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HomeMy WebLinkAboutCULVER AMHERST LLC - later named Signal Outdoor Advertising, LLC - 1998-12-21(11) 12/21/98 - Council/Agency Agenda - Page 11 F-2. (City Council) Approve Award Contract For Bus Shelter And/Or Bus Bench Services To Culver Associates, LTD. - Authorize Use Of Portion Of Proceeds To Fund Intern To Perform Field Inspections (600.10) Communication from the Director of Public Works, Deputy City Administrator, City Treasurer and Acting Administrative Services Director informing Council that bids have been received for the installation of bus shelters and/or bus benches and recommending an award of bid to Culver Associates, Ltd. Recommended Action: 1. Approve Culver Associates, LTD., as the sole provider of advertising bus shelter's, non -advertising bus shelters, advertising bus benches, and non -advertising bus benches. and 2. Award bus shelter and/or bus bench contract to Culver Associates, LTD for term 1/1/99 to 12/31/08 and approve and authorize the Mayor and City Clerk to execute the Agreement Between The City Of Huntington Beach And Culver Associates, LTD For Bus Shelter And/Or Bus Bench Services. and 3. Approve use of a portion of the contract proceeds to fund an intern position to perform field inspections. [Reject all bids and direct staff to reinitiate the bid process and direct the City Administrator to enter into an agreement with the current vendor for bus shelter services to extend services on a month -by -month basis not to exceed nine months; that the bid process conclude in no more than 90 days; that it is imperative that the criteria be presented to the Economic Development Committee and reviewed by the Economic Development Committee] [Approved 3 2-1(Dettlof,, Sullivan: No; Harman: ABSTAIN, Julien: Absent)] F-3. (City Council) Approve Utilizina FY 98/99 Park Acauisition And Development Fund Accounts For $30,059 And For $100,000 For Additional Costs For The Huntington Central Park Environmental Impact Report (320.20) Communication from the Assistant City Administrator, Planning Director and Community Services Director regarding the delay in the development of the Environmental Impact Report because of the complexities of the park site that were not predictable until exploratory work began for the project. Recommended Action: Approve utilizinq FY 98/99 Park Acquisition and Development Fund accounts [Approved 6-0 (Julien: Absent)] f 'j f edenric h Weasoyvr, 11,C14 - F -na_Y) c.xJ Council/Agency Meeting Held: Z / (oD0• / 3/ Deferred/Continued 'to: / El Approved ❑ Conditionally Approved tied 3EPi) y Jerk's Signature Co_u.n TMeeting Date: -W D �ce u er 21, 998 t Department ID Number: PW 98-085 ea f�zoJ = ;ern J G reeV.) &J va - yes- ,5U11;'a.y,),,De77LOFF—No CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORA&E MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, City Administrator a PREPARED BY: ROBERT F. BEARDSLEY, Director of Public Works RICHARD D. BARNARD, Deputy City Admipfstrator SHARI L. FREIDENRICH, City Treasur DAN T. VILLELLA, Acting Director of A ministrative Services SUBJECT: AWARD BUS SHELTER AND/OR BUS BENCH CONTRACT _ Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachments Statement of Issue: On September 9, 1998, the Purchasing/Central Services Manager received and opened bids for the installation of bus shelters and/or bus benches. The contract is now ready to award. Funding Source: Funds are paid to the City's General Fund. Recommended Action: 1. Approve motion to approve Culver Associates, LTD, as the sole provider of advertising bus shelters, non -advertising bus shelters, advertising bus benches, and non -advertising bus benches. 2. Approve motion to award bus shelter and/or bus bench contract to Culver Associates, LTD for term 1/1/99 through 12/31/08 and approve and authorize the Mayor and City Clerk to execute the agreement between the City of Huntington Beach and Culver Associates, LTD for Bus Shelter and/or Bus Bench services. 3. Approve motion to use a portion of the contract proceeds to fund an intern position to perform field inspections. �d/,2(Yy' J773PF ?D APE/N 1779-r0 *V �J e4ed'ne� �v 13iree�T Tits eirY �rn��visTJ2.9ra�C. 7a .er•vTE /N Alternative Action(s): wlwv C con-eIt i ywioo,et flog 60s SER.v/CGS iv A 1w*vm- d y- moNTr/ NOT ? o Ex eC ee4 /VJNG 1. Award contract to another bidder.z;�Ai— 7we i6m '04°eesz5 Lu,o 1w we 197oiQe ?h� 90 OwVsJ 771A•r J r- /s lln o e 4-nve- 7#,�F _ eJf/ 7"-4MI19 2. Reject all bids and issue a new request forproposal�� P!eESEJ7"c�Fde�� 1 q (��onair/J� ,de�e��m� camp% REQUEST FOR COUNCIL ACTION MEETING DATE: December 21, 1998 DEPARTMENT ID NUMBER: PW 98-085 Analysis: The City of Huntington Beach, through a license agreement, has provided bus shelters and/or bus benches in the public right-of-way as a community service to the public as well as affording local, regional and national businesses an opportunity to promote their products and services. The selected company pays the City a monthly fee for the ability to place their shelters and/or benches within the City right-of-way. The current bus shelter contract expires December 31, 1998. One bus bench contract expires December 31, 1998, and the other expires August, 1999. The City Administrator's Office formed a Bus Shelter Committee with one member each from the City Treasurer's Office, Administrative Services, Administration, and the Public Works Department. The Committee mailed out a request for proposal with a due date on September 9, 1998. Three companies responded to the Request for Proposal: 1. Coast United Advertising. 2. Culver Associates, LTD. 3. Eller Media Company Coast United Advertising is a supplier of advertising bus benches as its sole product. Culver Associates is a business that supplies advertising bus shelters, non -advertising bus shelters, advertising bus benches, and non -advertising bus benches. Eller Media Company is a business that supplies advertising bus shelters, non -advertising bus shelters, and non - advertising bus benches. The following are the proposed payments to the City. COAST: a. Bench IPaymen#sy yF, E.GULVER"'_.." ,. miBenchw""Payments%"..,xShelter x.: ayments " ELLER .;.tea Shblte.Iayments $ 20,448 $ 61,800 $ 400,800 $ 828,240 $ 20,448 $ 61,800 $ 400,800 $ 20,448 $ 61,800 $ 450,900 $ 432,480 $ 20,448 $ 61,800 $ 450,900 $ 444,720 $ 20,448 $ 61,800 $ 450,900 $ 456,960 $ 25,560 $ 123,600 $ 601,200 $ 469,200 $ 25,560 $ 123,600 $ 601,200 $ 481,440 $ 25,560 $ 123,600 $ 601,200 $ 493,680 $ 30,672 $ 123,600 $ 601,200 $ 505,920 30,672 $123,600 $ 601,200 $ 518,160 $ 240,264 $ 927,000 $ 5,160,300 $ 4,630,800 Each committee member reviewed the proposals, interviewed the companies, and called references. The committee met with the Purchasing/Central Services Manager to develop rating criteria which he complied and distributed rating sheets to each committee member. The committee and the Purchasing/Central Services Manager met on November 2, 1998 to 0033409.01 -2- 12/11/98 2:41 PM REQUEST FOR COUNCIL ACTION MEETING DATE: December 21, 1998 DEPARTMENT ID NUMBER: PW 98-085 finalize their ratings. This procedure resulted in the Committee's recommendation to award a ten year exclusive contract to Culver Associates. At the present time there are approximately 230 bus shelters and approximately 463 bus benches throughout the City. For the fiscal year ended September 30, 1998, this generated a total of approximately $250,000 in revenue to the City. This included "grandfathered" advertising within the Coastal Zone and the Downtown Specific Plan areas. Culver Associates proposal's minimum payments to the City would be $462,600 for the first full year of the contract increasing to $724,800 by the sixth year of the contract and a ten year total of $6,087,300. The first year's increase would be $212,000 or 85%. This would be accomplished without advertising within the Coastal zone and the Downtown Specific Plan area and would include the following bus stop amenities. The City's request for proposal stipulated that the bidders propose their suggested (desired) number and type of amenities with and without advertising within the Coastal Zone and Downtown Specific Plan area. The City will determine the final configuration: ,Advertising.- IVo"n=Advertising ; u Total Bus Shelters 167 105 272 Bus,Benches 206 175 381 The above revenues for both the present and proposed contracts represent the minimum contract payments. The present contracts provide for the City to receive the greater of the minimum payments, or fifteen percent (15%) of gross advertising revenues. The City has never received anything greater than the minimum payments. Both representatives from Culver Associates and contacted references believe that Culver's advertising revenues will require Culver to pay the City a percentage amount that will exceed the required contract minimum payments. This expectation is aided by the fact that Culver has agreed to pay twenty-two percent (22%) of gross advertising revenues during the first five years of the agreement, increasing to twenty-four percent (24%) during the last five years of the agreement. In addition to Culver and Associates providing the greatest direct revenue to the City, Culver will provide servicing and maintenance to both advertising and non -advertising shelters and benches at no cost to the City. To efficiently accomplish their maintenance and cleaning schedule, they plan to establish an office and warehouse in the City of Huntington Beach once the contract is awarded. Historically, the City has not had staffing to monitor the condition of bus shelters or the placement of bus benches. Therefore, it is recommended that a portion of the increased revenue is used to hire such a position. Other benefits to the City include public service posters and advertising panels within the City and promotion of the City of Huntington Beach advertising panels available at locations throughout the United States, (see attachment). 0033409.01 -3- 12/09/98 6:07 PM REQUEST FOR COUNCIL ACTION MEETING DATE: December 21, 1998 DEPARTMENT ID NUMBER: PW 98-085 Environmental Status: Not applicable. Attachment(s): Contract between the City of Huntington Beach and Culver Associates, LTD. 2. Certificates of Insurance 3. Bonds 4. Public Service Advertising -- Communique from Culver Associates 5. Fiscal impact Statement 6. Reference Letter from Nasau County RCA Author: Dan Villella/Bob Hidusky 0033409.01 -4- 12/11/98 2:41 PM AGREEMENT BETWEEN THE CITE' OF HUNTINGTON BEACH AND CULVER ASSOCIATES, LTD. FOR BUS SHELTER AND/OR BUS BENCH SERVICES THIS AGREEMENT FOR BUS SHELTER AND/OR BUS BENCH SERVICES ("Agreement") is made and entered into as of the day of , 199, by and between the City of Huntington Beach, a municipal corporation hereinafter referred to as "CITY" and CULVER ASSOCIATES, LTD. a New York corporation, hereinafter referred to as "PROVIDER". WHEREAS, the CITY desires to contract with the PROVIDER to construct, erect, install, repair, maintain, and insure bus shelters and/or bus benches and related appurtenances at specific locations in CITY. NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. SCOPE OF SERVICES The PROVIDER shall provide the services set forth in the Scope of Services, a copy of which is attached as Exhibit "A" and incorporated into this Agreement by this reference. 2. TERM OF AGREEMENT This Agreement shall commence on the 1 st day of January, 1999, (the "Effective Date") and shall continue in effect for a period of ten (10) years (the "Term"). The Term shall expire on the 31 st day of December, 2008, unless this Agreement is terminated earlier, pursuant to the provisions of this Agreement, or otherwise according to law. At the CITY'S option during, or at the expiration of the term, the contract may be extended for an additional five (5) years, or for up to five (5) additional one (1) year increments. 3. SHELTER AND/OR BENCH LOCATIONS• AMENITIES PROVIDER shall furnish, construct, install, and maintain shelters and/or benches only at those sites specifically approved by the Director of Public Works or his/her designee. No telephones, vending machines, newsracks, or any other devices not specifically authorized pursuant to this Agreement shall be permitted to be installed on, or adjacent to the shelters without the prior written authorization of the Director of Public Works or his/her designee. The following amenities shall be furnished by PROVIDER: g:agree/jmp/k/busshelt/ 11 /25/98 A. Owner Identification. The PROVIDER shall permanently affix in a conspicuous area on each shelter and/or bench an owner identification tag which includes PROVIDER'S business name and 24 hour service telephone number. 4. CONTRACT WORK HOURS AND SAFETY ACT All persons hired by the PROVIDER shall be compensated at a rate not less than one and one-half (1 - 1/2) times the workers' base pay rates for all -work in excess ofeight (8) hours per day or forty (40) hours per week. Further, no person will be required to work in surroundings that are unsanitary, hazardous, or dangerous, as determined under the standards established by the US Secretary of Labor. LICENSES AND PERMITS At all times during the Term, the Provider shall maintain a City business license. Furthermore, the PROVIDER shall secure all necessary permits from the City, county, state, or federal agencies for the installation, modification, relocation, operation, and maintenance of the bus shelters and/or bus benches. City permit fees include, but are not limited to, site inspection and electrical/construction inspection. Appropriate permit fees must be paid as required by the City. The current (1998) site inspection fee is $129 and the current electrical/construction inspection fee is $125. 