Agenda packet — Seal Beach City Council, June 22, 2026 (part 4 of 7)

On-Call Electrical Maintenance, Repair and Emergency Services (Discipline B) City of Seal Beach
Department of Public Works
Attn: Sean Sabo, Management Analyst
211 Eighth Street
Seal Beach, CA 90740
Re: Proposal for On-Call Electrical Maintenance, Repair and Emergency Services Dear Evaluation Committee,
Baker Electric submits this proposal to provide On-Call Electrical Maintenance, Repair and Emergency Services (Discipline B) to the City of Seal Beach. Baker Electric is a Southern California–based electrical contractor with extensive experience supporting municipal and public-agency clients through on-call and as-needed service agreements. Our service organization is structured specifically to support emergency response, routine maintenance, and corrective electrical work in active public facilities.

Baker Electric maintains a dedicated electrical service division designed to support on-call municipal work.

This structure allows the City’s service requests to be responded to promptly using qualified field personnel, established dispatch and escalation procedures, and direct supervisory oversight. We understand the importance of rapid mobilization, clear communication, and coordination with City staff to minimize disruptions to municipal operations and infrastructure.

Our team routinely performs electrical troubleshooting, repairs, panel and breaker work, lighting system maintenance, conduit modifications, and other infrastructure support required in public environments.

Services are primarily self-performed by Baker Electric’s trained, certified union electricians and field supervisors, ensuring prevailing wage compliance, consistent workmanship, and adherence to applicable safety and code requirements, including NFPA 70E, OSHA, and Cal/OSHA standards.

Baker Electric is licensed in the State of California and maintains a Class A General Engineering Contractor license and a Class C-10 Electrical Contractor license, both of which satisfy the City’s licensing requirements as clarified by Addendum No. 1 to the RFP. Baker Electric is registered with the Department of Industrial Relations and is experienced in complying with public-sector labor, documentation, and authorization requirements associated with on-call service agreements.

Baker Electric appreciates the opportunity to be considered as the City of Seal Beach’s on-call electrical services provider. We are committed to delivering responsive, safe, and reliable electrical support and to working collaboratively with City staff throughout the term of the Agreement.

Sincerely,
Baker Electric
Ben Skinner
Service Operations Manager
858-200-5942
1298 Pacific Oaks Place
Escondido, CA 92029
760.745.2001 Tel
760.745.3610 Fax

Page 2 of 9 ends

Contents
Section 1 – Company Qualifications .............................................................................................................. 3

1.1 Firm Overview and Background .......................................................................................................... 3

1.2 Relevant Municipal, On‑Call, and Discipline‑Specific Experience ...................................................... 3

1.3 Licensing, Certifications, and Regulatory Compliance ........................................................................ 4

1.4 Safety Program and Public-Agency Readiness .................................................................................. 4 Section 2 – Local Staffing List ....................................................................................................................... 5

2.1 Staffing Structure and Service Capacity .............................................................................................. 5

2.2 Key Personnel and Roles .................................................................................................................... 5

2.3 Organization Chart ........................................................................................................................... 6 Section 3 – Understanding & Approach ......................................................................................................... 6

3.1 On-Call Service Approach ................................................................................................................... 6

3.2 Troubleshooting, Repair, and Service Execution Methodology .......................................................... 7

3.3 Emergency Response and Service Continuity .................................................................................... 7 Section 4 – References ................................................................................................................................. 7

4.1 Reference 1 – City of Corona .............................................................................................................. 8

4.2 Reference 2 – City of Escondido ......................................................................................................... 8

4.3 Reference 3 – City of Oceanside (Water & Sewer Department) ......................................................... 8

4.4 Reference 4 – City of Torrance ........................................................................................................... 8

4.5 Reference 5 – East Valley Water District ............................................................................................ 8 Section 5 – Subcontractors............................................................................................................................ 8 Section 7 – Cost & Fee Proposal ................................................................................................................... 9 Section 8 -- Sample Letter Proposal ……………………………………………………………………………..10 Section 9 -- Business Entity ……………………………………………………………………………………….15

9.1 DIR Registration ……………………………………………………………………………………………16

9.2 License Information ………………………………………………………………………………………...17 Section 10 -- Insurance …………………………………………………………………………………………….19 Section 10 -- Contract Signatories ………………………………………………………………………………..20

1298 Pacific Oaks Place
Escondido, CA 92029
760.745.2001 Tel
760.745.3610 Fax

Page 3 of 9 ends

Section 1 – Company Qualifications

1.1 Firm Overview and Background
Baker Electric is a Southern California–based contractor with extensive experience supporting municipal agencies and public‑sector clients through on‑call, as‑needed, and task‑order service agreements. This experience includes performing maintenance, repair, and emergency services for public facilities and infrastructure that require reliable response, controlled execution, and strict compliance with applicable regulations and safety standards.

A dedicated service organization supports municipal on‑call work and is structured separately from large construction project delivery. This service structure is designed to address recurring maintenance needs, unplanned service requests, and emergency conditions across multiple facilities. Service operations are supported by experienced service management, field supervision, and skilled craft personnel capable of responding efficiently to both emergency and non‑emergency service requests.

An established Southern California presence allows resources to be deployed efficiently to support City operations. Service teams routinely perform work in active and occupied environments where coordination with agency staff, protection of the public, and continuity of operations are critical. These conditions require disciplined planning, communication, and execution practices, which are embedded into day‑to‑day service delivery.

Core capabilities include electrical and utility maintenance, troubleshooting, repair, and emergency response services performed under time‑and‑materials and task‑order contract frameworks. These services are supported by standardized service workflows, centralized coordination, and direct field oversight to ensure work is performed safely, efficiently, and in accordance with agency requirements.

Through a service‑focused organizational structure, experienced personnel, and established public‑agency service practices, Baker Electric is positioned to support the City of Seal Beach with consistent, responsive, and compliant on‑call maintenance and emergency services throughout the term of the Agreement.

1.2 Relevant Municipal, On‑Call, and Discipline‑Specific Experience Baker Electric has extensive experience providing on‑call, as‑needed, and task‑order maintenance, repair, and emergency services for municipal agencies and public‑sector clients throughout Southern California, including the City of Long Beach, the City of Corona, Orange County, the County of San Diego, and the Inland Empire Utilities Agency (IEUA). This work is performed under service agreements that require rapid response, consistent staffing availability, and disciplined coordination within active and operational public facilities and utility systems.

On‑call services have included corrective maintenance, system troubleshooting, emergency outage response, planned repairs, and targeted infrastructure upgrades across a wide range of facility and asset types. Many service requests require controlled outages, coordination with agency and operations staff, and execution within occupied or public‑facing environments. These conditions demand a service approach that emphasizes safety, reliability, clear communication, and accountability—principles that are consistently applied across Baker Electric’s municipal service operations.

Representative on‑call work includes support for both electrical and utility infrastructure, such as troubleshooting and fault isolation, breaker and panel repairs, lighting system maintenance and upgrades, conduit and raceway modifications, pump station and vault support, valve and pipeline repairs, and coordination of temporary measures necessary to maintain continuity of operations during outages or corrective maintenance. Emergency response often requires mobilizing qualified field personnel to address 1298 Pacific Oaks Place
Escondido, CA 92029
760.745.2001 Tel
760.745.3610 Fax

Page 4 of 9 ends

unplanned service interruptions, equipment failures, or hazardous conditions while maintaining accurate documentation and real‑time communication with agency representatives.

Service work is frequently performed within public rights‑of‑way, treatment facilities, and other regulated environments that require traffic control, environmental compliance, and coordination with inspectors and operations staff. Planning and execution emphasize protection of existing facilities, public and worker safety, continuity of operations, and restoration of affected areas upon completion. Experience supporting multiple concurrent service requests across geographically dispersed facilities has reinforced the importance of centralized coordination, disciplined prioritization, and flexible field staffing. These capabilities allow emergency and routine service needs to be addressed promptly while maintaining continuity of operations, documentation accuracy, and compliance with public‑sector procedures.

Across this range of municipal and utility clients, Baker Electric’s on‑call experience aligns closely with the City of Seal Beach’s service model, response expectations, and operational requirements for maintenance, repair, and emergency services performed under an as‑needed contract framework.

1.3 Licensing, Certifications, and Regulatory Compliance Baker Electric maintains all contractor licenses required to perform the services described in this proposal and will maintain licensure in good standing for the duration of the Agreement. Licensing held is aligned with the City’s requirements for both utilities and electrical maintenance, repair, and emergency services, consistent with the licensing clarification issued under Addendum No. 1 to the Request for Proposals.

Baker Electric is registered with the California Department of Industrial Relations (DIR) and complies with all applicable public‑works labor requirements, including prevailing wage, certified payroll reporting, and apprenticeship obligations. Labor classifications and wage rates are administered in accordance with California Labor Code requirements and applicable regulations governing municipal and special‑district work.

All services are performed in compliance with applicable federal, state, and local laws, codes, and standards. Electrical and utility work is executed in accordance with the National Electrical Code, California Electrical Code, NFPA 70E, Cal/OSHA regulations, applicable environmental requirements, and manufacturer recommendations, as appropriate to the scope of work. Regulatory compliance is integrated into service planning and field execution to ensure work is performed safely and consistently across all service activities.

Baker Electric is experienced in operating within public‑sector administrative and authorization frameworks, including coordination with agency representatives, adherence to approved scopes of work, and compliance with documentation and inspection requirements. This regulatory experience supports accurate execution, clear accountability, and consistent compliance across routine maintenance, planned work, and emergency response services.

1.4 Safety Program and Public-Agency Readiness
Safety is integrated into all on‑call maintenance, repair, and emergency service activities and is treated as a core qualification when performing work for municipal and public‑sector clients. Work is routinely performed in active facilities, public rights‑of‑way, and operational utility environments where protection of City personnel, the public, and existing infrastructure is critical.

Service personnel are trained to recognize hazards, establish safe work conditions, and apply appropriate controls prior to commencing work. This includes evaluation of site conditions, coordination with agency and operations staff, and implementation of requirements associated with energized systems, confined spaces, traffic control, and environmental compliance, as applicable to the scope of work. Safety 1298 Pacific Oaks Place
Escondido, CA 92029
760.745.2001 Tel
760.745.3610 Fax

Page 5 of 9 ends

considerations are addressed before, during, and after service execution to ensure consistent application across routine maintenance and emergency response activities.

Field supervision provides ongoing oversight to reinforce safety expectations and verify compliance with applicable codes, standards, and regulations. Supervisory presence ensures that work is executed in accordance with established safety practices and that evolving site conditions are addressed promptly. This structure supports consistent performance across multiple concurrent service requests and geographically dispersed facilities.

Experience working within public‑agency environments has also reinforced the importance of administrative readiness, clear authorization, and disciplined communication. Service activities are coordinated with designated agency representatives, performed only within approved scopes, and documented in accordance with public‑sector procedures. This readiness supports accountability, transparency, and regulatory compliance across all on‑call service work.

Through a combination of trained personnel, active supervision, and familiarity with public‑agency operating environments, Baker Electric is prepared to perform maintenance, repair, and emergency services safely and reliably while supporting the City’s operational and compliance requirements.

Section 2 – Local Staffing List

2.1 Staffing Structure and Service Capacity
Baker Electric maintains a staffing structure specifically designed to support on‑call and as‑needed maintenance, repair, and emergency services for municipal and public‑sector clients. Service operations are supported by a dedicated workforce focused on service delivery rather than construction project execution, allowing routine maintenance, corrective work, and emergency response to be addressed efficiently and consistently.

Service personnel are supported by service management and field supervision responsible for coordinating work activities, enforcing safety and quality requirements, and maintaining communication with agency representatives. This structure allows service requests to be executed promptly while ensuring consistency across multiple facilities and service locations.

Staffing capacity is structured to support multiple concurrent service requests without compromising response times or service quality. Personnel and equipment resources are allocated based on service demand, urgency, and site conditions, allowing coverage to be maintained during routine operations, emergency events, and periods of increased workload.

2.2 Key Personnel and Roles
On‑call maintenance, repair, and emergency services are supported by Baker Electric’s Service Group, which is structured to provide clear accountability, centralized coordination, and direct field oversight for municipal clients. Roles within the Service Group are defined to support contract compliance, day‑to‑day service execution, and responsive field operations.

Service Operations Manager
The Service Operations Manager provides overall oversight of on‑call service agreements and is responsible for contract administration, performance oversight, and escalation of issues requiring management‑level resolution. This role ensures that staffing, supervision, and resources remain aligned with contractual requirements and City expectations throughout the term of the Agreement.

Service Manager
1298 Pacific Oaks Place
Escondido, CA 92029
760.745.2001 Tel
760.745.3610 Fax

Page 6 of 9 ends

The Service Manager serves as the City’s primary point of contact for day‑to‑day service coordination.

Responsibilities include intake and coordination of service requests, development of scopes and proposals when required, scheduling and prioritization of work, and maintaining visibility over all active and completed service activities. The Service Manager coordinates closely with field leadership to ensure responsiveness, documentation accuracy, and continuity of operations across multiple service locations.

Field Leadership (Superintendent / Area General Foreman / Foremen) Field leadership provides direct oversight of on‑site execution for on‑call services. Foremen and supervising personnel are responsible for work planning at the site level, enforcement of safety and quality requirements, coordination of personnel and equipment, and communication of field conditions back to the Service Manager. This structure ensures that work is executed safely, efficiently, and in accordance with approved scopes and public‑sector requirements.

This Service Group structure establishes clear lines of authority and communication, allowing service requests to be addressed at the appropriate level while maintaining accountability, responsiveness, and consistent execution across multiple concurrent service activities.

2.3 Organization Chart
Section 3 – Understanding & Approach

3.1 On-Call Service Approach
The City’s on‑call maintenance, repair, and emergency services program requires a service model that supports rapid response, clear coordination, and disciplined execution across routine, planned, and emergency work activities. Services are performed on an as‑needed basis and vary in scope, urgency, and operational impact, requiring flexibility without sacrificing safety, documentation, or compliance.

Service requests are received through designated City contacts and coordinated through the Service Group. Upon receipt, requests are evaluated to determine urgency, scope, and site conditions. Emergency 1298 Pacific Oaks Place
Escondido, CA 92029
760.745.2001 Tel
760.745.3610 Fax

Page 7 of 9 ends

requests are prioritized for immediate response, while non‑emergency work is scheduled in coordination with City staff to align with operational requirements and minimize disruption to facilities and infrastructure.

Authorized work is executed using appropriately qualified personnel, equipment, and field supervision commensurate with the scope and risk of the service request. Coordination is maintained throughout execution to address field conditions, confirm scope alignment, and support timely completion. Upon completion, service activities are documented and closed out in accordance with public‑sector procedures.

3.2 Troubleshooting, Repair, and Service Execution Methodology Maintenance, repair, and troubleshooting activities are performed using a disciplined, field‑tested approach appropriate for municipal facilities and utility infrastructure. Service personnel evaluate existing conditions, review available information, and establish safe work boundaries prior to initiating repairs or corrective actions.

Troubleshooting focuses on efficient fault isolation and accurate identification of root causes to restore service safely and reliably. Repairs are performed in accordance with applicable codes, standards, and manufacturer requirements, with adjustments made as necessary to address site‑specific conditions or operational constraints.

Where service conditions indicate broader deficiencies, equipment degradation, or scope beyond immediate repair, findings are communicated to City representatives to support informed decision‑making regarding next steps under the on‑call agreement. This approach supports responsive service delivery while maintaining transparency, accountability, and control of scope.

3.3 Emergency Response and Service Continuity
Emergency service requests are addressed with priority to protect public safety, maintain continuity of operations, and mitigate further impact to City facilities and infrastructure. Baker Electric’s emergency response model is structured to eliminate delays between initial contact and field action by using a dedicated emergency response hotline that enables direct, real‑time handoff to field service technicians.

Emergency calls are routed through Baker Electric’s 24/7 emergency response hotline and immediately connected to on‑call field personnel. This hot‑handoff structure allows qualified service technicians and field leaders to receive critical information directly, assess conditions in real time, and dispatch themselves to the site without intermediary steps or delayed escalation. This approach supports rapid mobilization, clear accountability, and informed decision‑making at the outset of the response.

Upon arrival, responding field personnel evaluate conditions, implement immediate corrective or temporary measures as necessary, and coordinate with City representatives to stabilize the situation and restore service safely. If additional resources or follow‑up work are required, coordination is maintained through the Service Group to support continuity between emergency response, permanent repair, and documentation.

Emergency and after‑hours service activities are fully integrated into standard service management and documentation processes to ensure visibility, accurate records, and consistent closeout. Communication is maintained throughout the response to provide status updates, document actions taken, and support any additional approvals required. This structure allows emergency conditions to be addressed efficiently while maintaining alignment with approved scopes, safety requirements, and public‑sector procedures..

Section 4 – References
1298 Pacific Oaks Place
Escondido, CA 92029
760.745.2001 Tel
760.745.3610 Fax

Page 8 of 9 ends

4.1 Reference 1 – City of Corona
• Prime / Subcontractor: Prime Contractor
• Scope of Work: As-needed electrical maintenance, repair, and infrastructure support services within municipal water and wastewater facilities
• Begin / End Dates: 2024 - Ongoing
• Client Contact: Rodney Williams
• Phone Number: (951) 830-1212
• Email Address: [email protected]

4.2 Reference 2 – City of Escondido
• Prime / Subcontractor: Prime Contractor
• Scope of Work: As-needed electrical and conduit infrastructure support services performed within active municipal water treatment facilities
• Begin / End Dates: 2/28-7/19/2024
• Client Contact: Jacob Telfer
• Phone Number: (760) 802-2600
• Email Address: [email protected]

4.3 Reference 3 – City of Oceanside (Water & Sewer Department) • Prime / Subcontractor: Prime Contractor
• Scope of Work: As-needed electrical preventive maintenance, high-voltage support, and emergency response services for municipal water and sewer infrastructure • Begin / End Dates: 5/10 - 12/27/2023
• Client Contact: Al Ramirez
• Phone Number: (760) 801-0068
• Email Address: [email protected]

4.4 Reference 4 – City of Torrance
• Prime / Subcontractor: Prime Contractor
• Scope of Work: As-needed electrical system modifications and emergency power support for municipal transportation and public facilities
• Begin / End Dates: 2025 - Ongoing
• Client Contact: George Beischl
• Phone Number: (310) 781-6951
• Email Address: [email protected]

4.5 Reference 5 – East Valley Water District
• Prime / Subcontractor: Prime Contractor
• Scope of Work: As-needed electrical maintenance, emergency power system support, and infrastructure services for district-owned water facilities • Begin / End Dates: 6/1/2022 – 12/1/2023
• Client Contact: Nathan Carlson
• Phone Number: (909) 888-8986
• Email Address: [email protected]
Section 5 – Subcontractors
Baker Electric anticipates performing the majority of work under this Agreement using its in-house, union electrical workforce. This self-performance model provides direct control over safety, quality, scheduling, and coordination for routine maintenance, corrective work, and emergency response services. 1298 Pacific Oaks Place
Escondido, CA 92029
760.745.2001 Tel
760.745.3610 Fax

Page 9 of 9 ends

Subcontractors may be utilized on a limited, as-needed basis when specialized expertise, testing, or manufacturer-specific services are required and fall outside Baker Electric’s core electrical scope. Any subcontracted services will be engaged only with City authorization and will be managed directly by Baker Electric to ensure compliance with applicable safety, labor, documentation, and performance requirements.

At this time, no subcontractors are proposed as standing team members for this Agreement.

Subcontractors, if required, will be identified and submitted for approval on a case-by-case basis in accordance with the Agreement and City procedures. Baker Electric will remain fully responsible for the coordination, oversight, and performance of all subcontracted work.

Section 7 – Cost & Fee Proposal
$ / Task Order
Mobilization Cost Normal
Working Hours $ -
Mobilization Cost NonWorking Hours $ -
Minimum Call out 2 hours
No. Description Standard Overtime Double Time
L1 Electrician $165.00 $ 225.00 $ 285.00
L2 Journeyman $150.00 $ 205.00 $ 260.00
L3 Helper/Apprentice $110.00 $ 155.00 $ 205.00
L4 Medium Voltage Electrician $175.00 $ 245.00 $ 310.00 No. Description Unit
E1 Truck per Hour
E2 Trailer (14') per Day
E3 Power Generator NA
E4 Forklift NA
Additional Rates Markup %
Subcontractor (Example:

NETA, Engineering, Civil) 15%
Materials 15%
Rentals 15%
Standard
$ 15.00
$ 65.00
Cost + 15%
Cost + 15%
Discipline B
Labor
Equipment
Base Bid $XX,XXX.00
Baker Electric & Renewables LLC
1298 Pacific Oaks Place
Escondido, CA 92029
760.745.2001 Tel
760.745.3610 Fax
LIC #161756 D C10 C46 / DIR #1000000466
May 4, 2026 Quote Number: QXX-XXXXX
Location Name
Address
Attention: Name
Re: Quote Title
NAME,
Thank you for this opportunity to bid on this scope of work, and we look forward to working with you.

We propose to furnish labor, materials and equipment to perform the electrical work on the above referenced project for the amount shown below. This proposal is based on the scope of work shown on the drawings, specifications and the following clarifications/exclusions listed below. This proposal is contingent upon contract terms and conditions being acceptable to Baker Electric.

Electrical Sheets:
(List All Electrical)
Specification Sections:
(List All Electrical)
Addendums Acknowledged:
(List All)
Scope Line Item
Line Item Description
Clarifications:

Due to many well-known supply chain disruptions, lead times for delivery of equipment, fixtures and materials are now longer than ever with little success in expediting high priority projects. While Baker Electric is and will be making every effort to mitigate schedule impacts resulting from such there may be conditions beyond our control.

Due to current volatility in the commodities market, materials such as Copper, Steel, and PVC can only be held for 30 days.

Please note that the pricing provided does not account for any future price escalations resulting from new or increased tariffs imposed by any government, local or foreign.

This bid is based on the use of approved industry standard materials and methods.

This bid assumes that we will have access to the work during normal business hours.

Proposal is based upon a concurrent construction schedule with no delays.

Baker Electric’s bond rate is not included in the above pricing.

Standard lead-times apply; no expediting of manufacturing or delivery has been included in this proposal.

This bid assumes that the Utility scope is as shown on sheet Electrical plans. We have requested the utility company’s approved plans, and they were not available to coordinate these drawings. If any changes are needed per the documents once they are available, the cost impacts will need to be reviewed before moving forward.

This bid assumes that the space will be sprinkler monitored only, and that no fire alarm system or devices will be needed for this class of occupancy and size space.

This bid assumes that the sinks, toilets and urinals are manual on and off, and that there is no power provided for the auto flush and on/off valves.

Pricing is based on lay-down for tools, equipment and material being in the immediate area.

This bid assumes that there is sufficient parking for our crew.

This bid assumes that others will supply the Mobile Containment Units for us to access the area above the t-grid ceiling to install our work in the areas outside of the GC’s infectious control.

This bid assumes that other will do the ICRA and ACWP needed for access to the work areas outside of the GC’s infectious control area.

This bid is based on Baker doing all the testing, and no 3rd party testing is included.

This bid is based on the use of MC Cable for all homeruns and feeders. Our cable install will be neat, and assumed that others will paint to match ceiling space.

Pricing is based on Baker having control of means and methods as it relates to the performance of the work.

Pricing is based on providing safe-off only for electrical devices and equipment to be removed under the demolition scope of work. Removal, salvage or storage of any equipment/materials is by others.

Pricing is based on both existing SDG&E services being in good working order, we will review and provide an evaluation of existing to remain to GC for owner and SDG&E.

Ring and string will be provided for all low voltage systems (we will provide a conduit stub ups into accessible ceilings in hard lid areas as needed).

Pricing is based on the fixtures being able to be delivered into the areas where they will be installed.

This bid assumes that due to this project’s size that BIM modeling and detailing is minimal for the electrical scope. The electrical project manager will attend meetings and supply submittals as needed for the BIM MEP coordination efforts done by others (adder can be requested if needed).

It is presumed that the existing electrical service/equipment can accept any/all of the added electrical equipment/demand, and that all existing equipment is in good working conditions to accept the alterations per the above scope of work.

Baker is a Union Contractor - Prevailing Wages included with this proposal.

This bid assumes that we may utilize the existing materials (conduits, wire and racks) for the temporary/permanent power feeds after a more in-depth review and upon implementation of this scope of work.

This bid assumes that sufficient access to the work area, and the use of the loading dock and freight elevators will be provided to get the equipment in and out of the building and to the roof.

This bid assumes that the building facilities personnel will put the critical building systems into bypass/test mode as needed for this scope of work, and handles any systems that may need to be addressed during this time.

This bid assumes that the staff facilities will be available during this time to assist access to the site, and during the commissioning process.

This bid includes a 1 year warranty on all work from Baker Electric.

Exclusions:

Unforeseen conditions.

Generator Fuel (except for testing required by contract).

Air quality permit fees and compliance are excluded. Local air quality authorities may require a health risk study or environmental quality assessment. The cost for a health risk study is excluded.

Additional equipment required as a result of the Air Quality Management District (AQMD or APCD) permit application will be quoted separately. These requirements are ever changing and vary based on jobsite location.

Cost for engineering soil testing and dewatering operations.

The cost for breaking and removing any rock or existing structures requiring mechanical pulverizing equipment to achieve required depth for placement of substructures. This cost will be presented as a change order before the work is done.

Temp Power and Lighting (Adder can be given at your request).

Painting panel covers to match walls (we will supply the standard grey covers).

Premium portion of overtime.

Hazardous material survey or removal and disposal of any hazardous materials.

All saw cutting, patch back, painting, barricades and fencing for all exterior hardscape/landscape (of all concrete or asphalt).

Concrete pads and any formed/poured in place concrete.

Street lighting or Pedestrian Street lighting systems outside of plans noted above.

Fixture/Ceiling support wire supply and install by others.

Construction water.

All mechanical controls (regardless of voltage) wiring and equipment.

Supply and installation of all thermostats, twist timers, fire smoke dampers and duct detectors.

Design, supply, installation and testing of all low voltage systems including but not limited to fire alarm, CATV, CCTV, audiovisual, access control, intrusion detection and telephone/data cabling systems, this also includes equipment, devices and active equipment for these systems.

BIM, 3-D modeling.

Liquidated damages.

Owner certified insurance programs.

Payment and performance bond.

Field cutting, coring, patching, painting and coatings for all exterior surfaces.

Cutting, coring, patching and painting for all interior surfaces.

Access panels.

Job site security.

Dumpster fees and removal/disposal of demolished debris.

Added exit signs that are not shown and may be needed per code.

Design and engineering fees.

Ceiling tile removal, replacement, or repair.

All lighting diffuser panels that are not a part of the light fixture.

Electrical Permits (OSHPD).

Spare materials (lamps, lenses, circuit breakers, etc.) not called out in specs or on plans.

Re-supporting of all non-code compliant wiring or conduits not associated with scope noted above.

City and regulatory permits and fees.

HVAC control wire and conduit (other than shown on the drawings noted above).

Any work in asbestos or lead contaminated environments or work requiring containment areas and/or special containment clothing / protection suits.

Infectious control barriers.

Seismic Bracing to existing conduits.

Seismic Engineering to existing conduits.

Supply and installation of any ceiling fans.

All mechanical controls (regardless of voltage) wiring and equipment, this includes up down control for any overhead doors.

Lightning protection, cellular repeaters or cellular signal boosting systems.

Supply, installation and testing of any solar-voltaic systems or provisions for any solar-voltaic systems.

Supply, installation and testing of emergency phone system.

Demolition (we will safe-off only).

Telephone Backboard.

CO2 system, conduit only.

Garbage disposal by others. We will provide power and switch only.

Utility fees.

Surveying, layout, and staking.

Concrete pole bases precast or case in place.

Pole or concrete bollards.

Offsite spoils removal (spoils will be stockpiled on site next to trenches).

Traffic control, including permits and fees.

All costs associated with the permitting, designing or implementing the SWPPP including fines and penalties.

Electrical connection to items FBO unless shown on the electrical drawings.

Permits for site lighting.

Noise permits.

Street improvements such as traffic signals, streetlights or site lighting.

No power to VAV or VAT is provided (assuming a low-voltage control system by others).

Supply, installation, testing and commissioning of any variable frequency drives.

Working in energized electrical gear, or on energized electrical devices.

Commissioning.

Sealing of exterior roof and wall penetrations, which is further defined to exclude all flashings, waterproofing, roofing, acoustical sealants, removal and replacement of roof walk pads and any incidental work associated with the sealing of exterior roof and wall penetrations.

Any structural or drywall work needed for backing to install the new electrical scope.

Crane picks, crane rentals.

Low Voltage Systems i.e.

Fire Alarm, Nurse Call, Public Address, Intercom, Tele/Data, Security, Card Access, CCTV, Audio/Visual, DDC Controls
Any work other than what is specifically noted above.

Services Terms and Conditions: https://www.baker-electric.com/service-terms-sale Please call me on my cell if there are any questions regarding this proposal. This quotation is valid for (30) days from the date of proposal, and any modifications or amendments to this document must be in writing.

Sincerely,
Ben Skinner
Project Manager/Estimator
Phone (760) 745-2001 Option: 4
Fax: (760) 745-0321
Cell (858) 200-5942
CLIENT ACCEPTANCE SIGNATURE: _________________________________________________

CLIENT PRINTED NAME: _________________________________________________________

DATE OF ACCEPTANCE (mm/dd/yyyy): _______________________________________________ The signer is authorized to sign, and enter contracts on behalf of the buyer, and bind the buyer.

The buyer’s signature constitutes the buyer’s acceptance of terms in the following link:

Terms & Conditions: https://www.baker-electric.com/service-terms-sale Solar Inquiries: https://utilityapi.com/authorize/baker-electric

Secretary of State
Certificate of Status
I, SHIRLEY N. WEBER, PH.D., California Secretary of State, hereby certify:

The above referenced entity is active on the Secretary of State's records and is authorized to exercise all its powers, rights and privileges in California.

