ORDER NO. 29462 OPEN BIDS FOR ELECTRICAL, PLUMBING, HVAC AND PEST CONTROL Came to be heard this the 14th day of November, 2005, with a motion made by Commissioner Nicholson, seconded by Commissioner Baldwin. The Court unanimously approved by vote of 4-0-0 to: Accept all bids as submitted and referral to the Maintenance and Facilities Director for review, evaluation and making recommendation: 1. Starkey Pest Control 2. D W Electric Company on electrical repair work 3. Hardin Air conditioning, Heating & Cooling for HVAC work 4. Comptons of Kerrville, Inc. for HVAC 5. Trademark for HVAC 6. Whelan Plumbing for plumbing work 7. Hill Country Pest Control for pest control services 8. Terminix for pest control services ,~~ a~ yb ~- COMMISSIONER'S COURT AGENDA REQUEST PLEASE FURNISH ONE ORGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT MADE BY: Glenn Holekamp OFFICE: Facilities Use & Maintenace MEETING DATE: November 14. 2005 TIlviE: 1 n : ~ SUBJECT: Open bids for Electrical, Plumbing, HVAC and Pest Control. EXECUTIVE SESSION REQUESTED: NAME OF PERSON ADDRESSING THE COURT: Glenn Holekamn ESTIMATED LENGTH OF PRESENTATION: 5 minutes IF PERSONNEL MATTER-NAME OF EMPLOYEE: 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: 5:00 P.M. previous Tuesday 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 your request being addressed at the earliest opportunity. See Agenda Request Rule Adopted by Commissioner's Court. Starkey Pest Control 407 W. Water Street Kerrville, Texas 78028 (830)257-5525 November 10, 2005 BID PROPOSAL Ken County Commissioner's Court Kerr County Courthouse 700 Main Street Kerrville, TX 78028 Bid for Pest Control for all Kerr County Buildings Service to begin November, 2005 Monthly Services to be provided at the following: Building Location Monthly Price 1. Court House $85.00 700 Main Street Kerrville, Texas 2. Sheriff's Department, Jail and J.P. #2 $200.00 400 Clearwater Paseo Kerrville, Texas 3. Extension Office $25.00 3655 Hwy. 27 Kerrville, Texas 4 Hill Country Youth Exhibit Center $80.00 3705 Hwy. 27 Kerrville, Texas 5. Animal Shelter $25.00 3317 Loop 534 Kerrville, Texas 6. J.P. #4 and Tax Annex in Ingram $25.00 216 State Hwy. 27 Ingram, Texas 7. Adult Probation $45.00 431 Quinlan Kerrville, Texas 8. Juvenile Detention Center $190.00 3501 Legion Drive Kemille, Texas TOTAL FOR MONTFILY SERVICE TO ALL Ll,ffiTED: $670.00 Warranty: Starkey Pest Control will services the perimeter, in order to control pests listed between the regular service visits, service spat least once each month, inside and outside if additional service is needed by the customer performed at no additional cost to the customer. The pests included are: Roaches, Silverfish, Ants, Spiders, Fleas, and rodents (mice and rats). Pillbugs, Crickets, Earwigs, Millipedes, Scorpions, This proposal does not provide fo~the control of wood destroying insects. ~r STARKEY .GREEN J.P. #4 and Tax Annex in Ingram $25.00 216 State Hwy. 27 Ingram, Texas Adult Probation $45.00 431 Quinlan Kerrville, Texas Juvenile Detention Center $190.00 3501 Legion Drive Kerrville, Texas TOTAL FOR MONTHLY SERVICE TO ALL LISTED: $Cr79'60 (P7~ oa J Warran Starkey Pest Contro] will services the premises at least once each month, inside and outside perimeter, in order to control pests listed below. If additional service is needed by the customer between the regulaz service visits, service will be performed at no additional cost to the customer. The pests included aze: Roaches, Silverfish, Ants, Spiders, Wasps, Pillbugs, Crickets, Earwigs, Millipedes, Scorpions, Fleas, and rodents (mice and rats). This proposal doesDnot~pyrovide for the control of wood destroying insects. STARKEY .GREEN KERB COUNTY, TEXAS BID PROPOSAU Date: ~r'1" f'~/ Bid Date: _ ~ ~ r ~ Time: ~ = D (> Op~pg; Kerr (:nur!t~r Cc_vrrthou~ ~Q~+oners' Courtroom Kerr County Texas Kerr Coumy Commissioners' Court Kerr County Courthouse Kerrville, Texas Geutlemett: Pursuant to Geoetal SpociScatians listed blow and/or attached, the rmdersigaed makes the following officer, F.O.B. Kerrville, Texas, wiW allowable exempt taxes (if applicable), having been removod from bid price. ~~~lU~' ~~ ~ ,'~ ~r ~I ~ P,~v~~u? seatoa prol,nsals will be accepted by the Kerr County Commissioners' Cant in aceoraance with the attached ~. DelivedCompktioa will be made as or before _ 20_ The etlni>p~ will be new asa will moat the geceral specifica~eos. KERB COUNTY COMMISSIONERS' COURT RESERVES THE RIGHT TO ACCEPT ANY QUALiI~7ED BIIJPROPOSAL OR RETECT ALL B~S/PROPOSALS. CY~ Phone: Fax No.: Title NOTE: USE THIS FORM ONLY. ADDITIONAL INFORMATION MAY BE ATTACHID. The County of Kerr does not discriminate an the basis of race, odor, national origin, sex, religion, age and disability in empkrymeat or the provision of services. ~roaros KERB COUNTY shhag n be liable or res onsible for, and shall be saved and held harmless by QY d`l "4 Y' e~ndor Namel from and against any and all scats, acxions, losses, damages, claims, or liability of suy character, type or description including a~+ claim for subrogation by arty 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 a~ person or persons or or occasioned by, directly or indirectly, the performance of ~'(~ _ iVmdor Namel 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 ind 'ty provided for in this section is an indemnity extended by ~, _ (Vendor Namel to indemnify and protect KERB COUNTY from the consequences of KERR COUNIY's own negligence, whether the negligee is the sole or contributory cause of resuhant injury, death or damage. ~rno~mo.a rro~ STATE OF TEXAS COUNTY OF KERB AFFIDAVIT BEFOR& ~ ` r ~ authority. oa this day pe~omallY ePPearad ~~~~ Dl S P ~ ~ Imown to ax to be the person whose name is subscn'bod to foilowiog, who upon oath, says: I am the Manager, Secretary or orbs agent or officer or the prinapal of the Bidder in the matter of the bids to which this affidavit is attached, and I Lave full lmovdedge of d-e relaticros of the Bidder with the other ~ in tbis same line of business, and the Bidder is not a m®ober of any trust, pool m combination to control the price of supplies bid an, or to influence any person to bid ~ not to bid theroon. I further affirm that the Bidder has nat gives, offtred m give, not intends to give at any time haeaRa any economic opportunity, future employm®t, $i8, loan, Y, speoal dim, trip, favor, or service to a public savant in comecaon with the submitted bid. c~ SWORN TO AND SUBSCRIBED BEFORE ME by the above Affiant, who, on oath stasis that the m the abo~e an true and correct, this ~~ ~ day of _ ~~n~. ~: _ ~0~2. a~.¢..