On-Vehicle_Advertising_(Addendum_#1_Revision).pdf

Regional Transportation District

Contracting and Procurement

1660 Blake St.

Denver, CO 80202

Request for Proposal

RFP 125DO003

ON-VEHICLE ADVERTISING

September 2, 2025

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://procurement.opengov.com/portal/rtd-denver https://procurement.opengov.com/portal/rtd-denver

Regional Transportation District

REQUEST FOR PROPOSAL

On-Vehicle Advertising

Sections

1. INTRODUCTION

2. INSTRUCTIONS TO PROPOSERS

3. GENERAL INSTRUCTIONS

4. PROPOSALS

5. AWARD PROCESS

6. LEGAL NOTICE TO PROPOSERS

7. PROPOSAL CONTENTS CHECKLIST (FORMS TO BE SUBMITTED)

8. SCOPE OF WORK SERVICES/TECHNICAL SPECIFICATIONS

Attachments:

A - 125DO003 Exhibit A - RTD Commercial Advertising Policy

B - 125DO003 Exhibit B - Bus Fleet Inventory

C - 125DO003 Exhibit C - Rail Fleet Inventory

D - 125DO003 Exhibit D - On-Vehicle Installation Guide

E - 125DO003 Exhibit E - Flatiron Flyer & Rail Map (Including FasTracks Progress)

F - 125DO003 Exhibit F - RTD Division Locations & Addresses

G - 125DO003 Exhibit G - Sample Advertising Client List

H - 125DO003 Exhibit H - Sample Monthly Billing Summary Report

I - 125DO003 Exhibit I - Sample Advertising Inventory Report

J - 125DO003 Exhibit J - Sample Advertising Revenue Report

K - 125DO003 Exhibit K - July 2025 On Vehicle Inventory Report

L - 125DO003 Exhibit L - RTD P and I Rates Pricing Form - On-Vehicle Advertising

M - 125DO003 Exhibit M - Published Advertising, P and I Rates Pricing Form - On-Vehicle

Advertising

N - 125DO003 Revenue Proposal - On-Vehicle Advertising

O - 125DO003 Scope of Work - On-Vehicle Advertising

P - 125DO003 Form of the Contract - On-Vehicle Advertising

RFP 125DO003 - On-Vehicle Advertising

1. INTRODUCTION

RTD is seeking responses from qualified respondents to provide: On-Vehicle Advertising

1.1. Summary

Contractor to provide management of sales, display, installation, maintenance, and removal of advertising on the interior and exterior of RTD's rolling stock for commercial advertising, RTD messaging, including advertising related to RTD’s, Corporate Partnership Program, media trades and public service messages.

1.2. Background

It is the policy of RTD to utilize RTD advertising space on RTD-designated vehicles, to the extent such use supports RTD’s mission and operations, in order is to maximize net revenues to

RTD. Under this revenue-sharing contract, Contractor will administer and manage RTD’s on-vehicle advertising program, which will include commercial advertising, as well as RTD messaging (including advertising related to RTD’s Corporate Partnership Program), media trades and public service messages.

1.3. Contact Information

Amelia Thompson

Procurement Specialist II

Email: amelia.thompson@rtd-denver.com

Phone: (303) 299-2231

Department:

Communications-Marketing

1.4. Timeline

RFP advertised September 2, 2025 mailto:amelia.thompson@rtd-denver.com tel:(303)299-2231

Pre-proposal briefing (Non-

Mandatory)

September 19, 2025, 10:00am

Microsoft Teams https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZmU2ZmRiMDgtYTlhMy00

NWJjLWE4MzgtOTBkYTdhZmFlYzA5%40thread

.v2/0?context=%7b%22Tid%22%3a%220518

2089-2b8a-4c82-864b-aa265b61fa57%22%2c%22Oid%22%3a%22a

9b982b8-a6f1-4866-bae3-

76e9b237251c%22%7d

Meeting ID: 265 191 044 501 8

Passcode: F7nz7CY3

Dial in by phone

+1 720-443-6193,,666271017# United States, Denver

Find a local number

Phone conference ID: 666 271 017#

Inquiry Period September 25, 2025, 2:00pm

RTD sends responses to written inquiries

October 2, 2025, 2:00pm

Proposals due October 16, 2025, 2:00pm

If necessary, oral presentations Week Of October 27, 2025

In an online meeting.

RTD anticipates making final selection.

November 6, 2025 https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZmU2ZmRiMDgtYTlhMy00NWJjLWE4MzgtOTBkYTdhZmFlYzA5%40thread.v2/0?context=%7b%22Tid%22%3a%2205182089-2b8a-4c82-864b-aa265b61fa57%22%2c%22Oid%22%3a%22a9b982b8-a6f1-4866-bae3-76e9b237251c%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZmU2ZmRiMDgtYTlhMy00NWJjLWE4MzgtOTBkYTdhZmFlYzA5%40thread.v2/0?context=%7b%22Tid%22%3a%2205182089-2b8a-4c82-864b-aa265b61fa57%22%2c%22Oid%22%3a%22a9b982b8-a6f1-4866-bae3-76e9b237251c%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZmU2ZmRiMDgtYTlhMy00NWJjLWE4MzgtOTBkYTdhZmFlYzA5%40thread.v2/0?context=%7b%22Tid%22%3a%2205182089-2b8a-4c82-864b-aa265b61fa57%22%2c%22Oid%22%3a%22a9b982b8-a6f1-4866-bae3-76e9b237251c%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZmU2ZmRiMDgtYTlhMy00NWJjLWE4MzgtOTBkYTdhZmFlYzA5%40thread.v2/0?context=%7b%22Tid%22%3a%2205182089-2b8a-4c82-864b-aa265b61fa57%22%2c%22Oid%22%3a%22a9b982b8-a6f1-4866-bae3-76e9b237251c%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZmU2ZmRiMDgtYTlhMy00NWJjLWE4MzgtOTBkYTdhZmFlYzA5%40thread.v2/0?context=%7b%22Tid%22%3a%2205182089-2b8a-4c82-864b-aa265b61fa57%22%2c%22Oid%22%3a%22a9b982b8-a6f1-4866-bae3-76e9b237251c%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZmU2ZmRiMDgtYTlhMy00NWJjLWE4MzgtOTBkYTdhZmFlYzA5%40thread.v2/0?context=%7b%22Tid%22%3a%2205182089-2b8a-4c82-864b-aa265b61fa57%22%2c%22Oid%22%3a%22a9b982b8-a6f1-4866-bae3-76e9b237251c%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZmU2ZmRiMDgtYTlhMy00NWJjLWE4MzgtOTBkYTdhZmFlYzA5%40thread.v2/0?context=%7b%22Tid%22%3a%2205182089-2b8a-4c82-864b-aa265b61fa57%22%2c%22Oid%22%3a%22a9b982b8-a6f1-4866-bae3-76e9b237251c%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZmU2ZmRiMDgtYTlhMy00NWJjLWE4MzgtOTBkYTdhZmFlYzA5%40thread.v2/0?context=%7b%22Tid%22%3a%2205182089-2b8a-4c82-864b-aa265b61fa57%22%2c%22Oid%22%3a%22a9b982b8-a6f1-4866-bae3-76e9b237251c%22%7d

