~~ cour~TY, TExAs
sm PROros~L
Date: November 05,2004
Bld Date: NQvembel- Q5 , 2004
Time: 5 - 00 P. M.
Opening: Kell Co11IItl~? COt3.I'~oi1Se
COmm15StOne&'S' COUr(.rQOI12
Kerr County, Texas
Kerr County Commissioners' Court
Kerr County Courthouse
Kerryilte, Texas
Gentlemen:
Pursuant to General Specificatia~ listed below and/or attached, the under limed m~ices the
following officer, F.O.B. Kerrville, Texas, with atlow-able exempt taxes (if applicable), having
been removed from bid price.
ITEM[ NO. D~CC~p'DOr,T Reroofing of existing Building
AMOUN'T'
High Seam (Galvalume)$209,850.00
High Seam (Colored) $223,470.00
Tnc-1 nr3i n{3 F.nyiinge~d Plans.
Please see attached Pictures
( Just completed similar Project)
Sealed propasaLs will be accepted by the Kerr County Co:n~~~~ioners' Court in accordance with
the attached specificatiaas.
Deliver/Completion will be made on or before _ 165 Calender Days 2d3 The
equipment will be new and will meet the general specifications.
KERN COUNTY COMMISSIONERS' COURT RESEI~YES TIDE RIGI-IT TO ACCEPT ANY
QUALIFIED BILJPROPOSAI.OR RETECT ALL BIDS/PROPOSALS.
Camp~~,y; R & J Eagle Contractor's,
By: Ro,~t PLente, Jr. Inc.
President Title
Address: 1 '~ d 7 T n c3» a t r i a l
Blvd., (Rear)
Phone: (830) 773-7727
Fax Na..
NOTE: USE THIS FORM ONLY. ADDITIONAL INFORMEATION M€AY 13E ATTACKED.
The County of Kerr does not discriminate on the basis of race, color, national arigili, sex? religion,
age and disability in employment or the provisioza of services.
c~ sa
~rovo3
KERB COUNTY shall not be liable or responsible for, and shall be saved and held
harmless by R & J Eagle Contractors, Inc. (Vendor Narne~ 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 carder, 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 properly, arising out o~
or occasioned by, directly or indirectly, the performance of R & J Eagle Contractor's, Inc _
(,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 SeCt10n is an indemnity extended by R & J Eagle Contractor's, Inc.
(Vendor Namej to indemnify and protect KERR CO~(JNTY from the
consequences of KERR COUN1'Y's own negligence, whether the negligence is the sole
or contributory cause of resultant injury, death or damage.
~a~ny n«~,~a
7!02103
STATE OF TEXAS
COUNTY OF KERB §
AFFIl~AVIT
BEFORE ME, the undersigned authority, on this day personally appeared Robert
Puente, Jr. known to me to be the person whose name is
subscn~bed 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
master 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, pawl 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 a~ economic opportunity, future employment, gift, loan, gr amity, special dis: aunt,
trip, favor, or service to a public servant in caa~ne~tion with the submitted bid.
SV~IORN TO AND SUBSCRIBED BEFORE ME by the above Affant, who, on. oath
states #hat the facts cx>`ntatined in the above are true and correct, this 5th day of _
_~vember , 20~
2o~PtiA~. ROMELIA C PEREZ ,~~;~L~~~ C' f'
NOTARY PUBLIC
~~ *` State of Texas Notary Public
9~`~''" '!Comm. Exc. 05-06-2006 State of Texas
Mr
..w
Name of Bidder. R & J Eagle Contractor' s
Slgned by: PrPRI runt
(Situ Name is Writing) (Title)
Address: 1342 Industrial Blvd., (Rear), Eagle Pass, Texas 78852
(zip Cone}
Telephone Number: (830) 773-7727 Dom; November 05 , 2004
NOTE: BII?S NOT ACCOMPANIED BY THIS AFFIDAVIT V4'ILL NOT BE
CONSIDERED.
Tile 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.
a,~aarit
Provos
MASTER SER\/iGE AGREEMENT
This Agreement entered into as of day of , 20 , by KERR COUNTY
("County") and ("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 Ol? WORK
This Agreement shall apply to all services and goods provided by Independent Contractor to K.ERR
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 workma-ilike manner.
II. COMPENSATION
Independent Contractor shall be entitled to such compensation as specifically authorized by KERR
COUNTYsn writing, which may be in the form of a contract, purchase order, work authorization or other
~vi-itten document. There shall be no increase in the compensation unless authorized by KERR COUI~'TY in
writing.
III. WARRANTIES
Independe~ Contractor shall perform all work with due diligence, in a good and worlonanlike
manner and in accordance with specifications provided by KERR Cf)LiNTY 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 wilt conform to the specifications provided by KERR 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 stalls, 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 Cornractor 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 KEIZR 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 KERB 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 CO~[Ji~TTY,
including, but without limitation, the following types and limits:
Master service Ag~nent
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 Personal/Advertising 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 tvges of coverRge or limits may be modified
only by written agreement between KERR COUNTY and Independent Contractor.
VI. INDEMNITY
IIV~DEPENDENT CONTRACTOR SHALL PROTECT, DEFEND, IIi~DENIl4'IrY ~~'~D
HOLD HARNII~ESS I{ERR COUNTY AND ITS REPRESENTATIVES, OFFICERS, DIRECTORS,
AGENTS, EMPLOYEES, COUNTY COMMISSIONERS, AND COUNTY 3LTDGES, ETC., FROM
AND AGAINST ANY AND ALL CLAIMS, DEIVIAItiTDS AND CAUSES OF ACTION ASSENTED BY
ANY PARTY (INCLUDING, BUT NOT LIMITED TO, ENIFLOYEES OF INDEPENDENT
CONTRACTOR AND KERR COUNTY) THAT ARISE OUT OF OR ARE RELATED TO WORD
AND ARE CAUSED BY OR ARISE OUT OF INDEPENDENT CONTRACTOR'S NEGLIGENT
ACTS OR OMISSIONS OR WILLFUL MISCONDUCT AND RESULT IN PERSONAL INdU~Y
(INCLUDING BODILY IN.TURY), 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 KERR COUTITY'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 tv this Agreement or any other inc~2r~nce actualy carried by
Independent Contractor. Independent Contractor shall cause its insurer to issue appropriate waiver of
Subrogation endorsements to all policies of insurance carved in connection wash this Agreement.
Master service Ageemec-t
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 KERR COUNTY, Texas.
IX. PRIOR AGREEMENTS SUPERCEDED
This Agreement constitutes the patties 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 wri+ang
dated subsequent to the date of this Agrevrttent 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 confiderrtial and shall not, v~~ithorat 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
KEItR COUNTY.
XIII. GENERAL PROVISIONS
KERN COUN'T'Y reserves the right to enforce the performance of this contract in any
mataner 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 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 I~ERR COUNTY to award to another
bidder or purchase the goods and/or services elsewhere and charge the fall increase in cost and any
additional related fees or expenses incurred to Independent Contractor.
IvTo waiver by either party of any one or more defaults by the other party in the
performance of this Agreemerrt 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, ail other provisions of this Agreement shall be deemed valid, binding and still enforceable.
Master Service Agreement
7/02103
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 CO€TNTY shall have the right to hire others to perform the same or similaz work.
KERI2 COUNTY
BY
INDEPENDENT CONT~ACTOI~:
~.
Robert Puente, Jr.
R & J Eagle Contractor's, Inc.
Master Service Ag+eemeut
7102103
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