This certificate relates to the status of the entity on the Secretary of State’s records as of the date of this certificate and does not reflect documents that are pending review or other events that may impact status.

No information is available from this office regarding the financial condition, status of licenses, if any, business activities or practices of the entity.

Active
Entity Name:

Entity No.:

Registration Date:

Entity Type:
0305677
07/01/1955
Limited Liability Company - CA
Status:

Formed In: CALIFORNIA

BAKER ELECTRIC & RENEWABLES LLC
IN WITNESS WHEREOF, I execute this certificate and affix the Great Seal of the State of California this day of February 23, 2024.

SHIRLEY N. WEBER, PH.D.

Secretary of State
Certificate No.:

To verify the issuance of this Certificate, use the Certificate No. above with the Secretary of State Certification Verification Search available at bizfileOnline.sos.ca.gov. 184977538
Contractor Information
Legal Entity Name

BAKER ELECTRIC & RENEWABLES LLC
Legal Entity Type
LLC
Status
Active
Registration Number
1000000466
Registration effective date
07/01/24
Registration expiration date
06/30/26
Mailing Address
1298 PACIFIC OAKS PLACE ESCONDIDO 92029 CA …
Physical Address
1298 PACIFIC OAKS PLACE ESCONDIDO 92029 CA …
Email Address
[email protected]
Trade Name/DBA
License Number (s)
CSLB:161756
Registration History
Effective Date Expiration Date
05/08/18 06/30/19
05/11/17 06/30/18
05/12/16 06/30/17
06/05/15 06/30/16
07/18/14 06/30/15
07/01/19 06/30/22
07/01/24 06/30/26
07/01/22 06/30/24
Legal Entity Information
Corporation Entity Number: 0305677
Member name(s):

Member Legal Name: Procal
Member Legal Entity Type: Corporation
Agent for service:

Agent of Service Name: Traci Couvillion
Agent of Service Mailing Address: 1298 Pacific Oaks Place Escondido 9202 Worker's Compensation
Do you lease employees through Professional Employer Organization (PEO)?: No Please provide your current worker's compensation insurance information below:

PEO Information
PEO
Name
PEO
Phone
PEO
Email
Insured by Carrier
Policy Holder Name: BAKER ELE

01 Construction
13 SI 10 USS 11 T.I. 09 Comm Solar 16 MCES 03 Controls
05 Special
Projects
14 Service
17 Build OPs 15 Transportation 12 LA
$5MM+ Ted Ted Ted Ted Ted Ted Ted Ted Ted Ted
up to $5MM Brian B Scott W Brian B Scott W Scott W Scott W Scott W Scott W Scott W Brian B $500k-$1MM Brian B Mike K Brian B Nick J Harold Harold C Harold C Harold C Scott W Chris O $100K-$500k Brian B Mike K Brian B Nick J Harold Matt N Philip B Philip B Scott W Chris O <100k Brian B Mike K Brian B Nick J Andrew S Matt N Philip B Philip B Scott W Chris O Note: Dean Betzold can sign Baker issued Service Contracts for Commercial Solar up to $10k, anything higher or non-standard goes to 14 Service. 01 Construction
13 SI 10 USS 11 T.I. 09 Comm Solar 16 MCES 03 Controls
05 Special
Projects
14 Service
17 Build OPs 15 Transportation 12 LA
ALL Ted Ted Ted Ted Ted Ted Ted Ted Ted Ted
$1MM+ Ted Ted Ted Ted Ted Ted Ted Ted Ted Ted
$500k-$1MM Brian B Scott W Brian B Scott W Scott W Scott W Scott W Scott W Scott W Chris O $150-$500k Brian B Mike K Brian B Nick J Harold C Harold C Harold C Harold C Scott W Chris O <$150k
Brian B, Jason R, Nick F,
Dan T, James O, Brian L
Steve S,
Jason H Ben W. Nick J Andrew S Matt N Philip B Ben S Jason R Chris O 10/1/2025
MSA
Joint Check Agreement
Lease
If Officer Signature is required
NDA
Prequals & Bid Submittals
Contract Signing Authorities
(Accounting to confirm appropriate signers on executed contracts) Any Contract Value that contains the following terms:

Personal Guarantee - Ted Must Sign (if guarantee cannot be rejected) Tolling Agreement
Liquidated Damages - If uncapped or cap exceeds 5%, or public job and > $5k/day, Email Ted for approval prior to signing.Letter of Intent (LOI) - If it requires Baker's signature, must be approved by Scott or Brian B prior to signing.

Subcontract Signing Authorities
(Accounting to confirm appropriate signers on executed subcontracts) Contract Value
Agreement to be Bound
Subcontract Value
Bonds (Bid, Payment, Performance)
Letter of Assent
Other Signing Authorities
TedTed, Brian M, Scott W, Brian B, Keith, Brian Andrews (IT related NDAs)Ted, Brian M, Scott W, Keith, Harold C., Joel R., Brian B., Mike K., Oscar C.Ted, Brian M, Scott W, KeithTed, Brian M.Brian M.Ted, Brian M.Ted, (Brian M. renewals)TedTed

EXHIBIT C

TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS

1. This Agreement calls for services that, in whole or in part, constitute “public works” as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code (“Chapter 1”). Further, Contractor acknowledges that this Agreement is subject to (a) Chapter 1 and (b) the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. Therefore, as to those Services that are “public works”, Contractor shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein.

2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above.

3. Contractor shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725.5, and has provided proof of registration to City prior to the Effective Date of this Agreement. Contractor shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5. Contractor and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If Contractor or any subcontractor ceases to be registered with DIR at any time during the duration of the project, Contractor shall immediately notify City.

4. Pursuant to Labor Code Section 1771.4, Contractor’s Services are subject to compliance monitoring and enforcement by DIR. Contractor shall post job site notices, as prescribed by DIR regulations.

5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request.

Contractor acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Contractor shall post such rates at each job site covered by this Agreement.

6. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. Contractor shall, as a penalty to City, forfeit $200.00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor.

7. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform City of the location of the records.

8. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Code of Regulations, Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement.

9. Contractor shall not perform work with any Subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. Contractor and subcontractors shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. If Contractor or any subcontractor becomes debarred or suspended during the duration of the project, Contractor shall immediately notify City.

10. Contractor acknowledges that eight hours labor constitutes a legal day’s work.

Contractor shall comply with and be bound by Labor Code Section 1810. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. Contractor shall, as a penalty to City, forfeit $25.00 for each worker employed in the performance of this Agreement by Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work performed by employees of Contractor in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay.

11. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”

12. For every subcontractor who will perform work on the project, Contractor shall be responsible for such subcontractor’s compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Contractor shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor’s compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages.

Contractor shall diligently take corrective action to halt or rectify any failure.

13. To the maximum extent permitted by law, Contractor shall indemnify, hold harmless and defend (at Contractor’s expense with counsel reasonably acceptable to City) City, its officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Contractor, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys’ fees, and other related costs and expenses. All duties of Contractor under this Section shall survive the termination of the Agreement.

Agenda Item I

AGENDA STAFF REPORT
DATE: June 22, 2026
TO: Honorable Mayor and City Council
THRU: Patrick Gallegos, City Manager
FROM: Iris Lee, Director of Public Works
SUBJECT: Approving and Authorizing the Purchase of an Industrial Power Sweeper for Coastal and Street Grooming
Operations
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council adopt Resolution 7795:

1. Approving and authorizing the purchase for (1) Haacker Total Clean PowerBoss Armadillo 9X Industrial Power Sweeper from Haacker Total Clean pursuant to the Cooperative Purchase Contract with the Los Angeles Community College District Master Agreement Contract #40590, in accordance with the cooperative purchasing procedures set forth in Seal Beach Municipal Code Section 3.20.025(D), in the not-to-exceed amount of $66,726.23; and,

2. Approving and directing the City Manager to approve purchase orders and any necessary related documents for the industrial power sweeper purchase; and,

3. Approving and authorizing the City Manager to surplus existing equipment upon the receipt of the new equipment purchases.

BACKGROUND AND ANALYSIS:

The City of Seal Beach (City) currently maintains approximately 1.75 miles of stateowned beaches and conducts routine maintenance along the coastline. One of the several actions that is conducted to provide proper maintenance and upkeep is ensuring clear paths of travel and aesthetically pleasing boardwalks, walkways and parking lots. Due to the City’s proximity to the beach, each one of these areas is susceptible to sand, trash and debris buildup from the wind, vehicle traffic, and general foot traffic. Staff addresses this by utilizing existing motorized equipment such as an industrial power sweeper to augment manual hand tools and basic equipment to clear said areas.

Page 2 ends

The City’s existing sweeper has been in service for over 13 years, exceeding the manufacturer’s recommended replacement interval of 10 years. In addition to its age, the equipment operates in a harsh coastal environment where exposure to sand, salt air, and moisture accelerates wear and corrosion. As a result, this unit has become less efficient and has experienced increased downtime due to more frequent repairs. Continued operation of the current unit is no longer economically viable and operationally desirable, and it is in the best interest of the City to replace the unit with a new, more relevant unit.

Staff evaluated available similar industrial sweepers from multiple manufacturers and recommends replacing the existing sweeper with a Haacker Total Clean PowerBoss Armadillo 9X Industrial Rider Sweeper (Sweeper). Based on research and field demonstrations, the Sweeper has shown itself to be more operationally reliable and efficient, as well as being fully capable of working in a coastal environment. This Sweeper also demonstrates operational versatility, with the ability to collect a wide range of debris, in contrast to the existing industrial sweeper, which solely picks up smaller debris. This specific industrial sweeper not only outperforms the technical specifications of the existing sweeper, but also does not sacrifice equipment size, leading to more efficient storage.

The Sweeper is an off-road unit with a Gross Vehicle Weight Rating (GVWR) of less than 8,500 pounds and is powered by propane. Based on these specifications, the unit is not subject to the California Advanced Clean Fleets (ACF) Regulation.

In addition, this purchase is an eligible use of Assembly Bill 2766 (AB2766) Motor Vehicle Subvention Funds, which the City receives through quarterly allocations from the South Coast Air Quality Management District (SCAQMD) for qualifying air pollution reduction programs and projects.

Haacker provided a proposal, dated May 28, 2026, in the amount of $66,726.23 pursuant to the Cooperative Purchase Contract with the Los Angeles Community College District, master agreement contract #40590, in accordance with the cooperative purchasing procedures set forth in Seal Beach Municipal Code Section 3.20.025(D).

This equipment replacement would additionally provide less frequent grooming passes along boardwalks, walkways, and lots which further reduce staff time dedicated to this task, enabling more time allocations toward a higher level of service for all residents and visitors alike.

ENVIRONMENTAL IMPACT:

This item is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the state CEQA Guidelines because it can be seen with certainty that approval the proposed administrative action will not have a significant impact on the environment.

Page 3 ends

LEGAL ANALYSIS:

The City Attorney has approved the resolution as to form.

FINANCIAL IMPACT:

The following is a price breakdown of each of the equipment unit described above from a quote obtained by Haacker Total Clean:

Description Amount
Industrial Power Sweeper, Qty: 1 $ 66,726.23
Total $ 66,726.23

Funds will be expensed from the following accounts:

Account Description Amount
204-500-0700-51280 AB2766 Contract Professional
AQMD
$66,000.00
106-500-0863-52100 Tidelands - Equipment and
Materials
$726.23
Total $66,726.23
This item is already budgeted and will be expensed in the adopted FY 2026-2027 budget. Any unspent funds will be returned to the original funding source.

RECOMMENDATION:

That the City Council adopt Resolution 7795:

2. Approving and directing the City Manager to approve purchase orders and any necessary related documents for the industrial power sweeper purchase; and,
Approving and authorizing the City Manager to surplus existing equipment upon the receipt of the new equipment purchases.

Page 4 ends

SUBMITTED BY: NOTED AND APPROVED:

Iris Lee Patrick Gallegos
Iris Lee, Director of Public Works Patrick Gallegos, City Manager Prepared by: Sean Low, Deputy Public Works Director – Maintenance and Utilities ATTACHMENTS:

A. Resolution 7795
B. Los Angeles Community College District Cooperative Purchase Agreement #40590
RESOLUTION 7795

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL

APPROVING AND AUTHORIZING THE PURCHASE OF AN

INDUSTRIAL POWER SWEEPER FOR COASTAL AND STREET

GROOMING OPERATIONS
WHEREAS, the City owns and maintains the boardwalks, walkways, and parking lots along the coastline; and,
WHEREAS, due to the City’s proximity to the beach, areas such as boardwalks walkways, and parking lots are susceptible to sand, trash, and debris buildup from the wind, vehicle traffic, and general foot traffic; and, WHEREAS, City staff addresses this by utilizing existing motorized equipment such as an industrial power sweeper to augment manual hand tools and basic equipment to clear said areas; and,
WHEREAS, the City’s existing industrial power sweeper has been in service for over thirteen (13) years, which is well over the manufacturer’s suggested replacement interval of ten (10) years; and,
WHEREAS, the City’s existing industrial power sweeper’s increased age has led to inefficient coastal grooming operations and increased downtime due to frequent repairs; and,
WHEREAS, the City intends to purchase this equipment pursuant to the Cooperative Purchase Contract with the Los Angeles Community College District Master Agreement Contract #40590, in accordance with the cooperative purchasing procedures set forth in Seal Beach Municipal Code Section

3.20.025(D); and,
WHEREAS, the City desires to purchase one (1) Haacker Total Clean PowerBoss Armadillo 9X Industrial Power Sweeper, which has demonstrated to be multipurpose, more operationally reliable and efficient, as well as being fully capable of working in a coastal environment.

NOW, THEREFORE, the Seal Beach City Council does resolve, declare, determine, and order as follows:

Section 1. The City Council hereby authorizes the purchase for (1) Haacker Total Clean PowerBoss Armadillo 9X Industrial Power Sweeper from Haacker Total Clean pursuant to the Cooperative Purchase Contract with the Los Angeles Community College District Master Agreement Contract #40590, in accordance with the cooperative purchasing procedures set forth in Seal Beach Municipal Code Section

3.20.025(D), in the not-to-exceed amount of $66,726.23.

Section 2. The City Council hereby authorizes and directs the City Manager to approve purchase orders and any necessary related documents for the industrial power sweeper purchase.

Section 3. The City Council hereby authorizes the City Manager to surplus existing equipment upon the receipt of the new equipment.

PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 22nd day of June 2026 by the following vote:

AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members

Lisa Landau, Mayor
ATTEST:

Gloria D. Harper, City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7795 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 22nd day of June 2026.

Gloria D. Harper, City Clerk
5/4/23, 6:06 AM BoardDocs® Plus
https://go.boarddocs.com/ca/laccd/Board.nsf/Public 1/1
Agenda Item Details
Motion & Voting
Meeting May 03, 2023 - Regular Board Meeting
Category X. FACILITIES ITEMS
Subject 9. Master Procurement Agreements to provide Custodial Equipment and Supplies District-wide Type Action
Budget Source Funding is through Proposition A/AA, Measures J/CC/LA Bond proceeds, General Funds, and all other funding sources as applicable.

Recommended
Action
Authorize a Purchase Agreement with WAXIE’s Enterprises, LLC D/B/A Waxie Sanitary Supply, Haaker Equipment Company D/B/A Total Clean Equip., and Signal Hill Auto Enterprises, Inc.

D/B/A Supply Solutions for Custodial Equipment and Supplies for use District-wide for three (3) base years, plus two (2) one (1) year option periods, from start date of May 4, 2023 or as soon thereafter as possible in consideration of the guaranteed product discounts as stated.

Background
This proposed Agreement is identified for award at the not to exceed amount of $2,000,000 to three vendors.

Purchase Agreements are the result of a formal competitive request for bid and are priced at the responsive bids received using the discount for benchmark items and warranty coverage. Participants in the request for bid process are advised in advance of this selection process and they must agree to abide by it in order to participate.

There were four responsive proposers, and the awardees are:

1. WAXIE’s Enterprises, LLC D/B/A Waxie Sanitary Supply

2. Haaker Equipment Company D/B/A Total Clean Equip.

3. Signal Hill Auto Enterprises, Inc. D/B/A Supply Solutions The award is for 17 items.

Submitted by: Rueben C. Smith, D.C.Sc., Chief Facilities Executive Attachment 1 - Purchase Agreements for Custodial Equipment and Supplies.pdf (106 KB) Authorize a Purchase Agreement with WAXIE’s Enterprises, LLC D/B/A Waxie Sanitary Supply, Haaker Equipment Company D/B/A Total Clean Equip., and Signal Hill Auto Enterprises, Inc. D/B/A Supply Solutions for Custodial Equipment and Supplies for use District-wide for three (3) base years, plus two (2) one (1) year option periods, from start date of May 4, 2023 or as soon thereafter as possible in consideration of the guaranteed product discounts as stated.

Motion by Kelsey K Iino, second by Nichelle M Henderson.

Final Resolution: Motion Carries
Yea: Andra Hoffman, Nichelle M Henderson, Kelsey K Iino, Sara Hernandez, Gabriel Buelna, Steven F Veres, David Vela Contract 40590
Haaker Equipment

DELIVERY LOCATIONS
FOR

THE LOS ANGELES COMMUNITY COLLEGE DISTRICT
The Los Angeles Community College District consists of the following nine (9) colleges and the Educational Services Center. Deliveries for all orders purchased through the building program (“BuildLACCD”) will be at the direction of the Relocation Project Manager (“RPM”) and will be provided when a Quote is requested and included in an Order.

DISTRICT MAIN COLLEGES

EAST LOS ANGELES COLLEGE LOS ANGELES PIERCE COLLEGE
(“ELAC”) (“LAPC”)
1301 Avenida Cesar Chavez 6201 Winnetka Avenue
Monterey Park, CA 91754 Woodland Hills, CA 91371

LOS ANGELES CITY COLLEGE LOS ANGELES SOUTHWEST COLLEGE
(“LACC”) (“LASC”)
840 Heliotrope Drive 1600 West Imperial Highway
Los Angeles, CA 90029 Los Angeles, CA 90047

LOS ANGELES HARBOR COLLEGE LOS ANGELES TRADE-TECHNICAL COLLEGE (“LAHC”) (“LATTC”)
1111 Figueroa Place 2100 S. Flower St.

Wilmington, CA 90744 Los Angeles, CA 90007

LOS ANGELES MISSION COLLEGE LOS ANGELES VALLEY COLLEGE
(“LAMC”) (“LAVC”)
13356 Eldridge Avenue 5800 Fulton Ave.

Sylmar, CA 91342 Van Nuys, CA 91401

WEST LOS ANGELES COLLEGE
(“WLAC”)
4800 Freshman Drive
Culver City, CA 90230

ADDITIONAL LOCATIONS

EDUCATIONAL SERVICES CENTER BUILDLACCD PROGRAM MANAGEMENT OFFICE (“ESC”) (“PMO”)
770 Wilshire Blvd., Staff Service 7th 1055 Corporate Center Drive Los Angeles, CA 90017 Monterey Park, CA 91754

SATELLITE COLLEGE(S)

SOUTHGATE EDUCATIONAL CENTER
2525 Firestone Boulevard
Southgate, CA 90280
District-wide Procurement
Custodial Equipment and Supplies
Procurement #FE-23-04-RFB
Delivery Locations

Page 1 of 1 ends

EXHIBIT H
VENDOR’S BID

SUBSTITUTION REQUEST FORM
Los Angeles Community College District
Sustainable Building Program
Only one (1) request for Substitution for each product will be considered. Use a separate Substitution Request Form for each proposed Substitution per Product Classification/Item.

TO: LOS ANGELES COMMUNITY COLLEGE DISTRICT
DISTRICT-WIDE PROCUREMENT: CUSTODIAL EQUIPMENT AND SUPPLIES PROCUREMENT NO.: FE-23-04-RFB
Bidder requests substitution of the following material, product, or item (as found on Exhibit "C").

All Substitutions must include the Minimum Performance & Service Specifications on Exhibit "A".

BID SPECIFICATION - Copy from Exhibit "C"
Classification
Classification C: Sustainable Sweeping Machines and Accessories Item # Item Description Baseline Product - Brand
Green Machine Tennant (Green Machine)
SUBSTITUTION SPECIFICATION - Enter Proposed Product Substitution Details Brand Name
Madvac
PROVIDE A RESPONSE TO EACH QUESTION.

Substitution Product Description
Air Sweeper - LS175, LS125, LN50, LR50
Supplier agrees to provide originally specified item in the event substitution request is denied? Tennant has discontinued the Green Machine line.

Yes: 0 No: Ex
Does the Substitution affect dimensions defined in the original specifications, if applicable? If yes, clearly indicate changes below.

Yes: 0 No: 51
Attach product data, comparing Key Performance Requirements defined in Exhibit C to the requested Substitution item on one page in the format provided.

Submitted By:

Bidder: Haaker Equipment Company (DBA Total Clean Equipment) By:
(Type or Print Complete Legal Name of )
/2446e0.04.&
Signature)
t) , ez, 5 0.(irAy ent
Title: Ruben Ortiz, Account Manager
Date: 4/6/2023
Aek,- •
SPACE RESERVED FOR DISTRICT USE ONLY:

Decision on Request(s):

Completed By: Irene Cua-Garcia fe,g
District Position: Contract Administrator
Grant 0 Deny
Date: 04/07/2023
Districtwide Procurement
Custodial Equipment and Supplies
Procurement #FE-23-04-RFB
Substitution Request Form
1 of 1

SUBSTITUTION REQUEST FORM
Los Angeles Community College District
Sustainable Building Program
Supplier Name Hooker Equipment Company (DBA Total Clean Equipment) Procurement Bid CUSTODIAL EQUIPMENT AND SUPPLIES Proc. # FE-23-04-RFB Classification Classification C: Sustainable Sweeping Machines and Accessories Item # Tennant (Green Machine) Key Performance Requirements
(Copy from Exhibit C and add additional criteria as desired) Equal or Better Product for
Consideration Baseline Product
(Insert Brand Name Here) (Insert Brand Name Here)
List each Key Performance Requirement on a separate line (Indicate Yes/No to each) (Indicate Yes/No to each) Diesel Powered Air/Vacuum Sweeper, compact Madvac LS175 YES Tennant (Green Machine 636) Battery Powered Air/Vacuum Sweeper, compact Madvac LS125 YES Tennant (Green Machine 500e) Diesel Powered Air/Vacuum Sweeper, compact Excelway B200 YES Tennant (Green Machine 955) Diesel Powered Air/Vacuum Sweeper, compact Madvac LITLR50 YES N/A Battery Powered Air/Vacuum Sweeper, compact Madvac LN/LR50e YES N/A The Madvac L5175 and LS125 are equivalent in function to the Green Machine but are superior in ease of use, parts availability,warranty and service.

Tennant discontinued the Green Machine in 2018. It is now a seprate company with manufacturing in Madagascar and distribution monstly in the UK.

Additional Key Advanced Features
District-wide Procurement
Custodial Equipment and Supplies
Procurement #FE-23-04-RFB
Substitution Request Form
Substitution Comparison
1 of 1

EXHIBIT A

MINIMUM PERFORMANCE AND SERVICE REQUIREMENTS
Listed below are the specific minimum performance and service requirements for the Custodial Equipment and Supplies Request for Bid (RFB). This form must be completed and submitted with the RFB. The completed form of the following Minimum Performance & Service Requirements must be executed where noted by a responsible and authorized employee or officer of the Supplier submitting the RFB. Each requirement includes a specific explanation of its value to the Colleges and District, and is considered mandatory to provide.

If a Supplier does not agree to all the requirements in this Exhibit, they may be found nonresponsive.

Criterion/
Category Item Requirement Justification
-AManufacturer
Requirements
1 All products submitted shall be of
Institutional and/or Industrial quality used
in demanding and harsh environments;
must be designed to provide up to fifteen
(15) useable life to the District.

Provides the District with the assurance that
the products will retain value and
performance while being used in a
demanding environment.
2 All products must be specifically designed
for a commercial (not residential or
occasional use) application.

Assures the District that no product that
cannot withstand the rigors of this
environment will be procured.
3 All products must carry a warranty
inclusive of parts (and labor) for at
least one (1) to five (5) years,
available through either the
Manufacturer or the Authorized
Servicing agency.

Reduces potential output of resources over
the life of the product and that the product
will remain in operation without expending
additional funds.
4 All products must be capable of being
maintained by locally trained and certified
personnel.

Assures the District that products will be
promptly serviced with minimal downtime.
5 All warranty documentation must be
provided in both soft and hard copies to
the District within ten (10) days of product
receipt. District may withhold invoice
payment if not received.

Ensures that proper documentation is
received in a timely manner by the District,
reducing potential loss of data.
6 All products will be considered FOB
Destination (the College purchasing the
equipment), as directed by the District,
with the Vendor managing all freight
claims following shipment from the
factory. Vendor will not invoice the
District for replacement of freightdamaged product regardless of future invoice credit potential.

Reduces labor costs for District to manage
additional paperwork for details that are
outside of their control, resulting in financial
savings.

District-wide Procurement
Custodial Equipment and Supplies
Procurement #FE-23-04-RFB
Minimum Performance and Service Requirements

Page 1 of 4 ends

EXHIBIT A

MINIMUM PERFORMANCE AND SERVICE REQUIREMENTS
Criterion/
Category Item Requirement Justification
-AManufacturer
Requirements
(cont'd)
7 Provide local manufacturer representation
(may be in addition to a dealer
representative) who will facilitate product
specification accuracy, technical
specifications for building interface,
project scheduling, shipment and
warranty issues with Service Provider.

Assures effective communication between
factory and District, which can save money
for the District during the project and in the
future; requires Vendor to produce adequate
documentations of technical requirements for
other project Vendors, reducing potential
mistakes or delays.
-BService
Requirements
1 Provide all technical information to the
Relocation Project Manager (RPM) in
electronic format in the timeframe
required by the project, including scope of
requirements by others necessary to
make product functional, and timing of
Purchase Orders.

Reduces the potential for product being
ordered at the wrong time, information being
lost or misplaced, proper coordination timing
for items attached to buildings, and allowing
data to be easily transmitted to other service
providers, as needed.
2 Vendor must inspect item(s) upon receipt
at vendor location, perform incidental
assembly, set in place, confirm operability
of all products, remove all packaging
materials, and manage freight claims, as
needed, to stay within agreed upon
schedule. Assume responsibility for site
damage, as needed. Communicate any
changes or concerns immediately in
writing with RPM.

Assures smooth delivery process of all
items; assures the District that all services
necessary to make the products function are
addressed.
3 Vendor must test provided item(s) for
operability, and adjust as required;
remove all packaging from site.

Confirms product viability at time of delivery,
reducing downtime.
4 Execute Punch List review of all
purchased items with RPM, and complete
Punch List items within seven (7)
business days, preferably prior to building
occupancy. All products must be
accounted for, and accepted in writing, by
RPM.

Assures District that all services necessary
to make the products functional for the
College have been addressed properly and
in a timely manner.
5 Assume all financial responsibility for
extra handling, storage or other required
services if the product arrives ahead of
identified project schedule. District
agrees to confirm the project schedule
and delivery timing no later than three (3)
weeks prior to target date.

Assures supplier ownership of
Manufacturers' performance and project
success, reducing costs; sets realistic
expectations for communications between
the supplier and the District.

District-wide Procurement
Custodial Equipment and Supplies
Procurement #FE-23-04-RFB
Minimum Performance and Service Requirements

Page 2 of 4 ends

EXHIBIT A

MINIMUM PERFORMANCE AND SERVICE REQUIREMENTS
Criterion/
Category Item Requirement Justification
-BService
Requirements
(cont'd)
6 Vendor must provide one (1) free detailed
training on the operation of the units
provided to pre-determined College staff
following delivery.

Reduces the potential downtime for the
College due to unfamiliarity with new
equipment.
7 Respond to post-installation requirements
within forty-eight (48) hours of request,
and fulfill all replacement requirements
within seven (7) business days.

Reduces the potential downtime for the
College in cases of product malfunction or
warranty issues.
8 Provide project quotations, asset roll-ups,
and invoicing per District's established
protocol. Vendor must accommodate
District requirements for Quotes, Invoice
Format, Timing, and other relevant order
details.

Reduce time delays for issuance of
Purchase Orders and expedites payment to
Vendor by reducing potential communication
issues.
9 All warranty documentation must be
provided in both soft and hard copies to
the District within ten (10) days of product
receipt. District may withhold invoice
payment if not received.

Reduces the potential for information not
being provided to the District.
10 Vendor agrees to provide the appropriate
material handling equipment — pallet
jacks, four and two-wheel dollies, etc. —
necessary for inside delivery of all
products.

Reduces costs to the College by reducing
additional staffing to move equipment into
the building.
11 Vendor agrees to deliver all products to
the location or building indicated by the
College representative. No deliveries are
to be off-loaded at the facilities
department without prior written consent
of the College.

NOTE: Addresses in Exhibit B — Delivery
Locations are for reference and logistic
considerations ONLY. The final delivery
Reduces cost to the Colleges by eliminating
College facilities involvement and redelivery.
location will be provided in an Order or by
the College representative.

District-wide Procurement
Custodial Equipment and Supplies
Procurement #FE-23-04-RFB
Minimum Performance and Service Requirements

Page 3 of 4 ends

EXHIBIT A

MINIMUM PERFORMANCE AND SERVICE REQUIREMENTS
Criterion/
Category Item Requirement Justification
-BService
Requirements
(cont'd)
12 Using the Key Performance
Requirements listed in Exhibit C —
Technical Specifications, recommend
only those specific manufacturer's
product solutions that best meet the
Requires Manufacturer to have intimate
knowledge of both District needs and
manufacturing capability, increasing the
probability that effective and appropriate
solutions will be presented.

