Solicitation No. 94702 (Moscow).pdf

Thank you for responding to the Commonwealth of Pennsylvania's Solicitation for Proposal (SFP) # 94702 to lease to the Commonwealth approximately 4,000 to 5,000 net usable square feet of Retail space in Moscow, Lackawanna County, Pennsylvania.

The space will be occupied by the Pennsylvania Liquor Control Board.

The availability of private and/or public parking should be included in proposals.

Enclosed you will find SFP #94702 which includes 5 appendices, including a sample draft lease.

This SFP contains information that will guide you in preparing a proposal submission on the enclosed forms. To be considered, all proposals must be submitted utilizing the enclosed forms. Proposals must be addressed to the Bureau of Real Estate, Room 503, North Office Building, Harrisburg, Pennsylvania 17125 and received by the Commonwealth of Pennsylvania by 3:00 P.M., April 24, 2015. PROPOSALS WILL

NOT BE ACCEPTED AFTER THIS TIME.

PLEASE NOTE THAT SFPs ARE NOT PUBLIC BID OPENINGS.

Your proposal must be submitted in a sealed envelope. THE ENVELOPE MUST

BE MARKED WITH SFP #94702, AGENCY’S NAME, REAL ESTATE

COORDINATOR’S NAME, SQUARE FOOTAGE, AND DUE DATE. THIS

INFORMATION MUST ALSO BE SHOWN ON THE OUTSIDE OF ANY COURIER OR

MAILING ENVELOPE. Do not submit a proposal for another SFP in the same envelope with your proposal for this particular SFP. Please be advised that this is a proposal solicitation process. The Commonwealth of Pennsylvania reserves the right to reject any or all offers, waive any defect or negotiate for better terms.

This solicitation reflects material changes which have been made to the Commonwealth lease solicitation process. Payment of prevailing wages is now a requirement of the Commonwealth’s leasing program when a proposer offers to construct a new facility or substantially rehabilitate an existing facility. Specific information on the payment of prevailing wages requirement can be found on Page 5 of this SFP. There are also new requirements concerning the Right to Know Law. Specific information on the disclosure of proposal contents can be found on Page 7 of this SFP.

You should address the availability of private and/or public parking in your proposal.

Please be sure to carefully read the whole document. If you have any questions concerning the attached information, please contact Bruce VanDyke directly at (717) 317-5314.

503 North Office Building, Harrisburg, PA 17125 Telephone: 717-787-4394 FAX No: 717-783-0570

SOLICITATION FOR PROPOSAL (SFP) #

94702

Date of Issue:

02/26/2015

Issuing Office:

Department of General Services

Bureau of Real Estate Room 503 North Office Building Harrisburg, Pennsylvania 17125

(717) 787-4394

Table of Contents Pages

I. General Information for the Proposer 4-8

II. Proposal Requirements 9-10

Appendix A Lease Standard Terms and Conditions

Appendix B Required Documents

Appendix C Building Specifications

Appendix D Commonwealth Requirements

Appendix E Geographic Boundaries

I. GENERAL INFORMATION FOR THE PROPOSER

PURPOSE

The purpose of this Solicitation for Proposal (SFP) is to obtain proposals to provide approximately 4,000 to 5,000 net usable square feet of retail space, for use as a Wine and Spirits store. The space must be located within the following boundaries: within a two (2) mile radius of Routes 502 & 435, Moscow, Lackawanna County. Proposals which offer space outside of these boundaries cannot be considered for award of the lease.

Proposers should prepare and submit proposals to be considered by the Commonwealth of Pennsylvania (Commonwealth) for a ten (10) -year lease (with options for two (2) Five (5) year renewal terms) to be occupied by the PA Liquor Control Board.

The availability of private and/or public parking should be included in proposals.

