24_023 S2122 Glenridge Drive Sidepath (Hammon.pdf

REQUEST FOR PROPOSALS #24-023

S2122 Glenridge Drive Sidepath (Hammond Drive to Wellington Trace)

NON MANDATORY PRE-PROPOSAL MEETING:

October 4, 2023, 3:00 p.m.

VIA ZOOM

https://zoom.us/j/5773450328?pwd=S0o0RkczSmRsWkowMTJpcnJPWHhWQT09 Meeting ID: 577 345 0328

Passcode: 031237 +1 301 715 8592 US (Washington DC)

+1 312 626 6799 US (Chicago) +1 646 558 8656 US (New York)

Passcode: 031237

Proposals are due:

November 3, 2023, no later than 2:00 p.m.

Firms offering responses to this RFP (“Offeror(s)”) shall submit sealed proposals (“Proposal(s)”) to be received by the City of Sandy Springs (“City”) no later than November 3, 2023, 2:00 p.m. EST. The City will only accept online submissions for this RFP through the Bonfire Portal at https://sandysprings.bonfirehub.com/projects/106681/details (“Bonfire”). Any Proposal submitted in any other format (e-mail, paper, fax, mail, etc.) will not be accepted for any reason.

General Information:

1. All communications regarding this procurement must be with the assigned Procurement Officer, Ericka

Kelly, purchasing@sandyspringsga.gov.

2. All questions or requests for clarification must be sent via Bonfire under Message Opportunity Q&A:

https://sandysprings.bonfirehub.com/projects/106681/details. Questions are due no later than October 18, 2023, 5:00 p.m. EST. Questions received after this date and time may not be answered.

3. Questions and clarifications will be answered in the form of an addendum. Any addenda, schedule changes and other important information regarding this procurement will be posted on Bonfire at https://sandysprings.bonfirehub.com/projects/106681/details. It is the Offeror’s responsibility to check

Bonfire for any addenda or other communications related to this procurement.

4. The form of contract (“Model Contract”) the City intends to execute with the selected Offeror is included as Attachment A for review. Offerors are urged to read this Model Contract carefully, including exhibits, prior to submitting a Proposal. In general, the City is unable to negotiate or revise contract provisions. If an Offeror https://zoom.us/j/8146434147?pwd=enE0QWhqUVJQYlJvdlVRZjdtQmorQT09 https://sandysprings.bonfirehub.com/projects/view/17847 https://sandysprings.bonfirehub.com/projects/view/17847 believes certain contract provisions are out of date, not applicable or place an undue burden or cost on the

Offeror or the City, the Offeror must address these concerns in writing during the question and answer period.

The Procurement Officer will review and determine the appropriate response. If the City determines a change is warranted; an addendum will be posted to this RFP. If an Offeror is unwilling to execute the Model Contract, whether modified by addendum or not, a Proposal should not be submitted

4. The City reserves the right to reject all Proposals and to waive technicalities and informalities, and to make award in the best interest of the City.

5. An Offeror’s RFP Checklist is provided for your convenience below. This checklist is provided for assistance only and should not be submitted with the Proposal.

6. The City is not responsible for any technical difficulties. It is highly recommended that all Offerors submit their Proposals prior to the due date of this solicitation.

TABLE OF CONTENTS

PROPOSAL SIGNATURE AND CERTIFICATION

CORPORATE CERTIFICATE

OFFEROR’S RFP CHECKLIST

SECTION 1: BACKGROUND AND GENERAL INFORMATION

SECTION 2: SCOPE OF SERVICES

SECTION 3: SUBMITTALS

SECTION 4: QUALIFICATIONS

SECTION 5: CONTENTS OF PROPOSALS AND EVALUATION CRITERIA

SECTION 6: PRE-SUBMITTAL INQUIRIES

SECTION 7: COMMUNICATIONS

SECTION 8: SCHEDULE OF EVENTS

SECTION 9: TERMS AND CONDITIONS

SECTION 10: CONTRACT INFORMATION

Attachment A: MODEL CONTRACT, which includes all Exhibits attached thereto including:

• Scope of Services and/or Contractor Proposal

• Fee Schedule

• Certification of Contractor - Georgia Security and Immigration Compliance Act

• Certification of Contractor - Drug-Free Workplace

• Affidavit Verifying Status for City Public Benefit Application

• Contractor Affidavit Under O.C.G.A. § 13-10-91(b)(1)

• Insurance Requirements

• Notice to Contractors - Compliance with Title VI of the Civil Rights Act of 1964

PROPOSAL SIGNATURE AND CERTIFICATION

I certify that this Proposal is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a Proposal (“Offeror”) for the same materials, supplies, equipment, or services and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of state and federal law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of this Proposal and certify that I am authorized to sign this Proposal for Offeror. I further certify that the provisions of O.C.G.A. § 45-10-20, et seq. have not been violated and will not be violated in any respect.

