As-Needed Trees & Plants| ITB - PR-26-772| Template v2025.02.12 | 1

City of

Long Beach Invitation To Bid ITB - PR-26-772

As-Needed Trees & Plants v2025.02.12 | 2

Overview

Summary

The City of Long Beach Parks, Recreation and

Marine Department (PRM) is seeking a vendor to supply trees, shrubs, ground cover, and other related materials to purchase on an as-needed basis.

Key Dates

Release Date: August 6, 2026

Questions Due to the City: 11:00 AM (PST), August

20, 2026

Bids Due: 11:00 AM (PST), September 17, 2026

The City reserves the right to modify these dates at any time, with appropriate notice to prospective

Bidders.

How to Bid

Instructions for what to include in your bid and how to submit it are detailed in Section 2.

Bids must be submitted electronically via https://longbeachbuys.buyspeed.com/bso/

Official Contact

William Reyes purchasingbids@longbeach.gov

All communication with the City related to this ITB must be directed to the contact listed above.

https://longbeachbuys.buyspeed.com/bso/ mailto:purchasingbids@longbeach.gov v2025.02.12 | 3

Contents

1 The Opportunity

1.1 Overview & Goals

1.2 Award Terms

1.3 Contract Management

2 Bid Instructions & Content

2.1 Bid Timelines & Instructions

2.2 Bid Content

Attachment A: Bid Authorization

Attachment B: References

Attachment C: Vendor Information

3 Terms & Conditions

As-Needed Trees & Plants| ITB - PR-26-772| Template v2025.02.12 | 4

1 The Opportunity

1.1 Overview & Goals

The City of Long Beach Parks, Recreation and Marine Department (PRM) is seeking a vendor to supply trees, shrubs, ground cover, and other related materials to purchase on an as-needed basis. Supplier shall maintain a sufficient stock of the trees, shrubs and other related materials, and be able to supply various quantities as specified throughout the year.

Plants should be of a wide variety of Mediterranean, cacti, native and drought tolerant plants with the ability to purchase other materials including annual bedding plants and ornamental grasses if needed. The City reserves the right to return plants, without charge, for fair or poor quality.

Delivery shall be made to the City of Long Beach no later than 24 hours from the time the order is placed. Locations to be determined.

The nursery or growing grounds should be within an eleven-mile radius of the maintenance yard so if City staff needs materials in a specific specie, size and quality, they are close enough to inspect and ensure it meets the standards and requirements of the desired material needed.

1.2 Award Terms

This contract will be for a period of two years with the option to renew for three additional one-year periods. The total contract term will not exceed five years.

1.3 Contract Management

Contract Payment: The City of Long Beach issues payment based upon services rendered.

After a contract is finalized and work is performed, the Awarded Contractor shall invoice the City. The City will remit payment within 30 calendar days of being billed.

As-Needed Trees & Plants| ITB - PR-26-772| Template v2025.02.12 | 5

2 Bid Instructions & Content

2.1 Bid Timelines & Instructions

MILESTONE

TIME

(PACIFIC) &

DATE LOCATION / ADDITIONAL INFORMATION

Release date August 6,

• It is recommended that bidders visit the City’s bidding portal on a regular basis for any addenda:

https://longbeachbuys.buyspeed.com/bso/

Questions due to the

City

11:00 AM

(PST),

August 20,

• Submit all inquiries via email to purchasingbids@longbeach.gov. Include the bid number and official contact name in the subject line of the email message.

Posting of the Q&A September

3, 2026

• Responses to the questions will be posted on https://longbeachbuys.buyspeed.com/bso/

Bids due 11:00AM

(PST),

September

17, 2026

• Bids should be submitted electronically via the https://longbeachbuys.buyspeed.com/bso/

• All required sections of the bid must be submitted via this portal.

• Bids are sealed and cannot be viewed by the

City until the closing date and time. If you need to withdraw your bid, you may do so any time before the bid deadline, by going back into the system and selecting “withdraw”.

• Late bids, or bids submitted through other channels will not be accepted.

• Bidders are responsible for submitting their

Bids completely and on time.

o Bidders will receive an e-bid confirmation number with a time stamp from LongBeachBuys.com indicating that the bid was submitted successfully. The

City will only receive bids that were transmitted successfully.

o For technical support, email or cal the

City during normal business hours at https://longbeachbuys.buyspeed.com/bso/ mailto:purchasingbids@longbeach.gov

As-Needed Trees & Plants| ITB - PR-26-772| Template v2025.02.12 | 6

LBPurchasing@longbeach.gov or (562)

570-6200

Bid Opening &

Contractor Selection

September

- October

• Bids are awarded to the lowest responsible and responsive bidder meeting the City’s specifications.

• Bids results are opened and posted publicly on the City’s online system as soon as they have been reviewed for responsiveness.

• Bid results will not be given out via telephone, email, or facsimile.

Contract Execution October -

December

(estimated)

• Upon award, the Awarded Contractor must submit originals with wet signatures of all attachments listed in Section 2.2. Documents must be mailed to:

CITY OF LONG BEACH

CITY CLERK – ATTN: William Reyes

411 W OCEAN BLVD/LOBBY LEVEL

LONG BEACH CA 90802

• A contract is not in effect until the City Manager or Designee makes an award and contract documents (including insurance and bonds) are signed, submitted and approved.

