KERR COUNTY, TEXAS BID PROPOSAL Date: io/z>/o5 Bid Date: Nov 10 2005 Time: Nov 14th @ 10:OOam Opening: Kett Count~+ Courthouse Commissioners' Courtroom Kett County. Texas Ken County Commissioners' Court Kerr County Courthouse Kerrville, Texas Gentlemen: Pursuant to Geaeral 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. # 1 DESCRII'TION Electrical AMOUNT Item # 1 E ec rica Repair Wor Per Attac e Hour y Schedu e 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 10th November 20 O5. 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. Company: D W Electric Co By. David Wahrmund President Title Address: 330 Peterson Dr Kerrville, TX 8028 Phone: 830-257-3739 FaxNo.: 830-257-3740 NOTE: USE THIS FORM ONLY. ADDTI'IONAL INFORMATION MAY BE ATTACHED. The County of Kerr does not discr;m~na*P on the basis of race, color, national origin, sex, religion, age and disability in employment or the provision of services. General Bid rinpaasl 7/02103 BID ON ELECTRICAL REPAIR SERVICE WORK FOR KERB COUNTY NOTE: Use this form for the bid. Additional information maybe attached. Submission of a bid notes that the vendor certifies agrcement to all the speciScatic®s and conditions. Taal Repair Cost above $100.00 must have the Building Maintenance Supervisor's approval. We also reserve the right to price Parts separately. Installations are subject to review a~ 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: ELECTRICIAN PER HOUR $ 7 5.0 0 HELPER CHARGE PER HOUR $ 3 0.0 0 WEEKEND WORKING HOURS: ELECTRICIAN PER HOUR $ 7 0.0 0 HELPER CHARGE PER HOUR $ 3 0.0 0 HOLIDAY WORKING HOURS: ELECTRICIAN CHARGE PER HOUR $ 7 0.0 0 HELPER CHARGE PER $30.00 CHARGE FOR COMPONENTS, REPAIR PARTS, AND SUPPLIES: ACTUAL COST PLUS 2 0 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 1C c~i~£ )IIO~ ~ SIGNATURE AND TITLE David Wahrmund, President to -a-"7-t~~ DATE 2005 aam Elaaw>t~ w~ 7/01M3 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 aged or officer or the principal of the Bidder in the matter of the bids to which this affidavit is attached, aad I have full knowledge of the relations of the Bidder with the other flrnrs 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 discoum, trip, favor, or service to a public serval 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 o? 7 y/L day of _ Oct-obcr ,2005. ~ 11Y I4• ~;::~:~,,~,,, CONNIE S. DIXON =` _ Notary Public, State of Texas ;:~~` ~ My Commission Expires '-:;;~1~;;~' Morch 1S, 2008 Name of Signed b; '~'/_ ~ i x-O'rn/ Notary Public State of Texas Electric Co. (Si@e Name in WriCOg) (title) Address: 330 Peterson Drive Kerrville, TX 78028 (Zip Code) Telephone Number: 8 3 0- 2 5 7- 3 7 3 9 Date: NOTE: BIDS NOT ACCOMPANIED BX THIS AFFIDAVIT WILL NOT BE The County of Kerr does not discriminate on the basis of race, color, national origin, sex, religion, age and disability in employment or the provision of services. affidavit 7/02/03 MASTER SERVVCE AGREEMENT This Agreement entered into as of day of , 20_~ by KERB 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: 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 tune 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 COUN'T'Y 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 KE1tR COUNTY or in the absence of such specifications, generally accepted professional standards, and, where applicable, standards imposed by law 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 Conriactor 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 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 KEItR COUNTY; or 2) entitled to any benefits from KEI2R COUNTY, including, without limitation, pension, profit sharing or accident insurance or health, medical, life or disability insurance benefits or coverage, to which employees of KE1tR 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 COUN'T'Y. V. INSURANCE Independent Contractor shall at all tunes during the terrxt 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 Agrcemen[ 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, nonvwned, 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 Contrnctor. 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 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 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 Agreemert or any other insurance actually carried by Independent Contractor. Independent Contractor shall cause its insurer to issue appropriate waiver of Subrogation endorsements to al] policies of insurance carried in connection with this Agreement. M~~ seMce agreemem 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 parry may cancel this agreement by providing written notice to the other party thirty (30) days prior to cancellation. XIL CONFIDENTIALITY Independent Contractor shall treat as confidential and shall not, without KERB COUNTY'S prior written consent, divulge to any third-party or, except to the extent necessary for performance hereunder, make any use of any of KERR COUNTY'S proprietary technical infomration which is disclosed or made available to Independent Contractor by or on behalf of KERB 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 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 party, whether of a like or different character. It is intended that if any provision of this Agreement is unenforceable for any reason, it shall be adjusted rather than voided, if possible, in order to achieve the intent of the parties. In any event, all other provisions of this Agreement shall be deemed valid, binding and still enforceable. Master Service Agreemart 7/02/03 In the event that either party commits any material breach of this Agreement including, w2thout limitation, any breach of any indemnification obligation, in addition to any other remedy that the aggrieved parry 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 ri rs to perform the same or similaz work. ~~r)~1ERS CO ~~`~~,~'°'~~'``q,G9~ {ERR COUNTY x , f' a ~ ~? ---. - - i t~ .,~ >„^ ;*~..:, ./ '~ NDEPENDENT CONTRACTOR: ir,, r ~::;,w'C~, 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. (Vendor Name) 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 Electric Co. (Vendor Name) 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 Name) to ' ,d"" iy mwm®c 7/02/03 ~~ 0 ~~ ~~ ~d J ~ °m~ Q. 6 0 ~~~~ ~' O ~~'s s ~ O_ ~ a ~~ ~ :~ ~J J J~Q (%" O