REQUEST FOR PROPOSALS For a Multi-Alternative Fuel Station at Chicago O Hare International Airport Chicago, Illinois Issued February 1, 2013 City of Chicago Rahm Emanuel, Mayor Department of Aviation Rosemarie S. Andolino, Commissioner
TABLE OF CONTENTS EXECUTIVE SUMMARY... 3 I. PROJECT CONTEXT AND DEVELOPMENT GOALS... 2 A. General Location B. Project Need C. Proposal Overview D. Station Site E. Operations F. Costs and Revenue II. EVALUATION CRITERIA... 8 A. Airport Benefits B. Financial Plan and Abilities C. Design, Operation, Schedule, and Contingency D. MBE/WBE/City Worker Participation E. Airport Concession Disadvantaged Business Enterprise Participation III. SUBMISSION REQUIREMENTS... 10 A. Pre-Submittal Conference B. Questions and Changes C. Submittal Format D. Submittal Contents E. Submittal Address and Deadline IV. SELECTION PROCESS... 15 A. Evaluation and Approval B. Cancellation C. Conditions of Acceptance LIST OF ATTACHMENTS Exhibit A Vicinity Map Exhibit B Site Location Exhibit C Existing Utilities Exhibit D Example Land Bridge Exhibit E Example Ground Lease Exhibit F ACDBE Plan Exhibit G ACDBE Forms Exhibit H ACDBE Special Conditions Exhibit I Proposal Sheet Exhibit J Submittal Checklist
EXECUTIVE SUMMARY The Department of Aviation (CDA) of the City of Chicago requests that qualified teams submit proposals to develop, design, construct, operate and maintain a public access Multi-Alternative Fuel Vehicle Service Station (the Station) at O Hare International Airport (O Hare). The Station would offer compressed natural gas (CNG) and would allow for a variety of additional alternative fuels. This facility is intended to serve passenger vehicle fueling needs of the Airport, Airport tenants, other Airport-associated customers and businesses, and the general public. The fueling station furthers the City s initiative to be both environmentally and economically sustainable, encouraging the use of fuels that reduce greenhouse gas emissions. The designated area to be provided by the CDA for the Station is located on the northeast side of the airport, at the northeast corner of Patton Drive and West Johnson Road. This location will provide accessibility for both Airport and public vehicles. The site is adjacent to Mannheim Road and West Higgins Road, for public access and access by offairport, non-city fleet operators, and is in close proximity to the proposed consolidated rental car facility, future northeast cargo development, and taxi staging areas. Location: Objective: Costs: Evaluation and Selection: Chicago O Hare International Airport Johnson and Patton Road intersection Chicago, Illinois 60666 Finanace, design, construct, operate and maintain a public access Multi-Alternative Fuel Vehicle Service Station providing CNG and other alternative fuels. The respondent would pay for all capital costs to develop the Station as well as subsequent operation and maintenance costs. There will also be ground rent and concession fees. The City of Chicago will review the proposals based on the evaluation criteria and submission requirements outlined in this request for proposal (RFP). Among the criteria to be considered will be the completeness of the submission, the benefits to the airport, the financial capacity and experience of the respondent, and the quality and competitiveness of the Station concept. Key Dates: Release of RFP...February 1, 2013 Pre-Submittal Conference. February 13, 2013 Questions Due February 18, 2013 Response Due Date March 4, 2013
I. PROJECT CONTEXT AND DEVELOPMENT GOALS A. General Location Chicago O Hare International Airport (O Hare) is one of the premier international airports in the United States and the world in terms of passenger, aircraft, and cargo capacity. O Hare is a hub for two major international airlines (United and American) and serves over 66 million passengers and over 880,000 flights per year contributing billions of dollars to the Chicago, Illinois, and national economy including approximately 50,000 jobs at the airport. O Hare, just over 7,000 acres in size, is mostly located on the northwest side of the City and is owned by the City and operated by the Chicago Department of Aviation (CDA). It is generally surrounded by Touhy Avenue to the north, Mannheim Road and the Canadian National Railroad to the east, Irving Park Road and the Canadian Pacific Railroad to the south, and Elmhurst Road and the Union Pacific Railroad to the west. Bordering municipalities includes Des Plaines to the north, Rosemont to the northeast, Schiller Park and Franklin Park to the southeast, Bensenville to the southwest, and Elk Grove Village to the northwest. Land use surrounding O Hare includes a combination of industrial, commercial, and residential. The airport has primary access to U.S. Interstate 190 and proximate access to Interstate 90 to the north and Interstate 294 to the east. In 2005, the multi-billion dollar O Hare Modernization Program (OMP) was initiated to modernize the airfield and increase capacity. B. Project Need Increasing oil prices, depletion of natural resources and the accumulation of greenhouse gas emissions have led individuals to look into alternative means of fueling vehicles. As alternative fuels become more prevalent, the CDA would like to continue its leadership as an environmental steward, providing a multi-alternative fuel station delivering fueling options to the consumer. Increased Vehicular Traffic: Increased aircraft operations at O Hare have resulted in the expansion of several support facilities. A few of these projects have a direct impact on vehicular traffic in the area, most notably the Northeast Cargo Area development (NE Cargo) and the Consolidated Rental Car Facility (CRCF). Located in close proximity to the proposed station site (see Section D), NE Cargo and the CRCF are expected to increase local traffic by approximately 530 and 675 p.m. peak hour vehicle trips per day, respectively. Additionally, the station site is located directly adjacent to the suburban cab lot and only 1.5 miles from the commercial vehicle staging lot. These locations in relation to the station site are shown in Exhibit A Vicinity Map. Page 2
