AGR-7425 - ITS ONLY TEMPORARY INCPGR-'745
PROFESSIONAL SERVICES AGREEMENT
Holiday Lighting Electrical Infrastructure Installation Services]
THIS PROFESSIONAL SERVICES AGREEMENT (the "Agreement") is made at
Orange, California, on this 27 day of October 2022 (the "Effective Date") by and
between the CITY OF ORANGE, a municipal corporation ("City"), and IT'S ONLY
TEMPORARY,INC., a California corporation ("Contractor"),who agree as follows:
1. Services. Subject to the terms and conditions set forth in this Agreement,
Contractor shall provide to the reasonable satisfaction of City the services set forth in Exhibit"A,"
which is attached hereto and incorporated herein by reference. As a material inducement to City
to enter into this Agreement,Contractor represents and warrants that it has thoroughly investigated
and.considered the scope of services and fully understands the difficulties and restrictions in
performing the work. The services which are the subject of this Agreement are not in the usual
course of City's business and City relies on Contractor's representation that it is independently
engaged in the business of providing such services and is experienced in performing the work.
Contractor shall perform all services in a manner reasonably satisfactory to City and in a manner
in conformance with the standards of quality normally observed by an entity provided such
services to a municipal agency. All services provided shall conform to all federal, state and local
laws, rules and regulations and to the best professional standards and practices. The terms and
conditions set forth in this Agreement shall control over any terms and conditions in Exhibit "A"
to the contrary.
Paul Miller("City's Project Manager") shall be the person to whom Contractor will report,
for.the performance of services hereunder. It is understood that Contractor's performance
hereunder shall be under the supervision of City's Project Manager(or designee), that Contractor
shall coordinate its services hereunder with City's Project Manager to the extent required by City's
Project Manager, and.that all performances required hereunder by Contractor shall be performed
to the satisfaction of City's Project Manager and the City Manager.
2. Compensation and Fees.
a. Contractor's total compensation for all services performed under this
Agreement, shall not exceed SIXTEEN THOUSAND ONE HUNDRED TWENTY-FIVE
DOLLARS and'00/100 ($16,125.00)without the prior written authorization of City.
b. The above compensation shall include all costs, including, but not limited
to, all clerical,administrative, overhead, insurance, reproduction, telephone, travel, auto rental,
subsistence and all related expenses.
c. In addition to the scheduled services to be performed by the Contractor,the
parties recognize that additional, unforeseen work and services may be required by City's Project
Manager. In anticipation of such contingencies, the sum of ONE THOUSAND SIX HUNDRED
TWELVE DOLLARS and 50/100 ($1,612.50) has been added to the total compensation of this
Agreement. City's Project Manager may approve the additional work and the actual costs incurred
by the Contractor in performance of additional work or services in accordance with such amount
as City's Project Manager and the Contractor may agree upon in advance. Said additional work
or services and the amount of compensation therefor, up to the amount of the authorized
contingency, shall be memorialized in the form of an Amendment to Agreement approved by the
City Manager on a form acceptable to the-City Attorney. The Contractor agrees to perform only
that work or those services that are specifically requested by the City's Project Manager. Any and
all additional work and services performed under this Agreement shall be completed in such
sequence as to assure their completion as expeditiously as is consistent with professional skill and
care in accordance with a cost estimate or proposal submitted to and approved by City's Project
Manager prior to the commencement of such services.
d. The total amount of compensation 'under" this Agreement, including
contingencies, shall not exceed SEVENTEEN THOUSAND SEVEN HUNDRED THIRTY-
SEVEN DOLLARS and 50/100 ($17,737.50).
i3. Payment.
a. As scheduled services are completed, Contractor shall submit to City an
invoice for the services completed, authorized expenses'and authorized extra work actually
performed or incurred. -
b. All such invoices shall state the basis for the amount invoiced, including
services completed,the number of hours spent and any extra work performed.
c., City will pay Contractor the amount invoiced within thirty (30) days after
the approval of the invoice.
d. Payment shall constitute payment in full for all services, authorized costs
and authorized extra work covered by that invoice.
4. Change Orders. No payment for extra services caused by a change in the scope
or complexity of work, or for any other reason, shall be made unless and until such extra services
and a price therefor have been previously authorized in writing and approved by City as an
amendment to this Agreement. City's Project Manager is authorized to approve a reduction in the
services to be performed and compensation therefor. All amendments shall set forth the changes
of work,extension of time,and/or adjustment of the compensation to be paid by City to Contractor
and shall be signed by the City's Project Manager, City Manager or City Council, as applicable.
5. Licenses. Contractor represents that it and any subcontractors it may engage,
possess any and all licenses which are required under state or federal law to perform the work
contemplated by this Agreement and that Contractor and its subcontractors shall maintain all
appropriate licenses, including a City of Orange business license, at its cost, during the
performance of this Agreement.