2.2 Bid Content

Complete bids will include the following. We encourage you to use this table as a checklist to ensure all components are included in your bid.

DOCUMENT CHECKLIST

☐ Bid: Pricing shall be submitted electronically on the Line Items tab of Long Beach

Buys.

• If bids on certain items are labeled “optional”, indicate “no bid”.

Mandatory Attachments: The following are posted with the bid documents on

LongBeachBuys. They should be completed and uploaded as Attachments to your bid. All signatures should be by the individual legally authorized to bind the Bidder. Upon award, the Awarded Contractor must submit originals of each of the following with wet signatures.

☐ A. Supplemental Bid Information & Authorization and Acknowledgment form (if out-of-state bidders, notarized)

☐ B. References mailto:LBPurchasing@longbeach.gov

As-Needed Trees & Plants| ITB - PR-26-772| Template v2025.02.12 | 7

☐ C. Vendor Information

☐ D. Debarment

☐ E. Equal Benefits Ordinance (EBO) Form

Attachments Which May Be Submitted Upon Award: Upon award, Awarded

Contractors will be required to submit the following. We encourage you to take note of these requirements, and where possible include available information as part of your bid to expedite processing.

☐ W-9

☐ Business License

☐ Proof of Registration with the California Secretary of State

☐ Certificate of Insurance

LongBeachBuys Contact Information: The City of Long Beach is committed to providing maximum opportunities for Disadvantaged, Minority, Women and Long Beach

Business Enterprises (DBEs, MBEs, WBEs and Local) to compete successfully in supplying our needs for products and services. Ensure your organization’s LongBeachBuys profile is up to date, including an email address, phone number, and with any socioeconomic classifications you may qualify for.

As-Needed Trees & Plants| ITB - PR-26-772| Template v2025.02.12 | 8

Attachment A: Bid Authorization

SIGNATURE PAGE

Organization

Company Name

Company Address

Website

Federal Tax ID #

i. I am authorized by the bidder to submit this Invitation to Bid. NOTE: FAILURE TO COMPLY MAY RESULT IN

DISQUALIFICATION OF YOUR BID. ALL SIGNATURES MUST BE NOTARIZED IF THE ENTITY IS LOCATED OUTSIDE THE STATE

OF CALIFORNIA (see acknowledgment page).

a. INDIVIDUAL (Doing Business As): The only acceptable signature is the owner of the company. (Only one signature is required.)

b. PARTNERSHIP: The only acceptable signature(s) is/are that of the general partner or partners.

c. CORPORATION: Two (2) officers of the corporation must sign; OR the signature of one officer or the signature a of person other than an officer is acceptable if the Bid is accompanied by a certified corporate resolution granting express authority to said person to execute contracts on behalf of the corporation.

d. LIMITED LIABILITY COMPANY: The signature on the bid must be a member or, if the Articles provide for a manager, must be the manager. (Only one signature is required.)

ii. Under penalty of perjury that this bid is genuine and not a sham or collusive, or made in the interest or on behalf of any person or entity not herein named; that the Bidder has not directly or indirectly induced or solicited any other Bidder to submit a sham bid, or any other person or entity to refrain from bidding, and that the Bidder has not in any manner sought by collusion to secure to himself any advantage over other Bidders.

iii. No City employee whose position in the City enables him/her to influence the award of the Contract or any competing

Contract, and no spouse or economic dependent of such employee is or shall be employed in any capacity by the Bidder herein, or does or shall have any direct or indirect financial interest in a potential resulting Contract.

iv. Inter-Agency Participation

If other agencies express an interest in participating in this bid, would you supply the same items?

Yes No

(If yes, any agency electing to participate in this Bid will order its own requirements without regard to the City of Long

Beach. The City of Long Beach assumes no liability or payment guarantee on any units sold to participating agencies.)

v. I have read and agree to the City of Long Beach Vendor Code of Conduct.

Authorized Representative Signature Date

Title Email Address Phone #

Authorized Representative Signature Date

Title Email Address Phone #

CITY OF LONG BEACH AUTHORIZATION

IN WITNESS WHEREOF the City of Long Beach has caused this contract to be executed as required by law as of the date stated below.

Director of Financial Management Signature Date

CITY OF LONG BEACH APPROVAL AS TO FORM

Deputy City Attorney Signature Date https://www.longbeach.gov/globalassets/city-manager/media-library/documents/ethics-commission/resources/vendor-code-of-conduct-2023

As-Needed Trees & Plants| ITB - PR-26-772| Template v2025.02.12 | 9

ACKNOWLEDGMENT

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California County of _________________________________)

On __________________________ before me, ____________________________________

(insert name and title of the officer) personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature _________________________ (Seal)

OPTIONAL

Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER

TITLE OR TYPE OF DOCUMENT

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT NUMBER OF PAGES

TRUSTEE(S)

GUARDIAN/CONSERVATOR

OTHER:

DATE OF DOCUMENT

As-Needed Trees & Plants| ITB - PR-26-772| Template v2025.02.12 | 10

Attachment B: References

REFERENCES

Reference 1

Company

Project Manager

Phone Number

Project Description

Project Start and

End Dates

Reference 2

Company

Project Manager

Phone Number

Project Description

Reference 3 Company

Project Manager

Phone Number

Project Description

Reference 4 Company

Phone Number

Project Description

Reference 5 Company

Phone Number

Project Description

As-Needed Trees & Plants| ITB - PR-26-772| Template v2025.02.12 | 11

Attachment C: Vendor Information

Name of a person that will be the City’s contact for order placement, order problems or special needs, etc. (must have a person’s name).

