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HomeMy WebLinkAboutExhibit 9ATTACHMENT "A" SCOPE OF SERVICES 1. INSTALLATION OF BUS BENCHES, BUS SHELTERS AND ILLUMINATED PANELS 1.1 CONTRACTOR has installed and is maintaining at no cost to the CITY 1500 Bus Benches at designated locations throughout the CITY. Of the 1500 total Bus Benches, no more than 500 shall be Advertising Bus Benches. 1.2 The Contract Administrator, with the assistance of CONTRACTOR, shall identify and prioritize the locations. for installation. The decision of the CITY with respect to the installation and maintenance of the Bus Benches and Non -Advertising Bus Shelters shall be final. 1.3 CONTRACTOR, at its sole expense, shall obtain all permits, and licenses, and pay all applicable fees for Bus Benches, Bus Shelters, Illuminated Panels and Trash Receptacles. CONTRACTOR shall be solely responsible for payment of all taxes, fees or surcharges imposed by any governmental body, other than a direct tax on Bus Benches and Bus Shelters first imposed after the execution of this Agreement by the CITY, arising from CONTRACTOR'S performance of this Agreement. The foregoing notwithstanding, nothing in this Agreement shall preclude the CITY from receiving a portion of any taxes or fees imposed upon CONTRACTOR by an entity other than the CITY. 1.4 A copy of each building permit and each permit to use the land on which each Bus Bench, Bus Shelter or Illuminated Panel will be installed shall be furnished by CONTRACTOR to the Contract Administrator no later than three (3) weeks prior to the installation of the Bus Bench or Bus Shelter. Upon completion CONTRACTOR shall furnish the Contract Administrator with a copy of each Certificate of Completion. 1.5 CONTRACTOR represents that as of November 1, 2006 it has installed 360 Advertising Bus Benches. CONTRACTOR shall bring the total number of Advertising Bus Benches to no more than 500. The Non -Advertising Bus Shelters shall consist of 400 "Slim" Non -Advertising Bus Shelters as depicted in Attachment D and 100 "Regular" Non -Advertising Bus Shelters as depicted in Attachment E. Furthermore, the CONTRACTOR will install 100 "Regular" Advertising Bus Shelters as depicted in Attachment F. 1.6 All Bus Shelters shall be placed only at Miami -Dade Transit Authority recognized bus stops. CONTRACTOR shall have sole discretion regarding placement of the 100 Advertising Bus Shelters at bus stops within the city limits. The CITY shall have the sole discretion regarding placement of the 500 Non -Advertising Bus Shelters at bus stops within the city limits. All 600 total Bus Shelters and .corresponding Trash Receptacles are to be installed within three (3) years after execution of this Agreement and final approval and certification of the master Bus Shelter design and the master Draft of 02/26/07 with highlights cleared 27 permit approval by the CITY. CONTRACTOR shall diligently commence and process all such approvals and certifications. Bus Shelters shall be installed according to the following schedule: Year 1: 50 Advertising and 150 Non -Advertising Bus Shelters and 200 Trash Receptacles Year 2: 50 Advertising and 150 Non -Advertising Bus Shelters and 200 Trash Receptacles Year 3: 200 Non -Advertising Bus Shelters and 200 Trash Receptacles 1.7 The CONTRACTOR shall relocate the existing Bus Benches or Advertising Bus Benches at bus stop locations where Bus Shelters are to be placed. Locations for Bus Bench replacement shall be at the sole discretion of the CITY and may be at bus stops or other locations within the city limits and will be at the sole expense of the CONTRACTOR. CONTRACTOR will be precluded from placing Advertising Bus Benches at the same site as Bus Shelters. Existing Advertising Bus Benches which are converted to Advertising Bus Shelters shall count against the maximum citywide total of six hundred (600) Illuminated Panels allowed. These converted Bus Shelters shall not count against the new one hundred (100) Advertising Bus Shelters which are at the CONTRACTOR's discretion. 1.8 If the CONTRACTOR is unable to commence, proceed or complete the above services because of delays caused by factors outside the control of CONTRACTOR, the CITY may by its Contract Administrator, but shall not be required to, grant an extension of time for commencement, delivery or completion of the services. It shall be the responsibility of CONTRACTOR to notify the CITY promptly in writing whenever a delay in approval by a governmental agency is anticipated or experienced, and to inform the CITY of all facts and details related to the delay. 