HomeMy WebLinkAbout03 - CC-4 - Attachment 1 - 4/1/2014ATTACHMENT 1
FRANCHISE AGREEMENT
THIS FRANCHISE AGREEMENT (this "Agreement"), dated ,
2014 (the "Effective Date"), is made by the CITY OF COSTA MESA, a municipal
corporation ("CITY"), and CLEAR CHANNEL OUTDOOR, INC., a Delaware corporation,
("FRANCHISEE").
WITNESSETH
WHEREAS, CITY is the fee owner of, or has heretofore acquired an easement
for public street purposes over, certain real property within the City of Costa Mesa; and
WHEREAS, FRANCHISEE desires to construct, install, operate and maintain
transit shelters with advertising displays at certain bus stops throughout the City of
Costa Mesa; and
WHEREAS, CITY desires to permit the construction and maintenance of said
transit shelters subject to the terms and conditions hereinafter set forth;
WHEREAS, CITY is authorized to grant a franchise for such purposes pursuant
to Costa Mesa Municipal Code Title 19, Chapter II (Ordinance No. 92-9); and
WHEREAS, CITY and FRANCHISEE are parties to that certain Franchise
Agreement, dated November 1, 2003, concerning bus shelters located within the City of
Costa Mesa (as it may have been, or is hereafter, amended, the "Existing Agreement");
WHEREAS, pursuant to the RFP (as defined below) and in connection with
FRANCHISEE'S bid in response thereto, FRANCHISEE has delivered to CITY a
cashier's check in the amount of $10,000.00 (the "Bid Deposit").
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
1. SCOPE OF WORK.
1.01. Performance of a transit shelter advertising program consisting of the
maintenance, service and operation of seventy (70) existing transit shelters owned by
Franchisee and incorporating advertising displays at various locations throughout the
City (the "Advertising Shelters"), and, in addition, maintenance, service and operation of
twenty (20) existing non -advertising transit shelters within and owned by the City (the
"City Shelters"), plus maintenance of all bus benches and trash receptacles located at
bus stops within the City.
below.
1.02. The work is further described in the "Contract Documents" referred to
2. CONTRACT DOCUMENTS.
2.01. The complete contract consists of the following documents: this Agreement;
Costa Mesa Municipal Code Title 19, Chapter II (Ordinance No. 92-9); Request For
Proposals dated August 28, 2013 ("RFP"); the FRANCHISEE'S bid, including related
correspondence; the complete plans, profiles, detailed drawings and specifications,
including general provisions and special provisions; Faithful Performance Bond
certificates of insurance; and all addenda setting forth any modifications or
interpretations of those documents. The documents comprising the complete contract
are hereby incorporated by reference and made a part hereof as if set out in full herein
and will be referred to as the "Contract Documents".
2.02. All of the Contract Documents are intended to complement one another, so
that any work called for in one and not mentioned in another is to be performed as if
mentioned in all documents.
2.03. In the event of an inconsistency in this Agreement and any of the attached
Attachments, the terms set forth in this Agreement shall prevail. If there is any conflict
among the terms and conditions of this Agreement and those of any other Contract
Documents, this Agreement shall govern over the Contract Documents.
2.04. The Contract Documents constitute the entire agreement between the
parties and supersede any and all other writings and oral negotiations.
2.05 Upon the execution of this Agreement and without the requirement of
further action by either Party, the Existing Agreement shall be deemed automatically
terminated, except: (i) any provisions of the Existing Agreement that expressly survive
the expiration or termination thereof shall continue in accordance with the terms of the
Existing Agreement; and (ii) each Party shall retain the obligation to pay to the other
Party any amounts having accrued under the Existing Agreement but remaining unpaid
as of the date of such termination.
3. SCHEDULE.
3.01. All work shall be performed in accordance with the schedule approved on
behalf of CITY by the City and in accordance with the provisions contained within
CMMC Section 19-307, "Installation."
4. GRANT OF FRANCHISE.
4.01. CITY does hereby grant to FRANCHISEE a non-exclusive franchise for
purposes of constructing, installing, operating and maintaining new transit shelters
which incorporate commercial advertising panels at certain bus stops within the City of
Costa Mesa pursuant to and in compliance with the Costa Mesa Municipal Code in the
manner hereinafter provided. Said franchise shall also include maintenance and repair
of all existing non -advertising transit shelters within the City of Costa Mesa. Excluded
from the franchise are those certain transit shelters provided by private developers by
separate agreement.
5. EQUIPMENT - PERFORMANCE OF WORK.
5.01. FRANCHISEE shall furnish all tools, equipment, apparatus, facilities, labor
and materials necessary to perform and complete all aspects of the work including
construction, cleaning, and maintenance in a good and workmanlike manner in strict
conformity with the plans and specifications approved by the City.
5.02. The equipment, apparatus, facilities, labor and material shall be furnished
and said work performed and completed as required in the approved plans and
specifications to the satisfaction of the Project Manager or his designee, and subject to
his approval.
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6. COMPENSATION.
6.01 FRANCHISEE shall pay to CITY for said franchise granted herein, the
greater of the following: (i) the sum of ninety dollars ($90.00) per Advertising Shelter per
month (the "Minimum Guaranteed Compensation"); or (ii) thirty percent (30%) of the
gross advertising revenues less agency commission derived from the Advertising
Shelters in the aggregate ("Percentage Revenue").
6.02 Minimum Guaranteed Compensation to CITY shall remain fixed for the
term of this Agreement. Upon renewal, if approved, the Minimum Guaranteed
Compensation may be increased in each year of the Extension Term (as defined below)
based upon the published Consumer Price Index for All Urban Consumers for Los
Angeles -Anaheim -Riverside for the year ending in August. Such increase in the
Minimum Guaranteed Compensation, if any, in the first year of the Extension Term shall
be based solely on the Minimum Guaranteed Compensation payable in the last year of
the Initial Term. The provisions of Section 6.1 of the RFP to the contrary
notwithstanding, the Minimum Guaranteed Compensation shall not be increased during
the Initial Term.
6.03 The total monthly Minimum Guaranteed Compensation shall be due in
advance on the first day of each month. Payments reflecting the difference, if any,
between Percentage Revenue and Minimum Guaranteed Compensation shall be due
on a quarterly basis 30 days from the end of each quarter (each, a "Quarterly
Payment"). A quarter shall be based on the calendar year, and quarter end dates shall
be March 31, June 30, September 30, and December 31.
6.04 Upon request of FRANCHISEE, an alternative payment plan similar to the
foregoing provisions that provides an equivalent revenue stream may be presented to
CITY for consideration. The Project Manager and/or Finance Director will determine the
acceptability of any alternative payment plan and, if acceptable, the alternative payment
plan shall be memorialized in writing and signed by the parties.
6.05 FRANCHISEE shall be charged interest accruing from the date due until
paid at the rate of ten percent (10%) per annum for past due payments to the CITY
where the payments are more than seven (7) days past the due dates provided herein.
6.06 To account for the Bid Deposit, FRANCHISEE shall be entitled to a credit
or credits in the aggregate amount of $10,000.00 against any amounts owed by
FRANCHISEE to CITY hereunder.
7. SECURITY DEPOSIT
7.01. Prior to the commencement of the term of this Agreement, FRANCHISEE
shall execute and file with the City Clerk a performance bond payable to the CITY in a
sum equal to one thousand dollars ($1,000) per Advertising Shelter in a minimum
aggregate amount of $70,000. In lieu thereof, FRANCHISEE may deposit said amount
in a bank chosen by the CITY whose deposits are insured under the Federal Deposit
Insurance Act (12 U.S.C. Section 1811 et seg.), provided that a certificate of deposit is
delivered to the CITY giving CITY the exclusive right to withdraw any or all of said
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amount during the term of this Agreement. FRANCHISEE shall be entitled to any and
all interest accruing from said certificate of deposit.
7.02. Said sum shall serve as security for faithful performance of all covenants,
promises and conditions assumed by FRANCHISEE herein, and may be applied in
satisfaction and/or mitigation of damages arising from a default thereof, including, but
not limited to, delinquent payments; correction of maintenance deficiencies; securing
required insurance; loss of revenue due to abandonment, vacation or discontinuance of
transit shelter operations. Application of amounts on deposit in satisfaction and/or
mitigation of damages shall be without prejudice to the exercise of any other rights
provided herein or by law to remedy a breach of this Agreement.
7.03. In the event any or all of said amounts is applied in satisfaction and/or
mitigation of damages FRANCHISEE shall immediately deposit such sums as are
necessary to restore the security deposit to the full amount required hereunder.
7.04. Said sum shall be returned to FRANCHISEE upon termination of this
Agreement less any amounts that may be withheld therefrom by CITY as heretofore
provided.
