RFP No. 1012-27-082 Real Property Right-of-Way Acquisition Services - Addendum 1.pdf

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Attached to
Real Property & Right-of-Way Acquisition Services
Solicitation number
1012-27-082
Issued by
Durham County, North Carolina

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Summary of RFP No. 1012-27-082 Addendum One

This addendum to RFP No. 1012-27-082 issued by Research Triangle Regional Public Transportation Authority (GoTriangle) clarifies and modifies the original Request for Proposals for Real Property & Right-of-Way Acquisition Services. The addendum addresses 24 questions and answers that resolve conflicts and ambiguities in the original RFP, most significantly clarifying that subcontracting is permitted for specialized services such as appraisals, appraisal reviews, title/closing, surveying, and legal description preparation, provided GoTriangle grants written approval. The scope encompasses comprehensive real property acquisition services including title reports and updates, appraisals, appraisal reviews, negotiations, recording of deeds, expert witness testimony related to condemnation proceedings, and related acquisition support services. Services will be primarily for GoTriangle's transportation infrastructure and transit capital improvement projects, including bus stop accessibility improvements, sidewalks, pedestrian connections, bus pullouts, park-and-ride facilities, and other transit facility improvements. All services must comply with Federal Transit Administration requirements, the Uniform Relocation and Real Property Acquisition Policies Act (49 CFR Part 24), FTA Circular 5010.1F, and the North Carolina Relocation Assistance Act. GoTriangle intends to award the contract to a single firm with task orders issued as services are needed. The addendum confirms that current surveys and acquisition exhibits will be provided by GoTriangle, relieving the selected offeror of surveying responsibilities.

The addendum clarifies pricing methodology and administrative requirements without establishing a specific contract value or maximum not-to-exceed amount. Proposers must submit hourly billing rates for each proposed labor classification or personnel category, with expert witness services identified as a separate billing category. GoTriangle has not established an estimated annual workload and does not guarantee minimum assignments, with task orders defining scope and compensation based on project needs and available funding. The addendum confirms that the cover page, table of contents, Attachment B Cost Proposal, resumes, professional licenses, and certifications are excluded from the 20-page proposal limit. References must demonstrate real property and right-of-way acquisition experience similar in scope, size, and complexity to services described in the RFP. Insurance requirements include a waiver of subrogation but do not require cyber liability coverage. The contract is a new solicitation for real estate services that were previously provided under an existing contract, and indemnification language will remain as drafted in the original RFP.

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Contract / Agreement Amendment Template V05.2025

Request for Proposals Addendum

RFP No. 1012-27-082 Addendum One (1) RFP Title Real Property & Right-of-Way Acquisition Services

To: Offerors, This addendum includes the following additions, clarifications, and/or modifications and shall become a part of the solicitation. This addendum shall supersede the original solicitation in the event of any conflict.

I. Questions and Answers:

1) Q: RFP Page 51, Section 8.2 – Subcontracting

Section 8.2 states that subcontracting is not allowed under this contract. However, other provisions of the RFP reference subcontracted services and proposed/potential subconsultants, including Sections 4.7.2, 9, and 13.1.1.

Please clarify whether Offerors are permitted to include subconsultants as part of their proposed team to provide specialized services such as appraisal, appraisal review, title/closing, and surveying/legal description services.

A: Delete Section 8.2 - Subcontracting is permitted.

2) Q: RFP Page 5, Section 6 – Legal Description Preparation

Please clarify whether GoTriangle and/or its design consultants will provide current surveys and acquisition exhibits for use in preparing legal descriptions, or whether the selected consultant will be responsible for providing surveying services and preparing survey/acquisition exhibits when required.

A: A current survey and acquisition exhibit will be provided. The selected offeror will not be responsible for providing survey services.

3) Q: Can you please clarify how GoTriangle defines subcontracting under this solicitation?

A: To employe a business or person outside of one’s company to do work as part of a larger project.

