North Springs MARTA Station TOD and Peachtree.pdf

REQUEST FOR PROPOSALS #24-029

North Springs MARTA Station TOD & Peachtree Dunwoody Road Corridor Study

NON MANDATORY PRE-PROPOSAL MEETING:

November 27th, 2023, 3pm

VIA ZOOM

https://zoom.us/j/2432328683?pwd=Uk1rLzJNOEoyeWR5UW9xSWxVQm5mZz09

Meeting ID: 243 232 8683

Passcode: 761712

+1 312 626 6799 US (Chicago)

+1 646 558 8656 US (New York)

+1 301 715 8592 US (Washington DC)

Proposals are due:

December 27th. 2023, 2pm

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 December 27th. 2023, 2p.m. EST. The City will only accept online submissions for this RFP through the Bonfire Portal at https://sandysprings.bonfirehub.com/projects/110341/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, Reginald

Starling, 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/110341/details. Questions are due no later than December

12th, 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/110341/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 (“Contract”) the City intends to execute with the selected Offeror is included as

Attachment A for review.

https://zoom.us/j/2432328683?pwd=Uk1rLzJNOEoyeWR5UW9xSWxVQm5mZz09 https://sandysprings.bonfirehub.com/projects/110341/details https://sandysprings.bonfirehub.com/projects/110341/details https://sandysprings.bonfirehub.com/projects/view/17847 https://sandysprings.bonfirehub.com/projects/view/17847

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.

TABLE OF CONTENTS

PROPOSAL SIGNATURE AND CERTIFICATION

CORPORATE CERTIFICATE

OFFEROR’S RFP CHECKLIST

SECTION 1: BACKGROUND AND GENERAL INFORMATION

SECTION 2: PROJECT OBJECTIVES, REQUIREMENTS AND OTHER INFORMATION

SECTION 3: SCOPE OF SERVICES

SECTION 4: SUBMITTALS

SECTION 5: CONTENTS OF PROPOSALS AND CRITERIA; EVALUATION

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

• DBE AND Subcontractor Goal

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: ____________________________________________________________

Authorized Signature for Offeror: ____________________________________________________________

Print/Type Name of Authorized Signatory: _______________________________________________________

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 ___________________________, 2023.

(Signature)

(Seal)

Corporate Name: _____________________________________________________ d/b/a: _____________________________________________

OFFEROR’S RFP CHECKLIST

9 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 distributed by email to Offerors.

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, with the RFP document, If any.

8. _______ Review the RFP document again to make sure that you have addressed all requirements.

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

Purpose and Summary of Procurement

The City of Sandy Springs, in close coordination with the Atlanta Regional Commission, Metropolitan Atlanta Rapid Transit Authority (MARTA) and the Perimeter Center Improvement District (PCID), will develop a Transit-Oriented Development (TOD) plan for the North Springs MARTA Station and corridor concept for Peachtree Dunwoody Road. The Study envisions connecting two transit stations and the Perimeter employment district with multimodal and placemaking improvements.

Sandwiched between SR 400 and the eastern City limits, this study will focus on the 1.75-mile segment of Peachtree Dunwoody Road corridor in Sandy Springs between Abernathy Road and Spalding Drive. Peachtree Dunwoody Road is a north-south connector street, connecting a mix of office, multi-family residential communities, single family home neighborhoods, the North Springs MARTA Station, the Sandy Springs MARTA Station, and the PCID.

The North Springs MARTA Station is located at 7010 Peachtree Dunwoody Road. The station serves as the northern terminus of the Red Line heavy rail service and future transfer point between MARTA rail and MARTA Bus Rapid Transit (BRT). Several bus routes connect to the station. The Transit Oriented Development (TOD) Plan will focus on the 13 acres of undeveloped land at the North Springs MARTA Station.

Previous planning efforts have identified enhanced pedestrian and bicycle infrastructure projects for the corridor as well as identified the potential for additional vehicular congestion in the future. This study will identify the appropriate cross section that will facilitate future mobility and align with the Perimeter Center LCI, MARTA Station Areas Small Area Plan, and Perimeter Small Area Plan’s vision for the area.