Alternative Vehicles: With the City of Chicago Green Taxi program in full force and with front of the line privileges for compressed natural gas (CNG) taxis implemented at O'Hare, it is critical that there is a CNG fueling option by ORD. Projected fleets expected at O Hare would provide an influx of 250 CNG cabs in the area. There are also many local fleets that could benefit from a CNG station, including: Groot waste haulers, Foodliner and other fleets. Furthermore, federal mandate requires that federal agencies purchase and operate alternative fueled vehicles if a fueling station is present. By providing a multi-fueling station at O Hare, local federal agencies may be required to purchase and maintain alternative fueled vehicles, and likely to use the closest fueling facility (the Station). The location of the preferred site would allow the Station high visibility from both Airport and non-airport related traffic. With average annual daily traffic on Higgins Road at 32,500 vehicles, and 30,000 vehicles on Mannheim Road (the nearest major intersection), the site provides continuous visibility. C. Proposal Overview The successful bidder will develop, design, construct and operate a multi- alternative fuel Station intended to serve passenger vehicle fueling needs of the Airport, Airport tenants, other Airport-associated customers and businesses, and the general public; therefore, the Station site should be developed and constructed to accommodate large commercial vehicles, including shuttle buses and medium-duty trucks. The Station will be comprised of alternative fuels, but may provide conventional fuels as well. The successful developer must provide pumping infrastructure for, at a minimum, 60 percent alternative fuels, including compressed natural gas and may also include any combination of the following fuels: biodiesel, liquefied petroleum gas, ethanol, hydrogen, or electric vehicle charging stations. The remaining 40 percent of pumps can be any combination of conventional fuels, such as gasoline and diesel fuel, or the aforementioned alternative fuels of the developer s choice. Additionally, a single fuel cannot account for more than 60 percent of the total number of pumps at the station. The Station must also include a sufficiently sized convenience store to stock and sell typical food/beverage/convenience items used by consumers, allow space for a customer lounge, and adequate parking for disabled and towed vehicles and convenience store customers (to accommodate at least 15 vehicles). Responders are also encouraged to include an automated car wash; provide public restrooms; and an air pump for inflating tires. Respondents should keep in mind that the Station facility and operation must be in compliance with all local, state, and federal laws and regulations, including obtaining and Page 3
maintaining the appropriate permits, licenses and operating certificates. As the Station is located on-airport within the City of Chicago, these laws and regulation include all City of Chicago ordinances and codes (plus CDA directives) as well as Federal Aviation Administration (FAA) approval for the project. Development of this site remains subject to National Environmental Policy Act (NEPA) approval with FAA. D. Station Site CDA has identified a preferred station site, located on the northeast side of the airport, at the northeast corner of Patton Drive and Johnson Road, with frontage on Higgins Road, as shown in Exhibit B Site Location. This location will provide accessibility for both Airport and public vehicles. The site is also convenient to Mannheim Road and Higgins Road, for public access and access by off-airport, non-city fleet operators, and is in close proximity to the proposed consolidated rental car facility and taxi staging areas. The site will allow for development on up to 2.25 acres; Respondents may choose not to develop the entire site, but the development must accommodate required turning radii for the expected traffic volumes. The selected respondent will assume the cost of clearing and disposing of existing infrastructure and debris such as paved surfaces, foundations, fill, fencing, and lighting. The selected respondent is solely responsible for bearing all costs and making all arrangements associated with the abandonment, relocation or installation of private or public utilities. Respondents are advised to contact the Department of Aviation (CDA) and private utility companies for information concerning existing utility lines. However, natural gas, electric and water hook ups are available in proximity to