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HomeMy WebLinkAboutPR 18807: CONTRACT WITH HOUCK TRANSIT ADVERTISING City of Cit )10 ort rthutc" - Texas INTEROFFICE MEMORANDUM Office of the Transit Department Date: 4/2/2015 To: Brian McDougal,City Manager and City Council From: Colleen Russell,Transit Director Re: P.R.No. 18807-HOUCK TRANSIT ADVERTISING Nature of the request: The Transit Department seeks to get other source of revenues so as not to be dependent on government funds. In so doing Transit will be able to match other grants applied for without using City funds. Staff Analysis, Considerations: As government funding decreases, Transit needs a way to fill the gap for extra funding. Recommendation: The City Council review and approve this P.R. (proposed resolution) 18807 such that some of the financial burden be shifted to obtain private funds. Budget Considerations: The Port Arthur Transit will need to have a revenue account set up for Program Income and note that regardless of advertising, this contract ensures $250-p er month minimum for the life of the contract. wow__- Transit Directo P.R. No. 18807 04/09/2015 CWR RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH HOUCK TRANSIT ADVERTISING, OF SAINT PAUL, MINNESOTA, FOR MARKETING, ACCOUNTING AND CLIENT SERVICES TO PURSUE PROGRAM INCOME FROM ADVERTISING REVENUES FOR PORT ARTHUR TRANSIT (PAT). WHEREAS, per Resolution No. 11-498, the City of Port Arthur Transit Department (PAT) was authorized to pursue options to obtain program income from advertising revenues; and, WHEREAS, the Request for Proposal (RFP) was posted online, published in the Port Arthur News on February 15 and February 22, 2015, with sealed proposals to be submitted by March 11, 2015; and WHEREAS, only one proposal was submitted by Houck Transit Advertising ("Houck") of Saint Paul, Minnesota, but is still in compliance with the Federal Transit Administration's Circular 4220.1F regarding the competitive bid process; and, WHEREAS, a copy of the Evaluation Matrix is attached hereto as Exhibit"A"; and WHEREAS, this arrangement allows for the advertising time, cost and the matter of publication, to be supported by Houck's resources and staff; and, WHEREAS, Houck will provide the minimum monthly revenue of$250.00 to the City, which is the base bid that will be provided to the City regardless of the amount of advertising space sold by Houck; and WHEREAS, fifty percent (50%) of monthly gross revenue will be provided to the City based on the total gross revenues Houck receives for advertisements on City buses. If the P.R. No. 18807 04/09/2015 CWR percentage of gross monthly revenue received exceeds the minimum monthly revenue stated above, then this amount will be provided to the City; and WHEREAS, the estimated annual gross revenues received by Houck for advertisement on City buses is $30,000 to $45,000.00; and WHEREAS, the Transit Department requests that the City enter into a contract with Houck to provide said services, as specified in the contract, attached in substantially the same form as Exhibit"B". NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT,the facts and opinions are true and correct. THAT, the City Manager is hereby authorized to enter into a three (3) year contract between the City of Port Arthur and Houck Transit Advertising of Saint Paul, Minnesota. for marketing, accounting, and client services, in substantially the same form as attached hereto as Exhibit"B". THAT, Houck Transit Advertising will provide the minimum monthly revenue of $250.00 to the City, which is the base bid proposal submitted by Houck that will be provided to the City regardless of the amount of advertising space sold by Houck. THAT, fifty percent (50%) of monthly gross revenue will be provided to the City based on the total gross revenues Houck receives for advertisements on City buses. If the percentage of gross monthly revenue received exceeds the minimum monthly revenue stated above,then this amount will be provided to the City. THAT, the estimated annual gross revenues received by Houck for advertisement on City buses is $30,000 to $45,000.00. THAT, a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED this day of April, A.D., 2015, at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor: Councilmembers: NOES: Mayor ATTEST: City Secretary APPROVED AS TO FORM: t at City Attorney / APPROVED FOR ADMINISTRATION: City Manager _____4411Mhi. Director of Transit d_k_atcl...( C� Purchasing Manager EXHIBIT "A" City of Port Arthur Bus And Bus Shelter Advertising Evaluation Matrix Weight Houck Transit Advertising St. Paul,MN Experience 750 700 Personnel Qualifications 750 700 Project Approach 750 700 Revenue Proposal 600 560 Quality of Response 150 140 Total 3000 2800 6)/4/1:62//7,! J,1htrvt._ Clifton Williams, CPPB, Senior Purchasing Assistant ©ate EXHIBIT "B" CONTRACT BETWEEN THE CITY OF PORT ARTHUR AND HOUCK TRANSIT ADVERTISING THIS AGREEMENT, made this day of 2015, by and between the City of Port Arthur, a municipal corporation organized under the laws of the State of Texas, hereinafter called "OWNER" or "CITY" and Houck Transit Advertising, of Saint Paul, Minnesota, herein acting by and through , hereinafter called "CONTRACTOR". WITNESSETH: That for and in consideration of the payment terms, conditions and agreements set forth herein, OWNER and CONTRACTOR agree as follows: 1. The term of this Contract shall be for three (3) years from the date stated on the Notice to Proceed, unless sooner terminated under the provision hereof. The City can terminate this contract at its convenience which includes, but is not limited to, funding not being available in any budget cycle within fifteen (15) days written notice. 