District business requirements. It is the
Vendor's responsibility to make that
determination and recommend only
products that demonstrate those inherent
qualities.
13 Communicate any and all changes to the
schedule, requirements, or expectations
in writing, addressed to the District
contact and copied to purchasing contact.

Agency commits to providing written
confirmation of site availability for
installation no later than three (3) weeks
prior to scheduled date.

Reduces the possibility of verbal commands
that could incur expense to the District.

Provides Vendor with assurance that spaces
will be ready for installation in time to allow
production can be delayed without financial
impact to the Vendor.
14 Protect all areas of Vendor product
installation, conveyances and paths of
travel from damage due to transport or
installation of Vendor products. Assume
responsibility for site damage caused by
Vendor crews and sub-contractors.

Resolve issues within ten (10) days.

Reduces costs to District as well as potential
delays to opening new facilities.

I have read and understood the expectations defined in Exhibit A: Minimum Performance and Service Requirements.

Wilson Shyu
Name: Supplier:

Title:

General Manager
Signature:

District-wide Procurement
Custodial Equipment and Supplies
Procurement #FE-23-04-RFB
Date:

Haaker Equipment Company
04/17/2023
Minimum Performance and Service Requirements

Page 4 of 4 ends

EXHIBIT C

BID FORM
Name of Bidder: Haaker (Total Clean) Equipment Co.

Address: 2070 N. White Ave.

City, State, Zip: La Verne, CA 91750
TO: The Los Angeles Community College District, acting by and through its Board of Trustees, herein called the "District".

Pursuant to the Notice to Bidders, the undersigned Bidder, haying carefully examined all of the Bidding Documents, proposes and agrees to furnish, in accordance with the Bidding Documents and Modified by all Addenda issued prior to submission of this Bid (including, without limitation, the Terms and Conditions) all things necessary for the undersigned to furnish the below-listed Goods to the Los Angeles Community College District for the following discounts.

Item No. Item Description Discount off List (Product Only) - Stated in Number Percentages Classification A: Cleaning Equipment and Accessories (Listed Brands or Equal) 1 Vacuums - Upright, Canister, Wide Area, Lightweight Backpack, Wet-Dry, and Accessories
Advance/ Nilfisk CleanMax IPC Eagle NSS ProTeam Sanitaire Windsor/ Karcher

30.00% 30.00% 20.00% 30.00% 30.00% 30.00% 30.00%
Average Discount for Line 1: 28.57%
2 Floor Burnishers, Floor Scrubbers, Sweepers,
Sweepers/Scrubbers, Multi-Surface Cleaners, Push/Ride on Cleaners, Orbital Auto Scrubbers, and Accessories
Advance/ Nilfisk
ICE intelligent
Cleaning
Equipment
NSS ProTeam Viper Windsor/
Karcher

25.00% 25.00% 25.00% 25.00% 25.00% 25.00%
Average Discount for Line 2: 25.00%
3 Restroom Cleaning Equipment and Accessories
KaivacNersa MotorScrubber Square
Scrub

30.00% 30.00% 30.00%
Average Discount for Line 3: 30.00%
4 Pressure Washers and Accessories Hydro Tek Windsor/
Karcher

25.00% 25.00%
Average Discount for Line 4: 25.00%
5 Carpet Cleaning Equipment, Carpet Cleaners, Dual
Cleaner/Extractor, Canister Extractor and Carpet Extractors, and Accessories
Advance/ Nilfisk NSS Viper Windsor/
Karcher

30.00% 30.00% 30.00% 30.00%
Average Discount for Line 5: 30.00%
6 Gum Cleaners, Steam Cleaners, and Accessories
Windsor/
Karcher

10.00%
Average Discount for Line 6: 10.00%
7 Window Cleaning Equipment, DI Pure Water System, Hydro Power Equipment, Squeegees, and Accessories
Unger

25.00%
Average Discount for Line 7: 25.00%
Bid Form
District-wide Procurement
Custodial Equipment and Supplies
Procurement #FE-23-04-RFB
1 of 3

EXHIBIT C

BID FORM
Item No. Item Description Discount off List (Product Only) - Stated in Number Percentages 8 Portable Cooler, Portable Air Conditioners, Air Purifiers, and Accessories
PortaCool

0.00%
Average Discount for Line 8: 0.00%
9 Odor Abatement Equipment and Accessories
Fresh Wave IAQ

0.00%
Average Discount for Line 9: 0.00%
10 Road Sweepers and Accessories
NIIfisk Windsor/
Karcher

17.67% 17.67%
Average Discount for Line 10: 17 67%
11 General Cleaning Parts & Supplies - Buckets, Wringers, Containers, Mops, Brooms, Dust Pan, Sprayer, Cloths, Step Ladders, Squeegee, Scrapers, Brushes, Dollies, Hoses,
Signage, Toilet Bowl Cleaners, Carts, Air Mover, Chemicals, etc. 3M Advance/
Nilfisk
Impact Rubbermaid Safety Zone Spartan Windsor/
Karcher

0.00% 17.67% 0.00% 0.00% 0.00% 0.00% 17.67%
Average Discount for Line 11: 5.05%
Overall Average Discount for Classification A: 17.84%
Classification B: Tennant Cleaning Equipment and Accessories (Listed Brand or Equal) 12 Floor Burnishers, Floor Scrubbers, Sweepers,
Sweepers/Scrubbers, Multi-Surface Cleaners, Push/Ride on Cleaners, Orbital Auto Scrubbers, Carpet Extractors, Vacuums, Specialty Cleaning Equipment, Dryers, and Accessories
Tennant

17.67%
13 General Cleaning Parts & Supplies
Tennant

20.00%
Overall Average Discount for Classification B: 18.84%
Classification C: Sustainable Sweeping Machines and Accessories (Listed Brand or Equal) 14 Sustainable Sweepers (Ride-on/Walk Behind) and Accessories Green Machines Madvac

17.00% 17.00%
Average Discount for Line 14: 17.00%
15 General Cleaning Parts & Supplies
Green Machines Madvac

17.00% 17.00%
Average Discount for Line 15: 17.00%
Overall Average Discount for Classification C: 17.00%
Bid Form
2 of 3
District-wide Procurement
Custodial Equipment and Supplies
Procurement #FE-23-04-RFB

EXHIBIT C

BID FORM
Item No. Item Description Discount off List (Product Only) - Stated in Number Percentages Classification D: Enclosed Road Sweepers and Accessories (Listed Brand or Equal) 16 Enclosed Road Sweepers and Accessories
Nighthawk

10.00%
17 General Cleaning Parts & Supplies Nighthawk

10.00%
Overall Average Discount for Classification D: 10.00%
NOTE: THE BID DISCOUNT IS THE MINIMUM COMPETITIVE DISCOUNT OFFERED ON PRODUCT ONLY FOR THE TERM OF THE CONTRACT. APPLICABLE THIRD PARTY FREIGHT, DELIVERY, ANY OTHER FEES AND SALES TAX WILL BE QUOTED SEPARATELY AT THE TIME OF THE QUOTE.

Additional Unit Pricing for Ancillary Products and Services Item No. Bid Item Description No. of Units for
Bidding
Delivered Bid
Price Stated in
Figures
15 Contract rates for services required above and beyond those defined in the Standard Scope of Work defined in Exhibit A: Mandatory Performance and Service Requirements (attach separate page for additional rate details as needed)
Carry Up Labor/Regular 1 (ONE) HOUR $ 158.00
Carry Up Labor/Over Time 1 (ONE) HOUR $ 237.00
Installer or Technician Labor/Regular 1 (ONE) HOUR $ 158.00 Installer or Technician Labor/Over Time 1 (ONE) HOUR $ 237.00 Storage Rates per Cubic Foot, Beyond 30 Days 1 (ONE) CU FT $ Additional Training Beyond Initial Set-up 1 (ONE) HOUR $ Lifting or Moving Equipment Services (Rental Per Hour) 1 (ONE) HOUR $ 158.00
16 Bid Item Description
Are you able to provide
preventative care on equipment if
required?
Preventative Care (to be priced at the time of the quote) Yes No I
Bid Form
District-wide Procurement
Custodial Equipment and Supplies
Procurement #FE-23-04-RFB
3 of 3
Exhibit C - Discount on Other Brands (Supplemental)
All Types of Floor Cleaning Equipment
& Accessories by Brand
Fill in the Minimum Discount on each Brand, or Equal, available for purchase so these brands get included in the awarded contract. List any other brands as desired. (You may attach a separate sheet if the table below is insufficient, and indicate the Classification its for).

Brand Discount
off List
Classification A:

All Other Brands 15.00%
3M 10.00%
Advance 25.00%
American-Lincoln 15.00%
Amarsco 15.00%
Aztec 25.00%
Betco 25.00%
CIMEX 0.00%
Clarke 25.00%
CleanMax 25.00%
Diamabrush 20.00%
Factory Cat 20.00%
IPC Eagle 20.00%
Impact 0.00%
Kaivac Cleaning Systems 20.00%
Karcher 20.00%
Koblenz 20.00%
Minuteman 20.00%
Motor Scrubber 20.00%
MYTEE 25.00%
Nacecare Solutions 25.00%
Nilfisk Advance 12.50%
Nobles 20.00%
NSS 20.00%
Onyx 0.00%
Pacific Floor Care 20.00%
Sanitaire 20.00%
Safety Zone 0.00%
SquareScrub 20.00%
Tennant 5.00%
VAPamore 0.00%
Viper 25.00%
Windsor 20.00%
Hydrotek 55.00%
Pressure-Pro 55.00%
Powerboss W/B 25.00%

0.00%
District-wide Procurement
Custodial Equipment and Supplies
Procurement #FE-23-04-RFB
List Other Brands Discount
off List
Classification B:

All Other Brands 15.00%
3M 10.00%
Advance 25.00%
American-Lincoln 15.00%
Amarsco 15.00%
Aztec 25.00%
Betco 25.00%
CIMEX 0.00%
Clarke 25.00%
CleanMax 25.00%
Diamabrush 20.00%
Factory Cat 20.00%
IPC Eagle 20.00%
Impact 0.00%
Kaivac Cleaning Systems 20.00%
Karcher 20.00%
Koblenz 20.00%
Minuteman 20.00%
Motor Scrubber 20.00%
MYTEE 25.00%
Nacecare Solutions 25.00%
Nilfisk Advance 12.50%
Nobles 20.00%
NSS 20.00%
Onyx 0.00%
Pacific Floor Care 20.00%
Sanitaire 20.00%
Safety Zone 0.00%
SquareScrub 20.00%
Tennant 5.00%
VAPamore 0.00%
Viper 25.00%
Windsor 20.00%
Columbia Elect. Veh, 10.00%
Tennant Replacement Parts 10.00%
Powerboss SW Battery 20.00%

0.00%
List Other Brands Discount
off List
Classification C:

All Other Brands 15.00%
3M 10.00%
Advance 25.00%
American-Lincoln 15.00%
Amarsco 15.00%
Aztec 25.00%
Betco 25.00%
CIMEX 0.00%
Clarke 25.00%
CleanMax 25.00%
Diamabrush 20.00%
Factory Cat 20.00%
Green Machines 17.00%
IPC Eagle 20.00%
Impact 0.00%
Kaivac Cleaning Systems 20.00%
Karcher 20.00%
Koblenz 20.00%
Minuteman 20.00%
Motor Scrubber 20.00%
MYTEE 25.00%
Nacecare Solutions 25.00%
Nilfisk Advance 12.50%
Nobles 20.00%
NSS 20.00%
Onyx 0.00%
Pacific Floor Care 20.00%
Sanitaire 20.00%
Safety Zone 0.00%
SquareScrub 20.00%
Tennant 17.67%
VAPamore 0.00%
Viper 25.00%
Windsor 20.00%
Madvac/Excelway 17.00%
Columbia Elect. Veh. 10.00%
Powerboss I.C. units 15.00%
List Other Brands Discount
off List
Classification D:

All Other Brands 15.00%
3M 10.00%
Advance 25.00%
American-Lincoln 15.00%
Amarsco 15.00%
Aztec 25.00%
Betco 25.00%
CIMEX 0.00%
Clarke 25.00%
Clean Max 25.00%
Diamabrush 20.00%
Factory Cat 20.00%
IPC Eagle 20.00%
Impact 0.00%
Kaivac Cleaning Systems 20.00%
Karcher 20.00%
Koblenz 20.00%
Minuteman 20.00%
Motor Scrubber 20.00%
MYTEE 25.00%
Nacecare Solutions 25.00%
Nighthawk 10.00%
Nilfisk Advance 12.50%
Nobles 20.00%
NSS 20.00%
Onyx 0.00%
Pacific Floor Care 20.00%
Sanitaire 20.00%
Safety Zone 0.00%
SquareScrub 20.00%
Tennant 10.00%
VAPamore 0.00%
Viper 25.00%
Windsor 20.00%
Elgine 5.00%
Powerboss Rider Batt Scrbr 20.00%
Columbia Elect. Veh. 10.00%
Discount on Other Brands (Supplemental)
1 of 1

LOS ANGELES COMMUNITY COLLEGE DISTRICT

SUSTAINABLE BUILDING PROGRAM

EXHIBIT D

BID SHEET
THIS FORM EXHIBIT "D" AND REQUIRED DECLARATION AS INDICATED BELOW MUST BE COMPLETED IN ITS ENTIRETY OR YOUR BID MAY BE CONSIDERED NON-RESPONSIVE.
1) Classifications
Quantity of Classifications — Check all Classifications for which you are submitting a Bid:

A. Cleaning Equipment and Accessories 1
B. Tennant Cleaning Equipment and Accessories 1
C. Sustainable Sweeping Machines and Accessories 1
D. Enclosed Road Sweepers and Accessories 1
Max. Points 20
2) Resources
Key Personnel Resources — Provide the quantity of local in-house and sub-contracting staff capabilities available to the District for all project types for both initial installation and warranty work: (Provide a quantity of local personnel available: i.e. 4 customer service, 12 installation personnel, 6 delivery vehicles, etc.) Customer service personnel: 22
Service personnel : 15
Delivery team members: 10
Local delivery vehicles: 10
Total: 57
Max. Points 10
3) Community Economic Development ("CED") and Local, Small, Emerging and Disabled Veteran ("LSEDV") Certification
4) Price
Complete the CED and LSEDV Certification Form and attach applicable documents. If qualified, worth ten (10) points; if not qualified, worth zero (0) points. To be determined by the Program Management Office ("PM0").

Qualified CED and LSEDV Vendor - Add 10 Points
Based on the lowest price per Classification, an additional maximum of 60 points will be assigned to Exhibit "C" discount by Classification, for a total of 100 possible points per Classification.

Max. Points 60
District-wide Procurement
Custodial Equipment and Supplies
Procurement #FE-23-04-RFB
Bid Sheet
1 of 2
Print Name:

Signed By:

LOS ANGELES COMMUNITY COLLEGE DISTRICT

SUSTAINABLE BUILDING PROGRAM

EXHIBIT D

BID SHEET
5) Piggyback Acknowledgement
I acknowledge this Bid is for use by the California Community Colleges and other California Public Agencies as described in the Request for Bids (RFB), Section 4.1.14 PIGGYBACK CLAUSE.

Authorized Representative Initials WS
6) FOB Destination
CONFIRMATION: All orders placed by the District are to be priced with one training (as required in Exhibit "A" B.6), exclusive of any fees such as freight, delivery, and taxes. FOB Destination (cost borne by vendor).

Yes: I No:
7) Contract Acceptance
If awarded a contract as a result of this RFB it is acknowledged our firm will accept the terms and conditions of the Sample Agreement as posted or amended by Addenda at the Online Vendor Portal.

Yes: I No:

TO THE BOARD OF TRUSTEES OF THE LOS ANGELES COMMUNITY COLLEGE DISTRICT:

The undersigned Bidder, having become familiar with the Minimum Performance and Service Requirements (Exhibit "A"), Bid Form (Exhibit "C"), and Authorized 3rd Party Service Provider (Exhibit "F"), hereby offers to provide the Goods and Services described above and conforming to the specifications contained in the Request for Bid and the Contract requirements contined in the Purchase Agreement attached to this Requst for Bid.

Bidder: Haaker Equipment (DBA: Total Clean Equipment
(Print Complete Legal Name of Firm)
Wilson Shyu Title: General Manager, Total Clean
Date: 4/17/2023
District-wide Procurement
Custodial Equipment and Supplies
Procurement #FE-23-04-RFB
Bid Sheet
2 of 2

EXHIBIT E

BIDDER'S QUESTIONNAIRE
The Proposer shall furnish all the following information accurately and completely. Failure to comply with this requirement may render the response invalid and may cause its rejection. Additional sheets may be attached if necessary. "You" or "your" as used herein refers to the proposer's firm and any of its owners, officers, directors, shareholders, parties, or principals. The District has discretion to request additional information.

1. Your company has the capability of delivering Custodial Equipment and Supplies as defined in Exhibit A to all of the nine (9) District colleges.

Yes V No (if your answer is no, please define your limitations):

2. List a minimum of three (3) other educational facilities to which you have sold Custodial Equipment and Supplies.

LACCD, USC, UCLA, CSULB, CSULA, CSUN, Occidental, Pasadena City Collage, CalTech, LAUSD, Fullerton College, Cerritos College, CSUSB.... many more

3. Has your company ever filed any written declaration for bankruptcy protection, a potential merger or acquisition, office closure, pending lawsuits, and/or financial loss that might affect your ability to perform under this contract? Yes No El (if your answer is yes, please explain):

4. Has your firm ever been terminated or defaulted from a contract for any reason in the last five (5) years?
Yes n No rvi
(if answer is yes, please explain):

District-wide Procurement
Custodial Equipment and Supplies
Procurement #FE-23-04-RFB
Bidder's Questionnaire

Page 1 of 3 ends

EXHIBIT E

BIDDER'S QUESTIONNAIRE
List the person who should be contacted regarding the bid to answer any additional questions.

Ruben Ortiz (AM) or Wilson Shyu (GM) Name and Title
Phone
Cell Phone
(323) 485-4650
(818) 821-4735
Email Address rubeno@haakercom or wilsons@haakercom

5. Are you a sole proprietorship? If yes, please attach a copy of your business license.

Yes n No
If you are a corporation, furnish the number issued by the Secretary of State. ID# 644752
Verify the Entity Name and Entity Number for your firm by visiting the Secretary of State web site for your firm's state of incorporation (Inc.), limited liability company (LLC) or limited partnership (LP). For Californian entities the website is found here: California Secretary of State. Print and submit registration information from the Secretary of State website (see attached SAMPLE).

6. Piggyback Acknowledgement:

I acknowledge this bid is for use by the California Community Colleges and other California Public agencies as described in the Purchase Agreement, Section 4.5

OTHER DESIGNATED DISTRICTS AND AGENCIES
Authorized Representative Initials WS7 --

7. Would your firm be willing to provide trade-in value (to be negotiated at time of quote) for old equipment, with shipping being part of the Returned Materials Authorization (RMA) at no cost to the Participating Agency?
Yes WI No
District-wide Procurement
Custodial Equipment and Supplies
Procurement #FE-23-04-RFB
Bidder's Questionnaire

Page 2 of 3 ends

EXHIBIT E

BIDDER'S QUESTIONNAIRE

8. SB854 Compliance Certification:

I certify that my firm, and all contractors/subcontractors that I have identified in my proposal that will be conducting public works projects, are actively registered, or will be actively registered, with the Department of Industrial Relations (DIR) upon award, and will continue to be compliant with these registration requirements and all other requirements of SB 854 upon award of any contracts that entail public works projects. My firm, and all contractors/subcontractors that I have identified in my proposal, agree to provide a DIR number upon award. -*)
Authorized Representative Initials WS

9. Contract Acceptance:

If awarded a contract as a result of this RFB, it is acknowledged our firm will accept the terms and conditions of the Sample Agreement as posted or amended by Addenda at the Online Vendor Portal.

Name:

Title:

Signature:

Wilson Shyu
General Manager
Haaker Equipment Company Supplier:

Date: 04/17/2023
District-wide Procurement
Custodial Equipment and Supplies
Procurement #FE-23-04-RFB
Bidder's Questionnaire

Page 3 of 3 ends

LOS ANGELES COMMUNITY COLLEGE

DISTRICT

SUSTAINABLE BUILDING PROGRAM
(Submit to Project Manager at Time of Quote for Equipment Requiring Installation by 3rd Party Service Provider or Manufacturer)
Submit this information in the following Table format and include it at the time a quote is prepared. Exhibit "F"—Authorized 3rd Party Service Provider will be attached to Purchase Orders.

Required Format
Name Address City/State/ Zip
Code
Phone Number Contact
Person
Locator ID
Wilson Shyu 2070 N Whtie Ave. La Verne Ca 91750 (909) 598-2706 Wilson Shyu The Following requirements apply to 3rdParty Service Providers:

Item Requirement Justification
1 3 rd Party Service Provider agrees to provide Factory Certified Installation personnel. Accept full responsibility for project delays incurred due to slow installation by installation crew.

Reduces potential for costly project delays;
insures installation of products in safest
manner; reduces potential labor costs for
repairs after installation.
2 3 rd Party Service Provider receives, inspects, performs incidental assembly, sets in place, confirms operability of all equipment, handles all shipping claims, coordinates with Distributor and or Manufacturer to replace equipment damaged in transit, Coordinates with Distributor and or Manufacturer to replace equipment which arrives dead on arrival (DOA).

Assures the District all equipment is
operable on the building opening day and
all claims are managed by the 3' Party
Service Provider saving the District money.
3 3 rd Party Service Provider agrees to provide appropriate material handling equipment — pallet jacks, four and two wheel dollies, etc. — necessary for inside delivery and White Glove installation services.

Reduces cost to the college by eliminating
the need to add staff or sub-contractors.
4 ,rd 3 Party Service Provider agrees to provide an on-site, Project Manager (PM) with complete installation documentation and schedules at all times during installation (note: this may be a Factory Certified Lead Installer). The PM shall be proficient in the English language.

Assures excellent communication during
installation and prompt problem resolution
during the critical, final phase of the
building completion.
5 ,rd a Party Service Provider agrees to, at a minimum; meet once with the District PM overseeing the equipment installation no fewer than ten (10) days in advance of installation.

Creates communication channel between
District PM and 3" Party Service Provider
to facilitate a smooth installation and
review the site prior to installation.

District-wide Procurement
Custodial Equipment and Supplies
Procurement #FE-23-04-RFB
Authorized 3rd Party Service Provider

Page 1 of 2 ends

LOS ANGELES COMMUNITY COLLEGE

DISTRICT

SUSTAINABLE BUILDING PROGRAM
(Submit to Project Manager at Time of Quote for Equipment Requiring Installation by 3rd Party Service Provider or Manufacturer)
Item Requirement Justification
6 3rd Party Service Provider agrees to protect all areas of the site during installation including and not limited to the newly constructed space, path of travel and conveyances. 3 rd Party Service Provider assumes responsibility for site damage. Any damage to be repaired within ten (10) days.

Reduces costs to the District and assigns
responsibility to the 31d Party Service
Provider to repair any damages during
installation of equipment
7 3 rd Party Service Provider removes all trash and debris from site and leave broom clean daily.

Provides a clean space at the start of each
day; protects equipment already installed;
and provides a clean space at the end of
equipment installation.

Having read and understood the expectations defined in Exhibit "F": Authorized 3rd Party Service Provider.

Wilson Shyu Name:

Title:

Signature:

General Manager
Haaker Equipment Company Supplier:

Date: 04/17/2023
District-wide Procurement
Custodial Equipment and Supplies
Procurement #FE-23-04-RFB
Authorized 3rd Party Service Provider

Page 2 of 2 ends

EXHIBIT G

Haaker Equipment Company
In connection with the Request for Bids process, I hereby acknowledge that my firm has received and considered the following number of addenda issued for the Project:

Addendum No. Date Received
No. 1 04/11/2023
Total Number Addenda issued and reviewed:

By: Signature:

Print Name:

Title:

Date:
1 [insert total # of Addenda above]
Wilson Shyu
General Manager
04/17/2023
Corporation Name:

State of Incorporation:

Business Address:

Business Address 2:

Business Telephone:

Business E-mail:

Haaker Equipment Company
California
2070 N. White Ave.

La Verne, CA 91750
(909) 598-2706
818-821-4735
[Seal and Attest]
evyo
District-wide Procurement
Custodial Equipment and Supplies
Procurement #FE-23-04-RFB
Acknowledgement of Addenda

Page 1 of 1 ends

Los Angeles Community Colleges
City • East • Harbor • Mission • Pierce • Southwest • Trade-Technical • Valley • West

COMMUNITY ECONOMIC DEVELOPMENT (CED) PROGRAM AND LSEDV BUSINESS PARTICIPATION In accordance with Los Angeles Community College District ("LACCD) Board of Trustees established Community Economic Development Program which was reaffirmed on June 25, 2003 and January 15, 2014, points will be awarded to firms that are certified and/or verified to be a local, small, emerging, or disabled-veteran owned enterprise.

Applicant firm — Please check at least one of the following options and provide backup documentation:

V Local "Local" shall mean a business that has its principal headquarters located within Los Angeles County. A Local Business Enterprise is a business having its principal place of business in the County of Los Angeles for at least the preceding twelve months.

Certification from the County of Los Angeles as a LSBE; or Copy of Certification from the City of Los Angeles as LBE V Small "Small" as defined in the same terms established by the U.S. Small Business Administration www.sba.gov/content/am-i-small-business-concern
Submit Certification from the U.S. Small Business Administration or California public agency.

Emerging "Emerging" shall mean a small firm that has been in business in its substantially current form for up to five (5) years.

Submit company formation documentation in the same name as the Applicant.

Disabled
Veteran
"Disabled Veteran" as defined in the same terms established by the State of California Department of General Services. www.dqs.ca.qov/pd/Proarams/OSDS/DVBEEliqibilitvBenefits.aspx Submit current DVBE certification.

None of
the above
Applicant does not qualify under any of the above LSEDV Business Criteria.

Additional information being requested and will not be considered for the scoring of this submission as part of this RFQ process. Please check any of the following that are applicable:

Minority Business Enterprise Li Can a certification document be provided upon request? ("MBE")
Women Business Enterprise
("WBE")
LGBTQ
—47 Can a certification document be provided upon request? Can a certification document be provided upon request?
District-wide Procurement
Custodial Equipment and Supplies
Procurement #FE-23-04-RFB
CED and LSEDV Certification

Page 1 of 2 ends

Los Angeles Community Colleges
City • East • Harbor • Mission • Pierce • Southwest • Trade-Technical • Valley • West

COMMUNITY ECONOMIC DEVELOPMENT (CED) PROGRAM AND LSEDV BUSINESS PARTICIPATION PLEASE NOTE: Documents supporting certifications are required to be submitted with this form.

Name: Wilson Shyu
Supplier: Haaker Equipment Company
Title:

Date:

General Manager
04/17/2023
District-wide Procurement
Custodial Equipment and Supplies
Procurement #FE-23-04-RFB
CED and LSEDV Certification

Page 2 of 2 ends

NON-COLLUSION DECLARATION
Regarding the Custodial Equipment and Supplies Request for Bid (RFB), the undersigned Bidder hereby declares as follows:

I am the General Manager of Haaker (Total Clean) Equipment , the party or Bidder ("Bidder")
submitting the Bid submitted with this declaration for the purchases and services sought by the Request for Bid (RFB) for Custodial Equipment and Supplies. The Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The Bid is genuine and not collusive or a sham. The Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham Bid. The Bid has not directly or indirectly colluded, conspired, connived, or agreed with any Bid or anyone else to put in a sham Bid, or to refrain from bidding on the Procurement. The Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Bid price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the Bid price, or of that of any other Bid. All statements contained in the Bid are true and correct. The Bidder has not, directly or indirectly, submitted his or her or its Bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company association, organization, Bid and/or Bid depository, or to any member or agent thereof to effectuate a collusive or sham Bid, and has not paid, and will not pay, any person or entity for such purpose.

Any person executing this declaration on behalf of a Bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the Bidder.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on 04/17/2023 [date], at La Verne [city], CA [state]." Haaker Equipment Company
[Name of Bidder (Company)]
[Signature o r (if individual) or its Officer]
Wilson Shyu
[Typed Name of Person Signing]
General Manager
[Office or Title]
District-wide Procurement
Custodial Equipment and Supplies
Procurement #FE-23-04-RFB
Non-Collusion Declaration

Page 1 of 1 ends

CONFLICT OF INTEREST CERTIFICATION
Regarding the Custodial Equipment and Supplies, the undersigned Bidder hereby certifies that:

1. No officer, director, agent, employee, or affiliate of the Bidder has, and none of the subconsultants that Bidder contemplates retaining to perform the services covered by the RFB have, a financial interest in any consultant or contractor currently under agreement to perform work or services for the PM0, any of its consultants or sub-consultants, the District or any of the District's colleges, excepting the following firms:

2. No officer, director, agent, employee, or affiliate of the Bidder has received or given, and none of the sub-consultants that Bidder contemplates retaining to perform the services covered by the Bid have received or given, either directly or indirectly through an intermediary, any gift or gratuity to any consultant or contractor currently under agreement to perform work or services for the PM0, any of its consultants or sub-consultants, the District or any of the District's colleges, except for the following:

3. No officer, director, agent, employee, or affiliate of the Bidder has, and none of the subconsultants that Bidder contemplates retaining to perform the services covered by the Bid have any affiliation or business relationship with any official, officer, agent, or employee of PMO, any of its consultants or sub-consultants, the District or any of the District's colleges, or of any consultant or contractor retained by the District, who makes recommendations to the District with respect to the expenditure of money, except for the following affiliation or business relationship:

4. No officer, director, agent, employee, or affiliate of the Bidder has, and none of the subconsultants that Bidder contemplates retaining to perform the services covered by the Bid have any affiliation or business relationship with any official, officer, agent, or employee of the PM0, any of its consultants or sub-consultants, the District or any of the District's colleges, except for the following affiliation or business relationship:

5. No portion of the services covered by the Bid is anticipated to be performed by a person or entity that is already providing, or that Bid has reason to believe may provide in the future, services, advice, or consultation to (1) the District or any of its nine colleges in connection with the District's Bond Program, (2) any consultant or contractor retained by the District in connection with the District's Bond Program, or (3) the PM0, any of its consultants or subconsultants, or (4) any sub-consultant or subcontractor of any consultant or contractor retained by District and/or the PM0, except for the following:

6. The Bidder does not know of any other circumstances, not described above, that create or could be reasonably interpreted as creating, a conflict of interest, except for the following:

District-wide Procurement
Custodial Equipment and Supplies
Procurement #FE-23-04-RFB
Conflict of Interest Certification

Page 1 of 2 ends

7. The Bidder agrees to assume continuing duty to disclose to the District any circumstances that may arise in the future within the scope of the requests for disclosure of conflicts of interests stated above.