- Notary Public State of Texas `UC~J ~'U5 NOTE: BIDS NOT ACCOMPANIED BX TffiS AFFIDAVIT WILL NOT BE The CounRy of Kerr does not discrimina?e m the basis of race, color, national origin, sex, religion, age and disability in omploymeot or the provision of services. ~~ ~~ COMMERCIAL LIABILITY COVERAGE PART DECLARATIONS Policy Number: PGL735653 Effective Date: 5/16/05 12:01 A.M., Standard Time IMITS OF INSURANCE general Aggregate Limit (Other Than Products - Compfeted Operations) $2,000,000 products -Completed Operations Aggregate Limit $2,000,000 'ersonal and Advertising Injury Limit $1,000,000 Any One Person or organization .ach Occurrence Limit g 1,000,000 )amage to Premises Rented to You $ 50,000 Any One Premises Aedical Expense Limit ~ 5,000 Any One Person =ach Professional Incident Limit (if applicable> $ SEE WVY318(04198) PREMIUM Premium EXTERMINATOR - (INCLUDING PRODUCTS AND/OR COMPLETED 43470 (S) zoo,ooo occ 10.20 2040.00 OPERATIONS) LANDSCAPE GARDENING (PRODUCTS-COMPLETED 97047 (P) IF ANY 13.60 IF ANY OPERATIONS ARE SUBJECT TO ' GENERAL AGGREGATE LIMIT) ERRORS & OMISSIONS 73444 FLAT CHARGE $250.00 Total Advance Premium $2290.00 FORMS AND ENDORSEMENTS ~orms and Endorsements applying to this coverage part and made part of policy at time of issue: See Schedule of Policy Forms Countersigned By: ~'' ~ .. Authorized Representative THESE DECLARATIONS ARE PART OF THE POLICY DECLARATIONS CONTAINING THE NAME OF THE INSURED AND THE POLICY PERIOD. Agent#522 Program #244 WW232 04/O1)) PROPOSAL -PEST CONTROL County Clerk ?00 Main Street Kerrville, Texas ?8028 ga~°~r ~ tt~Y. 30 P~'+ ~T BERR COUNTY, TEXAS BID PROPOSAL Date: io/2-r/a5 Bid Date: Nov 10, 2005 Time: Nov 14th @ 10:OOam Opening: Ketr Countv Courthouse Commissioners' Courtroom Kea 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. TTEMNO. # 1 DESCRIPTION Electrical AMOUNT Item # 1 E ec r3 ca Repair Wor Per Attache Hour y Schedu e Sealed prgwsaLs will be accepted by the Kerr County Commissioners' Court in accordance with the attached specifications. Deliver/Completion will be made on or before 1 0th November 20 0 5. The equipment will be new and will meet the general specifications. KERR COUNTY COMMISSIONERS' COURT RESERVES THE RIGHT TO ACCEPT ANY QUALIFIED BIIJPROPOSAL OR REJECT ALL BIDS/PROPOSALS. Company: By: D W Electric Co David Wahrmund President Title Address: 330 Peterson Dr Kerrvi le, TX 8028 Phone: 830-257-3739 FaxNo.: 830-257-3740 NOTE: USE THIS FORM ONLY. ADDITIONAL INFORMATION MAY BE ATTACHED. 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 Bid Piopo¢sl 7/02/03 BID ON ELECTRICAL REPAIR 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 caarditions. Total Repair Cost above $100.00 must have the Building Maintceance Supervisor's approval. We also reserve the right to price parts separately. Lrstallations are subject to review and are not automatically included in this bid. REGULAR WORKING HOURS: ELECTRICIAN CHARGE PER HOUR $ 5 2. 5 0 HELPER CHARGE PER HOUR $ 21 .0 0 OVERTIME WORKING HOURS: $ 7 5.0 0 ELECTRICIAN PER HOUR HELPER CHARGE PER HOUR $ 3 0.0 0 WEEKEND WORKING HOURS: ELECTRICIAN PER HOUR - HELPER CHARGE PER HOUR $ 3 0.0 0 HOLIDAY WORKING HOURS: $ 7 0.0 0 ELECTRICIAN CHARGE PER HOUR $30.00 HELPER CHARGE PER HOUR CHARGE FOR COMPONENTS, REPAIIt PARTS, AND SUPPLIES: ACTUAL COST PLUS 20 WARRANTIES: MATERIALS/PARTS as per manufacturer's warranty LABOR 1 year D W Electric Co. 330 Peterson Drive Kerrville TX 830-257-3739 COMPANY NAME ADDRESS PHONE NUMBER SIGNATURE AND TITLE David Wahrmund, President $70.00 DATE 2005 Bia m &la~,tial Rapsrc savi°e war Provos STATE OF TEXAS COUNTY OF KERB AFFIDAVIT BEFORE ME, the undersigned authority, on this day personally appeared David Wahrmund known to me to be the person whose name is subscribed 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 fimu 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 any time hereafter a~ economic opportunity, future employment, gift, loan, gratuity, special discomrt, trip, favor, or service to a public servant in connection with the submitted bid. SWORN TO AND SUBSCRIBED BEFORE ME by the above AfTiant, who, on oath states that the facts contained in the above are true and correct, this o? 7Y/z. day of _ Oc`f-obrw' ,2005. ,,,e;:g~ o~~,, CONNIE S. DtXON ;~; ? Notary Public, State of Texas ,r My Commission Expires -'~/ ~•'~ March 78, 2008 Name Signed Notary Public State of Texas Electric Co. rres tst~xaea; m w.~ 330 Peterson Drive Telephone Number: 8 3 0- 2 5 7- 3 7 3 9 cl~~ Kerrville, TX 78028 (ZiP C-~) NOTE: BIDS NOT ACCOMPANIED BX THIS AFFIDAVIT WILL NOT BE The Cou~.y of Kerr does not discriminate on the basis of race, color, national or~in, sex, religion, age and disability in employmem or the provision of services. nffiaa.M 7/02/03 MASTER SERVICE AGREEMENT This Agreement entered into as of day of , 20_, by KERR COUNTY ("County")and D W Electric Co. ("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: L PERFORMANCE OF WORK This Agreement shall apply to all services and goods provided by htdependent Contractor to KERR 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 KERR COUNTY or in the absence of such specifications, generally accepted professional standazds, and, where applicable, standards imposed by law for comparable or similaz services. Independent Contractor warrants that the goods delivered under this Agreement wifl 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 Co~ractor shall provide a[i labor and skills, and all equipment, machinery, materials, and supplies necessary for the perfomrance of such work. IV. INDEPENDENT CONTRACTOR )n perfornring 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 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 represerrtative of KERR COUNTY; or 2) entitled to any benefits from 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 KERR 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 sha4 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 Ageement 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-0wned, 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 J 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 Contrnctor shall be required to maintain similaz type insurance with similaz 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 Contmctor. 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 KERB COUNTY (including KERB COUNTY'S representatives, County Comrrtissioners; 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 carved 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 7/02103 VIII. VENUE This Agreement is be construed under the laws of the Slate 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 pnor understandings or written or ora] agreements between the parties with respect to insurance or indemnification. This Agreement does not waive any teens or conditions with respect to prior contracts, bids, purchase orders, requests for proposals (RFP), except with regazd 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 KERB COUNTY'S proprietary technical information which is disclosed or made available to Independent Contractor by or on behalf of KERB 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 COUNTY reserves the right to terminate the contract immediately in the event Independent Contractor fails to: (1) meet dehvery, 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 awazd 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 parry, 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 Ageement 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 parly may have, at law or in equity, it shalt be entitled to recover all costs, including court cost and attorney's fees, incurred in any proceeding wherein the agrced 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 7/02/03 KERB COUNTY shall not be Gable or responsible for, and shall be saved and held harmless by D w Electric Co. (VendorNamel from and against any and all suits, actions, losses, damages, claims, or Lability 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 D w E 1 e c tr i c Co . LVendor Namel under this agreement, including claims and damages arising in whole or in part from the negligence of KERB COUNTY. It is the expressed intent of the parties to this Agreement that the indemnity provided for in this section is an indemnity extended by D W Electric Co. (Vendor Namel to ~nr 7/01103 A~T~RS ~ ~p W gL GSO ~oaC ~ %E£«,s~xrs7eo ~~~~1 ~~G ~~O ~~ J -~o© ~ T~ ~l IJ 1 ~ ~~~a ti ~ KERB COUNTY, TEXAS NOTICE TO BIDDER Seated proposals addressed to the Commissioner's Court or Kerr County for: 1. Electrical 2. Plumbing 3. HVAC (Air Conditioning, Heating) 4. Pest Control Will be received at the County Clerk's Office until 5:00 P.M. on the 10"' of November 2005. Arty Proposals received after closing time will be returned unopened. Return sealed proposals to the Cou~y Clerk, Kerr County Courthouse, 700 Main Kerrville, Texas 78028. Mark outside of envelope "PROPOSAL-ELECTRICAL", "PROPOSAL- PLUMBING", "PROPOSAL-HVAC", or "PROPOSAIrPEST CONTROL". Additional proposal sheets and specifications may be picked up at the Maintenance Office at 700 Main Kerrville, Texas 78028. To be opened on the 14°' day of November, at 10:00 A.M. at Kerr County Commissioner's Courtroom 700 Main Kerrville, Texas 78028. 