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HomeMy WebLinkAboutM-80-0889CITY O' MIAN!t. VLORIOC^, INTER -OFFICE MEMORANCUM \ '� Mayor and Members of the E,,,E December 16, 1980 "" City Commission ;uE,il: Bus Shelters & Bus Benches Richard L. Fosmoen City Manager Proposal and Specifications On October 30, 1980, the Commission adopted an ordinance which allows the City to receive proposals for the installation of bus shelters and bus benches within the City. , Such an installation would complement a County bus shelter pro- gram now in progress, which is providing 80 shelters at 72 Miami bus stops. Due to the method of funding, the County shelters will have no advertising. Although the County shelters will not be lighted, lighting fixtures will be installed. The City is now negotiating to determine how the lights can be energized. Under the present City code, a contract is required for the City to collect revenue from bus benches. Under such a contract, the - City would receive a minimum of $1.2.00 per bench per year, plus an occupational license fee. The revenue could be higher depend- ing on the bids that the City receives. According to a, survey completed last year, there are approximately 1400 bus benches in the City of Miami located at 1150 different stops. Although there are some 750 bus stops without seating, the City has received -eery few requests for additional benches. Presently, two companies supply almost all of the bus benches in Miami. These companies have been placing, relocating, or removing benches at the City's request. In addition, they are t1orking with representatives of the Fire and Police Departments to provide at least 40 benches with public service messages. This is in associ- ation with the Commission's desire to utilize this media for police recruiting, and to inform the public about the use of fire alarms. The attached draft of proposals and specifications for bus shelters and bus benches has been prepared for discussion purposes. From. this can be determined the parameters that the Commission desires to use in developing this project, as well as to point out some of the concerns regarding this operation. 811)-8811") CITY OF MIAMI PROPOSAL SPECIFICATIONS FOR DECEMBER,1980 f TABLE OF Invitation Advertisement Division Bid Proposal Prop Documents Docu I Notice of Public Proposals A II Background III Instructions to Proposers B IV Declaration of Affidavit C V Proposal D Bid Proposal Alternative "A" Bid Proposal Alternative "B" Bid Proposal Alternative "C" VI Professional Information E VII Individual or Corporation Financial Statement F VIII General Conditions G IX Exhibits A. Listing of Geographical Districts. B. Ordinance No. 9190 Amending Article III Chapter 54 C. Map showing where Bus Benches and Bus Shelter Advertising may occur and suggested locations. 9 10 11 12-13 14-15 16-26 27-31 INVITATION The City of Miami invites interested parties to make a proposal for furnishing and maintaining up to 350 Bus Shelters and/or up to 1,400 Bus Benches located at bus stops within the City of Miami. All prospective bidders should read the Proposal Specifications carefully as well as to make their own study of the possible sites available for this place- ment of Bus Shelters and/or Bus Benches in the Public Right -Of -Way. A map showing bus stop locations where advertising is permitted is for reference only. Exact locations will be determined once the successful proposer is selected. Proposals shall provide at least 50 bus shelters and/or at least 200 bus benches without advertising at locations selected by the City. Proposals for providing Bus Shelters and/or Bus Benches within the City of Miami will be received by the City Clerk, City of Miami, 3500 Pan American Drive, Miami, Florida 33133, not later than 2:00 P.M. on Friday , 1981. Proposal Specifications, bidding documents and further information regarding this project may be obtained by contacting: Mr. Clark Merrill Assistant to the City Manager 3500 Pan American Drive Miami, Florida 33133 Telephone: 305-579-6888 Richard L. Fosmoen City Manager a CITY OF MIAMI BUS BENCHES BUS SHELTERS BID PROPOSAL DOCUMENTS PROPOSAL DOCUMENT A 1 NOTICE OF PUBLIC PROPOSALS The City of Miami is inviting interested parties to submit Public Proposals for the furnishing of Bus Stop facilities described as follows: Alternative A: 250 Bus Shelters with advertising 50 or more Bus Shelters without advertising Total Bus Shelters limited to 350 Alternative B: 1000 Bus Benches with advertising 200 or more Bus Benches without advertising Total Bus Benches limited to 1400 Alternative C: 250 Bus Shelters with advertising 50 or more Bus Shelters without advertising Total Bus Shelters limited to 350 1000 Bus Benches with advertising 200 or more Bus Benches without advertising Total Bus Benches limited to 1400 Proposals will be received by the City Clerk of the City of Miami, 3500 Pan American Drive, Miami, Florida 33133, not later than 2:00 P.M. Friday, 1981. Applicants will demonstrate that they have knowledge and experience in the area covered by their proposal and have the financial capacity to finance the cost of the requested facilities. Bidders should not assume that existing Bus Benches will be permitted to remain in the Public Rights -Of -Way. All Proposals shall be submitted in accordance with the Instructions to Proposers as contained in the Proposal documents which may be obtained by writing to: Mr. Clark Merrill Assistant to the City Manager 3500 Pan American Drive Miami, Florida 33133 The City of Miami reserves the right to accept any Proposal or combination of Proposals deemed to be in the best interest of the City, to waive any irregular- ities in any Proposal or to reject any or all Proposals and to advertise for new Proposals if desired. In making such determination, the City's consideration shall include but not be limited to: The proposer's experience, the dollar return offered to the City, the proposer's financial qualifications, the professional reputation of the proposer and the evaluation by the City of all proposals submitted by the proposer (s) in support or explanation of their proposal. Richard L. Fosmoen City Manager Page 1. II BACKGROUND There are approximately 1900 Metropolitan Transit Authority (MTA) Bus Stops within the City of Miami. Presently about 1400 Bus