Applicant/Proposer:

Signature:

Name and Title:

Date:

Haaker Equipment Company
Wi wu, General Manager
04/17/2023
District-wide Procurement
Custodial Equipment and Supplies
Procurement #FE-23-04-RFB
Conflict of Interest Certification

Page 2 of 2 ends

NON-DISCRIMINATION DECLARATION
Regarding the Custodial Equipment and Supplies Request for Bid (RFB), Bidder hereby certifies that:

1. in performing work or providing services for the District, there shall be no discrimination in its hiring or employment practices because of age, sex, race, color, ancestry, national origin, religious creed, physical handicap, medical condition, marital status, or sexual orientation, except as provided for in Section 12940 of the California Government Code; and

2. it shall comply with applicable federal and California anti-discrimination laws, including but not limited to the California Fair Employment and Housing Act, beginning with Section 12900 of the California Government Code.

Date: 4/17/2023 Haaker Equipment Company
[Name of Bidder (Company)]
[Signature of Bidder (if i ual) or its Officer]
Wilson Shyu
[Typed Name of Person Signing]
General Manager
[Office or Title]
District-wide Procurement
Custodial Equipment and Supplies
Procurement #FE-23-04-RFB
Non-Discrimination Declaration Form

Page 1 of 1 ends

Districtwide Procurement
Custodial Equipment and Supplies
Procurement #FE-23-04-RFB Payee Data Record

PAYEE DATA RECORD
(Required in lieu of IRS W-9 when doing business with the State of California) STD.204 (Build-LACCD Rev. 5. 12/14/17)
El NEW1=1UPDATE
Accounting Use Only
Vendor No.

NOTE: Government entities, federal, state, and local (including school districts) are not required to subm't this form.

SECTION I must be completed by the requesting state agency before forwarding to the payee 1 .

PLEASE
RETURN
TO:

DEPARTMENT/OFFICE
BUILD-LACCD PURPOSE: Information contained
in this form will be used by state agencies
to prepare information Returns (Form
1099) and for withholding on payments to
non resident payees. Prompt return of this
fully completed form will prevent delays
when processing payments.
(See Privacy Statement on Page 2)

STREET ADDRESS
1055 CORPORATE CENTER DR. 5TH FLOOR

CITY, STATE, ZIP CODE
MONTEREY PARK, CA 91754

TELEPHONE NUMBER
(323)981-7200

2. PAYEE'S BUSINESS NAME
Haaker Equipment Company (DBA Total Clean Equip.)

3. CONTACT INFORMATION

LAST NAME, FIRST NAME
Shyu, Wilson
MAILING ADRESS (Number and Street or P.O. Box Number)
2070 N. White Ave.

TITLE
General Manager
(CITY, STATE, AND ZIP CODE)
La Verne, CA 91750

TELEPHONE NUMBER
(909) 598-2706

4. . VENDOR
ENTITY

INFORMATION

PLEASE CHECK ONE BOX ONLY
0 LEGAL CORPORATION 0 C CORPORATION
0 MEDICAL CORPORATION 0 S CORPORATION
1:1 EXEMPT CORPORATION 0 ESTATE OR TRUST
0 GENERAL CORPORATION 0 LIMITED PARTNERSHIP
El GENERAL PARTNERSHIP 0 LIMITED LIABILITY
NOTE: State and local
government entities, including
school districts are not required
to submit this form.

ID PARTNERSHIP of Individual Corporations 0 OTHER
Enter tax Classification ( C=C Corp., S=S Corp., P=Partnership) S ENTITY NO.: 644752

ALL OTHER CORPORATIONS
(Federal Employers Identification number/ FEIN)
NOTE: Payment will not be
processed without an
accompanying taxpayer I.D.
number

INDIVIDUAL OR SOLE PROPRIETOR
SOCIAL SECURITY NUMBER OF OWNER OWNER'S FULL NAME (Print)

5. PAYEE

RESIDENCY
STATUS
CHECK
v.
jNonreoident

APPROPRIATE BOX(ES)
California Resident-Qualified to do business in CA or a permanent place of business in CA (See Page 2) Payment to nonresidents for services may be subject to withholding

WAIVER OF STATE WITHHOLDING FROM FRANCHISE TAX BOARD ATTACHED

SERVICES PERFORMED OUTSIDE OF CALIFORNIAJ GOODS SOLD TO CALIFORNIA NOTE:
a. An estate is a resident if
decedent was a California
resident.
b. A trust is a resident if at
least one trustee is a
California resident.
(Seepage 2)

6. 1 hereby certify under penatly of perjury that the information provided on this document is true and correct. If my residency status should be changed, I will promptly inform you. CERTIFYING SIGNATURE AUTHORIZED PAYEE REPRESENTATIVES NAME (Type or Print) Wilson Shyu
TITLE
General Manager
....,
SIGNATURE ....._s_,...o._..........„....---'
,#
DATE
04/17/2023

TELEPHONE NUMBER
(909) 598-2706
Districtwide Procurement
Custodial Equipment and Supplies
Procurement #FE-23-04-RFB Payee Data Record
STD.204 (REV. 22-2000) (REVERSE)
ARE YOU A RESIDENT OR A NONRESIDENT?
Each corporation, individual/ sole proprietor, partnership, estate or trust doing business with the state of California must indicate their residency status along with their taxpayer identification number.

A corporation will be considered a "resident" if it has a permanent place of business in California. The corporation has a permanent place of business in California if it is organized and existing under the laws of this state or, in a foreign corporation has qualified to transact intrastate business. A corporation that has not qualified to transact intrastate business (e.g., corporation engaged exclusively in interstate commerce) will be considered as having a permanent place of business in this state only if it maintains a permanent office in this state that is permanently staffed by its employees.

For individual/ sole proprietors, the term "resident" includes every individual who is in California for other than a temporary or transitory purpose and any individual domiciled in California who is absent for a temporary or transitory purpose.

Generally, an individual who comes to California for a purpose which will extend over a long or indefinite period will be considered a resident. However, an individual who comes to perform a particular contract of a short duration will be considered a nonresident.

For withholding purposes, a partnership is considered a resident partnership if it has a permanent place of business in California. An estate is considered a California estates if the decedent was a California resident at the time of death and a trust is considered a California trust if at least one trustee is a Califomia resident.

More information on residency status can be obtained by calling the Franchise Tax Board at the numbers listed below:

From within the United States, call 1.800.852.5711
From outside the United States, call 1.916.845.6500
For hearing impaired with TDD, call 1.800.822.6268
ARE YOU SUBJECT TO NONRESIDENT WITHHOLDING?
Payments made to nonresident payees, including corporations, individuals, partnerships, estates and trusts, are subject to withholding. Nonresident payees performing services in California or receiving rent, lease or royalty payments from property (real or personal) located in California will have 7% of their total payments withheld for state income taxes.

However, no withholding is required if total payments to the payee are $1500 or less for the calendar year.

A nonresident payee may request that income taxes be withheld at a lower rate or waived by sending a completed form FTB 588 to the address below. A waiver will generally be granted when a payee has a history of filing Califomia returns and making timely estimated payments. If the payee activity is carried on outside of California or partially outside of California, a waiver or reduced withholding rate may be granted. For more information, contact:

Franchise Tax Board
Nonresident Withholding Section
Attention: State Agency Withholding Coordinator
P.O. Box 651 Sacramento, CA 95812-0651
Telephone (916) 845-4900
FAX: (916) 845-4831
If a reduced rate of withholding or waiver has been authorized by the Franchise Tax Board, attach a copy to this form. .4 C -C),R b iii,.......---- CERTIFICATE OF LIABILITY INSURANCE DATE IMM/DD/YYYY) 4/29/2022
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

PRODUCER CONTACT Jessica Lopez NAME:

Commercial The Brokerage PHONE
The Brokerage, an Alera Group Company (A/C, No Ext): (949) 287-5677 F(a No): (949) 335-0621 20261 SW Acacia St, Suite 200 E-MAIL ADDRESS:[email protected] Newport Beach, CA 92660
INSURER(S) AFFORDING COVERAGE I NAIC #
INSURER A : CompWest Insurance Company 12177
INSURED INSURER B :

Haaker Equipment Company Total Clean INSURER C:
2070 North White Avenue INSURER 0:

La Verne, CA 91750
INSURER E:

INSURER F:

COVERAGES CERTIFICATE NUMBER: # REVISION NUMBER:

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

INSR

LTR TYPE OF INSURANCE ADDL SUBR

INSD MD POLICY NUMBER POLICY EFF POLICY EXP IMM/DD/YYYY) IMM/DD/YYYY) LIMITS

COMMERCIAL GENERAL LIABILITY
OCCUR
EACH OCCURRENCE $

CLAIMS-MADE DAMAGE TO RENTED
PREMISES (Ea occurrence) $
GEN'L
MED EXP (Any one person) $
PERSONAL & ADV INJURY $
AGGREGATE LIMIT APPLIES PER:

PROPOLICY JECT LOC
OTHER:

GENERAL AGGREGATE $
PRODUCTS - COMP/OP AGG $
$

AUTOMOBILE LIABILITY

ANY AUTO

OWNED SCHEDULED

AUTOS ONLY AUTOS

HIRED NON-OWNED

AUTOS ONLY AUTOS ONLY
1 COMBINED SINGLE LIMIT
(Ea accident) $
BODILY INJURY (Per person) $
' BODILY INJURY (Per accident) $

PROPERTY DAMAGE
(Per accident) $
$

UMBRELLA LIAB

EXCESS LIAB
OCCUR

CLAIMS-MADE
EACH OCCURRENCE $
AGGREGATE $

DED RETENTIONS

A WORKERS COMPENSATION

AND EMPLOYERS LIABILITY Y / N X ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N / A
(Mandatory in NH) —
If yes, describe under
DESCRIPTION OF OPERATIONS below
CW WCP 100024973 5/1/2022 5/1/2023
y PER 0TH-
" STATUTE ER
E.L. EACH ACCIDENT $ 1,000,000
E.L. DISEASE - EA EMPLOYEE $ 1,000,000
E.L. DISEASE - POLICY LIMIT $ 1,000,000
DESCRIPTION OF OPERATIONS! LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: All onerations nerformed by the Named Insured durina the current nolicv neriod. wcwvischedi

CERTIFICATE HOLDER CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD
AGENCY CUSTOMER ID: HAAKER EQU
LOC #: 1
JLOPEZ
ACORD ADDITIONAL REMARKS SCHEDULE Page 1 of I
AGENCY
Commercial The Brokerage

POLICY NUMBER
SEE PAGE 1

CARRIER
SEE PAGE 1

NAIC CODE
SEE P 1

NAMED INSURED
Haaker Equipment Company Total Clean
2070 North White Avenue
La Verne, CA 91750
EFFECTIVE DATE: SEE PAGE 1

ADDITIONAL REMARKS

THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Cancellation:
*Should this policy be cancelled before the expiration date, The Brokerage, an Alera Group Company will mail 30 (thirty) days written notice to those Certificate Holders which require such action per contract or agreement." *Except 10 Days Notice of Cancellation for Non-Payment of Premium.

The ACORD name and logo are registered marks of ACORD

HEREBY GRANTS

WOMAN OWNED SMALL BUSINESS (WOSB) CERTIFICATION TO
HAAKER EQUIPMENT CO.

The identified small business is an eligible WOSB for the WOSB Program, as set forth in 13 C.F.R. part 127 and has been certified as such by an SBA approved Third Party Certifier pursuant to the Third Party Agreement, dated June 30, 2011, and available at www.sba.gov/wosb.

The WOSB Certification expires on the date herein unless there is a change to the SBA’s regulation that makes the WOSB ineligible or there is a change in the WOSB that makes the WOSB ineligible. If either occurs, this WOSB Certification is immediately invalid. The WOSB must not misrepresent its certification status to any other party, including any local or State government or contracting official or the Federal government or any of its contracting officials.

Majority Female Owner: Cindy HaakerNAICS: 423110UNSPSC: 20111610, 22101619, 25101919, 25181604, 47000000, 47121612Certification Number: WOSB180126Renewal Date: January 31, 2024WOSB Regulation Expiration Date: 1/31/2026 Pamela Williamson, Women's BusinessEnterprise Council - West President & CEOPamela Prince-Easton, WBENC President & CEOLaKesha White, Vice President, Certification

EXHIBIT I

RFB AND ADDENDA
District-wide Procurement Request for Bid
Custodial Equipment and Supplies Page 1 of 14
Procurement #FE-23-04-RFB

LOS ANGELES COMMUNITY COLLEGE DISTRICT

REQUEST FOR BID
FOR

CUSTODIAL EQUIPMENT AND SUPPLIES
PROCUREMENT NO. FE-23-04-RFB
PROJECT NO. 40J.5J55.05 / 50J.4J55.05
FOR

LOS ANGELES COMMUNITY COLLEGE DISTRICT
District-wide Procurement Request for Bid
Custodial Equipment and Supplies Page 2 of 14
Procurement #FE-23-04-RFB

REQUEST FOR BID (RFB)

CUSTODIAL EQUIPMENT AND SUPPLIES
TITLE PAGE …………………………………………………………………………………….….1
TABLE OF CONTENTS………………………………………………………………….………..2
REQUEST FOR BID..............…..……………….....…………………………………….……….3 District-wide Procurement Request for Bid
Custodial Equipment and Supplies Page 3 of 14
Procurement #FE-23-04-RFB
Key Action Dates
Listed below are important actions dates and times regarding this Request for Bid (“RFB”).

If changes to dates are found to be necessary up to the “Submittal of Bids” deadline, this will be accomplished by Addendum and published at the Online Vendor Portal:
http://www.planetbids.com/portal/portal.cfm?CompanyID=21372,.

Dates related to bids review, award notice, and contract execution are projected dates and may change without formal notice
Action Date
Legal Advertisement
March 30,
2023 and
April 3,
2023
Release of RFB
(download from http://www.planetbids.com/portal/portal.cfm?CompanyID=21372) March 31,
2023
BuildLACCD Contracts is inviting you to a scheduled Zoom meeting.

Join Zoom Meeting
https://buildlaccd.zoom.us/j/86982473594?pwd=cm9jaVQ4VkpUQ0QzekJpRTdxTUs3dz09 Meeting ID: 869 8247 3594
Passcode: 924139
One tap mobile
+16694449171,,86982473594#,,,,*924139# US
+12532158782,,86982473594#,,,,*924139# US (Tacoma)
April 6,
2023 at
10:00 AM
Deadline for submission of Request for Information (RFI) and Request for Clarifications (RFC) April 11,
2023 at
10:00 AM
Submittal of Bids
April 18,
2023 at 2:00
PM
Proposal Review and Award Determination
From April
19-21,
2023
Post Notice of Intent to Award April 21-
25, 2023
District-wide Procurement Request for Bid
Custodial Equipment and Supplies Page 4 of 14
Procurement #FE-23-04-RFB

REQUEST FOR BID (RFB)

CUSTODIAL EQUIPMENT AND SUPPLIES
for

LOS ANGELES COMMUNITY COLLEGE DISTRICT
ARTICLE 1

INTRODUCTION AND GENERAL PROVISIONS

1.1 PURPOSE AND SCOPE OF RFP
The District is seeking assistance from qualified firms to provide pricing and warranty for Custodial Equipment and Supplies for use throughout the Los Angeles Community College District. The term of the Agreement is three (3) base years and two (2) one-year options, unless earlier terminated by the District. The intent of this solicitation which will result in multi-year Purchase Agreement with multiple vendors is to improve Total Cost of Ownership (TCO) and that will facilitate the Districtwide procurement of Custodial Equipment and Supplies to enhance the overall infrastructure of LACCD’s colleges. The Contract(s) that may be awarded following this Request for Bid process will be based upon, without limitation, the District’s authority pursuant to: Government Code sections 4526, 53060, Education Code sections 81644 and 81656 and Public Contract Codes Sections 20651.7 and 3400; as well as all applicable District policies regarding professional service procurements; and other applicable law.

Equipment procured by LACCD under these Purchase Agreement shall be delivered throughout the District’s colleges. Products may be delivered via qualified Authorized 3rd Party Service Providers (Exhibit “F”) upon a series of pre-installation procedures. Qualified Authorized 3rd Party Service Providers shall be authorized by Manufacturers to honor Purchase Agreement warranty and extended service plans. Standard warranty should include twelve (12) month warranty periods with extended warranties identified as optional.

1.2 ABOUT THE DISTRICT
The District is the largest community college district in the nation, with nine colleges serving more than 200,000 students. The District is governed by an elected seven-member Board of Trustees (elected at large for four year terms), and is part of the statewide California Community College system. The District was organized in 1969 and serves a population of several million residents in over one hundred cities, dispersed over an area of 884 square miles in metropolitan Los Angeles. The District extends from Agoura Hills in the west San Fernando Valley to the City of San Fernando in the north and Monterey Park to the east. The service area includes Culver City on the west side of the greater Los Angeles basin; Monterey Park and San Gabriel on the east side as well as Palos Verdes Estates and San Pedro to the south.

The mission of the District is to provide comprehensive lower-division general education, occupational education, transfer education, counseling and guidance, community services, and continuing education programs which are appropriate to the communities served and which meet the changing needs of students for academic and occupational preparation, citizenship, and cultural understanding. The Western Association of Schools and Colleges accredits each of the nine colleges.

The colleges range in size from 22 to over 450 acres. College facilities include newly constructed classroom buildings, outdated structures that are over 50 years’ old, as well as parking areas, maintenance yards, athletic fields and gymnasiums. Infrastructure at each college across the District is being enhanced to create a learning environment conducive to the needs of students for the foreseeable future.

District-wide Procurement Request for Bid
Custodial Equipment and Supplies Page 5 of 14
Procurement #FE-23-04-RFB

1.3 BASIC DEFINITIONS
Capitalized terms shall have the meanings assigned to them in the Purchase Agreement, which are part of the Request for Bid (RFB) Documents. Capitalized terms not defined in the Purchase Agreement shall have the meanings assigned to them in, or (if none is assigned) as reasonably understood to apply to them by the context of, the portion of the RFB Documents where such terms are used. Use of the terms “Request for Bid” (“RFB”) and “Purchase Agreement”, although stated in the singular, is intended to mean each Bid that is submitted and each Purchase Agreement for which an Award may be made for each of the Classification of Goods included in the RFB Documents.

1.4 SUMMARY OF PROPOSED PROCUREMENT

1.4.1 Objective. LACCD is seeking Districtwide pricing and warranty offerings for the procurement of equipment, apparatus, materials and supplies, but not limited to:

Cleaning Equipment and Accessories Enclosed Road Sweepers and Tennant Cleaning Equipment and Accessories Accessories
Sustainable Sweeping Machines and Accessories General Cleaning Supplies

1.4.2 Destinations. Purchases of Goods by District will be delivered, at District’s discretion and as stated in its Orders, by Vendor to any of its nine (9) College campuses and all satellite campuses, listed below:

Pierce College Los Angeles City College Los Angeles Harbor College Los Angeles Mission College East Los Angeles College West Los Angeles College Los Angeles Valley College Los Angeles Trade Tech College Los Angeles Southwest College Van de Kamp Campus South Gate Education Center Any Other LACCD Satellite

1.4.3 RFB Process. For purposes of Bidding and Award, the Goods have been placed into four (4) Classifications. Each Bid must be prepared using the Bid Form (Exhibit “C”), the Bid Sheet (Exhibit “D”) and all other forms identified and included with these RFB Documents. To be considered for Award, a Bidder SHALL submit a Bid for all items under the classification in the Bid Form (Exhibit “C”). Bidders not submitting a Bid for all items in the classification may be found non-responsive and may not be considered for Award.

1.4.4 Basis of Award. The District intends to Award one contract per Classification to the highest overall rated responsive and responsible Bidder. The final contract may include up to four (4) Classifications from the Bid Form (Exhibit “C”) and items from a successful Bidder’s discount off list price. .1 Process The District shall have a period of one hundred and twenty (120) days from the due date, as amended by Addenda, of the RFB in which to award the contracts. Bids will be scored and the highest rated Bids will be recommended for award to the District’s Board of Directors. .2 Determination of Bid Award and Evaluation Criteria. The Bids will be screened a two-phase process:
(i) Phase 1 – Qualifying the responses. Vendor must complete and submit via the Online Vendor Portal all required documentation and materials stipulated in the RFB in order to be considered for Phase 2 of the evaluation process.
(ii) Phase 2 – Awards will be made to the highest overall rated responsive and responsible Bidder, per Classification.

District-wide Procurement Request for Bid
Custodial Equipment and Supplies Page 6 of 14
Procurement #FE-23-04-RFB
.3 Score. The District will award a contract, per Classification, to the highest overall rated responsive and responsible Bidder which best meets the evaluation criteria, including but not limited to the items listed. The District has assigned maximum values for each criterion listed below:
(i) Quantity of Classifications Submitted (Exhibit “D”): 20 Points (ii) Key Personnel Resources (Exhibit “D”): 10 Points
(iii) CED and LSEDV Certification: 10 Points
(iv) Overall Product Discount (Exhibit “C”): 60 Points
Maximum Total Points: 100
.4 Award of Contracts. Contract(s) will be awarded to the Vendor(s) presenting the highest overall rated responsive and responsible Bid and which provides the greatest value in the best interest of the District.

1.4.5 Purchase Price. The Purchase Price for one (1) unit of Goods within a Classification shall be the List Price less the Percentage Discount provided in the Bid Form (Exhibit “C) of the successful Bidder, plus Applicable Sales Taxes.

1.4.6 Net Price. The Net Price for one (1) unit of Goods within a Classification shall be the List Price less the Discount Percentage for each item on the Classification in the Bid Form (Exhibit “C”), exclusive of any fees such as set-up, freight, all inbound destination costs, and taxes.

1.4.7 Purchase Agreement. Subject to District’s rights set forth in this RFB, an Award will be made to a single successful Bidder for the Goods specified in the Bid Form (Exhibit “C”). Additionally, the successful Bidder will receive a Purchase Agreement that shall govern the purchases made by a subsequent Order, if any.

Bids shall not include any exceptions, qualifications or exclusions to the RFB Documents, including, without limitation, the Purchase Agreement. The Term of the Purchase Agreement is for three (3) base years and two (2) one-year options, unless earlier terminated by the District. The form of Purchase Agreement is included in the RFB Documents or as modified by Addenda.

1.4.8 Ordering, Delivery Time. Delivery Dates are initially established in an Order issued to the Vendor. Deliveries may be required by District on any Day, other than Saturdays, Sundays and Holidays, between the hours of 8:00 a.m. and 3:00 p.m. or as agreed between the Vendor and District representative.

1.4.9 Quantities. Purchases will be made on an indefinite-quantity, indefinite-delivery basis.

Participation by the District’s locations, including its nine (9) colleges, is voluntary and the District cannot guarantee any minimum purchase or participation by each location.

1.4.10 Conflicts. The requirements, processes, conditions and procedures set forth in this Section

1.2, although stated in the form of a summary, are nonetheless deemed part of the requirements of the RFB Documents. In the event there is any conflict between the summaries set forth in Section 1.2 and the terms of other portions of the RFB Documents, the more stringent provision shall govern.

ARTICLE 2
BIDDER’S REPRESENTATIONS

2.1 THE BIDDER, BY SUBMITTING ITS BID, REPRESENTS THAT:

2.1.1 Capacity. The Bidder has carefully and thoroughly examined, compared and understood the RFB Documents (including, without limitation, any Specifications or Description of the Goods to be purchased included in the RFB Documents) and Purchase Agreement being concurrently requested, and acting in that District-wide Procurement Request for Bid
Custodial Equipment and Supplies Page 7 of 14
Procurement #FE-23-04-RFB
capacity has satisfied itself that the RFB Documents are free of errors, conflicts, ambiguities, lack of coordination and conditions that violate Applicable Laws.

2.1.2 Compliance with RFB Documents. The Bid is made in compliance with the RFB Documents.

2.1.3 Basis of Bid. The Bid is based upon the materials, equipment and systems required by the RFB Documents without exception as well as delivery and set-up, if required. Each Bidder is to describe the Discount for the items in a classification (Exhibit “C”). The Discount(s) shall be the same for all locations where Goods are to be delivered in the District. Different Discount(s) for identical Goods because of location or usage rates is prohibited. Each Bidder is to independently determine the Discount at which Goods are to be ordered.

An Order for stated quantities with identified discounts will constitute a fixed discount payable under the Purchase Agreement. The Bidder agrees to provide any volume discounts to all Goods regardless of delivery location.

2.1.4 Due Authorization. The person or persons signing the Bid on behalf of the bidder and issuing any bid Security for the benefit of the bidder, if required by the RFB Documents, are authorized to do so on behalf of the Bidder.

2.1.5 Requests for Substitutions. Notwithstanding the District's approval or disapproval of a request by the Bidder for Substitution, if the Bidder receives Award of the Purchase Agreement the Bidder will perform the Purchase Agreement strictly in accordance with the Contract Documents and without adjustment in the Bidder's Bid.

2.1.6 Requests for Clarification. The Bidder acknowledges and understands its affirmative obligation to carefully and thoroughly examine all RFB Documents and other information available to the Bidder relating to the Purchase Agreement and the terms and conditions under which the Purchase Agreement will be performed and to seek clarification during the request for information (RFI) and request for clarification (RFC) period of the RFB of any errors, omissions, conflicts, ambiguities, lack of coordination or noncompliance with Applicable Laws, or other matters set forth in or indicated by the RFB Documents or other documents reviewed by or available to the Bidder for review, that Bidder observes, or should have observed in the exercise of reasonable care in its capacity as a Bidder, could in any way affect the Bidder's ability to make the representations set forth above or to perform the Purchase Agreement for the discounts offered in its Bid and within the time period(s) required by the RFB Documents. Failure by the Bidder to do so shall not relieve the Bidder from its representations as set forth hereinabove nor serve as the basis for any claim by the Bidder that it was mistaken or misled in connection with the preparation of its Bid. The Sample Purchase Agreement in Attachment 15 (“Sample Agreement”) contains the terms and conditions the District will use when contracting with the awarded Vendor. The Sample Agreement is subject to change and are not binding as shown in this RFB. Any exceptions to, deviations from, or inability to comply with the requirements set forth in this RFB, or the terms and conditions contained in the Sample Agreement, must be declared in writing during the RFI/RFC time of the RFB process. By failing to declare exceptions and deviations during the RFI/RFC time of the RFB process, effectively, the Vendor waives its right to assert its inability to comply with any terms should the Vendor be awarded a contract. The District may, at its sole option, consider exceptions and deviations indicated in a Vendor’s RFI or RFC submitted at the Online Vendor Portal. Substantial exceptions and/or deviations to the Sample Agreement may deem a Vendor non-responsive to the RFB. The Sample Agreement specifies the minimum insurance requirements that must be met by the successful Bidder. The RFI period is identified at the Online Vendor Portal:
http://www.planetbids.com/portal/portal.cfm?CompanyID=21372,

2.1.7 Public Contract Code 2204. In accordance with Public Contract Code section 2204 (a), the Bidder certifies and represents that at the time its Bid is submitted, the Bidder is not identified on a list created pursuant to subdivision (b) of Public Contract Code section 2203 as a person (as defined in Public Contract Code section 2202(e)) engaging in investment activities in Iran described in subdivision (a) of Public Contract Code section 2202.5, or as a person described in subdivision (b) of Public Contract Code section 2202.5, as applicable. Bidders are cautioned that making a false certification and representation may subject the Bidder to civil penalties, termination of existing contract, and ineligibility to Bid on a contract for a period of three (3) years District-wide Procurement Request for Bid
Custodial Equipment and Supplies Page 8 of 14
Procurement #FE-23-04-RFB
in accordance with Public Contract Code section 2205. Bidder agrees that submission of its Bid shall constitute Bidder’s certification and representation as aforesaid.

2.2 MISREPRESENTATION BY BIDDER
The District may determine as unresponsive any Bid in which any statement or representation made or incorporated by reference in the Bid (or in the attachments or other documents submitted with the Bid) is false, incorrect or materially incomplete and misleading.

ARTICLE 3

REQUEST FOR BID (RFB) DOCUMENTS

3.1 COPIES

3.1.1 Availability. RFB Documents maybe downloaded online, as stated in the Notice to Bidders.

3.1.2 Use of Complete Sets. The Bidder shall use complete sets of RFB Documents in preparing its Bid. The District assumes no responsibility for errors or misinterpretations resulting from the use of incomplete sets of RFB Documents.

