IFB-Sound_System-2016.pdf

CALIFORNIA EXPOSITION & STATE FAIR

P.O. Box 15649 Sacramento, CA 95852-1649 State of California Edmund G. Brown Jr., Governor

State of California California Exposition & State Fair

INVITATION FOR BID

SOUND SYSTEM RENTAL – CONCERT VENUE

CSF-16-1095

March 29, 2016

You are invited to review and respond to this Invitation for Bid (IFB), entitled Sound System Rental – Concert Venue, #CSF-16-1095. In submitting your bid, you must comply with these instructions.

Note that all agreements entered into with California Exposition & State Fair (Cal Expo) will include by reference State of California General Terms and Conditions and Contractor

Certification Clauses that may be viewed and downloaded at Internet site www.ols.dgs.ca.gov/standard+language. If you do not have Internet access, a hard copy can be provided by contacting the person listed below.

In the opinion of California Exposition & State Fair, this IFB is complete and without need of explanation. However, if you have questions, or should you need any clarifying information, the contact person for this IFB is:

Heidi Turpen

Contracts Office

916-274-0699 hlturpen@calexpo.com

Please note that no verbal information given will be binding upon Cal Expo unless such information is issued in writing as an official addendum.

Thank you for your interest in the California Exposition & State Fair.

Heidi Turpen

Heidi L. Turpen Contracts Manager http://www.ols.dgs.ca.gov/standard+language mailto:hlturpen@calexpo.com

Sound System Rental – Concert Venue, IFB #CSF-16-1095

A. Purpose and Description of Services

The Golden 1 Stage is a concert venue with a capacity for 7,500. The stage is 40‘ x 60’ with a 20’ high truss structure around the perimeter. The roof is retractable but is kept at maximum height after the opening of the California State Fair. The stage is placed in a shallow lagoon and is surrounded by water on all sides. The VIP area is adjacent stage left and requires only minimal amplification.

The Contractor will provide a sound system to adequately support headliner concerts and various other entertainers during the California State Fair (Fair). The 2016 Fair is scheduled for July 8 through July 24, 2016; dates in future years will be similar. The stage normally operates ten (10) hours per day for seventeen (17) days (number of days varies depending on entertainment scheduled).

1. Bid amount must include all labor, equipment, supplies, materials, and incidentals required to provide the services described in this Invitation for Bid (IFB).

2. Contractor will provide all equipment required for installation, load-in, load-out, operation, and maintenance of sound system.

3. All equipment must bear company identification without exception.

4. Contractor will provide Cal Expo with a detailed inventory of equipment used on-site, including identification or serial numbers.

5. Contractor agrees to provide special equipment, upon request of Cal Expo, at short notice.

6. There can be no patron accessibility to equipment and no interference with walkways, crossovers, exits, or fire lanes.

7. All equipment must have safety cable wherever possible.

8. Contractor will supply all cabling, chain motors, and rigging needed to fly speaker system and to meet the contract specifications.

9. Contractor will supply power distribution for onstage to support artists’ backline and stage equipment.

10. Staff

a. Contractor must provide technical staff for load-in, load-out, operation, and maintenance of the sound system. Cal Expo will provide union labor for load-in and load-out of the sound equipment.

b. Contractor must provide at least two dedicated sound technicians for the front of house and monitor mix stations. The technicians must be skilled and trained with expertise operating a JBL Vertec line array system, running Smaart Audio

Program, and working with major recording artists. The schedule of the sound technicians will be determined by Cal Expo.

c. Contractor must provide a contact person and phone number who Cal Expo can contact at all hours during the rental period for resolution of any malfunctions of equipment.

11. Transportation: Contractor will provide transportation for equipment and personnel to and from the venue. The necessary ramps and/or lift gates for load-in and load-out will be provided by the Contractor.

