26-15 Fountian Maintenance RFP.pdf

FINANCE DEPARTMENT / PURCHASING DIVISION 5350 Belt Line Road

(972) 450-7071 – Facsimile (972) 450-7074 Post Office Box 9010 Addison, Texas 75001

REQUEST FOR PROPOSALS

The Town of Addison is accepting Request for Proposals (RFP) from all interested parties for the:

Fountain and Splash Pad Maintenance – Annual Contract.

Please pay particular attention to Receipt and Preparation of the bid.

Questions concerning the bidding process shall be asked and answers posted through bidnetdirect.com.

Questions will be answered in a timely manner. All participating vendors will be able to see all answers.

REQUEST FOR PROPOSALS

Town of Addison Request for Proposals (RFP)

Bid No.: Bid No.26-15

Bid Name: Fountain and Splash Pad Maintenance – Annual Contract

Pre-Bid Meeting: November 18, 2025, 10:00 AM Local Time

Location: Addison Circle Park Splash Pad (*Next to Java and Hopps Cafe)

4970 Addison Circle

Addison, Texas 75001

No private tours

Bid Closing: December 4, 2025, 2:00 PM Local Time

Location: Finance Department

Town of Addison

5350 Belt Line

Dallas, Texas 75254

1. Purpose

The purpose of this Request for Proposals (referred to as RFP/proposal/bid/submittal) is to select a qualified contractor to provide turnkey cleaning and maintenance services for the Town of Addison’s display fountains and splash pad. Services shall include the supply and application of chemicals necessary to maintain the highest level of water cleanliness and quality, while ensuring reliable operation and compliance with all applicable health, safety, and environmental regulations.

The selected contractor will be expected to deliver consistent, professional service that enhances the appearance, performance, and longevity of the fountains.

Important: Please pay close attention to bid receipt and preparation requirements.

Questions regarding the bidding process must be posted through Bidnet Direct (bidnetdirect.com). All questions will be answered in a timely manner, and responses will be visible to all participating vendors.

2. Instructions to Bidders

2.1 Receipt and Preparation of the Proposal

1. RFP responses will be received by the Town of Addison until the time specified in the Invitation to Bid. RFPs must be received by the specified time to be considered. Late submissions will not be accepted. No changes may be made to the submittal after closing.

2. RFP responses may be submitted in hard copy to the Finance Department.

3. Respondents are responsible for submitting responses on time.

4. Proposals may be withdrawn prior to the scheduled closing time. Any proposal received after the specified time will not be considered.

5. The Town reserves the right to postpone the bid opening date through an addendum.

6. No changes to a proposal, including pricing, time to completion, or references, may be made after submission.

2.2 Addenda and Explanations

Bidders with questions regarding specifications or terms must submit them through Bidnet Direct

(bidnetdirect.com). All addenda will be issued through Bidnet Direct, and acknowledgment must be returned with your bid.

2.3 Taxes

All bids must be submitted without State Sales Tax. The Town of Addison is exempt, and a Tax

Exemption Certificate will be executed for the successful bidder.

2.4 Examination of Contract Documents and Sites

Bidders must thoroughly examine the contract documents and project site(s) to ensure proposed services meet the specifications. The Town is not responsible for incomplete bid packets.

2.5 Bidding

Bidders should consider the following:

• Any exceptions to the specifications must be clearly stated and included with the bid.

• Include all necessary charges related to the solicitation.

3. Evaluation and Selection Criteria

The Town reserves the right to accept or reject any bid, waive irregularities, and award in the Town’s best interest without compensation to bidders. The Parks Department will recommend the award based on the best overall value. An evaluation committee will score all submittals independently based on the following weighted criteria:

1. Contractor Qualifications and Experience – 40 Points o List similar maintenance contracts performed within the last five (5) years, including client, facility, services, contract length, and qualifications.

o Experience with decorative fountains and splash pads (plumbing, filtration, water quality, controllers, safety compliance).

o Knowledge of applicable health and safety codes.

o Qualifications, certifications, or licenses of staff.

o Demonstrated ability to respond promptly to service calls and perform preventive maintenance.

