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TO Howard V. Gary
City Manager
CItY 61r MIAMI. RLORIbA
INTER-CIPPICE MEMORANCIUM
rROM Walter L. Pierce
Spec al Ass-' tan to the City Manager
6
DATE June 23, 1981
PILt
SUBJECT Bus Benches and Bus Shelters
Proposal Specifications
REFERENCES
ENCLOSURES
Pursuant to my memorandum of June 16, 1981, a copy of which is attached,
a meeting with prospective bidders was held today to discuss several con-
cerns. Also, please see the attached letters from three prospective
bidders. Present were representatives and/or principals of Bustop
Shelters of Florida, Inc.; Bus Bench Company; Marvin Advertising Company;
C & S Corporation of South Florida; Rent -A -Bench, Inc.; and Winston TDI.
City personnel in attendance were Clark Merrill, a member of his staff
and myself, and the proceedings were recorded.
Those in attendance were advised that the City administration was tending
towards recommending that the City Commission authorize the return of all
bids, unopened and as received, due to several unresolved concerns raised
by the bidders. The bulk of the discussion centered on the concerns
voiced previously during the bidders' conference held on March 30 of this
year in addition to those concerns enumerated in letters from other
prospective bidders which were also received during March.
Other concerns raised today included:
a. further definition and clarification as to the exact number of
bus benches sought;
b. that twenty-five (25) bus shelters and two hundred fifty (250)
bus benches to be provided without advertising remains too high
and that five (5) percent would be more reasonable;
c. clarification as to whether bus benches would be permitted to
be placed next to bus shelters;
d. that the minimum annual fee specifications be reexamined so as
to facilitate comparisons of minimum revenues proffered from
one bid to another; and lastly
e. to reevaluate whether bids for both shelters and benches should
be consolidated into a single proposal or be separated.
Again attached is a summary of the concerns raised during March. Regret-
tably, the previous administration did not cause any response to these
matters, making it now necessary to seek an additional deferral in this
PI ukc» .
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81 MJr)?
TO Howard V. Gary
City Manager
°Ror., Walter L. Pierce,,Ame�=_e
Special Assistant to the City Manager
bATL June 16, 1981
PILE
SUBJEZ:t Bus Benches and_Bus Shelters
REPEA ENCES
ENCLOSURt6
For the past several years the City has been attempting to complete a
bidding cycle to award a contract for the provision of bus benches and
Shelters. At this time bids are scheduled to be received no later than
2:CO P.M., Wednesday, June 24, 1981. It is recommended that all bids
be rejected and returned unopened to the respective bidders; the follow-
ing should be considered adequate,justification for the recommended
action.
The initial invitation to make proposals, pursuant to the passage and
adoption of Ordinance No. 9190 on October 30, 1980, was issued in
February, 1981, and delineated the applicable proposal specifications
for providing a minimum of fifty (50) bus shelters and at least two
hundred (200) bus benches which would be without advertising at loca-
tions to be selected by the City; the total number of shelters was to
be 300 plus 1,250 benches. On March 17, 1981 the City Commission, at
the request of then City Manager Fosmoen, authorized a reduction in the
number of bus shelters without advertising to twenty-five (25) and
extended the bidding period from April 10 to April 24, 1981 to permit
City staff to meet with prospective bidders; on April 16 the City
Commission again extended the bidding period, this time until June 24,
1981. Also during March, 1981, letters were received from two pro-
spective bidders requesting several changes in the proposal specifica-
tions. On March 30 a pre -bid conference was held with several
representatives of the industry who requested numerous other changes
in the specifications, a summary of which is attached.
Unfortunately, of the many concerns raised by the prospective bidders,
only the number of bus shelters without advertising and the bid sub-
mittal deadline were considered. However, no response has been given
to those bidders corresponding with the City nor to those who attended
the conference. Additionally, since the conference, concerns have
arisen as to how the proposed shelters will be illuminated and by whom,
whether or not bus shelters and benches should be included in one pro-
posal and the status of a design panel to consider bus bench aesthetics.