6. SECURITY FOR PERFORMANCE The PROVIDER shall post and maintain a performance bond which will inure to the benefit of the CITY, or equivalent security approved by the CITY, in the amount of one thousand dollars ($1,000) per shelter included in the agreement. The PROVIDER'S security shall remain in effect until all shelters have been installed. For the remainder of the agreement, the amount of the performance bond, or equivalent security approved by the CITY shall be five hundred dollars ($500.00) per shelter. The purpose of the performance security is to insure faithful performance of PROVIDER'S covenants for construction, maintenance, repair or replacement of the shelters, timely payment of all revenues due the CITY (including without limitation, permit fees, business license fees, and advertising revenues), and restoration of shelter and/or bench sites to the condition existing prior to installation of the shelters -and/or benches, whenever a shelter and/or bench is removed or relocated. 7. PERFORMANCE SCHEDULE/LIQUIDATED DAMAGES The following performance schedules shall be adhered to by the PROVIDER. Any deviation from these schedules without written CITY approval, except on account of those events specified in Section 8, shall constitute a material breach of contract, and the PROVIDER shall be liable to the CITY for liquidated damages as set forth below. PROVIDER will submit permit applications for all locations identified in Exhibit B attached hereto and incorporated by reference to the CITY'S Department of Public Works within 2 g:agree/jmp/k/busshe1t/11 /25/98 sixty (60) days of the Agreement's "Effective Date". Installation of the first bus shelter and/or bench shall begin no later than thirty (30) days following issuance of permits. The construction/electrical inspector shall be notified 48 hours in advance of all construction/electrical work. The number to call for notification is (714) 536-5431 unless a different number is provided in writing by the City. The starting date given at time of notification will be the beginning of the 7 working days. Installation of an individual shelter, including all shelter amenities, except electrical connections, shall be completed within seven (7) calendar days after work has commenced on that shelter. Electrical connections shall be completed within fifteen (15) calendar days after work has commenced. Failure to perform as required will result in liquidated damages being assessed by the CITY as provided below. Construction and installation of all advertising shelters and/or benches, non -advertising shelters and/or benches, including electrical connections, shall be completed within twelve (12) months following the Effective Date. All work performed within the city boundary shall conform to City Standard Plans on file, the latest edition of Standard Specifications For Public Works Construction (Green Book), the latest edition of the National Electric Code (NEC), or at the direction of the -Director of Public Works or his/her designee. At locations where installation is temporarily deferred, installation shall be completed within four (4) months of receiving written directions to proceed from the Director of Public Works or his/her designee. For each failure to satisfy the performance schedule, PROVIDER shall pay to CITY liquidated damages ("Liquidated Damages") of one hundred dollars ($100) per failure, per day. The failure to meet the performance schedule as to each separate shelter and/or bench shall be deemed a separate failure subject to a separate Liquidated Damages payment. The parties hereto agree. that the amount set forth above as the "Liquidated Damages" constitutes a reasonable approximation of the actual damages that City would suffer for each failure to meet the performance schedule, considering all of the circumstances existing on the effective date of this Agreement, including the relationship of the Liquidated Damages amount to the range of harm to City and accomplishment of City's purpose in entering into this Agreement, the difficulty and impracticability of determining actual damages involving such issues as the dollar damages per shelter or bench per day of delay and the City's goals in installing new shelters and benches, and that the proof of actual damages would be costly or inconvenient. In placing its initials at the places provided hereinbelow, each party specifically confirms the accuracy of the statements made above and the fact that each party has been represented by counsel who has explained the consequences of the Liquidated Damages provision at or prior to the time each executed this Agreement. PROVIDER'S INITIALS CITY'S INITIALS 3 g:agree/jmp/k/busshe1t/1 1/25/98 8. FORCE MAJEURE The time within which the PROVIDER is obligated to commence and to complete construction of shelters and benches shall be extended for a period of time equal in duration to, and performance shall be excused on account of and for, and during the period of, any delay caused by strikes, threat of strikes, lockouts, war, threats of war, insurrection, invasion, acts of God, calamities, violent action of the elements, fire, delays in electrical service provider permit issuance, action or adoption of any regulation, law or ordinance by any governmental agency, precluding PROVIDER'S performance. 9. SHELTER/BENCH MAINTENANCE AND REPAIR At all times during the term of this Agreement, PROVIDER shall, at its sole expense, maintain all shelters and/or benches, in a neat, attractive, safe, and sanitary manner in accordance with Exhibit "A", and to the satisfaction of the CITY'S Director of Public Works or his/her designee. In the event PROVIDER fails to correct, repair, replace, or remove a shelter or bench as required by this Agreement, CITY may, at its sole discretion, cause the correction, repair, replace, or removal of the shelter or bench. Any costs incurred by CITY shall be paid directly to CITY by PROVIDER within ten (10) days following receipt by PROVIDER of CITY'S invoice. Costs not paid within this time period will be deducted from the security deposit. The security deposit shall be repaid within 30 days. If payment is not received by the due date a late charge of 1.5% per month, compounded monthly, will be added. If payment is not received within 30 days of the due date the PROVIDER will be in default and the Agreement may be.terminated immediately. 10. COMPENSATION TO CITY For each year during the term of this Agreement, PROVIDER agrees to pay to CITY the greater of a guaranteed minimum payment ("Guaranteed Minimum Payment") or a stated percentage of the gross advertising revenues ("Percentage Revenue") derived from advertising shelters and/or benches within the CITY. The Guaranteed Minimum Income per shelter and/or bench per month and applicable Percentage Advertising Revenue for each year of this Agreement are set forth in the following table: Contract Year Guaranteed Minimum Monthly Payment (Shelter Only) Guaranteed Minimum Monthly Payment (Ad Bench Only) OR Percentage Of Gross Advertising Revenue Year 1 $200 $25 22% Year 2 $200 $25 22% Year 3 $225 $25 22% Year 4 $225 $25 22% 4 g: agree/jmp/k/busshelU 11 /25/98 Contract Year Guaranteed Minimum Monthly Payment (Shelter Only) Guaranteed Minimum Monthly Payment (Ad Bench Only) OR Percentage Of Gross Advertising Revenue Year 5 $225 $25 22% Year 6 $300 $24 24% Year 7 $300 $24 24% Year 8 $300 $24 24% Year 9 $300 $24 24% Year 10 $300 $25 24% Potential Extension Year 11 $350 $75 33% Year 12 $350 $75 33% Year 0 $350 $75 33% Year 14 $350 $75 33% Year 15 $350 $75 33% If at any time during the Term, PROVIDER and CITY agree to add additional shelters and/or benches with advertising to the number of shelters/benches initially authorized, the Guaranteed Minimum Payment shall be increased on a revenue per shelter and/or bench per month basis. If there is any increase in shelters and/or benches the performance bond shall be increased by the agreed upon amount. Any decrease in shelters and/or benches shall not decrease the performance bond amount. 11. ADDITIONAL SHELTERS AND/OR BENCHES If at any time during the Term, PROVIDER and CITY agree to add bus shelters and/or bus benches without advertising to the number of shelters and/or benches initially authorized, at CITY'S sole discretion, CITY shall provide an amendment to this agreement to reimburse PROVIDER for cost of services for additional shelters and/or benches without advertising based on the values as shown below. $4,500 each for addition of a single non -advertising shelter. $500 each for addition of a single non -advertising bench. $4,050 each for addition of a group of 1-10 non -advertising shelters. $400 each for addition of a group of 1-10 non -advertising benches. $3900 each for addition of a group of 11-20 non -advertising shelters. $425 each for addition of a group of 11 -20 non -advertising benches. $3,800 each for addition of a group of 21-30 non -advertising shelter. $400 each for addition of group of 21-30 non -advertising benches. $3,600 each for addition of a group of 31-40 non -advertising shelters. 5 g:agree/jmp/k/busshe1t/11 /27/98 $400 each for addition of a group of 31-40 non -advertising benches. $3,500 each for addition of a group of 41-50 non -advertising shelters. $400 each for addition of a group of 41-50 non -advertising benches. $3,500 each for addition of a group of 51-60 non -advertising shelters. $400 each for addition of a group of 51-60 non -advertising benches. $3,500 each for addition of a group of 61-75 non -advertising shelters. $400 each for addition of a group of 61-75 non -advertising benches. $3,500 each for addition of a group of 76-100 non -advertising shelters. $400 each for addition of a group of 76-100 non -advertising benches. 12. METHOD OF PAYMENT Upon issuance of each applicable permit, PROVIDER shall pay in advance, the annual payment for the first full year of service. Thereafter, PROVIDER shall pay quarterly, in advance, on the first day of the quarter, the contract Guaranteed Minimum Payment. If payment is not received by the due date a late charge of 1.5% per month, compounded monthly, will be added. Payments shall be made to the City Treasurer, P.O. Box 711, Huntington Beacii, CA 92648. Within sixty (60) days of the end of each contract year PROVIDER shall deliver to CITY a Statement of Accounts for the preceding contract year, showing all shelter and/or bench locations, the advertiser or advertisers at each advertising shelter and/or bench during the preceding contract year, the gross advertising revenues received for each advertising panel at each advertising shelter and/or bench, and the applicable Percentage Revenue for that year. The Statement of Accounts shall be prepared or approved by a certified public accountant according to customary accounting practices and shall be accompanied by a certificate of an authorized officer of PROVIDER attesting to the truth and accuracy of the information relied upon by the accountant, according to the certifying officer's best knowledge. In the event that Percentage Revenue for a particular contract year exceeds the Guaranteed Minimum Payment received by CITY for that contract year, PROVIDER shall pay the difference to the CITY at the time of filing the Statement of Accounts. 13. ACCESS TO RECORDS The CITY and its authorized agents shall be granted reasonable access during PROVIDER'S normal business hours to all of PROVIDER'S books, documents, paper, and records that relate to this Agreement. 14. MORTGAGES Any mortgage or lien against the shelters and/or benches shall be subordinate to all franchise rights of the CITY. 6 g:agree/jmp/k/busshelt/ 11 /30/98 15. INTEREST OF PROVIDER The PROVIDER covenants that it presently has no interest and shall not acquire any interest, directly or indirectly, that would conflict in any manner or degree with the performance of the services contemplated by this Agreement. No person having such an interest shall be employed by or associated with the PROVIDER. PROVIDER acknowledges that this Agreement may create a possessory interest in PROVIDER subject to property taxation and PROVIDER agrees to assume all liability and responsibility for the payment of property taxes levied on PROVIDER'S interest. 