8. ACCOUNTING RECORDS
8.01. FRANCHISEE shall be required to maintain a method of accounting, to the
satisfaction of CITY, which correctly and accurately reflects the gross advertising
receipts of FRANCHISEE in connection with this Franchise Agreement. The method of
accounting, including bank accounts established for the authorized operations, shall be
separate from the accounting system used for any other business operated by
FRANCHISEE or for recording FRANCHISEE'S personal financial affairs. Such method
shall include the keeping of the following documents:
A. Regular books of accounting such as general ledgers.
B. Journals including any supporting and underlying documents such as
vouchers, checks, tickets, bank statements, etc.
C. State and Federal income tax returns and sales tax returns and checks
and other documents providing payment of sums shown which shall be kept in
confidence by CITY.
D. Any other reporting records that the City's Finance Director and/or City
Manager deems necessary for proper reporting of receipts.
8.02. All documents, books and accounting records shall be open for inspection
and reinspection at any reasonable time during the term of this Agreement and for four
(4) years thereafter. In addition, CITY may from time to time conduct an audit and
reaudit of the books and business conducted by FRANCHISEE and observe the
operation of the business so that accuracy of the above records can be confirmed,
provided that City may conduct only one audit or re -audit during any given 12 -month
period. All information obtained in connection with CITY'S inspection of records or audit
shall be treated as confidential information and exempt from public disclosure to the
extent permissible under law.
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8.03. In the event that an audit or review conducted by the Finance Director
and/or Project Manager finds that due to FRANCHISEE'S non-compliance with its
obligation to report gross receipts in connection with its operations authorized herein, an
actual loss of revenue to CITY can be determined, the Project Manager may, at his
option, (1) bill FRANCHISEE for said losses payable to CITY within thirty (30) days
following billing therefore unless otherwise extended by the Project Manager, and/or (2)
use the Security Deposit as provided for herein; and/or (3) assess liquidated damages
as provided below. The parties agree that it may be impracticable or extremely difficult
to fix the extent of actual damages resulting from the failure of FRANCHISEE to
correctly report gross receipts. The parties hereby agree that under such
circumstances a reasonable estimate of such damages is 10% of any underpayment
revealed by an audit or re -audit.
8.04. The full cost of said audit, as determined by City, shall be borne by
FRANCHISEE if either or both of the following conditions exist: 1) the Project Manager
finds that the monthly payment due to CITY exceeds five percent (5%) of the total
amount which should have been paid as determined by such review or audit and
observation, and there is no reasonable basis for the failure to report and pay thereon;
or 2) FRANCHISEE has failed to maintain true and complete books, records, accounts
and supporting source documents in accordance with the terms of this Agreement. The
adequacy of the records shall be determined at the reasonable discretion of CITY's
Finance Director. Any payments pursuant to this Section 8.04 shall be in addition to
any penalties or fines authorized by Section 8.03.
8.05. FRANCHISEE shall furnish the CITY'S Finance Department with a
quarterly gross receipts report showing the amount payable to CITY along with each
Quarterly Payment (if any).
9. TIME OF PERFORMANCE.
9.01. Work is to begin within ten (10) days after the date this Agreement is
executed by CITY.
10. TERM.
10.01. The term of this Agreement shall be for five years commencing on the
date specified at the beginning of this Agreement (the "Initial Term"). Up to one (1), five
(5) year extension (the "Extension Term"), may be requested by FRANCHISEE in
accordance with the conditions for renewal as set forth in CMMC Section 19-303(g).
Upon application by FRANCHISEE, CITY may grant a renewal on the conditions set
forth in CMMC Section 19-303, and adjust the Minimum Guaranteed Compensation as
set forth in paragraph 6.02 above, without a bidding process.
11. OPTION OF CITY TO TERMINATE AGREEMENT IN EVENT OF FAILURE
TO COMPLETE WORK.
11.01. In addition to the default provisions set forth in Section 23 of this
Agreement, if FRANCHISEE refuses or fails to perform the work described in Section 5
or any severable part thereof with such diligence to ensure its timely completion, or fails
to complete the work on time, the Project Manager may give written notice to
FRANCHISEE and FRANCHISEE'S sureties of the intention to terminate this
Agreement unless within ten (10) days after the serving of that notice, such conduct
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shall cease and satisfactory arrangements for the correction thereof be made, this
Agreement may be terminated at the option of CITY.
12. PERFORMANCE BY SURETIES.
12.01. In the event of any termination by CITY, the CITY shall immediately give
written notice thereof to FRANCHISEE and FRANCHISEE'S sureties, and the sureties
shall have the right to take over and perform this Agreement; provided, however, that
the sureties must, within five (5) days after CITY'S giving notice of termination, give the
CITY written notice of their intention to take over the performance of this Agreement and
must commence performance thereof within five (5) days thereafter. Upon the failure of
the sureties to do so, CITY may take over the work and complete it, at the expense of
FRANCHISEE, and the sureties shall be liable to CITY for any excess costs or
damages incurred by CITY.
13. DISPUTES PERTAINING TO PAYMENT FOR WORK.
13.01. Should any dispute arise respecting whether any delay is excusable, or its
duration, or the value of the work done, or of any work omitted, or of any extra work
which FRANCHISEE may be required to do, or respecting any payment to CITY during
the performance of this Agreement, such dispute shall be reasonably decided by the
Project Manager, and his/her decisions shall be final and binding upon FRANCHISEE
and his sureties.
14. SUPERINTENDENCE BY FRANCHISEE.
14.01. At all times during performance of the work, FRANCHISEE shall have a
competent foreman or superintendent on-site during any replacement of a bus shelter
by Franchisee, with authority to act for FRANCHISEE.
15. INSPECTION BY CITY.
15.01. FRANCHISEE shall at all times maintain proper facilities and provide safe
access for inspection by CITY to all parts of the work. The City shall have the right to
review and inspect maintenance activities and ensure that such activities are performed
to the satisfaction of the Public Services Director or his designee. If maintenance does
not meet City's standard, the Franchisee shall take corrective action within twenty-four
(24) hours of notice or compensate the City for maintenance activity incurred.
16. CARE OF THE WORK AND OFF-SITE AUTHORIZATION.
16.01 FRANCHISEE has examined the sites of the existing shelters and is
familiar with their topography and condition, location of property lines, easements,
building lines and other physical factors and limitations, affecting the performance of this
Agreement. FRANCHISEE, at FRANCHISEE'S expense, shall obtain any permission
necessary for any operations conducted off the premises owned or controlled by city.
FRANCHISEE shall be responsible for the proper care and protection of all materials
delivered and the work performed until completion and final inspection and acceptance
by CITY. The risk of damage to or destruction of materials delivered or work performed
shall be borne by FRANCHISEE. No welding except for foundation works shall be
permitted at the site. All concrete finishing shall conform to the Standard Specifications
for Public Works Construction, latest edition.
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16.02. In the event that claims for property damage or bodily injury are presented
to CITY arising out of FRANCHISEE'S or any subcontractor's work under this
Agreement, CITY shall give notice thereof to FRANCHISEE, and FRANCHISEE shall
have thirty-five (35) days from the mailing of any such notice to evaluate the claim and
to settle it by whole or partial payment, or to reject it, and to give notice of settlement or
rejection to CITY.
17. INDEMNIFICATION.
17.01. FRANCHISEE agrees to protect, defend, indemnify and hold harmless
CITY and its elected and appointed boards, officers, agents, and employees from any
and all claims, liabilities, expenses, or damages of any nature, including attorney fees,
for injury to or death of any person, and for injury to any property, including, but not by
way of limitation, all civil claims, resulting therefrom, arising out of or in any way
connected with the performance of this Agreement by Franchisee, except that the
indemnity obligation of FRANCHISEE shall be reduced by an amount proportional to the
active negligence of CITY and its agents, employees and contractors, if any.
17.02. FRANCHISEE shall comply with all of the provisions of the Workers'
Compensation insurance laws and Safety in Employment laws of the State of California,
including the applicable provisions of Divisions 4 and 5 of the California Labor Code and
all amendments thereto and regulations promulgated pursuant thereto, and all similar
State, Federal or local laws applicable; and FRANCHISEE shall protect, defend,
indemnify and hold harmless CITY from and against all claims, liabilities, expenses,
damages, suits, actions, proceedings and judgments, of every nature and description,
including attorney fees, that may be presented, brought or recovered against CITY for
or on account of any liability under or failure to comply with any of said laws which may
be incurred by reason of any work performed under this Agreement by FRANCHISEE or
any subcontractor or others performing on behalf of FRANCHISEE.
17.03. CITY does not, and shall not, waive any rights against FRANCHISEE
which it may have by reason of the above hold harmless agreements, because of the
acceptance by CITY or the deposit with CITY by FRANCHISEE of any or all of the
insurance policies described in Paragraph 18 of this Agreement.
17.04. The hold harmless agreements by FRANCHISEE shall apply to all
liabilities, expenses, claims, and damages of every kind (including but not limited to
reasonable attorney fees) incurred or alleged to have been incurred, by reason of the
operations of FRANCHISEE or any subcontractor or others performing on behalf of
FRANCHISEE, whether or not such insurance policies are applicable. FRANCHISEE
shall require any and all subcontractors to afford the same degree of indemnification to
the CITY OF COSTA MESA and its elected and appointed boards, officers, agents, and
employees that is required of FRANCHISEE and shall incorporate identical indemnity
provisions in all contracts between FRANCHISEE and his subcontractors.
