HomeMy WebLinkAboutItem 24 - Bus Stops/Shelters and KiosksPublic Works Agency
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Item # 24
o`7, City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
January 18, 2022
TOPIC: Bus Stops/Shelters and Kiosks
AGENDA TITLE
Approve an Agreement with Focus Media Group Focus Media Group, Inc. to Install,
Repair, and Maintain Bus Stops/Shelters and Kiosks throughout the City, for a Ten -Year
Term
RECOMMENDED ACTION
Authorize the City Manager to execute an agreement with Focus Media Group, Inc. to
install, repair, and maintain bus stops/shelters and kiosks throughout the City, and to
share advertising revenue from bus stops/shelters and kiosks, for a ten-year period
beginning no later than February 17, 2022, and ending February 16, 2032, with an option
to extend for a period of five years, subject to non -substantive changes approved by the
City Manager and City Attorney.
DISCUSSION
Since 2001, the City's bus shelter advertising and maintenance has been provided by
Clear Channel Outdoor (previously known as Eller Media Company). The City intends to
expand the program to include the design, construction, maintenance, and management
of digital billboards along freeways and digital banners on City -owned property, in
combination with bus stop maintenance and advertising.
A Request for Proposal (RFP) for Design, Construction, Maintenance, and Management
of Digital Billboards and Management of Bus Shelters and Stops (Exhibit 1) was released
on November 12, 2020, and the City received four proposals. The RFP solicited proposals
from outdoor advertising companies that develop digital billboards and banners as well
as bus stop maintenance and advertising. However, after reviewing the proposals, it was
determined that it was in the best interest of the City to split the RFP components and
award the Management of Bus Shelters and Stops separately from the Design,
Construction, Maintenance, and Management of Digital Billboards. Of the four proposals
received, only two vendors submitted proposals for these services. The two proposals
were evaluated by a four -member committee and rated based on company and team
experience, understanding of need, schedule, references, and projected revenue. After
evaluating the proposals, the rankings are as follows:
Bus Stops / Shelters and Kiosks
January 18, 2022
Page 2
Firm
City
Rank
Focus Media Group
Fullerton
1
Clear Channel Outdoor
Torrance
2
Based on ranking and proposed advertising revenue sharing with the City, staff
recommends that Focus Media Group be awarded an agreement for bus stop
maintenance and advertising for a ten-year period with a five-year extension option, for a
potential total agreement term of fifteen years.
The agreement includes increased weekly maintenance of all bus stop furniture and
amenities consisting of three times per week per stop, with 30 hotspots as identified by
the City to receive maintenance five times per week, monthly steam cleaning at all bus
stops, painting of all green bus shelters within the first nine months, and periodic painting
of new black furniture and shelters (Exhibit 2).
As negotiated, the agreement will generate revenue over time, from advertising revenue
or the minimum annual guarantee of $124,560 (whichever is greater) less a $137,000
maintenance allowance. Revenues from this program are projected to begin in Year 3
and are expected to increase annually, thereafter.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
Revenues from this Bus Shelters/Stops and Kiosks Management agreement will be
generated over time, as advertising revenue streams are established. Accordingly, future
revenues will be budgeted in the General Fund Bus Shelter Fees revenue account (No.
01117002-51004) and appropriated in the General Fund Bus Shelter Program
expenditure account unit (No. 01117621).
EXHIBIT(S)
1. Request for Proposal #20-139
2. Agreement with Focus Media Group
Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency
Approved By: Kristine Ridge, City Manager
EXHIBIT 1
REQUEST FOR PROPOSALS
FOR
DESIGN, CONSTRUCTION, MAINTENANCE AND MANAGEMENT
OF DIGITAL BILLBOARDS AND MANAGEMENT OF BUS SHELTERS AND STOPS
RFP NO.: 20-139
CITY OF SANTA ANA
PUBLIC WORKS AGENCY
20 Civic Center Plaza
Santa Ana, CA 92701
Christy Kindig
Projects Manager
Office (714) 647-5088
ckindig@santa-ana.org
for Release:
KEY RFP DATES (Subiect to change at the discretion of the City):
Issue Date:
Letter of Intent:
Deadline for Requests for Information
Answers to Questions
Proposal Due Date:
Presentation/Interviews (optional):
Projected Award Date:
Christy Kindig
Projects Manager
Administrative Services Division
Thursday, November 12, 2020
Wednesday, November 25, 2020
Wednesday, December 9, 2020
Monday, December 21, 2020
Thursday, January 21, 2021; 2:00 p.m.
Week of February 8, 2021
Tuesday, March 16, 2021
NOTICE INVITING PROPOSALS
NOTICE IS HEREBY GIVEN that proposals will be received from qualified companies for the design,
construction, maintenance and management of digital billboards and digital banners and for the maintenance and
management of bus stops and bus shelters.
Responses to this Request for Proposals (RFP) will be accepted until Thursday, January 21, 2021 at 2:00 p.m.
Proposals received after this date/time will not be considered. It is the responsibility of the proposer to ensure that
any sent proposal has sufficient time to be received by the City of Santa Ana prior to this proposal due date and
time.
Proposals shall be enclosed in a sealed envelope and marked clearly with the following information, formatted as
follows:
"SEALED PROPOSAL FOR
RFP NO.20-139
DESIGN, CONSTRUCTION, MAINTENANCE AND MANAGEMENT
OF DIGITAL BILLBOARDS AND MANAGEMENT OF BUS SHELTERS AND STOPS
IN THE CITY OF SANTA ANA
DO NOT OPEN WITH REGULAR MAIL."
City of Santa Ana
Attn.: Christy Kindig
Public Works Agency
20 Civic Center Plaza; 4th Floor Reception, Ross Annex
Santa Ana, CA 92701
Proposals shall be mailed, hand delivered, or sent by courier service.
Proposals shall NOT be sent via telegraphic, electronic, or facsimile.
All notifications, updates and addenda will be posted on the City's RFP Bid page at www.santa-ana.org/bids-rfps.
Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation. Failure to
respond to required updates may result in a determination of a nonresponsive proposal.
LETTER OF INTENT: Interested companies shall submit a Letter of Intent of their pending proposal to the noted
Project Manager by the required date as shown on the cover page of this RFP. Letters shall be forwarded via email
or certified mail.
TABLE OF CONTENTS
I. GENERAL.......................................................................................................................................................................... 5
II. PROPOSAL TERMS AND CONDITIONS.....................................................................................................................8
A. EXAMINATION................................................................................................................................................... 8
B. EXECUTION OF AGREEMENT......................................................................................................................... 8
C. PROPOSAL VALIDITY....................................................................................................................................... 8
D. PRE -CONTRACTUAL EXPENSES.....................................................................................................................8
E. JOINT OFFERS/SUBCONTRACTRORS............................................................................................................8
III. PERPETUALS TO PROPOSERS....................................................................................................................................9
A.
CITY RESPONSIBILITIES..................................................................................................................................
9
B.
PROPOSER RESPONSIBILITIES........................................................................................................................
9
C.
REQUEST FOR INFORMATION OR CLARIFICATION..................................................................................
9
D.
ADDENDA............................................................................................................................................................9
E.
LICENSES & PERMITS.......................................................................................................................................9
F.
INSURANCE.......................................................................................................................................................10
G.
ESTABLISHMENT OF BOND PAYMENT INFORMATION PACKET.........................................................10
H.
PRE -PROPOSAL MEETING..............................................................................................................................10
I.
CITY RIGHT TO REJECT..................................................................................................................................10
J.
PROTESTS..........................................................................................................................................................10
IV. SUBMITTAL REQUIREMENTS..................................................................................................................................
I I
A. GENERAL
...........................................................................................................................................................
I I
1.
NUMBER OF COPIES AND SIGNATURE........................................................................................11
2.
DEADLINE...........................................................................................................................................11
B. PROPOSAL
CONTENTS....................................................................................................................................
I I
1.
COVER LETTER..................................................................................................................................11
2.
TABLE OF CONTENT.........................................................................................................................12
3.
EXECUTIVE SUMMARY...................................................................................................................12
4.
COMPANY AND TEAM EXPERIENCE............................................................................................12
5.
STATEMENT OF QUALIFICATIONS................................................................................................12
6.
COMPANY IDENTIFICATION AND EXPERIENCE........................................................................12
7.
REFERENCES......................................................................................................................................13
8.
PROJECT UNDERSTANDING............................................................................................................13
9.
DEVELOPMENT PROPOSAL.............................................................................................................13
10.
PROPOSED DEVELOPMENT SCHEDULE.......................................................................................14
11.
BUSINESS PROPOSAL AND FINANCIAL PLAN............................................................................14
12.
CERTIFICATIONS...............................................................................................................................17
V. PROPOSAL REVIEW (SELECTION OF PROPOSER).............................................................................................17
A. EVALUATION AND RATING..........................................................................................................................17
B. SELECTION........................................................................................................................................................17
VI. AWARD OF AGREEMENT...........................................................................................................................................17
A. REQUEST FOR COUNCIL ACTION................................................................................................................17
B. EXECUTION OF AGREEMENT.......................................................................................................................17
VII. IMPLEMENTATION......................................................................................................................................................18
A. KICK-OFF MEETING........................................................................................................................................18
B. NOTICE TO PROCEED......................................................................................................................................18
VIII. PUBLIC RECORDS........................................................................................................................................................18
APPENDIX
ATTACHMENT 1: SCOPE OF WORK
ATTACHMENT 2: STANDARD AGREEMENT
ATTACHMENT 3: PROPOSED BUS SHELTER DESIGN
ATTACHMENT 4: CERTIFICATIONS
ATTACHMENT 5: POTENTIAL SITES FOR DIGITAL BILLBOARDS
ATTACHMENT 6: LOCATION OF BUS STOPS AND BUS SHELTERS
I. GENERAL
The City of Santa Ana ("Santa Ana" or "City") is the county seat and second most populous city in
Orange County, California. The United States Census Bureau estimated its 2011 population at
329,427, making Santa Ana the 57th most -populous city in the United States.
Santa Ana is located in Southern California, adjacent to the Santa Ana River, about 10 miles away
from the California coast. Founded in 1869, the city is part of the Greater Los Angeles Area, the second
largest metropolitan area in the United States with almost 18 million residents in 2010.
Santa Ana is a very densely populated city, ranking fourth nationally in that regard among cities of
over 300,000 residents (trailing only New York City, San Francisco, and Boston). In 2011 Forbes
ranked Santa Ana the fourth safest city of over 250,000 residents in the United States.
Santa Ana is interested in generating new revenue from City -owned land parcels for the installation
and operation of two-sided digital billboards along freeways and digital banners on City streets by an
outdoor advertising company. The parcels are located along three freeways, namely, the Santa Ana (I-
5) Freeway; the Garden Grove (SR-22) Freeway; and the Costa Mesa (SR-55) Freeway. In addition to
billboards and banners, Santa Ana is requesting that the selected outdoor advertising company provide
continuous maintenance service and advertising at City bus shelters.
This Request for Proposals (RFP) is to solicit offers from outdoor advertising companies that develop
billboards and banners to work with the City on new digital billboards and digital banners, to maintain
bus stops, bus shelters and advertising panels and all associated furniture and to share with the City
the profit from advertisements on billboards, banners and panels.
Objective
Through this RFP, the City aims to identify a partner for the design, construction, maintenance, and
management of digital billboards along freeways and digital banners within the City to benefit the
community in many ways. The city can run Public Service Announcements, such as AMBERTM Alerts,
FBI bulletins, severe weather warnings and emergency response programs. Smaller local businesses
can use this powerful advertising medium because a digital board offers more advertising spots. In
addition, advertisement will have a financial impact and will bring additional revenue to the City.
Moreover, the City envisions, upgrading some of the existing bus shelters and bus stops and adding
new ones to not only provide shade, safety and comfort to transit riders and pedestrians but to also
improve the quality of life, for those who live and work in and visit the City, by delivering these
services through thoughtful, efficient design and implementation. At the core of that vision is to
expand the use of transit, active transportation, and shared mobility as well as to foster economic
growth that helps strengthen neighborhoods.
This is in line with the Santa Ana vision to create a street furniture program that serves as a focal point
to shared mobility facilities and provides directions and suggestions through wayfinding and
interactive information and promotes commerce through digital and interactive advertising. The use
of emerging technology, especially digital, wireless and 5G that can be supported by or work
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collaboratively with street furniture will be an important aspect of this RFP and the proposers are
encouraged to address that in their proposals.
Nature of Work:
The City is seeking a qualified outdoor advertising company (Company) to design, construct, maintain
and operate digital billboards at locations adjacent to freeways and digital banners within the City.
The RPF also includes the requirement for the preparation of a preliminary feasibility study to
determine the optimal number of locations along freeways (I-5, SR-22 and SR-55) and City streets for
billboards and banners, respectively, and the projected annual revenue from all advertisement on
billboards, banners and panels (at bus shelters and bus stops). In addition to billboards at freeway and
banners at street locations, the City is requesting that the outdoor advertisement company provide
continuous maintenance and advertisement services at bus shelters and bus stops. A detailed Scope of
Work is included in ATTACHMENT 1: SCOPE OF WORK in the Appendix of this RFP.
Number of Proposals and Signature:
The submittal shall include four (4) bound hard copies, one (1) unbound hard copy and one (1) digital
file on a labeled USB Flash Drive (or equivalent). One of the hard copies shall be marked as
"ORIGINAL" and shall be signed by a company official with the power to bind the company and
submitted to the City of Santa Ana.
Proposal Evaluation and Rating:
The criteria for evaluating the proposals will take the following items into consideration:
• Company/Team Experience 25%
• Understanding of Need 25%
• Schedule 10%
• References 10%
• Projected Revenue 30%
The City has established a proposal review committee to evaluate the proposals based on the response
to the RFP, which includes adherence to outlined directions and format, and the City evaluation criteria
set forth above. A final score will be calculated for each submitted proposal and used to rank the
proposals.
Prevailing Wages:
In accordance with the California State Labor Code, prevailing wage rates apply. Copies of the
prevailing rate of per diem wages are on file with the Public Works Agency and shall be made available
to any interested party on request.
Term of Contract Agreement:
The term of the exclusive agreement shall be for twenty-five (25) years with the possibility for up to
two five (5) year extensions or as agreed on during the contract negotiations.
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Additional terms of agreement are outlined in the Standard Agreement, as contained in
ATTACHMENT 5: in the Appendix of this RFP. In addition to the Standard Agreement, to be
considered, the Company must meet the following minimum requirements applicable to digital
billboards, digital banners, bus shelters and bus stops.
The Company shall pay City twenty-five (25%) of the advertising revenue realized from all signs
associated with the digital billboards, digital banners and bus shelter panels developed pursuant to an
agreement between the Company and City. The City is willing to negotiate the above -stated percentage
of the advertising gross revenue if other substantial benefits to the City and community are presented.
Company shall make the signs and banners available for up to 10% of the advertising time for public
service messaging, at no cost to City, spread over each operational day. Company shall allow the City
or other designated authorities to preempt digital advertisements with emergency alerts or information
at no cost.
The Company shall also offer a 50% discount during 20% of the advertising time spread over each
operational day for local businesses wishing to advertise their products and services on the City
banners. This discount does not apply to freeway billboards.
The Company shall, at least four (4) times per year, for at least twenty-eight (28) calendar days each
time, display at least one (1 ) public service announcement in lieu of paid advertising in up to sixteen
(16) bus shelters identified by the City or 10% of the total number of bus shelters under the agreement.
In addition, the Company must meet the following minimum requirements applicable to digital
billboards and digital banners as well as to bus shelters and bus stops.
a. Digital Billboards and Digital Banners
Company shall include a "City of Santa Ana" identification sign on each side of the sign structure in
a form approved by the City, which must also be maintained for the term of the agreement.
The proposed digital billboards and digital banners shall continue to be maintained and upgraded to
the most current technology throughout the term of the agreement. In addition, a schedule shall be
included for the replacement of the proposed digital billboards and digital banners.
b. Bus Shelters and Bus Stops
The City reserves the right to install additional bus shelters and furniture as funding becomes available.
New shelters with advertisement panels will be added to the inventory of bus shelters and they would
be subject to the terms of the agreement. A detailed design for the proposed shelters is included as
ATTACHMENT 1: SCOPE OF WORK in the Appendix of this RFP.
Whenever a reference is made to bus shelters or bus stops throughout this REP document, it should
be understood that all of the associated furniture items listed below could be included:
• Benches
• Trash receptacles
• Ad panels
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• Free standing kiosks
• Outdoor advertising displays, both static and digital
Furthermore, the same original contractual terms entered between the City and the Company would
apply to the additional new bus shelters. The City expects the Company to determine the anticipated
financial impact and additional income revenue from new or replaced bus shelters.
The Company shall arrange, at its own cost and expense, for production, service, and installation of
the public service announcements upon consultation with the City. The City shall be entitled to specify
certain public service messages to be displayed and shall approve all public service messages.
II. PROPOSAL TERMS AND CONDITIONS
By submitting a Proposal, the Proposer acknowledges that it has thoroughly examined and accepts the
Terms and Conditions of this RFP as described below:
A. EXAMINATION
Proposer represents that it has thoroughly examined and become familiar with the services and
responsibilities required in this RFP and that it is capable of effectively and efficiently performing
quality work to achieve the City's objectives. Any attachments referenced herein, or any
interpretations, clarifications or amendments subsequently posted in relation to this RFP are fully
incorporated.
B. EXECUTION OF AGREEMENT
The City and the Company will enter into an Agreement similar to that included in
ATTACHMENT 5: in the Appendix of this RFP. If a Company is unwilling or unable to execute
an Agreement within thirty (30) days after being notified of selection under this RFP, the City
reserves the right to select the next most qualified Company or call for new Proposals, whichever
the City deems most appropriate.
C. PROPOSAL VALIDITY
Services, pricing and warranties indicated in a respondent's Proposal must be valid for a period of
120 days after the submission of the Proposal.
D. PRE -CONTRACTUAL EXPENSES
The City of Santa Ana shall not, in any event, be liable for any pre -contractual expenses incurred
by Proposers in the proposal preparation.
E. JOINT OFFERS/SUBCONTRACTRORS
Where two or more Proposers desire to submit a single Proposal in response to this RFP, they
should do so on a prime sub -consultant basis. The City intends to contract with only one single
Company and not with multiple companies doing business as a joint venture. All sub -contractors
are subject to approval by the City. Should the use of sub -contractors be offered, the Proposer shall
provide the same assurances of competence for the sub-contractor(s) plus the demonstrated ability
to manage and supervise the subcontracted work. Sub -contractors shall not be allowed to further
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subcontract with others for work under the Agreement. The provisions of the Agreement shall
apply to all sub -contractors in the same manner as they do for the Company.
III. PERPETUALS TO PROPOSERS
A. CITY RESPONSIBILITIES
The City will provide information in its possession relevant to the preparation of required
information in the RFP. The City will provide only the staff assistance and documentation
specifically referred to herein.
B. PROPOSER RESPONSIBILITIES
Point of Contact: The Proposer shall assume responsibility for all services in its proposal. The
Proposer shall identify a sole point of contact with the greatest knowledge regarding the required
service operations and contractual matters, including payment of any and all charges resulting from
the Agreement.
Evidence of Financial Capacity: Proposer may be requested to submit its most recent audited
financial statement, evidencing Proposer's financial capacity to fully perform the required
services, including provision of equipment and personnel expenses over a ninety (90) day period.
If said financial statement does not reflect full ninety (90) day operational capacity, Proposer may
include a letter of credit as evidence of supplemental capacity.
C. REQUEST FOR INFORMATION OR CLARIFICATION
All questions or requested clarifications shall be made in writing within PlanetBids to the Project
Manager (contact information as noted on the cover page to this RFP) by or before the "Deadline
for Requests for Information" date noted on the cover page of this RFP. No verbal requests or
responses will be accepted. All interpretations or clarifications will be addressed via addenda to
this RFP, as indicated below in SUB -SECTION III.D "ADDENDA".
D. ADDENDA
Any changes in the RFP from the date of release to date of submittal will result in an addendum
or amendment. Notification of such addendum or amendment shall be posted on PlanetBids as
they become available.
E. LICENSES & PERMITS
The Company shall be required to obtain a City of Santa Ana Business license within ten (10)
business days of selection and must provide a copy to the City Project Manager or designee prior
to commencing any work in Santa Ana.
Additionally, Company will be responsible for obtaining any licenses/permits required by the
Scope of Work. For new billboards, Proposers should be aware of the City permitting and approval
requirements. New digital billboards projects require the following:
Approval of the Development Project Plan by the Director of Planning and Building
Agency, and
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• Approval of an Operating Agreement by the City Manager.
F. INSURANCE
The Company shall provide the required evidence of insurance coverage as set forth in the standard
agreement within ten (10) business days after receipt of notice of award.
G. ESTABLISHMENT OF BOND PAYMENT INFORMATION PACKET
The Company shall establish a bond in the sum of $1,000,000 within forty-five (45) days after the
effective date of entering into an agreement with the City. This is to insure faithful performance
of the Company's covenants for the construction, maintenance and repair of the digital billboards
and digital banners, for the maintenance and repair of the bus shelters and bus stops, and for the
timely payment of all revenues due to the City under the agreement between the Company and the
City.
The bond shall be in a form acceptable to the City Attorney and issued by a company licensed to
do business in the State of California. The bond shall be maintained throughout the term of the
agreement between the Company and the City. The Company shall restore to the bond any amount
the City withdraws as liquidated damages, within thirty (30) days after the City withdraws the
funds.
H. PRE -PROPOSAL MEETING
There will be no pre -proposal meeting in connection with this RFP.
I. CITY RIGHT TO REJECT
The City reserves the right to reject any or all proposals submitted, and no representation is made
hereby that any agreement will be awarded pursuant to this RFP or otherwise.
The City reserves the right to accept or reject the combined or separate components of the proposal
in part or in its entirety or to waive any minor inconsistency, informality, or technical defect in the
proposal.
The City reserves the right to reject and approve any and all subcontractors. All subcontractor(s)
shall be identified in the response to the REP. Subcontractors shall be the responsibility of the
successful Proposer and the City shall assume no liability of such subcontractors.
J. PROTESTS
Proposers with concerns or rebuttal of any staff determination of non -responsiveness or non -
instruction may submit, in writing within five (5) business days, to the Project Manager, any
concerns regarding the RFP process or staff determination. Such writing shall be considered by
the City Manager or his designated representative and may be acted upon within five (5) business
days. If no action is taken within such time, there shall be no change to the staff determination.
The exercise by Proposer of its right to submit written concerns shall be a condition precedent to
seeking judicial review of any award of a contract hereunder.
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IV. SUBMITTAL REQUIREMENTS
A. GENERAL
1. NUMBER OF COPIES AND SIGNATURE
Refer to SECTION I "GENERAL" above.
2. DEADLINE
Proposals are due to the City of Santa Ana, at the date, time, and location set forth above in the
Notice Inviting Proposals.
B. PROPOSAL CONTENTS
A responsive proposal shall contain the following documentation:
1. Cover Letter
2. Table of Contents
3. Executive Summary
4. Company Information
5. Statement of Qualifications
6. Company Identification and Experience
7. References
8. Project Understanding
9. Development Proposal
10. Proposed Development Schedule
11. Business Proposal and Financial Plan
12. Certifications
Font size shall be minimum 11-point Arial. Proposal exhibits shall be maximum I I" x 17"
1. COVER LETTER
A cover letter serves as an introduction of the Company and a brief summary of the Company's
capabilities in outdoor advertising. In the cover letter, the Proposer should also highlight the
reasons the City should select it for the design, construction, maintenance and management of
its digital billboards and banners and the management of its bus shelters and bus stops.
The cover -letter shall include a statement outlining concurrence or concerns with any and all
provisions as contained in the Standard Agreement attached as ATTACHMENT 2:
STANDARD AGREEMENT in the Appendix of this RFP and shall be signed by a principal
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or authorized representative who can make legally binding commitments for the entity.
2. TABLE OF CONTENT
The format of the table of content should be straight forward, with each section followed by a
page number.
3. EXECUTIVE SUMMARY
This section should be limited to a brief narrative highlighting the Company's proposal. The
summary should be free of technical language and should illustrate the benefits and
possibilities offered by the Proposer. It should be between one (1) and five (5) pages long.
There should be no mention of the projected revenue in this section.
4. COMPANY AND TEAM EXPERIENCE
Proposal shall include a profile of the company's experience. Resumes of project team/sub-
contractors that outline their technical and design experience should be included. At a
minimum, this should include the project manager/principal agent, associates in charge when
project manager/principal agent is unavailable, key personnel, firm size, and an organization
chart identifying only those who will perform work for the proposed project and the percentage
of each individual's time devoted to this project. The project manager/principal agent shall be
the primary contact person to represent the company.
Proposers must provide the following information about their company that demonstrates its
stability and ability to support the commitments set forth in the RFP. Proposers should outline
the company's background, including:
a. How long the company has been in business.
b. A brief description of the company size and organization.
c. Number of customers in California.
d. Total number of customers.
e. Company organizational chart.
f. Financial data, including the most recent audited financial statements (MARKED
"CONFIDENTIAL").
5. STATEMENT OF QUALIFICATIONS
The Statement of Qualifications shall be limited to a MAXIMUM of (10) DOUBLE -SIDED
PAGES (excluding front and back covers, section dividers and attachments such as resumes,
forms).
6. COMPANY IDENTIFICATION AND EXPERIENCE
a. The name, address, and telephone numbers of the Company, along with resumes and a
description of background experience of each person with whom the City must
communicate.
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b. The type of legal entity with which the City would contract (e.g., individual, corporation,
partnership, joint venture, limited -liability company).
c. Documentation demonstrating that the Company is qualified to undertake the proposed
project, including but not limited to the following:
d. Overall experience with large, multi -site, digital -billboard development
e. Experience with public/private development, including references of public partners
f. Access to financial resources consistent with project requirements
g. A track record of superior design
h. The identity of the principal person within the Company who is authorized to negotiate on
its behalf (the "Key Negotiator") and the authority the Key Negotiator possesses should be
provided. If the Key Negotiator has limited authority, the process required to obtain
authorization should be described. The Key Negotiator's resume must indicate that he or she
is qualified to serve as Key Negotiator, with success in negotiating public/private
partnerships and developing the type of development being proposed (include references
that can validate the Key Negotiator's role in the prior projects).