All of these issues and others I feel should be presented to the City
Commission for its input.
Though the City could accept bids on June 24 and proceed to award the
Contract, we should be concerned that the City might not receive good
bids or that we might receive an inordinately low number of bids with
neither possibility anywhere near ideal. Accordingly, it is suggested
that the following occur:
A. That a second bidders' conference be called for the week of
June 15 at which time all concerns of the prospective bidders
would again be collected for review; bidders would be polled
to determine support, or a lack thereof, for a new bidding
cycle potentially based.on revised specifications.
B. That bids received on June 24 not be opened but merely
, 1h
accepted.
C. That the City Commission be advised on June 25 of the requested
changes in the specifications and the Commission also asked to
t.
approve a new bidding cycle as well as the return, unopened,
all bids received the preceding date.
D. That the new bid cycle be established, if and as approved by
the City Commission, to permit final Commission action no later
than September, 1981.
Your early consideration of this is urged.
ItRI 55 7
ISSUES OE CONCERN -
BUS SHELTERS/BUS BENCHES
lowing concerns are summarized from statements and presentations ontthes art off
The following
prospective bidders and do not necessarily represent a deci5ibn P
the City to incorporate them in any future bidding specifications.
Proposal Page #
Concern
Reduce free bus shelters from 50 to 25
1-Notice of Public Proposals -
5-Instructions to Proposers #8
Reduce bid security
6-Instructions to Proposers
Eliminate #15-Non Conforming Proposals
18-General Conditions #3
In the general Term. Change requested in ordinance
to 15 years on shelters.* Bus companies
from 5 years
requested same term as bus shelters companies were
given. (5 years renewable for two 5 year additional
terms).
18-Non Exclusive Contract
CoP anies have requested exclusive contract. If not,
,
to first refusal for providing additional
the right
shelters. Also definition for: "other governmental
agency" (County).
18-Consideration #5
Company requested quarterly payments rather than
Free benches and shelters should not require
-
monthly.
permitting fee. Company requested that gross receipts
suggested
-
include only advertising revenues. Company
list for advertising be included with
that a price
_
the bids.
Company requested definition of standard rate within
19 -Consideration #5c
the advertising industry that would represent a
minimum rate that would be charged by the company.
19-Requirements of Contractor #6a
given a
Bus Bench companies toremovesunauthorizedthat ybus benches.
reasonable time ime
Design Comments
20-Requirements of Contractor #6c
m
21-Insurance n8
#9 Is #6f
Company did not like the possibility of different
styles of bus shelters. They questioned submitting
designs with the bidding documents. They questioned
if the design should be in conformity with the neigh-
borhood. No criteria on design on bus benches.
Companies preferred a slight variation as opposed to
totally different designs.
Allow sketch to be drawn on reverse side of permit.
Literature holders and telephones installed as deter-
mined by the contractor in areas of potential vandalism.
Companies
felt
insurance
onlyq$500m000s ($1 million) was
County Y requires
page 1
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81-557
22-Perfo Manoe Bond #h
23-Ownership of Benches and
Shelters #10 _
23-Purchase by the City #11
•
Company requested substitution of surety bonds with
letter of credit, irrevocable and in a form acceptable
to the City.
Company requested that this provision be omitted
entirely or that the value to be paid for the shelter
be established at market value or replacement value.
Company felt that the City retaining the right to
purchase, install and maintain additional bus benches
was unclear.
23-Cancellation by Agreement #12
Companies state that cancellation should only be after
due notice to contractor to cure default.
23-Non Assignable #13
Request for addition of wording: "Such approval will
not be unreasonably withheld."
24-Permits #14
Timing of procedures is vital
24-Advertising #15
Companies requested that sites for advertising be '
jointly selected by the City and the Company (at
least nine feet of unencumbered right of way/width). '
Companies indicated 5% of space for public messages
on each shelter is impractical. Company requests
that shelters with advertising be permitted in front
of private property.*
25-Bus Shelters and/or Bus Benches
The companies requested that purchase of bus benches
Without Advertising #16
by the City be added at the replacement cost rather
than the purchase cost.
