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HomeMy WebLinkAbout1994-05-24 - AGENDA REPORTS - TRANSIT AMENITIES PGMAGENDA REPORT City Manager Item to be pre UNFINISHED BUSINESS V' DATE: May 24, 1994 SUBJECT: TRANSIT AMENITIES PROGRAM DEPARTMENT: Public Works Previously, the City Council authorized staff to continue the process to implement a program to provide for advertising and non -advertising Bus Stop Shelters, benches and trash receptacles throughout the City's transit system. Council further directed staff to ensure that there is a proportionate distribution of the amenities throughout commercial and residential areas of the City. Now before the Council is Phase I Placement of shelters. The attached contract with Bus Stop Shelters, Inc. reinstates and amends the contract initiated with Bus Stop Shelters Inc. in November 1991. As you may recall, this contract was voided In December 1991 due to Bus Stop Shelter Inc. bankruptcy proceedings. The company has however emerged from these proceedings and is capable of performing to the standards set forth in the contract. Key components of the contract are: Placement of 44 shelters City wide Revenue receipts of $35,000- first year Placement of 10 free units for City advertisement of events, PSA's etc, Weekly maintenance Repair service Placement of first shelter in 30 days Also presented for the City Council's consideration is a request to obtain formal proposals for the placement of bus benches and trash receptacles through the City's Transit System. Currently, the placement of benches in the City is handled by two firms through a permit process. This process currently provides for the placement of benches on an as needed basis with little formal input from the City. The RFP is intended to provide for the following: Further City discretion over placement Review of placement for safety purpose Continued To: -/ —� A� _' -- Item• Weekly maintenance and repair (including graffiti removal) Inventory Solicitation of advertising A fact sheet presented to the Council previously to reference key components of an advertising vs. non -advertising transit amenities program is again included for you review. RECOMMENDATION That the City Council; 1, Pending approval of the'City Attorney, authorize the City Manager to enter into agreement with Bus Stop Shelters, Inc. for the provision of advertising and non advertising shelters City-wide. 2. Authorize staff to distribute RFPs to appropriate vendors for provision of bus benches and trash receptacles City-wide. 3. Authorize the Finance Director to include $35,000 in revenue in account 01-3805 for the 1994-95 Budget ATTACHMENTS 1. Fact Sheet 2. Contract SK:tmm bump.agn FACT SHEET Bus Stop Shelters Bus Benches Trash Receptacles Potential # of Units 44 410 350 Potential Total 0$35,000 @$29,300 0$25,000 Revenue Annually to City Percent of 18% 13% 12% Revenue Realized by City Public Service Yes (2) Yes (20) Yes (TBA) Announcements Free Units Yes (10) Yes (TBA) Yes (TBA) (Quantity) Maintenance by Twice Once a Twice Agency Weekly/Emergency Month/Emergency Weekly/Emergency Call Out Call out Call out Cost if Maintained $48,472 $101,270 $86,450 by City/Cost per year Cost if Maintained $1,100 $247 $247 by City per unit Capital Outlay/City $5,600 per $900 per $100 per Provide per unit unit/$246,000 total unit/$369,000 total unit/$35,000 total Capital Outlay By 0 0 0 City/ Agency Provide Recycled Material Yes Yes Yes Available AGREEMENT FOR BUS SHELTERS THIS AGREEMENT, made and entered into this day of , 19 , by and between the CITY OF SANTA CLARITA, a municipal corporation of the State of California ("CITY") and METRO DISPLAY ADVERTISING, INC., d.b.a. BUSTOP SHELTERS OF CALIFORNIA, INC., a California corporation, ("CONTRACTOR"). This agreement formally restarts the provision of the contract initiated on November 21, 1991 with Bustop Shelters, Inc. WITNESSETH RECITAL: A. CITY needs bus shelters, hereinafter referred to as "shelter," at various designated bustop locations throughout the City. B. CITY desires to provide such shelters without incurring costs and expenses thereof. C. CITY has requested proposals for construction and maintenance of such shelters. D. CONTRACTOR represents that it is willing and qualified to provide such shelters under the terms and conditions hereinafter set forth. E. CITY is willing to provide CONTRACTOR with a right to construct, erect, install, repair, maintain and insure such shelters on city -owned property under the terms and conditions hereinafter set forth. WHEREFORE, in consideration of the respective and mutual covenants and promises hereinafter contained and made and subject