District Wide Trash Pick-Up and Disposal.pdf

PDF 2 MB Posted Sep 29, 2026

Attached to: District Wide Trash Pick-Up and Disposal
Solicitation number: 06(26-27)MO
Issued by: Los Angeles County, California

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Written by GovTribe AI · Sep 30, 2026

This is a Request for Bids document issued by the Pomona Unified School District for District Wide Trash Pick-Up and Disposal services across fifty-two separate pick-up points encompassing the City of Pomona, the City of Diamond Bar, and adjacent unincorporated areas of Los Angeles County. The District seeks qualified vendors to collect and dispose of all solid waste generated by the school district, including standard trash services, organics recycling services compliant with Senate Bill 1383, and green waste and industrial services. The bid package includes detailed pricing sheets for various container sizes (ranging from 2-yard to 40-yard bins) and pickup frequencies (from one to six days per week). A mandatory Pre-Bid Conference is scheduled for Thursday, October 1, 2026, at 10:00 A.M. in the Board Room at the District Education Center; vendors must attend the entire conference or their bids will be deemed non-responsive and returned unopened. Sealed bids are due no later than 10:00 A.M. Pacific Standard Time on Monday, October 19, 2026, at the Education Center Front Desk. The contract term runs from November 19, 2026, through June 30, 2027, with renewal options for up to four additional one-year periods, not to exceed five years total, with a minimum contract term of twelve months.

Pricing must remain in effect for twelve months after award and may be extended upon mutual consent for up to four additional twelve-month periods. Annual price increases are permitted according to the Los Angeles Consumer Price Index with a maximum of 5% per contract term, subject to existing market conditions. Additionally, contractors may request rate adjustments to accommodate increases in county landfill dump fees, with adjustments calculated as a percentage of the base rate attributed to dump fees. The District reserves the right to reject any and all bids and award to the lowest responsible and responsive bidder. Contractors must be licensed in both the City of Pomona and the City of Diamond Bar; provide a Performance Bond and Payment Bond equal to 100% of the contract value; maintain General Liability Insurance of $2,000,000 per occurrence and $4,000,000 aggregate, plus Auto Liability Insurance of $2,000,000; furnish and maintain all metal bins (typically 3-yard, leak-proof containers with wheels); achieve at least 50% trash diversion; and provide biannual diversion documentation. The contractor must also maintain at least fifty percent of its service fleet using alternative fuels (LNG, CNG, or biodiesel meeting SCAQMD Rule 1193), coordinate pickup times with District Maintenance & Operations before commencing service, reduce pickup frequency during a six-week summer vacation period, and submit monthly invoices within ten days of service completion with payment due within forty-five days.

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Bid No. 06(26-27)MO 1

POMONA UNIFIED SCHOOL

DISTRICT

BID NO. 06(26-27)MO

FOR

DISTRICT WIDE TRASH PICK-UP AND DISPOSAL

Owner:

Pomona Unified School District

800 South Garey Avenue Pomona, California 91766

Bid No. 06(26-27)MO 2

TABLE OF CONTENTS

Page Number Title Sheet 1 Table of Contents 2

Requirements Project Page 4 Notice Calling for Bids 5 Instructions/Information for Contractors 7

Required Forms Contractor References and Responsibility Information 18 Non-Collusion Declaration 20 Bid Guarantee Form 21 Bid Bond 22 Contractor’s Bid Form 25 Contractor’s Certificate Regarding Workers’ Compensation 30 Acknowledgment of Bidding Practices Regarding Indemnity 31 Vendor Questionnaire 32

Conditions of the Contract Special Conditions 34 Payment Bond 46 Performance Bond 49 Agreement 53

District Information Site Locations/Number of Bins 57 District Map

Bid No. 06(26-27)MO 3

Requirements Section

Bid No. 06(26-27)MO 4

REQUEST FOR BIDS

For

Title: District Wide Trash Pickup and Disposal

Bid No. 06(26-27) MO

Submit Bids in a sealed envelope to:

POMONA UNIFIED SCHOOL DISTRICT

Education Center, Front Desk

NO LATER THAN 10:00 A.M. Local Standard Time (PST) Monday, October 19, Mark Bids: District Wide Trash Pickup and Disposal

Bid No. 06(26-27)MO

Bid Opening:

Date: Monday, October 19, 2026

Time: 10:00 A.M. (PST)

Bid No. 06(26-27)MO 5

NOTICE TO CONTRACTORS CALLING FOR BIDS

NOTICE IS HEREBY GIVEN that the Pomona Unified School District of Los Angeles County, California, acting by and through its Governing Board, hereinafter referred to as “District,” is seeking sealed bids in response to District Wide Trash Pickup and Disposal - Bid No. 06(26-27)MO.

