REQUEST FOR PROPOSALS

Proposal Reference Number: RFP 2026-029

Project Title: Holiday Lighting

ANTICIPATED SCHEDULE

RFP Issue Date August 15, 2026

RFP Publication Dates August 15, 2026 and August 22, 2026

In-Person Site Visit August 25, 2026 at 9:00AM

Deadline for Questions August 28, 2026 at 10:00AM

Proposals Due September 3, 2026 at 2:00PM

Recommendation to City Council October 5, 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, Euna, at https://burlesontx.bonfirehub.com (registration required). 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 questions deadline above.

Any interpretations, corrections, clarifications, or changes to this Request for Proposals or specifications will be issued via addendum. Addenda will be posted on the Euna e-procurement platform. It is the responsibility of the respondent to monitor the Euna website for addenda. Proposers shall acknowledge receipt of each addendum by submitting a signed copy with their proposal. Oral explanations will not be binding.

The City of Burleson reserves the right to reject any proposal and to waive defects in proposals. No officer or employee of the City of Burleson shall have financial interest, direct or indirect, in this or any contract with the City of Burleson. Minority and small business vendors are encouraged to submit bids/proposals on applicable City solicitations.

https://burlesontx.bonfirehub.com/

City of Burleson RFP 2026-029 Holiday Lighting

Pre-Proposal Site Visit

• A non-mandatory pre-proposal site visit will be hosted in person on Tuesday, August 25, 2026, at

9:00AM CST in the Mayor Vera Calvin Plaza located at 141 W Renfro St. Burleson, TX 76028.

Euna Submission

• We are requesting Proposers submit via Euna. 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 Euna, you may use your existing name and password to register with the City of Burleson.

Proposal Opening

• The proposal opening will be virtual through Microsoft Teams on Thursday, September 3, 2026, at

3:00PM CST. The bid opening link is included below and posted to public files in Euna.

• Microsoft Teams meeting Join: https://teams.microsoft.com/meet/217053767603938?p=IS1tLCYdKGUjnx5jai Meeting ID: 217 053 767 603 938 Passcode: Q9RC6W8b mailto:Support.bonfire@EunaSolutions.com https://teams.microsoft.com/meet/217053767603938?p=IS1tLCYdKGUjnx5jai

TABLE OF CONTENTS

Request for Proposals Introduction ……………………………........................…………………….1-8 Definitions General Information RFP Withdrawals and/or Amendments Proposal Submittal Requirements Proposal Evaluation and Contract Award

Appendix A – Scope of Services……………………………………………. A1 Scope of Services Descriptions Cleaning Service Levels

Appendix B – Proposal Requirements…………………………………. B2-6 Proposal Cover Page Submittal Checklist Evaluation Criteria

Appendix C –Standard Service Agreement……………………………………………………….C1-9

1. Introduction

A. Project Overview: The City of Burleson (“City) is requesting Proposals with the intent of awarding a contract for the lease, installation, and removal of holiday lighting and pre-lit wreaths in the Mayor Vera Calvin Plaza and surrounding areas.

i. Project Funding

The City is anticipating a budget not to exceed $30,000 per year for this project.

ii. Project Schedule This project is for 2026-2028 holiday seasons.

2. Definitions

Proposal: The signed and executed submittal of the entirety of Appendix B establishing the Proposer’s experience and qualifications to provide the indicated services.

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.

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. If the Proposer has notified the City, in writing, that the Proposal contains trade secrets or confidential information, the City will generally take reasonable steps to prevent disclosure of such information, in accordance with the Public Information Act. 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. Anti-Boycotting Provisions. Vendor acknowledges this Agreement may be terminated and payment withheld if this certification is inaccurate.

E. Pursuant to Section 2271.002 of the Texas Government Code, Vendor certifies that either (i) it meets an exemption criterion under Section 2271.002; or (ii) it does not boycott Israel and will not boycott Israel during the term of the Agreement. Vendor acknowledges this Agreement may be terminated and payment withheld if this certification is inaccurate.

