48400_RWAQCSVS000101 P V2.pdf

ITB-48400-RWNTCS00101

1 Revised 10/13/2021 Version no. 1

Georgia Department of Transportation

Invitation to Bid

To Provide

Right of Way Negotiation Through Closing Services

County: Catoosa - P.I. Number 0013590

Bids Due: 5/5/2025 by 2:00PM EST

One Georgia Center

600 West Peachtree Street, NW Atlanta, Georgia 30308

2 Revised 10/13/2021

INVITATION TO BID ITB-48400-RWNTCS00101

Right of Way Negotiation Through Closing Services

I. GENERAL PROJECT INFORMATION

A. Overview

The Georgia Department of Transportation (“Department” or “GDOT”) is soliciting bids from qualified firm(s) to provide Right of Way Negotiation Through Closing services.

This solicitation seeks to identify potential firms to provide Right of Way Negotiation Through Closing services for the Scope of Services for the project(s)/contract(s) identified in Exhibit I. All respondents to this solicitation are subject to instructions communicated in this document, and are cautioned to completely review the entire solicitation and follow instructions carefully. GDOT reserves the right to reject any or all bids and to waive technicalities and informalities at its discretion.

Unless otherwise specified herein, capitalized terms and acronyms shall have the meanings given in Title 23, Part 710 of the Code of Federal Regulations (“CFR”), 49 CFR Part 24, or the Department’s Right of Way Policies & Procedures Manual.

B. IMPORTANT- A RESTRICTION OF COMMUNICATION IS IN EFFECT FOR THIS PROJECT.

From the advertisement date of this solicitation until a successful respondent(s) is selected and the award is made official and announced, firms are not allowed to communicate about this solicitation or scope with any staff of GDOT including the Commissioner and GDOT Board Members, except for the submission of questions as instructed in the solicitation, or with the contact designated in Section V, or as provided for by any existing work agreement(s). For violation of this provision, GDOT reserves the right to reject the submittal of the offending respondent.

C. Prohibition Against Collusive Bidding

Respondent shall not submit a bid that was made with a prior understanding, agreement, or connection with any corporation, firm, or individual submitting a proposal for the same project. The respondent shall submit a bid that is fair and made without collusion or fraud. Collusive bidding is a violation of state and federal law and such bidding can result in fines, prison sentences, and civil damage awards.

D. Certification

This solicitation is being conducted by GDOT under its authority to procure services ancillary to the construction and maintenance of a public road (as defined in O.C.G.A. 32-1-3 (24)) as provided for in the Official Code of Georgia Annotated (O.C.G.A.), sections. 32-2-61 (c) and (d) (1) (D).

E. Conflict of Interest

The Contractor agrees that all work done as part of the awarded agreement will comply fully with the provisions of O.C.G.A. §§ 45-10-20 through 45-10-28 relating to Conflicts of Interest when trading with State of Georgia employees and officials.

F. Americans with Disabilities Act Guidelines

The State of Georgia adheres to the guidelines set forth in the Americans with Disabilities Act.

Suppliers should contact the appropriate individual listed as Contracting Officer at least one day in advance if they require special arrangements when attending the Mandatory Pre-Bid Meeting (if any).

The Georgia Relay Center at 1-800-255-0056 (TDD Only) or 1-800-255-0135 (Voice) will relay messages, in strict confidence, for the speech and hearing impaired.

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G. Drug-Free Workplace

GDOT, as policy, operates all facilities as a drug-free workplace, and requires that the labor force of the respondent be drug-free. The Drug-Free Workplace Certification is attached as Exhibit IV.

If the respondent is an individual, he or she hereby certifies that he or she will not engage in the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana during the performance of any contract resulting from this Invitation to Bid. If the respondent is an entity other than an individual, it hereby certifies that:

1. A drug-free workplace will be provided for the Respondent’s employees during the performance of any contract resulting from this Invitation to Bid; and

2. It will secure from any subcontractor hired to work in a drug-free workplace the following written certification: "As a part of the subcontracting agreement with (contractor's name), (subcontractor's name) certifies to the contractor that a drug-free workplace will be provided for the subcontractor's employees during the performance of this contract pursuant to paragraph 7 of subsection B of O.C.G.A. § 50-24-3."

The respondent hereby acknowledges this requirement and asserts that the organization of the respondent adheres to such policy and practice. The respondent acknowledges that it may be required to produce certificates affirming its compliance of these requirements of drug-free workplace for duration of the agreement term, at execution, or at any time during the term of the agreement.

The respondent may be suspended, terminated, or debarred if it is determined that:

1. The respondent has made false certification hereinabove; or

2. The respondent has violated such certification by failure to carry out the requirements of

O.C.G.A. § 50-24.

H. Small and Minority Business Enterprise / DBE Participation

It is the policy of the State of Georgia that small businesses, female-owned businesses and minority businesses have a fair and equal opportunity to participate in the business activities of the Department.

Therefore, the Department encourages all small businesses, female-owned businesses and minority-owned businesses to compete for contracts to provide services, and encourages respondents to solicit female-owned businesses and minority-owned businesses in procuring sub-providers and suppliers.

