In October 2001, an agreement between the City and Clear Channel was executed for Clear Channel to construct, operate and maintain bus shelter structures and other street furniture on the public right-of-way throughout the City. The agreement (currently on a month-to-month) provides for commercial advertising on the bus shelter and revenue sharing with the City.

At the December 9, 2015 City Commission meeting, the Commission discussed the need to improve the existing bus shelter design and the desire for bus shelters to include enhancements that could help promote transit.  At the March 9, 2016 City Commission meeting, the Commission  adopted Resolution No. 2016-29325 accepting the recommendation of the Finance and Citywide Projects Committee (FCWPC) to issue a Request for Proposals for the design of new bus shelters; and authorizing the City Manager to extend the existing agreement between the City and Clear Channel on a month-to-month basis after expiration on October 31, 2016, as needed, such that the Clear Channel contract would remain in place until the new contract is executed.

On April 13, 2016, the City Commission approved to issue Request for Qualifications (RFQ) No. 2016-116-KB for Architectural and Engineering Design Criteria Professional Services for New Bus Shelters.  A contract for bus shelter design services was executed on July 19, 2017, and the design effort commenced on October 4, 2017.  The design included development of 100% final engineering plans, specifications, and construction cost estimates.

On August 7, 2019, RFP No. 2019-306-KB for a revenue sharing agreement for the construction, operation, and maintenance of bus shelters of iconic design developed by the City was issued. The Procurement Department issued bid notices to prospective bidders utilizing www.publicpurchase.com and www.bidsync.com website. 160 prospective bidders accessed the advertised solicitation. A voluntary pre-proposal conference was held on August 15, 2019. RFP responses were due and received on October 22, 2019. However, no responses to the RFP were received by the deadline. One bidder attempted to deliver a late response which could not be accepted.

The City received a number of “no bid” forms from viable bidders explaining their decision to not submit a bid. Bidders cited concerns with the anticipated construction cost of the bus shelters as the primary reason for not responding, including the inability of the bidder to recover the investment within the contract terms approved by the City Commission, which included up to 20 years. Additionally, City staff conducted industry review meetings to better understand the design-related concerns and other impediments faced by bidders.

Feedback received from the industry review meetings was used in developing a new solicitation (Invitation to Negotiate (ITN)).  For example, City staff worked with the bus shelter design consultants, ACAI Associates, Inc. and Pininfarina, and reviewed opportunities for value engineering to reduce the estimated construction cost of the prototypical bus shelter design.  Additionally, staff worked with Clear Channel to secure transfer of ownership of the existing bus shelters and other street furniture to the City (pending City Commission approval at the September 16, 2020 City Commission meeting) to enable the Successful Proposer to begin advertising on the existing bus shelters from the onset of the new contract while new bus shelters are installed.  This will also allow existing bus shelters to remain in use by transit passengers until new bus shelters are erected, thus minimizing the inconvenience to passengers.  Furthermore, based on feedback received from prospective bidders, the new solicitation allows bidders the option to propose an alternative bus shelter design concept in lieu of the prototypical design developed by the City's design consultants.

The purpose of this ITN is to seek proposals from qualified parties for the construction, operation and maintenance of new prototypical bus shelters developed by the City or an alternative bus shelter design proposed by the successful bidder, and other street furniture (e.g. bus benches and stand-alone digital ETA signs), including the sale of bus shelter advertising space, with the goal of negotiating an agreement that results in revenue to the City. It is the intent of the City that all costs relating to construction and installation of the bus shelters and other street furniture shall be the responsibility of the Successful Proposer. The prototypical bus shelter design incorporates features enhancing the transit experience of passengers, including innovative designs and technology, and enables for installation of bus shelters at more bus stops, particularly at locations with constrained right-of-way. The City’s goal through this solicitation is to improve the aesthetics of the bus stops, amenities for transit passengers, provide for the highest standard in maintenance and cleanliness, improve and maintain safe pedestrian pathways, and comply with all Americans with Disabilities Act (ADA) requirements at all bus stop locations.

• PURPOSE.  Please Reference, ITN 2020-239-KB for Revenue Sharing Agreement for the Construction, Operation, And Maintenance of Bus Shelters and other Street Furniture (attached).

•  SUBMITTAL REQUIREMENTS.  Please Reference Section 0300, ITN 2020-239-KB for Revenue Sharing Agreement for the Construction, Operation, And Maintenance of Bus Shelters and other Street Furniture (attached).

• CRITERIA FOR EVALUATION.  Please Reference Section 0400, ITN 2020-239-KB for Revenue Sharing Agreement for the Construction, Operation, And Maintenance of Bus Shelters and other Street Furniture (attached).

Following the receipt of proposals, an Evaluation Committee will review proposals in accordance with the criteria established in the ITN.

The Administration recommends the issuance of ITN 2020-239-KB for Revenue Sharing Agreement for the Construction, Operation, And Maintenance of Bus Shelters and other Street Furniture.