Item 20 - Award of Contract to Prepare Ad Sign Panels Kiosk Sign Program AGENDA REPORT SUMMARY
TO: Honorable Mayor and Members of the City Council ~
FROM: James L. Bowersox, City Mana~~
INITIATED BY: John D. Fitch. Assistant City Manager
Reba Wright-Quastler. Director of Planning Services
James H. Lyon. Assista~J: Planner II
DATE: April 18. 1995
SUBJECT: Award of Contract to Prepare the Advertising Sign Panels for and
Maintenance of the Poway Events Kiosk Sign Program and Structures
ABSTRACT
This report introduces the selection and award of contract to Rapid Sign and Graphics for
the preparation of advertising sign panels and maintenance of the structures for the Poway
Events Kiosk Sign Program. It is recommended that the City Council award the Poway Events
Kiosk sign contract to Rapid Signs and Graphics.
ENVIRONMENTAL REVIEW
The proposed project is Statutorily Exempt under Section 15061b(3). General Rule of the
CEQA Guidelines.
FISCAL IMPACT
The proposed action will raise the different options of the Poway Event Kiosk Sigh Progra~
from $15 to $30 per panel. Adjustments in the Poway Center for the Performing Arts Budget
have been proposed to accommodate the increase.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
None.
RECOMMENDATION
It is recommended that the City Council award Rapid Signs and Graphics the contract to
prepare the advertising sign panels for and the maintenance of the Poway Events Kiosk Sign
Program and structures.
ACTION
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APR 18 icJ~5 ITEM 20
-AGENDA REPORT
CITY OF POWAY
This re~ is included on the Consent Calendar, There will be no separate discussion of the re~ prior to approval by the
Ci~ Councit unless members of the Council staff or public request it to be removed [rom the Consent Calendar and
discussed se~rately. If you wish to have this re~ pulled for discussion, please fill out a stip indicating the re~ number
and give it to the Ci~ Clerk prior to He ~§innin§ of he Ci~ Council meeting,
TO: Honorable Mayor and Members~,~ City Council
FROM: James L. Bowersox, City Mana~~
INITIATED BY: John D. Fitch, Assistant City Manager
Reba Wright-Quastler, Director of Planning Services~.~]C~-~
DATE: April 18, 1995
SUBJECT: Award of Contract to Prepare the Advertising Sign Panels and
maintenance of the Poway Events Kiosk Sign Program and
Structures.
BACKGROUND
The City of Poway prepared the Poway Events Kiosk Sign Program over three years
ago specifically to advertise City-wide events. The kiosk program was designed
to provide a supplementary form of advertising for special events held within the
City, including the Poway Days Parade and Community Day, and all City sponsored
events held at the Poway Center for the Performing Arts (PCPA), community events
such as the Chamber Street Fair, the Rodeo, events sponsored by the Poway Unified
School District at the PCPA, charity and service club programs. SunCal Outdoor
Advertising was previously under contract to prepare the sign panels for each
event. Early this year, SunCal elected to raise their fees. In the hopes of
reducing the City's advertising costs resulting from the proposed fee increase,
Staff decided to solicit cost estimates for a new contractor to prepare the
advertising sign panels.
FINDINGS
Request for Proposals were sent out to seven different sign companies throughout
San Diego County. Three companies returned estimates; SunCal Outdoor Advertising,
and two Poway businesses, DeSign Media and Rapid Signs and Graphics. The
Community Services and Planning Services Staff reviewed the proposals based on
completeness, cost estimates, and the businesses work history. The proposal
requested cost estimates for four different work products. When the cost
estimates were received one business would be lower in one category, while higher
in another. As such, Staff could not single one business out as the low bidder.
Of the cost estimates received, SunCal Outdoor Advertising submitted the highest
estimate of $75 per panel for the multiple user, Rapid Signs submitted $65 and
DeSign Media $60 per panel.
.ACTION:
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APR 1~1995 ITEM 20 '
Agenda Report
April 18, 1995
Page 2
The timely preparation and installation of the advertising panels is considered
a critical element of this kiosk program. Although DeSign Media, which has
prepared numerous attractive signs for the City, had submitted the lowest per
panel estimate, their work product has not always been completed in a timely
manner. Given this, Staff selected Rapid Signs with the next lowest bid. As a new
company to this process, Staff contacted eight different references submitted by
Rapid Signs. Each response indicated that the work completed was a quality
product prepared in a timely manner.
