Request for Proposal: Metro Bus Transit Advertising Program

Transcription

1 Request for Proposal: Metro Bus Transit Advertising Program Date: 7/13/18 Project Name: Metro Bus Transit Advertising Program Proposal Submission: Proposals will be received until 3 pm CST, on August 14, All proposals must be clearly labeled Metro Bus Advertising Program RFP. Project Manager: Berta Hartig, Marketing & Communications Manager bhartig@stcloudmtc.com Ph: I. OBJECTIVE OF RFP Metro Bus is seeking a qualified contractor to provide and manage bus advertising service in a manner acceptable to Metro Bus s advertising policy. The Metro Bus advertising policy is posted on the Metro Bus website s advertising page: II. SCOPE OF WORK Proposers will be responsible for duties that include, but are not limited to the following: 1. Solicit and procure advertisers for available advertising space on Metro Bus transit assets; 2. Produce all sales pieces (rate cards, etc.). 3. Be responsible for sales and marketing for available transit assets except as directed by Metro Bus. Metro Bus reserves the right to use a set amount of advertising space for its exclusive use for any purpose as deemed to be in the best interest of the agency. SEE ATTACHMENT F. 4. Provide account management, including billings and collections; 5. Production, supply, installation and maintenance of advertisements. All advertising materials displayed on Metro Bus s available assets shall be of a quality so as to maintain an attractive appearance and to withstand the elements and general asset maintenance (e.g. cleaning); 6. The installation and future removal of bus interior and exterior ads shall be performed on-site at an indoor facility area at the Metro Bus Operations Center, 665 Franklin Ave NE, St. Cloud, MN For bus wraps, Metro Bus will run the vehicle through the bus wash and remove all lights and fixtures. The selected vendor is responsible for any additional prep required for installation or removal. Vendor to schedule installation and removal of ads in advance with Metro Bus. 7. Specific to exterior bus wraps: Windows to use 50/50 perforated vinyl suitable for vehicle windows. On the curbside the first window after the entrance door to be left clear of any vinyl. 1/9

2 8. Advertisements shall comply with Metro Bus advertising policy. 9. Restoration of artwork, production and painting of vehicles and other assets used in the advertising program at the end of each ad campaign contract, including placement of reflective vinyl of fleet numbers and yield signs over any vinyl wrap should they cover this information. 10. Preparation of reports pertaining to the provision of the service on a monthly basis, including copies of all contracts with advertisers; and 11. Other work as may be necessary to comply with the requirements contained in the agreement 12. Metro Bus shall not incur any costs relating to the services identified above. Proposer must furnish all equipment, labor, supervision, any/and all required materials and services. 13. Geographic advertising sales will not be permitted. The fleet is assigned based on a variety of considerations and assigning vehicles to keep certain signs in certain parts of the service area will not be permitted. Contact Length: The initial term of the contract shall be a three (3) year period beginning on the date of contract execution with the possibility of (1) two (2) year option, for a total of five (5) years. The option years may be exercised by mutual agreement. III. REQUIRED PROPOSAL CONTENTS AND FORMAT All proposers are expected to examine the specifications and all instructions in this RFP. Failure to do so is at the proposer s risk. Each proposer must furnish the information required. Proposers must sign and submit all proposal forms, certifications, and affidavits. The person signing the proposal must initial erasures or other changes of entries made by the proposer. Proposals signed by an agent are to be accompanied by evidence of the agent s authority. Metro Bus reserves the right to waive any minor proposal informalities or irregularities that do not affect the substance of the proposal or prejudice other proposers. Metro Bus reserves the right to accept any proposal or any part or parts thereof or to reject any and all proposals submitted. Conditional proposals, or those that have taken exception to the specifications, will be considered nonresponsive and will be rejected. Any unapproved deviations, exceptions, substitutions, alternates or conditional qualifications contained in a proposal submission may be cause for its rejection. Proposal packets should be single-sided and no more than 20 pages in length cover pages do not count under this limit. 1. Cover Letter: On company letterhead: a. Briefly introduce the firm. b. List the contents of the proposal, i.e., exhibits and any optional items by title. Do not list promotional material. c. Provide the name of a contact person with address, telephone number. Metro Bus will only correspond with the contact person designated in the cover letter. d. The letter must be signed by an individual authorized to commit the firm s personnel and financial resources to the project and to execute legal documents on behalf of the firm. 2/9