2. INSTRUCTIONS TO PROPOSERS

2.1. Work

RTD will accept proposals from qualified companies until 2:00 pm on Thursday, October 16, 2025 via RTD's online procurement portal, OpenGov. This Request for Proposal (“RFP”) is for

On-Vehicle Advertising, per the enclosed specifications and requirements.

2.2. Cost Type

Revenue Contract.

2.3. Award of Contract

Award of a Contract from this RFP will be based upon Best Value competitive proposal procedures.

2.4. Period of Performance

Subject to the Termination provision of the Contract, the first year of the Period of Performance will commence as of the Effective Date and end December 31, 2026. All other Contract years will be based on the 12-month calendar year starting January 1. All Advertising Contracts sold by Contractor to Advertising Customers must have a start of December 1, 2025 or after.

2.5. Options for this Contract

This Contract has the potential for two (2) 1-year options to extend the Period of Performance.

2.6. Disadvantaged and Small Business Requirement for Contracts with No DBE/SBE Goal

RTD has not specified a DBE/SBE participation goal for the Work to be performed under the

Contract. However, RTD encourages and expects proposers to pursue subcontracting, mentoring, joint venturing, teaming and partnering opportunities with DBE/SBE firms in the ordinary course of its business/teaming strategies. To date, RTD has achieved greater than

20% DBE/SBE participation on its overall FasTracks DBE/SBE Program. Proposers are encouraged and expected to create a level playing field to the maximum practicable extent consistent with the objectives and requirements of the RTD DBE/SBE program based on federal regulations codified at 49 CFR Part 26 and RTD’s SBE/DBE Program Policy. Therefore, proposers are requested to document their efforts to include DBEs/SBEs in this contracting opportunity, if any. Proposers are also requested to explain in their executive summary how they intend to utilize and/or will encourage subcontracting, mentoring, joint venturing and/or partnering opportunities with DBEs/SBEs for this project. Furthermore, proposers are to submit a general workforce breakdown for their company (including affiliates) and the project specifically. RTD is interested in your strategies and approach to seeking diversity in the proposer team to include

DBEs/SBEs, minorities and women in all phases of subcontracting, supplier and workforce opportunities associated with the Contract. RTD is an equal opportunity employer and also operates a successful Small Business Opportunity Office. Therefore, RTD expects proposers to demonstrate the same meaningful level of commitment to diversity from businesses that participate in RTD’s procurement process.

2.7. Proposals Valid

Proposals shall be valid for a duration of no less than ninety (90) days from proposal due date.

3. GENERAL INSTRUCTIONS

3.1. General

A. Each proposer is solely responsible for submitting any necessary forms and certifications that may be required by the RFP. Enclosed is a copy of the Contract contemplated for award substantially in the form to be executed.

B. A list of all holders (“followers”) of the RFP is available for view and/or print on the online procurement portal. The list is obtainable from the RFP advertisement date through the RFP close date.

3.2. Option(s)

If RTD has included the potential for options on this Contract, proposals should be adjusted to cover such option(s). The option quantities or periods contained in the proposal shall be evaluated in order to determine Contract award. When options have not been evaluated as part of the award, the exercise of such options will be considered “sole source” procurements. RTD will evaluate proposals for award purposes by adding the total proposed price for all options to the total proposed price for the initial term of the Contract. Award of a Contract containing options shall not obligate RTD to exercise such option(s).

3.3. Addenda to RFP

In the event that it becomes necessary to revise any part of this RFP, or if additional information is necessary to enable potential proposers to make an adequate interpretation of the provisions of this RFP, an addendum to the RFP will be provided to each recipient of this

RFP through RTD's online procurement portal.

3.4. Inquiries

Questions about RTD and this RFP shall be directed to Amelia Thompson, Procurement

Specialist II, through RTD’s online procurement portal.

A. From the issuance date of this RFP until RTD selects a proposal for award, Amelia

Thompson, Procurement Specialist II, is the sole point of contact for RTD and RTD’s project team members concerning this RFP. (In this RFP and the Contract Documents, this point of contact may be referred to as the Contract Administrator, Contracting

Officer, Purchasing Agent, Buyer, or the like.) Any violation of this condition may be cause for RTD to reject the offending proposer’s proposal. If RTD later discovers that the proposer has engaged in any violations of this condition, RTD may reject the offending proposer’s proposal or rescind its Contract award. Proposers must agree not to distribute any part of their proposals beyond RTD. A proposer that shares information contained in its proposal with other RTD personnel, RTD project team members, RTD board members, and/or competing proposer personnel may be disqualified.

B. Proposers’ questions must be submitted through RTD’s online procurement portal. All requests for clarifications and/or changes to the form of the Contract, including suggested changes to the Terms and Conditions, must be made during the Inquiry

Period. RTD has no obligation to respond to questions or requests for clarifications or amendments that are not submitted through RTD’s online procurement portal, nor to those submitted outside of the Inquiry Period. Except as provided below, RTD’s responses to all inquiries properly submitted will be answered in the form of an addendum that will be provided to all recipients of this RFP.