Authorized Signature for Offeror: ____________________________________________________________

Print/Type Name of Signatory: ____________________________________________________________

Date: ____________________________________________________________

Print/Type Offeror Name Here: ____________________________________________________________

CORPORATE CERTIFICATE

I, _________________, certify that: I am the ____________________ of the company named as Offeror in the foregoing Proposal; that ______________________________________________, who signed said Proposal on behalf of the Offeror, was then (title) __________________ of said company; that said Proposal was duly signed for and in behalf of said company by authority of its governing body, and is within the scope of its corporate powers; that said company is organized under the laws of the State of _________________ and is duly registered and authorized to do business in the State of Georgia in accordance with Georgia law.

This _____________ day of ___________________________, 2023.

(Signature)

(Seal)

Corporate Name: _____________________________________________________ d/b/a: _____________________________________________

OFFEROR’S RFP CHECKLIST

Critical Things to Keep in Mind When Responding to an RFP for the City of Sandy Springs

1. _______ Read the entire document. Note critical items such as: supplies/services required;

submittal dates; number of copies required for submittal; contract requirements, if any (e.g. bonding and insurance requirements).

2. _______ Note the Procurement Officer's name, address, phone numbers and e-mail address.

This is the only person you are allowed to communicate with regarding the RFP and is an excellent source of information.

3. _______ Attend the pre-Proposal conference. These conferences provide an opportunity to ask questions, obtain a better understanding of the Project, or to notify the City of any ambiguities, inconsistencies, or errors in the RFP. This conference is voluntary, but all potential Offerors are strongly encouraged to attend.

4. _______ Take advantage of the “question and answer” period. Submit your questions to the

Procurement Officer by the due date listed in the RFP and view the answers given in any formal “addenda” issued for the RFP. All addenda issued for an RFP will be posted on the City’s purchasing page at https://sandysprings.bonfirehub.com/projects/106681/details.

5. _______ Follow the format required in the RFP when preparing a Proposal. Provide point-by-point responses to all sections in a clear and concise manner.

6. _______ Provide complete answers/descriptions. Read and answer all questions and requirements. Don’t assume the City or Evaluation Committee will know what your company’s capabilities are or what items/services you can provide, even if you have previously contracted with the City. Proposals are evaluated based on the information and materials provided in response to the RFP.

7. _______ Use the forms provided, e.g. cover page, reference questionnaire, etc.

8. _______ Review the RFP document again to make sure that you have addressed all requirements. Your original Proposal must be complete

9. _______ Submit the Proposal on time. Note all the dates and times listed in this RFP, and be sure to submit all required items on time. Late Proposals will not be accepted.

This checklist is provided for assistance only and should not be submitted with your Proposal.

SECTION 1: BACKGROUND AND GENERAL INFORMATION

Background

The City of Sandy Springs (“City” or “Sandy Springs”) is soliciting responses (“Response(s)”) to this RFP to select a qualified consultant to provide design services (“Consultant”) for the Glenridge Drive Sidepath (Hammond Drive to Wellington Trace) project (“Project”). The goal of the Project is to improve the safety and operations of the City’s transportation system with a bike/ped sidepath from Hammond Drive to Wellington Trace. This scope of work will connect the proposed sidepath on the east side of Glenridge Drive from Hammond Dr. to 5795 Glenridge Drive. Design will require ADA ramps, retaining walls, pedestrian lighting, and a hydrology study for the road and storm drainage system as warranted. The Project Area Map indicates the location of the proposed sidepath project. Additionally, this Project should incorporate the Perimeter Center Improvement District (PCID) Public Space Standards, current edition (lighting, brick pavers, and landscaping). This Project is being funded jointly by the City with the Transportation Special Purpose Location Option Sales Tax (TSPLOST) and with matched funding by the PCID. The S2193/TS193 Hammond Drive Corridor project is currently in the design phase. The project construction limit is proposed to end on the west side of the Hammond Drive/Glendridge Drive intersection.

SECTION 2: SCOPE OF SERVICES

Project Tasks:

The scope of services for this Project includes the following tasks:

For the duration of the project design status relative to project milestones are required as well as project manager attendance in biweekly project update meetings. If update meeting is not required, provide written project update via email biweekly.

Task 1: Survey

Survey from the northbound outer lane to the east side of Glenridge Drive within project limits. Include lane striping, signages, drainage systems, walls, fence, structures, Hammond Park parking lot curbs and striping, trees at least 10” DBH including species in the survey. A current and accurate ground run (2’ contour interval) topographic survey of the entire project area will be required. Survey shall include local issuing authority requirements for setbacks, zoning, buffers, surrounding land use and zonings, and Fulton County GIS benchmark reference. A Topographical Survey was done of Hammond Park for the City. The survey data is available to the Consultant. All utilities are to be located to SUE Level B. Level A SUE (assume 15 test holes) will be added to the project as required.

Task 2: Concept Design

The Consultant will be responsible for the following tasks during the concept design phase of the project:

• Concept Design: Provide a concept design that delivers a twelve (12) foot wide sidepath with six (6) foot grass/landscape strip and minimum one (1) foot back of sidepath buffer per COSS Technical Manual on the east side of Glenridge Drive from Hammond Drive to 5795 Glenridge Drive. Due to the parking lot layout and topography at Hammond Park, two concept designs are required for the sidepath along the Hammond Park frontage. Crosswalks and ADA ramps are required at appropriate locations. Ensure Americans with Disability Act (ADA) standards are addressed and appropriate design features are incorporated. It is a City preference not to use guardrail while still providing an appropriate roadway clear zone. Concept designs should balance this preference with the other design constraints/policies cited herein. The Consultant should also prepare a hydrology study for the road including analysis of gutter spread and provide design of a storm drainage system, as needed. Approval of concept drawings with any associated redline comments is required (in writing) prior to commencement of preliminary design documents.