6: Independent• Contractor: At all times during the term of this Agreement,
Contractor shall be an independent contractor and not an employee of City. City shall have the
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right to control Contractor only insofar as the result of Contractor's services rendered pursuant to
this Agreement. City shall not have the right to control the means by which Contractor
accomplishes services rendered pursuant to this Agreement. Contractor shall, at its sole cost and
expense, furnish all facilities, materials and equipment which may be required for furnishing
services pursuant to this Agreement. Contractor shall be solely responsible for, and shall
indemnify, defend and save City harmless from all matters relating to the payment of its
subcontractors, agents and employees, including compliance with social security withholding and
all other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever.
Contractor acknowledges that it and any subcontractors, agents or employees employed by
Contractor shall not,under any circumstances,be considered employees of City,and that they shall
not be entitled to any of the benefits or rights afforded employees of City, including,but not limited
to, sick leave, vacation leave, holiday pay, Public Employees Retirement System benefits, or
health, life, dental, long-term disability or workers' compensation insurance benefits.
7. Contractor Not Agent. Except as City may specify in writing, Contractor shall
have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an
agent. Contractor shall have no authority, express or implied, to bind City to any obligation
whatsoever.
8.' Designated Persons. Only those qualified persons authorized by City's Project
Manager, or as designated in Exhibit"A,"shall perform work provided for under this Agreement.
It is understood by the parties that clerical and other nonprofessional work may be performed by
persons other than those designated.
9. Assignment or Subcontracting. No assignment or subcontracting by Contractor
of any part of this Agreement or of funds to be received under this Agreement shall be of any force
or effect unless the assignment has the prior written approval of City. City may terminate this
Agreement rather than accept any proposed assignment or subcontracting. Such assignment or
subcontracting may be approved by the City's Project Manager or designee.
10. Time of Completion. Except as otherwise specified in Exhibit "A," Contractor
shall commence the work provided for in this Agreement within five(5)days of the Effective Date
of this Agreement and diligently prosecute completion of the work.
11. Time Is of the Essence. Time is of the essence in this Agreement. Contractor shall
do all things necessary and incidental to the prosecution of Contractor's work.
12. Reserved.
13. Delays and Extensions of Time. Contractor's sole remedy for delays outside its
control, other than those delays caused by City, shall be an extension of time. No matter what the
cause of the delay,Contractor must document any delay and request an extension of time in writing
at the time of the delay to the satisfaction of City. Any extensions granted shall be limited to the
length of the delay outside Contractor's control. If Contractor believes that delays caused by City
will cause it to incur additional costs, it must specify, in writing, why the delay has caused
additional costs to be incurred and the exact amount of such cost at the time the delay occurs. No
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additional costs can,be paid that exceed the not to exceed amount stated in Section 2.a, above,
absent a written amendment to this Agreement.
14. Products of Contractor. The documents, studies, evaluations, assessments,
reports,plans, citations, materials,manuals,technical data, logs, files, designs and other products
produced or provided by Contractor for this r ement shall become the property of City upon
receipt. Contractor shall deliver all such proucteto City prior to payment for same. City may
use,reuse or otherwise utilize such products without restriction.
15. Equal Employment Opportunity. During the performance of this Agreement,
Contractor agrees as follows:
a. Contractor shall not discriminate against any employee or applicant for
employment because of race, color, religion, sex, national origin, mental or physical disability, or
any other basis prohibited by applicable law. Contractor shall ensure that applicants are employed,
and that employees are treated during employment, without regard to their race, color, religion,
sex, national origin,mental or physical disability, or any other basis prohibited by applicable law.
Such actions shall include,but not be limited to the following: employment,upgrading, demotion
or transfer,recruitment or recruitment advertising,layoff or termination,rates of pay or other forms
of compensation and selection for training, including apprenticeship. Contractor agrees to post in
conspicuous places, available to employees and applicants for employment, a notice setting forth
provisions of this non-discrimination clause.
b. Contractor shall, in all solicitations and advertisements for employees
placed by, or on behalf of Contractor, state that all qualified applicants will receive consideration
for employment without regard to race, color, religion, sex, national origin, mental or physical
disability, or any other basis prohibited by applicable law.
c. Contractor shall cause the foregoing paragraphs(a)and(b)to be inserted in
all subcontracts for any work covered by this Agreement, provided that the foregoing provisions
shall not apply to subcontracts for standard commercial supplies or raw materials.
16. Conflicts of Interest. Contractor agrees that it shall not make, participate in the
making, or in any way attempt to use its position as a consultant to influence any decision of City
in which Contractor knows or has reason to know that Contractor, its officers, partners, or
employees have a financial interest as defined in Section 87103 of the Government Code.