Benches, most containing advertising are located in commercial and residential areas throughout the City. Several prototype bus shelters exist in the Downtown area. There are approximately 1300 Bus Stop Locations in Miami where advertising on Bus Shelters and Benches is permitted and approximately 580 stops that are in residential zoned areas (R-1 and R-2) and the downtown business area where advertising will be prohibited. It is the intent of the City to upgrade the aesthetics of the Public Rights -of - Way through the design of new and the replacement of existing street furniture. Bus Shelters and/or Bus Benches will not be allowed to obstruct more than 2.5 feet of sidewalk area. Dade County is presently constructing 80 Bus Shelters at 72 Miami locations. These shelters may not necessarly preclude the use of those locations for future advertising. Page 2. CITY OF MIAMI BUS SHELTERS BUS BENCHES INSTRUCTIONS TO PROPOSERS AND PROPOSAL SPECIFICATIONS INSTRUCTIONS TO TABLE OF CO - 1. Submission of Proposal 2. Installation of Facilities 3. Financial Obligations and Resour 4. Conflicts 5. One Proposal 6. Proposal Bid Amounts 7. Signature of Proposer 8. Security 9. Acceptance or Rejection of Propc 10. Withdrawal of Proposal 11. Interpretation of Proposal Docurr 12. Examinations of Sites 13. Protection of Rights of City 14. Lobbying 15. Proposal Documents (A) Notice of Public Proposal (B) Instructions to the Propos (C) Declaration (D) Proposal (E) Professional Information (F) Financial Statement (G) General Conditions (H) Addenda if any 16. Non Conforming Proposals Page 3. PROPOSAL DOCUMENT B III INSTRUCTIONS TO PROPOSERS 1. SUBMISSION OF PROPOSAL: Complete proposals must be submitted on the proposal document forms, provided in the Proposal Specifications along with any addi- tional documentation provided by the Bidder. Explanation must be provided for any information not provided or questions not answered. The above material must be received in the Office of the City Clerk, Miami City Hall, 3500 Pan American Drive prior to the date and time stated in the Notice for Public Proposals. 2. INSTALLATION OF FACILITIES: The Proposer is expected to have the capacity to construct not less than 50 shelters in a complete and operational condition within the first six month period and complete 150 additional shelters in each additional 6 month period until the required number of shelters have been installed and made operational. Delays caused by the City,or acts of God,will be reason fo►- extensions of time equal to the delayed time. The proposer will be responsible to provide all materials, maintenance and utilities at his sole expense. 3. FINANCIAL OBLIGATIONS AND RESOURCES OF BIDDER: The Proposer is expected to demonstrate the ability produce adequate financial backing to furnish and main- tain the facilities required of the Proposer as described in the Proposal specifications. 4. CONFLICTS: Prospective Proposers shall have no record of past criminal acti- vity or pending criminal lawsuits, nor have any conflicts of interest that have not been identified and explained to the City in writing. Such statement shall be made on the proper form supplied in the Proposal documents, notarized and submitted with the Proposal. 5. ONE PROPOSAL: Only one Proposal from an individual, firm, partnership or corpo- ration under the same or different names, will be considered. If it is deter- mined that a Proposer is interested in more than one Proposal, all Proposals it which such Proposer- is interested will be rejected. This does not limit the Proposer from submitting a bid on all Proposal alternatives listed in the Proposal documents. 6. PROPOSAL BID AMOUNTS: Proposed bid amounts shall be clearly stated in figures and in writing in the appropriate places on the Proposal form. When in doubt the written amounts will be used to determine the bidders intent. 7. SIGNATURE OF PROPOSER: The Proposer must sign the Proposal in the spaces pro- vided for his signature. If the Proposer is an individual the words "sole owner" shall appear after his signature. If the Proposer is a partnership the word "partner" shall appear after the signature of one of the partners. If the Proposer is a corporation, the signature of the required officer or officers as authorized by its by-laws or Board of Directors shall be followed by the official name of the corporation and its official corporate seal. Each Propo- sal will also contain the correct business address and telephone number of the Proposer. Page 4. Instructions to Proposers, Contd. 8. SECURITY: Each Proposal containing a bid for Bus Shelters shall be accompanied with a certified check or Bid Bond in the amount of $10,000. Each Proposal containing a bid for Bus Benches only shall be accompanied with a certified check or Bid Bond in the amount of $1,000. No additional amount of security will be required when bid- ding on Proposal Alternate C (Bus Shelters plus Bus Benches). The Security of any unsuccessful Proposer will be returned after the City of Miami and the accepted Proposer have executed a written con- tract and the accepted Proposer has filed the required performance bond. If ninety (90) days have passed after the date of the formal opening of the Proposals and no contract has been awarded the certified checks and or Bid Bond of all Proposers will be returned upon the demand of each Proposer. Failure to execute a contract and file an acceptable performance bond within ten (10) days after written notice of accep- tance has been given shall be just cause for the annulment of the award and the forfeiture of the security to the City. This forfei- ture shall not be considered as a penalty, but instead, as liquidated damages substained for expenses incurred by the City. Award may then be made to the next most qualified Proposer or all Proposals may be rejected and the Project readvertised, if desired. 