ReBid City Wide Tree Planting

INVITATION TO BID

CITY OF NEW ORLEANS, DEPARTMENT OF FINANCE, PURCHASING BUREAU

CITY HALL, 1300 PERDIDO ST., ROOM No. 4W07, NEW ORLEANS, LA 70112

This is a formal City bid solicitation for public works and capital projects. Interested persons should

carefully read and attend all stated information and requirements, including those contained in attachments.

BID TYPE:	Public Works Capital Projects	BID NO. 4671	ISSUE DATE: 4.10.2026
		SPONSORING CITY DEPT. OR AGENCY: PARKS AND PARKWAY
PROJECT DESCRIPTION:
BID CONFERENCE:	None	Optional	Mandatory-The City will receive bids only from persons/firms shown on the City’s attendance list.
	Date: May 4, 2026	Time: 11:00 A.M.	Place: Purchasing Conf. Room, #4W05, 4th Floor, City Hall, 1300 Perdido Street, New Orleans, LA 70112 or Microsoft Teams Meeting ID: 293 480 722 018 403, Passcode: XW32Qo96
Note: The City may prepare a conference report showing attendance, summarized Q&A, and matters discussed. The City will publish such report by issuing an Addendum to the Invitation to Bid. Said Addendum will be posted to the City’s supplier portal at ( https://www.nola.gov/purchasing /).
BID INSTRUCTIONS: Once a bid is submitted to the City, it becomes City property. A bidder should mark documents or information claimed confidential and justify any claimed exemption from public records disclosure. The City will not credit blanket confidentiality claims. The treatment of all confidentiality designations will be governed by Louisiana Public Records Law, La. R.S. 44:1, et seq. All bids remain valid for 90 calendar days after the Bid Deadline. Specification references to certain brands, makes, or manufacturers state only the general style, type, character, and quality desired. Equivalent products are acceptable. The City is not responsible for bid costs. Procurements produce no exclusive right to City work or purchases. Project Manual and/or Specifications may provide additional information for bidders. Bidders should closely monitor the City’s purchasing website for new or revised specifications, bid instructions, notices, etc. The City will change the invitation to bid ONLY by issuing formal addendum. In no case shall verbal communication override written communication. Bidders commit to abide by City Code, Chap. 2, Art. XIII, Sect. 2-1120 (relative to the operations and authority of the City Inspector General). The City adheres to the Louisiana Code of Governmental Ethics, contained in the Louisiana Revised Statutes Annotated, R.S. 42:1101, et seq. By submitting a bid, prospective bidders warrants that there are no “conflict of interest” related to this solicitation that would violate applicable Louisiana Law. Violation of the Louisiana Code of Governmental Ethics may result in rescission of contract, permit or licenses, and the imposition of fines and/or penalties, without contractual liability to the public in accordance with applicable law. The City’s protest policy applies to this invitation to bid. The policy is available at: https://www.nola.gov/getattachment/Purchasing/Forms/No-130-Procurement-Protest-Policy.pdf/ . Prospective bidders shall familiarize themselves with and shall comply with all applicable Federal and State Laws, parish/municipal ordinances, resolutions, and the rules and regulations of all authorities having jurisdiction over the solicitation. These laws and/or ordinance will be deemed to be included in the contract, the same as though herein written in full. DOCUMENTS: Applies? YES NO Bidding Documents may be obtained online at https://www.nola.gov/purchasing / or through the City of New Orleans webpage www.nola.gov , by selecting “Supplier Portal”. Addenda will be transmitted to all bidders who login and acknowledge download of Bidding Documents online from the City’s Supplier Portal, i.e. answer ‘yes’ when downloading Bidding Documents.
A. SUBMISSION DUE:	Date: May 14, 2026.	Time: 11:00 A.M.	Location: Purchasing Bureau, City Hall, 1300 Perdido Street, Room 4W07, New Orleans, LA 70112
	Note: The City will not accept bids delivered by fax, or by email address, or at any other location than the one above, or past the date and time of submission set forth above (the “Bid Deadline”). The purchasing date and time stamp clock will be the official and sole device for determining time of receipt for all mailed and hand delivered bids. Bids received after the Bid Deadline will be date stamped and returned to the bidder unopened.
A. BID OPENING:	The City will open the bids in public at the Purchasing Bureau or       immediately following the Bid Deadline.