17.05. In the event that FRANCHISEE and CITY are sued by a third party for
damages caused or allegedly caused by negligent or other wrongful conduct of
FRANCHISEE, or by a dangerous condition of CITY'S property created by
FRANCHISEE, FRANCHISEE shall not be relieved of its indemnity obligation to CITY
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by any settlement with any such third party unless that settlement includes a full release
and dismissal of all claims by the third party against the CITY.
18. INSURANCE.
18.01. FRANCHISEE shall not commence work under this Agreement until it has
obtained all insurance required under this section and the insurance has been approved
by CITY, such approval to be given or withheld in the City's reasonable discretion, as to
form, amount, and carrier, nor shall FRANCHISEE allow any subcontractor to
commence any work until all similar insurance required of the subcontractor has been
obtained and approved.
18.02. Neither the failure of FRANCHISEE to supply specified insurance policies
and coverage, nor the failure of CITY to approve same shall alter or invalidate the
provisions of Paragraph 19 of this Agreement.
18.03. Workers' Compensation Insurance.
A. FRANCHISEE shall obtain and maintain during the life of this
Agreement workers' compensation insurance in statutory amount and, if any work is
sublet, FRANCHISEE shall require all subcontractors to similarly obtain and maintain
workers' compensation insurance.
B. All certificates of insurance with respect to workers compensation
insurance policies shall provide that the insurance may not be cancelled without thirty
(30) days' advance written notice of such cancellation to CITY.
18.04. Liability Insurance Coveraqe.
A. FRANCHISEE shall obtain and maintain during the life of this
Agreement the following insurance coverage:
1. Commercial General Liability, including coverage for premises -
operations, products/completed operations blanket contractual, broad form property
damage, independent contractors, advertising injury and personal injury.
2. Automobile liability, including owned, hired, and non -owned
vehicles.
3. All insurance coverages shall have limits of not less than one million
dollars ($1,000,000.00) combined single limit per occurrence.
three provisions:
4. The policies and insurance certificates shall provide for the following
(i) Additional Insured:
"The policy shall provide, via specific or blanket endorsement, that
the CITY OF COSTA MESA and its elected and appointed boards, officers, agents, and
employees are additional insureds with respect to the liabilities assumed by
FRANCHISEE under the subject franchise agreement."
(ii) Notice:
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"Said policy shall not terminate, nor shall it be cancelled nor the
coverage reduced, until thirty (30) days after written notice is given to CITY."
(iii) Other Insurance:
"Any other insurance maintained by the CITY OF COSTA MESA
shall be excess and not contributing with the insurance provided by this policy, but only
with respect to the liability assumed by FRANCHISEE under this agreement."
19. PROOF OF INSURANCE.
19.01. The FRANCHISEE shall furnish CITY proof of compliance with the above
requirements, in a form reasonably satisfactory to the City Attorney or Risk Manager,
prior to commencing operations under this franchise agreement and shall maintain such
proof on file with CITY throughout the term of the agreement.
20. LEGAL WORK DAY - PENALTIES FOR VIOLATION.
20.01. Eight (8) hours labor constitutes a legal day's work during any one
calendar day. FRANCHISEE shall forfeit fifty dollars ($50.00) for each workman
employed in the execution of this Agreement by FRANCHISEE or by any subcontractor
for each calendar day during which such workman is required or permitted to work more
than eight (8) hours in any one calendar day and forty (40) hours in any one calendar
week in violation of California Labor Code Sections 1810 through 1815, inclusive.
21. PREVAILING WAGE SCALE.
21.01. FRANCHISEE shall comply in all respects with California Labor Code,
Sections 1770 et seq., including the keeping of all records required by the provisions of
Labor Code Section 1776.
22. TRANSIT SHELTER EVALUATION REPORT
22.01. CITY and FRANCHISEE agree that the overall condition of the transit
shelters and the quality of service provided by FRANCHISEE is of primary importance
to both parties. CITY will develop a Transit Shelter Evaluation Report to document
FRANCHISEE'S performance pursuant to the maintenance criteria specified in Costa
Mesa Municipal Code, Title 19, Franchises, Section 19-310, and any standards deemed
reasonably necessary for proper maintenance and service under this Agreement.
22.02. CITY'S Transit Shelter Evaluation Report will be completed by an
authorized representative(s) of the Director of Public Services after an inspection of the
facilities by said representative(s). CITY shall make every reasonable effort to conduct
such inspections on a regular basis.
22.03. CITY reserves the right to modify, update, and/or amend the general
content and format of the Evaluation Report forms in order to provide for a suitable
instrument for the documentation of FRANCHISEE'S performance. CITY shall consult
with FRANCHISEEE prior to implementing any changes to the Transit Shelter
Evaluation Report.
23. DEFAULT
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23.01. FRANCHISEE shall be considered to be in default of this Franchise
Agreement when any of the following occurs.
A. The abandonment, vacation or discontinuance of transit shelter
operations for more than ten (10) consecutive days following written notice from the
CITY. Routine vacancies of advertising material shall not be considered discontinued
operations.
B. The failure of FRANCHISEE to punctually pay or make the payments
herein when due, where the delinquency continues beyond ten (10) days following
written notice for payment thereof.
C. The failure of FRANCHISEE to operate in the manner required by this
Agreement, where such failure continues for more than ten (10) days after written notice
from the CITY to correct the condition therein specified.
D. The failure to maintain the transit shelters in the state of repair required
hereunder, and in a clean, sanitary, safe and satisfactory condition, where such failure
continues for more than ten (10) 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 FRANCHISEE shall have immediately, following receipt of such notice,
commenced to perform whatever may be required to cure 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 FRANCHISEE 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 FRANCHISEE 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 FRANCHISEE; the
adjudication of FRANCHISEE as a bankrupt; the appointment of any receiver of
FRANCHISEE'S assets; the making of a general assignment for the benefit of creditors;
a petition or answer seeking an arrangement for the reorganization of FRANCHISEE
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
FRANCHISEE permanently of the rights, powers and privileges necessary for the
proper conduct and operation of the facilities; the levy of any attachment or execution
which substantially interferes with FRANCHISEE'S operations under this Agreement
and which attachment or execution is not vacated, dismissed, stayed or set aside within
a period of sixty (60) days.
G. Determination by the CITY, the State Fair Employment Commission, or
the Federal Equal Employment Opportunity Commission of discrimination having been
practiced by FRANCHISEE in violation of state and/or federal laws thereon.
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H. Transfer of the majority controlling interest of FRANCHISEE to persons
other than those who are in control at the time of the execution of this Agreement
without approval thereof by the CITY.
I. Failure to have submitted schematic plans and/or working drawings on
or before the date(s) designated in this Agreement or the Contract Documents for
submission thereof.
J. Failure to have commenced required construction or any phase thereof
on or before the date designated in this Agreement or the Contract Documents for
commencement thereof.
K. Failure to have completed construction on or before the date
designated in this Agreement or the Contract Documents for completion thereof.
24. INDEPENDENT CONTRACTOR.
24.01. The performance of FRANCHISEE'S services hereunder shall be in the
capacity of an independent contractor and not as an officer, agent or employee of the
City of Costa Mesa.
25. LITIGATION
25.01. In the event that litigation is brought by any party in connection with this
Agreement, the prevailing party shall be entitled to recover from the opposing party all
costs and expenses, including attorneys' fees, incurred by the prevailing party in the
exercise of any of its rights or remedies hereunder or the enforcement of any of the
terms, conditions, or provisions hereof.
26. DRUG-FREE WORKPLACE POLICY.
26.01. FRANCHISEE, upon notification of contract award, shall establish a Drug -
Free Awareness Program to inform employees of the dangers of drug abuse in the
workplace, the penalties that may be imposed upon employees for drug abuse
violations occurring in the workplace, and the employee assistance programs available
to employees. Each employee engaged in the performance of a CITY contract must be
notified of this Drug -Free Awareness Program, and must abide by its terms.
FRANCHISEE shall conform to all the requirements of CITY'S Policy No. 100-5,
attached hereto as Attachment No. 1. Failure to establish a program, notify employees,
or inform the CITY of a drug-related workplace conviction will constitute a material
breach of contract and cause for immediate termination of the contract by the CITY.
27. PROVISIONS CUMULATIVE.
27.01. The provisions of this Agreement are cumulative and in addition to, and
not in limitation of, any other rights or remedies available to CITY.
28. NOTICES.
28.01. It shall be the duty and responsibility of FRANCHISEE to notify
subcontractors and material men of the following special notice provision; namely, all
preliminary 20 -day notices or stop notices shall be directed only to the City Clerk and to
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no other department, and shall be either personally delivered or sent by certified mail,
postage prepaid.