• Tree Protection: Provide tree protection plan per COSS Technical Manual. Identification and protection

(where possible) of existing significant trees. Coordination and recommendations with the City Arborist is anticipated. Restoration of landscape buffer where removal of existing trees is required to construct the sidewalk. The services of a registered Landscape Architect are expected to provide this project design support.

• Green Infrastructure Feasibility Study: A Green Infrastructure feasibility study is required per City Code for transportation projects. It is anticipated that the project is exempt for Green Infrastructure Analysis and will not be feasible for Green Infrastructure design.

• Utility Coordination: The Consultant will coordinate with all applicable utility companies to obtain details of facility locations, identify any conflicts, and incorporate necessary utility relocations/redesigns into the plans. This effort will also include attending and participating in the City’s monthly utility coordination meeting. All utilities are to be located to SUE Level B and incorporated into the Concept Design. A proposed utility plan with a first utility submission to all utility providers is anticipated as part of the preliminary design. A utility coordination log will need to be created and maintained.

• ROW Plans: The Consultant should be prepared to provide ROW plans that clearly summarize the locations and amounts of any easements and/or right of way acquisitions that will be required to construct the project. It is the intent of the City to minimize the requirement for additional right of way and associated easements from adjacent property owners.

• Retaining Wall Design: Given the existing site characteristics, retaining walls will be required. The consultant will be required to have structural engineering support to prepare any necessary wall designs and the structural engineer should advise the design during concept phase on wall requirements. Wall foundation investigations through a geotechnical engineering consultant may be required depending upon the nature of the required walls.

• Pedestrian Light Design: Pedestrian and street lighting is required by City Code. It is the City’s intention to lease these lights from Georgia Power. The Consultant shall lay out the light locations along the corridor per PCID standards.

• Field Plan Review: Coordinate concept field plan review.

• City Approval Process: The Consultant will be required to obtain approval of the plans from the City’s

Public Works (PW) Department. During the Concept Phase, this will include submitting concept level plans to COSS PW for review and approval. The Consultant will submit a design exception package detailing any variances from the City’s standards for approval by PW.

Task 3: Design Development, Utility Coordination and Right of Way Acquisition

The Consultant will be responsible for the following tasks during the design development of the project:

• Preliminary Design: Provide a refined design that delivers a twelve (12) foot wide sidepath with six (6) foot grass/landscape strip and minimum one (1) foot back of sidepath buffer on the east side of Glenridge

Drive based upon the City-approved concept design. Cross-sections at 25-foot minimum intervals and all driveway profiles to be included. Plans updated to incorporate utility comments.ROW Plans: Existing

ROW, proposed ROW, and easement staking along with the centerline of the road are required prior to

ROW coordination with the property owners. The consultant should anticipate that approximately 50% of property frontages will require design revision and restaking due to property owners’ requests and City approved changes in order to secure right of way. Provide a complete set of right of way plans with the metes and bounds legal descriptions of the required right of way. Provide right of way staking and/or restaking when requested by the City at the appropriate time. Provide a right of way cost estimate.

• Utility Coordination: Further Utility location will be required to SUE Level A where the work of the project will potentially conflict with buried utilities (e.g. retaining wall foundations and pedestrian lights).

Maintain and provide utility coordination log when requested by the City. Provide staking of centerline of the road for utility relocation as needed.

• Field Plan Review: Coordinate preliminary field plan review.

• City Approval Process: The Consultant will submit preliminary plans to the City’s Community

Development (CD) Department for review.

Task 4: Final Design Phase

The Consultant will be responsible for the following tasks during the final design phase of the project:

• Final Design Package: Complete 100% Plan Sets and Final Permit Review and Retaining Wall Permit

Review by City, Proof of coordination and approval of ES&C plans by Ga EPD if over an acre disturbed.

Draft Bid Document to include Bid Schedule and Special Provisions.

• Utility Coordination: Documented completion of utility coordination and utility certification with either no conflict letters or evidence of utility approved agreements and plans to reconcile conflicts.

• Field Plan Review: Coordinate final field plan review.

• City Approval Process: The Consultant will submit final plans to the City’s CD Department for review and approval.

• Cost Estimate: A Final Construction Cost Estimate will be required at the end of final design.

Task 5: Public Involvement

The Consultant shall provide a minimum of one (1) public meeting:

• One (1) concept meeting will be held. Consultant attendance at the meeting to answer questions from the public will be required.

• Presentation materials will be required for each meeting. Presentation materials will include presentation boards with illustrative renderings and perspective views of the proposed improvements.

• Consultant may also provide one (1) fact-finding meeting (this is optional).

The Consultant may be asked to prepare one (1) or two (2) presentations to the City Council during a work session and to prepare one (1) or two (2) presentations to PCID.