Bids shall be presented on the bid form included in each bid package and delivered to:

Education Center, Front Desk not later than 10:00 A.M. Monday, October 19, 2026, to be promptly opened in public at above address.

Each bid shall be in accordance with plans, specifications, and other contract documents. (The District will accept and not consider the sealed packets late as long as they are checked in and affixed with a district-generated label confirming receipt at the Front Desk of the Education Center by 10:00 A.M. The District will consider the sealed packets late if they are not checked in and affixed with a district-generated label confirming receipt by 10:01 A.M. on Monday, October 19, 2026. It is the highly recommended that Bidders confirm the time with the Receptionists upon arrival to the Education Center lobby.)

Each bid must conform and be responsive to all documents. Each bid shall be in accordance with specifications, instructions and information contained in the bid package. No bid may be withdrawn for ninety (90) days.

There will be no charge to obtain a bid package. No partial sets will be available. To obtain a bid package, please go the District’s web-page at http://www.pusd.org/purchasing.

There will be a mandatory Pre-Bid Conference on Thursday, October 1, 2026 at 10:00 A.M.

in the Board Room at the District Education Center, 800 S. Garey Avenue Pomona, CA. Bidder must sign in at the Front Desk of the Education Center (same street address). The doors will be locked at said time and no other access will be allowed. Any vendor bidding on the services who fails to attend the entire mandatory conference will be deemed a non-responsive bidder and will have its bid returned unopened. Please plan on arriving at the Lobby at least 20 minutes early to allow sufficient time to complete check-in. All bidders will be responsible for obtaining any addendums or revisions to the project. It is the bidder’s responsibility to attend the requested Pre-Bid Conference to ensure accurate service bid cost(s) and any pertinent information. Please note there is no virtual option available for this Pre-Bid Conference. The conference will not be recorded.

If you have any questions regarding the number of addendum or encounter problems downloading the bid packet, please contact Mina Young at (909) 397-4800, Ext. 23901. All other questions must be submitted using the link in the bid packet, no later than 12:00 P.M. PST on Tuesday, October 6, 2026.

Each bidder shall be responsible for ensuring all equipment and methods used by the bidder to provide trash collection and disposal under this contract complies with Federal, State, County and City laws, regulations and requirements.

The awarded bidder will be responsible for obtaining any and all fees, licenses and permits for operation under this contract. Notwithstanding any exemptions that may be specifically available to the District, all fees, licenses and permits required pursuant to Federal, State, County and City laws and regulations applicable to contractors performing the scope of work set forth in the Bid Documents.

Bid No. 06(26-27)MO 6

The District reserves the right to reject any and all bids, and to waive any irregularities in any bid.

Equal Opportunity Affirmative Action Employer

BY: Ed Govea Director of Purchasing and Warehouse By authority of the Governing Board of Pomona Unified School District Los Angeles County, State of California

PUBLICATION DATES: September 23 and September 30, 2026 Inland Valley Daily Bulletin and http://www.pusd.org/go/purchasing

Bid No. 06(26-27)MO 7

INSTRUCTIONS I INFORMATION FOR BIDDERS

For District Wide Trash Pick-Up and Disposal – Bid No. 06(26-27) MO

PREPARATION AND SUBMISSION OF Bid Bids must be presented on the form included in the bid package and must be submitted at such time and place as is stated in the Notice to Contractors. All blanks in the bid form must be appropriately filled in.

Prices are to be stated in units specified on the contractor’s bid form. All bids shall be submitted in sealed envelopes bearing on the outside the name of the contractor, his/her address, and the name of the project and bid number for which the bid is submitted. It is the sole responsibility of the contractor to see that his/her bid is received in proper time. Any bid received after the scheduled closing time for receipt of bids will be returned to the contractor unopened. The Pomona Unified School District is not responsible for bids sent via U.S. Mail, UPS, and Federal Express or by any other delivery service. All bids are due at the Front Desk of the Education Center by the posted or advertised closing date and time. It is the bidders’ responsibility to ensure that their bid is delivered to the Front Desk located on the first floor, at 800 South Garey Ave, Education Center, Pomona, CA 91766. The District will accept and not consider the sealed packets late as long as they are checked in and affixed with a district-generated label confirming receipt at the Front Desk of the Education Center by 10:00 A.M. The District will consider the sealed packets late if they are not checked in and affixed with a district-generated label confirming receipt by 10:01 A.M. on Monday, October 19, 2026. It is the highly recommended that Bidders confirm the time with the Receptionists upon arrival to the Education Center lobby.