2. Proposal Price – 40 Points o The lowest responsive bid will receive the maximum score; higher bids scored proportionally.

o Award based on total bid costs; payment will not be based on actual quantities installed.

o Monthly invoicing for approved services.

o Any services outside the approved scope must be preauthorized by authorized Town staff

3. References and Past Performance – 20 Points o Provide at least three (3) references with client name, representative, and contact information.

o Evaluation based on quality, relevance, responsiveness, reliability, and history of meeting contract requirements.

Award will be based on analysis of the above criteria.

Anticipated Start Date: January 1, 2025

4. Certificates of Insurance and Indemnification

• Minimum coverage: $1,000,000 general liability and workers’ compensation per Texas Labor

Code § 406.096.

• Submission of a bid confirms compliance with these requirements.

5. Resolution of Disputes

Pursuant to Subchapter I, Chapter 271, Texas Local Government Code:

1. Written notice describing the basis of the claim must be delivered within 180 days of the event.

2. If unresolved, each party shall appoint an authorized person to meet in person to resolve the claim.

3. If still unresolved, senior management from each party shall meet promptly to resolve the issue.

6. Non-Discrimination Policy

The Town prohibits discrimination based on race, color, sex, or national origin in contract awards or performance. All employees, agents, and contractors must adhere to this policy.

7. General Conditions

1. Invoices submitted to Accounts Payable, accountspayable@addisontx.gov. Payment within 30 days of receipt and acceptance.

2. Scope changes must be agreed upon in writing before extra work begins.

3. Waivers of contract terms do not constitute a waiver of future breaches.

4. This response and submitted documents, once accepted, constitute a binding contract. No additional terms will apply unless executed in an addendum or change order.

5. Vendor must comply with all federal, state, and local laws.

6. Subletting or assigning work requires written consent of the Town.

7. Minimum wage laws must be followed.

8. Silence of specifications shall defer to best commercial practices.

9. Suppliers must disclose prior or pending litigation and conflicts of interest.

8. Termination of Agreement

8.1 By Town

• Failure to perform as specified constitutes material default.

• Town may terminate immediately or perform services and recover costs at 200% of out-of-pocket expenses.

• Town may cancel without cause with 10 days’ written notice.

• Funding contingencies may require contract cancellation.

8.2 By Contractor

• Contractor may cancel with 60 days’ written notice.

• Town may deduct costs associated with re-bidding or remaining contract services.

9. Fountain & Splash Pad Maintenance Specifications

9.1 Intent

The Town seeks a maintenance firm for five (5) fountain areas from January 1 through December 31. The contract may be extended for up to five (5) additional 12-month periods, with annual CPI-based price increases not exceeding 3%.

9.2 Pre-Bid Meeting

• November 18th, 2025; 10:00 am, local time at Addison Circle Park, 4970 Addison Circle.

• *Highly recommended, but not mandatory.

9.3 Addresses of Fountains

Location Features

Quorum Park, 16201 Quorum Drive 1 large fountain, 1 small fountain, each with a vault

Le Grande Park, 14816 Le Grande Drive 1 fountain with pump house

Bosque Park, 15675 Quorum Drive 1 fountain with small vault

Vitruvian Development, Vitruvian Way at Bella Ln 1 fountain with small vault

9.4 Scope of Services

• Supply and apply chemicals; clean fountains and vaults to maintain water chemistry and clarity.

• Minimum weekly service; Quorum Park and Addison Circle Park require additional visits for debris, special events, and inclement weather.

• Maintain all plaster, tile, and rock surfaces.

• Daily monitoring of Splash Pad: water tests, chemical controllers, vault and pad cleaning, documentation for Parks Department.

• Adjust timers for daylight changes and special events.

• Emergency maintenance for contaminants or accidents, following safety protocols.

• Special events require fountain shut-down and clean-up as requested (e.g., Taste of Addison, Addison Kaboom Town, Addison Oktoberfest).

• Weekly, monthly, bi-monthly, and annual maintenance as specified, including filter cleaning, equipment inspections, and water quality tests.

• Trash and debris must be removed; chemicals stored properly in vaults.

• Fountains will not be winterized; circulation continues at temperatures above 36°F.

9.5 Equipment Responsibility

• Contractor responsible for damage caused by neglect; manufacturer defects excluded.

• Repairs outside maintenance scope require Parks Operations Manager approval.

9.6 General Requirements

• Minimum 5 years’ experience with similar fountains and splash pads.

• Licensed appliance installer or electrician on staff.