12. Subcontracting: No subcontracting is allowed for any portions of this agreement.

13. Malfunctions of Equipment: Contractor must have the resources to ensure that any technical malfunctions are resolved before the start of each event. In addition, if there are any malfunctions with the sound systems during operation, Contractor must respond and rectify the malfunction immediately upon being contacted by Cal Expo. If the equipment does not function properly to Cal Expo’s standards, Cal Expo may acquire equipment by another means. Contractor’s payment will be reduced for any equipment that is not functional and cannot be utilized by Cal Expo and for Cal Expo’s cost of acquiring equipment by another means.

14. Set-up and Removal of Equipment: Load-in of all sound equipment may begin at least two (2) days prior to the first day of the Fair, and must be completed and ready for use no later than 9:00 AM on opening day of the Fair. Removal of equipment may begin after 10:15 PM on the closing day of the Fair, and must be complete no later than

5:00 PM the day after closing day of the Fair, unless other arrangements have been made in advance.

15. California State Fair Hours: Monday through Thursday, 11:00 AM until 10:00 PM;

Friday, Saturday, and Sunday, 10:00 AM until 10:00 PM.

16. Cal Expo will provide:

a. A shaded front-of-house riser structure which is located in a fixed position approximately 150 feet in the front of stage left.

b. Necessary power source to operate the sound system. The power supply will be three-phase or single-phase as needed.

17. System Requirements: Contractor must provide a system in which the main speakers can be flown, with a maximum weight of 1,000 pounds hung from each side of the stage, including rigging hardware. All sub-woofers must be placed on ground.

18. Equipment

The equipment listed below includes the specific equipment that has been used for the services included in this IFB and has met Cal Expo’s standards. If equivalent equipment is included in the bid, the bidder must provide explanation and/or documentation that the equipment is compatible with the line array speaker system and that it will provide the same or better performance. In addition, bidder must submit name and contact information for a venue(s) where bidder used the equivalent equipment. Cal Expo will contact references for an evaluation of the services. If

Cal Expo determines that the alternate equipment does not meet Cal Expo’s requirements and/or standards, the bid may be rejected and the next lowest bid chosen.

a. Main Speakers

NOTE: The weight of the line array speakers must not exceed 1,000 pounds per side. Vertec subs will need to be stacked on the ground.

Quantity Description

16 JBL Vertec VT 4888 Line Array 3 way speaker enclosures. Each enclosure shall have 2 x 12” Woofers, 4 x 5.5” mid drivers and 2 x 15” high frequency drivers. (No substitutions will be accepted.)

12 JBL Vertec VT4880 Line Array Dual 18” Subwoofers Enclosures (No substitutions will be accepted.)

2 JBL Vertec Array Frames to fly line Array Speakers (No substitutions will be accepted.)

4 CM – 1 Ton Chain Hoist Motors

1 Rigging Package with, Span sets, Shackles, Steel and Motor Distro

Control etc.

4 JBL SRX712 12” + 1” Horn Front Fill Speakers w/ QSC Amplifiers

(No substitutions will be accepted.)

4 JBL Concert Series Speakers for outfills (4853A 2 x 12”, 1 x 2” horn, 2 x 2 tweets) (No substitutions will be accepted.)

1 3-Way Amplifier Rack (3 x QSC, 1 x BSS Digital 3-Way Processor)

2 Small speakers for VIP area with separate volume controls

b. Delay Speakers (the rear of seating area)

4 EAW KF-850E 3-Way Speaker systems or equivalent

3 QSC 4.0 Stereo Power Amplifiers or equivalent

1 BSS 3-Way digital processor unit or equivalent

c. Main System Electronics

NOTE: Two front of house consoles required.

