Request for Proposal.pdf

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REQUEST FOR PROPOSALS

Guaranteed Ride Home (GRH) Call Center

I. INTRODUCTION

The Atlanta Regional Commission (ARC) Mobility Services Department is seeking proposals from experienced and qualified call centers to provide extended call services for Georgia Commute Option’s Guaranteed Ride Home (GRH) Program. This program supports and encourages the use of clean commute options throughout the metro Atlanta region by offering an emergency ride home for commuters using alternative commute modes who are unexpectedly unable to use their normal commute method due to qualifying circumstances.

The services provided by the selected vendor will include, but are not necessarily limited to: maintaining a project inbox for GRH ride requests, scheduling rides through ARC's Uber Central account, and conducting outbound calls to participants to verify trip details and ensure eligibility. In addition, the selected vendor will also field inbound calls for GRH ride adjustments or cancellations.

The contract will cover a one-year term for the 2026 calendar year, with the option of one additional one-year extension, potentially extending the agreement through the end of the 2027 calendar year. Each contract year will include an updated scope and work plan. Work will begin January 1, 2026, and conclude December 31, 2026. It is anticipated that available funds for the project will be $30,000 annually. The current provider is not excluded from submitting a proposal. The funding for this work is provided through a federal-aid program, Congestion Mitigation and Air Quality (CMAQ) and state matching funds provided by the Georgia Department of Transportation (GDOT). Applicants interested in providing services described in this request must comply with the requirements described herein and requirements governing the use of CMAQ funds. All documentation associated with CMAQ funding must be retained by the Awardee for seven (7) years without exception.

Funding for this work is subject to federal guidelines and interpretations by the Georgia Division of the Federal Highway Administration and the Georgia Department of Transportation. Please note that any contract award for this work is contingent upon ARC receiving adequate funding for this purpose from

GDOT.

II. PROGRAM DESCRIPTION

The goal of the Guaranteed Ride Home (GRH) Program, managed by the Atlanta Regional Commission (ARC) as part of its Transportation Demand Management (TDM) initiatives, is to provide a safety net for commuters utilizing alternative modes of transportation in the Atlanta region. This program aims to encourage the use of vanpooling, carpooling, bicycling, walking, or transit by offering a guaranteed ride home in case of an emergency during the workday.

The GRH program contributes to regional efforts to reduce traffic congestion and improve air quality by promoting alternatives to single-occupancy vehicles (SOV). By providing eligible commuters with a reliable ride home when an unforeseen event occurs, the program removes a significant barrier to adopting clean commute options.

The services provided under this program include:

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• Maintaining and monitoring a project inbox for GRH ride requests generated through the Georgia Commute Options (GCO) web and mobile applications.

• Conducting outbound calls to program participants within 10 minutes of receiving an email request to verify trip details, confirm eligibility according to GRH program requirements, and explain the ride pick-up process.

• Scheduling rides for eligible GRH participants through ARC's Uber Central account, which involves entering rider information and ride details such as name, phone number, pick-up/drop-off locations, time of ride, and Uber vehicle type.

• Receiving inbound calls from participants to adjust or cancel scheduled GRH rides.

• Accommodating the use of other ride dispatching technologies or transportation service providers at ARC's discretion, with prior notice and sufficient training provided to the contractor.

Performance metrics for the GRH program, including weekly reports on GRH ride request emails received, outbound calls made, inbound calls received, minutes spent on each call, and ineligible/unprocessed rides, are monitored. The program also ensures that all calls are recorded and backed up.

The contract will cover a one-year term for the 2026 calendar year, with the option for one additional one-year extension. Monthly payments are based on invoices documenting work performed, with specific pricing for requests and inbound calls. ARC will provide training at a rate of $10.00 per hour.

Interested organizations should submit a proposal that addresses the factors in the scope of services in Exhibit A. In addition, the respondent should provide a detailed breakdown of the proposed budget for the 2026 calendar year in the form of Exhibits B and B-1.

III. FUNDING LIMITATIONS AND PROHIBITIONS

Funding for this project is provided through federal guidelines and has been interpreted by the Georgia Division of the Federal Highway Administration and the Georgia Department of Transportation.

The intended purpose of these funds is to support the Guaranteed Ride Home (GRH) Program, which encourages commuters to switch to clean commutes.

Funding Prohibitions and Limitations: These funds may not be used for the following activities:

• Purchase of capital expenses.

• Labor or activities not directly related to the approved Regional TDM Program guaranteed ride home activities.

• Labor for activities directed at carbon footprint assessment, LEED, and/or other programs and/or program elements as identified.

• Labor for activities considered to be entertainment.

• The purchase of food or drink.

• Travel to in-state conventions, conferences, whether as attendee or presenter, or any other travel separate from necessary day-to-day trips within the Atlanta region.

