COMPANY NAME: CONTACT PERSON: ADDRESS: CITY: PHONE: FAX ADDRESS:

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1 ACKNOWLEDGEMENT OF RECEIPT OF BID PACKAGE Upon receipt of documents, please fax or this page to: City of Hapeville Finance Department Attention: Mike Clark 3468 North Fulton Avenue Hapeville, GA Phone: I hereby acknowledge receipt of documents pertaining to the above reference bid. COMPANY NAME: CONTACT PERSON: ADDRESS: CITY: PHONE: FAX ADDRESS: (Signature) (Date)

2 REQUEST FOR PROPOSAL NUMBER COMPREHENSIVE PLAN PROPOSALS OPEN: February 25, 2009, 2:00 PM EST in hard copy, not electronic copy or via . Questions should be directed to City of Hapeville, Mike Clark via to: (See Schedule of Events, Attachment A) Instructions to Proposers: All spaces below are to be filled in and the Proposal Letter on page two must be signed where indicated. Failure to sign and return the Proposal Letter may cause rejection of the proposal. COMPANY NAME: CONTACT PERSON: ADDRESS: CITY: PHONE: FAX ADDRESS: Submit Proposal to: Mr. Mike Clark City of Hapeville Finance Department 3468 North Fulton Avenue Hapeville, Georgia

3 City of Hapeville PROPOSAL LETTER We propose to furnish and deliver any and all of the deliverables and services named in the attached Request for Proposals (RFP) for which prices have been set. The price or prices offered herein shall apply for the period of time stated in the RFP. It is understood and agreed that this proposal constitutes an offer, which when accepted in writing by the City of Hapeville, and subject to the terms and conditions of such acceptance, will constitute a valid and binding contract between the undersigned and the City of Hapeville. It is understood and agreed that we have read the City s specifications shown or referenced in the RFP and that this proposal is made in accordance with the provisions of such specifications. By our written signature on this proposal, we guarantee and certify that all items included in this proposal meet or exceed any and all such City specifications. We further agree, if awarded a contract, to deliver goods and services which meet or exceed the specifications. The City of Hapeville reserves the right to reject any or all proposals, waive technicalities, and informalities, and to make an award in the best interest of the City. It is understood and agreed that this proposal shall be valid and held open until February 25, PROPOSAL SIGNATURE AND CERTIFICATION (Bidder to sign and return with proposal) I certify that this proposal is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a proposal 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 the proposal and certify that I am authorized to sign this proposal for the proposer. I further certify that the provisions of the Official Code of Georgia Annotated, Section et. seq. have not been violated and will not be violated in any respect. Authorized Signature Date Print/Type Name Print/Type Company Name Here

4 TABLE OF CONTENTS Topic Section Reference INTRODUCTION 1.0 Purpose of Procurement 1.1 Basic Guidelines for This Request for Proposals 1.2 Schedule of Events 1.3 Restrictions on Communications with Staff 1.4 DESCRIPTION OF REQUIREMENTS 2.0 Introduction 2.1 Objective of the Procurement 2.2 Project Oversight and Staffing 2.3 Detailed Services Required 2.4 Project Scope Project Deliverables Information to be provided in the Proposal Project Cost 2.5 PROPOSAL SUBMISSION AND EVALUATION 3.0 Economy of Presentation 3.1 Required Organization of Offeror Proposals 3.2 Submission of Proposals 3.3 Technical Proposal Cost Proposal Evaluation Criteria and Process 3.4 City of Hapeville Review of Proposals Evaluation Committee TERMS AND CONDITIONS 4.0 Vendor Registration 4.1 RFP Amendments 4.2 Proposal Withdrawal 4.3 Contract 4.4 Payment for Services 4.5 Conflict of Interest 4.6 Confidentiality Requirements 4.7 Policy on Drug-Free Workplace 4.8 Financial Information 4.9

5 Appendices: 1. Appendix A - Schedule of Events 2. Appendix B Contract 3. Appendix C - Cost Proposal 4. Appendix D Chapter , Minimum Standards and Procedures for Local Comprehensive Planning. 5. Appendix E A Practical Guide for Fulfilling the Transportation Element for Cities and Counties in the Atlanta Region. 6. Appendix F Plan Hapeville 2025 Comprehensive Plan adopted July 15, Contact the Planning Department for a copy or online at:

