15-1. RFP 25-69-1514 PDB Big Creek GW.pdf

REQUEST FOR PROPOSALS

RFP #: 25-69-1514

Progressive Design/Build Services for the Big Creek Greenway Rehabilitation, Phases

2&3, 4 and Bethelview Trailhead

July 31, 2025

Forsyth County Department of Capital Projects

EJCDC® D-111, Request for Proposals—Design-Build Project.

Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved Page i

PROGRESSIVE DESIGN-BUILD SERVICES FOR THE BIG CREEK GREENWAY

REHABILITATION, PHASES 2&3, 4 AND BETHELVIEW TRAILHEAD

TABLE OF CONTENTS

Page

ARTICLE 1 – DEFINITIONS; RFP DOCUMENTS

ARTICLE 2 – PRE-PROPOSAL CONFERENCE

ARTICLE 3 – PROPOSER’S REPRESENTATIONS

ARTICLE 4 – EXAMINATION OF SITE AND SITE-RELATED DOCUMENTS; OWNER’S SAFETY PROGRAM;

OTHER WORK AT THE SITE

ARTICLE 5 – INTERPRETATIONS AND ADDENDA

ARTICLE 6 – TECHNICAL PROPOSAL

ARTICLE 7 – PRICE PROPOSAL

ARTICLE 8 – PROPOSAL SECURITY

ARTICLE 9 – CONTRACT TIMES

ARTICLE 10 – LIQUIDATED DAMAGES

ARTICLE 11 – FORMAL REQUIREMENTS

ARTICLE 12 – SUBCONTRACTORS, DESIGN PROFESSIONALS, SUPPLIERS, AND OTHERS

ARTICLE 13 – SUBMITTAL OF PROPOSALS

ARTICLE 14 – MODIFICATION AND WITHDRAWAL OF PROPOSAL

ARTICLE 15 – OPENING OF PROPOSALS

ARTICLE 16 – PROPOSALS TO REMAIN SUBJECT TO ACCEPTANCE

ARTICLE 17 – EVALUATION OF PROPOSALS

ARTICLE 18 – REJECTION OF ALL PROPOSALS; DISCREPANCIES

ARTICLE 19 – AWARD OF CONTRACT

ARTICLE 20 – BONDS AND INSURANCE

ARTICLE 21 – SIGNING OF AGREEMENT

ARTICLE 22 – SALES AND TAXES

Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

PROGRESSIVE DESIGN-BUILD SERVICES FOR THE BIG CREEK GREENWAY

REHABILITATION, PHASES 2&3, 4 AND BETHELVIEW TRAILHEAD

ARTICLE 1 – DEFINITIONS; RFP DOCUMENTS

1.01 Definitions

Terms used in this Request for Proposals (RFP) have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms have the meanings indicated below:

1. Issuing Office: The office from which the RFP Documents are to be issued.

2. RFP Documents: This Request for Proposals; and any forms, Project information, qualifications information, technical information, site information, budget information, proposed Contract Documents, or other documents issued with or incorporated by the

RFP.

3. Proposer: An entity that submits a Proposal to Owner.

In addition to terms specifically defined, terms with initial capital letters in the RFP include references to identified articles and paragraphs, and the titles of other documents or forms.

1.02 Obtaining and Using RFP Documents

The RFP Documents may be viewed and obtained online through Bonfire.

https://forsythco.bonfirehub.com/portal/?tab=openOpportunities. Following registration, complete sets of RFP Documents may be downloaded from the Issuing Office’s website as portable document format (PDF) files.

Proposers must use complete sets of RFP Documents in preparing the Proposal. Neither Owner nor Owner’s Consultant (if any) assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of RFP Documents.

Copies of RFP Documents available on the above terms are only for the purpose of obtaining Proposals and do not confer a license or grant to Proposers for any other use.

ARTICLE 2 – PRE-PROPOSAL CONFERENCE

2.01 Date, Location, and Terms of Pre-Proposal Conference

A non-mandatory pre-proposal conference will be held via Teams as indicated in the Advertisement. Representatives of Owner and Owner’s Consultants will be present to discuss the Project. Proposers are encouraged to attend and participate in the conference; however, attendance at this conference is not required to submit a Proposal.

Information presented at the pre-proposal conference does not alter the RFP Documents. Issuing Office will issue Addenda to make any changes to the RFP Documents that result from the discussions at the pre-proposal conference. Information presented and statements made at the https://forsythco.bonfirehub.com/portal/?tab=openOpportunities

Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies, pre-proposal conference will not be binding or legally effective unless incorporated in an Addendum.

ARTICLE 3 – PROPOSER’S REPRESENTATIONS

3.01 Representations: It is the responsibility of each Proposer before submitting a Proposal to:

Examine and carefully study the RFP Documents, and any data and reference items identified in the RFP Documents.

