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Home My WebLink About25D - AGMT FOR TRAFFIC CONTROL EQUIPMENT AT CITY EVENTSREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 3, 2020 TITLE: APPROVE AN AGREEMENT WITH CALIFORNIA BARRICADE RENTALS, INC. FOR TRAFFIC CONTROL EQUIPMENT AND SERVICES AT CITY EVENTS FOR AN ANNUAL AMOUNT NOT TO EXCEED $165,000, FOR A TOTAL AGREEMENT AMOUNT OF $495,292.89, TO BE FUNDED BY THE GENERAL FUND /s/Kristine CITY MANAGER CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER RECOMMENDED ACTION Authorize the City Manager to execute an agreement with California Barricade Rentals, Inc. for traffic control equipment and services at City events for an annual amount not to exceed $165,000 and a total agreement amount of $495,292.89, for the period of March 3, 2020 to March 2, 2023 to be funded by the General Fund, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION On November 7, 2019, the City of Santa Ana issued Request for Proposal (RFP) Number 19-113 for various special event services. The RFP supports the Parks, Recreation, and Community Services Agency (PRCSA) efforts to bring together many elements needed to provide multiple city -produced events throughout the year. An evaluation committee consisting of representatives from PRCSA reviewed and rated the one proposal received according to the criteria listed in the RFP, which includes firm/team experience, references/relevant experience, manner for performing services and fee. The committee evaluated the one responsive proposal and determined the company is qualified to provide traffic control equipment and services for City events. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Strategic Plan Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #4 (support neighborhood vitality and livability). 25D-1 Agreement with California Barricade Rentals, Inc. for Traffic Control Equipment and Rental Services March 3, 2020 Page 2 FISCAL IMPACT Funds are budgeted and available in the following account for the specified year: Fiscal Accounting Fund Accounting Unit, Account Amount Year Unit -Account Description Description FY 19-20 01113230- General Fund PRCSA-Recreation, $37,500 62300 Contractual Services -Professional FY 19-20 01105015- General Fund General Non -Departmental, $30,000 62300 (Census Contractual Services -Professional 2020 FY 19-20 01114405- General Fund Police Dept. -Traffic $10,000 62300 Contractual Services -Professional FY 19-20 05218018- Strategic Plan CDA-Strategic Plan, $5,292.89 62300 Fund Contractual Services -Professional Fiscal Year 19-20 Total $82,792.89 Funds will be budgeted and made available in the following account for the specified years: Fiscal Accounting Fund Accounting Unit, Account Amount Year Unit -Account Description Description FY 20-21 01113230- General Fund PRCSA-Recreation, $75,000 62300 Contractual Services -Professional FY 20-21 01105015- General Fund General Non -Departmental, $60,000 62300 Contractual Services -Professional FY 20-21 01114405- General Fund Police Dept. -Traffic $20,000 62300 Contractual Services -Professional FY 20-21 05218018- Strategic Plan CDA-Strategic Plan, $10,000 62300 Fund Contractual Services -Professional Fiscal Year 20-21 Total $165,000 Fiscal Accounting Fund Accounting Unit, Account Amount Year Unit -Account Description Description FY 21-22 01113230- General Fund PRCSA-Recreation, $75,000 62300 Contractual Services -Professional FY 21-22 01105015- General Fund General Non -Departmental, $60,000 62300 Contractual Services -Professional FY 21-22 01114405- General Fund Police Dept. -Traffic $20,000 62300 Contractual Services -Professional FY 21-22 05218018- Strategic Plan CDA-Strategic Plan, $10,000 62300 Fund Contractual Services -Professional Fiscal Year 21-22 Total $165,000 25D-2 Agreement with California Barricade Rentals, Inc. for Traffic Control Equipment and Rental Services March 3, 2020 Page 3 Fiscal Accounting Fund Accounting Unit, Account Amount Year Unit -Account Description Description FY 22-23 01113230- General Fund PRCSA-Recreation, $37,500 62300 Contractual Services -Professional FY 22-23 01105015- General Fund General Non -Departmental, $30,000 62300 Contractual Services -Professional FY 22-23 01114405- General Fund Police Dept. -Traffic $10,000 62300 Contractual Services -Professional FY 22-23 05218018- Strategic Plan CDA-Strategic Plan, $5,000 62300 Fund Contractual Services -Professional Fiscal Year 22-23 Total $82,500 Lisa Rudloff Executive Director Parks, Recreation, Services Agency APPROVED AS TO FUNDS AND ACCOUNTS: Kathryn Downs, CPA Executive Director and Community Finance and Management Services Agency David Valentin Chief of Police Santa Ana Police Department Exhibit: 1. Agreement Steven A. Mendoza Executive Director Community Development Agency 25D-3 AGREEMENT BETWEEN THE CITY OF SANTA ANA AND CALIFORNIA BARRICADE RENTALS, INC. THIS AGREEMENT is hereby made and entered into this 3rd day of March, 2020, by and between the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"), and California Barricade Rentals, Inc., a California Corporation ("Consultant"). RECITALS A. The City issued Request for Proposal ("RFP') 19-113 on November 7, 2019 for various services for City events. City's RFP is incorporated herein by reference as though fully set forth below. B. Consultant submitted a proposal in response to RFP 19-113 and has been selected for award of the contract for traffic barricade equipment and services. B. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall provide traffic barricade equipment and services as outlined in more detail in the scope of services from City's RFP attached as Exhibit "A" and the portion of Consultant's proposal outlining the manner in which it will provide services attached as Exhibit "B." All Exhibits are incorporated by reference as though completely set forth herein. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the fees and rates set forth in consultant's proposal submitted in response to City's RFP and Exhibit "C" of this Agreement. The total sum authorized to be spent under this Agreement shall not exceed $495,292.89 for the entire term of this Agreement. The annual not to exceed amount for this Agreement is $165,000.00. b. This Agreement authorizes payment of an outstanding invoice in the amount of $292.89 dated January 28, 2020 and attached hereto and marked as Exhibit "D." c. City will be invoiced by Consultant monthly. Payment will be made within forty-five (45) days of the date of the invoice. Page 1 of 8 #217320 25D-4 3. TERM The term of this Agreement shall commence on March 3, 2020 and terminate on March 2, 2023, unless terminated earlier in accordance with Section 13, below. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to its employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance, which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's negligent operations in the performance of this Agreement, including, without limitation, acts involving vehicles. This insurance policy shall not have an exclusion for sexual molestation. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence and $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insured provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with California State law, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. Page 2 of 8 #217320 25D-5 d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. (iv) Consultant shall supply City with fully executed additional insured endorsement. I. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section I of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any Page 3 of 8 #217320 25D-6 legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 7. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 8. CONFIDENTIALITY If Consultant received from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant and disclosed without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 9. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 10. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: Page 4 of 8 #217320 25D-7 To City: City of Santa Ana City Clerk (M-30) 20 Civic Center Plaza P.O. Box 1988 Santa Ana, California 92702 With copy to: Executive Director of Parks, Recreation and Community Services City of Santa Ana 20 Civic Center Plaza (M-23) P.O. Box 1988 Santa Ana, California 92702 Fax (714) 571-4211 And: City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 Fax (714) 647-6515 To Consultant: Ms. Kellie Hurst, Vice President California Barricade Rentals, hic. 1550 East St. Gertrude Place Santa Ana, California 92705 Fax (714) 558-3821 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by facsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail and will serve to fully supersede existing Agreement. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, that terms or conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, Page 5 of 8 #217320 25D-8 promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any parties, which are not embodied herein. 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services that are the subject to this Agreement performed by City personnel or by other Consultants retained by City. 13. TERNIINATION Except as otherwise specified herein, this Agreement may be terminated by the City with thirty (30) days written notice of termination to the Consultant. a. As a condition of such payment, the City may require Consultant to deliver to the City the entire work product completed, as of such date, and in such case, such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes, as the City deems appropriate. b. Payment need not be made for work that fails to meet the standard of performance specified in the Recitals of this Agreement. 14. NON-DISCRINIINATION Provider shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Provider affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. Page 6 of 8 #217320 25D-9 16, PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United Sates, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 17. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: DAISY GOMEZ Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney tyou LCL h. i�� By: LAURA A. ROSSINI Senior Assistant City Attorney [Signatures continue on the next page] CITY OF SANTA ANA KRISTINE RIDGE City Manager Page 7 of 8 #21732v1 25D-10 RECOMMENDED FOR APPROVAL LISA RUDLOFF Executive Director of Parks, Recreation and Community Services Agency CALIFORNIA BARRICADE RENTALS, \C. Digitally signed by: Kettle Hurst Ke I I i e DM CN = Kettle Hurst email = lifomiabarAmde.com C Hurst �1r1Ie@g Ir�y.s O = California Barricade, Date: 2020,02.12 12:28:48 -08'00' By: Kellie Hurst Vice President Page 8 of 8 k2173.