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. Gene[a1 Notice 010/07/05 BID ON HVAC (HEAT AND AIR) REPAIR SERVICE WORK FOR KERR COUNTY NOTE: Use this form for the bid. Additional informati~ may be attached. SubmissimT of a bid notes that the vendor certifies t 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 Pry P~ ~Y• Installations are subject to review and are not automatically included in this bid. REGULAR WORKING HOURS: TECHNICIAN CHARGE PER HOUR _s~5 •~- HELPER CHARGE PER HOUR - OVERTIl-~ WORKING HOURS: TECHNICIAN PER HOUR ~ ~]r2,. e° HELPER CHARGE PER HOUR ` WEEKEND WORKING HOURS: TECHNICIAN PER HOUR t7h.~i0 HELPER CHARGE PER HOUR - HOLIDAY WORKING HOURS: TECHNICIAN CHARGE PER HOUR. ~RS,°" HELPER CHARGE PER HOUR CHARGE FOR COMPONENTS, REPAIIt PARTS, AND SUPPLIES: ACTUAL COST PLUS FiC~ WARRANTIES: MATF.RTAT C/PARTC I - ~ InI_(1.~ S LABOR l 4 ~_ l~o.rnlr~n Ikpn+~nQ ? G~.I,nF 13es,' i~inlen- {6,.' 7r7' -3"iG COMPANY NAME ~ ADDRESS PHONE NUMBER X ~~ sv~ ~9i l ='- ~ ~n n- SI ' TURE TITLE li~o3/os DATE Hid m HVAC Rapav savior Work 7/02/03 KERR COUNTY, TEXAS BID PROPOSAL Date: ~d Vf ~~ X~~-_~ , ~~ Bid Date: ylc~~~-b~ 3 - a~~ 5 Time: S/arr~- Opening errK County Courthouse Commissioners' Courtroom Kerr County_ Texas Kerr County Commissioners' Court Kerr County Courthouse Kerrville, Texas Gentlemen: Pursuant to General Specificarions 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. TI'EM NO. DESCRIPTION AMOUNT ~v~ ~ r Sealed proposals will be accepted by the Kerr County Commissioners' Court in accordance with the attached specifications. Deliver/Completion will be made on or before~~'~r^~-~~ ~~ 20 n-~ The equipment will be new and will meet the general specifications. KERB COUNTY COMMISSIONERS' COURT RESERVES THE RIGHT TO ACCEPT ANY QUALIJ~TED BIL/PROPOSAL OR REJECT ALL BIDS/PROPOSALS. Company: By: ~~ /~ QrQ'~n 6~TlN LU©C/l~~? ~ElRN L~tiUD, S~z/ICE MAN, Address: Titl ~.~Dr~~Po/Df..Rt~ J~ Phone: 8'3p 79D -3993 FaxNo.: £~3D 79a -399v NOTE: USE THIS FORM ONLY. ADDITIONAL INFORMATION MAY BE ATTACHED. The Coumy of Kea does not discriminate on the basis of race, color, national origin, sex, religion, age and disability in employment or the provision of services. G~eaal Bid AuPoeal 7/02/03 KERB COUNTX shall not be liable or hamiless by and all suits, actions, losses, damage`s, claims, for, and shall be saved and held from and against any 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 rop , ari ' gout of, oroned by, directly or indirectly, the performance of +~ 4~ endor Name under this agreement, including claims and damages ari ' in whole or in part from the negligence of KERR COLTNT'Y. It is the expressed intent of the parties to this ~eme t that the ' dec 'ty provided or , in this section is an indemnity extended by if' vendor Named to indemnify and protect KERR COUNTY from e consequences of KERB COi7NT'Y's own negligence, whether the negligence is the sole or contributory cause of resultant injury, death or damage. ma~~y o~am 7/01103 STATE OF TEXAS COUN'T'Y OF KERB AFFIDAVIT BE~~ ~ MEd, j e ~ders ed authority, on this day personally appeared f~ ~ (mown to me to be the person whose name is subscribed 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 ]mowledge 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 any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public serval in connection with the submitted bid. G~GiC~ Affiant SWORN TO AND SUBSCRIBED BEFORE ME by the above Afliant,, on oath stat~es~ the facts contained in the above are true and correct, this _t ~a y of _ NAOMI SOLIS NOTARY PUBLIC STATE OF TEXAS Comm. Expires 70-05-20 V~ llI'V~~ .~dN~'~ Notary Public State of Texas Name Signed Telephone Number: lam/ ' 7 9 ~ ' 3 g U, SOD S~ 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. neaaa~r 7/02/03 MASTER SERVICE AGREEME[N~T This Agreement en~r~ mt as of~ day of ~d/Zr`-~` 20 S by KERR COUNTY ("County") and f-/GtrGf/n ~.~,PGc r7N~ ~ ~G~1 N C-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. 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, standazds imposed by law for comparable or sinulaz 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. In perfomung services or famishing goods under this Agreement, Independent Contractor shall act at all times as an Independent Contractor. Independent Contractor shall not make any comnritment or incur any chazge 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 KERB COUNTY; or 2) entitled to any benefits from KERR COUNTY, including, without limitation, pension, profit sharing or accident insurance or health, medical, life or disability insurance benefits or wverage, 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 KERB COUN'T'Y. V. 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 ABeement 7/02/03 Automobile $500,000.00 each accident Combined Single Liability $500,000.00 each accident Uninsured/1Tnderinsured 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 J 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 similaz 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 KERR COUNTY. The types of coverage or limits may be modified only by written agreement between KERR COUNTY and Independent 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. WAIVER OF SUBROGATION Independent Contractor hereby waives any and all rights to recover against 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 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 AgreeNent 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 aze 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 regazd 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 parry 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 infom~ation which is disclosed or made available to Independent Contractor by or on behalf of KERB 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 KERR 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: (I) 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 awazd 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. Itis 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 parry 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 INDEPENDENT CONTRACTOR: Hasler service Agreement 9/02!03 ~~~~~` ~A ~ pt.iN~ 4 g, CO NEgTINGanderaHwy- 0g SX~gfl2a 13~ rUe, KeeN ~~ a >?~ pROPOSA~,N~A~ KERR COUNTY, TEXAS BID PROPOSAL Date: ~\lh I~ fM 1S ~~ /fl ~ Rio S Bid Date: i D Vc /rl /3 f~k ./!' o?OCtS~ Time: ~ G n j~, M 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 M yl~c, Sealed proposals will be accepted by the Kea County Commissioners' Court in accordance with the attached specifications. Deliver/Completion will be made on or before . 20_. The equipment will be new and will meet the general specifications. KERR COUNTY COMMISSIONERS' COURT RESERVES THE RIGHT TO ACCEPT ANY QUALIFIED BIIJPROPOSAL OR REJECT ALL BIDS/PROPOSALS. Company: n~'° ~~f,~t>lll~~A~. By: y~te e.,. ~.