the site, as seen in Exhibit C Existing Utilities. The proposed site is adjacent to the existing 90 North Suburban Municipal Joint Action Water Agency (JAWA) pipeline which is routed along the northern edge of the site parallel to Higgins Road. It is anticipated that sufficient access to the site may be provided from internal roads (Johnson and Patton Roads). Although not encouraged, if the developer wishes to cross this easement for Station access directly from Higgins Road, the developer must use land bridges in order to maintain the integrity of the pipe. Such land bridges may cost over $1 million. An example land bridge approved for the JAWA line is included in Exhibit D Example Land Bridge. However, access may be provided from internal roads and are not required, nor encouraged, to cross the JAWA line. Any curb cuts or driveways on Higgins Road will need to be coordinated with the Illinois Department of Transportation (IDOT). The City has not performed a geotechnical analysis of the site, and the City makes no representations, warranty or covenant as to the suitability of the land for any purpose whatsoever. It is the responsibility of the selected respondent to investigate the environmental and geotechnical conditions of the site to its own satisfaction, and any studies performed in addition to the City s analyses will be at the respondent s cost. The City will grant the selected respondent a right-of-entry for the purpose of conducting Page 4
geotechnical and environmental tests. The respondent must provide the City with an acceptable certificate of insurance, and the respondent must agree to provide the City with copies of any and all geotechnical, environmental or other test reports. Environmental documentation will be made available to RFP respondents upon request. It is expected that the soil throughout the Property may contain typical waste and special waste, but not hazardous waste. The City of Chicago will negotiate a credit to Developer s ground rent for any environmental remediation resulting from the discovery of a pre-existing environmental condition previously unknown to the City or the Developer, and which the City, the State of Illinois, and Developer agree is necessary for this development. The successful developer must comply with requirements set forth in the CDA s Sustainable Airport Manual (SAM), which is available for download at www.airportsgoinggreen.org. Respondents are encouraged to include sustainability features in their proposals; incorporation of sustainability features is part of the selection evaluation criteria as noted in Section II. Proposals that include design and construction per the SAM, as well as Leadership in Energy and Environmental (LEED) principles would be viewed favorably. CDA desires to employ as many sustainability initiatives as possible in the Station. Proposed sustainable measures for this project may include, but not limited to, vegetated green roofs, permeable pavement, solar and other renewable energy features; energy efficiency measures including use of LED lighting, auto-dimmers and shut-offs, and use of Energy Star rated equipment; water use reduction such as rainwater catchment for car washing facilities, low-flow fixtures, and water-efficient landscaping; as well as the use of high recycled content, regionally available materials, and low-emitting materials. The successful developer must submit a corporate sustainability plan demonstrating their commitment to sustainability goals. E. Operations The selected respondent will be required to prepare an operations and maintenance (O&M) plan prior to initiating operation. The selected respondent will be responsible for maintaining the building mechanical systems as well as utility costs. The selected respondent will be required to update the O&M plan on an annual basis. Additionally, the successful developer will be required to complete the SAM Operations and Maintenance checklist every year. Subsequent to the City receiving all necessary approvals, the Station should be open and operational from within one year from contract award. Development of this site remains subject to NEPA approval with FAA. Proposals should outline the hours of operation for the automotive fuel services and concession areas. The Station should accept all forms of payment, including fleet credit-card networks. Additionally, the Respondent must outline the staffing levels for the operation and maintenance of the station. The selected respondent must describe reasonable Page 5
contingencies in case of emergency, problems, or underperformance related to the anticipated regular functions of the Station. F. Costs and Revenue The selected respondent will be responsible for all capital costs to develop the Station and related equipment in the facility. The selected respondent will also be responsible for any environmental remediation required to develop the site, and for remediation required at the end of occupancy. Demonstration of a respondent s capabilities and financial abilities will be criteria of the evaluation process (see Section II). Proposed ground rent and concession fees will also be criterion in the evaluation process. In consideration of the rights and privileges to be granted to the selected respondent by the City, the selected respondent will pay to the City ground rent and concessions fees during the term of