• All employees must be direct employees (background checks required).

• Provide all chemicals and cleaning equipment.

• Additional maintenance quoted on hourly basis.

• Weekly service; monthly invoicing.

9.7 Fountain Equipment

• Detailed equipment list provided for Quorum Park, Le Grande Park, Bosque Park, Addison Circle

Park (Grove, Scupper, Splash Pad), and Vitruvian Development.

9.8 Miscellaneous Repairs

• Written report and cost estimate for repairs required.

• Response to service requests within five (5) working days.

• Work Orders detailing time, materials, and work performed must be submitted within 24 hours.

• Parts invoiced at cost plus markup; defective parts returned to Town.

• Contractors must adhere to site access and landscaping requirements.

• Time charged begins upon arrival and ends upon departure; travel time excluded.

*Note: Double click on the map to bring up photos of each area and then scroll through them.

SAMPLE CONTRACT AGREEMENT

CONTRACT SERVICES AGREEMENT

Fountain and Splash Pad Maintenance

RFP #

This Contract Services Agreement (“Agreement”) is made by and between the Town of Addison, Texas (“City”), and [NAME] (“Contractor”) (each a “party” and collectively the “parties”), acting by and through their respective authorized representatives.

RECITALS

WHEREAS, City desires to engage Contractor to perform certain work and services, hereinafter referred to only as "services", as further specified in the Scope of Services defined in Section 1 of this

Agreement; and

WHEREAS, Contractor has expressed a willingness to perform said services in conformance with this Agreement.

NOW, THEREFORE, for and in consideration of the covenants and promises made one to the other herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

Section 1. Scope of Services

Upon notice to proceed by City, Contractor agrees to provide the necessary services, labor, materials, equipment and supplies related to turnkey cleaning and maintenance services for the City’s

Display Fountains and Splash Pad, such services being more fully described herein and pursuant to the

Contract Documents and Contractor’s Proposal attached as Exhibit A. Contractor shall not be entitled to any claim for extra services, additional services or changes in the services, except as expressly authorized in writing in advance by City.

Section 2. Term of Agreement

The term of this Agreement shall begin on the last date of execution hereof (the “Effective Date”) and shall continue until Contractor completes the services required herein to the satisfaction of City and has been paid in full by City, unless sooner terminated in conformance with this Agreement.

Section 3. Contract Documents

This Agreement is a part of the “Contract Documents”, which include:

(1) This Agreement, including all exhibits and addenda hereto;

(2) City’s solicitation for bids for [RFP #];

(3) City’s written notice(s) to proceed to the Contractor;

(4) Contractor’s Estimate and Scope of Work attached as Exhibit A;

(5) Properly authorized change orders; and

(6) Any other materials distributed by the City that relate to the services.

In the event there exists a conflict between any term, provision and/or interpretation of the Contract

Documents, the documents shall take precedent and control in the order listed above in this section. If discrepancies are found that may impact construction of the services, it shall be the Contractor’s obligation to seek clarification as to which requirements or provisions control before undertaking any work on that component of the services. Should the Contractor fail or refuse to seek a clarification of such conflicting or inconsistent requirements or provisions prior to any work on that component of the services, the Contractor shall be solely responsible for the costs and expenses - including additional time -necessary to cure, repair and/or correct that component of the services.

Section 4. Contractor’s Obligations

(a) Performance of Services. Contractor shall furnish and pay for all labor, tools, materials, equipment, supplies, transportation and management necessary to perform the services. To the extent reasonably necessary, Contractor may engage the services of any agents, assistants, or other persons that

Contractor may deem proper to assist in the performance of the services under this Agreement; provided, that Contractor shall be responsible for all costs related thereto, except as expressly authorized in writing in advance by City.

(b) Standard of Care. Contractor shall perform the services with the skill and care ordinarily provided by competent Contractors practicing in the same or similar locality and under the same or similar circumstances. Contractor shall be responsible for the Contractor quality, technical accuracy, and the coordination of all services under this Agreement. Without additional compensation, the contractor shall correct or revise any errors or deficiencies in the services. Contractor shall further make, without expense to City, such revisions to the services as may be required to meet the needs of City and which are within the Scope of Services.