IV. PROPOSAL REQUIREMENTS AND TIMELINE

All dates are tentative, provided for planning purposes, and subject to change. ARC anticipates awarding the contract in October 2025. Successful respondents should be prepared to begin work on January 1, 2026. All work activities for the contract must be completed by December 31, 2026. ARC reserves the

3 | P a g e right to award all or part of the available funds for this project.

Proposals must include the following information:

1. Name of the lead organization and any Sub-Consultants.

2. The point of contact (name, title, phone number, mailing address, and email address) at the lead organization.

3. Description of relevant experience on projects of this type.

a. Include a list of at least three references withing the past five years, with current contact information.

4. Key personnel, their qualifications and roles related to the contract.

5. The address of the organization’s office performing the work.

6. A detailed description of the technical approach including proposed tasks for the accomplishment of the work described in Exhibit A

7. A proposed schedule and work plan for the accomplishment of the work described in Exhibit A.

The work plan should include estimated hours by category for each task identified in Exhibit A.

Use the format at Exhibit B-1 for the estimated hours per task.

8. A proposed project budget in the format of Exhibits B and B-1 to this RFP.

9. A DBE Utilization Plan in the format at Exhibit C.

10. Provide your firm(s) latest financial statements or audited financial statements.

11. Completed Contract Forms in Exhibit C.

12. Any other pertinent information.

The review of written proposals will be based on the following evaluation criteria, with the relative weights in parentheses:

1. Related experience, qualifications, and references of the firm or project team (30%)

2. Technical approach (40%)

3. Work plan and schedule (20%)

4. Proposed Budget (10%)

It is the policy of ARC that Disadvantaged Business Enterprises (DBEs) (49 CFR Part 26) have the maximum opportunity to participate, either as contractors or as subcontractors, in the performance of Commission contracts to the extent practical and consistent with the efficient performance of the contract. ARC’s current DBE goal is 16.7%. Information regarding ARC’s DBE Program can be found at https://atlantaregional.org/about-arc/business-services-finance/arc-business-opportunities/.

Additional information should not be required to respond to this RFP. However, questions should be submitted by email to Sabrina Green (sgreen@atlantaregional.org) no later than 4:00 pm EST on Monday, September 22, 2025. All questions received, and responses to those questions will be posted on the ARC website no later than 5:00 pm EST on Wednesday, September 24, 2025.

Interested organizations must do the following:

1. Notify ARC if they intend to submit a proposal.

a. Interested firms should email Sabrina Green at sgreen@atlantaregional.org by 4:00 pm EST Friday, September 26, 2025.

b. ARC will email each interested organization an individual link to a secure and confidential https://atlantaregional.org/about-arc/business-services-finance/arc-business-opportunities/ mailto:sgreen@atlantaregional.org mailto:sgreen@atlantaregional.org

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2. Submit one electronic proposal copy through the secure and confidential portal.

a. Proposals are due no later than 12:00 pm EST on Thursday, October 2, 2025.

b. The proposal must be in either Microsoft Word or PDF format.

c. Proposals shall not exceed a total of 10 pages (8.5 x 11, front and back of sheet counted as two pages), inclusive of organization experience. Covers, end sheets, proposed budgets, and an introductory letter shall not count against this maximum. Font size shall be a minimum of 10 point in all cases.

V. SUMMARY TIMELINE

RFP Posted Wednesday, September 17, 2025 Questions Due Monday, September 22, 2025 (4:00 pm EST) Questions and Answers Posted Online Wednesday, September 24, 2025 (5:00 pm EST) Proposals Due Thursday, October 2, 2025 (12:00 pm EST) Work Start Date Monday, January 1, 2026 Work Completed Wednesday, December 31, 2026

Applicants interested in providing services described in this request must comply with the requirements described herein and requirements governing the use of CMAQ funds. All documentation associated with CMAQ funding must be retained by the Awardee for seven (7) years without exception.

VI. RESTRICTION OF COMMUNICATION

From the date of the advertisement of the solicitation through contract award and selection is announced, respondents are not allowed to communicate about this solicitation or scope with any staff of ARC, except for submission of questions as instructed in the RFP or as provided by any existing work agreement(s). Violation of this provision, ARC reserves the right to reject the submittal of the offending respondent.

VII. CONFIDENTIALITY AND CONFLICT OF INTEREST

ARC is subject to the Georgia Open Records law. All proposals submitted will become public records to be provided upon request. Any information containing trade secrets or proprietary information, as defined by state law, must be marked as confidential to prevent disclosure. Confidential markings must be limited to the protected information. Entire proposals marked confidential will not be honored.