6 1.0 INTRODUCTION 1.1 Purpose of Procurement To obtain the services of a qualified firm for the development of the City s Comprehensive Plan (See Description of Requirements, Section 2, for specific details) 1.2 Basic Guidelines for This Request for Proposals The City of Hapeville has determined that the use of competitive sealed bidding will not be practical or advantageous to the City in completing the acquisition of the services and/or commodities described herein. Competitive sealed proposals shall be submitted in response hereto in the same manner as competitive sealed bids and shall be opened in the same manner as competitive sealed bids. The proposals shall be evaluated in accordance with the evaluation criteria set forth in this Request for Proposal (RFP). Subsequent to the opening of the sealed proposals, discussions may be conducted by the City of Hapeville with responsible offerors who submit proposals determined to be reasonably susceptible of being selected for award for the purpose of clarification to assure a full understanding of and responsiveness to the solicitation requirements. Offerors shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals; and such revisions may be permitted after submissions and prior to award for the purpose of obtaining best and final offers. In conducting any such discussions, there shall be no disclosure of any information derived from proposals submitted by competing offerors. All such discussions shall be conducted by the City of Hapeville Contracting Officer named below: Name: Mr. Mike Clark City of Hapeville Finance Department 3468 North Fulton Avenue Hapeville, Georgia Telephone: mclark@hapeville.org Award(s) shall be made to the responsible offeror(s) whose proposal(s) is determined in writing to be the most advantageous for the City, taking into account all of the evaluation factors set forth in this RFP. No other factors or criteria shall be used in the evaluation. The City of Hapeville reserves the right to reject any and all proposals submitted in response to this request.

7 1.3 Schedule of Events Release of RFP and posted to Internet 02/25/11 Deadline for Written Questions 03/07/11 *Submit via only to Contracting Officer: Offerors' Conference and Site Visit *Non-mandatory 10:00am Location : City of Hapeville City Hall Conference Room 3468 North Fulton Avenue Hapeville, GA Conference Addendum (Transcript/Q&A et. al.) *Posted to Internet at Proposals Due to City of Hapeville 5:00pm Oral Presentations and/or Interviews 03/24/11 03/25/11 Technical Evaluation Complete 03/25/11 Contract Award (on/about) 03/30/11 Contractor Begins Work 03/31/ Restrictions on Communications with Staff From the issue date of this RFP until a contractor is selected and the selection is announced, offerors are not allowed to communicate for any reason with any City Staff except through the Contracting Officer named herein, or during the offeror's conference, or as provided by existing work agreement(s). For violation of this provision, the City shall reserve the right to reject the proposal of the offending offeror. All questions concerning this RFP must be submitted in writing (via ) to the Contracting Officer. No questions other than written will be accepted. No response other than written will be binding upon the City. 2.0 DESCRIPTION OF REQUIREMENTS 2.1 Introduction The City of Hapeville has established certain requirements with respect to proposals to be submitted by offerors.

8 Whenever the terms "shall", "must", "will", or "is required" are used in the RFP, the specification being referred to as a mandatory requirement of this RFP. Failure to meet any mandatory requirement will cause rejection of offeror's proposal. Whenever the terms "can", "may", or "should" are used in the RFP, the specification being referred to is a desirable and failure to provide any items so termed may not be cause for rejection, however, will probably cause a reduction in score awarded. 2.2 Objective of the Procurement The overall objective of this Request for Proposal is to obtain professional services of a qualified consultant to develop the City s Comprehensive Plan. The City s Comp Plan must meet all minimum standards as established by the Georgia Department of Community Affairs (DCA) Rules and published in Chapter : Standards and Procedures for Local Comprehensive Planning (effective May 1, 2005), which is included as Appendix-D. To obtain a copy of City of Hapeville s current Comprehensive Plan, interested bidders must download the document at The City of Hapeville is a Basic Level Planning jurisdiction based on the Year 2000 Census of Population. All Basic Level Planning requirements must be met by the consulting firm who will provide these services to the City of Hapeville via this Request for Proposal (RFP). The City of Hapeville s Comprehensive Plan is required to maintain its Qualified Local Government status with the State of Georgia. 2.3 Project Oversight and Staffing The successful offeror will report to the Community Development Department. The successful offeror will report project status to Chris Montesinos Planning & Zoning Manager, 3468 North Fulton Avenue, Hapeville, GA 30354, Phone and cmontesinos@hapeville.org at the proposed or specified intervals during the work via in process reviews (IPRs), reports and/or other interactions as proposed or specified. 2.4 Detailed Services Required Project Scope The Comp Plan will require an inventory of existing conditions, an assessment of current and future needs, an articulation of goals and an associated implementation plan. The plan must review, evaluate and document changes to eight (8) elements required for the Comp Plan as established by Chapter : Standards and Procedures for Local Comprehensive Planning (effective May 1, 2005).

