Invitation to Bid

ITB-48400-RWADMINREVIEW001 Posting Date 3/10/2023

1 Revised 3/3/2023 Version no. 1

Georgia Department of Transportation

Invitation to Bid

To Provide

Right of Way Administrative Review (Appeals) Services

ITB-48400-RWADMINREVIEW001

Bids Due: 3/27/2023 by 2:00PM EST

One Georgia Center

600 West Peachtree Street, NW Atlanta, Georgia 30308

2 Revised 3/3/2023

INVITATION TO BID ITB-48400-RWADMINREVIEW001

Right of Way

Administrative Review (Appeals) 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 (ROW) Administrative Review (Appeals) services.

This solicitation seeks to identify potential firms to provide ROW Administrative Review (Appeals) 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 IV

(SUBMITTAL OF REQUESTS FOR CLARIFICATION, QUESTIONS AND REQUESTS FOR

EXTENSION), 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 (Drug- Free Workplace Certification).

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 15% 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

4 Revised 3/3/2023

I. Scope of Services

Under the terms of the resulting contract(s), the selected contractor will provide ROW Administrative Review (Appeals) services, for the GDOT project(s)/contract(s) identified in Exhibit I (Scope of Services). The anticipated scope of work for the project(s)/contract(s) is also included in Exhibit I (Scope of Services). 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 (Scope of Services) . 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 (Scope of Services). 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 (Scope of Services).

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-RWADMINREVIEW001. 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 (Right of Way Activity Disclosure Form), 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.

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.

5 Revised 3/3/2023

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.

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) 3/10/2023

b. Deadline for submission of written questions, requests for clarification and requests for extension 3/16/2023 2:00 PM

c. Deadline for submission of bid response 3/27/2023 2:00 PM

IV. 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 Solicitation Exhibits) 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:

R. Steve Farrar, Contracting Officer

E-mail: RFarrar@dot.ga.gov

Any bidding firm exceptions to the solicitation requirements 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 (IMPORTANT- A RESTRICTION OF COMMUNICATION IS IN EFFECT FOR THIS PROJECT)from the issue date of this solicitation until a successful respondent is selected and the award is made official and announced.

V. 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 (Scope of Services) and who have mailto:RFarrar@dot.ga.gov

6 Revised 3/3/2023 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.

VI. 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 IX (SOLICITATION EXHIBITS) and all completed and signed addenda. The completed and signed bid documents must be legible. The bid submittal shall consist of one email attachment:

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

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 Contracting Officer, R. Steve Farrar, at RFarrar@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.

VII. 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, hourly 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).

All work will be compensated at a flat rate for each parcel based on completion of the deliverables. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, and equipment necessary to complete the work specified in Exhibit I (Scope of Services).

mailto:RFarrar@dot.ga.gov

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VIII. 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 Scope of Services).

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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.

9 Revised 3/3/2023

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

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

10 Revised 3/3/2023

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.

IX. 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) EXHIBIT VII Scrutinized Company Form (Complete and return with bid)

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Exhibit I - Scope of Services

Description : ROW Administrative Review (Appeals)

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

1 N/A 200 12 months D-6

I. SCOPE OF WORK

The purpose of this solicitation is to establish a contract ROW Administrative Review (Appeals) services for the Department. The services to be provided under the contract(s)/project(s) shall include, ROW Administrative Review (Appeals) services which are provided in Chapter 5 (Acquisition) of the Right-of-Way Policies & Procedures ( https://www.dot.ga.gov/GDOT/pages/Rightofway.aspx ) .

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, all Federal Regulations particularly 23 CFR and 49 CFR, 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) which includes:

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, “Administrative Review 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 Administrative Review Agent shall perform the necessary work for the each assigned parcel which shall include the following:

1. Upon receipt of the Notice of Appeal from the Office of Right of Way, the Agent will immediately secure the Parcel Negotiation File (and Relocation File if applicable), a full set of Right of Way and Construction plans, and a copy of the Project Data Book(s).

2. Scrutinize the appraisal, negotiation record, plans, and all other appropriate documents and correspondence, noting possible omissions to value and factors that will support either the owner’s or the Department’s position.