(c) Additional Services. Should City require additional services not included under this

Agreement, Contractor shall make reasonable effort to provide such additional services at mutually agreed charges or rates, and within the time schedule prescribed by City; and without decreasing the effectiveness of the performance of services required under this Agreement.

(d) No Waiver of City’s Rights. Neither City's review, approval/acceptance of, nor payment for any of the services required under this Agreement, shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement, and Contractor shall be and remain liable to City in accordance with applicable law for all damages to

City caused by Contractor's negligent performance of any of the services furnished under this Agreement.

(e) Independent Contractor. It is understood and agreed by and between the parties that

Contractor, while performing under this Agreement, is acting independently, and that City assumes no responsibility or liabilities to any third party in connection with Contractor’s actions. All services to be performed by Contractor pursuant to this Agreement shall be in the capacity of an independent contractor, and not as an agent or employee of City. Contractor shall supervise the performance of its services and shall be entitled to control the manner and means by which its services are to be performed, subject to the terms of this Agreement. There is no intended third-party beneficiary to this Agreement.

(f) Inspection of Records. Contractor grants City and its designees the right to audit, examine or inspect, at City's election, all of Contractor's Records relating to the performance of services under this Agreement, during the term of the Agreement and any retention period herein. City’s audit, examination or inspection of Contractor’s Records may be performed by a City designee, which may include its internal auditors or an outside representative engaged by City. Contractor agrees to retain

Contractor’s Records for a minimum of four (4) years following termination of the Agreement, unless there is an ongoing dispute under the contract; then, such retention period shall extend until final resolution of the dispute. "Contractor's Records" shall include any and all information, materials and data of every kind and character generated as a result of the services under this Agreement. City agrees that it will exercise its right to audit, examine or inspect Contractor’s Records only during regular business hours. Contractor agrees to allow City and its designees access to all of Contractor's Records, Contractor's facilities and the current or former employees of Contractor, deemed necessary by City or its designee(s), to perform such audit, inspection or examination.

(g) Confidential Information. Contractor agrees it will notify City in writing if it considers specific information to be confidential or proprietary trade secrets and will use its best efforts to clearly mark all such information as “Confidential” and/or “Proprietary – Trade Secret” at the time it is delivered or made accessible to City. City acknowledges that all such designated information is considered by

Contractor to be confidential and the exclusive property of Contractor. Notwithstanding the foregoing, Contractor acknowledges that this Agreement, and all services performed hereunder, are subject to the legal requirements of the Texas Public Information Act and that City will have no obligation to protect or otherwise limit disclosure of any confidential or proprietary information if Contractor has not notified

City of such designation in conformance with this section. Contractor agrees and covenants to protect any and all proprietary rights of City in any materials provided to Contractor. Additionally, any materials provided to Contractor by City shall not be released to any third party without the consent of City and shall be returned intact to City upon termination or completion of this Agreement or if instructed to do so by City. In the event City delivers to Contractor information that it has expressly marked “Confidential” or has notified Contractor is confidential or is the proprietary information of a third-party, Contractor agrees it shall not disclose to anyone directly or indirectly during the term of this Agreement or at any time thereafter, any such information, nor shall it use any such information for any purpose other than in connection with Contractor’s performance of the services under this Agreement. Contractor shall further, at its own expense, defend all suits or proceedings instituted against City and pay any award of damages or loss resulting from an injunction, against City, insofar as the same are based on any claim that materials or services provided under this Agreement constitute an infringement of any patent, trade secret, trademark, copyright or other intellectual property rights.

(h) Certification of No Conflicts. Contractor hereby warrants to the City that Contractor has made full disclosure in writing of any existing or potential conflicts of interest related to Contractor's services under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement, Contractor hereby agrees immediately to make full disclosure to the City in writing.

Section 5. Performance Schedule

(b) Time for Performance. Contractor shall perform all services as provided for under this

Agreement in a proper, efficient, timely, and Contractor manner in accordance with City's requirements.

In the event Contractor's performance of this Agreement is delayed or interfered with by acts of the City or others, Contractor may request an extension of time in conformance with this Section 5 for the performance of same as hereinafter provided but shall not be entitled to any increase in fee or price, or to damages or additional compensation as a consequence of such delays.

(c) Extensions; Written Request Required. No allowance of any extension of time, for any cause whatever (including an event of Force Majeure as defined herein below), shall be claimed or made to Contractor, unless Contractor shall have made written request upon City for such extension within forty-eight (48) hours after the cause for such extension occurred, and unless City and Contractor have agreed in writing upon the allowance of additional time to be made.