ISSUING OFFICE

The Department of General Services (DGS), Bureau of Real Estate, issues this SFP for the Commonwealth. The point of contact is:

Bruce VanDyke Department of General Services

Bureau of Real Estate Room 503 North Office Building Harrisburg, PA 17125

(717) 317-5314

Only the DGS Bureau of Real Estate is authorized to negotiate the terms and conditions of a proposed lease agreement. No understanding shall be binding upon the Commonwealth until all of the following occur: (1) the parties’ understanding has been reduced to a formal written lease agreement; (2) the lease agreement has received all necessary Commonwealth approvals, including, but not limited to, the approval of the Board of Commissioners of Public Grounds and Buildings; (3) the lease agreement has been signed by the Secretary of the Department of General Services, and (4) the fully executed lease agreement has been delivered by DGS to the selected proposer.

SCOPE

This SFP contains instructions governing the proposals to be submitted and the material to be included therein; a description of the services to be provided; requirements that must be met to be eligible for consideration; and other requirements to be met by each interested party.

RESPONSE DATE

To be considered, proposals must arrive at the issuing office, on or before the date and time specified in the cover letter. Proposals must be returned in the envelope provided with the proposal packet. ALL LATE PROPOSALS SHALL BE REJECTED.

NOTICE TO PROPOSERS OF PREVAILING WAGE REQUIREMENTS

To the extent that a proposer offers to construct a new facility, to substantially rehabilitate an existing facility, or to substantially alter an existing facility in accordance with Commonwealth agency specifications/drawings, and the construction/substantial rehabilitation/substantial alterations will have a total estimated cost that exceeds $25,000, the following prevailing wage requirements shall be included in the lease. “Substantial rehabilitation” is the conversion or adaptation of an existing facility into a safe, structurally sound building, by gutting and extensive re-construction, to make the building suitable for use by the Commonwealth agency. As a guideline, if the building foundations, building shell (outer walls, interior support walls or roof) or major building systems (HVAC, plumbing, electrical) are substantially altered or replaced, it is substantial rehabilitation. “Substantial alterations” are those alterations to an existing facility by the lessor in accordance with Commonwealth agency specifications/plans/drawings where final plans, drawings and specifications must be reviewed and approved by the Commonwealth agency. These terms do not include cosmetic improvements, routine maintenance, minor non-structural alterations and upgrades.

The lease shall require the lessor and lessor’s contractor(s) to pay no less than the wage rates as issued by the Secretary of the Pennsylvania Department of Labor and Industry for each craft or classification of all workers needed to perform the contract(s) for the construction/substantial rehabilitation/substantial alterations of the facility. The construction/substantial rehabilitation/substantial alterations required by the lease will be subject to the provisions, conditions, duties, requirements, remedies and penalties of the Pennsylvania Prevailing Wage Act, 43 P.S. § 165-1 et seq. The prevailing minimum wage predetermination, as issued by the Secretary of Labor and Industry, shall be attached to the lease and made a part of the lease. No workers may be employed in the construction/substantial rehabilitation/substantial alterations, except in accordance with the classifications in the prevailing minimum wage predetermination of the Secretary of Labor and Industry. If additional or different classifications are necessary, the lessor shall request the Department of General Services to petition the Secretary of Labor and Industry for rates for additional or different classifications.

The rent requested by proposers offering to construct a new facility or to substantially rehabilitate an existing facility or to make substantial alterations must take into consideration the requirement of the lessor and lessor’s contractor(s) to pay no less than the prevailing wage rates issued by the Secretary of Labor and Industry.

In order to view the current prevailing wages for each craft or classification of workers needed to perform the contract(s) for the construction/substantial rehabilitation/substantial alterations of the leased facility for the locality where the facility will be constructed/substantially rehabilitated go to http://www.dli.state.pa.us/landi/li_apps/requestPW.asp and request the prevailing wages.

These are the applicable wage rates provided a lease is negotiated and fully executed within 120 days of the proposal response date. In the event the lease is not fully executed within this 120 day period, it will be necessary to request and obtain new, current prevailing minimum wage rates from the Secretary of Labor and Industry that the lessor or lessor’s contractors must pay to those employees involved in the construction/improvement/alteration of the leased facility.