2. During, the term of this Contract, the Contractor will furnish at his own expense all of the vendors, transmittal supplies, labor and other services necessary in connection therewith, advertising as specified in the bid proposal. Transit will affix the information to the buses, based on information supplied by HOUCK. 3. The CONTRACTOR agrees to perform all the work described in the proposal and contract documents and to comply with the terms therein. Houck Transit Advertising will provide the minimum monthly revenue of$250.00 to the City, which is the base bid that will be provided to the City regardless of the amount of advertising space sold by Houck. Fifty percent (50%) of monthly gross revenue will be provided to the City based on the total gross revenues Houck receives for advertisements on City buses. If the percentage of gross monthly revenue received exceeds the minimum monthly revenue stated above, then this amount will be provided to the City. The estimated annual gross revenue received by Houck for advertisement on City buses is $30,000 to $45,000.00. 4. The term "Contract Documents" means and includes the following: A. Agreement B. Information for Bidders C. Bid D. General Conditions E. Specifications F. Addendum G. Notice to Proceed Page 1 of 2 5. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. 6. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials,this Agreement in(2 copies) each of which shall be deemed an original on the date first above written. Signed on the day of , 2015. CITY OF PORT ARTHUR By: Brian McDougal, City Manager ATTEST: City Secretary Signed on the day of , 2015. CONTRACTOR HOUCK TRANSIT ADVERTISING By: Print Name: Title: WITNESS: Print Name: Title: Page 2 of 2 CITY OF PORT ARTHUR,TEXAS 4 C:n f ADDENDUM NO.ONE (1) C5:,/ rthu`r`� r March 9, 2015 Proposals for: Bus & Bus Shelter Advertising The following clarifications, amendments, deletions, additions,revision and/or modifications are made a part of the contract documents and change the original documents only in the manner and to the extent hereinafter stated and shall be incorporated in the contract documents. Provisions of this addendum shall take precedence over requirements of the original contract documents and all PROPOSERS ARE REQUESTED TO ACKNOWLEDGE SAID PROVISIONS IN THEIR SUBMISSION. Addendum as follows: Below are questions that were received, and the answers to these questions are in bold. 1. How many buses in the fleet? Seven buses are in the fleet. 2. Are the paratransit vehicles available for advertising signs? Yes and we have nine available. 3. Will bus wraps be allowed on the paratransit vehicles? Yes. 4. Are any new buses expected to be brought into the fleet during the contract term? Yes we will receive seven new buses. 5. Are there any buses scheduled for retirement during the duration of the contract? We will return 10 leased buses once the new buses are received. 6. Are the buses dedicated to specific routes or do they rotate routes? Rotate Routes. 7. What is the capacity for holding buses in for sign and wrap installation? Only one bus can be held. Continued on Page2 .,1- - 2 C- - Sign.ture of Bidder Page 1 of 2 8. What are the best times to install signs and wraps? Weekends and after 6:00 PM on weekdays. 9. How often are the buses washed? Every Monday,Wednesday, and Friday. 10. Are all forms of bus wraps allowed? See following pages for examples of bus wrap options. All forms are accepted. End of Addendum If you have any questions or need additional information, please contact Clifton Williams at clifton.wil liams(iDportarthurtx.eov. NOTE: ALL PAGES OF ADDENDA MUST BE SIGNED AND SUBMITTED WITH YOUR PROPOSAL. • c AlP;%1;- izt-)faelaiee, Clifton Williams,CPPB Senior Purchasing Assistant Signature of Bidder Date Page 2 of 2 DELORIS"BOBBIE"PRINCE,MAYOR BRIAN MCDOUGAL DERRICK FREEMAN,MAYOR PRO TEM 11, CITY MANAGER COUNCIL MEMBERS: City of ;7-5,, SHERRI BELLARD,TRMC RAYMOND SCOTT,JR. � 4 CITY SECRETARY TIFFANY HAMILTON MORRIS ALBRIGHT o r r t h u r VAL TIZENO STEPHEN A.MOSELY CITY ATTORNEY WILLIE"BAE"LEWIS,JR. texas ROBERT E.WILLIAMSON KAPRINA RICHARDSON FRANK February 18,2015 REQUEST FOR PROPOSAL BUS AND BUS SHELTER ADVERTISING DEADLINE: Sealed proposal submittals must be received and time stamped by 3:00p.m., Central Standard Time, Wednesday, March 11, 2015. (The clock located in the City Secretary's office will be the official time.) All proposals received will be read aloud at 3:15p.m. on Wednesday, March 11, 2015 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. Proposals will be opened in a manner to avoid public disclosure of contents; however, only the names of proposers will be read aloud. MARK ENVELOPE: P15-034 DELIVERY ADDRESS: Please submit one (1) original and three (3) exact duplicate copies of your RFP to: CITY OF PORT ARTHUR CITY OF PORT ARTHUR CITY SECRETARY or CITY SECRETARY P.O. BOX 1089 444 4TH STREET, 4th Floor PORT ARTHUR, TEXAS 77641 PORT ARTHUR, TEXAS 77640 POINTS OF CONTACT: Questions concerning the Invitation to Bid should be directed in writing to: City