17. Indemnity.
a. To the fullest extent permitted by law, Contractor agrees to indemnify,
defend and hold City, its City Council and each member thereof, and the officers, officials, agents
and employees of City (collectively the"Indemnitees") entirely harmless from all liability arising
out of:
1) Any and all claims under workers' compensation acts and other
employee benefit acts with respect to Contractor's employees or Contractor's subcontractor's
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employees arising out of Contractor's work under this Agreement, including any and all claims
under any law pertaining to Contractor or its employees' status as an independent contractor and
any and all claims under Labor Code section 1720 related to the payment of prevailing wages for
public works projects; and
2) Any claim, loss, injury to or death of persons or damage to property
caused by any act, neglect, default, or omfM8P86ther than a professional act or omission of
Contractor, or person, firm or corporation employed by Contractor, either directly or by
independent contract, including all damages due to loss or theft sustained by any person, firm or
corporation including the Indemnitees, or any of them, arising out of, or in any way connected
with the work or services which are the subject of this Agreement, including injury or damage
either on or off City's property;but not for any loss, injury, death or damage caused by the active
negligence or willful misconduct of City. Contractor, at its own expense, cost and risk, shall
indemnify any and all claims, actions, suits or other proceedings that may be brought or instituted
against the Indemnitees on any such claim or liability covered by this subparagraph, and shall pay
or satisfy any judgment that may be rendered against the Indemnitees, or any of them, in any
action, suit or other proceedings as a result of coverage under this subparagraph.
b. Reserved.
c. Except for the Indemnitees,. the indemnifications provided in this
Agreement shall not be construed to extend any third party indemnification rights of any kind to
any person or entity which is not a signatory to this Agreement.
d. The indemnities set forth in this section shall survive any closing,
rescission, or termination of this Agreement, and shall continue to be binding and in full force and
effect in perpetuity with respect to Contractor and its successors.
18. Insurance.
a. Contractor shall carry workers' compensation insurance as required by law
for the protection of its employees during the progress of the,work. Contractor understands that it
is an independent contractor and not entitled to any workers' compensation benefits under any
City program.
b. Contractor shall maintain during the life of this Agreement the following_
minimum amount of comprehensive general liability insurance or commercial general liability
insurance: the greater of One Million Dollars ($1,000,000.00)per occurrence.
c. Contractor shall maintain during the life of this Agreement, the following
minimum amount of automotive liability insurance:the greater of a combined single limit of One
Million Dollars ($1,000,000.00).
d. Any insurance proceeds in excess of or broader than the minimum required
coverage and/or minimum required limits which are applicable to a given loss shall be available
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to City. No representation is made that the minimum insurance requirements of this Agreement
are sufficient to.cover the obligations of Contractor under this Agreement.
e. Each policy of general liability and automotive liability shall provide that
City, its officers, officials, agents, and employees are declared to be additional insureds under the
terms of the policy, but only with respect to the work performed by Contractor under this
Agreement. A policy endorsement to that effect shall be provided to City along with the certificate
of insurance. In lieu of an endorsement, City will accept a.copy of the policy(ies)which evidences
that City is an additional insured as a contracting party. The minimum coverage required by
Subsection 1 8.b and c, above, shall apply to City as an additional insured. Any umbrella liability
insurance that is provided as part of the general or automobile liability minimums set forth below
shall be maintained for the duration of the Agreement.
f.Reserved.
g. The insurance policies maintained by Contractor shall be primary insurance
and no insurance held or owned by City shall be called upon to cover any loss under the policy.,
Contractor will determine its own needs in procurement of insurance to cover liabilities other than
as stated above.
h. Before Contractor performs any work or prepares or delivers any materials,
Contractor shall furnish certificates of insurance and endorsements, as required by City,
evidencing the aforementioned minimum insurance coverages on forms acceptable to City,which
shall provide that the insurance in force will not be canceled or allowed to lapse without at least
ten(10) days' prior written notice to City.
i.Except for professional liability insurance coverage that may be required by
this Agreement, all insurance maintained by Contractor shall be issued by companies admitted to
conduct the pertinent line of insurance business in California and having a rating of Grade A or
better and Class VII or better by the latest edition of Best Key Rating Guide. In the case•'of
professional liability insurance coverage, such coverage shall be issued by companies either
licensed or admitted to conduct business in California so long as such insurer possesses the
aforementioned Best rating.
j Contractor shall immediately notify City if any required insurance lapses or
is otherwise modified and cease performance of this Agreement unless otherwise directed by City.
In such a case, City may procure insurance or self-insure the risk and charge Contractor for such
costs and any and all damages resulting therefrom, by, way of set-off'from any sums owed
Contractor.
k. Contractor agrees that in the event of loss due to any of the perils for which
it has agreed to provide insurance, Contractor shall look solely to its insurance for recovery.
Contractor hereby grants to City, on behalf of any insurer providing insurance to either Contractor
or City with respect to the services of Contractor herein,a waiver of any right to subrogation which
any such insurer may acquire against City by virtue of the payment of any loss under such
insurance.