A. SUBMISSION OF BID PACKAGE:	The bidder can submit its bid package either via a sealed envelope or online at https://www.nola.gov/purchasing /. Note: Bidders are hereby advised that due to the nature of the internet, The City cannot guarantee that access to the BRASS System will be uninterrupted or that emails or other electronic transmissions will be sent to you or received by us. The City is not responsible for any delays caused by the bidder’s chosen means of online bid delivery. Bidder is also responsible for ensuring that its courier service provider makes inside deliveries to our physical office location. The City will not credit delivery claims lacking a written proof of delivery. The bidder should submit bids according to means that produce a written proof of delivery. It is soley the bidder’s responsibility to ensure the timely delivery of its bid. Failure to meet the bid opening date and time, irrespective of the mode of delivery, shall result in the rejection of the bid.
A. REQUIRED CONTENTS:
1. bid	The bidder can: Either TYPED OR PRINTED BID. Said bid must bear the original signature (IN BLUE INK) by the bidder, or an authorized representative, on the Louisiana Uniform Public Work Bid Form provided with required attachments if any. When the bidder submits its bid package via SEALED ENVELOPE, said envelope must bear the Project Description AND the bidder’s Louisiana Contractor’s License Number(s) for the project classification(s). Or SUBMIT BID ONLINE at https://www.nola.gov/purchasing /. The bidder must attach a completed and signed digital copies of the Louisiana Uniform Public Work Bid Form, the Unit Price Form (if the contract includes unit prices), a signature authorization, and any other required bid submissions or attachments as required in the Bidding Documents. Bid Bond Certificate must be entered online (if required).
1. SIGNATURE AUTHORIZATION	At the time of bidding, the bidder shall submit a corporate resolution or written evidence of the authority of the person signing the bid package. The authority of the signature of the person submitting the bid shall be deemed sufficient and acceptable if any of the conditions set forth in La. R.S. 38:2212 (B)(5) are met.
1. license	Required? YES NO The bidders shall review the bid specifications to determine the Contractor’s License Classification. The bidder shall include in the bid the applied current license(s) number(s) for the following project description. Note: When the bidder submits its bid package via SEALED ENVELOPE, said envelope must bear the Project Description AND the bidder’s Louisiana Contractor’s License Number(s) for the project classification(s).
1. bid bond	Required? YES NO A bid bond or security in an amount not less than $      or five percent (5%) of bid amount, conditioned on the bidder’s failure to execute a contract with the City to supply the specified goods or services. Bidders shall provide bid security in the form of a bid bond, cashier’s check or certified check (as per R.S. 38:2218) in the amount of (see above) of the bid price (Base Bid and any Alternates). IF SUBMITTING A BID ONLINE, A bid bond submission is required by uploading the required paper bid bond online. The City requires a Bid Bond entered Online. IF SUBMITTING A BID VIA SEALED ENVELOPE, the City will accept a cashier’s check, certified check or satisfactory bid bond payable to the City. Note: The City will retain bid securities of the three (3) lowest responsible bidders until the Contract is executed or until final bid disposition. The City will return other bid securities after the bid canvass. At contract execution, the City will return bid securities not forfeited for failure to execute a contract with the City.
A. POST-BID DEADLINE SUBMISSION:	The two (2) apparent lowest bidders shall submit to the Purchasing Bureau the following documents within three (3) business days of the Bid Deadline. Note: The City may require said bidders to supplement their submission(s). In addition to the following items, the City may require the submission of other documents.
1. bidder’s attestation	Required? YES NO Required by La. R.S. 38:2212.10(C), 38:2224 and 38:2227. (Attached) (To be notarized)
1. dbe	Required? YES NO Required by City Code Sec. 70-456 et seq. DBE CONTRACT GOAL 35% (Attached)
1. Hire Nola	Required? YES NO Required by City Code Sec. 70-496 et seq. Hire NOLA: GFE Form, Manpower Utilization and Local Hire Plan. See form provided in Project Manual and/or Specifications.
1. section 3 compliance	Required? YES NO Required by 12 U.S.C. 1701u and 24 CFR Part 135. Section 3 Compliance Packet for Contractors. See form provided in Project Manual and/or Specifications.