The Consultant may be asked to find a relevant location for public meetings when projects are more than a reasonable distance from City Hall.

Task 6: Post Design Services

• Attend pre-bid conference

• Respond to bidder questions

• Provide tabulation of bids received

• Attend pre-construction meeting

• Respond to construction RFI’s

• Product/material submittal reviews

• 7-day inspection for erosion control

• Attend 1 on-site monthly meeting throughout the duration of construction

Major Project Milestones (in calendar days):

• Survey, including SUE B

• Concept Design

• PIOH

• Utility Coordination

• Preliminary Design

• ROW Negotiations and Acquisition (Assume 18 months)

• Final Design and Bid Document

• Let Date (Assume Q2 2026)

SECTION 3: SUBMITTALS

Proposals shall be submitted through Bonfire at:

https://sandysprings.bonfirehub.com/projects/106681/details no later than 2:00 p.m. EST on November 3, 2023.

A Proposal received after this date and time or at any other location will not be accepted or considered. The City is not responsible for delays caused for any reason. It is the Offeror’s sole responsibility to submit its Proposal before the required deadline. Hard copy, electronic and facsimile submittals will not be accepted.

SECTION 4: QUALIFICATIONS

Qualifications

The Prime Consultant MUST be prequalified by GDOT in the area classes listed below:

Number Area Class

3.02 Two-Lane or Multi-lane Urban Roadway Design

3.13 Facilities for Bicycles and Pedestrians

The Consultant (the prime or one or more of the subconsultant(s) MUST be GDOT pre-qualified in the following areas of work:

Number Area Class

1.13 Non-Motorized Transportation Planning

3.02 Two-Lane or Multi-lane Urban Roadway Design

3.08 Landscape Architecture Design

3.10 Utility Coordination

3.12 Hydraulic and Hydrological Studies (Roadway)

3.13 Facilities for Bicycles and Pedestrians

5.01 Land Surveying

5.02 Engineering Surveying

5.05 Photogrammetry

5.08 Overhead/Subsurface Utility Engineering (SUE)

6.01(a) Soil Survey Studies

6.01(b) Geological and Geophysical Studies

6.03 Hydraulic and Hydrologic Studies (Soils & Foundation)

6.05 Hazardous Waste Site Assessment Studies

9.01 Erosion, Sedimentation, and Pollution Control Plan

In addition to input provided by the City staff, design of the Project will be guided by the following City documents:

• Sandy Springs Development Code

• Sandy Springs Technical Manual

• PCID Public Space Standards (Latest Version)

SECTION 5: CONTENTS OF PROPOSAL AND EVALUATION CRITERIA

The RFP and Proposals will enable the City to gather additional information and identify qualified companies to perform the Scope of Services described in Section 2. The City will conduct a comprehensive, fair and impartial evaluation of all Proposals received. An evaluation committee (“Evaluation Committee”) will be established by the City to evaluate Proposals. The City reserves the right, among others, to determine that no qualified Proposals have been received and reject all Proposals. Please limit responses to thirty seven pages.

Contents of Proposal

A Proposal shall contain two (2) components: (1) Technical Proposal; and (2) Fee Proposal. The Technical Proposal and Fee Proposal shall contain the information described below. It is not necessary or desirable to prepare an elaborate or extensive Proposal for this Project; detailed brochures, documentation, artwork, or other superfluous embellishments are unnecessary and are, in fact, discouraged.

Proposals will be scored and ranked based upon how well the Offeror demonstrates its knowledge and understanding of the evaluation criteria described herein. The City reserves the right to short list and conduct interviews should the need arise to complete the selection process.

The Technical proposal evaluation criteria consist of the following

A. Company overview (one (1) page)

B. Name of proposed Project Manager (four (4) pages maximum)

Provide information pertaining to the Project Manager, including, but not limited to:

1. Education

2. Registration

3. Relevant engineering experience

4. Relevant project management experience of similar complexity, size, scope, and function as this Project (five (5) projects maximum)

The City shall be offered the opportunity to approve any future change to this personnel.

C. Key Team Leaders

Provide experience of Key Team Leaders, to include, but not limited to (seven (7) pages maximum):

1. Education

2. Registration

3. Relevant experience in the applicable resource area (three (3) projects max.)

The City shall be offered the opportunity to approve any future change to these personnel.

Resumes for Project Manager and Key Team Leaders may be included in an Appendix

D. Prime Consultant Experience

Provide information on the prime consultant’s experience and ability to deliver effective services for projects of similar complexity, size, scope, and function as the Project described in this RFP Describe no more than five (5) projects, in order of most relevant to least relevant. Information should include (two

(2) pages per project):

Client name, project location, and dates during which services were performed.

1. Description of overall project and services performed by your firm.

2. Duration of project services provided by your firm, and overall budget.

3. Client(s) current contact information including names, email addresses, and telephone numbers.

4. Involvement of Key Team Leaders on the projects.

5. Description of QA/QC (quality control) program for projects to ensure accuracy and completeness of submittals.

E. Resources

Provide information regarding the overall resources dedicated to delivering the specific project, including (five

(5) pages maximum):

1. Identify and discuss the primary office that will be responsible for handling the specific project and the number and types of staff within the office, as well as how this office could benefit the project and promote efficiency.

