BID ON ELECTRICAL 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. REGULAR WORKING HOURS: ELECTRICIAN CHARGE PER HOUR $ 7 5.0 0 HELPER CHARGE PER HOUR $15.0 0 OYERTLME WORKING HOURS: ELECTRICIAN PER HOUR: $1 12.5 0 HELPER CHARGE PER HOUR $ 2 2.5 0 WEEKEND WORKING HOURS: ELECTRICIAN PER HOUR $ 1 5 0.0 0 HELPER CHARGE PER HOUR $ 3 0.0 0 HOLIDAY WORKING HOURS: ELECTRICIAN CHARGE PER HOUR $1 5 0.0 0 HELPER CHARGE PER HOUR. $ 3 0.0 0 CHARGE FOR COMPONENTS, REPAIR PARTS, AND SUPPLIES: ACTUAL COST PLUS 8 0 WARRANTIES: MATERIALS/PARTS 1 yea r LABOR 1 .Year 45" Aerial Truck $125.00 per Hour 26' Genie Lift $20.00 per hour Guadalupe Electic Inc. 2800 Peddler Ln Kerrville 895-2148 COMPANY NAME ADDRESS PHONE NUMBER ~- ~-President GNATURE AND TITLE October 5, 2004 DATE Bid on Electrical Repair service Wocic 7/02/03 KERR COUNTY, TEXAS BID PROPOSAL Date: October 5 , 2004 Bid Date: October 15, 2004 Time: 5:OO~~P.M. Opening: Kerr County Courthouse Commissioners' Courtroom Kerr County, Texas Kerr County Commissioners' Court Kerr County Courthouse Kerrville, Texas Gentlemen: Pursuant to General Specifications listed below and/or attached, the undersigned makes the following officer, F.O.B. Kerrville, Texas, with allowable exempt taxes (if applicable), having been removed from bid price. ITEM NO. DESCRIPTION AMOUNT Provide electrical service, repair and/or materials upon request. Sealed proposals will be accxpted by the Kerr County Commissioners' Court in accordance with the attached specifications. Deliver/Completion will be made on or before n c t o h e r 15 ~ ~) ~ ~ ~! . 20Q. 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: Guadalu~eF:l~'ec. Inc. By: John Flowersa President Title Address: 2800 Peddler Ln Kerrville, TX 78028 Phone: Ran-R9~-~14R FaxNo.: 830-895-2100 NOTE: USE THIS FORM ONLY. ADDITIONAL INFORMATION MAY BE ATTACHED. The Cou~y 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. Geaaal Bid Proposal ~rovo3 KERB COiTNTY shall not be liable or responsible for, and shall be saved and held harmless by G ~, ~ ~ ~ t ~..p P F 1 P c t r i c , Inc .Vendor Named 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 person or persons or property, arising out of j or occasioned by, directly or indirectly, the performance of Guadalupe E l e ~ t. r i ~ ,1 n c . (Vendor Name) under this agreement, including claims and damages arising in whole or in part from the negligence of KERB COUNTY. It is the expressed intent of the parties to this Agreement that the indemnity provided for in this section is an indemnity extended by G u a d a l u p P F 1 P r. t r i g, T n r (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. Indmmity Doc,~ment 7/02/03 STATE OF TEXAS COUNTY OF KERB AFFIDAVIT BEFORE ME, the undersigned authority, on this day personally appeared John F 1 ~ w e r s known to me to be the person subscribed to the following, who upon oath, says: whose Warne is 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 fiuther 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 discourrt, trip, favor, or service to a public servant in connection with the submitted bid. b the above Affiant, who, on oath SWORN TO AND SUBSCRIBED BEFORE y states t~hat the facts comained in the above are true and correct, this Sty" day of _ oc~ob~ , ao~. +o;:'P~.~ ENOLA 6. BROWN ,\IINN~ a ~~ .i~~~.Y IV 1 `.~~ Notary Public, State of Texas ~,;.~, My Commiuion Expires ~+'F:F;Ia January 061 2008 Notary Public w~~,\ State of Texas Name of Bidder: Guadalu e Electric, Inc. Signed by: P r e s i d e n t ts~, xaox m w~ (z'~) Address:2~9~ Peddler Lane Kerrville, Texas 78028 (~ ~) Telephone Number: 8 3 0- 8 9 5- 214 8 Date: O c t o b i3 r 5, 2 0 0 4 NOTE: BIDS NOT ACCOMPANIED BX THI5 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. Affidavit 7/02/03 MASTER SERVICE AGREEMENT This Agreement entered into as of ~, day of n r t n b P r , 20 n a , by KERB COUNTY ("County's and G u a d a l u p e E l e c t r i c,. T n c ("Independent Contractor'. In consideration for the mutual proanises contained herein, and other good and valuable consideration, the receipt of which is hereby aclmowledged, the parties agree as follows: I. PERFORMANCE OF WORK This Agreement shall apply to all services and goods provided by Indepet Contractor to KERB COUNTY whether presently in progress or furnished from time to time in the firture. ~t Contractor shall diligently perform all work in a skillful and worlananlike manner. II. COMPENSATION Independent Conmactor 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 docruneaR. There shall be no increase in the compensation unless authorized by KERB COUNTY in writing. III. wARRA1yTIE5 Independend Contractor shall perform all work with due diligence, in a good and worlananlike mariner and in accordance with specifications provided by KERB COIJN'I'Y or in the absence of such specifications, generally accepted professional standards, and, where applicable, standards imposed by law for comparable or similar services. Indt Contractor warrants that the goods delivered under this Agreement will conform to the specifications provided by KERB COUNTY, if any, and that the goods will be merchantable, of good v~iorklnanship and material, frce 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. rv. In performing services or furnishing goods under this Agreement, Independent Contractor shall ad at all times as an Independent Contrador. It Contractor shall not make any comtnitmeat or incur any charge or expense in the name of KERR COUNTY. Independent Contractor expressly agrees, aclmowledges and stipulates