01 - RFP 2026-026 Landscape Maintenance Services.pdf

REQUEST FOR PROPOSALS

Proposal Reference Number: RFP 2026-026

Project Title: Landscape Maintenance Services

ANTICIPATED SCHEDULE

RFP Issue Date August 29, 2026

RFP Publication Dates August 29, 2026 & September 5, 2026

Virtual Pre-Proposal Conference September 9, 2026, at 10:00 A.M. CDT

Deadline for Questions September 11, 2026

Proposals Due September 17, 2026, 2:00 P.M. CDT

Projected Interviews (if applicable) September 22, 2026

Recommendation to City Council October 19, 2026

Important Information The City of Burleson will receive sealed proposals for the services specified until the deadline indicated above. Proposals will only be received electronically through the City’s e-procurement system, Bonfire, at https://burlesontx.bonfirehub.com (registration required), which the City has adopted for the receipt of electronic proposals under Section 252.0415 of the Texas Local Government Code.

Extensions will not be granted. Late submittals will not be accepted.

Questions and requests for additional information should be made in writing and no later than the deadline for the questions above and shall be directed to the Purchasing Manager through the Bonfire portal at https://burlesontx.bonfirehub.com or by e-mail to purchasing@burlesontx.com. Only written responses issued by addendum are binding on the City.

Any interpretations, corrections, clarifications, or changes to this Request for Proposals or specifications will be issued via addendum. Addenda will be posted in Bonfire at https://burlesontx.bonfirehub.com. It is the responsibility of the respondent to monitor the Bonfire portal for addenda. Proposers shall acknowledge receipt of each addendum by submitting a signed copy with their proposal. Failure to acknowledge an addendum that does not affect price, quantity, quality, or delivery may be waived or cured at the City’s discretion. Oral explanations will not be binding.

The City of Burleson reserves the right to reject any or all proposals, to waive any informality or irregularity that is not material, and to re-solicit. No officer or employee of the City of Burleson shall

City of Burleson RFP 2026-026 Landscape Maintenance Services have a financial interest, direct or indirect, in this or any contract with the City of Burleson, consistent with Chapter 171 of the Texas Local Government Code and Section 132 of the City Charter. Minority and small business vendors are encouraged to submit bids/proposals on applicable City solicitations.

Pre-Proposal Conference

• A non-mandatory pre-proposal conference will be hosted virtually on Microsoft Teams on Wednesday, September 9, 2026, at 10:00 A.M. CDT. Attendance is encouraged but is not a condition of award. Statements made at the conference are not binding on the City unless confirmed by written addendum.

Microsoft Teams meeting Join: https://teams.microsoft.com/meet/266427404222772?p=oPfFFV8wTgeqnheTWg Meeting ID: 266 427 404 222 772 Passcode: YL2mN7Cf

Euna Submission

• We are requesting Offerors submit via Bonfire. If there are any questions or concerns on how to do so, please contact Euna Vendor Support: For support using the platform, access the online knowledge base, search the FAQ, or contact the Euna support team at Support.bonfire@EunaSolutions.com or 1-844-226-3862.

• Please be sure to select the NIGP codes associated with your type of business or organization.

Our solicitations will be set up using those codes and will be matched to vendors with the same codes. If you are already registered with Bonfire, you may use your existing name and password to register with the City of Burleson.

• Each submission must be accompanied by a Bid Bond made payable to City in an amount of five (5) percent of the Bidder’s total bid price. Unless otherwise approved in writing by the City, the surety company underwriting the bond shall be authorized to transact surety business in the State of Texas and shall be listed on the most current U.S. Department of the Treasury Circular 570 in an underwriting limitation at least equal to the penal sum of the bond. The Bid Bond must be submitted electronically with the proposal; original Bid Bonds must be sent to the address listed below.

• Bid Bonds provided by a Proposer will be retained until the conditions of the Notice of Award have been satisfied. If the successful Proposer fails to execute and return the Contract Documents within 14 days after the Notice of Award conveying same, City may consider Proposer to be in default, rescind the Notice of Award and act on the Bid Bond. Such action shall be City’s exclusive remedy in the event Proposer is deemed to have defaulted.

• Additionally, the successful Proposer must furnish the Performance Bond described in the General Information section of this RFP within ten (10) business days after the City issues a notice of intent to award, and before commencing any work. The original Performance Bond shall be delivered to:

RFP 2026-026 Bond Submission 141 W. Renfro Burleson, Texas 76028 Attn: Andrea Anderson

Proposal Opening

• Because this is a competitive sealed proposal procurement, proposals will not be publicly opened, and their contents will not be disclosed to competing offerors. Consistent with Section 252.049(b) of the Texas Local Government Code, proposals will be opened in a manner that avoids disclosure of their contents to competing offerors and keeps the proposals confidential during evaluation and negotiation. A virtual session will be held on Microsoft Teams on Thursday, September 17, 2026, at 3:00 P.M. CDT, at which the City will announce only the names of the Proposers that submitted. No pricing or other proposal content will be read aloud or released. Proposals become subject to public inspection only after the contract is awarded, and trade secrets and confidential information remain excepted from disclosure.

