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.

GENERAL TERMS AND CONDITIONS

FOR CONSTRUCTION CONTRACTS WITH THE CITY OF NEW ORLEANS

TABLE OF CONTENTS

ACKNOWLEDGMENT OF EXCLUSION OF WORKER'S COMPENSATION COVERAGE.

ACKNOWLEDGMENT OF EXCLUSION OF UNEMPLOYMENT COMPENSATION COVERAGE.

ASSIGNABILITY.

AMENDMENT.

AUDIT AND INSPECTION.

CHOICE OF LAWS.

COMPLIANCE WITH CITY'S HIRING REQUIREMENTS - BAN THE BOX

CONFLICT OF INTEREST.

CONSTRUCTION OF AGREEMENT.

CONVICTED FELON STATEMENT.

COST RECOVERY.

DECLARED DISASTER.

DISADVANTAGED BUSINESS ENTERPRISE ("DBE") PROGRAM.

DURATION.

EMPLOYEE VERIFICATION.

ENTIRE AGREEMENT.

NON-DISCRIMINATION.

EXCLUSIVE JURISDICTION AND VENUE.

HIRENOLA PROGRAM.

INCORPORATION INTO SUBCONTRACTS.

INDEMNIFICATION.

INDEPENDENT CONTRACTOR STATUS.

INSURANCE.

INVOICES.

LIMITATIONS OF THE CITY'S OBLIGATIONS.

LIVING WAGES.

NO THIRD PARTY BENEFICIARIES.

NOLA 311.

NON-EXCLUSIVITY.

NON-SOLICITATION.

NON-WAIVER.

OWNERSHIP INTEREST DISCLOSURE.

PAYMENT.

PERFORMANCE MEASURES.

PROHIBITION AGAINST FINANCIAL INTEREST IN AGREEMENT.

PROHIBITION ON POLITICAL ACTIVITY.

REMEDIES CUMULATIVE.

SEVERABILITY.

SUBCONTRACTOR REPORTING.

SURVIVAL.

SUSPENSION.

TERMINATION FOR CAUSE.

TERMINATION FOR CONVENIENCE.

TERMINATION FOR NON-APPROPRIATION.

TERMS BINDING.

WAIVER OF SICK AND ANNUAL LEAVE BENEFITS.

WASTE DISPOSAL

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.

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:

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

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

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.

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.

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

AUDIT AND INSPECTION.

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.

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.

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.

COMPLIANCE WITH CITY'S HIRING REQUIREMENTS - BAN THE BOX.

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.

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.

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.

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.

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.

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.

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.

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.

DECLARED DISASTER.

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.

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.

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.

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

DISADVANTAGED BUSINESS ENTERPRISE ("DBE") PROGRAM.

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.

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:

Job site visits;

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

Routine audits of contract payments to all subcontractors;

Reviewing of records and reports; and/or

Interviews of selected personnel.

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

Cooperation. The Contractor shall:

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.

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

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.

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

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

Copies of written contracts with DBE Entities and purchase orders;

Documentation of payments and other transactions with DBE Entities;

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;

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.

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.

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.

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

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

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.

Conform to the established percentage as approved by the OSD.

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.

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

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

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

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

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.

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.

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.

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.

NON-DISCRIMINATION.

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.

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.

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.

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.

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.

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.

INDEMNIFICATION.

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.

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.

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.

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.

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.

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.

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.

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.

LIVING WAGES.

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.

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:

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

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

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.

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/.

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.

Subcontract Requirements. As required by Section 70-804 of the City Code, the Contractor, beneficiary, or other Covered Employer, prior to entering into a subcontract, shall notify subcontractors in writing of the requirements and applicability of Article VIII - The Living Wage Ordinance ("Article"). City contractors and beneficiaries shall be deemed responsible for violations of this Article by their subcontractors.

Reporting. On or before January 31st and upon request by the City, the Contractor shall identify (a) the hourly wage earned by the lowest paid Covered Employee and (b) the number of days of compensated leave received by Covered Employees earning less than 130% of the then-prevailing wage during the current term of the Agreement, and provide the identified information to the following:

Office of Workforce Development

Living Wage - Compliance

1340 Poydras Street - Suite 1800

New Orleans, Louisiana 70112

Compliance Monitoring. Covered Employers under this Agreement are subject to compliance monitoring and enforcement of the Living Wage requirements by the Office of Workforce Development (the "OWD") and/or the Chief Administrative Office ("CAO"). Covered Employers will cooperate fully with the OWD and/or the CAO and other City employees and agents authorized to assist in the administration and enforcement of the Living Wage requirements. Steps and actions include, but are not limited to, requirements that: (i) the Contractor will cooperate fully with the OWD and the CAO and other City employees and agents authorized to assist in the administration and enforcement of the Living Wage requirements; (ii) the Contractor agrees that the OWD and the CAO and their designees, in the performance of their duties, shall have the right to engage in random inspections of job sites and to have access to the employees of the Contractor, payroll records and employee paychecks; and (ii) that the City may audit such records of the Contractor as he or she reasonably deems necessary to determine compliance with the Living Wage standards.