3.2 INTERPRETATION OR CORRECTION OF REQUEST FOR BID (RFB) DOCUMENTS

3.2.1 Examination by Bidder. The Bidder shall, with reasonable care and diligence, carefully and thoroughly examine and compare the RFB Documents, as well as other documentation available from the District, and shall report to the Program Manager any errors, conflicts, ambiguities, lack of coordination or conditions that violate Applicable Laws

3.2.2 Requests for Clarification. If the Bidder requires clarification or interpretation of the RFB Documents, it shall make a written request which shall reach the contract administrator. All requests by Bidders for clarification of the RFB Documents must be submitted, in writing, at the Online Vendor Portal up to, including and no later than the seventh (7th) Day prior to Date for Receipt of Bids. The date and time requests for clarifications shall be identified at the Online Vendor Portal http://www.planetbids.com/portal/portal.cfm?CompanyID=21372 and the portal shall not accept requests for clarifications after the stated date and time. Enter questions or request for clarifications by navigating to the Online Vendor Portal (PlanetBids) and select Purchase Agreement for Custodial Equipment and Supplies #FE23-04-RFB. Select the “Q&A” Tab then select the “Ask Question” button. The following pop-up window will display:

Enter ONE (1) QUESTION per pop-up window. Click the “Ask Question” button for each new question and enter as many questions required for clarifications.

District-wide Procurement Request for Bid
Custodial Equipment and Supplies Page 9 of 14
Procurement #FE-23-04-RFB

3.2.3 Addenda. Interpretations, corrections and changes of the RFB Documents will be made by Addendum. Interpretations, corrections and changes of the RFB Documents made in any other manner will not be binding, and the Bidder shall not rely upon them.

3.2.4 Communications. The Bidder shall not, at any time during the RFB process following advertisement of the Notice to Bidders, communicate with the Program Manager, College Project Team or with employees of representatives of the District or College except by means of written requests for clarification.

3.3 SUBSTITUTIONS

3.3.1 Standards. The materials, products and equipment described in the Bidding Documents establish a standard of required function, dimension, appearance and quality to be met by any proposed Substitution.

3.3.2 Requests for Substitutions. The Bidder must make requests for Substitutions on the District’s Substitution Request Form included in the Bidding Documents. Such requests shall comply with the requirements of the Bidding Documents. Such requests shall include the Classification, Item Number and Product Type found on Exhibit “C” Bid Form of the Bidding Documents, name of the material or equipment for which it is to be substituted and a complete description of the proposed Substitution, including specifications, performance and test data and other information necessary for an evaluation. The burden of proof of the merit of the proposed Substitution is upon the Bidder. The District’s decision of approval or disapproval of a proposed Substitution shall be final. Addenda shall be issued to all Bidders describing any requested Substitution that is approved by the District.

3.3.3 Deadline for Submission. No Substitution will be considered after the Date for RFI/RFC as identified at the Online Vendor Portal and as amended by Addenda. Once the Substitution Request Form(s) is/are complete combine them in one (1) PDF or other like document and following the instructions here:

Navigate to the procurement title and number for the procurement described in the Request for Bid document. Once logged in to the procurement navigate to the “Q&A” Tab. Follow the instructions in Section 3.2.2 Request for Clarifications and enter the following: “Attached are Substitution Requests for consideration”. In the pop up window the Bidder may attach the file with the substitution requests by clicking “Attachment” Field. See below:

3.4 ADDENDA

3.4.1 Transmittal. Addenda will be transmitted to all prospective Bidders who requested a complete set of Bidding Documents.

District-wide Procurement Request for Bid
Custodial Equipment and Supplies Page 10 of 14
Procurement #FE-23-04-RFB

3.4.2 Inspection. Copies of Addenda will be made available for inspection wherever Bidding Documents are on file for that purpose.

3.4.3 Issuance. Addenda will be issued no later than seventy-two (72) hours prior to the Date for Receipt of Bids as identified at the Online Vendor Portal or amended by Addenda, except an Addendum withdrawing the Request for Bid or one which includes postponement of the Date for Receipt of Bids.

3.4.4 Receipt by Bidder. Failure of the Bidder to receive Addenda shall not relieve the Bidder from any obligation under its Bid as submitted. All Addenda issued shall be included in the Bidder’s Bid. The Bidder shall identify and list in its Bid all Addenda received and included in its Bid. Failure to so acknowledge in its Bid the receipt of all Addenda may be asserted by the District as a basis for determining the Bid non-responsive.

ARTICLE 4

REQUEST FOR BID PROCEDURES

4.1 PREPARATION OF BIDS

4.1.1 Bidders shall enter discounts for line items using the Bid Form (Exhibit “C”) included in the RFB Documents. Bidders presented on forms not provided in the RFB Documents shall be disregarded and determined non-responsive. A Bid is nontransferable.

4.1.2 Blanks. All blanks on the Bid Form (Exhibit “C”) shall be legibly executed in a non-erasable medium.

4.1.3 Figures. Discounts shall be expressed in figures on the Bid Form (Exhibit “C”).

4.1.4 Alterations. Interlineations, alterations and erasures must be initialed by each and all of the signer(s) of the Bid.

4.1.5 Multiple Bids. Where two or more Bids have been requested, the Bidder may state in its Bid the Bidder’s refusal to accept award of less than the combination of Bids stipulated by the Bidder. The Bidder shall make no additional stipulations on the Bid Form (Exhibit “C”) nor qualify the Bid in any other manner.

4.1.6 Name of Bidder. Each copy of the Bid shall state the legal name of the Bidder and the nature of legal form of the Bidder. Each copy shall bear the longhand signature and printed name and title of the person or persons legally authorized to bind the Bidder to a contract. A Bid by a corporation shall further give the state of incorporation and have the corporate seal affixed. A Bid submitted by an agent shall have a current power of attorney attached certifying the agent’s authority to bind the Bidder.

4.1.7 Bidder Documents. The Bidder shall provide the following documents with its Bid:
.1 Minimum Performance and Service Requirements (Exhibit “A”) .2 Bid Form included in the RFB Documents (Exhibit “C”) .3 Bid Sheet (Exhibit “D”)
.4 Bidder’s Questionnaire (Exhibit “E”)
.5 Authorized 3rd Party Service Providers (Exhibit “F”), if none, please indicate so on the form, sign the document, and include with your submission .6 Acknowledgement of Addenda (Exhibit “G”)
.7 CED and LSEDV Certification
District-wide Procurement Request for Bid
Custodial Equipment and Supplies Page 11 of 14
Procurement #FE-23-04-RFB
.8 Non-Collusion Declaration, in the form included in the RFB Documents .9 Conflict of Interest Certification
.10 Non-Discrimination Declaration
.11 W-9 or Payee Data Record
.12 Certificates of Insurance (“COI”)

4.1.8 Modifications by Bidder. Changes or additions to the Bid Form (Exhibit “C”), including, without limitation, conditions or limitations, alternative Bids or any other modification of the Bid Form (Exhibit “C”), which is not specifically called for by the RFB Documents, may result in the District's rejection of the Bid as being nonresponsive. No oral, telephonic, electronic, facsimile or telegraphic modification of any Bid submitted will be considered.

4.1.9 Interested Bidder. No person, partnership, joint venture, corporation or other association of persons or entities submitting a Bid shall be allowed to submit more than one Bid or be interested in a Bid submitted by any other Bid.

4.1.10 Applicable Laws. All Bids must be submitted, filed, made and executed in accordance with Applicable Laws (including, without limitation, federal laws, if any, that may apply) relating to Bids for contracts of the nature provided for by the RFB Documents, whether the same are expressly referred to herein or not.

4.1.11 Trade In Program. Pursuant to Education Code Section 81454 the governing board of any community college District may dispose of personal property belonging to the District for the purpose of replacement by providing in the notice calling for Bids for furnishing new materials, articles, or supplies that each Bidder shall agree in its Bid to purchase the property being replaced and to remove it from the school grounds and shall state in its Bid the amount which it will deduct from the price bid for furnishing new materials, articles, or supplies as the purchase price for the personal property being purchased from the District.

4.1.12 Contractor Registration. Per Senate Bill 854 (SB854), vendors and contractors performing public works projects above $1,000 must be registered with the Department of Industrial Relations (DIR).

Effective April 1, 2015, only contractors/subcontractors that have active registrations with the DIR may be awarded. All certified payroll records (CPRs) must be electronically submitted to the Labor Commissioner.

Responders must provide their contractor registry identification number and certify that they and any subcontractors performing public works projects are actively registered with the DIR in Exhibit E: Bidder’s Questionnaire, Item 8. To register with the DIR, vendors and contractors may visit the on-line application registry link at http://www.dir.ca.gov/Public-Works/PublicWorks.html.

4.1.13 Drug-Free Workplace Certification. By accepting a contract or purchase order, the Vendor certifies under penalty of perjury under the laws of State of California that the Vendor will comply with the requirements of the Drug-Free Workplace Act of 1990 (GCC, Section 8355 et seq.) and will provide a drug-free workplace by doing all of that which Section 8355 et seq. requires.

4.1.14 Piggyback Clause. For the term of the agreement and any mutually agreed extensions pursuant to this RFB, other K-12 Participating Agencies and community colleges or Participating Agencies, any public corporation or agency, including any county, city, town or public corporation or agency within the State of California may be considered “piggybackee”, and purchase an identical item(s) at the same price and upon the same terms and conditions pursuant to section 20118 (K-12) and 20652 (Community Colleges) of the Public Contract Code. The District waives its right to require such other Participating Agencies/colleges and/or any Participating Agencies to draw their warrants in the favor of the District as provided in said Code sections.

Additionally, other public and private school Participating Agencies, public and private colleges or universities, or any public corporation or agency, including any county, city, town or public corporation or agency in the United States, may purchase identical items(s) at the same price and upon the same terms and conditions. The Vendor will be asked to accept or decline the piggyback clause option in Exhibit G: Bidder’s Questionnaire.

District-wide Procurement Request for Bid
Custodial Equipment and Supplies Page 12 of 14
Procurement #FE-23-04-RFB

4.1.15 Insurance. Within ten (10) days of the issuance of a Purchase Order or other similar instrument for the procurement of Meeting Space Furniture, Equipment and Services under this Agreement, the Vendor and each Subcontractor identified in its Subcontractors List issued by the Vendor for such Purchase Order shall deliver to the agency issuing the Purchase Order or other similar instrument Certificates of Insurance evidencing the insurance coverage in the minimum amounts noted below. The foregoing notwithstanding, a Participating Agency may require additional or different insurance coverage or minimum amounts in connection with any specific procurement of Meeting Space Furniture, Equipment and Services. In such event, such additional or different insurance requirements shall be noted in the Purchase Order or other instrument evidencing the procurement of Meeting Space Furniture, Equipment and Services, and the Vendor shall comply with the same. .1 Workers’ Compensation Insurance. The Vendor and all Subcontractors to the Vendor for each procurement of Meeting Space Furniture, Equipment and Services shall obtain and maintain Workers’ Compensation Insurance with coverage amounts under such policies in accordance with applicable law.
.2 Commercial General Liability Insurance. The Vendor and all Subcontractors to the Vendor for each procurement of Meeting Space Furniture, Equipment and Services shall obtain and maintain Commercial General Liability Insurance Policies covering: injuries, including accidental death, to persons, damage to property, completed operations, and contractual liability. Minimum coverage amounts under each such Commercial General Liability insurance policy shall be One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) in the aggregate.
.3 Modifications; Cancellation; Additional Insured. Each Participating Agency procuring Meeting Space Furniture, Equipment and Services hereunder shall be additional named insured to the Commercial General Liability insurance policies of the Vendor and its Subcontractors for each specific procurement of Meeting Space Furniture, Equipment and Services. The Workers’ Compensation insurance policy and the General Liability insurance policies of the Vendor and each Subcontractor for each specific procurement of Meeting Space Furniture, Equipment and Services shall include provisions that the policy terms will not be materially modified and the policy will not be cancelled or terminated without at least thirty (30) days advance written notice to the Participating Agency, as applicable. .4 Standard Commercial Automobile Liability Insurance covering all owned, nonowned and hired automobiles, trucks, and trailers with a combined single limit of $1,000,000.

4.2 SUBMISSION OF BIDDERS

4.2.1 Electronic Submission. Bids and any other documents required to be submitted with the Bid shall be uploaded at the Online Vendor Portal.

4.2.2 Deposit. Bids shall be uploaded at the Online Vendor Portal up to Local Time. Bids shall be received online by the time and Date for Receipt of Bids. Bids received after the Date for Receipt of Bids shall not be considered. The District reserves the right to postpone the Date for Receipt of Bids by issuance of an Addendum to the RFB Documents.

4.2.3 Timely Receipt. The Bidder assumes full and sole responsibility for timely receipt of its Bid and any other documents required to be submitted with the Bid, by the District at the Online Vendor Portal. NOTE:

Pushing the submit button on the electronic system may not be instantaneous; it may take time for the Bidder’s documents to upload and transmit before the Bid is accepted. It is the Bidder’s sole responsibility to ensure their document(s) are uploaded, transmitted, and arrive in time electronically. Once a Bidder’s Bid is successfully uploaded to the Online Vendor Portal the Bidder will receive a five (5) digit “VBID” electronic confirmation number and it should be recorded by a Bidder for reference. If the Bidder does not receive an electronic confirmation “VBID” number the Bidder’s upload was not successful or submitted after the Bid date and time. The District will have no responsibility for Bids that do not arrive in a timely manner, no matter the reason. Note: Uploading a Bid requires a personal identification number (PIN). Prior to uploading, verify the PIN is available otherwise contact PlanetBids to obtain the PIN.

District-wide Procurement Request for Bid
Custodial Equipment and Supplies Page 13 of 14
Procurement #FE-23-04-RFB

4.2.4 4.2.5 Delivery Methods Permitted. Deposit of Bidders shall be by electronic upload only. Oral, telephonic, telegraphic, facsimile transmitted Bids shall not be considered.

4.3 WITHDRAWAL OR RESUBMISSION OF BID

4.3.1 No Withdrawal After Date for Receipt of Bids. Except as otherwise permitted by the RFB Documents, this Bid shall remain open for a period of sixty (60) Days after the Date for Receipt of Bids and during that period of time shall not, without the written consent of the District, be modified, withdrawn or canceled by the Bidder.

4.3.2 Withdrawal Prior to Date for Receipt of Bids. Prior to the time and Date for Receipt of Bids, a Bid submitted may be withdrawn by notice to the party receiving Bids at the place designated for receipt of Bids as provided in the Notice to Bidders. Such notice shall be in writing over the signature of the Bidder. Written confirmation over the signature of the Bidder shall be received, and date and time-stamped by the receiving party on or before the time and Date of Receipt of Bids.

4.3.3 Resubmission. Withdrawn Bids may be resubmitted up to the time and Date of Receipt of Bids provided that they are then fully in conformance with these RFB Documents.

ARTICLE 5

CONSIDERATION OF BIDS

5.1 OPENING OF BIDS
All Bids shall be received at the Online Vendor Portal no later than Local Time. Without limitation to the District's right to reissue the RFB, if two or more responsive Bidders from responsible Bidders are the same, then the successful Bidder may be chosen by the District or multiple Awards may be made.

5.2 REJECTION OF BIDS
The District shall have the right to reject any or all Bids. A Bid not accompanied by Bidder submittals required by the RFB Documents, or a Bid which is in any way incomplete or irregular, is subject to rejection.

5.3 WAIVER OF IRREGULATIES.

The District shall have the right to waive informalities and irregularities in a Bid received or in the RFB process.

5.4 AWARD

5.4.1 Basis of Award. It is the intent of the District to Award One Purchase Agreement per Classification to the highest overall rated responsive and responsible Bidder who have submitted their Bid in accordance with the requirements of the RFB Documents.

5.4.2 Notice of Award. Within 120 Days following the Receipt of Bids, the District will issue a Notice of Intent to Award the Purchase Agreement identifying the name of the Bidder(s) to whom the District intends to Award and such notice may be posted at the Online Vendor Portal. The District may, in its sole and exclusive discretion, elect to extend the time for its issuance of its Notice of Intent to Award.

5.4.3 Protests Procedures. Refer to Attachment 18.

In the event of a conflict between any of the provisions at the Online Vendor Portal and the RFB documents, the provisions in the RFB documents shall control.

District-wide Procurement Request for Bid
Custodial Equipment and Supplies Page 14 of 14
Procurement #FE-23-04-RFB
ARTICLE 6

CONTRACT
The successful Bidder shall be required to execute the Purchase Agreement in the form included in the RFB Documents. The Purchase Agreement shall not be binding upon the District until it has been approved by the Board of Trustees and executed by the District.

END OF REQUEST FOR BID

EXHIBIT A

MINIMUM PERFORMANCE AND SERVICE REQUIREMENTS
District-wide Procurement Minimum Performance and Service Requirements Custodial Equipment and Supplies Page 1 of 4
Procurement #FE-23-04-RFB
Listed below are the specific minimum performance and service requirements for the Custodial Equipment and Supplies Request for Bid (RFB). This form must be completed and submitted with the RFB. The completed form of the following Minimum Performance & Service Requirements must be executed where noted by a responsible and authorized employee or officer of the Supplier submitting the RFB. Each requirement includes a specific explanation of its value to the Colleges and District, and is considered mandatory to provide.

If a Supplier does not agree to all the requirements in this Exhibit, they may be found nonresponsive.

Assures the District that no product that
cannot withstand the rigors of this
environment will be procured.
3 All products must carry a warranty
inclusive of parts (and labor) for a
minimum of five (5) years, available
through either the Manufacturer or the
Authorized Servicing agency.

Reduces labor costs for District to manage
additional paperwork for details that are
outside of their control, resulting in financial
savings.

EXHIBIT A

MINIMUM PERFORMANCE AND SERVICE REQUIREMENTS
District-wide Procurement Minimum Performance and Service Requirements Custodial Equipment and Supplies Page 2 of 4
Procurement #FE-23-04-RFB
Criterion/
Category Item Requirement Justification
-AManufacturer
Requirements
(cont’d)
7 Provide local manufacturer representation
(may be in addition to a dealer
representative) who will facilitate product
specification accuracy, technical
specifications for building interface,
project scheduling, shipment and
warranty issues with Service Provider.

Assures supplier ownership of
Manufacturers’ performance and project
success, reducing costs; sets realistic
expectations for communications between
the supplier and the District.

EXHIBIT A

MINIMUM PERFORMANCE AND SERVICE REQUIREMENTS
District-wide Procurement Minimum Performance and Service Requirements Custodial Equipment and Supplies Page 3 of 4
Procurement #FE-23-04-RFB
Criterion/
Category Item Requirement Justification
-BService
Requirements
(cont’d)
6 Vendor must provide one (1) free detailed
training on the operation of the units
provided to pre-determined College staff
following delivery.

Reduces the potential downtime for the
College in cases of product malfunction or
warranty issues.
8 Provide project quotations, asset roll-ups,
and invoicing per District’s established
protocol. Vendor must accommodate
District requirements for Quotes, Invoice
Format, Timing, and other relevant order
details.

Reduces the potential for information not
being provided to the District.
10 Vendor agrees to provide the appropriate
material handling equipment – pallet
jacks, four and two-wheel dollies, etc. –
necessary for inside delivery of all
products.

NOTE: Addresses in Exhibit B – Delivery
Locations are for reference and logistic
considerations ONLY. The final delivery
location will be provided in an Order or by
the College representative.

Reduces cost to the Colleges by eliminating
College facilities involvement and redelivery.

EXHIBIT A

MINIMUM PERFORMANCE AND SERVICE REQUIREMENTS
District-wide Procurement Minimum Performance and Service Requirements Custodial Equipment and Supplies Page 4 of 4
Procurement #FE-23-04-RFB
Criterion/
Category Item Requirement Justification
-BService
Requirements
(cont’d)
12 Using the Key Performance
Requirements listed in Exhibit C –
Technical Specifications, recommend
only those specific manufacturer’s
product solutions that best meet the
District business requirements. It is the
Vendor’s responsibility to make that
determination and recommend only
products that demonstrate those inherent
qualities.

Requires Manufacturer to have intimate
knowledge of both District needs and
manufacturing capability, increasing the
probability that effective and appropriate
solutions will be presented.
13 Communicate any and all changes to the
schedule, requirements, or expectations
in writing, addressed to the District
contact and copied to purchasing contact.

Agency commits to providing written
confirmation of site availability for
installation no later than three (3) weeks
prior to scheduled date.

Reduces the possibility of verbal commands
that could incur expense to the District.

Resolve issues within ten (10) days.

Reduces costs to District as well as potential
delays to opening new facilities.

I have read and understood the expectations defined in Exhibit A: Minimum Performance and Service Requirements.

Name: ___________________________________ Supplier: __________________________________ Title: ____________________________________ Date: __________________________________ Signature:

DELIVERY LOCATIONS
FOR

DISTRICT MAIN COLLEGES

EAST LOS ANGELES COLLEGE LOS ANGELES PIERCE COLLEGE
(“ELAC”) (“LAPC”)
1301 Avenida Cesar Chavez 6201 Winnetka Avenue
Monterey Park, CA 91754 Woodland Hills, CA 91371

LOS ANGELES CITY COLLEGE LOS ANGELES SOUTHWEST COLLEGE
(“LACC”) (“LASC”)
840 Heliotrope Drive 1600 West Imperial Highway
Los Angeles, CA 90029 Los Angeles, CA 90047

LOS ANGELES HARBOR COLLEGE LOS ANGELES TRADE-TECHNICAL COLLEGE (“LAHC”) (“LATTC”)
1111 Figueroa Place 2100 S. Flower St.

Wilmington, CA 90744 Los Angeles, CA 90007

LOS ANGELES MISSION COLLEGE LOS ANGELES VALLEY COLLEGE
(“LAMC”) (“LAVC”)
13356 Eldridge Avenue 5800 Fulton Ave.

Sylmar, CA 91342 Van Nuys, CA 91401

WEST LOS ANGELES COLLEGE
(“WLAC”)
4800 Freshman Drive
Culver City, CA 90230

ADDITIONAL LOCATIONS

SATELLITE COLLEGE(S)

SOUTHGATE EDUCATIONAL CENTER
2525 Firestone Boulevard
Southgate, CA 90280
District-wide Procurement
Custodial Equipment and Supplies
Procurement #FE-23-04-RFB
Delivery Locations

Page 1 of 1 ends

EXHIBIT C

BID FORM
District-wide Procurement
Custodial Equipment and Supplies
Procurement #FE-23-04-RFB
Bid Form
1 of 3
Name of Bidder:

Address:

City, State, Zip:

TO: The Los Angeles Community College District, acting by and through its Board of Trustees, herein called the "District".

Item No. Item Description Discount off List (Product Only) - Stated in Number Percentages Advance/ Nilfisk CleanMax IPC Eagle NSS ProTeam Sanitaire Windsor/ Karcher

0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00%
Average Discount for Line 1:

Advance/ Nilfisk
ICE intelligent
Cleaning
Equipment
NSS ProTeam Viper Windsor/
Karcher

0.00% 0.00% 0.00% 0.00% 0.00% 0.00%
Average Discount for Line 2:

Kaivac/Versa MotorScrubber Square
Scrub

0.00% 0.00% 0.00%
Average Discount for Line 3:

Hydro Tek Windsor/
Karcher

0.00% 0.00%
Average Discount for Line 4:

Advance/ Nilfisk NSS Viper Windsor/
Karcher

0.00% 0.00% 0.00% 0.00%
Average Discount for Line 5:

Windsor/
Karcher

0.00%
Average Discount for Line 6: 0.00%
Unger

0.00%
Average Discount for Line 7: 0.00%
PortaCool

0.00%
Average Discount for Line 8: 0.00%

0.00%

0.00%
Pursuant to the Notice to Bidders, the undersigned Bidder, having carefully examined all of the Bidding Documents, proposes and agrees to furnish, in accordance with the Bidding Documents and Modified by all Addenda issued prior to submission of this Bid (including, without limitation, the Terms and Conditions) all things necessary for the undersigned to furnish the below-listed Goods to the Los Angeles Community College District for the following discounts. 2 Floor Burnishers, Floor Scrubbers, Sweepers,
Sweepers/Scrubbers, Multi-Surface Cleaners, Push/Ride on Cleaners, Orbital Auto Scrubbers, and Accessories
3 Restroom Cleaning Equipment and Accessories
Vacuums - Upright, Canister, Wide Area, Lightweight Backpack, Wet-Dry, and Accessories 1
Classification A: Cleaning Equipment and Accessories (Listed Brands or Equal)

0.00%

0.00%
5 Carpet Cleaning Equipment, Carpet Cleaners, Dual
Cleaner/Extractor, Canister Extractor and Carpet Extractors, and Accessories
6 Gum Cleaners, Steam Cleaners, and Accessories
7 Window Cleaning Equipment, DI Pure Water System, Hydro Power Equipment, Squeegees, and Accessories
4 Pressure Washers and Accessories
8 Portable Cooler, Portable Air Conditioners, Air Purifiers, and Accessories

EXHIBIT C

BID FORM
District-wide Procurement
Custodial Equipment and Supplies
Procurement #FE-23-04-RFB
Bid Form
2 of 3
Item No. Item Description Discount off List (Product Only) - Stated in Number Percentages Fresh Wave IAQ

0.00%
Average Discount for Line 9: 0.00%
Nilfisk Windsor/
Karcher

0.00% 0.00%
Average Discount for Line 10:
3M Advance/
Nilfisk Impact Rubbermaid Safety Zone Spartan Windsor/ Karcher

0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00%
Average Discount for Line 11:

Overall Average Discount for Classification A:

Tennant

0.00%
Tennant

0.00%
Overall Average Discount for Classification B:

Green Machines

0.00%
Green Machines

0.00%
Overall Average Discount for Classification C:

Nighthawk

0.00%
Nighthawk

0.00%
Overall Average Discount for Classification D:

0.00%

0.00%
17 General Cleaning Parts & Supplies
NOTE: THE BID DISCOUNT IS THE MINIMUM COMPETITIVE DISCOUNT OFFERED ON PRODUCT ONLY FOR THE TERM OF THE CONTRACT. APPLICABLE THIRD PARTY FREIGHT, DELIVERY, ANY OTHER FEES AND SALES TAX WILL BE QUOTED SEPARATELY AT THE TIME OF THE QUOTE.

0.00%
9 Odor Abatement Equipment and Accessories
General Cleaning Parts & Supplies
15 General Cleaning Parts & Supplies
12 Floor Burnishers, Floor Scrubbers, Sweepers,
Sweepers/Scrubbers, Multi-Surface Cleaners, Push/Ride on Cleaners, Orbital Auto Scrubbers, Carpet Extractors, Vacuums, Specialty Cleaning Equipment, Dryers, and Accessories
14 Sustainable Sweepers (Ride-on/Walk Behind) and Accessories Classification C: Sustainable Sweeping Machines and Accessories (Listed Brand or Equal) Classification D: Enclosed Road Sweepers and Accessories (Listed Brand or Equal) 16 Enclosed Road Sweepers and Accessories
10 Road Sweepers and Accessories
11 General Cleaning Parts & Supplies - Buckets, Wringers, Containers, Mops, Brooms, Dust Pan, Sprayer, Cloths, Step Ladders, Squeegee, Scrapers, Brushes, Dollies, Hoses,
Signage, Toilet Bowl Cleaners, Carts, Air Mover, Chemicals, etc.

0.00%

0.00%
Classification B: Tennant Cleaning Equipment and Accessories (Listed Brand or Equal) 13 EXHIBIT C

BID FORM
District-wide Procurement
Custodial Equipment and Supplies
Procurement #FE-23-04-RFB
Bid Form
3 of 3
Item No. Bid Item Description No. of Units for
Bidding
Delivered Bid
Price Stated in
Figures
Carry Up Labor/Regular 1 (ONE) HOUR
Carry Up Labor/Over Time 1 (ONE) HOUR
Installer or Technician Labor/Regular 1 (ONE) HOUR
Installer or Technician Labor/Over Time 1 (ONE) HOUR
Storage Rates per Cubic Foot, Beyond 30 Days 1 (ONE) CU FT Additional Training Beyond Initial Set-up 1 (ONE) HOUR
Lifting or Moving Equipment Services (Rental Per Hour) 1 (ONE) HOUR Bid Item Description
Yes No
16 Are you able to provide
preventative care on equipment if
required?
Contract rates for services required above and beyond those defined in the Standard Scope of Work defined in Exhibit A: Mandatory Performance and Service Requirements (attach separate page for additional rate details as needed)
Additional Unit Pricing for Ancillary Products and Services 15 Preventative Care (to be priced at the time of the quote) District-wide Procurement
Custodial Equipment and Supplies
Procurement #FE-23-04-RFB Discount on Other Brands (Supplemental) 1 of 1
Brand Discount
off List List Other Brands Discount off List List Other Brands Discount off List List Other Brands Discount off List Classification A: Classification B: Classification C: Classification D:

All Other Brands 0.00% All Other Brands 0.00% All Other Brands 0.00% All Other Brands 0.00% 3M 0.00% 3M 0.00% 3M 0.00% 3M 0.00%
Advance 0.00% Advance 0.00% Advance 0.00% Advance 0.00% American-Lincoln 0.00% American-Lincoln 0.00% American-Lincoln 0.00% American-Lincoln 0.00% Amarsco 0.00% Amarsco 0.00% Amarsco 0.00% Amarsco 0.00% Aztec 0.00% Aztec 0.00% Aztec 0.00% Aztec 0.00%
Betco 0.00% Betco 0.00% Betco 0.00% Betco 0.00%
CIMEX 0.00% CIMEX 0.00% CIMEX 0.00% CIMEX 0.00%
Clarke 0.00% Clarke 0.00% Clarke 0.00% Clarke 0.00%
CleanMax 0.00% CleanMax 0.00% CleanMax 0.00% CleanMax 0.00% Diamabrush 0.00% Diamabrush 0.00% Diamabrush 0.00% Diamabrush 0.00% Factory Cat 0.00% Factory Cat 0.00% Factory Cat 0.00% Factory Cat 0.00% IPC Eagle 0.00% IPC Eagle 0.00% Green Machines 0.00% IPC Eagle 0.00% Impact 0.00% Impact 0.00% IPC Eagle 0.00% Impact 0.00%
Kaivac Cleaning Systems 0.00% Kaivac Cleaning Systems 0.00% Impact 0.00% Kaivac Cleaning Systems 0.00% Karcher 0.00% Karcher 0.00% Kaivac Cleaning Systems 0.00% Karcher 0.00% Koblenz 0.00% Koblenz 0.00% Karcher 0.00% Koblenz 0.00% Minuteman 0.00% Minuteman 0.00% Koblenz 0.00% Minuteman 0.00% Motor Scrubber 0.00% Motor Scrubber 0.00% Minuteman 0.00% Motor Scrubber 0.00% MYTEE 0.00% MYTEE 0.00% Motor Scrubber 0.00% MYTEE 0.00% Nacecare Solutions 0.00% Nacecare Solutions 0.00% MYTEE 0.00% Nacecare Solutions 0.00% Nilfisk Advance 0.00% Nilfisk Advance 0.00% Nacecare Solutions 0.00% Nighthawk 0.00% Nobles 0.00% Nobles 0.00% Nilfisk Advance 0.00% Nilfisk Advance 0.00% NSS 0.00% NSS 0.00% Nobles 0.00% Nobles 0.00%
Onyx 0.00% Onyx 0.00% NSS 0.00% NSS 0.00%
Pacific Floor Care 0.00% Pacific Floor Care 0.00% Onyx 0.00% Onyx 0.00% Sanitaire 0.00% Sanitaire 0.00% Pacific Floor Care 0.00% Pacific Floor Care 0.00% Safety Zone 0.00% Safety Zone 0.00% Sanitaire 0.00% Sanitaire 0.00% SquareScrub 0.00% SquareScrub 0.00% Safety Zone 0.00% Safety Zone 0.00% Tennant 0.00% Tennant 0.00% SquareScrub 0.00% SquareScrub 0.00% VAPamore 0.00% VAPamore 0.00% Tennant 0.00% Tennant 0.00% Viper 0.00% Viper 0.00% VAPamore 0.00% VAPamore 0.00%
Windsor 0.00% Windsor 0.00% Viper 0.00% Viper 0.00%

0.00% 0.00% Windsor 0.00% Windsor 0.00%

0.00% 0.00% 0.00% 0.00%

0.00% 0.00% 0.00% 0.00%
Exhibit C - Discount on Other Brands (Supplemental)
All Types of Floor Cleaning Equipment
& Accessories by Brand
Fill in the Minimum Discount on each Brand, or Equal, available for purchase so these brands get included in the awarded contract. List any other brands as desired. (You may attach a separate sheet if the table below is insufficient, and indicate the Classification it's for).