9. ACCEPTANCE OR REJECTION' OF PROPOSALS: The City of Miami reserves the right to accept any Proposals or combination of Proposals deemed to be in the best interest of the City, to waive any irregularities in any Proposal, to reject any or all Proposals or to readvertise for new Proposals if desired. In making such determination, the City shall con- sider but not be limited to the followinq: (A). Financial qualifications. ' (B). Experience. (C). Professional reputation of the Proposers. M . Quality of the prod,ict. (E). Design and aesthetic considerations. (F). Value to the City (Revenue, Capital Improvements, Convenience, etc.) (G). Ability to timely coriplete the specified requirements. The successful Proposer will receive an official letter from the City of Miami notifying him of the privilege of negotiating a contract to be pre- pared by the City. Any Proposal which is incomplete, conditional, obscure, or which contains irregularities of any kind, may be cause for rejection of the Proposal. In the event of default of the successful Proposer or his refusal to enter into contract with the City of Miami, the City reserves the right to accept the Proposal of any other qualified Proposer or to readvertise using the same or revised Proposal documents at its sole discretion. The City reser- ves the right to make separate awards for Shelters and/or Benches. Page 5. r" Instructions to Proposers, Contd. In addition,the City Commission may award all or any one of the three proposals to one or up to four separate bidders based upon the four districts shown on Exhibit"A". 10. WITHDRAWAL OF PROPOSAL: Any Proposal may be withdrawn by the individual or firm making the Proposal provided it is in writing or by verified te- legram and received by the City Clerk prior to the time scheduled for receipt, as shown in the notice of Public Proposals. No withdrawals will be permitted after bids have been opened. 11. INTERPRETATION OF PROPOSAL DOCUMENTS AND SPECIFICATIONS: Each Proposer shall thoroughly examine the Proposal Documents and Specifications and judge for himself all matters relating to the location of the facilities to be provided and the character and extent of the Services to be pro- vided. In the event the Proposer should be of the opinion that the mea- ning of any part of the Proposal documents or specifications is doubtful, obscure, contains errors or ommissions, such opinions should be reported in writing to the City Manager at least ten (10) days before the formal opening of proposals, in order- that appropriate addenda may be issued by the City Manager, if necessary, to all prospective Proposers before Propo- sals are filed with the City Clerk. The written addendum is the only offi- cial method of interpreting the Proposal documents and specifications. 12. EXAMINATIONS OF SITES: The Proposer, prior to making a Proposal should make a survey of possible Bus Shelter and Bus Bench locations using the attached map of Hiami as a guide to determine the most desirable loca- tions to install Bus Shelters and Bus Benches. The actual priority of Bus Shelter Sites will be finally determined in concert with the success - full bidder after the Contract is executed with the approval of the City Manager. A tentative selection of sites is shown on Exhibit "C" of these specifications and bound separately. 13. PROTECTION OF RIGHTS OF CITY: The City reserves the right to include in the Contract document such terms and conditions as may be considered ne- cessary for the proper protection of the rights of the City of 11iami. 14. LOBBYING: Prospective bidders are hereby notified that there shall be no contact between the bidders or their representatives and the City Commission regarding their respective proposals except at a public meeting that has beer called for that purpose and that any such contact shall be considered sufficient reason to disqualify such bidder and forfeit the bid security. 15. PROPOSAL DOCUMENTS: The Proposal Documents shall mean and include the following: (A). Notice of Public Proposal. (B). Instructions to the Proposer. (C). Declaration. (D). Proposal. (E). Professional Information. (F). Financial Statement. (G). General Conditions. (H). Addenda (if any) page 6. Instructions to Proposers, Contd. 16. NON CONFORMING PROPOSALS: Nothing herein shall be construed as to prevent any bidder from making a proposal that is different from the form that is provided in these specifications. However such proposal must contain comparable cost elements in order for the City to make proposal evaluations to the City Manager and City Commission. Proposals that are not comparable will be rejected. 1 Page 7. PROPOSAL DOCUMENT C - IV To: Richard L. Fosmoen City Manager City of Miami, Florida DECLARATION Submitted day of 1981. The undersigned, as proposer (herein used in the masculine singular, irrespective of actual gender and number) declares that the only persons interested in this Proposal are named herein, that no other person has any interest in this Proposal or in the Agreement to which this Propo- sal pertains, that this Proposal is made without connection or arrangement with any other person and that this Proposal is in every respect fair, in good faith, and without collusion or fraud. The proposer further- declares that he has complied in every respect with all of the Instructions to Proposers, that he has read all addenda, if any, and that he has satisfied himself fully relative to all matters and conditions with respect to the Proposal. The proposer agrees, if this Proposal is accepted, to execute an appropriate Agreement for the purpose of establishing a formal contractual relationship between him and the City of V:iami, Florida, for the performance of all requirements to which this Proposal pertains. The proposer- states that the Proposal is based upon the Proposal Documents and Addenda, if any, listed by number as follo�,rs: Addenda numbers, if any Signature Title Page 8. Name of Firm, Individual or Corporation Signature (Title) PROPOSAL DOCUMENT D V PROPOSAL 910 PROPOSAL ALTERNATIVE "A" BUS SHELTERS Item 1. For furnishing, installing and maintaining 250 Bus Shelters with advertising at designated locations as herein described, I hereby offer to the City a minimum annual fee of: Dollars and Cents, per Bus Shelter containing advertising. $ (250 x Annual Fee per Shelter) And Item 2. In addition to the minimum fee, I hereby offer to pay the City a percentage of the annual gross Bus Shelter Advertising sales within the City of Miami, Florida: Percent ( `). And Item 3. I hereby offer to furnish, install and maintain, without advertising, at no cost to the City, at designated locations in the City, the fol- lowing number of Bus Shelters in excess of the required 50 Bus Shelters without