24_066 Design Guidelines for the City of Sand.pdf

RFP #24-066

REQUEST FOR PROPOSALS (“RFP”)

Design Guidelines for the City of Sandy Springs

PROPOSALS DUE: June 27, 2024, at 2:00 PM EST

NON-MANDATORY PRE-PROPOSAL CONFERENCE JUNE 5, 2024, 10:00 A.M. EST VIA ZOOM

https://us06web.zoom.us/j/8146434147?pwd=enE0QWhqUVJQYlJvdlVRZjdtQmorQT09&omn=86191326796

Meeting ID: 814 643 4147 Passcode: K6qKVp

13126266799,,8146434147#,,,,*495973# US (Chicago) +16465588656,,8146434147#,,,,*495973# US (New York)

Firms responding to this RFP (“Offeror(s)”) shall submit sealed proposals (“Proposal(s)”) to be received by the City of Sandy Springs (“City”) no later than June 27, 2024, 2:00 PM EST. The City will only accept online submissions for this RFP through the Bonfire Portal at https://sandysprings.bonfirehub.com/projects/view/135579 (“Bonfire”). A 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, Edward McAdoo III, purchasing@sandyspringsga.gov.

2. All questions or requests for clarification must be sent via Bonfire under Vendor Discussion:

https://sandysprings.bonfirehub.com/projects/view/135579. Questions are due no later than June 11, 2024, 5:00 PM 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/view/135579. It is the Offeror’s responsibility to check

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

4. The form of contract (“Contract”) the City intends to execute with the selected Offeror is included as Attachment A for review. Offerors are urged to read this 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://us06web.zoom.us/j/8146434147?pwd=enE0QWhqUVJQYlJvdlVRZjdtQmorQT09&omn=86191326796 https://sandysprings.bonfirehub.com/projects/view/ https://sandysprings.bonfirehub.com/projects/view/ 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https://sandysprings.bonfirehub.com/projects/view/17847 believes certain contract provisions are out of date, not applicable or place an undue burden or cost on the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 Contract, whether modified by addendum or not, a Proposal should not be submitted.

5. 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.

6. 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.

7. The City is not responsible for any technical related 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: PURPOSE

SECTION 2: BACKGROUND

SECTION 3: GUIDELINES CONTENT

SECTION 4: DELIVERABLE PRODUCTS

SECTION 5: SEQUENCE OF WORK

SECTION 6: PROPOSAL SUBMITTAL REQUIREMENTS

SECTION 7: EVALUATION

SECTION 8: PRE-SUBMISSION INQUIRIES

SECTION 9: SUBMITTALS

SECTION 10: COMMUNICATIONS

SECTION 11: SCHEDULE OF EVENTS

SECTION 12: TERMS AND CONDITIONS

SECTION 13: CONTRACT INFORMATION

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.

Print/Type Offeror Name Here: _______________________________________________

Authorized Signature for Offeror: _______________________________________________ Print/Type Signatory Name: _______________________________________________ Date: _______________________________________________

CORPORATE CERTIFICATE

I, _________________, certify that: I am the Secretary 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 ___________________________, 2024.

(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 this RFP will be posted at https://sandysprings.bonfirehub.com/projects/view/135579.

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 in the procurement package, if any.

8. _______ Review the RFP document again to make sure that you have addressed all requirements. The submittal in Bonfire will be provided to individuals evaluating

Proposals and will be used to rank your Proposal.

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: PURPOSE

The purpose of this Request for Proposals (RFP) is to obtain proposals from qualified individuals, firms, or teams interested in assisting with the creation of Design Guidelines (“Guidelines”) for the City of Sandy Springs, Georgia.

The Guidelines and accompanying text amendments will serve as a resource to the City’s professional staff, Planning Commission, City Council, residents, property owners, and business owners. The City’s primary goal in creating these Guidelines is to assure to the greatest extent possible that future development and redevelopment reflects the physical development patterns and urban design qualities expressed in our adopted planning documents, from large-scale development patterns to individual building details.

The Guidelines will address exterior characteristics of new development and redevelopment of sites and structures in six primary commercial and mixed-use areas in the City of Sandy Springs. These areas include:

1. Greater City Springs

2. Perimeter

3. North End

4. Powers Ferry

5. Neighborhood Village

6. Crossroads

The geographic boundaries for these areas are generally described on the map below, in the Small Area

Plan supplements to the City’s Next Ten Comprehensive Plan, and in other area plans as noted below.