Additionally, conflicts of interest are governed by the ARC Standards of Ethical Conduct available here:

Standards of Ethical Conduct. Respondents must disclose any potential conflicts of interest that may arise from the provision of the services described herein. Such disclosure should include the name of individual(s) with whom there is a conflict, any relevant facts to the potential conflict, and a description of the internal controls proposed to mitigate any such conflict. ARC’s Staff Legal Counsel will determine whether such disclosure presents a potential organizational conflict of interest that should preclude award to the respondent.

https://cdn.atlantaregional.org/wp-content/uploads/arc-standards-of-ethical-conduct.pdf

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VIII. PERFORMANCE REQUIREMENTS

Awardees are expected to provide call services for the Guaranteed Ride Home (GRH) Program, encompassing the following performance requirements:

1. Maintain and Monitor Project Inbox: The contractor must maintain and monitor a project inbox that receives emails consisting of GRH ride requests. These emails are generated by program participants who submit GRH ride requests through the Georgia Commute Options (GCO) web and mobile applications. The project box's email address and login/password credentials must be provided to ARC, and ARC will keep track of each GRH ride request received.

2. Conduct Outbound Calls: Outbound calls must be made to each program participant who submits a ride request within 10 minutes of the email request being received in the project inbox. The purposes of these calls include:

o Verifying that the details of the trip listed on the ride request are accurate and reflect the participant's needs, including full name, drop-off and pick-up locations, reason for the ride, and time of day the ride is needed.

o Conducting a final check that the participant is requesting a GRH ride according to GRH program requirements.

o Explaining to the participant how the ride pick-up process works, when applicable.

3. Schedule Rides: Schedule rides for eligible GRH program participants through ARC's account via Uber Central, Uber's ride dispatching system. This involves:

o Signing into ARC's Uber Central account.

o Selecting the new ride setup feature in the dashboard.

o Entering the relevant rider information and ride details as required by the dashboard, including rider's first and last name, phone number, ride pick-up and drop-off location, time of ride, and Uber vehicle type.

o ARC will grant individual access to provider agents, each requiring a unique working email address.

o An Agent List with first name, last name, and email address of each agent servicing the GRH program must be provided to ARC.

o Agents are responsible for creating, maintaining, and safeguarding their own passwords and are not to share them or log in using another agent's credentials.

o ARC must be notified immediately if an agent with Uber Central access no longer services the GRH program or is no longer employed with the provider, so their login credentials can be disabled.

o Any charges to the Uber Central platform not attributed to a verified GRH request may result in suspension of the agreement and must be reimbursed to ARC within 10 business days.

o The consultant must contact ARC by email if there are any issues or disputes when scheduling or completing a ride request.

4. Receive Inbound Calls: Receive inbound calls from program participants who request to make adjustments and/or to cancel a GRH ride scheduled for that day but not yet taken place. This requires generating an exclusive inbound phone number for GRH ride requests. Agents are responsible for locating the GRH ride request in the email project box and making necessary adjustments in Uber Central.

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5. Accommodate Other Ride Dispatching Technologies: Accommodate the use of other ride dispatching technologies or transportation service providers to make trip arrangements for GRH rides, at ARC's discretion. ARC will provide prior notice and, where applicable, sufficient training.

6. Reporting: Provide weekly reports on the following metrics, at minimum: GRH ride request emails received, outbound calls made, inbound calls received, minutes spent on each call, GRH rides deemed ineligible (including participant's full name and email address), and GRH rides unprocessed to be credited to participant's account (including participant's full name and email address).

7. Call Recording: Ensure 100% of calls are recorded and backed up.

8. Monthly Invoices and Reports: Submit monthly invoices for payment documenting work performed during the invoice period, along with monthly narrative progress reports, to the ARC Director or authorized agent by the 15th day of the following month. Failure to do so may result in disallowed payment.

9. Final Invoice and Report: Submit a final invoice and final narrative progress report no later than thirty days after the project completion date.

IX. GENERAL TERMS AND CONDITIONS

This program is contingent upon GDOT receiving CMAQ funds through the FHWA, and ARC receiving funds from GDOT. ARC reserves the right to reject any and all submittals, to withdraw this Request for Proposals, to withdraw from contract negotiations, and/or to re-issue this Request for Proposals at a later time.

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EXHIBIT A

SCOPE OF WORK

The respondent should describe the proposed approach for delivering comprehensive call services for the Atlanta Regional Commission’s (ARC) Guaranteed Ride Home (GRH) Program. The approach should reflect an understanding of the program’s objectives and demonstrate how the respondent will ensure efficient and effective support for commuters utilizing clean commute options, in alignment with contract terms, performance standards, and applicable federal guidelines.

Task 1: Project Inbox Management

The purpose of this task is to ensure continuous monitoring and management of a dedicated project inbox for GRH ride requests.

The contractor must provide ARC with the email address and login credentials for the project inbox. ARC will use this inbox to track each GRH ride request received.

Required Activity:

• Maintain the inbox, which receives email requests submitted by participants through the

Georgia Commute Options (GCO) web and mobile applications.

Task 2: Outbound Call Services

The purpose of this task is to conduct timely outbound calls to GRH program participants who submit a ride request.

Required Activity:

• Initiate calls within 10 minutes of the request being received in the project inbox.

• Verify the accuracy of trip details (full name, pick-up/drop-off locations, reason for ride, time of day).

• Confirm the participant's eligibility for a GRH ride in accordance with program requirements.

• Explaining the ride pick-up process to the participant when applicable.