to all of the terms and conditions hereof, the parties hereto and hereby agree as follows: 1. Grant of Right by CITY CITY hereby grants to CONTRACTOR, on the terms hereinafter described, the right to constrict, erect, install, repair, maintain and insure 44 advertising bus shelters at designated bus stop locations, said locations to be determined. Additional shelters may be supplied by CONTRACTOR with the consent of the City Manager. a. A time period of 30 days will be given for the construction of the first shelter. The remaining shelters to be completed within 90 days. 2. Fee Payable to CITY a. Upon signing of this contract, CONTRACTOR agrees to pay to CITY a one time fee of $750.00 per shelter for 44 shelters for a total sum of $ 33 joa)for initial placement of shelters. b. In consideration of the right granted hereby CONTRACTOR agrees to pay to CITY 18 % of the gross advertising revenues received by contractor for the rental of advertising space in and on the shelter, and in no instance shall said payment be less than a minimum of $65.00 Per month per shelter. Guaranteed monthly payment to increase after year one and each year thereafter by $12.50. C. All payments from CONTRACTOR to CITY shall be supported by a Statement of Account showing all shelter locations and revenues received, payments to be made on a quarterly basis. d. CONTRACTOR shall allow inspection of its books and records by City Officials during reasonable business hours to determine revenues due to CITY. C. Quarterly reports (unaudited) concerning gross advertising receipts derived from shelters with CITY shall be provided to the City Administrator of CITY within 30 days after the conclusion of each calendar quarter. f. CONTRACTOR shall provide 20 non -advertising benches of recycled plastic. This will be a ratio of one bench for every two advertising shelters. All non -advertising benches become the property of CITY upon installation. g. CONTRACTOR shall provide one non -advertising shelter to CITY for each group of ten advertising shelters installed. All non -advertising shelters become the property of CITY upon installation. 3. CONTRACTOR'S Services CONTRACTOR agrees, at its own cost and expense to perform as follows: a. Scope of Service. CONTRACTOR shall install 44 shelters in the CITY and upon City sidewalks at 44 locations. b. Time of Installation. CONTRACTOR shall install the first shelter within 30 days from and after the date of execution of this Agreement and shall install a total of 44 shelters within the 90 -day period following the execution of this Agreement. Bustop Shelters Contract - Page No. 2 C. Design of Shelters. Said shelters shall be so designed and constructed as to conform to CONTRACTOR'S drawing. Each shelter shall have displayed in a conspicuous place the name of CONTRACTOR. Any design changes shall be submitted to CITY for City's written approval at least 30 days prior to installation. CONTRACTOR shall obtain written approval of CITY's City Manager of all design changes before installation. d. Permit Requirements. CONTRACTOR shall obtain one master permit from CITY for all shelter locations. The contract shall include a drawing and site plans for each individual site. Detailed plans and specifications of the shelter and any other information will be included at the request of the City Manager. (1) A plan showing the proposed location of each bus shelter and such other information as the City Manager may require. (2) Detailed plans and specifications of the shelter. e. Permit Charge. CONTRACTOR shall pay any fees, costs and permit charges regularly assessed by CITY. Shelters shall be constructed in conformity with the Unifonn Building Code. f. City License. CONTRACTOR will obtain a license, under the proper classification for the CITY, before beginning any work. City business license will be renewed each year and remain in effect throughout the term of the contract. g.. Repair and Maintenance. CONTRACTOR shall maintain, repair, clean and serve the shelters., CONTRACTOR shall be at liberty to enter upon and into shelters at any reasonable time with personnel and all necessary materials, including but not limited to electric wires, meters, clock work machinery and other items reasonably necessary for making said shelter effective. All such work shall be performed at the sole expense of CONTRACTOR. Each shelter shall be cleaned, including graffiti and trash collected not less than once a week.. h. Solar Lighting System. All advertising bus shelters will be outfitted with solar lighting systems when possible. These solar units will illuminate both the advertising kiosk and the overhead lights. i. Electrical