A. AWARD:	The City may require additional information from bidders, and it may conduct inquiries to determine the bidder’s responsiveness, responsibility, and/or the accuracy of furnished information. Subject to merit-based cancellation and confirmed City funding, the City will award the solicitation to the lowest responsive and responsible bidder. The City reserves the right to reject any and all bids in accordance with the requirements of Louisiana Public Bid law.
A. CONTRACT:
1. type	Fixed Price: Obtain the specified good(s) or service(s) at the bid price. Requirements/Price Protection: Commit to supply the good(s) or service(s) as requested, at bid price, during term of the contract.
1. term	year[s] with City option to renew. As provided in Project Manual and/or Specifications.
1. additional provisions	The contract will contain additional terms and conditions shown in Project Manual and/or Specifications.
1. fees	The contractor is responsible for any recordation, notary, and copy fees.
1. additional needs: the succesful bidder must satisfy indicated needs on or before it receives a contract.	PERFORMANCE BOND: Required? YES NO Supply a performance bond acceptable to the City upon written request by the City, issued in the sum of: 100% of bid amount. $_     _ Specified amount.
	PAYMENT BOND: Required? YES NO Supply a payment bond acceptable to the City upon written request by the City, issued in the sum of: 100% of bid amount. $_     _ Specified amount.
	INSURANCE: Required? YES NO Supply insurance certificates upon written request by the City showing coverage required in the Invitation to Bid and/or Project Manual/Specifications.
	TAX CLEARANCE: Required? YES NO City Code Sec. 2-8.Supply the tax clearance form to the City upon written request by the City. Please supply a copy of a valid City of New Orleans Occupational License if the vendor is domiciled within Orleans Parish or Registration Certificate if the vendor is located outside of Orleans Parish.  To get a copy of your documents visit: ( https://salestax.nola.gov )
	LICENSES: Required? YES NO Supply copy to the City of all applicable and required licenses upon written request by the City.
	SPECIAL CDBG REQUIREMENTS: Apply? YES NO When CDBG funds are used to fund any portion of this Project, the selected bidder must observe the requirements as to conditions of employment and pay minimum wage rates under the Contract, Section 3, Segregated Facilities, Section 109, Executive Order 11246, and all applicable laws and regulations of the Federal Government and State of Louisiana and bonding and insurance requirements.
	CITY’S HIRING REQUIREMENTS: Required? YES NO City Code Sec. 2.8. Supply said affidavit upon written request by the City.
A. ATTACHMENTS	Applies? YES NO Project Manual and Related Drawings or Plans or Specifications if applicable. (Attached Separately)
A. POINTS OF CONTACT FOR INQUIRIES:	Bidders and their representatives are prohibited from contacting City employees or officials or architect(s) and/or engineer(s) hired for this project about this invitation to bid prior to the Bid Deadline. If a bidder violates the established prohibition on communications, the City may disqualify its bid package. For DBE, Purchasing related inquires, a bidder shall submit its question in writing to the appropriate point of contact no later than seven (7) business days prior to the Bid Deadline.
1. purchasing	For all inquiries (except DBE), please direct them to the following Designated Purchasing Official: Name: Maxie M. Birch, Address: 1300 Perdido Room 4W07, New Orleans, LA 70112, Telephone (504) 658-1562. E-mail:maxie.birch@nola.gov. Note: If the bidder contacts the Designated Purchasing Official via email, please include in the email the following subject line: “Bid No. 4671 question(s)”.
1. dbe	Please direct inquiries via email to supplierdiversity@nola.gov , or via mail to the City of New Orleans, Office of Supplier Diversity, 1340 Poydras Street, Suite 1000, New Orleans, LA 70112, Note: If the bidder contacts the Office of Supplier Diversity via email, please include in the email the following subject line: “Bid No. 4671 – DBE - question(s) ”.
1. Hire Nola	Please direct inquiries via email to hirenola@nola.gov , or via mail to the Office of Workforce Development, 3400 Tulane Avenue, 2nd Floor, New Orleans, LA 70119, or by telephone at: (504) 658-4500. Note: If the bidder contacts Hire Nola via email, please include in the email the following subject line: “Bid No. 4671 – Hire Nola - question(s)”.
1. section 3 compliance	Please direct inquiries via email to laborcompliance@nola.gov , or via mail to the Office of Community Development, 1340 Poydras Street, Suite 1000, New Orleans, LA 70112. Note: If the bidder contacts Labor Compliance via email, please include in the email the following subject line: “Bid No. 4671– Labor Compliance question(s)”.