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I.Contractor shall include all subcontractors, if any, as insureds under its
policies or shall furnish separate certificates and endorsements for each subcontractor to City for
review and approval. All coverages for subcontractors shall be subject to all of the requirements-
stated herein.
19. Termination. City may for any reason terminate this Agreement by giving
Contractor not less than five (5) days' written notice of intent to terminate. Upon receipt of such
notice, Contractor shall immediately cease work, unless the notice from City provides otherwise.
Upon the termination of this Agreement, City shall pay Contractor for services satisfactorily
provided arid all allowable reimbursements incurred to the date of termination in compliance with
this Agreement, unless termination by City shall be for cause, in which event City may withhold
any disputed compensation. City shall not be liable for any claim of lost profits.
20. Maintenance and Inspection of Records. In accordance with generally accepted
accounting principles, Contractor and its subcontractors shall maintain reasonably full and
complete books, documents, papers, accounting records, and other information (collectively, the
records")pertaining to the costs of and completion of services performed under this Agreement.
City and its authorized representatives shall have access to and the right to audit and reproduce
any of Contractor's records regarding the services provided under this Agreement. Contractor shall
maintain all such records for a period of at least three (3)years after termination or completion of
this Agreement. Contractor agrees to make available all such records for inspection or audit at its
offices during normal business hours'and upon three(3)days' notice from City,and copies thereof
shall be furnished if requested.
21. Compliance with all Laws/Immigration Laws.
a. (. Contractor shall be knowledgeable of and comply with all local, state and --
federal laws which may apply to the performance of this Agreement.
b. If The work provided for in this Agreement constitutes a"public works," as
that term is defined in Section 1720 of the California Labor Code,for which prevailing wages must
be paid, to the extent Contractor's employees will perform any work that falls within any of the
classifications for which the Department of Labor Relations of the State of California promulgates
prevailing wage determinations, Contractor hereby agrees that it, and any subcontractor under it,
shall pay not less than the specified prevailing(rates of wages to all such workers. The general
prevailing.wage determinations for crafts can be located on the website of the Department of
Industrial Relations (www.dir.ca.gov/DLSR). Additionally, to perform work under this
Agreement,Contractor must meet all State registration requirements and criteria,including project
compliance monitoring.
c. Contractor represents and warrants that Contractor:
1) Has complied and shall'at all time during the term of this
Agreement comply, in all respects, with all immigration laws, regulations,statutes, rules, codes,
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and orders, including, without limitation, the Immigration Reform and Control Act of 1986
IRCA); and
2) Has not and will not knowingly employ any individual to perform
services under this Agreement who is ineligible to work in the United States or under the terms of
this Agreement; and
3) Has properly maintained, and shall at all times during the term of
this Agreement properly maintain, all related employment documentation records including,
without limitation, the completion and maintenance of the Form I-9 for each of Contractor's
employees; and
4) Has responded, and shall at all times during the term of this
Agreement respond, in a timely fashion to any government inspection requests relating to
immigration law compliance and/or Form 1-9 compliance and/or worksite enforcement by the
Department of Homeland Security, the Department of Labor, or the Social Security
Administration.
d. Contractor shall require all subcontractors or subconsultants to make the
same representations and warranties as set forth in Subsection 21.c.
e.Contractor shall, upon request of City, provide a list of all employees
working under this Agreement and shall provide,to the reasonable satisfaction of City,verification
that all such employees are eligible to work in the United States. All costs associated with such
verification shall be borne by Contractor. Once such request has been made, Contractor may not
change employees working under this Agreement without written notice to City, accompanied by
the verification required herein for such employees.
f.Contractor shall require all subcontractors or sub-consultants to make the
same verification as set forth in Subsection 21.e.
g. If Contractor or subcontractor knowingly employs an employee providing
work under this Agreement who is not authorized to work in the United States, and/or fails to
follow federal laws to determine the status of such employee,that shall constitute a material breach
of this Agreement and may be cause for immediate termination of this Agreement by City.
h. Contractor agrees to indemnify and hold City, its officers, officials, agents
and employees harmless for, of and from any loss, including but not limited to fines,penalties and
corrective measures City may sustain by reason of Contractor's failure to comply with said laws,
rules and regulations in connection with the performance of this Agreement.
22. Governing Law and Venue. This Agreement shall be construed in accordance
with and governed by the laws of the State of California and Contractor agrees to submit to the
jurisdiction of California courts. Venue for any dispute arising under this Agreement shall be in
Orange County, California.
23. Integration. This Agreement constitutes the entire agreement of the parties. No
other agreement,oral or written,pertaining to the work to be performed under this Agreement shall
be of any force or effect unless it is in writing and signed by both parties. Any work performed
which is inconsistent with or in violation of the provisions of this Agreement, shall not be
compensated.
