HomeMy WebLinkAboutRFP - P793 BUS SHELTERS BENCHES ADVERTISING ON SAMEREQUEST FOR PROPOSAL
CITY OF FORT COLLINS
BUS SHELTERS/BENCHES & ADVERTISING ON SAME
PROPOSAL NO. P793
Ci�y of Fort Collins
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PROPOSAL DATE: FRIDAY, MAY 11, 2001 3:00 p.m. (our clock) ,
Collusive or sham proposals: Any proposal deemed to be collusive or a sham proposal will be
rejected and reported to authorities as such. Your authorized signature of this proposal assures
that such proposal is genuine and is not a collusive or sham proposal.
The City of Fort Collins reserves the right to reject any and all proposals and to waive any
irregularities or informalities.
Sincerely,
Ja es B. O'Neill II, CPPO
ctor of Purchasing & Risk Management
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SCOPE OF WORK
Introduction:
The City of Fort Collins Transfort is requesting proposals from qualified firms to provide Transfort
with Bus Shelters and Benches and advertising on shelters and benches. Qualified firms will
provide all necessary labor, equipment and materials to construct and provide maintenance of
approximately 105 new bus shelters and 400 benches please state your lead time needed to
install the shelters/benches) as well as maintaining an effective advertising sales operation
sufficient to support the capital and operating expenses of the program as well as non advertising
capabilities in accordance with all current applicable laws and regulations. Under the current
contract, the city has approximately 347 benches in use (249 concrete & 98 steel). The City also
owns five (5) bus shelters which the Contractor will be required to maintain and provide advertising
on.
Contractor shall submit all cost based on an annual contract renewable for 5. 10 or 15 year
periods Also submit specifications and design of rrooposed shelters and benches, and a
minimum anticipated yearly dollar amount that you will pay Transfort in addition to your
percentage of revenues
Project Overview:
The Contractor will provide the following at its sole cost and expense and without any cost or
expense to the City, with such limitations as provided in the specifications.
The Contractor shall furnish, install, repair and maintain bus shelters and benches as specified
and directed by the City representative and written approval from same, at all approved
Transfort bus stops, Contractor will retain ownership of all such shelters and benches
throughout the term of this contract and must provide a lien waiver to the City. All shelters and
benches shall become the property of the City at the end of the contract term. If contract is
terminated prior to its full term, the City shall have the option of purchasing any bus shelters or
benches.
Please submit a cost schedule for the City to purchase bus benches and shelters should the /
contract be terminated early for whatever reason. When calculating cost, consider the age of
the. benches/shelters. (i.e. cost per bench/shelter after 1 yr, 2yrs etc.)
In addition to the services mentioned above, the Contractor shall make a "good faith" effort to sell
appropriate advertising space on designated shelters and benches throughout the term of this
contract.
All advertising content, design, size, and colors must be approved by the City
representative in writing prior to being displayed on any bus benches and bus
shelters.
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Basic Overview of Tasks:
The overall objective of the Contractor will be to install, maintain and sell advertising for all
designated bus shelters and benches, at all approved Transfort bus stops for approximately 105
shelters and 400 benches to be installed during the first year of the contract. Installation of
individual shelters and benches shall be completely installed and operable within 60 days, upon
written notification on where they are to be installed. Future quantities of shelters and benches to
be installed will be addressed upon renewal of each contract period. Advertising must be sold
on all designated shelters and benches within sixty (6Q) days of completion of each
individual site. The following tasks should be included, but are not limited to:
1. GENERAL REQUIREMENTS for SHELTERS/BENCHES
a. At all times during the performance of this Contract, Contractor shall strictly observe and
conform to all applicable federal, state and local laws, rules, regulations and orders that have
been or may hereafter be established.
b. Contractor must provide all cost, labor, installation, material, concrete pads, permits, license
and maintenance related to placing designated bus shelters and benches as designated by the
city representative.
c. All work and advertising shall be performed in compliance with all applicable current federal &
state laws, rules and regulations including American Disabilities Act (ADA) and approved by
City Engineers.
_.-mod. All shelters and benches will be per the city standard: City of Fort Collins Transit Design
Standards and Guidelines manual for transit stop designs, which may be viewed at the
Purchasing office, 256 W. Mountain Avenue. The City sign code may be viewed at Fcgov.com,
go to departments, then City Clerk, Municipal/Land codes, Municipal codes, Chapter 24 Streets
& Sidewalks, Article 1 under General.
e. Contractor shall be responsible for obtaining at its sole cost and expense, encroachment
permits, building permits, or such other regulatory permits or approvals as may be required for
the construction of the bus shelters or benches, including Property Owner notification form and
provide copies of such permits/approvals to the city representative.
f. Construction of a concrete pathway from the bus shelters or benches to existing sidewalk, and
such other related improvements as may be required in order to comply with the ADA, shall be
the sole responsibility of the Contractor.
g. Contractor may subcontract for project management, site preparation, installation and
maintenance of bus shelters and benches, provided that a list of names of subcontractors is
submitted with your proposal. Contractor shall be ultimately responsible for the performance
of this contract.