Microsoft Teams meeting Join: https://teams.microsoft.com/meet/242175534737020?p=QxTO5YijPRtCkoUJ6L Meeting ID: 242 175 534 737 020 Passcode: uV9dZ7Va

TABLE OF CONTENTS

Request for Proposals Introduction ........................................................ 1-15 Definitions General Information RFP Withdrawals and/or Amendments Proposal Submittal Requirements Proposal Evaluation and Contract Award

Appendix A – Scope of Services ................................................ A1-8 Scope of Services Descriptions

Appendix B – Proposal Requirements ...................................... B1-7 Proposal Cover Page Submittal Checklist Evaluation Criteria

Request for Proposals 2026-026 Landscape Maintenance Services

1. Introduction The City of Burleson (“City”) is requesting Proposals with the intent of awarding a contract for an initial term of three (3) years, commencing on the date of execution and ending September 30, 2029, with the option — exercisable by the City in its sole discretion — to extend for up to two (2) additional one-year terms through September 30, 2031, for comprehensive landscape maintenance services for designated City landscape beds, downtown areas, Old Town, Mayor Vera Calvin Plaza, medians, and other landscaped properties identified within the associated interactive map and Property Listing and related services necessary to maintain a clean, uniform, and professionally maintained appearance. Vendors may submit proposals for one, some, or all service tiers identified in the scope of services. All City obligations under the resulting contract are subject to annual appropriation of funds by the City Council, and the contract is terminable without penalty if funds are not appropriated in any fiscal year.

2. Definitions Proposal: The signed and executed submittal of the entirety of Appendix B – Proposal.

Proposer: The Proposer and the Proposer’s designated contact signing the first page of the Proposal.

City of Burleson (“City”): The City of Burleson, Texas.

Project: The name of this Request for Proposals as identified on the cover sheet and first page of Appendix A – Scope of Services.

Purchasing Manager: The City of Burleson Purchasing Manager is Andrea Anderson.

Phone: (817) 426-9847 E-Mail: purchasing@burlesontx.com

Request for Proposals (RFP): The entirety of this document, including all Appendices and Addenda.

Contract: The City of Burleson Service Agreement (Appendix C) executed by the City and the successful Proposer, together with the documents incorporated in the Contract Award section of this RFP.

Best Value: The determination made by the City under Section 252.043 of the Texas Local Government Code, applying the evaluation criteria and relative weights stated in this RFP.

Responsive Proposal: A Proposal that conforms in all material respects to the requirements of this RFP.

Responsible Proposer: A Proposer that has the financial capability, experience, equipment, personnel, licensing, integrity, and record of past performance necessary to perform the Contract.

City’s Designated Representative: The Parks Superintendent or his or her designee, who is the City’s point of contact for day-to-day administration of the Contract. Where this RFP refers to the Deputy Director of Parks, the Park Superintendent, or the Superintendent, those references mean the City’s Designated Representative.

Day: A calendar day unless the RFP expressly states business days.

3. General Information

a. Tax Exempt Status: City purchases are exempt from State Sales Tax and Federal Excise Tax. Do not include tax in the Proposal. City will furnish Excise Tax Exemption Certificate upon request.

b. Public Inspection of Proposals: The City strictly adheres to the Texas Public Information Act (Texas

Government Code Chapter 552.001, et seq.) and all other governing statutes, regulations, and laws regarding the disclosure of RFP information. Proposals are not available for public inspection until after the contract award. Under Section 252.049 of the Texas Local Government Code, proposals are not open for public inspection until after the contract is awarded, and trade secrets and confidential information in proposals are not open for public inspection. A Proposer that contends any portion of its Proposal is excepted from disclosure must (i) identify the specific pages, sections, and data claimed to be confidential, (ii) state the statutory basis for the exception, and (iii) mark those portions conspicuously. Blanket or wholesale designations — including marking an entire Proposal confidential — will be disregarded. Pricing and other information required to be disclosed by law will not be withheld. If the City receives a request for information a Proposer has marked confidential, the City will notify the Proposer under Section 552.305 of the Texas Government Code, and the Proposer is solely responsible for timely submitting its written arguments to the Office of the Attorney General. The City will not advocate on a Proposer’s behalf and cannot agree to withhold information the Attorney General orders released. This is a statement of general policy only, and in no event shall the City be liable for disclosure of such information by the City in response to a request, regardless of the City’s failure to take any such reasonable steps, even if the City is negligent in failing to do so.

c. Notification of Errors or Omissions: Proposers shall promptly notify the City of any omissions, ambiguity, inconsistency, or error that they may discover upon examination of this RFP. The City shall not be responsible or liable for any errors and/or misrepresentation that result from the solicitations which are inadvertently incomplete, ambiguous, inconsistent, or obviously erroneous.

