ORDER NO. 30788 MAINTENANCE BIDS FOR PEST CONTROL, HVAC AND ELECTRICAL Came to be heard this the 14th day of April, 2008, with a motion made by Commissioner Letz, seconded by Commissioner Baldwin. The Court unanimously approved by vote of 4-0-0 to: Approve the recommendations of the Maintenance Director to accept the annual primary bidders as follows, and authorize the County Judge to sign Contracts for same: 1. Hill Country Pest Control for pest control services 2. Compton's of Kerrville for HVAC 3. D. W. Electric Co. for electrical services And if not available, then the Maintenance Director is allowed to contact the other vendor sources in order to get the work accomplished. l• ~ a o~ ~ ~ COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND TEN (10) COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT MADE BY: Tim Bonier MEETING DATE: April 14, 2008 OFFICE: Kerr County Maintenance TIME PREFERRED: SUBJECT: Consider, discuss and take appropriate action to approve the Pest Control, HVAC and Electrical contracts as recommended by the Maintenance Department supervisor after review of the bids submitted, and authorize County Judge to sign same. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: Tim Bonier ESTIMATED LENGTH OF PRESENTATION: 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: THIS REQUEST RECEIVED BY: THIS RQUEST RECEIVED ON: 5:00 PM previous Tuesday @ .M. 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 Rules Adopted by Commissioners' Court. i Date: Bid Date: Time: Opening: Kerr Crnmty Commissioners' Court Kerr County Courthouse Kerrville, Texas 78028 To Whom It May Concern: KERB COUNTY, TEXAS BID PROPOSAL j~P;?4~YiGlfi~ C~rtC~c~- February 25, 2008 9:30 AM Kerr County Courthouse. Commissioners' Court Kerr County, 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. ITEM NO. DESCRIPTION AMOUNT 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 ,~ ~ ~ - ~~ The equipment will be new and will meet the general specifications. KERR COUNTY COMMISSIONERS' COURT RESERVES THE RIGHT TO ACCEPT ANY QUALIFIED BID/PROPSAL OR REJECT ALL BIDS/PROPOSALS. Company: ft~ ~/ ~y~~~~ ~ r{~` (.,.~'~'~".`~~~/ By: ~>Cr~K ST~'yy,~bR+~ ~~~¢. vi c ~' /~'>a'~,o ~ ~'~ Title Address: ~oS L f s3+ d,, _~ /~t ~ J2 t0~' G ~ ~' ~X Phone: ~ ~'(~ - ~7UCG Fax No.: e1G ~- ~~/3 NOTE: USE THIS FORM ONLY. ADDITIONAL INFORMATION MAY BE ATTACHED. Kerr County 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 Proposal 1 /4/08 BID ON PEST CONTROL 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 the specifications and conditions. Bid price to be based on amount charged Per Facility/Per Month. COURTHOUSE: SHERIFF'S OFFICE: EXTENSION OFFICE: EXHIBIT CENTER: ANIMAL CONTROL: JP #4 INGRAM: ADULT PROBATION: ~ Slv. o0 ffO. ao ~ ~S:OD ~ ~ ~_ ~= .~ ~~ a~~ ~~ l~~~y ~n JUVENILE DETENTION: ~ ~. ~~D JP #2 -CENTER POINT: ~ ~ 5~. ~ Company Name ~ Address Signa re and T tle Date y~~b Phone Number ~.~®~~~. General Bid Proposal 1 /4/08 STATE OF TEXAS § COUNTY OF KERR § AFFIDAVIT BEFORE ME, the undersigned authority, on this day personally appeared ~~~a.>\-. ~t~~~ 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, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with the submitted bid. ~l~ f ~~ ~~~. Affiant 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~. ....., :.~,:~(.fi•.~ ~'INAWILKERSON ~^ •+~.' •:E' • Natary Public, Stan of T~ ~ - -~-~ ~ ,C~,~ ~ ~ ~-'"---, -~;~: ~Y ~mieabn Exppins Notary Public * ~ JUNE 9.2008 '•••• • State of Texas •....•• _ Name of Bidder: Ca /~ ~~, „ ~p ~ rf ~~~~6 ~ ~ i A Signed by: - -_ - __ (Sign Name in Writing) >i Address: 3o S" ~..4.~ use. lCH`c r ~~~,~v~ ~~P X 7~v~~ Telephone Number: ~~ v ~t ~ --- y 7c~ ~ Date: / - 3cU - o ~= NOTE: BIDS NOT ACCOMPANIED BY THIS AFFIDAVIT WILL NOT BE CONSIDERED. Kerr County does not discriminate on the basis of race, color, national origin, sex, religion, age and disability in employment or the provision of services. Affidavit 1/4/08 MASTER SERVICE AGREEMENT This Agre ment entered into s of day of 20 by KERB COUNTY ("County") and ~~ 1 ~~ ~2 ~/ ~~ ST ~~~ ~ ~ ("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: L PERFORMANCE OF WORK This Agreement shall apply to all services and goods provided by Independent 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 KERR COUNTY in writing, which may be in the form