9 A. Community Assessment Develop a Community Assessment that reflects the current status of Hapeville. This portion of the Comprehensive Plan will meet the minimum planning requirements of DCA, and provide the statistical framework for which to develop the vision for the future of Hapeville. B. Community Participation Provide for community visioning and implementation of the City of Hapeville Community Participation Program. Consultant shall draft the City s Community Participation Program. C. Community Agenda Develop policies and implementation strategies required for completion of each element required for adoption and submittal of the Comprehensive Plan. Each element shall be delivered per Georgia DCA standards and as outlined below. At a minimum, this step must include development of a Community Vision, Final Community Issues and Opportunities and an Implementation Program: 1. Community Visioning With the assistance of the City, the Consultant will development and implement and process for engaging the public and creating a Community Vision. The Community Vision must be supported by the Community Goals and Implementation Program. The Community Vision is intended to create a complete picture of what the City desires to become. Use of visualization efforts, such as photography-based preference surveys, or other similar techniques is strongly encouraged. The Vision must be based upon public input, the assessment of current and future needs, and coordination with other elements of the plan and must identify how the Community Vision addresses Community, Regional and State Planning Goals and Objectives, and which of these will be used as guiding principles for future development of the City. The Vision document must include pictures, illustrations and/or a complete description of development patterns, including identification of areas to be developed, areas to remain as public or private open space, areas where mixed-use development and similar pedestrian friendly forms of development will be encouraged, areas where mid-rise development could be appropriate and areas where community and neighborhood revitalization are feasible and desirable. The Community Vision shall include a General Vision Statement, Future Development Map and Defining Narrative. 2. Community Issues and Opportunities A final list of issues and opportunities shall be identified. Analyze the Community Assessment and finalize issues and opportunities based on new information and

10 community input. Each issue and opportunity must be followed-up with corresponding implementation measures in the Implementation Program. A. Community Assessment Develop a Community Assessment that reflects the current status of Hapeville. This portion of the Comprehensive Plan will meet the minimum planning requirements of DCA, and provide the statistical framework for which to develop the vision for the future of Hapeville. B. Community Participation Provide for community visioning and implementation of the City of Hapeville Community Participation Program. Consultant shall draft the City s Community Participation Program. C. Community Agenda Develop policies and implementation strategies required for completion of each element required for adoption and submittal of the Comprehensive Plan. Each element shall be delivered per Georgia DCA standards and as outlined below. At a minimum, this step must include development of a Community Vision, Final Community Issues and Opportunities and an Implementation Program: 1. Community Visioning With the assistance of the City, the Consultant will development and implement and process for engaging the public and creating a Community Vision. The Community Vision must be supported by the Community Goals and Implementation Program. The Community Vision is intended to create a complete picture of what the City desires to become. Use of visualization efforts, such as photography-based preference surveys, or other similar techniques is strongly encouraged. The Vision must be based upon public input, the assessment of current and future needs, and coordination with other elements of the plan and must identify how the Community Vision addresses Community, Regional and State Planning Goals and Objectives, and which of these will be used as guiding principles for future development of the City. The Vision document must include pictures, illustrations and/or a complete description of development patterns, including identification of areas to be developed, areas to remain as public or private open space, areas where mixed-use development and similar pedestrian friendly forms of development will be encouraged, areas where mid-rise development could be appropriate and areas where community and neighborhood revitalization are feasible and desirable. The Community Vision shall include a General Vision Statement, Future Development Map and Defining Narrative.

11 2. Community Issues and Opportunities A final list of issues and opportunities shall be identified. Analyze the Community Assessment and finalize issues and opportunities based on new information and community input. Each issue and opportunity must be followed-up with corresponding implementation measures in the Implementation Program. 3. Implementation Program An overall implementation program for achieving the Community Vision based on addressing the Community Issues and Opportunities shall be created. The Program shall identify specific measures to be undertaken to implement the Plan. The use of specialized tools, such as Sketch-Up, Index or other tools that helps analyze information or convey information is strongly encouraged. At a minimum, the Implementation Program shall include: a. Minimum Planning Elements. Previous planning standards have required certain planning elements to be included within the Comprehensive Plan. DCA now requires the Community Assessment to include the majority of this information. Although not required by DCA as part of the Community Agenda, these elements provide useful data and information that helps to tell the story of the Implementation Program. As part of the Community Agenda, prepare a summary document for incorporation into the Agenda that includes a discussion of each element. This is not meant to replace or dismantle the Community Assessment, but instead to supplement - if necessary - and highlight important summary information, maps, graphs, etc. The following planning elements shall be included in the City of Hapeville Comprehensive Plan: Population, Economic Development, Natural and Cultural Resources, Community Facilities and Services, Housing, Land Use, Transportation and Intergovernmental Coordination. 1. Population Element. The Population Element provides the opportunity to inventory and assess trends in population growth or decline and in the demographic characteristics of the population. This information, merged with information in the natural and cultural resources element that identifies constraints and/or opportunities affecting future development, forms a foundation for the economic development, community facilities and services, transportation, housing and land use elements of the plan. 2. Economic Development Element. The Economic Development Element provides the opportunity to inventory and assess the community's economic base, labor force characteristics (including its spatial distribution over time), and local economic development opportunities and resources; to determine economic needs and goals; and to merge this information with

