246849.pdf

COBB COUNTY PROCUREMENT SERVICES DEPARTMENT

122 Waddell Street, NE Marietta, Georgia 30060

(770) 528-8400 /Fax: (770) 528-8428 Email: procurementservices@cobbcounty.org www.cobbcounty.org/procurement-services

IMPORTANT NOTICE – PLEASE READ CAREFULLY!!

ALL proposals MUST be received at the Cobb County Procurement Services Department.

PROPOSALS MUST BE RECEIVED BEFORE 12:00 (NOON) ON

CLOSING DAY

Any proposal received later than 12:00 (noon) will not be accepted. The County accepts no responsibility for delays in the mail. Proposals are to be mailed or delivered to:

122 WADDELL STREET, NE

MARIETTA, GA 30060

All proposals shall be submitted on the Proposal Form. Any revisions made on the outside of the envelope WILL NOT be considered.

PLEASE CHECK proposal specifications and advertisement for document requirements.

Documents/Forms listed below MUST be submitted when required.

Omission of these documents /forms will cause your bid/proposal to be declared NON-RESPONSIVE.

PROPOSAL SUBMITTAL FORM (REQUIRED)

► Official Signature is required on this form guaranteeing the quotation.

CONTRACTOR AFFIDAVIT and AGREEMENT – Exhibit A (REQUIRED) ► Affidavit MUST be signed, notarized and submitted with any proposal requiring the performance of physical services If the affidavit is not submitted at the time of the proposal, proposal will be determined non-responsive and will be disqualified.

BID BOND (NOT REQUIRED)

A “SEALED PROPOSAL LABEL” has been enclosed to affix to your proposal. This label MUST be affixed to the outside of the envelope or package, even if it is a “NO PROPOSAL” response. Failure to attach the label may result in your proposal being opened in error or not routed to the proper location for consideration. No proposal will be accepted after the date and time specified.

Thank you in advance for your cooperation.

http://www.cobbcounty.org/purchasing

PROPOSAL SUBMITTAL FORM

SUBMIT PROPOSAL TO:

Cobb County Procurement Services Department 122 Waddell Street NE

Marietta, GA 30060

SEALED PROPOSAL #: 24-6849

Request for Proposals

Transit Bus Advertising Services Cobb County Department of Transportation

DELIVERY DEADLINE: September 26, 2024 BEFORE 12:00 P.M. (NOON) EST

(NO PROPOSALS WILL BE ACCEPTED AFTER THIS DEADLINE).

Proposal Closing Date: September 26, 2024 @ 2:00 P.M. in the Cobb County Procurement Services Department, 122 Waddell Street NE, Marietta, Georgia, 30060.

BUSINESS NAME AND ADDRESS INFORMATION:

COMPANY NAME:

CONTACT NAME:

COMPANY ADDRESS:

E-MAIL ADDRESS:

PHONE NUMBER: FAX NUMBER:

NAME AND OFFICIAL TITLE OF OFFICER GUARANTEEING THIS QUOTATION:

PRINT/TYPE NAME TITLE

TELEPHONE: FAX:

PROPOSER WILL INDICATE TIME PAYMENT DISCOUNT:

PROPOSER SHALL INDICATE MAXIMUM DELIVERY DATE (UNLESS OTHERWISE SPECIFIED IN PROPOSAL

SPECIFICATIONS)

SIGNATURE OF OFFICER ABOVE:

(SIGNATURE)

Proposals received after the date and time indicated will not be considered. Cobb County reserves the right to reject any and all proposals, to waive informalities, to reject portions of the proposal, to waive technicalities and to award contracts in a manner consistent with the county and the laws governing the State of Georgia.

The enclosed (or attached) proposal is in response to Sealed Proposal Number 24-6849; is a firm offer, as defined by section O.C.G.A. (s) 11-2-205 of the code of Georgia (Georgia laws 1962 pages 156-178), by the undersigned proposer. This offer shall remain open for acceptance for a period of 90 calendar days from the proposal opening date, as set forth in this invitation to proposal unless otherwise specified in the proposal documents.

NOTICE TO PROPOSERS - PROPOSAL QUOTES MUST INCLUDE INSIDE DELIVERY CHARGES

SEALED PROPOSAL LABEL

SEALED PROPOSAL ENCLOSED

DELIVER TO:

Cobb County Procurement Services 122 Waddell Street NE

SEALED PROPOSAL # 24 - 6849 DATE: September 26, 2024

PROPOSALS MUST BE RECEIVED BEFORE 12:00 P.M. (NOON)

DESCRIPTION: Transit Bus Advertising Services

VENDOR: _____________________________________

LABEL MUST BE ATTACHED TO OUTSIDE OF PROPOSAL

PACKAGE

"STATEMENT OF NO PROPOSAL”

122 WADDELL STREET NE

MARIETTA, GA 30060

TO ALL PROSPECTIVE VENDORS:

Because of the many requests to be placed on our vendors' list, we are continuously updating the list.

While we want to include all bona fide vendors, we do not want to mail proposals to those vendors who may no longer be interested in participating in our Request for Proposals (RFP) process.