Task 3: Ride Scheduling and Management

The purpose of this task is to schedule rides for eligible participants using ARC’s Uber Central account and ensure secure and accurate ride management.

Required Activity:

• Log into ARC's Uber Central account and utilize its ride dispatching system.

• Enter all necessary rider information and ride details, including the rider's first and last name, phone number, ride pick-up and drop-off locations, time of ride, and selected Uber vehicle type.

• Ensure each agent accessing Uber Central has a unique, active email address provided to ARC.

Agents are responsible for managing their passwords securely and are prohibited from sharing credentials.

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• Immediately notify ARC if an agent with Uber Central access ceases to service the GRH program or is no longer employed by the contractor, to facilitate disabling their login credentials.

• Reimburse ARC within 10 business days for any charges incurred on the Uber Central platform that are not attributable to a verified GRH request.

• Contacting ARC via email for any issues or disputes encountered during the scheduling or completion of a ride request.

Task 4: Inbound Call Services

The purpose of this task is to manage a dedicated inbound phone number to support participants needing to adjust or cancel GRH rides.

Required Activity:

• Receive inbound calls from program participants who need to make adjustments or cancel a GRH ride scheduled for the current day but not yet taken.

• Locate the corresponding GRH ride request in the email project inbox and making the necessary adjustments within Uber Central.

Task 5: Reporting and Compliance

The purpose of this task is to ensure accountability, transparency, and adherence to all contract requirements through consistent reporting. This includes:

Required Activity:

• Provide weekly reports detailing: GRH ride request emails received, outbound calls made, inbound calls received, minutes spent on each call, GRH rides deemed ineligible (including participant's full name and email address), and GRH rides unprocessed (including participant's full name and email address).

• Ensure 100% of all calls are recorded and securely backed up.

• Submit monthly invoices for payment, supported by documentation of work performed during the invoice period, along with monthly narrative progress reports to the ARC Director or authorized agent by the 15th day of the following month. Failure to comply may result in disallowed payment.

• Submit a final invoice and a final narrative progress report no later than thirty days after the project completion date.

Task 6: Training and Other Services

The purpose of this task is to ensure the contractor’s readiness to support alternative ride dispatching technologies or service providers as determined by ARC.

Required Activity:

• Accommodate ARC's direction to use other technologies or providers for scheduling GRH rides, with prior notice and applicable training provided by ARC.

• Participate in ARC-provided training sessions, which will be compensated at a rate of $10.00 per hour.

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EXHIBIT B

COMPENSATION AND METHOD OF PAYMENT

I. Compensation: The total maximum compensation to be paid by ARC to the Contractor for the Project as described in Attachment A is $30,000. A breakdown of this compensation is shown in Exhibit B-1, Project Budget, which is attached to and made part of this contract for financial reporting, monitoring, and audit purposes.

II. Method of Payment: The following method of payment replaces that specified in the main body of the contract.

A. Progress Payments: The Contractor shall be entitled to receive progress payments on the following basis. On a monthly basis during the existence of the contract, the Contractor shall submit to ARC an invoice for payment documenting work performed during the invoice period. Any work for which payment is requested may be disallowed at ARC’s reasonable discretion if not properly documented in the required monthly narrative progress report. Invoices properly submitted shall be paid or rejected within 45 days of receipt by ARC.

Upon the basis of its audit and review of such invoice and its review and approval of the monthly reports called for in the paragraph concerning Reports in the main body of the contract, ARC will, at the request of the Contractor, make payments to the Contractor as the work progresses but not more often than once a month. Invoices shall be numbered consecutively and submitted each month until the project is completed.

The Contractor’s monthly invoices and monthly narrative progress reports are to be submitted to the ARC Director or his authorized agent and must be received by him not later than the 15th day of the following month. ARC may, at its discretion, disallow payment of all or part of an invoice received after this deadline.

B. Final Payment: Final payment shall only be made upon determination by ARC that all requirements hereunder have been completed. Upon such determination and upon submittal of a final invoice, ARC shall pay all compensation due to the Contractor less the total of all previous progress payments made.

The Contractor’s final invoice and final narrative progress report must be received by ARC no later than thirty days after the project completion date specified in Paragraph 3 of the contract. ARC may, at its discretion, disallow payment of all or part of a final invoice received after this deadline.

III. Completion of Project: It is agreed that in no event will the maximum compensation and reimbursement, if any, to be paid to the Contractor under this contract exceed $30,000 and that the Contractor expressly agrees that he shall do, perform and carry out in a satisfactory and proper manner, as determined by ARC, all of the work and services described in Attachment A.

IV. Access to and Retention of Records: The Contractor agrees that ARC, the Concerned Funding Agency or Agencies and, if appropriate, the Comptroller General of the United States, or any of their duly authorized representatives, shall have access to any books, documents, papers and records of the

10 | P a g e contractor which are directly pertinent to the project for the purpose of making audit, examination, excerpts and transcriptions.

