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050-13aY 1y BOARD OF SUPERVISORS RESOLUTION TO ACCEPT FOR CONSIDERATION AN UNSOLICITED PROPOSAL UNDER THE PUBLIC - PRIMATE EDUCATION FACILITIES AND INFRASTRUCTURE ACT OF 2002 AND TO INVITE COMPETING PROPOSALS WHEREAS, the current County administration building is located in downtown Winchester and is no longer sufficiently convenient to the citizens of Frederick County; and WHEREAS, the population of the County has grown, based upon estimates from the University of Virginia's Weldon Cooper Center for Public Service, from 55,900 in 1997 (when the current County administration building was opened) to 80,118 in 2012, an increase of 44 %, and is anticipated to grow to 119,419 in 2030, a further increase of 49 %; and WHEREAS, given the County's past and anticipated population growth, the current County administration building is not capable of sufficient expansion to continue to adequately serve the needs of the County's growing population; and WHEREAS, significant undeveloped acreages zoned for commercial development are present in the County and construction of a new County administration building in the County would a catalyst for economic development in the County generally and, specifically, in the particular environs of a new County administration building; and WHEREAS, the County has received an unsolicited proposal, under the Public - Private Education Facilities and Infrastructure Act of 2002 ("PPEA"), Va. Code § 56- 575.1, et sect, from Frederick County Center, LLC to provide financing for, land for, and design and construction of a new County office building, and purchase of the existing County office building at 107 North Kent Street, Winchester, Virginia; and WHEREAS, the Frederick County Board of Supervisors has determined that proceeding with a procurement under the PPEA initiated by acceptance for consideration of the unsolicited proposal, submitted by Frederick County Center, LLC, to provide financing for, land for, and design and construction of a new County office building, and purchase of the existing County office building at 107 North Kent Street, Winchester, Virginia, using the procurement method of "competitive negotiation of other than professional services ", the evaluation criteria developed by County staff, and terms and conditions developed by County staff, is appropriate and justified and that use of "competitive negotiation" procedures under the PPEA for this procurement is likely to be more advantageous to the County and the public based upon (1) the probable scope, complexity, or urgency of the project, or (2) risk sharing, added value, economic benefit from the project that would not otherwise be available. NOW, THEREFORE, BE IT RESOLVED, that the Frederick County Board of Supervisors does hereby accept for consideration by County the PPEA proposal of Frederick County Center, LLC, to provide financing for, land for, and design and construction of a new County office building, and purchase of the existing County office building at 107 North Kent Street, Winchester, Virginia, and that County solicit competing proposals for the financing for, land for, and design and construction of a new County office building, and purchase of the existing County office building at 107 North Kent Street, Winchester, Virginia, with such new building being located in the County and being approximately 150,000 square feet in size, and with any such proposal providing for the purchase of the existing County office building at 107 North Kent Street, Winchester, Virginia; and BE IT FURTHER RESOLVED, that the Board authorizes the County Administrator to cause an appropriate Notice to be issued and published, as required by the PPEA and the County's PPEA procedures, and to cause an appropriate Receipt of Unsolicited PPEA Proposal and Solicitation of Competing Proposals to be issued, the Notice and the Receipt being in substantially the same form as presented to the Board at its meeting on April 24, 2013; and BE IT FURTHER RESOLVED, that, for unsolicited proposal of Frederick County Center, LLC and any competing proposals, the County use the procurement method of "competitive negotiation of other than professional services ", the evaluation criteria developed by County staff, and terms and conditions developed by County staff, as reflected in the referenced Receipt of Unsolicited PPEA Proposal and Solicitation of Competing Proposals. ADOPTED this 24 day of April, 2013. Richard C. Shickle Ave Gary A. Lofton Aye Robert A. Hess Aye Bill M. Ewing Aye Christopher E. Collins A y e Gene E. Fisher Aye Charles S. DeHaven, Jr Ave J toard of Supervisors of Frederick, Virginia Res. #050 -13 2 PUBLIC NOTICE BY COUNTY OF FREDERICK, VIRGINIA, OF RECEIPT OF UNSOLICITED PPEA PROPOSAL AND INVITATION FOR COMPETING PROPOSALS The County of Frederick has received and accepted an unsolicited proposal from Frederick County Center LLC for a public- private partnership under which the private proposer would provide finance for, land for, and design and construction of a county office