the agreement, as follows: Term: The Agreement will become effective and binding on the date of its counter-signature by the Mayor ( Effective Date ). Subject to approval by the Federal Aviation Administration, the Term will commence on the Effective Date and will expire on the 15th anniversary of the Date of Beneficial Occupancy of the final portion of the Leased Space to be delivered to the Selected Respondent, but in no event later than 90 days following the delivery of the final portion of the Leased Space, except as may be extended in accordance with the Agreement. The City reserves, at its sole discretion, the right to extend the Term with 2 five year extensions. A sample ground lease agreement is provided in Exhibit E. At this time, the City anticipates that the locations included in this RFP will be delivered to the Selected Respondent in spring 2013. Ground Rent: The successful respondent shall propose an annual ground rent per square foot to be paid to the City. The ground rent will be escalated annually based on the Producer s Price Index (PPI) or 3 percent, whichever is greater. Concession Fees: The concession fee for each lease year equals the greater of (1) the Minimum Annual Guaranteed Fee ( MAG ) and (2) the Percentage Fee, which equals the product of Percentage Fee Rate(s) multiplied by gross concession revenues during the lease year. The actual compensation and calculations thereof are based on the Selected Respondent s proposal and are subject to negotiation. Respondent must propose 1) a MAG for each Lease Year of the Term and 2) a Percentage Fee Rate for each Lease Year of the Term. As desired, respondent may Page 6
propose multiple Percentage Fee Rates for varying levels of gross concession sales during any Lease Year. The Concession Fee is earned by the City on an annual basis. The Selected Respondent pays the MAG in equal monthly installments beginning as of the date the City delivers the first portion of the Leased Space to the Selected Respondent. From said delivery date through the completion of the Development Plan, the MAG attributable to any portion of the Leased Space that is under construction and not open to the public will be waived. Beginning on the fifteenth day of the second month of the Term, and continuing through the remainder of the Term, the Selected Respondent must report sales and the calculated Percentage Fee for the prior month; the Selected Respondent must also pay to the City the amount, if any, by which Percentage Fee for the prior month exceeds the MAG previously paid for that month. Within 180 days after the end of a contract year, the MAG and Percentage Fee paid will be reconciled pursuant to a process to be set forth in the Agreement. The successful Respondent will propose the percentage of gross receipt of revenues generated to be paid to the City. Including, but not limited to, the sale of all fuels, car washes, product sales, and food/beverage sales. The City intends to award the concessions offered by this RFP to the qualified and responsible respondents who provide the best overall proposals in the City's sole opinion. The City is not required to select the proposals with the highest proposed Minimum Annual Guarantee Fee, Percentage Fee or the highest projected compensation to the City. Sublease Fees: Tenant shall not, except to majority owned (not less than 51%) subsidiaries and majority owned (not less than 51%) affiliates of the Tenant or Subtenant (accepted transfers) assign, transfer, mortgage or pledge this agreement or the leasehold interest created therein, nor sublet the use of the premises or any part thereof, without the recommendation of the Commissioner of Aviation for City Council approval and the subsequent approval by the Council. City reserves the right to assess a 10% fee for any assignment or sublease. In addition, in the event an assignment or sublease of the aforesaid premises or any part thereof, is approved by the City Council, under no circumstances shall the income derived by Tenant there from exceed the amount of a proportionate share of Tenant's obligations and expenses, under the terms of this agreement, plus an additional amount not to exceed 10% of such total income to cover administration and risk burdens of Tenant. Page 7
II. EVALUATION CRITERIA A proposal is expected to adhere to all requirements and parameters set forth in this request for proposals (RFP) and shall be evaluated accordingly on completeness and responsiveness. A. Airport Benefits (25%) A proposal will be evaluated on the overall quality of its concept to develop and to manage the Station. In addition, the evaluation process will consider how well the concept realizes the following airport goals: 1) The development concept suggested for the parcel, including the quality of design, innovative and creative uses for the parcel. The facility should be a stateof-the-art fuel station providing a variety of market-derived alternative fuels in a safe and secure manner (includes supporting facilities such as convenience store, car wash, customer lounge and food court). 2) Extent to which the development employs environmentally conscious building materials and construction and design standards, including LEED design/certification, O Hare SAM guidelines, and O Hare Landscaping Specifications. An environmentally-friendly development, as exhibited by a comprehensive sustainability plan/design, will be a primary evaluation factor. 