KERB COUNTY, TEXAS
NOTICE TO BIDDER
Sealed 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 10th ofNovember
2005. r3ny Proposals received after closing time will be returned unopened. Return
sealed proposals to the County Clerk, Kerr County Courthouse, 700 Main Kerrville,
Texas 78028. Mark outside of envelope "PROPOSAL-ELECTRICAL", "PROPOSAL-
PLUMBING", "PROPOSAL-HVAC", or "PROPOSAL-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 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.
Geaecal Notice
010!07/05
BIDr ON HVAC (HEAT AND AIR) 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 certiSes agcement to all the speciScations and
conditi~s.
Total Repair Cost above $100.00 must have the Building Maintenance Supervisor's approval. We
also reserve the right to price parts separately.
Installations are subject to review and are not automatically included in this bid.
REGULAR WORKING HOURS:
TECHNICIAN CHARGE PER HOUR ~~„ZS ~-
HELPER CHARGE PER
OVERTIIVIE WORKING HOURS:
TECHNICIAN PER HOUR :~'~~, c°
HELPER CHARGE PER HOUR `
WEEKEND WORKING HOURS:
TECHNICIAN PER HOUR ~ 7!~ , °c'
HELPER CHARGE PER HOUR -
HOLIDAY WORKING HOURS:
TECHNICIAN CHARGE PER HOUR :~ R5, ""
HELPER CHARGE PER HOUR
CHARGE FOR COMPONENTS, REPAIIL PARTS, AND SUPPLIES:
ACTUAL COST PLUS ,fib
WARRANTIES:
COMPANY NAME
- s ~~ar 5
ADDRESS
SI TURE TITLE
PHONE NUMBER
DATE
Bid m HVAC Rape service Wak
7/02/03
KERR COUNTY, TEXAS
BID PROPOSAL
Date: ~nVfi~,~-F~ / ~o'~
Bid Dat~~~w^~~ 3 ~~~ 5
Time: s~t'i'~
Opening errKerrK Count~+ Courthouse
Commissioners' Courtroom
Kerr County. Texas
Ken 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
~~~ ~
Sealed proposals will be accepted by the Kerr Coumy Commissioners' Court in accordance with
the attached specifications.
Deliver/Ca~mpletion will be made on or before~G'~*~-~ ~~ 20 ~-~ The
egwpmeot will be new and wi11 meet ffie general specifications.
KERB COUNTY COMMISSIONERS' COURT RESERVES THE RIGHT TO ACCEPT ANY
QUALIFIED BIIJPROPOSAL OR REJECT ALL BIDS/PROPOSALS. ~/1~
Company: Qr~n tTIN LUOUIv~F
By: K~E,AN Lxln ~,. ~~1~ MAN.
Titl
Address: 1.~~ bRNDf.-RLI- J~
Phone: ~3b 79~ -3943
FaxNo.: f~3D- 79a -399f~
NOTE: USE THIS FORM ONLY. ADDITIONAL INFORMATION MAYBE ATTACHED.
The County of Kerr does not discr;*n~*+a*P on the basis of race, color, national origin, sex, religion,
age and disability in employment or the provision of services.
om~ sia tto~~t
7!02/03
KERB
harmless by
and all suits, actions, losses, damage`s,
from and against any
of any character, type or
description including any claim for subrogation by any insurance canier, 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 rty, an~ gout ol,
or occasioned by, directly or indirectly, the performance of ~~
endor Name under this agreement, including claims and
damages axis in whole or in part from the negligence of KERB COUNTY.
It is the expressed intent of the parties to this m t that the ' der 'ty provided or
in this section is an indemnity extended by --~ ~'
(Vendor Namel to indemnify and protect KERB COUNTY from e
consequences of KERB COUNTY's own negligence, whether the negligence is the sole
or contributory cause of resultant injury, death or damage.
for, and shall be saved and held
rtyo~~
7/OY03
STATE OF TEXAS
COUNTY OF KERB
AFFIDAVIT
B~~ ~ ~~ e unL/~/ers~ authority, on this day personally aPPce~
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 employment, giR, loan, gratuity, spacial discount,
trip, favor, or service to a public servam in connection with the submitted bid.
Affiant
SWORN TO AND SUBSCRIBED BEFORE ME by the above Af6ant,. on oath
sta, tes~ the facts c"ontained in the above are true and correct, this _t, ~a y of _
~iµr e,y, NAOMI SOLIS
*®a NOTARY PUBLIC
STATE OF TEXAS
~•
''E' or ~ My Comm: Expires 10.05401
Name of
Signed b;
Telephone
-79~-3 g
it llJ'4'~--' .~d~0~~'
Notary Public
State of Texas
J,?r~o~
NOTE: BIDS NOT ACCOMPANIED BX THIS AFFIDAVIT WILL NOT BE
CONSIDERED.
The Cou~y of Kerr does not dlscriminarr on the basis of race, color, national origin, sex,
religioq age and disability in employment or the provision of services.
neaaa.M
nozros
MASTER SERVICE AGREEME//NT
This Agreement ent r mt9 as of day of ~Ovz r-/w~' 20 S by KERB COUNTY
("County's and ~r~/n k T7NC~ ~ pL~ I N C-~ ("independent Contractor").
