrical, Plumbing and HVAC (Air Condition, Heating) as advertised in paper. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: ESTIMATED LENGTH OF PRESENTATION: IF PERSONNEL MATTER -NAME OF EMPLOYEE: Countv Jud,,.ge 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 THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: 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. 5:00 P.M. previous Tuesday. KERB COUNTY, TEXAS NOTICE TO BIDDER Sealed proposals addressed to the Commissioners' Court of Kerr County for: Electrical 2. Plumbing 3. HVAC (Air Conditioning, Heating) Will be received at the County Auditor's Office unti19:00 A.M. on the 25~` day of August, 2003. 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- ELECTRICAL", "PROPOSAL- PLUMBING" or "PROPOSAL-HVAC". Additional proposal sheets and specifications may be picked up the Auditor's Office at 700 Main, Kerrville, Texas 78028. To be opened on the 25`l` day of August 2003, at 10:00 A.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 Kerrville Daily Times Weekend Sunday, July 26-2?, 2003 tt. NALIC ~.... addressep~d toy the Commissioners' Court of Kerr County for: i . Electrical 2. Plumbing 3. HVAC (Air Cond- itioning, Heating) Will be received at ttira Cgtmty Auditor's Office until 9:00 A.M. on the 29th day+®fiAugust;~ 2003. Any Proposals received after closing time wilt be returned unopened. Return sealed Proposals m the County Auditor, Kerr County fourlhous®, 700 Main, tterrviMe, Texas 78028. 2. AU9LIC NOTICE Mark outside of ern~ope PROPOSAL-ELEC- TRICAL", "PROPOSAL- PLUMBING" or "PROPOSAL-HYAC. Additional propc~al. sh•ets snd - twns rnay~bs picked up at the Auditor's Office st 700 Main, Kerrville, Texas 78028. To be openeif on #te 2Bth day of August 2003, at 10:00 A. Nl. at Kerr Coun~Court house, ounty Commissioners Courtroom. The4Gountx ~:_tClrt does not discrirttinlt~ on the b,gijplpe, color, national wigin, sex, religion, a~ and or the prov sion of services. ~/~`"""" IAL BLVD. 21p4 MEMOR S 78028 KERRVILLE, TEXA -~« P o SAS i.. t.' /1 ~:~ ~a~~ ~ 2~~73 c~ Y\~ KERB COUNTY, TEXAS BID PROPOSAL Bia Dater -Z s- 03 Time: `I ~ C30 A-v~ Opening: Kerr County Courthoue Commissioners' Courtroom Kerr County Teams Kerr County Comtnissio~ers' Court Kerr Cou~oRy Courthouse Kerrville, Texas Gentlemen: Pursua~ot to General Specafi lisood below sadJor attached, the ~mder~signed malaes the following officxr, F.O.B. Kerrville, Texas, with allowable exeanpt tares (if applicable), havigg been removed from bid price. ITEM NO. DESCRIPTION AMOUNT ~CO PuSA I - ~Iv~ti1~,r1 ~p;N1~~na-~~~ Sealed proposals will be accepted by the Kerr Caudy Commissioners' Cain in accordance with the attacLed ~. Deliver/Campletionwtll be made an ~ bei~+e ~ ~ Z. ~ 20 ~ 3. The equipment will be new and will meet the general specaficatioass. KERR COUNTY COMMISSIONERS' COURT RESERVES TILE RIGHT TO ACCEPT ANY QUALII~7ED BIIJPROPOSAL OR REJECT ALL B~DS/PROPOSALS. Y '~ By: ~2An µ~~P+' Title s ~,~~, ~E n~N~ Address: ~.10~- `i`(12m b1.%GS f~UC~ Ko~~ry~la2.. Tn 1~~~ Phone: ,g ?~ - `69 to - x.10 5 Fax No.: ~ - a 5~ - al Z~ NOTE: USE THIS FORM ONLY. ADDITIONAL INFORMATION MAY BE ATTACHED. The Carly of Kerr does not discriminate an the basis of race, Dolor, national origin, sex, religicr,, age and disability in employment or the provision of services. c~ aia n~o..t ~~ KERB COUNTY shall not be liable or responsible for, and shall be saved and held harmless by l~jgQ (~,n~ ~mb,n ~ ~ ~c_ . (~i~endor Named from and against airy and all suits, actions, losses, damages, claims, or liability of any character, type or description including any claim for subrogation by auy insurance carrier, and all expenses of litigation, court costs, and attorney's fees for injury or death to any persoq or injury to a~ property, received or sustained by say person or persons or property, arising out o~ or occasioned by, directly or indirectly, the performance of 1, ~a9c~,~um b. ~~.