BID ON ELECTRICAL 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: ELECTRICIAN CHARGE PER HOUR ~~ ~ HELPER CHARGE PER HOUR ~,~~ ,s'O OVERTIME WORKING HOURS: ELECTRICIAN PER HOUR .SO ~ HELPER CHARGE PER HOUR _~,~ '~~ WEEKEND WORKING HOURS: ELECTRICIAN PER HOUR 7'S o0 O f HELPER CHARGE PER HOUR 3 3 HOLIDAY WORKING HOURS: ELECTRICIAN CHARGE PER HOUR /~D oa HELPER CHARGE PER HOUR. 'fS °D CHARGE FOR COMPONENTS, REPAIR PARTS, AND SUPPLIES: ACTUAL COST PLUS 3,S WARRANTIES: MATERIALS/PARTS /y,41yv~,~~ s ~/-~Cv4%~1 ~ Y/P LABOR io S~~ ss~s COMPANY NAME SIGNAT AND TITLE ©~~'1°~ NUMBER ADDRESS ~~ DATE ay Bid on Electrical Repair service Work 7/02/03 KERR COUNTY, TEXAS BID PROPOSAL Date: Bid Date: Time: Opening: Kerr County Courthouse Commissioners' Courtroom Kerr County. Texas Kerr County Commissioners' Court Kerr 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. TTEM NO. DESCRIPTION AMOUNT Sealed proposals will be accxpted by the Kerr County Commissioners' Court in accordance with the attached specificatioais. Deliver/Canpletion will be made on or before . 20 The equipment will be new and will mcet the general specifications. KERB COUNTY COMMISSIONERS' COURT RESERVES THE RIGHT TO ACCEPT ANY QUALIFIED BIIJPROPOSAL OR REJECT ALL BIDS/PROPOSALS. Caar~pany: By: Title Address: Phone: Fax No.: NOTE: USE THIS FORM ONLY. ADDITIONAL INFORMATION MAY BE ATTACHED. The Courty of Kerr does not discriminate on the basis of race, color, national origim., sex, religion, age and disability in employment or the provision of services. Geoerd Bid Proposal ~roa~os 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 agreemem, including claims and damages arising in whole or in part from the negligence of KERB COUNTY. It is the expressed invent of the parties to this Agreement that the indemnity provided for in this section is an indemnity extended by ,Vendor Named 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. ~oity Doa,mmc Provos STATE OF TEXAS § COUN'T'Y OF KERB § AFFIDAVIT BEFORE ME, the nadersigued authority, as this day personally appeared Down to me to be the person whose name is subscribed to the following, who upon oath, says: I am the Manager, Secretary or oilier agent 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 a~+ time hereafter any economic opportnniiy, fiidire employment, Sift, loan, gratuity, special discwmt, trip, favor, or service to a public servant in ~ with the submitted bid. SWORN TO AND SUBSCRIBED BEFORE ME by the states that the facts contained in the above one true and correct, this _ 20 above Affiant, who, on oath day of _ Notary Public State of Texas Name of Bidder: Signed by: (Sigu Name io writiogJ (~'~) (ter ~) Telephone Number: Date: NOTE: BIDS NOT ACCOMPANIED BX THIS AFFIDAVIT WILL NOT BE CONSIDERED. The County of Kerr does not discriminate ~ the basis of race, color, natioaial origin, sex, religion, age and disability in employment or the provision of services. ~~ 7/02/03 MASTER SERVICE AGREEMENT This Agreement into as of day of , 20 , by KEItR COUNTY («~,") ~ ("Indepe~t Contractor'. 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 ~ WORK This Agreement shall apply to all services and goods provided by Independent Contractor to KERB COUN'T'Y whether presently in progress or furnished from time to tune in the future. Independent Contractor shall diligently Perform all work in a skillful and worlnnanlike manner. II. COMPENSATION Independent Contractor shall be entitled to such cessation 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 oornpeosation unless authorized by KEItR COUNTY in ~~g• III. WARRANTIES Indepeaderrt Contractor shall perform all work with due diligence, in a good and worlananlike manner and in accordance with specifications provided by KEItR COUNTY or is the absence of such specifications, generally accepted Professional sta~ards, and, where applicable, standards imposed by law for comparable or similar services. Ineat Contractor warrants that the goods delivered under this Amt will conform to the specifications provided by KEItR COUNTY, if any, and that the goods will be merrlrantable, of good worlQnanship 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. 1V. INDEPENDENT CONTRACTOR In performing services or furnishing goods under this Agreement, Independent Color shall ad at all times as an I»ude~nt Contractor. Independent Contractor shall noR make any comrnitmart or incur any charge or expense in the name of KERB COUNTY. Intent Contractor expressly agrees, aclmowledges and stipulates that neither this Agreement nor the performance of its obligations or duties there under shall ever result in IndependenR Contractor, or anyone employed by Independent ConRractor, being: 1) an employee, agent or representative of KERB COUNTY; or 2) entitled to any beaesits frn®d KEItR COUNTY, including, without limitation, Pension, Profit sharing or accident insurance or health, medical, life or disability insurance benefits or coverage, to which employees of KI.RR COUNTY may be entitled. KERB COUNTY shall have no direction or c~trol of It Contractor or its employees and agents except in the results to be obtained. The actual