This desire on the part of the Department is not intended to restrict or limit competitive bidding or to increase the cost of the work. The Department supports a healthy free market system that seeks to include responsible businesses and provides ample opportunity for business growth and development.

Respondents and sub-contractors who utilize qualified minority sub-contractors may qualify for a Georgia state income tax credits for qualified payments made to minority sub-contractors. See O.C.G.A. § 48-7-38.

The Georgia Department of Transportation has adopted a 16% overall annual goal for DBE participation on all projects. This goal is not to be considered as a fixed quota, set aside or preference. The DBE goal can be met by prime contracting, sub-contracting, joint venture or mentor/ protégé relationship.

For more information on the GDOT DBE Program please contact:

Equal Employment Opportunity (EEO) Office

One Georgia Center, Floor 7 600 West Peachtree NW Atlanta, Georgia 30308

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I. Scope of Services

Under the terms of the resulting contract(s), the selected contractor will provide Right of Way Negotiation Through Closing services, for the GDOT project(s)/contract(s) identified in Exhibit I. The anticipated scope of work for the project(s)/contract(s) is also included in Exhibit I. Compliance with all pertinent regulations (State/Federal/Local/Industry) is required. It is the responsibility of the respondent to obtain knowledge of rules and regulations relevant to the scope of work identified herein.

J. Contract Term and Type

GDOT anticipates one (1) contract award identified in Exhibit I. GDOT will issue purchase orders, which will incorporate and will be attached thereto all the terms and conditions in this solicitation, to the lowest, responsive, and responsible bidding firms (see Section II.C – Award Conditions for more information).

The purchase orders will serve as the official Notice to Proceed (NTP). It is GDOT’s intention that the contract(s) will remain in effect for the timeframes identified in Exhibit I. Any modifications to the timeframes shall be modified in writing by GDOT with a purchase change order.

II. SELECTION INFORMATION

A. Selection Process

Once the deadline for submission of a bid response has passed, all bids will be opened. Each respondent’s bid will be reviewed for responsiveness to determine if all mandatory requirements have been met. All responsive bids are then reviewed to verify that the Agent(s)1 identified by respondent (Exhibit II – Bid Summary Form, Agent List) are prequalified in the requisite service class(es) in accordance with Section VI – Criteria for Evaluation of Bids and Exhibit I. Once a respondent’s bid is determined to be responsive and responsible, the total amount of the bid (Exhibit II – Bid Summary Form, Pricing List) will be evaluated. The award(s) will be made to the respondent(s) that is deemed to be the lowest responsive and responsible bid.

B. Method of Communication

All general communication of relevant information regarding this solicitation will be made via the Georgia Procurement Registry (GPR) under ITB-48400-RWNTCS00217. All firms are responsible for checking the GPR on a regular basis for updates, clarifications, bid tabulation, and announcements.

GDOT reserves the right to communicate via electronic-mail with all respondents through their primary contact listed in the bid response document. Other specific communications will be made as indicated in this solicitation.

C. Award Conditions

This solicitation and any bid submitted in response, regardless of whether the bid is determined to be the lowest cost, is not binding upon GDOT and does not obligate GDOT to procure or contract for any services. The Department may:

1. Enter into negotiations with the apparent awardee(s) to determine if the apparent awardee(s) have the capacity, using information in Exhibit III, and means of delivering the scope of services in the timeframe noted.

2. Ask the apparent awardee to provide a best and final offer, or conduct interviews if deemed advantageous to the Department.

If an agreement cannot be reached with the apparent awardee(s), the firm with the next lowest cost will be invited to either enter into negotiations, provide a best and final offer, or interview with the Department as deemed advantageous to the Department.

Neither GDOT nor any party submitting a bid will be bound unless and until the bid is mutually accepted by both parties. GDOT will issue a Notice of Award announcing the awarded bidding firm.

1 “Agent(s) referenced here and throughout this ITB shall have the same meaning as Salesperson defined in O.C.G.A. § 43-40-1 (10).

See Section I of Exhibit I, Scope of Services.

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GDOT will issue a purchase order to the awarded firm which will represent GDOT’s acceptance of the apparent awardee(s')’s bid(s).

III. SCHEDULE OF EVENTS

The following Schedule of Events represents GDOT’s best estimate of the Schedule that will be followed.

All times indicated are prevailing times in Atlanta, Georgia. GDOT reserves the right to adjust the Schedule as GDOT deems necessary.

DATE TIME

a. GDOT issues public advertisement by posting it to the Georgia Procurement Registry (GPR) 4/17/2025

b. Online Mandatory TEAMS Pre-Bid Meeting N/A N/A

d. Deadline for submission of written questions, requests for clarification and requests for extension 4/24/2025 2:00 PM

e. Deadline for submission of bid response 5/5/2025 2:00 PM

IV. ONLINE MANDATORY TEAMS PRE-BID MEETING

Attendance for the Online Pre-bid meeting via Microsoft TEAMS is mandatory for all firms seeking to submit a bid for this solicitation. A bid submitted by a firm that did not attend the mandatory pre-bid meeting may be rejected unless prior written approval is granted by the Department, such determination to be made by the Department in its sole discretion. See Exhibit I - Scope of Services for general information. Additional information will be provided at the mandatory pre-bid meeting.