In addition, Sandy Springs is working to build out an extension of the PATH 400 Trail, as envisioned in the Atlanta Regional Commission’s Regional Trails Plan. Current programmed and planned projects will bring the trail up to Abernathy Road, east of SR 400. The SR 400 Express Lanes project will construct a sidepath on the Spalding Drive bridge over SR 400. This study will consider Peachtree Dunwoody Road as an appropriate option to continue the trail northbound to Spalding Drive or identify other potential alignments for further consideration.

The corridor study seeks to address the following:

• Encourage thoughtful Transit Oriented Development at North Springs MARTA Station;

• Improve multimodal connectivity between the North Springs and Sandy Springs MARTA stations;

• Identify the appropriate, consistent cross section for the Peachtree Dunwoody Road corridor;

• Balance needs of different transportation modes;

• Enhance the current user experience and encourage more multimodal first and last mile trips to PCID and the North Springs MARTA station; and

• Identify alignment for Path 400 Trail Extension to Spalding Drive from Abernathy Road.

This study is funded with a $200,000 grant from the ARC’s Livable Centers Initiative and $50,000 of local match funding from the City of Sandy Springs ($250,000 total).

SECTION 2: PROJECT UNDERSTANDING AND DESIGN APPROACH

Project Understanding and Design Approach

This study will analyze the multimodal needs of the study corridor and provide multimodal and placemaking recommendations that serve the employment center, residential communities, visitors to the area, and users of the future regional trail network. It will develop a Transit Oriented Development plan for the North Springs MARTA Station that closely aligns with MARTA’s TOD Guidelines to ensure the land use and economic development strategies capitalize on the transportation infrastructure.

This study will also coordinate with other studies and projects in the study area. In particular, there should be close coordination with the proposed changes to the North Springs MARTA Station to accommodate Bus Rapid Transit at the site.

SECTION 3: SCOPE OF SERVICES

Task 1: Project Management and Public Engagement Project management tasks include consultant-client coordination on a biweekly basis, meeting documentation, quality assurance/quality control, maintaining the project schedule and budget, and monthly invoicing. A progress report will be required with each invoice. It is expected that all project deliverables will be reviewed for accuracy and completeness prior to submission to the City.

This consultant will conduct public engagement activities with stakeholders and the general public.

Stakeholders include, but are not limited to, residents, businesses, employees, visitors, PCID, MARTA, and City staff. Activities should include a community charette and focus group meetings with stakeholders.

Engagement strategies will be developed to ensure participation from all types of residential communities and reflective of the corridor demographics. Follow-up outreach should be conducted to those invitees who cannot attend.

The consultant will create communications materials related to public engagement. The materials will include meeting documents and displays. The consultant will provide the City with content for newsletters, press-releases, social media, and a City-hosted project website. There will also be an online campaign to solicit feedback through online surveys and interactive web applications.

Deliverables:

Monthly Invoices and Progress Reports Kick-off meeting Biweekly meetings and meeting notes Minimum of One (1) In-person Community Charette Minimum of One (1) In-person Public Meeting Up to Three (3) Focus Group Meetings Minimum of One (1) In-person Pop-up event Communications material Online survey and interactive web application Summary of public input

Task 2: Existing Conditions This task will document existing transportation conditions to establish a baseline for the study area as it relates to the intersection of transportation and land use. The majority of the data for this task will be available via the City’s open data portal (https://data-coss.opendata.arcgis.com/) and within plans on the City’s website. The City will provide other requested City data, if available.

Task 2.1 Plan Review. Review the Perimeter LCI Plan (2011), Bicycle, Pedestrian, Trail Plan (2014), MARTA Station Areas Small Area Plan (2017), Perimeter Small Area Plan (2016), Last Mile Connectivity Study (2017), Trail Master Plan (2019), and Transportation Master Plan (2021) for vision and recommendations related to the study area.

Task 2.2 Demographic, employment, transit, and land use analysis. Using the most recent available data, provide analysis on the current and future demographic, employment, and land use data of the Peachtree Dunwoody Road Corridor. An origin-destination assessment should be conducted for the corridor as well as transit specific O-D patterns. The transit analysis should include identification of mode split to access the North Springs Station, rail and bus ridership to the Station. The City’s zoning and future land use in the area should be compared against MARTA’s TOD Guidance to identify any inconsistencies.