Visit the Site, conduct a thorough, alert visual examination of the Site and adjacent areas, and become familiar with the general, local, and Site conditions that may affect cost, progress, and performance of the Work.

Become familiar with all Laws and Regulations that may affect cost, progress, and performance of the Work.

Carefully study all: (1) reports of explorations and tests of subsurface conditions at or adjacent to the Site, and all drawings of physical conditions relating to existing surface or subsurface structures at the Site, if any, that Owner has identified or made available to Proposer, especially with respect to Technical Data in such reports and drawings, and (2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that Owner has identified or made available to Proposer, especially with respect to Technical Data in such reports and drawings.

Consider the information known to Proposer itself, and to members of Proposer’s design-build team; information commonly known to design professionals, design-builders, and contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the RFP Documents; and the Site-related reports and drawings (if any) identified in the RFP Documents or otherwise made available to Proposer, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the project design; (3) the means, methods, techniques, sequences, and procedures of construction to be employed by Proposer; and (4) Proposer’s safety precautions and programs.

Agree, based on the information and observations referred to in the preceding paragraph, that at the time of submitting its Proposal no further examinations, investigations, explorations, tests, studies, or data are necessary for the preparation of its Proposal for performance of the Work at the prices stated and within the times required, and in accordance with the other terms and conditions of the RFP Documents.

Become aware of the general nature of the work to be performed by Owner and others at the Site that relates to the Work as indicated in the RFP Documents.

Promptly give Owner written notice of all conflicts, errors, ambiguities, or discrepancies that Proposer discovers in the RFP Documents, and confirm that the written response from Owner is acceptable to Proposer.

Determine that the RFP Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance and furnishing of the Work.

Agree that the submission of a Proposal will constitute an incontrovertible representation by Proposer that Proposer has complied with every requirement of this Article, that without

Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies, exception the Proposal and all prices in the Proposal are premised upon performing and furnishing the Work required by the RFP Documents.

Not otherwise, have had involvement with the planning, preliminary design, or other aspect of project. Such entities are disqualified from participating.

ARTICLE 4 – EXAMINATION OF SITE AND SITE-RELATED DOCUMENTS; OWNER’S SAFETY PROGRAM;

OTHER WORK AT THE SITE

4.01 Site and Other Areas

The Site is identified in the RFP Documents. By definition, the Site includes rights-of-way, easements, and other lands furnished by Owner for the use of the Design-Builder. Any additional lands required for temporary construction facilities, construction equipment, or storage of materials and equipment, and any access needed for such additional lands, are to be obtained and paid for by Design-Builder.

4.02 Existing Site Conditions

Subsurface and Physical Conditions; Hazardous Environmental Conditions.

1. The Supplementary Conditions identify:

a. those reports known to Owner of explorations and tests of subsurface conditions at or adjacent to the Site.

b. those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities).

c. reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at or adjacent to the Site.

d. Technical Data contained in such reports and drawings.

2. Owner will make copies of reports and drawings referenced above available to any Proposer on request. These reports and drawings are not part of the Contract Documents, but the Technical Data contained therein upon whose accuracy Proposer is entitled to rely, as provided in the General Conditions, has been identified and established in the Supplementary Conditions. Proposer is responsible for any interpretation or conclusion Proposer draws from any Technical Data or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings.

3. If the Supplementary Conditions do not identify Technical Data, the default definition of Technical Data set forth in Article 1 of the General Conditions will apply.

Underground Facilities: Information and data shown or indicated in the RFP Documents with respect to existing Underground Facilities at or contiguous to the Site are set forth in the Contract Documents and are based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities, including Owner, or others.

Adequacy of Data: Provisions concerning responsibilities for the adequacy of data furnished to prospective Proposers with respect to subsurface conditions, other physical conditions, and Underground Facilities, and possible changes in the RFP Documents due to differing or unanticipated subsurface or physical conditions appear in Paragraphs 5.03, 5.04, and 5.05 of the General Conditions. Provisions concerning responsibilities for the adequacy of data

Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies, furnished to prospective Proposers with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work, appear in Paragraph 5.06 of the General Conditions.

4.03 Site Visit and Testing by Proposers

Proposer shall perform a Site visit (maximum of two participants) on the following date:

• July 15, 2025

Firms must RSVP to acasey@forsythco.com and will be assigned a time slot.

On request, and to the extent Owner has control over the Site, and schedule permitting, the Owner will provide Proposer access to the Site to conduct such additional examinations, investigations, explorations, tests, and studies as Proposer deems necessary for preparing and submitting a successful Proposal. Owner will not have any obligation to grant such access if doing so is not practical because of existing operations, security or safety concerns, or restraints on Owner’s authority regarding the Site.

Proposer shall comply with all applicable Laws and Regulations regarding excavation and location of utilities, obtain all permits, and comply with all terms and conditions established by Owner or by property owners or other entities controlling the Site with respect to schedule, access, existing operations, security, liability insurance, and applicable safety programs.