The Contractor agrees that failure to carry out the requirements set forth above shall constitute a breach of contract and may result in termination of this agreement by ARC or such remedy as ARC deems appropriate.

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EXHIBIT B (Continued)

Proposed Project Budget – Year 1

Direct Labor (List by position all professional personnel participating in the project) Personnel Estimated Hours Rate/Hour Total Est. Cost

Total Direct Labor $

Overhead Cost (See 2 CFR Part 225 and A-122) (Overhead percentage rate) X (Total Direct Labor)

Total Overhead $

Other Direct Costs (List other items and basis for computing cost for each.

Examples include computer services, equipment, etc.)

Total Other Direct Costs $

Subcontracts (For each, list identity, purpose, and rate)

Total Subcontracts $

Travel (Travel by within maintenance area.) (List # of days x rate)

Total Travel $

Profit (Percentage rate X basis)

Total Profit $ Total Estimated Cost and Profit $

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EXHIBIT B-1

Proposed Project Budget by Task – Year 1

Task Amount

Task 1: Project Inbox Management

Task 2: Outbound Call Services

Task 3: Ride Scheduling and Management

Task 4: Inbound Call Services

Task 5: Reporting and Compliance

Task 6: Training and Other Services

TOTAL

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EXHIBIT C

Title VI and DBE Requirements For Prime Contractors and Sub-grant Recipients

TITLE VI

ARC, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000D to 2000D4, and Title 49, Code of Federal Regulations, Department of Transportation Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally assisted programs of the Department of Transportation, issued pursuant to such Act, hereby notifies all Respondents that it will affirmatively insure that in any contract entered into pursuant to this advertisement, minority business enterprises shall be afforded full opportunity to submit proposals in response to this invitation and shall not be discriminated against on the grounds of race, color, sex, handicap, or national origin in consideration for an award.

DISADVANTAGED BUSINESS ENTERPRISE (DBE) PARTICIPATION

Overall DBE Goal: As part of its DBE Plan, ARC has an established overall goal of 16.7 percent.

Program Intent. ARC has established a Disadvantaged Business Enterprise (DBE) program in accordance with regulations of the U.S. Department of Transportation (DOT), 49 CFR Part 26 ("Part 26" or "DBE Regulations"). ARC has received federal financial assistance from the Department of Transportation for this contract opportunity, and as a condition of receiving this assistance, ARC has signed an assurance that it will comply with Part 26.

It is the policy of ARC to ensure that DBEs, as defined in Part 26, have an equal opportunity to participate in its DOT-assisted contracting opportunities. It is also ARC’s policy:

(a) To ensure nondiscrimination in the award and administration of DOT-assisted contracts in the Department's highway, transit, and airport financial assistance programs;

(b) To create a level playing field on which DBEs can compete fairly for DOT-assisted contracts;

(c) To ensure that the Department's DBE program is narrowly tailored in accordance with applicable law;

(d) To ensure that only firms that fully meet this part's eligibility standards are permitted to participate as DBEs;

(e) To help remove barriers to the participation of DBEs in DOT-assisted contracts; and

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(f) To assist the development of firms that can compete successfully in the marketplace outside the DBE program.

Definitions. Disadvantaged Business Enterprise (DBE) as used in this Contract shall have the same meaning as defined in 49 CFR Part 26. A DBE is a firm in which one or more individuals who are women or eligible minorities own and control at least 51% of the firm.

Compliance. All Bidders/Proposers, potential contractors, or subcontractors for this Contract are hereby notified that failure to carry out the policy and the DBE obligations, as set forth above, shall constitute a breach of Contract which may result in termination of the Contract, or such other remedy as deemed appropriate by ARC.

Prompt Payment Requirement. In the event of contract award, the prime contractor agrees to pay each subcontractor under the prime contract for satisfactory performance of its contract no later than 30 days from the receipt of each payment the prime contract receives from ARC. The prime contractor agrees further to return retainage payments to each subcontractor within 10 days after the subcontractors’ work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of ARC. This clause applies to both DBE and non-DBE subcontracts.

Any contractor found not to be in compliance with this clause will be considered in breach of contract and any further payments will be withheld until corrective action is taken. If contractor does not take corrective action, contractor may be subject to contract termination.

Substitution. The Bidder shall make a good faith effort to replace a DBE Subcontractor that is unable to perform successfully with another DBE Subcontractor. Substitution must be coordinated and approved by ARC.

Documentation. The Bidder/Proposer shall establish and maintain records and submit regular reports, as required, which will identify and assess progress in achieving DBE subcontract levels and other DBE affirmative action efforts.

Additional information on ARC’s Disadvantaged Business Enterprise Program can be obtained from Brittany Zwald, Contracts and Grants Officer, Financial Services Group, Atlanta Regional Commission, 229 Peachtree Street Suite 100, Atlanta, GA 30303. 470-378-1494, bzwald@atlantaregional.org.

mailto:bzwald@atlantaregional.org

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DBE UTILIZATION PLAN

This plan will be included in a Title VI and DBE Attachment to all USDOT funded ARC bids and proposals.

