HomeMy WebLinkAboutDocumentation_Workshop_Tab 02_11/30/2015VILLAGE OF TEQUESTA
Community Development Department
To: Mayor and Village Council
Cc: Mr. Michael Cmuazm,Village Manager
From: Ni|saZacarias,,/UCP,Community Development Director
Date: 11.25.15
Ref,: Remembrance Park
Remembrance Park, a 1.76 acne parcel, is located at 483 Seabrook Road. In, 2010, the Village took ownership of
the subject property asa result ofcode enforcement |iens. Atthe time, the zoning was R-1 Single Family and the
Future Land Use Map (FLUK4) was Low Density Residential. |uZO12,the zoning and the FLUM were amended to
Recreation and Open Space designation.
In 2015, the Village issued' a Request for Proposal (RFP) for the purchase of the subject property (see attached
document). The RFP was advertised in the Palm Beach Post nnAugust 16 and 23, 2015 (see attached dmcument).
The RFP was also published on the Village's website under Bids / RFPs on August 18, 2015.
In terms of the RFP, please see the following timeline:
The Village did not receive any proposals by the September 21, 2015, deadline. Community Development (CD)did
receive two inquiries from Shay Place residents, CD provided copies of the RFP to the residents since they
receipt of questions or
9/7/15
5:00 p.m.
Village Clerk's Office
345 Tequesta Drive.
Tequesta, FL 33469
Deadline for receipt of Proposals
9/21/15
10:00 a.m.
Village Clerk's Office
345 Tequesta Drive.
Tequesta, FL 33469
Proposal evaluation by Selection
9/23/15
10:00 a.m.
Village Council Meeting Room
Committee
345 Tequesta Drive.
Tequesta, FL 33469
Village Council Meeting to Approve
10/8/15
6:00 p.m,
Village Council Meeting Room
Selected Proposer and to Initiate
34S Tequesta Drive.
Contract Negotiations
Tequesta, FL 33469
Village Council Approval of Contract
12/10/15
6:00 p.m.
Village Council Meeting Room
with Selected Proposer
345 Tequesta Drive.
Tequesta, FL 33469
Closing on Property
February/16
TBD
TBD
The Village did not receive any proposals by the September 21, 2015, deadline. Community Development (CD)did
receive two inquiries from Shay Place residents, CD provided copies of the RFP to the residents since they
Village of Tequesta
Request for Proposal's
Purchase of
483 Seabrook Road'
Sealed proposals for the Purchase of the 483 Seabrook Road Site must be delivered to
the Village of Tequesta, Florida at the Village Clerk's Office, located at 345 Tequesta
Drive, Tequesta, Florida 33469, no later than10:001 a.m, local time, on September 21,
2015, at which time they will be opened publicly and the names of the Proposers
responding to the solicitation will be read aloud. Proposals received after 10-00 a.m.
will be placed in the file unopened and will not be considered. The envelope containing
the Proposal must be sealed and plainly marked "Purchase Proposal for the 483
Seabrook Road Site". Opening date: "September 21, 2015" on the face thereof.
"RFP" documents can be downloaded at wwwte_que or or picked up at the at the
Village Clerk's Office, located at 345 Tequesta Drive, Tequesta, Florida 33469.
Additionally, documents supporting; land use designations for the 483 Seabrook Road
Site can be downloaded at www,teciuesta.org. The Village reserves the right, in its sole
and absolute discretion, to accept or reject any and all Proposals and to waive any
minor technicalities or irregularities therein. The Village further reserves the right to
award the sale to that Proposer whose Proposal best complies with the proposed
specifications and will best further the interest of the Village or be the most
advantageous to the Village, or to cancel the RFP and re -advertise in the future. Once
opened, proposals will be sent to the Village appointed selection committee for
evaluation and ranking at a publicly noticed meeting. Award will be by means of a
written agreement with the selected Proposer. Proposer must submit one (1) unbound
original and three (3) copies of the complete Proposal.
In accordance with F.S. 287.133 (2) (a), persons and affiliates who have been placed
on the convicted vendor list may not submit proposals, contract with, or perform, work
(as a contractor, supplies, subcontractor or consultant) with any public entity (i.e. Village
of Tequesta) in excess of Thirty-five Thousand Dollars (or such other amount as may be
hereafter established by the Florida Division of Purchasing in accordance with F.S.
287.017) for a period of 36 months from the date of being placed on the convicted
vendor list.
Published In Palm Beach Post: August 16, 2015.
August 23, 2015
Village of Tequesta
Village Mayor and Council
Abigail Brennan, Mayor
Vince Arena, Vice Mayor
Frank D'Ambra, Councilman
Steve Okun, Councilman
Tom Paterno, Councilman
Village Manager
Michael Couzzo
Director of Community Development
Nilsa Zacarias, AICP
ARM
•
345 Tequesta Drive, Tequesta, FL 33469
(561) 768-0440 2 768-0697 lmcwjlliams@t@%jesta.o
Village of Tequesta
Request for Proposals
Purchase of
483 Seabrook Road Site
TABLE OF CONTENTS
DESCRIPTION PAGE NUMBER
Tableof Contents............................................................................................................ 2
Advertisement................................................................................................................. 3
Instruction to Proposers..............................................................................................4-20
Legal Description and Site Photograph (Attachment 1) .................................................21
Required Proposal Forms (Attachment 2)..................................................................... 22
A. Proposal Cover Sheet..................................................................................23-24
B. Sworn Statement—Public Entity Crimes......................................................25-25
C. Drug Free Workplace........................................................................................ 26
Proposed Notice of Award (Attachment 3).................................................................... 28
Conceptual Development Plan for Site (Attachment 4) ................................................. 29
Village of Tequesta
Request for Proposals
Purchase of
483 Seabrook Road
Sealed proposals for the Purchase of the 483 Seabrook Road Site must be
delivered to the Village of Tecluesta, Florida at the Village Clerk's Office, located
at 345 Tecluesta. Drive, Tecluesta, Florida 33469, no later than10:00 a.m. local
time, on September 21, 2015, at which time they will be opened publicly and the
names of the Proposers responding to the solicitation will be read aloud.