d. Performance Bond A Performance Bond is required for this contract. The Performance Bond shall be in a penal sum equal to one hundred percent (100%) of the estimated annual Contract amount for the tier or tiers awarded, and shall be maintained in effect, and renewed or replaced, for each year of the Contract term including any extension. Because this Contract is for services and is not a public work contract under Chapter 2253 of the Texas Government Code, this bond is a contractual requirement of the City. Unless otherwise approved in writing by the City, the surety company underwriting the bond shall be authorized to transact surety business in the State of Texas and shall be listed on the most current U.S. Department of the Treasury Circular 570 in an underwriting limitation at least equal to the penal sum of the bond. The cost of the premium for the performance bond shall be included in the Contractor’s proposal price as listed. The Performance Bond must be delivered within ten (10) business days after the City issues a notice of intent to award and before any work commences.

e. Anti-Boycotting Provisions. Vendor acknowledges this Agreement may be terminated and payment withheld if this certification is inaccurate.

a. To the extent Chapter 2271 of the Texas Government Code applies — that is, if Vendor is a company with at least ten (10) full-time employees and the Contract has a value of at least $100,000 to be paid wholly or partly from public funds — Vendor verifies that it does not boycott Israel and will not boycott Israel during the term of the Contract. Vendor acknowledges this Agreement may be terminated and payment withheld if this certification is inaccurate.

b. To the extent Chapter 2276 of the Texas Government Code (enacted as S.B. 13, 87th Legislature, and since recodified) applies — that is, if Vendor is a company with at least ten

(10) full-time employees and the Contract has a value of at least $100,000 to be paid wholly or partly from public funds — Vendor verifies that it does not boycott energy companies, as that term is defined in Section 809.001 of the Texas Government Code, and will not boycott energy companies during the term of the Contract. Vendor acknowledges this Agreement may be terminated and payment withheld if this certification is inaccurate.

c. To the extent Chapter 2274 of the Texas Government Code (enacted as S.B. 19, 87th Legislature) applies — that is, if Vendor is a company with at least ten (10) full-time employees and the Contract has a value of at least $100,000 to be paid wholly or partly from public funds — Vendor verifies that it does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association and will not discriminate against a firearm entity or firearm trade association during the term of the Contract. Vendor acknowledges this Agreement may be terminated and payment withheld if this certification is inaccurate.

d. Pursuant to Subchapter F, Chapter 2252 of the Texas Government Code, the City may not award this Contract to a company identified on a list prepared and maintained by the Texas Comptroller of companies that do business with Iran or Sudan or that are known to have contracts with, or provide supplies or services to, a foreign terrorist organization. Vendor certifies that it is not on any such list. The City will verify each Proposer against the Comptroller’s lists before award.

e. Chapters 2271, 2274, and 2276 of the Texas Government Code do not apply to a sole proprietorship, to a company with fewer than ten (10) full-time employees, or to a contract valued at less than $100,000. A Proposer to which a chapter does not apply is not disqualified and should so state.

5. RFP Withdrawals and/or Amendments

a. RFP Withdrawal: The City reserves the right to withdraw this RFP for any reason.

b. RFP Amendments: The City reserves the right to amend any aspect of this RFP by formal written addendum prior to the Proposal submittal deadline and will endeavor to notify all potential Proposers that have registered with the City, but failure to notify shall impose no obligation or liability on the City.

4. Proposal Submittal Requirements

a. Submittal Packet – Required Content: All proposals must be submitted electronically. The

Proposer must visit https://burlesontx.bonfirehub.com/login and register. Once registered for this complimentary service, the Proposer may submit proposal documents electronically by selecting the appropriate proposal identification.

b. Submittal Deadline: It is the Proposer’s responsibility to have the Proposal Documents correctly electronically submitted by the submittal deadline. No extensions will be granted, and no late submissions will be accepted.

c. Proposals Received Late: Proposers are encouraged to submit their proposals as soon as possible. The time and date of receipt as recorded within the Euna e-bidding platform shall be the official time of receipt. The City is not responsible for late submission regardless of the reason. Late Proposals will not be considered under any circumstances.

d. Alterations or Withdrawals of Proposal Document: Any submitted Proposal may be withdrawn or a revised proposal substituted prior to the submittal deadline. Proposal documents cannot be altered, amended, or withdrawn by the Proposer after the submittal deadline, unless such alteration, amendment or withdrawal notice is approved in writing by the Purchasing Manager. This paragraph does not limit the City’s right to seek clarifications, conduct discussions, or request revised or best and final offers under Section 252.042(b) of the Texas Local Government Code.

e. Proposal Validity Period: Each Proposal remains firm, valid, and irrevocable for one hundred twenty (120) days after the submittal deadline, and for any longer period to which the Proposer agrees in writing. This period accounts for the interval between the submittal deadline and the anticipated City Council award date.

f. Restrictions on Communications: From the issue date of this RFP until the City Council acts on a recommendation of award, Proposers and persons acting on their behalf shall not communicate about this procurement with any City official, City Council member, evaluation committee member, or City employee other than the Purchasing Manager. Communications required by this RFP, the pre-proposal conference, and the written question process are excepted. A violation of this paragraph may, at the City’s discretion, result in rejection of the Proposal.