16. CONTRACT TERMINATION Notwithstanding any other provision in this Agreement, and in addition to other methods of termination available under the laws of the State of California, PROVIDER'S failure to comply with any of its obligations or responsibilities pursuant to this Agreement shall constitute a material default. If PROVIDER fails to commence and completely cure any default within thirty (30) days following written notice from CITY, CITY may immediately terminate this Agreement. Any unpaid monies owed to the City shall be paid out of the security funds first, then the City shall have the right to sell shelters and/or benches. Upon termination of this Agreement CITY shall have the right, but not the obligation, to purchase from PROVIDER any or all of the shelters and/or benches covered by this Agreement. The price to be paid shall be the value remaining in each unit (including all appurtenances) at the time of termination. For the purpose of this Agreement, "value remaining" shall mean the original value of the unit at its installation (which is determined by this Agreement to be an amount equal to $5,500 for each shelter with advertising including related furniture, $5,500 for each shelter without advertising including related furniture, and $500 for each bench including related furniture) minus one tenth (1/10) of the value per year for each full year or portion thereof after installation. In the event that CITY decides not to purchase one or more units on termination of this Agreement, PROVIDER shall remove the unit and return the sites to original condition or better, at PROVIDER'S sole expense. PROVIDER shall complete the removal of all designated units and restoration of the affected sites within ninety (90) days following CITY'S written election not to acquire the designated shelters. Any shelter, bench, or other furniture not removed within the specified ninety (90) day, period shall be declared abandoned; in which case CITY shall obtain ownership by default, or at its election, remove the abandoned shelter, bench or furniture and charge PROVIDER for all costs of removal, with such costs being secured by the letter of credit defined in Section VII, SECURITY FOR PERFORMANCE. 17. LAWS AND REGULATIONS The PROVIDER shall keep fully informed of State and Federal laws and County and Municipal ordinances and regulations that in any manner affect those employed by or in any way 7 g:agree/jmp/k/busshe1t/11 /25/98 affect the performance of services pursuant to this Agreement. The PROVIDER shall at all times observe and comply with all such laws, ordinances and regulations. Furthermore, each and every provision required by law to be inserted into this Agreement shall be deemed to be inserted, and this Agreement shall be read and enforced as though they were included. 18. WORKERS COMPENSATION INSURANCE Pursuant to California Labor Code section 1861, PROVIDER acknowledges awareness of section 3700 et seq. of said Code, which requires every employer to be insured against liability for workers compensation; PROVIDER covenants that it will comply with such provisions prior to commencing performance of the work hereunder. PROVIDER shall maintain workers compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. PROVIDER shall require all subcontractors to provide such workers compensation insurance for all of the subcontractors' employees. PROVIDER shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers compensation insurance and PROVIDER shall similarly require all subcontractors to waive subrogation. 19. GENERAL LIABILITY INSURANCE In addition to the workers compensation insurance and PROVIDER'S covenant to indemnify CITY, PROVIDER shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. Said policy shall indemnify PROVIDER, its officers, agents and employees, while acting within the scope of their duties, against any and all claims of arising out of or.in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of $1,000,000 per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than $1,000,000. Said policy shall name CITY, its officers, and employees as Additional Insureds, and shall, specifically' provide that any, other insurance coverage which maybe applicable to the PROJECT shall be deemed excess coverage and that PROVIDER'S insurance shall be primary. 20. CERTIFICATES OF INSURANCE Prior to commencing performance of the work hereunder, PROVIDER shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; said certificates shall: a. provide the name and policy number of each carrier and policy; b. shall state that the policy is currently in force; and 8 g:agreeJmp/kibusshe1t/11/25/98 C. shall promise that such policies shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty days prior written notice; however, ten days prior written notice in the event of cancellation for nonpayment of premium. PROVIDER shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by City. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of City by PROVIDER under the Agreement. City or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. PROVIDER shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. 21. OWNERSHIP Prior to commencing performance under this Agreement, PROVIDER shall provide the CITY with a written statement, executed under penalty of perjury, containing the following information: A. If the PROVIDER is a corporation, the name of the corporation shall be set forth exactly as shown in its Articles of Incorporation or Charter together with the State and date of incorporation and the names and residence addresses of each of its current officers and directors, and of each stockholder holding more than five percent (5%) of the stock of that corporation. B. If the PROVIDER is a partnership, the statement shall set forth the name and residence of each of the partners, including limited partners. If PROVIDER is a limited partnership it shall furnish a copy of its certificate of limited partnership as filed with the County Clerk. If one or more of the partners is a corporation, the provisions of Subsection A, above, pertaining to corporate PROVIDER shall apply. C. If the PROVIDER is a corporation, or partnership, PROVIDER shall designate one of its officers or general partners to act as its responsible managing employee. Prior to the Effective Date PROVIDER shall deliver to CITY proof of the designation of the responsible managing employee pursuant to appropriate authority. The responsible managing employee shall complete and sign all the statements required by this Agreement. D. If the PROVIDER is not a corporation or a partnership, the statement shall set forth the name and residence. address of each and every owner possessing more than five percent (5%) ownership interest, regardless of whether such ownership interest consists of stock or any other asset, tangible or intangible. 9 g:agree/jmp/k/busshe1t/11/25/98 22. NOTICES Any notice required to be given herein shall be in writing and shall be personally served or given by mail. Notice by personal service shall be effective upon delivery. Any notice by mail shall be deemed to have been given when deposited in the United States mails, certified and postage prepaid, addressed to the party to be served, as follows: To: CITY Director of Public Works City of Huntington Beach 2000 Main Street TO PROVIDER: Christopher J. Culver, President Culver Associates, Ltd. 141 Fifth Avenue Huntington Beach, CA 92648-2702 New York, NY 10010 23. ASSIGNMENT; SUBCONTRACTS The PROVIDER shall not subcontract, assign, sell, encumber or otherwise transfer its rights and obligations under this Agreement without the prior written consent of the CITY. Approval shall not be unreasonably withheld. Anyattempted transfer without the CITY'S prior written consent shall be void and shall, at the option of the CITY, terminate this Agreement. 24. AMENDMENT; WAIVER This Agreement shall not be amended except by a written.instrument signed by the parties. No failure or delay of either party in the exercise of any right given to that party pursuant to this Agreement or given to that party by operation of law shall constitute a waiver of that right, nor shall any single or partial exercise of that right preclude any other further exercise of that right or of any other right. No waiver shall be effective unless the waiver is executed in writing and delivered to the other party in compliance with the notice provisions of this Agreement. 25. INDEPENDENT CONTRACTOR PROVIDER shall perform all services required herein as an independent contractor of CITY and shall remain at all times as to CITY a wholly independent contractor and not an. employee of CITY. CITY shall not in any way or for any purpose become or be deemed to be a partner of PROVIDER in its business or otherwise, or a joint venturer, or a member of any joint enterprise with PROVIDER. 26. LEGAL ACTIONS The Municipal and Superior Courts of the State of California in the County of Orange shall have the exclusive jurisdiction of any litigation between the parties arising out of this Agreement. This Agreement shall be governed by, and construed under, the laws of the State of California. The rights and remedies of the parties are cumulative and the exercise by either party 10 g:agree/jmp/k/busshe1t/11 /25/98 of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. Service of process on CITY shall be made in the manner required by law for service on a public entity. Service of process on PROVIDER shall be made in any manner permitted by law and shall be effective whether served within or outside of California. 27. NON -LIABILITY OF CITY OFFICERS AND EMPLOYEES No officer, official, employee, agent, representative, or volunteer of the CITY shall be personally liable to the PROVIDER, or any successor in interest, in the event of any default or breach by the CITY, or for any amount which may become due to PROVIDER or its successor, or for breach of any obligation of the terms of this Agreement. 28. INTERPRETATION; SEVERABILITY The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. The Section headings are for purposes of convenience only, and shall not be construed to limit or extend the meaning of this Agreement. Each provision of this Agreement shall be severable from the whole. If any provision of this Agreement shall be found contrary to law, the remainder of this Agreement shall continue in full force. 29. EXTENT OF AGREEMENT This document represents the entire integrated Agreement between the CITY and PROVIDER. All prior negotiations, representations, or agreements, either written or oral, are merged into and superseded by this Agreement. PROVIDER and CITY expressly agree that no additional terms or conditions exist that affect this Agreement and that are not contained in this Agreement. REST OF PAGE NOT USED 11 g:agree/jmp/k/busshe1t/1 1/25/98 NOU-30-199B 14.53 CULUER RSSOCIRTES, LTD. 212 260 0646 P.02i02 30. ATTORNE FE In the event suit is brought by either party to enforce the teams and provisions of this agreement or to secure the peiformame hamf, each party shall bear its own attomWs fees. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CUL ER ASSOCIATES. LTD - By: Cke print "am ITS: (circle one) Ch ' ice Pre®idw By: �_ C—Llcz— print nanx ITS: (eL-ettone ecre 'hiefFinancial Offi=Asst. Secretary -'treasurer _ ti � •' ' ,' � e � ti amity Administrator CITY OF HUNTINGTON BEACH A municipal corporation of the State of California Mayor ATTEST: City Clerk APPROVED AS TO FORM: City Attorney 41S#76- 12 I n<108 TOTRL P.02 NOU-30-1999 11:43 212 260 0646 P.02 _4 EXHIBIT «A» :. SCOPE OF SERVICES SITE, DESIGN, AND CONSTRUCTION SPECIFICATIONS FOR FURNISHING AND MAINTAINING BUS SHELTERS AND/OR BENCHES _ IN THE CITY OF HUNTINGTON BEACH The City is requesting proposals for the installation of bus shelters and/or bus benches at some of the 473 bus -stops throughout the City. The City has developed a uniform standard design for bus shelters and benches (Exhibit C). All bus shelter and bench improvements shall meet the minimum design requirements as defined in the City of Huntington Beach Standard Plans, and the Orange County Transportation Authority's "Bus FACILITIES HANDBOOK" dated April, 1996, and made available through that agency and is made a part hereof by this reference. The Director of Public Works or his/her designee shall have the final authority over any design issues that may arise. 11 The following Scope of Services for the City's contract Agreement will be strictly enforced. 1. SPECIFICATIONS AND PERMITS 1.1 All work performed on the shelters and benches, or the site must conform to the requirements of the City of Huntington Beach Standard Plans, Standard Specifications For Public Works Construction (Green Book), and the National Electrical Code (NEC). In addition, all work must comply with the conditions of the Public Works Permit issued for each individual location, and any and all other conditions of the Agreement. 1.2 Provider shall obtain all requisite licenses and permits prior to the construction of any shelter and shall pay all fees, costs and permit charges, including inspection. The amount of the site and electrical/construction inspection has been established by resolution of the City Council. Site inspection permit fee is currently $129 and electrical/construction permit fee is $125 for 1998. 1.3 The shelter's structural design(s) shall be plan checked and approved by the City of Huntington Beach prior to implementation of the installation program. 1.4 If required, the Provider will obtain written permission to encroach from the underlying property owner (other than the City), prior to issuance of any installation permit for any shelter and/or bench. 2. SHELTER DESIGN 2.1 The street name sign shall be installed on all shelters in accordance with City of Huntington Beach standards, or as directed by the Director of Public Works or his/her designee. '2.2 The size, type and locationof shelters or bens che_required at.any individual site shall be determined, the.Director of Public Works or his/her designee in consultation with Orange. County,Transportation Authority. 