2. Narrative on Additional Resource Areas and Ability – Respondents are allowed one (1) page to provide information regarding additional resource areas identified as important to the Project, to discuss how the key areas will integrate and work together on the Project, and discuss any information that is pertinent to these areas. Respondents may discuss the advantages of the team and the abilities of the teams members will enable the project to meet the proposed schedule.

F. Technical Approach (ten (10) pages maximum)

1. General Design Understanding:

a. All aspects of sidewalk design as well as, but not limited to storm water design, retaining wall design to include foundation investigation, utility adjustments, and specialized expertise as needed

b. Right of way required to construct the Project

c. City of Sandy Springs Development Code and Technical Manual

d. PCID Public Space Standards

e. ADA design requirements

f. Development of Project cost management

g. Development of construction documents for bidding, to include preparing special provisions and assessment of contractor bids, as well as to include bid tabulation

2. Base Data Coordination/Survey

3. Utility Coordination

4. Landscape Architecture

The score of the Proposal totals a possible maximum of ninety (90) points. The required elements of discussion for the four (4) Technical Proposal evaluation criteria and the possible maximum individual scores are:

TECHNICAL

PROPOSAL CRITERIA

DESCRIPTION POINTS

Project Manager and

Key Team Leaders proposed to manage this Project

The credentials and experience of the person(s) assigned to our relationship and management team. Provide professional qualifications and description of experience for principal Project staff. The Project Manager’s resume must be included. (At this stage, firms are being asked for information on lead staff only, but may list qualifications and experience on more than one lead individual who are being proposed for services to the City.

Prime Consultant

Experience

Provide information on the firm’s experience with clients of similar type, size, function, and complexity. Describe no more than five (5) projects, in order of most relevant to least relevant, which demonstrate the firm’s capabilities to perform services for the City. For each account, the following information should be provided:

A. Client name, locations and dates during which services were performed.

B. Clear description of overall project and services performed by your firm.

C. Description of QA/QC program for projects for projects referenced

Resources Identify and discuss the primary office that will be responsible for handling the specific project and the number and types of staff within the office, as well as how this office could benefit the Project and promote efficiency.

Narrative on Additional Resource Areas and Ability – Respondents are allowed one page to provide information regarding additional resource areas identified as important to the Project, to discuss how the key areas will integrate and work together on the Project, and to discuss any information that is pertinent to these areas. Respondents may discuss the advantages of the team and the abilities of the team members which will enable the Project to meet the proposed schedule.

Technical

Approach/Schedule

Consultants are required to describe the procedures and methods that the firm will to use to achieve success in the Project. Describe your firm’s general design understanding with respect to, all aspects of sidewalk design as well as, but not limited to storm water design, retaining wall, design to include foundation investigation, utility adjustments, and specialized expertise as needed. Consideration will also need to be given for base data coordination, utility coordination, and landscape architecture. Include a schedule for timely completion of the Scope of Work. Information should be provided on the amount of time for each task.

Fee Proposal

A Fee Proposal shall demonstrate competitive and innovative pricing sheet that incorporates all direct and indirect cost associated with the project. The Fee

Proposal shall be provided in Bonfire.

Total Points 100

Fee Proposals will be evaluated for technically qualified Offerors after the Technical Proposal evaluation is completed. The Fee Proposal is rated by giving the Proposal with the lowest total cost the maximum number of points available (10 points).

While the fee proposed for performing the scope of work is an important consideration for contract award, it is not the only factor upon which award will be made. The City reserves the right to award other than the low Fee Proposal.

Selection Process

1. Interviews

At the City’s discretion, selected Offerors may be interviewed as a part of Proposal evaluation based upon the criteria set out in the RFP, and other qualities demonstrated by the Offeror to differentiate itself from other submittals, such as unique qualities, methodologies, or approaches. Selected Offerors may be asked to provide additional information to the Evaluation Committee regarding demonstrated competence and qualifications, feasibility of implementing the Project as proposed, ability to meet schedules, costing methodology, or other factors as appropriate.

2. Additional Information

Any information requested by the Evaluation Committee subsequent to the Offeror’s initial Proposal evaluation will be used to further evaluate the selected Offerors to determine a rank-order. The Evaluation Committee will make a recommendation for award, but Mayor and City Council shall have final approval of any award resulting from this solicitation.

3. Financial Information

Information regarding the firm’s financial history and stability may be required. Upon request, the Offeror shall submit the most recent two (2) years of audited financial statements.

