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1 E-470 Public Highway Authority Safety Patrol RFP November 23, 2009 Request for Proposal SAFETY PATROL FOR E-470 PUBLIC HIGHWAY AUTHORITY November 23, 2009

Request for Proposal

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Page 1: Request for Proposal

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E-470 Public Highway Authority Safety Patrol RFP November 23, 2009

Request for Proposal

SAFETY PATROL FOR

E-470 PUBLIC HIGHWAY AUTHORITY

November 23, 2009

Page 2: Request for Proposal

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E-470 Public Highway Authority Safety Patrol RFP November 23, 2009

TABLE OF CONTENTS

1.0 INVITATION 3 2.0 ROAD DESCRIPTION; E-470 OVERVIEW 4

2.1 Safety Patrol Overview 4-5 3.0 PRE-PROPOSAL MEETING AND SITE VISIT 5 4.0 PROPOSAL PROCESS 6-8 4.1 Document Review and Questions 6-7 4.2 Questions and Responses 7 4.3 Reservations and Responsiveness of Proposals 7-8 4.4 Waivers 8 4.5 Contractual Requirements 8 4.6 Costs Incurred in Proposing 8 4.7 Authorizations, Licenses, Permits and Fees 8 5.0 PROPOSAL SUBMITTAL REQUIREMENTS 9 6.0 SPONSORSHIP PROGRAM ELEMENTS 10-11 6.1 Sponsorship and Promotional Exclusivity 10 6.2 Term 10 6.3 Sponsorship Program Elements 10-11

6.4 Community Service Programs 12 7.0 SPONSORSHIP PRICE PROPOSAL 12 8.0 EVALUATION PROCESS 13 9.0 ORAL PRESENTATIONS 14 9.1 Presentation Content 14 9.2 Presentation Requirements 14 10.0 CONTRACT AWARD/EXECUTION 15

EXHIBITS Safety Patrol Agreement Exhibit A Traffic Volume and Projections Exhibit B RFP Schedule Exhibit C Safety Patrol Vehicle Fleet Exhibit D Safety Patrol Uniforms Exhibit E Safety Patrol Publicity Exhibit F Safety Patrol at Special Events Exhibit G Safety Patrol Roadway Signage Exhibit H Safety Patrol on the Variable Message Signs Exhibit I Safety Patrol Promotional Items Exhibit J Safety Patrol Reply Cards Exhibit K Safety Patrol Statistics Exhibit L

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E-470 Public Highway Authority Safety Patrol RFP November 23, 2009

1.0 INVITATION The E-470 Public Highway Authority (E-470) invites written Proposals from qualified firms to serve as the E-470’s Safety Patrol Sponsor (Sponsor) to provide sponsorship of emergency services to stranded motorists and disabled vehicles, while assisting with accidents, and when performing roadway litter pickup services on a full-time, around-the-clock basis. Only Proposers agreeing to all of the services described herein will be considered by E-470. E-470’s Safety Patrol sponsorship consists of, but is not limited to, the following components: 1) naming rights, 2) mobile signage and fleet design, 3) fixed signage along the E-470 corridor, and 4) promotion of a safe environment for E-470 customers, employees, and the general public. For this RFP, the term “Proposer” means the prime proposer acting for itself and those individuals, partnerships, firms, or corporations comprising the Proposer’s team by subcontract or other agreement. The term “Sponsorship” means the complete response of the Proposer to the RFP, including the properly completed Statement of Qualifications, examples of Community Service Programs as outlined in Section 6.4, the Sponsorship Price Proposal, and supporting documentation. Unless the context shall otherwise clearly require, all words used herein in the singular form shall extend to and include the plural and all words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. The term “Sponsorship Agreement” as used in these Instructions to Proposers shall mean an agreement in substantially the form of E-470’s previous Safety Patrol Agreement, attached hereto as Exhibit A, including the Terms and Conditions. The anticipated term of this contract is for an initial three (3) year term with two (2) successive one (1) year renewals, at the option of E-470.