1. The Mandatory Pre-Bid Meeting will be held as a virtual meeting on N/A at N/A.

2. To RSVP for the Mandatory Pre-Bid Meeting, please contact N/A at N/A. The deadline to

RSVP for the Online Mandatory Pre-Bid Meeting is provided in Section III – Schedule of Events.

3. Only individuals who RSVP’d for the mandatory pre-bid meeting by XX/XX/2025 will receive a link to the meeting.

V. SUBMITTAL OF REQUESTS FOR CLARIFICATION, QUESTIONS AND REQUESTS FOR EXTENSION

It is the responsibility of each bidding firm to examine the entire solicitation, seek clarification in writing, and review its submittals for accuracy before submitting. Once the submission deadline has passed, all submissions will be final. With the exception of clarifications pertaining to administrative information/issues (Section IX) the Department will not request clarification from any single individual bidding firm regarding their submission, but reserves the right to ask, collectively, all respondents that have submitted bids for additional information.

The deadline for submission of questions relating to the solicitation is the time and date shown in Section III – Schedule of Events. All relevant and significant questions that have been submitted in writing prior to the deadline will be compiled and answers will be posted to the Georgia Procurement Registry (GPR) website under this solicitation. Questions about any aspect of the solicitation including the scope of service(s), shall be submitted in writing (via e-mail) to:

Mckenzie Mathison Project Development Acquisitions Officer E-mail: mmathison@dot.ga.gov

Any bidding firm exceptions to the solicitation requirements (Section IV – Mandatory Pre-Bid Meeting) or requests for deadline extensions must also be communicated to the Department via email to the Contracting Officer by the deadline to be considered. Any requests for an extension on the bid submission deadline must include the reason(s) for such a request. The Department reserves the right to approve or reject such requests as the Department deems necessary.

Respondents are subject to the Restriction of Communication in Section I. B from the issue date of this

6 Revised 10/13/2021 solicitation until a successful respondent is selected and the award is made official and announced.

VI. CRITERIA FOR EVALUATION OF BIDS

In order to be evaluated and considered, the bidding firm must only utilize Agents who are prequalified in the requisite Right of Way service class(es) identified in Exhibit I and who have completed and signed Exhibit II - Bid Summary Form, Agent List.. All bid submittals will be pre-screened to verify that the Agent(s) utilized by the bidding firm are prequalified in the required service class(es) and that any identified subcontractor(s) is prequalified in the required service class(es). GDOT’s Right of Way prequalification listing will be utilized to pre-screen the prequalification status of each bidding firm. Any bid submittal in which the bidding firm or the subcontractor(s) prequalification requirements are not met will be disqualified from further evaluation and consideration.

VII. INSTRUCTIONS FOR SUBMITTAL OF BIDS

There is one (1) electronic bid submittal required. The bid submittal must include all completed and signed exhibits in their entirety that are identified in Section X and all completed and signed addenda. The completed and signed bid documents must be legible. The bid submittal shall consist of two email attachments:

1. The first attachment will be the completed contents of Exhibit II (all lists), Exhibit III, Exhibit IV, Exhibit V, and Exhibit VI in PDF format. The required exhibits must have signatures and be notarized as required.

2. The second attachment will be the completed Exhibit II in native format, an Excel spreadsheet, without the required signatures.

The bid submittal email subject line must follow the naming convention for electronic records as follows:

Bidding firm’s full legal name, Solicitation number (ITB number)

Bids are to be e-mailed to the GDOT Project Development Acquisitions Officer, Mckenzie Mathison, at specialprojectsprocurement@dot.ga.gov .

No bid submittals will be accepted after the time and date set for receipt in Section III – Schedule of Events.

All expenses for preparing and submitting responses are the sole cost of the respondent submitting the response. GDOT is not obligated to any party to reimburse such expenses. All documents or other materials submitted to GDOT during the procurement become the property of GDOT, will not be returned to the submitting parties, and are subject to the Georgia Open Records Act (O.C.G.A. §§ 50-18-70 et seq.)(“Open Records Act”). Labeling information provided in submittals “proprietary” or “confidential”, or any other designation of restricted use will not protect the information from public view. Subject to the provisions of the Open Records Act, the details of the bid documents will remain confidential until final award.

GDOT reserves the right, in its sole discretion, to waive any technicalities and informalities associated with this submittal if deemed in the best interest of the State.

A public bid opening will not be held by GDOT. A bid tabulation will be posted to the GPR once bid evaluations have been completed.

VIII. PAYMENT

Bidding information shall be submitted in the form specified in Exhibit II. NOTE: Each Agent the bidding firm anticipates utilizing to perform the services must complete an Exhibit II – Bid Summary Form, Agent List. The total cost indicated in the bid (Exhibit II – Bid Summary Form, Pricing List) shall reflect a firm, fixed price for the entire scope of work herein and as specified in the specific bid categories set out in Exhibit II – Bid Summary Form, Pricing List).