3) Revenue to the City in the form of lease terms. 4) Creating a more positive passenger and airport experience. B. Financial Plan and Abilities (40%) A proposal will be evaluated on the financial plan and abilities of the selected respondent. The evaluation process will consider the following: 1) Ability to demonstrate that the developer is in sound financial condition and has the ability to secure the necessary financing to meet the project's requirements now and in the future. 2) Financial model to achieve the Airport s objectives, including non-airline revenue generation. Models should identify proposed capital structures, financing sources, and requirements for third-party capital sources or state/federal programs. 3) Pricing Plan: proposals from developer(s) meeting the minimum experience and financial capability requirements will be reviewed to determine which, if any, will provide the most beneficial economic scenario to CDA, in the form of net annual ground lease rental payments and concession fees. Page 8
The airport benefits should be realized at the lowest possible capital and O&M costs, to be estimated by the respondent, without sacrificing quality. Although costs and fees will be studied further should a proposal be accepted, submitted financial documents and background information will be evaluated on the respondent s past experiences and potential abilities to realize the construction and operation of an O Hare fueling Station. C. Design, Operation, Schedule, and Contingency (20%) Proposals will be evaluated on the competitiveness of the Station s overall design and operation with regard to providing the aforementioned airport benefits and functions, but also to building and operating the most attractive, innovative, and efficient Station as fast as possible considering the airport s geography as well as local, state, and federal regulations. Proposals also will be reviewed for incorporation of sustainability measures. Proposals should include an emergency contingency plan in case of emergency, problem, or underperformance of the Station. O Hare operates 24 hours a day, 365 days a year and is vital to the economy of the Chicago region. The contingency plan will address the back-up systems and operational redundancies needed to overcome such emergencies. D. Minority Business Enterprise/Women Business Enterprise/City Worker Participation (7.5%) The City of Chicago and CDA has set goals to provide full and fair participation of certified minority business enterprises (MBE) and certified women business enterprises (WBE) in its construction and management contracts. For purposes of this RFP, the respondent is expected to demonstrate that at least 25% of its active design and construction contracts will be MBE and at least 5% will be WBE. Although these minimum percentages (with proof of certifications) are mandated for an on-airport facility, they will also be considered in evaluating an off-airport facility (outside City of Chicago jurisdiction). These minimum percentages are also expected to be carried over into management and O&M contracts once the Station opens for business. In addition, as the Station is located on-airport, City of Chicago residents must perform at least half of all construction-worker hours. If applicable, the selected respondent will be required to meet with a representative of the City of Chicago s monitoring and compliance division prior to the start of construction to review the respondent s plan for satisfying the City of Chicago s construction hiring and MBE/WBE goals. E. Airport Concession Disadvantaged Business Enterprise (ACDBE) Participation (7.5%) The concessions program at the Airports is subject to federal regulations set forth in 49 CFR 23 ( Part 23 ) governing ACDBEs. It is the policy of the City to fully comply with the requirements of Part 23. Accordingly, the City has established an aspirational goal of Page 9
20 percent participation by ACDBEs in the concessions offered by this RFP. Pursuant to 49 CFR 23.25(f), ACDBE participation must be, to the greatest extent practicable, in the form of direct ownership, management and operation of the concession or the ownership, management and operation of specific concession locations through subleases. However, the City will also consider participation through (1) a joint venture in which ACDBEs control a distinct portion of the joint venture business and/or (2) Respondent s purchase of goods and services from ACDBEs. Respondents considering a joint venture with an ACDBE are advised to refer to the US Department of Transportation s ACDBE Joint Venture Guidance issued July 17, 2008. A respondent must demonstrate compliance with the aspirational goal for ACDBE participation by (1) identifying in its proposal (via completion of Exhibit D and the appropriate schedules in Exhibit E) the certified ACDBEs that will participate in the concession (including the nature and percentage of such participation) and/or, to the extent that it has not met the aspirational goal, (2) demonstrating in its proposal the good faith efforts it has undertaken to achieve the City s aspirational goal. Failure to identify certified ACDBE participation equal to or greater than the aspirational goal, or to demonstrate good faith efforts to achieve the aspirational