reglab/statecodes huggingface dataset:
Compilation of Rules and Regulations of the State of Georgia › Department 672 - STATE DEPARTMENT OF TRANSPORTATION › Chapter 672-17 - GOVERNING PUBLIC-PRIVATE PARTNERSHIPS › Rule 672-17-.02 - Definitions

Current through Rules and Regulations filed through June 27, 2024
The following terms, as used in this Chapter, shall have the
				following meanings unless the context thereof indicates to the contrary:
(a) "Board": The State Transportation
			 Board.
(b) "Commissioner": The
			 Commissioner of the State Department of Transportation.
(c) "Department": The Department of
			 Transportation.
(d) "Director": The
			 Director of Planning provided for by Section
			  32-2-43 of  the Official Code of Georgia Annotated.
(e) "Guidelines": Policies and procedures
			 adopted by the Department which establishes the manner in which the Department
			 intends on receiving and evaluating Proposals.
(f) "Person" or "person": Any individual,
			 co-partnership, association, corporation, joint venture, limited liability
			 company, business entity, consortium of business entities, firm or joint stock
			 company, their lessees, trustees, assignees or receivers as appointed by any
			 court.
(g) "Private contribution":
			 Resources supplied by a private entity for a Public-Private Partnership,
			 including funds, financing, income, revenue, cost sharing, technology, staff,
			 materials, equipment, expertise, data, or engineering, planning, design,
			 construction, operations or maintenance services, or other items of
			 value.
(h) "Private Partner": A
			 person that has entered into an agreement with the Department for a
			 Public-Private Partnership.
(i)
			 "Proposal": A written submittal for a Public-Private Partnership submitted in
			 response to a formal solicitation issued by the Department.
(j) "Proposer": A person that has submitted a
			 statement of qualifications, proposal, or other submission in order to
			 participate in an ongoing procurement for a Public-Private
			 Partnership.
(k) "Public-Private
			 Partnerships" or "P3": An arrangement between the Department and one or more
			 private or public persons that provides for one or more of the planning,
			 development, design, construction, reconstruction, extension, expansion,
			 financing, operation, and maintenance of a Transportation Project that may
			 include, but is not limited to, the following:
1. Acceptance of private contribution to a
			 Transportation Project in exchange for a public benefit concerning that
			 Transportation Project;
2. Sharing
			 of resources and the means of providing Transportation Projects;
3. Cooperation in researching, developing and
			 implementing Transportation Projects;
4. Use of innovative financing
			 methods;
5. Use of innovative
			 project delivery methods;
6. Use
			 of leases, licenses, permits, or franchises.
The use of the word "partnership" to describe such an
				arrangement does not confer on the relationship formed any of the attributes or
				incidents of a partnership under common law or Section
				  14-8-1
et
				seq.
of the Official Code of Georgia Annotated.
Compilation of Rules and Regulations of the State of Georgia › Department 672 - STATE DEPARTMENT OF TRANSPORTATION › Chapter 672-17 - GOVERNING PUBLIC-PRIVATE PARTNERSHIPS › Rule 672-17-.03 - Guidelines

Current through Rules and Regulations filed through June 27, 2024
The Department will establish Guidelines for a Public-Private
				Partnership process that may provide, among other things, requirements and
				procedures for solicitations, public involvement process, public notice
				opportunities, and review and approval steps to negotiate and execute a final
				contract. The Guidelines are advisory and descriptive in nature, and do not
				impose any legal obligations or liability on the Board, the Department or any
				of their members, employees, representatives and consultants. A copy of the
				Guidelines may be obtained from the Office of the Chief Engineer, Department of
				Transportation, One Georgia Center, 22nd Floor, 600
				W. Peachtree Street, NW, Atlanta, Georgia 30308. Any changes to the Guidelines
				must be approved by the Board.
Authority O.C.G.A. Secs.
				  32-2-2,   32-2-79,   50-13-4.
Compilation of Rules and Regulations of the State of Georgia › Department 672 - STATE DEPARTMENT OF TRANSPORTATION › Chapter 672-17 - GOVERNING PUBLIC-PRIVATE PARTNERSHIPS › Rule 672-17-.05 - Conduct Governing Solicitations

Current through Rules and Regulations filed through June 27, 2024
A Proposer and any other person on a Proposer's team, including
				consultants and subconsultants, shall be governed according to the following
				rules of conduct:
(a) Such persons
			 shall conduct their business in Georgia strictly in accordance with the laws of
			 the State of Georgia, and of the United States, and with the lawfully
			 promulgated regulations of the Department.
(b) Such persons shall:
1. Operate competitively without regard to
			 any artificial territories or boundaries which may have been created or
			 designated by agreement with any other potential consultant, sub-consultant,
			 contractor or subcontractor.
2. Not
			 agree with any other person, directly or indirectly, to submit a Proposal
			 deliberately higher than the Proposal submitted by any other potential
			 Proposer; to submit a nonresponsive Proposal or to agree not to submit a
			 Proposal.
3. Not seek to prevent or
			 discourage anyone, through threats or intimidation, implied or direct, from
			 submitting a Proposal.
4. Not seek
			 or engage in an agreement, directly or indirectly, with any other potential
			 competitor, to allocate any contract or subcontract to its firm or any other
			 firm.
Compilation of Rules and Regulations of the State of Georgia › Department 672 - STATE DEPARTMENT OF TRANSPORTATION › Chapter 672-17 - GOVERNING PUBLIC-PRIVATE PARTNERSHIPS › Rule 672-17-.06 - General Rules for Public-Private Partnerships