�.v1 25D-11 EXHIBIT A SCOPE OF SERVICES 25D-12 *AV NI-IIhaI Appendix ATTACHMENT 1-E SCOPE OF WORK SERVICE: TRAFFIC CONTROL EQUIPMENT The City is seeking a company with the capacity to provide traffic control equipment for various events. Below is a sample listing of equipment provided for previous large scale events. • 7-Arrow Boards • 73-Type I Barricades (Road Closed, Detour, Transition, Turn Only, etc...) • 29-Water Filled Barriers (72xl802) • Traffic Control Technicians • Water truck to fill K-Rails Traffic control plans will be specific for individual events and the contractor is expected to work with various city departments, particularly the Santa Ana Police department and Planning and Building Agency. City of Santa Ana RFP 19-113 25®113 EXHIBIT B MANNER OF PROVIDING SERVICES 25D-14 MANNER FOR PERFORMING SERVICES OUTLINE 1. Client initiates event a. Call or email comes in b. Plan is provided or requested 2. Vendor assesses required service a. Physical site review b. Review of plans or equipment list i. Design of plan if requested c. Engagement with client for additional information 3. Pre -event meeting a. Attend all pre -event meetings scheduled by client b. Engage in questions and receiving of directives 4. Finalization of exact scope a. Vendor and client agree, and have a clear understanding of the scope 5. Event specific proposal a. Vendor provides proposal b. Client accepts proposal i. Issuance of purchase order 6. Vendor engages with water delivery service a. Secure event date b. Communicate volume 7. Vendor's preparation of equipment a. Assess for adequate inventory b. Inspection for cleanliness and maximum reflectivity c. Load and secure equipment for transport to deliver, or pre -stage 8. Vendor pre -stages event (if needed) a. Drop equipment in strategic locations for expeditious set-up on event day 9. Event day a. Timely placement of delivered, or pre -staged equipment b. Drive through completed set up I. Adjust placement ii. Add more equipment if needed c. Notify client set-up is complete 10. Pick-up a. Mobilize technicians for timely pickup b. Dispatch adequate number of trucks c. Drive through event area to ensure all equipment is picked up 11. Vendor's issuance of invoice a. Review field documents for accuracy b. Issue accurate and timely invoice c. Address client questions if any 12. Post event meeting a. Attend wrap-up meeting post event b. Engage in feedback, and suggestions for future success c. Express appreciation to all who participated In the execution of the event 25D-1 5 Page 6 EXHIBIT C FEES AND COSTS 25D-16 *:�:111AIhaI FEEPROPOSAL Service: TRAFFIC CONTROL EQUIPMENT California Barricade, Inc. is a company with the capacity to provide traffic control equipment for various events. Below is our proposal based on the sample listing of equipment per the RFP. Discounted Extended Price Rental Quantity List Price Price Per Unit Per Day Per Day Arrow Boards 7 $65.00 $35.00 $245.00 Water Filled K-Rail 29 6.60 $3.30 $95.70 Type I Barricade with Sign 73 $1.25 $0.70 $51.10 Service Quantity List Price Price Per Extended Price Occurrence Water Truck Service (29 units) 1 $910.00 $900.00 $900.00 Per Hour Extended Price Labor " Quantity List Price Per Technician Per Hour Traffic Control Technician 15 n/a $85.00 $1,275.00 It is understood traffic control plans will be specific for individual events, and that we are expected to work with various city departments, particularlythe Santa Ana Police department and Planning and Building Agency. California Barricade has done so in the past with great success, and will continue to do so. 25D- 1 7 Pagel EXHIBIT D OUTSTANDING INVOICE 25D-18 I4:/:111AlIll al LlFOra IA e RR/CADE Bill To City of Santa Ana Parks, Recreation & Community Services Agency M-23 20 Civic Center Plaza P.O.Box 1988 Santa Ana, CA 92702 INVOICE Invoice # Date Terms 63111-A 1/28/2020 Net 45 Job Location 450 W. 4th St. Santa Ana Corner of 4th St. & Ross Customer Contact Customer Job # Purchase Order # CBR Job # Julie Castro-Cardena 29631 Sales Item Qty Rate Amount Water Filled K-Rail W20-2 Detour Ahead 36 x 36 Aluminum Sign 113-1 No Right Turn 24 x 24 Aluminum Sign 113-2 No Left Turn 24x24 Aluminum Sign M4-8a End Detour 2418 Aluminum Sign M4-10 (R) Detour Right 12x36 Aluminum Sign M4.10 (L) Detour Left 12x36 Aluminum Sign W20-3 C19 Road Closed Ahead 36 x 36 Aluminum Sign Type I Barricade w/ Flasher Type I Barricade 12 2 2 2 2 4 2 1 4 17 260.00 57.65 28.85 28.85 27.00 24.85 24.85 57.65 46.55 27.35 3,120.00T 115.30T 57.70T 57.70T 54.00T 99.40T 49.70T 57.65T 186.20T 464.95T Delivery 12/19 1 190.00 190.00 Allowances -4,554.00 -4,554.00 THANK YOU FOR YOUR BUSINESS. YOU ARE A VALUED CUSTOMER. Subtotal-$101.40 1550 E. Saint Gertrude Place Sales Tax (9.25%) $394.29 Total $292.89 Santa Ana, CA 92705-4613 (800) 327-8844 Toll Free (714) 558-8474 Local Payments/Credits $0.00 (714) 558-3821 Fax California State Contractors License #785733 Balance Due $292.89 25D-19