building, and purchase of the County's existing office building at 107 N. Kent Street, Winchester, VA. This unsolicited proposal was submitted pursuant to the Public- Private Education Facilities and Infrastructure Act of 2002, Va. Code § § 56- 575.1, et sec.., ( "PPEA "), and the County's PPEA implementing procedures. The County intends to evaluate the proposal simultaneously along with any competing proposals received by 2:00 p.m. on June 25, 2013, that comply with the PPEA, the County's implementing procedures, and the instructions, terms, and conditions in a more detailed "Receipt of Unsolicited PPEA Proposal and Solicitation of Competing Proposals" ( "Solicitation "), which has been issued concurrently with this Notice. The Solicitation is available to interested persons and has the instructions, terms and conditions applicable to this procurement, a summary of the proposed qualifying project, the evaluation criteria for this procurement, and instructions for obtaining any portions of the unsolicited proposal that are releasable. The County may negotiate a comprehensive agreement under the PPEA for the qualifying project with the submitter of the unsolicited proposal or any competing proposal. THIS IS ONLY A PUBLIC NOTICE. FOR SPECIFICS YOU ARE DIRECTED TO THE MORE DETAILED RECEIPT OF UNSOLICITED PPEA PROPOSAL AND SOLICITATION OF COMPETING PROPOSALS. Copies of the more detailed Receipt of Unsolicited PPEA Proposal and Solicitation of Competing Proposals are available from the Frederick County Finance Department, 107 North US 12676375A Kent Street, Winchester, Virginia 22601, 540- 665 -5610, or by accessing materials via the "Current Solicitations" tab on the County's website at hLtp://www.co.frederick.va.us/finance/finance purchasing.aspx. The County representative familiar with the unsolicited proposal and County PPEA guidelines who can respond to inquiries and meet with private entities who are considering submission of a competing proposal is John R. Riley, Jr., County Administrator, and he may be reached at 107 North Kent Street, Winchester, Virginia 22601. RECEIPT OF UNSOLICITED PPEA PROPOSAL AND SOLICITATION OF COMPETING PROPOSALS I. Introduction The County of Frederick, Virginia, ( "County ") has received an unsolicited proposal pursuant to the Public- Private Education Facilities and Infrastructure Act of 2002 ( "PPEA "), Va. Code § 56- 575.1, et seq. The County previously adopted implementing procedures for the PPEA. Copies of these procedures are available on the County's website at http://www.co.frederick.va.us/finance/ dfs/ PPEA°/ o20Guidelines ° /fl20Revised %2012- 07 %20F1NAL. df. Pursuant to the PPEA and these implementing procedures, the County has given notice that it has decided to consider an unsolicited proposal by Frederick County Center, LLC, along with any competing proposals that are submitted to it by 2:00 p.m., June 25, 2013, to determine whether the County should enter into a Comprehensive Agreement pursuant to the PPEA under which a private entity proposer would provide financing for, land for, and design and construction of a new County office building, and purchase of the existing County office building at 107 North Kent Street, Winchester, VA. The new County office building would be located in the County and would be approximately 150,000 square feet in size. The County invites competing proposals by that deadline. The County has. determined that the "competitive negotiation" of other than professional services procurement method, as described in its implementing procedures, will be used to consider the unsolicited proposal and any competing proposals. Under this method, any competing proposers are to submit by the deadline indicated their conceptual -phase proposals, with contents as prescribed by the PPEA, the implementing procedures, and this Receipt of Unsolicited PPEA Proposal and Solicitation of Competing Proposals ( "Solicitation "). The evaluation criteria for this procurement are as stated in Section VI of this Solicitation. 11. General Description of Proposal Submittal Evaluation and Selection Process The County contemplates that proposal submittal, evaluation, and selection will be a multi -step process. In general terms, in Step 1, proposers submit initial conceptual -phase US 12378379.1 proposals, the contents of which are described in the PPEA, in the County's implementing procedures, and in this Solicitation, Proposers should carefully follow all the instructions in this Solicitation to ensure that their proposals are eligible. The County will review the proposals and evaluate them in accordance with the evaluation criteria contained in this Solicitation. The County may ask proposers, individually or collectively, for clarifications or further information, may check references and other information, may meet individually with proposers, in its discretion, and may request oral presentations, or it may base its evaluations on the proposals as submitted. If there are a number of competing proposals, the County will likely select a limited number of proposers from Step I (perhaps two) as the proposers who are fully qualified and best suited to submit a detailed -phase proposal that best meets the County's needs and invite those proposers to submit detailed -phase proposals by a deadline to be specified in the future. Upon receipt of these proposers' detailed -phase proposals, the required contents of which will be prescribed by the PPEA, the County's implementing procedures, and the invitation to submit detailed -phase proposals, the County will evaluate the detailed -phase proposals, request additional information or clarifications if deemed necessary, and conduct negotiations with each proposer asked to submit a detailed -phase proposal. The County may request oral presentations from the proposers. However, the County may, in its discretion, at any stage, choose just one proposer for negotiations if proposals show only that proposer is fully qualified or show that that proposer is clearly more qualified than any other. III. Instructions to Proposers on Proposal Submission A. General - Applicable To Both Conceptual -Phase and Detailed -Phase Proposals 1. Submittal of Proposals. To be considered: a. Proposals must be signed in ink by an authorized representative of the proposer, with an original and ten (10) copies provided to the County at the location designated herein. b. Proposals must be complete when submitted, including a completed cover sheet and all attachments. -2- Submit proposals to Frederick County Finance Department, 107 North Kent Street, Winchester, Virginia 22601. Proposals must be clearly identified as " PPEA Pro osal — —.County Office Building" and be received by June 25, 2013, no later than 2:00 p.m. local time. Requests for extensions of this date will not be granted except by written amendment to this Solicitation and applicable to all prospective proposers. d. Proposals are to be returned in a sealed envelope with the words "Proposal Enclosed" on the face of the envelope and the lower left corner of the face of the envelope shall indicate the title of the proposal ( " PPEA Proposal --- County Office Building ") Proposals or any amendments to proposals received by the County after the closing date may not be considered. Actual receipt by the County, and not the mailing or sending date, shall control. 2. Brevity, clarity, and responsiveness in proposals are encouraged. The inclusion of extraneous information not pertinent to the basic purpose of the procurement is discouraged. The original and ten (10) copies of the proposal must be received before the submission deadline in the format specified. In addition, a review fee, in an amount equal to two and one half percent (2.5 %) of the reasonably anticipated cost of the proposed project, not to exceed $50,000, must be received with the proposal. B. Any questions concerning the requirements of this procurement should be directed in writing to: John R. Riley, Jr. County Administrator 107 North Kent Street Winchester, Virginia 22601 The County will attempt to review the written questions and requests for clarification, if any, if submitted by June 18, 2013. To the extent the County decides to respond to such questions and requests for clarification, any and all responses and any supplemental instructions will be in the -3- form of written addenda which, if issued, will be mailed to all proposers. All addenda shall become part of this Solicitation. IV. Terms and Conditions of this Notification and Invitation The following terms and conditions apply to this Solicitation, and by submitting its proposal, the proposer agrees to them without exception: 1. Neither this Solicitation nor the County's receipt or consideration of any proposal shall create any contract, express or implied, any contractual obligation by the County to any proposer, or any other obligation by the County to any proposer. The County makes no promise, express or implied, regarding whether it will enter into a Comprehensive Agreement with any proposer or regarding the manner in which it will consider proposals. The County will only be bound by the terms of any Comprehensive Agreement(s) into which it enters should it choose to enter into any such agreements. 2. The County will not be responsible for any expenses incurred by a proposer in preparing and submitting a proposal, or in engaging in oral presentations, discussions, or negotiations with the County. Proposers may be required to make an oral presentation or oral presentations of their proposal in Frederick County at their own expense. The County may request the presence of proposers' representatives from their development, financial, architectural engineering and construction teams at these presentations. The County will schedule the time and location for these presentations. By submitting its proposal, the offeror agrees to make these representatives reasonably available in Frederick County. 4. The County reserves the right to waive any informalities with respect to any proposal submitted. 