Remedies. If the Contractor fails to comply with the Living Wage requirements during the term of the Agreement, said failure may result in termination of the Agreement or the pursuit of other remedies by the City, including, but not limited to, the penalties and enforcement mechanisms set forth in Section 70-811 of the City Code.

NO THIRD PARTY BENEFICIARIES. The Contract is entered into for the exclusive benefit of the City and the Contractor, and the City and the Contractor expressly disclaim any intent to benefit anyone not a party to this Contract.

NOLA 311. The Contractor will provide work progress updates and other information as required by the City through the City's designated customer service system ("NOLA 311") within forty-eight (48) hours of any event. The Contractor is responsible for ensuring that it has the capabilities to use NOLA 311 as required by this paragraph and will not be entitled to any additional compensation for the performance of these requirements.

NON-EXCLUSIVITY. This Contract is non-exclusive and the Contractor may provide services to other clients, subject to the City's approval of any potential conflicts with the performance of this Contract and the City may engage the services of others for the provision of some or all of the work to be performed under this Contract.

NON-SOLICITATION. The Contractor has not employed or retained any company or person, other than a bona fide employee working solely for him, to solicit or secure the subject Contract. The Contractor has not paid or agreed to pay any person, other than a bona fide employee working for him, any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the subject Contract.

NON-WAIVER. The failure of the City to insist upon strict compliance with any provision of the Contract, to enforce any right or to seek any remedy upon discovery of any default or breach of the Contractor at such time as the initial discovery of the existence of such noncompliance, right, default or breach shall not affect or constitute a waiver of the City's right to insist upon such compliance, exercise such right or seek such remedy with respect to that default or breach or any prior contemporaneous or subsequent default or breach.

OWNERSHIP INTEREST DISCLOSURE. The Contractor will provide a sworn affidavit listing all natural or artificial persons with an ownership interest in the Contractor and stating that no other person holds an ownership interest in the Contractor via a counter letter. For the purposes of this provision, an "ownership interest" shall not be deemed to include ownership of stock in a publicly traded corporation or ownership of an interest in a mutual fund or trust that holds an interest in a publicly traded corporation. If the Contractor fails to submit the required affidavits, the City may, after thirty (30) days' written notice to the Contractor, take such action as may be necessary to cause the suspension of any further payments until such the required affidavits are submitted.

PAYMENT. Unless otherwise agreed by the City, payment terms are NET 30 days upon providing that goods and/or services described under this Contract have been delivered, installed (if required), rendered, and/or accepted and upon receipt by the City of properly submitted invoice via the City's supplier portal.

PERFORMANCE MEASURES.

Factors. The City will measure the performance of the Contractor according to the following non-exhaustive factors: timeliness of delivery; condition of delivery; ability to follow instructions; product quality; handling of complaints; technical assistance; ability to satisfy obligations; level of customer service staff; staff availability; staff professionalism; staff experience; prompt and effective correction of situations and conditions; timeliness and completeness of submission of requested documentation (such as records, receipts, invoices, insurance certificates, and computer-generated reports).

Failure to Perform. If the Contractor fails to perform according to the Contract, the City will notify the Contractor. If there is a continued lack of performance after notification, the City may declare the Contractor in default and may pursue any appropriate remedies available under the Contract and/or any applicable law. In the event of a notification of default, the City will invoice the defaulting contractor for any increase in costs and other damages sustained by the City. Further, the City will seek full recovery from the defaulting Contractor.

PROHIBITION AGAINST FINANCIAL INTEREST IN AGREEMENT. No elected official or employee of the City shall have a financial interest, direct or indirect, in the Contract, including through any financial interest held by the spouse, child, or parent. Any willful violation of this provision, with the expressed or implied knowledge of the Contractor, will render this Contract voidable by the City and shall entitle the City to recover, in addition to any other rights and remedies available to the City, all monies paid by the City to the Contractor pursuant to this Contract without regard to the Contractor's satisfactory performance.

PROHIBITION ON POLITICAL ACTIVITY. None of the funds, materials, property, or services provided directly or indirectly under the terms of this Contract shall be used in the performance of this Contract for any partisan political activity, or to further the election or defeat of any candidate for public office.