If bidder is submitting their bid packet by mail (instead of in-person delivery), the sealed packet must reference the bid number and project title AND must be addressed to:

Pomona Unified School District Attn: Purchasing Department 800 S. Garey Avenue Pomona, CA 91766

It is still the bidder’s responsibility to ensure that their bid packets, if mailed, still arrive at the Purchasing Department at least one day prior to the bid deadline.

ERASURES, INCONSISTENT OR ILLEGIBLE BID

The bid submitted must not contain any erasures, interlineations, or other corrections unless each such correction is suitably authenticated by affixing in the margin immediately opposite the correction the surname or surnames of the persons signing the bid. In the event of inconsistency between words and figures in the bid price, words shall control figures. In the event that the District determines that any bid is unintelligible, inconsistent or ambiguous, the District may reject such bid as not being responsive to the Notice to Contractors.

MODIFICATIONS

Changes in or additions to the contractor’s bid form, recapitulations of the item(s) on, alternative bids, or any other modification of the contractor’s bid form that is not specifically called for in the contract documents may result in the District’s rejection of the bid as not being responsive to the Notice to Contractors. No oral or telephonic modification of any bid submitted will be considered.

Bid No. 06(26-27)MO 8

SPECIFICATIONS

Detailed specifications set forth herein are for the purpose of establishing minimum standards for the purchase of the unit(s) desired by the District. Wherever in these specifications any item, material, process or type is specified or referenced by brand, proprietary name or by the name of the manufacturer, it shall be for descriptive purposes only and shall be deemed to be followed by the words “or equal”. The District shall make final determination on acceptability of all suggested substitute products.

SUBSTITUTIONS AND SAMPLES

All items must conform to the specifications set forth in these bid documents. The District reserves the right to reject all bids that do not conform to the specifications. On brands other than those specified, the contractor must state on the bid the brand, model number, or other trade designation on each item other than “as specified”. See Specification Sheet for requirements. At a minimum, descriptive technical literature fully descriptive the claimed “or equal” product must be attached to the bid. Suitability and evaluation of “equals” rests in the sole discretion of the District. Where samples are requested, they must be furnished free. Samples will be returned at contractor’s expense provided a request accompanies the samples and provided further that samples are not destroyed by tests.

PATENTS, ETC.

The vendor shall hold the Pomona Unified School District, its officers, agents, servants, and employees harmless and free from liability of any nature or kind account of use (by publisher, manufacturer, or author) of any copyrighted or non-copyrighted composition, secret process, patented invention, article or appliance furnished or used under this bid.

SALES TAX

Do not include California State Sales or Use Taxes in unit prices. Do not include or add Federal Excise Tax as the District is exempt.

SIGNATURE

The bid must be signed in the name of the contractor and must bear the signature in longhand of the person or persons duly authorized to sign the bid on behalf of the contractor. Please note: all signatures should be signed in permanent blue ink. (All documents identified in the Required Bid Forms Section must be signed in permanent blue ink.) No photocopies of signatures are permitted. All required documents must be signed and submitted with permanent wet ink. The same applies for embossed documents executed by a surety company and/or a corporation. If an embossed seal is used, it must be an original (not photocopies of embossed paperwork).

If bidder is a corporation, the legal name of the corporation shall first be set forth, together with two signatures: one from the President and one from the Secretary or Assistant Secretary. Alternatively, the signature of other authorized officers or agents may be affixed, if a certified copy of the resolution of the corporate board of directors authorizing them to do so is provided to the District. Such documents shall include the title of such signatories below the signature and shall bear the corporate seal, stamp, sticker, or other marks certifying a document’s originality and validity as required by law and at the District’s discretion to the extent permitted by law.