City policy states that projects with a cost estimate of under $10,000 do not
need to go through the formal bid process and are, therefore, not subject to the
same guidelines. Staff has estimated that the annual cost for the Poway Events
Program will be approximately $8,500. As such, the City is not obligated to
select the lowest bid.
ENVIRONMENTAL REVIEW
The proposed project is not subject to CEQA.
FISCAL IMPACT
The Poway Center for the Performing Arts (PCPA) is the largest multiple user of
-- the program. The multiple user per panel cost will increase from $50 to $65 per
panel. This is, however, lower than the $75 per panel cost proposed by SunCal.
Adjustments in the PCPA budget have been proposed to accommodate the increase.
PUBLIC NOTIFICATION AND CORRESPONDENCE
None.
RECOMMENDATION
It is recommended that the City Council award Rapid Signs and Graphics the
contract to prepare the advertising panels and maintenance of the structures.
JLB:RWQ:JHL:kls
Attachments:
A. Poway Events Kiosk Sign Program Agreement
APR 18 1995 )'l"~iV) 2Q
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POWAY EVENTS KIOSK SIGN PROGRAM
. SECTION 1 - AGREEMENT ~
1-1 RECITALS
This Agreement for professional services is a contract between the City of Poway,
hereinafter referred to as "City" and Rapid Signs and Graphics, hereinafter referred to
as Rapid Signs.
A. The City desires to retain technical and professional services to assist in
the administration and maintenance of the City's Poway Events Kiosk
Sign Program.
B. The City Council has approved the selection of Rapid Signs to assume
responsibility and conditions set forth herein:
THEREFORE, THE CITY AND RAPID SIGNS AGREE AS FOLLOWS:
SECTION 2 - GENERAL CONTRACTUAL TERMS AND CONDITIONS ~
2-1 TERMS
This contract will be between the City of Poway and Rapid Signs, who will be
responsible for performing all work and services described herein. The City of Poway
is not party to defining the division of work between Rapid Signs and subcontractors, if
any, and the specifications have not been written with this intent.
Rapid Signs represents that it has or will obtain all personnel and equipment required
to perform the services hereunder. Such personnel shall not be employees of the City
of Poway.
2-2 LEGAL RELATIONS
Rapid Signs shall defend and otherwise hold the City harmless from any and all claims,
complaints, and causes of action, of any nature whatsoever, arising from contractors
performance of the contract. The covenant contained herein applies to all sums paid
as a result of the above claims, including construction costs and reasonable attorney
fees, whether or not the matter results in judgment.
APR 1 8 1995 ITEM 20"
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2-3 TERMINATION
The City of Poway, may by written notice, stating the effective date, terminate an order
for convenience in whole or in part, at any time.
The City of Poway, may by written notice, terminate an order for Rapid Signs's default,
in whole or in part, at any time, if Rapid Signs refuses or fails to comply with the
provisions of this order, or so fails to make progress as to endanger performance and
does not cure such failure within a reasonable amount of time, or fails to make
deliveries of the materials or supplies or perform the services within the time specified
or any written extension thereof. In such event, the City of Poway may purchase or
otherwise secure materials, supplies or services and, except as otherwise provided
herein, Rapid Signs shall be liable to the City of Poway for any excess costs
occasioned the City of Poway thereby.
If after notice of termination for default, the City of Poway determines that Rapid Signs
as not in default or that the failure to perform this order was due to causes beyond the
control and without the fault or negligence of seller (including, but not restricted to, acts
of God or of the public enemy, acts of the City of Poway, acts of Government, fires,
floods, epidemics, quarantine restrictions, strikes, freight embargoes, unusually severe
weather, and delays of a subcontractor of supplier), termination shall be deemed for the
convenience of the City of Poway, unless it shall be determined that the materials,
supplies, or services covered by this order were obtainable by Rapid Signs, from other
sources in sufficient time to meet the required delivery schedule.
If the City of Poway determines that Rapid Signs has been delayed in the work due to
causes beyond the control and without the fault or negligence of Rapid Signs, the City
of Poway may extend the time for completion of work called for by this order, when
promptly applied for in writing. Sole remedy of Rapid Signs in event of a delay by
failure of the City of Poway to perform shall, however, be limited to any money actually
and necessarily expended in the work during the period of delay, solely by reason of
the delay. No allowance will be made for anticipated profits.
The timely installation and removal of the Poway Events sign panels is of major
importance to the success and use of the kiosk program. Should Rapid Signs be
deficient in meeting the agreed upon panel installation and removal time frame without
what the City may consider reasonable cause, three or more times within a one year
period the City, at it's option, may consider this contract null and void and solicit
requests for a new operator. The City, at it's option, may also withhold fifty (50) percent
of the requested payment per panel when the installation of the panels are delayed
seventy-two (72) hours or more past the requested delivery date.