Section 6. Payment.

(a) Payment Terms. City agrees to pay Contractor for all services authorized in writing and properly performed by Contractor in general conformance with Contractor’s Proposal, attached hereto as

Exhibit A. Unless otherwise agreed by the parties, all payments to Contractor by City shall be based on detailed monthly invoices submitted by Contractor for work performed and accepted by City, less any previous payments. Payment will be due within 30 days of the City’s receipt and acceptance of an approved invoice. Notwithstanding the foregoing, City reserves the right to delay, without penalty, any payment to Contractor when, in the opinion of City, Contractor has not made satisfactory progress on any component of the services described in the Scope of Services

(b) Compensation. Contractor’s total compensation for the services under this Agreement shall not exceed $XXXX (the “Contract Price”), subject to the parties’ mutual agreement for Contractor to provide additional services in conformance with this Agreement. City may deduct from any amounts due or to become due to Contractor any sum or sums owing by Contractor to City. In the event of any breach by Contractor of any provision or obligation of this Agreement, or in the event of the assertion by other parties of any claim or lien against City, or City's premises, arising out of Contractor's performance of this Agreement, City shall have the right to retain out of any payments due or to become due to

Contractor an amount sufficient to completely protect City from any and all reasonably anticipated loss, damage or expense therefrom, until the breach, claim or lien has been satisfactorily remedied or adjusted by Contractor.

(c) Appropriation of Funding. All payments made hereunder shall be paid solely from lawfully available funds appropriated by City. Under no circumstances shall City’s obligations hereunder be deemed to create any debt within the meaning of any constitutional or statutory provision.

Consequently, notwithstanding any other provision of this Agreement, the City shall have no obligation or liability to pay any amount due under this Agreement unless the City appropriates funds to make such payment during the budget year in which said amount is payable; provided that during the term of this

Agreement City will take such steps as necessary to appropriate funding for the Project each fiscal year in an amount sufficient to satisfy the reasonably anticipated payment(s) that will become due to Contractor during the ensuing fiscal year. City shall not be obligated to pay any commercial bank, lender or similar institution for any loan or credit agreement made by the Contractor. None of the City’s obligations under this Agreement shall be pledged or otherwise encumbered in favor of any commercial lender and/or similar financial institution.

Section 7. Default; Force Majeure

(a) Default; Notice to Cure. A party shall be deemed in default under this Agreement if the party is in breach of a material provision of this Agreement and said breach is not cured within fifteen

(15) days written notice of default by the other party. In the event the breaching party has notified the other party in writing that it is diligently working to cure the breach and has provided reasonable evidence in support of the same, the breaching party shall not be deemed in default until the thirtieth (30th) day following the non-breaching party’s notice of default.

(b) Default by Contractor. In addition to default under Section 6(a) above, Contractor shall be in default under this Agreement if Contractor fails to comply or becomes disabled and unable to comply with the provisions of this Agreement related to Contractor’s performance of the services, including the quality or character of the services or time of performance for any material component of the services. If such default is not corrected within ten (10) days from the date of City’s written notice to

Contractor regarding the same, City may, at its sole discretion without prejudice to any other right or remedy:

(i) Terminate this Agreement and be relieved of the payment of any further consideration to Contractor except for all services determined by City to be satisfactorily completed prior to termination. Payment for services satisfactorily completed shall be for actual costs, including reasonable salaries and travel expenses of Contractor to and from meetings called by City at which Contractor is required to attend, but shall not include any loss of profit of Contractor. In the event of such termination, City may proceed to complete the services in any manner deemed proper by City, either by the use of its own forces or by re-subletting to others; or

(ii) City may, without terminating this Agreement or taking over the services, furnish the necessary labor, materials, equipment, supplies and/or assistance necessary to remedy the situation, at the expense of Contractor.