C. If the RFP Schedule provides for a pre-proposal briefing (“Briefing”), RTD will not respond to any questions regarding the RFP until the Briefing. Firms that have received this RFP, whether present for the Briefing or not, will receive: (1) a copy of the minutes;

(2) answers to all questions presented; (3) a listing of all recipients of the RFP (current to date of Briefing), and (4) a copy of the sign-in sheet from the Briefing.

If a Respondent needs assistance using the online procurement portal, Respondents may access the Help Center for vendor training guides provided by OpenGov ("Software

Administrator"). Respondents may also contact the Software Administrator using the real-time chat function on the online procurement portal (located in lower right-hand corner of the screen), or via email at procurement-support@opengov.com for support.

3.5. Submission & Withdrawal

Respondents shall register on RTD’s online procurement portal. Once registered, Respondents may view and click "Follow" to be a Prospective Respondent for this RFP and will appear on the

Follower’s list. Respondents that fail to Follow this project will not receive automated Addenda notifications, nor will they be able to submit a Response in the online procurement portal, and therefore will be unable to participate, nor be considered for this RFP. Respondents must click

“Draft Response” to properly begin and submit a Response via the online procurement portal.

RTD will accept responses to this RFP electronically via the online procurement portal until 2:00 pm on Thursday, October 16, 2025. Responses received after the scheduled due date and time for submission will not be accepted. Responses submitted in any other format other than via the online procurement portal, including but not limited to, hard copy (mailed or hand delivered), facsimile, or emailed submittals, will not be accepted.

RTD and the Software Administrator are not responsible for untimely submissions due to personal or company internet or hardware limitations, settings or restrictions, internet speed, power outage, network connection, or use of a malfunctioning electronic device, or the like.

Respondents are solely responsible for the capability of their computer system while responding to this RFP and for the stability of their internet service. Failure of the Respondent to successfully submit an electronic Response before the deadline indicated herein shall be at the

Respondent’s sole risk, and RTD will not accept late and/or improperly submitted Responses.

Once file(s) have been uploaded and the Submission Status shows as “Submitted,” a https://help.procurement.opengov.com/en/articles/5815468-video-guides-opengov-procurement-vendor-training mailto:procurement-support@opengov.com submission is complete. At that point, the Respondent will also receive an email confirmation from the online procurement portal. Respondents may withdraw their submittal electronically via the online procurement portal at any time prior to the scheduled due date and time for submission.

Proposals that are late will not be accepted.

4. PROPOSALS

4.1. Submission Requirements

A. Any alteration, insertion, or erasure by the proposer in the form of the RFP documents as originally prepared by RTD shall render the accompanying proposal non-responsive and may constitute cause for rejection. Conditional proposals or those that take exception to the RFP documents or Scope of Work may be treated as non-responsive.

B. Proposal Submission. RTD’s Procurement Specialist II must receive through RTD’s online procurement portal all required documents in a format that is in compliance with The

Rehabilitation Act of 1973, 29 USC 701, Section 508, which requires that the document be readable by all, including those with disabilities. Proposal submittal requirements are located in the PROPOSAL CONTENTS CHECKLIST (FORMS TO BE SUBMITTED).

Your proposal must be received no later than the time and date set forth in the RFP

Schedule.

C. Signatures. Proposals must be signed by a duly authorized official of the firm. Proposals submitted by consortiums, joint ventures, or teams, although permitted and encouraged, will not be considered responsive unless it is established that all contractual responsibility rests solely with one contractor or one legal entity which shall not be a subsidiary or affiliate with limited resources. Each submittal should indicate the entity responsible for execution on behalf of the consortium, joint venture, or team.

D. Proposal Format.

1. Technical proposals should not exceed 30 pages. (One “page” is defined as one standard 8½ x 11-inch sheet of paper in Times New Roman, in no less than 12-point font.) All charts, graphic displays, etc., must be of readable size. Foldouts to illustrate particular items are permitted but will be included in page count. Cover letters should be no longer than two pages.

2. Submission of standard promotional material and corporate literature not specifically requested by RTD is discouraged. Any such information may not be fully considered in the evaluation.

4.2. Technical Proposal

In addition to any information required elsewhere in this RFP and in the Scope of Work, all proposals shall contain and will be evaluated based on the following sections:

A. A cover letter (maximum two pages) briefly describing the firm or firms (including subcontractors, if any) on the proposed project team, referencing the RFP by name and number.

https://procurement.opengov.com/portal/rtd-denver/projects/162698?section=undefined

B. A detailed technical proposal (maximum 30 pages) in narrative form describing the proposer and proposed team. Proposals shall include the following items in the order listed below and shall not exceed the page limit indicated above, excluding attachments.

Items that will not be counted in the page limit are: the firm’s cover letter, résumés, and certifications. Proposals shall address the following:

C. Previous experience of the proposed team (including subcontractors) and key personnel in performing on projects of a similar nature and scope. A demonstrated ability to perform under the Contract.

D. Company Information

1. Address of headquarters and location(s)

2. Main phone number

3. Website

4. Legal entity type (ex. corporation, partnership, sole proprietor, other)

5. State or country of incorporation / registration

6. If you are a subsidiary of any other company, please specify your parent company

E. Company Point of Contact

1. Full name

2. Title

3. Phone number (including country code + area code)

4. Email address

F. Company Background

1. How many years has your company been in business?

2. Describe the key point of difference between your company and its competitors

3. Total number of active accounts / customers by year for the last three years

4. Identify by name a minimum of three accounts / customers

G. Supplemental project information appendix, including:

1. Description, including name of client, of at least two recent projects that demonstrate successful completion of projects of similar nature and scope. Clients may be contacted for references.

2. An organizational chart for each firm on the proposed team and résumés for all staff listed on the organizational chart.

3. Résumés of all proposed key personnel and the availability during Contract performance periods of all key personnel.

H. Completed forms and certifications required by the RFP.

I. One “Open Records” copy of your technical proposal per the Colorado Open Records

Act, C.R.S. § 24-72-200.1 et seq. (as amended), including the redaction of any confidential or proprietary information. Submit as the Open Records Technical Proposal in the Proposal Contents Checklist (FORMS TO BE COMPLETED).