Negotiation and relocation activities will be compensated at a flat rate per tabulated monetary interest and mailto:specialprojectsprocurement@dot.ga.gov

7 Revised 10/13/2021 per displacee, as shown on the attached Exhibit II. Acquisition and relocation activities will be compensated at a flat rate per interest and per displacee, as shown on the attached Exhibit II. A Purchase Order is the contractual tool used in this agreement. Each item listed on the Exhibit II is given a line item on the Purchase Order.

Negotiation activities will commence on the date that the Agent receives the Appraisal release and, if applicable, the relocation package and established retention and bond amounts from the district right of way team leader (unless otherwise specified herein, also referred to herein as “acquisition manager”, right of way acquisition manager”, or “right of way project manager”) with the exception of parcels that consist of only driveway and/or fence easement. The Acquisition activities for the parcels identified in Exhibit I will commence on the date of the contract NTP.

Payment for Acquisition activities involving a tabulated monetary interest will be made in three stages:

1. The first payment at 20% per tabulated contract rate can be made following negotiation activities which end after the completion of Exhibit I, Section A.2.f. regarding the completion of the initial owner contact.

2. The second payment at 30% of the per tabulated contract rate can be made following negotiation activities which will end after the completion of Exhibit I, Section A.5.a. regarding approved options or Exhibit I, Section A.6.f regarding condemnation preparation.

3. The third payment at 50% can be made once the property interest is acquired either by closing following the completion of Exhibit I, Section A.5.f., or by condemnation following the completion of Exhibit I, Section A.6.h. and in either event, the receipt by the Department of the complete fully documented parcel file.

Payment for Acquisition activities involving a negotiation for services (“NFS”) offer will be made as follows:

1. Successful negotiation will be paid at 100% of estimated rate on line J and K of the EXHIBIT

II - Bid Summary Form, Pricing List.

2. Unsuccessful negotiation will be paid at 50% of estimated rate on line J and K of the EXHIBIT

II - Bid Summary Form, Pricing List.

Negotiation activities involving local government donations, driveway and/or fence easement Only parcels will cease and payment for these activities can be made upon the closing of the parcel and receipt by the district right of way team leader of the complete fully documented parcel file.

Payment for Acquisition activities involving parcels owned by the state and federal governments will be paid upon receipt by the district right of way team leader and local government office of the legal descriptions and colored plats.

Without prior approval from the Department, on a parcel by parcel basis, all negotiation activities on each parcel will be concluded within ninety (90) calendar days from the above-referenced negotiation commencement date, unless the Department authorizes a time extension for these activities on a parcel by parcel basis.

Relocation activities will commence on the date that the Agent receives the relocation package from the Department.

Relocation activities will cease and payment for these activities can be made following the receipt of the Notice of Final Vacancy Inspection & Demolition Authorization and the complete fully documented relocation file by the district right of way team leader.

In the case of a consequential displacee not electing to move prior to the submittal of the project’s certification package by the right of way acquisition manager, a 50% payment of the relocation flat rate fee may be requested following the submittal of the project’s certification package and the receipt by the Department of the fully documented relocation file. Should the displacee elect to move after the submittal of the project’s certification package, the Department will determine if either the Department or the Agent will conclude the remaining relocation coordination and assistance of the displacee. If Agent services are necessary, the Agent may request the remainder 50% payment after the completion of Exhibit I, Section A.18 following receipt of the fully documented relocation file by the Department.

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The Agent activity regarding property management as specified in Exhibit I, Section A.18, will be considered and paid as an Acquisition activity if no relocation is involved with the parcel. Should the parcel involve the Acquisition of an occupied improvement, this task then will be considered and paid as a relocation activity.

IX. GDOT TERMS AND CONDITIONS

A. Statement of Agreement

With the submission of a bid, the respondent agrees that:

1. This solicitation has been carefully examined and agrees that it is the respondent’s responsibility to submit request(s) clarification on any issues in any section of the solicitation with which the respondent disagrees or needs clarified in accordance with Section V. Further, with submission of a bid, the respondent certifies that it is in full agreement with the terms, conditions, specifications and requirements in the therein. With submission of a bid, the respondent hereby certifies:

(a) that this bid is genuine and is not made in the interest of or on behalf of any undisclosed person, firm, or corporation;

(b) that respondent has not directly or indirectly included or solicited any other respondent to put in a false or insincere bid; and,

(c) (c) that respondent has not solicited or induced any person, firm, or corporation to refrain from submitting a bid.

2. Failure to provide the required information and submittals (see Section X – Solicitation Exhibits) set forth in this solicitation may result in disqualification for non-responsiveness. The Department reserves the right, at its discretion, to notify the respondent of a minor error, omission, or clerical mistakes to administrative information that is unrelated to the substantive content of the bid and otherwise does not directly affect the ability to fairly evaluate a bid. Administrative information is that information contained in a bid that is not evaluated during the evaluation process. The Department may notify the respondent that administrative information was not provided or there was an error in the information provided, and the Department may allow a respondent to provide an update to the administrative information submitted. Any respondent who provides changes in addition to the information requested in the notice shall be subject to disqualification.