5. The County reserves the right to accept or reject any and all proposals received by reason of this Solicitation, in whole or in part, and to negotiate separately in any manner necessary to serve the best interests of the County. This procurement may result in multiple awards to multiple offerors. M 6. Generally, proposal documents submitted to public bodies, such as ones submitted to the County, by private entities are subject to the Virginia Freedom of Information Act ( "FOIA "). In accordance with Va. Code § 2.2- 3705.6(11), such documents are releasable if requested, except to the extent that they relate to (i) confidential proprietary information submitted to the responsible public entity under a promise of confidentiality or (ii) memoranda, working papers or other records related to proposals if making public such records would adversely affect the financial interest of the public or private entity or the bargaining position of either party. In order for proposers to exclude confidential proprietary information from public release, proposers must (i) invoke such exclusion upon submission of the data or other materials for which protection from disclosure is sought (ii) identify the data or other materials for which protection is sought, and (iii) state the reasons why protection is necessary. The proposer must also mark each page of information for which protection is sought with the legend- "Confidential Proprietary Information - Exempt from FOIA Release." 7. The County reserves the right to reject any and all proposals without explanation. The provisions of Va. Code § 2.2 -4310 are applicable to this Solicitation, and any procurement done pursuant to it by virtue of the PPEA, Va. Code § 55.576.16.2, and the procedures the County has adopted pursuant to that PPEA provision. The County will not discriminate against a proposer because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment. V. Proposer's Executive Summary and Proposal The executive summary submitted with the unsolicited proposal is as follows: Finance, Provision of Land, Design and Construction of a New Frederick County Office Building. The Frederick County Center, LLC team is excited to have the opportunity to help Frederick County. We believe that this proposal sets forth an ambitious achievable plan that will forever improve Frederick County and provide renewed efficiency to the way it provides governmental services. -5- Our focus, during the conceptual phase of this procurement, has been upon identifying appropriate land parcels, arranging finance, designing and planning to construct an economical facility that will provide functional spaces which impart the County's reputation for quality and fiscal responsibility. VI. Evaluation Criteria for Evaluating Proposals The following are the evaluation criteria that the County will be using to evaluate proposals: a. The desirability of the site for the new County offices proposed in terms of location, transportation infrastructure, communications infrastructure, public access, ease of commuting for County employees, parking, nearby amenities, and consistency with County planning goals. b. The proposer's ability to construct high quality government facilities of the complexity of this project, including without limitation, the proposer's past experience on similar projects; C. The proposer's ability to bring the project on -line within schedule and at the lowest reasonable cost, including without limitation, the proposer's past performance, its claims history, and its litigation history; I The price and the reasonableness of the net cost to the County after considering the price of the new facility and proceeds from sale of the existing facility; e. The proposer's ability to create and obtain a financing package in order to meet the financial goals of the County; f. The ability for future expansion of County facilities at the site and on land areas surrounding the site; 5'2 g. The degree to which the facility would serve as a catalyst for economic development in the County generally and, specifically, in the particular environs of the proposed facility; h. The qualifications of proposer's team; i. The proposer's ability to work with public bodies having review and regulatory jurisdiction over the project; j. The proposer's accommodation of the County's preferences expressed in this Solicitation or the invitation for detailed -phase proposals, as applicable; k. The public interest and public input; and 1. The proposer's ability to leverage and integrate existing County and other available resources. VII. Copies of Unsolicited Proposal The submitter of the unsolicited proposal, Frederick County Center, LLC, has designated portions of its proposal as confidential proprietary information exempt from release under the Virginia Freedom of Information Act. Copies of those portions of the unsolicited proposal not so designated are available from the Frederick County Finance Department, 107 North Kent Street, Winchester, Virginia 22601, 540 - 665 -5610, or by accessing materials via the "Current Solicitations" tab on the County's website at http_ / /www.co.frederick.va.us /finance /finance purchasing aspx -7-