Proposer shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies.

4.04 Owner’s Safety Program

Site visits and work at the Site may be governed by an Owner safety program. As the General Conditions indicate, if an Owner safety program exists, it will be noted in the Supplementary Conditions.

4.05 Other Work at the Site

Reference is made to Article 9 of the Supplementary Conditions for the identification of the general nature of other work of which Owner is aware (if any) that is to be performed at the Site by Owner or others (such as utilities and other prime contractors) and relates to the Work contemplated by these RFP Documents. If Owner is party to a written contract for such other work, then on request, Owner will provide to each Proposer access to examine such contracts (other than portions thereof related to price and other confidential matters), if any.

ARTICLE 5 – INTERPRETATIONS AND ADDENDA

Owner on its own initiative may issue Addenda to clarify, correct, supplement, or change the Proposal Documents.

Proposer shall submit all questions about the meaning or intent of the Proposal Documents to the Issuing Office in writing via the online bidding platform, Bonfire. Contact information and submittal procedures for such questions are as follows:

mailto:acasey@forsythco.com

Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies, It is the sole responsibility of each Proposer to notify the Issuing Office utilizing the question/answer feature provided by Bonfire and request modification or clarification of any ambiguity, conflict, discrepancy, omission, or other error discovered in this competitive solicitation. All questions and requests for information received through Bonfire will be responded to by official written Addendum issued by the Issuing Office and uploaded to Bonfire as an Addendum. All addenda are a part of the competitive solicitation documents, and each Proposer will be bound by such addenda. It is the responsibility of each Proposer to read and comprehend all addenda issued.

Interpretations or clarifications considered necessary by the Issuing Office in response to such questions will be issued by Addenda via Bonfire. Questions received less than ten days prior to the date for opening of Proposals may not be answered. Only questions answered by formal written Addenda will be binding.

Oral and other interpretations or clarifications will be without legal effect.

ARTICLE 6 – TECHNICAL PROPOSAL

6.01 Technical Proposal Criteria

Proposer shall submit a Technical Proposal that meets the following criteria:

Submission Format

The Proposal must not exceed 20 total pages (8 ½ x 11 or 11x17 where allowed, with 1 inch or greater margins, excluding table of contents, front and back covers, title pages/separation tabs, resumes, required forms and appendices. Eleven‐point font or larger must be used for bulk text content.

Submission Content

The content requirements set forth in this RFP represent the minimum content requirements for the RFP. It is the Proposer’s responsibility to include information in its RFP to present all relevant qualifications and other materials. The RFP, however, should not contain standard marketing or other general materials. It is the Proposer’s responsibility to modify such materials so that only directly relevant information is included in the RFP.

The Technical Proposal must include the following information in the order below:

• Part 1 - Transmittal Letter (3 pages)

• Part 2 – Project Approach (8 pages)

• Part 3 – Experience and Capabilities of Key Personnel (2 pages and 1 page, 11x17, resumes excluded)

• Part 4 – Proposer’s Experience and Capabilities (5 pages)

• Part 5 – Schedule (2 pages and1 page, 11x17)

• Part 6– Acknowledgement that the Proposer will sign the form of Agreement and the form of Payment and Performance Bonds included in this RFP (1 page)

Technical Proposal

Part 1 - Transmittal Letter

Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies, Proposer must submit a transmittal letter (maximum two 3 pages) on the Proposer’s letterhead. The transmittal letter must be signed by a representative of the Proposer who is authorized to sign such material and to commit the Proposer to the representations and obligations contained in the Proposal. The transmittal letter must include the name, address, phone number and e‐ mail address for the Proposer’s

Contact and must specify who would be the Proposer’s proper, legal signatory to any contract documents executed with the Owner. State whether your firm has been involved in any litigation within the past five (5) years arising out of Proposer’s performance.

Part 2 – Project Approach

Provide a conceptual description (maximum 8 pages) of the Proposer’s approach for managing and performing the Project during Preliminary Stage Services and Completion Stage Services that will satisfy the Owner’s objectives for this Project.

The following items should be addressed:

• Identify the work components critical to the Project’s success and how these components would be achieved.

• Provide a schedule and discussion identifying the major milestones of the Proposer’s Progressive Design/Build Approach to provide a preliminary schedule to meet the Preliminary Stage Services design and GMP development objectives as well as the Completion Stage.

• Discuss how a collaborative relationship with the Owner would be established and maintained during the Preliminary Stage Services for design development, scheduling, and cost estimating and in the Completion Stage Services.

• Discuss how the design and construction processes will interface, including how Value Engineering and constructability issues will be addressed.

• Provide a description on cost model development leading up to formal cost estimate submittals, including the use of an open book cost estimation process and establishment of a proposed GMP.

• Discuss how key risk factors will be identified and addressed throughout the Preliminary and Completion Stages Services of the project.

• Provide a narrative of the Proposer’s safety approach.