1 Avid Profile Digital mixing console (48 x 24 Aux x L + R + Matrix) or equivalent

1 Yamaha PM5DRH Digital mixing console or equivalent

1 House power supply rack for Avid Profile (2 x Power supply, 1 x UPS unit) or equivalent

1 House power supply rack for Yamaha PM5D (2 x Power supply, 1 x

UPS unit) or equivalent

1 Whirlwind 300’ coaxial snake with splitter or equivalent

1 Whirlwind 300’ 52 paired audio snake with splitter or equivalent

1 Avid Venue 48 x 24 Stage Rack or equivalent

2 Aphex model 720 stereo peak limiters or equivalent

2 XTA DP-448 Stereo 4-Way digital crossover-processor or equivalent

1 XTA DP-224 Digital Processor for Fills & Delays or equivalent

1 Eventide H3000 digital effects unit or equivalent

2 Tascam CDO1U stereo compact disk player or equivalent

2 ISO Transformers for video feed or equivalent

1 Tascam 112 stereo cassette deck or equivalent

2 Furman PL-plus 8 line voltage units or equivalent

1 Clear-com communication system for stage

d. Main Power Amplifiers

16 QSC Pl380 power amps, 4000 watts per channel; 2 ohms for main line array or equivalent

8 QSC PL380 stereo power amps, 4000 watts per channel; 2 ohms for subwoofers or equivalent

(continued on next page)

e. Monitor Speakers

NOTE: The entire monitor system is bi-amped, using components in all cabinets respectively for highs and lows and separate power amps and active crossover for highs and lows.

SIDE FILL MONITORS (4-WAY SYSTEM)

2 EAW-KF850E 3-Way Enclosures. Each enclosure is loaded with 2

EAW LC-1063 10" Speakers loaded into a Foraythe Dual mid bass horn; (1) EAW CD-5002, 2" Ferrid Fluid compression Driver on

Forsythe 60 degree X 40 degree horn; and 1 EAW 15” for low mid frequencies or equivalent

2 EAW-SB-850 Dual bass each enclosure is loaded with 2 EAW-LC-

1528 18" Speakers or equivalent

FLOOR MONITORS

12 JBL VRX-915M 2-Way Bi-Amped floor monitors or equivalent

DRUM MONITORS

2 Custom built dual 15", 40 HZ tuned box with two JBL 2225 woofers, with one JBL 2385 bi-radial horn with a JBL 2441 compression driver or equivalent

1 JBL SRX Dual 18” Subwoofer for drummer or equivalent

f. Monitor System(s) Electronics

1 Yamaha PM5DRH Digital mixing monitor console, 48 inputs, 24 outputs or equivalent

1 Power supply rack (2 x PW800’s, 1 x UPS unit)

1 Clear-Com communication system

g. Monitor Power Amplifiers

18 Powersoft K-3 Stereo power amplifiers with on-board digital processing or equivalent

18 QSC 2.0 Stereo power amplifiers with 9 x XTA or BSS stereo

2-channel digital processor/crossovers or equivalent

(continued on next page)

h. Microphones

Quantity Description

50+ microphones and minimum of 16 direct boxes

Shure: SM58s, SM57s Beta 58s, Beta 57s, Beta 91s, and

Beta 98s

Sennheiser: MD441s and MD421

Beyer: M88s

AKG: 451s, D12s, 390s

Electrovoice: RE20

Countryman: Active Direct Boxes

WIRELESS MICROPHONES

6 Shure UHFR Pro Wireless combo microphone systems with

6 x Shure SM58s; 6 x Shure Belt Packs with Lapel mics or equivalent

MICROPHONE STANDS

50 Assorted microphone stands, round base, tripods, short, straight, & boom arms

i. Electrical Power Distribution

1 3-Phase 200-Amp, 220-Volt power distribution system. System must include all needed power cables to provide power to all needed areas of the audio system and full on stage power feeds to artists’ requirements.

System must also have 100 feet of camlock powerfeed with camlock tails.

19. Term: Term of this agreement will be July 1, 2016, through July 30, 2016. Cal Expo may, at its sole discretion, extend this agreement for similar California State Fair dates in 2017.

20. Payment: Payment will be made, in arrears, after satisfactory completion of services and approval of invoices submitted.

B. Minimum Qualifications for Bidders

The bidder must demonstrate that it meets all of the following minimum qualifications to be considered responsive to this IFB. Failure to satisfy all of the minimum qualifications shall be cause for rejection of the respondent’s bid.