F. Pursuant to SB 13, 87th Texas Legislature, Vendor certifies that either (i) it meets an exemption criterion under SB 13, 87th Texas Legislature; or (ii) it does not boycott energy companies, as defined in Section 1 of SB 13, 87th Texas Legislature, and will not boycott energy companies during the term of the Agreement. Vendor acknowledges this Agreement may be terminated and payment withheld if this certification is inaccurate.

G. Pursuant to SB 19, 87th Texas Legislature, Vendor certifies that either (i) it meets an exemption criterion under SB 19, 87th Texas Legislature; or (ii) it does not discriminate against a firearm entity or firearm trade association, as defined in Section 1 of SB 19, 87th Texas Legislature, and will not discriminate against a firearm entity or firearm trade association during the term of the Agreement. Vendor acknowledges this Agreement may be terminated and payment withheld if this certification is inaccurate.

4. 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.

5. Proposal Submittal Requirements

A. Submittal Packet – Required Content: All proposals must be submitted electronically. The Proposer must visit https://burlesontx.bonfirehub.com/portal/?tab=openOpportunities to 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 electronic system 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.

https://burlesontx.bonfirehub.com/portal/?tab=openOpportunities

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 Agent.

6. Proposal Evaluation and Contract Award

A. Proposal Evaluation and Contract Award Process:

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. The City may also, at its option, engage in discussions with or accept proposal revisions from any proposer deemed responsible, including those shortlisted for interviews. The final determination of the most advantageous proposal will be made in the best interest of the City.

B. Evaluation Criteria

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

Emphasis Criteria 35 Qualifications/ Relative Experience

30 Response Time

25 Rates and Expenses

10 References

100 Total

C. Contract Award

An award of a contract to provide the goods or services specified herein will be made using competitive sealed proposals, in accordance with Chapter 252 of the Texas Local Government Code and with the City’s purchasing policy. The City’s Standard Terms & Conditions have been provided with this RFP. The Proposer must submit and objections to the terms along with responses. Any contract resulting from this RFP shall be effective for one (1) year from the date of execution with the option to renew for two (2) additional one (1) year terms. 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

D. 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.

E. 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.

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

G. 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.

H. Cooperative Governmental Purchasing Notice: Other governmental entities maintaining interlocal agreements with the City, may desire, but are not obligated, to purchase goods and services defined in this RFP from the successful Proposer. 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.

I. Billing for Services; Payment: Successful Proposers are encouraged to submit invoices to finance@burlesontx.com.

J. 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 J.1 through J.4 occur, the City may terminate the contract by giving the successful Proposer 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.

mailto:accountspayable@burlesontx.com

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.

K. Terminate for Convenience: This contract may be cancelled or terminated at any time by giving vendor thirty (30) days’ written notice. Proposer may be entitled to payment for services performed; to the extent said services are satisfactory.

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Appendix A – Scope of Services

1. PROJECT OVERVIEW

The project includes the lease of lighting to be installed on the following:

• 19 trees located along the Mayor Vera Calvin Plaza promenade (formerly Ellison Street) and;

• 6 trees located in and around the Plaza.

• Roof lighting on: Plaza Stage, restroom, pavilion/shade structure, miniature water tower, Heritage Museum, City Hall, and the recently constructed Ellison Street Building adjacent to the Plaza.

The project also includes the lease and installation of 4 pre-lit wreaths in the following locations:

• One (1) 72” pre lit wreath to be installed around Burleson emblem on Plaza stage

• One (1) 72” pre lit wreath to be installed on entrance peak of City Hall building

• One (1) 48” pre lit wreath to be installed on restroom building facing trolley cars

• One (1) 48” pre lit wreath to be installed on front elevation of Heritage Museum building

The leasing of “lighting” shall include light strands and all necessary equipment for the proper installation and operating functions of lighting including but not limited to extension cords, timers, bracket devices, etc. Warm white LED C9 lights are preferred.

Electrical receptacles are located throughout the Plaza within landscaping beds, along building perimeters and outside walls. Location of outlets may be inspected and notated by bidders during the scheduled on-site visit.