24. Notice. Except as otherwise provided herein, all notices required under this
Agreement shall be in writing and delivered personally, by e-mail, or by first class U.S. mail,
postage prepaid, to each party at the address listed below. Either party may change the notice
address by notifying the other party in writing. Notices shall be deemed received upon receipt of
same or within three (3) days of deposit in the U.S. Mail,whichever is earlier. Notices sent by e-
mail shall be deemed received on the date of the e-mail transmission.
CONTRACTOR" CITY"
It's Only Temporary, Inc. City of Orange
370 E Jeremiah Dr. 300 E. Chapman Avenue
Simi Valley CA, 93065 Orange, CA 92866-1591
Attn.: Jim Jennings Attn.: Paul Miller
Telephone: 805-368-5602 Telephone: 714-532-6472
E-Mail: itsonlytemp@gmail.com E-Mail: pmiller@cityoforange.org
25. Counterparts. This Agreement may be executed in one or more counterparts,each
of which shall be deemed an original, but all of which together shall constitute one and the same
instrument. Signatures transmitted via facsimile and electronic mail shall have the same effect as
original signatures.
Remainder of page intentionally left blank; signatures on next page]
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IN WITNESS of this Agreement, the parties have entered into this Agreement as of the
year and day first above written.
CONTRACTOR" CITY"
IT'S ONLY TEMPORARY, INC., CITY OF ORANGE, a municipal corporation
a California corporation
By:/eovf By:
Printed Name: - •nda Je nings, Susan Galvan,Assistant City Manager
Title: Presadent CEO
By/ '
4 APPROVED AS TO FORM:
Printed Name:Jim Jennings
Title: Vice Pres COO
11^ ( ,
V`Vim`
Mary E. B. ning
Senior Assistant City Atto
NOTE:City requires the following signature(s)on behalf of the Contractor:
1)the Chairman of the Board,the President or a Vice-President,AND (2)the
Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary
or an Assistant Treasurer. If only one corporate officer exists or one corporate
officer holds more than one corporate office, please so indicate. OR
The corporate officer named in a corporate resolution as authorized to enter
into this Agreement. A copy of the corporate resolution, certified by the
Secretary close in time to the execution of the Agreement,must be provided to
City.
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EXHIBIT "A"
SCOPE OF SERVICES
Beneath this sheet.]
HOLIDAY LIGHTING ELECTRICAL INFRASTRUCTURE INSTALLATION
BID SHEET
Date: I bi 122.
Bid Submitted by: jtW\ JUiJ'1/S'
Company Name: 7 S °d VI C-
Address: 7 0- P
F f
v,11 Va,l k, -
Phone #: le g o7
E-mail Address: 1 1c only vn(0 I. Ctxrn
Contact Name:IM /V1 i
YI/IDt
Sign of Respo a Officer or Employee Print Name
The stated bid amount below constitutes the total dollar amount to perform the work
described in the above scope of services to include all that is required to provide the work
product and/or install all materials required to complete the work to a: professional
workmanship standard, and to install and apply all materials per all manufacturer's
specifications and recommendations.
Contractor represents and warrants that it has thoroughly investigated and considered the
scope of services and fully understands the difficulties and restrictions in performing the
work. Contractor represents that it is experienced in performing the work and will follow
professional standards in performance of the work. All services provided shall conform to all
federal, state and local laws, rules and regulations and to the best professional standards
and practices.
l r
BID AMOUNT- PRIMARY INSTALLATION $ . 1 I -/ 3'0 0 0
BID AMOUNT- SECONDARY INSTALLATION $Z . 1 5 8 0
TOTAL BID AMOUNT- Lump:Su n), $ I 1 12,
CITY OF ORANGE
COMMUNITY SERVICES DEPARTMENT
230 E.CHAPMAN AVENUE
ORANGE, CALIFORNIA 92866-1591
714) 744-7274 c
Dniq
Company Name(Bidder)einikgmi
TO THE CITY COUNCIL OF THE CITY OF ORANGE:
In compliance with the notice inviting bids, plans, specifications and other contract documents for the.
construction of the HOLIDAY LIGHTING ELECTRICAL INFRASTRUCTURE
INSTALLATION, the undersigned has carefully examined: the location of the proposed work,
character, quality and quantity of work to be performed, conditions to be encountered, materials to
be furnished and as to the requirements of the plans, specifications and other contract documents;
agrees that submission of a bid shall be considered prima facie evidence that the bidder has made
such examination; and proposes to furnish all labor, materials, tools, and equipment necessary to
complete the work in accordance with said plans, specifications and other contract documents at the
following unit or lump sum prices set forth in the schedule.
Contractor agrees to commence the work provided within ten (10) days of the date herein above
stated and to diligently prosecute completion of the work In the time period agreed to by and
between the representatives of the parties.
The undersigned agrees that the foregoing estimate of quantities of work to be.done'and.materials
to be furnished are approximate only, being given as basis for the comparison of bids.