1. Bidder must have a minimum of three (3) years experience, within the last five (5) years, providing sound equipment and services to venues that have a capacity of 7,500 or more and providing sound system equipment and technicians to support national/international recording artists.

2. Bidder must have trained technicians with a minimum of three (3) years experience, within the last five (5) years, to operate all required equipment. Technicians’ experience must include venues that have a capacity of 7,500 or more and providing services to support national/international recording artists.

3. Bidder must submit three (3) favorable references from clients, where services have been provided within the last two (2) years, with concert venues with a capacity of

7,500 or more and similar to that at the California State Fair.

C. Bid Requirements and Information

1. Key Action Dates

Event Date

Final Date for Bid Submission April 14, 2016; 2:00 PM

Proposed Award Date (tentative) April 15, 2016

2. Equipment List: Submit with bid a description of the equipment to be used by the bidder to fulfill the requirements of this IFB. The list of equipment must be specific and include the age of the equipment. If equivalent equipment is included in the bid, the bidder must provide explanation and/or documentation that the equipment is compatible with the line array speaker system and that it will provide the same or better performance. In addition, bidder must submit name and contact information for a venue(s) where bidder used the equivalent equipment. Cal Expo will contact references for an evaluation of the services to ensure that the equipment meets Cal Expo’s requirements and/or standards. In the event that the lowest bidder’s submitted list of equipment includes substitute or equivalent equipment, Cal Expo may also inspect the equipment to ensure that it meets Cal Expo’s requirements. If the equipment does not meet Cal Expo’s requirements and/or standards, the bid may be rejected and the next lowest bid will be chosen.

3. Experience of Firm: Submit with bid a description of experience of the firm to fulfill the minimum qualifications set forth above.

4. Bidder’s Staff: Submit with bid a recent résumé of the technicians that will be responsible for operating the equipment to fulfill the minimum qualifications set forth above. Provide the name of the venues, dates, contact persons, and telephone numbers of where the technicians provided similar services.

5. References: Submit three (3) favorable references from clients, where services have been provided within the last two (2) years, with concert venues with a capacity of

7,500 or more and similar to that at the California State Fair. References will be checked by Cal Expo’s representative. Unfavorable references received by Cal Expo may be grounds for the bid to be rejected.

6. Insurance: Submit with bid proof of insurance as required for this agreement (see

Special Terms and Conditions section of this IFB). The successful bidder will be required to submit an insurance certificate with additional insured information upon signing the agreement.

7. Submission of Bid:

a) All bids must be submitted under sealed cover and sent to Cal Expo by dates and times shown in Section C, Bid Requirements and Information, Item 1). The sealed cover must be plainly marked with the IFB number and title, must show your firm name and address, and must be marked with "DO NOT OPEN", as shown in the following example:

Heidi Turpen, Contracts Manager

PO Box 15649

Sacramento, CA 95852

IFB # CSF-16-1095

SOUND SYSTEM RENTAL – CONCERT VENUE

DO NOT OPEN

Bids not submitted under sealed cover may be rejected.

b) All bids shall include the documents identified in Section E, Required Attachment

Checklist. Bids not including the proper "required attachments" shall be deemed non-responsive. A non-responsive bid is one that does not meet the basic bid requirements.

c) All documents requiring a signature must bear an original signature of a person authorized to bind the bidding firm.

d) Mail or deliver bids to the following address:

U.S. Postal Service Deliveries Hand Deliveries

(UPS, Express Mail, Federal Express)

Heidi Turpen, Contracts Manager Heidi Turpen, Contracts Manager

California Exposition & State Fair California Exposition & State Fair

PO Box 15649 1600 Exposition Boulevard

Sacramento, CA 95852 Sacramento, CA 95815

e) Bids must be submitted for the performance of all the services described herein.