3. Identify situations where R/W and design revisions could lead to an amicable settlement or a reduction in acquisition costs. Coordinate and discuss with project designer and the GDOT Staff Administrative Reviewer all proposed plan revisions.

4. Visually inspect the project and parcel with right of way and construction plans, studying the impact of the acquisition.

5. Identify and visually inspect comparables used in determining the value of subject parcel. Inspect and become familiar with sales, listings, and rentals other than those used as the basis of the Department’s offer in order to respond to their comparability.

6. Identify and visually inspect comparable listings used in determining relocation benefits in order to respond to their comparability to the subject.

7. Review other appraisals and offers to purchase on similar parcel acquisitions on the project to assure consistent treatment of owners.

8. Consult with Condemnation Coordinators regarding any recent jury trials and awards within the project area for input to identify areas of vulnerability in the event of litigation.

9. Met with the owner and view and analyze comparable sales, listings, appraisals, and other https://www.dot.ga.gov/GDOT/pages/Rightofway.aspx

12 Revised 3/3/2023 documentation furnished at the hearing by the owner.

10. Answer any questions the owner may have regarding the Department’s offer to purchase, plan and design interpretation, specialty reports, relocation assistance, details of the appraisal process, and the process of right of way acquisition by condemnation.

11. Document in the Negotiation Record all matters discussed with the owner including but not limited to counter offers and proposals from either side, design and/or construction concerns, relocation questions, any follow-up discussions with the design office, etc.

12. Conclude the appeal with a decision to either recommend acceptance or rejection of the owner’s proposal or a negotiated intermediate amount to the GDOT Staff Administrative Reviewer. If the settlement proposal is rejected by the GDOT Staff Administrative Reviewer, the Agent shall notify the owner in writing, using DOT form letter, stating the Department will proceed with condemnation.

13. If a settlement is to be recommended, the Agent will obtain a signed Option from the owner and discuss proposal with the GDOT Staff Administrative Reviewer furnishing detailed written documentation for counter offer justification. The counter offer write-up shall be recorded on DOT Form and should include but not be limited to the following considerations;

a. Omissions to value that are compensable but omitted from DOT appraisal.

b. Vulnerabilities in the Department’s approved appraisal(s) that could be damaging to the DOT in the event of litigation.

c. Anticipated testimony by opposing expert witnesses.

d. Comparable sales, listings, and/or rentals in the subject neighborhood supporting the settlement increase.

e. Recent court cases that could result in an adverse verdict for the DOT.

f. Inconsistencies from other project appraisals and offers to purchase of similar parcels.

g. Cost of litigation including attorney fees, appraisal update fees, additional appraisal cost, and costs of specialty reports.

14. After the approval of the Option by the GDOT Staff Administrative Reviewer, notify the owner of the acceptance and send a copy of the fully signed Option to the owner for their file.

15. After the appeal process is complete (which shall be no more than 30 days from the date of the Notice of Appeal, unless a time extension is approved by the GDOT Staff Administrative Reviewer, submit the fully documented parcel files (Negotiation and Relocation) along with invoice to the GDOT Staff Administrative Reviewer for auditing and processing.

16. Following prior approval from the GDOT Staff Administrative Reviewer and the Acquisition Manager, the Agent may perform a joint contact with a Property Owner or other appealing interest for a combined Final Contact and the Administrative Appeal. Should a settlement be reached, the subsequent justification write-up shall be completed by the Acquisition Manager.

17. The Contractor agrees, upon the Department’s acceptance, to provide for the Acquisition of Right of Way and Relocation services and perform these services in accordance with State and Federal Laws, the Department’s procedure manual, Federal Regulations and particularly 23 CFR and 49 CFR, and any additional written or verbal instructions given by the Department.

18. Emphasis of this project contract will be placed on the Project’s Scheduled Let Date. Timeline will be set to reflect all duties to be accomplished by said Let Date and will be used in Performance Management.

19. Should any individual designated to perform services under this scope of work be recommended for removal or leave for any reason, the Procurement Office, State R/W Acquisition Manager, and the District R/W Team Leader are to be notified immediately for concurrence and confirmation.