Current through Rules and Regulations filed through June 27, 2024
(1) The Department and Board reserve all
			 rights available to them by law in administering these rules, including without
			 limitation, the right in their sole discretion to:
(a) reject any and all responses to Requests
			 for Qualifications or Request for Proposals at any time;
(b) suspend, discontinue or terminate
			 evaluation of any and all responses to Requests for Qualifications or Request
			 for Proposals at any time;
(c)
			 suspend, discontinue or terminate final contract negotiations with any Proposer
			 at any time prior to the actual authorized execution of such final agreement by
			 all parties;
(d) discuss and
			 negotiate with a Proposer without being bound by any provision in its
			 Proposal;
(e) modify, issue addenda
			 to, or cancel any Request for Qualifications or Request for
			 Proposals;
(f) request or obtain
			 additional information about any Proposal, or request revisions
			 thereto;
(g) revise, supplement or
			 withdraw all or any part of the Guidelines; and
(h) undertake such other action or exercise
			 such other rights as may be provided for in the Request for Qualifications or
			 Request for Proposals.
Compilation of Rules and Regulations of the State of Georgia › Department 672 - STATE DEPARTMENT OF TRANSPORTATION › Chapter 672-17 - GOVERNING PUBLIC-PRIVATE PARTNERSHIPS › Rule 672-17-.07 - Protests

Current through Rules and Regulations filed through June 27, 2024
(1) Scope of
			 Protests. Protests are limited to, and this Rule prescribes the exclusive
			 protest procedures for, the following:
(a)
			 exclusion from the list of qualified Proposers; or
(b) award of a contract for Public-Private
			 Partnership.
Compilation of Rules and Regulations of the State of Georgia › Department 672 - STATE DEPARTMENT OF TRANSPORTATION › Chapter 672-18 - GOVERNING THE DESIGN-BUILD PROCEDURES › Rule 672-18-.01 - Purpose of Regulations

Current through Rules and Regulations filed through June 27, 2024
The Department's policy concerning Design-Build is to assure
				that projects utilizing this method of procurement are in the best interest of
				the public, are clearly defined projects, or provide a significant time savings
				and innovation in project delivery.
O.C.G.A. Secs.
				  32-2-2,   32-2-81,   50-13-4.
Compilation of Rules and Regulations of the State of Georgia › Department 672 - STATE DEPARTMENT OF TRANSPORTATION › Chapter 672-18 - GOVERNING THE DESIGN-BUILD PROCEDURES › Rule 672-18-.03 - Prequalification Requirements

Current through Rules and Regulations filed through June 27, 2024
The Department has established a policy and procedure governing
				the qualifications of professional consultants and contractors to perform work.
				All contractors and consultants for Design-Build Projects must be prequalified
				by the Department by the date of submission of proposals in response to the RFP
				utilizing the One Phase Low Bid selection method; or by the date of submission
				of the SOQ utilizing the Two Phase Low Bid and Best Value selection
				methods.
O.C.G.A. Secs.
				  32-2-2,   32-2-81,   50-13-4.
Compilation of Rules and Regulations of the State of Georgia › Department 672 - STATE DEPARTMENT OF TRANSPORTATION › Chapter 672-18 - GOVERNING THE DESIGN-BUILD PROCEDURES › Rule 672-18-.04 - Public Advertisement Procedures

Current through Rules and Regulations filed through June 27, 2024
Solicitations for Design-Build Projects including the PNA, RFQ
				or RFP will be given through the Internet. The PNA will provide information on
				an upcoming Design-Build Project, and shall outline the tentative general
				scope(s) and description(s), location(s), anticipated procurement schedule(s),
				selection method, anticipated SOQ evaluation criteria or anticipated
				qualification requirements if One Phase Low Bid selection method is utilized,
				Shortlist criteria (if applicable), and stipulated fee qualification (if
				applicable).
The Department will maintain a Design-Build webpage on the
				Internet which will include a list of Projects approved by the Department for
				Design-Build delivery including a tentative procurement schedule (if
				known).
O.C.G.A. Secs.
				  32-2-2,   32-2-81,   50-13-4.
Compilation of Rules and Regulations of the State of Georgia › Department 672 - STATE DEPARTMENT OF TRANSPORTATION › Chapter 672-18 - GOVERNING THE DESIGN-BUILD PROCEDURES › Rule 672-18-.05 - Repealed and Reserved

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Secs.
				  32-2-2,   32-2-81,   50-13-4.
Compilation of Rules and Regulations of the State of Georgia › Department 672 - STATE DEPARTMENT OF TRANSPORTATION › Chapter 672-18 - GOVERNING THE DESIGN-BUILD PROCEDURES › Rule 672-18-.06 - Request for Qualification Requirements