28.02. All other notices shall be in writing and delivered in person or sent by
certified mail, postage prepaid. Notices required to be given to CITY shall be addressed
as follows:
The City of Costa Mesa
77 Fair Drive
Post Office Box 1200
Costa Mesa, California 92628-1200
Attention: Raja Sethuraman, Transportation Services Manager
28.03. Notices required to be given to FRANCHISEE shall be addressed as
follows:
Clear Channel Outdoor, Inc.
Attn: Vice President, Real Estate & Public Affairs
19320 Harborgate Way
Torrance, California 90501
With a copy to: Clear Channel Outdoor, Inc.
Attn: Operations Counsel
2325 E. Camelback Road, Ste. 400
Phoenix, Arizona 85016
29. SITE RELOCATION.
29.01. The City reserves the right to require the FRANCHISEE to relocate
shelters and/or benches, at FRANCHISEE's sole expense, for the convenience of
pedestrians and bus patrons or because of a change in bus stop locations or street
widening. The FRANCHISEE shall not relocate or remove a bus shelter or bench
without the City's permission.
29.02. The City, on its own accord or upon written request by FRANCHISEE,
may require or permit a shelter or bench to be removed or relocated if there is evidence
that FRANCHISEE is unable to properly maintain the shelter or bench because of
excessive vandalism or any other reasonable cause. For the purpose of this Agreement,
"Excessive vandalism" is defined as damage inflicted to an individual shelter during any
consecutive six (6) month period, which requires cumulative expenditures for
replacement and repair that exceed the original cost of construction and installation of
the shelter.
30. SHELTER SIGNAGE.
30.1. The FRANCHISEE shall ensure that bus route information and City
logo are displayed in and around the shelter.
30.2. The name of the nearest cross street where applicable, shall be
placed on the roof face on the end of the shelter closest to such cross street. Minimum
letter size for these signs shall be three (3) inches high and two and one half (2-1/2)
inches wide.
12 of 15
30.3. The FRANCHISEE shall affix, in a conspicuous area on each
shelter, an owner identification plaque that includes FRANCHISEE's business name
and telephone number.
31. SHELTER AND BENCH MAINTENANCE AND REPAIR.
31.1. The FRANCHISEE shall maintain, repair, clean and service all shelters
and benches, keeping them, their appurtenances and the immediate surrounding area,
in a safe, clean, attractive, and sanitary condition. The FRANCHISEE shall be at liberty
to enter upon and into shelters and benches at any reasonable time with personnel and
all necessary equipment and materials to provide for the satisfactory maintenance of the
shelters and benches. Trash removal at each of the shelters, and cleanup/maintenance
of the shelters and benches shall be provided by FRANCHISEE at least twice each
week. Each shelter and bus bench shall be completely steam cleaned in accordance
with the schedule set forth in Attachment 2 attached hereto.
31.2. In the event of damage, vandalism or graffiti to any Advertising Shelter or
City Shelter, within two (2) working days after the earlier of discovery thereof by
FRANCHISEE or receipt of notice thereof from the City, FRANCHISEE shall: (i) repair
or replace any affected Advertising Shelter; and (ii) repair, but not replace, any affected
City Shelter. If the 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,
FRANCHISEE shall repair or, if necessary, remove the entire shelter or bench with
twenty-four (24) hours of notification, leaving the site in a safe condition. Following the
removal of any Advertising Shelter in accordance with this Section, FRANCHISEE shall
replace and make fully operational a new Advertising Shelter at the same location within
five (5) working days after removal. The costs of replacing any City Shelter removed in
accordance with this Section shall be borne solely by CITY.
31.3. The FRANCHISEE shall furnish to the City a written monthly summary of
its shelter and bench maintenance operations with the City of Costa Mesa. All
maintenance work and corrective actions shall be performed at the expense of the
FRANCHISEE.
31.4. FRANCHISEE's personnel, equipment and/or vehicles shall not block
automobile or bicycle travel lanes during any replacement or repair activities unless
proper warning signs and traffic delineation devices are properly placed in accordance
with the Work Area Traffic Control Handbook (published by Building News, Inc.).
32. ADVERTISING.
32.1. FRANCHISEE shall not be required to submit advertising to CITY for
review or approval prior to placing such advertising on any shelter. Following the
placement of advertising on any shelter, if the City, in its reasonable discretion,
determine that any advertising on any shelter is improper, offensive or constitutes a
display that is likely to interfere with, mislead, or distract traffic or conflict with any traffic
control system, the FRANCHISEE shall be so advised and FRANCHISEE shall remove
13 of 15
such advertising within twenty-four (24) hours after the City serves, by certified mail or
fax, written notice thereof.
In addition, no advertising, sign, or devices shall be permitted to be displayed on or
about the shelter which:
32.1.1. Display the words "STOP", "DRIVE-IN", "DANGER", or any other
word, phrase, symbol or character which, as determined by CITY, may interfere with,
mislead or result in directing vehicular traffic.
32.1.2. Contain rotating, revolving, or flashing, lighting devises or any other
moving parts, unless approved by the CITY;
32.1.3. Is excessively illuminated, as determined by CITY, in its sole
discretion.
32.1.4. In the reasonable discretion of CITY, contains any depiction of any
act of an immoral, violent or debasing nature, or otherwise is not in keeping with
standards and surrounding locale.
32.1.5. Display the promotion of tobacco or alcoholic products.
33. PUBLIC SERVICE MESSAGES.
33.1. Upon no less than 30 days' advance written notice in each case,
FRANCHISEE shall, at least two (2) times per year, for at least ten (10) consecutive
calendar days, display at least one (1) public service announcement in lieu of paid
advertising in each bus shelter. The FRANCHISEE shall arrange for service and
installation of the public service announcements. The City shall be entitled to specify
certain public service messages to be displayed and shall approve all public service
messages. FRANCHISEE will produce and install 4'x6' posters displaying these public
service messages at no cost to the City, except that CITY shall provide at CITY's cost
all necessary artwork and copy.
[SIGNATURE PAGE FOLLOWS]
14 of 15
ATTEST:
City Clerk of the City of Costa Mesa
APPROVED AS TO FORM:
City Attorney's Office
APPROVED FOR CONTENT:
Projectf Manager
CITY OF COSTA MESA
Mayor of the City of Costa Mesa
FRANCHISEE:
By:
Title:
Address:
Telephone:
Attachment No. 1 — Drug Free Work Place Policy
Attachment No. 2 — Shelter Steam Cleaning Schedule
15 of 15
ATTACHMENT 1
SUBJECT
POLICY
EFFECTIVE
PAGE
NUMBER
DATE
DRUG-FREE WORKPLACE
100-5
8-8-89
1 of 3
BACKGROUND
Under the Federal Drug -Free Workplace Act of 1988, passed as part of omnibus drug legislation
enacted November 18, 1988, contractors and grantees of Federal funds must certify that they will
provide drug-free workplaces. At the present time, the City of Costa Mesa, as a sub -grantee of
Federal funds under a variety of programs, is required to abide by this Act. The City Council has
expressed its support of the national effort to eradicate drug abuse through the creation of a
Substance Abuse Committee, institution of a City-wide D.A.R.E. program in all local schools
and other activities in support of a drug-free community. This policy is intended to extend that
effort to contractors and grantees of the City of Costa Mesa in the elimination of dangerous drugs
in the workplace.
PURPOSE
It is the purpose of this Policy to:
1. Clearly state the City of Costa Mesa's commitment to a drug-free society.
2. Set forth guidelines to ensure that public, private, and nonprofit organizations receiving
funds from the City of Costa Mesa share the commitment to a drug-free workplace.
POLICY
The City Manager, under direction by the City Council, shall take the necessary steps to see that
the following provisions are included in all contracts and agreements entered into by the City of
Costa Mesa involving the disbursement of funds.
1. Contractor or Sub -grantee hereby certifies that it will provide a drug-free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession, or use of a controlled substance is prohibited in
Contractor's and/or sub -grantee's workplace, specifically the job site or location
included in this contract, and specifying the actions that will be taken against the
employees for violation of such prohibition;
17 o4/oz
SUBJECT
POLICY
EFFECTIVE
PAGE
NUMBER
DATE
DRUG-FREE WORKPLACE
100-5
8-8-89
2 of 3
b. Establishing a Drug -Free Awareness Program to inform employees about:
1. The dangers of drug abuse in the workplace;
2. Contractor's and/or sub -grantee's policy of maintaining a drug-free workplace;
3. Any available drug counseling, rehabilitation and employee assistance programs;
and
4. The penalties that may be imposed upon employees for drug abuse violations
occurring in the workplace;
c. Making it a requirement that each employee to be engaged in the performance of the
contract be given a copy of the statement required by subparagraph A;
d. Notifying the employee in the statement required by subparagraph 1 A that, as a
condition of employment under the contract, the employee will:
1. Abide by the terms of the statement; and
2. Notify the employer of any criminal drug statute conviction for a violation
occurring in the workplace no later than five (5) days after such conviction;
e. Notifying the City of Costa Mesa within ten (10) days after receiving notice under
subparagraph 1 D 2 from an employee or otherwise receiving the actual notice of
such conviction;
f. Taking one of the following actions within thirty (30) days of receiving notice under
subparagraph 1 D 2 with respect to an employee who is so convicted:
1. Taking appropriate personnel action against such an employee, up to and
including termination; or
2. Requiring such employee to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such purposes by a Federal, State, or local
health agency, law enforcement, or other appropriate agency;
18 04/02
SUBJECT
POLICY
EFFECTIVE
PAGE
NUMBER
DATE
DRUG-FREE WORKPLACE
100-5
8-8-89
3 of 3
g. Making a good faith effort to maintain a drug-free workplace through implementation
of subparagraphs 1 A through 1 F, inclusive.