of Port Arthur, TX Clifton Williams, Senior Purchasing Assistant P.O. Box 1089 Port Arthur, TX 77641 clifton.williams@portarthurtx.gov Purchasing Division/Finance Department I Purchasing Manager,Shawna Tubbs,CPPO,CPPB P.O.Box 1089 444 4th Street Port Arthur,Texas 776411 409.983.8160 I Fax 409.983.8291 The enclosed REQUEST FOR PROPOSAL (RFP) and accompanying General Instructions are for your convenience in submitting proposals for the enclosed referenced services for the City of Port Arthur. Proposals must be signed by a person having authority to bind the firm in a contract. Proposals shall be placed in a sealed envelope, with the Vendor's name and address in the upper left-hand corner of the envelope. ALL PROPOSALS.MUST BE RECEIVED IN THE CITY SECRETARY'S OFFICE BEFORE OPENING DATE AND TIME. It is the sole responsibility of the firm to ensure that the sealed RFP submittal arrives at the above location by specified deadline regardless of delivery method chosen by the firm. Faxed or electronically transmitted RFP submittals will not be accepted. Shawna Tubbs, CPPO, CPPB Purchasing Manager • Page 2 of 22 REQUESTS FOR PROPOSALS BUS AND BUS SHELTER ADVERTISING (To be Completed ONLY IF YOU DO NOT BID.) FAILURE TO RESPOND TO BID SOLICITATIONS FOR TWO (2) BID PERIODS MAY RESULT IN REMOVAL FROM THE VENDOR'S LIST. However, if you are removed you will be reinstated upon request. In the event you desire not to submit a bid,we would appreciate your response regarding the reason(s). Your assistance in completing and returning this form in an envelope marked with the enclosed bid would be appreciated. NO BID is submitted: this time only not this commodity/service only Yes No Does your company provide this product or services? Were the specifications clear? Were the specifications too restrictive? Does the City pay its bills on time? Do you desire to remain on the bid list for this product or service? Does your present work load permit additional work? Comments/Other Suggestions: Company Name: Person Completing Form: Telephone: Mailing Address: Email: City, State,Zip Code: Date: Page 3 of 22 City of Port Arthur Request for Proposals BUS AND BUS SHELTER ADVERTISING OBJECTIVE The Port Arthur Transit Department is seeking a response to the Request for Proposals (RFP) to provide Bus & Bus Shelter advertising services. Port Arthur Transit will use this service to provide revenue for the Transit Department. BACKGROUND 1. The sign racks on the outside of the bus are the following sizes: A. 88"x 30" (Long Rack) , B. 144"x 30" (Side Door Rack) C. 70"x 22" (Rear Sign) D. Inside the bus, the Advertising rack is 11 inches tall and can be as long as needed (The entire inside of the bus 30 feet) 2. The bus shelters have no racks but they could be installed by the contractor. Bus shelters vary in size all across the city. Below are the Bus Shelter sizes: A. Library Shelter: 13.5' Wide 6.1' Deep (Double wide) -Quantity 1 B. Older Shelters: 9.1' Wide 4.8' Deep—Quantity 9 C. New Shelters: 7.3' Wide 5.5' Deep—Quantity 10 3. The contract will be a three year contract. SCOPE OF WORK 1. Port Arthur Transit is seeking proposals from qualified contractors to provide exterior bus and bus shelter advertising. 2. The Contractor will have exclusive advertising rights, and will supply the Port Arthur Transit Department monthly payments based on Appendix A. 3. Contractor must submit a statement to Port Arthur Transit showing completion of the tasks that month, including the services rendered, the costs incurred for materials, the person(s) rendering performed services, and the amounts due to City. 4. If the work is halted at the request of the City, compensation to City shall be based upon the proportion of the work that was performed 5. Contractor shall provide all finished advertising material to be placed on the buses and bus shelters. 6. Contractor shall maintain the good condition of the advertisement. Contractor will repair all advertisements on Port Arthur Transit buses and shelters, and shall immediately replace any advertising material that has been stolen, damaged, or defaced. 7. The Contractor shall remove advertisements with expired sales agreements. 8. The Contractor shall employ its best efforts to develop and sell advertising space, and have a fully staffed business that includes the following: A. An experienced local advertising sales force with the capability of acquiring national advertisers and accounts. B. An administrative facility and work force capable of insuring proposed installation, maintenance, repair and removal of advertising displays. 9. Port Arthur Transit reserves the right to use up to two (2) exterior bus advertising spaces each calendar year for self-promotion. 