If you do not choose to respond to the attached RFP, please fill out the form below indicating if you want to be retained on our current vendor list.

Vendors who do not respond in any way (by either submitting a proposal or by returning this form) over a period of one year may be removed from the current vendor list.

Vendors who do not wish to submit a proposal will often return the entire solicitation packet. This is not necessary, and you can return this completed form to procurementservices@cobbcounty.org.

Thank you for your cooperation.

Cobb County Procurement Services Department

"STATEMENT OF NO PROPOSAL”

Sealed Proposal # 24-6849

Request for Proposals

If you do not wish to respond to the attached Request for Proposals, please complete this form and send to procurementservices@cobbcounty.org or by Fax to 770-528-8428

I do not wish to submit a proposal on this solicitation.

I wish to be retained on the vendor list for this commodity and/or service: Yes_____ No ____

Please PRINT the following:

Company Representative

You are invited to list reasons for your decision not to submit a proposal:

mailto:procurementservices@cobbcounty.org

REQUEST FOR PROPOSALS

Sealed Proposal # 24-6849

Proposal Closing Date: September 26, 2024

Pre-Proposal Conference: September 10, 2024 @ 10:00 AM (E.S.T.)

CobbLinc Headquarters

Paratransit and Maintenance Facility 431 Commerce Park Drive

Virtual Option Meeting Link:

https://cobbcounty.webex.com/cobbcounty/j.php?MTID=m14900e8721a55e978d156693d1a27302

Join by Phone 415-655-0003

Proposals Are Received in the Cobb County Procurement Services Department

Before 12:00 P.M. (Noon) By the Proposal Closing Date

VENDORS ARE REQUIRED TO SUBMIT THE ORIGINAL, 1 COPY,

AND 1 IDENTICAL ELECTRONIC COPY ON FLASH DRIVE(S) OF PROPOSAL

(UNLESS OTHERWISE SPECIFIED IN PROPOSAL SPECIFICATIONS)

NAME: ________

ADDRESS:

REPRESENTATIVE:

PHONE: FAX:

E-MAIL__________ _____________________________________________________________

NOTE: The Cobb County Procurement Services Department will not be responsible for the accuracy or completeness of the content of any Cobb County Invitation to Bid or Request for Proposals or subsequent addenda thereto received from a source other than the Cobb County Procurement Services Department.

Meeting number (access code): 2319 973 4594

Meeting password: WmJN8xJa5J7

Request for Proposals for Bus Advertising Services Page 1

Request for Proposals Transit Bus Advertising Services

Sealed Proposal #24-6849

General Information

1.1 Purpose of Procurement

A. Cobb County Department of Transportation (“CobbLinc” or “County”) requests competitive sealed proposals from qualified firms to provide exterior and interior Bus Advertising Services on CobbLinc transit buses. It is CobbLinc’s intent to retain one (1) Contractor to provide advertising services identified in this Request for Proposals (RFP), such that nothing remains to be purchased, provided or supplied by CobbLinc. The purpose of this document is to provide proposers with the information they need to prepare and submit a proposal(s) for this project.

B. The Services to be performed correspond to the National Institute of Governmental Purchasing (NIGP) specific commodity codes #80158, Signs: Billboard, Advertising, etc., #91501, Advertising Agency Services, #91503, Advertising and Public Relations, Including Skywriting, #91504, Advertising Services, Outdoor Billboard, etc., #91807, Advertising Consulting.

1.2 Type and Term of Contract

A. The Contractor shall perform all services, as called for in this RFP, and as called for in any subsequent amendments for the period of three (3) years as set out in the Contract. The County shall retain the option of renewing the Contract for up to two (2) additional one-year renewal periods; however, the total duration of this contract, including the exercise of any options, shall not exceed five (5) years (basic three (3) year term and two (2) one (1) year options).

B. The Contractor’s cost proposal submitted in response to this solicitation will remain in effect in the event the County exercises any renewal options. Any Contract renewals shall be at the sole discretion of the County and shall be made in writing and executed by both parties.

1.3 Federal Participation in Contract

A. The Contract to be awarded as a result of this solicitation shall be financed in part by funds from the Federal Government awarded through programs of its operating administrations, including the Federal Transit Administration (FTA). As such, all FTA requirements governing the use of federal funds or that may come into effect are in effect.

B. Proposer must submit completed certifications with their proposal. Please refer to Section 7 for a complete list of the required certifications. Failure to provide all required certifications, completed in full, including an authorized signature, will cause the proposal to be deemed non-responsive.

There are no exceptions to this requirement.

Request for Proposals for Bus Advertising Services Page 2

1.4 Restrictions on Communications with the County

A. From the date of issuance of this solicitation through the date of Contract award by the County, excepting the pre-proposal conference/site visits and oral presentations, Proposers are not allowed to communicate for any reason with any County staff or Board Members regarding this procurement. All Proposer communications concerning this solicitation shall be directed to the County’s Procurement Services Department identified in Section 1.5, Contact Information.

Prohibited communication includes all contact or interaction regarding this solicitation, including, but not limited to, telephonic communications, emails, faxes, letters, texts, or personal meetings.