Current through Rules and Regulations filed through June 27, 2024
For the Two Phase Low Bid and Best Value selection methods, the
				Department will advertise an RFQ for the Project. The Department has
				established policy and procedure governing the evaluation of the LOI and SOQ.
				Criteria for evaluation of the SOQ will be governed by the selection criteria
				set forth in
				 48 CFR 36.303-1  including: technical approach (but
				not detailed design or technical information), technical qualifications,
				technical competence, capability to perform the work, past performance and
				other appropriate factors as identified in the LOI and SOQ (excluding cost or
				price related factors).
The LOI and SOQ submitted by Proposers shall address all stated
				criteria in the RFQ in order to be considered complete and responsive.
The advertised criteria in the RFQ shall include, at a
				minimum:
1. All project specific
			 qualifications necessary to satisfy both the construction, right of way
			 services (if any), utility coordination, and design portions of the scope of
			 services, and
2. A request for a
			 copy of the Department-issued Certificate of Qualification for the entire
			 Design-Build Team, including each member of the consultant team and each prime
			 contractor, if a joint venture team is proposed.
The RFQ shall include information on the procedures that apply
				for consideration of a proposal and shall include the applicable percentage to
				be applied to each evaluation criterion and the relative weight to be assigned
				to each.
For the Two Phase Low Bid selection method, the Department will
				evaluate all responsive SOQ. The Department may either accept all qualified
				Proposers or Shortlist the highest ranked Proposers to participate in the RFP
				phase.
For the Best Value selection method, the Department will
				evaluate all responsive SOQ. The Department will Shortlist the highest ranked
				Proposers to participate in the RFP phase.
O.C.G.A. Secs.
				  32-2-2,   32-2-81,   50-13-4.
Compilation of Rules and Regulations of the State of Georgia › Department 672 - STATE DEPARTMENT OF TRANSPORTATION › Chapter 672-18 - GOVERNING THE DESIGN-BUILD PROCEDURES › Rule 672-18-.07 - Request for Proposal Requirements

Current through Rules and Regulations filed through June 27, 2024
The RFP will include the necessary Instructions to Proposers
				(ITP), selection method, technical proposal requirements, Alternative Technical
				Concept (ATC) instructions (if applicable), one-on-one meeting dates (if
				applicable), design criteria, special provisions, responsibilities of the
				Design-Build Team, mandatory project scope elements, deliverables and the
				project schedule. In addition, the RFP will outline the terms and conditions of
				a stipulated fee (if applicable).
For the Best Value selection method, the Chief Engineer will
				approve the evaluation criteria, including the price proposal and technical
				proposal weighting, prior to advertising the RFP.
When available, the Department will provide any
				project-specific documentation, drawings, files, reports, and other pertinent
				materials which would be of use to the Proposers. For Projects that are FHWA
				and/or FTA full-oversight, the Department will obtain FHWA and/or FTA
				concurrence of the RFP prior to release.
O.C.G.A. Secs.
				  32-2-2,   32-2-81,   50-13-4.
Compilation of Rules and Regulations of the State of Georgia › Department 672 - STATE DEPARTMENT OF TRANSPORTATION › Chapter 672-18 - GOVERNING THE DESIGN-BUILD PROCEDURES › Rule 672-18-.08 - Criteria for Evaluating Technical Information and Project Costs

Current through Rules and Regulations filed through June 27, 2024
For the One Phase Low Bid and the Two Phase Low Bid selection
				methods, the Department will review the Project's price proposals of the
				qualified or Shortlisted Proposers and technical proposal information or
				qualification package information as requested in the RFP.
For the Best Value selection method, the Department will review
				the Project's price proposals of the Shortlisted Proposers, and will evaluate
				the technical proposals in accordance with requirements included in the
				RFP.
The Department may request that Proposers provide the technical
				and support information used to develop their respective price proposals. This
				information may include, but is not limited to, costing plans, pay item quotes,
				design assumptions, summary of quantities, detailed estimate, design costs,
				mobilization assumptions, schedule assumptions and construction staging
				assumptions.
The Department will compare the price proposals of the
				Proposers to the internal Department estimate.
1. For the One Phase Low Bid and Two Phase
			 Low Bid selection methods, the Department shall validate the reasonableness and
			 completeness of the price proposals as one part of the evaluation process
			 necessary to identify the lowest responsive bidder.
2. For the Best Value selection method, the
			 Department shall validate the reasonableness and completeness of the price
			 proposals as one part of the evaluation process necessary to select the Best
			 Value Proposer.
O.C.G.A. Secs.
				  32-2-2,   32-2-81,   50-13-4.
Compilation of Rules and Regulations of the State of Georgia › Department 672 - STATE DEPARTMENT OF TRANSPORTATION › Chapter 672-18 - GOVERNING THE DESIGN-BUILD PROCEDURES › Rule 672-18-.09 - Criteria for Selection and Award Process

Current through Rules and Regulations filed through June 27, 2024
For the One Phase Low Bid selection method, the Department will
				review price proposals, as well as the technical proposals and/or the
				qualifications package in accordance with requirements included in the RFP. The
				Department will select the lowest qualified and responsive bidder.
For the Two Phase Low Bid selection method, the Department will
				review price proposals and technical proposals in accordance with requirements
				included in the RFP. The Department will select the lowest responsive
				bidder.
For the Best Value selection method, the Department will
				evaluate price proposals and technical proposals in accordance with
				requirements included in the RFP. The Department will select the Proposer with
				the highest combined score based on the sum of the weighted price proposal
				score and the weighted technical proposal score.
A proposal will only be considered nonresponsive if it does not
				contain all the information and level of detail requested in the RFP. No
				proposal will be considered unless it is accompanied by a Proposal Guaranty as
				mandated by the Department Standard Specifications Construction of
				Transportation Systems. A proposal shall not be deemed to be nonresponsive
				solely on the basis of minor irregularities in the proposal that do not
				directly affect the ability to fairly evaluate the merits of the
				proposal.
During the evaluation process, the Department may request that
				the Proposers provide additional technical support information used to develop
				the price proposal. In the event that major errors, major irregularities or
				major omissions are discovered, the Department shall retain the right to
				disqualify the Proposer and award the project to the next responsive
				bidder.
A Project may be awarded prior to approval of any applicable
				environmental document and permits, provided prior concurrence has been
				obtained from the appropriate lead Federal agency (FHWA or
				FTA).
O.C.G.A. Secs.
				  32-2-2,   32-2-81,   50-13-4.
Compilation of Rules and Regulations of the State of Georgia › Department 672 - STATE DEPARTMENT OF TRANSPORTATION › Chapter 672-18 - GOVERNING THE DESIGN-BUILD PROCEDURES › Rule 672-18-.10 - Repealed and Reserved