goal, in a respondent s proposal will be grounds for the City to determine that a respondent s proposal is not responsive to this RFP and/or that the Respondent is not responsible. In either case, the respondent will not be eligible for contract award under this RFP. Please note that mere submission of an application for ACDBE certification is not considered a good faith effort, and proposals which rely on such an application for compliance will be rejected as non-responsive. ACDBEs identified in a proposal must be certified as ACDBE by the Illinois Unified Certification Program ( UCP ) as of the proposal due date to meet the City s aspirational goal for ACDBE participation. Respondents are advised to verify with any proposed participant that it is ACDBE certified pursuant to Part 23 and obtain a copy of a current certification letter. Additional information regarding ACDBE certification is available from the City s Department of Procurement Services. III. SUBMISSION REQUIREMENTS A. Pre-Submittal Conference A pre-submittal conference will be held at the CDA Administration Building, 10510 West Zemke Road (Bldg 804) on Wednesday February 13, 2013 at 2:00 p.m. (CST) in Conference India. Attendance is not mandatory but is strongly encouraged. CDA advises all respondents not to rely on any explanation, clarification, interpretation, or response from any City of Chicago, CDA, or other related party outside the answers provided at the pre-submittal conference or written addendum. Page 10
B. Questions and Changes The City will not respond to telephone inquiries regarding this RFP. All questions related to the RFP must be submitted in writing via email ONLY to the following address: ORDmultifuel@cityofchicago.org All questions must be submitted prior to 5:00 p.m. (CST) on February 18, 2013. The subject of the email transmittal must be RFP for Multi-Fuel Station at O Hare. An acknowledgement reply will be sent to ensure that requests for clarifications and/or questions have been received. CDA will prepare written responses to questions received and distribute the questions and responses to Bidders. Responses will be distributed to such Bidders with the question included but will not identify who originally submitted the question. Any changes to this RFP shall be made in the form of an addendum and shall be posted on the CDA s website at http://flychicago.com/business. C. Submittal Format Submittals must be prepared on 8.5 x 11 paper and staple or clipped (not bound). Drawings included with submittals must be no longer than 11 x 17. If the respondent considers that certain portions of the submittal contain proprietary information, such portions should be clearly marked Confidential. One original and three (3) copies of the proposal must be submitted. The original must contain original signatures and be marked Original. Responder must also submit a Portable Data File (PDF) version of the entire Proposal in the same sequence as the hard copy. D. Submittal Contents By submitting a proposal for this RFP, it is understood that a respondent agrees to proceed with the Station development and operation if CDA selects that respondent s proposal for the purpose of establishing an agreement and proceeding with the project. The submittal must be organized so that each of the following numbered sections is included in the report in order. All of the items described below must be provided: 1) Cover Letter - Include a cover letter that briefly describes the proposal, identifies the benefits that the project will create for the airport, and describes the respondent s abilities and experience. The cover letter must be signed by an authorized representative of the responding entity. An email address and telephone number should be provided for the authorized representative. 2) Project Narrative - Provide an overall description of the project and the ways in which it satisfies the goals and objectives of the RFP and the general Page 11
approach the respondent will take in implementing the project, including the project components, respondent s understanding of the airport and surrounding area, and how the proposed project will support O Hare s interests. 3) Respondent s Organization - Provide information concerning the respondent s organizational form. The following information must be provided: a. A statement describing the legal form of the respondent entity. This should include identification of the principal representatives and individuals authorized to negotiate on its behalf and provide a description of the contractual structure of the respondent, ownership percentages, and duties. CDA may require copies of agreements, organizational documents, or letters of intent before selecting a proposal. b. An organizational chart that illustrates the role of each team member. 