HomeMy WebLinkAbout14 - RFP for Bus Shelter ContractCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 14
May 8, 2007
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: City Manager's Office
Dave Kiff, Assistant City Manager
949 - 644 -3002, DKiff(cDcity.newport- beach.ca.us
SUBJECT: Bus Shelter Contract(s): Request for Proposals
ISSUE:
How should the City address bus shelters in the community?
RECOMMENDATIONS:
1. Direct staff to issue the attached Request for Proposals ( "RFP ") for a bus shelter
contractor;
2. Direct staff to convene a Stakeholder Group with specific neighborhood (CDM,
Newport Coast, Mariner's Mile, Newport Center, etc) representation to assist in the
preliminary evaluation of responses to the RFP.
DISCUSSION:
Bus Shelters in Newport Beach
The 35 bus shelters in Newport Beach are located on a map not attached here, but
available in the City Manager's Office. Twenty -nine of them have advertising. The
shelters are currrently maintained by three entities: Ravo Media (these shelters are
primarily in the Newport Coast), the City itself (in Corona del Mar) and Clear Channel
Outdoor (all other locations in Newport Beach). We have included photos of a few of
the more typical shelter designs in the attachments to this staff report. The following is
a brief summary of the City's history and current revenue from each entity:
Clear Channel Outdoor
On September 9, 1996, the City Council approved a five -year agreement with Metro
Display Advertising, Inc., to provide bus shelters. Metro Display Advertising was
acquired by Eller Media in 1998, and their name was later changed to Clear Channel
Outdoor. The agreement was extended for another five years in 2001, and was due to
Bus Shelter RFP
May 8, 2007
Page 2
expire on August 31, 2006. On December 27, 2006, Clear Channel and the City
executed an amendment to extend the term to March 31, 2007. Clear Channel
currently pays $60,000 /year total for 22 shelters in the City ($2,727 /shelter /year).
Ravo Media
When the City annexed the Newport Coast community, it also inherited seven bus
shelters along Pacific Coast Highway maintained by Ravo Media. A dispute arose
between the City and Ravo regarding whether these shelters were properly permitted
and, after some negotiation, the City settled the dispute with Ravo by entering into an
agreement with Ravo which allowed Ravo to keep the shelters at the current locations
until August 31, 2006. Ravo Media and the City then executed an amendment on
December 27, 2006, which extended the term to March 31, 2007. Ravo Media currently
pays $16,800 /year total for seven shelters ($2,400 /shelter /year).
Corona del Mar
In 2002, as part of the Corona del Mar Vision 2004 Plan, the Corona del Mar Business
Improvement District ( "BID ") and the City purchased and installed bus shelters along
Coast Highway in Corona del Mar. These bus shelters were part of a coordinated set of
street furniture which included special benches and trash receptacles. The BID
purchased the shelters at $7,832.75 /shelter, and the City paid for the shelters'
installation at the cost of $30,000 (total). Because of the design of these shelters, the
installation was much more expensive than for other types of shelters. These shelters
do not contain advertising. The City provides litter abatement to the shelters on an as-
needed basis and washes them down once a month at the cost of approximately
$1,800 /year for 6 shelters ($300 /shelter /year).
Bus Shelters in other cities
City of Anaheim
The City of Anaheim currently has an exclusive license agreement with Clear Channel
Outdoor. Prior to Clear Channel, Viacom Outdoor installed and maintained Anaheim's
bus shelters. At that time, the bus shelters were simple brown shelters with two
advertising panels. When the contract with Viacom expired, the City of Anaheim
decided to upgrade their bus shelters and issued a Request for Proposal for bus
shelters. Of the three proposals Anaheim received, Anaheim selected Clear Channel
because their proposal provided for the highest percentage of ad revenue return to
Anaheim. Clear Channel installed new bus shelters with green wire mesh benches and
matching trash receptacles, and currently has 130 bus shelters in Anaheim, out of 630
bus stops. Clear Channel may add more shelters, subject to Anaheim's approval.
Anaheim has the option to use up to 10% of the bus shelter ad space for public service
messages, provided that Anaheim must reimburse Clear Channel for that space if there
had been demand for that ad space. The contract term is 15 years, with three 5 year
renewals, and commenced on November, 2003. Anaheim receives 15% of gross
Bus Shelter RFP
May 8, 2007
Page 3
advertising revenue, or approximately between $60,000 and $72,000 /year
($462 /shelter /year - $554 /shelter /year) from its contract with Clear Channel.
Anaheim Resort Transit
The 34 Anaheim Resort Transit ( "ART ") bus shelters serve the buses that shuttle
between Disneyland, California Adventure, Anaheim Convention Center and various
hotels. The specially designed shelters cost $30,000 /piece and contain no advertising.
ART management estimates that each bus shelter costs about $21 /day to maintain, or
$7, 665 /shelter /year.
City of Coronado
The City of Coronado designed its own bus shelters for placement along the Strand.