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Secs.
				  32-2-2,   32-2-81,   50-13-4.
Compilation of Rules and Regulations of the State of Georgia › Department 672 - STATE DEPARTMENT OF TRANSPORTATION › Chapter 672-18 - GOVERNING THE DESIGN-BUILD PROCEDURES › Rule 672-18-.11 - Criteria for Providing a Stipend Fee

Current through Rules and Regulations filed through June 27, 2024
At the discretion of the Department, a stipulated fee as a
				payment for work product may be paid to the Proposers who submitted responsive,
				yet unsuccessful price proposals and technical proposals. The decision to
				utilize a stipulated fee shall be based on the Department's analysis of the
				estimated proposal development costs, the complexity of the project,
				opportunities for innovation, the expected level of Proposer's involvement
				during the ATC process (if applicable), and the anticipated degree of
				competition during the procurement process. Any stipulated fee recommendations
				shall be made by the Department's originating office for which the project has
				been assigned and the stipulated fee amount shall be determined on a
				project-by-project basis. Stipulated fee recommendations shall require the
				approval of both the Department's Chief Engineer and the Treasurer. The terms
				and conditions for stipulated fees, if applicable, shall be included in the
				RFP.
If a stipulated fee is provided, the work produced by the
				Proposer for the Project shall be provided to the Department for use in
				connection with the contract awarded for the Project, or in connection with a
				subsequent procurement on the Project or any other Department project, without
				obligation to pay any additional compensation to the unsuccessful
				Proposer.
Documentation supporting actual technical proposal development
				costs may be requested.
Proposers submitting a LOI and SOQ, which were considered
				unqualified or which were not Shortlisted by the Department, are not eligible
				for a stipulated fee.
The Proposer may elect to waive the stipulated fee and retain
				their work product.
O.C.G.A. Secs.
				  32-2-2,   32-2-81,   50-13-4.
Compilation of Rules and Regulations of the State of Georgia › Department 672 - STATE DEPARTMENT OF TRANSPORTATION › Chapter 672-18 - GOVERNING THE DESIGN-BUILD PROCEDURES › Rule 672-18-.12 - Criteria for Resolution of Contact Issues

Current through Rules and Regulations filed through June 27, 2024
The Department has established policy and procedures governing
				resolution of contract issues. Criteria for resolution of contract issues are
				defined in the Department Standard Specifications Construction of
				Transportation Systems, Section 109.04,"Payment and Compensation for Altered
				Quantities," Section 109.05,"Extra Work" and Section 105.13,"Claims for
				Adjustments and Disputes." The resolution of contract issues for Design-Build
				contracts will follow these standards.
O.C.G.A. Secs.
				  32-2-2,   32-2-81,   50-13-4.
Compilation of Rules and Regulations of the State of Georgia › Department 672 - STATE DEPARTMENT OF TRANSPORTATION › Chapter 672-18 - GOVERNING THE DESIGN-BUILD PROCEDURES › Rule 672-18-.13 - Fiscal Year Summary Report of Design-Build

Current through Rules and Regulations filed through June 27, 2024
Not later than 90 days after the end of the fiscal year, the
				Department will provide the Governor, Lieutenant Governor, Speaker of the House
				of Representatives, and chairpersons of the House and Senate Transportation
				Committees a summary containing all projects awarded during the fiscal year
				using the Design-Build contracting method. The report shall include, but not be
				limited to, the project number, county, project description, name of
				Design-Build Team awarded the project, awarded amount, selection method, and an
				explanation for any projects awarded other than low bid. Design-Build contracts
				that are part of a separate Public Private Initiative or Public Private
				Partnerships are not included in this summary and are outside this Rule. This
				report will be made available for public information.
O.C.G.A. Secs.
				  32-2-2,   32-2-81,   50-13-4.
Compilation of Rules and Regulations of the State of Georgia › Department 672 - STATE DEPARTMENT OF TRANSPORTATION › Chapter 672-19 - GOVERNING UTILITIES MEDIATION PROCESS › Rule 672-19-.01 - Purpose

Current through Rules and Regulations filed through June 27, 2024
(1)
General
. O.C.G.A §
								32-6-171 requires the establishment of a Mediation Board to hear and decide disputes
			 that may arise between the Department, the utility companies, and contractors
			 concerning the prompt removal, relocation or adjustment of utilities on the
			 Department's projects. The Code authorizes the Department to establish rules,
			 procedures and guidelines for utility relocation, including the resolution of
			 disputes pertaining to utility relocation.
(2)
Legislative Intent
. The
			 legislature intended for mediation to be a means by which the Department, the
			 Utilities, and the Contractors can settle disputes regarding the removal,
			 relocation or adjustment of utilities on the Department's projects. The State
			 Transportation Board views dispute resolution as a less expensive and more
			 constructive alternative to litigation, which too often is the only option
			 available to the parties involved in these disputes. The implementation by the
			 Department of utility relocation procedures and the creation of a Mediation
			 Board to assist with dispute resolution is one method of making removal,
			 relocation or adjustment of utilities on the Department's projects both
			 effective and efficient.
Authority O.C.G.A. Secs.
				  32-2-2,   32-2-81,   50-13-4.
Compilation of Rules and Regulations of the State of Georgia › Department 672 - STATE DEPARTMENT OF TRANSPORTATION › Chapter 672-19 - GOVERNING UTILITIES MEDIATION PROCESS › Rule 672-19-.02 - Applicability of Rules