- h. Contractor will not place any shelters or benches in the City prior to receiving written approval
from the City representative. Once such approval has been received, said benches/shelters
shall be installed within 30 days with no subsequent modification of any shelter or bench
allowed without written approval from the City representative.
1. Contractor agrees to bear all costs relating to the operation of the overall project.
j. Colors of shelters and benches shall be submitted and approved by the city representative in
writing, prior to any installation of such shelters or benches.
k. The number of shelters or benches placed at any single bus stop site shall be limited to one (1)
unless an exception is made by Transfort to conform with the Transit Design Standards or a
need created by passenger usage or other factors.
1. Installation of shelters and benches may only occur between the hours of 6am and 7pm daily.
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`M. Contractor shall relocate any bus shelters or benches to a location determined by the City,
within thirty (30) days after its receipt of a written request to do so by the City. Contractor shall
remove any bus shelter upon thirty (30) days written notice thereof to the City in the event that
any city, state, federal or other governmental authority hereafter imposes any rules, regulations
or laws which Contractor and City representative determines to have effect of materially
diminishing the value of such transit shelters/benches for advertising purposes. In the event of
such removal, Contractor shall not be entitled to retain or recover any costs associated with the
construction and installation of the removed shelter and benches.
n. Contractor will retain ownership of all such shelters and benches throughout the term of this
contract. All shelters and benches shall become the property of the City at the end of the
contract term. If contract is terminated prior to its full term, the City shall have the option of
purchasing any bus shelters or benches.
o. Contractor shall maintain the bus shelters and benches in a clean, sanitary and reasonably
litter -free condition. Sweeping, cleaning, emptying trash receptacles, removing graffiti, litter and
debris shall be completed no less frequently than once every four(4) days. Steam cleaning of
pad and sidewalk areas shall be completed no less frequently than once every six (6) months.
Contractor shall be responsible for ensuring that all bus shelter locations and access to the
nearest sidewalk are promptly cleared of snow for each snowfall of five (5) or more inches
within 4 hours after the snowfall. All sites will have a notification sign posted with the name and
phone number of the contractor for users to contact contractor of problems with the site.
—gyp. Contractor shall repair or replace any damaged or defaced shelters or benches or, individual
parts thereof, as promptly as reasonably practicable after either Contractor discovers such
damages or defacement, or is notified by the City of same, but in any event within five (5) days
(immediately if deemed a safety hazard). If the Contractor fails to complete the required
repair or replacement within the specified period, the City may make such removal or repair and
bill the Contractor for the actual cost incurred plus a 20% administrative fee.
�q. Contractor shall submit on a monthly basis a location report of all bus benches and shelters to
the City representative.
r. Contractor must provide to the City representative a copy of his City sales tax license and
comply with all applicable sales and use tax regulations.
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SHELTERS
a. The bus shelters shall contain lighting to illuminate the inner area of each shelter from dusk to
dawn and shall be equipped with one bench and trash receptacle and a bicycle rack. Some
shelters may require additional items such as an emergency call box.
b. Contractor shall furnish any electrical connections and electricity required or used in order to
illuminate the bus shelters, at its sole cost and expense. (solar power is acceptable)
Each bus shelter shall contain three panels, two of which shall contain space for advertising
displays measuring no more than 48" wide and 72" high, positioned to form a triangular display.
Such displays shall be used solely for commercial -advertising materials as set forth herein. The
third panel shall be for City and Transfort information.
d. For every 10 shelters provided by the contractor with advertising, one shelter without
advertising shall be provided in a location designated by the City, at no cost to the City.
e. Submit specifications and design of proposed shelters_
BENCHES
a. Contractor must provide all cost, labor, installation, material, permits and maintenance related
to placing designated bus benches on approved Transfort bus routes.
b. All work will be performed in compliance with all applicable current state laws, rules and
regulations including American Disabilities Act (ADA) and approved by Transfort Engineers.
c. Construction of a concrete pathway from the bus benches to existing sidewalk, and such other
related improvements as may be required in order to comply with the ADA, shall be the sole
responsibility of the Contractor.
d. Contractor may subcontract for project management, site preparation, installation and
maintenance of bus benches, provided that a list of names of subcontractors is submitted with
.your proposal. Contractor shall be ultimately responsible for the performance of this contract.
e. Submit specifications and design of proposed benches.
f. For every 10 benches provided by the contractor with advertising, one bench without
advertising shall be provided in a location designated by the City, at no cost to the City.
ADVERTISING
a. Contractor shall use its best reasonable efforts to obtain revenue -generating advertisements
for the shelters and benches. Contractor shall not contract for advertising beyond the limits of
the contract with the City. Except with respect to the monthly fee payable to the City pursuant
to Section II. A, below, Contractor shall have the right to retain all revenues generated from the
advertising displays on the bus shelters and bus benches. Contractor shall submit proofs of all
proposed advertising to the City in advance, for approval of content, color, design, and size.
