EFTA01116037.pdf

VIRGIN ISLANDS PORT AUTHORITY PO BOX 301707 ST. THOMAS, VI 00803-1707 REQUEST FOR PROPOSALS GENERAL AVIATION HANGAR EXPANSION AND/OR MAINTENANCE BUILDING RELOCATION AND RENOVATION CYRIL E. KING AIRPORT ST. THOMAS, U.S. VIRGIN ISLANDS October 10, 2014 NON-MANDATORY PRE-BID CONFERENCE: Tuesday, October 28, 2014 BID DUE DATE: Tuesday, December 2, 2014 PRINTED PACKAGE: $100.00 ELECTRONIC COPY: FREE EFTA01116037  REQUEST FOR PROPOSALS GENERAL AVIATION HANGAR EXPANSION AND/OR MAINTENANCE BUILDING RELOCATION AND RENOVATION CYRIL E. KING AIRPORT ST. THOMAS, U.S. VIRGIN ISLANDS TABLE OF CONTENTS SECTION 1.00 - SCHEDULE of EVENTS 1 SECTION 2.00 - PROPOSALS REQUESTED 2 SECTION 3.00 - DEFINITIONS 2 SECTION 4.00 - GENERAL INFORMATION 3 SECTION 5.00 - PROJECT(S) GOAL 4 SECTION 6.00 - PREMISES INFORMATION 5 SECTION 7.00 - PROPOSER'S ROLE 6 SECTION 8.00 - INSTRUCTIONS TO PROPOSER 6 8.01 PROPOSAL CONTENT AND ORGANIZATION. 6 8.02 MANDATORY / PRE-SUBMITTAL MEETING. 7 8.03 SPECIFIC PROPOSAL QUESTIONS. 7 8.04 AUTHORITY'S CONTACT 7 8.05 RESPONSIBILITY FOR PROPOSAL. 7 8.06 AMENDMENTS TO PROPOSAL DOCUMENTS 8 8.07 PROPRIETARY DATA. 8 8.08 PROPOSAL DUE DATE. 8 8.09 PROPOSAL SUBMITTAL. 8 8.10 PROPOSAL WITHDRAWAL. 9 8.11 PROPOSAL FORMAT 9 8.12 SIGNATURE ON PROPOSAL FORM. 11 8.13 PROPOSER'S AFFIDAVIT 12 8.14 INSURANCE REQUIRED 12 SECTION 9.00 - POST SUBMITTAL EVENTS 13 9.01 EVALUATION OF PROPOSALS. 13 9.02 PROPOSAL SELECTION 14 9.03 RIGHTS RESERVED 14 9.04 DISQUALIFICATION. 15 9.05 NOTICE OF ACCEPTANCE OF PROPOSALS. 15 EFTA01116038  REQUEST FOR PROPOSALS GENERAL AVIATION HANGAR EXPANSION AND/OR MAINTENANCE BUILDING RELOCATION AND AREA RENOVATION CYRIL E. KING AIRPORT, ST. THOMAS, U.S. VIRGIN ISLANDS SECTION 1.00 - SCHEDULE of EVENTS Release of RFP October 10, 2014 Questions and Answer Period Octobrder 10 through November 7, 2014 at 2:00 PM (AST) Mandatory/ Pre-Submittal Tour & Meeting Tuesday, October 28, 2014 at 10:00 AM (AST) Questions Answered by Monday, November 17, 2014 Proposals Due Tuesday, December 2, 2014 at 3:00 PM (AST) Page 1 of 15 EFTA01116039  REQUEST FOR PROPOSALS GENERAL AVIATION HANGAR EXPANSION AND/OR MAINTENANCE BUILDING RELOCATION AND AREA RENOVATION CYRIL E. KING AIRPORT, ST. THOMAS, U.S. VIRGIN ISLANDS SECTION 2.00 - PROPOSALS REQUESTED The Virgin Islands Port Authority (herein after called "Authority") is soliciting proposals thereinafter called "Proposals") from qualified persons and/or firms (hereinafter called "Proposers") interested in (1) expanding the existing General Aviation Hangar building and/or (2) constructing a building at nearby premises to relocate the Virgin Islands Port Authority Maintenance operations and then redevelop the vacated building or demolish and re-construct a hangar for general aviation-related purposes at the Cyril E. King Airport, St. Thomas, U.S. Virgin Islands ("STT") (hereinafter called "the Airport"). The Authority will accept and review Proposals from Proposers and select one or more companies (hereinafter called Company). The successful Qualified Proposer(%) shall enter into a Lease Agreement (hereinafter called the "Agreement") with the Authority. SECTION 3.00 - DEFINITIONS The following terms and definitions will apply throughout this Request for Proposals. "Airport" means the Cyril E. King Airport passenger terminal and other facilities ("STT") located in St. Thomas, VI. "Company" means selected Proposer(s). "Authority" means the Virgin Islands Port Authority, the entity that conducts this solicitation process and owns the Airport facility. "Proposer(s)" means those who respond to the Request for Proposals. "Qualified Proposer(s)" means those who respond to the Request for Proposals meeting all requirements and conditions set forth. "Director" means the Executive Director who has responsibility for the overall day-to-day management and administration of the Authority. "Fiscal Year (FY)" means the 12-month period commencing on October and ending on September 30th of the next calendar year. "Proposal" means the response to the RFP. "RFP"means Request for Proposals. EFTA01116040  REQUEST FOR PROPOSALS GENERAL AVIATION HANGAR EXPANSION AND/OR MAINTENANCE BUILDING RELOCATION AND AREA RENOVATION CYRIL E. KING AIRPORT, ST. THOMAS, U.S. VIRGIN ISLANDS SECTION 4.00 - GENERAL INFORMATION THE AUTHORITY 1. The Authority is a semi-autonomous agency that owns and manages the two airports and the majority of the public seaports in the United States Virgin Islands. The Authority is also charged with controlling the harbors in the territory. 