Lighting must be installed and ready for display no later than the week prior to Thanksgiving annually and removed between January 1st – 15th following the holiday season annually.

To view video footage of the Mayor Vera Calvin Plaza’s seasonal display, please use the following link:

Holiday Lighting Display (video)

Photo examples of past years display can be viewed by clicking here.

https://www.dropbox.com/scl/fi/3teoqk2z1flws8nyxirmf/The-Plaza-Christmas-Promo.mp4?rlkey=1c4pbf7hpnoqw2thrzi70vw2j&st=4jr1gd63&dl=0 https://www.facebook.com/exploreburleson/posts/pfbid0fLoVoDes8Mkn41jRz3Xgj8342n9gTDaCPwqGrmZqvhKyNEGokM13Lb9eYCo2HmH6l

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Appendix B – Proposal

All proposals submitted to the City of Burleson shall include this page with the submitted Proposal.

RFCSP Number: RFP 2026-029

Project Title: Holiday Lighting

Submittal Deadline: September 3, 2026, at 2:00PM CST

Submit Electronically* to: https://burlesontx.bonfirehub.com/login

* Requires email account login and password.

Proposer Information:

Proposer’s Legal Name:

Address:

City, State & Zip

Federal Employers Identification Number #

Phone Number:

Fax Number:

E-Mail Address:

Federal, State and/or Local Identification Information

Centralized Master Bidders List registration number: .

Prime contractor HUB / MWBE registration number: .

An individual Proposer acting as a sole proprietor must also enter the Proposer’s Social Security Number Please indicate below if you will permit other governmental entities to purchase from your agreement with the City [ ] Yes, Others can purchase [ ] No, Only the City can purchase

Proposer Authorization

I, the undersigned, have the authority to execute this Proposal in its entirety as submitted and enter into a contract on behalf of the Proposer.

Printed Name and Position of Authorized Representative:

Signature of Authorized Representative:

Signed this (day) of (month), (year) https://burlesontx.bonfirehub.com/login

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Document Checklist

Group Document Title/File Name Included?

Y/N

Appendix B Appendix B (B2-B6)

Proposal Response to each of the evaluation Criteria outlined in Appendix B, Section 1-6.

Standard Form Signed Addenda

Standard Form Conflict of Interest Questionnaire

Standard Form Form 1295

Standard Form Anticipated Subcontractor List

Standard Form Certificate of Insurance

Standard Form W9

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1. REQUIRED PROPOSAL INFORMATION. IN ORDER FOR A PROPOSAL TO BE CONSIDERED COMPLETE, AND

TO BE EVALUATED FOR A CONTRACT AWARD BY THE CITY, PROPOSER MUST SUBMIT ALL OF THE

FOLLOWING INFORMATION:

A. Qualifications/Relative Experience (35%):

Proposers should utilize this section to describe the qualifications the company/team members have based on past experience and/or similar jobs completed. Past experience in working for local municipalities preferred but not required. Photo examples of similar projects are strongly encouraged.

B. Response Time (30%):

Due to the location of the lighting display being a focal point for the community, city management, and City Council, fast response times to service calls are imperative. Successful proposers will provide evidence of availability and plans for expediting service responses.

Response to service calls within 24 hours is critical.

Service calls may include but are not limited to bulb or strand replacement, timer malfunction, cord hazard, etc.

C. Rates and Expenses (25%):

In addition to the lump sum for the annual service required on the online pricing sheet. A detailed breakdown of all expenses expected to be billed to the City. A list of hourly rates of proposed project team members shall also be included along with an estimate of hours necessary to complete the work to be performed. The detailed breakdown should include the cost of all materials needed to complete the project.

D. References (10%):

A list of five (5) references must be included in order for the submittal to be responsive. Vendor references must include the following:

i. Name of the reference, organization, phone number and email.

3. Federal, State and/or Local Identification Information

A. Centralized Master Bidders List registration number: ______________________________.

B. Prime contractor HUB / MWBE registration number: ______________________________.

C. An individual Proposer acting as a sole proprietor must also enter the Proposer’s Social Security

Number: #_______-_______-_______.