LOS ANGELES COMMUNITY COLLEGE DISTRICT

SUSTAINABLE BUILDING PROGRAM

EXHIBIT D

BID SHEET
District-wide Procurement
Custodial Equipment and Supplies
Procurement #FE-23-04-RFB
Bid Sheet
1 of 2
A.

Max. Points 20
Max. Points 10
Qualified CED and LSEDV Vendor - Add 10 Points
Max. Points 60
Based on the lowest price per Classification, an additional maximum of 60 points will be assigned to Exhibit "C" discount by Classification, for a total of 100 possible points per Classification. 4) Price
Complete the CED and LSEDV Certification Form and attach applicable documents. If qualified, worth ten (10) points; if not qualified, worth zero (0) points. To be determined by the Program Management Office ("PMO"). 3) Community Economic Development ("CED") and Local, Small, Emerging and Disabled Veteran ("LSEDV") Certification
THIS FORM EXHIBIT "D” AND REQUIRED DECLARATION AS INDICATED BELOW MUST BE COMPLETED IN ITS ENTIRETY OR YOUR BID MAY BE CONSIDERED NON-RESPONSIVE.
1) Classifications
Quantity of Classifications – Check all Classifications for which you are submitting a Bid:
2) Resources
Key Personnel Resources – Provide the quantity of local in-house and sub-contracting staff capabilities available to the District for all project types for both initial installation and warranty work: (Provide a quantity of local personnel available: i.e. 4 customer service, 12 installation personnel, 6 delivery vehicles, etc.) Local delivery vehicles :

Total: 0
Customer service personnel:

Service personnel :

Delivery team members :

Cleaning Equipment and Accessories
Tennant Cleaning Equipment and Accessories
Sustainable Sweeping Machines and Accessories
Enclosed Road Sweepers and Accessories
5) Piggyback Acknowledgement
I acknowledge this Bid is for use by the California Community Colleges and other California Public Agencies as described in the Request for Bids (RFB), Section 4.1.14 PIGGYBACK CLAUSE.

Authorized Representative Initials

LOS ANGELES COMMUNITY COLLEGE DISTRICT

SUSTAINABLE BUILDING PROGRAM

EXHIBIT D

BID SHEET
District-wide Procurement
Custodial Equipment and Supplies
Procurement #FE-23-04-RFB
Bid Sheet
2 of 2
Yes: No:

Yes: No:

Bidder:

Print Name:

Signed By:
(Signature)
TO THE BOARD OF TRUSTEES OF THE LOS ANGELES COMMUNITY COLLEGE DISTRICT:

The undersigned Bidder, having become familiar with the Minimum Performance and Service Requirements (Exhibit "A"), Bid Form (Exhibit “C”), and Authorized 3rd Party Service Provider (Exhibit "F"), hereby offers to provide the Goods and Services described above and conforming to the specifications contained in the Request for Bid and the Contract requirements contined in the Purchase Agreement attached to this Requst for Bid.

Title:

Date:
(Print Complete Legal Name of Firm)
If awarded a contract as a result of this RFB it is acknowledged our firm will accept the terms and conditions of the Sample Agreement as posted or amended by Addenda at the Online Vendor Portal. 7) Contract Acceptance
CONFIRMATION: All orders placed by the District are to be priced with one training (as required in Exhibit "A" B.6), exclusive of any fees such as freight, delivery, and taxes. FOB Destination (cost borne by vendor). 6) FOB Destination

EXHIBIT E
BIDDER’S QUESTIONNAIRE
The Proposer shall furnish all the following information accurately and completely. Failure to comply with this requirement may render the response invalid and may cause its rejection. Additional sheets may be attached if necessary. “You” or “your” as used herein refers to the proposer’s firm and any of its owners, officers, directors, shareholders, parties, or principals. The District has discretion to request additional information.

1. Your company has the capability of delivering Custodial Equipment and Supplies as defined in Exhibit A to all of the nine (9) District colleges.

Yes No (if your answer is no, please define your limitations):

2. List a minimum of three (3) other educational facilities to which you have sold Custodial Equipment and Supplies.

4. Has your firm ever been terminated or defaulted from a contract for any reason in the last five (5) years?
Yes No
(if answer is yes, please explain):

District-wide Procurement
Custodial Equipment and Supplies
Procurement #FE-23-04-RFB
Bidder's Questionnaire

Page 1 of 3 ends

EXHIBIT E
BIDDER’S QUESTIONNAIRE
List the person who should be contacted regarding the bid to answer any additional questions.

Name and Title
Phone
Cell Phone
Email Address

5. Are you a sole proprietorship? If yes, please attach a copy of your business license.

Yes No
If you are a corporation, furnish the number issued by the Secretary of State. ID# .

Verify the Entity Name and Entity Number for your firm by visiting the Secretary of State web site for your firm’s state of incorporation (Inc.), limited liability company (LLC) or limited partnership (LP). For Californian entities the website is found here: California Secretary of State. Print and submit registration information from the Secretary of State website (see attached SAMPLE).

6. Piggyback Acknowledgement:

I acknowledge this bid is for use by the California Community Colleges and other California Public agencies as described in the Purchase Agreement, Section 4.5

OTHER DESIGNATED DISTRICTS AND AGENCIES
Authorized Representative Initials

Yes No
District-wide Procurement
Custodial Equipment and Supplies
Procurement #FE-23-04-RFB
Bidder's Questionnaire

Page 2 of 3 ends

EXHIBIT E
BIDDER’S QUESTIONNAIRE

8.SB854 Compliance Certification:

Authorized Representative Initials

9. Contract Acceptance:

If awarded a contract as a result of this RFB, it is acknowledged our firm will accept the terms and conditions of the Sample Agreement as posted or amended by Addenda at the Online Vendor Portal.

Name: Supplier:

Title: Date:

Signature:

District-wide Procurement
Custodial Equipment and Supplies
Procurement #FE-23-04-RFB
Bidder's Questionnaire

Page 3 of 3 ends

LOS ANGELES COMMUNITY COLLEGE

DISTRICT

SUSTAINABLE BUILDING PROGRAM
(Submit to Project Manager at Time of Quote for Equipment Requiring Installation by 3rd Party Service Provider or Manufacturer)
Submit this information in the following Table format and include it at the time a quote is prepared. Exhibit “F” – Authorized 3rdParty Service Providerwill be attachedto Purchase Orders.

Required Format
Name Address City/State/ Zip
Code
Phone Number Contact
Person
Locator ID
The Following requirements apply to 3rd Party Service Providers:

Item Requirement Justification
1 3rd Party Service Provider agrees to provide Factory Certified Installation personnel. Accept full responsibility for project delays incurred due to slow installation by installation crew.

Reduces potential for costly project delays;
insures installation of products in safest
manner; reduces potential labor costs for
repairs after installation.
2 3rd Party Service Provider receives, inspects, performs incidental assembly, sets in place, confirms operability of all equipment, handles all shipping claims, coordinates with Distributor and or Manufacturer to replace equipment damaged in transit, Coordinates with Distributor and or Manufacturer to replace equipment which arrives dead on arrival (DOA).

Assures the District all equipment is
operable on the building opening day and
all claims are managed by the 3rd Party
Service Provider saving the District money.
3 3rd Party Service Provider agrees to provide appropriate material handling equipment – pallet jacks, four and two wheel dollies, etc. – necessary for inside delivery and White Glove installation services.

Reduces cost to the college by eliminating
the need to add staff or sub-contractors.
4 3rd Party Service Provider agrees to provide an on-site, Project Manager (PM) with complete installation documentation and schedules at all times during installation (note: this may be a Factory Certified Lead Installer). The PM shall be proficient in the English language.

Assures excellent communication during
installation and prompt problem resolution
during the critical, final phase of the
building completion.
5 3rd Party Service Provider agrees to, at a minimum; meet once with the District PM overseeing the equipment installation no fewer than ten (10) days in advance of installation.

Creates communication channel between
District PM and 3rd Party Service Provider
to facilitate a smooth installation and
review the site prior to installation.

District-wide Procurement
Custodial Equipment and Supplies
Procurement #FE-23-04-RFB
Authorized 3rd Party Service Provider

Page 1 of 2 ends

LOS ANGELES COMMUNITY COLLEGE

DISTRICT

SUSTAINABLE BUILDING PROGRAM
(Submit to Project Manager at Time of Quote for Equipment Requiring Installation by 3rd Party Service Provider or Manufacturer)
Item Requirement Justification
6 3rd Party Service Provider agrees to protect all areas of the site during installation including and not limited to the newly constructed space, path of travel and conveyances. 3rd Party Service Provider assumes responsibility for site damage. Any damage to be repaired within ten (10) days.

Reduces costs to the District and assigns
responsibility to the 3rd Party Service
Provider to repair any damages during
installation of equipment.
7 3rd Party Service Provider removes all trash and debris from site and leave broom clean daily.

Provides a clean space at the start of each
day; protects equipment already installed;
and provides a clean space at the end of
equipment installation.

Having read and understood the expectations defined in Exhibit “F”: Authorized 3rd Party Service Provider.

Name: Supplier:

Title: Date:

Signature:

District-wide Procurement
Custodial Equipment and Supplies
Procurement #FE-23-04-RFB
Authorized 3rd Party Service Provider

Page 2 of 2 ends

EXHIBIT G

ACKNOWLEDGEMENT OF ADDENDA
I, the undersigned, certify that I am an authorized agent or officer of the entity submitting this Bid and responses to the Los Angeles Community College District’s Request for Bids (RFB) for the Project and that I am empowered to submit the Bid and Pricing responses on behalf of:
___________________________________________________;
In connection with the Request for Bids process, I hereby acknowledge that my firm has received and considered the following number of addenda issued for the Project:

Addendum No. Date Received
Total Number Addenda issued and reviewed: __________________________________________ [insert total # of Addenda above]
By: Signature: _____________________________________________ Print Name: _____________________________________________ Title: _____________________________________________
Date: _____________________________________________
Corporation Name:
[Seal and Attest]
State of Incorporation:

Business Address:

Business Address 2:

Business Telephone:

Business E-mail:

District-wide Procurement
Custodial Equipment and Supplies
Procurement #FE-23-04-RFB
Acknowledgement of Addenda

Page 1 of 1 ends

Los Angeles Community Colleges
City • East • Harbor • Mission • Pierce • Southwest • Trade-Technical • Valley • West

COMMUNITY ECONOMIC DEVELOPMENT (CED) PROGRAM AND LSEDV BUSINESS PARTICIPATION In accordance with Los Angeles Community College District (“LACCD) Board of Trustees established Community Economic Development Program which was reaffirmed on June 25, 2003 and January 15, 2014, points will be awarded to firms that are certified and/or verified to be a local, small, emerging, or disabled-veteran owned enterprise.

Applicant firm – Please check at least one of the following options and provide backup documentation:

Local “Local” shall mean a business that has its principal headquarters located within Los Angeles County. A Local Business Enterprise is a business having its principal place of business in the County of Los Angeles for at least the preceding twelve months.

Certification from the County of Los Angeles as a LSBE; or Copy of Certification from the City of Los Angeles as LBE Small “Small” as defined in the same terms established by the U.S. Small Business Administration www.sba.gov/content/am-i-small-business-concern
Submit Certification from the U.S. Small Business Administration or California public agency.

Emerging “Emerging” shall mean a small firm that has been in business in its substantially current form for up to five (5) years.

Submit company formation documentation in the same name as the Applicant.

Disabled
Veteran
“Disabled Veteran” as defined in the same terms established by the State of California Department of General Services. www.dgs.ca.gov/pd/Programs/OSDS/DVBEEligibilityBenefits.aspx Submit current DVBE certification.

None of
the above
Applicant does not qualify under any of the above LSEDV Business Criteria.

Additional information being requested and will not be considered for the scoring of this submission as part of this RFQ process. Please check any of the following that are applicable:
_____ Minority Business Enterprise
(“MBE”)
_____ Can a certification document be provided upon request? _____ Women Business Enterprise
(“WBE”)
_____ Can a certification document be provided upon request? _____ LGBTQ _____ Can a certification document be provided upon request? District-wide Procurement
Custodial Equipment and Supplies
Procurement #FE-23-04-RFB
CED and LSEDV Certification

Page 1 of 2 ends

Los Angeles Community Colleges
City • East • Harbor • Mission • Pierce • Southwest • Trade-Technical • Valley • West

COMMUNITY ECONOMIC DEVELOPMENT (CED) PROGRAM AND LSEDV BUSINESS PARTICIPATION PLEASE NOTE: Documents supporting certifications are required to be submitted with this form.

Name: Title:

Supplier: Date:

Signature:

District-wide Procurement
Custodial Equipment and Supplies
Procurement #FE-23-04-RFB
CED and LSEDV Certification

Page 2 of 2 ends

NON-COLLUSION DECLARATION
Regarding the Custodial Equipment and Supplies Request for Bid (RFB), the undersigned Bidder hereby declares as follows:

I am the _________________________ of ___________________________________, the party or Bidder (“Bidder”) submitting the Bid submitted with this declaration for the purchases and services sought by the Request for Bid (RFB) for Custodial Equipment and Supplies. The Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The Bid is genuine and not collusive or a sham. The Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham Bid. The Bid has not directly or indirectly colluded, conspired, connived, or agreed with any Bid or anyone else to put in a sham Bid, or to refrain from bidding on the Procurement. The Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Bid price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the Bid price, or of that of any other Bid. All statements contained in the Bid are true and correct. The Bidder has not, directly or indirectly, submitted his or her or its Bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company association, organization, Bid and/or Bid depository, or to any member or agent thereof to effectuate a collusive or sham Bid, and has not paid, and will not pay, any person or entity for such purpose.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on __________ [date], at _____________________ [city], ____ [state]." _____________________________________________
[Name of Bidder (Company)]
_____________________________________________
[Signature of Bidder (if individual) or its Officer]
_____________________________________________
[Typed Name of Person Signing]
_____________________________________________
[Office or Title]
District-wide Procurement
Custodial Equipment and Supplies
Procurement #FE-23-04-RFB
Non-Collusion Declaration

Page 1 of 1 ends

CONFLICT OF INTEREST CERTIFICATION
Regarding the Custodial Equipment and Supplies, the undersigned Bidder hereby certifies that:

1. No officer, director, agent, employee, or affiliate of the Bidder has, and none of the subconsultants that Bidder contemplates retaining to perform the services covered by the RFB have, a financial interest in any consultant or contractor currently under agreement to perform work or services for the PMO, any of its consultants or sub-consultants, the District or any of the District’s colleges, excepting the following firms:
.

2. No officer, director, agent, employee, or affiliate of the Bidder has received or given, and none of the sub-consultants that Bidder contemplates retaining to perform the services covered by the Bid have received or given, either directly or indirectly through an intermediary, any gift or gratuity to any consultant or contractor currently under agreement to perform work or services for the PMO, any of its consultants or sub-consultants, the District or any of the District’s colleges, except for the following:
_________________________________________________________________________.

3. No officer, director, agent, employee, or affiliate of the Bidder has, and none of the subconsultants that Bidder contemplates retaining to perform the services covered by the Bid have any affiliation or business relationship with any official, officer, agent, or employee of PMO, any of its consultants or sub-consultants, the District or any of the District’s colleges, or of any consultant or contractor retained by the District, who makes recommendations to the District with respect to the expenditure of money, except for the following affiliation or business relationship:
______________________________________________________________________.

4. No officer, director, agent, employee, or affiliate of the Bidder has, and none of the subconsultants that Bidder contemplates retaining to perform the services covered by the Bid have any affiliation or business relationship with any official, officer, agent, or employee of the PMO, any of its consultants or sub-consultants, the District or any of the District’s colleges, except for the following affiliation or business relationship:
________________________________________________________________________.

5. No portion of the services covered by the Bid is anticipated to be performed by a person or entity that is already providing, or that Bid has reason to believe may provide in the future, services, advice, or consultation to (1) the District or any of its nine colleges in connection with the District’s Bond Program, (2) any consultant or contractor retained by the District in connection with the District’s Bond Program, or (3) the PMO, any of its consultants or subconsultants, or (4) any sub-consultant or subcontractor of any consultant or contractor retained by District and/or the PMO, except for the following:
______________________________________________________________________________________.

6. The Bidder does not know of any other circumstances, not described above, that create or could be reasonably interpreted as creating, a conflict of interest, except for the following:
_______________________________________________________________________.

District-wide Procurement
Custodial Equipment and Supplies
Procurement #FE-23-04-RFB
Conflict of Interest Certification

Page 1 of 2 ends

Applicant/Proposer:

Signature:

Name and Title:

Date:

District-wide Procurement
Custodial Equipment and Supplies
Procurement #FE-23-04-RFB
Conflict of Interest Certification

Page 2 of 2 ends

NON-DISCRIMINATION DECLARATION
Regarding the Custodial Equipment and Supplies Request for Bid (RFB), Bidder hereby certifies that:

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ___________ [date], at ________________________ [city], _____ [state].

Date: ___________________ _____________________________________________ [Name of Bidder (Company)]
_____________________________________________
[Signature of Bidder (if individual) or its Officer]
_____________________________________________
[Typed Name of Person Signing]
_____________________________________________
[Office or Title]
District-wide Procurement
Custodial Equipment and Supplies
Procurement #FE-23-04-RFB
Non-Discrimination Declaration Form

Page 1 of 1 ends

PAYEE DATA RECORD NEW UPDATE
(Required in lieu of IRS W-9 when doing business with the State of California) Accounting Use Only STD.204 (Build-LACCD Rev. 5. 12/14/17) Vendor No.___________ NOTE: Government entities, federal, state, and local (including school districts) are not required to submit this form.

SECTION 1 must be completed by the requesting state agency before forwarding to the payee

1. PLEASE
RETURN
TO:

STREET ADDRESS
1055 CORPORATE CENTER DR. 5TH FLOOR

CITY, STATE, ZIP CODE
MONTEREY PARK, CA 91754

TELEPHONE NUMBER
(323)981-7200

2. PAYEE’S BUSINESS NAME

3. CONTACT INFORMATION

LAST NAME, FIRST NAME
MAILING ADRESS (Number and Street or P.O. Box Number) TITLE (CITY, STATE, AND ZIP CODE) TELEPHONE NUMBER

4. VENDOR
ENTITY

INFORMATION

PLEASE CHECK ONE BOX ONLY

LEGAL CORPORATION C CORPORATION

MEDICAL CORPORATION S CORPORATION

EXEMPT CORPORATION ESTATE OR TRUST

GENERAL CORPORATION LIMITED PARTNERSHIP

GENERAL PARTNERSHIP LIMITED LIABILITY
PARTNERSHIP of Individual Corporations OTHER
Enter tax Classification ( C=C Corp., S=S Corp., P=Partnership) ENTITY NO.:

ALL OTHER CORPORATIONS
(Federal Employers Identification number/ FEIN)

NOTE: State and local
government entities, including
school districts are not required
to submit this form.

NOTE: Payment will not be
processed without an
accompanying taxpayer I.D.
number
INDIVIDUAL OR SOLE PROPRIETOR SOCIAL SECURITY NUMBER OF OWNER OWNER’S FULL NAME (Print)

_______________________________________ _______________________________________

5. PAYEE

RESIDENCY
STATUS

CHECK APPROPRIATE BOX(ES)
California Resident-Qualified to do business in CA or a permanent place of business in CA Nonresident (See Page 2) Payment to nonresidents for services may be subject to withholding

WAIVER OF STATE WITHHOLDING FROM FRANCHISE TAX BOARD ATTACHED

SERVICES PERFORMED OUTSIDE OF CALIFORNIA/ GOODS SOLD TO CALIFORNIA NOTE:
a. An estate is a resident if
decedent was a California
resident.
b. A trust is a resident if at
least one trustee is a
California resident.
(See page 2)

6. CERTIFYING

SIGNATURE
I hereby certify under penatly of perjury that the information provided on this document is true and correct. If my residency status should be changed, I will promptly inform you.

AUTHORIZED PAYEE REPRESENTATIVES NAME (Type or Print) TITLE

SIGNATURE DATE TELEPHONE NUMBER
Districtwide Procurement
Custodial Equipment and Supplies
Procurement #FE-23-04-RFBPayee Data Record
STD.204 (REV. 22-2000) (REVERSE)
ARE YOU A RESIDENT OR A NONRESIDENT?
Each corporation, individual/ sole proprietor, partnership, estate or trust doing business with the state of California must indicate their residency status along with their taxpayer identification number.

A corporation will be considered a “resident” if it has a permanent place of business in California. The corporation has a permanent place of business in California if it is organized and existing under the laws of this state or, in a foreign corporation has qualified to transact intrastate business. A corporation that has not qualified to transact intrastate business (e.g., corporation engaged exclusively in interstate commerce) will be considered as having a permanent place of business in this state only if it maintains a permanent office in this state that is permanently staffed by its employees.

For individual/ sole proprietors, the term “resident” includes every individual who is in California for other than a temporary or transitory purpose and any individual domiciled in California who is absent for a temporary or transitory purpose.

More information on residency status can be obtained by calling the Franchise Tax Board at the numbers listed below:

From within the United States, call………. 1.800.852.5711
From outside the United States, call ……… 1.916.845.6500 For hearing impaired with TDD, call………. 1.800.822.6268
ARE YOU SUBJECT TO NONRESIDENT WITHHOLDING?
Payments made to nonresident payees, including corporations, individuals, partnerships, estates and trusts, are subject to withholding. Nonresident payees performing services in California or receiving rent, lease or royalty payments from property (real or personal) located in California will have 7% of their total payments withheld for state income taxes.

However, no withholding is required if total payments to the payee are $1500 or less for the calendar year.

A nonresident payee may request that income taxes be withheld at a lower rate or waived by sending a completed form FTB 588 to the address below. A waiver will generally be granted when a payee has a history of filing California returns and making timely estimated payments. If the payee activity is carried on outside of California or partially outside of California, a waiver or reduced withholding rate may be granted. For more information, contact:

Districtwide Procurement
Custodial Equipment and Supplies
Procurement #FE-23-04-RFBPayee Data Record

SUBSTITUTION REQUEST FORM
Los Angeles Community College District
Sustainable Building Program
Districtwide Procurement
Custodial Equipment and Supplies
Procurement #FE-23-04-RFB
Substitution Request Form
1 of 1
DISTRICT-WIDE PROCUREMENT:

PROCUREMENT NO.: FE-23-04-RFB
BID SPECIFICATION - Copy from Exhibit "C"
Item #
SUBSTITUTION SPECIFICATION - Enter Proposed Product Substitution Details Brand Name
Submitted By:

Bidder: Title:

By: Date:

SPACE RESERVED FOR DISTRICT USE ONLY:

Grant Deny
Completed By:

District Position:

Date:

Only one (1) request for Substitution for each product will be considered. Use a separate Substitution Request Form for each proposed Substitution per Product Classification/Item. (Signature)
(Type or Print Complete Legal Name of Firm)
Bidder requests substitution of the following material, product, or item (as found on Exhibit "C").

All Substitutions must include the Minimum Performance & Service Specifications on Exhibit "A".

TO: LOS ANGELES COMMUNITY COLLEGE DISTRICT

CUSTODIAL EQUIPMENT AND SUPPLIES
Substitution Product Description
Attach product data, comparing Key Performance Requirements defined in Exhibit C to the requested Substitution item on one page in the format provided.

Decision on Request(s):

Item Description Baseline Product - Brand
Yes: No:

Supplier agrees to provide originally specified item in the event substitution request is denied? Yes: No:

Does the Substitution affect dimensions defined in the original specifications, if applicable? If yes, clearly indicate changes below.

PROVIDE A RESPONSE TO EACH QUESTION.

Classification

SUBSTITUTION REQUEST FORM
Los Angeles Community College District
Sustainable Building Program
District-wide Procurement
Custodial Equipment and Supplies
Procurement #FE-23-04-RFB
Substitution Request Form
Substitution Comparison
1 of 1
Supplier Name
Procurement Bid Proc. #
Classification Item #
Baseline Product
(Insert Brand Name Here)
(Indicate Yes/No to each)
Additional Key Advanced Features
List each Key Performance Requirement on a separate line Equal or Better Product for
Consideration
(Indicate Yes/No to each)
(Insert Brand Name Here)
Key Performance Requirements
(Copy from Exhibit C and add additional criteria as desired) CUSTODIAL EQUIPMENT AND SUPPLIES FE-23-04-RFB

CHECKLIST
OF

REQUIRED BID SUBMITTALS
Minimum Performance & Service Requirements (Exhibit “A”) Bid Form (Exhibit “C”)
Bid Sheet (Exhibit “D”)
Bidder’s Questionnaire (Exhibit “E”)
Authorized 3rd Party Service Provider (Exhibit “F”), if none, please indicate so on the form, sign the document, and include with your submission Acknowledgment of Addenda (Exhibit “G”)
Community Economic Development ("CED") and Local, Small, Emerging and Disabled Veteran ("LSEDV") Certification
Non-Collusion Declaration
Conflict of Interest Declaration
Non-Discrimination Certification
W-9 or Payee Data
Insurance Certificate(s)
All of the above documents must be completed, signed where applicable, and uploaded to the Online Vendor Portal by the specified Bid deadline.

District-wide Procurement
Custodial Equipment and Supplies
Procurement #FE-23-04-RFB
Checklist of Required Bid Submittals

Page 1 of 1 ends

District-wide Procurement Purchase Agreement
Custodial Equipment and Supplies
Procurement #FE-23-04-RFB

Page 1 of 41 ends

PURCHASE AGREEMENT
Contract No.:

Supplier:

Contact: Name
Telephone:

Email Address:

Address:

Financial ID: 40J.5J55 / 50J.4J55.05
Bid No.: FE-23-04-RFB

THIS MASTER PROCUREMENT AGREEMENT BETWEEN DISTRICT AND SUPPLIER FOR CUSTODIAL EQUIPMENT AND SUPPLIES (“Purchase Agreement”) is entered into on this 4th Day of May, 2023 by and between the LOS ANGELES COMMUNITY COLLEGE DISTRICT, a community college district organized under the laws of the State of California (“District”) and the undersigned Supplier (“Supplier”) / Vendor (“Vendor”).

ARTICLE 1

GENERAL PROVISIONS

1.1. BASIC DEFINITIONS
Capitalized terms used in the contract documents shall have the meanings assigned to them below. Capitalized terms not defined shall have the meanings assigned to them in, or if none is assigned as reasonably understood to apply to them by the context of, the portion of the contract documents where such terms are used.

1.1.2. Addendum means written or graphic information prepared and issued prior to the receipt of Supplier's Bid, which modifies or interprets the Bidding Documents by additions, deletions, clarifications, or corrections.

1.1.3. Alternate means a proposed alternative described in the Bidding Documents for adding, deleting or replacing a particular item of Goods Applicable Laws means all statutes, ordinances, rules, regulations, policies and guidelines enacted by Governmental Authorities (including, without limitation, Environmental Laws and Disability Laws), codes adopted or promulgated by Governmental Authorities (including, without limitation, building and health and safety codes), lawful orders of Governmental Authorities and common law, including, but not limited to, principles of equity applied by the courts of the State of California, which are in effect at any time during performance of the Purchase Agreement or any Order.

1.1.4. Application for Payment (Invoice) means Supplier’s certified application for payment or Invoice in accordance with the Contract Documents.

1.1.5. Award means the action of the Board of Trustees duly approving by resolution District’s entering into the Purchase Agreement with Supplier.