The shelters are made of large metal tubes, with backside screens and a roof. The
screens display art with the theme 'What You Can See from the Strand." Currently,
there are five shelters, about six years old, which are all maintained by the City. The
Coronado Public Service department maintains the bus shelters. None of the bus
shelters contain advertising space.
Citv of Costa Mesa
The City of Costa Mesa has an agreement with Clear Channel Outdoor, which
maintains about 73 bus shelters in Costa Mesa. When the previous contract with Clear
Channel expired, Costa Mesa issued an RFP. Costa Mesa received two proposals, and
subsequently selected Clear Channel Outdoor based on its revenue offer. The
agreement provides that Clear Channel shall pay to Costa Mesa the greater of
$94 /shelter /month ($1,128 /shelter /year) or 25% of gross advertising revenues. The
agreement commenced in 2003. This agreement is Costa Mesa's 3'd 5 year agreement
with Clear Channel. Costa Mesa receives approximately $100,000 /year from its
contract with Clear Channel Outdoor. In addition, Clear Channel maintains Costa
Mesa's non -ad shelters as well, a service which used to cost Costa Mesa approximately
$36,000 /year.
City of Huntington Beach
Huntington Beach has an exclusive franchise agreement with Signal Outdoor, which
used to be Culver /Amherst. Currently, the City of Huntington Beach is in the process of
updating their franchise agreement.
City of Long Beach
The City of Long Beach contracts with Viacom Outdoor for bus shelters. Long Beach
gets approximately $360,000 /year from 149 shelters ($2,416 /shelter /year). They
currently have a 5 year contract, which expires in December, 2007.
Bus Shelter RFP
May 6, 2007
Page 4
Future of Bus Shelters in the City
The City has the following options after the current bus shelter agreements expire
1. One Bus Shelter Contractor - One contractor would provide more consistency in the
bus shelter appearance. So long as the City selects a reputable contractor, then
having one contractor would facilitate the administration of the bus shelter contracts.
2. Multiple Contractors — The City currently has more than one contractor now. For the
sake of uniformity, most cities do not have more than one contractor, and in fact,
prior to the Newport Coast annexation, the City also only dealt with one contractor.
Having multiple contractors may be logical in a larger city, but again, most cities
typically contract with only one.
3. City- Maintained Shelters - The City would have control over the look of the shelters,
so they would be more attractive. However, there is no revenue associated with this
plan, and some cost (NOTE: Staff is not proposing that shelters like those placed in
CDM have advertising added to them — the current structure seems to work well
there and have significant community support).
City staff recommends contracting with one bus shelter operator, and selecting this
operator via the RFP. Because several community groups (such as the Newport Coast
Advisory Committee) have expressed interest in participating in any City decision
regarding bus shelters, the Council may also wish to consider directing staff to
designate an RFP Review Stakeholder Group (including residents representative of
interest areas) to review the responses to the RFP and to assist staff in making a formal
recommendation back to the City Council. .
Submitted by:
Dave iff, Assistant City Manager
Attachments:
"A" - Bus Shelter Spreadsheet
"B" - Request for Proposal for Bus Shelter Installation and Maintenance
"C" - Map of Shelter Locations — see Assistant City Manager Kiffs office
"D" - Photos of Newport Beach Bus Shelters
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Attachment "A"
Bus Shelter Spreadsheet
i # of Shelters
$/Shelter[Year
$ Total[Year
City of Newport Beach
. ...........
Clear Channel
$ 2,727.00
i $ 60,000.00
....
T-
- ------------
Ravo Media
.22
$ 2,400.00
! $ 16,80000
Mar
6
(300.00)
i $ (1,800.00)
(does not include cost of installation)
City of Anaheim
15% of gross
advertising revenue
1:
i
(about $462.00 -
$60,000.00 -
Clear Channel
130
$554.00)
$72,000.00
_
--Ainaheirin Resort Transit
34
$ (7,665.00)
$(260,610.00)
(no advertising) -
. ... . . .. ... .... . .....
-----
(no advertising)
-- -------- ..... .. .
City of Costa Mesa
............
$1,128.00 or 25% of
gross advertising
Clear Channel
. .... .... ...... ... . . . .......
revenue, whichever is approximately
73 greater $100,000.00
m percentage of gross revenue)
. . .............. .... ..... ... . ..
. ....... ............. - ------
City of Huntington Beacli----
-------
Signal Outdoor
.in the process of updating their bus shelter ordinance
...... .......
City of Long Beach
F
Viacom Outdoor
149
$ 2,416.00
$ 360,000.00
j
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ATTACHMENT "B"
CITY OF NEWPORT BEACH
REQUEST FOR PROPOSALS
BUS SHELTER PROGRAM
Deadline for Proposals
2007 at 4:00 PM
REQUEST FOR PROPOSALS (-RFP ")
Bus Shelter Program
The City of Newport Beach ( "City ") invites all qualified firms to submit
proposals for a five (5) year agreement with one (1) additional five (5) year
renewal, for the installation, maintenance and operation of bus shelters
benches and trash receptacles. The five (5) year renewal will be awarded
based upon the satisfactory completion of the initial five (5) year term.