SECTION 2: BACKGROUND

Sandy Springs is a city of approximately 107,000 residents directly bordering Atlanta, Georgia to the south.

The City was incorporated in 2005 and encompasses all the area of Fulton County between the City of Atlanta’s northern border and the Chattahoochee River, an area of approximately 38 square miles.

The City has developed a mixed-use municipal complex, “City Springs,” updated its Comprehensive Plan, formulated a variety of specialized plans, and created the Development Code to replace its outdated zoning code. In addition to the broad standards adopted in the Development Code, the City sees it may be appropriate to have additional individualized design guidelines for different geographical areas of the City. Confirming this preliminary assessment will be part of The Scope of Work for this project.

Relevant planning documents include, but are not limited to:

• The Next 10 Sandy Springs Comprehensive Plan, 2022 Update, and associated Small Area Plans and updates

• City Springs Master Plan and Master Plan Update

• Sandy Springs North End Redevelopment Concepts

• Sandy Springs Strategic Economic Development Plan

• Sandy Springs Art in Public Places Plan

• Trail Master Plan

• Transportation Master Plan

• Roswell Road Access Management Plan

Most City plans and initiatives may be accessed through this link:

https://www.sandyspringsga.gov/urban-development

The City anticipates the scope of work will fall into three stages. Staff anticipate six phases within each stage of the project, but the Consultant may provide an alternative phasing approach.

Stage 1: Guidelines for City Springs and Central Perimeter Stage 2: Guidelines for North End and Powers Ferry Stage 3: Guidelines for Neighborhood Village and Crossroads

The following are only suggested phasing components for each stage; alternate suggestions are encouraged:

• Phase I: Project Start-up, Data Gathering and Analysis

• Phase 2: Preliminary guidelines and staging development and staff assessment

• Phase 3: Public, Planning Commission and Council Review and Comment

• Phase 4: Final Guidelines Preparation, Review and Presentation

• Phase 5: Required Public Hearings & Adoption by Mayor and Council

• Phase 6: Staff Training for Implementation https://www.sandyspringsga.gov/urban-development

The consultant chosen to partner with the City’s planning staff in preparing and finalizing the Guidelines will have the following responsibilities (at a minimum), with the assistance and cooperation of City staff to implement the stages listed above:

a. Manage the overall Design Guideline creation process and schedule throughout each stage.

b. Analyze existing conditions, documents, plans and policies, including site visits to all identified areas to be considered for specific guidelines.

c. Evaluate the character, common architectural and urban design characteristics, and desired architectural and urban design characteristics in the City of Sandy Springs’ various commercial and mixed-use areas.

d. Conduct in-person interviews with Planning Commission and the Mayor and City Council. Provide regular updates on project progress to Planning Commission and City Council.

e. Facilitate robust in-person and virtual opportunities for public participation during the guidelines development process, including the following:

i. Create and conduct image preference surveys

ii. Host Stakeholder Roundtables

iii. Host at least three (3) Public Open House Meetings for each geographic area

iv. Offer pop-up style engagement opportunities at City events and other locations as appropriate. The scope should include at least 2 pop-up engagement opportunities for each geographic area.

v. Provide at least two (2) Planning Commission and two (2) City Council Work Session updates for each stage of the Project

vi. Participate in Planning Commission and Mayor and City Council meetings for Guideline adoption for each stage of the Project.

f. Propose an implementation plan and associated staffing structure to effectively promote and administer implementation of the Guidelines

g. Prepare all draft and final plan documents to be presented at no less than two public hearings.

h. Conduct training sessions for City staff for effective implementation and use of the Guidelines

i. Create deliverable products, as indicated below.

A detailed breakdown of the anticipated work products and sequence of work for each phase is provided in Sections 3, 4 & 5 below.

SECTION 3: GUIDELINES CONTENT

The Design Guidelines are intended to address several items for each guidelines area under consideration, although the City is open to additional and/or alternative considerations for ways to promote and encourage the highest design quality throughout the City).

These characteristics are addressed at some level in the City’s Development Code and Technical

Manual. A component of the scope of work will be determining what additional detail, if any, is desirable for each and, if so, whether it should be included in the Guidelines or added to the

Development Code or Technical Manual standards.