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1. Emergency Business Services Contact Notice

During a natural disaster, or homeland security event, there may be a need for the City of Burleson to access your business for products or services after normal business hours and/or holidays. The City may request City employees pick up or vendor delivery of products or services.

For this purpose, a primary and secondary emergency contact name and phone number are required. It is critical that the vendor’s emergency contact information remains current. City shall be contacted by E-mail with any change to a contact name or phone number of these emergency contacts.

All products or services requested during an emergency event are to be supplied as per the established contract prices, terms and conditions. The vendor shall provide the fee (pricing) for an after-hours emergency opening of the business, if any. In general, orders will be placed using a City of Burleson procurement card (Master Card) or City issued Purchase Order. The billing is to include the emergency opening fee, if applicable.

The contractor shall provide the names, phone numbers and fee (pricing), if any, for an after-hours emergency opening of the business listed below.

Business Name: _____________________________________________________________________

Contract #: _________________________________________________________________________

Description: ________________________________________________________________________

Primary Contact (Name):______________________________________________________________

Primary Contact Phone Numbers: Home: ___________________ Cell: ___________________

Secondary Contact (Name):____________________________________________________________

Secondary Contact Phone Numbers: Home: ____________________ Cell: ___________________

After Hours emergency opening fee, if applicable: $________________________________________

8. Cooperative Purchasing: Please indicate below if you will permit other governmental entities to purchase from your agreement with the City.

[ ] Yes, Others can purchase [ ] No, Only the City can purchase

9. Compliance with HB 89: Proposer agrees per HB 89 vendor shall not boycott Israel at any time while providing products or services to the City of Burleson.

[ ] Yes, we agree

[ ] No, we do not agree

10. Compliance with SB 252: Proposer agrees per SB 252 vendor shall not do business with Iran, Sudan or a foreign terrorist organization while providing products or services to the City of Burleson.

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[ ] Yes, we agree [ ] No, we do not agree

11. Compliance with SB 13: Proposer agrees per SB 13 vendor does not boycott energy companies as those terms are defined in the Texas Government Code § 809.001 and will not boycott energy companies during the term of any contract with the City of Burleson.

12. Compliance with SB 19: Proposer agrees per SB 19 vendor does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association as those terms are defined in the Texas Government Code § 2274.001, and that vendor will not so discriminate during the term of any contract with the City of Burleson.

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Appendix C – SAMPLE SERVICE AGREEMENT

This SERVICE AGREEMENT (“Agreement”) is made and entered into by and between the CITY OF BURLESON (City”), a home rule municipal corporation situated in portions of Tarrant and Johnson Counties, Texas and __________________________________________(“Contractor”).

WITNESSETH:

WHEREAS, City and Contractor desire to enter into a contract by which Contractor will provide holiday lighting installation services.

WHEREAS, City desires to compensate Contractor for Contractor’s services as provided herein.

NOW, THEREFORE, City hereby engages the services of Contractor, and in consideration of the mutual promises herein contained, the parties agree as follows:

1. SCOPE OF SERVICES.

2. TERM.

Any contract resulting from this RFP shall be effective for one (1) year from the date of execution with the option to renew for two (2) additional one (1) year terms.

3. COMPENSATION.

Payment for services rendered shall be due within thirty (30) days of the uncontested performance of the particular services so ordered and receipt by City of Contractor’s invoice for payment of same. The City shall pay Contractor an amount not to exceed __________________________________________________________________ in accordance with the proposal incorporated herein as Exhibit A, and subject to the other terms and conditions of this Agreement, in exchange for completion of all tasks and delivery of all services listed in Exhibit A Scope of Services. In the event of partial performance, the City shall pay Contractor for only the itemized tasks completed and delivered. In the event of a disputed or contested billing, only that portion so contested may be withheld from payment, and the undisputed portion will be paid. No interest will accrue on any contested portion of the billing until mutually resolved. City will exercise reasonableness in contesting any billing or portion thereof.