Q: Would the use of independent consultants or specialized professional service providers, including licensed appraisers, appraisal reviewers, surveyors and relocation specialists, be considered prohibited subcontracting?

4) Q: Can you provide an estimate of the anticipated annual workload under this contract, including the approximate number of property acquisitions, easements, appraisals, appraisal reviews and relocation assignments expected each year?

A: GoTriangle does not currently have sufficiently defined parcel-level needs to provide reliable annual estimates for each service category. Services will be authorized through individual task orders as needs are confirmed. The contract does not guarantee a minimum annual workload or number of assignments.

5) Q: Can you clarify the types of projects and capital improvements anticipated under this contract? Specifically, will services primarily support transportation infrastructure projects, transit facility improvements or other real property acquisition initiatives?

A: Services under this contract are anticipated to primarily support GoTriangle’s transportation infrastructure and transit capital improvement projects. These include bus stop accessibility improvements, sidewalks and pedestrian connections, bus pullouts, passenger amenities, park-and-ride facilities, and other transit facility improvements.

6) Q: Has GoTriangle established an estimated contract value or maximum not-to-exceed amount for the initial three-year contract term? If so, can you provide the anticipated annual budget or total contract ceiling?

A: GoTriangle has not established an estimated contract value, anticipated annual budget, or maximum not-to-exceed amount for the initial three-year contract term.

Individual task orders will define the scope and compensation for authorized services based on project needs and available funding.

7) Q: Does GoTriangle anticipate requiring the selected consultant to provide expert witness testimony in connection with condemnation proceedings or other legal matters?

If so, should these services be included in the proposed fee schedule as a separate billing category?

A: GoTriangle may require the selected consultant to provide expert witness testimony in connection with condemnation proceedings or other project-related legal matters.

Proposers should include these services as a separate billing category in the proposed fee schedule, identifying applicable rates for preparation and testimony.

8) Q: Does GoTriangle intend to award this contract to a single firm or establish agreements with multiple qualified firms? If multiple firms are selected, how will task orders be assigned or distributed among the contracted firms?

A: GoTriangle intends to award this contract to a single firm. Task orders will be issued to the selected firm as services are needed.

9) Q: Could you please confirm whether the Terms and Conditions on Pages 8-20 constitute the complete proposed contract, or whether a separate pro forma Contract for Services is available for review? If a separate contract exists, please provide a copy.

A: The awarded contract will follow the form and content of this Request for Proposal.

No additional provisions will be accepted without GoTriangle’s written approval, including:

• Warranty or liability limitations

• Damage limitations (including consequential damages)

• Mandatory arbitration or mediation requirements

• Confidentiality clauses contrary to North Carolina Public Records Law

10) Q: Are the cover page and table of contents excluded from the 20-page proposal limit?

A: The cover page and table of contents are excluded from the 20-page proposal limit.

11) Q: Does the separate Attachment B Cost Proposal count toward the 20-page limit, or is it excluded as an attachment?

A: Attachment B Cost Proposal are excluded from the 20-page proposal limit.

12) Q: Are resumes, professional licenses and certifications included within the applicable narrative section page limits?

A: Resumes, professional licenses and certifications are excluded from the 20-page proposal limit.

13) Q: Attachment D requests a minimum of three references for federal lobbying services similar in scope, size and complexity to those described in the RFP. Given that this solicitation is for Real Property & Right-of-Way Acquisition Services, can you confirm whether this requirement should instead reference comparable real property acquisition, right-of-way acquisition, appraisal, appraisal review or relocation services performed within the past five years?

A: References should reflect real property and right-of-way acquisition services similar in scope, size, and complexity to those described in this RFP.

14) Q: Pages 5, 7, and 45 of the RFP reference appraisal, appraisal review, and appraisal management services. Section 16 requires written consent for subcontracting. Given the need to maintain appropriate independence between appraisal and appraisal review functions, please clarify whether the selected consultant is expected to provide these services directly or whether qualified, independent subconsultants may be utilized with GoTriangle's approval.