4) Respondent s Qualifications - Substantiate the ability of the development entity and key team members to successfully complete the proposed project. The following information must be provided: a. The qualifications and experience of each entity and key staff person involved in the project. b. A description of the development capability of the entity as evidenced by the ability to complete projects of similar or related scope, use or complexity within the last 10 years. Examples must include project identification, a brief description, duration, total development cost, and current status along with a description of the involvement of the entities and team members in the design, implementation or management of the project, and the names and contact information for references. c. A description of the financial capacity of the entity as evidenced by the ability to finance projects of related scope, use, or completed within the last 10 years. Examples must include project identification, a brief description, current status, type of financial structure, sources of debt financing, public financial support if any, and the size of the equity investment. 5) Development and Operations Plan - This overall plan may be general in nature, but should provide enough detail for CDA to understand the intent of the proposed operation. CDA may require further clarification and detail on these plans during the selection process. The selected respondent will be required to formalize these plans upon contract approval. a. Initial Construction Plan b. Operations Plan c. Emergency Contingency Plan d. Sustainability Plan Page 12
6) Plans and Drawings - Provide a preliminary drawing and a rendering that illustrate the proposed Station facility. Each drawing should be no larger than 11 x17. The following drawings, plans, and descriptions should be provided: a. A site plan showing proposed site configuration, building footprint, ingress and egress, loading, and parking. b. Proposed pumping infrastructure for each fuel type. c. A floor plan showing convenience store operations. d. Preliminary elevation renderings. 7) Financial Information and Plan - Submit a comprehensive financial plan in accordance with generally accepted accounting principles, including: a. An estimated capital budget and timeline to construct the Station, and provide and install equipment. b. A preliminary amortization analysis based on estimated capital costs and term necessary to amortize the costs. c. An estimated operating and maintenance budget for a 3-year period. d. Estimated fees needed to pay capital, operation and maintenance cost. Suggest a means of assessing the fees based on experience with other operations. e. An income statement and balance sheet for the respondent (and parent company, if applicable). f. A background report evidencing financial capacity and ability to build and operate the Station. The City of Chicago also reserves the right to request from the respondent and/or each team member a set of current audited financial statements or any other relevant financial documentation. 8) Affirmative Action Plan - Commit to an affirmative action program designed to promote equal opportunity in every aspect of procurement of goods and services for the Station. The mandated affirmative action program for an on- Airport fueling Station is minimum participation in contract expenditures of 25% MBE and 5% WBE. 9) Concession Disadvantaged Business Enterprise Participation Plan - Respondent must provide an ACDBE Participation Plan that identifies the names of respondent s ACDBE participants, indicates each ACDBE participant s relationship with the respondent (e.g., subtenant, joint venture partner, supplier), describes the role of each ACDBE participant in the development, management and operations of the concession, and states each ACDBE participant s financial commitment toward the respondent s initial capital investment. Use the format provided on Exhibit G. In addition, respondent must also include an executed Affidavit of ACDBE Goal Implementation Plan Commitment to Participation by Airport Concession Page 13
Disadvantaged Business Enterprises (Schedule D in Exhibit E), and executed letters of intent from each proposed ACDBE participant as appropriate (Schedule C in Exhibit E) or executed Affidavit of ACDBE Joint Venture (Schedule B in Exhibit E), if respondent is organized as a joint venture. In the event respondent s ACDBE Participation Plan does not identify participation by ACDBEs equal to or greater than the aspirational goal for this RFP, then respondent must provide evidence of good faith efforts to meet the aspirational goal. Examples of good faith efforts, as well as documentation needed to demonstrate good faith efforts, are shown in Section VI of the Special Conditions Regarding Airport Concession Disadvantaged Business Enterprise (ACDBE) Commitment attached hereto as Exhibit H. Please note that submission of an application for ACDBE certification by a prospective ACDBE participant, in the absence of other efforts, DOES NOT constitute good faith efforts. 10) Jobs - Provide an estimate of permanent jobs that will be generated by the Station and include information that supports these claims. An estimate of the number of temporary construction jobs must also be provided. 11) Legal Actions - Provide a listing and description of all legal actions of the past three years in which the respondent or any team member has been: a. A debtor in bankruptcy; b. a defendant in a lawsuit for deficient performance under a contract; c. a defendant in an administrative action for deficient performance on a project; and d. a defendant in any criminal action. 12) Proposal Sheet - As described in Section II, provide the ground rent, concession fees and minimum annual guarantee for all years of the lease. Also include the total estimated project cost. Use the format provided on Exhibit I. 13) Submittal Checklist - Include the submittal checklist provided in Exhibit J to demonstrate inclusion of all necessary submittal contents. 14) Exceptions - Respondents should include a list of exceptions, if any, to the requirements of this RFP, Sample Concessions Lease, and any addenda in their proposal as Section 14. Exceptions. Identify the requirement, nature of the exception and explanation. If no exceptions are identified and respondent's proposal is accepted, respondent is expected to conform to all of the requirements specified herein including, in particular, execution of a contract substantially similar to the Sample Concessions Lease Agreement. The City, in its sole discretion, shall determine whether substantive or extensive exceptions render the proposal non-responsive. Page 14