3. This bid may not be revoked or withdrawn after the deadline for receipt of bids/proposals set out in Section II – Schedule of Events, and shall remain open for acceptance for a period of ninety

(90) days following such time.

4. It has not submitted as not submitted any substitutions nor alternate bids and if done so the bid will be considered non-responsive and will not be considered for award.

5. If selected, it shall only utilize the Agent(s) (also referred to as “Sub-contractor(s)”) prequalified in the requisite service class(es) associated with this solicitation who are listed on the respondent’s completed Exhibit II – Bid Summary Form, Agent List. Further, respondent understands that no subcontract or other arrangement with the listed Sub-contractors shall relieve it of any responsibility, obligation or liability associated with the timely performance of work and the acts and omissions of all subcontractors, agents, and employees.

B. Agents/Sub-Contractors

Agents/sub-contractors shall generally be considered any team member which is performing any service which typically requires prequalification. Agents/sub-contractors must be listed in the Bid Summary Form (Exhibit II) and are subject to all terms and conditions in the Agreement. All restrictions, obligations and responsibilities of set forth under this solicitation shall also apply to the Agents/sub-contractors. Further, any sub-contract entered into must also preserve the rights of the Department Failure to list sub-contractors will preclude the subletting of any portion of the services (Exhibit I).

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C. Non-Discrimination

The Georgia Department of Transportation in accordance with Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. § 2000d et seq.) and 49 C.F.R 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 ensure that for any contract entered into pursuant to this solicitation, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, or national origin in consideration for an award.

D. Submittal Costs and Confidentiality

All expenses for preparing and submitting responses are the sole cost of the respondent submitting the response. The Department is not obligated to any respondent to reimburse such expenses. All submittals upon receipt become the property of the Department. Labeling information provided in submittals as “proprietary” or “confidential”, or any other designation of restricted use will not protect the information from public view. Subject to the provisions of the Open Records Act, the details of the proposal documents will remain confidential until a final award.

E. Right to Cancel or Change Solicitation

GDOT reserves the right to cancel any solicitations where it is determined to be in the best interest of the Department to do so. GDOT reserves the right to increase, reduce, add, or delete any item in this solicitation as deemed necessary.

It is the responsibility of all firms interested in submitting a bid for this solicitation to routinely check the posting on the Georgia Procurement Registry for any revisions to this solicitation.

F. Substitutions, Alternates, Exceptions, and Extensions

No substitutions or alternates will be accepted for this solicitation. Any respondent submitting substitutions or alternates will be considered non-responsive and will not be considered for award.

G. CERTIFICATION OF COMPLIANCE WITH THE STATE OF GEORGIA’S SEXUAL

HARASSMENT PREVENTION POLICY

The State of Georgia promotes respect and dignity and does not tolerate sexual harassment in the workplace. The State is committed to providing a workplace and environment free from sexual harassment for its employees and for all persons who interact with state government. All State of Georgia employees are expected and required to interact with all persons including other employees, contractors, and customers in a professional manner that contributes to a respectful work environment free from sexual harassment.

Furthermore, the State of Georgia maintains an expectation that its contractors and their employees and subcontractors will interact with entities of the State of Georgia, their customers, and other contractors of the State in a professional manner that contributes to a respectful work environment free from sexual harassment.

Pursuant to the State of Georgia’s Statewide Sexual Harassment Prevention Policy (the “Policy”), all contractors who are regularly on State premises or who regularly interact with State personnel must complete sexual harassment prevention training on an annual basis.

A contractor, including its employees and subcontractors, who have violated the Policy, including but not limited to engaging in sexual harassment and/or retaliation may be subject to appropriate corrective action. Such action may include, but is not limited to, notification to the employer, removal from State premises, restricted access to State premises and/or personnel, termination of contract, and/or other corrective action(s) deemed necessary by the State.

1. If contractor is an individual who is regularly on State premises or who will regularly interact with State personnel, contractor certifies that:

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a. Contractor has received, reviewed, and agreed to comply with the State of Georgia’s

Statewide Sexual Harassment Prevention Policy located at http://doas.ga.gov/human-resources- administration/board-rules-policy-and-compliance/jointly-issued-statewide-policies/sexual- harassment-prevention-policy;

b. Contractor has completed sexual harassment prevention training in the last year; or will complete the Georgia Department of Administrative Services’ sexual harassment prevention training located at http://doas.ga.gov/human-resources-administration/sexual-harassment-prevention/hr- professionals/employee-training (scroll down to section for entities without a LMS section) or this direct link https://www.youtube.com/embed/NjVt0DDnc2s?rel=0 prior to accessing State premises and prior to interacting with State employees; and on an annual basis thereafter; and,

c. Upon request by the State, contractor will provide documentation substantiating the completion of sexual harassment training.