REMEDIES CUMULATIVE. No remedy set forth in the Contract or otherwise conferred upon or reserved to any party shall be considered exclusive of any other remedy available to a party. Rather, each remedy shall be deemed distinct, separate and cumulative and each may be exercised from time to time as often as the occasion may arise or as may be deemed expedient.

SEVERABILITY. If a court of competent jurisdiction finds any provision of the Contract to be unenforceable as written, the unenforceable provision should be reformed, if possible, so that it is enforceable to the maximum extent permitted by law, or, if reformation is not possible, the unenforceable provision will be fully severable and the remaining provisions of the Contract will remain in full force and effect and will be construed and enforced as if the unenforceable provision was never a part the Contract.

SUBCONTRACTOR REPORTING. The Contractor will provide a list of all natural or artificial persons who are retained by the Contractor at the time of the Contract's execution and who are expected to perform work as subcontractors in connection with the Contractor's work for the City. For any subcontractor proposed to be retained by the Contractor to perform work on the Contract with the City, the Contractor must provide notice to the City within thirty (30) days of retaining that subcontractor. If the Contractor fails to submit the required lists and notices, the City may, after thirty (30) days' written notice to the Contractor, take any action it deems necessary, including, without limitation, causing the suspension of any payments, until the required lists and notices are submitted.

SURVIVAL. All representations and warranties and all obligations concerning record retention, inspections, audits, ownership, indemnification, payment, remedies, jurisdiction, venue, choice of law, and warranties shall survive the expiration, suspension, or termination of the Contract and continue in full force and effect.

SUSPENSION. The City may suspend this Contract at any time and for any reason by giving two (2) business day's written notice to the Contractor. The Contractor will resume work upon five (5) business day's written notice from the City.

TERMINATION FOR CAUSE. The City may terminate this Agreement immediately for cause by sending written notice to the Contractor. "Cause" includes without limitation any failure to perform any obligation or abide by any condition of this Agreement or the failure of any representation or warranty in this Agreement, including without limitation any failure to comply with the requirements of the City's Disadvantaged Business Enterprise program and any failure to comply with any provision of City Code 2-1120 or requests of the Office of Inspector General. If a termination for cause is subsequently challenged in a court of law and the challenging party prevails, the termination will be deemed to be a termination for convenience effective thirty (30) days from the date of the original written notice of termination for cause was sent to the challenging party; no further notice will be required.

TERMINATION FOR CONVENIENCE. The City may terminate this Contract at any time during the term of the Contract by giving the Contractor written notice of the City's intention to terminate at least thirty (30) days before the date of termination.

TERMINATION FOR NON-APPROPRIATION. This Contract will terminate immediately in the event of non-appropriation of funds sufficient to maintain this Contract without the requirement of notice and the City will not be liable for any amounts beyond the funds appropriated and encumbered for this Contract.

TERMS BINDING. The terms and conditions of the Contract are binding on any heirs, successors, transferees, and assigns.

WAIVER OF SICK AND ANNUAL LEAVE BENEFITS. It is expressly agreed and understood between the parties entering into this Contract that the Contractor, acting as an independent agent, shall not receive any sick and annual leave benefits from the City of New Orleans.

WASTE DISPOSAL.

Applicability. This Article applies to any Agreement involving construction services, or for any Agreement for "Public Work" as defined by La. Rev. Stat. 38:2211(12).

Waste Disposal. Contractor shall dispose of trash, refuse, material, or hazardous liquid (collectively "Waste") generated through, or arising out of, the provision of services under this Agreement, in accordance with applicable federal, state, and local laws, including, without limitation, City Code sections 54-154, et seq. and City Code sections 66-281, et seq. The costs related to collection, storage, handling, transportation, movement, disposal, and release of Waste are solely the Contractor's responsibility. The Contractor shall utilize their best efforts to minimize generation of Waste by recycling, reusing, or salvaging materials whenever possible.

Maintenance of Public Drainage Systems. The Contractor shall not dispose of Waste using the City's public drainage system, which includes, but is not limited to catch basins and drainage canals. The Contractor shall ensure there are no obstructions to the City's public drainage system prior to and during the performance of services under this Agreement. The Contractor guarantees that the public drainage system near the work site will be clean and free of obstructions upon the termination of this Agreement.

Site Plan. Contractor shall provide the Department responsible for administration of this Agreement with a site plan for Waste disposal. The site plan must include the following: anticipated types of waste, identification of required permits, disposal locations, frequency of disposal, and the anticipated time to clean the site. Contractor must notify the City within five business days of any material changes to the site plan and include the justification for any changes.

Costs. The Contractor shall be solely responsible for any costs and expenses related to compliance with this Article. No change order or amendment shall be permitted to increase compensation by the City for any foreseeable costs related to Waste disposal or removing obstructions from the City's public drainage system.

