NSBU_WUC_RFP_June_2_2026_final67176140.11.pdf

NEW SMYRNA BEACH UTILITIES

200 CANAL STREET

P.O. BOX 100

NEW SMYRNA BEACH, FL 32170-010

REQUEST FOR PROPOSALS (RFP) #15-26

RFP #15-26

PHASE 1

PUBLIC PARCEL DELIVERY AND PRIVATE PARCEL ENTITLEMENT SERVICES FOR

THE WESTERN UTILITIES COMPLEX (SEPARATELY AWARDABLE COMPONENTS)

As Phase 1 of a four-phase redevelopment and implementation program, the Utilities Commission, City of New Smyrna Beach, Florida, doing business as New Smyrna Beach Utilities (“NSBU”), hereby invites qualified and experienced Master Developers (“Respondents”) to submit written proposals for professional services related to the planning, entitlement, and conceptual development of NSBU-owned property known as the Western Utilities Complex (“WUC”).

NSBU’s core objective is to enhance the long-term value, functionality, and strategic potential of the WUC through a collaborative, market-informed master planning and entitlement process that supports NSBU’s mission and the evolving needs of the community. Phase 1 is intended to establish the foundational vision, land use strategy, entitlement framework, and development approach that will guide subsequent phases of regulatory approvals, transaction execution, redevelopment, and phased buildout of the WUC.

NSBU seeks to engage Respondents as collaborative partners in shaping a practical, forward-thinking vision for the WUC that balances operational utility requirements, community interests, infrastructure planning, and economically sustainable development opportunities.

NSBU values innovative thinking and a solutions-oriented approach throughout the planning and entitlement process. Respondents are encouraged to bring creative strategies, technical expertise, and implementation experience that can help identify opportunities, address constraints, and support achievable, phased development outcomes. NSBU intends to work closely with selected Respondents through the planning process which will incorporate stakeholder coordination, market realities, operational considerations, and long-term community benefit.

NSBU seeks expertise in large-scale, mixed-use master planning and entitlement processes to support both public utility development and potential private-sector development components of the WUC. NSBU does not require a single master developer with control over both the public parcel and the private parcel work.

A Respondent may submit a proposal for Component A, Component B, or both; however, each component will be evaluated, negotiated, and awarded independently, and no proposal may condition one component upon award of the other.

Notice is hereby given that sealed proposals will be ACCEPTED ELECTRONICALLY VIA VENDOR LINK, until July 16, 2026 https://www.myvendorlink.com/external/bids?a=358

Submit Proposals To:

Maureen Lynch, CPPB Procurement Manager New Smyrna Beach Utilities mlynch@nsbufl.com

(386) 424.3046 Voice

(386) 424.3147 Fax

TABLE OF CONTENTS

Proposal Schedule 4 Project Description 5 Background of NSBU 7 WUC Description 8 Submittal Requirement 10 Evaluation Criteria 13 Evaluation Process 14 Agreement Form and Negotiation 14 General Terms and Conditions 16 Attachment A WUC Complex Conceptual Master Plan 18 Attachment B Fleet and Facilities Conceptual Drawings 19 Attachment C New Administration Building Concept Plan 25

PHASE 1 - PROPOSAL SCHEDULE

• DISTRIBUTION OF THE REQUEST FOR PROPOSAL: June 3, 2026

• DEADLINE FOR FINAL QUESTIONS BY 2:30 P.M.: June 19, 2026

E-MAIL TO MLYNCH@NSBUFL.COM

• ADDENDUM PUBLISHED BY 5:00 P.M.: July 2, 2026

• PROPOSAL RETURN DEADLINE BY 2:30 P.M.: July 16, 2026

ELECTRONIC SUBMITTALS THROUGH VENDOR LINK

• BID OPENING 3:00 P.M. July 16, 2026

WE ARE ALSO OFFERING A REMOTE CALL-IN FOR LISTENING TO THE BID

OPENING.