~+ ~ Title Address: /3~v L A=DAG~IAf Phone: g ~ FaxNo.: (~ 3„) S'96 021 36 NOTE: USE THIS FORM ONLY. ADDITIONAL INFORMATION MAYBE ATTACHED. The County of Kea does not discriminate on the basis of race, color, national origin, sex, religion, age and disability in employment or the provision of services. on~s~ar~~ 7/OL03 BID ON HVAC (HEAT AND AIR) REPAIR SERVICE WORK FOR KERB COUNTY NOTE: Use this form for the bid. Additi~al information may be attached. Submission of a bid notes that the veador certiSes agreement to all the speciSptions 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. Installati~s are subject to review and are not automatically included in this bid. REGULAR WORKING HOURS: TECHNICIAN CHARGE PER HOUR HELPER CHARGE PER HOUR 3 ~ ~ 5 ~ OVERTIME WORKING HOURS: TECHNICIAN PER HOUR ~ ~~ G . ~O HELPER CHARGE PER HOUR ~ 0 ~ ~, 5~ WEEKEND WORKING HOURS: TECHNICIAN PER HOUR / O 0, 5~U HELPER CHARGE PER HOUR ~ 0 ~ `~ HOLIDAY WORKING HOURS: ' / TECHNICIAN CHARGE PER HOUR I ,3 `t OD HELPER CHARGE PER HOUR ~ `~+'(i d CHARGE FOR COMPONENTS, REPAIR PARTS, AND SUPPLIES: ACTUAL COST PLUS .f~~ ~ z ~~ COMPANY ADDRESS ~: ~ /° ~ ~~ ~ SIGNATURE AND TITLE . 'J~, ~ ~~ `~07 ~~ DATE IDd m HVAC Rap~'vaavim Waic 7/04/03 WARRANTfFS• KERB COUNTY shall not be liable or responsible for, and shall be saved and held harmless by ~_f,' /7~~%T~? // S p~~f,~Q/~/~~,T endor Namej from and against any and all suits, actions, losses, damagees, 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 oi; or occasioned by, directly or indirectly, the performance of ~n ~ /'T~isl/s B L J~~~r°, =i ~(~', (Vendor Namej 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 section is an indemnity extended by ~ p~~ j ~i ~/ 5 ,r__~___~~~ ~ .rl///~ eTNG (Vendor Name] 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. ma~ay r>o~~ 7/02/03 STATE OF TEXAS COUNTY OF KERB AFFIDAVff BEFORE NJE, the undersigned authority, an this day personally appeazed A-8o rf -- CD M ~ja y/ lmown to me to be the person whose name is subscribed 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 given, offered to give, not intends to give at any time hereafter any economic opportunity, future employment, gift, loan, grdtnity, special drscoum, trip, favor, or service to a public servart in connection with the submitted bid. i ~ ;' ~ SWORN TO AND SUBSCRIBED BEFORE ME by the above Affiant, who, on oath states that the facts contained in the above are true and correct, this ,/ t~ ~ day of _ ~~;.FPjNEgF p::~pua~~~ r p,,pp~~-- r : «. O °a W _ N Public sin ~' SrAtE eF~P4'~~;0 > State of Texas EXT•' ~~\,°, Name ofBiddPl' C6o1'Tn~rn'r3~e~~Kt: PR~~~ IIP~ ~ N~C ~ b~p~ Nuuu ~]'` 9 Signed by: ~ q ~v.1 S E; r - 7.E f ~ (Sim Nine m Wrifmp~ _ .. ._ (title) ~ - (tip code) Telephone Number: (~~ 3 0 ~ ~~ ~ ~ - ,~~, ~ ~ Date: l O 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 origiq sex, religion, age and disability in employme~ or the provision of services. Affidavit 7/02/03 MASTER SERVICE AGREEMENT This Agreement entered into as of _ day of , 20~ by KERB COUNTY ("County") and l'.v~F'9P Try N ~s bF K £ Rit' ~ (1 I~ ~ tvc . ("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 time 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 Contmctor 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 -aw for comparable or similar 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 Ure performance of such work. IV. In performing services or furnishing goods under this Agreement, Independent Contractor shall act at all times as an Independent Contmctor. Independent Contractor shall not make any commitment or incur any chazge 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 Lmdependent Contractor, being: 1) an employee, agent or representative of KERB COUNTY; or 2) entitled to any benefits from KE12R 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 perfonnauce and superintendence of all work shall be by Independent Contractor, but such work shall meet the approval of KERR COUN'T'Y. 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 COUNTY, including, but without limitaiion, the following types and lhnits: Master Service Agreemert 7/02/03 Automobile $500,000.00 each accident Combined Single Liabihty $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 J 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 similaz type insurance with similar type limits. KERR 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 Contmctor. 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. WAIVER OF SUBROGATION Independent Contractor hereby waives any and all rights to recover against KERR 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 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 KERR 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 regazd 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 KERR 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 COUNTY reserves the right to enforce the performance of this contmct in any mazmer prescribed by law or deemed to be in the best interests of KERR 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 KERR COUNTY to awazd 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 parry, 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. L3 any event, all other provisions of this Agreement shall be deemed valid, binding and still enforceable. Muter 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 wst and attorney's fees, incurred in any proceeding wherein the agreed parry 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. KERB COUNTY BY INDEPENDENT CONTRACTOR: (_gC~/~?pra r/'S oF' J~{c~d111 ; -f nki Master Service Agreement 7/02/03 i Of K~R~~U.1.E, INC. COMp~ON S1L EB~S 8oz~4p89 `l ~, ~`` ~~ ~ ~~~~ ~ ~" ~ ~~'~~ ~ ~,~ ~ ~~~`~ ~~ ~ ~~ ~~tr 1~ '1a~ .~~~ ,~~,~ KERR COUNTY, TEXAS BID PROPOSAL Date: j~'/U ~ S Bid Date: ~/"/~/-U s Time: Opening: Ken County Courthouse Commissioners' Courtroom Ken- 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. Kemille, Texas, with allowable exempt taxes (if applicable), having been removed from bid price. ITEM NO. DESCRIPTION AMOUNT S Sealed proposals will be accepted by the Kerr County Commissioners' Court in accordance with the attached specifications. Deliver/Completion will be made on or before 20_. The equipment will be new and will meet the general specifications. KERR COUNTY COMMISSIONERS' COURT RESERVES THE RIGHT TO ACCEPT ANY QUALIFIED BIIJPROPOSAL OR REJECT ALL BIDS/PROPOSALS. Company: /dArJE /rift/[/(- By: / n. ~ N frs~ cf>~ Title Address: 3/LZ 7uncfro. !{kJ-1 ~~rci~., Tip 7~oZ.S Phone: Ain -3L7°5-3 z(o Fax No.: 9130 - 3L 7 - S`31 S NOTE: USE THIS FORM ONLY. ADDTI'IONAL INFORMATION MAY BE ATTACHED. The Couny 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. c~ sa row 7/02/03 KERB COUNTY shall not be liable or responsible for, and shall be saved and held harmless by ',~/UXi'/') E- !'r/ r~FL (Vendor Namej 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, dire~~c//tly or indirectly, the performance of ~~ ( Nr1 i7flK(Vendor Named under this agreement, including claims and damages arising ue whole or in part from the negligence of KERR COiTNTY. It is the expressed intent of the parties to this Agreement that the indemnity provided for in this section is an indemnity extended by ~~'D [- /I/~ l( (Vendor Namej to indemnify and protect KERB COUNTY from the consequences of KERR COUNTY's own negligence, whether the negligence is the sole or contributory cause of resultant injury, death or damage. Iuae®;ty Docume~ ~rozro3 STATE OF TEXAS COUNTY OF KERB Name of Bidder. i Sigued by: ~1 B~ ME, the undersigned authority, on this day personally appeared c'~ lmown to me to be the person whose name is subscribed 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 Gave full lmowledge of the relations of the Bidder with the other Sums in this same line of business, and the Bidder is not a member of any furs[, pool or r~rttbination 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 auy time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, fivor, or service to a public servant in connection with the submitted bid. AFFIDAVIT ~~ Affiant SWORN TO AND SUBSCRIBED BEFORE ME by the above Affiant, who, on oath states tha ~ ic~ntainyd in the above are true and correct, this 9 day of _ !GGr/ 20~. 