HomeMy WebLinkAboutR-1993-191 ,j
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j RESOLUTION NO. 1 91 -93
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A RESOLUTION OF THE CITY OF DANIA, FLORIDA,
APPROVING AGREEMENT BETWEEN TyE CITY OF
s DANIA AND PATRICK MEDIA GROUP, INC. RELATING
TO BUS SHELTERS; AND PROVIDING FOR AN
EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA,
FLORIDA:
Section 1. That that certain agreement between the City of Dania and Patrick
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Media Group, Inc. relating to bus shelters, copy of which is attached hereto as Exhibit
"A", be and the same is hereby approved and the appropriate city officials are hereby
authorized to execute same.
-; Section 2. That this resolution shall be in force and take effect immediately
f upon its passage and adoption.
PASSED and ADOPTED this23rd dayof November 11993.
ATTEST: MAYOR - COMMISSIONER I
CITY CLERK -AUDITOR
APPROVED S!AS TO FORM AND CORRECTNESS
Frank C. Adler, City Attorney
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AGREEMENT
THIS AGREEMENT made and entered into this day of November, 1993, by and
between
CITY OF DANIA, A Florida municipal corporation,
(hereinafter referred to as "CITY")
and
PATRICK MEDIA GROUP INC., a Florida corporation,
(hereinafter referred to as "COMPANY")
WITNESSETH
WHEREAS, under the terms and conditions stated herein, the City of Dania
desires to enter into the within agreement with Company for the installation, repair and
maintenance of shelters at bus stops and other locations throughout the City.
WHEREAS, the parties wish to reduce their various understandings, covenants
and agreements to writing;
NOW, THEREFORE, for and in consideration of the mutual covenants,
agreements and considerations contained herein, City and Company hereby agree as
,
follows:
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GRANT OF RIGHT
The City hereby grants the Company the exclusive right to construct, erect,
install, repair and maintain shelters at bus stops and other locations throughout the „ >
City, subject to the City and Company mutually agreeing to each said location. The
right is intended to include both existing bus stop locations and those created by the
City or by the Broward County Transit within the corporate limits of the City or on land
owned by the City within Broward County, Florida, at any time during the term of the 5
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contract. Moreover, such right shall pertain to and include all bus stop locations within
the City, whether on land owned or leased by the City, on land over which the City has
EXHIBIT "A"
obtained easement or use rights, or at other locations approved by State Statute. The
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City shall not be required to grant permission to construct, erect or install bus shelters
i` on a utility easement until additional easement(s) is obtained from the property owner
to allow sufficient access for utility maintenance as determined by the City. However,
where the right to erect shelters is governed by County or State regulations with
reference to right of way considerations outside the jurisdiction of the City, the
Company shall be solely responsible for obtaining any and all clearances required for
placement of shelters at such locations other than locations on a state road in which
event the City, by law, shall be the responsible party for obtaining required state
permits; all costs associated with the state permits shall be the responsibility of the j
Company.
II
j FEES PAYABLE TO CITY
The Company agrees that in consideration of the right granted for the use of City
property, and other specific property uses allowed by the City, to make the following
payments to the City:
Year one of the contract: Company will pay a guaranteed fee of $400.00 for each
shelter location that is approved by the City. Payment will be within 120 days of an
approval of the location(s).
Year two of the contract: The Company will pay the City $450.00 per unit. This
payment will be due and payable exactly one year from the first payment date.
Year three of the contract: The Company will pay the City $500.00 per unit with
1 payment terms being the same as year two.
Year four of the contract: The Company will pay the City $550.00 per unit with payment
terms the same.
Year five of the contract: The Company will pay the City $600.00 per unit with payment
terms the same.
The Company will pay a one time signing bonus of $7,500.00 to the City. This
bonus will be paid upon signing of the contract.
EXHIBIT "A" =
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If the contract is extended prior to 180 days of the first five year period ending,
the Company will increase the per unit fee into years six through ten by 5% per year
and pay a one time extension fee of $15,000.00. This fee will be paid the same date
that the contract is officially extended by the City.
omptly submitted to the City of Dania Finance Director
All payments shall be pr
and shall designate the particulars of the payment. This includes a list of current
shelter locations related to the said payment. I
Any unpaid balance of fees not paid when due shall bear an interest charge of
twelve 02%) per annum until paid.