of a contract, purchase order, work authorization or other written document. There shall be no increase in the compensation unless authorized by KERR 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 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 KERR COUNTY, if any, and that the goods will be merchantable, of good workmanship and material, free from defect and fit for their intended purpose. Except as otherwise specifically agreed, Independent Contractor shall provide all labor and skills, and all equipment, machinery, materials, and supplies necessary for the performance of such work. IV. INDEPENDENT CONTRATOR 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 charge 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 Independent Contractor, being: I) 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 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 KERR COUNTY. Master Service Agreement 1/3/08 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: Automobile $500,000.00 each accident Combined Single Liability $500,000.00 each accident Uninsured/Underinsured Motorists Combined Single Liability All owned, non-owned, hired and all vehicles used by Independent Contractor with a combined single limit of $500,000.00, covering personal injury (including bodily injury and property damage.) Commercial and Comprehensive Liability $1,000,000.00 General Aggregate $1.,000,000.00 Products/Completed Operations Aggregate $1,000,000.00 Personal/Advertising Injury $1,000,000.00 Each Occurrence Worker's Compensation Insurance Part A Texas Statutory Medical, Indemnity, AD & D Part B Employers Liability $100,000.00 Per Person Per Accident $100,000.00 Per Person Per Disease $500,000.00 Policy Aggregate -Disease Any subcontractors of the undersigned Independent Contractor shall be required to maintain similar type insurance with similar type limits. KERB COUNTY shall be named as an additional insured on all policies where available and Certificates of such insurance shall be furnished by Independent Contractor and any subcontractors where applicable to KERR COUNTY. The types of coverage or limits may be modified only by written agreement between KERR COUNTY and Independent Contractor. VI. INDEMNITY INDEPENDENT CONTRACTOR SHALL PROTECT, DEFEND, INDEMNIFY AND HOLD HARMLESS KERR COUNTY AND ITS REPRESENTATIVES, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, COUNTY COMMISSIONERS, AND COUNTY JUDGES, ETC., FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS AND CAUSES OF ACTION ASSERTED BY ANY PARTY (INCLUDING, BUT NOT LIMITED TO, EMPLOYEES OF INDEPENDENT CONTRACTOR AND KERR COUNTY) THAT ARISE OUT OF OR ARE RELATED TO WORK AND ARE CAUSED BY OR ARISE OUT OF INDEPENENT 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 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 Master Service Agreement 1/3/08 Independent Contractor. Independent Contractor shall cause its insurer to issue appropriate waiver of Subrogation endorsements to all polices of insurance carried in connection with this Agreement. VII. VENUE This Agreement is 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 supercedes any prior understandings or written or oral agreements between the parties with respect to insurance or indemnifications. 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. CONFIDENTIATLITY 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 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 KERB COUNTY reserves the right to enforce the lerformance 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: (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 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 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 Agreement 1/3/08 In the event that either party commits any material breach of this Agreement including, without limitations, 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. KERB COUNTY ..----' INDEPENDENT CONTRACTOR: DATE: Master Service Agreement 1 /3/08 INDEMNITY AGREEMENT KERB COUNTY shall not be liable or responsible for, and shall be saved and held harmless by ~j~~~~ar/~/r ~,~7`~~~/endor Name) 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 persons or procp-er~ly, aris~ii'ng out off, or occasioned by, directly or indirectly, the performance of ~j~~~~v~~J 1'rr„y~' (.