12 information about population trends and characteristics, natural resources, community facilities and services, housing and land use so that a strategy for the economic wellbeing of the community can be developed. 3. Housing Element. The Housing Element provides the opportunity to inventory the existing housing stock and its condition, occupancy and affordability characteristics; to assess its adequacy and suitability for serving current and future population and economic development needs; to articulate community housing goals; and to formulate an associated implementation program for the adequate provision of housing for all sectors of the population. 4. Natural and Cultural Resources Element. The Natural and Cultural Resources Element provides the opportunity to inventory the natural, environmentally sensitive, historic, archeological and cultural resources of the City; to assess current and future needs for protection or management of these resources; and to develop goals, policies and strategies for their appropriate use, preservation and protection. 5. Community Facilities and Services Element This element provides the opportunity to inventory a wide range of community facilities and services, to assess the adequacy for serving and present and future population and economic needs, and to articulate community goals and associated implementation program for providing the desired level of public facilities and services throughout the planning period. The purpose of this element is to assist in coordinating the planning of public facilities and services in order to make most efficient use of existing infrastructure as well as future investments and expenditures for capital improvements and long-term operation and maintenance costs. 6. Land Use Element. The Land Use Element provides the opportunity to inventory existing land use patterns and trends; to guide/direct future patterns of growth, based on community needs and desires; and to develop goals, policies and strategies for future land use that support and reflect the economic, housing, community service and natural and cultural goals and policies of the plan. At a minimum, the plan must contain a Future Land Use Map and a land use character map called the Area Plan Policy Map. Land use goals and policies must implement the Community Vision; establish meaningful and predictable standards for the use and development of land, and meaningful guidelines for the content of more detailed land development and use regulations.

13 The City s Future Development Map for shall be developed. The Future Development Map will become a primary input for forecasting infrastructure needs within the City. Therefore, the Planning & Zoning Department must approve the final configuration of land uses represented on the proposed Future Land Use Plan Map before it is presented to the Mayor and Council for preliminary approval. Preliminary approval of the Council will be sought subsequent to sketch planning analysis, but prior to final drafting of the goals and policies that will be developed in the Community Agenda program. 7. Intergovernmental Coordination Element. The Intergovernmental Coordination Element provides an opportunity to inventory existing intergovernmental coordination mechanisms and processes with other local governments and governmental entities that can have profound impacts on the success of implementing Hapeville s comprehensive plan. The purpose of this element is to assess the adequacy and suitability of existing coordination mechanisms to serve the current and future needs of the community and articulate goals and formulate a strategy for effective implementation of community policies and objectives that, in many cases, involve multiple governmental entities. 8. Transportation Element. The Transportation Element should describe planned or needed projects and programs. Discuss all modes of transportation, including pedestrian, bicycle, vehicle, rail, and bus. b. Short-Term Work Program. Develop a Short-Term Work Program setting out the specific actions the City intends to take during each of the next five years to further the Community Goals. The City of Hapeville will use the short-term work program as an annual implementation tool. It must be developed accurately and carefully. 1. Brief description of the activity; 2. Timeframe for undertaking the activity; 3. Responsible party for implementing the activity; 4. Estimated cost, if any; 5. Funding source(s),if applicable; 6. Success Measures. c. Long-term and Ongoing Activities Work Program. Create a Long-term and Ongoing Activities Program that identifies specific long-term and ongoing activities to be undertaken beyond the first five-year time frame. d. Policies.

14 Identify any policies needed to provide ongoing guidance and direction to the City. The consultant shall provide an estimated start and completion date, schedule and timetable for an update to all elements and requirements of the Minimum Planning Standards and Procedures for Local Comprehensive Planning. It is imperative that the Comprehensive Plan includes updated information regarding Hapeville s LCI and its recent adoption of a Tax Allocation District. The following dates are currently established: Date February 25- March 7, 2011 March 2, 2011 March 21, 2011 March 24-25, 2011 March 25, 2011 June 17, 2011 July 12, 2011 July 19, 2011 August 2, 2011 August 3, 2011 August 31, 2011 September 1, 2011 Activity Solicit RFPs from qualified consultants. Pre-bid conference. Proposals Due to Contracting Officer Interviews held with Prospective Consultants; Preliminary Selections are Made. Award/Selection of Vendor Comp Plan Submitted to Planning & Zoning Comp Plan Presented to Planning Commission Comp Plan Presented During City Council Work Session Comp Plan Presented During City Council Meeting for Final Adoption Comp Plan Submitted to ARC for Review and Approval Target Date for Receiving ARC Comments/Comp Plan Updates Presented during Council Work Session Comp Plan Finalized Project Deliverables The successful consultant shall be required to attend and record meetings; and incorporate information gathered from the community through a citizen participation process. This process shall include two (2) public workshops and two (2) public meetings and should be facilitated by the consultant. The consultant shall prepare, draft, and finalize documents for the Comp Plan in both electronic and hard copy formats as determined by the City of Hapeville and the Georgia Department of Community Affairs (DCA) Information to be provided in the Proposal The offeror MUST provide information on the following which will be evaluated and assigned points as determined by the evaluation committee prior to bid opening. This will be facilitated through the preparation of an evaluation worksheet(s) that will follow the RFP stated requirements. Evaluation worksheets are not available during the solicitation process but are available after the award process under the Georgia Open Records Act, as are all other solicitation documentation.