GENERAL TERMS AND CONDITIONS

FOR CONSTRUCTION CONTRACTS WITH THE CITY OF NEW ORLEANS

TABLE OF CONTENTS

1. ACKNOWLEDGMENT OF EXCLUSION OF WORKER’S COMPENSATION COVERAGE.

2. ACKNOWLEDGMENT OF EXCLUSION OF UNEMPLOYMENT COMPENSATION COVERAGE.

3. ASSIGNABILITY.

4. AMENDMENT.

5. AUDIT AND INSPECTION.

6. CHOICE OF LAWS.

7. COMPLIANCE WITH CITY’S HIRING REQUIREMENTS – BAN THE BOX

8. CONFLICT OF INTEREST.

9. CONSTRUCTION OF AGREEMENT.

10. CONVICTED FELON STATEMENT.

11. COST RECOVERY.

12. DECLARED DISASTER.

13. DISADVANTAGED BUSINESS ENTERPRISE (“DBE”) PROGRAM.

14. DURATION.

15. EMPLOYEE VERIFICATION.

16. ENTIRE AGREEMENT.

17. NON-DISCRIMINATION.

18. EXCLUSIVE JURISDICTION AND VENUE.

19. HIRENOLA PROGRAM.

20. INCORPORATION INTO SUBCONTRACTS.

21. INDEMNIFICATION.

22. INDEPENDENT CONTRACTOR STATUS.

23. INSURANCE.

24. INVOICES.

25. LIMITATIONS OF THE CITY’S OBLIGATIONS.

26. LIVING WAGES.

27. NO THIRD PARTY BENEFICIARIES.

28. NOLA 311.

29. NON-EXCLUSIVITY.

30. NON-SOLICITATION.

31. NON-WAIVER.

32. OWNERSHIP INTEREST DISCLOSURE.

33. PAYMENT.

34. PERFORMANCE MEASURES.

35. PROHIBITION AGAINST FINANCIAL INTEREST IN AGREEMENT.

36. PROHIBITION ON POLITICAL ACTIVITY.

37. REMEDIES CUMULATIVE.

38. SEVERABILITY.

39. SUBCONTRACTOR REPORTING.

40. SURVIVAL.

41. SUSPENSION.

42. TERMINATION FOR CAUSE.

43. TERMINATION FOR CONVENIENCE.

44. TERMINATION FOR NON-APPROPRIATION.

45. TERMS BINDING.

46. WAIVER OF SICK AND ANNUAL LEAVE BENEFITS.

47. WASTE DISPOSAL

1. ACKNOWLEDGMENT OF EXCLUSION OF WORKER’S COMPENSATION COVERAGE. The Contractor herein expressly agrees and acknowledges that it is an independent contractor as defined in R.S. 23:1021 (6) and as such, it is expressly agreed and understood between the parties hereto, in entering into this Contract, that the City shall not be liable to the Contractor for any benefits or coverage as provided by the Workmen's Compensation Law of the State of Louisiana, and further, under the provisions of R.S. 23:1034 anyone employed by the Contractor shall not be considered an employee of the City for the purpose of Worker’s Compensation coverage.

2. ACKNOWLEDGMENT OF EXCLUSION OF UNEMPLOYMENT COMPENSATION COVERAGE. The Contractor herein expressly declares and acknowledges that it is an independent contractor, and as such is being hired by the City under this Contract as noted and defined in R.S. 23:1472 (E), and therefore, it is expressly declared and understood between the parties hereto, in entering into this Contract and in connection with unemployment compensation only, that:

A. The Contractor has been and will be free from any control or direction by the City over the performance of the services covered by this Contract; and

B. Services to be performed by the Contractor are outside the normal course and scope of the City’s usual business; and

C. The Contractor has been independently engaged in performing the services listed herein prior to the date of this Contract.

Consequently, neither the Contractor nor anyone employed by the Contractor shall be considered an employee of the City for the purpose of unemployment compensation coverage, the same being hereby expressly waived and excluded by the parties hereto.

3. ASSIGNABILITY. The Contractor shall not assign any interest in this Contract and shall not transfer any interest in the same without prior written consent of the City.

4. AMENDMENT. The Contract shall not be modified except by written amendment and/or change order executed by duly authorized representatives of the parties.

5. AUDIT AND INSPECTION.

A. The Contractor will submit to any City audit, inspection, and review and, at the City’s request, will make available all documents relating or pertaining to this Contract maintained by or under the control of the Contractor, its employees, agents, assigns, successors and subcontractors, during normal business hours at the Contractor’s office or place of business in Louisiana. If no such location is available, the Contractor will make the documents available at a time and location that is convenient for the City.