Name of bidder/offeror’s firm: Address:

City: State: Zip:

Name of DBE firm: Address:

City: State: Zip:

Telephone:

Description of work to be performed by DBE firm:

The bidder/offeror is committed to utilizing the above-named DBE firm for the work described above.

The estimated dollar value of this work is $ . The above-named DBE firm affirms that it will perform the portion of the contract for the estimated dollar value as stated above.

By (Signature)

(Title)

If the bidder/offeror does not receive award of the prime contract, any and all representations in this DBE Utilization Plan shall be null and void.

(submit this page for each DBE subcontractor)

PLEASE ATTACH A COPY OF THE OFFICAL DBE CERTIFICATION FORM

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EXHIBIT D

CONTRACT FORMS

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GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT AFFIDAVIT

CONTRACTOR AFFIDAVIT

By executing this affidavit, the undersigned person or entity verifies its compliance with O.C.G.A.

§13-10-91, stating affirmatively that the individual, firm or entity which is engaged in the physical performance of services under a contract with the Atlanta Regional Commission has registered with and is participating in a federal work authorization program, in accordance with the applicability provisions and deadlines established in O.C.G.A. 13-10-91.

The undersigned person or entity further agrees that it will continue to use the federal work authorization program throughout the contract period, and it will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the undersigned with the information required by O.C.G.A. 13-10-91(b).

The undersigned person or entity further agrees to maintain records of such compliance and provide a copy of each such verification to the Atlanta Regional Commission within five (5) business days after any subcontractor is retained to perform such service.

EEV / E-VerifyTM Company Identification Number Date of Authorization

Company Name

Signature of Authorized Officer or Agent

Title of Authorized Officer or Agent

Printed Name of Authorized Officer or Agent

SUBSCRIBED AND SWORN

BEFORE ME ON THIS THE

_____ DAY OF ______________________, 20__

________________________________________ [NOTARY SEAL]

Notary Public

My Commission Expires:

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10/16

CONTRACTOR/VENDOR INFORMATION

Legal name & address of entity:

If different from above-

Legal name of Payee:

Payment Address:

Legal entity status (please mark all that apply):

(Federal) Employer Identification Number: ___________________________

OR

Social Security Number (for an individual): ___________________________

Is this contractor/vendor an attorney/law firm? YES_____ NO_____

Is this contractor/vendor debarred, suspended, ineligible or excluded from participation in federally funded projects? YES_____ NO_____

E-verify Status: _____Registered: E-verify Number__________ DUNS Number _______________

_____Not Registered

Is this contractor/vendor a:

YES____ NO_____

____Corporation/C-Corp LLC/S-Corp LLC

____Partnership/LLC Partnership/LLP

____Non-Profit: 501(c)(3)/501(c)(4)

____Individual/Sole-Proprietor/Single Member LLC

____Government: Federal/State/Local/Authority

____Other: (describe)____________________________

Disadvantaged Business Enterprise under 49 CFR Part 26?

Minority or Women Business Enterprise under 49 CFR Part 23? YES____ NO_____

Attach a copy of current certification(s).

Is this contractor/vendor a Non-federal entity that expends $750,000 or more in a year in Federal awards? YES____ NO_____ If so, attach a copy of most recent single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133.

Certified true and correct:

Name: _______________________________

Title: ________________________________

Signature: _______________________________

Date: ___________________________________

(If additional addresses are needed, identify each and its purpose on the reverse of this page.)

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EXHIBIT E

CONTRACT EXAMPLE

ARC Contract Number

CONSULTANT AGREEMENT

THIS AGREEMENT, entered into as of this _____ day of __________, YEAR, by and between CONSULTANT/VENDOR in Atlanta, Georgia (hereinafter referred to as the "Consultant") and the ATLANTA REGIONAL COMMISSION (hereinafter referred to as "ARC").

WITNESSETH THAT:

WHEREAS, ARC desires to engage the Consultant to render certain services hereinafter described in connection with an undertaking or project (hereinafter referred to as the "Project") which is to be wholly or partially financed by a grant from the United States Department of Transportation, (hereinafter, along with the appropriate auditing agency of the entities making such grant, referred to as "the Concerned Funding Agencies");

WHEREAS, the Consultant desires to render such services in connection with the project;

NOW THEREFORE, in consideration of the premises and the mutual covenants and agreements hereinafter contained, the parties hereto agree as follows:

1. Engagement of the Consultant. ARC hereby agrees to engage the Consultant and the Consultant hereby agrees to perform the services hereinafter set forth in accordance with the terms and conditions herein.

2. Scope of Services. The Consultant shall do, perform and carry out in a satisfactory and proper manner, as determined by ARC, the work and services described in Attachment "A" which is attached hereto and made a part hereof.