In consideration for the mutual promises contained herein, and other good and valuable
consideration, the receipt of which is hereby acknowledged, the parties agree as follows:
I, PERFORMANCE OF WORK
This Agreement shall apply to all services and goods provided by Independent Contractor to KERB
COUNTY whether presently in progress or furnished from time to time in the future. Independent
Contractor shall diligently perform all work in a skillful and workmanlike manner.
II. COMPENSATION
Independent Contractor shall be entitled to such compensation as specifically authorized by KERB
CO UNT'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 m the compensation unless authorized by KERR COUNTY in
writing.
III. WARRANTIES
Independent Contractor shall perform all work with due diligence, in a good and workranlike
mariner and in accordance with specifications provided by KERB COUNTY or in the absence of such
specifications, generally accepted professional standards, and, where applicable, standards imposed by law
for comparable or similaz services. Independent Contractor warrants that the goods delivered under this
Agreement will conform to the specifications provided by KERB COUNTY, if any, and that the goods will
be merchantable, of good workmanship and material, free from defect and fit for their intended purpose.
Except as otherwise specifically agreed, Independent Contractor shall provide all labor and skills, and all
equipment, machinery, materials, and supplies necessary for the performance of such work.
IV. INDEPENDENT CONTRACTOR
In perfornting services or furnishing goods under this Agreement, Independent Contractor shall act
at all times as an Independent Contractor. Independent Contractor shall not make any commitment or incur
any chazge or expense in the name of KERR COUNTY. Independent Contractor expressly agrees,
aclmowledges 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 KERR COUNTY; or 2) entitled to any benefits from
KERB COUNTY, including, without limitation, pension, profit sharing or accident insurance or health,
medical, life or disability insurance benefits or coverage, to which employees of KERR COUNTY may be
entitled. KERR COUNTY shall have no direction or control of Independent Contractor or its employees
and agents except in the results to be obtained. The actual performance and superintendence of all work
shall be by Independent Contractor, but such work shall meet the approval of KERB COUNTY.
V. INSURANCE
Independent Contractor shall at all times during the term of this Agreement at Independent
Contractor's sole expense carry such insurance as may be reasonably requested by KERB COUNTY,
including, but without limitation, the following types and limits:
Master Service Agreement
7/02/03
Automobile
$500,000.00 each accident Combined Single Liability
$500,000.00 each accident Uninsured/Underinsured Motorists Combined Single Liability
All owned, non-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.)
Commercial and Comprehensive Liability
$1,000,000.00 General Aggregate
$1,000,000.00 Products/Completed Operations Aggregate
$1,000,000.00 PersonaUAdvertising Injury
$1,000,000.00 Each Occurrence
Worker's Compensation Insurance
Part A Texas Statutory Medical, Indemnity, AD & D
Part B Employers Liability
100,000 Per Person Per Accident
100,000 Per Person Per Disease
500,000 Policy Aggregate -Disease
Any subcontractors of the undersigned Independent Contractor shall be required to maintain similar
type insurance with similaz type limits. KERB 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 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 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 Agreement or any other insurance actually carried by
Independent Contractor. Independent Contractor shall cause its insurer to issue appropriate waiver of
Subrogation endorsements to all policies of insurance carried in connection with this Agreement.
Master Service Agreement
7/02/03
VIII. VENUE
This Agreement is be construed under the laws of the State of Texas and all obligations of
the parties created by this Agreement are performable in KERB COUNTY, Texas.
IX. PRIOR AGREEMENTS SUPERCEDED
This Agreement constitutes the parties sole agreement and supersedes any prior
understandings or written or oral agreements between the parties with respect to insurance or
indemnification. This Agreement does not waive any terms or conditions with respect to prior
contracts, bids, purchase orders, requests for proposals (RFP), except with 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 KERB
COUNTY'S prior written consent, divulge to any third-parry or, except to the extent necessary for
perforrr><.urce 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
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. 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 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 parry in the
performance of this Agreement or any contract hereunder shall operate or be constnred as a waiver
of any future default or defaults by the same party, whether of a like or different character.
It is intended that if any provision of this Agreement is unenforceable for any reason, it
shall be adjusted rather than voided, if possible, in order to achieve the intent of the parties. In any
event, all other provisions of this Agreement shall be deemed valid, binding and still enforceable.
Master Service Agreement
7/02/03
In the event that either parry commits any material breach of this Agreement including,
~a2thout limitation, any breach of any indemnification obligation, in addition to any other remedy
that the aggrieved party may have, at law or in equity, it shall be entitled to recover all costs,
including court cost and attorney's fees, incurred in any proceeding wherein the agreed party seeks
redress for such breach.
This Agreement and any contract hereunder shall not be considered exclusive contracts.
KERB COUNTY shall have the right to hire others to perform the same or similar work.
l~ RS.~ KERR COUNTY
'°~ P }
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a~`'.:"+, ~ ~ INDEPENDENT CONTRACTOR:
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Master Serviw Agree~ven[
7/02/03
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