` . ~`C.~ fVeodor Named under this agreennent, including claims and damages arising in whole or in part from the negligence of KERB COTJNTY. It is the expressed intent of the parties to this Amt that the indemnity provided for in this section is efl indemnity eMtended by ~~~ 11C`CI~~Y~~'f~C~, ~Veador Named to indemnify and protect KERB COiTN'1'Y from the consequences of KERR COUNTY's own negligence, whether the negligence is the sole or contn'butory cause of resultant injury, death or damage. ~r ~+~ ~ro~ STATE OF TEXAS ~ COUNTY OF KERB ~ AFFIDAVIT BEFORE ME ~ aac~rsigned awho~ity, m this daY p«sooally appearod r~ tZ known to me to be the pecsan wlw®e name is subscn'bed to the following, who oath, says: I am the Maloager, Seery or other agent or officer or the principal oaf the Bidder in the a of the bids t,D which this affidavit is attached, and I have full lmo~vladge oI the rdatioos of the Bidder with the other firms in this same line of business, and the Bidder is not a member of any gust, pool oc ooonbinaRim to oooRrol the price of supplies bid m, err to influence any person m bid err not to bid thereon. I further affum that the Bidder has not given, off+erod to give, not intends to give at any time hereafter any opY~ fiitum ~PIoY~~ ~ 1~ BAY. disoorzaR, trip, favor, or service to a public servant in coonectim with the submitted Affia~rt SWORN TO AND SUBSCRIBID $EFORE ME by the above Affisnt, who, m oath states that the fhCts contained in the above are true and oorrod, this 22 day of _ 20 G3 . +f:C'm'~%= KATHI J, KUYKENDALL ~''~~'' MY COMMISSION EXPIRES / //n,, C, /f =."a, ~~ November 29, 2005 ! ~-('i~~ -y Notary State of Texas Name of Bidder. . ~ ~l p +'y ~ V ~'h jJV n ~ C©...~'r ] C, Sigoedby. ~L~o MI©c~~,2 ~ 2~~c~ MANAc~~F (Sim Nems a (TW Address: ~l©y lY~ema~.;r~L ~c?r~v~(iE ix 780Z~ Telephone Number: ~3~3 ~ £~ q h - Z ICES ~) Dame: ~ Z2 3 NOTE: BIDS NOT ACCOMPANIED BX THIS AFFIDAVIT WII.L NOT BE CONSIDERED. The County of Kerr does not discrinniname m the basis of race, color, national origin, sex, religim, age and disability in employmaflt oc the provisim of services. At~davs ~ro~ BID ON PLUMBING REPAIIt 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. Iota! Repair Cost above $100.00 must have the Building Maintenance Supernsor's approval. We also reserve the right to price parts separately. Installations are subject to review and aze not automatically included in this bid. REGULAR WORKING HOURS: ~~' L'~O ~_~~ - S ~ ~^ ~^~ t'r v ~ PLUMBER CHARGE PER HOUR `~ ~ 5 ~ HELPER CHARGE PER HOUR 2 ~ ~ ~ OVERTIME WORKING HOURS: PLUMBER CHARGE PER HOUR ~~O ~~- S HELPER CHARGE PER HOUR ~ ~ ` i3 SAT - SV N WEEKEND WORKING HOURS: PLUMBER CHARGE PER HOUR ~~O' Z ~ HELPER CHARGE PER HOUR ~3-. ~3 ~PSiEIZ,Th~Nks~~~~~~5 , LA3O(~pAy, ~4"1EMor,nl opy, HOLLDAY WORKING HOURS: So iy ~~ ~ , NQw v~~r~s PLUMBER CHARGE PER HOUR `C~(p • Z S HELPEK CHARGE PER HOUR ~ 3 < < 3 __ CHARGE FOR COMPONENTS, REPAIIt PARTS, AND SUPPLIES: ACTUAL COST PLUS 3~ .. WARR.AN'I'IES: ~ O ~A' S 6V~ ~ e A. f S f ~-- Y Ela2 ~0 2 N~U1 F, k f ~rc.r MATERIALS/PARTS Y Q LABOR SAME !~S ~~~~ ~ ~1~~~ r ~~~,,b, ~~ a~c,t COMPANY NAME ADDRESS ,~ ~~ S~R~I~Ce n'li~niA S A AND TITLE Yne~MOr~~~L ~3~-~~~~-zto5- PHONE NUMBER ~ -z~-~3 DATE ~;a ~ r~umb;ng R~pxir ~;~ wow 7/02/03 MASTER SERVICE AGREEMENT This Agreement entered into as of Z S day of Av ~ uS '~ , 20 0 3 , by KERR COUNTY ("county's and ~ h e 1 » N ~l ~ b; -`~~ ("Independent Caatrac~or"j. 