ORDER NO. 30740 BIDS FOR ELECTRICAL, PLUMBING, HVAC AND PEST CONTROL Came to be heard this the 25th day of February, 2008, with a motion made by Commissioner Letz seconded by Commissioner Baldwin. The Court unanimously approved by vote of 4-0-0 to: Accept all bids and refer them to the Maintenance Director for review and recommendation: 1. Compton's of Kerrville for electrical, plumbing and HVAC 2. Terminix, local office in Kerrville for pest control 3. Hill Country Pest Control for pest control services 4. D. W. Electric dealing with electrical, plumbing and HVAC ~. ~ ~d~y~ 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: February 25, 2008 OFFICE: Maintenance Supervisor TIME PREFERRED: 9:30 AM SUBJECT: Open bids for Electrical, Plumbing, HVAC and Pest Control. 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. KERR COUNTY, TEXAS BID PROPOSAL 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 r~. will meet the general specifications. The equipment will be new and KERR COUNTY COMMISSIONERS' COURT RESERVES THE RIGHT TO ACCEPT ANY QUALIFIED BID/PROPSAL OR REJECT ALL BIDS/PROPOSALS. Company: By: Address: Phone: Fax No.: President Title D W Electric C'o. David Wahrmund 330 Peterson Drive Kerrville, T~ 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 $ 75.00 $ 30.00 Weekend Hourly Charges: Helper per hour Holiday Hourly Charges: Helper per hour $ 75.00 ~ 30.00 $ 75.00 $ 30.00 Charge for components, repair parts & supplies: Actual cost plus 2 5 Warranties: Materials/Parts:~~ ~„pr ma~u~ao~u~.g~. , s G~arranty Labor: 1 (one) year D W Electric Co. 330 Peterson Drive Kerrville, TX 78028 (830)257-3739 Signature and Title Address Phone Number t ~ ~~8 rest 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 cant 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 ~7 ~ . ~~r,,, ~ ~~r p;;.;~ '~' CONNIE S, OIXON ~ Notary Public, State of Texas 4 'i , ~~ hAy Commission E gyres '; ~~`' March 13, 2008 Name of Bidder: n W Elec,~tri o Signed by: (Sign Name in Notary Public State of Texas President (Title) Address: 330 Peterson Drive, Kerrville, TX. 78028 9 Telephone Number: 8 3 0- 2 5 7- 3 7 3 9 Date: ~~/ 3l ~© 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 Agreement entered into as of ("County") and D W Electric Co. day of 20 by KERR COUNTY ("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 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 sha(1 be no increase in the compensation unless authorised 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 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 CONTRATOIt 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: A ntmm~hila $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 PersonaUAdvertisinglnjury $1,000,000.00 Each Occurrence Worker's Compensation Insurance Part A Texas Statutory Medical, Indemnity, AD & D Part B Employers Liability $ ] 00,000.00 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 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, COUItirTY COMMISSIONERS, AND COTJNTY JUDGES, ETC., FROP~1 AND AGAIIvTST ANY AND ALL CLAIMS, DEMANDS AND CAUSES OF ACTION ASSERTED BY ANY PARTY ~j,'~ (INCLUDING, BUT NOT LIMITED TO, EMPLOYEES OF INDEPENDENT CONTRACTOR AFB-I~-~iR ~` 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 perfonnauce 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 113/08 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 perfonn the same or similar work. KERB COUNTY BY: DATE: PE EN C NT R: DATE:. -l~ - Master Service Agreement 1 /3/08 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 properly, 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 LLW E1 ectric_.C~ (Vendor Name) h~ =ir ;~- nte~-T~F-~2~ F' rnni ~' Tl T'R R (' TT~TTV' ~~xrn •,,~~1 ~.ttt~2 t' `t ----~-w-v- o ~ Indemnity Agreement 1 /3/08 _. y~ /1-- -~ ~I KERR COUNTY, TEXAS BID PROPOSAL Date: Bid Date: Time: Opening: Kerr C'~unty Commissioners' Court Kerr County Courthouse Kerrville, Texas 78028 To Whom It May Concern: 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 a >vrni >NT 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: ~(....c~u~2/ _,f~ /'j•~;.ry2~r~ ~~lo ~!~~; /~'~!~A~sr~ Title Address: ~~ , " L f s~ ~.5 /~'L ~ l~ t!~ ~ c I 7'X Phone: ~ ~6 •- ~7U~ Fax No.: 7(~ ~- ~~,~ 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: ~ ~O ~ OD ~p. ~O ~` ~~ _,~ ~ ~ ~_ ~'~ .