Proposals received after 10:00 a.m. will be placed in the file unopened and will
not be considered. The envelope containing the Proposal must be sealed and
plainly marked "Purchase Proposal for the 483 Seabrook Road Site".
Opening date: "September 21, 2015" on the face thereof, "RFP" documents
can be downloaded at www.teciuesta,org or picked up at the at the Village Clerk's
Office, located at 345 Tecluesta Drive, Tecluesta, Florida 33469. Additionally,
documents supporting land use designations for the 483 Seabrook Road Site can
be downloaded at www.teguegg.org, The Village reserves the right, in its sole
and absolute discretion, to accept or reject any and all Proposals and to waive
any minor technicalities or irregularities therein. The Village further reserves the
right to award the sale to that Proposer whose Proposal best complies with the
proposed specifications and will best further the interest of the Village or be the
most advantageous to the Village, or to cancel the RFP and re -advertise in the
future. Once opened, proposals will be sent to, the Village appointed selection
committee for evaluation and ranking at a publicly noticed meeting. Award will
be by means of a written agreement with the selected Proposer. Proposer must
submit one (1) unbound originaland three (3) copies of the complete Proposal.
In accordance with F.S. 287.133 (2) (a), persons and affiliates who have been
placed on the convicted vendor list may not submit proposals, contract with, or
perform work (as a contractor, supplies, subcontractor or consultant) with any
public entity (i.e. Village of Tecluesta) in excess of Thirty-five Thousand Dollars
(or such other amount as may be hereafter established by the Florida Division of
Purchasing in accordance with F.S. 287.017) for a period of 36 months from the
date of being placed on the convicted vendor list.
Published In Palm Beach Post: August 16, 2015.
August 23, 2015
3
Village of Tequesta
Request for Proposals
Purchase of
483 Seabrook Road Site
INSTRUCTION TO PROPOSERS
SECTION 1
GENERAL INFORMATION
OVERVIEW:
The 483 Seabrook Road Site:
The Village of Tequesta, a municipal corporation organized under the laws of the
State of Florida (hereinafter the "Village"), invites proposals from
builders/developers for the purchase of one (1) parcel of land from the Village
informally known as the "483 Seabrook Road Site" (abbreviated herein as the
"Site" or the "Property"). This Site is depicted on Attachment 1.
The Site consists of 1.78 acres and is located on the west side of Seabrook
Road, approximately four (4) blocks north of Tequesta Drive. The Site has a land
use designation of Recreation and Open Space. The Site is zoned for
recreation/open space, but is also adjacent to R-1 and R-2 zoned residential
property. The Village desires to sell the property to the most qualified real estate
builder/developer for the purpose of developing it into a residential area
compatible with surrounding areas.
Please carefully review all of the enclosed documents. Proposals must comply
with all of the submission requirements detailed in the RFP to be eligible for
consideration. Proposals must contain a proposed purchase price for the 483
Seabrook Road Site and a clear and definitive development plan that responds to
all of the RFP requirements.
Proposals are due no later than 10:00 a.m. on September 21, 2015, and must be
delivered to the Village Clerk's Office, located at 345 Tequesta Drive, Tequesta,
Florida 33469.
The Village welcomes responsive proposals and looks forward to working with a
builderldevelopment team to realize the Village's goal of transforming the 483
Seabrook Road Site into a residential development compatible with the
surrounding neighborhood areas.
4
PROPERTY INFORMATION SHEET FOR 483 Seabrook Road Site
PROPERTY: 483 SEABROOK ROAD
LOCATION: FRONTING ON SEABROOK ROAD, APPROXIMATELY 4
BLOCKS NORTH OF TEQUESTA DRIVE,
INCORPORATED WITHIN THE VILLAGE OF TEQUESTA,
PALM BEACH COUNTY, FLORIDA.
OFFERING: TOTAL OF 1.76 +1- GROSS ACRES.
LAND USE: LAND USE OF RECREATION/OPEN SPACE
ZONING: CURRENTLY R/OS (RECREATION/OPEN SPACE)
THE SELECTED PROPOSER WILL BE REQUIRED TO
APPLY FOR A REZONING OF THE PROPERTY.
THE PROPERTY IS ADJACENT TO BOTH R-1 AND R-2
ZONING.
CONCEPTUAL
SITE PLAN: SEE CONCEPTUAL SITE PLAN (ATTACHMENT 4).
THE SITE PLAN ATTACHED IS CONCEPTUAL IN
NATURE. THE PROPOSER MAY PROPOSE TO DO LESS
UNITS OR A DIFFERENT CONFIGURATION. THIS
CONCEPTUAL PLAN IS FOR PLANNING PURPOSES
ONLY AND THE FINAL APPROVED PLAN IS TO BE
DETERMINED BY THE VILLAGE COUNCIL AFTER THE
SELECTED PROPOSER COMPLETES ALL REQUIRED
APPLICATION AND PUBLIC HEARING PROCESSES.
UTILITIES: PROVIDED TO THE SITE VIA SEABROOK ROAD. WITH
SUFFICIENT CAPACITY TO SERVE THE SITE.
SCHOOLS: JUPITER ELEMENTARY
JUPITER MIDDLE SCHOOL
JUPITER COMMUNITY HIGH SCHOOL
WORKFORCE
HOUSING UNITS
REQUIREMENT: NONE (NOT IN UN -INCORPORATED PALM BEACH
COUNTY)
5
TRAFFIC
CONCURRENCY
TERMS OF SALE:
THE PROPERTY MEETS FULL CONCURRENCY
STANDARDS.
PRICE: Unpriced RFP Offering
TERMS: All Cash Bulk Closing
DEPOSITS: 1. INITIAL GOOD FAITH REFUNDABLE DEPOSIT UPON
SIGNING OF THE PURCHASE CONTRACT.
