KERB COIINTY, TEXAS
BID PROPOSAL
Date: November 05 , 2004
Bid Date: November 05, 2004
Time: 5:00 P . M.
Opening: Kerr County Courthouse
Commissioners' Courtroom
Kerr Count~+, 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 Realacement of HVAC Units
AMOUNT $73,658.00 ( 5-10 Ton Units Electric Heat)
Replacement: of 5 ( 10 Ton 12 Seer Package Units)
Installation- 1 ( 3 Ton Seer Package Units)
For office Space
Sealed proposals will be accepted by the Kerr County Commissioners' Count in accordance with
the attached specifications.
Deliver/Complyion will be made on or before 45 C a 1 end e r Days . 20 The
equipment will be new and will meet the general specifications.
KERR COUNTY COMMISSIONERS' COURT RESERVES THE RICsHT TO ACCEPT ANY
QUALIFIED BII./PROPOSAL OR REiECT AI,L BIDS/PROPOSALS.
Comp~y; R & J Eagle Contractor's, Inc_
By: Robert Puente, Jr.
President Title
Address: 1342_ Indus ri al Blvd. , (Rear )
Phone: (830)773-7727
Fax No.: (830) 757-2311
NOTE: USE THIS FORM ONLY. ADDITIONAL INFORMATION MAY BE ATTACHED.
The County of Kerr does not discriminate ors the basis of race, color, national origiza, sex, religion,
age and disability in employment or the provision of services.
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I£Elt~i CO[TIiTTY shad not be liable or resgansibte for, and shag be saved and held
h~l~s by R & J Eagle Contractor's, Inc. ~VendarNa:-n~ ftaYn a_nd againsr a~ty
artd all suits, ac*aans, lasses, damages, clairxts, or liability of a`~f' chaFaeteF, type or
description including any claim. far subrogation by any insurance cagier, and expenses
Qf litigation, court casts, and attorney's fees fctr in~aar°y ar dea4~t to any Person, or in{~~ to
any property, received or sustained by any person ag persons ar property, arisz*tg out o£
or occasioned by, directly or indirectly, the Perfgrtrtance of R & J Eagle Contrac o ' G
Inc. (Vendor I~1ame~ under this agreement, i_nc~~dia~tg clam and
damages wising in whale or in part frarn the negligens~ of L~ ~~~,Tl~'f'~.
It is the expressed intent of ttte parties to this t4gFeemert that the irtdemnit-y pravdet? far
in this section is art indemnity extended by R & J Eagle Contractor's, Inc.
~Vendar Narnel to indemnify artd pro±ect ICE ~~3~.TI~'' frctrtt tl~e
consequences of ~l~ f:CDUl~~`Y's ow•n negiigerce, v~rhether trte negligence as tlt~: sole
or contributory cause of resultant injury, death ar da~~age.
~na~cy t~
7/C?JQ3
STATE OF TEXAS §
COUNTY OF KERB
AFFIDAVIT
BEFORE ME, the undersigned authority, on this day personally appeared D.-~r-~
pint®, .7x 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
matteer 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 an, or to influence any person to bid
or not to bid thereon.
I further affirm that the Bidder has not giveq offered to give, not imends to give at any
time hereafter any economic opportunity, firUrre employment, gift, loan, gaataaily, special discount,
trip, favor, or service to a public servant in coon with the submitted bid.
SWORN TO AND SUBSCRIBED BEFORE ME by the above AfEant, who, on oath
sues that the fads c~rrtained in the above are true any coned, this 5th day of _
_ Nc~vPmhP 20 04 .
zr ~."4~t ROMELIA C PEREZ
o ~,•
t*= NOTARY PUBLIC
s~ ~P; State of Texas
'~F~~; fComm. Exs. 05-06-2006
Name of Bidder. R & J
Signed by.
Notary Public
State of Texas
Contractor's, Inc_
(Sigp Dame m writi~ (Title)
Address: 1 ~t2 Tnr3,~stri al Rl ~~a - (Rear) . Eagle Pass, Texas 78852
(~P ~)
Telephone Number: (830)773-7727 Date: November 05,2004
NOTE: BIDS NOT ACCOMPANIED BY THIS AFFIDAVIT WIIGI. NOT BE
CONSIDERED.
The County of Ken does not discr~minatP on the basis of race, color, national origin, sex,
religion, age and disability in employment or the provision of services.
afj'sdavic
7/OTJ03
NEASTER SERVICE AGREEIIAENT
This Agreement entered into as of day of
("County") and
20 , by KERIZ 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 WORD
This Agreement shall apply to all services and goods provided by Independent Contractor to KERB
COUNTY whether presently in progress or famished from time to time in the firture. Independent
Contractor shall diligently perform alI work in a skillful and workmanlike manner.