1.1.6. Base Bid means the sum of money stated in a Bid for which the Bidder proposes to perform the obligations described in the Bidding Documents, exclusive of adjustments for Alternates.

1.1.7. Bid means the bid price submitted by Supplier to District in accordance with the Bidding Documents.

District-wide Procurement Purchase Agreement
Custodial Equipment and Supplies
Procurement #FE-23-04-RFB

Page 2 of 41 ends

1.1.8. Bidder means a person or entity submitting a Bid. Bid Classification means a grouping of Goods of various Product Types, for the purpose of facilitating bidding and Award to the successful Bidder of a Purchase Agreement for all of the Goods within that Bid Category.

1.1.9. Bid Form means the form prescribed by the Bidding Documents to be completed and signed by the Bidder and submitted as the Bid.

1.1.10. Bid Price means the Bid Price for one (1) unit of Goods of a particular Product Type, based upon the unit of measurement applicable to such Product Type as set forth in the Bidding Documents.

1.1.11. Bidding Documents means the following collection of documents prepared and issued for the purpose of soliciting Bids for Award of a Purchase Agreement: (1) Notice to Bidders; (2) Instructions to Bidders; (3) Bid Form; (4) Form of Purchase Agreement;; (5) Performance Specifications; (7) Addenda; and (8) those documents, or those portions or provisions of documents that, although not listed among the documents described in Clauses (1) through (7) hereinabove, are expressly cross-referenced therein or attached thereto.

1.1.12. Board of Trustees means the governing board of the Los Angeles Community College District.

1.1.13. Bond Program means the Los Angeles Community College Propositions A and AA and Measure J Bond Programs.

1.1.14. CADD Drafting Manual (sometimes referred to “BIM/CADD Standards“) means the manual and standards developed by District or its Program Manager setting forth the basic requirements for production and use of electronic files and documents.

1.1.15. Chancellor means the Chancellor of District.

1.1.16. Chief Facilities Executive means District’s Chief Facilities Executive, Facilities Planning & Development, or his/her designee designated by District in writing to act on his/her behalf.

1.1.17. Claim is as defined in Article 16 of this Purchase Agreement.

1.1.18. Claims Dispute Resolution Process means the process of resolution of Claims set forth in Article 16 of this Purchase Agreement.

1.1.19. College means a college, or satellite college, of District, acting by and through the College President or his/her designee.

1.1.20. College Construction Health, Safety and Environmental Program means the plan prepared by College Project Director setting forth the policies, procedures and forms to be followed and used by Supplier and others in connection with safety, health and environmental conditions at a Site.

1.1.21. College President means the person duly appointed by the Board of Trustees as President for a College.

1.1.22. College Project Director means the District’s Consultant primarily responsible for management, oversight and supervision of the implementation of the Bond Program as they relate to particular management of improvements being performed for a College.

1.1.23. Community Economic Development Program Outreach Forms means the forms, so titled, that are referenced in the Bidding Documents.

1.1.24. Completed Delivery means the point at which the entirety of a Lot of Goods covered by an Order that has been issued, has been delivered, placed and set-up in conformance with the requirements of the Contract Documents.

District-wide Procurement Purchase Agreement
Custodial Equipment and Supplies
Procurement #FE-23-04-RFB

Page 3 of 41 ends

1.1.25. Compliant Goods means the Goods described in Exhibit “D” hereto in strict accordance with the requirements of this Purchase Agreement and the other Contract Documents, including, without limitation, the Performance Specifications attached hereto as Exhibit “D”

1.1.26. Contract Documents means the following collection of documents governing Supplier’s performance associated with an Order: (1) the Purchase Agreement between District and Supplier, Addenda issued prior to execution of the Purchase Agreement; (2) the Order; and (3) those documents, or those portions or provisions of documents that, although not listed among the documents described in Clauses (1) through (2) hereinabove, are expressly cross-referenced therein or attached thereto.

1.1.27. Date for Receipt of Bids means the date and time specified in the Notice to Bidders as the deadline for receipt of Bids, as amended by Addendum.

1.1.28. Day, whether capitalized or not, and unless otherwise specifically provided, means calendar day, including weekends and Holidays.

1.1.29. Defective Goods means any portion of the Goods, or the services provided by Supplier in connection therewith, that is unsatisfactory, faulty, omitted, incomplete, and deficient or does not conform to Applicable Laws, the Contract Documents or the requirements of any inspection, reference standard, test, code or approval specified in the Contract Documents.

1.1.30. Delay, whether capitalized or not, means any circumstances involving delay, disruption, hindrance or interference in the delivery of Goods.

1.1.31. Delivery Date means the Day designated in an Order for Completed Delivery of all or a portion of the Goods to a Destination, as adjusted for changes in the Delivery Date communicated to Supplier in accordance with District’s rights under the Contract Documents and for extensions of time authorized by the Purchase Agreement.

1.1.32. Design Consultant means a person or entity under contract with District primarily responsible to provide design, engineering and related construction administration services to District for a project in which some or all of the Goods furnished by Supplier will be placed or incorporated.

1.1.33. Design Documents means all plans, drawings, tracings, specifications, programs, reports, calculations, models, presentation materials and other materials or documents containing designs, specifications or engineering information prepared by or at the request of District, including, without limitation, computer aided design materials, electronic data files and paper copies. The term “Design Documents” includes, without limitation, all building and other designs depicted therein, as well as the physical documents themselves.

1.1.34. Destination means the destination at a College campus designated in an Order for delivery of Goods.

1.1.35. Disability Laws means applicable federal, state, local or municipal laws, rules, orders, regulations, statutes, ordinances, codes, decrees, or requirements of any Government Authority, which regulate, relate to or impose liability or standards of conduct with respect to, or accessibility for, persons with disabilities, including, without limitation, the Americans with Disabilities Act (42 USCA §§ 12101 et seq.) and the Fair Housing Amendments Act of 1988 (42 USCA §§ 3604 et seq.).

1.1.36. Discovery Date, used in reference to Supplier’s obligation to give written notice of certain facts, conditions or circumstances, means the earlier of the dates that Supplier either: (1) discovered such facts, conditions or circumstances, or (2) should have discovered such facts, conditions or circumstances in the exercise of reasonable care practiced by the those furnishing materials of the same or similar type to those provided for purchase under the Purchase Agreement.

1.1.37. District means the Los Angeles Community College District, a community college district organized under the laws of the State of California, acting through its Chancellor, Executive Director or their designees designated by him/her to act on his/her behalf.

District-wide Procurement Purchase Agreement
Custodial Equipment and Supplies
Procurement #FE-23-04-RFB

Page 4 of 41 ends

1.1.38. District Consultant means a consultant engaged by District to provided professional advice.

1.1.39. District Website means the website maintained by District at http://www.laccd.edu, including, without limitation, any related websites for which links are provided on the District Website.

1.1.40. Environmental Laws means all applicable federal, state, local or municipal laws, rules, orders, regulations, statutes, ordinances, codes, decrees, or requirements of any government authority, which regulate, relate to, or impose liability or standards of conduct concerning any Hazardous Substance (including, without limitation, the use, handling, transportation, production, disposal, discharge or storage thereof), occupational or environmental conditions on, under, or about a Site (including, without limitation, soil, groundwater, and indoor and ambient air conditions), or occupational health or industrial hygiene (but only to the extent related to Hazardous Substances on, under, or about a Site), as now or may at any later time be in effect, including without limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980 [42 U.S.C.A. §§ 9601 et seq.]; the Resource Conservation and Recovery Act of 1976 [42 U.S.C.A. §§ 6901 et seq.]; the Clean Water Act (also known as the Federal Water Pollution Control Act) [33 U.S.C.A. §§ 1251 et seq.]; the Toxic Substances Control Act [15 U.S.C.A. §§ 2601 et seq.]; the Hazardous Materials Transportation Act [49 U.S.C.A. §§ 1801 et seq.]; the Insecticide, Fungicide, Rodenticide Act [7 U.S.C.A. §§ 136 et seq.]; the Superfund Amendments and Reauthorization Act [42 U.S.C.A. §§ 6901 et seq.]; the Clean Air Act [42 U.S.C.A. §§ 7401 et seq.]; the Safe Drinking Water Act [42 U.S.C.A. §§ 300f et seq.]; the Solid Waste Disposal Act [42 U.S.C.A. §§ 6901 et seq.]; the Surface Mining Control and Reclamation Act [30 U.S.C.A. §§ 1201 et seq.]; the Emergency Planning and Community Right to Know Act [42 U.S.C.A. §§ 11001 et seq.]; the Occupational Safety and Health Act [29 U.S.C.A. §§ 655 and 657]; the Residential Lead-Based Paint Exposure Act (Title X of the Housing and Community Development Act of 1992) [15 U.S.C.A. §§ 2681 et seq.]; the Lead-Based Paint Poisoning Prevention Act [42 U.S.C.A. §§4821 et seq.] the California Underground Storage of Hazardous Substances Act [Cal.

Health & Safety Code §§ 25280 et seq.]; the California Hazardous Substances Account Act [Cal. Health & Safety Code §§ 25300 et seq.]; the California Hazardous Waste Control Act [Cal. Health & Safety Code §§ 25100 et seq.]; the California Safe Drinking Water and Toxic Enforcement Act [Cal. Health & Safety Code §§ 24249.5 et seq.]; the PorterCologne Water Quality Act [Water Code §§ 13000 et seq.], and all similar federal, state or local laws, rules, orders, regulations, statutes, ordinances, codes, decrees, or requirements.

1.1.41. Evidence of Insurance means the statement, completed by Bidder as specified in the Instruction to Bidders, evidencing the Bidder’s compliance with the insurance requirements of the Bidding Documents.

1.1.42. Excusable Delay means a Delay to Supplier’s ability to achieve Completed Delivery of Goods by the Delivery Date and that is: (1) not caused in whole or in part by the failure of Supplier or its Sub-Suppliers to comply with any obligation under the Contract Documents (including, without limitation, the furnishing of Defective Goods by Supplier or its Sub-Suppliers); and (2) unforeseeable, unavoidable and beyond the control of Supplier and its SubSuppliers. Without limitation to the foregoing, neither the bankruptcy, insolvency nor financial inability of Supplier or any of its Sub-Suppliers, of any Tier, to perform any obligation imposed by Purchase Agreement or Applicable Law shall constitute grounds for Excusable Delay.

1.1.43. Existing Improvements means improvements on a Site, including, but not limited to, buildings, utilities, infrastructure improvements and other facilities.

1.1.44. Goods means collectively generally the materials, items or equipment that are the subject of purchase under the Purchase Agreement, including any incidental services or other documentation required to be furnished by Supplier under the terms of the Contract Documents.

1.1.45. Governmental Authority means the United States, the State of California, and any local, regional, state or federal political subdivision, agency, department, commission, board, bureau, court, judicial or quasi-judicial body, and any legislative or quasi-legislative body, or instrumentality of any of them, which exercises jurisdiction over the Goods, Site, Supplier or District.

1.1.46. Guaranteed Minimum means the minimum dollar value the District has guaranteed will be purchased from Supplier.

District-wide Procurement Purchase Agreement
Custodial Equipment and Supplies
Procurement #FE-23-04-RFB

Page 5 of 41 ends

1.1.47. Hazardous Substance means: (1) any chemical, material or other substance defined as or included within the definition of "hazardous substances," "hazardous wastes," "extremely hazardous substances," "toxic substances," "toxic material," "restricted hazardous waste," "special waste", “contamination” or words of similar import under any Environmental Law, including, without limitation, the following: petroleum (including crude oil or any fraction thereof), asbestos, asbestos-containing materials, polychlorinated biphenyls ("PCBs") and PCB-containing materials, whether or not occurring naturally; or (2) any substance that because of its quantity, concentration or physical or chemical characteristics poses a significant present or potential hazard to human health and safety or to the environment, and which has been determined by any Governmental Authority to be a hazardous waste or hazardous substance.

1.1.48. Holidays means: (1) Martin Luther King Day; Presidents’ Day; Cesar Chavez Day; Memorial Day; Fourth of July; Labor Day; Veteran’s Day; Thanksgiving (two Days); Christmas (two Days); and New Year’s (two Days); and (2) any other holidays hereafter declared by the executive or legislative branches of the United States or State of California as legal holidays and recognized as such by District.

1.1.49. Indemnitees means those persons or entities listed in Paragraph 5.13.1, below, as the “Indemnitees”.

1.1.50. Instructions to Bidders (AKA Request for Bids) means the portion of the Bidding Documents setting forth the requirements to be followed by Bidders in preparing and submitting Bids.

1.1.51. Los Angeles Community College District or LACCD mean the Los Angeles Community College District.

1.1.52. Loss, Losses mean any and all economic and non-economic injuries, losses, costs, liabilities, claims, cost escalations, damages, actions, judgments, settlements, expenses, fines and penalties. "Losses" do not include attorney's fees or court costs, whether arising as an expense or cost of legal proceedings to which Supplier is a party or as a consequential damage claimed against Supplier by any third person or entity.

1.1.53. Lot means a quantity of Goods, of any amount and from one or any combination of Product Types that is designated by District in an Order.

1.1.54. Purchase Agreement means the written Purchase Agreement between District and Supplier for Purchase of Goods contained in the Bidding Documents and executed between District and Supplier.

1.1.55. Master Files Archives System means the master filing system prepared by or at the request of District whereby all documents (electronic and hard copy) are stored for ready access by District, auditors of District or other authorized persons.

1.1.56. Modification means a written agreement between District and Supplier that amends, adds to or revises the provisions of the Purchase Agreement or other Contract Documents.

1.1.57. Non-Collusion Declaration means the form, so titled, required by the Bidding Documents to be submitted by Bidder.

1.1.58. Notice of Completed Delivery means a written notice issued by the College Project Director or District Consultant confirming Completed Delivery.

1.1.59. Notice of Delivery means a written notice required to be issued by Supplier notifying District placing an Order of the date of anticipated delivery of the Goods covered by such Order.

1.1.60. Notice of Intent to Award means a written notice issued by or on behalf of District stating its intent to Award the Purchase Agreement to Supplier.

1.1.61. Notice to Bidders means a written notice issued by or on behalf of District inviting submission of Bids.

District-wide Procurement Purchase Agreement
Custodial Equipment and Supplies
Procurement #FE-23-04-RFB

Page 6 of 41 ends

1.1.62. Order means a written request by District to Supplier for the purchase and delivery of Goods.

1.1.63. Performance Specifications means the performance standards set forth in or attached to the Purchase Agreement applicable to Supplier’s performance under the Contract Documents.

1.1.64. Policy on Local, Small and Emerging Businesses means District’s policy on affording opportunities for local, small and emerging businesses as set forth in District’s Board Rule 7103.17, which is available on the District Website.

1.1.65. Post-Award Submittals means the collection of documents described in the Request for Bid that is required to be submitted by the successful Bidder following its receipt of the Notice of Intent to Award.

1.1.66. Pre-Bid Conference means the conference, specified in the Notice to Bidders as either mandatory or optional, held prior to the Date for Receipt of Bids for the purpose, without limitation, of introducing the Bidders generally to the scope of the purchases being proposed under the terms of the Bidding Documents.

1.1.67. Price Schedule means the list of unit prices and discounts, based upon the Bid submitted by Supplier, that are used to calculate the Purchase Price for the Goods covered by the Purchase Agreement.

1.1.68. Product Data means illustrations, standard schedules, charts, instructional brochures, diagrams and other information furnished by Supplier to illustrate a portion of the Goods.

1.1.69. Product Type means a specific type of Goods described in the Bidding Documents for purposes of bidding and purchasing.

1.1.70. Program Manager means the District Consultant primarily responsible for management, oversight and supervision of the implementation of all aspects of the Bond Program.

1.1.71. Project Safety Program means the plan, if any, prepared by or at the request of District setting forth the safety policies, procedures and forms to be followed and used by Supplier and Sub-Suppliers when they are on a Site.

1.1.72. Proprietary Information means (in lieu of any other definitions applicable to proprietary information or trade secrets that may exist or apply under Applicable Laws) technical or pricing information in the form of design details, manufacturing techniques, procedures, means and methods and other technical design and manufacturing information that: is (1) patented; or (2) is (a) only known to those persons within Supplier’s company in whom such technical information is confided; or (b) has unique or special qualities (including, without limitation, a unique or special assembly) not generally known in the industry among competing manufacturers or suppliers furnishing materials of the type to be provided under the Purchase Agreement.

1.1.73. Purchase Price means the total compensation payable to Supplier for the Goods, exclusive of Applicable Sales Taxes.

1.1.74. Receipt of Order means either: (1) the date of actual receipt of any Order by Supplier if sent by facsimile, personal delivery or electronic transfer; or (2) in the case of an Order sent by mail, the third (3rd) Working Day after the Order is deposited for mailing in regular mail.

1.1.75. Request for Extension means a formal written notice and request required to be submitted by Supplier pursuant to Paragraph 9.2.2, below, setting forth the justification and support for Supplier’s request for adjustment to a Delivery Date due to Excusable Delay.

1.1.76. Samples means physical examples that, when approved as required by the Contract Documents, illustrate the standards by which the Goods requested in an Order are to be evaluated and judged.

1.1.77. Separate Contractor means a person or entity under contract with District to perform construction of, or furnish labor, materials or equipment to a Site.

District-wide Procurement Purchase Agreement
Custodial Equipment and Supplies
Procurement #FE-23-04-RFB

Page 7 of 41 ends

1.1.78. Services means additional Services as requested in the Bidding Documents which are required beyond the cost of Goods as defined in the Bidding Documents.

1.1.79. Shop Drawings means drawings, diagrams, schedules and other data specially prepared by Supplier or a Sub-Supplier to illustrate some portion of the Goods.

1.1.80. Site means: (1) a parcel(s) of land that is (are) owned or leased by District for use by a College; and (2) all areas adjacent to such parcel(s) that may be used by Supplier or Sub-Suppliers for preparation, drop off or delivery of Goods.

1.1.81. Sub-Supplier means a person or entity that has a contract to perform some portion of the obligations of Supplier under the Contract Documents, including without limitation, suppliers, manufacturers and vendors, of any and every Tier. Sub-Supplier does not include suppliers of raw materials that are furnished to Supplier for processing or manufacture by Supplier or a Sub-Supplier.

1.1.82. Submittal means Shop Drawings, Product Data, Samples and other detailed designs, exemplars, fabrication and installation drawings, lists, graphs, owner’s instructions and similar documents required to be submitted by Supplier under the Contract Documents.

1.1.83. Substitution means an item of Goods proposed by the Bidder or Supplier in place of that specified in the Bidding Documents and Contract Documents.

1.1.84. Substitution Request Form means the form, so titled, that is part of the Bidding Documents and that the Bidders are required to use when requesting a Substitution.

1.1.85. Supplier (aka Vendor) means the person or entity under contract with District pursuant to the Purchase Agreement.

1.1.86. Supplier’s Own Expense, when used in the Contract Documents with regard to a stated circumstance, means that Supplier agrees to pay for any Loss associated with such circumstance without reimbursement by District and without extension of a Delivery Date. References to Supplier’s Own Expense in relation to a set of circumstances stated in one portion the Contract Documents shall not be interpreted as implying that such circumstances are the sole or exclusive circumstances under which Supplier is responsible to bear, at its own expense, risk or cost without compensation or reimbursement by District.

1.1.87. Tier means the contractual level of a Sub-Supplier with respect to Supplier. For example, a "firsttier" Sub-Supplier is a supplier that has a direct contract with Supplier. A supplier that has a direct contract with a firsttier Sub-Supplier is in the "second tier," and so on. Use of the phrase “of every Tier”, or similar phraseology, in the Contract Documents shall not be interpreted as implying that other provisions of the Contract Documents, where such phrases are not used, are intended to be limited application to only the first Tier or to only certain Tiers of Sub-Suppliers.

1.1.88. Unexcused Delay means any Delay that is not an Excusable Delay, including, without limitation, Delays for which Supplier is not permitted an adjustment to a Delivery Date due to Supplier’s failure to comply with the requirements of the Purchase Agreement pertaining to proper and timely notice and proof of entitlement to an extension of time for Excusable Delay.

1.1.89. Worker’s Compensation Certificate means the statement, completed by Bidder in the form specified in the Instruction to Bidders, evidencing the Bidder’s compliance with the worker’s compensation insurance requirements of the Bidding Documents and Applicable Laws.

1.1.90. Working Day means any Day other than Saturdays, Sundays and Holidays.

1.2. PARTIES

1.2.1. District and Supplier. The parties to the Purchase Agreement are Supplier and District.

District-wide Procurement Purchase Agreement
Custodial Equipment and Supplies
Procurement #FE-23-04-RFB

Page 8 of 41 ends

1.2.2. No Third Party Contracts. The Contract Documents shall not be construed to create a contractual relationship, of any kind, between: (1) a Design Consultant or District Consultant, on the one hand, and Supplier or a Sub-Supplier of any Tier, on the other hand; (2) the College Project Director and Supplier or a Sub-Supplier of any Tier; (3) the Program Manager and Supplier or a Sub-Supplier of any Tier; (4) a Design Consultant and the College Project Director; (5) a Design Consultant and the Program Manager; (6) District and a Sub-Supplier of any Tier; or (7) the College Project Director and the Program Manager. The enumeration of parties set forth in this Paragraph 1.2.2 shall not be interpreted as implying the existence of any direct or indirect contractual relationship between District and any other third party not mentioned.

1.3. CORRELATION, INTERPRETATION AND INTENT OF CONTRACT DOCUMENTS

1.3.1. Intent. Unless specifically indicated in the Contract Documents to the contrary, the intent of the Contract Documents is for Supplier to provide all items necessary to furnish the Goods, complete in all of parts, suitable for use for their intended purpose.

1.3.2. Complementary. Contract Documents are complementary, and what is called for by one shall be as binding as if called for by all. All the obligations of Supplier mentioned or indicated in the Contract Documents shall be performed by Supplier unless specifically indicated in the Contract Documents to be done by others.

1.3.3. Technical Words. Unless otherwise stated in the Contract Documents, technical words and abbreviations contained in the Contract Documents are used in accordance with commonly understood industry meanings and non-technical words and abbreviations are used in accordance with their commonly understood meanings.

1.3.4. Trade Names. It is not the intention of the Contract Documents to go into detailed descriptions of any materials and/or methods commonly known to the trade under a "trade name" or "trade term." The mere mention or notation of such "trade name" or "trade term" shall be considered a sufficient notice to Supplier that it will be required to provide the Goods so named with all its appurtenances and incidentals included.

1.3.5. Dimensions. Figured, derived or numerical dimensions on shall govern over designs without such dimensions.

1.3.6. Applicable Laws. Compliance with Applicable Laws shall be considered as a part of Supplier’s obligations under the Contract Documents.

1.3.7. Modifiers. The Contract Documents may omit modifying words such as "all" and "any," and articles such as "the" and "an." If a modifier or an article is not included in one statement and appears in another it is not intended to affect the interpretation of either statement. The use of the word "including," when following any general statement, shall not be construed to limit such statement to specific items or matters set forth immediately following such word or to similar items or matters whether or not non-limiting language (such as "without limitation," "but not limited to," or words of similar import) is used with reference thereto, but rather shall be deemed to refer to all other items or matters that could reasonably fall within the broadest possible scope of such general statement.

1.3.8. Singular, Gender, Captions. When appropriate to the context, the use of the singular number shall be deemed to include the plural and vice versa. Each gender shall be deemed to include any other gender, and each shall include corporation, partnership, trust or other legal entity whenever the context so requires. The captions and headings of the various subdivisions of the Contract Documents are intended only as a matter of reference and convenience and in no way define, limit, or prescribe the scope or intent of the Contract Documents or any subdivision thereof.

1.3.9. Cross-References. Any cross-references indicated between various paragraphs or other portions of the Contract Documents are provided for the convenience of Supplier and shall not be deemed to be all-inclusive.

1.3.10. Omissions. Items missing from the Contract Documents shall nevertheless be provided by Supplier, without additional compensation or extension to a Delivery Date, to the extent reasonably inferable from the Contract Documents as being necessary to complete performance of Supplier’s obligations under the Contract District-wide Procurement Purchase Agreement
Custodial Equipment and Supplies
Procurement #FE-23-04-RFB

Page 9 of 41 ends

Documents. Any obligations performed by Supplier under circumstances in which Supplier was obligated, but failed, to timely seek such clarification shall be at Supplier’s own risk.

1.3.11. Conflicts. All conflicts in the Contract Documents shall be reported to District, in writing before proceeding with the preparation or performance affected thereby. Notwithstanding the order of precedence provisions set forth in this Paragraph 1.3.11, in the event of conflict between any provision of the Contract Documents, the provision placing a more stringent requirement or greater burden on Supplier or requiring the greater quantity or higher quality shall prevail, unless otherwise directed by District in writing. Conflicts that cannot be so resolved shall be interpreted in accordance with the following order of precedence (the first being the highest order of precedence):
.1 Applicable Laws (provided, however, that where the Contract Documents require standards higher than those of Applicable Laws, the Contract Documents shall control). .2 Orders.
.3 Addenda.
.4 Purchase Agreement and Exhibits.

1.4. OWNERSHIP AND USE OF DESIGN DOCUMENTS

1.4.1. Rights of District. With the exception of Proprietary Information, all Design Documents, Contract Documents and Submittals (including, without limitation, all electronic versions and paper copies thereof), including, without limitation, all designs and building designs depicted therein, are and shall remain the sole and exclusive property of District on whose behalf they were prepared. With respect to Proprietary Information, Supplier hereby grants to District an irrevocable, non-exclusive license to use and reproduce such Proprietary Information for the purposes solely related to the use, maintenance or replacement of the Goods covered by such Order.

1.4.2. Supplier License. Without derogation of District’s rights under this Paragraph 1.4, Supplier and the Sub-Suppliers are granted a limited, non-exclusive license, revocable at will of District, to use and reproduce applicable portions of the Contract Documents and Submittals owned by it as appropriate to and for use in the performance of Supplier’s obligations under the Contract Documents and for no other purpose.

1.4.3. Document Availability. Supplier shall at all times during performance of its obligations under the Contract Documents keep and make available at a location in the County of Los Angeles, for inspection by District and such others as requested by District, a complete set of the Design Documents, Contract Documents and Submittals.

1.4.4. Delivery to District. All Design Documents, Contract Documents and Submittals (including electronic versions and paper copies) in the possession of Supplier or the Sub-Suppliers pertaining to Goods covered by an Order shall be returned to District upon the earlier of Completed Delivery of the Goods covered by the Order or termination of the Purchase Agreement; provided, however, that Supplier and the Sub-Suppliers shall have the right to retain one (1) copy of the Contract Documents and Submittals as a permanent record.

1.4.5. Reproduction. Supplier shall, at Supplier’s Own Expense, from reproducible prints provided by District, provide all reproduction and distribution of copies of Design Documents, Contract Documents and Submittals as necessary for the complete performance by Supplier.

1.4.6. Sub-Suppliers. Supplier shall take all necessary steps to ensure that a provision is included in all contracts with the first-Tier Sub-Suppliers, establishing, protecting and preserving District’s rights as set forth in this Paragraph 1.4.

ARTICLE 2
TERM
The term of the Agreement is three (3) base years and two (2) one-year options at the sole discretion of the District. The base year term begins to run from the date of approval of this Purchase Agreement by the Board of Trustees of the Los Angeles Community College District or until the earlier of either of the following occurrences: (1) purchases are made District-wide Procurement Purchase Agreement
Custodial Equipment and Supplies
Procurement #FE-23-04-RFB

Page 10 of 41 ends

under this Purchase Agreement equal to the Maximum Authority set forth in Paragraph 4.2, below; or (2) or termination of this Purchase Agreement by District in accordance with the provisions of Article 14, below.

Vendor does hereby agree that Orders may be issued by the District under this Agreement for a term of no less than three (3) years from the date of execution of this Agreement, after that period, no additional Orders may be issued by the District. However, this Agreement and any incomplete Order will remain in effect until all Order(s) are completed.

The DISTRICT, at its option, may extend the Agreement for up to two (2) years beyond the initial three (3) year term in which case additional Orders can be authorized during the period of any such extension. The first optional additional year (4th year) shall be considered effective at the end of the three (3) year term unless you receive notice from the DISTRICT that it is exercising its sole right not extend the current term. The second optional additional year (5th year) shall be considered effective at the end of the four (4) year term unless you receive notice from the DISTRICT that it is exercising its sole right not extend the current term. None of the foregoing impacts the DISTRICT’s rights to Terminate for Cause or Terminate for Convenience this Contract as defined throughout this Contract.

ARTICLE 3

DISTRICT

3.1. COMMUNICATIONS
District shall forward to supplier all communications that it receives addressed to supplier and pertaining to an order.

3.2. DISTRICT’S RIGHT TO STOP PERFORMANCE
With respect to Goods covered by an Order, if Supplier fails to correct Defective Goods or fails to perform in accordance with the Contract Documents or violates any Applicable Law, District may, without limitation to District’s other rights under Article 14, below, or elsewhere in the Contract Documents immediately direct Supplier to stop performance thereof, or any portion thereof, until the cause for such order has been eliminated by Supplier. Supplier shall immediately comply with such notice and not be entitled to any adjustment of the Delivery Date or additional compensation as a result of any such direction. District shall have no duty or responsibility to Supplier or any other party to exercise the right to stop the performance.

3.3. DISTRICT’S RIGHT TO CARRY OUT PERFORMANCE
If Supplier defaults or neglects to perform in accordance with the Contract Documents and fails after receipt of written notice from District as provided for under Article 14, below, to commence and continue correction of such default or neglect with diligence and promptness, District may after expiration of the period of time provided for in Article 14, below, for curing of such default by Supplier, without prejudice to other remedies District may have, correct such deficiencies.

In such case an appropriate deduction shall be made from payments then or thereafter due Supplier for the cost of correcting such deficiencies, including compensation for the additional services and expenses of the District Consultants, Separate Contractors or others to whom District may be liable, made necessary by such default, neglect or failure.