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 Agreezneffi shall apply to all services and goods provided by Independent Contractor to KERB COUNTY whether presently in progress or fiuniished frorr- time to time in the future. Int Contractor shall diligently perform all work in a skillful and worlQnanlike manner. II. COMPENSATION Independent Contractor shall be entitled to such connpensation as specifically authorized by KERB COUN'T'Y in writing, which may be in the form of a contract, purchase order, work authorization or other written docrurreat. There shall be no increase in the compcesation unless authorized by KERR CO[JIVT'Y in ITT. wAItRANTIES Independent Contractor shall perform all work with due diligence in a good and wa~rnanlike manner and in accordance with specifications provided by KERB COiJIVT'Y or in the absence of such specifications, generally accepted professional standards, and, where applicable, standards imposed by Taw for comparable or similar services. Indent Contractor wanarrts 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, Indt Contractor shall provide all labor and skills, and all ~P, ~Y, materials, and supplies necessary for the perforrnaace of such work. TV. INDEPENDENT CONTRACTOR In perfornring services or firrnishing goods under this Agreement, Inert Contractor shall act at all times as an Independent Contractor. Independent Contractor shall not make arty t or incur any charge or expense in the name of KERB COiJNT'Y. Independe~ot Contractor expressly agrces, aclanowledges 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 KERB COUNTY; or 2} entitled to any benefits fronn KERB COUNTY, including, without linnitation, Pension, Profit sharing or accident insurance or heahh, medical, life or disability insurance benefits or coverage, to which employees of KERB COUNTY may be entitled. KERB COUNTY shall have no direcGia~n or control of Independent Contractor or its employees and agents except in the results to be obtained. The actual perfomnce and supe~intendeace of all work shall be by Independent Contractor, but such work shall meet the approval of KERB COUN'T'Y. V. INSURANCE Independe~ Contractor shall at all times during the term of this Agrecmezvt ai Independent Contractor's sole expense carry such insurance as may be reasonably requested by KERB COUNTY, including, but without limitation, the following types and limits: s~ a~ ~roaros $500,000.00 each accicle~t Combined Single Liability $500,000.00 each accident U ' Motorists Cambinad Single Liability All owned, non-0wned, hired and all vehicles used by Indepe~nt Contractor with a combined single limit of $500,000.00, covering personal injury (including bodily u-.1m3' ~ Pr'oP~Y •) Commercial and Comnreheasive Liability $1,000,000.00 General Agg~te $1,000,000.00 Froducts/Campleted Operatioais Aggregate $1,000,000.00 Perso®al/Advertising Injury $1,0()0,000.00 Each Occurrence Worker's Caanpensation Part A Texas Statutory Medical, Indemnity, AD 8c 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 fiunished by Independent Contractor and any subcontractors where applicable to KERB COIJNT'Y. The types of coverage or limits may be modified only by written agreement between KERB COUN'T'Y and Independent Contractor. VI. INDEMNITY INDEPENDENT CONTRACTOR SHALL PROTECT, DEFEND, INDEMNIFY AND HOLD HARMLESS KERR COUNTY AND ITS REPRESENTATIVES, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, COUNTY COMMISSIONI';RS, 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 KERB 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 WII.LFUL MISCONDUCT AND RESULT IIv PERSONAL INJURY (INCLUDING BODILY INJURY), ILLNESS, DEATH OR PROPERTY LOSS OR DAMAGE, OR ANY CIVIL FINES OR PENALTIES IIVIPOSED BY ANY GOVERNMENTAL AGENCY, OFFICER, OR COURT OF LAW. VII. WAIVER OF SUBROGATION Inde'pendeut Contractor hereby waives any and all rights to recover againsrt 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 Agreeanent or