B. The Contractor will abide by all provisions of City Code § 2-1120, including but not limited to City Code § 2-1120(12), which requires the Contractor to provide the Office of Inspector General with documents and information as requested. Failure to comply with such requests shall constitute a material breach of the Contract. The Contractor agrees that it is subject to the jurisdiction of the Orleans Parish Civil District Court for purposes of challenging a subpoena.

6. CHOICE OF LAWS. This Contract shall be construed and enforced in accordance with the laws of the State of Louisiana, without regard to its conflict of laws provisions.

7. COMPLIANCE WITH CITY’S HIRING REQUIREMENTS - BAN THE BOX.

A. The Contractor agrees to adhere to the City’s hiring requirements contained in City Code Sections 2-8(d) and 2-13(a)-(f). Prior to executing this Contract, Contractor must provide a sworn statement attesting to its compliance with the City’s hiring requirements or stating why deviation from the hiring requirements is necessary.

B. Failure to maintain compliance with the City’s hiring requirements throughout the term of the Contract, or to provide sufficient written reasons for deviation, is a material breach of this Contract. Upon learning of any such breach, the City will provide the Contractor notice of noncompliance and allow Contractor 30 days to come into compliance. If, after providing notice and 30 days to cure, the Contractor remains noncompliant, the City may move to suspend payments to Contractor, void the Contract, or take any such legal action permitted by law or this Contract.

C. This section will not apply to any agreements excluded from the City’s hiring requirements by City Code Sections 2-8(d) or (g). Should a court of competent jurisdiction find any part of this section to be unenforceable, the section should be reformed, if possible, so that it is enforceable to the maximum extent permitted by law, or if reformation is not possible, the section should be fully severable and the remaining provisions of the Contract will remain in full force and effect.

D. The Contractor will incorporate the terms and conditions of this Article into all subcontracts, by reference or otherwise, and will require all subcontractors to comply with those provisions.

8. CONFLICT OF INTEREST. In the interest of ensuring that efforts of the Contractor do not conflict with the interests of the City, and in recognition of the Contractor’s responsibility to the City, the Contractor agrees to decline any offer of employment if its independent work on behalf of the City is likely to be adversely affected by the acceptance of such employment. The initial determination of such a possibility rests with the Contractor. It is incumbent upon the Contractor to notify the City and provide full disclosure of the possible effects of such employment on the Contractor's independent work in behalf of the City. Final decision on any disputed offers of other employment for the Contractor shall rest with the City.

9. CONSTRUCTION OF AGREEMENT. Neither party will be deemed to have drafted the Contract. The Contract has been reviewed by all parties and will be construed and interpreted according to the ordinary meaning of the words used so as to fairly accomplish the purposes and intentions of all parties. No term of the Contract will be construed or resolved in favor of or against the City or the Contractor on the basis of which party drafted the uncertain or ambiguous language. The headings and captions of the Contract are provided for convenience only and are not intended to have effect in the construction or interpretation of the Contract. Where appropriate, the singular includes the plural, and neutral words and words of any gender include the neutral and other gender.

10. CONVICTED FELON STATEMENT. The Contractor complies with City Code § 2-8(c) and no principal, member, or officer of the Contractor has, within the preceding five years, been convicted of, or pled guilty to, a felony under state or federal statutes for embezzlement, theft of public funds, bribery, or falsification or destruction of public records.

11. COST RECOVERY. In accordance with Section 2-8.1 of the Municipal Code entitled “Cost recovery in contracts, cooperative endeavor agreements, and grants,” to the maximum extent permitted by law, the Contractor shall reimburse the City or disgorge anything of value or economic benefit received from the City if the Contractor fails to meet its contractual obligations.

12. DECLARED DISASTER.

A. Declaration. During the declaration of an emergency by federal, state, and/or local government, the Contractor shall provide support to the City on an as-needed and task-order-driven basis. Because of the uncertainty of the scale and/or type of emergency, the services to be provided by the Contractor will vary and may need to be adjusted as needs are identified. The Contractor may be requested to provide a range of services. Said services may need to be rendered on a continual basis (24 hours / 7 days per week) during the declaration of an emergency.

B. Task Order. Notification and Personnel. Prior or during the declaration of an emergency, the City will notify the Contractor via task order if the City requires the Contractor’s support. Upon activation by task order, the Contractor will provide the City with contact information of personnel assigned to the task order; and coordinate with the City to identify any personnel available to meet the City’s needs.