7. REFERENCES
Proposal shall include references for three public entities for which Proposer has performed
similar work within the past five (5) years. Proposer shall provide references for a minimum
of five (5) completed government installations that use the proposed system in a comparable
environment. Where possible, at least one such reference should be in the state of California.
The information should include municipality name, address, contact name, telephone number,
date of installation, and a list of applications.
Proposal shall include a list of relevant projects which the Company or personnel have
completed within the last five (5) years, including significant work with public agencies.
Project information should include project description, contract value, year completed, client
name, along with a person to contact and their telephone number.
8. PROJECT UNDERSTANDING
Proposal shall include an outline which demonstrates understanding of the scope of work. This
outline should include anticipated approach, tasks necessary for successful completion, and
suggestions or special concerns that the City should be made aware of.
9. DEVELOPMENT PROPOSAL
Proposer must submit Proposal for all locations where a digital billboard and a digital banner
are feasible and financially profitable. For freeway locations that are not feasible or financially
profitable, the Proposer must state the reason(s) such as physical limitations, low return on
investment, etc., for not selecting them. For each of the selected locations, Proposer must
submit the following:
a. A description of the proposed digital billboard and digital banner project, including
identification of sites and anticipated installation schedule.
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b. The individual digital billboard and digital banner designs, with sufficient detail
to illustrate the scale, size, and mix of design elements. At a minimum, the
following design information shall be included in schematic form:
• Site Plan
• Elevations
• High -resolution graphic renderings
• Animation or video of installation with same quality, technology and scale
c. Information pertaining to each proposed digital billboard and digital banner in
sufficient detail to verify conformance with the specifications and requirements
outlined in this RFP.
Proposal shall include a Scope of Services which details the work phases to be completed, the
tasks to be accomplished and the deliverables to be provided. Scope of Services shall be
incorporated into the schedule to complete the project based on the requested Scope of Work
as detailed in ATTACHMENT 1: SCOPE OF WORK in the Appendix of this RFP.
10. PROPOSED DEVELOPMENT SCHEDULE
A preliminary schedule shall be submitted for the development of the proposed digital
billboards and digital banners that addresses, at a minimum, preparation of sealed foundation,
structural and design documents, projected approval dates, commencement and completion of
construction, and operation of the digital billboards and digital banners. The City expects that
construction of the digital billboards and digital banners will commence within six (6) months
of execution of the Agreement with the commissioning of operation within eighteen (18)
months. The schedule shall also include a timeline for the replacement of billboards and
banners.
The schedule shall include a written statement which provides information on current workload
and how this project would be accommodated.
11. BUSINESS PROPOSAL AND FINANCIAL PLAN
Proposer's projected revenue to City shall include the Company's best estimate of the revenue
from advertising and the City's portion of that revenue based on a 25% share of the Company's
estimated revenue. The revenue that the City can anticipate from contracting the services is
part of the evaluation criteria.
The bases and assumptions used to estimate the total projected gross revenue per year and over
twenty-five (25) years shall be presented as part of the proposal. In addition, the anticipated
number and location of the proposed digital billboards along the freeways as well as the
number and location of digital banners within the City shall be provided based on a preliminary
feasibility study. Similarly, the bases for the revenue from advertising at bus stops and bus
shelters shall be estimated.
The revenue from digital billboards, digital banners, bus stops and bus shelters shall be
presented as three (3) separate line items with the associated bases and assumptions used in
Page 14 of 20
the calculation of the revenue for each. In addition, the following tables shall be completed and
submitted as part of the Proposal to provide additional details.
Table 1. Justification for the Selection of Billboard Sites and Projected Advertising Revenue.
Potential Digital Billboard
Advantages and
Projected
Projected
Comments(3)
Locations
Disadvantages(')
Annual
Gross
Gross
Revenue
Revenue(�)
Over 25
Years
WELL 38 (SANTA ANA ZOO)
SANTA ANA WATER TOWER
SANTIAGO CREEK AT
BROADWAY
RIVERVIEW
LA VETA PARK
WELL 28 (SANTIAGO
ARCHERY RANGE), BACK TO
NATIVES, CROOKE
RESERVOIR
SA-7 AT RICHEY
WEST OF WARNER AT SR-55
FULLER LOT
NORTHWEST OF GRAND
AND I-5
WEST OF SANT ACLARA AT
1-5
SOUTHWEST OF MCFADDEN
AT SR-55
WEST OF ALTON AT SR-55
(1) The basis for the selection of the top revenue generating sites taking into account other considerations such as environmental and
esthetic impacts, assurance for the adherence to City requirements and compliance with all rules and regulations for electronic signs
adopted by the Federal Highway Administration, United States Department of Transportation and the California Department of
Transportation (Caltrans).
(2) Total gross revenue in US dollars from advertising as projected per year.
(3) Any additional justification for the selected sites and the increase in the annual gross revenue over twenty-five (25) years.
Page 15 of 20
Table 2. Justification for the Selection of City Banners Sites and Projected Advertising Revenue.
Proposed Location for
Basis for
Projected
Projected
CommentsM
Digital BannersM
Selection(2)
Annual Gross
Gross
RevenueM
Revenue
Over 25
Years
Location 1:
Location 2:
Location 3:
Location 4:
�l The City has envisioned the installation of up to four new digital banners within the City. However, if Company recommends adding
banners in addition to the four envisioned by the City, justifications must be presented.
(2) The basis for the selection of the top revenue generating sites taking into consideration other considerations such as environmental
and esthetic impacts, assurance for the adherence to City's requirements and compliance with all rules and regulations for electronic
signs adopted by the Federal Highway Administration and the United States Department of Transportation. Traffic studies are available
and can be provided upon request.
(3) Total gross revenue in US dollars from advertising as projected per year.
(4) Any additional justification for the selected sites, any potential concern from local associations for the proposed locations of the
digital banners and the increase in the annual gross revenue over twenty-five (25) years.
Table 3. Projected Advertising Revenue from Bus Shelters.
Projected Gross RevenueM
Comments(2)
Per Year
Over 25
Years
Per Bus
Shelter
Total gross revenue in US dollars from advertising as projected per year, over 25 years and per bus shelter.
(2) Any additional comments in support of the projected gross revenue from advertising.
Page 16 of 20
Proposer's best estimate of the projected revenue to City shall be submitted (along with the
completed three (3) tables presented above) concurrently with the technical proposal, but in a
separately sealed envelope, clearly labeled as "PROJECTED REVENUE". This shall include
the Proposer's best estimate of the revenue from advertising and the City's portion of that
revenue based on a 25% share of the advertisement projected revenue.
The bases and assumptions used to estimate the total revenue shall be presented as part of the
proposal. In addition, Proposer shall provide the recommended number and location of digital
billboards along the freeways as well as the number and location of digital banners within the
City. Similarly, the bases for the revenue from advertising at bus shelters shall be provided.
The proposal for the projected revenue to the City will be opened and reviewed following a
review of the proposal and independently of the rest of the proposal, and it will be weighted
per the percentage identified in SECTION I "General" above.
12. CERTIFICATIONS
The forms listed below and included in ATTACHMENT 4: CERTIFICATIONS in the
Appendix of this RFP, shall be signed and included as part of the proposal submittal package:
a. Non -Collusion Affidavit
b. Non -Lobbying Certification
c. Non -Discrimination Certification
V. PROPOSAL REVIEW (SELECTION OF PROPOSER)
A. EVALUATION AND RATING
Refer to SECTION I "GENERAL" above.
B. SELECTION
The committee may interview the top-ranking proposers. The City will recommend award of the
agreement to the Company that will provide the best quality and value to the City. City reserves
the right to begin negotiations and to enter into an agreement without interview or further
discussions.
VI. AWARD OF AGREEMENT
A. REQUEST FOR COUNCIL ACTION
Following evaluation and rating by the review committee, the Executive Director will recommend
award of an agreement to the proposer providing the best quality and value to the City.
B. EXECUTION OF AGREEMENT
A standard agreement is included as ATTACHMENT 5: in the Appendix of this RFP. "Proposer"
will hereinafter be referred to as "Company" in the standard agreement. The term of the agreement
Page 17 of 20
will begin after the agreement is fully executed, and all required bonds and insurance documents
have been received and approved.
VII. IMPLEMENTATION
A. KICK-OFF MEETING
A kick-off meeting will be held after award of contract. Company and its team will meet with City
of Santa Ana staff to conduct introductions, discuss scope of services, and implementation process.
B. NOTICE TO PROCEED
Following the kick-off meeting, a formal Notice to Proceed (NTP) may be issued after the
agreement is fully executed, and all insurance documents have been received and approved.
VIII. PUBLIC RECORDS
All responses to the RFP shall become the property of the City, and proposals will become public
record after award of agreement. Proposer information identified as proprietary information shall be
maintained confidential, to the extent allowed under the California Public Records Act.
Page 18 of 20
CITY OF SANTA ANA
RFP NO.: 20-139
DESIGN, CONSTRUCTION, MAINTENANCE AND MANAGEMENT
OF DIGITAL BILLBOARDS AND MANAGEMENT OF BUS SHELTERS AND STOPS
Appendix
ATTACHMENT 1: SCOPE OF WORK
CITY OF SANTA ANA
RFP NO.: 20-139
DESIGN, CONSTRUCTION, MAINTENANCE AND MANAGEMENT
OF DIGITAL BILLBOARDS AND MANAGEMENT OF BUS SHELTERS AND STOPS
SCOPE OF WORK
INTRODUCTION AND BACKGROUND
The City of Santa Ana ("City" or "Santa Ana") is interested in generating new revenue from City -owned
land parcels through the installation and operation of two-sided digital billboards along freeways and
two-sided digital banners within the City. The land parcels available for the billboards are located along
three freeways, namely, the Santa Ana (I-5) Freeway; the Garden Grove (SR-22) Freeway; and the Costa
Mesa (SR-55) Freeway. For digital banners, the City is envisioning the installation and operation of four
banners at four locations on major streets within Santa Ana. In addition to billboards and banners, the
City is requesting that the Company provide continuous bus stop and bus shelter maintenance service
and advertising to generate additional revenue.
The City of Santa Ana Planning and Building Agency is in the process of updating the City's current
Off -Premise Commercial Advertising Signs ("billboards") ordinance, last updated in 1987, to allow
digital billboard displays adjacent to I-5, SR-22 and SR-55. The goal of the ordinance is to eliminate
nonconforming billboards from the City, particularly in residential zones and other sensitive areas, allow
the reconstruction of existing static billboards to digital billboards, and allow the construction of new
digital billboards.
DESCRIPTION OF WORK
The work by the Company consists of the design, construction, maintenance and operation of digital
billboards at freeway locations and digital banners within the City. In addition, the work consists of providing
continuous bus shelter and bus stop maintenance service and advertising. Each of the three components of
the work will be addressed below in a dedicated section.
The City intends to contract with one company exclusively that specializes in outdoor advertising and not
with multiple firms doing business as a joint venture. Where two or more firms desire to submit a single
proposal in response to this RFP for work associated with the digital billboards, digital banners, bus shelters
and bus stops, they should do so on a prime sub -consultant basis.
1. Digital Billboards
a. Site Location
The City has identified thirteen (13) City -owned sites as potential locations for the proposed digital
billboards. A listing of the potential sites is included in ATTACHMENT 1: SCOPE OF WORKin the
Appendix of this RFP. The selected locations for the billboards should ensure optimum return on
investment and rapid results through an effective marketing strategy.
The Company will be responsible for the evaluation of all potential sites for the freeway digital billboard
locations. The evaluation and the determination shall not be limited to a determination of the sites with
maximal revenue generating potential based on visibility along the freeway and dwell time near the
Page 1 of 18
CITY OF SANTA ANA
RFP NO.: 20-139
DESIGN, CONSTRUCTION, MAINTENANCE AND MANAGEMENT
OF DIGITAL BILLBOARDS AND MANAGEMENT OF BUS SHELTERS AND STOPS
boards but shall also take into consideration environmental and esthetic impacts, assurance for the
adherence to City's requirements and compliance with all rules and regulations for electronic signs
adopted by the Federal Highway Administration, United States Department of Transportation and the
California Department of Transportation (Caltrans).
The Company will be responsible for the preparation of an Initial Study in association with the freeway
digital billboards and any subsequent environmental documentation, site selection, utility easements if
any, and any other encumbrance responsibilities. The City will determine the level of environmental
review required. The Company will be responsible for all costs associated with such review and
compliance, if any, including noticing costs, filing fees, staff costs, and consultant fees.
b. Specifications:
i. Current best available digital -billboard technologies are required, including but not
limited to the following:
• Remote diagnostic and maintenance capability
• "Amber Alert" capability
• Automatic brightness adjustment to ambient lighting conditions
• UL and IEC approved
• Color calibration to ensure consistent image quality
• Remote shutdown capability
• Screen sizes and pixel dimensions
• Unless otherwise specified in the proposal, it is assumed that each digital billboard
will be double -sided
ii. The City is in the process of writing an off -premises commercial advertising signs
ordinance. The requirements that are anticipated to be included in the ordinance are
presented below in sections c through h. In developing the proposal, the proposer
should take these requirements into consideration, as well as the requirements
generally encountered on similar projects.
iii. Construction and operation requirements:
• Regularly scheduled onsite maintenance
• Internal service access for safety and improved appearance (no visible catwalks)
• Constructed to comply with all applicable Caltrans codes
• Engineered foundation, anchoring mechanism, and support system
Page 2 of 18
CITY OF SANTA ANA
RFP NO.: 20-139
DESIGN, CONSTRUCTION, MAINTENANCE AND MANAGEMENT
OF DIGITAL BILLBOARDS AND MANAGEMENT OF BUS SHELTERS AND STOPS
iv. The Agreement will require the Company to maintain, repair, and upgrade the digital
billboards as needed to provide the best available digital -billboard technologies during
the term of the Agreement.
c. Application Requirements
Every application for the construction a new digital billboard will be filed with the written
consent of the City on forms required by the Planning Division and shall be, at a minimum,
accompanied by the following information:
i. A pictorial representation of, and other information about, the proposed digital billboard,
disclosing overall dimensions, dimensions of letters and figures, colors, materials, copy,
and illumination characteristics.
ii. A plan of the site on which the proposed digital billboard will be located, indicating the
precise location of the billboard, existing and proposed landscaping, other site
improvements, and proximity to the edge of pavement of an adjacent freeway.
iii. A vicinity map depicting the location of all existing and proposed billboards, any
landmarks as designated on the General Plan that are within one thousand (1,000) feet of
the proposed digital billboard, and the zoning designation of all sites within five hundred
(500) feet of the boundaries of the subject property.
iv. Photo simulations of all proposed digital billboards showing daytime and nighttime
conditions.
v. A three-dimensional (3D) massing study depicting proposed digital billboard. The 3D
study will include any existing buildings and advertising signs within one thousand
(1,000) feet of the proposed digital billboard.
vi. Such other information as the Executive Director of the Planning and Building Agency
deems appropriate to determine compliance with the provisions of the application
requirements.
d. Development Standards
The City has developed the following requirements for digital billboards:
i. All digital billboards shall comply with standards established by Caltrans that are in
effect at the time the permit is issued. Among other provisions, these standards may
prohibit the construction of digital billboards in landscaped areas and/or in zones where
residential uses are permitted, may limit the size and height of digital billboards and may
require separation between billboards.
ii. The development standards in Table 1 shall be applicable to all new billboards.
Page 3 of 18
CITY OF SANTA ANA
RFP NO.: 20-139
DESIGN, CONSTRUCTION, MAINTENANCE AND MANAGEMENT
OF DIGITAL BILLBOARDS AND MANAGEMENT OF BUS SHELTERS AND STOPS
Table 1 — Digital Billboard Development Standards
St
and
Maximum Sign Area/Face
As allowed by Caltrans
Maximum Number of Faces
Two (2)
Maximum Height
60 feet(')
Spacina Between Billboards
1,000 feet (2)
Number of Vertical Supports
One Vertical Support (3)
Notes:
1. Measured from nearest adjacent curb level on the site on which the sign is constructed.
2. The minimum separation between billboards shall be one thousand (1,000) feet or
standards established by the Caltrans in effect at the time the permit is issued,
whichever is greater.
3. Only one architecturally concealed vertical support.
e. Design Standards
The City has the following design requirements for digital billboards:
i. The words "Santa Ana" shall permanently appear on the billboard structure in a size large
enough to be visible to drivers using the freeway. The precise location, size and font of
the words shall be determined by the approval authority.
ii. All ground -mounted equipment shall be screened from view at street level. The entire
site occupied by the billboard shall be appropriately landscaped with groundcover and
shrubs to the satisfaction of the approval authority.
iii. Each billboard must be oriented primarily for viewing from the freeway and shall be
oriented, and adequately shielded if necessary, to prevent the trespass of light and glare
upon any residential land use, including those in mixed -use districts, as exists on the date
of building permit issuance.
iv. The billboard shall utilize an innovative billboard format, shall creatively use the latest
in technology to ensure digital image quality, and shall use innovative architectural
features and materials.
v. All billboards shall plainly display and be visible from no less than one hundred (100)
feet, the name of Company maintaining contact information for said Company, and the
billboard's identification number.
vi. Billboards projecting over a driveway or drive aisle shall have a minimum clearance of
sixteen (16) feet between the lowest point of the sign and the driveway grade.
vii. No part of any billboard shall cross onto an adjacent property.
Page 4 of 18
CITY OF SANTA ANA
RFP NO.: 20-139
DESIGN, CONSTRUCTION, MAINTENANCE AND MANAGEMENT
OF DIGITAL BILLBOARDS AND MANAGEMENT OF BUS SHELTERS AND STOPS
viii. Billboards projecting over a pedestrian walkway shall have a minimum clearance of
twelve (12) feet between the lowest point of the sign and the walkway grade.
ix. All billboards not projecting over drive areas or pedestrian walkways shall have a
minimum clearance of twelve (12) feet between the lowest point of the billboard and
ground level.
f. Lighting and Display Requirements
The following lighting and display requirements apply to the digital billboards:
i. Signs shall produce a maximum 0.3 foot-candles over ambient light levels.
ii. The display brightness shall be controlled by a photocell or light sensor that adjusts the
brightness to the required level based on ambient light conditions without the need for
human input. Use of other brightness adjustment methods, such as timer- or calendar -
based systems, shall only be used as a backup system.
iii. The display shall be factory -certified as capable of complying with the above brightness
standards. Such certification shall be provided to the satisfaction of the Executive
Director of the Planning and Building Agency, or his/her designee.
iv. The sign owner shall provide to the City, upon request, certification by or compensation
for an independent Company to verify that the brightness levels of the electronic
billboard are in compliance with the requirements of this Section.
v. All signs shall be equipped with a control system that, in the event of a display or control
malfunction, "freezes" the display on either a single, unchanging message, or a blank
screen.
vi. Any sign area not comprising the electronic display panel is prohibited. This area
includes, but is not limited to, static sign area, appendages, cutout letters, and figures. A
frame surrounding the display panel up to twelve (12) inches in width shall be permitted;
it shall not contain any sign copy or graphics and shall not count toward the sign area.
vii. Where screen transitions are used, such transitions shall not give the appearance of
moving text or images, and should use smooth effects, such as fades, rather than abrupt
transitions. The sign copy shall not use flashing, intermittent or moving lights or produce
the optical illusion of movement.
viii. Each sign copy shall be displayed for a minimum of four (4) seconds. The still images
may not move or present the appearance of motion and may not use flashing,
scintillating, blinking, or traveling lights or any other means not providing constant
illumination. Transition or blank screen time between one still image and the next may
not exceed one (1) second.
Page 5 of 18
CITY OF SANTA ANA
RFP NO.: 20-139
DESIGN, CONSTRUCTION, MAINTENANCE AND MANAGEMENT
OF DIGITAL BILLBOARDS AND MANAGEMENT OF BUS SHELTERS AND STOPS
ix. All digital billboards must comply with all applicable laws and regulations concerning
brightness, including, without limitation, California Vehicle Code Section 21466.5, and
as amended.
g. Prohibited Features
Digital billboards shall not contain any of the following features:
i. Moving parts.
ii. Appendages, cutout letters, or figures that protrude beyond the flat surface of the sign
face.
iii. Lights that flash, shimmer, glitter or give the appearance of flashing, shimmering or
glittering. Exceptions to this restriction include time, temperature and smog index
units.
iv. Walls or screens at the base of the sign which create a hazard to public safety or
provide an attractive nuisance.
V. Copy which simulates any traffic sign in a manner which confuses the public.
vi. Copy which duplicates any other content displayed on the sign.
vii. Devices which emit audible sound, or odor or particulate matter.
h. Maintenance and Monitoring
All digital billboards shall be equipped with immediate shut off functionality to
allow the sign to be disabled in the event of a malfunction. No person shall allow
any digital billboard located on property owned, occupied, or controlled by such
person to remain in a condition of disrepair for a period of more than fifteen (15)
days. A billboard shall be deemed to be in a condition of disrepair if it is in need of
replacement of defective or missing parts, has a broken or damaged sign face, or is
in need of repainting or cleaning in order to be brought into a reasonably slightly
and legible condition.
ii. All billboard operators shall submit a Lighting Monitoring Report to the Planning
Division upon installation, and at three-year intervals thereafter to confirm
conformance with the lighting requirements, herein.
iii. Complaints about lighting will be investigated by the City, and if determined
necessary by the Executive Director of the Planning and Building Agency, the
billboard operator shall provide an updated Lighting Monitoring Report within 72
hours of the notice from the City. The City shall reserve the right to conduct digital
Page 6 of 18
CITY OF SANTA ANA
RFP NO.: 20-139
DESIGN, CONSTRUCTION, MAINTENANCE AND MANAGEMENT
OF DIGITAL BILLBOARDS AND MANAGEMENT OF BUS SHELTERS AND STOPS
billboard lighting measurements. If the measured luminance and/or illuminance
exceed the data presented in operator's Lighting Monitoring Report, the findings of
the City report shall prevail. All costs shall be borne by the operator.
2. MOW Banners
a. Site Location
The City desires to install up to four (4) digital banners in selected locations within the City targeting
residents and local traffic. Company will be requested to select the locations for the installation of up to
four (4) eye-catching and attractive digital banners that provide responsive communication through the
display of messages in real time. Currently, there are no proposed sites within the City for new digital
banners. The locations selected by the Company for the banners should ensure optimum return on
investment and rapid results through an effective marketing strategy. The City will share any available
information that is pertinent for the selection of banner locations, including most recent traffic studies.
In selecting the locations for the street digital banners, the evaluation and the determination by the
Company shall not be limited to a determination of the sites with maximal revenue generating potential
based on visibility along City streets and dwell time near the banners but shall also take into consideration
environmental and esthetic impacts, assurance for the adherence to City's requirements and compliance
with all rules and regulations for electronic signs adopted by the Federal Highway Administration and
the United States Department of Transportation.
In addition, the Company shall take into consideration any input and address any concern from local
associations and special interest groups for the proposed locations of the digital banners and to work
cooperatively with local associations and special interest groups.
The Company will be responsible for the preparation of an Initial Study in association with the City
digital banners and any subsequent environmental documentation, site selection, utility easements if any,
and any other encumbrance responsibilities. The City will determine the level of environmental review
required. The Company will be responsible for all costs associated with such review and compliance, if
any, including noticing costs, filing fees, staff costs, and consultant fees.
b. Specifications:
i. Current best available digital -banner technologies are required, including but not
limited to the following:
• Remote diagnostic and maintenance capability
• "Amber Alert" capability
• Automatic brightness adjustment to ambient lighting conditions
• UL and IEC approved
Page 7 of 18
CITY OF SANTA ANA
RFP NO.: 20-139
DESIGN, CONSTRUCTION, MAINTENANCE AND MANAGEMENT
OF DIGITAL BILLBOARDS AND MANAGEMENT OF BUS SHELTERS AND STOPS
• Color calibration to ensure consistent image quality
• Remote shutdown capability
• Screen sizes and pixel dimensions
• Unless otherwise specified in the proposal, it is assumed that each digital banner
will be double -sided
ii. The City is in the process of writing an off -premises commercial advertising signs
ordinance. The requirements that are anticipated to be included in the ordinance are
presented below in sections c through h. In developing the proposal, the proposer
should take these requirements into consideration, as well as the requirements
generally encountered on similar projects.
iii. Construction and operation requirements:
• Regularly scheduled onsite maintenance
• Internal service access for safety and improved appearance (no visible catwalks)
• Constructed to comply with all applicable City codes
• Engineered foundation, anchoring mechanism, and support system
iv. The Agreement will require the Company to maintain, repair, and upgrade the digital
banners as needed to provide the best available digital banner technologies during the
term of the Agreement.
c. Application Requirements
Every application for the construction of a new digital banner will be filed with the written
consent of the City on forms required by the Planning Division and shall be, at a minimum,
accompanied by the following information:
i. A pictorial representation of, and other information about, the proposed digital banner,
disclosing overall dimensions, dimensions of letters and figures, colors, materials, copy,
and illumination characteristics.
ii. A plan of the site on which the proposed digital banner will be located, indicating the
precise location of the banner, existing and proposed landscaping, other site
improvements, and proximity to the edge of pavement of an adjacent freeway or
sidewalk.
iii. A vicinity map depicting the location of all proposed banners, any landmarks as
designated on the General Plan that are within one thousand (1,000) feet of the proposed
Page 8 of 18
CITY OF SANTA ANA
RFP NO.: 20-139
DESIGN, CONSTRUCTION, MAINTENANCE AND MANAGEMENT
OF DIGITAL BILLBOARDS AND MANAGEMENT OF BUS SHELTERS AND STOPS
digital banner, and the zoning designation of all sites within five hundred (500) feet of
the boundaries of the subject property.
iv. Photo simulations of all proposed digital banners showing daytime and nighttime
conditions.
v. A three-dimensional (313) massing study depicting proposed digital banner. The 3D
study will include any existing buildings and advertising signs within one thousand
(1,000) feet of the proposed digital banner.
vi. Such other information as the Executive Director of the Planning and Building Agency
deems appropriate to determine compliance with the provisions of the application
requirements.
d. Development Standards
The City has not developed standards for the development of digital banners and is relying on
the proposer to adhere to general development standards for digital banners.
e. Lighting and Display Requirements
The following lighting and display requirements apply to the digital banners:
i. Signs shall produce a maximum 0.3 foot-candles over ambient light levels.
ii. The display brightness shall be controlled by a photocell or light sensor that adjusts the
brightness to the required level based on ambient light conditions without the need for
human input. Use of other brightness adjustment methods, such as timer- or calendar -
based systems, shall only be used as a backup system.
iii. The display shall be factory -certified as capable of complying with the above brightness
standards. Such certification shall be provided to the satisfaction of the Executive
Director of the Planning and Building Agency, or his/her designee.
iv. The sign owner shall provide to the City, upon request, certification by or compensation
for an independent Company to verify that the brightness levels of the electronic banner
are in compliance with the requirements of this Section.
v. All signs shall be equipped with a control system that, in the event of a display or control
malfunction, "freezes" the display on either a single, unchanging message, or a blank
screen.