g. Cost of Proposal Preparation: All costs of preparing and submitting a Proposal, attending the pre-proposal conference, participating in interviews or negotiations, and providing additional information are the sole responsibility of the Proposer. The City is not liable for any such cost.

h. Protest Procedure: A Proposer that wishes to protest any aspect of this solicitation or the recommended award shall file a written protest with the Purchasing Manager. A protest of the solicitation terms, specifications, or evaluation criteria must be filed no later than the deadline for questions. A protest of a recommended award must be filed no later than five (5) business days after the City posts or issues notice of the recommended award. The protest must state the protester’s name and contact information, identify the solicitation, state the specific grounds and the relief requested, and attach supporting documentation. The Purchasing

Manager will issue a written determination, which may be appealed in writing to the City Manager within five (5) business days. The City Manager’s determination is final. Filing a protest does not stay the procurement unless the City Manager so directs in writing.

5. Proposal Evaluation and Contract Award

a. Proposal Evaluation and Contract Award Process:

b. The City will evaluate all proposals to determine which proposers are reasonably qualified for the award of the contract, applying the anticipated evaluation factors and the emphasis placed on each factor as identified in the Scope of Services. As part of the evaluation process, the City may develop a shortlist of the most qualified proposers and conduct interviews or request additional information to further assess their capabilities. Any costs associated with the interview process shall be the sole responsibility of the Proposer. As authorized by Section 252.042(b) of the Texas Local Government Code, the City may conduct discussions with, and accept revised proposals from, Proposers determined to be reasonably qualified for award.

Proposers will be treated fairly and equally with respect to any opportunity for discussion and revision of proposals, and the City may request best and final offers. The contents of a Proposal will not be disclosed to competing Proposers during the evaluation and negotiation process. The City will award to the responsible Proposer whose Proposal offers the best value to the City, applying the criteria and relative weights stated in this RFP and the factors permitted by Section 252.043 of the Texas Local Government Code. The final determination of best value will be made in the best interest of the City. The City is not obligated to award to the lowest-priced Proposal.

6. Evaluation Criteria

A full description of each criterion is included in Appendix B.

Relative Importance of Evaluation Factors. As required by Section 252.042(a) of the Texas Local Government Code, the relative importance of price and the other evaluation factors is as stated in the table below. Proposed Pricing is weighted at twenty (20) of the one hundred (100) base points.

Scoring of Price. Price will be scored objectively using the following formula, applied to the total evaluated price for each tier proposed: Points Awarded = 20 × (Lowest Total Evaluated Price Among Responsive Proposals ÷ Proposer’s Total Evaluated Price). Total evaluated price includes all bid lines and the proposed annual escalation percentages applied over the maximum potential Contract term.

7. Interview Points. Interviews are conducted at the City’s discretion. If the City elects to conduct interviews, every shortlisted Proposer will be given the same opportunity and will be scored on the same basis, and the maximum total score available will be one hundred fifteen (115) points. If the City elects not to conduct interviews, award will be based on the one-hundred-point (100) scale, and no Proposer will be advantaged or disadvantaged by the City’s decision.

Emphasis Criteria

30 Demonstrated Experience and Qualifications Proposer’s experience, reputation, and ability to provide all required services per the specifications.

25 Proposed Operational Plan Proposer’s demonstrated understanding of scope of work, proposed schedule, and plan for implementation

25 Availability of Qualified Staff and Equipment Staff licenses, ability to perform work timely, and adequate equipment and necessary trailers

20 Proposed Pricing Proposer’s overall pricing to provide services

100 Total Points

15 Possible Interview (additional points; maximum total 115)

a. Contract Award

An award of a contract to provide the services specified herein will be made using the competitive sealed proposal procedure authorized by Sections 252.021(d), 252.042, and

252.043 of the Texas Local Government Code, and in accordance with Section 74 of the City Charter and the City’s purchasing policy. Award is not final and no contract exists until the City Council approves the award and the City Manager or authorized designee executes the Contract. The City’s Standard Terms & Conditions have been provided with this RFP. The Proposer must submit any objections or requested exceptions to the City’s Standard Service Agreement (Appendix C) with its Proposal, identified clause by clause with proposed alternative language. Exceptions not raised with the Proposal are waived, and a Proposer that takes no exception is deemed to accept Appendix C as written. The City is not obligated to accept any exception, and material exceptions may render a Proposal non-responsive. A fully executed contract shall be comprised of the following documents:

i. City of Burleson Service Agreement

ii. This Request for Proposal, including all attachments

iii. The successful Proposer’s submitted proposal, including any best and final offer

iv. Performance Bond

v. Any addenda issued to this Request for Proposals

b. Order of Precedence. In the event of a conflict among the Contract documents, the order of precedence shall be: (i) the executed City of Burleson Service Agreement, including its exhibits;

(ii) addenda, in reverse chronological order; (iii) this Request for Proposals, including Appendices A and B; and (iv) the successful Proposer’s Proposal. Nothing in a Proposal amends the Contract unless expressly incorporated by the executed Service Agreement.