• Provide a summary of the plans/actions to provide quality control/quality assurance throughout the Preliminary and Completion Stages Services of the Project.

Part 3 – Experience and Capabilities of Key Personnel

1. Please submit a description (limited to 2 pages) of the Proposer’s Team identifying all entity members, subconsultants, the anticipated legal relationship among the Prime Team Members (for example, partners, shareholders, client‐consultant, etc.), clearly defined and articulated decision making bodies, and Prime Entity Members’ roles and responsibilities for the key functions.

Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies,

2. Please submit an organizational chart (1 page, 11x17 acceptable) to illustrate how the key team personnel and the firms will function together and the reporting structure. If subconsultants and subcontractors are not yet known, list the type of subconsultants and subcontractors. In the organizational chart, illustrate how each type of subcontractor or subconsultant fits into the team. If not named, Owner retains the right to approve subcontractors and subconsultants. Resumes for any added personnel should be included. Key team personnel are Design-Builder Project Manager, Project Design Professionals, Subcontractors, Construction Superintendent and Construction Safety Representative.

3. Personnel Experience (limit 1 page per person, excluded from overall page count) – Please submit resumes included in Proposer’s Statement of Qualifications. After the RFP step and selection of the Design-Builder entity, changes in Design-Builder entity key members, as defined during the RFQ stage will require prior written approval from the Owner.

Part 4 – Proposer’s Experience and Capabilities

Provide a description (limited to 5 pages) of the Proposer’s experience with five

(5) parks and recreation projects in the last five years. Out of the five projects, two must be multi-use trail or boardwalk and one (1) for which delivery method was design-build. Description must include design and construction experience, work within and operating/open to the public facility and experience history of lead contractor and lead engineering firms working together.

Identify any major anticipated subcontractors and suppliers who will perform more than 10% of the contracted work and provide an experience statement with pertinent information regarding similar projects and other evidence of qualification for each subcontractor or supplier.

Part 5 – Schedule

Provide a detailed project schedule (2 pages, schedule discussion and 1 page, 11x17 acceptable) and critical path analysis illustrating key project milestones, decision deadlines, including Owner review and approval timeframes, construction packages, equipment lead times and other schedule drivers.

Part 6 – Acknowledgement

Provide acknowledgement (1 page) that the Proposer will sign the form of Agreement and the form of Payment and Performance Bonds included in this RFP.

6.02 Ownership Rights

An unsuccessful Proposer shall retain an ownership and property interest in the Technical Proposal. Owner may retain a record copy for information purposes. Such documents are not intended or represented to be suitable for use or reuse by Owner or others on the Project or on any other project. Any such use or reuse will be at Owner’s sole risk and without liability or legal exposure to unsuccessful Proposer.

Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies,

6.03 Deviations from Conceptual Documents

Technical Proposals may include deviations from the documents provided that such deviations are called to the Owner’s attention in a clear, express manner.

6.04 Evaluation of Technical Proposals

The Proposals will be reviewed and evaluated by the Owner’s selection committee according to the requirements and criteria outlined in this Section. The Owner may require that any Proposer that submitted a Proposal reasonably susceptible of being selected for award participate in discussions, negotiations and revisions for purposes of obtaining best and final offers.

Responsiveness: Each Proposal will be reviewed to determine whether it is responsive to the RFP.

Failure to comply with the requirements of this RFP may result in a Proposal being rejected as non‐responsive.

Evaluation Criteria:

The selection committee will evaluate and rank the responsive Proposals by applying the weighted comparative evaluation criteria set forth in the table below.

Proposal Section Points

Transmittal Letter 5

Project Approach 20

Experience and Capabilities – Key Personnel 25

Proposer’s Experience and Capabilities 20

Schedule 15

Price Proposal 15

Total 100

In ranking the Proposals, the selection committee will utilize a 100‐point scale. The selection committee will apply the non‐price evaluation and complete its awarding of the non‐price criteria points before opening the sealed envelope containing the Price Proposal.

Selection:

After the evaluation process is complete, the Owner will notify Proposers of the Proposal recommended for award of the Project.

ARTICLE 7 – PRICE PROPOSAL

7.01 Stipulated Price

Proposers shall submit a Price Proposal on a stipulated price basis as set forth in the Price Proposal Form for the base price for Preliminary Stage Work.

Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies,

7.02 Cost-Plus-Fee Price Proposals

Proposers shall submit a Price Proposal for the Design-Builder’s fee, which shall be in addition to compensation for Cost of the Work, for the Completion Stage. Such fee shall be percentages of categories of costs, as set forth in the Price Proposal Form.

7.03 Price Proposal Submittal

The Price Proposal Form shall be provided in a separate file in Bonfire from the Technical Proposal.