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E-470 Public Highway Authority Safety Patrol RFP November 23, 2009

2.0 ROAD DESCRIPTION; E-470 OVERVIEW E-470 is a 47-mile toll road forming the eastern half of a beltway around the Denver metropolitan area. E-470 was created under Colorado’s Public Highway Authority Act and is governed by a Board of Directors comprised of appointed members from the eight voting jurisdictions that joined together to create the toll road. The voting members are Adams County, Arapahoe County and Douglas County plus the cities of Aurora, Brighton, Commerce City, Thornton and the Town of Parker. There are seven non-voting members of the Board. These are Weld County, the cities of Greeley, Arvada and the city and county of Broomfield, the Denver Regional Council of Governments, the Regional Transportation District, and the Colorado Department of Transportation. When E-470 opened the first section in 1991, it was one of the first toll roads in America to provide transponder-based, open-road, non-stop toll collection. Over the years, because of these and other innovations, E-470 has been a paradigm for toll road operators and infrastructure planners throughout the nation and the world. There are two ways to pay a toll on E-470—by EXpressToll or License Plate Toll. EXpressToll is the automatic, electronic toll collection method available on E-470, the Northwest Parkway, and the I-25 tolled Express lanes. The EXpressToll customer is provided with a vehicle-mounted transponder that attaches either to the inside of the vehicle’s windshield or the front bumper. The toll is automatically deducted from a pre-paid EXpressToll account. EXpressToll customers pay a lower toll rate on E-470. Those customers without a transponder automatically become License Plate Toll customers. Cameras photograph the front and rear license plates and a bill is sent to the registered owner of the vehicle for all tolls incurred during a 30-day period. Currently, there are over 320,000 EXpressToll customers from all over the country, with 34,000 customers residing in Aurora, Colorado, the largest municipality through which E-470 travels. Other areas with large numbers of EXpressToll customers include Parker, Littleton, Denver, Fort Collins, Boulder, Colorado Springs, Highlands Ranch, Longmont, Castle Rock, and Centennial, all located in Colorado. In 2008, there were 52,080,461 toll transactions made on E-470, with 68.68 percent EXpressToll penetration. The current EXpressToll market penetration is 73 percent. See Exhibit B for traffic volume and projections.

2.1 Safety Patrol Overview The Safety Patrol is E-470’s most visible service to customers. This 24-hour, seven days a week service is available to every customer who drives E-470. The Safety Patrol’s range of responsibilities includes maintaining the appearance of the road to providing roadside assistance to customers, e.g. providing fuel, changing a flat tire. The Safety Patrol is also well-trained in incident management techniques and is certified in the National Incident Management System.

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E-470 Public Highway Authority Safety Patrol RFP November 23, 2009

The Safety Patrol offers the sponsor a unique vantage point in the Denver metropolitan marketplace. Not only is the Safety Patrol identifiable and recognizable by their presence on the road and eye-catching vehicle color scheme, the Safety Patrol is always associated with helping customers in distress and providing that level of comfort a driver on other roads in Colorado cannot receive. The Safety Patrol provides an average of 1,600 stops for assistance each month to E-470’s customers.

3.0 PRE-PROPOSAL MEETING AND SITE VISIT E-470 will conduct a Pre-Proposal meeting for all interested firms on Friday, January 22, 2010. The meeting will begin at 2:00 p.m., (MST) in the Boardroom of E-470’s headquarters located at 22470 East 6th Parkway, Aurora, Colorado 80018. Only the Proposals of Proposers who attend this meeting shall be considered by E-470. (Please note: If a proposer is unable to attend the meeting, the proposer will be allowed to participate via teleconference. E-470 must be notified of the teleconference request by Wednesday, January 13. At that time, the proposer will be provided with the necessary information to participate via teleconference.) Questions following the Pre-Proposal meeting shall be submitted in writing and via e-mail to Shannon Matthews at [email protected]. E-470 will distribute all e-mailed written questions submitted following the Pre-Proposal meeting by February 4, 2010, including E-470’s responses, if any, to the questions submitted. E-470, in its sole discretion, may, in response to written questions, elect to modify the Request for Proposal (RFP) through the issuance of one or more addendums. See Exhibit C for the RFP schedule. An escorted site visit of the existing EXpressToll service center, E-470’s headquarters, Safety Patrol vehicles, and the E-470 highway will be conducted for all Proposers, as part of the Pre-Proposal meeting, to familiarize the Proposers with E-470. Material suppliers, vendors and subcontractors who have an interest in the workday conditions may also participate in the site visit. Questions may be submitted to E-470 following the site visit. Questions regarding the site visit may be submitted only in writing or via e-mail to E-470 at the previously listed e-mail address prior to February 2, 2010; see Section 4.1 below.