(c) Force Majeure. To the extent either party of this Agreement shall be wholly or partially prevented from the performance of any obligation or duty placed on such party by reason of or through work strikes, stoppage of labor, riot, fire, flood, acts of war, insurrection, court judgment, or a government restriction, quarantine or mandatory closure order enacted in response to a pandemic or other public health crises, or other specific cause reasonably beyond the parties control and not attributable to its malfeasance, neglect or nonfeasance (each an event of “Force Majeure”), the time for performance of such obligation (other than a payment obligation) may be extended for a period equal to the time lost by reason such event, provided, that the party complies with the provisions of this section. Specifically, the party asserting Force Majeure (i) shall give prompt notice to the other party of the prevention of performance as soon as the asserting party is reasonably aware of such prevention, and (ii) has the burden of demonstrating (A) how and why their performance was so prevented, (B) the period of time during which they were so prevented from performing (which under the facts may be equal to, or shorter or longer than, the duration of the Force Majeure event itself), and (C) that the party used commercially reasonable efforts to mitigate and/or eliminate such prevention and resumed performance under this

Agreement as soon as reasonably practicable.

Section 8. Termination; Suspension

(a) Termination Upon Default. Either party may terminate this Agreement upon written notice if the other party is in default of this Agreement, subject to the defaulting party’s right to cure in conformance with the terms of this Agreement.

(b) Termination by City. City shall be entitled to terminate this Agreement, with or without cause, by providing thirty (30) days prior written notice to Contractor.

(c) Termination Following Request for Modification. Should City require a modification of this Agreement with Contractor, and in the event City and Contractor fail to agree upon a modification to this Agreement, City shall have the option of terminating this Agreement and Contractor's services hereunder at no additional cost other than the payment to Contractor, in accordance with the terms of this

Agreement, for the services reasonably determined by City to be properly performed by Contractor prior to such termination date.

(d) Suspension. City reserves the right to suspend this Agreement for the convenience of

City by issuing a written notice of suspension which shall describe City’s reason(s) for the suspension and the expected duration of the suspension. Such expected duration shall, in no way, guarantee what the total number of days of suspension shall occur. Such suspension shall take effect immediately upon

Contractor’s receipt of said notice. Should such suspension extend past the expected duration identified by City in its latest notice of suspension, Contractor shall have the right to terminate this Agreement if

Contractor if (i) Contractor provides not less than thirty (30) days prior written notice to City requesting to recommence the services, and (ii) City does not recommence the services within the time requested.

Section 9. Insurance

Contractor shall during the term hereof maintain in full force and effect all policies of insurance reasonably required by City. Contractor’s obligation to provide acceptable certificates of insurance is a material condition of this Agreement, and services under this Agreement shall not commence until certificates of insurance have been received, reviewed, and accepted by City. The minimum coverages and limits of liability for the policies of insurance required under this Agreement are maintained by and accessible through the City’s purchasing department.

Section 10. Indemnification; Notice.

CITY SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE, OR INJURY OF ANY KIND OR

CHARACTER TO ANY PERSON OR PROPERTY ARISING FROM THE SERVICES OF

CONTRACTOR PURSUANT TO THIS AGREEMENT. CONTRACTOR HEREBY WAIVES ALL

CLAIMS AGAINST CITY, ITS OFFICERS, AGENTS AND EMPLOYEES (COLLECTIVELY

REFERRED TO IN THIS SECTION AS “CITY INDEMNITEES”) FOR DAMAGE TO ANY

PROPERTY OR INJURY TO, OR DEATH OF, ANY PERSON ARISING AT ANY TIME AND FROM

ANY CAUSE OTHER THAN THE NEGLIGENCE OR WILLFUL MISCONDUCT OF THE CITY

INDEMNITEES. CONTRACTOR AGREES TO INDEMNIFY AND SAVE HARMLESS THE CITY

INDEMNITEES FROM AND AGAINST ANY AND ALL LIABILITIES, DAMAGES, CLAIMS,

SUITS, COSTS (INCLUDING COURT COSTS, REASONABLE ATTORNEYS’ FEES AND COSTS

OF INVESTIGATION) AND ACTIONS OF ANY KIND BY REASON OF INJURY TO OR DEATH OF

ANY PERSON OR DAMAGE TO OR LOSS OF PROPERTY TO THE EXTENT CAUSED BY THE

NEGLIGENT PERFORMANCE OF SERVICES UNDER THIS AGREEMENT OR BY REASON OF

ANY NEGLIGENT ACT OR OMISSION ON THE PART OF CONTRACTOR, ITS OFFICERS,

DIRECTORS, SERVANTS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, LICENSEES,