ARTICLE 8 – PROPOSAL SECURITY

Each Proposal must be accompanied by Proposal Security made payable to Owner in an amount of 5% percent of Proposer’s Proposal price and in the form of Surety Bond (on form attached) issued by a surety meeting the requirements of Paragraphs 6.01 of the General Conditions.

The Proposal Security of Successful Proposer will be retained until such Proposer has executed the Agreement, furnished any required Contract security and met the other conditions of the Notice of Award, whereupon the Proposal Security will be returned. If the Successful Proposer fails to execute and deliver the Agreement and furnish the required contract security within 10 days after the Notice of Award, Owner may annul the Notice of Award and the Proposal security of that Proposer will be forfeited. The Proposal security of other Proposers that Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of seven days after the Effective Date of the Agreement or 90 days after opening of Proposals, whereupon Proposal security furnished by such Proposers will be returned.

ARTICLE 9 – CONTRACT TIMES

9.01 Completion of the Work

The number of days within which, or the dates by which, the Work is to be completed, are set forth in the Agreement.

ARTICLE 10 – LIQUIDATED DAMAGES

10.01 Late Completion

Provisions for liquidated damages for failure to timely attain a Milestone, Substantial Completion, or completion of the Work in readiness for final payment, are set forth in the Agreement.

ARTICLE 11 – FORMAL REQUIREMENTS

11.01 Proposal Execution Requirements

A Proposal by a corporation shall be executed in the corporate name by a corporate officer (whose title must appear under the signature), accompanied by evidence of authority to sign. The corporate address and state of incorporation shall be shown.

Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies, A Proposal by a limited liability company shall be executed in the name of the firm by a member, manager, or other authorized person and accompanied by evidence of authority to sign. The state of organization of the firm and the official address of the firm shall be shown.

A Proposal by an individual shall show the Proposer’s name and official address.

A Proposal by a joint venture shall be executed by an authorized representative of each joint venturer in the manner indicated on the Proposal Form. The official address of the joint venture shall be shown.

All names shall be printed in ink below the signatures.

The Proposal shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be filled in on the Proposal Form.

Postal and e-mail addresses and telephone number for communications regarding the Proposal shall be shown.

ARTICLE 12 – SUBCONTRACTORS, DESIGN PROFESSIONALS, SUPPLIERS, AND OTHERS

Proposer must submit a list of Subcontractors and Suppliers as required in Article 6.01.

ARTICLE 13 – SUBMITTAL OF PROPOSALS

Proposals, including all their component parts, shall only be submitted via Bonfire no later than the time specified in the Advertisement. No paper proposals shall be considered.

Each Proposer assumes full responsibility for timely submission of its Proposal. The Price Proposal shall be submitted in a separately sealed file in Bonfire. The Proposal shall be accompanied by the Proposal Security and other required documents.

ARTICLE 14 – MODIFICATION AND WITHDRAWAL OF PROPOSAL

A Proposal may be modified or withdrawn prior to the date and time established in the Proposal Documents for the receipt for proposals; however, no oral modifications will be allowed.

If a Proposer wishes to modify its Proposal prior to the submission deadline, Proposer must withdraw its initial proposal specified in Paragraph 13.01 of this Article and submit a new Proposal prior to the date and time established in the solicitation documents. Modifications shall not be allowed following the submission deadline.

If within 24 hours after Proposals are opened any Proposer files a duly signed written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Proposal, that Proposer may withdraw its Proposal, and the Proposal security will be returned.

Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies, ARTICLE 15 – OPENING OF PROPOSALS

Proposals will be opened and publicly read at the time and place specified in the Advertisement. Only the names of the Proposers will be read aloud.

ARTICLE 16 – PROPOSALS TO REMAIN SUBJECT TO ACCEPTANCE

All Proposals will remain subject to acceptance for the period of time stated in the Proposal Form, but Owner may, in its sole discretion, release any Proposal and return the Proposal Security prior to the end of that period.

ARTICLE 17 – EVALUATION OF PROPOSALS

Technical Proposals: The procedures applicable to evaluating and scoring the Technical Proposal are set forth in Article 6 of this RFP.

17.01 Price Proposals: The procedures applicable to evaluating and ranking the Price Proposals are as follows:

1. Cost Scoring Formula

L/R x P=Z where L= Price of the proposer’s response with the lowest cost (stipulated price items and design-builder's fee percent). R= Total cost of the Proposal being ranked. P= Total points available for cost scoring. Z= Assigned points.

Accounting for Technical Proposal and Price Proposal: An evaluation of the submitted information by a committee in accordance with the scoring criteria outlined in Section 6.04.

17.02 In evaluating a Proposal, Owner may consider whether the Proposal complies with the RFP and includes any prescribed documents and other data requested in the RFP.

Owner may conduct such investigations as Owner deems necessary to assist in the evaluation of any Proposal and to establish the responsibility, qualifications, and financial ability of Proposers and proposed engineers, project design professionals, construction subcontractors, suppliers, and other individuals and entities to perform and furnish the Work in accordance with the Contract Documents.