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E-470 Public Highway Authority Safety Patrol RFP November 23, 2009

4.0 PROPOSAL PROCESS

Each Proposer shall submit a Proposal which shall be comprised of a Statement of Qualifications, examples of Community Service Programs as outlined in Section 6.4, a Sponsorship Price Proposal, and any requirements the Proposer may request of E-470 (the “Proposal”). Each Proposer may be required to make an oral presentation of no longer than forty-five (45) minutes. Following the oral presentations, E-470 will select the preferred Proposer and begin negotiations. E-470 reserves the right to reject, without explanation, any or all Proposers. Following negotiations between E-470 and the preferred Proposer, a final sponsorship agreement will be drafted and will be presented to the E-470 Board of Directors for approval of the sponsorship agreement. Once the sponsorship is awarded, a Notice to Proceed will be issued. By submitting a Proposal, each Proposer represents that the Proposer understands and accepts the terms and conditions of the RFP and the sponsorship agreement. Further, Proposer’s shall provide in their Proposals, that they expressly disclaim and waive the right, if any, to claim damages or make other claims arising out of the RFP, including any claims due to misinterpretation or misunderstanding by the Proposer of the RFP. It is not intended that the contents of the Proposals be disclosed to the public. However, E-470 assumes no liability for disclosure or use of data submitted in response to this RFP for any purpose. Any document submitted to E-470 shall be subject to the Colorado Open Records Act, and a Proposer shall take whatever steps necessary to protect any document deemed confidential. In regard to documents submitted by the Proposer which are marked proprietary, E-470 will use reasonable efforts to maintain their confidentiality. Notwithstanding the above, E-470 will not be liable for any damages in connection with the disclosure of Proposals. A Proposer may modify or withdraw a previously submitted Proposal at any time before the final Proposal due date. Requests for modification of a submitted Proposal shall be submitted in writing and be signed in the same manner as required for Proposals by the RFP. Upon receipt of a written withdrawal request, the entire Proposal shall be returned to the Proposer and will not be considered by E-470 unless re-submitted prior to the Proposal due date. Direct contact with E-470 Board members is prohibited during this proposal preparation, review, and selection process. Contact with E-470 staff should be limited to written questions concerning the RFP during the proposal preparation, review and selection process.

4.1 Document Review and Questions

Prior to completion of their Proposals, interested firms may request to review documentation and submit questions relating to the RFP. Document requests and written questions will be submitted to E-470 during regular business hours, beginning January 22 and ending at 4:00 p.m. (MST) February 2, by contacting Shannon Matthews by e-mail, at smatthe@e-

470.com. Questions submitted by February 2, 2010 and any corresponding answers will be

posted by addendum to the RFP on the E-470 website at 10:00 a.m. (MST) February 4, 2010.

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E-470 Public Highway Authority Safety Patrol RFP November 23, 2009

E-470 makes no representations as to the completeness or accuracy of any documents reviewed. Documents shall not be removed from E-470’s office. E-470 will not provide copy services; however, Proposers may make their own arrangements for copying.