If bidder is a partnership, the true name of the firm shall first be set forth, together with the names of all persons comprising the partnership or co-partnership. The bid must be signed by all partners comprising the partnership unless proof in the form of a certified copy of a statement of partnership acknowledging the signer to be a general partner is presented to the District, in which case the general partner may sign.

Bids submitted as joint ventures must so state and be signed by each joint venturer.

Bid No. 06(26-27)MO 9

Bids submitted by individuals must be signed by the bidder unless an up to date power- of-attorney is on file in the District office, in which case, said person may sign for the individual.

The above rules also apply in the case of the use of a fictitious firm name. In addition, however, where a fictitious name is used, it must be so indicated in the signature.

NAME AND NATURE OF CONTRACTOR’S AND SUPPLIER’S LEGAL ENTITY

The Contractor shall specify in the bid and in the bond the name and nature of its legal entity and any fictitious name under which it does any business covered by the bond. The bid shall be signed under the correct firm name by an authorized officer or person. The successful Contractor may be required to furnish a letter of organization, listing the firm members, officers of corporation and those persons authorized to sign legal documents. Should a change be contemplated in the name or nature of the supplier’s legal entity, the supplier shall first notify the District Purchasing Department in order that proper steps may be taken to have the change reflected on the purchase order.

NON-COLLUSION DECLARATION

Contractors on all public bids are required to submit a Declaration of Non-collusion with their bid. This Declaration is made part of the bid package and must be signed under the penalty of perjury and dated.

BID SECURITY

Each bid must be accompanied by a cashier’s check payable to the District in the amount of $10,000 or a satisfactory bid bond in favor of the District, executed by the contractor as principal and a satisfactory surety company as surety, in an amount not less than 10% of the maximum amount of the bid or in the amount of $10,000. The check or bid bond shall be given as a guarantee that the contractor shall execute the Contract, if it is awarded to him/her in conformity with the Contract documents, and shall provide the executed Agreement. In the event that an award is made to contractor and such contractor fails or refuses to execute the Contract and provide the required documents, said security shall be forfeited to the District as liquidated damages.

WITHDRAWAL OF BIDS

Any contractor may withdraw his/her bid in person only prior to the scheduled closing time for the receipt of bids.

EXAMINATION OF SITE AND PROJECT DOCUMENTS

At its own expense and prior to submitting its bid, each bidder shall examine all documents relating to the Project; visit the site and determine the local conditions which may in any way affect the performance of the work, including the general prevailing rates of per diem wages and other relevant cost factors;

familiarize itself with all Federal, State and Local laws, ordinances, rules, regulations and codes affecting the performance of the work, including the cost of permits and licenses required for the work; make such surveys and investigations, including investigation of subsurface or latent physical conditions at the site or where work is to be performed, as it may deem necessary for performance of the work at its bid price ;

determine the character, quality, and quantities of the work to be performed and the materials and equipment to be provided; and correlate its observations, investigations, and determinations with all requirements of the Project . The Project Documents show and describe the existing conditions as they are believed to have been used in the design of the work and are only provided as information for the bidder.

The DISTRICT is not making any warranties regarding said information. The DISTRICT shall not be liable for any loss sustained by the successful bidder resulting from any variance between the conditions and design data given in the Project Documents and the actual conditions revealed during the bidder's pre-bid examination or during the progress of the work. Bidder agrees that the submission of a bid shall be incontrovertible evidence that the bidder has complied with all the requirements of this provision of the Information for Bidders.

Bid No. 06(26-27)MO 10

If a conflict occurs between this Agreement and any Appendix, Exhibit or Schedule, unless otherwise specifically stated in the Appendices, Exhibits or Schedules, the order of precedence shall be:

Special Conditions Agreement Bid documents

ADDENDA TO THE DOCUMENTS

If any prospective bidder is in doubt as to the true meaning of any part of the Contract Documents, or finds discrepancies in, or omissions, a written request for an interpretation or correction thereof may be submitted to the District. The bidder submitting the request shall be responsible for its prompt delivery.

Any interpretation or correction of the Contract Documents will only be made by Addendum duly issued. A copy of all such addenda will be posted on the District’s website for download. It is the contractor’s responsibility to inquire about the number of addendums. No person is authorized to make any oral interpretation of any provision in the Contract Documents, nor shall any oral interpretation be binding on the District.