4.3. Contract Revenue Proposals

Each proposer shall submit the following two alternative revenue proposals (“Revenue

Proposals”):

1. “Revenue Proposal – Window Advertising Included” (Exhibit Q) – this revenue proposal will be based on all Advertising Space, as defined in the Scope of Work (Exhibit O) and further described in the On-Vehicle Installation Guide (Exhibit D).

2. “Revenue Proposal – Window Advertising Excluded” (Exhibit R) – this revenue proposal will be based on all Advertising Space, as defined in the Scope of Work (Exhibit O) and further described in the On-Vehicle Installation Guide (Exhibit D), EXCEPT that all Advertising

Space that covers vehicle windows is excluded from the Scope of Work and not factored into advertising revenue. See the On-Vehicle Installation Guide (Exhibit D) for illustrations of Advertising Space that covers vehicle windows.

It is anticipated that RTD’s Board of Directors will consider changes to RTD’s System Advertising

Policy at its September 30, 2025 meeting. Therefore, RTD requires that proposers submit both a “Revenue Proposal-Window Advertising Included” and a “Revenue Proposal-Window

Advertising Excluded”. RTD will either evaluate all proposers’ Revenue Proposal-Window

Advertising Included” or all proposers’ “Revenue Proposal-Window Advertising Excluded” consistent with RTD’s System Advertising Policy.

For each of the two Revenue Proposals, proposers shall submit one copy only of the information required below:

A. Revenue proposals must clearly identify revenue and pricing proposed for the type of

Contract to be awarded. If there are option years available, include option pricing and revenue on the revenue proposal. Revenue Proposals must include the following (the descriptions and requirements of which are set forth in the Statement of Contract

Revenue in the form of Contract (Exhibit P), and the Revenue Proposal Forms attached as Exhibits Q and R):

1. Revenue Proposal Forms, which must include:

a. Proposer’s election to pay the MAG on a monthly basis OR up-front annually;

b. Minimum Annual Guarantee (MAG) for each True-Up Period (as defined in the

Statement of Revenue Cost section of the form of Contract). See Revenue

Proposals for required minimum MAG thresholds.

c. The percentage of Net Revenue to be paid to RTD for each True-Up Period;

d. Any Added Value (advertising media, production, printing or design) to be offered above and beyond the revenue streams described in the Scope of Work

(SOW).

2. Proposer’s RTD Production and Installation Rate Form attached as Exhibit L

B. All supporting documentation for the revenue proposal, including, without limitation:

1. Information demonstrating to RTD that the proposer has the necessary financial resources to perform the Contract. This information should include:

a. Financial statement for the last three years (or since the entity commenced operations, if less than three years). The most recent financial statements must include either an Auditor’s Report Letter or an Accountant’s Review Letter. The financial statements shall include Balance Sheets, Statements of Income and

Stockholder’s Equity, and a Statement of Change in Financial Position. If the proposer is a parent or subsidiary of another entity, consolidated financial statements are also required.

b. Un-audited balance sheets of the proposer and un-audited balance sheets of proposer and its subsidiaries, if any, for interim quarterly periods since the close of its last fiscal year.

2. Names of banks or other financial institutions with which the proposer conducts business; and

3. Letter of credit commitments (if any).

C. One “Open Records” copy of each of your revenue proposals per the Colorado Open

Records Act, C.R.S. § 24-72-200.1 et seq. (as amended), including the redaction of any confidential or proprietary information. To do this you will have to export the Revenue

Submittal Forms, redact sensitive data, and then submit them as the Open Records

Revenue Proposals in the Proposal Contents Checklist (FORMS TO BE COMPLETED).

4.4. Only One Proposal Accepted

RTD will accept only one proposal for the Work from any one proposer. This includes proposals that may be submitted under different names by one firm or corporation.

4.5. Conflicting Information from Proposer

The information and/or pricing provided by the proposer in the required proposal will control in the event of a conflict with any information and/or pricing the proposer types into RTD’s online procurement portal when submitting the proposal.

5. AWARD PROCESS

A. Notification to Successful Proposer. Award decisions of RTD shall be reduced to writing by the Director of Contracting and Procurement, or delegate, and shall be final. RTD will notify the successful proposer, if any, by sending a notice of intent to award, which is subject to any required RTD approval. Following RTD approval, the Procurement

Specialist II will initiate the Contract signature process and then issue the notice to proceed with the executed Contract.

B. Notifications to Unsuccessful Proposers.

1. Pre- and Post-Award Notices of Exclusion. The Procurement Specialist II shall notify unsuccessful proposers through RTD’s online procurement portal of exclusion from award. Requests for a debriefing must be submitted to the Procurement Specialist II within three days of receipt of such notice. Debriefings requested for and provided prior to Contract award shall address only the requesting proposer’s proposal; post-award debriefings may address all proposals submitted. Only one pre-award or post-award debriefing shall be provided per proposer.

2. Protests. Proposers must submit protests related to this RFP in writing to

Procurement Specialist II pursuant to the procedures set forth in RTD's procurement standards manual. Copies of RTD's protest procedures are available upon request to Procurement Specialist II. Proposers must exhaust all administrative remedies prescribed by RTD’s protest procedures before proceeding to court.

C. Evaluation Criteria. Proposals will be evaluated according to the following criteria, listed in descending order of importance:

No. Evaluation Criteria Scoring Method Weight (Points)

1. Experience of the firm(s) and

Individuals proposed for Key

Positions and Disciplines.

0-10 Points 30 (30% of Total)

2. Understanding/Approach and

Organization for Implementation and

Evaluation of Published Rates for

Advertising

0-10 Points 25 (25% of Total)

3. Revenue Proposal (including option periods) Points Based 25

(25% of Total)

4. Evaluation of Production and

Installation Rates provided to RTD and it’s Media Trade Partners

0-10 Points 20 (20% of Total)

6. LEGAL NOTICE TO PROPOSERS

6.1. Background Investigations

Any proposer awarded a Contract with RTD shall be required to perform background investigations on all employees selected to perform under this Contract and shall be required to certify to RTD that it has performed and evaluated such background investigations.

