HomeMy WebLinkAbout08 CLEAR CHANNEL BUS SHELTER 06-05-06AGENDA REPORT
MEETING DATE: JUNE 5, 2006
TO: WILLIAM A. HUSTON, CITY MANAGER
FROM: PUBLIC WORKS DEPARTMENT
SUBJECT: APPROVAL OF AN EXTENSION TO THE AGREEMENT BETWEEN
CLEAR CHANNEL OUTDOOR AND THE CITY OF TUSTIN TO
MAINTAIN BUS SHELTERS AND BENCHES WITHIN THE CITY OF
TUSTIN
SUMMARY
Clear Channel Outdoor (CCO) maintains all bus shelters and concrete bus benches in
the City pursuant to an Agreement. The Agreement generates revenue for the City,
and CCO has provided satisfactory service to the City for the past 10 years. Pursuant
to the Agreement, staff is recommending that the City Council approve the renewal of
the Agreement for two years.
RECOMMENDATION
Approve an extension to the Agreement for a period of two years.
FISCAL IMPACT
The Agreement with Clear Channel Outdoor pays the City $1,500 per year for each
advertising shelter plus 1 % of advertising revenue. The total annual revenue to the City is
approximately $55,000.
BACKGROUND
The City entered into an Agreement with Eller Media Company in December of 1995 to
construct and maintain bus shelters and benches in the City. Eller Media was acquired
by Clear Channel Outdoor (CCO) in 1997 and changed their name in 2001. Clear
Channel Outdoor has requested City approval of the second of two two-year
extensions as allowed in the Agreement. To date, CCO has installed 35 advertising
shelters and 35 concrete bus benches in the City. CCO maintains all bus shelters and
concrete benches that it has provided in the City and has performed satisfactorily
during the term of the agreement.
Approval of an Extension to the Agreement between Clear Channel Outdoor and the City
of Tustin to Maintain Bus Shelters and Benches within the City of Tustin
June 5, 2006
Page 2
CCO has also been very responsive to staff and citizen requests for special services.
Graffiti and vandalism are ongoing issues and CCO has been very responsive to
cleaning requests. Plexiglas advertising panels have frequently been replaced when
etched or faded. CCO also recently refurbished many of the bus shelters in the City
by painting the structures, benches and trash containers and steam cleaning the bus
stop areas.
CCO has also been very careful in their selection of advertising. On the rare occasion
where an advertisement has offended a citizen, CCO has promptly responded by
removing the advertisement.
In conclusion, staff is recommending that the City Council renew the Agreement for a
period of two years. The proposed Agreement extension will terminate in June of 2008.
At that time, the City will either assume maintenance of the shelter facilities or enter
into a new Advertising and Maintenance Agreement with CCO or another shelter
company.
Tim D. Serlet
Director of Public Works/City Engineer
Joe Meyers
Administrative Services Manager
TDS:JM:ccg:Approval of Ex! #2 of Agmt with Clear Channel. doc.
Attachments: Clear Channel Outdoor renewal request letter
Original Agreement with Eller Media
1999 Amendment # 1
Shelter Locations Spreadsheet
~ CLEARCHANNEL
OUTDOOR
O . r(:;~":!i \YJ
C~'(\_J/ t'-:.:aL \
February 20, 2006
FE8 2 2 2006
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TUSl"
,:.iRKS DEPT.
Joe Meyers
Administrative Services Manager
City of Tustin
300 Centennial Way
Tustin, CA 92780
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RE: CLEAR CHANNEL OUTDOOR AGREEMENT EXTENSION
Dear Mr. Meyers:
Clear Channel Outdoor is requesting to extend the existing agreement to construct and
maintain bus shelters and benches within the City of Tustin, California. The agreement
states that the it may be extended for up to two further successive terms of two (2) years
each (collectively the option terms). Therefore, Clear Channel Outdoor is requesting for
the second two year extension.
Clear Channel Outdoor is current with all payments and terms of the agreement. If there are
any issues that have not been addressed, please let me know and we will take care of
them immediately.
If you have any questions please let me know.
Sincerely,
Layne Lawson
Director of Public Affairs
Clear Channel Outdoor
323-755-7234
laynelawson@clearchannel.com
ClearChanncl Outdoor
19320 Harbllrgate Way ~ Los Angele~, CA 90'>UI" www.c1earchanneloutdoor.com
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AN AGREEMENT BETWEEN
THE CITY OF TUSTIN AND ELLER MEDIA COMPANY
TO CONSTRUCT AND MAINTAIN BUS SHELTERS AND BENCHES WITHIN
THE CITY OF TUSTIN,CALIFORNIA
Table of Contents
Chapter
Page Number
1.0 GRANT OF RIGHT BY CITY ................................. 2
2.0 TERM OF AGREEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
3.0 CONCESSION FEES ....... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4
4.0 ACCOUNTING RECORDS ...................................5
5.0 BASIC CONTRACTOR SERVICE OBLIGATIONS .................... 6
6.0 SITE LOCATION ..........................................7
7.0 OPERATING RESPONSIBILITIES ..............................8
8.0 REPAIR AND MAINTENANCE . . .. . . . . . . . . . . . . . . . ; . . . . . . . . . . . . 10
9.0 SHELTER AND BENCH REMOVAURELOCATION ................. 11
10.0 SHELTER DESIGN AND CONSTRUCTION SPECIFICATIONS .......... 12
11.0 PERMIT REQUIREMENTS. . . . . . . . . . . . . . . . . . . . . . . . . .'. . . . . . . . 12
12.0 DISPUTES PERTAINING TO PAYMENT FOR WORK. . . . . . . . . . . . . . . . 14
13.0 SUPERINTENDENCE BY THE CONTRACI'OR .................... 14
14.0 INSPECTION BY THE CITY ................................ 14
15.0 CARE OF WORK AND OFF-SITE AUTHORIZATION .. . . . . . . . . . . . . . . 14
16.0 PERFORMANCE GUARANTEE SECURITY. . . . . . . . . . . . . . . . . . . . . . . 14
17.0 FORCEMAIEURE ............................... ... ......15
18.0 RIGHT OF REMEDY/ENTRY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
19.0 TERMINATION OF AGREEMENT. . . . . . . . . . . . . . , . . . . . . . . . . . . . . 15
20.0 DEFAULT ............................................ 16
21.0 SURRENDER ....................................... .'. . 17
22.0 SUBORDINATION. . . . . . _ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
23.0 INSURANCE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
24.0 HOLD HARMLESS AND INDEMNIFICATION. . . . . . . . . . . . . . . . . . . . . 19
25.0 NOTICES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20
26.0 INDEPENDENT CONTRACTOR .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
27.0 SUBCONTRACTORS ..................................... 21
28.0 ASSIGNABILITY .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
29.0 CONTRACTOR STATUTORY AND REGULATORY COMPLIANCE . . . . . . . 22
30.0 EQUAL OPPORTUNITY EMPLOYMENT ..................... . . . 22
31.0 EMPLOYEES RIGHT TO WORK. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
32.0 LEGAL WORK DAY - PENALTIES FOR VIOLATION . . . . . . . . . . . . . . ; . 23
33.0 PREVAILING WAGE SCALE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
34.0 VAUDITY ........................................ . . . . .23
35.0 GOVERNING LAW ......................................23
36,0 ENTIRE AGREEMENT ................................ . . . . 23
37.0 TAX INTEREST. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
AN AGREEMENT BETWEEN
THE CITY OF TUSTIN AND ELLER. MEDIA COMPANY
TO CONSTRUCT AND MAINTAIN BUS SHELTERS AND BENCHFS WITHIN
THE CITY OF TUSTIN, CALIFORNIA
TInS AGREEMENT, made and entered into on this ~ CJ~ day of
~ I. _' ~. ., ,J1995, by and between the CITY OF TUSTIN, a Municipal Corporation
of the State of California, and ELLER MEDlA COMPANY (the "Contractor").
RECITALS:
A. City has identified a need for bus shelters and bus benches, hereinafter referred
to as "shelters"I"benches" respectively, at various bus stop locations throughout the City.
B. City desires to provide such shelters and benches without incurring costs and
expenses therefor.
C. City has requested proposals for construction and maintenance of such shelters and
benches to be accomplished by entering into a written agreement between the City and the
Contractor.
D. Contractor represents that it is willing and qualified to provide and maintain such
shelters and benches under the terms and conditions hereinafter set forth.
E. City is willing to provide the Contractor with the exclusive right to construct,
erect, install, repair, maintain and insure shelters and benches on City-owned property, under
the terms and conditions hereinafter set forth.
AGREEMENT
NOW, THEREFORE, in consideration of the respective and mutual covenants and
promises hereinafter contained and made and subject to all of the terms and conditions hereof,
the parties hereto do hereby agree as follows:
1.0 GRANT OF RIGHT BY CITY.
1.1 City hereby grants to Contractor, on the terms hereinafter described, the
exclusive right to construct, erect, install, repair, maintain and insure shelters and benches as
described below in this Agreement.
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1.2 City will permit Contractor to construct forty-four a minimum of (44)
advertising shelters initially, with increases in the number of shelters permitted by mutual
consent during the term of the Agreement. Contractor shall install and maintain four (4) non-
advertising bus shelters and thirty-five (35) non-advertising benches as a condition of this Grant
of Right by the City. Contractor .shall also maintain seven (7) existing City owned shelters in
the Old Tustin area and perform trash pickup at a maximum of fifteen (15) bus stop locations
to be identified by the City. The potential locations of the proposed shelters and benches
referred to in this Section are specified on the Bxhibitsto this Agreement.
2.0 TERM OF AGREEMENT,
2.1 The term of the Agreement shall be for a period of five (5) years,
commencing on the first day of the calendar month succeeding the issuance of City
encroachment permits for all bench and shelter locations to the Contractor unless previously
terminated as hereafter provided.
2.2 In the event Contractor holds over beyond the term herein provided,
written consent of the City is required. Such holding shall be from month to month only,
subject to the conditions of this Agreement and shall be at the monthly compensation provided
herein.
2.3 Contractor may apply for an extension of the term of this Agreement for
up to two further successive terms of two (2) years each (collectively the option terms); provided
that no later than sixty (60) days prior to the expiration date of the respective term, the City
receives a written request therefor, signed by the Contractor. The City Council shall have
exclusive discretion to reasonably determine whether to grant or deny Contractor's application.
The financial terms of this agreement applicable during any extended term. including basic
service obligations, base concession fee payments, percenla&e fee payments and required bus
shelter and bus stop improvements shall be mutually agreed upon by City and Contractor.