Vendor Contract Information

Contact Name: _____________________________________________________________________________

Contact Direct Phone: ______________________________________________________________________

Contact Fax: ________________________________________________________________________________

Contact E-mail: _____________________________________________________________________________

Vendor’s Employees

Specify the number of current full-time employees residing in Long Beach: ________________

As-Needed Trees & Plants| ITB - PR-26-772| Template v2025.02.12 | 12

3 Terms & Conditions Solicitation Terms & Conditions

1. COMPLETE CONTRACT: This Invitation to Bid or any attachments thereto shall become the Contract upon its acceptance by the City Manager or designee on behalf of the City of Long Beach. Contractor will be provided with a copy of the executed

Contract. All materials or services provided by the Contractor shall comply with the

City Charter, and all applicable Federal, State and City Laws.

2. SERVICES TO BE PROVIDED BY THE CONTRACTOR: Contractor shall upon acceptance of this bid by the City, furnish the goods and services herein specified according to the terms and conditions set forth herein.

3. PRICES: Prices shall be in accordance with those extended to other governmental agencies. In case of error in extension of prices, unit price will govern. All prices must be firm for the Contract term unless the City specifically provides for adjustment.

Bidder shall quote his lowest price and best delivery date as no changes are permitted after the bid opening. Bidder may submit alternate prices or name a lump sum or discount conditional on two or more items being awarded to him. Cash discounts offered for payment within fourteen (14) days or less will not be considered when evaluating bids.

4. ADDITIONAL CHARGES: Prices quoted shall include all shipping, handling, unloading, pick-up, inside delivery charges to the location designated at time of order, which shall be within the City of Long Beach. Bidder shall not charge any fees or charges for restocking or service fees for incorrect items, defective items, minimum orders, deliveries, pick-ups, disposals, environmental fees, fuel surcharges, etc.

5. LOCAL PREFERENCE: In order to help support the success of businesses in Long

Beach, the City of Long Beach has a local preference provision.

In bids for materials, equipment, supplies and nonprofessional services, Long Beach-based businesses meeting the criteria set forth below may have their bid price reduced by ten percent solely for the purpose of determining the lowest responsible bid (if selected as the winning bid, you would be paid based upon your actual bid price, not the reduced price).

The maximum preference a bidder may be awarded pursuant to this Section and any other provision of law shall be ten percent (10%). However, in no case shall the

As-Needed Trees & Plants| ITB - PR-26-772| Template v2025.02.12 | 13 maximum preference cost under this Section exceed fifty thousand dollars

($50,000.00) for any bid.

Local preference may be applicable to this Invitation to Bid. The local preference does not apply to bids for all purchases funded in full or a fraction thereof by any tidelands fund, by any grant funds, nor by any funds received from the State of California. This section shall not apply to purchases made pursuant to Section 1801 and 1807 of the

City Charter and to bids for public works, as that term is defined in Section 1720(a) of the California Labor Code.

To qualify for the local preference, eligible bidders must attach copies of the following documents to their bid package:

1. A current, valid business license from the City of Long Beach showing a place of business within the city limits; and

2. A current, valid seller’s permit (also known as a sales tax permit) showing a place of business within the city limits.

6. MINIMUM ORDERS: No “minimum orders” will be permitted. Bids indicating a minimum order will be rejected.

7. BRAND NAMES AND SPECIFICATIONS: The detailed specifications and/or brand names stated are descriptive only and indicate quality, design and construction of items required. Whenever in the specifications any material or process is indicated or specified by patent or proprietary name and/or by name of manufacturer, such specifications shall be used for the purpose of facilitating descriptions of the material and/or process desired and shall be deemed to be followed by the words "or equivalent.”. The contractor may offer any material or process which shall be equal in every respect to that so indicated or specified, provided however, that if the material, process or article offered by the contractor is not, in the opinion of the City of Long Beach, equal in every respect to that specified, then the contractor must furnish the material, process or article specified or one that in the opinion of the City of Long Beach is the equal thereof in every respect. Offers will be considered to supply articles substantially the same as those described herein but with minor variations. Bidders must describe variations in the bid. Substitute items must be equal in quality, utility and performance. The phrase “or approved equal” throughout the specifications means that the City in its sole and absolute discretion shall make the final determination whether or not the substitute items are equal.

As-Needed Trees & Plants| ITB - PR-26-772| Template v2025.02.12 | 14

8. SAFETY APPROVAL: Where required by City Regulations, any items delivered must carry Underwriters Laboratories Approval or City of Long Beach City Safety Officer approval. Failure to so comply will be cause to reject bid. Also, any equipment must conform with the Safety Orders of the California Division of Industrial Safety and

OSHA regulations.