The City expects that installation, maintenance and operation of all bus
shelters will be completed by the selected bus shelter contractor in exchange
for granting the contractor the exclusive right to place advertising on or
within the bus shelters, subject to approval by the City.
I. RFP TERMS AND CONDITIONS
A. This RFP does not commit the City to award a contract. No other
party, including any proposer, is intended to be granted any
rights hereunder. Proposals which, in the sole discretion of the
City, do not meet the minimum requirements, including without
limitation the minimum proposal submission requirements, will
not be reviewed. This RFP and the process it describes are
proprietary to the City and are for the sole and exclusive benefit
of the City.
Any response will become the property of the City and, if
required by law, may be subject to public disclosure by the City
or any authorized agent of the City. Proposers must identify all
copyrighted material, trade secrets or other proprietary
information that the proposers claim are exempt from the
California Public Records Act. In the event a proposer claims
such an exemption, the proposer is required to state in the
proposal the following: "The proposer will indemnify the City
and its officers, employees and agents and hold them harmless
from any claim or liability and defend any action brought against
them for their refusal to disclose copyrighted material, trade
secrets or other proprietary information to any person making a
request thereof." Failure to include such a statement shall
constitute a waiver of a proposer's right to exemption from this
disclosure.
B. The City is not liable for any costs associated with the
development, preparation, transmittal or presentation of any
proposal or material(s) submitted in response to this RFP.
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C. It shall be the proposer's responsibility to review and verify the
completeness of its proposal. Proposers will not be allowed to
alter proposal documents after the date due for submission.
The City may request to inspect properties or contact clients
referenced in the proposer's proposal. The City also reserves the
right to conduct investigations with respect to the qualifications
of an proposer.
D. Verbal communication made by any City employee or agent of
the City with respect to this RFP is not binding and shall not in
any way be considered as a commitment by the City. Only
written responses to questions submitted in writing to the City or
written addenda to this RFP issued by the City may be relied
upon.
E. City employees and officials are prohibited from responding to
this RFP or being a party, direct or indirect, to any contract
resulting from the RFP, and no proposal shall be accepted from,
or contract awarded to, any City employee or official who
submits a proposal or solicits any contract in which he or she
may have any direct or indirect interest. No proposer may
submit more than one proposal pursuant to this RFP. Entities
that are legally related to each other or to a common entity may
not submit separate proposals. Any proposal may be rejected
because it, in the City's sole judgment, violates these conditions
or the spirit of these conditions.
F. The City reserves and may exercise the following rights and
options with respect to evaluation of proposals and selection for
negotiation:
1. To reject any and all proposals and re -issue the RFP at any
time prior to execution of a final contract if, in the City's
sole discretion, it is in the City's best interest to do so;
2. To supplement, amend, substitute or otherwise modify this
RFP at any time prior to selection of one or more
respondents for negotiation and to cancel this RFP with or
without issuing another RFP;
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3. To accept or reject any or all of the items in any proposal
and award the contract in whole or in part if it is deemed
in the City's best interest to do so;
4. To reject the proposal of an proposer that, in the City's
sole judgment, has been delinquent or unfaithful in the
performance of any contract with the City or other
government entity, is financially or technically incapable or
is otherwise not a responsible proposer;
5. To reject as informal or non - responsive any proposal
which, in the City's sole judgment, is incomplete, is not in
conformity with applicable law, is conditioned in any way,
deviates from this RFP or contains erasures, ambiguities,
alterations, or items of work not called for by this RFP;
6. To waive any informality, defect, non - responsiveness
and /or deviation from this RFP that is not, in the City's sole
judgment, material to the proposal;
7. To make corrections or amendments due to errors
identified in proposal by the City or the proposer. This
type of correction or amendment will only be allowed for
errors such as typing, transposition or any other obvious
e rro r;
8. To permit or reject, at the City's sole discretion,
amendments (including information inadvertently omitted),
modifications, alterations and /or corrections of proposals
by some or all of the respondents following proposal
submission; and
4. To request that some or all of the proposers modify
proposals based upon the evaluation of the City.
G. The City may enter into negotiations for a contract, on terms and
conditions satisfactory to the City with one or more selected
proposer(s). However, the City reserves the right to terminate
any negotiations at any time or conduct simultaneous,
competitive negotiations with multiple proposers. The City
reserves the right to negotiate acceptable terms in an otherwise
unacceptable proposal. Such terms may include but shall not be
limited to contract requirements, compensation, service level
agreements, detailed scope of work specifications, ordering,
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invoicing, delivery, receiving and payment procedures, etc., in
order to insure successful administration of the contract. Such
negotiations may result in changes in terms material to this RFP;
in such an event, the City shall not be obligated to inform other
proposers of the changes, or permit them to revise their
proposals accordingly, unless the City, in its sole discretion,
determines that doing so and permitting such is in the City's best
interest. Should negotiations not prove satisfactory with the
selected proposer(s), the City reserves the right to discontinue
negotiations. Additional firms may be asked to enter into
negotiations, and /or the City may solicit new proposals.