The undersigned agrees that the City will not be held responsible if any of the approximate quantities
shown in the foregoing bid shall be found incorrect, and shall not make any claim for damages or for
loss of profits because of a difference between the quantities of the various classes of work as
estimated and the work actually done. If any error, omission or mis-statement shall be discovered
in the estimated quantities, it shall not invalidate this contract or release the undersigned from the
execution and completion of the whole or part of the work herein specified, in accordance with the
specifications and the plans herein mentioned and the prices herein agreed upon and fixed therefore,
or excuse him from any of the obligations or liabilities hereunder, or entitle him to any damages or
compensation otherwise than as provided for in this contract.
The undersigned agrees that the City shall have the right to increase or decrease:the quantity of any
bid item or portion of the work or to omit portions of the work as may be deemed necessary or
expedient, and that the payment for incidental items of work not separately'provided in the bid shall
be considered included in the price.bid for other various items of work. ,
Accompanying this bid is
NOTICE: Insert the words "Cash', "Certified Check", or "Bidder's Bond", as the case may'be; in an
amount equal to at least 10 percent,of the total bid price, payable to the City of Orange to guarantee
that the bidder will, if awarded the contract, promptly execute such contract.in accordance with the
bid and in the manner and form required by the contract documents, and will furnish good and
sufficient bonds for the faithful performance of the same.
The undersigned deposits the above named security as a bid guaranty and agrees that it shall be
forfeited to the City of Orange as liquidated damages in case this bid is withdrawn by the undersigned
and the undersigned shall fail to execute a contract for doing said work and to furnish good}and
sufficient bonds in the form set forth in the specifications and contract documents of the City, with
surety satisfactory to the City within 15 days after the bidder has received written notice of the
award of the contract; otherwise, said security shall be returned to the undersigned.
Bidder hereby declares in writing, under penalty of perjury that all employees:who will'be performing
labor, maintenance, delivery, installation or repair, will be those who are legally entitled to live and
work in the United States. Further, the bidder as employer agrees to provide documentary'proof of
such eligibility'(when requested by the City of any other authorized entity or agency).
Bids are to be submitted for the entire work. The bidder shall set forth for each unit basis item of work
a unit price and a total for the item, and for each lump sum item a total for the item,all in clearly legible
figures in the respective spaces provided for that purpose. In the case of unit basis items, the amount
set forth under the "Item Total" column shall be the product of the unit price bid and the estimated _
quantity for the item. In case of discrepancy between the unit price and the total set forth for a unit
basis item,the unit price shall prevail,except as provided in (a) or(b),as follows:
a) If the amount set forth as a unit price is unreadable or otherwise unclear, or is omitted, or is
the same as the amount as the entry in the item total column, then the amount set forth in the item
total column for the item shall prevail and shall be divided by the estimated quantity for the item and
the price thus obtained shall be the unit price.
b) (Decimal Errors) If the product of the entered unit price and the'estimated quantity is exactly
off by a factor of ten, one hundred,'etc., or one-tenth, or one-hundredth, etc. from the entered total,
the discrepancy will be resolved by using the entered unit price or item total, whichever most closely
approximates percentage wise the unit price or item total in the City of Orange Final Estimate of cost.
If both the unit price and the item total are unreadable or otherwise unclear, or are omitted, the bid
may be deemed irregular. Likewise if the item total for a lump sum item is unreadable or otherwise
unclear, or is omitted, the bid may be deemed irregular unless the project being bid has only a single
item and a clear, readable total bid is provided.
Symbols such as commas and dollar signs will be ignored 'and have no mathematical significance in
establishing any unit price or item total or lump sums. Written unit prices, item totals and lump sums
will be interpreted according to the number of digits and, if applicable, decimal placement. Cents
symbols also have no significance In establishing any unit price or item total since all figures are
assumed to be expressed in dollars and/or decimal fractions of a dollar. Bids on lump sum items shall
be item totals only; if any unit price for a lump sum item is included in a bid and it differs from the
item total,the items total shall prevail.
The foregoing provisions for the resolution of specific irregularities cannot be so comprehensive as to
cover every omission, inconsistency, error or other irregularity which may occur in a bid. Any situation
not specifically provided for will be determined in the discretion of the City of Orange,and that discretion
will be exercised in the manner deemed by the City of Orange, to best protect the public interest in the
prompt and economical completion of the work. The decision of the.City of Orange respecting the
amount of a bid, or the existence or treatment of an irregularity in a bid, shall be final.
LIST OF SUBCONTRACTS
A. ni The undersigned intends to subcontract a pOrtion of this project to the following subcontracts(Note: Refer to
Section 2.3 of the Standard Specifications and Section 4100 through 4113 of the California Contract Code for
SUBCONTRACT DISCLOSURE REQUIREMENTS.
NAME OFtuBcorintAcroft LICENSE BID nEm NUM-R(5)PERCENT OF CHECK IF DESCRIBE WORK WHEN SAMOUNTANDADDRESSNO. BID ITEM SPECIALITY LESS THAN 100%OF WORK BASED ONSUBBEDISSUB/3ED BID AMOUNT
B. >.< The undersigned DOES NOT INTEND to subcontract any portion of this project.
NOTE: The bidder shall check Box A or B as applicable. If the bidder does not check either box, It will be deemed that he has checked Box B.