Unauthorized contact regarding this solicitation may result in disqualification.

B. Oral communications regarding this solicitation shall not be considered official communications.

The County is not responsible for any oral statements made by its employees regarding this solicitation. All official communications to and from the County regarding this solicitation shall be transmitted in writing.

1.5 Contact Information

All written inquiries, submissions, and/or other correspondence regarding this solicitation (excluding protests submitted in accordance with Section 2.6 below) must be directed in writing by 12:00 PM on September 26, 2024 to:

Cobb County Procurement Services Department

Marietta, GA 30060 Fax: 770-528-8428

Email: procurementservices@cobbcounty.org

1.6 Pre-Proposal Conference/Site Visit

A. All prospective Proposers are invited to attend the pre-proposal conference/site visit which will be held on September 10, 2024 at 10:00 AM EST, at CobbLinc Headquarters, Paratransit and Maintenance Facility, located at 431 Commerce Park Dr., Marietta, GA, 30060. Prospective proposers may also attend virtually.

Meeting Link:

Join by Phone 415-655-0003

While attendance is not mandatory, it is highly encouraged. Disadvantaged Business Enterprise (DBE), small and minority and woman-owned businesses, are encouraged to attend the pre-proposal conference/site visits to learn about the procurement and to network with potential prime contractors and subcontractors.

Meeting number (access code): 2319 973 4594

Meeting password: WmJN8xJa5J7 mailto:procurementservices@cobbcounty.org

Request for Proposals for Bus Advertising Services Page 3

1.7 Questions

Questions regarding the RFP must be submitted in writing, defined as being received by electronic mail, in accordance with the Section 1.5, Contact Information. Please review the RFP and submit any and all questions, clarifications and recommendations to Cobb County Purchasing by 5:00 PM EST on September 17, 2024.

END OF SECTION 1

Request for Proposals for Bus Advertising Services Page 4

2. Solicitation Terms and Conditions/Instructions to Proposers

2.1 Deadline for Submission of Proposals/Late Proposals

A. Proposals submitted in response to this RFP must be received by the County no later than 12:00 PM EST on September 26, 2024 to ensure that they are evaluated for Contract award by the Evaluation Committee for this procurement. Proposals received after the submission deadline will not be evaluated.

2.2 Format of Proposals

A. Each Proposer shall submit one (1) original, one (1) identical paper copy and one (1) flash drive with electronic copies of the proposal. Each flash drive shall contain an identical, searchable Portable Document Format (PDF) electronic copy. The Technical Proposal shall consist of all offer documents and supporting documentation requested in the RFP (“Technical Proposal”), excluding the Cost Proposal which shall be separately sealed. The Technical Proposal shall be submitted in a sealed envelope and clearly marked “Technical Proposal” with the Proposer name, Cobb County Solicitation Number and Proposal Submission Deadline on the exterior of the envelope. The “original” paper copy of the Technical Proposal must be unbound. The flash drive shall contain electronic file copies of all complete, signed Offer Documents that are submitted in paper copy format.

B. Both the Technical Proposal and the separate Cost Proposal must be submitted to Cobb County’s

Procurement Services Department by the proposal submission deadline in order for the Proposer’s submission to be eligible for evaluation and consideration for Contract award. All paper copies must be clearly marked as being either “Original” or “Copy,” as applicable. Electronic copies, submitted on flash drives, must be submitted in searchable PDF. In the event of a discrepancy between a hard copy and electronic versions, the original hardcopy version will govern.

C. If a Proposer submits an affidavit referred to in the Confidential/Proprietary Information Section, the Proposer shall provide one (1) separate electronic copy in searchable PDF format on one (1) or more flash drives of its proposal labeled "Cobb County Solicitation No. 24-: [Proposer Name] [Copy of Non-Confidential Portion of Proposal]" that excludes any records attached to such affidavit with no file to exceed 50MB.

D. All proposals must be prepared and submitted in accordance with the proposal format and content requirements specified. Proposals must be in English all pricing must be provided in US dollars and exclude federal excise taxes as well as any applicable State of Georgia and local sales and use taxes.

E. The County is exempt from Federal excise taxes; no payment will be made for any taxes levied on

Proposer’s employee’s wages. The County is also exempt from State of Georgia and local sales and use taxes. The County shall furnish tax exemption certificates, upon request, to the successful Proposer.

F. As a condition of submission responsiveness, all offer documents that require the signature of

Proposer must be signed. Any Contract award made as a result of this solicitation shall bind the Proposer to all of the terms, conditions, and specifications set forth in this RFP.

Request for Proposals for Bus Advertising Services Page 5

2.3 Location for Submission of Proposals/Methods of Delivery

A. Proposals must be submitted exclusively to the Procurement Services Department at the address noted in Section 1.5. It is the sole responsibility of the Proposer to ensure that its proposal is successfully delivered to Cobb County by the specified date and time. Cobb County is not responsible for late or lost deliveries of proposals, for whatever reason.

B. Proposals that are submitted by hand delivery or delivery by U.S. Postal Service or private courier/delivery service must be delivered to the Cobb County Procurement Services Department, 122 Waddell Street NE, Marietta, Georgia, 30060 by the deadline.