H. The City anticipates that the agreement will include the following
provisions:
1. The term of the agreement shall be for a period of five (5)
years from the effective date of the contract.
2. The City may award one (1) additional five (5) year
extension. The extension will be awarded on the basis of
compliance with all terms and specifications of the
agreement.
3. Prior to the execution of the agreement, the selected
proposer will be required to supply a bond to ensure the
faithful performance by the proposer of all conditions,
provisions, and requirements of the agreement. The City
will be authorized, in the event the proposer fails to cure a
breach of the agreement after notice from the City, to
cause the necessary work to be done and collect the cost
from the security bond. The security bond shall be
maintained throughout the term of the agreement.
Notwithstanding the foregoing, the City reserves the right to
negotiate and change any provision of the agreement, including
the terms referenced in this Section.
II. BUS SHELTERS
Details of the design, fabrication, installation and maintenance of the bus
shelters, with amenities for the public in the form of street identification
signage, seating, public service information and protection from inclement
weather, will be required.
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The proposer's bid must include the specifications of its bus shelters. Public
Works shall review and approve proposer specifications.
Each proposal must include a detailed description of how the proposer plans
to fulfill the terms and conditions of the work as described in this Section of
the RFP. The description should include any commitments to improve
design, technology and /or services during the term of the agreement.
Design
The primary goal of the bus shelter program is to augment and improve the
appearance and quality of street furniture on City streets.
All components of the bus shelters must be fabricated of high quality,
durable and vandal- resistant materials. Painted structures should have no
less than a baked on porcelain enamel finish or better. To the maximum
extent feasible, all surfaces of the bus shelters that are accessible to the
public must be graffiti resistant. Adequate illumination of transit shelters
(average of vertical one foot candle) and adjacent sidewalk must be
provided.
The proposer may submit a program based upon one or more proposer
developed designs. The City encourages the proposer to create several
modifications for different sidewalk widths and for high bus ridership.
Shelters shall be illuminated from dusk until dawn.
Placement
The bench or shelter shall also be placed to allow on the sidewalk an
unobstructed pedestrian travelway of six (6) feet minimum, unless bicycles
are permitted on that sidewalk, in which case the bench or shelter shall be
placed to allow on the sidewalk an unobstructed pedestrian or bicycle
travelway of eight (8) feet minimum.
The bench or shelter structure shall be placed in accordance with Orange
County Transportation Authority requirements. In addition the bench or
shelter's placement shall comply with any local, state or federal regulations
and requirements.
Trash Receptacles
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Each proposer is required to supply and maintain a trash receptacle at every
shelter site. Trash receptacles shall be integrated into the design of the
bench or shelter. The receptacle should be placed peripheral to or in
conjunction with the shelter structure. Trash receptacles shall be included in
normal shelter maintenance. It is the responsibility of the proposer to
adhere to patent, copyright, and trademark rights of manufacturers.
Utilities
The selected proposer shall pay all costs that may become due for electrical
energy supplied to the shelters and shall keep City indemnified against any
and all such costs. The proposer shall indicate, as a condition of its building
permit, what energy source shall be supplied to the shelter.
III. INSTALLATION/ REMOVAL
Installation
Shelters, benches and trash receptacles shall be installed only at those site
locations provided by the Director of Public Works. The placement of all
shelters, benches and trash receptacles must be coordinated with other
sidewalk structures and must be ADA compliant. A list of current shelter
locations is attached hereto as Exhibit "A ". The Director of Public Works may
add additional locations to that list at a later date.
No bench or shelter shall be permitted to block existing business signs on
neighboring property, located over storm drain openings or similar
structures, located so as to interfere with the growth of parkway trees, or
located less than fifteen (15) feet from any driveway, driveway apron or
curb cut.
The City requires that the proposer develop a build -out plan that will cause
the least disruption in service to bus riders. All work will be done in
accordance with the Uniform Building Code and all street disruption will
follow the Work Area Traffic Control Handbook guidelines. Quality
workmanship shall be employed at all times.
After the installation or removal of any bus shelter, the sidewalk immediately
under or adjacent thereto shall be restored to a condition conforming to the
City's standard by the proposer at the proposer's sole expense.
The selected proposer shall install any requested bench or shelter within
thirty (30) days from the date the Director of Public Works requests such an
installation. Failure to do so shall be grounds for liquidated damages or
termination of the agreement.
The proposer shall obtain all requisite permits and licenses, including
encroachment, building and electrical permits, from the City prior to
construction of each individual shelter.