Contract extensions shall also be conditional on all of the following:
a. Contractor is in good faith compliance with the terms of this Agreement;
b. This Agreement has not been canceled by City prior to expiration of the
term of this Agreement;
c. Contractor is not in default under this Agreement;
d. Contractor has not abandoned, vacated or discontinued operations for a
period in excess of ten (10) days; and
e. Contractor has received satisfactory performance evaluations from the
City.
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2.4 At the termination of this Agreement or at the end of any Agreement
extensions, the advertising shelters, non-advertising shelters and benches shall become the
property of the City with no additional compensation to the Contractor.
3.0 CONCESSION 'FF.1l'.Ii:.
3.1 11.... COD"".!rion Fee The Contractor shall pay to the City a guaranteed
minimum annual base fee of $66,000 ($125 per shelter x 12 months x 44 advertising shelters).
The Contractor will advance the City $132,000 against the Guaranteed Minimum Base
Concession Fees. The guaranteed minimum annual base concession fee shall be paid in advance
by the Contractor within 30 days of the approval of this Agreement. Beginning with the third
year of this Agreement and all subsequent years, including any extensions years, the guaranteed
minimum annual base concession fee shall be paid by the Contractor to the City in advance or
before the anniversary date of the approval of this agreement. If, at any time, the City and the
Contractor agree to additional shelters, then the guaranteed minimum annual base concession fee
shall be adjusted for payment on a quarterly basis ofS125 per additional advertising shelter per
month for each shelter over the forty four (44) advertising shelters required by this agreement.
Said adjustments to the base concession fee shall become due and payable on the 25th day of the
month immediately following the rust quarter during which the additional advertising shelters
are constructed in the City and thereafter until the minimum annual base fee is due, at which
point the Base Concession Fee shall be adjusted. All Base' Concession Fee payments from
Contractor to City shall be supported by a Statement of Account identifying each shelter location
and the required guaranteed minimum annual base concession fee.
3.2 Percental!e Concession Fee. In addition to the guaranteed minimum annual
concession base fee, Contractor shall pay to City, on a quarterly basis and as defined below,
a percentage fee on gross advertising revenue for all advertising shelters equal to one percent
(1 %) of gross advertising revenues. Subject to Section 3.7, said percentage fee shall become
due and payable quarterly on the twenty-fifth (25th) day of the month immediately following the
end of the first quarter during which advertising shelters are constructed in Tustin, and thereafter
the percentage fee shall be paid quarterly on all additional gross advertising revenues made
during the remainder of the term of this agreement and during any subsequent Agreement
extensions. In addition, if the Contractor is successful in negotiations to maintain and operate
any advertising shelters in the East Tustin area (shelter locations tentatively identified in Exhibit
B this Agreement and other locations that may be added), Contractor shall pay to City one
percent (1 %) of gross advertising revenues to City at the same time and under the same
conditions as stated above for the rest of the City.
3.3 Quarters will end on March 31, June 30, September 30, and December 31.
The City's acceptance of any monies paid to City by Contractor as a fee, as shown by any
statement furnished by Contracior, shall not be construed as an ad mission of the accuracy of said
statement, or of the sufficiency of the amount of said fee payment, but City shall be entitled to
review the adequacy of such payment as herein set forth.
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3.4 Gross Advertisin~ Revenue. The term "Gross Advertising Revenue" as
used herein is defined as all fees or revenues collected or due to be collected by the Contractor
for advertising services on bus shelters identified in this Agreement.
3.5 Contractor shall. furnish the City Finance Director with a statement of
Contractors gross advertising revenues received per shelter with each quarterly percentage fee
payment. Each statement shall be signed and certified to be correct by a Contractor officer
identified in Section 26.2.
3.6 Payment shall be payable at the office of the City of Tustin Finance
Director at 300 Centennial Way, Tustin, California or at such other place or places as City may,
from time to time designate by written notice to Contractor.
3.7 Concession fees and other sums due City under this Agreement shall be
due when specified in this Agreement and shall bear a late payment charge of two percent (2 9Ii)
per month if not paid within ten (10) calendar days after the date on which payment is due. In
no event, however, shall any such late charges exceed the maximum amount permitted by law.
Any returned checks will be assessed the maximum fee for returned checks permitted by State
law to cover bank charges. In addition, the late payment charge shall be added unless the
replacement payment is made within the ten (10) calendar day grace period. Failure to pay
concession fees and other sums due is also grounds for default pursuant to Section 20 of this
Agreement.
4.0 ACCOUNTING RECORDS.
4.1 Contractor shall maintain a method of accounting satisfactory to the City
which will correctly and accurste1y reflect gross advertising revenues attributable to this
Agreement. Such method of accounting shall permit actual verification of the amount payable
by the Contractor to the City hereunder. Such method shall include the keeping of the
following documents:
a. Regular books of accounting such as genera11edgers.
b. Any supporting and underlying docUments such as vouchers, checks,
tickets, and bank statements, etc.
c. State and Federal income tax returns and California sales and use returns
and checks and other documents providing payment of sums shown.
4.2 All documents, books and accounting records shall be open for inspection
and reinspection at any reasonable time during the term of this Agreement and any Agreement
extensions approved by the City and for four (4) years thereafter any extensions. In addition,
the City may from time to time conduct an audit or reaudit of the books and business so that
accurscy of the above records can be confirmed. All information obtained in connection with
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the City's inspection of records or audit shall be treated as confidential information, and, to the
extent permitted by law, exempt from pUblic disclosure thereof. Contractor shall cooperate with
City in making the inspection.
4.3 In the event that an audit or review conducted by the City finds that due
to the Contractor's non-compliance with its obligation to report gross revenues in connection
with its operations authorized herein, an actual loss and/or projected loss of revenue to City can
be determined, the City, at its option shall: (I) bill contractor for said losses, said amount to be
paid to City within thirty (30) days following billing therefore unless otherwise extended by the
City Manager; and/or (2) use the Security Deposit as provide for herein; andlor (3) terminate
this agreement. Should the City ,find that an additional percentage fee payment due to the City
would exceed two percent (2%) of the total amount which should have been paid as determined
by such review or audit and observation, and there being no reasonable basis for the failure to
report and pay thereon, Contractor shall also pay the cost of the audit as determined by City and
pay late charges as heretofore provided for the delinquent payments.
5.0 BASIC CONTRACTOR SERVICE OBliGATIONS.
5.1 SCQpe of Services. Contractor shall obtain any and all required agency
approvals and permits and construct and maintain forty-four (44) advertising shelters, four (4).
non-advertising shelters and thirty-five (35) non-advertising benches in the City upon City
sidewalks or rights-of-way at proposed locations specified in Ellhibit "A" by the City of the type
specified. Contractor shall also be immediately responsible for the maintenance of seven (7)
existing shelters in "Old Tustin" and trash pick up and disposal services at fifteen (15) bus stop
locations to be specified by the City and as initially identified in "Exhibit B". Contractor will
also m3.ke all reasonable efforts to negotiate an operation and maintenance agreement with the
operators of six (6) existing privately owned shelters in the "East Tustin" area.a1so described in
"Exhibit B". .
5.2 Improvement Schedule The Contractor will adhere to the following
schedule to process all planning and building documents, secure the necessary permits, obtain
approvals, give notifications and construct all shelters and bench facilities:
a. Advertising and Non Advertising Bus Shelters.
1. Design review documents for all shelter and bench locations along with
a letter from the Orange County Transportation Authority approving or
certifying each location as a bus route stopping point where they would
support placement of a shelter, based on ridership demand, and documents
providing executed and recorded private easements shall be submitted to
the City for review and approval within 30 days of the approval of the
Agreement.
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2. Construction drawings, publiC; improvement plans for each site, an
application fora blanket encroachment permit and building permit
applications and fees for each site shall be submitted within thirty (30)
days of the final City approval of all design review submittals. Contractor
shall also provide documentation validating that the property owners of
property abutting a proposed shelter site have been notified in writing of
the proposed installation prior to the issuance of an encroachment permit
and building permit by the City. The abutting property owner shall be
given at least ten (10) days to provide comments to the City prior to the
issuance of permits.
3. Construction and installation of all advertising and non-advertising shelters
shall begin fourteen (14) days after all permits are issued and construction
and installation of all shelters shall be completed within six (6) months of
the date that construction began.
b. Bus Benches
1. An application for a blanket encroachment permit application for all sites
will be submitted within thirty (30) days of the approval of the
Agreement. Included with this application will be a letter from the Orange
County Transportation Authority approving or certifying each location as
a bus route stopping point and a description of the placement of each
bench and a picture of the type of consistent bench design to be utilized
at all locations and documents providing executed and recorded private
casements. The City has design review approval authority over any
proposed bench design.
2. Installation of benches shall begin fourteen (14) days after encroachment
permits are issued and installation of all benches shall be completed within
six (6) months of the date that construction began.
5.3 The preceding performance schedules shall be adhered to by the
Contractor. Any deviation from these schedules except for those events specified in Section 17
below without the written approval of the City, shall be considered a contraCt default and the
Contractor shall be liable to the City for liquidated damages in the amount of $300 for each
shelter or bench not installed and for each delinquent day.
6.0 SITE LOCATION.
6.1 The location of each shelter and bench shall be specifically approved by
the City at those locations generany described and proposed in Exhibit. A. attached hereto and
incorporated herein by reference. Said Exhibit "A" may be amended at any time as required
for relocation of shelters and benches upon the mutual consent of the Contractor, the City and
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the Orange County Transportation Authority. The City will require the issuance of building and
encroachments permits and design review will be required for any locations selected subsequent
to the initial issuance of any permits or other City approvals.
6.2 Shelters and benches are permitted only in approved bus passenger loading
areas and subject to the concurrence of the Orange County Transportation Authority.
6.3 Relocation of shelters and/or benches dUe to bus route changes, street
widening, or for the convenience of pedestrians and bus patrons shall be completed by
Contractor at its own expense with thirty (30) days notice by City, to new locations designated
by City. The vacated location shall be restored to its original condition within that same period
of time at the sole expense of the Contractor.
7.0 OPERATING RF.C;PONSmILITIES.
7.1 Electricity. Contractor shall pay all sums that may become due for service
installation and electrical energy supplied to the shelters and shall indemnify City against any
and all such costs.
7.2 me~al Activities. Contractor shall not knowingly permit any illegal
activities to be conducted in or adjacent to shelter facilities. Contractor should make a reasonable
effort to contact the proper police agency if necessary to protect property or personal safety.