4.2 Questions and Responses E-470 will recognize only written communications which are signed by person(s) authorized to contractually bind the Proposer. Only written questions received prior to the deadlines specified above will be considered for response by E-470. E-470 reserves the right, at its sole discretion, to select the questions it chooses to answer and may not provide responses to all questions. If E-470 elects to respond to a Proposer’s questions, E-470 will post the answers by addendum to the RFP. The deadline for receipt of all written questions described in this section is 4:00 p.m. (MST), on Tuesday, February 2, 2010.

4.3 Reservations and Responsiveness of Proposals E-470 reserves the right to accept or reject any or all Proposals received. The Proposer acknowledges that the Proposals will not be returned to the Proposer and shall become property of E-470 unless withdrawn by the Proposer as provided above. The submission of the Proposal shall be an irrevocable and unconditional binding offer of the Proposer for 180 days from the date of submission until rejection by E-470 or acceptance through the execution of the Sponsorship Agreement. Selection of a preferred Proposer shall not bind the Authority to contract with the selected Proposer. The Sponsorship Agreement shall only bind E-470 when signed and approved by E-470’s Board of Directors. E-470 further reserves the right to negotiate the Sponsorship Agreement’s provisions. A Proposal will be considered responsive if it meets all the requirements stated in this RFP. A Proposal found irregular, conditional, or not in conformance with the requirements contained in the RFP may, at the discretion of E-470, be considered non-responsive and eliminated from further consideration in the selection process. A Proposal may be considered irregular or non-responsive for reasons such as, but not limited to, the following: failure to use or complete the prescribed forms; incomplete, indefinite or ambiguous; improper or undated signatures; or clearly unrealistic. Proposals may be rejected if more than one Proposal is received from an individual, firm, partnership, corporation, combination thereof or other association, under the same or different names. Such multiple proposals may cause the rejection of all Proposals in which such Proposer has participated. It is understood that a subcontractor may be included in more than one Proposal. The ability of the Proposer to pay all expenses in accordance with the RFP is essential to E-470. Reasons such as, but not limited to the following may be sufficient cause for disqualification of a Proposer.

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E-470 Public Highway Authority Safety Patrol RFP November 23, 2009

(a) Evidence of collusion between a Proposer, partner, constituent, subcontractor, for example, with one or more of another Proposer, partner, constituent or subcontractor.

(b) Failure to pay or satisfactorily settle all bills due for labor and material on prior

contracts with E-470 at the time the Proposals are opened.

(c) Default or disqualification under a previous contract with E-470 or other factors relating to the performance, malfeasance, or omissions under other contracts with E-470.

(d) Pending or existing dispute between E-470 and the Proposer or any of its

subcontractors.

(e) Any litigation or other proceedings, including without limitation, bankruptcy, that E-470 considers significant and could distract the Proposer from the performance of the Sponsorship Agreement, whether or not E-470 is a party.

(f) Evidence that the Proposer’s financial condition or stability is unsatisfactory to

accomplish the services described in this RFP.

4.4 Waivers E-470, in its sole discretion, may waive informalities or minor irregularities, which are merely a matter of form and not substance, in a Proposal. Minor irregularities include those which will not have a material, adverse effect on E-470’s interest and will not give a Proposer a significant advantage or benefit not enjoyed by other Proposers.

4.5 Contractual Requirements Information regarding requirements for insurance, bonds, taxes, patents, copyrights, errors and omissions, term of the Sponsorship Agreement, contractual relationships and other terms and conditions are provided in the Sponsorship Agreement.

4.6 Costs Incurred in Proposing Proposer, by proposing, agrees and acknowledges E-470 shall not pay any costs incurred by a Proposer or the procurement of any articles or services. Proposer waives any claim it may have or may incur in connection with the preparation and submission of the Proposal.

4.7 Authorizations, Licenses, Permits and Fees The Proposer must be authorized to do business in the State of Colorado and comply with all applicable laws and regulations of the State of Colorado. Such authorization and licenses shall be obtained by the Proposal due date and adequately documented in the Qualification and Financial Data Sheets. Joint venture partners shall each have separate licenses.