Removal /Relocation
During the term of the agreement, City may direct the selected proposer to
remove or relocate bus shelters if it is found that the structure is not
maintained to the agreed upon level of maintenance as set forth in the
agreement, if it is in the way of new construction, to address security
concerns, because City determines that an upgraded shelter without
advertising is better suited for that location, or any other reasonable
challenge to its location. The selected proposer shall also remove any bench
or shelter which interferes in any way with the construction, maintenance, or
repairs of any public utilities, public works or public improvements or
changes in the transit district service routes of any description.
The selected proposer, if required to remove the shelters or benches, shall
restore the respective sidewalks and curbs to their proper and original
condition. The cost of such removal and restoration shall be borne by the
selected proposer.
The bus shelters will remain the property of the selected proposer
throughout the term and upon expiration of the agreement. On expiration
or earlier termination of the agreement, the City may elect to have the
proposer remove any or all of the bus shelters, and restore their sites to
their property condition, all at proposer's sole expense.
IV. MAINTENANCE
The selected proposer shall, at its sole expense, maintain the bench, shelter
or trash receptacle in a neat, attractive, safe and sanitary manner at all
times during the term of the agreement, or any extension thereof. Each
bench, trash receptacle or shelter shall be cleaned not less than two (2)
times per week. Notwithstanding the foregoing, where the required
maintenance is not sufficient, the proposer shall increase the frequency of
maintenance.
The proposer shall also be responsible for collecting refuse from any trash
receptacle incorporated into or adjacent to the bus shelter or bench, each
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time the structure is cleaned or more often if needed. Sidewalks
surrounding the bus shelter shall be steam - cleaned at least once quarterly,
or more frequently if required by City. Bus shelters must be painted at least
once every eight (8) years. This requirement may be waived by the Public
Works Director upon written request.
Maintenance of the bus shelters and benches by the proposer shall include
inspecting, cleaning, removing graffiti from the structures on at least two (2)
non - consecutive days each week, or more as deemed necessary by Public
Works. All visible roofline must be maintained to the same standard as the
remainder of the shelter structure.
Any damaged, defective, defaced, vandalized or worn out part of the bench
or shelter that the proposer is required to maintain shall be repaired or
replaced by the proposer within forty -eight (48) hours following discovery by
the proposer, or receipt of notice thereof, whichever is earlier.
Maintenance also includes timely removal of debris in and adjacent to the
bus shelters and preventive maintenance. Repairs necessary to ensure
public safety, as determined by the City, shall be performed by the proposer
within twenty -four (24) hours of notification by City.
V. COMPLAINT AND RESPONSE PROCEDURES
City will require the selected proposer to establish a maintenance and
operations headquarters for the term of the agreement. All transit shelters
shall conspicuously display the name, address and telephone number of the
proposer's maintenance and operation headquarters to which the public may
direct complaints, comments and concerns about the maintenance and
operation of the bus shelters during the term of the agreement. The
proposer shall respond immediately to any such complaints. The proposer
shall be responsible for compiling and providing the City, quarterly, with a
log of public complaints along with a documented and detailed account of
proposer's response.
VI. ADVERTISING POLICY
The proposer is required to submit a copy of their company's Standard
Advertising Policy and Practices, and to submit a list of their major
advertising clients. The City has the following limitations on advertising in
its rights -of -way:
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1. Arrows or directions to a location shall be prohibited;
2. Symbols, images, and language deemed offensive by the City shall be
prohibited;
3. No advertising of tobacco products or alcoholic beverages shall be
permitted;
4. No advertising shall display or depict any specified sexual activity or
specified anatomical area which are obscene matters as defined in
California Penal Code Sections 311 through 312.5 inclusive, and as
determined by a court;
5. The maximum allowable advertising copy shall be two (2) twenty -four
(24) square foot panels, maximum six (6) feet in height for bus
benches /shelters;
6. No advertisement or sign on any shelter shall display any word,
phrase, symbol or character likely to interfere with, mislead or distract
traffic, or conflict with any traffic control device; and
7. No more than five percent (5 %) of the shelters shall be devoted to one
(1) political candidate, campaign or ballot measure.
VII. COMPENSATION
Per Shelter Compensation
The proposer shall make an offer of a flat fee per shelter per month. All
payments shall be supported by a statement of account showing all bench or
shelter locations.
The selected proposer shall make payment to City on a monthly basis, due
on the first (15C) of each month, such payment to commence thirty (30) days
from the date of issuance of an encroachment permit for the installation of
each bench or shelter.
The City intends to grant the bus shelter contractor an initial five (5) year
term, with one (1) additional five (5) year option period. The City will
reserve the right to terminate the bus shelter agreement at any time in the
event of the selected proposer's non - performance or default of the
agreement terms.
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Shelters for City Messages
As part of its proposal, the proposer shall also offer to furnish, install and
maintain, at City's request, up to five (5) shelters without commercial
advertising. These shelters shall be outfitted at no cost to City with
advertising kiosks dedicated solely for public service or City generated
messages.