2. ADDITIONAL DEPOSIT AT THE END OF THE
INSPECTION PERIOD SHOULD BUYER DECIDE TO
PROCEED UNDER THE CONTRACT, AT WHICH TIME
BOTH THE INITIAL GOOD FAITH DEPOSIT AND THE
ADDITIONAL DEPOSIT SHALL BE COMBINED AND
BECOME AT RISK AND NON-REFUNDABLE TO THE
BUYER, SUBJECT ONLY TO THE REMAINING
CONDITIONS TO CLOSE AS IDENTIFIED IN THE
CONTRACT (LE. ZONING AND SITE PLAN APPROVAL)
INSPECTION PERIOD: TO BE NEGOTIATED
CLOSING: 10 Days After Buyer Obtains Final Non -Appealable Zoning Approvals.
The Village Will Not Be Responsible for Any Closing Costs. All Closing Costs to
Be Paid By Buyer.
Any outside broker or Buyer's broker shall be compensated by the Buyer.
The Village shall not be responsible for compensating any outside broker
or Buyer's broker.
EXISTING PHYSICAL CONDITIONS: The Village is offering the Site in an "as -is"
condition. The successful Proposer will be required to acknowledge and agree
that the Village makes no warranties or representations of any kind or nature
concerning the condition of the Site including but not limited to the subsurface
soils, groundwater, site contamination or hazardous waste, or fitness for
Proposer's intended use of the Property, and the Proposer has not relied on any
warranties or representations of any kind from the Village, or its agents and
representatives, in completing the purchase of the Property unless specifically
provided for in the contract.
on
The Buyer may choose to purchase title insurance and survey updates to meet
Buyer's needs. All testing, inspections and/or other non-invasive due diligence
shall be at the sole cost and expense of the prospective Buyer.
During the due diligence period, the successful Proposer shall have site access
to conduct environmental site assessments, including sampling and testing of the
soils, sediments and groundwater, and/or for the presence of asbestos-
containing materials (AGMs).
EXISTING ENTITLEMENTS: The actual development of the 483 Seabrook Road
Site will require various development approvals and permits. Each Proposer to
the RFP is responsible for determining which approvals and permits will be
required for the development of the Site. The successful Proposer, at its sole
cost and expense, shall be responsible for acquiring all required development
approvals (i.e. land use, zoning and site plan approvals), permits and licenses,
from all agencies with jurisdiction, including, but not limited to, the Village, Palm
Beach County, the State of Florida, federal agencies, and all public utilities.
Additionally, all improvements must comply with all applicable building, fire,
zoning, health and other code requirements.
The anticipated schedule and deadline of the RFP and Contract approval are as
follows:
7
ACTIVITY
DATE
TIME
PLACE
Deadline for
917115
5:00 p.m.
Village Clerk's Office
receipt of
345 Tequesta Drive.
questions or
Tequesta, FL 33469
comments
Deadline for
9121115
10:00 a.m.
Village Clerk's Office
receipt of
345 Tequesta Drive.
Proposals
Tequesta, FL 33469
Proposal
9123115
10:00 a.m.
Village Council Meeting
evaluation by
Room
Selection
345 Tequesta Drive.
Committee
Te uesta, FL 33469
Village Council
1018115
6:00 p.m.
Village Council Meeting
Meeting to
Room
Approve Selected
345 Tequesta Drive.
Proposer and to
Tequesta, FL 33469
Initiate Contract
Negotiations
Village Council
12110115
6:00 p.m.
Village Council Meeting
Approval of
Room
Contract with
345 Tequesta Drive.
Selected Proposer
Te uesta, FL 33469
Closing on
February/16
TBD
TBD
Property
NOTE: The Village reserves the right to alter the above activities and/or times at
the Village's sole discretion. The contract start date will be contingent upon
Village Council approval.
ENTERING PROPOSALS:
All proposals must be sent on 8Y2x11 inch paper. All proposals must be printed
in ink or typewritten. No erasures permitted. Errors may be crossed out and
corrections printed in ink or typewritten adjacent to the correct error. All
corrections must be initialed by the person authorized to sign the Proposal.
One (1) unbound original and three (3) copies of the complete proposal must be
received in the Village Clerk's Office, located at 345 Tequesta Drive, Tequesta,
FL 33469 no later than 10:00a.m. local time, September 21, 2015. The original
and all copies must be submitted in a sealed envelope. The Proposer's complete
return address must be included on the outer envelope or wrapper enclosing any
materials submitted in response to this RFP. The outer envelope or wrapper
should be addressed as follows:
8
Proposer Name
Address
Phone Number
Village Address Village of Tequesta Clerk's Office
345 Tequesta Drive
Tequesta, Florida 33469
Title- Purchase Proposal for the 483 Seabrook Road
Site
Opening Date: September 21, 2015 @10:00 a.m. local time.
Hand -carried proposals may be delivered to the above address ONLY between
the hours of 8:30 a.m. and 5:00 p.m., Monday through Friday, excluding holidays
observed by the Village. Proposals by telephone, telegram, email or facsimile
SHALL NOT be accepted.
Proposers are responsible for informing any commercial delivery services, if
used, of all delivery requirements and for insuring that the required address
information appears on the outer wrapper or envelope used by such service.
The Village shall in no way be responsible for delays caused by any occurrence.
The Proposal must be signed by the individual or authorized signatory of the
entity who is legally authorized to enter into a contractual relationship in the
name of the Proposer (Authorized Representative), and the Proposer must affix
their company's corporate seal, if applicable, to the document. In the absence of
a corporate seal, proposals must be notarized by a Notary Public.
CONTACT PERSON:
The contact person for the RFP is Nilsa Zacarias, Village Community
Development Director, 345 Tequesta Drive, Tequesta, FL 33469, at (561) 768-
0457, or at nzacarias tegugsta.org.