1.9 Notwithstanding anything to the contrary of the Agreement, the CONTRACTOR AND CITY have agreed on the respective designs of the Bus Bench, Bus Shelter, Illuminated Panel and Trash Receptacle to be installed pursuant to the terms of the Agreement. However, in the event that in the future due to public health reasons it is determined that the designs must be modified, the CONTRACTOR and the CITY shall work together when designing Bus Benches, Bus Shelters, Illuminated Panels and Trash Receptacles. CONTRACTOR shall propose one or more Bus Bench, Bus Shelter Illuminated Panel and Trash Receptacle designs to the Contract Administrator for consideration and selection by the CITY. The Contract Administrator may request additional designs until fully satisfied with the final products. In selecting a design, the Contract Administrator may consider the character of the community in which the Bus Bench, Bus Shelter, Illuminated Panel and Trash Receptacle is to be located, the needs of the public, aesthetics, safety, utility, and existing laws, codes, rules and regulations. All Bus Bench, Bus Shelter, Illuminated Panel and Trash Receptacle installations shall be performed in accordance with the approved designs and permitted drawings. Draft of 02/26/07 with highlights cleared 28 1.10 Failure to meet any of the established timeframes for installations and/or removals established in this Agreement, which have not otherwise been granted an extension pursuant to the terms herein, will result in liquidated damages to be assessed at the rate of $100 per Bus Shelter per week of delay or any portion of such week. Liquidated damages shall not be assessed for delays cause by Acts of God or delays caused by the City. II. MAINTENANCE, REPLACEMENT AND REMOVAL OF BUS BENCHES, BUS SHELTERS, AND ILLUMINATED PANELS; SAFETY CONSIDERATIONS 2,1 Construction, installation and maintenance of Bus Benches, Bus Shelters and/or Illuminated Panels shall be in accordance with all applicable building codes and standards. Special accommodations shall be provided to meet all ADA requirements for access to public transportation facilities. In addition to those set forth by law, the following minimum standards shall be complied with when installing and replacing Bus Benches, Bus Shelters and/or Illuminated Panels pursuant to this Agreement: a) Bus Benches, Bus Shelters, and/or Illuminated Panels may be installed only at bus stops or other locations designated by the CITY; b) Bus Benches, Bus Shelters, and/or Illuminated Panels are prohibited in medians and on limited access facilities; c) Bus Benches, Bus Shelters, and/or Illuminated Panels may not be located within fifteen (15) feet of any fire hydrant or handicapped parking space; d) Bus Benches, Bus Shelters, and/or Illuminated Panels shall not obstruct any sidewalk, bike path, pedestrian path, driveway, drainage structure, or ditch, and shall provide at least three (3) feet of clearance for pedestrian traffic; e) Prior to the installation of Bus Benches, Bus Shelters, and/or Illuminated Panels, the impacted utility companies must be notified to determine location of the utilities and prevent conflicts; f) All utility connections for Bus Benches, Bus Shelters, and/or Illuminated Panels shall be as per the permitted drawings. 2.2 CONTRACTOR shall submit a typical drawing of each type or model Bus Bench, Bus Shelter, and Illuminated Panel to be utilized in the Project. The drawings shall include all configurations, dimensions, connections, panels, method of installation, lighting and wiring diagrams for each type or model. Draft of 02/26/07 with highlights cleared 29 2.3 The name and emergency (1-800) telephone number of the CONTRACTOR along with a unique number assigned by Contract Administrator, showing location and date installed shall be placed along the leading edge of each Bus Benches and Bus Shelters in bold, black letters and numbers two (2) inches in height on a light-colored background. 2.4 CONTRACTOR shall preserve all existing utilities. CONTRACTOR shall repair or caused to be repaired at CONTRACTOR's sole expense any damage caused to any utilities by installation of Bus Benches, Bus Shelters, and/or Illuminated Panels. 2.5 All Advertising Bus Benches, Bus Shelters, and Illuminated Panels shall be powered with underground or solar electrical service at CONTRACTOR's expense. Overhead electrical lines or transformers are not permitted. 2.6 Upon installation of Bus Benches, Bus Shelters, and/or Illuminated Panels, CONTRACTOR shall prepare an updated inventory sheet indicating the number and location of each Bus Bench, including the unique number assigned to it by the Contract Administrator. 2.7 CONTRACTOR shall timely provide Contract Administrator with a Certificate of Completion for each Bus Bench, Bus Shelter, and/or Illuminated Panels installed pursuant to this Agreement. 2.8 Bus Benches, Bus Shelters, and/or Illuminated Panels shall be removed and relocated, at CONTRACTOR's sole expense, due to private development, public works projects, public convenience, Mass Transit Division route or stop changes, repeated vandalism. In the event that any Bus Benches, Bus Shelters and/or Illuminated Panels have been an object subject to excessive and continuous vandalism ("continuous vandalism" shall mean damages which have been incurred over a twelve-month period for which repair costs in the period exceed one-third of the Bus Benches, Bus Shelters and/or Illuminated Panels installation value) the CITY agrees that CONTRACTOR may, at its option, remove such Bus Bench, Bus Shelter, and/or Illuminated Panels from such location and install it at another mutually agreed upon location within The City of Miami. Any Bus Bench, Bus Shelter, and/or Illuminated Panels required to be removed by CONTRACTOR in case of deletion of an authorized bus stop or vandalism, shall be removed within fifteen (15) business days of receiving written request from the CITY. 2.9 The Contract Administrator may, for reasonable cause, request the CONTRACTOR to remove or transfer Bus Benches, Bus Shelters, and/or Illuminated Panels from any location, when it appears that: a) A traffic hazard exists or may be created; b) Public safety may be endangered; c) The Bus Bench, Bus Shelter, and/or Illuminated Panels are improperly placed; Draft of 02/26/07 with highlights cleared 30 d) The Bus Bench, Bus Shelter, and/or Illuminated Panels are incompatible with the surrounding community. e) When bus stops are eliminated due to permanent bus route change. 