III
DUTIES AND OBLIGATIONS OF COMPANY
i The Company agrees to comply with all terms and conditions as set forth in this
contract and will undertake each of the following at its sole expense with respect to the
erection of shelters at various bus stop and other locations throughout the City of jI
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Dania:
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(a) LICENSING: The Company shall be a qualified building or general
tate of Florida, Broward County. Copies of all licenses and
contractor licensed in the S
insurance will be provided to the City by the Company. f
(b) PERMITS: One (1) building permit and one (1) electrical permit, issued by i
i the Dania Building Department, shall be required for each shelter installed. Two copies
j of structural electrical and site plans shall be submitted with each application.
(c) TECHNICAL CODES: Company agrees to erect shelters in conformance
with the South Florida Building Code and other applicable technical codes and to use f
the types of materials in accordance with the plans and specifications set forth in `
SCHEDULE I attached hereto and made a part of this contract.
(d) INSP�ON: Company agrees to inspect, clean, repair and otherwise
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maintain the shelters on a bi-weekly or on an as needed basis if more frequent than bi-
I weekly. Failure to maintain a shelter may result in the City taking action to maintain the
shelter and back charge the Company for verged expenses incurred by the City.
(e) ILLUMINATION: Company shall illuminate the advertising display unit until i --
bus service ceases each day. Note: If a unit cannot be illuminated, it will not be
installed. f
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EXHIBIT "A?'
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The City will work with the Company to help insure that illumination of the shelter
units is accomplished by hooking into the nearest point of electricity, primarily any City,
County or FPL street light that is located within 50 feet of a shelter.
j (f) INSURANCE Company shall obtain and keep in force during the term of this
contract, a policy of public liability insurance naming their insurer and the City as
additionally insured, providing said parties with insurance against public liability of all
kinds in connection with the shelters in the amount of $1,000,000.00. The Company
I will provide the City with certificate(s) of insurance including renewals, addendums and
I riders to such policies. The city manager will have the right to prior revision and
approval of all policies. Approval will not be unreasonably withheld. Company will
provide the city manager with prior notice of any material modification or change of
insurance coverage. All insurance will be issued by companies authorized to do
business in Florida and rated A:X or better per A.M. Bests Key Rating Guide latest
edition unless otherwise approved by the city manager. The insurance mentioned
herein shall be kept in operative force and effect throughout the term of this contract
and shall not be allowed to lapse.
(g) ADVERTISING: Company agrees to solicit and obtain suitable advertising
clients who desire to advertise products or services through signs or other visual
displays on the shelters. The City shall have a right to require the successful bidder to
remove any advertising material that it believes to be offensive, not suitable or in such t
j state of disrepair as to be aesthetically offensive to the City, provided that the Company
shall have a right to substitute other advertising material which is not offensive to the
{ City.
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The City agrees to exercise its judgment in a reasonable manner. The Company
shall have forty-eight (48) hours after receipt of a written demand from the City to
remove such offensive advertising material.
In the event of a dispute as to the reasonableness of the City's demand(s), the
Company will promptly follow such demand while the dispute is being resolved.
Furthermore, in the event that the Company shall fail to remove the objectionable
advertising within said forty-eight (48) hour period, the City shall have an absolute right
to cause such advertisement to be removed, and the City shall not be responsible for
any damages in connection therewith. No cigarette or liquor advertising will be placed
on shelters within 500 feet of any elementary school, junior high school, high school,
playground, established church, hospital or cemetery. No offensive sex advertising (to
be determined by the City Commission) shall be allowed on shelters.
I' (h) SURFACE RESTORATION AND LANDSCAPING: Company will repair or
I replace all structures of facilities on public or private property, which may be damaged
during construction operation or removal of shelters owned by the Company. The work
will include but not be limited to sidewalks, driveways, posts, poles, walls, fences gates,
footing, trees, shrubs, lawns, sprinklers, curbs, gutters, utilities (both overhead and
underground), manholes, catch basins, inlets, parkways, parkway drains, street
surfaces and landscaping in the parkway areas. The work will include furnishing and
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EXHIBIT "R"
replacing planting soil, trees, shrubs, grass, soil and other ground cover planting as
required to conform to the original surface condition and cross-section as specified, and
cleanup and removal of all surplus materials, rubbish and trash of every nature
remaining after the construction has been completed. The Company further agrees to
{ repair or replace public or private property in a manner acceptable to the city manager.
