KERR COUNTY, TEXAS BID PROPOSAL Date: October 6, 2004 Bid Date: October 8, 2004 Time: Opening: Ken County Courthouse Commissioners' Courtroom Kerr County. Texas Ken County Commissioners' Court Kerr County Courthouse Kerrville, Texas Gentlemen: Pursuant to General Specifications listed below and/or attached, the undersigned makes the following officer, F.O.B. Kerrville, Texas, with allowable exempt taxes (if applicable), having been removed from bid price. ITEM NO. ~~ ~ DESCRIPTION ~ ~2. cfl~ c.cc ~ AMOUNT 1 R~o~p ~-u ~ ~.~ Sealed proposals will be accepted by the Kerr County Commissioners' Court in accordance with the attached specifications. Deliver/Completion will be made on or before , 20 The equipment will be new and will meet the general specifications. KERR COUNTY COMMISSIONERS' COURT RESERVES THE RIGHT TO ACCEPT ANY QUALIFIED BIIJPROPOSAL OR REJECT ALL BIDS/PROPOSALS. Company: D W Electric Co. By: Davi Wa rmun President Title Address: 429 Peterson Dr. Kerrville, TX 78028 phi: 830-257-37 9 FaxNo.: 830-257-3740 NOTE: USE THIS FORM ONLY. ADDITIONAL INFORMATION MAY BE ATTACHED. The County of Kerr does not discriminate on the basis of race, color, national origin, sex, religion, age and disability in employment or the provision of services. c,~t aaa ~~ Provos BID ON ELECTRICAL 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 WORKING HOURS: ELECTRICIAN CHARGE PER HOUR $ 5 0. 0 0 HELPER CHARGE PER HOUR $ 2 0.0 0 OVERTIME WORKING HOURS: $ 7 0.0 0 ELECTRICIAN PER HOUR HELPER CHARGE PER HOUR $ 3 0.0 0 WEEKEND WORKING HOURS: $ 6 5.0 0 ELECTRICIAN PER HOUR $30.00 HELPER CHARGE PER HOUR HOLIDAY WORKING HOURS: ELECTRICIAN CHARGE PER HOUR $ 6 5.0 0 HELPER CHARGE PER HOUR $ 3 0.0 0 CHARGE FOR COMPONENTS, REPAIR PARTS, AND SUPPLIES: ACTUAL COST PLUS 2 0 WARRANTIES: MATERIALS/PARTS as per manufacturer's warranty LABOR 1 year D W Electric Co. 429 Peterson Drive Kerrville, TX 830-257-3739 COMPANY NAME ADDRESS PHONE NUMBER SIG ATURE AND TITLE David Wahrmund, President Bid on Electrical Repair service Work 7/02/03 October (y ~ 2004 i DATE t STATE OF TEXAS § COUN'T'Y OF KERB § E]„ectr,~c Co. BEFORE ME, tbe undersigned authority, on this day personally appeared David Wahrmund lmown to me to be the person whose name is subscribed to the following, who upon oath, says: I am the Manager, SecreTary or other agent or officer or the principal of the Bidder in the matter of the bids to which this affidavit is attached, and I have full lmowledge of the relations of the Bidder with the other firms in this same line of business, and the Bidder is not a member of any trust, pool or combination to control the price of supplies bid on, or to influence any person to bid or not to bid thereon. I further affirm that the Bidder has not given, offered to give, not intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with the submitted bid. ~-, Affiant SWORN TO AND SUBSCRIBED BEFORE ME by the above Affiant, states that the facts contained in the above are true and correct, this 6 t h October 20 04 3,re~;:~"N"~`,ti= CONNIE S. DIXON Notary Public, State of Texas My Commission Expires ~''~%,;~;;,;+~ March 13, 2008 Name of E Signed by: AFFIDAVIT day of _ r ~ ~ ~c N Public State of Texas President cs~ xa~ is w:ir~ cr~~ Address; 429 Peterson Drive Kerrville, TX 78028 (~ ~) Telephone Number; 8 3 0- 2 5 7- 3 7 3 9 ~: 1 0/ 0 6 4 NOTE: BIDS NOT ACCOMPANIED BX THIS AFFIDAVIT WILL NOT BE CONSIDERED. The County of Kerr does not discriminate on the basis of race, color, national origin, sex, religion, age and disability in employment or the provision of services. who, on oath Affidavit 7/02/03 MASTER SERVICE AGREEMENT This Agreement entered into as of day of , 20 , by KERB COUNTY ("County's and V~1 ~(ecfrtc C'.~ ("Independent Contractor'. In consideration for the mutual promises contained herein, and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: I. PERFORMANCE OF WORK This Amt shall apply to all services and goods provided by Independent Comractor to KERB COUNTY whether presently in progress or furnished from time to time in the future. Independent Contractor shall dilig~tly Perform all work in a skillful and worl~nanlike manner. II. IdeaR Contractor shall be entitled to such compensation as specifically authorized by KERB COUNTY in writing, which may be in the form of a contract, purchase order, work authorization or other written document. There shall be no increase in the compensation unless authorized by KERB COUNTY in writing. III. wARRANTIEs Ideat Contractor shall perform all work with due diligence, in a good and worlananlike manner and in accordance with specifications provided by KERB COUNTY or in the absence of such ~~~~, S~~Y Professional standards, and, where