YOU CAN ATTEND BY DIALING (872) 216-5903

CONFERENCE ID: 126 163 733#

OR BY CLICKING ON THE LINK BELOW

https://teams.microsoft.com/meet/222845284933582?p=ncX7f0eLACp pDi8wpb https://teams.microsoft.com/meet/222845284933582?p=ncX7f0eLACppDi8wpb https://teams.microsoft.com/meet/222845284933582?p=ncX7f0eLACppDi8wpb

1. OVERALL WUC PROJECT DESCRIPTION. As is currently contemplated, the WUC project consists of four phases:

Phase 1 focuses on enhancing the long-term value, operational functionality, and strategic development potential of the WUC through a collaborative, market-driven master planning and entitlement process.

NSBU intends to work with developers who can help establish a practical and forward-looking vision for the property that integrates utility operations, infrastructure planning, community interests, and economically sustainable development opportunities. During this phase: Component A will focus on conceptual planning and entitlement strategy development for the public utility campus and operational facilities, and Component B will focus on conceptual master planning and entitlement strategy development for the private development parcels. Phase 1 is intended to establish the overall development framework, land use strategy, public communications strategy/outreach and entitlement roadmap that will guide future implementation phases.

Phase 2 focuses on refining the land use program for the WUC in coordination with New Smyrna Beach City staff and advancing the project through the regulatory approval process. This phase is expected to include detailed land use planning, preparation and submission of entitlement and regulatory applications, and ongoing coordination with reviewing agencies to secure necessary approvals. During this phase:

Component A will include obtaining zoning approvals, comprehensive plan amendments, platting, environmental permits, and related approvals necessary for development of the NSBU public utility campus and Component B will include obtaining zoning approvals, Planned Unit Development (PUD) approvals, comprehensive plan amendments, platting, environmental permits, and related entitlements necessary for the private development parcels. This phase is intended to align operational requirements, development objectives, and regulatory standards while positioning the WUC for development implementation.

Phase 3 focuses on implementation and execution following regulatory approvals for the WUC. This phase includes finalizing and executing the development agreement, constructing the new WUC facilities, and completing project delivery and turnover activities. The phase is intended to transition the project from planning and approvals into active development and operational readiness, culminating in acceptance of the completed facility by NSBU and transfer of the completed improvements. During this phase:

Component A will focus on development and construction of the NSBU operational campus, including utility facilities, supporting infrastructure, and related operational improvements and Component B will focus on implementation planning, infrastructure coordination, and execution activities necessary to support future private-sector redevelopment opportunities within the WUC. This phase is intended to transition the project from planning and approvals into active development and operational readiness, culminating in acceptance of completed facilities and transfer of buildings and improvements to NSBU.

Phase 4 focuses on long-term redevelopment and phased buildout activities associated with the WUC.

This phase includes commencement of Canal Street redevelopment efforts and continued phased development of the Western Complex. Activities during this stage are intended to support the broader implementation of the master plan, facilitate redevelopment opportunities, and advance long-term economic growth, infrastructure expansion, and community development objectives. During this phase:

Component A will support long-term operational expansion, utility infrastructure integration, and continued public facility functionality within the WUC. Component B will support phased private-sector redevelopment, vertical development opportunities, and implementation of the approved master plan for private development parcels.

2. PHASE I PROJECT OBJECTIVES. NSBU intends to preserve a hard separation between the public parcel project and the private parcel entitlement work. The selected Respondent(s) will be responsible only for the component(s) awarded by NSBU, as follows:

Component A - Public Parcel Delivery. Prepare a detailed planning framework and conceptual layout for the public portion of the WUC, including site organization, access, circulation, and functional relationships between facilities. In addition, obtain all required zoning, comprehensive plan amendments, platting, environmental permits, interim financing and related entitlements necessary to support the development of a campus for NSBU’s operations including:

• Headquarters facility

• Fleet maintenance, facilities and Water field operations building and related structures

• Supporting utility infrastructure

Component B - Private Portion Planning and Entitlements. The selected Master Developer will be responsible for the planning and entitlement of the private portion of the WUC, including:

• Conceptual Master Planning. Prepare and submit a conceptual master plan illustrating the proposed general layout and development vision for the private portion of the WUC.