In the event the City provides written notification to the Contractor that a displayed
advertisement is unacceptable to the City, Contractor shall remove such advertisement within
twenty-four (24) hours, or, if Contractor has failed to do so, the City may remove the same at
its own cost and expense and bill Contractor for actual cost incurred plus a 20% administrative
fee.
b. Contractor shall be Prohibited from displaying noncommercial advertising, or the following
types of commercial advertising:
1. Advertising that primarily conveys a political, religious, ideological or other non-
commercial message;
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2. Advertising of alcohol or tobacco products;
3. Advertising that promotes illegal activities or transactions;
4. Advertising that is misleading or deceptive, or that constitutes a public nuisance;
5. Advertising of products or services available to adults only by law;
6. Advertising of any product or service primarily related to sexual or violent activities
or practices, or advertising of any product or service in a manner that is sexually
suggestive or that displays or suggests violence or is inappropriate for minors; and
7. Any advertising reasonably determined to be inconsistent with the above -stated
objectives of the advertising program.
c. Contractor shall provide space on 10 shelters and 10 benches for advertising use by the City
at no charge for the production of signs or the space used for advertising and installation of
signs. In addition, Transfort will have the option of placing its own ads in any "blank" spaces
until such space is sold.
d. No advertising on bus shelters or benches will be allowed in residential areas.
e. Contractor shall pay to the City for any space used by the Contractor for any purpose, and any
such use must conform to all other requirements of the contract.
II. PAYMENTS
The Contractor shall submit a percentage of the gross revenues received -from advertising
displayed on the Contractor's bus benches and bus shelters at Transfort bus stops to be
paid to the City, on a monthly basis. Also submit a minimum anticipated dollar amount that
you will pay Transfort in addition to your percentage of revenues
a. Contractor shall show separate revenue schedules for bus benches and bus shelters.
Contractor shall submit percent of payment based on an annual contract renewable for
5, 10, or 15-year periods.. The City may conduct, and the Contractor shall cooperate in the
completion of quarterly audits of Contractor's receipts. Any adjustments required, as a result
of such audits shall take place during the quarter in which the audit is conducted.
b. Payments shall be remitted to the City on a monthly basis. Actual procedures of how and
when, will be determined between the City representative and the successful Contractor,
prior to awarding a contract.
c. Contractor shall pay for any and all space used by Contractor for any advertising purpose,
and any such use must conform to all other requirements of the contract.
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INSURANCE
1. The Service Provider will provide, from insurance companies acceptable to the City, the insurance
coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Service
Provider shall furnish the City with certificates of insurance showing the type, amount, class of operations
covered, effective dates and date of expiration of policies, and containing substantially the following
statement'
"The insurance evidenced by this Certificate will not be cancelled or materially altered, except after
ten (10) days written notice has been received by the City of Fort Collins."
In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out
and maintain, at the expense of the Service Provider, such insurance as the City may deem proper and
may deduct the cost of such insurance from any monies which may be due or become due the Service
Provider under this Agreement. The City, its officers, agents and employees shall be named as additional
insureds on the Service Provider's general liability and automobile liability insurance policies for any claims
arising out of work performed under this Agreement.
2. Insurance coverage shall be as follows:
A. Workers' Compensation & Employer's Liability. The Service Provider shall maintain during the life
of this Agreement for all of the Service Provider's employees engaged in work performed under this
agreement:
1. Workers' Compensation insurance with statutory limits as required by Colorado law
2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease
aggregate, and $100,000 disease each employee.
B. Commercial General & Vehicle Liability. The Service Provider shall maintain during the life of this
Agreement such commercial general liability and automobile liability insurance as will provide
coverage for damage claims of personal injury, including accidental death, as well as for claims for
property damage, which may arise directly or indirectly from the performance of work under this
Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of
insurance for each coverage, Commercial General and Vehicle, shall not be less than
$100,000,000. combined single limits for bodily injury and property damage.
In the event any work is performed by a subcontractor, the Service Provider shall be responsible
for any liability directly or indirectly arising out of the work performed under this Agreement by a
subcontractor, which liability is not covered by the subcontractor's insurance
2/9/00 8
Ill. PAYMENT FORM:
The Contractor shall submit a percentage of the gross revenues received from advertising
displayed on the Contractor's bus benches and bus shelters at Transfort bus stops to be
paid to the City, on a monthly basis. Also submit a minimum anticipated dollar amount that
you will nay Transfort in addition to your percentage of revenues
Percentage of Gross revenue you will pay Transfort
5 years %
10 years
15 years
Minimum yearly anticipated dollar amount you will pay Transfort
5 years $
10 years $
15 years $
Cost for City to purchase at its' option benches and shelters. (Please state cost after 1 year, 2
years, 3 years, etc.)
Bench
Shelter $
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V. PROPOSAL SUBMITTALS
a. Attach a brief history of your company: how many years in this type of business, list and submit
resumes of key personnel that will be involved with this contract.
b. List at least three current references that you are providing this type of service to with point of
contact and telephone numbers.
c. What other names your company has operated under.
d. List three (3) similar projects (local or statewide) from last five years. include location, contact
name, telephone number
e. List current similar projects (local or state-wide) under contract include location, contact name,
telephone number
f. List of sub -contractors to be used for this project
g. Submit a certificate of good standing to conduct business in Colorado.
h. Additional information requirements
TYPE OF BUSINESS: CORP _ INDIVIDUAL _ PARTNERSHIP
JOINT VENTURE _ OTHER STATE OF FORMATION
BANK REFERENCES:
ADDRESS:
CONTACT:
PHONE:
WHAT OTHER NAME (S) HAS YOUR COMPANY OPERATED UNDER:
HAVE YOU OR YOUR FIRM EVER FAILED TO COMPLETE ANY WORK AWARDED TO
YOU? YES _ NO IF YES PLEASE EXPLAIN.