3 2. Company Profile: Proposers should include: a. The firm s name, business address, and telephone number as well as a brief description of the firm s presence nationally and locally. b. Date of establishment, type of organization and local organizational structure. c. A discussion of the firm s advertising capabilities and resources. d. Computer systems and software used, in-house or outsourced printing, staff size, local and national expertise. e. A brief history of the firm, describing experience, size, headquarters location, key principals/officers and length of time in business. 3. Payment: Each proposer should clearly state a payment proposal/revenue share for Metro Bus. This should include: a. Minimum guaranteed payment for compensation to Metro Bus for each year of the proposed contract. b. Percentage rate on sales revenue to be paid to Metro Bus. Specifying the basis on which the percentage rate will be applied (gross or net revenue and what expenses are deducted to determine net revenue). c. Method of payment to be used (i.e., monthly, quarterly, semiannually or annually). d. Compensation structures must be outlined for Metro Bus with corresponding rational. Proposers must submit a table showing gross revenue, expenses, and their calculation of the net revenue broken down by advertising type anticipated to be paid to Metro Bus during the first three years, plus one optional two-year timeframe of the agreement. 4. Experience and References: a. Provide a list of three (3) current and/or former clients as references. Include the name, telephone number and address of a contact person for each current and former client listed. b. Indicate the dates and length of time the firm has served each client, the size of the operation, the creative methods used by the firm to increase revenue and the ways in which the firm increased revenue for each client. Examples of advertising artwork designs used should be submitted. c. Provide a list of major accounts added within the past 24 months. 5. Project Approach: Proposers should provide a concise description of the marketing plan, including but not limited to, staffing levels, marketing the ads sales, etc., based on the Metro Bus s available space, and aimed at securing business from national as well as local and regional advertisers for this project. 6. Litigation: List and briefly describe the circumstances and status of any litigation involving the firm that was initiated from January 1, 2013 to the present. 7. Statement of Qualification: Provide a statement regarding why the firm would be most qualified to handle this account, including past experience in serving transit companies and other public agencies. 3/9

4 8. Statement of financial stability and solvency: A statement of financial condition of the company including at least one bank reference and two supplier references. Qualifications for Award: Contract award shall be made only to a proposer found to be both responsive and responsible. Responsive proposals are those complying in all material aspects of this RFP, both as to the method and timeliness of the submission and as to the substance of the proposal. Proposals that do not comply with all the terms of this RFP will be deemed non-responsive and rejected. Proposers will be notified in writing ( ) within thirteen (13) days following the RFP closing date if their proposal is deemed responsive. Responsible proposers are those prospective contractors who, at a minimum, show that the firm: 1. Has adequate financial resources, as required during performance of the Agreement. 2. Has a satisfactory record of past performance in similar projects. 3. Has the necessary organization, facilities, personnel, capability and expertise to perform the tasks expected for this project. 4. Is not on the U.S. Comptroller General s list of ineligible contractors. 5. Is otherwise qualified and eligible to receive an award under applicable laws and regulations. Metro Bus shall determine whether or not the evidence submitted is satisfactory. Metro Bus will make awards only when such evidence is deemed satisfactory, and reserves the right to reject proposals where evidence submitted is determined to be fraudulent, or evaluation and investigation indicates inability of the proposer to perform. IV. PROPOSER EVALUATION, SELECTION AND AWARD PROCESS Metro Bus shall evaluate the proposers and their submitted proposals, and select the most qualified proposer according to the process outlined below. Metro Bus is searching for the best possible candidate for this project and will base its selection on an agency s experience, creative and artistic skills, abilities, reputation and ability to maximize revenues. Initial Evaluation: Following the RFP closing date, all proposals will be reviewed in order to determine whether the proposals are responsive to the RFP. Proposals determined to be nonresponsive to the RFP will be disqualified. Proposers will be notified whether their proposals were determined to be responsive within thirteen (13) days following the RFP closing date. Evaluation of Proposals: All proposals determined to be responsive and responsible will be evaluated using the following criteria: 1. Project approach 2. Experience and qualifications of Firm 3. Client References 4. Price proposal (cost, rates and estimates) 4/9