any other insurance actually carried by Inert Contractor. Ir~ependent Contractor shall cause its insurer to issue appropriate waiver of Subrogation endorsennents to all policies of insurance carried in connection with this Agreement. ~ s~ agreeu~mc 7/0?J03 VIII. VEN This Agreetnaat is be construed under the laws of the State of Texas and all obligations of the parties created by tins Agreemient are performable in KERB COUNTY, Texas. IX. PRIOR AGREEMENTS SUPERCEDED This Agreecneat oonstidites the parties sole agreement and supercedes any prior' understandings or written or oral amts between the parties with respect to insurance or iadearmification. This Agreemeaot does not waive any terms or c~ndi~ions with respect to prior contracts, bids, purchase orders, requests for proposals (RFP), except with regard to the insurance requireseats aml indemnification. X. AMENDMENT No amen, modification or aheration of this Agreeirrart is binding unless in writing dated subsequent to the date of this Agreement and duly executed by all parties hereto. XI.~~RM Either party may cancel this agreement by providing written notice to the other party thirty (30) days prior to cancellation. XII. CONFIDENTIALITY ~ Contractor shall treat as confidential and shall not, without KERB COiJN'TY'S prior written consenR, divulge to any third-party or, except to the extent necessary for perfornance hereunder, make any use of any of KERR 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 COIJN'I'Y reserves die right to enforce the perfornance of this cantiract 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 ooatrad immediately in the evert Independent Conbador fails to: (1) meet delivery, performance or c~notpletion schedules, or (2) otherwise Perform in accordance with this contract or the specifications. Breach of coraract or default authorizes KERB COUNTY to award to another bidder or purchase the goods and/or services elsewhere and charge the full increase is cost and nay additional related foes 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 t~ntract hereunder shall operate or be construed as a waiver of arty future defauh or defaults by the same party, whether of a like or different character. It is intended that if any provision of this Agreearrent is unenforceable for any reason, it shall be adjusbod rather than voided, if possible, in order to achieve fire intent of tht: parties. In arty event, all other provisioars of this Agreement shall be deemed valid, binding and still eaforceabk. Master servioe,e-gieemeat 7!'OZ/03 In the event that either party oarnmits any nnaterial breach of this Agre~rt including, without limitation, an}+ 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 couR cost and attorney's fees, incurred in anY P vvherem ~ PAY seeks redress for such breach. This Agreement and any condrad 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 `\ IN/DEP ENT CONTRACTOR: / l l ~z ~n~+~~ ~~~PP~ - ~; h~ I~-~ ~i~t~b~~s ~s~ 7/0?J'03 ~~ .. ~, . 23 2003 ~~ ~(6rrVy11E-,n1g95` 1 App~~pR COUNj COURTY COOR~MOUS~ R 700 MAI ~p.~TX 7$p28 ~ERR~~,L E~EC~RICA` pROpOSA~ '_ ~~~,~~ ~ ~ aa~ ~~ `vt ~ ~~ - ~~ ~. ~~ ~u~. ,,.-,°~ KERR COUNTY, TEXAS BID PROPOSAL ~: July 21, 2003 BidDate:Au ust, 25 2003 Time: 1 Opening: Kerr Couniv Courthouse Commissioners' Courtroom Kerr County Texas Kerr County Commissioners' Court. Kerr County Courthouse Kem~ley Texas Pursuant to C~eaec-al Speons listed below and/or attached, the ~mdersigood maloes the following officer, F.O.B. Kexrvil1e, Texas, with allowable racc~opt taxes (if applicable), ~~g been removed from bid price. TTFMNn DESCRIPTION -ELECTRICAL SERVICES AMOUNT Conduit/Wiring/Devices Fixtures/Fittings/Trenching Aerial Truck Sealed proposals will be acoeptod by the Kerr Conroy Commissionus' Court is accordance with the attached ~. Deliv~et/Co~letion v~ill be made on oar be6ore . 