0~•'~ ~.~ PR V pL'. Q~ ~; `, y~y •• rF OF 1E*P . '""r6~~5-2004., ~~°°~`s (Sim Name m otary blic ` State ofTexas (~P ~~ Telephone Number: IS 3 U - ~ C ~- S'3 Z 6 Date: //- 9 9S NOTE: BIDS NOT ACCOMPANIED BX TICS 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. nffidavn viovoa /~ /• r BID ON HVAC (HEAT AND AIR) REPAIR SERVICE WORK FOR KERB COUNTY NOTE: Use this form for the bid. Additional informatianmay beattached.- Submission of a bid notes that the vendor certiSes agreement to all the specifications and caaditions. Total Repair Cost above $100.0(1 must have the Building Maintenance Supervisor's approval. We also reserve the right to price parts separately. Llstallatians are subject to review and are not automatically included in this bid. REGULAR WORKING HOURS: `~ Nf- TECHNICIAN CHARGE PER HOUR Y a~'/ HELPER CHARGE PER HOUR '~ 3y OVERTA4E WORKING HOURS: v!i bT TECHNICIAN PER HOUR ~ ~ ,~_ /~ i HELPER CHARGE PER HOUR $ -l '~ ~ ~ WEEKEND WORKING HOURS: o/~ TECHNICIAN PER HOUR ~ ~ ~D Mr~ HELPER CHARGE PER HOUR ~ U ~''7 f i~ ~ . c,~i~~/ ~ >rP,~,~{y HOLIDAY WORKING HOURS: TECHNICIAN CHARGE PER HOUR ~ bU ~"~~~/ HELPER CHARGE PER HOUR 7 S `'CIF/ ~ CHARGE FOR COMPONENTS, REPAiR PARTS, AND SUPPLIES: ACTUAL COST PLUS ''1 ~% WARRANTIES: ~~~~++~yrtr _ ~/ZZ~~N~,~- !~~ f~30 36 ~ S3z 6 COMPANY NAME ~ 0~ DR~ ,7 ~ 2 ~ PHONE NUMBER SIGNATURE AND TiTi.E DATE BidmHVAC Repevaavice Wuk 7/04/03 BID ON HVAC (HEAT AND AIR) REPAIIi SERVICE WORK FOR KERB COUNTY NOTE: Use this form for the bid. Additional informati~ may be attached. Submission of a bid notes that the vendor certifies t to all the speciScatia~ns and conditions. Total Repair Cost above $100.00 must have the Building Mainicnance Supervisor's also reserve the right to price parts separately. Installations are subject to review and are not automatically included in this bid. REGULAR WORKING HOURS: TECHNICIAN CHARGE PER HOUR HELPER CHARGE PER ~`~ N/ ~~~^ OVERTIME WORKING HOURS: ~ o~~ d-r TECHNICIAN PER HOUR i HELPER CHARGE PER HOUR $ ~ ~ O ~ WEEKEND WORKING HO Q'~ TECHNICIAN PER HO ~ ~ ~~ WEE HELPER CHARGE HOUR ~~j U ~'7 t HOLIDAY WO G HOURS: e>j TECHNIC CHARGE PER HOUR ~ ~ ~''~~~ CHARGE PER HOUR 7 S `'~~~/ { FOR COMPONENTS, REPAIR PARTS, AND SUPPLIES: COST PLUS `7 ~% WARRANTIES: ti -~<-f~,t r /~lA1jE~/l+f>Ill - ~~~Z <~uf~c{id` l7""~ d / ~ l~ ~ 3~3Z COMPANY NAME ADDR~ cvfi~ PHONE NUMBER .~/(/try.or X 7O"2 S' `~ ~_~. SIGNATURE AND TITLE //- y~S DATE Bid m HVAC Repsv aevice Wak 7/0/03 T~1~~/Air Conditioning & Custom Sheet Metal ~~m ~~a "'"""""' Alan Brown albrown@e-trade-mark.com r„~~ ~„ ~n~~ r.r,.~~. 509 HWY 27 E www a trade-mark.com Ingram TX 78025 (830) 367-5326 TACLB001046C Fax (830) 367-5325 t ~~~'~ Q 7~~ M i~~ ~~~~ ~~~ ~~ KERB COUNTY, TEXAS 1~,OT~C TO BIDDER Sealed proposals addressed to the Commissioner's Court or Kean Coumy for: 1. Electrical 2. Plumbing 3. HVAC (Air Conditioning, Heating) 4. Pest Control Will be received at the County Clerk's Office uffii15:00 P.ivL on the 10th of November 2005. A~ Proposals received a8er closing time will be returned unopened. Return sealed proposals to the Cou~y Clerk, Kerr County Coluthouae, 700 Main Renville, Texas 78028. Mark outside of envelope "PROPOSAL-ELECTRICAL"> "PROPOSAI.- PLUMBING", "PROPOSAL-HVAC", or "PROF()SAL-PEST CONTROL". Additional proposal sheets and specifications may be picked up at the Maintenance Office at 700 Main Kerrville, Texas 78028. To be opened on the 14°i day of November, at 10:00 A.M. at Kerr County Commissioner's Coumoom 700 Main Kerrville, Texas 78028. The County of Kean does not discriminate on the basis of race, color, national origin, sex, religion, age and disability in employment or the provision of services. Gawtai Ndyx 010/0'7/05 KERB COUNTY, TEXAS BID PROPOSAL Date: Bid Date: Time: _ Opening: Kerr County Commissioners' Court Kerr County Courthouse Kerrville, Texas Gentlemen: Kerr County Courthouse Commissioners' Courtroom Kerr Count~Texas 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. TI'EM NO. DESCRIPTION AMOUNT ~(ZCJPGSArI -"~IUMOI/~~ Sealed proposals will be accepted by the Kerr County Commissioners' Court in accordance with the attached specifications. Deliver/Completion will be made on or before 20_ The equipment will be new and will meet the general specifications. KERB COUNTY COMMISSIONERS' COURT RESERVES THE RIGHT TO ACCEPT ANY QUALIFIED BIIJPROPOSAL OR REIECT ALL BII)S/PROPOSALS. '.-Id d`-1 Company: IJ~~Fw `fit ~um6w5 By: M~~ ~4¢.xsTRcac~ Title 5~~ Address: ~16~ ()'It;M02~a~ Blad• KC-Rn~Ii(IF~hc 7 S C52E Phone: C'3r> -9q~-~to~ Fax No.: 830 - a 57 - e21.2 ~-( NOTE: USE THIS FORM ONLY. ADDTIIONAL INFORMATION MAY BE ATTACHED. 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. Geraal Bid PcuPosal 7/02!03 KERB COUNTY shall not be liable or responsible for, and shall be saved and held harmless by ~ ~E~aN ~~vNtbinsl Cr,. ~.rC . (Vendor Name) from and against any and all suits, actions, losses, damages, claims, or liability of any character, type or description including any cisim for subrogation by any insurance cazrier, 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 o$ or occasioned by, directly or indirectly, the performance of ~ ~ ~/+~ ~ 7 ~u~n 6/~ _~ • ~/JC - (Vendor Namej 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 section is an indemnity extended by (.y{.t=1~n~ ~Ium bin~r ~C, . =„/c . Vendor Name) to indemnify and protect KERB COUNTY from the consequences of KERR COiINTY's own negligence, whether the negligence is the sole or contributory cause of resultant injury, death or damage. inde®iry Doaimrna 7/02/03 BID ON PLUMBING 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 Yip specifications and conditions. Total Repair Cost above $100.00 must have the Building Maintenance Supervisor's approval. We also reserve the right to price parts separately. hrstallations are subject to review and are not automatically included in this bid. REGULAR WORKING HOURS: 8 : ~ A M - 5 : o ~ ~~'` PLUMBER CHARGE PER HOUR 'J ~ - 5 v HELPER CHARGE PER HOUR ~ le ~ a~ OVERTIME WORKING HOURS: ~ : °° ~"` - 9 : oo P ~. ~ : oo ~M - ~ : °~' Ain PLUMBER CHARGE PER HOUR ~ ~~S • 7.a HELPER CHARGE PER HOUR ~ ~ 3 ~ WEEKEND WORKING HOURS: SAT - ~ J ~ A F7E~ 9 : °"~"` PLUMBER CHARGE PER HOUR I ~ `~ ~ ~ // HELPER CHARGE PER HOUR ~ '-I 3 ~3 HOLIDAY WORKING HOURS: C.z>ta~t. , r HRNf.~ yt vim , L~Soe- ~a-t t ~ a rwro , a( tJa~{ PLUMBER CHARGE PER HOUR J `-~ ~ • CSC ~ ty `f'~~ ~H•e`s-rh.~~l,Ibw ya," HELPER CHARGE PER 72•$Q CHARGE FOR COMPONENTS, REPAIR PARTS, AND SUPPLIES: ACTUAL COST PLUS 3 O °~ WARRANTIES: MATERIALS/PARTS 9O~Ay5 0,.+iZcpR~2-5 /l~-fCRZ f'cz/~IbwFtx't~ees LABOR ~am~ it-s A-bw~ 1.c~11El~a.