2. Contractor and/or sub -grantee shall be deemed to be in violation of this Policy if the City
of Costa Mesa determines that:
a. Contractor and/or sub -grantee has made a false certification under paragraph 1
above;
b. Contractor and/or sub -grantee has violated the certification by failing to carry out
the requirements of subparagraphs 1 A through 1 G above;
c. Such number of employees of Contractor and/or sub -grantee have been convicted
of violations of criminal drug statutes for violations occurring in the workplace as
to indicate that the contractor and/or sub -grantee has failed to make a good faith
effort to provide a drug-free workplace.
3. Should any contractor and/or sub -grantee be deemed to be in violation of this Policy
pursuant to the provisions of 2 A, B, and C, a suspension, termination or debarment
proceeding subject to applicable Federal, State, and local laws shall be conducted. Upon
issuance of any final decision under this section requiring debarment of a contractor
and/or sub -grantee, the contractor and/or sub -grantee shall be ineligible for award of any
contract, agreement or grant from the City of Costa Mesa for a period specified in the
decision, not to exceed five (5) years. Upon issuance of any final decision
recommending against debarment of the contractor and/or sub -grantee, the contractor
and/or sub -grantee shall be eligible for compensation as provided by law.
19 04/02
MAINTENANCE SCHEDULE OF COSTA MESA AD -SHELTERS
INDEX
STOP
NUMBER
ADDRESS
DIR
STREET OF TRAVEL
SIDE
CROSS STREET
UP/CLEANING
SCHEDULE
POWER WASHING
SCHEDULE
SHELTER CAN
QUANTITY QUANTITY
ELEC.
SOURCE
TRAFFIC
SIGNAL
SCE
METER
CONFIGUR
ATION
1
1072
303
El
1 IrTH
TA7A__AM AVE
TWICEN
I Y
N
2
1073
403
EB
17TH ST
FS
TU TIN AVE
TWICE WEEKLY
BI -MONTHLY
1
1
CITY
1
N
N
3
Tui/
290
Wd
1i I H ST
FS
SANTA ANA AVE
TWE E WEBKLY
Bi -MONTHLY
1
1
fT-Y
1
N
BE
4
1078
202
WB
17TH 5T
N$
UKANGt AVE
TWICE WEEKLY
Bi -MONTHLY
1
1
CITY
1
N
N
1079
116
17TH ST
VNS
NEWPORT BLVD 300'
TWICE WEEKLY
BI -MUNI HLY
1
1
SCE
1
Y
N
6 1
1099
640 1
WB
19TH ST
FS
I MEYER PL
TWICE WEEKLY
Bi -MONTHLY
1 I
1
SCE
1
N
BE
7 1
1103
2802
EB
ADAMS AVE
FS
PLACEN I A AVE
I WIUL VVLLKLY
Bi-MUN I HLY
1
1
CII Y
'I
IV
KIL
6
1105
1557
EB
ADAM9 AVE
OPP
ROYAL PALM OR
TWICE WEEKLY
Bi -MONTHLY
1
1
SCE
i
Y
N
9
1111
1498
WB
ADAMS AVE
NS
HARBOR BLVD
TWICE WEEKLY
6�-M NTH LY
1
CITY
T
N
RTL
10
1112
1560
W6
ADAMS AVE
FS
ROYAL PALM UK
TWICE WEEKLY
Bi -MONTHLY
I
1
CITY
1
N
N
1:
1117
502
WB
ANTON BLVD
FS
SAKI OKA DR
1 WICE WEEKLY
BWONT HLY
1
1
SCE
1
Y
BB
12
1119
657
WB
ANTON BLVD
FS
PARK CENTER DR
TWICE WEEKLY
Bi -MONTHLY
1
3
SCE
1
N
N
13
l lz3
EB
dAICtFi S I
FS
MENDOZA DR
TVA CE WEEKLY
Bi -MONTHLY
1
1
CITY
1
N
Be
14
1125
893
EB
BAKER ST
FS
I BEARS 1
I WIDE VVCLKLY
Bi-MUN I HLY
1
1
UI 1 Y
1
N
Bli
15
1125
903
EB
AKER ST
CENTURY PL
TWICE WEEKLY
BI -MONTHLY
1
1
CITY
1
N
BB
16
1137
1152
WB
BAKER ST
FAIRVIEW RD 0'
I Y
i-qA NTHLY
1
1
SCE
Y
BB
17
1141
3052
NB
BRISTOL ST
PAULARINO AVE
TWICE WEEKLY
Bi -MONTHLY
1
2
SCE
1
Y
Be
i8
i142
3302
NB
BRISTOL $T
PNS
ANT N BLV❑
TWICE WEEKLY
Bi -MONTHLY
1
1
PVT_
N
N
19
1143
3392
SB
BKIS I UL 51
I OWN UEN I LK UR
TWICE WEEKLY
Bi -MONTHLY
1
1
CITY
N
BB
20
1145
3003
5B
BRISTUL ST
BAKER S I
T WICE WEEKLY
B*M L
T
1
ITY
N
RTL
21
5216
SB
BRISTOL ST
SANTA ANA AVE
TWICE WEEKLY
Bi -MONTHLY
1
1
SCE
1
Y
N
22
1155
113
EB
FAIR DR
FS
FAIRVIEW RD
TWICE WEEKLY
Bi -MONTHLY
I
1
CITY
1
N
Be
Ti
1163
102
WB
FAIR DK
FS
ENT. FAIRGROUNDS
TWICE WEEKLY
Bi -MONTHLY
2
1
CITY
2
N
Be
24
1171
2510
NB
FAIRVIEW RD
FS
FAIR DK
I WCE WEEKLY
BI-MIUN I HLY
I
1
CITY
1
N
N
11
NO
FAIRVIEW RD
VFS
ARLINGTON DR 300'1
TWICE WEEKLY
BI-MUN IHLY
2
1
CIIY
2
N
N
26
1174
2790
NB
FAIRVIEW RD
N
EL MiNO ➢RIADAMS AVE
TWICE WEEKLY
Bi -MONTHLY
1
1
CITY
1
N
N
28
11 S
3330
B
FAIRVIEW RD
FS
SOUTH
WEEKLY.
Bi -MONTHLY
1
CITY
1
29
1179
3331
SS
FAIRVIEW R
FS
SUNFLOWER AVE
TWICE WEEKLY
Bi -MONTHLY
1
1
SCE
1
Y
N
30
1181
3321
S$
FAIRVIEW RD
VNS
SOUTH COAST DR 600'
7WI E WEEKLY
8i•MONTHtY
1
1
SCE
1
N
N
31
1180
3335
SB
FAIRVIEW ❑
NS
SOUTH COAST DR
TWICE WEEKLY
E MTHLY
I
1
SCE
T
Y
6
33
1185
2703
SB
FAI VIEW RD
FS
JADAMS AVE
I L
N Y
1 I
C3
1
34
1186
2649
SB
FAIRVIEW RD
VNS
I ARLINGTON DR 300
TWICE WEEKLY
Bi -MONTHLY
2
1
SCE
2
Y
N
35
1187
2601
SB
FAIRVIEW RD
NS
JMERRIMACWAY
CE WEEKLY
Bi -MONTHLY
T
CITY
1
N
R
37
1198
2498
NB
HA LVD
iV
FAIR DR
E WEEKLY
Bi -M NTH LY
i
7
E
Y
RTL
36
1200
2665
NB
HAR80R BLVD
NS
PETERSON PL
TWICE WEEKLY
i -M NTHLY
1
1
E
Y
N
39
1201
1/98
NB
OR BLV❑
NS
ADAMSAVE
TWICE WEEKLY
Bi -MONTHLY
1
T
CITY
1
N
N
40
1204
3096
NO
HARBOR BLVD
NS
NUTMEG PL
TWICE WEEKLY
Bi -MONTHLY
2
2
CITY
2
N
RTL
42
1208
3555
8
HARBOR BLVD
FS
Ni A
TWICE WEEKLY
i- LY
2
2
SCE
2
Y
43
1209
3511
SB
HARBOR BLVD
NS
TUNFLOWER AVE
TWICE WEEKLY
Bi -MONTHLY
1
1
CITY
N
R`L
44
1210
3305
SB
HARBOR BLVD
NS
SOUTH COAST DR (500')
TWICE WEEKLY
Bi -MONTHLY
1
1
CITY
1
N
N
45
1215
2797
SB
HARBOR BLVD
FS
ADAMS AVE
TWICE WEEKLY
Bi -MONTHLY
1
1
CITY
1
N
RTL
1211
2609
SB
HAKBUK BLVU
FS
MERRIMAC WAY
I WICE WLLKLY
BI-MUN I HLY
1
1
CI 1 Y
1
N
Be
47
1218
2148
SB
HARBOR BLVD
FS
r
FAIR OR
ri
TWICE EKLY
Bi MONTHLY
-
1
CITY
N
Be
49
1251
1599
EB
MACARTHUR BLVD
F
HYLAND AVE
TWI E WEEKLY
r NTHLY
-
1
E
1
Y
N
50
1295
215'1
NB
PLAULN I IA AVt
v5
VIC I ORIA ST
I WICE WEEKLY
BI-MIUN I HLY
1
1
CITY
1
N
N
03/17/2014
INDEX
STOP
NUMBER
ADDRESS
DIR
STREET OF TRAVEL
SIDE
CROSS STREET
UP/CLEANING
SCHEDULE
POWER WASHING SHELTER CAN ELEC.