- ff� _
For information concerning RFP procedures and regulations (i.e. submission
deadline, forms required), or Americans with Disabilities (ADA) accommodations,
interested parties may contact Lori McWilliams in the Village Clerk's Office, at
(561) 768-0443 or at Imcwi[1ian§jgte4gesta.grg.
REQUESTS FOR INFORMATIONIAMENDMENT(S):
Any questions, requests for interpretation, and/or comments (i.e. additional
information or clarifications) must be made no later than September 7, 2015 at
5:00 p.m., to the Contact Persons listed above. If in writing, the request must
contain the Proposer's name, address, phone number, facsimile number and e-
mail address.
9
Changes to this RFP, when deemed necessary by the Village, will be completed
only by written Amendment(s) issued prior to the Deadline for receipt of
proposals. Proposers should not rely on any representations, statements or
explanations other than those made in the RFP or in any Amendment to the
RFP. Where there appears to be a conflict between the RFP and any
Amendment issued, the last Amendment issued shall prevail.
Amendments to this RFP will be posted on the Village of Tequesta website:
www.teguesta.org under "Request for Proposals" as they are issued. It is the sole
responsibility of the Proposers to routinely check this website for any
Amendments prior to the Deadline for receipt of proposals. The Village of
Tequesta shall not be responsible for the completeness of any RFP package not
downloaded from this website. Each amendment to the RFP shall be signed by
an authorized representative and shall be submitted with the proposal, or the
proposal shall be deemed non-responsive.
• 2
GEUETAL TETI,
PROPOSAL GUARANTEE:
Proposer guarantees their commitment, compliance, and adherence to all
requirements of the RFP by submission of their proposal.
Proposals and/or modifications to proposals received after the Deadline for
receipt of proposals specified in RFP Timetable are late and shall not be
considered,
RFP POSTPONEMENT/CANCELLATION/ACCEPTANCE/REJECTION:
The Village may award a contract on the basis of initial offers received, without
discussions. Therefore, each proposal should contain the Proposer's best price
and technical offer.
The Village may, at its sole and absolute discretion, reject any and all, or parts of
any and all, proposals; waive any minor technicalities or irregularities in this RFP
or in the proposals received as a result of this RFP, postpone or cancel, at any
time, this RFP process; or re -issue this RFP. The Village also reserves the right
to make an award to that Proposer who, in the sole opinion of the Village, will be
in the best interest of and/or the most advantageous to the Village. The Village
10
also reserves the right to reject any Proposals of any individual or company who
has previously failed in the proper performance of an award or to deliver on time
contracts of a similar nature or who, in the sole opinion of the Village, is not in a
position to perform properly under this award.
COSTS INCURRED BY PROPOSERS:
All expenses incurred with the preparation and submission of proposals to the
Village or any work performed in connection therewith, shall be borne by the
Proposer. No payment will be made for proposals received, or for any other effort
required of or made by the Proposers, prior to commencement of work as
defined by a contract approved and executed by the Village.
PROPRIETARY INFORMATION:
Please note that the Village will be utilizing the exemption from the Public
Records Law contained in F.S. § 119.071(1)(b) regarding sealed proposals
received as part of a competitive solicitation. Proposers are hereby notified that
all information submitted as part of, or in support of, proposals will not be
available for public inspection and copying before and after opening of proposals
until such time as the Village provides notice of an intended decision or until 30
days after the opening of the proposals, whichever is earlier, in compliance with
Chapters 119 and 286, Florida Statutes, popularly known as the "Public Records
Law" and the "Government in the Sunshine Law" respectively.
Please further note that in accordance with F.S. § 119.071(1)(b), if the Village
rejects all proposals submitted in response to the competitive solicitation, and
concurrently provides notice of its intent to reissue the competitive solicitation,
the rejected proposals shall remain exempt from public inspection and copying
until such time as the Village provides notice of an intended decision concerning
the reissued competitive solicitation or until the Village withdraws the reissued
competitive solicitation. A proposal shall not be exempt for longer than 12
months after the initial Village notice rejecting all proposals.
PALM BEACH COUNTY OFFICE OF THE INSPECTOR GENERAL:
Pursuant to Ordinance No. 2009-049, Palm Beach County has established the
Office of the Inspector General, which is authorized and empowered to review
past, present and proposed Village contracts, transactions, accounts and
records. All contractors and parties doing business with the Village or receiving
Village funds shall fully cooperate with the Inspector General. The Inspector
General has the power to subpoena witnesses, administer oaths, require the
production of records, and to audit, investigate, monitor, and inspect the activities
of the Village as well as all parties doing business with the Village and their
officers, agents, employees, and lobbyists in order to ensure compliance with
contract specifications and to detect waste, corruption and fraud.
11
RULES; REGULATIONS; LICENSING REQUIREMENTS:
The Proposer shall comply with all laws, ordinances, and regulations applicable
to the purchase, sale and development of the 483 Seabrook Road Site, including,
but not limited to, those applicable to conflict of interest, non-discrimination and
public entity crimes as outlined in more detail below. Proposers are presumed to
be familiar with all federal, state and local laws, ordinances, codes and
regulations that may, in any way, affect the purchase, sale and development of
the Site. Lack of knowledge by the Proposer shall in no way be a cause for relief
from responsibility.
Conflict of Interest: The award is subject to provisions of state statutes, county
and Village ordinances and charter. All Proposers must disclose with the
Proposals the name of any officer, director, member or agent of Proposer who is
also an employee, appointed official or elected official of the Village of Tequesta.
Further, all Proposers must disclose the name of any Village employee,
appointed official or elected official who owns, directly or indirectly, an interest of
five percent (5%) or more in the Proposer's business entity or any of its
branches.
Non-discrimination: Proposers doing business with the Village are prohibited
from discriminating against any employee, applicant or client because of race,
creed, color, national origin, sex or age with regard to, but not limited to, the
following employment practices, rates of pay or other compensation methods and
training selection.