~~t )u,+~br1-S ,21U'-~ Mer-~~2lAI gad-49C~-~-~y5 COMPANY NAME ADDRESS PHONE NUMBER ~~o~, ~t-tee {11 SIGNATnU~,R_E- TITLE D D,~ DATE aam r~~nostt~r wak ~roaros STATE OF TEXAS COUNTY OF KERB AFFIDAVIT BEFORE ME, the undersigoed authority, on this day personally appeared m ~ kC A(~115T2GnG- known to me to be the person whose name is subscribed 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 given, offered to give, not intends to give at any time hereafter any economic opportunity, future ennployment, gift, loan, graturiy, special discouar, trip, favor, or service to a public servant in connection with the submitted bid. SWORN TO AND SUBSCRIBED BEFORE ME by the above Affiant, who, on oath that the facts contained in the above are true and correct, this ~~ ~' day of _ tEONA B. WILLIAMS MV COMMIS;>IC!d ErcPIRES /~~~~~ . - ~, lX~t' SepWmbar 1 t, 2008 b (c(/7GC/ No 'try Public State of Texas NOTE: BIDS NOT ACCOMPANIED BY THIS AFFIDAVIT WILL NOT BE CONSIDERED. The County of Kerr does nar discriminate on the basis of race, color, national origin, sex, religion, age and disability in employment or the provision of services. AeSarernent 7/02!03 In the event that either party commits any material breach of this Agreement including, ~t~thout 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 INDEPENDENT CONTRACTOR: Master Service Agreement 7/02/03 Zf/lelaa ~luorc~ury ea. , ~eu. CONTRACTING -SALES -SERVICE ~ Mike Armstrong Estimator/ Field Supervisor 2104 Memorial Blvd. Kerrville, Texas 78028 General Offices Fax Service Dept 830-257-2104 830-257-2124 830-896-2105 ~~~` ~n ~'~ ~ ~ l ~~ ~~'~ ~ ~ ~~s~ .f KERR COUNTY, TEXAS BID PROPOSAL Date: Bid Date: / l - i 4 -aoo s Time: !c R . M . Opening: Kerr Count~+ 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 /1fm 'TAxES (s1.'«. ,6~ cf/,taf,-E~ ~~ F7'E ~.tici`.J6- S~Ic..~nl0n1 -R,,.°~ r;,J~ R~aIP sNeE~ Sealed proposals will be accepted by the Kerr County Commissioners' Court in accordance with the attached specifications. Deliver/Completion will be made DII or before / /' .3O _20~~ The equipment will be new and will meet the gener¢i specifications. KERB COTJNTY COMMISSIONERS' COURT RESERVES THE RIGHT TO ACCEPT ANY QUALIFIED BIIJPROPOSAL OR REIECT ALL BII3S/PROPOSALS. Company: H.tt~ Cc~U.JT~2 E5T Coaf>-~e~r NOTE: USE THIS FORM ONLY. ADDITIONAL INFORMATION MAY BE ATTACHED. 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. By: a .~ i, OccJn/eR. Title Address: .~S Fi2A//G/5Ga .CC'moS Keel i/;~,~Tx. ~80~8 Phone: ~ 30) N ~( -~ Go Fax No.: C~'~a' c~ 89(0 ' SFo ~ 3 c~~ spa rtopma, vroz,os KERB COUNTY shall not be fiable or responsible for, and shall be saved and held harmless by f~i_ ;w ~ ~/T~RY /~'S~ ~.~/7R off. (Vendor Named 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 Lfl~ C'ovnrr~ey EST Lc~JTRc~, (Vendor Namej under this agreement, including claims and damages arising in whole or in part from the negligence of KERB COUNTY. It is the expressed intent of the parties to this Agreement that the indemnity provided for in this section is an indemnity extended by ~i'~~ CeuN7~y pE57 ~+.~T2o~, (Vendor Named to indemnify and protect KERR 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. ~r o 7/02/03 STATE OF TEXAS COUN'T'Y OF KERB AFFIDAVIT BEFORE ME, the undersigned authority, on this day personally appeared R ~ +~Z irJs /< 1 known to me to be the person whose name is subscribed 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 pers~ 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. ~ a,.~,~ SWORN TO AND SUBSCRIBED BEFORE ME by the abo Affiant, who, on oath states that the facts contained in the above are tme and correct, this day of _ ~ ~ • 2005 . 'fir ~~' TINANALKERSINJ ' +1? ~', Notary Public, Stan of Traces >*~,.~~~' *. ~~yh, Canmission Expvea ••:;loi:~ TUNE 9.2008 l~n Notary Public State of Texas Names Signed m Telephone Number: ~> 1'~ '~/> ^~?D/~ Dater ~ "~S 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. nr5aava Provos MASTER SERVICE AGREEMENT This Agreement entered into as of/,.day of ~E,I+iaEK , 20 Rte, by KERB COUNTY ("County")and k}i/,1. C~U,JTK~ PESTCnn.'TROli ("Independent Contractor"). In consideration for the mutual promises wntained 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 Independern 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 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 wmpensation 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 standazds, 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 chazge 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: I) 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 cazrY such insurance as may be reasonably requested by KERB COUNTY, including, but without limitation, the following types and limits: Master Service Ap~eemerrt 7/02/03 Automobile $500,000.00 each accident Combined Single Liabihty $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 }3 Employers Liabiliiy 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 similaz 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. 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 LOSS OR DAMAGE, OR ANY CIV[L 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 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 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. Maher service AgcemeM 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 aze 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 KERB COUNTY. XIIL 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 KERR 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 awazd to another bidder or purchase the goods and/or services elsewhere and chazge 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 parry, 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 similaz work. KERR COUNTY BY INDEPENDENT CONTRACTOR: Master service A®reemefrt 7/02/03 COUNTY BUILDING CONTACTS: Call Glenn na, 896-9016 before you start service. ~~$~° • COURTHOUSE Mo. 700 MAIN St. Kerrville, TX 78028 ~ gr, Da • SHERIFF'S OFFICE & JAIL /~'~~• 400 Clearwater Paseo Kerrville, TX 78028 ¢,ZSDO • EXTENSION OFFICE /nO • 3655 Hwy 27 Kerrville, TX 78028 ~ g0.00 • H.C. YOUTH EXHIBIT CENTER rn0 • 3705 Hwy 27 Kerrville, TX 78028 Y ~o,eo• ANIMAL CONTROL /n0• 3317 Loop 534 Kerrville, TX 78028 30.Oo • JP#4 & TAX ANNEX (INGRAM) h7o. 216 State Hwy 27 Ingram, TX 78025 ~ $p,pp • ADULT PROBATION -This building is part of Thad m0. Ziegler Glass Co. 431 Quinlan Kerrville, TX 78028 5a,ao • Juvenile Detention Center m~• 3501 Legion Dr. Kerrville, TX 78028 'f 75, o ~ DER mo. F•, ~, ~ a~ i,C ~ ; ~ ~s sNo w,J ~48t /E BID ON PEST CONTROL SERVICE WORK FOR KERB COUNTY Note: Use this fonn for the bid. Additional information maybe attached. Submission of a bid notes that the vendor certifies agreement to all the specifications and conditions. Total 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: TECHNICIAN CHARGE PER HOUR NSA HELPER CHARGE PER HOUR N ~y OVERTIME WORKING HOURS: TECHNICIAN PER HOUR HELPER CHARGE PER HOUR /d~ A WEEKEND WORKING HOURS: /f ~A TECHNICIAN PER HOUR M~ fl HELPER CHARGE PER HOUR /~ ~ R HOLIDAY WORKING HOURS: N /% . TECHNICIAN CHARGE PER HOUR N F} HELPER CHARGE PER HOUR CHARGE FOR COMPONENTS, REPAIR PARTS, AND SUPPLIES: ACTUAL COST PLUS _~ ~~_% WARRANTIES: MATERIALSlPARTS / lYT p nl'TN LABOR. / m2~7-1'/ y,°~,~, COMPA Y NAME ADDRESS PHONE NUMBER r ~ 1{~kRYi`LLE~%X. 98A.Z8 "~~ QuJrllr' SIGNATURE AND TI E ~~' ~ • ~J DATE Bid on Pest Conhnl service work 09/15/04 ~~IIII%8'IIII~~ Hill I:~r,~~tl~i~~ ~~ ~~e ~~. ~~~~~~'~~~ Ilil/ Courthy's OZdest IIIIIIIIIIIIIIIII 305 Lemos Street Hondo, Texas San Antonio, Texas PO. Box 1388 Kerrville, Texas 78028 Phone (830) 460-7733 