SCHEDULE QUANTITY QUANTITY SOURCE
TRAFFIC
SIGNAL
SCE
METER
CONFIGUR
ATION
51
1314
2900
N8
RED HILL AVE
FE
BRISTOL ST
TWICE WEEKLY
BI -MONTHLY
1
1
CITY
1
N
N
52
1318
3138
N8
REU HILL AVE
I"BAKEk
J I
TWICE WEEKLY
Hi -MONTHLY
1
1
ITY
1
N
N
53
1319
3160
NB
RED HILL AVE
INS
PAUtAR1N AVEI
WILE WEtKLY
til-N1UIV 1 FiLY
1
1
CITY
1
N
N
54
1327
2997
S9
R 9THILL AVE
FS
IKALMUb UR
TWICE WEEKLY
BI -MUNI HLY
1
1
CI 1 Y
1
N
N
55
1s28
2545
SS
REO HILL AVE
NS
CLI ON
—TWICE WEEKLY
BI -MONTHLY
1
1
SCE
1
Y
N
56
1330
1 1485 1
EB$u
Ni- LUwtK AVE
FS
HARtiUFi BLVD
TWICE WEEKLY
Bi•MONTHLY
1
1
5 E
1
Y
N
57
1334
1 7199
EB
SUNFLOWER AVE
FS
IFAIRVIEWRD
I VICE-
IICEW58
58
1338
I 1099
ES
SUNFLOWER AVE
FS
SMALLEY RD
TWICE WEEKLY
BI—MONTHLY
1
1
SUE
1
`(
IV
59
1337
1 99 1
Ed
I SUNFLVWER AVE
FS
!FUCHSIA ST
TWI E WEEKLY
I 8$ -MONTHLY
1 1
3
1 SCE
I
1
I Y
I N
60
1339
1 601 1
EB
SUIVFLUWERAVE
rS
IFLALP UR
I TWICE WEEKLY
I Bi -MONTHLY
I 1 I
1
I CITY
I 1 I
I N
N
61
1340
675
a
8
- S NF OWER AVE
NS
IPARK CENTER DR
TWICE WEEKLY
BI-MUN I HLY
1
1
L; T Ty
1
N
SB
TUTAi.
— = Hot Spot; two additional TBD.
1216 1 2697 SB IHAREJUR BLVD 1 N$ MESA VERDE EAST OR REMOVED
1071 203 EB 117TH ST I 1—S JUKANUI=AVE REMOVED
03/17/2014
zu
MAINTENANCE SCHEDULE OF COSTA MESA NON -AD SHELTERS
rOTAL 20 27
_ = Hot Spot; two additional TBD.
Clear Channel Owned:
13 1 1071 1 203 EB 117TH ST I FS JORANGEAVE I TWICE WEEKLY MONTHLY 1 1 NO B$
03/17/2014
OCTA STOP
UP/CLEANING
POWER WASHING
NUMBER OF
NUMBER OF
CONFIGURA
INDEX
NUMBER
ADDRESS DIR STREET OF TRAVEL
SIDE
CROSS STREET
SCHEDULE
SCHEDULE
SHELTERS
TRASH CANS
ELECTRICAL
TION
1
1080
WB 17TH ST
FS
I SUPERIOR AVE
TWICE WEEKLY
Bi -MONTHLY
1
1
NO
7ti
• •
EB 19TH ST
FS
POMO
ONTHLYl
3
1104
EB ADAMS AVE
FS
I MESA VERDE DR EA
TW[C£ WEEKLY
Bi -M NTHLY
i
i
71118
1220 WB ADAMS AVE
FS
FAIRVIEW RD
TWICE WEEKLY
Bi -MONTHLY
2
1
SCE
N
5
1109
W8 ADAMS AVE
FS
ENT 1250 CUR TOWN APTS
TWICE WEEKLY
Bi -MONTHLY
1
1
NO
6
1136
WB BAKER ST
NS
GRANT AVE
TWICE WEEKLY
Bi -MONTHLY
i
i
CITY
EBB
7
1140
NB BRISTOL ST
FS
BAKER ST
TWICE WERE
Bi -MONTHLY
1
2
NO
j N
8
1156
1 ES FAIR DR
NS
CIVIC CENTER
TWICE WEEKLY
&MONTHLY
1
1
YES
33
9
1188
S8 IFAIRVIEW RD
FS
FAIR DR I
TWICE WEEKLY
I Bi -MONTHLY 1
1
1
YES
N
1192
NB HARBOR BLVD
NS
BERNARD ST
TWICE WEEKLY
TWICE MONTHLY
2
NO
N
11.
1195
HARBOR10
NB BLVD
F5
VICTORIAMONTHLY
t2
1203
N BO BLVD
NS
BAKER T
TWICE WEEKLY
Bi -M NTHLY
1
1
YES
RTL
13
1206
N8 iiARBOR BLVD
FS
SOUTH COAST DR it
TWICE WEEKLY
I BI -MONTHLY 1
i
1 1 1Hp
BB
14
1285
1864 NB PARK AVE
VNS
19TH ST (300')iLAYOVER
TWICE WEEKLY
TWICE MONTHLY
15
1292
1 NS
18 ST II
E EEKLY
I 91 -MON -1 RLY I
1
1 2 1
YES
I N
1293
NB PLACENTIA AVE
NS
19TH ST
TWICE WEEKLY
MONTHLY16
TWICE
-
rm—ml
•
IT
1299
SB_ PLACENTIA AVE
F S
19TH ST
TWICE WEEKLY
TWICE MONTHLY17
hmm
•
181300
56 PLACENTIA AVE
FS
18TH ST
TWICE WEEKLY
Bi -MONTHLY
1
2
YES
N
rOTAL 20 27
_ = Hot Spot; two additional TBD.
Clear Channel Owned:
13 1 1071 1 203 EB 117TH ST I FS JORANGEAVE I TWICE WEEKLY MONTHLY 1 1 NO B$
03/17/2014
MAINTENANCE SCHEDULE OF COSTA MESA BUS BENCHES AND TRASH CANS
INDEX
OCTA STOP
NUMBER
ADDRESS DIR STREET OF TRAVEL
SIDE CROSS STREET
UPICLEANING
SCHEDULE
POWER WASHING
SCHEDULE
BENCH
TYPE
BENCH
QUANTITY
TRASH TYPE
TRASH
QUANTITY
CONFIGURATION
i
1067
Lb 1 /IHS 1
PLA N IA AV
I W L
L
N
1
1
W
2
1068
EB 17TH ST
FS F'OMO- - - f--
TWICE WEEKLY
QUAK I ERLY
CONIC.
1
CONC.
i
W
3
11770
EB 17TH S7
FS NEWPORT BLVD
TWICE WEEKLY
QUARTERLY
CONC.
1
CONC.
1
N
4
1074
491 EB 17TH ST
NS IRVINE AVE
TWICE WEEKLY
QUARTERLY
CONIC.
1
CONC.
1
N
5
1076
WB 17TH ST
FS I TUSTIN AVE
TWICE WEEKLY
QUARTERLY
CONC-
1
CONC.
1
W
5
1087
WB 17TH ST
NS I POMOINA AVE
TWICE WEEKLY
QUARTERLY
CONC.
1
CON - U.
1
KIL
7
1091
EB 19TH ST
FS ANAHEIM AVE
TWICE WEEKLY
QUARTERLY
CONC.
1
CONC.
1
W
8
1097
WB 19TH ST
FS HARBOR BLVD
TWICE WEEKLY
QUARTERLY
CONC.
1
CONIC.
1
N
9
1106
EB ADAMS AVE
FS HARBOR BLVD
TWICE WEEKLY
QUARTERLY
CONC.
1
NONE
0
BB
10
1107
EB ADAMS AVE
Nr PINECRE£K DR
TWICE WEEKLY
QUARTERLY
CONC.