Public Entity Crime Statute: In compliance with Florida Public Entity Crime
Statute (Section 287.132-133, Florida Statutes), attached State Form #PUR7068
should be fully executed, notarized and submitted with Proposals. No award will
be executed with any person or affiliate identified on the Department of General
Services "convicted vendor" list. This list is defined as consisting of persons and
affiliates who are disqualified from public contracting and purchasing process
because they have been found guilty of a public crime. No public entity shall
award any contract to, or transact any business in excess of the threshold
amount provided in Section 287.017. Florida Statutes for Category TWO
(currently $35,000) with any person or affiliate on the "convicted vendor" list
unless that person or affiliate has been removed from the list pursuant to Section
287.133(3)(f) Florida Statutes.
State Licensing Requirement: All entities seeking to do business with the Village
shall be on file and in good standing with the State of Florida's Department of
State.
12
ASSIGNMENT OR TRANSFER:
The selected Proposer shall be prohibited from assigning, transferring,
conveying, or otherwise disposing of its responsibilities under this RFP, the
contract for purchase, or its rights, title or interest therein to any person,
company, corporation or partnership without prior written notice to the Village and
consent and approval by the Village Council unless such assignment, transfer,
conveyance or other disposition is to a single -purpose entity created by the
Proposer to take title to the Site. Any single -purpose entity created by the
Proposer shall be majority -controlled by and affiliated with the Proposer. The
Village has the sole discretion to reject or not consent to any contemplated
assignment, transfer, conveyance or other disposition that is not to a single -
purpose entity described herein.
SELECTION COMMITTEE PROCESS:
A Selection Committee, consisting of Village personnel, will convene, review and
evaluate all responses to the RFP. The Selection Committee will review the
Proposals to ensure that the Proposals submitted are both responsible and
responsive. Responsible Proposers are those that possess the required
qualifications to perform the required scope of services and work. A Responsive
proposal is one which contains the appropriate signatures as required on each
document, has been submitted by the specified submission time, is submitted in
the format outlined in the RPF, and has provided the information required to be
submitted with the proposal.
Proposals deemed to be non-responsive will be rejected without being evaluated
by the Village. While poor formatting, poor documentation, and/or incomplete or
unclear information may not be cause to reject a proposal without evaluation,
such substandard submissions may adversely impact the evaluation of your
proposal. Proposers who fail to comply with all of the required and/or desired
elements of this RFP do so at their own risk.
The Selection Committee may evaluate all proposals based solely on the
information submitted with the proposal. Accordingly, Proposers are urged to
ensure that their proposal contains all the necessary information for the Selection
Committee to fairly and accurately evaluate each of the criteria listed below.
However, an oral presentation, additional written information, internal staff
analysis, Proposer presentations, outside consultants, and/or any other
information may be required, at any time during the selection process, to help the
Committee determine the final ranking of proposers. The Selection Committee
may determine, as the result of additional information that the impact of the
information is significant and may be considered in the scoring and/or ranking, at
the discretion of the Committee.
13
The Selection Committee shall meet in public session as necessary to review
each proposal against the evaluation criteria listed below. Upon completion of the
Selection Committee's review and discussion of all the responsive proposals
submitted, each Selection Committee Member shall score each proposal and
total the scores for each proposal. The Selection Committee Members shall use
the specific evaluation criteria and their respective assigned weights for purposes
of scoring the proposals, as defined below. Each Committee Member shall
review each proposal specifically noting the level of detail given to criteria and
assign a numerical score accordingly. The proposals shall be assigned a ranking
based upon the totals of each Selection Committee Member's score for each
proposal. As indicated below, price will be factor considered, but it will not be the
only factor used in determining the ability of the Proposer to achieve the goals for
the Village regarding the sale and development of the Site.
After the Selection Committee has developed an overall ranking for each
Proposer, the Committee will then review, discuss, and declare the Proposer
ranked the highest as its "finalist" and make its recommendations to the Village
Council regarding selection of this Proposer for contract negotiations.
SELECTION COMMITTEE EVALUATION CRITERIA:
The Proposer who has the best qualifications, experience, references and ability
to comply with the specifications in this RFP as determined by the Selection
Committee shall receive the most points in this section.
The primary criteria for evaluation are each assigned a point value based on
relative importance. These criteria include:
14
Evaluation Criteria
Weighting
(Max.
Points
1
Price that is most advantageous to the Village
40
will receive the most points
2
Other contract terms and conditions that are the most
25
advantageous to the Village will receive the most points (i.e.
closing date, deposits, contingencies)
3
Proposer's Development Plan and Consistency of Plan with
25
Village's Goals for Site
4
Proposer's Experience/ Qualifications/ Background (including other
10
proposed key team members and agents, if any)
Maximum Total Points 100
100
14
AWARD OF CONTRACT:
The award, if any, will be made to the Proposer(s) whose proposal is considered
to best further the interest of the Village and/or be the most advantageous to the
Village based on the Village's opinion after review of every responsible,
responsive proposal including, but not limited to, price.
The Proposer understands that this RFP does not constitute an agreement or a
contract between the Village and the Proposer. An official contract or agreement
is not created or binding on the Village until it is reviewed and approved by the
Village Council, and executed by all parties. The successful Proposer further
understands that it shall have no vested rights, nor title or interest in the property
or in the development proposed thereon until such time as the contract is
approved by the Village Council and is fully executed, and then only in the
manner stipulated within the contract.
The Village anticipates entering into a contract with the first selected Proposer
within sixty (60) days after selection has been made. The Village may set a
different starting date for the contract. The Village will not be responsible for any
work done by the Proposer, even work done in good faith, if it occurs prior to the
contract date set by the Village.
Upon selection, the first selected Proposer shall enter into contract negotiations
based on the Proposal and shall diligently meet with Village representatives for
the next sixty (60) days for such purposes unless the negotiation period is
otherwise extended by the Village Council. If the Village and the selected
Proposer cannot agree and execute a contract within sixty (60) days after
selection, the Village may, in its sole discretion, elect to continue negotiations
with the first selected Proposer for an additional specified period of time as
determined by the Village Council, terminate negotiations with the first selected
Proposer, negotiate with the next most advantageous submittal selected by the
Village Council who confirms in writing a willingness to negotiate a contract with
the Village based upon its Proposal previously submitted, terminate all
negotiations and cancel the RFP, or issue a new solicitation. No Proposer shall
have any rights against the Village arising from such negotiations or the failure to
enter into a contract.