C. Purchase Order. Once services are identified, the City will issue a purchase order to the Contractor. The City will issue a subsequent purchase order in case of additional needs for services, or may issue a modified purchase order if changes are made to the initial purchase order.

D. The Contractor will ensure that the City is provided with timely and accurate reports and other documentation, as requested.

13. DISADVANTAGED BUSINESS ENTERPRISE (“DBE”) PROGRAM.

A. In General. The Contractor agrees to abide by the City Code sections 70-496, et seq., to use its best efforts to carry out all applicable requirements of the City’s DBE Program for the administration of this Contract, as set forth in the City Code and any applicable rules adopted thereunder. The City’s Office of Supplier Diversity (“OSD”) oversees the DBE Program and assigns a DBE Compliance Officer (“DBECO”) to ensure compliance.

B. Monitoring. To ensure compliance with DBE requirements during the term of this Contract, the DBECO will monitor the Contractor’s use of DBE subcontractors/suppliers (“DBE Entities”) through the following actions:

1. Job site visits;

2. Electronic payment tracking via the Contract Compliance Monitoring System or other means as approved by the OSD;

3. Routine audits of contract payments to all subcontractors;

4. Reviewing of records and reports; and/or

5. Interviews of selected personnel.

The DBECO may schedule inspections and on-site visits with or without prior notice to the Contractor or DBE Entities.

C. Cooperation. The Contractor shall:

1. Designate an individual as the “DBE Liaison” who will monitor the Contractor’s DBE participation as well as document and maintain records of “Good Faith Efforts” with DBE Entities.

2. Execute written contracts with DBE Entities that meet the applicable DBE goals.

1. The Contractor shall provide the DBECO with copies of said contracts within thirty (30) days from the date this Contract is fully executed between the City and the Contractor.

2. The Contractor shall agree to promptly pay subcontractors, including DBE Entities, in accordance with law.

3. Establish and maintain the following records for review upon request by the OSD:

1. Copies of written contracts with DBE Entities and purchase orders;

2. Documentation of payments and other transactions with DBE Entities;

3. Appropriate explanations of any changes or replacements of DBE Entities, which may include a record of “Post-Award Good Faith Efforts” for each certified firm that the Contractor does not use in accordance with the approved DBE participation submission;

4. Any other records required by the OSD.

The Contractor is required to maintain such records for three (3) years after completion or closeout of this Contract. Such records are necessary to determine compliance with their DBE obligations.

4. Post monthly payments and submit regular reports to the DBECO as required via the online “Contract Compliance Monitoring System” or other means approved by the OSD.

1. The Contractor shall submit the initial report outlining DBE participation within thirty (30) days from the date of notice to proceed (or equivalent document) issued by the City to the Contractor. Thereafter, “DBE Utilization” reports shall be due on or before the fifteenth (15th) day of each month until all DBE subcontracting work is completed.

2. Reports are required even when no activity has occurred in a monthly period.

3. If the established percentage is not being met, the monthly report shall include a narrative description of the progress being made in DBE participation.

4. The Contractor may also be required to attach or upload copies of canceled checks or bank statements that identify payer, payee and amount of transfer to verify payment information as indicated on the form.

5. Conform to the established percentage as approved by the OSD.

1. The total dollar amount of the Contract shall include approved change orders and amendments. For a requirements contract, the total dollar amount shall be based in actual quantities ordered.

2. No changes to the established percentage and DBE Entities submitted on DBE Compliance Form-1 shall be allowed without approval by the OSD.

3. The City will not adjust the Contract for any increase in cost due to replacement of DBE Entities.

D. Post-Award Modification. The OSD may grant a post-award modification request if:

A. for a reason beyond the Contractor’s control, the Contractor is unable to use the certified DBE entity submitted on DBE Compliance Form-1 to perform the specified work. The Contractor must notify the OSD of the intent for removal and substitution of a certified DBE immediately upon determination of that the DBE submitted on Compliance Form -1 is unable to perform the specified work. In such case, the Contractor shall use and document “Good Faith Efforts” to find a similarly qualified and certified DBE entity to perform such specified work. The same criteria used for establishing “Good Faith Efforts” in maximizing the participation of DBE Entities prior to awarding the Contract will also apply to the substitution of DBE subcontractors during the performance of the Contract; or

B. the Contractor reasonably believes that, due to a change of scope, execution of the work in accordance with the directions from the City is unlikely to meet the established percentage or terms. In such case, the Contractor shall use and document “Good Faith Efforts” to achieve a reasonable amount of DBE participation on the remaining work on the Contract.