7
CONC.
1
N
71
111$
9
WADAMS AVE
NS MtSA VtFCDE OFC ICAj I J
TWICE 1IVtE1'CLY
QUARTER
L;UNI:-
1
NVNE
V
VV
12
1116
EB ANT N BLVD
FS PARK CENTER OR
ICE WEEKLY
QUARTERLY
CUSTOM
2
CUSTOM
1
RTL
13
1122
E9 BAKER ST
OAP COOLIDGE AVE
TWICE WEEKLY
QUARTERLY
NC-
1
CONC.
1
BB
14
1'124
EB BAKER $T
OPF' HYDE C T
1 WILE WEEKLY
QUARTERLY
CONC.
1
NONE
0
W
15
1132
WB BAKER ST
I NS IRANDOLPH AVE
TWICE WEEKLY
QUARTERLY
CONC-
1
CONC.
1
BB
18
1133
WI3 I BAKER ST
I 1N5 i F-FREY OR
TWICE WEEKLY
QUARTERLY ERLY
CONC.
1
CONI:.
1
W
17
1 7750
1 1 NB BEAR ST
OPP SO.COAST DRIVE
TWICE WEEKLY
QUARTERLY
CONC.
1
CONC.
1
N
19
7754
SB BEAR ST
FS SOUTH COAST DR
TWICE WEEKLY
QUARTERLY I
r
CONC.
1 7
1 CONC.
1
BB
20
1139
NB BRISTOL ST
NS RANDOLPH AVE
TWICE WEEKLY
QUARTERLY
CONC.
1
CONC.
1
N
21
1144
B BRI T L T
F$ PAULARIN0 AVE
TWICE WEEKLY
QUARTERLY
CONC.
1
CONC.
1
N
22
1146
SB BRISTOL ST
FS BAKER ST
TWICE WEEKLY
QUARTERLY
CONC-
1
CONC.
1
N
23
1147
SB BRISTOL ST
FS RANDOLPH AVE
TWICE WEEKLY
QUARTERLY
CONC.
1
CONC.
1
N
24
1148
SB BRISTOL ST
VFS I BEAR ST 400'1
TWICE WEEKLY
QUARTERLY
CONIC.
1
CONC.
1
W
5
1158
1 ES DEL MAR AVE
NS ORANGE AVE
TWICE WEEKLY
QUARTERLY
CONC.
1
GONG.
1
W
A
1161
W -B DEL MAR AVE
NS ORANGE AVE
TWICE WEEKLY
UARTERLY
--r—,5N C.
1
CONC.
1
W
27
1162
WB DEL MAR AVE
NS NEWPORT BLVD
TWICE WEEKLY
QUARTERLY
CONC-
1
CONC.
1
RTL
28
1168
NB FAIRVIEW RD
FS WILSON ST
TWICE WEEKLY
QUARTERLY
CONC.
1
CONC-
1
N
29
1170
INB FAIRVIEW RD
FS I YORKTOWN LN
TWICE WEEKLY
QUARTERLY
CONC.
1
NONE
0
N
30
1172
NB FAIRVIEW RD
OPP MERRIMAC WAY
TWICE WEEKLY
QUARTERLY
CONC.
1
NONE
0
RI L
31
1176
NB FAIRVIEW RD
FS PAULARINO AVE
TWICE WEEKLY
QUARTERLY
CONC,
1
CONC.
1
N
32
1183
SB FAIRVIEW RD
OPP PAULAKINO AVE
I WICt WEEKLY
QUAK I tKLY
GONC.
1
NONE
0
N
33
1189
SB FAIRVIEW RD
FS LOYOLA RD
TWICE WEEKLY
QUARTERLY
CONC.
1
CONC_
1
N
34
1194
NB IHARBOR BLVD
FS BAY ST
TWICE WEEKLY
QUARTERLY
CONC,
1
CONC.
i
N
35
1197
NS HARBOR BLVD
FS ENT. 2300 HARBOR CENTER
TWICE WEEKLY
QUARTERLY
CONC.
1
CONC.
1
N
36
1199
NB HARBOR BLVD
NS MERRIMAC WAY
TWICE WEEKLY
QUARTERLY
CONC-
1
CONC-
1
N
37
1202
NB HARBOR BLVD
OPP PONDEROSA ST
TWICE WEEKLY
QUARTERLY
CONC-
1
CONC-
1
N
3$
1207
3599-B SB HARBOR BLVD
FS MACARTHUR BLVD
TWE E WEEKLY
QUARTERLY
CONC,
1
CONC.
1
W
39
1211
3203 1 SB IHARBOR BLVD
VFS GISLER AVE 400'
TWICE WEEKLY
QUARTERLY
CONC.
1
CONC.
1
W
40
1212
1. SB HARBOR BLVD
FS NUTMEG PL
TWICE WEEKLY
QUARTERLY
CONIC.
1
CONIC.
1
BB
03/17/2014
INDEX
OCTA STOP
NUMBER
ADDRESS DIR STREET OF TRAVEL
SIDE CROSS STREET
UP/CLEANING
SCHEDULE
POWER WASHING
SCHEDULE
BENCH
TYPE
BENCH
QUANTITY
TRASH TYPE
TRASH
QUANTITY
CONFIGURATION
41
1213
2999
SB HARBOR BLVD
VFS BAKER ST 350'
TWICE WEEKLY
QUARTERLY
CONC.
1
CONC_
1
N
42
1214
SB HARBOR BLVD
NS PONDEROSAST
TWICE WEEKLY
QUARTERLY
CONC_
1
CONC-
1
N
43
1220
2237
SB HARBUR BLVD
FJ WILSON SI
1 WIUE WEEKLY
QUARIERLY
UUNC.
1
L; -NC-
1
N
44
1221
SB HARBOR BLVD
NS VICTORIA ST
TWICE WEEKLY
QUARTERLY
CONC.
i
CONC.
1
N
45
i222
2047
SB HARBOR SLVU
OPP FLAY ST
TWICE WEEKLY
QUARTERLY
CONI;.
1
CONC.
1
N
46
1223
SB HARBOR BLVD
OPP FORD RD
TWICE WEEKLY
QUARTERLY
CONC.
I
CONC_
1
N
47
1224
1855
SB HARBOR BLVD
FS 19TH ST
TWICE WEEKLY
QUARTERLY
CONC_
1
CONC_
1
N
48
1233
SB MAIN b
FS SUNFLOWER AVE
TWICE WEEKLY
QUARTERLY
CQNC.
1
CUNC.
1
BB
49
1 1234
J NB NEWPORT BLVD
FS 17TH ST
TWICE WEEKLY
QUARTERLY
CONC-
1
CONC_
1
BB
50
1236
NO NEWPORT SLvD
FS BROADWAY
1WICEWEEKLY
QUARTERLY
CONI:-
i
CON -C.
1
N
51
1237
NB NEWPORT BLVD
FS 119TH ST
TWICE WEEKLY
QUARTERLY
GONG,
1
CONC_
1
N
52
1239
NB NEWPORT BLVD
NS BAY ST
TWICE WEEKLY
QUARTERLY
CONC.
1
CONC.
1
N
53
1240
NB NEWPORT BLVD
FS 21ST ST
TWICE WEEKLY
QUARTERLY
CQNC,
1
GONG.
1
N
54
1241
NB I NEWPORT BLVD
NS 22ND ST
I TWICE WEEKLY
I QUARTERLY I
GONG,
1
1 CONC.
1
N
55
1242
NB NEWPORT BLVD
NS 123RD ST
I TWICE WEEKLY
QUARTERLY
CONC.
1
CONC.
1
N
56
59
1243
1246
NB NEWPORT BLV
SB NEWPORT BLVD
FS VANGUARD WAY
I TWICE WEEKLY
TWICE WEEKLY
QUARTERLY
QUARTERLY
CQNC.
CONC.
1
1
CQNC.
CONC_
1
1
N
N
60
1247
SB NEWPORT BLVD
FS FAIRVIEW RD
TWICE WEEKLY
QUARTERLY
GONG,
1
CONC_
1
N
61
1248
SB (NEWPORT BLVD
FS VICTORIA ST
TWICE WEEKLY
QUARTERLY
CONC_
1
CONC.
1
N
62
1249
SB NEWPORT BLVD
NS BAY ST
TWICE WEEKLY
QUARTERLY
CONC.
1
CONC_
1
N
63
1250
SB NEWPORT BLVD
FS FORD ROAD
TWICE WEEKLY
QUARTERLY
CONC_
1
GONG.
1
W
64
1 1251
SB NEWPORT BLVD
FS j 19TH ST
TWICE WEEKLY
QUARTERLY
CONC.
1
CONC.
1
N
65
1252
SB NEWPORT BLVD
NS 18TH ST
TWICE WEEKLY
QUARTERLY
CONE.
1
GONG.
1
W
66
1257
NB ORANGE AVE
NS CABRILLO ST
TWICE WEEKLY
QUARTERLY
CONC.
1
GONG.