Page 9 of 18
CITY OF SANTA ANA
RFP NO.: 20-139
DESIGN, CONSTRUCTION, MAINTENANCE AND MANAGEMENT
OF DIGITAL BILLBOARDS AND MANAGEMENT OF BUS SHELTERS AND STOPS
vi. Any sign area not comprising the electronic display panel is prohibited. This area
includes, but is not limited to, static sign area, appendages, cutout letters, and figures. A
frame surrounding the display panel up to twelve (12) inches in width shall be permitted;
it shall not contain any sign copy or graphics and shall not count toward the sign area.
vii. Where screen transitions are used, such transitions shall not give the appearance of
moving text or images, and should use smooth effects, such as fades, rather than abrupt
transitions. The sign copy shall not use flashing, intermittent or moving lights or produce
the optical illusion of movement.
viii. Each sign copy shall be displayed for a minimum of four (4) seconds. The still images
may not move or present the appearance of motion and may not use flashing,
scintillating, blinking, or traveling lights or any other means not providing constant
illumination. Transition or blank screen time between one still image and the next may
not exceed one (1) second.
ix. All digital banners must comply with all applicable laws and regulations concerning
brightness, including, without limitation, California Vehicle Code Section 21466.5, and
as amended.
f. Prohibited Features
Digital banners shall not contain any of the following features:
i. Moving parts.
ii. Appendages, cutout letters, or figures that protrude beyond the flat surface of the sign
face.
iii. Lights that flash, shimmer, glitter or give the appearance of flashing, shimmering or
glittering. Exceptions to this restriction include time, temperature and smog index
units.
iv. Walls or screens at the base of the sign which create a hazard to public safety or
provide an attractive nuisance.
V. Copy which simulates any traffic sign in a manner which confuses the public.
vi. Copy which duplicates any other content displayed on the sign.
vii. Devices which emit audible sound, or odor or particulate matter.
Page 10 of 18
CITY OF SANTA ANA
RFP NO.: 20-139
DESIGN, CONSTRUCTION, MAINTENANCE AND MANAGEMENT
OF DIGITAL BILLBOARDS AND MANAGEMENT OF BUS SHELTERS AND STOPS
g. Maintenance and Monitoring
i. All digital banners shall be equipped with immediate shut off functionality to allow
the sign to be disabled in the event of a malfunction. No person shall allow any
digital banner located on property owned, occupied, or controlled by such person to
remain in a condition of disrepair for a period of more than fifteen (15) days. A
banner shall be deemed to be in a condition of disrepair if it is in need of replacement
of defective or missing parts, has a broken or damaged sign face, or is in need of
repainting or cleaning in order to be brought into a reasonably slightly and legible
condition.
ii. All banner operators shall submit a Lighting Monitoring Report to the Planning
Division upon installation, and at three-year intervals thereafter to confirm
conformance with the lighting requirements, herein.
iii. Complaints about lighting will be investigated by the City, and if determined
necessary by the Executive Director of the Planning and Building Agency, the banner
operator shall provide an updated Lighting Monitoring Report within 72 hours of the
notice from the City. The City shall reserve the right to conduct digital banner lighting
measurements. If the measured luminance and/or illuminance exceed the data
presented in operator's Lighting Monitoring Report, the Endings of the City report
shall prevail. All costs shall be borne by the Company.
3. Bus Shelters and Bus Stops
In addition to the design, construction, maintenance and operation of digital billboards at freeway
locations and digital banners within the City, the scope of work includes advertising at bus shelters
and the operation, maintenance, cleaning of bus shelters and bus stops located within the
boundaries of the City of Santa Ana.
The Company will be responsible for repairing and maintaining existing bus shelters, bus stops
and all associated furniture. A design of the proposed shelter with all components, including the
advertisement panel, is included in ATTACHMENT 3: PROPOSED BUS SHELTER DESIGN in
the Appendix of this RFP.
The installation of City -supplied new bus shelter and bus stop furniture shall be the responsibility
of the Company from the day the Agreement goes into effect.
Currently, the City has 119 advertising bus shelters, 42 non -advertising bus shelters and 496 non -
advertising bus stops, with at least one associated trash container at each shelter or bench. Some
of the bus stops have only a trash container. A detailed inventory of the current bus stops and bus
shelters is included in ATTACHMENT 1: SCOPE OF WORK in the Appendix of this RFP. The goal
of the City is to provide at least one shelter or one bench at each Orange County Transportation
Authority (OCTA) bus stop in the City. The inventory could change and may not be exactly the same
at the time of the Agreement. The inventory should be field verified prior to the signing of the
Agreement.
Page 11 of 18
CITY OF SANTA ANA
RFP NO.: 20-139
DESIGN, CONSTRUCTION, MAINTENANCE AND MANAGEMENT
OF DIGITAL BILLBOARDS AND MANAGEMENT OF BUS SHELTERS AND STOPS
From the 161 shelters, 119 are old and 42 are new. The old shelters will be replaced by the City
when funds become available and the Company will be responsible for their maintenance, repair
and operation. The installation of any shelters in addition to the current 161 shelters will be the
responsibility of the Company and their advertising, maintenance, repair, and operation will be the
responsibility of the Company.
In its design of bus stop and bus shelter program elements, the City's focus has been and remains
on the fundamentals, namely, shelter, shade, safety, and comfort. The City believes that thoughtful
design can respond to needs and provide multiple benefits for all those who share the sidewalks in
the City of Santa Ana. Design should be scalable considering site -specific space constraints and
varying levels of transit ridership. The installation of any device by Company without City's prior
approval is forbidden.
The Company should address the latest state-of-the-art amenities and the feasibility of
implementing them at the City's bus shelters and bus stops in their proposal. Furthermore, the
Company shall be responsible for all necessary coordination with OCTA to obtain any required
approvals by OCTA for the location of shelters and benches. Company will be responsible for
obtaining all electrical service permits from Southern California Edison (SCE) and for all metered
electrical charges.
a. Design Standards
i. The Company shall conform to and abide by all City and Orange County
ordinances, OCTA bus stop standards (including the (2004) Bus Stop Safety and
Design Guidelines) and all applicable state and federal laws (including the
requirements in the (2007) Caltrans's Bus Rapid Transit Handbook for
Partners). Where permits and/or licenses are required, it is the responsibility
of the Company to first obtain them from the regulatory agency having
jurisdiction.
ii. The Company shall permanently affix in a conspicuous area on each shelter
and/or bench an owner identification tag which includes the Company's business
name and 24-hour service telephone number.
iii. The Company shall conform to and abide by all applicable City regulations.
iv. Company shall employ or subcontract, for services, adequate personnel to
competently and timely meet all agreed on obligations. If the City determines,
at any time that the conduct of an employee or representative of the Company
or an authorized and approved subcontractor of the Company, while in
performance of its obligations, in the reasonable belief of the City, detrimental
to the interest of the City or the public, the City shall give written notice
thereof to the Company. Following the City's written notice therefor, the
Company shall take all reasonable actions necessary to correct such conduct
and prevent it from occurring in the future including, but not limited to
terminating such employee's work assignment within the City of Santa Ana.
Page 12 of 18
CITY OF SANTA ANA
RFP NO.: 20-139
DESIGN, CONSTRUCTION, MAINTENANCE AND MANAGEMENT
OF DIGITAL BILLBOARDS AND MANAGEMENT OF BUS SHELTERS AND STOPS
b. Advertising Standards
Bus shelter advertising shall be limited to one two-sided, back to back, backlit ad panel per
shelter. Alternative advertising panel designs as required on a site by -site basis will require
prior approval by the City. Any proposed advertising to be located on the shelter ad panels
shall not:
i. Display the words "STOP", "DRIVE-IN", "DANGER", or any other word,
phrase, symbol or character which may interfere with, mislead, confuse, or
direct vehicular traffic.
ii. Be comprised of rotating, revolving, or flashing lighting devises.
iii. Promotes material which the City in its sole discretion deems offensive to
community standards of good taste.
iv. Promotes alcohol, cannabis and/or tobacco products of any kind within 1,000
feet of any school.
v. Contains "off -site business identification signs" or "political advertisements".
For the purpose of this Agreement, "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.
The City will make the final determination on unacceptable advertising. In the event that
an advertisement is determined to be unacceptable, he Company agrees to remove said
advertisement within twenty -hour (24) hours of official notification, which may be made
by telephone, thereafter said telephonic notice shall be confirmed in writing by U.S.
Mail and/or facsimile.
c. Site Relocation
In the event that a bus route or stop is altered or deleted such that any bus shelter will
no longer serve as an active bus stop location, the Company shall, within thirty (30)
days after notification from the City, relocate the bus shelter and appurtenances to a new
location designated by the City. The vacated location shall be restored to its original
condition, including complete replacement of the affected sidewalk sections, within that
same time period by the Company at its own cost and expense.
In the event the City constructs or causes to be constructed a new facility or roadway
improvement impacting a bus shelter or advertising thereon, this agreement between the
City and the Company will continue in full force and effect. The Company shall cooperate
with the City in the event the construction affects the shelter by vacating, removing, and
reinstalling the shelter at its own cost and expense for such period as required by the
construction of the new facilities. Upon completion of the new facility, the Company
shall resume its operations within thirty (30) days.
Page 13 of 18
CITY OF SANTA ANA
RFP NO.: 20-139
DESIGN, CONSTRUCTION, MAINTENANCE AND MANAGEMENT
OF DIGITAL BILLBOARDS AND MANAGEMENT OF BUS SHELTERS AND STOPS
d. Cleaning
Company shall be responsible for performing the following cleaning activities:
i. Removal and disposal of all trash in each trash receptacle, and in the vicinity of each Site
Area, and the replacement of trash bags in each trash receptacle at each location. The
Company shall remove, three (3) times per week, all debris, trash, refuse, and other
associated undesirable items from the area within twenty (20) feet from all directions of
the bus shelter or bus stop and dispose of such legally and properly, to the City's
satisfaction, at the Company's expense, and if needed, wash down the affected area to
eliminate any remaining residue.
ii. Approximately thirty (30) sites require daily cleaning. The sites are typically along the
most heavily used bus routes and are referred to as "hot spots". City will provide a list of
the hot spots to the Company. The list will be updated in January of every year.
iii. Cleaning all interior and exterior visible metal and concrete surfaces at each location,
including all glass and Plexiglas surfaces. The Company shall clean the entire bus
stop/shelter (including but not limited to bus furniture, shelter structure, trash receptacles,
posts and signs).
iv. In the event that new or additional City -owned equipment is installed at a stop, the
Company shall be responsible for obtaining and adhering to manufacturer's General
Maintenance guidelines.
V. Sweeping off the sidewalk/boarding area, removing trash or debris from the gutter,
removing unsanitary items or materials, wiping down dirty benches, or other
miscellaneous items.
vi. Cleaning solar panels to remove dust and grime build up (no pressure washing), cleaning
the LED display, cleaning the aluminum case and replacing the polycarbonate screen
protector in the event that the solar panel is vandalized. Replacement poly -carbonate
screen protectors will be provided by the City to the Company for installation.
Company shall use steam to clean the bus stops one (1) time each month. Prior to any steam
cleaning, the Company shall block or seal all storm drains and clean accumulated debris and
remove blocking materials when finished. Wash water shall be contained and pumped up or
vacuumed and properly disposed of.
The Company shall furnish all labor, materials, water, equipment, clean-up, disposal, and
services required to perform the services set forth herein.
The area associated with a bus stop includes all area within twenty (20) feet of the outer edges
of all bus stop furniture/fixtures at each location and from right-of-way to curb face, all
furniture/fixtures (shelters, benches, receptacles, signs (including LED solar signs), posts,
Page 14 of 18
CITY OF SANTA ANA
RFP NO.: 20-139
DESIGN, CONSTRUCTION, MAINTENANCE AND MANAGEMENT
OF DIGITAL BILLBOARDS AND MANAGEMENT OF BUS SHELTERS AND STOPS
improvements, sidewalks, curbs and gutters, pavement, etc.) within the bus stop associated
area; and only that area which is part of the public right-of-way (e.g., sidewalks and streets
open to public access).
e. Maintenance and Repair
The Company shall be responsible for all maintenance and repair, including the replacement
of parts, at its own expense. The Company shall be required to report, to the City, on its
maintenance and repair activities and to perform the following activities:
i. Replacement poly -carbonate screen protectors shall be provided to the Company for
installation by the Company in the event that an LED solar panel is vandalized.
ii. Company shall spray for weed control within 20 feet of the outer edges of benches.
iii. Traffic control shall be provided by Company to ensure that no personnel, equipment,
and/or vehicles block lanes without proper warning signs and all required safety measures.
Graffiti removal from all bus stop amenities, including but not limited to, bus stop signs, bus
stop poles, shelters, benches, trash receptacles, bike racks, etc., is the responsibility of the
City. The City is committed to removing graffiti within 24 hours of notification.
L Painting
All non -galvanized (green) bus shelters shall be painted, by Company, within six months after
the execution of Agreement and as determined by the City based on the condition of the bus
shelter, thereafter. All bus shelters, except for the galvanized bus shelters, shall also be
painted, by the Company, at an interval determined by the City. For the purpose of this RFP,
Company shall plan on painting half of the current inventory of bus shelters on odd years.
g. Cleaning and Maintenance Schedule
The frequency for cleaning and performing maintenance (including painting) at bus shelters
and bus stops is presented in Table 2 below. —For non -routine cleaning, receiving notifications
and for associated task management, the selected proposer shall subscribe to the
"mySantaAna" app.
Page 15 of 18
CITY OF SANTA ANA
RFP NO.: 20-139
DESIGN, CONSTRUCTION, MAINTENANCE AND MANAGEMENT
OF DIGITAL BILLBOARDS AND MANAGEMENT OF BUS SHELTERS AND STOPS
Table 2. Frequency for Cleaning and Maintenance at Bus Shelters and Bus Stops.
Fre uenc
Three
Within
Required Tasks/Activities(l)
Daily(2)
times per
Monthly
First
Odd
As
week
Six
Years
Required
Months
Unlock and open trash
container. Empty trash and
replace trash bag. Close and
lock trash container.
x
x
Use disinfecting cleaners
(approved by the
Environment Protection
Agency for its effectiveness
against COVID-19) to wipe
down trash cans, trash can
covers and entire benches.
x
x
Clean by sweeping all Site
Area and remove all litter
(including cigarette butts),
waste material, debris, etc.
x
x
Remove gum from Site Area
and from concrete pads and
sidewalks.
x
x
Touch up paint at bus shelters,
bus stops and associated
furniture and fixtures(4).
x
Test power to all lighting
fixtures and ad panels.
x
Spray for weed control within
20 feet of the outer edges of
benches.
x
Inspect ad panel plexyglass.
x
Steam cleaning of bus shelters
and bus stops.
x
Paint all non -galvanized
(green) bus shelters.
x
Paint half of the current
inventory of bus shelters.
x
Board up damaged ad panels.
x
Repair damaged plexyglass ad
panels. Repair and replace
light fixtures and ad panel
lights.
x
Page 16 of 18
CITY OF SANTA ANA
RFP NO.: 20-139
DESIGN, CONSTRUCTION, MAINTENANCE AND MANAGEMENT
OF DIGITAL BILLBOARDS AND MANAGEMENT OF BUS SHELTERS AND STOPS
Fre uenc
Three Within
Required Tasks/Activities(') Daily(2) times per Monthly First Odd As
week Six Years Required
Months
(1) If any safety issues or hazards are found, all necessary measures shall be taken to minimize or eliminate the potential risks to the
workers and public. If required, the City will be notified as soon as possible, but no later than 24 hours after the bus stop has been
serviced.
(2) Company to maintain approximately thirty (30) sites clean requiring daily cleaning. The sites are typically along the most heavily
used bus routes and are referred to as "hot spots". City will provide a list of the hot spots to Company. The list will be updated by
City in January of every year.
(3) One Site Area is equivalent to one Bus Shelter or Bus Stop. The Site Area includes all area within twenty (20) feet of the outer
edges of all bus stop furniture/fixtures at each location and from right-of-way to curb face, all furniture/fixtures within the Site Area
and only that area which is part of the public right of way.
(') Bus shelters and bus stops furniture/fixtures include benches, trash receptacles, information map cases, schedule holders, free
standing kiosks, outdoor advertising displays (both static and digital), secure bicycle racks, news stand corrals.
The hours for maintenance, repairs and replacement of bus shelters and bus stops are between 7 a.m. and
6 p.m. every day of the week. The hours for cleaning bus shelters and bus stops are between 6 a.m. and
6:00 p.m. Monday through Friday and between 8 a.m. and 6:00 p.m. on Saturday and Sunday.
4. Digital Signage Network Security
The Company is expected to effectively control access to the digital signage network and address security
concerns for the digital system through a multi -layer effort with controlled physical access and an
operating system to establish and maintain a hacker -resistant system. In its Proposal, the Company is
expected, at a minimum, to address the following areas of digital signage network security:
a. Physical Security
i. Restricting physical access to the network's devices.
ii. Securing all screens, attachments, and public players
iii. Securing all PC ports and connections
iv. Security and password protection for the BIOS to prevent the boot order from
being changed.
b. Operating System Security
i. Restricting operating system access.
ii. Installation of firewall to block unwanted incoming traffic.
iii. Staying up to date with all security updates.
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CITY OF SANTA ANA
RFP NO.: 20-139
DESIGN, CONSTRUCTION, MAINTENANCE AND MANAGEMENT
OF DIGITAL BILLBOARDS AND MANAGEMENT OF BUS SHELTERS AND STOPS
c. Application Security
i. Ensuring that implemented solutions are not using insecure protocols like HTTP
or FTP for critical information.
ii. Keeping data secure by working with applications that have SSL certificates or the
selection of applications that also add their own layer of encryption to all data.
iii. Working with a software suite that uses a client -pull technology and disable
listening on all ports.
iv. Working with companies that undergo regular security tests and audits to ensure
they are following current best practices.
Page 18 of 18
CITY OF SANTA ANA
RFP NO.: 20-139
DESIGN, CONSTRUCTION, MAINTENANCE AND MANAGEMENT
OF DIGITAL BILLBOARDS AND MANAGEMENT OF BUS SHELTERS AND STOPS
Appendix
ATTACHMENT 2: STANDARD AGREEMENT
Page 1 of 1
CITY OF SANTA ANA
RFP NO.: 20-139
DESIGN, CONSTRUCTION, MAINTENANCE AND MANAGEMENT
OF DIGITAL BILLBOARDS AND MANAGEMENT OF BUS SHELTERS AND STOPS
STANDARD AGREEMENT
CITY OF SANTA ANA
THIS AGREEMENT is made and entered into this day of , 2020 by and between
, ("Company"), and the City of
Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and
laws of the State of California ("City").
RECITALS
A. The City desires to retain a Company having special skill and knowledge in the field of -
Briefly describe expertise sought and the scope of work the consultant (engineering) services
will perform.
B. Company represents that Company is able and willing to provide such services to the City.
C. In undertaking the performance of this Agreement, Company represents that it is knowledgeable
in its field and that any services performed by Company under this Agreement will be performed
in compliance with such standards as may reasonably be expected from a professional consulting
firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms
and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Company shall perform during the term of this Agreement, the tasks and obligations including all
labor, materials, tools, equipment, and incidental customary work required to fully and adequately
complete the services described and set forth in Scope of Services - Exhibit A, attached hereto and
incorporated by reference.
2. COMPENSATION
Company agrees to pay to City percent of the advertising revenue for the term of this
Agreement. Payment shall be made payable to the City of Santa Ana, following each month, no later
than the loth of the subsequent month, at the following address: Public Works Agency, City of Santa
Ana M-21, Administrative Services Manager, 20 Civic Center Plaza, PO Box 1988, Santa Ana, CA
92702. A late charge of ten percent (10%) shall be applied to any payment hereunder due but unpaid after
the loth of the month. Compensation shall be subject to a CPI adjustment annually utilizing the most
recently published annual average, on the anniversary of the Effective Date during the term hereof.
Page 1 of 9
CITY OF SANTA ANA
RFP NO.: 20-139
DESIGN, CONSTRUCTION, MAINTENANCE AND MANAGEMENT
OF DIGITAL BILLBOARDS AND MANAGEMENT OF BUS SHELTERS AND STOPS
3. TERM
This Agreement shall commence on [enter a Start Date or "the date first written above"] for a
number (#) year term with the option for the City to grant up to a number (#)-year renewals, exercisable
by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with
Section 16, below.
4. LICENSE
The City hereby grants to Company an exclusive license for the right to enter and use the Properties
(billboard sites, banner locations, bus shelters and bus stops) beginning on the Effective Date, for the
Permitted Uses, upon the terms and conditions set forth herein in this Agreement, subject to Company's
performance of all of its obligations under this Agreement.
This Agreement is intended and shall be construed only as a revocable license to use the Properties
and not as a lease or grant of any possessory or other interest.
Company shall not use, and shall prohibit its Agents or Invitees from using, the Property other
than for the Permitted Uses. The term "Agents" shall mean Company's officers, directors, members,
agents, employees, invitees, subcontractors and any employees of such parties. The term "Invitees" shall
mean Licensee's invitees, guests, customers, tenants, or business visitors.
5. PREVAILING WAGES
Company is aware of the requirements of California Labor Code Section 1720, et seq., and 1770,
et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage
Laws"), which require the payment of prevailing wage rates and the performance of other requirements
on "public works" and "maintenance" projects. If the services being performed are part of an applicable
"public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total
compensation is $1,000 or more, Company agrees to fully comply with such Prevailing Wage Laws.
Company shall defend, indemnify and hold the City, its elected officials, officers, employees and agents
free and harmless from any claim or liability arising out of any failure or alleged failure to comply with
the Prevailing Wage Laws.
5. INDEPENDENT COMPANY
Company shall, during the entire term of this Agreement, be construed to be an independent
Company and not an employee of the City. This Agreement is not intended nor shall it be construed to
create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise
discretion or control over the professional manner in which Company performs the services which are the
subject matter of this Agreement; however, the services to be provided by Company shall be provided in
a manner consistent with all applicable standards and regulations governing such services. Company shall
pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes
relating to employees and shall be responsible for all applicable withholding taxes.
Page 2 of 9
CITY OF SANTA ANA
RFP NO.: 20-139
DESIGN, CONSTRUCTION, MAINTENANCE AND MANAGEMENT
OF DIGITAL BILLBOARDS AND MANAGEMENT OF BUS SHELTERS AND STOPS
6. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse,
or sublicense any and all copyrights, designs, and other intellectual property embodied in plans,
specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any
tangible medium of expression, including but not limited to, physical drawings or data magnetically or
otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Company under
this Agreement ("Documents & Data"). Company shall require all subcontractors to agree in writing that
City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor
prepares under this Agreement. Company represents and warrants that Company has the legal right to
license any and all Documents & Data. Company makes no such representation and warranty in regard to
Documents & Data which were provided to Company by the City. City shall not be limited in any way in
its use of the Documents and Data at any time, provided that any such use not within the purposes intended
by this Agreement shall be at City's sole risk.
7. INSURANCE
Prior to undertaking performance of work under this Agreement, Company shall maintain and
shall require its subcontractors, if any, to obtain and maintain insurance as described below:
a. Commercial General Liability Insurance. Company shall maintain commercial general
liability insurance naming the City, its officers, employees, agents, volunteers and
representatives as additional insured(s) and shall include, but not be limited to protection
against claims arising from bodily and personal injury, including death resulting therefrom
and damage to property, resulting from any act or occurrence arising out of Company's
operations in the performance of this Agreement, including, without limitation, acts
involving vehicles. The amounts of insurance shall be not less than the following: single
limit coverage applying to bodily and personal injury, including death resulting therefrom,
and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000
in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents,
and representatives as additional insured(s); (b) be primary and not contributory with
respect to insurance or self-insurance programs maintained by the City; and (c) contain
standard separation of insureds provisions.
b. Business automobile liability insurance, or equivalent form, with a combined single limit
of not less than $1,000,000 per occurrence. Such insurance shall include coverage for
owned, hired and non -owned automobiles.
C. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of
the Labor Code, Company, if Company has any employees, is required to be insured
against liability for worker's compensation or to undertake self-insurance. Prior to
commencing the performance of the work under this Agreement, Company agrees to obtain
and maintain any employer's liability insurance with limits not less than $1,000,000 per
accident.
d. If Company is or employs a licensed professional such as an architect or engineer:
Professional liability (errors and omissions) insurance, with a combined single limit of not
less than $1,000,000 per claim with $2,000,000 in the aggregate.