20 T'he equipme~ will be new and will road the general spocifications. KERB COUNTY COMMISSIONERS' COURT RESERVES THE RIGHT TO ACCEPT' ANY QUALIFIED BIIJPROPOSAL OR REJECT ALL BmS/PROPOSALS. Company. GUADALUPE ELECTRIC By; John M. Flowers rest en ~~ ~~: 2800 Peddler K~rrvi e, 028 Phone: (830)895-2148 (24hrs) FaxNo.: (830) 895-2100 Email wewireu@ktc.com NOTE: USE THIS FORM ONLY. ADDITIONAL INFORMATION MAY BE ATTACIB;D. The Coemdy of Kerr does not discriminate oa the basis of race, color, national origin, sex, religiaa, age and disability m employment or the provisiad of services. (raced Hid Avpont ~roya3 KERB COIINTY shall not be liable or responsible for, and shall be saved and held harmless by G u a d a 1 u u E l e c t r i c_, Inc . (Vendor Name) from and against a~ 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 airy persoq or injury to any property, received or sustained by any person or persons or property; arising out oi', or occasioned by, directly or indirectly, the performance of G u a d a l u g e Electric , Inc . ('Vendor Name) under this agreement, including claims and damages arising in whole or in part from the negligence of KERB COZTNTY. It is the expressed intent of the parties to this Agreement that the indemnity provided for in this section is an indemnity ceded ley Guadalupe Electric , Inc . {Vendor Name) to indemnify and protect KERR COUNTY from the consequences of KERR COUNTY's own negligence, whether the negligence is the sole or contn'butory cause of restiltant injury, death or damage. Iod.®ay nco~ ~~ STATE OF 'TEXAS ~ AFF'IDAVTT COUNTY OF KERR $ BEFORE ME, the nodersigned autboriiy, an this day pasaoally appeamd John M . Flower s President ,~ ~ C~ u a d r~ l~ u d e ~ E ~b e c t >r i~ c ~ l ~ ~OVVn to me m be the persm who®e name is subscnbod to the Sollovving. who upon oath, says: I am the Ma:wger, Secreta>; ~Y, ~~ and supplies necessary for the performance of such work. IV. Tn performing services or furnishing goods under this Agreement, Independent Contractor shall ad at all times as an Independent Contractor. Indt Contractor shall not make any oomrnitment or incur any charge ar expense in the name of KERB COUN'T'Y. Independe~R Contractor expressly agrees, acknowledges and stipulates that neither this Agreement nor the performance of its obligations or duties there under shall ever result in Independerrt Contractor, or anyone employed by Indtt Contrailor, being: 1) an employee, agent or representative of KE1tR COUNTY; or 2) entitled to a~ benefits fin®n KERR COUNTY, including, without limitation, pension, profit sharing or accident insurance or health, medical, life or disability insurance benefits or coverage, to which employees of KERB COUNTY may be entitled. KERB COUNTY shall have no direction or control of Indepeadeirt Contractor or its employees and agents except in the results to be obtained. Tlhe actual performance and superintendence of all work shall be by Intent Contractor, but such work shall meet the approval of KERB COUNTY. V. INSURANCE Ind Contractor shall at all times during the term of this Agreement at Independent Contractor's sok expense carry such insurance as may be reasonably requested by KERB COi)r1TY, including, but without limitation, the following types and limits: service Agteeuimc 7/bZ/03 Automobile $500,000.00 each accident Combined Single Liability 5500,000.00 each accident Uninsured/Underinsured Motorists Combined Single Liability All owned, non~wned, hired and all vehicles used by Independent Contractor with a combined single limit of $500,000.00, covering personal injury (including bodily ~j~y ~ ProP~y •) Commercial and Camnrehensive Liability $1,000,000.00 General Aggregate $1,000,000.00 Products/Completed Operations A~regate $1,000,000.00 PersonaVAdverbising Injury $1,000,000.00 Each Occurrence Worker's Compensation Insurance Part A Texas Statrrtory Medical, Indemnity, AD & D Part B Employers Liability 100,000 Per Person Per Accid~t 100,000 Per Person Per Disease 500,000 Policy Aggregate -Disease Aay subcontractors of the urxlersigned Independent Contractor shall be required to maintain similar type insurance with similar type limits. KERB COUN'T'Y shall be named as an additional insured on all policies where available and Certificates of such insurance shall be furnished by Tndepeadeat Contractor ark any subcontractors where applicable to KERR COUN'T'Y. The types of coverage or limits may be modified only by written agreement betwees- KERB COUN'T'Y and Indepe~R Contractor. VI. INDEPENDENT CONTRACTOR SHALL PROTECT, DEFEND, INDEMNIFY AND HOLD HARMLESS KERB 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 KERB 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. WAIVERQF SUBROGATION Independent Contractor hereby waives any and all rights to recover against KERB COUNTY (including KERB COiJNTY'S representatives, County Commissioners, officers, partners, employees, agents, customers, and invitees) for any loss or damage arising horn any cause covered by a~ insurance required to be carried by Indt Contractor pursuant to this Agreement or nay ether insurance actually carried by Independent Contractor. It Coatrador shall cause its insurer to issue appropriate waiver of Subrogation endorsements to all policies of insurance carried in coane~ioa with this Agreement. Masts service Affieeits~ Provos VIII. VEN JE 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. 1X. PRIOR AGREEMENTS SUPERCEDED This Agreement constitutes the parties sole agreement and supersedes any Prior understandings or written or oral agreemems betvveen the parties with respect to insurance or indemnification. This Agreement does not waive any terms or ooaidrtions with respect to prior contracts, bids, purchase orders, requests for Proposals (REP), except with regard to the insurance requirements and indeainificatioa. X. AMENDMENT No ameudznent, 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 ag~reecrieat by providing written notice to the other party thirty (30) days prior to cancellatia~n. XII. ~ONT+ZDENI7ALITY Tat Contractor shall treat as confidential and shall not, without KERB COUNTY'S prior written consent, divulge to any third arty or, except to the extent necessary for performance hereunder, make any use of any of KERB COUNT'Y' S proprietary technical informatiio~n which is disclosed or made available to Independent Caaxhactor by or as behalf of KERB COUNTY. XIII. GENERAL PROVISIONS KERB COiJNT'Y reserves the right to enforce the performance of this contract in any maffier prescribed by law or deemed to be in the best interests of KERB COUNTY in the event of breach or defauh of this contract. KERB COUNTY reserves the right to terminate the contract immediately in the event Neat Contrailor fails to: (1) meet delivery, performmance or completion schedules, or (2) aahervvise perform in accordance with this contrail 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 firll increase in cost and any additional related foes or expenses incurred to Independent Contractor. No waiver by either party of any one or more defauhs by the other party in the performance of this Agreement or any ooatract 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 provisia~n of this Agreement is uneaf'orceable for nay 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 AgreemenR shall be deemed valid, binding and still enforceable. a~..