6.2. Organizational Conflict of Interest

A. The proposer shall review the attached Organizational Conflicts of Interest Disclosure

Requirements and submit its Organizational Conflicts of Interest Certification with the proposal.

B. If the proposer prepared or assisted RTD in the preparation of a statement of work, work program, or system specifications to be used in a competitive procurement by

RTD, the proposer will be ineligible to supply the same in connection with this Contract.

The proposer may otherwise compete for RTD business on an equal basis with other parties.

C. Except as provided above, if RTD determines that a potential conflict exists, the proposer shall be excluded from award unless the conflict can be avoided or otherwise resolved through the inclusion of a special Contract provision or other appropriate means.

6.3. Insurance and Bond Requirements

Proposer's attention is directed to the section entitled Insurance and Bond Requirements herein.

It is highly recommended that proposers confer with their insurance carriers or brokers in advance of proposal submission to determine the availability of bonds, insurance certificates and any endorsements. The cost of such insurance and bonds shall be included in the proposal.

6.4. News Releases

RTD’s written approval is required prior to any communication with the press or any public disclosure relating to this RFP or any subsequent awards.

6.5. Pre-Award Audit

RTD reserves the right to conduct a pre-award audit to verify labor rates, overhead rates, etc.

should RTD determine that such an audit is required prior to negotiation or award of a Contract.

6.6. Cost of Proposal Preparation

RTD shall not reimburse proposers for costs incurred for preparation of proposals or required documentation.

6.7. Materials Submitted

All materials submitted shall become the property of RTD and will not be returned to the proposer.

6.8. Confidentiality

RTD is a public entity subject to the provisions of the Colorado Open Records Act, C.R.S. § 24-

72-200.1 et seq. (“CORA”), and all materials submitted with this RFP, with the exception of trade secrets, privileged information, and confidential commercial, financial, geological, or geophysical data pursuant to C.R.S. § 24-72-204(3)(a)(IV), may become public records subject to inspection by the public at any time after the Contract is executed. Therefore, any confidential or proprietary information that the proposer discloses to RTD with respect to this

RFP must be clearly designated as confidential or proprietary at the time of disclosure by the proposer to RTD. RTD shall not disclose properly designated information unless such information is required to be disclosed by law or court order. In the event of a legal challenge to the confidentiality of records so designated by the proposer, RTD shall make reasonable efforts to notify the proposer prior to disclosing any such information, and in some cases may tender to the proposer the defense of any action filed. By submitting a proposal under this RFP, the proposer agrees to accept such tender of defense and in all cases assumes exclusive responsibility for defending its position as to the confidentiality of the requested information.

RTD is not obligated to assist in such defense, and cannot and does not guarantee that the confidentiality of records so designated will be upheld by a reviewing court. If the proposer fails to submit a copy of its redacted proposal that may be released under CORA, the proposer acknowledges that RTD has the authority to disclose, and may disclose in its discretion, any information contained in the proposal in response to a CORA request.

6.9. Rights Reserved to RTD

A. All proposers are notified that the execution of a Contract pursuant to this RFP is dependent upon negotiation of a mutually acceptable Contract with the successful proposer(s) and subsequent appropriation by RTD’s Board of Directors of the necessary funds. Successful proposers must be prepared to execute the Contract (as may be amended by the issuance of Addenda) that is provided with this RFP. RTD has no obligation to accept requested changes to the form of the Contract terms beyond the Inquiry Period, and no changes will be made after award to the successful proposer(s) (other than in respect of typographical errors). If a proposer does not submit any request changes, the proposer will be deemed to have accepted the terms, conditions, and requirements of this solicitation.

Requested changes, including additional terms, conditions, and agreements

(such as license agreements, master services agreements, and user agreements), must be submitted with proposals. At RTD’s sole discretion, RTD may deny any requested changes submitted after the deadline for proposal submission. Requested changes must be specific (including, as applicable, RFP section reference, reason for requested change and proposed revised language) and clearly identified in a proposal. RTD will not accept blanket exceptions to any or all terms, conditions or requirements of this solicitation to be negotiated at a later date. At RTD’s sole discretion, RTD may deny requested changes that are embedded by hyperlink or cited by reference in a proposal and related documents. FAILURE TO ACCEPT THE

TERMS AND CONDITIONS IN THIS SOLICITATION MAY RESULT IN A

PROPOSER BEING DEEMED NON-RESPONSIVE.

B. It is the intent of RTD to make an award within 60 days from the proposal due date;

however, all proposals shall be valid for no less than ninety (90) days.

C. RTD reserves the right to reject all offers and re-solicit or cancel this RFP if deemed by

RTD to be in its best interest.

D. RTD reserves the right to enter into a Contract with any proposer based upon the initial proposal or on the basis of a best and final offer without conducting oral discussions.

6.10. Prohibited Interests

A. No employee of RTD or any member of its governing body shall have any personal or financial interest, direct or indirect, in this Contract or any contract executed subsequently in connection with this Contract during his or her tenure or for one year thereafter. No director, officer, employee, or agent of RTD shall be interested in any contract or transaction with RTD except in his or her official representative capacity.

B. No member of or delegate to Congress, or resident commissioner, shall be admitted to any share or part of any Contract awarded, or to any benefit arising from it.

6.11. Competition in Subcontracting

Proposers shall select subcontractors (including suppliers) on a competitive basis to the maximum practicable extent consistent with the objectives and requirements of any Contract awarded.

6.12. Personnel Availability

By submitting its proposal, the proposer certifies that it and each of its subcontractors possess an adequate supply of workers qualified to perform the work specified within the Contract schedule; that there is no existing or impending dispute between it and any labor organization;

and that it is prepared to comply fully with prevailing wage requirements, minimum wages, maximum hours of work, and equal opportunity provisions contained in the Contract Terms and

Conditions.

7. PROPOSAL CONTENTS CHECKLIST (FORMS TO BE

SUBMITTED)

Note to Respondents: In order to download the submittal forms in the "Forms to be

Completed and Submittal Requirements section," Respondents must download them directly from the online procurement portal.