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E-470 Public Highway Authority Safety Patrol RFP November 23, 2009

5.0 PROPOSAL SUBMITTAL REQUIREMENTS

It is the responsibility of the Proposer to adequately respond to each specific request in the RFP. E-470 is not required to seek clarification of Proposals because the response is ambiguous or fails to address a specific requirement. For clarity of response, each part of the Proposal shall cross-reference the relevant part of this RFP. Requirements for information to be presented in the Proposals are described in the following Sections of the Instructions to Proposers: Section 6.0 Sponsorship Program Elements; Section 7.0 Sponsorship Price Proposal. The Proposal shall be submitted in bound volumes on standard 8 ½ x 11 inch paper. Charts and exhibits may be of larger size but must be folded to the standard size. Type size shall not be less than 10 point. Each part of the Proposal shall be indexed and all pages sequentially numbered. Bindings and covers shall be at the Proposer’s discretion. Elaborate special brochures, art work, and other presentation aids are not required. A Proposer’s existing financial reports, documents or brochures, which delineate the Proposer’s general capabilities and past experience, are not required to comply with the prescribed format. It is not the intent to have these documents reformatted. All Proposals and associated forms shall be signed and dated in ink by a duly authorized officer or representative of the Proposer. Each Proposal shall include corporate resolutions, partnership certificates or other documentation that establishes the Proposer’s signature authority. An executed original, six (6) printed copies, and three (3) Microsoft Office PDF copies on a CD of the Sponsorship Proposal and Price Proposal shall be submitted to:

E-470 Public Highway Authority Attention: David Kristick, Director of Operations 22470 E 6th Parkway, Suite 100 Aurora, Colorado 80018

The copies of the Sponsorship Proposal and Price Proposal shall be submitted in a single sealed box, identified as such, and bearing on the outside the following:

Proposal For: E-470 SAFETY PATROL Submitted To: E-470 PUBLIC HIGHWAY AUTHORITY Submitted By: PROPOSER’S NAME

PROPOSER’S MAILING ADDRESS PROPOSER’S PHONE NUMBER PROPOSER’S EMAIL ADDRESS PROPOSER’S BUSINESS WEB SITE

PROPOSER’S CONTACT PERSON NAME DATE SUBMITTED

Proposals shall be received until 4:00 p.m. (MST), February 19, 2010. Proposals delivered after the Proposal due date and time will not be accepted. The sender will be notified of this rejection. All Proposal documents shall be submitted in the English language.

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E-470 Public Highway Authority Safety Patrol RFP November 23, 2009

6.0 SPONSORSHIP PROGRAM ELEMENTS 6.1 Sponsorship and Promotional Exclusivity

The Proposer shall have sole and exclusive rights to promotional, name recognition, and advertising in conjunction with the Safety Patrol program.

6.2 Term

The term of the Agreement shall be for a period of three (3) years, commencing as of April 1, 2010 and ending March 31, 2013, unless terminated earlier in accordance with the terms of the Agreement. Thereafter, the Sponsorship Agreement shall renew on April 1 for two consecutive one-year terms at the option of E-470. The Sponsorship Agreement is subject to annual budgeting and appropriation by E-470. 6.3 Sponsorship Program Elements PATROL FLEET The Safety Patrol shall be continuously operated by E-470 throughout the term of this Agreement with a minimum fleet of six (6) pick-up trucks. If for any reason E-470 does not operate the above number of vehicles for 30 consecutive days during the term of the Agreement, the Proposer shall have the right to terminate the Agreement with no further fees due and shall receive a pro-rata refund of fees paid from the date of termination through the remainder of the year’s period for which payment had been made. The Proposer shall have the rights and benefits to name, brand and otherwise utilize the entire surface area of the Safety Patrol vehicles with the exception of E-470’s logo that will remain in its existing size and form as illustrated in Exhibit D attached to this document. UNIFORMS The Proposer shall have the right and benefits to: (1) incorporate the Proposer’s logo/theme on the Safety Patrol drivers’ uniforms. This is illustrated in Exhibit E attached to this document. PUBLICITY The Proposer shall have the right and benefits to incorporate the Proposer’s logo/theme in all sponsorship publicity containing references to the Safety Patrol produced by E-470, including, but not limited to, Web sites, brochures, newsletters and press releases. This is illustrated in Exhibit F attached to this document. SPECIAL EVENTS The Proposer shall have the rights and benefits of promotional use of Safety Patrol vehicles for events such as child safety seat inspections, the vehicles in parades and setting up other safety events at Proposer dealer locations. Events shall occur subject to availability as reasonably determined by E-470. The Proposer shall make written requests to E-470 for such use with a minimum of thirty (30) days notice in advance and obtain approval and scheduling by E-470. E-470, or its contractors, shall be responsible for driving and manning the vehicles at all events. The Proposer shall pay for the driver’s wages and the Federal mileage rates only. The Proposer’s use of the Safety Patrol vehicles shall not degrade in any way the normal scope of work and schedule used to employ the Safety Patrol on E-470. This is illustrated in Exhibit G attached to this document.