Page 3 of 9
CITY OF SANTA ANA
RFP NO.: 20-139
DESIGN, CONSTRUCTION, MAINTENANCE AND MANAGEMENT
OF DIGITAL BILLBOARDS AND MANAGEMENT OF BUS SHELTERS AND STOPS
e. The following requirements apply to the insurance to be provided by Company pursuant to
this section:
i. Company shall maintain all insurance required above in full force and effect for the
entire period covered by this Agreement.
ii. Certificates of insurance shall be furnished to the City upon execution of this
Agreement and shall be approved by the City.
iii. Certificates and policies shall state that the policies shall not be canceled or reduced
in coverage or changed in any other material aspect without thirty (30) days prior
written notice to the City.
iv. Company shall supply City with a fully executed additional insured endorsement.
b. If Company fails or refuses to produce or maintain the insurance required by this section
or fails or refuses to furnish the City with required proof that insurance has been procured
and is in force and paid for, the City shall have the right, at the City's election, to forthwith
terminate this Agreement. Such termination shall not affect Company's right to be paid
for its time and materials expended prior to notification of termination. Company waives
the right to receive compensation and agrees to indemnify the City for any work
performed prior to approval of insurance by the City.
Page 4 of 9
CITY OF SANTA ANA
RFP NO.: 20-139
DESIGN, CONSTRUCTION, MAINTENANCE AND MANAGEMENT
OF DIGITAL BILLBOARDS AND MANAGEMENT OF BUS SHELTERS AND STOPS
8. INDEMNIFICATION
Company agrees to defend, and shall indemnify and hold harmless the City, its officers, agents,
employees, special counsel, and representatives from liability: (1) for personal injury, damages, just
compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including
death, and claims for property damage, which may arise from the negligent operations of the Company,
its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services
described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just
compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising
from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just
compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason
of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement.
The Company further agrees to indemnify, hold harmless, and pay all costs for the defense of the City,
including fees and costs for special counsel to be selected by the City, regarding any action by a third
party challenging the validity of this Agreement, or asserting that personal injury, damages, just
compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of
the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect
to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Company's
services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent
required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence,
recklessness, or willful misconduct of the Company.
9. INTELLECTUAL PROPERTY INDEMNIFICATION
Company shall defend and indemnify the City, its officers, agents, representatives, and employees
against any and all liability, including costs, for infringement of any United States' letters patent,
trademark, or copyright infringement, including costs, contained in the work product or documents
provided by Company to the City pursuant to this Agreement.
10. RECORDS
All financial records of Company shall be maintained in accordance with generally accepted
accounting principles and auditing standards for government institutions. Company shall make available
for examination and copying such construction books and records.
Company shall keep and maintain all such construction books and records separate and distinct
from other records and accounts and shall maintain such books and records for at least seven (7) years
after acceptance by City, or such longer period during which any legal proceeding with respect to the work
may be pending.
11. CONFIDENTIALITY
If Company receives from the City information which due to the nature of such information is
reasonably understood to be confidential and/or proprietary, Company agrees that it shall not use or
disclose such information except in the performance of this Agreement, and further agrees to exercise the
Page 5 of 9
CITY OF SANTA ANA
RFP NO.: 20-139
DESIGN, CONSTRUCTION, MAINTENANCE AND MANAGEMENT
OF DIGITAL BILLBOARDS AND MANAGEMENT OF BUS SHELTERS AND STOPS
same degree of care it uses to protect its own information of like importance, but in no event less than
reasonable care. "Confidential Information" shall include all nonpublic information. Confidential
information includes not only written information, but also information transferred orally, visually,
electronically, or by other means. Confidential information disclosed to either party by any subsidiary
and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and
nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources;
(b) is, through no fault of the Company disclosed in a publicly available source; (c) is in rightful possession
of the Company without an obligation of confidentiality; (d) is required to be disclosed by operation of
law; or (e) is independently developed by the Company without reference to information disclosed by the
City.
12. CONFLICT OF INTEREST CLAUSE
Company covenants that it presently has no interests and shall not have interests, direct or indirect,
which would conflict in any manner with performance of services specified under this Agreement.
13. DISCRIMINATION
Company shall not discriminate because of race, color, creed, religion, sex, marital status, sexual
orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the
recruitment, selection, training, utilization, promotion, termination or other employment related activities.
Company affirms that it is an equal opportunity employer and shall comply with all applicable federal,
state and local laws and regulations.
14. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Company,
and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict
between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail.
This Agreement may not be modified except by written instrument signed by the City and by an authorized
representative of Company. The parties agree that any terms or conditions of any purchase order or other
instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or
obligate Company or the City. Each party to this Agreement acknowledges that no representations,
inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting
on behalf of any party, which is not embodied herein.
15. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Company, Company
may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of
the City and any such assignment, transfer, delegation or subcontract without the City's prior written
consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's
ability to have any of the services which are the subject to this Agreement performed by City personnel
or by other companies retained by City.
Page 6 of 9
CITY OF SANTA ANA
RFP NO.: 20-139
DESIGN, CONSTRUCTION, MAINTENANCE AND MANAGEMENT
OF DIGITAL BILLBOARDS AND MANAGEMENT OF BUS SHELTERS AND STOPS
16. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of termination.
In such event, Company shall be entitled to receive, and the City shall pay Company compensation for all
services performed by Company prior to receipt of such notice of termination, subject to the following
conditions:
a. As a condition of such payment, the Executive Director may require Company to deliver
to the City all work product(s) completed as of such date, and in such case such work
product shall be the property of the City unless prohibited by law, and Company consents
to the City's use thereof for such purposes as the City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of performance
specified in the Recitals of this Agreement.
C. Earned revenue from advertising shall be prorated and paid to City.
17. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the
provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the
breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a
waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute
a continuing waiver unless the writing so specifies.
18. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity,
interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined
and governed by the laws of the State of California. Both parties further agree that Orange County,
California, shall be the venue for any action or proceeding that may be brought or arise out of, in
connection with or by reason of this Agreement.
19. PROFESSIONAL LICENSES
Company shall, throughout the term of this Agreement, maintain all necessary licenses, permits,
approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by
the laws and regulations of the United States, the State of California, the City of Santa Ana and all other
governmental agencies. Company shall notify the City immediately and in writing of its inability to obtain
or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for
termination of this Agreement.
20. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power,
authority and right to bind their respective parties to each of the terms of this Agreement,
Page 7 of 9
CITY OF SANTA ANA
RFP NO.: 20-139
DESIGN, CONSTRUCTION, MAINTENANCE AND MANAGEMENT
OF DIGITAL BILLBOARDS AND MANAGEMENT OF BUS SHELTERS AND STOPS
and shall indemnify City fully, including reasonable costs and attorney's fees, for any
injuries or damages to City in the event that such authority or power is not, in fact, held by
the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth
in the body of this Agreement.
21. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be
in writing and shall be deemed to be properly given if delivered in person or mailed by first class or
certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided
in this Section, to the following persons:
To City:
Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956
With courtesy copies to:
Nabil Saba
Executive Director, Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, California 92702
Fax: 714- 647-5635
To Company:
First & Last Name
Title
Consultant Firm Name
Address
City, State, Zip
Fax:
Sonia R. Carvalho
City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702
Fax: 714- 647-6515
A party may change its address by giving notice in writing to the other parry. Thereafter, any
communication shall be addressed and transmitted to the new address. If sent by mail, communication
Page 8 of 9
CITY OF SANTA ANA
RFP NO.: 20-139
DESIGN, CONSTRUCTION, MAINTENANCE AND MANAGEMENT
OF DIGITAL BILLBOARDS AND MANAGEMENT OF BUS SHELTERS AND STOPS
shall be effective or deemed to have been given three (3) days after it has been deposited in the United
States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by
fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time
set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth
above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays
shall be excluded.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above
written.
ATTEST:
Daisy Gomez
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By:
John Funk
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
NABIL SABA
Executive Director
Public Works Agency
CITY OF SANTA ANA
Kristine Ridge
City Manager
COMPANY:
(name)
(title)
Tax ID#
Page 9 of 9
CITY OF SANTA ANA
RFP NO.: 20-139
DESIGN, CONSTRUCTION, MAINTENANCE AND MANAGEMENT
OF DIGITAL BILLBOARDS AND MANAGEMENT OF BUS SHELTERS AND STOPS
APPENDIX
ATTACHMENT 3: PROPOSED BUS SHELTER DESIGN
7
G
5
21
3
2 1 1
Ioil
C
0
GENERAL NOTES:
1. ALL STRUCTURAL STEEL, UNLESS OTHERWISE NOTED, SHALL BE ASTM A-36, MINIMUM
YIELD STRENGTH 36,000 PSI.
2. ALL STRUCTURAL ALUMINUM MEMBERS, UNLESS OTHERWISE NOTED, SHALL BE OF
ALLOY 6063-T5 OR GREATER.
3. ALL HOLES TO BE DRILLED OR PUNCHED.
4. STEEL WELDING SHALL CONFORM TO AMERICAN WELDING SOCIETY STANDARD D1.
1-10. ELECTRODES SHALL CONFORM TO AWS 5.1, CLASS E70S-5.
5. ALUMINUM WELDING SHALL CONFORM TO AMERICAN WELDING SOCIETY STANDARD
D1. 2-08. ELECTRODES SHALL CONFORM TO AWS/SFA 5.10 CLASS ER4043.
6. ALL WELDING TO BE DONE AT TOLAR MANUFACTURING COMPANY, INC. FACILITY.
7. ALL CORPORATE PROCEDURES, INCLUDING FABRICATION, MUST BE IN COMPLIANCE
WITH TOLAR MANUFACTURING CO. INC'S QUALITY CONTROL MANUAL.
8. THE CONCRETE PAD SIZES SHOWN ARE STANDARD MINIMUM REQUIREMENTS AND
ARE FOR REFERENCE ONLY. THE PAD MAY NEED TO BE REINFORCED OR ENLARGED
DEPENDING ON LOCAL CODES AND LOADING CONDITIONS.
3 1/2" MINI
(SEI
5'-6 11
SIDE VIEW
SCALE 1/2 "=1 '--0"
I )FTATI R
SHOE WELDMENT/ ANCHORING
SCALE 2" = 1 '--0"
6"
/2"
6-0" MINIMUM CONCRETE SLAB
(SEE NOTE 8.)
0
11'-5 3/8"
11'-5 3/8"
USC SOLAR LIGHTING SYSTEM
TBD BY SIZING
FRONT VIEW
SCALE 112"=1'-0"
VIMUM CO
SEE NOTE F
11'-3 3/8"
SECTION A -A
FLOOR PLAN
SCALE 1/2"=1'-0"
,.,,JF PANELS,
1/8 THK ALUMINUM (3)
32. GAL. STRAP TRASH CAN W/ HINGE DOOR,
HASP LOCK (PADLOCK BY OTHERS),
FLAT LID OPTION WITH TAMPER PROOF SCREW!
REAR WALL TUBING WELDMENT,
2-1/2 ROUND ALUMINUM TUBE ENCAPSULATING
1/8 THK ALUMINUM PERF.
SUNSET POST
(ALUMINUM EXTRUSION)
1'-0"
ALUMINUM ESCUTCHEON COVERS
6' CUSTOM SANTA ANA STEEL STRAP BENCH
WITH (2) SEAT DELINEATORS
3Q
DETAIL A
SCALE2" = 1'--0"
SIDE VIEW
SCALE 112"=1'--0"
01/2" X 4-1/2" HILTI TZ
STN STL ANCHORS
(4 PER POST)
INSTALLED PER ESR-1917
09 X 1/2 THK ALUMINUM SHOE FLANGE
THE DESIGN AND DRAWINGS REMAIN THE
INTELLECTUAL PROPERTY OF TOLAR MFG.
AND ARE PROTECTED BY LAW. THEY MAY
NOT BE ALTERED, REPRODUCED OR USED
FOR FABRICATION WITHOUT EXPRESSED
WRITTEN CONSENT FROM TOLAR MFG.
ALL DOCUMENTS TO BE RETURNED TO
TOLAR MFG.. AT COMPLETION OF WORK.
CONTRACTOR TO SITE VERIFY ALL DETAILS
AND DIMENSIONS AND REPORT ANY AND
ALL DISCREPANCIES TO TOLAR MFG..
BEFORE COMMENCING WITH THAT RELATED
PORTION OF THE WORK.
08 1/2" LOGO PLATE
W/ DECAL BOTH SIDES
ARTWORK PROVIDED BY
CUSTOMER
TOLAR MANUFACTURING COMPANY, INC
TOLAR
258 Mariah Circle, Corona CA. 92879
DESCRIPTION
12' AD SUNSET SHELTER
CUSTOMERNENDOR
SANTA ANA, CA
SIZE I MATL. DWG NO. REV
D VARIES 37884-00
SCALE DATE DRAWN BY:
AS NOTED 6/15/2020 RFarr
101
C
0
7
L
5
11
3 I 2 1
T:\Inventor\Shelters\Ad Custom Dome\37884-OO.idw
1
CITY OF SANTA ANA
RFP NO.: 20-139
DESIGN, CONSTRUCTION, MAINTENANCE AND MANAGEMENT
OF DIGITAL BILLBOARDS AND MANAGEMENT OF BUS SHELTERS AND STOPS
APPENDIX
ATTACHMENT 4: CERTIFICATIONS
CITY OF SANTA ANA
RFP NO.: 20-139
DESIGN, CONSTRUCTION, MAINTENANCE AND MANAGEMENT
OF DIGITAL BILLBOARDS AND MANAGEMENT OF BUS SHELTERS AND STOPS
NON -COLLUSION AFFIDAVIT
(Title 23 United States Code Section 112 and Public Contract Code Section 7106)
In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the
PROPOSER declares that the bid is not made in the interest of, or on behalf of, any undisclosed
person, partnership, company, association, organization, or corporation; that the bid is genuine and
not collusive or sham; that the PROPOSER has not directly or indirectly induced or solicited any
other PROPOSER to put in a false or sham bid, and has not directly or indirectly colluded,
conspired, connived, or agreed with any PROPOSER or anyone else to put in a sham bid, or that
anyone shall refrain from bidding; that the PROPOSER has not in any manner, directly or
indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of
the PROPOSER or any other PROPOSER, or to fix any overhead, profit, or cost element of the
bid price, or of that of any other PROPOSER, or to secure any advantage against the public body
awarding the contract of anyone interested in the proposed contract; that all statements contained
in the bid are true; and, further, that the PROPOSER has not, directly or indirectly, submitted his
or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data
relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company
association, organization, bid depository, or to any member or agent thereof to effectuate a
collusive or sham bid.
Note: The above Non -collusion Affidavit is part of the Proposal. PROPOSERS are
cautioned that making a false certification may subject the certifier to criminal
prosecution.
Signed
State of California
County of
Subscribed and sworn to (or affirmed) before me on this day of , 20_, by
, proved to me on the basis of satisfactory evidence to be the person(s)
who appeared before me
Notary Public Signature Notary Public Seal
Page 1 of 1
CITY OF SANTA ANA
RFP NO.: 20-139
DESIGN, CONSTRUCTION, MAINTENANCE AND MANAGEMENT
OF DIGITAL BILLBOARDS AND MANAGEMENT OF BUS SHELTERS AND STOPS
NON -LOBBYING CERTIFICATION
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of
his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any Federal agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with the awarding of
any Federal contract, the making of any Federal grant, the making of any Federal loan, the
entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any Federal
agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with this Federal contract, grant, loan, or cooperative
agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure
of Lobbying Activities," in conformance with its instructions.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who
fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and
not more than $100,000 for each such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or she shall
require that the language of this certification be included in all lower tier subcontracts, which
exceed $100,000 and that all such subrecipients shall certify and disclose accordingly.
Signed:
Title:
Firm:
Date:
Page 1 of 1
CITY OF SANTA ANA
RFP NO.: 20-139
DESIGN, CONSTRUCTION, MAINTENANCE AND MANAGEMENT
OF DIGITAL BILLBOARDS AND MANAGEMENT OF BUS SHELTERS AND STOPS
NON-DISCRIMINATION CERTIFICATION
The undersigned Company or corporate officer, during the performance of this contract, certifies
as follows:
The Company shall not discriminate against any employee or applicant for employment
because of race, color, religion, sex, or national origin. The Company shall take affirmative
action to ensure that applicants are employed, and that employees are treated during
employment without, regard to their race, color, religion, sex, or national origin. Such action
shall include, but not be limited to, the following: employment, upgrading, demotion, or
transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other
forms of compensation; and selection for training, including apprenticeship. The Company
agrees to post in conspicuous places, available to employees and applicants for employment,
notices to be provided setting forth the provisions of this nondiscrimination clause.
2. The Company shall, in all solicitations or advertisements for employees placed by or on behalf
of the Company, state that all qualified applicants will receive consideration for employment
without regard to race, color, religion, sex, or national origin.
3. The Company shall send to each labor union or representative of workers with which he/she
has a collective bargaining agreement or other contract or understanding, a notice to be
provided advising the said labor union or workers' representatives of the Company's
commitments under this section, and shall post copies of the notice in conspicuous places
available to employees and applicants for employment.
4. The Company shall comply with all provisions of Executive Order 11246 of September 24,
1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
5. The Company shall furnish all information and reports required by Executive Order 11246 of
September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant
thereto, and will permit access to his/her books, records, and accounts by the administering
agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with
such rules, regulations, and orders.
6. In the event of the Company's non-compliance with the nondiscrimination clauses of this
contract or with any of the said rules, regulations, or orders, the contract may be canceled,
terminated, or suspended in whole or in part and the Company may be declared ineligible for
further Government contracts or federally assisted construction contracts in accordance with
procedures authorized in Execution Order 11246 of September 24, 1965, and such other
sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of
September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise
provided by law.
Page 1 of 2
CITY OF SANTA ANA
RFP NO.: 20-139
DESIGN, CONSTRUCTION, MAINTENANCE AND MANAGEMENT
OF DIGITAL BILLBOARDS AND MANAGEMENT OF BUS SHELTERS AND STOPS
7. The Company shall include the portion of the sentence immediately preceding paragraph (1)
and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless
exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section
204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding
upon each subcontract or purchase order as the administering agency may direct as means of
enforcing such provisions, including sanctions for noncompliance; provided, however, that in
the event the Company becomes involved in, or is threatened with, litigation with a
subcontractor or proposer as a result of such direction by the administering agency, the
Company may request that the United States enter into such litigation to protect the interests
of the United States.
8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as
amended, no discrimination shall be made in the employment of persons upon public works
because of race, religious creed, color, national origin, ancestry, physical handicaps, mental
condition, marital status, or sex of such persons, except as provided in Section 1420, and any
company of public works violating this Section is subject to all the penalties imposed for a
violation of the Chapter.
Signed:
Title:
Firm:
Date:
Page 2 of 2
CITY OF SANTA ANA
RFP NO.: 20-139
DESIGN, CONSTRUCTION, MAINTENANCE AND MANAGEMENT
OF DIGITAL BILLBOARDS AND MANAGEMENT OF BUS SHELTERS AND STOPS
Appendix
ATTACHMENT 5: POTENTIAL SITES FOR DIGITAL BILLBOARDS
CIVId ENTER DR Lj III I u uu�O OOU�
0 o 0o
bm O
�ooa000o°o
SANTA ANA o0 o dodo
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w
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NO SCALE
POTENTIAL SITES FOR DIGITAL BILLBOARDS
REFERENCES
SHEET INDEX
SHEET
LOCATION
DESCRIPTION
APN NO.
TITLE SHEET
1
1
WELL 38 (SANTA ANA ZOO)
402-212-01
2
2
SANTA ANA WATER TOWER
398-151-01
3
3
SANTIAGO CREEK AT BROADWAY
002-180-57
4
4
R I VERV I EW
002-231 -41
5
5
LA VETA PARK
N/A
6
6.7.8
WELL 28 (SANTIAGO ARCHERY RANGE)
BACK TO NATIVES
CROOKE RESERVOIR
390-71-08
390-091-01
390-691-08
7
9
SA-7 AT RITCHEY
403-072-01
8
10
WEST OF WARNER AT SR-55
403-072-001
01 6-1 51 -001
9
11
FULLER LOT
398-092-14
10
12
NORTHWEST OF GRAND AND I-5
398-084-001
11
13
WEST OF SANTA CLARA AT I-5
396-141-001
12
14
SOUTHWEST OF MCFADDEN AT SR-55
402-111-001
13
15
WEST OF ALTON AT SR-55
N/A
PREPARED UNDER THE SUPERVISION OF
UMBER DATE INITIALS ATLAS: ?-# BENCH MARK # 00-000 ELEV. ### R.C.E. NO. 42697
DESIGNED ?? DRAWN ?? 00/0
IR/W APPROVED CHECKED ?? 00/0
Underground Service Alert
of Southern California
CALL: TOLL FREE 811
TWO WORKING DAYS
BEFORE YOU DIG
NOTICE TO CONTRACTOR
PURSUANT TO ASSEMBLY BILL 3019 NO EXCA VA T ION PERMIT
1S VALID UNLESS THE CONTRACTOR CONTACTS AND OBTAINS
AN 1 N0U 1 RY 1. D. NUMBER FROM "UNDERGROUND SERVICE
ALERT" (1-800-422-4133) AT LEAST TWO WORKING DAYS
PRIOR TO COMMENC 1 NG EXCA VA T 1ON.