3. Time of Performance. The services of the Consultant are to commence immediately upon execution of this agreement. Work and services shall be undertaken and pursued in such sequence as to assure their expeditious completion and as may be required in Attachment "A." All work and services required hereunder shall be completed on or before DATE.

4. Compensation. The Consultant shall be compensated for the work and services to be performed under this agreement as set forth in Attachment "B" which is attached hereto and made part hereof. Compensation for work and services in the performance of this contract shall not exceed $AMOUNT.

5. Approval of Subcontracts. None of the work or services to be performed under this agreement by the Consultant shall be subcontracted without the prior written approval of ARC's Executive Director or her authorized agent. If such approval is requested, all subcontract documents shall be submitted to ARC's Executive Director or her authorized agent, for her review and approval prior to the execution of such subcontract. Further, if requested by ARC's Executive Director or her authorized agent, the Consultant shall provide ARC with such documentation as ARC's Executive Director shall require, regarding the method the Consultant used in selecting its subcontractor. The Consultant acknowledges that if work or services to be performed under this agreement is financed solely or partially with federal funds, the selection of subcontractors is governed by regulations requiring competition between potential subcontractors or adequate justification for sole source selection. The Consultant agrees to abide by such regulations in its selection procedure.

6. Prompt Payment and Retainage. The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than 30 days from the receipt of each payment the prime contract receives from ARC. The prime contractor agrees further to return retainage payments to each subcontractor within 30 days after the subcontractor’s work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of ARC. This clause applies to both DBE and non-DBE subcontracts.

Any contractor found not to be in compliance with this clause will be considered in breach of contract and any further payments will be withheld until corrective action is taken. If contractor does not take corrective action, contractor may be subject to contract termination.

7. Assignability. The Consultant shall not assign, sublet or transfer all or any portion of its interest in this agreement without the prior written approval of ARC.

8. Amendments. ARC may require changes in this agreement. Except for termination for cause or convenience, such changes, including any increase or decrease in the amount of the Consultant's compensation shall be incorporated in written amendments to this agreement.

Amendments to this agreement may be executed on behalf of ARC only by ARC's Executive Director and Chairman.

9. Insurance. The Consultant will have and maintain insurance coverage that complies with the laws of the state of Georgia, as well as reasonable and prudent business practices. Such insurance shall at least include Worker’s Compensation, Public Liability, Property Damage, and Valuable Papers coverage.

10. Indemnification. The Consultant shall hold harmless and indemnify ARC, its officers, directors, and employees form and against losses, reasonable attorney’s fees and costs, that may be based on any injury to persons or property caused by the negligent performance of services under this agreement by the consultant or any person employed by the consultant.

11. Formal Communication. Formal communications regarding this agreement shall include, but not necessarily be limited to correspondence, progress reports and fiscal reports.

All formal communication regarding this agreement shall be in writing between the person executing this agreement on behalf of the Consultant (executor) and ARC's Executive Director. However, the Consultant executor and ARC's Executive Director shall each have the right to designate in writing to the other an agent to act in his or her behalf regarding this agreement. Any restrictions to such designation must be clearly defined in the written designation.

In this regard, ARC’s Executive Director hereby designates the ARC Chief Operating Officer as her agent for purposes of this contract only, except for Amendments and Terminations.

12. Reports. The Consultant shall furnish ARC with narrative progress reports, in such form and frequency as may be specified by ARC's Executive Director or her authorized agent, outlining the work accomplished by the Consultant during the period, including the current status of the Project, and the percentage of work which has been completed.

13. Financial Reports. In addition to other records required by this contract, the Consultant agrees to provide to ARC such additional financial reports in such form and frequency as ARC may require in order to meet ARC's requirements for reporting to the Concerned Funding Agencies.

14. Review and Coordination. To ensure adequate assessment of the Consultant's project and proper coordination among interested parties, ARC shall be kept fully informed concerning the progress of the work and services to be performed hereunder. The Consultant may be required to meet with designated representatives of ARC and the Concerned Funding Agencies from time to time to review the work and services performed. The Consultant shall be given reasonable written notice of such meetings.

15. Inspections. Authorized representatives of ARC and the Concerned Funding Agencies may at all reasonable times review and inspect the Project activities and data collected pursuant to this agreement. Except where specifically prohibited by law, all reports, studies, records, and computations prepared by or for the Consultant under this agreement shall be made available to authorized representatives of ARC and the Concerned Funding Agencies for inspection and review at all reasonable times in the Consultant's office where data is normally accumulated. Approval and acceptance of such material shall not relieve the Consultant of its professional obligation to correct, at its expense, any errors found in the work unless such errors can be shown to be caused by inaccurate or incomplete information provided by ARC.

16. Maintenance of Cost Records. The Consultant shall maintain all books, documents, papers, accounting records and other evidence pertaining to costs incurred on the Project and shall make such material available at all reasonable times during the period of the agreement, and for three years from the date of final payment under the agreement, for inspection by ARC, the Concerned Funding Agencies, and if the work and services to be performed under this agreement is wholly or partially funded with federal funds, the Comptroller General of the United States, or any of their duly authorized representatives. The Consultant shall include the provisions of this paragraph in any subcontract executed in connection with this Project.