7.3 Staff and EmplQyment Practices. Contractor shall maintain an adequate
and proper staff. The City may at any time give the Contractor written notice to the effect that
the conduct or action of a designated employee of the Contractor is, in the reasonable belief of
the City, detrimental to the interest of the public patronizing the shelter premises. Following
City's written notice therefor Contractor shall at City's discretion: (1) terminate such employee's
work assignment at the shelter premises or (2) meet with representatives of the City to consider
the appropriate course of action with .respect to such matter and the Contractor shall take
reasonable measures under the circumstances to assure the City that the conduct and activities
of the Contractor's employee will not be detrimental to the interest of the public patronizing the
shelter premises.
7.4 Sanitation. Contractor shall keep the shelter and bench premises free and
clear of rubbish and litter and shall deposit rubbish and litter in containers approved by the City.
Was!!:: containers at all shelters, benches and other bus stop locations specified by the City shall
be emptied no less than two times each week. No offensive matter or refuse or substance
constituting an unnecessary, unreasonable, or unlawful fIre hazard, or material detrimental to
the public health shall be permitted to remain on the shelter or bench premises and Contractor
shall prevent any accumulation thereof from occurring.
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7.5 Safe~. Contractor shall talce reasonable and immediate action to report
and/or correct. as appropriate, any unsafe condition at any shelter or bus bench, as well as any
unsafe practices occurring thereon. This includes, but is not limited to, the report disorderly
persons, loitering in or near and habitation of shelter facilities or benches and any suspected
criminal activities. Contractor shall obtain emergency medical care for any employee who is
in need thereof, because of illness, or injury occurring on shelter or bench premises. Contractor
shall fully cooperate with City in the investigation of any injury or death occurring on said
premises, including a prompt report thereof to the City Public Works Director/City Engineer.
7.6 Reoortinlt. The Contractor shall meet With the City Public Works
Director/City Engineer or his representative at such other times as may be required by the City
to review the Contractor's performance under this agreement and discuss any problems or
matters as determined by the City.
7.7 In~tion. Services, equipment and improvements shall be subject to
inspection and approval by the City Public Works and Building Departments, the County Health
Department, and the Orange County Fire Authority, as applicable.
7.8 Advertisinlt. No advertising is permitted on benches. Contractor agrees
that it shall utilize the shelters for advertising material in accordance with the following:
a. No advertisement or sign on any shelter shall be displayed except in the
area designated for advertising. In addition and specifically, advertising
signs shall not extend beyond the shelter structure and shall not exceed
twenty-five (25) square feet each. Two signs per shelter are permitted,
totaling fifty (50) square feet per shelter.
b. The Contractor shall, upon request, transmit to the City color copies of
any advertisements proposed to be placed in shelters. Displays shall not
contain advertising for alcohol or tobacco products. Pursuant to the
Tustin City Code Section 9404, the City of Tustin Planning Commission
may also recommend appropriate standards for advertising to the City
Council. Should the City, in its sole discretion, determine any advertising
material to be found offensive, the Contractor shall remove all such
advertising material within twenty-four (24) hours after the City serves a
written notice upon the Contractor to remove such advertising.
c. No advertising display is to be considered public art of any form with
respect to state and/or federal statutes.
d. No advertisement nor sign on any shelters shall display any work, phrase,
symbol, character, or reference likely to interfere with, mislead or distract
traffic, or conflict with any traffic control device. Should City, at its sole
discretion, determine any advertising which is likely to interfere with,
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mislead or distract traffic, or conflict with any traffic control system,
Contractor shall remove all such advertising within twenty-four (24) hours
after City serves notice upon Contractor requiring the removal of such
advertising pursuant to this paragraph.
e. Public service advertisements may appear in no more than 40 bus shelters
yearly at locations of the City's discretion, and for at least ten (10)
consecutive calendar days each time, on dates mutually agreed upon by
the City and the Contractor. The City shall be entitled to utilize both
advertising panels of said shelters. City may specify display of certain
public service advertisements. Contractor will be responsible for
servicing and installing public service announcements. Contractor shall
print from camera ready art provided by City and install forty (40) posters
each year at no cost to the City in each face of each selected shelter.
8.0 REPAIR AND MAINTENANCE.
8.1 Contractor shall maintain, repair, clean, and service all the shelters and
benches in a first class and safe condition. All improvements, fixtures, equipment, utility
systems and the immediate premises which may now or hereafter exist shall be maintained in
good, operable, useable and sanitary order throughout the term of this agreement.
8.2 The Contractor, at its sole cost and expense, shall furnish all necessary
equipment, supplies and material of good quality and in sufficient number to fulfill the
requirements of this agreement and to accomplish an acceptable and professional. level of
maintenance.
8.3 Contractoc shall be entitled to enter upon and into shelters at any
reasonable time with personnel and all necessary materials necessary for making said shelter and
benches operational and safe.
8.4 Each bench or shelter, and the immediate area around each bench or
shelter, shall be cleaned and trash receptacles emptied not less than two (2) times per week, and
all repairs completed within twenty.four (24) hours of notification. Each shelter and bench and
the immediate area around each shelter and bench shall be steam cleaned as needed but not less
than twice a year.
8.5 If shelter or bench damage or vandalism is such that the public could be
exposed to a dangerous situation while in oc near the shelter or bench, the Contractor shall
repair or, if necessary, remove the entire shelter or bench within twenty-four (24) hours of
notification, and it shall be replaced and made fully operational at the same location within five
(5) working days or a mutually agreed upon time between the City and the Contractor after
removal. Significant modifications to shelter design require the prior approval of City Public
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Works Director and Community Development Director to assure compliance with functional and
design requirements.
8.6 Contractor's personnel, equipment aM/or vehicles shall not block
automobile or bicycle travel lanes without proper warning signs and traffic delineation devices,
including arrow boards, properly placed in accordance with the Work Area Traffic Control
Handbook, published by Building News, Inc.
8.7 In regard to emergency services, the Contractor will provide the City with
the names and telePhone numbers of at least two (2) qualified persons who can be called by City
representatives when emergency maintenance conditions occur during hours when the
Contractor's normal work force is not present. The City shall call for such assistance only in
the event of an immediate, genuine and substantial emergency.
9.0 SHELTER AND BENCH REMOVALlRELOCATION.
9.1 Contractor shall retain the right to remove any shelter upon thirty, (30) days
written notice to City and the Orange County Transit Authority if any Federal, State, or other
proper authorities should hereafter establish any laws, ordinances, rules, or regulations shall so
restrict the location, construction, maintenance or operation of the shelters as to substantially
diminish the value of said shelters for advertising purposes, the occurrence of chronic vandalism
or the removal is necessary to protect the public health or safety from imminent harm.
9.2 For purposes of this subsection, chronic vandalism shall mean damage
inflicted to an individual shelter during any six (6) month period which requires cumulative
expenditures for replacement and repair that exceed the original cost of construction and
installation of the shelter.
9.3 Non-advertising shelters and benches in the Old Tustin area shall remain
the property of City, but be maintained by and relocated by Contractor as directed by the City.
9.4 City retains the right to require relocation of any shelter andlor bench for
any reasons of public health and safety or to respond to an Orange County Transit Authority
request.
9.5 Upon removal of any or all shelters installed or constructed by Contractor,
all material shall be removed from the site, including, but not by way of limitation, all electrical
wires, meters and meter pedestals. City Right of Way shall be restored to the condition as it
existed prior to installation of the shelter, including complete restoration of any sidewalk upon
which said shelter was located unless waived in writing by the City Public Works Director. All
private easements shall be quitclaimed to property owner.
-11-
10.0 SHELTER DE.C;;IGN AND CONSTRUCTION SPECIFICATIONS. Except as
hereinafter provided, said shelters and benches shall be so designed and constructed as to
conform to the City's specifications which are attached and incorporated herein by reference as
"Exhibit C"
11.0 PERMIT RF..oUIREMENTS.
11.1 Contractor shall purchase a City Business License for each year of business
activity in the City.
11.2 Contractor shall obtain lhe approval of the City Planning Commission for
each shelter facility under one blanket application. Approval requirements and conditions
consistent with this Agreement and Tustin City Code Section 9404 will be specified by the
Community Development Director, City Public Works Director/City Engineer, the City Planning
Commission and the City Council during the shelter siting, design review and permitting
processes.
11.3 Contractor shall obtain a separate Building Permit from City for each
sheller, and each such permit shall be valid only for the particular location specified therein.
Each application for a permit to install all shelters must be accompanied by the following:
a. A plan showing the proposed location of each shelter and such other
information as City's Building Official, in review with other city
Departments, may require. This is only required for installations at new
locations and is not required for locations where shelters are being
replaced.
b. Detailed plans and specifications of each proposed shelter.
c. Affidavit or declaration of Contractor reciting that Contractor has caused
the owner of the real property abutting on the public street at the place .
where the shelter is proposed to be located to be served with notice. Such
notice shall stale that the contractor will file an application for a permit
to erect the sheller and that the person receiving such notice may, within
ten (10) days, object to the location of the sheller and that such objection
shaH be filed with the City's Director of Public Works/City Engineer.
Each notice must be attached with the permit. This is only required for
new installations and is not required for locations where shelters are being
replaced.
d. Performance Guarantee Security as required hereunder in Section 16,
"Performance Guarantee Security" of this Agreement.
-12-
e. Contractor shall obtain, at its own cost, any necessary electrical serVice
permits. Metered electrical charges shall be at the Contractor's sole .
expense.
f. Documents providing executed and recorded private easements to the
Contractor for each bCnch or shelter site, as applicable
11.5 Contractor shaI1 also provide documentation offering that the property
owner property abutting a proposed shelter site has been notified in writing of the proposed
installation prior to the issuance of an encroachment permit and building permit by the City.
The abutting property owner shall be given ten (10) days to provide comments to the City prior
to the issuance of permits.
11.6 Contractor shall apply for an Encroachment Permit from the Public Works
Department. City Fees will be determined at the time of permit application. This permit will
be a blanket permit covering all shelter and bench locations.
a. A plan showing the proposed location of each shelter and bench and such
other information as Public Works Director may require. This is only
required for installations at new locations and is not required for locations
where shelters are being replaced.
b. Detailed plans and specifications of each proposed shelter and bench.
c. Affidavit or declaration of Contractor reciting that Contractor has caused
the owner of the real property abutting on the public street at the place
where the shelter or bench is proposed to be located to be served with
notice. Such notice shall state that the contractor will file an application
for a permit to erect the shelter or bench and that the person receiving
such notice may, within ten (10) days, object to the location of the shelter
or bench and that such objection shall be filed with the City's Director of
Public Works/City Engineer. Each notice must be attached with the
permit. This is only required for new installations and is not required for
locations where shelters or benches are being replaced.
e. Contractor shall obtain, at its own cost, any necessary electrical serVice
permits. Metered electrical charges shall be at the Contractor's sole
expense.
f. Documents providing executed and recorded private easements to the
Contractor for each bench or shelter site, as applicable
11. 7 Permit Fees. Contractor shall pay all fees, costs and permit charges
regularly imposed by City.