Each request for clarification or request for information (RFI) shall be submitted using the link below:

https://forms.gle/5JKuFf4MndquLfTs5

All questions or comments regarding this bid (except to inquire about the number of addenda issued) must be put submitted using the link above no later than 12:00 P.M. on Tuesday, October 6, 2026.

You will receive an email confirmation from Google upon successful submission of Request for Information (RFI). If you encounter problems submitting RFI's using the link, please contact Mina Young at 909 397 4800 ext. 23901.

Pomona Unified School District shall not be obligated to answer any questions received after the above-specified deadline or any questions submitted in a manner other than as instructed above.

Each transmitted request shall contain the name of the person and the name of the company filing the request along with telephone and email address, Specifications and/or Drawing number. Bidder is responsible for the legibility of hand written requests. A written response to timely pre-bid clarifications requests which materially affects the bidders price will be made by Addendum issued by the Pomona Unified School District not less than seventy-two (72) hours prior to bid opening.

REFERENCES

All contractors must include a list of references when submitting their bid. References are to be listed on the reference form included in the Required Forms section of the bid package.

MULTI- YEAR EXTENSION

Subject to the provisions of pricing-terms of contract, and pursuant to Education Code, Sections 17596 and 81644, this bid may be extended (by mutual annual consent expressed in writing) for four (4) additional school fiscal years.

Bid No. 06(26-27)MO 11

PRICING-TERM OF CONTRACT

The term of this Agreement shall be November 19, 2026, through June 30, 2027, renewable annually, by mutual consent, for an additional four (4) years. The option may be exercised by the District, providing thirty (30) days written notice is given and accepted by the successful bidder. Contract period not to exceed five (5) years.

Minimum contract term is twelve (12) months. Quoted prices must stay in effect for twelve (12) months after award of bid and may be extended upon mutual consent of District and vendor for up to four (4) additional twelve (12) month periods or until the end of the school fiscal year, whichever is the shorter duration, in accordance with provisions contained in the Education Code, Sections 17596 and 81644. Price increase according to Los Angeles Consumer Pricing Index with a maximum of 5% per contract term and may be negotiated subject to existing market conditions. In the event of a general price decrease the District reserves the right to revoke the bid award unless the decrease is passed on to the District.

In addition to the annual CPI adjustment, the Contractor shall be entitled to a rate adjustment to accommodate increases in landfill dump fees charged by the County of Los Angeles (or wherever the trash is dumped). This upward adjust will require written proof of the dump fee increase. The upward adjustment for landfill dump fee will be calculated as follows;

1. Contractor shall show what percentage (%) and actual amount of the overall cost charged the

District is actually attributed to landfill dump fee.

2. Contractor shall show the County (percentage %) increase in the dump fee.

3. The increase allowed will be equal to the amount of the percentage of the base rate attributed to dump fee divided by the percentage increase in County fees.

Example: Assume that XYZ company is awarded the District contract and charges $40 for once weekly pickup of a three (3) cubic yard bin. XYZ demonstrates that dump fees make up 25% of their overall cost of doing business. The County raises dump fees 20% for the upcoming year.

XYZ is entitled to raise the rate for the three (3) cubic yard bin to $42 (plus CPI inflation) calculated:

Base Rate = $40 25% of Base Rate is dump fee = $10 20% raise in dump fee by County = 20% of $10 = $2

New Price = Base Rate $40 plus dump fee increase $2 = $42

The contractor when requesting an annual increase will provide the District with the Consumer Price Index (CPI) formula information as stated above and the County dump fee calculation.

Contractor annual rate adjustment shall be submitted to the District Purchasing Office by May 1st for each year extension.

CHANGE IN FEE SCHEDULE

Review of price schedule may be made on request of Contractor for the renewal period of July 1, 2027, through June 30, 2028, as well as for future renewal periods should they occur.

Bid No. 06(26-27)MO 12

Increases will be considered under the following condition:

The contractor shall be entitled to an annual increase of the base rate not to exceed 5% with Board approval based on the Los Angeles Consumer Pricing Index (CPI). Conversely, if the CPI declines, the District will be entitled to a rate decrease.

Price increase requests must be documented at time of renewal only. The Contractor must submit requested price increase requests, if any, by 4 PM LST on May 1st of each year for approval effective in the next term of the agreement. If the deadline lapses, the District may extend the deadline at its absolute and sole discretion.

Summer Schedule: A reduced schedule of pickups MAY be determined by the District. Contractor will be notified 15 days in advance. Billings for summer months are to reflect the reduced schedule of service, if applicable.