~ ser~,~~ 7Ir1R103 In the event that either party commits any material breach of this Agreemeut including, without limitation, any breach of arty indemniScation 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 cyst and attorney's foes, incurred in anY Pn$ ~ ~ age PAY seeks redress for such breach. TLis Agreement and any co~ract hereunder shall not be considered exclusive contacts. KERB COUNTY shall have the right to hire offers to perform the same or similar work. KERR COUNTY .- BYa,. INDEPENDENT CONTRACTOR: OHN M. FLOWERS, PRESIDENT UADALUPE ELECTRIC,. INC. Ma~oer sarvioe A~ao~mc ~rosros . .. i~..~.. .~ n~r-....... :.Y. ~i~P. ... ^.. . IMPORTANT M the certificate hdder ~ an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certifiicate does not confer rights to the certificate holder in lieu of such endorsement{s). K SUBROGATION IS WANED, subject to the terms and conditions of the policy, certain policies may require en endorsement A statement on this certifx:ate does not confer rights to the certificate holder In lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form doss not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it a~rmatively ar negatively amend, extend or alter the coverage afforded by the policies listed thereon. ~QRD ,~ CERTIFICATE QF LIABILITY INSURANCE D3/21 X003 ~ First Ins. Apenq THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION 123 B Commerce Street ONLY AND CONFERS NO RItiHT3 UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR POB 291549 AITGR THE COVERAGE AFFORDED 4Y THE POLICIQS BELOW. Kemllla TX 78028-1349 (830) 896-2400 IN3URER9 AFFORDINd COVERAdE ws~ED GLladalupe OKtnc Inc INSURER a Ohio Casualty , . P O Box 28160b INSURER a Texas Mutual Ins, Co. , . KarrvUla TX ~8DZ9-16D6 INSURER C: (830) 896-1898 INSURER D I INSLFtER E. COVERAGES THE POLICIES OF INSURANCE LISTED BELOW WIVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR TFE POLICY PERIOD INDICATED. NOTIMTFISTANDING ANY REOtAREMENT; TERM OR CONDITION OF ANY OONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE 155VED OR MAY PERTAIN, TFf INSURANCE AFFORDED BY THE POLICIES DESCR18ED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SI'101M~ MAY W1VE BEEN REDUCED BY PAID CLAIMS. waR TYPE DF INSURANCE roLICr NUMYER roLICY EFFECTIVE roLIC1f EIIPMtAnON LIMm' OENERALLIABLRY EACHOCCLFRENCE i 1,000,000 A x COM/ERCIAI GEhERJ1L LIApILrtY BKO-52606426 0912712002 D9/27/2003 FWE DAMAGE (Any orr nre) f 100,D00 CIAIMS MADE ~ OCCUR MED EXPIAn onepeROn) i 10,000 PERSONAL 8 ADV INJURY S 1,DOO,000 GENERAL AGGREGATE i 2,000,000 GENT AGGREGATE LIMB APPLIES PER' PRODUCTS • COMP/OP AGG S Z,000,OOO DOLICY PRD• IOC A Aur X aAOBaE LwlLmr ANY Auro BAVY52606426 0987/2002 09/272D03 (Es~cd ntIINCLELIMT i 1,000,000 ALL ovMUED Auros BODILY WJURY SCrEDULED AUTOS (Perpacon) i H4iED AUTOS 8001LY WJURY NON-OWNED AUTOS _ (Pr ~ttl7~n!) i PROPERTY DAMAGE (Per ettlWnt) i GARAGE LMaLRr ALIT'0 ONIr • EA ACCIDEM S ANV AUTO OT~R THAN ~ ACC i AUi00NLr AGG S EXCEtt LIABLtTY EACH OCCLFRENCE i OCCUR I CLANG MADE AGGREGATE S s DEDUCTIBLE i RETENTION S S g woRlo:RtcoirEwATaNANO SBP-12842300 102412002 10!24!2003 wcsTATU• oTr~ EtlIPLOrERS• Lwurr ~ E.L. EACH ACC10ENr s 500,000 E.l. DISEASE - Ea EMPLOrEE i ~.~ E.L. DISEASE - POLICY LIMrt i 500,00 OTHER OWpilTON Oi OIEAATIDNi1LOCAT1O~gNtNClillfelfCILIEIONf ADOW ar iNDORfEMFNTAIPECIAI PRONf10N! [~CRTIFIGATE HOLDER •DDITdNAL wlURED• IALRER LETTER! CANCELLATION tHOULD ANV 0- THE ABOVE DEtdIBED rOLICt7 B! CANCELLED aEFORE THE E%FIMTION THE IffUNG INtUlER WlL ENDEAVOR TO MAIL 10 DAR WRITTEN OATi TNEREOf Ke'lT ~.,OU11ty , Glenn Hdekemp NOTICE TO THE CERTIFICATE HOLDER NAKED TO THE LEFT. BUT FAIWRE TO DO t0 OHALL Ke!R ~+OU/I*, G+~ '7 111-0lE NO OSLIGATb111 OA LM61LfTY Qf ANY NND UroN THE INSURER, rtt AGENT! OR Kenvtlle TX 7802& R~KaENrATrvES. AUTHORIZED RlPREtENTATNE ACORD 26-8 (T/97) ®ACORD CORPORATION 1968