~" ~~,~~ .~s ,v~ ~,,~ . ~~ JUVENILE DETENTION: ~ ~. ~D JP #2 -CENTER POINT: ~~ ~ ~. p(~ Company Name ~ Address Signa re and T tle Date `~7a~a Phone Number .~~®_ ~~ General Bid Proposal I /4/08 STATE OF TEXAS COUNTY OF KERR AFFIDAVIT BEFORE ME, the undersigned authority, on this day personally appeared ~~~,N. (~~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. !1/ ~~ ~~~ 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~. °••°•• TINAyyll,-(ERSON d-? ! (~i~.• Taz~ .~~A 1 i +~~: ~•' ~ ~ Nata~Y Public, Saa of ~ .. o .. ~ • ~* : ; *v ~~ C~cmmlaaion ~P~~ Notary Pubh c • •~"° JUNE9.20~ State of Texas .•~ 0~ ~~ Name of Bidder:/~ ~~,,,,~~ ~ s1 ~~,~~~~ ,~~.T Signed by: (Sign Name in Writing) s~ Address: Po S" ~..4.~ ur<< ~C.h~c r ~~i,~yr l~P ,~" 7~v~~ Telephone Number: ~3 y ~ ~ - y 7~ ~ Date: / - 3cU - a ~= 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 KERR COUNTY ("County") and ~~~ ~~~~n ~~ ~£S i ~~i'°~ ~~ ("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 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 CON'1 RATOR 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 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 $],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, COUT:TY COMMISSIONERS, AP3D COC~'iV'TY JUDGES, ETC., Ficvi'vI 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 KERB COUNTY'S prior written consent, divulge to any third-pa--ty 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 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: (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 BY: DATE: INDEPENDENT CONTRACTOR: DATE: Master Service Agreement 1 /3/08 1 s , INDEMNITY AGREEMENT KERR COUNTY shall not be liable or responsible for, and shall be saved and held harmless by ~r ~ ~~ vr~ C.-~~~~ 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 pe/~r'sons or proprer~ty, aris~iing Io~ut o~, or occasioned by, directly or indirectly, the performance of ~'ll/l~lo~~'~~~ 1'£S1 1.~~~^~71.~~/(Vendor Name) under this a reement, includin ,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 greement~at t/h~~ inderjnnity provided for in this section is an indemnity extended by /// ~~~;~1~ G.FT(..,~~'`~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 r~~M,~,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 PEST CONTROL PROPOSAL For KERR GOUNTY BUILDINGS. Kerrville, TX 78028 OVERVIEW: These specifications indude the famishing of all professional services, equipment, labor and materials necessary to provide the insect and rodent control services described in this proposal. AREAS REQUIRING SERVICE AT LEAST MONTHLY Any area where pest activity is most likely to occur needs to receive monitoring service. These areas generally are associated with conducive conditions and include exterior service of all buildings. (Interior services on request at no additional dlange.) COURT HOUSE SHERIFF'S OFFICE EXTENSION OFFICE HILL COUNTRY YOUTH EXHIBITION CENTERANIMAL CONTROL JP #4 AND TAX ANNEX IN INGRAM ADULT ~ JUVENILE PROBATION All ar+r~ will be serviced morttt>IIy or as often as needed to correct any pest problems SCOPE OF WORK: Pest control services c~-rterrrplated by these spurns will be for the control of the following pests: A. Rats and mice B. Ants, roaches, and silverfish C. Assist with the control of flies D. Assist with the control of the foflaa~ring miscellaneous pests: cxidcefis, earwigs, sprciers, pill bugs, millipedes and oer7tipedes. AH necessary methods cxx>tsistent with lt~ra~ed Pest Maitac~ement will be used to eliminate the above-merriioned pests. These specifications do rrot ir~ude the cx~ntro! of termites or any unnamed pests. MATERIALS: Only materials registered with the Environmental Protection Agency will be used in performing these services. All materials will be used in strict accordance with label directions. A sample label of all materials utilized will be included in a logbook we will provide. SCHEDULE AND PROCEDURES: Terminix will perform an initial treatment and regularly scheduled service for the total control of German cockroaches, ants, rats and mice. Additionally, Terminok will provide service for sitvefish, crickets and other miscellaneous pests. Wood destroying insects are excluded. The initial service will consist of a thorough