4. Negotiation and Best and Final Offer

a. If the City deems it is in its best interest to retain the services of one (1) or more Offerors, it reserves the right to negotiate a revised scope and/or fees. Negotiations will encompass all phases of work, including but not limited to, any other items the City deems appropriate.

b. If negotiations are successful, the City and the highest-ranking Offeror will enter into a contract to perform the services outlined in this RFP. If an acceptable agreement cannot be reached between the City and the highest-ranking Offeror, the City may choose to negotiate with other Offeror(s).

c. Qualified firms submitting Proposals may be required to submit financial statements for a minimum of two (2) recording periods prior to contract award.

d. Separate meetings with more than one (1) Offeror may be conducted during the same timeframe;

however, negotiation sessions with an Offeror will not be held in the presence of another Offeror.

e. Offerors submitting Proposals should be aware that the Evaluation Committee has sole discretion to determine what offer is in the best interest of the City. Consequently, Offerors are urged to submit the best possible terms in their original submittal.

f. The City reserves the right to request a best and final offer from top ranking Offerors. A best and final offer is an Offeror’s response to the City’s request for the last and most attractive offer to secure a contract for the Project.

SECTION 6: PRE-SUBMITTAL INQUIRIES

All questions or requests for clarification shall be sent via Bonfire under Message - Opportunity Q&A:

https://sandysprings.bonfirehub.com/projects/106681/details or directed to: purchasing@sandyspringsga.gov.

Questions are due no later than October 20, 2023, 5:00 pm EST. Questions received after this date and time may not be answered.

Questions and clarifications will be answered in the form of an addendum. Any addenda, schedule changes and other important information regarding this procurement will be posted on Bonfire at:

https://sandysprings.bonfirehub.com/projects/106681/details

It is the Offeror’s responsibility to check Bonfire frequently for any addenda or other communications related to this procurement.

SECTION 7: COMMUNICATIONS

Questions or comments regarding this procurement shall be submitted in writing via e-mail to the Procurement Officer ONLY (see address below). The Offeror shall clearly reference the section and page numbers of the RFP which are applicable to the question(s) or comment(s) submitted.

Note: Oral questions will not be accepted due to the possibility of misunderstanding or misinterpretation.

Offerors are encouraged to submit questions or comments by no later than October 20, 2023, 5:00 p.m. EST, to allow for analysis and dissemination of the City's responses in advance of the Proposal due date. Questions received after this date and time may not be answered.

The principal point of contact for this procurement is the Procurement Officer, Ericka Kelly, Contract Specialist for the City. Ms. Kelly can be reached via e-mail at purchasing@sandyspringsga.gov. Until a Contractor is selected and the selection is announced regarding the procurement, elected officials, Evaluation Committee members, employees of the City, and contracted personnel receiving information and documents regarding this procurement are not allowed to communicate regarding the procurement for any reason with any potential or interested contractors, vendors, City staff, or contracted personnel except through the City's Procurement

Officer or designated successor.

For violation of this restriction, the City reserves the right to reject the Proposal of any potential or interested contractor or vendor who knowingly participates in such violation. Any City staff or elected officials who violate this restriction acknowledge such conduct may result in an ethics violation pursuant to the City's ethics ordinance and/or disqualification from further participation in, or briefing on, the procurement. All communications concerning this procurement must be directed to the Procurement Officer named in this procurement.

https://sandysprings.bonfirehub.com/projects/view/TBD

SECTION 8: SCHEDULE OF EVENTS*

EVENT DATE

RFP Release Date 9/27/23

Pre-Proposal Meeting (Non-Mandatory) 10/4/23 (3:00PM)

Deadline for Receipt of Inquiries 10/18/23

Deadline for Posting Written Answers to Inquiries 10/26/23

Proposal Due Date 11/3/23

Proposal Evaluations Completed 11/10/23

Presentations/Interviews (Optional) TBD

Final Selection 11/27/23

*This proposed schedule of events is informational and is subject to change at the discretion of the City.

SECTION 9: TERMS AND CONDITIONS

All Proposals and supporting materials as well as correspondence relating to this procurement become property of the City when received. Any proprietary information contained in the Proposal shall be so indicated; however, a general indication that the entire contents, or a major portion, of the Proposal is proprietary will not be honored. The following terms and conditions shall also apply:

1. All applicable federal and state laws and City ordinances, licenses and regulations of all agencies having jurisdiction shall apply to Offerors throughout the solicitation and the Project and are incorporated herein.

2. Professionals requiring special licenses shall be licensed in the State of Georgia, and shall be responsible for those portions of the work as may be required by law.

3. No Proposal shall be accepted from, and no contract shall be awarded to, any person, firm, or corporation that (i) is in arrears to the City with respect to any debt, (ii) is in default with respect to any obligation to the City, or (iii) is deemed irresponsible or unreliable by the City.

4. The City shall be able to request of an Offeror satisfactory evidence that it has the necessary financial resources to accomplish the requirements of the contract.

5. From the date this RFP is issued until a Consultant is selected, Offerors are not allowed to communicate with any staff or elected officials of the City regarding this procurement, except at the direction of Ericka Kelly, Contract Specialist and Procurement Officer for this procurement. Any unauthorized contact may disqualify the Offeror from further consideration. Contact information for the single point of contact is as follows:

Ericka Kelly, Procurement Agent

City of Sandy Springs 1 Galambos Way

Sandy Springs, Georgia 30328 E-mail: purchasing@sandyspringsga.gov

6. While the City has every intention to make an award as a result of this procurement, issuance of the RFP in no way constitutes a commitment by the City to award and execute a contract. Upon a determination such actions would be in its best interest, the City, in its sole discretion, reserves the right to:

a. Cancel or terminate this RFP at any time. A notice of cancellation will be issued if the RFP is cancelled.