• Private Portion Entitlements. Obtain all required zoning, comprehensive plan amendments, Planned Unit Development (PUD) approvals, platting, environmental permits, and related entitlements for the private development parcels.

3. FUTURE DEVELOPMENT OF THE PUBLIC PARCELS. Upon completion of planning and entitlements, NSBU intends to issue one or more separate solicitations for the design, construction, and/or development of facilities on the public parcels. Any such future solicitation process will be conducted in accordance with Florida law and NSBU’s procurement policies.

4. FUTURE DISPOSITION OF PRIVATE PARCELS. Upon successful completion of entitlements, NSBU will conduct a fair market value study to determine the appraised value of the private development parcels. NSBU intends to issue a separate solicitation for the sale of such parcels at the fair market value in effect at that time.

Selection for Component B, or for both components, does not by itself grant any automatic or preferential right to acquire any private parcel, receive an option, right of first refusal, right of first offer, exclusive negotiation right, or otherwise serve as the future vertical developer. Notwithstanding the foregoing, the agreement subsequently entered into between NSBU and the selected Component B Respondent may, if approved by NSBU and expressly provided therein, grant the selected

Respondent certain rights with respect to future parcel acquisition opportunities, including, without limitation, an option to acquire, right of first refusal, right of first offer, exclusive negotiation right, preferred developer status, or other preferential or contractual rights on such terms and conditions as NSBU determines to be in its best interests.

Except as may be expressly set forth in such agreement, any later sale of private parcels shall be subject to separate NSBU action, updated appraisal or fair market value support, and such competitive process as NSBU determines is legally and practically appropriate at that time. NSBU reserves the right to restrict or disqualify the selected Component B Respondent and its affiliates from a later parcel acquisition process if NSBU determines that an organizational conflict of interest or unfair competitive advantage would result.

5. BACKGROUND OF NSBU. NSBU is a municipal utility providing electric, water, and wastewater services. It was established by a special act of the Florida Legislature and operates as part of the City of New Smyrna Beach government. Governance is provided by a five-member board appointed by the City Commission. NSBU operates without taxing authority and is limited to utility-related functions.

a. NSBU’s Current Headquarter Facilities located at 200 Canal Street, New Smyrna Beach:

• Building is approximately 41,200 total square feet (39,700 usable)

• Situated on approximately 1.5 acres

• Approximately 60 employees across administrative and operational functions

b. NSBU’s Current Fleet Maintenance Building located at 2495 Boat Ramp Road, New Smyrna

Beach (aka Swoope Site). Existing facility is owned by City of NSB:

• Building is approximately 4,800 square feet

• Situated on approximately 1 acre

• 3 employees

c. NSBU’s Current Water Field Operations located at 413 Smith Street, New Smyrna Beach:

• Building is approximately 4,400 square feet

• Situated on approximately 2.2 acres

• 21 employees

d. NSBU’s System Operations located at 350 Slaton Street, New Smyrna Beach:

• Department occupies approximately 3,000 square feet

• Located on second floor of existing Electric Operations Building

• 9 employees

6. PUBLIC PORTION PROJECT NEEDS. See Attachments A and B for background and informational purposes only. Respondents are responsible for independent review and verification of acreage, wetlands, access, utility constraints, program assumptions, and existing concept materials. To the extent an attachment conflicts with the final negotiated scope or a later addendum, the final negotiated scope or addendum shall control.

NSBU plans to consolidate multiple existing NSBU facilities into the Component A portion of the project including:

(1) Headquarters Facilities currently on Canal Street along with the Electric System Operations division currently located at Slaton Street. Security will have to be reflective of a NERC Critical Infrastructure Protection (CIP) Bulk Electric System (BES) for access to the Electric System Operations floor.

