IFB-Theatrical_Lighting-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

THEATRICAL LIGHTING – CONCERT STAGE

CSF-16-1095

April 12, 2016

You are invited to review and respond to this Invitation for Bid (IFB), entitled Theatrical Lighting – Concert Stage, #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.

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

Theatrical Lighting – Concert Stage, #CSF-16-1095

A. Purpose and Description of Services

The California State Fair is a large scale 17-day, multi-faceted, family oriented event featuring an array of entertainment options and special attractions.

Contractor will install, maintain, and operate theatrical lighting, on a rental basis, for the concert stage at the California State Fair.

Bid prices must include rental fees, labor, and maintenance including repair, refocusing, or replacement of lamps. NOTE: Load-in and load-out labor for equipment will be provided by Cal Expo.

Cal Expo reserves the right to reduce, substitute, or in any other way revise theatrical lighting when deemed appropriate. Any significant change may result in a modification of the contract price.

Bids must be accompanied by a complete list of equipment to be used plus a description of the proposed method of installation.

Contractor will provide complete and adequate lighting to the satisfaction of Cal Expo. The specifications that follow are intended as general guidelines. Variations from the equipment lists may be required with no change in the contract amount unless said variation results in a significant change in equipment requested.

Specifications

1. The bid amount must include all equipment required to complete the venue, including but not limited to dimming and control, cable, rigging, power distribution, instruments and perishables, and all other expenses.

2. There can be no patron accessibility to equipment; no interference with walkways, crossovers, exits, or fire lanes; and all equipment must have safety cable wherever possible.

3. Only minimal intrusion of sightlines is acceptable.

4. Control boards must be in lockable/moveable cases located at the sound mixing console at the venue, unless otherwise noted.

5. Contractor is responsible for providing all equipment required for installation, load-in, load-out, and maintenance of lighting equipment.

6. Contractor’s representative is required to be on-site for installation, load-in, load-out, and maintenance of lighting equipment. Cal Expo will provide personnel for load-in and load-out.

7. Contractor is required to provide one (1) technician for each day of the Fair and additional technicians on big show days. The technician(s) must be on-site and available to assist during the show call hours of operation.

8. All equipment must bear company identification without exception.

9. Contractor is required to supply Cal Expo with a detailed inventory of equipment used on-site including identification or serial numbers.

10. The dates for the 2016 California State Fair are July 8 through July 24, 2016. California

State Fair hours are: 10:00 AM until 12:00 midnight Friday through Sunday; and 11:00

AM until 11:00 PM Monday through Thursday. Dates and hours for future years will be similar.

11. Load-in: Load-in of all light equipment must begin no later than two (2) days prior to opening day of the Fair. All equipment must be ready for use no later than 8:00 AM on the first day of the Fair.

12. Load-out: All equipment may begin load-out after the Fair closes on the last day of the

Fair and must be completed by 5:00 PM on the first (1 st ) day after closing day.

13. Equipment: The stage is used to showcase local, regional, and national artists. Hours of operation are approximately 12:00 noon until 10:00 PM every day that the Fair is open. Shows are scheduled on the stage for all 17 days of the 2016 Fair (schedule is subject to change). Most concerts are scheduled to begin at 7:30 PM and conclude at or before 9:30 PM; however, there may be some concerts during the daytime. Cal Expo’s production manager will determine the final schedule. One of the two technicians as noted below are required only during these concerts. (On days when there are not any big shows, only one (1) technician is required.)

a) Rigging

1) The system must be flown from the stage roof, which is a structural, load-bearing roof.

2) Contractor will provide all rigging for their system. This will include, but not limited to, the following: rigging labor; all necessary one-ton chain motors;

motor cables; motor distribution and controller; all steel; shackles; spansets;

rigging ropes; and block and falls for cable picks (if necessary). Fall protection must be included with this system for technician(s).

b) Configuration

1) Stage dimensions are 48 feet wide by 40 feet deep, with a trim height of 28 feet to the low steel.

2) Basic configuration of the system must be as follows:

(a) Three (3) 40’ box truss hang positions (upstage, midstage, and downstage); upstage and downstage 24” box truss. All trusses should be minimum 20” provided truss is appropriately rated for weight requirements of installed equipment. OSHA approved fall arrest equipment packages are required for the upstage and downstage positions.

(b) One (1) suspended soft goods position suspended directly behind the upstage truss position to support talent-provided soft goods.

(c) One (1) 80% UV blocking shade cloth rigged upstage to provide stage shade (40’ x 24’). *If backdrop is dead hung from roof – stage engineer must approve.