HAS YOUR FIRM OR ANY PARTNERS OR OFFICERS EVER BEEN AN OFFICER OR
PARTNER OF ANOTHER ORGANIZATION THAT FAILED TO COMPLETE A CONTRACT
WITHIN THE LAST FIVE YEARS? _ YES _NO IF YES EXPLAIN
ARE YOU PRESENTLY OR IN THE PAST SEVEN YEARS BEEN A PARTY TO ANY
LITIGATION WITH AN OWNER OR OTHER GOVERNMENT AGENCY? YES NO IF
YES PLEASE EXPLAIN
HAS YOUR FIRM OR ANY PARTNERS OR OFFICERS EVER BEEN INVOLVED IN ANY
BANKRUPTCY ACTION? _YES _NO IF YES EXPLAIN
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REVIEW AND ASSESSMENT
Professional firms will be evaluated on the following criteria. These criteria will be the basis for
review of the written proposals and interview session.
The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 being an average rating, and 5
being an outstanding rating.
WEIGHTING
QUALIFICATION
STANDARD
FACTOR
2.0
Scope of Proposal
Does the proposal show an understanding of the
project objective, methodology to be used and results
that are desired from the project?
2.0
Assigned Personnel
Do the persons who will be working on the project
have the necessary skills? Are sufficient people of
the requisite skills assigned to the project?
1.0
Availability
Can the work be completed in the necessary time?
Can the target start and completion dates be met?
Are other qualified personnel available to assist in
meeting the project schedule if required? Is the
project team available to attend meetings as required
by the Scope of Work?
1.0
Motivation
Is the firm interested and are they capable of doing
the work in the required time frame?
2.0
Cost and
Do the proposed cost and work hours compare
Work Hours
favorably with the project Manager's estimate? Are
the work hours presented reasonable for the effort
required in each project task or phase?
2.0
Firm Capability
Does the firm have the support capabilities the
assigned personnel require? Has the firm done
previous projects of this type and scope?
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City of Fort Collins
Adminis tive Services
Purchasing Division
CITY OF FORT COLLINS
ADDENDUM No. 1
P-793
BUS SHELTERS/BENCHES AND ADVERTISING ON SAME
SPECIFICATIONS AND CONTRACT DOCUMENTS
Description of Proposal P-793 Bus Shelters/Benches and Advertising On Same
OPENING DATE: Notice: PROPOSAL OPENING DATE HAS CHANGED FROM MAY 11, 2001
AT 3:OOP.M. TO MAY 15, 2001, AT 3:OOP.M. (OUR CLOCK).
To all prospective bidders under the specifications and contract documents described above, the
following changes are hereby made.
A proposer may take exception or propose other language and, this will be considered in the
evaluation and contract negotiation process.
Question #1:
Is the term "minimum revenue anticipated annually" intended to be in addition to the percentage,
just what is projected or a guarantee to the City?
Answer:
The minimum revenue anticipated annually is a guaranteed amount paid to the City, not in addition
to the percentage but is based on the percentage you propose to pay the City.
Question #2:
There are not 400 stops available for benches and a separate 105 for shelters, particularly when
the residential areas are excluded. Will there be both benches and shelters with advertising allowed
at a single bus stop?
Answer:
Base your response on the numbers stated in the RFP. There. may be some stops that may have
both, but advertising will only be allowed on the shelter. This also allows for future routes.
Question #3:
Undoubtedly there will be new design features and improvements in street furniture by the year
2016. Plus the provided inventory will be 15 years old. Why is the City interested in inventory at the
end of an agreement when it will be at its highest maintenance requirements?
Answer:
When it comes time to re -bid this project the City may look at a replacement/maintenance program
over a certain time line or other types of programs.
Question #4:
A vendor will make a very substantial investment in this project with all of the financial risks on the
256 W Mountain Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6775 • FAX (970) 221-6707
Reference evaluation (Top Ranked Firm)
The project Manager will check references using the following criteria. The evaluation rankings
will be labeled Satisfactory/Unsatisfactory.
QUALIFICATION
STANDARD
Overall Performance
Would you hire this Professional again? Did
they show the skills required by this project?
Timetable
Was the original Scope of Work completed
within the specified time? Were interim
deadlines met in a timely manner?
Completeness
Was the Professional responsive to client
needs; did the Professional anticipate
problems? Were problems solved quickly and
effectively?
Budget
Was the original Scope of Work completed
within the project budget?
Job Knowledge
a) If a study, did it meet the Scope of Work?
b) If Professional administered a construction
contract, was the project functional upon
completion and did it operate properly?