(2) Fleet Vehicle (Swoope), Facilities and Water Field Operations (Smith Street), and System Operations (Slaton Street)

(3) Future buildings/structures including potential wells, reverse osmosis (RO) plant, additional reclaimed water pond expansion and/or tank and water reclamation facility (WRF) expansion.

These future structures which may be required for future capacity and business operations are located primarily in the northern top half of the WUC property. See Attachment A for additional conceptual details.

(4) The City of New Smyrna Beach and Volusia County have made inquiries regarding additional floor space requirements and potential materials laydown yard areas. The square footage space requirements will need to be verified by the Respondent(s) selected for the public portion with the respective municipal and county entities. Any inclusion of City or County space in the Project shall be subject to separate confirmation by NSBU, verification of actual program needs, and any separate interlocal, occupancy, cost-sharing, or other agreements required by law. Respondents shall not assume such participation as a condition to first-phase delivery unless NSBU expressly states otherwise in an addendum.

This consolidation is intended to improve operational efficiency, accommodate future growth, and modernize infrastructure. As referenced above, the City of New Smyrna Beach and Volusia County have requested certain space requirements which must be considered and validated as part of the public portion project needs. Respondents should propose phasing, shared infrastructure, and interim financing for the public improvements authorized by NSBU. NSBU retains approval rights over scope, budget, and timing.

7. WUC DESCRIPTION. The WUC is a minimally developed site with the following characteristics:

• Approximately +/- 600 total acres

• Estimated 60% wetlands

• Estimated 40% potentially developable land

It currently includes the following existing NSBU facilities:

• Water Reclamation Facility (WRF) (with planned expansion)

• Head End Building

• Smyrna Electrical Substation

• Central Wellfield (with planned expansion)

• Associated infrastructure

NSBU anticipates dedicating approximately 97 acres of the WUC for public utility uses, including headquarters, fleet, facilities and Water field operations. The 97 acres reflected in Attachment A does not incorporate existing NSBU facilities such as the Water Reclamation Facility. The 97 acres also does not include to be determined requests from the City of NSB or Volusia County. The final public parcel boundaries and acreage shall be approved by NSBU. The acreage and boundaries are preliminary only and remain subject to survey, wetlands and environmental work, utility protection requirements, access and roadway design, City approvals, and NSBU’s final program decisions.

Any conceptual master plan included with this RFP is expressly non-binding and is intended only to illustrate NSBU’s current planning assumptions. Respondents may identify departures from the conceptual materials, but must clearly describe all assumptions, requested deviations, and additional approvals required to implement the Respondent’s approach.

8. MINIMUM ELIGIBILITY. Respondents must be (a) authorized to transact business in Florida; (b) hold all licenses and certifications required by federal, state, and local law to perform the solicited services/work; and (c) not be suspended, debarred, or otherwise ineligible for public contracting.

Corporations, LLCs, and limited partnerships must be active with the Florida Department of State, Division of Corporations, as of the proposal due date.

9. DEVELOPMENT ASSUMPTIONS BY COMPONENT. Respondents should incorporate the following planning assumptions into the proposal. Any assumption made by a Respondent in the absence of fixed NSBU criteria must be separately identified in the proposal.

Component A - Public Utility Needs:

• Consolidation of all identified NSBU operations which may require more than one physical facility

• Accommodation of current and future growth

• Accommodation of City of New Smyrna Beach and Volusia County space requirements

• Development of an efficient, functional site layout for the public portion, including:

o Internal circulation and access (vehicular and service) o Security and controlled access zones o Adjacencies between operational functions o Expansion areas for future facilities

• Reservation of land for:

o Potable water wells o Reverse osmosis treatment plant o New reclaimed water storage pond and/or tank o Expansion of the water reclamation facility

Component B – Private Parcel Development Potential:

• Remaining land may support a mixed-use or master-planned development including:

o Retail o Commercial/Light Industrial o Office uses o Residential o Multi-Family

• Key frontage and access considerations:

o State Road (SR) 44 corridor o Future Williamson Boulevard extension o Planned major intersection at SR 44 and Williamson Boulevard o Provide access information that NSBU has for the WUC Such materials shall be deemed informational only unless expressly incorporated into this RFP by addendum. Respondents remain responsible for their own independent due diligence and professional judgment.