2. The Authority's mandate is to promote the wise use of these facilities for the betterment of the Virgin Islands and its people, and to assist the government of the U.S. Virgin Islands in fostering and sustaining sound economic development. To this end, the Authority is committed to: ➢ Maintaining and developing the airports and seaports of the virgin Islands to accommodate the current and future demands of its users; ➢ Making sure that the airports and seaports are accessible to all qualified users; ➢ Providing efficient and quality service to the public; ➢ Providing a safe and secure environment at all of its port facilities to working with the government of the U.S. Virgin islands on initiatives to attract tourists and private investors to the territory; ➢ Fostering commerce by providing reasonable and appropriate incentives to airlines, cruise ships, cargo operators and other potential investors to entice them to do business in the Virgin Islands; ➢ Making sure that all of its facilities are in full compliance with local and federal regulations; and ➢ Improving port facilities to keep up with modern technology. 3. The Authority was created in 1969 and is governed by a nine-member Governing Board and day-to-day operations are managed by an Executive Director appointed by the Board. THE AIRPORT The Airport is located on the southwestern end of St. Thomas, VI. The passenger terminal has 11 gates and the length of the runway is 7,000 feet long. The United States Virgin Islands is a territory of the United States and all federal laws apply in the territory, with the exception of certain customs requirements. Because the Cyril E. King Airport uses federal airport funds, all FAA requirements are also in effect. St. Thomas, U. S. Virgin Islands is currently served on a scheduled passenger basis by six (6) major jet carriers and a variety of regional carriers. Additional air carriers provide charter and scheduled air cargo service. The scheduled passenger airlines are: EFTA01116041  REQUEST FOR PROPOSALS GENERAL AVIATION HANGAR EXPANSION AND/OR MAINTENANCE BUILDING RELOCATION AND AREA RENOVATION CYRIL E. KING AIRPORT, ST. THOMAS, U.S. VIRGIN ISLANDS Major Carriers Regional Carriers American Airlines Cape Air Delta Air Lines LIAT (1974), Ltd. jetBlue Airlines Seaborne Airlines Spirit Airlines United Airlines US Airways FUEL FARM / FIXED-BASE OPERATORS SERVING THE AIRPORT Fuel Farm Fixed-Base Operators Total Petroleum Alliance Aviation Execujet (Hairoun Aviation) St. Thomas Jet Center CUSTOMS REQUIREMENTS When the United States Virgin Islands were originally purchased from Denmark, the residents were promised they would retain their duty free port status. Thus, the U. S. Virgin Islands operate under a special U.S. Customs jurisdiction. For this reason, persons departing the U.S. Virgin Islands must clear U.S. Customs. This Customs clearance can be done either at their entry point in the United States or it can be handled at a pre-clearance facility within the airport terminals from which the passengers are departing from. Once cleared by Customs & Bonder Protection within the departing terminal these passengers must remain in a separate sterile areas until they board their aircraft. Once these precleared passengers depart St. Thomas, they can land anywhere in the United States without any further customs processing. Note that passengers arriving from any other part of the United States are not subject to any type of on-airport inspection or checks, that is, only departing passengers must clear U.S. Customs. SECTION 5.00 — PROJECT(S) GOAL The Authority's goal is to create additional space for its growing general aviation clientele both local and visiting. The Airport lacks sufficient hangar space to meet demand. By expanding the existing General Aviation hangar and relocating the Maintenance Department from space on the Airport Operating Area, additional areas will be available. The Authority and the selected Qualified Proposer(s) will enter into a mutually agreeable long-term lease agreement setting forth the terms and conditions for the expansion of the General Aviation hangar and/or the relocation of the Maintenance operation by constructing a new building at a location in close proximity to the existing building and later redevelop the existing building or demolish it and construct a new hangar for general aviation-related uses. All agreements entered into pursuant to the acceptance of proposals to this Invitation are subject to the approvals of VIPA's Board of Directors, the Governor of the Virgin Islands and the Federal Aviation Administration ("FAA"). The development will be subject to the EFTA01116042  REQUEST FOR PROPOSALS GENERAL AVIATION HANGAR EXPANSION AND/OR MAINTENANCE BUILDING RELOCATION AND AREA RENOVATION CYRIL E. KING AIRPORT, ST. THOMAS, U.S. VIRGIN ISLANDS jurisdiction of various governmental entities including, but not limited to, the VI Department of Planning and Natural Resources (DPNR) and the Federal Aviation Administration (FAA). The premises are owned by VIPA; however it is subject to restrictive covenants and regulations running to the FAA. The premises are also subject to other codes, ordinances and laws, including without limitation, those of the Territory of the United States Virgin Islands. SECTION 6.00 - PREMISES INFORMATION 1. General Aviation Hangar Building The existing General Aviation Hangar Building is approximately 18,000 square feet (300' x 60'). It was constructed in 1988 and has three bays. Two bays are approximately 7,200 square each and the third is approximately 3,600 square feet. The building is to be expanded westward. Currently, the Authority has three tenants in the area in which the building is to be expanded. 