A. Districts

• Guidelines Areas definition/delineation B. Building-Street Relationship

• Retail

• Office & Commercial

• Multi-Unit

• Single-Unit Attached and Detached

C. Site & Building Design

• Mixed Use

• Building Massing & Proportions

• Site coverage/Greenspace/Plazas/Courtyards

• Site Access & On-site Circulation

• Stylistic Treatments / Façade Requirements

• Building Materials

• Landscaping & Site Lighting

D. Parking

• Structured

• Surface

E. Signage

• Materials

• Colors

• Lighting

• Size and Location

F. Definitions G. Administration

Components of this section are to include recommendations for a staff-based design review process, staffing and organization for the process, including integration with the City’s Economic Development team. Complimentary approaches should be considered, such as an “alternative compliance” process whereby applicants may utilize the Guidelines and proceed through the review process at staff level or opt out of the Guidelines and proceed through the review process requiring review and approval of the Planning Commission and Council.

SECTION 4: DELIVERABLE PRODUCTS

Phase 1:

1. Proposed Project Delivery Schedule

2. Define Project Goals

3. Summary of background materials used

4. Summaries of any site visits or City assessment tours

5. Analysis of Development Code and Technical Manual standards in light of project and plan goals

6. Finalize project schedule

7. Public Participation Plan Development and Approval

Phase 2:

1. Proposed Guidelines structure and organization, including recommendations for project phasing

Phase 3:

1. Presentation materials, including digital presentations, surveys, meeting display boards, and any other relevant materials

2. Public Open House and other forms of engagement, as well as Planning Commission, Mayor and Council, and any other needed Presentations

3. Summary of Public and Council Presentations and Input

4. Draft Guidelines framework and requisite text amendments document creation

Phase 4:

1. Presentation materials, including digital presentations and meeting display boards

2. Planning Commission and City Council Presentation(s)

3. Public Open House and other forms of engagement and any other needed Presentations

4. Final Draft Guidelines document(s)

Phase 5:

1. Graphically appealing presentation materials, including digital presentations and meeting display boards

2. Graphically appealing documents prepared for adoption and implementation, including associated Work Program

3. Easy, “how-to” use Design Guidelines brochure(s) or similar content for residents and developers

3. Planning Commission and Council Presentations

4. Content and design recommendations for posting to Municode and an online guidelines page(s) for inclusion on the City’s website

Phase 6:

1. Training Session Curricula and Digital Presentations for consultants to instruct City staff on Goals, Principles and Details of the Design Guidelines, how they interact with the Development Code and Technical Manual and their day-to-day implementation (minimum 4 classes). Deliverables will include recordings of all sessions, associated presentations, and Standard Operating Procedures.

SECTION 5: SEQUENCE OF WORK

The following is a proposed sequence of work for the creation of the Design Guidelines and accompanying text amendments. Proposals should include a suggested chronology for this sequence of work or the proposal of an alternative sequence and timeline to accomplish development of the Guidelines.

1. Contract with Consultant

2. In-Person meeting and site visit

3. Draft Schedule Developed

4. Public Open House(s) and associated public feedback opportunities

5. Complete preliminary draft Guidelines

6. Public Open Houses(s) and associated public feedback opportunities

6. Complete final draft Guidelines

7. Present Guidelines to Sandy Springs Planning Commission

8. Final Guidelines adopted by Sandy Springs City Council

9. Staff training sessions

SECTION 6: PROPOSAL SUBMITTAL REQUIREMENTS

A. Proposal Submission

1. Economy of Presentation. Each Proposal shall be prepared simply and economically, providing straight-forward, concise delineation of the Offeror's capabilities to satisfy the requirements of this RFP. Colored displays and promotional materials are not required or encouraged. Each Proposal must emphasize completeness and clarity of content. To expedite evaluation of Proposals, it is essential that Offerors follow the format and instructions contained herein.

2. Form of Submittal. Proposals will be submitted and evaluated in three (3) components:

Technical Proposal, Cost/Fee Proposal, and Past Performance/Reference. All components shall be submitted separately through Bonfire at:

https://sandysprings.bonfirehub.com/opportunities/135579 no later than 2:00 p.m. EST on June 27, 2024.

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.

Proposals failing to comply with the instructions contained in this RFP may be found to be nonresponsive. The City may also choose not to evaluate, may deem nonresponsive, and/or may disqualify from further consideration any Proposals that do not follow the format required by this RFP, are difficult to understand, are difficult to read, or are missing any requested information.

3. Late Submissions, Withdrawals, and Corrections

a. Late Proposal. Regardless of cause, late Proposals will not be accepted and will automatically be disqualified from further consideration. It shall be Offeror’s sole risk to assure submittal to Bonfire by the designated time.

b. Proposal Withdrawal. An Offeror requesting to withdraw its Proposal prior to the Proposal due date and time may submit a letter to the Purchasing Officer requesting to withdraw. The letter must be on Offeror’s letterhead and signed by an individual authorized to legally bind Offeror.