II. COMPENSATION
Independent Contractor shall be entitled to such compensation as specifically authorized by KERN
COUNTY in writing, which may be in the form of a contract, purchase order, work authoriza+ion or other
written document. There shall be no increase in the compensation unless authorized by ;KERB CO aJ147T'Y in
writing.
III. WARRANTIES
Independent Contractor shall perform all work with due diligence, in a good and workQrtankike
manner and in accordance with specifications provided by KERB COUNTY or in the absence of such
specifications, generally accepted professional standards, and, where applicable, standards imposed by la=~
for comparable or similar services. Independent Contractor warrants that the goods delivered under this
Agreement will conform to the specifications provided 6y KERB COUNTY, if any, and that the goods will
be merchantable, of good worlrntanship 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 COI~TTRACTOR
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 KERB COUNTY. Independent Contractor expressly agrees,
aclmowledges and stipulates that neither this Agreement nor the performance of its obligations or duties
there under shall ever result in Independent Contractor, or anyone employed by Independent Contractor,
being: l) an employee, agent or representative of KERB COUNTY; or 2) entitled to any benefits from
KERB COUNTY, including, without limitation, pension, profit sharing or accident insurance or health,
medical, life or disability insurance benefits or coverage, to which employees of KERB COUNTY may be
entitled. KERB COL>N'TY 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 superi~enden,:e of all work
shall be by Independent Contractor, but such work shall meet the approval of KERB COUNTY.
V. INSURANCE
Independent Contractor shall at all times during the term of this Agreement at Independent
Contractor's sole expense carry such insurance as may be reasonably requested by KEICK COUIti""TY,
including, but without limitation, the following types and limits:
Master Service Agceemeirt
7102/03
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 ProductslCompleted 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 Per Person Per Accident
100,000 Per Person Per Disease
500,000 Policy Aggregate -Disease
Any subcontractors of the undersigned Independent Contractor shall be rewired to maintain similar
type insurance with similar type limits. KERR COUNTIT shall be named as an additional insured on all
policies where available and Certificates of such insurance shall be f„mished 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 Comractor.
VI. INDEMNITY
INDEPENDENT CONTRACTOR SHALL PROTECT, DEFEND, INDEMNIFY Ah'D
HOLD HARMLESS KERB COUNTY AND ITS REPRESENTATIVES, OFFICERS, DIRECTORS,
AGENTS, EMPLOYEES, COUNTY CONli'i~IlSSIONERS, AND COUNTY JUDGES, ETC., FROM
AND AGAINST 4~h'Y AND ALL CLAIMS, DEMANDS AND CAUSES OF ACTION ASSERTED BY
ANY PARTY (INCLUDING, BUT NOT LIl~HTED 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 Ai~1D RESULT IN PERSONAL INJUR`a'
(INCLUDING BODILY INJURY), ILLNESS, DEATII 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 KERB COUNTY'S representatives, County Commissioners, officers, partners, employees, agents,
customers, and invitees) for any loss or damage arising from any cause covered by any insurance required to
be carried by Independent Contractor pursuant to this Agreement or any other insurance actually carried by
Independent Contractor. Independent Contractor shall cause its insurer to issue appropriate waiver of
Subrogation endorsements to all policies of insurance carried in connection with this Agreement.
Ivtaster service .9~reement
?/02/03
VIII. VENUE
This Agreemern 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
Phis Agreement constitutes the parties sole agreement and supersedes any prior
understandings or written or oral agreements between the parties with respect to insurance or
indemnification. This Agreement does not waive any terms or conditions with respect to prior
contracts, bids, purchase orders, requests for proposals (RFP), excep± 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. CONFIDENTIALITY
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 far
performance hereunder, make any use of any of KERR COUNTI"S proprietary technical.
information which is disclosed or made available to Independent Contractor by or on behalf of
KER1.R 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: (l) 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 tlae full increase iL cost and any
additional related fees or expenses vacurred 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
7!02!03
In the event that either party commits any material breach of this Agreerr~ert including,
without limitation, any breach of any indemnification obligation, in addition to any other remedy
that the aggrieved parry 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.
KERB Cf3UNTY
BY
INIJEPENDENT C~NTRACTQI~:
Robert enter Jr.
R & J Eagle Contractor's, Inc.
Master Service Agreement
7/02/03