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Item # 27
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
April 5, 2022
TOPIC: Traffic Control Equipment and Services at City Events
AGENDA TITLE:
Agreement with California Barricade Rentals, Inc. for Traffic Control Equipment and Services
at City Events for an Annual Amount Not to exceed $50,000 for the Period April 1, 2022 to
March 31, 2025, for a Total Agreement Amount of $150,000 (General Fund)
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
$50,000 for the period of April 1, 2022 to March 31, 2025, for a total agreement amount of
$150,000, subject to non-substantive changes approved by the City Manager and City
Attorney.
DISCUSSION
On December 20, 2021, staff issued a Request for Proposals (RFP) for various special
event services. The RFP supports the Parks, Recreation, and Community Services Agency
(PRCSA)’s efforts to bring together the elements needed to provide multiple City-produced
events throughout the year.
An evaluation committee consisting of representatives from PRCSA reviewed and rated the
proposals according to the criteria listed in the RFP. The criteria includes firm/team
experience, references/relevant experience, manner for performing services, and fee. The
City received one proposal. City staff reviewed the proposal and based on the results of the
review and experience in working with the vendor in the past, PRCSA is recommending
entering into an agreement with California Barricade Rentals, Inc. for a three-year term. Use
of these services will be contingent on the City’s approval of funding for City events each
fiscal year.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
Funds will be budgeted and made available in the following account for the specified
years:
Traffic Control Equipment and Services at City Events
April 5, 2022
Page 2
2
5
6
0
Fiscal
Year
Accounting
Unit-Account #
Fund
Description
Accounting Unit, Account
Description
Amount
FY 22-
23
01113230-
62300
General
Fund
PRCSA-Recreation and
Community Services-
Contractual Services
Professional
$40,000
FY 22-
23
01114405-
62300
General
Fund
Police Dept-Traffic
Contractual Services-
Professional
$10,000
FY 23-
24
01113230-
62300
General
Fund
PRCSA-Recreation and
Community Services-
Contractual Services
Professional
$40,000
FY 23-
24
01114405-
62300
General
Fund
Police Dept-Traffic
Contractual Services-
Professional
$10,000
FY 24-
25
01113230-
62300
General
Fund
PRCSA-Recreation and
Community Services-
Contractual Services
Professional
$40,000
FY 24-
25
01114405-
62300
General
Fund
Police Dept-Traffic
Contractual Services-
Professional
$10,000
EXHIBIT(S)
1. Agreement
Submitted By: Lisa Rudloff, PRCSA Executive Director
Approved By: Kristine Ridge, City Manager
Page 1 of 9
AGREEMENT WITH CALIFORNIA BARRICADE RENTALS, INC., TO PROVIDE
TRAFFIC CONTROL EQUIPMENT AND SERVICES TO THE CITY OF SANTA ANA
THIS AGREEMENT is made and entered into this 15th day of March 2022, by and between
California Barricade Rentals, Inc., dba as California Barricade, a California corporation
(“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.On December 20, 2022, the City issued Request for Proposal No. 21-139, by which
it sought a qualified contractor to provide traffic control equipment and services for
the City’s Parks, Recreation, and Community Services Agency.
B.Contractor submitted a responsive proposal that was selected by the City.
Contractor represents that it is able and willing to provide the services described in
the scope of work that was included in RFP 21-139.
C.In undertaking the performance of this Agreement, Contractor represents that it is
knowledgeable in its 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 contracting 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
On an on-call basis, and at the City’s sole discretion, Contractor shall perform the services
described in the scope of work that was included in RFP No. 21-139, which is attached as Exhibit
A and the portion of Contractor’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 neither warrants nor guarantees any minimum compensation to Contractor
under this Agreement. Contractor shall be paid only for actual services performed
under this Agreement at the rates and charges identified in Exhibit C, attached
hereto and incorporated by reference. The annual compensation for services
provided under RFP No. 21-139 shall not exceed Fifty Thousand Dollars and Zero
Cents ($50,000) with a total Agreement amount not to exceed One Hundred Fifty
Thousand Dollars and Zero Cents ($150,000).
b.Payment by City shall be made within forty-five (45) days following receipt of
proper invoice evidencing work performed, subject to City accounting procedures.
Exhibit 1
Page 2 of 9
Payment need not be made for work which fails to meet the standards of
performance set forth in the Recitals and Scope of Work, which may reasonably be
expected by City.
3. TERM
This Agreement shall commence on April 1, 2022 and terminate on March 31, 2025, unless
terminated earlier in accordance with Section 16, below.