Any deviation from the work specifications will not be considered and will cause a bid to be rejected.

f) A bid may be rejected if it is conditional or incomplete, or if it contains any alterations of form or other irregularities of any kind. Cal Expo may reject any or all bids and may waive an immaterial deviation in a bid. Cal Expo’s waiver of an immaterial deviation shall in no way modify the IFB document or excuse the bidder from full compliance with all requirements if awarded the agreement.

g) Costs incurred for developing bids and in anticipation of award of the agreement are entirely the responsibility of the bidder and shall not be charged to Cal Expo.

h) An individual who is authorized to bind the bidder contractually shall sign the

Bid/Bidder Certification Sheet. The signature should indicate the title or position that the individual holds in the firm. An unsigned bid may be rejected.

i) A bidder may modify a bid after its submission by withdrawing its original bid and resubmitting a new bid prior to the bid submission deadline. Bidder modifications offered in any other manner, oral or written, will not be considered.

j) A bidder may withdraw its bid by submitting a written withdrawal request to

Cal Expo, signed by the bidder or an authorized agent. A bidder may thereafter submit a new bid prior to the bid submission deadline. Bids may not be withdrawn without cause subsequent to bid submission deadline.

k) Cal Expo may modify the IFB prior to the date fixed for submission of bids by the issuance of an addendum to all parties who received a bid package.

l) Cal Expo reserves the right to reject all bids. Cal Expo is not required to award an agreement.

m) Before submitting a response to this solicitation, bidders should review, correct all errors and confirm compliance with the IFB requirements.

n) Where applicable, bidder should carefully examine work sites and specifications.

Bidder shall investigate conditions, character, and quality of surface or subsurface materials or obstacles that might be encountered. No additions or increases to the agreement amount will be made due to a lack of careful examination of work sites and specifications.

o) Cal Expo does not accept alternate contract language from a prospective contractor.

A bid with such language will be considered a counter proposal and will be rejected. The State’s General Terms and Conditions (GTC) are not negotiable.

p) No oral understanding or agreement shall be binding on either party.

8. Evaluation and Selection

a) At the time of bid opening, each bid will be checked for the presence or absence of required information in conformance with the submission requirements of this IFB.

b) Cal Expo will evaluate each bid to determine its responsiveness to the published requirements.

c) Bids that contain false or misleading statements, or which provide references, which do not support an attribute or condition claimed by the bidder, may be rejected.

d) Award, if made, will be to the lowest responsive responsible bidder.

9. Award and Protest

a) Whenever an agreement is awarded under a procedure, which provides for competitive bidding, but the agreement is not to be awarded to the low bidder, the low bidder shall be notified by telegram, electronic facsimile transmission, overnight courier, or personal delivery five (5) working days prior to the award of the agreement.

b) Upon written request by any bidder, notice of the proposed award shall be posted in a public place in the office of the awarding agency at least five (5) working days prior to awarding the agreement.

c) If any bidder, prior to the award of agreement, files a written protest with the

Department of General Services, Office of Legal Services, 707 Third Street, 7th

Floor, Suite 7-330, West Sacramento, CA 95605 and Cal Expo on the grounds that the (protesting) bidder is the lowest responsive responsible bidder, the agreement shall not be awarded until either the protest has been withdrawn or the Department of General Services has decided the matter.

d) Within five (5) days after filing the initial protest, the protesting bidder shall file with the Department of General Services and Cal Expo a detailed written statement specifying the grounds for the protest. The written protest must be sent to the

Department of General Services, Office of Legal Services, 707 Third Street, 7 th

Floor, Suite 7-330, West Sacramento, California 95605. A copy of the detailed written statement should be mailed to Cal Expo. It is suggested that you submit any protest by certified or registered mail.

e) Upon resolution of the protest and award of the agreement, Contractor must complete and submit to Cal Expo the Payee Data Record (STD 204), to determine if the Contractor is subject to state income tax withholding pursuant to California

Revenue and Taxation Code Sections 18662 and 26131. This form can be found on the Internet at www.osp.dgs.ca.gov under the heading FORMS MANAGEMENT

CENTER. No payment shall be made unless a completed STD 204 has been returned to Cal Expo.

f) Upon resolution of the protest and award of the agreement, Contractor must sign and submit to Cal Expo page one (1) of the Contractor Certification Clauses

(CCC), which can be found on the Internet at www.dgs.ca.gov/contracts. This document is only required if the bidder has not submitted this form to Cal Expo within the last three (3) years.