Phone (210) 460-7734 Bandera, Texas Phone (830) 896-4700 1-800-291-PEST 1-800-291-PEST Phone (830) 796-3063 1-800-291-PEST 1-800-291-PEST HILL COUN'T'RY PES"I' CONTROL SERV[CG AGREGDiEN'C The ahoee n;tmcd HILL COUNTRY PES"P CONTROL office (hereinafter refen~ed to as HILL COUNTRY PEST CONTROL) agrees to proeide pest control service by application of properamh~ol measures for the following named pests: ROACHES. SCORPIONS. SILVERFISH, SPIDERS, RATS and MICE ADDITIONAL PESTS The customer serees that the premises will be made aeailuhle for the lurnishm~ of pest amtrol sere ice. Service v~ill be rendered on a regular ba,111. The professionals at Hill CounU}~ Pest Control have determined that the chemicals usedure hiude~~radablc:u~d lose theirefficlencti~. It is necessary to service your home every 90 days, otherwise you will ~ old war wan'unty. This agreement remains in force for one year. If customer cancels this ~ISreement before the full year is fulfilled, a charge of the total of the remaining cuntruct ~~ill be rendered to HILL COUNTRY PEST CONTROL. This agreement covers only pests specified above. Should the customer request sere ices on pests other than those above, there will be additional charges for extra services. Hill Country Pest Control cannot be responsible for stings, bites or illness resulting from any pest. SPECIAL SERVICE INSTRUCTIONS: EXCLUSIONS: Purchaser Mail Addr city '~P_,VrV I ~je Description of Property City Date Effeca ve Represenutti yc For thisser~icethecustomerpromisestopuv t o0 HILL COL"N1'Rl"PEST CONTROL the sum of ~ ,700 • ~q'uf Yourinitialim~estmcntof$ 7 ~ },T~~ and _~~___installmentoP$ _~l- _~~, °p _ Date lf- I~-~5 i iu3luma ~s n, o'a ncr ~ ii ~nat~r~ I STRUCTURAL PEST CONTROL BOARD P.O. Box 1927 • Austin, Texas 78767-1927 • Tel (512) 305-8250 The Board has jurisdiction over individuals under the Structural Pest Control Act. .-Aherune vcarnt service.m this enntract the ~ercicc ~~, III enntinue un us Stated uboee without the re-signing of a ne~a cnntrac[ nnr a ^c~a initial charge. At the reyvest of the customer, thi> cuntruct is transleruble to a new residence of the said purchaxr; ,object to change in charges for service. it su needed due n, aize of prn~iertq :md pests to he amtrolled. CONFIDENTIAL INFORMATION wi~~ sE suss cTR~o ALOS aER av E cHaRGE. H~~ C~ . ~~,t ~~~ ~~ ,~p5' ~ ~~~~ ~ ,~ ~, ~ ~~ ~ Rl_. - PE ~~ R~ K¢ ~.~. ~~~~-y G~~~K ~L~~-rY TERM/N/X The Nationwide Pest Control Experts 3100 Memorial Boulevard Kerrville, TX 78028 Telephone: 830/257-8233 Toll Free: 1-888/522-9574 Fax: 830/896-2209 October 18, 2005 Mr. Glen Holekamp Building Maintenance Supervisor Kerr County Facilities Use & Maintenance 700 Main Street, Suite CB 103-A Kerrville, TX 78028 Deaz Mr. Holekamp, Thank you for the opportunity to provide the attached proposal to continue pest control services at the Kerr County facilities for the next year effective October 200. As you will note, the cost for service for each building remains as it has been for the past three years. Due to issues at the jail facilities, a small extra service charge for call backs to the jail remains as it was last year also. Our technician, Chris Saunders, is a certified applicator and will continue to provide the services as he has the past four years. He is familiar with the schedule requirements, personnel at your facilities, and the unique pest treatment issues involved. This will provide continuity for those specific situations. Of course, at any time, you may contact me with any concerns that may arise. Communication between us is a very important key to ow ability to address any problems that may occw. You can rest asswed that we continue to provide our technicians with on-going training, and our concern is always your staffs safety while providing a pest free environment. The Terminix service guarantee is the most comprehensive in the business and we will always remain on the job until you aze completely satisfied . Our goal is to eliminate the concern for the pest control from yow job. We value yow business and hope to continue this service and relationship with Ken County. If you have any questions or would hke to discuss the information attached, please contact me at yow convenience. I'll look forwazd to yow reply. Since ly ent W. ~ and Owner/President KERR COUNTY FACILITIES PROPOSAL FOR MONTHLY PEST CONTROL SERVICE EfFective -October 2005 MONTHLY SERVICE FOR THE FOLLOWING LOCATIONS: COURTHOUSE: SHERIFF'S OFFICE, JAIL, & JP#2 EXTENSION OFFICE ADULT & JUVENILE PROBATION HILL COUNTRY YOUTH EXHIBITION CENTER ANIMAL CONTROL JP#4 & TAX ANNEX - INGRAM JUVENILE DETENTION CENTER (2 Buildings) $95.00 $95.00 ($30 for extra services for unlisted pests) $25.00 $95.00 $95.00 $45.00 $25.00 $95.00 $5'70,00/month TOTAL ANNUAL COST: $6,840.00 TM CERTIFICATE OF LIABILITY INSURANCE oaiz9j2 0 ' PRODUCER (214) 526-5646 FAX (214) 526-6926 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dexter & Company ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 3601 Cedar Springs Rd. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. "~llas, TX 75219 annon McCay INSURERS AFFORDING COVERAGE NAIC # INSURED Kent Bond, LC DBA INSURER A: gmerican Automobile Insurance 21849 ABC Termi nix Termite & Pest Control INSURER B: 3100 Memorial Blvd wsuRERC: Kerrville, TX 78028 INSURER D: INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANV REpUIREMEN7, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAV BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT 70 ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOW N MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DD' TYPE OFINSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY MZ000005902 05/01/2005 03/01/2006 EACH OCCURRENCE a 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED E 100,000 CLAIMS MADE ~ OCCUR MED EXP (Any one person) E 3 ,DDD A X 31,000 BI/PD DED PERSONALBADVINJURY $ ]„DDD,000 GENERAL AGGREGATE E 2 ,DDD /DDD GEN'L AGGREGATE LIMIT APPLIES PER' PRODUCTS-COMPIOP AGG $ Included POLICY PRO LOC JECT AUT OM081LE LIABILITY MZA00003902 D3~D1~2DD3 D3~D1~2DD6 COMBINED SINGLE LIMIT $ ANY AUTO (Ea acc10enfj 1 . DDD. DDD ALL OWNED AUTOS BODILY INJURY X SCHEDULED AUTOS (Per person) $ A X HIRED AUTOS BODILY INJURY E X NON-OW NED AUTOS (Pet accitlenU PROPERTY DAMAGE P dtl E ( er ac enl) GARAGE LIABILITY AUTO ONLY ~ EA ACCIDENT E ANY AUTD EA ACC OTHER TNAN E AUTO ONLY: AGG E EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR ^ CLAIMS MADE AGGREGATE $ E DEDUCTIBLE $ RETENTION S g WORKERS COMPENSATION AND ' WC STATU- OTH- EMPLOYERS LNBILITV ANY PROPRIETOR/PARTNERIEXECUTI`JE E.L. EACH ACCIDENT b OFFlCERIMEMBER EkCLUDED4 E.L. DISEASE-EA EMPLOYE S If yes, tlesclibe untler SPECIAL PROVISIONS below E.L. DISEASE-POLICY LIMIT b OTHER DESCRIPTION OF OPERATIONS I LOCATIONS VEHICLES / E%CLUSIONS ADDED BV ENDORSEMENT I SPECIAL PROVI SIONS err County is an Additional Insured, but only with respect to liability arising out of operations of Named Insured. waiver of Subrogation in favor of Kerry County, it's representatives,.county issioners, officers, partners, employees, agents, customers and invitees where required by contract Kerr County Courthouse Maintenance Department Attn: Glenn Holekamp 700 Main St Kerrville, TX 78028 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION GATE THEREOF, THE LSSUING INSURER WILL ENDEAVOR TO MAIL lO DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LLiBllTrf AUTHORIZED REPRESENTATIVE ~/} l !'