2.3 All designs, plans, location drawings, and change orders, shall be signed by a California Registered Civil or Structural Engineer., A list of shelter and/or bench locations shall be provided to the Stops and Zones Department of OCTA. 2.4 Each shelter or bench shall be issued its individual per application, shall specify the shelter or bench standard. plan number to be used, and will be accompanied by an 8-1/2" x 11" location drawing, signed and stamped by a'California Registered Civil or Structural Engineer. The location drawing shall contain a minimum 40 foot to 1 inch scale* (1"=40' scale) representation of the proposed shelter site covering the area from the property line to the street centerline at the intersection. Mid -block sites can be shown with broken line ties. The drawing shall also give all necessary, street dimensionssuch;as: sidewalk width, street width, etc. All substructures within the sidewalk area, street lighting electroliers, fire hydrants, storm drain catch basins, trees, vaults, gas lines, water lines, electrical, and any other sidewalk facility or street furniture must be shown on the location drawing. A no -scale key map must also be included on the location drawing. 2.5 Minimum setback of the shelter structure, including roof, from the face of curb shall be two feet. 2.6 Any shelter located less than 48 inches from the curb face shall have rear access at the ad -panel end of the shelter. 2.7 Every shelter shall be illuminated from dusk until dawn by an overhead fluorescent light fixture concealed in the roof structure with a control timer and/or a photo electric cell. 2.8 Each shelter or bench site design shall be compatible with the landscaping in its vicinity, in a manner satisfactory' to the Director of Public Works or his/her designee. Bus shelters and benches to be located on an existing landscaped slope will require special design and landscaping modifications. 2.9 All bus shelters and benches shall have consistent design within a community. All shelter designs will require approval of the Director of Public Works or his/her designee. 2.10 A minimum four inch (4") concrete slab shall be placed at all bench and shelter locations. Concrete mix design -shall be-520-C-2500 (Type V). This slab is to be placed in accordance with the.Orange. County Transportation Authority's "Bus FAcILITIES.HANDBOOK" (figures 26 and29).dated April, 1996,-for transit shelters and related street furniture, and the requirements of the. Americans with Disabilities Act (ADA) of 1990. 2.11 Back and side panels shall be constructed of tempered tinted glass or other safety devices to protect pedestrians by enhancing visibility. The City reserves the right to substitute the optional materials offered by the Provider on a case -by -case basis. 3. LOCATIONS 3.1 Shelters andbenches shall be installed only at the specific site locations as . expressly approved by the City. Shelters and benches shall provide service only at active bus stops unless specifically requested by the Director of Public Works or his/her designee. a. Locations shall be selected in accordance with the needs and priorities of the City. b. As each site is different, no set of location/placement specifications can be entirely satisfactory. Thus, additional consideration shall be given to the unique characteristics of each location such as existing slopes and landscaping, street function of appurtenances, features of adjacent properties, and vehicular and pedestrian movements. 3.2 In the event the City and Provider cannot agree on the bus shelter or bench location, the City's decision on locations shall be final. 4. SITE RELOCATION The City will have the right to require the Provider to relocate shelters and/or benches, at its sole expense, for the convenience of pedestrians and bus patrons, or because of a change in bus stop locations, or street widening/construction. The Provider shall not relocate or remove a bus shelter or bench without the City's permission. The City may require, or permit a shelter or bench to be removed or relocated if it has been demonstrated to be incapable of proper maintenance due to excessive vandalism or any Other reasonable cause: "Excessive vandalism" is defined as damage inflictbd to an individual shelterduring any consecutive six (6) month period, which requires cumulative expenditures for replacement and repair that exceed the original cost of construction and -installation of the shelter.=.:, . In the event that a bus route is altered .or deleted such that a bus shelter or bench will no longer serve an active bus stop, Provider., shall,within thirty (30) days after notification, remove the shelter and/or bench completely,orrelocate the bus shelter or bench to a new location designated by the' City. ;The vacated location shall be restored to its original condition within that same.time period. 5. CONSTRUCTION 5.1 Construction a. Shelters. shall be plumb, level, true, neat and rigid in every respect, and in accordance With engineering drawings and specifications. b. All shelters and benches shall be on.concrete pads or sidewalks. C. The installation -base shallmatch'the,existing paving,at_the location with no more than a one quarter inch (1/4") per one (1) foot -of cross slope, and longitudinal slope consistent with the street. Bus shelter/bench base and all accessways to streets and sidewalk areas shall be minimum four inch (4") concrete. The minimum size shall be designed to "BUS FACILITIES HANDBOOK" dated April, 1996, accommodate trash receptacles, public telephone area, and meet all Americans with Disabilities Act of 1990 (ADA) requirements. d. Before any concrete, asphalt, or other paving surfaces are excavated for trench or foundation work, the existing surface shall be sawcut. Where installation of bus shelters requires the disturbing of existing pavement, surfaces shall be replaced in kind, in manner satisfactory to the City's agent. e. Where existing curbing is found to be in good condition and presents no -hazard to bus stop users, curbing shall not be disturbed during the installation of the bus shelter.. Any required conduit shall be passed under the curb in a manner that does not affect the curbing. Where curbing is found to be in poor condition sufficient to cause a hazard to bus stop users, the curb and gutter shall be replaced as part of the site improvements at Provider's sole expense. The City's agent shall be the deciding judgment on the potential hazard determination. No construction shall be performed, and no sidewalk orstreet lane closures will be allowed before 9:00 a.m. or after 3:00 p.m. Monday through Friday unless specifically approved by the Director of Public Works or his/her designee.._. 9- -_ If provider's work results in.any damage to utilities, street, street furniture, vegetation, or private property, it will be Provider's responsibility to restore, or repair the damaged items or properties,so that they will be in the original or better condition. Any costs involved will be borne solely by Provider. PROVIDER shall indemnify, defend, and hold the City and City Personnel _harmless from and against any and all actions (see XVII (8) of the Agreement) 5.2 Illumination a. Electrical service shall be 120 Volts and lines shall be underground. b. Provider shall apply for, and obtain at its own cost, any necessary electrical service permits from the electrical provider. Metered electrical service charges shall be at Provider's sole expense. 5.3 Shelter Bench, .Bench Every shelter shall have a minimum of one (1) bench in accordance with the site specifications. The shelter and benches will be in accordance with the specifications included as Exhibit C attached, unless specifically approved by the Director of Public Works or his/her designee. Provision shall be made for supplementary benches (no advertisements) at locations where there is a demonstrated need. 5.4 Trash Receptacle a. Provider shall supply the approved trash receptacle at each site in accordance with the site specifications, or as approved by Director of Public Works or his/her designee. If needed, a second trash receptacle shall be installed at the request of the Director of Public Works or his/her designee. b. Trash receptacles shall not block the bypass space between the sidewalk, shelter/bench, and the curb face. 5.5 Bus Route Information and Sign a. The name of the nearest cross street or local feature shall be placed on the shelter's roof facia on the approach end of the shelter. The shelter Provider's name and 24-hour phone number shall be displayed for emergency purposes within the interior of.each shelter. 5.6 Shelter Advertising a. Shelter advertising shall be limited to two backlit ad panels per shelter. If the side walk/parkway is narrow, access is to be provided by pouring additional slab. Alternative advertising panel designs as required on a site - by -site basis will require the specific approval of the Director of Public Works, or his/her designee. b. Any proposed advertising to be located on said shelter ad panels shall not: 1. Display the words "STOP", "DRIVE-IN", "DANGER", or any other word, phrase, symbol or character which may interfere with, mislead, confute, or direct vehicular traffic. 2. Comprise of rotating, revolving, or flashing lighting devises. 3. Promote material which the City in its sole discretion determines is offensive to community standards of good taste. 4. The Director of Public Works or his/her designee will make the final determination on unacceptable advertising. In the event that an advertisement is determined to be unacceptable, Provider agrees to remove said advertising within twenty-four (24) hours of official notification, which may be made by telephone. 5. Promote alcohol and/or tobacco products. Beer and wine advertising is acceptable. 6. Promote unsold bus shelter advertising space. 7. Contain "on -site business identification signs", "off -site business identification signs", or "political advertisements". 8. For the purpose of this Agreement, "on -site business identification signs" are defined as bus shelter ad panels immediately adjacent to the business which is the subject of the shelter ad. Business with multiple sites within the City are exempt from this ad restriction. "Off - site identification signs" are defined as ad panels that give specific direction to an advertiser's place of business other than the site's address. Restrictions include; but are not limited to indications such as: directional arrows; "one block'; "next right'; etc. 6. MAINTENANCE AND REPAIR 6.1 At its sole expense, the provider shall clean and maintain all shelters, benches, and sites: They, shall be kept in' a neat;, safe, and sanitary manner satisfactory to the City's Director of Public Works or his/her designee. a. Provider shall maintain all shelters, benches, at least twice a week. This includes, but is not limited to removal of litter, graffiti, and debris; cleaning of all visible surfaces, and emptying trash receptacles. Provider shall also keep the pad and an area within fifteen feet (15') of the shelter or bus bench clean and litter free at all times. Steam cleaning of all shelters, benches, and all furniture will be provided on an "as -needed" basis. No routine maintenance shall be performed during peak hours for 7:00 a.m. to 9:00 a.m., or 4:00 p.m. to 6:00 p.m. r, b. Shelters and, benches without advertising panels are to be maintained at the same standard as shelters with ad. panels. C. Provider shall, at its own expense, replace or repair any and all damaged, defaced or worn out shelters, benches, or individual parts thereof to "like new" condition no later than twenty-four hours after discovery by provider, or notification of such damage or defacement is received by telephone. If the condition of the shelter or bench represents a danger, the provider shall respond immediately (no later than within 4 hours of notification). Provider shall maintain and furnish a twenty-four hour emergency telephone number. When damage requires emergency removal of an entire shelter, or bench, in order to leave the site in safe condition, the removed fixtures shall be replaced and made fully operational within five (5) working days. d. Provider shall avoid blocking automobile or bicycle traffic lanes. Provider's personnel, equipment and/or vehicles shall not block automobile or bicycle traffic without first placing proper warning signs and traffic delineation devices, *in accordance with the City of Huntington Beach Maintenance Work Traffic Control Manual. e. Provider shall report all maintenance activities in the City each quarter. 7. PUBLIC SERVICE MESSAGES 7.1 Provider shall make available to the City, fifteen advertising panels for three (3) four -week segments each year for ten (10) years. 7.2 Provider shall in cooperation with the city, design, print, install and remove fifteen (15) four-color posters; three times -a year, for ten (10) years atno cost to the City. Provider shall assist City in design of posters. City shall use color posters and advertising to promote the City of Huntington Beach interests. 7.3 Unsold shelter ad panels shall be used. by the City for public service announcements. For purposes of this section only, "unsold ad panels" excluded advertising required by contractual obligations with advertisers (e.g. "bonus" or "override" panels). 7.4 Provider shall arrange for service and installation of the public service announcements including promotions of transportation related programs as defined by the Public Information Officer or his/her.designee. Public service announcements may be preprinted ad sheets from organizations, such as DARE, NEIGHBORHOOD WATCH, MADD, CONFERENCE AND VISITOR BUREAU, ETC. or on special occasions, the City shall provide camera ready copy only. Public Service Announcements shall be held to the same standards required of commercial advertising. 