9. SAMPLES: Samples of items when requested or required must be furnished to the

City free of expense to the City and, if not destroyed by tests, will upon request be returned at Bidder’s expense.

10. CONDITIONS OF WORK: Bidder is responsible for carefully examining the Site to become fully informed regarding all existing and expected conditions and matters, which could affect performance, cost or time of the Work. Any visits to the Site prior to submittal of the bid, shall be at the expense of Bidder.

11. EXAMINATION OF BID: Bidder is responsible for examining the Invitation to Bid and submitting its bid complete and in conformance with these instructions.

12. DISCREPANCIES IN BID DOCUMENTS: If Bidder finds discrepancies in or omissions from the Invitation to Bid, if the intent of the Invitation is not clear, or if provisions of the Specifications restrict Bidder from bidding, he may request in writing that the deficiency(s) be modified. Such request should be submitted electronically via

LongBeachBuys.com at least five (5) working days before the bid opening date.

Bidders will be notified by Addendum of any approved changes in the Invitation to

Bid.

13. ORAL STATEMENTS: The City of Long Beach shall not be bound by oral statements made by any employee or agent concerning this Invitation to Bid. If Bidder requires specific information, Bidder must request it in writing and obtain a reply in writing from the City.

14. PREPARATION OF BID: The preparation of the bid, shall be at the expense of Bidder.

Bidder shall state brand name or make of each item bid. If not bidding on item as described, the manufacturer’s name and catalog number of the substitute must be given. Bidder shall also attach specifications and furnish other data to establish the suitability of the substitute. Bidder shall quote separately on each item.

15. DOCUMENTS REQUIRED TO COMPLETE TRANSACTION: Contractor shall submit samples of all documents that Contractor may require the City to execute to complete this transaction. By accepting these samples as part of the bid or by file:///C:/Users/reg095/Dropbox%20(HKS%20Gov%20Lab)/Procurement%20and%20Economic%20Mobility%20(PEM)/What%20Works%20Cities/City%20Materials/Long%20Beach/4.%20Deliverables/1.%20Efficiency%20&%20Operations/5.%20Forms/ITB%20Template/LongBeachBuys.com

As-Needed Trees & Plants| ITB - PR-26-772| Template v2025.02.12 | 15 awarding the Contract to a Contractor who has submitted said samples, the City does not agree to the terms stated in said samples. This Invitation to Bid and Contractor’s bid shall take priority over said samples and this Invitation and Contractor’s bid shall become the Contract between the City and the Contractor.

16. PUBLIC RECORDS: Bid will become public record upon award unless the bid or specific parts of the bid can be shown to be exempt by law. Each Bidder may clearly label all or part of a bid as "CONFIDENTIAL" provided that the Bidder thereby agrees to indemnify and defend the City for honoring such a designation. The failure to so label any information that is released by the City shall constitute a complete waiver of any and all claims for damages caused by any release of the information.

17. AWARD: The City prefers to award to a single bidder but reserves the right to award contracts to multiple bidders. The City reserves the right in its sole discretion to award all items to one bidder, or to award separate items or groups of items to various bidders, or to increase or decrease the quantities of any item. The City reserves the right to reject at any time any or all bids.

18. OFFER VALIDITY: Bid shall be subject to acceptance by the City for a period of three

(3) months unless a lesser period is prescribed in the quotation by Bidder.

19. NO GUARANTEE: The City’s purchases of goods and services are based on the City’s actual needs and requirements. All quantities stated herein are only ESTIMATES. The

City reserves the right to increase or decrease these estimated quantities based on its actual needs and funds available. The City is obligated to purchase and pay for only those goods and services that the City needs and requires, and that the City actually orders and receives. Any dollar amount identified as a “not to exceed:”

amount in any City document is not a guaranteed payment amount to any contractor or service provider. Furthermore, the City may determine that its needs and requirements may be met by City labor or by a second contractor or service provider, even after an award is made to one contractor or service provider. An award is not a promise or guarantee of exclusivity.

20. CHOICE OF ALTERNATE PROVISIONS; OPTIONS; NOTIFICATION: When alternative provisions are requested, or options are offered, Contractor will be notified as to which provision, or option, is being accepted at the same time that he is notified that he is the successful Bidder.

21. RIGHT TO REJECT: The City reserves the right, in its discretion, to reject at any time any or all bids, or parts thereof, and to waive any variances, technicalities and

As-Needed Trees & Plants| ITB - PR-26-772| Template v2025.02.12 | 16 informalities which do not impair the quality, utility, durability or performance of the items.

22. SINGLE BID RECEIPT: If the City receives a single responsive, responsible bid, the City may request an extension of the bid acceptance period and/or conduct a price or cost analysis on such bid. The Bidder shall promptly provide all cost or pricing data, documentation and explanation requested by the City to assist such analysis. By conducting such analysis, the City shall not be obligated to accept the single bid. The

City reserves the right to reject such bid or any portion thereof.