2. Maintenance Building The existing Maintenance Building consists of three areas. The largest area measuring approximately 7,140 square feet (105' x 68') was built in the early 1940s as part of the U.S. Navy base that existed on the island. The building was used as a recreational facility where indoor sports could be played. Later, the Authority used it to house its Maintenance Department in the northern portion of the building. The southern portion of the building was also used by the Airport's Aircraft Rescue and Firefighting unit. In 2000, the ARFF unit relocated to a new facility immediately east of the Maintenance Building. Today the entire building is used by the Maintenance Department. The second largest area appears to have been added to the building later. It measures approximately 1,444 square feet. Today it is used for offices, lockers and break room. The smallest area, located on the southwestern corner of the main building is no longer used. It was used in the past as a tower for aircraft observation. This two- story area measures approximately 180 square feet (12' x 15'). 3. 69 Lindbergh Bay (portion of) Parcel 69 Estate Lindbergh Bay is located in close proximity to the Maintenance Building and General Aviation Hangar. The property is mostly single-family and duplex housing units that were constructed in the early 1940s by the U.S. Navy during its time in St. Thomas, VI. The Authority's short-term goal is to have families in these units relocated to other housing and to demolish the housing units. The area will then be used for aviation- related and other non-residential purposes. EFTA01116043  REQUEST FOR PROPOSALS GENERAL AVIATION HANGAR EXPANSION AND/OR MAINTENANCE BUILDING RELOCATION AND AREA RENOVATION CYRIL E. KING AIRPORT, ST. THOMAS, U.S. VIRGIN ISLANDS There exists .45 acre of land, along with a portion of Parcel 69 Lindbergh Bay that has been identified for the relocation of the Maintenance Building. The areas are currently zoned R-3 (Residential - Medium Density). SECTION 7.00 - PROPOSER'S ROLE The following are some of the expected responsibilities of the selected Qualified Proposer(%) regarding the design, finance and build of the project(s): a. Obtain all required building permits, zoning and all other federal and local regulatory approvals with the Authority's assistance as facilitator only; b. Oversee design and quality control of construction; and c. Provide regular reports to the Authority on the progress of the development(s). SECTION 8.00 - INSTRUCTIONS TO PROPOSER 8.01 PROPOSAL CONTENT AND ORGANIZATION. Information and instructions necessary for Companies to submit Proposals to the Authority regarding the projects are contained within this Request for Proposals. It is the responsibility of each Company to read the following instructions carefully and to insure that all of the necessary documents are included. Please do so immediately upon receipt to ensure that you have in your poste•sion all the necessary documents. The Authority will not be responsible for any oral instructions or clarifications of the Proposal documents or the Proposal procedure. All costs associated with the preparation and submission of any Proposal shall be borne entirely by the Company. Use of expensive papers and bindings are discouraged since no materials will be returned. The RFP Package consists of the following elements: • RFP - This package • Appendix I — Proposal Forms • Appendix 2 — Exhibits Proposal Submittals must include the forms provided by the Authority (Appendix I). All information requested in the Proposal document must be furnished by the Company. Statements must be complete, and in the form requested. Omission, inaccuracy, or fraudulent statement may be cause for rejection of the Proposal. EFTA01116044  REQUEST FOR PROPOSALS GENERAL AVIATION HANGAR EXPANSION AND/OR MAINTENANCE BUILDING RELOCATION AND AREA RENOVATION CYRIL E. KING AIRPORT, ST. THOMAS, U.S. VIRGIN ISLANDS The purpose of these instructions is to furnish general information to prospective Proposers concerning the Authority's proposal process. The Instructions are not intended to completely define the proposed contractual relationship to be entered into by the Authority and the successful Proposer. 8.02 MANDATORY / PRE-SUBMITTAL TOUR & MEETING. al tour and pre-Submittal meeting is scheduled for Tuesday, October 28, 2014 at 10:00 C The pre-Submittal meeting will be held in the Conference Room (3rd Floor) of the Administration Building, Estate Lindbergh Bay, St. Thomas, VI. All proposers are responsible for and deemed to have knowledge of all information presented at this meeting. All questions resulting from the meeting must be in writing to the Authority's Contact no late" than Friday, November 7, 2014 at 2:00 8.03 LEASE AGREEMENT AND PROPOSAL. The Lease is anticipated to be long term. Information contained in the Proposal received from the Qualified Proposer shall be incorporated into the Lease. 