Proposals must include a statement indicating whether or not the rent is based upon the requirement to pay prevailing wages.

http://www.dli.state.pa.us/landi/li_apps/requestPW.asp

If, after receipt of proposals, the DGS determines that the lessor and lessor’s contractor(s) should pay the prevailing minimum wage rates when the lessor’s proposal did not include consideration of this requirement, DGS may give the proposer the opportunity to revise its offered rental amounts to include allowance for payment of prevailing wages. When such a determination is made, the lease shall require, or be amended to require, the lessor and lessor’s contractor(s) to pay the prevailing minimum wage rates as issued by the Secretary of the Pennsylvania Department of Labor and Industry. If this occurs, the lessor and DGS shall negotiate either an increase in the rental rate or the amount of a one-time payment to cover the increase in cost as a result of including this requirement. The lease will be subject to the provisions, conditions, duties, requirements, remedies and penalties of the Pennsylvania Prevailing Wage Act, 43 P.S. § 165-1 et seq.

SUBMISSION OF PROPOSALS

To be considered, interested parties must submit a complete response to this SFP, using the format provided in the “Proposal Requirement” section of this document. An interested party will make no other distribution of the proposal. An official who is authorized to bind the interested party to its provisions must sign the proposal. For this SFP, the conditions of the proposal must remain valid for at least sixty (60) days from the date specified in the cover letter.

Moreover, the conditions of the selected proposal will become contractual obligations if a contract is entered into with the Commonwealth.

A complete proposal package is necessary for evaluation of your proposal. Failure to include any of the required information or forms will delay evaluation of your proposal and may, at the Commonwealth’s sole discretion, result in the rejection of your proposal.

The Commonwealth now allows alternate responses for one solicitation. In order to be considered as a complying submission, a proposal must initially adhere strictly to the solicitation specifications in all material regards. However, in addition to this component, a proposer may, at the proposer’s discretion, submit one or more alternate proposals that vary from the specifications. In particular, the proposer may, by way of example, propose alternate finishes or spatial layouts that allow the proposer to submit a more competitive price proposal. The proposal must clearly label the primary proposal, and all alternates, and a clear breakdown of the price differentials should be delineated. DGS will consider and evaluate the primary and all alternate proposals at its sole discretion.

TYPE OF AGREEMENT

The selected party will be expected to enter into a lease agreement in substantially the same form as the sample lease which is attached as APPENDIX A of this SFP. The terms and conditions of this SFP and the selected party’s proposal will be incorporated into the lease by reference.

REJECTION OF PROPOSALS

The Commonwealth reserves the right to reject any and/or all proposals received as a result of this request, or to negotiate separately with competing contractors. If, in the opinion of the

Commonwealth, contract negotiations with the selected party cannot be concluded within 60 days following the selected party's receipt of a draft lease agreement, the Commonwealth may at its sole discretion, immediately discontinue negotiations with the selected party and commence negotiations with any other interested party.

INCURRING COSTS

The Commonwealth is not liable for any costs incurred by interested parties related to the preparation of their proposals for this SFP.

ECONOMY OF PREPARATION

Proposals should be prepared simply and economically, providing a straightforward, concise description of the interested party’s ability to meet the requirements of the SFP.

ORAL PRESENTATION

An interested party that submits a proposal may be required to make an oral presentation of its development plan to DGS.

AMENDMENT TO THE SFP

If it becomes necessary to revise any part of this SFP, an amendment will be issued to all interested parties who received the original SFP. For any interested party who downloads the SFP from the DGS website, it will be that party’s responsibility to check the website for amendments to the SFP prior to the submission of its proposal.

SELECTED PARTY RESPONSIBILITIES

The selected party will be required to assume responsibility for all services offered in the proposal whether or not the selected party actually performs them. Further, the Commonwealth will consider the selected party to be the sole point of contact with regard to contractual matters.

DISCLOSURE OF PROPOSAL CONTENTS

• Confidential Information. The Commonwealth is not requesting, and does not require, confidential proprietary information or trade secrets to be included as part of proposers’ submissions in order to evaluate proposals submitted in response to this SFP.

Accordingly, except as provided herein, proposers should not label proposal submissions as confidential or proprietary or trade secret protected. Any proposer who determines that it must divulge such information as part of its proposal must submit the signed written statement described in subsection c.(2) below and must additionally provide a redacted version of its proposal, which removes only the confidential proprietary information and trade secrets, for required public disclosure purposes.