Please only include cost in designated "cost" sections, or cost table if provided. Any cost information submitted or duplicated in other sections may result in response disqualification.

7.1. In addition to any information required elsewhere in this Solicitation and in the Scope of Work, all responses shall contain and will be evaluated based on the following sections:

7.1.1. Name and Title of Respondent’s Authorized Official*

The following questions are prepared in electronic format, and the Respondent is required to respond in this format. All required certifications, documentation, and response information below shall be answered and provided by an authorized official with binding authority.

Electronic selections and confirmations shall be as binding as a signature from the authorized official submitting this response on behalf of the Respondent.

Please type the full name and title of the authorized official electronically submitting this response.

*Response required

7.1.2. On behalf of my organization, I certify that I have read, understood, and agree to be bound to the terms in the General Instructions, Solicitation Instructions, Award Process, and Legal Notice in this solicitation, and that I am authorized to submit this response on behalf of my organization.*

☐ Please confirm

*Response required

7.1.3. TECHNICAL PROPOSAL*

Submit your Technical Proposal per the instructions in the solicitation.

DO NOT INCLUDE ANY REVENUE PROPOSAL INFORMATION IN YOUR

TECHNICAL PROPOSAL OR IT MAY BE DEEMED NON-RESPONSIVE.

*Response required

7.1.4. Open Records Copy of Technical Proposal

Submit your Open Records Copy of Technical Proposal per the instructions in the solicitation.

DO NOT INCLUDE ANY REVENUE PROPOSAL INFORMATION IN YOUR

TECHNICAL PROPOSAL OR IT MAY BE DEEMED NON-RESPONSIVE.

7.1.5. Revenue Proposal – Window Advertising Included*

Submit your Revenue Proposal – Window Advertising Included per the instructions in the solicitation.

THIS SECTION IS FOR REVENUE PROPOSAL INFORMATION ONLY. PLEASE

DO NOT INCLUDE ANY ADDITIONAL INFORMATION HERE.

*Response required

7.1.6. Revenue Proposal – Window Advertising Excluded*

Submit your Revenue Proposal – Window Advertising Excluded per the instructions in the solicitation.

THIS SECTION IS FOR REVENUE PROPOSAL INFORMATION ONLY. PLEASE

DO NOT INCLUDE ANY ADDITIONAL INFORMATION HERE.

*Response required

7.1.7. Open Records Copy of Revenue Proposals

Submit your Open Records Copy of Revenue Proposals per the instructions in the solicitation.

7.1.8. RTD Production and Installation Rate Form*

Complete and submit the RTD Production and Installation Rate Pricing Form attached as Exhibit

L.

*Response required

7.1.9. ORGANIZATIONAL CONFLICT OF INTEREST DISCLOSURE REQUIREMENTS*

A. Organizational conflict of interest means that, because of other activities or relationships with other persons, a person is unable or potentially unable to render impartial assistance or advice to RTD, or the person's objectivity in performing the Work is or might be otherwise impaired, or a person has an unfair competitive advantage.

B. Each firm responding to the Solicitation shall provide the statement described in paragraph (c). This requirement will apply individually to any of the firm’s consultants or lower-tier subcontractors that also furnish Work in performance of the Contract to be awarded.

C. The statement must contain the following:

1. Name of the firm and the number of the Solicitation in question.

2. The name, address, telephone number, and federal taxpayer identification number, if applicable, of the firm.

3. A description of the nature of the Work rendered by or to be rendered on the

Contract or related to the Contract.

4. A statement of any past (within the past 12 months), present, or currently planned financial, contractual, organizational, or other interests relating to the performance of the Contract. For contractual interests, such statement must include the name, address, and telephone number of the client or client(s), a description of the services rendered to the previous client(s), and the name of a responsible officer or employee of the firm who is knowledgeable about the services rendered to each client, if, in the 12 months preceding the date of the statement, services were rendered to RTD or any other client respecting the same subject matter of the

Solicitation or directly relating to such subject matter. The client and contract number under which the services were rendered must also be included, if applicable.

For financial interests, the statement must include the nature and extent of the interest and any entity or entities involved in the financial relationship. For these and any other interests, enough information must be provided to allow a meaningful evaluation of the potential effect of the interest on the performance of the Contract.

5. A statement that no actual or potential conflict of interest or unfair competitive advantage exists with respect to the Work to be provided in connection with the

Contract or that any actual or potential conflict of interest or unfair competitive advantage that does or may exist with respect to the Contract or related to the

Contract has been communicated as part of the statement required by section (c).

D. Failure of a firm to provide the required statement may result in the firm being determined ineligible for award. Misrepresentation or failure to report any fact may result in the assessment of penalties associated with false statements or such other provisions provided for by law or regulation.

ORGANIZATIONAL CONFLICT OF INTEREST CERTIFICATION

If the Respondent is aware of information bearing on whether a potential conflict may exist, the

Respondent shall provide a disclosure statement describing this information as described in the

Disclosure Requirements above.

☐ The Respondent IS aware of any information bearing on the existence of any potential organizational conflict of interest as described in the Disclosure Requirements.

☐ The Respondent IS NOT aware of any information bearing on the existence of any potential organizational conflict of interest as described in the Disclosure Requirements.

*Response required

7.1.10. Current W9 *

Please download the below documents, complete, and upload.