Task 2.3 Site Analysis for North Springs MARTA Station area. Consultant will perform a thorough review and assessment of available data, including aerial imagery; property plats; existing roadway plans;, North Springs MARTA Station as-builts and future plans for BRT. A parking assessment should be conducted. A market analysis should be conducted to determine what types of neighborhood retail amenities are viable for the area and would serve the surrounding neighborhoods, with particular consideration for the viability of a grocery store.

Task 2.4 Corridor analysis. Analyze existing and forecasted traffic volumes, determine level of service for the study corridor and at the following intersections: Spalding Drive, MARTA North Springs Driveway, Embassy Row, Northpark Place, and Abernathy Road. The City will provide the count data. Analyze crash data, in particular those crashes involving vulnerable users and those resulting in injuries or fatalities. Collect and analyze existing bike/ped data for three entrances to MARTA station and up to three locations for mid-block pedestrian crossings. Document significant old growth trees, streams, and other environmental resources;

historic or potentially historic properties, structures and resources; topography; right-of-way (ROW) dimensions; intersection and roadway crossing geometry; the state of repair of corridor infrastructure; and the locations of utilities.

Task 2.5 Corridor SWOT analysis and Summary Memo. Findings from tasks 3.1-3.4 should be summarized in an Existing Conditions memo. The memo will include a Strengths, Weaknesses, Opportunities, and Threats (SWOT) analysis based on these findings, staff/consultant corridor observations, and public feedback.

Deliverables:

Existing Conditions Memo

Task 3: Transportation and North Springs MARTA Station Improvements Task 3.1 PATH 400 Trail Extension Alternatives Analysis. Analyze two alignment options, both on-street and off-street (or a combination thereof), for a trail between Abernathy Road and Spalding Drive, accounting for placement opportunities as well as constraints including, but not limited to, potential environmental impacts, transportation impacts, right-of-way and utility conflicts, and estimated costs.

Task 3.2 Peachtree Dunwoody Road Conceptual Layout. Develop conceptual layout, including a recommended typical section(s) based on vehicular need, prioritized multimodal connections, and public feedback. Typical sections will illustrate, at a minimum, on-street striping, trail location, lighting, landscaping/streetscaping, green infrastructure, and pedestrian crossings. Identify near-, https://data-coss.opendata.arcgis.com/ mid- and long-term transportation improvement recommendations, including a prioritized project list with cost estimates.

Task 3.3 Develop Transit Oriented Development Plan for North Springs MARTA Station. Develop a plan including concepts for future development, multimodal elements, curbside management, parking, types of neighborhood retail amenities that would serve the surrounding neighborhoods, with particular consideration for the viability of a grocery store, financial feasibility analysis, and opportunities for the incorporation of green infrastructure. The City’s GIS team will generate digital twins from the concept plans of the development and its surroundings. The digital twin will include the conceptual buildings, vegetation, streetlights and transportation network. This will be provided through ArcGIS Online; the consultant will be expected to have an ArcGIS Online account to which the city can set up an ArcGIS Online partnered collaboration.

Task 3.4 Improved Bike/Ped Connection to and Sense of Place at North Springs MARTA Station. Based on feedback from the stakeholders and general public, develop recommendations and next steps for improving walkability and micromobility access and amenities at the North Springs MARTA station. Recommendations should include placemaking ideas (i.e., public art, new public spaces, community activities) at the North Springs MARTA Station and potentially elsewhere on the corridor.

Deliverables:

TOD Plan Peachtree Dunwoody Road Conceptual Layout Trail Alignment Recommendation Placemaking Recommendations

Task 4: Recommendations & Documentation This task will compile the results of the overall work effort, the study process, relevant findings, and recommendations into a final study/plan document. The final study document shall include the following (not necessarily in this order):

• Summaries of the plan development process:

o A description of the study process and methodology, data gathering techniques and findings, and general outcomes.

o A description of the public participation process used to achieve a community-supported program of improvements.

