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HomeMy WebLinkAbout25B - AGMT - TRAFFIC CONTROL EQUIPREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 16, 2016 TITLE: AGREEMENT WITH CALIFORNIA BARRICADES FOR RENTAL AND INSTALLATION OF TRAFFIC CONTROL EQUIPMENT FOR VARIOUS CITY EVENTS (STRATEGIC PLAN NO. 5,5C) t J i CITY MANAGE RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: F,AJVV :Z917A:1 ❑ As Recommended ❑ As Amended ❑ Ordinance on 13` Reading ❑ Ordinance on 2ne Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO I�I��R�111 /1:3� 7 Authorize the City Manager and Clerk of the Council to execute an agreement with California Barricades for the traffic control equipment rental and installation for various city events in the amount not to exceed $70,000, for a term of August 16, 2016 to June 30, 2017, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The Fiesta Patrias event has been a positive event for the downtown businesses and surrounding neighborhoods. This event not only attracts thousands of Santa Ana residents, but also visitors from all over Orange County. The purpose of this event is to celebrate Fiestas Patrias through a safe family friendly event to include: live entertainment, food booths, informational booths, merchandise /service booths, cultural exhibits and carnival rides /games over a two -day weekend. The 38th Annual Fiestas Patrias will take place on September 10 — September 11, 2016. In addition to this event the City will be hosting various other events throughout the year, such as the DTSA 5k Run & Ciclovia and Cinco de Mayo. City staff is requesting an agreement with California barricades to provide traffic control equipment rental and installation for various city events. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #5 (Promote a strong arts and culture infrastructure), Strategy C (Promote arts and culture by partnering with artist groups and merchants to hold events celebrating art in public plazas, parks and other City - controlled open space). 2513-1 Agreement with California Barricades August 16, 2016 Page 2 FISCAL IMPACT Funds are available in the following accounts for the specified fiscal year: Accounting Unit FY 16/17 Recreation.(no.01113230 62300) $50,000 Traffic (no. 01114405 62300) $20,000 Gerardo Mouet Executive Director Parks, Recreation and Community Services Agency .i Carlos Rojas Chief of Police Santa Ana Police Department APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez _A� Executive Director �� Finance and Management Services Agency 25B -2 AGREEMENT WITH CALIFORNIA BARRICADE RENTALS, INC. FOR PROVISION, INSTALLATION AND REMOVAL OF TRAFFIC BARRICADES FOR VARIOUS CITY EVENTS (2016 -17) THIS AGREEMENT is made and entered into this 16th day of August, 2016 by and between California Barricade Rentals, Inc. ( "Contractor "), and 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"), RECITALS A. The City desires to retain a contractor having special skill and knowledge in the field of providing, installing, maintaining, and removing traffic barricade equipment for special events that the City is hosting in 2016 -17 ( "Events "), B. Contractor represents that it is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in this field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual aid respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows; 1. SCOPE OF SERVICES Contractor shall provide, install, set -up, maintain and remove traffic barricade equipment for City's DTSA 5K. Run and Ciclovia on August 20, 2016 and City's Fiestas Patrias event on September 10 -11, 2016, as more fully described in Exhibit A to this Agreement. At City's sole request, Contractor shall also provide, install, set -up, maintain and remove traffic barricade equipment for other City- produced Events to be scheduled at a later date through June 30, 2017, including but not limited to the 2017 Cinoo de Mayo Event. Contractor's general price list is attached as Exhibit B. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services and equipment, the rates and charges identified in Exhibits A and B. The total sum to be expended under this Agreement shall not exceed Seventy Thousand Dollars ($70,000). This amount includes charges for the other Events approved and processed by City. b, Payment sb,all be made within thirty (3 0) clays following receipt of proper invoice evidencing work performed, subject to accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may be expected by the City. Page 1 of 6 25B -3 3. TERM This Agreement shall commence on August 16, 2016 and terminate on June 30, 2017, unless terminated earlier in accordance with Section 12, below. 4. INDEIPENDENT CONTRACTOR Contractor 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 Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes, 5. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and 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 Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. 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 the provisions of California state law, Contractor, if Contractor 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, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident, Page 2 of 6 25B -4 d. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor 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. e. If Contractor 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 Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor 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 Contractor agrees to and shall defend, indemnify and hold hannless the City, its officers, agents, employees, consultants, 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 direct or indirect operations of Contractor or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 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 terns of or effects arising from this Agreement. This indemnity and hold hannless 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. Contractor 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 legal proceeding, Notwithstanding the foregoing, to the extent Contractor's Services are subj act 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 Contractor. This indemnification provision shall survive expiration of this Agreement. Page 3 of 6 25B -5 CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and /or proprietary, Contractor 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, 8. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 9. NOTICE Any notice, tender, demand, delivery, or other communioation 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, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the Council City of Santa Aria 20 Civic Center Plaza (M -30) P,O. Box 1988 Santa Ana, CA 92702 -1988 Fax: (714) 647.6956 With copies to: Parks, Recreation and Community Services Agency City of Santa Ana 20 Civic Center Plaza (M -23) P,O. Box 1988 Santa Ana, California 92702 Fax: (714) 571 -4221 To Contractor: California Barricade Rentals, Inc. 1550 E, Saint Gertrude Place Santa Ana, CA 92705 Phone: (714) 558 -8474/ FAX: (714) 558 -3821 A party may change its address by giving notice in writing to the other party. 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 fax, communication shall be effective or deemed to have Page 4 of 6 r 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. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor regarding the subject matter therein, 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. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor 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 which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 12. TERMINATION This Agreement maybe terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination. 13. NON - DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or in connection with any activities related to this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. 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 Page 5 of 6 25B -7 shall be detenninod 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. 15. PROFESSIONAL LICENSES Contractor 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 States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow 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: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: J�A Funk Assistant City Attorney RECOMMENDED FOR APPROVAL: CITY OF SANTA AN TA David Cavazos City Manager CONTRACTOR California Barricade Rentals, Inc. Name: Title: r 1 � Gerardo Monet, Executive Director, PRCSA Page 6 of 6 r - n� Pe wr Proposal —July 19, 2026 Sonia Batres City of Santa Ana sbatres@santa-ana.org Re: DTSA SK Run & Ciclovia, Santa Ana Street Tall Free (000)327.8844 Phone (714)388.0474 Fax (714)880.3821 • Set, monitor and remove of traffic control devices per provided specifications • includes traffic control technicians & necessary traffic control vehicles • Includes message boards • Includes pedestrian barricades • Includes water - filled k -rail • Includes water and filling & emptying of the k -rail • Overtime charges of $70.00 per hour per technician will apply after 12 hours of labor per technician PROJECT GRAND TOTAL PRICE; $13,170.00 Thank you for this opportunity to present our proposal for the festival, This price Is based on the details provided, should the scope of work change In any way, additional charges may apply. Thk quote is also subject to revision once a traffic control plan Is provided by the city of Santa Ana. Thank you for this opportunity to present our proposal for your event, We look forward to working with you. If you have any questions or require additional information, please do not hesitate to give us a call. Sincerely, p p u Vd bar 25B -9 Event Date Multiple Street Closures EXHIBIT A Proposal— July 19 2016 Sonia Batres City of Santa Ana sbatres @santa•ana.org Re: Fiestas Patrias Festival N 1559 E. Saint Gertrude Piano Santa Ana, GA 92705 • Set and remove of traffic control devices per provided specifications • includes water - filled k -rail • includes water and filling & emptying of the k -rall • Includes pedestrian barricades • Overtime charges of $70.00 per hour per technician will apply after 4 hours per occurrence per technician Thank you for this opportunity to present our proposal for the festival. This price is based on the details provided, should the scope of work change in any way, additional charges may apply. This quote is also subject to revision once a traffic control plan is provided by the city of Santa Ana. We look forward to once again providing traffic control services for this event. If you have any questions or require additional Information, please do not hesitate to give us a call, Sincerely,, RO ^� Culle Escobar 25B -10 r ^" SO" KTgrrrudo AI &V O lRPOO Amm, GA 9.4705 25B -11 25B -12