that neither this Agreement nor the performance of its obligatiaaos or duties there under shall ever result in Inert Contractor, or anyone employed by Independent Contractor, being: 1) an employee, agent or representative of KERR COUNTY; or 2) entitled to any benefits from KERB COUNTY, including, without linnitatian, 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 directia~n or control of Independent Contractor or its employees and agents except in the results to be obtained. The actual performance and superinteandence of all work shall be by Independent Contractor, but such work shall mew the approval of KERB COUNTY. V. INSURANCE Independent Contractor shall at all times during the term of this Agreement at Independent Contractor's sole expense carry such insurance as may be reasonably requested by KERB COUNTY, including, but without limitation, the following types and limits: s~ a~rwnms ~rozro3 Automobile $500,000.00 each accident Combined Single Liability $500,000.00 each accident Uninsured/Underinsured Motorists Combined Single Liability All owned, non~wned, hired and all vehicles used by Ind~ndent Contractor with a combined single limit of $500,000.00, covering personal injury (including bodily injury ~ ProP~3' ~e•) 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 Cornpeasation Insurance Part A Texas Staxutory Medical, Indemnity, AD & D Part B Employers Liability 100,000 Per Person Per Accident 100,000 Per Person Per Disease 500,000 Policy Aggregate -Disease Any subcontractors of the undersigned Inbependent Contractor shall be required to maintain similar type insurance with similar type limits. KERB COiJNTY shall be named as an additional insured on all policies where available and Certificates of such insurance shall be furnished by Independent Contiractor and any subcontractors where applicable to KERB COUNTY. T1sr types of coverage or limits may be modified only by written agreement betwcen KERB COUNTY and Independent Contractor. VI. 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 LIIVIITED 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 WILLFUL MISCONDUCT AND RESULT IN PERSONAL INJURY (INCLUDING BODII.Y INJURY), ILLNESS, DEATH OR PROPERTY LOSS OR DAMAGE, OR ANY CIVIL FINES OR PENALTIES IMPOSED BY ANY GOVERNMENTAL AGENCY, OFFICER, OR COURT OF LAW. VII. WAIVER OF SUBROGATION Independent Contractor hereby waives any and all rights to recover against KERB COUNTY (including KERB COUNTY'S representatives, County Commissioners, officers, Partners, employees, agents, customers, and invitees) for any loss or damage arising from any cause covered by any insurance required to be carried by Independent Contractor pursuant to this Agreezr-ent or any other insurance actually carried by Independent Contractor. Independent Contractor shall cause its insurer to issue appropriate waiver of Subrogation endorsements to all policies of insurance carried in connection with this Agreeanent. Hasler Service Agreeooe~ Provos VIII. VENUE This Agreement is be construed under the laws of the State of Texas and all obligations of the parties created by this Agrcemeat are performable in KERB COiJNTY, Texas. lX. PRIOR AGREEMENTS SUPERCEDED This Agreement constiUrtes the parties sole agreerrtent and supersedes any prior understandings or written or oral agreeanents between the parties with respect to insurance or indemmificatian. This Agreerrtent does not waive a~ terms or conditions with respect to prior co®trails, bids, Purchase orders, requests for proposals (RFP), except with regard to the insurance requirements and indemnification. X. AMENDMENT No atnendcrient, modification or alteration of this Agreement is binding unless in writing dated subseque~ to the date of this Agreement and duly executed by all parties hereto. XI. TERMS Either party may cancel this agreecr~eat by providing written notice to the other party thirty (30) days prior to cancellation. XII. CONFIDENTIALITY Independent Contractor shall treat as confidential and shall not, without KERR COUNTY'S prior written consent, divulge to a~+ third-party or, except to the extent necessary for perforn~ance hereunder, make any use of any of KERR COUNTY'S proprietary techwical information which is disclosed or made available to Independent Contractor by or on behalf of KERB COUNTY. XIII. GENERAL PROVISIONS KERR COUN'T'Y 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 COiJN'I'Y in the event of breach or default of this contrail. KERB COUNTY reserves the right to terminate the contract immediately in the event Independent Contrailor 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 eLsewlayre 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 contrail hereunder shall operate or be construed as a waiver of a~ fimrre 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 d valid, binding and still enforceable. s«~ aa~~c 9/oTJ03 In the event that either party commits any material breach of this Agreement including, without limitation, any breach of any indemnification obligation, in addition to any other remedy that the aggrieved party may have, at law or in equity, it shall be entitled to recover all costs, including court cost and attorney's fees, incurred in any proceeding wherein the agmed party seeks redress for such breach. This Agreen~eat and any hereunder shall not be considered exclusive comracts. KERB COUNTY shall have the right to hire others to perform the wine or similar work. KERB COUNTY BY INDEPENDENT CONTRACTOR: ~~Dal~ ~ ~ ~~c~e,~ 1 ~C_ s~ 7/02/03 ~~t `L~~ ~~ ~~~~ ~'~~~ t.1~~Z~, - ~~ ~ ~~~ C J ~e,%c ~-