City's Remedies for Breach. If Contractor fails to comply with this Article upon termination of the Agreement, the City shall have the right to select a vendor to perform any necessary cleanup and Waste disposal, and the Contractor shall be liable for any such costs of cleanup, and statutorily authorized penalties of $5,000.00 per violation of City Code sections 54-154, et seq. or City Code sections 66-281, et seq.

No Limitation of Liability. The remedies available to City under this Article shall be in addition to any other rights and remedies available to the City. Nothing in this Article shall be interpreted to limit the remedies available to the City.

END OF GENERAL TERMS AND CONDITIONS

CITY OF NEW ORLEANS

LABOR PROVISIONS

Article 1 - General

The City of New Orleans requires the payment of prevailing wage rates, as determined by the U.S. Department of Labor, to all workers on all construction projects in excess of $25,000. All general contractors and subcontractors must submit weekly Certified Payroll Reports on the wages paid to their employees. Reports must be prepared electronically through the use of an online program available at .

The LCPtracker system is a paperless online system of entering certified payrolls, as opposed to the previous method of submitting paper Prevailing Wage Rate forms, Affidavits of Prime Contractor, Subcontractor, Statements of Compliance, and Weekly Payroll Spreadsheets. Contractors and subcontractors will now enter all payrolls and related information directly into the online system. All project-specific wage rates and classifications will be indicated in the system, and the contractor and subcontractors will choose specific rates and jobs from a menu. If an employee's classification is not indicated on the wage determination, the contractor and subcontractors must submit a Request for Additional Classification to the Labor Compliance Analyst assigned to the project.

Article 2 - Instructions for Preparing Payroll Reports

2.1 Trades - Classes of laborers or mechanics that are not listed should be requested and classified in conformance with the wage determination. See articles below for apprentice, trainee, helper, foreman and superintendent.

Apprentices - Individuals may be employed as apprentices on a prevailing wage project provided they meet one of the following definitions:

A person is employed and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or State Apprenticeship Agency recognized by the Bureau, or;

A person in the first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified to be eligible for probationary employment as an apprentice.

Trainees - Individuals employed as trainees must be persons registered in a construction occupation under a program which has been approved in advance by the U.S. Department of Labor, Employment and Training Administration, as meeting its standards for on-the-job training programs, and which have been so certified by that Administration.

Helper - This classification may be issued in or added to a wage determination only where (a) the duties of the helpers are clearly defined and distinct from those of the journeyman classification and from the laborer, (b) the use of such helpers is an established prevailing practice in the area, and (c) the term "helper" is not synonymous with "trainee" in an informal training program.

Apprentices and Trainees - Information on wage rates to be paid apprentices and trainees is not reflected in the wage determination. Similarly, their addition through the additional classification procedure (conformance) is neither necessary nor appropriate. The proper wage rates to be paid to apprentices and trainees are those specified by the particular programs in which they are enrolled, expressed as a percentage of the journeyman rate on the wage determination. In the event employees reported as apprentices or trainees on a covered project have not been properly registered within the meaning of the regulations and contract stipulations, or are utilized at the site in excess of the ratio to journeymen permitted under the approved program, they must be paid the applicable wage rates for laborers and mechanics employed on the project performing in the classification of work they actually performed. This applies regardless of work classifications, which may be listed on the submitted payrolls, and regardless of their level of skill.

Foremen and Superintendents - The wage rates for bona fide supervisory employees are not regulated under the prevailing wage because their duties are primarily administrative or executive in nature rather than those of laborers or mechanics. However, such employees who devote more than 20 percent of their time during a workweek to mechanic or laborer duties are laborers and mechanics for the time so spent, and must be paid at least the appropriate wage rates specified in the wage determination

Article 3 - LCPtracker Submittal Requirements

3.1 The contractor will need a computer and an internet connection. There are public computers available at the City's public libraries for those contractors who may not have a computer and internet connection available.

Training is available through the LCPtracker website in the form of downloadable instruction manuals, as well as free online training seminars that are offered every Tuesday at 11:00 am, and Thursday at 9:30 am and 1:00 pm. A City of New Orleans Labor Compliance Analyst is also available to assist the contractor and subcontractors in setting up passwords in order to log in to the system. Contact information is as follows:

Office of Community Development, Labor Compliance Unit -

1340 Poydras Street, Suite 1000 - New Orleans, LA 70112 (504) 658-4200

Please note that the contractor must first register with the Labor Compliance Analyst assigned to the project to set up an account and receive a password in order to begin using the system. Bidders are advised that all contractors and subcontractors must submit their payroll reports through LCPtracker. Paper copies will not be accepted.