25-Audits and Accounting
Companies suggested that records be maintained by
Procedures #19
generally accepted accounting principles.
26-Contractual Agreements with
Companies request that this be deleted.
Other Cities #23
26-Bus Bench Installation #24
Companies objected to the four inch concrete foundation
for benches where sidewalk is not available. Wanted
to know where such requirements may be necessary. Also
how many of these slabs would be required for bus
benches without advertising.
*Requires ordinance change
Company requests that the City require an easement
where insufficient right-of-way exists.
Company states that the project is financially too
risky if more than one company is permitted to place
shelters in the right-of-way.
Company points out that the inclusion of literature
holders and telephones encourage vandalism and
littering.
Page 2
Ni
$PSI -557
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J.C. Decaux Company Prarice
Jean Claude Decaux, owner
Y%
Concerns
N,
1 Contract should be at least 15 years as opposed t6
5 years with two 5 year renewals.
r.
2) Company wishes to retain ownership of all shelters.
3) Company wants right of first refusal for providing
additional shelters beyond the 250 provided for in
the specification,s.
4) The company would like to negotiate on the location of
of the shelter in order to get the best location for
advertising.
5) The company would like right to refuse a location if for
example it may be a high vandalism area.
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Convenience & Safety Corp.
Dear Mr. Merrill:
JUN, 1 G
In addition to the unresolved issues brought out during
the City's pre -bid conference on the pending bus shelter
contract, we would like to'point out the problems of
electrification.
Our construction experience has shown that the cost of
excavating, running electrical conduit and hooking up bus
shelters can frequently run between $2,000 and $3,000 per
installation. This excessive cost is approximately
the cost of the shelter itself.
Unless the City develops an electrical hook-up policy with
FP&L which allows tie-in to the nearest source -(street lights,
signal lights,etc.), the cost of constructing and illuminating
bus shelters will be so prohibitive as to make any kind of
bid economically impossible.
w
Please consider delaying the June 23st bid deadline until
this and all other problem areas have been addressed.
Sincerely,
Alexander 4. Mautner
AJM:sw
cc: Henry R. Silverman
Barry Schreiber, Esq.
919 Third Avenue, New York, N.Y 10022 (212) 421-6080
CONVENIENCE & SAFETY CORP. MARKETS ADVERTISING SPACE ON BUS STOF SHE
WHICH IT CONSTRUCTS AND MAINTAINS UNDER FRANCHISE FRO"V ►l9UNICIPALI .-T tES
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'fit', Howard Gary
Cit
y Manager
City of
Miami
P.O. BOX 330708
Miami, Florida 33133
Dear Mr. Gary:
June 19, 1981
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Y respectfully request that any bids submitted
on June 24, 1981, regarding the Bus Bench and Bus
Shelter contracts be returned, unopened, to all pros-
pective bidders. There has not been sufficient time to
review the issues of concern by those who attended the
pre bid conference and it seems that none of these con-
cerns have been reviewed by the City Commission.
•:=iX''L
Thank you for your consideration on this matter.
�-
very
truly yours,
President V
Bustop Shelters of Florida, Inc.
:.,"t=:. � ;:, r, - ��/'7►its. i/� /i M.w �; J� IITa7o •�i ..� '
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7816 N.W. 72nd AVENUE • MIAM1, FLORIDA 33166 • (305) 888.8040
�<�2:fv'T'�:�'�u�"'e<�!�'ri� di',i.l', •_ ._�,L^:; ?�lsl,`i���fli� "i-T�^.�-",F�Ilis:'?
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THE MARVIN ADVERTISING COMPANY
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4341 W. DIVISION 6 CHICA00, ILL. 60651
TELEPHONE: 342.1261
June 22, 1981 -
Mr. Howard V. Gary
City Manager
C
City of Miami
t � �aE, �• a, i � �, �, �,t a, t::
3500 Pan American Drive
Miami, FL 33133
Dear Mr. Gary:
Please be advised that the
Marvin Advertising Company has for- '
warded our bid proposal to
the City of Miami with respect to
your Proposal Specifications for Providing Bus Benches for the
City of Miami, Florida.