All repairs and replacements shall incorporate materials and methods similar to those
I used in the original structure, unless otherwise specified. I
IV
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INDEMNIFICATION
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Company will defend, indemnify and save the City, its officials and employees
harmless from and against any and all claims, liabilities, losses, actions, damages, and
causes of action including reasonable attorney's fees, and will, on account of and on
behalf of the City, defend any and all claims, actions, demands and suits which may I .
arise out of the Company's activities under this contract, whether in contract or in tort, in
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law or in equity, including all other acts or omissions to act on the part of the Company, .`
including any employee acting on the Company's behalf. I
Company agrees to pay all claims and losses of any nature whatsoever in
connection with its activities, operations and uses under this contract and will defend all
suits in the name of the City, its officials and/or employees and shall pay all costs and
judgments which may be issued thereon. Company agrees to indemnify the City up to
the limits specified in the insurance policy.
V
I INSTALLATION OF SHELTERS
Company agrees to install 30 shelters at various locations during the first six j
months after signing of this contract (subject to all permitting requirements). Additional
units may be installed if mutually agreed upon by both the City and the Company.
Company will submit,in writing, within 20 working days after the execution of this `
contract, the locations of the proposed number of shelters to be installed.
The City reserves the right to withhold its approval as to the installation of
shelters at particular locations, and if the City should determine in its sole discretion,
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++ that the proposed locations are unsuitable, then the parties shall mutually agree upon a
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an alternate locations) and the Company agrees to install shelters at such location(s). `
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The City shall be deemed to have approved the locations for bus shelters if the City I
does not disapprove such locations within 15 days of City's receipt of Company's _
written declaration of such locations. Nothing contained in this section or in any other
provisions of this contract shall be construed so as to require the Company to construct I '
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and install more than the proposed number of shelters during the term of this contract.
All bus shelters installed during the term of this contract will be installed and
maintained in accordance with the requirements of the South Florida Building Code,
and other applicable technical codes.
The Company agrees to provide divided seating on the benches placed in the
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shelters.
VI
INSTALLATION OF PAY PHONES ON SHELTERS
j Company may, in conjunction with a phone Company of their choice which
.; would be subject to the City Commission's approval, submit a proposal to the City for
approval wherein pay phones would be installed on the shelters. The phone company
during the installation must secure an electrical permit from the City for each phone
installed.
VII
CONTINUING MAINTENANCE OBLIGATION. i
Company will maintain all shelters which it installs. Company shall clear ten (10) feet
away from each side of the shelter all trash and debris within the public right-of-way
r including curb and gutter. The trash and debris shall be removed bi-weekly from the
public right-of-way. Further, the Company shall be responsible for the cleaning,
repairing or replacement of all shelter parts, including advertising materials, signs and f
visual displays placed upon the shelters. However, the Company shall not be {s3`
responsible for the maintenance or repair of any walkways or curbs to which the ;
shelters are attached, unless such walkways or curbs shall have been damaged x
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EXHIBIT "A„ f ;'
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through the acts or omissions of the Company, its agents, servants, sub-contractors or
i employees, except for those portions of the walkways or curbs, located within the
?~ shelters themselves which the Company will be responsible for maintaining at its own
1 cost and expense. In the event a shelter is not maintained in good repair and in clean
condition as determined by the city manager, the City shall so notify the Company
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and repairs will commence according to the contract. If the condition is not corrected to
the City's satisfaction within five (5) working days after the date of notice, the City shall
have the right and privilege to remove said shelter and charge the Company for the
costs of such removal (inclusive of personnel expense, labor and materials) or assess a
$150.00 per day penalty fee, starting on the 6th day until the condition is corrected. In
order to minimize any liability, the Company agrees to remove shelters that have been
damaged beyond repair and are creating a hazardous condition for the public at large
immediately upon notification or repair damaged shelters within five (5) days of
accident or damage which creates a hazardous condition.
Vill
RIGHT OF COMPANY TO REMOVE INDIVIDUAL SHELTERS.
