KERR COUNTY, TEXAS BID PROPOSAL Date: ~~b~"~ 1'h bc°r ~ c~~ Bid Date: ,~[' t~_b E?2 d'', ~~-~ o~ Time: . ~. v v P n1 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. ITEM NO. DESCRIPTION AMOUNT N ~~- ~ Sealed proposals will be accepted by the Ken County Commissioners' Court in accordance with the attached specifications. Deliver/Completion will be made on or before ~ ~ ~d ~ E' /'~ ~ . 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: ~. rL ~ l~~`~j Title Address: 1 ~Ok' .~A,V~ ~r2t? ~'~ X22 U1 ~(~ ~,(''1~0~ Phone: - ~ ~ Fax No.: 'gin _ '~ Qv2 - 3 ~ Q NOTE: USE THIS FORM ONLY. ADDITIONAL INFORMATION MAY BE ATTACHED. The County of Kerr does not discruninate on the basis of race, color, national origin, sex, religion, age and disability in employment or the provision of services. c~ na ~~ Provos KERB COITNTY shall not be liable or responsible for, and shall be saved and held harmless by ~ .~~ n ~ endor 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 lt~n.~ '~ ~ endor 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 indemnity provided for in this section is an indemnity extended by ~.r' (Vendor Named to indemnify and protect KERR COUNTY from the consequences of KERR COiTNTY's own negligence, whether the negligence is the sole or contributory cause of resultant injury, death or damage. 7/02/03 BID ON HVAC (HEAT AND AIR) 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: g'c~G ~M ' ~~ `"°~M TECHNICIAN CHARGE PER HOUR 7~ `'~' HELPER CHARGE PER HOUR OVERTIME WORKING HOURS: TECHNICIAN PER HOUR 7~, `'" HELPER CHARGE PER HOUR ~- WEEKEND WORKING HOURS: TECHNICIAN PER HOUR 7 ~, `'`~ HELPER CHARGE PER HOUR _ HOLIDAY WORKING HOURS: TECHNICIAN CHARGE PER HOUR `7r: `~'" HELPER CHARGE PER HOUR CHARGE FOR COMPONENTS, REPAIR PARTS, AND SUPPLIES: ACTUAL COST PLUS ~ ~J WARRANTIES: _ MATERIALS/PARTS ~ -- !~ yr s LABOR 1 yr COMPANY NAME ADDRESS PHONE NUMBER ~~ v°;' - N ~ ~- S TURF AND TITLE ~3 DATE Bid on HVAC Repair service Work 7/02103 STATE OF TEXAS § COUNTY OF KERR § AFFIDAVIT BEFORE ME, the nndeisigned authority, on this day personally appeared _~ ~G~1~„~ I L~~ known to me to be the person whose name is subscrit~ed to the following, who upon oath, says: I am the Manager, Secretary or other 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 giveq offered to give, not intends to give at any time herea~er any economic opportunity, future employment, gift, loan, fatuity, special dascount, trip, favor, or service to a public servant in connection with the submitted bid. SWORN TO AND SUBSCRIBED BEFORE ME by the above Ai~t, who, on oath states > the facts in the above are true and ~rrect, this ~.3 ~ day of _ ..... •~M: JAN E. ABERT * ~ '; *L Notary Public, State of Teocae • My Commission Expires ~~iS='~ APRIL 3, 2008 •..... Name of Bidder. Sighed by: Address: Telephone Number: 7 ~ra~~ NOTE: BIDS NOT ACCOMPANIED BY THIS AFFIDAVIT WILL NOT BE CONSIDERED. The County of Kerr does not dis,rriminate on the basis of race, color, national origin, sex, religion, age and disability in employment or the provision of services. 9t- ~. No ~ Public State of Texas a~aa.~c Provos MASTER SERVICE AGREEMENT This Agreement ntered into of ~3'~"ay of S~ 't; 20~ by KERB COUNTY ("County") and ~Qjl.~~~t ~ c r~.r, ("Independent 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 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 Contractor shall diligently perform all work in a skillful and workmanlike manner. II. COMPENSATION Independent 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 similaz 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 KERR 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 KERB 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 KERB 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 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: Master Service Agreement 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 Comprehensive 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. INDEMNITY 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 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 KERR COUNTY (including KERR 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 Agreement 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 requirements 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 KERR COUNTY. XIII. GENERAL PROVISIONS KERR 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. KERR COUN~Tl' 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 Agreement 7/02103 _ ii i " ~ ~i% %~ '' G N ~ ppp~IN Ept no's KerNitle, jeXas X802 pRnPOsR~ f ~ ~z ,~~ ~ i £< ~` f '' , GtiP "r,, k ~~ ~iLED 4Pw'~ ~ ., 5 ~ ~ ~~ Go~n~Y puditof r~h~use U Kef f CQUn~ CO 7p0 Mam 1X ~g02$ Ni1ie ,~, od ~'" ~~ °~~ ,~`'~~"~ r. 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