7.5 Provider shall provide City with up to 10 advertising panels a year, outside of the City, at locations of the City's choice. The advertising shall run for four weeks. 8. SPECIAL PROVISIONS 8.1 Provider's Liability. Indemnification shall include all equipment acquired, provided, and installed under the terms of this Agreement including but not limited to shelters, benches, trash receptacles, kiosks, signs, etc.. 8.2 Trash receptacles shall be provided in accordance with this Scope of Services, however, the architectural design shall be mutually defined by the Provider and City. Culver Associa�c�, „w,%A Proposal #12 Street And Direction Cross Street Or Opposite Of 4.Shelter Ad Shelter Non Ad* Ad Bench Non Ad Bench NS 17TH ST FS PALM AVE N8 17TH ST NS ADAMS AVE ✓ �/ S8 17TH ST FS MAN ST SS 17TH ST OPP ADAMS AVE SB 17TH ST NS PALM AVE ✓ �/ S8 17TH ST FS PECAN AVE f SB 1ST ST FS ORANGE AVE f' EB ADAMS AVE FS BEACH BLVD ES ADAMS AVE FS SEABRIDGE LN EB ADAMS AVE FS NEW BRITAIN LN ES ADAMS AVE FS NEWLAND ST EB ADAMS AVE FS CROWN REEF LN ES ADAMS AVE FS MAGNOLIA LN EB ADAMS AVE NS MARINA LN EB ADAMS AVE FS BUSHARD ST EB ADAMS AVE FS DERBYSHIRE LN EB ADAMS AVE NS BROOKHURST ST EB ADAMS AVE FS BROOKHURST ST (300') EB ADAMS AVE FS LAWSON LN WB ADAMS AVE FS PICCADILLY LN WB ADAMS AVE FS BROOKHURST ST �,- WB ADAMS AVE FS SUTTON LN / WB ADAMS AVE FS DERBYSHIRE LN WB ADAMS AVE FS BUSHARD;ST WB ADAMS AVE NS LOTUS ST W8 ADAMS AVE FS MAGNOLIA LN W8 ADAMS AVE FS FELCLIFF LN f W8 ADAMS AVE FS NEWLAND ST „/ m x m -. -- Proposa#2�it Lf l -- -_. ,-.-- :--- Street And Direction Cross Street Or Opposite Of Ad Shelter Non Ad Shelter Ad Bench Non Ad Bench WB ADAMS AVE FS ROTHERT LN WB ADAMS AVE FS COLDWATER LN WB ADAMS AVE FS BEACH BLVD f NB ALGONQUIN ST OPP DAVENPORT DR NB ALGONQUIN ST FS PEARCE ST NB ALGONQUIN ST NS HEIL AVE , EB ATLANTA AVE FS HUNTINGTON ST EB ATLANTA AVE FS ADMIRAL LN EB ATLANTA AVE FS BEACH BLVD EB ATLANTA AVE FS NEWLAND ST ES ATLANTA AVE FS MIRAMAR LN WB ATLANTA AVE FS MAGNOLIA ST WB ATLANTA AVE NS GREENFIELD LN WB ATLANTA AVE FS NEWLAND ST �- WB ATLANTA AVE FS SCHOONER LN WB ATLANTA AVE FS BEACH BLVD WB ATLANTA AVE NS DELAWARE ST WB ATLANTA AVE NS HUNTINGTON ST NB BEACH BLVD FS PACIFIC COAST HWY NB BEACH BLVD FS SUNRISE LN NB BEACH BLVD FS ATLANTA AVE NB BEACH BLVD FS INDIANAPOLIS AVE ✓ �/ NB BEACH BLVD FS SEABRIDGE DR NB BEACH BLVD FS ADAMS AVE NB BEACH BLVD FS UTICA AVE NB BEACH BLVD FS YORKTOWN AVE NB BEACH BLVD OPP CLAY AVE NB BEACH BLVD FS GARFIELD AVE NB BEACH BLVD FS GRAZIADIO DR NB BEACH BLVD FS ELLIS AVE NB BEACH BLVD OPP TAYLOR DR m X m ca W CU1.__ A --- cit_-, Proposal #2 treet And Direction kN=B Cross Street Or Opposite Of Ad Shelter Non Ad Shelter Ad Bench Non Ad Bench BEACH BLVD FS TALBERT AVE NB BEACH BLVD NS NEWMAN AVE NB BEACH BLVD NS SLATER AVE NB BEACH BLVD FS HOLLAND DR NB BEACH BLVD NS BLAYLOCK DR NB BEACH BLVD FS WARNER AVE NB BEACH BLVD FS TERRY OR NB BEACH BLVD OPP MACDONALD AVE f SB BEACH BLVD NS STARK ST / SB BEACH BLVD NS MACDONALD AVE SB BEACH BLVD FS HEIL AVE SB BEACH BLVD FS TERRY DR SB BEACH BLVD FS WARNER AVE f ✓ SB BEACH BLVD FS CYPRESS AVE SB BEACH BLVD OPP HOLLAND DR SB BEACH BLVD FS SLATER AVE SB BEACH BLVD FS LIBERTY DR SB BEACH BLVD PS TALBERT AVE SB BEACH BLVD FS TAYLOR DR SB BEACH BLVD FS MAIN ST SS BEACH BLVD OPP CONSTANTINE DR SB BEACH BLVD FS GARFIELD AVE SB BEACH BLVD FS CLAY AVE SB BEACH BLVD FS YORKTOWN AVE SB BEACH BLVD FS UTICA AVE SB BEACH BLVD FS ADAMS AVE ✓' SB BEACH BLVD NS MEMPHIS AVE SB BEACH BLVD NS INDIANAPOLIS AVE a/ SB BEACH BLVD OPP SUNSET CIRCLE SB BEACH BLVD FS ATLANTA AVE SB BEACH BLVD NS SUNRISE LN m x Proposal #2 Street And Direction Cross Street Or Opposite Of Ad Shelter Non Ad Shelter Ad Bench Non Ad Bench EB BOLSA AVE FS ENT 5362 BOLSA BUSINESS CENTER EB BOLSA AVE NS GRAHAM ST ES BOLSA AVE FS SPRINGDALE ST (300') f EB BOLSA AVE FS DRAKE LN ES SOLSA AVE FS EDWARDS ST EB BOLSA AVE FS VICTORIA LN f EB BOLSA AVE NS GOLDEN WEST ST WB BOLSA AVE OPP GRAHAM ST NB BOLSA CHICA ST FS HEIL AVE NB BOLSA CHICA ST FS SISSON RD NB BOLSA CHICA ST NS EDINGER AVE NB BROOKHURST ST OPP BUSHARD ST NB BROOKHURST ST FS ENT COUNTY SANITATION PLANT 2 ✓' NB BROOKHURST ST OPP BANNING AVE NB BROOKHURST ST OPP 13AYBREEZE DR NB BROOKHURST ST NS HAMILTON AVE (500') NB BROOKHURST ST FS HAMILTON AVE f NB BROOKHURST ST OPP EFFINGHAM DR NO BROOKHURST ST FS ATLANTA AVE f NB 13ROOKHURST ST FS CLIFF DR /' f NO BROOKHURST ST OPP 1NDIANAPOLIS AVE NO BROOKHURST ST Q STONY13ROOK DR- �/ f NB BROOKHURST ST FS MEREDITH DR NB BROOKHURST ST FS ADAMS AVE NB BROOKHURST ST FS CONSTITUTION DR NB BROOKHURST ST FS YORKTOWN AVE NO BROOKHURST ST NS KAMUELA OR ✓ NB BROOKHURST ST FS KUKUI DR SB BROOKHURST ST FS GARFIELD AVE SB BROOKHURST ST OPP KUKUI DR „/ m x 2 Co W Cu1vG1 Aoo�iClQ�.co/ LliU�e ' -- Proposal #2 Street And Direction Cross Street Oc:Opposite Of Ad Shelter Non Ad Shelter Ad Bench Non Ad Bench SB BROOKHURST ST FS ATLANTA AVE SB BROOKHURST ST FS EFFINGHAM DR SB BROOKHURST ST FS HAMILTON AVE SB BROOKHURST ST FS HAMILTON DR (600') SB BROOKHURST ST FS BAYBREEZE DR SB BROOKHURST ST FS BANNING AVE SB BROOKHURST ST OPP ENT COUNTY SANITATION PLANT 2 SS BROOKHURST ST FS BUSHARD ST SB BROOKHURST ST FS PACIFIC COAST HWY EB CENTER AVE OPP HUNTINGTON VILLAGE LN EB CENTER AVE OPP ONE PACIFIC PLAZA WB CENTER AVE FS ONE PACIFIC PLAZA WB CENTER AVE FS HUNTINGTON VILLAGE LN EB DAVENPORT DR FS COURTNEY LN NB DELAWARE ST FS ATLANTA AVE NB DELAWARE ST NS FRANKFORT AVE NB DELAWARE ST NS INDIANAPOLIS AVE NB DELAWARE ST FS KNOXVILLE AVE NB DELAWARE ST FS MEMPHIS AVE NB DELAWARE ST NS ADAMS AVE NB DELAWARE ST FS YORKTOWN AVE (300') NB DELAWARE ST FS CLAY AVE NB DELAWARE ST NS GARFIELO AVE SB DELAWARE ST FS GARFIELD AVE (700') SB DELAWARE ST NS 17TH ST SB DELAWARE ST NS YORKTOWN AVE SB DELAWARE ST OPP OCEAN HILL DR SB DELAWARE ST FS MEMPHIS AVE SS DELAWARE ST FS KNOXVILLE AVE SB DELAWARE ST NS INDIANAPOLIS AVE SB DELAWARE ST NS FRANKFORT AVE m X 2 w —1 ca - - c _s d -- — Proposal #2 Street And Direction Cross Street Or Opposite Of Ad Shelter Non Ad Shelter Ad Bench Non Ad Bench SB DELAWARE ST NS BAY DR EB EDINGER AVE FS WARREN LN ✓ EB EDINGER AVE NS GRAHAM ST EB EDINGER AVE NS CLUBHOUSE LN EB EDINGER AVE NS SPRINGDALE ST EB EDINGER AVE OPP PLYMOUTH LN EB EDINGER AVE OPP STANDISH LN EB EDINGER AVE FS EDWARDS ST EB EDINGER AVE OPP BELFAST LN EB EDINGER AVE FS MARJAN LN EB EDINGER AVE FS GOLDEN WEST ST EB EDINGER AVE NS ENT 7222 CALIFORNIA FEDERAL EB EDINGER AVE FS GOTHARD ST EB EDINGER AVE FS ENT 7552 CITICORP SAVINGS EB EDINGER AVE FS SHER LN EB EDINGER AVE NS PARKSIDE LN EB EDINGER AVE NS ENT 6400 HUNTINGTON APTS WB EDINGER AVE FS BEACH BLVD WB EDINGER AVE OPP SHER LN WB EDINGER AVE FS ENT MONTGOMERY WARDS AUTO WS EDINGER AVE FS GOTHARD ST WB EDINGER AVE NS ENT 15744 GOLDEN WEST COLLEGE WB EDINGER AVE FS GOLDEN WEST ST WB EDINGER AVE FS SHERBECK LN ✓ �/ WB EDINGER AVE FS EDWARDS ST WS EDINGER AVE FS STANDISH LN WB EDINGER AVE FS PLYMOUTH LN WB EDINGER AVE FS SPRINGDALE ST WB EDINGER AVE OPP CLUBHOUSE LN WB EDINGER AVE NS GRAHAM ST WB EDINGER AVE FS BOLSA CHICA ST m x 2 cu W Cu___r Proposal #2 Street And Direction Cross Street Or Opposite Of Ad Shelter Non Ad Shelter Ad Bench Non Ad Bench WB EDINGER AVE OPP MELODY LN „/ ✓ WB EDINGER AVE OPP FANTASIA LN WB EDINGER AVE OPP MONTEREY LN SB EDWARDS ST FS ROYAL OAK DR ✓ SB EDWARDS ST NS ALEXANDRIA DR ;/ ✓' SS EDWARDS ST FS CORNELL DR NB EDWARDS ST FS MCFADDEN AVE ,/ ✓ NB EDWARDS ST OPP CORNELL DR NB EDWARDS ST NS BOLSA EB GARFIELD AVE FS GOLDEN WEST ST EB GARFIELD AVE FS GOTHARD ST EB GARFIELD AVE FS FLORIDA ST EB GARFIELD AVE FS BEACH BLVD (300') EB GARFIELD AVE NS SUMMERFIELD LN EB GARFIELD AVE NS NEWLAND ST EB GARFIELD AVE NS PLUM TREE LN EB GARFIELD AVE NS LINDSAY LN / EB GARFIELD AVE FS MAGNOLIA ST EB GARFIELD AVE FS RANDI LN ,✓ EB GARFIELD AVE FS PAULINE LN / EB GARFIELD AVE FS BUSHARD ST v/ ,✓ EB GARFIELD AVE OPP PERSIMMON CIRCLE EB GARFIELD AVE OPP MOUNT WALTON CIRCLE WB GARFIELD AVE FS NEWLAND ST WB GARFIELD AVE FS MORA-KAI WB GARFIELD AVE FS BEACH BLVD WB GARFIELD AVE NS DELAWARE ST (500') NB GOLDEN WEST ST FS YORKTOWN AVE NB GOLDEN WEST ST FS GARFIELD AVE (300') NB GOLDEN WEST ST FS ELLIS AVE / NB GOLDEN WEST ST OPP ENT 7111 HUNTINGTON CENT PK �/ m X m W co Culver Associares,.Lzd. Proposal #2 Street And Direction Cross Street Or Opposite Of Ad Shelter Non Ad Shelter Ad Bench Non Ad Bench NB GOLDEN WEST ST FS TALBERT AVE NB GOLDEN WEST ST OPP RIO VISTA DR NB GOLDEN WEST ST FS SLATER AVE NB GOLDEN WEST ST FS BETTY DR NB GOLDEN WEST ST FS WARNER AVE NB GOLDEN WEST ST NS NORMA DR NB GOLDEN WEST ST FS HEIL AVE NB GOLDEN WEST ST FS VALENTINE DR NB GOLDEN WEST ST FS STONEWOOD DR NB GOLDENWEST ST FS EDINGER AVE / V., NO GOLDENWEST ST FS ENT 15744 GOLDENWEST COLLEGE SB GOLDEN WEST ST NS OXFORD DR ,/ Vol, SB GOLDENWEST ST FS MCFADDEN AVE SB GOLDENWEST ST OPP ENT 15744 GOLDENWEST COLLEGE SB GOLDEN WEST ST FS EDINGER AVE SB GOLDEN WEST ST FS LAURELHURST DR SB GOLDEN WEST ST FS HEIL AVE SB GOLDEN WEST ST FS LYDIA DR SB GOLDEN WEST ST FS WARNER AVE�- SB GOLDEN WEST ST FS TUCANA OR SB GOLDEN WEST ST FS SLATER AVE SB GOLDEN WEST ST FS RIO VISTA DR SB GOLDEN WEST ST OPP TALBERT AVE SB GOLDEN WEST ST FS ENT 7111 HUNTINGTON CENT PK SB GOLDEN WEST ST NS ELLIS AVE SB GOLDEN WEST ST FS GAR FIELD AVE Vol- SB GOLDEN WEST ST FS CLAY AVE NB GOTHARD ST FS EDINGER AVE SB GOTHARD ST FS MCFADDEN AVE SB GOTHARD ST OPP CENTER AVE NB GRAHAM ST FS MCFADDEN AVE m X co 00 l.Ul V CLu6� A55iaGCS , LLU --- Proposal #2 Sheet And Direction Cross Street Or Opposite Of Ad Shelter Non Ad Shelter Ad Bench Nan Ad Bench NO GRAHAM ST OPP BUSINESS DR �- f NO GRAHAM ST NS ENGINEER DR NB GRAHAM ST FS SLATER AVE ; �/ SO GRAHAM ST FS OCEANUS DR SO GRAHAM ST FS BUSINESS DR SB GRAHAM ST FS WARNER AVE EB HAMILTON AVE FS MAGNOLIA ST ✓ EB HAMILTON AVE FS POLYNESIAN LN EB HAMILTON AVE FS LEHUA LN EB HAMILTON AVE FS BUSHARD ST �- EB HAMILTON AVE OPP VIA STRAITS LN �. WB HAMILTON AVE FS BROOKHURST ST WB HAMILTON AVE FS VIA STRAITS LN W8 HAMILTON AVE FS BUSHARD ST WB HAMILTON AVE FS NORTHSHORE LN WB HAMILTON AVE OPP POLYNESIAN LN EB HEIL AVE FS LE GRANDE LN �- EB HEIL AVE OPP WATERWAY CIRCLE NB HUNTINGTON ST FS PACIFIC COAST HWY NB MAGNOLIA ST FS PACIFIC COAST HWY NB MAGNOLIA ST FS BANNING AVE NB MAGNOLIA ST FS BERMUDA DR NB MAGNOLIA ST FS HAMILTON AVE NB MAGNOLIA ST OPP STILWELL DR NB MAGNOLIA ST FS ATLANTA AVE NB MAGNOLIA ST FS CARROLLTOWN DR NB MAGNOLIA ST FS INDIANAPOLIS AVE NB MAGNOLIA ST FS VILLAGE OR NB MAGNOLIA ST NS MEDITERRANEAN DR NB MAGNOLIA ST FS ADAMS AVE � N6 MAGNOLIA ST FS PIONEER DR m x m CU Ou1vC,. ASzmucia',,=o', L,,..: - _- Proposal #2 Street And Direction Cross Street Or Opposite Of Ad Shelter Non Ad Shelter Ad Bench Non Ad Bench NB MAGNOLIA ST NS MADELINE DR NB MAGNOLIA ST FS YORKTOWN AVE NO MAGNOLIA ST NS MOORPARK DRNO MAGNOLIA ST NS HYDE PARK OR SB MAGNOLIA ST FS GARFIELD AVE SB MAGNOLIA ST OPP HYDE PARK OR SB MAGNOLIA ST NS SEAHURST DR S8 MAGNOLIA ST FS YORKTOWN AVE SB MAGNOLIA ST OPP MADELINE DR SB MAGNOLIA ST OPP PIONEER DR SB MAGNOLIA ST FS ADAMS AVE SB MAGNOLIA ST FS MEDITERRANEAN DR SB MAGNOLIA ST NS BEDEL DR SB MAGNOLIA ST FS INDIANAPOLIS AVE ✓ SB MAGNOLIA ST OPP CARROLLTOWN DR SB MAGNOLIA ST FS ATLANTA AVE SB MAGNOLIA ST NS STILWELL DR SB MAGNOLIA ST NS ENT 21377 EDISON COMMUNITY CNT SB MAGNOLIA ST NS HAMILTON AVE SB MAGNOLIA ST OPP BERMUDA DR SB MAGNOLIA ST OPP BANNING AVE S13 MAGNOLIA ST FS PACIFIC COAST HWY NO MAIN ST FS ACACIA AVE NO MAIN ST FS CREST AVE NB MAIN ST NS 12TH ST NB MAIN ST FS ADAMS AVE NB MAIN ST FS UTICA AVE V, / NB MAIN ST NS YORKTOWN AVE NS MAIN ST FS GARFIELD AVE NB MAIN ST FS HUNTINGTON ST V101 �/ NB MAIN ST FS DELAWARE STol Cul V Cl Proposal #2 Street And Direction Cross Street Or Opposite Of Ad Shelter Non Ad Sheller Ad Bench Non Ad Bench NB MAIN ST FS FLORIDA ST �/ SB MAIN ST FS ELUS AVE SB MAIN ST OPP FLORIDA ST SB MAIN ST FS DELAWARE ST SB MAIN ST NS HUNTINGTON ST SB MAIN ST NS HOLLY ST SB MAIN ST FS YORKTOWN AVE f ✓ SB MAIN ST FS 17TH ST ✓ SS MAIN ST FS ADAMS AVE SB MAIN ST OPP 11TH ST ✓ SB MAIN ST FS CREST AVE SB MAIN ST FS 7TH ST EB MCFADDEN AVE FS COMPUTER LN EB MCFADDEN AVE FS PRODUCT LN EB MCFADDEN AVE FS EDWARDS ST �- EB MCFADDEN AVE FS GOLDEN WEST ST EB MCFADDEN AVE OPP VASSAR ST EB MCFADDEN AVE FS GRAHAM ST EB MCFADDEN AVE FS GOTHARD ST WB MCFADDEN AVE FS GOLDENWEST ST �- WB MCFADDEN AVE FS SPRINGDALE ST WB MCFADDEN AVE FS ELECTRONIC LN WB MCFADDEN AVE OPP COMPUTER LN ✓ f EB ORANGE AVE FS 17TH ST EB ORANGE AVE NS 14TH ST ES ORANGE AVE NS 12TH ST EB ORANGE AVE NS 9TH ST EB ORANGE AVE FS 7TH ST EB ORANGE AVE NS MAIN ST EB ORANGE AVE NS 1ST ST WB ORANGE AVE OPP 1ST ST m x co w - --- -- Cul„�L Proposal 02 Street And Direction Cross Street Or Opposite Of ` Ad Shelter Non Ad Shelter Ad Bench Non Ad Bench WB ORANGE AVE NS MAIN ST WB ORANGE AVE NS 9TH ST WB ORANGE AVE NS 12TH ST WB ORANGE AVE FS 14TH ST WB ORANGE AVE NS 17TH ST NB PACIFIC COAST HWY FS MAGNOLIA ST NB PACIFIC COAST HWY FS NEWLAND ST NB PACIFIC COAST HWY FS BEACH BLVD NB PACIFIC COAST HWY FS ENT 21462 DRIFTWOOD BEACH CLUB NB PACIFIC COAST HWY FS HUNTINGTON ST NB PACIFIC COAST HWY FS ENT 1400 THE GRINDER RESTAURANT NB PACIFIC COAST HWY FS 1ST ST NB PACIFIC COAST HWY NS MAIN ST NB PACIFIC COAST HWY FS 67H ST NB PACIFIC COAST HWY NS 9TH ST NB PACIFIC COAST HWY NS 11TH ST NB PACIFIC COAST HWY NS 14TH ST NB PACIFIC COAST HWY NS 17TH ST NB PACIFIC COAST HWY NS GOLDEN WEST ST NB PACIFIC COAST HWY NS SEAPO[NT ST NB PACIFIC COAST HWY FS WARNER AVE NB PACIFIC COAST HWY FS CORAL CAY LN NO PACIFIC COAST HWY FS BROADWAY NB PACIFIC COAST HWY FS ADMIRALTY DR NB PACIFIC COAST HWY OPP 24TH ST NB PACIFIC COAST HWY FS ANDERSON ST NB PACIFIC COAST HWY FS MARINER DR �- SB PACIFIC COAST HWY OPP GOLDEN WEST ST SO PACIFIC COAST HWY OPP 17TH ST SS PACIFIC COAST HWY OPP 14TH ST SB PACIFIC COAST HWY OPP 11TH ST 8 Culver Associates, Lta. Proposal #2 Street And Direction Cross Street Or Opposite Of Ad Shelter Non Ad Shelter Ad Bench Non Ad Bench SB PACIFIC COAST HWY OPP 8TH ST-. 