The rights and remedies of the City of Poway provided in this section herein shall not
be excluded and are in addition to any other rights and remedies provided by law or
- under this order.
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2-4 CHANGE ORDERS
Change orders for material or services will be without effect unless issued and
authorized in writing by the City of Poway.
2-5 OTHER APPLICABLE LAWS
Any provision required to be included in a contract of this type by any applicable or
valid federal, state or local law, ordinance, rule or regulations shall be deemed to be
incorporated herein.
i SECTION 3 - PAYMENT ~
3-1 RAPID SIGNS REIMBURSEMENT
Upon delivery, installation, and successful operation by Rapid Signs, and subsequent
acceptance of the materials or service, by the City of Poway, an invoice, if required
shall be furnished, in duplicate by Rapid Signs for services rendered or materials
delivered to:
City of Poway Community Service Department
13202 Poway Road
Poway, CA 92064
3-2 NO WAIVER OF WARRANTY
Tests, inspections review of specifications or plans, payment, or acceptance by the City
of Poway do not constitute a waiver, modification, or exclusion of any express or
implied warranties or any rights under this contract or law.
The materials, supplies or services furnished shall be exactly as specified in this order,
free from all defects in design, workmanship and materials, and, except as otherwise
provided in this order, shall be subject to inspection and test by the City of Poway at all
times and places. If, prior to final acceptance, any materials, supplies or services are
found to be defective or not as specified, the City of Poway may reject them, require
Rapid Signs to correct them without charge. If Rapid Signs is unable or refuses to
correct such items within a time deemed reasonable by the City of Poway, The City of
Poway may terminate the order in whole or in part. Rapid Signs shall bear all risks as
to rejected materials, supplies and services and, in addition to any costs for which
Contractor may become liable to the City of Poway under other provisions of this order,
shall reimburse the City of Poway for all transportation costs, other related costs
incurred, or payments to contractor in accordance with the terms of this order for
unaccepted materials, supplies and services. Notwithstanding final acceptance and
payment, Contractor shall be liable for latent defects, fraud or such gross mistakes as
amount to fraud.
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SECTION 4 - SPECIFICATIONS
4-._11GENERAL SCOPE
Rapid Signs shall within 14 days of the execution of this Agreement, be prepared to
provide services as specified herein related to the creation, and scheduled installation
and removal of the sign panels for the five (5) preexisting Poway Events Kiosks that the
City has caused to be constructed. The kiosk sign panels and structures shall be
manufactured and maintained in accordance to the following specifications.
4-2 KIOSK STRUCTURES
The five pre-existing kiosk structures are a maximum of fifteen (15) feet high and a
maximum of six (6) feet wide. The structure shall be constructed from redwood or a
suitable alternative, subject to City approval, and consist of four six-inch by six-inch
posts with a doweled one and one-half inch (1.5") gap between posts. Each kiosk shall
have the words "Poway Events" sandblasted in a prominent location at the top of the
kiosk. The oak tree and mountain design adopted with this program shall be
incorporated into the top panel and painted in multiple shades of green. The color of
the kiosk structure shall be as follows: Support poles and the cross bar shall be a
Spanish Brown. The remainder of the structure shall be Navajo VVhite. The structures
shall be painted and maintained in an attractive manner free of flyers, staples, tape or
other materials that may be attached to the structures.
4-3 KIOSK SIGN PANELS
Sign panels may be authorized for the purpose of providing information on a wide
variety of community events. The sign panels will be time sensitive and will be allowed
in place no earlier that thirty (30) days prior to the event date being advertised (of the
last date in a continuous series of event dates).
a. Number. The maximum number of single-faced sign panels
allowed shall be three (3) per kiosk. Sign panels shall be single
faced.
b. Area and Dimensions. Sign panels shall be a maximum of 18
square feet in total area, and shall measure approximately 6 feet
horizontal length, by 3 feet in vertical height.
c. Specifications. Each structure shall consist of three painted,
three foot by six foot by 3/'4 inch medium density overlay board
exterior wood panels with smoothed edges and rounded corners
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d. Colors. All sign panel graphics and text shall be painted in any
single or combination of the following colors: Oxford Brown,
Medium Green 144, Dark Process Blue 154, or Cimmaron Red.
The background color is Navajo VVhite. Variations to these colors
shall be subject to City approval.