DISTRICT’S RESERVATION OF RIGHTS

The District reserves the right to reject any or all bids and to waive any irregularities in a bid or in the pricing. No contractor may withdraw his bid for a period of ninety (90) days after the time set for the opening thereof.

ORDER QUANTITIES

The District has estimated Contract term requirements for the supplies and commodities as listed in the quantities shown on the contractor’s bid form. The District, however, does not guarantee orders in these amounts nor shall the District be required to limit its orders to only those figures. This is an indefinite-quantity bid with good faith District estimates shown.

COMPLIANCE WITH GOVERNMENT CODE

Contractors shall strictly observe the requirements of Government Code Section 1090 and 1091 in bidding upon this requirement.

ACCEPTANCE OF BID

The District reserves the right to reject any or all bids, or to waive any or all irregularities or informalities in any bid or in the pricing. The award of the Contract(s), if made by the District, will be made to the lowest responsible contractor(s) whom is/are fully responsive to the requirements contained in the notice to contractors. Awards may be made on a unit and/or line item basis (or by grouping of line items) unless otherwise specified on contractor’s bid form. Bids may be rejected on grounds of non-responsiveness or non-responsibility. Bids are subject to acceptance at any time within ninety (90) days after opening of same unless otherwise stipulated. The District also reserves the right to make multiple awards or no award at all.

CANCELLATION FOR INSUFFICIENT OR NON-APPROPRIATED FUNDS

The contractor hereby agrees and acknowledges that funds utilized by the District to purchase the items in the bid is public money appropriated by the State of California or acquired by the District from similar public sources and is subject to variation. The District fully reserves the right to cancel this bid at any time and/or to limit quantities of items due to non-availability or non-appropriation of sufficient funds.

Bid No. 06(26-27)MO 13

ANTI-DISCRIMINATION

It is the policy of the District that in connection with all work performed under Contracts, there be no discrimination against any prospective or active employee engaged in the work because of race, color, ancestry, national origin, religious creed, sex, age, marital status, physical disability, mental disability, or medical condition. The Contractor agrees to comply with applicable Federal and California laws including, but not limited to, the California Fair Employment and Housing Act, beginning with Government Code, Section 12900, and Labor Code, Section 1735 and the American with Disabilities Act, 42 USC and 12101

et. Seq.

FAILURE TO FULFILL CONTRACT

When any contractor or vendor fails to deliver any article or service or delivers any article or service which does not conform to the specifications, the District may at its sole discretion, annul and set aside the Contract entered into with said vendor or contractor, either in whole or in part, and make and enter into a new contract for the same items in such manner as seems to the Board of Education to be to the best interest of the District. Any failure for furnishing such articles or services by reason of the failure of the vendor or contractor, as stated above, shall be a liability against such vendor and his sureties.

CONTRACT TERMINATION

Termination for Cause. If the contractor refuses or fails to perform all or any part of its obligations hereunder, or fails to perform all or any part of its obligations in a timely manner, or if the Contractor should be adjudged as bankrupt, or if the Contractor should make a general assignment for the benefit of the Contractor’s creditors, or if a receiver shall be appointed on account of his insolvency, or if the Contractor or any of the subcontractors should violate any of the provisions of this Contract, the District may serve written notice upon the Contractor of its intention to terminate this Contract, such notice to contain the reasons for such intention to terminate this Contract, and unless within ten (10) days after the serving of such notice, such violation shall cease and arrangements satisfactory to the District for the correction thereof shall have been made upon the expiration of said ten (10) days.

The District may, without prejudice to any other rights or remedies of the District and after giving the Contractor written notice of ten (10) days, terminate the Contract. Whenever Contractor is determined by the District to be in default, the District may suspend the use of Contractor’s services, and may procure replacement services. The prices paid by the District at the time substitute services are procured for the suspension period shall be considered the prevailing market prices. Any extra costs incurred, for services during the period in which the Contract is suspended, shall be collected by the District from the Contractor in full, prior to any reinstatement of the Contract to Contractor.

TERMINATION WITHOUT CAUSE/TERM FOR CONVENIENCE

The District may terminate the Contract upon Thirty (30) calendar days written notice to the Contractor, if it is found that reasons beyond the control of either the District or Contractor make is impossible or against the District’s interest to continue the Contract. District may at its option, in the event of default by Contractor, collect garbage and rubbish itself, or hire the same done, and Contractor shall be liable for costs incurred. The waiver of any breach of the terms of the Agreement shall not be deemed a waiver of any recurrence of the same of any other subsequent breach of said Contract.