14. DURATION. The services to be provided under the terms of this Contract shall begin upon issuance of the Notice to Proceed. It is understood and acknowledged by all signers to this Contract that work described under these terms is to be accomplished with the Contract Time period specified herein in Article H of Section 00110-2 of the Bidding Documents.

15. EMPLOYEE VERIFICATION. The Contractor swears that (i) it is in compliance with La. R.S. 38:2212.10, and is registered and participates in a status verification system to verify that all employees in the State of Louisiana are legal citizens of the United States or are legal aliens; (ii) it shall continue, during the term of this Agreement, to utilize a status verification system to verify the legal status of all new employees in the State of Louisiana; and (iii) it shall require all subcontractors to submit to the Contractor a sworn affidavit verifying compliance with items (i) and (ii) above. Any violation of the provisions of this paragraph may subject this Agreement to termination, and may further result in the Contractor being ineligible for any public contract for a period of 3 years from the date the violation is discovered. The Contractor further acknowledges and agrees that it shall be liable for any additional costs incurred by the City occasioned by the termination of this Agreement or the loss of any license or permit to do business in the State of Louisiana resulting from a violation of La. R.S. 38:2212.10. The Contractor will provide to the City a sworn affidavit attesting to the above provisions if requested by the City. The City may terminate this Agreement for cause if the Contractor fails to provide such the requested affidavit or violates any provision of this paragraph.

16. ENTIRE AGREEMENT. This Agreement, including all incorporated documents, constitutes the final and complete agreement and understanding between the parties. All prior and contemporaneous agreements and understandings, whether oral or written, are superseded by this Agreement and are without effect to vary or alter any terms or conditions of this Agreement.

17. NON-DISCRIMINATION.

A. Equal Employment Opportunity. In all hiring or employment made possible by, or resulting from this Agreement, the Contractor (1) will not be discriminate against any employee or applicant for employment because of race, sex, color, religion, gender, age, physical or mental disability, national origin, sexual orientation, gender identity, creed, culture, or ancestry, and (2) where applicable, will take affirmative action to ensure that the Contractor’s employees are treated during employment without regard to their race, sex, color, religion, gender, age, physical or mental disability, national origin, sexual orientation, gender identity, creed, culture, or ancestry. This requirement shall apply to, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. All solicitations or advertisements for employees shall state that all qualified applicants will receive consideration for employment without regard to race, sex, color, religion, gender, age, physical or mental disability, national origin, sexual orientation, gender identity, creed, culture, or ancestry.

B. Non-Discrimination. In the performance of this Agreement, the Contractor will not discriminate on the basis, whether in fact or perception, of a person's race, color, creed, religion, national origin, ancestry, age, sex, gender, sexual orientation, gender identity, domestic partner status, marital status, physical or mental disability, or AIDS- or HIV-status against (1) any employee of the City working with the Contractor in any of Contractor’s operations within Orleans Parish or (2) any person seeking accommodations, advantages, facilities, privileges, services, or membership in all business, social, or other establishments or organizations operated by the Contractor. The Contractor agrees to comply with and abide by all applicable federal, state and local laws relating to non-discrimination, including, without limitation, Title VI of the Civil Rights Act of 1964, Section V of the Rehabilitation Act of 1973, and the Americans with Disabilities Act of 1990.

C. The City may terminate this Agreement for cause if the Contractor fails to comply with any obligation in this Article, which failure is a material breach of this Agreement.

18. EXCLUSIVE JURISDICTION AND VENUE. For all claims arising out of or related to this Contract, the Contractor hereby consents and yields to the jurisdiction of the Civil District Court for the Parish of Orleans, and expressly waives any (A) pleas of jurisdiction based upon Contractor’s residence and (B) right of removal to federal court based upon diversity of citizenship.

19. HIRENOLA PROGRAM. The Contractor agrees to abide by City Code sections 70-496, et seq., to demonstrate good faith efforts to fully carry out the applicable requirements of the HireNOLA Program as defined in the City Code. If the Contractor fails to comply with the requirements of the HireNOLA Program during the term of the Agreement, said failure may result in termination of the Agreement or pursuit of other remedies. This applies to projects funded by General Funds.