4. INDEPENDENT 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. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use,
modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property
embodied in plans, specifications, studies, drawings, estimates, and other documents or works of
authorship fixed in any tangible medium of expression, including but not limited to, physical
drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or
caused to be prepared by Contractor under this Agreement (“Documents & Data”). Contractor
shall require all subcontractors to agree in writing that City is granted a non-exclusive and
perpetual license for any Documents & Data the subcontractor prepares under this Agreement.
Contractor represents and warrants that Contractor has the legal right to license any and all
Documents & Data. Contractor makes no such representation and warranty in regard to
Documents & Data which were provided to Contractor by the City. City shall not be limited in
any way in its use of the Documents and Data at any time, provided that any such use not within
the purposes intended by this Agreement shall be at City’s sole risk.
6. 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. Minimum Scope and Limit of Insurance
1. Commercial General Liability (CGL): Insurance Services Office
Form CG 00 01 covering CGL on an “occurrence” basis, including
Exhibit 1
Page 3 of 9
products and completed operations, property damage, bodily injury
and personal & advertising injury with limits no less than
$2,000,000 per occurrence. If a general aggregate limit applies,
either the general aggregate limit shall apply separately to this
project/location (ISO CG 25 03 or 25 04) or the general aggregate
limit shall be twice the required occurrence limit.
2. Automobile Liability: ISO Form Number CA 00 01 covering any
auto (Code 1), or if Contractor has no owned autos, hired, (Code 8)
and non-owned autos (Code 9), with a limit no less than $1,000,000
per accident for bodily injury and property damage.
3. Workers’ Compensation: as required by the State of California,
with Statutory Limits, and Employer’s Liability Insurance with limit
of no less than $1,000,000 per accident for bodily injury or disease.
4. Professional Liability: if Contractor 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 $2,000,000 per claim with $2,000,000 in the aggregate.
5. Broader Coverage: if the Contractor maintains broader coverage
and/or higher limits than the minimums shown above, the City
requires and shall be entitled to the broader coverage and/or the
higher limits maintained by the Contractor. Any available insurance
proceeds in excess of the specified minimum limits of insurance and
coverage shall be available to the City.
b. Other Insurance Provisions
1. Additional Insured Status: The City, its officers, officials,
employees, and volunteers are to be covered as additional insureds
on the CGL policy with respect to liability arising out of work or
operations performed by or on behalf of the Contractor including
materials, parts, or equipment furnished in connection with such
work or operations. General liability coverage can be provided in
the form of an endorsement to the Contractor’s insurance (at least as
broad as ISO Form CG 20 10 11 85 or if not available, through the
addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and
CG 20 37 if a later edition is used).
2. Primary Coverage: For any claims related to this contract, the
Contractor’s insurance coverage shall be primary coverage at least
as broad as ISO CG 20 01 04 13 as respects the City, its officers,
officials, employees, and volunteers. Any insurance or self-
insurance maintained by the City, its officers, officials, employees,
Exhibit 1
Page 4 of 9
or volunteers shall be excess of the Contractor’s insurance and shall
not contribute with it.
3. Notice of Cancellation: Each insurance policy required above shall
provide that coverage shall not be canceled, except with notice to
the City.
4. Waiver of Subrogation: Contractor hereby grants to City a waiver
of any right to subrogation that any insurer of said Contractor may
acquire against the City by virtue of the payment of any loss under
such insurance. Contractor agrees to obtain any endorsement that
may be necessary to affect this waiver of subrogation, but this
provision applies regardless of whether or not the City has received
a waiver of subrogation endorsement from the insurer.
5. Self-Insured Retentions: Self-insured retentions must be declared
to and approved by the City. The City may require the Contractor to
purchase coverage with a lower retention or provide proof of ability
to pay losses and related investigations, claim administration, and
defense expenses within the retention. The policy language shall
provide, or be endorsed to provide, that the self-insured retention
may be satisfied by either the named insured or City.
6. Acceptability of Insurers: Insurance is to be placed with insurers
authorized to conduct business in the state with a current A.M.
Best’s rating of no less than A:VII, unless otherwise acceptable to
the City.
7. Claims Made Policies (applicable only to professional liability):
i. The Retroactive Date must be shown, and must be before the
date of the contract or the beginning of contract work.
ii. Insurance must be maintained and evidence of insurance
must be provided for at least five (5) years after completion
of the contract of work.
iii. If coverage is canceled or non-renewed, and not replaced
with another claims-made policy form with a Retroactive
Date prior to the contract effective date, the Contractor must
purchase “extended reporting” coverage for a minimum of
five (5) years after completion of work.