5 Responsive and responsible Proposers considered to be within the competitive range by the Selection Committee, will be notified of a time and place to make oral presentations if the Selection Committee deems it necessary. Any presentation by the Proposer shall be at the sole expense of the Proposer. Negotiations will take place and the Proposer will be given the opportunity to revise the initial proposal and present a best and final offer at the conclusion of negotiations. Final Selection: Final selection of a proposer or proposers will be made by committee based on the responses to the Request for Proposal, supplementary information provided in response to Selection Committee requests, presentations before the committee, and best and final offers upon completion of negotiations. The decision of the Selection Committee will be final. V. PROPOPOSED SOLICITATION AND AWARD SCHEDULE Metro Bus proposes the following solicitation and award schedule EVENT RFP Advertised July 13, 2018 Deadline for RFP Requests for Clarification August 6, 2018 Responses to Approved Equals and/or Clarifications due August 9, 2018 DATE Proposals Due August 14, pm CST Selection Interviews (if necessary) August 16 and 17, 2018 Selection and Award August 21, 2018 VI. LEGAL AND SUBMITTAL REQUIREMENTS Compliance with Laws, Statutes and Ordinances As a condition of a contract being awarded, Respondents must comply with the following and with each provision of the contract: 1. Conflict of Interest Clause: No member of the governing bodies of Metro Bus or other unit of government and no other officer, employee, or agent of Metro Bus or other government unit who exercises any functions or responsibilities in connection with the carrying out of this transit advertising project shall have any personal interest, direct or indirect, in the contract. No employee, officer, agent, immediate family member, or Board member of the grantee shall participate in the selection, award, or administration of a contract supported by FTA funds if a conflict of interest, real or apparent, would be involved. Such a conflict would arise when any of the following has a financial or other interest in the firm selected for award: 5/9

6 The employee, officer, agent, or Board member, Any member of his/her immediate family, His or her partner, or An organization that employs, or is about to employ, any of the above. The grantee's officers, employees, agents, or Board members will neither solicit nor accept gifts, gratuities, favors, or anything of monetary value from contractors, potential contractors, or parties to subagreements. To the extent permitted by state or local law or regulations, such standards of conduct will provide for penalties, sanctions, or other disciplinary action for violation of such standards by the grantee s officers, employees, or agents, or by contractors or their agents. The Respondent covenants that he/she presently has no interest, and shall not acquire any interest, direct, or indirect, in the project to which the contract pertains which would conflict in any manner or degree with the performance of his/her work hereunder. The Respondent further covenants that in the performance of the contract no person having any such interest shall be employed. 2. Selected Respondents shall establish procedures and policies to promote a Drug-free Workplace. The selected Respondent shall notify employees of its policy for maintaining a drug-free workplace, and the penalties that may be imposed for drug abuse violations occurring in the workplace. The selected Respondent shall notify Partner Agencies if any of its employees are convicted of a criminal offense in the workplace no later than ten days after such conviction. 3. Compliance with Federal, State of Minnesota and various city and county regulations, ordinances, policies, procedures, rules, executive orders and requirements. VII. INSURANCE REQUIREMENTS The Contractor will submit to Metro Bus, prior to any services performed, certificates of the Contractors insurance coverage indicating the presence of coverages and limits no less than the following: 1. Workers Compensation: Coverage A. Statutory Benefits. Coverage B. Employer s Liability. Bodily Injury by accident Bodily Injury by disease Bodily Injury by disease Coverage must include a Waiver of Subrogation endorsement. $1,000,000 each accident $1,000,000 policy limit $1,000,000 each employee 2. Commercial Auto Coverage: Auto Liability limits of not less than $1,000,000 each accident, combined Bodily Injury and Property Damage Liability insurance. Certificate to reflect coverage for Any Auto or All Owned, Scheduled, Hired and Non-Owned. Coverage must include a Waiver of Subrogation endorsement. 3. Commercial General Liability: Each Occurrence Limit $1,000,000 6/9