Article 4 - Wage Determination

4.1 The wage determination applicable to the project shall be the one that is in effect as of ten (10) days before the bid opening date. For construction activity performed under a maintenance or service contract, the wage determination shall be the one that is in effect at the start of any amendment that extends the term of the contract, or any applicable update or modification published thereafter. Current effective wage determinations may be obtained from the Labor Compliance Unit.

END OF LABOR PROVISIONS

CITY OF NEW ORLEANS

TAX CLEARANCE AUTHORIZATION

According to Section 2-8 of the Code of the City of New Orleans, the City cannot enter into or make payments under a contract, grant or cooperative endeavor agreement with any person, corporation, or entity delinquent in City taxes. This form supplies the needed tax clearance. This clearance is issued without prejudice to any tax liabilities discovered by audit.

Please refer to the instructions on the back of this form

BUSINESS NAME: OWNER'S NAME:

TYPE OF BUSINESS:

BUSINESS ADDRESS:

MAILING ADDRESS:

CONTACT TELEPHONE:

FAX NUMBER:

E-MAIL ADDRESS:

PRINT NAME: TITLE:

AUTHORIZED SIGNATURE: DATE SIGNED:

I certify that I have the authority to execute this form with respect to the tax matters covered and that the above is true and correct. The City of New Orleans is authorized to inspect and/or receive confidential tax information.

CITY OF NEW ORLEANS

TAX CLEARANCE AUTHORIZATION

INSTRUCTIONS

This form authorizes the City of New Orleans to inspect and/or receive your confidential tax information. This Tax Clearance Authorization will not be honored for any purpose other than contracting with the City of New Orleans.

It is recommended that all outstanding tax and business registration be completed prior to processing the form to expedite contract execution.

Complete this form by providing all of the information requested. Failure to fill in ALL information requested will delay processing.

Sign and date the authorization form and submit to the Department with whom you are contracting. If the form is not signed and dated, the form will not be processed.

The following requirements must be met in order for a Tax Clearance Authorization form to be approved by the City of New Orleans.

Real Estate/Personal Property Tax

Businesses are required to be current in payment of all Real Estate Tax and Personal Property Tax.

A business can visit the City of New Orleans' website, at the Bureau of Treasury webpage to pay outstanding Real Estate and Personal Property taxes due.

A business can mail outstanding tax payments to City of New Orleans, Bureau of the Treasury 1300 Perdido St., Room 1W38, New Orleans, La. 70112.

Sales Tax/Occupational License

Businesses located within Orleans Parish are required to obtain an annual Occupational License. A City of New Orleans Sales Tax number will also be issued at the same time.

If the business is domiciled outside of Orleans Parish, a registration is required to be completed to obtain a Certificate of Registration and a City of New Orleans Sales Tax number.

If a business is not registered, a New Business Application must be completed.

Non-profit organizations must comply with the Occupational License requirements by completing a New Business Application.

Once exempt status is confirmed for the non-profit organization, the organization is exempt from Occupational License fees. Please be prepared to provide 501(c) documentation and/or Louisiana Secretary of State Status.

All applications can be found on the City of New Orleans' website, at the One Stop Shop webpage.

Any questions may be forwarded to the One Stop Shop at (504)658-7100.

.

CITY OF NEW ORLEANS

Bidder Attestations

For Public Works Solicitations

City solicitation no. for

The bidding entity, , attests that no individual partner, incorporator, director, manager, officer, organizer, or member, who has a minimum of a ten percent ownership in the bidding entity, has been convicted of, or has entered a plea of guilty or nolo contendere to any of the following crimes or the equivalent federal crimes after July 2, 2010.

Attest (signature):

(date)

Name and title (print):

Authorized Representative for Bidding Entity (print):

Sworn to and subscribed before me, _______________, Notary Public, this _____day of ______, 20___.

_______________________

Notary Public (signature)

Notary ID#/Bar Roll #

** THIS FORM MUST BE COMPLETED AND SUBMITTED WITH POST-BID DOCUMENTS **

CITY OF NEW ORLEANS

DBE PROGRAM INFORMATION

I - DBE PROGRAM COMPLIANCE

The requirements of the City of New Orleans ("City") Disadvantaged Business Enterprise ("DBE") Program apply to this Agreement. It is the policy of the City to practice nondiscrimination based on social and economic disadvantage, race, color, gender, disability and national origin in the award and performance of contracts.

In consideration of this policy and pursuant to Division 2 of Article IV of Chapter 70 of the Code of the City, the City enacted the DBE Program for all City contracts.