c. Completeness: If the Proposal is incomplete or otherwise fails to conform to the requirements of the RFP, the City alone will determine whether the variance is so significant as to render the Proposal non-responsive, or whether the variance may be cured by the Proposer or waived by the City, such that the Proposal may be considered for award.

d. Ambiguity: Any ambiguity in the Proposal as a result of omission, error, lack of clarity or non-compliance by the Proposer with specifications, instructions and all conditions shall be construed in the favor of the City. In the event of a conflict between these standard RFP requirements and details provided in Appendix A – Scope of Services or Appendix B – Proposal, the Appendices shall prevail.

e. Additional Information: The City may request any other information necessary to determine Proposer’s ability to meet the minimum standards required by this RFP.

f. Partial Contract Award: The City reserves the right to award one contract for some or all the requirements proposed or award multiple contracts for various portions of the requirements to different Proposers based on the unit prices proposed in response to this request, or to reject any and all Proposals and re-solicit for Proposals, as deemed to be in the best interest of the City.

g. Cooperative Governmental Purchasing Notice: Other governmental entities maintaining interlocal cooperation agreements with the City under Chapter 791 of the Texas Government Code may desire, but are not obligated, to purchase goods and services defined in this RFP from the successful Proposer. Participation by another entity requires the successful Proposer’s written consent, and the successful Proposer’s election not to participate will not be considered in the evaluation of its Proposal. All purchases by governmental entities, other than the City, will be billed directly to and paid by that governmental entity. The City will not be responsible for another governmental entity’s debts. Each governmental entity will place their own orders with the successful Proposer and be responsible for ensuring full compliance with the RFP specifications. Prior to other governmental entities placing orders, the City will notify the successful Proposer of their intent.

h. Billing for Services; Payment: The Contractor shall invoice the City monthly in arrears for services actually performed and accepted during the preceding month. Each invoice shall be itemized by service tier, property, and bid line, shall reference the Contract or purchase order number, and shall be submitted electronically to accountspayable@burlesontx.com. Payment terms are governed by Chapter 2251 of the Texas Government Code (the Texas Prompt Payment Act). A payment by the City is overdue on the thirty-first (31st) day after the later of the date the City receives the goods or services, the date performance is completed, or the date the City receives a proper invoice. An overdue payment accrues interest at the rate specified in Section 2251.025. If the City disputes all or part of an invoice, the City will notify the Contractor in writing of the disputed amount not later than the twenty-first (21st) day after the date the City receives the invoice, together with a detailed statement of the amount disputed, and may withhold not more than one hundred ten percent (110%) of the disputed amount pending resolution, as permitted by Section 2251.042. Undisputed amounts will be paid when due. The City is exempt from state sales tax and federal excise tax, and no such tax shall appear on any invoice.

i. Terminate for Cause: The occurrence of any one or more of the following events will justify termination of the contract by the City of Burleson for cause:

1. The successful Proposer fails to perform in accordance with the provisions of these specifications; or

2. The successful Proposer violates any of the provisions of these specifications; or

3. The successful Proposer disregards laws or regulations of any public body having jurisdiction; or

4. The successful Proposer transfers, assigns, or conveys any or all of its obligations or duties under the contract to other party(ies) without written consent of the City.

5. If one or more of the events identified in subparagraphs 1 through 4 of this Section occur, the City will give the successful Proposer written notice describing the default. Except for a default that by its nature cannot be cured, or a repeated default of the same nature that has already been the subject of a written notice within the preceding twelve (12) months, the successful Proposer shall have ten

(10) days after receipt of the notice to cure the default to the City’s reasonable satisfaction. If the default is not timely cured, or if the default is not subject to cure, the City may terminate the contract by giving seven (7) days’ written notice. In such case, the successful Proposer shall only be entitled to receive payment for goods and services provided before the effective date of termination. The successful Proposer shall not receive any payment on account of loss of anticipated profits or revenue or other economic loss resulting from such termination.

6. When the contract has been terminated by the City, such termination shall not affect any rights or remedies of the City then exist or which may thereafter accrue.

j. Terminate for Convenience: City may elect to terminate the agreement, in whole or in part, at any time and for any reason or no reason by giving the Contractor thirty (30) days’ written notice. Upon such termination the Contractor shall be entitled to payment for services satisfactorily performed and accepted through the effective date of termination, and shall not be entitled to anticipated profit, unabsorbed overhead, or other economic loss resulting from the termination.

k. Non-Appropriation of Funds: All obligations of the City under the Contract are subject to and contingent upon the appropriation of sufficient funds by the City Council for each fiscal year of the Contract term. The Contract does not create a debt of the City within the meaning of Article XI, Section 5 of the Texas Constitution. If funds are not appropriated for any fiscal year, the City may terminate the Contract effective the last day of the fiscal year for which funds were appropriated, without penalty, liability, or termination charge, upon written notice to the Contractor. The City will give the Contractor as much advance notice as reasonably practicable.