An Offeror requesting to withdraw after the Proposal has been opened will be required to submit a letter with documented facts supporting the reason for withdrawal within two (2) business days of the opening. The letter must be on Offeror’s letterhead and signed by an individual authorized to legally bind the firm. The Offeror must present clear and convincing evidence that an unintentional error was made. Generally, Proposal withdrawals after Proposal due date/time for reasons other than obvious clerical errors are not permitted.

https://sandysprings.bonfirehub.com/opportunities/85849

c. Proposal Correction. If an error is If an error is discovered prior to the opening of a Proposal, an Offeror may submit a corrected Proposal. The corrected Proposal should be clearly marked that it supersedes the Proposal originally submitted. If an obvious clerical error is discovered after the Proposal has been opened, Offeror may submit a letter to the Purchasing Officer within two (2) business days of opening, requesting that the error be corrected. The letter must be on Offeror’s letterhead and signed by an individual authorized to legally bind Offeror. The Offeror must present clear and convincing evidence that an unintentional error was made. The Purchasing Officer will review the correction request and a judgment will be made. Generally, modifications to opened Proposals for reasons other than obvious clerical errors are not permitted.

B. Proposal Contents

Proposals shall be submitted to the City of Sandy Springs Purchasing Department, as noted below.

Proposals should be limited to twenty (20) pages and include:

Section I: Capabilities and Approaches

a. Cover Letter

b. Statement of project understanding

c. Strategy and implementation plan

e. Organization, staffing plan, and approximate distribution of work hours

f. Proposed Project sequence of work and timeline by Stage and Phase of Work;

g. Proposed detailed Project Schedule

h. Offeror’s plan for public engagement, including virtual and in-person opportunities for engagement as noted above

Section II: Past Performance/References

a. Qualifications of firm/project team and services provided.

b. Examples of at least three (3) similar projects completed within the last five years, including a description of the project, links to any relevant published documents, and a current, verified point of contact for project references (including name, title and organization, email address, and phone number)

The Cover Letter and project team resumes are not considered components of the 20-page maximum proposal document.

Section III. Cost/Price Proposal Cost/Price proposals shall be submitted as a separate document. The proposal should provide as much detail as possible broken down by stage and phase, including costs per public meeting, travel costs if applicable, etc.

SECTION 7: EVALUATION

A. General Information

The RFP and Proposals will enable the City to gather additional information and identify a qualified Offeror to perform the services described in the Scope of Services and specifications. The City will conduct a comprehensive, fair and impartial evaluation of all proposals received. An evaluation committee will be established by the City to evaluate the proposals (“Evaluation Committee”). The City reserves the right to determine that no qualified Proposals have been received and reject all Proposals.

B. Best Value Evaluation

The City will evaluate Proposals and select the Proposal that represents the best value for the City. By submission of its Proposal, the Offeror accedes to all requirements of this procurement, including terms and conditions, representations and certifications and technical requirements. Failure to meet a requirement may result in a Proposal being determined technically unacceptable.

C. Administrative Review

All Proposals received will be reviewed by the Purchasing Office, a division of the City’s Finance Department, to ensure that all administrative requirements of the RFP package have been met by the Offerors. Each Proposal shall be reviewed to ensure that the Offeror has followed all guidelines for Proposal submittal including, but not limited to: submission of a separately packaged Technical Proposal, Cost/Fee Proposal and Past Performance/References; only technical information is included in the Technical Proposal; only cost information is included in the Cost/Fee Proposal; and all documents requiring a signature have been signed and included. Failure to meet these requirements may be cause for rejection of a Proposal. All Technical Proposals that meet the administrative requirements will then be turned over to the Evaluation Committee for further consideration.

D. Scoring of Proposals

1. Technical Proposal. Utilizing the information submitted in response to Section 3 and elsewhere in this RFP, the Evaluation Committee will consider the following factors during the evaluation of the Technical Proposal:

a. Capabilities and Approaches: Provide a detailed and complete response for the items requested in Section 6, Paragraph B, Section I

b. Past Performance/Reference: Provide a detailed and complete response for the items requested in Section 6, Paragraph B, Section II

As part of the Technical Proposal evaluation, the City will contact some or all of the references listed by the Offeror in its Technical Proposal. The City may also obtain data independently from other governmental and commercial sources, at its sole discretion. The purpose of this evaluation is to allow the City to assess the Offeror’s ability to perform the effort described in this RFP based on the Offeror’s demonstrated past performance. The City may also visit current Offeror operated facilities to evaluate Offeror customer service, facility maintenance, and general appearance of such locations.