SUCCESSORS OR PERMITTED ASSIGNS (EXCEPT WHEN SUCH LIABILITY, CLAIMS, SUITS,

COSTS, INJURIES, DEATHS OR DAMAGES ARISE FROM OR ARE ATTRIBUTED TO THE

NEGLIGENCE OR WILFUL MISCONDUCT OF A CITY INDEMNITEE, IN WHOLE OR IN PART, IN

WHICH CASE CONTRACTOR SHALL INDEMNIFY THE CITY INDEMNITEE TO THE EXTENT

OR PROPORTION OF NEGLIGENCE ATTRIBUTED TO CONTRACTOR, ITS OFFICERS, AGENTS,

OR EMPLOYEES AS DETERMINED BY A COURT OR OTHER FORUM OF COMPETENT

JURISDICTION).

Notices of Claim. Contractor shall promptly advise City in writing of any claim or demand against the

City, related to or arising out of Contractor’s acts or omissions under this Agreement and shall see to the investigation and defense of such claims or demand at Contractor’s sole cost and expense; provided, that

City, at its option and at its own expense, may participate in such defense without relieving Contractor of any of its obligations hereunder. Contractor’s obligations under this section shall not be limited to the limits of coverage of insurance maintained or required to be maintained by Contractor under this

Agreement.

THE PROVISIONS OF THIS SECTION SHALL SURVIVE TERMINATION OF THIS AGREEMENT

FOR A PERIOD OF FOUR (4) YEARS.

Section 11. Notice.

All notices required by this Agreement shall be in writing and addressed to the parties at the addresses set forth on the first page of this Agreement (or to such other address that may be designated by the receiving party from time to time in accordance with this section). All notices shall be delivered by personal delivery, nationally recognized overnight courier (with all fees pre-paid), or e-mail of a PDF document (with confirmation of transmission) or certified or registered mail (in each case, return receipt requested, postage prepaid). Except as otherwise provided in this Agreement, a notice is effective only (a) upon receipt by the receiving party, and (b) if the party giving the notice has complied with the requirements of this section.

Section 12. Verifications by Contractor

Contractor’s execution of this Agreement shall serve as its formal acknowledgement and written verification that:

(a) if the requirements of Subchapter J, Chapter 552, Government Code, apply to this

Agreement and Contractor agrees that the Agreement can be terminated if Contractor knowingly or intentionally fails to comply with a requirement of that subchapter;

(b) pursuant to Texas Government Code Chapter 2270, that Contractor’s organization does not presently boycott Israel and will not boycott Israel during the term of this Agreement; and

(c) pursuant to Texas Government Code Chapter 2251, that Contractor’s organization does not currently discriminate against firearm and ammunition industries and will not for the term of the contract. Discriminating means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with the firearm or ammunition industry or with a person or entity doing business in the firearm or ammunition industry, but does not include an action made for ordinary business purposes.

Section 13. Miscellaneous

(a) Contractor shall not assign or sublet this Agreement, in whole or in part, without the prior written consent of City. (b) Contractor shall comply with all federal, state, county and municipal laws, ordinances, resolutions, regulations, rules, and orders applicable to the services under this Agreement.

(c) The laws of the State of Texas shall govern this Agreement; and venue for any action concerning this

Agreement shall be in the state district courts of Dallas County, Texas. The parties agree to submit to the personal and subject matter jurisdiction of said courts. (d) This Agreement contains the entire understanding of the parties with respect to the subject matter hereof and there are no oral understandings, statements or stipulations bearing upon the meaning or effect of this Agreement which have not been incorporated herein. (e) The exhibits attached hereto, if any, are incorporated herein and made a part hereof for all purposes. (f) Unless expressly provided otherwise herein, this Agreement may only be modified, amended, supplemented or waived by a mutual written agreement of the parties. (g) In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions, and the Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in it. (h) Any of the representations and obligations of the parties, as well as any rights and benefits of the parties pertaining to a period of time following the termination of this Agreement shall survive termination. (i) This Agreement may be executed by the parties in separate counterparts, each of which when so executed and delivered shall be an original, but all such counterparts shall together constitute one and the same instrument. Each counterpart may consist of any number of copies hereof each signed by less than all, but together signed by all of the parties. (j)

Each party represents that it has full capacity and authority to grant all rights and assume all obligations granted and assumed under this Agreement. (k) Subject to the provisions regarding assignment, this

Agreement shall be binding on and inure to the benefit of the parties to it and their respective heirs, executors, administrators, legal representatives, successors and assigns.