Signa /7'•"of the Bidder
RF13 190-57:10 of 38-
PUBLIC CONTRACT CODE
Public Contract Code.Section 10285.1 Statement
In conformance with Public Contract Code Section 10285.1(Chapter 376,Stets..1985),the bidder hereby declares
under penalty of perjury under the laws of the State of California that the bidder.has has not X beenconvicted
within the preceding three years of anyoffenses referred to in that section,including any charge of fraud, bribery,
collusion, conspiracy,or any other act in violation of any state or Federal antitrust law in connection with the bidding
upon, award of,or performance of,any public works contract,as defined in Public Contract Code Section 1101,with•
any public entity,as defined in Public Contract Code Section 1100,including the.Regents of the University of
California or the Trustees of the California State University. The term"bidder"is understood to include any partner,
member,officer,director,responsible managing officer,or responsible managing employee thereof,as referred to in
Section 10285.1.
Note:. The bidder must place a check mark after "has" or. "has not" in one of the blank spaces provided. The
above Statement is part of the Bid. Signing this Bid on the signature portion thereof shall also constitute
signature of this Statement. Bidders are cautioned that making a false certification may subject the certifier
to criminal prosecution.
Public Contract Code Section 10162 Questionnaire
In conformance:with Public Contract Code Section 10162,the Bidder shall complete,under penalty of perjury,the
following questionnaire:
Has the bidder,any officer of the bidder,or any employee of the bidder who has a proprietary interest in the bidder,
ever been disqualified,removed,or otherwise prevented from bidding on,or completing a federal,state,or local
government project because of a violation of law or a safety regulation?
Yes No Y
If the answer is yes;explain the circumstances in the following space.
Public Contract Code 10232 Statement
In conformance with Public Contract Code Section 10232,the Contractor,hereby states under penalty of perjury,that
no more than one final unappealable finding of contempt of court by a federal court has been issued against the
Contractor within the immediately preceding two year period because of the Contractor's failure to comply with an
order of a federal court which orders the Contractor to comply with an order of the National Labor Relations.Board.
Note: The above Statement and Questionnaire are part of the Bid. Signing this Bid on the signature
portion thereof shall also constitute signature of this Statement and Questionnaire. Bidders are
cautioned that making a false certification may subject the certifier to criminal prosecution.
Non-collusion Affidavit
Title 23 United States Code Section 112 and
Public Contract.Code Section 7106)
To the CITY OF ORANGE— DEPARTMENT OF COMMUNITY SERVICES
In conformance with Title 23 United States.Code Section 112 and Public Contract Code 7106 the.
bidder declares that the bid is not made in the interest of, or on behalf of, any undisclosed
person, partnership, company, association, organization, or corporation;that the bid is genuine
and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any
other bidder to put in a-false or sham bid,and has not directly or indirectly colluded, conspired,
connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall
refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by
agreement, communication, or conference with anyone to fix the bid price of the bidder or any
other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any
other bidder,or to secure any advantage againstthe public body awarding the contract of anyone
interested in the proposed contract; that all statements contained in the bid are true; and,
further, that the bidder has not, directly or indirectly, submitted his or her bid price or any
breakdown thereof, or the contents thereof, or divulged information or data relative thereto,or
paid, and will not pay, any fee to any corporation, partnership, company association,
organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham
bid.
Note: The above.Non-collusion Affidavit is part of the Bid. Signing this Bid on the
signature portion thereof shall also constitute signature of this Non- collusion
Affidavit.
Bidders are cautioned that making a false certification may subject the certifier.to.
criminal'prosecution.
DEBARMENT AND SUSPENSION CERTIFICATION
TITLE 49,CODE OF FEDERAL REGULATIONS,PART 29
The bidder, under penalty of perjury, certifies that, except as noted below, he/she or any other
person associated therewith in the capacity of owner, partner,,director, officer, manager:
is not currently under suspension, debarment, voluntary exclusion, or determination of
ineligibility by,any Federal.agency;
has not been suspended, debarred, voluntarily excluded or determined ineligible by any
Federal agency within the past 3 years;
does not have a proposed debarment pending; and
has not been indicted, convicted, or had a civil judgement rendered against it by'a court of
competent jurisdiction in any matter involving fraud or official misconduct within the past
3 years.
If there are any exceptions to this certification, insert the exceptions in the following space.
Exceptions will not necessarily result In denial of award, but will be considered in determining bidder
responsibility: For any exception noted above, indicate below to whom it applies, initiating agency,
and dates of action.
Notes:Providing false information may result,in criminal prosecution or administrative sanctions.
The above certification is part of the Bid. Signing this Bid on the signature portion thereof
shall also constitute signature of this Certification.