Contractor agree to use its best efforts to fully and completely carry out the applicable requirements of the City's DBE Program in the award and administration of this Agreement, including without limitation, all reporting requirements and established DBE participation percentage. The Contractor's failure to carry out these requirements, as determined in good faith by the City's Office of Supplier Diversity ("OSD"), shall be deemed a material breach of this Agreement. This material breach may result in the termination of this Agreement and/or the pursuit of any other remedies available to the City under any applicable law, ordinance, or rule, including, but not limited to those set forth in the City's Policy Memorandum for the DBE Program

II - DBE CONTRACT GOAL

The requested DBE Contract Goal is listed in the contract section of the invitation to bid.

NOTE: All non-public works contracts have a default goal of 35% DBE participation.

Participation shall be counted toward meeting the contract goal based on the following:

Only business entities certified as SLDBE or LAUCP-DBE are counted toward the contract DBE participation goal.

The Bidder/Proposer may count only the total dollar value of the subcontract awarded to certified DBE subcontractor/supplier(s) toward the contract goal.

A Bidder/Proposer can count 100 % of the DBE's participation provided that the DBE has committed to performing at least 51% of the work with its own forces.

Bidder/Proposer may count 100 % of DBE Manufacturer Supplier's participation and 60 % of DBE Non-Manufacturer supplier's participation toward its contract goal.

When the Bidder/Proposer is in a joint venture with one or more DBE business entities, the OSD, after reviewing the joint venture agreement, shall determine the percent of participation that will be counted toward the contract goal.

Bidder/Proposer may count toward its contract goal only those DBE subcontractors/suppliers performing a Commercially Usefully Function.

"DBE Commercially Useful Function means" a discrete task or group of tasks, the responsibility for performance of which shall be discharged by the DBE firm by using its own forces or by actively supervising on-site the execution of the tasks by another entity for whose work the DBE firm is responsible. In determining whether a certified firm is performing a commercially useful function, factors including, but not limited to, the following shall be considered:

Whether the business entity has the skill and expertise to perform the work for which it is being utilized and possesses all necessary licenses;

Whether the firm is in the business of performing, managing, or supervising the work for which it has been certified and is being utilized;

Whether the DBE subcontractor is performing a real and actual service that is a distinct and verifiable element of the work called for in a contract.

Whether the DBE subcontractor performed at least thirty percent (30%) of the cost of the subcontract (including the cost of materials, equipment or supplies incident to the performance of the subcontract) with their own forces.

III - DBE DIRECTORY

Contractors may only utilize certified SLDBE and/or Louisiana Unified Certification Program (LAUCP) DBE firms from the following lists to meet the City's DBE Program goals.

Contractors agree to utilize the City's SLDBE directory of certified firms as a first source when searching for certified DBE business entities. The SLDBE directory includes entities certified through Sewerage and Water Board of New Orleans, New Orleans Aviation Board and Harrah's New Orleans. The SLDBE directory is available at .

The Louisiana Unified Certification Program ("LA UCP") directory is available at .

Information on locating these directories may also be requested from the OSD at .

IV - GOOD FAITH EFFORT POLICY

In accordance with Sec.70-461 of the City Code, the City shall reject any bid and shall not award, enter into or amend any contract that is not supported by documentation establishing that the Bidder/Proposer has met the applicable contract DBE participation Goal or made Good Faith Efforts to the applicable contract DBE participation goal.

Good Faith Efforts are steps taken to achieve a contract DBE participation goal or other requirements which, by their scope, intensity and usefulness demonstrate the Bidder's or Proposer's responsiveness to fulfilling the City's DBE Program goals prior to the award of a contract, as well as the Contractor's responsibility to put forth measures to meet or exceed the contract DBE participation goal throughout the duration of the contract.

The OSD shall be responsible for determining whether a Bidder/Proposer has made their best efforts to achieve the DBE Program contracting objectives. In making this determination, the DBE Compliance Officer shall consider the following factors:

A. SPECIFIC PORTIONS OF WORK IDENTIFIED FOR DBE SUBCONTRACTOR:

i. Bidder/Proposer listed all selected scopes or portions of work to be performed by DBEs in order to increase the likelihood of meeting the contract goal for the project

ii. Bidder/Proposer listed the estimated value of each scope or portions of work identified.

B. NOTIFYING CERTIFIED DBEs OF CONTRACTING OPPORTUNITIES:

i. Bidder/Proposer contacted the OSD to request submission of subcontracting opportunities on the DBE Opportunities page.

ii. Bidder/Proposer included a copy of each announcement or notification.

C. INITIAL SOLICITATION & FOLLOW-UP:

i. Bidder/Proposer listed all certified DBE firms that received written notification of work items to be subcontracted and documented the certified firm's response.

ii. Bidder/Proposer included copies of the written notice(s) sent to certified firms.