General Contract Terms

23. Acceptance of the offer contained in this Contract is expressly limited to the terms and conditions of such offer as herein stated.

24. This Contract shall be construed in accordance with the laws of the State of California, and the venue for any legal actions brought by any party with respect to this

Agreement shall be the County of Los Angeles, State of California for state actions and the Central District of California for any federal actions.

25. Contractor shall comply with all applicable federal, state and local laws pertaining to the subject matter hereof.

26. Contractor shall deliver the materials, equipment, supplies or services, or cause the work to be performed, within the time and in the manner specified in the Contract.

Times and dates stated herein are of the essence. If at any time Contractor has reason to believe that deliveries will not be made as scheduled, written notice setting forth the cause of the anticipated delay shall be given immediately to the City.

Deliveries must be prepaid. C.O.D. shipments will not be accepted.

27. Contractor warrants that the goods, machinery or equipment delivered or the work performed hereunder shall conform to the specifications, drawings, samples or other description specified by the City and shall be fit and sufficient for the purpose intended, merchantable, of good material and workmanship, in good working order and free from defect or faulty workmanship for a period of ninety (90) days. When defective goods, machinery, or equipment or faulty workmanship is discovered which requires repair or replacement pursuant to this warranty, Contractor shall provide all labor, materials, parts and equipment to correct such defect at no expense to the City.

As-Needed Trees & Plants| ITB - PR-26-772| Template v2025.02.12 | 17

28. No return or exchange of material, equipment or supplies shall be permitted without written approval by the Department Administrator.

29. This Contract shall not be assigned in whole or in part, nor any duties delegated without the City’s prior written approval.

30. No performance of this contract or any portion thereof may be assigned or subcontracted by Contractor without the express written consent of the City. Any attempt by the Contractor to assign or subcontract any performance of the terms of this contract without said consent shall be null and void and shall constitute a default under this contract. In the event of such a default, the City may immediately terminate this contract. In the event the City consents to assignment or subcontracting, each term and condition of this contract shall be binding on the assigns, successors or administrators of the respective parties. In the event the City consents to subcontracting, the Contractor shall include in all subcontracts the following provision: “This contract is a subcontract under the terms of a prime contract with the City of Long Beach. All provisions of that prime contract shall apply to this subcontract.” The Contractor and all subcontractors must obtain and maintain in effect a valid City of Long Beach Business License prior to commencement of work, and during the entire time that work is being performed under the contract. The

Contractor shall pay all taxes properly assessed against any equipment or property used or required in connection with the performance of security services. Bidder shall list the name and location of the place of business of each Subcontractor who will be a supplier/perform work for the bidder in an amount in excess of one-half of one percent of the bidder's total Purchase Order cost. The Subcontractor list shall be submitted with the bidder's bid.

31. Contractor, in the performance of any work or the furnishing of any labor under this

Contract, shall be considered as an independent contractor. Contractor, his agents and employees shall not be considered as employees of the City.

32. The City reserves the right at any time to make changes in drawings and specifications, in methods of shipment and packaging and in place of delivery as to any articles covered by this Contract. In such event there will be made an equitable adjustment in price and time of performance mutually satisfactory to Contractor and the City; but any claim by Contractor for such an adjustment must be made within thirty (30) days of such change.

As-Needed Trees & Plants| ITB - PR-26-772| Template v2025.02.12 | 18

33. The City reserves the right to terminate this Contract at any time in whole or in part even though Contractor is not in default hereunder. In such event there will be made an equitable adjustment of the terms that is mutually satisfactory to the City and

Contractor. Upon receipt of any notice of such termination, Contractor shall, unless such notice otherwise directs, immediately discontinue all work on the Contract and deliver, if and as directed, to the City all completed and partially completed articles, work in process and materials purchased or acquired for performance of the

Contract. The provisions of this section shall not limit or affect the right of the City to terminate this Contract immediately upon written notice of breach.

34. The City reserves the right to cancel this Contract or any part thereof and reject delivery of goods if delivery is not undertaken and completed when specified and in accordance with specifications. Contractor shall be charged for any direct losses, but not any consequential damages, sustained by the City by reason of such delay or failure, excepting losses caused by a delay for reasons beyond Contractor’s reasonable control. Direct losses shall include any costs to the city in excess of the

Contract price of obtaining goods from other sources similar to those cancelled or rejected hereunder.

35. The City’s obligation to pay the sum herein stated for any one fiscal year shall be contingent upon the City Council of the City appropriating the necessary funds for such payment by the City in each fiscal year during the term of this Contract. For the purposes of this section a fiscal year commences on October 1 of the year and continues through September 30 of the following year. In the event that the City

Council of the City fails to appropriate the necessary funds for any fiscal year, then, and in that event, the Contract will terminate at no additional cost or obligation to the City.

36. The remedies herein reserved shall be cumulative and additional to any other remedies at law or in equity. The waiver of any breach of this Contract shall not be held to be a waiver of any other or subsequent breach. The City’s failure to object to provisions contained in any communication from Contractor shall not be deemed an acceptance of such provisions or a waiver of the provisions of this Contract.

37. This Contract shall not be amended or modified, except by written agreement signed by the parties and expressly referring to this Contract.