Current through Rules and Regulations filed through June 27, 2024
(1)
Applicability
. The Rules
			 provided herein are applicable to three types of disputes subject to mediation
			 under O.C.G.A. §
								32-6-171:
(a) Disputes related to a Work Plan or
			 revised Work Plan that has been submitted by the utility but not approved by
			 the Department;
(b) Disputes
			 related to a Contractor's claim against the Utility for Delay Costs or other
			 Damages related to the Utility's removal, relocation, or adjustment of its
			 facilities; and/or
(c) Any other
			 matter related to the removal, relocation, or adjustment of the Utility's
			 facilities.
Compilation of Rules and Regulations of the State of Georgia › Department 672 - STATE DEPARTMENT OF TRANSPORTATION › Chapter 672-19 - GOVERNING UTILITIES MEDIATION PROCESS › Rule 672-19-.04 - Escalation Process - Duties and Responsibilities

Current through Rules and Regulations filed through June 27, 2024
(1)
General
. The Department is
			 responsible for the administration of the dispute resolution process outlined
			 in these rules including the initiation of the process by the Parties. The
			 Department will provide for an Escalation Process that includes at least the
			 following minimum requirements:
(a) A
			 requirement that a written Notice of Potential Dispute be provided to any
			 Utility involved in the dispute within at least ten (10) days from the time the
			 dispute or potential dispute is identified by the Party initiating the use of
			 the dispute resolution process;
(b)
			 A structured negotiation process to encourage and facilitate resolution of the
			 Notice of Potential Dispute prior to review of the issue by the Mediation
			 Board; and
(c) Provisions for the
			 requirement that the Parties make the notice provisions and the structured
			 negotiation process a prerequisite to the referal of the case to the Mediation
			 Board.
Compilation of Rules and Regulations of the State of Georgia › Department 672 - STATE DEPARTMENT OF TRANSPORTATION › Chapter 672-19 - GOVERNING UTILITIES MEDIATION PROCESS › Rule 672-19-.05 - Mediation Board

Current through Rules and Regulations filed through June 27, 2024
(1)
Purpose and
			 Responsibilities
. As part of the dispute resolution process the
			 Department is authorized to establish a Mediation Board and to establish
			 procedures for the operation of the Mediation Board.
(2)
Establishment of Mediation
			 Board
. After a written Petition for Mediation has been submitted and
			 certified in accordance with
			  672-19-.06(5), the
			 Mediation Board shall be established within thirty (30) days of the
			 certification of the Petition for Mediation. The hearing shall be held within
			 sixty (60) days of the establishment of the Mediation Board.
(3)
Qualified Mediators
. Any
			 person serving on a Mediation Board established pursuant to these rules shall
			 meet the following minimum criteria in order to be included on the List of
			 Qualified Mediators:
(a) Certification by the
			 State Office of Dispute Resolution or certification by completion of a program
			 approved by the Department; and
(b)
			 Meet the minimum training requirements to remain certified.
No member of a Mediation Board shall have any direct
				relationship with any of the parties involved in the dispute or issues for
				which the Mediation Board is formed. For purposes of this section, direct
				relationship shall mean any contractual relationship or employment relationship
				within the previous six (6) months from the establishment of the Mediation
				Board.
Compilation of Rules and Regulations of the State of Georgia › Department 672 - STATE DEPARTMENT OF TRANSPORTATION › Chapter 672-19 - GOVERNING UTILITIES MEDIATION PROCESS › Rule 672-19-.06 - Mediation Board Procedures

Current through Rules and Regulations filed through June 27, 2024
(1)
Petition for Mediation
.
			 Whenever a Notice of Potential Dispute regarding an issue outlined in Section
			  672-19-.04(1)  has
			 been filed and at the end of the Escalation Process the potential dispute has
			 not been resolved, the Utility or the Department may file a Petition for
			 Mediation with a request that a Mediation Board be convened to hear and decide
			 the dispute. The Petition for Mediation shall be initiated by sending a copy of
			 the petition to each Party involved in the dispute.
(2)
Contents of Petition for
			 Mediation
. A uniform Petition for Mediation provided by the Department
			 shall be used. The Petition shall be date-stamped by the Department immediately
			 upon receipt. The following must accompany the Petition:
(a) A certification that the Petitioner has
			 served a copy of the Petition for Mediation on the Department and that formal
			 mediation is being sought;
(b) A
			 narrative statement of the facts underlying the dispute(s), including
			 statements as to what remedy is being sought by the Petitioner and what steps,
			 if any, have previously been taken to resolve the disputes(s);
(c) A notarized signature by the authorized
			 representative of the Petitioner;
(d) A detailed statement of all disputes and
			 issues the Petitioner is submitting for resolution by the Mediation Board and a
			 statement identifying the Parties that are necessary to resolve the dispute.
			 This statement may be amended prior to the hearing subject to approval by the
			 Mediation Board; and
(e) A
			 statement by the Department that the dispute by the Contractor, (if applicable)
			 should proceed.
Compilation of Rules and Regulations of the State of Georgia › Department 672 - STATE DEPARTMENT OF TRANSPORTATION › Chapter 672-20 - PERMITTING AUTOMATED TRAFFIC ENFORCEMENT SAFETY DEVICES IN SCHOOL ZONES › Rule 672-20-.01 - Purpose of Rules