10. All advertisements shall be reviewed and approved in writing by Port Arthur Transit prior to their placement on buses or shelters. Page 4 of 22 The City of Port Arthur requires comprehensive responses to every section within this RFP. Conciseness and clarity of content are emphasized and encouraged. Vague and general proposals will be considered non-responsive and will result in disqualification. To facilitate the review of the responses, Firms shall follow the described proposal format. The intent of the proposal format requirements is to expedite review and evaluation. It is not the intent to constrain Vendors with regard to content, but to assure that the specific requirements set forth in this RFP are addressed in a uniform manner amenable to review and evaluation. Failure to arrange the proposal as requested may result in the disqualification of the proposal. It is requested that proposals be limited to no more than 50 pares, excluding resumes. All pages of the proposal must be numbered and the proposal must contain an organized, paginated table of contents corresponding to the sections and pages of the proposal. A.)EXPERIENCE The successful proposer must demonstrate extensive experience in and understanding of the nature to carry out the intent of this project. Provide references within the past 3 years for similar clients. References must contain the name, title, company name, address, phone and email of organizations that may be contacted to verify qualifying experience. Include the type of work performed, approximate dates on which the work was completed. B.)PERSONNEL QUALIFICATIONS Experience of team — Include a brief description of responsibilities and summary resumes of key professional personnel emphasizing experience directly related to responsibilities of this project. A project manager must be designated, and an organizational chart must be included, showing the manager and all project staff who will provide services. C.) PROJECT APPROACH Describe the approach to be taken in addressing the proposed scope of work. The proposal must contain an explanation of the project management system and practices to be used to assure that the required proposed services are completed timely and that the quality of the products and services will meet Port Arthur Transit requirements. Proposals shall provide an explanation of the basis for determining the total estimated annual gross revenues received (Item #3 in Appendix A). This should include the area of advertising space sold and the value of each advertisement unit sold. D.) REVENUE PROPOSAL While price is an important factor, it will be considered as just one factor in the evaluation and selection process. The proposer must utilize the form provided in Appendix A in its submission of a cost proposal in response to this RFP. The cost proposal must be included in each copy of the proposal. E.)QUALITY OF RESPONSE Completeness of the response to this RFQ including submission of all checklist documents. Page 5 of 22 EVALUATION AND SELECTION PROCESS All proposals will be screened by an evaluation committee and those proposers selected for a short list may be invited to attend an interview, at the proposers own expense. Any invitation for an oral presentation will be solely for the purpose of clarifying proposals received from each qualifying proposer, and will not represent any decision on the part of the evaluation committee as to the selection of a successful proposer. The City will evaluate all responses based on the experience, qualifications, project approach, price, and quality of response. The City reserves the right to negotiate the final fee prior to recommending any Vendor for a contract. The City's process is as follows: 1. The evaluation committee shall screen and rate all of the responses that are submitted. Evaluation ratings will be on a 100 point scale and shall be based on the following criteria: a. Experience (25 points) b. Personnel Qualifications (25 points) c. Project Approach(25 points) d. Revenue Proposal (20 points) e. Quality of Response (5 points) 2. City staff shall recommend the most qualified Vendor to the City Council and request authority to enter into contract negotiations. 3. When services and fees are agreed upon, the selected Vendor shall be offered a contract subject to City Council approval. 4. Should negotiations be unsuccessful, the City shall enter into negotiations with the next, highest ranked Vendor. The process shall continue until an agreement is reached with a qualified Vendor. 5. This RFP does not commit the City to pay for any direct and/or indirect costs incurred in the preparation and presentation of a response. All finalist(s) shall pay their own costs incurred in preparing for,traveling to and attending interviews. The City reserves the right to use all pertinent information (also learned from sources other than disclosed in the RFP process) that might affect the City's judgment as to the appropriateness of an award to the best evaluated proposer. This information may be appended to the proposal evaluation process results. Page 6 of 21 EVALUATION AND SELECTION PROCESS All proposals will be screened by an evaluation committee and those proposers selected for a short list may be invited to attend an interview, at the proposers own expense. Any invitation for an oral presentation will be solely for the purpose of clarifying proposals received from each qualifying proposer, and will not represent any decision on the part of the evaluation committee as to the selection of a successful proposer. The City will evaluate all responses based on the experience, qualifications, project approach, price, and quality of response. The City reserves the right to negotiate the final fee prior to recommending any Vendor for a contract. The City's process is as follows: 1. The evaluation committee shall screen and rate all of the responses that are submitted. Evaluation ratings will be on a 100 point scale and shall be based on the following criteria: a. Experience (25 points) b. Personnel Qualifications (25 points) c. Project Approach (25 points) d. Revenue Proposal (20 points) e. Quality of Response (5 points) 2. City staff shall recommend the most qualified Vendor to the City Council and request authority to enter into contract negotiations. 