crack and crevice treatment of all suspect areas of the building. Our Terminix patented "insider" will be inserted into wall voids, where necessary, to allow safe access for treatment of cockroach and cricket harborage areas. Rodent bait stations and traps Witt be placed in areas inaccessible to unauthorized persons, yet effective for elimination of rats and mice. Pest elimination maintenance service will be performed once every month, however, tyre sr+e 6t; call ,~e~er~ efat~ ~ wee/r, st na addl#lorxal chars~e ~ vex, A specific service sdiedute will be designed so that pests introduced into the buildings between services can be eliminated before developing into an nfiestation. The days and tithe most convenient for service will be determined with your management taam. Once ~, se~tce vviN be performed on the same day and time each rnot~th, ff requested vue wil! be preserrt when state inspectors are on premises to answer any questions they may have. CUSTOMER RESPONSIBILITY: Our guarantee is based upon all agreed preparations having been made by the county prior to service. The county must also address and correct all sanitation and structural conditions which contribute to the support of pest infestations as detailed on the Terminix Service Ticket Sanitation Reports, or by a Terminix Service Quality Audit. The recommendations and findings listed on these documents are crucial to Terminix success in eliminating pest infestations. If the preparations are not done prior to service or Temzinix recommendations for deficiencies are no# con-es~ed for two consea~tive service calls, this guarantee shall be null and void until all recommendations are followed. Communication is an importarrt key to success in achievirxt Pest Elimination results. Promptly contact your local Terminix office at 257-8233 with any service concerns. PEST CONTROL GUARANTEE: Terminix guarantees that all existing infestation of Cockroaches, Ants, Rats and Mice will be control~d within the campus and other buildings within 60 days of the performance of initial service and that all newly introduced Cockroaches, Ants, Rats and Mice will be controlled before they establish an infestation. 1. If covered pests return while the Service Agreement is in effect, Terminix will provide additional service as needed at no additional charge. 2. Upon receiving notification of a s~hting of covered pests, a Terminbc Servioe Supervisor will ss~esiule a Pest Elimination Service for the general area within 8 hours or at the customer's convenience. 3. If any government agency should levy a free due to an infestation of roadies, arils, rats or mice, Terminix will reknburse you for the amcx.rnt of the frne. 4. Service Quality audits are conducted by Terminus on a periodic basis. PEST CONTROL LOG BOOK: We will provide a pest control logbook to be placed in accessible areas designated by the management. The logbook is a valuable tool for management to evaluate the pest control services received and to assist us in performing at the highest level. The logbook will contain the following information: A. A service information sheet. B. A Service Sighting Log, which alkwvs your personnel to report any pest sightings. C. A place for our technician's service reports for each service. D. A place for Quality Control Inspection Reports. E. Labels for all insecticides used in servicing the County buildings. INSURANCE COVERAGE: A copy of our Certficate of Insurance Coverage is available upon request. AUXILIARY SERVICES AVAILABLE: We can also provide the following related services at additional cost. These services are intended to maximize the effect of your basic program and should be considered: 1. Pest bird control 2. Fly control 3. Bat control 4. Termite control We appreciate having the opportunity to present you with this proposal, which has been tailored to fit your current and future pest control needs. We trust it will meet with your approval and that you will choose Terminix to provide Kerr County with the finest professional pest oor~tarol service available. tf you have any questions or suggestions mgarc~ing this proposal, please fc~l free to Contact me, An appropriate Service Agreerrrent will be prepared upon your acxeptance of this proposal. Kent W. Bond, President Terminoc Termite and Pest