Were problems corrected quickly and
effectively?
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SERVICES AGREEMENT
THIS AGREEMENT made and entered into this 1' day of July, 2001, byand between THE
CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the
"City" and Outdoor Promotions, Inc., hereinafter referred to as "Contractor".
WITNESSETH:
WHEREAS, the Contractor submitted to the City's May 11,2001, Request for Proposal No.
P- 792, regarding sale of advertising space on the exterior and in the interior of Transfort Buses.
WHEREAS, the Contractor has agreed to provide the exterior and interior Transfort
advertising services for a term beginning July 1, 2001, through June 30, 2002, subject to reasonable
conditions and restrictions upon said advertising as set forth herein; and
WHEREAS, the City wishes to permit the Contractor to place advertising on and in Transfort
buses under the terms of this agreement for the term hereof, subject to such conditions as are
hereinafter specified.
NOW, THEREFORE, in consideration of the mutual covenants and obligations herein
expressed and other good and valuable consideration, the receipt and adequacy of which is hereby
acknowledged, it is agreed by and between the parties hereto as follows:
1. Term of the Agreement This agreement shall be in effect for one (1) year with the option
for renewal for four (4) consecutive one (1) year periods unless terminated prior to that date by the
City by written notice to Contractor at least sixty (60) days prior to the expiration of any annual term,
or as otherwise as hereinafter provided. Notwithstanding the foregoing, and, upon mutual
agreement of both parties, the Contractor and the City shall have the option, absent any default in
his performance of the obligations hereunder, to renew this agreement for five (5) additional one
(1) year periods upon written notice from the City at least sixty (60) days prior to the above
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termination date or the date of termination of the first extended five year (5) year term, subject to
approval of such extension by the City Council of the City and, provided, however, that the City may
refuse to extend the Agreement in its sole discretion.
1. Scope of Service. The Service Provider agrees to provide the following services to at least
the extent indicated, with such limitations as provided in this Agreement.
a. Contractor agrees to make a "good faith" effort to sell appropriate
advertising space on the framed advertising areas of the exterior and
interior of Transfort buses or other locations as specified by the City
representative. Throughout the term of the Agreement, advertising must
be sold on no less than eighty-five percent (85%) of all interior
advertising spaces and no less than eighty-five percent (85%) on exterior
advertising spaces on all Transfort buses, excluding advertising spaces
reserved for the City. Contractor shall use its best efforts to market
combination packages (inside/outside advertising) on Transfort buses.
b. At all times during the performance of this Contract, Contractor shall
strictly adhere and conform to all applicable federal, state and local laws,
rules, regulations, ordinances and orders that have been or may
hereafter be established.
c. Contractor agrees to be solely and completely responsible forthe
fabrication, maintenance, repairs, and upkeep of all exterior and interior
bus advertising panels to include the placement of all ads on Transfort
buses and for removing outdated ads from buses and to deliver any such
panels to the Transfort facility at 6570Portner Road at least seven (7)
Transfort working days prior to any contractual placement of advertising on
any Transfort bus.
d. Contractor agrees that all advertising shall be sold at the rates set forthon
the rates sheet attached hereto as Exhibit "A" and incorporated herein by
this reference. Contractor may not charge any rates or fees exceptas
listed in Exhibit "A", attached hereto and incorporated herein by this
reference, unless the City grants to Contractor express written permission
to deviate from such rates.
e. Contractor agrees to bear all costs relating to the arrangement for and
preparation of bus advertising for Transfort buses.
f. Contractor is not subject to general restrictions regarding the use of color
on advertising panels; provided, however, that the City reserves the right
to review and approve or disapprove all advertising content, copy, design,
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and colors to be displayed in Transfort buses based on aesthetic
considerations within the sole discretion of the City.
g. The parties acknowledge that the City's objectives for the advertising program to
be carried out through the performance of the Agreement are to: (1) generate
revenue for the City through the placement of advertising on and in City -owned
buses; (2) maintain a neutral position on political, religious and ideological matters;
and (3) limit advertising to family -oriented products and services appropriate for
citizens of all ages. Because the City's sale of advertising space is for the
purpose of raising revenue, and not for the purpose of establishing a forum for
public speech, the City reserves to itself the sole and advertising that proposes
a legitimate commercial transaction and that will promote healthful, final authority
as to whether proposed advertising is consistent with these objectives. All
advertising in place during the term of this Agreement shall comply with this
provision. Advertising that is determined by the City to be inconsistent with these
objectives shall be removed immediately upon receipt of a written request for
such removal by the Contractor.
h. Contractor must provide to the City representative a copy of his City sales tax
license and comply with all applicable sales and use tax regulations.
i. Contractor shall pay for any and all space used by Contractor for any advertising
purpose, and any such use must conform to all other requirements of the
contract.