• 02.12_W9_updated_1822.pdf https://procure-now.s3.us-west-2.amazonaws.com/shared-sections/production/36/2715a66a-0788-44f4-923d-4592ac83cb02_02.12_W9_updated_1822.pdf?X-Amz-Algorithm=AWS4-HMAC-SHA256&X-Amz-Content-Sha256=UNSIGNED-PAYLOAD&X-Amz-Credential=ASIA47RIURE4OWRNN5OB%2F20250918%2Fus-west-2%2Fs3%2Faws4_request&X-Amz-Date=20250918T233948Z&X-Amz-Expires=72000&X-Amz-Security-Token=IQoJb3JpZ2luX2VjEE8aCXVzLXdlc3QtMiJIMEYCIQC5bAOc0pShIEwe4Dz3AWi7PplgIqqQTvu4GSeSwPvy9AIhAI3LeqH9OYUXFgnJWqPTtwfagG8xJ6hsGFMH7rd4D2WFKpMFCMf%2F%2F%2F%2F%2F%2F%2F%2F%2F%2FwEQAhoMODkyMzY0Njg3NjcyIgyFqw5EZXF2lI1oBvIq5wS34B4jFXORJQ3QnlCK05wmU%2B7wYZAw%2FrS8mQt%2BppW7J%2FqIBsFexACfAoKgoQAbuZG4oK0SiO8FWqGVgKDIRl3Mw9huS2IsemeDwB24eJzF0BHHqX0I4Vae7h5qx97rF2e5XTMFl7GesivYE7MagChvoIIu99Al6iF0VPslpc8F3kev3leNclVBXhDX2B3qGUQEmQJxWx7d%2BXdf%2BjpHlnZt2V9rUe5orE9rJWvVaAH8fw2MUi0gCd3zJaylBMIX6UkWDj4dW6xeAXSIoe2PSyBJosxTc3LxDW69mqMDCpThBgHA%2BvVyZ1LomWvbWy5veUncqYfMB3OUfj8g2Y6XjWnyuxQiIIsloe%2BntEAtS%2BRSR0jW1CRjsPRI8vW9K%2BU2HUci%2FUzTk3w3KhDB2MaAUq%2BdpdBKslsSb92marS2QoSdxF%2BSl4pHyZz%2Ff3gEK00IJJsCdFayama8TgCHmo%2BH9SNCAc9yANVe3wlH38YrR2LSo5X4U2sWqwBWuuSUQR7LbEw6jFqnzwvTqXh5qKI3bpgQXpwfAvUKAHWj6bicvhx9h9ECCtNtBOS58s5njJ%2F1%2B6uFpwFxzacWjdYR9RO0ROoxK4OY1HbzU%2FULGQT5fPGDyE0oS2MCmo663JqBLDDMX0UbIOGJWo1f0WzDFtBaZh9APY1EE%2Bx0CAzqhAKBGVOqkYoGPHeFJkKBrXIdvJkMROSuSHTD1P0ZRaEk%2FkNdyozDOt2J0%2BQ7RkvgXB1sQl262N2fLrDj0pxogO%2BE0o%2Bz9cA19QZvnS%2Bt832KOfV9QjX8E86IhDBg1%2F6IR%2Fg7JL4%2FCz6Mq2xnoUww6YqyxgY6mgE2qmqWNh%2BWXVNkhY7PXMbJxteqpEmk%2B7m14Y2DOLCZlStnlzjF7mkynMTtAU3Y%2FhpvJMwIXmu06QNB3GX%2BHsQloSYx2%2BCJKtxEX4%2BWaSgMV7ZcbZGE9wCW%2BxWBdRrje8xv72kKqnenNgRGsgq445vlgPUw0A20pXZbPTbnWvOliRg0Q3a%2F3zT1tDfLNlY9ja7h8eB2sxVWw%2Bfp&X-Amz-Signature=c763aea20a87543c555ec662b879ecbf4aded5a3310323a2a207382d0dab3097&X-Amz-SignedHeaders=host&response-content-disposition=attachment%3B%20filename%3D%2202.12_W9_updated_1822.pdf%22&x-id=GetObject

*Response required

7.1.11. KEY PERSONNEL*

Please download the below documents, complete, and upload.

• Key_Personnel.docx

*Response required

7.1.12. BACKGROUND INVESTIGATION CERTIFICATION*

Please download the below documents, complete, and upload.

• 04.12.01_Background_Investi...

*Response required

7.1.13. The Respondent understands that any condition stated above, clarification of the above, or information submitted on or with this form other than requested will render the quotation non-responsive.*