Control 3100 Memorial Blvd. Kemrille, TX 78028 Licensed and Regulated by the Structural Pest Control Board KERR COUNTY INVESTMENT MONTHLY SERVICE FOR THE FOLLOWING LOCATIONS: $475.00 COURTHOUSE ($95.00) SHERIFF'S OFFICE ~ JAIL ~ JP#2 ($95.00} EXTENSION OFFICE($25.00) ADULT Ba JUVENILE PROBATION ($95.00) HILL COUNTRY YOUTH EXHIBITION CENTER {$95.00) ANIMAL CONTROL {$45.00) JP#4 8~ TAX ANNEX INGRAM ($25.00) TOTAL ANNUAL COST: $5,700.00 ,~%'~ ~~`~~ QUARTERLY SERVICE OPTION COURTHOUSE ($215) SHERIFF'S OFFICE ~ JAIL ~ JP#2 ($215) EXTENSION OFFICE($58) ADULT & JUVENILE PROBATION ($215} HILL COUNTRY YOUTH E7~NBIlIOpf CENTER {$215} ANIMAL CONTROL ($105} JP#4 8~ TAX ANNEX INGRAM {$58) ~u~yv~~ ~-~,~. ~~. ~' (~; (~ Is Y~ ~J ~----~ TOTAL ANNUAL COST: 4324.00 ~./~:%/:N~l aka-~-^n so 0 &' co. c~ttc ~~,~-p ,q,,, .. _ _ _ ` ~ = F ~~; of _,. 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: February 25, 2008 9:30 AM Kerr County Courthouse Commissioners' Court Ker~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 ~ i ~ 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: (~~pa ~ ~, r~ ~ It ~ s~ , By: a ~ S ~~~ ~~ ~ _, ~!~~ . Title Address: ~1._~~:~`~~-,,L~,~~ , ~rY } 09 a. Q 4~jT~Z . 72~ (~~~ Phone: ~ ~~o - ~~, ~ -2l0 Fax No.: ~~ _ ~~ (~, . z(.a_~_ 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 $100.00 must have the Building Maintenance Supervisor's approval. We also reserve the right to price parts separately. Installations are subject to review and are not automatically included in this bid. Regular Hourly Charges: Helper per hour Overtime Hourly Charges Helper per hour Weekend Hourly Charges: Helper per hour ~ ~ ~ Holiday Hourly Charges: l~ ~j , Helper per hour ~$` ~~ °~ Charge for components, repair parts & supplies: Actual cost plus % ,r.. ~ ~sy" ~ ,~~- ~ 7. ~~ f~ . 5 ~ ~~ .°~~ ~# ~~~ ~~ ~L~ ~ ~ ~ , Warranties: Materials/Parts: ~~~~ Labor:~{~ A~ ~~c~~~l ~ ~ ~~ o~ -~~~-o c.~`'`s` <~ Company Name Address ~~ g~~~~3 Number Signature and Title ~~ -off Date General Bid Proposal 1 /4/08 STATE OF TEXAS COUNTY OF KERR 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. 1 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 -F~-$ ~ u~-~t~--~ , 20~% ~ . ....... ~,~r-q~•..• ANN E. HOSTET~TsETR ~~~• ~w N ~ rV~rm~~St~~ VI 1~~ R ' WIl1 ii6M1 CrJ-I!_llyl ~. ~'"`q~ti•'o JULY 7, 20(D9 .,~oa ~. Nairie of Bidder: Signed by: Address: ~..J in Writing) ~ ~~~~ Notary Public State of Texas (Title) U Telephone Numbei~~) ~j_ I (.Q • .~ ~~j ~J Date: AFFIDAVIT BEFORE ME, the undersigned authority, on this day personally appeared~~~,~ U~~ known to me to be the person whose name is subscribed to the following, who ``~c~ ' ~ 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 A Bement entered into as of ~ day of 20~, by KERR COUNTY ("County") and ~f~j~('1p 61, ~ ("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 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. 1V. 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 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. 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 beriveen KERR COUNTY and Independent Contractor. VI. INDEMNITY INDEPENDENT CONTRACTOR SHALL PROTECT, DEFEND, INDEMNIFY AND HOLD HARMLESS KERR COUNTY AND ITS REPRESENTATIVES, OFFICERS, DIRECTORS, AGENTS, EMPLO r'EES, 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 Teaas and all obligations of the parties created by this Agreement are performable in KERB COUNTY, Teaas. 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 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 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 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 BY: DATE: INDEPENDENT CONTRACTOR: DATE: Master Service Agreement 1/3/08 ~ 1. INDEMNITY AGREEMENT KERR COUNTY shall not be liable or responsible for, and shall be saved and held harmless by ~_ ~C7 ~" i)l;`~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 C~ ~ (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 t~hle indemnity provided for in this section is an indemnity extended by~~j~ ~,~~~~(Vendor Name) to indemnify and protect KERR COUNTY from the consequences of KERR COUNTY'S own negligence, whether die negligence is the sole or contributory cause of resultant injury, death or damage. Indemnity Agreement I /3/08 cam- ~ - - ~~ ~ ~