Advertising hereunder may not include or constitute the following
advertising that primarily conveys a political, religious, ideological or
other non-commercial message;
ii. advertising of alcohol or tobacco products;
advertising that promotes illegal activities or transactions;
iv. advertising that is misleading or deceptive, or that constitutes a public
nuisance;
V. advertising of products or services available to adults only by law;
vi. advertising of any product or service primarily related to sexual or
violent activities or practices, or advertising of any product or service
in a manner that is sexually suggestive or that displays or suggests
violence or is inappropriate for minors; and
vii. any advertising reasonably determined to be inconsistent with the
above -stated objectives of the advertising program.
viii. advertising that is not in compliance with the City sign code
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2. Payment. In consideration of the right to sell advertising on and in Transfort buses,
the Contractor agrees:
a. To remit to the City within ten (10) days after the end of each month throughout the term of
the this Agreement an amount equal to Fifty One percent (51 %) of the gross revenues received by
the Contractor during that period from advertising displayed on Transfort buses, to include an
itemized invoice listing all companies and amounts they are paying. Contractor may adjust its gross
revenues by subtracting fees paid to national account advertising agencies, provided, however, that
no adjustment for any such fee may exceed Fifteen percent (15%) of the quarterly gross revenues
from the advertising account for which the fee is charged.
b. To pay the City a minimum guaranteed amount fo• advertising under this Agreement
of no less than Fifty Thousand Dollars ($50,000.), per contract year.
C. Contractor shall at all time during the term of this Contract maintain such detailed and
accurate books and records as shall sufficiently and properly reflect all direct costs of any nature
on the performance of this Contract, and shall utilize such bookkeeping procedures and practices
as will reflect these costs. All books and records shall be subject, at any reasonable time, to
inspection, audit or copying by City personnel, or such independent auditors or accountants as are
designated by the City. Contractor shall cooperate in the completion of any audits. Any adjustments
required as a result of such audits, shall take place during the quarter in which the audit is
conducted.
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d. To allow to the City the use of five (5) interior advertising spaces per bus and ten (10)
exterior bus advertising spaces at no cost to the City for the use of such spaces or for production
and material cost, for advertising and public announcements at the City's discretion.
3. Insurance. The Contractor agrees to designate the City as an additional named
insured upon a Commercial general liability insurance policy with not less than Five Hundred
Thousand Dollars ($500,000) combined single limit coverage. Such general liability insurance shall
remain in full force and effect during the term of this Agreement and any renewal thereof. The
Contractor agrees to provide evidence of such liability insurance prior to the placement of any bus
advertising pursuant to this agreement.
4. Conditions of the Agreement. It is further agreed by and between the City and the
Contractor as follows:
a. The Contractor shall neither assign any of the rights nor delegate any of the
duties imposed upon him under the provisions of this Agreement without having first obtained the
written permission of the City.
b. This Agreement may not be enlarged, modified, or altered except in writing
signed by the parties as amended hereto.
C. No waiver of any breach of this Agreement shall be held or construed to be
a waiver of any subsequent breach thereof.
the Contractor.
d. This Agreement shall not constitute an exclusive franchise for the benefit of
e. In entering into this Agreement, Contractor acquires no status, rights, or
benefits of an employee of the City. Furthermore, the Contractor shall be considered as an
independent contractor and the City shall incur no liability due to the operations of the
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Contractor.
5. Indemnification. To the extent authorized by law, the Contractor shall defend,
Indemnify and hold the City free and harmless from and against any and all liabilities, demands,
claims, damages, suits, judgements and decrees, and Court awards including costs, expenses and
attorneys' fees, on account of injuries to or death of any person or persons or damage to any
property arising out of or related to the Contractor's intentional or negligent acts, errors or omissions
or that of its agents, officers, and employees, subcontractors or assignees, whether contractual or
otherwise, during the performance of this Contract and pursuant to it terms. Nothing in this section
shall be deemed to waive or otherwise limit the defenses available to the City pursuant to the
Colorado Governmental Immunity Act or otherwise provided by law.
6. Notices. Notices permitted or required to be given shall be in writing and shall be
deemed given upon personal delivery or upon deposit in the United States Mail, certified, return
receipt requested, postage fully prepaid, addressed as follows or to such other address as the
parties may designate from time to time by notice given in accordance with this paragraph:
City:
Rick Tensley, CPPB, Buyer
City of Fort Collins
PO Box 580
Fort Collins, CO 80522
7. Early Termination.
Service Provider:
Outdoor Promotions, Inc.
5724 South College Avenue
Fort Collins, Colorado 80525
Attn: Gary Young, President
a. In the event of any unresolved default or recurring defaults within 180 days
of original default by the Contractor under the terms and conditions of this Agreement, the City may
terminate this Agreement within thirty (30) days after written notice setting forth the nature of the
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default is delivered to the Contractor. If this Agreement is terminated as herein provided, all rights
of the Contractor shall become null and void.
b. In the event that the City determines, for any reason whatsoever, to
discontinue the use of City bus system vehicles for paid advertising, the City may terminate this
Agreement by providing written notice to Contractor of such termination no fewer than sixty (60)
days in advance of the date of termination, provided, however, that such event the Contractor shall
be entitled to retain ninety percent (90%) of all revenues generated from advertising sold during the
sixty (60) days just prior to such termination date.