~~^~~L~~(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~greement t,~at th inderjnnity provided for in this section is an indemnity extended by /~/(,,~~'~~ GSlr~,~'J~'~Vendor Name) 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. Indemnity Agreement 1 /3/08 KERR COUNTY, TEXAS BID PROPOSAL Date: Bid Date Time: Opening: Kerr County Commissioners' Court Kerr County Courthouse Kerrville, Texas 78028 To Whom It May Concern: fIVAC C'A; nt1G c~ February 25, 2008 9:30 AM Kerr County Courthouse_ Commissioners' Court Kert~County, 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. ITEM NO. ESCRIPTION AMOUNT 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 ~ ~ ~ The equipment will be new and will meet the general specifications. KERR COUNTY COMMISSIONERS' COURT RESERVES THE RIGHT TO ACCEPT ANY QUALIFIED BID/PROPSAL OR REJECT ALL BIDS/PROPOSALS. Company: ~~CYI ~ ~ ~ ~ilt_l~ ,~YLC . By: ~_ ~~~ ~o C , Title Address: ~ ~~~-Z~~~~ , ,~-1 t Phone: ' ~3y . ~ ~, ~ -2l0 ~ ~ Fax No.: ~~ - x"1(0 , zCp_~~ NOTE: USE THIS FORM ONLY. ADDITIONAL INFORMATION MAY BE ATTACHED. Kerr County 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 Proposal 1 /4/08 BID ON E LUMBING ,VA Circle One) 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 conditions. 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. GC Regular Hourly Charges: `~,~ Helper per hour ~' ~ 7, 'S--d Overtime Hourly Charges: ~ f /'Z . ~ ~ Helper per hour ~' ~ [p .~ s %. Weekend Hourly Charges: ~ ;~ . ~ Helper per hour ~ ~ (~,} s ~ ~~ Holiday Hourly Charges: ~~[j , Helper per hour ~' 7~ c~ Charge for components, repair parts & supplies: Actual cost plus % ~.IS7' Warranties: Materials/Parts: Labor: _ _ -r-Y-~~~ c~-A- ~~'--~-~ Company Name U Address Signature and Title ~ ~~ $~~~~ Phone Number ~ ~- -off Date General Bid Proposal 1/4/08 STATE OF TEXAS COUNTY OF KERB AFFIDAVIT BEFORE ME, the undersigned authority, on this day personally appeared~`e ~~ ~ known to me to be the person whose name is subscribed to the following, who upon oath, says: I am the Manager, Secretary or other agent or officer or the principal of the Bidder in the matter of the bids to which this affidavit is attached, and I have full knowledge of the relations of the Bidder with the other firms in this same line of business, and the Bidder is not a member of any trust, pool or combination to control the price of supplies bid on, or to influence any person to bid or not to bid thereon. I further affirm that the Bidder has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with the submitted bid. / ~.;(~- J ~yV ~~J~.- Affiant SWORN TO AND SUBSCRIBED BEFORE ME by the above Affiant, who, on oath states that the facts contained in the above are true and correct, this 2~~~- day of ~~$ ~~~-~t~--~ , 20~ ~ . .~••••. •'~tW~; ~~. ANN E HOSTETTER '~ ~ ~~ Notary Public, State of Teotaa • ~ • • : . ~ Com'1f1myla7aionn~yEAxpirres ~~ •••• a J60~T /° .®o~ •. Name of Bidder: Signed by:~ Address: ~ ~ ~-~.-) in Writing) Notary Public State of Texas (Title) U Telephone Numbe : ~~~) ~~I (Q ° ~ ~~ J Date: ~~~a-~ ~5 NOTE: BIDS NOT ACCOMPANIED BY THIS AFFIDAVIT WILL NOT BE CONSIDERED. Kerr County does not discriminate on the basis of race, color, national origin, sex, religion, age and disability in employment or the provision of services. Affidavit 1/4/08 MASTER SERVICE AGREEMENT This A Bement entered into as of ~ day of 20~, by KERR COUNTY ("County") and _ [yn IJ 41, L ~ _ ("Independen 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 "Phis Agreement shall apply to all services and goods provided by Independent 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 KERR 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 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 KERR COUNTY, if any, and that the goods will be merchantable, of good workmanship and material, free from defect and fit for their intended purpose. Except as otherwise specifically agreed, Independent Contractor shall provide all labor and skills, and all equipment, machinery, materials, and supplies necessary for the performance of such work. IV. INDEPENDENT CONTRATOR 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 charge 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 Independent Contractor, being: 1) 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 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 