4. TERMINATION.

4.1. Written Notice.

The City or Contractor may terminate this Agreement at any time and for any reason by providing the other party with 30 days written notice of termination.

4.2. Non-appropriation of Funds.

In the event no funds or insufficient funds are appropriated by the City in any fiscal period for any payments due hereunder, City will notify Contractor of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to the City of any kind whatsoever, except as to the portions of the payments herein agreed

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4.3. Duties and Obligations of the Parties.

In the event that this Agreement is terminated prior to the termination date, the City shall pay Contractor for services actually rendered or Contractor shall reimburse the City for services paid for but not actually rendered, up to the date of notice of termination.

5. INDEMNIFICATION.

CONTRACTOR AGREES TO DEFEND, INDEMNIFY AND HOLD THE CITY AND ITS RESPECTIVE OFFICERS, AGENTS AND EMPLOYEES, HARMLESS AGAINST ANY AND ALL CLAIMS, LAWSUITS, JUDGMENTS, FINES, PENALTIES, COSTS AND EXPENSES FOR PERSONAL INJURY (INCLUDING DEATH), PROPERTY

DAMAGE OR OTHER HARM OR VIOLATIONS FOR WHICH RECOVERY OF DAMAGES, FINES, OR

PENALTIES IS SOUGHT, SUFFERED BY ANY PERSON OR PERSONS, THAT MAY ARISE OUT OF OR BE OCCASIONED BY CONTRACTOR'S BREACH OF ANY OF THE TERMS OR PROVISIONS OF THIS CONTRACT, VIOLATIONS OF LAW, OR BY ANY NEGLIGENT, GROSSLY NEGLIGENT, INTENTIONAL, OR STRICTLY LIABLE ACT OR OMISSION OF THE CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, INVITEES, SUBCONTRACTORS, OR SUB-SUBCONTRACTORS AND THEIR RESPECTIVE OFFICERS, AGENTS, OR

REPRESENTATIVES, OR ANY OTHER PERSONS OR ENTITIES FOR WHICH THE CONTRACTOR IS LEGALLY RESPONSIBLE IN THE PERFORMANCE OF THIS CONTRACT. THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH SHALL NOT APPLY TO ANY LIABILITY RESULTING FROM THE SOLE NEGLIGENCE OF THE CITY, AND ITS OFFICERS, AGENTS, EMPLOYEES OR SEPARATE CONTRACTORS. THE CITY DOES NOT

WAIVE ANY GOVERNMENTAL IMMUNITY OR OTHER DEFENSES AVAILABLE TO IT UNDER TEXAS OR

FEDERAL LAW. THE PROVISIONS OF THIS PARAGRAPH ARE SOLELY FOR THE BENEFIT OF THE PARTIES

HERETO AND ARE NOT INTENDED TO CREATE OR GRANT ANY RIGHTS, CONTRACTUAL OR

OTHERWISE, TO ANY OTHER PERSON OR ENTITY.

CONTRACTOR AT ITS OWN EXPENSE IS EXPRESSLY REQUIRED TO DEFEND CITY AGAINST ALL SUCH

CLAIMS. CITY RESERVES THE RIGHT TO PROVIDE A PORTION OR ALL OF ITS OWN DEFENSE;

HOWEVER, CITY IS UNDER NO OBLIGATION TO DO SO. ANY SUCH ACTION BY CITY IS NOT TO BE CONSTRUED AS A WAIVER OF CONTRACTOR’S OBLIGATION TO DEFEND CITY OR AS A WAIVER OF

CONTRACTOR’S OBLIGATION TO INDEMNIFY CITY PURSUANT TO THIS AGREEMENT. CONTRACTOR

SHALL RETAIN DEFENSE COUNSEL WITHIN SEVEN (7) BUSINESS DAYS OF CITY’S WRITTEN NOTICE THAT CITY IS INVOKING ITS RIGHT TO INDEMNIFICATION UNDER THIS AGREEMENT. IF CONTRACTOR FAILS TO RETAIN COUNSEL WITHIN THE REQUIRED TIME PERIOD, CITY SHALL HAVE THE RIGHT TO RETAIN DEFENSE COUNSEL ON ITS OWN BEHALF AND SHALL BE LIABLE FOR ALL COSTS INCURRED BY

THE CITY.