-13-
11.8 Contractor agrees that all shelters and benches shall be constructed in
conformity with the Uniform Building Code, City, State and Federal regulations including those
requirements under the ADA (Americans with Disabilities Act).
12.0 DISPUTFS PERTAINING TO PAYMENT FOR WORK. 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 Contractor may be required to do, or respecting
any payment to the City during the performance of this Agreement, such dispute shall be decided
by the Public Works Director/City Engineer, and such decision shall be final and binding upon
Contractor.
13.0 SIJPF.RINTENDENCE BY THE CONTRACTOR. At all times. during the
performance of the work, Contractor shall give personal superintendence or have a competent
foreman or superintendent on the worksite, with authority to act for Contractor.
1~.0 INSPECTION BY THE CITY. Contractor shall at all times maintain proper facilities
and provide safe access for inspection by City to all parts of the work and to the shops where
the work is in preparation.
15.0 CARE OF WORK AND OFF-SITE AUTHORIZATION. ContraCtor has examined
the sites of the work 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. Contractor, at Contractor's expense, shall obtain any
permission necessary for any aperations conducted off the premises owned or controlled by City.
Contractor 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 Contractor.
16.0 PERFORMANCE GUARANTEE SECURITY.
16.1 Prior to the issuance of any City permits, Contractor shall post cash or
maintain an irrevocable letter of credit in the amount of $50,000 which would inure to the
benefit of the City, or equivalent security acceptable to the City Attorney. This security shall
remain in effect over the duration of the construction and installation phase which will end when
all bus shelter and bench improvements have been accepted by the City Community
Development Department and/or the Public Works Department. Upon completion and
acceptance of the required construction and installation of bus shelters and benches, the security
may be reduced to $25,000 for the remaining term of this Agreement and any subsequent
extensions. This security is to insure the faithful performance of Contractors' covenants for
construction, maintenance and repair of replacement of shelters and benches. timely payment of
all revenues due to the City, including permit fees, business license, other fees and payments
related to this Agreement, and restoration of the shelter sites to their condition existing prior to
installation of the shelters, whenever a shelter is removed or relocated. This security shall be
forfeited to the City in its entirety if the Contractor in any way defaults on this Agreement.
- -14-
16.2 The City may utilize performance guarantee security monies described
. above to correct maintenance deficiencies that are not responded to in a reasonable period of
time (Section 8.0) after notification by the City to the Contractor. Contractor is required to
maintain the security deposit at the level required by this agreement.
17.0 FORCE MAJEURE. The time within which the Contractor is obligated to commence
and to complete construction of the shelters may be extended for a period of time eqwU in
duration to, and performance in the meantime may be excused on account of and for, and during
the period of, any delay caused by strikes, threats of strikes, lockouts, war, threats of war,
insurrection, invasion, acts of God, calamities, violent action of the elements, fire, action or
regulation of any governmental agency, law or ordinance (excepting the City), delay of issuance
of shelter permits, or other things beyond the reasonable control of the Contractor. Contractor's
inability to obtain financing shall not be grounds for an extension of time. Contractor must
notify City in writing within five (5) working days of a request for an extension of time under
this Section in order for City to consider such request. If the request conforms to this Section
in City's reasonable determination, it shall be granted.
18.0 RIGHT OF REMEDY/ENTRY. Should the contractor be deemed deficient, as
determined by the City, in its performance of its obligations, the City in addition to all other
available remedies may, but shall not be so obligated to, correct Contractor's deficiencies using
City forces, equipment, and materials, or by employing a separate private contractor. City's
costs so incurred, including direct or indirect overhead costs as determined by the City, shall
be reimbursed to the City by the Contractor and/or its sureties within thirty (30) days of demand
thereof.
19.0 TERMINATION OF AGREEMENT.
19.1 Upon the occurrence of anyone or more of the events of default
hereinafter described, and after any expiration of notice period specified in this Agreement, this
Agreement shall be subject to cancellation. As a condition precedent thereof, the City shall give
Contractor ten (10) working days notice by registered or certified mail of the date set for
termination hereof and the grounds thereof. If Contractor notifies the City within the ten (10)
working day notice period of it's intent to cure, but that it requires more time to do so, City
may, at its sole discretion, extend the termination date.
19.2 Upon termination City shall have the right to take possession of the
demised premises including all improvements, equipment and inventory located thereon, and use
same for the purpose of satisfying and/or mitigating all damages arising from breach of this
Agreement.
19.3 Action by City to effectuate a termination and forfeiture of possession shall
be without prejudice to the exercise of any other rights provided herein or by law to remedy a
breach of this Agreement.
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, '
J
20.0 DEFAULT.
20.1 The Contractor shall be considered to have defaulted on its contractual
obligations when any of the following conditions continue or are not remedied to the City's
satisfaction beyond ten (10) days following written notice by City to Contractor:
a. The failure of the contractor to punctually payor make the payments specified
herein when due.
b. The failure to operate and maintain the bus shelters, bus benches, and the
required improvements pursuant to this Agreement in the state of repair required,
and in a clean, sanitary, safe and satisfactory condition.
c. The failure of Contractor to keep, perform and obsecve all other promises,
covenants, conditions, and agreements set forth in the Agreement.
20.2 Where Contractor shall have commenced to perform whatever may be
required to cure the particular default condition(s) identified by the City within ten (10) days
after such notice by the City and continues to perform dilligently, said ten (10) day. time limit
may be waived in the manner and to the extent allowed by.the City.
20.3 The ming of a voluntary petition in bankruptcy by the contractor; the
adjudication of Contractor as bankrupt; and appointment of any receiver of Contractor's assets;
the making of a general assignment for the benefit of creditors; a petition or answer seeking an
arrangement for the reorganization of the contractor under any Federal Reorganization Act,
including petition or answers under Chapters X or XI of the Bankruptcy Act; the occurrence of
any act which operates to deprive the Contractor permanently of its rights, powers and privileges
necessary for the proper conduct and operation of the bus shelters; the levy of any attachment
or execution which substantially interferes with the Contractor'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.
20.4 Determination by the City, the State Fair Employment Commission, or the
Federal Equal Employment Opportunity Commission of discrimination having been practiced by
Contractor in violation of state and/or federal laws in connection with this Agreement and the
Contractor's failure to comply with any orders making that determination within the time frame
specified by said agency. .
205 Contractors material misrepresentation of fact(s) in its literature, forms,
and/or affidavits, which were submitted in the response to the Request for Proposals used in the
solicitation process for this Agreement.
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20.6 Transfer of the majority controlling interest of Contractor to persons other
than those who are in control at the time of the exec\1tion of this Agreement, without the
approval thereof by the City Manager..
20.7 Failure to have submitted plans and/or other documents required by the
City in relation to the required City permits on or before the date(s) or within the time periods
designated in this Agreement.
20.8 Failure to have commenced required construction of specified
improvements or any phase thereof on or before the date(s) designated in this Agreement for
commencement thereof.
20;9 Failure to have completed construction of shelter .improvements on or
before the date designate:d in the Agreement for completion thereof.
20.10 The abandonment, vacation or discontinuance ohransit shelter operation
for more than ten (10) consecutive days.
20.11 City fails to receive notice of renewal of the permit, the Performance
Guarantee Security (Section 16.1), the Commercial General and Automotive Liability Insurance
(Section 23.lb), or any of them, on or before the expiration date thereof, or if the Performance
Guarantee Security or Commercial General Liability Insurance are canceled, either separately
or collectively and no equivalent coverage is filed with City on or before the expiration date of
such coverage, or upon termination of this Agreement for any reason.
21.0 SURRENDER. Upon default by Contractor, expiration of the Agreement or cancellation
of the term hereof, all advertising and non-advertising shelters and benches shall be deemed City
property.
22.0 SUBORDINATION. Any mortgage or lien against the shelter shall be subordinate to
all rights accorded to City under this Agreement.
23.0 INSURANCE.
23.1 The Contractor shall secure and maintain in full force and effect throughout
the term of this Agreement the following types of insurance issued by companies acceptable to
the City, which are admitted and authorized to do business in California as insurance carriers
with limits as shown:
a. Workers Compensation: A program of Workers Compensation insurance
of State-approved Self-Insurance Program in an amount, form and as
broad as to meet ~ applicable requirements of the Labor Code of the
State of California, including Employer's Liability with one million dollars
($1,000,000) limits, covering all persons providing services on behalf of
-17-
the contractor and all risks to such persons under this contract. Should
the Contractor be self employed, he/she must certify under Section 3800
of the California Labor Code, the performance of the work for which this
contract is issued is without employing any person in any manner so as to
become subject to the Workers Compensation Laws of California.
b. Commercial General and Automobile Liability: This coverage shaII
include contractual coverage and automobile liability coverage for any,
owned, hired, and non-owned vehicles and any other requirements as
specified in the City standard insurance form. The policy shall have per
occurrence limits for bodily injury, and property damage not less than two
million dollars ($2,000,000). If Commercial General Liability Insurance
or other form with a general aggregate limit if used, either the general
aggregate limit shall apply separately to the work or services performed
under this contract, or the general aggregate limit shall be twice the
required occurrence limit. Said insurance coverage shall be at least as
broad as Insurance Services Office Commercial General Liability coverage
("Occurrence" Form CG 0001 1188) and/or Insurance Services Office
form number GL 002 (Ed. 1/73) covering Comprehensive General
Liability and Insurance Services Office form number 0404 covering Broad
Form Comprehensive General Liability; Insurance Services Office
Business Auto Coverage form number CA 0001 0187 covering
Automobile Liability. code 1 "any auto" and endorsement CA 0029 1288
Changes in Business Auto and Truckers Coverage forms - Insured
Contract.
23.2 Deductibles and Self Insured Retention. Any deductible or self insured
retention must be declared to and approved by the City. At the option of the City, either; the
insurer shall reduce or eliminate such deductibles or self insured retention as respects the City,
its officers, officials, employees and volunteers, or the Contractor shaII procure a bond
guaranteeing payment of losses and related investigations, claim administration and defense
expenses.
23.3 City as Named Insured. AIl policies, except for the Workers
Compensation coverage shaII contain additional endorsements covering City, the Tustin
Redevelopment Agency, and their officers, agents, employees, as additional insured under the
policies with respect to liabilities arising out of the performance of services hereunder.
23.4 Subcontractors Insurance. The Contractor shall include all subcontractors
as insured under its policies or shall furnish separate certificates and endorsements for such
subcontractor. AIl COVerage for the subcontractors shall be subject to all of the requirements
stated herein.