2.4 Amendments to the Solicitation (Addenda)

A. The County reserves the right to revise or amend the RFP up to the time set for the submission of proposals. Such revisions and amendments, if any, shall be announced by written addenda to the RFP. Upon issuance, addenda will be considered part of the RFP and will prevail over inconsistent or conflicting provisions contained in the original RFP. Copies of all addenda will be made available for download on www.cobbcounty.org/procurement-services. Receipt of addenda shall be acknowledged in the bid. It is the Proposer’s ultimate responsibility to ensure that they have all applicable addenda prior to bid submittal.

B. The County will not be responsible for a potential Proposer failing to receive notification of the availability of addenda. EACH PROPOSER IS INDIVIDUALLY RESPONSIBLE FOR

REVIEWING ADDENDA AND ANY OTHER POSTED DOCUMENTS AND MAKING

ANY NECESSARY OR APPROPRIATE CHANGES AND/OR ADDITIONS TO THE

PROPOSER’S RESPONSE PRIOR TO SUBMISSION. It is the sole responsibility of each potential Proposer to check the County’s websites daily for addenda.

C. If an addendum significantly changes the RFP, the date set for the submission of proposals may be postponed by such number of days as it deems suitable to enable potential Proposers to revise their proposals.

2.5 Single Response to the Solicitation

A. If only one (1) proposal is received in response to this RFP, a detailed cost analysis of the single proposal may be requested of the single Proposer. A cost analysis, evaluation, and/or audit of the proposal may also be performed by the County in order to determine if the proposal price is fair and reasonable. If the County determines that a cost analysis is required, the single Proposer must be prepared to provide, upon request, detailed summaries of estimated costs (i.e., labor, equipment, supplies, overhead costs, profit, etc.) and documentation supporting all cost elements.

2.6 Protests

A. Protests related to this solicitation will only be accepted from Proposers whose direct economic interest would be affected by the award of a Contract or failure to award a Contract. Requests shall be directed to the Cobb County Procurement Services Department, 122 Waddell Street NE, Marietta, GA 30060. This project is funded in part by the FTA. FTA review of protests is limited to a grantee failing to have protest procedures, violating such procedures, or failing to review a complaint or protest. A copy of the protest procedures is included in Attachment L.

http://www.cobbcounty.org/

Request for Proposals for Bus Advertising Services Page 6

2.7 Confidential/Proprietary Information

A. Any and all materials submitted in response to this RFP are subject to public inspection, pursuant to the provisions of O.C.G.A. § 50-18-70 et seq., Georgia’s Open Records Act, upon completion of the RFP process. Each Proposer will be responsible for clearly identifying and labeling any records contained in its proposal as "Confidential/Proprietary Information" that the proposer has reasonably determined meet the definition of "trade secret" under Section 10-1-761(4) of the Georgia Code and that the proposer wishes to be exempt from disclosure under Section 50-18- 72(a)(34) of the Georgia Code or any other applicable law. The Proposer must attach to its proposal an affidavit affirmatively declaring that specific information in the records constitutes trade secrets pursuant to Article 27 of Chapter 1 of Title 10 of the Georgia Code. Marking the entire Proposal as confidential/proprietary will result in disqualification.

B. If the County receives a request for public disclosure of all or any portion of the materials identified as "Confidential/Proprietary Information" in a proposal in accordance with this RFP, before producing such records in response to such request, the County shall notify the Proposer of its intention to produce such records. If the County makes a determination that the specifically identified information does not in fact constitute a trade secret, it shall notify the Proposer of its intent to disclose the information within ten (10) days unless prohibited from doing so by an appropriate court order.

C. Proposers are advised that their designation as "Confidential/Proprietary Information" will not be binding or determinative of any issue relating to confidentiality. The County will not accept blanket designations that do not clearly identify information and materials that are "Confidential/Proprietary Information". The County may, in its sole discretion, and subject to compliance with the Open Records Laws and other applicable law, treat the whole of the relevant Section(s)/document(s) that are subject to such a blanket designation as subject to disclosure pursuant to the Open Records Laws.

D. All material submitted regarding the RFP becomes the property of the County. Any activity pursuant to this RFP by any Proposer is governed by all applicable laws, including without limitation, Georgia and Federal antitrust laws. The County is responsible to return to a Proposer any or all of the proposal or other information furnished by that Proposer.

E. In no event will the County or any of their agents, representatives, consultants, directors, officers or employees be liable to a Proposer or subcontractor for the disclosure of all or a portion of any proposal submitted in response to this RFP.

F. Nothing contained in this provision shall modify or amend requirements and obligations imposed on the County by the Open Records Laws or other applicable law, and the provisions of the Open Records Laws or other laws shall control if there is a conflict between the procedures described above and the applicable law.