2. If contractor has employees and subcontractors that are regularly on State premises or who will regularly interact with State personnel, contractor certifies that:

a. Contractor will ensure that such employees and subcontractors have received, reviewed, and agreed to comply with the State of Georgia’s Statewide Sexual Harassment Prevention Policy located at http://doas.ga.gov/human-resources-administration/board-rules-policy-and- compliance/jointly-issued-statewide-policies/sexual-harassment-prevention-policy;

b. Contractor has provided sexual harassment prevention training in the last year to such employees and subcontractors and will continue to do so on an annual basis; or contractor will ensure that such employees and subcontractors complete the Georgia Department of Administrative Services’ sexual harassment prevention training located at http://doas.ga.gov/human-resources-administration/sexual-harassment-prevention/hr-professionals/employee-training (scroll down to section for entities without a LMS section) or this direct link https://www.youtube.com/embed/NjVt0DDnc2s?rel=0 prior to accessing State premises and prior to interacting with State employees; and on an annual basis thereafter; and

c. Upon request of the State of the Georgia Department of Transportation, contractor will provide documentation substantiating such employees and subcontractors’ acknowledgment of the State of Georgia’s Statewide Sexual Harassment Prevention Policy and annual completion of sexual harassment prevention training.

H. Insurance Coverage Requirements

The winning firm will be required to provide a certificate of insurance from insurers rated at least A- by A. M. Best’s and registered to do business in the State of Georgia. The certificate of insurance must list the Department as the certificate holder and as an additional insured under the commercial general, automobile and umbrella liability policies as follows: “State of Georgia, The Georgia Department of Transportation, its officers, employees and agents, 600 W Peachtree St NW, Atlanta, Georgia 30308”.

The policy must protect the Contractor and the Department (as an additional insured) from any claims for bodily injury, property damage, or personal injury covered by the indemnification obligations set forth herein throughout the duration of the contract.

The following kinds of insurance shall be provided in the minimum amount of coverage set forth below, to cover all loss and liability for damages on account of bodily injury, including death therefrom, and injury to or destruction of property caused by or arising from any and all operations carried on and any and all work performed . Liability insurance shall be maintained as follows:

http://doas.ga.gov/human-resources-administration/board-rules-policy-and-compliance/jointly-issued-statewide-policies/sexual-harassment-prevention-policy http://doas.ga.gov/human-resources-administration/board-rules-policy-and-compliance/jointly-issued-statewide-policies/sexual-harassment-prevention-policy http://doas.ga.gov/human-resources-administration/board-rules-policy-and-compliance/jointly-issued-statewide-policies/sexual-harassment-prevention-policy http://doas.ga.gov/human-resources-administration/board-rules-policy-and-compliance/jointly-issued-statewide-policies/sexual-harassment-prevention-policy http://doas.ga.gov/human-resources-administration/board-rules-policy-and-compliance/jointly-issued-statewide-policies/sexual-harassment-prevention-policy http://doas.ga.gov/human-resources-administration/sexual-harassment-prevention/hr-http://doas.ga.gov/human-resources-administration/sexual-harassment-prevention/hr-https://www.youtube.com/embed/NjVt0DDnc2s?rel=0 https://www.youtube.com/embed/NjVt0DDnc2s?rel=0 http://doas.ga.gov/human-resources-administration/board-rules-policy-and-http://doas.ga.gov/human-resources-administration/board-rules-policy-and-http://doas.ga.gov/human-resources-administration/sexual-harassment-prevention/hr-professionals/employee-training http://doas.ga.gov/human-resources-administration/sexual-harassment-prevention/hr-professionals/employee-training http://doas.ga.gov/human-resources-administration/sexual-harassment-prevention/hr-professionals/employee-training https://www.youtube.com/embed/NjVt0DDnc2s?rel=0

11 Revised 10/13/2021

Workers Compensation (WC): Statutory coverage shall be maintained for Worker’s Compensation as required by the laws of the State of Georgia.

Bodily injury by Accident – each employee $100,000 Bodily injury by Disease – each employee $100,000

Bodily injury by Disease – policy limit $500,000

Commercial General Liability (CGL):

Each Occurrence Limit

$1,000,000

Personal & Aggregate Limit $1,000,000 General Aggregate Limit $3,000,000

Products/Completed Ops. Aggregate Limit $2,000,000

Automobile Liability Combined Single Limit:

To cover vehicles, owned, leased or rented

$1,000,000

Sub-contractors shall maintain Commercial General Liability insurance with business automobile liability coverage with companies and limits as stated above. GDOT shall be named as an additional insured and a copy of the policy endorsement shall be provided with the insurance certificate.

Performance of the services shall not commence until the required insurance certificates are provided, to be received by the GDOT within five (5) business days of receiving the purchase order from GDOT.

The insurance certificate must document that the liability coverage purchased includes contractual liability coverage to insure the indemnity agreement as stated. In addition, the insurance certificate must provide the following:

1. Name, address, signature and telephone number of authorized agents.

2. Name and address of insured.

3. Name of insurance company.

4. Description of coverage in standard terminology.

5. Policy number, policy period and limits of liability.

6. Name and address of State Agency as certificate holder.

7. Thirty (30) day notice of cancellation.

8. Details of any special policy exclusions.

Excess liability coverage may be used in combination with the base policy to obtain these limits.

X. SOLICITATION EXHIBITS

The following list of Exhibits apply to this solicitation and must be submitted with the bid, with the exception of Exhibit I - Scope of Services. All information provided on the exhibits must be legible.