-18-
23.5 Policies Primmy and Non-Contributory. All insurance policies required
above are to be primary and non-contributory with any insurance or self-insurance programs
carried or administered by City.
23.6 Rc:portin~ Provisions. Any failure to comply with reporting provisions of
the policies shall not affect coverage provided to the City, its officers, officials, employees, or
volunteers.
23.7 ~lication of Contractor's Insurance. The Contractor's insurance shall
apply separately to each insured against who claim is made or suit is brought except with respect
to the limits of the insurer's liability.
23.8 Verification of Coverue. The Contractor shall immediately furnish
certificates of insurance to City, utilizing City's standard form titled, "Certification of Insurance
and Designation of Named Additional Insured" (attached and incorporated as Exhibit "D"),
evidencing the insurance coverage above the required prior to the commencement of
performance of services hereunder. All certificates and endorsements should list the proper
names as follows: City of Tustin.
23.9 Any reduction or waiver of insurance for the entire term of the contract
and any change requiring additional types on insurance coverage or higher coverage limits must
be made by amendment to this contract. Contractor agrees to execute any such amendment
within thirty (30) days of receipt.
23.10 The Contractor shall furnish City proof of compliance with the above
requirements, in a form satisfactory to the 'City Attorney, prior to commencing operations under
this Agreement and shall maintain such proof on file with City throughout the term of this
Agreement and any subsequent extensions.
24.0 HOLD HARMJ.F.C::S AND INDEMNIFICATION.
24.1 The Contractor shall defend, indemnify and save harmless the City of
Tustin and all officers and employees thereof from all claims, suits, or actions of every name,
kind, and description, brought for, or on account of, injuries to or death of any person
including, but not limited to, workmen and the public, or damage to public and private property
resulting from the construction of the work or by or in consequence of any negligence regarding
the work, use of improper materials or equipment in construction of the work, neglect or refusal
of the Contractor to faithfully perform the work and all of the Contractor's obligations under the
Agreement, or by or on account of any act or omission by the Contractor or his agents or a
subcontractor or his agents during the progress of the work or at any time before its completion
and final acceptance, or which might arise in connection with the agreed upon work or is caused
by or happening in connection with the progress of said work, except as may be occasioned by
the sole negligence of the City or its officers, employees, or agents.
-19-
24.2 The defense and indemnification required of the Contractor shall include
all costs and eXpenditures including attorney's fees incurred by the City of Tustin or its
employees, officers or agents with respect to such claim or suit and the Contractor will, if
requested by the City, defend any litigation arising out of such claims at the sole cost and
expense of the Contractor.
25.0 NOTICFS.
25.1 This is not a public works construction project, and it shall be the duty of
the Contractor to keep the installation and repair work contemplated by this Agreement free and
clear of alllcins and encumbrances.
25.2 Any Qther notice required to be given under the terms of this Agreement
or any law applicable thereto may be: (1) delivered by personal service; or (2) placed in a sealed
envelope, with postage paid, addressed to the person on whom it is to be served, return receipt
requested, and deposited in a post office, mailbox, sub-post office, substation or mail chute, or
other like facility regularly maintained in the United States Postal Service.
25.2 The address to be used for any notice served by mail upon Contractor shall
be addressed as follows:
Bruce Seidel, President
Eller Media Co., Southern Calif. Transit Shelter Div.
1539 W. Orangewood Avenue
Orange, CA 92668
(714) 997-1700
and
Scott Eller, Executive Vice President
Eller Media Co., Corporate Division
2122 E. Highland Ave., Suite 425
Phoenix, AZ 85016
or alternate mailing location as may hereafter be designated in writing to the City
by Contractor.
-20-
25.3 Any notice served by mail upon the City Shall be addressed as follows:
City Manager
City of Tustin
300 Centennial Way
Tustin, CA 92680
and
Director of Public Works/City Engineer
City of Tustin
300 Centennial Way
Tustin, CA 92680
25.4 Personal service shall be deemed complete on delivery and service by mail
shall be deemed complete upon receipt as reflected by the return receipt.
2.6.0 INDEPENl>ENT CONTRACTOR.
26.1 This Agreement is by and between the City of Tustin and the Contractor
and is not intended and shall not be construed, to create the relationship of agent, servant,
employee, or representative of the City by the Contractor.
26.2 Contractor understands and agrees that all persons furnishing services to
Contractor pursuant to this Agreement are, for purposes of Worker's Compensation, liability,
employees solely of Contractor, and not of City.
26.3 Contractor shall bear sole responsibility and liability for furnishing
worker's compensation benefits to any person for injuries from or connected with services
performed on behalf of Contractor pursuant to this Agreement.
26.4 Contractor understands and specifically agrees to inform its employees the
Contractor is an independent contractor to the City.
26.5 Contractor understands and specifically agrees to inform its employC!l8 that
they are not agents or employees of the City.
2.7.0 SUBCONTRACTORS. None of the services included in the Agreement sha1l be
subcontracted without the prior approval of City. All subcontractors shall be approved by the
City. Contractor sha1l be fully responsible to City for the performance of any and all
subcontractors.
2.8.0 ASSIGNABILITY. Contractor shall not assign or transfer any interest in this Agreement
whether by assignment or novation, without the prior written consent of the City.
-21-
29.0 CONTRACTOR STATUTORY AND REGULATORY COMPLIANCE.
29.1 Contractor shall comply with all applicable Federal, State, and loca1
statutes and laws, roles, and regulations.
29.2 Contractor shall specifically comply with Title 23 United States Code
Section 131, Subdivision C and regulations promulgated thereunder by the United States
Secretary of Transportation.
29.3 Contractor shall further comply with California Business and Professions
Code, Division 3, Chapter 2, Section 5200 ~ and specifically Sections 5408 to 5408.5.
29.4 Shelter advertising shall meet traffic safety standards.
29.5 Contractor shall comply with all traffic safety regulation while
constructing, installing, operating, and maintaining all shelters and benches.
29.5 Shelters and benches are subject to City Planning Commission approval.
29.6 Contractor shall comply with City Code Section a (l)(b).
29.7 Contractor and subcontractor shall possess and maintain all applicable
licenses required by State law to perform all work in the various trades required by this
agreement.
30.0 EQUAL OPPORTUNITY EMPLOYMENT. The Contractor shall demonstrate, in the
performance of any work connected with the Agreement between himself and the City, full
compliance with all applicable safety and health standards and Equal Employment Opportunity
laws and regulations. The Contractor shall cooperate with the City in meeting its commitments
and goals with regard to the maximum utilization of Disadvantaged or Women's Business
Enterprises and he/she will use his/her best efforts to ensure that these groups shall have
maximum opportunity to compete for any subcontracted work that may be offered in connection
with the Agreement.
31.0 EMPLOVF.F.~ RIGHT TO WORK. Contractor warrants that it fully complies with all
laws regarding employment of aliens and others, and that all its employees performing services
hereunder meet the citizen or alien status requirements contained in federal and state statutes and
regulations. The Contractor shall obtain, from all covered employees performing services
hereunder, all verification and other documentation of employment eligibility status required by
federal and state statutes and regulations as they currenUy exist and as they may be hereafter
amended. Contractor shall retain such documentation for all covered employees for the period
prescribed by law. Contractor shall indemnify, defend, and hold harm1ess, the City, its officers
and employees from employer sanctions and any other liability which may be assessed against
Contractor or City or both in connection with any alleged violation of federal and/or state
-22-
statutes or regulations pertaining to the eligibility for employment of persons performing services
under this agreement.
32.0 LEGAL WORK DAY - PENAI.TIF.4; FOR VIOLATION Eight (8) hours Jabor
constitutes a legal day's work during anyone calendar day. Contractor shall forfeit twenty-five
dollars ($25.00) for each worker employed in the execution of this Agreement by Contractor or
by any subcontractor for each calendar day during which such worker is required or permitted
to work more than eight (8) hours in one calendar day and forty (40) bours in one calendar weeIc
in violation of California Labor Code Sections 1810 through 1815, inclusive.
33.0 PREY AILING WAGE SCALE Contractor. and any subcontractor shall comply in all
respects with California Labor Code, Sections 1770 et seq., including keeping of all records
required by provisions of Labor Code Section 1776.
34.0 Y A T .IDITV. The invalidity in whole or in part of any provision of this Agreement shall
not void or affect the validity of the other provisions of this Agreement.
35.0 C.oVERNING LAW. This Agreement shall be governed by and construed in
accordance with the laws of the United States of America, the State of California, and the City
of Tustin.
36.0 ENTIRE AGREEMF.NT. This Agreement supersedes any and all other agreements,
eitber oral or in writing, between the parties hereto with respect to the subject matter hereof and
contains all of the covenants and agreements between the parties with respect to said matter, and
eacbparty to this Agreement acknowledges that no representations, inducements, promises, or
agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of
any party, which are not embodied herein, and that any other agreement, shall be effective only
if executed in writing and signed by both City and Contractor.
37.0 TAX INTEREST. Contractor recognizes and understands that this Agreement may
create a possessory interest therein subject to property taxation thereof and Contractor agrees
to assume all liability and responsibility fOr payment of properly taxes levied on such interest.
-23-
IN WITNESS WHEREOF, the parties have executed this Agreement on the date first
shown above.
CITY:
City of Tustin
J:.~t(.w~.
~Mayor of the . of Tustin n> - t:.n\
'If1-t,..J. &.. CJ j /9 <; .r-
Date
CONTRACTOR:
Eller Media Company
B~~
~ ~() t'A-J. ?,1lt,...J.1 IS!.";
Title: J!, u
Dated: ;''1.,.4 l-r,,-
, f'
ATTPS; JPa~~
APPROVED AS TO FORM:
[NOTARY REQUIRED]
~.z.~/
Lois Jeffrey 6
City Attorney
r - - . - :~~~ - . 'f
$@ COIo4M.'961/213 f
2 Notcrv PIde - Collonla
ClRANGli COUNlV .
19 - - -~-~'~~U:~I~j
Dated
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
On ~O 17.-<.- " , 199~re. me 0 ~ .e..~~~ () . )
perbas~onallf Yti~facto 'den~~.A -' ~ h J .I L~ b 'bed to P~thv~thto ~estruon thet
IS 0 sa S ry eVI ce e person w ose name IS su scn WI 10 e m men
and acknowledged to me that he executed the same in his authorized capacity, and that by his
authorized capacity, and that by his signature on the instrument the person, or the entity upon
the person, or the entity upon behalf of which the person acted, executed the instrument.
Witness my hand and official seal.