performance and superintendence of all work shall be by Indepe'adeat Contractor, but such work shall meet the approval of KERB COiJNT'Y. V. INSURANCE Inclepeadeat Cofactor shall at all times during the term of this Agreement at Independent Contractor's sole expense carry such insurance as may be reasonably requested by KEItR COUNTY, including, but without limitation, the fr-llowing types and limits: Master savioe Ag~eameat 7/0?J03 $500,000.00 each accident Combined Single Liability $500,000.00 each accident Uninsured/Underinsurod Motorists Combined Single Liability All owned, nan~wr~ed, hired and all vehicles used by Independent Coa~trador wide a combined single limit of $500,000.00, covering personal injury (including bodily inJmY ~ ProP~Y ~ge•) Commercial and Comprehensive Liability $1,000,000.00 General Awe $1,000,000.00 Products/Completed Operations Aggregate $1,000,000.00 Personal/Advertising Injury $1,000,000.00 Each Occurrence Worker's Conwensation 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 subc~tractors of the undersigned Independent Contractor shall be required to maintain similar type insurance with similar type limits. KERB COiJNTY shall be named as an additional insured on all policies where available and Certificates of such insurance shall be furnished by Indepeodent Contractor and any subcanaractors where applicable to KERR COUNTY. The types of coverage or limits may be modified only by written agreeone~rt between KERR 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 COMMISSIONERS, AND COUNTY JUDGES, ETC., FROM AND AGAINST ANY AND ALL ('LATHS, DEMANDS AND CAUSES OF ACTION ASSERTED BY ANY PARTY (INCLUDING, BUT NOT LIMITED TO, EMPLOYEES OF INDEPENDENT CONTRACTOR AND KERB COUN1`Y) 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 II.LNESS, DEATH OR PROPERTY LOSS OR DAMAGE, OR ANY CIVIL FINES OR PENALTIES IIVIPOSED BY ANY GOVERNMENTAL AGENCY, OFFICER, OR COURT OF LAW. VII. V4~AIVER OF SUBROGATION Independent Contractor hereby waives any and all rights to recover against KERB COUNTY (including KERB COUNTY'S representatives, County Cornmissia~rs, officers, partners, employees, agents, customers, and invitees) for any loss or dannage arising from any cause covered by any insurance required to be carried by Inde'peudent 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 connedian with this Amt. Harter sarvioe A~een~ Provos VIII. VENUE This Agreement is be construed under the laws of the Stage 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 agreennent and supersedes nay prior understandings or wiittcem or oral ageernents between the parties with respect to insurance or indemmification. This Agreeone~at does not waive any terms or conditions with respect to prior c~racts, bids, purchase orders, requests for proposals (RFP), excerpt with regard to the insurance requirements and indemnification. X. AMENDMENT No amend~ne~mt, modification or alteration of this Agreement is binding unless in writing dated subsequent to the date of this Agreennemt and duly executed by all parties hereto. XI. TERMS Either party may cancel this agteernemt by providing written notice to the other party thirty (30) days prior to caacellatioa-. XII. CONFIDENTIALITY Independent Cc~ntrador shall treat as confidential and shall not, without KERR COUNTY'S prior written consent, divulge to any third arty or, except to the extent necessary for performance hemunder, make any use of any of KERB COUNTY'S proprietary technical information which is disclosed or made available to Independart Ca~ntractor by or an behalf of KERB COUNTY. XIII. GENERAL PROVISIONS KERB COUN'T'Y reserves the right to enforce the performance of this coact in any manner prescribed by law or deemmed to be in the best interests of KERR COUNTY in the event of breach or default of this carYtract. KERR COUNTY reserves the right to terminate the contracx immediately in the eves Indt Contractor fails to: (1) meet delivery, performance or completion schedules, or (2) otherwise perform in accordance with this contract or the specifications. Breach of contrail or defauh authorizes KERB COUNTY to award to anoxher bidder or purchase the goods and/or services eLSevvhere 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 diff~eremt character. It is intended that if any provision of this Agreement is unenforceable for any mason, it shall be adjusted rather than voided, if possible, in order to achieve the intent of the parties. In any eve~ot, all other provisions of this A,gtecencet shall be deemed valid, binding and still amble. 1Vlaafer Service Agroeoomt 7f0?J03 In the event that either party commits any material breach of this Amt including, without lunitation, any breach of any indeinnific;atian 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 aB~ party seeks redress for such breach. This Agreement and an3+ contract hereunder shall not be considered exclusive contracts. KERB COUNTY shall have the right to hire others to perform the same or similar work. KERB COUNTY BY INDEPENDENT CONTRACTOR: MaeOer sarvioe Ag[emmd 7/02x03 ~~~ TK ELB B~ERW ~~~au~ ~ 531 M ~ 1~ K~a~Eg6.5525 Pf1D~O5A~ ~~~c~rcA~- ~~- caa;~