15 Description of Firm's Experience with Similar Projects: The size and overall experience of the offeror with large organizations should be described. Capabilities and experience in applying technology should be included. Also, experience with other governmental entities should be described with references provided. Description of Firm's Experience Specifically with Governmental Operations: Specific experience with the federal, other state governments and local governments should be described. The Offeror s experience, as demonstrated by the establishment of work on prior comprehensive plans, will be assessed. Proposed Approach to Performing Including a Timeline. The following should be included: Description of approach which will fully address the requirements of this RFP. Proposed methodology for benchmarking performance A work plan for the project, which meets the stated deadlines of the City. For each deliverable, describe the scope, duration or milestone date and delivery, inspection and acceptance criteria that will be used by the receiving department contract manager or a project timeline with milestones etc. Proposed Organization and Staffing for the Project and Staff's Qualifications. The following should be addressed: Proposed Organizational Chart for the Project Description of Responsibilities for All Proposed Staff; Names and Resumes of Key Staff Proposed (be specific here); Specific Familiarity with Comprehensive Plans. The Offeror s logic and credibility of the project management and communications processes will be assessed. Time Commitments of Proposed Staff (full time/part time and/or number of days/months/years per person over the course of the project). 2.5 Project Cost Each offeror MUST present a fixed cost proposal for the work to be performed. Such cost proposal should include all costs (separate provisions for travel and/or per diem will not be accepted). 3.0 PROPOSAL SUBMISSION AND EVALUATION 3.1 Economy of Presentation

16 Each proposal shall be prepared simply and economically, providing straight-forward, concise delineation of offeror's capabilities to satisfy the requirements of this RFP. Two-sided proposals are preferred. Fancy bindings, colored displays, and promotional materials are not required. Emphasis on each proposal must be on completeness and clarity of content. To expedite the evaluation of proposals, it is essential that offerors follow the format and instructions contained herein. 3.2 Required Organization of Offeror Proposals The content of the Technical Proposal must be organized as follows: Address each paragraph by inserting requested information following each RFP paragraph. If no information is requested, acknowledge paragraph by stating read and understood, read and will comply or other appropriate acknowledgement. For simplicity, type the Table of Contents and insert verbiage to verify that the document has been thoroughly read. Where information is requested, provide succinct, well written response, complete and thorough answers, as required. Number response keyed to the paragraph that your response addresses. If you cross reference or reference supplemental material at enclosures or appendices or annexes to proposal response, insure you number response in supplemental materials showing exactly what paragraph in RFP the supplemental material is addressing. Be careful not to qualify your Cost Proposal with If...Then statements. A qualified cost proposal response will be rejected and your proposal will not be further considered 3.3 Submission of Proposals Proposals must be submitted in two parts: a Technical Proposal and Cost Proposal. The proposal packages should be sealed in separate envelopes and identified as follows: Technical/Cost Proposal: Comprehensive Plan RFP Number: # Proposal Due Date and Time: March 21, 5:00pm All proposals are due at the location specified no later than the date and time specified herein Technical Proposal The Technical Proposal must include detailed information relative to how you propose to accomplish the tasks described in the Description of Work (Section 2.0) contained in this document. The Technical Proposal MUST not include any cost figures. An original and four (4) copies of the Technical Proposal are required. The Proposal Letter, included as page two of this package, must be included in this part and must be signed by a person authorized to legally bind the company. FAILURE TO INCLUDE THIS SIGNED PROPOSAL LETTER WILL RESULT IN THE REJECTION OF YOUR RESPONSE.

17 3.3.2 Cost Proposal (Appendix C) The Cost Proposal, Appendix C, must be packaged separately and include information as requested herein relative to the costs proposed to accomplish the proposed project. An original and four (4) copies of the Cost Proposal are required. Use the Cost Proposal at Appendix C. 3.4 Evaluation Criteria and Process Review of Proposals All proposals received will be reviewed by the Contracting Officer to ensure that all administrative requirements of the RFP package have been met by the offerors. Each proposal will be reviewed to ensure that the offeror submitted a separately packaged cost proposal and technical proposal, that only technical information is included in the technical proposal and only cost information is included in the cost proposal, and that all documents requiring a signature have been signed. Failure to meet these requirements may be cause for rejection of a proposal. All technical proposals that meet the administrative requirements will then be turned over to the technical evaluation team members for further evaluation Evaluation Committee The Evaluation Committee, along with the assistance of purchasing staff on the evaluation process, will review all proposals received and determine a ranking. Additionally, the Committee may, in its sole discretion and in the course of its evaluation, arrange a site visit or request presentations/demonstrations with one or more selected offerors. 4.0 TERMS AND CONDITIONS 4.1 Vendor Registration Vendors responding to this RFP need to become a registered Vendor in order to sell products or services to the City of Hapeville. Please note that the vendor file is a good source for vendor information but not the only source. Registration does not guarantee that your firm will be solicited for any or all requirements. The vendor file will also be used to support financial transactions with vendors including invoice payments. If you have any question or concerns, please feel free to contact: Mike Clark City of Hapeville Finance Department 3468 North Fulton Avenue Hapeville, Georgia Telephone: (404) mclark@hapeville.org