3.4. DISTRICT’S AUDIT RIGHTS

3.4.1. Maintenance of Records. Supplier shall, using accounting and control systems that comply with Applicable Laws and prevailing custom and practice, provide for the financial management of its performance under the Contract Documents. As part of the foregoing obligation, Supplier shall keep, and shall require its Sub-Suppliers to keep, full and detailed books, records, information, materials and data, of every kind and character, as such are created in the normal course of business, and in the form or format created or used in the normal course of business, that pertain to any matters, rights, duties or obligations directly relating to the furnishing of the Goods or the performance of the Purchase Agreement, including, without limitation, agreements, bills of lading, shipping sheets, inventories, purchase orders, leases, contracts, commitments, arrangements, notes, estimates, schedules, diaries, logs, reports, shop drawings, samples, exemplars, drawings, specifications, invoices, delivery tickets, receipts, vouchers, cancelled checks, memoranda; accounting records; cost reports (including complete documentation covering negotiated settlements); back charges; general ledgers; documentation of cash and trade discounts earned; insurance rebates and dividends, and other documents relating in any way to Claims or other charges or time extensions asserted by Supplier or any of the Sub-Suppliers. Supplier shall preserve such records for a period of no less than four (4) years after expiration of the Term of the Purchase Agreement.

District-wide Procurement Purchase Agreement
Custodial Equipment and Supplies
Procurement #FE-23-04-RFB

Page 11 of 41 ends

3.4.2. Access, Inspection, Copying. Supplier shall allow, and shall be responsible for requiring its first-Tier Sub-Suppliers to allow, District, and its authorized representative(s), auditors, attorneys and accountants, upon two (2) Working Days’ notice, full access to inspect and copy all books and records that Supplier is required to maintain pursuant to Paragraph 3.4.1, above, at a location within the State of California.

3.4.3. Confidentiality. It is understood that any such books and records that contain Proprietary Information and that are marked by Supplier or its Sub-Supplier as follows: “CAUTION: This Document Contains Proprietary Information Subject to Disclosure Conditions Contained in Paragraph 3.4 of the Purchase Agreement to the Purchase Agreement dated _______, 20__ [date of Purchase Agreement must be inserted] executed by _____________ [Name of Supplier must be inserted]”, shall be treated as confidential. District assumes no obligation of confidentiality with respect to any Proprietary Information that is not so marked. Disclosure of such marked, Proprietary Information shall not be made to any employee or representative of District or their auditors, attorneys and accountants without a need to know for purposes of exercising or fulfilling District’s rights and obligations under the Contract Documents or Applicable Laws, nor shall Proprietary Information be disclosed to any third party except as required by Applicable Laws. In the event that such marked, Proprietary Information is required to be disclosed pursuant to any Applicable Law or pursuant to any order of any court of competent jurisdiction, District will: (1) immediately notify Supplier of such request or demand; and (2) as soon as possible, but at least ten (10) Days prior to making any such disclosure of such Proprietary Information, provide Supplier with a written, detailed description of the matter pertaining to the demand for disclosure, thereby allowing the opportunity to defend against such disclosure. The confidentiality of Proprietary Information that is received and marked as provided herein must be preserved as provided in this Paragraph until such time as such Proprietary Information is returned or destroyed in accordance with this Paragraph or if not returned or destroyed such confidentiality shall be preserved in perpetuity for so long as such Proprietary Information exists in the possession and control of District.

3.4.4. Return and Destruction. District assumes no obligation with respect to preservation, return or destruction of books and records provided to it by Supplier other than those books and records that constitute Proprietary Information that has been marked in the manner provided for in Paragraph 3.4.3, above. Supplier shall have the right at any time within one (1) year after expiration of the Term of the Purchase Agreement to request that originals and all copies such marked, Proprietary Information be returned to Supplier. Provided that District, in the exercise of its sole and absolute discretion, determines that it no longer has a need for such Proprietary Information, it shall be returned to Supplier. Otherwise, District shall return it to Supplier within a reasonable time after District determines, in its sole and absolute discretion that such need no longer exists. If return of such Proprietary Information is not so requested by Supplier within one (1) year after the expiration of the Term of the Purchase Agreement, it may be destroyed by District.

3.4.5. Pricing Data. Except and unless ordered to do so by a court or arbitrator for good cause and as part of a pending legal or arbitration proceeding, under no circumstances shall Supplier or its Sub-Suppliers be required or obligated to disclose the pricing, costing, or other financial information regarding raw materials or off-the-shelf components.

3.4.6. Specific Enforcement by District. Supplier agrees that the obligation of Supplier and of the SubSuppliers to provide access to its books and records as required by this Paragraph 3.4 shall be specifically enforceable, by issuance of a preliminary and/or permanent mandatory injunction by a court of competent jurisdiction based on affidavits submitted to such court and without the necessity of oral testimony, to compel Supplier to permit access, inspection, audit and/or reproduction of such books and records.

ARTICLE 4

COMPENSATION

4.1. PURCHASE PRICE

4.1.1. Purchase Price Amount. Supplier’s compensation for performance in accordance with the Contract Documents is the Purchase Price, which is comprised of the unit price for the Goods as set forth in the Supplier’s Bid on the Bid Form for Discount Off-List Price attached hereto as Exhibit “C”, plus Applicable Sales Taxes shown as a separate line item on quotes and invoices.

4.1.2. All-Inclusive Price. Without limitation to the foregoing, the Purchase Price for the Goods delivered by UPS Ground includes compensation for all costs of shipment, delivery and set-up of the Goods to the Destination at the District-wide Procurement Purchase Agreement
Custodial Equipment and Supplies
Procurement #FE-23-04-RFB

Page 12 of 41 ends

college specified on the Order, and as such are deemed free of any “destination in” charges to District, and all similar charges (including, without limitation, charges for delivery, shipping, drayage, express, storage, parcel post, packing, cartage, insurance, license fees, permits, and bonds).The costs of shipment, delivery and set-up of the Goods delivered by LTL carrier and expedited delivery will be prepaid by the Supplier and added as a separate line item on invoices.

4.1.3. Exclusive Compensation. The Purchase Price constitutes the Supplier’s sole, exclusive and full compensation, excluding sales taxes, for the performance by Supplier of its obligations under the Contract Documents and is deemed to cover all Losses to the Supplier arising out of or related to the performance of such obligations, the acts of the elements or any unforeseen difficulties or obstructions upon the Supplier’s performance, all risks (including, without limitation, cost and market price escalation, from any cause whatsoever) connected with the manufacture, shipment, delivery and storage of the Goods and any and all expenses incurred due to Delay.

4.1.4. Applicable Sales Taxes. Applicable Sales Taxes shall be computed on the basis of the sales tax percentage imposed by Applicable Laws on the sale of Goods multiplied times the unit price in Exhibit “C” attached hereto. Unless otherwise required by Applicable Laws, Applicable Sales Taxes as a part of the Purchase Price for Goods covered by an Order shall be computed as of the date of Receipt of Order applicable to such Order and shown as a separate line item on quotes and invoices.

4.2. MINIMUM CONTRACT VALUE
Save and except as otherwise provided in Article 14, District guarantees to Supplier that during the Term of this Purchase Agreement, the District will purchase Goods under this Purchase Agreement in the Guaranteed Minimum Contract Value of five hundred dollars ($500.00).

District’s guarantee as set forth in this Section 4.2 does not constitute a representation, guarantee or promise that Goods will be purchased under this Purchase Agreement that exceed the Guaranteed Minimum Contract Value. Goods purchased, even if they are later returned or rejected, that constitute Defective Goods shall be included in the calculation of the Purchase Prices of Goods purchased for purposes of determining whether the District’s obligation set forth in this Section 4.2 has been met.

4.3. MAXIMUM CONTRACT AUTHORITY
District shall not purchase nor be entitled to purchase from Supplier, and Supplier shall not provide or be required to sell, Goods in quantities that exceed the Maximum Contract Value of two million dollars ($2,000,000.00).

Supplier is obligated to furnish for the purchase price, if, as and when order(s) is/are placed by District in accordance with this Purchase Agreement, Goods from each bid classification in quantities up to but not exceeding the maximum authority stated in the Bid Documents. Except as otherwise provided in Paragraph 4.2, above, District makes no promise or representation that it will purchase Goods in any particular quantity under this Purchase Agreement, including, without limitation, quantities approximating or equaling the Maximum Authority set forth in the Bid Documents. Goods purchased that are later returned or rejected or that constitute defective work shall be included in the calculation of the dollar value of Goods purchased for purposes of determining whether the Maximum Authority has been reached.

4.4. ORDERING AND CANCELLATION

4.4.1. Content of Order. Supplier’s obligations with respect to Goods covered by an Order shall commence upon Receipt of an Order setting forth the following: (1) a reference to this Purchase Agreement; (2) a description of the Goods ordered; (3) a statement of the quantity of the Goods ordered; (3) the Delivery Date; (4) the name and address of the District placing the Order; and (5) the Destination.

4.4.2. Order Authorizations. The District’s Chief Facilities Executive, or a Purchasing Agent, authorized by the Chief Facilities Executive in writing (collectively “Purchasing Agent”), is the sole person or entity authorized on behalf of the District to issue Orders for purchases of Goods under this Purchase Agreement. The Purchasing Agent’s authority is limited to issuing Orders for purchases of Goods, including, without limitation, issuing Supplementary Ordering Instructions and such other authority as is expressly conferred upon the Purchasing Agent under the terms of the Contract Documents. All other rights and obligations of the District relating to purchases of Goods, including, without District-wide Procurement Purchase Agreement
Custodial Equipment and Supplies
Procurement #FE-23-04-RFB

Page 13 of 41 ends

limitation, payment of compensation to Supplier and ordering of Changes to Work, are rights and obligations that are to be exercised or performed by the District only and not by the Purchasing Agent. Orders for Goods under the Purchase Agreement shall only be permitted if made, and shall not be honored by Supplier unless requested, pursuant to an Order issued by the Purchasing Agent to the Supplier. Purchases by the District or Designated Districts and Agencies of Goods under this Purchase Agreement by any other means is prohibited.

4.4.3. Separate Destinations. A separate Order shall be issued for each Lot of Goods ordered by District for delivery to a different Destination.

4.4.4. Supplier Proposals. With respect to any Order placed by District, the District will not be bound by any provisions contained in any of Supplier’s proposals, purchase orders, acknowledgements, counter-offers, invoices, acceptances or other documents prepared by Supplier (whether or not attached, referenced or incorporated in the terms of the Order) that contain terms or conditions that in any way differ from or are an addition to the terms and conditions of the Order and this Purchase Agreement and District’s failure to object to such different or additional provisions will not be deemed an acceptance of such different or additional terms and conditions nor a waiver of the terms and conditions set forth in the Order and this Purchase Agreement.

4.4.5. Cancellation without Charge. The District shall have the right to cancel an Order, without incurring any responsibility or liability to Supplier, in the following circumstances: (1) District shall have the right to cancel any Order, or portion of an Order, of Goods, at no cost to the District and without any charge or cancellation fee of any kind, provided that the District gives written notice to the Supplier of such cancellation within one (1) Working Day of Receipt of Order by the Supplier; and (2) District shall have the right, at no cost to the District and without any charge or cancellation fee of any kind, in the event of a termination of an Order due to Supplier default pursuant to Article 14 of the Purchase Agreement, to cancel the Order directly affected by such default as well as any other outstanding Order that involves the purchase of Goods that, because of their relationship to the Goods covered by the terminated Order, are rendered substantially less useful or valuable to the District as a result of the such termination.

4.5. OTHER DESIGNATED DISTRICTS AND AGENCIES
ACCEPT 4.5 ☒ REJECT 4.5☐
If Supplier or Vendor agrees, Districts or Agencies that qualify under Public Contract Code Section 20652 for purchases of Goods under this Purchase Agreement (Designated Districts and Agencies”), shall have the same rights as the Los Angeles Community College District to request performance of Work during the Term of this Purchase Agreement, without the necessity of further competitive bidding or other competition; provided, however, that any such requests must be made through the Purchasing Agent, who is the sole person or entity authorized to issue Orders under the terms of this Purchase Agreement. The Vendor agrees to perform the Work and Changes to the Work as ordered and requested by the Designated Districts and Agencies on and under the same terms and conditions as are available to District under the Contract Documents; provided however, that: (1) each such Order and request shall be deemed financially separate; (2) the Designated District or Agency making such Order or request shall be solely and separately responsible to Supplier for its financial and other commitments under the Contract Documents; and (3) no fiduciary responsibility, contractual obligation nor performance liability shall exist between the District and any of the Designated Districts or Agencies or between or among any of the Designated Districts and Agencies. Orders by Designated Districts and Agencies shall be complied with by the Supplier in accordance with the Supplier’s obligations under this Purchase Agreement and the other Contract Documents. In addition, Supplier agrees to comply with such other customary contracting requirements of any Designated Districts and Agencies (including, without limitation, execution of any affidavits, certifications, bond requirements or other required documentation) that are consistent with the contracting rules, regulations or practices adopted and approved by the governing board or council for such Designated District or Agency.

4.6. TRADE IN PROGRAMS
Pursuant to Education Code Section 81454 the governing board of any community college district may dispose of personal property belonging to the District for the purpose of replacement by providing in the notice calling for bids for furnishing new materials, articles, or supplies that each bidder shall agree in his bid to purchase the property being replaced and to remove it from the school grounds and shall state in his bid the amount which he will deduct from the District-wide Procurement Purchase Agreement
Custodial Equipment and Supplies
Procurement #FE-23-04-RFB

Page 14 of 41 ends

price bid for furnishing new materials, articles, or supplies as the purchase price for the personal property being purchased from the District.

4.6.1. Discounts. Although discounts offered for trade-in will not be considered in the Award of the Purchase Agreement, District shall be entitled to receive trade-in discounts from the Purchase Price that are then offered by supplier. In the event that more than one discount is offered, District will be entitled to the most favorable discount offered.

4.6.2. Offer. Provided the Supplier offers a trade-in program the Supplier, at the time of the Bid, shall include the trade-in program details available to the District. The District may, at its discretion, choose to exercise the trade-in option offered by the Supplier.

ARTICLE 5

SUPPLIER

5.1. SUPPLIER STATUS

5.1.1. Duty. With respect to any Order placed by District, Supplier shall apply its best and highest skill and attention to performing its obligations under the Contract Documents in an expeditious and economical manner, consistent with the best interests of District.

5.1.2. Independent Contractor. Supplier is, and shall at all times be deemed to be, an independent contractor and is wholly responsible for the manner in which it performs the obligations required of it by the terms of the Contract Documents. Supplier wholly and without reservation assumes the responsibility for the acts of its agents and employees in the performance of the Purchase Agreement and all Orders. Supplier, its agents and employees, shall not be entitled to any rights or privileges of District’s employees and nothing contained in the Contract Documents and no course of conduct shall be construed as creating the relationship of employer and employee, or principal and agent, between District and any agent or employee of Supplier or any of the Sub-Suppliers.

5.1.3. Licenses. Supplier shall maintain, and shall require all Sub-Suppliers, of any Tier, who furnish Goods or any portion thereof to maintain, such licenses, if any, as may be required by Applicable Laws for the duration of time that Supplier is performing under the Contract Documents, including the period of any warranty provided covering all or any portion of the Goods.

5.1.4. Responsibility for Sub-Suppliers. The failure on the part of any Sub-Supplier, of any Tier, to perform any duty, responsibility or obligation, contractual or otherwise, to Supplier or to any other Sub-Supplier, of any Tier, shall under no circumstances be construed as relieving or excusing Supplier from its responsibility and liability for the full performance of all of the obligations assumed by Supplier under the Contract Documents. References in the Contract Documents to obligations assumed by “first-Tier Sub-Suppliers” shall not be interpreted as an express or implied limitation upon the provisions of this Paragraph 5.1.4.

5.1.5. Responsibility Not Relieved by Approvals. Supplier shall not be relieved of its obligations to perform in accordance with the Contract Documents either by the activities or duties of District, Design Consultants, the College Project Directors, Program Manager, District Consultants or Separate Contractors so long as such activities are not negligent, illegal, or willful misconduct, or by tests, inspections or approvals required or performed by persons other than Supplier.

5.2. REVIEW OF DOCUMENTS AND SITE

5.2.1. Review of Bidding Documents. Supplier acknowledges and agrees that its submission of its Bid and execution of the Purchase Agreement constitutes a representation that it has had the opportunity, prior to submitting its Bid, to thoroughly and carefully review and compare the Bidding Documents to its satisfaction. Based upon such careful review, Supplier agrees that it shall not be entitled to, and hereby conclusively waives, any right to additional compensation or extension to any Delivery Date due to additional or unforeseen Losses or Delays relating to information in Bidding Documents constituting errors, omissions, conflicts, ambiguities, lack of coordination or noncompliance with Applicable Laws, if prior to submission of its Bid such information was either: (1) discovered by Supplier or any SubSupplier and Supplier failed to seek clarification prior to submitting its Bid; or (2) reasonably discoverable by Supplier or District-wide Procurement Purchase Agreement
Custodial Equipment and Supplies
Procurement #FE-23-04-RFB

Page 15 of 41 ends

any Sub-Supplier in the exercise of care and diligence in the capacity as an experienced supplier, dealer, supplier, manufacturer or distributor of the types of products, materials, goods to be provided by Supplier under the Contract Documents. Without limitation to any other provisions of the Contract Documents, Supplier shall take steps to ensure that the provisions of this Paragraph 5.2.1 are incorporated into in all contracts entered into by Supplier with its first-Tier Sub-Suppliers.

5.2.2. Review of Contract Documents. Upon receiving an Order, Supplier is responsible to promptly, thoroughly and carefully review and compare the Contract Documents (including, without limitation, the Order) to its satisfaction. Based upon such careful review, Supplier agrees that it shall not be entitled to, and hereby conclusively waives, any right to additional compensation or extension to any Delivery Date due to additional or unforeseen Losses or Delays relating to information therein constituting errors, omissions, conflicts, ambiguities, lack of coordination or noncompliance with Applicable Laws, if Supplier fails to seek clarification thereof in its Acknowledgment of Shipping Date and if such information was either: (1) discovered by Supplier or any Sub-Supplier in the course of such review; or (2) reasonably discoverable by Supplier or any Sub-Supplier in the exercise of care and diligence in the capacity as an experienced supplier, dealer, supplier, manufacturer or distributor of the types of products, materials, goods to be provided by Supplier under the Contract Documents. Failure by Supplier to send its Acknowledgement of Shipping Date within ten (10) Days after Receipt of Order shall be conclusively deemed to be a representation by Supplier that no such clarification is required and shall constitute a waiver of Supplier’s right to additional compensation or extension of the Delivery Date. Without limitation to any other provisions of the Contract Documents, Supplier shall take steps to ensure that the provisions of this Paragraph 5.2.2 are incorporated into in all contracts entered into by Supplier with its first-Tier Sub-Suppliers.

5.2.3. Review of Conditions at Site. Supplier shall be deemed charged with knowledge of all facts, circumstances and other information that was available or provided to Bidders at any Pre-Bid Conference (whether optional or mandatory). Supplier shall, upon receipt of an Order, visit and inspect the Site and Existing Improvements where the Goods are to be delivered in order to fully acquaint itself with the conditions affecting access to the Site and delivery of the Goods, including, without limitation, the following: (1) the stage of completion and condition of the Existing Improvements and other construction at the Site where the Goods covered by the Order will be delivered; (2) the availability of facilities for access, delivery, transportation and staging at such Site; and (3) any other physical and environmental restrictions affecting Supplier’s furnishing of the Goods at such Site. Supplier shall correlate its observations with the requirements of the Contract Documents and promptly report any discrepancies to District.

5.3. PACKING, SHIPPING, TRANSPORTATION

5.3.1. Transportation. Unless otherwise stated in the Contract Documents, all shipments, deliveries and setup of the Goods to or at the Destination specified in the Order are deemed free of any “destination in” charges to District, and all such charges (including, without limitation, charges for delivery, shipping, drayage, express, storage, parcel post, packing, cartage, insurance, license fees, permits, and bonds) are included in the Purchase Price.

5.3.2. Acknowledgement of Shipping Date. No earlier than five (5) Days after Supplier’s receipt of an Order, Supplier shall provide to District an Acknowledgement of Shipping Date. The Supplier shall contact the District representative to coordinate the desired delivery date and then shall deliver the Goods according to confirmed delivery date.

5.4. DELIVERY, INSTALLATION, ACCEPTANCE, REJECTION AND RETURN

5.4.1. Costs. Unless otherwise expressly provided for in the Contract Documents, Supplier shall provide and pay for labor, materials, tools, equipment, machinery and transportation necessary for proper preparation and performance.

5.4.2. Notice of Delivery. Supplier shall provide written Notice of Delivery to District not fewer than seven (7) Days prior to actual delivery, as to the time for delivery of Goods at the Site. District shall have the right, at no additional charge to District, to specify or change the Destination drop off point within a Site at any time.

5.4.3. Delivery. Supplier shall deliver Goods to the location on the Site identified in the Order or as otherwise directed in accordance with Paragraph 5.4.2, above. Supplier is obligated, at no additional charge to District, to make District-wide Procurement Purchase Agreement
Custodial Equipment and Supplies
Procurement #FE-23-04-RFB

Page 16 of 41 ends

deliveries on any Working Day between the hours of 8 am to 3 pm. Deliveries shall not be made on Saturday, Sundays or Holidays without prior written approval by District. Supplier shall consult with District to identify in advance of each delivery a route to be used for delivery. District shall have the right to require that Supplier comply with its requirements for restriction of deliveries to specified locations or only within defined time frames. Goods shall be furnished in ample quantities and at such times as required by the Order, unless otherwise directed in writing by District. If Supplier delivers in excess of the quantities required by the Contract Documents, District shall not be required to accept or make any payment for the excess quantities and assumes no obligation to notify Supplier thereof or to protect, preserve or return any portion of such excess quantities to Supplier.

5.4.4. Title. Without limitation to District’s right to reject Goods as provided for elsewhere in the Contract Documents, title to the Goods, risk of loss and attendant risk and liability for their protection and safety, shall remain with Supplier until the earlier of payment by District or acceptance of the Goods in accordance with Paragraph 5.4.9, below; provided, however, that District shall assume no risk or loss with respect to, and shall have no obligation to accept any Goods that do not conform to the Contract Documents, that are delivered prior to or after the Delivery Date, or that are in excess of quantities required by the Contract Documents. No portions of the Goods shall be accepted or purchased subject to any chattel mortgage or under a conditional sale or other agreement by which an interest therein or in any part thereof is retained by a seller or supplier. Supplier warrants good title to all portions of the Goods and agrees to deliver the Goods to District free from any claims, liens, or charges. Supplier further agrees that neither it nor any person, firm, or corporation furnishing any of the Goods shall have any right of lien upon the Site, or any Existing Improvement or appurtenance thereon.

5.4.5. Preliminary Inspection. District shall have the right, exercised in its sole discretion, to conduct a preliminary inspection of the Goods upon delivery for the purpose of confirming delivery and quantities delivered. Such preliminary inspections shall not constitute acceptance of, taking charge over or a waiver of right to reject the Goods, or any portion thereof.

5.4.6. Quality Assurance. Supplier and its Sub-Suppliers will: (1) provide and maintain a quality assurance system covering all Goods to be provided by Supplier under the Purchase Agreement and will tender only those items of Goods that have been inspected by Supplier and found to conform to the Contract Documents; (2) keep records evidencing these inspections and make these records available to District upon request by any of them; and (3) permit District upon request by either of them to review procedures, practices, processes and related documents.

5.4.7. Conduct of Personnel. District shall have the right to require that Supplier: (1) at all times maintain good discipline and order among its employees and the Sub-Suppliers at the Site; and (2) remove from a Site any person in the employ of Supplier or any of the Sub-Suppliers whom District may deem, in their separate and sole discretion, incompetent, unfit, intemperate, troublesome or otherwise undesirable and not again employ such person on any except with written approval of District. District shall provide to Supplier a notice in writing of its decision to bar any employee of Supplier or a Sub-Supplier from a Site, including the reason therefor.

5.4.8. Inspection for Completed Delivery. Supplier shall notify District in writing when it considers that it has achieved Completed Delivery of a Lot of Goods designated in an Order. District shall conduct an inspection of the Goods, including, without limitation, a review of any documents that Supplier is obligated to furnish as a condition of Completed Delivery under the Contract Documents.

5.4.9. Notice of Completed Delivery. Following Completed Delivery of a Lot of Goods described in an Order, District will issue a Notice of Completed Delivery to Supplier. Such Notice of Completed Delivery shall be issued within a reasonable time, not fewer than seven (7) Days after inspection of the Goods by District or by such others as requested by District. Such Notice of Completed Delivery shall be considered acceptance of the Goods by District. No other acts or course of conduct on the part of District, College Project Director, District Consultants, Separate Contractors or others acting on behalf of District shall be considered acceptance of the Goods, or any portion thereof. If it is determined after the inspection of the Goods that Supplier has not achieved Completed Delivery of any portion of the Goods, then District shall issue to Supplier within a reasonable period of time a written statement of the reasons for the rejection.

Notwithstanding any payment by District, no portion of the Goods shall be considered as accepted unless and until the Notice of Completed Delivery is issued in the manner provided for in this Paragraph 5.4.9.

District-wide Procurement Purchase Agreement
Custodial Equipment and Supplies
Procurement #FE-23-04-RFB

Page 17 of 41 ends

5.4.10. Acceptance. Acceptance of the Goods (including issuance of Notice of Completed Delivery) shall not (1) waive any rights District may have under the Contract Documents or Applicable Laws with respect to any failure of the Goods to conform to the requirements of the Contract Documents; (2) be considered as a waiver by District of any right to recover for any Loss caused, in whole or in part, on account of Defective Goods, whether or not such Defective Goods was known or suspected prior to District’s acceptance of or payment for the Goods; and (3) District shall have the right, but not the obligation, to revoke any acceptance of the Goods, or any portion thereof, based on its determination that the Goods, or any portion thereof, do not comply with the Contract Documents.

5.4.11. Right to Cure. Supplier’s right to cure a breach of the Contract Documents due to performance of Goods that does not conform to the Contract Documents shall be limited to its rights to cure set forth in Article 14, below.

5.4.12. No Limitation of Rights. The rights and remedies of District set forth in this Paragraph 5.4 are in addition to, and not a limitation on, District’s other rights and remedies under Applicable Laws.

5.4.13. Coordination. Supplier shall cooperate in scheduling the delivery of the Goods to avoid conflict, delay in or interference with the work of Separate Contractors or the construction or operations of District's own forces.

5.5. SUPPLIER'S WARRANTY

5.5.1. General Warranty. Supplier shall, and hereby does, warrant and guarantee, with respect to the Goods and each portion thereof, that: (1) the Goods are new; (2) the Goods shall be free of liens, claims and security interests of third parties; (3) the Goods shall be free of defects and deficiencies in workmanship and/or materials under conditions of normal use and care for a period of not less than one (1) year following Completed Delivery and such longer period(s) of time as may be provided for in the Contract Documents, including, without limitation, the extended warranty provisions of the Bid and Contract Documents; (4) the Goods conform with the requirements of the Contract Documents and Applicable Laws; (5) the Goods are suitable and fit for their intended use; and (6) the Goods shall not be altered or misbranded within the meaning of any Applicable Laws. If required by District, Supplier shall furnish satisfactory evidence as to the kind and quality of Goods and their compliance with the requirements of this warranty. Neither the foregoing warranty nor any other warranty or guarantee contained elsewhere in the Contract Documents shall be interpreted as covering negligent installation or placement of the Goods by District or its Separate Contractors, alterations to the Goods made by District or its Separate Contractors, or misuse or abuse of the Goods by District or its Separate Contractors following Completed Delivery. Any Goods found to be defective within the first ninety (90) days of service shall, at the District’s option, be returned for a full refund or exchange at no cost to the District. Goods found to be defective after the first ninety (90) days of service may be either repaired or replaced at the District’s option. The warranty must include all costs of repair, including transportation costs, during the warranty period.

5.5.2. Repair, Replacement. Without limitation upon District’s other rights or remedies under the Contract Documents or Applicable Laws, any and all Goods that are not in conformance with the foregoing general warranty or other warranties or guaranties shall be repaired or replaced, together with the replacement of any other District property or improvements (including, without limitation, products or work installed by Separate Contractors, District’s own forces or others), which may be removed, displaced or damaged by such replacement activities. Supplier shall notify District in writing upon completion of such repair or replacement. In the event of failure by Supplier to commence and pursue with diligence said repair or replacement within ten (10) Days after being notified in writing by District, District is hereby authorized to proceed, with such repair of replacement as District deems necessary and expedient.

5.5.3. No Limitation. Nothing stated in this Paragraph 5.5 shall in any way limit the guaranties or warranties on any Goods for which a guarantee or warranty is required under any other provision of the Contract Documents or on any Goods for which a manufacturer gives any guarantee or warranty on terms that afford District greater rights than that provided for in this Paragraph 5.5. Supplier acknowledges and agrees that no exclusion of or limitation to warranties or guarantees contained in any proposal, product literature or other submittal, whether or not approved by District, College Project Director, Design Consultants, District Consultant or others, shall affect the warranties or guarantees provided pursuant to this Paragraph 5.5.

5.5.4. Delivery. Unless sooner requested by District, Supplier shall furnish to District, as a condition precedent to payment, all guaranties or warranties as are required by the terms of the Contract Documents. All such guaranties and warranties shall be in writing and in such form and accompanied by such certifications and instruction materials as District-wide Procurement Purchase Agreement
Custodial Equipment and Supplies
Procurement #FE-23-04-RFB

Page 18 of 41 ends

Seal Beach City CouncilJune 22, 2026

Seal Beach City Council
June 22, 2026