8.04 AUTHORITY'S CONTACT. Inquiries on all matters pertaining to this Request for Proposal or the process should be directed to: Denise LeCointe Acting Purchasing Supervisor Virgin Islands Port Authority P. O. Box 301707- St. Thomas VI 00803-1707 Email: Telephone: (340) 774-3331 Facsimile: (340) 774-5766 All inquiries shall be limited to this Proposal package. Questions related to clarification of the contents of this ProposaLwckage should be in writing and received no later than Tuesday, December 2, 2014 at 3:00 M. (AST). All answers will be supplied in writing to all known Proposers. 8.05 RESPONSIBILITY FOR PROPOSAL. Each Company is responsible for carefully examining the terms and conditions set forth in this Request for Proposals, for making an inspection of the facilities, and for otherwise judging for itself all the circumstances and conditions affecting the Company's Proposal. Submission of a Proposal shall be conclusive evidence that the Company has made such examinations and investigations. EFTA01116045  REQUEST FOR PROPOSALS GENERAL AVIATION HANGAR EXPANSION AND/OR MAINTENANCE BUILDING RELOCATION AND AREA RENOVATION CYRIL E. KING AIRPORT, ST. THOMAS, U.S. VIRGIN ISLANDS Failure on the part of the Company to make such examination and to investigate fully and thoroughly shall not be grounds for any declaration that the Company did not understand the conditions of the Proposal. The Airport makes no warranties or guarantees of any type whatsoever concerning any condition which may affect the general aviation activities or any aspect of Company's Proposal. 8.06 AMENDMENTS TO PROPOSAL DOCUMENTS. The Authority reserves the right to amend the proposal documents of this RFP package through written addendum at any time prior to the scheduled bid opening. The Authority will not be bound by any oral statements. The Authority, at its discretion, may provide additional time to respond, if necessary. The term "proposal documents" shall mean this RFP package, along with Appendices and Exhibits. 8.07 PROPRIETARY DATA. If a Company provides proprietary data/material related to this Request for Proposal, the Authority will handle in strictest confidence all material received in response to this Request for Proposals designated "proprietary". The Authority will, upon request of the Company, enter into a confidentiality agreement with the Company that will pertain to the content of the Company's Proposal and will apply throughout the period during which the Authority is reviewing and evaluating Company's Proposal. 8.08 PROPOSAL DUE DATE. Proposals must be received at the address provided in Section 5.14 herein no later than 3:00 ■ on Tuesday, December 2, 2014. 8.09 PROPOSAL SURETY. Each proposal shall be accompanied by a bid bond or certified or cashier's check made payable to the Virgin Islands Port Authority on a solvent bank, in the amount of Five Thousand Dollars ($5,000.00). The deposit shall be given as security to guarantee that if the proposal is accepted, the Proposer shall execute a Lease Agreement and provide proper security for its performance. The check shall be made payable to the "Virgin Islands Port Authority". If a successful Proposer, fails to execute an agreement, the check shall be forfeited as the agreed amount of liquidated damages to the Authority. The check shall be released or returned to unsuccessful proposers as soon as the successful Proposer(s) have been determined and a Lease awarded, or, in the event that all proposals are rejected, within ten (10) days after the date of rejection. 8.10 PROPOSAL SUBMITTAL. EFTA01116046  REQUEST FOR PROPOSALS GENERAL AVIATION HANGAR EXPANSION AND/OR MAINTENANCE BUILDING RELOCATION AND AREA RENOVATION CYRIL E. KING AIRPORT, ST. THOMAS, U.S. VIRGIN ISLANDS Companies shall abide by all the procedures set forth in the Request for Proposal in the preparation and submission of their Proposal. Proposals must be submitted on the forms included in Appendix 1 - Proposal Forms. Each Company must include one (I) original and five (5) copies of Appendix 1 - Proposal Forms and supporting documentation. In accordance with the Virgin Islands Code, responses and other communications from interested parties shall be open to inspection by the public upon request immediately after a contract is awarded. Proposers may reproduce copies of the forms in the Proposal's Appendix 1 and hand write their submittal or use word processing to reproduce the exhibit inserting additional pages as required and collating the results. Submittals must be one-sided on standard letter size (812/ " x 11") paper and be bound long side. The Proposal documents must be enclosed in a sealed envelope and state the Company's name and be clearly marked "STT General Aviation Hangar Expansion" and / or "STT Maintenance Building Relocation and Area Renovation" in the bottom left corner. Responses must be signed and in sealed envelopes and submitted on Tuesday, December 2, 2014, by 3:00 AST. Mail or deliver this material to: TO: Carlton Dowe Executive Director VIA OVERNIGHT HAND DELIVERY Virgin Islands Port Authority Virgin Islands Port Authority P. O. Box 301707 Administration Building St. Thomas, VI 00803-1707 8074 Estate Lindberg Bay St. Thomas, VI 00802-8074 LATE PROPOSALS: Proposers are responsible for the delivery of their responses before the due date and time. If delivery is received after the date and hour set for receipt, the response may not be considered and may be returned unopened. 