• Draft Concept Plans and thematic concept(s):

o An area plan map outlining elements to be installed and strategies to be implemented at recommended locations, with summaries of these elements and strategies written in a cohesive, user-friendly format.

o A preferred layout(s) and typical section(s) of the improved Peachtree Dunwoody Road corridor and related infrastructure and facilities.

o Conceptual renderings that illustrate street level improvements, green infrastructure, and placemaking elements.

o A preferred site layout(s) for the North Springs MARTA Station TOD concept.

• Implementation Strategy:

o A 100-day Action Plan, to include no-cost or very low-cost actions and organizational steps needed to maintain project momentum, keep stakeholders involved, and share responsibility for the plan’s success. This action plan should identify short-term measures and temporary installations that the City of Sandy Springs can undertake to test out concepts in a “lighter, cheaper, faster” manner.

o Necessary modifications to applicable City of Sandy Springs ordinances and guidelines and, if necessary, other recommendations for regulatory reform to implement the plan.

o A work program to implement the plan’s recommendations. The work program must include a phasing plan, based on the priority and implementation schedule of the various project elements to be undertaken in the project area; cost estimates for all project components;

and key sources of funding for the implementation of all project components.

Deliverable:

Prioritized Project and Strategies List North Springs MARTA Station and Peachtree Dunwoody Road Corridor Study, including one (1) hard copy and electronic versions of the document. Electronic versions must be compatible with City software, and may be done in two formats to allow optimal viewing on the website and for printing) All final data

SECTION 4: SUBMITTALS

Proposals shall be submitted through Bonfire at:

https://sandysprings.bonfirehub.com/projects/110341/details no later than 2:00 p.m. EST on December 28, 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 5: CONTENTS OF PROPOSAL AND CRITERIA EVALUATION

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 3. 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.

CONTENTS OF PROPOSAL

A Proposal shall contain two (2) components: (1) Technical Proposal; and Cost Proposal. The Technical Proposal and Cost 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. The proposal shall include the following (Proposal should be up to nineteen (19) as identified below, not including appendix):

A. Technical Proposal Requirements:

Cover Letter: (One page) The letter should designate the proposing firm and be signed by authorized company officer. The letter should address the firm’s willingness and commitment to provide the proposed services and why the firm believes it should be selected. No pricing information shall be included in this section.

Table of Contents: (One page) Table of Contents should follow the RFP format.

Firm Overview: (One page) Provide a general overview of company, how long the company has been in business, customer service philosophy, and identification of the primary office which will be supporting the

City of Sandy Springs.

Study Project Understanding and Approach: (Eight to Ten) pages) Provide a description of the Firm’s understanding and approach for the proposed Project as outlined in the Scope of Services. Please provide the Firm’s fit to the Project and/or needs of the Owner, any special or unique qualifications, and any techniques or methodologies offered by the firm that may be particularly suitable for the Services. The proposal should describe how the Offeror proposes to complete the Project, shall be sufficiently detailed to highlight the effectiveness of the Proposal and should spell out how this work can be performed in a cost-effective manner.

A schedule for timely completion of the Scope of Work shall be included. All work and services must be completed on or before November 15, 2024. Information should be provided on the amount of time for each task.

Project Team: (Four Pages) Provide information on personnel to be assigned to this project for the prime Consultant as well as the key personnel of the sub-consultants. Personnel should have experience in a variety of fields necessary to complete the proposed work. Resumes for key staff shall be included in the Appendix.

Please highlight experience that pertains to the project manager.

The Appendix will not count toward the page limit. If following the award, there are proposed staffing changes, the City shall be provided the resumes of proposed staff prior to assignment.

Project References: (Three to Five pages) Provide three (3) to five (5) project references that demonstrate that the firm(s) and personnel have experience and expertise with the subject matter and have demonstrated performance of work that is similar in type and scope to requested Services within the last five (5) years.

Include a project description, location, cost, status, and client contact information. Identify key project team staff for each project reference. The projects should reflect the firm(s)’s experience with transit-oriented development, corridor studies, placemaking, and multimodal planning.

B. Fee Proposal

Fee Proposals will be reviewed for reasonableness and realism against the City’s independent assessment following evaluation of Technical Proposals. Offerors should include fees per participant for the Services outlined in Exhibit B of the attached model contract. The fee proposal shall be submitted separately in Bonfire.