Failure to complete an submit the required Exhibits with bid will result in disqualification of bid response:

EXHIBIT I Scope of Services EXHIBIT II Bid Summary Form (Complete and return)

Bid Summary Form, Agent List Bid Summary Form, Agency List Acknowledgment Form Bid Summary Form, Pricing List Bid Summary Form, Pricing List Acknowledgment Form

EXHIBIT III Right of Way Activity Disclosure Form (Complete and return with bid) EXHIBIT IV Drug-Free Workplace Certification (Complete and return with bid) EXHIBIT V Georgia Security and Immigration Compliance Act Affidavit (Complete and return with bid) EXHIBIT VI Statement of Respondent’s Qualifications (Complete and return with bid)

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Exhibit I - Scope of Services

Description : Right of Way Negotiation Through Closing Services PI#s and TPRO Description: 00013590 - SR 146 FROM SR 1/US 27 TO OKLAWAHA AVE

Contract # PI # # of Parcels Length of Contract Required Prequalified Service Classes

1 0013590 85 30-34 months D-4-D , D-5

I. SCOPE OF WORK

The purpose of this solicitation is to establish a contract for Right of Way Negotiation Through Closing services for the Department’s District Office #6. The services to be provided under the contract(s)/project(s) shall include, Right of Way Negotiation Through Closing services which begins with initial owner contact, through the negotiation process, to transmitting the closed file to the Department with an executed final title or a conformed petition if negotiations are unsuccessful. The scope also includes property management duties to include final vacancy inspections and demolition authorization, as well as contacting service providers and other services defined below. All service classes listed above for each contract(s)/project(s) may or may not be used during the duration of the project.

All parties named in the bid shall adhere to all applicable state and federal laws, rules, regulations and orders, the Department’s Right of Way Policies & Procedures Manual, and any additional written instructions given by the Department. The respondent shall comply with O.C.G.A. § 43-40-1 et seq. (Real Estate Brokers and Salespersons).

The term, “Broker”, in this solicitation is defined as any person who, for another, and who, for a fee, commission, or any other valuable consideration or with the intent or expectation of receiving the same from another: Negotiates or attempts to negotiate, or assists in procuring prospects for the listing, sale, purchase, exchange, renting, lease, or option for any real estate or of the improvements thereon.

The term, “Agent” is considered a “Salesperson” which is defined by state law (O.C.G.A. § 43-40-1 (10)) as “any person, other than an associate broker, who acts on behalf of a real estate broker in performing any act authorized by this chapter to be performed by the broker.” An Agent(s) will assist the right of way project manager with negotiating real estate.

A. The Agent shall:

1. Upon receipt of approved Appraisals or ”Estimate of Appraisal Calculation” form, (which is only used in the NFS Data-Book process) or detailed cost estimate form (which is used only for the negotiation from cost Estimate process) furnished by the Department, prepare negotiation packages, which will include, but not limited to, the Department’s Brochure, Receipt for Brochure, Letter of Offer, Option & Plats, Statement of Estimated Values and the Letter of Availability of Incidental Payments. Relocation packages will be prepared by the Department and furnished to the Agent. NOTE: No contracts are to be made until environmental clearance has been authorized, Right of Way plans have been approved, and Right of Way funding has been authorized.

2. Make all offers to purchase, and if applicable all offers for relocation benefits along with any other payment required to owners, tenants or other parties having an approved tabulated monetary interest. All offers and relocation benefits will be explained in detail and negotiation and relocation activities will be conducted in accordance with the Department’s Right of Way Policies & Procedures Manual.

a. Try to negotiate the improved parcels first.

b. Personally contact, if possible, all resident owners of the assigned parcels at a time and place convenient to the owner. There shall be a sufficient number of personal contacts with each owner, with a minimum of three, in an attempt to secure a property settlement through

13 Revised 10/13/2021 negotiations, unless it is clearly apparent that continued negotiations would be unproductive.

The Agent further agrees that non-resident owners will be contacted at least once by certified mail, return receipt requested.

c. Prepare and maintain a Negotiation Record on each property interest on which negotiation was attempted, giving the date, place of contact, persons present, offers made, explanation of Right of Way and Construction plans, counter-offers and recommendations regarding those counter-offers, reasons why settlements could not be reached, feedback and concerns from the property owner, description of title problems and how they were solved, signature of the negotiator for settled interests, and any other data pertinent to the negotiations.

d. Provide and explain to owners the appropriate scaled Right of Way plan sheet(s), cross-sections, driveway profiles and other construction information as requested by owners. All plan sheets are to be stamped as Preliminary.

e. The Agent will not provide owners with Department Appraisal.

f. Review and confirm with owner the accuracy of all information stipulated in the Preliminary Title Report.

3. Prepare and maintain individual parcel files, including Appraisal reports, copies of all negotiation and relocation documents, and all related correspondence and reports in connection with and incidental to the performance of this Agreement, and to make said files available at any time for inspection by the Department and/or the Federal Highway Administration. Negotiation and relocation documentation are to be maintained in separate file folders. All such information shall become the property of the Department and shall be immediately delivered to the Department on a continuous basis. Agent further agrees that all information and/or knowledge gained from the Appraisals, the Acquisition and relocation on this project shall be kept confidential and not publicly disclosed without prior written authorization by the Department.