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E-470 Public Highway Authority Safety Patrol RFP November 23, 2009

MAINLINE SIGNAGE At the Proposer’s option and expense, the proposer, by coordination with E-470 and having received E-470’s approval, shall facilitate the design and use of six (6) 8’ X 10’ signs on E-470’s right-of-way served by the Safety Patrol. The design, materials and use of the signs must comply with FHWA guidelines, and such designs, materials and use, as well as the sign locations, are all subject to approval of E-470, which approval shall not be unreasonably withheld. E-470 reserves the right to have the signs designed and used by E-470’s sign contractor. This is illustrated in Exhibit H attached to this document. E-470 shall be responsible for the maintenance and upkeep of all signage (excluding days of severe weather), and shall keep the above signs in place and readable by motorists during the term of the Agreement. Should repairs or replacements become necessary, they shall be made within sixty (60) days of E-470 becoming aware of the need of such repairs or sign replacement. Maintenance and repair costs associated with this signage will be at the expense of the Proposer. VARIABLE MESSAGE SIGNAGE Intermittent messages on the variable message signs will include the Proposer’s name as well as the number to call for roadside assistance. This is illustrated in Exhibit I attached to this document. PROMOTIONS The Proposer shall have the right to develop promotional materials and have them distributed by the drivers of the Safety Patrol vehicles to patrons of its services. All such materials shall be submitted by the Proposer for E-470’s written prior approval before such distribution. E-470 shall ensure that all approved materials provided by the Proposer will be distributed by the Safety Patrol drivers, in accordance with the Proposer’s reasonable instructions. E-470 shall notify the Proposer when inventory of the promotional material is depleted to an approximate thirty (30) day supply, in order to allow adequate time for printing and replenishment of the materials. Such distribution of promotional materials shall not detract from the Safety Patrol’s primary scope of work. This is illustrated in Exhibit J attached to this document. REPLY CARDS Proposer shall have the rights and benefits of including the Proposer’s name, brand, or mark on the comment cards provided to all motorists receiving assistance from Safety Patrol drivers, as demonstrated in Exhibit K attached to this document. The Proposer shall provide initial reply cards and any modifications thereafter to the Proposer for E-470’s written prior approval. E-470 shall assist the Proposer in the preparation of quarterly reports with respect to the activities of the Safety Patrol which shall include a customer comment log, numbers of customers assisted, and the nature of the assists. This is illustrated in Exhibit L attached to this document. OTHER ELEMENTS From time to time during the term of the Agreement, additional related sponsorship opportunities may arise. The proposer shall work with E-470 and/or other third parties to explore the possibilities and benefits of incorporating these potential sponsorship opportunities into the program.

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6.4 Community Service Programs The Proposer shall describe their history of engaging in community service programs, identify and describe these programs, and explain how the proposer’s image and brand were incorporated into any other sponsorship programs.