If negotiations are successful, then the contract will be submitted to the Village
Council for final approval, and the transaction will be closed in accordance with
the terms of the contract.
REQUIRED CONTRACT PROVISIONS:
The selected Proposer will be required to execute a contract with the Village that
contains, at a minimum, the provisions outlined below. The Proposer's signature
15
on the Proposal shall serve as an acknowledgement that the Proposer is willing
to enter into a contract that contains these terms.
A. Incorporation: This Request for Proposals, including all general and
specific terms and conditions and all required Proposal forms, and the
selected Proposal shall be attached to and incorporated into the final
contract.
B. Indemnification/Sovereign Immunity: The parties to this contract and their
respective officers and employees shall not be deemed to assume any
liability for the acts, omissions, or negligence of the other party or for any
third party. Each party shall be responsible for its own actions, acts,
errors, omissions, misfeasance, malfeasance, and/or negligence occurring
in association with the parties' obligations under and pursuant to this
contract, and shall hold harmless and indemnify the other party against
damages, expenses, penalties and attorneys' fees and costs through all
levels of appeal arising from same, except that Seller's indemnification of
Buyer shall not exceed the sum of $200,000.00 for any one claimant or
$300,000.00 for any one claim or occurrence, and shall in no way include
indemnification for punitive damages or interest for the period before
judgment. Nothing contained in this contract shall be deemed a waiver of
the Village's Sovereign Immunity as set forth at Florida Statutes, Section
768.28.
C. Governing Law and Venue: The contract shall be governed by Florida law
and the sole venue for any action under the contract shall be Palm Beach
County, Florida.
D. Inspector General: Pursuant to Article XII of the Palm Beach County
Charter, the Office of the Inspector General has jurisdiction to investigate
municipal matters, review and audit municipal contracts and other
transactions, and make reports and recommendations to municipal
governing bodies based on such audits, reviews or investigations. All
parties doing business with the Village shall fully cooperate with the
inspector general in the exercise of the inspector general's functions,
authority and power. The inspector general has the power to take sworn
statements, require the production of records and to audit, monitor,
investigate and inspect the activities of the Village as well as all parties
doing business with the Village, their officers, agents, employees, and
lobbyists in order to detect, deter, prevent and eradicate fraud, waste,
mismanagement, misconduct and abuses.
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CONDITIONS PRECEDENT TO CLOSING:
All proposed conditions precedent for the proposed contract terms shall be
evaluated by the Selection Committee in accordance with the evaluation criteria
outlined above.
In the event that a condition precedent requires action by the Village Council or
other Village board, including rezoning or other legislative or quasi-judicial action,
the Proposer shall be solely responsible for completing the application and all
other requirements for such action as set forth in state law and the Village's Code
of Ordinances. The Village shall not suffer any penalty or claim from the
proposer in the event that the rezoning or other formal action is not approved.
Proposals shall not contain contingencies rellatinq to the obtaining of
financing.
OWNERSHIP OF DOCUMENTS:
Any and all documents, records, disks, original drawings, or other information
generated or created by Proposer and given to the Village as part of, or in
support of, its Proposal shall become the property of the Village for the Village's
use and/or distribution as may be deemed appropriate by the Village.
SECTION 3
SPECIFIC TERMS AND CONDITIONS
(PROPOSAL CONTENT REQUIREMENTS)
Proposal Cover Sheet
Proposals shall contain a fully executed proposal cover sheet.
Table of Contents
Proposals should contain a Table of Contents. The Table of Contents should
outline in sequential order all of the areas of the proposal as it allows for clarity
and ease of review of the proposal.
Letter of Transmittal
Proposals should contain a Letter of Transmittal addressed to Michael Couzzo,
Village Manager, and should, at a minimum, contain the following:
a. Identification of Proposer, including name, address and telephone
number.
b. Name, title, address, telephone number, fax number and e-mail address of
contact person during period of proposal evaluation.
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c. Signed by a person authorized to bind Proposer to the terms of the
proposal.
Please note that Proposers must have the requisite expertise, experience,
financial and management capability to develop the residential community at the
Site.
Technical Proposal
Proposals shall contain all of the documents and requested information listed
below, each fully completed, signed, and notarized as required. Failure of a
Proposer to provide the required information is considered sufficient cause to
deem the proposal non-responsive.
Notwithstanding these proposal requirements, the Village reserves the right, at its
sole discretion, to waive any minor technicality or irregularity relating to the
proposal. Upon request, it shall be the responsibility of the Proposer to address
the determined minor technicality or irregularity within a time frame specified by
the Village (normally two working days of request). Failure of a Proposer to
provide the required information within the specified time frame is considered
sufficient cause to deem the proposal as non-responsive.
Each of the following requirements should be addressed in separate
sections of the proposal.
PURCHASE PRICE:
Proposer shall provide a specific purchase price for the 483 Seabrook Road Site.
OTHER CONTRACT TERMS AND CONDITIONS:
Proposer shall outline any required contract terms and conditions for the
purchase of the 483 Seabrook Road Site (i.e. deposit amounts, inspection
periods, conditions precedent and any other contingencies).
DEVELOPMENT PLAN:
The Proposer shall provide in their Proposal a development plan that will meet
the expectations of the Village as outlined in the Conceptual Development Plan
for the 483 Seabrook Road Site (Attachment 4). Each Proposer shall:
Provide a detailed description of the proposed development, including,
but not limited to, the proposed rezoning for the Site, the types of
residences to be constructed, the proposed number of units, square
footages of various uses, how the proposed development is compatible
with the surrounding residential communities etc.