18 4.2 RFP Amendments The City of Hapeville reserves the right to addend the RFP prior to the date of proposal submission. Addenda will be posted to the Internet, see Appendix A, Schedule of Events for address. 4.3 Proposal Withdrawal Prior to the proposal due date, a submitted proposal may be withdrawn by the offeror by submitting a written request to the Contracting Officer named herein. All such requests must be signed by a person authorized to sign for the offeror. 4.4 Contract The contract which the City intends to use with the successful offeror is attached to this RFP and identified as Appendix B. Prospective offerors are urged to carefully read this contract prior to making their offers. Contract and any exceptions to the Contract must be submitted with offeror's proposal. The City reserves the right to add provisions to the contract to be consistent with the successful offeror's offer and to negotiate with the successful offeror other additions to, deletions from, and/or changes in the language in the Contract, provided that no such addition, deletion or change in Contract language would, in the sole discretion of the City affect the evaluation criteria set forth herein, or give the successful offeror a competitive advantage. Any exceptions to the agreement must be clearly identified, accompany the offeror's proposal and be attached to the agreement. Offerors are cautioned that any exception submitted that will give the Offeror a competitive advantage over another offeror or that will cause a failure to meet a mandatory requirement of the RFP will not be accepted. Prior to award, the apparent winning offeror will be required to enter into discussions with the City to resolve any contractual differences before an award is made. These discussions are to be finalized and all exceptions resolved within one (1) week of notification, if not, this could lead to rejection of the offeror's proposal and discussions initiated with the second highest scoring offer. Offeror will not retype the enclosed contract. Contractor should sign and return contract with proposal. 4.5 Payment for Services The City will make monthly payments to the successful offeror by taking the total bid and dividing it by the months required for the contract period beginning at project start and ending at project completion as described herein. 4.6 Conflict of Interest If an offeror has any existing client relationship(s) that involve the City of Hapeville that would prevent them from being objective, the offeror must disclose such relationship(s).

19 4.7 Confidentiality Requirements The staff members that are assigned by the successful offeror to this project may be required to sign a departmental non-disclosure statement. Proposals are subject to the Georgia Open Records Act and may be provided to anyone properly requesting same, after contract award. The City cannot protect proprietary data submitted in vendor proposals. 4.8 Policy on Drug-Free Workplace The final award of a contract is contingent upon the contractor certifying to the City that a drugfree workplace will be provided for the Contractor's employees during the performance of the contract as required by the "Drug-Free Workplace Act' (O.C.G.A ). 4.9 Financial Information The City is concerned about proposers financial capability to perform. Therefore, please provide sufficient data to lead evaluators to the conclusion that your firm has the financial capability to perform. As detailed financial data is generally proprietary and bidders do not wish such information to be part of the public record under the Georgia Open Records Act (G.O.R.A.), the City reserves the right to perform additional due diligence in this area, at the sole discretion of the City, prior to award of any contract.

20 APPENDICES: 1. APPENDIX A: Schedule of Events 2. APPENDIX B: Contract Attachment 1 Subcontract Affidavit Exhibit 1 Contractor and Affidavit Agreement Exhibit A Contract Agreement Addendum 3. APPENDIX C: Cost Proposal 4. APPENDIX D: Chapter , Minimum Standards and Procedures for Local Comprehensive Planning 5. APPENDIX E: A Practical Guide for Fulfilling the Transportation Element for Cities and Counties in the Atlanta Region* 6. APPENDIX F: Hapeville Plan 2025 Comprehensive Plan, adopted July 15, 2005, with amendments and Land Use Map* *For copies, contact the City s Planning & Zoning Department or the documents are available online at

21 APPENDIX A Schedule of Events Release of RFP and posted to Internet 02/25/11 Deadline for Written Questions 03/07/11 *Submit via Only to Contracting Officer: (mclark@hapeville.org) Offerors' Conference and Site Visit 10:00am Location : City of Hapeville City Hall Conference Room 3468 North Fulton Avenue Hapeville, GA Proposals Due (Closing Date) to City of Hapeville 5:00pm Oral Presentations and/or Interviews 03/24/11-03/25/11 Technical Evaluation Complete 03/25/11 Contract Award (on/about) 03/30/11 Contractor Begins Work 03/31/11