Preparation of a Proposal is the Offeror’s sole financial responsibility.

b. The City will not reimburse any Offeror for preparation of its Proposal. Proposals may be returned upon request, if unopened.

c. Reject any or all Proposals received, make a contract award based directly on the Proposals received in the best interest of the City, in its sole discretion, or enter into further discussions with one (1) or more Offerors.

d. Waive and/or amend any undesirable, inconsequential, or inconsistent provisions/specifications of this RFP which would not have significant impact on any Proposal.

e. Make partial award or no award if it is in the best interest of the City to do so.

f. Terminate any contract if the City determines adequate funds are not available or if it is in the City’s best interest to do so.

SECTION 10: CONTRACT INFORMATION

The form of agreement (“Model Contract”) the City intends to execute with the selected Offeror is included in this RFP as Attachment A. Offerors are urged to read this Model Contract carefully prior to submitting a Proposal.

In general, the City is unable to negotiate or revise contract provisions. If an Offeror believes certain contract provisions are out of date, not applicable or place an undue burden or cost on the Offeror or the City, the Offeror shall address these concerns in writing during the pre-submittal inquiries period. The Procurement Officer will review and determine the appropriate response. If the City determines a change is warranted; an addendum will be posted to this RFP. If an Offeror is unwilling to execute the Model Contract, whether modified by addendum or not, a Proposal should not be submitted.

The City may deem any Proposal containing contract changes or exceptions non-responsive and reject the Response.

This RFP document, together with its addenda, amendments, attachments, modifications, Offeror’s Proposal, including any amendments, a “best and final offer,” and any clarification question responses, when executed, becomes part of the contract between the parties. The City does not intend to accept alternate terms and conditions to the Model Contract. All questions are due in writing no later than the date stated on the first page of this RFP. Questions received after this date and time may not be answered.

Prior to award, the apparent selected Offeror may be required to enter into discussions with the City to resolve any contractual differences before an award is made. These discussions shall be finalized and all exceptions resolved within one (1) week of notification; if not, the Proposal may be rejected and discussions initiated with the second highest scoring Offeror.

The selected Offeror shall not begin performance of services requested by this RFP prior to the execution of a formal agreement (based on the Model Contract) by the City and selected Contractor. Any Contractor beginning performance prior to the execution of a formal agreement shall be deemed to be proceeding at the Contractor’s risk, and shall not be entitled to any compensation for such performance. In addition, the City reserves the right to withdraw or cancel an award.

The City may, by written notice to the selected Offeror, terminate any resulting agreement without cause. The City must give notice of termination to the selected Offeror at least thirty (30) days prior to the effective date of termination.

ATTACHMENT A

Model Contract

AGREEMENT

This Agreement (“Agreement”) is made this ______ day of _________________ by and between _________________________________________________________________ (“Contractor”), located at

______________________________________________ and the City of Sandy Springs, Georgia (“Sandy

Springs”).

WITNESSETH:

WHEREAS, Contractor is engaged in the business of design services, project management, and field investigations; and

WHEREAS, Sandy Springs has a need to acquire design services described in the Scope of Services and/or Contractor Proposal attached hereto as Exhibit A (“Services”); and

WHEREAS, Contractor is willing and able to render the Services and wishes to perform the Services for Sandy Springs; and

WHEREAS, Sandy Springs wishes to acquire the Services from Contractor;

NOW, THEREFORE, in consideration of the mutual terms, conditions and covenants set forth herein, the parties hereto agree as follows:

1. Services.

Contractor hereby agrees to render the Services to Sandy Springs as set forth in the Scope of Services and/or Contractor Proposal attached hereto as Exhibit A and incorporated herein by this reference. Contractor agrees to perform the Services at the direction of the project manager or designee, in the manner and to the extent required by the parties herein, as may be amended hereafter in writing by mutual agreement of the parties.

2. Compensation.

a. Fee. As consideration for the Services, Sandy Springs shall pay to Contractor the fee described in Exhibit B attached hereto and incorporated herein by this reference.

b. Manner of Payment. Contractor shall, on a monthly basis, prepare and submit to the Sandy Springs Finance Department an invoice, indicating work performed and approved and additional expenses incurred during the applicable time period, together with such supporting documentation as may be required by Sandy Springs. Each compliant invoice shall be paid within thirty (30) days after submission of an invoice.

3. Relationship of Parties.

a. Independent Contractors. Nothing contained herein shall be deemed to create any relationship other than that of independent contractor between Sandy Springs and Contractor This Agreement shall not constitute, create, or otherwise imply an employment, joint venture, partnership, agency or similar arrangement between Sandy Springs and Contractor. It is expressly agreed that Contractor is acting as an independent contractor and not as an employee in providing the Services under this Agreement.

b. Employee Benefits. Contractor shall not be eligible for any benefit available to employees of

Sandy Springs including, but not limited to, workers’ compensation insurance, state disability insurance, unemployment insurance, group health and life insurance, vacation pay, sick pay, severance pay, bonus plans, pension plans, or savings plans.

c. Payroll Taxes. No income, social security, state disability or other federal or state payroll tax will be deducted from payments made to Contractor under this Agreement. Contractor shall be responsible for all FICA, federal and state withholding taxes and workers’ compensation coverage for any individuals assigned to perform the Services for Sandy Springs.