l. Insurance: Before the Contract is executed and before commencing any work, and continuously throughout the Contract term including any extension, the Contractor shall maintain at its own expense, with insurers rated A- VII or better by A.M. Best and authorized to do business in Texas: (i) Commercial General Liability, including products and completed operations, contractual liability, and personal and advertising injury, at not less than $1,000,000 per occurrence and $2,000,000 general aggregate; (ii) Commercial Automobile Liability covering owned, hired, and non-owned vehicles at not less than $1,000,000 combined single limit; (iii) Workers’ Compensation at Texas statutory limits with Employer’s Liability of not less than $1,000,000 each accident, each employee, and policy limit; and (iv) Umbrella or Excess Liability of not less than $1,000,000. The City, its officers, officials, employees, and volunteers shall be named as additional insureds on the general liability, automobile liability, and umbrella policies; those policies shall be primary and non-contributory with respect to any insurance or self-insurance maintained by the City; and the Contractor and its insurers shall waive all rights of subrogation against the City on all policies, including workers’ compensation. The Contractor shall provide certificates of insurance and required endorsements before execution and shall give the City thirty (30) days’ written notice of cancellation, non-renewal, or material reduction (ten

(10) days for non-payment of premium). Any deductible or self-insured retention is the Contractor’s sole responsibility. Coverage limits are minimums and do not limit the Contractor’s liability or its indemnity obligations. Subcontractors shall carry the same coverages or be covered under the Contractor’s policies.

m. Independent Contractor: The Contractor is an independent contractor and not an agent, servant, employee, partner, or joint venturer of the City. The Contractor has the sole right to control and direct the means, manner, and method of performing the services, and is solely responsible for its personnel, including their hiring, supervision, discipline, wages, benefits, and all payroll and employment taxes. Nothing in the Contract creates any employment relationship between the City and the Contractor’s personnel or any third-party beneficiary rights.

n. Assignment and Subcontracting: The Contractor shall not assign, transfer, or convey the Contract or any right or obligation under it, and shall not subcontract any portion of the work, without the prior written consent of the City. Consent to a subcontract does not relieve the Contractor of responsibility for the subcontractor’s acts, omissions, or compliance with the Contract. The Contractor shall provide the identity, scope, and insurance evidence for each proposed subcontractor before that subcontractor begins work.

o. Compliance with Laws; Licensing; Immigration: The Contractor shall comply with all applicable federal, state, and local laws, ordinances, rules, and regulations, including the City Code of Ordinances, and shall obtain and maintain at its expense all licenses, permits, and certifications required to perform the services, including any pesticide applicator licensing required by the Texas Department of Agriculture. The Contractor is solely responsible for verifying the employment eligibility of its personnel under federal law.

p. Work in Public Rights-of-Way; Traffic Control and Safety: Where services are performed within a street right-of-way, median, or other area exposed to vehicular traffic, the Contractor shall provide, install, and maintain temporary traffic control conforming to the Texas Manual on Uniform Traffic Control Devices, shall submit a traffic control plan for the City’s review before beginning such work, and shall equip personnel with high-visibility apparel meeting the applicable ANSI/ISEA standard. The Contractor shall use debris shields or other means to prevent discharge of clippings and thrown objects toward travel lanes, sidewalks, trails, pedestrians, and vehicles, and shall comply with all applicable OSHA requirements.

q. Background Checks: Because services are performed at parks and other public facilities where children and members of the public are present, the Contractor shall, at its expense, conduct a criminal history background check on each employee and subcontractor employee assigned to perform work under the Contract before that person begins work, and shall not assign any person whose background check discloses a conviction or deferred adjudication that would present an unreasonable risk to public safety. The Contractor shall certify compliance upon request. Contractor personnel shall be identifiable by uniform or badge and shall operate clearly marked vehicles.

r. Right to Audit and Records Retention: The Contractor shall maintain complete records relating to the services, invoices, and payments under the Contract, and shall retain them for four (4) years after final payment or final resolution of any dispute, whichever is later.

Upon reasonable notice, the City or its designee may examine, audit, and copy those records during normal business hours.

s. Public Information Act — Contracting Information: The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the contractor agrees that the contract can be terminated if the contractor knowingly or intentionally fails to comply with a requirement of that subchapter. If Subchapter J applies, the Contractor shall preserve contracting information related to the Contract as provided by the City’s records retention schedule, shall promptly provide such information to the City on request, and shall, on completion of the Contract, either provide the information to the City at no cost or preserve it as required by the retention schedule.

t. Governing Law and Venue: The Contract is governed by the laws of the State of Texas without regard to conflict-of-laws principles. Venue for any action arising out of or relating to the Contract lies exclusively in a court of competent jurisdiction in Johnson County, Texas.

u. Immunity Preserved: Nothing in this RFP or the resulting Contract waives, or is intended to waive, any immunity, defense, or limitation available to the City except to the limited extent provided by Subchapter I, Chapter 271 of the Texas Local Government Code.