3. When services and fees are agreed upon, the selected Vendor shall be offered a contract subject to City Council approval. 4. Should negotiations be unsuccessful, the City shall enter into negotiations with the next, highest ranked Vendor. The process shall continue until an agreement is reached with a qualified Vendor. 5. This RFP does not commit the City to pay for any direct and/or indirect costs incurred in the preparation and presentation of a response. All finalist(s) shall pay their own costs incurred in preparing for,traveling to and attending interviews. The City reserves the right to use all pertinent information (also learned from sources other than disclosed in the RFP process)that might affect the City's judgment as to the appropriateness of an award to the best evaluated proposer. This information may be appended to the proposal evaluation process results. Page 7 of 22 I NON-COLLUSION AFFIDAVIT p CITY OF PORT ARTHUR § p § STATE OF TEXAS r By the signature below, the signatory for the bidder certifies that neither he nor the firm, © corporation, partnership or institution represented by the signatory or anyone acting for the firm bidding this project has violated the antitrust laws of this State, codified at S Section 15.01, et seq., Texas Business and Commerce Code, or the Federal antitrust d laws, nor communicated directly or indirectly the bid made to any competitor or any other person engaged in the same line of business, nor has the signatory or anyone acting for the firm, corporation or institution submitting a bid committed any other act of collusion related to the development ;•n. ;.. •mission of this bid proposal. Signature: 4 � 1 Printed Name: • s (%tr6 Title: +p;ila�Llt� Sit tss Hf� (nom d Company: /-t'(?JCAC, < .J6- Date: 3/V/ (� SUBSCRIBED and sworn to before me the undersigned,authority by t'Vivi the of, }� c + ion behalf of said bidder. r'1V -0:«•. ° Just r{tiou4K Notary PUUiIC No ary Public in and for the s _. f'•N !'i State of Minnesota State of exams-- K. c\ My aConmmisrysion Expires 20 Jua31 20 My commission expires: ( -.3I " 6 e e C C C C e Page 8of21 40 S GENERAL INFORMATION: Proposers are cautioned to read the information contained in this RFP carefully and to submit a complete response to all requirements and questions as directed. TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this RFP, the terms "Bid" and `Proposal" shall be equivalent. AWARD: The City of Port Arthur will review all proposals for responsiveness and compliance with these specifications. The City reserves the right to award on the basis of the Lowest and Best Offer in accordance with the laws of Texas, to waive any formality or irregularity, and/or to reject any or all proposals. ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations, alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. WITHDRAWAL OF PROPOSAL: The proposer may withdraw its proposal by submitting written request, over the signature of an authorized individual,to the Purchasing Division any time prior to the submission deadline. The proposer may thereafter submit a new proposal prior to the deadline. Modification or withdrawal of the proposal in any manner, oral or written, will not be considered if submitted after the deadline. CONFLICT OF INTEREST: No public official shall have interest in this contract, in accordance with Vernon's Texas Code Annotated, Local Government Code Title 5, Subtitle C, Chapter 171. ETHICS: The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Port Arthur. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: 1. Be able to comply with the required or proposed delivery schedule. 2. Have a satisfactory record of performance. 3. Have a satisfactory record of integrity and ethics. 4. Be otherwise qualified and eligible to receive an award. 5. Be engaged in a full time business and can assume liabilities for any performance or warranty service required. 6. The City Council shall not award a contract to a company that is in arrears in its obligations to the City. 7. No payments shall be made to any person of public monies under any contract by the City with such person until such person has paid all obligations and debts owed to the City, or has made satisfactory arrangements to pay the same. ADDENDA: Any interpretations, corrections or changes to the RFP will be made by addenda no later than 48 hours prior to the date and time fixed for submission of proposals. Sole issuing authority of addenda shall be vested in the City of Port Arthur Purchasing Manager. The City assumes no responsibility for the proposer's failure to obtain and/or properly submit any addendum. Failure to acknowledge and submit any addendum may be cause for the proposal to be Page 11 of 21 rejected. It is the vendor's responsibility to check for any addendums that might have been issued before bid closing date and time. All addenda will be numbered consecutively, beginning with 1. PORT ARTHUR PRINCIPAL PLACE OF BUSINESS: Any bona fide business that claims the City of Port Arthur as its principal place of business must have an official business address (office location and office