38. The City reserves the right to change any portion of the work required, to add and/or delete items, or amend such other terms and conditions that may become necessary.

As-Needed Trees & Plants| ITB - PR-26-772| Template v2025.02.12 | 19

Any such revisions shall be accomplished by written amendment to the contract and executed by the Contractor and the City.

39. The invalidity, unenforceability or illegality of any provision of the contract shall not render the other provisions invalid, unenforceable, or illegal.

Price & Payments

40. No charges for taxes, transportation, boxing, packaging, crating or returnable containers will be allowed and paid by the City unless separately stated hereon. All sales, use, excise or similar taxes to be paid by the City must be itemized separately hereon and on invoices. The City is exempt from payment of Federal Excise Tax under Certificate No. 95-73 0502K and none shall be charged to the City.

41. The City shall pay Contractor for the goods or services as described in the section entitled “1.3 Contract Management.”

42. Contractor shall furnish further itemization and breakdown of the Contract price when requested by the City.

43. Payment terms are NET/30 unless Bidder otherwise quotes. All Cash Discounts shall be taken and computed from the date of delivery or completion and acceptance of the material, or from date of receipt of invoice, whichever occurs last. Invoices must be submitted as specified at the time of shipping authorization. Partial payments may be made by the City on delivery & acceptance of goods and on receipt of goods and on receipt of Contractor’s invoice.

44. All royalties for patents, or changes for the use of patents, which may be involved in any article to be furnished under this Contract shall be included in the Contract price.

45. The City reserves the right to exercise, at its option, an increase in expenditures by ten (10) percent annually, but the City does not guarantee such an increase.

46. In cases where a price subject to escalation has been agreed upon, the price escalation shall be shown as a separate item on the invoice. Unless an escalator clause has been shown as a specific part of this Contract Contractor shall not be entitled to reimbursement for costs incurred due to escalation.

47. Price escalation after the base period may be negotiated, but shall not exceed the most recent available month for the Los Angeles-Riverside-Orange County, CA

Consumer Price Index (CPI) for All Urban Consumers for non-labor.

As-Needed Trees & Plants| ITB - PR-26-772| Template v2025.02.12 | 20

48. The City shall pay to Contractor the price(s) specified in the Contract on delivery of the materials, equipment, supplies or services and acceptance thereof by the City

Manager or his designee, or upon completion of the work to be performed and accepted thereof, as specified in the Contract. Defective articles or articles not in accordance with the City’s specifications shall be held for Contractor’s instructions at

Contractor’s risk, and if Contractor so directs will be returned at Contractor’s expense.

Confidentiality & Data Security

49. Contractor shall keep confidential and not disclose to others or use in any way to the detriment of the City confidential business or technical information that the City may disclose in conjunction with this Contract or Contractor may learn as a result of performing this Contract.

Indemnification

50. To the extent allowed by law, Contractor shall defend, indemnify, and hold harmless the City, its Commissions and Boards, and their officials, employees, and agents from and against any and all demands, claims, causes of action, liability, loss, liens, damage, costs, and expenses (including attorney’s fees) arising from or in any way connected or alleged to be connected with Contractor’s performance under the

Contract or the work under or related to the Contract and from any act or omission, willful misconduct, or negligence (active or passive) by or alleged to be by Contractor, its employees, agents, or subcontractors either as a sole or contributory cause, sustained by any person or entity (including employees or representatives of City or

Contractor). The foregoing shall not apply to claims or causes of action caused by the sole negligence or willful misconduct of the City, its Commissions and Boards, or their officials, employees, or agents.

51. In addition to Contractor’s duty to indemnify, Contractor shall have a separate and wholly independent duty to defend Indemnified Parties at Contractor’s expense by legal counsel approved by City, from and against all Claims, and shall continue this defense until the Claims are resolved, whether by settlement, judgment or otherwise.

No finding or judgment of negligence, fault, breach, or the like on the part of

Contractor shall be required for the duty to defend to arise. City shall notify

Contractor of any Claim, shall tender the defense of the Claim to Contractor, and shall assist Contractor, as may be reasonably requested, in the defense.

As-Needed Trees & Plants| ITB - PR-26-772| Template v2025.02.12 | 21

52. If a court of competent jurisdiction determines that a Claim was caused by the sole negligence or willful misconduct of Indemnified Parties, Contractor’s costs of defense and indemnity shall be (1) reimbursed in full if the court determines sole negligence by the Indemnified Parties, or (2) reduced by the percentage of willful misconduct attributed by the court to the Indemnified Parties. The provisions of this section shall survive the expiration or termination of this contract.

53. Contractor shall indemnify, hold harmless and defend the City, its Commissions and

Boards, and their officials, employees, and agents from any damage, claim, loss, cost, liability, cause of action or expense, including reasonable attorney’s fees, whether or not reduced to judgment, arising from any infringement or claimed infringement of any patent, trademark or copyright, or misappropriation of confidential information or trade secrets of any third party and based on the manufacture, sale or use of goods, machinery or equipment supplied hereunder.