KERR COUNTY. Master Service Agreement I/3/08 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 limitation, the following types and limits: Automobile $500,000.00 each accident Combined Single Liability $500,000.00 each accident Uninsured/Underinsured Motorists Combined Single Liability All owned, non-owned, hired and all vehicles used by Independent Contractor with a combined single limit of $500,000.00, covering personal injury (including bodily injury and property damage.) Commercial and Comprehensive Liability $1,000,000.00 General Aggregate $1,000,000.00 Products/Completed Operations Aggregate $1,000,000.00 Personal/Advertising Injury $1,000,000.00 Each Occurrence Worker's Compensation Insurance Part A Texas Statutory Medical, Indemnity, AD & D Part B Employers Liability $100,000.00 Per Person Per Accident $100,000.00 Per Person Per Disease $500,000.00 Policy Aggregate -Disease Any subcontractors of the undersigned Independent Contractor shall be required to maintain similar 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 KERR COUNTY. The types of coverage or limits may be modified only by written agreement between KERR COUNTY and Independent Contractor. VI. INDEMNITY INDEPENDENT CONTRACTOR SHALL PROTECT, DEFEND, INDEMNIFY AND HOLD HARMLESS KERR COUNTY AND ITS REPRESENTATIVES, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, COUNTY COMMISSIONERS, AND COUNTY JUDGES, ETC., FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS AND CAUSES OF ACTION ASSERTED BY ANY PARTY (INCLUDING, BUT NOT LIMITED TO, EMPLOYEES OF INDEPENDENT CONTRACTOR AND KERR COUNTY) THAT ARISE OUT OF OR ARE RELATED TO WORK AND ARE CAUSED BY OR ARISE OUT OF INDEPENENT 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 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 Master Service Agreement 1 /3/08 Independent Contractor. Independent Contractor shall cause its insurer to issue appropriate waiver of Subrogation endorsements to all polices of insurance carried in connection with this Agreement. VII. VENUE This Agreement is 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 supercedes any prior understandings or written or oral agreements between the parties with respect to insurance or indemnifications. 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. CONFIDENTIATLITY 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 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 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 KERR 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 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 Agreement 1 /3/08 In the event that either party commits any material breach of this Agreement including, without limitations, 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 satne or similar work. KERB COUNT ~[ B T -'~~~~ INDEPENDENT' CONT CTOR: ~-'~ DATE: -2s '" a~' Master Service Agreement 1 /3/08 ~ r. Y INDEMNITY AGREEMENT KERR COUNTY shall not be liable or responsible for, and shall be saved and held harmless by nl~~ ~~(~ Q~~1l;~Q~J^~"~ V endor Name) from and against any and all suits, actions, losses, damages, clatms, 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 persons or property, arising out of, or occasioned by, directly or indirectly, the performance of C~ t11~ ( 1 i~~~-~~. (Vendor Name) under this agreement, including, claims and damages arising in whole or in part from the negligence of KERR COUNTY. It is the expressed intent of the parties to this Agreement that tpph~~e indemnity provided for in this section is an indemnity extended by~~g~ry~y(,m 6a .l~~~`'c"(Vendor Name) 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. Indemnity Agreement 1/3/08 ,, ,~ KERR COUNTY, TEXAS BID PROPOSAL LQQCin~ (', r~Cac4 Da~'e: February 12, 2008 Bid Date: February 25, 2008 Time: 9:30 AM Opening: Kerr County Courthouse Commissioners' Court Kerr County, Texas Kerr County Commissioners' Court Kerr County Courthouse Kerrville, Texas 78028 To Whom It May Concern: 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. 