2.10 If a Bus Bench, Bus Shelter, and/or Illuminated Panels is damaged to the extent that it creates a hazardous condition, the CONTRACTOR shall repair, replace or remove the Bus Bench, Bus Shelter, and/or Illuminated Panels and restore a safe pedestrian/rider environment within forty-eight (48) hours of notification by the Contract Administrator, or sooner if the CONTRACTOR knows or has reason to know of such condition. If a Bus Bench, Bus Shelter, and/or Illuminated Panels presents a life safety problem, the CONTRACTOR shall immediately repair, remove, or replace the unit within twenty-four (24) hours of notification by the Contract Administrator, or sooner if the CONTRACTOR knows or has reason to know of such safety related problem. CONTRACTOR shall pay CITY the sum of Fifty Dollars ($50.00) per day for each day after notification that a Bus Bench, Bus Shelter, and/or Illuminated Panels remains in an uncorrected condition. III. CLEANING AND MAINTENANCE STANDARDS 3.1 CONTRACTOR shall, at its own expense, maintain the Bus Benches, Bus Shelters, and/ Illuminated Panels in a clean and serviceable condition. CONTRACTOR shall provide a minimum once per week cleaning and maintenance service of Bus Benches, Bus Shelters, and/or Illuminated Panels including the removal of debris, rubbish, foreign matter and graffiti from the area around each Bus Bench, Bus Shelter, and/or Illuminated Panels. 3.2 CONTRACTOR shall provide maintenance and repair services to Bus Benches, Bus Shelters, and/or Illuminated Panels within forty-eight (48) hours of verbal or written notification by the Contract Administrator. 3.3 In the event the CONTRACTOR fails or refuses to remove or correct any defective work or to make any necessary repairs in an acceptable and expeditious manner this Agreement, within forty-eight (48) hours from receipt of written request by the Contract Administrator, the Contract Administrator may remove or cause to be removed the unacceptable or defective work or make such repairs as may be necessary. Any expense incurred by the CITY in making these removals, or repairs, shall be charged to the CONTRACTOR. 3.4 Replacement Schedule. CONTRACTOR shall repair or replace all damaged Bus Benches, Bus Shelters, and Illuminated Panels as needed. In addition, full replacement of Bus Benches, Bus Shelters, and Illuminated Panels will be completed based upon manufacturers' established life cycles. IV. ADVERTISING ON BUS BENCHES AND BUS SHELTERS Draft or02/26/07 with highlights cleared 31 4.1 In order to engage in the business of outdoor advertising, CONTRACTOR shall comply with Section 337.408, Florida Statutes, as the same is amended from time to time during the term of this Agreement and any extensions hereof.. 4.2 CONTRACTOR may sell and display advertising only on the Advertising Bus Benches and Advertising Bus Shelters. Subject to the options under Section 4.1 above of the Agreement regarding Illuminated Panels from 601 to 750, all advertising revenues shall be payable to the CONTRACTOR. The CITY may reasonably object to any advertisement placed in or on any Bus Bench, Bus Shelter, and/or Illuminated Panels and CONTRACTOR shall remove such advertisement immediately upon request from the CITY. V. PROJECT MANAGEMENT 5.1 CONTRACTOR shall designate a project manager and a maintenance manager and provide the names of these managers to the CITY. The project manager and the maintenance manager shall be available to the Contract Administrator at all reasonable times for discussions regarding this Agreement. 5.2 CONTRACTOR shall maintain a local office in the City of Miami at all times during the term of this Agreement. CONTRACTOR'S project manager shall be available at all times during this Agreement for immediate response to any request for the CITY or the Contract Administrator. Time is deemed of the essence to any emergency situation and it is the intent of the parties that the CONTRACTOR is available and prepared to respond to the situation ma timely and effective manner. 5.3 CONTRACTOR shall provide personnel having management, operation, project management, and maintenance expertise necessary to operate the project which shall include: a) Providing day-to-day operational supervision of the Project; b) Providing Bus Benches, Bus Shelters, and/or Illuminated Panels per the required design unless an alternative is approved by the CITY; c) Ensuring the advertising on Bus Benches, Bus Shelters, and/or Illuminated Panels is in accordance with the CITY's printed advertising policies; d) Assisting the CITY in identifying appropriate locations for the placement of Bus Benches, Bus Shelters, and/or Illuminated Panels. Draft of02/26/07 with highlights cleared 32