D. NEGOTIATE IN GOOD FAITH:

i. Bidder/Proposer provided an explanation for any rejected DBE bid or price quotation.

ii. Bidder/Proposer included a copy of the written rejection notice including the reason for rejection to the rejected DBE firm.

If a Bidder/Proposer fails to submit documented Good Faith Efforts as outlined, the bid shall be considered non-responsive.

The OSD may take into account the performance of other Bidders/Proposers in meeting the contract DBE participation goal and may, if deemed advisable, request further information, explanation or justification from any Bidder/Proposer. For example, Bidder's past performance on similar contracts with similar scopes and/or a Proposer's prior history utilizing DBEs will also be taken in consideration when determining Good Faith Efforts.

Good Faith Efforts shall be monitored throughout the life of the contract and evaluated on a case-by-case basis in making a determination whether a Bidder or Proposer is in compliance with the Good Faith Effort policy.

To obtain a copy of the Good Faith Effort Policy contact OSD at .

V - REQUIRED DBE FORMS for BIDs/RFPs/RFQs

BIDs:

In accordance with Louisiana Public Bid Law, the two apparent lowest bidders on an invitation to bid shall complete and submit all required post bid documents within three (3) business days of the bid opening. If the required post bid documents are not received within three (3) business days of the bid opening it shall be determined that bidder was non-responsive.

The following DBE documents must be received within three (3) business days of the bid opening:

DBE Compliance Form-1: This form is used to establish your DBE commitment on a City of New Orleans bid, RFP or solicitation response. The Bidder shall provide a list of all proposed DBE subcontractor(s).

If the Bidder has attained the amount of DBE participation to meet the contract goal, only submit DBE Compliance Form-1.

DBE Compliance Form-2: This form is used to document Good Faith Efforts when the amount of DBE participation committed on DBE Compliance Form-1 is less than the Contract Goal. The Bidder shall provide all required supporting documentation of demonstrated Good Faith Efforts as specified on DBE Compliance Form-2.

After receipt and review of the required post-bid documents, the OSD will determine if the Bidder has provided valid DBE Compliance Forms and (if applicable) evidence of demonstrated Good Faith Efforts.

Thereafter, the Bidder/Contractor shall be bound by the established percentage, as approved by the OSD.

Request for Proposals ("RFP") / Request for Qualifications ("RFQs"):

To ensure the full participation of DBE's in all phases of the City's procurement activities, all Proposers at time of proposal submission shall complete and submit a DBE Participation Plan.

DBE Participation Plan (Attachment "C"): A completed DBE Participation Plan shall be considered a methodology on how the Proposer plans to meet the contract DBE participation goal if awarded the project.

If a DBE Participation Plan (Attachment "C") is not submitted, it shall be determined that the Respondent was non-responsive to the DBE provisions and the proposal will not be evaluated by the selection committee.

Within ten (10) days of the City's issuance of the Notice to Award letter, the selected Proposer shall complete and submit a DBE Compliance Form-1: This form is used to establish your DBE commitment on a City Bid, RFP or solicitation response. The selected Proposer shall provide a list of all proposed DBE subcontractor(s).

If the amount of DBE participation committed on DBE Compliance Form-1 is less than the Contract Goal, the selected Proposer shall complete DBE Compliance Form-2: This form is used to document Good Faith Efforts when the amount of DBE participation committed on DBE Compliance Form-1 is less than the contract DBE participation goal. The selected proposer shall provide all required supporting documentation of demonstrated Good Faith Efforts as specified on DBE Compliance Form-2.

The OSD shall review the contents of all required DBE Compliance Forms and may, if deemed advisable, request further information, explanation or justification from any Bidder/Respondent. Thereafter, the Contractor shall be bound by the established percentage, as approved by the OSD.

VI - CONTRACTOR COOPERATION

The Contractor shall:

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 subcontractors/suppliers ("DBE Entities").

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

The Contractor shall provide the DBE Compliance Officer ("DBECO") with copies of said contracts within thirty (30) days from the date the Agreement is fully executed between the City and the Contractor.

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

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

Copies of written contracts with DBE Entities and purchase orders;

Documentation of payments and other transactions with DBE Entities;

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;

Any other records required by the OSD.

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

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.

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.

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

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

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.

Conform to the established percentage as approved by the OSD.

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

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

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

VII - POST-AWARD MODIFICATION

The OSD may grant a post-award modification request if:

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 Agreement will also apply to the substitution of DBE subcontractors during the performance of the Agreement; or

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 Agreement.

VIII - MONITORING DBE PARTICIPATION

To ensure compliance with DBE requirements during the term of the Agreement, the DBECO will monitor the Contractor' use of DBE subcontractors/suppliers ("DBE Entities") through the following actions:

Job site visits;

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

Routine audits of contract payments to all subcontractors;

Reviewing of records and reports; and/or

Interviews of selected personnel.