Service. All advertising bus shelters shall be illuminated every night of the week from dusk until dawn. CONTRACTOR will utilize solar power in the lighting of all amenities when possible. Bustop Shelters Contract Page. No, 3 j. Electricity. CONTRACTOR shall pay all sums that may become due for electrical energy supplied to the shelters and shall keep CITY indemnified against any and all such costs. k. Advertising. CONTRACTOR agrees that it shall utilize the shelters for advertising pursuant to the design diagram attached hereto as Exhibit "A". (1) No advertisement or sign on any shelter shall be displayed except in the area designated for advertising pursuant to design diagrams attached hereto as Exhibit "A". (2) No advertisement or sign on any shelter shall be displayed which would be offensive or objectionable to the public; or which advertises competing services or products within one block radius of real property primarily devoted to providing such services or products. Should CITY; in its sole discretion, determine any advertising on any shelter to be indecent or vulgar, CONTRACTOR shall remove all such advertising within 24 -hours after CITY serves notice upon CONTRACTOR requiring the removal of such advertising pursuant to this paragraph. (3) No advertisement or sign on any shelter shall display any work, phrase, symbol or character likely to interfere with, mislead or distract traffic, or conflict with any traffic control device. (4) CONTRACTORwillprovide two panels per month per year for the use of public service announcements. Additional space will be provided and rotated quarterly on a space available basis. (5) CONTRACTOR agrees to display no advertising which promotes the sale, use or consumption of alcohol or tobacco related products. (6) CITY shall receive advance review of any and all advertisements to be placed in shelters. Advertisement the CITY deems offensive, under reasonable conditions, will not be posted. 1. City Owned Shelters. CONTRACTOR shall maintain at no cost to CITY City's owned shelters on the same cleaning schedule as CONTRACTOR'S shelters. Bustop Shelters Contract - Page No. 4 M. Force Majeure. The time period in which CONTRACTOR is obligated under its agreement with the CITY to commence and complete construction of all shelters, benches, or other amenities as described in this proposal shall be extended for a period of time equal in duration to, and performance in the meantime shall be excused on account of and for and during the period of any delay caused by strikes, threat of strikes, lockouts, war, threats of war, insurrection, invasion, acts of God, calamities, violent action of the elements, fire, action or adoption of any regulation, law or ordinance by any governmental agency, precluding CONTRACTOR'S performance. n. Performance Bond. CONTRACTOR will provide a Certificate of Deposit in the amount of $10,000 in lieu of a letter of credit to secure faithful performance. This bond will remain in effect throughout the entire contract tern. o. Liquidated Damages. CONTRACTOR will pay $50.00 per day for each delinquent day in which CONTRACTOR does not perform as noted in the Construction Schedule, unless for reasons beyond control of CONTRACTOR and upon written City approval. 4. Site Location. The location of shelters shall be selected by CITY with the advice of CONTRACTOR and a memorandum as to the sites selected and agreed upon shall be marked Exhibit "B" attached hereto and incorporated herein by reference. Said Exhibit "B" may be amended as required for relocation of bus shelters at no cost to CITY. 5. Shelter Relocation CONTRACTOR under reasonable circumstances, will relocate any shelter, bench, or amenity at the direction of the CITY. Reasonable circumstances include, but are not limited to, but stop inactivity, bus route change, street construction and slight visibility hazards. CONTRACTOR shall not relocate or remove a bus shelter or bench without the CITY's written permission. Upon written notification of relocation by the CITY, CONTRACTOR will remove the bus shelter within 30 days and relocate it to a new location. The vacated location will be restored to a condition approved by the CITY. 6. Shelter Removal a, CONTRACTOR shall retain the right to remove any shelter upon 60 days notice to CITY in the event the Federal, State, municipal or other proper authorities should hereafter establish any rules, regulations or taxation which shall so restrict location, construction, maintenance or operation of the shelters as to substantially diminish the value of said shelters for advertising purposed, or in the event of "chronic vandalism," as