applicable, standards imposed by law for connparabk or similar services. Independent Contractor warrants that the goods delivered under this Agreerrrent will conform to the specificatia~ns provided by KERB COiJN'I'Y, if any, and that the goods will be merchantable, of good worlananship and material, free from defect and fit for their intended purpose. Except as otherwise specifically agreed, Independent Co~ractor shall provide all labor and skills, and all equipment, machinery, materials, and supplies necessary for the performance of such work. IV. INDEPENDENT CONTRACTOR In performing services or furnishing goods under this Agreement, Independent Contractor shall ad at all times as an Independent Contraator. Inert Contractor shall not make any commitment or incur any charge or expense in the name of KERR COiJNTY. Independent Contractor expressly agrees, acknowledges and stipulates that neither this Agreement nor the performance of its obligations or duties there under shall ever result in Independent Contractor, or anyone employed by Independent Contractor, being: 1) an employee, agent or represeartative of KERB COiJN'I'Y; or 2) entitled to any benefits from KERB COUNTY, including, vvithout limitation, Pension, Profit sharing or accide~ insurance or heahh, medical, life or disability insurance benefits or coverage, to which employees of KERB COUNTY may be entitled. KERR COUNTY shall have no directiorr or control of Independent Contractor or its employees and agents except in the results to be obtained. The actual performance and superintenclcece of all work shall be by Independent Contractor, but such work shall meet the approval of KERR COiJNTY. 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 limitatioq the following types and limits: Maeaer Service Agremmat Provos Automobile $500,000.00 each accident Combined Single Liability $500,000.00 each accident Uninsured/Underinsured Motorists Combined Single Liability All owned, noon-owned, hired and all vehicles used by Independent Coaitlactor with a combined single limit of $500,000.00, covering personal injury (including bodily injury ~ PreP~3' ~ge•) Commercial and Comprehensive Liability $1,000,000.00 General Aggregate $1,000,000.00 Products/Completed Operations Aggregate $1,000,000.00 Perso®al/Advertising Injury $1,000,000.00 Each Occurrence Worker's Compensation Insurance Part A Texas Statutory Medical, Indeocmity, AD & D Part B Employers Liability 100,000 Per Person Per Accident 100,000 Per Person Per Disease 500,000 Policy Aggregate -Disease Any subcontractors of the undersigned Independent Contractor shall be required to maintain similar type insurance wide similar type limits. KERB COUNTY shall be named as an additional insured ~ all policies where available and Certificates of such insurance shall be fiunished by lndepefldeaR Contractor and any subcontractors where applicable to KERR COUN'T'Y. The types of coverage or limits may be modified only by written agreement between KERB 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 KERB COUNTY) THAT ARISE OUT OF OR ARE RELATED TO WORK AND ARE CAUSED BY OR ARISE OUT OF INDEPENDENT CONTRACTOR'S NEGLIGENT ACTS OR OMISSIONS OR WII.LFUL MISCONDUCT AND RESULT IIv PERSONAL INJURY (INCLUDING BODILY INJURY), ILLNESS, DEATH OR PROPERTY LOSS OR DAMAGE, OR ANY CIVIL FINES OR PENALTIES IMPOSED BY ANY GOVERNMENTAL AGENCY, OFFICER, OR COURT OF LAW. VII. WAIVER OF SUBROGATION Independent Contractor hereby waives any and all rights to recover against KERB COUNTY (including KERR COiJNTY'S representatives, County Commissioners, officers, Partners, employees, agents, customers, and invitees) for a~ loss or damage arising finan any cause covered by any insurance required to be carried by Independent Contractor pursuant to this Agreement or any other insurance actually carried by Independent Contractor. Indepe~ndenR Contractor shall cause its insurer to issue appropriate waiver of Subrogation endorsees to all policies of insurance carried in connection with this Agreement. Master Service Agermr~ 7102/03 VIII. VENUE This Agreement is be construed under the laws of the State of Texas and all obligations of the parties created by this Agreement are performable in KERB COUNTY, Texas. IX. PRIOR AGREEMENTS SUPERCEDED This Agreenneat constitutes the parties sole agreear-ent and superoedes any prior understandings or written or oral agreements between the parties with respect to insurance or inderrmification. This Agreement does not waive a~+ terms or conditions witb respecK to prior contrails, 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 subsequeoR to the date of this Agreement and duly executed by all parties hereto. XI. TERMS Either party may cancel this ag~ree