VIII. INSURANCE
The selected proposer must meet all the insurance requirements required by
the agreement. (See Exhibit "B" for insurance language.)
All proposers are encouraged to contact their insurance carriers during the
review of qualifications stage to ensure that the insurance requirements can
be met if the proposer is selected for negotiation of a contract.
IX. QUALIFICATIONS
Proposers must provide information regarding its relevant experience and
knowledge of the street furniture industry and outdoor advertising media.
Each proposal must include a narrative setting forth the background,
experience and qualifications of the proposer, including a list of previously
completed or ongoing work that is similar to the work described in this
proposal. Each proposal must also include references with the following
information: the municipality, contact person, title, and telephone number.
In addition, the proposer may include information in forms such as video,
photographs, etc., to demonstrate its existing structures in operations at
other cities or localities.
Proposers must also provide the following:
1. an organizational outline or chart identifying the names and
titles of project team members, reporting relationships within
the team, a resume or summary of qualifications of each team
member and what function they will be performing or for which
they will be responsible;
2. a description of maintenance and operational services to be
provided over the term of the agreement. Proposers must
describe where and how it will organize in the Orange County
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area in order to demonstrate its capacity to respond specifically
to this City's maintenance and operational needs;
3. the anticipated number of staff to be employed to conduct the
maintenance and operation services;
4. evidence of successfully operating and managing a similar type
of business for a minimum of three (3) years;
5. fiscal solvency and capacity to build the bus shelters. Proposers
must submit certified audited financial statements for its two (2)
most recent completed fiscal years; and
6. the completed Contractor Application (Exhibit "C ").
Proposers must not be currently indebted to the federal government, State
of California, or the City of Newport Beach for non - payment of taxes, fines,
judgments, liens, or fees.
The proposer or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such
persons to disclose any financial interest that may foreseeably be materially
affected by the work to be performed pursuant to this RFP, and (2) prohibits
such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
If subject to the Act, the proposer shall conform to all requirements of the
Act. Failure to do so constitutes a material breach and is grounds for
immediate rejection of the proposer's proposal, or, if the agreement is
already entered into with the proposer, immediate termination of that
agreement by City. The proposer shall be required to indemnify, defend and
hold harmless City for any and all claims for damages resulting from the
proposer's violation of this provision.
The proposer awarded the contract must be the prime contractor performing
the primary functions of the contract for a total of fifty -one percent (51 %) of
the contract. If any portion of the contract is to be subcontracted, it must
be clearly set forth in the proposal document as to what part(s) is to be
subcontracted, the reasons for the subcontracting and a listing of
subcontractors. The City reserves the right to reject any proposal wherein
use of subcontractors significantly affects the ability of the proposer to
function as the prime contractor on the awarded contract. The prime
contractor shall at all times be responsible for the acts and errors or
omissions of its subcontractors or joint participants and persons directly or
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indirectly employed by them. Acceptance or rejection of a proposer's
request to use subcontractors is at the sole discretion of the City. Upon
written request from the City, the proposer shall supply the City with all
subcontractor agreements.
Additional copies of this RFP, as well as copies of documents referenced in
this RFP, may be obtained online at www. city. newport- beach. ca. us. Copies
may also be obtained at the Revenue Division, City of Newport Beach, 3300
Newport Blvd., Newport Beach, CA 92658 -8915.
X. PROPOSAL INSTRUCTIONS
Submission Date and Requirements
One original and five unbound copies of completed proposals must be
submitted to:
Evelyn Tseng
Revenue Division
City of Newport Beach
3300 Newport Blvd.
P.O. Box 1768
Newport Beach, CA 92658 -8915
The following conditions apply to this submission:
• Proposals must be submitted by 4:00 PM, on _, 2007.
• Proposals must be signed, in ink, by an individual duly authorized to
bind the proposer and must be sealed and labeled on the cover with
the RFP title and proposer's name.
• Proposals must be 1 1/2 spaced (or double- spaced) and in a font size
of 12 or larger. Proposals typed single- spaced or in a font size
smaller than 12 will not be accepted.
• Please do not bind your proposals using binders, laminates, press -
bindings, spiral bindings. or similar. Proposals should be simply
stapled or clipped together to avoid excess packaging.
• Proposals or proposal components will not be accepted via facsimile
(fax) transmission.
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• The address given in the proposal response shall be considered the
legal address of the contractor and shall be changed only by written
notice to the City. The contractor shall supply an address to which
certified mail can be delivered.
• Proposals shall remain binding for one hundred eighty (180) days from
the date of proposal submission.
• The City reserves the right, at its sole discretion, to reject and return,
without evaluation, any proposal received after the proposal
submission time and date, whether it is delivered by mail or otherwise.
An attendance optional pre - proposal conference to receive questions from
prospective proposers regarding this RFP will be held on
_, 2007 at a.m. at
XI. REVIEW OF PROPOSAL RESPONSES
Review process
All proposals received by the deadline will be evaluated by a committee
( "Review Committee ") established by the City Manager or his designated
representative. Upon the review and discussion of the quality and
responsiveness of the proposals received, the Review Committee will make
recommendations to the Newport Beach City Council.