8.11 PROPOSAL WITHDRAWAL. Proposals may be withdrawn by the Company prior to the deadline date and time established for receiving Proposals. After the Proposal receipt deadline, the Company shall be bound by the Proposal submitted until the earlier of 1) the execution of the Agreement between the Authority and the selected Company, or 2) June 30, 2015. 8.12 PROPOSAL FORMAT. Proposals should include the following: I. Cover letter signed by an individual having the authority to negotiate and sign agreements on behalf of the organization or individual(s). EFTA01116047  REQUEST FOR PROPOSALS GENERAL AVIATION HANGAR EXPANSION AND/OR MAINTENANCE BUILDING RELOCATION AND AREA RENOVATION CYRIL E. KING AIRPORT, ST. THOMAS, U.S. VIRGIN ISLANDS 2. Executive Summary 3. Bid Forms - Affidavit, Company Information and Company Type 4. Experience and Qualifications of Proposer (including Development Team, i.e., architect, engineer, contractor, etc.) • General-aviation operations or other relatedfield • Facility development (i.e., design and construction) 5. Financial Condition and Resources • Financial History in obtaining financing for development projects and identifying type, financing source and amount • Verification of financial competence to complete project(s). Verification should include statement from banking institution which attests to Proposer's financial standing, capacity and capability to successfullyfinance the project. 6. Concept - Facility and Site Design and Construction Overview • Description of design and construction of facility(-ies). Should include conceptual layout andproposed building(s) • Construction Timetable 7. Economic Proposal • Proposed Annual Rent; Requested Lease term (justifiable with capital investment); Construction Budget, etc. 8. References • Minimum of three (3) professional references related to general aviation and/orfacility development 9. Supplemental Information Proposals should contain no more than thirty (30) pages of material and shall be assembled in organized sections that include a table of contents and table with each section title. Pages should be numbered for reference. Proposals must be organized and tabbed to identify the location of information supporting the proposer's compliance with all requirements of the RFP. Proposals that do not present information in this manner may be rejected as non-responsive. In order to be considered qualified to be selected, a proposer must also provide the information requested in the attachments to this RFP. a) The Proposer shall be totally responsible for all terms, conditions, promises, data, representations and all information included in its proposal. Failure on the part of any Proposer to take any and all actions necessary to comply with the terms and conditions EFTA01116048  REQUEST FOR PROPOSALS GENERAL AVIATION HANGAR EXPANSION AND/OR MAINTENANCE BUILDING RELOCATION AND AREA RENOVATION CYRIL E. KING AIRPORT, ST. THOMAS, U.S. VIRGIN ISLANDS herein, shall not constitute grounds for declaration of not understanding the conditions with respect to making its proposal. b) Each proposer may only submit one proposal, whether for either project or for both projects; c) Each proposer shall have carefully inspected the site, and all information included in this solicitation package, all inclusive, and judge for themselves all circumstances and conditions that affect the proposal; d) Proposal submissions shall be at the time and place designated on the cover sheet of this proposal document; e) Proposals must be complete and free from ambiguity, without alterations or erasures, and properly signed by the Proposer's legally authorized officer or agent to constitute a legitimate response; f) Submission of supplemental materials is the responsibility and within the discretion of the proposer; g) The Virgin Islands Port Authority shall not be liable for any expense incurred in the preparation of a proposal; and It is desired that the information requested herein be prepared and submitted in an organized and efficient manner. It is very important that responses regarding qualifications be limited to the information requested, and not include materials which have not been requested. Proposals shall not be longer than 30 pages. Front and back cover, table of contents and section dividers are not included in the page count. The Proposer shall provide the original (unbound) and five (5) copies of the proposal (copies may be stapled or bound). Facsimile or electronic copies will not be accepted. The Proposer, by submitting a response to this solicitation, waives all rights to protest or seek any legal remedies whatsoever regarding any aspect of this RFP, including the Port Authority's selection of any Proposer. 