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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 4 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 I 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. N 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; 3 6 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, E 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. s 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 0 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 14 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: E a 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. io IS 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 11 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 iz i-7 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. 13 to • 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 is i9 C. Contractor Application Form 15 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 z 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 17 ............... 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 18 a =� ($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 19 �4 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. �-5 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 zi Business Fax: ❑ FOR PROFIT CORPORATION a -C 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 22 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.) 23 -� o q 9 — �jlt rs n 1 ' .` a 5y �....,aa �''.E.t •°T. n- r R � ,�''•' `4 S Y Lt i�'1' s. }- rvT.h`� 'X'+.".t^ .I r � 3 st N O •yif- 1 a+- 9 — �jlt rs n 1 ' .` a 5y �....,aa �''.E.t •°T. n- r R � ,�''•' `4 S Y Lt i�'1' s. }- rvT.h`� 'X'+.".t^ C� i YI i $ 1 rvS 1 I - 4 v { ^ r x ir 1p1p 1 0 k a i i 11 r � I neuuti�aa�, n \�� 17. Dv� I ItWl VO