0
Please be advised that contained in your Proposal Specifications
are certain ambiguities, unclear definitions and requirements
imposed upon the bidder which create problems for a private
enterprise concern risking its capitol. Therefore, under the
circumstances, Marvin Advertising Companyls bid is conditional
upon resolution of those ambiguities, unclear definitions and
a mutual satisfactory resolution of those problems that adversely
affect a private enterprise concern.
We want to assure the City of Miami that Marvin Advertising Com-
pany will diligently endeavor to use its best efforts to work
with the City of Miami to mutually satisfy concerns of the City
of Miami and the Marvin Advertising Company should the City of
Miami award Marvin the bus bench advertising.
Singbrely,
JHH/e ap
cc: Maurice A. Fuze Mayor
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66. EXTEND BIDDING DATE FOR BUS BENCH/SHELTERS TO
PERMIT BIDDERS CONFERENCE.
Mayor Ferre: Mr. Fosmoen, on the question of the bus benches, are we ready to
R� do that quickly?
Mr. Fosmoen: I received a communication yesterday, Mr. Mayor, I think I need
to copy it and distribute it. There are a couple of issues that have been
raised and it looks like we are going to need a bidders conference to resolve
a couple of them. One issue that has been raised in particular is the ques-
tion of the exclusivity of the contract and'the recommendation is that we issue
an exclusive contract because of the particular economic circumstances of the
industry. My initial reaction to that is favorable. The second issue that
was raised was to reduce the number of bus shelters that would be provided
without advertising from 50 to 25, that seems to make some sense but I would
want to be able to discuss that with some of the other proposed bidders.
Mayor Ferre: What actions do you need from us?
Mr. Fosmoen: The action that I would need is a motion to extend the bidding
time and to allow us (1) to have a bidders conference and (2) to respond to
each of the issues raised.
Mayor Ferre: How long do you want an extension?
-• Mr. Fosmoen: I think 15 days is adequate.
.,Mayor Ferre: Does that cover it?
Mr. Fosmoen: Yes.
Mayor Ferre: Okay, does someone want to make a motion to that.affect?
Mr. Lacasa: I move it.
Mayor Ferre: All right, it has been moved and seconded that the bid be ex-
tended 15 days for the purposes of having a bidders conference so that there
can be open discussion on two basic questions which are exclusivity for the
low bidder, whoever is the recipient of the award and (2) instead of 50 that
we go down to 25 benches, right?
Mr. Fosmoen: Yes, instead of 50 non -advertising shelters we go to 25 non -
advertising.
Mayor Ferre: I'm sorry, shelters. In other words rather than 50 advertising
shelters we'd go down to 25 that would have no advertising on it.
Mr. Fosmoen: That's correct.
Mayor Ferre: Okay, any questions on that? And whatever else comes il.p in
-the discussion.
Mr..Fosmoen: Yes, sir.
The following motion was introduced by Commissioner Plummer who moved its
adoption:
MOTION NO. 81-214
A MOTION AUTHORIZING THE CITY MANAGER TO EXTEND THE DATE FOR
SUBMISSION OF BIDS ON BUSBENCHES/SHELTERS FOR A PERIOD OF
+r' FIFTEEN (15) ADDITIONAL DAYS FOR THE PURPOSES OF CONDUCTING
••�` A BIDDERS' CONFERENCE TO DISCUSS CHANGES TO THE PROPOSAL
SPECIFICATIONS, EXCLUSIVITY AND TWENTY-FIVE (25) NON -ADVERTIS-
ING SHELTERS.
Upon being seconded by Commissioner Gibson, the motion was passed and
,Qpt@4 by the following vote-
AQg$: Commissioner Armando Lacasa
Commissioner J. L. Plummer, Jr.
Vice -Mayor (Rev.) Theodore R. Gibson MAR 17 1981
Mayor e A. Ferre