personnel) in Port Arthur, the principal storage place or facility for the equipment shall be in Port Arthur and/or the place of domicile for the principal business owner(s) shall be in Port Arthur or such other definition or interpretation as is provided by state law. Contractors outside the City of Port Arthur are allowed to bid. PRICES: The bidder should show in the proposal both the unit price and total amount, where required, of each item listed. In the event of error or discrepancy in the mathematics, the unit price shall prevail. PURCHASE ORDER: A purchase order(s) shall be generated by the City of Port Arthur to the successful bidder. The purchase order number must appear on all itemized invoices. INVOICES: All invoices shall be mailed directly to the City of Port Arthur, Attn.: Transit, P.O. Box 1089,Port Arthur, Texas 77641. PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax; therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur, Texas, Jefferson County. The City of Port Arthur may request and rely on advice, decisions, and opinions of the Attorney General of Texas and the City Attorney concerning any portion of these requirements. COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules, orders, regulations and codes of the federal, state and local governments relating to performance of work herein. INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and, the Contractor shall take appropriate steps to assure compliance. DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur. Code of Ordinances prohibits the City from granting any license, privilege or paying money to any-one owing delinquent taxes, paving assessments or any money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this RFP. Page 12 of 21 QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities less than the estimated amount. SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur, Port Arthur, TX 77640 INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each were included herein. If, through mistake or otherwise, any such provision is not inserted or is not correctly inserted the Contract shall be amended to make such insertion on application by either party. CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner, perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract, in accordance with the provisions of this Contract and said specifications. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. While the purpose of the specifications is to indicate minimum requirements in the way of capability, performance, construction, and other details, its use is not intended to deprive the City of Port Arthur the option of selecting goods which may be considered more suitable for the purpose involved. Under the Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants, agreements or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the City from the Contractor is determined. TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least thirty (30) days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the termination date. If this contract is terminated due to fault of the Contractor, the previous paragraph hereof relative to termination shall apply. Page 13 of 21 RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor to furnish releases or receipts for any or all persons performing work and supplying material or service to the Contractor, or any sub-contractors for work under this contract, if this is deemed necessary to protect its interests. CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and final acceptance by the City. SUB-CONTRACTS: The Contractor shall not execute an agreement with any sub-contractor or permit any sub-contractor to perform any work included in this Contract until he has received from the City of Port Arthur written approval of such agreement. INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by Owner. The Contract shall, at his own expense, purchase, maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this contract, whether the operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following types and limits 1. Standard Worker's Compensation Insurance: 2. Commercial General Liability occurrence type insurance City of Port Arthur, its officers, agents, and employees must be named as an additional insured): a. Bodily injury$500,000 single limit per occurrence or$500,000 each person/$500,000 per occurrence for contracts of$100,000 or less; or Bodily injury$1,000,000 single limit per occurrence or$500,000 each person/$1,000,000 per occurrence for contracts in excess of$100,000; and, b. Property Damage $100,000 per occurrence regardless of contract amount; and, c. Minimum aggregate policy year limit of$1,000,000 for contracts of $100,000 or less; or, Minimum aggregate policy year limit of$2,000,000 for contracts in excess of$100,000. 