The design and colors of the kiosk structures and panels shall be
in conformance the approved theme.
e. Sign Copy. Each kiosk panel shall be limited to an area for
graphics or logo no greater than 25% of the sign panel area and
no more than a total of thirty-five (35) character spaces with
graphics or fifty (50) character spaces without graphics. The
helvetica letter style shall be used on all copy. Only minor size
variation will be permitted to accommodate text. Copy text may be
painted or consist of vinyl letters.
f. Letter/Numeral Sizes. All sign copy shall be limited to four letter
sizes:
3" Equals one (1) character space per letter
6" Equals two (2) character spaces per letter
8" Equals three (3) character spaces per letter
10" Equals four (4) character spaces per letter
g. Permitted Locations. Signs shall be located on designated City
Poway Events kiosk structures which are located near the following
intersections:
· Valle Verde Road and Espola Road
· Twin Peaks Road and Pomerado Road
· Pomerado Road and Scripps Poway Parkway
· Poway Road and Oak Knoll Road
· Highway 67 and Poway Road
h. Right of Entry. All kiosk structures which are placed on private
property must have prior written consent of the property owners to
allow the City, in the event of noncompliance, to enter said
property and remove the sign. A copy of said consent shall be filed
with the Planning Services and Engineering Services Department
prior to the acceptance of a sign permit application.
i. Unauthorized Alterations. There shall be no additions, tag signs,
attention-getting devices, or other appurtenances added to the sign
as approved. Violation of this section may result in the removal of
the violators kiosk panels.
APR 1 8 1995 t'i'E~ 20
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j. Time Period. Rapid Signs agrees to install the contracted sign
- panels in the designated locations within ten (10) working days of
receiving a completed sign panel order form from the Community
Services Department. Rapid Signs also agrees to remove each
sign panel within five {5) working days after the date specified for
the sign panel removal or day of the activity.
4-4 PERMITS
Vendor shall obtain all sign and building permits from the City of Poway as may be
required for each kiosk, and shall pay any fees so required.
4-5 ADMINISTRATION
Administration of the Poway Events Program will be performed by the City. The City of
Poway Community Services Department shall handle all requests and reservations for
the Poway Events Kiosk Program. The Community Services Department shall be the
sole authorized entity to commission the execution of a sign panel and determine the
location and duration of each sign panel installation. All communication with clients
reserving and paying for sign usage shall be handled by the Community Services
Department. Rapid Signs shall invoice the City of Poway on a monthly basis for each
sign panel service provided, at the rates as agreed to herein, and in accordance with
- Section 3 - Payment, of this Agreement.
In accordance to the accepted bid, Rapid Signs may charge a fee for costs associated
with the preparation of the sign copy and installation and removal of the panels. A fee
may also be charged for costs necessary to maintain the kiosk structures and the
panels. The fee schedule shall be subject to approval by the City Council. The fees
established for this contract are as follows:
· For the execution, installation and removal of each 3' X 6' sign panel that
is to be retained by Rapid Signs for re-use, the fee shall be one hundred
twenty five dollars {$126.00) per panel.
· For the execution, installation and removal of each new 3' X 6' sign panel
which is to become the property of the client, following removal, for future
use, the fee shall be one hundred thirty five dollars ($135.00) per
panel.
· For the execution, installation and removal of five or more sign panels in
any twelve month period for any single client, the initial cost shall be one
hundred thirty five dollars ($135) per panel. New advertising, utilizing
the original panel(s), ordered thereafter shall cost shall be sixty five
_ dollars ($65) per panel with 50 percent paid in advance and the balance
paid as utilized.
APR 1 8 1995 I'i'F_i~l 20
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4-6 SIGN MAINTENANCE
It shall be the sole responsibility and liability of Rapid Signs to maintain, repair, replace
and repaint each kiosk structure and sign panel as necessary so that they remain in
good condition and repair. The condition of each structure should be noted with the
installation of new panels. Any deficiencies should be noted to City staff. Additionally,
at such time as the City notifies Rapid Signs that repairs are needed to a particular
kiosk structure or sign panel, Rapid Signs agrees that it shall promptly undertake all
steps necessary to repair or replace said kiosk structure or sign panel. Maintenance
shall be performed within five working-days, repairs within ten working days and
structure replacement within 15 working days of Rapid Signs' receipt of the notice.
Maintenance shall be billed at the agreed upon rate of thirty five dollars ($35) per
hour for time only. Materials will be charged on an at cost basis and shall include
sales tax.