Damages recoverable against the City are limited to those permitted by Section 271.153, and the City is not liable for consequential, exemplary, or special damages, lost profits, or unabsorbed home office overhead.

v. Dispute Resolution: Before filing suit, the parties shall attempt in good faith to resolve any dispute through a meeting of authorized representatives within thirty (30) days after written notice of the dispute. The Contractor shall continue performance during any dispute unless the City directs otherwise in writing. This paragraph does not extend any statutory notice or limitations period.

w. Force Majeure: Neither party is liable for a delay or failure of performance caused by an event beyond its reasonable control and without its fault, including severe weather, flood, fire, epidemic, or governmental order. The affected party shall give prompt written notice and shall resume performance as soon as practicable. Weather-related delays are managed under the scheduling provisions of Appendix A. Force majeure does not excuse payment obligations or extend the Contract term.

x. Survival: The provisions concerning indemnity, insurance, records retention and audit, public information, warranty of work performed, and any other provision that by its nature should survive, survive expiration or termination of the Contract.

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Appendix A – Scope of Services

1. Purpose and General Requirements

The City of Burleson (City) is seeking a qualified contractor to provide comprehensive landscape maintenance services for designated City landscape beds, downtown areas, Old Town, Mayor Vera Calvin Plaza, medians, and other landscaped properties identified in the Property Listing and Contractor Bid Map incorporated into this solicitation.

Services shall be performed according to the service tiers identified in the included Property Listing and Service Area Map. Offerors may submit pricing for one tier or for all tiers. Each property will be listed as a separate bid line within its applicable tier.

The City will establish required service frequencies. The Contractor shall submit a monthly service schedule for review and approval by the Deputy Director of Parks or designee (City Representative).

2. Service Tiers

a. Tier 1 - Premier and High-Traffic Landscape Areas

Tier 1 includes designated premier and ultra-high-traffic landscape areas, including downtown, Old Town, Mayor Vera Calvin Plaza, and other high-visibility locations identified in the Property Listing and Contractor Bid Map.

Tier 1 services include:

• Weekly site inspections and written reports identifying completed services, incomplete or deficient items, and observed maintenance concerns.

• Weekly irrigation inspections and written reports.

• Approximately 52 cycles annually for hand-weeding, removal of tree suckers, and litter removal within landscaped areas.

• Approximately 52 cycles annually for maintaining mulch and soil within designated bedding areas.

• Six nutsedge treatments annually.

• Four pre-emergent applications annually.

• Six post-emergent applications annually.

• Four fertilizer applications annually.

• Four insecticide applications annually.

• Six leaf-removal services annually.

• Three perennial plant and ornamental grass trimming cycles annually.

• Six shrub-trimming cycles annually.

• Four groundcover-pruning cycles annually.

• Two tree-root fertilization applications annually.

• Ten post-emergent applications annually in paved areas, including expansion joints in medians.

• Maintenance of granite and gravel hardscape areas.

• Plant replacement when authorized by the City, billed at the contracted hourly labor rate plus City-approved material costs.

3. 2.2 Tier 2 - High-Traffic Landscape Areas

• Tier 2 includes high-traffic landscape areas identified in the Property Listing and Contractor Bid Map.

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• Tier 2 services include:

• Site inspections once every two weeks (approximately 26 annually) and written reports identifying completed services, incomplete or deficient items, and observed maintenance concerns.

• Approximately 26 cycles annually for hand-weeding, removal of tree suckers, and litter removal within landscaped areas.

• Approximately 26 cycles annually for maintaining mulch and soil within designated bedding areas.

• Four nutsedge treatments annually.

• Four pre-emergent applications annually.

• Six post-emergent applications annually.

• Four fertilizer applications annually.

• Four insecticide applications annually.

• Four leaf-removal services annually.

• Two perennial plant and ornamental grass trimming cycles annually.

• Up to four shrub-trimming cycles annually.

• Plant replacement when authorized by the City, billed at the contracted hourly labor rate plus City-approved material costs.

4. Additional Landscape Services and Unit Pricing

• The Contractor shall provide unit pricing for the following additional services:

• Tier 1 landscape additions - cost per square foot.

• Tier 2 landscape additions - cost per square foot.

• Irrigation maintenance - hourly labor rate plus City-approved parts.

• The City may use these unit prices for new or modified City landscape areas that are not identified in the original Property Listing.

5. Landscape Maintenance Standards Landscape beds, mulch areas, decomposed granite, hardscapes, curbs, expansion joints, and gutters within each designated service area shall be maintained in a clean, orderly, and professional condition.

At the completion of each service cycle, the serviced area shall be weed-free and professionally maintained in accordance with the applicable tier. A service cycle will be considered incomplete when visible deficiencies remain that reasonably should have been addressed during the scheduled visit.

• Mulch: Maintain a smooth, even surface and redistribute existing mulch as necessary to preserve an intended depth of three inches. Report areas requiring supplemental mulch to the City. Install supplemental mulch only when authorized. Volcano mulching is prohibited.

Keep mulch level and pulled away from tree and shrub bases so root flares remain exposed.

• Crushed granite and gravel: Maintain a smooth, consistent, and compacted surface.