1 S8 PACIFIC COAST HWY OPP MAIN ST „/ ✓ SB PACIFIC COAST HWY OPP 2ND ST, �- SB PACIFIC COAST HWY OPP 1ST ST (ZONE 1) SB PACIFIC COAST HWY OPP 1ST ST (ZONE 2) / SB PACIFIC COAST HWY OPP 1ST ST (ZONE 3) SB PACIFIC COAST HWY OPP HUNTINGTON ST �— SB PACIFIC COAST HWY OPP ENT 21462 DRIFTWOOD BEACH CLUB SB PACIFIC COAST HWY OPP BEACH BLVD I SB PACIFIC COAST HWY OPP NEWLAND ST + SB PACIFIC COAST HWY FS BROOKHURST ST � SB SAYBROOK LN FS EDINGER AVE SB SAYBROOK LN FS HUMBOLDT DR SH SAYBROOK LN NS MORNING STAR DR SB SAYBROOK LN NS SILLIMAN DR EB SLATER AVE FS GRAHAM ST. NB SPRINGDALE ST FS SLATER AVE NB SPRINGDALE ST FS MCFADDEN AVE NB SPRINGDALE ST OPP MACHINE DR NB SPRINGDALE ST NS THOR DR SB SPRINGDALE ST FS SOLSA AVE SB SPRINGDALE ST FS ENGINEER AVE SB SPRINGDALE ST FS MACHINE DR SS SPRINGDALE ST FS WARNER AVE SB SPRINGDALE ST NS SLATER AVE EB TALBERT AVE FS BEACH BLVD EB TALBERT AVE NS HARTLUND ST (300')- WB TALBERT AVE OPP HARTLUNO ST EB WARNER AVE FS PACIFIC COAST HWY (400') EB WARNER AVE FS LOS PATOS HWY (600') EB WARNER AVE FS LYNN ST m X m 00 ul, As --- ia, --, Proposal #2 Street And Direction Cross Street Or Opposite Of Ad Shelter Non Ad Shelter Ad Bench Non Ad Bench EB WARNER AVE FS GREEN T �/ EB WARNER AVE FS BOLSA CHICA ST EB WARNER AVE FS LESLIE DR EB WARNER AVE FS GRAHAM 5T v"- EB WARNER AVE FS REMINGTON LN EB WARNER AVE FS SPRINGDALE ST EB WARNER AVE NS ENT 6242 CALIFORNIAN APTS EB WARNER AVE FS EDWARDS ST ✓ EB WARNER AVE OPP SCULPIN OR EB WARNER AVE FS GOLDEN WEST ST EB WARNER AVE NS GOTHARD ST EB WARNER AVE NS NICHOLS ST EB WARNER AVE NS OAK LN EB WARNER AVE NS BEACH BLVD EB WARNER AVE FS ROTTERDAM LN WB WARNER AVE FS MAGNOLIA ST WB WARNER AVE NS ROSS LN WB WARNER AVE FS NEWLAND ST WB WARNER AVE OPP ROTTERDAM LN WB WARNER AVE FS BEACH BLVD WB WARNER AVE OPP OAK LN WB WARNER AVE FS NICHOLE ST ✓ WB WARNER AVE FS GOTHARD ST WB WARNER AVE NS ENT 7001 ALBERTSONS MARKET WB WARNER AVE FS GOLDEN WEST ST WB WARNER AVE NS SCULPIN DR WB WARNER AVE FS EDWARDS ST WB WARNER AVE OPP PINEHURST LN WB WARNER AVE FS SPRINGDALE ST WB WARNER AVE NS LARK LN WB WARNER AVE FS GRAHAM ST ---- _ Cul Proposal #2 X 2' co 00 Street And Direction Cross Street Or Opposite Of Ad Shelter Non Ad Shelter Ad Bench Non Ad Bench WB WARNER AVE OPP LESLIE DR WB WARNER AVE FS BOLSA CHICA ST ✓ WB WARNER AVE NS HOSKINS ST i WB WARNER AVE NS SIMS ST WB WARNER AVE FS ALGONQUIN ST WB WARNER AVE FS EDGEWATER LN�- WB WARNER AVE FS SCEPTRE LN �• EB YORKTOWN AVE FS GOLDEN WEST ST EB YORKTOWN AVE FS MAIN ST ✓ �/ EB YORKTOWN AVE FS LAKE ST EB YORKTOWN AVE FS HUNTINGTON ST WB YORKTOWN AVE FS HUNTINGTON ST WB YORKTOWN AVE FS RANCH LN WB YORKTOWN AVE FS MAIN ST SS INTERIOR RDWY @ DOCK 1 ✓ SB INTERIOR RDWY @ DOCK 2 SB INTERIOR RDWY @ DOCK 3 SB INTERIOR RDWY @ DOCK 4 SB INTERIOR RDWY Q DOCK S SB INTERIOR RDWY @ DOCK 7 SB INTERIOR RDWY @ DOCK 8 SB INTERIOR RDWY @ DOCK 9 SB INTERIOR RDWY @ DOCK 10 WB INTERIOR RDWY @ BUS SHELTER , 0 ATTACHMENT #2 � -�=�~ '-°^.;~,^~.-^~-��`_-__-_ ER - ii�PECT To LTH CUR BODILY Imitil" hObILY INJURY cit Ozne IDT- EL EACH ACCIDENT I g ExcL 0 15EA" - EA U44PLai-ill CL QTHM 6 Ago Ewtw AssocLatof Ltd and t]he2jfy 49ura asr ncria c f-Runtington", eke CA ING COMPANY st to 2648 177 NOU ;,O,cj %66 6E62 92E TOE 22:60 366T-SZ-n0N K ATE tMVJDDrYY) AC 11/23/1998 ""*(01)26-040 HCERTIFICATE IISSU- ROPCHR (201)239-9800 FAX 8AS A MATTER OF INFORMATION Property & Life Planners ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE "OLDER- THI$ CERTIFICATE DOES NOT AMEND, EXTEND OR 120 Pleasant Avenue ALTER THE COVERAGE AFFORDED BY THE POLIC*.9 BELOW. Upper Saddle River, NJ 07458 COMPANIES AFFORDING COVERAGE COMPANY Star Insurance Company At2n: Ext: A Culver Associates, Ltd. COMPANY B Culver & Theisen & Culver Media Group 141 Fifth Ave. 11th floor COMPANY C New York, NY 10010 COMPANY D .7 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOvE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, UMrrS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAWS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EPPECTIVE POLICY EXPIRATION LTR: LIMITS DATE (MIAMONY) DATE (MM10ONY) OM42PAL LIABILITY GENERAL AGGREGATE :'S . .... ...... .. COMMERCIAL GENERAL LIABILITY PRODUCTS COMP/OP AGO S CLAIMS MADE OCCUR: PERSONAL A ADV INJURY $ .... . .. .............. . . .. .......... OWNER'S A CONTRACTOR'S PROT EACH OCCURRENCE $ FIRE DAMAGE (Anyone mrs) MEO EXP (Any one Person) AUTOWaILE LIABILITY ANY AUTO r TO FORM "" COMBINED SINGLE LIMIT S ALL OWNED AUTOS BODILY INJURY S SCHEDULED AUTOS (Per person) HIRED AUTOS r, V BODILY INJURY NON -OWNED AUTOS (Per awidona BY ALttorne7' ty D PROPERTY DAMAGE Qd1IIV4115 LIAMNLITY AUTO ONLY - EA ACCIDENT :S ANY AUTO OTHER THAN AUTO ONLY U EACH ACOIDENT: S ................. .. .... ..... ..... . ... AGGREGATE 3 EXCEW LIABILITY EACH OCCURRENCE 3 UMBRELLA FORM AGGREGATE OTHER THAN UMBRELLA FORM WOKE COMPENSATION AND X ; r'ORY ��I ER EMPL0YI!RS'L"ILIrY EL EACH ACCIDENT 5 100,000 A ........................... 13INDER #89B102167 11/10/1998 11/10/1999 THE PROPRIETOR/ INCL EL DISEASE - POLICY LVIT s 500, OOo PARTNERSIEXECLITIVE OFFICERS ARE EXCL, EL DISEASE - EA EMPLOYEE: S 100,000 OTHRR 0MRWTION OF; OPERATIONWLOCATIONSNEMICL2LWECIAL ITEMS - - - - - - - - - - - - j 7-1. ..... .. .... SHOULD ANY OF THE A8OVI! DESCRIBED POLICIES BF1 CANCELLED BEFORE THE EXPIRATION DATE THIMEOP, THE ISSUMO OOMPANY WILL City of Huntington Beach, CA 30 DAYS WRITTEN ICE TO THE CEWIPICATE HOLDER NAMED TO THE LEFT, x Attn: Jennifer McGrath .."MION OR tweelry 2000 Main Street, 4th Floor rc Huntington Beach, CA 92648 AUTHORIZED REPRd19w E0 319vcd Nv7ci 71AI7 T AIN7]dONI-I 6ZGE-9EZ—TOZ VE :FT 966T/C;Z/TT ATTACHMENT #3 NOU-10-1998 12:22 CULUER R550CIRTES, LTD. 212 260 0646 P.01/07 CAAllom CULVER ACSOCIATCC, ITO, DATE- November 10, 1998 TO: Dan Villella City of Huntington Beach Huntington Beach, CA FROM: Michael Liu FAX #: 714-374-1571 : Performance Bond NUMBER OF PAGES: (Including cover sheet) Dear Mr, Villella: Please find a notarized copy of the performance bond attached, as required in the bus shelter agreement. The copy faxed to you yesterday was sent prior to notarization. Please call me at 212-473-5600 ext. 108 With any questions or comments. Sincerely, Michael Liu Chief Financial Officer 141 FIFTH AVENUE, 11th Floor NEW YORK, NY 10010. 212AT3.5600 FAX 212.505.6899 NOU-10-1998 09:13 212 260 0646 P.01 NOU-10-199B 12:22 CULUER ASSOCIATES+ LTD. 212 260 0646 P.02i07 ASSET MDEKNM BROKERAGE CORPORATION 111 John Street New York, NY 10038 TELEPHONE 212/ 349-1166 FAX 212/ 349-4793 CHRISTOPHER CULVER (NV®IcE # 3036 CULVER ASSOCIATES, LTD. 141 FIFTH AVENUE DATE: NBVEMBER 9TH, 1998 NEW YOM NY 10010 DATE NMED TO exmrE COMPANY AND POLM NMAER COVISRAGE — AMOUNT OR UMRB PREMIUM 01/01/99 12/31/99 CHATHAM REINSURMICE CORP. PEFORMANCE 3M 3CM # H00521 HCND APiC W $ 218 , 000.00 PREMIUM DUE AIB... 1$5,.450.00 J Plsaom amandne to Noted abwa and nath um WeledW* d any dmome ar aamebne are nmoomaaq. Pr vim are dw and I � II wan kauwm d P000y amgw bad. Kln* mWw a® oluod o aaydAs to ASSET FCC—MNRY BROKERAGE CORPORATION NOU-10-1998 09:13 212 260 0646 P.02 r NOU-10-1998 12:22 CULUER RSSOCIATES, LTD. 212 260 0646 P.03i07 KNOW ALL MEN BY THESE PRESENTS: that CULVER ASSOCIATES, LTD. 141 FIFTH AVENUE NEW YORK► NY 10010 as Principal, hereinafter called Contractor, and, CHATHAM REINSURANCE CORPORATION 119 LITTLETON ROAD PARSIPPANY, NJ 07054 BOND # E00521 (Nett ;nttry i„II nsma vke address or legal Title of Conlroel" (Here ­)tn IuC , *"* 4.d adofcat of legal l,ut m s.,rem as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH, CALIFORNIA Hart -nsan WE -afne and address of logaf title or 0-non 2000 MAIN STREET HUNTINGTON, CA 19648 as Obligee, he*nafter called Owner, in the amount of TWO HUNDRED EIGHTEEN THOUSAND DOLLARS AND 00/100--------- Dollars ($ 218 , 000.00-------- ). for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. — WHEREAS, CULVER ASSOCIATES, LTD. Contractor has by written agreement dated 19 , entered into a contract with Owner for CONSTRUCT, MAINTAIN AND SELL/ADVERTISING ON 218 BUS SHELTERS AND 301 BUS BENCHES FOR THE PERIOD BEGNING 01/01/99 AMID ENDING 12/31/99 RENEWABLE BY CONTINUATION CERTIFICATE AT THE OPTION OF THE SURETY in accordance with Drawings and Specifications prepared by (Nve ,marl lull nefnt and eddnsa or legal tint of ICmnlleCO whi3O.ghtract is by reference made a part hereof, and is hereinafter referred to as the Contract NOU-10-199e 09:13 212 260 0646 P.03 NOU-10-199B 12:23 CULUER RSSOCIRTES, LTD. 212 260 0646 P.04i07 CoUjiTy OF NEW YORR On this 9TU An of NOVEMBER ..I1_q before me petwn4y came P�UL KUSHNER — to me lmawn, who, being by me; duly swmn, did depose and say. that he resides in NEW YORK that he is Attara,ey-in-Fact of the Corporation de x=beci in and wh 6 =ecuted the attached =ttnment; tb= hs •knows the seal of said Corporatimn, that the seal a$oced to said 4=ru *+eat is such corporate seal; that it wit so affixed pursusnt to power conferred an him, by a Power of Attorney granted to han by sand Corporation and that he signed said insm=ent as Attorney is Fart of said Corporatina pu=u=t to surd =thority. DEBORAH D. BELTON Notary public, State of New York No. OIBES01419S Qualif led in Kings Caen _ Commisslon Expires July 15, 1 NorANr PUBLIC - PR. 0P4L'S INDIVIDUAL ACSN0WLID4'MNT STA7Z OF_ ss.. COUNTY or On this.__..:_... —day oi..... before me personally came to me known and ]mown t4 me to be the in4ividua1 des=%bea = and woo ececuzed the fo=going i,,:=-=ent, and he a6--oQrledged to me thgz he ccecuted the same. -- NaTART PUB1.1c FRINCIP IL'S CO-FARTINMtSaIP ACKN0WLZ0GGXLNT STAIR OF__ _-'.- CCUN'r'' OF_. /*�'1 �_.. SS.. hie ` v- u v 9/ ._...�� �L-•• ..nay.°L .�.__.... ._....._..------_......—�9. _..., before are ptrsonally came m a e ber of the Co-partne_-ship or Ci L=�._ s ... A � ..s . �. L? .r--- ---- ---- -- to me known and known to me to be -the pe_=n •.Arno u aes=bed in the foregoing ins==ent and he a6mowledges that a xe_cctted the same az anal fo. "the acs and deed of the said Co-partnersuip- A&RY444-ij -�•Fftd In�►1b PRINCIPAL'S CORFORA1—ACM40WLED May OF ss_ COUNTY OF 0n rhie day o' ._...19......., beicre me personally csme to me known, who, being by me duly sworn, did depose and say, that he resides ;r that he is —. of_ the Corporation de=ibed = and waich executed the foregoing instrument; t!nt he knows the Corporate Seal of said Corporation; and the Seal ainxed to said instm e t is suca Corporate Seal; that it was so affixed by order - of the Boars oz Directors of said Corporation, and that he signed his name thereto by like order. KOTAAY rut.ic NOU-10-1999 09:13 212 260 0646 P.04 NOU-10-1998 12:23 CULUER ASSOCIATES, LTD. 212 260 0646 P.05i07 CHATHAM REINSURANCE CORPORATION • E- OF ATTORNEY Know All Men By These Presents: That Chatham Reinsurance corporation., as corporation of the State of California does hereby appoint® PAUL XT)sHNER, Patrick J. )Lynch, Michael J. Tully, Eamonn Long, Philip S. Tobey as its true and lawful Attorneys -in -Fact, each individually if there be more than one name; to make, execute, sign, acknowledge, affix the Company Seal to, deliver any and all surety bonds, undertakings, recognizanees, and other contracts of indemnity and writings obligatory in the nature of a bond, for and on behalf of said Corporation and as an act and deed of said corporation. ,I,Nf_.W1TMS._VHEMQF_,._.-Chad _reinsurance Corporation of the State of California has executed these pi;esents. STA&E OF NEW JERSEY ) ) SS. COUM OF MO'RRIS ) this Fourth day of March, 1998. Jar y wa L s, Prix en t On this 4th day of March 1998, cama before me, Jeremy R. Wallis, the above named officer of Chatham Reinsurance corporation, Located in Florham Park, New ,jersey, to me personally known to be the individual and officer described herein, and acknowledge that he executed the foregoing instrument and affixed the seal of said corporation thereto by authority of -this office. aenoer FrancCs_A. FrazZa , Notary tic' My Commission Expires May, 10, . 