7.0 SPONSORSHIP PRICE PROPOSAL The Proposer shall complete and submit the Sponsorship Price Proposal (separate document as part of the RFP) with an offer to provide the sponsorship stated in the RFP. All Proposals shall be submitted using the Sponsorship Price Proposal form provided in the RFP. A Proposal that does not include this form or a Proposal in which this form is improperly executed will be considered non-responsive and the Proposal may be rejected. E-470 will negotiate the Sponsorship Agreement with the preferred Proposer. All Sponsorship Proposals shall remain subject to acceptance by E-470 for 180 calendar days after the day of the Sponsorship Proposal opening.

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E-470 Public Highway Authority Safety Patrol RFP November 23, 2009

8.0 EVALUATION PROCESS

The Proposal evaluation committee(s) (Committee) shall be established by E-470, in its sole discretion and judgment, to review and evaluate each Proposal submitted in response to this RFP. Each member of the Committee(s) shall receive a copy of each Proposal and shall base his/her evaluation on the same criteria in order to assure that value is uniformly established. The Committee(s) shall evaluate each Proposal on its own merit without comparison to other Proposals submitted. Proposal price may not be the primary consideration for the selection of the best qualified proposals. Unless all Proposals are rejected, the Committee(s) shall rank the Proposers. E-470’s Board reserves the right to 1) accept or approve the Proposal of the highest ranked Proposer, 2) accept or approve for negotiation a Proposer other than the Proposer ranked highest by the Committee or 3) reject all of the Proposers. Prior to E-470 issuance of a Notice of Intent to award, E-470 will advise its preferred Proposer whether E-470 wishes to accept the Proposer’s offer (the Proposal) or to negotiate further the Sponsorship Agreement. The Proposals of all Proposers shall remain binding and irrevocable offers, 180 calendar days after the day of the Price Proposal opening, notwithstanding E-470’s notice to and negotiation with the preferred Proposer. If negotiations with the initial preferred Proposer are not successfully concluded, E-470 may, at is option, give a Notice of Intent to Award and commence negotiations with another Proposer.

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9.0 ORAL PRESENTATIONS

As part of the Proposal evaluation process, oral presentations may be made by the three (3) most qualified Proposers. Proposers shall be notified, in writing, by E-470 of the date and time that the Proposer will be requested to make their oral presentations. The oral presentations are scheduled for Thursday, February 25, 2010, at E-470’s office. E-470 will coordinate with the most qualified Proposers prior to February 25 to confirm specific oral presentation schedules. The order of the oral presentations shall be determined by E-470 using a random drawing system. Proposers who fail to make an oral presentation at the assigned time shall be considered nonresponsive and eliminated from further consideration by the Committee. The oral presentations shall include sufficient information to enable the Committee to evaluate the Proposer’s capability to provide the sponsorship as described in the RFP. 9.1 Presentation Content The Proposer shall address the following areas in its oral presentation:

(a) Demonstrate an understanding of the sponsorship requirements and plan for accomplishing the required sponsorship. (b) Present key project staff and provide experience on similar community service programs and/or sponsorships, length of service with the program/sponsorships, decision-making authority, for example.

9.2 Presentation Requirements The following guidelines shall govern the oral presentations:

(a) The Proposer shall be limited to 45 minutes for the presentation followed by up to 45 minutes for questions by the Committee. (b) A Microsoft PowerPoint presentation is preferred, with at least one copy of the presentation provided to E-470. (c) Wrap-up statements are disallowed unless completed within the Proposer’s for 45-minute presentation time frame. (d) Oral presentations will be recorded by the Committee.

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E-470 Public Highway Authority Safety Patrol RFP November 23, 2009

10.0 CONTRACT AWARD/EXECUTION E-470 intends to execute a sponsorship agreement to the most responsive and responsible Proposer subject to execution of an agreement substantially similar to the Sponsorship Agreement. The award may be made within 60 calendar days after completion of the evaluation of the proposals. E-470 reserves the right, at its sole discretion, to not award the Sponsorship Agreement for any reason or for no reason. The form of E-470’s previous Sponsorship Agreement is included in Exhibit A as an example only.