8.13 SIGNATURE ON PROPOSAL FORM. An individual duly authorized to represent and lawfully act on behalf of the Company must date and sign, in ink, on the spaces provided for such signature in the Proposal (i.e. Appendix 1). The legal name and/or tradename of the Company must be typed above the signature of the representative. A. If the Company is a corporation, the Proposal must be signed by an authorized officer(s), the title of the officer(%) signing the Proposal must be noted, and the EFTA01116049  REQUEST FOR PROPOSALS GENERAL AVIATION HANGAR EXPANSION AND/OR MAINTENANCE BUILDING RELOCATION AND AREA RENOVATION CYRIL E. KING AIRPORT, ST. THOMAS, U.S. VIRGIN ISLANDS corporate seal must be affixed to the Proposal form. All signatures must be notarized. B. If the Company is a partnership, the Proposal must be signed by an authorized general partner(s), using the term "Member of Firm" or "Partner". Signature must be notarized. C. If the Company is an individual, the Proposal must be signed by and in the full name of the Company, using the term "doing business as (insert appropriate business name)", or "sole owner" . Signature must be notarized. 8.14 PROPOSER'S AFFIDAVIT. A. Each proposer is required to submit with the proposal, an affidavit, stating that neither he nor his agents, nor any other party for him has paid or agreed to pay, directly or indirectly, any person, firm or corporation any money or valuable consideration for assistance in procuring or attempting to procure the contract herein referred to, and further agreeing that no such money or reward will be hereafter paid. This affidavit must be prepared by the proposer. B. Each proposer, who is a foreign corporation, that is, a corporation not chartered in the Virgin Islands, but licensed to do business in the Virgin Islands, is required to submit with his proposal an affidavit duly executed by the President, Vice President, or General Manager of the corporation stating in said affidavit that said foreign corporation has, in accordance with the provisions of the General Code of the Virgin Islands, obtained a certificate authorizing it to do business in the Virgin Islands. This affidavit must be prepared by the proposer. C. Each proposer is additionally required to submit with its proposal, upon the blank affidavit attached hereto, an attestation of the proposer that such proposal is genuine and non- collusive and not made in the interest or in behalf of any person not therein named, and that the proposer has not directly or indirectly induced or solicited any other proposer to put in a collusive proposal, or any other person, firm or corporation to refrain from proposing, and that the proposer has no direct or indirect financial or proprietary interest in any other person, firm or corporation putting in a proposal, and that the proposer has not in any manner sought by collusion to secure for itself an advantage over any other proposer. Any proposal which is made without, such affidavit, or in violation thereof, will not be considered. 8.15 INSURANCE REQUIRED. Upon commencement of the Lease Agreement, the Proposer will procure and maintain at all times and at its own expense, the types of insurance specified below. The insurance carriers used by the Proposer must be authorized to do business in the Territory of the USVI and the EFTA01116050  REQUEST FOR PROPOSALS GENERAL AVIATION HANGAR EXPANSION AND/OR MAINTENANCE BUILDING RELOCATION AND AREA RENOVATION CYRIL E. KING AIRPORT, ST. THOMAS, U.S. VIRGIN ISLANDS insurance provided will cover all operations under the Lease Agreement, whether performed by the Proposer or by subcontractors. • Workers Compensation and Occupational Disease Insurance in accordance with the laws of the Territory, and with a minimum employer's liability limit of $1,000,000 per occurrence. • Commercial General Liability Insurance (primary and umbrella) or equivalent with limits of not less than $5,000,000 per occurrence equivalent with limits for bodily injury, personal injury, and property damage liability. The Authority is to be named as an additional insured on a primary non-contributory basis. • Automobile Liability Insurance (Primary and Umbrella) for motor vehicles (owned, non-owned and hired) used in connection with the services to be performed, covered with comprehensive automobile liability insurance with limits of not less than $2,000,000 per occurrence combined single limit, for bodily injury and property damage. The Authority is to be named as an additional insured on a primary non-contributory basis. • Proposer will insure that