7 Personal Injury/Advertising Injury Limit $1,000,000 Products/Completed Operations Aggregate Limit $5,000,000 General Aggregate Limit $2,000,000 (Other than Products/Completed Operations) Coverage must include a Waiver of Subrogation endorsement. The Contractor will maintain all risk insurance, on a replacement cost basis, covering loss or damage to personal property (for which it has title and/or risk of loss) which is to become a final part of the project, during any time such personal property is in transit and while stored or worked upon away from the project site. Metro Bus shall be named as additional insured under such insurance. I. AGREEMENT OF TERMS 1. Agreement of Terms: By submitting a proposal, the Proposer agrees to all the terms and conditions of this RFP. Proposers must not alter any portion of the RFP document, with the exception of adding the information requested. The Proposer will not change the wording of its proposal after closing and no words or comments will be added to the proposal unless requested by Metro Bus for purposes of clarification. 2. Modification of Terms: Metro Bus reserves the right to modify the terms of this RFP at any time at its sole discretion prior to opening. 3. Acceptance of Proposals: This Request for Proposal should not be construed as an agreement to provide goods or services. Metro Bus is not bound to accept the lowest price proposal, or any of those submitted. Proposals will be assessed in light of the evaluation criteria. Metro Bus will be under no obligation to receive further information, whether written or oral, from any Proposer after the final submission date. II. BREACHES AND DISPUTE RESOLUTION 1. Disputes: Disputes arising in the performance of this Contract which are not resolved by agreement of the parties shall be decided in writing by the authorized representative of Metro Bus s Chief Executive Officer (CEO). This decision shall be final and conclusive unless within thirty (30) days from the date of receipt of its copy, the Proposer mails or otherwise furnishes a written appeal to the CEO. In connection with any such appeal, or decision, the Proposer shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the CEO shall be binding upon the Proposer and Proposer shall abide by the decision unless litigation is thereafter commenced in a court of competent jurisdiction. 2. Performance during Dispute: Unless otherwise directed by Metro Bus, Proposer shall continue performance under this Contract while matters in dispute are being resolved. 3. Claims for Damages: Should either party to the Contract suffer injury or damage to person or property because of any act or omission of the party or any of his employees, agents or others for whose acts he is legally liable, a claim for damages therefore shall be made in writing to such other party within a reasonable time after the first observance of such injury or damage, but not later than the expiration of applicable limitation periods as defined by Federal standards. 7/9

8 IX. 4. Remedies: Unless this contract provides otherwise, all claims, counterclaims, disputes and other matters in question between Metro Bus and the Proposer arising out of or relating to this agreement or its breach will be decided by arbitration if the parties mutually agree, or in a court of competent jurisdiction within the State in which the Metro Bus is located. 5. Rights and Remedies: The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by Metro Bus shall constitute a waiver of any right or duty afforded under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. Termination for Convenience Metro Bus may terminate a contract, in whole at any time, by thirty (30) days prior written notice to the successful Proposer. The successful Proposer shall be paid its costs, including contract closeouts, and the contract price for the remaining value of tread on leased tires mounted on buses and in spare stock, and profit on work performed up to the time of termination. The successful Proposer shall promptly submit its termination claim to be paid the successful Proposer. If the successful Proposer has any property in its possession belonging to Metro Bus, the successful Proposer will account for the same, and dispose of it in the manner Metro Bus directs. Notwithstanding any provision to the contrary contained herein, Proposer may terminate this Agreement for any other reason one hundred and twenty (120) days after providing Metro Bus written notice thereof. Termination for Default If the successful Proposer does not deliver supplies in accordance with the contract delivery schedule, or, if the contract is for services, the successful Proposer fails to perform in the manner called for in the contract, or if the successful Proposer fails to comply with any other material provisions of the contract, and, in each case, the failure is material and remains unremedied thirty (30) days after written notice of such failure is received by Contractor, Metro Bus may terminate this contract for default. Termination shall be effected by serving a thirty (30) day prior written notice of termination on the successful Proposer setting forth the manner in which the successful Proposer is in default. The successful Proposer will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract including the remaining value of tread on leased tires mounted on buses and in spare stock in accordance with 6.1 Termination for Default. If it is later determined by Metro Bus that the successful Proposer had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of, or are beyond the control of the successful Proposer, Metro Bus after setting up a new delivery or performance schedule, may allow the successful Proposer to continue work, or treat the termination as a termination for convenience. CIVIL RIGHTS REQUIREMENTS 1. Nondiscrimination: In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. ' 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. ' 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. ' 12132, and Federal transit law at 49 U.S.C. ' 5332, the 8/9