• Commonwealth Use. All material submitted with the proposal shall be considered the property of the Commonwealth of Pennsylvania and may be returned only at the issuing office’s option. The Commonwealth has the right to use any or all ideas not protected by intellectual property rights that are presented in any proposal regardless of whether the proposal becomes part of a lease. Notwithstanding any proposer copyright designations contained on proposals, the Commonwealth shall have the right to make copies and distribute proposals internally and to comply with public record or other disclosure requirements under the provisions of any Commonwealth or United States statute or regulation, or rule or order of any court of competent jurisdiction.

• Public Disclosure. Public records requests for proposals are governed by and shall be handled in the following manner:

After the award of a lease pursuant to this SFP, all proposal submissions are subject to disclosure in response to a request for public records made under the Pennsylvania Right-to-Know-Law, 65 P.S. § 67.101, et seq., commencing January 1, 2009. If a proposal submission contains confidential proprietary information or trade secrets, a signed written statement to this effect must be provided with the submission in accordance with 65 P.S. § 67.707(b) for the information to be considered exempt from disclosure under 65 P.S. § 67.708(b)(11).

NEWS RELEASES

News releases pertaining to this project will be made in coordination with the issuing office, and subject to Commonwealth approval.

FACILITY ACCESS

Consistent with safety and operational factors, the selected proposer will provide the Commonwealth unlimited access to the leased premises during the construction period.

PENNSYLVANIA STATE SALES AND USE TAX

The proposed facility is subject to all applicable Pennsylvania Sales and Use Tax legislation.

There is no special tax exemption for this project.

ORDER OF PRECEDENCE

If any discrepancies in interpretation arise, the terms of the Lease Agreement are the first point of reference, the SFP and all attachments are the second, and the Proposal is the third.

II. PROPOSAL REQUIREMENTS

INTRODUCTION

This section contains instructions governing the proposals to be submitted and the material to be included in the proposal. The proposal shall be submitted in the format delineated below.

It is the obligation of the proposer to become fully cognizant of all factors relevant to the site including, but not limited to, existing and surrounding zoning and zoning requirements, physical characteristics and conditions of the site and improvements, asbestos and environmental hazards, adequacy of public facilities, utility services, legal restrictions, and all other information relating to legal requirements, land-use planning, or design requirements and restraints.

REQUIRED DOCUMENTS

The following required documents must be completed accurately and submitted as part of your proposal (APPENDIX B):

1. GSRE -19 Proposal to Lease Space to the Commonwealth As indicated on GSRE – 19, certain required services should be included as part of your proposal. The required services are, but are not limited, to the following:

a. All Utilities

b. Janitorial Services and Supplies (please check the janitorial schedule included in the Agency Specifications attached to this SFP.)

c. Trash Removal

d. Snow and Ice Removal

e. Sewer and Water

f. Lawn and Shrub Care

g. Acquisition of the Site

h. Permitting

i. All Professional Fees

j. Financing

k. Building Construction

l. Real Estate Taxes

m. Insurance

2. GSRE - 6 Lessor Identity Disclosure

3. GSRE - 47 Agency Agreement/Limited Agent Authority

4. GSRE - 42M Contractor Responsibility Certification

5. GSRE - 54 Notice - Bureau of Real Estate is Sole Agent for Commonwealth

6. GSRE – 63 Acknowledgment/Usable Area Definition

7. Prevailing Wage Pre-determination issued by the Department of Labor & Industry

In addition to the required standard forms, a graphic schedule and narrative on the schedule through the design and construction phases of the project is required. This schedule will be used to complete Paragraph 18 of the draft lease agreement (APPENDIX A), and will include how the proposer plans to meet its proposed final completion date. The schedule for the development of the site should include but are not limited to:

• Test Fit

• Site Control

• Code and Building Permit Approvals

• Construction

• Utility Disconnect/Reconnect

ADDITIONAL INFORMATION

In order to assist with the evaluation of your proposal, the following should be included with your proposal package:

• Drawings - Site Plan(s), Floor Plans, Elevations and Building Sections.

• Photographs - Please mark photographs for easy reference .

• Any documentation the proposer determines to be necessary to explain the proposal.