contractors/professionals maintain Professional Liability Insurance covering acts, errors, or omissions with limits which are the greater of 100% of the value of the professional services contract or $2,000,000 annual aggregate. SECTION 9.00 - POST SUBMITTAL EVENTS 9.01 EVALUATION OF PROPOSALS. The Authority will use evaluation criteria it judges most appropriate to the review process. The relative importance of this criteria will be determined at the sole discretion of the Authority. An award of an Agreement will be to the Qualified Proposer(s) who demonstrates the highest and best capability as it relates to (not all inclusive): • Design and Construction Concept; • Experience; • Financial Capability; • Economic Proposal; and • Construction Feasibility. No Company shall have any cause of action against the Authority arising out of a failure to secure a Lease Agreement with the Authority, a failure by Authority to consider a Company's EFTA01116051  REQUEST FOR PROPOSALS GENERAL AVIATION HANGAR EXPANSION AND/OR MAINTENANCE BUILDING RELOCATION AND AREA RENOVATION CYRIL E. KING AIRPORT, ST. THOMAS, U.S. VIRGIN ISLANDS Proposal, or the methods by which the Authority evaluated Proposals received. The selection of the prospective Company and the decision to engage in negotiations with that Company shall be at the sole discretion of the Authority. 9.02 PROPOSAL SELECTION. The Authority intends to enter into Lease Agreement(s) with the selected Company whose Proposal, in the sole judgment of Authority, is advantageous to Authority and users of Cyril E. King Airport. The Governing Board of the Virgin Islands Port Authority reserves the absolute right in its sole discretion to award this concession, or proceed to have services performed otherwise in the best interest of the Virgin Islands Port Authority. The submission of a proposal does not in any way commit the Authority to enter into an agreement with any proposer. 9.03 RIGHTS RESERVED. The Authority expressly reserves the right at any time and for its own convenience, or sole discretion, to do the following: a. Waive or correct any defect, informality or technical error as to form or content of this request or in any response, proposal procedure, as part of the RFP or any subsequent negotiation process; b. Reject any and all proposals, without indicating any reason for such rejection; c. Retain all copies of Proposals submitted by Proposers; d. Reissue a Request For Proposals; e. Modify or suspend any and all aspects of the proposed project or the required responses, modify the minimum components in the development concept, or modify the process indicated in this solicitation; f. Request that proposers clarify, supplement or modify the information submitted; g. Extend deadlines for accepting responses, request amendments to responses after expiration of deadlines, or negotiate or approve final agreements; h. Negotiate with any, all or none of the proposers to the RFP; i. Make a selection based directly on the proposals or negotiate further with one or more of the responders; j. Cancel its award to any proposer at any time before a final agreement has been fully executed and delivered; EFTA01116052  REQUEST FOR PROPOSALS GENERAL AVIATION HANGAR EXPANSION AND/OR MAINTENANCE BUILDING RELOCATION AND AREA RENOVATION CYRIL E. KING AIRPORT, ST. THOMAS, U.S. VIRGIN ISLANDS k. Reserve the right to cancel its award to any proposer without any liability to such proposer; 1. During negotiations, expand or contract the scope of the project or otherwise alter the project concept from that which was initially proposed in order to respond to new information, community or environmental issues, or opportunities to improve the financial return of the project; 9.04 DISQUALIFICATION. Although not intended to be an inclusive list of causes for disqualification, any one or more of the following, among others, may be considered sufficient for disqualification of a Company and the rejection of the Proposal: • Submittal of a Proposal, which is incomplete, obscure or which contains irregularities, inaccuracies or fraudulent statements. • Evidence of collusion among Companies. • Lack of responsibility as shown by past history, references, or other factors. • Default or termination of other contracts or agreements. • Other causes, as the Airport deems appropriate at the Authority's sole and absolute discretion. 