10. REGULATORY REQUIREMENTS. All development activities shall comply with applicable regulations of the City of New Smyrna Beach, including, but not limited to, the City's Code of Ordinances, Land Development Code, Comprehensive Plan, zoning regulations, and applicable development standards. By way of example and not limitation, development within a PUD shall be subject to the General PUD District Standards set forth in Section 504.03 of the City’s zoning matrix, including requirements related to unified control, project boundaries, and site plan interactions. All required approvals, permits, and entitlements must be obtained through the City Commission and applicable local, regional, state, and federal regulatory agencies.

11. SUBMITTAL REQUIREMENTS. Respondents shall organize their proposals in the following format and provide all requested information in a clear, concise, and sequential manner. All pages should be consecutively numbered and correspond to the sections listed in the Table of Contents. A Respondent proposing on both components must submit clearly separated component-specific sections, with separate scopes, assumptions, schedules, team information, conflicts disclosures, and fee or price information for each component. NSBU may deem a blended or conditional proposal to be non-responsive. A Respondent proposing on both components must submit separately tabbed and component-specific technical proposals and separately identified price proposals for each component.

Any interim financing proposal for Component A must include a standalone financing term sheet describing sources and uses, fees, draw conditions, security, maturity, prepayment assumptions, and proposed takeout or refinancing strategy.

(1) Cover Letter. Provide a cover letter summarizing the Master Developer team’s qualifications and interest in the Project. The cover letter must:

• Be signed by a principal or authorized representative of the Respondent

• Clearly identify all team members

• State the component or components on which the Respondent is bidding and Respondent’s understanding of the Project and commitment to its objectives

(2) Table of Contents. Include a comprehensive Table of Contents outlining all sections of the submittal, including attachments, with corresponding page numbers.

(3) Executive Summary. Provide an Executive Summary that includes for each component:

• Legal name and structure of the Respondent entity

• Background and history of the entity

• Location of main office(s) and the office that will service this contract

• Identification of key individuals who will be directly involved in the Project and their locations

• Overview of the proposed development approach, for each component, including any interim financing concept for Component A and the proposed entitlement sequencing for Component B

(4) Development Team and Organization. Provide detailed information regarding the entity that will serve as the Respondent.

Team Structure and Roles

• Identify all team members, including consultants and partners

• Clearly define roles and responsibilities and, if bidding on both components, describe the

Respondent’s internal separation measures, conflict management, affiliate disclosures and any existing real estate interests in or near the WUC.

Key Personnel

• Include resumes and professional biographies for all key personnel, including:

o Senior Project Manager(s) o Planning and entitlement o Design

• Emphasis should be placed on individuals who will actively manage or oversee the Project

(5) Experience and Qualifications. Respondents are encouraged to demonstrate relevant experience and capacity for the component(s) proposed, including:

• Component A: experience with public parcel delivery, design-build or comparable project delivery, phasing, cost and schedule control, and optional interim financing structures

• For Component B: experience with municipal entitlement strategy, comprehensive plan amendments, PUD approvals, platting, environmental entitlements, and disposition-readiness services

• Experience obtaining zoning, comprehensive plan amendments, PUD approvals, and environmental entitlements

(6) Representative Projects. Respondents must provide detailed summaries of at least two relevant projects, including:

• Project name and location

• Development program and mix of uses

• Total project budget

• Project timeline and completion date

• Total square footage and breakdown by use

• Number of residential units (if applicable)

• Renderings and/or photographs

• References (name, title, phone number, and email)

(7) Legal and Disclosure Information. Provide the following disclosures:

• Litigation history within the past five years involving the Respondent

• Statement regarding any felony indictments or convictions of principals or key personnel, any public entity crime disqualification issues, suspension/debarment matters, E-Verify compliance obligations, and any actual or potential conflicts of interest or unfair competitive advantage and any material defaults, terminations for cause, and claims on payment or performance security.