54. If the Contractor elects to use subcontractors as set forth in these this contract, Contractor agrees to require its subcontractors to indemnify Indemnified Parties and to provide insurance coverage to the same extent as Contractor. The provisions of this section shall survive the expiration or termination of this Contract

Insurance

55. As a condition precedent to the effectiveness of this Contract, Contractor shall procure and maintain at its expense, until completion of performance and acceptance by City, from an insurer admitted (licensed) in the State of California with a current financial responsibility rating of A (Excellent) or better and a current financial size category (FSC) of V (capital surplus and conditional surplus funds of greater than $10 million) or greater rating as reported by A.M. Best Company or equivalent, unless waived in writing by City’s Risk Manager, or non-admitted in the

State of California with a current financial responsibility rating of A (Excellent) or better and a current financial size category (FSC) of VIII (capital surplus and conditional surplus funds of greater than $100 million) or greater rating as reported by A.M. Best Company or equivalent, unless waived in writing by City’s Risk Manager.

a. Commercial general liability insurance equivalent in coverage scope to ISO

CG 00 01 10 93 naming the City of Long Beach, and its boards, officials, employees, and agents as additional insureds on a form equivalent in coverage scope to ISO CG 20 10 11 85 from and against claims, demands, causes of action, expenses, costs, or liability for injury to or death of persons, As-Needed Trees & Plants| ITB - PR-26-772| Template v2025.02.12 | 22 or damage to or loss of property arising out of activities or work performed by or on behalf of the Contractor in an amount not less than One Million Dollars

(US $1,000,000) per occurrence and Two Million Dollars (US $2,000,000) in general aggregate. Such coverage shall not exclude coverage for liability resulting from XCU (explosion, underground, and collapse) perils, cross liability protection, mobile equipment, and products and completed operations liability.

b. Workers’ compensation coverage as required by the Labor Code of the State of California and Employer’s liability insurance with minimum limits of One

Million Dollars (US $1,000,000) per accident or occupational illness. The policy shall be endorsed with a waiver of the insurer’s right of subrogation against the City of Long Beach, and its insurers, boards, officials, employees, and agents.

c. Automobile liability insurance equivalent in coverage scope to ISO CA 00 01

06 92 in an amount not less than One Million Dollars (US $1,000,000) combined single limit (CSL) per accident for bodily injury and property damage covering

Symbol 1 (“all autos”)

56. Any self-insurance program or self-insurance retention must be approved separately in writing by the City’s Risk Manager or designee and shall protect the City of Long

Beach, and its boards, officials, employees, and agents in the same manner and to the same extent as they would have been protected had the policy or policies not contained retention provisions. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, or canceled by either party except after thirty (30) days prior written notice to the City of Long Beach, and shall be primary and not contributing to any other insurance or self-insurance maintained by the City of Long Beach.

57. Any subcontractors of all tiers which Contractor may use in the performance of this

Contract shall be required to maintain insurance in compliance with the provisions of this section. The additional insured endorsement form number applicable to subcontractors with respect to the general liability insurance shall be the ISO CG 20

26 11 85 form or its equivalent.

58. Contractor shall deliver to the City of Long Beach certificates of insurance and original endorsements for approval as to sufficiency and form prior to the start of performance hereunder. The certificates and endorsements for each insurance policy shall contain the original signature of a person authorized by that insurer to

As-Needed Trees & Plants| ITB - PR-26-772| Template v2025.02.12 | 23 bind coverage on its behalf. “Claims-made” policies are not acceptable unless the

City’s Risk Manager determines that “Occurrence” policies are not available in the market for the risk being insured. In a “Claims-made” policy is accepted, it must provide for an extended reporting period of not less than three (3) years. Such insurance as required herein shall not be deemed to limit Contractor’s liability relating to performance under this Contract. The City of Long Beach reserves the right to require complete certified copies of all said policies at any time. Any modification or waiver of the insurance requirements herein shall be made only with the approval of the City’s Risk Manager. The procuring of insurance shall not be construed as a limitation on liability or as full performance of the indemnification provisions of this Contract.

59. To the extent more stringent insurance requirements apply in accordance with the

City of Long Beach’s Administrative Regulation 8-27 (AR 8-27) and its amendments, the currently in-force AR 8-27 regulations and requirements supersede and replace any insurance requirements stated herein.

Work for the City or on City Property

60. Before execution of a Contract, the bidder shall file two surety bonds with the City of

Long Beach subject to the approval of the City Engineer and City Attorney. The bonds shall be on forms provided by the City or acceptable to the City Attorney. The

Payment Bond (Material and Labor Bond) shall satisfy claims of material suppliers and mechanics and laborers employed by the contractor on the Work. This bond shall be maintained by the contractor in full force and effect until the work is accepted by the City of Long Beach and until all claims for materials and labor are paid, and shall otherwise comply with the Civil Code. The Performance Bond shall guarantee faithful performance of all work within the time and manner prescribed, free from original or developed defects. This bond shall remain in effect as prescribed within the Contract, until the end of all warranty periods.

61. In the event the Contract to be awarded hereunder, including specifications and other documents incorporated therein by reference, provides for the withholding of moneys by the City to ensure performance of such Contract, Contractor may deposit with the City, as a substitute for said withheld moneys, securities listed in Section

16430 of the California Government Code or bank or savings and loan certificates of deposit, or both, equivalent to the amount withheld, provided Contractor requests permission to make such substitution and bears all expenses in connection therewith.