Except as provided for in this section, the Company will not remove any shelters I[
installed at a location during the term of this contract without first having obtained
written consent of the city manager. It is agreed, however, that the Company
shall have the right to remove individual shelters (after ten (10) days written notice to
the City) without seeking prior approval from the City in the event that such shelters j
have been subjected to "chronic vandalism". For purposes hereof, the phrase 'chronic
vandalism" shall be defined as damages inflicted to an individual shelter during any
three (3) consecutive month period which require cumulative expenditures for
replacements and repairs that exceed $1,000.00 (proof of expenditures to be submitted
to the City).
EXH I BIT "q„ j
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IX
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RELOCATION OF SHELTERS
In the event of change in bus stop or other transportation system designations,
changes in street design or rights-of-way or changes the city manager deems i
necessary for the public health, safety. welfare and convenience, or changes in
demographics which materially affect the pedestrian and vehicular traffic flow at or near
shelters established in connection herewith, the Company, at the City's request, will
relocate a designated shelter to another location mutually agreed to by the City and the
Company. NOTE: if requested by the City, a shelter must be removed even ff City and
Company cannot agree on new site. The total shelter units in the City will not fall below
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the minimum number of proposed units for any 30 day period (unless Company and t
City agree to reduction). " +`
r. The expense in connection with such relocation shall be borne by the Company,
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and the Company shall act expeditiously in order to relocate such shelters, and in the
event that a change of street design or right-of-way location shall require the relocation
of a shelter, the Company shall coordinate its work with the contractors or other �.
personnel performing labor in connection with the change of street design or right-of- I
way location in order to accomplish the relocation expeditiously and without I
interference to the work in connection with the relocation of streets or rights-of-way.
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TERM OF CONTRACT
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j This contract shall become effective upon execution and shall remain in full force
and effect for a period of five (5) years beginning with the actual date the contract is
signed by the City of Dania. The contract will be renewed by the City Commission
without seeking additional or new proposals for an additional five years provided there
are no monetary defaults and that the Company has not installed a shelter that was not
approved by the City within the first five (5) years.
8 EXHIBIT "A"
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i TERMINATION PROVISION
The City may, after a hearing before the City Commission, at which time the
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Company shall have an opportunity to present its case, by an affirmative vote of a
majority of members present, declare the contract to be terminated if the City
Commission determines that the Company has materially breached the provisions of
the contract with the City . Termination proceeding will not begin until either the City or
the Company has failed to correct any material default which shall be any monetary
default not corrected by the Company within 15 days of written notification of the default
and any non-monetary default by either party not corrected within thirty (30) days of
written notification. In the event the contract is terminated, the Company awarded the
contract must remove the existing shelters located within the City of Dania within thirty
(30) days from date of notice by the City.
XII
ASSIGNMENT
This contract shall not be assigned or sold without the prior written consent of
the City Commission which consent shall not be unreasonably withheld.
XIII
OBTAINING NECESSARY APPROVALS
The Company shall obtain any and all necessary County and State approvals of
lany kind that might be required as a condition of installing the proposed shelters at
locations within the City. Provided, however, the City shall obtain any and all necessary
approvals or licenses of any kind that might be required as a condition of installing the
proposed shelters at bus stop locations on State roads. The cost of obtaining any such
permits or licenses shall be borne by the Company. The City will not charge the
Company for any permits required to place shelters in the City of Dania.
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z XIV
INDEPENDENT CONTRACTOR
1 The Company and its employees and agents shall be deemed to be an l
independent contractor, and not an agent or employee of the City.
i XV
SUCCESSORS AND ASSIGNS
This contract shall be binding upon the Company, the City of Dania, their
executors, legal representatives, successor and authorized assigns.
XVI
NOTICE
Ft Any and all notices required under this contract shall be deemed to have been given
I when placed in the United States mail, certified, return receipt requested, addressed as
follows:
FOR COMPANY: Thomas F. Neville, Vice President
Patrick Media Group, Inc.
1360 N.W. 78th Ave.
Miami, Florida 33126
FOR CITY OF DANIA: Robert Flatley, City Manager
100 W. Dania Beach Blvd.
Dania, FI 33004
or to such other addresses as the parties may designate from time to time.