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2. Provide a conceptual site plan and narrative that demonstrates
substantial compliance with the Village's Code of Ordinances and that
will advance the Village's stated goals and objectives for the Site.
3. Provide a narrative accompanied by a graphic timeline or schedule
detailing all phases of the development including builder/developer due
diligence, planning and design, anticipated development applications,
permitting and marketing. The purpose of this narrative is to provide
the Village with an estimated timetable for completion of the
development.
4. Provide a conceptual architectural rendering or illustration of the
proposed project to help illustrate how the proposal meets the Village's
goals and objectives for the Site.
EXPERIENCE/QUALIFICATION/BACKGROUND:
Narrative as to Experience:
Proposals shall include a narrative or outline that provides sufficient detail to
describe the Proposer's, and its development team/consultants' past experience
in the development of projects of similar scope and complexity as the 483
Seabrook Road Site.
Comparable Projects:
Proposers shall identify at least three (3) comparable completed projects in which
the Proposer has been involved within the last ten (10) years. For each project
identified, provide the following:
• Description of project and how it compares to the 483 Seabrook Road Site
(i.e. size, location, site plan, housing types constructed, architectural
design features/elevations)
• Construction completion date
Recent Litigation:
The Proposer shall address whether it has been involved in any litigation or
arbitration regarding a real estate venture or with a governmental entity during
the past five (5) years. In the explanation, include information regarding the
parties involved in the litigation or arbitration, the nature of the litigation or
arbitration (i.e. contract dispute, foreclosure, bankruptcy, or fines levied by a
governmental agency), and the outcome of such litigation or arbitration.
OTHER REQUIRED FORMS:
Proposers are required to submit with their proposal an executed (1) Sworn
Statement for Public Entity Crimes, and (2) a Drug Free Workplace Certification.
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Failure to fully complete the appropriate forms may result in disqualification of
your proposal as being non-responsive.
ADDITIONAL INFORMATION:
Information considered by the Proposer to be pertinent to this project and which
has not been specifically solicited in any of the aforementioned sections may be
placed in a separate appendix section.
rf7
Village of Tequ�esta
Request for Proposals
Purchase of 483 Seabrook Road Site
Legal Description & Location Map
Attachment 1
Site Location
ADDRESS: 4,83 Seabrook Road, Tequesta, FL 33469
PCN: 60-42-40-25-00-000-5140
SIZE: 1.7567 acres
LEGAL DESCRIPTION: 25-40-42, N 130 FT OF W 635 FT OF NE 1/4 OF SE 1/4 (LESS ELY 46.04
FT SEABROOK RD R/W)
21
Village of Tequesta
Request for Proposals
Purchase of 483 Seabrook Road Site
Required Proposal Forms
Attachment 2
Exhibit A: Proposal Cover Sheet
Exhibit B: Sworn Statement—Public Entity Crimes
Exhibit C: Drug Free Workplace
22
EXHIBIT A
PROPOSAL COVER SHEET
Purchase of 483 Seabrook Road Site
TO: Village of Tequesta
345 Te uesta Drive
Tequesta, FL 33469
PROPOSAL of:
(Company Name as It Is to Appear on Agreement)
Proposer is [ ] an individual, [ ] a partnership, [ ] a corporation, [ ] a limited
liability company (please mark appropriate box), duly organized under the laws
of the State of Florida.
TAXPAYER IDENTIFICATION NUMBER:
Employer I.D. No.
PRINCIPAL OFFICE ADDRESS OF PROPOSER:
Street Address
City
(Corporation or Partnership)
State Zip Code
Telephone FAX
The Proposer certifies the following by signing below:
County
1. The undersigned, having carefully read and considered the Request for
Proposals for the Purchase of the 483 Seabrook Road Site does hereby
offer to purchase such site, in the manner described and subject to the
terms and conditions set forth in the attached proposal.
2. This proposal is current, accurate, complete, and is presented to the
Village of Tequesta in accordance with all the requirements as stated in
this Request for Proposal.
3. The Proposer understands that the Village reserves the right to reject any
and all Proposals at any time, for any reason, prior to the execution of a
Purchase and Sale Agreement.
4. The Proposer understands that the Village Council must approve the
Purchase and Sale Agreement for purposes of consummating the
transaction. No proposal shall be deemed binding on the Village until the
Purchase and Sale Agreement is fully executed by the parties.
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BY:
(Signature of Authorized Representative)
PRINT NAME:
TITLE:
Please affix corporate seal if available or have cover sheet notarized.
(Corporate Seal)
THE STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing was acknowledged before me this _ day of , 2015 by
who is personally known to me or who has produced a Florida
driver's license as identification and who did/did not take an oath, and who stated that he
executed same on behalf of the above-named entity for the purposes therein expressed.
(Seal)
NOTARY PUBLIC, State of Florida
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL FOR PACKAGE TO BE
CONSIDERED COMPLETE AND ACCEPTABLE.
24
EXHIBIT B
SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a),
FLORIDA STATUES, ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY
PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS.
This sworn statement is submitted with Proposal or Contract No. to the
Village of Tequesta.
This sworn statement is submitted by:
(Company Name)
whose business address is:
and (if applicable) its Federal Employee Identification Number (FEIN)
is:
(if the entity has no FEIN, include the Social Security Number of the individual
signing this sworn statement:
My name is
(please print name of individual signing)
4. 1 understand that "public entity crime" as defined in Paragraph 287.133(1)(g), Florida
Statutes, means a violation of any state or federal law by a person with respect to and
directly related to the transaction of business with any public entity or with any agency or
political subdivision of any other state or with the United States, including but not limited to,
any proposals or contract for goods or services, any lease for real property, or any contract
for the construction or repair of a public building or public work, involving antitrust, fraud,
theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation.
5. 1 understand that the "convicted" or "conviction" as defined in Paragraph
287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity
crime, with or without an adjudication of guilt, in any federal or state trial court of record
relating to charges brought by indictment or information after July 1, 1989, as a result of a
jury verdict, non -jury trial, or entry of a plea of guilt or nolo contendere.