4-.~.7 TERM
This Agreement shall be for a two-year period, after which time the City will review
Rapid Signs' compliance with the conditions of this Agreement and the appropriateness
of the fees charged. At the end of the two year period the contract may either be
renewed for an equal or extended time period or canceled.
To facilitate the announcement of community events not covered by the existing Poway
Events Kiosk Program, the City may require the construction and installation of a new
kiosk structure. The City, at its option, may elect to solicit bids for the construction and
installation of this structure from Rapid Signs or other sources to accomplish this task.
Rapid Signs agrees to service this structure as part of the Poway Events Kiosk
Program contract.
4-8 INSURANCE AND BONDING
Throughout the term of the contract, Rapid Signs agrees to maintain in full force and
effect the following:
a. Rapid Signs will make all necessary required Federal, State and
local reports, records and payments in connection with Social
Security, Unemployment Insurance and other charges and taxes.
Rapid Signs will also withhold from payroll such amounts for
insurance and government's taxes with respect to all persons
employed, in connection with maintenance and operation of the
City facilities. (See attached compensation insurance certificate)
b. Rapid Signs agrees to carry policies for general liability, property
damage and vehicle insurance in a minimum amount of $1,000,000
and shall by endorsement, name the City of Poway as an
additional insured on said policies.
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Prior to the commencement of any work associated with the kiosk program Rapid Signs
- shall file with the City all required certificates and endorsements.
SECTION $ - AUTHORIZATION ~
5-1 AUTHORITY
Each of the parties to this Agreement represents that the person signing on behalf of
such party has authority to do so.
5-2 RELATIONSHIP OF PARTIES
It is understood that the contractual relationships of Rapid Signs to the City of Poway is
that of an independent contractor, and all persons working for or under Rapid Signs are
their agents, servants and employees and are not agent, servants or employees of the
City of Poway.
IN WITNESS WHEREOF, the City and Rapid Signs have executed this Agreement as
of the date set forth herein.
CITY OF POWAY
James L. Bowersox, City Manager
Date:
RAPID SIGNS AND GRAPHICS
Jay Goldby, Owner
Date:
APR 18 1995 rT-'-~ 20
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COMPENSATION INSURANCE CERTIFICATE
Pursuant to Section 1861 of the State Labor Code, each Contractor to whom a Public
works contract has been awarded shall sign the following certificate and shall submit
same to the Poway Redevelopment Agency prior to performing any work on the
contract:
"1 am aware of the provisions of Section 3700 of the Labor Code which
require every employer to be insured against liability for Workmen's
Compensation or to undertake self-insurance in accordance with the
provisions of that Code, and I will comply with such provisions before
commencing the performance of the work of this contract."
Contractor (name and address)
Title:
Date:
Section 3700 of the State Labor Code reads as follows:
"Every employer except the State and all political subdivisions or
institutions thereof, shall secure the payment of compensation in one or
more of the following ways:
(a) By being insured against liability to pay compensation in one or more
insurers duly authorized to write compensation insurance in this state;
(b) By securing from the Director of Industrial Relations a certificate of
consent to self-insure, which may be given upon furnishing proof
satisfactory to the Director of Industrial Relations of ability to self-insure
and to pay any compensation that may become due to his employees."
APR 18 1995 !"' ~ 20
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GUARANTY
To the City of Poway, for
POWAY EVENTS KIOSK SIGN PROGRAM
The undersigned guarantees the construction and installation of the work included in
this project:
Should any of the materials or equipment prove defective or should the work as a
whole prove defective, due to faulty workmanship, material furnished or methods of
installation, or should the work or any part thereof fail to operate properly as originally
intended and in accordance with the plans and specifications, due to any of the above
causes, all within 12 months from the date of filing of the Notice of Acceptance by the
Director of Planning Services or assignee, the undersigned agree to reimburse the City
upon demand, for its expenses incurred in restoring said work to the condition
contemplated in said project, including the cost of any such equipment or materials
replaced and the cost of removing and replacing any other work necessary to make
- such replacement or repairs, or upon demand, by the City to replace any such material
and to repair said work will function successfully as originally contemplated.
The City shall have the unqualified option to make any needed placements or repairs
itself or to have such replacements or repairs done by the undersigned. In the event
the City elects to have said work performed by the undersigned, the undersigned
agrees that the repairs shall be made and such materials as are necessary shall be
furnished and installed within a reasonable time after the receipt of demand from the
City. If the undersigned shall refuse to comply with his obligations under the guaranty,
the Agency shall be entitled to all costs and expenses, including attorney's fees,
reasonably incurred by reason of the said failure or refusal.
Company
Owner signature
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