....a~~/f YAAIAIl1 /1~~~6 ACORD 25 (2001/08) ©ACORD CORPORATION 198 IMPORTANT If the certificate l;older is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate 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 does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001108) KERB COUNTY, TEXAS BID PROPOSAL Date: _ ;~% -/~-OS Bid Date: Time: Opening: Ken Count Courthouse Commissioners' Courtroom Kerr County Texas Kerr County Commissioners' Court Ken County Courthouse Kerrville, Texas Gentlemen: Pursuant to General Specifications listed below and/or attached, the undersigned makes the following officer, F.O.B. Kemille, Texas, with allowable exempt taxes (if applicable), having been removed from bid price. ITEM NO DESCRII''1'ION AMOUNT /~ N cam- ~~ `~zu.-~ ~cz-~ee~ Sealed proposals will be accepted by the Kea County Commissioners' Court in accordance with the attached specifications. Deliver/Completion will be made on or before 20` The equrpment will be new and will meet the general specifications. KERB COUNTY COMMISSIONERS' COURT RESERVES THE RIGHT' TO ACCEPT ANY QUALIFIED BIIJPROPOSAL OR REJECT ALL BIDS/PROPOSALS-7'-' ~~ Company: /~,en'~.J i X >"EsT ~.vnPa~_ By: ~En/T ~J . ~o~~ - ~u~.uc-.~e`/~,Pes. Title Address: ~~,i/oc~ ~c-2ro,e,At i3//d_ /! c°//U///e 7X 7 d'~ ~ a' Phone: ~3o-as7-~~z33 FaxNo.: 830- ~'9/u- a,~o9 NOTE: USE THIS FORM ONLY. ADDITIONAL INFORMATION MAY BE ATTACHED. The Coumy of Kea does not discriminate on the basis of race, color, national origin, sex, religion, age and disability in employmcet or the provision of services. cmenl sa »opas~ 'N02I03 KERB COUNTY shall not be liable or responsible for, and shall be saved and held harmless by /c~'/~'linliX ~ T ~ac~>.E~aG vendor Namel 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 tamer, 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 o$ or occasioned by, directly or indirectly, the performance of ~~'~~%~f.X ~T ~.cJla°vt (Vendor Named under this agreement, including claims and damages arising in whole or in part from the negligence of KERR 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 /~.P.~/%t/.:t' /"~~T ~~/~ t- Vendor Named to indemnify and protect KERR COUNTY from the consequences of KERR COUNTY's own negligence, whether the negligence is the sole or contributory cause of resultant injury, death or damage. r~ny o ~mvo3 MASTER SERVICE AGREEMENT This Agreement ernered into as f / Ad~a of C~TO~t.~ , 2005 by KERB COUNTY ("County") and 7~,P.+'/i•~iX ~~T CO.UT.ec7[_ ("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 Contrnctor to KERB COUNTY whether presently in progress or furnished fiom time to time in the future. Independent Contractor shall diligernly perform all work in a skillful and workmanlike manner. II. Independern 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 documem. There shall be no increase in the compensation unless authorized by KERB COUNTY in writing. III. WARRANTIES Independern 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 standazds, 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 famishing goods under this Agreement, Independent Contractor shall act at all times as an Independent Cornractor. Independent Contractor 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 Comractor, being: I) an employee, agent or representative of KERR COUNTY; or 2) entitled to any benefits from 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 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 incnrance as may be reasonably requested by KERB COUNTY, including, but without limitation, the following types and limits: Master Service AgeemerLL 7102/03 Automobile $500,000.00 each accident Combined Single Liability $500,000.00 each accident Uninsured/Underinsured Motorists Combined Single Liability All okved, nonowned, hired and all vehicles used by Independent Contractor with a wmbined single limit of $500,000.00, covering personal injury (including bodily injury and property damage) Commercial and ComQrehensive 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 similaz type insurance with similaz type limits. KERR COUNTY shall be named as an additional insured on all policies where available and Certificates of such insurance shall be famished 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 Independe~ Contractor. VI. INDEPENDENT CONTRACTOR SHALL PROTECT, DEFEND, INDEMNIFY AND HOLD HARMLESS KERB COUNTY AND ITS REPRESENTATIVES, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, COUNTY COMMISSIONERS, AND COUNTY NDGES, 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 INNRY), 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 Comractor hereby waives any and all rights to rewver against KERB 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 Agreeruent 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 Agrcemern aze 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 regazd 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 agreemern 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 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 KERB 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 KERR COUNTY in the event of breach or default of this contract. KERR COUNTY reserves the right to terminate the contract immediately in the evern Independent Coutractor 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 arty contract hereunder shall operate or be construed as a waiver of any future defauh or defaults by the same parry, whether of a like or differern 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 Agreemem shall be deemed valid, binding and still enforceable. Master service Ageement 7102/03 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 sceks redress for such breach. This Agreement and any contract hereunder shall not be considered exclusive wntracts. KERB COUNTY shall have the right to hire others to perform the same or similaz work. KERR COUNTY INDEPENDENT CONTRACTOR: Master Service Ageemeot 7!02/03 STATE OF TEXAS AFFIDAVIT COUNTY OF KERB § BEFORE ME, the undersigned authority, on this day personally appeared ~~.tJY CtJ ~ /~O,tJ.,O (mown to me to be the person whose name is subscribed 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 Lave full Imowledge of the rehuia~ns of the Bidder with the other firms in this same line of business, and the Bidder is not a member of any tnist, 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 nar given, offered to give, nar intends to give at any time hereafter any economic opportunity, firtiire employment, gift, loan, gradiity, special discount, trip, favor, or service to a public servant in connection with the submitted bid. SWORN TO AND SUBSCRIBED BEFORE ME by the above Affiant, who, on oath states that the facts contained in the above are true and correct, this day of _ . 20 Notary Public State of Teams Name of Bidder. >`~~ l~ ~0,~11 c~6 a~ T,P,yt/nJ/,r i"~=ST L'O.uTiPD~ Signed by: ts~ra mwrie~ (T;vc) Aririmec~ .~rAJ C~ ~Fd2o/PiA-L_ /J/vL1 - ~r.'.f',P ~/~/1.~, i~ 7[POb cP Telephone Number: ~,~ -a7 ~ 7- cPy 3 3 Date: NOTE: BIDS NOT ACCOMPANIED BX THIS AFFIDAVIT WII.L NOT BE CONSIDERED. The County of Kerr does not discriminate on the basis of race, color, national origin, seat, religion, age and disability in employment or the provision of services. ntsiaau 7/09J03 The Nationwide Pesi Control ExPeris (..P. TerminiX International ComPanY 3100 Mem°rial BNd. erye Y°u by The Terminix Kerrv~lle,TX7~26 An independent flusineas i1Censed t° s r~~Minr~x Mr_ Glen Holekamp ervisar Building Nlatntenance Sup Maintenance Kerr County Facdifies Use &03 A 700 Main Street, Suite CB Kerrville, TX 78028 ~~ ~~