3. Commercial Automobile Liability Insurance (Including owned, non-owned and hired vehicles coverage's). a. Minimum combined single limit of$500,000 per occurrence, for bodily injury and property damage. b. If individual limits are provided, minimum limits are $300,000 per person, $500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage. Contractor shall cause Contractor's insurance company or insurance agent to fill in all information required (including names of insurance agency, contractor and insurance companies, and policy numbers, effective dates and expiration dates) and to date and sign and do all other things necessary to complete and make into valid certificates of insurance and pertaining to the above Page 14 of 21 listed items, and before commencing any of the work and within the time otherwise specified, Contractor shall file completed certificates of insurance with the Owner. None of the provisions in said certificate of insurance should be altered or modified in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form should contain a provision that coverage afforded under the policies will not be altered, modified or canceled unless at least fifteen (15) days prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port Arthur valid CERTIFICATE OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor (s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form (s) shall in any event be filed with the City of Port Arthur not more than ten(10) days after execution of this Contract. NOTICE TO PROCEED: Notice to Proceed shall be issued within ten (10) days of the execution of the Contract by OWNER. Should there be any reasons why Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between OWNER and CONTRACTOR. Page 15 of 21 S S S APPENDIX A. REVENUE PROPOSAL • The following minimum guarantee and percent revenue proposal includes all costs for labor, • materials, taxes, insurance, overhead, profits, and all other costs necessary to perform the work in accordance with the contract documents. • ITEM# DESCRIPTION COST Provide the minimum monthly revenue to be provided to the City. This is the base bid that will be provided to the 4, c-0114ACAA-4• 1 City regardless of the amount of advertising space sold by proposer. $ Provide the percentage of monthly gross revenue that will be provided to the City based on the total gross revenues Proposer receives for advertisements on City buses. If the 2 percentage of gross monthly revenue received exceeds the `] minimum monthly revenue stated above then this amount will be provided to the CityLiS %o 3 Provide estimated annual gross revenues received by Proposer 04)41 for advertisements on City buses $ 1 A,J 1'14.1/4-a COMPANY NAME STREET ADDRESS `�, r SIG 'ATURE OF BIDDER P.O. BOX 1'c-.;l �w Cc-062 PRINT OR TYPE NAME CITY STATE ZIP S (es-A- Lis g - -9 73 TITLE AREA CODE TELEPHONE NO V\_;.„icic..c_cA.S . Lc +.A l - 4.6C f(c'2-0 EMAIL FAX NO. S S Page 17 of 21 0 S A • qua Illinois Iowa Kansas Louisiana Minnesota Missouri Nebraska Wisconsin fil 161 p= �`+�� j# F i ryr • Amar •:"Ir" A i E 5 i O • 4 4 • `7 4 III Houck Transit Advertising Transit Advertising Proposal for : • Port Arthur Transit System 0 4610 Milton St. North Saint Paul, Minnesota 55126 800.777.7290 houckads.com 0 Houck Transit Advertising Page 1 of 1 houck TRANSIT AdvERhisiNq 1 ,p Request Info Why Transit? Ad Options About Us For Transit Managers , - i ti. r b le size an e . . „.._ , , , . . , 1 , . ..-•A ', I i,.• 1 "4i; . ,'' [ocatlo tR E>rs;tl111tr,z�r� iMuicts ,,. , „ # ;. irf �' 11111, clt,S Social Media Houck Transit Advertising has Why Bus Advertising? Updates been exclusively in the bus p advertising business for over 90 Bus ads are an effective and cost-efficient form of years. We are a professional, full outdoor advertising. Bus ads generate valuable service, family-owned bus impressions quickly leading to behavior-changing advertising company serving over frequency levels. Bus ads often travel downtown hourly, 139 people like this. 20 public transit systems in states are on the busiest expressways, and stop at shopping throughout the Midwest including malls. Bus ads also cover residential and commercial Minnesota,Wisconsin, Iowa, areas of the city not reached by outdoor billboards. c4 Twitter Missouri, Illinois, Nebraska,and View more benefits of bus advertising. Recent Updates: Kansas. We know what makes No tweets bus advertising a valuable part of available at clients' marketing plans. Bus Ad Options this time. Learn more about Houck Choose from a variety of ad sizes including full bus Transit Advertising. wraps. Let Houck Transit Advertising design various plans to fit your business advertising needs. View bus advertising options. View photo gallery of bus ads. For more info on bus advertising, please call 800-777-7290! Get more info. » Copyright©2014 Houck Transit Advertising Inc. I Website design and hosting by First Net Impressions http://www.houckads.com/ 5/27/2014 DNBi" Printed By:Jason Levine Date Printed:September 29,2014 Risk Management Live Report : HOUCK MOTOR COACH ADVERTISING, INC D-U-N-SO Number:05-832-5481 Trade Names: HOUCK ADVERTISING Endorsement/Billing Reference:levinej@dnb.com Endorsement: levinej@dnb.com Address 4610 N.Milton Street Location Type Single Location Saint Paul,MN,US- 55126 Web Phone 651 488-8933 Fax Company Summary Currency: Shown in USD unless otherwise indicated II Score Bar I -- PAYDEX® Paying on time. 1 Commercial Credit Score Class © Moderate Risk of severe payment delinquency. Financial Stress Score Class Low Risk of severe financial stress. Credit Limit D&B Conservative 2,500.00 Based on profiles of other similar companies. D&B Rating — — 2R indicates 1 to 9 Employees,Credit 2R2appraisal of 2 is good — 1 D&B Company Overview Detailed Trade Risk Insight"" This is a single location Days Beyond Terms Past 3 Months Chief Executive THOMAS L HOUCK, PRES Year Started 1919 Management Control 1995 120+—Days Beyond Temps —0 Employees 7 Dollar-weighted average of 3 payment Gross Revenue 1,200,000.00 experiences reported from 3 Companies SIC 7319 — Recent Derogatory Events Line of business Transit advertising NAICS 541890 Jun-14 Jul-14 Aug-14 History Status CLEAR Placed for Collection - - - Bad Debt Written Off - - - Public Filings The following data includes both open and closed Total Amount Current&Past Due-12 Month Trend filings found in D&B's database on this company. Record Type Number of Most Recent Records Filing Date Bankruptcies I Judgments 0 - 2000— 1000— 0 11111100 . 