The City discourages any proposer's advocacy before Members of the City
Council until such time as the Review Committee has brought forth its
recommendation to the City Council.
Notification of Awards
The successful proposer will be required to execute the Bus Shelter
Agreement with the City, which is subject to formal approval by the Newport
Beach City Council.
EXHIBITS
A. List of current Bus Shelters
B. Summary of Insurance Requirements
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C. Contractor Application Form
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Exhibit "A"
Clear Channel locations
1. Coast Highway @ Orange Street (e /b)
2. Coast Highway @ Prospect Street (e /b)
3. Coast Highway @ West Newport Park (e /b)
4. Coast Highway @ Superior Avenue (e /b)
5. Newport Boulevard @ Hospital Road (n /b)
6. Newport Boulevard @ Hospital Road (s /b)
7. Ocean Front @ Washington Street (e /b)
8. Balboa Boulevard @ 23`d St. (w /b)
9. Balboa Boulevard @ 32nd St. (w /b)
10. Balboa Boulevard @ River Avenue (w /b)
11. Balboa Boulevard @ 46th St. (e /b)
12. Campus Drive @ MacArthur Boulevard (e /b)
13. MacArthur Boulevard @ Birch St. (s /b)
14. MacArthur Boulevard @ Bowsprit (s /b)
15. Dover Drive @ Coast Highway (n /b)
16. Dover Drive @ 16th St. (n /b)
17. Newport Center Drive @ Newport Center Drive (s /b)
18. Irvine Avenue @ Mesa Drive (n /b)
19. San Nicolas Drive @ Newport Center Drive (e /b)
20. Westcliff Drive @ Irvine Avenue (e /b)
Ravo locations
1. Pacific Coast Highway @ Crystal Heights Drive (s /b)
2. Pacific Coast Highway @
Crystal Heights Drive (n /b)
3. Pacific Coast Highway @
Crystal Cove (s /b)
4. Pacific Coast Highway @
Los Trancos (n /b)
5. Pacific Coast Highway @
Newport Coast Drive (s /b)
6. Pacific Coast Highway @
Reef Point (s /b)
7. Pacific Coast Highway @
Reef Point (n /b)
CDM City installed and maintained shelters
854 Avocado Avenue - on Coast Highway adjacent to the Corona del Mar
Plaza
3300 Coast Highway - adjacent to Bank of America
2201 Coast Highway - adjacent to Unocal 76 Station
3201 Coast Highway - adjacent to Bandera Restaurant
Coast Highway - adjacent to the Five Crowns Restaurant parking lot
3748 Coast Highway - adjacent to Cote Realty
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Exhibit "B"
INSURANCE REQUIREMENTS
A. Hold Harmless. To the fullest extent permitted by law, the contractor
shall indemnify, defend and hold harmless City, its City Council, boards
and commissions, officers, agents and employees (collectively, the
"Indemnified Parties ") from and against any and all claims (including,
without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action,
suits, losses, judgments, fines, penalties, liabilities, costs and
expenses (including, without limitation, attorney's fees, disbursements
and court costs) of every kind and nature whatsoever (individually, a
Claim, collectively, "Claims "), which may arise from or in any manner
relate (directly or indirectly) to any work performed or services
provided under the agreement (including, without limitation, defects in
workmanship or materials and /or design defects) or contractor's
presence or activities (including the negligent and /or willful acts,
errors and /or omissions of the contractor, its principals, officers,
agents, employees, vendors, suppliers, consultants, subcontractors,
anyone employed directly or indirectly by any of them or for whose
acts they may be liable or any or all of them).
Notwithstanding the foregoing, nothing herein shall be construed to
require the contractor to indemnify the Indemnified Parties from any
Claim arising from the sole negligence or willful misconduct of the
Indemnified Parties. Nothing in this indemnity shall be construed as
authorizing any award of attorney's fees in any action on or to enforce
the terms of the agreement. This indemnity shall apply to all claims
and liability regardless of whether any insurance policies are
applicable. The policy limits do not act as a limitation upon the
amount of indemnification to be provided by the contractor.
B. Insurance. Without limiting the contractor's indemnification of the
City, and prior to commencement of work, the contractor shall obtain,
provide and maintain at its own expense during the term of its
agreement, a policy or policies of liability insurance of the type and
amounts described below and in a form satisfactory to City.
1. Certificates of Insurance. Contractor shall provide
certificates of insurance with original endorsements to City
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as evidence of the insurance coverage required herein.
Insurance certificates must be approved by City's Risk
Manager prior to commencement of performance or
issuance of any permit. Current certification of insurance
shall be kept on file with City's at all times during the term
of the agreement.
2. Signature. A person authorized by the insurer to bind
coverage on its behalf shall sign certification of all required
policies.