advertising: (50 or less) additional Bus Shelters without Advertising. Total Bus Shelters, with and without Advertising, shall not exceed 350. BID PROPOSAL ALTERNATIVE "B" BUS BENCHES Item 1. For furnishing, installing and maintaining 1000 Bus Benches at designated locations within the City of Miami, as herein described, I hereby offer to the City a minimum annual fee of: Dollars and Cents, per Bus Bench containing Advertising. $ (1000 x Annual Fee per Shelter) And Item 2. In addition to the minimum fee, I hereby offer to pay the City a percentage of the annual gross Bus Bench Advertsing sales within the City of Miami, Florida: Percent And Item 3. I hereby offer to furnish, install and maintain, without Advertising, at no cost to the City, at designated locations in the City, the fol- lowing number of Bus Benches in excess of the required 200 Bus Benches without Advertising: (200 or less) additional Bus Benches without Advertising. Total Bus Benches, with and without Advertising, shall not exceed 1400. Note: No more than eighty (80) percent of all existing and/or prospective Bus Benches shall contain commercial Advertising. Page 10. a BID PROPOSAL ALTERNATIVE "C" BUS SHELTERS AND BUS BENCHES The information requested for this Alternative is exactly the same as Alterna- tive A and B. Some companies may find that it will be to their benefit and to the benefit of the City should they be offered the opportunity to provide both Bus Shelters and Benches to the City. This form allows the company to offer incentives, e.g., higher annual fee or percent of Advertising sales, to the City for choosing one company to provide both Shelters and Benches. Item 1. For furnishing, installing and maintaining 1000 Bus Benches at desig- nated locations within the City of Miami, as herein described, I hereby offer to the City a minimum annual fee of: Dollars and Cents, per Bus Bench containing Advertising. $ (1000 x Annual Fee per Shelter) And Item 2. In addition to the minimum fee, I hereby offer to pay the City a percentage of the annual gross Bus Bench Advertising sales within the City of Miami, Florida: Percent ( q). And Item 3. I hereby offer to furnish, install and maintain, without Advertising, at no cost to the City, at designated locations in the City, the fol- lowing number of Bus Benches in excess of the required 200 Bus Benches without Advertising: (200 or less) additional Bus Benches without Advertising. Total Bus Benches, with and without Advertising, shall not exceed 1400. Page 11. ME 91D PROPOSAL ALTERNATIVE "C" BUS SHELTERS AND BUS BENCHES (Continued) Item 4, For furnishing, installing and maintaining 250 Bus Shelters with Advertising at designated locations as herein described, I hereby offer to the City a minimum annual fee of: Dollars and Cents, per Bus Shelter containing Advertising. $ (250 x Annual Fee per Shelter) And Item 5. In addition to the minimum fee, I hereby offer to pay the City a percentage of the annual gross Bus Shelter Advertising sales within the City of Miami, Florida: Percent ( %). And Item 6. I hereby offer to furnish, install and maintain, without Advertising, at no cost to the City, at designated locations in the City, the fol- lowing number of Bus Shelters in excess of the required 50 Bus Shelters without Advertising: (50 or less) additional Bus Shelters without e Advertising. Total Bus Shelters, with and without Advertising, shall not exceed 350. Page lla PROPOSAL DOCUMENT E VI PROFESSIONAL I14FORMATION This Questionnaire is to be submitted to the City Manager and City Clerk of the City of Hiami, Florida, by the proposer, along with his proposal. Do not leave any question unanswered. When a question does not apply, write the word "None", "Not Applicable", or "Not Required", as appropriate. 1. County-Hunicipal Occupational Licese No. (if any)_ 2. Classification: 3. Expiration Date: 4. Years you or your organization have been in business: 5. Show the number of years experience you ~or your organization have had installing Bus Shelters or Bus Benches. 6. Experience record. List not more than five recent installations of this type in which your Firm has engaged: Indicate if experience is with Bus Shelters, Bus Benches or both. 1. 2. 3. 4. 5. 7. References. Give three references as to your Firm's experience and ability: 1. 2. 3. 8. List locations where your product has been installed. 1. 2. 3. Page 12. O PROFESSIONAL INFORMATION (cont'd) 9. Person or Persons interested previously had any rights or and/or lease cancelled before words). Give details: in submitting this proposal (have) (have not) licenses for the operation of a job or contract the expiration date. (Strike out inappropriate 10. Person or Persons submitting this proposal, and this Qualification Form (have) (have not) been convicted by a Federal, State, County or Municipal Court of any violation of law, other than traffic violations. (Strike out IF inappropriate words). =R Explain any convictions: The undersigned person and/or persons hereby certifies that the above information is true and correct. Name of Firm or Corporation (Seal) Signature (Seal) Signature 6 F s, g g r F Page 13. s VII PROPOSAL DOCUMENT F INDIVIDUAL OR CORPO'�A fION FINANCIAL STATFt.,,E .T kAM E BUSINESS OR OCCU"ATIC 4 AJD TO THE CITY OF MIAMI. FLORIDA TO PERMIT THE CITY TO RcVIE* AND EVALUATE THE FiNANC1AL ABILIT" OF THE UNDERSIGNED TO PERFORM THE REQUIRED SER- VICES, THE UNDERSIGNED MAKES THE FOLLCMING STATEMENT OF FINANCIAL CONDITION AS OF THE CLOSE OF BUSINESS ON THE DAY OF 19 J AND CERTIFIES TO 7HE ABCVE•NAMcC CITY THA- THE IN VOCMAT10N HERE.NAr7ER SET FOR7H IS 14 ALL RESMECTS ';'',.E, ACCURATE AND COMPLETE AND CoQRECTLY REFLECTS THE FINANCIAL CONCIT104 OF THE UNDERSIGNED ON THE DATE AFCREMENTICNEC, (TILL ALL BU.hXS WRITING "NO" OR "NONE" WHERE NECES-&kRY TO COAIP�ETS INFORMATION I -- -- -- --------- L I A E I L I T I E S A;SET� U5N ON HAND A.ND IN Fak`(S_ NC7S PAYABLE TO BANKS snsvtnk&v - I I I I +OYES PAYABLE TO OTTERS (Izz SO-CmJU, NOTES RECEIVASLE__ A>J LL'_'NT7 FF�]VAI�E A'COUN'S PAYA9:L (in u>cuu` I I TAXES DUE - -- MFpruANC'5�..^ U FE 14 S R A •r= ER V A` U E y , I _.1>=h I I ( Dc -T LL.Ys l .. I I RENT D U E j ! h EOANS AGAINST uFE INSURANCE SECLRITI6 (ra s.�u.[' I ACLRU°_J' EXPENSESO 1-Hu CURRENT A=$ (ITtu'f) � I I — I _ " CHATTEL MORTGAGES I I REAL ESTATE MORTGAGES REAL LS7ATE (irz F�EPVES (rt[yr,[ ! MACNINERY.FL.RN:TL:rE A.hO FIXTLRLS I i (vIr ra rvsranc'_ I ;. I I CTMER UAZ:LITIES !