22 APPENDIX B Contract Agreement This Contract Agreement made and entered into this day of, in the year 2011; by and between The City of Hapeville, Georgia, having its principal place of business at 3468 North Fulton Avenue, Hapeville, Georgia and ( Contractor ). WHEREAS, the City of Hapeville has caused the Request for Proposal to be issued soliciting proposals from qualified contractors to furnish all items, labor services, materials and appurtenances called for by them in accordance with this proposal; and WHEREAS, the Contractor submitted a proposal in response to the RFP; and WHEREAS, the Contractor s Proposal was deemed by the City of Hapeville to be the proposal most advantageous to the City; NOW THEREFORE, in consideration of the mutual covenant and promises contained herein, the parties agree as follows: 1.0 Scope of Work The Contractor agrees to provide all services and comply with all requirements specified in RFP # the Services, and provide those services as may additionally be specified in the Contractor s Proposal in accordance with the terms and conditions of this Agreement. Said specifications are hereby made a part of this Agreement by reference. 2.0 Independent Contractor 2.1 The Contractor shall be an Independent Contractor. The Contractor is not an employee, agent or representative of the City of Hapeville. The successful Contractor shall obtain and maintain, at the Contractor s expense, all permits, license or approvals that may be necessary for the performance of the services. The Contractor shall furnish copies of all such permits, licenses or approvals to the City of Hapeville Representative within ten (10) day after issuance. 2.2 Inasmuch as the City of Hapeville and the Contractor are contractors independent of one another, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both parities hereto. The Contractor agrees not to represent itself as the City s agent for any purpose to any party or to allow any employee of the Contractor to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. The Contractor shall assume full liability for any contracts or agreements the

23 Contractor enters into on behalf of the City of Hapeville without the express knowledge and prior written consent of the City. 3.0 Indemnification The Contractor agrees to indemnify, hold harmless and defend the City from and against any and all liabilities, suits, actions, legal proceedings, claims, demands, damages, costs and expenses (including attorney s fees) rising out of any act or omission of the Contractor, its agents, subcontractors or employees in the performance of this Agreement. 4.0 Insurance The Contractor shall, at its own cost and expense, obtain and maintain worker s compensation and commercial general liability insurance coverage covering the period of this Agreement, such insurance to be obtained from a responsible insurance company legally licensed and authorized to transact business in the State of Georgia. The minimum limit for Worker s Compensation Insurance shall be the statutory limit for such insurance. The minimum limits for commercial general liability insurance, which must include personal liability coverage will be $1,000,000 per person and $3,000,000 per occurrence for bodily injury and $500,000 per occurrence for property damage. 5.0 Termination 5.1 Any other provisions of this Agreement notwithstanding, each party has the right to terminate this Agreement if the other party breaches or is in default of any obligation hereunder which default or breach is incapable of cure or which, being capable of cure, has not been cured within thirty (30) days after receipt of written notice of such default (or such additional cure period as the non-defaulting party may authorize). In addition, if at any time after commencement of the Services, the City of Hapeville shall, in its sole reasonable judgment, determine that such Services are inadequate, unsatisfactory, no longer needed, or substantially not conforming to the descriptions, warranties, or representations contained herein, the City may terminate this Agreement upon thirty (30) days written notice to the Contractor. 5.2 The City of Hapeville may terminate the Agreement immediately without prejudice to any other right of action or remedy if the Contractor: Becomes insolvent, makes a general assignment for the benefit of creditors, files a voluntary petition of bankruptcy, suffers or permits the appointment of a receiver for its business or assets, or becomes subject to any proceeding under any bankruptcy or insolvency law, whether domestic or foreign, or has wound up or liquidated, voluntarily or otherwise. In the event that any of the above events occur, the Contractor shall immediately notify the City of Hapeville of each occurrence After five (5) days written notice fails to: a) Maintain the required insurance, or;

24 b) In any other manner to perform the requirements of the RFP. 6.0 Inclusion of Documents The RFP solicitation (# ), any amendments thereto, and the Contractor s Proposal submitted in response thereto, including any best and final offer, are incorporated in this Agreement by reference and form an integral part of this Agreement. In the event of a conflict in language between this Agreement and the foregoing documents incorporated herein, the provisions and requirements set forth in this Agreement shall govern. In the event of a conflict between the language of the RFP, as amended, and the Contractor s Proposal, the language in the former shall govern. 7.0 Compliance with All Laws and Licenses The Contractor must obtain all necessary licenses and comply with local, state and federal requirements. The Contractor shall comply with all laws, rules and regulations of any governmental entity pertaining to its performance under this Agreement. 7.1 Federal Requirements Federal Compliance Regulations Federal regulations apply to all City of Hapeville Contracts using Federal funds as a source for the solicitation for goods and services. Successful bidders must comply with the following Federal requirement as they apply to: 1. Equal Employment Opportunity The contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The Contractor shall comply with Executive Order 11246, as amended, and the rules, regulations, and orders of the Secretary of Labor. 2. Reports - The submission of reports to the City on behalf of the U.S. Department of Housing and Urban Development as may be determined necessary for the activities covered by this contract, which is federally funded; 3. Patents - The U.S. Department of Housing and Urban Development reserves a royaltyfree, nonexclusive and irrevocable right to use, and to authorize others to use, for Federal Government purposes: a. Any patent that shall result under this Agreement; and