(8) Project Approach and Methodology. Provide a detailed description of the Respondent’s approach to:

• For Component A: public parcel planning, delivery method, site organization, phasing, operational functionality, permitting path, cost control, schedule, and financing approach including identification of proposed security, any requested reimbursement or repayment source, lien limitations, and proposed takeout or refinancing strategy

• For Component B: entitlement strategy, sequencing of City approvals, protection of NSBU ownership and control, and preparation of sale-ready parcel packages. Component B proposals must separately identify any proposed broker, marketing, lender, or affiliate role and may not assume parcel acquisition rights

• Coordination with NSBU, the City, and regulatory agencies and any owner-side professionals separately retained by NSBU

• Integration of infrastructure, environmental constraints, and future expansion areas while preserving the separation between the public parcel work and the private parcel entitlement work

(9) Conceptual Master Plan. Respondents are invited to submit a conceptual master plan reflective of the following items. NSBU is providing details on what NSBU has already compiled such as the Fleet/Facilities building, Water Field Operations and surrounding structures in Attachment B:

• For Component A, conceptual materials may address public parcel layout, phasing, access, and operational adjacencies

• For Component B, conceptual materials may address land-use assumptions, entitlement sequencing, access, and parcelization concepts for later sale

• Conceptual organization of the public utility campus, including:

o Building placement o Circulation and access o Functional adjacencies

• Sufficient detail to demonstrate feasibility and alignment with NSBU goals

Detailed engineering or construction drawings are not required or requested at this stage; however, proposals should allow for the meaningful evaluation of the Respondent’s vision and approach while encouraging creativity and innovation.

(10) Statutory Certifications. By submitting a proposal, the Respondent certifies that it is in compliance with all applicable Florida Statutes including, as applicable, sections 255.065, 255.05, 287.055, 287.133, 287.135, and 448.095, Florida Statutes. The Respondent shall include in its proposal a written statement affirming such compliance. Without limitation, the Respondent must certify that it is:

• Not listed on the Scrutinized Companies with Activities in Sudan List, as per section

287.135, Florida Statutes

• The contractor is not listed on the Scrutinized Companies with Activities in the Iran

Petroleum Energy Sector List, in accordance with section 287.135, Florida Statutes

• The contractor is not participating in a boycott of Israel, as defined and prohibited by section 287.135, Florida Statutes

• The contractor is in compliance with section 448.095, Florida Statutes, to the extent applicable, and will not propose financing or security provisions that would create an impermissible lien, mortgage, or loss of NSBU fee ownership

12. EVALUATION CRITERIA. The NSBU Commission will evaluate all proposals for a potential partnership on a component-by-component basis and each component will be evaluated independently, and NSBU may award one component without awarding the other based on a comprehensive range of considerations. The evaluation will be qualitative in nature and will focus on the extent to which each proposal aligns with NSBU’s goals, operational needs, and long-term vision for the Western Utilities Complex (WUC). Factors that may be considered include, but are not limited to:

• For Component A: the experience and qualifications of the Respondent and key team members in public parcel delivery, utility or municipal projects, phasing, and cost and schedule control and the reasonableness and flexibility of any proposed interim financing, including takeout or refinancing strategy and protection of NSBU ownership and control

• For Component B, the experience and qualifications of the Respondent and key team members in land use planning, municipal entitlements, PUD or plat approvals, and disposition-readiness services

• Quality, feasibility, and creativity of the conceptual master plan

• Effectiveness of the proposed approach to public portion planning and integration with private development

• Ability to coordinate with NSBU, the City of New Smyrna Beach, and regulatory agencies while preserving hard separation between the public parcel work and the private parcel entitlement work

• Overall alignment with NSBU’s operational objectives and community considerations

As part of its evaluative process, the NSBU Commission reserves the right to exercise its full discretionary authority in determining whether a proposal meets NSBU’s stated objectives. This authority includes, but is not limited to:

• Requesting additional information or clarifications from Respondents

• Conducting interviews or presentations with selected Respondents

• Rejecting any or all proposals

• Electing not to proceed with any proposal if, in the Commission’s judgment, it does not serve the best interests of NSBU, its customers, or the residents of the City of New Smyrna Beach

The Commission’s decision-making process will prioritize proposals that demonstrate a strong combination of experience, financial capability, technical approach, and a clear, achievable vision for the successful development of the WUC

13. EVALUATION PROCESS.

Step 1 – Fact-Finding and Proposal Comparison. A fact-finding meeting will be conducted to develop a comparison chart incorporating information from all proposals received. This chart will serve as the basis for the evaluation and review of the proposals.

If Step 2 is not utilized, the comparison chart developed during Step 1 will be presented directly to the Commission for its review and selection of the Respondent.

Step 2 – Evaluation Committee Review and Ranking (Discretionary). Step 2 is discretionary and may include a meeting of an evaluation committee to review and rank the proposals. The decision to utilize Step 2 will be based on the number of proposals received and will be determined by the NSBU CEO/General Manager.

If convened, the Evaluation Committee will meet in a noticed public meeting during which the Evaluation Committee will develop a ranking recommendation to be presented to the full Commission for consideration and selection of the Respondent.

14. AGREEMENT FORM AND NEGOTIATION. The Respondent selected through this RFP process shall be required to execute component-specific definitive agreement(s) acceptable to NSBU before the commencement of any work.

The agreement shall establish the general framework for the relationship between NSBU and the selected Respondent, including, but not limited to, scope, roles and responsibilities, project phasing, coordination requirements, and other terms as determined necessary by NSBU. For Component A, NSBU may elect to use an interim agreement, a comprehensive agreement, or another project agreement structure authorized by law and approved by NSBU. For Component B, NSBU expects to use a professional services or similar services agreement. No form of agreement shall become binding unless and until approved by NSBU in the manner required by law.

The agreement may also include provisions granting the selected Respondent an option, right of first refusal, right of first offer, or exclusive negotiation right for future phases of the project, additional scopes of work, or subsequent development opportunities within the WUC, as well as other commercially reasonable terms intended to provide favorable consideration for continued participation, subject to NSBU approval and applicable legal requirements.

The selected Respondent shall be responsible for carrying out all phases of the Project as contemplated under this RFP. This includes, but is not limited to:

• Phase-specific planning, validation, and conceptual development services authorized by NSBU

• Coordination with NSBU and applicable regulatory agencies.

• Preparation and submission of all required entitlement applications. NSBU reserves the right to separately procure owner-side architectural, engineering, surveying, mapping, appraisal, bond or loan financing, underwriting, financial advisory, and legal services where NSBU determines whether such separate procurement is required or advisable.

• Securing or assisting NSBU in securing all necessary zoning, comprehensive plan amendments, PUD approvals, platting, environmental permits, and related approvals. No agreement awarded under this solicitation shall grant any right to acquire private parcels except through later NSBU-approved sale documents and any separate process NSBU elects to use at that time.

• Ongoing project management and oversight through completion of the entitlement phase for both the public and private portions of the WUC

• If a Respondent proposes on both components, NSBU may require separate project teams, information barriers, separate pricing, and other conflict-mitigation measures as conditions of award.

The Respondent shall serve as the primary entity responsible for delivery of the services described herein and shall be accountable for the performance of all team members, consultants, and subcontractors engaged in the Project. Each agreement shall be subject to approval by the NSBU Commission and any other approvals NSBU determines are required.

The agreement shall be subject to approval by the NSBU Commission and, if deemed necessary or appropriate by the NSBU Commission, the City Commission of New Smyrna Beach. The agreement may include a provision allowing for termination for convenience, suspension, step-in rights, audit rights, and such other protections as NSBU deems appropriate. Each agreement may include termination for convenience, suspension, step-in rights, audit rights, ownership of work product, assignment restrictions, insurance, security, default and cure provisions, and such other protections as NSBU deems appropriate.