8. Survival. To the extent necessary to carry out all of the terms and provisions
hereof, the said terms, obligations and rights set forth herein, including Paragraph 5 , shall survive
and shall not be affected by the expiration or termination of this Agreement.
9. Contract Documents, Entire Agreement. This writing, together with the exhibits
attached hereto, constitutes the entire agreement between the parties, their officers, employees,
agents and assigns and supersedes all prior agreements, understandings, warranties or promises
between the parties hereto, whether written, spoken or implied from the conduct of the parties
hereto; provided, however, that in the event the terms of such documents conflict, the requirements
of this writing shall supercede any such previous documents.
10. Benefit. This Agreement is made for the sole and exclusive benefit of the parties
and shall insure to the benefit of their respective survivors, heirs, personal representatives,
successors and assigns. It is not made for the benefit of any third party.
11 Severability. In the event any covenant, condition or provision of this Agreement
is held to be invalid by final judgement of any court of competent jurisdiction, the invalidity of such
covenant, condition or provision shall not in any way affect any of the other covenants, conditions
or provisions of this Agreement, provided that the validity of any such covenant, condition or
SA 10/97
provision does not materially prejudice either party in its respective rights and obligations under the
valid covenants, conditions or provisions of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed,
in duplicate, as of the day and year first herein written.
CITY OF FORT COLLINS, COLORADO
a municipal corporation
By:
James B. O'Neill II, CPPO
Director of Purchasing and Risk Management
Date:
ATTEST:
City Clerk
Approved as to form:
Assistant City Attorney
By:
PRINT NAME
CORPORATE PRESIDENT OR VICE PRESIDENT
Date:
ATTEST:
CORPORATE SECRETARY
(Corporate Seal)
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8
front side. There are a number of capitol requirements that are necessary to make this program
operate in addition to the purchase and installation of the benches and shelters. These
requirements included a number of items that must be committed to by the vendor to insure a
highly successful operation. They will include personnel, office and warehouse space, trucks and
service equipment, office equipment and furniture, etc. Standard accounting practices would also
include loss of revenue. The calculations for a City buyout price of the benches and shelters upon
cancellation must include more than the actual street furniture. Did staff discuss this? What
expectations does the City have regarding this?
Answer:
State your price and what it includes.
Question #5:
Page 4. Of RFP, Basic Overview states that advertising on benches and shelters must be sold
within 60-days of completion, however in the agreement under the Scope of Work it states "Good
Faith" effort. It is not likely that all of the inventory will be occupied all of the time. It is not
reasonable to expect that all inventories will be sold within 60-days. What is intended in the
statement?
Answer:
You will actually have more than sixty days. This states that advertising must be sold after
completion of each individual site. So you actually, will have from the time you are notified of the
location of the site until it is completed to sell advertising. The agreement is a sample, the actual
agreement will have the exact language and terms after all has been agreed upon by both parties.
Question #6:
Page 4 of RFP, Opening paragraph in Basic Overview of Tasks states that benches and shelters
must be installed within 60-days after site approval and paragraph h. states benches and shelters
must be installed within 30-days after receiving notification of approval. The reality is the inventory
should be ordered after the site approval notification from the City because of a list of items that
need to be evaluated for each specific site. An example is available right-of-way; the shelter may
need to be modified to fit within a narrow R-O-W. Until the specific sites are approved the vender
will not know all of the necessary information. In addition, furniture manufactures will not be able
to deliver any inventory for probably 90-days after the order is placed. An order of 105 shelters and
400 benches will take a manufacturer approximately 5 to 10 weeks to completely deliver. Was any
contact with shelter manufacturers made by staff to verify the time allotted? Is this timeline a
mandate?
Answer:
You will be given a completion time for each individual site, after all elements of the site have been
discussed with the City representative.
Question #7:
Page 5. In RFP, Paragraph q. What information is anticipated in a location report?
Answer:
The location of the actual bus bench and/or shelter.
E
Question #8:
Page 7. Production for bench, bus and shelter ads is expensive. In addition, installing and
maintaining them is also costly. The RFP states under Advertising paragraph c. that the City will
not be charged for production or installation. This is open-ended. A bus or shelter ad can cost as
much as $200 for a single panel production. There should be limits on the number of times an ad
is required to be changed and reinstalled. Will the City provide the designed layout ready for
production or is design time expected too? Also, is a "blank" space included in the free production?
Answer:
A proposer may take exception or propose other language and, this will be considered in the
evaluation and contract negotiation process.
Question #9:
Page 7. This agreement is a long-term commitment and should be viewed as a win -win equal
partnership. If the city is provided the opportunity to have 10 benches and 10 shelters for their
internal use at no -charge then the contractor should have the same opportunity to promote their
various services with no percentages paid to the City. Is this unreasonable to expect?
Answer:
Again, state how you propose to deal with this in your proposal.
Question #10:
Page 7. It appears in the RFP that the City is interested in maximizing the revenue potential. If
advertisers want to rent the space then my suggestion is to provide space to the City if there are
no paying customers available. It is generally written, "as space is available". One option would be
to equip the 10 non -ad shelters and benches with panels for "City" use only".
Answer:
A proposer may take exception or propose other language and, this will be considered in the
evaluation and contract negotiation process.