E. Submittal Address and Deadline The original and three (3) copies of the proposal, plus one CD with a PDF copy of the response must be delivered to the location below in a sealed envelope no later than 5:00 p.m. (CST) on Monday, March 4, 2013. Upon request, CDA will confirm acceptance of the delivery via email (please provide designated email address). Late deliveries will not be accepted. The respondent is solely responsible for ensuring timely delivery, and any proposal received after the deadline will be returned unopened. Submit proposals to the following address: Rosemarie S. Andolino Office of the Commissioner Chicago Department of Aviation 10510 W. Zemke Chicago O Hare International Airport Chicago, Illinois 60666 ATTN: Amy Malick Environment Section The outside of each envelope must be labeled as follows: O Hare Multi-Fuel Station RFP Respondent s Name Package Number of IV. SELECTION PROCESS A. Evaluation and Approval The City of Chicago will preview the submittals in accordance with the Evaluation Criteria described in Section II and the Submission Requirements described in Section III. The City may recommend a shortlist of respondents who may be asked to answer questions, provide additional information, or make presentations. The Aviation Commissioner may recommend that negotiations be commenced with a selected respondent, which would result in an agreement to build and operate the Station. As a result of these negotiations, the selected proposal may be amended or revised in order to best serve the interest of the City of Chicago. If recommended, an agreement will be drafted for submission to the Chicago City Council, which must approve the agreement before it can be executed. B. Cancellation The City of Chicago reserves the right, at any time and in its sole and absolute discretion, to reject any or all submittals, or to withdraw the RFP without notice. In no event shall Page 15
the City be liable to respondents for any cost or damages incurred by respondents, team members, consultants, or other interested parties in connection with the RFP process, including but not limited to any and all costs of preparing preliminary cost estimates, drawings and renderings, and other submitted materials as well as costs of participation in any conferences, presentations, or negotiations. C. Conditions of Acceptance The City reserves the right to request clarification and/or additional information (including best and final offers) from the respondents during the evaluation process. Any respondent that makes a submittal misrepresentation will be eliminated from further consideration. All submitted materials are the property of the City of Chicago and are considered confidential until the City and a selected respondent agree to announce the terms of the Station proposal, concept, or project. Any release of these materials for publication without the prior written permission of the City is cause for disqualification. Prior to consideration of the selected proposal, the respondent will be required to disclose additional information concerning the structure and ownership of the development and/or operational entities. Before the proposal can be considered by either body, all individuals having economic interest in the project must be free of all delinquent City of Chicago fines, tickets, fees, or penalties and must not be in arrears of child support payments. CDA will provide the economic interest and disclosure forms. Prior to the start of construction of any on-airport facility, the selected Respondent will be subject to meet with a representative of the City of Chicago s monitoring and compliance division to review the respondent s plan for satisfying the City of Chicago s construction hiring and MBE/WBE goals. The selection of a winning proposal does not commit the City to action until an agreement has been executed. The agreement must be consistent with the terms of the RFP, all representations made by the respondent in the RFP, and any subsequent negotiations. The selected respondent may not, without the written consent of the City, directly or indirectly create any new assignments in terms of key personnel or subcontractors with respect to the submitted proposal or the subsequent agreement. The City of Chicago will not be responsible for any fees, expenses, or commissions for brokers or their agents with respect to preparing a proposal. By submitting a proposal, a respondent agrees to hold the City of Chicago harmless from any claims, demands, actions, or judgments in connection with any broker fees, expenses, or commissions. Page 16