Request for Proposals for Bus Advertising Services Page 7

2.8 Reserved Rights

A. In connection with this solicitation, the County reserves to itself all rights (which rights are exercisable by the County in its sole discretion) available to it under its Procurement Policy and applicable law, including without limitation, with or without cause, and with or without notice, the right to:

(1) modify the procurement process or documentation described in this RFP;

(2) develop the project in any manner that it, in its sole discretion, deems necessary or desirable, including by modifying the scope of the project;

(3) cancel this RFP, or a subsequent RFP, in whole or in part at any time prior to the execution by the County of the Contract, without incurring any cost obligations or liabilities except as otherwise expressly stated in this RFP or the subsequent RFP;

(4) issue a new Request for Proposals after cancellation of this RFP or a subsequent RFP;

(5) not issue an RFP;

(6) reject any and all submittals, responses, and proposals at any time;

(7) reject any and all proposals or any portion of a specific proposal for any reason;

(8) modify all dates set or projected in this RFP;

(9) terminate evaluations of proposals at any time;

(10) issue amendments, supplements, and modifications to this RFP;

(11) appoint Evaluation Committees to review proposals, and seek the assistance of outside technical experts and consultants in Proposal evaluation;

(12) make independent calculations with respect to numbers and calculations submitted in a Proposal for purposes of its evaluation;

(13) revise the evaluation criteria or methodology by issuing an amendment prior to the

Proposal Submission Deadline;

(14) require confirmation of information furnished by a Proposer, require additional information from a Proposer concerning its proposal and require additional evidence of qualifications or ability to perform the work described in this RFP;

(15) Down-select to one or multiple Proposers or add additional down-selection phases;

(16) seek or obtain data from any source that has the potential to improve the understanding and evaluation of the responses to this RFP;

Request for Proposals for Bus Advertising Services Page 8

(17) add or delete Proposer responsibilities from the information contained in this RFP;

(18) negotiate with one or more Proposers without the County being bound by any provision of a Proposer's proposal or subsequent Proposal;

(19) negotiate contract terms contemporaneously and /or subsequently with any number of proposers as the County deems to be in their best interests;

(20) waive administrative or minor deficiencies in a Proposal, accept and review a non-conforming proposal or permit clarifications or supplements to a Proposal;

(21) disqualify any Proposer who changes its proposal without the County’s approval;

(22) disqualify any Proposer from the procurement process for violating any rules or requirements of the procurement specified in this RFP, the RFP, applicable law, or any other communication from the County;

(23) add to the shortlist of Proposers any Proposer that submitted a Proposal in order to replace a Shortlisted Proposer that withdraws or is disqualified from participation in this procurement;

(24) (as and solely to the extent applicable) adjust the terms of, or not pursue to federal financing programs, or adjust the terms of, or not to pursue other financing or public funding for the Project on behalf of the Proposers, or otherwise;

(25) develop some or all of the Project itself or through another state or local government entity or entities;

(26) disclose information submitted to the County as permitted by applicable law or this RFP;

(27) exercise any other right reserved or afforded to the County under this RFP or a subsequent RFP and applicable law; and

(28) exercise its discretion in relation to the matters that are the subject of this RFP as it considers necessary or expedient in light of all circumstances prevailing at the time that the County considers to be relevant.

A. This RFP does not commit the County to enter into the Contract or proceed with the procurement described in this RFP. The County assumes no obligations, responsibilities or liabilities, fiscal or otherwise, to reimburse all or part of the costs incurred or alleged to have been incurred by parties considering a response to or responding to this RFP, or any subsequent RFP. All such costs shall be borne solely by each Proposer.

B. Except as provided in this RFP, in no event will the County be bound by, or liable for, any obligations with respect to the project until such time (if at all) as the Contract has been authorized by the County and executed by the County and then, only to the extent provided in the Contract.

No Proposer shall have any cause of action against the County arising out of the methods by which proposals are evaluated.

Request for Proposals for Bus Advertising Services Page 9

C. The County has the sole right to select the successful proposal(s) for contract award(s); to split a contract where allowable; to cancel the solicitation and to advertise for new proposals; to award a contract(s) to other than the Proposer submitting the lowest price proposal; to award multiple contracts; or not to award a contract as a result of this RFP.

D. The County reserves the right to accept any proposal deemed to be in the best interest of the County and to waive any irregularity or informality in any proposal that does not prejudice the County or other Proposers.

E. The County reserves the right to negotiate with the Proposer whose proposal is considered by the

County, and in its sole discretion, to be most advantageous to the County.

2.9 ADA Guidelines

A. The County will adhere to the guidelines set forth in the Americans with Disabilities Act (ADA).

Proposers shall contact the Procurement Services Department at least one (1) day in advance if they require special arrangements when attending the hosted pre-proposal conference.

2.10 Contractual Relationships

A. The County, individually, intends to execute a Contract. The selected Contractor’s contractual responsibility must solely rest with one firm or legal entity, which shall not be a subsidiary or affiliate with limited resources. Proposer’s Proposal Letter must clearly indicate the firm or entity responsible for contract execution.

2.11 Proposal Withdrawal and/or Revision Following Submission

A. A submitted proposal may be withdrawn and changes to a submitted proposal can be made prior to the proposal submission deadline. In the event a Proposer notes an error or omission in its response which was overlooked prior to submission of the proposal, the Proposer may contact the Issuing Officer to request the proposal withdrawn. Once the Proposer’s response is withdrawn, the County has no response from the Proposer. Unless and until the Proposer resubmits the received response, the County will have no offer from the Proposer to evaluate for possible Contract award.