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

IX - FAILURE TO COMPLY

If the DBECO determines in good faith that the Contractor failed to carry out the requirements of the DBE Program, such failure shall be deemed a material breach of this Agreement. This material breach may result in the termination of the Agreement and/or the pursuit of any other remedies available to the City under any applicable law, ordinance, or rule, including, but not limited to those set forth in the City's Policy Memorandum for the DBE Program.

All DBE Compliance forms are maintained by the OSD and are subject to change.

Please contact the OSD at to request a copy of all DBE referenced documents.

CITY OF NEW ORLEANS

AFFIDAVIT OF COMPLIANCE WITH CITY'S HIRING REQUIREMENTS

STATE OF _______________________

PARISH OF _______________________

Before me, the undersigned authority, came and appeared _______________________, who, after being duly sworn, deposed and said that:

1. He/She is the _______________________ (title) and authorized representative of _______________________ (entity), the "Bidder."

2. The Bidder submits the attached proposal in response to City of New Orleans Invitation to Bid #_________________.

3. The Bidder hereby confirms that _______________________ (entity) is

compliant with the City of New Orleans' hiring requirements contained in City Code Sections 2-8(d) and 2-13(a)-(f), unless otherwise excluded by city, state, or federal laws or regulations.

unable to comply with the City of New Orleans' hiring requirements contained in City Code Sections 2-8(d) and 2-13(a)-(f) for the following reasons:

__________________________________________________________________

__________________________________________________________________

_________________________________________________________________.

__________________________________________

Bidder Representative (Signature)

__________________________________________

(Print or type name) (Address)

Sworn to and subscribed before me, _______________, Notary Public, this _____day of ______, 20___.

____________________________________

Notary Public (signature)

____________________________________

Notary Public (print)

Notary ID#/Bar Roll # _________________

GUIDANCE FOR BIDDERS

THE FOLLOWING DOCUMENTS ARE SOLELY PROVIDED TO AID BIDDERS IN COMPILING THEIR RESPONSE

(The following documents do not need to be submitted with the bid submission.)

INVITATION TO BID

CITY OF NEW ORLEANS

BIDDER'S CHECKLIST

Public Works

The Bureau of Purchasing developed the following checklists to aid prospective bidders in properly completing and submitting their response to an Invitation to Bid (ITB).

FOR BID DEADLINE

The responding bidder must include the forms in the table below within their submission to be responsive to the solicitation. Only responsive submissions will be considered for award.

All the required forms/documents within the checklist can be found within the solicitation itself, which can be located/accessed under the attachment's tab/section, of the solicitation, on the BRASS Supplier Portal.

Be sure to review the Invitation to Bid in its entirety, as well as any addendums that have been posted.

All addendums must be acknowledged for the submission to be considered responsive to the solicitation. (Note: Addendums may be posted up until the bid opening deadline.)

Please use the checklist below to aid in verifying that all of the required forms/documents have been submitted.

Did you complete and submit the following forms/documents?

If Submitting a Bid Online:

Bidders must be registered on the BRASS Supplier Portal to respond to an Event via the BRASS Supplier Portal.

With regards to the Corporate Resolutions - the bidder shall submit a corporate resolution or written evidence of the authority of the person signing the bid package

As it relates to Bid Bonds - a copy of a Surety paper bid bond needs to be uploaded.

All addendums must be acknowledged.

If Submitting a Paper Bid via a Sealed Envelope:

As it relates to Bid Bonds - the City will accept a cashier's check, certified check or satisfactory bid bond payable to the City.

With regards to Corporate Resolutions - the bidder shall submit a corporate resolution or written evidence of the authority of the person signing the bid package

All addendums must be acknowledged.

INVITATION TO BID

CITY OF NEW ORLEANS

BIDDER'S CHECKLIST (CONTINUED)

Public Works

FOR POST-BID DEADLINE

The two (2) lowest bidders must submit the forms/documents in the table below within three (3) business days of the Bid deadline to be responsive to the solicitation. Only responsive submissions will be considered for award.

Please use the checklist below to aid in verifying that all of the required forms/documents have been submitted.

Did you complete and submit the following forms/documents?

Post bid documents can be emailed to the Designated Purchasing Official assigned to the event or dropped off to the office located at 1300 Perdido Street, Suite 4W07, NOLA 70112.

Bidder's Attestation - the form provided within the solicitation must be NOTARIZED.

Section 3 Compliance (if applicable) - this is for HUD funded projects only.

[END OF BIDDER'S CHECKLIST]

END OF DOCUMENT