10. Disposition of Bids

a) Upon bid opening, all documents submitted in response to this IFB will become the property of Cal Expo and will be regarded as public records under the California

Public Records Act (Government Code Section 6250 et seq.) and subject to review by the public.

b) Bid packages may be returned only at the bidder's expense, unless such expense is waived by Cal Expo.

11. Agreement Execution and Performance

a) Performance shall start not later than express date set by the awarding agency and the Contractor, after all approvals have been obtained and the agreement is fully executed. Should the Contractor fail to commence work at the agreed upon time, Cal Expo, upon five (5) days written notice to the Contractor, reserves the right to terminate the agreement. In addition, the Contractor shall be liable to Cal Expo for the difference between Contractor's bid price and the actual cost of performing work by the second lowest bidder or by another contractor.

b) All performance under the agreement shall be completed on or before the termination date of the agreement.

http://www.osp.dgs.ca.gov/ http://www.dgs.ca.gov/contracts

D. Preference Programs

This IFB includes the Small Business Preference. Complete information can be found at http://www.pd.dgs.ca.gov/smbus/sbcert.htm.

E. Required Attachments

Refer to the following pages for additional Required Attachments that are a part of this IFB.

http://www.pd.dgs.ca.gov/smbus/sbcert.htm

ATTACHMENT 1

BID/BIDDER CERTIFICATION SHEET

This Bid/Bidder Certification Sheet must be signed and returned along with all the "required attachments" as an entire package with original signatures. The bid must be transmitted in a sealed envelope in accordance with IFB instructions.

A. Place all required attachments behind this certification sheet.

B. The signature affixed hereon and dated certifies compliance with all the requirements of this bid document. The signature below authorizes the verification of this certification.

An Unsigned Bid/Bidder Certification Sheet May Be Cause For Rejection

1. Company Name 2. Telephone Number 2a. Fax Number

3. Address

Email Address:

Indicate your organization type:

4. Sole Proprietorship 5. Partnership 6. Corporation

Indicate the applicable employee and/or corporation number:

7. Federal Employee ID No. (FEIN) 8. California Corporation No.

9. Indicate applicable license and/or certification information:

10. Bidder’s Name (Print) 11. Title

12. Signature 13. Date

14. Are you certified with the Department of General Services, Office of Small Business Certification and Resources (OSBCR) as:

a. California Small Business

Yes No

If yes, enter certification number:

b. Disabled Veteran Business Enterprise Yes No

If yes, enter your service code below:

NOTE: A copy of your Certification is required to be included if either of the above items is checked “Yes”.

Date application was submitted to OSBCR, if an application is pending:

Completion Instructions for Bid/Bidder Certification Sheet

Complete the numbered items on the

Bid/Bidder Certification Sheet by following the instructions below.

Item

Numbers

Instructions

1, 2, 2a, 3 Must be completed. These items are self-explanatory.

Check if your firm is a sole proprietorship. A sole proprietorship is a form of business in which one person owns all the assets of the business in contrast to a partnership and corporation. The sole proprietor is solely liable for all the debts of the business.

Check if your firm is a partnership. A partnership is a voluntary agreement between two or more competent persons to place their money, effects, labor, and skill, or some or all of them in lawful commerce or business, with the understanding that there shall be a proportional sharing of the profits and losses between them. An association of two or more persons to carry on, as co-owners, a business for profit.

Check if your firm is a corporation. A corporation is an artificial person or legal entity created by or under the authority of the laws of a state or nation, composed, in some rare instances, of a single person and his successors, being the incumbents of a particular office, but ordinarily consisting of an association of numerous individuals.

7 Enter your federal employee tax identification number.

Enter your corporation number assigned by the California Secretary of State’s

Office. This information is used for checking if a corporation is in good standing and qualified to conduct business in California.

Complete, if applicable, by indicating the type of license and/or certification that your firm possesses and that is required for the type of services being procured.