Current through Rules and Regulations filed through June 27, 2024
(1) School zones are unique to Georgia's
			 roadway system due to the reoccurring reduction of the designated speed limit.
			 This reduction in vehicular speed provides two primary functions:
(1) it affords the driver with more time to
			 recognize and react to pedestrians in the travel way; and
(2) it offers schoolchildren additional time
			 to anticipate vehicular movement in order to safely avoid crashes. The goal of
			 the placement and use of Automated Traffic Enforcement Safety Devices is to
			 increase safety throughout Georgia's School Zones.
Compilation of Rules and Regulations of the State of Georgia › Department 672 - STATE DEPARTMENT OF TRANSPORTATION › Chapter 672-20 - PERMITTING AUTOMATED TRAFFIC ENFORCEMENT SAFETY DEVICES IN SCHOOL ZONES › Rule 672-20-.02 - Definitions

Current through Rules and Regulations filed through June 27, 2024
The following words when used in Chapter 672-20 shall have the
				following meaning unless the context thereof indicates another meaning:
(a) "AASHTO Roadside Design Guide" means the
			 American Association of State Highway and Transportation Officials Roadside
			 Design Guide, current edition.
(b)
			 "Applicant" means any school or if a public school the school system housing
			 the school that requests a permit for the placement and use of an Automated
			 Traffic Enforcement Safety Device pursuant to O.C.G.A. §
								40-14-18.
(c) "Automated Traffic Enforcement Safety
			 Device" means a speed detection device that:
(A) Is capable of producing photographically
			 recorded still or video images, or both, of the rear of a motor vehicle or of
			 the rear of a motor vehicle being towed by another vehicle, including an image
			 of such vehicle's rear license plate;
(B) Is capable of monitoring the speed of a
			 vehicle as photographically recorded pursuant to subparagraph (A) of this
			 paragraph; and
(C) Indicates on
			 each photographically recorded still or video image produced the date, time,
			 location, and speed of a photographically recorded vehicle traveling at a speed
			 above the posted speed limit within a marked school zone.
Compilation of Rules and Regulations of the State of Georgia › Department 672 - STATE DEPARTMENT OF TRANSPORTATION › Chapter 672-20 - PERMITTING AUTOMATED TRAFFIC ENFORCEMENT SAFETY DEVICES IN SCHOOL ZONES › Rule 672-20-.03 - Permit Requirements

Current through Rules and Regulations filed through June 27, 2024
(1) The Applicant must complete the Automated
			 Traffic Enforcement Safety Device Permit Form and submit it to the Department.
			 The Automated Traffic Enforcement Safety Device Permit Form shall include
			 sufficient information and documentation for the Department to determine the
			 need for such permit. Such Automated Traffic Enforcement Safety Device Permit
			 Form shall include at a minimum:
(a) Location
			 of the Automated Traffic Enforcement Safety Device;
(b) Specific Model number or identification
			 information of the Automated Traffic Enforcement Safety Device;
(c) Traffic data indicating the number and
			 speed of vehicles traveling in the area of the proposed Automated Traffic
			 Enforcement Safety Device;
(d) List
			 of all schools within the subject School Zone;
(e) Proof that the Applicant has obtained all
			 required permissions, permits and property rights necessary for the
			 installation, maintenance and operation of the desired Automated Traffic
			 Enforcement Safety Device which may include but are not limited to other
			 permits from the Department;
(f)
			 Any additional information deemed necessary by the Department to determine need
			 for the Automated Traffic Enforcement Safety Device at the specific
			 location;
(g) Written
			 correspondence from the appropriate local law enforcement agency approving the
			 Applicant's request for an Automated Traffic Enforcement Safety Device;
			 and
(h) For an application for an
			 Automated Traffic Enforcement Safety Device located Off System, a letter
			 certifying from the chief elected official that the Applicant will comply with
			 all applicable Georgia laws, including but not limited to O.C.G.A. §§
									40-14-18,  40-14-1.1 and 
			  40-6-183.
Compilation of Rules and Regulations of the State of Georgia › Department 672 - STATE DEPARTMENT OF TRANSPORTATION › Chapter 672-20 - PERMITTING AUTOMATED TRAFFIC ENFORCEMENT SAFETY DEVICES IN SCHOOL ZONES › Rule 672-20-.04 - Review by the Department and Determination of Need

Current through Rules and Regulations filed through June 27, 2024
(1) The Department will review and either
			 approve or deny a completed application for an Automated Traffic Enforcement
			 Safety Device Permit.
(2) The
			 decision of whether to approve or deny an application for an Automated Traffic
			 Enforcement Safety Device Permit will be at the discretion of the State Traffic
			 Engineer.
(3) An Automated Traffic
			 Enforcement Safety Device Permit Form for a device located On System will only
			 be considered for those areas where a School Zone is already named on the
			 Master State Order or List of Roads.
(4) Placement of an Automated Traffic
			 Enforcement Safety Device may be required to be outside the Clear Zone as
			 specified by the AASHTO Roadside Design Guide as determined by the
			 Department.
O.C.G.A. §
										40-14-18.
Compilation of Rules and Regulations of the State of Georgia › Department 672 - STATE DEPARTMENT OF TRANSPORTATION › Chapter 672-20 - PERMITTING AUTOMATED TRAFFIC ENFORCEMENT SAFETY DEVICES IN SCHOOL ZONES › Rule 672-20-.05 - Permit Holder Requirements