25 b. Any patent rights to which the Contractor purchases ownership with grant support. 4. Copyrights - The U.S. Department of Housing and Urban Development reserves a royalty-free, nonexclusive and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for Federal Government purposes: a. The copyright in any work developed under this Agreement; and b. Any rights of copyright to which the Contractor purchases ownership with grant support. 5. Access to books, documents, papers and records of the Contractor which are directly pertinent to the Agreement for the purposes of making audit, examination, excerpts and transcriptions by Federal agencies, the Comptroller General of the United States, or any of their duly authorized representatives; and 6. Retention of all required records for three years after the City makes final payment and all other pending matters are closed. 8.0 Assignment The Contractor shall not assign or subcontract the whole or any part of this Agreement without the City of Hapeville s prior written consent. 9.0 Amendments in Writing No amendments to this Agreement shall be effective unless it is in writing and signed by duly authorized representatives of the parties Drug-Free and Smoke-Free Work Place 10.1 A drug-free and smoke-free work place will be provided for the Contractor s employees during the performance of this Agreement; and 10.2 The Contractor will secure from any subcontractor hired to work in a drug-free and smokefree work place a written certification so stating and in accordance with Paragraph 7, subsection B of the Official Code of Georgia Annotated Section The Contractor may be suspended, terminated, or debarred if it is determined that: The Contractor has made false certification herein; or The Contractor has violated such certification by failure to carry out the requirements of Official Code of Georgia Annotated Section

26 11.0 Work Authorization Program Exhibit A is hereby incorporated into this Agreement and made a part hereto. Exhibit A enables all parties to be in compliance with O.C.G.A as it pertains to statutorilyrequired verification of employees Governing Law This Agreement shall be governed in all respects by the laws of the State of Georgia Entire agreement This Agreement constitutes the entire Agreement between the parties with respect to the subject matter contained herein; all prior agreements, representations, statement, negotiations, and undertakings are suspended hereby. Neither party has relied on any representation, promise, nor inducement not contained herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed by their duly authorized officers as of the day and year set forth next to each signature. CITY OF HAPEVILLE: By: Title: Name: Date: CONTRACTOR: By: Title: Name: Date: ATTEST: Jennifer Elkins, City Clerk

27 ATTACHMENT 1 COUNTY OF FULTON STATE OF GEORGIA SUBCONTRACTOR AFFIDAVIT COMES NOW before me, the undersigned officer duly authorized to administer oaths, the undersigned subcontractor, who, after being duly sworn, states as follows: By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A and Georgia Department of Labor Rule , stating affirmatively that the individual, firm, or corporation which has engaged in the physical performance of services under a contract with (name of contractor) on behalf of 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 and Georgia Department of Labor Rule EEV / Basic Pilot Program User Identification Number FURTHER AFFIANT SAYETH NOT. * Any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or any other equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), P.L As of the effective date of O.C.G.A , the applicable federal work authorization program is the EEV / Basic Pilot Program operated by the U.S. Citizenship and Immigration Services Bureau of the U.S. Department of Homeland Security, in conjunction with the Social Security Administration (SSA). BY: Authorized Officer or Agent Date Subcontractor Name Title of Authorized Officer or Agent of Contractor Printed Name of Authorized Officer or Agent

28 Sworn to and subscribed before me This day of, 20 Notary Public My commission expires:

29 EXHIBIT 1 COUNTY OF FULTON STATE OF GEORGIA CONTRACTOR AFFIDAVIT AND AGREEMENT COMES NOW before me, the undersigned officer duly authorized to administer oaths, the undersigned Contractor, who, after being duly sworn, states as follows: 1. By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A and Georgia Department of Labor Rule , stating affirmatively that the individual, firm, or corporation which is contracting with the City of Hapeville, Georgia, 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 and Georgia Department of Labor Rule The undersigned Contractor further agrees that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to the contract with the City of Hapeville, Georgia, of which this affidavit is a part, the undersigned Contractor will secure from such subcontractor(s) similar verification of compliance with O.C.G.A and Georgia Department of Labor Rule through the subcontractor s execution of the subcontractor affidavit required by the Georgia Department of Labor Rule or a substantially similar subcontractor affidavit. A sample of a subcontractor affidavit is attached hereto as Attachment 1. The undersigned contractor further agrees to maintain records of such compliance and provide a copy of each such verification to the City of Hapeville, Georgia, at the time the subcontractor(s) is retained to perform such service. EEV / Basic Pilot Program User Identification Number FURTHER AFFIANT SAYETH NOT. * Any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or any other equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), P.L As of the effective date of O.C.G.A , the applicable federal work authorization program is the EEV / Basic Pilot Program operated by the U.S. Citizenship and Immigration Services Bureau of the U.S. Department of Homeland Security, in conjunction with the Social Security Administration (SSA).