10, 11, 12, 13

Must be completed. These items are self-explanatory.

If certified as a California Small Business, place a check in the "Yes" box, and enter your certification number on the line. If certified as a Disabled Veterans Business

Enterprise, place a check in the "Yes" box and enter your service code on the line.

If you are not certified to one or both, place a check in the "No" box. If your certification is pending, enter the date your application was submitted to OSBCR.

ATTACHMENT 2

COST SHEET

Name of Bidder _______________________________________________________________

Signature of Bidder: ___________________________________________________________

Bidder agrees to furnish all labor, materials, tools and equipment necessary to accomplish the work in accordance with the specifications herein for amounts as follows. Bids are based on services for the 2016 California State Fair only. If Cal Expo exercises its option to renew the contract for 2017, the same bid prices will apply.

Bid Amount for 2016 California State Fair $______________

Sample Standard Agreement

General Contract Provisions

General Terms and Conditions (GTC 610)

1. APPROVAL: This Agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. Contractor may not commence performance until such approval has been obtained.

2. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties.

3. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in whole or in part, without the consent of the State in the form of a formal written amendment.

4. AUDIT: Contractor agrees that the awarding department, the Department of General

Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. Contractor agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, Contractor agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896).

5. INDEMNIFICATION: Contractor agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Contractor in the performance of this Agreement.

6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement during any dispute.

7. TERMINATION FOR CAUSE: The State may terminate this Agreement and be relieved of any payments should the Contractor fail to perform the requirements of this Agreement at the time and in the manner herein provided. In the event of such termination the State may proceed with the work in any manner deemed proper by the State. All costs to the State shall be deducted from any sum due the Contractor under this Agreement and the balance, if any, shall be paid to the Contractor upon demand.

8. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of

Contractor, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the State.

9. RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty of perjury, the minimum, if not exact, percentage of post consumer material as defined in the

Public Contract Code Section 12200, in products, materials, goods, or supplies offered or sold to the State regardless of whether the product meets the requirements of Public Contract

Code Section 12209. With respect to printer or duplication cartridges that comply with the requirements of Section 12156(e), the certification required by this subdivision shall specify that the cartridges so comply (Pub. Contract Code §12205).

10. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Contractor and its subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (e.g., cancer), age (over 40), marital status, and denial of family care leave. Contractor and subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 (a-f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing

Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of

Division 4 of Title 2 of the California Code of Regulations, are incorporated into this

Agreement by reference and made a part hereof as if set forth in full. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.

Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement.

11. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES contained in the document CCC 307 are hereby incorporated by reference and made a part of this Agreement by this reference as if attached hereto.

12. TIMELINESS: Time is of the essence in this Agreement.

13. COMPENSATION: The consideration to be paid Contractor, as provided herein, shall be in compensation for all of Contractor's expenses incurred in the performance hereof, including travel, per diem, and taxes, unless otherwise expressly so provided.

14. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance with the laws of the State of California.

15. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies that if these services or goods are obtained by means of a competitive bid, the Contractor shall comply with the requirements of the Government Codes Sections set out below.

a. The Government Code Chapter on Antitrust claims contains the following definitions:

1) “Public purchase” means a purchase by means of competitive bids of goods, services, or materials by the State or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code.

2) "Public purchasing body" means the State or the subdivision or agency making a public purchase. Government Code Section 4550.

b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C.

Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of

Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. Government Code Section 4552.

c. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code Section 4553.

d. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and

(a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. See Government Code Section 4554.

16. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of $100,000, the contractor acknowledges in accordance with Public Contract Code 7110, that:

a. The contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and

b. The contractor, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development

Department.

17. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby.

18. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess of

$200,000, the Contractor shall give priority consideration in filling vacancies in positions funded by the Contract to qualified recipients of aid under Welfare and Institutions Code

Section 11200 in accordance with Pub. Contract Code §10353.