2. Past Performance-References

Any information received by the Evaluation Committee subsequent to the Offeror’s Proposal will be used to further evaluate the short-listed Offerors. Final approval of a selected Offeror is subject to the City’s Purchasing Policies.

3. Cost/Fee Proposal. Cost/Fee Proposals will be evaluated separately from Technical

Proposals. While the Cost/Fee Proposal is important to the City, cost will not be the sole determining factor in selecting an Operator. This is a best value evaluation, and the City reserves the right to award based on considerations other than the best Cost/Fee Proposal.

The City reserves the right to negotiate with one (1) or more Offerors should the City deem it is in its best interest to negotiate. To facilitate negotiations, the City reserves the right to revise and/or alter the Project scope. The City reserves the right to suspend negotiations with one (1) Offeror and to enter into negotiations with another Offeror.

Submission of a Proposal indicates the Offeror’s acceptance of the described evaluation methodology and the Offeror’s recognition that some subjective judgments must be made by the City.

The Cost/Fee proposal should include granular detail by Stage and Phase of project (as proposed).

Ancillary services proposed by the Offer not directly requested via this RFP shall include separate cost/fee information.

E. Formal Interviews and Presentations

After the initial Proposal evaluation, one (1) or more Offerors may be invited to meet with members of the Evaluation Committee for a formal interview. At the City’s discretion, selected Offerors may be interviewed and re-evaluated based upon additional information received in these meetings against criteria stated in this RFP. Offerors may be asked to provide the Evaluation Committee supplemental information regarding demonstrated competence and qualifications, feasibility of implementing the Project as proposed, ability to meet schedules, costing methodology, or other factors as appropriate.

Any information requested by the Evaluation Committee subsequent to submission of the Offeror’s Proposal will be used to further evaluate the selected Offerors. Final approval of a selected Offeror is subject to the City’s Purchasing Policies and the approval of the City’s governing body.

Formal interviews and presentations are anticipated to be held on the date(s) set forth in Section 8.

Each Offeror invited for formal interview will be contacted with a scheduled appointment time.

F. Negotiation and Best and Final Offer (as applicable)

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

2. If negotiations are successful, the City and the successful Offeror will enter into an agreement to develop the services as outlined in this RFP. If an acceptable agreement cannot be reached between the City and the successful Offeror, the City may choose to negotiate with other Offeror(s).

3. Separate meetings with more than one (1) Offeror may be conducted during the same time frame; however, negotiation sessions with an Offeror will not be held in the presence of another Offeror.

4. “Best and final offer” is an option available to the City under the RFP process, which permits the City to request a “best and final offer” from one (1) or more Offerors if additional information is required to make a final decision. Offerors may be contacted to request that they submit their “best and final offer,” which must include any and all discussed revisions.

Offerors submitting Proposals should be aware that the Evaluation Committee has sole discretion to determine what constitutes the “best value and offer” for the City. Consequently, Offerors are urged to submit their best possible terms in their original submittal.

SECTION 8: PRE-SUBMISSION INQUIRIES

All questions or requests for clarification shall be sent via Bonfire under Message – Vendor Discussions:

https://sandysprings.bonfirehub.com/projects/view/135579 or directed to: purchasing@sandyspringsga.gov.

Questions are due no later than June 11, 2024, 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/view/135579

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

SECTION 9: SUBMITTALS

Proposals shall be submitted through Bonfire at:

https://sandysprings.bonfirehub.com/opportunities/135579 no later than 2:00 PM EST on June 27, 2024.

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 10: COMMUNICATIONS

https://sandysprings.bonfirehub.com/projects/view/ https://sandysprings.bonfirehub.com/projects/view/TBD https://sandysprings.bonfirehub.com/opportunities/84189

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.

The principal point of contact for this procurement is the Procurement Officer, Edward McAdoo III, Senior Buyer for the City. Mr. McAdoo III can be reached via e-mail at purchasing@sandyspringsga.gov. Until an Operator 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.

SECTION 11: SCHEDULE OF EVENTS*

EVENT DATE

RFP Released May 22, 2024

Non-Mandatory Pre-Proposal Meeting June 5, 2024 (10:00 a.m.-11:00 a.m.)