THIS SECTION SHALL SURVIVE TERMINATION OF THE AGREEMENT.

6. MISCELLANEOUS PROVISIONS.

6.1. Right to Audit. Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this Agreement, have access to and the right to examine at reasonable times any directly pertinent books, documents, papers and records of the Contractor involving transactions relating to this Agreement at no additional cost to the City.

Contractor agrees that the City shall have access during normal working hours to all necessary Contractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The City shall give Contractor reasonable advance notice of intended audits.

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6.2. Independent Contractor. It is expressly understood and agreed that Contractor shall operate as an independent contractor as to all rights and privileges granted herein, and not as agent, representative or employee of the City. Subject to and in accordance with the conditions and provisions of this Agreement, Contractor shall have the exclusive right to control the details of its operations and activities and be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors and subcontractors. Contractor acknowledges that the doctrine of respondeat superior shall not apply as between the City, its officers, agents, servants and employees, and Contractor, its officers, agents, employees, servants, contractors and subcontractors. Contractor further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between City and Contractor.

6.3. Government Function Clause. All parties agree that this contract is one wherein the City is solely performing a governmental function.

6.4. Compliance with Laws. Contractor agrees to comply with all applicable federal, state and local laws, ordinances, rules and regulations. If the City notifies Contractor of any violation of such laws, ordinances, rules or regulations, Contractor shall immediately desist from and correct the violation.

6.5. Records Retention. To the extent Section 552.371 of the Texas Government Code applies to

Contractor and the Agreement, in accordance with Section 552.372 of the Texas Government Code, Contractor must (a) preserve all contracting information related to the Agreement in accordance with the records retention requirements applicable to the City for the duration of the Agreement, (b) no later than the tenth business day after the date of the City’s request, provide to the City any contracting information related to the Agreement that is in Contractor’s custody or possession, and (c) on termination or expiration of the Agreement, either (i) provide to the City at no cost all contracting information related to the Agreement that is in Contractor’s custody or possession or (ii) preserve the contracting information related to the Agreement in accordance with the records retention requirements applicable to the Contractor. Except as provided by Section 552.374(c) of the Texas Government Code, the requirements of Subchapter J, Chapter 552, Government Code, may apply to the Agreement and Contractor agrees that the Agreement may be terminated if Vendor knowingly or intentionally fails to comply with a requirement of that subchapter.

6.6. Non-Discrimination Covenant. Contractor, for itself, its personal representatives, assigns, subcontractors and successors in interest, as part of the consideration herein, agrees that in the performance of Contractor’s duties and obligations hereunder, it shall not discriminate in the treatment or employment of any individual or group of individuals on any basis prohibited by law. If any claim arises from an alleged violation of this non-discrimination covenant by Contractor, its personal representatives, assigns, subcontractors or successors in interest, Contractor agrees to assume such liability and to indemnify and defend the City

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6.7. Assignment and Subcontracting. Neither party may assign or subcontract any of its duties, obligations or rights under this Agreement.

6.8. Notice. Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when (1) hand-delivered to the other party, its agents, employees, servants or representatives, or (2) received by the other party by United States Mail, registered, return receipt requested, addressed as follows:

To CITY: To CONTRACTOR:

City of Burleson City Manager Attn: Tommy Ludwig 141 W. Renfro St.

Burleson, TX 76028

6.9. Governmental Powers. It is understood and agreed that by execution of this Agreement, the City does not waive or surrender any of its governmental powers.

6.10. No Waiver. The failure of the City or Contractor to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of the City's or Contractor's respective right to insist upon appropriate performance or to assert any such right on any future occasion.

6.11. Governing Law and Venue. This Agreement shall be construed in accordance with the internal laws of the State of Texas. If any action, whether real or asserted, at law or in equity, is brought on the basis of this Agreement, venue for such action shall lie in state courts located in Johnson County, Texas or the United States District Court for the Northern District of Texas.