Current through Rules and Regulations filed through June 27, 2024
In addition to those requirements set forth in the Automated
				Traffic Enforcement Safety Device Permit, the permit holder:
(a) Must maintain and make available to the
			 Department upon the request all calibration tests and performance logs as
			 required in O.C.G.A. §
								40-14-5 for a period of three (3) years.
(b) Is responsible for the operation of the
			 Automated Traffic Enforcement Safety Device as long as the device is in place
			 and is responsible for maintaining the device in good working order during the
			 term of the Permit. All maintenance work on said device within the Department's
			 right-of-way must be coordinated with the Department's appropriate District
			 Traffic Engineer. All Contractor work times shall be in accordance with the
			 appropriate District Traffic Engineer's directive.
(c) The Applicant must ensure the maintenance
			 of all School Zone Signage as defined in the MUTCD, including but not limited
			 to School Zone Flashers.
(d) The
			 permitted Automated Traffic Enforcement Safety Device shall otherwise be
			 operated in accordance with all other laws and regulations.
O.C.G.A.
				§§
										40-14-18,   40-4-5.
Compilation of Rules and Regulations of the State of Georgia › Department 672 - STATE DEPARTMENT OF TRANSPORTATION › Chapter 672-20 - PERMITTING AUTOMATED TRAFFIC ENFORCEMENT SAFETY DEVICES IN SCHOOL ZONES › Rule 672-20-.06 - Changes to and Cancellation of the Automated Traffic Enforcement Safety Device Permit

Current through Rules and Regulations filed through June 27, 2024
(1) The Department may require a change in
			 the location of the proposed Automated Traffic Enforcement Safety Device either
			 temporarily or permanently in response to active or proposed construction
			 projects, including but not limited to Department projects, within the area,
			 all costs of which will be borne by the permittee.
(2) The Department may review at any time a
			 Permit for an Automated Traffic Enforcement Safety Device and require the
			 permittee to submit information and documentation that shows proper operation
			 and maintenance of the Automated Traffic Enforcement Safety Device.
(3) The Department reserves the right to
			 cancel any Automated Traffic Enforcement Safety Device Permit for the following
			 reasons:
(a) The subject school
			 relocates;
(b) The subject School
			 Zone is changed or removed;
(c) The
			 Georgia Department of Public Safety revokes the local government's permit to
			 use speed detection devices;
(d)
			 The permit issued by the Georgia Department of Public Safety for the use of
			 speed detection devices expires and is not renewed;
(e) The permittee does not maintain an
			 Automated Traffic Enforcement Safety Device in proper working order in
			 accordance with Rule 672-20
			 .05(b);
(f) The permittee fails to meet or follow any
			 requirements of the Permit or any other Department rules, policies or
			 guidelines; or
(g) Any other reason
			 that the Department determines requires cancellation of the Permit.
Compilation of Rules and Regulations of the State of Georgia › Department 672 - STATE DEPARTMENT OF TRANSPORTATION › Chapter 672-21 - BID PROTEST PROCEDURES FOR CERTAIN CONSTRUCTION PROJECTS › Rule 672-21-.01 - Definitions

Current through Rules and Regulations filed through June 27, 2024
The following words when used in Chapter 672-21 shall have the
				following meanings:
(a) "Apparent Low
			 Bidder" means the Bidder identified by the Department to be the lowest reliable
			 bidder for a Construction Project.
(b) "Award" means the formal acceptance by
			 the Department of a Proposal.
(c)
			 "Bid Protest" means a challenge by a Bidder made pursuant to this Chapter to
			 the identification by the Department of an Apparent Low Bidder or of an
			 Award.
(d) "Bidder" means a
			 qualified individual, firm or corporation, or combination thereof, submitting a
			 written Proposal for The Work advertised.
(e) "Bid Protest Bond" means a bond required
			 to be filed with the Bid Protest Form using the bond form available on the
			 Department's website at
www.dot.ga.gov
and
			 in the amount as determined by this Chapter.
(f) "Bid Protest Form" means the form
			 provided on the Department's website at
www.dot.ga.gov
.
(g) "Board of Review" means a board
			 consisting of not less than 3 members, all of whom shall be employees of the
			 Department. All members shall be appointed by order of the
			 Commissioner.
(h) "Commissioner"
			 means the Commissioner of the Department.
(i) "Construction Project" means a Department
			 project procured pursuant to O.C.G.A. Section
			  32-2-69 and  in the amount of at least $200,000.
(j) "Department" means the Georgia Department
			 of Transportation.
(k) "Final
			 Decision" means the written decision issued by the Commisisoner pursuant to
			 Rule  672-21-.05.
(l) "O.C.G.A."
			 means the Official Code of Georgia Annotated.
(m) "Preliminary Decision" means the writen
			 decision issued by the Board of Review pursuant to Rule  672-21-.05.
(n) "Proposal" means the offer of a Bidder,
			 on the prescribed form, to perform The Work at the prices quoted for a
			 Construction Project.
(o)
			 "Protesting Bidder" means a Bidder who has filed a Bid Protest pursuant to this
			 Chapter.
(p) "The Work" means the
			 furnishing of all labor, materials, equipment, superintendence and other
			 incidentals necessary for the successful completion of a Construction Project
			 and the carrying out of all the duties and obligations imposed by the
			 contract.
O.C.G.A.
				§§
										32-2-69,   50-13-4.
Compilation of Rules and Regulations of the State of Georgia › Department 672 - STATE DEPARTMENT OF TRANSPORTATION › Chapter 672-21 - BID PROTEST PROCEDURES FOR CERTAIN CONSTRUCTION PROJECTS › Rule 672-21-.02 - Eligibility for Filing Bid Protest