(ra(ul - PREPAID CXFE* SEi OTHHER ASSETS (r'n+ci TOTAL UABIUTIES I � ` I 1 I NET WORTH (v Ibi IM_V4&0AA itD' J CAPITAL STOCK (v Inxero(urc0' I I * PRETERREJ SHARES S PAa_I COMMON WARES i` ►AFLI I I S;j RpLU • I I I I I i� TGTAL I I I TOTAL CCNrlNGENT LIA8111T1, A I I 1 ALL OT}IE.A CONTINGIENT uABIuTIES: (rm=r I - UAB!UTY AS E.NDORSL2 Oh NO: S CI CTYC�:_ I LIRE;JT7 AS GUARANTY OR SLJP.� ECFQ CE9T3 I I I I OF OTHERS UABIUTY FOR JUDGMEI(TS CR SUDS PL^IDINC I TOTAL CONTINGLNT LIABILITIES- . _ --� -^_Y 'LE o'_PIC'O BEGIN-(+G STATEv1ENT O;:* PgOFIT AND LOSS A4D 0,0' . .__ —_--__-______ _ _ —. I OPERATING PROFIT ' « I I Iq COST OF 00005 SOLD: M OTHER INCOME: TOTAL INVENTORIES AT BE- INYEST7.IENTS GINNING CF PER'OD_ AL5 Z P'Ll R'ChA.5 ES D U R: h G—� I I I CASH DISCOUNTS RECEIVED I I ii PFRICD ,���" I iO.A f I G 0THER DFCUCT. TOTA. IN, NTGRILS I I i TOTAL I I I AT CLCSE CPrRIOD .- GRO:S PFIF-17 i I 1 I OTHER EXPENSES: AUMIN�^a,L T!'� G-��. EARL Ah0 I I I I INTEREST S L.. LI hG EXP":N SA I II PWJPRIETOR S :AL.Ad"_— - �1 I CASH DISCOUNTS GIVE?L I L_ I CF�'RE{IATICN I II I R BAD DEETTS I 1 I II I STLLING EXP"SES_ I I— OTHER I I I' OTHER I ` TOTAL NET PROFIT OR L055 TO I I I ! IOTA_ 11", NET WORTH OR SURPLUS y I Page 14. FIP�ANCIAL STATENtENT CONT. DUE 7.1 BANKS rlY[ OF Wrt I C�W'f A.l I W.2" CU[ I arti w^ -- DUE TO OTHERS (1tlmIte ever "e^t over SICC' REAL ESTATE TOTAL DUE TO BANKS :S ALL OTHEA DEBTS NOT SHOWN ABOVE TOTAL DCE TO 07"HERSS "LAA I I r^v[T GAGS I runr am= L C" T" Aim COC A r1TX^ I ►V VC)LA LC I COST , A n=ED r LLU[ ! I I It [ 1 KAPUIK I I HC[SDR V AA= I L.KM' LL Lw-o .l 1 Art 1:N" ww" Tr.I IS I I I I THE LEGA.. A.ND EQUITAdL: TI7,U TO A;1. THE RJAL ESTATE LISTED ABOVE IS Sol F1 Y IN MY NAME. EXCEPT AS FOLLOWS SECURITIES OWNED [ACC YA-1 "ro"i 11KDrt r[t[rvtn [fl'elrT.} 7 f*tKf.: NtfUtf nft d }iMTTT rAlltiT [ALL[ TV IN Him PL=4= urt Tu[ 1 I I I LIFE INSURANCE TOTAL U1� I TCt AA LL A1J I E9.-fu" [hI 1rKutt i II:Ar L+.[E ACAtt:T [[TrO KI ANY ( TO ■MCr ►Duct 11 A1>O[•w= OF YJ. ICY 1', LBL POLICY 1 S !S I I I I rr�rP INSURANCE IN SUBMITTIvG THE FOREGOING STATEMENT THE UNDERSIGNED GUARANTEES ITS ACCURACY WITH THE INTENT THAT IT BE RELIED UPON By THE AFORESAID CITY. AND WARRANTS THAT HAS NOT KNOWINGLY WITHHELD ANY INFORMATION THAT MIGHT AFFECT THE DECISION OF THE CITY TO TRANSACT BUSINESS OR ENTER INTO CONTRACTURAL ARRANGEMENTS WITH THE UNDERSIGNED. SICNLD AT SIGNATURE_ -� , 4 TNIS_ DAY OF IS A Page 15. Vill MERAL CONDITIONS , VIII GENERAL CONDITIONS TABLE OF CONTENTS Scope Use of Right of Way 3, Term 4. Non Exclusive Contract — 5. Consideration ` _ 6. Requirements of Contractor 7. Claims against City (Indemnification) 8. Insurance 9. Performance Bond 10. Ownership of Shelters and Benches 11. Purchase by the City 12. Cancellation by Agreement 13. Non Assignable — 14. Permits 15. Advertising 16. Shelters and Benches without Advertising 17. Maintenance and Repairs 18. Payment of Utilities 19. Audits and Accounting Records 20. Conformity to Law — 21. Taxes 22. Terms of Bus Shelters and/or Bus Benches Ordinance 23. Contractual Agreements with other Cities 24. Bus Bench Installation. Page 16. VIII GENERAL CONDITIONS The following conditions are representative of those to be included in a contract to be negotiated with the successful bidder. 1. SCOPE Three (3) alternatives are available to companies wishing to submit a proposal to provide Bus Shelters and/or Bus Benches within the City of Miami. Alternative A deals with the provision of Bus Shelters. Alter- native B deals with the provision of Bus Benches. Alternative C deals with the provision of Bus Shelters and Benches. A company can submit up to three (3) proposals if it wants to compete in each alternative. However, no company can submit more than one proposal per alternative. The City of Miami shall determine the locations at which Shelters and Benches can contain Advertising. The provision of Shelters and/or Benches shall include, but not be limited to, construction, lighting, sidewalk, curb, pavement and maintenance at no cost to the City. Bus Shelters and Benches that are provided without cost to the City shall be comparable in size, shape, design, equipment and utilities, and quality as those that contain advertising. 2. USE OF THE RIGHT OF WAY The City will grant to the Contractor the right to construct, erect, install, repair and maintain Bus Shelters or Bus Benches, as the case may be, in the Public Right -of -Way throughout the City that are located at authorized Metropolitan Transit Authority Bus Stops. The Contractor shall be solely responsible for abiding to all City, County, State and Page 17. Federal regulations and for obtaining the necessary clearances and permits required for the placement of Bus Shelters or Bus Benches at such locations. 3. TERM The Term for the Bus Shelters Contract shall be for three years renewable for two additional five year terms upon the successful completion of each previous term according to the Conditions of the Contract. The Term for the Bus Benches Contract shall be for 3 years if awarded separately from the Bus Shelter contract. 4. NON EXCLUSIVE CONTRACT The City shall have the right to contract for Bus Shelters and/or Bus ` Benches with and without advertising in excess of the quantity provided in this contract. In addition the City shall have the right to provide or permit another governmental agency to provide additional Bus Shelters and/or Bus Benches as it deems to be in the best interest of the City. 5. CONSIDERATION The Contractor shall pay to the City the amount bid for Bus Shelters and or Bus Benches on a monthly basis based upon the minimun annual guaran- teed payment plus the percentage of the monthly gross receipts generated from signs and other visual displays placed upon the Bus Shelters and/or Bus Benches by the Contractor. The term "gross receipts" shall be construed to include all monies paid or payable to and monies received by the Con- tractor for Sales and Services provided. However, the term gross receipts shall Not exclude: a) Up to 15"" of the customer billing for advertising agency commissions actually paid. b) Discounts for quantity purchases where they are actually allowed. Page 18. c) Taxes directly paid by the