Failure or inability to successfully execute the agreement, as determined by NSBU in its sole discretion, may result in the withdrawal of selection for that component(s) and award to another Respondent or cancellation of the procurement.

15. TRADE SECRETS AND CONFIDENTIAL INFORMATION. Trade secrets and information confidential and exempt from Subsection 119.07(1) of the Florida Statutes and Subsection 24(a) of Article I of the Florida Constitution is not solicited nor desired as information to be submitted with proposals. The Florida Statutes and the State Constitution govern whether information in a proposal is confidential or exempt from the Florida Public Records Act. If information is submitted in a proposal which a Respondent deems to be a trade secret or confidential and exempt from the Public Records Act, the information shall be submitted with the proposal in a separate, clearly identifiable email referencing the specific statutory citation for such exemption. Submitted proposals which are marked “confidential” (or other similar language) in their entirety or those in which a significant portion of the submitted proposal is marked “confidential” may be deemed non-responsive by NSBU. NSBU is not obligated to agree with the Respondent’s claim of an exemption and, by submitting a proposal, the Respondent agrees to be responsible for defending its claim that each and every portion of the separately marked information is exempt from inspection and copying under the Public Records Act. The Respondent agrees that it shall protect, defend, and indemnify, including attorney’s fees and costs, the NSBU for any and all claims and litigation (including litigation initiated by the NSBU) arising from or relating to the Respondent’s claim that the separately marked portions of its proposal are not subject to disclosure. If the Respondent fails to separately mark portions of its proposal or marks its proposal “confidential” (or other similar language) in its entirety, NSBU is authorized to produce the entire proposal submitted by the Respondent in responding to a public records request.

16. PROTESTS. Formal written protests must be filed with NSBU in strict accordance with Section XI of NSBU’s Purchasing Manual.

17. GENERAL TERMS, CONDITIONS AND REQUIREMENTS.

(1) All responses to this RFP are subject to the Florida Public Records Law, Chapter 119, Florida Statutes. Respondents acknowledge that all materials submitted become public records upon receipt by NSBU. However, sealed proposals received by NSBU pursuant to this competitive solicitation are exempt from public disclosure until NSBU provides notice of an intended decision or until 30 days after opening, whichever occurs earlier, as provided in section 119.071(1)(b)2., Florida Statutes.

(2) Respondents are prohibited from communicating with NSBU Commissioners or staff regarding this solicitation, except through the designated procurement contact. Violation of the Cone of Silence may result in disqualification.

(3) Respondents must disclose any potential conflicts of interest, including relationships with NSBU Commissioners, staff, or consultants involved in this Project. NSBU reserves the right to determine whether a conflict exists and to take appropriate action, including disqualification.

NSBU reserves the right to determine whether a conflict or unfair competitive advantage exists and to take appropriate action, including disqualification or award conditions.

(4) NSBU reserves the right to reject any or all proposals, waive minor informalities or irregularities in proposals, request clarification or additional information, reissue or cancel the RFP, and award one component without awarding the other.

(5) Issuance of this RFP does not obligate NSBU to award either component or both components, enter into any agreement, or proceed with any portion of the Project.

(6) All costs incurred by Respondents in preparing and submitting proposals, attending meetings, or participating in the selection process shall be borne solely by the Respondent.

(7) NSBU reserves the right to enter into negotiations with one or more Respondents for each component, modify the scope of services during negotiations, and terminate negotiations and proceed with another Respondent.

(8) This RFP is governed by the laws of the State of Florida. Venue for any legal proceedings shall be in Volusia County, Florida.

ATTACHMENT A

WUC COMPLEX UPDATED CONCEPTUAL MASTER PLAN

ATTACHMENT B

Fleet and Facilities Operations Building – 60% Design

Fleet and Facilities Operations Building – Layout Details

Fleet and Facilities Operations Building – Site Plan

Fleet and Facilities Operations Building – First Floor Plan Overall

Fleet and Facilities Operations Building – Floor Plan Area A

Fleet and Facilities Operations Building – Floor Plan Area B

NSBU New Administration Building – Concept Plan