The undersigned bidder hereby represents as follows:
That no Councilman, officer, agent, or employee of the City of Orange, is personally interested, directlyorindirectly, in the Contract, or the compensation to be paid hereunder:
That this bid is made without connection with any person,firm or corporation making'a bid for the same
work, and is in all respects fair, and without collusion or fraud.
By my signature on this bid I certify, under penalty of perjury under the laws of the State of
California, that the foregoing questionnaire and statements of Public Contract. Code Sections 10162,
10232 and 10285.1 are true and correct and that the bidder has complied, with the requirements of
Section 8103 of the Fair Employment and Housing Commission Regulations (Chapter 5, Title 2 of the
California Administrative Code). By my signature on this bid I further certify, under penalty of perjury
under the laws of the State of California and.the United.States of America,that the Noncollusion Affidavit
required by Title. 23 United States Code, Section 112 and Public Contract Code Section 7106; and the
Title 49 Code of Federal Regulations, Part 29 Debarment and Suspension Certification-are true and
correct.
Date: /6/ e ,R,c
Sign
He ire C? 6
Signature.and Title of Bidder
If an individual, so state. If'a firm or co-partnership,state the firm name and give the names of all individual co-partners
composing the firm. If a corporation, state legal name of corporation, also names of President,Secretary, Treasurer and
Manager thereof).
i f.
i / f-- nNAMEOFBIDDERIDri,I V. ]' 47fii,1 l fl
BUSINESS P.O.BOX
CITY, STATE,ZIP
BUSINESS STREET ADDRESS 10 E e/gen 1Y' D
P rasAiincl o4vp If P O. Box is used)
CITY,STATE, ZIP V e I, tV '1;700 krw<<
PLACE OF BUSINESS (Include:City&State)_G..WI l Val tetjSim' PLACE OF RESIDENCE(Include City&State) Vhi,l h .
JTelephoneNo. {, `' 1,45' 6 Fax No.( )
Licensed in accordance with an Act providing for the registration of Contractors.
LICENSE NUMBER 1.t 1 1 i-
LICENSE'CLASS Cri°
s
It's Only Temporary, Inc.
5.2.1-Technical Proposal
Proposer's Relative Experience and Qualifications
Minimum Qualifications
A. References and Qualifications
1. Los Angeles County Fair at Fairplex
1101 W. McKinley Ave Pomona,CA 91768
Contact: Barry Gilles
Phone Number:(909)865-4158
Email-
Dates:Consecutive years since 2000
Projects:
All electrical distribution and 220 hookups in any area designated by contract,this is to include all food
booth outlets and power distribution to carnival rides.In conjunction with fair staff ensures that the
outdoor lighting area is properly functioning and sufficient.Provides technical support to management
staff for the duration of the event.Serves as contact for technical problems within this area.
Distribution of power for the outside concession booths and temporary structures for the production of
the fair.To troubleshoot any electrical problem that may arise during term of hire.Supervises and
maintains onsite staff for the duration of the fair.
Notable Outcomes:For the last 16years we have been given more responsibility and work based on
previous experience and professionalism.
2. Del Mar County Fair
2260 Jimmy Durante Blvd
Del Mar,CA 92014
Contact:Sam Longnecker
Phone Number:(858)792-4208
Email-
Dates:Consecutive years since 1982
Projects:
Layout and distribution of power for outside concession booths,temporary structures,and midway for
the production of`the fair.Temporary lighting for canopies and structures necessary for the display of
exhibits and concessions.
r t"' 'R"Ry'td'744'+m'•°
hAY''+pCr'JM'^."S7d J rem ab r Jn1t.,E Tmi• 1 • CA 6 6 ,560s".. , .+ a(' 0 . ' x i+rT'1 emp grttail.co rt . ..
It's Only Temporary, Inc.
To troubleshoot any electrical problem that may arise for the duration of the fair.Provides technical
support to management staff for the duration of the fair. Part of the management team required for
multi-day event with the responsibility of being the liaison between the Fair Concessions managementandouron-site staff.
Notable Outcomes:For the last 34 years we have been given more responsibility and work based on
previous experience and professionalism.
3. Ventura County Fair
10 W.Harbor Blvd
Ventura,CA 93001
Contact:
Phone Number:(805)648-3376
Email-
Dates:Consecutive years since 1991;Midway since 2004
Projects:
Layout and distribution of power for outside concession booths,temporary structures,and midway for
the production of the fair.Temporary lighting for canopies and structures necessary,for the display ofexhibitsandconcession.
To troubleshoot any electrical problem that may arise for the duration of the fair.Provides technical
support to management staff for the duration of the fair.Part of the management team required for
multi-day event with the responsibility of being the liaison between the Fair Concessions management
and our on-site staff.
Notable Outcomes: For the last 25+years we have been given more responsibility and work based on
previous experience,and professionalism.
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