4. Recommend counter-offer settlements for the Department’s approval or rejection and provide the necessary written justification for all approved settlements.

5. If an approved Option is obtained, Agent must:

a. Submit check request, with approved option attached, to the Department. All checks for closing by the Department’s Attorney will be made payable to the attorney’s escrow account. Check with Department team leader to see if any closings shall be completed by staff.

b. Maintain a copy of all approved options in a separate folder, which is to be furnished to the Department team leader at the end of the solicitation.

c. Prepare closing documents including deed “legal description” exhibits, colored plat exhibits, Settlement & Disbursement Statements, IRS Reporting Forms, Owners Affidavits and any other documents required by the Department. Furnish said documents to the project attorney or closing representative.

d. Assist the project attorney or closing representative in preparing and securing executed Quit

Claim Deeds or releases when necessary to give the Department clear fee simple title or any other such interest in the property as the Department may require, when necessary.

e. Assist the State’s attorney or closing representative in closing, when necessary.

f. In the event of a total Acquisition, after the parcel closing, the Agent shall send to the Department the following documents (i-iii, below). These documents should be submitted to the Department immediately after the closing. Copies shall also be retained in the Negotiation file.

i. an original reimbursement check made payable to the Department from the closing attorney’s escrow account in the amount of the owner’s pro rata share of taxes, and

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ii. a copy of the signed Settlement & Disbursement Statement documenting the Owner’s share of pro rata taxes withheld, and

iii. a copy of the original check issued by the Department and made payable to the Attorney’s escrow account for the ROW Acquisition.

g. Transmit final closed file, as referenced in Exhibit I, Section A.3, including recorded deed and executed final title to the Department’s right of way district team leader.

6. If a negotiated settlement cannot be reached, the Agent will proceed as follows:

a. If the compensation is under $25,000, mail a certified 10-day Team letter to the owner, with copy sent to the district right of way team leader. If the compensation is over $25,000, mail a certified 10-day general office letter to the owner, with copy sent to the general office. The general office will assign the parcel to an Administrative Review Agent.

b. Submit the fully documented parcel file to the Department for condemnation preparation, as referenced in Exhibit I, Section A.3.

c. Provide the Department with three (3) executed Appraiser Affidavits.

d. Secure and submit to the Department the service addresses of all the parties to be named in the condemnation petition, including tenants, with or without a recorded lease.

e. Submit an updated title report from the project attorney if the present report is over six (6) months old.

f. After receiving the prepared condemnation petition, submit check request, with attached copy of Appraiser Affidavit to the Department. All checks for condemnation will be made payable to the appropriate County Clerk of Superior Court.

g. Furnish prepared condemnation petitions and check to the project attorney for filing at the County Courthouse.

h. Transmit final closed file, as referenced in Exhibit I, Section A.3, including the conformed petition to the district right of way team leader.

7. Mail all required Notices To Vacate to displacees once title has been acquired with a copy furnished to the Department.

8. Provide assistance to displacees in matters involving relocation.

9. Inspect replacement housing to assure D.S. & S. compliance.

10. Submit to the Department a sketch of the replacement house showing dimensions, photographs of all structures, copies of sales contracts (or leases), and good faith estimates.

11. Obtain signatures of displacees on all appropriate relocation claim forms and submit executed claims with any supporting documentation to the Department for payment.

12. Attend closings of replacement housing and furnish relocation check to closing attorney.

13. Submit to the Department all documented requests for In Lieu of Benefits, Reestablishment benefits, and Search Payment benefits for prior approval by the Department.

14. Inspect business replacement sites to verify the completion of site renovation if the cost of renovation was approved or Reestablishment benefits. Take pictures of the completed renovation to be submitted to the Department.

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15. Provide the Department each month with an accurate written Relocation Status Report and a Sign Inventory Report indicating the current status of all relocation and sign activities for parcels under this solicitation.

16. Inspects, secure and post acquired vacated buildings. Using Department form, prepare and submit to the Department the Notice of Final Vacancy Inspection & Demolition Authorization along with all property keys, if applicable.

17. Notify and inform all utility service providers each vacated building, structure has been vacated and arrange a time to meet on site with provider’s representative so that utility meters are pulled from service.

18. Upon notice of demolition of acquired improvements, inspect site for compliance of contract by the specialty contractor. If compliance is met, using the requisite Department Office of Right of Way forms, prepare and submit to the Department the Improvement Clearance Report for bond reimbursement. If compliance is not met, the Department is to be immediately notified of said non-compliance.

19. Agent will attend various meetings regarding status of assignment as required.

20. The Department’s facilities are available for making all copies of right of way plan sheets and construction plan sheets needed in the Acquisition of the projects.

21. Agent shall have or establish a project office in Georgia during the performance of the work. Agent will be required to provide the Department with the address, phone number and office hours prior to the Department issuing any authorization to perform the work under this solicitation. All paperwork shall remain within the state of Georgia.

B. The Department shall cooperate with the Agent in a manner to expedite the…