Deadline for Receipt of Inquiries June 11, 2024

Deadline for Posting Written Answers to Inquiries June 21, 2024

Proposal Due Date June 27, 2024

Proposal Evaluations Completed July 16, 2024 (10:00 a.m.-11:00 a.m.)

Interviews TBD

Offeror/ Selection TBD

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

SECTION 12: 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:

A. All applicable federal and State of Georgia laws and City of Sandy Springs ordinances, licenses and regulations of all agencies having jurisdiction shall apply to Offerors throughout and are incorporated herein.

B. Gratuities, Rebates, or Kickbacks.

a. Gratuities. It is prohibited for any person to offer, give, or agree to give any City

Representative, or for any City Representative to solicit, demand, accept, or agree to accept from another person, a gratuity, rebate or offer of employment in connection with any decision, approval, disapproval, recommendation or preparation of any part of this RFP influencing the content of any specification or standard, rendering of advice, investigation, auditing or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to this RFP or a Contract or subcontract, or to any Solicitation or response therefore in any manner inconsistent with the State of Georgia’s

Department of Administrative Services Gratuity Policy located in the Georgia Procurement

Manual Section I.4.

b. Kickbacks. It is prohibited for any payment, gratuity, or offer of employment to be made by or on behalf of a subcontractor under a Contract to the prime Contractor or higher tier subcontractor, or any person associated therewith, as an inducement for the Award of this RFP.

c. Rebates. It is prohibited for any rebate to be offered for the sole purpose of inducement.

Rebates normally or routinely offered to all customers for the purchase of Goods and Services are acceptable and are the property of the City.

d. Nothing in this section shall preclude a City Representative from attending seminars, courses, lectures, briefings, or similar functions at any Offeror's facility or at any other place if any such seminar, course, lecture, briefing, or similar function is for the purpose of furnishing the City

Representative with knowledge and information relative to the Offeror's Goods or Services and is one the City Manager determines would be beneficial to the City. In connection with any such seminar, course, lecture, briefing, or similar function, nothing shall preclude the City

Representative from receiving meals from an Offeror. Nothing in this section shall preclude the City Representative from receiving educational materials and business related items of not more than nominal value from an Offeror. Nothing contained in this section shall permit the City Representative to accept free travel from the Offeror outside the State of Georgia or free lodging in or outside the State of Georgia.

C. The City, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C.§§ 2000d to 2000d-4) and the Regulations, hereby notifies all Offerors that it will affirmatively ensure that for any contract entered into pursuant to this RFP, disadvantaged business enterprises will be afforded full and fair opportunity to submit Proposals in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

D. 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.

E. 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.

F. 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.

G. From the date this RFP is issued until an Offeror 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 Edward McAdoo III, Procurement Officer in charge of this procurement. Any unauthorized contact may disqualify the Offeror from further consideration. Contact information for the single point of contact is as follows:

Edward S McAdoo III, Procurement Officer

City of Sandy Springs 1 Galambos Way

Sandy Springs, Georgia 30328

E-mail: purchasing@sandyspringsga.gov

I. 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:

1. 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.

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

3. 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;

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

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

6. Terminate any contract if the City determines adequate funds are not available or for any other reason if the City determines such action to be in its best interest.

SECTION 13: CONTRACT INFORMATION

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

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 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 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.

AGREEMENT

This Agreement (hereinafter “Agreement”) is made as of execution date by the City (the “Effective Date”), and between _______________________________________, (hereinafter “Contractor”) located at ______________________________________________ and the City of Sandy Springs, Georgia, a Georgia

Municipal Corporation located at 1 Galambos Way, Sandy Springs, Georgia (“Sandy Springs” or “the City”)

WITNESSETH:

WHEREAS, Contractor is engaged in the business of creating design guidelines; and

WHEREAS, Sandy Springs has a need to acquire the 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 (“Project”). 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 City of 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 In the Service Agreement.

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.

Contractor warrants and represents that it will, at all times, observe and comply with all federal, state, local and municipal ordinances, rules, regulations, relating to the provision of the Services to be provided by Contractor hereunder or which in any manner affect this Agreement.

The Contractor shall comply with and shall require its Subcontractors to comply with the regulations for compliance with Title VI of the Civil Rights Act of 1964, as amended, and 23 CFR 200, as stated in the

Notice to Contractors - Compliance with Title VI of the Civil Rights Act of 1964, attached hereto as Exhibit

H and incorporated herein.

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”).