KIERR COUNTY, TU;~AS BID PKOFOSAL Date: T?ovember 5, 2004 _ Bid Date: *Iovember 5, 2004 _ Time: Opening: Ken County Courthouse _ Commissioners' Courtroom Ken County, Texas Kerr County Commissioners' Court Kerr County Courthouse Kerrville, Texas Crentlemen: Pursuant to General Specifications listed below andlor attached, the undersigc~ makes the follov~~ing officer, F.O.B. Kerrville, Texas, with allowable exempt taxes (if apT~G._al;lr), having been removed from bid price. ITF._M_I~Q. ____-___- __-- DESCRIPTION _ fi.MOUNT y..~[~pc~ . CL~rl~fi 108 , 431 .00 Install. Engineered ]{~ktal Rpof System. ( Gtanding Seam) ~,~~~_ A~• _ ~p over existing roof , Remove all loose gravel from exiijti_ng roof . ` ~~,yt31 Construct Parapet wall on front of existing roof. Provide al] labor and materi-a1 in a timely manner. Sealed proposals will be accepted by the Kerr County Commissioners' Court in accordance with the attached specifications. DeliverfCompletion will be made on or before , 20 The equipment will be new and wilt meet the genera] speciScations. KERR COUNTY COMMISSIONERS' COURT RESERVES THE RIGHT TO ACCEPT A*iY QUALIFIED BIIJPROPOSAL OR REJECT ALL BIDS/PROPOSALS. Company: FFt~R ~'ARpTf'E1'T'T~T? By: ~NNE'tZ Title Address: Phone: X~}' ch - ~ 3 ~' - ~'-~ ~l 3 Fax No.: NOTE: USE THIS FORM ONLY. ADDITIONAL INFORMATION MAY EE ATTACIIED. The Conrtty of Kerr does not discriminate on the basis of race, color, nations] origin, sex, religion, age and disabi]ity in employment or the provision of services. c s;a rR 7/G2/03 MASTER SIERVICE AGREEMENT This Agreement entered into as of day of , 20 , by KERB COUNTY ("County") and ("Independent Contractor"). Tn 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 famished from time to time in the future. Independent Contractor shall diligently perform all work in a skillful and worlananlike manner. II. COMPENSATION Independent Contractor shall be entitled to such compensation as specifically authorized by KERR 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 worlonanlike manner and in accordance with specifications provided by KERR CO[JN'I'Y 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 KERR COUNTY, if any, and that the goods rill 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 chazge or expense in the name of KERR COUNTY. Independent Conractor 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 KERB COUNTY may be entitled. KERR 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 KERR COUN'T'Y, including, but without limitation, the following types and limits: M~ sarv;ce Agreement 7!02!03 Automobile $500,000.00 each accident Combined Single Liability $500,000.00 each accident Uninswed/Underinswed 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 ProductslCompleted 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 fiu-nished by Independent Contractor and any subcontractors where applicable to KERR COUNTY. The types of coverage or limits may be modified only by written agreement between KERR COUNTY 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 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 LOS5 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 COiIN1'Y (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 inciirance actually carved by Independent Contractor- Independent Contractor shall cause its inswer to issue appropriate waiver of Subrogation endorsements to all policies of insurance carried in connection with this Agreement. Master service Agreement 7~o2ro3 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 vcrith 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. XIL 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 KERR 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 COUN'T'Y 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 foil increase in cost and any additional related fees or expenses incurred to Independent Cornractor. No waiver by either parry 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 Agceeme~ot 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 similaz work. KERR COUNTY BY INDEPENDENT CONTRACTOR: Master Service agreement 7/02/03 KERB COUNTY shall not be liable ar responsible for, arjd shall be saved and held harmless by ..~~-ZZFi2 ~~ ~-~c:!~~-;~~/~_~e~Pr (Vendor ;game) x -cam and al;ainst any and all suits, actions, losses, dan~ages, claims, or Lability of ary character, type or description including any ciairn for subrogation by any insuran~.e c:a~-rier~, 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 ar property, arising out of, or occasioned by, directly or indirectly, the performance of ~Z~= ~ ~<~• ~~-Cti ~ ~~~ ~- ~~~ r (Vendor Name) under this agreement, including claims and damages arising in whole or in part from the negligence of K.ERR COUNTY. It is the expressed intent of the parties to this~~Agreement that ffthe inde /mnity provided fa~,r / I in this section is an indemnity extended by t- P ~ ~ {' 1- ~- bn i l'n t~~_~ ~~ ~~ Pr Vendor Namel to indemnify and protect KERB COUN'T'Y from the consequences of KERB COIJNTY's own negligence, whether the negligence is the sole or contributory cause of resultant in}ury, death or damage. ~,ova~ STATE OF TEXAS COUNTY OF KERB § AFFIDAVIT ~EFO the T authority, on this day personally aPP~~ 1 ~1GiV'~~~., ~~~~~C 1.~~ 1~ known to me to be the person subscribed to the following, who upon oath, says: whose name is 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 awry 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. ,--,, ~l~7 SWORN TO AND SUBSCRIBED BEFORE ME by the above who, on oath the facts in the are true and correct, this day of _ ~~ VVI~. , 20~ \\\PY P4i4 ` ELSA TREVINO =''~~~~"` Noury Public, State of Texas l^1.~,5~ My Commission Expires o Public °h'°'~~w\' Juiy 15, 2ooe State of Texas Name of Bidder. C~~r A ~.-. C~~; ~, .., ~ ~ ~~ ~- Signed by: - ~ Deti ~ ~ ,i- _( sme is Wrifmg) (Title) ~/ (~) Telephone Number: ~'O ' ~~5~' " ~~f ~,~ Date: //~s ;~ e NOTE: BIDS NOT ACCOMPANIED BX 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. Affidavit 7/02/U3 ~~ ~-` ;~~ ;:~„~ fa'~'~` ~ } ' 1 }~ t .. ' s~, ,,, , ~. r.r~ ,r ~, r, -j.f~ . _ , ~~ . / .4 f ' ~ ,l ~..