Current through Rules and Regulations filed through June 27, 2024
(1) The following Bidders may file a Bid
			 Protest:
a. a Bidder who has not been
			 identified as the Apparent Low Bidder for a Construction Project and where its
			 bid is in an amount lower than that of the Apparent Low Bidder; or
b. an Apparent Low Bidder that has not been
			 awarded the Construction Project.
Compilation of Rules and Regulations of the State of Georgia › Department 672 - STATE DEPARTMENT OF TRANSPORTATION › Chapter 672-21 - BID PROTEST PROCEDURES FOR CERTAIN CONSTRUCTION PROJECTS › Rule 672-21-.03 - Filing of Bid Protest

Current through Rules and Regulations filed through June 27, 2024
(1) A Bid Protest shall be addressed to the
			 Department's General Counsel and sent to the following address: 600 West
			 Peachtree Street NW, Atlanta GA 30308 or sent by emailing to the following
			 address bidprotest@dot.ga.gov.
(2)
			 A Protesting Bidder must complete and submit the Bid Protest Form. At a
			 minimum, the Protesting Bidder must identify the project number, the letting
			 number, call number, the entity making the protest, and must include the
			 factual and legal basis upon which the Bid Protest is based and any documents
			 supporting the protest. The Bid Protest must be executed by an officer
			 authorized to execute agreements on behalf of the Bid Protester and must
			 include the corporate seal of the Protesting Bidder and a notary
			 seal.
(3) The time for filing a Bid
			 Protest is as follows:
a. For a Bid Protest
			 filed pursuant to Rule  672-21-.02(1)(a), the Bid Protest must be filed with the
			 Department during the 72-hour period which begins upon the electronic posting
			 of a decision or intended decision identifying the Apparent Low
			 Bidder.
b. For a Bid Protest filed
			 pursuant to Rule  672-21-.02(1)(b), the Bid Protest must be filed with the
			 Department during the 72-hour period which begins upon the electronic posting
			 of the Award of the Construction Project.
c. The Bid Protest must be received by the
			 Department before the 72-hour period expires.
d. The 72-hour period is not extended by
			 filing the Bid Protest by mail.
e.
			 Saturdays, Sundays, and legal holidays shall be excluded in computing the
			 72-hour period.
Compilation of Rules and Regulations of the State of Georgia › Department 672 - STATE DEPARTMENT OF TRANSPORTATION › Chapter 672-21 - BID PROTEST PROCEDURES FOR CERTAIN CONSTRUCTION PROJECTS › Rule 672-21-.04 - Withholding of Award

Current through Rules and Regulations filed through June 27, 2024
(a) Where a Bid Protest has been filed
			 pursuant to Rule  672-21-.02(1)(a), the Department will defer the Award of the
			 subject Construction Project until either the Bid Protest has been withdrawn or
			 the Department has made a Final Decision as to the action to be taken regarding
			 the Bid Protest.
(b) Where a Bid
			 Protest has been filed pursuant to Rule  672-21-.02(1)(b), the Deparment will
			 defer the execution of the contract for the subject Construction Project until
			 either the Bid Protest has been withdrawn or the Department has made a Final
			 Decision as to the action to be taken regarding the Bid Protest.
O.C.G.A.
				§§
										32-2-69,   50-13-4.
Compilation of Rules and Regulations of the State of Georgia › Department 672 - STATE DEPARTMENT OF TRANSPORTATION › Chapter 672-21 - BID PROTEST PROCEDURES FOR CERTAIN CONSTRUCTION PROJECTS › Rule 672-21-.05 - Department Review and Determination

Current through Rules and Regulations filed through June 27, 2024
(1) Upon the receipt of a completed Bid
			 Protest Form, the Board of Review shall set a date and time for an informal
			 hearing to be held in the matter and shall provide the Bid Protestor written
			 notice.
(2) An informal hearing
			 shall be held in front of the Board of Review 14 calendar days after the
			 receipt of a completed Bid Protest Form.
(3) Documentary evidence and testimony may be
			 presented at the informal hearing by the Department or Protesting
			 Bidder.
(4) Within 5 calendar days
			 after the conclusion of the informal hearing, the Board of Review shall render
			 a written Preliminary Decision and shall thereafter cause a copy of this
			 Preliminary Decision to be served upon the Protesting Bidder.
(5) Within 3 business days of receipt of the
			 Preliminary Decision, the Protesting Bidder may request a formal hearing with
			 the Commissioner. Failure to request a formal hearing within 3 business days
			 after receipt of the Preliminary Decision shall act as waiver of any additional
			 appeal rights of the Protesting Bidder and the Preliminary Decision of the
			 Board of Review shall become the Final Decision. The request for a formal
			 hearing shall be emailed to bidprotest@dot.ga.gov.
(6) If a request for a formal hearing made
			 pursuant to this Rule has been received, the Commissioner shall set a date and
			 time for a hearing to be held in the matter and shall provide the Protesting
			 Bidder written notice.
(7) A
			 hearing with the Commissioner shall be held 14 calendar days after the receipt
			 of a valid request from the Protesting Bidder.
(8) Within 5 calendar days after the hearing,
			 the Commissioner shall issue a Final Decision and shall thereafter cause a copy
			 of the Final Decision to be served upon the Protesting Bidder.
(9) All written notices to the Protesting
			 Bidder shall be served personally or to the mailing address, e-mail address, or
			 facsimile number identified by the Bid Protestor on the Bid Protest
			 Form.
(10) If the Department
			 determines in the Final Decision that the Bid Protest does not have merit, the
			 Bid Protestor shall forfeit their Bid Protests Bond. If the Department
			 determines in the Final Decision that the Bid Protest does have merit, the Bid
			 Protest Bond shall not be forfeited and the Bid Protest Bond will be returned
			 to the successful Bid Protester.
O.C.G.A.
				§§ 32-6-69,
				  50-13-4.