TITLE PAGE
RECOMMENDED
APPROVED
SENIOR CIVIL ENGINEER
R.C.E. NO. 36060
PUBLIC
CITY
WORKS
OF SANTA
OGENCY
ANA
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NUMBER DATE INITIALS DESCRIPTIONS APPRVU WATER &SEWER ATLAS: ?—# BENCH MARK # QQ—QQQ ELEV. ### R.C.E. N0. 42697 FULLER LOT
DESIGNED ?? DRAWN ?? QQ/Q
R/W APPROVED CHECKED ?? QQ/c
APN : 398-092-1 4
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NUMBER DATE INITIALS DESCRIPTIONS APPRVU WATER &SEWER ATLAS: ?—# BENCH MARK # QQ—QQQ ELEV. ### R.C.E. N0. 42697 SOUTHWEST OF MCFADDEN AT SF
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CITY OF SANTA ANA
RFP NO.: 20-139
DESIGN, CONSTRUCTION, MAINTENANCE AND MANAGEMENT
OF DIGITAL BILLBOARDS AND MANAGEMENT OF BUS SHELTERS AND STOPS
Appendix
ATTACHMENT 6: LOCATION OF BUS STOPS AND BUS SHELTERS
OCTA - BUS STOPS REPORT
CITY OF SANTA ANA
OCTA ID
STREET of TRAVEL
BUS STOP LOCATION
Type
Bench
Trash Bins
Ad Pannel
New or Old Design
5255
SB FAIRVIEW ST
OPP EDNA DR
Bench
1
1
5891
EB WESTMINSTER AVE
FS EUCLID ST
Bench
1
1
5892
EB WESTMINSTER AVE
OPP ROSITA ST (300ft)
Bench
1
1
5893
EB WESTMINSTER AVE
FS NEWHOPE ST
Bench
1
1
5894
EB WESTMINSTER AVE
OPP WEST ST
Bench
1
0
5895
EB WESTMINSTER AVE
FS HARBOR BLVD
Shelter
2
2
New
5896
EB WESTMINSTER AVE
OPP LAUREL ST
Bench
1
1
5897
EB WESTMINSTER AVE
NS FAIRVIEW ST
Shelter
2
2
New
5898
EB 17TH ST
FS KING ST
Bench
10
1
5900
EB 17TH ST
FS COLLEGE AVE
Bench
1
1
5901
EB 17TH ST
FS ENT SANTA ANA COLLEGE
Shelter
2
2
New
5902
EB 17TH ST
FS BRISTOL ST
Shelter
1
2
Old
5904
EB 17TH ST
NS FREEMAN ST
Bench
0
0
5905
EB 17TH ST
NS FLOWER ST
Bench
2
2
5906
EB 17TH ST
NS ROSS ST
Bench
1
0
5907
EB 17TH ST
FS BROADWAY
Bench
1
1
5908
EB 17TH ST
FS MAIN ST
Shelter
2
12
New
5909
EB 17TH ST
FS SPURGEON ST
Bench
0
0
5910
EB 17TH ST
OPP SANTIAGO ST
Bench
1
0
5911
EB 17TH ST
NS LINCOLN AVE
Shelter
1
1
Old
5913
EB 17TH ST
NS GRAND AVE
Shelter
1
1
Old
5915
EB 17TH ST
FS CONCORD ST
Bench
1
1
5916
EB 17TH ST
NS CABRILLO PARK DR
Bench
1
1
5917
EB 17TH ST
FS WILLIAMS ST
Bench
1
1
5918
EB 17TH ST
NS TUSTIN AVE
Shelter
1
1
Old
5919
WB 17TH ST
FS TUSTIN AVE
Shelter
1
2
Old
5920
WB 17TH ST
OPP WILLIAMS ST
Bench
1
1
5921
WB 17TH ST
FS SHERRY LN
Bench
1
1
5922
WB 17TH ST
JOPPCONCORDST
Bench
0
1
5924
WB 17TH ST
IFS GRAND AVE
Shelter
12
2
1
INew
OCTA ID
STREET of TRAVEL
BUS STOP LOCATION
Type
Bench
Trash Bins
Ad Pannel
New or Old Design
5925
WB 17TH ST
NS LINCOLN AVE
Shelter
1
1
Old
5926
WB 17TH ST
NS SANTIAGO ST
Bench
0
1
5927
WB 17TH ST
OPP PENN WAY
Bench
1
1
5928
WB 17TH ST
NS MAIN ST
Shelter
1
2
Old
5929
WB 17TH ST
NS BROADWAY
Bench
0
1
5930
WB 17TH ST
NS ROSS ST
Bench
1
2
5931
WB 17TH ST
NS FLOWER ST
Bench
1
1
5932
JWB 17TH ST
OPP FREEMAN ST
Bench
1
1
5933
WB 17TH ST
FS BAKER ST
Bench
0
0
5934
WB 17TH ST
FS BRISTOL ST
Shelter
1
2
Old
5935
WB 17TH ST
FS BRISTOL MARKET PLACE
Shelter
1
2
Old
5936
WB 17TH ST
FS COLLEGE AVE
Shelter
0
2
Old
5938
WB 17TH ST
FS ENGLISH ST
Bench
1
1
5939
WB WESTMINSTER AVE
FS FAIRVIEW ST
Shelter
1
1
Old
5940
WB WESTMINSTER AVE
NS NANCY LN
Shelter
1
0
Old
5942
EB 1ST ST
FS COOPER ST
Bench
1
11
5943
EB 1ST ST
FS EUCLID ST
Bench
1
1
5945
EB 1ST ST
FS NEWHOPE ST
Bench
1
1
5946
EB 1ST ST
VFS SHANNON ST
Bench
1
1
5947
EB 1ST ST
FS HARBOR BLVD
Shelter
0
2
Old
5948
EB 1ST ST
NS JACKSON AVE
Bench
1
1
5949
EB 1ST ST
VNS FAIRVIEW ST
Bench
1
1
5950
EB 1ST ST
FS FAIRVIEW ST
Shelter
2
2
New
5951
EB 1ST ST
FS SULLIVAN ST
Bench
1
1
5952
EB 1ST ST
FS CENTER ST
Shelter
0
0
Old
5954
EB 1ST ST
NS RAITT ST
Bench
1
1
5956
EB 1ST ST
FS PACIFIC AVE
Bench
0
0
5957
EB 1ST ST
FS BRISTOL ST
Shelter
2
2
New
5961
EB 1ST ST
FS FLOWER ST
Bench
1
1
5962
EB 1ST ST
OPP ROSS ST
Bench
1
1
5964
EB 1ST ST
FS MAIN ST
Shelter
2
2
New
5965
EB 1ST ST
INS MAPLE ST
IShelter
11
1
jOld
5966
EB 1ST ST
INS HICKORY ST
I Bench
10
0
OCTA ID
STREET of TRAVEL
BUS STOP LOCATION
Type
Bench
Trash Bins
Ad Pannel
New or Old Design
5967
EB 1ST ST
NS CEDAR ST
Bench
0
0
5968
EB 1ST ST
FS GRAND AVE
Shelter
1
1
Old
5969
EB 1ST ST
NS LYON ST
Bench
1
1
5970
EB 1ST ST
OPP CABRILLO PARK DR
Bench
1
1
5971
EB 1ST ST
OPP GOLDEN CIRCLE DR
Shelter
1
1
Old
5972
WB 1ST ST
FS GOLDEN CIRCLE DR
Shelter
1
1
Old
5973
WB 1ST ST
FS CABRILLO PARK DR
Bench
1
1
5974
JWB 1ST ST
FS LYON ST
Bench
1
1
5975
WB 1ST ST
FS GRAND AVE
Shelter
2
2
New
5976
WB 1ST ST
FS STANDARD AVE
Bench
1
0
5978
WB 1ST ST
FS LACY ST
Bench
0
1
5980
WB 1ST ST
FS DOWNTOWN PLAZA
Shelter
1
1
Old
5981
WB 1ST ST
FS MAIN ST
Shelter
4
2
New
5983
WB 1ST ST
FS ROSS ST
Bench
1
1
5984
WB 1ST ST
FS FLOWER ST
Bench
1
1
5987
WB 1ST ST
FS BRISTOL ST
Shelter
2
2
New
5988
WB 1ST ST
FS PACIFIC AVE
Bench
1
1
5990
WB 1ST ST
FS RAITT ST
Bench
1
1
5992
WB 1ST ST
OPP CENTER ST
Bench
1
0
5993
WB 1ST ST
FS SULLIVAN ST
Bench
1
0
5994
WB 1ST ST
FS FAIRVIEW ST
Bench
0
0
5995
WB 1ST ST
VFS FAIRVIEW ST
Bench
1
1
5996
WB 1ST ST
NS JACKSON ST
Bench
1
1
5997
WB 1ST ST
FS HARBOR BLVD
Shelter
0
2
Old
5998
WB 1ST ST
OPP SHANNON ST
Bench
1
1
5999
WB 1ST ST
NS NEWHOPE ST
Bench
1
0
6001
WB 1ST ST
FS EUCLID ST
Bench
1
1
6002
WB 1ST ST
FS COOPER ST
Bench
1
1
6029
EB ALTON AVE
FS MAIN ST
Bench
1
1
6030
EB ALTON AVE
FS MAPLE ST
Bench
1
0
6031
EB ALTON AVE
NS HALLADAY ST
Bench
0
1
6033
WB ALTON AVE
FS OAK ST
I Bench
11
10
6034
WB ALTON AVE
INS MAIN ST
I Bench
11
10
OCTA ID
STREET of TRAVEL
BUS STOP LOCATION
Type
Bench
Trash Bins
Ad Pannel
New or Old Design
6035
NB BRISTOL ST
FS SUNFLOWER AVE
Shelter
1
2
Old
6036
NB BRISTOL ST
FS CALLENS COMMON
Shelter
1
1
Old
6037
NB BRISTOL ST
FS MACARTHUR BLVD
Bench
1
2
6038
NB BRISTOL ST
NS ALTON AVE
Bench
1
1
6039
NB BRISTOL ST
FS SEGERSTROM AVE
Shelter
1
1
Old
6040
NB BRISTOL ST
FS HEMLOCK WAY
Shelter
1
1
Old
6041
NB BRISTOL ST
FS CENTRAL AVE
Bench
0
1
6042
INB BRISTOL ST
NS WARNER AVE
Shelter
0
12
Old
6043
NB BRISTOL ST
FS SAINT GERTRUDE PL
Bench
1
1
6045
NB BRISTOL ST
FS SAINT ANDREW PL
Bench
0
0
6046
NB BRISTOL ST
FS EDINGER AVE
Shelter
1
3
Old
6047
NB BRISTOL ST
FS WILSHIRE AVE
Bench
1
1
6048
NB BRISTOL ST
FS MCFADDEN AVE
Shelter
4
2
New
6050
NB BRISTOL ST
FS BISHOP ST
Bench
1
1
6052
NB BRISTOL ST
FS 1ST ST
Shelter
2
2
New
6053
NB BRISTOL ST
FS SANTA ANA BLVD
Bench
1
1
6054
NB BRISTOL ST
NS CIVIC CENTER DR
Bench
1
1
6056
NB BRISTOL ST
NS WASHINGTON AVE
Bench
0
0
6057
NB BRISTOL ST
FS 17TH ST
Shelter
1
2
Old
6058
NB BRISTOL ST
OPP 21ST ST
Bench
1
1
6059
NB BRISTOL ST
FS SANTA CLARA AVE
Bench
0
1
6061
NB BRISTOL ST
FS MEMORY LN
Bench
1
1
6062
NB BRISTOL ST
OPP RIVERGLEN LN
Bench
1
1
6063
SB BRISTOL ST
NS HESPERIAN WAY
Bench
1
1
6064
SB BRISTOL ST
FS RIVERGLEN LN
Bench
1
1
6065
SB BRISTOL ST
FS PARK LN
Bench
0
1
6066
SB BRISTOL ST
VNS SANTA CLARA AVE
Bench
0
1
6067
SB BRISTOL ST
NS BRISTOL MARKETPLACE
Bench
1
1
6068
SB BRISTOL ST
FS 17TH ST
Shelter
1
1
Old
6069
SB BRISTOL ST
FS WASHINGTON AVE
Bench
0
0
6071
SB BRISTOL ST
FS CIVIC CENTER DR
Bench
1
1
6072
SB BRISTOL ST
FS SANTA ANA BLVD
Bench
1
1
6073
SB BRISTOL ST
FS 1ST ST
IShelter
14
2
INew
OCTA ID
STREET of TRAVEL
BUS STOP LOCATION
Type
Bench
Trash Bins
Ad Pannel
New or Old Design
6075
SB BRISTOL ST
FS WILLITS ST
Bench
1
2
6077
SB BRISTOL ST
FS MCFADDEN AVE
Shelter
3
4
Old
6078
SB BRISTOL ST
FS WILSHIRE AVE
Bench
0
1
6079
SB BRISTOL ST
FS EDINGER AVE
Shelter
2
2
New
6080
SB BRISTOL ST
FS SAINT ANDREW PL
Bench
1
1
6082
SB BRISTOL ST
VNS WARNER AVE (400ft)
Shelter
1
1
Old
6083
SB BRISTOL ST
FS WARNER AVE
Bench
1
2
6084
JSB BRISTOL ST
FS CENTRAL AVE
Bench
1
1
6085
SB BRISTOL ST
OPP HEMLOCK WAY
Bench
1
1
6086
SB BRISTOL ST
FS SEGERSTROM AVE
Bench
1
1
6088
SB BRISTOL ST
FS ALTON AVE
Shelter
1
1
Old
6089
SB BRISTOL ST
FS MACARTHUR BLVD
Shelter
0
2
Old
6090
SB BRISTOL ST
NS CALLENS COMMON
Shelter
1
1
Old
6091
SB BRISTOL ST
NS SUNFLOWER AVE
Shelter
1
1
Old
6107
NB CENTER ST
FS EDINGER AVE
Bench
1
1
6108
NB CENTER ST
FS WILSHIRE AVE
Bench
1
1
6109
NB CENTER ST
NS MCFADDEN AVE
Bench
1
0
6110
SB CENTER ST
FS MCFADDEN AVE
Bench
1
1
6111
SB CENTER ST
FS WILSHIRE AVE
Bench
0
0
6112
EB CHESTNUT AVE
FS MAIN ST
Bench
1
1
6113
EB CHESTNUT AVE
FS ORANGE AVE
Bench
1
1
6114
EB CHESTNUT AVE
FS OAK ST
Bench
1
1
6115
EB CHESTNUT AVE
FS HALLADAY ST
Bench
1
1
6119
WB CHESTNUT AVE
FS STANDARD AVE
Bench
1
1
6120
WB CHESTNUT AVE
NS HICKORY ST
Bench
0
0
6121
WB CHESTNUT AVE
FS MAPLE ST
Bench
1
1
6122
WB CHESTNUT AVE
NS MAIN ST
Bench
1
1
6124
EB CIVIC CENTER DR
FS PACIFIC AVE
Bench
1
1
6128
EB CIVIC CENTER DR
OPP PARTON ST
Shelter
1
1
Old
6129
EB CIVIC CENTER DR
FS ROSS ST
Shelter
1
0
Old
6130
EB CIVIC CENTER DR
NS BROADWAY
Bench
1
0
6131
WB CIVIC CENTER DR
IFS BIRCH ST
113ench
11
1
6132
WB CIVIC CENTER DR
INS VAN NESS AVE
I Bench
11
1
OCTA ID
STREET of TRAVEL
BUS STOP LOCATION
Type
Bench
Trash Bins
Ad Pannel
New or Old Design
6134
WB CIVIC CENTER DR
FS FLOWER ST
Bench
0
0
6138
WB CIVIC CENTER DR
FS PACIFIC AVE
Bench
1
1
6167
EB DYER RD
NS PULLMAN ST
Shelter
1
1
Old
6168
WB DYER RD
FS RED HILL AVE
Bench
0
1
6169
WB DYER RD
NS PULLMAN ST
Bench
0
0
6192
EB EDINGER AVE
OPP MOHAWK DR
Bench
1
1
6193
EB EDINGER AVE
FS FAIRVIEW ST
Shelter
1
2
Old
6194
EB EDINGER AVE
OPP SULLIVAN ST
Bench
1
1
6195
EB EDINGER AVE
FS GREENVILLE ST
Bench
1
2
6196
EB EDINGER AVE
FS CENTER ST
Bench
0
1
6197
EB EDINGER AVE
NS RAITT ST
Bench
1
1
6198
EB EDINGER AVE
NS PACIFIC ST
Bench
1
2
6199
EB EDINGER AVE
FS BRISTOL ST
Shelter
1
2
Old
6200
EB EDINGER AVE
FS PARK DR
Bench
0
0
6201
EB EDINGER AVE
NS FLOWER ST
Bench
1
2
6202
EB EDINGER AVE
FS VAN NESS AVE
Bench
1
1
6204
EB EDINGER AVE
NS MAIN ST
Shelter
2
2
New
6205
EB EDINGER AVE
FS MAPLE ST
Bench
1
1
6206
EB EDINGER AVE
FS KILSON ST
Bench
0
1
6208
EB EDINGER AVE
FS STANDARD AVE
Bench
1
1
6209
EB EDINGER AVE
FS GRAND AVE
Shelter
1
1
Old
6210
EB EDINGER AVE
NS LYON ST
Shelter
1
1
Old
6211
EB EDINGER AVE
FS RITCHEY ST
Bench
0
0
6213
WB EDINGER AVE
FS AUTO MALL DR
Bench
1
0
6214
WB EDINGER AVE
FS RITCHEY ST
Bench
1
2
6215
WB EDINGER AVE
FS LYON ST
Bench
1
2
6217
WB EDINGER AVE
NS GRAND AVE
Bench
0
1
6218
WB EDINGER AVE
FS STANDARD AVE
Shelter
1
1
Old
6219
WB EDINGER AVE
FS KILSON DR
Bench
1
1
6220
WB EDINGER AVE
FS MAPLE ST
Bench
1
1
6221
WB EDINGER AVE
FS MAIN ST
Shelter
2
2
New
6223
WB EDINGER AVE
FS VAN NESS AVE
Bench
1
1
6224
WB EDINGER AVE
FS FLOWER ST
Bench
1
1
OCTA ID
STREET of TRAVEL
BUS STOP LOCATION
Type
Bench
Trash Bins
Ad Pannel
New or Old Design
6225
WB EDINGER AVE
FS TOWNER ST
Bench
1
1
6226
WB EDINGER AVE
FS ROSEWOOD AVE
Bench
1
1
6227
WB EDINGER AVE
FS BRISTOL ST
Bench
1
2
6228
WB EDINGER AVE
FS PACIFIC AVE
Bench
1
1
6229
WB EDINGER AVE
FS CENTER ST
Bench
1
1
6230
WB EDINGER AVE
FS RAITT ST
Bench
1
1
6231
WB EDINGER AVE
FS SULLIVAN AVE
Bench
0
1
6232
JWB EDINGER AVE
FS FAIRVIEW ST
Bench
1
0
6233
WB EDINGER AVE
FS MOHAWK DR
Bench
1
1
6234
WB EDINGER AVE
FS NEWHOPE ST
Bench
0
0
6235
WB EDINGER AVE
FS CORTA DR
Bench
1
0
6236
NB EUCLID ST
NS ROBERTS DR
Bench
1
1
6237
NB EUCLID ST
FS MCFADDEN AVE
Bench
1
1
6238
NB EUCLID ST
OPP BARBETTE AVE
Bench
1
1
6239
NB EUCLID ST
FS 1ST ST
Shelter
1
1
Old
6240
NB EUCLID ST
FS 5TH ST
Bench
1
1
6241
NB EUCLID ST
FS HAZARD AVE
Bench
1
1
6242
NB EUCLID ST
FS OAKFIELD AVE
Bench
1
1
6243
SB EUCLID ST
NS 4TH ST
Bench
1
0
6244
SB EUCLID ST
FS 1ST ST
Bench
1
0
6245
SB EUCLID ST
NS BARBETTE AVE
Bench
0
0
6247
SB EUCLID ST
FS MCFADDEN AVE
Bench
1
1
6248
SB EUCLID ST
OPP ROBERTS DR
Bench
1
1
6250
NB FAIRVIEW ST
FS SUNFLOWER AVE
Shelter
1
1
Old
6251
NB FAIRVIEW ST
FS MACARTHUR BLVD
Shelter
1
1
Old
6252
NB FAIRVIEW ST
NS ALTON AVE
Shelter
1
1
Old
6253
NB FAIRVIEW ST
OPP GARRY AVE
Bench
1
1
6254
NB FAIRVIEW ST
FS SEGERSTROM AVE
Shelter
1
1
Old
6256
NB FAIRVIEW ST
OPP CENTRAL AVE
Bench
1
1
6257
NB FAIRVIEW ST
FS WARNER AVE
Bench
1
2
6258
NB FAIRVIEW ST
FS HARVARD ST
Bench
1
1
6259
NB FAIRVIEW ST
IFS SAINT ANDREW PL
Bench
1
1
6260
NB FAIRVIEW ST
INS EDINGER AVE
IShelter
11
2
Old
OCTA ID
STREET of TRAVEL
BUS STOP LOCATION
Type
Bench
Trash Bins
Ad Pannel
New or Old Design
6261
NB FAIRVIEW ST
FS BORCHARD AVE
Bench
1
1
6262
NB FAIRVIEW ST
FS DAHL LN
Bench
1
1
6263
NB FAIRVIEW ST
FS MCFADDEN AVE
Shelter
1
2
Old
6264
NB FAIRVIEW ST
OPP HIGHLAND ST
Bench
1
1
6265
NB FAIRVIEW ST
FS WILLITS ST
Bench
1
1
6266
NB FAIRVIEW ST
FS 1ST ST
Shelter
1
0
Old
6267
NB FAIRVIEW ST
FS 5TH ST
Shelter
1
0
Old
6268
NB FAIRVIEW ST
FS CIVIC CENTER DR
Bench
1
0
6270
NB FAIRVIEW ST
FS WESTMINSTER AVE
Bench
1
1
6271
NB FAIRVIEW ST
NS EDNA DR
Bench
1
1
6272
NB FAIRVIEW ST
NS TRASK AVE
Bench
0
0
6273
NB FAIRVIEW ST
FS DOWNIE PL
Bench
1
11
6275
SB FAIRVIEW ST
FS WESTMINSTER AVE
Shelter
4
2
New
6276
SB FAIRVIEW ST
VFS 12TH ST (400ft)
Bench
1
0
6278
SB FAIRVIEW ST
OPP CIVIC CENTER DR
Bench
1
1
6279
SB FAIRVIEW ST
FS 5TH ST
Bench
0
0
6280
SB FAIRVIEW ST
FS 1ST ST
Bench
1
2
6281
SB FAIRVIEW ST
FS WILLITS ST
Bench
1
1
6282
SB FAIRVIEW ST
FS HIGHLAND ST
Bench
1
1
6283
SB FAIRVIEW ST
FS MCFADDEN AVE
Bench
1
1
6284
SB FAIRVIEW ST
FS DAHL LN
Bench
1
1
6285
SB FAIRVIEW ST
NS EDINGER AVE
Shelter
1
2
Old
6286
SB FAIRVIEW ST
FS CENTENNIAL RD
Bench
0
0
6287
SB FAIRVIEW ST
FS HARVARD ST
Bench
0
0
6288
SB FAIRVIEW ST
FS WARNER AVE
Shelter
1
1
Old
6289
SB FAIRVIEW ST
FS CENTRAL AVE
Bench
1
1
6291
SB FAIRVIEW ST
FS SEGERSTROM AVE
Shelter
1
1
Old
6292
SB FAIRVIEW ST
NS GARRY AVE
Bench
1
1
6293
SB FAIRVIEW ST
NS ALTON AVE
Bench
1
1
6294
SB FAIRVIEW ST
FS MACARTHUR BLVD
Shelter
0
1
Old
6295
NB FLOWER ST
NS MACARTHUR BLVD
N/A
0
0
0
N/A
6296
NB FLOWER ST
INS ALTON AVE
I Bench
11
1
6297
NB FLOWER ST
INS DYER RD
I Bench
10
0
OCTA ID
STREET of TRAVEL
BUS STOP LOCATION
Type
Bench
Trash Bins
Ad Pannel
New or Old Design
6298
NB FLOWER ST
OPP CENTRAL AVE
Bench
0
0
6299
NB FLOWER ST
FS WARNER AVE
Bench
1
1
6300
NB FLOWER ST
FS SAINT GERTRUDE PL
Bench
1
1
6301
NB FLOWER ST
FS SAINT ANDREW PL
Bench
1
1
6302
NB FLOWER ST
NS EDINGER AVE
Bench
1
1
6303
NB FLOWER ST
FS WILSHIRE AVE
Bench
1
1
6304
NB FLOWER ST
NS MCFADDEN AVE
Bench
1
1
6305
NB FLOWER ST
FS RICHLAND ST
Bench
1
11
6306
NB FLOWER ST
FS MYRTLE ST
Bench
1
1
6307
NB FLOWER ST
FS 1ST ST
Bench
1
1
6308
NB FLOWER ST
FS SANTA ANA BLVD
Bench
1
1
6309
NB FLOWER ST
FS 6TH ST
Shelter
1
1
Old
6311
NB FLOWER ST
FS 10TH ST
Bench
1
1
6312
NB FLOWER ST
FS WASHINGTON AVE
Bench
1
1
6313
NB FLOWER ST
FS 15TH ST
Bench
1
1
6314
SB FLOWER ST
FS 15TH ST
Bench
1
1
6315
SB FLOWER ST
NS WASHINGTON AVE
Bench
1
1
6316
SB FLOWER ST
FS 10TH ST
Bench
1
1
6319
SB FLOWER ST
FS 6TH ST
Bench
1
1
6321
SB FLOWER ST
NS WALNUT ST
Bench
1
1
6322
SB FLOWER ST
FS CHESTNUT AVE
Bench
1
1
6323
SB FLOWER ST
OPP RICHLAND ST
Bench
1
1
6324
SB FLOWER ST
FS MCFADDEN AVE
Bench
1
1
6325
SB FLOWER ST
FS WILSHIRE AVE
Bench
0
0
6326
SB FLOWER ST
FS EDINGER AVE
Bench
1
1
6327
SB FLOWER ST
FS BERKELEY ST
Bench
1
1
6328
SB FLOWER ST
FS SAINT ANDREW PL
Bench
1
1
6329
SB FLOWER ST
FS SAINT GERTRUDE PL
Bench
1
1
6330
SB FLOWER ST
FS WARNER AVE
Bench
1
1
6331
SB FLOWER ST
FS CENTRAL AVE
Bench
1
1
6332
SB FLOWER ST
FS SEGERSTROM AVE
Bench
1
1
6333
SB FLOWER ST
FS ALTON AVE
113ench
11
1
6334
SB FLOWER ST
IFS COLUMBINE AVE
113ench
10
1
0
jOld
OCTA ID
STREET of TRAVEL
BUS STOP LOCATION
Type
Bench
Trash Bins
Ad Pannel
New or Old Design
6335
SB FLOWER ST
FS MACARTHUR BLVD
Bench
1
1
6336
SB FLOWER ST
FS KELLER AVE
Bench
1
1
6338
NB GRAND AVE
FS BROOKHOLLOW DR
Bench
1
1
6339
NB GRAND AVE
FS WARNER AVE
Bench
1
1
6340
NB GRAND AVE
FS SAINT GERTRUDE PL
Bench
1
1
6341
NB GRAND AVE
FS SAINT ANDREW PL
Bench
1
1
6342
NB GRAND AVE
FS EDINGER AVE
Shelter
1
1
Old
6343
NB GRAND AVE
OPP WILSHIRE AVE (350ft)
Bench
1
11
6345
NB GRAND AVE
FS MCFADDEN AVE
Bench
1
1
6346
NB GRAND AVE
OPP WAKEHAM AVE
Bench
1
1
6347
NB GRAND AVE
NS CHESTNUT AVE
Bench
1
1
6348
NB GRAND AVE
FS 1ST ST
Bench
1
1
6350
NB GRAND AVE
FS 4TH ST
Bench
1
1
6351
NB GRAND AVE
FS ENT ORANGE COUNTY REGISTER
Shelter
1
1
Old
6354
NB GRAND AVE
NS 14TH ST
Bench
1
1
6356
NB GRAND AVE
FS 17TH ST
Bench
1
1
6357
NB GRAND AVE
OPP 21ST ST (300ftS)
Bench
1
1
6358
NB GRAND AVE
NS SANTA CLARA AVE
Bench
1
1
6359
NB GRAND AVE
OPP GROVEMONT ST
Bench
0
1
6360
NB GRAND AVE
FS FAIRHAVEN AVE
Bench
1
1
6361
SB GRAND AVE
FS FAIRHAVEN AVE
Bench
1
1
6362
SB GRAND AVE
FS GROVEMONT ST
Bench
1
1
6363
SB GRAND AVE
FS SANTA CLARA AVE
Shelter
1
1
Old
6364
SB GRAND AVE
FS 21ST ST
Shelter
1
1
Old
6365
SB GRAND AVE
NS 17TH ST
Shelter
1
2
Old
6366
SB GRAND AVE
FS 15TH ST
Bench
1
1
6367
SB GRAND AVE
FS SANTA ANA BLVD
Bench
1
1
6369
SB GRAND AVE
NS 6TH ST
Bench
1
1
6370
SB GRAND AVE
FS 4TH ST
Bench
1
1
6371
SB GRAND AVE
FS 1ST ST
Shelter
0
1
Old
6372
SB GRAND AVE
FS CHESTNUT AVE
Bench
0
1
6373
SB GRAND AVE
FS WAKE HAM AVE
Bench
1
1
6374
SB GRAND AVE
FS MCFADDEN AVE
IShelter
11
1
jOld
OCTA ID
STREET of TRAVEL
BUS STOP LOCATION
Type
Bench
Trash Bins
Ad Pannel
New or Old Design
6375
SB GRAND AVE
NS WILSHIRE AVE
Bench
0
1
6376
SB GRAND AVE
FS EDINGER AVE
Bench
1
1
6377
SB GRAND AVE
FS POMONA ST