Any resubmission must the received by the no later than the Proposal submission deadline.

2.12 Proposer Conflicts of Interest

A. Proposer must disclose in detail, with the Proposal, anything that may create a conflict or appearance of a conflict of interest. For purposes of this RFP, “conflict of interest” means any situation or circumstance arising out of existing or past activities, business interests, familial relationships, contractual relationships or organizational structure (i.e., parent entities, subsidiaries, affiliates, subconsultants, etc.) or litigation where: 1.) Proposer, a key team member or Key Personnel could or could be seen to exercise an improper influence over the objective, unbiased and impartial exercise of the County’s independent judgment; or 2.) could or could be seen to compromise, impair or be incompatible with the effective performance of its obligations under the resulting Contracts.

Request for Proposals for Bus Advertising Services Page 10

B. Required disclosures include, but are not limited to: 1.) any current contractual relationships with the County, any of their employees or board members; 2.) any past, present or planned contractual or employment relationships with any officer or employee of the County; and 3.) any other circumstances that might be considered to create a financial interest in the Contract by the County or any of their respective employees or board members if Proposer is awarded the Contracts. The foregoing list is a demonstrative list and shall constitute a limitation on the Proposer’s disclosure obligations.

C. The County, in their sole discretion, will make a determination relative to a real or perceived potential conflict for a Proposer and its ability to mitigate such a conflict. A Proposer found to have a conflict of interest that cannot be mitigated, as determined in the sole discretion of the County, shall not have its proposal submission evaluated for Contract award.

D. Failure to comply with the requirements in this Section 2.12 or to abide by the County’s determination in this matter may result in the County disqualifying the Proposer from submitting a proposal, disqualifying the offending team member from participating on a Proposer’s team or, following submission of a proposal, discontinuing further consideration of such Proposer and its proposal.

E. Conflicts of interest that arise after the Proposal submission deadline, but before the Notice of

Award, must be disclosed in detail in writing to the Issuing Officer.

2.13 Contractual Provisions

A. The Contract(s) to be executed between the selected Contractor and the County will have forms and documents substantially similar to those in this RFP. Where the contract(s) conflict, the conflicting language shall be resolved prior to the execution of a final contract with the selected Contractor. The County may approve exceptions or changes to the executed Contract(s). The County reserves the right to modify any sub-sequent Contract(s) and/or include additional contractual provisions in the Contract(s) at their sole discretion.

2.14 Registered Lobbyists

A. By submitting a response to this RFP, the Proposer hereby certifies that the Proposer and its lobbyists are in compliance with the Lobbyist Registration Requirements in accordance with the Georgia Government Transparency and Campaign Finance Commission.

2.15 Responsibility for Compliance with Legal Requirements

A. Proposer’s products, services, and facilities shall be in full compliance with any and all applicable federal, state, and local laws, regulations, ordinances, and standards regardless of whether or not they are referred to in this RFP.

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2.16 Conditional Proposals

A. Terms and conditions attached to a proposal by a Proposer and made a condition of Contract execution may render the proposal non-responsive and may be rejected by the County.

2.17 Period that Proposals Remain Valid

Each Proposer agrees that proposal will remain firm for a period of one hundred and eighty (180) Days beginning with the date that price proposals are opened. Following the deadline for proposal submission, no proposal may be withdrawn for a period of one hundred and eighty (180) Days. For reasons of sustaining validity of potential desirable proposals to the fullest extent, the County may extend the restriction of communication and delay any post-award debriefings, to the extent allowed, as it deems necessary.

Requests for withdrawal of proposals after sixty (60) Days following the deadline for proposal submission must be submitted to the County in writing (defined as being sent or received via letter on official firm/agency letterhead or by electronic mail) to the attention of Issuing Officer.

If a Best and Final Offer (BAFO) is requested, Proposer agrees to hold the BAFO available for acceptance for a minimum of ninety (90) Days after submission of the BAFO Cost Proposal.

2.18 The County’s Right to Request Additional Information - Contractor Responsibility

Prior to award, the County must be assured that the selected Contractor has all of the resources to successfully perform under the Contract. This includes, but is not limited to, adequate number of personnel with required skills, availability of appropriate equipment in sufficient quantity to meet the on-going needs of the County, financial resources sufficient to complete performance under the Contract, and relevant experience in similar endeavors. If such information is required, the Contractor will be so notified and will submit the information requested within the time requested by the County.

2.19 Sales and Use Taxes

The County is exempt from paying sales and use taxes. All pricing provided in response to this RFP shall exclude sales and use taxes.

2.20 Proposal Preparation Costs

Each proposal shall be prepared simply and economically, avoiding the use of elaborate promotional materials beyond those sufficient to provide a complete proposal. All costs of proposal preparation, attendance at hosted site visits and/or pre-award meetings, and any other pre-award costs shall be at Proposer’s sole cost and expense. The County shall not compensate the Proposer and the Proposer shall not be entitled to for any expenses incurred by the Proposer in:

(A) Preparation of the proposal in response to this RFP and submitting the proposal;

(B) Providing assurances in response to this RFP, including bonds;

(C) Negotiating with the County and on any matter related to the proposal.