4. Term.

This Agreement shall become effective as of the date of its execution, shall continue in effect until the completion of the work stated in Exhibit A, Scope of Services and/or Contractor Proposal. The term of the Agreement will be contingent upon annual appropriations of funds by the Sandy Springs City Council. The Agreement will terminate at the close of the Project.

5. Termination.

Either party shall have the right to terminate this Agreement if the other party is in default of any obligation hereunder and such default is not cured within ten (10) days of receipt of a notice from the other party specifying such default. “Default” shall mean:

a. If Sandy Springs fails to make payments when due or fails to perform or observe any of its duties or obligations under the terms of this Agreement;

b. If Contractor fails to perform or observe any of its duties or obligations under the terms of this

Agreement;

c. If Sandy Springs or Contractor shall have made any warranty or representation in connection with this Agreement which is found to have been false at the time such warranty or representation was made and is materially harmful to the other party.

d. This Agreement may also be terminated by either party by giving written notice thirty (30) days prior to the effective date of termination.

If this Agreement is terminated pursuant to this paragraph, Contractor shall be exclusively limited to receiving only compensation for the work performed and appropriately documented to and including the effective date identified in the written termination notice.

6. Termination of Services and Return of Property.

Upon the expiration or earlier termination of this Agreement, Contractor shall immediately terminate the Services hereunder and shall deliver promptly to Sandy Springs all property relating to the Services and any Work Product (as defined below), patents or copyrights covered by this Agreement. Work Product shall include, but not be limited to, all hardware and software, written, graphical, and recorded material, and any copies, abstracts or summaries thereof.

7. Standard of Performance and Compliance with Applicable Laws.

Contractor warrants and represents that it possesses the special skill and professional competence, expertise and experience to undertake the Services and the obligations imposed by this Agreement. Contractor agrees to perform in a diligent, efficient, competent and skillful manner commensurate with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances, and to otherwise perform as in necessary to undertake the Services required by this Agreement, including the requirements set forth in the Certification of Contractor - Georgia Security and Immigration Compliance Act attached hereto as Exhibit C, in the Certification of Sponsor Drug Free Workplace attached hereto as Exhibit D, and in the Affidavit Verifying Status for City Public Benefit Application attached hereto as Exhibit E, Contractor Affidavit under O.C.G.A. § 13-10-91(b)(1) attached hereto as Exhibit F, and agrees to execute and provide such certifications to Sandy Springs, which are incorporated into and made a part of this Agreement.

8. Conflicts of Interest.

Contractor warrants and represents that:

a. the Services to be performed hereunder will not create an actual or apparent conflict of interest with any other work it is currently performing; and

b. Contractor is not presently subject to any agreement with a competitor or with any other party that will prevent Contractor from performing in full accord with this Agreement; and

c. Contractor is not subject to any statute, regulation, ordinance or rule that will limit its ability to perform its obligations under this Agreement; and

d. Contractor shall be free to accept other work during the term hereof; provided, however, that such other work shall not interfere with the provision of Services hereunder.

9. Proprietary Information; Non-Solicitation.

Contractor acknowledges that it may have access to and become acquainted with confidential and other information proprietary to Sandy Springs including, but not limited to, information concerning Sandy Springs, its operations, customers, citizens, business and financial condition, as well as information with respect to which Contractor has an obligation to maintain confidentiality (collectively referred to herein as “Proprietary Information”). Contractor agrees not to disclose, directly or indirectly, to anyone or to use or to allow others to use, for any purpose whatsoever, any Proprietary Information of any type, whether or not designated confidential or proprietary, acquired in the course of performing under this Agreement. The obligations of Contractor under this section shall survive the termination of this Agreement.

10. Insurance and Indemnification.

Contractor shall indemnify the City, its officers, agents, servants and employees from and against any and all liability for damages, losses, or expenses to the extent caused by or resulting from the negligence, recklessness, or intentionally wrongful conduct of the Contractor or other persons employed or utilized by the Contractor in the performance of this Agreement. Insurance requirements are attached hereto as Exhibit G and incorporated herein by this reference.

11. Non-Discrimination

During performance of this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender, national origin, age, disability, or military or veteran status, or any other status or classification protected by applicable federal, state and local laws. This practice shall apply to all terms and conditions of employment, including but not limited to, hiring, placement, promotion, termination, layoff, recall, transfer, leave of absence, compensation, and training.

Contractor shall undertake equal employment opportunity efforts to ensure that applicants and employees are treated without regard to their race, color, religion, sex, sexual orientation, gender, national origin, age, disability, or military or veteran status, or any other status or classification protected by applicable federal, state and local laws. Contractor's equal employment opportunity efforts shall include, but not be limited to, all terms and conditions of employment, including but not limited to, hiring, placement, promotion, termination, layoff, recall, transfer, leave of absence, compensation, and training.

Contractor shall, in all solicitations or advertisements for employees placed by, or on behalf of…