JfL~ . - L' ~_.__v .J
Notary Public in and for said County & State
-24-
, "
EXHIBIT "A"
)rry OF TUSTIN
EXHIBIT.A.
PROPOSED LOCATIONS FOR ADVERTISING SHELTERS
LOCATION
EB 171h 51. F5 Enderle Center
EB 171h St. NS Pros I 5 Lc
WB 17lbSI.FS Pro
WB 171b St. FS Treehaven
EB 17th St.FS Yorba Lc
WB 17tb 51. FS Yorba
20. WB McFadden FS Ne rt
21. WB McFadden FS Tustin VOla e
22. EB McFnddea NS Walnut
2J. we McFadden FS Williams
24. NB Ne
25.SBNe
26. NB Ne
27. SBNe
28. NB Ne
29. 58 Ne
orl N5 B . n
rt FB EI Camino Real
rt OPP Holl
rl FS M~chell
. nNSWnss
orlOPP Wnss
30. 58 Red Hill FS aell
31. sa Red Hill OPP Co rfield
32. 58 Red Hill FS Edin r
J3. NB Red Hill FS EI Camino Real
34. 58 Red Hill FS Nisson . 00
35. NB Red Hill NS Snn Juan
36. SB Red Hill FS Santa Fe
J7. SB Red Hill NS Valenci.~
38. 58 Red Hill FS Walnul
39. SB Yorba .FS Irvine
40. To he selected
41. To he selected
42. To he seleCled
43. To be selecled
44. To he selected
:advshett. wk3
CITY OF TUSTIN
EXHIBIT "A"
APPROVED LOCATIONS FOR NON ADVERTISING SHELTERS
LOCATION .-
"
L N .:eate I NS hI. Street
2. WB EI Camiao Real FS Ora"-
3. To be selected . .
4. To be selected
:-w.......
CITY: OF TUSTIN
EXHIBIT "A"
NON-ADVERTISING CONCRETE BENCHES
LOCATION
ht 1. t.
2. WB 1stS1.FS "B"St.
3. WB 1stS1.FS'Ne rt
4. WB 1st St. FS P eet '
5. EB 1st SI. OPP Tustin
12. SB N..
13. SB N..
14. SB N..
15. SB Ne
16. NBNe
17. SBNe
18.NB Ne
rt FS 1st Street
ort OPP B n
ort OPP B . n . 00'
ort NS Holt
rt FS Irvine
rt NS Irvine
rt FS Mitchell
19. NB Red Hill FS Edin er
20. sa Red Hill NS EI (".amino Real
21. sa Red Hill S Mitchell
22. NB Red Hill FS Par\cw:, Loo
23. SB Red Hill FS San Juan
24. NB Red Hill NS Nisson
25. sa Red Hill FS S eamore
26. WB Walnut FS Cher
27. EB Walnut FS Red Hill
28. Loca lion 10 be selected
29. Location 10 be.elected
30. Localion to be selected
31. Location to be ...Iected
32. Location to be selected
33. Location 10 be selecled
34. Loca lion to be selected
35. Location to be selected
:conbnch.wk1
EXHffiIT liB"
CITY OF TUSTIN
EXHIBIT"B"
OLD TUSTIN SHELTERS, PRIVATE EAST TUSTIN SHELTERS,
AND CITY MAINTAINED BENCHES
LOCA nON
fI'
1. WB EI Camino Real W of Ne rt Av=u opp E1 Camioo Wa . Includes Sbeller Bench Trasb Can and SI
2. SB EI CamiDo Real FS of 61b Street. Incluc16s Sbelter Bencb Trash Can And Si . ..'
3. NB EI Camino Real NS of 6tb Street. Includes Sheller Bencb Trash Can and SI .
4. SB EI Camino Real FS of MaiD Street. Includes Shelter Ben . Trasb Ca nand SI .
5. NB EI Camino Real NS of Main Street. Includes Shelter Bench Trash Can and SI
6.. NB EI Camino Real FS of 3rd Street Illcludes Shelter Ben Trash Caaand Si
7. NB EI Camino Real NS of 1st Street Includes Shelter Bencb Trash Caaand SI
" ,*,,' . ," l~"\,~l~ ~i::.:,:-:~EAST;TU l ,,' -IE " i RS,';~ l~R '.' N'r
1. SB Jamboree Blvd. FS of Irvine Blvd. Includes Shelter Bench and Trash Can.
2. SB Jamboree Blvd. FS of B n Avenue. Includes Sheller Bench and Trash Can.
3. NB Tustin Ranch Road FS of EI Camino Real. IncludeS Sheller Bench and Trash Can.
4. WB EI Camino Real FS of Auto Center Drive. Includes Shelter Bench and Trash Can.
S. EB EI Camino Real NS of East Drive. Includes Sbelter Bench and Trash Cu.
6. WB EI C.~mino Real FS of Basi Drive. Includes Sheller Bench and Trash c.u.
fWit'.,.~lIr,V, ""'",":'ClTY:MAINTAlNED BUS BENCHES
1. WB 1st Street FS of Ne ort Ave.
2. WB 1st Street FS of Fashion Lane
3. WB 1st Street NS of Hall C.irele
4. WB 1st Street FS of Yorba Slrect
S. WB McFadden Ave FS of M rtlc Ave
6. SB Ne ort Ave FS of ISI Street
7. SB Ne rl Ave FS of EI C.,mino Real
8. EB Nisson Road FS of Ne ort Ave.
9. SB Red Hill Ave. FS of M rtle Ave.
10. EB S amore at Red Hill Ave.
11. WB Walnut FS of Franklin Ave.
12. WB EI Camino ReDI FS of Red Hill Ave
13. To Be Selected
14. To Be Selected
15. To Be Selected
. ; ,'~:,::"",.;;<,.~ ;
~~\f<;,:o:,:"~:"j
-.......
EXHIBIT "C"
"EXHIBIT C.
1.0 SHELTER AND BENCH DFSlGN AND CONSTRUCTION SPECIFICATIONS.
1.1 Except as hereinafter provided, said sbelters and benches shall be so
designed and constructed as to conform to the City's specifJ.Cations which are included and
referenced below. Each shelter shall have displayed in a conspicuous place the name of
Contractor. Any design changes shall be submitted to City for City's written approval at least
thirty (30) days prior to installation. Contractor shall obtain written approval of City's Director
of Community Development of all design chang~ before installation and may be required to
submit design changes to the City Planning Commission for approval.
1.2 All work performed on each shelter or the shelter site must conform to the
requirements contained in the latest edition of the Standard Specifications for Public Worlcs
Constructiim and all City Building and Electrical codes. In addition, all work must comply with
the conditions of the required encroachment permit issued for each location and the conditions
of the Tustin Community Development Department. All shelters will be subject to the City of
Tustin Design Review procedure. All necessary City building permits must also be obtained by
the franchisee.
1.3 All final designs and plans shall be signed and stamped by a California
Registered Civil or Structural Engineer, as applicable, before they will be accepted for design
review or location approval.
1.4 Before any shelter may be installed in the City of Tustin, it shall be
reviewed for adequate design by the Community Development Department for electrical wiring
and appurtenances, structural integrity, and general soundness of design.
1.5 Prior to construction of any shelters, a location drawing shall be prepared
for each proposed shelter site and shall contain a minimum twenty (20) feet to one-inch scale
(1" =20' scale) representation of the proposed shelter site, covering the area from the adjacent
property line to the street centerline at the intersection. Mid-block sites may be shown with
broken line ties. The drawing shall tie the shelter location to the closest curb return and give
the distance from the existing curb and adjacent property line to the shelter. It shall also show
the location of manholes, catch basins, fire hydrants, poles, trees, and other above-ground
facilities within fifty (50) feet of the proposed shelter. Tbe drawings shall be prepared in ink
on standard 24" x 36" plan mylar using standard City title blocks.
1.6 All future shelter sites shall be approved by the City and the Planning
Commission. In no case shall a shelter be located on any residentially zoned streets, unless
approved by the City. Shelters may only be located on commercially zoned arterials. The City
may supply the Contractor a list of preferred shelter sites. All proposed shelter sites shall be
subject to the following screening process:
a. No shelter site will be approved which would result in a shelter being
closer than ten (10) feet to a driveway.
b. No shelter site shall be approved which will result in a shelter being
located over a storm drain.
c. No shelter site shall be approved which will result in a shelter being
placed in such a position that less than four (4) feet of contiguous sidewalk
remains useable.
d. All sites are subject to approval by the City staff, City Planning
Commission, and the Orange County Transportation Authority based upon
ridership demands, the safety of bus riders, traffic and pedestrians.
e. Ev.ery shelter shall be wheelchair accessible.
1.7 In the event that the City and Contractor cannot agree on the location of
a site, the City's decision on the location shall be final.
1.8 The City shall have the right to require the Contractor to relocate shelters
and benches, at hislher sole expense, for the convenience of pedestrians and bus patrons or
because of a change in bus stop locations or street widening. The Contractor shall not relocate
or remove a bus. shelter or bench without the City's permission. The City may require or permit
a shelter to be removed or relocated if it has been demonstrated to be incapable of proper
maintenance due to excessive vandalism or any other reasonable cause. "Excessive vandalism"
is defmed as damage inflicted to an individual shelter during any six (6) month period, which
requires cumulative expenditures for replacement and repair that exceed the original cost of
construction and installation of the shelter.
1.9 All shelters shall be of the same design, wherever used throughout the
City, unless alternate designs are approved by the City. Modifications of structures may be
permitted if a unique situation warrants.
1.10 Shelters shall be covered, but do not have to be enclosed .structures.
1.11 The roof shall be supported by four comer steel col\lmns, aluminum clad,
or other similar construction materials. Roof design is subject to design approval by staff and
the City Planning Commission.
1.12 The shelter roof shall be designed to increase protection from the rain and
sun.
1.13 The space between all partitions, ad panels, and sidewalk shall be a
minimum of six (6) inches to accommodate a blind person's touching cane. This may be
accomplished with either a larger glass panel, a deeper bottom glass support or a flange attached
to the bottom of the glass support.
!
1.14 Advertising Panels:
a. Only one, two-sided, back-lighted ad panel per shelter will be allowed,
b. All ad panels shall be constructed of anodized or painted alunlinum and
tempered safety glass.
1.15 Allowable Size of Shelter:
a.
Height: '
Minimum of 7'6"
b,
Length:
13'6" to 18'
c.
Width:
4'6" to 5'6"
d. In the event a shelter is desired at a location which will not permit
construction of the standard shelter meeting the allowable sizes, unique
designs may be considered by the City. Obtaining any n-.~ry
easements for the construction of a shelter shall be the responsibility of the
Contractor.