6.12. Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired.

6.13. Force Majeure. The City and Contractor shall exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control (force majeure), including, but not limited to, compliance with any government law, ordinance or regulation, acts of God, acts of the public enemy, C-5 fires, strikes, lockouts, natural disasters, wars, riots, pandemics, epidemics, material or labor restrictions by any governmental authority, transportation problems and/or any other similar causes.

6.14. Heading Not Controlling. Headings and titles used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement.

6.15. Review of Counsel. The parties acknowledge that each party and its counsel have reviewed and revised this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or exhibits hereto.

6.16. Amendment and Modification. No extension, modification or amendment of this

Agreement shall be binding upon a party hereto unless such extension, modification, or amendment is set forth in a written instrument, which is executed by an authorized representative and delivered on behalf of such party.

6.17. Entirety of Agreement. This Agreement, including the schedule of exhibits attached hereto and any documents incorporated herein by reference, contains the entire understanding and agreement between the City and Contractor, their assigns and successors in interest, as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement.

6.18. Signature Authority. The person signing this agreement hereby warrants that he/she has the legal authority to execute this agreement on behalf of the respective party, and that such binding authority has been granted by proper order, resolution, ordinance or other authorization of the entity. The other party is fully entitled to rely on this warranty and representation in entering into this Agreement.

6.19. No Waiver of Governmental Immunity. Nothing contained in this Agreement shall be construed as a waiver of City’s governmental immunity, or of any damage caps or limitations imposed by law, or any other legal protections granted to City by law, except to the extent expressly provided or necessarily implied herein.

6.20. Mandatory Ownership Disclosure Provision. If required by law, Contractor shall submit completed Texas Ethics Commission Form 1295 Ownership Disclosure form to City at time of execution of Agreement pursuant to Texas Government Code Section 2252.908.

6.21. Non-Exclusivity. Agreement is non-exclusive and City may enter into a separate

Agreement with any other person or entity for some or all of the work to be performed

C-6 under Agreement.

6.22. No Third-Party Beneficiaries. Except as expressly provided herein, nothing herein is intended to confer upon any person other than the parties hereto any rights, benefits or remedies under or because of this Agreement, provided, however, that the described beneficiaries of the indemnity provisions of this Agreement are expressly intended third-party beneficiaries of this Agreement.

6.23. Basic Safeguarding of Contractor Information Systems. Contractor shall apply basic safeguarding requirements and procedures to protect the Contractor’s information systems whenever the information systems store, process, or transmit any information, not intended for public release, which is provided by or generated for the City. This requirement does not include information provided by the City to the public or simple transactional information, such as that is necessary to process payments. These requirements and procedures shall include, at a minimum, the security control requirements “reflective of actions a prudent business person would employ” which are outlined in the Federal Acquisition Regulations FAR 52.204-21(b) and codified in the Code of Federal Regulations at 48 C.F.R. § 52.204-21(b) (2016).

6.24. Survivability. The terms of this Agreement, which by their nature one would reasonably intend to survive this Agreement shall survive it, including terms addressing fees and payment, confidentiality, indemnification, immunity, representations and warranties, limitation of liability, and the applicable miscellaneous sections.

6.25. Insurance: The vendor, consistent with its status as an independent contractor, shall carry, and shall require any of its subcontractors to carry, at least the following insurance in such form, with such companies, and in such amounts (unless otherwise specified) as City will require:

a. Worker’s Compensation and Employer’s Liability insurance, including All States

Endorsement, to the extent required by federal law and complying with the laws of the State of Texas;

b. Commercial General Liability insurance, including Blanket Contractual Liability, Broad

Form Property Damage, Personal Injury, Completed Operations/Products Liability, Premises Liability, Medical Payments, Interest of Employees as additional insureds, and Broad Form General Liability Endorsements, for at least One Million Dollars ($1,000,000) Combined Single Limit Bodily Injury and Property Damage on an occurrence basis;

i. Comprehensive Automobile Liability insurance covering all owned, non owned or hired automobiles to be used by the Contractor, with coverage for

C-7 at least One Million Dollars ($1,000,000) Combined Single Limit Bodily Injury and Property Damage.