hereinafter defined. Bustop Shelters Contract Page No. 5 b. In the event CITY fails to receive notice of renewal of the permit, or the comprehensive general liability insurance, on or before 20 days before the expiration date thereof, or in the event the comprehensive general liability insurance is cancelled and no evidence of equal coverage is filed with CITY on or before 20 days prior to the expiration date of the coverage, or upon termination of this, Agreement for any reason, CONTRACTOR agrees to remove immediately all of its shelters and if it fails to do so within 30 days after notice to do so is mailed by CITY, CITY shall have the right to remove said shelters and CONTRACTOR agrees to pay CITY, CITY's costs for such removal and site restoration. C. "Chronic Vandalism" shall be defined as damage inflicted to an individual shelter during any one year period which requires cumulative expenditures for replacement and repair that exceed the original cost of construction and installation of the shelter. d. Upon removal of any or all shelters erected by CONTRACTOR hereunder, all material shall be removed from the site, including, but not by way of limitation, all wires. The site shall be restored to the condition as it existed prior to installation of the shelters, including complete restoration of any sidewalk upon which said shelter was located. 7. Tenn The tern of this Agreement shall commence at 12:01 a.m., on the day following execution hereof by CITY and shall continue for a term of ten years unless previously terminated as hereafter provided. Upon termination under this Paragraph, or under Paragraph 8 below, CONTRACTOR shall forthwith remove its shelters from the City - owned property. By mutual consent, this contract may be extended for an additional ten year term. 8. Termination This agreement may be terminated by CITY, or CONTRACTOR with reasonable cause, upon giving the other party written notice thereofnot less than 30 days prior to termination. Upon termination, CONTRACTOR shall forthwith remove its shelters from the City -owned property.. CONTRACTOR shall restore sidewalks and surrounding area, as they existed prior to installation of the shelter, to their original condition at CONTRACTOR's cost and expense. Bustop Shelters Contract - Page No. 6 9.. Independent Contractor CONTRACTOR is an independent Contractor and not an employee of CITY. All construction and maintenance personnel shall be employees of CONTRACTOR and not employees of the CITY. CONTRACTOR shall pay all salaries and wages,, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes and shall be responsible for all reports and obligations respecting them. 10.. Insurance CONTRACTOR shall obtain at its sole cost and file with CITY's Clerk of the Council, prior to exercising any right or performing any obligation pursuant to this Agreement, and maintain for the period covered by this agreement, a policy or policies of liability insurance or a certificate of such insurance, satisfactory to the City Attorney of CITY, naming CITY, its officers, agents and employees as insured or additional insured, which provides coverage not less than that provided in the form of acomprehensive general liability for any and all claims and suits for damages or injuries to person or property resulting from or arising out of operations of CONTRACTOR, its officers, agents, or employees. Said policy or policies of insurance shall provide coverage for both bodily injury and property damage in not less than the following minimum amounts: Two million dollars ($2,000,000.00) liability coverage combined single limit. Said policy or policies shall also contain a provision that no termination, cancellation or change of coverage or of insured or additional insured shall be effective until after 30 days notice hereof has been given in writing to CITY. CONTRACTOR shall give to CITY prompt and timely notice of claim made or suit instituted arising out of CONTRACTOR's operations hereunder. CONTRACTOR shall procure and maintain, at its own cost and expense, any additional kinds and amounts of insurance protection in the prosecution of the work. 11. Representatives and Notices The CITY's City Manager shall be the representative of the CITY for purposes of this Agreement and may issue all consents, approvals, directive, or agreements on behalf of CITY called for by this Agreement except as otherwise expressly provided in this Agreement. Scott Kraft, President/CEO shall be the sole representative of CONTRACTOR for purposes of this Agreement, and may enter into any subordinate agreements with CITY pursuant to this Agreement on behalf of CONTRACTOR. Bnstop Shelters Contract - Page No. 7 Notices and written communications sent by one party to the other shall be personally delivered or sent by U.S. Mail, postage prepaid, to the following address: If sent by CITY to CONTRACTOR: Mr. Scott Kraft, President & CEO Metro Display Advertising, Inc. d.b.a. Bustop Shelters of California, Inc. 2692 Dow Avenue Tustin, California 92680 12, Subcontractors None of the services included in this Agreement shall be subcontracted without the prior approval of the CITY. CONTRACTOR shall be fully responsible to CITY for the performance of any and all subcontractors. 