8. Verification of Coverage: Contractor shall furnish the City with
original Certificates of Insurance including all required amendatory
endorsements (or copies of the applicable policy language effecting
coverage required by this clause) and a copy of the Declarations and
Exhibit 1
Page 5 of 9
Endorsement Page of the CGL policy listing all policy endorsements
to City before work begins. However, failure to obtain the required
documents prior to the work beginning shall not waive the
Contractor’s obligation to provide them.
The City reserves the right to require complete, certified copies of all
required insurance policies, including endorsements required by
these specifications, at any time.
9. Subcontractors: Contractor shall require and verify that all
subcontractors maintain insurance meeting all the requirements
stated herein, and Contractor shall ensure that City is an additional
insured on insurance required from subcontractors.
10. Special Risks or Circumstances: City reserves the right to modify
these requirements, including limits, based on the nature of the risk,
prior experience, insurer, coverage, or other special circumstances.
7. INDEMNIFICATION
Contractor 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 Contractor or its 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 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 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 Agreem ent. 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 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 of, pertain to, or relate to the negligence, recklessness, or willful
misconduct of the Contractor.
8. INTELLECTUAL PROPERTY INDEMNIFICATION
Contractor shall defend, indemnify and hold harmless the City, its officers, agents,
representatives, and employees against any and all liability, including costs, and attorney’s fees,
Exhibit 1
Page 6 of 9
for infringement of any United States’ letters patent, trademark, or copyright contained in the work
product or documents provided by Contractor to the City pursuant to this Agreement.
9. RECORDS
Contractor shall keep records and invoices in connection with the work to be performed
under this Agreement. Contractor 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 Contractor under this Agreement. All such records and
invoices shall be clearly identifiable. Contractor 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. Contractor 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 Contractor under this Agreement.
10. 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. “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
Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor
without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e)
is independently developed by the Contractor without reference to information disclosed by the
City.
11. CONFLICT OF INTEREST CLAUSE
Contractor 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.
12. 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, or sent by fax or other telegraphic communication in
the manner provided in this Section, to the following persons:
Exhibit 1
Page 7 of 9
To City: Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax 714- 647-6956
Executive Director
Parks, Recreation, and Community Services Agency
City of Santa Ana
20 Civic Center Plaza (M-23)
P.O. Box 1988
Santa Ana, CA 92702
To Contractor: California Barricade Rentals, Inc.
1550 E. Saint Gertrude Place
Santa Ana, CA 92705
Attn: David Tangitau, President
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 fax, 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
timeframes, weekends, federal, state, County or City holidays shall be excluded.
13. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Contractor 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. 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 or 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.
14. 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
Exhibit 1
Page 8 of 9
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 contractors retained by City.
15. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or
granted by the provisions of this Agreement shall be effective unless it is in writing and signed by
the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or
remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not
similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
16. TERMINATION
This Agreement may be 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, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Contractor to
deliver to the City all 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
Contractor 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.
17. NON-DISCRIMINATION
Contractor 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. Contractor affirms that it is an equal opportunity employer and shall comply
with all applicable federal, state and local laws and regulations.
18. 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.
Exhibit 1
Page 9 of 9
19. 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.
20. 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: CITY OF SANTA ANA
________________________ _________________________
Daisy Gomez Kristine Ridge
Clerk of the Council City Manager
APPROVED AS TO FORM CALIFORNIA BARRICADE
SONIA R. CARVALHO
City Attorney
By: _____________________ ____________________________
Brandon Salvatierra David Tangitau
Deputy City Attorney President
RECOMMENDED FOR APPROVAL
____________________________
Lisa Rudloff
Executive Director
Parks, Recreation, and Community Services Agency
Exhibit 1
EXHIBIT A
Exhibit 1
City of Santa Ana RFP 21-139
Page 16
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
• 1-Message Board
• 100-Pedestrian Barricades
• 100-Parade Barricades
• 49-Water-Filled K-Rails
• 35-Type I Barricades
• 45-Type III Barricades
• 166-Signs on Type I Barricades
• 40-Signs on Type III Barricades
• 15-Traffice Control Technicians
• 1-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.
Exhibit 1
EXHIBIT B
Exhibit 1
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 pick up
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
Attachment 3-7 Exhibit 1
EXHIBIT C
Exhibit 1
$4.00 each
$.40 each
$2.75 each
$105.00 per hour $145.00 per hour
$3.00 each
$4.00 each
$750.00 minimum*
* The unit price for water truck service depends on the quantity of barriers per event.
David Tangitau President
01/17/2022
Exhibit 1