2002 I, Christopher Suarez, secretary of Chatham Reinsurance Corporation, located in Florham Park, New Jersey, do hereby certify that the above and foregoing to be a true and correct copy of a Power of Attorney executed by said Chatham Reinsurance.Corporation, located in Florham Park, New Jersey, which is still in full force and effect. IN WITNESS wHEREOF, I have set my hand and affixed the seal of of said Company this 9th day of Noveplaff, 1998. zs t op a Suarez, eere NOU-10-1999 09:14 212 260 0646 P.05 NOU-10-1996 12:23 CULUER ASSOCIATES, LTD. 212 260 0646 P.06i07 NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION'are such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain In full force and effect. The Surety hereby waives notice of any alter- ation or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall either 1) Complete the Contract in accordance with its terms and conditions: or 2) Obtain a bid or bids for completing the Con- tract in accordance with its terms and condi- tions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default ora succession of defaults under the contract or contracts of completion ar- ranged under this paragraph) sufficient funds to pay the cost of completion less -the balance of the contract price; but not exceeding, includ- ing other costs and damages for which the Surety may be liable hereunder the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid.by Owner to Con- tractor. Any suit under this bond must be instituted befcre the expiration of one(1) yearfrom the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs. exe- cutors, administrators or successors of the Owner. A,k1i;h0VhD AS TO FORM:i CITY kl'TO_MEY By Signed and sealed this 9T13 day of NDVEMM 1998 CULVER ASSOCIATES, LTD. (Principal) (Seal) (Witness) BY: CHATHAM . , ..-�... (w;tnessl BY: �&/ PAUL KUSHNER, (Title) IN —FACT ran, me i IM NCU-10-1999 09:14 212 260 0646 P.06 NUU-10-1998 12:24 CULU ER RSSOCIRTES, LTD. 212 260 0646 P.07i07 CHATFQX REINSURANCIS c:vxrvrce�a�vs. Statement of Financial Condition as of December 31, 1997 BONDS $55, 668; 56". 0 PREFERRED STOCKS .00 COMON STOCKS .00 C&SH AND SHORT-TERM INVESTMENTS 6,390,500.00 PMERAL TAX RECOVERABLE 894,194.00 PAmIUMS IN COURSE OF COLLECTION (Under 90 days) 8,076,846.00 AGENTS BALANCES NOT YET DUE 5,161,808.00 FUNDS HELD BY OR DEPOSITED WITH REINSURED COMPANIES 3,356,035.00 REINSURANCE RECOVERABLE ON LOSS PAYMENTS 1,030,548,00 MECTRONIc DATA PROCESSING EQUIPMENT 48,764.00 MEREST AND DIVIDENDS RECEIVABLE 1,030,047.00 RECEIVABLE FROM PARENT, SUBSIDIARIES AND AFFILIATES 1,750,000.00 MISCELLANEOUS RECEIVABLES 61,377.00 TOTAL ADMITTED ASSETS $83,469,087.00 RESERVE FOR LOSSES $37,584,343.00 RESERVE FOR LOSS ADJUSTMENT EXPENSES 1,417.,.803.00 CONTINGENT COMMISSIONS AND OTHER SIMILAR CHARGES I. 411,860CR OTHER EXPENSES (Excluding taxes, licenses and tees) 29.01537.00 TAXES, LICENSES AND FEES(Excludinq income taxes) 177,312.00 DWEARNED PREMIUMS F'f7NDS._�iELD,,,EX,,CtiOA�l? NY UNDER REINSURANCE TREATIES 1,509,494.00 j PROVISION FOR REINSURANCE 1 1, 2 a 2, 21.8. Or. TOTAL LIABILITIES $48,7.09;84�0.00 COMMON CAPITAL STOCK' $3,500,000.00 MOSS PAID IN, AND CONTRIBUTED SURPLUS 15,200,000.00 UNASSIGNED FUNDS (Surplus) 16,059,247:00 TOTAL LIABILITIES AND SURPLUS $83,469,087.00 I, John J. Lynch, Treasurer of the Chatham Reinsurance Corporation 46 'nereby certify that the foregoing statement is a correct- exhibit of the assets and surplus of the said Corporation, on the 313t day of December, 1997, according to the best of my information, knowledge, and belief. State of New Jersey) J. n , easurer County of Morris) as. ` Subscribed and sworn to, before ins, a notary public of the State of New Jersey in the County of ?Morris, this 8th Day of July, 1998. �-r Frances A. FrazzarW, NotaFT�l�C BOND NO. HOWI •+°'�• Icy Commission Expires May 10, 2002 TOTAL P.07 NOU-10-1998 09:15 212 260 0646 P 07 ATTACHMENT #4 10-20-98 03,41FM FROM III OCT-20-1958 18:29 October 20, 1996 TO ADMiN SERVICES CUI-UER N=9C1C I;TES - LTD. AM %MOANOM CULVER Mr. Richard Barnard Deputy City administrator City of Huntington Beach 2000 Main Street Huntington Beach, CA 92649 Dear Mr. Barnard, The following will confirm our previous conversation regarding Public Service Advertising in the City of Huntington Beach bu, shcher bid. Culver Associates would agree to create, print, and post 10 buti shelter panels fen. 4 weeks, as called for in Section 7 of your "Scope of Services," Exhibit "A" of your RFP. at no cost to the City of Huntington Beach. The shelter posters promoting Huntington Beach will be placed in one or more of the markets listed on the attached sheet. Should you have any questions regarding our bid, please do not hesitate Lo cull. Best regards, Christopher Culver President cc: Rick Amadril Shari L. Freidenrich James Hanggi Dan T. Villella JAI FIFTH AVENUE I ITS FLOOR NEW YORK. NY !CCIC L 2,G7? :OOO PAX 212.905 6899 P02 ADVEBTI$INC - GOLLATEnAL . MEDIA PLANNINC/BUYING - DIRECT MAIL - MULTIMEDIA • PROMOTION OCT-20-199e 15:30 ?145365233 97% P.02 Proposed Mars r- r� b CL d ArLwa Phoenix Florida Miami Beach New Jersey Newark Airport —I r� (Convd) Monroe County Bloomfield Catitivrnis Alaaneda Orange County West Orange Big Sealril e, Arrowhead Orlando Elmwood Park Burbank Airport Palm Beach County Verona - Las Anggelles County Pensacola Fairlawn r Monterey/Salinas St. Cloud = Tampa New York Albany (Orange County Buffalo Palm Wrigs GeargW Abarly Nassau County v Redding Atlanta New York City R'nrerside County Augusta Syracuse w Sacramento Wesi&ester County San Bernardino County #irwis Chicago � San Diego Canty Ohio Cincinnati San Francisco Indiana Ft Wayne a San Jose/9*con Valley Oklahoma Norman F Ventura County Kentucky Evansvik OMaho na Crty u Louisvike Tulsa Q Colorado Derrver ri o Glenwood Springs Louisiana Alexandria Pennsylvania Harrisburg N aPula Balton Rouge Lancaster W Hourn® Lehigh Valtey In a W fta CoreCdcut Fairfield County Monroe Ph adslphia Hartford County New Orleans ReadinyWrks Counties Yo,* DiSL Of Columbia Washirtc, on Q.C. Michigan Detroit RhodakJand Providence c� Ft Lauderdale Ilionesota khmeapolis/St. Paul m Florida Keys Soub Carchnla Charleston m Key West k4iissouri St Louis Columbia Lee County/FL Myers Greenyille/Spartariburg M 03 miami a Las Vegas o m Ternrmssee MWPtus W m a i m Ong Cheyenne0) 1- r i b U O I m I I- U 0 ATTACHMENT #5 e177�17U CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICA TION To: Ray Silver, City Administrator From: William H. Osness, Acting Director of Administrative Services Subject: FIS 99-12 Award Bus Shelter and/or Bench Contract Date: November 24, 1998 As required by Resolution 4832, a Fiscal Impact Statement has been prepared for "Award Bus Shelter and/or Bench Contract". If the City Council approves this action, there will be no effect on the City's estimated General Fund Balance at September 30, 1999 because the new revenues generated will exceed the new appropriations for the new position to monitor the contract. William H. Osness, Acting Director of Administrative Services Thomas S GUIotta County Executive Nassau County Planning Commission 400 County Seat Drlve Mineoia, N.Y. 11501 -4825 516-571-5844 Fax 616-571.3839 December 3, 1998 Mr. Dan Villella Director of Finance CITY OF HUNTINGTON BEACH 2000 Main Street Huntington Beach, California 92648 BY FAX: (714) 374-1571 Dear Mr. Villella: Paul F Punessn DrKtor I regret that you were not able to receive my telephone call this al-t.ecnoon, but I hope that this letter will serve to answer your questions. As you know, I am the administrator in charge of Nassau County's bus shelter program. In February 1997, Nassau County awarded a contract to Culver Asso- ciates to manage and maintain our municipal bus shelter program. This contract, was awarded with high expectations for an improvement of amenity for our transit riders as well as a substantial increase in revenue to help defray the operating deficitsthat are inherent in provision of public transportation. In the less than two year period that Culver has had this contract, Nassau County's expectations have been realised many times over. Culver has rehabilitated approximately 100 shelters and 100 benches that the previous vendor had permitted to fall into disrepair, and has introduced about 100 new shelters and 100 new benches to the supply. All of this has been accomplished in a very cooperative and enthusiastic manner, in a somewhat.complicat:pd environment of overlapping jurisdictions requiring many levels of appivval. All of Culver's facilities have been kept clean and properly maintained. Apart from facility benefits to our bus riders, Nassau County's cash receipt:: in the first year of Culver's involvement were more than six times the amount received in any previous year from the former vendor. Given the program expansion that has occurred over the past year, we expect to do even batter this year. This is marked contrast to the efforts of the former vendor, whose: advertising sales and commissions to Nassau County were static over the previous ten years. Good luck in your bid solicitation. Please feel free to contact me it T can provide further information or assistance in drafting your contract. Very truly1 yours, Michael Licitra Planner Supervisor DEC-03-1998 13:49 99% P.01 - -- INITIATING DEPARTMENT: Public Works SUBJECT: Award Bus Shelter and/or Bus Bench Contract COUNCIL MEETING DATE: December 21, 1998 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Attached Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Attached Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable --EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff ( ) ( ) Assistant City Administrator (Initial) ( ) ( ) City Administrator (Initial) ( ) ( ) City Clerk ( ) ORETURROF ITEM:, Council/Agency Meeting Held: ia/ 7 / 9 8 ��.r 6o1J . /b Deferred/Continued to: / .42 i 9 8, '_-bCity Clerk's Signature ❑ Approved ❑ Conditionally Approved ❑ Denied Council Meeting Date: December 7, 1998 Department ID Number: PW 98-085 SUBMITTED TO: SUBMITTED BY: PREPARED BY: SUBJECT: CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION HONORABLE MAYOR AND CITY COUNCIL MEMBERS M6 CZi t� RAY SILVER, City'Admin istrator4W-d ROBERT F. BEARDSLEY, Director of Public Works;:. RICHARD D. BARNARD, Deputy City Adminl'trator rt SHARI L. FREIDENRICH, City Treasurer' DAN T. VILLELLA, Acting Director of Adm nistrative Services AWARD BUS SHELTER AND/OR BUS BENCH CONTRAC Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: On September 9, 1998, the Purchasing/Central Services Manager received and opened bids for the installation of bus shelters and/or bus benches. The contract is now ready to award. Funding Source: Funds are paid to the City's General Fund. Recommended Action: 1. Approve motion to approve Culver Associates, LTD, as the sole provider of advertising bus shelters, non -advertising bus shelters, advertising bus benches, and non -advertising bus benches. 2. Approve motion to award bus shelter and/or bus bench contract to Culver Associates, LTD for term 1/1/99 through 12/31/08 and approve and authorize the Mayor and City Clerk to execute the agreement between the City of Huntington Beach and Culver Associates, LTD for Bus Shelter and/or Bus Bench services. 3. Approve motion to use a portion of the contract proceeds to fund an intern position to perform field inspections. Alternative Action(s): 1. Award contract to another bidder. 2. Reject all bids and issue a new request for proposal. v-2 REQUEST FOR COUNCIL ACTION MEETING DATE: December 7, 1998 DEPARTMENT ID NUMBER: PW 98-085 Analysis: The City of Huntington Beach, through a license agreement, has provided bus shelters and/or bus benches in the public right-of-way as a community service to the public as well as affording local, regional and national businesses an opportunity to promote their products and services. The selected company pays the City a monthly fee for the ability to place their shelters and/or benches within the City right-of-way. The current bus shelter contract expires December 31, 1998. One bus bench contract expires December 31, 1998, and the other expires August, 1999. The City Administrator's Office formed a Bus Shelter Committee with one member each from the City Treasurer's Office, Administrative Services, Administration, and the Public Works Department. The Committee mailed out a request for proposal with a due date on September 9, 1998. Three companies responded to the Request for Proposal: 1. Coast United Advertising. 2. Culver Associates, LTD. 3. Eller Media Company Coast United Advertising is a supplier of advertising bus benches as its sole product. Culver Associates is a business that supplies advertising bus shelters, non -advertising bus shelters, advertising bus benches, and non -advertising bus benches. Eller Media Company is a business that supplies advertising bus shelters, non -advertising bus shelters, and non - advertising bus benches. Each committee member reviewed the proposals, interviewed the companies, and called references. The committee met with the Purchasing/Central Services Manager to develop rating criteria which he complied and distributed rating sheets to each committee member. The committee and the Purchasing/Central Services Manager met on November 2, 1998 to finalize their ratings. This procedure resulted in the Committee's recommendation to award a ten year exclusive contract to Culver Associates. At the present time there are approximately 230 bus shelters and approximately 463 bus benches throughout the City. For the fiscal year ended September 30, 1998, this generated a total of approximately $250,000 in revenue to the City. This included "grandfathered" advertising within the Coastal Zone and the Downtown Specific Plan areas. 0033409.01 -2- 12/01/98 8:01 AM REQUEST FOR COUNCIL ACTION MEETING DATE: December 7, 1998 DEPARTMENT ID NUMBER: PW 98-085 Culver Associates proposal's minimum payments to the City would be $462,600 for the first full year of the contract increasing to $724,800 by the sixth year of the contract and a ten year total of $6,149,100. The first year's increase would be $212,000 or 85%. This would be accomplished without advertising within the Coastal zone and the Downtown Specific Plan area and would include the following bus stop amenities. The City's request for proposal stipulated that the bidders propose their suggested (desired) number and type of amenities with and without advertising within the Coastal Zone and Downtown Specific Plan area. The City will determine the final configuration: �.Aclverising-; Nora=Advertising., Total.