20. INCORPORATION INTO SUBCONTRACTS. The Contractor will incorporate these Contract Terms and Conditions into all subcontracts, by reference or otherwise, and will require all subcontractors to comply with these provisions.

21. INDEMNIFICATION.

A. To the fullest extent permitted by law, the Contractor will indemnify, defend, and hold harmless the City, its agents, employees, officials, insurers, self-insurance funds, and assigns (collectively, the "Indemnified Parties") from and against any and all claims, demands, suits, and judgments of sums of money accruing against the Indemnified Parties: for loss of life or injury or damage to persons or property arising from or relating to any act or omission or the operation of the Contractor, its agents or employees while engaged in or in connection with the discharge or performance of any services under this Contract; and for any and all claims and/or liens for labor, services, or materials furnished to the Contractor in connection with the performance of work under this Contract.

B. Limitation. The Contractor's indemnity does not extend to any loss arising from the gross negligence or willful misconduct of any of the Indemnified Parties, provided that neither the Contractor nor any of its agents or employees contributed to such gross negligence or willful misconduct.

C. Independent Duty. The Contractor has an immediate and independent obligation to, at the City's option: (a) defend the City from or (b) reimburse the City for its costs incurred in the defense of any claim that actually or potentially falls within this indemnity, even if: (1) the allegations are or may be groundless, false, or fraudulent; or (2) the Contractor is ultimately absolved from liability.

D. Expenses. Notwithstanding any provision to the contrary, the Contractor shall bear the expenses including, but not limited to, the City's reasonable attorney fees and expenses, incurred by the City in enforcing this indemnity.

22. INDEPENDENT CONTRACTOR STATUS. The Contractor is an independent contractor and shall not be deemed an employee, servant, agent, partner, or joint venture of the City and will not hold itself or any of its employees, subcontractors or agents to be an employee, partner, or agent of the City.

23. INSURANCE. The Contractor shall purchase in its name and maintain at its sole cost and expense such liability and other insurance as set out in the insurance requirements of this Invitation to Bid and/or Project Manual/Specifications.

24. INVOICES. The Contractor must submit invoices monthly (unless agreed otherwise between the parties to this Contract) to the City electronically, via its supplier portal, for goods and/or services provided under this Contract no later than 10 calendar days following the end of the period covered by the invoice. Untimely invoices may result in delayed payment for which the City is not liable. At a minimum, each invoice must include the following information: contract or purchase order number issued by the City, and the name of the city department to be invoiced. The City may require changes to the form or the content of the invoice. The City may also require additional supporting documentation to be submitted with invoices.

25. LIMITATIONS OF THE CITY’S OBLIGATIONS. The City has no obligations not explicitly set forth in this Agreement or any incorporated documents or expressly imposed by law.

26. LIVING WAGES.

A. Definitions. Unless otherwise expressly provided in this Agreement, Capitalized terms used but not defined herein, shall have the definition attributed to them in Article VIII, Section 70-802 of the City Code.

B. Compliance. To the fullest extent permitted by law, the Contractor agrees to abide by City Code Sections 70-801, et seq., which requires, in pertinent part, the following:

1. Payment of an hourly wage to Covered Employees equal to the amounts defined in the City Code (“Living Wage”);

2. Receipt of at least seven (7) days per year of compensated leave for Covered Employees, as required by Section 70-807 of the City Code; and

3. Post notice in a prominent place regarding the applicability of the Living Wage Ordinance in every workplace in which Covered Employees are working that is within the Covered Employer's custody and control, as required by Section 70-810 of the City Code.

C. Current Living Wage. In accordance with the Living Wage Ordinance, the current Living Wage per the Consumer Price Index data is equal to $15.56. The Contractor shall be responsible for confirming the Current Living Wage by visiting https://www.nola.gov/economic-development/workforce-development/.

D. Adjusted Living Wage. In accordance with Section 70-806(2) of the City Code, the Contractor acknowledges and agrees that the Living Wage may be increased during the term of the Agreement. Any City contract or City financial assistance agreement (a) extending from one calendar year into the next or (b) with a term of longer than one year, inclusive of any renewal terms or extensions, shall require the Covered Employer to pay the Covered Employee an Adjusted Living Wage, accounting for the annual Consumer Price Index adjustment. The indexing adjustment shall occur each year on July 1st using the Consumer Price Index figures provided for the calendar year ended December 31st of the preceding year, and thereafter on an annual basis.

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