ARTICLE 18 – REJECTION OF ALL PROPOSALS; DISCREPANCIES

Owner reserves the right to reject any or all Proposals, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Proposals. Owner will reject the Proposal of any Proposer that Owner finds, after reasonable inquiry and evaluation, to not be responsible. If Proposer purports to add terms or conditions to its Proposal, takes exception to any provision of the RFP Documents, or attempts to alter the contents of the Contract Documents for purposes of the Proposal, then the Owner will reject the Proposal as nonresponsive; provided that Owner also reserves the right to waive all minor informalities not involving qualifications, price, time, or changes in the Work.

Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies, ARTICLE 19 – AWARD OF CONTRACT

If the Contract is awarded, Owner will award the Contract to the Proposer whose Proposal is in the best interests of the Project, and pursuant to the procedures set forth in this RFP.

If the contract is awarded, Owner will give Successful Proposer a Notice of Award within 90 days after the day of the Proposal opening.

ARTICLE 20 – BONDS AND INSURANCE

Article 6 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth Design-Builder’s requirements as to performance and payment bonds and insurance. When the Successful Proposer delivers the executed Agreement to Owner, it must be accompanied by the required Bonds.

ARTICLE 21 – SIGNING OF AGREEMENT

When Owner issues a Notice of Award to the Successful Proposer, it shall be accompanied by the unexecuted counterparts of the Agreement along with the other Contract Documents as identified in the Agreement. Within 15 days thereafter, Successful Proposer shall execute and deliver the required number of counterparts of the Agreement (and any bonds and insurance documentation required to be delivered by the Contract Documents) to Owner.

ARTICLE 22 – SALES AND TAXES

Proposer must include in their proposal all sales, consumer, use and other similar taxes required to be paid in accordance with the Laws and Regulations applicable during the performance of the work. Forsyth County is exempt from taxes, but the successful Proposer shall pay all taxes required of him by law.

Forsyth County cannot exempt others from tax. State Sales tax exemption number is 58-6000828.

PROPOSAL FORM

The terms used in this Proposal with initial capital letters have the meanings stated in the Request for Proposals, the

General Conditions, and the Supplementary Conditions.

ARTICLE 1—OWNER AND PROPOSER

1.01 This Proposal is submitted electronically via Bonfire.

1.02 The undersigned Proposer proposes and agrees, if this Proposal is accepted, to enter into an Agreement with

Owner in the form included in the RFP Documents to perform all Work as specified or indicated in the RFP

Documents for the prices and within the times indicated in this Proposal and in accordance with the other terms and conditions of the RFP Documents.

ARTICLE 2—ATTACHMENTS TO THIS PROPOSAL

2.01 The following documents are submitted with and made a condition of this Proposal:

A. Required Proposal Security;

B. List of Proposed Subcontractors and qualifications;

C. List of Proposed Suppliers and qualifications;

D. Proposer Qualification Information as required in RFP Documents

E. Evidence of authority to do business in the state of the Project; or a written covenant to obtain such authority within the time for acceptance of Proposals;

F. Corporate Certificate Form;

G. Non-Collusion Affidavit H. Contractor Affidavit

I. Subcontractor Affidavit;

J. All other documents as listed in the RFP Documents.

ARTICLE 3—PROPOSAL PRICE

3.01 The Price Proposal Form is submitted on a separate file in Bonfire.

ARTICLE 4—TIME OF COMPLETION

4.01 Proposer agrees that the Work will be completed as follows:

A. Preliminary Stage Work: on or before 120 days after issuance of Notice to Proceed, or sooner if required to meet the Completion Stage Work.

B. Completion Stage Work:

1. Substantially complete by October 31, 2027, and completion of remaining work by December 31, 2027, as defined in the Agreement.

4.02 Proposer accepts the provisions of the Agreement as to liquidated damages.

ARTICLE 5—PROPOSER’S ACKNOWLEDGEMENTS: ACCEPTANCE PERIOD, INSTRUCTIONS, AND

RECEIPT OF ADDENDA

5.01 Proposal Acceptance Period

A. This Proposal will remain subject to acceptance for 90 days after the Proposal opening, or for such longer period of time that Proposer may agree to in writing upon request of Owner.

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5.02 RFP

A. Proposer accepts all of the terms and conditions of the RFP, including without limitation those dealing with the disposition of Proposal security.

5.03 Receipt of Addenda

A. Proposer hereby acknowledges receipt of the following Addenda:

Addendum Number Addendum Date

ARTICLE 6—PROPOSER’S REPRESENTATIONS AND CERTIFICATIONS

6.01 Proposer’s Representations

A. In submitting this Proposal, Proposer represents the following:

1. Proposer has examined and carefully studied the RFP Documents, including Addenda, and any data and reference items identified in the RFP Documents.