HOLD HARMLESS

The successful contractor will be required to, at their own cost and risk, hold harmless and indemnify the District against any and all actions, suits, or other proceedings that may be brought or instituted against the District, its officers, agents or employees, or any such claim, demand or liability, and shall pay or satisfy

Bid No. 06(26-27)MO 14 any judgment that may be rendered against the District, its officers, agents or employees in any action suit or other proceedings occurring in connection with or in any way incident to or arising out of the occupancy, use, service, operations, or performance under the terms of this Contract, resulting in whole or in part from the negligent acts or omissions of vendor, and subcontractor, or any employee, agent, or representative of vendor and/or subcontractor.

SAM.GOV

The System for Award Management, or SAM, is a government-wide portal that is consolidating the capabilities of multiple systems and information sources used by the Federal government in conducting the acquisition and financial assistance (which includes grants and cooperative agreements) processes.

Phase 1 moved the functionality of the Central Contractor Registry (CCR) and Excluded Parties List System, as well as other systems pertinent to acquisition only, to SAM.

SAM.gov is used by the Federal Government to identify and list those sanctioned companies and individual that are debarred and prohibit from certain federal contract, biding on contracts or receiving government contracts.

Our District does have programs that receive Federal funds, therefore, the District will do its due diligence after the bid opening to make sure that the low apparent bidder is not listed with a debarment status on SAM.gov. If the low apparent bidder is found to have a debarment status on the Sam.gov website, then the District will award the contract to the next low bidder that is not listed as debarred on SAM.gov.

DISABLED VETERAN OWNED BUSINESS ENTERPRISES CONTRACTING GOALS

In accordance with Education Code section 17076.11, Pomona Unified School District has a participation goal (Board Resolution No. 05(2000-0 1)) for disabled veteran business enterprises of at least three percent (3%) per year of the overall dollar amount of funds allocated to the District by the State Allocation Board pursuant to the Leroy F. Greene School Facilities Act of 1998 (hereinafter referred to as the School Facilities Program (SFP) for construction or modernization and expended each year by the District. Prior to and as a condition precedent for final payment under any contract for a SFP project, the contractor shall provide appropriate documentation to the District identifying the amount paid to disabled veteran business enterprises in conjunction with the contract, so that the District can assess its success at meeting this goal.

It is recommended that the successful contractor identify all DVBE subcontractors and/or suppliers they will use on the project to meet the DVBE goal, no later than 10 working days after award of contract. This requirement does not relieve the contractor to comply with the requirement to list, at the time of submitting their bid, all subcontractors that will be doing more than 1/2 of one percent of the work.

BASIS OF AWARD

Neither this bid nor acceptance of vendor’s response shall constitute an obligation to purchase any service. Price, service features, and your ability to meet bid requirements are major considerations. The District reserves the right to reject any bid, to waive any technical or formal defects therein, and to award the bid, in part or in its entirety, to the lowest responsible and responsive bidder(s).

BID PROTEST PROCEDURE

Once the bid opening meeting has concluded, bid results and other bid documents must be requested in writing, via email, to Ed Govea, Director of Purchasing and Warehouse (Eduardo.Govea@pusd.org). Any bidder may file a bid protest. The protest shall be filed in writing with the District’s Director of Purchasing and Warehouse within three (3) calendar days after the posting or release of the bid results. An e-mail

Bid No. 06(26-27)MO 15 address shall be provided and by filing the protest, protesting bidder consents to receipt of e-mail notices for purposes of the Protest and Protest related questions and Protest Appeal, if applicable. The protest shall specify the reasons and facts upon which the protest is based.

a. Resolution of Bid Controversy: Once the bid protest is received, the apparent lowest responsible bidder may be notified of the protest and the evidence presented. If appropriate, the apparent lowest responsible bidder may be given an opportunity to rebut the evidence and present evidence that the apparent low bidder should be allowed to perform the Work. If deemed appropriate by the District, an informal hearing will be held. District will issue a written decision within fifteen (15) calendar days of receipt of the protest, unless factors beyond the District’s reasonable control prevent such resolution. The Decision on the Bid Protest will state the reasons for the actions taken by District and will be copied to all parties involved in the protest.