Contractor which are separately stated and required by law. The Contractor shall maintain an advertising rate which is not below what is considered at the time to be a standard rate within the advertising industry for the space available except with the written approval of the City Manager. The Company shall furnish a detailed accounting of the revenues upon which each monthly payment is figured in such form as - is agreed upon between the Contractor and the City. 6. REQUIREMENTS OF CONTRACTOR The Contractor shall complete the following requirements at its sole expense in providing Bus Shelters and/or Bus Benches within the City of Miami. a) Make an inventory of all Bus Benches located within the City of Miami and notify the respective owners to remove unauthorized Bus Benches from the City Right -of -I -lay. b) Provide Bus Benches in accordance with approved Bus Bench design standards at each City bus stop with advertising as permitted in Zoned areas classified as C-1, C-!A, C-2A, C-4, C-4A, C-5, 1-1, I-2,IN-1 and along 4 lane arterials abutting property zoned residential except for R-1, R-IA, R-IB and R-2 areas; however, such locations shall not include City public property or property used by the City for Public purposes. No advertising shall be allowed on Bus Benches and/or Bus Shelters located on any street or sidewalk area when such street or sidewalk area abuts any property owned or utilized for municipal or public purposes nor shall any advertis- ing be allowed on MTA Bus Stops where there is a reasonable objection from an abutting property owner, that is acceptable by the City Manager. Page 19. c) Prepare a design sketch showing existing topography and proposed location of each Bus Shelter- or Bus Bench at MTA Bus Stops where such facilities are to be installed. d) Request a permit approval from the City Manager or his designee for each proposed location. e) Provide the City with plans and specifications for each proposed Bus Shelter location. f) Construct, erect, install or otherwise provide for a Bus Shelter of a design approved by the City at each authorized location within the City of Miami containing at least the following features and provided at no cost to the City: 1) Adequate Lighting during periods of darkness 2) Provisions for seating in Shelters where space is available 3) Telephones in Shelters where Public Telephone Service can be made available. 4) I -lap, literature holders and adequate trash recepticals 5) Clear vision with minlmun obstruction on 3 sides of the Shelter ' with at least a 20 opening on the fourth side 6) And such other features as may be required by Law or agreed upon by the Contractor and the City. g) To restore all public property to City specifications and repair any damage to facilities serving private property in conjunction to installing _ Bus Shelters. h) Provide adequate maintenance and repair of all Bus Shelters and/or Bus Benches throughout the term of the Contract. i) To rl:,intain the maximun amount of paid advertising on each Bus Shelter and/or Bus Bench where permitted by Law or otherwise provided for in the Contract. Page 20. t • 7. CLAIMS AGAINST THE CITY The Company covenants and agrees that it shall indemnify, hold harmless, and defend the City from and against any and all claims, suits, actions, damages or causes of action arising during the term of the Agreement for any Personal Injury, Loss of life, or Damage to Property sustained by rea- son of or as a result of the Company's installation, maintenance or opera- tion of the Bus Shelters and/or Bus Benches, and from and against any or- ders, judgements or decrees which may be entered thereon, and from and against all costs, attorneys fees, expenses and liabilities incurred in and about the defense of any such claim and the investigation thereof. 8. INSURANCE The Company shall indemnify and hold the City harmless from any and all claims, liability, losses, and causes of action which may arise out of the Company operation of this Agreement and shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all suits in the name of the City when applicable, and shall pay all costs and judge- ments which may issue thereon. The Company shall maintain during the term of this Agreement the following insurance and conditions: a) Public Liability Insular}ce in the amounts of not less than One Million Dollars, $1,000,000.00 per occurrence for death or bodily injury and not less than Fifty Thousand Dollars, $50,000.00 per occurrence for property damage. b) The City shall be named as an additional insured under the policies of insurance required under this Agreement. c) The City shall be given at least thirty (30) days advance written no- tice of cancellation of said policies or any material modifications thereof. Page 21. 0 F4 r) : ' d) Certificates of insurance shall be filed with the Finance Department, Risk Management Division of the City of Miami. e) The insurance coverage required shall include those classifications as listed in standard liability insurance manuals, which most nearly re- flect the operations of the placement of Bus Shelters and/or Bus Ben- ches within the Public Right -of -Way. f) All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida and must be rated at least "A" as to management and Class "X" as to financial strength, all in accordance to A.M. BEST'S KEY RATING GUIDE, latest edition. g) The City reserves the right to amend the insurance requirements as circumstances dictate in order to protect the interest of the City in this Agreement. h) The Company shall furnish certificates of insurance to the City prior to the Commencement of operations, which certificates shall clearly indicate that the Company has obtained insurance in the type, amount and classifications as required for strict compliance with this cove- nant. 9. PERFORMANCE BO''D ThP successful, bidder for the Contract to supply Bus Shelters shall furnish to the City a Surety Bond in the amount of $250,000 or put L;o a deposit with the City in an amount equal to one years projected revenue to the City re- sulting from the total bid as calculated by the bidder and agreed to by the City Manager. In the event the bid for Bus Benches is awarded separate from the Bus Shelter Contract the successful bidder shall furnish the City with a Surety Bond in the amount of $25,000 or put up a deposit with the City in an amount equal to one years total bid as projected by the bidder and agreed to by the City Manager Page 22. 