[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK -

SIGNATURE PAGE FOLLOWS]

The parties have executed and delivered this Agreement as of the Effective Date.

For City:

TOWN OF ADDISON, TEXAS

By:

David Gaines

City Manager

Date:

For Contractor:

[NAME]

By:

[NAME]

[TITLE]

Date:

Notice Address:

Town of Addison

Attn: David Gaines, City Manager

P.O. Box 9010

Addison, Texas 75254

E: dgaines@addisontx.gov

Notice Address:

mailto:dgaines@addisontx.gov

BID 26-15

FOUNTAIN MAINTENANCE – ANNUAL CONTRACT

Company Name ________________________________________________________________

Address___________________________________City_______________________Zip_______

Phone (______) _______________________Fax (_______) ________________________

Print Contact Name __________________________________________

I have received, read, and will abide by all pages of these specifications. I am a legal agent of the above-named company and am fully authorized to sign this bid. Affiant further states that Bidder has not paid, given, or donated or agreed to pay, give or donate to any officer or employee of the Town of Addison any money or other thing of value, either directly or indirectly, in award of the Bid.

Authorized Signature Print Name/Title Date

Description Months Monthly Annual Cost

Fountain maintenance, to include all items subsidiary for maintenance as described in the specifications, including but not limited to labor, chemicals, equipment, tools and parts.

Quorum Park, large fountain with vault 12 $____________ $___________

Quorum Park, small fountain with vault 12 $____________ $___________

Le Grande fountain with pump house 12 $____________ $___________

Bosque Park fountain with vault 12 $____________ $___________

Addison Circle Park with vault and Splash Pad 12 $____________ $___________

Addison Circle Park Grove and Scupper 12 $____________ $___________

Vitruvian District with vault 12 $____________ $___________

All Canisters cleaned (Splash Pad) bi-monthly 6 $____________ $___________

Heavy rain cleaning Groves additional each $____________ $___________

Heavy rain cleaning Large Quorum each $____________ $___________

Extra fillers for Grove’s fountain (additional pack of 4 ) _$____________

Grand Total $___________

Labor for Misc. Fountain Repairs to pumps, lights, etc. $________/man hour

Labor for Additional Site Visits $________/man hour

Labor for Splash Pad Emergency shutdowns (including trip charge) $________/ man hour

Parts for Misc. Fountain, Splash Pad and Light Repairs Contractor’s Cost plus _________%

Check: ______ Bidder’s Qualifications sheet attached

______ Bid signed

______ Conflict of interest Disclosure

Exceptions/Comments: Company _________________________________________

QUALIFICATION OF BIDDER STATEMENT

BIDDER: _______________________________________________

PROJECT: ______________________________________________

Authorized Signature Print Name/Title Date

COMPANY INFORMATION:

Number of years in fountain maintenance business? ______

Number of years at current location? _______

Do you maintain a permanent commercial business office? ______

Conflict failures or Litigation: Disclose any contract failures, civil or criminal litigation, or investigations involving claims over $50,000.00 or impacting contract performance? _____

Conflict of Interest: Disclose any financial or personal relationships with Town Officials or employees that could create conflict of interest? ________________________________

Have you or any present partners or officers failed to complete a contract: _____ If yes, give name of owner and/or surety?

Can you be reached 24 hours a day (in an emergency)? ________

By what means? Pager#_______________ Cell Phone#_____________

Answer Svc#______________ Other#_______________

INSURANCE:

Do you meet all insurance requirements as stipulated in the specifications ($1 million liability, worker’s compensation per Texas Labor code)? _________

Does your company engage in building or construction as its primary business? ___ Yes ___No

If yes, please include information on your Workers Compensation policy along with this bid.

State law requires that contractors engaging in building and construction must have Workers

Compensation insurance coverage.

BANKING REFERENCE:

Name of Bank ___________________Officer's Name______________

Telephone Number _______________Years business with Bank____

CUSTOMER REFERENCES

Users you have provided with this product or service. Please use comparable projects and government entities, if any.

COMPANY NAME PROJECT CONTACT NAME PHONE NUMBER