6. 1 understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida
Statues, means:
a. A predecessor or successor of a person convicted of a public entity crime: or
b. An entity under the control of any natural person who is active in the
management of the entity and who has been convicted of a public entity
crime. The term "affiliate" includes those officers, directors, executives,
partners, shareholders, employees, members and agents who are active in
the management of the affiliate. The ownership by one person of shares
constituting a controlling interest in another person, or a pooling of
equipment or income among persons when not for fair market value under
an arm's length agreement, shall be a prima facie case that one person
controls another person. A person who knowingly enters into a joint
venture with a person who has been convicted of a public entity crime in
Florida during the preceding thirty six (36) months shall be considered an
affiliate.
7. 1 understand that a "Person" as defined in Paragraph 287.133(1)(c), Florida Statutes,
means any natural person or entity organized under the laws of any state or of the United
States with the legal power to enter into a binding contract and which proposals or applies to
proposal in contracts let by a public entity, or which otherwise transacts or applies to transact
business with a public entity. The term "person" includes those officers, directors,
executives, partners, shareholders, employees, members and agents who are active in the
management of the entity.
and
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8. Based on information and belief, the statement which I have marked below is true in
relation to the entity submitting this sworn statement. (Please indicate which statement
applies.)
Neither the entity submitting this sworn statement, nor any of its officers, directors,
executives, partners, shareholders, employees, members or agents who are active in the
management of the entity, nor any affiliate of the entity where charged with and convicted of
a public entity crime after July 1, 1989.
The entity submitting this sworn statement, or one or more of its officers, directors,
executives, partners, shareholders, employees, members or agents who are active in the
management of the entity, nor any affiliate of the entity where charged with and convicted of
a public entity crime after July, 1989.
The entity submitting this sworn statement, or one of its officers, directors,
executives, partners, shareholders, employees, members or agents who are active in the
management of the entity, or any affiliate of the entity has been charged with a and
subsequent proceeding before a Hearing Officer of the State of Florida, Division of
Administrative Hearings and the Final Order entered by the Hearing Officer determined that it
was not in the public interest to place the entity submitting this sworn statement on the
convicted vendor list. (Attach a copy of the final order.)
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OF
OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH ONE (1) ABOVE IS
FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH
DECEMBER 1 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO
UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO
ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED
IN SECTION 287.017, FLORIDA STATUES, FOR CATEGORY TWO OF ANY CHANGE IN
THE INFORMATION CONTAINED IN THIS FORM.
[Signature & date]
THE STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing was acknowledged before me this _ day of , 2015 by
who is personally known to me or who has produced a Florida
driver's license as identification and who did/did not take an oath, and who stated that he
executed same on behalf of the above-named entity for the purposes therein expressed.
(Seal)
NOTARY PUBLIC, State of Florida
26
EXHIBIT C
DRUG FREE WORKPLACE CERTIFICATION
If identical tie proposals exist, preference will be given to the Proposers who submit
a certification with their proposal certifying they have a drug-free workplace in
accordance with Section 287.087, Florida Statutes. The drug-free workplace
preference is applied as follows:
IDENTICAL TIE PROPOSALS: Preference shall be given to businesses with drug-
free workplace programs. Whenever two or more proposals which are equal with
respect to price, quality, and service are received by the State or by any political
subdivision for the procurement of commodities or contractual services, a bid
received from a business that certifies that it has implemented a drug-free workplace
program shall be given preference in the award process. Established procedures for
processing tie proposals will be followed if none of the tied vendors have a drug-free
workplace program.
As the person authorized to sign this statement, I certify that this firm complies fully
with the following requirements:
1. This firm publishes a statement notifying employees that the unlawful
manufacture, distribution, dispensing, possession, or use of a controlled substance
is prohibited in the workplace and specifying the actions that will be taken against
employees for violations of such prohibition.
2. This firm informs employees about the dangers of drug abuse in the
workplace, the business's policy of maintaining a drug-free workplace, any available
drug counseling, rehabilitation, and employee assistance programs, and the
penalties that may be imposed upon employees for drug abuse violations.
3. This firm gives each employee engaged in providing the commodities or
contractual services that are under bid a copy of the statement specified in
subsection (1).
4. In the statement specified in subsection (1), this firm notifies the employees
that, as a condition of working on the commodities or contractual services that are
under bid, the employee will abide by the terms of the statement and will notify the
employer of any conviction of, or plea guilty or nolo contendere to, any violation of
chapter 893 or any controlled substance law of the United States or any state, for a
violation occurring in the workplace no later than five (5) days after such conviction.
5. This firm imposes a sanction on or requires the satisfactory participation in a
drug abuse assistance or rehabilitation program if such is available in the
employee's community, by any employee who is so convicted.
6. This firm will continue to make a good faith effort to maintain a drug-free
workplace through implementation of this section.
(Proposer's Signature)
(Firm Name)
1 1
(Date)
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL FOR PACKAGE TO BE CONSIDERED COMPLETE
AND ACCEPTABLE.
27
Village of Tequesta
Request for Proposals
Purchase of 483 Seabrook Road Site
Notice of Award
Attachment 3
TO: SELECTED PROPOSER
ATT:
PROJECT: Purchase of 483 Seabrook Road Site
Dear
Please be advised that the Village of Tequesta Council authorized the award of
this Contract to your firm at its
, 2015 Council Meeting, This award is a result of your
Proposal submitted to the Village of Tequesta on , 2015.
Three (3) sets of documents are attached. Each set contains an unexecuted
Agreement. Please execute all copies of the Agreement and return the
documents to our office for final execution by the Village no later than
2015.
Sincerely,
By:
Michael Couzzo
Village Manager
28
Village of Tequesta
Request for Proposals
Purchase of 483 Seabrook Road Site
Conceptual Development Plan
Attachment 4
Conceptual Development Plan
Prepared by IRR
�g 9 /
Na scale
29