(d) (1) 12”x12” x40’ truss with 80% UV blocking shade cloth including all rigging, motors, cables,- rigged stage left to provide stage shade (40’x24’ shade cloth)

3) All truss sections must be loaded to the maximum complement of instruments.

System should include a minimum of 200 instruments, the large majority (120

– 60 front and 60 back) of which must be Par 64 fixtures (preferably brushed or polished aluminum) with 1 KW lamps. System shall also include a full complement of lekos, and 3 ACLs.

4) In addition to conventional lighting, the Contractor will provide:

(a) Eight (8) moving head hard edge automated lighting fixtures (VL2500

Spot or equivalent) with stock gobos; eight (8) moving head soft edge ash fixtures with color mixing and zoom capability (Martin MAC AURA

LED Wash or equivalent); and six (6) Martin Atomic 3000, DMS controllable strobe fixtures of at least 250,000 lumens each All fixtures must be in 100% working condition and must be maintained throughout the duration of the Fair.

(b) LED truss toners for downstage vertical roof truss and six (6) front of house columns (Philips ColorBlast or equivalent). These should be able to be controlled from the light board.

(c) One (1) DF-50 professional haze machine.

c) Controller

1) Provide a digital programmable lighting control console (grandMA or equivalent).

2) Control snake must be at least 300’ and must have at least two (2) DMX lines with at least three (3) XLR or the equivalent thereof.

3) Multi-cable must be long enough to reach off stage where dimmers are placed, approximately 50 feet.

d) Dimming

1) Dimmers must be 96 channel x 2.4k and be of the highest quality and in excellent condition, and must be capable of handling, with flexibility, all possible requirements dictated by the system (Sensor or equivalent).

Patching facilities must be of the same high quality.

e) Power Distribution

1) 100 feet of main feeder cable (x 5 = 500’), which meets all applicable

CAL/OSHA requirements, as well as all applicable electrical codes, is required.

2) All necessary hardware and cable (lugs and tails) for main electrical service tie-in are required.

3) Any and all necessary disconnects, distribution panels, etc., are required.

f) Spotlights

1) Two (2) Xenon Super Trouper spotlights (or equivalent), with AC cords and gel packs, are required. Required throw will be approximately 150 feet.

2) NOTE: Qualified spotlight operators will be supplied by Cal Expo; do not include them in your labor/personnel considerations.

g) Intercom: Five (5) stations of Clear Com (i.e., 2 house spots, 1 house board, 1 dimmer rack, 1 stage manager) with all necessary cabling, belt packs and headsets are required.

h) Miscellaneous Lighting (included in 200 fixture count)

1) Two (2) Thomas 8-light, audience lights, (or equivalent)

2) Work lights for stage, four (4) scoop lights.

3) Stair safety lights, four (4) Par 56’s.

4) Loading dock/ramp, four (4) Par 64’s.

5) Walkway area, four (4) Par 64’s.

6) All necessary pin cable, Edison to pin adapters, large supply of extension cords, clamps, gels, etc.

7) Shade support uplighting.

i) Personnel Provided by Contractor

1) A minimum of two (2) qualified, competent technicians/operators must be provided to set-up, rig, focus, operate and strike the system. One of the operators must be dedicated to the venue during each of the scheduled concerts.

2) Technicians must also be available at all times for technical, operational or supervisory assistance.

3) Technicians must be present for the initial lighting set-up during all open days of the State Fair and the final lighting strike.

4) Technicians must be present each day when the artist arrives and will remain on-site through the strike of each day’s or night’s concert. Production manager will set ALL call times. Average call is 12 hours.

5) Technicians will be on call to operate house board in cases where the act does not bring its own lighting director.

6) Technicians will be required to assist in load-out, re-hanging, and re-gelling of system whenever the visiting artist’s production services are used.

7) There are to be no more than two (2) different technicians throughout the run of the State Fair.

8) When necessary on non-concert days, the technicians will reset the lights for use during performance of local and regional artists scheduled. Schedules to be determined and will be provided to contractor in a timely manner.

9) Technicians are to be uniformed in appropriate, professional attire.

10) The personnel will conduct themselves in a thoroughly professional manner at all times.

11) In the event that Contractor’s on-site personnel do not meet Cal Expo’s performance standards, Contractor agrees to immediately replace those personnel at the request of Cal Expo’s representative.

j) Maintenance

1) The system must be loaded in, set up and checked out to the mutual satisfaction of the Contractor and Cal Expo’s Production Manager two (2) days prior to opening day of the State Fair. The final strike date will be mutually agreed upon.