19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING

REQUIREMENTS:

a. If for this Contract, Contractor made a commitment to achieve small business participation, then Contractor must within 60 days of receiving final payment under this

Contract (or within such other time period as may be specified elsewhere in this

Contract) report to the awarding department the actual percentage of small business participation that was achieved. (Govt. Code § 14841.)

b. If for this Contract, Contractor made a commitment to achieve disabled veteran business enterprise (DVBE) participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) certify in a report to the awarding department: (1) the total amount the prime Contractor received under the Contract; (2) the name and address of the DVBE(s) that participated in the performance of the Contract; (3) the amount each DVBE received from the prime Contractor; (4) that all payments under the

Contract have been made to the DVBE; and (5) the actual percentage of DVBE participation that was achieved. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation. (Mil. & Vets. Code §

999.5(d); Govt. Code § 14841.)

20. LOSS LEADER: If this Contract involves the furnishing of equipment, materials, or supplies then the following statement is incorporated: It is unlawful for any person engaged in business within this state to sell or use any article or product as a “loss leader” as defined in Section 17030 of the Business and Professions Code. (PCC 10344(e).)

Special Terms and Conditions

1. GENERAL LIABILITY INSURANCE: At all times Contractor shall maintain at its own cost and expense commercial general liability insurance coverage with minimum limits of at least $1,000,000 per occurrence combined single limit for bodily injury and property damage and cover damages for bodily injury, property damage, personal injury liability, and products and completed operations liability. The general liability insurance coverage shall include the following provisions:

a. State of California, California Exposition & State Fair, its agents, officers, directors and employees are made additional insured but only insofar as the operations under this agreement are concerned.

b. Cal Expo shall not be responsible for the payment of any premiums or assessments on the policy.

c. Contractor shall submit insurance certificates to Cal Expo for approval by appropriate agencies prior to the commencement of operation on the premises. At least thirty (30) days prior to the expiration of any policy, a new insurance certificate with renewal information shall be filed with Cal Expo. Contractor shall furnish Cal Expo a certified copy of the policy within ten (10) days upon request.

d. Certificate of Insurance and/or policy must cover for the term of the agreement including the period described as set-up and clean-up period, if any.

e. Contractor agrees that the liability insurance herein provided shall be in effect at all times during the term of this agreement. In the event said insurance coverage expires at any time or times during the term of this agreement, Contractor agrees to provide the

California Exposition & State Fair, PO Box 15649, Sacramento, CA 95852, a new certificate of insurance evidencing insurance coverage as provided for herein for not less than one year or the remainder of the term of this agreement. New Certificates of

Insurance are subject to the approval of the California Exposition & State Fair and

Contractor agrees that no activity by Contractor contemplated by this agreement be performed after the insurance expires and prior to the giving of such approval. In the event Contractor fails to keep in effect at all times during the term of this agreement the insurance coverage as herein provided, Cal Expo may, in addition to any other remedies it may have, terminate this agreement upon the occurrence of such event.

2. WORKERS’ COMPENSATION INSURANCE: Contractor certifies and is aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and Contractor affirms to comply with such provisions before commencing the performance of the work of this Agreement.

3. PROPERTY INSURANCE: At all times Contractor shall maintain at its own cost and expense all-risk property insurance coverage on the buildings, improvements, fixtures, furnishings, equipment and all other personal property, including supplies of the Contractor on the premises, on replacement of the property in event of loss.

4. AUTOMOBILE LIABILITY INSURANCE: At all times Contractor shall maintain at its own cost and expense automobile liability insurance coverage with limits not less than

$1,000,000 combined single limit per accident.

5. DAMAGE TO EQUIPMENT: Cal Expo does not have responsibility for loss or damage to

Contractor’s property arising from causes beyond the control of Cal Expo.

6. MEGAN’S LAW: Prior to start of work, Contractor shall provide Cal Expo with a list of all individuals, including any subcontractors, ages 18 and over who have access to the Cal Expo premises by completing Cal Expo’s Megan’s Law Form. All such individuals will be checked by Cal Expo’s authorized through the California Department of Justice Megan’s

Law Sex Offenders file.