15) Q: For this RFP, is GoTriangle renewing an existing contract or does this RFP reflect an overall new request for the agency?

A: This RFP is a new solicitation for real estate services currently provided under an existing contract.

16) Q: Attachment D (page 60) asks for references for “federal lobbying services similar in scope, size, and complexity to those described in this RFP”. Should Offerors instead provide references for Real Property and Right of Way Acquisition services as described in the RFP?

17) Q: Invoicing and Compensation on page 8 references Milestone pricing, but page 47 lists “Hourly billing rates for each proposed labor classification or personnel category.”

Which pricing methodology does GoTriangle expect as part of a responsive submission?

A: Proposers should submit hourly billing rates for each proposed labor classification or personnel category, as requested on page 47.

18) Q: Subcontracting (Instructions to Offerors, Section 8.2, Page 51)

Section 8.2 states that subcontracting is not allowed under this contract. However, Terms and Conditions Section 16 (Page 15) permits subcontracting with GoTriangle's written consent, and Attachment C (Page 57) and Attachment G (Page 63) both reference subcontractors and subconsultants. Several scope items, such as legal description preparation (Scope Item 6) and independent appraisal reviews (Scope Item 4), are often performed by licensed specialty firms. Please confirm whether the prime offeror may use subconsultants for specialized services (e.g., licensed NC surveyors or independent review appraisers) with GoTriangle's prior written approval, or whether all services must be self-performed by the prime offeror.

19) Q: Attachment D requests references for clients for whom the offeror has provided

"federal lobbying services." Please confirm that references should instead reflect real property and right-of-way acquisition services similar in scope, size, and complexity to those described in this RFP.

20) Q: Section 8.2 (p. 51) says subcontracting isn't allowed, but Section 16 of the contract terms allows it with GoTriangle's written consent, and the DBE section encourages using minority and women-owned firms. Since most firms bring in specialists like surveyors, review appraisers, or closing attorneys, can offerors include subconsultants with GoTriangle's approval on our submittal?

21) Q: May resumes for the proposed project manager and key personnel be included as an appendix that does not count toward the 20-page limit? If not, should they be included within the 4-page limit for Section 4.2?

A: Resumes for the proposed project manager and key personnel may be included in an appendix and will not count toward the overall 20-page limit or the 4-page limit for Section 4.2.

22) Q: Insurance (Attachment C, Section 8.2, Page 58)

Section 8.2 lists Privacy and Network Liability (Cyber) coverage among the policies requiring a waiver of subrogation, but Attachment C does not otherwise include a cyber liability requirement or minimum limit. Please confirm whether cyber liability coverage is required for this contract and, if so, the required limits.

A: GoTriangle does not require Cyber coverage for this solicitation.

23) Q: On Page 12, Section 8: as drafted, the indemnity appears to extend beyond third-party claims and is not expressly limited to matters arising from Contractor fault. Would GoTriangle consider revising Section 8 so that Contractor's indemnification obligation applies only to third-party claims arising from Contractor's negligence, willful misconduct, or breach of the Agreement, and excludes claims arising from the negligence, willful misconduct, or breach of GoTriangle or other indemnitees?

A: The indemnification language on Page 12 will remain unchanged.

24) Q: Can you confirm whether offerors are required to provide a project-specific Certificate of Insurance and supporting endorsements with their proposal, or whether confirmation of the ability to meet the insurance requirements through the signed Attachment C is sufficient at submission, with final certificates and endorsements provided before commencement of services?

A: As stated in Attachment C, Contractor shall secure the required insurance policies prior to performing any work, activity, or service under the Contract.

II. Revised RFP No. 1012-27-082 Attachment B - Cost Proposal:

Please see revised RFP No. 1012-27-082 Attachment B - Cost Proposal.

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