2) Contractor will provide all necessary gel color, frames, replacement lamps/bulbs, etc., to keep the system operating at maximum potential.

3) Contractor will provide prompt repair or replacement of any faulty equipment.

14. Term: Term of this agreement is July 1, 2016, through July 29, 2016. Cal Expo may, at its sole discretion, extend this agreement for similar dates in 2017 at the same bid price.

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

B. Minimum Qualifications for Bidders

1. Bidding firm must have a minimum of five (5) years of experience providing entertainment lighting services for large fairs, music festivals, or equivalent venues.

2. Bidder must have qualified personnel, to fulfill the technician services for this agreement, with a minimum of three (3) years experience providing this service at a facility similar to the California State Fair, i.e., large fairs, music festivals, or equivalent venues.

3. Bidder’s equipment must meet Cal Expo’s quality standards and must be less than five

(5) years old and in good working order.

4. Bidder must submit three references. References must provide assurance of bidder’s attention to timeliness and other details, adequacy of lighting, and overall successful performance. References received by Cal Expo that are not favorable may be cause for the bid to be rejected.

C. Bid Requirements and Information

1. Key Action Dates

Event Date

Final Date for Bid Submission April 27, 2016, 2:00 PM

Proposed Award Date April 28, 2016

2. Minimum Qualifications Certification: Bidder must complete the Minimum

Qualifications Certification (Attachment 2) certifying that the bidder satisfies all minimum qualifications and requirements. Failure to certify satisfaction may result in the rejection of the bid.

3. 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

THEATRICAL LIGHTING – CONCERT STAGE

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.

4. 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.

5. 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.

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

6. 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.

7. 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.

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

MINIMUM QUALIFICATIONS CERTIFICATION

The bidder must meet the following minimum qualifications, to Cal Expo’s satisfaction, to be given further consideration for a contract award. The bidder must certify, in writing, by signing this certification that the firm meets the applicable minimum qualifications. Failure to satisfy the minimum qualifications, based on Cal Expo’s sole judgment, will result in the immediate rejection of the bid.

1. Bidding firm must have a minimum of five (5) years of experience providing entertainment lighting services for large fairs, music festivals, or equivalent venues.

2. Bidder must have qualified personnel, to fulfill the technician services for this agreement, with a minimum of three (3) years experience providing this service at a facility similar to the California State Fair, i.e., large fairs, music festivals, or equivalent venues.

3. Bidder’s equipment must meet Cal Expo’s quality standards and must be less than five (5) years old and in good working order.

4. Bidder must submit three references. References must provide assurance of bidder’s attention to timeliness and other details, adequacy of lighting, and overall successful performance. References received by Cal Expo that are not favorable may be cause for the bid to be rejected.

Name of Firm

Bidder’s Authorized Signature Printed Name

Title Date

ATTACHMENT 3

BIDDER REFERENCES

Submission of this attachment is mandatory. Failure to complete and return this attachment with your bid will cause your bid to be rejected and deemed non-responsive.

List below three references for services performed within the last five years, which are similar to the scope of work to be performed in this agreement.

REFERENCE 1

Street Address City State Zip Code

Contact Person Telephone Number

Dates of Service Value or Cost of Service

Brief Description of Service Provided

REFERENCE 2

Street Address City State Zip Code

Contact Person Telephone Number

REFERENCE 3

Street Address City State Zip Code

Contact Person Telephone Number

ATTACHMENT 4

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 the amount indicated below. By signing this Cost Sheet, bidder certifies that it has available the equipment required for this agreement and bid amount is for that specific equipment. Bids are based on services for the 2016 California

State Fair only. If Cal Expo exercises its option to extend the contract for 2017 and 2018, the same bid prices will apply.

Location Bid Amount

Concert Stage $

NOTE: Bid amount includes all expenses related to completing the work described in this IFB.

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 that it 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. POTENTIAL SUBCONTRACTORS: Nothing contained in this agreement or otherwise shall create any contractual relation between Cal Expo and any subcontractors, and no subcontract shall relieve the Contractor of his responsibilities and obligations hereunder.

The Contractor agrees to be as fully responsible to Cal Expo for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Contractor. The Contractor’s obligation to pay its subcontractors is an independent obligation from Cal Expo’s obligation to make payments to the Contractor. As a result, Cal Expo shall have no obligation to pay or to enforce the payment of any moneys to any subcontractor.

6. 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.

7. 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 representative through the California Department of

Justice Megan’s Law Sex Offenders file.