9 Proposer agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the Proposer agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue. 2. Equal Employment Opportunity: The following equal employment opportunity requirements apply to the underlying contract: a. Race, Color, Creed, National Origin, Sex: In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. ' 2000e, and Federal transit laws at 49 U.S.C. ' 5332, the Proposer agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of 41 C.F.R. Parts 60 et seq., (which implement Executive Order No , Equal Employment as amended by Executive Order No , Amending Executive Order Relating to Equal Employment Opportunity,@ 42 U.S. C. ' 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future effect construction activities undertaken in the course of the Project. The Proposer agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Proposer agrees to comply with any implementing requirements FTA may issue. b. Age: In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. '' 623 and Federal transit law at 49 U.S.C. ' 5332, the Proposer agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Proposer agrees to comply with any implementing requirements FTA may issue. c. Disabilities: In accordance with section 102 of the American with Disabilities Act as amended, 42 U.S.C. '12112, the Proposer agrees that it will comply with the requirements of the U.S. Equal Employment Opportunity Commission, Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act,@ 29 C.F.R. part 1630, pertaining to employment of persons with disabilities. In addition, the Proposer agrees to comply with any implementing requirements FTA may issue. The Proposer also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties. VIII. REQUIRED FTA CERTIFICATIONS The FTA Certifications below, which are included and made a part of this Request for Proposal must be signed by an authorized representative and returned with your proposal. SEE APPENDIX B & C. 9/9

10 ATTACHMENT B INTEGRITY CERTIFICATION OF PRIMARY PARTICIPANT REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS The following potential contractor for a FTA major third party contract,, certifies to the best of its knowledge and belief, that it and its principals: (1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (2) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (2) of this certification; and (4) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, local) terminated for cause or default. (If the potential third party contractor is unable to certify to any of the statements in this certification, the contractor shall attach an explanation to this certification.) The following potential contractor for a Federal Transit Administration major third party contract,, certifies or affirms the truthfulness and accuracy of the contents of the statements submitted on or with this certification and understands that the provisions of 31 U.S.C. Sections 3801 et seq. are applicable thereto. Signature and Title of Authorized Official The undersigned chief legal counsel for the (entity) hereby certifies that the (entity) has authority under State and local law to comply with the subject assurances and that the certification above has been legally made.

11 ATTACHMENT C FTA APPENDIX A, 49 CFR PART CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned [Contractor] certifies, to the best of his or her knowledge and belief that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including sub-contracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance is placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Executed this day of, 2018 By: Title: Company:

12 ATTACHMENT D NON-COLLUSION AFFIDAVIT STATE OF: COUNTY OF: Important: This affidavit must be properly completed and submitted with all proposals. I,, being first duly sworn (Enter name of company official) deposes and says that,, (Name of firm for which affidavit is made) the company submitting this proposal; that such proposal was not made in the interest of or on behalf of any undisclosed person, partnership, company, organization, or corporation; that such proposal is genuine and not collusive or sham, and that said company has not been a party to any agreement or collusion among Suppliers or prospective Suppliers in restraint of freedom of competition by agreement to propose a fixed price, or otherwise, or to refrain proposing and has not, directly or indirectly, by agreement, communication or conference with anyone attempted to induce action prejudicial to the interest of the St. Cloud Metropolitan Transit Commission or of any Supplier or anyone else interested in the proposed contract. SUBSCRIBED AND SWORN TO BEFORE ME THIS day of, (Signature of Company Official) (Notary Public)

13 ATTACHMENT E DBE LETTER OF INTENT TO PERFORM AS A CONTRACTOR OR SUBCONTRACTOR (Must be submitted with proposal) Name of Prime or General Proposer Name of Project The undersigned intends to perform work in connection with the above project as (Check one): an individual a corporation a partnership a joint venture The Disadvantaged Business Enterprise status of the undersigned is confirmed and current in the Minnesota Unified Certification Program Directory of DBE=s (Check one): Yes No The undersigned is prepared to perform the following described work in connection with the above project. Use additional paper if necessary. Item Agreed Price Information for Contractors: The St. Cloud Metropolitan Transit Commission requires all prime contractors to make proper payment to its subcontractors and Metro Bus may withhold payment from the prime contractor or take such other action as may be appropriate to insure that subcontractors are properly paid. Agreements in which a DBE promises to provide bids, work estimates, team membership, etc. to only one bidder/proposer on a project are prohibited. The undersigned agrees not to sublet or award a significantly greater portion of the work of this contract than would be expected on the basis of normal industry practices. The undersigned will be directly responsible for the execution of the work elements included in this contract agreement or any subcontract agreement and will carry out this responsibility by actually performing, managing and supervising the work involved in the contract or subcontract. The undersigned will enter into a formal agreement for the above work as a prime bidder or as a subcontractor to the above named bidder/proposer conditioned upon execution of a contract for this project with Metro Bus. (Name of Disadvantaged Business Enterprise) (Address) (Date) By: (Name) (Signature) (Title)

14

15