1.16 All ad panels shall be locked or secured in a manner that will eliminate or
discourage vandalism.
1.17 Wheelchair Access:
a. All shelters shall be d~igned to accommodate wheelchairs and meet all
Americans with Disabilities Act (ADA) specifications,
1.18 Shelter Seating:
a. Minimum bench length - 5~
Minimum bench width - 1'6"
b. The, bench shall be located such that a wheelchair can be placed alongside
the bench within the shelter.
1.19 Shelter Lighting:
a. Every shelter shall be illuminated from dusk until dawn by an overhead
energy efficient, fluorescent lighting system, concealed in the roof
structure, Failure to light the shelters at night shall be grounds for
cancellation of the Agreement. Contractor shall be responsible for all
electrical charges.
b. Solar powered electrical lighting systems will be considered. The
Contractor shall demonstrate the ability to have consistent non-stop
lighting between dusk and dawn and during times of inclement weather.
c. All internal electrical components and wiring of each model shelter used
shall be approved by the City Building Division before, during and after
installation. All construction shall be subject to inspection by the
Community Development Department.
1. 20 Shelter Drainage:
a. All shelters shall be designed to prevent dripping water over the edges and
for a proper drainage system, with water exiting at approximately
sidewalk level.
1.21 Foundations:
a. All post foundations shall be designed in accordance with the Uniform
Buildin~ Code, latest edition adopted by the City.
1.22 Trash Receptacles:
a. Each shelter shall have at least one (I) covered trash receptacle, designed
and placed to promote maximum usage by shelter patrons. Trash
receptacles shall be durable and decorative and consistent with design of
the bench and shelter. Preliminary plan sketches should include the
details for the trash receptacle. Final design shall be subject to approval
by the City Planning Commission.
.1.23 No telephones, vending machines, kiosks, news racks, or any other devices
not specifically in these specifications shall be pennitted to be installed on or near the shelters.
1.24 Shelter Signage
a. Contractor shall ensure that bus route information, City logo, and OCTA
logo are displayed in and around the shelter. aCTA bus route
information shall be displayed in a secured frame or sleeve constructed as .
part of the inside of the shelter.
b. Where appropriate, the name of the nearest cross street shall be placed
upon the roof facia on both ends of the shelter. Minimum letter size for
this sign shall three (3) inches high and two and one-half (2-1/2) inches
wide.
c. Contractor(s) shall affix, in a conspicuous area standard on each shelter
in each shelter, an owner identification plaque, that includes his business
name, address and telephone number.
1.25 Shelter Construction Specifications:
a. No welding except for foundation work shall be permitted at the site.
b. All concrete finishing shall conform to the Standard Soecifications for
Public Works Construction, latest edition, and City of Tustin Public
Works Construction Standards.
c. Contractor shall have quality control supervisors working (not sub-
contractors) at every construction site for a minimum of one (I) hour per
working day, during installation of the shelter and its appurtenances.
1.26 Bus Benches:
a. Bus benches shall be approved by the City prior to installation. The
benches shall be part of the bus shelter. The benches shall not be attached
to the shelter, but located under the shelter. Individual seating (Le: stool-
type seats) will be considered by the City.
b. Color and material samples must be submitted to and approved by the
City, as well as color elevations of all sides, materials board and colors
scheme, and trash receptacle detail.
c. Stand alone bus benches (those not placed in a bus shelter) shall be the
current design for bus benches accepted by the City of Tustin.
1.27 Release for Use and Accentanee bv Cltv Shelters and benches shall be
released for utilization by the public and the Contractor only upon the written approval and
acceptance of the City Building Department and City Public Works Department. This may
occur for individual shelters or benches or for more than one on each occasion.
I
I
-'
AMENDMENT #1 TO AN AGREEMENT BETWEEN THE CITY
OF TUSTIN AND ELLER MEDIA COMPANY TO CONSTRUCT
AND MAINTAIN BUS SHELTERS AND BENCHES WITHIN THE
. CITY OF TUSTIN, CALIFORNIA
This Amendment #1 (the "Amendment") to the Agreement to Construct and Maintain Bus
Shelters and Benches within the City of Tustin. California dated November 20, 1995 (the
"Agreement") is made and entered into by and between the City Of TUSTIN, a municipal
corporation (hereinafter "City"), and ELLER MEDIA COMPANY, a Delaware corporation,
(hereinafter the "Contractor"), to be effective as of the 1st day of June, 1999.
RECITALS
. 1. The parties to this Amendment heretofore entered into the' Agreement with the intent to
provide seating accommodations for public transit patrons.
2. The parties l1ave determined that the Agreement requires an amendment to A) establish a
fixed date to start the contract term; B) adjust downward the number of advertising shelters to
be installed; C) to revise the payment terms for the base advertising shelter concession fees;
and D) to make other corrections consistent with the issues identified above.
AGREEMENT
For and in consideration of the mutual promises and covenants contained herein and other good
and vaiuabJe consideration the receipt of which is hereby acknowledged, the parties hereby agree
that the Agreement is hereby amended in the following particulars only:
I. Section 1.2, is amended in its entirety to read as follows:
1.2 City will permit Contractor to construct a minimum of thirty-five (35) advertising
shelters initially, with increases or decreases in the number of shelters permitted by mutual
consent during the term of the Agreement. Contractor shall install and maintain four (4)
non-advertising bus shelters and thirty-five (35) non-advertising benches as a condition of
this Grant of Right by the City. Contractor shall also maintain seven (7) existing City
oWned shelters in the Old Tustin area and perform trash pickup at a maximum of twenty
(20) bus stop locations to be identified by the City.
2. Section 2.1 is amended in its entirety to read as follows:
2.1 The term of the Agreement shall be for a period of five(5) years, commencing on
the first day of June 1999.
3. Section 3.1 is amended in its entirety to read as follows:
3.1 Base Concession Fee. The Contractor shall pay to th~ City annually a base
concession fee equivalent to the sum derived from the following calculation:
($125 per advertising shelter X the number of months a shelter is installed) X the total
number of advertising shelters installed. The Contractor shall pay the base concession fee
to the City each year in advance or before the anniversary date of the approval of this
agreement (June 1). If, at any time, the City and the Contractor agree to add or remove
advertising shelters, then the base concession fee shall be adjusted for payment on a
monthly basis of $125 per each advertising shelter for each shelter over or under the thirty-
five (35) advertising shelters required by this agreement. Said adjustments to the base
concession fee shall become due and payable on the 25th day of the month immediately
following the first month during which the advertising shelters are constructed or removed
in the City. A Statement of Account identifying each shelter location, installation date and
a calculation demonstrating the method utilized to determine the required base concession
fee, shall support all Base Concession Fee payments from Contractor to City.
5. In Section 5.1, in the first line beginning with the word "approvals", the word "forty-
four (44)"is replaced with "thirty-five (35)"
6. In Section 5.1, in the first line beginning with the word "sidewalks", the words "in
Exhibit A" are removed
7. In Section 5.1, in the first line beginning with the word "sidewalks", the words "of the
type" are removed.
8. In Section 5.1, in the first line beginning with the word "specified", the word
"specified" is removed
9. Section 6.1 is amended in its entirety to read as follows:
6.1. The location of each shelter and bench shall be specifically approved by the City.
The City will require design review and the issuance of building and encroachments permits
for any locations selected subsequent to the initial issuance of any permits or other City
approvals.
10. Exhibit A is deleted in its entirety from the Agreement.
11. In consideration of the changes identified above in items ] - 10, the Contractor shall pay the
City the amount of $52,500 on or before July 15, 1999.
12. This amendment supercedes any and all other agreements, either oral or wrinen, between the
parties as to the subject matter herein, except that unless specifically amended by this
amendment, all provisions of the Agreement remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date first
shown above.
CITY:
City of Tustin
7-{..;,-'7'1
CONTRACTOR:
Eller Media Company
$~
. :r /
Title: ..
,.
f1. t:..I, ~..,J1
Date
ATTEST7~~
City Clerk
Dated:
>A rJi"
. [NOTkR"1 REQTTTlU'.D1
t>/~ (c-j ....rJ..
APPROVED AS TO FORM:
~'2.,~
Lois Jemey
City Attorney
Dated 7-/S-?fj
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
On , 19-, before me
personally appeared proved to me on the
basis of satisfactory evidence to be the person whose name is subscribed to within the instrument
and acknowledged to me that he executed the same in his authorized capacity, and that by his
authorized capacity. and that by his signature on the instrument the person, or the entity upon the
person, or the entity upon behalf of which the person acted, executed the mstrument.
Witness my hand and official seal.
Revised 0512512006
Page 1 of4
OCTA BUS STOP LOCATION INFORMATION
ACCOMODA TIONS
OT;A 10 No.: TBM ST orR
Street of
Travel:
St BS LOC Cross Street: St Type Ad- Shelter Shelter
Type:
Private
Shelter
City Bench CC Bench
Trash
7146 100 83O-A1 EB 17TH ST FS YORBA ST Y Y
7147 200 830-A1 EB 17TH ST FS ENDERLE DR Y
CENTER
7148 300 83O-B1 EB 17TH ST NS PROSPECT AVE Y
7149 400 83O-B1 WB 17TH ST FS PROSPECT AVE Y
7151 600 83O-Al WB 17TH ST NS YORBA ST Y Y
7152 700 83O-A3 EB 1ST ST OPP TUSTIN AVE Y Y
7153 800 83O-A3 EB 1ST ST NS PACIFIC ST
7154 900 83O-A3 EB 1ST ST FS B ST Y
7155 1000 830-83 EB 1ST ST FS PROSPECT AVE Y
7156 1100 830-83 EB 1ST ST FS CENTENNIAL WAY Y
7157 1200 830-83 EB 1ST ST VFS CENTENNIAL WAY Y
7158 1300 830-B3 EB 1ST ST FS CENTENNIAL WAY Y
7158 1300 83O-B3 EB 1ST ST VFS CENTENNIAL WAY Y-2
7159 1400 83O-C3 WB 1ST ST FS NEWPORT AVE Y
7160 1500 830-83 WB 1ST ST OPP CENTENNIAL WAY
7162 1700 830-83 WB 1ST ST FS PROSPECT AVE Y Y
7163 1800 830-A3 WB 1ST ST FS B ST Y
7164 1900 830-A3 WB 1ST ST FS YORBA ST Y
7165 2000 830-A3 WB 1ST ST FS TUSTIN AVE Y
7166 2100 83O-B3 EB MAIN ST FS NEWPORT AVE Y
3224 2150 859-J2 WB BARRANCA PKWY OPP ARMSTRONG AVE
7167 2200 83O-C3 EB BRYAN AVE OPP CINDY LN
7168 2400 83O-C4 EB BRYAN AVE FS RED HILL AVE
7169 2500 830-04 EB BRYAN AVE FS FARMINGTON RD
7170 2600 830-04 EB BRYAN AVE FS BROWNING AVE
7171 2700 830-E5 EB BRYAN AVE FS TUSTIN RANCH RD
7172 2800 83O-E6 EB BRYAN AVE FS MARKET ST
7173 2900 83O-E5 EB BRYAN AVE NS MYFORD RD
7177 3000 83O-E5 WB BRYAN AVE FS TUSTIN RANCH RD
7178 3100 83O-E4 WB BRYAN AVE NS BROWNING AVE
7179 3200 830-04 WB BRYAN AVE FS FARMINGTON AVE
7180 3300 830-C4 WB BRYAN AVE FS RED HILL AVE Y
7181 3400 83O-C3 WB BRYAN AVE NS CINDY LN Y
7182 3500 83O-B3 WB MAIN ST FS CENTENNIAL WAY Y
7184 3700 83O-B3 WB MAIN ST NS PROSPECT AVE
7185 3800 83O-B3 WB MAIN ST NS NEWPORT AVE Y
7186 3900 83O-B3 NB CENTENNIAL WAY FS MAIN ST
7188 4100 83O-AS EB EDINGER AVE NS DEL AMO AVE Y Y
Revised 0512512006
Page 2 014
aCTA BUS STOP LOCATION INFORMATION
ACCOMODA TIONS
OCTA
ID
loNa..