Any replacement or additional personnel must be approved by the Department prior to beginning any work associated with this contract. The executed contract submitted by the Contractor for approval will include a list indicating the names, duties, and business addresses of all individuals that will be performing work on the project. Failure to comply with this section may result in termination of the contract.

20. Contractor shall have or establish a project office in Georgia during the performance of the work outlined below. Contractor 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 contract. All paperwork and project information shall remain within the state of Georgia.

13 Revised 3/3/2023

EXHIBIT II - Bid Summary Form

Date:

Respondent (Proposing Firm):

Authorized Contact for Proposing Firm:

(Name & Title) (Telephone) (E-mail)

Re: Bid Summary for ITB-48400-RWADMINREVIEW001

1. Bid Summary Form, Agent List 1.

For each parcel listed on this form, the respondent must provide the name and license number for each Agent it [intends to use/may use] to conduct the Right of Way Negotiation Through Closing services in this solicitation. Each Agent named shall complete and sign an Agent Acknowledgment Form.

2. Bid Summary Form, Agency List Acknowledgment Form

Each Agent identified on the Bid Summary Form-Agent List must complete this form, and the respondent must make each form a part of its bid submission.

3. Bid Summary Form, Pricing List

Unit pricing for each item description must be provided. While the specific quantities provided are the Department’s best estimate, the Department does not guarantee the specific quantities listed will actually be purchased. The Department will pay for the actual quantities for services rendered based on the unit pricing. The Department reserves the right to purchase more or less than the quantities listed. Quantities are zero (0) for the line items identified as quantities of 1E. Actual quantities will not be known until work begins and needs are identified, however the Department reserves the right to adjust the total contract amount as work progresses and exact quantities are known.

The respondent must provide a unit cost for all line items for all contract/PI#s. If the respondent does not want to bid on a specific contract/PI#, the respondent should enter ‘No Bid’ in the unit price field.

The Department reserves the right to reject and/or enter discussions with any respondent who has submitted what appears to be an un-balanced, front-loaded, or otherwise irregular bid. The Department may refer to other bids as well as historical information to arrive at this decision.

4. Bid Summary Form, Pricing List Acknowledgment Form

The respondent must complete, sign and have notarized this form.

14 Revised 3/3/2023

Agent List

Respondent (Proposing Firm):

Authorized Contact for Proposing Firm:

(Name & Title)

(Telephone)

(E-mail)

Prequalified Service Class

Agent Names Real Estate License # D-6

15 Revised 3/3/2023

Agent Acknowledgement Form

By signing this Agent Acknowledgement Form, I acknowledge that, as the Agent listed below, I acknowledge and attest that:

(1) Hold a valid and active Right of Way Prequalification Certificate for the requisite service class(es) for the services listed in Exhibit I, Scope of Services of the above-referenced solicitation; and

(2) I agree to provide such services for the proposing firm (respondent) in accordance with the standards and guidelines set forth in this solicitation.

I affirm that all the information provided within is true and accurate. I further affirm that all acknowledgments set out herein have been made voluntarily.

Agent Name:

Real Estate License #:

Signature:

Sworn to and subscribed before me this day of _____, 20 __.

Notary Public

My Commission Expires: ___________

One form is required for each Agent listed on this Exhibit II - Bid Summary Form, Agent List form.

16 Revised 3/3/2023

Pricing List

Item Description Number of Parcels (1) Rate Per Parcel (2) Total

1 Administrative Review 200

Note 1: The quantity amount is used for cost comparison purposes only. The Department does not guarantee the number of Parcels.

Note 2 The rate for each parcel shall include all expenses incurred by the Consultant to complete the deliverables listed in the applicable section of Exhibit I

(Scope of Services). The hourly rate shall be inclusive of all costs (i.e. labor, materials, supplies, and equipment necessary to complete the work, etc.) associated with each line item.

17 Revised 3/3/2023

Pricing List Acknowledgement Form

The undersigned, as of the date hereof, certifies that by signing and submitting this Exhibit II – Bid Summary Form, Pricing List as part of the bid, the respondent:

I. Has carefully reviewed the solicitation in its entirety, including Exhibit I - Scope of Services and, as well as the conditions affecting the services being procured.