1 DESCRIPTION Electrical AMOUNT hourly see attached 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 n / a The equipment will be new and will meet the general specifications. KERB COUNTY COMMISSIONERS' COURT RESERVES THE RIGHT TO ACCEPT ANY QUALIFIED BID/PROPSAL OR REJECT ALL BIDS/PROPOSALS. Company: By: D W Electric ~o. David Wahrmund President Title Address: Phone: Fax No. 330 Peterson Drive Kerrville, TK 78028 830-257-3739 830-257-3940 NOTE: USE THIS FORM ONLY. ADDITIONAL INFORMATION MAY BE ATTACHED. Kerr County 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 Proposal 1 /4/08 ,~ , ,~ BID ON ELECTRICAL /PLUMBING / HVAC (Circle One) 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 the 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. Installations are subject to review and are not automatically included in this bid. Regular Hourly Charges: Helper per hour Overtime Hourly Charges: Helper per hour Weekend Hourly Charges Helper per hour Holiday Hourly Charges: Helper per hour 5s nn ~ a~ 00 $ 75.00 $ 30.00 $ 75.00 ~ 30.00 $ 75.00 $ 30.00 Charge for components, repair parts & supplies: Actual cost plus 2 5 Warranties: Materials/Parts:_?~ ems. u~a~.~n~.~r., s ~~i~rranty Labor: 1 (one) year D W Electric Co.330 Peterson Drive Kerrville, TX 78028 (830)257-3739 C pan a e Address Phone Number ~-l~~og Signature and Title Press ent Date General Bid Proposal 1 /4/08 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, upon oath., says: who 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, nor 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 iant 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 D ~ . ~,r,,,, ~t~,"Pays CONNIE S. DIXON Notary Public, State of Texas ~~`` My Commission Expires March 13, 200! Name of Bidder: D w Electric Signed by: (Sign Name in ~~~ ~~~ Notary Public State of Texas President (Title) Address: 330 Peterson Drive, Kerrville, TX. 78028 Telephone Number: Date: ~-~1~~~©8 NOTE: BIDS NOT ACCOMPANIED BY THIS AFFIDAVIT WILL NOT BE CONSIDERED. Kerr County does not discriminate on the basis of race, color, national origin, sex, religion, age and disability in employment or the provision of services. Affidavit 1 /4/08 830-257-3739 MASTER SERVICE AGREEMENT This Agreement entered into as of day of 20 by KERR COUNTY ("County")and D W Electric Co. ("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: L 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. IL COMPENSATION Independent Contractor shall be entitled to such compensation as specifically authorized by KERR COUNTY in writing, which may be in the form of a contract, purchase order, work authorization or other written document. There shall be no increase in the compensation unless authorized by KERR 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 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 KERR COUNTY, if any, and that the goods will be merchantable, of good workmanship and material, free from defect and fit for their intended purpose. Except as otherwise specifically agreed, Independent Contractor shall provide all labor and skills, and all equipment, machinery, materials, and supplies necessary for the performance of such work. IV. INDEPENDENT CONTRATOR 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 charge 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 Independent Contractor, being: 1) 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 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 KERR COUNTY. Master Service Agreement 1 /3/08 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: Automobile $500,000.00 each accident Combined Single Liability $500,000.00 each accident Uninsured/Underinsured Motorists Combined Single Liability All owned, non-owned, hired and all vehicles used by Independent Contractor with a combined single limit of $500,000.00, covering personal injury (including bodily injury and property damage.) Commercial and Comprehensive Liability $1,000,000.00 General Aggregate $1,000,000.00 Products/Completed Operations Aggregate $1,000,000.00 Personal/Advertising Injury $1,000,000.00 Each Occurrence Worker's Compensation Insurance Part A Texas Statutory Medical, Indemnity, AD & D Part B Employers Liability $100,000.00 Per Person Per Accident $ l 00,000.00 Per Person Per Disease $500,000.00 Policy Aggregate -Disease Any subcontractors of the undersigned Independent Contractor shall be required to maintain similar type insurance with similar type limits. KERB COUNTY shall be named as an additional insured on all policies where available and Certificates of such insurance shalt 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. INDEMNITY INDEPENDENT CONTRACTOR SHALT . pD,,..._ HARMLESS KERR COUNTv n~rr- - a ~, ~ ^ A = , ~ n„ Q C~GI ~~ec~tQ~ EMPLOYEES, COUNTY C 1..