10. OWNERSHIP OF SHELTERS AND BENCHES The Contractor shall retain sole ownership and responsibility for the Bus Shelters and/or Bus Benches pursuant to this agreement for the purpose of insurance, liability, repair and maintenance. Shelters may be removed only by agreement between the Contractor and the City. For the purpose of valua- tion the Bus Shelters and/or Bus Benches shall be depreciated based upon actual Installation and Construction Costs on a Straight Line Basis over a nine year period. The City retains the right to take possession of the Bus Shelters and/or Bus Benches at the depreciated value or require their removal at the end of the Contract period or upon termination of the Contract. 11. PURCHASE BY THE CITY In the event the Contract is terminated for any reason the City shall have the right to purchase the Shelters at the Depreciated Value described in • Section 10 of these specifications. In addition the City shall have the right to purchase, install and maintain such other Bus Shelters and/or Bus Benches as the City may determine to be in its own best interests. 12. CANCELLATION+ BY tiGREEIIENT The City shall have the right to canceii and terminate the Contract for reasons that include: 1. Insolvancy of the Contractor 2. Inability of Contractor to pay its debts 3. Bankruptcy of the Contractor 13. NON ASSIGNABLE This agreement shall not be assignable by the Contractor without the express written approval of the City of Miami. Page 23. 14. PERMITS ■ The Contractor shall be responsible for obtaining any and all permits that may be necessary to place Bus Shelters and/or Bus Benches in the public Right -of -Way regardless of the level of government from which they must be obtained Bus Shelters and/or Bus Benches shall be constructed to meet all applicable City, County and State regulations and Building Codes. 15. ADVERTISING Advertising space shall be limited to one illuminated double faced panel at one end of the Shelter or two panels located at the rear of the Shelter in a V-shaped configuration that extends no further than 2.5 feet from the back of the sidewall',where space is avai1able.and no closer than 2.0 feet from the top of the sidewalk. The City reserves the right to use up to 5 of the available advertising space for Public Service Messages which shall be produced on the appro- priate panels by the company at no cost to the City. 16. BUS SHELTERS ANW OR BUS BENCHES WITHOUT ADVERTISING _ The Contractor shall provide 50 Bus Shelters with a design that is accep- table to the City to be constructed, installed, illuminated, insured and maintained at locations to be determined by the City t•?anager,withou t ad- vertising -nd at no cost to the City. The cost of such shelters will be amortized over the total period of the Contract so that at the end of nine years the City may accept ownership of the Shelters without cost to the City or require that the Contractor remove those Shelters that the City does not accept at no cost to the City. The Contractor shall provide sufficient Bus Benches to permit the place- ment of at least one Bench per authorized bus stop,as determined by the City Manager,in areas where advertising is not permitted at no cost to Page 24. • the City. Such Benches will be constructed, installed, moved, removed, insured and maintained at the sole expense of the Contractor and remain the property of the Contractor. The City shall have the right to purchase said Bus Benches at the end of the three year term for the cost of providing said Benches. 17. INSTALLATION, MAINTENANCE AND REPAIRS The Contractor shall be solely responsible for the proper installation, main- tenance and repairs of all Bus Shelters and/or Bus Benches as the case may be. They shall be kept in a clean and presentable condition for use by the general public. 18. PAYMENT OF UTILITIES The Contractor shall be responsible for all utility connections as well as the payment of any deposits ar,d/or monthly utility bills. The City will make available utility records that may be helpful in providing the closest availa- ble connection to the Bus Shelter location. 19. AUDITS AND ACCOUNT Mr; RECORDS The Contractor shall provide to the City a record of all revenues and expenses regarding Bus Shelters and/or Bus Benches and advertising fees in such form as will provide for a strict accounting of the payments to be made to the City in a manner that is acceptable to the City Finance Department. The Contractor shall produce any such records that the City may request in the interest of verifying the correctness of the fee to be paid to the City. 20. CONFOR1,1ITY TO LAI,J The Contractor agrees to comply with all laws, ordinances, regulations and orders of Federal, State, County and 'lunicipal authorities pertaining to the installa- tion and maintenance of Bus Shelters and/or Bus Benches. Page 25. 21. TAXES The Contractor shall pay any personal property taxes or other taxes that may be required as a result of fullfilling the terms of this contract. 22. TERMS OF BUS SHELTERS AND/OR BUS BENCHES ORDINANCE The Terms listed in City of Miami Ordinance "9190 and shown as exhibit "B" shall be incorporated in the contract whenever such terms are appropriate. 23. CONTRACTURAL AGREEMENTS WITH OTHER CITIES If the Contractor has entered into or ever does enter into an agreement with a city, county, or th`irgovernmental agency for the provision of bus shelters and/or, bus benches,and the City of Miami considers the terms and conditions of said agreement to be more favorable to the other governmental agency than is the Contractor's agreement with the City of Miami, the City of Miami can require the Contractor to renegotiate the agreement with the City to include said favorable terms and conditions. 24. BUS BENCH INSTALLATION Whenever it is necessary to place a Bus Bench on the ground, the Company shall provide a concrete slab or asphalt surface that is level, safely set back from the street pavement, at least 4" thick and extends at least 1.0' beyond the limits of the seating area of the Bus Bench. The exact locations to be determined by the City Manager. Page 26. Ix EXHIBITS .