Bench
1
2
6378
SB GRAND AVE
FS SAINT ANDREW PL
Bench
1
1
6379
SB GRAND AVE
FS SAINT GERTRUDE PL
Bench
1
1
6380
SB GRAND AVE
FS WARNER AVE
Bench
0
1
6381
SB GRAND AVE
FS HOTEL TERRACE DR
Bench
0
1
6382
NB GREENVILLE ST
FS PENDLETON AVE
Bench
1
1
6383
NB GREENVILLE ST
FS SAINT GERTRUDE PL
Bench
1
0
6384
NB GREENVILLE ST
FS GLENWOOD PL
Bench
1
1
6386
NB GREENVILLE ST
NS POMONA ST
Bench
0
0
6387
SB GREENVILLE ST
NS STANFORD ST
Bench
1
1
6388
SB GREENVILLE ST
FS OCCIDENTAL ST
Bench
0
0
6389
SB GREENVILLE ST
NS CASTOR ST
Bench
1
1
6390
SB GREENVILLE ST
FS CAMDEN PL
Bench
1
0
6391
SB GREENVILLE ST
VNS PENDLETON AVE
Bench
1
1
6392
NB HALLADAY ST
@ 2929 HALLADAY ST
Bench
0
0
6393
NB HALLADAY ST
FS DYER RD
Bench
1
2
6394
NB HALLADAY ST
NS EMMETT ST
Bench
1
1
6395
NB HALLADAY ST
NS CENTRAL AVE
Bench
0
0
6397
SB HALLADAY ST
FS WARNER AVE
Bench
1
1
6398
SB HALLADAY ST
NS CENTRAL AVE
Bench
0
1
6399
SB HALLADAY ST
NS GOETZ AVE
Bench
1
1
6400
SB HALLADAY ST
NS DYER RD
Bench
1
1
6401
SB HALLADAY ST
@ 3020 HALLADAY ST
Bench
0
0
6402
NB HARBOR BLVD
FS SUNFLOWER AVE
Shelter
1
1
Old
6403
NB HARBOR BLVD
FS LAKE CENTER DR
Shelter
1
1
Old
6404
NB HARBOR BLVD
FS MACARTHUR BLVD
Shelter
1
12
Old
6405
NB HARBOR BLVD
FS GARRY AVE
Bench
1
1
6407
NB HARBOR BLVD
FS SEGERSTROM AVE
Shelter
1
1
Old
6408
NB HARBOR BLVD
FS WARNER AVE
Shelter
1
1
Old
6409
NB HARBOR BLVD
FS KENT AVE
Bench
11
1
6410
NB HARBOR BLVD
FS MCFADDEN AVE
IShelter
12
2
New
OCTA ID
STREET of TRAVEL
BUS STOP LOCATION
Type
Bench
Trash Bins
Ad Pannel
New or Old Design
6411
NB HARBOR BLVD
FS CAM ILLE ST
Bench
1
0
6412
NB HARBOR BLVD
NS 1ST ST
Shelter
1
2
Old
6413
NB HARBOR BLVD
FS 5TH ST
Bench
0
0
6414
NB HARBOR BLVD
FS HAZARD AVE
Bench
1
1
6415
NB HARBOR BLVD
FS WASHINGTON AVE
Shelter
1
1
Old
6416
NB HARBOR BLVD
NS WESTMINSTER AVE
Shelter
11
1
Old
6417
SB HARBOR BLVD
FS WESTMINSTER AVE
Shelter
2
2
New
6418
SB HARBOR BLVD
OPP WASHINGTON AVE
Shelter
1
1
Old
6419
SB HARBOR BLVD
FS HAZARD AVE
Shelter
1
1
Old
6420
JSB HARBOR BLVD
NS 5TH ST
Bench
1
1
6421
SB HARBOR BLVD
FS 1ST ST
Shelter
1
1
Old
6422
SB HARBOR BLVD
OPP CAMILLE ST
Bench
1
1
6423
SB HARBOR BLVD
FS MCFADDEN AVE
Shelter
1
2
Old
6424
SB HARBOR BLVD
NS KENT AVE
Shelter
1
1
Old
6425
SB HARBOR BLVD
FS WARNER AVE
Shelter
1
0
Old
6427
SB HARBOR BLVD
FS SEGERSTROM AVE
Bench
11
1
6428
SB HARBOR BLVD
FS GARRY AVE
Bench
0
1
6432
NB MACARTHUR PL
OPP SANDPOINTE AVE
Bench
0
0
6433
NB LAWSON ST
FS MEMORY LN
Bench
1
1
6444
EB MACARTHUR BLVD
FS HARBOR BLVD
Bench
1
1
6445
EB MACARTHUR BLVD
FS HOME DEPOT
Bench
1
2
6446
EB MACARTHUR BLVD
FS SUSAN ST
Bench
0
1
6447
EB MACARTHUR BLVD
FS FAIRVIEW ST
Bench
1
1
6448
EB MACARTHUR BLVD
FS GREENVILLE ST
Bench
1
2
6449
EB MACARTHUR BLVD
FS RAITT ST
Bench
1
1
6450
EB MACARTHUR BLVD
FS TWILIGHT
Bench
1
1
6451
EB MACARTHUR BLVD
FS BEAR ST
Bench
0
0
6452
EB MACARTHUR BLVD
FS PLAZA DR
Bench
1
1
6453
EB MACARTHUR BLVD
FS BRISTOL ST
Bench
0
1
6454
EB MACARTHUR BLVD
FS ENT 1000 MACARTHUR VILLAGE APT
Shelter
0
0
Old
6455
EB MACARTHUR BLVD
OPP TOWNER ST
Bench
0
0
6456
JEBMACARTHUR BLVD
FS FLOWER ST
Bench
1
0
6457
1 EB MACARTHUR BLVD
FS PARTON ST
Bench
1
1
OCTA ID
STREET of TRAVEL
BUS STOP LOCATION
Type
Bench
Trash Bins
Ad Pannel
New or Old Design
6458
EB MACARTHUR BLVD
FS BIRCH ST
Bench
1
1
6459
EB MACARTHUR BLVD
FS MAIN ST
Shelter
1
1
Old
6461
WB MACARTHUR BLVD
FS MACARTHUR PLACE
Bench
0
1
6462
WB MACARTHUR BLVD
FS MAIN ST
Shelter
1
1
Old
6463
WB MACARTHUR BLVD
FS BIRCH ST
Shelter
1
1
Old
6464
WB MACARTHUR BLVD
FS PARTON ST
Bench
1
1
6465
WB MACARTHUR BLVD
FS FLOWER ST
Shelter
1
1
Old
6466
JWB MACARTHUR BLVD
FS TOWNER ST
Bench
0
1
6468
WB MACARTHUR BLVD
FS BRISTOL ST
Shelter
1
1
Old
6469
WB MACARTHUR BLVD
NS PLAZA DR
Shelter
1
1
Old
6470
WB MACARTHUR BLVD
FS GREENVILLE ST
Bench
1
1
6471
WB MACARTHUR BLVD
FS FAIRVIEW ST
Bench
1
1
6472
WB MACARTHUR BLVD
FS SUSAN ST
Bench
0
1
6473
WB MACARTHUR BLVD
VNS HARBOR BLVD HARBOR BUSINESS
Bench
1
1
6474
WB MACARTHUR BLVD
FS HARBOR BLVD
Shelter
1
1
Old
6475
WB MACARTHUR BLVD
FS CRODDY WAY
Bench
0
1
6476
WB MACARTHUR BLVD
OPP HYLAND AVE
Shelter
1
1
Old
6477
NB MAIN ST
OPP SUNFLOWER AVE
Bench
1
1
6478
NB MAIN ST
FS SANDPOINTE DR
Bench
1
1
6479
NB MAIN ST
FS MACARTHUR BLVD
Bench
0
10
6480
NB MAIN ST
FS ALTON AVE
Shelter
1
1
Old
6481
NB MAIN ST
FS DYER RD
Shelter
1
1
Old
6483
NB MAIN ST
NS CENTRAL AVE
Bench
0
0
6484
NB MAIN ST
FS WARNER AVE
Shelter
2
2
New
6486
NB MAIN ST
NS SAINT GERTRUDE PL
Shelter
2
2
New
6487
NB MAIN ST
NS SAINT ANDREW PL
Bench
1
1
6488
NB MAIN ST
FS BERKELEY ST
Bench
1
1
6490
NB MAIN ST
FS EDINGER AVE
Shelter
2
2
New
6493
NB MAIN ST
FS MCFADDEN AVE
Shelter
2
2
New
6496
NB MAIN ST
FS BISHOP ST
Shelter
2
2
New
6497
NB MAIN ST
NS CHESTNUT AVE
Shelter
2
1
New
6498
NB MAIN ST
INS 1ST ST
IShelter
14
2
lNew
6499
NB MAIN ST
I FS 4TH ST
IShelter
12
2
INew
OCTA ID
STREET of TRAVEL
BUS STOP LOCATION
Type
Bench
Trash Bins
Ad Pannel
New or Old Design
6500
NB MAIN ST
FS CIVIC CENTER DR
Bench
0
1
6501
NB MAIN ST
NS 10TH ST
Shelter
0
0
Old
6502
NB MAIN ST
NS WASHINGTON AVE
Bench
1
1
6503
NB MAIN ST
NS 15TH ST
Bench
1
1
6504
NB MAIN ST
FS 17TH ST
Shelter
1
1
Old
6505
NB MAIN ST
FS 20TH ST
Bench
1
1
6506
NB MAIN ST
OPP BUFFALO AVE
Shelter
1
1
Old
6508
NB MAIN ST
FS MEMORY LN
Shelter
1
11
Old
6509
SB MAIN ST
FS MAIN PLACE DR (N.LEG)
Shelter
1
2
Old
6510
SB MAIN ST
FS MAIN PLACE DR (S.LEG)
Bench
0
0
6511
SB MAIN ST
FS BUFFALO AVE
Shelter
1
1
Old
6512
SB MAIN ST
FS 20TH ST
Bench
0
1
6513
SB MAIN ST
NS 17TH ST
Shelter
2
2
Old
6514
SB MAIN ST
NS 15TH ST
Bench
0
1
6515
SB MAIN ST
NS WASHINGTON AVE
Shelter
1
1
Old
6516
SB MAIN ST
FS 10TH ST
Shelter
1
1
Old
6517
SB MAIN ST
NS CIVIC CENTER DR
Shelter
1
1
Old
6519
SB MAIN ST
FS 5TH ST
Shelter
4
3
New
6521
SB MAIN ST
FS 1ST ST
Shelter
2
2
New
6522
SB MAIN ST
FS CHESTNUT AVE
Shelter
2
2
INew
6523
SB MAIN ST
NS BISHOP ST
Bench
0
0
6529
SB MAIN ST
NS EDINGER AVE
Bench
1
1
6530
SB MAIN ST
FS POMONA ST
Shelter
2
2
New
6531
SB MAIN ST
FS SAINT ANDREW PL
Shelter
2
2
New
6532
SB MAIN ST
FS SAINT GERTRUDE PL
Shelter
2
2
New
6534
SB MAIN ST
FS WARNER AVE
Bench
1
1
6535
SB MAIN ST
OPP CENTRAL AVE
Bench
0
0
6537
SB MAIN ST
FS DYER RD
Bench
0
0
6538
SB MAIN ST
OPP ALTON AVE
Bench
0
0
6539
SB MAIN ST
FS COLUMBINE AVE
Bench
1
1
6540
SB MAIN ST
FS MACARTHUR BLVD
Bench
1
1
6541
SB MAIN ST
FS MURPHY AVE
Bench
11
1
6542
EB MCFADDEN AVE
IFS SAIL ST
113ench
11
11
OCTA ID
STREET of TRAVEL
BUS STOP LOCATION
Type
Bench
Trash Bins
Ad Pannel
New or Old Design
6543
EB MCFADDEN AVE
NS MAXINE ST
Bench
1
1
6544
EB MCFADDEN AVE
FS EUCLID ST
Bench
1
0
6545
EB MCFADDEN AVE
OPP HARMON ST
Bench
0
1
6546
EB MCFADDEN AVE
NS NEWHOPE ST
Bench
1
1
6547
EB MCFADDEN AVE
FS SHANNON ST
Bench
1
0
6548
EB MCFADDEN AVE
FS HARBOR BLVD
Shelter
4
2
New
6549
EB MCFADDEN AVE
OPP JACKSON ST
Bench
1
2
6550
EB MCFADDEN AVE
NS MOHAWK DR
Bench
1
1
6551
EB MCFADDEN AVE
FS FAIRVIEW ST
Shelter
2
2
New
6552
EB MCFADDEN AVE
NS SULLIVAN ST
Bench
1
2
6553
EB MCFADDEN AVE
NS CENTER ST
Bench
1
1
6554
EB MCFADDEN AVE
NS RAITT ST
Bench
1
1
6555
EB MCFADDEN AVE
OPP PACIFIC ST
Bench
0
0
6556
EB MCFADDEN AVE
NS BRISTOL ST
Shelter
1
2
Old
6558
EB MCFADDEN AVE
FS SHELTON ST
Bench
0
1
6559
EB MCFADDEN AVE
NS FLOWER ST
Bench
1
0
6560
EB MCFADDEN AVE
FS VAN NESS AVE
Bench
1
1
6562
EB MCFADDEN AVE
NS HICKORY ST
Bench
1
1
6563
EB MCFADDEN AVE
NS STANDARD AVE
Bench
0
2
6564
EB MCFADDEN AVE
OPP HATHAWAY ST
Bench
0
1
6565
EB MCFADDEN AVE
FS GRAND AVE
Bench
1
1
6566
EB MCFADDEN AVE
NS WRIGHT ST
Bench
0
1
6567
EB MCFADDEN AVE
FS LYON ST
Bench
1
2
6568
EB MCFADDEN AVE
NS RITCHEY ST
Bench
1
1
6569
EB MCFADDEN AVE
OPP WILLIAMS ST
Bench
1
1
6570
EB MCFADDEN AVE
NS VILLAGE WAY
Bench
1
1
6571
WB MCFADDEN AVE
FS RAITT ST
Bench
1
1
6572
WB MCFADDEN AVE
FS LYON ST
Bench
0
2
6573
WB MCFADDEN AVE
NS LINWOOD AVE
Bench
0
1
6574
WB MCFADDEN AVE
FS GRAND AVE
Shelter
1
2
Old
6575
WB MCFADDEN AVE
FS HATHAWAY ST
Bench
0
2
6576
WB MCFADDEN AVE
FS STANDARD AVE
IShelter
12
12
6577
WB MCFADDEN AVE
INS CEDAR ST
I Bench
11
11
OCTA ID
STREET of TRAVEL
BUS STOP LOCATION
Type
Bench
Trash Bins
Ad Pannel
New or Old Design
6578
WB MCFADDEN AVE
NS OAK ST
Bench
1
1
6579
WB MCFADDEN AVE
FS SYCAMORE ST
Shelter
4
2
New
6580
WB MCFADDEN AVE
FS BIRCH ST
Bench
1
1
6581
WB MCFADDEN AVE
NS VAN NESS AVE
Bench
1
1
6582
WB MCFADDEN AVE
NS FLOWER ST
Bench
1
1
6583
WB MCFADDEN AVE
NS SHELTON ST
Bench
0
0
6585
WB MCFADDEN AVE
FS BRISTOL ST
Shelter
2
2
New
6586
JWB MCFADDEN AVE
FS PACIFIC AVE
Bench
1
1
6587
WB MCFADDEN AVE
FS CENTER ST
Bench
1
2
6588
WB MCFADDEN AVE
FS SULLIVAN ST
Bench
0
1
6589
WB MCFADDEN AVE
NS FAIRVIEW ST
Bench
1
2
6590
WB MCFADDEN AVE
VFS MOHAWK DR
Bench
1
0
6591
WB MCFADDEN AVE
OPP RIVERVIEW MARKET PLACE
Bench
0
1
6592
WB MCFADDEN AVE
NS HARBOR BLVD
Shelter
1
2
Old
6593
WB MCFADDEN AVE
FS DENNIS ST
Bench
0
1
6594
WB MCFADDEN AVE
OPP SHANNON ST
Bench
0
1
6595
WB MCFADDEN AVE
FS NEWHOPE ST
Bench
0
1
6596
WB MCFADDEN AVE
@ CORTA DR
Bench
1
1
6597
WB MCFADDEN AVE
FS EUCLID ST
Bench
1
2
6598
WB MCFADDEN AVE
FS MAXINE ST
Bench
1
1
6599
WB MCFADDEN AVE
NS SAIL ST
Bench
1
1
6601
EB MEMORY LN
FS MAIN ST
Bench
1
1
6603
WB MEMORY LN
FS BRISTOL ST
Bench
1
2
6626
NB RAITT ST
FS MCFADDEN AVE
Bench
0
10
6627
NB RAITT ST
FS WISTERIA PL
Bench
0
0
6628
NB RAITT ST
FS WILLITS ST
Bench
1
1
6629
NB RAITT ST
FS CHESTNUT AVE
Bench
0
1
6630
NB RAITT ST
FS WALNUT ST
Bench
0
1
6631
NB RAITT ST
NS SANTA ANA BLVD
Bench
1
1
6636
SB RAITT ST
NS 3RD ST
Bench
1
1
6637
SB RAITT ST
FS 1ST ST
Bench
1
0
6638
SB RAITT ST
IFS PINE ST
Bench
1
1
6639
SB RAITT ST
I FS WILLITS ST
113ench
11
1
OCTA ID
STREET of TRAVEL
BUS STOP LOCATION
Type
Bench
Trash Bins
Ad Pannel
New or Old Design
6640
SB RAITT ST
OPP WISTERIA PL
Bench
0
0
6641
SB RED HILL AVE
FS WARNER AVE
Shelter
1
1
Old
6642
SB RED HILL AVE
FS CARNEGIE AVE
Shelter
1
1
Old
6644
SB RED HILL AVE
FS DYER RD
Bench
0
1
6645
SB RED HILL AVE
FS DEERE AVE
Shelter
0
1
Old
6648
NB ROSS ST
NS 3RD ST
Shelter
1
1
Old
6649
NB ROSS ST
NS 4TH ST
Bench
1
1
6651
JSB ROSS ST
FS SANTA ANA BLVD
Shelter
1
1
Old
6652
SB ROSS ST
FS 3RD ST
Bench
1
1
6666
EB SAINT GERTRUDE PL
NS SANTA FIE ST
Bench
1
1
6668
WB SAINT GERTRUDE PL
NS EASTWOOD ST
Bench
1
1
6669
WB SAINT GERTRUDE PL
OPP SANTA FE ST
Bench
1
1
6676
EB SANTA ANA BLVD
VFS SANTIAGO ST
Bench
1
1
6677
EB SANTA ANA BLVD
FS FULLER ST
Bench
1
1
6679
WB SANTA ANA BLVD
FS GRAND AVE
Bench
1
1
6681
WB SANTA ANA BLVD
NS SANTIAGO ST
Bench
0
0
6696
NB STANDARD AVE
FS SAINT GERTRUDE PL
Bench
1
1
6698
NB STANDARD AVE
OPP SAINT ANDREW PL
Bench
1
1
6699
NB STANDARD AVE
OPP OCCIDENTAL ST
Bench
1
1
6700
NB STANDARD AVE
FS EDINGER AVE
Bench
1
1
6701
NB STANDARD AVE
NS WILSHIRE AVE
Bench
1
1
6702
NB STANDARD AVE
NS MCFADDEN AVE
Bench
1
2
6703
NB STANDARD AVE
FS WAKEHAM AVE
Bench
1
1
6704
NB STANDARD AVE
FS BISHOP ST
Bench
1
1
6705
SB STANDARD AVE
FS CHESTNUT AVE
Bench
1
1
6706
SB STANDARD AVE
FS BISHOP ST
Bench
1
1
6707
SB STANDARD AVE
FS WAKEHAM AVE
Bench
1
1
6708
SB STANDARD AVE
FS MCFADDEN AVE
Bench
0
1
6709
SB STANDARD AVE
FS HOBART ST
Bench
1
1
6710
SB STANDARD AVE
FS EDINGER AVE
Bench
0
1
6711
SB STANDARD AVE
NS OCCIDENTAL ST
Bench
1
1
6712
SB STANDARD AVE
IFS SAINT ANDREW PL
Bench
1
1
6713
WB SUNFLOWER AVE
IFS MAIN ST
Bench
1
1
OCTA ID
STREET of TRAVEL
BUS STOP LOCATION
Type
Bench
Trash Bins
Ad Pannel
New or Old Design
6714
WB SUNFLOWER AVE
OPP ANTON BLVD
Bench
1
1
6715
WB SUNFLOWER AVE
FS BRISTOL ST
Shelter
2
2
Old
6716
WB SUNFLOWER AVE
FS PLAZA DR
Shelter
0
1
Old
6717
WB SUNFLOWER AVE
NS RAITT ST
Bench
1
1
6718
WB SUNFLOWER AVE
OPP SMALLEY RD
Bench
1
1
6719
WB SUNFLOWER AVE
FS GREENVILLE ST
Bench
0
1
6720
WB SUNFLOWER AVE
FS FAIRVIEW ST
Bench
1
1
6721
JWB SUNFLOWER AVE
FS SUSAN ST
Bench
1
1
6722
WB SUNFLOWER AVE
VNS HARBOR BLVD (600ft)
Bench
0
0
6724
NB TUSTIN AVE
FS 4TH ST
Shelter
1
1
Old
6726
NB TUSTIN AVE
OPP FRUIT ST
Bench
1
1
6727
NB TUSTIN AVE
OPP WELLINGTON AVE (150ftN)
Bench
1
1
6728
NB TUSTIN AVE
FS CATALINA AVE
Bench
1
1
6729
NB TUSTIN AVE
FS SANTA CLARA AVE
Bench
1
1
6730
NB TUSTIN AVE
FS FRANZEN AVE
Shelter
1
1
Old
6731
SB TUSTIN AVE
OPP FRANZEN AVE
Shelter
1
1
Old
6732
SB TUSTIN AVE
FS SANTA CLARA AVE
Bench
1
1
6733
SB TUSTIN AVE
FS CATALINA AVE
Bench
1
1
6734
SB TUSTIN AVE
FS 17TH ST
Shelter
0
1
Old
6736
SB TUSTIN AVE
FS WELLINGTON AVE
Bench
1
11
6737
SB TUSTIN AVE
FS FRUIT ST
Bench
0
1
6738
SB TUSTIN AVE
NS 6TH ST
Bench
1
1
6739
SB TUSTIN AVE
FS 4TH ST
Bench
1
1
6740
EB WARNER AVE
FS HARBOR BLVD
Shelter
1
1
Old
6741
EB WARNER AVE
OPP YALE ST
Bench
1
1
6742
EB WARNER AVE
NS SUSAN ST
Bench
1
0
6743
EB WARNER AVE
FS FAIRVIEW ST
Shelter
1
2
Old
6744
EB WARNER AVE
FS GREENVILLE ST
Bench
1
1
6745
EB WARNER AVE
FS DIAMOND ST
Bench
1
1
6746
EB WARNER AVE
FS RAITT ST
Bench
1
1
6748
EB WARNER AVE
FS PACIFIC AVE
Bench
1
1
6749
EB WARNER AVE
FS BRISTOL ST
IShelter
11
1
1
jOld
6750
EB WARNER AVE
JOPP ROSEWOOD AVE
I Bench
11
1
OCTA ID
STREET of TRAVEL
BUS STOP LOCATION
Type
Bench
Trash Bins
Ad Pannel
New or Old Design
6751
EB WARNER AVE
FS FLOWER ST
Bench
1
1
6753
EB WARNER AVE
OPP VAN NESS AVE
Bench
0
0
6754
EB WARNER AVE
FS BIRCH ST
Bench
1
1
6755
EB WARNER AVE
FS MAIN ST
Bench
1
2
6756
EB WARNER AVE
FS MAPLE ST
Bench
0
1
6757
EB WARNER AVE
NS HALLADAY ST
Bench
0
1
6758
EB WARNER AVE
OPP STANDARD AVE
Bench
0
0
6759
EB WARNER AVE
FS GRAND AVE
Bench
1
1
6760
EB WARNER AVE
NS BROOKHOLLOW DR
Bench
1
1
6761
EB WARNER AVE
FS PULLMAN ST
Bench
1
1
6763
WB WARNER AVE
FS WRIGHT AVE
Bench
1
1
6764
WB WARNER AVE
FS GRAND AVE
Bench
1
2
6765
WB WARNER AVE
FS HATHAWAY ST
Bench
1
1
6766
WB WARNER AVE
FS STANDARD AVE
Bench
1
1
6767
WB WARNER AVE
NS HALLADAY ST
Bench
0
1
6768
WB WARNER AVE
NS MAPLE ST
Bench
1
1
6769
WB WARNER AVE
FS MAIN ST
Bench
1
2
6770
WB WARNER AVE
OPP BIRCH ST
Bench
0
1
6771
WB WARNER AVE
FS FLOWER ST
Bench
1
1
6772
WB WARNER AVE
FS SHELTON ST
Bench
1
1
6773
WB WARNER AVE
FS BRISTOL ST
Shelter
1
1
Old
6774
WB WARNER AVE
FS PACIFIC AVE
Bench
1
1
6775
WB WARNER AVE
FS RENE DR
Bench
1
1
6777
WB WARNER AVE
FS RAITT ST
Bench
1
1
6778
WB WARNER AVE
FS CENTER ST
Bench
1
1
6779
WB WARNER AVE
FS GREENVILLE ST
Bench
1
1
6780
WB WARNER AVE
FS FAIRVIEW ST
Shelter
1
1
Old
6781
WB WARNER AVE
FS SUSAN ST
Bench
0
1
6782
WB WARNER AVE
NS YALE ST
Bench
0
1
6783
WB WARNER AVE
FS HARBOR BLVD
Shelter
1
1
Old
6800
NB THE DEPOT RDWY
@ DOCK 1
N/A
0
0
0
N/A
6801
NB THE DEPOT RDWY
1@ DOCK 2
1 N/A
10
10
10
1 N/A
6802
NB THE DEPOT RDWY
1@ DOCK 3
1 N/A
10
10
10
1 N/A
OCTA ID
STREET of TRAVEL
BUS STOP LOCATION
Type
Bench
Trash Bins
Ad Pannel
New or Old Design
6803
WB THE DEPOT RDWY
@ DOCK 10
N/A
0
0
0
N/A
6804
WB THE DEPOT RDWY
@ DOCK 9
N/A
0
0
0
N/A
7684
NB PLAZA DR
FS SUNFLOWER AVE
Bench
1
1
Bench
7685
WB SANDPOINTE AVE
FS MACARTHUR PL
Bench
0
0
Bench
7787
SB MAIN ST
FS MCFADDEN AVE
Shelter
2
2
New
7788
EB FRUIT ST
NS TUSTIN AVE (ZONE 1)
N/A
0
0
0
N/A
7789
EB FRUIT ST
NS TUSTIN AVE (ZONE 2)
N/A
0
0
0
N/A
7791
EB MCFADDEN AVE
FS MAIN ST
Shelter
2
2
New
7792
WB MCFADDEN AVE
FS ORANGE AVE
Bench
1
1
Bench
7794
EB MCFADDEN AVE
NS BIRCH ST
Bench
1
1
Bench
7795
EB MCFADDEN AVE
FS ORANGE AVE
Bench
1
1
Bench
7903
WB MACARTHUR BLVD
FS RAITT ST
Bench
0
1
Bench
7994
WB SAINT ANDREW PL
FS LYON ST
Bench
1
1
Bench
7996
EB SAINT ANDREW PL
FS GRAND AVE
Bench
1
1
Bench
7997
NB LYON ST
FS SAINT ANDREW PL
Bench
1
1
Bench
8013
EB CIVIC CENTER DR
FS RAITT ST
Bench
1
1
Bench
8017
EB CIVIC CENTER DR
FS GARFIELD ST
Bench
0
0
Bench
8018
SB SANTIAGO AVE
FS CIVIC CENTER DR
Bench
0
0
Bench
8020
WB CIVIC CENTER DR
FS SANTIAGO AVE
Bench
0
0
Bench
8021
WB CIVIC CENTER DR
FS GARFIELD ST
Bench
0
0
Bench
8023
WB CIVIC CENTER DR
NS MAIN ST
Bench
0
0
Bench
8131
EB GARDEN GROVE BLVD
OPP THE CITY DR
Bench
1
0
0
Old
8132
WB MACARTHUR BLVD
FS BEAR ST
Bench
1
1
Bench
8147
NB SANTA ANA BASE INTERIOR RDWY
@ LAYOVER ZONE
N/A
0
0
0
N/A
8169
NB FIRST AMERICAN WAY
VNS COLUMBINE AVE
Bench
1
0
0
Old
8170
SB FIRST AMERICAN WAY
VFS COLUMBINE AVE
Bench
1
0
0
Old
8485
SB RAITT ST
FS CIVIC CENTER DR
Bench
1
1
Bench
8550
WB 4TH ST
NS CABRILLO PARK DR
Bench
0
0
Bench
8551
EB 4TH ST
FS CABRILLO PARK DR
Bench
0
0
Bench
8606
NB BRISTOL ST
FS WASHINGTON AVE
Bench
0
0
Bench
8612
EB CIVIC CENTER DR
FS MAIN ST
Bench
1
1
Bench
AGREEMENT BETWEEN THE CITY OF SANTA ANA AND
FOCUS MEDIA GROUP, INC. FOR THE INSTALLATION, MAINTENANCE, REPAIR AND
ADVERTISING OF BUS SHELTERS, BUS BENCHES AND IUOSKS
This Agreement is made and entered into this 18th day of January 2022 by and between Focus Media
Group, Inc., an Oklahoma corporation, ("Company"), and the City of Santa Ana, a charter city and
municipal corporation organized and existing under the Constitution and laws.of the State of California
("City"). City and Company may at times be referred to individually as a "Party," and collectively as
"Parties".