0 . 11. Sep 13 Nov 13 Jan 14 Mar 14 May 14 Jul 14 Liens 0 - Oct 13 Dec 13 Feb 14 Apr 14 Jun 14 Aug 14 Suits 0 - w Current 1-60 Days ow 61+Days UCCs 0 - The public record items contained herein may have PAYDEX®Trend Chart been paid.terminated,vacated or released prior to todays date. 100- 1 I 1 1 90 L__ _f_ _1_ 80 43234.444.144.144.1904.114_,) 80' 70 _L-_J___L___L__J___1___L__J___1 1 I 1 I 1 60 50 • 40An I I 30 20 10 UN I I I i I i i I i i 10/013 12/013 2/014 4/014 6/014 8/014 11/013 1/014 31014 5/014 7/014 9/014 • This Company ■ Industry Benchmark Predictive Scores Currency: Shown in USD unless otherwise indicated D&B Viability Rating Summary The D&B Viability Rating uses D&B's proprietary analytics to compare the most predictive business risk indicators and deliver a highly reliable assessment of the probability that a company will go out of business. become dormant/inactive.or file for bankruptcy within the next 12 months. Viability Score 9 5 1 High Risk Low Risk Compared to All US Businesses within the D&B Database: • Level of Risk:Low Risk • Businesses ranked 2 have a probability of becoming no longer viable:2 • Percentage of businesses ranked 2:4 • Across all US businesses,the average probability of becoming no longer viable:14% • 2 EXHIBIT "C" FEDERAL CLAUSES ONLINE Federally Required and Other Model Clauses http://www.fta.dot.gov/12831 6195.html Applicability of FTA Circular 4220.1F FAQ Search http://www.fta.dot.gov/13057 12000.html Page 16 of 21 APPENDIX B. ACCEPTANCE OF ALL FEDERAL CONTRACT CLAUSES The Proposer shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by. reference in the Master Agreement between City and FTA, as they may be amended or promulgated from time to time during the term of this Contract. Proposer's failure to so comply shall constitute a material breach of this Contract. The Proposer, } ; 1`�n�5 4 Adue.hs, certifies or affirms that they have read and accepts all of the aforementioned Federal Transit Administration contract clauses. ,c ) Sig ature of Proposer's Authorized Official Name and Title of Proposer's Authorized Official e ?(C(t e Date e e c c e E E e E e Page 18 of 21 E APPENDIX C . CERTIFICATION OF RESTRICTIONS ON LOBBYING The undersigned certifies,to the best of his or her knowledge and belief, that: 1) No federal appropriated funds have been or will be paid, by or on behalf of the undersigned,to any person for influencing or attempting to influence an office or employee of any agency, a member of Congress, an officer or employee 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 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 Form to Report Lobbying", in accordance F v with its instructions. 3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance is 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. Executed this day of Y�k.C:rC , 201 . CompanyrName: r�V By: .TANP ( ignature of Company Official) (Title of Company Official) c Page 19 of 21 K' APPENDIX D . BUY AMERICA CERTIFICATION The Proposer shall submit to the FTA recipient the appropriate Buy America certification (below) with all Proposals or offers on FTA-funded contracts, except those subject to a general waiver. Proposals or offers that are not accompanied by a completed Buy America certification must be rejected as nonresponsive. This requirement does not apply to lower tier subcontractors. Certification requirement for procurement of steel, iron, or manufactured products. Certificate of Compliance with 49 U.S.C. 53230)(1) The bidder or offeror hereby certifies that it will meet the requirements of 49 U.S.C. 5323(j)(1) and the applicable regulations in 49 CFR Part 661.5. oe Date jib r Signature ra". 11110 se Company Name P Y Ac t,L �� t ri:�S cac VSeS se Title e pi Certificate of Non-Compliance with 49 U.S.C. 53230J(1) The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C. 5323(j)(1) and 49 C.F.R. 661.5, but it may qualify for an exception pursuant to 49 U.S.C. 5323(j)(2)(A), 5323(j)(2)(B), or 53230)(2)(0), and 49 C.F.R. 661.7. Cr b► Date Signature e Company Name e Title e I I Page 20 of 21 r p p Certification requirement for procurement of buses,other rolling stock and associated equipment. Certificate of Compliance with 49 U.S.C. 53230)(2)(C). 111 The bidder or offeror hereby certifies that it will comply with the requirements of 49 U.S.C. 5323(j)(2)(C) and the regulations at 49 C.F.R. Part 661.11. p Date Signature Mrrai �► Company Name �_c fc. , Title , .v_ f Certificate of Non-Compliance with 49 U.S.C. 53230)(2)(C) The bidder or offeror hereby certifies that it cannot comply with the 5 requirements of 49 U.S.C. 5323(j)(2)(C) and 49 C.F.R. 661.11, but may qualify for an exception pursuant to 49 U.S.C. 5323(j)(2)(A), 5323(j)(2)(B), or 5323(j)(2)(D), and 49 C.F.R. 661.7. Sr Date Signature Company Name 3i Title Page 21 of 21 Il