As-Needed Trees & Plants| ITB - PR-26-772| Template v2025.02.12 | 24

62. If at any time during the progress of the Work, Contractor shall allow any indebtedness to accrue for labor, equipment or materials, or which may become a claim against the City, Contractor shall immediately upon request from the City pay such claim or indebtedness or cause such lien to be dissolved and discharged by giving a bond or otherwise and, in case of his failure so to do, the City may withhold any money due Contractor until such claim or indebtedness is paid or may apply such money toward the discharge thereof; or in such event the City may, at its option, declare this Contract to be terminated, take possession and control of the Work, and complete the same or cause the same to be completed according to the specifications. Contractor shall pay to the City the difference between the Contract price and the actual cost to the City in completing or causing the Work to be completed.

63. Contractor shall carry on the Work at its own risk until the same is fully completed and accepted and shall, in case of any accident, destruction or injury to the Work or materials before its final completion and acceptance, repair or replace the Work or materials so injured, damaged and destroyed, at his own expense and to the satisfaction of the City. When materials and equipment are furnished by others for installation or erection by Contractor, Contractor shall receive, unload, store and handle same at the Site and become responsible therefore as though such materials and equipment were being furnished by Contractor under the Contract.

64. Contractor shall list the name and location of the place of business of each

Subcontractor who will perform work, labor or services for Contractor, or who specially fabricates and installs a portion of the Work or improvement in an amount in excess of one-half of one percent of Contractor’s total contract cost. The

Subcontractor list shall be submitted with Contractor’s bid.

Regulatory Compliance

65. BUSINESS LICENSE: The Long Beach Municipal Code (LBMC) requires all businesses operating in the City of Long Beach to pay a business license tax. In some cases, the

City may require a regulatory permit and/or evidence of a State or Federal license.

Prior to issuing a business license, certain business types will require the business license application and/or business location to be reviewed by the Development

Services, Fire, Health, and/or Police Departments. For more information, go to www.longbeach.gov/finance/business_license.

http://www.longbeach.gov/finance/business_license

As-Needed Trees & Plants| ITB - PR-26-772| Template v2025.02.12 | 25

66. PERMITS AND LICENSING: All permits and licenses necessary to the performance the work shall be secured by the Contractor at the Contractor's own expense.

67. USE TAX: Contractor shall cooperate with the City in all matters relating to taxation and the collection of taxes, particularly with respect to the self-accrual of use tax.

Contractor shall cooperate as follows: (i) for all leases and purchases of materials, equipment, supplies or other tangible personal property totaling over $100,000 shipped from outside California, a qualified Contractor shall complete and submit to the appropriate governmental entity the form in Appendix “A” attached hereto; and

(ii) for construction contracts and subcontracts totaling $5,000,000 or more, Contractor shall obtain a sub-permit from the California Board of Equalization for the

Work site. “Qualified” means that the Contractor purchased at least $500,000 in tangible personal property that was subject to sales or use tax in the previous calendar year.

In completing the form and obtaining the permit(s), Contractor shall use the address of the Work site as its business address and may use any address for its mailing address. Copies of the form and permit(s) shall also be delivered to the Purchasing

Agent. The form must be submitted and the permit(s) obtained as soon as

Contractor receives a notice of award. Contractor shall not order any materials or equipment over $100,000 from vendors outside California until the form is submitted and the permit(s) obtained and, if Contractor does so, it shall be a material breach of the Agreement. In addition, Contractor shall make all purchases from its Long Beach sales office and the Long Beach sales office of its vendors if those vendors have a

Long Beach office and all purchases made by Contractor under this Agreement which are subject to use tax of $500,000 or more shall be allocated to the City of Long

Beach. Contractor shall require the same form and permit(s) from its subcontractors.

Contractor shall not be entitled to and by signing this Contract waives any claim or damages for delay against City if Contractor does not timely submit these forms to the appropriate governmental entity. Contractor may contact the Budget Analysis

Officer for the Department of Financial Management at 562-570-6869 for assistance with the form.

68. CAL/OSHA: All materials, supplies and equipment provided under this Contract shall be in full compliance with the Safety Orders and Regulations of the Division of

As-Needed Trees & Plants| ITB - PR-26-772| Template v2025.02.12 | 26

Industrial Safety of the State of California, Title 8, California Code of Regulations

(CAL/OSHA) and all applicable OSHA regulations as well as all other applicable

California Code of Regulations. Contractor shall indemnify and hold the City, its officials, and employees harmless for, of and from any and all loss, including but not limited to fines, penalties and corrective measures, the City may sustain by reason of

Contractor’s failure to comply with said laws, rules and regulations in connection with the performance of this Contract.

69. ENVIRONMENTAL: The California Integrated Waste Management Act (Public

Resources Code, Sec. 40000 et seq.) requires governmental entities to achieve fifty

(50) percent diversion of waste. In conjunction with the City’s Integrated Resources

Bureau, the City is currently developing an Environmentally Preferable Product (EPP) procurement plan.