b. Appeal: If the protesting bidder or the apparent lowest responsible bidder is not satisfied with the decision, the matter may be appealed to the Assistant Superintendent, CFO of Business Services, or their designee, within three (3) calendar days after receipt of the District’s written Decision on the Bid Protest. The appeal must be in writing and sent via overnight registered mail with all accompanying information relied upon for the appeal and an e-mail address from which questions and responses may be provided to:

Pomona Unified School District Business Department 800 South Garey Avenue Pomona, CA 91766

c. Appeal Review: The Assistant Superintendent, CBO of Business Services or their designee shall review the Decision on the Bid Protest from the Director of Purchasing and Warehouse and issue a written response to the Appeal, or if appropriate, appoint a Hearing Office to conduct a hearing and issue a written decision. The written decision of the Assistant Superintendent, CBO of Business Services or the Hearing Officer shall be rendered within fifteen (15) calendar days and shall state the basis for the decision.

The decision concerning the Appeal will be final and not subject to any further Appeals.

d. Reservation of Rights to Proceed with Project Pending Appeal. The District reserves the right to proceed to award the Project and commence construction pending an Appeal. If there is State Funding or a critical completion deadline, the District may choose to shorten the time limits set forth in paragraph 12 if written notice is provided to the protesting party. E-mailed notice with a written confirmation sent by First Class Mail shall be sufficient to constitute written notice. If there is no written response to a written notice shortening time, the District may proceed with the award.

Finality. Failure to strictly comply with this Bid Protest Procedure shall constitute a waiver of the right to protest and shall constitute a failure to exhaust the protesting bidder’s administrative remedies. As such, full compliance is an express condition precedent to bidder's ability to submit a protest and any subsequent legal challenges, if any.

Bid No. 06(26-27)MO 16

Required Forms Section

Bid No. 06(26-27)MO 17

CHECKLIST OF MANDATORY BID FORMS

(For Contractor’s use and reference only. Additional documents may be required so bidders should carefully review all Contract Documents and Bid Documents)

1) Bidder References and Responsibility Information

2) Non-Collusion Declaration

3) Bid Guarantee Form

4) Bid Bond (or other bid security as described in the Instructions to Bidders)

5) Service Provider Bid Form /Price Sheet

6) Contractor’s Certificate Regarding Workers’ Compensation

7) Acknowledgment of Bidding Practices Regarding Indemnity

8) Vendor’s Questionnaire

Bid No. 06(26-27)MO 18

* BIDDER REFERENCES AND RESPONSIBILITY INFORMATION

Contractor: _________________________________________________________________

Address _________________________________________________________________

Phone: _________________________________________________________________

Contact: _________________________________________________________________

1. The District expressly reserves the right to reject the bid of any bidder who, upon investigation, has been determined to fail to complete similar contracts in a timely fashion or in a satisfactory manner.

Such rejection would, if applicable, be based upon the principle that the bidder is "non-responsible" and poses a substantial risk of being unable to complete the work in a cost-effective, professional and timely manner. The District reserves the right to check its own references, regardless of the ones submitted by the bidders.

2. In performing the above-described responsibility determination, the District reserves the right to utilize all possible sources of information in making its determination, including but not limited to:

inquiries to regulatory state Boards and agencies; Dun and Bradstreet credit reports, inquiries to companies and public entities for which the contractor has previously performed work, reference checks and examination of all public records.

3. The bidder must also demonstrate a knowledge of school techniques and should possess a working ability to perform similarly-sized work for a public agency. This knowledge and ability shall be shown by furnishing the names, current phone numbers, address, points of contact and scope of work of at least five (5) unique customers served within the past three (3) years with requirements similar to the needs of the Pomona Unified School District.

4. FAILURE TO FURNISH THE REFERENCES (IN THE COMPLETE FORMAT REQUIRED)

MAY CAUSE YOUR BID TO BE REJECTED AS NON-RESPONSIVE.

5. EXAMPLE: Your references should be listed in the following format (facts are example only)

(a) Work for X Y Z Unified School District

(b) Phone # (222) 123-4567

(d) Contact: J. Q. Jones III at above #

(e) Renovated Hills High in 1990 for $1.3 MILLION.

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Bidders Name:

6. Reference #1

District or Entity:

Phone #: ___________________________________________________________