3. Acceptable Insurers. All insurance policies shall be issued
by an insurance company currently authorized by the
Insurance Commissioner to transact business of insurance
in the State of California, with an assigned policyholders'
Rating of A (or higher) and Financial Size Category Class
VII (or larger) in accordance with the latest edition of
Best's Key Rating Guide, unless otherwise approved by the
City's Risk Manager.
4. Coverage Requirements:
a. Workers' Compensation Coverage. Contractor shall
maintain Workers' Compensation Insurance and
Employer's Liability Insurance for his or her
employees in accordance with the laws of the State
of California. In addition, the contractor shall require
each subcontractor to similarly maintain Workers'
Compensation Insurance and Employer's Liability
Insurance in accordance with the laws of the State of
California for all of the subcontractor's employees.
Any notice of cancellation or non - renewal of all
Workers' Compensation policies must be received by
City at least thirty (30) calendar days (10 calendar
days written notice of non - payment of premium)
prior to such change. The insurer shall agree to
waive all rights of subrogation against City, its
officers, agents, employees and volunteers for losses
arising from work performed by the contractor for
the City.
b. General Liability Coverage. Contractor shall maintain
commercial general liability insurance in an amount
not less than One Million and no /100 Dollars
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($1,000,000.00) per occurrence for bodily injury,
personal injury, and property damage, including
without limitation, contractual liability. If
commercial general liability insurance or other form
with a general aggregate limit is used, either the
general aggregate limit shall apply separately to the
work to be performed under the agreement, or the
general aggregate limit shall be at least twice the
required occurrence limit.
C. Automobile Liability Coverage. Contractor shall
maintain automobile insurance covering bodily injury
and property damage for all activities of the
contractor arising out of or in connection with work
to be performed under the agreement, including
coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than One Million and
no /100 Dollars ($1,000,000.00) combined single
limit for each occurrence.
5. Endorsements. Each general liability and automobile
liability insurance policy shall be endorsed with the
following specific language:
a. The City, its elected or appointed officers, officials,
employees, agents and volunteers are to be covered
as additional insureds with respect to liability arising
out of work performed by or on behalf of the
contractor.
b. This policy shall be considered primary insurance as
respects to City, its elected or appointed officers,
officials, employees, agents and volunteers as
respects to all claims, losses, or liability arising
directly or indirectly from the contractor's operations
or services provided to City. Any insurance
maintained by City, including any self- insured
retention City may have, shall be considered excess
insurance only and not contributory with the
insurance provided hereunder.
C. This insurance shall act for each insured and
additional insured as though a separate policy had
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been written for each, except with respect to the
limits of liability of the insuring company.
d. Any failure to comply with reporting provisions of the
policies shall not affect coverage provided to City, its
elected or appointed officers, officials, employees,
agents or volunteers.
e. The insurance provided by this policy shall not be
suspended, voided, canceled, or reduced in coverage
or in limits, by either party except after thirty (30)
calendar days (10 calendar days written notice of
non - payment of premium) written notice has been
received by City.
6. Timely Notice of Claims. Contractor shall give City prompt
and timely notice of claim made or suit instituted arising
out of or resulting from the contractor's performance under
the agreement.
7. Additional Insurance. Contractor shall also procure and
maintain, at its own cost and expense, any additional kinds
of insurance, which in its own judgment may be necessary
for its proper protection and prosecution of the work.
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Exhibit "C"
CITY OF NEWPORT BEACH
CONTRACTOR APPLICATION FORM
TYPE OF PROPOSER:
Legal Contractual Name of Business:
Owner's Name:
Business Mailing Address:
City, State and Zip Code:
E -Mail Address
Phone:
General Business
❑ NEW ❑ CURRENT OPERATOR
Fax:
Contact Person for Business Operations:
Title: E -Mail Address for Business Operations
Business Telephone: Business Fax:
Fiscal
Contact Person for Fiscal Operations:
Title: E -Mail Address for Fiscal Operations
Business Telephone:
Is your business: (check one)
❑ NON PROFIT CORPORATION
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Business Fax:
❑ FOR PROFIT CORPORATION
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Is your business: (check one)
❑ CORPORATION ❑ LIMITED LIABILITY PARTNERSHIP
❑ INDIVIDUAL ❑ SOLE PROPRIETORSHIP
❑ PARTNERSHIP ❑ UNINCORPORATED ASSOCIATION
Names & Titles of Co- Owners, Partners, or Board Members
(Also list Names & Titles of persons with written authorization /resolution to
sign contracts)
Names Title Phone
Names and Titles of Business Officers
Names Title
Phone
Does business have any liens or claims?
(If so, please indicate by whom and specify lien or claim, including any tax
delinquencies)
Name of Company Claim Lien Amount
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Please provide the following:
Federal Tax Identification Number:
City of Newport Beach Business License Number:
(If none, selected vendor must obtain a Newport Beach Business License
prior to execution of contract.)
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