☐ Please confirm

*Response required https://procure-now.s3.us-west-2.amazonaws.com/shared-sections/production/36/387664a0-f1d1-4e62-b529-fc5284b50777_Key_Personnel.docx?X-Amz-Algorithm=AWS4-HMAC-SHA256&X-Amz-Content-Sha256=UNSIGNED-PAYLOAD&X-Amz-Credential=ASIA47RIURE4OWRNN5OB%2F20250918%2Fus-west-2%2Fs3%2Faws4_request&X-Amz-Date=20250918T233948Z&X-Amz-Expires=72000&X-Amz-Security-Token=IQoJb3JpZ2luX2VjEE8aCXVzLXdlc3QtMiJIMEYCIQC5bAOc0pShIEwe4Dz3AWi7PplgIqqQTvu4GSeSwPvy9AIhAI3LeqH9OYUXFgnJWqPTtwfagG8xJ6hsGFMH7rd4D2WFKpMFCMf%2F%2F%2F%2F%2F%2F%2F%2F%2F%2FwEQAhoMODkyMzY0Njg3NjcyIgyFqw5EZXF2lI1oBvIq5wS34B4jFXORJQ3QnlCK05wmU%2B7wYZAw%2FrS8mQt%2BppW7J%2FqIBsFexACfAoKgoQAbuZG4oK0SiO8FWqGVgKDIRl3Mw9huS2IsemeDwB24eJzF0BHHqX0I4Vae7h5qx97rF2e5XTMFl7GesivYE7MagChvoIIu99Al6iF0VPslpc8F3kev3leNclVBXhDX2B3qGUQEmQJxWx7d%2BXdf%2BjpHlnZt2V9rUe5orE9rJWvVaAH8fw2MUi0gCd3zJaylBMIX6UkWDj4dW6xeAXSIoe2PSyBJosxTc3LxDW69mqMDCpThBgHA%2BvVyZ1LomWvbWy5veUncqYfMB3OUfj8g2Y6XjWnyuxQiIIsloe%2BntEAtS%2BRSR0jW1CRjsPRI8vW9K%2BU2HUci%2FUzTk3w3KhDB2MaAUq%2BdpdBKslsSb92marS2QoSdxF%2BSl4pHyZz%2Ff3gEK00IJJsCdFayama8TgCHmo%2BH9SNCAc9yANVe3wlH38YrR2LSo5X4U2sWqwBWuuSUQR7LbEw6jFqnzwvTqXh5qKI3bpgQXpwfAvUKAHWj6bicvhx9h9ECCtNtBOS58s5njJ%2F1%2B6uFpwFxzacWjdYR9RO0ROoxK4OY1HbzU%2FULGQT5fPGDyE0oS2MCmo663JqBLDDMX0UbIOGJWo1f0WzDFtBaZh9APY1EE%2Bx0CAzqhAKBGVOqkYoGPHeFJkKBrXIdvJkMROSuSHTD1P0ZRaEk%2FkNdyozDOt2J0%2BQ7RkvgXB1sQl262N2fLrDj0pxogO%2BE0o%2Bz9cA19QZvnS%2Bt832KOfV9QjX8E86IhDBg1%2F6IR%2Fg7JL4%2FCz6Mq2xnoUww6YqyxgY6mgE2qmqWNh%2BWXVNkhY7PXMbJxteqpEmk%2B7m14Y2DOLCZlStnlzjF7mkynMTtAU3Y%2FhpvJMwIXmu06QNB3GX%2BHsQloSYx2%2BCJKtxEX4%2BWaSgMV7ZcbZGE9wCW%2BxWBdRrje8xv72kKqnenNgRGsgq445vlgPUw0A20pXZbPTbnWvOliRg0Q3a%2F3zT1tDfLNlY9ja7h8eB2sxVWw%2Bfp&X-Amz-Signature=ed9b0529a7b528178abe9909cb6e9ceccffd53c6d56a688b5bb1098cf4ba26c5&X-Amz-SignedHeaders=host&response-content-disposition=attachment%3B%20filename%3D%22Key_Personnel.docx%22&x-id=GetObject https://procure-now.s3.us-west-2.amazonaws.com/shared-sections/production/36/f777736e-ea60-413c-a57b-e1137061a29c_04.12.01_Background_Investigation_Certification_%28Rev._02.2022%29.docx?X-Amz-Algorithm=AWS4-HMAC-SHA256&X-Amz-Content-Sha256=UNSIGNED-PAYLOAD&X-Amz-Credential=ASIA47RIURE4OWRNN5OB%2F20250918%2Fus-west-2%2Fs3%2Faws4_request&X-Amz-Date=20250918T233948Z&X-Amz-Expires=72000&X-Amz-Security-Token=IQoJb3JpZ2luX2VjEE8aCXVzLXdlc3QtMiJIMEYCIQC5bAOc0pShIEwe4Dz3AWi7PplgIqqQTvu4GSeSwPvy9AIhAI3LeqH9OYUXFgnJWqPTtwfagG8xJ6hsGFMH7rd4D2WFKpMFCMf%2F%2F%2F%2F%2F%2F%2F%2F%2F%2FwEQAhoMODkyMzY0Njg3NjcyIgyFqw5EZXF2lI1oBvIq5wS34B4jFXORJQ3QnlCK05wmU%2B7wYZAw%2FrS8mQt%2BppW7J%2FqIBsFexACfAoKgoQAbuZG4oK0SiO8FWqGVgKDIRl3Mw9huS2IsemeDwB24eJzF0BHHqX0I4Vae7h5qx97rF2e5XTMFl7GesivYE7MagChvoIIu99Al6iF0VPslpc8F3kev3leNclVBXhDX2B3qGUQEmQJxWx7d%2BXdf%2BjpHlnZt2V9rUe5orE9rJWvVaAH8fw2MUi0gCd3zJaylBMIX6UkWDj4dW6xeAXSIoe2PSyBJosxTc3LxDW69mqMDCpThBgHA%2BvVyZ1LomWvbWy5veUncqYfMB3OUfj8g2Y6XjWnyuxQiIIsloe%2BntEAtS%2BRSR0jW1CRjsPRI8vW9K%2BU2HUci%2FUzTk3w3KhDB2MaAUq%2BdpdBKslsSb92marS2QoSdxF%2BSl4pHyZz%2Ff3gEK00IJJsCdFayama8TgCHmo%2BH9SNCAc9yANVe3wlH38YrR2LSo5X4U2sWqwBWuuSUQR7LbEw6jFqnzwvTqXh5qKI3bpgQXpwfAvUKAHWj6bicvhx9h9ECCtNtBOS58s5njJ%2F1%2B6uFpwFxzacWjdYR9RO0ROoxK4OY1HbzU%2FULGQT5fPGDyE0oS2MCmo663JqBLDDMX0UbIOGJWo1f0WzDFtBaZh9APY1EE%2Bx0CAzqhAKBGVOqkYoGPHeFJkKBrXIdvJkMROSuSHTD1P0ZRaEk%2FkNdyozDOt2J0%2BQ7RkvgXB1sQl262N2fLrDj0pxogO%2BE0o%2Bz9cA19QZvnS%2Bt832KOfV9QjX8E86IhDBg1%2F6IR%2Fg7JL4%2FCz6Mq2xnoUww6YqyxgY6mgE2qmqWNh%2BWXVNkhY7PXMbJxteqpEmk%2B7m14Y2DOLCZlStnlzjF7mkynMTtAU3Y%2FhpvJMwIXmu06QNB3GX%2BHsQloSYx2%2BCJKtxEX4%2BWaSgMV7ZcbZGE9wCW%2BxWBdRrje8xv72kKqnenNgRGsgq445vlgPUw0A20pXZbPTbnWvOliRg0Q3a%2F3zT1tDfLNlY9ja7h8eB2sxVWw%2Bfp&X-Amz-Signature=91ebfbbe38a966d02c735a887cd6e51141f682349ec874c9a2545f76bf1b3ac5&X-Amz-SignedHeaders=host&response-content-disposition=attachment%3B%20filename%3D%2204.12.01_Background_Investigation_Certification_%28Rev._02.2022%29.docx%22&x-id=GetObject

8. SCOPE OF WORK SERVICES/TECHNICAL

SPECIFICATIONS

See Attachments for the Scope of Work/Technical Specifications.

8.1. Scope of Work

See attachments.