(380, = i G SM " EXHIBIT A. LISTING OF GEOGRAPHICAL DISTRICTS 1. District 1: All of the city north of N.E. and N.W. 36th Street including N.E. and N.W. 36th Street. 2. District 2: All of the city east of N.W. 27th Avenue, south of N.E. and N.W. 36th Street and north of Flagler Street including N.W. 27th Avenue and Flagler Street. 3. District 3: All of the city west of N.W. and S. W. 27th Avenue south of N.W. 36th Street and north of S.W. 8th Street including S.W. 8th Street but excluding N.W. and S.W. 27th Avenue. W 4. District 4: All of the city south of Flagler Street between the Bay and S.W. 27th Avenue and south of S.W. 8th Street west of S.W. 27th Avenue, including that portion of S.W. 27th Avenue between Flagler Street and S.W. 8th Street but excluding Flagler Street and further excluding that portion of S.W. 8th Street west of S.W. 27th Avenue. EXHIBIT B. ORDINANCE NO. 4 ' n r1 AN ORDINANCE. AMENDING SECTIONS 54-57, 54-58 AND 54-60 OF ARTICLE 1I1, "BUS BENCHES" OF CHAPTER 54, "STREETS AND SIDEWALKS" OF THE CODE OF THE CITY OF MIAMI, FLO71DA (1980), AS AMENDED, BY PROVIDING FOR THE ELIMINATION OF ALL DESIGNATED GEOGRAPHICAL DISTRICTS IN CONSIDERING THE LOCATION FOR PLACEMENT OF BENCHES AND/OR SHELTER STRUCTURES AT BUS STOPS WITHIN THE CITY; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE BE IT ORDAINED BY THE COMMISSION OF THE -CITY OF MIAMI, - FLORIDA: Section 1. Sections 54-57, 54-57 and 54-60 of Article III entitled "Bus Benches" of the Code of the City of Miami, Florida (1980), as amended, are hereby amended in the follow- ing particulars: [ CHAPTER 31 j [ STREETS AND SIDEWALKS [ ARTICLE III. BUS BENCHES Above bracketed portion merely indicates proper location of amended material. �See. 5.1-57. Districts established. —1-i k --.Y t-V- � M:�!-!•.- ca ri H i<-y � f1 !-.-� H r-(r H e'r',t rr.Rtir{yiC +". tt.t{t,R-� ,Y.YT+'tsN, t`. `^.^t•:R Z:r-_-•�rz.c tS 3TL -in-neee-e�-HenPhNa Bunches and/or shelter structures located at hu, 5�tup. to c.,n%'enicnce and to accun,modatr the mernbcrs of the public uErng t:a_>cs for t:an,portatiun, wrti- shall di.wk4_.t.« he tha subject of propc,,als from contrnerciai ad%cru<ing f;:rr. Ai:!;n,; to pay the city for the nk•ht to in-tal! and Maintain bus benches an?,or 1,ushelter structures in the public right -of -Ha} in the city, upon %ehich benches ond,'or shelter structure advertising rnessa;:es can be placed, subject to applicable rules, r(';ZL;!atj,,nc, ordinances and statutes g,,verning the location, installa- tion and maintenance of said benches and/or shelter structures. -fH-f?ist+ic^:�-!,�:-Yri-thr-c�'--•t^n�4�•f'-tid� or+.ltti,LSD:',4;t-!r?,Hertri+ki.y.!ar:-� ,�a•�ls.a+�.i- st F f)r.rt r rY t Y - rI F nf� r.e t it r e pit <.f ?w V�- 2:Nr rr.•rcm.n;-�,�Nr-of-��7.-e�cr �iaF-eF,th ------------------------------------------------------------ 1/ Words and/or figures stricken through shall be deleted. Underscored %%ords and/or figures constitute the amendment proposed. Remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. $tseet A n d ru.rtl �-of-F-1 a R� G c S CrC u_ W C lud . iag-tNAV,2:0-�Av ruw wd-1:Ja4locStrz- —( �.�tlGiraGlJ:.Aticfand '3:t�`._>^,Lh-tcetTtte-stnr2h�ri-i'`-�i'-nth - 3trcet - ar+d•-rxxth• -ef- $-41'- -Atl<r S•t rret i nrl n d irr„ -S. �w.-&t#;-SKeet- § irt- a vc�icsdi Rg NAV-aru".-W--22 1L Avs-0ue- -- -(.t}ll+striut�7:l�.11_of_Lhc•r�.:• s.�uthnC-EldKlrt_ Stzeri-6elucr�•�S6eJL•u•_acri �11:2"lh /h2nne a n d s rnTthZrf Ott= `? N r S treet�vest - Of - mg-W- -2'i4 h - AVP R W_ ; - J4W4; "R g- -that - portien-.4Yc�nue-betweew- Fia;;- exe kxitrtfi- -F1-t gle F - F, bra et- -arid- -fax thes -eatkrdttM-fi�t �>«+HK�ref-4.1V.1:tkt-street west of rs-W7 -2 ;: tsr A Ye-rm)." . Sec. 54-58. IMinimum bid. The minimum bid shall not be less. than twelve dollars (,� 12.00) per bus bench contain- ing advertising irr a ��Af tk��ewr-Ha�+s:Net� "de..+efi4)t-44ft coon-:ri ;.: «,t t-his,eha-ptep,. The bid shali be for -all existing and/or pro- spective bug benches of which no more than eighty (80) percent shall contain commercial advertisin:;. One-half (' -) of the said benches withuut commercial advertising may be used fur public ser%�ce information pertaining to nonprofit objec- tives. The decision as to the des/-natiun of a public service bus bench, in the event of a disagreement, shall rest solely in the discre- tion of the city manager, whose decision shall be final. • Sec. 54.60. Agreement required. The agreement between the city and any commercial advertising firm shall incorporate the specifications used as the basis for soliciting bids from conmercial advertising firms. Said agreement shall include the following provisions, using either "bus ben- ches" and/or "bus shelters" ns applicable: "NOW, THEREFORE. IN CONSIDER- ATION OF THE PROMISES AND OF THE TIUTUALCOVENANI'S AND UNDERTAK. INGS HEPZZINAFTIER CONTAINED BY THE: PARTIES HERETO, TO BE OB. SERVED AND PERFOR\1 F.D, AN D OTHER GOOD AND VALUABLE CONSIDER- ATIO\,THE PARTIES HL•'RE'10 DO BIND THEMSELVES HEREBY AND AGREE AS FOLLOWS. TO WIT: —2- 11 9190 "Section 1. The CITI' OF 1\11ARI1, herein' referred to as the'CITY' grants to hertinnfter referred to as the'CONIPA1l" the ti-ght to install bus benches nndior bus shelters approved by the CITN' ire-t=i7P}_ de+f�n rt�cidis!ri -� at t;us stops identified by the CiT1' as requiring bus benches and/or bus shelters for the convenience of the traveling public, suniect to the provisions herenf, and further subject to the provisions of all sections of Article 111. 'Bus Benches', of Chapter 54, 'Street: and 11deA j1ks', of the Code of the City of Miami, Florida, as well as the provisions of all applicable state statutes. Thiscontractshall commenceon and expire on _. Section 2. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this ordinance are hereby repealed. Section 3. If any section, part of section, paragraph, clause, phrase, or word of this ordinance is declared invalid, the remaining provisions ofthis ordinance shall not be affected. PASSED ON FIRST READHING ONLY this 9th day of October 1980. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 30th day of Qrtohnr 1980. Maurice A. Ferre M A Y 0 R ATTZ.&T-; - Vim.'- RAL G OI:GIE G/ CITILERK PREP QED At:D APPROVED BY: ROBERT I. CLAEK. ASSISTANT CITY ATTORNEY APP ED AS TO AND CORRECTNESS: GEOR' ' F. Kt:OX, JR. CITY TTORNEY —3- b 919 Q EXHIBIT C. 36" x 46" BLUE LINE MAP AVAILABLE ON REQUEST