2. Proposer has visited the Site, conducted a thorough visual examination of the Site and adjacent areas, and become familiar with the general, local, and Site conditions that may affect cost, progress, and performance of the Work.

3. Proposer is familiar with all Laws and Regulations that may affect cost, progress, and performance of the Work.

4. Proposer has carefully studied the reports of explorations and tests of subsurface conditions at or adjacent to the Site and the drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, with respect to the Technical Data in such reports and drawings.

5. Proposer has carefully studied the reports and drawings relating to Hazardous Environmental

Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary

Conditions, with respect to Technical Data in such reports and drawings.

6. Proposer has considered the information known to Proposer itself; and to members of Proposer’s design-build team; information commonly known to design professionals, design-builders, and contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the RFP Documents; and the Site-related reports and drawings (if any) identified in the RFP Documents or otherwise made available to Proposer, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work;

(2) the project design, (3) the means, methods, techniques, sequences, and procedures of construction to be employed by Proposer, if selected as Design-Builder; and (4) Proposer’s

(Design-Builder’s) safety precautions and programs.

7. Based on the information and observations referred to in the preceding paragraph, Proposer agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the preparation of its Proposal for performance of the Work at the prices stated and the times required, and in accordance with the other terms and conditions of the RFP Documents.

8. Proposer is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the RFP Documents.

9. Proposer has given Owner written notice of all conflicts, errors, ambiguities, or discrepancies that

Proposer has discovered in the RFP Documents, and of discrepancies between Site conditions and the RFP Documents, and the written resolution thereof by Owner is acceptable to Proposer.

10. The RFP Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.

11. The submission of this Proposal constitutes an incontrovertible representation by Proposer that

Proposer has complied with every requirement of the RFP Documents, that without exception the

Proposal and all prices in the Proposal are premised upon performing and furnishing the Work required by the RFP Documents.

6.02 Proposer’s Certifications

A. The Proposer certifies the following:

1. This Proposal is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation.

2. Proposer has not directly or indirectly induced or solicited any other Proposer to submit a false or sham Proposal.

3. Proposer has not solicited or induced any individual or entity to refrain from proposing.

4. Proposer has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph 6.02.A:

a. Corrupt practice means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the proposal process.

b. Fraudulent practice means an intentional misrepresentation of facts made (a) to influence the proposing process to the detriment of Owner, (b) to establish proposal prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition.

c. Collusive practice means a scheme or arrangement between two or more Proposers, with or without the knowledge of Owner, a purpose of which is to establish proposal prices at artificial, non-competitive levels.

d. Coercive practice means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the proposing process or affect the execution of the

Contract.

PROPOSER hereby submits this Proposal as set forth above:

Proposer:

(typed or printed name of organization)

By:

(individual’s signature)

Name:

(typed or printed)

Title:

(typed or printed)

Date:

(typed or printed)

If Proposer is a corporation, a partnership, or a joint venture, attach evidence of authority to sign.

Attest:

(individual’s signature)

Name:

(typed or printed)

Title:

(typed or printed)

Date:

(typed or printed)

Address for giving notices:

Proposer’s Contact:

Name:

(typed or printed)

Title:

(typed or printed)

Phone:

Email:

Address:

Proposer’s Contractor License No.: (if applicable)

Price Proposal Form

[legal name of Progressive Design/Builder]

[address of Progressive Design/Builder]

[federal taxpayer identification number]

A. Preliminary Stage

Progressive Design/Builder’s proposed Preliminary Stage Price, stipulated price including all costs, overhead and profit is:

________________________________________________________dollars ($_________________)

B. Completion Stage

The Progressive Design-Builder Completion Stage Fee Percentage shall include the following costs, which shall not be charged as a Cost of the Work:

a. All profit of the Design-Builder for this project phase; and

b. All regional and home office overhead expenses.

Progressive Design-Builder’s proposed fee, expressed as a percentage of the Cost of the

Work, for all Completion Stage Services is _____________%.

By submission of the Price Proposal, Progressive Design/Builder represents and warrants that the

Progressive Design/Builder has read and understands the RFP and all attachments and appendices and this

Price Proposal is made in accordance to all included requirements as stated.

Respectfully, [typed name of Design/Builder]

By: [seal]

[signature]

[typed name and title]

[address of Design/Builder]

[business telephone number]

[date of execution]

PROPOSAL SECURITY (BOND)

Proposer Surety

Name: Name:

Address (principal place of business): Address (principal place of business):

Owner RFP

Name: Forsyth County, Georgia Project (name and location):

Address (principal place of business): Big Creek Greenway Rehabilitation, Phases 2&3, 4 and Bethelview Trailhead 110 E. Main Street

Suite 210 Cumming, GA 30040

RFP Due Date:

Bond

Penal Sum:

Date of Bond:

Surety and Proposer, intending to be legally bound hereby, subject to the terms set forth in this Proposal Bond, do each cause this Proposal Bond to be duly executed by an authorized officer, agent, or representative.