Evaluation Criteria

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

The Technical Proposal evaluation criteria will consist of the following: Project Understanding and Approach;

Project Team and Project References. The score of the Proposal totals a possible maximum of ninety-five (95) points. The required elements of discussion for the four (4) evaluation criteria and the possible maximum individual scores are:

Cost Proposals will be evaluated for technically qualified proposers after the technical evaluation is completed.

The cost criterion is rated by giving the proposal with the lowest total cost the maximum number of Cost points available (5 points).

The following factors will be considered during the evaluation:

TECHNICAL PROPOSAL CRITERIA WEIGHT IN EVALUATION

Project Understanding and Approach 40%

Project Team 30%

Project References 25%

Cost Proposal 5%

100%

C. 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

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. Negotiation and Best and Final Offer

a. If Sandy Springs 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 Sandy Springs deems appropriate.

b. If negotiations are successful, Sandy Springs 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 Sandy Springs and the highest-ranking Offeror, Sandy Springs 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 constitutes the “best qualified offer” for Sandy Springs. Consequently, Offerors are urged to submit the best possible terms in their original submittal.

f. Sandy Springs 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 Sandy Springs’ request for the last and most attractive bid 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:

or directed to: purchasing@sandyspringsga.gov.

Questions are due no later than December 12th, 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:

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 December 12th, 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, Reginald Starling, Senior Buyer for the City. Mr. Starling 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.

SECTION 8: SCHEDULE OF EVENTS*

EVENT DATE

RFP Released November 15th, 2023, Pre-Proposal Meeting (not mandatory) November 27th, 2023, 3pm

Deadline for Receipt of Inquiries December 12th, 2023, 5pm

Deadline for Posting Written Answers to Inquiries December 15th, 2023

Proposal Due Date December 27th, 2023

Proposal Evaluations Completed January 12. 2024

Presentations/Interviews (Optional) TBD

Final Selection TBD

*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. 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.

3.

4. 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.

5. 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.

6. 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.

7. From the date this RFP is issued until a Contractor 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 Reginald Starling, Senior Buyer 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:

Reginald Starling, Senior Buyer City of Sandy Springs

1 Galambos Way Sandy Springs, Georgia 30328

E-mail: purchasing@sandyspringsga.gov

8. 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

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 performing consulting services to develop plans for the Transit Oriented Development (TOD); and

WHEREAS, desires to develop project concepts that improve safety, mobility, and access to all roadway users (“Project”); and

WHEREAS, to advance the Project, 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, Sandy Springs and the Atlanta Regional Commission (“ARC”) have entered into a certain Subgrant Agreement (“Subgrant”), dated October 26, 2023, attached hereto as Attachment A-1, pursuant to which Sandy Springs agrees, as the subgrantee, to render certain services in support of ARC’s Regional Transportation Planning Studies, as more fully described in the Subgrant; and

WHEREAS, ARC, the Georgia Department of Transportation (“GDOT”), and the U.S Department of Transportation are “Concerned Funding Agencies” for this Project; and

WHEREAS, Contractor is willing and able to render the Services and desires to perform the Services; and

WHEREAS, Contractor understands and agrees that it is subject to applicable terms, conditions and requirements of the Subgrant; and

WHEREAS, Sandy Springs desires to acquire the Services from Contractor to perform the Project;

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. Prompt Payment and Retainage. 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. Sandy Springs agrees to pay Contractor for satisfactory performance of the Services in accordance with Paragraph 6 of the Subgrant, attached hereto and incorporated herein by this reference

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/Contractor Proposal but in no event later than November 15th, 2024. The term of the contract will be contingent upon annual appropriations of funds by the City of Sandy Springs City Council. The contract 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.

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.

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 Exhibit H, Notice to Contractors - Compliance with Title VI of the Civil Rights Act of 1964, attached hereto and incorporated herein.

Contractor shall be subject to the terms and conditions of that certain Subgrant Agreement between Sandy Springs and ARC with respect to this Project, a copy of which is attached hereto and incorporated herein by this reference.

Contractor warrants and represents that no part of any funds under this Agreement shall be used to pay the salary or expenses of the Contractor or any subcontractor, or agent acting for the Contractor or any subcontractor, to engage in any activity designed to influence legislation or appropriations pending before the Congress as stated in 49 CFR 20.

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…