II. Has the ability and capacity to timely furnish all services, expertise, labor materials and technology resources called for by them for the entire scope indicated in accordance with the aforesaid documents, for the amounts indicated on this Exhibit II - Bid Summary Form –

Pricing List.

III. Has enclosed with this Exhibit II – Bid Summary Form, Pricing List a copy of its W-9 and its registration with the State of Georgia’s

Secretary of State’s Office Corporations Division (if applicable). If we are not registered to do business in the State of Georgia with the

Georgia Secretary of State’s Office, we agree to do so prior to the execution of this Agreement.

IV. Agrees that we have not submitted substitutions or alternate bids, and that if we have our proposal will be considered non-responsive and will not be considered for award. We further agree that we have identified any and all exceptions to the solicitation and/or sample contract on a separate page, provided with this solicitation response.

V. Agrees to meet with appropriate staff of the Department within thirty (30) days of apparent award, for the purposes of possible execution of an Agreement, if such a meeting is requested by written order of the Department.

VI. Agrees that its bid may not be revoked or withdrawn after the time set for deadline for receipt of bids/proposals set out in Section II

– Schedule of Events, but shall remain open for acceptance for a period of ninety (90) days following such deadline.

VII. In case we are notified by mail, telephone, or delivery of the acceptance of this bid within ninety (90) days after the time set for the deadline for receipt of bids/proposals, we agree to execute a contract (Agreement between Consultant and Department), for the services at the above stated unit rates set forth herein and at the same time to furnish and deliver to the Department all required documents required herein.

VII. Submits the following requested information to the Department:

Legal Name of Respondent:

Street Address:

When Organized: Where Organized:

(Attach a copy of the certificate)

Number of years engaged in the business under the present firm name:

Plan of Organization (Proprietorship), (Corporation), (Partnership)

The respondent has never refused to sign a contract as proposed? .Correct______ Incorrect ______

The respondent has never been declared in default on a contract? .Correct ______ Incorrect _____

Remarks:

Broker Name:

Broker License Number:

By signature below, I certify that I am the designated authorized representative for the respondent and the prices shown on this Exhibit II -

Bid Summary Form – Pricing List are made in accordance with the conditions, terms and specifications of the solicitation and that any exception taken thereto may disqualify the bid.

Date: ___________________________ SIGNATURE: ________________________________________________

NAME AND TITLE: ___________________________________________

Sworn to and subscribed before me RESPONDENT (FIRM) NAME: __________________________________ this ___day of , 20 ___.

My Commission Expires: ________

18 Revised 3/3/2023

EXHIBIT III - RIGHT OF WAY ACTIVITY DISCLOSURE FORM

I fully understand that the information provided below will be used to determine my eligibility for services described in the attached solicitation.

I also understand that the Department will have discussions with any respondents whose current workload may potentially jeopardize the timely completion of the work. The Department reserves the right to deny a bid if the respondent’s current workload (GA DOT and/or any local government right of way agency) is determined to jeopardize the timely completion of the work detailed in Exhibit I.

The Department also will allow respondents to withdraw one or more of their bids in order to ensure timely completion of the remaining work.

The following information is a summary of current projects and the name of all agents listed in EXHIBIT II - Bid Summary Form, Agent List:

Administrative Review Officer (Appeals)

Current GA-DOT Project No or Non GA-DOT Projects

County

State

Anticipated Completion

Date

PROPOSING FIRM :

AUTHORIZED SIGNATURE: DATE:

EXHIBIT IV

DRUG-FREE WORKPLACE CERTIFICATION

19 Revised 3/3/2023

I hereby certify that I am the duly authorized representative of _____________________________________ whose address is __________________________________, and it is also certified that:

(1) The provisions of Section 50-24-1 through 50-24-6 of the Official Code of Georgia Annotated, relating to the

"Drug-Free Workplace Act" have been complied with in full; and

(2) A drug-free workplace will be provided for the consultant's employees during the performance of the contract;

and

(3) Each sub-contractor hired to perform work shall be required to ensure that the sub-contractor's employees are provided a drug-free workplace.