TBM
STDIR
Street of
Travel:
: St as LOC
Type:
Cross Street:
St Type Ad- Shelter
Shelter
Private
Shelter
City Bench CC Bench
Trash
7189 4150 830-AS EB EDINGER AVE NS RED HILL AVE
7190 4165 860-01 EB EDINGER AVE OPP JAMBOREE
PLAZA
7192 4184 860-D1 WB EDINGER AVE FS JAMBOREE V-2
PLAZA
7193 4300 83O-A6 WB EDINGER AVE FS RED HILL AVE V V
7194 4400 83O-AS WB EDINGER AVE OPP DEL AMO AVE
7197 4610 830-84 EB EL CAMINO OPP ORANGE AVE
REAL
7198 4612 83O-C4 EB EL CAMINO NS RED HILL AVE
REAL
7199 4700 83O-E5 EB EL CAMINO FS TUSTIN RANCH RD
REAL
7200 4800 830-E5 EB EL CAMINO FS AUTO CENTER DR
REAL
7201 4850 830-E6 EB EL CAMINO NS WEST DR
REAL
7202 4900 830-E6 EB EL CAMINO NS EAST DR V
REAL
7203 5000 830-E6 WB EL CAMINO FS EAST DR V
REAL
7204 5100 83O-E6 WB EL CAMINO FS WEST DR
REAL
7205 5200 83O-E5 WB EL CAMINO FS AUTO CENTER DR V
REAL
7206 5300 830-C4 WB EL CAMINO FS RED HILL AVE V V
REAL
7207 5400 83O-C4 WB EL CAMINO VNS ORANGE AVE V
REAL
7208 5500 83O-B4 WB EL CAMINO FS ORANGE ST
REAL
7212 5900 83O-B3 NB EL CAMINO FS 3RD ST
REAL
7213 6000 83O-B3 NB EL CAMINO NS 1ST ST
REAL
7720 6075 860-02 SB HARVARD AVE FS EDINGER AVE
7721 6080 860-02 SB HARVARD AVE FS MOFFETT DR
7218 6500 830-C2 EB IRVINE BLVD FS NEWPORT AVE
7219 6600 83O-D3 EB IRVINE BLVD OPP CHARLOMA DR
7220 6700 83O-E4 EB IRVINE BLVD FS BROWNING AVE V
7818 6710 830-E4 EB IRVINE BLVD FS TUSTIN RANCH RD
7819 6715 83O-F4 EB IRVINE BLVD FS ROBINSON DR
7816 6746 83O-F5 WB IRVINE BLVD FS JAMBOREE RD
7817 6748 83Q-F4 WB IRVINE BLVD FS ROBINSON DR
7221 6750 83O-E4 WB IRVINE BLVD NS TUSTIN RANCH RD
3410 7100 860-D2 WB IRVINE DR FS HARVARD AVE
CENTER
7226 7300 83O-F6 SB JAMBOREE RD FS BRYAN AVE V
7227 7310 83O-A5 EB MCFADDEN AVE FS PASADENA AVE V
7229 7500 830-A4 EB MCFADDEN AVE NS WALNUT AVE
7230 7600 83O-A4 WB MCFADDEN AVE FS NEWPORT AVE V
7231 7700 83O-A5 WB MCFADDEN AVE FS PASADENA AVE
7232 7800 829-J5 WB MCFADDEN AVE FS TUSTIN VILLAGE WAY
7233 7900 829-J5 WB MCFADDEN AVE FS WILLIAMS ST
7234 8000 829-J5 WB MCFADDEN AVE OPP RITCHEY ST V
Revised 05125/2006
Page 3 of4
OCTA BUS STOP lOCATION INFORMATION
ACCOMODA TIONS
OCTA
fD fD No.. TBM ST DIR
Street of
Travel:
St BS LOC Cross Street: St Type. Ad- Shelter Shelter
Type:
Private
Shelter
city Bench CC Bench
Trash
7235 8098 830-A5 NB NEWPORT AVE FS WALNUT AVE Y
7238 8210 830-84 NB NEWPORT AVE FS EL CAMINO Y
REAL
7239 8215 830-B4 NB NEWPORT AVE FS WALNUT ST Y
7240 8300 830-C3 NB NEWPORT AVE NS BRYAN AVE Y y
7241 8400 830-C3 NB NEWPORT AVE FS 1ST ST Y
7243 8600 830-C2 NB NEWPORT AVE FS IRVINE BLVD Y
7244 8700 830-C2 NB NEWPORT AVE NS WASS ST Y y
7245 8600 830.02 SB NEWPORT AVE NS WARREN AVE
7246 8900 830-C2 SB NEWPORT AVE OPP WASS ST
7247 9000 830-C2 SB NEWPORT AVE FS IRVINE BLVD Y
7249 9200 83O-C3 SB NEWPORT AVE FS 1ST ST Y
7250 9300 830-C3 SB NEWPORT AVE OPP BRYAN AVE Y
7251 9310 830-B3 SB NEWPORT AVE NS MAIN ST
7252 9312 83O-B3 SB NEWPORT AVE FS MAIN ST
7253 9315 830-B4 SB NEWPORT AVE FS SIXTH ST
7260 10000 859.J1 NB RED HILL AVE FS BARRANCA PKWY
7261 10100 859-J1 NB RED HILL AVE OPP CARNEGIE AVE
7262 10200 859-J1 NB RED HILL AVE OPP WARNER AVE
7263 10300 830-A7 NB RED HILL AVE OPP BELL AVE
7264 10400 830-A7 NB RED HILL AVE FS MOFFETT DR
7265 10500 830-A7 NB RED HILL AVE OPP SANTA FE DR
7896 10550 83O-A6 NB RED HILL AVE FS PARKWAY LOOP
7266 10600 830-A6 NB RED HILL AVE FS EDINGER AVE Y
7267 10700 830-B6 NB RED HILL AVE FS SYCAMORE AVE
7268 10800 830-B5 NB RED HILL AVE NS WALNUT AVE Y
7270 11000 830-B5 NB RED HILL AVE FS MITCHELL AVE
7278 11800 830-C5 SB RED HILL AVE VFS NISSON RD Y Y
7279 11900 830-B5 SB RED HILL AVE FS MITCHELL AVE Y
7281 12100 830-B5 SB RED HILL AVE FS WALNUT AVE Y
7282 12200 830-B6 SB RED HILL AVE FS SYCAMORE AVE Y Y
7283 12300 830-A6 SB RED HILL AVE FS EDINGER AVE Y Y
7284 12400 83O-A7 SB RED HILL AVE FS SANTA FE DR Y Y
7285 12500 830-A7 SB RED HILL AVE NS VALENCIA AVE Y Y
7286 12600 830-A 7 SB RED HILL AVE FS BELL AVE Y Y
7287 12700 830-A3 NB TUSTIN AVE FS 1ST ST Y
7288 12800 830-E5 NB TUSTIN RD FS EL CAMINO Y
RANCH REAL
7293 13150 830-E5 SB TUSTIN RO FS BRYAN AVE
RANCH
7294 13190 830-A5 EB WALNUT AVE FS NEWPORT AVE Y
Revised 0512512006
Page 4 of4
OCTA BUS STOP LOCATION INFORMATION
ACCOMODATIONS
OCTA
10 10 No.: TBM ST OIR
Street of
Travel-
St BS LOC Cross Street: St Type Ad- Shelter Shelter
Type'
Private
Shelter
City Bench CC Bench' Trash
7295 13192 83O-B5 EB WALNUT AVE OPP ATHERTON LN
7296 13200 83O-B5 EB WALNUT AVE FS REO HILL AVE Y Y
7297 13300 83O-C6 EB WALNUT AVE NS OXFORO AVE
7298 13400 83O-C6 EB WALNUT AVE opp BROWNING AVE
7299 13500 830-C6 EB WALNUT AVE FS CHERRYWOOD LN
7300 13600 830-07 EB WALNUT AVE NS FRANKLIN AVE
7301 13700 830-07 EB WALNUT AVE FS SINCLAIR CIR Y
7302 13750 830-07 EB WALNUT AVE NS MYFORO RO
7303 13800 830-07 WB WALNUT AVE FS MYFORD RO
7304 13900 830-07 WB WALNUT AVE FS FRANKLIN AVE Y
7305 14000 830.C6 WB WALNUT AVE FS CHERRYWOOD LN
7306 14100 830-C6 WB WALNUT AVE FS BROWNING AVE Y
7307 14200 83O-C6 WB WALNUT AVE OPP OXFORD AVE
7308 14300 83O-B5 WB WALNUT AVE NS REO HILL AVE
7309 14310 830-85 WB WALNUT AVE F5 ATHERTON LN
7310 14314 83O-A5 WB WALNUT AVE FS NEWPORT AVE Y
7839 14326 859-J1 WB WARNER AVE FS REO HILL AVE
7311 14330 830-J7 WB WARNER AVE OPP PULLMAN ST
7784 TMS05 860-01 WB TMS RDWY @ DOCK 1
7889 TMS10 860-D1 WB TMS RDWY @ OOCK 2
Total 133 35 3 5 5 16 16