- Bus Shelters :_ ­ 167 105 272 Bays Benches. 206 175 ' 381 The above revenues for both the present and proposed contracts represent the minimum contract payments. The present contracts provide for the City to receive the greater of the minimum payments, or fifteen percent (15%) of gross advertising revenues. The City has never received anything greater than the minimum payments. Both representatives from Culver Associates and contacted references believe that Culver's advertising revenues will require Culver to pay the City a percentage amount that will exceed the required contract minimum payments. This expectation is aided by the fact that Culver has agreed to pay twenty-two percent (22%) of gross advertising revenues during the first five years of the agreement, increasing to twenty-four percent (24%) during the last five years of the agreement. In addition to Culver and Associates providing the greatest direct revenue to the City, Culver will provide servicing and maintenance to both advertising and non -advertising shelters and benches at no cost to the City. To efficiently accomplish their maintenance and cleaning schedule, they plan to establish an office and warehouse in the City of Huntington Beach once the contract is awarded. Historically, the City has not had staffing to monitor the condition of bus shelters or the placement of bus benches. Therefore, it is recommended that a portion of the increased revenue is used to hire such a position. Other benefits to the City include public service posters and advertising panels within the City and promotion of the City of Huntington Beach advertising panels available at locations throughout the United States, (see attachment). Environmental Status: Not applicable. 0033409.01 -3- 12/01/98 8:01 AM REQUEST FOR COUNCIL ACTION MEETING DATE: December 7, 1998 DEPARTMENT ID NUMBER: PW 98-085 Attachment(s): 1. Contract between the City of Huntington Beach and Culver Associates, LTD. " 2. Certificates of Insurance 3. Bonds 4. Public Service Advertising -- Communique from Culver Associates 5. Fiscal impact Statement RCA Author: Dan Villella/Bob Hidusky 0033409.01 -4- 12/01/98 8:01 AM ATTACHMENT #1 RECEIVED FROM AND MADE A PART OF T EOR .. COUNCIL MEETING OF OFFICE OF THE CITY CLERK CONNIE EROCKWAY, CITY CLERK CITY OF HUNTINGTON BEACH INTER -DEPARTMENT COMMUNICATION TO: RAY SILVER, City Administrator FROM: GAIL HUTTON, City Attorney DATE: December 21, 1998 SUBJECT: Award bus shelter and/or bus bench contract Statement of Issue: On September 9, 1998, the Purchasing/Central Services Manager received and opened bids for the installation of bus shelters and/or bus benches. The contract is now ready to award. Funding Source: Funds are paid to the City's General Fund. Recommended Action: 1. Approve motion to approve Culver Associates, LTD, as the sole provider of advertising bus shelters, non -advertising bus shelters, advertising bus benches, and non -advertising bus benches. 2. Approve motion to award bus shelter and/or bus bench contract to Culver Associates, LTD for term 1/1/99 through 12/31/08 and approve and authorize the Mayor and City Clerk to execute the agreement between the City of Huntington Beach and Culver Associates, LTD for Bus Shelter and/or Bus Bench services. 3. Approve motion, to use a poriion of the contract proceeds to fund an intern position to perform field inspections. Alternative Action: 1. Award contract to another bidder. Reject all bids and direct staff to reinitiate the bid process and direct the City Administrator to enter into an agreement with the current vendor for bus shelter services to extend services on a month-b -month basis not to exceed nine months. GAIL HUTTON, City Attorney c: Melanie Fallon, Assistant City Administrator jmp/lcoaes/5 r Mr. Ray Silver, City Administrator City of Huntington Beach 2000 Main St. Huntington Beach, CA 92648 Dear Mr. Silver, �P,�,B/Ue+� �om H�s�ini 5 bra �iay C U L V E R ��3e �� �y��� ;/c�►� December 7, 1998 Culver Associates is delighted to have been recommended as the exclusive provider of bus shelters and bus benches in Huntington Beach beginning January 1, 1999. The City's selection committee conducted a careful and detailed review of three proposals. Culver Associates was selected as the best overall company to facilitate this agreement primarily based the following qualifications. Culver personnel were responsible for successfully building over 1,000 advertising bus shelters in Los Angeles, Anaheim and Santa Ana from 1983 to 1988 when the company was sold to Gannett Outdoor. Currently, Culver Associates operates bus shelter properties in 40 cities in the United States and has over 15 years of experience in the business beginning with the Los Angeles and Orange County franchises. The success of the LA/Orange County franchises was the -direct result of Culver's ability to sell shelter advertising to local, regional and national advertisers. With our success in other markets and the development of Southern California transit properties such as Union Station in Los Angeles and various Long Beach properties, we are expanding our presence. We would like to answer some of the questions recently raised and point out some additional benefits Culver has to offer: • Culver has demonstrated its ability ro raise necessary capital, other than our positive cash flow, with a letter of commitment from an experienced lender to the advertising business. • Culver has already posted a performance bond as called for in the RFP and at the request of the City Attorney. • The City will receive a guaranteed payment in the very first year that is over 85% higher than any payment the existing vendor has paid in the last ten years. • We are the only bidder that has the experience to bid on both the bus shelter and bus bench advertising portion of the bid. • Culver is currently building shelter signage in Los Angeles and will continue our growth in the region with innovative designs of street furniture that reduces street clutter and generates revenue to cities like Huntington Beach. • Culver currently operates successful bus shelter operations in 40 cities in the United States with some programs dating back over 10 years. Corporate Office: 141 FIFTH AVENUE 11TH FLOOR NEW YORK, NY 10010 212.473.5600 FAX 212.505.6899 ✓ Los Angeles Office: 18882 VISTA PORTOLA TRABUCO CANYON, CA 92679 949,766.5701 FAX 949.766.3731 NEW YORK + L J S ANGELES Culver has committed itself to a sales office and warehouse facility within the city of Huntington Beach. Culver has a proven track record in selling advertising to local, region and national advertisers, thus maximizing revenue to cities. Culver has the direct experience selling bus shelter advertising in Los Angeles and Orange County to maximize revenue for Huntington Beach. Based on the performance of the existing contractor, the City council should consider the following: The city has only received minimum payments for the past 16 years. This demonstrates Eller's inability of sell Huntington Beach advertising, thereby minimizing revenues to the city. Eller's lack of experience in the bench advertising business resulted in Eller not bidding on the bench portion of the RFP which will further reduce revenues to the city. As staff has reported, Eller has demonstrated a undependable level of maintenance which has left the shelters in desperate need of immediate repair. In 1997, Culver Associates won a 10 year agreement with Nassau County, New York. Similar to Huntington Beach, Nassau was coming to the end of a 10 year agreement with a previous vendor. The County's Planning department recommended Culver over Eller's shelter operation on the east coast. Then, as now, claims were made that we did not have the financial capacity nor were we qualified to facilitate the Nassau agreement. For your review, I have included a letter from Mike Licitra, Planning Supervisor Of Nassau County, describing our "cooperative 'and enthusiastic" approach to the shelter and bench franchise. Mr. Licitra states that in the first year of the project alone Culver's sales efforts resulted in the County receiving over "six times the amount of revenue" that the County had ever received in the previous 10 years. We are a responsible, financially secure transit advertising company with a proven track record in Los Angeles and Orange County. We are eager to begin the rehabilitation of the Huntington Beach shelter and bench program which is in desperate need of repair. We respectfully ask you to approve staff's recommendation of the new contract so that we can provide the City of Huntington Beach and it's citizens with the type and quality bus shelter and bench program it expects and deserves. Sincerely, C Chri topher J. Culver President cc: Staff Selection Committee Attachments Thomas S Guiotta County Executive Nassau County plenning Commission 400 County Stet Dave Mineola, N.Y. 11501 -4825 516-571-5844 Fax 61 dZ71-3838 December 3, 1998 Mr. Dan Villella Director of Finance CITY OF HUI77'INGTON BEACH 2000 Main Street Huntington Beach, California 92648 BY FAX: (714) 374-1571 Dear Mr. Villella: Paul F. PnnP55a Uuector I regret that you were not able to receive my telephone call this afterTloon, but I hope that this letter will serve to answer your questions. As you know, I am the administrator in charge of Nassau County's bus shelter program. In February 1997, Nassau County awarded a contract to Culver Asso- ciates to manage and maintain our municipal bus shelter program_ 'Phis contract. was awarded with high expectations for an improvement of amenity for our transit riders as well as a substantial increase in revenue to help defray the operating deficits that are inherent in provision of public transportation. In the less than two year period that Culver has had this contract, Nassau County's expectations have been realised many times over. Culver has rehabilitated approximately 100 shelters and 100 benches that the previous vendor had permitted to fall into disrepair, and has introduced about 100 new shelters and 100 new benches to the supply. All of this has been accomplished in a very -cooperative and enthusiastic manner, in a somewhat complicated environment of overlapping jurisdictions requiring many levels of approval. All of Culver's facilities have been kept clean and properly maintained. Apart from facility benefits to our bus riders, Nassau County's cash receipts in the first year of.Culver's involvement were more than six times the amount received in any previous year from the former vendor. Given the program expansion that has occurred over the past year, we expect to do ever better this year. This is marked contrast to the efforts of the former vendor, whose advertising sales and commissions to Nassau County were static over the previous ten years. Good luck in your bid solicitation. please feel free to contact me it T can provide further information or assistance in drafting your contract. very truly yours, Michael Licitra Planner Supervisor E. d IT sr' 4 wa 11 t t t i ttr R c. t 4 i H ,,,,hi y ! 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I 4 � ���1 .i 1l". �I `f 41 W 3 �+�� (+s -;�=•.,.� `�na s �;; ;t f i Ii� 11 v rry ti\�„ 5�rtat' .%. 1' i :� �Y jj .�. x 1 Y I� � - � � ' 4 ;.i`fJ?' ��'ci• tJ-� �r�y� tr � 'i '1 ; � � & {� 1 � iR � t, Q�_.* Iv '��, �, �� a 4 ��i I• � 1' t, ^:il •_._l :� i� 1 3 I ttGd�1111I i' � �g�'�: j i . ,[t t�ii •. 5k. a Io i 3{ � �'" �I 1�� ii a"v i' I - �i�� r � >1��W � �a. - : 4 lo" :T>i�..� i \1 }i. t•�. <!i i'.k', 't ..+ 'M4 f,t "i � o- -- L7 `• ?� ;''„3j: !I 5 } r 51 , 5 i . / � � =+'�t7 eE n 1 .•s %tk '""1 F' , l; " �t ,e��� - . -: n i r'! �'�!* 1.� ;; ... ... 4S�r"^•; t'tr r :,, t s t '�+'.x�+: j 'w r' t.: � l ,� t x., sai - j -Ray ". �'T . ,� e .� i. :7, a.i. r� ,. 45 �.•.. _�>�1 [ .. r•i,L_1.,t49 .�._ z, `ti ,:'I,�1�Nu :. � � �+.:.� eta..[! t�, �t':" d� %a f&` CITY OF HUNTINCTON BEACH COUNCIL - ADMINISTRATOR COMMUNICATION HUNTINGTON BEACH To: Honorable Mayor and City Council Members From: Ray Silver, City Administrator GZnd Date: December 4, 1998 Subject: December 7, 1998 Agenda Item F-2, Bus Shelter/Bench Contract I am requesting that the City Council continue Item F-2 on the December 7, 1998 agenda to the December 21, 1998 City Council meeting, and authorize a 4:30 p.m. Study Session on December 21, 1998. The purpose of the Study Session is to allow each of the three vendors who responded to the City's request for proposals for bus shelter/bench services (Eller Media Company, Culver Associates and Coast United Advertising) a 15-minute presentation of their proposal to the City Council. Each presentation will be followed by a brief question and answer period. Due to the length of the proposed contract (10 years), and its potential to bring significant revenues to the City, I believe it is important for the City Council to have an opportunity to hear directly from each proposed vendor prior to awarding the contract. Cc: Dan Villella, Acting Director of Administrative Services Richard Barnard, Deputy City Administrator Robert Beardsley, Director of Public Works Shari Freidenrich, City Treasurer