{ XVII
ENTIRE CONTRACT
This contract shall contain all the terms and conditions agreed upon by the
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Company and the City of Dania and no other contract, oral or otherwise, regarding the
subject matter shall be deemed to exist to bind either of the parties hereto.
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,o LEXHIBIT „A"
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Moreover, this contract may not be modified or amended except by written
agreement of both parties. Any and all modifications shall require the prior written
approval of the city manager, for the City.
XVIII j
OWNERSHIP OF COMPANY SHELTERS
The shelters shall remain the sole property of the Company and must be
removed within thirty (30) days of termination by the Company or the City of Dania.
The Company shall restore the property upon which the shelters were located, to their
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original condition. At the end of the proposed contract, the Company shall no longer
Ii possess the rights to maintain, operate or install shelters on land owned by the City of
! Dania.
XIX
COMMUNITY SERVICE
The Company shall provide the advertisement boxes for City sponsored
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advertising messages on up to ten (10) of the Company's advertising panels per month
in locations to be determined by both the city manager and the Company. City
advertisements may be utilized on panels that are not occupied by paying customers. Fa
The Company shall not be responsible for paying for public service message materials.
The City agrees to provide all necessary ad materials. The Company, however, will `
install at no cost to the City, such public service advertisements. -
XX
ATTORNEYS' FEES
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The prevailing party in any litigation arising from this contract shall be entitled to
reasonable attorney's fees and costs.
„ EXHIBIT "A" Q
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j S ' CITY OF DANIA, a Florida
municipal corporation
By:
Mayor - Commissioner
ATTEST:
By:
City Manager
City Clerk - Auditor
Executed by City, this day of
1993
(City Seal) PATRICK MEDIA GROUP, INC., a
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Florida corporation
APPROVED AS TO FORM AND
CORRECTNESS By
President
By:
Frank C. Adler, City Attorney ATTEST: f
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Secretary
Executed by Company, this day
of 11993
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EXHIBIT "A.,
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SCHEDULEI
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SHELTER SPECIFICATIONS f
Shelters must be designed and tested to meet the exact building requirements for
the South Florida Building Code.
STANDARDS
Shelters must conform to all Federal. State and Local laws. All codes and
regulations shall be in accordance with the latest editions of the Standards and Codes
listed hereunder:
l A. South Florida Building Code-
B. Aluminum Construction Manual Specifications for aluminum structures. I
C. AISC " Specifications for Design, Fabrication and Erection of Structural Steel for
Buildings".
D. American Society for Testing Materials.
E. ACI Building Code Requirements for Reinforced Concrete. (ACI 318-77)
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BUS SHE
LTER CON
STRUCTION
Each shelter shall consist of an aluminum framework suitable for supporting
transparent wall panels and opaque roof panels. Each shelter structure shall be suitable
for mounting on concrete footing, or pad.
DIMENSIONS (All Approximate)
Roof Length Standard 12' 10"
Other Lengths:
8' 10", 16' 10", 20' 10", 24' 10"
..
Roof Width: 62
Roof Height: 7 0 minimum
Vertical Posts:
Spacing ( out to out )
At left and right end 4' 10"
} Wall sectioned:
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13 EXHIBIT "A"
The shelters must have rear wall sections. Glazing must be provided on rear wall
sections, sides and fronts. Each wall section, frame members and mullions must be
constructed of aluminum. Glass rear panels must be tempered and 46 1/4" x 69 1/4" x
1/4". Lexan, marguard, or acrylic may be substituted for tempered glass.
SHELTER FRAME AND RELATED METAL COMPONENTS
(A) GENERAL
The shelters' structure must comply with the current edition of the South Florida
Building Code standards. i
(B) FRAMEWORK '
The shelters superstructures shall have aluminum framework with a standard
medium bronze Duracron painted (ESP) finish. Shelters must have an anodized finish.
The frame must be supported above the ground by vertical posts at comers. All
vertical posts must be provided with a shoe anchoring device at the bottom of the posts.
The vertical posts must be anchored to the pavement by special shoe mounting
anchors of adequate strength. Top and bottom horizontal rails must able attached to
vertical posts and mullions by concealed fasteners.