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The County shall also not be responsible for any other expenses incurred by the Proposer prior to the date of Contract award. The County, the Board of Commissioners, or County staff shall be held harmless from any liability, claims, or expenses whatsoever, incurred by, or on behalf of, any person or organization in responding to this RFP.

2.21 Insurance Requirements

Contractor shall procure and maintain in full force and effect for the duration of this Agreement, insurance protecting against claims for injuries to persons or damages to property which may arise from or in connection with performance of the Work hereunder by the Contractor, his agents, representatives, employees, or subcontractors.

(A) Minimum Limits of Insurance

Contractor shall maintain insurance policies with coverage and limits no less than:

1) Commercial General Liability: $1,000,000 combined single limit per occurrence for comprehensive coverage including bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom, damage for premises/operations, products/completed operations, independent contractors and contractual liability (specifically covering the indemnity), broad-from property damage, and underground, explosion and collapse hazard. This coverage may be achieved by using an excess or umbrella policy. The policy or policies must be on “an occurrence” basis (“claims made” coverage is not acceptable).

2) Commercial Automobile Liability (owned, non-owned and hired): $1,000,000 combined single limit per occurrence and for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom.

3) Workers' Compensation and Employers Liability: Workers’ Compensation limits as required by the State of Georgia and Employers Liability of $1,000,000 per occurrence or disease.

4) Professional Liability (Errors and Omissions) Coverage: $2,000,000 per claim and in the aggregate is required, in the event a contractor is performing design, engineering or other professional services.

5) Commercial Umbrella or Excess Liability Coverage: $5,000,000 in liability excess coverage per occurrence above the contracts stated minimum coverage limits for Commercial General Liability, Commercial Automobile Liability, and the Workers' Compensation and Employers Liability policies of insurance. This may be satisfied by having the underlying liability limits that equal or exceed the combined amount of the underlying liability limits and umbrella coverage.

6) Builder's "All Risk" Insurance: In the event Contractor is performing construction services under the Contract, Contractor shall procure and maintain “All-Risk” Builder’s insurance, written on a commercially recognized policy form, providing coverage for the Work performed under the contract, and the materials, equipment or other items incorporated therein, while the same are located at the construction site, stored off-site, or at the place of manufacture. The policy limit

Request for Proposals for Bus Advertising Services Page 13 shall be in a minimum amount equal to the "full insurable value" of such equipment and 100% of the value of the Contract, including any additional costs which are normally insured under such policy. The insurance coverage shall include boiler and machinery insurance on a comprehensive basis and include coverage against damage or loss caused by earth movement (including but not limited to earthquake, landslide, subsidence and volcanic eruption), fire, flood, hurricanes, explosion, hail, lighting, weather, vandalism, malicious mischief, wind, collapse, riot, aircraft, smoke, or other cataclysmic events, and coverage against damage or loss caused by machinery accidents and operational and performance testing, commissioning and start-up, with extended coverage, and providing coverage for transit, with sub-limits sufficient to insure the full replacement value of the property or equipment removed from its site and while located away from its site until the date of final acceptance of the Work.

7) The making of progress payments to the Contractor shall not be construed as relieving the

Contractor or its subcontractors or insurance carriers providing the coverage described herein for responsibility for loss or direct physical loss, damage or destruction occurring prior to final acceptance of the Work.

(B) Deductibles and Self-Insured Retention

Any deductibles or self-insured retentions must be declared to and approved by the County. At the option of the County, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the deductibles or self-insured retentions as respects the County, the Board of Commissioners, their officials, agents, employees, and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Contractor shall pay all deductibles and be liable for all claims, losses and damages for which it self-insures.

(C) Other Insurance Provisions

The policies are to contain, or be endorsed to contain, the following provisions:

1) Additional Insured Requirement. Cobb County, its elected and appointed officials, officers, boards, commissions, officers, employees, representatives, servants, volunteers and agents (hereinafter referred to as “Insured Party” or “Insured Parties”) are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of the Contractor;

products and completed operations of the Contractor, premises owned, leased, or used by the Contractor; and automobiles owned, leased, hired, or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the Insured Parties.

Nothing contained in this section shall be construed to require the Contractor to provide liability insurance coverage to the any Insured Party for claims asserted against such Insured Party for its sole negligence.

2) Primary Insurance Requirement. The Contractor's insurance coverage shall be primary and noncontributing insurance as respects to any other insurance or self-insurance available to the Insured Parties. Any insurance or self-insurance maintained by the Insured Parties shall be in excess of the Contractor's insurance and shall not contribute with it.

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3) Reporting Requirement. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Insured Parties.

4) Separate Coverage. Coverage shall state that the Contractor's insurance shall apply separately to each Insured Party against whom claim is made or suit is brought.

5) Defense Costs/Cross Liability. Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. There shall be no cross-liability exclusion.

(D) Workers' Compensation and Employers Liability Coverage

The Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance protecting against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Contractor, its agents, representatives, employees or subcontractors. The insurer shall agree to waive all rights of subrogation against Owner, and its officers, officials, employees and volunteers for losses arising from the work performed by the Contractor for Owner.