RECITAT,S
A. The City desires to retain a company having special skill and knowledge in the field of selling
advertising through out -of -home media assets — specifically, street furniture, and the installation,
maintenance and operation of advertising -supported bus shelters, bus benches and kiosks.
B. The City is authorized to enter into agreements for the installation, operation and maintenance of
bus shelters, bus benches, and kiosks and otherwise regulate the use and encroachments into the
public -right-of-way within the City's boundaries by virtue of its Charter, by its police powers, by
its authority over its public rights of way and by other City powers and authority.
C. Company represents that Company is able and willing to provide such services to the City and that
it has the financial, legal and technical ability to provide the services, facilities and equipment as
set forth in this Agreement.
D. Company has agreed to comply with the applicable regulations pertaining to transit advertising
services, including but not limited to applicable provisions of the City of Santa Ana Municipal
Code.
E. In undertaking the performance of this Agreement, Company represents that it is knowledgeable
in its field and that any services performed by Company under this Agreement will be performed
in compliance with such standards as may reasonably be expected from a professional firm in the
field.
F. The terms and conditions of this Agreement are reasonable to meet the future transit -related needs
and interests of the community, taking into account the cost of meeting such needs and interests.
G. The Parties wish to enter into an arrangement pursuant to which Company shall install, maintain,
and operate advertising -supported bus stops, bus shelters and kiosks throughout the City and shall
share revenue from advertising with the City.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms
and conditions hereinafter set forth, the Parties agree as follows:
Page 1 of 27
1. SCOPE OF SERVICES
During the Term of this Agreement, Company shall perform the tasks and obligations including
all labor, materials, tools, equipment, and incidental customary work required to fully and adequately
complete the services described and set forth in the Scope of Services - Exhibit A, attached hereto and
incorporated by reference. Company shall provide maintenance and cleaning services of all of the bus
stops, bus shelters and kiosks in the City as required by the City. Collectively, all the advertising at City
bus stops, bus shelters, and kiosks are called "Advertising Inventory". "Street Furniture" shall include
but is not limited to bus stop shelters, kiosks, benches, trash receptacles, signs (including LED solar signs),
posts, information map cases, schedule holders, outdoor advertising displays (both static and digital),
secure bicycle racks, and ancillary equipment and structures. The Parties acknowledge that the Scope of
Services for this Agreement shall be limited to Street Furniture located within a bus stop "Site Area" with
the exception of kiosks and outdoor advertising displays (both static and digital) that may be located within
and/or outside a bus stop Site Area. For purposes of this Agreement, ("Site Area") includes all area
within twenty (20) feet of the outer edges of all bus stop furniture/fixtures (e.g. shelters, benches,
receptacles, signs (including LED solar signs), posts, improvements, sidewalks, curbs and gutters,
pavement, etc.) at each location and from right-of-way to curb face, all furniture/fixtures within the Site
Area and only that area which is part of the public right of way (e.g., sidewalks and streets open to public
access).
2. TERM & COMMENCEMENT
Company shall begin to provide services at a date to be determined by the City, which shall be no
later than thirty (30) days after the date first written above ("Effective Date"). The Agreement shall
commence on the Effective Date for a ten (10) year term (the "Term") with the option for the City to
grant up to one (1) five (5) year renewal (the "Renewal Term"), if Company has paid the City at least
$100,000 in Revenue Share above the MAG (as defined in Section 4 below) over the Term of the
Agreement. The Renewal Term must be exercised in writing by the City Manager and the City Attorney,
unless terminated earlier in accordance with Section 18, below.
3. LICENSE
The City hereby grants to Company an exclusive license for the right to enter and use the Street
Furniture beginning on the Effective Date, for the performance of the Scope of Services, upon the terms
and conditions set forth herein in this Agreement, subject to Company's performance of all of its
obligations under this Agreement. This Agreement is intended and shall be construed only as a revocable
license to use the properties and not as a lease or grant of any possessory or other interest.
Company shall not use, and shall prohibit its Agents or Invitees from using, the Property other than
performing the Scope of Services. The term "Agents" shall mean Company's officers, directors, members,
agents, employees, invitees, subcontractors and any employees of such parties. The term "Invitees" shall
mean Company's invitees, guests, customers, tenants, or business visitors.
Page 2 of 27
4. COMPENSATION TO CITY
Company shall pay the City the greater of the revenue share generated from the Advertising
Inventory or the minimum annual guarantee ("MAG"). The Revenue Share is defined as 25% of the
Gross Advertising Revenue. Gross Advertising Revenue shall be defined as gross advertising revenue
received from the sale of the Advertising Inventory without any deductions.
The MAG shall be calculated as $60 per ad shelter or kiosk per month ($720 per year). MAG
payments shall be adjusted on a quarterly basis based on the number of bus stops with ad shelters or kiosks
that are operational in such quarter. MAG payments and a forecast of revenue and payments based on the
current number of bus shelters and kiosks is provided in Exhibit B, attached hereto and incorporated by
reference. If, at any time during the Term, Company and City agree to add additional bus stops or bus
shelters after the Effective Date, the MAG payment shall be increased for each additional ad shelter or
kiosk by $60 per ad shelter or kiosk per month ($720 per year). The MAG shall be increased annually at
the end of each 12-month period from the effective date of this Agreement by a percentage equal to the
percentage change in the Consumer Price Index (CPI) statistics for all Urban Consumers for the Los
Angeles -Long Beach -Anaheim area, as published by the United States Bureau of Labor
(CUURS49ASA0). The percentage change shall be determined with reference to the year over year
percentage change in CPI for the prior 12-month period ending in December.
After the Effective Date and with prior written approval from the City, Company may install up
to ten (10) Company owned kiosks ("Company Owned Kiosks") at approved locations to generate
additional income at the beginning of the Term. Company Owned Kiosks shall adhere to the City's design
guidelines as provided in Exhibit A and be painted black by the Company at Company's own expense.
The Parties acknowledge that, at a later date, the City, at its sole discretion, may replace the Company
Owned Kiosks with City owned kiosks. All Company Owned Kiosks shall be excluded from the MAG
calculation until replaced with City owned kiosks. All revenue generated by the Company Owned Kiosks
shall be included in the Revenue Share calculations.
Company shall not derive revenue from any other sources other than advertising ("Ancillary
Revenue") without prior approval from the City Council.
5. PAYMENTS
MAG payments shall commence the first full calendar month after the Effective Date of the
contract. On a quarterly basis, Company shall pay the greater of the Revenue Share amount or the MAG
amount within thirty (30) days of the end of each calendar quarter (the "Revenue Payment").
The Quarterly Maintenance Services Cost, as defined in Exhibit A, shall be subtracted from the
quarterly Revenue Payment. If the difference is positive, such amount shall be paid to the City. In the
event the difference is negative:
a. The negative balance shall be carried forward for up to three (3) years and offset by the MAG or
the Revenue Share.
b. At the end of the 4th year, any remaining negative balance shall be waived.
c. After the 4th year, any negative balance for the rest of the Term shall be waived.
Page 3 of 27
Payments shall be made payable to the City at the following address: City of Santa Ana Public
Works Agency, City of Santa Ana M-21, Administrative Services Manager, 20 Civic Centel Plaza, PO
Box 1988, Santa Ana, CA 92702. A late charge of ten percent (10%) shall be applied to any payment
hereunder due but unpaid after the 30th day of each calendar quarter.
6. PREVAILING WAGES
If required by law, Company shall satisfy the requirements of California Labor Code Section 1720,
et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq.,
("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of
other requirements on "public works" and "maintenance" projects. Company shall defend, indemnify and
hold the City, its elected officials, officers, employees and agents free and harmless from any claim or
liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws if so
required.
7. INDEPENDENT CONTRACTOR
Company shall, during the entire term of this Agreement, be construed to be an independent
contractor and not an employee of the City. This Agreement is not intended, nor shall it be construed to
create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise
discretion or control over the professional manner in which Company performs the services which are the
subject matter of this Agreement; however, the services to be provided by Company shall be provided in
a manner consistent with all applicable standards and regulations governing such services. Company shall
pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes
relating to employees and shall be responsible for all applicable withholding taxes.
8. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse,
or sublicense any and all copyrights, designs, and other intellectual property embodied in plans,
specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any
tangible medium of expression, including but not limited to, physical drawings or data magnetically or
otherwise recorded electronically, which are prepared or caused to be prepared by Company under this
Agreement ("Documents & Data"). Company shall require all subcontractors to agree in writing that City
is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares
under this Agreement. Company represents and warrants that Company has the legal right to license any
and all Documents & Data. Company makes no such representation and warranty regarding Documents
& Data which were provided to Company by the City. City shall not be limited in any way in its use of
the Documents and Data at any time, provided that any such use not within the purposes intended by this
Agreement shall be at City's sole risk.
9. INSURANCE
Company shall procure and maintain for the duration of the contract insurance against claims
forinjuries to persons or damages to property which may arise from or in connection with the
Page 4 of 27
performance of the work hereunder and the results of that work by the Company, his agents,
representatives, employees or subcontractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
• Commercial General Liability (CGL): Insurance Services Office Form CG 00 01
covering CGL on an "occurrence" basis, including products and completed operations,
property damage, bodily injury and personal & advertising injury with limits no less than
$1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate
limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general
aggregate limit shall be twice the required occurrence limit.
• Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if
Company has no owned autos, hired, (Code 8) and non -owned autos (Code 9), with limitno
less than $1,000,000 per accident for bodily injury and property damage.
• Workers' Compensation: as required by the State of California, with Statutory Limits,
and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for
bodily injury or disease.
If the Company maintains broader coverage and/or higher limits than the minimums shown
above, the City requires and shall be entitled to the broader coverage and/or the higher limits
maintained by the Company. Any available insurance proceeds in excess of the specified
minimum limits of insurance and coverage shall be available to the City.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City, its officers, officials, employees, and volunteers are to be covered as additional
insureds on the CGL policy with respect to liability arising out of work or operations performed
by or on behalf of the Company including materials, parts, or equipment furnished in
connectionwith such work or operations. General liability coverage can be provided in the
form of an endorsement to the Company's insurance (at least as broad as ISO Form CG 20 10
11 85 or if notavailable, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG
20 38; and CG 2037 if a later edition is used).
Primary Coverage
For any claims related to this contract, the Company's insurance coverage shall be primary
coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials,
employees, and volunteers. Any insurance or self-insurance maintained by the City, its
officers, officials, employees, or volunteers shall be excess of the Company's insurance and
shall not contribute with it.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except
with notice to the City.
Page 5 of 27
Waiver of Subrogation
Company hereby grants to City a waiver of any right to subrogation which any insurer of said
Company may acquire against the City by virtue of the payment of any loss under such
insurance. Company agrees to obtain any endorsement that may be necessary to affect this
waiverof subrogation, but this provision applies regardless of whether or not the City has
received a waiver of subrogation endorsement from the insurer.
Self -Insured Retentions
Self -insured retentions must be declared to and approved by the City. The City may require the
Company to purchase coverage with a lower retention or provide proof of ability to pay losses
and related investigations, claim administration, and defense expenses within the retention.
The policy language shall provide, or be endorsed to provide, that the self -insured retention
may be satisfied by either the named insured or City.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M.
Best's rating of no less than AXII, unless otherwise acceptable to the City.
Claims Made Policies (note — should be applicable only to professional liability, see below)
If any of the required policies provide claims -made coverage:
1. The Retroactive Date must be shown, and must be before the date of the contract or
thebeginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at
least five (5) years after completion of the contract of work.
3. If coverage is canceled or non -renewed, and not replaced with another claims -
made policy form with a Retroactive Date prior to the contract effective date, the
Company must purchase "extended reporting" coverage for a minimum of five (S)
years after completion of work.
Verification of Coverage
Company shall furnish the City with original Certificates of Insurance including all required
amendatory endorsements (or copies of the applicable policy language effecting coverage
requiredby this clause) and a copy of the Declarations and Endorsement Page of the CGL policy
listing allpolicy endorsements to City before work begins. However, failure to obtain the
required documents prior to the work beginning shall not waive the Company's obligation to
provide them.
The City reserves the right to require complete, certified copies of all required insurance policies,
including endorsements required by these specifications, at any time.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of
therisk, prior experience, insurer, coverage, or other special circumstances.
Page 6 of 27
10. INDEMNIFICATION
Company agrees to defend, and shall indemnify and hold harmless the City, its officers, agents,
employees, special counsel, and representatives from liability: (1) for personal injury, damages, just
compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including
death, and claims for property damage, which may arise from the negligent operations of the Company,
its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services
described in Exhibit A of this Agreement; and (2) from any claim that personal injury, damages, just
compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising
from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just
compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason
of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement.
Company further agrees to indemnify, hold harmless, and pay all costs for the defense of the City,
including fees and costs for special counsel to be selected by the City, regarding any action by a third party
challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation,
restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of,
or effects arising from this Agreement. City may make all reasonable decisions with respect to its
representation in any legal proceeding. Notwithstanding the foregoing, to the extent Company's services
are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by
Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness,
or willful misconduct of the Company.
11. INTELLECTUAL PROPERTY INDEMNIFICATION
Company shall defend and indemnify the City, its officers, agents, representatives, and employees
against any and all liability, including costs, for infringement of any United States' letters patent,
trademark, or copyright infringement, including costs, contained in the work product or documents
provided by Company to the City pursuant to this Agreement.
12. RECORDS
All financial records of Company shall be maintained in accordance with generally accepted
accounting principles and auditing standards for government institutions. Company shall make available
for examination and copying such financial books and financial records. City shall have the right to access
and examine such financial books and financial records, without charge, during normal business hours.
City shall further have the right to audit such financial books and financial records, to make transcripts
therefrom and to inspect all program data, documents, proceedings, and activities.
Company shall keep and maintain all such books and records separate and distinct from other
records and accounts and shall maintain such books and records for at least seven (7) years after acceptance
by City, or such longer period during which any legal proceeding with respect to the work may be pending.
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13. CONFIDENTIALITY
If Company receives from the City information which due to the nature of such information is
reasonably understood to be confidential and/or proprietary, Company agrees that it shall not use or
disclose such information except in the performance of this Agreement, and further agrees to exercise the
same degree of care it uses to protect its own information of like importance, but in no event less than
reasonable care. "Confidential Information" shall include all nonpublic information. Confidential
information includes not only written information, but also information transferred orally, visually,
electronically, or by other means. Confidential information disclosed to either party by any subsidiary
and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and
nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources;
(b) is, through no fault of the Company disclosed in a publicly available source; (c) is in rightful possession
of the Company without an obligation of confidentiality; (d) is required to be disclosed by operation of
law; or (e) is independently developed by the Company without reference to information disclosed by the
City.
14. CONFLICT OF INTEREST CLAUSE
Company covenants that it presently has no interests and shall not have interests, direct or indirect,
which would conflict in any manner with performance of services specified under this Agreement.
15. DISCRIMINATION
Company shall not discriminate because of race, color, creed, religion, sex, marital status, sexual
orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the
recruitment, selection, training, utilization, promotion, termination or other employment related activities.
Company affirms that it is an equal opportunity employer and shall comply with all applicable federal,
state and local laws and regulations.
16. EXCLUSIVITY AND AMENDMENT
For the Term of this Agreement, Company shall be the exclusive advertising and maintenance
partner to the City for its Street Furniture. Furthermore, Company shall have the exclusive right to
represent, manage, and sell the Advertising Inventory. This Agreement does not include digital
community kiosks that provide information of interest to residents and tourists and/or any stops or
infrastructure related to the OC Streetcar that is scheduled to begin service at some time following the
Effective Date of this Agreement. The rights under this Agreement may include a possible nonexclusive
future digital option at future Street Furniture locations as determined by the City. This option would
provide digital advertising kiosks that may be built in the future which will be serviced and compensated
pursuant to mutually agreeable terms to be negotiated in writing by the parties at a later date.
This Agreement represents the complete and exclusive statement between the City and Company,
and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict
between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail.
Page 8 of 27
This Agreement may not be modified except by written instrument signed by the City Manager or
their designee and by an authorized representative of Company. The parties agree that any terms or
conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms
and conditions hereof, shall not bind or obligate Company or the City. Each party to this Agreement
acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have
been made by any party, or anyone acting on behalf of any party, which is not embodied herein.
17. ASSIGNMENT
City and Company acknowledge that Company was chosen for this Agreement due in part to its
particular experience and expertise in the provision of bus shelters, bus stops and kiosks. Inasmuch as this
Agreement is intended to secure the specialized services of Company, Company may not assign, transfer,
delegate, or subcontract any interest herein without the prior written consent of the City and any such
assignment, transfer, delegation or subcontract, without the City's prior written consent, shall be
considered null and void.
Nothing in this Agreement shall be construed to limit the City's ability to have any of the services
which are the subject to this Agreement performed by City personnel or by other companies retained by
City.
18. TERMINATION
A. Upon the occurrence of anyone or more of the events of default hereinafter described, this
Agreement shall be subject to termination. As a condition precedent thereto, the City will give Company
such notice as provided below, by certified mail or personal delivery of the date set for termination thereof,
the grounds therefor; and that an opportunity to be heard thereon will be afforded on or before said date,
if a request is made therefor.
Events of Default:
a. The failure of the Company to punctually make the payments herein when due, where the
delinquency continues beyond ten (10) days following written notice for payment thereof.
b. The failure of the Company to operate in the manner required by this Agreement, where
such failure continues for more than thirty (30) days after written notice from the City to
correct the condition therein specified.
c. The failure of the Company to construct and/or install the bus shelters, bus benches or other
improvements pursuant to mutually agreed upon installation dates, where such failure
continues for more than thirty (30) days after service of notice by the City as provided
above.
d. The failure to maintain the bus shelter, bus benches, and the required improvements
pursuant to this Agreement in the state of repair required, and in a clean, sanitary, safe and
satisfactory condition, where such failure continues for more than thirty (30) days after
written notice from the City for correction thereof, provided that where fulfillment of such
obligation requires activity over a period of time and Company shall have immediately,
following receipt of such notice, commenced to perform whatever may be required to cure
Page 9 of 27
the particular default and continues such performance diligently, said time limit may be
waived in the manner and to the extent allowed by the City.
e. The failure of Company to keep, perform, and observe all other promises, covenants,
conditions, and agreements set forth in this Agreement, where such failure continues for
more than thirty (30) days after written notice from the City for correction thereof, provided
that where fulfillment of such obligation requires activity over a period of time and
Company shall have commenced to perform whatever may be required to cure the
particular default within ten (10) days after such notice and continues such performance
diligently, said time limit may be waived in the manner and to the extent allowed by the
City.
f. The filing of a voluntary petition in bankruptcy by the Company; the adjudication of
Company as bankrupt; the appointment of any receiver of Company's assets; the malting
of a general assignment for the benefit of creditors; a petition or answer seeking an
arrangement for the reorganization of the Company under any Federal Reorganization Act,
including petitions or answers under Chapters X or XI of the Bankruptcy Act; the
occurrence of any act which operates to deprive the Company permanently of the rights,
powers, and privileges necessary for the proper conduct and operation of the bus shelters;
the levy of any attachment or execution which substantially interferes with the Company's
operations under this Agreement and which attachment or execution is not vacated,
dismissed, stayed or set aside within a period of ninety (90) days.
This Agreement may be terminated by the City for any of the above -listed events of default after
providing written notice to Company and if the event of default is not cured within the specified cure
period provided in this Section. City shall be entitled to receive, and the Company shall pay City earned
revenue from advertising in the form of the pro -rated MAG payment and/or the Revenue Payment up to
the date of termination.
B. Notwithstanding subsection A. of this Section, after five (5) years from the Effective Date, this
Agreement may be terminated for convenience by the City upon ninety (90) days written notice of
termination. In such event, Company shall be entitled to receive and the City shall pay Company
compensation for all services performed by Company prior to the termination date.
C. In the event City is paying Company for services, as a condition of such payment, Company
shall provide all services paid for by the City and work product(s) completed as of the date of termination.
19. SECURITY FOR PERFORMANCE
The Company shall establish a bond in the sum of $50,000.00 within forty- five (45) days after the
effective date of this Agreement to insure faithful performance of Company's covenants for construction,
maintenance, repair or replacement of the shelters, timely payment of all revenues due the City under this
Agreement, 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. The bond shall be
in a form acceptable to the City Attorney, and issued by a company licensed to do business in the State of
California. Company shall not commence any work or bench installation until the surety required herein
is/are supplied to and approved by the City.
Page 10 of 27
20. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or granted by
the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving
the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed
a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver
constitute a continuing waiver unless the writing so specifies.
21. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity,
interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined
and governed by the laws of the State of California. Both parties further agree that Orange County,
California, shall be the venue for any action or proceeding that may be brought or arise out of, in
connection with or by reason of this Agreement.
In the event suit is brought by either Party to enforce the terms and provisions of this Agreement
or to secure the performance hereof, each Party shall bear the cost of its own attorney's fees.
22. PROFESSIONAL LICENSES
Company shall, throughout the term of this Agreement, maintain all necessary licenses, permits
(including but not limited to encroachment permits), approvals, waivers, and exemptions necessary for the
provision of the services hereunder and required by the laws and regulations of the United States, the State
of California, the City of Santa Ana and all other governmental agencies. Company shall notify the City
immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers,
and exemptions. Said inability shall be cause for termination of this Agreement.
23. NON -LIABILITY OF CITY OFFICERS AND EMPLOYEES
No officer, official, employee, agent, representative, or volunteer of the City shall be personally
liable to the Company, 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 Company or its successor, or for breach of any obligation of
the terms of this Agreement.
24. FORCE MAJEURE
The time within which the Company is obligated to commence and to complete the Refurbishment
Program 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, pandemic, earthquakes, 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 Company's performance.
Page 11 of 27
25. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power,
authority and right to bind their respective parties to each of the terms of this Agreement,
and shall indemnify City fully, including reasonable costs and attorney's fees, for any
injuries or damages to City in the event that such authority or power is not, in fact, held by
the signatory or is withdrawn.
b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth
in the body of this Agreement.
26. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be
in writing and shall be deemed to be properly given if delivered in person or mailed by first class or
certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided
in this Section, to the following persons:
To City:
Cleric of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956
With courtesy copies to:
Executive Director, Public Works
City Attorney
Agency
City of Santa Ana
City of Santa Ana
20 Civic Center Plaza (M-29)
20 Civic Center Plaza (M-21)
P.O. Box 1988
P.O. Box 1988
Santa Ana, California 92702
Santa Ana, California 92702
Fax: 714- 647-6515
Fax: 714- 647-5635
To Company:
Michael Culver, President
Focus Media Group, Inc.
2271 W Malvern Ave., Suite 407
Fullerton, CA 92833
Fax: (714) 459-7234
Page 12 of 27
A party may change its address by giving notice in writing to the other party. Thereafter, any
communication shall be addressed and transmitted to the new address. If sent by mail, communication
shall be effective or deemed to have been given three (3) days after it has been deposited in the United
States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by
fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time
set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth
above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays
shall be excluded.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above
written.