1
N
67
1750
NB ORANGE AVE
NS 19TH ST
TWICE WEEKLY
QUARTERLY
W
i
NONE
0
N
tib
1261
NB ORANGE AVE
NS `LOT li ST
I WIDE WEEKLY
QUARTERLY
GONG.
t
CONE.
1
N
69
1262
NS ORANGE AVE
FS SIERKS ST
TWICE WEEKLY
QUARTERLY
GONG.
1
GONG,
1
N
70
1263
NB ORANGE AVE
NS 2iSTS
TWICE WEEKLY
Ql1AfiltKLY
CUNC.
1
CONE-
1
H
71
i264
N8 ORANGE AVE
NS 22ND ST
TWICE WEEKLY
QUARTERLY
GONG.
1
GONE—
1
N
72
1 1255
NB ORANGE AVE
FS I 23RD ST
TWICE WEEKLY
QUARTERLY
CONC.
i
NONE
0
N
73
1266
NB ORANGE AVE
FS SANTA ISABEL AVE
TWICE WEEKLY
QUARTERLY
CONC_
1
NONE
0
N
74
1267
NB ORAN E AVE
FS MONTE VISTAA
TW1 E WEEKLY
QUARTERLY
CONN.
i
WM
1
N-
75
1258
NB ORANGE AVE
NS DEL MAR AVE
TWICE WEEKLY
QUARTERLY
CONC.
1 1
CONC-
1
N
76
126-9
SB ORANGE AVE
NS MON TE VIS TA AVE
TWICE WEEKLY
QUARTERLY
CONC-
1
GONG.
1
N
//
1270
56 IORANGE AVE
FS SANTA ISABEL AVE
TWICE W E Y
QUARTERLY
CONC,_
1
CONC.
i
N
78
1271
$B JORANGEAVE
N 23RD ST
TWICE WEEKLY
QUARTERLY
CONC.
i
CONC.
1
N
78
1 1272
SO ORANGE AVE
NS 22ND SI
TWICE WEEKLY
QUARTERLY
CONC.
1
GONG.
1
N
80
l2/:i
SB ORANGE AVE
NS 21ST ST
TWICE WEEKLY
QUARTERLY
CORC,
1
GONG,
1
N
81
1274
S9 ORANGE AVE
Fr BAY ST
TWICE WEEKLY
QUARTERLY
CUNC.
i
UUNC.
1
N
82
1276
SB ORANGE AVE
NS 191 H SI
IWIUE WEEKLY
QUARTERLY
GONG.
1
CQNC.
1
N
83
1280
SB ORANGE AVE
FS CABRILLO ST
TWICE WEEKLY
QUARTERLY
CONC.
1
CONC-
1
N
84
1290
NB PLACENTIAAVE
FS 16TH ST
TWICE WEEKLY
QUARTERLY
GONG,
2
CONC_
i
N
85
1291
NB PLACENTIAAVE
FS 17TH ST
TWICE WEEKLY
QUARTERLY
CONC_
1
CQNC-
1
N
86
1294
NB PLAC IN AVE
NS 20IH Sl
TWICE WEEKLYQl1ARItKLY
(;UN(;.
1 1
GONG.
1
N
03/17/2014
INDEX
OCTA STOP
NUMBER
ADDRESS DIR STREET OF TRAVEL
SIDE CROSS STREET
UPICLEANING
SCHEDULE
POWER WASHING
SCHEDULE
BENCH
TYPE
BENCH
QUANTITY
TRASH TYPE
TRASH
QUANTITY
CONFIGURATION
87
1296
SB PLACENTIAAVE
FS WILSON ST
TWICE WEEKLY
QUARTERLY
CONC.
1
CONC.
1
N
88
1297
SB FLACENIAAVE
FS VICTORIA ST
TWICEWEEKLY
UAR7 RLY
CONC.
1
CONC.
1
N
89
1298
SB PLACENTIA AVE
OPP 20TH ST
TWICE WEEKLY
QUARTERLY
CONC-
1
CONC.
1
N
90
1301
SB PLACENTIA AVE
FS 17TH ST
TWICE WEEKLY
QUARTERLY
CONC.
1
CONC.
1
N
91
1315
NB RED HILL AVE
FS CLINTON ST
TWICE WEEKLY
QUARTERLY
CONC.
1
NONE
0
N
9;13;2
SB RED HILL AVE:
FS PULLMAN ST
TWICE WEEKLY
QNRTERLY
CONC.
i
NONE
0
N
93
1323
SB REO HILL AVE
FS MCCORMICKAVE
TWICE WEEKLY
QUARTERLY
CUNC.
1
CONC.
1
N
94
i325
SB RED HILL AVE
FS BAKER ST
TWICE WEEKLY
QiJAR RlY
G kC.
7
NC.
N
95
1335
1121 EB SUNFLOWER AVE
FS WIMBLEDON WY
TWICE WEEKLY
QUARTERLY
CONC,
1
WIN
1
N
96
1338
EB ISUNFLOWER AVE
NS BEAR ST
TWICE WEEKLY
QUARTERLY
CDNC,
1
I CONE.
1
N
97
1341
EB SUNFLOWER AVE
FS I AVE OF THE ARTS
TWICE WEEKLY
QUARTERLY
CONC.
1
CONC.
1
N
98
1349
ES VICTORIA ST
OPP I AM RICAN AVE
Twict WEEKLY
QUARTERLYCONC-
7
G NC.
1
RTL
99
1351
EB VICTORIA ST
FS PLACENTIAAVE
TWICE WEEKLY
QUARTERLY
CONC.
1
CONC.
1
BB
i0u
i352
EB VI-IQFCIP.11
FS POMONA AVE
TWICE WEEKLY
QUARTERLY
N
1
C NC.
1
N
101
1353
EB V-iGTORiA ST
OPP MAPLE STI
TWICE WEEKLY
QUARTERLY ERLY
CONIC.
1
-ON-.
1
N
102
1354
EB VICTORIA ST
FS HARBOR BLVD
TWICE WEEKLY
QUARTERLY
CONC.
1
CONC.
1
N
103
1355
EB VICTORIA ST
FS THURIN AVE
TWICE WEEKLY
QUARTERLY
CONC.
1
NONE
0
N
104
1356
EB VICTORIA ST
VNS NEWPORT BLVD
TWICE WEEKLY
QUARTERLY
CONC.
1
CONC.
1
N
105
1359
WB VICTORIA ST
FS COLLEGE AVE
TWICE WEEKLY
QUARTERLY
CONC.
1
CONC.
1
N
106
1361
WB VICTORIA ST
—N -U- MAPLE ST
TWICE WEEKLY
QUARTERLY
CONC.
1
CONC.
1
Be
107
1362
WB VICTORIA ST
FS POMONA AVE
TWICE WEEKLY
QUARTERLY
CONC.
1
CONC.
1
BB
108
1363
WB VICTORIA ST
FS PLACENTIAAVE
TWICE WEEKLY
QUARTERLY
CONC.
1 1
CONC.
1
BB
109
1364
WB VICTORIA ST
FS NA IONAL AVE
TWICE WEEKLY
QUARTERLY
CONC.
1
NONE
0
88
110
1365
WB VICTORIA ST
NS 1AMERICAN AVE
TWICE WEEKLY
QUARTERLY
CONC-
1
CONC-
1
BB
111
1367
EB WILSON ST
FS PLACENTIAAVE
TWICE WEEKLY
QUARTERLY
CONC.
1
CONC-
1
W
112
Iitib
EB WILSON SI
OPT P MONAAVE(N-LEG)
TWICE WEEKLY
QUARTERLY
CONC,
1
CONE.
1
N
113
1369
EB WILSON ST
FS ANAHEIM AVE
TWICE WEEKLY
QUARTERLY
CONC.
1 1
CONC-
1
N
114
1370
EB WILSON ST
VNS HARBOR BLVD 400'
TWICE WEEKLY
QUARTERLY
CONC-
1
CONC.
1
N
115
1373
ES WILSON ST
OPP I COLGATE DR
TWICE WEEKLY
QUARTERLY
CONC.
1
CONC-
1
BB
118
8287
WB WILSON ST
FS IFAIRVIEW RD
I VVICE WEEKLY
QUARTERLY
CONC
1
CONC.
1
BB
117
119
1376
T378
WB WILSON ST
W8 WiLSON ST
OPP COLLEGE AVE
NS MAPLE ST
TWICE WEEKLY
TWICE WEEKLY
QUARTERLY
Ul/AFCI EFiLY
CONC.
COIN-.
1
1
CONC.
CON-.
2
i
N
N
1;0
1379
W6 WILSON ST
NS MEYER PL
I WIGS WEEKLY
QUARTERLY
GVNG.
1
CDNC.
1
N
127
1 13W
WB I WILSON ST
I NS IPQMONAAVE
i TWICE -WEEKLY
QUARTERLY I
CON
1
CDNC.
7
N
— = Hot Spot
03/17/2014
iVIAL 1Z4 IVV L Tlu