9.05 NOTICE OF ACCEPTANCE OF PROPOSALS. Upon the Authority's selection of a Proposal, the selected Company will be notified not later than February 28, 2015, of the selection. Within 30 days, Company must execute and return to the Authority the Lease Agreement along with required insurance certificates. Should the selected Company fail or refuse to so perform, the Authority reserves the right and shall be free to revoke such selection and to select another Company. EFTA01116053  REQUEST FOR PROPOSALS GENERAL AVIATION HANGAR EXPANSION AND/OR MAINTENANCE BUILDING RELOCATION AND AREA RENOVATION CYRIL E. KING AIRPORT ST. THOMAS, U.S. VIRGIN ISLANDS APPENDIX 1 PROPOSAL FORMS EFTA01116054  REQUEST FOR PROPOSALS GENERAL AVIATION HANGAR EXPANSION AND/OR MAINTENANCE BUILDING RELOCATION AND AREA RENOVATION CYRIL E. KING AIRPORT, ST. THOMAS, U.S. VIRGIN ISLANDS ATTACHMENT A AFFIDAVIT TO ACCOMPANY BID FORMS )SS being first duly sworn, deposes and states: That he/she is (Insert "Sole Owner", "Partner", "President", "Secretary", or other title) of (Insert name of Company) who submits herewith to the Virgin Islands Port Authority the attached Proposal Forms. I certify that all information contained in this proposal is truthful to the best of my knowledge and belief. I further certify that I am duly authorized to submit this proposal on behalf of the entity as its act and deed and that the entity is ready, willing and able to perform if awarded the proposal. I further certify, under oath, that this proposal is made without prior understanding, agreement, connection, discussion, or collusion with any other person, firm or corporation submitting proposals for the same product or service; no officer, employee or agent of the Virgin Islands Port Authority or of any other proposer interested in said proposal; and that the undersigned executed this Proposer's Certification with full knowledge and understanding of the matters therein contained and was duly authorized to do so. Acknowledgment is hereby made of receipt of the following Addenda (identified by number) since issuance of the RFP. Addendum No. Date Addendum No. Date Addendum No. Date Addendum No. Date Page 1 of 8 EFTA01116055  REQUEST FOR PROPOSALS GENERAL AVIATION HANGAR EXPANSION AND/OR MAINTENANCE BUILDING RELOCATION AND AREA RENOVATION CYRIL E. KING AIRPORT, ST. THOMAS, U.S. VIRGIN ISLANDS AFFIDAVIT TO ACCOMPANY BID FORMS I further certify: a. That none of our employees are Governing Board members or supervisory employees of the Virgin Islands Port Authority; b. That no person who has been employed by the Virgin Islands Port Authority or a member of its Governing Board within the twelve (12) months immediately preceding this affidavit serves as an officer, principal, partner or major stockholder of this Company. I understand and agree that any falsification in this affidavit will be grounds for rejection of this Proposal or cancellation of any agreement awarded pursuant to this Bid. I certify under penalty of perjury under the laws of the Territory of the U. S. Virgin Islands that the foregoing is correct and true. Signed: Signature Title Dated IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARY PUBLIC My commission expires: WARNING PROPOSER WILL NOT BE CONSIDERED UNLESS THE AFFIDAVIT HEREON IS FULLY EXECUTED INCLUDING THE CERTIFICATE OF THE NOTARY AND THE NOTARIAL SEAL. Page 2 of 8 EFTA01116056  REQUEST FOR PROPOSALS GENERAL AVIATION HANGAR EXPANSION AND/OR MAINTENANCE BUILDING RELOCATION AND AREA RENOVATION CYRIL E. KING AIRPORT, ST. THOMAS, U.S. VIRGIN ISLANDS ATTACHMENT B COMPANY NAME AND ADDRESS I. Name exactly as it should appear on the Agreement, address, telephone number, and dedicated fax number of proposer. Name Address City State Zip Phone: Dedicated Fax: Email: Website: 2. Address of proposer, if different from above, for purposes of notice(%) or other communications relating to the proposal and Agreement. (If proposer is other than a designee or authorized person, provide the name of an individual who can answer for proposer.) Name Address City State Zip Phone: Dedicated FAX: Email: Website: 3. Company intends to operate the business with which this Bid is concerned as a Sole Proprietor ( ); Partnership ( ); Corporation ( ); Joint Venture ( ); or Other, please explain: Page 3 of 8 EFTA01116057  REQUEST FOR PROPOSALS GENERAL AVIATION HANGAR EXPANSION AND/OR MAINTENANCE BUILDING RELOCATION AND AREA RENOVATION CYRIL E. KING AIRPORT, ST. THOMAS, U.S. VIRGIN ISLANDS ATTACHMENT C SOLE PROPRIETOR STATEMENT If a Sole Proprietor furnish the Following: 1. Name in full 2. Residence Address 3. Business Address 4. Birth Date Place of Birth 5. Social Security No. 6. Driver's License No./State Page 4 of 8 EFTA01116058  REQUEST FOR PROPOSALS GENERAL AVIATION HANGAR EXPANSION AND/OR MAINTENANCE BUILDING RELOCATION AND AREA RENOVATION CYRIL E. KING AIRPORT, ST. THOMAS, U.S. VIRGIN ISLANDS ATTACHMENT C PARTNERSHIP STATEMENT If a Partnership, answer the following: I. Date of organization 2. General Partnership ( ) Limited Partnership ( ) 3. Statement of Partnership recorded: Yes ( ) No ( Date Book Page County City/State 4. Statement of Limited Partnership recorded: Yes ( ) No ( ) Date Book Page County City/State 5. Has the Partnership done business in the Virgin Islands? Yes ( ) No ( ) Explain: 6. Name and partnership share of general partner: 7. Is the Partnership now involved, or has it ever been involved since Januar) 1, 2005. in any business enterprise with the Virgin Islands Port Authority whatsoever? If so, give details: Page 5 of 8 EFTA01116059  REQUEST FOR PROPOSALS GENERAL AVIATION HANGAR EXPANSIO