~'" ` -~`r" ANY AND ALL CLAIMS (INCLUDING; BUT NOT Ll ~ ~~ ~~ ~~ V ~ THAT ARISE Ol ~~ P.-a~X~" OUT OF INDEPENENT C ~ MISCONDUCT AND RESU -~P DEATH OR PROPERTY LO; ANY GOVERNMENTAL AG. Independent Contractor (including KERR COUNTY'S re customers, and invitees) for any l be carried by Independent Contra Master Service Agreement 1 /3/08 'D, INDEMNIFY AND HOLD ;ERS, DIRECTORS, AGENTS, ETC., FROM AND AGAINST 'ASSERTED BY ANY PARTY ~j,~~ T CONTRACTOR AEI-}-I~R ~"'° ARE CAUSED BY OR ARISE OMISSIONS OR WILLFUL tODILY INJURY), ILLNESS, PENALTIES IMPOSED BY against KERR COUNTY partners, employees, agents, _ _ ~y any insurance required to _D..,viilent or any other insurance actually carried by 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 limitation, the following types and limits: Automobile $500,000.00 each accident Combined Single Liability $500,000.00 each accident Uninsured/Underinsured Motorists Combined Single Liability All owned, non-owned, hired and all vehicles used by Independent Contractor with a combined single limit of $500,000.00, covering personal injury (including bodily injury and property damage.) Commercial and Comprehensive Liability $1,000,000.00 General Aggregate $1,000,000.00 Products/Completed Operations Aggregate $1,000,000.00 Personal/Advertising Injury $1,000,000.00 Each Occurrence Worker's Compensation Insurance Part A Texas Statutory Medical, Indemnity, AD & D Part B Employers Liability $100,000.00 Per Person Per Accident $100,000.00 Per Person Per Disease $500,000.00 Policy Aggregate -Disease Any subcontractors of the undersigned Independent Contractor shall be required to maintain similar 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 KERR COUNTY and Independent Contractor. VI. INDEMNITY INDEPENDENT CONTRACTOR SHALL PROTECT, DEFEND, INDEMNIFY AND HOLD HARMLESS KERR COUNTY AND ITS REPRESENTATIVES, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, COUNTY COMMISSIONERS, AND COUNTY JUDGES, ETC., FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS AND CAUSES OF ACTION ASSERTED BY ANY PARTY (INCLUDING, BUT NOT LIMITED TO, EMPLOYEES OF INDEPENDENT CONTRACTOR A~B- THAT ARISE OUT OF OR ARE RELATED TO WORK AND ARE CAUSED BY OR ARISE OUT OF INDEPENENT 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 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 Master Service Agreement 1/3/08 Independent Contractor. Independent Contractor shall cause its insurer to issue appropriate waiver of Subrogation endorsements to all polices of insurance carried in connection with this Agreement. VII. VENUE This Agreement is 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 supercedes any prior understandings or written or oral agreements between the parties with respect to insurance or indemnifications. 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. CONFIDENTIATLITY 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 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 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 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 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 Agreement 1 /3/08 In the event that either party commits any material breach of this Agreement including, without limitations, 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. KERR COUNTY shall have the right to hire others to perform the same or similar work. KERR COUNTY L,~ PE EN C NT R: DATE:. -'l ,~ - L~ Master Service Agreement 1/3/08 i . ~ t INDEMNITY AGREEMENT KERR COUNTY shall not be liable 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 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 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 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 ~W E~ ~ctric Co (Vendor Name) h~ __ _ , (J~, Indemnity Agreement I /3/08 ~', INDEMNITY AGREEMENT KERR COUNTY shall not be liable 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 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 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 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 ~ w F 1 ~ c t r i c ~'c~ (Vendor Name) hr~~#3` Indemnity Agreement 1 /3/08