ATTEST:
Daisy Gomez
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
LI-A
�� n;j;Fe'
Jose Montoya
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
Nabil Saba
Executive Director
Public Works Agency
CITY OF SANTA ANA
Kristine Ridge
City Manager
COMPANY:
Michael Culver
President
Page 13 of 27
EXHIBIT A
SCOPE OF SERVICES
The Scope of Services includes managing and selling the City's Advertising Inventory and the
installation, operation, and maintenance of Street Furniture located within the boundaries of the City
of Santa Ana,
The Company, at its sole cost and expense, shall be responsible for installing, relocating, repairing,
maintaining, and replacing (if necessary) all Street Furniture as set forth in this Exhibit A, and in
accordance with the design standards set forth in the Shelter and Bench Design and Construction
Specifications, attached hereto as Exhibit C and incorporated herein by this reference. The City
shall supply all new bus shelters. The installation and/or relocation of all City supplied Street
Furniture shall be the responsibility of the Company throughout the Term.
The Company shall be responsible for all necessary coordination with Orange County Transportation
Authority (OCTA) to obtain any required approvals by OCTA for the location of Street Furniture.
Comprehensive Service Program
Upon signing the Agreement, Company shall implement a comprehensive service program which
shall include maintenance and cleaning of all City bus stops in accordance with Table 1 below. Bus
stops with ad shelters and non -ad shelters with kiosks shall be known as "Group A" and bus stops
with non -ad benches shall be known as "Group B". All Group A and Group B bus stops shall be
serviced three (3) times per week.
Group A is comprised of 143 advertising bus shelters and 30 advertising kiosks to be placed at either
non advertising bus shelters or other locations approved by the City.
Group B is comprised of non -advertising bus shelters and bus stops.
Maintenance Service Costs
Group A bus stops shall be serviced at no cost to the City.
Group B bus stops shall be serviced at an estimated total annual cost of $137,000 or $34,250 for each
quarter (the "Quarterly Maintenance Services Cost"). The quarterly and annual cost was
calculated by multiplying the number of bus stops in Group B by the cost per visit for each bus stop
in Group B, which is $1.80 ("CPV"). The Quarterly Maintenance Services Cost shall be an offset to
the quarterly revenue generated from the Advertising Inventory. The Quarterly Maintenance Services
has been designed to reference the number of Group B bus stops at the time of the Effective Date.
Parties recognize that the number of Group B bus stops may change over the term of the Agreement
at the City's sole discretion. In the event of any such change, the Parties agree that the Quarterly
Maintenance Services charge shall be adjusted based on this change and that the adjusted charge will
become effective at the start date of the next following quarter. The $1.80 CPV shall be increased
annually at the end of each 12-month period from the effective date of this Agreement by a percentage
equal to the percentage change in the Consumer Price Index (CPI) statistics for all Urban Consumers for
Page 14 of 27
the Los Angeles -Long Beach -Anaheim area, as published by the United States Bureau of Labor
(CUURS49ASA0). The percentage change shall be determined with reference to the year over year
percentage change in CPI for the prior 12-month period ending in December.
Hot Spots
The City shall designate at a minimum forty-five (45) bus stops from either Group A and/or Group
B, as "Hot Spots." Hot Spots shall be serviced a minimum of five (5) days per week, one (1) of
which shall be a weekend day. City will provide a list of the hot spots to the Company that require
cleaning at least (5) days per week. The list will be updated by the City by providing advance notice to
Company. Company shall also evaluate on a regular basis if there are any other bus stops that need
more service visits than the three (3) minimum service visits per week and shall adjust their service
schedule accordingly from time -to -time at no additional cost for Group A. In the event the City
requests to increase the frequency of visits to Group B bus stops, the cost per visit provided by
Company shall be $8.00 dollars ("Cost Per Visit"). The Cost Per Visit shall be increased annually at
the end of each 12-month period from the effective date of this Agreement by a percentage equal to the
percentage change in the Consumer Price Index (CPI) statistics for all Urban Consumers for the Los
Angeles -Long Beach -Anaheim area, as published by the United States Bureau of Labor
(CUURS49ASA0). The percentage change shall be determined with reference to the year over year
percentage change in CPI for the prior 12-month period ending in December.
Refurbishment Program
Company shall incur 100% of the cost of the Refurbishment Program. Company shall review all
existing bus stops and bus shelters for repairs and parts needed. Within two (2) weeks from the
Effective Date of this Agreement, Company shall implement a comprehensive refurbishing program,
including graffiti removal, plexiglass cleaning, broken or cracked plexiglass replacement, and
repairing and painting all Street Furniture (the "Refurbishment Program"). Company shall provide
the Refurbishment Program plan to the City before commencing. The City shall have five (5)
business days to review and provide feedback on the Refurbishment Program plan.
Painting shall only be required for the older (green) Street Furniture. Company shall bear the cost of
all approved replacement parts needed to repair damaged Street Furniture. The Refurbishment
Program shall be completed within six (6) months of the Effective Date of this Agreement; however,
painting the older Street Furniture may be completed within nine (9) months of the Effective Date.
Safety
Company shall be solely responsible for employing appropriate safety measures and taking all other
actions reasonably necessary to protect the life, health, and safety of the public when it has notice of
potential safety hazards that exist at the Site Areas that are subject to this Agreement.
Installation and Design Standards
a. In its design of bus stop and bus shelter program elements, the City's focus has been and
remains on the fundamentals, namely, shelter, shade, safety, and comfort. The City believes
that thoughtful design can respond to needs and provide multiple benefits for all those who
Page 15 of 27
share the sidewalks in the City of Santa Ana. Design should be scalable considering site -
specific space constraints and varying levels of transit ridership. The installation of any device
by Company without City's prior approval is forbidden.
b. The Company shall conform to and abide by all City and Orange County ordinances,
OCTA bus stop standards (including the (2004) Bus Stop Safety and Design Guidelines) and
all applicable state and federal laws (including the requirements in the (2007) Caltrans's Bus
Rapid Transit Handbook for Partners). Where permits and/or licenses are required, it is
the responsibility of the Company to first obtain them from the regulatory agency having
jurisdiction.
c. The Company shall permanently affix in a conspicuous area on each shelter and/or bench an
owner identification tag which includes the Company's business name and 24-hour service
telephone number.
d. The Company shall conform to and abide by all applicable City regulations.
e. Company shall employ or subcontract, for services, adequate personnel to competently
and timely meet all agreed on obligations. If the City determines, at any time that the
conduct of an employee or representative of the Company or an authorized and approved
subcontractor of the Company, while in performance of its obligations, in the reasonable
belief of the City, detrimental to the interest of the City or the public, the City shall give
written notice thereof to the Company. Following the City's written notice therefor, the
Company shall take all reasonable actions necessary to correct such conduct and prevent it
from occurring in the future including, but not limited to terminating such employee's work
assignment within the City of Santa Ana.
Advertising Standards
a. Bus shelter advertising shall be limited to one two-sided, back-to-back, backlit ad panel per
shelter. Alternative advertising panel designs as required on a site by -site basis will require prior
approval by the City. Any proposed advertising to be located on the 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, confuse, or direct vehicular traffic.
2. Be comprised of rotating, revolving, or flashing lighting devises.
3. Promotes material which the City in its sole discretion deems offensive to community
standards of good taste.
4. Promotes alcohol, cannabis and/or tobacco products of any kind within 1,000 feet of any
school.
5. Contains "off -site business identification signs" or "political endorsements." For the purpose
of this Agreement, "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.
b. Company shall not accept ads or run ads in the Advertising Inventory with content that is deemed
unacceptable by the City in accordance with Exhibit D. The Parties will agree to an ad approval
Page 16 of 27
process for advertising that Company believes may be potentially deemed in violation of the
City's ad standards.
c, The City shall have the right to remove advertising that contains Unacceptable Content upon
request. The Director will make the final determination on unacceptable advertising. In the event
that an advertisement is determined to be unacceptable, Company agrees to remove said
advertising within twenty -hour (24) hours of being noticed by the City.
Site Relocation
a. In the event that a bus route or stop is altered or deleted such that any bus shelter will no longer
serve as an active bus stop location, the Company shall, within thirty (30) days after notification
from the City, relocate the bus shelter and appurtenances to a new location designated by the
City. The vacated location shall be restored to its original condition, including complete
replacement of the affected sidewalk sections, within that same time period by the Company at
its own cost and expense.
b. In the event a construction or roadway improvement project impacts Street Furniture, the
Company shall coordinate with the City to vacate, remove, store, and reinstall the Street Furniture
at its own cost and expense. Upon completion of the work, the Company shall automatically
resume its operations.
Cleaning
a. The Company shall furnish all labor, materials, water, equipment, clean-up, disposal, and services
required to perform the services set forth herein.
b. Company shall be responsible for performing the following cleaning activities with each visit to
the Site Area:
1. At each Site Area, the Company shall unlock and open trash container. Empty replace the
trash bag in each trash receptacle and properly dispose of all debris, trash, and other associated
undesirable items from the Site Area and dispose of such legally and properly, to the City's
satisfaction, at the Company's expense, and if needed, wash down the affected area to
eliminate any remaining residue. Close and lock trash containers.
2. Cleaning all interior and exterior visible metal and concrete surfaces at each location,
including all plexiglass surfaces, trash cans, trash can covers and entire benches with
disinfecting cleaners (approved by the Environment Protection Agency for its effectiveness
against COVID-19). The Company shall clean the entire bus stop/shelter (including but not
limited to bus furniture, shelter structure, trash receptacles, posts and signs).
3. Clean by sweeping all Site Area (e.g. sidewalk/boarding area, etc.) and remove all litter
(including cigarette butts), waste material, debris, etc.
4. Remove graffiti, stickers, decal, tape and gum from Site Area and from concrete pads and
sidewalks.
5. Cleaning solar panels to remove dust and grime build up (no pressure washing), cleaning the
LED display, cleaning the aluminum case and replacing the polycarbonate screen protector
Page 17 of 27
in the event that the solar panel is vandalized. Company shall provide and replace the poly -
carbonate screen protectors as needed.
Company shall use steam to clean the bus stops one (1) time each month. Prior to any steam
cleaning, the Company shall block or seal all storm drains and clean accumulated debris and
remove blocking materials when finished. Wash water shall be contained and pumped up or
vacuumed and properly disposed of.
Maintenance, Replacement and Repair of Street Furniture
a. Company shall repair, remove, or replace damage vandalism, or graffiti, including etching
and other forms of graffiti and/or vandalism damage, within twenty-four (24) hours after
having been found at the time of a routine maintenance call or upon notification by the City.
b. If shelter or bench damage or vandalism is such that the public could be exposed to a
dangerous situation while in or near the shelter or bench, the Company shall repair or if
necessary, remove the entire shelter or bench within three (3) hours of notification, and it shall
be replaced and fully operation at the same location within five (5) working days after
removal.
In the event that the Company determines that the Street Furniture, or any of its major
components cannot be repaired and need to be fully replaced (e.g. total loss), Company shall
photograph the damaged Street Furniture before its removal from the Site Area (as defined in
table 2 of this Agreement) and immediately provide the photograph to the City for review. If
the City determines that the damaged Street Furniture is a total loss, the City shall provide
replacement furniture and/or components at City's sole cost and Company shall install at its
sole cost.
d. Company shall spray for weed control within twenty (20) feet of the outer edges of benches.
e. Company shall maintain, repair, and replace shelter lighting, which shall be illuminated from dusk
until dawn by an overhead energy efficient, lighting system, concealed in the roof structure.
f. Company shall be responsible for all maintenance and repair, including the replacement of
parts to ensure everything is in working order at its sole cost and expense.
Painting
a. All non -galvanized (green) bus shelters shall be painted, by Company, within nine (9) months of
the Effective Date.
b. Twenty percent of the current inventory of non -galvanized bus shelters shall be painted on an
annual basis. The inventory list of bus shelters to be painted annually by Company shall be
approved in advance by the City.
c. Touch up paint at bus shelters, bus stops and associated furniture and fixtures on an as needed
basis.
Page 18 of 27
Cleaning, Maintenance and Repair, and Painting Schedule
The frequency for cleaning and performing maintenance (including painting) at bus shelters and bus stops
is presented in Table 2 below and in this Agreement.
mySantaAna App
Communication regarding maintenance or cleaning requests of the bus stops shall be handled through
the City's computerized work order management system, whether presently known as the
"mySantaAna" app (the "City App") or otherwise in the future. Company personnel shall use
handheld devices such as smartphones or tablets to receive, respond to, and close maintenance
requests through the City App. Company shall respond within twenty-four (24) hours to any
maintenance or service requests that are received through the City App or otherwise.
Cost of Utilities
Company shall incur 100% of the cost of all electrical connections, including obtaining all service
permits from Southern California Edison (SCE), running electrical conduit and for all metered
electrical charges generated by the Street Furniture.
Fours of Operation
To preserve peace and quiet, maintenance, repairs and replacement of street furniture in residential areas
shall be between 7:00 a.m. and 6:00 p.m. seven days per week. Hours for steam cleaning bus shelters and
bus stops are between 3:00 a.m. and 9:00 p.m. Monday through Friday and between 5:00 a.m. and 9:00
p.m. on Saturday and Sunday. If complaints are received from residential units, which are at least one
hundred (100) feet away from service locations, the Executive Director may direct that services shall be
performed between the hours of 7:00 a.m. and 6:00 p.m. Contractor may not make exceptions to these
service days and times without advanced written approval from the City.
Traffic Control
Traffic control shall be provided by Company to ensure that no personnel, equipment, and/or vehicles
block lanes without proper warning signs and all required safety measures when performing services
under this Agreement.
Advertising Services
a. Company's obligation is to maximize the revenue of the Advertising Inventory. All ad campaigns
in the Advertising Inventory must have a revenue component based on market rates. Company
shall not use the Advertising Inventory to bonus additional ad panels to clients that are not
purchasing ads in the Advertising Inventory.
b. From time -to -time, Company shall evaluate the opportunity to replace the current static ad panels
with digital panels and shall do so when it becomes economically feasible and after obtaining
approval by the City.
Page 19 of 27
Public Service Announcements
Company shall, at least four (4) times per year, for at least twenty-eight (28) calendar days each time,
display at least one (1) public service announcement in lieu of paid advertising in up to sixteen (16) bus
shelters identified by the City, or 10% of the total number of bus shelters under the agreement,
whichever is greater. Company shall arrange, at its own cost and expense, for production, service and
installation of the public service announcements upon consultation with the City. The City shall approve
all public service messages.
City Ads
a. Company shall provide the City with free ad space from unsold Advertising Inventory, up to
10% of available Advertising Inventory, to use for City messages and/or additional Public
Service Announcements ("City Ads"). In addition, Company shall provide design services for
City Ads at no cost.
b. Ad lead times shall be no longer than two (2) weeks - ad designed, approved, and placed in
Advertising Inventory.
Discounts For City Businesses
Company shall provide introductory packages that include discounts on design and production costs
and shall bonus additional ad panels on a space -available basis.
Reporting
a. Company shall provide quarterly reports with each quarterly Revenue Payment within thirty
(30) days from the end of each calendar quarter. Each report shall detail the revenue generated
from the Advertising Inventory, associated ad rates and occupancy rates. The report shall also
include the MAG amount, the Maintenance Services Cost, and the resulting Revenue Payment
for the quarter. The Parties shall mutually agree on the format of the quarterly reports.
b. Company shall provide quarterly reports of its shelter maintenance operations in a format to be
approved by the City. City may request monthly reports as needed.
Account Executive
Company shall assign an Account Executive to be the City's single point of contact for this partnership.
Meetings
At the City's discretion, the Parties shall meet on a quarterly basis or on an as needed basis to review
sales performance, maintenance and cleaning performance, current Street Furniture, new potential
Street Furniture, and any other matter related to the services provided by Company.
Page 20 of 27
Table 1 — Estimated Maintenance Expense and Frequency of Visits
Numb. e4*,Bus.Stops
�( elt�xz Yon At Shelter yvXaosk & �173
K}o'k.c�ation5 }f
3 Visits Per Week 173
Total Number of Visits Per Week 519
Total Annual Cost to City No Charger')
O)There will never be a cost to the City for the maintenance and cleaning of Group A bus stops by Company.
1
rr MINN!
f ` )Ulllel' Of1BUS StOps
NonAclelesand' Nori'Ad`Benchs 1'.
3 Visits Per Week 487
Total Number of Visits Per Week 1,461
Total Annual Cost to City $137,OOO(2)
(2)The annual cost to the City for non -ad shelters and non -ad benches may be adjusted by the City as provided in this Agreement. These
figures represent the estimated number of non -ad bus stops at time of Agreement, subject to change,
yy A,�
' B ` -' ' ` ' "Number of Bus Stops
H t itf i �dx�`��Eit '}tGs i. si4t r 's(�'}� ��7$ ii}' t
.k� 3 � �a rC i F
5 Visits Per Week 45
Total Number of Visits Per Week 225
Total Annual Cost to City No Charge(')
O)There will never be a cost to the City for the maintenance and cleaning of Hot -Spot locations by Company,
Page 21 of 27
Table 2 — Frequency for Cleaning and Maintenance at Bus Shelters and Bus Stops
t
ant h '
Frequency
f
Witliiri
YrkE r
� ,t �2equ�red3Tasks(<4cti�it��(i)`
FIYe times
��
tirile� sjE
First
��As
?TIM �5F �� `��G, , � �� "{�:3' � �� � t�
:per
� �� ��
re
1�Ionth�ly
�
Nme
Annually
Required
a
''w'eek
��
`'
Moths,
Unlock and open trash container. Empty
replace the trash bag in each trash receptacle
and properly dispose of remove all debris,
trash, refuse, and other associated undesirable
items from the Site Area from the area within
twenty (20) feet from all directions of the bus
shelter or bus stop and dispose of such legally
x
x
and properly, to the City's satisfaction, at the
Company's expense, and if needed, wash
down the affected area to eliminate any
remaining residue. Close and lock trash
container.
Use disinfecting cleaners (approved by the
Environment Protection Agency for its
effectiveness against COVID-19) to wipe
x
x
down trash cans, trash can covers and entire
benches.
Clean by sweeping all Site Area(') and remove
all litter (including cigarette butts), waste
x
x
material, debris, etc.
Remove graffiti, stickers, decal, tape and gum
from Site Area and from concrete pads and
x
x
sidewalks.
Cleaning all interior and exterior visible metal
and concrete surfaces at each location,
including all plexiglass surfaces. The
Company shall clean the entire bus
x
stop/shelter (including but not limited to bus
furniture, shelter structure, trash receptacles,
posts and signs).
Cleaning solar panels to remove dust and
grime build up (no pressure washing),
cleaning the LED display, cleaning the
aluminum case and replacing the
polycarbonate screen protector in the event
x
that the solar panel is vandalized. Company
shall provide and replace the Replacement
poly -carbonate screen protectors as needed.
Touch up paint at bus shelters, bus stops and
associated furniture and fixturesM.
x
Test power to all lighting fixtures.
x
Page 22 of 27
k
1y� pWILhin
1}
t
t
4
ttt Lx t� tt` l k T4,ittC" At 2
ff
�i i� i F P ,xyll I t f E
Required' T�sls/Acttvitiesl)t ! ,
ve tjrnes
t tIi C
tliries
First
�1s
a ` k
pert
j
Mori MY
nnuall Y
�g �t
2 >
pUr
Nine
Required
r fit'
week( t
6 D1V�pnths
t.
Spray for weed control within 20 feet of the
outer edges of benches.
x
Inspect ad panel plexiglass.
x
Steam cleaning of bus shelters and bus stops.
Prior to any steam cleaning, the Company
shall block or seal all storm drains and clean
accumulated debris and remove blocking
x
materials when finished. Wash water shall be
contained and pumped up or vacuumed and
properly disposed of.
Paint all non -galvanized (green) bus shelters.
x
Paint twenty percent of the current inventory
of non -galvanized bus shelters.
x
Board up damaged ad panels.
x
Repair damaged plexiglass ad panels. Repair
and replace light fixtures and ad panel lights,
x
(1) If any safety issues or hazards are found, all necessary measures shall be taken to minimize or eliminate the potential risks to the workers and
public. If required, the City will be notified as soon as possible, but no later than 24 hours after the bus stop has been serviced.
(2) Company to maintain approximately thirty (30) sites clean requiring cleaning five days per week including one weekend day. The Sites are
typically along the most heavily used bus routes and are referred to as "Hot Spots". City will provide a list of the Hot Spots to Company, The list
will be updated by the City by providing advance notice to Company.
(3) One Site Area is equivalent to one Bus Shelter or Bus Stop. The ("Site Area") includes all area within twenty (20) feet of the outer edges of all
bus stop furniture/fixtures (e.g, shelters, benches, receptacles, signs (including LED solar signs), posts, improvements, sidewalks, curbs and gutters,
pavement, etc.) at each location and from right-of-way to curb face, all furniture/fixtures within the Site Area and only that area which is part of
the public right of way (e.g., sidewalks and streets open to public access).
(4)Bus shelters and bus stops furniture/fixture include benches, trash receptacles, information map cases, schedule holders, free standing kiosks,
outdoor advertising displays (both static and digital), secure bicycle racks,
Page 23 of 27
EXHIBIT B
PROJECTED MAG PAYMENTS AND FORECASTED REVENUE & EXPENSES
Annual
The > of
MAG
Revenue
MAG or
Maintenance
Year
(173 Ad
Share
Revenue
Expense
Difference
Balance
Notes
Locations x
Share
$ 720)
1
$124,560
$101,000
$124,560
$137,000
($12,440)
($12,440)
Roll over to yr. 2
2
$124,560
$140,284
$140,284
$137,000
$3,284
($9,156)
Roll over to yr. 3
3
$124,560
$147,298
$147,298
$137,000
$10,298
$1,142
Due to City
4
$124,560
$154,663
$154,663
$137,000
$17,663
$17,663
Due to City
5
$124,560
$162,396
$162,396
$137,000
$25,396
$25,396
Due to City
6
$124,560
$170,516
$170,516
$137,000
$33,516
$33,516
Due to City
7
$124,560
$179,042
$179,042
$137,000
$42,042
$42,042
Due to City
8
$124,560
$187,994
$187,994
$137,000
$50,994
$50,994
Due to City
9
$124,560
$197,394
$197,394
$137,000
$60,394
$60,394
Due to City
10
$124,560
$207,263
$207,263
$137,000
$70,263
$70,263
Due to City
Note: Any negative balance will be rolled over in the first 3 years. Any negative balance at the end of year
4 will be waived. Any positive balance at the end of any quarter or year will be paid to the City.
MAG and Maintenance Expense will be adjusted annually based on CPI specified in the agreement.
Page 24 of 27
EXHIBIT C
SHELTER AND BENCH DESIGN AND CONSTRUCTION SPECIFICATIONS
u.,x,�c,l.rumm .oAu badmTrhm,M•arAsx.
nuiYminini%:.i uxssroeNa ul�iecxc•xw•wssnora,nuub;cr
nii tc� w`r`o ee n`u __ibex w.t bn
4 i;ui i;;r�xcoo .
o noes cii�r coue.:nipm.'°vviw%,c'n'vn`iiuR"w"m��.�"rc.i�lam
iTH iii i l )
;iliH�tf.YN \Uno�ilN[W:M:UNn,.
mtr icil
t IOCV.RY
mr. •s.rrn 3'o.Wlt'1 WIrAA1:h41FR4rzNlLYIM1 n'*' 4r�rn
nrn UlaF.-ra.mFAlnns
ll 9l)II' N%bfUx
4lVNVII.I�M)e ( _•—�— ' r`I1 )sY9 )
):n•nn u�x ar- s>ims I //Ififl � r.m sn•
• I I
• 1 I
m
•F�'n s,fNNif( s'"ioA ctt
Inti vo ei Ps0.-;9ri
09%IR'IINAJI11YLix:NJF SAIq:
Page 25 of 27
EXHIBIT D
UNACCEPTABLE CONTENT
Company shall not accept or run advertising on the Advertising Inventory that contains Unacceptable
Content, as determined by the City. Unacceptable Content includes but is not limited to the following:
• Is lewd, profane, obscene, or indecent, including any content that is violent or pornographic,
explicit violent or sexual material, or depictions of violent or sexual acts;
• Contains gruesome, graphic, or disgusting accounts or imagery;
• Promotes the sale of products that are designed to explode and could cause damage to nearby
people or property;
• Promotes the sale of firearms or sporting or recreational guns that can cause serious harm if
misused, or that appear to be real guns;
• Promotes the sale of other weapons that are designed or promoted as products that can be used to
injure an opponent in sport, self-defense, or combat;
• Is harassing, threatening, abusive, inflammatory or otherwise objectionable;
• Is unlawful or that could facilitate the violation of any applicable law, regulation or
governmental rule or guidance;
• Offers or disseminates any fraudulent goods, services, schemes or promotions;
• Demeaning or disparaging matter - Contains images, copy or concepts that actively denigrate,
demean or disparage any individual or group.
• Vulgarity - Contains images, copy or concepts that are obscene, vulgar, crude, sexually
suggestive, indecent, profane or scatological.
• Promotes the sale and use of tobacco and tobacco -related products. Tobacco means: (1) any
product containing, made, or derived from tobacco or nicotine that is intended for human
consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or
ingested by any other means, including, but not limited to cigarettes, cigars, little cigars, chewing
tobacco, pipe tobacco, snuff; and (2) any electronic device that delivers nicotine or other
substances to the Person inhaling from the device, including, but not limited to, an electronic
cigarette, electronic cigar, electronic pipe, or electronic hookah;
• Promotes the sale and use of cannabis or cannabis product, medicinal/medical cannabis, or
commercial cannabis activity and business as defined in Santa Ana Municipal Code Section 40-
2;
• Political endorsements — Contains messages that are political in nature, including messages of
political advocacy, that support or oppose any candidate or referendum, or that feature any
current political office holder or candidate for public office, or take positions on issues of public
debate.
• Religion - Contains images, content or copy related to religion or religious ideas or viewpoints.
• Promotes products or services marketed as facilitating recreational drug use;
• Is libelous, defamatory, knowingly false or misrepresented an individual, company or entity;
• Infringes upon the intellectual property rights of any third party, including copyrights,
trademarks, trade names, trade secrets, or patents of such third party;
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Negative connotations of public transit - Contains images, copy or concepts that actively
denigrate public transportation.
Unsafe transit behavior — Contains images, copy or concepts that depict unsafe behaviors aboard
buses or trains, or in or around transit stations or railroad tracks; or
Is harmful to the City of Santa Ana, its neighboring cities, or Orange County.
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