(E) Waiver of Subrogation

The insurers shall agree under each policy of insurance required by this Contract to waive all rights of subrogation against the Insured Parties for losses arising from work performed by the Contractor for Owner.

(F) All Coverages

1) Notice Requirement.

Each insurance policy required by this Contract shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to Owner, in care of the Cobb County [insert department name and address]. Owner reserves the right to accept alternate notice terms and provisions provided they meet the minimum requirements under Georgia law.

2) Acceptability.

The insurance to be maintained by Contractor must be issued by a company licensed or approved by the Insurance Commissioner to transact business in the State of Georgia. Such insurance shall be placed with insurers with a Best's Policyholder’s Rating of “A” or better and with a financial rating of Class VII or greater or be otherwise acceptable to Cobb County. All policies shall be subject to approval by Cobb County Attorney’s Office as to form and content.

3) Failure of Insurers. The Contractor shall be responsible for any delay resulting from the failure of any insurer to furnish proof of coverage in the prescribed form.

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(G) Verification of Coverage

Contractor shall furnish Owner with certificates of insurance and endorsements to the policies evidencing all coverages required by this Contract. Additionally, the declarations page for each insurance policy listed on the certificate of insurance shall be submitted to Owner. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements shall be received and approved by Owner before any work commences. Owner reserves the right to require complete, certified copies of all required insurance policies at any time. The contractor shall provide proof that any expiring coverage has been renewed or replaced prior to the expiration of the coverage

(H) Subcontractors

Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including, but not limited to, naming the Insured Parties as additional insureds.

2.22 Contract Award

The Contract will be awarded to the most qualified Proposer whose offer conforms to the RFP and whose offer is most advantageous to the County. This RFP specifies the Scope of Work required for this project.

The successful Proposer(s), to whom an award is made, is required to enter into a Contract with the County, on behalf of the County, that contains terms and conditions substantially similar to those contained in Section 4. The County reserves the right to delete, add to or alter provisions of the Contract prior to execution and any amendments thereafter shall be mutually agreed upon in writing.

END OF SECTION 2

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3. Contents of a Complete Proposal

All proposals shall include a table of contents with page numbers and sufficient detail to facilitate easy reference to all requested information. Proposer shall not utilize a font size smaller than 11pt font or have margins that are less than 1-inch. To be eligible for evaluation by the County as a complete, responsive proposal in response to the proposal, any and all proposals submitted to the County must contain all of the following documents, properly signed by an authorized representative (as applicable), fully completed by the Proposer, and numbered and arranged in the following order:

3.1 RFP Cover Page

(A) This document must be fully completed by an authorized representative and submitted with the proposal.

3.2 Proposal Submittal Form

(A) This document must be fully completed, signed by an authorized representative, and submitted with the proposal.

3.3 Proposal Submittal Letter

(A) This document summarizes the acknowledgements and representations made by and agreed to by the Proposer with regard to its proposal.

(B) This document must be fully completed, signed by an authorized representative, and submitted

(C) Blank form is attached in Attachment A of this RFP.

3.4 Contractor’s Qualification Statement

(A) This document summarizes key information about the Proposer for the County’s assistance and reference during evaluation of the proposals including:

1) Contact information for Proposer

2) Corporate information

3) A minimum of three (3) reference letters for whom Proposer has performed similar services in the past five (5) years

(B) If Proposer is a certified DBE, proof of DBE certification must accompany this document.

(C) This document must be fully completed, signed, and submitted with the proposal.

(D) Blank form is attached in Attachment B of this RFP.

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3.5 Technical Proposal

(A) This document shall be provided by the Proposer and shall provide the overall advertising approach for the requested services. This narrative description shall include the appropriate use of headings and subheadings numbered as follows, and that address, at minimum the following elements:

3.5.1 Qualifications and Experience of Contractor

(A) The Contractor shall detail their ability to perform the scope of work set forth in this RFP, which shall include a description of the proposer’s Bus Advertising Services and its methods and resources to perform the Services described in this RFP. At a minimum the Proposer shall provide:

1) Overview of the proposer’s team qualifications and experience in providing Bus

Advertising Services or services similar to those required in this RFP and the number of years the team has provided these types of services; the Contractor must have five (5) or more years of recent and relevant experience (within the last seven (7) years) in providing Bus Advertising Services similar in scope, size and complexity to the services being requested.

2) Overview of Contractor’s methodology to provide superior service delivery and ensure quality, cost efficient, and customer-oriented service.

3) List three (3) recent contracts of similar size and scope, public or private, for which the Proposer has performed advertising services, including the number and types of signs, gross revenue and net revenue paid to the governmental entity. For each contract listed, Proposer shall include the following information:

a) Name and telephone number of client contact

b) Describe the advertising services provided, including information requested above

c) Length of contract and contract price

d) Current status of the contract, (e.g., active, expired, or terminated)

e) Whether performing service as a prime or subcontractor

3.5.2 Qualifications and Experience of Key Personnel

(A) Key Personnel shall have qualifications and experience…