6.26. Counterparts; PDF Signatures. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Any pdf-format or other electronic transmission of any signature of a signatory shall be deemed an original and shall bind such signatory.

6.27. Mandatory Anti-Israel Boycott Provision. Contractor acknowledges this Agreement may be terminated and payment withheld if this certification is inaccurate:

a. Pursuant to Section 2271.002 of the Texas Government Code, Contractor certifies that either (i) it meets an exemption criterion under Section 2271.002; or (ii) it does not boycott Israel and will not boycott Israel during the term of the Agreement. Contractor acknowledges this Agreement may be terminated and payment withheld if this certification is inaccurate.

b. Pursuant to SB 13, 87th Texas Legislature, Contractor certifies that either (i) it meets an exemption criterion under SB 13, 87th Texas Legislature; or (ii) it does not boycott energy companies, as defined in Section 1 of SB 13, 87th Texas Legislature, and will not boycott energy companies during the term of the Agreement. Contractor acknowledges this Agreement may be terminated and payment withheld if this certification is inaccurate.

c. Pursuant to SB 19, 87th Texas Legislature, Contractor certifies that either (i) it meets an exemption criterion under SB 19, 87th Texas Legislature; or (ii) it does not discriminate against a firearm entity or firearm trade association, as defined in Section 1 of SB 19, 87th Texas Legislature, and will not discriminate against a firearm entity or firearm trade association during the term of the Agreement. Contractor acknowledges this Agreement may be terminated and payment withheld if this certification is inaccurate.

d. Pursuant to Subchapter F, Chapter 2252, Texas Government Code, Contractor certifies it is not engaged in business with Iran, Sudan, or a foreign terrorist organization, and otherwise in conformance with said statute. Contractor acknowledges this Agreement may be terminated and payment withheld if this certification is inaccurate.

7. Statutory Title VI Clauses. During the performance of this contract, the Contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "Contractor") agrees as follows:

7.1. compliance with Regulations: The Contractor (hereinafter includes Contractors) will comply with the Acts and the Regulations relative to non-discrimination in Federally-assisted programs of the U.S. Department of Transportation, the FHWA, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract.

7.2. Non-discrimination: The Contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor will not participate directly or indirectly in the discrimination

C-8 prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21.

7.3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the Contractor of the Contractor's obligations under this contract and the Acts and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin.

7.4. Information and Reports: The Contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Recipient or FHWA to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of a Contractor is in the exclusive possession of another who fails or refuses to furnish the information, the Contractor will so certify to the Recipient or FHWA, as appropriate, and will set forth what efforts it has made to obtain the information.

7.5. Sanctions for Noncompliance: In the event of a Contractor's noncompliance with the Nondiscrimination provisions of this contract, the Recipient will impose such contract sanctions as it or FHWA may determine to be appropriate, including, but not limited to:

a. withholding payments to the Contractor under the contract until the Contractor complies, and/or

b. cancelling, terminating, or suspending a contract, in whole or in part.

7.6. Incorporation of Provisions:

The Contractor will include the provisions of §6.28(a)-6.28(e) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Contractor will take action with respect to any subcontract or procurement as the Recipient or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In addition, the Contractor may request the United States to enter into the litigation to protect the interests of the United States.

During the performance of this contract, the Contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "Contractor") agrees to comply with the following non- discrimination statutes and authorities; including but not limited to:

a. Pertinent Non-Discrimination Authorities:

b. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21.

c. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601 ), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);

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d. Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex);

e. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27;

f. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age);

g. Airport and Airway Improvement Act of 1982, (49 USC § 4 71, Section 4 7123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex);

h. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964,

i. The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal-aid recipients, sub-recipients and Contractors, whether such programs or activities are Federally funded or not);

j. Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.P.R. parts 37 and 38;

k. The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex);

l. Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).