Proposer Surety

(Full formal name of Proposer) (Full formal name of Surety) (corporate seal)

By: By:

(Signature) (Signature) (Attach Power of Attorney)

Name: Name:

(Printed or typed) (Printed or typed)

Title: Title:

Attest: Attest:

(Signature) (Signature)

Name: Name:

(Printed or typed) (Printed or typed)

Title: Title:

Notes: (1) Note: Addresses are to be used for giving any required notice. (2) Provide execution by any additional parties, such as joint venturers, if necessary.

1. Proposer and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to pay to Owner upon default of Proposer the penal sum set forth on the face of this Bond. Payment of the penal sum is the extent of Proposer’s and Surety’s liability. Recovery of such penal sum under the terms of this Bond will be Owner’s sole and exclusive remedy upon default of Proposer.

2. Default of Proposer occurs upon the failure of Proposer to deliver within the time required by the RFP Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the RFP Documents and any performance and payment bonds required by the RFP Documents.

3. This obligation will be null and void if:

3.1. Owner accepts Proposer’s Proposal and Proposer delivers within the time required by the RFP Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the RFP Documents and any performance and payment bonds required by the RFP Documents, or

3.2. All Proposals are rejected by Owner, or

3.3. Owner fails to issue a Notice of Award to Proposer within the time specified in the RFP Documents (or any extension thereof agreed to in writing by Proposer and, if applicable, consented to by Surety when required by Paragraph 5 hereof).

4. Payment under this Bond will be due and payable upon default of Proposer and within 30 calendar days after receipt by Proposer and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due.

5. Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by Owner and Proposer, provided that the total time for issuing Notice of Award including extensions does not in the aggregate exceed 120 days from the Proposal due date without Surety’s written consent.

6. No suit or action will be commenced under this Bond prior to 30 calendar days after the notice of default required in Paragraph 4 above is received by Proposer and Surety, and in no case later than one year after the Proposal due date.

7. Any suit or action under this Bond will be commenced only in a court of competent jurisdiction located in the state in which the Project is located.

8. Notices required hereunder must be in writing and sent to Proposer and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier, or by United States Postal Service registered or certified mail, return receipt requested, postage pre-paid, and will be deemed to be effective upon receipt by the party concerned.

9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent, or representative who executed this Bond on behalf of Surety to execute, seal, and deliver such Bond and bind the Surety thereby.

10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond will be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute governs and the remainder of this Bond that is not in conflict therewith continues in full force and effect.

11. The term “Proposal” as used herein includes a Proposal, offer, or bid as applicable.

CORPORATE CERTIFICATE FORM

CORPORATE CERTIFICATE

I, ___________________________________, certify that I am the Secretary of the Corporation named as Contractor in the foregoing proposal; that who signed said proposal on behalf of the Contractor, was then (title)_________________________ of said Corporation; that said proposal was duly signed for and on behalf of said Corporation by authority of its Board of Directors, and is within the scope of its corporate powers; that said

Corporation is organized under the laws of the State of _________________________________.

This ___________ day of ________, 20___(Signature)____________________________________

Non-Collusion Affidavit (This Affidavit is Part of the RFP Documents)

PROPOSAL DATE:

PROJECT DESCRIPTION:

STATE OF _______________ }

COUNTY OF _____________ }

__________________________________________, being first duly sworn, deposes and says that (s)he is ______________________________________ (the sole owner, a partner, the president, secretary, etc.) of ______________________________________________________ the party making the foregoing Proposal or Bid; that such Proposal is genuine and not collusive or a sham; that said Proposer has not colluded, conspired, connived, or agreed, directly or indirectly, with any Proposer or person, to put in a sham Proposal, or that such other person refrain from proposing, and has not in any manner, directly or indirectly sought by agreement or collusion, or communication or conference, with any person, to fix the Proposal Price of affiant or any other Proposer, or to fix any overhead, profit or cost element of said Proposal Price, or that of any other Proposer, or to secure any advantage against Forsyth County, or any person interested in the proposed Contract; and that all statements in said Proposal or Bid are true; and further, that such Proposer has not, directly or indirectly submitted this Proposal, or the contents thereof, or divulged information or data relative thereto, to any association or to any member or agent thereof.

Affiant: Date:

Signed and sworn to (or affirmed) before me on ___________________, 20____ by ________________________________________, Printed name(s) of individual(s) making statement who proved to me on the basis of satisfactory evidence to be the person who appeared before me.

Personally Known Or Produced Identification Type and # of ID (last 4 digits) ID Expiration Date

Notary Public

(SEAL)

My Commission Expires:

1.

CONTRACTOR AFFIDAVIT AND AGREEMENT

STATE OF GEORGIA, COUNTY OF FORSYTH

By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13- 10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of Forsyth County, Georgia, has registered with, is authorized to use, and uses the federal work authorization program commonly known as E- Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91.

Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period, and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A.