All main members shall have a minimum .100 inch wall thickness. All structural
frame members must be extruded aluminum of 6063-T5 alloy. All exposed surfaces must
be smooth, neatly finished and free from burrs, slivers, projections, nicks, dents, -
scratches or other imperfections. There shall be no apparent welds in any exposed
aluminum. Each member must consist of one or more elements of metal which are
continuous from one end of the member to the other without splices or cross-joints.
All structural frame connections must be concealed and no surface or area shall
require finishing after assembly and erection of the structure.
(C) MODULAR SPACING
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Vertical members of the shelters or glazing framework, other than comer posts,
must have a fixed and uniform spacing, center to center, so as to produce a modular f
dimensional system of framing. Posts and comer Posts and Fascia must have a radius I
I of 5 inches in width, when viewed from any direction.
(D) FASTENERS AND CONNECTIONS
All fasteners such as pop rivets, drive rivets, and alien-head screws, fitting and
other miscellaneous parts must be made from corrosion resistant materials. Fasteners
must be of a type which cannot be loosened with readily available tools. No regular
14 EXHIBIT "A"
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phillips, hex-head• or square-head screws or bolts may be used where exposed in the
finished shelter. Parts must fit tightly together without open joints or exposed thin edges.
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(E) WEEPHOLES
Structure shall have weepholes as necessary to assure drainage of condensation.
(F) SHELTER STRENGTH
The entire assembly, when anchored in place, must be able to sustain without
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damage the following minimum design loadings as the current edition of the South
I Florida Building Code:
30 PSF Live Load
I 1. Roof 38 PSF Wind Load
35 PSF Wind Load
2. Sidewalks 150% of wind uplift
3. Anchorage to Pavements and overturning
4. Bench 1200 lb. distributed
in full length
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Capacity to sustain the above loadings must be demonstrated by detailed structural
analysis made by a registered structural engineer. Design capacity must be confirmed by
field testing of one installed shelter. Calculations bearing the name, address, and
professional seal of the structural engineer shall be submitted with shop drawings upon
request of the city. GLAZING
All glazing must be a minimum of 1/4" thick bronze tempered glass. Glazing panels
must be 46 1/4" X 69 1/4" X 1/4" in size. Glazing must be adequately supported and
j engaged in order to sustain the minimum loading specified by the South Florida Building.
1 Mullions must be of minimum width to enhance the appearance of the shelter. Supports
must be such that will permit simple field installation of glazing and future reglazing as f
may be required. Glazing must be securely fastened to the shelter in a tamperproof
manner. There must be a minimum opening of 4" (8" maximum) from the ground to the
bottom edge of the rear glazing panels and a minimum of 4" (8" maximum) from the
upper edge of the rear panels to the roof in order to allow the wind to blow through the
shelter. If necessary, glazing must be installed in such a manner as to completely
enclose the unit.
15 �
EXHIBI "~ I
ROOF
The shelter roof must be opaque, weather tight and nominally flat 1/8" per foot
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maximum (slope measured alon the shortest dimensions). If more than one panel is
used, the assembly must include roof members which run continuously between adjacent
panels and provide both structural support and a weather seal. Both top and bottom
panel surface (ceiling) must be finished and light in color. The roof must withstand a
1 uniform live load of 30 PSF over its entire surface with total recovery after removal of
load, maximum deflection (as specified in the South Florida Building Code) without any
cracks or other damages.
The roof must be securely fastened to the shelter in a concealed and tamper proof
manner. Roof must be leak proof and designed so that a minimum of ninety percent
(90%) of roof drainage is off the rear of the shelter.
FASCIA
The shelter roof frame must incorporate a fascia. The Fascia finish must be the
same as the framework. The fascia beam must run continuously around the roof edge.
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ADVERTISING
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The shelter must be able to display advertising, incorporating a standard size
advertising panel with poster dimensions of 48"wide by 69" high. The Panel must
provide for two advertising faces back to back with a single lighting source contained
within the panel cabinet. The panel cabinet must be such as to protect the advertising
copy and the light fixtures. The Shelter circuit must be grounded, fused and amperage
wiring as required per the South Florida Building Code. All fixtures connections conduit
and fusing must be approved by Underwriters laboratories (UL).
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EXHIBIT "A"
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