Question #11;
Page 7. Paragraph d. states that no shelters or benches with advertising are to be placed in
residential areas. I have had several advertising benches throughout the City within residential
areas for 17-years with no complaints about them having ads on them. If there has been no
complaints, why are benches included in the residential restrictions?
Answer:
A proposer may take exception or propose other language and, this will be considered in the
evaluation and contract negotiation process.
Question #12:
Page 10 g. what is a certificate of good standing to conduct business in Colorado and where do
you acquire it?
Answer:
Check with the Better Business Bureau.
K?
Question #13:
The RFP states that the City will accept a proposal for a 15-year agreement however the attached
agreement states a 5-year term and the city may refuse to extend, at its sole discretion, for any
additional terms. Will the agreement be written with a series of 5-year terms or one 15-year term?
If the agreement will be written with a series of 5-year terms should it not read that the renewal is
automatic provided there are no uncured defaults in order to be a 15-year term?
Answer:
A proposer may take exception or propose other language and, this will be considered in the
evaluation and contract negotiation process.
Question # 14:
Page 15. Of the agreement, paragraph g. refers to the buses however does it also include the
benches and shelters?
Answer:
This should have read bus benches and bus shelters and will be changed on the actual agreement
that both parties agree to.
Question #15:
Page 17. Section 5d. of the agreement states that the agreement does not constitute an exclusive
franchise. It is common to privilege the vendor making a financial commitment of $1,000,000 with
an exclusive right to sell advertising. Does the City Charter prohibit exclusive agreements? Will the
City grant the "first right of refusal" to install any requested bench or shelter to the vendor?
Answer:
A proposer may take exception or propose other language and, this will be considered in the
evaluation and contract negotiation process.
Question # 16:
Page 18. Early Termination, a. The agreement does not state that the vendor has the right to cure
the default and if cured, the termination will be withdrawn. Can the agreement be changed to
include similar language?
Answer:
A proposer may take exception or propose other language and, this will be considered in the
evaluation and contract negotiation process.
Question #17:
Page 19. Early Termination, b. Are the words "vehicles for paid advertising" an error and should
they be deleted?
Answer:
No, this is stating the city bus system vehicles that are used in the advertising program.
4
Question #18:
Has any other party asked similar questions?
Answer:
NO
If you have any questions please contact Rick Tensley, CPPB, Buyer, at 970-415-2247.
RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN STATEMENT
ENCLOSED WITH THE BID/QUOTE STATING THAT THIS ADDENDUM HAS BEEN RECEIVED.
5
REQUEST FOR PROPOSAL
CITY OF FORT COLLINS
BUS SHELTERS/BENCHES & ADVERTISING ON SAME
PROPOSAL NO. P793
City of Fort Collins
PROPOSAL DATE: FRIDAY, MAY 11, 2001 3:00 p.m. (our clock) ,
TABLE OF CONTENTS
Request for Proposal 2 pages
Scope of Work 5 pages
Payment Form 1 page
Proposal Submittals 1 page
Review and Assessment
Reference Evaluation 2 pages
Professional Services Agreement (sample) 8 pages
REQUEST FOR PROPOSAL
CITY OF FORT COLLINS
Bus Shelters/Benches & Advertising on Same
PROPOSAL NO. P-793
The City of Fort Collins Transfort is requesting proposals from qualified firms to provide the City
with Bus Shelter and Benches and advertising on shelters and benches. Qualified firms will provide
all necessary labor, equipment and materials to construct and provide maintenance thereafter of
approximately 105 new bus shelters and 400 benches with advertising and non advertising
capabilities in accordance with all current applicable laws and regulations. Under the current
contract, the city has approximately 347 benches in use (249 concrete & 98 steel). The Contractor
will be responsible for replacing all of the benches. The City also owns five (5) bus shelters which
the Contractor will be required to maintain and provide advertising on.
Written proposals seven, (7) copies will be received at the City of Fort Collins' Purchasing Division,
256 West Mountain Avenue, Fort Collins, Colorado 80521. Proposals will be received before 3:00
p.m. (our clock), Friday, May 11 , 2001, Proposal No. P-793.
A copy of the Bid may be obtained as follows:
Call the Purchasing Fax -line, 970-416-2033 and follow the verbal instruction to
request document #P-793. (The bid number must be preceded by a 2 when
using the Fax -line)
2. Download the Bid from the Purchasing Webpage, Current Bids page, at:
www.fcgov.com/CITY—HALL/PURCHASING then via the Current Bids
pushbutton.
3. Come by Purchasing at 256 W. Mountain Ave., Fort Collins, and request a copy
of the Bid.
Questions regarding proposal submittal or process should be directed to Rick Tensley, CPPB,
Buyer (970) 416-2247.
Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have
a financial interest in the sale to the City of any real or personal property, equipment, material,
supplies or services where such officer or employee exercises directly or indirectly any decision -
making authority concerning such sale or any supervisory authority over the services to be
rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift,
gratuity favor, entertainment, kickback or any items of monetary value from any person who has
or is seeking to do business with the City of Fort Collins is prohibited.
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