13. Assignability CONTRACTOR shall not assign r transfer, convey or hypothecate this franchise in whole or in part without approval of the CITY. CONTRACTOR acknowledges thatitmay not sell, assign or encumber any of the transit advertising shelters without written consent of the CITY. 14. Hold Harmless CONTRACTOR shall indemnify and save harmless CITY, its officers and employees from and against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of CITY, and shall defend, indemnify and save harmless CITY, its officers and employees, for any and all claims, demands, suits, actions or proceedings of any kind or nature, including, but not by way of limitation, workers' compensation claims, resulting from or arising out of the negligent acts, errors or omissions of CONTRACTOR, his employees or subcontractors. CONTRACTOR shall indemnify and save harmless CITY, its officers and employees from and against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of CITY; and shall defend, indemnify and save harmless CITY, its officers and employees, from and against any and all claims, demands, suits, actions or proceedings therefore, resulting from or arising out of the intentional or malicious acts of CONTRACTOR, his employees or subcontractors. CONTRACTOR waives any rights it might have against the CITY for the continued use of the City property upon termination of this Contract. Bustop Shelters Contract - Page No. 8 15. EpualOpportunity a. By signing this Agreement, CONTRACTOR certifies that it does not discriminate against any employee or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, physical handicap or medical condition, except as provided in Labor Code Section #1420, in connection with employment, upgrading, promotion, or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training including apprenticeship. Such affirmative action shall,be in accordance with the affirmative action guidelines adopted by CITY. CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by CITY setting forth the provision so this non-discrimination clause. b. CONTRACTOR shall, in all solicitations or advertisements for employees placed by or on behalf of CONTRACTOR, state that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex; marital status, national origin, or ancestry. C. CONTRACTOR agrees to cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement so that, such provision swill be binding upon each subcontractor provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials. d. Non-compliance with the affirmative action program will constitute a breach of the terms of this Agreement. 16. Validity The invalidity in whole or in part of any provision of this Agreement shall not void or affect. the validity of the other provisions of this Agreement, 17. GoverningLaw This agreement shall be governed by and construed in accordance with the laws of the State of California. 18. Tax Interest CONTRACTOR recognizes and understands that this Agreement may create a possessory interest in CONTRACTOR subject to property taxation and CONTRACTOR agrees to assume all liability and responsibility for payment of property taxes levied on such interest. Bustop Shelters Contract -...Page No. 9 19, Gender and Number As used herein, the masculine shall include feminine and neuter, and the singular shall include the plural. 20.. Disputes This Agreement shall be constructed, and all disputes hereunder shall be settled in accordance with the laws of the State of California and the Forms and Provisions of Proposal with amendments shall prevail. Except as provided herein, all other terms and conditions of this contract remain unchanged and in full force and effect. INWITNESSWHEREOF, the parties have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA CLARITA, a municipal corporation of the State of California. Clerk of the Council George Pederson, Mayor City of Santa Clarita City of Santa Clatita Approved as to form: Carl Newton City Attorney buston.con. Scott Kraft, President and CEO Bustop Shelters, Inc. Bustop Shelters Contract - Page No. 10