17. No Obligation by the Federal Government. ARC and the Consultant acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to ARC, the Consultant, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract.

The Consultant agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.

18. Status as Independent Consultants. Nothing contained in this agreement shall be construed to constitute the Consultant or any of its employees, servants, agents or subcontractors as a partner, employee, servant, or agent of ARC, nor shall either party to this agreement have any authority to bind the other in any respect, it being intended that each shall remain an independent Consultant.

19. Consultant's Personnel. The Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this agreement. Such personnel shall not be employees of ARC, nor shall such personnel have been employees of ARC during any time within the twelve-month period immediately prior to the date of this agreement, except with the express prior written consent of ARC. Further, the Consultant agrees that no such former ARC employees shall be involved in any way with the performance of this agreement, without the express prior written approval of ARC.

20. Employees' Rate of Compensation. The rate of compensation for work performed under this project by a staff member or employee of the Consultant shall not exceed the compensation of such person that is applicable to his or her other work activities for the Consultant.

Charges for salaries and wages of individuals shall be supported by time and attendance and payroll distribution records.

21. Interest of Consultant. The Consultant covenants that neither the Consultant, nor anyone controlled by the Consultant, controlling the Consultant, or under common control with the Consultant, nor its agents, employees or Consultants, presently has an interest, nor shall acquire an interest, direct or indirect, which would conflict in any manner or degree with the performance of its service hereunder, or which would prevent, or tend to prevent, the satisfactory performance of the Consultant's service hereunder in an impartial and unbiased manner. The Consultant further covenants that in the performance of this agreement no person having any such interest shall be employed by the Consultant as an agent, Consultant or otherwise. If the Consultant contemplates taking some action which may constitute a violation of this paragraph, the Consultant shall request in writing the advice of ARC, and if ARC notifies the Consultant in writing that the Consultant's contemplated action will not constitute a violation hereof, then the Consultant shall be authorized to take such action without being in violation of this paragraph.

22. Interest of Members of ARC and Others. No officer, member or employee of ARC, and no public official of any local government which is affected in any way by the project, who exercises any function or responsibilities in the review or approval of the project or any component part thereof, shall participate in any decision relating to this agreement which affects his or her personal interests or the interest of any corporation, partnership or association in which he or she is directly, or indirectly, interested; nor shall any such officer, member or employee of ARC, or public official of any local government affected by the project, have an interest, direct or indirect, in this agreement or the proceeds arising therefrom.

23. Officials Not to Benefit. No member of or delegate to the Congress of the United States of

America, resident commissioner or employee of the United States Government, shall be admitted to any share or part of this agreement or to any benefits to arise herefrom.

24. Compliance with Requirements of the Concerned Funding Agencies. The Consultant shall be bound by the applicable terms and conditions of the Grant Contract between ARC and the Concerned Funding Agencies which said Grant Contract is on file in the offices of ARC and is hereby made a part of this agreement as fully as if the same were attached hereto.

ARC will notify the Consultant in writing of any applicable changes within a reasonable time after ARC has received appropriate notice of such changes from the Concerned Funding Agencies.

25. Federal Changes. Consultant shall at all times comply with all applicable U.S. DOT regulations, policies, procedures and directives as they may be amended or promulgated from time to time during the term of this contract. Consultant's failure to so comply shall constitute a material breach of this contract.

26. Rights in Documents, Materials and Data Produced. For purposes of this agreement, "data" includes, but is not limited to, writings, sound recordings, computer programs, photographs, films, videotapes or other graphic representations and works of a similar nature. ARC and the Concerned Funding Agencies shall have the right to use same without restriction or limitation and without compensation to the Consultant other than as provided in this agreement. The Consultant acknowledges that matters regarding rights to inventions and materials generated by or arising out of this agreement may be subject to certain regulations issued by the Concerned Funding Agencies.

27. Data and Software Licensing. During performance of the work covered by this Agreement

ARC may provide certain data or software products, such as aerial photography, roadway analytics/traffic data or commercially available planning data and software, to the Consultant that have been obtained from various sources under specific licensing agreements. The Consultant acknowledges that any data or software that ARC may provide hereunder is provided as a non-exclusive, non-transferable, limited license for the Consultant or its Sub-consultants to use the data or software for the work covered by this Agreement only. The Consultant shall not redistribute, republish or otherwise make this data or software available to any party not covered by this Agreement. The Consultant or any Sub-consultants shall not use this data or software for any work not covered by this Agreement. The Consultant further acknowledges that upon completion of the project covered by this Agreement all data and software provided by ARC will be returned to ARC and all copies of the data or software residing on the Consultant’s or Sub-consultant’s computer systems will be removed.

28. Publicity. Articles, papers, bulletins, reports or other material reporting the plans, progress, analysis or results and findings of the work conducted under this agreement shall not be presented or published…