Redistribute existing material as necessary to preserve an intended depth of six inches.

Report areas requiring supplemental material to the City and install additional material only when authorized.

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• Shrubs and plant material: Prune as necessary to maintain natural form, remain within space limitations, preserve appropriate visibility and clearance, and remove damaged or diseased material. Do not excessively shear or unnecessarily alter natural growth habits unless specifically authorized by the City.

• Waste and debris: Remove and properly dispose of all weeds, leaves, trimmings, litter, pruning debris, and other waste generated by the work unless the City directs otherwise.

• Adjacent hard surfaces: After service, leave sidewalks, curbs, streets, trails, plazas, and other adjacent hard surfaces free of soil, mulch, leaves, grass, pruning debris, and other materials generated by the Contractor.

• Protection of City property: Protect existing trees, plant material, irrigation components, hardscape, signs, and other City property. Do not damage tree trunks, exposed roots, shrubs, or desirable vegetation with string trimmers, mowers, chemicals, or other equipment. Immediately report Contractor-caused damage and correct or replace damaged property at the Contractor's expense as directed by the City.

6. Reporting Observed Conditions The Contractor shall promptly report irrigation leaks; damaged or declining plant material; damaged trees, signs, or hardscape; vandalism; unsafe conditions; and other maintenance concerns observed while performing services, including conditions outside the Contractor's scope. Each report shall identify the property or location, describe the observed condition, and include photographs sufficient to support City documentation and follow-up.

7. Weed and Chemical Management

• The City prefers manual weed removal whenever practical and feasible. Chemical applications, including herbicides and pesticides, may be performed only with prior approval and at the direction of the City Representative.

• The Contractor shall:

• Submit a proposed chemical-application schedule in advance for City review.

• Notify the City promptly after each chemical application.

• Identify the property treated, application date, and product used.

• Provide a plan of action stating the anticipated period between chemical treatment and physical removal of treated weeds.

• Remove dead or treated vegetation promptly.

• Maintain all required pesticide application records and licenses.

• All chemical applications shall comply with product-label requirements, Texas Department of Agriculture requirements, and all other applicable laws and regulations. Applications shall not be made under weather or site conditions that conflict with product labeling or may reasonably cause drift, runoff, or damage to desirable vegetation or adjacent property.

• Chemical treatment does not replace the Contractor's obligation to maintain the required finished appearance of landscape beds.

8. Irrigation Monitoring

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• Where irrigation monitoring is required, the Contractor shall inspect irrigation operation and soil-moisture conditions and report:

• Signs of drought stress.

• Overwatering.

• Broken or malfunctioning irrigation components.

• Excessive runoff.

• Other conditions affecting plant health or landscape appearance.

• Irrigation inspection and reporting do not authorize the Contractor to make repairs. Repairs may be performed only when authorized by the City and shall be billed at the contracted irrigation-maintenance labor rate plus City-approved parts.

9. Plant Replacement Plant replacement may be performed only with prior City authorization and shall be billed at the contracted hourly labor rate plus City-approved material costs. Before installation, the Contractor shall submit the proposed plant material and material pricing for City approval.

1. Scheduling and Reporting:

The Contractor shall:

• Submit routine monthly service schedules at least one week prior to the beginning of the service month.

• Communicate weather-related or other requested schedule deviations at the beginning of the scheduled workday.

• Provide a proposed rescheduled service date for City approval when service is delayed.

• Provide weekly service reports documenting completed work, schedule status, and issues encountered.

The City may require additional photographs, daily reporting, or other documentation based on operational needs or contract performance.

2. Inspection and Corrective Action:

The City will inspect or re-inspect work to verify compliance with the contract specifications and approved maintenance schedule.

Identified deficiencies shall be corrected within forty-eight (48) hours of notification unless otherwise directed by the City.

If completed areas do not meet contractual specifications:

• The Parks Superintendent will contact the contractor to rework areas.

• The Park Superintendent will re-inspect areas within 24 hours of notification of completion.

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• Areas requiring re-inspection will not be approved for payment for that billing cycle until the deficiency has been corrected and accepted by the City. Once corrected and accepted, the area will be paid in the next billing cycle.

3. Failure to Correct Deficiencies:

Failure to correct identified deficiencies within the required timeframe will result in an assessment of One Hundred Dollars ($100.00) per property per required re-inspection, and may result in reassignment of the work to another contractor or to City forces at the Contractor’s expense. The parties acknowledge that the City’s actual damages from deficient or delayed maintenance — including diminished appearance of public property, staff time for re-inspection, and citizen complaints — are difficult or impossible to estimate accurately as of the date of the Contract and agree that this amount is a reasonable forecast of just compensation for the harm caused and is intended as liquidated damages and not as a penalty. The City may deduct assessed amounts from sums otherwise due. For any given property and service cycle, the City may recover either liquidated damages under this Section or withhold payment for that property and cycle, but not both for the same failure.

The Contractor shall correct any deficiencies in work within forty-eight (48) hours of written notification. Verbal notification is effective when confirmed in writing (including by e-mail) within one (1) business day.